South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
John Davis, d/b/a Davis Dairy vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
John Davis, d/b/a Davis Dairy

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0397-CC

APPEARANCES:
E. Katherine Wells, Esq.
Staff Counsel
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201

Douglas F. Dent, Esq.
9 Tindal Avenue
Greenville, SC 29605
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Administrative Law Judge Division (ALJD) pursuant to Petitioner’s request for a contested case hearing to challenge Administrative Order 02-179-W, which was executed by the South Carolina Department of Health and Environmental Control (DHEC or the Department) on August 20, 2002. The parties wish to bring litigation to a close by entering into the following agreement:

THEREFORE, IT IS ORDERED:

(1)The Petitioner shall, within sixty (60) days of the effective date of this Order, submit to the Department payment of a civil penalty in the amount of three thousand five hundred dollars ($3,500.00).

(2)The Petitioner agrees to comply with all terms, conditions, and requirements of Construction Permit 15,377, issued June 7, 1989, and the Waste Management Plan, dated April 27, 1989, for Davis Dairy, as well as all applicable statutes and regulations.

Accordingly, by and with the consent of the parties, IT IS ORDERED AND AGREED that this contested case be DISMISSED with prejudice.

AND IT IS SO ORDERED.

September 8, 2003______________________________

JOHN D. GEATHERS

Administrative Law Judge


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