ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from the
South Carolina Department of Health and Environmental Control ("DHEC") directing the conduct
of a hearing due to the appeal by 3R, Inc. ("3R") of DHEC's Administrative Order 98-07-SW
regarding 3R's facility located on DeYoung Road in Spartanburg County (the "site"). Prior to a
hearing being held, the parties have reached an agreement which will effectively conclude this matter
without any findings of fact or adjudication of the issues. This order will dispose of the issues raised
in this matter.
The parties agree as follows:
1. Within thirty (30) days of the effective date of this fully executed
Order, submit to the Department for review and approval, a plan to
determine if contamination of the residual soil exists at the Site, and
if present, the extent of contamination, and a proposed method for
cleanup and remediation of the Site. Such plan shall include, but not
be limited to, testing of the soil for RCRA Appendix VIII Metals
(Total), TPH, Volatile Organic Chemicals (VOCs), Semi-VOCs, and
Total Organic Halogens. Furthermore, the plan shall include, but not
be limited to, a requirement that 3R record the date and time of
sampling for each sample and the location and depth from which each
sample was taken, and produce and maintain a completed chain of
custody form for each sample taken. Any deficiencies noted by the
Department in this plan shall be addressed to the satisfaction of the
Department within thirty (30) days of notification of such.
2. Within thirty (30) days of final approval of the plan by the
Department, begin implementation of the plan as approved and
thereafter take all reasonable actions necessary to ensure expeditious
completion of the plan.
3. Pay to the Department a civil penalty in the amount of $7,000.00.
This penalty shall be payable in four equal installments of $1,750.00
as follows: the first installment shall be paid within thirty (30) days
of execution of this Order; the second installment shall be paid within
one hundred twenty (120) days of execution of this Order; the third
installment shall be paid within two hundred ten (210) days of
execution of this Order; and the fourth installment shall be paid
within three hundred (300) days of execution of this Order. The
checks shall be made payable to SCDHEC and shall be submitted to
the Solid Waste Enforcement Section, Bureau of Land and Waste
Management.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this
contested case is dismissed.
IT IS SO ORDERED.
Marvin F. Kittrell
Chief Administrative Law Judge
Columbia, South Carolina
January 11, 1999
WE SO MOVE AND CONSENT:
W. Thomas Lavender, Jr.
John W. Davidson
NEXSEN PRUET JACOBS & POLLARD, LLP
Post Office Drawer 2426
Columbia, South Carolina 29202
(803) 771-8900, telephone
(803) 253-8277, telecopier
Attorneys for Respondent 3R, Inc.
Samuel L. Finklea, III
Jessica J.O. King
South Carolina Department of Health
& Environmental Control
Attorneys for Petitioner South Carolina
Department of Health and Environmental Control |