EPA v. CONCRETE SUPPLY COMPANY, LLC, LINCOLNTON, LINCOLN COUNTY, NC

Case summary

JULY 13, 2023 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On March 19, 2019, EPA, in conjunction with NCDEQ, performed a Construction Stormwater Enforcement Inspection (CSWEI) at the Lincolnton 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 2017 NC Permit. Based on its observations at the Facility during its CSWEI and due to the hydrology of the Facility and historic rainfall data, 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 a drainage ditch and outfalls to South Fork Catawba River. On May 28, 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 ? Lincolnton Plant (?CSC Response?), as a supplement to evidence presented at the Show Cause Hearing, denying certain findings and conclusions in the Notice of Violation and Opportunity to Show Cause issued by the EPA. As part of the CSC Response, Respondent provided the EPA with a copy of portions of a SPPP dated December 15, 2011, as the most current version of the Facility?s SPPP. Based on the CSWEI 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 2017 NC 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 Lincolnton Plant by failing to comply with the conditions of the 2017 NC Permit.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC, LINCOLNTONNamed in settlement

Facilities (1)

• CONCRETE SUPPLY CO-LINCOLNTON

  831 MADISON ST, LINCOLNTON, NC, 28092

  Registry ID: 110056156724

Statutes cited

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

Enforcement conclusions (1)

• CONCRETE SUPPLY COMPANY, LLC, LINCOLNTON, LINCOLN COUNTY, NCentered 2023-07-13

  Primary law: CWA

Timeline (2 milestones)

• 2023-07-13Final Order Issued
• 2023-10-11Enforcement Action Data Entered