ORDERS:
FINAL ORDER AND DECISION
The three above-captioned matters are before the Court as a result of three Administrative
Orders that were issued against the above-listed Respondents by Petitioner South Carolina
Department of Health and Environmental Control ("DHEC"). By my Order the three cases have
been consolidated. This Order shall dispose of all three cases. RFP, Inc. (Respondent) is located
in Travelers Rest, Greenville County, South Carolina (herein after described as the former
"Kerr-Renfrew" site).
As a threshold matter, as a result of a compromise reached by Petitioner and the Respondents, the
pending actions against Respondents Bobby Hawkins and Bobby Coleman (ALJ Docket Nos.
96-ALJ-07-0284-CC and ALJ-07-0285-CC, respectively, are hereby dismissed without prejudice.
The remainder of this Order shall deal solely with Respondent RFP, Inc. (ALJ Docket No.
96-ALJ-07-0286-CC).
FINDINGS
The Administrative Orders issued by DHEC contain the following Findings of Fact:
1. Respondent RFP, Inc. is located at the Kerr-Renfrew site located in Travelers Rest, Greenville
County, South Carolina.
2. On April 24, 1995, representatives of the Department, while performing a site visit, verbally
informed Mr. Bobby Coleman, as representative of the Respondent, that any closeout of the
lagoons required approval by the Department prior to such action being taken.
3. On the morning of July 17, 1995, the Department received several telephone calls concerning
black "sludge-type" material in the Reedy River and a tributary of the river in the vicinity of
Travelers Rest. The Department investigated and determined the sludge/wastewater mix
originated from the Kerr-Renfrew site. Specifically, the sludge/wastewater was from a sludge
holding lagoon, known as Lagoon B, which had been intentionally breached to allow the release
of the wastewater in the lagoon.
4. On the afternoon of July 17, 1995, representatives of the Department met with Mr. Coleman to
discuss the incident. Mr. Coleman stated: (1) that a track-hoe had rolled into the lagoon on July
15, 1995, while attempting to clear trees off the dike around the lagoon; (2) that an attempt to
pull the track-hoe from the sludge basin was unsuccessful; (3) that a cut was made in the corner
of the sludge basin, allowing the sludge and wastewater to washout the dike and drain into the
Reedy River; and (4) that an additional cut was made to remove the track-hoe.
5. On July 17, 1995, Mr. Archie Rochester, employee of American Fab, Inc. and driver of the
track-hoe, stated that Mr. Bobby Hawkins witnessed the incident in the aforementioned
paragraph. Mr. Hawkins is the President and Registered Agent for RFP, Inc., and Registered
Agent for American Fab, Inc.
6. The Southeast Regional Climate Center reported rainfall on July 17 and 18, 1995, in the
Travelers Rest area causing additional discharges into the environment.
7. During the Department's investigation conducted the afternoon of July 17, 1995, the
Respondent was ordered to repair the basin to prevent any further discharge. On the morning of
July 19, 1995, the Department returned to follow up on its investigation and found the basin had
been repaired.
8. The volume of Lagoon B was approximately 2.965 million gallons at a depth of seven feet. As
a result of the breach, at least six feet of sludge and wastewater, or approximately 2.74 million
gallons, was released from the pond.
9. Mr. Coleman stated that the spill was not reported because he knew Department personnel
were not working on Saturday. An attempt by Mr. Coleman to reach Department personnel was
made the following Monday morning, July 17, 1995. Mr. Coleman stated that he was informed by
the District Environmental Quality Control Office, that the individual he wished to speak with was
not available until later that evening. There was no further attempt to report the incident. A
written report of the incident was never submitted by the Respondent.
10. During this investigation the Department also discovered a broken baffle in aeration basin #2.
The baffle was broken in a manner that would allow it to drain. The basin has an area of 3.6 acres,
a volume of 7.5 million gallons, and a depth of 7.5 feet. A depth of approximately two feet of this
basin had been drained, which resulted in the release of at least 2.0 million gallons of wastewater
to the creek.
