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:
City of Goose Creek vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
City of Goose Creek


Respondent:
South Carolina Department of Health and Environmental Control and Bruce Marshall
 
DOCKET NUMBER:
96-ALJ-07-0443-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This is a matter before the Court pursuant to a Petition for Appeal from a decision of Respondent SCDHEC issuing a permit to Respondent to construct a Small Water System (hereinafter "the well"), permit number TD2085.

It appears to the satisfaction of the Court that the parties have agreed to resolve the issues before them pursuant to terms to be contained in this Consent Order.

THEREFORE IT IS ORDERED that the above captioned appeal is dismissed with prejudice, subject to the following conditions, agreed to by the parties:

1. Petitioner, the City of Goose Creek, agrees to the dismissal of the above captioned appeal with prejudice and agrees that it shall not appeal the issuance of a permit to Respondent Marshall to operate the well, should SCDHEC decide, after compliance with applicable regulations, to issue such a permit;

2. Respondent Marshall agrees that upon the construction of the 12 inch line along Westview Boulevard currently a part of the Master Plan of the City of Goose Creek for expansion of its water system, he will tie onto said line under the same terms and conditions as are required of similarly situated property owners by the City of Goose Creek pertaining at the time such line is completed, and upon such tie in, he will cease using the subject well for potable purposes;

3. Respondent Marshall agrees that until the above described 12 inch line along Westview Boulevard is constructed, he shall not install on his property a public drinking fountain which makes use of water from the well which has been authorized by the subject permit, but will maintain a public drinking water dispenser on the premises of his property supplied with bottled water;

4. Respondent Marshall may use the water from the well for any and all purposes other than as specified in paragraph three above, at such time as SCDHEC issues a permit to operate, pursuant to the applicable State and Federal regulations governing potable water systems; and

5. Respondent Marshall agrees to execute a release, relieving the City of Goose Creek and its officers, agents and employees from any and all liability for damages which he or affiliated corporations have sustained as the result of the above captioned appeal.

THEREFORE, upon the motion and with the consent of all parties, this appeal is dismissed with prejudice.

AND IT IS SO ORDERED.__________________________________

RAY N. STEVENS

Administrative Law Judge



This 27th day of November, 1996

Columbia, South Carolina

WE SO MOVE AND CONSENT:



________________________________

Stan Barnett

SMITH, BUNDY, BYBEE & BARNETT, P.C.

49 Broad Street

Charleston, SC 29401

(803) 577-6302

Counsel for Respondent, Bruce Marshall

November 18, 1996



________________________________

Timothy A. Domin

CLAWSON & STAUBES

304 Meeting Street

Charleston, SC 29401

(803) 577-2026

Counsel for Petitioner, City of Goose Creek

November 19, 1996



_________________________________

Samuel L. Finklea, III

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201-1708

(803) 734-4910

Counsel for Respondent, S.C. Dept. of Health and Environmental Control

November 23, 1996


Brown Bldg.

 

 

 

 

 

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