ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Petitioner's request
for a contested case hearing to challenge Administrative Order 01-148-W, issued by the South Carolina Department of
Health and Environmental Control on June 14, 2001. Prior to a hearing being held in the Division, the Department of
Health and Environmental Control and Moorhead Oil Company, Inc., executed Consent Order 01-244-W, attached and
incorporated herein, which resolved all outstanding issues related to this matter and which, pursuant to the wishes of the
parties, brings litigation of this case to a close.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this contested case be dismissed with
prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
November 27, 2001
Columbia, South Carolina
s/Mason A. Summers 11/9/01
Mason A. Summers, Esq. Date
Office of General Counsel
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201-1708
(803) 898-3349
Attorney for Respondent DHEC
s/J. Michael Turner 11/14/01
J. Michael Turner, Esq. Date
Turner, Able & Burney, LLP
P.O. Box 668
Laurens, SC 29360
(864) 984-5451
Attorney for Petitioner
THE STATE OF SOUTH CAROLINA
BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
IN RE: MOREHEAD OIL COMPANY, INC.
NEWBERRY COUNTY
CONSENT ORDER
01-244-W
Morehead Oil Company, Inc. (Respondent) owns and is responsible for the former BP Oil Terminal (Site), located in
Newberry County, South Carolina.
This Consent Order is entered into by the South Carolina Department of Health and Environmental Control (Department)
and the Respondent with respect to the assessment and remediation of the Site.
In accordance with approved procedures and based upon discussions with the Respondent during a meeting on October 18,
2001, the parties have agreed to the issuance of this Order to include the following Findings of Fact and Conclusions of
Law.
FINDINGS OF FACT
1. On July 13, 1995, approximately three thousand two hundred (3200) gallons of gasoline were released at the Site, when a
valve was left open after off-loading a tanker truck. The above-ground storage tanks (ASTs) from which the release
occurred are owned by Morehead Oil Company, Inc.
2. On July 14, 1995, the Respondent contacted a construction company to perform emergency clean up at the Site.
Approximately five hundred twenty-five (525) gallons of gasoline were recovered.
3. In a letter to the Respondent, dated July 21, 1995, the Department requested that the Respondent submit an
assessment/groundwater monitoring plan within forty five (45) days of its receipt of the request.
4. On August 14, 1995, the Respondent submitted to the Department an assessment plan that included performing hand-auger borings at the Site.
5. On September 27, 1995, the Respondent submitted to the Department a preliminary assessment report, which
documented benzene at a concentration of two hundred thirty parts per billion (230 ppb) in the groundwater at the Site.
6. In a letter to the Respondent, dated October 16, 1995, the Department requested that two (2) copies of a proposed soil
remediation plan be submitted within forty five (45) days of the Respondent's receipt of the letter.
7. On December 1, 1995, the Respondent submitted to the Department a corrective action plan (CAP) that recommended
biological soil remediation by application of a bio-surfactant.
8. In a letter to the Respondent, dated February 2, 1996, the Department approved the CAP and requested using a filtered
and purified enzymatic extract that did not contain actual micro-organisms. The Department also requested that
implementation of the CAP be initiated upon the Respondent's receipt of the letter. To date, this has not been done.
9. In a registered letter to the Respondent, dated March 11, 1997, the Department requested that an assessment plan be
submitted by May 10, 1997. A review of Department files has not revealed a reply.
10. In registered letters to the Respondent, dated September 10, 1997, and August 23, 1998, the Department reiterated that
an assessment plan be submitted. Both letters were returned to
the Department unclaimed.
11. On January 30, 2001, the Department sent a Notice of Enforcement Conference/Notice of Violation (NOEC/NOV)
letter to the Respondent via registered mail. On February 21, 2001, the registered letter was returned unclaimed.
12. On April 24, 2001, the Department served the Respondent a NOEC/NOV which required the Respondent to
attend an Enforcement Conference on May 3, 2001. The NOEC/NOV stated that failure to attend the scheduled
conference would likely result in the issuance of an Administrative Order. The Respondent did not attend the scheduled
conference.
13. The Respondent has stated that it is willing to implement a plan to achieve compliance with applicable surface water
and groundwater quality standards.
14. The Department and the Respondent are entering into this Order to facilitate the implementation of the Respondent's
remediation plan.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Department reaches the following Conclusions of Law:
1. The Respondent violated the Pollution Control Act, S.C. Code Ann. § 48-1-90(a) (1987), in that it discharged
hydrocarbons into the environment not in compliance with a permit issued by the Department.
2. The Respondent violated the South Carolina Water Classifications and Standards, 25 S.C. Code Ann. Regs.61-68 H.9
(Supp. 2000), in that groundwater quality at the Site has not been maintained in accordance with Class GB standards.
3. The Respondent violated the South Carolina Water Classifications and Standards, 25 S.C. Code Ann. Regs.61-68 G.8
(Supp. 2000), in that surface water quality at the Site has not been maintained in accordance with Freshwater standards.
4. The Pollution Control Act, S.C. Code Ann. § 48-1-330 (1987), provides for a civil penalty not to exceed ten thousand
dollars ($10,000.00) per day of violation for any person violating the Act or any rule, regulation, permit, permit condition,
final determination, or order of the Department.
NOW, THEREFORE, IT IS ORDERED, CONSENTED TO AND AGREED, pursuant to the Pollution Control Act,
S.C. Code Ann. § 48-1-50 (1987) and § 48-1-100 (Supp.2000), that the Respondent Morehead Oil Company, Inc. shall:
1. Within sixty (60) days of the execution date of this Agreement, submit to the Department a Site Assessment Plan, with a
schedule to fully define the horizontal and vertical extent of contamination across the entire Site, including the areas
potentially impacted by off-site migration and/or discharge into surface waters. The Site Assessment Plan can be proposed
in a phased approach. The schedule, upon Department approval, shall be incorporated into and become an enforceable part
of this Agreement.
