ORDERS:
ORDER FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Petitioner, Macalloy Corporation, hereby moves with the consent of the Respondent, South
Carolina Department of Health and Environmental Control, to voluntarily dismiss without
prejudice, the above-captioned action. The parties have agreed to resolve this matter in
accordance with the letter of Jacquelyn S. Dickman to James W. Potter, dated February 8, 1996,
and the letter of James W. Potter to Jacquelyn S. Dickman, dated February 14, 1996, which are
attached and incorporated by reference. It is intended that a detailed Consent Order will be
entered into between the Parties. It is understood that the Parties will implement the items in the
above-referenced letters in an expeditious manner. It is further understood that, effective
immediately, Macalloy is prohibited from placing in the surface impoundment, any treated
electrostatic precipitator ("ESP") dust that fails TCLP. Respondent agrees that Petitioner may
reinstate the above-captioned action to the Docket within 180 days of the entry of this Order.
IT IS SO ORDERED.
s/John D. Geathers
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
February 16, 1996
Columbia, South Carolina
WE CONSENT:
McNair Law Firm, P.A.
s/James W. Potter
Daniel J. Brown
ATTORNEYS FOR PETITIONER
MACALLOY CORPORATION
s/Jacquelyn S. Dickman, Esquire
ATTORNEY FOR RESPONDENT
SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL |
