South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Carolina Water Service, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Carolina Water Service, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0303-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter is before the Administrative Law Judge Division as a contested case proceeding in which Petitioner Carolina Water Service, Inc. ("CWS") appeals Administrative Order 99-065 issued by Respondent Department of Health and Environmental Control ("Department"). In the Administrative Order, the Department finds violations of the South Carolina Pollution Control Act, S.C. Code Ann. §§ 48-1-10 et seq. (1998 Cum. Supp.) for unauthorized discharges arising out of overflows from CWS's lift stations serving the Riverhill Subdivision in York County. Petitioner has set forth various defenses in its appeal including, inter alia, that the discharges for which the Department seeks to impose civil penalties were the result of Acts of God, not CWS's negligence, and are therefore exempt from liability under S.C. Code Ann. § 48-1-300 (1976). Prior to the hearing in this matter, an agreement was reached between the parties to settle this matter via the consent order attached hereto as Appendix A.

IT IS THEREFORE ORDERED that this case is hereby DISMISSED with prejudice.

AND IT IS SO ORDERED.



_______________________________

Ralph King Anderson, III

Administrative Law Judge





February 22, 2000

Columbia, South Carolina







APPENDIX "A"





THE STATE OF SOUTH CAROLINA

BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL



IN RE: CAROLINA WATER SERVICE, INC./RIVER HILLS SUBDIVISION

YORK COUNTY

CONSENT ORDER

99-065-W



Carolina Water Service, Inc. (Respondent) owns and is responsible for the proper operation and maintenance of a wastewater collection system (WWCS) which serves the residents of River Hills Subdivision located in York County, South Carolina.

A review of the Respondent's file by the South Carolina Department of Health and Environmental Control (Department) revealed a violation of the Pollution Control Act in that a bell joint on one of Respondent's force mains cracked, resulting in an unauthorized discharge of untreated wastewater into the environment.

In accordance with approved procedures and policy, the Department has determined that it is appropriate and necessary to issue this Order to include the following Findings of Fact and Conclusions of Law.

1. On September 24, 1998, a discharge occurred behind 310 Blucher Road. The Respondent notified the Department of the discharge by telephone. Department personnel visited the site on September 25, 1998. The volume of wastewater spilled was estimated at less than one thousand (1000) gallons, with less than four hundred (400) gallons entering waters of the state. The spill report prepared by the Respondent indicated that the discharge was due to a force main that was cracked at the bell joint. The Respondent cut out the damaged section of pipe and replaced it with new pipe and clamping. After the repairs were completed, lime was applied to the site.

CONCLUSIONS OF LAW

Based upon the above Findings of Fact, the Respondent has violated the Pollution Control Act and regulations promulgated thereunder S.C. Code Ann. § 48-1-10 et seq., (1976, as amended), as follows:

1. The Respondent is in violation of Code § 48-1-90(a) for discharging waste into the environment without a permit.

2. Code § 48-1-330 provides for a civil penalty not to exceed ten thousand dollars ($10,000.00) per day of violation.

NOW, THEREFORE, IT IS ORDERED, pursuant to §48-1-10 et seq., (1976, as amended), that the Respondent shall:

1. Within sixty (60) days of the date of execution of this Order, complete a sewer system evaluation study (SSES) of the WWCS to determine if the existing lift station pumps are of adequate capacity. The SSES should include a draw-down study of each lift station.

2. Within thirty (30) days of the execution date of this Order, install more effective lightning arrestors on the lift station at 55 Marina Road.

3. Within thirty (30) days of the date of execution of this Order, pay to the department a civil penalty in the amount of three thousand five hundred dollars ($3,500.00).

IT IS FURTHER ORDERED that failure to comply with any provision of this Order shall be grounds for further enforcement action pursuant to § 48-1-10 et seq., (1976, as amended), to include the assessment of civil penalties.

PURSUANT TO THIS ORDER, all requirements to be submitted to the Department shall be addressed as follows:

Anastasia Hunter-Shaw

Bureau of Water-Enforcement Division

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, S.C. 29201



The Respondent shall confirm, in writing, completion of Order requirements to the above address within five (5) days of completion.

IT IS FURTHER ORDERED AND AGREED that failure to comply with any provision of this Order shall be grounds for further enforcement action.

THE SOUTH CAROLINA DEPARTMENT OF

HEALTH AND ENVIRONMENTAL CONTROL



DATE:

Douglas E. Bryant,

Commissioner



WE CONSENT:

Carolina Water Service, Inc.



DATE: By:

Its:





DATE:

Alton Boozer, Chief

Bureau of Water





DATE:

Valerie A. Betterton, Director

Water Enforcement Division





DATE:

Kelly D.H. Lowry

Attorney for Department


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