ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, the Respondent, the South Carolina Department of Health and Environmental Control, (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 is charged with the implementation of the SUPERB Act, S.C. Code Ann. 44-2-10 et seq. (Supp. 1999), and the
Regulations promulgated pursuant thereto, 24A S.C. Code Ann. Regs. 61-92 (Supp. 1999); and
WHEREAS, the Petitioner, Cromwell C. Rawls, III, and Cromwell C. Rawls, III, d/b/a Express 2000, owns underground storage
tanks 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, the Department alleges that Petitioner violated several regulations contained in the SUPERB Act and issued
Administrative Order 00-0434-UST to enforce said provisions; and
WHEREAS, Petitioner has now complied with the regulations in the SUPERB Act that Petitioner was previously identified as
having violated; and
WHEREAS, the parties to this action have reached an agreement as outlined below that will dispose of this case without further
proceedings; and
WHEREAS, Petitioner agrees to dismiss the appeal and the Department agrees to a reduced penalty of one thousand ($1,000.00)
dollars;
NOW THEREFORE IT IS ORDERED AND AGREED that, within thirty (30) days from the date of this Order, Petitioner,
Cromwell C. Rawls, III, shall pay a reduced penalty in the amount of one thousand ($1,000.00) dollars, pursuant to its agreement with
the Department.
IT IS FURTHER ORDERED AND AGREED that the issues underlying the Administrative Order 00-0434-UST are resolved and
this contested case proceeding is hereby dismissed.
AND IT IS SO ORDERED.
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JOHN D. GEATHERS 11/2/00
Administrative Law Judge |