ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS the above-captioned matter is a civil action that was filed with the
Administrative Law Court on July 6, 2004, as an appeal of Administrative Order 04-116-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), and the Pollution
Control Act, S.C. Code Ann. 48-1-90(a)(1987); and
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 04-116-W that Petitioner,
The Litchfield Company, LLC (“Litchfield”), is responsible for development and
construction activities at the South Meadows Subdivision (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 Litchfield has agreed to pay to Respondent DHEC the reduced civil
penalty in the amount of three thousand, five hundred dollars ($3,500.00); and
WHEREAS Petitioner Litchfield and Respondent DHEC have agreed to settle
this matter.
NOW THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND
AGREED AS FOLLOWS THAT:
qPetitioner Litchfield’s payment of three thousand, five hundred dollars
($3,500.00), which was submitted to Respondent DHEC in the form of a cashier’s
check (# 100619186) on Wednesday, December 15, 2004, hereby constitutes a
complete settlement of any and all claims, fines, and/or assessments relating to
Administrative Order 04-116-W; and
qThis Consent Order for Dismissal resolves the issues underlying Administrative
Order 04-123-W and the above-captioned action is hereby dismissed.
IT IS FURTHERED ORDERED, CONSENTED TO, AND AGREED THAT
the above-entitled action is hereby terminated with prejudice.
AND IT IS SO ORDERED.
_________________________________1-4-2005
Ray N. Stevens, Administrative Law Court JudgeDate |