ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, the Respondent, the South Carolina Department of Health and Environmental Control, (DHEC or the
Department) is an agency of the State of South Carolina vested with all the powers, functions, and duties granted to the
Department and its officers and agents by statute, the Department is charged with implementation of the State Drinking
Water Act, S.C. Code Ann. 44-55-10, (1976, as amended) and regulations promulgated thereunder: S. C. Code Ann Regs.
61-58.11; S.C. Code Ann. Regs. 61-58.6 (E), (1976, as amended); S.C. Code Ann. 44-55-40 (h) and 44-55-80; and R. 61-58 of the State Primary Drinking Water Regulations and R. 61-71 of Well Standards; and
WHEREAS, the Petitioner, Sugar and Spice Child Development Center and Kindergarten, is responsible for the operation
and maintenance of the public water system, permit number 40-70128, (the PWS) which serves Sugar and Spice Child
Development Center in Richland County, South Carolina; and
WHEREAS, the Department alleges that Petitioner violated the Safe Drinking Water Act, S.C. Code Ann. 44-55-10,
(1976, as amended) and regulations promulgated thereunder in that the Petitioner failed to monitor its PWS for lead and
copper for the January through June 1997 monitoring period, the July through December 1997 monitoring period, and the
January through June 1998 monitoring period; failed to issue public notice in a local daily newspaper of the lead and copper
non-monitoring violations within thirty days of its receipt of the Notice of Violations; and due to such violations subjected
itself to the assessment of civil penalties as authorized by S.C. Code Ann. 44-55-90, (1976, as amended), State Safe
Drinking Water Act; and
WHEREAS, the Department issued Administrative Order 99-72-DW to Petitioner on June 9, 1999, stating that within
fifteen (15) days of the Order, that the Petitioners shall issue public notice of non-monitoring violations by placing an ad in
a local daily newspaper and submit a copy of the public notice, along with an affidavit from the newspaper, to the
Department, and that within thirty (30) days of the Order, the Petitioner shall pay to the Department a civil penalty in the
amount of eight-thousand eight-hundred twenty-five ($8825.00) dollars; and
WHEREAS, the Petitioner appealed Administrative Order 99-72-DW, stating that it had taken all possible steps to comply
with the State Safe Drinking Water Act, and had attempted to cooperate to the best of its ability with the Department's
efforts to ensure such compliance, and that payment of the fine, as sought by the Department, was a financial impossibility
for the Petitioner at the present time; and
WHEREAS, subsequent submission of documentation by the Petitioner, as required by the Order, and submission by the
Petitioner of proof of its inability to pay a penalty of more than one thousand dollars ($1,000.00), has been received by the
Department; and
WHEREAS, the Department, after review of the Petitioner's proof of compliance and the evidence of inability to pay,
consents to a reduction of the penalty to one thousand dollars ($1,000.00); and
WHEREAS, the Petitioner also consents to dismissal of the appeal; and
WHEREAS, the parties to this action have reached an agreement as outlined below that will dispose of this case without
further proceedings;
NOW THEREFORE IT IS ORDERED AND AGREED that the Petitioner shall pay a reduced penalty in the amount of one thousand dollars ($1,000.00), in ten (10) monthly installments, pursuant to its
agreement with the Department.
IT IS FURTHER ORDERED AND AGREED that the issues underlying Administrative Order 99-72-DW are resolved
and this contested case proceeding is hereby dismissed.
AND IT IS SO ORDERED.
________________________________________ April 10, 2000
The Honorable Ralph King Anderson Date
Administrative Law Judge
WE CONSENT.
_________________________________________
Carol Raines, Sugar and Spice Date
Child Development Center
_________________________________________
Jackie Raines, Sugar and Spice Date
Child Development Center
________________________________________
Samuel L. Finklea, III Date
Chief Counsel for EQC
Attorney for Respondent
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