ORDERS:
ORDER STRIKING CASE FROM ACTIVE DOCKET
On October 27, 2003, the parties to the above-captioned matter filed with this tribunal a joint
motion to strike this case from the active docket of the Administrative Law Judge Division (ALJD
or Division). While Respondent South Carolina Department of Health and Environmental Control
(DHEC or Department) originally denied the septic tank permit requested by Petitioner, following
a visit to Petitioner’s property on October 23, 2003, and subsequent negotiations, Petitioner and the
Department have agreed to monitor the water table at the property through the “wet season” between
November 2003 and April 2004 and to re-evaluate the permit request based upon that monitoring.
Accordingly, the parties request that this case be stricken from the active docket of the Division
pending the outcome of the monitoring of the site and the re-evaluation of the permit.
The precise terms of the parties’ agreement are as follows:
This matter will be stricken from the active docket of the ALJD. Petitioner will be responsible
for making any changes to his property necessary to artificially lower the water table. The
Department agrees to make staff available for comment on any proposed changes to the property.
Petitioner will be responsible for installing a monitoring system and for monitoring the water table
from early November 2003 to April 30, 2004. Petitioner will present a report to the Department
concerning the monitoring of the water table by May 15, 2004, and the Department agrees to present
Petitioner with a final decision on the suitability of the property by May 31, 2004. If the Department
decides that the property is suitable for an individual sewage treatment system, the Department will
issue a permit and no further action will be necessary concerning this contested case. If the
Department decides that Petitioner’s property is not suitable for an individual sewage treatment
system, the Department will notify Petitioner of the decision in writing. Petitioner will then have
fifteen (15) days after receipt of the Department’s written notice of denial to file a motion to restore
the above-captioned case to the active docket of the Division.
Therefore, under the guidance of the provisions of Rule 40(j), SCRCP, which may be applied,
as practicable, to this matter pursuant to ALJD Rule 68, and under the terms of the parties’
agreement as set forth above,
IT IS HEREBY ORDERED that this matter is STRICKEN from the active docket of the
Administrative Law Judge Division and the hearing of this matter scheduled for Tuesday, October
28, 2003, is CANCELED.
IT IS FURTHER ORDERED that this case shall be restored to the active docket of the
Division upon motion of Petitioner if such motion is made within fifteen (15) days of his receipt of
the Department’s written decision denying his request for a septic tank permit for the property in
question after the completion of the monitoring program.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
October 27, 2003
Columbia, South Carolina |
