ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Respondent South Carolina Department of Health and Environmental Control ("DHEC" or "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. (2002), and the Regulations
promulgated pursuant thereto, 25A S.C. Code Ann. Regs. 61-92 (Supp. 2001); and
WHEREAS, Petitioner Ken Moorhead Oil, Inc. ("Moorhead") owns 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 Moorhead owns underground storage tanks (USTs) which are located at the following addresses in
Anderson, Anderson County, South Carolina:
1. 1010 Shockley Ferry Road-UST Permit # 00493
2. 1601 North Main Street-UST Permit # 00754
3. 907 Whitehall Road-UST Permit #12320; and
WHEREAS, Petitioner Moorhead is responsible, as the owner of the USTs, for adhering to the SUPERB Act and the rules
and regulations promulgated under the Act; and
WHEREAS, Respondent DHEC issued Administrative Order (AO) 02-1987-UST (Consolidated Order, which included
the following AO numbers: 02-1987-UST, 02-2243-UST, and 02-2181-UST) against Petitioner Moorhead for violations of
the SUPERB Act, S.C. Code Ann. §§ 44-2-10 et seq. (2002), and the regulations promulgated pursuant thereto, 25A S.C.
Code Ann. Regs. 61-92 (Supp. 2001), and ordered, inter alia, Petitioner to pay an assessed civil penalty of six thousand
dollars ($6,000.00) for the above-referenced violations and ordered Petitioner to perform certain activities; and
WHEREAS, Petitioner Moorhead appealed Administrative Order 02-1987-UST pursuant to the Rules of Procedure for the
Administrative Law Judge Division (ALJD) to contest the Department's allegations; and
WHEREAS, Petitioner Moorhead has now complied with Administrative Order 02-1987-UST by correcting the cited
violations; and
WHEREAS, Petitioner Moorhead agrees to withdraw his appeal from the ALJD; and
WHEREAS, in consideration of Petitioner Moorhead's compliance, Respondent DHEC agrees to waive three thousand
dollars ($3,000.00) of the assessed civil penalty of six thousand dollars ($6,000.00); and
WHEREAS, Petitioner Moorhead agrees to pay a reduced civil penalty in the amount of three thousand dollars
($3,000.00).
NOW, THEREFORE, IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioner Moorhead will do the
following:
Pay to Respondent DHEC a reduced assessed civil penalty of $3,000.00, no later than Thursday December 5, 2002.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED that, with this Consent Order of Dismissal, the
issues underlying Administrative Order 02-1987-UST are resolved and this proceeding is hereby DISMISSED.
AND IT IS SO ORDERED.
s/John D. Geathers 12-5-02
John D. Geathers, Administrative Law Judge Date
WE CONSENT:
s/Ken Moorhead 11/15/02
Ken Moorhead Date
for Ken Moorhead Oil, Inc.
s/J. Calhoun Pruitt, Jr. 11-27-02
J. Calhoun Pruitt, Jr. Date
Attorney for Ken Moorhead
Ken Moorhead Oil, Inc.
108 N. Murray Avenue
Anderson, SC 29625
(864) 224-3121
s/Etta R. Williams 11/20/02
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201-1708 |
