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CITY OF ROCK HILL v. S.C. DHEC

23249

302 S.C. 161 (1990)

394 S.E.2d 327

CITY OF ROCK HILL, Appellant v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and South Carolina Wildlife and Marine Resources Department, Respondents.

Supreme Court of South Carolina.

Decided July 23, 1990.

Attorney(s) appearing for the Case

William H. Davidson, II of Nauful & Ellis, P.A., Columbia and Emil W. Wald of Spencer and Spencer, P.A., Rock Hill, for appellant.

General Counsel Walton J. McLeod, III, Staff Counsel William A. Ready, both of South Carolina Dept. of Health and Environmental Control, and Buford S. Mabry, Jr., and James A. Quinn, Columbia, for respondents.

Heard June 6, 1990.

Decided July 23, 1990.

HARWELL, Justice:

This case has been certified by the Court of Appeals to the Supreme Court pursuant to S.C. Code Ann. § 14-8-210(C) (Supp. 1989). The issue before us is whether respondent South Carolina Department of Health and Environmental Control (DHEC) has statutory authority to determine and assess damages against a violator of the Pollution Control Act and jurisdiction to assess, decree, and collect...

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