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The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) have entered into an Accelerated Settlement Agreement (“ESA”) addressing an alleged violation of regulations related to the Industrial Rainwater License of the Clean Water Act See File No. CWA-04-2020-0320 (b).
ESA establishes that VSBC owns and operates a concrete block manufacturing facility (“Installation”) in Summerville, South Carolina.
The installation is declared as identified by code 3271 of the Standard Industrial Classification (“SIC”). Installations classified in the SIC. . . 32 (except 323). . . include the SIC Code 3271. As a result, such facilities are considered to have an “industrial activity” for the purposes of 40 CFR 122.26 (b) (14).
EPA claims to have issued a Request for Information pursuant to Section 308 of the Clean Water Act on March 27, 2019 for Van Smith Company, Inc. Van Smith Company, Inc., is declared to have a common shareholder of VSBC .
EPA claims to have reviewed the information provided in the Information Request, along with aerial photography and topography, and made some observations about the Facility, which included:
- Defendant has been operating at the Facility since December 2003.
- The facility had external industrial processes, including, but not limited to, process equipment, material storage and product storage with potential exposure and contribution to rainwater contamination.
- The Facility is a concrete block manufacturing facility (SIC Code 3271), but has not provided a NOI for coverage under the existing License.
ESA establishes that VSBC violated Section 301 of the Clean Water Act by discharging rainwater from the Facility without proper authorization for United States waters.
ESA evaluates a civil penalty of $ 20,000 for the alleged violation.
A copy of the ESA can be downloaded here.