South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Carolina Water Service, Inc., Teal on the Ashley Wastewater Treatment Facility vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Carolina Water Service, Inc., Teal on the Ashley Wastewater Treatment Facility

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
03-ALJ-07-0398-CC

APPEARANCES:
Mason A. Summers
Attorney for Respondent SC DHEC

E. Crosby Lewis
Attorney for Petitioner Carolina Water Service, Inc.
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Court pursuant to the Petition for Administrative Review filed by Carolina Water Service, Inc., requesting a contested case hearing regarding the Department’s issuance of NPDES Permit No. SC0030350 on August 21, 2003, for the Teal on the Ashley Wastewater Treatment Facility. Prior to a hearing in this case, the parties resolved all issues and have agreed that NPDES Permit No. SC0030350 shall be amended to include a revised schedule of compliance as follows:

Part IV. Schedule of Compliance (SC0030350)


A.Schedule(s)


1.This facility is considered a temporary treatment facility in accordance with Area Wide 208 Water Quality Management Plan. The permittee shall achieve compliance with the permit in accordance with the following schedules:


a.Elimination:

i. Within forty-five (45) days of an agreement for service being offered by Dorchester County (an agreement that would allow the interconnection of the collection system to the Dorchester collection system), submit to the Public Service Commission (PSC) a request to have this agreement approved.


ii. If the contract is approved by the PSC, within thirty (30) days of the PSC’s final order, submit to the Department plans and specifications and an application for a permit to construct (administratively and technically complete as required by applicable regulations) facilities addressing the portion of the interconnection that is the responsibility of CWS.

iii. Within forty-five (45) days of the issuance of the permit to construct the portion of the interconnection that is the responsibility of CWS, start construction on the connection to the Dorchester collection system (unless the construction on the Dorchester portion of the system has not begun).


iv. Within thirty (30) days of the date the Dorchester County interconnection facilities become operational (or 60 days after starting construction, whichever comes later), eliminate the discharge by connection to the Dorchester County facilities.

b.Upgrade: If the Public Service Commission (PSC) disapproves an agreement for service with Dorchester County, the permittee will upgrade the facility to meet final limits in accordance with the following schedule:

i.Start construction for facility upgrade within one hundred twenty (120) days of the PSC’s final order denying the agreement.

ii.Complete construction for facility upgrade within two hundred ten (210) days of the date of the start of construction.

iii.Comply with the final effluent limits on the first day of the second month after the date of completion of construction for facility upgrade.


This matter is therefore dismissed in accordance with the above terms.

AND IT IS SO ORDERED.


Brown Bldg.

 

 

 

 

 

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