Charles S. Blackmon v. SCDHEC

Syllabus

In this contested case, Charles S. Blackmon and South Carolinians for Responsible Agricultural Practices appeal the order of the Administrative Law Court (the ALC) affirming the South Carolina Department of Health and Environmental Control's issuance of agricultural permits to David Coggins Broilers, Heath Coggins Broilers, and Jim Young Broilers (collectively, Broilers). Appellants argue the ALC erred in (1) deferring to the Department's interpretation of regulations 61-9.122 and 61-43 Part 200 of the South Carolina Code and concluding that, as a matter of law, Broilers were not required to apply for a separate National Pollutant Discharge Elimination System (NPDES) permit or obtain an exemption from the Department (2) deferring to the Department's interpretation of regulation 61-43 that allowed it to avoid mandated aspects of permit evaluation and precluded a meaningful review of the permit application and (3) requiring Appellants to establish actual discharges of pollutants by existing permittees. We reverse and remand to the Department.