ORDERS:
CONSENT ORDER OF DISMISSAL
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 Stanley K. Blackmon and Stanley K. Blackmon d/b/a Blackmon's Mini Mart
(hereinafter "Blackmon's) owns underground storage tanks subject to the SUPERB Act and the
Underground Storage Tank Control Regulations at a facility known as Blackmon's Mini Mart, 7673
Camden-Kershaw Highway, Lancaster County, South Carolina, UST Site ID # 14024; and
WHEREAS the Department alleges that, in violation of the SUPERB Act and the
Underground Storage Tank Control Regulations, Blackmon failed to properly close a temporarily
closed underground storage tank system; and
WHEREAS theDepartment issued Administrative Order 98-0109-UST, seeking Blackmon's
compliance with the Underground Storage Tank Control Regulations and assessing a penalty of
three thousand four hundred fifty ($3,450); and
WHEREAS Blackmon appealed of the Order, contesting the Department's allegations;
NOW THEREFORE IT IS ORDERED AND AGREED that Blackmon must upgrade or
properly close the entire underground storage tank system at Blackmon's Mini Mart, 7673 Camden-Kershaw Highway, Lancaster County, South Carolina, in accordance with the Underground Storage
Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1997). The civil penalty of three
thousand four hundred fifty ($3,450) assessed in AO 98-0109-UST is hereby suspended in full;
provided, however, if Blackmon fails to abide by the terms of this order, the suspension of the
penalty is lifted and Blackmon shall immediately pay the entire penalty three thousand four hundred
fifty ($3,450).
AND IT IS SO ORDERED. WE CONSENT:
____________________________ _____________________________
Stephen Bates Date: 12/3/98 Kelly D. H. Lowry Date
Administrative Law Judge Staff Counsel, SC DHEC
_____________________________
Stanley Blackmon Date |
