ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal of an
appeal from Petitioner Easley Site Trust directing the conduct of a hearing to challenge the South
Carolina Department of Health and Environmental Control’s (“DHEC’s”) issuance of
Petitioner’s National Pollutant Discharge Elimination System (NPDES) Permit No. SC0046396
on February 19, 2004, and relating to a groundwater extraction and air stripping treatment system
at a facility located at 183 Rolling Hills Circle, Easley, Pickens County, South Carolina. Prior to
a hearing being held, the parties have reached an agreement which will effectively conclude this
matter without any findings of fact or adjudication of the issues. Therefore, Easley Site Trust’s
Petition appealing NPDES Permit No. SC0046396 may be dismissed.
The Petitioner and Respondent further announce that they have agreed to revised NPDES
permit conditions that will result in deletion of the requirement that Easley Site Trust conduct
Whole Effluent Toxicity (WET) testing at the facility. This agreement will be reflected in
DHEC’s issuance of a revised NPDES Permit No. SC0046396 specifically as follows:
1. Part III, Section B. Effluent Toxicity Limitations and Monitoring Requirements: This
section will now simply read : “N/A” and the current requirements placed in this section of the
appealed permit will be completely deleted.
2. Part V, Section B. Whole Effluent Toxicity and Other Biological Monitoring
Requirements: This section will also now simply read : “N/A” and the current requirements
placed in this section of the appealed permit will be completely deleted.
3. Rationale, Part III. Permit Limitations and Monitoring Requirements, Whole Effluent
Toxicity (WET): This section will now read as follows:
“Previous Permit Requirements: WET is being evaluated per requirements of Regulation
61-9.122.44(d)(1). The Department is considering the cumulative effect of pollutants being
discharged, the variability of the pollutants, and the receiving water dilution in the
determination of WET conditions. The Permittee is presently required to conduct whole effluent
chronic toxicity testing. The Permittee was required to meet toxicity limits beginning December
1, 2003.
DMR Data: A review of DMR results for the chronic toxicity test reveals that since the
permit went into effect, EST has had 17 failures out of 19 tests
The Permittee has supplied the Department with additional information in order for the
Department to evaluate WET testing. EST is treating groundwater which contains large
amounts of natural occurring iron. The discharge goes into the headwaters of Hamilton Creek,
which also contains large amounts of iron. Should EST not pump the groundwater, the
groundwater will then discharge into the headwaters of Hamilton Creek. The permittee has
provided the Department toxicity testing data that shows that toxicity failure is the result of the
high iron content in the groundwater. EST does remove most of the iron during treatment of the
groundwater, but during times of high iron content toxicity failures occur. Per sampling data,
EST has demonstrated to the Department, that WET testing should not be required since toxicity
is a result of the high naturally occurring iron. Also, the treated discharge is having a positive
effect on the receiving stream. Therefore, WET testing is not being required.”
4. The Table of Contents and page numbers will be adjusted as necessary for the above-listed modifications.
The parties further agree that NPDES Permit No. SC0046396, revised as set forth above,
shall be issued within five (5) business days of the date this Order is signed by the Administrative
Law Judge, and will be effective on the fist day of the month that comes immediately after the
date of issuance.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this
contested case is dismissed.
IT IS SO ORDERED.
________________________
Honorable Ray N. Stevens
Administrative Law Judge
June 15, 2004
Columbia, South Carolina |
