ORDERS:
CONSENT ORDER OF DISMISSAL
Petitioner South Carolina Department of Health and Environmental Control ("DHEC" or "the
Department") and Respondent Cardinal Companies, L.P. have informed this court that they have
resolved all issues pending in this matter and thereby consent to dismiss the above captioned case. The
agreement of the parties is reflected in a Consent Order between them, attached hereto as Exhibit A.
Based on this Consent Order, the court hereby dismisses this action.
IT IS SO ORDERED.
______________________________
The Honorable John D. Geathers
June 25, 2001
Columbia, South Carolina
WE CONSENT:
__________________________________ __________________________________
Elizabeth G. Howard Steven J. Pugh
Attorney for Petitioner Attorney for Respondent
South Carolina Department of Richardson Plowden Carpenter & Robinson
Health and Environment P.O. Drawer 7788
2600 Bull Street Columbia, South Carolina 29202
Columbia, South Carolina 29201 (803) 771-4400
(803)898-3350
Exhibit A
THE STATE OF SOUTH CAROLINA
BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
_____________________________________________________________________
IN RE: CARDINAL COMPANIES, LP
RICHLAND COUNTY
_____________________________________________________________________
CONSENT ORDER
01-140-W
_____________________________________________________________________
Cardinal Companies, LP (Respondent) owns and is responsible for the proper operation and
maintenance of a wastewater pretreatment facility (WWPTF), consisting of an oil/water separator and a
pH adjustment system, serving its chemical manufacturing facility located in Richland County, South
Carolina. The chemicals manufactured by the Respondent at the facility include organic tin compounds,
known as organotins. The Respondent's wastewater was formerly discharged into the City of
Columbia's (City) regional sewer system where it received further treatment at the City of Columbia's
Metro wastewater treatment facility (WWTF).
The Respondent violated the Pollution Control Act, in that it discharged organotins into the
environment other than in a manner consistent with a permit issued by the Department, as demonstrated
by sampling performed by the Department of Health and Environmental Control and a contract
laboratory (Lab).
In accordance with approved procedures and based upon discussions with the Respondent, the parties
have agreed to the issuance of this Order to include the following Findings of Fact and Conclusions of
Law.
In the interest of resolving this matter without the expense and delay of litigation, the not be deemed an
admission of fact or law except as necessary for enforcement of this Order by the Department and in
accordance with the Uniform Enforcement Policy dated September 9, 1999.
FINDINGS OF FACT
1. On April 17, 2000, the Department conducted limited sampling of the effluent discharge at the City's
WWTF and detected the presence of organotin compounds.
2. The Lab conducted sampling on behalf of the City between July 10 and 17, 2000. To perform the
study, the Lab sampled various locations within the Metro Plant, the wastewater collection system and
the Congaree River. Sampling was conducted at the sites of seven (7) pre-treatment permittees,
including the Respondent.
3. The Final Report from the Lab to the City, dated September 11, 2000, demonstrated that elevated
levels of organotins entered the City's WWTF. Significant amounts of organotins were not detected in
samples collected from locations upstream of the Respondent's facility. All locations sampled within
the City's WWTF reflected the presence and accumulation of organotins. The Lab's report concluded
that organotins entered the City's WWTF from the Respondent's facility. The Respondent is the
primary source of organotins in the City's service area. Organotins were detected in the water and
sediment of the Congaree River downstream of the City's effluent discharge.
4. On September 15, 2000, the Department issued an Emergency Order requiring the Respondent to,
among other things, cease any unauthorized or unpermitted discharges and provide for continued
control of any storm water generated on site, immediately shut down all manufacturing processes
having the potential for unpermitted or uncontrolled releases, and submit a plan to achieve an
independent safety review of all processes and procedures which have the potential for uncontrolled
reactions or releases.
5. The Respondent appealed the Emergency Order to the Administrative Law Judge (ALJ) Division,
but the ALJ upheld the Emergency Order on September 29, 2000.
6. The Department notified the Respondent by letter dated September 28, 2000, of the acceptance of an
independent audit team (IAT) which would conduct an Environmental Safety Analysis Project to
facilitate the restarting of manufacturing processes at the Respondent's facility.
