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 |