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. 2001), and the
regulations promulgated pursuant thereto, 24A S.C. Code Ann. Regs. 61-92 (Supp. 2001); and
WHEREAS, Petitioner Cliff's Food Stores, Incorporated d/b/a Cliff's Food Store 6 (Cliff's) owns and operates
underground storage tanks as defined in the SUPERB Act, Title 44, Chapter 2 of the South Carolina Code of Laws as
amended; and
WHEREAS, Petitioner Cliff's owns and operates underground storage tanks (USTs) which are located at Cliff's Food
Store 6, 326 W. Hampton Hwy., Olanta, Florence County, South Carolina UST Permit #15180, and
WHEREAS, Petitioner Cliff's 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 01-0534-UST against Petitioner Cliff's, for violations of the
SUPERB Act, S.C. Code Ann. §§ 44-2-21, et seq. (Supp. 2001), and the regulations promulgated pursuant thereto, 24A
S.C. Code Ann. Regs. 61-92 (Supp. 2001), and ordered, inter alia, Petitioner pay an assessed civil penalty of seven
thousand and fifty dollars ($7,050.00) for the above-referenced violations; and
WHEREAS, Petitioner Cliff's appealed Administrative Order 01-0534-UST pursuant to the Rules for the Administrative
Law Judge Division, contesting the Department's allegations; and
WHEREAS, Petitioner Cliff's has now complied with all of the provisions of Administrative Order 01-0534-UST with the
exception of paying the assessed civil penalty; and
WHEREAS, Petitioner Cliff's 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, five hundred dollars ($1,500.00).
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioner Cliff's will do the
following:
1. Submit to Respondent DHEC a check in the amount of one thousand, five hundred dollars ($1,500.00), to fulfill
payment of the reduced, assessed civil penalty, no later than Friday, March 29, 2002; and
2. Submit to Respondent DHEC proof of Financial Responsibility no later that Thursday, March 14, 2002.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance of Petitioner
Cliff's with this Consent Order of Dismissal, that the issues under Administrative Order 01-0534-UST are resolved and this
proceeding is hereby dismissed.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
March 22, 2002
Columbia, South Carolina
WE CONSENT:
_______________________________________________________
R. Cliff Cantey for Cliff's Food Stores, d/b/a Cliff's Food Store 6
March 15, 2002
_______________________________________________________
Etta R. Williams, Esquire, Attorney for SC DHEC
2600 Bull Street
Columbia, South Carolina
March 19, 2002
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