South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
The Litchfield Company, LLC vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
The Litchfield Company, LLC

Petitioner:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
04-ALJ-07-0214-CC

APPEARANCES:
Miles Loadholt, Attorney for Petitioner
The Litchfield Company, LLC or Bill Litchfield or George Litchfield

Etta R. Williams, Attorney for Respondent
 

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


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