ORDERS:
CONSENT ORDER
This contested case comes before the Administrative Law Judge Division (ALJD) pursuant to an
agency transmittal of a request for a contested case hearing filed by Jesse Black, d/b/a Cliffdale Road
Land-Clearing Debris Landfill (Petitioner). Petitioner appealed Administrative Order 02-31-SW, executed
by the South Carolina Department of Health and Environmental Control (Department) on September 30,
2002, and served on Petitioner on November 19, 2002. Prior to a hearing being held, and in the interest
of resolving this matter without the delay and expense of additional litigation, the parties have reached an
agreement whereby Petitioner does not agree with or deny the findings of fact or conclusions of law in
Administrative Order 02-31-SW (Administrative Order), but agrees that this Consent Order does not
prohibit the Department from using such facts as stated in the Administrative Order as may be necessary
in its enforcement of this Consent Order or subsequent actions against Petitioner by the Department.
Further, the Administrative Order revoked Petitioner’s permit for a land clearing debris landfill. The
parties herein agree that, pursuant to this Consent Order, Petitioner’s permit is not revoked, but he
remains responsible for compliance with the terms of his permit and/or all applicable regulations.
The parties stipulate that the ALJD shall have continuing jurisdiction of this matter for
the twelve months following the entry of this Consent Order, and that either party may petition
the ALJD for immediate hearing during this twelve months concerning issues related to the
terms of the Petitioner’s permit and/or compliance with applicable regulations.
The parties further stipulate that they have agreed that the civil penalty assessed in the
Administrative Order is reduced to six thousand dollars ($6,000.00) and that this penalty is
suspended, provided that Petitioner does not violate the requirements of his permit and/or
applicable regulations within the twelve (12) months following the entry of this Consent Order.
If the Petitioner violates the requirements of his permit and/or the applicable regulations, then
the entire stipulated penalty shall be due and payable upon written notice by the Department to
Petitioner and to the ALJD, subject to the continuing jurisdiction of the ALJD, as stated above.
In the event that neither party seeks redress from the ALJD within the next twelve
months following entry of this Order, then the parties shall notify the ALJD that there are no
remaining issues, and Petitioner’s appeal shall be dismissed with prejudice.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested
case is removed from the active docket for a period of one year. If neither party has sought redress from
the Court at that time, this matter shall be dismissed with prejudice.
IT IS SO ORDERED.
Honorable Carolyn C. Matthews
Administrative Law Judge
August 19, 2003
Columbia, South Carolina |
