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 |