ORDERS:
ORDER OF DISMISSAL
THIS MATTER COMES before me by motion of the Respondent South Carolina
Department of Health and Environment Control (“DHEC”) for a dismissal without prejudice of
the above-captioned contested case. DHEC stated in its motion filed March 2, 2005, that there
were two bases for the motion. First, there has not been an approval of a permit for a septic
system on Lot 119A Windwood Subdivision in Berkeley County. Despite a letter from DHEC to
the Petitioner which outlines her right to request review by this Court, DHEC has determined
that a permit for this lot had not been issued. A permit had not been issued, because DHEC had
not received approval from Berkeley County for the subdivision of the larger lot of which Lot
119A is part. This deficit is the second basis for the motion to dismiss. Even if the lot were
approved for an ultra shallow septic system as applied for, Berkeley County has denied the
further subdivision of the larger five acre lot which Respondent McGee has proposed. DHEC
cannot grant the permit until the county has approved the subdivision and set the lot lines. Based
on good cause shown,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that, pursuant to
Rule 41(a)(2) of the South Carolina Rules of Civil Procedure this action is hereby dismissed
without prejudice, with each party to bear its own fees and costs. That previous Order of the
Court filed February 3, 2005, which set a hearing date of March 10, 2005 is vacated.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
South Carolina Administrative Law Judge
April 3, 2005
Columbia, South Carolina |
