ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Plaintiff, 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. 2002), and the
Regulations promulgated pursuant thereto, 24A S.C. Code Ann. Regs. 61-92 (supp. 2001); and
WHEREAS, Petitioner Jai Singh and Jai Singh d/b/a P & S Service Center ("Singh") owned and operated underground
storage tanks (USTs) 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 Singh owned and operated underground storage tanks (USTs) which were located at P & S Service
Center, 1695 Russell St., Orangeburg, Orangeburg County, South Carolina, UST Permit #18642; and
WHEREAS, Petitioner Singh is responsible, as the former 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 01-0832-UST against Petitioner Singh, for violations of the
SUPERB Act, S.C. Code Ann. § 44-2-10 et seq (Supp. 2002), 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 seven thousand,
one hundred and forty-five dollars ($7145.00) for the above-referenced violations and tank fees totaling one thousand, four
hundred and forty-one dollars ($1441.00); and
WHEREAS, Petitioner Singh appealed Administrative Order 01-0832-UST pursuant to the Rules for the Administrative
Law Judge Division (ALJD), contesting the Department's allegations; and
WHEREAS, Petitioner Singh and Respondent DHEC have now agreed to settle this matter and Petitioner agrees to
withdraw this matter from the Administrative Law Judge Division (ALJD).
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that
- Petitioner Singh will pay to Respondent DHEC one hundred dollars ($100.00) per month until the one thousand, four
hundred and forty-one dollars ($1441.00) in tax fees are paid in full. Payment of the $100.00 will commence thirty (30)
days after the execution of this Order and will continue each month thereafter until the fees are paid in full.
- After Petitioner Singh has paid all of the tank fees owed, Respondent DHEC will pay from the SUPERB Account all
reasonable rehabilitation costs at the P & S Service Center site, UST Permit #18642, up to one million dollars, for the
release reported to DHEC on December 14, 1992, including any release from the waste oil tank;
- Respondent DHEC will waive the civil penalty in this matter of seven thousand, one hundred and forty-five dollars
($7145.00).
IT IS ALSO ORDERED, CONSENTED TO, AND AGREED that the issues underlying Administrative Lorder 01-0832-UST are resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
_______________________________________________________ May 8, 2002
Judge C. Dukes Scott, Administrative Law Judge Division Date
_________________________________________________________________
Jai Singh for Date
Jai Singh and Jai Singh d/b/a P & S Service Center
_________________________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201-1708
|
