ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, on June 16, 2004, The Bureau of Land and Waste Management of South
Carolina Department of Health and Environmental Control (“Department”) made a final decision
to renew a Resource Conservation and Recovery Act (“RCRA”) Part B Hazardous Waste Permit
SCD 003 358 389 (“Permit”) to Rhodia, Inc.’s Charleston Plant located in Charleston, South
Carolina (“Site”).
WHEREAS, the Department’s action constituted a final permit decision for Rhodia, Inc.
(“Rhodia”).
WHEREAS, on June 28, 2004, Ashley II of Charleston, LLC (“A-II”) served upon the
Board of the Department a formal request for a contested hearing regarding the Permit.
WHEREAS, on July 6, 2004, the Department filed an Agency Transmittal Form and A-II’s request was transferred to the South Carolina Administrative Law Court (“Court”).
WHEREAS, A-II's challenge to the permit renewal involved the substance of the
Corrective Measures Study Report, the plant’s compliance history, the safety of the operations at
the Site, and the financial condition of Rhodia.
WHEREAS, in accordance with the compliance schedule set forth in the Permit, the
Corrective Measures Study Report will be submitted to the Department and, upon approval by
the Department, will be the subject of a future modification to the Permit.
WHEREAS, A-II reserves all rights with respect to commenting upon, challenging, and
appealing any future Permit modification.
WEREAS, the parties acknowledge that A-II may, in any future Permit decisions or
modifications, challenge the plant’s compliance history, the safety of the operations at the Site,
and the financial condition of Rhodia.
WHEREAS, A-II, is now willing to dismiss without prejudice this current permit appeal.
NOW, THEREFORE, pursuant to Rule 68 of the Rules of Procedure for the South
Carolina Administrative Law Court, A-II, the Department, and Rhodia hereby stipulate and
agree, and by signing below the Court hereby ORDERS this action be dismissed without
prejudice.
SO ORDERED:
DATE: December 8, 2004________________________
Ralph King Anderson, III
Administrative Law Judge |
