EPA v. WAYNESBORO CONCRETE, INC.

Case summary

CONSENT AGREEMENT FINAL ORDER: 09/24/2026 This is an administrative penalty assessment proceeding brought under Section 309(g)(2)(B) of the Clean Water Act, 33 U.S.C. 1319(g)(2)(B), (CWA or the Act) and Sections 22.13(b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at Title 40 of the Code of Federal Regulations (C.F.R.), Part 22. Complainant is the Director of the Enforcement and Compliance Assurance Division of the United States Environmental Protection Agency, Region 4, who has been delegated the authority on behalf of the Administrator of the EPA to enter into this CAFO pursuant to 40 C.F.R. Part 22 and Section 309(g)(2)(B) of the CWA. Respondent is Waynesboro Concrete, Inc. (Respondent), a corporation duly organized and existing under the laws of the State of Georgia and doing business in the State of Georgia. This proceeding pertains to Respondent's facility located at 855 Davis Road, Waynesboro, Georgia 30830 (Facility) At all times relevant to this action, the Respondent owned and/or operated a ready-mix concrete production facility known as Waynesboro Concrete Inc., as identified by Standard Industrial Classification (SIC) Codes 3273, and located at 855 Davis Road, Waynesboro, Georgia 30830, at latitude 233.0992 and longitude -82.0081. The Facility, which began operations July 25, 2017, has outdoor raw material storage, outdoor mixing operations, fuel storage, and equipment staging. On November 17, 2022, the EPA and GAEPD performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondent's compliance with the requirements of Section 301(a) of the CWA, 33 U.S.C 1311(a), and the regulations promulgated under the CWA at 40 C.F.R. 122.26. On September 12, 2023, the EPA sent a Notice of Potential Violation and Information Request Letter (Information Request), pursuant to Section 308 of the CWA, 33 U.S.C. 1318, to the Respondent. Based on the CSWEI and due to the hydrology of the Facility and historic rainfall data, the EPA determined that stormwater associated with industrial activity generally discharged from the Facility through a drainage ditch and outfall on the southwest side of the Facility, to an unnamed tributary to Brier Creek. The unnamed tributary flows to Brier Creek, a traditional navigable water and water of the United States as defined by Section 502(7) and the CWA, 33 U.S.C. 1362(7) and its implementing regulation at 40 C.F.R. 230.3(s) (2014). The Respondent requested coverage under the Permit through the submission of a Notice of Intent to GAEPD on February 13, 2024. As a State authorized to implement the CWA NPDES Program, GAEPD issued Respondent a notice of permit authorization under the Permit on February 13, 2024. Based on the CSWEI and review of additional information, the Respondent has violated Section 301(a) of the CWA, 33 U.S.C. 1311(a), due to discharges not authorized by a NPDES permit and Respondent's failure to comply with the CWA and its implementing regulations. On July 22, 2024, Respondent entered into an Administrative Order on Consent (AOC) with the EPA, Docket No. CWA-04- 2023-0309, to correct violations of Section 402 of the CWA, 33 U.S.C. 1342, at the Facility and to comply with the Permit. The AOC did not resolve Respondent's liability for civil penalties. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $70,000, which is to be paid within thirty {30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• WAYNESBORO CONCRETE, INC.Named in complaintNamed in settlement

Facilities (1)

• WAYNESBORO CONCRETE

  885 DAVIS RD, WAYNESBORO, GA, 30830

  Registry ID: 110070007989

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WAYNESBORO CONCRETE, INC.entered 2026-09-24

  Primary law: CWA

  Federal penalty: $70,000

Timeline (3 milestones)

• 2026-09-24Final Order Issued
• 2026-09-24Complaint Filed/Proposed Order
• 2026-10-05Enforcement Action Data Entered