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 Third Amendment to
Administrative Consent Agreement Number 92-15-SW.
I find that the terms of the settlement, which are set forth below, are reasonable and acceptable.
Accordingly, by and with the consent of both parties and their respective counsel, it is hereby
ordered that:
1. Area 3 is hereby deleted as a "Covered Matter" under the Agreement; however, the area may
be subject to a subsequent CERCLA investigation and any response action necessary pursuant to
that statute and the corresponding state statute, § 44-56-200, et seq., Code of Laws of South
Carolina (1976) (as amended), if the Department deems it necessary. Nolas fully reserves all of its
rights and defenses with respect to any such investigation and/or response action.
2. The Department's covenant not to sue and not to take civil or administrative action against
Nolas is hereby in effect for Area 1, Area 2, and the area at the site known to the parties to the
Agreement as the "old lagoons"; however, the covenant not to sue or take action shall explicitly
not extend to any other areas of the site and shall not be effective for any solid or hazardous waste
activities conducted in any areas referred to in this paragraph subsequent to the Department's
letter dated March 9, 1995 (with respect to the "old lagoons") or subsequent to the Second
Amendment to the Consent Agreement dated October 19, 1995 (with respect to Areas 1 and 2).
It is further ordered that this case be and hereby is dismissed, without prejudice.
AND IT IS SO ORDERED.
______________________________
Marvin F. Kittrell
Chief Administrative Law 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: |
