ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from the
South Carolina Department of Health and Environmental Control ("DHEC") directing the conduct
of a hearing due to the appeal by Harvey Hunt, d/b/a Rock Hill Motel & MHP ("Hunt") of DHEC's
Administrative Order 98-070-W, DWP (98-59-DWP, W). Prior to a hearing being held, the parties
have reached an agreement which will effectively conclude this matter without any findings of fact
or adjudication of the issues. This order will dispose of the issues raised in this matter.
The parties agree as follows:
1. Within forty-five (45) days of the effective date of this fully executed
Order, submit to the Department for review and approval, an assessment
of the waste disposal system at the Rock Hill Motel and MHP prepared by
a registered professional engineer. Such assessment shall include
recommendations of items to be addressed to ensure the operations of the
waste disposal system in compliance with applicable requirements.
2. Within thirty (30) days of the Department's approval of the engineering
plan, begin implementation of the recommendations included in the plan.
3. Pay to the Department a civil penalty in the amount of $4,000.00. This
Penalty shall be payable in eleven (11) monthly installments beginning on
March 1, 1999 in the amount of $333.33 and one final monthly payment of
$333.37. The checks shall be made payable to SCDHEC and shall be
submitted to the Enforcement Section, Bureau of Water.
4. The Administrative Order shall be rescinded by the Department.
5. The Department shall imposed stipulated penalties in the amount of fifty dollars
($50.00) per day in the event that Hunt fails to meet a deadline contained in this
Consent Order. However, no stipulated penalties shall be imposed for failure to
meet a scheduled deadline if such failure occurs due to circumstances beyond
Hunt's control. Should Hunt encounter circumstances beyond his control which prevent the meeting of any scheduled deadline contained in this Consent Order,
Hunt shall contact the Department as soon as possible prior to the scheduled
deadline to be missed, explaining the reason that the deadline shall be missed and
requesting an extension of such deadline.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this
contested case is dismissed.
IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
February 2, 1999
Columbia, South Carolina
WE SO MOVE AND CONSENT:
W. Thomas Lavender, Jr.
John W. Davidson
NEXSEN, PRUET, JACOBS & POLLARD, LLP
Post Office Drawer 2426
Columbia, South Carolina 29202
(803) 771-8900, telephone
(803) 253-8277, telecopier
Attorneys for Petitioner Harvey Hunt,
d/b/a Rock Hill Motel and MHP
Kelly D. H. Lowry
South Carolina Department of Health
& Environmental Control
Attorney for Respondent South Carolina
Department of Health & Environmental Control |
