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 Carmichael Enterprises, Inc. d/b/a Coastal Oil Company ("Carmichael") owned 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 Carmichael owned underground storage tanks (USTs)
which were located at Raines Grocery, Main Street, Raines, Marion County, South Carolina, UST Permit # 06223; and
WHEREAS Petitioner Carmichael is responsible, as the former 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 01-1071-UST against Petitioner Carmichael, for violations
of the 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 ordered, inter alia, Petitioner to pay an assessed civil penalty of
thirteen thousand, eight hundred and eighty dollars ($13,880.00) for the above-referenced violations; and
WHEREAS, Petitioner Carmichael appealed Administrative Order 01-1071-UST pursuant to the Rules for the
Administrative Law Judge Division, contesting the Department's
allegations; and
WHEREAS, Petitioner Carmichael has now complied with Administrative Order
01-1071-UST; and
WHEREAS, Petitioner Carmichael agrees to dismiss this matter; and
WHEREAS, Respondent DHEC agrees to waive all of the assessed civil penalty in the amount of thirteen thousand, eight
hundred and eighty dollars ($13,880.00). NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that pursuant to this Consent Order of Dismissal, that the issues underlying Administrative Order 01-1071-UST are
resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
____________________________________________________
C. Dukes Scott, Administrative Law Judge Date
WE CONSENT:
____________________________________________________
A. Glenn Green, Jr., Attorney for the Petitioner Date
____________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control.
2600 Bull Street
Columbia, SC 29201-1708
March 14, 2002
Columbia, South Carolina |
