EPA v. 48 FORTY SOLUTIONS, LLC, PLANT NO. 329

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, 33U.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 North Carolina 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, the Respondent owned and/or operated a pallet manufacturing facility known as 48 Forty Solutions, Plant No 329 (Facility), as identified by Standard Industrial Classification (SIC) Codes 2448, located at 2 Dinan Road, Dunn, North Carolina, at latitude 35.290622 and longitude -78.618562. On August 08, 2023, representatives of the EPA and South Carolina Department of Environmental Services (SCDES) performed a Stormwater Compliance Evaluation Inspection (CEI) 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 Permit or obtained a No Exposure Certification. On August 29, 2024, the EPA issued a Notice of 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 Dunn, North Carolina Site No 329, located in the Southeast Region owned and operated by 48 Forty Solutions that did not have existing coverage under a NPDES Permit to discharge stormwater associated with industrial activity from the Facility.

Defendants (1)

• 48 FORTY SOLUTIONS, LLC, PLANT NO. 329Named in settlement

Facilities (2)

• 48FORTY SOLUTIONS

  312 UPCHURCH LANE, WALTERBORO, SC, 29488

  Registry ID: 110071467888

• 48 FORTY SOLUTIONS, LLC - PLANT 329

  2 DINAN ROAD, DUNN, NC, 28334

  Registry ID: 110072101868

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• 48 FORTY SOLUTIONS, LLC, PLANT NO. 329entered 2025-10-06

  Primary law: CWA

Timeline (2 milestones)

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