Chem-Nuclear Systems, LLC v. South Carolina Board of Health & Environmental Control
Supreme Court of South Carolina
1Opinion of the CourtJustice Burnett
We accepted this case in our original jurisdiction to determine the application and effect of Act No. 387, 2006 S.C. Acts 387, (“Act 387”) to an appeal pending before the South Carolina Board of Health and Environmental Control (Board) on the effective date of Act 387.
FACTUALIPROCEDURAL BACKGROUND
Chem-Nuclear Systems, LLC, (“Chem-Nuclear”) operates a low-level radioactive waste disposal facility in Barnwell County. Chem-Nuclear’s facility is licensed by the State of South Carolina through the Department of Health and Environmental Control (DHEC). On March 15, 2004, DHEC’s Office of…
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