EPA v. CONCRETE SUPPLY COMPANY, LLC - LINCOLNTON, NC

Case summary

JULY 1, 2026 - CONSENT AGREEMENT On March 19, 2019, EPA, in conjunction with NCDEQ, 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 2017 NC Permit. During the CSWEI of the Facility, EPA?s inspectors observed: A. The Facility was observed as having installed a berm structure to divert runoff from Outfall #2. These additional structural measures were not reflected in the SWPPP. B. The SWPPP provided during the CSWEI was last updated in 2011. The SWPPP had not been updated to reflect the changes in the number of outfalls (the SWPPP identifies three outfalls, while the Facility claimed to only operate one), the installation of additional berms and water diversion structures, or been reviewed and/or updated on an annual basis. C. The inspection records provided during the CSWEI were found to be inaccurate and incomplete. The inspections did not document the inspection of all stormwater controls. No observations of the berm/diversion structure implemented to divert water from previously identified outfalls were recorded. D. Observations of the outfalls made during the CSWEI showed evidence of recent discharges. According to Facility personnel, process wastewater from the concrete washout was used throughout the Facility for dust suppression; therefore, all runoff from the Facility is considered to be wastewater. E. Various areas of the Facility were observed in need of housekeeping and/or maintenance. This included the area around the conveyors and silos where sediment accumulation was observed, the berm at Outfall 1, where sediment had accumulated to the height of the discharge point, and the berm located near Outfall 2, where a watertight seal had not been formed and therefore potential discharges had not been eliminated. 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 meeting. Respondent expressly denied 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 SWPPP dated December 15, 2011, as the most current version of the Facility?s SWPPP. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $17,500, which is to be paid within thirty (30) calendar days of the Effective Date of the CAFO.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC - LINCOLNTON, NCNamed in complaintNamed in settlement

Facilities (1)

• CONCRETE SUPPLY CO-LINCOLNTON

  831 MADISON ST, LINCOLNTON, NC, 28092

  Registry ID: 110056156724

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CONCRETE SUPPLY COMPANY, LLC - LINCOLNTON, NCentered 2026-07-01

  Primary law: CWA

  Federal penalty: $17,500

Timeline (2 milestones)

• 2026-07-01Final Order Issued
• 2026-09-17Enforcement Action Data Entered