ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS the above-captioned matter is a civil action that was filed with the
Administrative Law Court on July 12, 2004, as an appeal of Administrative Order 04-123-W,
which was issued by the Bureau of Water at the South Carolina Department of Health and
Environmental Control (“DHEC”), pursuant to violations of Water Pollution Control Permits, 24
S.C. Code Ann. Regs 61-9.122.41(a) & (e) Supp. 2003), the Pollution Control Act, S.C. Code
Ann. 48-1-90(a)(1987), and Water Classifications & Standards, 25 S.C. Code Ann. Regs. 61-68(E)(5)(d)(Supp. 2003); and
WHEREAS Respondent South Carolina Department of Health and Environmental
Control (“DHEC”) 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. The
Department is charged with implementation of the Pollution Control Act, S.C. Code Ann. § 48-1-10 et. seq. (1987 and Supp. 2003), and the Regulations promulgated pursuant thereto; and
WHEREAS it was alleged in Administrative Order 04-123-W that Petitioners James
Durham and Pondicherry Subdivision (“Durham”) owns and is responsible for development and
construction activities at the Pondicherry Subdivision (site) in Greenville County, South Carolina;
and
WHEREAS, the above-captioned matter is before Ray N. Stevens, Administrative Law
Court Judge; and
WHEREAS, the parties concur that the captioning of the above-styled matter should be
changed to reflect the true Petitioner in interest, Palmetto Development Company North, LLC
(hereafter “Palmetto”); and
WHEREAS, both parties have agreed to enter into this Consent Order for Dismissal and
have evidenced that agreement by affixing their signatures onto this
Order; and
WHEREAS, Respondent DHEC has agreed to reduce the civil penalty in this matter and
Petitioner Palmetto has agreed to pay to Respondent DHEC the reduced civil penalty in the
amount of six thousand, two hundred and fifty dollars ($6,250.00); and
WHEREAS Petitioner Palmetto asserts that this Consent Order for Dismissal in no way
constitutes an acknowledgement or evidence of any wrongdoing or liability of the Petitioner; and
WHEREAS Petitioner Palmetto and Respondent DHEC have agreed to settle this matter.
NOW THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND AGREED AS
FOLLOWS THAT:
qThe caption of this matter be reformed to reflect the true Petitioner in interest, Palmetto Development
Company North, LLC; and
qPetitioner Palmetto will pay to Respondent DHEC the amount of six thousand, two hundred and fifty
dollars ($6,250.00) within ten (10) days of the execution of this Consent Order for Dismissal; and
qThis Consent Order for Dismissal resolves the issues underlying Administrative Order 04-123-W and the
above-captioned action is hereby dismissed; however, if Petitioner Palmetto fails to comply with any part
of this Consent Order for Dismissal, Respondent DHEC reserves the right to reinstate fully the assessed
civil penalty of twelve thousand dollars ($12,000.00) and will seek to hold Petitioner in civil contempt of
Court for its non-compliance with this Consent Order for Dismissal.
IT IS FURTHERED ORDERED, CONSENTED TO, AND AGREED THAT the
above-entitled action is hereby terminated with prejudice.
AND IT IS SO ORDERED. |
