EPA v. VAN SMITH COMPANY, INC.

Case summary

20210218 - EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $40,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: Section 402(p)(2)(B) of the CWA, 33 U.S.C. ? 1342(p)(2)(B), and its implementing regulations at 40 C.F.R. ? 122.26(b)(14)(vi), as referenced above, require that an industrial facility discharging stormwater into a surface water of the United States must obtain an NPDES permit. The EPA's industrial stormwater guidance anticipates potential discharges from an industrial site to occur with rain events greater than 0.1 inch. In EPA?s industrial penalty policy, 0.5 inches during a 24-hour period is used as the benchmark for likely stormwater runoff. According to the rain data available for this area, fifty-two (52) of the sixty (60) months during the period of February 2014 to January 2019 have had one or more daily rain events greater than 0.5 inches. Due to the hydrology of the Facility and rainfall data, the EPA has determined that from February 2014 to January 2019, stormwater associated with industrial activities generally traveled towards the conveyance along the north side and the wetland along the south side of the site. These conveyances direct runoff west towards Kelly Branch which is approximately 0.6 miles downstream and/or Stanley Branch which is approximately 0.3 miles south. The Kelly and Stanley Branch flow southwest to the Ashley River approximately 12 miles downstream. Ashely River is listed as an impaired water for dissolved oxygen. Respondent has violated Section 301 of the CWA, 33 U.S.C. ? 1311, by discharging stormwater from the Facility without proper authorization to waters of the United States.

Defendants (1)

• VAN SMITH COMPANY, INC.Named in complaintNamed 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 2021-02-18

  Primary law: CWA

  Federal penalty: $40,000

Timeline (3 milestones)

• 2021-02-18Complaint Filed/Proposed Order
• 2021-02-18Final Order Issued
• 2021-02-19Enforcement Action Data Entered