Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Concrete Pipe Manufacturer Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater industrial permit. See Docket No. CWA-03-2021-0079.

The CA provides that CPP is the owner and/or operator of a site in Jessup, Maryland, in which the manufacturing of concrete pipes and structures is undertaken.

CPP is stated to have submitted a Notice of Intent (“NOI”) on February 11, 2018, to obtain coverage under the Maryland Department of the Environment stormwater National Pollution Discharge Elimination System permit (associated with industrial activities).

The CPP site is stated to have been engaged in an industrial activity discharging stormwater from a point source to a creek which flows into a river. Such industrial activity is stated to be directly related to manufacturing, processing, or raw material storage areas at the site’s industrial plant.

EPA is stated to have conducted an inspection on June 11, 2019, at the site to assess compliance with the previously referenced permit.

The inspection allegedly identified the following violations:

  • Failure to Implement Bast Management Practice Requirements
  • Unauthorized Discharges under the Permit
  • Failure to Maintain a Facility Map

A civil penalty of $30,000 is assessed.

A copy of the CA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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