ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Claude and Wilhelmenia
Johnson's Petition for a Contested Case Hearing to challenge the issuance of Administrative Order 99-17-SW. The parties have
resolved all outstanding issues and have agreed to settle this matter. In the interest of resolving this matter without delay and the
expense of litigation, the parties have agreed to the entrance of this Order.
FINDINGS OF FACT
1. On October 29, 1993, responding to a complaint regarding illegal disposal, the Department inspected property occupied by Johnson
Sanitation Company and Respondents, Claude & Wilhelmenia Johnson (collectively, "JSC"), at the end of Railroad Street (the "RS
Site") in Roebuck, South Carolina. Department staff discovered that construction and demolition (C&D) and lawn maintenance
debris was disposed of thereon. JSC is owned and operated by Claude and Wilhelmenia Johnson. The tax map identification number
for the Site is 6 33-00 05.01. The property described by the tax map is owned by the Johnson family.
2. On June 27, 1995, responding to a complaint of leachate discharges and odor at 101 Miles Drive (the "MD Site") in Spartanburg,
South Carolina, a Department inspection revealed a leachate discharge stain on the road. Further discussion with the complainant
revealed that a JSC collection vehicle was observed to be responsible for the leachate discharges.
3. On August 22, 1995, responding to a complaint of leachate discharges, odor, and an excessive fly problem at the MD Site, a
Department inspection revealed a leachate discharge stain on the site.
4. On September 12, 1995, responding to a complaint of leachate discharge and foul odor regarding JSC at the MD Site, a Department
inspection revealed a liquid discharge on the pavement that had a putrescible waste odor.
5. On September 19, 1995, responding to a complaint of a leachate discharge regarding JSC at the MD Site, a Department inspection
revealed additional leachate discharge stains on the pavement and small pieces of solid waste in the adjacent grass.
6. On November 21, 1995, responding to a complaint of leachate discharges by JSC at the MD Site, a Department inspection revealed
the presence of leachate discharge stains on the pavement.
7. On March 7, 1997, responding to a complaint of illegal disposal of C&D and other debris at the RS Site, a Department inspection
confirmed the complaint.
8. On July 30, 1997, Department staff observed illegal disposal of C&D debris, 25-50 waste tires, and municipal solid waste (MSW)
at the RS Site.
9. On several occasions, the Department sent correspondence to JSC that notified the firm of violations at three (3) sites in
Spartanburg County, South Carolina. These notifications were made for violations regarding illegal open dumping of C&D debris,
LCD and yard trash for mulching, waste tires and MSW, the unpermitted transfer of MSW, and leachate spillage from JSC collection
vehicles.
10. On November 7, 1997, a Department inspection revealed the continued presence of asphalt, tires, concrete, MSW on the ground,
and a green dumpster full of MSW on the RS Site. On November 10, 1997, Department staff confirmed that MSW was stored at the
Site for more than twenty-four (24) hours, the maximum time allowed by regulation.
11. On April 25, 1998, a Department inspection revealed that additional illegal disposal of MSW and commercial debris had occurred
on the RS Site.
12. On May 8, 1998, a Department inspection revealed additional MSW on the RS Site. Department staff had observed a loaded JSC
collection vehicle going into the site and then come out empty within fifteen (15) minutes later.
13. On September 2, 1998, responding to complaints of illegal disposal and leachate discharges near the Johnson residence at 132
Clarence Circle (the "CC Site") in Moore, South Carolina, a Department inspection confirmed the complaint. Leachate spillage,
MSW, yard waste, and 20-25 waste tires were observed in a parking area across the street from the Johnson home. The tax map
identification number for the site is 6 28-00 115.00. The property described by this tax map is owned by Claude and Wilhelmenia
Johnson.
14. On February 16, 1999, responding to a complaint for illegal disposal of solid waste at the RS Site, a Department inspection
revealed that MSW, land-clearing debris (LCD), and bagged leaves were disposed of thereon. The complainant had observed a JSC
collection vehicle going into the site carrying MSW and come out ten (10) minutes later empty.
