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 |