EPA v. LANCASTER, SC, CITY OF

Case summary

9/30/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $70,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON ITS REVIEW OF INFORMATION OBTAINED UNDER BOTH THE EPA PERMIT AN THE DHEC PERMIT, THE EPA HAS FOUND THAT RESPONDENT HAS EXPERIENCED NUMBEROUS SANITARY SEWER OVERFLOWS (SSO) AS DEFINED IN ATTACHMENT A TO THIS CONSENT AGREEMENT AND FINAL ORDER. RESPONDENT'S SSOs are OUTLINED IN ATTACHMENT B TO THIS CONSENT AGREEMENT AND FINAL ORDER. RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA, 33 US.S. SECTION 1311(a), IN THAT SOME OF RESPONDENT'S SSOs INCLUDE DISCHARGES OF UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT. RESPONDENT HAS VIOLATED PART II, SECTION B.1 OF THE EPA PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS WCTS RESULTING IN SSOs THAT INCLUDE DISCHARGES OF UNTREATED WATEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT AND OVERFLOWS OF RAW SEWAGE THAT DID NOT REACH NAVIGABLE WATERS INCLUDING BUILDING BACKUPS CAUSED BY FLOW CONDITIONS IN RESPONDENT'S WCTS. RESPONDENT HAS VIOLATED PART II.E. OF THE DHEC PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ITS WCTS RESULTING IN SSOs THAT INCLUDE DISCHARGES OF UNTREATED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS AT POINT SOURCE LOCATIONS NOT AUTHORIZED BY AN NPDES PERMIT AND OVERFLOWS OF RAW SEWAGE THAT DID NOT REACH NAVIGABLE WATERS INCLUDING BUILDING BACKUPS CAUSED BY FLOW CONDITIONS IN RESPONDENT'S WCTS.

Defendants (1)

• LANCASTER, SC, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• LANCASTER CATAWBA RIVER

  1150 LOCKWOOD LN, LANCASTER, SC, 297206217

  Registry ID: 110006623305

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LANCASTER, SC, CITY OFentered 2013-09-30

  Primary law: CWA

  Federal penalty: $70,800

Timeline (5 milestones)

• 2013-09-30Enforcement Action Data Entered
• 2013-09-30Final Order Issued
• 2013-09-30Complaint Filed/Proposed Order
• 2013-10-28NPDES Closed
• 2013-10-28Enforcement Action Closed