PARTIES:
Petitioner:
Democratic Reform at Big Creek, Judy and Larry Jordan, Jerry Page, Lloyd Crowe, Vernon Callaham, Catherine Ware, Dewey Ford, Andy Callaham, and Leon Pack
Respondent:
South Carolina Department of Health and Environmental Control and Anderson Regional Landfill, L.L.C. |
ORDERS:
ORDER
This matter was originally before me pursuant to a decision of the South Carolina Department
of Health and Environmental Control (Department or DHEC) to grant Municipal Solid Waste Permit
#042651-1101 to Anderson Regional Landfill, L.L.C. (ARL) for a Subtitle D compliant vertical
expansion of an existing Municipal Solid Waste Landfill (MSWLF). After a contested case hearing
on January 20, 21 and 22, 1999, I granted the MSWLF Permit with conditions on March 8, 1999.
The Petitioner thereafter filed a "Motion for Reconsideration" with this Division on March
18, 1999. Administrative Law Judge Division Rule 29 (C)(1) sets forth that "[a]ny party may move
for reconsideration of a final decision of an administrative law judge in a contested case, subject to
the grounds for relief set forth in Rule 60(B)(1 through 5), SCRCP . . . ." The Final Decision issued
by this Court in the above matter was supported by the preponderance of the credible evidence and
by the statutory and case law of South Carolina. In that regard, I adopt the reasoning of the
Respondents set forth in their Memorandum in Opposition to Petitioners' Motion for
Reconsideration. Furthermore, the Petitioners have not established any ground pursuant to SCRCP
60(B) to warrant reconsideration of this case.
IT IS THEREFORE ORDERED that Petitioners' Motion for Reconsideration is denied.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
April 6, 1999
Columbia, South Carolina |