ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS,
Petitioner Alcoa, Inc. (“Alcoa”) filed a Petition for Administrative Review
with the Administrative Law Court (“ALC”) requesting review of certain
provisions of the National Pollutant Discharge Elimination System (“NPDES”)
General Permit for Storm Water Discharges From Large and Small Construction
Activities, Permit No. SCR100000 (“General Permit”), issued by the South
Carolina Department of Health and Environmental Control (“DHEC” or “the
Department”), on February 10, 2005, with an effective date of April 1, 2005;
and,
WHEREAS,
Petitioner Alcoa and/or its affiliates operate several manufacturing facilities
in South Carolina that are permittees under the current permit and have a
direct and immediate interest in the terms of the Permit as re-issued; and,
WHEREAS,
Respondent DHEC is responsible for issuing the General Permit in compliance
with the provisions of the South Carolina Pollution Control Act, S.C. Code Ann.
§§ 48-1-10 et seq., and the provisions of the Clean Water Act, 33 U.S.C.
§§ 1251 et seq., as amended; and,
WHEREAS,
Petitioner Alcoa and Respondent DHEC have agreed upon revisions to the General
Permit as reflected in Attachment A; and,
WHEREAS,
the United States Environmental Protection Agency (“EPA”) has reviewed the
above-referenced revisions to the General Permit and have confirmed via a
letter (Attachment B) from James D. Giattina, Director of the Water Management
Division, that the EPA believes Respondent DHEC has met its obligation in
drafting a storm water general permit that meets the requirements of the Clean
Water Act; and,
WHEREAS,
Respondent DHEC has agreed to revise the General Permit to reflect the form of
Attachment A; and,
WHEREAS,
Respondent DHEC has agreed to issue technical guidance on or before July 1,
2006, for use in drafting and assessing Stormwater Pollution Prevention Plans
required by the General Permit; and,
WHEREAS,
pursuant to the foregoing, the parties agree that they freely and voluntarily
entered into this agreement and that said Order constitutes a full and final resolution
of this matter.
IT
IS ORDERED, CONSENTED TO, AND AGREED:
1. Respondent DHEC will revise the
General Permit to reflect the form of Attachment A; and,
2. Respondent DHEC will issue
technical guidance on or before July 1, 2006, for use in drafting and assessing
Stormwater Pollution Prevention Plans required by the General Permit; and,
3. this Order constitutes a full
and final resolution of this matter; and,
4. the Administrative Law Court
shall retain continuing jurisdiction to enforce this Order; and,
5. this matter is dismissed with
prejudice.
AND IT IS SO ORDERED.
s/John D. Geathers______________ 12-16-05_______
John D. Geathers Date
Administrative Law Judge |