ORDERS:
CONSENT ORDER OF DISMISSAL
This matter arises out of an appeal by Clariant (LSM) America, Inc. (hereinafter
"Clariant"), of NPDES Permit No. SC0002682, which was reissued to Clariant by the
South Carolina Department of Health and Environmental Control (Department) on
October 29, 2002. Clariant currently discharges wastewater pursuant to a permit issued
on February 28, 1996.
The parties have agreed to resolve this matter through this consent order. The
Department will revoke the NPDES Permit No. SC 0002682 issued on October 29,
2002, and reissue the permit with the following changes:
1.The permit term will be until July 31, 2005, and sections of the permit that
apply until March 31, 2005 will be revised to apply through July 30, 2005.
Sections of the permit that apply to periods beginning on April 1, 2005,
including Section III(A)(3)(b), shall be deleted.
2.Section II(L)(4)(b) shall be revised to delete the sentence which presently
reads: "In addition, results from all invalid results must be appended to
DMRs."
3.The Department shall recalculate the discharge limitations for all
parameters listed in Section III (A)(4) of the Permit based on a 0.282 MGD
process flow.
4.Permit limits for BOD5 and TSS shall be revised to impose the same limits
imposed by Clariant's existing permit, issued February 28, 1996.
5.Section III(A)(2) shall be revised as follows: Upon the Department's
notification to the permittee in writing that the FDF has been denied (which
notification shall occur on the first day of the month following the resolution
of all appeals from EPA's denial of the FDF), and lasting through July 30,
2005, the permittee is authorized to discharge from outfall serial number
001: Process wastewater (includes contaminated storm water and
contaminated groundwater) and utility water.
6.Section V(A)(3) of the permit shall be deleted.
IT IS SO ORDERED.
________________________________
Ralph K. Anderson, III
Administrative Law Judge
Columbia, South Carolina
April 16, 2003 |
