November 27
SCDOT Statement Regarding EPA Inspection

A statement from the South Carolina Department of Transportation regarding a consent agreement and final order in the civil matter brought against the Department by the U.S. Environmental Protection Agency (Docket No. CWA-04-2012-4505(b):

“The Department has executed a consent agreement to resolve alleged violations of the Clean Water Act on the Department’s US 17A widening project in Berkeley County. The scope of this project includes the widening of 8.9 miles of US 17A from 2 to 5 lanes in Berkeley County. 

On March 29, 2011, the US Environmental Protection Agency (EPA) performed a Compliance Storm-water Evaluation Inspection (CSEI) on the US 17A widening project. As a result of this inspection, EPA alleged that the Department’s contractor, US Group, failed to install and maintain erosion and sediment control devices in accordance with the project plans and specifications, which directly resulted in the discharge of sediment offsite. EPA and the Department negotiated a settlement to this matter which included a $21,000.00 penalty. 
Since US Group failed to comply with contractual requirements, and as stipulated in Section 810.4.2.14 of the Department’s Standard Specifications, the penalty was paid by the Department to the EPA, then the Department deducted the full $21,000.00 from the next scheduled progress payment to US Group for work performed on the project, resulting in the penalty ultimately being paid by US Group.

The Department strives to ensure that all projects are in full compliance with all state and federal environmental regulations and the Department’s commitment to the environment is underscored by its outstanding overall compliance record. The Department has completed more than 2,900 construction projects in the past 10 years with fewer than 10 federal or state consent decrees.”