ORDERS:
VOLUNTARY ORDER OF DISMISSAL WITHOUT PREJUDICE
This case regarding issuance of a construction permit for a wastewater treatment facility is before me upon
Petitioner's request for a contested case hearing, dated April 4, 1994, transmitted to the Administrative Law Judge Division
by agency transmittal filed June 21, 1994. By Consent Order filed August 23, 1994, the parties agreed upon certain
conditions and parameters to be met during the pendency of this action, including weekly sampling and monitoring of
discharge. Subsequently, Petitioner sought EPA approval of a twelve-month study of copper discharge limits. As of the
date of this Order, the EPA has neither approved nor disapproved the request. Therefore, it appears that there is no
imminent need for a hearing in this matter.
For the foregoing reasons, this matter should be removed from the active docket of the Administrative Law Judge
Division. Upon Motion and consent of the parties and pursuant to ALJD Rule 52 and SCRCP 41(a), this matter is hereby
voluntarily dismissed without prejudice, with leave to reinstate. To reinstate this matter on the Administrative Law Judge
Division's active docket, Petitioner must move to vacate the dismissal and reinstate the case, with notice to the Division
and to all parties. As Petitioner's initial contested case hearing request in this matter was timely filed, if the matter is
subsequently reinstated, Petitioner's rights shall not be prejudiced by this dismissal. See Mende v. Conway Hospital, Inc.,
304 S.C. 313, 404 S.E.2d 33 (1991); Botany Bay Marina, Inc. v. Townsend, 296 S.C. 330, 372 S.E.2d 584, 585-86 (1988); 27
C.J.S. Dismissal and Nonsuit 44.
WE SO MOVE AND CONSENT:
___________________________11/18/96
James W. Potter
NEXSEN PRUET JACOBS 7 POLLARD, LLP
1441 Main Street, Suite 1500
P.O. Drawer 2426
Columbia, South Carolina 29202
(803) 771-8900
Attorney for Petitioner
WE SO MOVE AND CONSENT:
_______________________________11/18/96
Samuel L. Finklea, III
Attorney for Respondent
AND IT IS SO ORDERED.
___________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
Columbia, South Carolina
November 20, 1996 |
