ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Respondent, the South Carolina Department of Health and Environmental Control (the
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 management of Water Pollution Control Permits, 24 S.C. Code Ann. Regs. 61-9.122.C (Supp.
2000), and the regulations promulgated pursuant thereto; and
WHEREAS, Petitioners, Summit Business Center LLC, Summit Business Center, Aiken County is
responsible for land disturbing activities covering greater than five (5) acres at the Summit Business
Center (Site) located in Aiken County South Carolina; and
WHEREAS Petitioners, Summit Business Center LLC, Summit Business Center, Aiken County,
were responsible for adhering to the rules and regulations under the Pollution Control Act and
pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit No. SCR1000000;
and
WHEREAS, the Department issued Administrative Order 00-134-W against Petitioners, Summit
Business Center LLC, Summit Business Center, Aiken County, for violations of the Water Pollution
Control Permits, 24 S.C. Code Ann. Regs. 61-9.122.C (Supp. 1999), and ordered, inter alia,
Petitioners to pay an assessed civil penalty of ten thousand dollars ($10,000.00) for the above-referenced violations; and
WHEREAS Petitioners timely appealed Administrative Order 00-134-W pursuant to the Rules for
the Administrative Law Judge Division, contesting the Department's allegations; and
WHEREAS the parties to this action have reached an agreement as outlined below that resolves all
issues and will dispose of this case without further proceedings; and
WHEREAS Petitioners, Summit Business Center LLC, Summit Business Center, Aiken County,
agrees to dismiss the appeal, and the Department agrees to suspend all of the assessed penalty of ten
thousand dollars ($10,000.00), except for two thousand five hundred dollars ($2,500.00).
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioners,
Summit Business Center LLC, Summit Business Center, Aiken County, install and maintain all
necessary storm water and sediment controls at the Site and pay to the Department a civil penalty,
within thirty (30) days of the execution of Consent Order 01-104-W, in the amount of two thousand
five hundred dollars ($2,500.00).
IT IS FURTHER CONSENTED TO AND AGREED that the issues underlying Administrative
Order 00-134-W are resolved and that this contested proceeding is hereby dismissed.
AND IT IS SO ORDERED.
____________________________________
The Honorable C. Dukes Scott
Administrative Law Judge
April 24, 2001 |
