South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Henry L. Parr, Sr. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Henry L. Parr, Sr., Headsprings Farm, Newberry County

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0293-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

In this matter the parties disagree as to whether petitioner was required to obtain a permit prior to the construction of a certain catch basin adjacent to the existing waste water treatment facility (WWTF) of petitioner. Petitioner contends that no permit was required because the construction of the catch basin did not "materially alter the method or effect of treating waste" at the lagoons behind his dairy. The Department contends that a permit was required. Prior to the contested case hearing in this matter, without waiving their respective positions, the parties agreed to resolve this dispute on the terms set forth in this order.



1. Within thirty (30) days of the date of this order, petitioner will submit to the Department the following:



a. As built drawings of the catch basin, and



b. An amendment to the petitioner's waste management plan which shall state that the catch basin shall be used solely as an emergency spill prevention device and that any water that enters the catch basin from the lagoons shall be pumped out as soon as possible, either back into the lagoons or to the locations where pumping from the lagoons is permitted.



2. The Department shall then issue a permit to the petitioner permitting the modification of his existing WWTF by the addition of the catch basin.



3. Within one year of the date of this order, petitioner shall construct a liner in the catch basin either by soil compaction or other suitable means. The parties acknowledge that the catch basin and the surrounding soil must be completely dry for a significant period of time in order to permit the construction of such a liner. In the event that weather conditions make the installation of the liner impracticable within the time allowed, petitioner shall promptly provide written notice to the Department of the reasons for petitioner's inability to meet the deadline and the Department shall grant an extension of the deadline to the extent necessary due to weather conditions or other conditions beyond petitioner's reasonable control.



4. The proposed administrative order in this matter shall be dismissed with each party bearing its own costs.



AND IT IS SO ORDERED.







__________________________________

RAY N. STEVENS

Administrative Law Judge



This 16th day of November, 1999

Columbia, South Carolina



WE CONSENT:



Henry L. Parr, Jr.

Counsel to Petitioner



Samuel L. Finklea, III

Counsel to the Department


 

 

 

 

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