EPA v. LIVINGSTON, WILLIAM S. III

Case summary

THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 19.7 ACRES OF WETLANDS THAT ARE ADJACENT TO A RIBUTARY TO HORSE SAVANNAH CREEK WHICH FLOWS TO THE WACCAMAW RIVER. THE UNAUTHORIZED DISCHARGES WERE LOCATED ON A 336 ACRE TRACT OF LAND SOUTH OF SC HWY 90 IN HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING IN PREPARATION FOR FORESTRY ACTIVITIES, AND EXCAVATION OF DITCHES WITH SIDE CAST OF DREDGED MATERIAL THAT EXCEEDED MINOR DRAINAGE FOR EXEMPT SILVICULTURE ACTIVITIES UNDER SECTION 404 OF THE CWA. EPA, AFTER LEARNING FROM THE CORPS THAT WETLANDS ON THE LIVINGSTON PROPERTY WERE DRAINED BY SILVICULTURE DITCHES, ISSUED MR. LIVINGSTON A WETLAND RESTORATION ORDER, CWA-04-2010-5776. COMMENCING ON OR ABOUT AUG 2000 TO THE PRESENT, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING A TRACKHOE AND A BULLDOZER DURING UNAUTHORIZED ACTIVITES ASSOCIATED WITH SILVICULTURAL ACTIVITIES. IN SEPT 2002, EPA INFORMED RESPONDENT THAT THESE ACTIVITIES WOULD NOT BE EXEMPT UNDER CWA 404 IF HIS ACTIONS REMOVED WETLAND HYDROLOGY ON THE SITE. AFTER DISCUSSIONS WITH RESPONDENT AND HIS REPS, EPA AUTHORIZED RESPONDENT TO CONSTRUCT CHECK DAMS IN SEVERAL DITCHES ON THE SITE TO ATTEMPT TO RESTORE AND MAINTAIN WETLAND HYDROLOGY. RESPONDENT INSTALLED CHECK DAMS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 19.7 ACRES OF WETLANDS THAT ARE ADJACENT TO THE UNNAMED TRIBUTARY TO HORSE SAVANNAH CREEK, WHICH IS TRIBUTARY TO THE WACCAMAW RIVER. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: RESPONDENT SHALL PERFORM THE FOLLOWING ACTIONS: A. RESPONDENT SHALL RESTORE 19.7 ACRES OF DRAINED WETLANDS IN ACCORDANCE WITH MAY 6, 2013, WETLAND RESTORATION PLAN. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. RESTORATION MUST BE COMPLETED WITHIN 120 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. RESPONDENT SHALL MONITOR AND ENSURE THAT THE RESTORED WETLANDS ATTAIN THE 2005 CORPS' HYDROLOGY TECHNICAL STANDARD FOR WETLAND HYDROLOGY: 14 CONSECUTIVE DAYS OF FLOODING, PONDING, OR FREE WATER AND/OR SATURATED SOIL CONDITIONS WITHIN 12 INCHES OF THE SURFACE. D. RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR 2 YEARS AFTER COMPLETION OF WETLAND RESTORATION TO DETERMINE SUCCESS OF THE RESTORATION PLAN. RESPONDENT SHALL SUMMIT AN ANNUAL REPORT DOCUMENTING RESULTS OF THE ANNUAL INSPECTION BY DEC 15TH OF EACH ANNUAL MONITORING PERIOD. ANNUAL REPORTS TO EPA SHALL INCLUDE: 1. DATE OF INSPECTION; 2. COLOR PHOTOGRAPHS FROM THE SAME LOCATION; 3. NARRATIVE OF THE RESTORED WETLAND CONDITIONS; 4. WETLAND HYDROLOGY REPORT. E. DURING THE MONITORING PERIOD, IF THE RESTORED WETLANDS IN THE DISCHARGE AREA FAIL THE THREE PARAMETER TEST IN THE 1987 CORPS OF ENGINEERS' WETLAND DELINEATION MANUAL AND COASTAL PLAIN SUPPLEMENT, THE RESPONDENT SHALL SUBMIT A NEW PLAN TO EPA TO RESTORE THE WETLANDS WITHIN 30 DAYS OF THE END OF THE MONITORING PERIOD.

Defendants (1)

• LIVINGSTON, WILLIAM S., IIINamed in settlement

Facilities (1)

• WILLIAM LIVINGSTON PROPERTY

  OLD SOUTH CAROLINA HIGHWAY 90, NIXONVILLE, SC, 29526

  Registry ID: 110046308642

Statutes cited

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

Enforcement conclusions (1)

• LIVINGSTON, WILLIAM S. IIIentered 2013-09-27

  Primary law: CWA

Timeline (2 milestones)

• 2013-09-27Final Order Issued
• 2013-09-30Enforcement Action Data Entered