ORDERS:
CONSENT ORDER OF DISMISSAL
The above-entitled matter is before the South Carolina Administrative Law Judge Division
pursuant to Petitioner’s request for a contested case hearing to challenge the South Carolina
Department of Health and Environmental Control’s (Department) issuance of Administrative Order
03-10-SW. Administrative Order 03-10-SW cited Petitioner for engaging in the unauthorized open
dumping of construction and demolition debris, tires, and other wastes at his beneficial fill site located
at 4225 Walnut Grove Road (hereinafter referred to as “the Site”) in Roebuck, South Carolina.
Petitioner has taken corrective actions to remove the unauthorized materials. The parties have
resolved all issues in this case prior to trial, and agree that Petitioner, Robert Peek, shall:
1.stabilize the slopes of the beneficial fill site to minimize erosion and to control water run-on/runoff by seeding with grass those sloped sections which do not have an existing vegetative cover. After seeding these areas, Petitioner shall cover the seeded areas with straw. Petitioner shall submit a letter to the Department within forty-five (45) days after the execution of this Order, certifying that he has completed this work.
This letter shall be mailed to: SCDHEC, BLWM, Solid Waste Enforcement Section, 2600 Bull Street, Columbia, SC 29201-1708.
2.pay to the Department a civil penalty in the amount of seven thousand dollars ($7000.00). Payments shall be made in twelve (12) quarterly payments. The first payment shall be due on January 21, 2004. Payments shall be due every ninety (90) days thereafter. Each payment shall be in the amount of $669.56 (this figure includes annual interest in the amount of 8.75%). Payments shall be mailed to: SCDHEC, BLWM, Solid Waste Enforcement Section, 2600 Bull Street, Columbia, SC 29201-1708.
This matter is therefore DISMISSED in accordance with the above terms.
AND IT IS SO ORDERED.
______________________________Date: 10-27-03
JOHN D. GEATHERS
Administrative Law Judge |