ORDERS:
ORDER CONFIRMING SETTLEMENT
The Court has been advised that this case has been settled among the parties.
Accordingly, by and with the consent of all parties and their respective counsel,
IT IS ORDERED that:
1. The Final RCRA Part B Permit, Number SCD097631691 ("Permit") issued to the Respondent
Hoechst Celanese Corporation ("Hoechst") shall be amended by the Respondent South Carolina
Department of Health and Environmental Control ("Department") to provide that Solid Waste
Management Unit Number 25 ("Parking Lot Area") and Solid Waste Management Unit Number
26 ("Mound Area") shall be addressed as site stabilization activities regulated under the HSWA
Corrective Action Program. The text of the amendment is attached hereto as Exhibit A.
2. The draft work plan for investigating the Parking Lot Area shall be submitted by Hoechst, on
behalf of itself and the members of the PRP Group that has been organized for the purpose of
addressing contamination at the Parking Lot Area, to the Department within one hundred twenty
(120) days of the receipt by Hoechst of the foregoing amendment to the Permit, and that the work
described in the work plan shall commence by no later than thirty (30) days following receipt by
Hoechst of the Department's written approval of the work plan; and
3. The petitioner's appeal of the Permit is hereby dismissed, with prejudice, and this matter forever
ended.
IT IS SO ORDERED.
____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
Dated: September 11, 1995
WE CONSENT:
WYCHE, BURGESS, FREEMAN & PARHAM, P.A.
By: _________________________________
Bradford W. Wyche
Attorneys for the Respondent
Hoechst Celanese Corporation
Dated: September 6, 1995
SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL
By: ___________________________________
Jacqueline S. Dickman
Assistant General Counsel
Dated: September 8, 1995
_________________________________________
James S. Chandler,, Jr.
Attorney for the Petitioner
Milton M. Shockley, Jr.
Dated: September 7, 1995
EXHIBIT A
The Permit shall be amended by adding the following provision as VII.F.1.d.:
The Permittee will submit an approvable Site Stabilization
Workplan, in accordance with the Order Confirming
Settlement (dated ________ and included as Appendix ___),
which addresses SWMU 25 - Parking Lot and SWMU 26 -
Mound Area. SWMU 25 has been identified as a source of
off-site contamination to the Old Orchard Meadows tract.
This Workplan will address the assessment, corrective action
and remediation of SWMU 25 and the Old Orchard Meadows
tract and will be subject to all conditions of VII.F. INTERIM
MEASURES (IM), with the exception of the thirty (30) days
submittal required in Condition VII.F.1.a.
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