ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Court on petition by the Town of
Summerville’s Commissioners of Public Works (CPW), seeking review of a permit reissued by
DHEC for CPW’s wastewater treatment plant and treated wastewater discharge. The parties
have now resolved their differences as set forth below.
The parties agree that the following changes are to be made applicable to CPW’s
National Pollution Discharge Elimination System permit No. SC0037451:
Final Limits Schedule
The Permit will be revised to have a 5-year duration.
The Permit will include the following interim Deadlines:
·Preliminary Engineering Report (or letter indicating the facility can meet final limits
to cancel future milestones) due August 1, 2006
·If the PER concludes that an upgrade is necessary,
1.Plans and Specifications due December 31, 2006
2.Start Construction – March 31, 2007
3.Complete Construction – February 1, 2008
4.Meet final limits – March 1, 2008
Summerville may request that the permit be modified based upon the 3-D model results
before the expiration of the permit (and effectiveness of the final limits). DHEC will review and
make a timely decision on any such request.
Flow
If any final decision in the pending appeal by Charleston CPW et al. (Docket Nos. 03-ALJ-07-0125-CC, -0126-CC, and -0127-CC) constitutes cause for modification, upon request of
Summerville CPW, DHEC will process a request for modification of the flow limits imposed in
its permit.
Seasonal Limits
If the 3-D model currently under development fully evaluates the maximum seasonal
loadings (UOD, ammonia nitrogen, and CBOD) and constitutes cause for modification of the
Summerville CPW discharge, upon request DHEC will process a request for modification of the
permit to include these limits.
Fecal coliform
No change to permit conditions in the reissued permit subject to this appeal.
Miscellaneous
DHEC agrees to make two clerical corrections of the permit as follows:
·Change “City” to “Town”
·Qualify the sludge transport liability by adding "to the extent provided by federal and
state law and state regulations" in Part III.D.ii.d
Summerville agrees to withdraw its petition, including its challenge to the 2003 Total
Daily Maximum Load for the Ashley River.
CONCLUSION
With the consent of the parties, I conclude that the agreement should be approved and the
instant case dismissed in accordance with its terms.
IT IS FURTHER ORDERED that the Court retains jurisdiction to enforce the terms and
conditions herein.
AND IT IS SO ORDERED.
July 6, 2004
Columbia, SC
_________________________________
Marvin F. Kittrell
Chief Administrative Law Judge |