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 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 Bearden Oil Company, Incorporated d/b/a Myrtle Beach Speedway, Horry County ("Bearden")
owns 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 Bearden owns underground storage tanks (USTs) which are located at Hwy. 501, Myrtle Beach,
Horry County, South Carolina, Facility ID #10872; and
WHEREAS, Petitioner Bearden is responsible, as the 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 00-0756-UST against Petitioner Bearden, 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, Petitioner to pay an assessed civil penalty of four
thousand, four hundred and ninety-two dollars ($4,492.00) for the above-referenced violations; and
WHEREAS, Petitioner Bearden appealed Administrative Order 00-756-UST pursuant to the Rules for the Administrative
Law Judge Division, contesting the Department's allegations; and
WHEREAS, Petitioner Bearden has now complied with all of the provisions of Administrative Order 00-0756-UST by
submitting to Respondent DHEC a tank tightness test for the USTs and by submitting proof that the tank system is
monitored monthly for releases; and
WHEREAS, Petitioner Bearden has agreed 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).
NOW THEREFOR IT IS ORDERED, CONSENTED TO AND AGREED that Petitioner Bearden will do the
following:
- submit to Respondent DHEC a check in the amount of one thousand dollars ($1,000.00), to fulfill payment of the
reduced, assessed civil penalty, no later than Wednesday, December 5, 2001.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance of Petitioner
Bearden with this Consent Order of Dismissal, the issues underlying Administrative Order 00-0756-UST are rescinded and
this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
______________________________________________________12-20-01
Carolyn C. Matthews, Administrative Law Judge Date
WE CONSENT:
______________________________________________________12-17-01
L. Wendell Bearden for Date
Bearden Oil Company, Incorporated d/b/a
Myrtle Beach Speedway
______________________________________________________12-18-01
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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