ORDERS:
CONSENT ORDER OF DISMISSAL
This action is before the Administrative Law Court pursuant to Petitioner's Request for
Hearing to challenge the issuance by Respondent of Administrative Order 04-138-DW. The
parties have resolved all issues in this contested case and have agreed to the following terms:
TRANSFER OF SYSTEM:
1.No later than December 1, 2004, Petitioner shall notify the South Carolina Public
Service Commission of Petitioner's intent to transfer ownership of the drinking water system
serving the Woodforest subdivision in York County, South Carolina (the "Woodforest System").
2.No later than May 31, 2005, Petitioner shall deliver to Respondent a copy of a
legal and binding contract (the "Contract") for the transfer of ownership of the Woodforest
System from Petitioner to either (i) a municipal or similar publicly-owned drinking water
provider or (ii) an existing, viable privately-owned drinking water provider in which Petitioner
has no ownership interest. Petitioner shall also provide Respondent with a copy of any
amendments to the Contract promptly upon execution of same.
3.No later than December 31, 2005, Petitioner shall deliver to Respondent a copy of
the recorded deed (or similar recorded documentation) confirming the transfer of the Woodforest
System in accordance with the Contract and any amendments thereto.
REGULATORY REQUIREMENTS
4.No later than December 31, 2004, Petitioner shall deliver to Respondent the
following documentation which is required by applicable regulation:
A. Standard Operating Procedures as required by R 61-58.7(B)(2).
B. Well head inspection documentation as required by R 61-58.7(D)(1).
C. Flow meter calibration documentation as required by R 61-58.7(D)(7).
D. Standby well monitoring records as required by R 61-58.7(D)(14).
E. Valve and hydrant maintenance program records as required by R 61-58.7(E)(9).
F. Leak detection and repair records as required by R 61-58.7(E)(11).
G. Record of flushing program activities as required by R 61-58.7(E)(13).
H. Cross Connection Control Program as required by R 61-58.7(F).
I. Emergency Preparedness Plan as required by R 61-58.8(B).
J. Public notification compliance certification as required by R 61-58.6(B)(5).
K. Bacteriological Analysis Report(s) as required by R 61-58.6(C)(3)(a) or (b).
L. Total water pumped / delivered each month as required by R 61-58.6(C)(3)(c).
M. Static and pumping water level reports as required by R 61-58.6(C)(7).
N. Operation pressure test results as required by R 61-58.6(C)(8).
5.All documents submitted shall comply substantially, in form and substance, with
the applicable regulation.
LICENSED OPERATOR
6.No later than December 1, 2004, Petitioner shall deliver to Respondent a written
contract or notarized affidavit indicating that a licensed water system operator of the appropriate
grade has been retained to operate the Woodforest System.
CORPORATE GOOD STANDING
7.No later than December 31, 2004, Petitioner shall deliver to Respondent a current
Certificate of Good Standing for River Pines Water System, Inc. from the South Carolina
Secretary of State.
PENALTY
8.Petitioner shall pay a civil penalty to Respondent in the amount of Fifteen
Thousand and no/100 Dollars ($15,000.00) (the "Civil Penalty"). Notwithstanding the
foregoing, the Civil Penalty is suspended so long as Petitioner timely satisfies the requirements
of this Order. It is expressly agreed and understood by the parties that should Petitioner fail to
perform any single obligation under this Order by the deadline stated, that the suspension of the
Civil Penalty shall be automatically revoked and the Civil Penalty shall immediately become due
and payable to Respondent in its entirety without setoff or deduction. Further, it is expressly
agreed and understood by the parties that, in the event the suspension of the Civil Penalty is
revoked as provided for herein, Petitioner's failure to pay the Civil Penalty as required shall be
punishable by contempt.
IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
January 7, 2005
Columbia, South Carolina |
