ORDERS:
CONSENT ORDER OF DISMISSAL
On June 1, 2001, the parties in the above captioned matter submitted a Consent Order for approval.
That Order has been approved by this tribunal; therefore, all issues pertaining to this matter have been
resolved. IT IS HEREBY ORDERED that the hearing scheduled for Wednesday, June 6, 2001, is
canceled. IT IS FURTHER ORDERED that this matter is dismissed without prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
June 15, 2001
Columbia, South Carolina
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to
the City of Myrtle Beach's request for a Contested Case Hearing to challenge the issuance of a permit
and permit conditions imposed by Recreational Waters Construction Permit No. 26-R72-C for the
construction of the Myrtle Beach Plaza- Flatiron Foundation project issued by the Department of Health
and Environmental Control on November 20, 2000 (the "Permit"). The parties have resolved all issues
in connection with this matter.
THEREFORE IT IS ORDERED:
(1) That this appeal be dismissed without prejudice;
(2) That the Department shall issues an amended Permit as follows:
i. Special Condition No. 3 shall be amended to read as follows:
"3. The facility must erect a barrier to discourage bathers from entering the fountain pool area. The
barrier must be installed within the fountain pool and may consist of a grate erected at or near the
surface of the water. Spacing between the openings in the grate must not exceed four inches (4"), and
the grate must extend as least three feet (3') inward from the perimeter of the fountain pool."
ii. Special Condition No. 9 shall be amended to read as follows:
"9. The facility shall erect a sign denoted as "Park Rules," which shall include, in addition to the
information required in the applicable regulation, a notation indicating the toilet facilities and first aid
are available during normal business hours at City Hall and after hours at the City Law Enforcement
Center."
iii. New Special Condition No. 12 shall be added to read as follows:
"12. In the event the facility experiences three (3) water quality violations (pH or Chlorine, or
combination) during any consecutive twelve (12) month period, the facility shall immediately close the
spray deck area and within fifteen (15) days, submit to the Department for approval a corrective action
plan to address the cause of the water quality violations. The spray deck area may not resume operation
until the approved corrective action plan is implemented."
(3) Nothing in this Order shall be construed so as to preclude the City of Myrtle Beach from requesting
a modification of the Permit in the event the Department modifies Regulation 61-51 so as to affect any
requirements applicable to the facility.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
June 15, 2001
Columbia, South Carolina |
