ORDERS:
CONSENT ORDER OF SETTLEMENT
This matter is
before the Court on Petitioner Kiawah Island Utility, Inc.’s (“KIU” or
“Petitioner”) request for a contested case hearing filed on October 2, 2006.
Petitioner seeks review of the South Carolina Department of Health and
Environmental Control’s (“Department”) denial of its request for modification
of the fecal coliform limit in Land Application Discharge Permit No. ND0017361
(“Permit”).
A hearing on the
merits in this matter was begun on February 20, 2007. Prior to the conclusion
of the hearing on the merits, the parties renewed settlement discussions and
reached a tentative agreement resolving this matter. That agreement is
incorporated into this Order. The terms and conditions of the agreement
between the parties are as follows:
1. The parties have agreed
to utilize a calculated fecal coliform limit for the Permit. The agreement of
the parties is contained in a revised Part I, Section A.3 of the Permit and is
attached hereto and incorporated herein as Exhibit I to this Order. Other
sections of the Permit have been revised to appropriately reflect the agreement
regarding the fecal coliform limit.
2. Attached as Exhibit II
is an example spreadsheet for calculation of the appropriate fecal coliform
limits and determination of compliance with the appropriate limits. This
Exhibit II does not contain actual data from operation of the Petitioner’s
system, but contains example data for purposes of explanation of the
calculation system agreed to by the parties.
I find this agreement
to be fair and equitable, approve such settlement, and hereby ORDER its
adoption. This Court retains continuing jurisdiction to enforce this Order and
to issue a final order granting summary judgment in favor of Petitioner upon
the parties’ failure to perform according to the terms of this settlement as
incorporated into this Order.
AND IT IS SO ORDERED.
__________________________________
The
Honorable Ralph King Anderson, III
Administrative
Law Judge
June 10, 2008
Columbia, South Carolina
WE CONSENT:
______________________________
W. Thomas Lavender, Jr.
Leon C. Harmon
NEXSEN PRUET, LLC
Post Office Drawer 2426
Columbia, South Carolina 29202
Attorneys for Petitioner Kiawah Island Utility,
Inc.
______________________________
Stephen P. Hightower
Office of General Counsel
South Carolina Department of Health and
Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Attorney for Respondent South Carolina
Department of Health and
Environmental Control
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