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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Eliskim, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Eliskim, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0202-CC

APPEARANCES:
n/a
 

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


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