ORDERS:
ORDER STAYING PROCEEDINGS
This matter is before the Administrative Law Judge Division pursuant to a Motion for Stay filed May 26, 2000, by the City
of Anderson and a Motion to Intervene filed June 15, 2000, by the Catawba Riverkeeper. In the interest of promoting
judicial economy, the Petitioner, City of Anderson (Anderson) and the Respondent, South Carolina Department of Health
and Environmental Control (DHEC) have agreed that this matter should be stayed until pending litigation in the Richland
County Court of Common Pleas regarding a challenge to DHEC's 1998 Section 303(d) List involving similar issues--City of
Anderson v. DHEC, Docket No. 00-CP-40-1255 (the "Pending Action")--has been finally resolved. The parties agree that a
final resolution of the Pending Action will resolve most, if not all, of the issues raised by Anderson's Petition for
Administrative Review in this case, which challenges the Section 303(d) List for the year 2000. This Order incorporates the
provisions of a proposed Consent Order submitted by the parties.
THEREFORE, IT IS ORDERED and agreed by the parties that the above-referenced matter shall be stayed until the
Pending Action is finally resolved. Furthermore, the listing of Lake Secession on the Year 2000 Section 303(d) List as
aquatic life use impaired due to phosphorus is stayed until the Pending Action is finally resolved. DHEC may continue to
implement the remainder of the Year 2000 Section 303(d) List until and unless this Court orders otherwise.
IT IS FURTHER ORDERED that this matter shall be stricken from the active docket. After the Pending Action has been
resolved, the parties shall so inform this Court so that a determination of the issues remaining for decision, if any, can be
made. Upon resolution of the Pending Action, this matter may be restored to the active docket upon the motion of the
Petitioner. IT IS FURTHER ORDERED that the Motion to Intervene filed by the Catawba Riverkeeper shall be held in
abeyance until final resolution of the Pending Action and restoration of this matter to the active docket.
AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
July 12, 2000 |
