Commissioners of Public Works v. South Carolina Department of Health & Environmental Control

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 court for the purpose of remanding to the DHEC Board.

I

Respondents collect and treat wastewater for portions of Charleston and Berkeley counties. The treated wastewater,…