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. 1998), and the regulations promulgated pursuant thereto,
Underground Storage Tank Control Regulations, S.C. Code Regs. Ann. 61-92 (Supp. 1998); and
WHEREAS Frederick McCrowey, and Frederick McCrowey d/b/a Adam's Grocery (hereinafter "McCrowey") owns
underground storage tanks subject to the SUPERB Act and the Underground Storage Tank Control Regulations at a facility
known as Adam's Grocery, 603 Pond Street, Rock Hill, York County, South Carolina, UST Site ID # 09385; and
WHEREAS the Department alleges that, in violation of the SUPERB Act and the Underground Storage Tank Control
Regulations, McCrowey failed to properly close a temporarily closed underground storage tank system, failed to
demonstrate Financial Responsibility, and failed to pay annual registration fees for fiscal years 1998 and 1999; and
WHEREAS theDepartment issued Administrative Order 98-0103-UST, seeking McCrowey's compliance with the SUPERB
Act and Underground Storage Tank Control Regulations, assessing a penalty of eleven thousand nine hundred dollars
($11,900.00) and requiring payment of annual registration fees in the amount of four thousand four hundred eight dollars
($4,408); and
WHEREAS McCrowey appealed of the Order, contesting the Department's allegations and requesting a contested case
hearing;
NOW THEREFORE IT IS ORDERED AND AGREED that McCrowey must, within one hundred eighty (180) days of the
date of this order:
(a) properly close the underground storage tank system at Adam's Grocery, 603 Pond Street, Rock Hill, York County,
South Carolina, UST Site ID # 09385, in accordance with the Underground Storage Tank Control Regulations, S.C. Code
Regs. Ann. 61-92, Subpart G (Supp. 1998), to include submission of a closure report; and
(b) submit a fully executed Financial Responsibility Certificate in accordance with the Underground Storage Tank Control
Regulations, S.C. Code Regs. Ann. 61-92, Subpart H (Supp. 1998).
IT IS FURTHER ORDERED AND AGREED THAT the Department's assessment of annual registration fees in the amount
of four thousand four hundred eight dollars ($4,408) is affirmed. The parties have agreed that the Department will accept a
lien on the property known as 603 Pond Street, Rock Hill, York County, South Carolina, in lieu of full payment, with all
proper recording of such lien to be completed by McCrowery at his cost within one hundred eighty (180) days of the date of
this order. The civil penalty of eleven thousand nine hundred dollars ($11,900.00) assessed in AO 98-0103-UST is hereby
suspended in full; provided, however, if McCrowey fails to abide by the terms of this order, the suspension of the penalty is
lifted and McCrowey shall immediately pay the entire penalty of eleven thousand nine hundred dollars ($11,900.00).
AND IT IS SO ORDERED.
___________________________
Ralph King Anderson, III
Administrative Law Judge
WE CONSENT:
___________________________
Ann McCrowey Mickle
Counsel for Petitioner
___________________________
Kelly D. H. Lowry
Staff Counsel for Respondent
Columbia, S.C. |
