ORDERS:
STIPULATED ORDER OF DISMISSAL
The South Carolina Department of Health and Environmental Control (the
“Department”) and Kinder Morgan Bulk Terminals, Inc. (the “Respondent”), without
admission or adjudication of any issues of fact or law, and upon the consent of the parties
hereto, hereby agree to the terms of this Stipulated Order of Dismissal as follows:
FINDINGS OF FACT
1.Respondent operates a dry bulk materials unloading and loading facility in
Charleston, South Carolina. Respondent is permitted to handle petroleum
coke along with other bulk materials.
2.On or about February 21, 2002, Department personnel visited Respondent’s
facility and saw what they believed to be petroleum coke dust escaping from a
floating boom that was in place around a vessel docked at Respondent’s
facility.
3.On or about August 23, 2002, the Department issued Administrative Order
No. 02-183-W. Respondent, disputing the findings of fact and conclusions of
law in the Administrative Order, timely filed this contested case.
4.The Department and Respondent wish to resolve this dispute without
admission or adjudication of any issues of fact or of law.
NOW, THERFORE, IT IS ORDERED:
1.Promptly upon entry of this Order, Respondent shall pay the Department nine
thousand two hundred fifty dollars ($9,250).
2.Promptly upon entry of this Order, the Department shall withdraw
Administrative Order No. 02-183-W.
3.Within fourteen (14) days from entry of this Order, Respondent and the
Department shall meet in the Department’s Columbia, South Carolina offices
to discuss a technical feasibility evaluation regarding reasonable action that
can be taken to reduce fugitive air emissions from Respondent’s petroleum
coke unloading operations (the “Initial Meeting”). The Initial Meeting shall
include a discussion of specific actions that may or will be the focus of the
technical feasibility evaluation.
4.Within 30 days from the Initial Meeting, Respondent shall submit to the
Department a report of the technical feasibility evaluation (the “Technical
Report”) that addresses and evaluates specific options for reducing fugitive air
emissions from petroleum coke unloading operations at Respondent’s facility
Technical Report. The Technical Report shall include a specific
recommendation to implement at least one of the evaluated options for
reducing fugitive air emissions from petroleum coke unloading operations at
Respondent’s facility, the goal being implementation of feasible technology
that will help prevent material from entering the water (the
“Recommendation”).
5.Within fourteen (14) days from submission of the Technical Report,
Respondent and the Department shall meet for a second time in the
Department’s Columbia, South Carolina offices to discuss the Technical
Report,
the Recommendation and the Department’s approval of the
Recommendation.
6.Respondent shall have thirty (30) days from receipt of the Department’s
written approval of the Recommendation to implement the Recommendation
provided, however, that the Department will allow Respondent additional
time to implement the Recommendation if Respondent makes a written
request for additional time within the thirty (30) day period and such request
is due to circumstances beyond Respondent’s control.
CONSENTED TO:
FOR THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
By: ________________________________________
Date:___________________
FOR KINDER MORGAN BULK TERMINALS, INC.
By:________________________________________
Date:____________________
AND IT IS SO ORDERED.
___________________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: April 3, 2003
Columbia, South Carolina |