CONCLUSIONS OF LAW
Based on the facts presented above, Claude & Wilhelmenia Johnson, d/b/a Johnson Sanitation Company have violated the following:
A. S.C. CODE ANN. §§ 44-96-170(G)(2), 44-96-290(A), and 44-96-440(A), (B), & (C) (Supp. 1998):
§ 44-96-170(G)(2), in that JSC disposed of waste tires in this State at an unpermitted site, facility, or collection center; and,
§§ 44-96-290(A), 44-96-440(A), 44-96-440(B), 44-96-440(C), in that JSC violated the Solid Waste Policy and Management Act of
1991 and its regulations; and,
B. Construction, Demolition and Land-Clearing Debris Landfills, 25A S.C. CODE REG. 61-107.11, effective July 28, 1995, AS
AMENDED April 24, 1998, promulgated pursuant to § 44-96-290 (D) (Supp. 1998)(statute enacted May 27, 1991):
25A S.C. CODE REG. 61-107.11, Part IV, (A)(8), in that JSC 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 JSC constructed and operated a landfill, without first obtaining a permit from
the Department.
C. Municipal Solid Waste Landfills, 25A s.c. CODE REG. 61-107.258, promulgated pursuant to S.C. CODE ANN. § 44-96-290(D)
(Supp. 1998):
25A s.c. CODE REG. 61-107.258, Subpart A, 258.1.g., in that JSC operated a facility for the disposal of municipal solid waste in the
State of South Carolina without first obtaining a written permit from the South Carolina Department of Health and Environmental
Control.
D. Waste Tires Regulation, 25A S.C. CODE REG. 61-107.3, promulgated pursuant to S.C. CODE ANN. § 44-96-170(H) (Supp. 1998):
25A S.C. CODE REG. 61-107.3, Section E.1., in that, after the effective date of this regulation, JSC operated an unpermitted waste tire
disposal site; and,
25A S.C. CODE REG. 61-107.3, Section E.3., in that, after the effective date of this regulation, JSC disposed of waste tires or processed
tires at an unpermitted solid waste management facility.
E. Transfer of Solid Waste, 25A S.C. CODE REG. 61-107.7, promulgated pursuant to S.C. CODE ANN. § 44-96-290(D) (Supp. 1998):
25A S.C. CODE REG. 61-107.7, Section C.1., in that JSC operated a solid waste transfer station whose site, design, construction, and
operation did not conform to the standards as set forth in this regulation; and,
25A S.C. CODE REG. 61-107.7, Section C.2., in that JSC allowed spillage or leakage of solid waste at a transfer station to not be
contained on the storage site and allowed unpermitted discharges to the environment; and,
25A S.C. CODE REG. 61-107.7, Section C.5., in that, within six (6) months of the effective date of this regulation, JSC did not submit to
the Department as-built plans and specifications of the existing transfer station in accordance with Section D below; and,
25A S.C. CODE REG. 61-107.7, Section C.6., in that, within twelve (12) months of the effective date of this regulation, JSC did not
provide that his existing facility which transfers solid waste shall conform to the standards as set forth in this regulation unless
otherwise approved by the Department; and,
25A S.C. CODE REG. 61-107.7, Section D.1., in that, prior to the construction, operation, expansion or modification of a solid waste
transfer station, JSC did not obtain a permit from the Department.
25A S.C. CODE REG. 61-107.7, Section F.7., in that, JSC did not remove all putrescible wastes for proper disposal within twenty-four
(24) hours, as required.
