EPA v. GSR JEDBURG, LLC / STRATHMORE PD

Case summary

6/26/2012 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $19,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 29, 2011, EPA AND SC DEPT OF HEALTH AND ENVIRONMENTAL CONTROL-OCEAN AND COASTAL RESOURCE MGMT (SCDHEC-OCRM) PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. SILT FENCING WAS IMPROPERLY INSTALLED AND MAINTAINED THROUGHOUT THE DEVELOPMENT. THE PERMIT REQUIRES BMPs BE PROPERLY SELECTED, IMPLEMENTED, AND MAINTAINED TO MINIMMIZE 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. 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 BMPs BE 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, IMPLEMENT, AND MAINTAINED TO ACHIEVE 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 BE STABILIZED WITHIN 14 DAYS AS REQUIRED BY THE PERMIT. E. SEDIMENT-LADEN STORMWATER WAS DICHARGING DURING THE CSWEI FROM THE DEVELOPMENT THROUGH A CULVER 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: PAYMENT OF PENALTY.

Defendants (2)

• GSR JEDBURG, LLCNamed in complaintNamed in settlement
• STRATHMORE PDNamed in complaintNamed 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 2012-06-26

  Primary law: CWA

  Federal penalty: $19,000

Timeline (4 milestones)

• 2012-06-26Final Order Issued
• 2012-06-26Complaint Filed/Proposed Order
• 2012-07-05Enforcement Action Data Entered
• 2012-07-25Enforcement Action Closed