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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Southeastern Chemical and Solvent, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Southeastern Chemical and Solvent, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0591-CC

APPEARANCES:
Eric C. Schweitzer
Elizabeth B. Partlow
Attorneys for Petitioner
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Post Office Box 11206
Columbia, South Carolina 29211
Phone (803) 252-1300
Fax (803) 254-6517

Elizabeth G. Howard
Attorney for Respondent
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone (803) 898-3350
Fax (803) 898-3367
 

ORDERS:

CONSENT ORDER

On September 29, 2000, the South Carolina Department of Health and Environmental Control (DHEC) reissued Hazardous Waste Permit Number SCD 036 275 626 to Petitioner Southeastern Chemical and Solvent, Inc. (SEC). The Permit authorizes treatment of hazardous waste in tanks and miscellaneous units, storage of hazardous waste in tanks and containers, and identification and corrective action for solid waste management units. SEC challenged various conditions of the Permit by filing a Request for Administrative Review.

The parties have now reached a settlement of the issues raised in the Request for Administrative Review. With the consent of the parties, it is therefore

ORDERED as follows:

1. Condition II.B., second paragraph, first sentence, shall read as follows:

The Permittee shall verify the analysis of each waste stream every two years as part of its quality assurance program, in accordance with Test Methods for evaluating Solid Waste: Physical/Chemical Methods, EPA Publication SW-846, or equivalent methods approved by the Department.



2. Condition III.B.3, Condition IV.B.5, and Condition V.B.3 shall read as follows:

The Permittee is prohibited from receiving, storing, or treating hazardous waste that contains more than fifteen percent (15%) Vinyl Acetate Monomer; and hazardous and non-hazardous furniture waste containing or contaminated with lacquer dust, with the exception of liquid lacquer or solvents containing liquid lacquer.



3. Condition V.A. shall be revised to read as follows:

The conditions of this module apply to the two compactors and the shredder/grinder unit located within Container Storage Area 5. The compactors have a total capacity to treat waste of 4510 gal/hour. The shredder/grinder is limited to a maximum throughput of 2000 lbs/hour; only waste without liquids is to be treated at this unit. Nothing in this condition shall be construed to prohibit SEC from seeking a permit amendment to increase the throughput of the shredder/grinder. These units are located inside Container Storage Area 5, which provides enough secondary containment capacity, if it is considered that one drum at a time is processed at the compactors. The types of waste that can be treated by these units are those specified in Permit Condition V.B.1.



4. Condition VI.D.1 shall be amended by deleting the reference to Permit Condition VI.A.1 and adding the following sentences:

The Department acknowledges that Confirmatory Sampling Workplans were not required for the SWMUs listed in Appendix A-2. Under Permit Condition V1.C, Confirmatory Sampling Workplans will not be required for those SMUs unless and until a new release is discovered.



5. Condition VI.D.4 shall be amended by deleting the reference to Permit Condition VI.A.1 and adding the following sentences:

The Department acknowledges that Confirmatory Sampling Reports for SWMUs listed in Appendix A-2 were not required. SWMUs and AOCs that require no further action are listed in Appendix A-3.

6. Condition VI.G.1 shall be amended by adding the following sentence:

The Department acknowledges that Corrective Measures Study Workplans for SWMUs listed in Appendix A-2 were not required.



7. Condition VI.G.3 shall be amended by adding the following section VI.G.3(d):

The Department acknowledges that a CMS Report for SWMUs listed in Appendix A-2 have already been submitted and conditionally approved. The conditions of the approval are incorporated into this permit.



8. Condition VI.M.2. shall read as follows:

The Permittee shall ensure that remedial actions are being taken to reduce contaminant levels in groundwater to meet the Class GB groundwater standards as stated in R. 61-68. For those parameters for which a Maximum Contaminant Level (MCL) has not been established, the Permittee shall ensure that remedial actions are being taken to reduce contaminant levels in groundwater to meet the Tap Water Preliminary Remediation Goals (PRGs) as set forth by the US EPA Region 9; provided, however, that the Tap Water Preliminary Remediation Goals (PRGs) shall be interpreted as cleanup benchmark levels and not as promulgated standards. Further, nothing herein shall prohibit the use of mixing zones or risk-based corrective action levels as approved by the Department.



9. Table VI-A shall be removed from the permit and the remaining tables of Module VI shall be renumbered to conform. Permit Conditions that reference the tables will be changed accordingly.

10. Condition VI.M.10 shall be revised to read as follows:



The Permittee shall continue groundwater corrective action for each area as set forth in Permit Condition VI.M.4 until the Groundwater Cleanup Levels of Permit Condition VI.M.2 for each area have been met for a minimum of four (4) consecutive quarters, or for such shorter time as required by the Department.



11. Condition IX.C.6 shall be deleted. Further, Tables G-1 and G-2 shall be revised to conform to the HSWA permit issued by EPA to SEC on or about February 25, 2001.



12. Appendix A-2 shall be revised to delete the second footnote (**).

IT IS FURTHER ORDERED that this matter be dismissed. Hazardous Waste Permit number SCD 036 275 626 is to be effective immediately once it is modified in accordance with these terms and SEC receives a copy of the modified permit.

January 28, 2002

Columbia, South Carolina



______________________________________

Ralph King Anderson, III

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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