ORDERS:
CONSENT ORDER
This matter comes before the undersigned by way of an Agency Transmittal from the Department
of Health and Environmental Control ("the Department) for the conduct of a hearing from which
findings of fact and conclusions of law were to be made and an Order issued. Prior to the Hearing
scheduled in this matter, the parties reached an agreement which will effectively conclude this
matter without any findings of fact or adjudication of the issues. This Order will dispose of the
issues raised in this matter.
This proceeding involves an appeal by Petitioner Willamette Industries, Inc. Bennettsville Medium
Density Fiberboard Plant (the "Petitioners") of a determination made by the Department of Health
and Environmental Control (the "Department") that the Petitioner's Title V Air Operating Permit
Application was incomplete. This determination was due to the Petitioner's altering of the
application form as to the application and compliance certification. The Petitioner appeals the
Department's authority to require the certification language contained in the application.
After negotiations between the parties, the Department has revised the Section A Application
Certification Form and has issued an interpretive policy addressing the issues associated with this
form. A copy of the revised application form and the interpretive policy is attached and made a
part of this Order. The Petitioner has agreed to revise the Section P Compliance Certification
Form to comport with the Department's existing format.
The Department has already offered a revised State Operating Permit Program Title V Section A
Application Form and Certification to conform to the interpretive policy issued by the
Department.
Accordingly, by and with the consent of all parties, it is ordered and agreed as follows:
1. The Petitioner shall revise and resubmit to the Department its State Operating Permit
Program Title V Section P Compliance Certification Form to conform to the Department's
current format.
2. The appeal filed by the Petitioner shall be dismissed with prejudice.
IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
WE SO MOVE:
PETITIONER
By: ____________________________
W. Thomas Lavender, Jr., Esquire
Date: ____________________________
SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL
By: ____________________________
Thomas G. Eppink, Esquire
Date: ____________________________ |
