ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division (Division) pursuant to a request for a
contested case hearing filed by Petitioner Clyde Barnhardt to challenge Administrative Order 01-118-DW, which was
issued by the South Carolina Department of Health and Environmental Control (Department) on May 2, 2001. By entering
into this Consent Order, both parties signify their recognition of the following: (1) that Petitioner is a well driller in the
state of South Carolina; (2) that Petitioner failed to properly grout the APEX domestic water well on Lot 3 of the
Strawberry Hill area in Ridgeland, South Carolina; (3) that Petitioner failed to properly grout the Paul Landers irrigation
well located at 314 Laurel Bay Road in Beaufort, South Carolina; (4) that the Department issued Administrative Order 01-118-DW to the Petitioner for the above-cited violations of the State Safe Drinking Water Act, S.C. Code Ann. § 44-55-10
et seq. (Supp. 2000), the South Carolina Individual Residential Well & Irrigation Well Permitting regulations, 25 S.C.
Code Ann. Regs. 61-44, and the South Carolina Well Standards and Regulations, 25 S.C. Code Ann. Regs. 61-71. The
parties have resolved all outstanding issues and wish to bring litigation of this matter to a close by entering into the
following agreement.
THEREFORE IT IS ORDERED:
(1) That the Petitioner shall pay to the Department a civil penalty in the amount of six thousand five hundred and no/100
dollars ($6500.00), two thousand dollars ($2000.00) of which has already been paid by the Petitioner. The remaining
balance of four thousand five hundred dollars ($4500.00) shall be paid on or before November 12, 2001.
(2) That the Petitioner shall remediate the APEX domestic water well located on Lot 3 of the Strawberry Hill area in
Ridgeland, South Carolina, under the supervision of the Department, within thirty (30) days of the execution of this Order.
(3) That the Petitioner shall henceforth comply with all statutes and regulations enacted by the State of South Carolina
which govern well construction.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
December 10, 2001
Columbia, South Carolina |