7. Between October 7, 2000, and October 26, 2000, the Respondent submitted to the Department
Schedules for Environmental Safety Analysis Recommendation Implementation for Areas 1 through 11
and 14 through 15. The schedules addressed implementing recommendations made by the IAT
concerning operator training, preventative maintenance, safety review, and safety training. Specific
preventative maintenance recommendations included completion of the information file on all vessels
and equipment and the review of pressure safety valves.
8. Between October 9, 2000, and November 2, 2000, the Department granted the Respondent written
approval to resume operations of the processes in Areas 1 through 11 and 14 through 15.
9. In a letter from the City dated October 11, 2000, the Respondent was instructed to repair a leaking
backflow prevention device located at 2010 S. Beltline Boulevard. Subsequently, the Respondent
submitted all testing information regarding the backflow prevention device to the Department.
10. The Respondent performed integrity tests on tagged out vessels; the vessels were certified by the
IAT before being placed into service.
11. The Respondent constructed a groundwater monitoring well within twenty-five feet (25') down
gradient of the reservoir.
12. The Respondent constructed a background groundwater monitoring well up gradient to its
property.
13. The Respondent completed a safety protocol addressing the transfer of chemical compounds
between vessels.
14. The Respondent submitted to the Department a protocol for ensuring that Laboratory wastes and
chemical compounds to not enter the sinks or sewer on its property.
15. The Respondent developed and implemented an emergency response plan, after coordinating with
local emergency response agencies and/or fire departments, that includes procedures for notifying
response agencies/departments and the affected public about releases, emergency response procedures,
and evacuation procedures for employees and citizens in the affected areas.
16. On May 14, 2001, the Respondent submitted final fate analyses for all production areas to the
Department.
17. The Respondent physically determined the vessel thickness, construction material, and any other
information pertinent to the vessel's integrity and suitability for the intended use for any vessel for
which the manufacturer's information was not available, and created records for those vessels.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Department reaches the following conclusions of law:
1. The Respondent violated the Pollution Control Act, S.C. Code Ann. § 48-1-90(a) (1987), in that it
discharged organotins to the environment in a manner inconsistent with a permit from the Department.
NOW, THEREFORE, IT IS ORDERED AND AGREED, pursuant to the Pollution Control Act,
S.C. Code § 48-1-50 (1987) and S.C. Code Ann. §48-1-100 (Supp. 2000) that the Respondent shall:
1. By October 1, 2000, obtain vessel design information and obtain determinations from the IAT as to
the proper pressure and safety valves required for all vessels, and ensure that all of the proper valves are
in place. The proper pressure and safety valves shall be maintained at all times.
2. Within forty-five (45) days of the execution date of this Order, submit to the Department plans and
specifications and an administratively complete application for a permit to construct addressing
replacement of the reservoir.
3. Within ninety (90) days of the issuance of the permit to construct, complete construction of the
replacement reservoir.
4. On a quarterly basis, beginning with the three (3) month period immediately following the
construction of the wells, conduct the following types of analyses on samples taken from the
groundwater monitoring wells specified in #8 and #9 above: volatile organic compounds and semi-volatile organic compounds (EPA methods 8260 A and 8270 B), groundwater elevation, pH, specific
conductance, dibutylether, organotins, and temperature.
5. Submit to the Department the QA/QC data from any Laboratory performing organotin analysis on
samples from groundwater monitoring wells. The data shall be attached to any analyses submitted to
the Department. The laboratory must follow the established EPA analytical procedures or an equivalent
procedure published, scientifically acceptable, and acceptable to the Department.
6. Within thirty (30) days of the execution of this Order, submit to the Department a proposal
addressing improvement of the earthen berm or for use of a synthetic liner in the filter cake roll-off area
until a permanent location is decided upon.
9. Within thirty (30) days of the execution of this Order, apply to the Department for disposal approval
for the oily waste from area I-9.
10. Within thirty (30) days of the execution of this Order, submit to the Department the results of
analysis of the oily waste from area I-9. The analysis must include pH, flashpoint, total metals (RCRA
plus tin and aluminum), and organotins, to include all methyl, butyl, and octyl species (mono, di, tri,
and tetra).
