EPA v. GSR JEDBURG, LLC / STRATHMORE PD

Case summary

9/15/2011 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 29, 2011, EPA AND SCDHEC PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OR STORMWATER. DURING THE CSWEI, THE FOLLOWING WAS OBSERVED: A. SILT FENCING WAS IMPROPERLY INSTALLED AND MAINTAINED THROUGHOUT THE DEVELOPMENT. THE PERMIT REQUIRES BMPs BE PROPERLY SELECTED, IMPLEMENTED AND MAINTAINED TO MINIMIZE POLLUTANTS IN DISCHARGES. THE PERMIT REQUIRES MODIFICATION OF EXISTING BMPs OR ADD'L BMPs AS NECESSARY TO COMPLY WITH THE PERMIT OR WITH WATER QUALITY STANDARDS. SEDIMENT-LADEN STORMWATER UNDERCUT PORTIONS OF THE SILT FENCING, ALLOWING SEDIMENT TO DISCHARGE OFFSITE. THERE WERE ALSO HOLES IN SOME OF THE SILT FENCING ALLOWING ADD'L SEDIMENT TO DISCHARGE OFFSITE. B. THE SEDIMENT TRAPS AND SEDIMENTATION POND SLOPES NEED TO BE MAINTAINED AND STABILIZED. THE PERMIT REQUIRES BMPsBE PROPERLY SELECTED, IMPLEMENTED AND MAINTAINED TO MINIMIZE POLLUTANTS IN DISCHARGES. THE PERMIT REQUIRES THE MODIFICATION OF EXISTING BMPs OR ADD'L BMPs AS NECESSARY TO COMPLY WITH THE PERMIT OR WITH WATER QUALITY STANDARDS. C. A DITCH WAS CUT ALONG THE NEWLY-PAVED ROADWAY TO ALLOW STORMWATER TO FLOW DIRECTLY INTO THE SEDIMENT BASIN OUTFALL AND THEN OFFSITE. HOWEVER, STORMWATER FLOW IN THE DITCH BYPASSES BMPs DESIGNED TO TRAP SEDIMENT BEFORE FLOWING INTO A CULVERT AND OFFSITE INTO DAWSON BRANCH. THE PERMIT REQUIRES BMPs BE SELECTED, IMPLEMENTED, AND MAINTAINED TO ACHIEVE A MAXIMUM POLLUTANT REMOVAL. D. THERE WAS NO STABILIZATION THROUGHOUT THE DEVELOPMENT. PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED NEED TO TO BE STABILIZED WITHIN 14 DAYS. E. SEDIMENT-LADEN STORMWATER WAS DISCHARGING DURING THE CSWEI FROM THE DEVELOPMENT THROUGH A CULVERT UNDER I-26 INTO A DITCH AND THEN INTO DAWSON BRANCH. EVIDENCE OF SEDIMENT ACCUMULATION WAS PRESENT IN BOTH THE DITCH AND DAWSON BRANCH. THE PERMIT REQUIRES BMPs BE SELECTED, IMPLEMENTED AND MAINTAINED TO ACHIEVE MAXIMUM POLLUTANT REMOVAL FROM STORMWATER DISCHARGES. THE PERMIT REQUIRES SEDIMENT THAT HAS ACCUMULATED OFFSITE BE REMOVED AS OFTEN AS NECESSARY TO PREVENT IMPACTS. ORDER REQUIRES: A. IMMEDIATELY, PROPERLY MAINTAIN SILT FENCING THORUGHOUT THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET, ALONG WITH PHOTOS OF THE SUBJECT AREA. B. IMMEDIATELY, PROPERLY MAINTAIN AND STABILIZE SEDIMENT TRAPS AND THE SLOPES OF THE SEDIMENTATION POND. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENTS HAS BEEN MET, ALONG WITH PHOTOS OF THE SUBJECT AREA. C. IMMEDIATELY, CEASE THE DISCHARGE FROM THE DITCH AND REROUTE FLOW TO THE SEDIMENTATION POND TO ALLOW SEDIMENT TO SETTLE OUT BEFORE BEING DISCHARGED OFFSITE. IMPLEMENT SEDIMENT AND EROSION CONTROL MEASURES TO ACHIEVE MAXIMUM POLLUTANT REMOVAL OR AS NECESSARY TO ACHIEVE WATER QUALITY STANDARDS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET, ALONG WITH PHOTOS OF THE SUBJECT AREA. D. IMMEDIATELY, IMPLEMENT STABILIZATION MEASURES THROUGHOUT THE ENTIRE SITE WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET, ALONG WITH PHOTOS OF THE SUBJECT AREA. E. IMMEDIATELY, INSTALL AND MAINTAIN BMPs TO PREVENT SEDIMENT-LADEN STORMWATER FROM LEAVING THE DEVELOPMENT. REMOVE SEDIMENT THAT HAS ACCUMULATED OFFSITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET, ALONG WITH PHOTOS OF THE SUBJECT AREA, INCLUDING PHOTOS OF THE DITCH AND ITS CONFLUENCE WITH DAWSON BRANCH. F. IF THE AFOREMENTIONED REQUIREMENTS OF THE ORDER RESULT IN INSTALLING ADD'L BMPs OR OTHER CHANGES TO THE EROSION CONTROL DESIGN, AMEND THE SWPPP TO INCLUDE ALL MODIFICATIONS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING A COPY OF THE UPDATED SWPPP, THAT IS REQUIREMENT HAS BEEN MET.

Defendants (2)

• GSR JEDBURG, LLCNamed in settlement
• STRATHMORE PDNamed in settlement

Facilities (1)

• STRATHMORE PD

  JEDBURG ROAD APPROX 600' NE OF I-26, SUMMERVILLE, SC, 29483

  Registry ID: 110043473960

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• GSR JEDBURG, LLC / STRATHMORE PDentered 2011-09-15

  Primary law: CWA

Timeline (3 milestones)

• 2011-09-15Final Order Issued
• 2011-09-20Enforcement Action Data Entered
• 2012-07-25Enforcement Action Closed