South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Kinder Morgan Bulk Terminals vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Kinder Morgan Bulk Terminals

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0406-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court