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:
Kiawah Resort Associates, LP vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Kiawah Resort Associates, LP

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
05-ALJ-07-0516-CC

APPEARANCES:
W. Thomas Lavender, Jr.
Joan W. Hartley
NEXSEN PRUET ADAMS KLEEMEIER, LLC
Attorneys for Petitioner Kiawah Resort Associates, LP

Leslie S. Riley

Chief Counsel, OCRM South Carolina Department of Health and Environmental Control
Attorney for Respondent South Carolina Department of Health and Environmental Control
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Court pursuant to Petitioner Kiawah Resort Associates, LP’s (“Petitioner”) Request for a Contested Case Hearing seeking review of the decision of the Bureau of Water Quality, South Carolina Department of Health and Environmental Control (“Department”) to include certain additional conditions in the reissuance of National Pollutant Discharge Elimination System Surface Water Discharge (“NPDES”) Permit SC0048186 (“Permit”). The parties have agreed to modifications of the permit conditions and agree that such modifications, once completed, will render the petition for review of the Permit moot. Specifically, the parties agree that the Department will revise the Permit as follows:

1.                  The Department will remove the effluent limitations and monitoring requirements for arsenic, copper, and silver set forth in Part III.A.1.

2.                  The Department will revise Part III.B to provide for a chronic test concentration of 7.2% for Whole Effluent Toxicity (“WET”) Limitations and Monitoring Requirements with the additional condition that after four consecutive tests within the discharge limits, no further toxicity testing will be required. The amended Section III.B will read as follows:

B. Whole Effluent Toxicity Limitations and Monitoring Requirements

During the period beginning on the effective date, and lasting through the expiration date, the permittee is authorized to discharge from outfall 001:

Such discharge shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

 

Quarterly Average1

Maximum1

Measurement Frequency

Sample Type

Mysidopsis bahia Chronic Whole

Effluent Toxicity

@ CTC = 7.2%

25 %2

40 %2

1/Quarter3; Stop testing after four (4) consecutive tests within the discharge limits

24 hour composite

Mysidopsis bahia Chronic Whole

Effluent Toxicity-Growth

@ CTC = 7.2%

MR %2

MR %2

1/Quarter3; Stop testing after four (4) consecutive tests within the discharge limits

24 hour composite

Mysidopsis bahia Chronic Whole

Effluent Toxicity-Fecundity

@ CTC = 7.2%

MR %2

MR %2

1/Quarter3; Stop testing after four (4) consecutive tests within the discharge limits

24 hour composite

Mysidopsis bahia Chronic Whole

Effluent Toxicity- 7-day Survival

@ CTC = 7.2%

MR %2

MR %2

1/Quarter3; Stop testing after four (4) consecutive tests within the discharge limits

24 hour composite

1Quarterly average is defined as the mean of percent effects for all valid tests performed during the monitoring period following the procedures given in Part V.B.1.i.d. Maximum is defined as the highest percent effect of all valid tests performed during the monitoring period following the procedures in Part V.B.1.i.d.

2See Part V.B.1 for additional toxicity reporting requirements. MR = Monitor and Report.

3Valid test must be separated by at least 13 days (from the time the first sample is taken to start one test until the time the first sample is taken to start a different test). There is no restriction on when a new test may begin following a failed or invalid test. After four (4) consecutive tests at a chronic test concentration of 7.2% within the discharge limitations provided herein above, then no future testing will be required.

a. Samples used to demonstrate compliance with the discharge limitations and monitoring requirements specified above shall be taken at or near the final point-of discharge but, prior to mixing with the receiving waters or other wastes streams.

b. If only one valid test is conducted during a quarter, results from that test must be used to assess compliance with the quarterly average limit as well as the maximum limit. If more than one valid test is completed during the quarter, the mean percent inhibition of all valid tests must be used to demonstrate compliance with the quarterly average limit.

c. Valid test results from split samples shall be reported on the DMR. For reporting an average on the DMR, individual valid results for each test from a split sample are averaged first to determine a sample value. That value is averaged with other sample results obtained in the reporting period and the average of all sample results reported. For reporting the maximum on the DMR, individual valid results for each test from a split sample are averaged first to determine a sample value. That value is compared to other sample results obtained in the reporting period and the maximum of all sample results reported. For the purposes of reporting, split samples are reported as a single sample regardless of the number of times it is split. All laboratories used shall be identified on the DMR attachment.

I find that for good cause shown, and with the consent of the parties, this matter should be and hereby is dismissed upon issuance of the amended Permit containing the modifications described above. Jurisdiction will be retained over this matter until the parties provide notice that the modifications have been completed.

AND IT IS SO ORDERED.

______________________________

The Honorable Marvin F. Kittrell

Administrative Law Judge

July 12, 2006

Columbia, South Carolina


WE CONSENT:

__________________________________________

W. Thomas Lavender, Jr.

Joan W. Hartley

NEXSEN PRUET ADAMS KLEEMEIER, LLC

Post Office Drawer 2426

Columbia, South Carolina 29202-2426

(803) 771-8900

Attorneys for Petitioner Kiawah Resort Associates, LP

___________________________________________

Leslie S. Riley

Chief Counsel, OCRM

South Carolina Department of Health

and Environmental Control

1362 McMillan Avenue, Suite 400

Charleston, South Carolina 29405

Attorney for Respondent South Carolina Department of Health

and Environmental Control


Brown Bldg.

 

 

 

 

 

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