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:
Milliken & Company, Pendleton Plant vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Milliken & Company, Pendleton Plant

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0341-CC

APPEARANCES:
James W. Potter, Esquire
Nexsen, Pruet, Jacobs & Pollard, LLC
1441 Main Street, Suite 1500
P.O. Drawer 2426
Columbia, SC 29201
Attorney for Petitioner Milliken & Company

Mason Summers, Esquire
South Carolina Department of Health and Environmental Control
Office of General Counsel
2600 Bull Street
Columbia, SC 29201
Attorney for Respondent SC DHEC
 

ORDERS:

CONSENT ORDER OF DISMISSAL WITHOUT PREJUDICE

WHEREAS the parties are continuing negotiations on the imposition of toxicity limitations and the parties have reached an interim agreement on permit limitations (see attached letter of Marion F. Sadler to Dr. Jeffrey Silliman dated August 2, 2001 and hereby incorporated by reference) while negotiations continue;

WHEREAS it would promote judicial economy to dismiss this action without prejudice while the parties continue their negotiations;

NOW, therefore, it is adjudged, ordered and decreed that:

1. This action is dismissed without prejudice.

2. The action may be reinstated by either party on thirty days written notice to the Court and to the other party. All claims and defenses raised by either party are hereby preserved if the case is reinstated to the docket.

AND IT IS SO ORDERED.

____________________________________

Ralph K. Anderson, III

Administrative Law Judge

August 13, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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