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:
Moore Sewer, Inc vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Moore Sewer, Inc

South Carolina Department of Health and Environmental Control

In Re: Madera Subdivision
 
DOCKET NUMBER:
02-ALJ-07-0485-CC

APPEARANCES:
Mason A. Summers, Esq.
Attorney for South Carolina Department Of Health and Environmental Control

John J. Pringle, Jr., Esq.
Attorney for Moore Sewer, Inc.
 

ORDERS:

Consent Order of Dismissal

The above-entitled consolidated matters are before the South Carolina Administrative Law Judge pursuant to Moore Sewer, Inc.’s requests for contested case hearings to challenge the South Carolina Department of Health and Environmental Control’s (Department) issuance of Administrative Orders 02-222-W and 02-223-W. The parties have resolved all issues in these contested cases, and agree that the Petitioner, Moore Sewer, Inc. shall:

1. Pay a civil penalty to the Department in the amount of ten thousand dollars ($10,000.00) to be paid in three (3) installments as follows:

$3334.00 on or before September 18, 2003;

$3333.00 on or before October 18, 2003; and

$3333.00 on or before November 18, 2003;

2. Complete close out of the Madera wastewater treatment facility in accordance with its Department approved closure plan and with Proper Closeout of Wastewater Treatment Facilities, 25A S.C. Code Ann. 61-82 (Supp. 2002), and Water Pollution Control Permits, 24 S.C. Code Ann. 61-9.503 (Supp. 2002), on or before December 12, 2003;

3. Submit an approvable closure plan to the Department for the Linville Hills wastewater treatment facility by September 18, 2003, and complete close out of the facility in accordance with the approved closure plan and with Proper Closeout of Wastewater Treatment Facilities, 25A S.C. Code Ann. 61-82 (Supp. 2002), and Water Pollution Control Permits, 24 S.C. Code Ann. 61-9.503 (Supp. 2002), on or before March 18, 2003;

In the event that the Petitioner fails to complete proper close out of the Madera facility by December 18, 2003, or fails to complete proper close out of the Linville Hills facility by March 18, 2003, the Petitioner agrees to pay a stipulated penalty in the amount of $3000.00 to the Department within thirty (30) days for such noncompliance with this Order. Petitioner further agrees to pay a stipulated penalty of $3000 every ninety (90) days thereafter until both facilities are properly closed out and closure is approved by the Department.

AND IT IS SO ORDERED.

August 25, 2003


Ralph King Anderson, III

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court