ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Respondent, South Carolina Department of Health and Environmental
Control (ADHEC@ or Athe Department@), is an agency of the state of South Carolina, vested with
all the powers, functions, and duties granted to the Department and its officers and agents by
statute, and has regulatory authority over management of the State Underground Petroleum
Environmental Response Bank (SUPERB) Act, S. C. Code Ann. ' 44-2-10 et. seq. (2002), and
the Regulations promulgated pursuant thereto, 25A S.C. Code Ann. Regs. 61-92
(Supp. 2001); and
WHEREAS, Petitioner, Clary Smith d/b/a Smith’s Exxon (“Smith”), owns and operates
underground storage tanks (USTs) as defined in the State Underground Petroleum Environmental
Response Bank (SUPERB) Act, Title 44, Chapter 2 of the South Carolina Code of Laws as
amended; and
WHEREAS, Petitioner Smith owns underground storage tanks (USTs),
which are located at 2165 South Pine Street, Spartanburg, Spartanburg County, South Carolina,
Facility I.D. # 12564; and
WHEREAS, Petitioner Smith is responsible, as the owner and operator of the USTs, for
adhering to the SUPERB Act and rules and regulations promulgated under the Act; and
WHEREAS, Respondent DHEC issued Administrative Order (AO) 01-0975-UST
against Petitioner Smith, for violations of the SUPERB Act, S. C. Code Ann.
' 44-2-10 et seq. (2002), and the regulations promulgated pursuant thereto, 25A S.C. Code Ann.
Regs. 61-92 (Supp. 2001), and ordered, inter alia, Petitioner to correct the cited violations in the
Order and to pay an assessed civil penalty of three thousand, one hundred and fifty dollars
($3,150.00); and
WHEREAS, Petitioner Smith appealed the AO pursuant to the Rules for the
Administrative Law Judge Division (ALJD); and
WHEREAS, in consideration of Petitioner Smith’s willingness to cooperate with
Respondent DHEC and because he has hired a company to perform the required regulatory tank
tightness tests upon his USTs, Respondent DHEC agrees to waive two thousand, one hundred and
fifty dollars ($2,150.00) of the assessed civil penalty of, now requiring Petitioner to pay a reduced
civil penalty of one thousand dollars ($1,000.00); and
WHEREAS, Petitioner Smith, has agreed to comply with the following directives of
Respondent DHEC, as outlined in this Consent Order of Dismissal.
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that
Petitioner Smith will submit to Petitioner DHEC, no later than, thirty (30) days after the filing of
this Consent Order of Dismissal, the following:
qCurrent line tightness test results;
qCurrent line leak detector test results;
qCurrent precision tank tightness test results; and
qAutomatic Tank Gauge test results for three (3) consecutive months (September,
October, and November, 2003).
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED that Petitioner
Smith will also submit to Respondent DHEC no later than Monday, December 15, 2003,
the following:
qA certified check or money order in the amount of $1,000.00 for the reduced
civil penalty.
ADDITIONALLY, IT IS FURTHER ORDERED, CONSENTED TO, AND
AGREED that with this Consent Order of Dismissal, the issues underlying Administrative Order
01-0975-UST are resolved and this proceeding is hereby dismissed; however, if Petitioner Smith
fails to comply with any part of this Consent Order of Dismissal, Respondent DHEC reserves the
right to reinstate the fully assessed civil penalty of $3,150.00 and will seek to hold Petitioner
Smith in civil contempt of Court for his non-compliance with this Consent Order.
AND IT IS SO ORDERED.
____________________________________________________
Carolyn C. Matthews, Administrative Law Judge Date
WE CONSENT:
____________________________________________________
Clary Smith for Date
Clary Smith d/b/a Smith’s Exxon
____________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201-1708
August 25, 2003
Columbia, SC |