2. Within sixty (60) days of the completion of the Site Assessment activities, submit to the Department a Final Assessment
Report. All groundwater analysis shall be conducted by a
laboratory certified by the State of South Carolina and all reports shall be stamped by a State certified professional
geologist or professional engineer. A routine groundwater monitoring schedule is to be proposed by the Respondent at this
time. The schedule, upon Department approval, shall be incorporated into and become an enforceable part of this
Agreement.
3. Within sixty (60) days of the submittal of the Final Assessment Report, submit to the Department a corrective action
plan (CAP) to address the presence of hydrocarbons. The CAP shall include a means by which to address on-site sources of
contaminants contributing to these impacts. The CAP shall also include a schedule for implementation. The schedule, upon
Department approval, shall be incorporated into and become an enforceable part of this Agreement.
4. Upon approval by the Department, implement the CAP in accordance with the approved schedule.
5. Upon implementation of the CAP, develop, implement and submit to the Department a monitoring program for the
future monitoring at the Site to evaluate the effectiveness of the remediation system and to verify completion of the CAP.
6. By mutual agreement, the sampling locations, sampling frequency and analytical parameters specified in this Agreement
can be modified in writing after an adequate reference database has been established.
7. Monitoring shall continue until Class GB groundwater standards and/or South Carolina Interim Drinking Water
Standards are achieved for two (2) consecutive sampling events at least six (6) months apart under natural hydrogeological
conditions.
8. This Order does not release the Respondent from any future liability as to other types
of contaminants not addressed by this Order which may be discovered to be present in the aquifers beneath this Site. This
Order does not release the Respondent from liability pertaining to any future discharge or future introduction of additional
contaminants onto the surface or into the subsurface environment.
THE PARTIES FURTHER STIPULATE that the Respondent shall pay a penalty in the amount of five thousand dollars
($5,000.00) should it fail to comply with any requirement established pursuant to this Order, including any
implementation schedule approved by the Department. All penalties due under this paragraph shall be made payable to the
South Carolina Department of Health and Environmental Control. All penalties, including those due and payable in the
event of the Respondent's failure to comply with this Consent Order shall be in addition to any other remedies or sanctions
which may be available to the Department by reason of the Respondent's failure to comply with the requirements of this
Order.
PURSUANT TO THIS ORDER, all requirements to be submitted to the Department shall be addressed as follows:
Karen L. Ramos
Bureau of Water - Water Pollution Enforcement Section
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
The Respondent shall confirm, in writing, completion of Order requirements to the above address within five (5) days of
completion.
IT IS FURTHER AGREED that if any event occurs which causes or may cause a delay in meeting any of the above
scheduled dates for completion of any specified activity, notify the Department in writing at least one (1) week before the
scheduled date, describing in detail the anticipated length of the delay, the precise cause or causes of delay, if ascertainable,
the measures taken or to be taken to prevent or minimize the delay, and the timetable by which those measures will be
implemented.
The Department shall provide written notice as soon as practicable that a specified extension of time has been granted or
that no extension has been granted. An extension shall be granted for any scheduled activity delayed by an event of force
majeure, which shall mean any event arising from causes beyond the control of the Respondent that causes a delay in or
prevents the performance of any of the conditions under this Consent Order including, but not limited to: a) acts of God,
fire, war, insurrection, civil disturbance, explosion; b) adverse weather condition that could not be reasonably anticipated
causing unusual delay in transportation and/or field work activities; c) restraint by court order or order of public authority;
d) inability to obtain, after exercise of reasonable diligence and timely submittal of all applicable applications, any
necessary authorizations, approvals, permits, or licenses due to action or inaction of any governmental agency or authority;
and e) delays caused by compliance with applicable statutes or regulations governing contracting, procurement or
acquisition procedures, despite the exercise of reasonable diligence by the Respondent.
Events which are not force majeure include by example, but are not limited to, unanticipated or increased costs of
performance, changed economic circumstances, normal precipitation events, or any person's failure to exercise due
diligence in obtaining governmental permits or fulfilling contractual duties. Such determination will be made in the sole
discretion of the Department. Any extension shall be incorporated by reference as an enforceable part of this Consent
Order and thereafter be referred to as an attachment to the Consent Order.
Upon receipt of any submission required under this Order, the Department shall expeditiously review and notify the
Respondent whether the submission is approved. If the submission is unacceptable the notification will specify the reasons
why approval cannot be granted. The Respondent shall submit a revised report within thirty (30) days of receipt of written
notification of disapproval by the Department or within a reasonable additional period of time as may be requested by the
Respondent and agreed to in writing by the Department. Upon Department approval of submittals and schedules
contemplated by this Order, such submittals and schedules shall become an enforceable part of this Order.
IT IS FURTHER ORDERED AND AGREED that failure to comply with any provision of this Order shall be grounds
for further enforcement action pursuant to the Pollution Control Act, S.C. Code Ann. § 48-1-330 (1987), as amended, to
include the assessment of civil penalties.
THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
s/C. Earl Hunter DATE:11/21/01
C. Earl Hunter,
Commissioner
s/Alton C. Boozer DATE:11/19/01
Alton C. Boozer, Chief
Bureau of Water
WE CONSENT:
s/James R. Lipscomb DATE:11/17/01
Morehead Oil Company, Inc.
s/Mason A. Summers DATE:11/9/01
Attorney for Department
s/Valerie A. Betterton DATE:11/19/01
Valerie A. Betterton, Director
Water Enforcement Division |
