NC Department of Environment and Natural Resources
Environmental Management Commission - CP GrpII Mar2011
Environmental Management Commission
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Agenda ENVIRONMENTAL MANAGEMENT COMMISSION CIVIL PENALTY REMISSIONS COMMITTEE MEETING Group II 512 North Salisbury Street Archdale Building – 14th Floor Conference Room Raleigh, North Carolina March 10, 2011 (Immediately following EMC Business Session) DIVISION OF AIR QUALITY/ DIVISION OF WASTE MANAGEMENT Executive Order No. One mandates that the Chair inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of conflict, please so state at this time. Charles H. Peterson, Vice Chairman, Presiding No agenda items are scheduled for oral presentation The following agenda items are NOT scheduled for oral presentation. 11-03 Request for Remission of Civil Penalty by Kenneth L. Twisdale Jr. - (pp 1-53) (UST #08-028P) Halifax County CP: $7,900.00 IC: $401.42 Remit: $0.00 Total: $8301.42 Request for oral presentation: None Note: DWM/UST opposes any remission or mitigation of the penalty and recommends that the original civil penalty assessment of $8,301.42 be upheld. DWM/UST makes this recommendation because no financial data has been submitted and no evidence of compliance with the violations that are the subject of the penalty assessment has been received. 11-04 Request for Remission of Civil Penalty by Warren Oil Company (pp 1-59) (UST #07-100P) Franklin County CP: $11,500.00 IC: $ 284.94 Remit: $10,500.00 Total: $ 1,284.94 Request for oral presentation: None NOTE: DWM/UST recommends the remaining civil penalty assessment of $10,500.00 be upheld. DWM/UST makes this recommendations because the UST system has been removed from the ground; however, neither the Initial Action Abatement report nor financial data have been received. 11-05 Request for Remission of Civil Penalty by Warren Oil Company (pp 1-38) (UST #08-055P) Franklin County CP: $ 8,900.00 IC: $ 402.16 Remit: $ 0.00 Total: $ 9,302.16 Request for oral presentation: None NOTE: DWM/UST recommends that the original civil penalty assessment of $9,302.16 be upheld. DWM/UST makes this recommendation because no evidence of compliance with the violations that are the subject of the penalty assessment has been received. 11-06 Request for Remission of Civil Penalty by St. George Holdings, (pp 1-48) LLC (UST #09-108P) Mecklenburg County CP: $5,100.00 IC: $ 520.38 Remit: $2,800.00 Total: $2,820.38 Request for oral presentation: DENIED NOTE: DWM/UST recommends that the reduced civil penalty assessment of $2,820.38 be upheld. 11-07 Request for Remission of Civil Penalty by Bobby’s #2, Inc. (pp 1-42) (UST #08-121P) Halifax County CP: $7,400.00 IC: $ 557.76 Remit: $4,400.00 Total: $3,557.76 Request for oral presentation: None NOTE: DWM/UST recommends that the reduced civil penalty assessment of $3,557.76 be upheld. 11-08 Request for Remission of Civil Penalty by Anthony Williams, Sr. (pp 1-18) (DAQ 2010-018) Harnett County – Fayetteville Regional Office CP: $ 750.00 IC: $ 307.00 Remit: $ 0.00 Total: $1,057.00 Request for oral presentation: DENIED 11-09 Request for Remission of Civil Penalty by Bryan Scott McFalls (pp 1-16) (DAQ 2009-179) Mitchell County – Asheville Regional Office CP: $250.00 IC: $250.00 Remit: $ 0.00 Total: $500.00 Request for oral presentation: None 11-10 Request for Remission of Civil Penalty by Tyler Killian (pp 1-19) (DAQ 2009-198) Caldwell County – Asheville Regional Office CP: $ 750.00 IC: $ 251.00 Remit: $ 0.00 Total: $1,001.00 Request for oral presentation: None 11-11 Request for Remission of Civil Penalty by James Hudler Backhoe Service (pp 1-20) (DAQ 2009-205) Iredell County – Mooresville Regional Office CP: $1,500.00 IC: $ 264.00 Remit: $ 0.00 Total: $1,764.00 Request for oral presentation: None (THIS ITEM HAS BEEN REMOVED FROM THE AGENDA) 11-12 Request for Remission of Civil Penalty by Sweetwater Concepts, Inc. (pp 1-28) (DAQ 2010-046) Transylvania County – Asheville Regional Office CP: $3,000.00 IC: $ 206.00 Remit: $1,500.00 Total: $1,706.00 Request for oral presentation: None 11-13 Request for Remission of Civil Penalty by J Bar D Construction Company, Inc. (pp 1-16) (DAQ 2010-056) Davidson County – Winston-Salem Regional Office CP: $2,000.00 IC: $ 265.00 Remit: $1,000.00 Total: $1,265.00 Request for oral presentation: None 11-14 Request for Remission of Civil Penalty by Stephen Maynor (pp 1-17) (DAQ 2010-091) Robeson County – Fayetteville Regional Office CP: $500.00 IC: $216.00 Remit: $ 0.00 Total: $716.00 Request for oral presentation: DENIED 11-15 Request for Remission of Civil Penalty by Gallberry Farms, Inc. (pp 1-39) (DAQ 2010-163) Halifax County – Raleigh Regional Office CP: $2,000.00 IC: $ 281.00 Remit: $1,000.00 Total: $2,281.00 Request for oral presentation: DENIED 11-16 Request for Remission of Civil Penalty by Troutman Chair Company (pp 1-23) (DAQ-2010-021) Iredell County – Mooresville Regional Office CP: $2,000.00 IC: $ 211.00 Remit: $ 500.00 Total: $1,711.00 Request for oral presentation: None
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N.C. Department of Environment and Natural Resources
1601 Mail Service Center, Raleigh,
NC
27699-1601
USA
Headquarters (Environment and Natural Resources Building):
217 W. Jones St.
Archdale Building:
512 N. Salisbury St.
Toll Free:
(877) 623-6748