EPA v. OLD CASTLE PRECAST INC.

Case summary

JULY 24, 2024 - SPCC EXPEDITED SETTLEMENT AGREEMENT On November 2, 2022, the United States Environmental Protection Agency (EPA) conducted an inspection of the Respondent's facility located at 3000 New McEver Road NW, Acworth, Georgia 30101 (the Facility), to determine compliance with the Oil Pollution Prevention regulations promulgated at 40 C.F.R. Part 112 under Section 311(j) of the Clean Water Act (CWA), as amended, 33 U.S.C. ? 1321(i). EPA determined that Respondent, as owner and operator of the Facility, violated the Oil Pollution Prevention regulations as noted on the attached Spill Prevention Control and Countermeasure Inspection Findings, Alleged Violations, and Proposed Penalty Form (Form), which is incorporated by reference. EPA is authorized to enter into this Expedited Settlement Agreement (ESA) under the authority of Section 311(b)(6)(B)(i) of the CWA, 33 U.S.C. ? 1321(b)(6)(B)(i),as amended by the Oil Pollution Act of 1990, and 40 C.F.R.? 22.13(b). The parties enter into this ESA to settle the civil violations described in the Form for a penalty of $2,500. This ESA is subject to the following terms and conditions: EPA finds Respondent is subject to the Oil Pollution Prevention regulations and has violated the regulations as described in the Form. Respondent admits it is subject to the Oil Pollution Prevention regulations and that EPA has jurisdiction over Respondent and Respondent's conduct as described in the Form. Respondent does not contest the inspection findings and neither admits nor denies the allegations in the Form. Respondent also waives any objections it may have to EPA's jurisdiction, any rights to contest the allegations, and its right to appeal this ESA and Final Order. Respondent consents to the assessment of the penalty stated above.

Defendants (1)

• OLD CASTLE PRECAST INC.Named in complaintNamed in settlement

Facilities (6)

• OLD CASTLE - ACWORTH

  3000 NEW MCEVER RD NW, ACWORTH, GA, 30101

  Registry ID: 110064666160

• OLD CASTLE

  3000 NEW MCEVER RD NW, ACWORTH, GA, 30101

  Registry ID: 110064666160

• OLD CASTLE

  3000 NEW MCEVER RD NW, ACWORTH, GA, 30101

  Registry ID: 110064666160

• OLD CASTLE

  3000 NEW MCEVER RD NW, ACWORTH, GA, 30101

  Registry ID: 110064666160

• OLD CASTLE - ACWORTH

  3000 NEW MCEVER RD NW, ACWORTH, GA, 30101

  Registry ID: 110064666160

• OLD CASTLE - ACWORTH

  3000 NEW MCEVER RD NW, ACWORTH, GA, 30101

  Registry ID: 110064666160

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• OLD CASTLE PRECAST INC.entered 2024-07-24

  Primary law: CWA

  Federal penalty: $2,500

Timeline (5 milestones)

• 2024-07-24Final Order Issued
• 2024-07-24Complaint Filed/Proposed Order
• 2024-08-07Enforcement Action Data Entered
• 2024-09-16NPDES Closed
• 2024-09-16Enforcement Action Closed