EPA v. SULFCO, LLC

Case summary

5/21/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $44,100 TO BE PAID WITHIN THIRTY (30) CALENDAR DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: COMMENCING ON OR ABOUT FEBRUARY 2020, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS WITHIN THE DISCHARGE AREA USING EARTH MOVING MACHINERY INCLUDING, BUT NOT LIMITED TO, EXCAVATORS AND BULLDOZERS, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF THE SEAPOINT MARINE INDUSTRIAL COMPLEX. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. THE EPA CONDUCTED AN INSPECTION OF THE SITE ON APRIL 23, 2024, TO EVALUATE THE RESPONDENT'S DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE TO ASSESS COMPLIANCE WITH THE CWA, AND THE REGULATIONS PROMULGATED THEREUNDER AT 40 C.F.R. PART 230 (2014). THE EPA DOCUMENTED UNAUTHORIZED DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES ASSOCIATED WITH THE CONSTRUCTION OF THE INDUSTRIAL COMPLEX IN ITS INSPECTION REPORT FOR THE APRIL 23, 2024. ON AUGUST 8, 2024, THE RESPONDENT PROVIDED THE EPA A RESTORATION PLAN TO REMOVE THE FILL PLACED INTO THE WETLANDS AT THE SITE. THE AGREEMENT TO IMPLEMENT THIS RESTORATION PLAN WAS MEMORIALIZED IN AN ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT, DOCKET NO. CWA-04-2024- 1221, BETWEEN THE RESPONDENT AND EPA REGION 4. RESPONDENT SIGNED THE AOC ON NOVEMBER 19, 2024. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM FEBRUARY 2020 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. ? 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. ? 1344, IS A VIOLATION OF SECTION 301{A) OF THE CWA, 33 U.S.C. ? 1311(A).

Defendants (1)

• SULFCO, LLCNamed in complaintNamed in settlement

Facilities (1)

• SEAPOINT

  KEMIRA ROAD, SAVANNAH, GA, 31401

  Registry ID: 110071705770

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SULFCO, LLCentered 2025-05-21

  Primary law: CWA

  Federal penalty: $44,100

Timeline (4 milestones)

• 2025-05-21Complaint Filed/Proposed Order
• 2025-05-21Final Order Issued
• 2025-05-22Enforcement Action Closed
• 2025-07-09Enforcement Action Data Entered