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 |