ORDERS:
ORDER
The above-entitled case is pending before the Administrative Law Judge Division pursuant
to Petitioner's request to review the limits on discharge of certain effluents contained in the renewal
of NPDES Permit No. SC0003182. Petitioner filed a motion for summary judgment which was
heard on March 30, 1998. Based on the record of the hearing, this Court is satisfied that the
Petitioner and DHEC have agreed on the effluent limitations for chemical oxygen demand ("COD"),
biological oxygen demand ("BOD") and total suspended solids ("TSS"). Therefore, it is Ordered
that:
1. DHEC shall amend and reissue NPDES Permit No. SC0003182 (the "Permit"),
originally issued on September 11, 1997, within thirty (30) days of the effective date of this Order.
2. The reissued Permit shall contain the following amendments:
a. The Tier I Monthly Average effluent limitation for COD, shown on Page 2
of 21 of the Permit, shall be amended to read 12,700 lbs/day, rather than
12,300 lb/day as currently indicated.
b. The Tier I Daily Maximum effluent limitation for COD, shown on Page 2 of
21 of the Permit, shall be amended to read 25,400 lbs/day, rather than 24,700
lbs/day as currently indicated.
c. The Tier II Monthly Average effluent limitation, shown on Page 4 of 21 of
the Permit, shall be amended to read 15,900 lbs/day, rather than 15,500
lbs/day as currently indicated.
d. The Tier II Daily Maximum effluent limitation for COD, show on Page 4 of
21 of the Permit, shall be amended to read 31,800 lbs/day, rather than 31,100
lbs/day as currently indicated.
e. The Tier I Monthly Average effluent limitation for BOD, shown on Page 2
of 21 of the Permit, shall be amended to read 792 lbs/day; rather than 800
lbs/day as currently indicated.
f. The Tier I Daily Maximum effluent limitation for BOD, shown on page 2 of
21 of the Permit, shall be amended to read 1,600 lbs/day; rather than the
1,620 lbs/day as currently indicated.
g. The Tier II Monthly Average effluent limitation for BOD, shown on Page 4
of 21, of the Permit, shall be amended to read 995 lbs/day; rather than the
1,020 lbs/day as currently indicated.
h. The Tier II Daily Maximum effluent limitation for BOD, shown on Page 4 of
21 of the Permit, shall be amended to read 2,010 lbs/day; rather than the
2,070 lbs/day as currently indicated.
i. The Tier I Monthly Average effluent limitation TSS, shown Page 2 of 21 of
the Permit, shall be amended to read 2,070 lbs/day; rather than the 2,090
lbs/day as currently indicated.
j. The Tier I Daily Maximum effluent limitation for TSS, shown on Page 2 of
21 of the Permit, shall be amended to read 4,180 lbs/day; rather than the
4,220 lbs/day as currently indicated.
k. The Tier II Monthly Average effluent limitation for TSS, shown on Page 4
of 21 of the Permit, shall be amended to read 2,590 lbs/day; rather than the
2,650 lbs/day as currently indicated.
l. The Tier II Daily Maximum effluent limitation, shown on Page 4 of 21 of the
Permit, shall be amended to read 5,240 lbs/day; rather than the 5,350 lbs/day
as currently indicated.
3. This Order only grants relief related to the proper effluent limitations for COD, BOD,
and TSS in the Permit. The Petitioner continues to challenge to the DHEC's interpretation of
antibacksliding policies and application of that interpretation to Petitioner's NPDES permits in South
Carolina.
4. In its 4th Amended Prehearing Statement, Petitioner states that it has amended its
request for relief by seeking an injunction prohibiting DHEC from continuing to implement
unwritten antibacksliding policies with respect to the NPDES permit which is the subject of this
action and other NPDES permits for its other facilities in the State. Since the effluent standards for
the NPDES permit in this action have been revised upon agreement of the parties, the issue which
Petitioner seeks to raise is now moot. With respect to other NPDES permits held by Petitioner for
other facilities in the state, these other permits are not yet subject to review, modification, or renewal.
Injunctive relief as to these permits is inappropriate because this issue is not "ripe" for review.
5. Based upon the above, the discovery requests including the scheduled deposition of
DHEC employees on the antibacksliding issue are inappropriate and are hereby vacated.
For the foregoing reasons, it is ORDERED that NPDES Permit No. SC0003182 is amended
as reflected in this order. DHEC shall issue the amended permit within 30 days of the date of this
order. The amendment by Petitioner to seek injunctive relief is denied and any discovery issued
pursuant to the amendment is vacated. This action is, therefore, dismissed.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
June 3, 1998
Columbia, South Carolina |
