SC Administrative Law Court Decisions

WHEREAS, Respondent Springs Industries, Inc. (“Springs”), filed a Request for Contested Case Hearing with the Administrative Law Court requesting review of the decision on December 19, 2005, by the South Carolina Department of Health and Environmental Control (“DHEC”) to revoke all permits (construction permits, state operating permit, and other permits) issued by the Bureau of Air Quality (“Decision”); and

WHEREAS, Respondent Springs owns a manufacturing facility located in Fort Lawn, South Carolina (“Elliott/Frances Plant”) and operated the facility pursuant to Air Permit No. 0640-0036 (“Permit”) effective April 1, 2005; and

WHEREAS, Petitioner DHEC is responsible for issuing air permits in compliance with the provisions of the South Carolina Pollution Control Act, S.C. Code Sections §§ 48-1-10 et seq., and the Air Pollution Control Regulations and Standards, S.C. Code Regs. R.61-62; and

WHEREAS, Respondent Springs notified the Department on December 12, 2005, Springs had temporarily ceased manufacturing operations at the Elliott/Frances Plant and requested DHEC deactivate the Permit as of November 30, 2005; and

WHEREAS, it was not the intent of Springs for the interruption in manufacturing processes to be permanent; and

WHERAS, prior to deactivation of the Permit becoming effective at DHEC, the facts applicable to the Elliott/Frances Plant on November 30, 2005, no longer required deactivation of the Permit under applicable laws and regulations; and

WHEREAS, Respondent Springs now has determined manufacturing operations requiring the Permit should be resumed at the Elliott/Frances Plant, and Springs has demonstrated a continuous intent to reopen the facility; and

WHEREAS, Respondent Springs filed a timely Request for Contested Case Hearing prior to the Decision becoming final and effective; and

WHEREAS, Respondent Springs has not operated manufacturing processes at the Elliott/Frances Plant since November 30, 2005; and

WHEREAS, Petitioner DHEC has determined allowing the Permit to remain in effect is consistent with applicable laws and regulations; and

WHEREAS, issuance of new air permits for operation of the Elliott/Frances Plant would be unnecessary and not the best use of DHEC permitting resources; and

WHEREAS, Respondent Springs and Petitioner DHEC agree it in the best interest of both parties for the Decision not to become final and effective; 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. The Decision shall not become final and effective and is deemed null and void; and
2. All Permit requirements for the period from November 30, 2005 through the date of this Order (“Shutdown Period”) remained effective during the Shutdown Period; and
3. All air emission permits (construction permits, state operating permit, and other permits) in effect on December 19, 2005, subject to the deactivation request submitted to the Bureau of Air Quality by Springs, shall be deemed to continue in effect as if the Decision had never been issued; and
4. This Order constitutes a full and final resolution of this matter; and
5. The Administrative Law Court shall retain continuing jurisdiction to enforce this Order; and
6. This matter is dismissed with prejudice.

[Signature page to follow]

AND IT IS SO ORDERED.

______________________________________

Ralph King Anderson, III Date: March 7, 2006

Administrative Law Court Judge

WE CONSENT:

______________________________________ __________________

Tracy Masters Ray Date

Attorney for Petitioner

South Carolina Department of Health

And Environmental Control

______________________________________ __________________

Ethan R. Ware Date

W. Marshall Taylor

McNair Law Firm, P.A.

Attorneys for Respondent

Springs Industries, Inc.