EPA v. VAN SMITH BLOCK COMPANY, LLC

Case summary

20210218 - EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $20,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: On March 27, 2019, the EPA issued an Information Request pursuant to Section 308 of the Clean Water Act, 33 U.S.C ? 1318, to the Van Smith Company, Inc. from which information was also provided for the Respondent. 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) months during the period of May 2015 to April 2020 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 May 2015 to April 2020, stormwater associated with industrial activities generally traveled to the retention pond and the drainage ditch along the east side of the site. This drainage ditch directs runoff to the drainage ditch along Highway 78 which flows southeast and in approximately 0.6 miles discharges to Chandler Bridge Creek. Chandler Bridge Creek travels approximately 6.5 miles to where it connects with the Ashley River south of the Facility. Ashely River is listed as an impaired water for dissolved oxygen. Respondent has violated Section 301 of the CWA, 33 U.S.C. Section 1311, by discharging stormwater from the Facility without proper authorization to waters of the United States.

Defendants (1)

• VAN SMITH BLOCK COMPANY, LLCNamed in complaintNamed 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 2021-02-18

  Primary law: CWA

  Federal penalty: $20,000

Timeline (3 milestones)

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