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Case TitleCongaree Riverkeeper Inc v. Carolina Water Service Inc
DistrictDistrict of South Carolina
CityColumbia
Case Number3:2015cv00194
Date Filed2015-01-14
Date Closed2017-03-30
JudgeHonorable Margaret B Seymour
PlaintiffCongaree Riverkeeper Inc
Case DescriptionCongaree Riverkeeper filed suit against the Carolina Water Service under the citizen-suit provision of the Federal Water Pollution Control Act. This is not a FOIA action.
Complaint issues: FOIA not mentioned

DefendantCarolina Water Service Inc
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [21]
Opinion/Order [74]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-141COMPLAINT against Carolina Water Service Inc ( Filing fee $ 400 receipt number 0420-5735557.), filed by Congaree Riverkeeper Inc. Service due by 5/18/2015 (Attachments: # 1 Exhibit 1 - 60 Day Notice, # 2 Exhibit 2 - New DMRs, # 3 Exhibit 3 - Summary of Effluent Violations, # 4 Exhibit 4 - Summary of Notices of Violations)(mdea ) (Entered: 01/15/2015)
2015-01-143Local Rule 26.01 Answers to Interrogatories by Congaree Riverkeeper Inc.(mdea ) (Entered: 01/15/2015)
2015-01-144Summons Issued as to Carolina Water Service Inc. (mdea ) (Entered: 01/15/2015)
2015-01-155WAIVER OF SERVICE by Congaree Riverkeeper Inc. Carolina Water Service Inc waiver executed on 1/15/2015, answer due 3/16/2015. (Holman, J) (Additional attachment(s) added on 1/16/2015: # 1 Request for Waiver of Service of Summons) (mdea, ). (Entered: 01/15/2015)
2015-03-167First MOTION to Dismiss for Lack of Jurisdiction , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 4/2/2015.) by Carolina Water Service Inc. (Attachments: # 2 Memo in Support, # 3 Mem. in Supp. Table of Exhibits, # 4 Exhibit Exhibit A, NPDES Permit, # 5 Exhibit Exhibit B, 1996 PSC Order, # 6 Exhibit Exhibit C, 208 Plan, # 7 Exhibit Exhibit D, 2004 208 Plan, # 8 Exhibit 2003 PSC Order, # 9 Exhibit Exhibit F, CWS Ltr dated March 21, # 10 Exhibit Exhibit G, Town Ltr dated May 21)No proposed order.(Lowell, Randy) Modified to remove attachment #1 and file separately as document #10 on 3/17/2015 (asni, ). (Entered: 03/16/2015)
2015-03-168ANSWER to 1 Complaint, by Carolina Water Service Inc. (Attachments: # 1 Table of Exhibits, # 2 Exhibit NPDES Permit, # 3 Exhibit 1997 208 Plan, # 4 Exhibit 2004 208 Plan, # 5 Exhibit Town Ltr. dated May 8)(Lowell, Randy) (Entered: 03/16/2015)
2015-03-1610Local Rule 26.01 Answers to Interrogatories by Carolina Water Service Inc.(asni, ) (Entered: 03/17/2015)
2015-03-2311Letter from Congaree Riverkeeper. (Holman, J) (Entered: 03/23/2015)
2015-04-1713RESPONSE in Opposition re 7 First MOTION to Dismiss for Lack of Jurisdiction First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Congaree Riverkeeper Inc.Reply to Response to Motion due by 4/27/2015 (Attachments: # 1 Exhibit A - Norris Declaration, # 2 Exhibit B - Odum Declaration, # 3 Exhibit C - Stangler Declaration, # 4 Exhibit D - Barber Declaration, # 5 Exhibit E - Feb 24 200 DHEC Admin Order, # 6 Exhibit F - Excerpts from 2009 CMCOG 208 Report)(Holman, J) (Entered: 04/17/2015)
2015-04-2114Letter from John M.S. Hoefer. (Hoefer, John) (Entered: 04/21/2015)
