ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Respondent DHEC issued Administrative Order 99-0771-UST against Petitioner Jackson, for
violations of the SUPERB Act, S. C. Code Ann. § 44-2-10 et sea. (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 seven thousand, seven hundred and twenty-two dollars
($7,722.00) for the above-referenced violations; and
WHEREAS, Petitioner Jaskson appealed Administrative Order 99-0771-UST pursuant to the Rules for the Administrative Law Judge Division, contesting the Department's allegations; and
WHEREAS, Petitioner Jackson has now complied with Administrative Order 99-0771-UST by submitting
to Respondent DHEC tank tightness test results dated after the installation of the corrosion protection
system, by submitting the last six (6) months of inventory control records, and by submitting a completed
Certificate of Financial responsibility and proof of mechanism; 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, Petitioner Jackson agrees to dismiss this matter; and
WHEREAS, Respondent DHEC agrees to suspend all of the assessed civil penalty in this matter with the
exception of two thousand dollars ($2,000.00), if and only if, all of the provisions of this Consent Order of
Dismissal are adhered to within the time frames outlined in this Order; and
WHEREAS, the parties to this action agree that Respondent DHEC reserves its right to re-institute the entire
amount of the assessed civil penalty in the amount of seven thousand, seven hundred and twenty-two dollars
($7,722.00) or some portion thereof, if this Consent Order of Dismissal is not fully adhered to within the time
frames outlined in this Order.
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioner Jackson will
submit two (2) separate checks in the amount of one thousand dollars ($1,000.00) each, to Respondent,
DHEC, to fulfill payment of the reduced, assessed civil penalty of two thousand dollars ($2,000.00). Therefore the assessed civil penalty will be paid to DHEC in the following manner: The first one thousand $1,000.00 check should be submitted to DHEC on or before Tuesday, September 25, 2001, and the second $1,000.00 check should be submitted to DHEC on or before Friday, October 26, 2001.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance
of Petitioner Jackson with this Consent Order of Dismissal, that the issues underlying Administrative Order
99-0771-UST are resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
This 30th day of August, 2001
Columbia, South Carolina |
