EPA v. PALMETTO PAVING, INC.

Case summary

9/14/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT DECEMBER 2008 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND TRIBUTARIES ON THE SITE USING MECHANIZED EARTH-MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE ESTABLISHMENT OF A CONCRETE AND ASPHALT RECYCLING CENTER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR ABOUT DECEMBER 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES. B. WITHIN FORTY-EIGHT (48) HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE LISTED WHETHER OF NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, THE RESPONDENT(S) IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE. C. WITHIN THIRTY (30) DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A) STABILIZATION OF THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES, B) REMOVAL OF UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE UNITED STATES, C) RESTORATION OF IMPACTED WATERS OF THE UNITED STATES AT THE DISCHARGE AREA AND D) A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW ANTHE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN THIRTY DAYS OF RECEIVING EPA COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS (THIRTY) DAYS OF EPA'S APPROVAL OF THE PLAN.

Defendants (1)

• PALMETTO PAVING, INC.Named in settlement

Facilities (1)

• WETLANDS - PALMETTO PAVING, INC.

  HIGHWAY 701 AND HIGHWAY 22, NORTH OF CONWAY, CONWAY, SC, 29526

  Registry ID: 110040055034

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PALMETTO PAVING, INC.entered 2009-09-14

  Primary law: CWA

Timeline (2 milestones)

• 2009-09-14Final Order Issued
• 2009-09-14Enforcement Action Data Entered