ORDERS:
ORDER OF DISMISSAL
Petitioner applied for and was granted NPDES Permit SC 0023752 for its facility on
Generostee Creek in Anderson 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.
Revised final ammonia limits are based upon monthly 7Ql0 flows developed by the
USES, monthly stream temperatures, a pH of 7, and new tables for ammonia criteria developed
by Mr. Russell Erickson. EPA s Environmental Research Laboratory - Duluth. as reported in
memorandum dated July 9, 1992, reflecting the dropping of the white sucker ACR and temperature caps (TCAP). `
After negotiations, the submittal of site specific flow information, and technical
information on ammonia aquatic effects, the parties have agreed to modify the permit limits for
ammonia as follows:
1. The effluent limitations in Part I(A) "Final Limits" are modified to read:
Period
|
Monthly Average (mg/l)
|
Weekly Average (mg/l)
|
January |
5.27 |
7.91 |
February |
5.45 |
8.18 |
March |
5.55 |
8.33 |
April |
5.23 |
7.85 |
May |
4.28 |
6.42 |
June |
3.78 |
5.67 |
July |
3.51 |
5.27 |
August |
3.24 |
4.86 |
September |
3.06 |
4.59 |
October |
3.28 |
4.92 |
November |
3.74 |
5.61 |
December |
4.41 |
6.62 |
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.
______________________________
ALISON RENEE LEE
Administrative Law Judge
August 23, 1995
Columbia, South Carolina.
I SO MOVE: I CONSENT:
____________________________ ________________________
Thomas G. Eppink James W. Potter
Staff Counsel Elizabeth F. Mallin
South Carolina Department of Health McNair Law Firm, P.A.
and Environmental Control Post Office Box 11390
2600 Bull Street Columbia, South Carolina 29211
Columbia, South Carolina 29201
Attorney for Respondent __________________________
Richard D. Ruhle
1200 South Main Street
Post Office Box 107
Anderson, South Carolina 29622
Attorneys for Petitioner |