2015-05-0115Consent MOTION to Amend/Correct 13 Response in Opposition to Motion,, by Congaree Riverkeeper Inc. Response to Motion due by 5/18/2015. (Attachments: # 1 Exhibit 1 - Proposed Amended Response, # 2 Exhibit A - Norris Declaration, # 3 Exhibit B - Odum Declaration, # 4 Exhibit C - Stangler Declaration, # 5 Exhibit D - Barber Declaration, # 6 Exhibit E - Feb 24 2000 DHEC Admin Order, # 7 Exhibit F - Excerpts from 2009 CMCOG 208 Report)No proposed order.(Holman, J) (Entered: 05/01/2015)
2015-05-0116REPLY to Response to Motion re 7 First MOTION to Dismiss for Lack of Jurisdiction First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Carolina Water Service Inc. (Attachments: # 1 Table of Exhibits, # 2 Exhibit A (ALC Decision), # 3 Exhibit B (DHEC Bd. Order), # 4 Exhibit C (DSI NPDES), # 5 Exhibit D (Alpine NPDES), # 6 Exhibit E (Woodlands NPDES))(Lowell, Randy) (Entered: 05/01/2015)
2015-05-0417TEXT ORDER granting 15 Motion to Amend/Correct 13 RESPONSE in Opposition to 7 MOTION to Dismiss Signed by Honorable Margaret B Seymour on 5/4/2015.(mdea ) (Entered: 05/04/2015)
2015-05-0418NOTICE of Hearing on Motion 7 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 6/18/2015 11:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 05/04/2015)
2015-06-1819Minute Entry. Proceedings held before Honorable Margaret B Seymour: denying 7 Motion to Dismiss for Lack of Jurisdiction; denying 7 Motion to Dismiss for Failure to State a Claim; Motion Hearing held on 6/18/2015 re 7 First MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Carolina Water Service Inc. Court Reporter Jenny Williams. (mdea ) (Entered: 06/18/2015)
2015-06-1820CONFERENCE AND SCHEDULING ORDER Rule 26 Report due by 7/22/2015, Motions to Amend Pleadings due by 8/17/2015, Plaintiffs ID of Expert Witness due by 9/16/2015, Defendants ID of Expert Witnesses Due by 10/16/2015, Records Custodian Affidavit due by 10/16/2015, Discovery due by 12/15/2015, Motion in Limine due by 3/28/2016, Motions due by 12/30/2015, Rule 26(a)(3) Disclosures due by 3/14/2016, Pretrial Briefs due by 4/11/2016, Bench Trial Deadline 4/18/2016, ADR Statement due by 1/29/2016, Mediation Due by 2/29/2016. Signed by Honorable Margaret B Seymour on 6/18/2015. (mdea ) (Entered: 06/18/2015)
2015-06-2521ORDER re 7 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Follows oral order of 6/18/2015. Signed by Honorable Margaret B Seymour on 6/25/2015. (mdea ) (Entered: 06/25/2015)
2015-07-2223Local Rule 26.03 Answers to Interrogatories by Carolina Water Service Inc.(Lowell, Randy) (Entered: 07/22/2015)
2015-07-2224Rule 26 Outline of Discovery Plan by Carolina Water Service Inc.(Lowell, Randy) (Entered: 07/22/2015)
2015-07-2225Joint Rule 26(f) Report by Congaree Riverkeeper Inc.(Holman, J) (Entered: 07/22/2015)
2015-07-2226Plaintiff's Rule 26 Outline of Discovery Plan by Congaree Riverkeeper Inc.(Holman, J) (Entered: 07/22/2015)
2015-07-2227Local Rule 26.03 Answers to Interrogatories by Congaree Riverkeeper Inc.(Holman, J) (Entered: 07/22/2015)
2015-08-0528MOTION to Stay by Carolina Water Service Inc. Response to Motion due by 8/24/2015. (Attachments: # 1 Exhibit DHEC Proposed Renewal Permit)No proposed order.(Lowell, Randy) Modified on 9/11/2015 to reflect supplement filed as entry 34 and on 11/2/2015 as entry 36 (mdea, ). (Entered: 08/05/2015)
