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COM'RS OF PUB. WORKS v. DEPT. OF HEALTH

No. 4186.

372 S.C. 351 (2006)

641 S.E.2d 763

The COMMISSIONERS OF PUBLIC WORKS, City of Charleston and North Charleston Sewer District, Respondents, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Appellant.

Court of Appeals of South Carolina.

Decided December 18, 2006.

Withdrawn, Substituted and Refiled January 23, 2007.

Attorney(s) appearing for the Case

Carlisle Roberts, Jr. and Jacquelyn Sue Dickman, both of Columbia and Evander Whitehead, of Charleston, for Appellant.

Frank Paul Calamita, III, of Richmond and Mary D. Shahid and Lucas C. Padgett, Jr., both of Charleston, for Respondents.

KITTREDGE, J.:

The South Carolina Department of Health and Environmental Control (DHEC) appeals the circuit court's order finding DHEC erred in imposing certain flow and load limits in permits issued to the Charleston Commissioners of Public Works and the North Charleston Sewer District (hereinafter "Respondents"). For the reasons discussed below, we affirm in part, reverse in part, vacate in part, and remand to the circuit...

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