South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Albemarle Corporation vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Albemarle Corporation

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0557-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Albemarle Corporation's Petition for Contested Case Hearing to challenge a number of permit conditions imposed by Air Construction Permit No. 1860-0004-DC for the hydrogen cyanide manufacturing process, issued by the Department of Health and Environmental Control on October 7, 1999. The parties have resolved all issues except the applicability of 40 C.F.R. 63 Subpart GGG but have agreed to resolve the Subpart GGG issue with regard to hydrogen cyanide as well as to other Albemarle processes by Albemarle's initiation of a request for declaratory ruling pursuant to S.C. Code Ann. §1-23-150.

THEREFORE IT IS ORDERED:

(1) That this appeal be dismissed without prejudice;







(2) The Department shall issue the construction permit for the hydrogen cyanide generation process for Albemarle as revised to reflect the agreement of the parties on all appealed matters except as to the applicability of 40 C.F.R. 63 Subpart GGG;



(3) That notwithstanding the dismissal of this appeal, the final ruling in the request for declaratory ruling shall also determine Subpart GGG's applicability to the hydrogen cyanide manufacturing process. The parties

acknowledge and agree that the request for declaratory ruling may include applicability of GGG to other Albemarle processes as well as to hydrogen cyanide manufacturing. Should it be found that Subpart GGG is inapplicable to the manufacturing of hydrogen cyanide, Albemarle shall submit information sufficient to obtain a revised permit to cover this process;



(4) That in any request by Albemarle for declaratory ruling on the applicability of Subpart GGG pursuant to S.C. Code Ann. §1-23-150, DHEC shall not interpose as a defense that Subpart GGG is not a "regulation of the Department" or that Albemarle's voluntary dismissal of this appeal constitutes a failure to exhaust administrative remedies; and



(5) That should DHEC fail or refuse to issue the declaratory ruling, Albemarle may request that the Division reinstate this contested case.

AND IT IS SO ORDERED.







________________________________

C. Dukes Scott

Administrative Law Judge



Columbia, South Carolina

December 2, 1999.



WE CONSENT:





__________________________________

Elizabeth B. Partlow



Ogletree, Deakins, Nash

Smoak & Stewart, P.C.

1501 Main Street, Suite 600

Post Office Box 11206

Columbia, South Carolina 29211

Phone (803) 252-1300

Fax (803) 254-6517

Attorneys for Petitioner







____________________________________

Alexander G. Shissias



Office of General Counsel

South Carolina Department of Health

and Environmental Control

2600 Bull Street

Columbia, South Carolina 29201

Phone (803) 898-3349

Fax (803) 898-3367

Attorneys for Respondent


Brown Bldg.

 

 

 

 

 

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