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:
James E. And Nadara H. Andrews, et al vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
James E. And Nadara H. Andrews and Virginia J. and Sam A. Winget

Respondent:
South Carolina Department of Health and Environmental Control and Zepsa Stairs, Inc.
 
DOCKET NUMBER:
98-ALJ-07-0075-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before me upon Petitioners' Motion to Dismiss For Mootness, filed October 26, 1998. A contested case hearing was conducted in this matter on May 27 and 28, 1998, pursuant to S.C. Code Ann. § 1-23-310 et seq. and 24A S.C. Code Ann. Regs. § 61-72 (Supp. 1997), however, no final order on the merits has been rendered. Petitioners moved for dismissal while the Court was awaiting the submission of proposed permit restrictions by the parties. Neither of the Respondents opposes the Motion.

Petitioners contest the renewal of an air emissions permit for a woodworking facility owned by Respondent Zepsa Stairs at 1131 Green Pond Road, Clover, South Carolina. The Bureau of Air Quality of the South Carolina Department of Health and Environmental Control proposed to renew Operating Permit #2440-0074 for Zepsa's woodworking facility. It now appears that Zepsa has ceased operations at the proposed site and has removed the air quality control equipment from the facility. Accordingly, there is no longer a justiciable case or controversy, and this matter is rendered moot.





IT IS THEREFORE ORDERED that this matter is dismissed without prejudice.

IT IS FURTHER ORDERED that the application for proposed Operating Permit #2440-0074 for operation of a woodworking facility Zepsa Stairs at 1131 Green Pond Road, Clover, South Carolina, is considered abandoned or withdrawn.

AND IT IS SO ORDERED.



_____________________________ STEPHEN P. BATES ADMINISTRATIVE LAW JUDGE



November 18, 1998

Columbia, South Carolina




Brown Bldg.

 

 

 

 

 

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