EPA v. CONCRETE SUPPLY COMPANY, LLC SPARTANBURG, SC

Case summary

JULY 1, 2026 - CONSENT AGREEMENT On December 13, 2018, EPA, in conjunction with SCDES, performed an Industrial Stormwater Enforcement Inspection (CSWEI) at the Facility 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. During the CSWEI of the Facility, EPA?s inspectors observed: A. The SWPPP provided for the Facility failed to meet the following requirements: a. The SWPPP provided during the CEI was last updated on July 20, 2012, which was not within 90 days of the SC Permit?s effective date of September 1, 2016, in contravention of Part 5 of the SC Permit. b. The SWPPP provided for the Facility did not provide information pertaining to the concrete washout basin utilized by Concrete Supply Company and Archer Western (the operator of the tenant facility), in violation of Parts 5.1.2.c.iv and 5.1.4 of the SC Permit. c. The SWPPP provided for the Facility did not include descriptions of all of the pipe, swales, and conveyances located at the Facility, as required by Part 5.1.2.c.vi of the SC Permit. Specifically, the Facility did not identify separate discharge pipes to the combined collection point for Outfall #1. B. Respondent failed to provide all required sampling and monitoring data for all the Facility?s outfalls, which EPA alleges is in violation of Part 6.1.1 of the SC Permit. 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. Respondent expressly denied certain findings and conclusions in the Notice of Violation and Opportunity to Show Cause issued by the EPA. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $7,000, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC SPARTANBURG, SCNamed in complaintNamed 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, SCentered 2026-07-01

  Primary law: CWA

  Federal penalty: $7,000

Timeline (2 milestones)

• 2026-07-01Final Order Issued
• 2026-09-21Enforcement Action Data Entered