ORDERS:
CONSENT ORDER OF DISMISSAL
Rolling Meadows, LLC,
d/b/a Rolling Meadows Mobile Home Park, appealed the National Pollutant
Discharge Elimination System Permit (No. SC0033685) issued by the South
Carolina Department of Health and Environmental Control. The parties have now
agreed to settle this appeal under the terms contained herein.
1) The parties agree that this Consent Order of Dismissal
resolves Rolling Meadows’ appeal of NPDES Permit No. SC0033685, bearing the
following dates: Issued—December 15, 2004; Effective—February 1, 2005; and
Expires—May 31, 2009.
2) All provisions of the permit shall remain as previously
written with the exception of the following substitutions:
a) Permit Holder: The permit shall reflect that the permit
holder is Rolling Meadows I, LLC; Rolling Meadows Mobile Home Park.
b) Dates: Issued—December 15, 2004; Effective—July 1, 2005;
and Expires—May 31, 2009.
c) Part IV(A)(1) of the permit shall provide:
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedules:
a. In accordance with the Areawide 208 Water Quality Management
Plan, this treatment facility is considered a temporary facility and will need
to connect to the regional sewer system if connection becomes feasible (and
thereby eliminate the discharge).
b. Rolling Meadows shall provide to the Department annually,
beginning January 15, 2007, a written cost estimate for connecting to the
regional sewer system or provide a written statement that costs have not
changed substantially from the prior year. Upon the Department’s determination
that connecting to the regional sewer system is feasible, Rolling Meadows shall
pursue, with due diligence, connecting to the regional sewer system and
elimination of discharge. Within sixty (60) days of written notice from the
Department requiring connection, Rolling Meadows shall submit to the Department
a construction permit application for connection and elimination. Connection
and elimination shall be completed within one year of receiving notice from the
Department.
c. This facility must be closed out in strict compliance with
Regulations 61-9.503, 61-82, and 61-67.300(F)(17). The closure plan must be
approved by the Department prior to the elimination of the facility.
WHEREAS,
Rolling Meadows, LLC, and the South Carolina Department of Health and
Environmental Control have agreed to the dismissal of this appeal based on the
terms stated above.
IT IS ORDERED
that this action be DISMISSED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
June
16, 2005
Columbia, South Carolina |
