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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