EPA v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION - US 17A ROADWAY WIDENING

Case summary

9/15/11 - 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 OF STORMWATER. DURING THE CSWEI, THE FOLLOWING WAS OBSERVED: A. SEDIMENT WAS OBSERVED WITHIN WATERS OF THE U.S. AT OUTFALL DITCHES #5 AND #9. BMPs WERE NOT SELECTED, INSTALLED AND MAINTAINED TO PREVENT SEDIMENT-LADEN STORMWATER FROM DISCHARGING OFFSITE, ALLOWING SEDIMENT TO ACCUMULATE IN THE WATERBODIES. PARTS 3.13.E AND 4.4 OF THE PERMIT REQUIRE BMPs BE SELECTED, IMPLEMENTED AND MAINTAINED TO ACHIEVE MAXIMUM POLLUTANT REMOVAL. ACCUMULATED SEDIMENT WAS ALSO NOT REMOVED AS REQUIRED BY PART 3.13.B OF THE PERMIT. THE SITE DEVIATED FROM THE APPROVED SWPPP BY NOT INSTALLING ALL PERMITTED BMPs INCLUDING SEDIMENT TRAPS AND CHECK DAMS NEAR THE ROAD CROSSINGS. THE SWPPP AND MAP WERE NOT UPDATED TO SHOW WHICH BMPs WERE NOT INSTALLED AS REQUIRED BY THE PERMIT. BMPs, SUCH AS CHECK DAMS, TO PROTECT OUTFALL CHANNELS FROM EROSIVE FLOW WERE NOT INSTALLED AS REQUIRED BY THE PERMIT. PORTIONS OF THE DEVELOPMENT WHERE CONSTRUCTION ACTIVITIES HAD TEMPORARILY OR PERMANENTLY CEASED WERE NOT STABILIZED WITHIN 14 DAYS. BMPs, INCLUDING SILT FENCING, THROUGHOUT THE DEVELOPMENT WERE NOT PROPERLY INSTALLED AND MAINTAINED AS REQUIRED. FOR EXAMPLE, SEDIMENT WAS NOT REMOVED AS IT ACCUMULATED ALONG SILT FENCING AND RILLS ALONG SLOPES WERE NOT REPAIRED. INSPECTION REPORTS REVIEWED DURING CSWEI FOCUSED ON SILT FENCING AND DID NOT INCLUDE OBSERVATION AND INFORMATION ON OTHER BMPs THROUGHOUT THE DEVELOPMENT AS REQUIRED. ORDER REQUIRES: IMMEDIATELY, MAINTAIN BMPs OR PROVIDE ADDITIONAL BMPs TO MINIMIZE FURTHER SEDIMENTAITON IN THE WATERBODIES. IF ADDITIONAL BMPs ARE INSTALLED, AMEND SWPPP. REMOVE ACCUMULATED SEDIMENT AS OFTEN AS NECESSARY TO MINIMIZE OFF-SITE IMPACTS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING DATA PHOTOS OF THE WATERBODIES AT OUTFALL DITCHES #5 AND #9, THAT IS REQUIREMENT HAS BEEN MET. IMMEDIATELY, AMENT THE SWPPP TO INCLUDE ALL DESIGN CHANGES MADE TO THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT A COPY OF THE UPDATED SWPPP AS DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, STABILIZE PORTIONS OF THE DEVELOPMENT WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED WITHIN 14 DAYS. WIHTIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS OF THE UNSTABILIZE AREAS DESCRIBED IN EPA'S CSWEI REPORT, SHOWING THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, INSTALL VELOCITY DISSIPATION BMPs AT DISCHARGE LOCATIONS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING DATED PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, REPAIR AND MAINTAIN BMPs THROUGHOUT THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING DATED PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, UPDATE THE SELF-INSPECTION PROGRAM TO ENSURE INSPECTIONS ARE THOROUGH AND COVER ALL BMPs INSTALLED ONSITE. PROVIDE COPIES OF INSPECTION REPORTS FOR THE 3 MONTHS FOLLOWING ISSUANCE OF THIS ORDER AS PROOF THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (3)

• BERKELEY COUNTY, SOUTH CAROLINANamed in settlement
• SOUTH CAROLINA DEPARTMENT OF TRANSPORTATIONNamed in settlement
• US17A ROADWAY WIDENINGNamed in settlement

Facilities (1)

• US 17A ROAD WIDENING

  2 MILES NORTH OF US-17A & US-176 INTERSECTION, SUMMERVILLE, SC, 29445

  Registry ID: 110043452849

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION - US 17A ROADWAY WIDENINGentered 2011-09-15

  Primary law: CWA

Timeline (3 milestones)

• 2011-09-15Final Order Issued
• 2011-09-20Enforcement Action Data Entered
• 2012-07-24Enforcement Action Closed