EPA v. 48 FORTY SOLUTIONS, LLC - PLANT NO. 231

Case summary

ADMINISTRATIVE ORDER ON CONSENT 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: 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 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 Charlotte, North Carolina Site No 231, 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. Based on the hydrology of the Facility and historic rainfall data, the EPA has determined that from the time industrial activities and operations at the Facility began to present, stormwater associated with industrial activity generally discharged from the Facility to a relatively permanent, perennial Unnamed Tributary to Taggart Creek. During the period from July 2018 to July 2024, 63 out of 73 months experience at least one rainfall event exceeding 0.5-inches of precipitation according to historic weather data from NOAA?s Charlotte Douglas Airport, NC, Station No. USW00013881. The Unnamed Tributary to Taggart Creek is a relatively permanent, perennial tributary of Sugar Creek which eventually outfalls to Catawba River. The Catawba 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 regulations, 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, LLCNamed in settlement

Facilities (2)

• 48FORTY SOLUTIONS - PLANT 231 - CHARLOTTE NC

  4001 MORRIS FIELD DRIVE, CHARLOTTE, NC, 28208

  Registry ID: 110072101881

• 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 NO. 231entered 2025-10-06

  Primary law: CWA

Timeline (2 milestones)

• 2025-10-06Final Order Issued
• 2025-12-02Enforcement Action Data Entered