ORDERS:
CONSENT ORDER
In this case, the Petitioner, Lynches River Coalition/Clean Water, has challenged the decision
of the South Carolina Department of Health and Environmental Control ("DHEC") to modify NPDES
Permit No. SC0046311 (the "Permit") issued to the City of Lake City (the "City") for its Lake Swamp
treatment plant. The parties have negotiated a settlement of this matter and desire that the settlement
be made in the order of the Administrative Law Judge Division as the final agency determination in this
case.
The agreed settlement is as follows:
1. The Department shall immediately modify and reissue the Permit as follows: Page 3 of
the permit shall be amended as to the discharge limitations for Total Cadmium, Total
Copper, and Total Lead so as to read as follows:
Total Cadmium 0.014 mg/l Monthly Average
0.04 mg/l Daily Maximum
Total Copper 0.146 mg/l Monthly Average
0.2 mg/l Daily Maximum
Total Lead 0.05 mg/l Monthly Average
0.76 mg/l Daily Maximum
2. The remaining provisions of the Permit shall be unaffected.
3. The aforementioned modification shall be issued and effective immediately with the
original Permit expiration date.
4. The City agrees to continue to provide Petitioner with the information specified in Item
3 of the Final Order dated August 16, 1996 issued in contested case No. 96-ALJ-07-0144-CC, continuing through August 1999.
5. DHEC agrees to notify the Petitioner, through its attorney, when and if DHEC receives
information from Nan Ya Plastics regarding any proposed modification or expansion
of its wastewater treatment facility at its Lake City plant and/or modification or
issuance of a construction permit, and to provide Petitioner's attorney with copies of
correspondence, applications, reports, and all other information submitted by Nan Ya
Plastics to DHEC in connection with its facility and/or pretreatment permit. DHEC
shall allow the Petitioner a reasonable time, at least 30 days, to review and comment
upon such requests. DHEC shall also provide Petitioner and its attorney an opportunity
to review all DHEC files related to Nan Ya Plastics upon request.
6. This appeal shall be terminated, with prejudice, except that the parties retain the right
to enforce any affirmative obligations contained in this Order.
NOW, THEREFORE, upon the joint motion of the parties.
IT IS HEREBY ORDERED that the agreements stated above are hereby made the order of the
Administrative Law Judge Division, and this case is hereby DISMISSED, with prejudice, except as to
the parties retain the right to enforce and affirmative obligations contained in this Order.
AND IT IS SO ORDERED.
_____________________________
ALISON RENEE LEE
ADMINISTRATIVE LAW JUDGE
Columbia, South Carolina
April 17, 1998
WE SO MOVE AND CONSENT:
_________________________
James S. Chandler, Jr.
Attorney for the Petitioner
_________________________
W. Thomas Lavender, Jr.
Attorney for the City of Lake City
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Samuel L. Finklea, III
Attorney for DHEC |