South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Preston L. Howard vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Preston L. Howard

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0228-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

In Re: Administrative Order No. 02-076-DW

The Department of Health and Environmental Control issued Administrative Order No. 02-076-DW alleging certain violations by Petitioner and seeking specific relief and a civil penalty. Petitioner appealed pursuant to S.C. Code Ann. § 1-23-610 (Supp. 2001). The ALJ Division has subject matter jurisdiction pursuant to S.C. Code Ann. §§ 1-23-310 et seq. (1986 and Supp. 2001), and 25 S.C. Code Ann. Regs. 61-72 (Supp. 2001).

Petitioner alleges and DHEC does not dispute, that Petitioner is currently in compliance with applicable DHEC regulations pertaining to Notices of Intent and identification tags. DHEC has issued a variance for the Elsey well. The parties have agreed to resolve the appeal on the terms stated more fully below. I find that the resolution is reasonable; therefore, and with the consent of the parties, I find that:

1.Findings of Fact numbers 1, 3, 4, 5, and 6 of Administrative Order No. 02-076-DW

are affirmed.

2.Conclusions of Law numbers 1 and 4 of Administrative Order 02-076-DW are

affirmed.

I find that Petitioner should be assessed a civil penalty of Two Thousand Dollars ($2000.00) pursuant to S.C. Code Ann. § 44-55-90(b) which should be paid to the Department within thirty days of the date of this order.

The parties agree that this consent order of dismissal shall not inure to the benefit of any third party, nor shall it be admissible in any action other than one by the Department if necessary to enforce the terms of this order.

AND IT IS SO ORDERED.



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November 14, 2002MARVIN F. KITTRELL

Columbia, South CarolinaChief Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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