| ORDERS:
 
 CONSENT ORDER
 WHEREAS, Respondent Richland County Broad River Heights Sanitary Sewer  Extension (“Richland County”) is responsible for the construction of the Broad River Heights  Sanitary Sewer Extension (Site) located
    in the Broad River Heights Community, in Richland  County, South Carolina; WHEREAS, the parties have agreed to settle the claims and disputes
    between them at issue in Page 1 of6 this suit, without the admission of liability, and solely for the
    purpose of settling and  compromising disputed claims and avoiding continued litigation. FINDINGS OF FACT 1.         Richland County owns and is responsible for the construction of the Broad River Heights
    Sanitary Sewer Extension (Site) located in the Broad River Heights Community,
    in Richland County, South Carolina. 2.         On April
    22, 2002, SCDHEC issued Construction Permit 27,609-WW to the Respondent,
    authorizing the construction of a sanitary sewer line consisting of
    approximately eight thousand (8000) feet of eight (8) inch gravity sewer line,
    forty (40) manholes and ninety (90) service connections at the Site. 3.         On
    September 20, 2004, Mr. Russell Wilson, the SCHDEC Central Midlands EQC -Sediment and
    Erosion Control Inspector visited the site in response to a citizen complaint.
    During his inspection the following was noted: a)    Discoloration of the pond. b)    A small amount of land disturbance
    activity had taken place along the dam. c)    A newer silt fence and other
    sediment and erosion control measures installed in this area. d)    Evidence of some older silt fence
    along an open area alongside the pond.  In a follow-up memorandum
    dated November 30, 2004 from Mr. Wilson to Mr. Mathew Krofchick, it was later
    learned that the project was begun before June 1, 2003 and was less than 2
    acres in size. On June 1, 2003, the regulation for land disturbance activity
    was changed. Prior to this date the, land disturbance activities of less than 2
    acres did not require permitting. 4.             On
    October 24, 2004, in response to a citizen’s complaint, SCDHEC staff inspected
    the Site, noting the following violations:             
    a)   A permit for the land-disturbing activity had not been obtained. b)   A Stormwater Pollution Prevention
    Plan had not been implemented at the Site and minimal measures were in place to
    prevent migration of sediment from the Site. c)   Sediment had migrated from the Site
    into an un-named tributary to the Broad River. 5.          In a
    letter dated January 5, 2005, SCDHEC staff notified Richland County of the violations noted during the October 24, 2004 inspection. Richland County was requested to respond in writing within fifteen (15) days of receipt of the
    letter, stating the actions taken to address the alleged violations. 6.          In a
    letter dated January 25, 2005, Mr. Andy Metts, agent for Richland
    County, indicated that the Richland County Public Works Department — Engineering
    Division had determined that the land-disturbing activity permit was not
    required because the project disturbed less than five (5) acres. Additionally,
    regulation did not require National Pollutant Discharge Elimination System
    (“NPDES”) Permit coverage for a Site involving less than five (5) acres
    prior to March 10, 2003. 7.          In a
    letter dated February 1, 2005, SCDHEC staff notified Mr. Metts that based upon
    a SCDHEC review, the Site was exempt from NPDES Permit coverage, but not from
    state permitting requirements as outlined in 26 S.C. Code Ann. Regs.
    72-305.B.1. The letter also stated that no further action was warranted. 8.          On May
    31, 2005, SCDHEC staff inspected the Site noting the following: a)   The Site had not been permanently
    stabilized. b)   Erosion was continuing, resulting in
    the migration of sediment from the Site to a pond on the property that the
    sewer line was constructed. c)   The size of the disturbed area
    exceeded that reported to SCDHEC. 9.          In a
    letter dated January 27, 2006, SCDHEC staff notified Mr. Metts of the results
    of the May31, 2005 inspection. The letter also notified Mr. Metts that the Site
    was not exempt from NPDES permit coverage since the plans provided to SCDHEC
    indicated a construction easement of fifty (50) feet for the sewer line,
    which should have been used to determine the disturbed area for the sewer line
    project. 10.        On
    February 17, 2006, a letter was sent from Mr. Metts to Mr. Krofchick in
    response to the January 27, 2006 letter. This letter included the design
    engineer’s comments on the use of the 50-foot construction easement. It also
    included the engineer’s calculation of maximum disturbed area of 4.22 acres if
    the entire construction and permanent easement was cleared. It also stated that
    it was practically impossible to use the entire constriction easement because
    of existing structures and other obstacles. Further it referred to Mr. Creel’s
    memorandum dated October 13, 2003 and the previously calculated disturbed area
    of 1.55 acres. 11.        During a
    Site visit on April 18, 2006, SCDHEC staff noted that the previously disturbed
    areas of the Site were stabilized with sparse natural vegetation. 12.        On April
    20, 2006, SCDHEC staff conducted an enforcement conference with agents for Richland County to discuss the above-cited violations. The issuance of a consent order
    containing a civil penalty was discussed. CONCLUSIONS OF LAW Based upon the above
    Findings of Fact, SCDHEC reaches the following Conclusions of Law: 1.     Richland County violated the Standards for Stormwater Management and Sediment Reduction.
    26 S.C. Code Ann. Regs. 72-305 (B)(4) and (5)(b) and 26 S.C. Code Ann. Regs.
    72-3 05 (C) (Supp. 2006), in that it failed to submit a storm water management
    and sediment control plan or an application for a waiver, prior to initiating
    land disturbing activities. 2.          The Standards
    for Stormwater Management and Sediment Reduction 26 S.C. Code Ann. Regs.
    72-3 15.A (Supp. 2006), provides for a civil penalty not to exceed one thousand
    dollars ($1,000.00) per day of violation for any person violating any provision
    of this chapter or any ordinance or regulation promulgated, enacted, adopted,
    or issued pursuant to this Chapter by the Commission or other implementing
    agency. NOW, THEREFORE, the
    parties consent and agree to the following: 1.          Richland County shall, henceforth, comply with all permitting and operating requirements in
    accordance with State and Federal regulations; Richland County shall within thirty (30) days of the execution date of this Consent Order pay to SCDHEC
    a civil penalty in the amount of two thousand dollars ($2,000.00). Payment
    shall be made by check or money order made payable to the South Carolina
    Department of Health and Environmental Control and shall be sent to the
    attention of counsel for SCDHEC at the following address: Stephen P. Hightower, Esq. Staff Attorney Office of General Counsel South Carolina Department of Health and
    Environmental Control 2600 Bull Street Columbia, South Carolina 29201 2.        That this contested case proceeding shall be dismissed with prejudice. IT IS FURTHER ORDERED, CONSENTED TO,
    AND AGREED that the Administrative Law Court shall retain jurisdiction over
    this matter to the extent necessary to ensure compliance and, that in the event
    that Richland County fails to pay the agreed to civil penalty as set forth
    above, the parties agree that SCDHEC may seek, in addition to enforcement of
    the terms of this Consent Order, an additional civil penalty pursuant to the Pollution
    Control Act, S.C. Code Ann. § 48-1-330 (1987). AND IT IS SO ORDERED: _____________________                                                                            July 16, 2007 Ralph King Anderson, III                                                                                     Date Administrative Law Judge CONSENTED TO BY: ______________________                                                                          July 13, 2007 Stephen P. Hightower, Esq.                                                                                  Date Attorney for Petitioner South Department of Health And Environmental Control Larry C. Smith by Ameila R. Linder, Esq.                                       
                July 13, 2007      Attorney for
    Respondent                                                                                      
    Date Richland County, Broad River Heights Sanitary Sewer Extension |