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:
Clemson University vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Clemson University

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0163-CC

APPEARANCES:
John W. Davidson, Esquire
Attorney for Clemson University

Samuel L. Finklea, Esquire
Attorney for SC Department of Health and Environmental Control
 

ORDERS:

ORDER OF DISMISSAL

In Re: NPDES Permit No. SC0034843



This matter comes before the Division on Clemson University's petition for review of its reissued NPDES Permit No. SC0034843 (the Permit). The parties have agreed to a modification of the permit conditions and agree that such modification, once completed, will render this petition moot.



Specifically, the parties agree that:



-the interim limits page should be deleted;



-the requirement of Part I.D (Schedule of Compliance) to do a CORMIX study should be deleted and the section should be shown as "Not Applicable";



-Part I.D should be deleted;



-Parts I.B.1 and III.D.1 should be amended to change the requirement for a chronic pass-fail test to a multi-concentration test as CTC = 20%; and



-Part III.D.1.d of the Permit should be struck in its entirety and replaced by the following sentence: "If the facility passes toxicity testing for twelve consecutive months, the Department will assess whether the testing schedule may be amended to allow quarterly testing, or to discontinue testing altogether."



-DHEC will revise the Permit as described above, send it to the U.S. Environmental Protection Agency for review in accordance with routine practices, and issue it to Petitioner in accordance with routine practices.



I find that for good cause shown, and with the consent of the parties, this matter should be and hereby is dismissed.



AND IT IS SO ORDERED.





____________________________

Ralph King Anderson, III

Administrative Law Judge



March 6, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court