ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me upon a Motion by the Petitioner, Western Carolina Regional Sewer
Authority ("WCRSA") seeking voluntary dismissal of its Petition upon the grounds that the Respondent,
the South Carolina Department of Health and Environmental Control ("the Department") has not yet filed
responsive pleadings and has consented to the dismissal; that since the Department has now established a
procedure for issuance of permits that WCRSA can await the Department's forthcoming final action and
thereafter protect WCRSA's interests if necessary; and that the Department has stated there has not yet been
any final determination, thus making WCRSA's Petition premature.
There is also pending before me a Motion To Dismiss and a Petition to Intervene filed by Suitt
Construction Company and T. H. Suitt (collectively referred to as "Suitt"). WCRSA argues that the
granting of WCRSA's Motion for Voluntary Dismissal of Petition will make Suitt's Motion and Petition
moot. The Department has stated that since it has not made a final determination, this Court lacks subject
matter jurisdiction over this action.
After a review of the pleadings, motions, and petitions before me, together with the exhibits, I
make the following findings of fact:
1. That the Department has not yet filed responsive pleadings and consents to dismissal of
this action.
2. That the Department has established a procedure to issue permits and provides for a
public hearing, and that in that procedure both parties and Suitt have available to them due process
procedures to protect their rights and interests.
3. All interested parties will have the right to appeal once the Department makes a final
determination to issue permits.
I make the following conclusions of law:
1. That this action should be dismissed;
2. That all parties, including Suitt will have the opportunity to protect all their rights and
interests by appeal after a final determination is made by the Department.
NOW, THEREFORE, IT IS ORDERED that WCRSA's Petition and Request From Full
Contested Case Hearing and Appeal from Final Determination is dismissed without prejudice.
IT IS SO ORDERED.
___________________________
HON. STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
Date: 4/10/97
WE CONSENT:
WESTERN CAROLINA REGIONAL SEWER AUTHORITY
BY:______________________________________________
Leo H. Hill, Attorney
THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL
BY:______________________________________________
Elizabeth F. Potter, Staff Counsel |
