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.
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Ralph King Anderson, Administrative Law Judge Date |