EPA v. HORRY COUNTY, SOUTH CAROLINA

Case summary

9/30/03 - CONSENT AGREEMENT ISSUED. DISCHARGES OCCURRED IN AND ALONG 1,000 LINEAR FEET OF COLLINS CREEK AND LOCATED BELOW ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 707, WEST OF SOCASTEE, HORRY COUNTY, SC. BASED UPON A MARCH 24, 2003 SITE INVESTIGATION BY THE U.S. ARMY CORPS OF ENGINEERS AND A JOINT EPA/COE SITE INSPECTION CONDUCTED ON JUNE 9, 2003, EPA HAS DETERMINED THAT THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. DURING MECHANICAL LAND CLEARING AND FILLING ACTIVITIES AT THE DISCHARGE AREA. DURING THE JUNE 9, 2003, INVESTIGATION, EPA DISCOVERED THAT RESPONDENT'S UNAUTHORIZED WORK IN COLLINS CREEK RESULTED IN DISCHARGES OF DREDGED AND/OR FILL MATERIAL THAT WENT BEYOND THE SCOPE OF THE COLLINS CREEK ENVIRONMENTAL RESTORATION PROJECT AND IMPACTED APPROX 1,000 LINEAR FEET OF COLLINS CREEK AND ADJACENT FORESTED WETLANDS. AGREEMENT REQUIRES: RESPONDENT SHALL SUBMIT A REVISED COLLINS CREEK ENVIRONMENTAL RESTORATION PROJECT TO EPA, THE COE, AND THE SCDHEC TO DETERMINE IF A CWA SECTION 404 PERMIT OR DHEC AUTHORIZATION IS REQUIRED TO CONDUCT ADDITIONAL WORK IN THE COLLINS CREEK WATERSHED WITHIN 30 DAYS. RESPONDENT SHALL DEVISE A WETLAND AND STREAM PROTECTION MANAGEMENT PLAN THAT INCORPORATES SOUND ECOLOGICAL PRINCIPALS, EMPLOYS BEST MANAGEMENT PRACTICES, AND INTEGRATES INNOVATIVE TECHNIQUES FOR THIS AND FUTURE PROJECTS IN HORRY COUNTY THAT INVOLVE MAINTENANCE DREDGING OR PROPOSED CHANNEL IMPROVEMENTS. RESPONDENT SHALL SUBMIT THIS PLAN TO EPA, THE COE AND DHEC FOR APPROVAL WITHIN 60 DAYS. EPA AND THE COE WILL REVIEW THE PLAN AND PROVIDE APPROPRIATE COMMENTS TO THE RESPONDENT. AFTER EPA/COE CONCURRENCE, RESPONDENT SHALL IMPLEMENT THE PLAN IN ALL FUTURE MAINTENANCE DREDGING OR PROPOSED CHANNEL IMPROVEMENT PROJECTS

Defendants (1)

• HORRY COUNTY, SOUTH CAROLINANamed in settlement

Facilities (1)

• WETLANDS (HORRY COUNTY)

  INTERSECTION COLLINS CREEK & SC HWY 707, SOCASTEE, SC, 29526

  Registry ID: 110015769168

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HORRY COUNTY, SOUTH CAROLINAentered 2003-09-30

  Primary law: CWA

Timeline (2 milestones)

• 2003-09-30Final Order Issued
• 2003-10-03Enforcement Action Data Entered