ORDERS:
CONSENT ORDER
Nathan Gamble, Jr., resides at Route 2, Box 256, Lake City, South Carolina in Williamsburg
County (the "Site"). Mr. Gamble, a South Carolina Department of Health and Environmental
Control ("Department") registered waste tire hauler, collected approximately eight thousand
(8,000) tires on the Site.
Findings Of Fact
1. Subsequent to a complaint regarding possible unlawful disposal of waste tires collected from a
tire dealer, Department personnel contacted Mr. Nathan Gamble, Jr., by telephone on October 15,
1993. During the conversation, Mr. Gamble revealed that due to financial and logistical
considerations, he had been storing approximately eight thousand (8,000) waste tires ("Tires")
collected from various tire establishments on his property. Mr. Gamble indicated that when
conditions were more favorable, he planned to dispose of the Tires in the appropriate manner, or
he would return the Tires to the party from whom they originated.
2. On October 25, 1993, Department personnel sent a letter to Mr. Gamble stating the
requirements and conditions that must be met in order to reach compliance with applicable acts
and regulations associated with tire handling and disposal. The requirements included a stipulation
that the Tires must be removed from Mr. Gamble's property by December 30, 1993.
Documentation of proper disposal of the Tires was to be sent to the Department.
3. On January 31, 1994, the Department received a letter from Mr. Gamble detailing a schedule
for proper disposal of the Tires located on his property. The stated completion date for final
disposal of the Tires was May 15, 1994.
4. In a March 25, 1994 letter from Department personnel, Mr. Gamble was reminded of his
failure to comply with the requirements and conditions of the Department's October 25, 1993
letter to Mr. Gamble. Mr. Gamble was further reminded of his obligation under the Waste Tire
Regulation, R.61-107.3. Mr. Gamble was given until April 8, 1994, to provide proof of on-going
waste tire removal from his property or face the possibility of future enforcement action by the
Department.
5. On April 26, 1994, the Department received correspondence from Mr. Gamble, including
copies of receipts dated February 28 and March 29, 1994, from Tire Disposal Service for a total
of two thousand one hundred ten (2,110) tires.
6. In a June 15, 1994 letter from Department personnel, Mr. Gamble was reminded that he had
failed to meet deadlines for documented waste tire removal and disposal as established by himself
and the Department. An extended deadline for completion of the waste tire removal and proper
disposal was set for July 15, 1994, or Mr. Gamble would face possible enforcement action by the
Department. The July 15, 1994, date passed without Mr. Gamble reaching compliance.
7. On October 14, 1994, Mr. Gamble received a Notice of Violation and Enforcement
Conference from the Department, which scheduled a conference for October 27, 1994. Mr.
Gamble did not attend the conference nor did he request a postponement.
8. During the months following the scheduled Notice of Violation and Enforcement Conference,
numerous attempts were made to facilitate proper disposal of the Tires and reach agreement on a
Consent Order. Mr. Gamble was unwilling to sustain serious negotiations toward resolution of the
issues.
9. On June 17, 1995, Mr. Gamble received a letter from Department personnel informing him
that he would be given ten (10) days to resolve the issues addressed in the draft Consent Order or
face the possibility of having an administrative order issued without Mr. Gamble's consent.
10. On August 2, 1995, Department personnel visited with Mr. Gamble at the Tire Site. Avenues
for achieving compliance were again discussed, as well as the results of a failure to comply.
11. On August 22, 1995, a letter giving ten (10) additional days to resolve the aforementioned
compliance issues in the Consent Order was sent to Mr. Gamble via certified mail. That letter
came back unclaimed. The same letter was hand-delivered to Mr. Gamble in late September of
1995.
12. On November 14, 1995, Department personnel visited the Tire Site. Mr. Gamble was not
present, and Department representatives left a note for Mr. Gamble informing him that the
Department would likely move ahead with an Administrative Order after the end of November of
1995 if he failed to resolve the compliance issues.
13. Approximately six thousand (6,000) of the Tires remain on the Site.
14. Administrative Order 95-50-SW was issued to Mr. Gamble on December 20, 1995. Mr.
Gamble did not accept certified mail delivery; therefore, the Administrative Order was
hand-delivered to Mr. Gamble on March 26. 1996.
