5/10/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $21,000, DUE WITHIN 30 DAYS.
ON MARCH 29, 2011, EPA AND SCDHEC-OCRM PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 126.26 AND THE SCDHEC PERMIT.
DURING THE CSWEI, THE EPA INSPECTORS PROVIDED A COPY OF AN NPDES INSPECTION OBSERVATION FORM TO THE U.S. GROUP INC., SC DOT'S CONTRACTOR REPRESENTATIVE. AS NOTED ON THE NPDES INSPECTION OBSERVATION FORM AND IN THE CSWEI REPORT, THE FOLLOWING WAS OBSERVED:
A. SEDIMENT WAS OBSERVED WITHIN WATERS OF THE U.S. AT OUTFALL DITCHES #5 AND #9. BMPs WERE NOT SELECTED, INSTALLED AND MAINTAINED TO PREVENT SEDIMENT-LADEN STORMWATER FROM DISCHARGING OFFSITE, ALLOWING SEDIMENT TO ACCUMULATE IN THE WATERBODIES. PARTS 3.13.E AND 4.4 OF THE PERMIT REQUIRE BMPs BE SELECTED, IMPLEMENTED AND MAINTAINED TO ACHIEVE MAXIMUM POLLUTANT REMOVAL. ACCUMULATED SEDIMENT WAS ALSO NOT REMOVED AS REQUIRED BY PART 3.13.B OF THE PERMIT.
B. THE SITE DEVIATED FROM THE APPROVED SWPPP BY NOT INSTALLED ALL PERMITTED BMPs, INCLUDING SEDIMENT TRAPS AND CHECK DAMS NEAR THE ROAD CROSSING. THE SWPPP AND MAP WERE NOT UPDATED TO SHOW WHICH BMPs WERE NOT INSTALLED AS REQUIRED BY PART 3.11.A OF THE PERMIT.
C. BMPs, SUCH AS CHECK DAMS, TO PROTECT OUTFALL CHANNELS FROM EROSIVE FLOW WERE NOT INSTALLED AS REQUIRED BY THE APPROVED SWPPP AND PART 3.13.F