The city of Darlington is under a consent order from the S. C. Department of Health and Environmental Control (DHEC) concerning its Black Creek wastewater treatment facility and could face a fine of up to $11,900 if corrective action isn’t taken.
The matter was on the agenda for discussion during Darlington City Council’s monthly meeting Monday night.
DHEC determined that the city violated the Pollution Control Act and Water Pollution Control Permits in that it failed to properly operate and maintain systems necessary to achieve compliance with conditions of the permit.
Further, the respondent (city) violated the Pollution Control Act by allowing discharge of untreated sewage into the environment, including waters of the state, in a manner other than in compliance with a permit issued by DHEC.
The Pollution Control Act provides for a civil penalty not to exceed $10,000 per day of violation for any person violating the act or any rule, regulation, permit, permit condition, final determination or order of the department.
Among others, the city is ordered to submit to DHEC within 30 days of the July 21 order a summary report of corrective actions taken to address deficiencies that resulted in a May 7 sanitary sewer overflow (SSO) of approximately 270,000 gallons from the main lift station. Approximately 35,000 gallons of untreated sewage was allowed to discharge into Swift Creek through a discharge outlet valve that was left open at the old Swift Creek Waster Water Treatment Facility. The SSO was caused by excessive rain.
Further, the city must also maintain documentation of all overflows from the waste water collection system (WWCS) and, within 24 hours after detection, orally report to DHEC all wastewater spills which may pose a threat to human health and/or the environment; all wastewater spills which enter surface waters of the state; and/or all wastewater spills which exceed 500,000 gallons.
“It is further ordered and agreed that the department has assessed a civil penalty in the amount of $11,900, of which the department suspends $5,950, provided the respondent complies with the requirement of this order and completes the construction upgrades necessary to eliminate the SSOs at the main lift station,” the order stipulated.
“The department suspends this portion of the penalty, provided, however, that this suspension shall be vacated and the full amount of $11,900 shall be due and payable upon notification by the department should the respondent fail to meet the requirements of this order.”
Darlington Public Works director Freddie Kinsaul told city council that an extra-heavy rainfall caused problems on May 7. He said he and others are supposed to meet with DHEC officials Thursday to discuss the consent order. He said DHEC went back 10 years detailing problems with the wastewater system. He said he would keep council updated.
Meanwhile, city Manager Rodney Langley said the city would probably try to negotiate with DHEC concerning the order.
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