ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from the South Carolina Department of Health and
Environmental Control (Department) directing the conduct of a hearing due to the appeal by Petitioner Ken Moorhead Oil, Inc., of the
issuance of Consolidated Administrative Order 99-0427-UST. Prior to a hearing being held, the parties have reached an agreement
which will resolve this matter without the need for a hearing. Specifically, the parties agreed that:
(1) Petitioner, within thirty (30) days, will submit automatic tank gauge test results at Bureau of Underground Storage Tanks (Bureau)
Facility I.D. #11046, otherwise known as KMO 115, with tanks 90% full, or precision tank tightness test results, for all gasoline and
diesel tanks dated later than January 2000. Petitioner will also submit a similar test for the kerosene tank at said facility when it
returns to operation.
(2) Petitioner, within thirty (30) days, will submit current automatic tank gauge test results at Bureau Facility I.D. #17387, otherwise
known as KMO 252, with tanks 90% full, or precision tank tightness test results, for all tanks.
(3) Petitioner, within thirty (30) days, will submit current automatic tank gauge test results at Bureau Facility I.D. #10096, otherwise
known as KMO 109, with tanks 90% full, or precision tank tightness test results, for all tanks. Petitioner will also submit proof that
the tanks are being monitored monthly for releases.
(4) Petitioner, within sixty (60) days, will submit to the Bureau a document generated by the Department that acknowledges that
Petitioner reported a release at Bureau Facility I.D. #04600, otherwise known as KMO 246, to the Department on or before July 30,
1993. Petitioner agrees to submit a Tier I assessment report for said facility within ninety (90) days if Petitioner fails to submit said
report.
(5) Petitioner agrees to pay a $4,000.00 penalty to the Department within thirty (30) days.
(6) Petitioner agrees to pay $2,000.00 in overdue tank fees to the Department within thirty (30) days.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested case is dismissed.
AND IT IS SO ORDERED.
_____________________________
Ralph King Anderson, III
Administrative Law Judge
September 27, 2000
Columbia, South Carolina
|