2015-08-0729MOTION to Appear Pro Hac Vice by Catherine Moore Wannamaker ( Filing fee $ 250 receipt number 0420-6093641) by Congaree Riverkeeper Inc. Response to Motion due by 8/24/2015. (Attachments: # 1 Memo in Support, # 2 Proposed Order, # 3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Holman, J) (Entered: 08/07/2015)
2015-08-1430TEXT ORDER granting 29 Motion for Catherine Wannamaker to Appear Pro Hac Vice. Signed by Honorable Margaret B Seymour on 8/14/2015.(mdea ) (Entered: 08/14/2015)
2015-08-2431RESPONSE in Opposition re 28 MOTION to Stay Case Response filed by Congaree Riverkeeper Inc.Reply to Response to Motion due by 9/3/2015 (Holman, J) Modified on 9/10/2015 to reflect supplement filed on 9/9/2015 as entry 33 (mdea, ). (Entered: 08/24/2015)
2015-09-0332REPLY to Response to Motion re 28 MOTION to Stay Response filed by Carolina Water Service Inc. (Attachments: # 1 Exhibit The State - News Article)(Johnston, Chad) Supplement filed as entry 34 on 9/11/2015 and entry 36 on 11/2/2015 (mdea, ). (Entered: 09/03/2015)
2015-09-0933SUPPLEMENT by Congaree Riverkeeper Inc to 31 Response in Opposition to Motion. (Attachments: # 1 DHECs Notice of Intent to Deny) Re-filed by Clerk to correct event type and to add description to attachment.(mdea ) (Entered: 09/10/2015)
2015-09-1134SUPPLEMENT by Carolina Water Service Inc to 28 MOTION to Stay , 32 Reply to Response to Motion . (Attachments: # 1 Exhibit Defendant CWS Application to the Public Service Commission of South Carolina, filed September 3, 2015)(Johnston, Chad) (Entered: 09/11/2015)
2015-10-2735NOTICE of Hearing on Motion 28 MOTION to Stay : Motion Hearing set for 11/5/2015 04:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 10/27/2015)
2015-11-0236SUPPLEMENT by Carolina Water Service Inc to 28 MOTION to Stay , 32 Reply to Response to Motion . (Attachments: # 1 Exhibit ORS Email and Letter)(Lowell, Randy) (Entered: 11/02/2015)
2015-11-0237NOTICE OF RESCHEDULED HEARING Motion Hearing set for 11/5/2015 at 4:00 pm cancelled and rescheduled to: Motion Hearing set for 11/5/2015 03:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. *PLEASE NOTE change in time only.* (mdea ) (Entered: 11/02/2015)
2015-11-0438NOTICE OF RESCHEDULED HEARING motion hearing set for 11/5/2015 at 3:00 pm cancelled and rescheduled to: Motion Hearing set for 11/5/2015 03:00 PM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Carolina Water Service's counsel shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421.(mdea ) (Entered: 11/04/2015)
2015-11-0539Minute Entry. Proceedings held via telephone before Honorable Margaret B Seymour: denying 28 Motion to Stay; Motion Hearing held on 11/5/2015 re 28 MOTION to Stay filed by Carolina Water Service Inc. Parties to submit proposed consent amended scheduling order. Court Reporter Jenny Williams. (mdea ) (Entered: 11/05/2015)
