ORDERS:
ORDER OF DISMISSAL
On August 1, 2000, the Petitioner filed a Petition for Administrative Review with the Clerk of the Board of the South
Carolina Department of Health and Environmental Control. The Agency Transmittal of the Department was filed with this
Division on August 3, 2000. The Petitioner sought review alleging the Department constructively denied its request to
pump and haul domestic wastewater off-site for treatment because it returned the request as incomplete.
It now appears that the facility (Petitioner) is no longer in operation and is under the day-to-day control of the United States
Environmental Protection Agency. Attempts have been made to locate counsel for Tin Products, Charles Sanford, but he
has not responded to certified letters sent to a Columbia address and a Vero Beach, Florida address.
"A case becomes moot when judgment, if rendered, will have no practical effect upon [the] existing controversy." Mathis
v. South Carolina State Highway Dep't., 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). The significance of a case being
moot is that generally, a court will not pass on moot and academic questions or make an adjudication where there remains
no actual controversy. Byrd v. Irmo High School, 321 S.C. 426, 431, 468 S.E.2d 861, 864 (1996). Even if the request was
granted to the Petitioner, it would have no longer have any effect. The issue presented in this matter is now moot.
THEREFORE, having found the issue in this matter is moot, it is hereby DISMISSED.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
September 11, 2002
Columbia, South Carolina |
