ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Petitioner, Town of Brunson (“Brunson”), owns and operates a wastewater treatment facility (“WWTF”) in Brunson, South Carolina;
WHEREAS, on November 9, 1998, the South Carolina Department of Health and Environmental Control (“DHEC”) issued National Pollutant Discharge Elimination System (NPDES) Permit No. SC0042382 to Petitioner for discharging treated effluent into the Coosawhatchie River (“Existing Permit”);
WHEREAS, the Existing Permit was set to expire on September 30, 2003;
WHEREAS, Petitioner submitted a timely application to renew the Existing Permit and, pursuant to 24 S.C. Code Ann. Reg. 61-9-122.6, the permit conditions in the Existing Permit continued to apply during review of the application and Respondent’s publication of intent to issue the draft renewal permit and any appeals;
WHEREAS, on August 21, 2003, Respondent issued renewal NPDES Permit No. SC0042382 (“Renewal Permit”) to Petitioner;
WHEREAS, on September 9, 2003, Petitioner filed a Petition for Administrative Review with the Clerk of the DHEC Board, under then-existing procedures, for transmittal to the Administrative Law Court requesting review of certain terms and conditions of the Renewal Permit;
WHEREAS, on February 24, 2004, at the parties’ request, I issued a Consent Order for Continuance due to a pending amendment to 25 S.C. Code Ann. Reg. 61-68 that could provide the Petitioner with certain relief from the permit limits under a variance;
WHEREAS, on August 25, 2004, I issued an Order Striking the Case from the Docket that required the parties to reinstate the case within one year or the case would be dismissed with prejudice;
WHEREAS, on August 18, 2005, the parties entered into a Consent Motion to Reinstate the Case, also agreeing to a six-month stay, which was granted by me on August 29, 2005;
WHEREAS, the parties have continued since that time to request that the hearing be continued pending review of Petitioner’s variance request (“Review”) under the now-effective regulation; and
WHEREAS, Petitioner and Respondent agree it in the best interest of both parties for the Renewal Permit to be rescinded to allow time for the Review to be completed; and
WHEREAS, pursuant to the foregoing, the parties agree that they freely and voluntarily entered into this agreement and that said Order constitutes a full and final resolution of this matter.
IT IS ORDERED, CONSENTED TO, AND AGREED:
1. The Renewal Permit shall be rescinded by DHEC, shall not become final and effective, and is deemed null and void;
2. After rescission of the Renewal Permit, Respondent shall continue the Review as part of the evaluation of a renewal permit and determine whether or not a variance could be granted to Petitioner. If approved, Respondent will reissue public notice on the draft renewal permit with the revised standards incorporated into the permit. If not approved, Respondent will reissue the draft renewal permit without revised standards. Petitioner shall have the ability to appeal the permit decision of this new renewal permit in accordance with S.C. Code Ann. §§ 1-23-10, et seq., and other applicable laws and regulations, to the same extent that Petitioner had to appeal the Renewal Permit as such issuance would constitute a new agency decision;
3. The Existing Permit issued November 9, 1998 shall remain in effect until such time as another renewal permit is issued and becomes effective or the Existing Permit is terminated at Petitioner’s request;
4. This Order constitutes a full and final resolution of this matter;
5. The Administrative Law Court shall retain continuing jurisdiction to enforce this Order; and,
6. This matter is dismissed with prejudice.
AND IT IS SO ORDERED.
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Ralph King Anderson, III Date
Administrative Law Court Judge |