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. (1976), and the Regulations promulgated pursuant thereto, 24A S.C. Code Ann.
Regs. 61-92 (Supp. 1998); and
WHEREAS, Defendant, Joan Spradley, Individually and Joan Spradley d/b/a Midland Valley Convenience Store ("Spradley")
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, Defendant Spradley owned and operated underground storage tanks (USTs)
which are located at 2009 Augusta Rd., Warrenville, Aiken County, South Carolina,
UST Permit # 15912; and
WHEREAS Defendant Spradley 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, Plaintiff DHEC issued Administrative Order 02-1462-UST against Defendant Spradley, for violations of the SUPERB
Act, S. C. Code Ann.§ 44-2-10 et seq. (1976), and the regulations promulgated pursuant thereto, 24A S.C. Code Ann. Regs. 61-92
(Supp. 1998), and ordered, inter alia, Defendant to pay an assessed civil penalty of four thousand, eight hundred and eighty-four
dollars ($4,884.00) for the above-referenced violations and ordered Defendant to perform certain activities; and
WHEREAS, Defendant Spradley appealed Administrative Order 02-1462-UST pursuant to the Rules for the Administrative Law
Judge Division (ALJD), contesting the Department's allegations; and
WHEREAS, Defendant Spradley has now complied with certain provisions of Administrative Order 02-1462-UST by submitting to
Plaintiff DHEC the Closure Report for the USTs at the site and by paying to Plaintiff the past due annual tank registration fees in the
amount of $484.00; and
WHEREAS, Defendant Spradley agrees to withdraw her appeal from the Administrative Law Judge Division; and
WHEREAS, in consideration of Defendant Spradley's compliance, Plaintiff DHEC agrees to waive the assessed civil penalty of
($4,884.00); and
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that with this Consent Order of Dismissal that the
issues underlying Administrative Order 02-1462-UST are resolved and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
_________________________________________10-17-2002
Ray N. Stevens, Administrative Law Judge Date
WE CONSENT:
____________________________________________________
Joan Spradley for Date Joan Spradley, Individually and Joan Spradley
d/b/a Midland Valley Convenience Store
____________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control.
2600 Bull Street
Columbia, SC 29201-1708
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