ORDERS:
ORDER DENYING MOTION
This matter is before me pursuant to Macalloy Corporation's Motion for Rule to Show Cause filed on February 5, 2001,
alleging that Respondent has issued a Consumption Advisory in violation of this tribunal's Order of May 19, 2000.
However, that Order specifically addressed the Emergency Order issued by the Department, which banned all harvesting or
collecting of shrimp and crab from the mouth of Shipyard Creek to its headwaters; that Order did not expressly or
implicitly preclude the Department from issuing a Consumption Advisory if deemed appropriate. The Department
rescinded the Emergency Order on May 9, 2000. The corollary issue of whether a Consumption Advisory would be
appropriate was not before this tribunal and was not addressed in the Order of May 19, 2000. The Consumption Advisory
regarding the maximum amount of shellfish that should be consumed by humans each year is a separate and distinct matter
from the Emergency Order completely banning all harvesting or collecting, which this tribunal addressed. Therefore, the
Department is not in violation of this tribunal's Order, and no Rule to Show Cause shall issue. IT IS HEREBY
ORDERED that Macalloy Corporation's Motion is DENIED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
March 24, 2001
Columbia, South Carolina |
