EPA v. TIMMONSVILLE, SC, TOWN OF & CITY OF FLORENCE, SC

Case summary

6/5/13: (PRESS RELEASE) DOJ, acting on behalf of EPA and SC DHEC, acting on behalf of the State of SC, filed a complaint in the U.S. District Court for the DSC against the Town of Timmonsville, S.C., for wastewater and drinking water violations. The complaint requests that the Court order Timmonsville to address the imminent, substantial and potential risks to human health posed by discharges of raw sewage or partially-treated wastewater into the environment, as well as take steps necessary to bring the wastewater and drinking water systems into compliance with federal and state laws. Keeping raw sewage out of the waters of the United States is one of the EPA?s top priorities. Raw sewage includes a variety of harmful pollutants, including disease causing organisms, metals and nutrients that threaten human health and degrade water quality. For years, Timmonsville has been in violation of the Clean Water Act (CWA), the South Carolina Pollution Control Act and the South Carolina Safe Drinking Water Act. Timmonsville has also failed to fully comply with numerous federal and state orders to correct deficiencies and, since 2012, the town has experienced increasing difficulty operating, maintaining and, in some instances, undertaking needed repairs to its wastewater and drinking water systems. Since 2005, the EPA has issued two administrative orders directing Timmonsville to address threats to public health and the environment arising from failure to properly operate and maintain its wastewater system. The complaint documents how Timmonsville?s wastewater treatment plant has been discharging partially-treated wastewater nearly continuously since September 2012, and that the town?s sewer system has had several significant overflows of untreated, raw sewage from broken or blocked sewer lines. The complaint also documents deficiencies DHEC identified with the drinking water system, including failure to maintain adequate levels of residual chlorine in the system, failure to maintain adequate fire hydrant flow pressures and failure to properly operate and maintain water filters at the main water treatment plant. Since 2007, DHEC has issued three consent orders directing Timmonsville to address threats to public health arising from failure to properly operate and maintain its drinking water system. EPA and DHEC have been meeting with Timmonsville to discuss how to address the ongoing environmental and public health threats posed by noncompliance. Timmonsville has announced plans to pursue transfer of ownership and operation of both its wastewater and drinking water systems to the City of Florence, S.C., and is putting this issue to a referendum vote in a special election on June 25, 2013. On multiple occasions since May 2012, Florence has provided assistance to Timmonsville with respect to the operation and maintenance of the sewer system. Timmonsville also currently purchases a significant portion of the town?s drinking water from Florence. 9/9/13 - AMENDED COMPLAINT FILED. CITY OF FLORENCE ADDED AS PERMISSIVELY-JOINED PARTY PURSUANT TO FED.R.CIV.P. 20(a)(2)(A).

Defendants (2)

• TIMMONSVILLE, SC, TOWN OFNamed in complaintNamed in settlement
• FLORENCE, SC, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• FLORENCE CITY OF TIMMONSVILLE WWTP

  650 BUIE DR, TIMMONSVILLE, SC, 291611555

  Registry ID: 110064634506

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• TIMMONSVILLE, SC, TOWN OF & CITY OF FLORENCE, SC (04-2014-C003)entered 2013-11-26

  Primary law: CWA

Timeline (8 milestones)

• 2008-09-15Referred To Dept Of Justice
• 2008-09-15Enforcement Action Data Entered
• 2012-05-23Supplemental Referral-Adding parties, counts
• 2013-06-05Complaint Filed With Court
• 2013-09-09Final Order Lodged
• 2013-09-09Amended Complaint
• 2013-11-26Final Order Entered
• 2013-11-26Concluded