South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Democratic Reform at Big Creek, et al vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Democratic Reform at Big Creek, Judy and Larry Jordan, Jerry Page, Lloyd Crowe, Vernon Callaham, Catherine Ware, Dewey Ford, Andy Callaham and Leon Pack

Respondent:
South Carolina Department of Health and Environmental Control and Anderson Count

Intervenor:
Anderson Regional Landfill, L.L.C.
 
DOCKET NUMBER:
98-ALJ-07-0347-CC

APPEARANCES:
Robert Guild, Esquire, James S. Chandler, Jr., Esquire, and Gary W. Poliakoff, Esquire, for Petitioners

Alexander G. Shissias, Esquire for Respondent South Carolina Department of Health and Environmental Control

Jack F. McIntosh, Esquire, for Respondent Anderson County

Karen Aldridge Crawford, Esquire and Bernard F. Hawkins, Jr., Esquire for Intervenor
 

ORDERS:

ORDER OF DISMISSAL

Petitioners sought administrative review of a decision by the Respondent South Carolina Department of Health and Environmental Control (DHEC) to amend Consent Order 94-24-SW thereby allowing Big Creek Landfill to continue to operate beyond the time limit established by the "Consent Order". DHEC filed a motion to dismiss, which was heard on August 31, 1998. During the hearing, DHEC indicated that it issued a permit for the construction of a Subtitle D facility to Anderson Regional Landfill. Petitioners intend to appeal that permit. In addition, other representations were made by DHEC relating to the operation of the current facility. As a result of those representations, the Petitioners filed a motion to dismiss their petition on September 10, 1998.

The Petitioners' Motion to Dismiss is GRANTED. AND IT IS SO ORDERED.

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ALISON RENEE LEE

Administrative Law Judge

September 15, 1998

Columbia, South Carolina


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