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, Margaret Skipper and Margaret Skipper d/b/a Skipper's Service Center ("Skipper"), 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 Skipper owns and operates underground storage tanks (USTs) which are located at 1917 Savannah
Hwy., Charleston, Charleston County, South Carolina, Facility ID # 10469; and
WHEREAS, Petitioner Skipper is responsible, as the 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 00-0437-UST against Petitioner Skipper 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 seven thousand
and fifty dollars ($7,050.00) for the above-referenced violations; and
WHEREAS, Petitioner Skipper, contesting the Department's allegations, appealed Administrative Order 00-0437-UST
pursuant to the Rules for the Administrative Law Judge Division; and
WHEREAS, Petitioner Skipper has now complied with all of the provisions of Administrative Order 00-0437-UST by
correcting all of the violations cited within the Order and by submitting proof to Respondent DHEC of such corrections;
and
WHEREAS, Petitioner Skipper 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).
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioner Skipper will do the
following:
Submit to Respondent DHEC a check in the amount of two thousand dollars ($2,000.00)
to fulfill payment of the reduced, assessed civil penalty, no later than Monday, January 28, 2002.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED that, pursuant to the full compliance of Petitioner
Skipper with this Consent Order of Dismissal, the issues underlying Administrative Order 00-0437-UST are resolved and
this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
s/John D. Geathers 1/24/02
John D. Geathers Date
Administrative Law Judge
WE CONSENT:
s/Margaret Skipper 12/24/2001
Margaret Skipper for Date
Margaret Skipper and Margaret Skipper d/b/a
Skipper's Service Center
s/Etta R. Williams 1/22/02
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201-1708 |
