ORDERS:
ORDER OF DISMISSAL
Counsel for the Respondent South Carolina Department of Health and Environmental
Control filed a Motion to Dismiss on January 30, 2004, based on DHEC’s rescission of the permit
previously issued to James Golden Poultry Farms. During discovery, the Petitioners had a survey
done which showed that the applicant would not meet the setback requirements of Regulation 61-43. Had the Department been aware of this situation prior to the issuance of the permit, the
permit would not have been granted. Because there is now no permit in issue, the Division does
not have jurisdiction to hear this matter.
THEREFORE, IT IS HEREBY ORDERED that this case is DISMISSED. The
Notice and Order for Continuance and Hearing is rescinded.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge
February 2, 2004
Columbia, South Carolina. |