AUGUST 16, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
On November 17, 2022, representatives of the EPA and GAEPD performed a Compliance Stormwater Evaluation Inspection (CEI) at Respondent's Facility 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.
Brier Creek is a traditionally navigable water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). The unnamed tributary to Brier Creek is relatively permanent and a water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7).
Therefore, the Respondent has violated Section 301 of the CWA, 33 U.S.C. ? 1311, by discharging stormwater without proper authorization to waters of the United States.
On January 31, 2023, the EPA issued an Inspection Report to the Respondent.
The Inspection Report indicated that during the CEI, the EPA inspectors observed the following:
A. Raw materials were stored outdoors uncovered, mixing operations were performed uncovered outdoors and the secondary containment structure for fuel storage was cracked.
B. The Facility is a concrete production facility (SIC Code 3273) but had not submitted an NOI for coverage under the existing Permit or obtained a No Exposure Certification.
On November 3, 2023, the EPA issued to the Respondent a Notice of Potential Violation and Inf