ORDERS:
CONSENT ORDER OF DISMISSAL
In Re: Administrative Order Number: 02-056-A
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Whitaker's Inc. of
Sumter's Petition for a Contested Case Hearing challenging the issuance of Administrative Order 02-056-A. The parties
have resolved all issues in this matter and agree that the operative portion of Administrative Order 02-056-A shall be
revised to read:
IT IS THEREFORE ORDERED THAT:
1. Whitaker's shall pay to the Department a civil penalty in the amount of five thousand dollars ($5,000.00). This penalty
shall be paid in ten monthly installments of five hundred dollars ($500.00) each. The first installment shall be due January
1, 2003, and installments shall be submitted each month thereafter until November 1, 2003.
- The Petitioner has submitted a permit renewal application to the Department's Bureau of Air Quality Control. When the
Department processes and issues the new permit for the facility, it shall require that Whitaker's submit Hazardous Air
Pollutant (HAP) reports to the Department on a basis no more frequent than a semiannual basis. However, Whitaker's
shall continue to calculate and keep monthly records of HAP emissions, in accordance with the terms of the permit.
- Upon issuance of this permit, the Petitioner shall henceforth comply with the applicable provisions of the Air Quality
Control Regulations, S.C. Code Ann. Regs. 61-62, and the terms and conditions of the permit.
AND IT IS SO ORDERED.
_______________________
Ray N. Stevens
Administrative Law Judge December 9, 2002 |
