ORDERS:
FINAL ORDER
In this case, the Petitioner, Lynches River Coalition/Clean Water, has challenged the decision of
the South Carolina Department of Health and Environmental Control ("DHEC") to modify and
reissue NPDES Permit No. SC0046311 (the "Permit") to the City of Lake City (the "City"). The
parties have negotiated a settlement of this matter and desire that the settlement be made the
order of the Administrative Law Judge Division as the final agency determination in this case.
The agreed settlement is as follows:
1. The Department shall immediately modify the Permit as follows:
Page 3 of the permit shall be amended as to the winter (November-February) discharge
limitations for NH3-N, Cadmium, Copper, and Lead to read as follows:
NH3-N
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15.0 mg/l Monthly
Average
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22.5 mg/l Daily
Maximum
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Cadmium
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0.014 mg/l Monthly
Average
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0.04 mg/l Daily
Maximum
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Copper
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0.146 mg/l Monthly
Average
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0.2 mg/l Daily Maximum
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Lead
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0.05 mg/l Monthly
Average
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0.76 mg/l Daily
Maximum
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2. The aforementioned modification shall be issued and effective immediately with the
original Permit expiration date.
3. Commencing with the reporting period immediately following the date of this Order and
continuing through August 1998:
a. The City shall mail to the Petitioner a copy of each monthly Discharge Monitoring
Report (DMR) and each quarterly Pretreatment Summary Report (PSR) the City receives
from Nan Ya Plastics Corporation. DMRs shall be mailed to Petitioner at the same time it
submits same to DHEC; PSRs will be mailed to Petitioner within one week after receipt by
the City. The DMRs and PSRs shall be mailed by the City to the Petitioner at the following
address:
Lynches River Coalition/Clean Water
Post Office Box 1082
Lake City, South Carolina 29560
or to such other address as the Petitioner shall provide to the City in writing from time to
time.
b. Upon written request from the Petitioner, the City shall provide to the Petitioner such
other or additional documents relating to the treatment plant and pretreatment permits as
the Petitioner shall reasonably request. The City shall respond to such requests within the
timeframes specified by the Freedom of Information Act. The City shall charge the
Petitioner reasonable copying costs for such additional documents, but shall not charge for
search time or other charges relating to such reasonable requests. Reasonable requests shall
be understood to mean requests submitted no more frequently than monthly for documents
in the possession of the City and maintained in the City's ordinary course of business.
4. Within ninety (90) days from the date of this Order, the City shall engage a qualified
environmental engineering consultant to conduct a feasibility study identifying inflow and
infiltration sources and analyzing the costs and benefits of repairing same. The City shall
submit a written report of the results of the study no later than one hundred eighty (180)
days from the date of this Order to DHEC, with a copy to the Petitioner.
5. This appeal shall be terminated, with prejudice, except that the parties retain the right to
enforce any affirmative obligations contained in this Order.
NOW, THEREFORE, upon the joint motion of the parties.
IT IS HEREBY ORDERED that the agreements stated above are hereby made the order of the
Administrative Law Judge Division, and this case is hereby DISMISSED, with prejudice, except
as to the parties retain the right to enforce any affirmative obligations contained in this Order.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 16th day of August, 1996
Columbia, South Carolina
WE SO MOVE AND CONSENT:
_____________________________
James S. Chandler, Jr.
Attorney for Petitioners
_____________________________
W. Thomas Lavender, Jr.
Attorney for City of Lake City
_____________________________
Samuel F. Finklea, III
Attorney for DHEC |
