JULY 13, 2023 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
On March 19, 2019, EPA, in conjunction with NCDEQ, performed a Construction Stormwater Enforcement Inspection (CSWEI) at the Lincolnton Plant to evaluate Respondent?s compliance with the requirements of Section 301 of the CWA, 33 U.S.C. ? 1311; the regulations promulgated thereunder at 40 C.F.R. ? 122.26; and the 2017 NC Permit.
Based on its observations at the Facility during its CSWEI and due to the hydrology of the Facility and historic rainfall data, the EPA has determined that from the time industrial operations at this Facility began, to present, stormwater associated with industrial activity generally discharged from the Facility through a drainage ditch and outfalls to South Fork Catawba River.
On May 28, 2019, the EPA issued an Inspection Report to Respondent.
On January 8, 2020, EPA issued the Notice of Violation and an Opportunity to Show Cause to Respondent, pursuant to Section 309(a) of the CWA, 33 U.S.C. ? 1319(a).
On April 20, 2020, the EPA held, and Respondent participated in, a show cause meeting via teleconference.
On June 11, 2020, Respondent filed a response to EPA?s Notice of Violation and an Opportunity to Show Cause ? Lincolnton Plant (?CSC Response?), as a supplement to evidence presented at the Show Cause Hearing, denying certain findings and conclusions in the Notice of Violation and Opportunity to Show Cause issued by the EPA. As part of the CSC Response, Respondent provided