EPA v. NORMANDY CORPORATION

Case summary

8/19/2011 - ADMINISTRATIVE CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE PROPERTY BY NORMANDY CORP., LOCATED EAST OF HWY 9 AND SOUTH OF HIGHWAY 57, NEAR THE TOWN OF STEPHENS CROSSROADS, HORRY COUNTY, SC. THE IMPACTS OCCURRED IN AN UNNAMED PERENNIAL TRIBUTARY AND ITS ABUTTING FRESHWATER FORESTED WETLANDS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING DRAINAGE DITCH CONSTRUCTION THAT HAS AFFETED THE HYDROLOGY OF APPROX 40 ACRES OF JURISDICTIONAL WETLANDS. ON MAY 8, 2009 EPA ISSUED A CWA 309(a) ORDER TO CEASE ADDITIONAL DISCHARGES OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. AND ORDERED A SITE RESTORATION PLAN BE SUMITTED THAT WOULD STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRAACTICES; REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL THAT HAD BEEN DEPOSITED INTO WATERS OF THE U.S.; AND RESTORE IMPACTED WATERS OF THE U.S. AT THE DISHARGE AREA. IT WAS SUBSEQUENTLY DISCOVERED THAT THE ORDER HAD BEEN ISSUED TO A PARTY OTHER THAN THE RESPONDENT. IT WAS AGREED THAT THE ORDER SHOULD HAVE BEEN ISSUED TO RESPONDENT AND THAT RESPONDENT WOULD VOLUNTARILY PROVIDE TO EPA CERTAIN REQUESTED INFO RELATING TO RESPONDENT'S PROPERTY. THAT INFO WAS PROVIDED AND THE PARTIES ENTERED INTO DISCUSSIONS FOR RESOLUTION. RESPONDENT AT ALL TIMES RELEVANT WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 11, 2007 TO PRESENT, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. THROUGHOUT THE SITE. THESE DRAINAGE DITCHES WERE CONSTRUCTED AT A FREQUENCY AND DEPTH SUFFICIENT TO EFFECTIVELY DRAIN AND REMOVE HYDROLOGY FROM THE SITE. THESE ACTIVITIES WERE NOT PART OF A NORMAL ONGOING SILVICULTURE OPERATION; THEREFORE, THEY ARE NOT EXEMPT UNDER CWA 404. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 40 ACRES OF FRESHWATER FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY. THE UNNAMED TRIBUTARY IS A PERENNIAL TRIBUTARY OF THE WACCAMAW RIVER, A NAVIGABLE WATER OF THE U.S. ORDER REQUIRES: RESPONDENT WILL PROVIDE COMPENSATORY MITIGATION FOR THE UNAUTHORIZED IMPACTS TO 40 ACRES OF WETLANDS ON THE SITE. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE ENHANCEMENT WITHIN 20 DAYS. ENHANCEMENT ACTIVITIES MUST BE COMPLETED BY DEC 31, 2011. WITHIN 20 DAYS OF COMPLETION, RESPONDENT SHALL SUBMIT WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE MITIGATION SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA. WITHIN 30 DAYS OF EACH OF THE SEMI-ANNUAL AND ANNUAL INSPECTIONS, RESPONDENT MUST SUBMIT A REPORT TO EPA.

Defendants (1)

• NORMANDY CORPORATION (SB)Named in settlement

Facilities (1)

• WETLANDS

  HIGHWAY 57, STEPHENS CROSSROADS, SC, 29566

  Registry ID: 110039149891

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NORMANDY CORPORATIONentered 2011-08-19

  Primary law: CWA

Timeline (2 milestones)

• 2011-06-22Enforcement Action Data Entered
• 2011-08-19Final Order Issued