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 |