ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter is before me upon motion and consent of the parties to dismiss this case without prejudice with
leave to reinstate, presented on the record at a status conference held on
November 4, 1996. Pursuant to Consent Orders filed March 23, 1995 and November 19, 1996, the parties have agreed
to certain terms and conditions for the start-up and testing of a waste oil recycling unit in Charleston County during
the pendency of this matter involving the issuance or denial of air construction and operating permits for the facility.
The results of the tests will determine whether the permits will be issued. Until DHEC makes that determination and
unless Petitioner opposes that proposed decision, a contested case hearing before the Administrative Law Judge
Division is unnecessary. In the meantime, the terms and conditions collectively set forth in the two Consent Orders
shall bind the parties. For the foregoing reasons, this action should be removed from the active docket of the
Administrative Law Judge Division.
IT IS THEREFORE ORDERED that upon Motion and consent of the parties and pursuant to ALJD Rule 52 and
SCRCP 41(a) this matter is hereby dismissed without prejudice, subject to the terms and conditions of the Consent
Orders filed March 23, 1995 and
November 19, 1996, which are incorporated herein by reference, with leave to reinstate this case within one year of
the date of this Order.
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. Since Petitioner's initial
contested case hearing request in this matter was timely filed and 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.
AND IT IS SO ORDERED.
___________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
Columbia, South Carolina
November 19, 1996 |
