ORDERS:
ORDER
STATEMENT OF THE CASE
This matter is before this tribunal pursuant to S.C. Code Ann. § § 1-23-310 et seq. and
S.C. Code Ann. § § 44-2-10 et seq. The petitioner appeals the South Carolina Health and
Environmental Control's (hereinafter "DHEC" or the "Department") issuance of Administrative
Order 96-0333-UST on April 30, 1997. In this Order, DHEC cited petitioner for violations of
S.C. Code Ann. § 44-2-60 (Supp. 1996) and S.C. Code Ann. Regs. 61-92, Section
280.70(c)(1996). Specifically, DHEC contends that petitioner violated these statutory and
regulatory provisions by failing to properly close an underground storage tank system after
twelve months of nonuse and failing to pay annual registration fees to the Bureau of
Underground Storage Tank Management. The Department originally imposed a fine of $4,650
and past due registration fees of $1,720. The fine was reduced by the Department to $1,000. A
hearing was held at the Administrative Law Judge Division on August 27, 1997.
This tribunal concludes that petitioner violated the aforementioned statutory and
regulatory provisions.
FINDINGS OF FACT
Having carefully considered all testimony, exhibits, and arguments presented at the
hearing of this matter, and taking into account the credibility and accuracy of the evidence, I
make the following findings of fact by a preponderance of the evidence:
1. On April 30, 1997, the Department issued Administrative Order 96-0333-UST to
petitioner for violations of S.C. Code Ann. § 44-2-60 (Supp. 1996) and S.C. Code Ann. Regs. 61-92, Section 280.70(c)(Supp. 1996).
2. On September 12, 1988, petitioner purchased two 1000 gallon underground
petroleum storage tanks at Bethea's Grocery, 15-401 Bypass, Bennettsville, South Carolina, from Jackson Oil Company, Inc. See Respondent's Exhibit #1. At the time of purchase, the tanks were not in use and have not been subsequently used.
3. During a routine inspection of Bethea's Grocery on June 13, 1995,
a DHEC inspector found that the underground tanks at the site did not have
fuel dispensers. The tanks possessed one fill pipe with no lid, one vent
pipe, and a detectable gas odor. The inspector also noted the presence of liquid,
which appeared to be contaminated water, in the tanks.
4. Petitioner has not registered the tanks with the Department nor has he paid an
initial registration fee or annual renewal fee for the tanks. See Respondent's Exhibit #2.
CONCLUSIONS OF LAW
Based upon the foregoing findings of fact, I conclude, as matter of law, the following:
1. The Department is charged with administering the provisions of the State
Underground Petroleum Environmental Response Bank Act of 1988 ("SUPERB Act"). S.C. Code Ann. § 44-2-50 (Supp. 1996).
2. Section 44-2-60(A) (Supp. 1996) provides in pertinent part:
The owner or operator of an underground storage tank which
stores or is intended to store petroleum or petroleum products shall
register the tank with the department. The owner or operator
of the tank shall display a registration certificate listing all
registered tanks at a facility and in plain view in the office or
the kiosk of the facility where the tanks are registered. Upon
application for a registration certificate, the owner or operator
shall pay to the department an initial registration fee of one
hundred dollars a tank and an annual renewal fee of one
hundred dollars a tank a year. (emphasis added)
3. Regs. 61-92, Section 280.70(c) (Supp. 1996) provides that owners must permanently close substandard underground storage tanks at the end of twelve months.
4. Regs. 61-92, Section 280.71(b) (Supp. 1996) provides that "to permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently must also be either removed from the ground or filled with an inert solid material."
5. Petitioner meets the definition of "owner" of an underground storage
tank, as provided in § 44-2-20(12) (Supp. 1996).
6. Section 44-2-140 (Supp. 1996) authorizes the Department to impose penalties for violations of the provisions of the SUPERB Act.
ANALYSIS
Petitioner is the owner of two underground storage tanks located at Bethea's Grocery, 15-401 Bypass, Bennettsville, South Carolina. He has neither registered the tanks nor paid the
requisite fees since his ownership of them in 1988, as required by law. Furthermore, the tanks
have been out-of-service for several years and have not been permanently closed pursuant to the
applicable regulations. Petitioner is, therefore, responsible for the registration fees that have
accrued since his ownership of the tanks. Also, he is subject to the penalty imposed by the
Department for noncompliance with the SUPERB Act.
ORDER
Based upon the findings of fact and conclusions of law, it is hereby ORDERED:
1. That, within ninety (90) days from the date of this order, Cledies Bethea shall pay all past-due and current registration fees under the SUPERB Act, S.C. Code Ann. § 44-2-60 (Supp. 1996), in the amount of $1,920.00;
2. That, within ninety (90) days from the date of this order, Cledies Bethea shall conduct proper closure and assessment of the underground storage tank system located at Bethea's Grocery, 15-401 Bypass, Bennettsville, South Carolina, in accordance with all applicable provisions of the SUPERB Act, S.C. Code Ann. § § 44-2-10 et seq. (Supp. 1996), and the Underground Storage Tank Control Regulations, S.C. Code Ann. Regs. 61-92 (Supp.1996); and,
3. That, within ninety (90) days from the date of this order, Cledies Bethea shall pay a reduced penalty of $1,000.00 to the Department for non-compliance with the aforementioned statutory and regulatory provisions.
AND IT IS SO ORDERED.
JOHN D. GEATHERS
Administrative Law Judge
P.O. Box 11667
Columbia, SC 29211-1667
September 15, 1997
Columbia, South Carolina |
