EPA v. VAN SMITH BLOCK COMPANY, LLC

Case summary

5/28/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: 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 VAN SMITH COMPANY, INC. FROM WHICH INFORMATION WAS PROVIDED FOR THE RESPONDENT. IN RESPONSE TO EPA'S INFORMATION REQUEST, THE RESPONDENT ACKNOWLEDGED THAT THE BLOCK PLANT, IDENTIFIED BY SIC CODE 3271, HAD NOT APPLIED FOR PERMIT COVERAGE. ON NOVEMBER 5, 2019, RESPONDENT FILED A NOTICE OF INTENT TO BE SUBJECT TO THE PERMIT PURSUANT TO SCDHEC REGULATIONS. IN ACCORDANCE WITH SECTION 402(P) OR THE CWA, 33 U.S.C. SECTION 1342(P), AND ITS IMPLEMENTING REGULATIONS, BASED ON THE RESPONDENT'S RESPONSE TO THE INFORMATION REQUEST AND DUE TO THE HYDROLOGY OF THE BLOCK PLANT AND HISTORIC RAINFALL DATA, THE EPA HAS DETERMINED THAT SINCE ITS PURCHASE OF THE FACILITY IN DECEMBER 2003, STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES GENERALLY TRAVELED TO THE RETENTION POND AND THE DRAINAGE DITCH ALONG THE EAST SIDE OR THE SITE. THIS DRAINAGE DITCH DIRECTS RUNOFF TO THE DRAINAGE DITCH ALONG HIGHWAY 78 WHICH FLOWS SOUTHEAST AND DISCHARGES TO CHANDLER BRIDGE CREE K. CHANDLER BRIDGE CREEK EVENTUALLY CONNECTS WITH THE ASHLEY RIVER SOUTH OR THE FACILITY. ASHLEY RIVER IS A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES AS DEFINED BY SECTION 502(7) OF THE CWA, 33 U.S.C. SECTION 1362(7), AND ITS IMPLEMENTING REGULATION 40 C.F.R. SECTION 122.2. THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. ? 1 311, BY DISCHARGING STORMWATER FROM THE BLOCK PLANT WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES.

Defendants (1)

• VAN SMITH BLOCK COMPANY, LLCNamed in settlement

Facilities (1)

• VAN SMITH BLOCK COMPANY LLC

  10478 HWY 78, SUMMERVILLE, SC, 29484

  Registry ID: 110015780537

Statutes cited

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

Enforcement conclusions (1)

• VAN SMITH BLOCK COMPANY, LLCentered 2020-05-28

  Primary law: CWA

Timeline (3 milestones)

• 2020-05-28Final Order Issued
• 2020-09-09Enforcement Action Data Entered
• 2021-12-02Enforcement Action Closed