ORDERS:
Stipulated Order of Dismissal
This agreement is entered into between the South Carolina Department of Health and
Environmental Control (DHEC or the Department) and Valley Proteins, Inc, d/b/a Carolina By-Products (Valley Proteins) with respect to the appeal of Administrative Order 03-17-SW.
NOW, THEREFORE, in consideration of the terms contained herein, and intending to be
legally bound, DHEC and Valley Proteins agree as follows:
1.In the interest of resolving this matter without the delay and expense of litigation, the
Department agrees to withdraw Administrative Order 03-17-SW with prejudice. The
Department considers Consent Order 01-05-SW, incorporated in Administrative Order
03-17-SW, closed and the enforcement action resolved and agrees that Valley Proteins
neither agrees nor disagrees with the Findings of Fact or the Conclusions of Law
contained in Consent Order 01-05-SW.
2.The Department agrees to grant immunity from administrative and civil penalties
pursuant to SC Code Ann. Section 48-57-100, for any spill or discharge of raw material
or offal from Valley Proteins' trailers during transportation provided that the
requirements of SC Code Ann. Section 48-57-100 are met. For purposes of Section 48-57-100(C)(6) and requests for 48-57-100 immunity from Valley Proteins, the Department
will consider rolling stock to be a facility.
3.Upon withdrawal of Administrative Order 03-17-SW Valley Proteins' request for a
contested case hearing of Administrative Order 03-17-SW will be moot.
4.Contested Case Docket No. 03-ALJ-07-216-CC will be dismissed without prejudice.
5.Valley Proteins reserves its right to reinstate Contested Case Docket No. 03-ALJ-07-216-CC in the event the Department commences an action based upon or including the same
claims alleged in Administrative Order 03-17-SW, and may seek all remedies available at
law for past and future costs, including those referenced in Rule 41(d) of the South
Carolina Rules of Civil Procedure and Rule 72 of the Administrative Law Judge Division
Rules of Procedure.
The undersigned, each, further declares and represents that no promise, inducement, or
agreement not herein expressed has been made to the undersigned, or any of them, and that this
document contains the entire agreement between the parties hereto.
CONSENTED TO:
FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL
By:________________________________________
Date:___________________
FOR VALLEY PROTEINS, INC., d/b/a CAROLINA BY-PRODUCTS
By:________________________________________
Date:____________________
AND IT IS SO ORDERED.
___________________________________________
RALPH KING ANDERSON, III
Administrative Law Judge
Dated: April 1, 2004
Columbia, South Carolina |
