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 |