Legal Opinion
City of Rock Hill v. South Carolina Department of Health & Environmental Control
Supreme Court of South Carolina
Decided July 23, 1990No. 23249PublishedCited by 16 opinions
1Opinion of the Court
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 damages from a governmental entity.
I. FACTS
Appellant City of Rock Hill (the City) owns and operates the Manchester Creek Waste Water Treatment Plant which is located in York County. The City…
2Cases cited5 opinions
- City of Columbia v. Board of Health & Environmental ControlSupreme Court of South Carolina · 1987
- Pearson v. Mills Mfg. Co.Supreme Court of South Carolina · 1909
- Babcock Center, Inc. v. Office of AuditsSupreme Court of South Carolina · 1985
- Sharpe Ex Rel. Estate of Sharpe v. South Carolina Dept. of Mental HealthSupreme Court of South Carolina · 1984
- Carolina Chemicals, Inc. v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 1986
3Cited by16 opinions
- Capco of Summerville, Inc. v. J.H. Gayle Construction Co.Supreme Court of South Carolina · 2006
- DuRant v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2004
- Spartanburg County Department of Social Services v. LittleSupreme Court of South Carolina · 1992
- Eagle Container Co. Ex Rel. Estate of Spotts v. County of NewberryCourt of Appeals of South Carolina · 2005
- Justice v. PantryCourt of Appeals of South Carolina · 1998
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