ORDERS:
CONSENT ORDER OF DISMISSAL
The Department of Health and Environmental Control, Bureau of Land and Waste Management, ("Department") and Paul
Brookshire, without the adjudication of any issues of fact or law and upon the consent of the parties concerned hereto,
hereby agree to the terms of this Consent Order as follows:
FINDINGS OF FACT
1. On November 16, 1995, the Department and Mr. Brookshire entered into Consent Order 95-43-SW. This Order cited
Mr. Brookshire for illegal solid waste disposal at his property located off Ebenezer Road (the site) in York County, South
Carolina, and described by TMS number 591-2-1-94. The Order required him to obtain a permit from the Department to
operate a solid waste disposal facility before conducting any future disposal activities, and to ensure that illegal disposal
activities do not occur on property under his ownership or control. The Consent Order assessed a civil penalty in the amount
of two thousand six hundred dollars ($2600.00) but suspended the penalty upon the condition of future compliance.
2. On March 26, 1997, responding to complaints that Mr. Brookshire was again operating an illegal landfill/open dump at
the site, an inspection revealed that more illegal open dumping of construction, demolition (C&D), and land-clearing debris
(LCD) had occurred. The area where new dumping occurred is directly adjacent to area that was addressed in Consent
Order 95-43-SW. A further inspection on May 12, 1997, revealed that more debris had been dumped and that closure of the
site had not been accomplished, as required.
3. July 11, and July 15, 1997, inspections of the site revealed that more open dumping of C&D debris and LCD had
occurred into a wet weather drainage ditch along about 200 feet of the rear edge of the property. Closure of the site had not
been completed.
4. A July 18, 1997, inspection revealed that additional C&D debris had been dumped in the wet weather drainage ditch.
5. On April 24, 1998, a site inspection revealed that no adequate additional soil cover had been placed on the site and some
of the debris was still exposed. No vegetation had been established to prevent erosion.
6. Subsequent inspections, the latest occurring on July 10, 2000, revealed that Mr. Brookshire had eventually developed the
entire site, placing warehouses and a road on the site. However, there were still violations at the site, including:
a. C&D waste placed in the wet weather drainage ditch to the rear of the property was still present and exposed, impeding
the flow of stormwater.
b. the hillside at the rear of the property leading to the drainage ditch had not been graded to a maximum three (3)
horizontal feet to one (1) vertical foot, as required by state regulations.
CONCLUSIONS OF LAW
Based upon the foregoing, Paul W. Brookshire has violated the following:
A. S.C. CODE ANN. § 44-96-290(A) and § 44-96-440(A), (B), & (C) (Supp. 1998):
§ 44-96-290(A), in that he operated a solid waste management facility without a permit from the Department;
and,
§ 44-96-440(B), in that he managed solid wastes in this State without complying with the standards and procedures set forth
under applicable regulations;
B. Construction, Demolition and Land-Clearing Debris Landfills, 25A S.C. CODE REG. 61-107.11 (Supp. 1998),
effective April 24, 1998, promulgated pursuant to § 44-96-290 (D) (Supp. 1998):
25A S.C. CODE REG. 61-107.11, Part IV, (A)(8), in that he committed the act of open dumping of construction, demolition,
and land-clearing debris; and,
25A S.C. CODE REG. 61-107.11, Part IV, (B)(1), in that he constructed and operated a landfill, without first obtaining a
permit from the Department.
C. S.C. CODE ANN. § 48-1-90(a) (Supp. 1998): in that he unlawfully discharged into the environment of the State organic or
inorganic matter, including construction, demolition (C&D), and land-clearing debris (LCD), and other wastes, and did so
not in compliance with a permit issued by the Department.
D. Consent Order 95-43-SW
Item 2. Page 4 - Prior to any future disposal of solid waste in South Carolina, he did not obtain a permit from the
Department to operate a waste disposal facility, or dispose of such waste at an off-site, permitted landfill, designed for such
disposal. Furthermore, he did not ensure that illegal disposal activities would not occur on property under his ownership or
control.
1. Immediately cease all disposal of solid waste at the site.
2. Prior to any future disposal of solid waste in South Carolina, obtain a permit from the Department to operate a waste
disposal facility, or dispose of such solid waste in an off site, permitted landfill, designed for such disposal. Furthermore,
Paul W. Brookshire shall, in the future, ensure that illegal disposal activities do not occur on any property under his
ownership or control.
3. By December 31, 2000, pull all solid waste back from the wet weather drainage ditch on the back side of the site, and
properly dispose of all waste that cannot be covered onsite at an off-site, permitted landfill. Mr. Brookshire shall provide
proof that the waste has been properly disposed of in the form of dump tickets at the Department's request.
- By December 31, 2000, cover any remaining debris with two (2) feet of clean soil, grade the slope leading to the drainage
ditch to a three (3) horizontal feet to one (1) vertical foot side slope, wherever possible. The parties understand that in
some situations this slope will not be achievable, and where necessary, the slope may be graded to conform to the natural
slope as it exists on the other side of the slope. However, the slope must be graded so that no bank exists next to the
ditch; the surface must be graded continuously from the top of the property to the bottom of the ditch. In no case may
the slope angle be greater than 45 degrees.
- By December 31, 2000, vegetate this area, and any other exposed areas of the entire site, with natural cover to prevent
erosion.
6. Within six months of the effective date of this Order, pay to the Department a civil penalty in the amount of nine thousand
dollars ($9,000.00) for the violations cited herein. The penalty will be due in two installments of four thousand five hundred
dollars ($4,500.00); the first installment becoming due and payable within fifteen (15) days of the effective date of this
Consent Order, and the second within six months of the of the effective date of this Consent Order. The check shall be
made payable to SCDHEC and shall be submitted to the Department's Bureau of Land and Waste Management, Attention:
Solid Waste Enforcement Section.
IT IS FURTHER ORDERED that any failure to meet any deadlines established herein or any other violation of the
provisions of this Order shall be deemed a violation of the Solid Waste Policy and Management Act of 1991, as amended,
("the Act"), and therefore shall be deemed unlawful. Upon ascertaining any such violation, the Department may initiate
action to obtain compliance with both this Order and the Act.
_____________________________________
Carolyn C. Matthews
Administrative Law Judge
Columbia, South Carolina
July 24, 2000.
WE CONSENT:
_____________________________________
James W. Tucker, Jr.
McKinney, Givens & Associates, L.L.C.
P.O. Box 11784
Rock Hill, S.C. 29731-1784
Phone: 803-328-1848
Fax : 803- 328-8860
Attorney for Respondent
Paul Brookshire
______________________________________
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 |
