ORDERS:
CONSENT ORDER OF DISMISSAL
The South Carolina Department of Health and Environmental Control (DHEC), by and
through its undersigned attorney, and with the consent of Petitioner, moves pursuant to DHEC Regulation
61-72 for an order to Dismiss Appellant's Appeal provided that Mr. Pracht comply with the following
stipulations:
1. Prior to any future disposal of solid waste in South Carolina, obtain a permit from the
Department to operate a waste disposal facility, or said disposal shall be in a permitted landfill designed
for such disposal.
2. Within thirty (30) day of the effective date of this fully executed Order, submit plans for
the proper closure of Sites 1 and 3 in accordance with part IV., Section G. of Regulation 61-107.11
("Regulation") to the Department for review and approval. A separate plan must be submitted for Site 1
and 3 respectively. As previously discussed, each plan must be complete, detailed, and must include time
frames, not to exceed six (6) months, with regards to the proper closure of each site. In addition, the closure
plans must also incorporate any regulatory requirements as deemed necessary by the U. S. Army Corps of
Engineers in regard to any relevant wetlands issues at the sites.
3. Within thirty (30) days of receipt of any comments from the Department regarding the closure
plans, revise as necessary, and re-submit the plan(s) (or selected revisions) to the Department adequately
addressing and satisfying the requirements of the Regulation and concerns of the Department.
4. Within fifteen (15) days after receiving Departmental approval of the closure plans, begin
implementation of said plans for the proper closure of Sites 1 and 3.
5. Pay to the Department a civil penalty in the amount of five thousand two hundred dollars
($5,200.00) for the violations cited herein. This penalty shall be waived if Mr. Pracht complies with all
of the conditions of items 1 through 4. This penalty check shall be made payable to the South Carolina
Department of Health and Environmental Control and shall be submitted to the Solid Waste Enforcement
Section of the Department no later than thirty (30) days from receipt of notice of noncompliance.
AND IT IS SO ORDERED.
WE CONSENT:
John C. Pracht Samuel L. Finklea, III, Esq.
Ray N. Stevens
Administrative Law Judge
October 20, 1997
Columbia, South Carolina
(Consent Order of Dismissal Prepared by Samuel L. Finklea, III, Esq. and Scanned)
|
