ORDERS:
WHEREAS, the South Carolina Department of Health and Environmental Control
(hereinafter "Department") has regulatory authority over underground storage tanks pursuant to the
State Underground Petroleum Environmental Response Bank (SUPERB) Act, S.C. Code Ann.§ 44-2-10 et seq. (Supp. 1997), and the regulations promulgated pursuant thereto, Underground Storage
Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1997); and
WHEREAS, Jackson Petroleum Company, Inc., (hereinafter "Jackson") owns underground
storage tanks subject to the SUPERB Act and the Underground Storage Tank Control Regulations
at a facility known as Shop-n-Fill #35 at the intersection of Pisgah and Five Notch Roads in Aiken
County, South Carolina; and
WHEREAS, the Departmenet alleges that, in violation of the SUPERB Act and the
Underground Storage Tank Control Regulations, Jackson failed to provide an adequate release
detection method for the months of June 1997 through October 1997, failed to perform an initial site
check after a suspected release was reported, introduced petroleum into an underground storage tank
system that was not properly registered, and failed to pay appropriate fees for annual registration of
underground storage tanks; and
WHEREAS, the Department issued Administrative Order 98-0001-UST, seeking Jackson's
compliance with the Underground Storage Tank Control Regulations; and
WHEREAS, Jackson appealed the Order, contesting the Department's allegations;
NOW THEREFORE, IT IS ORDERED AND AGREED that, without admission of any
allegation or adjudication of the issues, Jackson must complete the following within thirty (30) days
of the date of this Order:
1. Perform an initial site check in accordance with the Underground Storage
Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1997), and
submit a copy of the site assessment report to the Department:
2. Obtain a valid registration decal under the State Underground Petroleum
Environmental Response Bank (SUPERB) Act, S.C. Code Ann. § 44-2-60
(Supp. 1997); and
3. Pay a civil penalty of two thousand dollars ($2,000.00).
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
November 10, 1998
Columbia, South Carolina
WE CONSENT:
Kelly D. H. Lowry
Staff Counsel, SC DHEC
William C. Jackson, III
Jackson Petroleum Company, Inc. |
