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:
Danny Evans, vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Danny Evans,

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0084-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. § 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 Danny Evans (hereinafter "Evans"), together with Vernon Johnson, who did not appeal the order and is not a party to this proceeding, owned underground storage tanks (UST) subject to the SUPERB Act and the Underground Storage Tank Control Regulations at UST Site ID# 00031, a facility known variously as Shadwick Express, Cherokee Trail, and A.J. Milano's, at 274 E. Savannah Street, Calhoun Falls, S.C.; and

WHEREAS the Department alleges that, in violation of the SUPERB Act and the Underground Storage Tank Control Regulations, Evans failed to properly abandon a temporarily

closed UST system, and failed to pay appropriate fees for annual registration of his UST; and

WHEREAS the Department issued Administrative Order 97-0634-UST, seeking Evans' compliance with the SUPERB Act and the Underground Storage Tank Control Regulations; and

WHEREAS Evans appealed of the Order, contesting the Department's allegations; and

WHEREAS, subsequent to issuance of Administrative Order 97-0634-UST, Evans retained a contractor who removed the tanks from the ground and submitted a partial closure report as required under Sections 280.70(c) and 280.72;

NOW THEREFORE IT IS ORDERED AND AGREED that Evans must:

1. Within thirty (30) days of the date of this order, submit a complete closure report in accordance with the Underground Storage Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1998);

2. Within thirty (30) days of the date of this order, pay three hundred sixty three dollars in past-due annual fees on the underground storage tanks at UST Site ID# 00031; and

3. Pay a civil penalty of one thousand dollars ($1,000.00) in four quarterly installments of two hundred fifty dollars ($250.00), with the first payment being due ninety days after the date of this order, and the remaining payments

due quarterly thereafter.

AND IT IS SO ORDERED. WE CONSENT:

Ralph King Anderson, III Date Kelly D.H. Lowry Date

Administrative Law Judge Staff Counsel, SC DHEC

 

Danny Evans Date

Jackson Petroleum Company, Inc.

 

April 20, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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