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 |