F. Collection, Temporary Storage and Transportation of Municipal Solid Waste, 25A S.C. CODE REG. 61-107.5, promulgated
pursuant to S.C. CODE ANN. § 44-96-370 (Supp. 1998):
25A S.C. CODE REG. 61-107.5, Section D.3., in that JSC did not ultimately dispose of solid waste at facilities and/or sites permitted or
registered by the Department for processing or disposal of that waste stream; and,
25A S.C. CODE REG. 61-107.5, Section F.2., in that JSC did not take precautions to prevent spillage or leakage during transport from all
vehicles used to collect and/or transport municipal solid wastes that produce leachate; and,
S.C. CODE ANN. § 44-96-100(A)(Supp. 1998) provides that a person in violation of a regulation promulgated pursuant to Section 44-96-170(H) may be ordered by the Department to comply with the regulation and to pay a civil penalty not to exceed ten thousand
dollars, for each day of violation.
S.C. CODE ANN. § 44-96-100(C)(Supp. 1998) provides that each day of noncompliance with a regulation or requirement established
under Section 44-96-170 constitutes a separate offense.
S.C. CODE ANN. § 44-96-450(A)(Supp. 1998) provides that a person in violation of a permit, regulation, standard, or requirement
under this article may be ordered by the Department to comply with the permit, regulation, standard, or requirement and to pay a civil
penalty not to exceed ten thousand dollars, for each day of violation.
S.C. CODE ANN. § 44-96-450(C)(Supp. 1998) provides that each day of noncompliance with an order issued pursuant to this section or
noncompliance with a permit, regulation, standard, or requirement established under this article constitutes a separate offense.
NOW, THEREFORE IT IS ORDERED, pursuant to the South Carolina Solid Waste Policy and Management Act of
1991(Supp.1998), S.C. CODE ANN. §§ 44-96-100(A) & (C), 44-96-170(G),(G)(2)&(H), 44-96-190(A)(1)&(2), 44-96-260(2), 44-96-290(A)&(D), 44-96-370, 44-96-440(A), (B), & (C), and 44-96-450(A) & (C), 25A S.C. CODE REGS. 61-107.11 (Supp.1998), Part
IV, (A)(8) & (B)(1), 25A S.C. CODE REG. 61-107.258(Supp.1998), 1.g., 25A S.C. CODE REG. 61-107.7(Supp. 1998), C.1., C.2.,
C.5., C.6., D.1., & F.7., 25A S.C. CODE REG. 61-107.5 (Supp.1998), D.3. & F.2., and 61-107.3(Supp.1998), (E)(1) & (E)(3), that
Claude & Wilhelmenia Johnson, d/b/a Johnson Sanitation Company shall comply with the following:
1. Immediately cease all open dumping of solid waste at the Railroad Avenue, Miles Drive, and Clarence Circle sites.
2. Ensure that future leachate discharges do not occur from Johnson Sanitation Company collection vehicles.
3. 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, Claude &
Wilhelmenia Johnson, d/b/a Johnson Sanitation Company shall, in the future, ensure that illegal disposal activities do not occur on
property under their ownership or control.
4. Within thirty (30) days of the effective date of this Order, control access to the Railroad Street site to prevent others from using the
site as an illegal dumping site.
5. Pay to the Department a civil penalty in the amount of twenty-five thousand five hundred forty dollars ($25,540.00) for the
violations cited herein. However, in the interest of settlement, this penalty shall be suspended upon the payment of $16,000 and
compliance with the requirements of this Consent Order of Dismissal. The $16,000 shall be paid over a period of one year, without
interest, in four installments of $4,000.00. The first installment shall be due on January 1, 2001, and the remainder shall be due on a
quarterly basis. All checks 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. Should Respondent fail to comply with the provisions of this Order, or
fail to make any of the installments toward the $16,000, the full penalty in the amount of $25,540.00 shall immediately become due
and payable upon written notification by the Department.
AND IT IS SO ORDERED.
_____________________________________
Carolyn C. Matthews
Administrative Law Judge
Columbia, South Carolina
October 30, 2000
WE CONSENT:
_____________________________________
Claude Johnson, d/b/a Johnson Sanitation Company
September 15, 2000 Petitioner
_____________________________________
Wilhelmenia Johnson, d/b/a Johnson Sanitation
September 15, 2000 Company
Petitioner
______________________________________
Alexander G. Shissias
October 27, 2000
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 Respondent |