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:
Alcoa, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Alcoa, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
05-ALJ-07-0104-CC

APPEARANCES:
W. Thomas Lavender
Attorney for Petitioner Alcoa, Inc

Etta R. Williams
Attorney for SC DHEC
 

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


Brown Bldg.

 

 

 

 

 

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