EPA v. SMYRNA READY MIX CONCRETE, LLC - MARTINEZ PLANT #327, GEORGIA

Case summary

SEPTEMBER 11, 2024 - ADMINISTRATIVE ORDER ON CONSENT On November 16, 2022, the EPA, in conjunction with GAEPD, performed a stormwater Compliance Evaluation Inspection (CEI) at the Martinez 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 GA Permit. 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, to present, stormwater associated with industrial activity generally discharged from the Facility to an unnamed tributary of Raes Creek from the Facility through the Jackson County MS4?s roadside drainage system at the front of the property and to the Interstate-20 right of way drainage system in the Facility's southeastern corner. Raes Creek is a relatively permanent, perennial tributary of the Savannah River. The Savannah River is a traditionally navigable water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7), and its implementing regulation, 40 C.F.R. ? 122.2. On January 23, 2023, the EPA issued an Inspection Report to Respondent. On October 18, 2023, the EPA issued a 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), and an Information Request pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318. On November 16, 2023, the EPA received Respondent's response to the Information Request. Respondent did not request a show cause meeting. In the November 2023 response, Respondent did not include the certification statement in accordance with 40 C.F.R. ? 122.22(d), as instructed in the October 18, 2023, letter. Further, the EPA notes the following deficiencies related to Respondent's first response submittal. On April 29, 2024, the EPA instructed Respondent via email to submit a full and complete response to the Information Request accompanied by the certification statement, signed by a duly authorized official. On May 2, 2024, Respondent emailed its second response submittal. Again, the submittal neither included the certification statement required by 40 C.F.R. ? 122.22 nor addressed the deficiencies identified in Paragraph 29 Subparagraphs B through F. Based on the CEI and information received as part of Respondents response to the EPA?s Information Request, the EPA determined that Respondent committed the following violations of Section 301 of the CWA, 33 U.S.C. ? 1311. Within 90 days of the Effective Date of this AOC, Respondent shall begin conducting quarterly monitoring at both of its permitted Outfalls in accordance with the Permit. This includes the collection and analysis of samples at the appropriate frequency and test procedures. Within 120 days of the Effective Date of this AOC, Respondent shall perform a review of the SWPPP, update the SWPPP to reflect the current conditions at the Facility, and provide a copy of the updated SWPPP to EPA for review. Respondent?s review should ensure that all the necessary elements of the SWPPP required by the GA Permit are included. Additionally, Respondent shall ensure that the updated SWPPP addresses the deficiencies noted in Section II of this AOC. Within 14 days of receiving any EPA comments on the Revised SWPPP, Respondent shall address all comments and resubmit the Revised SWPPP to the EPA. If Respondent receives no comments from the EPA on the Revised SWPPP within 30 days of its submittal, Respondent shall, within 120 days, implement the revised SWPPP. Respondent shall submit to the EPA quarterly reports within 30 days of the end of each of the first four full quarters of operation following the Effective Date of this AOC (quarters are January 1 ? March 31, April 1 ? June 30, July 1 ? September 30, and October 1 ? December 31).

Defendants (2)

• MARTINEZ PLANT #327, GEORGIANamed in settlement
• SMYRNA READY MIX CONCRETE, LLCNamed in settlement

Facilities (1)

• SRM PLANT #327-MARTINEZ

  4220 WHEELER RD, AUGUSTA, GA, 30907

  Registry ID: 110070892664

Statutes cited

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

Enforcement conclusions (1)

• SMYRNA READY MIX CONCRETE, LLC - MARTINEZ PLANT #327, GEORGIAentered 2024-09-11

  Primary law: CWA

Timeline (2 milestones)

• 2024-09-11Final Order Issued
• 2024-09-23Enforcement Action Data Entered