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:
City of Hardeeville vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
City of Hardeeville

Respondent:
South Carolina Department of Health and Environmental Control and Beaufort-Jasper Water & Sewer Authority
 
DOCKET NUMBER:
01-ALJ-07-0089-CC

APPEARANCES:
Trefor Thomas
Parker Poe Adams & Bernstein, LLP
1401 Main Street, Suite 600
Post Office Box 1509
Columbia, SC 29202
Attorneys for City of Hardeeville

Mary D. Shahid, Chief Counsel
South Caroline Department of Health &
Environmental Control - Office of
Ocean and Coastal Resource Management
1362 McMillan Avenue, Suite 400
Charleston, SC 29405

Steve A. Matthews
Haynsworth Sinkler Boyd, PA
1426 Main Street
Post Office Box 11889
Columbia, SC 29211-1889
Attorneys for Beaufort-Jasper Water & Sewer Authority
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter arose on the Petitioner City of Hardeeville's (City) appeal of a decision by the Respondent Department of Health and Environmental Control (DHEC) to issue a permit to the Respondent Beaufort-Jasper Water & Sewer Authority (the Authority) allowing the Authority to construct and install 25,000 linear feet 24" water line and necessary appurtenances thereto adjacent to the boundaries of the City. The City contended that the Authority's proposed project would interfere with future development plans the City had for its own water system.

It now appears that the City and the Authority have entered into an agreement, subject to approval of the voters by referendum, providing for the sale of the City's entire water system to the Authority. Because this agreement resolves the dispute between the City and the Authority, the parties now seek this Consent Order of Dismissal.

IT IS THEREFORE ORDERED that this matter be and hereby is dismissed with prejudice.





___________________________

Ralph King Anderson, III

Administrative Law Judge



September 19, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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