ORDERS:
CONSENT ORDER OF DISMISSAL
Jackson Pointe Development, Inc. is the developer responsible for land-clearing activities
at the residential subdivision known as Blue Ridge Plantation, located near Greer, South
Carolina. On August 12, 2004, the South Carolina Department of Health and Environmental
Control issued Administrative Order 04-157-W to Petitioner for numerous violations of the
Pollution Control Act, S.C. Code Ann. § 48-1-10 (1987), and applicable regulations and permits
pertaining to stormwater and sediment management. Petitioner appealed the Administrative
Order and the parties have now agreed to settle this appeal under the terms contained herein.
1)The parties agree that this Consent Order of Dismissal only covers the violations
expressly included in Administrative Order 04-157-W and that failure to observe
stormwater control requirements in subsequent activities at the Blue Ridge Plantation site
may result in new enforcement actions by the Department. Subsequent activities include
the ongoing requirement to maintain stormwater control measures.
2)Jackson Pointe Development, Inc. shall pay to the Department a civil penalty of twenty-five thousand dollars ($25,000.00) in four equal installments of six thousand two-hundred and fifty dollars ($6,250.00). The payments shall be made to the Department
such that they are received by Robin Foy, Stormwater Enforcement Section Manager, on
or before March 15, 2005, June 15, 2005, September 15, 2005, and December 15, 2005.
Payments shall be made payable to the S.C. Department of Health and Environmental
Control, include reference to AO 04-157-W and 04-ALJ-07-0293-CC, and be delivered
to SCDHEC, 2600 Bull Street, Columbia, S.C. 29201. Jackson Pointe Development
stipulates that failure to make timely payments will revive the original penalty of fifty
thousand dollars ($50,000.00) levied under Administrative Order 04-157-W and the
balance owed will be due within ten days.
3)Jackson Pointe Development, Inc. shall apply for a stormwater permit from the
Department for the un-permitted portion of the Blue Ridge Plantation site within thirty
(30) days of the final execution of this Consent Order of Dismissal. In making
application to the Department, Petitioner shall make all reasonable efforts to present an
acceptable application and assist the Department in the application process. Upon
submitting an application to the Department, Petitioner shall notify Robin Foy,
Stormwater Enforcement Section Manager, in writing. Jackson Pointe Development
stipulates that failure to make timely application or to act reasonably in applying will
revive the original penalty of fifty-thousand dollars ($50,000.00) levied under
Administrative Order 04-157-W and the balance owed will be due within ten days.
4)Jackson Pointe Development, Inc. shall submit to the Department (Robin Foy,
Stormwater Enforcement Section Manager), within thirty (30) days of Department staff
approval of the stormwater permit for the un-permitted areas, a report completed by a
South Carolina Register Professional Engineer certifying that all stormwater and
sediment controls have been installed and are properly functioning at the site. Jackson
Pointe Development stipulates that failure to timely implement the required controls or
submit this report will revive the original penalty of fifty-thousand dollars ($50,000.00)
levied under Administrative Order 04-157-W and the balance owed will be due within
ten days.
5)In the event that Jackson Pointe Development, Inc. fails to satisfy the terms of this
agreement that trigger the revival of the civil penalty by stipulation, the Department will
provide Petitioner written notice of noncompliance.
WHEREAS, Jackson Pointe Development, Inc. and the South Carolina Department of Health
and Environmental Control have agreed to the dismissal of this appeal.
IT IS ORDERED, that this action be dismissed.
________________________________
Judge Ray N. Stevens
S.C. Administrative Law Court
February 15, 2005
Columbia, South Carolina |