2015-12-0341AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 12/7/2015, Plaintiffs ID of Expert Witness due by 1/22/2016, Defendants ID of Expert Witnesses Due by 2/19/2016, Records Custodian Affidavit due by 2/19/2016, Discovery due by 3/11/2016, Motion in Limine due by 4/15/2016, Motions due by 5/6/2016, Rule 26(a)(3) Disclosures due by 6/17/2016, Bench Trial Deadline 7/18/2016, ADR Statement due by 4/20/2016, Mediation Due by 5/20/2016. Signed by Honorable Margaret B Seymour on 12/3/2015. (mdea ) (Entered: 12/03/2015)
2016-01-2042Consent MOTION for Confidentiality Order by Carolina Water Service Inc. Response to Motion due by 2/8/2016. (Attachments: # 1 Exhibit Redline Version of Modified Consent Confidentiality Order, # 2 Exhibit Clean Version of Modified Consent Confidentiality Order)Proposed order is being emailed to chambers.(Johnston, Chad) (Main Document 42 replaced on 1/20/2016) (mdea, ). (Entered: 01/20/2016)
2016-01-2043Consent MOTION for Extension of Time by Congaree Riverkeeper Inc. Response to Motion due by 2/8/2016. No proposed order.(Holman, J) (Entered: 01/20/2016)
2016-01-2144CONFIDENTIALITY ORDER, Motions terminated: 42 Consent MOTION for Confidentiality Order filed by Carolina Water Service Inc. Signed by Honorable Margaret B Seymour on 1/21/2016. (mdea ) (Entered: 01/21/2016)
2016-02-0245SECOND AMENDED SCHEDULING ORDER( Plaintiffs ID of Expert Witness due by 2/5/2016, Defendants ID of Expert Witnesses Due by 2/26/2016, Records Custodian Affidavit due by 2/26/2016, Discovery due by 3/18/2016, Motion in Limine due by 4/15/2016, Motions due by 5/6/2016, Rule 26(a)(3) Disclosures due by 6/17/2016, Bench Trial Deadline 7/18/2016, ADR Statement due by 4/20/2016, Mediation Due by 5/20/2016) Motions terminated: 43 Consent MOTION for Extension of Time filed by Congaree Riverkeeper Inc. Signed by Honorable Margaret B Seymour on 2/2/2016. (mdea ) (Entered: 02/02/2016)
2016-02-2646DEFENDANT'S ID OF EXPERT WITNESSES by Carolina Water Service Inc.(Johnston, Chad) (Entered: 02/26/2016)
2016-02-2647AFFIDAVIT of Records Custodian by Carolina Water Service Inc.(Johnston, Chad) (Additional attachment(s) added on 2/29/2016: # 1 Notice of Filing) (mdea, ). (Entered: 02/26/2016)
2016-02-2648PLAINTIFF'S ID OF EXPERT WITNESSES by Congaree Riverkeeper Inc.(Holman, J) (Entered: 02/26/2016)
2016-03-0449Consent MOTION to Amend/Correct 45 Second Amended Scheduling Order by Congaree Riverkeeper Inc. Response to Motion due by 3/21/2016. Proposed order is being emailed to chambers with copy to opposing counsel.(Holman, J) Modified on 3/4/2016 to link to correct entry and to edit text (mdea, ). (Entered: 03/04/2016)
2016-03-0450THIRD AMENDED SCHEDULING ORDER( Discovery due by 4/29/2016, Motion in Limine due by 5/27/2016, Motions due by 6/17/2016, Rule 26(a)(3) Disclosures due by 7/22/2016, Bench Trial Deadline 8/22/2016, ADR Statement due by 4/20/2016, Mediation Due by 5/20/2016, Motions terminated: 49 Consent MOTION to Amend/Correct 45 Second Amended Scheduling Order filed by Congaree Riverkeeper Inc. Signed by Honorable Margaret B Seymour on 3/4/2016. (mdea ) (Entered: 03/04/2016)
2016-03-2251NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion to Stay held on November 5, 2015, before Judge Margaret B. Seymour. Court Reporter/Transcriber Jennifer H. Williams, RPR, E-mail: Jenny_Williams@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 4/12/2016. Redacted Transcript Deadline set for 4/22/2016. Release of Transcript Restriction set for 6/20/2016. (jwil, ) (Entered: 03/22/2016)
