ORDERS:
CONSENT ORDER
This matter is before the Administrative Law Judge Division on Petitioner's request for a contested case hearing
challenging Administrative Order 01-275-DW issued by Respondent South Carolina Department of Health and
Environmental Control (the Department). Prior to the scheduled hearing, the parties reached a settlement of this matter,
agreeing to dismiss the case as follows:
- Petitioner Mike Heath, d/b/a Lucky Diamond will pay the Department a penalty of $4000.00 within 30 days of the date
of this order.
- Petitioner will submit a public well construction permit application within 30 days of the date of this order.
- Within 30 days of the Department's issuance of the construction permit, Petitioner will contact the Department's
Appalachia III Environmental Quality Control District Office at (864) 596-3800 to arrange for a final inspection of the
public water system (PWS) to obtain final approval from the Department to operate the PWS.
- Upon approval from the Department, Petitioner will begin and continue to operate and maintain the PWS serving the
Lucky Diamond facility in accordance with state and federal regulations.
- Should Petitioner have any difficulty meeting any of the above deadlines, he must contact the Department in writing to
request an extension, providing an explanation as to the necessity of the extension. If Petitioner fails to request an
extension in writing and fails to meet one of the above deadlines, Petitioner shall pay to the Department an additional
$2,000.00 in civil penalties for each deadline that is missed. The approval of any such request is within the discretion of
the Department.
I SO AGREE:
___________________________ _____________________________
William G. Rhoden Susan M. Fittipaldi
Counsel for Petitioner Counsel for Respondent
IT IS SO ORDERED.
_____________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
This 22 day of April, 2002 |
