ORDERS:
AMENDED CONSENT ORDER
This Order amends and supersedes the Order of this Court, originally dated November 19,
1996.
This matter is before the Court pursuant to an Order calling for Status Reports from the
parties and a request from the Petitioner Green Oasis Environmental, Inc. (hereinafter "GOE") to
present said Status Reports on the Record. Pursuant to this request and the Order of this Court dated
October 16, 1996, a hearing was conducted on Monday, November 4, 1996, at the Administrative
Law Judge Division in Columbia, South Carolina. At this hearing the Court was advised that the
parties had agreed to resolve all outstanding issues related to the start-up, initial testing and the
ultimate permitting of Petitioner's waste oil recycling machinery and desired confirming this
agreement in the form of a scheduling agreement and Consent Order. Having heard from the parties
the proposed schedule and finding this agreement represents a reasonable attempt to resolve these
issues, and further having confirmed with the parties that they consent to this schedule and wish it
set forth in a written Order.
IT IS THEREFORE ORDERED
1. The Consent Order issued by this Court on March 23, 1995, authorizing start up and
testing of the GOE waste oil recycling unit which was at the time of said Consent Order located near
Mt. Pleasant, South Carolina, applies with full force and effect to the unit now relocated to the Allied
Terminal Facility in the City of Charleston.
2. GOE will submit to the Department of Health and Environmental Control, Bureau
of
Air Quality (hereinafter "DHEC"), by November 8, 1996, all supplemental information requested
by DHEC relating to the new location of the facility and known modifications to the process unit and
control device.
3. GOE will submit to DHEC, no later than November 29, 1996, a revised Operations
and Maintenance (O&M) Manual describing start up, operating, and maintenance procedures.
DHEC will review and respond to GOE addressing the adequacy of this O&M manual by January
15, 1997.
4. GOE will submit to DHEC, no later than November 29, 1996, a proposed source test
protocol, DHEC will review and respond to GOE addressing the adequacy of this source test
protocol by January 15, 1997.
5. Upon approval of an O&M manual and source test protocol, GOE may bring its unit
on line and begin start up operation. Start up commenced on March 13, 1997. Within ninety (90)
days of start up, GOE will conduct and conclude a source test pursuant to the approved test protocol
and with notice to DHEC of the proposed test date, with as much advance notice as possible, but no
less than five (5) days before beginning the actual test.
6. Upon completion of the source test, GOE will cease operation of the unit and provide
the results of the test data and compliance determination to DHEC. DHEC will, within thirty (30)
days, review the test data and compliance determination and advise GOE if compliance has been
demonstrated.
7. If DHEC determines, upon review of the source test data, that GOE has successfully
demonstrated compliance with NSPS Standard Subpart NNN and other applicable air quality
standards, GOE will update their current permit application as necessary. DHEC will prepare and
place on notice a proposed air construction permit. Such unit shall not be modified or placed in
operation after testing until all proper permits are obtained as discussed in Paragraph Number 9 of
this Order.
8. If DHEC determines, upon review of the test data and compliance determination, that
the unit does not comply with NSPS Standard Subpart NNN and other applicable air standards, GOE
shall withdraw the permit application with leave to submit a new permit application with data
demonstrating ability to comply with all applicable standards.
9. After shutdown, as detailed in Paragraph Number 6, operation of the unit shall not
recommence until such time as GOE secures from DHEC all final permits necessary to lawfully
operate the unit, including, but not limited to, an air construction permit, a NPDES stormwater
permit, a waste oil processing unit permit, and OCRM consistency certification.
10. This Order is for the purposes of the original application for permit, as amended, only.
Any variance from NSPS Standard Subpart NNN shall require that GOE shall withdraw the permit
application with leave to submit a new permit application with data demonstrating ability to comply
with all applicable standards.
11. The testing period provided for by Paragraph Number 5 of this Order shall be the only
opportunity for unpermitted operation in the State of South Carolina. Subsequent to the test period,
no other unpermitted testing or operation shall be allowed for this or any other GOE unit.
12. The temporary permission to use "pump and haul" for NPDES stormwater permitting
purposes and the conditions contained therein will remain in effect until June 30, 1997.
In all matters set forth herein, the parties acknowledge the concerns of the others.
Specifically, GOE is concerned with bringing its unit on line as soon as possible so as to demonstrate
both the feasibility of its technological process as well as its ability to comply with environmental
standards. DHEC, in turn, is concerned that all issues are thoroughly reviewed and resolved so that
any permit that may ultimately result will ensure that environmental standards are met. Additionally,
DHEC has certain administrative constraints as well as statutorily and/or regulatorily mandated
review times that are unavoidable. The parties have agreed that the key to achieving the ends both
desire is through regular and on going communication and "good faith" dealing with each other.
Both parties have agreed to pursue this process with those guiding principles in mind.
Therefore, upon motion and consent of both parties, the schedule set forth above shall be
implemented.
AND IT IS SO ORDERED.
_______________________________________
Stephen P. Bates
Administrative Law Judge
This 9th day of May, 1997.
_____________________________ ______________________________________
Christopher McG. Holmes Thomas G. Eppink
192 East Bay St., Ste. 205 Staff Counsel
Charleston, SC 29401 South Carolina Department of
(803) 722-9899 Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
(803) 734-4910
Counsel for Petitioner Counsel for Respondent.
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