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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Environmental Management Commission - Group II CP Agenda

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
 
January 13, 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
 
The following agenda item IS scheduled for oral presentation
 
 
11-01  Request for Remission of Civil Penalty by University of North Carolina at            pp 1-23 
          Chapel Hill (DAQ 2010-051)
          Orange County-Raleigh Regional Office  
 
CP:  $10,000.00
IC:  $561.00
Remit:  $0.00
Total:  $10,561.00
 
Request for oral presentation: GRANTED
 
 
 
The following agenda item IS NOT scheduled for oral presentation.
 
11-02  Request for Remission of Civil Penalty by BLS Inc. (DAQ 2010-010)             pp 1-23 
          Cumberland County-Fayetteville Regional Office  
 
CP:  $2,000.00
IC:  $305.00
Remit:  $0.00
Total:  $2,305.00
 
Request for oral presentation: DENIED
 
 
 
The following agenda items HAVE BEEN postponed until March 10, 2011.
 
 
11-03  Request for Remission of Civil Penalty by Kenneth L. Twisdale Jr.                     pp 1-53
          (UST #08-028P)  
          Halifax County-Raleigh Regional Office  
 
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 (UST #07-100P)          pp 1-32
          Franklin County-Raleigh Regional Office  
 
CP:  $ 11,500.00
IC:  $ 284.94
Remit:  $10,500.00
Total:  $1,284.94
 
Request for oral presentation: None
NOTE: This case was postponed from a previous agenda. 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 (UST #08-055P)            pp 1-38 
          Franklin County-Raleigh Regional Office  
 
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. 
 
 
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