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:
L&T Enterprises of Lancaster, Inc.; Tony Parker, member of the Board of Directors of L&T Enterprises of Lancaster, Inc.; Leonard D. Lucas, member of the Board of Directors of L&T Enterprises of Lancaster, Inc.; Tony Parker, individually, and Leonard D. Lucas, individually vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
L&T Enterprises of Lancaster, Inc.; Tony Parker, member of the Board of Directors of L&T Enterprises of Lancaster, Inc.; Leonard D. Lucas, member of the Board of Directors of L&T Enterprises of Lancaster, Inc.; Tony Parker, individually, and Leonard D. Lucas, individually

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
03-ALJ-07-0371-CC

APPEARANCES:
Joshua Snow Kendrick
Attorney for Petitioners

Etta R. Williams
Attorney for Respondent
 

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, Petitioners, L&T Enterprises of Lancaster, Inc., et. al. (“L&T’), owned and operated underground storage tanks (USTs) as defined in the SUPERB Act, Title 44, Chapter 2 of the South Carolina Code of Laws as amended; and

WHEREAS, Petitioner L&T owned underground storage tanks (USTs), which were located at Route 9, Camp Creek Road, Lancaster, Lancaster County, South Carolina, UST Permit

# 05508; and

WHEREAS, Petitioner L&T is responsible, as the former owner and operator of 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) 01-0889-UST against Petitioner L&T, 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 eighty-five dollars ($4,385.00); and

WHEREAS, Petitioner L&T appealed the referenced AO on July 10, 2003, pursuant to the Rules for the Administrative Law Judge Division (ALJD); and

WHEREAS, Petitioner L&T has now complied with the AO by submitting the Initial Groundwater Assessment Report on September 5, 2003; and

WHEREAS, Respondent DHEC has agreed to waive the assessed civil penalty of $4,385.00 in return for Petitioner L&T agreeing to perform any and all assessment work requested by Respondent up to twenty-five thousand dollars ($25,000.00) SUPERB deductible limit; and

NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that with this Consent Order of Dismissal, the issues underlying Administrative Order 01-0889-UST are resolved and this proceeding is hereby dismissed; however, if Petitioner L&T 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 $4,385.00 and will seek to hold Petitioner L&T in civil contempt of Court for its non-compliance with this Consent Order.

AND IT IS SO ORDERED.





____________________________________________________

Ralph King Anderson, Administrative Law Judge Date


Brown Bldg.

 

 

 

 

 

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