EPA v. 48 FORTY SOLUTIONS, LLC, PLANT NO. 390

Case summary

NOVEMBER 7, 2025 - ADMINISTRATIVE ORDER ON CONSENT 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: A. 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 identified the Facility as one of eight (8) sites, including the Byron, 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 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 towards the east side of the facility to Sandy Run 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, 50 out of 52 months experienced at least one rainfall event exceeding 0.5-inch of precipitation according to historical weather data from NOAA's Macon, GA weather station (WXK71). Sandy Run Creek is a relatively permanent, perennially flowing stream which connects to the Ocmulgee River, a traditionally navigable water. Thus, Sandy Run Creek is a navigable water as that term is 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 NO. 390Named in settlement

Facilities (2)

• 48FORTY SOLUTIONS

  312 UPCHURCH LANE, WALTERBORO, SC, 29488

  Registry ID: 110071467888

• 48FORTY SOLUTIONS, PLANT 390

  4199 HOUSER MILL RD, BYRON, GA, 31008

  Registry ID: 110072101839

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• 48FORTY SOLUTIONS, LLC, PLANT NO. 390entered 2025-11-07

  Primary law: CWA

Timeline (2 milestones)

• 2025-11-07Final Order Issued
• 2025-11-20Enforcement Action Data Entered