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:
Myrtle Beach Pelicans vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Myrtle Beach Pelicans

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0207-CC

APPEARANCES:
CRISTIN A. BURKE
ATTORNEY FOR THE PETITIONER

M. SHAWN HARMON
ATTORNEY FOR THE RESPONDENT
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This contested case comes before the undersigned by way of agency transmittal from the South Carolina Department of Health and Environmental Control (Department) directing the conduct of a hearing due to the appeal by Petitioner Myrtle Beach Pelicans of the Department's determination that a hot tub operated at Petitioner's facility is required to be permitted and regulated under S.C. Code Ann. Regs. 61-51 (Supp. 1999). Prior to a hearing being held the parties have reached an agreement which will resolve this matter without the need for a hearing. Specifically, the parties agree that Petitioner will either remove the hot tub currently located at its baseball facility or bring the hot tub, or any other hot tub moved to its baseball facility, into compliance with S.C. Code Ann. 44-55-2310 (Supp. 1999) and S.C. Code Ann. § 61-51 (Supp. 1999), including the application fro and subsequent Department approval of any associated public swimming pool permits, prior to the operation of the hot tub.

Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested case be dismissed.

IT IS SO ORDERED.



____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge





October 5, 2000

Columbia, South Carolina


 

 

 

 

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