South Carolina
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Pee Dee Oil Co., and Pee Dee Oil Co. d/b/a Jimmy Carter's vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Pee Dee Oil Co., and Pee Dee Oil Co. d/b/a Jimmy Carter's

Respondent:
South Carolina Department of Health and Environmental Control

DOCKET NUMBER:
98-ALJ-07-0651-CC

APPEARANCES:
n/a

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. § 442-10 ~ (Supp. 1998), and the regulations promulgated pursuant thereto, Underground Storage Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1998); and

WHEREAS, Pee Dee Oil Company (hereinafter "Pee Dee Oil") owns underground storage tanks subject to the SUPERB Act and the Underground Storage Tank Control Regulations at a facility known as Jimmy Carter's on the intersection of S.C. Hwy. 38 and Interstate 95 in Dillon County, South Carolina; and

WHEREAS, the Department alleges that, in violation of the SUPERB Act and the Underground Storage Tank Control Regulations, Pee Dee Oil failed to provide an adequate release detection method for the underground storage tanks at the facility, including tank and line tightness test results and inventory control logs; and

WHEREAS, the Department issued Administrative Order 97-0636-UST, seeking Pee Dee's

compliance with the SUPERB Act and the Underground Storage Tank Control Regulations; and

WHEREAS, Pee Dee Oil appealed of the Order, contesting the Department's allegations, thereby giving this Court jurisdiction of the matter; and

WHEREAS, Pee Dee Oil has removed the underground storage tanks from the ground and performed proper closure and assessment, and release detection is no longer required;

NOW THEREFORE IT IS ORDERED AND AGREED that Pee Dee Oil must, within thirty (30) days of the date of this Order, pay a civil penalty of one thousand dollars ($1,000.00).

IT IS FURTHER ORDERED AND AGREED that the issues underlying Administrative

Order 97-0636-UST are resolved, and this contested case proceeding is hereby dismissed.

AND IT IS SO ORDERED.

John D. Geathers

Administrative Law Judge

WE CONSENT:

Kelly D. H. Lowry, Esquire

Staff Counsel, SC DHEC