ORDERS:
CONSENT ORDER
This matter comes before the Administrative Law Judge Division upon Respondent Bursey's Notice of Appeal challenging
any and all permits granted to SCE&G for its Saluda Dam Remediation Project. SCE&G filed a Motion for Injunctive
Relief seeking, inter alia, relief from any automatic stay that may have been applicable to activities authorized by the
permits as a result of Respondent's appeal. With the consent of the parties, the Court delayed a hearing on the Motion while
the parties attempted to resolve Respondent Bursey's challenge to the permits. The parties have agreed to settle this matter
with the execution of this Consent Order.
IT IS THEREFORE ORDERED, with the consent of the parties, as follows:
1. SCE&G shall inspect all silt fencing presently at the site and make repairs where necessary.
- SCE&G shall place additional geotextile in the area adjacent to Outfall # 2.
- SCE&G shall continue to water the additional hydroseeded areas around Outfall #2 every day until the areas are
stabilized.
- All disturbed slopes outside the borrow pit of 3:1 (h:v) slope or greater will be stabilized by installing geotextile and
seeding. Seeded areas shall be watered as necessary for growth.
- All other areas of disturbed soil shall be reseeded and watered as necessary to maintain effective, stable cover.
- Within 48 hours of each rainfall event which exceeds 0.25 inches in 24 hours, or at least once every two weeks,
whichever is less often, SCE&G shall inspect, clean of accumulated sediment as necessary, and repair all silt fences and
sediment control devices until site stabilization has been achieved.
- Within 12 hours after each rainfall event which exceeds 0.25 inches in 24 hours, SCE&G shall obtain grab samples from
the stream below the outfalls depicted on SCE&G's Phase III Test Program Erosion & Sediment Control Plan maps
which have the potential to discharge to the Saluda River. If there is no flow from an outfall as a result of a rainfall
event, then SCE&G shall so certify and shall not be required to obtain a stream sample(s) below that outfall. SCE&G
shall have any samples it obtains analyzed for total suspended solids (TSS) employing procedures and methods specified
in the most recent EPA-approved protocol. The results of the sampling and analysis shall be forwarded to Respondents.
Field notes and laboratory reports relating to the sampling shall be maintained by SCE&G for a period of one year and
made available to the parties upon request.
- SCE&G shall install baffles or forebays in Stormwater Ponds 1 and 2 to increase detention time. SCE&G shall also
modify the riser barrel outlet structures in each pond to add a floating skimmer device.
- SCE&G shall use active management techniques, including adjustment of the moisture level in the crusher and
employment of best construction practices relating to dust suppression, to control fugitive dust at the site.
- Upon reasonable notice following a rain event which exceeds 0.25" in 24 hours, or once per month, whichever is more
frequent, SCE&G shall permit site access and inspection by Respondent Bursey or his designee. Bursey shall not,
without specific permission of SCE&G, enter upon property owned by SCE&G at the dam remediation site or across the
spillway from the dam remediation site.
- Within five (5) days of the date of this Order, Bursey shall withdraw his appeal of the permits issued to SCE&G for the
Saluda Dam Remediation Project.
- Any party may bring an action in the Administrative Law Judge Division to compel compliance with the terms of this
Consent Order.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
December 10, 2001
Columbia, South Carolina
WE CONSENT:
______________________________
Robert Guild
314 Pall Mall
Columbia, South Carolina 29201
Phone (803) 252-1419
Fax (803) 254-1419
Attorney for Brett Bursey
______________________________
Alexander G. Shissias
Office of General Counsel
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Phone (803) 898-3349
Fax (803) 898-3367
Attorney for South Carolina Department of Health
and Environmental Control
______________________________ ___________________________
Thomas G. Eppink Elizabeth B. Partlow
Assistant General Counsel Ogletree, Deakins, Nash,
SCANA Corporation Smoak & Stewart, P.C.
1426 Main Street, MC-130 1501 Main Street, Suite 600
Columbia, SC 29218 Post Office Box 11206
Columbia, South Carolina 29211
Phone (803) 252-1300
Fax (803) 254-6517
Attorneys for South Carolina Electric & Gas Company |
