ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, the Respondent is an agency of the State of South Carolina, vested with all the powers, functions, and duties
granted to the Department and its officers and agents by statute, and has regulatory authority over management of hazardous
waste pursuant to the South Carolina Hazardous Waste Management Act (SCDWMA), S.C. Code Ann. § 44-56-10, et seq (Supp. 1999), and the Regulations promulgated pursuant thereto; and
WHEREAS, the Petitioners were part operators of Energy Environmental Oil Service, a used oil recycling operation which
was formerly located in Spartanburg County, South Carolina and generated solid and hazardous wastes; and
WHEREAS, the Petitioners as part operators of Energy Environmental Oil Service, were responsible for the proper
management of those wastes; and
WHEREAS, The Department issued Administrative Order 99-42-HW against the Petitioners for violations of SCHWMA
and ordered, inter alia, Petitioners to pay an assessed civil penalty of Sixty Seven Thousand Five Hundred Dollars
($67,500.00) for the above-referenced violations; and
WHEREAS, the Petitioners timely appealed Administrative Order 99-42-HW pursuant to Reg. 61-79 and the Rules of the
Administrative Law Judge Division, contesting the Department's allegations; and
WHEREAS, during discovery, the Petitioners submitted to the Department documentation which indicated their inability to
pay the aforementioned assessed penalty; and
WHEREAS, after reviewing the documentation the Department concluded that the Petitioners were unable to pay the entire
penalty assessed; and
WHEREAS, the parties to this action have reached an agreement as outlined below that resolves all issues and will dipose of
this case without further proceedings; and
WHEREAS, the Petitioners agree to dismiss the appeal, and the Department agrees to suspend all of the assessed penalty of
$67,500.00, except for three thousand ($3000.00) Dollars due to the Petitioners' inability to pay.
NOW THEREFORE IT IS ORDERED AND AGREED that Petitioners shall pay, within thirty (30) days of the execution of
this consent order, three thousand ($3000.00) Dollars, and shall in the future ensure compliance with all applicable
Hazardous Waste Management Regulations.
IT IS FURTHER ORDERED AND AGREED that the issues underlying Administrative Order 99-42-HW are resolved and
this contested case is hereby dismissed.
AND IT IS SO ORDERED.
___________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
June 8, 2000
Columbia, South Carolina
WE CONSENT:
CAMERON G. BOGGS
Counsel for the Petitioners
JESSICA ORICK KING
Counsel for the Department |
