EPA v. THE BROADWAY GROUP, LLC.

Case summary

OCTOBER 1, 2025 - CONSENT AGREEMENT The USACE conducted an inspection of the Site on April 12, 2022, and documented unauthorized discharges of dredged and/or fill material into waters of the United States. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $30,000.00, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO. On April 15, 2022, the USACE issued a Notice of Violation (?NOV?) to the Respondent for working in, and discharging dredged and/or fill material into, waters of the United States on the Site without a CWA Section 404 permit. In response to the USACE?s NOV, Respondent directed its contractor to complete work necessary to stabilize the Site. Other than activities related to work necessary to complete stability of the Site, Respondent has not conducted any further development activities at the Site. Respondent submitted a Section 404 of the CWA after-the-fact permit application to the USACE on November 1, 2022. The USACE and the Alabama Department of Environmental Management issued a Joint Public Notice on Respondent?s after-the-fact permit application on November 14, 2022. After reviewing the November 14, 2022, Joint Public Notice, the EPA, on December 14, 2022, requested that the USACE refer the matter to the EPA, so that the EPA could be the lead agency on the enforcement case, in accordance with the January1989 Memorandum of Agreement between the agencies on federal enforcement for the Section 404 Program of the CWA. On August 16, 2023, the EPA and the USACE conducted a joint inspection of the site to evaluate Respondent?s discharge of dredged and/or fill material at the Site and to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232. On March 2, 2023, the EPA sent an Information Request Letter (?Information Request?), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to Respondent requesting information related to Respondent?s discharge of dredged and/or fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232. Respondent stated in its April 7, 2023, responses to the Information Request that its contractor operated earth moving machinery, such as backhoes, bulldozers, and dump trucks, for earth moving and depositing dredged and/or fill material at the Site.

Defendants (1)

• THE BROADWAY GROUP, LLCNamed in complaintNamed in settlement

Facilities (2)

• THE BROADWAY GROUP

  65 MOUNTAIN TOP LOOP, PELL CITY, AL, 35128

  Registry ID: 110071399191

• BROADWAY GROUP DOLLAR GENERAL

  35 COOK SPRINGS ROAD, PELL CITY, AL, 35128

  Registry ID: 110071467982

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• THE BROADWAY GROUP, LLC,entered 2025-10-01

  Primary law: CWA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2023-10-06Enforcement Action Data Entered
• 2025-09-30Complaint Filed/Proposed Order
• 2025-10-01Final Order Issued
• 2025-10-23Enforcement Action Closed