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 |
