This matter is before the South Carolina Administrative Law Court (“ALC”) pursuant to
the Petitioner’s Request for a Contested Case Hearing to challenge certain requirements
contained in NPDES General Permit for Storm Water Discharges Associated with Industrial
Activity (except construction activity) No. SCR000000 (“Permit”). The parties have resolved all
issues in connection with this matter.
THEREFORE IT IS ORDERED:
(1)That the Department shall amend Permit with the agreed upon revisions reflected on the
attached version depicting additions and deletions from the Permit as contested. Taking
into consideration that the Permit has previously been the subject of considerable public
participation and the Petitioner was the only party seeking review of the Permit and no
other parties sought to intervene into these proceedings, it is hereby concluded that no
further public notice or public participation is warranted. Therefore, the Department
shall issue the amended Permit on or about March 15, 2005, to be effective on April 1,
2005, and which shall be considered final and unappealable.
(2)That this appeal be dismissed without prejudice;
AND IT IS SO ORDERED.
_____________________________________
Ralph K. Anderson, III
Administrative Law Judge
Columbia, South Carolina
May 19, 2005.
