EPA v. SCANA CORPORATION

Case summary

8/15/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500. RESPONDENT, SCANA CORPORATION, AT ALL TIMES RELEVANT TO THIS COMPLAINT, WAS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED SOUTH OF GODLEY STREET AND NEW STATE ROAD IN THE CITY OF CAYCE, SC. COMMENCING ON OR ABOUT MARCH 5, 2002, TO SEPTEMBER 30, 2003, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR COMMERCIAL DEVELOPMENT. RESONDENT IMPACTED APPROX 10.5 ACRES OF WETLANDS THAT ARE ADJACENT TO THE CONGAREE RIVER, WHICH IS TRIBUTARY TO THE WATEREE RIVER, WHICH FORMS LAKE MARION AND LAKE MOULTRIE AND EMPTIES INTO THE COOPER RIVER, A NAVAGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGE AND/OR FILL MATERIAL AT THE SITE FROM MARCH 5, 2002 TO SEPTEMBER 19, 2003, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• SCANA CORPORATIONNamed in complaintNamed 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 2005-09-26

  Primary law: CWA

  Federal penalty: $40,040 · SEP: $121,300

Timeline (4 milestones)

• 2005-08-15Complaint Filed/Proposed Order
• 2005-08-23Enforcement Action Data Entered
• 2005-09-26Final Order Issued
• 2005-10-28Enforcement Action Closed