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. |