Consent Order

What a Consent Order Means for Your Property

When you receive a consent order, it means regulators have identified stormwater violations on your property but are giving you an opportunity to fix them without facing immediate penalties or litigation. Think of it as a structured settlement that outlines exactly what needs to be done, when it needs to be completed, and what happens if you don’t comply.

The order typically includes specific deadlines, required actions (like pond maintenance, drainage repairs, or erosion control measures), and reporting requirements. You’ll need to provide regular updates on your progress and may face inspections to verify compliance.

Why Property Managers Should Take This Seriously

A consent order isn’t just paperwork you can file away. It’s a binding legal agreement with real consequences. Missing deadlines or failing to complete required work can result in hefty fines, daily penalties, or even legal action.

More importantly, the violations that triggered the consent order won’t fix themselves. If your stormwater management system is failing, you’re likely dealing with ongoing problems like flooding, erosion, or water quality issues that affect your property’s value and usability.

In South Carolina, the Department of Health and Environmental Control (DHEC) issues consent orders under the Pollution Control Act. Georgia’s Environmental Protection Division follows similar procedures under the Georgia Water Quality Control Act. These agencies have significant enforcement power and aren’t shy about using it.

Common Problems That Lead to Consent Orders

Most consent orders we see involve detention ponds that haven’t been properly maintained. Sediment buildup reduces storage capacity, clogged outlets cause flooding, and overgrown vegetation creates mosquito breeding grounds. These problems don’t happen overnight, but once regulators notice them, you’re on their radar.

Other common issues include damaged storm drains, failed erosion control measures, and missing or outdated stormwater permits. Construction sites are particularly vulnerable, especially when contractors don’t properly maintain sediment barriers or stabilize disturbed areas.

Getting Back into Compliance

The key to successfully resolving a consent order is moving quickly and documenting everything. Regulators want to see immediate action and regular progress updates. This isn’t the time to shop around for the lowest bid or try to handle complex repairs with your maintenance crew.

Start with a thorough assessment of all the issues mentioned in the order. Sometimes the visible problems are just symptoms of larger underlying issues. For example, that failing retention pond might need complete pond dredging and outlet repairs, not just basic maintenance.

When to Call Professional Help

Don’t try to work through a consent order alone. The technical requirements can be complex, and mistakes can be expensive. You need contractors who understand both the engineering requirements and the regulatory process.

Look for companies that own their equipment and can respond quickly. Consent orders have tight deadlines, and you can’t afford to wait for subcontractors or deal with scheduling conflicts between multiple vendors.