ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from
G.L. Williams Construction and Demolition directing the conduct of a hearing to challenge the
South Carolina Department of Health and Environmental Control’s (“DHEC’s”) modifications to
G.L. Williams Construction and Demolition Landfill Permit - Facility ID # 022481-1201 issued to
the Petitioner on July 11, 2003 (“the July 2003 Permit Modification”), and relating to the
operation of a Construction & Demolition (C&D) Landfill located at 558 Rainbow Falls Road in
Aiken County, South Carolina. Prior to a hearing being held, the parties have reached an
agreement which will effectively conclude this matter without any findings of fact or adjudication
of the issues. Therefore, G.L. Williams Construction and Demolition’s Petition appealing the
July 2003 Permit Modification may be dismissed.
The Petitioner and Respondent further announce that they have agreed to a revised
closure cost estimate, form of financial assurance to secure closure, and permit conditions for the
Site. This agreement will be reflected in DHEC amendments or modifications to the July 2003
Permit Modification, the DHEC cover letter attached thereto dated July 11, 2003, and an internal
DHEC memorandum dated April 10, 2003, from Jeffrey T. Herbig, P.E. to Robert L. Gill, P.E.,
as follows:
1. The parties agree that the revised cost estimate for the site is $40,000 ($30,000-Solid
Waste portion and $10,000-Mining Reclamation Bond) for two and a half (2.5) acres. The July
11, 2003, cover letter to the July 2003 Permit Modification and the April 10, 2003, internal
DHEC memorandum will be modified to so reflect.
2. A certificate of deposit (CD) will be acceptable as a form of financial assurance to
secure the $30,000 solid waste portion of the cost estimate. The cover letter to the July 2003
Permit Modification and the April 10, 2003, internal DHEC memorandum will be modified to so
reflect.
3. The July 2003 Permit modification and the April 10, 2003, internal DHEC
memorandum will be further amended by adding a new paragraph A.9. to the C&D Permit that
will read: “The Permittee shall maintain 8,067 cubic yard of onsite soil no further than fifty (50)
feet from the perimeter of the landfill.”
4. Paragraph A.7. of the July 2003 Permit Modification and Paragraph 2 of the April 10,
2003, internal DHEC memorandum will be modified by adding a sentence at the end of the
paragraphs that reads: “The Department shall not require this certification until the Permittee has
disturbed 2.5 or more acres and no more than once a year thereafter.”
The parties further agree that C&D Permit Modification, Facility ID # 022481-1201, the
attached cover letter, and the internal memorandum, all with the revisions described herein, shall
be issued within 5 business days of the date this Order is signed by the Administrative Law Judge.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this
contested case is dismissed.
IT IS SO ORDERED.
Honorable Ralph King Anderson, III
Administrative Law Judge
November 19, 2003
Columbia, South Carolina |
