ORDERS:
DECISION AND ORDER
This matter comes before me at a hearing in Columbia, South Carolina, on September 13, 1994, for review of
a decision by the staff and Commissioner of the Department of Health and Environmental Control (DHEC) to issue an
Administrative Order assessing civil penalties against Still's Enterprise for violations of the Pollution Control Act, S.C.
Code 48-1-10
(Rev. 1987 & Supp. 1993), et seq., and the Solid Waste Management Act, S.C. Code 44-96-10 (Supp. 1993), et seq.
The Administrative Order was issued on February 17, 1994, and served on Danny Still, representing Still's
Enterprise, by certified mail on February 23, 1994. On April 1, 1994, DHEC received a letter from Mr. Still requesting a
hearing on the Order. Notice of a hearing set for August 23, 1994, was served on both parties. On motion by DHEC,
notice of a continuance from August 23, 1994, to September 2, 1994, was served on both parties. Petitioner Still
received the notice as shown by return receipt. On further motion by DHEC, notice of a second continuance from
September 2, 1994, to September 13, 1994, was served by mail on both parties. The letter addressed to Mr. Still was
returned unclaimed; however, no one representing Mr. Still appeared
at the place and time specified in the notice setting the September 2 hearing, or at the place and time specified in
the August 4 notice setting the September 13 hearing.
MOTION TO DISMISS
The hearing was convened at 10:00 a.m., on Tuesday, September 13, 1994, in the offices of the Administrative
Law Judge Division. Witnesses for DHEC were represented by counsel. No one appeared on behalf of Still's Enterprise.
DHEC moved to dismiss Mr. Still's appeal for want of prosecution, and for an order affirming Administrative Order 94-03-SW.
FINDINGS OF FACT
I find as a fact that Still's Enterprise received notice of the hearing.
CONCLUSIONS OF LAW
The appeal of Administrative Order 94-03-SW was timely, thereby conferring jurisdiction to hear the appeal.
The matter was referred to the ALJ Division on May 11, 1994, and the matter was assigned to me by order of the
Honorable Marvin F. Kittrell, Chief Administrative Law Judge, dated May 31, 1994. On August 9, 1994, and pursuant to
S.C. Code Ann. 1-23-600(E), as amended by 1994 Act No. 452, Douglas E. Bryant, Commissioner of DHEC, referred this
case, among others, to the ALJ Division to act as special hearing officers, thereby confirming the prior referral. I
conclude that I have jurisdiction.
Hearing no opposition on behalf of Still's Enterprise, the motion is granted pursuant to Rule 23, Temporary
Operating Procedures, ALJ Division (6/20/94).
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, the appeal of Still's Enterprise is hereby
DISMISSED and Administrative Order 94-03-SW is affirmed in its entirety, including imposition of the civil penalty.
AND IT IS SO ORDERED.
_________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
September 21, 1994
Columbia, South Carolina |