CAPTION:
Milliken & Company's Magnolia Plant vs. DHEC |
AGENCY:
South Carolina Department of Health and Environmental Control |
PARTIES:
Petitioner:
Milliken & Company's Magnolia Plant
Respondent:
South Carolina Department of Health and Environmental Control |
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DOCKET NUMBER:
03-ALJ-07-0013-CC |
APPEARANCES:
Attorney for the Petitioner:
James W. Potter, Esquire
Nexsen Pruet Jacobs & Pollard, LLC
1441 Main Street, Suite 1500
Columbia, South Carolina 29201
Attorney for Respondent:
Samuel L. Finklea, Esquire
Office of General Counsel
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201 |
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ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division (“Division”)
pursuant to Milliken & Company’s Magnolia Plant’s Request for a Contested Case Hearing to
challenge the issuance of a NPDES permit SC0003182 and permit conditions imposed by the
Department of Health and Environmental Control. The Division has been informed that the
parties have resolved all issues in connection with this matter without the admission of any
issues of fact or law.
THEREFORE IT IS ORDERED:
(1)That this appeal be dismissed with prejudice;
(2)That the Department shall issue an amended Permit with the limitations listed below:
BOD5 Limits (#/d)
Tier I Limits
|
Tier II Limits
|
Tier III Limits
|
Tier IV Limits
|
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Avg.
|
|
792
|
1600
|
870
|
1781
|
1037
|
2100
|
1064
|
2170
|
TSS Limits (#/d)
Tier I Limits
|
Tier II Limits
|
Tier III Limits
|
Tier IV Limits
|
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Avg.
|
|
2070
|
4180
|
2202
|
4500
|
2680
|
5419
|
2717
|
5531
|
COD Limits (#/d)
Tier I Limits
|
Tier II Limits
|
Tier III Limits
|
Tier IV Limits
|
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Avg.
|
|
12700
|
25400
|
12914
|
26034
|
15947
|
32021
|
16066
|
32337
|
Chromium Limits (#/d)
Tier I Limits
|
Tier II Limits
|
Tier III Limits
|
Tier IV Limits
|
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Max
|
Mthly
Avg.
|
Daily Avg.
|
|
11.6
|
23.6
|
12.6
|
26.0
|
14.7
|
30.0
|
15.3
|
31.5
|
AND IT IS SO ORDERED.
_________________________________
Carolyn C. Matthews
Administrative Law Judge
Columbia, South Carolina
April 30, 2003. |
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