EPA v. RADIUS RECYCLING, INC., BIRMINGHAM, ALABAMA

Case summary

OCTOBER 6, 2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On November 28, 2023, the EPA, in conjunction on with ADEM, performed a stormwater Compliance Evaluation Inspection (CEI) 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 AL 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 a relatively permanent, perennial Unnamed Tributary of Valley Creek. In the EPA Supplemental Guidance to the 1995 Clean Water Act Settlement Policy for Violations of the Industrial Stormwater Requirement, 0.5 inches during a 24-hour period is used as the general benchmark for likely stormwater runoff to result in a discharge. During the period from October 2019 through September 2024, 57 out of the 60 months experienced at least one rainfall event exceeding 0.5-inch of precipitation according to historical weather data from NOAA's Birmingham weather station. Valley Creek is a relatively permanent, perennial tributary of the Black Warrior River. The Black Warrior 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 31, 2024, the EPA issued an Inspection Report to Respondent. On July 31, 2024, the EPA issued a Notice of Violation (NOV) 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 Sec􀆟on 308 of the CWA, 33 U.S.C. ? 1318. On August 9, 2024, the EPA received Respondent?s response to the Information Request. Respondent did not request a show cause meeting. On October 24, 2024, the Respondent submitted additional information to the EPA in response to the Section 308 Information Request and NOV EPA issued to it on July 31, 2024. Respondent demonstrated in this response that it sent an NOI for Permit modification to ADEM on August 6, 2024, for expansion of the Facility (new scale house). Although the Respondent alleged there had been no unauthorized discharges to waters of the United States, it did concede that the new scale house altered the location of one outfall. ADEM issued a letter approving the permit modification on August 28, 2024. An additional NOI modification was submitted to ADEM on October 24, 2024. This modified NOI updated the location of Outfall #3. On November 8, 2024, ADEM issued an approval letter with a permit effective date of December 1, 2024. Based on the CEI and information received as part of Respondent's response to the EPA?s Information Request, the EPA determined that Respondent committed violations of Section 301 of the CWA, 33 U.S.C. ? 1311, its implementing regulations at 40 C.F.R. ? 122.26, and the AL Permit.

Defendants (1)

• RADIUS RECYCLING, INCNamed in settlement

Facilities (1)

• RADIUS RECYCLING - BIRMINGHAM

  515 1ST AVENUE NORTH, BIRMINGHAM, AL, 35204

  Registry ID: 110010126265

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RADIUS RECYCLING, INC., BIRMINGHAM, ALABAMAentered 2025-10-06

  Primary law: CWA

Timeline (2 milestones)

• 2025-10-06Final Order Issued
• 2025-11-13Enforcement Action Data Entered