ORDERS:
CONSENT ORDER OF SETTLEMENT
This matter is before the Court on Petitioner ARC
Technology, LLC’s (“ARC” or “Petitioner”) request for a contested case hearing
on October 19, 2005. Petitioner seeks review of a decision of the South
Carolina Department of Health and Environmental Control (the “Department”),
denying its application for a solid waste
research, development, and demonstration permit (“Permit Application”) for a
proposed facility to be located in the City of Kingstree in Williamsburg County
(“Proposed Kingstree Facility”).
On January 24, 2006, Petitioner filed a Motion for Summary
Judgment and a Memorandum of Law in Support, accompanied by an affidavit and
five volumes of exhibits. The Court heard arguments of counsel on this matter
on February 8, 2006. On February 10, 2006, the parties were notified of the
Court’s decision to grant summary judgment in favor of petitioner. The Court requested
that Petitioner submit a proposed order within thirty (30) days with comments
from the Department due ten (10) days thereafter. Accordingly, on March 13,
2006, Petitioner submitted a Proposed Order Granting Petitioner’s Motion for
Summary Judgment, and on March 23, 2006, the Department timely submitted its
comments on the Proposed Order to the Court. Prior to the Court’s issuance of
a final order granting summary judgment in favor of Petitioner, the parties
reached a tentative agreement resolving this matter. That agreement is
incorporated into this Order. The terms and conditions of the agreement
between the parties are as follows:
1. The Department will publish notice and opportunity for public comment
relating to the draft solid waste research, development, and demonstration
permit (“Permit”) attached hereto as Exhibit A.
2. Public notice of the Permit will be accomplished by publication in The
News in Kingstree, South Carolina within ten (10) days of the filing of
this Order. The Department will accept comments on the Permit for thirty (30)
days following the day on which the notice appears in The News (“Comment
Period”). No other public notice will be required prior to the issuance of the
Permit by the Department.
3. At the conclusion of the Comment Period, the Department will either issue
a Permit or deny the Permit within ten (10) days following the close of the
Comment Period. Unless the Permit is issued in substantially the same form as
contained in the draft permit attached hereto as Exhibit A, the Court will
issue an Order granting summary judgment in favor of Petitioner and thereafter the
parties may file such pleadings or motions as are appropriate, including, but
not limited to a petition for attorneys’ fees.
4. Following receipt of a Permit with substantially the same terms and
conditions as contained in the draft permit attached as Exhibit A and after the
time for filing appeals has run, Petitioner will withdraw its appeal in this
case.
I find this agreement to be fair and equitable, approve
such settlement, and hereby ORDER its adoption. This Court retains continuing
jurisdiction to enforce this Order and to issue a final order granting summary
judgment in favor of Petitioner upon the parties’ failure to perform according
to the terms of this settlement as incorporated into this Order.
AND IT IS SO
ORDERED.
______________________________
The
Honorable John D. McLeod
Administrative
Law Judge
April 10, 2006
Columbia, South Carolina
WE CONSENT:
__________________________________________
W. Thomas Lavender, Jr.
Leon C. Harmon
NEXSEN PRUET, LLC
Post Office Drawer 2426
Columbia, South Carolina 29202-2426
(803) 771-8900
Attorneys for Petitioner ARC Technology, LLC
___________________________________________
Etta R. Williams
Office of General Counsel
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Attorney for Respondent South Carolina Department of Health
and Environmental Control |