ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, this
case is a contested case appeal of the Final Agency Decision of the Respondent
South Carolina Department of Health and Environmental Control (Department) ,
which held that the well that serves the residence of the Petitioners James and
Alice Williams as well as serving the California Grill and Beauty Salon is a
public supply well and would be placed on the State public water system (PWS)
inventory list.
WHEREAS, a
merits hearing was held in this matter on December 11, 2008 in the Office of
the Administrative Law Court in Columbia, South Carolina.
WHEREAS, prior
to the Court’s issuance of a Final Order and Decision in this case and in the
interest of resolving this matter without further delay and expense of
litigation, the parties to this action have reached an agreement as outlined
below that will disposed of this case without any further proceedings.
NOW THEREFORE IT IS
ORDERED AND AGREED, that
1) Petitioners James and Alice Williams shall send written confirmation to
the Court and to Respondent South Carolina Department of Health and
Environmental Control that a licensed plumber has disconnected the structure housing
the California Grill and the Beauty Salon from the Petitioners’ well and
connected said structure and businesses to the City of York public water system
within forty-five (45) days of the filing of this Order. Notification shall be
sent to Respondent Department by certified mail return receipt requested.
2) Upon receipt of Petitioners’ notification, Respondent Department will
verify proper disconnection of the well from said structures and businesses.
Petitioners shall grant Respondent Department access to the referenced site for
verification. Within ten (10) days of its verification of proper
disconnection, Respondent Department shall removed the Petitioners’ well from
the State PWS Inventory and vacate and waive any and all fees or costs
associated with its listing on the State PWS Inventory, and shall send written
notification thereof to the Court and to the Petitioners.
3) The notifications from Petitioners’ and the notification from Respondent
Department shall be attached to and incorporated in to this Order.
4) That upon the Court’s receipt of the notifications from each party that
the case shall be dismissed with prejudice, except that the Court shall retain
jurisdiction to enforce this Order.
AND IT IS SO
ORDERED.
______________________________________
Ralph King Anderson, III
Administrative Law Judge
April 1, 2009
Columbia, South Carolina
WE SO MOVE AND CONSENT:
______________________________ __________________________________
Melvin L. Roberts, Esquire Stephen
P. Hightower, Esquire
Attorney for Petitioners Attorney
for Respondent
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