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:
Stuart Oil Service et al. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Stuart Oil Service and Mr. Carl Stuart, Spartanburg County, South Carolina

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0401-CC

APPEARANCES:
Moffat G. McDonald
Counsel for Petitioners Mr. Carl Stuart and Stuart's
Oil Service, Spartanburg, South Carolina

Jessica J. O. King
Counsel for Respondent South Carolina
Department of Health & Environmental Control
 

ORDERS:

CONSENT ORDER OF DISMISSAL

STATEMENT OF FACTS



1. Respondent, the South Carolina Department of Health and Environmental Control (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 has regulatory authority over management of used oil, solid and hazardous waste, pursuant to the South Carolina Solid Waste Policy and Management Act of 1991 (hereinafter ASWPMA@), S.C. Code Ann. '44-96-10 et seq. (Supp. 1999), the South Carolina Hazardous Waste Management Act (hereinafter ASCHWMA@), S.C. Code Ann. '44-56-10, et seq. (Supp. 1999), and the regulations promulgated pursuant thereto, 25 S.C. Code Ann. Regs. 61-79 (Supp. 1999).

2. Petitioners, Mr. Carl Stuart and Stuart Oil Service, Spartanburg County (Stuarts), are transporters of used oil. Petitioners pick up and transport used oil from used oil generators, store the used oil at Stuarts= transfer facility, remanifest the used oil, and ultimately sell the used oil to be burned for energy recovery.

3. As used oil transporters, Stuarts are required by the South Carolina Solid Waste Management Used Oil Regulation, 25A S.C. Code Reg. 61-107.279 (Supp. 1999), promulgated pursuant to the SWPMA, S.C. Code Ann. ' 44-96-160(X)(Supp. 1999), to determine whether the total halogen content of used oil that they transport or store at their transfer facility is above or below 1,000 ppm to ensure that the used oil is not hazardous waste.

4. The Department issued Administrative Order 00-14-HW against Stuarts for failure to conduct the test for total halogen content and, specifically, for violations of the SCHWMA, S.C. Code Ann. '44-56-130(2)(Supp. 1999), and South Carolina Hazardous Waste Management Regulation, 25 S.C. Code Ann. Reg. 61-79.262.11, Reg. 61-79.262.12(c), Reg. 61-79.262.20(a), and Reg. 61-79.270.1(b)(Supp. 1999), promulgated pursuant to the SCHWMA, S.C. Code Ann. '44-56-30 (Supp. 1999).

5. The Department and Stuarts entered into Consent Order 99-27-HW, SW/99-13-SW, HW in July of 1999, for violations of the SCHWMA, the SWPMA, and the regulations promulgated pursuant thereto, that were similar to those cited in Administrative Order 00-14-HW, including failure to test for total halogen content and failure to make accurate hazardous waste determinations.

6. In Consent Order 99-27-HW, SW/99-13-SW, HW, Petitioner Stuart Oil Service agreed, inter alia, to ensure compliance in the future with all applicable solid and hazardous waste management regulations including, but not limited to, determining the total halogen content of used oil being transported or stored and maintain records of such determinations.

7. In Administrative Order 00-14-HW, the Department ordered Stuarts, inter alia, to immediately and in the future ensure compliance with 25 S.C. Code Ann. Regs. 61-79.279.44 (Supp. 1999) by determining whether the total halogen content of used oil being transported by Stuarts or stored at Stuarts= transfer facility is above or below 1,000 ppm; to make accurate hazardous waste determinations on all solid wastes; and to pay a civil penalty of twenty five thousand dollars ($ 25,000.00) for the above-referenced violations.

8. Petitioners appealed Administrative Order 00-14-HW pursuant to Reg. 61-79 and the Rules for the Administrative Law Judge Division, contesting the Department=s allegations.

CONCLUSIONS

1. The parties to this action have reached an agreement as outlined below that resolves all issues and will dispose of this case without further proceedings.

2. Petitioners agree to dismiss the appeal and to now and in the future comply with 25 S.C. Code Ann. Regs. 61-79.279.44 (Supp. 1999) and the SWPMA by determining whether the total halogen content of all used oil being transported by Stuarts or stored at Stuarts= transfer facility is above or below 1,000 ppm and to make accurate hazardous waste determinations on all solid wastes.

3. The Department agrees to suspend all except for four thousand dollars ($4,000.00) of the assessed penalty of twenty-five thousand dollars ($25,000.00), due to the Petitioners= financial situation.



ORDER

NOW THEREFORE IT IS ORDERED AND AGREED that Petitioners, Mr. Carl Stuart and Stuart Oil Service, shall:

(1) pay to the Department four thousand dollars ($4,000.00) of the twenty five thousand dollar ($ 25,000) civil penalty assessed by the Department in twelve (12) monthly installments. Stuarts shall pay the Department the first installment of $337.00 by February 15, 2001, and pay each of the remaining eleven (11) installments of $333.00 to the Department by the 15th of each consecutive month thereafter;

(2) immediately and in the future ensure compliance with 25 S.C. Code Ann. Regs. 61-79.279.44 (Supp. 1999) and the SWPMA by determining whether the total halogen content of all used oil being transported by Stuarts or stored at Stuarts' transfer facility is above or below 1,000 ppm and maintain these records as required; and

(3) make accurate hazardous waste determinations on all solid wastes transported and stored at the transfer facility.

IT IS FURTHER ORDERED AND AGREED that the Department shall suspend all but four thousand dollars ($4,000.00) of the $25,000.00 civil penalty assessed against the Petitioners, but that the remainder will come due immediately if in the future the Petitioners fail to comply with 25 S.C. Code Ann. Regs. 61-79.279.44 (Supp. 1999) and the SWPMA, as amended, or fail to make accurate hazardous waste determinations on solid wastes transported or stored by Stuarts.

IT IS FURTHER ORDERED AND AGREED that the issues underlying Administrative Order 00-14-HW are resolved and this contested case is hereby

dismissed with prejudice.

AND IT IS SO ORDERED.



_______________________________________________2-1-01

The Honorable John D. Geathers Date

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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