ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS the South Carolina Department of Health and Environmental Control (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 Gough Oil Company (Gough), owns underground storage tanks at multiple locations in Chester County, as
defined in the SUPERB Act, which are subject to the SUPERB Act and the Underground Storage Tank Control
Regulations. These USTs are located at UST Site ID 02097, a facility known as Davis' 66 at 126 Columbia Street, South
Carolina, UST Site ID 02101, a facility known as Express Lane 1 at 173 Saluda Street, Chester, South Carolina; UST Site
ID 10623, a facility known as Express Lane #3, at 782 Pickney Road, Chester, South Carolina; and UST Site ID 12916, a
facility known as Express Lane #5, at 133 Columbia Street, Chester, South Carolina; and
WHEREAS the Department alleges that, in violation of the SUPERB Act and the Underground Storage Tank Control
Regulations, Gough failed, pursuant to R.61-92, Section 280.40(a), to provide an adequate release detection method;
pursuant to R.61-92, Section 280.52 (b), to conduct an initial site check; pursuant to R.61-92, Section 280.70(b), to comply
with temporary closure requirements; and R.61-92, Section 280.93(a), to demonstrate financial responsibility; and
WHEREAS the Department issued Administrative Order 98-0418-UST seeking Gough's compliance with the SUPERB Act
and the Underground Storage Tank Control Regulations and assessing a civil penalty of $19,579.00; and
WHEREAS Gough appealed the Administrative Order, contesting the Department's allegations; and
WHEREAS subsequent to issuance and appeal of Administrative Order 98-0418-UST, Gough has sufficiently complied
with all of the alleged violated regulations contained within the Administrative Order;
NOW THEREFORE IT IS ORDERED AND AGREED that Gough must, wihin thirty (30) days of the date of this
Order, pay a reduced civil penalty of Two Thousand ($2000.00) Dollars.
IT IS FURTHER ORDERED AND AGREED that this case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
CAROLYN C. MATTHEWS
ADMINISTRATIVE LAW JUDGE
WE CONSENT:
_______________________________
JESSICA J.O. KING, ESQUIRE
SCDHEC
______________________________
MARY B. GOUGH
PRESIDENT, GOUGH OIL COMPANY
January 26, 2000
COLUMBIA, SOUTH CAROLINA |
