ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from Eliskim, Inc. directing the conduct
of a hearing to seek the elimination of the South Carolina Department of Health and Environmental Control's ("DHEC")
requirement in Section IV.K.2, Table 2 of the Petitioner's reissued Post Closure RCRA Permit SCD 003 342 938 ("the
Permit"), relating to periodic sampling of certain groundwater monitoring wells for semi-volatile organic compounds
(SVOCs). 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. Therefore, Eliskim's Petition appealing Post- Closure RCRA
Permit # SCD 003 342 938 (the "Permit") may be dismissed.
The Petitioner and Respondent further announce that they have agreed that the Permit will be amended or modified by
Respondent as follows:
1. Table 2, Section IV.K.2 of Post-Closure Permit # SCD003 342 938 will be revised to require analysis for N-Nitrosomorpholine at wells W-9 and OS-1 to monitor N-Nitrosomorpholine concentrations, and at wells OS-5, OS-5D, OS-6, and OS-2D as sentry wells for possible migration. The Revised Table 2 is attached as Exhibit A to this Order.
2. No other wells or surface water monitoring points will require sampling for N-Nitrosomorpholine, except as noted in
revised Table 2, Section IV.K.2 as part of the Appendix IX sampling events. N-Nitrosomorpholine will not be removed
from the Groundwater Protection Standard List set forth in Table 1 of Section IV.K.2 and no other revisions will be made to
the Permit.
The parties further agree that Post-Closure Permit #SCD 003 342 938 with the revision described herein shall be issued as of
the date this Order is signed by the Court and shall expire ten (10) years from such date.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested case is dismissed.
IT IS SO ORDERED.
Honorable John D. Geathers
Administrative Law Judge
October 19, 1999
Columbia, South Carolina
WE SO MOVE AND CONSENT:
____________________________________
Nancy C. Monts
Attorney for the Petitioner
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
The Ogletree Building
300 North Main Street
Post Office Box 2757
Greenville, South Carolina 29602
(864) 271-1300 Telephone
(864) 235-4754 Fax
_______________________________
Jessica J.O. King
Attorney for the Respondent
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
(803) 898-3350 Telephone
(803) 898-3367 Fax
Table 2
Groundwater Monitoring Schedule
Eliskim, Inc.
SCD 003 342 938 EXHIBIT A
Well
|
Constituents |
GW Elevations (quarterly) |
Sampling Frequency |
W-1 |
B, Appendix IX |
* |
annually |
W-1D |
B, Appendix IX |
* |
annually |
W-2 |
B |
* |
semi-annually |
W-2D |
|
* |
|
W-3 |
B |
* |
semi-annually |
W-3D |
B |
* |
semi-annually |
W-4 |
|
* |
|
W-5 |
B |
* |
semi-annually |
W-6 |
|
* |
|
W-7D |
B |
* |
semi-annually |
W-8 |
B |
* |
semi-annually |
W-9 |
A |
* |
annually |
W-10 |
B |
* |
annually |
W-10D |
B |
* |
annually |
W-11 |
B |
* |
annually |
MW-11 |
B |
* |
annually |
MW-66 |
B |
* |
annually |
OS-1 |
A |
* |
semi-annually |
OS-1D |
|
* |
|
OS-2 |
|
* |
|
OS-2D |
C |
* |
semi-annually |
OS-3 |
|
* |
|
OS-3D |
|
* |
|
OS-4 |
B |
* |
semi-annually |
A- GWPS constituents plus field parameters (temp., pH, specific conductance)
B- GWPS constituents except for N-Nitrosomorphiline plus field parameters
C - Nitrosomorpholine plus field parameters (temp., pH, specific conductance)
SW- surface water sampling location
* - Groundwater elevation data collection
Table 2, cont.
Groundwater Monitoring Schedule
Eliskim, Inc.
SCD 003 342 938
Well
|
Constituents |
GW Elevations (quarterly) |
Sampling Frequency |
OS-5 |
A |
* |
semi-annually |
OS-5D |
A |
* |
semi-annually |
OS-6 |
A |
* |
semi-annually |
OS-7 |
B |
* |
semi-annually |
OS-8 |
B, Appendix IX |
* |
semi-annually
(Appendix IX annually) |
OS-8D |
B |
* |
semi-annually |
OS-9 |
|
* |
|
OS-10 |
B |
* |
semi-annually |
OS-11 |
|
* |
|
OS-12 |
B |
* |
semi-annually |
OS-13 |
B |
* |
semi-annually |
OS-14 |
B |
* |
semi-annually |
PZ-6 |
|
* |
|
PZ-7 |
|
* |
|
OS-PZ-1 |
|
* |
|
OS-PZ-2 |
|
* |
|
OS-PZ-3 |
|
* |
|
SW-A |
B |
* |
quarterly |
SW-B |
B, Appendix IX |
* |
quarterly, annually |
SW-C |
B |
* |
quarterly |
SW-D |
B |
* |
quarterly |
A- GWPS constituents plus field parameters (temp., pH, specific conductance)
B- GWPS constituents except for N-Nitrosomorphiline plus field parameters
C- Nitrosomorpholine plus field parameters (temp., pH, specific conductance)
SW- surface water sampling location
* - Groundwater elevation data collection |