ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS,
Petitioner, South Carolina Department of Health and Environmental Control
(“DHEC” or “the Department”), filed on February 13, 2007, a Notice and Motion
for Civil Contempt for Respondent, William T. Hicks, d/b/a Miss Kitty’s Inc.
(“Hicks”), disregard of the Order Granting Petitioner’s Motion for Summary
Judgment of the Honorable John D. McLeod, issued and filed April 19, 2006;
WHEREAS,
referenced Order Granting Petitioner’s Motion for Summary Judgment required
Respondent to comply with the Department’s executed Administrative Order (AO)
05-134-W, which included compliance with all permitting and operating
requirements in accordance with State and Federal regulations and the payment
to the Department, within thirty (30) days of the execution date of the Order
Granting Petitioner’s Motion for Summary Judgment, of a civil penalty in the
amount of five thousand dollars ($5,000.00); and
WHEREAS,
Respondent has received and Order Granting Defendant’s Motion for Summary
Judgment in the matter of Miss Kitty’s, Inc. v. Danny Enterprises, a South
Carolina General Partnership, and David Eliyahu (see attachment), filed on
April 23, 2007, which in essence nullifies the part of AO 05-134-W that
requires that Respondent comply with all permitting and operating requirements
in accordance with State and Federal regulations; and
WHEREAS,
pursuant to the above paragraph, the only provision of AO 05-134-W that is
currently relevant to Respondent is the provision that requires payment of the
$5,000.00 assessed civil penalty; and
WHEREAS, both
DHEC and Hicks have agreed to settle this matter and have the Administrative Law Court dismiss the Motion for Civil Contempt.
THEREFORE, IT IS
ORDERED, CONSENTED TO, AND AGREED that Respondent Hicks will pay Petitioner
DHEC, on the fifteenth of the month that follows the execution date of this
Order, and for each month thereafter, the assessed civil penalty in the amount
of Five Thousand Dollars ($5,000.00), adhering to the following schedule:
- Eight Hundred and Thirty-Three
Dollars ($833.33) for six (6) months.
NOW THEREFORE
IT IS ORDERED, CONSENTED TO, AND AGREED that with this Consent Order for
Dismissal, the issues underlying Administrative Order 05-134-W are resolved and
the Motion for Civil Contempt proceeding is hereby dismissed; however, if
Respondent Hicks fails to comply with any part of this Consent Order for
Dismissal, Respondent DHEC reserves the right and will Motion the Horry County
Court of Common Pleas for an action of Civil Contempt against Respondent Hicks
in order to obtain a judgment against him for non-compliance with this Order so
that a lien can be placed on Respondent’s property as collateral for the civil
penalty owed to DHEC.
AND IT IS SO ORDERED.
___________________________
John
D. Mcleod
Administrative
Law Judge
May 21, 2007
Columbia, SC
WE
CONSENT:
___________________________
Irby
E. Walker, Jr.
Attorney
for Respondent
___________________________
Etta R. Williams
Attorney
for Petitioner
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