EPA v. CONCRETE SUPPLY COMPANY, LLC, SPARTANBURG, SPARTANBURG COUNTY, SC

Case summary

JULY 12, 2023 - ADMINSTRATIVE COMPLIANCE AGREEMENT ON CONSENT On December 13, 2018, the EPA, in conjunction with SCDHEC, performed a Compliance Evaluation Inspection (CEI) at the Spartanburg 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 SC Permit. Based on its observations at the Facility, and materials submitted by the property owner, 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 outfall to Three Mile Creek, which flows into Fairforest Creek. Fairforest Creek flows into the Vines Creek, which flows into the Tyger River. Fairforest Creek is a water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7), and its implementing regulation 40 C.F.R ? 122.2. On February 4, 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(a). 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 ? Spartanburg 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 Section 301 and 402(p) of the CWA, 33 U.S.C. ?? 1311 and 1342(p), at its Spartanburg Plant by failing to comply with the conditions of the SC Permit.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC, SPARTANBURGNamed in settlement

Facilities (1)

• CONCRETE SUPPLY CO. SIMUEL ROAD

  467 SIMUEL ROAD, SPARTANBURG, SC, 29303

  Registry ID: 110070505291

Statutes cited

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

Enforcement conclusions (1)

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

  Primary law: CWA

Timeline (2 milestones)

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