ORDERS:
ORDER OF DISMISSAL
Petitioner applied for and was granted NPDES Permit No. SC0020770 for its facility on S. Tyger
River in Spartanburg County, South Carolina. The permit imposed, among other things, new
ammonia limits related to flow. Petitioner objected to the flow rate and the present Contested Case
action ensued. Petitioner and Respondent have resolved, in principle, the matters which led to the
initiation of the present Contested Case.
After negotiations and a detailed evaluation of the S. Tyger River WWTP, the parties have agreed
to modify the permit as follows:
1. Paragraph 1 in Part I(A) is modified to read:
INTERIM LIMITS During the period beginning on the effective date of this permit
and lasting until May 31, 2000, or the date the Permit to Operate for the WWTP
Consolidation Project is issued, whichever occurs first, the permittee is authorized to
discharge from outfall serial number 001. Such discharge shall be limited and
monitored by the permittee as specified below.
2. Paragraph 2 in Part I(A) is modified to read:
FINAL LIMITS During the period beginning June 1, 2000, and lasting through
the expiration date, the permittee is authorized to discharge from outfall serial number
001. Such discharge shall be limited and modified by the permittee as specified below.
3. The period reference in Paragraph I in Part I(B) is changed from 44 months to May
31, 2000.
4. The period reference of Paragraph 4 in Part I(B) is changed from 44 months to June
1, 2000.
5. Subparagraph 1(a) in Part I(D) is deleted in its entirety.
6. Subparagraph 1(b) in Part I(D) is modified to read:
The following schedule shall be utilized to abandon the treatment facility and to
transfer its wastewater to the Maple Creek WWTP:
1. Submit an approvable preliminary engineering report by March 31, 1997.
2. Submit approvable plans and specifications by March 31, 1998.
3. Start construction by November 30, 1998.
4. Complete construction by March 31, 2000.
5. Eliminate the effluent discharge by May 31, 2000.
7. Paragraph 2 in Part III(F) is deleted in its entirety.
THEREFORE, upon motion of the Respondent, by and with the consent of the Petitioner, this
Contested case is hereby dismissed without prejudice. This appeal can be reinstated if the United
States Environmental Protection Agency does not concur in this modification to the permit.
IT IS SO ORDERED.
____________________________________________
Marvin F. Kittrell
Administrative Law Judge
___________________, 1996
I SO MOVE:
___________________________
Thomas G. Eppink
Staff Counsel
SC DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL
2600 Bull Street
Columbia, South Carolina 29201
I CONSENT:
____________________________________
Stephen H. Brown
HILL, WYATT, BANNISTER & BROWN, L.L.P.
P.O. Box 2585
Greenville, SC 29602
(864) 242-5133
Attorneys for the Greer Commission on Public Works |
