ORDERS:
CONSENT ORDER
Rural Sanitation, Inc. ("RSI"), Horry County Solid Waste Authority, Inc. ("SWA"), and South Carolina
Department of Health and Environmental Control ("DHEC") appeared before this Court Tuesday, February
13, 2001 and agreed to enter into a settlement of this matter, which involves RSI's appeal of DHEC's
issuance of the Stormwater Management Permit No. 26-00-05-06 and SCR 100000 (the Subject Permit) to
the SWA.
The SWA has agreed to modify its Stormwater Management and Sediment Control Plan (the Original Plan)
that was previously submitted to and approved by DHEC by removing from the Original Plan all
improvements to the subject property that relate to the proposed Grand Strand Central Transfer Station (the
Transfer Station). See Modified Plan, dated February 9, 2001 (attached and incorporated hereto as Exhibit
1). The Modified Plan includes stormwater design solely for that portion of the Site dedicated to composting
and recovered materials processing with the exception that a retention pond will be located on the other side
of the Transfer Station from the composting and recovered material processing area and that perimeter
ditches will be constructed on either side of that area to be designated for the proposed Transfer Station
leading to the retention pond. Except as specifically set forth herein, the Site designated for the Transfer
Station will not be subject to any further construction, site preparation, or land disturbing activity of any
nature whatsoever until such time as DHEC issues a final permit to the SWA for a transfer station as required
by the Solid Waste Policy and Management Act. In addition to removing the specifications for the transfer
station from the Original Plan, the Modified Plan will replace the permanent gatehouse and scales with a
temporary set of scales to be used solely for the composting and recovered materials processing.
Because it was not RSI's intent to impede the ability of the SWA to complete its plans for the composting
and recovered material processing to be conducted at this site, RSI has accepted the SWA's offer to modify
the scope of the stormwater system to be implemented at this site as set forth above. The SWA will submit
this Modified Plan to DHEC, and DHEC has indicated that it will review it for the potential approval and
issuance of a new Stormwater Permit. With this understanding established between the parties, RSI hereby
voluntarily withdraws its appeal regarding the issuance of this Permit.
ORDER
Based upon the foregoing, it is hereby ORDERED that:
(1) The SWA shall submit a Modified Plan to DHEC with those changes as represented in Exhibit 1 and
as set forth herein;
(2) DHEC shall withdraw the Subject Permit and consider the SWA's Modified Plan for issuing a new
Permit for a Stormwater System for the composting and recovered materials processing area of the site;
and
(3) RSI shall withdraw the present appeal of the Subject Permit.
AND IT IS SO ORDERED.
The Honorable C. Dukes Scott
Administrative Law Judge
September 13, 2001
Columbia, South Carolina
WE CONSENT:
Smith Bundy Bybee & Barnett Nelson Mullins Riley & Scarborough, L.L.P.
By: ___________________________ By: ________________________________
Ellison D. Smith, IV Karen Aldridge Crawford
49 Broad Street Rory T. Carlisle
Charleston, SC 29402 J. Drayton Hastie, III
(843) 577-6302 Keenan Building, Third Floor
Counsel for The Solid Waste Authority 1330 Lady Street
Columbia, SC 29201
(803) 799-2000
Counsel for Rural Sanitation, Inc.
Department of Health & Environmental Control
By:
Alex Shissias
Office of General Counsel
S.C. DHEC
2600 Bull Street
Columbia, SC 29201
(803) 898-3363
Counsel for the Department of Health &
Environmental Control |