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 |