ORDERS:
CONSENT ORDER OF DISMISSAL
This
matter is before me for entry of a Consent Order of Dismissal. All
Petitioners, Georgetown County, Berkeley County, City of Charleston, Dorchester
County, City of North Charleston, and Anderson County, and the Respondent,
South Carolina Department of Health and Environmental Control (“Department”), (collectively “Parties”) have provided their consent to disposition of this contested case in
accordance with the terms, conditions, and stipulations set forth herein.
BACKGROUND
Phase I of the National Pollution Discharge Elimination
System (NPDES) Program was developed by the Environmental Protection Agency
(EPA) in 1990. Phase I was promulgated to control storm water runoff from
municipal storm water systems known as “Medium” and “Large” Municipal Separate
Storm Sewer Systems (“MS4s”). Phase II of the NPDES program expanded the MS4
program to smaller municipal separate storm water systems known as “Small MS4s.”
The Department promulgated regulations related to the responsibilities of all
Small MS4s in South Carolina. These regulations are set forth in 24 S.C. Code
Ann. Reg. 61-9.122.30 through 122.36 (2006 Supp.)(“Small MS4 Regulations”).
Regulation 61-9.122.34 establishes the substantive requirements imposed on
Small MS4s, which include the six (6) minimum control measures (“MCMs”) Small
MS4 storm water management programs must include. The City of Charleston, City
of North Charleston, Dorchester County, Berkeley County, Anderson County, and
Georgetown County (Petitioners) are designated Small MS4s. Pursuant to the Small
MS4 Regulations, the Petitioners each separately sought permit coverage,
through submission of a Notice of Intent (NOI), under the General Permit
developed by the Department which authorized storm water discharges from Small
MS4s (“General Permit”).
After reviewing each separate Petitioner’s NOI, the
Department granted each Petitioner coverage under the General Permit. Attached to each
Certificate of Coverage was a Permit Schedule setting forth specific deadlines
each Petitioner must meet in order to maintain coverage under the General
Permit.
After each Petitioner reviewed its Certificate of Coverage
and attendant Permit Schedule several objections arose. As a result, each
Petitioner timely requested a Final Review Conference before the S.C. Board of
Health and Environmental Control. The Board did not conduct Final Review
Conferences on any of the Petitioners’ requests pursuant to S.C. Code of Laws
§441-60(F). Thereafter, Petitioners each individually timely filed a Request
for a Contested Case (“Request”) hearing before this Court. In an effort to
facilitate judicial efficiency, the six separate above captioned cases were
consolidated by Order of this Court.
SETTLEMENT TERMS
The Parties have resolved this dispute and reached a
settlement on all issues raised by each individual Petitioner’s Request. The
terms of this settlement are embodied in the new and revised Certificates of
Coverage and Permit Schedules for each Petitioner. Each new Certificate of
Coverage and Permit Schedule is attached hereto as [Exhibits A, B, C, D, E,
and F] and is incorporated herein by reference as part of the terms of the
Parties settlement of the above-captioned cases. These new Certificates of
Coverage and Permit Schedules will replace the Certificates of Coverage and
Permit Schedules originally issued to each Petitioner.
In addition to the terms of Dorchester County’s new
Certificate of Coverage and Permit Schedule and in an effort to settle all
outstanding issues with the Department regarding its coverage by and under the
General Permit, Dorchester County agrees to obtain a new certification and
signature page with the appropriate responsible County official’s signature.
This new certification and signature page will be provided to the Department no
later than July 1, 2008, unless a change of such date is agreed to by the
Parties. Leave of this Court will not be required for a change of this date.
Therefore, upon motion by Petitioners and with Respondent’s
consent, as evidenced by their signatures below, and based on the terms of the
settlement as set forth above, this contested case is, hereby, DISMISSED.
AND
IT IS SO ORDERED.
______________________________________
The Honorable Paige J. Gossett
Administrative Law Judge
June 26, 2008
Columbia, SC
[SIGNATURE
PAGE FOLLOWS]
We so move:
McNair Law Firm, P.A.
______________________________
Mary D. Shahid
R. Cody Lenhardt, Jr.
Attorneys for Petitioners
Georgetown County, Berkeley County,
City of Charleston, Dorchester County,
City of North Charleston, and Anderson County
I Consent:
Johnson, Smith, Hibbard & Wildman, L.L.P.
_______________________________
Kelly D. H. Lowry
Attorney for Respondent
South Carolina Department of Health
and Environmental Control
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