ORDERS:
ORDER OF DISMISSAL
This matter came before the Administrative Law Judge Division for administrative review of the denial by the
South Carolina Department of Health and Environmental Control ("DHEC") of a requested modification of existing Domestic
Waste Permit No. DWP-092 by Waste Management of South Carolina ("Waste Management"). Petitioner owns and operates
the Palmetto Landfill and Recycling Center in Spartanburg, South Carolina. Petitioner requested a permit modification
to increase the limit of 574,112 tons per year for the Palmetto Facility to 821, 112 tons per year to accommodate
additional volumes of waste. This additional capacity is needed primarily to honor commitments to accommodate
additional commercial and municipal solid waste from nearby communities and generators in the State of North Carolina.
While this matter was pending, the parties were also involved in an appeal of a new permit to be issued to Waste
Management. That permit issued July 27, 1993 was appealed by Waste Management, several residents, environmental
groups and Spartanburg County. At the same time, Waste Management also requested a modification of the tonnage limit
for the proposed permit which was denied by DHEC. An appeal followed which was consolidated with the appeal by others
on the proposed permit. These appeals were referred to Brian S. Wade as hearing officer.
Both DHEC and Waste Management requested the Administrative Law Judge Division to refer this matter to the
same hearing officer in the interest of judicial economy. A consent order was executed referring this matter to Brian S.
Wade on June 22, 1994. The issues were briefed and as a result of all of the matters pending before Mr. Wade, a report
and recommendation was made regarding the appeals on the proposed permit. The DHEC Board issued its Order dated
January 10, 1995 issuing the permit and modifying the tonnage limit. The action by the DHEC Board renders the appeal
to the Administrative Law Judge for modifying the tonnage limit on the existing permit moot.
By Stipulation of Dismissal entered into on April 3, 1995, the parties (DHEC and Waste Management) agreed to
dismissal of this matter based upon entry of the DHEC Board Order issued January 10, 1995. A copy of that Order is made
a part of the record in this action.
For the reason stated, this action is DISMISSED.
AND IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge
April ____, 1995
Columbia, South Carolina. |
