ORDERS:
SETTLEMENT ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division on the request of J. H. Carr &
Associates, Laboratory I.D. No. 40111, on its request for a contested case hearing following the
issuance of a letter by the Department of Health and Environmental Control (DHEC) decertifying
the laboratory for analysis of volatile and semi-volatile compounds. After notice to the parties, a
hearing was scheduled for February 23, 1998. Prior to the start of the hearing, the parties were able
to reach an agreement relating to the issues.
The agreement between the parties is as follows:
DHEC sought to decertify the laboratory for the analysis of parameters known as
volatile and semi-volatile compounds which could be presented to the laboratory in
solid or liquid matrices. Based upon data provided to DHEC on February 20, 1998,
DHEC will rescind the decertification for volatile organic liquids. J.H. Carr shall
redo the minimum detection limits (MDL) for four gases identified in the
decertification documents within 30 days. In addition, J.H. Carr may reapply for
certification for the remaining parameters and matrices which DHEC will review
and consider expeditiously. Petitioner withdraws its request for a contested case
hearing on the decertification.
ORDER
Based upon the foregoing agreement, it is therefore
ORDERED, that the certification for volatile organic liquids is reinstated upon the
condition that the minimum detection limits for the appropriate gases are conducted by J. H. Carr
within 30 days. J. H. Carr may apply for certification in the remaining areas covered by the
decertification. DHEC will process the application expeditiously. The request for a contested case
hearing is hereby withdrawn, and this matter is DISMISSED.
AND IT IS SO ORDERED.
__________________________________
ALISON RENEE LEE
Administrative Law Judge
February 23, 1998
Columbia, South Carolina. |
