EPA v. WALTON CONSTRUCTION - A CORE COMPANY, LLC / THIRD RECRUIT TRAINING BATTALION COMPLEX - MCRD (FF)

Case summary

6/26/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $7,500 DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 30, 2011, EPA AND THE SC DEPT OF HEALTH AND ENVIRONMENTAL CONTROL-OCEAN AND COASTAL RESOURCE MGMT (SCDHEC-OCRM) PERFORMED A COMPLIANCE STORMWWATER EVALUATION INSPECTION (CSWEI). DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. BMPs WERE NOT PROPERLY INSTALLED OR WERE IN NEED OF MAINTENANCE AS REQUIRED BY THE PERMIT. A MAN-MADE TRENCH WAS CUT AT THE TRACK PORTION OF THE SITE TO ALLOW STORMWATER TO DRAIN OUT OF THE CONSTRUCTION AREA. THE TRENCH WAS NOT PROPERLY MAINTAINED AND PROTECTED, AND CONCENTRATED STORMWATER FLOWS EXTENDED THE TRENCH TO THE ENDGE OF THE SILT FENCING. RUNOFF FROM THE TRENCH DAMAGED THE SILT FENCING, DISCHARGING SEDIMENT-LADEN STORMWATER DIRECTLY INTO BALLAST CREEK, WHICH FLOW INTO THE ATLANTIC OCEAN. SILT FENCING WAS ALSO IMPROPERLY MAINNTAINED ON THE BARRACKS PORTION OF THE SITE, MOST NOTABLY WHERE THE SEDIMENT-LADEN STORMWATAER WAS BEING PUMPED FROM THE UNDERGROUND STORAGE SYSTEM TO THE EDGE OF THE SITE. B. SEDIMENT-LADEN STORMWATER DISCHARGED DIRECTLY FROM THE MAN-MADE TRENCH AND DAMAGED SILT FENCING INTO BALLAST CREEK AND THEN INTO THE ATLANTIC OCEAN FROM THE TRACK PORTION OF THE SITE. A DISCOLORED SEDIMENT PLUME WAS VISIBLE AT THE DISCHARGE POINT. SEDIMENT THAT ACCUMULATED OFF-SITE NEEDED TO BE REMOVED AND PROPERLY DISPOSED OF AS REQUIRED BY THE PERMIT. THEREFORE, RESPONDENT VIOLATION CWA 301 AND 402(p). ON AUG 22, 2011, EPA ISSUED AN ADMIN ORDER (CWA-04-2011-4774) REQUIRING COMPLIANCE WITH THE PERMIT. RESPONDENT HAS UNDERTAKEN CORRECTIVE ACTIONS THAT ADDRESSED THE CONDITIONS NOTED ABOVE. ORDER REQUIRES: PAYMENT OF PENALTY.

Defendants (2)

• WALTON CONSTRUCTION - A CORE COMPANY, LLCNamed in complaintNamed in settlement
• THIRD RECRUIT TRAINING BATTALION COMPLEX - MCRDNamed in complaintNamed in settlement

Facilities (1)

• USMC-PARRIS ISLAND P-363 THIRD

  SE CORNER - INTSEC. ALASKA ST. & SHANGHAI ST., PARRIS ISLAND, SC, 29905

  Registry ID: 110043452830

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WALTON CONSTRUCTION - A CORE COMPANY, LLC / THIRD RECRUIT TRAINING BATTALION COMPLEX - MCRD (FF)entered 2012-06-26

  Primary law: CWA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2012-06-26Complaint Filed/Proposed Order
• 2012-06-26Final Order Issued
• 2012-07-05Enforcement Action Data Entered
• 2012-07-18Enforcement Action Closed