ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a consent order. This contested case arose out of an
Administrative Enforcement Order, issued by the Respondent South Carolina Department of Health and Environmental
Control, Office of Ocean and Coastal Resource Management ("OCRM"), to the Petitioner for violations of a stormwater
permit issued for the Pavilion Condominiums. The Administrative Order cited Mr. Butch Clark of Pavilion Development
with violations of the South Carolina Stormwater Management and Reduction Act, S.C. Code Ann. §§ 48-14-10 et seq.
(Supp. 2000), and the regulations promulgated thereunder. OCRM ordered the following:
- Pay an administrative fine in the amount of $4,000;
- Remove all excess sediment and debris from the storm drains and roadway and dispose of it at an approved upland
location;
- Erect silt fencing, hay bales and/or sediment barriers around all four inlets as required by the permit;
- Erect silt fencing, hay bales and/or other sediment barriers around the detention pond and adjacent to the drainage
easement as required by the permit;
- Post a sediment and erosion control construction placard onsite;
- Provide a copy of stamped OCRM-approved plans on site.
The Petitioner timely requested a contested case hearing before this Division. No party has moved to intervene.
It has been determined that the Petitioner has come into compliance with the terms of the permit, the parties have agreed
upon a reduced fine of $1,500 in order to resolve the matter, to be paid within 30 days of the date of this Order.
THEREFORE, IT IS ORDERED that this action is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
October 21, 2002 |
