SUMMARY SHEET BOARD of HEALTH and ENVIRONMENTAL CONTROL March 7, 2019 ___ACTION/DECISION X INFORMATION 1. TITLE: Admin

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SUMMARY SHEET BOARD of HEALTH and ENVIRONMENTAL CONTROL March 7, 2019 ___ACTION/DECISION X INFORMATION 1. TITLE: Admin SUMMARY SHEET BOARD OF HEALTH AND ENVIRONMENTAL CONTROL March 7, 2019 _______ ACTION/DECISION X INFORMATION 1. TITLE: Administrative and Consent Orders issued by the Office of Environmental Affairs. 2. SUBJECT: Administrative and Consent Orders issued by the Office of Environmental Affairs during the period November 1, 2018 through January 31, 2019. 3. FACTS: For the period of November 1, 2018 through January 31, 2019, the Office of Environmental Affairs issued three hundred eleven (311) Consent Orders with total assessed civil penalties in the amount of five hundred forty-three thousand, seven hundred eighty-five dollars $543,785.00. One (1) Consent Agreement was issued during the reporting period. Five (5) Administrative Orders were issued during the reporting period with total assessed civil penalties in the amount of thirty-four thousand, eight hundred twenty-five dollars $34,825.00. Bureau and Administrative Assessed Consent Consent Assessed Program Area Orders Penalties Agreements Orders Penalties Land and Waste Management UST Program 1 $21,450.00 0 8 $12,160.00 Aboveground Tanks 0 0 0 0 0 Solid Waste 1 $7,875.00 0 4 $8,900.00 Hazardous Waste 0 0 0 5 $88,180.00 Infectious Waste 0 0 0 0 0 Mining 0 0 0 0 0 SUBTOTAL 2 $29,325.00 0 17 $109,240.00 Water Recreational Water 1 $1,000.00 0 91 $119,500.00 Drinking Water 0 0 0 10 $32,100.00 Water Pollution 0 0 0 7 $33,620.00 Dam Safety 0 0 1 0 0 SUBTOTAL 1 $1,000.00 1 108 $185,220.00 Air Quality SUBTOTAL 1 $1,500.00 0 11 $80,350.00 Environmental Health Services Food Safety 1 $3,000.00 0 172 $168,175.00 Onsite Wastewater 0 0 0 3 $500.00 SUBTOTAL 1 $3,000.00 0 175 $168,975.00 OCRM SUBTOTAL 0 0 0 0 0 TOTAL 5 $34,825.00 1 311 $543,785.00 Submitted by: _____________________________ Myra C. Reece Director of Environmental Affairs ENVIRONMENTAL AFFAIRS ENFORCEMENT REPORT BOARD OF HEALTH AND ENVIRONMENTAL CONTROL March 7, 2019 BUREAU OF LAND AND WASTE MANAGEMENT Underground Storage Tank Enforcement 1) Order Type and Number: Administrative Order 18-0291-UST Order Date: December 17, 2018 Individual/Entity: Cynthia W. Simpson Facility: Former Tyler Wingate Location: 737 East Seven Pines Road Hartsville, SC Mailing Address: 10 Sunnybrooke Lane Stafford, VA 22554 County: Darlington Previous Orders: None Permit/ID Number: 09573 Violations Cited: The State Underground Petroleum Environmental Response Bank Act of 1988 (SUPERB Act), S.C. code Ann. § 44- 2-60(A) (2002 and Supp. 2016); and South Carolina Underground Storage Tank Control Regulation, 7 S.C. Code Ann. Regs. 61-92.280.70(c), 280.93(a), and 280.110(c) (2017). Summary: Cynthia W. Simpson (Individual/Entity), owns underground storage tanks located in Hartsville, South Carolina. On November 5, 2018, the Department issued a Notice of Alleged Violation/Notice of Enforcement Conference because the USTs had been temporarily out of service for more than twelve (12) months and did not meet corrosion protection standards; there was no financial assurance documentation on file with the Department; and, annual underground storage tank registration fees had not been paid. The Individual/Entity has violated the SUPERB Act and the South Carolina Underground Storage Tank Control Regulation, as follows: failed to pay annual underground storage tank registration fees, failed to permanently close USTs that have been temporarily out of service for greater than twelve (12) months and do not meet current corrosion protection standards, and failed to demonstrate financial responsibility for an UST system. Action: The Individual/Entity is required to: submit a completed Tank/Sludge Disposal form; permanently close the USTs and submit an UST Closure and Assessment Report, pay annual underground storage tank registration fees in the amount of five thousand, seven hundred dollars ($5,700.00), submit a completed Certificate of Financial Responsibility form and provide evidence of financial assurance, and pay a civil penalty in the amount of twenty-one thousand, four hundred fifty dollars ($21,450.00). 2) Order Type and Number: Consent Order 18-0305-UST Order Date: November 8, 2018 Individual/Entity: Drayton-Parker Companies, LLC Facility: Parkers 55 Location: 7021 North Okatie Highway Ridgeland, SC Mailing Address: 17 West McDonough Street Savannah, GA 31401 County: Jasper Previous Orders: None Permit/ID Number: 19796 Violations Cited: The State Underground Petroleum Environmental Response Bank Act of 1988, S.C. code Ann. § 44-2-10 et seq. (2002 and Supp. 2016) (SUPERB Act); and South Carolina Underground Storage Tank Control Regulation, 7 S.C. Code Ann. Section 280.20(c)(1)(ii) (2017) (Regulation). Summary: Drayton-Parker Companies, LLC (Individual/Entity), located in Savannah, Georgia, owns and operates underground storage tanks located in Ridgeland, South Carolina. On September 27, 2018, the Department conducted a routine inspection and issued a Notice of Alleged Violation because there was a stick in the drop tube shutoff valve on the Tank #2 regular unleaded UST (5,000 gallon). The stick was removed while the Department's Inspector was on site. The Individual/Entity has violated the SUPERB Act and South Carolina Underground Storage Tank Control Regulation, as follows: failed to maintain overfill prevention equipment on an underground storage tank system. Action: The Individual/Entity is required to: pay a civil penalty in the amount of one thousand dollars ($1,000.00). 