2016-04-0152Consent MOTION for Confidentiality Order (Modified) by Carolina Water Service Inc. Response to Motion due by 4/18/2016. (Attachments: # 1 Exhibit Redline Version of Modified Consent Confidentiality Order, # 2 Exhibit Clean Version of Modified Consent Confidentiality Order)No proposed order.(Johnston, Chad) (Entered: 04/01/2016)
2016-04-0453AMENDED CONFIDENTIALITY ORDER granting 52 Motion for Confidentiality Order Signed by Honorable Margaret B Seymour on 4/4/2016.(mdea ) (Entered: 04/04/2016)
2016-04-1954Consent MOTION to Amend/Correct 50 Scheduling Order, Terminate Motions,, by Carolina Water Service Inc. Response to Motion due by 5/6/2016. Proposed order is being emailed to chambers with copy to opposing counsel.(Lowell, Randy) (Entered: 04/19/2016)
2016-04-2155FOURTH AMENDED SCHEDULING ORDER Discovery due by 4/29/2016, Motions due by 5/6/2016, all remaining pending deadlines are held in abeyance until ruling on any motions for summary judgment. Signed by Honorable Margaret B Seymour on 4/21/2016. (mdea ) (Entered: 04/21/2016)
2016-05-0657MOTION for Summary Judgment & Memorandum in Support of by Congaree Riverkeeper Inc. Response to Motion due by 5/23/2016. (Attachments: # 1 Exhibit 1 - NPDES Permit, # 2 Exhibit 2 - DHEC Notice of Intent to Deny, # 3 Exhibit 3 - CWS Resp. to Riverkeeper's 1st RFAs, # 4 Exhibit 4 - 2012 CWS E-mail to DHEC, # 5 Exhibit 5 - Emails between TOL & CWS, # 6 Exhibit 6 - TOL Letter to Utilities, Inc., # 7 Exhibit 7 - Utilities, Inc. ltr to TOL, # 8 Exhibit 8 - CWS's Resp. to Riverkeeper's 1st INTs, # 9 Exhibit 9 - CWS Discharge Monitoring Reports)No proposed order.(Holman, J) (Main Document 57 replaced on 5/9/2016) (mdea, ). Modified on 9/22/2016 to reflect supplement filed as entry 64 (mdea, ). (Entered: 05/06/2016)
2016-05-0658MOTION for Summary Judgment by Carolina Water Service Inc. Response to Motion due by 5/23/2016. (Attachments: # 1 Memo in Support, # 2 Exhibit Table of Exhibits, # 3 Exhibit Ex. A - Dec. 3, 2015 E-mail Chain, # 4 Exhibit Ex. B - 2015 Town of Lexington CAFR Excerpt, # 5 Exhibit Ex. C - March 21, 2014 CWS Ltr. to Town, # 6 Exhibit Ex. D - July 31, 2014 Confidentiality Agreement, # 7 Exhibit Ex. E - Aug. 22, 2014 E-mail Chain, # 8 Exhibit Ex. F - Dec. 1, 2014 E-mail Chain, # 9 Exhibit Ex. G - Sept. 9, 2015 Durham Ltr. to MacDougall, # 10 Exhibit Ex. H - Sept. 11, 2015 MacDougall Ltr. to Durham, # 11 Exhibit Ex. I - Affidavit of Robert H. Gilroy, # 12 Exhibit Ex. J - Sept. 11, 2015 Durham Ltr. to MacDougall, # 13 Exhibit Ex. K - Nov. 17, 2015 E-mail Chain, # 14 Exhibit Ex. L - Nov. 19, 2015 E-mail Chain, # 15 Exhibit Ex. M - Dec. 3, 2015 E-mail Chain, # 16 Exhibit Ex. N. - Dec. 4, 2015 E-mail Chain, # 17 Exhibit Ex. O - Sept. 18, 2015 E-mail, # 18 Exhibit Ex. P - Aug. 28, 2015 State Newspaper Article)No proposed order.(Johnston, Chad) Modified on 9/22/2016 to reflect supplement filed as entry 65 (mdea, ). (Entered: 05/06/2016)
2016-05-2059RESPONSE in Opposition re 58 MOTION for Summary Judgment Response filed by Congaree Riverkeeper Inc.Reply to Response to Motion due by 5/31/2016 (Holman, J) (Entered: 05/20/2016)
