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:
GS Roofing Products vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
GS Roofing Products

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
05-ALJ-07-0154-CC

APPEARANCES:
Lauren P. Alterman
Associate General Counsel
(In-house counsel for Petitioner)

Tracy M. Ray
SC Bar. No. 70771
Staff Attorney
S.C. Department of Health and Environmental Control
 

ORDERS:

Consent Order of Dismissal

COME NOW counsel for Petitioner GS Roofing Products (GS Roofing) and Respondent, South Carolina Department of Health and Environmental Control (DHEC), and announce to the Court that this matter may be dismissed with prejudice. In settling this matter, the parties have agreed to the following:

1. DHEC will allow GS Roofing to come under coverage of the existing NPDES General Permit for Storm Water Discharges Associated with Industrial Activity, SCR00000 (General Permit), for the outfalls at its Facility located at 2900 Bird Street, North Charleston, South Carolina 29405 (Facility). In agreeing to fall under coverage of the General Permit, GS Roofing agrees to each and every term and condition of the General Permit.

2. The General Permit coverage extends only to storm water discharges. This Consent Order of Dismissal does not address any process wastewater discharges. Should GS Roofing generate any discharges other than storm water that may be covered by the General Permit in the future, GS Roofing must submit the appropriate complete application for wastewater discharge to DHEC. Until the proper permit is issued by DHEC, GS Roofing agrees no wastewater will be discharged from the Facility.

3. GS Roofing agrees to withdraw its appeal of National Pollutant Discharge Elimination System (NPDES) Permit Number SC0002771.

4. Both parties may move to enforce the terms of this agreement by seeking from an Administrative Law Judge of the South Carolina Administrative Law Court an order for contempt of court, injunctive relief, and / or such other remedial writs or relief provided by law.

IT IS HEREBY ORDERED that the Petition for Administrative Review be, and the same is hereby, dismissed with prejudice.

_________________________________

Ralph King Anderson, III

Administrative Law Judge

February 8 , 2006

Columbia, South Carolina


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