ORDERS:
CONSENT ORDER
This matter is before the Administrative Law Judge Division as a contested case proceeding in which Petitioner Carolina
Water Service, Inc. ("CWS") appeals Administrative Order 99-065 issued by Respondent Department of Health and
Environmental Control ("Department"). In the Administrative Order, the Department finds violations of the South Carolina
Pollution Control Act, S.C. Code Ann. §§ 48-1-10 et seq. (1998 Cum. Supp.) for unauthorized discharges arising out of
overflows from CWS's lift stations serving the Riverhill Subdivision in York County. Petitioner has set forth various defenses
in its appeal including, inter alia, that the discharges for which the Department seeks to impose civil penalties were the result
of Acts of God, not CWS's negligence, and are therefore exempt from liability under S.C. Code Ann. § 48-1-300 (1976).
Prior to the hearing in this matter, an agreement was reached between the parties to settle this matter via the consent order
attached hereto as Appendix A.
IT IS THEREFORE ORDERED that this case is hereby DISMISSED with prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
February 22, 2000
Columbia, South Carolina
APPENDIX "A"
THE STATE OF SOUTH CAROLINA
BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
IN RE: CAROLINA WATER SERVICE, INC./RIVER HILLS SUBDIVISION
YORK COUNTY
CONSENT ORDER
99-065-W
Carolina Water Service, Inc. (Respondent) owns and is responsible for the proper operation and maintenance of a
wastewater collection system (WWCS) which serves the residents of River Hills Subdivision located in York County, South
Carolina.
A review of the Respondent's file by the South Carolina Department of Health and Environmental Control (Department)
revealed a violation of the Pollution Control Act in that a bell joint on one of Respondent's force mains cracked, resulting in
an unauthorized discharge of untreated wastewater into the environment.
In accordance with approved procedures and policy, the Department has determined that it is appropriate and necessary to
issue this Order to include the following Findings of Fact and Conclusions of Law.
1. On September 24, 1998, a discharge occurred behind 310 Blucher Road. The Respondent notified the Department of the
discharge by telephone. Department personnel visited the site on September 25, 1998. The volume of wastewater spilled
was estimated at less than one thousand (1000) gallons, with less than four hundred (400) gallons entering waters of the
state. The spill report prepared by the Respondent indicated that the discharge was due to a force main that was cracked at
the bell joint. The Respondent cut out the damaged section of pipe and replaced it with new pipe and clamping. After the
repairs were completed, lime was applied to the site.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Respondent has violated the Pollution Control Act and regulations promulgated
thereunder S.C. Code Ann. § 48-1-10 et seq., (1976, as amended), as follows:
1. The Respondent is in violation of Code § 48-1-90(a) for discharging waste into the environment without a permit.
2. Code § 48-1-330 provides for a civil penalty not to exceed ten thousand dollars ($10,000.00) per day of violation.
NOW, THEREFORE, IT IS ORDERED, pursuant to §48-1-10 et seq., (1976, as amended), that the Respondent shall:
1. Within sixty (60) days of the date of execution of this Order, complete a sewer system evaluation study (SSES) of the
WWCS to determine if the existing lift station pumps are of adequate capacity. The SSES should include a draw-down
study of each lift station.
2. Within thirty (30) days of the execution date of this Order, install more effective lightning arrestors on the lift station at 55
Marina Road.
3. Within thirty (30) days of the date of execution of this Order, pay to the department a civil penalty in the amount of three
thousand five hundred dollars ($3,500.00).
IT IS FURTHER ORDERED that failure to comply with any provision of this Order shall be grounds for further
enforcement action pursuant to § 48-1-10 et seq., (1976, as amended), to include the assessment of civil penalties.
PURSUANT TO THIS ORDER, all requirements to be submitted to the Department shall be addressed as follows:
Anastasia Hunter-Shaw
Bureau of Water-Enforcement Division
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
The Respondent shall confirm, in writing, completion of Order requirements to the above address within five (5) days of
completion.
IT IS FURTHER ORDERED AND AGREED that failure to comply with any provision of this Order shall be grounds for
further enforcement action.
THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
DATE:
Douglas E. Bryant,
Commissioner
WE CONSENT:
Carolina Water Service, Inc.
DATE: By:
Its:
DATE:
Alton Boozer, Chief
Bureau of Water
DATE:
Valerie A. Betterton, Director
Water Enforcement Division
DATE:
Kelly D.H. Lowry
Attorney for Department |