ORDERS:
CONSENT ORDER OF DISMISSAL
02-ALJ-07-0291-CC, Chargeurs Wool (USA) Inc. v. DHEC
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
Chargeurs Wool (USA) Inc.,
Petitioner,
vs.
South Carolina Department of Health and Environmental
Control,
Respondent. |
Docket No.: 02-ALJ-07-0291-CC
CONSENT ORDER OF DISMISSAL
|
Chargeurs Wool (USA) Inc. (Chargeurs) and South Carolina Department of Health and Environmental Control
(Department), through their undersigned attorneys, move the Court to dismiss this appeal based on the following
settlement:
The (Department) will revoke NPDES Permit No. SC0000990 and reissue the permit with the following changes:
(a) The permit term will be for two years and Ultimate Oxygen Demand (UOD) will be a monthly monitor and report
requirement rather than a limitation. This will require monthly monitoring of five day biochemical oxygen demand
(BOD5) and ammonia. In addition to monthly monitoring, ammonia will be monitored within 24 hours of each 1 inch
rainfall event during any 24 hour period. The permit will contain a BOD5 limit as given in the appealed permit;
(b) At the end of the permit term, the Department will determine whether a UOD limit is needed. Chargeurs reserves the
right to challenge the imposition of such a limit, if then imposed.
(c) Chargeurs will install a rain gauge and provide daily measurements on rainfall. The daily rainfall data will be reported
monthly.
(d) Chargeurs will undertake an evaluation of the operation and maintenance of its wastewater treatment system. From
this evaluation, a detailed operation and maintenance manual (operator's manual) on the system must be developed by a
SC professional engineer. This manual must outline the daily and other periodic operational procedures for the treatment
system and any other protocols related to the manufacturing facility that must be followed by Chargeurs in order to achieve
optimum performance of the wastewater treatment system. A detailed report on the evaluation with all recommendations
and a copy of the operation and maintenance manual must both be submitted to the Department for approval within 6
months from the date of this agreement.
(e) Charguers will implement all operation and maintenance requirements and other protocols contained in both the
approved report and the approved operation and maintenance manual within 9 months from the date of this agreement.
(f) Charguers will obtain available USGS stream flow data on the Santee
River. Chargeurs will use this date to prepare quarterly reports on the correlation of the rainfall, stream flow, and
ammonia data. These reports will be submitted on a quarterly basis to the Department.
(g) All other terms of the permit shall remain the same.
WE CONSENT:
__________________________ _________________________________
Date James W. Potter
Attorney for Chargeurs Wool (USA) Inc.
__________________________ _________________________________
Date Matthew Penn
Attorney for South Carolina Department of Health and Environmental Control
SO ORDERED
________________________ _________________________________
Judge Ray N. Stevens Date November 19, 2002
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