ORDERS:
CONSENT ORDER AND AGREEMENT
FINDINGS OF FACT
1. The South Carolina Department of Health and Environmental Control ("DHEC") issued
registrations to Island Tan to operate tanning facilities located at 806 Pavillion Avenue, Columbia,
South Carolina (40-2180) and at 519 Meeting Street, West Columbia, South Carolina (32-2271).
Catherine Carmichael is the registered owner of the two Island Tan facilities.
2. On March 8, 1995, an administrative order was issued as a result of Island Tan's alleged failure
to comply with State of South Carolina Rules and Regulations for Radiation Control, Regulation
Number 61.106 Tanning Facilities. The order stated numerous enforcement actions against Island
Tan, to include payment of a civil penalty of $5,000.00, immediate correction of all violations, and
written notification of all corrective action.
3. On April 12, 1995, DHEC received Island Tan's request for an administrative adjudicatory
hearing which was filed with the State of South Carolina Administrative Law Judge Division on
April 19, 1996.
4. On May 16, 1995, representatives of Island Tan and DHEC met to review the administrative
order and the summary of cited violations. Upon review and consideration of the information,
Island Tan and DHEC agreed to a settlement of the present matter, subject to the conditions set
forth in this agreement.
THEREFORE IT IS AGREED
1. That Island Tan shall pay the civil penalty of $5,000 to DHEC according to the following
payment terms:
a. $1,000.00 due no later than May 19, 1995;
b. $2,000.00 due no later than July 1, 1995;
c. $2,000.00 due no later than August 19, 1995.
2. That DHEC shall reinstate the registrations of Island Tan's two tanning facilities upon receipt of
Island Tan's initial payment of $1,000.00 on May 19, 1995.
3. That Island Tan shall take the necessary steps to correct any existing violations and to provide
DHEC with written notification of all corrective action no later than May 29, 1995.
4. That Island Tan shall withdraw its notice of appeal and petition for an adjudicatory hearing
before the South Carolina Administrative Law Judge Division.
5. It is further agreed that future or repeat violations of this Order, or applicable statutes or
regulations by Island Tan may result in the imposition of penalties or revocation of the
registrations by DHEC to operate Island Tan, and Catherine Carmichael has been so informed.
AND IT IS SO ORDERED
APPROVED: Judge Ray N. Stevens
Administrative Law Judge |
