State v. Peake

Justice PLEICONES:

The circuit court granted petitioner’s motion to quash an indictment charging petitioner with violating the Pollution Control Act (the Act) 1 The State appealed, and the Court of Appeals reversed. State v. Peake, 345 S.C. 72, 545 S.E.2d 840 (Ct.App.2001). We granted certiorari, and affirm the decision reinstating the indictment.

FACTS

Petitioner, a real estate developer, owned a private water treatment plant. The Department of Health and Environmental Control (DHEC) contacted petitioner in the summer of 1996 concerning the operation of this plant. In August 1996, petitioner…