ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS, Petitioner, South Carolina Department of Health and Environmental Control
(“DHEC” or “the 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, Defendant, Terry Hucks, Individually, and Terry Hucks d/b/a Hot Spot 2037
(“Hucks”), 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, Defendant Hucks owns and operates underground storage tanks (USTs), which
are located at 2921 Hwy. 701 N., Conway, Horry County, South Carolina, UST Permit # 15043; and
WHEREAS, Defendant Hucks is responsible, as the owner and operator of the referenced
USTs, for adhering to the SUPERB Act and rules and regulations promulgated under the Act; and
WHEREAS, Petitioner DHEC issued Administrative Order (AO) 03-4076-UST against
Defendant Hucks, 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, Defendant to submit to Petitioner DHEC, within 30 days, a completed Certificate
of Financial Responsibility and proof of mechanism as required by 25A S.C. Code Ann. Regs. 61-92.280.93(a) and 61-92.280.110(c) (Supp. 2001) and also ordered Defendant to pay, an assessed civil
penalty of two thousand, seven hundred and fifty dollars ($2,750.00); and
WHEREAS, Defendant Hucks appealed the referenced AO on September 29, 2003, pursuant
to the Rules for the Administrative Law Judge Division (ALJD); and
WHEREAS, Defendant Hucks has now complied fully with the AO by submitting a
completed Certificate of Financial Responsibility and proof of mechanism and by paying to Petitioner
DHEC a reduced civil penalty of one thousand dollars ($1,000.00).
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED to by
Petitioner DHEC and Defendant Hucks that the issues underlying Administrative Order 03-4076-UST
and the above-captioned action are resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
______________________________________________12/18/03___
Marvin F. Kittrell, Chief Administrative Law JudgeDate |