EPA v. 48 FORTY SOLUTIONS, LLC, Plant 389

Case summary

OCTOBER 06, 2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT To accomplish the objective of the CWA, defined in Section 101(a) of the CWA, 33 U.S.C. 1251(a), to restore and maintain the chemical, physical, and biological integrity of the nation's waters, Section 301(a) of the CWA, 33 U.S.C. 1311(a), prohibits the discharge of pollutants by any person into navigable waters except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to Section 402 of the CWA, 33 U.S.C. 1342. 48 Forty Solutions, LLC (Respondent) is a limited liability corporation incorporated in Delaware, headquartered in Alpharetta, Georgia, doing business in the State of Georgia and is a person within the meaning of Section 502(5) of the CWA, 33 U.S.C. 1362(5). At all times relevant to this action, Respondent owned and/or operated a pallet manufacturing facility known as 48 Forty Solutions, Plant No 389 (Facility), as identified by Standard Industrial Classification (SIC) Codes 2448, located at 1030 Bankhead Highway, Winder, Georgia 30680, at latitude 34.000208 N and longitude 83.78375 W. On August 08, 2023, representatives of the EPA and South Carolina Department of Environmental Services (SCDES) performed a Compliance Stormwater Evaluation Inspection (CSWEI) at Respondent's Site No. 211, the Walterboro, SC plant, to evaluate the Respondent's compliance with the requirements of Sections 301 and 402(p) of the CWA, 33 U.S.C. 1311 and 1342(p); the regulations promulgated thereunder at 40 C.F.R. 122.26, and the Permit On October 16, 2023, the EPA issued an Inspection Report to the Respondent by email. The Inspection Report indicated that during the CEI, the EPA inspectors observed the following: The Walterboro, South Carolina Site No. 211 is a pallet manufacturing facility (SIC Code 2448), but has not submitted an NOI for coverage under the existing SC Permit or obtained a No Exposure Certification. On August 29, 2024, the EPA issued a Notice of Potential Violation and 308 Information Request to the Respondent with regards to the Walterboro, SC, plant No. 211. EPA then identified the Facility as one of eight (8) sites, including the Winder, Georgia Site, located in the Southeast Region owned and operated by 48 Forty Solutions that did not have existing permit coverage to discharge stormwater associated with industrial activity from the Facility. Based on the hydrology of the Facility and historic rainfall, 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 through outfall(s) on the east side of the facility, into the City of Winders Municipal Separate Storm Sewer System (MS4), and then into Cedar Creek. In the EPA Supplemental Guidance to the 1995 Clean Water Act Settlement Policy for Violations of the Industrial Stormwater Requirements, 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 January 2021 through April 2025, every month experienced at least one rainfall event exceeding 0.5-inch of precipitation according to historical weather data from NOAA's Athens weather station No. KAHN. Cedar Creek is a relatively permanent, perennially flowing stream which connects to the Mulberry River, which connects to the Middle Oconee River, which joins the Ocmulgee River to form the Altamaha River a traditionally navigable water. Thus, Cedar Creek is a 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 Therefore, the EPA alleges that Respondent has violated Sections 301 and 402(p) of the CWA, 33 U.S.C. 1311 and 1342(p), by discharging stormwater without proper authorization to waters of the United States.

Defendants (1)

• 48 FORTY SOLUTIONS, LLC, Plant 389Named in settlement

Facilities (2)

• 48 FORTY SOLUTIONS, LLC - PLANT 389

  1030 BANKHEAD HIGHWAY, WINDER, GA, 30680

  Registry ID: 110072101871

• 48FORTY SOLUTIONS

  312 UPCHURCH LANE, WALTERBORO, SC, 29488

  Registry ID: 110071467888

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• 48 FORTY SOLUTIONS, LLC, Plant 389entered 2025-10-06

  Primary law: CWA

Timeline (2 milestones)

• 2025-10-06Final Order Issued
• 2025-12-01Enforcement Action Data Entered