3/23/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ORDER STATES:
EPA DETERMINED THAT FROM JANUARY 2015 TO JANUARY 202 STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES GENERALLY TRAVELED IN A SOUTH WESTERLY DIRECTION DISCHARGING INTO THE CITY OF NORTH CHARLESTON'S MUNICIPAL SEPARATE STORM SEWER SYSTEM DITCH SYSTEM ALONG LACROSS ROAD AND UNLTIMATELY TO FIBIN CREEK.
FIDBIN CREEK IS A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES A DEFINED BY SECTION 402(7) OF THE CWA, 33 U.S.C. SECTION 1362(7) AND ITS IMPLEMENTING REGULATION 40 C.F.R. SECTION 122.2.
THEREFORE, THE RESPONDENT DISCHARGED STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES. IN VIOLATION OF SECTION 301 AND 402 OF THE CWA.