ORDERS:
FINAL ORDER AND DECISION
The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Charles Mack, d/b/a L&A Septic Service,
Petitioner, hereby enter into the following Consent Agreement:
Whereas, DHEC is charged with administering the licensure program for persons engaged in the cleaning of onsite sewage treatment and disposal
systems and cleaning self-contained toilets in accordance with S.C. Code Ann. Section 44-1-140 (2) and S.C. Regulation 61-56.1; and
Whereas, DHEC last conducted an annual inspection of L&A Septic Service on March 14, 2002 in accordance with statutory and regulatory
requirements; and
Whereas, DHEC issued Consent Agreement Order 00-272-W, with L&A Septic Service and L&A Septic Service has failed to honor the conditions
contained in that agreement, including, but not limited to, failure to make timely civil penalty payments, failure to provide timely submission of
required records and failure to properly dispose of septage waste; and
Whereas, DHEC has conveyed the requirements of Regulation 61-56.1 to L&A Septic Service, by letter on December 29, 1999 and January 26,
2000; and
Whereas, DHEC notified L&A Septic Service of its intent to revoke L&A Septic Service license to Clean Onsite Sewage Treatment and Disposal
Systems and Self Contained Toilets for violations of Regulation 61-56.1 by letter dated October 31, 2001; and
Whereas, L&A Septic Service, by its legal counsel, timely appealed the DHEC decision to revoke the License to Clean Onsite Sewage Treatment
and Disposal Systems and Self Contained Toilets to the DHEC Clerk of the Board, which was received on November 15, 2001; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on November 20, 2001; and
Whereas, the parties now desire to settle this matter without further adjudication;
NOW THEREFORE IT IS ORDERED AND AGREED:
1) The notice of intent to revoke License to Clean Onsite Sewage Treatment and Disposal Systems No. 38-368-38008 issued to L&A Septic Service
and dated October 31, 2001, is vacated.
2) L&A Septic Service will comply with applicable statutory and regulatory requirements for cleaning Onsite Sewage Treatment and Disposal
Systems and Self Contained Toilets.
3) L&A Septic Service will comply with Consent Agreement Order 00-272-W.
4) The parties agree that DHEC will provide training to the owner of L&A Septic Service concerning the applicable statutory and regulatory
requirements, including but not limited to records of operation.
5) L&A Septic Service shall bring copies of records of cleaning and transport activities including driver logs, customer invoices and invoices for
disposal of septage, for review by DHEC personnel to the Orangeburg County Environmental Health office, located at 1550 Carolina Avenue,
Orangeburg, S.C. on the first Tuesday of each month, following the effective date of this order.
6) If during the 365 days following the effective date of this order, L&A Septic Service fails to bring the written records of cleaning and transport
activities to the Orangeburg County Environmental Health office for review, License to Clean Onsite Sewage Treatment and Disposal Systems No.
38-368-38008 shall be suspended and L&A Septic Service shall not operate until the records have been reviewed by DHEC. This period of
suspension shall commence the next calendar day and L&A Septic Service shall have no right of appeal of this suspension. Upon review of the
records by DHEC, L&A Septic Service may resume operations. Provided, however, that DHEC maintains the right to suspend and direct L&A
Septic Service to cease operations immediately pursuant to its emergency powers described in Regulation 61-56.1, VI.D.
7) If during the 365 days following the effective date of this order, L&A Septic Service fails to comply with Consent Agreement Order 00-272-W,
DHEC may pursue further enforcement action pursuant to the South Carolina Pollution Control Act.
8) If during the 365 days following the effective date of this order, DHEC determines that L&A Septic Service has illegally discharged septage to
the environment, License to Clean Onsite Sewage Treatment and Disposal Systems No. 38-368-38008 shall be revoked and L&A Septic Service
shall immediately cease cleaning operations.
9) In the event that L&A Septic Service License to Clean Onsite Sewage Treatment and Disposal Systems has been suspended once in accordance
with the provisions of paragraph 6 above, and L&A Septic Service subsequently fails to bring the written records of cleaning and transport activities
to the Orangeburg County Environmental Health office for review, License to Clean Onsite Sewage Treatment and Disposal Systems No. 38-368-38008 shall be revoked and L&A Septic Service shall immediately cease cleaning operations.
10) L&A Septic Service hereby withdraws its appeal of the DHEC staff decision to revoke its License to Clean Onsite Sewage Treatment and
Disposal Systems No. 38-368-38008 and requests that the Administrative Law Judge dismiss the appeal with prejudice.
11) The effective date of this Order shall be the date of the execution by the Administrative Law Judge.
AND IT IS SO ORDERED.
May 20, 2002 _______________________ Ralph King Anderson, III
Administrative Law Judge
WE CONSENT:
________________________ May 15, 2002
Charles Mack
Owner, L&A Septic Service
________________________ May 15, 2002
Leonard A. Gordon
Environmental Health Manager
S.C.D.H.E.C.
___________________________ May 15, 2002
Michael Chappell, Director
Edisto Public Health District
___________________________ May 15, 2002
Roger D. Scott, Director
Division of Onsite Wastewater Management
___________________________ May 15, 2002
Cheryl H. Bullard
Chief Counsel for Health Services
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