ORDERS:
ORDER FOR CONSOLIDATION AND ORDER FOR STAY>
This matter is
currently pending before the South Carolina Administrative Law Court, along
with cases 06-ALJ-07-00023-CC, Town of Sullivan’s Island v. South Carolina
Department of Health and Environmental Control and 06-ALJ-07-00024-CC, Isle of
Palms Water and Sewer Commission v. South Carolina Department of Health and
Environmental Control, In Re: NPDES Permit: SC0043583. On April 18, 2006, the
Petitioners in all cases filed a Motion to Consolidate the three cases. The
Petitioners alleged in their motion that the Respondent South Carolina
Department of Health and Environmental Control consented to the Motion. The
Respondent did not file a reply to the motion. It appears that the facts,
circumstances, and issues are common to the cases, that all cases involve the
same questions of law and facts, and that the same or substantially similar
evidence will be relevant. Therefore, in the interest of judicial economy and
with the consent of the Parties, it is hereby ORDERED that these matters
are consolidated into one contested case as provided in SC ALC Rule 19 (D).
IN ADDITION, the
Petitioners filed separate motions on April 18, 2006 requesting that each of
the permits at issue in these matters be stayed pending the outcome of these
matters. Again, the Petitioners alleged that the Respondent would consent to a
stay of the cases and the Respondent did not file a reply to the Motion.
IT IS FURTHER
ORDERED that the caption in this matter will read “Town of Sullivan’s
Island and Isle of Palms Water and Sewer Commission, Petitioners v. South
Carolina Department of Health and Environmental Control, Respondents, In Re: NPDES
Permit SC0043583 and NPDES Permit: SC0025283” and shall bear Docket No.
06-ALJ-07-0023-CC. The files for 06-ALJ-07-00024-CC, Isle of Palms Water and
Sewer Commission v. South Carolina Department of Health and Environmental
Control, In Re: NPDES Permit: SC0043583 and 06-ALJ-07-00025-CC, Isle of Palms
Water and Sewer Commission v. South Carolina Department of Health and
Environmental Control, In Re: NPDES Permit: SC0025283 shall be closed and
merged into case 06-ALJ-07-0023-CC.
In addition, each
permit at issue in this matter shall be stayed pending a final outcome on the
merits and the Petitioners’ discharge shall be covered under the previous
permit until an order is issued in this matter.
AND
IT IS SO ORDERED.
______________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
July 13, 2006
Columbia, South Carolina |