South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Democratic Reform at Big Creek, et al vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

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.
 
DOCKET NUMBER:
98-ALJ-07-0556-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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