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 |