ORDERS:
CONSENT ORDER OF DISMISSAL
COME
NOW counsel for Petitioner South Carolina Department of Health and
Environmental Control (DHEC or the Department) and Respondent Charles R.
Merritt (Merritt) and announce to this Court that this matter may be dismissed
with prejudice. In settling this matter, the parties have agreed to the
following:
1. Charles
Merritt will retain a Department-licensed asbestos abatement contractor to
properly remove and dispose of ACM disturbed during removal activities in March
2004. The cleanup shall include, at a minimum, the abatement of disturbed ACM
in and around the boiler house and any other area that was contaminated by the
improper removal and temporary storage of ACM. The disposal of the ACM shall
be at a Department-approved landfill and waste shipment records shall be
submitted to the Department. The abatement and disposal activities shall be
completed within sixty (60) days of the execution date of this Order.
2. Charles
Merritt shall secure and maintain the site in such a manner that the general
public cannot gain access to the site. Securing the site includes, at a
minimum, repairing and maintaining the perimeter fence, with eight feet of
cleared space outside the fence.
3. Charles
Merritt is the responsible person for the site and shall be the responsible
person should problems arise at the Seminole Mills site in the future.
4. The
Department will waive the $12,000.00 civil penalty assessed against Mr. Merritt
in Administrative Order 05-020-A, provided Charles Merritt complies with the
terms of this Consent Order of Dismissal.
5. Either
party may move to enforce the terms of this agreement by seeking remedial
relief with the South Carolina Administrative Law Court.
IT
IS HEREBY ORDERED that the Petition for Administrative Review be, and the
same is hereby, DISMISSED with prejudice.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
April 25, 2006
Columbia, South Carolina |
