ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division on Respondent's request for a contested case hearing
challenging Administrative Order 01-234-DW issued by Petitioner South Carolina Department of Health and
Environmental Control ("Department"). Prior to the scheduled hearing, the parties reached a settlement of this matter,
agreeing voluntarily to dismiss the case as follows:
- Within 30 days of the date this Order is signed by the undersigned judge, respondent shall pay the Department a civil
penalty of $1,000.00;
- Within 60 days of the date this Order is signed by the undersigned judge, respondent shall complete construction of its
public water system (PWS) in accordance with the design specifications approved by the Department on March 20,
2002;
- Within 30 days of the date of completion of above-referenced construction, respondent shall contact the Department's
Trident District EQC Office at (843) 740-1590 to schedule a date and time to conduct a final inspection of the site for an
approval to place the PWS in operation;
- If the construction is not completed within the required 60 days and/or the Respondent does not contact the Department
for approval to operate the system within 30 days of completion of the PWS, Respondent shall pay the Department an
additional penalty of $3,600.00;
- Within 30 days of the date this Order is signed by the undersigned judge, Respondent shall submit to the Department a
business plan'
- If the business plan is not submitted within those 30 days, Respondent shall pay an additional penalty of $1,000.00.
- The undersigned judge reserves jurisdiction.
I SO AGREE:
____________________ ____________________
Susan M. Fittipaldi W. D. Morris
Counsel for Petitioner Counsel for Respondent
South Carolina Dept. of Archibald Rutledge Academy
Health and Environmental Control
MARVIN F. KITTRELL
Chief Administrative Law Judge
May 17, 2002
Columbia, South Carolina. |