EPA v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (SC DOT) US 17A ROADWAY WIDENING

Case summary

5/10/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $21,000, DUE WITHIN 30 DAYS. ON MARCH 29, 2011, EPA AND SCDHEC-OCRM PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 126.26 AND THE SCDHEC PERMIT. DURING THE CSWEI, THE EPA INSPECTORS PROVIDED A COPY OF AN NPDES INSPECTION OBSERVATION FORM TO THE U.S. GROUP INC., SC DOT'S CONTRACTOR REPRESENTATIVE. AS NOTED ON THE NPDES INSPECTION OBSERVATION FORM AND IN THE CSWEI REPORT, 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. B. THE SITE DEVIATED FROM THE APPROVED SWPPP BY NOT INSTALLED ALL PERMITTED BMPs, INCLUDING SEDIMENT TRAPS AND CHECK DAMS NEAR THE ROAD CROSSING. THE SWPPP AND MAP WERE NOT UPDATED TO SHOW WHICH BMPs WERE NOT INSTALLED AS REQUIRED BY PART 3.11.A OF THE PERMIT. C. BMPs, SUCH AS CHECK DAMS, TO PROTECT OUTFALL CHANNELS FROM EROSIVE FLOW WERE NOT INSTALLED AS REQUIRED BY THE APPROVED SWPPP AND PART 3.13.F OF THE PERMIT. D. PORTIONS OF THE DEVELOPMENT WHERE CONSTRUCTION ACTIVITIES HAD TEMPORARILY OR PERMANENTLY CEASED WERE NOT STABILIZED WITHIN 14 DAYS AS REQUIRED BY PART 3.13.D OF THE PERMIT. E. BMPs, INCLUDING, SILT FENCING, THROUGHOUT THE DEVELOPMENT WERE NOT PROPERLY INSTALLED AND MAINTAINED AS REQUIRED BY PARTS 3.6.A, 3.6.B, 3.13.A AND 4.4 OF THE PERMIT. FOR EXAMPLE, SEDIMENT WAS NOT REMOVED AS IT ACCUMULATED ALONG SILT FENCING AND RILLS ALONG SLOPES WERE NOT REPAIRED. F. INSPECTION REPORTS REVIEWED DURING CSWEI FOCUSED ON SILT FENCING AND DID NOT INCLUDE OBSERVATIONS AND INFORMATION ON OTHER BMPs THROUGHOUT THE DEVELOPMENT AS REQUIRED BY PARTS 3.10.E AND 3.10.G OF THE PERMIT. THEREFORE, THE SC DOT VIOLATED CWA 301 AND 402(p) BY FAILING TO COMPLY WITH THE SCDHEC PERMIT.

Defendants (1)

• SOUTH CAROLINA DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (1)

• US 17A ROAD WIDENING

  2 MILES NORTH OF US 17A/US 176, SUMMERVILLE, SC, 29445

  Registry ID: 110043452849

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (SC DOT) US 17A ROADWAY WIDENINGentered 2012-05-10

  Primary law: CWA

  Federal penalty: $21,000

Timeline (4 milestones)

• 2012-05-10Final Order Issued
• 2012-05-10Complaint Filed/Proposed Order
• 2012-05-17Enforcement Action Data Entered
• 2012-07-24Enforcement Action Closed