ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS the above-captioned matter is a civil action that was filed with the
Administrative Law Court on July 6, 2004, as an appeal of Administrative Order 04-07-HW, which was issued by the Bureau of Land and Waste Management of the South
Carolina Department of Health and Environmental Control (“DHEC”) pursuant to
violations of the South Carolina Hazardous Waste Management Act 44-56-10 et seq.
(2002); and
WHEREAS Respondent South Carolina Department of Health and
Environmental Control (“DHEC”) 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. The Department is charged with the implementation of the South
Carolina Hazardous Waste Management Act and the regulations promulgated pursuant
thereto; and
WHEREAS it was alleged in Administrative Order 04-07-HW that Petitioner,
Stuart’s Oil Service and Carl Stuart (“Stuart”), owned and operated an used oil
transporter located in Spartanburg County, South Carolina and that Petitioner is
responsible for compliance with the applicable laws and regulations requiring proper
management of the used oil waste; and
WHEREAS, the above-captioned matter is before Ray N. Stevens,
Administrative Law Court Judge; and
WHEREAS, both parties have agreed to enter into this Consent Order for
Dismissal and have evidenced that agreement by affixing their signatures onto this
Order; and
WHEREAS, Respondent DHEC has agreed to reduce the civil penalty in this
matter and Petitioner Stuart has agreed to pay to Respondent DHEC the reduced civil
penalty in the amount of fifteen thousand dollars ($15,000.00); and
WHEREAS Petitioner Stuart and Respondent DHEC have agreed to settle
this matter.
NOW THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND
AGREED AS FOLLOWS THAT:
qPetitioner Stuart will pay a reduced civil penalty of fifteen thousand dollars
($15,000.00) to Respondent DHEC, in monthly installments of four hundred
dollars ($400.00) per month, which will begin no later than thirty (30) days after
the execution of this Order, until the penalty is paid in full; and
qPetitioner Stuart will submit to Respondent DHEC, within thirty (30) days of the
execution of this Order, for its review and approval, the procedure by which an
accurate hazardous waste determination shall be made on each shipment of used
oil that is transported by Petitioner Stuart; and
qUpon Respondent DHEC’s review of Petitioner Stuart’s procedure for making an
accurate hazardous waste determination, Respondent will notify Petitioner in
writing of its approval or disapproval of the procedure. If Respondent
disapproves of referenced procedure it will list in writing for the Petitioner
mandatory revisions of the procedure, which Petitioner will implement to
Respondent’s satisfaction. Once mandatory revisions have been implemented,
then Respondent will approve in writing Petitioner’s procedure; and
qIf Petitioner Stuart is found to have violated any of DHEC’s regulations within
three (3) years after the execution of this Order, then Respondent DHEC reserves
the right to reinstate, in addition to the reduced civil penalty of $15,000.00,
another $15,000.00, which is a part of the originally assessed civil penalty, for a
total assessed civil penalty of thirty thousand dollars ($30,000.00); and
qThis Consent Order for Dismissal resolves the issues underlying Administrative
Order 04-07-HW and the above-captioned action is hereby dismissed; however, if
Petitioner Stuart fails to comply with any part of this Consent Order for
Dismissal, Respondent DHEC will seek to hold Petitioner in civil contempt of
Court for its non-compliance with this Order.
IT IS FURTHERED ORDERED, CONSENTED TO, AND AGREED THAT
the above-entitled action is hereby terminated with prejudice.
AND IT IS SO ORDERED.
_______________________________________________3-1-05_
Ray N. Stevens, Administrative Law Court JudgeDate |
