EPA v. WAYNESBORO CONCRETE, INC, WAYNESBORO, GEORGIA

Case summary

AUGUST 16, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On November 17, 2022, representatives of the EPA and GAEPD performed a Compliance Stormwater Evaluation Inspection (CEI) at Respondent's Facility to evaluate the Respondent's compliance with the requirements of Sections 301 and 402(p) of the CWA, 33 U.S.C. ?? 1311 and 1342(p); the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. Brier Creek is a traditionally navigable water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). The unnamed tributary to Brier Creek is relatively permanent and a water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). Therefore, the Respondent has violated Section 301 of the CWA, 33 U.S.C. ? 1311, by discharging stormwater without proper authorization to waters of the United States. On January 31, 2023, the EPA issued an Inspection Report to the Respondent. The Inspection Report indicated that during the CEI, the EPA inspectors observed the following: A. Raw materials were stored outdoors uncovered, mixing operations were performed uncovered outdoors and the secondary containment structure for fuel storage was cracked. B. The Facility is a concrete production facility (SIC Code 3273) but had not submitted an NOI for coverage under the existing Permit or obtained a No Exposure Certification. On November 3, 2023, the EPA issued to the Respondent a Notice of Potential Violation and Information Request pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318. 16. On March 6, 2024, the EPA received the Respondent?s response to the Information Request. The following records were submitted by the Respondent in response to the EPA's Information Request: A. Quarterly inspection reports which included observations of the facility?s fueling area for signs of spillage, checking add mixture totes for leaks, and observations of the stockpile area for signs of runoff. B. Annual inspection reports which included good housekeeping activities performed at the stockpile area, notifying employees of proper fueling activities, and records associated with collecting and analyzing stormwater samples. C. Stormwater training for employees, photos of updated Best Management Practices (BMPs), and an updated Stormwater Pollution Prevention Plan (SWPPP) In accordance with Section 402(p) of the CWA, 33 U.S.C. ? 1342(p), and its implementing regulations, based on the CEI and due to the hydrology of the Facility and historic rainfall data, the EPA has determined that from the time industrial operations at the Facility began on July 25, 2017 to present, stormwater associated with industrial activity generally discharged from the Facility through a drainage ditch and outfall on the southwest side of the Facility, to an unnamed tributary to Brier Creek.

Defendants (1)

• WAYNESBORO CONCRETE, INCNamed in settlement

Facilities (1)

• WAYNESBORO CONCRETE

  885 DAVIS RD, WAYNESBORO, GA, 30830

  Registry ID: 110070007989

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WAYNESBORO CONCRETE, INC, WAYNESBORO, GEORGIAentered 2024-08-16

  Primary law: CWA

Timeline (2 milestones)

• 2024-08-16Final Order Issued
• 2024-09-11Enforcement Action Data Entered