EPA v. SCANA CORPORATION

Case summary

7/13/04 - ADMINISTRATIVE ORDER FOR COMPLIANCE ISSUED. VIOLATION: CAUSING THE UNAUTHORIZED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. DURING CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE EXPANSION OF THE CONSOLIDATED ENERGY SERVICES COMPLEX. UNAUTHORIZED IMPACTS TO APPROX 10.5 ACRES OF JURISDICTIONAL WETLANDS HAVE BEEN CONDUCTED DURING MECHANICAL LAND CLEARING, FILLING AND EXCAVATION ACTIVITIES. THE LOCATION OF THE UNAUTHORIZED WORK IS SOUTH OF GODLEY STREET AND NEW STATE ROAD IN THE CITY OF CAYCE, LEXINGTON COUNTY, SC. ORDER REQUIRES: RESPONDENT SHALL IMPLEMENT WETLAND STANDARD OPERATIONAL PROCEDURE ON ALL FUTURE SCANA PROJECTS THAT INVOLVE ANY GRADING, EXCAVATION, FILLING, MECHANICAL LAND CLEARING, OR MOVEMENT OF SOIL. RESPONDENT SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT SECTION 404 PERMIT FOR THE UNAUTHORIZED WORK IN WATERS OF THE U.S., WHICH IS THE SUBJECT MATTER OF THIS ORDER, WITHIN 30 DAYS. IF RESPONDENT IS GRANTED A PERMIT FROM THE COE TO AUTHORIZE ANY IMPACTS TO THE DISCHARGE AREA, RESPONDENT SHALL SEND A COPY OF THE PERMIT WITH CONDITIONS TO EPA WITHIN 15 DAYS OF PERMIT ISSUANCE. IF THE COE FAILS TO ISSUE A PERMIT FOR THE UNAUTHORIZED WORK, RESPONDENT SHALL CONTACT EPA WITHIN 7 DAYS OF PERMIT DENIAL AND INITIATE A PLAN TO RESTORE THE SITE TO PRE-IMPACT CONDITIONS

Defendants (1)

• SCANA CORPORATIONNamed in settlement

Facilities (1)

• WETLANDS (SCANA SERVICES, INC./OPERATIONS CENTER)

  GODLEY STREET AND NEW STATE ROAD, CAYCE, SC, 29033

  Registry ID: 110016763938

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SCANA CORPORATIONentered 2004-07-13

  Primary law: CWA

Timeline (2 milestones)

• 2004-07-13Final Order Issued
• 2004-07-14Enforcement Action Data Entered