ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS the above-captioned matter is a civil action that was filed with the
Administrative Law Court on July 12, 2004, as an appeal of Administrative Order 04-115-W, which was issued by the Bureau of Water at the South Carolina Department of
Health and Environmental Control (“DHEC”), pursuant to violations of Water Pollution
Control Permits, 24 S.C. Code Ann. Regs 61-9.122.41(a) & (e) Supp. 2003) in that it
failed to comply with all permit conditions as required in Part VI.N of National Pollutant
Discharge Elimination System (NPDES) Permit SCR100000.
WHEREAS Respondent South Carolina Department of Health and
Environmental Control (“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 and Supp. 2003), and the
Regulations promulgated pursuant thereto; and
WHEREAS it was alleged in Administrative Order 04-115-W that Petitioner
Johnny O. Jackson Builders, Inc, (“Jackson”) is responsible for development and
construction activities at the Mustang Plantation Phase II (Site) in Aiken County, South
Carolina; and
WHEREAS, the above-captioned matter is before Ray N. Stevens,
Administrative Law Court Judge; and
WHEREAS, both parties have agreed to enter into this Consent Order for
Dismissal and have evidenced that agreement by affixing their signatures onto this
Order; and
WHEREAS, Respondent DHEC has agreed to reduce the civil penalty in this
matter and Petitioner Jackson has agreed to pay to Respondent DHEC the reduced civil
penalty in the amount of three thousand dollars ($3,000.00); and
WHEREAS Petitioner Jackson and Respondent DHEC have agreed to settle
this matter.
NOW THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND
AGREED AS FOLLOWS THAT:
qPetitioner Jackson will pay to Respondent DHEC the amount of three thousand
dollars ($3,000.00) within ten (10) days of the execution of this Consent Order for
Dismissal; and
qThis Consent Order for Dismissal resolves the issues underlying Administrative
Order 04-115-W and the above-captioned action is hereby dismissed; however, if
Petitioner Jackson fails to comply with any part of this Consent Order for
Dismissal, Respondent DHEC reserves the right to reinstate fully the assessed
civil penalty of five thousand dollars ($5,000.00) and will seek to hold Petitioner
in civil contempt of Court for its non-compliance with this Consent Order for Dismissal.
IT IS FURTHERED ORDERED, CONSENTED TO, AND AGREED THAT
the above-entitled action is hereby terminated with prejudice.
AND IT IS SO ORDERED.
___________________________________________12-10-2004
Ray N. Stevens, Administrative Law Court JudgeDate |
