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:
Safety-Kleen Systems, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Safety-Kleen Systems, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0313-CC

APPEARANCES:
H. Anthony Still, Facility Manager
Safety-Kleen Systems, Inc.
2175 Gardner Boulevard
Holly Hill, S.C. 29059
Phone (803) 496-7303
Fax (803) 496-7448
Duly Authorized Employee for Petitioner

Alexander G. Shissias, Esquire
Office of General Counsel
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 292001
Phone (803) 898-3349
Fax (803) 898-3367
Attorney for Respondent
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Judge Division (Division) pursuant to Safety-Kleen's petition for a contested case hearing to challenge permit conditions imposed by Air Construction Permit No. 1860-0005-CN for its hazardous waste derived fuel blending process, issued by the Department of Health and Environmental Control (Department) on May 12, 2000. The parties have resolved all issues except the applicability of the performance standards under 40 C.F.R. Part 63, Subpart DD, but have agreed to resolve these issues by the initiation of a request for official guidance from the United States Environmental Protection Agency (USEPA).



THEREFORE, IT IS ORDERED:



(1) That this appeal is dismissed without prejudice.



(2) That while this request for official guidance from USEPA is pending, Safety Kleen may defer implementation of the performance standard provisions of 40 C.F.R. Part 63, Subpart DD, including, but not limited to, the installation of any continuous monitoring system provided for in 40 C.F.R. § 63.693(d)(3).



(3) That notwithstanding the dismissal of this appeal, the Department's review of USEPA's official guidance documents will be used to determine the applicability of the performance standards under 40 C.F.R. Part 63, Subpart DD to the hazardous waste derived fuel blending process.



(4) That should a review of USEPA's official guidance documents determine that the performance standard requirements of 40 C.F.R. Part 63, Subpart DD are applicable to the hazardous waste derived fuel blending process under appeal in this permit, neither the Department nor Safety-Kleen waives its right to take enforcment action or to take an appeal from any enforcement action for any alleged violations regarding this process.



AND IT IS SO ORDERED.







____________________________

Ralph King Anderson, III

Administrative Law Judge



September 26, 2000

Columbia, South Carolina



Brown Bldg.

 

 

 

 

 

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