ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to Petitioner,
MRR Highway 92, LLC’s (“MRR”) Request for a Contested Case Hearing seeking
review of the denial by the South Carolina Department of Health and
Environmental Control (“Department”) of MRR’s permit application for a
construction, demolition, and land-clearing debris landfill (“Proposed
C&D/LCD Landfill”) in Laurens County.
In March 2006, the Department issued a preliminary
determination that the Proposed C&D/LCD Landfill was consistent with the
1997 Laurens County Solid Waste Management Plan (“1997 County Plan”). On or
about July 17, 2006, the Laurens County Council (“County Council”) passed
Ordinance No. 622, which reduced the number of allowable privately owned
long-term construction, demolition, and land-clearing debris landfills from
three to one. By memorandum dated July 18, 2006, Scott Holland of the Laurens
County Department of Public Works advised the Department that Ordinance No. 622
had passed and requested that the Department amend the 1997 County Plan to
include this ordinance. This purported amendment to the 1997 County Plan
(“2006 Amendment”) would have prevented permitting of the Proposed C&D/LCD
Landfill in Laurens County.
By letter dated July 26, 2006, the Department notified MRR
of its final consistency determination and denied the permit for the Proposed
C&D/LCD Landfill. In denying MRR’s permit application, the Department
specifically cited to the 2006 Amendment to the 1997 County Plan, stating that
“[b]ecause Laurens County currently hosts one privately owned and operated
long-term C&D landfill, the Department has determined that the proposed Hwy
92 landfill is not consistent with the 1997 Laurens County Solid Waste
Management Plan revised July 17, 2006.”
On February 13, 2007, the County Council enacted Ordinance
No. 635 which repealed Ordinance No. 622. By letter dated February 20, 2007, Scott
Holland of the Laurens County Department of Public Works advised the Department
of the passage of Ordinance No. 635. Accordingly, on April 4, 2007, the
Department issued a preliminary consistency determination for the Proposed
C&D/LCD Landfill, advising MRR that it would be moving forward with review
of the permit application. MRR’s petition for review of the Department’s
denial of MRR’s permit application is thus rendered moot.
I find that for
good cause shown, and with the consent of the parties, this matter should be
and hereby is dismissed.
AND IT IS SO ORDERED.
______________________________
The
Honorable Marvin F. Kittrell
Administrative
Law Judge
May 3, 2007
Columbia, South Carolina
WE CONSENT:
__________________________________________
W. Thomas Lavender, Jr.
Leon C. Harmon
Joan W. Hartley
NEXSEN PRUET ADAMS KLEEMEIER, LLC
Post Office Drawer 2426
Columbia, South Carolina 29202-2426
(803) 771-8900
Attorneys for Petitioner MRR Highway 92, LLC
___________________________________________
Etta R.
Williams
Sara P.
Bazemore
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Attorneys for Respondent South Carolina Department of
Health
and Environmental Control
|
