ORDERS:
ORDER
This matter is before me upon the request of Petitioner Carolina Water Service, Inc., Lexington County, (Carolina Water)
for Administrative Review of Respondent South Carolina Department of Health and Environmental Control's (DHEC or
Department) denial of Petitioner's Application for Reissuance of National Pollutant Discharge Elimination System (NPDES)
Permit #SC0035564 and upon Petitioner's Motion to Vacate Public Notice No. 99-111-R, both of which were filed with the
Administrative Law Judge Division (ALJD or Division) on August 4, 1999. This matter was also consolidated with Docket
Number 99-ALJ-07-0450-CC (Petition For Administrative Review Of The Denial Of The Request For A Major Modification
Of NPDES Permit #SC0035564), and Docket Number 99-ALJ-07-0653-CC (Petition For Administrative Review Of The
Denial Of The Request For A Major Modification Of NPDES Permit #SC0035564 (Amended)).
A hearing was held on February 29, 2000, at which a resident of the area served by the I-20 wastewater treatment facility
testified that she and her neighbors had previously expressed concern about high water and sewer rates, and that if she had
known she could request a public hearing on the reissuance of the NPDES Permit which could affect her sewer rates, she
would have requested a public hearing. Carolina Water introduced evidence of several Public Notices issued by DHEC
which were used in other instances and which included specific language informing the public that it could request a public
hearing. However in this case, the public notice language was conspicuously absent.
24 S.C. Code Ann. Regs. 61-9.124.10(d)(1)(v) (Supp. 1999) requires all notices regarding NPDES permits to contain "[a]
brief description of the comment procedures required by section 124.11 and section 124.12 and the time and place of any
hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been
scheduled) and other procedures by which the public may participate in the final permit decision." Parties with an interest in
certification are entitled to notice, an opportunity to be heard, and judicial review. League of Women Voters of Georgetown
County v. Litchfield-by-the-Sea, 409 S.E.2d 378, 305 S.C. 424 (1991). I find that DHEC failed to provide sufficient public
notice as required by 24 S.C. Code Ann. Regs. 61-9.124 (Supp. 1999).
IT IS THEREFORE ORDERED that Petitioner's Motion to Vacate Public Notice No. 99-111-R is granted, Docket No.
99-ALJ-07-0390-CC is dismissed without prejudice, and this matter is remanded for reissuance of a public notice.
IT IS FURTHER ORDERED, that this Court shall retain jurisdiction of Docket Numbers 99-ALJ-07-0450-CC and 99-ALJ-07-0653-CC, and will allow the consolidation of a future Petition for Administrative Review of the Denial of the
Reissuance of Permit #SC0035564, if, after reissuance of said public notice, Petitioner files such Petition.
AND IT IS SO ORDERED.
Ralph King Anderson, III
Administrative Law Judge
May 30, 2000
Columbia, South Carolina |
