South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Nolas Trading Company, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Nolas Trading Company, Inc.


Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
95-ALJ-07-0201-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

The petitioner Nolas Trading Company, Inc. ("Nolas") and the respondent South Carolina Department of Health and Environmental Control ("Department") have notified me that this case has been settled pursuant to certain terms that will be embodied in a Second Amendment to Administrative Consent Agreement Number 9215-SW (such amendment being hereinafter referred to as "the Amendment").

I find that the terms of the settlement, which are set forth below, are reasonable and acceptable. Continuing delay is not in the interests of either party.

Accordingly, by and with the consent of both parties and their respective counsel, IT IS HEREBY ORDERED that:

1. The Department will review the information submitted by Nolas during August of 1995 regarding Area 3 and will, by no later than 15 days following the "effective date" (as defined in paragraph 6 hereof) of the Amendment, submit to Nolas any comments or any requests for additional information that is contained in the files of Nolas or its consultant, Davis & Floyd, Inc. At the same time, the Department shall submit to Nolas any request that additional investigations regarding Area 3 be conducted by Nolas.

2. Nolas will respond to any such comments or requests for additional information submitted by the Department within 10 days of Nolas' receipt thereof. Nolas may, but is not required to, conduct additional investigations regarding Area 3 requested by the Department. At the time of its responses to the Department's comments and requests for additional information, Nolas will notify the Department if it will conduct the additional investigations. If Nolas is willing to do so, those investigations will be conducted, and the results thereof submitted to the Department, within 30 days of Nolas' receipt of the Department's request.

3. The Department will issue its final decision of the proposed remediation (no action) plan submitted by Nolas for Area 3: (a) by no later than 45 days following the effective date of the Amendment (if no comments, requests for additional information or requests for additional investigations are submitted by the Department as provided above), (b) by no later than 15 days following the Department's receipt of Nolas' response to any comments or requests made by the Department, or (c) by no later than 15 days following the Department's receipt of the results of any additional investigations of Area 3 performed by Nolas pursuant to paragraph 2 above, whichever is applicable.

4. The Department hereby approves the proposed remediation (no action) plan for Areas 1 and 2.

5. Nolas will not deny the Department access to the site.

6. The "effective date" of the Amendment shall be that date on which the Department receives the signed Amendment from Nolas.

7. The foregoing terms will be embodied in a formal Second Amendment to Consent Agreement Number 92-15-SW, to be promptly prepared and executed by the parties and their counsel.

8. While the Department does not concede that the Administrative Law Division has subject matter jurisdiction to enter this Order, the Department does agree that the decision to be made pursuant to paragraph 3 hereof will constitute final agency action subject to the jurisdiction of, and review by, this Division, pursuant to the Administrative Law Judge Division Rules of Procedures and the Administrative Procedures Act.

In the event Nolas wishes to challenge the final decision made pursuant to paragraph 3 hereof, it shall do so by filing and serving an amended Petition for Review upon the Department within 20 days of Nolas' receipt of such decision, and such Petition shall thereafter be expeditiously addressed pursuant to the rules and procedures of this Division.

IT IS SO ORDERED.

____________________________________
Marvin F. Kittrell
Chief Judge

Columbia, South Carolina
Dated:

WE CONSENT:

WYCHE, BURGESS, FREEMAN & PARHAM, P.A.

By: ______________________________
Bradford W. Wyche
Attorneys for the Petitioner

Dated:

SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL

By: ______________________________
William A. Ready, III
Attorney for the Respondent

Dated:


Brown Bldg.

 

 

 

 

 

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