EPA v. A.O. HARDEE AND SON, INC.

Case summary

5/6/05 - ADMINSTRATIVE ORDER ON CONSENT FOR COMPLIANCE. THIS AGREEMENT PERTAINS TO TWO DISCHARGE AREAS THAT ARE BORROW PITS THAT HAVE BEEN EXCAVATED IN WETLANDS. THE FIRST PIT, BAREFOOT PIT, IS LOCATED IN WETLANDS THAT ARE ADJACENT TO THE INTRACOASTAL WATERWAY, LOCATED EAST OF THE CAROLINA BAYS PARKWAY AND WEST OF THE INTRACOASTAL WATERWAY IN HORRY COUNTY, SC. THE SECOND PIT, PELICAN BAY PIT IS LOCATED NEAR THE INTERSECTION OF CAROLINA BAYS PARKWAY AND BOURNE TRAIL ROAD NEAR LONG BAY IN HORRY COUNTY, SC. THE DISCHARGES IN BOTH PITS OCCURRED DURING ACTIVITIES RELATED TO THE MINING OF AGGREGATE. ORDER REQUIRES: RESPONDENT SHALL ARRANGE FOR ACQUISTION OF 100 ACRES OF MITIGATION FROM THE SANDY ISLAND MITIGATION BANK FOR IMPACTS ASSOCIATED THE DISCHARGE AREA. RESPONDENT SHALL PROVIDE EPA A COPY OF THE MITIGATION CREDIT PURCHASE WITHIN 30 DAYS OF ACQUISITION

Defendants (1)

• A.O. HARDY & SON, INC. (SB)Named in settlement

Facilities (2)

• WETLANDS (A.O. HARDEE & SON, INC.)

  BAREFOOT PIT, NEXT TO CAROLINA BAY PARKWAY, MYRTLE BEACH, SC, 29572

  Registry ID: 110022872499

• WETLANDS (A.O. HARDEE AND SON, INC.)

  PELICAN BAY PIT, NEXT TO CAROLINA BAY PARKWAY, MYRTLE BEACH, SC, 29572

  Registry ID: 110022872505

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• A.O. HARDEE AND SON, INC.entered 2005-05-06

  Primary law: CWA

Timeline (2 milestones)

• 2005-05-06Final Order Issued
• 2005-06-30Enforcement Action Data Entered