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, Harry Kenneth Rollins and Harry Kenneth Rollins d/b/a Rollins Grocery, owns and operates
underground storage tanks as defined in the SUPERB Act which are located at the Highway 151 East, Jefferson,
Chesterfield 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. 61-92.280.21(a)&(b), by failing to protect underground storage tank systems from corrosion,
25A S.C. Code Ann. Regs. 61-92.280.40(a), by failing to provide an adequate release detection method, 25A S.C. Code
Ann. Regs. 61-92.280.93(a) by failing to demonstrate financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation
of its underground storage tanks, 25A S.C. Code Ann. Regs. 61-92.280.34(b), by failing to keep records relating to
corrosion protection and release detection, and 25A S.C. Code Ann. Regs. 61-92.280.34(c) by failing to provide records
relating to corrosion protection and release detection upon request by the Department; and
WHEREAS, the Department issued Administrative Order 99-0684-UST citing the provisions of the SUPERB Act violated
by the Petitioner and ordering Petitioner to comply with all provisions of the SUPERB Act and the Underground Storage
Tank Control Regulations; and to perform certain other activities, including the payment of a civil penalty in the amount of
nine thousand two hundred and seventy two ($9,272.00) dollars; and
WHEREAS, Petitioner has fully complied Administrative Order 99-0684-UST and has agreed to pay a reduced penalty,
pursuant to an agreement with the Department, in the amount of two thousand ($2,000.00) dollars; and
WHEREAS, the parties to this action agree that Petitioner has fully complied with the Administrative Order and that
Petitioner has agreed to pay a civil penalty in the amount of $2,000.00 within 30 days of the date of this Order; and
WHEREAS, the parties have agreed to dispose of this case without further proceedings;
NOW THEREFORE IT IS ORDERED AND AGREED that the issues underlying Administrative Order 00-0684-UST
are resolved and this contested case proceeding is hereby dismissed.
AND IT IS SO ORDERED.
__________________________________ ________________________________
Ralph K. Anderson, III Date
Administrative Law Judge |
