ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS the South Carolina Department of Health and Environmental Control
(hereinafter "Department") has regulatory authority over underground storage tanks pursuant to the
State Underground Petroleum Environmental Response Bank (SUPERB) Act, S.C. Code Ann. § 44-2-10 et seq. (Supp. 1997), and the regulations promulgated pursuant thereto, Underground Storage
Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1997); and
WHEREAS Petitioner owns underground storage tanks subject to regulation under the
SUPERB Act and the Underground Storage Tank Control Regulations at a facility known as Po-Boys Convenience Store at 210A Aiken Road, in Aiken County, South Carolina; and
WHEREAS the Department alleges that, in violation of the SUPERB Act and the
Underground Storage Tank Control Regulations, Petitioner failed to permanently close a temporarily
closed underground storage tank system, and failed to pay appropriate fees for annual registration
of underground storage tanks; and
WHEREAS the Department issued Administrative Order 98-0077-UST, seeking Petitioner's
compliance with the SUPERB Act and the Underground Storage Tank Control Regulations; and
WHEREAS, Petitioner appealed the Order, contesting the Department's allegations; and
WHEREAS Petitioner has partially remedied the violations cited in the Order by closing the
underground storage tanks in place in accordance with the Underground Storage Tank Control
Regulations, and has a deadline of November 20, 1998, for submission of the final closure report
detailing the condition of the site;
NOW THEREFORE IT IS ORDERED that, the parties having reached agreement and
consented to the relief set forth herein, Petitioner must, submit a closure report in accordance with
the Underground Storage Tank Control Regulations, S.C. Code Regs. Ann. 61-92, Subpart G (Supp.
1997). If Petitioner fails to submit the closure report by November 20, 1998, Petitioner will be in
violation of this order and will be required to pay a civil penalty of one thousand dollars ($1,000.00),
and must submit the closure report immediately thereafter.
AND IT IS SO ORDERED. WE CONSENT:
__________________________ (10/28/98) ____________________________
Stephen P. Bates Kelly D.H. Lowry
Administrative Law Judge Staff Counsel, SC DHEC
_____________________________
Carthelle Courtney
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