SC Administrative Law Court Decisions

WHEREAS, Petitioner, Campobello Rentals, LLC owns and is responsible for land clearing and construction activities at a four and forty-seven hundredths (4.47) acre site located on South Carolina Highway 11 near the intersection with United States Highway 176 (Latitude 35.07100000 by Longitude 82.09200000) the Town of Campobello, Spartanburg County, South Carolina (“Site”), and holds and is subject to the requirements of National Pollutant Discharge Elimination System Permit SCR 100000, Certified SCR 107965 and State Permit 42-03-11-01 authorizing land disturbance activities and the discharge of stormwater at the Site;

WHEREAS, Respondent, South Carolina Department of Health and Environmental Control (“SCDHEC” or the “Department”), is an agency of the State of South Carolina vested with all the powers, functions, and duties granted it, its officers, and agents by statute. The Department is charged with enforcing the Pollution Control Act, S.C. Code Ann. § 48-1-10 et seq. (1987 & Supp. 2006) and the regulations promulgated thereto, Water Pollution Control Permits, 24 S.C. Code Ann. Regs. 61-9 (Supp. 2006) and Water Classifications and Standards, 25 S.C. Code Ann. Regs. 61-68;

WHEREAS, Petitioner acknowledges its liabilities for the violations contained in Administrative Order 06-200-W;

WHEREAS, in the interest of resolving this matter without further delay and expense of litigation, the parties to this action have reached an agreement as outlined below that will dispose of this case without any further proceedings.

NOW THEREFORE IT IS ORDERED AND AGREED, that Campobello Rentals, LLC agrees to henceforth, with respect to the Site, comply with all permitting and operating requirements in accordance with State and Federal regulations, and pay to the Department a civil penalty of nineteen thousand, three hundred dollars ($19,300.56), in six equal quarterly installments of three thousand, two hundred sixteen dollars and seventy-six cents ($3,216.76) each. The first quarterly installment shall be paid to the Department within thirty (30) days of the filing of this Order by the Court, with each successive installment paid to the Department on or before the ninetieth (90) day after the last payment was required to be paid. Each installment payment shall be made by a check made payable to the South Carolina Department of Health and Environmental Control and set to the following address:

Robert L. Procter

Water Enforcement Division

Bureau of Water

South Carolina Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201

IT IS ALSO ORDERED AND AGREED, that if Campobello Rentals, LLC fails to make any payment as set forth above, the remaining balance of the civil penalty shall become due immediately and must be paid to the Department within thirty (30) days of the Department’s mailing of demand letter for payment of the outstanding balance to Campobello Rentals, LLC.

IT IS FURTHER ORDERED AND AGREED, that failure to meet the deadlines established herein or any other violations of the provisions of this Order shall be deemed a separate violation of the South Carolina Pollution Control Act. Upon ascertaining any such violation, the Department may initiate appropriate action to obtain compliance with both this Order and the aforesaid Act, to include petitioning the Court for Contempt sanctions and the assessment of additional civil penalties.

AND IT IS SO ORDERED.

______________________________________

JOHN D. MCLEOD

Administrative Law Judge

March 18, 2008

Columbia, South Carolina

CONSENTED TO BY:

___________________________________ March 13, 2008

Stephen P. Hightower, Esq.

Attorney for Respondent

South Carolina Department of Health

and Environmental Control

___________________________________ March 10, 2008

John D. Hawkins, Esq.

Attorney for Petitioner

Campobello Rentals, LLC