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:
Brighton Beach Mobile Home Park, LLC vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Brighton Beach Mobile Home Park, LLC

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
03-ALJ-07-0112-CC

APPEARANCES:
Sam Finklea, III, Esquire
Attorney for SC DHEC

William F. Marscher, III, Esquire
Attorney for Brighton Beach Mobile Home Park
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Judge Division (“Division”) pursuant to the Petition of Brighton Beach Mobile Home Park requesting a Contested Case Hearing. Petitioner challenged the Respondent’s decision to issue Administrative Order 03-018-W on February 10, 2003. The parties have resolved all issues in this matter, and agree that the Petitioner shall, within 45 days of the effective date of this Order:


1. Complete the closure of the WWTF in accordance with the closure plan approved by the Respondent on November 8, 2002.


2. Properly abandon all ground water monitoring wells in accordance with Well Standards and Regulations, 25 S.C. Code Ann. Regs. 61-71, (Supp. 2002).


3. Pay the Respondent a civil penalty in the amount of twenty-one thousand five hundred dollars ($21,500.00), payable in quarterly installments over a period of twenty (20) quarters, together with interest on the outstanding balance of 8.75% annum, with the first installment of one thousand three hundred thirty-eight dollars and seventy eight ($1,338.78) due on July 1, 2003. The Petitioner may pay the penalty in full at any time.


In the event that the Petitioner fails to meet the requirements of paragraphs 1, 2, & 3 of this Order, the Petitioner shall pay to the Respondent, as a penalty, the sum of Twenty One Thousand Five Hundred and Ninety Three Dollars ($21,593.00) representing the unpaid balance of the original civil penalty of Forty-Three Thousand and Ninety-Three Dollars ($43,093.00) which had been assessed against Petitioner.


AND IT IS SO ORDERED.

______________________________

CAROLYN C. MATTHEWS

Administrative Law Judge


January 13, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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