ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Respondent, the 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. (1976 & 2001), and the Regulations promulgated pursuant thereto, 24A S.C.
Code Ann. Regs. 61-92 (Supp. 2001); and
WHEREAS, Petitioner, Whitaker Oil Company, Inc. ("Whitaker") owned and operated 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 Whitaker owned and operated underground storage tanks (USTs)
which were located at 701 Pearl Street, Pageland, Chesterfield County, South Carolina, Facility I.D.
# 02236; and
WHEREAS Petitioner Whitaker is responsible, as the former 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 01-0887-UST against Petitioner Whitaker, for violations of the
SUPERB Act, S. C. Code Ann.§ 44-2-10 et seq. (1976 & 2001), and the regulations promulgated pursuant thereto, 24A S.C. Code
Ann. Regs. 61-92 (Supp. 2001), and ordered, inter alia, Petitioner to pay an assessed civil penalty of four thousand, three hundred and
eighty-five dollars ($4,385.00) for the above-referenced violations, to pay three hundred dollars ($300.00) in tank registration fees,
and ordered Petitioner to perform several activities; and
WHEREAS, Petitioner Whitaker appealed Administrative Order 901-0887-UST pursuant to the Rules for the Administrative Law
Judge Division (ALJD), contesting the Department's allegations; and
WHEREAS, Petitioner Whitaker has now fully complied with the provisions of Administrative Order 01-0887-UST by submitting to
Respondent DHEC an Initial Groundwater Assessment Report (IGWA) and a check in the amount of five hundred dollars ($500.00),
which represents a reduced civil penalty, inclusive of the $300.00 in tank registration fees; and
WHEREAS, Petitioner Whitaker agrees to dismiss this matter; and
WHEREAS, in consideration of Petitioner Whitaker's compliance with Administrative Order 01-0887-UST, Respondent DHEC
agrees to suspend the remainder of the assessed civil penalty of four thousand, one hundred and eighty-five dollars ($4,185.00); and
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that with this Consent Order of Dismissal that the
issues underlying Administrative Order 01-0887-UST are resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
____________________________________________9-24-2002
Ray N. Stevens, Administrative Law Judge Date
WE CONSENT:
____________________________________________________
W. Michael Duncan, Esquire or designee for Date Whitaker Oil Company, Inc.
____________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control.
2600 Bull Street
Columbia, SC 29201-1708
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