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 |