15. Department representatives met with Mr. Gamble on May 31, 1996, and discussed a possible
settlement. An agreement was reached in principle that Mr. Gamble would be given until July 31,
1996, to chop and dispose of the Tires, in consideration of which the civil penalty would be
reduced or suspended entirely. Mr. Gamble has been unable to fulfill the agreement and none of
the Tires has been disposed of.
16. Waste Tire Grant Trust Funds are available pursuant to S.C. Code Ann. § 44-96-120(B)(4)
(Supp. 1995) and S.C. Code Ann. Regs. 61-107.1(K) and (L) (Supp. 1995), and can be used to
chop and dispose of the Tires on the Site. The Department will conditionally attempt to facilitate
disposal of the Tires with Waste Tire Grant Trust Funds. In an effort to resolve the issues in this
case, the Department and Mr. Gamble enter into this Consent Order.
Conclusions Of Law
Mr. Nathan Gamble, Jr., engaged in the unlawful collection and disposal of waste tires on an
unpermitted site. Thus, Mr. Gamble has violated the following:
1. Pollution Control Act, S. C. Code Ann. § 48-1-90 (a) (Supp. 1995) in that,
"It shall be unlawful for any person directly or indirectly, to throw, drain, run, allow to seep
or otherwise discharge into the environment of the State organic or inorganic matter,
including sewage, industrial wastes and other wastes, except as in compliance with a permit
issued by the Department."
2. Solid Waste Policy and Management Act of 1991, S.C. Code Ann. § 44-96-170 (G)(1) (Supp.
1995) in that,
. . . no person shall maintain a waste tire collection site unless such site is an integral part of
the person's permitted waste tire treatment facility or that person has entered into a contract
with a permitted waste tire treatment facility for the disposal of waste tires, " and (G)(2), in
that,
". . . no person shall knowingly dispose of waste tires in this State," unless the waste tires
are disposed of at a permitted site or facility.
3. Waste Tire Regulation, 61-107.3 Section E (1) in that,
't. . . no person shall operate a waste tire collection site, processing facility, or disposal site,
unless the site is permitted in accordance with this regulation. "
NOW, THEREFORE IT IS ORDERED that Nathan Gamble, Jr., pursuant to the Pollution
Control Act, S.C. Code Ann. § 48-1-50, 48-1-330, and the South Carolina Solid Waste Policy
and Management Act, § 44-95-170 (Supp. 1995), shall comply with the following:
1. Immediately, upon the effective date of this fully executed Order, cease all illegal waste tire
disposal activities in the State of South Carolina.
2. Prior to any future disposal of solid waste in South Carolina, obtain a permit from the
Department to operate a waste disposal facility, or dispose of such waste in an off-site permitted
landfill designed for such disposal. Furthermore, Mr. Gamble shall ensure that illegal waste tire
disposal activities do not occur on property under his ownership or control.
3. Within thirty (30) days of notification of approval of Waste Tire Grant Funds to remove and
dispose of the Tires on the Site, pay the first installment of a civil penalty to the Department of
one thousand dollars ($1,000.00). In no case shall initial payment be due prior to forty-five (45)
days of this fully executed Order. Within sixty (60) days pay a second installment of five hundred
dollars ($500.00), and within ninety (90) days pay a final installment of five hundred dollars
($500.00), for a total civil penalty of two thousand dollars ($2,000.00).
Conditioned upon Mr. Gamble's payment in full of the aforementioned civil penalty and upon his
compliance with all other requirements of this Order, Administrative Order 95-50-SW shall
immediately become null and void. If Waste Tire Grant Trust Funds cannot be secured for the
aforementioned tire cleanup, or if Mr. Gamble fails to pay the civil penalty as defined,
Administrative Order 95-50-SW shall become effective and be enforceable, subject to appeal of
that Order by Mr. Gamble.
IT IS ORDERED that failure to meet deadlines established herein or any other violation of the
provisions of this Order shall be deemed a violation of the South Carolina Solid Waste Policy and
Management Act of 1991 and the Pollution Control Act and therefore shall be deemed unlawful.
Upon ascertaining any such violation, the Department may initiate action to obtain compliance
with both this Order and the Acts.
IT IS FURTHER ORDERED that this action is hereby dismissed without prejudice.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 7th day of August, 1996
Columbia, South Carolina
WE CONSENT:
______________________________
NATHAN GAMBLE, JR.
DATE: August 2, 1996
______________________________
NANCY S. LAYMAN
South Carolina Department of Health and
Environmental Control
DATE: July 31, 1996 |
