South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Claude and Wilhelmenia Johnson, d/b/a Johnson Sanitation Company vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Claude and Wilhelmenia Johnson, d/b/a Johnson Sanitation Company

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0654-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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