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 Tony K. Cox and Tony K. Cox d/b/a Al's Country Store ("Cox"), 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, Petitioner Cox owns underground storage tanks (USTs) which are located at 3200 Hwy., 701 S., Loris, Horry
County, South Carolina, Facility ID # 13862; and
WHEREAS Petitioner Cox is responsible, as both 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 00-1106-UST against Petitioner Cox, 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,
four hundred and fifty dollars ($3,450.00) for the above-referenced
violations; and
WHEREAS, Petitioner Cox appealed Administrative Order 00-1106-UST pursuant to the Rules for the Administrative
Law Judge Division, contesting the Department's
allegations; and
WHEREAS, Petitioner Cox has now complied with Administrative Order
00-1106-UST by submitting to Respondent DHEC a Certificate of Financial Responsibility and proof of mechanism; and
WHEREAS, Petitioner Cox 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 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 Petitioner Cox will submit a check,
in the amount of one thousand dollars ($1,000.00), to Respondent DHEC, to fulfill payment of the reduced, assessed civil
penalty on or before Monday, October 15, 2001.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance of Petitioner
Cox with this Consent Order of Dismissal, that the issues underlying Administrative Order 00-1106-UST are resolved and
this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
_______________________________________________09/25/2001
C. Dukes Scott, Administrative Law Judge Date
WE CONSENT:
______________________________________________
Tony K. Cox for Date
Tony K. Cox and Tony K. Cox d/b/a
Al's Country Store
______________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control.
2600 Bull Street
Columbia, SC 29201-1708 |
