ORDERS:
CONSENT ORDER (Settlement)
The above-entitled case is pending before the Administrative Law Judge Division. It appears to
the satisfaction of the Division that this case has been fully and finally settled by agreement
between the parties on the following terms:
1. Respondent agrees to amend and reissue Construction Permit No. 1560-0101-CD (the
"Permit") within sixty (60) days of the effective date of this Order.
2. The reissued Permit shall contain the following amendments:
a) The last two paragraphs in Part II.C. (page 3 of 4) of the reissued Permit will be stricken
in their entirety.
b) A new paragraph will be added to Part II.C. of the reissued Permit. The
new paragraph is attached to this Order as Appendix A.
3. Petitioner agrees not to challenge the Permit so long as it is reissued pursuant to
paragraph 2 above. Petitioner may continue to construct the source as provided in the
Order on Motion to Lift Automatic Stay on Construction Permit No. 1560-0101-CD
("Order Lifting Stay"). This Order Lifting Stay shall remain in effect until such time as the
amended Permit is issued.
4. Respondent agrees that Petitioner may reinstate the above-captioned action to the
Docket if the Department does not reissue the Permit within sixty (60) days of the date of
this Order.
Wherefore, the parties have settled this matter on these terms, IT IS ORDERED that the
above-captioned case be and hereby is settled and dismissed.
___________________________________
RAY N. STEVENS
Administrative Law Judge
This 15th day of August, 1996
Columbia, South Carolina.
We agree and consent to the above:
| McNAIR LAW FIRM, P.A. |
|
|
|
| By: ________________________________ |
|
| James W. Potter
Daniel J. Brown
Attorneys for Petitioner |
|
| SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL
CONTROL |
|
| By: ________________________________ |
| Thomas G. Eppink
Attorney for Respondent |
|
