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:
Jimmy Lee Strickland vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Jimmy Lee Strickland and Jimmy Lee Strickland, d/b/a Davis Exxon, Dillon County

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
01-ALJ-07-0061-CC

APPEARANCES:
Jimmy Lee Strickland for
Jimmy Lee Strickland and Jimmy Lee Strickland
d/b/a Davis Exxon, Dillon County

Etta R. Williams
Staff Attorney
South Carolina Department of Health
and Environmental Control
Office of General Counsel
2600 Bull Street
Columbia, SC 29201-1708
 

ORDERS:

CONSENT ORDER OF DISMISSAL

WHEREAS, Respondent, the South Carolina Department of Health and Environmental Control ("DHEC" or "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 the State Underground Petroleum Environmental Response Bank (SUPERB) Act, S. C. Code Ann. § 44-2-10 et seq. (Supp. 2000), and the Regulations promulgated pursuant thereto, 24A S.C. Code Ann. Regs. 61-92 (Supp. 2000); and

WHEREAS, Petitioner Jimmy Lee Strickland is an individual and sole proprietor of a business known as Davis Exxon; and

WHEREAS, Petitioners, Jimmy Lee Strickland and Jimmy Lee Strickland, d/b/a Davis Exxon, Dillon County (Strickland) owns and operates underground storage tanks as defined in the SUPERB Act and are located at Davis Exxon 201, Highway 301 north, Dillon, Dillon County, South Carolina; and

WHEREAS Petitioner Strickland is responsible as the owner and operator of the USTs for adhering to the SUPERB Act and rules and regulations promulgated under the Act; and

WHEREAS, Respondent DHEC issued Administrative Order 00-0449-UST against Petitioners Strickland for violations of the SUPERB Act, S. C. Code Ann. § 44-2-10 et seq. (Supp. 2000), and the regulations promulgated pursuant thereto, 24A S.C. Code Ann. Regs. 61-92 (Supp. 2000), and ordered, inter alia, Petitioners to pay an assessed civil penalty of three thousand, one hundred and sixty-two dollars ($3,162.00) for the above-referenced violations; and WHEREAS Petitioner Strickland requested a contested case hearing concerning this matter and also requested relief of the civil penalty assessed in Administrative Order

00-0449-UST; and

WHEREAS Respondent DHEC filed a prehearing statement with the Administrative Law Judge Division on February 28, 2001 seeking enforcement of Administrative Order 00-0449-UST; and

WHEREAS 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; and

WHEREAS Petitioners Strickland have provided to Respondent DHEC proof of compliance with number 2 of the section of Administrative Order 00-0449-UST which begins "NOW, THEREFORE, IT IS HEREBY ORDERED . . ."; and

WHEREAS Petitioners Strickland have provided proof that tanks 6 and 7 are being monitored monthly for releases, Respondent DHEC agrees to dismiss this matter and to suspend all of the assessed penalty except five hundred dollars ($500.00).



NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioners Strickland will pay to Respondent DHEC five hundred dollars ($500.00), in lieu of the assessed civil penalty of three thousand, one hundred and sixty-two dollars ($3,162.00) as outlined in Administrative Order 00-0449-UST, no later than Monday, June 4, 2001.

IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED that pursuant to the compliance of Petitioners Strickland with this Consent Order of Dismissal, that the issues underlying Administrative Order 00-0449-UST are resolved and this proceeding is hereby dismissed.

AND IT IS SO ORDERED.



May 30, 2001



______________________________________________

Judge Carolyn C. Matthews Date

Administrative Law Judge Division


Brown Bldg.

 

 

 

 

 

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