ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to
Dalmatian, Inc.'s Petition for a Contested Case Hearing to challenge Administrative Order 00-29-HW,
issued by the Department on October 9, 2000. By entering into this Consent Order, both parties signify
their recognition of the following: (1) that Dalmatian, Inc. purchased equipment and a portion of its
customer base from P&F Trucking, Inc. in January 2001; (2) that P&F Trucking, Inc. allowed its
hazardous waste transportation permit to lapse on July 20, 1998; (3) that Dalmatian was involved in
three unpermitted trips into the state of South Carolina as a result of its use of trucking equipment
acquired from P&F Trucking; (4) that Dalmatian violated the South Carolina Hazardous Waste
Management Act and the regulations pertaining to hazardous waste transporters found at S.C. Code
Ann. Regs. 61-79.263.10(g) by transporting hazardous waste without a permit. The parties have
resolved all outstanding issues and wish to bring litigation of this matter to a close by entering into the
following agreement.
THEREFORE IT IS ORDERED:
(1) That Dalmatian, Inc. shall pay to the Department a civil penalty in the amount of one thousand five
hundred and no/100 dollars ($1500.00). This penalty shall be payable in two installments. The first
installment payment shall be due on July 19, 2001 and the second payment shall be due on August 19,
2001.
(2) That Dalmatian, Inc. shall comply with all statutes and regulations enacted by the state of South
Carolina which govern the transport and management of hazardous waste within South Carolina.
AND IT IS SO ORDERED.
______________________________________
John D. Geathers
Administrative Law Judge
Columbia, South Carolina
July 2, 2001 |
