EPA v. CONCRETE SUPPLY COMPANY, LLC, SIMPSONVILLE, GREENVILLE COUNTY, SC

Case summary

JULY 12, 2023 - ADMINISTRATIVE COMPLIANCE AGREEMENT ON CONSENT On December 11, 2018, the EPA, in conjunction with SCDHEC, performed a Compliance Evaluation Inspection (CEI) at the Mauldin Plant to evaluate Respondent?s compliance with the requirements of Section 301 of the CWA, 33 U.S.C. ? 1311; the regulations promulgated thereunder at 40 C.F.R. ? 122.26; and the 2016 SC Permit. Based on its observations at the Facility, the EPA has determined that, from the time industrial operations at this Facility began to present, stormwater associated with industrial activity generally discharged from the Facility through an unnamed tributary to Bridge Fork Creek. On February 8, 2019, the EPA issued an Inspection Report to Respondent. On January 8, 2020, EPA issued the Notice of Violation and an Opportunity to Show Cause to Respondent, pursuant to Section 309(a) of the CWA, 33 U.S.C. ? 1319. On April 20, 2020, the EPA held, and Respondent participated in a show cause meeting via teleconference. On June 11, 2020, Respondent filed a response to EPA?s Notice of Violation and an Opportunity to Show Cause ? Mauldin Plant (?CSC Response?), as a supplement to evidence presented at the show cause meeting, denying certain findings and conclusions in the Notice of Violation and Opportunity to Show Cause issued by the EPA. Based on the CEI and information received at and following the show cause meeting, the EPA determined that Respondent committed the following violations of Section 301 of the CWA, 33 U.S.C. ? 1311, its implementing regulations at 40 C.F.R. ? 122.26, and the SC Permit. Therefore, the EPA alleges that Respondent has violated Sections 301 and 402(p) of the CWA, 33 U.S.C. ?? 1311 and 1342(p), at its Mauldin Plant by failing to comply with the conditions of the SC Permit.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC, SIMPSONVILLENamed in settlement

Facilities (1)

• CONCRETE SUPPLY CO. MAULDIN PLANT

  1438 OLD STAGE ROAD, SIMPSONVILLE, SC, 29681

  Registry ID: 110070504345

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CONCRETE SUPPLY COMPANY, LLC, SIMPSONVILLE, GREENVILLE COUNTY, SCentered 2023-07-12

  Primary law: CWA

Timeline (2 milestones)

• 2023-07-12Final Order Issued
• 2023-10-11Enforcement Action Data Entered