EPA v. EDGEFIELD COUNTY WATER AND SEWER AUTHORITY

Case summary

7/29/09 - ADMINISTRATIVE ORDER ISSUED. AT ALL TIMES RELEVANT TO THIS ACTION, RESPONDENT OWNED AND/OR OPERATED A POTW, THE JOHNSTON #1 PLANT. EPA REGION 4 ISSUED TO THE RESPONDENT, NPDES PERMIT NO. SC0025691, EFFECTIVE MAY 1, 2006, AUTHORIZING A DISCHARGE FROM THE JOHNSTON #1 PLANT TO THE SOUTH FORK EDISTO RIVER IN COMPLIANCE WITH THE TERMS, CONDITIONS, AND REQUIREMENTS OF THE PERMIT, WITH AN EXPIRATION DATE OF MAY 31, 2009. RESPONDENT SUBMITTED AN NPDES PERMIT APPLICATION FOR RENEWAL ON DEC 5, 2008, TO SC DEPT OF HEALTH AND ENVIRONMENT CONTROL. 40 CFR 122.21(d) REQUIRE SUBMITTAL OF AN NPDES PERMIT APPLICATION AT LEAST 180 DAYS BEFORE THE PREVIOUS PERMIT EXPIRATION DATE. RESPONDENT FAILED TO MEET THIS PROVISION. BECAUSE THE RESPONDENT FAILED TO REAPPLY TIMELY, THE PROVISIONS OUTLINED IN 40 CFR 122.6 -- CONTINUATION OF EXPIRING PERMITS ARE NOT APPLICABLE. RESPONDENT IS NOT IN COMPLIANCE WITH SECTION 402 OF THE CWA, IN THAT THE RESPONDENT HAS VIOLATED 40 CFR 122.21(d) BY NOT SUBMITTING AN APPLICATION AT LEAST 180 DAYS BEFORE THE PREVIOUS PERMIT EXPIRATION DATE.

Defendants (1)

• EDGEFIELD COUNTY WATER & SEWER AUTHORITYNamed in settlement

Facilities (1)

• ECW&SA JOHNSTON #1 WWTP

  1 SERTOMA DRIVE, JOHNSTON, SC, 29832

  Registry ID: 110017197451

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EDGEFIELD COUNTY WATER AND SEWER AUTHORITYentered 2009-07-29

  Primary law: CWA

Timeline (3 milestones)

• 2009-07-29Final Order Issued
• 2009-07-30Enforcement Action Data Entered
• 2010-06-15Enforcement Action Closed