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:
J. Carthen Prosser, d/b/a Energy Miser Heating & Cooling, Inc vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
J. Carthen Prosser, d/b/a Energy Miser Heating & Cooling, Inc

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
03-ALJ-07-0200-CC

APPEARANCES:
E. Katherine Wells, Esq.
Office of General Counsel
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
(803) 898-3350

J. Carthen Prosser
Energy Miser Heating & Cooling, Inc.
P.O. Box 14807
Surfside Beach, SC 29587
(843) 651-8364
 

ORDERS:

CONSENT ORDER OF DISMISSAL WITH PREJUDICE

This matter is before the South Carolina Administrative Law Judge Division (ALJD) pursuant to Petitioner’s request for a Contested Case Hearing to challenge Administrative Order 03-053-DW, which was issued by the South Carolina Department of Health and Environmental Control (DHEC or Department) on April 8, 2003. The parties wish to bring litigation of this matter to a close by entering into the following agreement.

THEREFORE, IT IS ORDERED:

(1)The Petitioner shall immediately cease the practice of installing wells in the State of South Carolina until he obtains certification as a well driller from the Environmental Certification Board of the South Carolina Department of Labor, Licensing and Regulation.

(2)The Petitioner shall, within thirty (30) days of the effective date of this Order, hire a South Carolina-certified well driller to properly repair each of the heat pump supply wells referenced in Administrative Order 03-053-DW. Prior to having the repair of the wells performed, the Petitioner or the certified well driller hired by Petitioner shall contact the Waccamaw Environmental Quality Control District Office at (843) 448-1902 so that appropriate DHEC staff can observe the repairs.

(3)The Petitioner shall, within thirty (30) days of the effective date of this Order, submit to the Department a civil penalty in the amount of three thousand dollars ($3,000.00).

Accordingly, by and with the consent of the parties, IT IS ORDERED AND AGREED that this contested case be DISMISSED with prejudice.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

June 26, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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