ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS the above-captioned matter is a civil action that was filed with the Administrative
Law Court on March 31, 2004, as an appeal of Administrative Order 04-035-W, which was issued
by the Bureau of Water at the South Carolina Department of Health and Environmental Control
(DHEC or Department), pursuant to the Pollution Control Act; and,
WHEREAS Petitioner 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 & Supp. 2003), and the regulations promulgated pursuant thereto; and,
WHEREAS Richard K. Bennett and Robert N. Parker, III (Respondents) own, and are
responsible for land disturbing and construction activities in, the Creekbed Heights Subdivision (Site)
in Anderson County, South Carolina; and,
WHEREAS, as the persons responsible for land disturbing and construction activities in the
Creekbed Heights Subdivision, Respondents Bennett and Parker are responsible for adhering to the
statutes and regulations pertinent to land disturbance and construction activities; and,
WHEREAS Petitioner DHEC issued Administrative Order 04-035-W on March 2, 2004,
against Respondents Bennett and Parker for violations of the South Carolina Stormwater
Management and Sediment Control Regulation, 24 S.C. Code Ann. Regs. 72-307.B (Supp. 2003),
finding that they failed to properly operate and maintain all facilities and systems of treatment and
control. Administrative Order 04-035-W also found that the Respondents also violated Water
Pollution Control Permits, 24 S.C. Code Ann. Regs. 61-9 § 122.26(b)(14)(x) (Supp. 2003), in that
they had initiated land-disturbing activities that exceeded the permitted acreage, prior to obtaining
the proper permits from the Department, and that the Respondents violated the Pollution Control Act,
S.C. Code Ann. § 48-1-90(a) (1987), in that sediment was discharged into waters of the state in a
manner other than in compliance with a permit issued by the South Carolina Department of Health
and Environmental Control; and,
WHEREAS Administrative Order 04-035-W required Respondents Bennett and Parker to
do the following:
1.Continue to comply with all permitting and operating requirements in accordance with State and Federal regulations;
2.Within thirty (30) days of Department approval of the Plan, submit to the Department a report, completed by a state-registered professional engineer, certifying that all stormwater controls are functioning at the site; and,
3.Within thirty (30) days of the date of execution of the order, pay to the Department a civil penalty in the amount of thirty-three thousand dollars ($33,000.00); and,
WHEREAS Respondents Bennett and Parker do not admit any of the Findings of Fact or
Conclusions of Law contained in Administrative Order 04-035-W; and,
WHEREAS Respondents Bennett and Parker and Petitioner DHEC have agreed to settle this
matter.
NOW, THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND AGREED
that Respondents Bennett and Parker will do the following:
1.Pay to Petitioner DHEC the amount of seven thousand, two hundred dollars ($7,200.00) within thirty (30) days of the execution of this Consent Order; and,
2.Install a stormwater retention basin in accordance with the Plan approved by DHEC pursuant to Permit No. 04-03-11-03/SCR107984, and perform grassing at the Creekbed Heights Subdivision site within sixty (60) days of the execution of this Consent Order.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED that this Consent
Order for Dismissal resolves the issues underlying Administrative Order 04-035-W and the above-captioned action is hereby DISMISSED; however, if Respondents Bennett and Parker fail to comply
with any part of this Consent Order for Dismissal, Petitioner DHEC reserves the right to reinstate
fully the assessed civil penalty of thirty-three thousand dollars ($33,000.00), and will seek to hold
Respondents in civil contempt of Court for its non-compliance with this Consent Order.
AND IT IS SO ORDERED.
s/John D. Geathers 10/14/04
John D. Geathers, Administrative Law JudgeDate |