3) Order Type and Number: Consent Order 18-0260-UST Order Date: November 30, 2018 Individual/Entity: Kool Spot Convenience Stores, Inc. Facility: Kool Spot Location: 1801 Gren Pond Road Aiken, SC 29803 Mailing Address: 2181 Belford Grove Drive Aiken, SC 29801 County: Aiken Previous Orders: None Permit/ID Number: 11366 Violations Cited: The State Underground Petroleum Environmental Response Bank Act of 1988, S.C. code Ann. § 44-2-10 et seq. (2002 and Supp. 2016) (SUPERB Act); and South Carolina Underground Storage Tank Control Regulation, 7 S.C. Code Ann., Section 280.93(a) (2017) and Section 110(c) (2017) (Regulation) Summary: Kool Spot Convenience Stores, Inc. (Individual/Entity) owns and operates underground storage tanks in Aiken, South Carolina. On August 1, 2018, the Department issued a Notice of Alleged Violation due to unpaid annual tank registration fees for fiscal year 2019. On September 18, 2018, the Department noted the following: annual tank registration fees for fiscal years 2015, 2016, 2017 and 2018 had not been paid; and proof of financial responsibility and evidence of financial assurance was unavailable. The Individual/Entity has violated the SUPERB Act and South Carolina Underground Storage Tank Control Regulation, as follows: failed to pay annual underground storage tank registration fees; failed to demonstrate financial responsibility for an UST system and failed to provide evidence of financial assurance to the Department upon request. Action: The Individual/Entity is required to: submit annual tank registration fees and associated late fees in the amount of five thousand, six hundred ninety-eight dollars ($5,698.00); submit a completed Certificate of Financial Responsibility form and provide evidence of financial assurance; and pay a civil penalty in the amount of three thousand, two hundred ninety dollars ($3,290.00). 4) Order Type and Number: Consent Order 18-0178-UST Order Date: December 7, 2018 Individual/Entity: Sadachar, LLC Facility: Pacolet Store Location: 7013 South Pine Street Pacolet, SC 29372 Mailing Address: 8767 Savannah Road Harrisburg, NC 28075 County: Spartanburg Previous Orders: None Permit/ID Number: 19727 Violations Cited: The State Underground Petroleum Environmental Response Bank Act of 1988 (SUPERB Act), S.C. code Ann. § 44- 2-10 et seq. (2002 and Supp. 2016); and South Carolina Underground Storage Tank Control Regulation, 7 S.C. Code Ann. Regs. 61-92.280.10(d) (2017). Summary: Sadachar, LLC (Individual/Entity), located in Harrisburg, North Carolina, owns and operates underground storage tanks located in Spartanburg, South Carolina. On August 2, 2018, the Department conducted a site visit to implement Delivery Prohibition at the Facility because the annual UST registration fees for fiscal year 2019 had not been paid. The Individual/Entity was observed accepting a delivery of diesel fuel at the Facility. The Individual/Entity has violated the SUPERB Act and the South Carolina Underground Storage Tank Control Regulation, as follows: placed regulated substances into an UST system for which the owner or operator did not hold a currently valid registration or permit. Action: The Individual/Entity is required to: pay a civil penalty in the amount of one thousand dollars ($1,000.00). 5) Order Type and Number: Consent Order 18-0273-UST Order Date: December 20, 2018 Individual/Entity: Yash Corporation Inc. Facility: Food Fair Store 3 Location: 1500 Dutch Fork Road Ballentine, SC 29002 Mailing Address: 164 Churchland Drive Columbia, SC 29229 County: Richland Previous Orders: None Permit/ID Number: 06155 Violations Cited: The State Underground Petroleum Environmental Response Bank Act of 1988 (SUPERB Act), S.C. code Ann. § 44- 2-60(A) (2002 and Supp. 2016); and South Carolina Underground Storage Tank Control Regulation, 7 S.C. Code Ann. Regs. 61-92.280.31(a), 280.31(b), 280.34(c), 280.70(a), 280.70(b), 280.70(c), 280.93(a), and 280.110(c) (2017). Summary: Yash Corporation Inc. (Individual/Entity), owns and operates underground storage tanks located in Columbia, South Carolina. On August 1, 2018, the Department issued a Notice of Alleged Violation because tank registration fees for fiscal year 2019 had not been paid. On October 8, 2018 the Department conducted a records review and noted the following: annual tank registration fees for fiscal years 2016, 2017, and 2018 had not been paid; tanks that had been temporarily closed for greater than twelve (12) months and did not meet corrosion protection standards, had not been permanently closed; and proof of financial responsibility and evidence of financial assurance was unavailable.
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