ORDERS:
CONSENT ORDER TO STAY PROCEEDINGS
On June 19, 2002, Carolina Water Service, Inc. ("Petitioner") filed a Petition for Administrative Review of the Denial of its Request for a Major
Modification of NPDES Permit #SC0027162 for the Watergate Wastewater Treatment Facility. DHEC transmitted the case to the Administrative
Law Judge Division on June 25, 2002. The case originally was assigned to the Honorable Marvin F. Kittrell but was reassigned to the undersigned
Judge on August 1, 2002. After the parties filed pleadings, the case was scheduled for a hearing on the merits to be held on Thursday, October 3,
2002. During a conference call between the undersigned Judge and counsel for the parties on October 1, 2002, the parties requested a stay of the
hearing pending a final decision in a collateral matter before the Public Service Commission.
This case has a complex history. Pursuant to the 208 Water Quality Management Plan ("208 Plan") prepared by Central Midlands Council of
Governments ("COG") for the Central Midlands Region, the Watergate WWTF was designated to be eliminated through interconnection with the
Town of Lexington's 12- and 14-Mile Creek regional sewer system. In June 2000, the COG requested that the Town of Lexington offer a proposed
connection agreement to Petitioner and that Petitioner submit the proposed agreement to the Public Service Commission ("Commission") for its
review and approval. Pursuant to the COG's request, Petitioner in fact submitted a proposed connection agreement to the Commission on August
16, 2000.
Petitioner and the Town of Lexington thereafter negotiated a compromise agreement, which provided in pertinent part for the sale of the Watergate
system to the Town of Lexington upon approval of a 208 Plan Amendment by the COG and upon the Commission's approval of the sale. Upon
reaching the compromise agreement, Petitioner withdrew its application for approval of the proposed connection agreement from the Commission.
The Town of Lexington thereafter filed a request with the COG to amend the 208 Plan in accordance with the compromise agreement. The COG
approved the requested 208 Plan Amendment on March 22, 2001, and forwarded it to DHEC on March 26, 2001. By letter dated July 30, 2001,
Alton Boozer, Chief of the Bureau of Water for DHEC, advised the COG that it did not concur in the 208 Plan Amendment. The COG, the Town of
Lexington, and Petitioner timely appealed DHEC's decision to the Administrative Law Judge Division and currently await a final decision from the
Honorable John D. Geathers.
In the meantime, pursuant to the Amended Final Order and Decision issued by the Honorable Ralph K. Anderson, III on February 25, 2002,
Petitioner resubmitted the proposed connection agreement to the Commission. The case was docketed 2002-147-S. The Commission held a hearing
on the proposed agreement on September 19, 2002, but has not issued its decision.
The central issue in the case before the undersigned Judge is DHEC's denial of Petitioner's request for a modification of the Schedule of
Compliance in the NPDES Permit for the Watergate WWTF. The Schedule of Compliance, however, may be affected by the outcome of the
decision of the Commission in 2002-147-S so as to render the issues and arguments of this case moot. The hearing of this case, therefore, should be
stayed pending the Commission's decision.
IT IS HEREBY ORDERED that this case is stayed pending the final outcome of the decision issued by the Public Service Commission in Docket
No. 2002-147-S. In the event the Commission's decision is appealed, the parties and the undersigned Judge will revisit this case to determine how
to proceed.
IT IS FURTHER ORDERED that the parties have a continuing obligation to report the status of the case to the undersigned Judge every thirty
days beginning November 1, 2002.
AND IT IS SO ORDERED.
___________________________________
RAY N. STEVENS
October 3, 2002
Columbia, South Carolina
WE CONSENT:
__________________________________ __________________________________
E. Crosby Lewis Mason A. Summers
Kelly H. Rainsford South Carolina Department of Health and
Austin, Lewis & Rogers, P.A. Environmental Control
508 Hampton Street 2600 Bull Street
Post Office Box 11716 Columbia, South Carolina 29201
Columbia, South Carolina 29211 Phone: (803) 898-3350
Phone: (803) 256-4000 Fax: (803) 898-3367
Fax: (803) 252-3679
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