11. On October 12, 1995, representatives of the Department met with the Respondent to discuss
the Findings of Facts.
12. A Departmental memorandum dated October 13, 1995 reported that sludge samples taken on
July 19, 1995 from sludge lagoon B did not exhibit characteristics which would have classified the
sludge as hazardous waste, though the Total Chromium levels were elevated. Respondent does
not admit to any of the above Findings of Fact.
CONCLUSIONS OF LAW
1. The Pollution Control Act, S.C. Code Ann. Section 48-1-20 (1987), states that "the
Department has the authority to abate, control and prevent pollution."
2. S.C. Code Section 48-1-50 enumerates the powers of the Department, and specifies the
Department's authority to make, revoke or modify orders and administer penalties for violation of
the Code, and order, permit, regulation or standard.
3. DHEC has alleged that Respondent RFP, Inc. is in violation of S.C. Code Section 48-1 90(a) in
that it has allowed discharges of organic matter into the environment other than in compliance
with a permit issued by the Department.
4. DHEC has alleged that Respondent RFP, Inc. is in violation of S.C. Regulation 61-82, (Proper
Closeout of Wastewater Treatment Facilities, Section II: Proper Closeout of Lagoons) in that it
failed to obtain written permission from the Department prior to draining the lagoons.
5. S.C. Code Section 48-1-330 states "any person violating any of the provisions of this chapter,
or any rule or regulation, permit or permit condition, final determination or order of the
Department, shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000.00) per
day of such violation."
THEREFORE, upon the Motion of Petitioner, South Carolina Department of Health and
Environmental Control, by and with the consent of Respondent RFP, Inc., Respondent RFP, Inc. shall:
1. Report to the Department within 24 hours, and with a written follow-up report within 5 days,
any future discharge associated with the sludge lagoons and storage basins, that is not in
conformance with a permit or authorized by the Department.
2. Within ninety (90) days from the effective date of this Order, in accordance with S.C.
Regulation 61-82, Proper Closeout of Wastewater Treatment Facilities, submit to the Department
a proposed plan with a schedule for complete closeout of the lagoons and basins, to include
testing of sludge contained in sludge lagoon A & B, and copies of letters from the facility
accepting the wastewater and sludge. Upon Department approval, the schedule will become an
enforceable part of this Order as if contained herein.
3. Pay to the Department a civil penalty for the alleged violations addressed within this order in
the amount of twenty thousand dollars ($20,000.00). Payments are to be paid in four installments
in accordance with the following schedule:
| Installment
| Due Date
|
| First Installment
| On or before November first, 1996, pay to the
Department five thousand dollars and 00/100
cents ($5,000.00).
|
| Second Installment
| On or before February first, 1997, pay to the
Department five thousand dollars and 00/100
cents ($5,000.00).
|
| Third Installment
| On or before May first, 1997, pay to the
Department five thousand dollars and 00/100
cents ($5,000.00).
|
| Fourth Installment
| On or before August first, 1997, pay to the
Department five thousand dollars and 00/100
cents ($5,000.00).
|
DHEC and RFP, Inc. have agreed to the entrance of this Consent Order in the interest of
resolving this matter without delay and the expense of litigation. RFP, Inc. has agreed to the
entrance of
this Consent Order but does not agree with the Department's Findings of Fact or its conclusions
of law regarding any alleged violations of the Pollution Control Act.; and therefore, agrees that
this Consent Order shall be deemed an admission of fact and law only as necessary for the
enforcement of this Consent Order by DHEC.
IT IS SO ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
August _____, 1996
Columbia, South Carolina.
I SO MOVE:
________________________________
Thomas G. Eppink
Staff Counsel
South Carolina Department of
Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
WE CONSENT:
___________________
RFP, Inc.,
___________________
Bobby Hawkins
____________________
Bobby Coleman
Post Office Box 1087
Travelers Rest, South Carolina 29690 |
