ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal of an
appeal from Respondent
William Earle Davenport (“Davenport”) directing the conduct of a
hearing to challenge the Petitioner South Carolina Department of Health and Environmental
Control’s (“DHEC”) issuance of Administrative Order 03-234-W on December 4, 2003, and
relating to alleged land-clearing activities and the alleged discharge of sediments into waters of the
State at the Davenport property located at the intersection of Floatella Road and Brownlee Road
in Laurens County, South Carolina (the “Property”). Prior to a hearing being held, the parties
have reached an agreement which will effectively conclude this matter without any findings of
fact, conclusions of law, or adjudication of the issues. Therefore, with neither party making any
admission of liability, Davenport’s petition appealing Administrative Order 03-234-W is hereby
dismissed subject to the terms and conditions set forth herein.
1. Davenport will pay a civil penalty in the amount of three thousand dollars ($3,000.00)
which will be due within thirty (30) days of the entry of this Order.
2. Davenport has installed sediment control measures on the Property for the purpose of
preventing discharges of sediment into the waters of the State. Specifically, he has filled in
gullies, terraced the Property, seeded disturbed areas, and installed silt fencing. However, at
present there are additional areas that need to be stabilized and ruts on the down-gradient side of
the lower silt fence that need to be filled and stabilized. Also, additional sediment control
measures are needed to preclude ruts from reoccurring.
Specifically, Davenport shall perform the following within thirty (30) days of entry of this
Order: (1) Davenport shall stabilize non-vegetated or sparsely vegetated areas of the Property
with vegetative, synthetic and/or naturally occurring materials; and (2) Davenport shall submit to
DHEC a maintenance and inspection program, certified by a professional engineer, registered
landscape architect or Tier B land surveyor, pursuant to the applicable State regulations, that will
preclude soils from leaving the Property where land-clearing activities have taken place. The
maintenance and inspection program must include weekly (and within a reasonable time of a
significant rainfall event) inspection of the Property and erosion control devices by a qualified
person until the Property is adequately stabilized. These inspections shall be documented and
records maintained.
3. In addition, while Davenport is the record owner of the Property, Davenport must in
the future repair devices immediately after discovering that they are in disrepair, and the Property
must be maintained such that it remains stabilized (i.e. ruts are repaired, bare spots are re-seeded,
etc.). If it is determined in the future that the type of sediment and erosion control devices that
have been implemented are not effective in preventing sediment from leaving the Property and/or
entering waters of the State, more effective devices must be implemented immediately.
4. In the event Davenport decides to conduct additional land-clearing activities on the
Property in the future, Davenport shall apply for applicable State and/or Federal discharge
permit(s) prior to commencing any such land-clearing activities.
5. Now and in the future, Davenport shall comply with the Stormwater Management and
Sediment Reduction Act, S.C. Code Ann. § 48-14-30, DHEC Reg. 61-9 and the S.C. Pollution
Control Act to prevent the discharge of sediment into the waters of the State.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this
contested case is dismissed.
IT IS SO ORDERED.
_______________________________
Honorable John D. Geathers
Administrative Law Judge
July15, 2004
Columbia, South Carolina |
