SC Administrative Law Court Decisions

The above-entitled case is pending before the Administrative Law Judge Division. On February 4, 1997, a letter was received from Samuel L. Finklea, III, Attorney for Respondent, stating, "I have enclosed a consent order which addresses all the outstanding issues between DHEC and Mr. Swearingen. I hereby request that this appeal be dismissed as moot." (see attached Consent Order)

Therefore, IT IS ORDERED that the above-captioned case be and hereby is dismissed and the hearing which was scheduled for Monday, March 3, 1997, at 10:00 a.m. has been canceled.

AND IT IS SO ORDERED.

__________________________________

RAY N. STEVENS

Administrative Law Judge

This 5th day of February, 1997

Columbia, South Carolina

BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

IN RE: Mr. Joseph E. Swearingen, Owner

AAA Utilities Inc.

Lexington County

CONSENT ORDER

97- -DWP

AAA Utilities Inc. (Respondent) owns and is responsible for the proper and maintenance of the public water system which serves the residents of Lakeside Forest Subdivision #2 in Lexington County, South Carolina.

In accordance with approved procedures, and based on Department of Health and Environmental Control (Department) letter to the Respondent dated December 17, 1996, the parties have agreed to the issuance of this Order as a settlement of Administrative Order 96-65-DWP, to include the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. The Respondent owns and is responsible for the proper operation and maintenance of the public water system which serves the residents of Lakeside Forest Subdivision #2 in Lexington County, South Carolina.

2. The Respondent's water system consists of two (2) wells, ten-thousand gallons (10,000 gal) of pneumatic storage and water distribution lines which serve sixteen (16) taps and a population of approximately fifty-six (56) people.

3. The S.C. Code Ann. §44-55-40 (d), (1994), State Safe Drinking Water Act, states that: "Any public water supply shall be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers".

4. In June and early July 1996, small amounts of rainfall and high temperatures, compounded by low well yields, in Lexington County caused water outages in the Lakeside Forest Subdivision #2 public water system.

5. This situation and the Respondents reluctance to take appropriate action to supply an adequate quantity of potable water resulted in a public health hazard endangering the health of the citizens of Lakeside Forest Subdivision #2 in Lexington County, South Carolina.

6. Due to the Respondent's failure as specified above, and in order to abate the past and continuing public health threat, the Department issued an Emergency Order to the Respondent dated July 3, 1996.

7. On August 7, 1996, the Department inspection of the Lakeside Forest Subdivision #2 public water system revealed that the Respondent had not complied with the Emergency Order.

8. Being unable to resolve the matter, Department staff issued to the Respondent Administrative Order 96-65-DWP, dated October 23, 1996.

9. Department letter to the Respondent dated December 17, 1996, outlined a proposed agreement to settle Administrative Order 96-65-DWP. Based upon this agreement, and subsequent discussions the parties have agreed to the issuance of this Order.

CONCLUSIONS OF LAW

1. The Respondent is in violation of the S.C. Code Ann. §44-55-40 (d), (1994), State Safe Drinking Water Act, in that the referenced water system has not been adequately maintained so as to continuously provide safe and potable water in sufficient quantity and pressure so that the water remains free from potential hazards to the health of its consumers.

2. The Respondent is in violation of the S.C. Code Ann. §4455-80, (1994), State Safe Drinking Water Act, in that he failed to comply with the Emergency Order issued by the Department.

3. The Respondent's violations subject it to the assessment of civil penalties as authorized by S.C. Code Ann. §44-55-90, (1994), State Safe Drinking Water Act.

NOW, THEREFORE, IT IS ORDERED, pursuant to S.C. Code Ann. §4455-40 (h), (1994), State Safe Drinking Water Act, that:

1. The Respondent shall henceforth comply with the requirements of the S.C. Code Ann. §44-55-10, (1994), State Safe Drinking Water Act.

2. Immediately, and for as long as is necessary, ensure that a tanker containing water is contracted to haul potable water to Lakeside Forest Subdivision #2 public water system in order to maintain an instantaneous demand pressure of twenty-five pounds per square inch (25 psi) at all taps. Makeup water must be provided whenever necessary to prevent system pressure from falling below ten-psi (10psi). The water being supplied by this tanker must have a chlorine residual of at least one (1) milligram per lifer prior to being added to the system's hydropneumatic tank. Also, the Respondent shall submit to the Department the name of the supplier of makeup water and a copy of the contract.

3. Immediately begin and continue to conduct a minimum of one daily visit, or as often as necessary, to ensure that the Lakeside Forest Subdivision #2 public water system is being properly operated and maintained.

4. Immediately issue a "Boil Water Notice" to the residents of Lakeside Forest Subdivision #2. This Notice must remain in effect until lifted by the Department.

5. The Respondent shall not add any additional taps to the referenced water system until it has been upgraded to meet Department standards and approved by the Department.

6. Respondent shall pay a five-thousand dollar ($5,000.00) civil penalty. The civil penalty is to be paid in ten (10) five hundred dollar ($500.00) payments. The first payment is due thirty (30) days after the effective date of this Order. The remaining nine payments are due at thirty (30) day intervals thereafter.

IT IS FURTHER ORDERED that failure to comply with any provision of this Order shall be grounds for sanctions under the State Safe Drinking Water Act, to include the assessment of additional penalties.