2016-05-2060RESPONSE in Opposition re 57 MOTION for Summary Judgment & Memorandum in Support of Response filed by Carolina Water Service Inc.Reply to Response to Motion due by 5/31/2016 (Attachments: # 1 Table of Exhibits, # 2 Exhibit A. - Sept. 4, 2004 DHEC Ltr. to CWS Counsel, # 3 Exhibit B. - Affidavit of Robert H. Gilroy, dated May 20, 2016, # 4 Exhibit C. - Nov. 5, 2015 Transcript of Telephone Conference on Motion to Stay, # 5 Exhibit D. - Excerpt of 1997 208 Plan)(Johnston, Chad) (Entered: 05/20/2016)
2016-06-0361REPLY to Response to Motion re 58 MOTION for Summary Judgment Response filed by Carolina Water Service Inc. (Attachments: # 1 Table of Exhibits, # 2 Exhibit A - July 16, 1999 CWS Request for Modification of I-20 NPDES Permit, # 3 Exhibit B - August 17, 1999 DHEC Ltr. to CWS Contractor re: Modification Request, # 4 Exhibit C - December 2, 1999 DHEC Ltr. to CWS Denying Modification Request, # 5 Exhibit D - February 24, 2000 DHEC Administrative Order 00-039-W)(Johnston, Chad) (Main Document 61 replaced on 6/6/2016) (mdea, ). (Entered: 06/03/2016)
2016-06-0362REPLY to Response to Motion re 57 MOTION for Summary Judgment Response filed by Congaree Riverkeeper Inc. Re-filed by Clerk to correct event type. (mdea ) Modified on 6/6/2016 to link to correct entry (mdea, ). (Entered: 06/06/2016)
2016-09-0763TEXT ORDER: Each party is ordered to submit a supplemental brief addressing the August 1, 2016, South Carolina Department of Health and Environmental Control (DHEC) decision to deny renewal of the National Pollutant Discharge Elimination System permit for the Carolina Water Service, Inc.'s I-20 Wastewater Treatment Plant. The parties should inform the court how DHEC's decision impacts the case and the pending motions for summary judgment. Each party has 14 days from entry of this order to file a supplemental brief and then each party will have 7 days to file a response brief to the opposing party's supplemental brief.(Briefs due by 9/21/2016, Reply briefs due by 9/28/2016.) Signed by Honorable Margaret B Seymour on 9/7/2016. (mdea ) (Entered: 09/07/2016)
2016-09-2164SUPPLEMENT by Congaree Riverkeeper Inc to 57 MOTION for Summary Judgment Supplemental Brief . (Attachments: # 1 Exhibit DHEC Permit Renewal Denial, # 2 Exhibit DHEC Administrative Order 16-023-W)(Holman, J) Modified on 9/22/2016 to link to correct entry (mdea, ). (Entered: 09/21/2016)
2016-09-2165SUPPLEMENT by Carolina Water Service Inc to 58 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Table of Exhibits, # 2 Exhibit A - August 1, 2016 DHEC Denial of NPDES Permit, # 3 Exhibit B - Excerpt from 1997 208 Plan, # 4 Exhibit C - April 21, 1999 DHEC Notice to CWS re Status of Town of Lexington Regional Sewer System, # 5 Exhibit D - April 28, 1998 DHEC Construction Permit No. 22965-WW, # 6 Exhibit E - July 21, 2000 Agreement between DHEC and Town of Lexington, # 7 Exhibit F - August 1, 2016 DHEC Administrative Order No. 16-023-W, # 8 Exhibit G - September 16, 2016 Affidavit of Robert H. Gilroy, # 9 Exhibit H - August 31, 2015 DHEC Press Release, # 10 Exhibit I - F - August 1, 2016 DHEC Administrative Order No. 16-024-W, # 11 Exhibit J - August 16, 2016 CWS Request for Final Review of DHEC Permit Denial, # 12 Exhibit K - September 7, 2016 DHEC Board Denial of CWS Request for Final Review)(Johnston, Chad) Modified on 9/22/2016 to link to correct entry (mdea, ). (Entered: 09/21/2016)
