ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Respondent, the South Carolina Department of Health and Environmental Control, ("DHEC" or "the 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 is charged with the implementation of the State Underground Petroleum Environmental Response Bank
(SUPERB) Act, Title 44, Chapter 2 of the South Carolina Code of Laws as amended; and
WHEREAS, the Petitioner, Duncan Oil Company, Inc., and Duncan Oil Company, Inc., d/b/a Party World, owns and operates
underground storage tanks as defined in the SUPERB Act which are located at 1307 E. Main Street, Rock Hill, York County, South
Carolina; and
WHEREAS, the Department alleges that Petitioner violated several regulations contained in the SUPERB Act, specifically 25A S.C.
Code Ann. Regs. 61-92.280.93(a), by failing to demonstrate financial responsisbility, and 25A S.C. Code Ann. Regs. 61-92.280.110(c), in failing to submit financial responsibility documentation the Department upon request; and
WHEREAS, the Department issued Administrative Order 99-0403-UST citing the provisions of the SUPERB Act violated by the
Petitioner and ordering Petitioner to: 1.) Comply with all provisions of the SUPERB Act and the Underground Storage Tank Control
Regulations; 2.) Submit Certificate of Financial Responsibility and proof of mechanism; amd 3.) Pay a civil penalty of $2,700.00; and
WHEREAS, Petitioner has fully complied with Administrative Order 99-0403-UST and has paid a reduced penalty, pursuant to an
agreement with the Department, in the amount of one thousand Twelve hundred ($1,200.00) dollars; and
WHEREAS, the parties to this action agree that Petitioner has fully complied with the Administrative Order and that Petitioner has
paid the agreed upon civil penalty of $1,200.00; and
WHEREAS, the parties have agreed to dispose of othis case without further proceedings;
NOW THEREFORE, IT IS ORDERED AND AGREED that the issues underlying Administrative Order 00-0403-UST are resolved
and this contested case proceeding is hereby dismissed.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
November 7th, 2000
Columbia, South Carolina
WE CONSENT:
11-2-00 10-31-00 M. Shawn Harmon Date Karen D. Morris
Date
Counsel for Respondent Pro se Petitioner |
