ORDERS:
CONSENT ORDER
This matter comes before the undersigned by way of an Agency Transmittal from the Department
of Health and Environmental Control ("the Department") directing the conduct of a hearing form
which findings of fact and conclusions of law were to be made. Prior to the submission of the
parties' Prehearing Statements in this matter, the parties have reached an agreement which will
effectively conclude this matter without any findings of fact or adjudication of the issues. This
Order will dismiss the matter without prejudice.
This proceeding involves an appeal by the petitioner Shop-N-Fill #50 which is owned by Jackson
Petroleum Co., Inc., (the "petitioner") of a determination made by the Department denying the
petitioner access to the SUPERB program in regards to an alleged release from the site.
Accordingly, by and with the consent of all parties, it is ordered and agreed as follows:
1. The Department shall rescind without prejudice its determination denying the petitioner access
to the SUPERB program pending further site assessment.
2. The petitioner's Petitioner shall be dismissed without prejudice, and the petitioner shall be
allowed to appeal any subsequent determination which may be made by the Department in this
matter.
AND IT IS SO ORDERED.
______________________________
ALISON RENEE LEE
Administrative Law Judge
January ____, 1996
Columbia, South Carolina.
WE SO MOVE:
PETITIONER:
By: _______________________________
W. Thomas Lavender, Jr., Esquire
Date: _______________________________
SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL
By: _______________________________
William S. Coleman, Jr., Esquire
Date: ________________________________ |
