ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS,
Respondent South Carolina Department of Health and Environmental Control
(“DHEC” or “the Department”), is an agency of the State of South Carolina,
vested with all the powers, functions, and duties granted to the Department and
its officers and agents by statute; and
WHEREAS,
Respondent DHEC has regulatory authority over the management and administration
of the Pollution Control Act, S.C. Code Ann. § 48-1-10 et seq. (1987 and
Supp. 2006), the Waste Tires Regulation, 25A S.C. Code Ann. Reg. 61-107.3
(Supp. 2006), and the South Carolina Solid Waste Policy and Management Act of
1991, S.C. Code Ann. § 44-96-10 et seq. (2002 and Supp. 2006); and
WHEREAS,
Petitioner Jerry A. Meehan (“Meehan”) is the legal owner of property located
near the intersection of Airline and Leatherdale Roads in Anderson County, South Carolina, Tax Map # 182-00-01-027 (“Site”), upon which waste tires were disposed; and
WHEREAS,
Petitioner Meehan, having been issued an Administrative Order (# 07-08-SW) by
Respondent DHEC regarding the unlawful disposal of waste tires upon the
referenced property; and
WHEREAS,
Petitioner Meehan appealed the issuance of Administrative Order 07-08-SW to the
Administrative Law Court (“ALC”) pursuant to ALC Rules, contesting the
Department’s allegations; and
WHEREAS,
Respondent DHEC and Petitioner Meehan have agreed to enter into this Consent
Order for Dismissal in the above-captioned matter;
NOW
THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that:
1. Within thirty (30) days of the effective date of this fully executed
Order, Petitioner Meehan shall provide access to the Site and adequate space in
a suitable location so that Anderson County may place rolloffs, trailers, or
other disposal containers at the Site.
2. Within sixty (60) days of the effective date of the Order, the
Petitioner shall remove, or cause to be removed all
miscellaneous solid wastes from the Site, and submit documentation to the
Department verifying proper disposal of same at a permitted solid waste management
facility(s) authorized to accept such wastes.
3. Within sixty (60) days of Anderson County’s placement of rolloffs or
other disposal containers at the Site, Petitioner shall complete the removal of
all whole waste tires and processed tires from the Site by placing them in the
disposal containers, as directed by Anderson County.
4. Within ten (10) days of the completion of Terms 1., 2, and 3. above, Petitioner
shall notify the Department’s Region 1 Environmental Quality Control (“EQC”)
Office so that a final inspection of the Site may be immediately performed.
5. The Department has assessed a civil penalty of ten thousand dollars
($10,000.00) for the violations cited in Administrative Order # 07-08-SW;
however, the Department agrees to suspend the penalty pending compliance with
the terms and deadlines set forth in this Order. Failure on the part of
Petitioner to adhere to any portion of Terms 1. and 2. above, by the deadlines set
forth, shall be considered a violation of this Order, and shall result in the
reinstatement of the full penalty amount, due and payable within thirty (30)
days of Petitioner’s receipt of demand for payment of the penalties. The
Department’s decision regarding the penalty payment shall be final.
AND
IT IS SO ORDERED.
__________________________________________
Carolyn
C. Matthews
SC Administrative Law Judge
October 4, 2007
Columbia, South Carolina
_______________________________ _____/_____/_____
Jerry A. Meehan, Petitioner Date
_______________________________ _____/_____/_____
Etta R. Williams Date
Attorney for Respondent DHEC
|
