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:
Lawrence K. Leonard et al. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Lawrence K. Leonard and Leonard Chemical Co., Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0635-CC

APPEARANCES:
C. Michael Wilson
Attorney for the Petitioners
Post Office Box 667927 Charlotte, North Carolina 28226-7927
(704) 394-3116 Telephone
(704) 394-0663 Fax

Jessica J.O. King
Attorney for the Respondent
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
(803) 898-3350 Telephone
(803) 898-3367 Fax
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This contested case comes before the undersigned by way of an agency transmittal of an appeal from Lawrence K. Leonard and Leonard Chemical Co., Inc. (Leonard) directing the conduct of a hearing to seek reversal of the South Carolina Department of Health and Environmental Control=s (DHEC) decision denying Petitioners' request for an operating hazardous waste permit (RCRA Part B Permit) for their former hazardous waste management facility in Catawba, South Carolina. Such denial, if effective, will result in termination of Petitioners' interim status. Prior to a hearing being held, the parties have reached an agreement that will effectively conclude this matter without any findings of fact or adjudication of the issues. Therefore, Leonard's Petition appealing DHEC's denial of its RCRA Part B Permit application may be dismissed.

The property at issue here (the Leonard Chemical Site or Site 1) and another property owned by Rutledge and leased by Rock Hill Chemical, the Rock Hill Chemical/Rutledge Property Site (Site 2), are being cleaned up under the federal and state Superfund programs. The Environmental Protection Agency (EPA) is the lead agency for the cleanup of the Leonard Chemical Site and the Rock Hill Chemical/Rutledge Property Site, with assistance and input from DHEC. Separate groups of Potentially Responsible Parties (PRPs) are currently funding work at Site 1 and Site 2 and DHEC expects they will continue to do so. A cleanup decision (Record of Decision or ROD) for the Leonard Chemical Site was finalized on September 10, 2001. Cleanup of the Leonard Chemical Site and Rock Hill Chemical/Rutledge Property Site is anticipated to continue for many years.

Lawrence K. Leonard is/was a partner in Rock Hill Chemical which operated the Rock Hill Chemical/Rutledge Property Site. Leonard is the owner/operator of the Leonard Chemical Site. As such, Leonard always retains potential liability for cleanup costs at these sites.

Based on the foregoing facts, the Petitioners and Respondent further announce that they have agreed to the following:

1. Leonard hereby withdraws its appeal of DHEC's August 10, 1988, final decision to deny the issuance of a RCRA Part B Permit for the facility on the Leonard Chemical Site and the termination of the site's interim status.

2. So long as DHEC concurs with the cleanup pace and decisions at the Leonard Chemical Site and so long as Leonard's financial situation does not substantially change for the better, DHEC will not pursue (a) additional cleanup of Site 1 under the RCRA hazardous waste permitting program from Leonard; (b) issuance of a post-closure hazardous waste permit for Site 1; or (c) civil penalties for Leonard's failure to obtain a post-closure permit for Site 1.

3. So long as DHEC concurs with the cleanup pace and decisions at the Leonard Chemical Site and Rock Hill Chemical/Rutledge Property Site, and so long Leonard does not become able to substantially contribute to the cleanup efforts, DHEC will not seek cleanup funding from Leonard for Site 1 or Site 2.



Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested case is dismissed with prejudice.

IT IS SO ORDERED.





Honorable C. Dukes Scott

Administrative Law Judge

October 30, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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