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 Darryl Brock and Darryl Brock d/b/a Poor Paul's Fireworks ("Brock") 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 Brock owns underground storage tanks (USTs)
which are located at 275 Bud Arthur Bridge Rd., Cowpens, Spartanburg County, South Carolina, UST Permit # 14880; and
WHEREAS Petitioner Brock 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 01-0021-UST against Petitioner Brock, 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 three thousand,
five hundred and twenty-two dollars ($3,522.00) for the above-referenced violations; and
WHEREAS, Petitioner Brock appealed Administrative Order 01-0021-UST pursuant to the Rules for the Administrative
Law Judge Division, contesting the Department's
allegations; and
WHEREAS, Petitioner Brock now 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) provided Petitioner Brock performs the provisions outlined in the remainder of this Consent
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, five hundred and twenty-two dollars ($3,522.00), 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 Brock will do the
following:
- Notify Respondent DHEC upon the filling of the tanks for testing;
- Submit to DHEC tank and line tightness tests, and line leak detector function check results, within fifteen (15) days of
testing;
- Submit a copy of release detection records monthly for six (6) consecutive months, beginning in February, 2002
through July, 2002. The monthly records are due to DHEC within ten (10) days of the end of each month, with the first
report due no later than Friday, March 8, 2002.
- Submit a completed Certificate of Financial Responsibility and proof of mechanism to the Department no later than Thursday, January 31, 2002.
- Pay to DHEC the reduced assessed civil penalty in the amount of one thousand ($1,000.00) dollars within thirty (30)
days of the effective date of this Consent Order.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance of Petitioner
Brock with this Consent Order of Dismissal, that the issues underlying Administrative Order 01-0021-UST are resolved
and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
____________________________________________________
Ralph King Anderson, III, Administrative Law Judge Date
January 31, 2002
WE CONSENT:
____________________________________________________
Darryl Brock for Date
Darryl Brock and Darryl Brock d/b/a
Poor Paul's Fireworks
____________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control.
2600 Bull Street
Columbia, SC 29201-1708 |