ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division pursuant to
the Petition for Administrative Review filed by Carolina Water Service, Inc. requesting a
contested case hearing regarding the Department’s issuance of NPDES Permit No. SC0027162
on June 30, 2003, for the Watergate Wastewater Treatment Facility. The parties have resolved
all issues in this matter and agree that the Department shall reissue NPDES Permit No.
SC0027162 to include a revised schedule of compliance which shall be written as follows:
PART IV. SCHEDULE OF COMPLIANCE
A. SCHEDULE(S)
1.This facility is identified in the Central Midlands 208 Plan for elimination via
connection to a regional sewer system. The Permittee will annually correspond with
the Regional Provider (with copy of the letter to the Department) requesting any
changes that the provider has made in the connection agreement and report within
sixty (60) days such written response by the Regional Provider to the Department as
to the status of the agreement.
If the Department determines that the terms and conditions of the connection
agreement disapproved by Public Service Commission Order No. 2003-10 have been
sufficiently modified or amended by the Regional Provider, or there has been any
relevant change in the PSC's regulations, State law, or the Permittee's tariff, or the
Permittee's rates have been sufficiently increased so as to justify the resubmission of
an application for approval of a connection agreement by the PSC, the Permittee
shall:
i.Submit said connection agreement to the PSC for its approval.
ii.Submit an administratively complete application to connect to the regional
system within 60 days of receipt of the SC PSC Order approving a contract.
iii.Start construction within 60 days of issuance of the SC DHEC Permit To
Construct.
iv.Complete construction within 180 days of starting construction.
v.Submit all record drawings and Engineer’s certification letter to SC DHEC,
within 30 days of completing construction.
vi.Discharge to the regional system upon receipt of SC DHEC Approval To
Place Into Operation.
2.The permittee shall achieve compliance with the effluent limitations specified for
discharges in accordance with the following schedule:
a.The following schedule shall be utilized to upgrade the treatment
facility, subject to the requirements of A.1. above. An upgrade must
meet the more stringent Total Cadmium, Total Copper, Total Lead
and Total Zinc limitations:
i. Submit an administratively complete preliminary engineering
report to upgrade the facility by March 1, 2004, or if the
facility can meet the final limits without an upgrade, submit a
written request by March 1, 2004, to place the final limits into
effect. If final limits are placed into effect, the remaining
schedule dates noted in (ii) through (v) below, will no longer be
applicable.
ii. Submit administratively complete plans and specifications for
facility upgrade by August 1, 2004.
iii. Start construction for facility upgrade by January 1, 2005.
iv. Complete construction for facility upgrade by January 1, 2006.
v. Comply with the final effluent limits by February 1, 2006.
3.The permittee shall achieve compliance with the Whole Effluent Toxicity limitations
specified for discharges in accordance with the following schedules:
Not applicable to this permit.
4.Reports of compliance or noncompliance with, or any progress reports on, interim
and final requirements contained in any compliance schedule of this permit shall be
submitted no later than 14 days following each scheduled date.
This matter is therefore dismissed in accordance with the above terms.
AND IT IS SO ORDERED.
____________________________________ Date: November 6, 2003
Ralph King Anderson, III
Administrative Law Judge |
