ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a Motion for Contempt filed by the South Carolina
Department of Health and Environmental Control (Department) in which the Department is
seeking payment of a fine in the amount of $5,100.00 levied against the Respondent in a Final
Order and Decision issued by the Administrative Law Judge Division (Division) on August 28,
2000.
BACKGROUND
On March 14, 2000, the Department issued Administrative Order No. 00-052-W in which
the Department set forth that it was seeking a fine in the amount of $28,300.00 against the
Respondent for violations of the South Carolina Pollution Control Act. The Respondent appealed
that Administrative Order to the Division and a hearing on the merits was held before me on July
18, 2000. Thereafter, on August 28, 2000, the Division issued its Final Order and Decision in
which the Respondent was ordered to pay a fine in the amount of $5,100.00 for its violations of
the Pollution Control Act. The Respondent did not appeal that Final Order and Decision.
Following the issuance of that Final Order and Decision, the Department contacted the
Respondent via certified mail on October 17, 2000 and May 23, 2001, to demand that he render
payment to the Department. Though the Respondent received the Division’s Final Order and the
Department’s letters, he did not comply with those requests. Nevertheless, the Respondent did
subsequently meet with the Department’s counsel and the Department’s Water Pollution
Enforcement Officer to discuss the payment of this fine. At or around the time of that meeting,
the Respondent made a payment in the amount of $500.00 to the Department. The Department
also agreed to the Respondent making monthly installment payments of $500.00 because of the
Respondent’s asserted health problems and financial condition. However, the Respondent failed
to make any additional payments and therefore owed $4,600.00.
A hearing was originally held into this matter on June 5, 2003. After considering the
evidence, I found that the Respondent had actual notice of the Order to pay the fine in this matter
and that he willfully disobeyed the Division’s Final Order and Decision by knowingly failing to
pay the fine to the Department. Therefore, I found the Respondent in contempt and Ordered that
the Respondent pay the amount of $4,600.00 to the Department or reach resolution to this matter
with the Department to the Division’s satisfaction by July 8, 2003. I further Ordered that a
hearing shall resume before me on the record on July 8, 2003. At the hearing the Respondent
tendered a certified check in the amount of $4,600.00.
Therefore, based on the foregoing,
IT IS ORDERED that this case is dismissed.
AND IT IS SO ORDERED.
________________________________
Ralph King Anderson, III
Administrative Law Judge
July 8, 2003
Columbia, South Carolina |