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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
City of Anderson vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
City of Anderson


Respondent:
South Carolina Department of Health and Environmental Control

IN RE: Anderson Rocky River NPDES Permit SC 0023744
 
DOCKET NUMBER:
95-ALJ-07-0159-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Petitioner applied for and was granted NPDES Permit SC 0023744 for its facility on Rocky River 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 NA which led to the initiation of the present Contested Case.

Revised final ammonia limits are based upon monthly 7Q10 flows developed by the USGS, 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 9.46 14.19
February 11.15 16.73
March 10.00 15.00
April 10.71 16.07
May 7.86 11.79
June 6.22 9.33
July 6.00 9.00
August 5.34 8.01
September 4.47 6.71
October 4.79 7.19
November 6.00 9.00
December 7.73 11.60


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. The Petitioner reserves the right to determine further site specific limits for ammonia under the terms and conditions of Part III (F) paragraph 3 and related permit requirements.

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


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