ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS, Petitioner Springs Global US,
Inc. (“Springs”) owns and operates a manufacturing facility located in
Lancaster, South Carolina (“Grace Complex”); and
WHEREAS, on June 27, 2001, the South Carolina
Department of Health and Environmental Control (“DHEC”) issued National
Pollutant Discharge Elimination System (NPDES) and Land Application Permit,
Permit No. SC0003255, for discharges from the Grace Complex (“Existing Permit”)
to Petitioner Springs’ predecessor, Springs Industries, Inc.; and
WHEREAS, the Existing Permit expired on August 31, 2005; and
WHEREAS, Springs Industries, Inc.,
submitted a timely application to renew the Existing Permit; and
WHEREAS, on June 5, 2006, Respondent DHEC revised NPDES and Land Application Permit, Permit No. SC0003255, for
discharges from the Grace Complex (“Revised Permit”) to Petitioner Springs; and
WHEREAS, Petitioner Springs filed a Petition for Administrative
Review with the Administrative Law Court requesting review of certain terms and
conditions of the Revised Permit; and
WHEREAS, Respondent
DHEC received new information concerning Arsenic since the Revised Permit was
issued and intends to review certain water quality standards related to Arsenic
(“Review”); and
WHEREAS, Petitioner
Springs and Respondent DHEC agree it is in the best interest of both parties
for the Revised Permit to be rescinded to allow time for the Review to be
completed; and
WHEREAS, pursuant to
the foregoing, the parties agree that they freely and voluntarily
entered into this agreement and that said Order constitutes a full and final
resolution of this matter.
IT IS ORDERED, CONSENTED TO AND AGREED:
1. The Revised Permit shall be rescinded
by DHEC and shall be deemed null and void; and
2. The Existing Permit shall remain in
effect until such time as another revised permit becomes effective; the
Existing Permit is terminated at Petitioner Springs’ request; or the Existing
Permit is otherwise terminated pursuant to the provisions of 24 S.C. Code Ann.
Regs. R.61-9.122.64(a)-(b) (Supp. 2005); and
3. This Order constitutes a full and final resolution of this
matter; and
4. This matter is dismissed with
prejudice.
[Signature page to follow]
AND IT IS SO ORDERED.
________________________________________ September
15, 2006
Honorable Carolyn C. Matthews Date
Administrative Law Court Judge
WE CONSENT:
________________________________________ 9/06/06
Ethan R. Ware Date
W. Marshall Taylor, Jr.
McNair Law Firm, P.A
Attorneys for Petitioner
Springs Global US, Inc.
________________________________________ 09/06/06
Stephen P. Hightower Date
Attorney for Respondent
South Carolina Department of
Health
And Environmental Control
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