ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS the 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
WHEREAS the Petitioners, Bruce and Sandra Flowers, and Bruce and Sandra Flowers d/b/a Flowers Service Station, Inc.,
are individuals who owned and operated underground storage tanks location at 311 N. Morgan Avenue, Andrews, South
Carolina, 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 the Department issued Administrative Order 99-0574-UST, effective April 13, 2000, to Petitioners for
violations of 25A S.C. Code Ann. Regs. 61-91.280.70(c) and 61-92.280.34(c); and
WHEREAS Petitioners timely appealed Administrative Order 99-0574-UST pursuant to Reg. 61-79 and the Rules for the
Administrative Law Judge Division, contesting the Department's allegations; and
WHEREAS the issues underlying Administrative Order 99-0574-UST have been resolved and will dispose of this case
weithout further proceedings.
IT IS FURTHER ORDERED AND AGREED that the Petitioners, Bruce and Sandra Flowers, have agreed to dismiss their
appeal in this matter and the Department has agreed to seek no further enforcement of Administrative Order 99-0574-UST.
Inasmuch as this case is now moot and should be, and hereby is, DISMISSED.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
Edgar Brown Building
1205 Pendleton Street
Columbia, South Carolina
WE CONSENT:
M. Shawn Harmon
Counsel for Respondent
Bruce Flowers
Petitioner
Sandra Flowers
Petitioner |
