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:
Mitchell S. Scott et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Mitchell S. Scott and Belinda C. Scott a/k/a Collum's Limited Partnership

Respondent:
South Carolina Department of Health and Environmental Control, and Johnnie H. Burkett, Jr.
 
DOCKET NUMBER:
00-ALJ-07-0320-CC

APPEARANCES:
MITCHELL S. SCOTT
BELINDA C. SCOTT
JOHNNIE H. BURKETT, JR.
ROBERT G. McCULLOCH
 

ORDERS:

CONSENT ORDER
P>The parties to this action have agreed to issuance of a consent order to dismiss the action and further agree that:

1. Permit to operate 18,568-AG, issued June 1, 2000 constitutes only a permit from the Respondent Department for Respondent to operate the four broiler houses already existing on the site location.

2. Petitioners agree to have their appeal dismissed with prejudice , subject to the terms of this Order.

3. Construction of additional broiler houses at the site will require issuance of new permits in accordance with the procedures of 24A S.C. Code Ann. Regs. 61-43.200.60 and 61-43.200.70 (Supp. 1999).

4. Signatures on this Consent Order by Petitioners consitutes consent by Petitioners to a variance in Permit to Operate 18,568-AG of the 200 foot distance requirement under 24A S.C. Code Ann. Regs. 61-43.200.80.9 (Supp. 1999).

THEREFORE, subject to the terms of this Order and with the agreement and consent of the parties as evidenced by their signatures below, the above captioned action is dismissed with prejudice.

AND IT IS SO ORDERED.





____________________________________

CAROLYN C. MATTHEWS

ADMINISTRATIVE LAW JUDGE





November 13, 2000

COLUMBIA, SOUTH CAROLINA


Brown Bldg.

 

 

 

 

 

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