Opinion
24-ALJ-07-0034-IJ
03-21-2024
South Carolina Department of Health and Environmental Control, Petitioner, v. Nancy Meadows and Steven Ratcliff, Respondent, In Re: Administrative Order # 23-88-OSWW.
ORDER GRANTING VOLUNTARY DISMISSAL
Crystal M. Rookard South Carolina Administrative Law Judge
This matter is before the South Carolina Administrative Law Court (ALC) pursuant to a Petition for Enforcement and Injunctive Relief filed by the South Carolina Department of Health and Environmental Control (Petitioner or Department) seeking to enforce the terms and requirements of Administrative Order # 23-088-OSWW against Nancy Meadows and Steven Ratcliff (collectively Respondents). Specifically, Petitioner requests that, consistent with sections 61-56 and 61.56.1 of the South Carolina Code of Regulations (Supp. 2023), the ALC order Respondents to eliminate all prohibited discharges by repairing the on-site wastewater system at the site to effectively stop the discharge of septic tank effluent, domestic wastewater, or sewage to the ground and pay a civil penalty of $5,000. On February 26,2024, the Court issued a Notice of Hearing on the matter to take place on April 18, 2024. Thereafter, on March 15, 2024, Petitioner filed a Notice of Voluntary Dismissal with the Court, explaining that subsequent to the filing of the notice of petition, the Department inspected the site and determined that Respondents had achieved compliance with the Administrative Order by properly repairing the on-site wastewater system. With the allegations having been fully resolved, Petitioner indicates that it no longer seeks enforcement action against Respondents and voluntarily dismisses the case pursuant to Rule 41(a)(1) of the South Carolina Rules of Civil Procedure by way of Rule 68 of the South Carolina Administrative Law Court.
IT IS THEREFORE ORDERED that this case shall be, and hereby is, DISMISSED.
AND IT IS SO ORDERED.