ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from Petitioner GMAC Commercial
Credit, LLC ("GMAC") directing the conduct of a hearing to appeal Respondent South Carolina Department of Health and
Environmental Control's ("Department" or "DHEC") issuance of an Emergency and Administrative Order ("EO/AO")
against Cardinal Companies, L.P.; Cardinal Management International, Inc.; Cardinal Chemical Company, L.P.; Cardinal
Manufacturing Co.; Cardinal Carolina Corporation; and Cardinal Glass Coatings, Inc. ("Cardinal").
Petitioner GMAC is a secured creditor of the vessels, materials, equipment, and other appurtenances located at the Cardinal
facility at 2010 South Beltline Boulevard in Richland County, South Carolina ("the Cardinal facility" or "the Site").
DHEC issued the EO/AO against Cardinal on August 10, 2001, declaring the Site an uncontrolled hazardous waste site and
requiring, among other things, that Cardinal personnel, including its officers, agents, and employees get prior approval from
the Department before accessing the Site or removing any materials, vessels, equipment, or other appurtenances.
Due to the emergency conditions set forth in the Order, DHEC and its contractor secured the site on August 10, 2001, to
respond to the threat of a release of hazardous substances and/or pollutants or contaminants at the Site.
The United States Environmental Protection Agency, Region 4 ("EPA"), issued an Action Memorandum to conduct a
removal action at the Site on August 14, 2001. EPA's removal action is intended to abate the emergency conditions at the
Site, including the threat of a release of hazardous substances and/or pollutants or contaminants at the Site that may present
an imminent and substantial endangerment to the public health or welfare or to the environment.
EPA mobilized on Site to perform the removal action on August 20, 2001. EPA has a signed Access Agreement from
Cardinal to be on Site to perform the removal action.
Prior to a hearing being held, the parties and Cardinal reached an agreement that will effectively conclude this matter
without any findings of fact or adjudication of the issues. Therefore, GMAC's Petition appealing the EO/AO may be
dismissed.
IT IS THEREFORE AGREED AND ORDERED that due to EPA's presence on-site and its performance of the removal
action, the Department will amend the EO/AO and revoke the following portions of the EO/AO that are no longer
applicable or necessary:
(A) The words "receiving, shipping, recycling" from Paragraph 1 of the NOW THEREFORE IT IS ORDERED section
(page 10);
(B) All of Paragraph 2 of the NOW THEREFORE IT IS ORDERED section (page 10): "2. Until further notice no
materials, vessels, equipment, or other appurtenances may be removed from the site without express prior approval by
Department personnel. No equipment, vessels, or other appurtenances may be disassembled without prior approval by
Department personnel.";
(C) All of Paragraph 5 of the NOW THEREFORE IT IS ORDERED section (page 10): "5. Cardinal personnel, including
its officers, agents, and employees shall be afforded access to the facility, including real and personal property and records,
at reasonable times with the prior consent of the Department. The facility property shall be secured and access denied as
deemed appropriate by the Department."
IT IS FURTHER ORDERED AND AGREED that those portions of the Emergency and Administrative Order not
specifically revoked as stated herein will remain in full force and effect.
IT IS FURTHER ORDERED AND AGREED that the Amendment to the EO/AO as described herein shall be issued by
the Department within seven (7) days of the date this Order is signed by this tribunal.
Accordingly, by and with the consent of the parties,
IT IS ORDERED AND AGREED that this contested case is DISMISSED with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
November 8, 2001
Columbia, South Carolina
WE SO MOVE AND CONSENT:
s/Jessica J.O. King
Jessica J.O. King
Attorney for Respondent
South Carolina Department of
Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
(803) 898-3350
s/D. Sean Faulkner
D. Sean Faulkner
Attorney for Petitioner
Love Thornton Arnold & Thomason, P.A.
P.O. Box 10045, Federal Station
410 E. Washington Street (29601)
Greenville, SC 29603
Tel: (864) 242-6360
Fax: (864) 271-7972
s/Charles H. Sanford
Charles H. Sanford
For Cardinal
P.O. Box 345
Columbia, SC 29202
Tel: (803) 799-7190
Fax: (803) 988-0768 |
