South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDHEC vs. Moore Sewer, Inc.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
South Carolina Department of Health and Environmental Control

Respondent:
Moore Sewer, Inc.

In Re: Linville Hills Subdivision
 
DOCKET NUMBER:
02-ALJ-07-0484-CC

APPEARANCES:
John J. Pringle, Jr. Esq.
Attorney for Respondent
Moore Sewer, Inc.

Julie F. McIntyre, Esq., SC Bar #74013
Attorney for Petitioner
S.C. Department of Health and Environmental Control
 

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


Brown Bldg.

 

 

 

 

 

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