ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS this contested case comes before the undersigned by way of an agency
transmittal from the South Carolina Department of Health and Environmental Control
(hereinafter "Department") directing a hearing due to the request for a contested case hearing by
John Singleton regarding the Department's Administrative Order 98-15-SW, pertaining to
property located at Montague Road off Turntable Road in Murrells Inlet, South Carolina; and
WHEREAS prior to a hearing being held, the parties have reached an agreement which
will effectively conclude this matter without necessitating the adjudication of the issues;
WHEREAS the Department has regulatory authority over management of solid waste
including construction, demolition, and land clearing debris pursuant to the South Carolina Solid
Waste Policy and Management Act (hereinafter "SWPMA"), S.C. Code Ann. § 44-96-10, et seq. (Supp. 1998), and the regulations promulgated pursuant thereto, 25A S.C. Code Regs. 61-107
(Supp. 1998); and
WHEREAS Respondent John Singleton is an owner of property at Montague Road off
Turntable Road in Murrells Inlet, South Carolina ("the Site") and has used the Site for
unpermitted disposal of land clearing (LC) debris; and
WHEREAS on June 2, 1998, representatives of the Department conducted a random
inspection of the Site and observed that approximately fifty (50) loads of LC debris had been
disposed of on the property; and
WHEREAS John Singleton informed the Department during a telephone conversation on
June 5, 1998, and now acknowledges that the LC debris disposed of at the Site was generated by
his land clearing business; and
WHEREAS the Department has not issued permits for any solid waste disposal activities
at the Site; and
WHEREAS on August 28, 1998, the Department issued a Notice of Violation and
Enforcement Conference to John Singleton; and
WHEREAS John Singleton failed to attend the enforcement conference held by the
Department on October 1, 1998; and
WHEREAS the Department alleges that John Singleton has violated the South Carolina
SWPMA and regulations promulgated pursuant thereto at 25A S.C. Code Ann. Regs. 61-107
(Supp. 1998), in that he has unlawfully disposed of solid waste in the form of LC debris at an
unpermitted site, in violation of the following:
1) South Carolina Code Ann. § 44-96-290(A) of the South Carolina Solid Waste
Policy and Management Act of 1991 (Supp. 1998), in that "No person shall
operate a solid waste management facility without a permit from the Department";
and
2) South Carolina Code Ann. § 44-96-440(C) of the South Carolina Solid Waste
Policy and Management Act of 1991 (Supp. 1998), in that "It shall be unlawful for
any person to fail to comply with this article and any regulations promulgated
pursuant to this article"; and
3) Construction, Demolition, and Land Clearing Debris Landfill Regulation, 25A
S.C. Code Regs. 61-107.11, Part IV(A)(8) (Supp. 1998)(effective July 28, 1995),
in that "Open dumping of construction, demolition, and/or land-clearing debris is
prohibited"; and
4) Construction, Demolition, and Land Clearing Debris (C&D) Landfill Regulation,
25A S.C. Code Regs. 61-107.11, Part IV(B)(1) (Supp. 1998)(effective July 28,
1995), in that "A permit must be obtained from the Department prior to the
construction, operation, expansion, or modification of a C&D debris landfill"; and
WHEREAS the Department issued Administrative Order 98-15-SW in December of
1998, ordering John Singleton to: (1) immediately cease and restrict all unpermitted disposal
activities at the Site; (2) obtain a permit from the Department to operate a waste disposal facility
prior to any future disposal or dispose of such solid waste in an off site, permitted landfill
designed for such disposal; (3) ensure in the future that illegal disposal activities do not occur on
property under his ownership or control; (4) properly close the Site as specifically instructed
therein; and (5) pay a civil penalty of eleven thousand six hundred and twenty-five dollars
($11,625.00) for the violations stated above; and
WHEREAS John Singleton filed a Petition to request a hearing to contest issuance of
Administrative Order 98-15-SW, in which he admitted disposing LC debris on the Site and thus,
violating the above-cited Code Sections and Regulations, but argued as mitigating factors, among
other things, that he ceased using the Site in any way for disposal of LC debris in early January of
1997 and is financially unable to pay the penalty assessed in the Administrative Order; and
WHEREAS the parties have conducted informal discovery on the issue of whether John
Singleton has the ability to pay any penalty for the above cited admitted violations; and
WHEREAS during discovery, John Singleton submitted financial data in the form of
official certified tax returns for the last four years; documentation of medical bills and payments
for treatment of his wife, Isadore Singleton; and completion of an "Inability to Pay" form
provided by the Department; and
WHEREAS, the Department analyzed the financial data provided by John Singleton and
concluded that he is unable to pay a monetary penalty at this time;
NOW THEREFORE IT IS ORDERED AND AGREED that Mr. Singleton shall:
(1) Immediately cease and restrict all unpermitted disposal activities at the Site;
(2) Prior to any future disposal of solid waste in South Carolina, obtain a permit from
the Department to operate a waste disposal facility, or dispose of such solid waste
in an off-site, permitted landfill, designed for such disposal;
(3) In the future, take all reasonable and necessary precautions to ensure that illegal
disposal activities do not occur on property under his ownership or control; and
(4) Close the Site as follows:
(A) Within sixty (60) days upon the effective date of this fully executed
Consent Order, place a two (2) foot thick final cover over all land clearing
debris at the Site, with at least one (1) percent but not greater than four (4)
percent surface slope, graded to promote positive drainage. The side slope
cover shall not exceed three (3) horizontal feet to one (1) vertical foot (i.e.,
not to exceed a thirty-three (33) percent slope);
(B) Within thirty (30) days upon completion of Item 4(A) above, seed the final
cover soil with a native grass to effectively establish a protective
vegetative cover to help prevent erosion;
(C) Maintain erosion control measures until final cover is stabilized as
determined by the Department; and
(D) Once final cover is established, maintain the final cover stability at all
times.
IT IS FURTHER ORDERED AND AGREED that the Department hereby suspends a
revised civil penalty against Mr. John Singleton in the amount of two-thousand dollars
($2,000.00), upon the condition that he properly closes the Site as described above within the
time frame established above.
IT IS FURTHER ORDERED that this matter is dismissed with prejudice.
AND IT IS SO ORDERED.
The Honorable John D. Geathers
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
WE SO MOVE AND CONSENT:
5/10/99
N. David Durant Date Jessica J. O. King Date
Counsel for John Singleton Staff Counsel
Law Offices of N. David Durant & Associates, P.A. S.C. Department of Health and
Post Office Box 14722 Environmental Control
1801 Glenns Bay Road 2600 Bull Street
Surfside Beach, S.C. 29587 Columbia, S.C. 29201
May 17, 1999
Columbia, South Carolina |