EPA v. VAN SMITH COMPANY, INC.

Case summary

8/18/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT WAS ISSUED. ORDER STATES: ON NOVEMBER 7, 2018, REPRESENTATIVES OF THE EPA, IN CONJUNCTION WITH SCDHEC, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S PLANT 4 FACILITY AT 1110 DROP OFF DR. TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311; THE REGULATIONS PROMULGATED THEREUNDER AT 40 C.F.R. SECTION 122. 26; AND THE PERMIT. ON MARCH 27, 2019, THE EPA ISSUED AN INFORMATION REQUEST PURSUANT TO SECTION 308 OF THE CLEAN WATER ACT, 33 U.S.C SECTION 1318, TO THE RESPONDENT. IN RESPONSE TO EPA'S INFORMATION REQUEST, THE RESPONDENT ACKNOWLEDGED THAT AT THE TIME OF EPA'S CSWEI, THE RESPONDENT DID NOT HAVE PERMIT COVERAGE FOR PLANT 4. IN ACCORDANCE WITH SECTION 402(P) OF THE CWA, 33 U.S.C. SECTION 1342(P), AND ITS IMPLEMENTING REGULATIONS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF PLANT 4 AND HISTORIC RAINFALL DATA, THE EPA HAS DETERMINED THAT FROM DECEMBER 2013 TO JANUARY 2019, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES GENERALLY TRAVELED TOWARDS THE CONVEYANCE ALONG THE NORTH SIDE OF THE FACILITY WHICH DIRECTS RUNOFF WEST TOWARDS STORMWATER CONVEYANCES DISCHARGING TO STANLEY BRANCH AND KELLY BRANCH. THE KELLY AND STANLEY BRANCH CONNECT WITH THE ASHLEY RIVER SOUTHWEST OF THE FACILITY. THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, BY DISCHARGING STORMWATER FROM PLANT 4 WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES.

Defendants (1)

• VAN SMITH COMPANY, INC.Named in settlement

Facilities (1)

• VAN SMITH COMPANY, INC.

  1110 DROP OFF DRIVE, SUMMERFIELD, SC, 29483

  Registry ID: 110070392365

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• VAN SMITH COMPANY, INC.entered 2020-08-18

  Primary law: CWA

Timeline (4 milestones)

• 2020-08-18Final Order Issued
• 2020-09-02Enforcement Action Data Entered
• 2021-12-02Enforcement Action Closed
• 2021-12-02NPDES Closed