ORDERS:
ORDER OF REMAND
This matter comes before me pursuant to the Girl Scouts, Central Savannah River Council’s, Lake Trenton Property Owners Association, and Courtney Road Residents’ Association (“Petitioners”) request for a contested case hearing before the Administrative Law Court (“Court”) challenging Respondent Department of Health and Environmental Control’s (“DHEC”) decision to issue a permit to construct four new poultry broiler houses at the Rodney Cato Broiler Farm in Edgefield County, SC. DHEC filed a Motion for Remand on September 30, 2005 based on a review of the file in preparation for trial. DHEC determined that the application of Mr. Cato was not complete at the time the decision was made, and that the permit #18,931-AG should be withdrawn. Specifically, DHEC could not confirm that all property owners within 1320 feet of the proposed location had been notified as required by SC Code Ann Reg. 61-43(200.60).
The Petitioners filed a return to the Motion for Remand on October 11, 2005 and concurred in the request for a remand, but asked that the ALC retain jurisdiction in order to help the Petitioners’ conserve resources.
Given the variables that could result from the notification of the nearby property owners, and the time frames involved in such a process, it is not in the interest of judicial economy for this court to retain jurisdiction of this matter. I can certainly appreciate the Petitioners’ wish to conserve their resources; it is, however, premature to assume that the case will be appealed to the ALC again.
IT IS THEREFORE ORDERED that this case is REMANDED to DHEC to void the permit #18,931-AG. In addition, all nearby property owners as identified in SC Code Ann Reg. 61-43 shall be notified after the date of this order and all public notice requirements shall be met following the date of this order.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
November 3, 2005 Administrative Law Judge
Columbia, South Carolina |