EPA v. CONCRETE SUPPLY COMPANY, LLC - MAULDIN SIMPSONVILLE, 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 Facility was discharging water from the recycled concrete storage area through an undocumented discharge point on the northeastern side of the Facility. B. The SWPPP provided for the Facility failed to meet the following requirements: a. The SWPPP was last updated in 2010, which was not within 90 days of the SC Permit?s effective date of October 1, 2016. b. The SWPPP failed to provide descriptions of all the control measures utilized at the facility; specifically, housekeeping measures like sweeping used to address the pollutant potential from paved areas. c. The SWPPP did not include the procedures and schedules for good housekeeping and preventative maintenance measures. d. The SWPPP did not include details on the procedures for conducting the analytical monitoring at the Facility. e. The SWPPP did not include details of the procedures for performing the various types of inspections specified by the SC Permit (i.e., routine facility inspections, quarterly visual inspections, and comprehensive facility inspections. C. Respondent failed to produce records pertaining to the time and duration of rain events. D. Facility personnel reported that pH strips were used for the pH monitoring at the Facility, which is not an approved method under 40 C.F.R. Part 136. E. Respondent was unable to provide records demonstrating a consecutive four quarters average below the benchmark values. On February 8, 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 ? Mauldin Simpsonville 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 $21,000, which is to be paid within thirty (30) calendar days of the Effective Date of the CAFO.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC - MAULDIN SIMPSONVILLNamed in complaintNamed in settlement

Facilities (1)

• CONCRETE SUPPLY CO LLC - MAULDIN

  1438 OLD STAGE ROAD, SIMPSONVILLE, SC, 29681

  Registry ID: 110060260088

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CONCRETE SUPPLY COMPANY, LLC - MAULDIN SIMPSONVILLE, SCentered 2026-07-01

  Primary law: CWA

  Federal penalty: $21,000

Timeline (3 milestones)

• 2026-07-01Complaint Filed/Proposed Order
• 2026-07-01Final Order Issued
• 2026-09-17Enforcement Action Data Entered