ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me upon Motion by Respondents and with Petitioner’s consent for entry of a Consent Order of Dismissal. This is a contested case wherein Respondents challenge an Administrative Enforcement Order issued by Petitioner on August 27, 2007. Petitioner sought removal of flooring for a “second story” on the permitted fixed pierhead, removal of an access ladder, the payment of a civil penalty of $500.00 to OCRM.
The Respondents requested a contested case hearing before this Court. The parties have resolved their dispute and have agreed to the following as resolution of this contested case and in consideration for dismissal of this matter:
1. Petitioner SCDHEC acknowledges that the Respondents did not construct the dock or any of the alleged unauthorized structures;
2. Without conceding a violation, Respondents agree to remove the existing permanent ladder from the dock within 30 days of the date of this Order;
3. Petitioner SCDHEC agrees to dismiss this enforcement action.
Therefore, upon motion by Respondents and with Petitioner’s consent, as is evidenced by their signatures below, and based on the terms of the settlement as set forth above, this contested case is, hereby, DISMISSED with prejudice.
AND IT IS SO ORDERED.
____________________________________
PAIGE J. GOSSETT
Administrative Law Judge
Columbia, South Carolina
January 28, 2008
I SO MOVE:
McNair Law Firm, P.A.
By:______________________
Leslie S. Riley
Attorney for the Respondents
Ned and Jocelyn Ginsburg
I CONSENT:
South Carolina Department of Health & Environmental Control
By:______________________
Elizabeth A. Dieck
Attorney for Petitioner
South Carolina Department of Health
& Environmental Control
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