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:
Darryl Brock and Darryl Brock d/b/a Poor Paul's Fireworks vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Darryl Brock and Darryl Brock d/b/a Poor Paul's Fireworks

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
01-ALJ-07-0465-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 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


Brown Bldg.

 

 

 

 

 

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