ORDERS:
CONSENT ORDER
This matter is before the Court as a contested case proceeding in which the
Respondent, Ron Stevenson d/b/a Rolling S Golf Club, appeals Administrative Order 97-028-W
issued by the Petitioner, South Carolina Department of Health and Environmental Control, for
violations of the South Carolina Pollution Control Act, S.C. Code Ann. §§ 48-1-10 et seq. (1987 and
Supp. 1997) for failure to obtain appropriate stormwater permits from the Department prior to
initiating construction activities, and failure to implement adequate measures to control sediment and
off-site environmental impact. The parties have agreed to the issuance of this Consent Order in
settlement of Administrative Order 97-028-W.
NOW, THEREFORE, IT IS ORDERED that:
1. As a civil penalty for the violations cited in Administrative Order 97-028-W, the Respondent
shall pay to the Department the amount of seventeen thousand five hundred dollars
($17,500.00). The penalty shall be paid in quarterly installments in the amount of two
thousand nine-hundred and sixteen dollars and sixty-six cents ($2,916.66). The first
installment shall be due within thirty (30) days of the execution date of this Order, with
subsequent payments due each ninety (90) days thereafter until the penalty has been paid in
full.
2. The Respondent shall, within thirty (30) days of the execution date of this Order, submit to
the Department in writing a plan prepared by a professional engineer, landscape architect,
or Tier B land surveyor to remediate the off-site impact to the creek, springs and pond. The
parties shall promptly and diligently cooperate to ensure that an approvable remediation plan
is obtained within the timeframe provided. In accordance with the requirements of 24 S. C.
Code Ann. Regs. 61-9, a completed application for a general NPDES Permit shall be
included with the plan. The plan shall be completely implemented with sixty (60) days of
the receipt of approval by the Department. The Department will conduct periodic inspections
during implementation of the approved plan and both parties will cooperate and timely
communicate in writing to ensure that the plan is being properly implemented. Within ten
(10) days of completion of the remediation, the Respondent or his engineer shall submit a
letter informing the Department that the plan has been implemented and the property is ready
for final inspection. The Department shall perform the final inspection within ten (10) days
of receipt of this letter, and shall notify Mr. Stevenson in writing within (5) days of the
inspection that the plan has been correctly implemented.
3. Within sixty (60) days of the execution date of this Order, the Respondent shall implement
the existing stormwater pollution prevention plan for the Rolling S property as previously
approved by the Department, and in compliance with all conditions of Permit No. 30-96-11-03 and NPDES General Permit No. SCR 100000, both previously issued for Rolling S Golf
Club.
4. If any event occurs which causes or may cause a delay in meeting any of the above scheduled
dates for completion of any specified activity, the Respondent shall notify the Department
in writing at least one (1) week before the scheduled date, describing in detail the anticipated
length of the delay, the precise cause or causes of delay, if ascertainable, the measures taken
or to be taken to prevent or minimize the delay, and the timetable by which those measures
will be implemented.
The Department shall provide written notice as soon as practicable that a specified
extension of time has been granted or that no extension has been granted. An extension shall
be granted for any scheduled activity delayed by an event of force majeure, which shall mean
any event arising from causes beyond the control of the Respondent that causes a delay in or
prevents the performance of any of the conditions under this Consent Order including, but
not limited to: a) acts of God, fire, war, insurrection, civil disturbance, explosion; b) adverse
weather condition that could not be reasonably anticipated causing unusual delay in
transportation and/or field work activities, c) restraint by court order or order of public
authority; d) inability to obtain, after exercise of reasonable diligence and timely submittal
of all applicable applications, any necessary authorizations, approvals, permits, or licenses
due to action or inaction of any governmental agency or authority; and e) delays caused by
compliance with applicable statutes or regulations governing contracting, procurement or
acquisition procedures, despite the exercise of reasonable diligence by the Respondent.
Events which are not force majeure include by example, but are not limited to, unanticipated or increase costs of performance, changed economic circumstances, normal precipitation events, or any person's failure to exercise due diligence in obtaining governmental permits of fulfilling contractual duties. Such determination will be made in
the sole discretion of the Department.
IT IS FURTHER ORDERED AND AGREED that upon the failure of either party to comply
with any provision of this Order, such shall be grounds for further action before this Court.
AND IT IS SO ORDERED.
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
December 2, 1997
WE CONSENT:
Ron Stevenson d/b/a Rolling S Golf Club
The South Carolina Department of
Health and Environmental Control |
