EPA v. JOCO CONSTRUCTION, LLC / LIBERTY/PALMETTO POINT SUBDIVISION

Case summary

1/24/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 30, 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, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE SWPPP, COPY OF THE PERMIT, NOTICE OF INTENT AND NOTICE OF PERMIT COVERAGE LETTER WERE NOT RETAINED ON-SITE, NOR WAS A NOTICE OF THEIR LOCATION POSTED AT THE ENTRANCE OF THE CONSTRUCTION SITE. B. THE SILT FENCING THAT WAS PLACED ON-SITE WAS ALONG THE ROAD (SVANNAH HIGHWAY) ONLY. ADD'L AREAS ALONG THE SOUTHERN PORTION OF THE DEVELOPMENT WERE IN NEED OF SILT FENCING. EXISING SILT FENCING WAS NOT PROPERLY MAINTAINED. EPA ISSUED AO CWA-04-2011-4769 ON JULY 27, 2011 REQUIRING COMPLIANCE WITH THE PERMIT AND THE CWA, AND DOCUMENTATION SHOWING ITS CMOPLIANCE THEREWITH. ON AUG 15, 2011, RESPONDENT SUBMITTED COPIES OF WEEKLY INSPECTION REPORTS IN RESPONSE TO THE AO. BASED UPON EPA'S REVIEW OF THE INSPECTION REPORTS AND ITS OBSERVATIONS DURING THE MAR 30, 2011 CSWEI, EPA FOUND THAT RESPONDENT FAILED TO LIST ACCURATE AMOUNTS OF RAINFALL FOR EACH STORM EVENT IN INCHES, LOCATIONS OF BMPs REQUIRING MAINTENANCE, LOCATIONS OF BMPs FAILING TO OPERATE AS DESIGNED OR PROVEN INADEQUATE, LOCATIONS WHERE ADD'L BMPs WERE NEEDED, AND CORRECTIVE ACTION NEEDED AS REQUIRED BY PART 3.10.G OF THE PERMIT. THEREFORE, RESPONDENT VIOLATED CWA 301 AND 402(p) BY FAILING TO COMPLY WITH THE SCDHEC PERMIT.

Defendants (2)

• JOCO CONSTRUCTION LLCNamed in complaintNamed in settlement
• LIBERTY/PALMETTO POINT SUBDIVISIONNamed in complaintNamed 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 SUBDIVISIONentered 2012-01-24

  Primary law: CWA

  Federal penalty: $1,500

Timeline (4 milestones)

• 2012-01-24Final Order Issued
• 2012-01-24Complaint Filed/Proposed Order
• 2012-02-23Enforcement Action Data Entered
• 2014-05-28Enforcement Action Closed