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 |