ORDERS:
ORDER FOR CONSOLIDATION AND ORDER FOR STAY
This matter is currently pending before the South Carolina Administrative Law Court, along with cases 06-ALJ-07-00023-CC, Town of Sullivan’s Island v. South Carolina Department of Health and Environmental Control and 06-ALJ-07-00024-CC, Isle of Palms Water and Sewer Commission v. South Carolina Department of Health and Environmental Control, In Re: NPDES Permit: SC0043583. On April 18, 2006, the Petitioners in all cases filed a Motion to Consolidate the three cases. The Petitioners alleged in their motion that the Respondent South Carolina Department of Health and Environmental Control consented to the Motion. The Respondent did not file a reply to the motion. It appears that the facts, circumstances, and issues are common to the cases, that all cases involve the same questions of law and facts, and that the same or substantially similar evidence will be relevant. Therefore, in the interest of judicial economy and with the consent of the Parties, it is hereby ORDERED that these matters are consolidated into one contested case as provided in SC ALC Rule 19 (D).
IN ADDITION, the Petitioners filed separate motions on April 18, 2006 requesting that each of the permits at issue in these matters be stayed pending the outcome of these matters. Again, the Petitioners alleged that the Respondent would consent to a stay of the cases and the Respondent did not file a reply to the Motion.
IT IS FURTHER ORDERED that the caption in this matter will read “Town of Sullivan’s Island and Isle of Palms Water and Sewer Commission, Petitioners v. South Carolina Department of Health and Environmental Control, Respondents, In Re: NPDES Permit SC0043583 and NPDES Permit: SC0025283” and shall bear Docket No. 06-ALJ-07-0023-CC. The files for 06-ALJ-07-00024-CC, Isle of Palms Water and Sewer Commission v. South Carolina Department of Health and Environmental Control, In Re: NPDES Permit: SC0043583 and 06-ALJ-07-00025-CC, Isle of Palms Water and Sewer Commission v. South Carolina Department of Health and Environmental Control, In Re: NPDES Permit: SC0025283 shall be closed and merged into case 06-ALJ-07-0023-CC.
In addition, each permit at issue in this matter shall be stayed pending a final outcome on the merits and the Petitioners’ discharge shall be covered under the previous permit until an order is issued in this matter.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
January 22, 2007
Columbia, South Carolina |