11. Henceforth, follow all safety protocols that are in place.
12. Perform new analyses of brine waste after any change in characteristic of the waste and prior to
disposal, and submit the results to the Department within fifteen (15) days of receipt of analyses.
13. Obtain approval from the Department prior to making any changes in the method of removal of
brine waste from the Respondent's property, including any changes in the entity removing or accepting
the waste.
14. Develop and implement a leak detection and repair program addressing any releases or emissions,
which includes monthly inspections of all vessels and associated piping and containment structures.
15. Develop and implement a hazards review program which identifies hazards associated with each
process line, opportunities for equipment malfunction, or human errors, safeguards used or needed to
prevent equipment malfunction or human error, and steps used or needed to determine or monitor
releases.
16. Notify the Department immediately of any release from the Respondent's property. Notification
must be made using the Department's twenty-four hour emergency telephone number.
17. Investigate all accidents involving accidental releases from the Respondent's property. Within
forty-eight (48 hours) following the release, prepare a summary of the investigation which includes the
date of the incident, date that the investigation began, description of the incident, factors contributing to
the incident, and recommendations resulting from the investigation. Investigation findings and
recommendations shall be promptly addressed and resolved.
18. Within sixty (60) days of the execution of this Order, submit to the Department a current profile of
the solid waste streams on the property as defined by RCRA and applicable Department regulations.
All analytical data must be included with the profile.
19. Within thirty (30) days of completion, submit to the Department three (3) copies of the IAT's final
report.
THEREFORE IT IS FURTHER AGREED that if any event occurs which causes or may cause a
delay in meeting any of the above scheduled dates for completion of any specified activity, the
Respondent shall notify the Department in writing at least one (1) week before the scheduled date,
describing in detail the anticipated length of the delay, the precise cause or causes of the delay, if
ascertainable, the measures taken or to be taken to prevent or minimize the delay, and the timetable by
which those measures will be implemented.
The Department shall provide written notice as soon as practicable that a specified extension of time
has been granted or that no extension has been granted. An extension shall be granted for any
scheduled activity delayed by an event of force majeure, which shall mean any event arising from
causes beyond the control of the Respondent that causes a delay in or prevents the performance of any
of the conditions under this Consent Order, including, but not limited to: a) acts of God, fire, war,
insurrection, civil disturbance, explosion; b) adverse weather condition that could not be reasonably
anticipated causing unusual delay in transportation and/or field work activities, c) restraint by court
order or order of public authority; d) inability to obtain, after exercise of reasonable diligence and timely
submittal of all applicable applications, any necessary authorizations, approvals, permits, or licenses
due to action or inaction of any governmental agency or authority; and e) delays caused by compliance
with applicable statutes and regulations governing contracting, procurement or acquisition procedures,
despite the exercise of reasonable diligence by the Respondent.
Events which are not force majeure include by example, but are not limited to, unanticipated or
increased costs of performance, changed economic circumstances, normal precipitation events, or any
person's failure to exercise due diligence in obtaining governmental permits or fulfilling contractual
duties. Such determination will be made in the sole discretion of the Department. Any extension shall
be incorporated by reference as an enforceable part of this Consent Order and thereafter be referred to as
an attachment to the Consent Order.
PURSUANT TO THIS ORDER, all communications regarding this Order and its requirements shall
be addressed as follows:
Anastasia Hunter-Shaw
Bureau of Water- Enforcement Division
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
The Respondent shall confirm, in writing, completion of Order requirements to the above address
within five (5) days of completion.
IT IS FURTHER ORDERED AND AGREED that failure to comply with any provision of this Order
shall be grounds for further enforcement action pursuant to the Pollution Control Act, S.C. Code § 48-1-330 (1987), to include the assessment of civil penalties.
WHEN THIS ORDER IS FINALLY EFFECTIVE, IT SUPERSEDES AND REVOKES THE
EMERGENCY ORDER dated September 15, 2000, in accordance with S.C. Code Ann. § 48-1-290
(1987).
THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL |
