EPA v. PALMETTO PAVING, INC.

Case summary

9/26/2012 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DEREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE ARE ON OR ABOUT DECEMBER 2005, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY THE RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: WITHIN 30 DAYS AFTER FINAL EXECUTION OF THIS AOC, RESPONDENT SHALL BEGIN RESTORATION OF THE DISCHARGE AREA PER THE RESTORATION PLAN. RESPONDENT SHALL PLUG INTERIOR DITCHES AND THEN PLANT THE DESIGNATED WETLAND AREA ( RESTORATION AREA ) IN WETLAND TREE SPECIES AT A DENSITY OF 200 STEMS PER ACRE. B. WITHIN 90 DAYS AFTER COMPLETION OF THE PLANTING, RESPONDENT SHALL SUBMIT A RESTORATION REPORT TO EPA DETAILING HOW THE RESTORATION WAS COMPLETED. C. RESPONDENT SHALL INSPECT THE RESTORATION AREA ANNUALLY FOR FIVE YEARS AFTER COMPLETION OF ON-SITE RESTORATION TO DETERMINE THE SUCCESS OF THE RESTORATION, AND TO ENSURE THE SURVIVAL AT LEAST 200 STEMS PER ACRE WITHIN THE RESTORATION AREA (INCLUDING PLANTED SPECIES AND VOLUNTEER SPECIES WITH FACULTATIVE WETLANT OR OBLIGATED WETLAND SPECIES DESIGNATIONS). RESPONDENT SHALL SUBMIT AN ANNUAL INSPECTION REPORT TO EPA BY DECEMBER 30TH OF EACH YEAR OF MONITORING FOR APPROVAL THAT INCLUDES, BUT IS NOT LIMITED TO: i: THE DATE OF THE ANNUAL INSPECTION; ii. COLOR PHOTOS FROM THE INSPECTION LOCATIONS; iii. A COUNT OF THE NUMBER OF SURVIVING WETLAND VEGETATIVE SPECIES PER ACRE (INCLUDING VOLUNTEER SPECIES); AND, iv. THE NUMBER OF WETLAND VEGETATIVE SPECIES REPLANTED (IF REQUIRED) TO REACH THE SUCCESS CRITERION OF A SURVIVAL RATE OF AT LEAST 200 STEMS PER ACRE WITH FACULTATIVE WETLAND OR OBLIGATE WETLAND SPECIES DESIGNATIONS.

Defendants (1)

• PALMETTO PAVING, INC. (SB)Named in settlement

Facilities (1)

• WETLANDS - PALMETTO PAVING, INC.

  HIGHWAY 701 AND HIGHWAY 22, NORTH OF CONWAY, CONWAY, SC, 29526

  Registry ID: 110040055034

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PALMETTO PAVING, INC.entered 2012-09-26

  Primary law: CWA

Timeline (2 milestones)

• 2012-09-26Final Order Issued
• 2012-09-28Enforcement Action Data Entered