ORDERS:
CONSENT ORDER OF DISMISSAL
This matter comes before the
South Carolina Administrative Law Court (“ALC”) pursuant to a request for
contested case hearing filed by Respondent, Nancy Ott, appealing Administrative
Order 05-125-W (“Administrative Order”) issued by Petitioner, Department of
Health and Environmental Control (“DHEC” or “Department”), on September 2,
2005. The parties have resolved all issues in this matter. Respondent agrees to the entry of this Consent Order of
Dismissal (“Order”), but neither agrees with nor admits the Findings of Fact or
the Conclusions of Law; however, Respondent agrees that this Order shall be
deemed an admission of fact and law for the purposes of enforcement of this
Order or subsequent actions relating to the Respondent by the Department.
Petitioner and Respondent agree that Respondent, in lieu of the requirements
set forth in the Administrative Order, shall complete the following actions
within the time frames given:
1. Respondent shall immediately begin and continue to comply with
permitting and operating requirements in accordance with State and Federal
regulations.
2. Respondent shall immediately cease and desist from any work on the Site until
the Department approves a remediation plan (“Remediation Plan”).
3. Within fifteen (15) days of the date of this Order, Respondent shall
have a State Registered Professional Engineer submit the Remediation Plan for
the Department’s approval.
4. Within thirty (30) days of the date of Department approval of the
Remediation Plan, Respondent shall complete the installation of all emergency
storm water sediment and erosion control measures and submit to the Department
“as-built” plans depicting the location of all storm water sediment and erosion
control measures necessary to prevent any future discharges of sediment from
the Site. The “as-built” plans must be stamped and certified by a State
Registered Professional Engineer, certifying that all emergency storm water
sediment and erosion control devices are installed and are functioning
properly.
5. Within one (1) year from the date of Department approval of the
Remediation Plan, Respondent shall submit to the Department a report stamped
and signed by a State Registered Professional Engineer, certifying that the
Site is completely stabilized.
6. Respondent shall pay the Department a civil penalty in the amount of
twenty thousand dollars ($20,000); however, the parties agree that fifteen
thousand dollars ($15,000) of the civil penalty will be suspended and will be
waived entirely provided that Respondent fully complies with all requirements
set forth in paragraphs 1 through 5 above. Respondent shall pay the remaining
five thousand dollars ($5,000.00) of the civil penalty in quarterly
installments of one thousand two hundred fifty dollars ($1,250.00) over a
period of four (4) quarters, with the installments due as follows: 1) January
2, 2007; 2) April 1, 2007; 3) July 1, 2007; and, 4) October 1, 2007. The
Respondent may pay the penalty in full at any time. Respondent further agrees
that if Respondent fails to submit a required payment in accordance with the
schedule outlined above, the remaining balance of the civil penalty will be due
and payable within thirty (30) days of receipt of written notification from the
Department. Should the Respondent fail to comply with any of the requirements
set forth in paragraphs 1 through 5 above, the suspension shall be vacated and
the suspended amount of fifteen thousand dollars ($15,000.00) shall be due and
payable immediately upon notification by the Department.
7. In the event that Respondent or Respondent’s agent(s) intend to develop
the Site in the future, Respondent acknowledges and agrees that if Respondent
or Respondent’s agent(s) fail to submit all necessary permit applications or
notices of intent to the Department or the applicable delegated authority in
regards to storm water requirements at the Site, Respondent will pay an
additional stipulated penalty of ten thousand dollars ($10,000). Nothing
herein prevents the Department from taking any and all necessary enforcement
actions for Respondent’s failure to comply with state and federal laws and
regulations.
IT IS HEREBY ORDERED that the
above-captioned case is DISMISSED.
AND IT IS SO ORDERED.
s/John D. Geathers 9-27-06
John D. Geathers,
Administrative Law Judge
We Consent:
s/Julie F.
McIntyre
Julie F. McIntyre, Esq.
Attorney for South Carolina
Department
Of Health and Environmental
Control
s/Jean-Marie Mille
Jean-Marie E. Mille, Esq.
Attorney for Nancy Ott |
