ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a Consent Order. This contested case arose
from a denial of coverage by the Respondent, the South Carolina Department of Health and Environmental
Control (DHEC), under the State Underground Petroleum Environmental Response Bank (SUPERB) Act,
S.C. Code Ann. § 44-2-10 et seq. (Supp. 2000).
On December 7, 2000, DHEC notified the Petitioner that a release, which occurred at the Petitioner's service
station, Mustang Service Station, would not be eligible for coverage. The grounds for this determination
were that the Petitioner had not submitted information sufficient for the Department to conclude that the site
was in "substantial compliance," as required by S.C. Code Ann. § 44-2-40 (Supp. 2000).
Subsequent to this determination, the Petitioners submitted information to the Department, which was not
made available previously. Based on this new information, the Department staff has concluded that the
Petitioners were in fact in substantial compliance, or, as the term is defined in the statute, the Petitioner "has
demonstrated a good faith effort to comply with regulations necessary and essential in preventing releases, in
facilitating their early detection, and in mitigating their impact on public health and the environment." S.C.
Code Ann. § 44-2-20(22) (Supp. 2000).
THEREFORE, it is ORDERED that this case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
September 17, 2001
Columbia, South Carolina |