2016-09-2866REPLY by Congaree Riverkeeper Inc to 65 Supplemental Brief. (Attachments: # 1 Exhibit 1 - DHEC Response to Request for Review) Re-filed by Clerk to correct event type.(mdea ) (Entered: 09/28/2016)
2016-09-2867REPLY by Carolina Water Service Inc to 64 Supplement, . (Attachments: # 1 Table of Exhibits, # 2 Exhibit A - 2001 Proposed NPDES Permit, # 3 Exhibit B - 2016-08-16 CRK Motion to Intervene in DHEC Board Proceeding)(Johnston, Chad) Modified on 9/29/2016 to correct attachment descriptions (mdea, ). (Entered: 09/28/2016)
2016-10-1768NOTICE of Hearing on Motion 58 MOTION for Summary Judgment , 57 MOTION for Summary Judgment : Motion Hearing set for 11/9/2016 03:30 PM in Columbia # 6, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 10/17/2016)
2016-10-2769NOTICE OF RESCHEDULED HEARING Motion hearing set for 11/9/2016 at 3:30 pm cancelled and rescheduled to: Motion Hearing set for 11/9/2016 02:00 PM in Columbia # 6, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. **NOTE THAT CHANGE IS IN TIME ONLY**(mdea ) (Entered: 10/27/2016)
2016-11-0870NOTICE OF RESCHEDULED HEARING Motion Hearing set for 11/9/2016 02:00 PM cancelled and rescheduled to: Motion Hearing set for 11/30/2016 01:00 PM in Columbia # 6, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 11/08/2016)
2016-11-0971NOTICE OF RESCHEDULED HEARING Motion Hearing set for 11/30/2016 01:00 PM cancelled and rescheduled to: Motion Hearing set for 11/17/2016 10:00 AM in Columbia # 6, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 11/09/2016)
2016-11-1772Minute Entry. Proceedings held before Honorable Margaret B Seymour: Motion Hearing held on 11/17/2016 re 58 MOTION for Summary Judgment filed by Carolina Water Service Inc, 57 MOTION for Summary Judgment filed by Congaree Riverkeeper Inc. Court takes under advisement, written order forthcoming. Court Reporter Kathleen Richardson. (mdea ) (Entered: 11/17/2016)
2017-03-1073NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion hearing held on November 17, 2016, before Judge Margaret B. Seymour. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 3/31/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/8/2017. (kari, ) (Entered: 03/10/2017)
2017-03-3074ORDER AND OPINION granting 57 Motion for Summary Judgment; denying 58 Motion for Summary Judgment. The court fines the Defendant $1,500,000.00 for failure to connect to the regional system and $23,000.00 for violation of the effluent limitations, totaling $1,523,000.00. Effective April 1, 2018, Defendant Carolina Water Services, Inc. is permanently enjoined and restrained from discharging any treated or untreated waste water into the Saluda River and must connect to a regional waste water treatment plant in accordance with the 208 Plan. Signed by Honorable Margaret B Seymour on 3/29/2017.(mdea ) (Entered: 03/30/2017)
2017-03-3075SUMMARY JUDGMENT in favor of Plaintiff against Defendant (mdea ) (Entered: 03/30/2017)
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