ORDERS:
CONSENT ORDER AND STIPULATIONS AS TO ISSUES REMAINING TO BE ADJUDICATED
Since the Administrative Order that is the subject of this contested case was issued in 1996, the Town of Andrews has engaged in extensive negotiations for the hook-up of its system to a regional system. These negotiations have been fruitful, and in December 1998, a Preliminary Engineering Report was submitted to the Department for an expansion to the City of Georgetown's waste water treatment facility that would allow that facility to accept flow from the Town of Andrews. This will directly impact on the relief DHEC seeks in its Administrative Order.
To that end, the parties to this action agree that Paragraphs one (1) through seven (7) of the original Administrative Order be amended to the following five (5) paragraphs as follows:
1. Submit to the Department by September 30, 1999, plans and specifications for construction of a modification to the waste treatment facility to comply with the fecal coliform limitations or elimination of the discharge.
2. Begin construction on the modifications or elimination identified in Paragraph 1 on or before February 1, 2000.
3. Complete construction on the modifications or elimination project identified in Paragraph 1 on or before January 31, 2002.
4. Within thirty (30) days of the date of execution of this Order, begin quarterly sampling of the two (2) on-site monitoring wells for the following parameters: nitrate, ammonia, total organic carbon, total dissolved solids, field specific conductance, field pH, and water table elevation. Results shall be submitted to the Department for review and are due within thirty (30) days of each sampling event.
5. Within thirty (30) days of the effective date of this Order, begin annual sampling of the two (2) on-site monitoring wells for the following parameters: volatile organic compounds, total cadmium, total chromium, total arsenic, total lead, and total mercury. Results shall be submitted to the Department for review and are due within thirty (30) days of each sampling event.
Consequently, the only issue remaining to be adjudicated would be the original paragraph eight (8).
All Findings of Fact and Conclusions of Law will remain as stated. The Petitioner has addressed these issues in its Petition for Administrative Review. All denials and defenses raised by Petitioner in the Petition for Administrative Review remain in full force and effect.
IT IS FURTHER ORDERED AND AGREED that if any event occurs which causes or may cause a delay in meeting any of the above scheduled dates for completion of any specified activity, the Respondent shall notify the Department in writing at least one (1) week before the scheduled date, describing in detail the anticipated length of the delay, the precise cause or causes of delay, if ascertainable, the measures taken or to be taken to prevent or minimize the delay, and the timetable by which those measures will be implemented.
The Department shall provide written notice as soon as practicable that a specified extension of time has been granted or that no extension has been granted. An extension shall be granted for any scheduled activity delayed by an event of force majeure, which shall mean any event arising from causes beyond the control of the Respondent that causes a delay in or prevents the performance of any of the conditions under this Consent Order including, but not limited to: a) acts of God, fire war, insurrection, civil disturbance, explosion; b) adverse weather condition that could not be reasonably anticipated causing unusual delay in transportation and/or field work activities; c) restraint by court order or order of public authority; d) inability to obtain, after exercise of reasonable diligence and timely submittal of all applicable applications, any necessary authorizations, approvals, permits, or licenses due to action or inaction of any governmental agency or authority; and e) delays caused by compliance with applicable statutes or regulations governing contracting, procurement or acquisition procedures, despite the exercise of reasonable diligence by the Respondent. Any extension shall be incorporated by reference as an enforceable part of this Consent Order and thereafter referred to as an attachment to the Consent Order.
The parties shall conduct discovery and a contested case hearing will be set for hearing thereafter.
CONSENTED TO:
_____________________________ ____________________________
James W. Potter Thomas G. Eppink
Attorney for Petitioner Attorney for Respondent
IT IS SO ORDERED:
_______________________________
Ralph K. Anderson, III
Administrative Law Judge
April 19, 1999
Columbia, South Carolina |