South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Steve Miller and Steve Miller, d/b/a Miller's Produce and Farm, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Steve Miller and Steve Miller, d/b/a Miller's Produce and Farm, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
01-ALJ-07-0360-CC

APPEARANCES:
n/a
 

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 Steve Miller and Steve Miller d/b/a Miller's Produce and Farm, Inc. ("Miller"), 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 Miller owns underground storage tanks (USTs) which are located at 3660 Hwy 51, Fort Mill, York County, South Carolina, Facility ID # 12165; and

WHEREAS Petitioner Miller 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 99-0983-UST against Petitioner Miller, 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 six thousand, eight hundred and seventy dollars ($6,870.00) for the above-referenced

violations; and

WHEREAS, Petitioner Miller appealed Administrative Order 99-0983-UST pursuant to the Rules for the Administrative Law Judge Division, contesting the Department's

allegations; and

WHEREAS, Petitioner Miller has now complied with Administrative Order

99-0983-UST by submitting to Respondent DHEC line tightness test results and line leak detector function check results; and

WHEREAS, Petitioner Miller 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 six thousand, eight hundred and seventy dollars ($6,870.00), 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 Miller will do the following:

  • submit to Respondent DHEC release detection records since August 21, 2001, which is the date when a tank tightness test was performed, for Facility I.D. # 12165, no later than, Monday, October 22, 2001;
  • submit a Certificate of Financial Responsibility and proof of mechanism for Facility I.D. # 12165, no later than, Monday October 22, 2001; and
  • submit a check, in the amount of two thousand dollars ($2,000.00), to Respondent DHEC, to fulfill payment of the reduced, assessed civil penalty on or before Monday, October 22, 2001.

IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance of Petitioner Miller with this Consent Order of Dismissal, that the issues underlying Administrative Order 99-0983-UST are resolved and this proceeding is hereby dismissed.















AND IT IS SO ORDERED.





____________________________________________10-25-2001

Ray N. Stevens, Administrative Law Judge Date



WE CONSENT:



____________________________________________________

Steve Miller for Date

Steve Miller and Steven Miller d/b/a

Miller's Produce and Farm, Inc.









____________________________________________________

Etta R. Williams Date

Attorney for SC DHEC

South Carolina Department of Health

and Environmental Control.

2600 Bull Street

Columbia, SC 29201-1708

















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