ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the ALJ Division upon a petition by the Town of Summerville for
review of the Department’s action in issuing a Total Maximum Daily Load (TMDL) for Sawmill
Branch and Dorchester Creek, Dorchester County, South Carolina. The parties have resolved
their differences.
Sawmill Creek and Dorchester Creek are included on the list of impaired waters required
by Section 303(d) of the Clean Water Act; both streams are listed as impaired for fecal coliform.
The contested TMDL identifies the reduction in fecal coliform concentrations required for both
streams to meet applicable water quality standards.
Summerville has submitted a joint application along with Dorchester County for a
Municipal Separate Storm Sewer System (MS4) Permit. While this application is for an
individual permit, DHEC intends to issue a general MS4 permit and anticipates that
Summerville and Dorchester County will be eligible for coverage under the general permit.
DHEC agrees that compliance by Summerville and Dorchester County with this joint MS4
permit, be it individual or general, will result in fulfillment of their obligations under the TMDL
within their designated MS4 area.
Based on DHEC’s agreement as set forth above, Summerville agrees to withdraw its
petition in the pending case.
Accordingly, and with the consent of the parties, this case is DISMISSED.
AND IT IS SO ORDERED.
JOHN D. GEATHERS
Administrative Law Judge
July 7, 2003
Columbia, South Carolina |
