EPA v. SANDERS BROTHERS CONSTRUCTION COMPANY, INC.

Case summary

20210115 - INDUSTRIAL STORMWATER EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A TOTAL PENALTY OF $10,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: On April 3, 2019, the EPA issued an Information Request pursuant to Section 308 of the CWA, 33 U.S.C ? 1318, to the Respondent. In reviewing the Section 308 Information Request, further conference calls, and additional submittals from the Respondent, the EPA has determined the following: The Facility had outdoor industrial activity including but not limiting to portable crushing machine, loading and unloading area, concrete rubble pile, asphalt rubble pile, truck tire wash operation, and outdoor dumpster with potential exposure and contribution to stormwater contamination. The facility had stormwater runoff which discharges offsite into the City of North Charleston stormwater drainage ditch system. The ditch system drains into Filbin Creek which connects directly to the Copper River which is a water of the United States. The Respondent?s industrial activity at the Facility, which included wasteconcrete and asphalt recycling, is classified under SIC Code 3295.Facilities operating under SIC Code 3295, industrial Sector E, are requiredto obtain a general NPDES permit coverage for their stormwater discharges. The Respondent did not submit an NOI for permit coverage until June 2, 2020, following the violations alleged in this action. The EPA?s industrial stormwater guidance anticipates potential discharges from an industrial site to occur with rain events greater than 0.1 inch. In the EPA?s industrial penalty policy, 0.5inches during a 24-hour period is used as the benchmark for likely stormwater runoff. According to the rain data available from local Charleston weather station, fifty-three (53)months during the period of July 2015 to June 2020 have had one or more daily rain events greater than 0.5 inches. Due to the hydrology and drainage pattern of the Facility, whichconsists mostly of flat impervious surfaces, the EPA has determined that from July 2015 toJune 2020, stormwater associated with industrial activities discharged offsite into the City of North Charleston stormwater drainage ditch system. This ditch drains stormwater toward a northern direction to Filbin Creek. Filbin Creek drains eastward directly into Copper River. The Copper River is situated approximately 20,000 feet from the Facility. Respondent has violated Sections 301 of the CWA, 33 U.S.C. ?? 1311, by discharging stormwater from the Facility without proper authorization to a water of the United States.

Defendants (1)

• SANDERS BROTHERS CONSTRUCTION COMPANY, INCNamed in complaintNamed in settlement

Facilities (1)

• SANDERS BROTHERS CONSTRUCTION COMPANY INCORPORATED

  4970 LACROSS ROAD, NORTH CHARLESTON, SC, 29406

  Registry ID: 110002313951

Statutes cited

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

Enforcement conclusions (1)

• SANDERS BROTHERS CONSTRUCTION COMPANY, INC.entered 2021-01-15

  Primary law: CWA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2021-01-15Complaint Filed/Proposed Order
• 2021-01-15Final Order Issued
• 2021-01-19Enforcement Action Data Entered