EPA v. JOCO CONSTRUCTION, LLC - LIBERTY/PALMETTO POINT S/D

Case summary

7/26/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA, 33 U.S.C. SECTIONS 1311 AND 1342(p), BY FAILING TO COMPLY WITH THE SCDHEC PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE SCDHEC PERMIT. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART 3.6.C OF THE PERMIT, THE SEDIMENTATION BASIN SHALL BE CLEANED TO PERFORM AT MAXIMUM CAPACITY. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. B. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS 3.6.A., 3.13.A AND 4.4 OF THE PERMIT, MAINTAIN THE ENTIRE DEVELOPMENT TO PREVENT SEDIMENT FROM LEAVING THE DEVELOPMENT, INCLUDING BUT NO LIMITED TO PROPERLY INSTALL AND MAINTAIN SILT FENCING AT THE DEVELOPMENT. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. C. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART 3.10 OF THE PERMIT, DEVELOP AN INSPECTION PROGRAM, IF ONE DOES NOT ALREADY EXIST, AND RETAIN INSPECTION REPORTS AS PART OF THE SWPPP ON-SITE. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET, INCLUDING BUT NOT LIMITED TO SUBMITTAL OF INSPECTION REPORTS FROM THE START OF CONSTRUCTION OF THE DEVELOPMENT TO PRESENT, IF AN INSPECTION PROGRAM DOES EXIST. D. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART 3.10.h OF THE PERMIT, SUBMIT MONTHLY REPORTS TO SCDHEC. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. E. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART 3.12.A OF THE PERMIT, ESTABLISH A PLACE ON-SITE TO HOUSE THE SWPPP AND NOTICE OF COVERAGE. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET.

Defendants (2)

• JOCO CONSTRUCTION (SB)Named in settlement
• LIBERTY/PALMETTO POINT S/DNamed in settlement

Facilities (1)

• PALMETTO POINT SUBDIVISION

  SC HWY 802 & BAYNARD ROAD, PORT ROYAL, SC, 29906

  Registry ID: 110043473979

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JOCO CONSTRUCTION, LLC - LIBERTY/PALMETTO POINT S/Dentered 2011-07-26

  Primary law: CWA

Timeline (3 milestones)

• 2011-07-26Final Order Issued
• 2011-08-18Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed