ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Sammy
Coley, Coley, Inc. and Coley, Inc. d/b/a Center Express #3's Petition for a Contested Case Hearing to
challenge Administrative Order 99-0989-UST, issued by the Department on September 26, 2000. By
entering into this Consent Order, both parties signify their recognition of the following: (1) that Petitioners
own and operate underground storage tanks (USTs) located at 11278 Garners Ferry Road, Eastover, South
Carolina; (2) that Petitioners failed to provide an adequate release detection method for the USTs, failed to
protect the UST systems from corrosion, and failed to report a suspected release; (3) that Petitioners failed to
demonstrate to the Department 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 his
USTs; (4) that Petitioners failed to provide records to the Department upon request; (5) that the Department
issued AO 99-0989-UST to the Petitioners for the above-cited violations of the South Carolina
Environmental Response Bank Act § 44-2-10 et seq. (Supp. 2000), and the regulations pertaining to
underground storage tanks found at 25A S.C. Code Ann. Regs. 61-92.280, as amended. 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 Petitioners shall pay to the Department a civil penalty in the amount of two thousand five hundred
and no/100 dollars ($2500.00) within thirty days of the date of this Order.
(2) That Petitioners shall comply with all statutes and regulations enacted by the state of South Carolina
which govern the management of underground storage tanks.
AND IT IS SO ORDERED.
___________________________________
JOHN D. GEATHERS
Administrative Law Judge
July 30, 2001
Columbia, South Carolina |
