ORDERS:
CONSENT ORDER
WHEREAS, this Court issued a Consent Order of
Dismissal (the “Original Order”) in the above-entitled consolidated matters on
August 20, 2003 between the Petitioner the South Carolina Department of Health
and Environmental Control (the “Department” or “SCDHEC”), and the Respondent,
Moore Sewer, Inc. ( “Moore Sewer”);
WHEREAS, these actions originated as
enforcement actions of two SCDHEC Administrative Orders (02-222-W and 02-223-W)
and the caption has heretofore erroneously identified the Department as the
Respondent and Moore Sewer, Inc. as the Petitioner and this Consent Order
corrects that error;
WHEREAS, the Respondent, Moore Sewer, Inc.,
failed to comply with this Court’s Original Order and on August 18, 2005, SCDHEC filed a Motion for Civil Contempt due to Respondent’s non-compliance;
WHEREAS, the parties agreed to resolve their
differences prior to a hearing being held on Tuesday, November 15, 2005, with
Respondent being represented by Julie F. McIntyre, Esquire, and Petitioner
being represented by John J. Pringle, Jr., Esquire; and
WHEREAS, the
parties placed their settlement agreements on the record and hereby replace the
Original Order with this Consent Order and the terms and conditions herein,
which shall have full force and effect as a judicial order:
1) Respondent shall pay to the Department an amount equal to
Twelve Thousand Dollars ($12,000) of the Twenty Four Thousand Dollar ($24,000)
civil penalty due and owing under the Original Order, as follows: Beginning
thirty (30) days after the filing of this Consent Order, Respondent shall pay
One Thousand Dollars ($1,000) per month for twelve (12) months. Payment shall
be made payable to the South Carolina Department of Health and Environmental
Control and shall be delivered to Robin Foy, SCDHEC, 2600 Bull Street, Columbia, SC 29201. Payments must be received no later than five (5) days past the due
date. The remaining Twelve Thousand Dollars ($12,000) shall be suspended and
shall be waived by the Department provided that Respondent fully complies with
the requirements of this Consent Order.
2) Within ninety (90) days of the filing of this Consent
Order, Respondent shall complete close out of the Madera Subdivision wastewater
treatment facility in accordance with its Department approved closure plan and
with Proper Closeout of Wastewater Treatment Facilities, 25A S.C. Code
Ann. 61-82 (Supp. 2004), and Water Pollution Control Permits, 24 S.C.
Code Ann. 61-9.503 (Supp. 2004). Closeout is subject to the Department’s final
inspection and approval.
3) Within ninety (90) days of the filing of this Consent Order, Respondent
shall complete close out of the Linville Hills Subdivision wastewater treatment
facility in accordance with its Department approved closure pan and with Proper
Closeout of Wastewater Treatment Facilities, 25A S.C. Code Ann. 61-82
(Supp. 2004), and Water Pollution Control Permits, 24 S.C. Code Ann.
61-9.503 (Supp. 2004). Closeout is subject to the Department’s final
inspection and approval.
4) Respondent shall allocate at least three (3) days a week to
completing the closeouts described in Paragraphs 2 and 3 above (weather
permitting) until completion and will submit verbal or written reports to the
SCDHEC Regional point of contact on a weekly basis.
If
Respondent fails to complete proper closeout of the Madera Subdivision and
Linville Subdivision wastewater treatment facilities within the timeframes set
forth in Sections 2 and 3 above or if Respondent fails to make timely payment
of any required payment set forth in Section 1 above, within five (5) days of
such failure, Respondent shall pay to the Department the Twelve Thousand Dollar
($12,000) civil penalty suspended in Section 1 above. In addition, if Petitioner
fails to complete proper closeout of the Madera Subdivision and Linville
Subdivision wastewater treatment facilities within the timeframes set forth in
Sections 2 and 3 above, Respondent agrees to pay a stipulated penalty in the
amount of Three Thousand Dollars ($3,000) to the Department for each and every
additional 90-day period that Respondent fails to complete closeout of the
facilities.
IT IS FURTHER ORDERED that if Respondent, Moore Sewer,
Inc., fails to closeout both facilities within ninety (90) days of the filing
of this Consent Order or fails to make any payment as required under this
Consent Order, that Petitioner’s attorney will submit to the Court an affidavit
outlining Respondent’s non-compliance, and Petitioner’s attorney may renew the
Department’s Motion for Civil Contempt. Upon this Court’s receipt and filing
of such affidavit and renewal of the Motion for Civil Contempt, this Court
shall schedule a hearing to address such non-compliance.
IT IS SO
ORDERED.
________________________________
Ralph King Anderson, III
Administrative Law Judge
November 30,
2005
Columbia, South Carolina |