South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Theodore Levy Brown, Sr. vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Theodore Levy Brown, Sr.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
03-ALJ-07-0353-CC

APPEARANCES:
Theodore Levy Brown, Sr., Petitioner

Etta R. Williams, Attorney for SC DHEC
 

ORDERS:

CONSENT ORDER FOR DISMISSAL

WHEREAS, Respondent, South Carolina Department of Health and Environmental Control (ADHEC@ or Athe Department@), is an agency of the state of South Carolina, vested with all the powers, functions, and duties granted to the Department and its officers and agents by statute, and has regulatory authority over the management of the State Safe Drinking Water Act, S.C. Code Ann. §§ 44-55-10 et. seq. (2002) and the regulations promulgated pursuant thereto, South Carolina Well Standard and Regulations, 25A S.C. Code Ann. Regs. 61-71 et. seq. (Supp. 2003); and

WHEREAS, Petitioner, Theodore Levy Brown, Sr. (“Brown”) is involved in the business of well drilling in Kershaw County, South Carolina; and

WHEREAS as a Well Driller, Defendant Brown is responsible for complying with the State Safe Drinking Water Act and the regulations promulgated pursuant to it; and

WHEREAS, Petitioner Brown incorrectly grouted, sealed, and identified several wells and also failed to submit the record forms necessary to notify DHEC of the installation and abandonment of several wells; and

WHEREAS, Respondent DHEC issued Administrative Order (AO) 03-132-DW against Defendant Brown, for violations of the State Safe Drinking Water Act and the regulations promulgated pursuant thereto, and ordered, inter alia, Petitioner to do the following:

1.Immediately cease the practice of installing wells in the State of South Carolina

that does not meet the minimum requirements of the South Carolina Well Standards and Regulations, 25 S.C. Code Ann. Regs. 61-71 (Supp. 2002), and henceforth comply with all pertinent State rules and regulations concerning well construction and permitting.

2.Within thirty (30) days of the execution date of this Order, place identification

plates on the Springs and Goodson wells and properly grout the Goodson well. Prior to performing the grout remediation of the Goodson well, contact the Wateree Environmental Quality Control District Office at (803) 778-6548 to schedule an appointment for a Department representative to be present to observe the grouting of the well.

3.Within thirty (30) days of the execution date of this Order, submit to the

Department a copy of the completed water well record from the abandonment of the Hastings well and for the installation of the Calvin McDonald residential water well located at 6065 Hugh Ryan Road in Dalzell, South Carolina.

4.Within thirty (30) days of the execution date of this Order, pay to the Department a civil penalty in the amount of twenty thousand two hundred fifty dollars ($20,250.00).

WHEREAS, Petitioner Brown appealed the referenced AO on August 14, 2003, pursuant to the Rules for the Administrative Law Judge Division (ALJD); and

WHEREAS, Petitioner Brown has now complied with items # 1-3 of the AO; and

WHEREAS, it has been determined by Respondent DHEC’s Financial Section that due to Petitioner Brown’s current financial situation that he would be unable, at the present time, to pay the assessed civil penalty stated in the AO; and

THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED UPON that Respondent DHEC will waive the assessed civil penalty due to Petitioner Brown’s current financial situation, pursuant only to the following condition:

qPetitioner Brown must not commit any violations of the State Safe Drinking Water Act within three (3) years from the execution date of this order.

NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED to by Respondent DHEC and Defendant Brown that the issues underlying Administrative Order

03-132-DW and the above-captioned action are resolved and this proceeding is hereby dismissed; however, if Petitioner Brown commits a violation of the State Safe Drinking Water Act within 3 years from the execution date of this Order, then the previously waived assessed civil penalty of $20, 250.00 will be re-instituted and will become immediately payable to Respondent DHEC by Petitioner upon him being cited for a violation of the referenced Act.

AND IT IS SO ORDERED.





____________________________________________________

Carolyn C. Matthews, Administrative Law Judge

February 18, 2004


Brown Bldg.

 

 

 

 

 

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