ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS, Respondent, South Carolina Department of Health and Environmental
Control (ADHEC@ or Athe Department@), 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, and has regulatory authority over management of the State Underground Petroleum
Environmental Response Bank (SUPERB) Act, S. C. Code Ann. ' 44-2-10 et. seq. (2002), and
the Regulations promulgated pursuant thereto, 25A S.C. Code Ann. Regs. 61-92
(Supp. 2001); and
WHEREAS, Petitioner, Randall D. Spivey, Individually, and Randall D. Spivey d/b/a
Third Base Lounge (“Spivey”), owned underground storage tanks (USTs) as defined in the State
Underground Petroleum Environmental Response Bank (SUPERB) Act, Title 44, Chapter 2 of
the South Carolina Code of Laws as amended; and
WHEREAS, Petitioner Spivey owned underground storage tanks (USTs), which were
located at Route 4, Box 434, Loris, Horry County, South Carolina, UST Permit
# 16798; and
WHEREAS, Petitioner Spivey is responsible, as the former owner the referenced USTs,
for adhering to the SUPERB Act and rules and regulations promulgated under the Act; and
WHEREAS, Respondent DHEC issued Administrative Order (AO) 03-4222-UST
against Petitioner Spivey, for violations of the SUPERB Act, S. C. Code Ann. ' 44-2-10 et seq.
(2002), and the regulations promulgated pursuant thereto, 25A S.C. Code Ann. Regs. 61-92
(Supp. 2001), and ordered, inter alia, Petitioner to submit to Respondent DHEC, within 30 days,
an Initial Ground Water Assessment Report and to pay a civil penalty of four thousand, three
hundred and ninety-five dollars ($4,395.00); and
WHEREAS, Petitioner Spivey appealed the referenced AO on October 14, 2003,
pursuant to the Rules for the Administrative Law Judge Division (ALJD); and
WHEREAS, Petitioner Spivey has now complied with the AO by submitting the Initial
Groundwater Assessment Report; and
WHEREAS, Respondent DHEC has agreed to waive the assessed civil penalty of
$4,395.00 in return for Petitioner Spivey agreeing to pay the past due registration fees in the
amount of one thousand, nine hundred and twenty-six dollars ($1,926.00); and
WHEREAS, Petitioner Spivey has paid to Respondent DHEC on November 26, 2003
five hundred dollars ($500.00) towards the past due registration fees and agrees to pay the
remainder of the fees pursuant to the following schedule:
Two hundred dollars ($200.00) per month on the fifth (5th) day of each month, beginning
on January 5, 2004, and continuing thereafter on the same date of each month until the
referenced fees are pain in full.
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that
with this Consent Order of Dismissal, the issues underlying Administrative Order 03-4222-UST
are resolved and this proceeding is hereby dismissed; however, if Petitioner Smith fails to comply
with any part of this Consent Order of Dismissal, Respondent DHEC reserves the right to
reinstate fully the assessed civil penalty of $4,395.00 and will seek to hold Petitioner Spivey in
civil contempt of Court for his non-compliance with this Consent Order.
AND IT IS SO ORDERED.
___________________________________________12/30/03
Ray N. Stevens, Administrative Law JudgeDate |
