ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Piney Grove Utilities'
Petition for a Contested Case Hearing to challenge Administrative Order 99-090-DW, issued by the Department on June 29,
1999. The parties have resolved all outstanding issues and wish to bring litigation of this matter to a close by entering into
the following agreement.
THEREFORE IT IS ORDERED:
(1) that the Respondent shall, within thirty (30) days of the execution date of this Order, submit public education for the lead
and copper exceedances which occurred at Albene Park prior to January, 1997.
- Within one hundred eighty (180) days of the execution date of this Order, resubmit the corrosion control study for the
Franklin Park water system to include target alkalinity and pH ranges for optimum corrosion control.
(3) Within one hundred eighty (180) days of the execution date of this Order, develop a business plan for both of the
referenced water systems which shall include a synopsis of the financial status, management, and facility operations. This
business plan is a tool for systems to identify a reasonable mechanism by which those systems can achieve compliance with
the State Safe Drinking Water Act and associated regulations.
(4) Within sixty (60) days of the execution date of this Order, implement the flushing program at Albene to insure that the
approved corrosion control program is being conducted. These records should include, but not be limited to, date, time,
location, flushing time, chlorine residual, gallons per minute, and water quality of flushing activities. The flushing protocol
shall be included in the system's written procedures manual as well. Flushing records shall be submitted to the Department
for review on a quarterly basis beginning with September, 1999 and continuing until September, 2000.
(5) Within one hundred eighty (180) days of the execution date of this Order, submit a preliminary engineering report (PER)
prepared by a professional engineer licensed in South Carolina for the construction of the new well house and storage facility
at Albene Park. In addition, this PER must include a report and corrective action plan to address the structural integrity of
the tank at Albene Park. All plans shall have Department approval before the start of any construction work.
6. Within one hundred and twenty (180) days of the execution date of this Order, address and correct each compliance
program area which is rated as "needs improvement"or "unsatisfactory" in item number seven (7) of the Findings of Fact of
Administrative Order 99-090-DW
7. The Respondent shall pay to the Department a civil penalty of twenty thousand dollars ($20,000.00). This penalty shall be
payable in quarterly installments of one thousand dollars ($1000.00) over a period of five years. The first installment shall be
due on June 1, 2000.
AND IT IS SO ORDERED.
_____________________________________
John D. Geathers
Administrative Law Judge
Columbia, South Carolina
December 8, 1999.
WE CONSENT:
______________________________________
Alexander G. Shissias
Office of General Counsel
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Phone (803) 898-3349
Fax (803) 898-3367
Attorney for Petitioner
_____________________________________
Louis H. Lang, Esq.
Callison, Tighe & Robinson, LLP
P.O. Box 1390
Columbia, SC 29201
Tel. 803- 256-2371
Fax: 256-6431 |
