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, Petitioners Steven M. Smith and Steven M. Smith d/b/a Highway 11 Grocery ("Smith"), owns
and operates underground storage tanks as defined in the State Underground Petroleum Environmental
Response Bank (SUPERB) Act, Title 44, Chapter 2 of the South Carolina Code of Laws as amended; and
WHEREAS, Petitioners Smith owns underground storage tanks (USTs) which are located at 13527 N. Hwy.
11, Salem, Oconee County, South Carolina, Facility ID # 03439; and
WHEREAS, Petitioners Smith are responsible, as owner of the USTs, for adhering to the SUPERB Act and
rules and regulations promulgated under the Act; and
WHEREAS, Respondent DHEC issued Administrative Order 99-0786-UST against Petitioners Smith, 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. Code Ann. Regs. 61-92 (Supp. 2000), and ordered, inter alia,
Petitioners to pay an assessed civil penalty of three thousand four hundred and fifty dollars ($3,450.00) for the
above referenced violations; and
WHEREAS, Petitioners Smith appealed Administrative Order 99-0786-UST pursuant to the Rules for the
Administrative Law Judge Division, contesting the Department's allegations; and
WHEREAS, Petitioners Smith have not complied with Administrative Order 99-0786-UST by providing
Respondent DHEC with 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, Respondent DHEC agrees to dismiss this matter and to suspend all of the assessed penalty in
this matter with the exception of one thousand dollars ($1,000.00), 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 three thousand, four hundred and fifty dollars
($3,450.00), 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 Petitioners Smith
will submit to two separate checks in the amount of five hundred dollars ($500.00) to Respondent DHEC,
for the assessed civil penalty, no later than the dates set forth. The first $500.00 check should be submitted on or before Friday, August 31, 2001 and the second $500.00 check should be submitted on or before Tuesday, October 30, 2001.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance
of Petitioners Smith with this Consent Order of Dismissal, that the issues underlying Administrative Order
99-0786-UST are resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
Ray N. Stevens
Administrative Law Judge
This 22nd day of August, 2001
Columbia, South Carolina |
