ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is
before the Court pursuant to Petitioner Western Carolina Regional Sewer
Authority’s (“Petitioner”) Request for a Contested Case Hearing to challenge a
Notice of Proposed Decision (“NOPD”) issued by the Bureau of Water, South
Carolina Department of Health and Environmental Control (“Department”), regarding
the Petitioner’s 401 water quality certification (“401 Certification”) for National
Pollutant Discharge Elimination System (“NPDES”) Permit SC0024317, which is proposed
to be issued by the U.S. Environmental Protection Agency (“EPA”). Specifically,
Petitioner appealed the NOPD, seeking the Court’s review of a flow limit
imposed by the 401 Certification. The parties have resolved the issues in
connection with this matter.
THEREFORE IT IS ORDERED:
(1) Upon the entry of a final decision with no
further right to appeal in the case of Commissioner of Public Works, City of
Charleston, et al. v. South Carolina Department of Health and Environmental
Control, Civil Action No. 2005-CP-08-205, currently pending in the South
Carolina Court of Appeals (“Commissioner of Public Works Case”), the Department
will modify the flow limit provision of the 401 Certification if needed to be
consistent with the final decision. The Department acknowledges that such
modification may include removal of the flow limit. If modification of the
flow limit of 401 Certification is necessary to be in compliance with the final
judicial decision as set forth herein, the Department shall make such
modification and submit the modification to EPA within thirty days of the final
decision.
(2) That this appeal be dismissed without
prejudice.
AND IT IS SO ORDERED.
_________________________________
The Honorable
Carolyn C. Matthews
Administrative Law Judge
July 24, 2006
Columbia, South Carolina
WE
CONSENT:
________________________________
W. Thomas Lavender, Jr., Esquire
Joan W. Hartley, Esquire
NEXSEN PRUET ADAMS KLEEMEIER, LLC
1441 Main Street, Suite 1500 (29201)
Post Office Drawer 2426
Columbia, SC 29202
Attorneys for Petitioner
Western Carolina Regional Sewer Authority
_______________________________
Jacquelyn S. Dickman, Esquire
Office of General Counsel
South Carolina Department of
Health
and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
Attorney for Respondent
South Carolina Department of
Health
and Environmental Control |
