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 |