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Agenda ENVIRONMENTAL MANAGEMENT COMMISSION CIVIL PENALTY REMISSIONS COMMITTEE MEETING Group II 512 North Salisbury Street Archdale Building –Ground Floor Hearing Room Raleigh, North Carolina July 14, 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 items are scheduled for oral presentation. 11-19 Request for Remission of Civil Penalty by (pp 1-94) Caledonian Alloys, Inc. (DAQ 2010-082) Union County – Mooresville Regional Office CP: $138,500.00 IC: $ 1,083.00 Remit $ 1,000.00 Total: $138,583.00 Request for oral presentation: GRANTED DAQ Presentation by Mr. Ron Slack, Supervisor, MRO DAQ 11-17 *Request for Remission of Civil Penalty by (pp 1-139) *(not in Avalon Cleaners Corporation (DWM/DSCA 2010-001) CP: $25,000.00 IC: $ 0.00 Remit: $ 2,500.00 Total: $22,500.00 Request for oral presentation: GRANTED DWM Presentation by Mr. Jack Butler, Chief, Superfund Section NOTE: This agenda item was rescheduled from May 12, 2011. DWM/DSCA recommends that the reduced civil penalty assessment of $22,500.00 granted to Avalon Cleaners Corporation on September 27, 2010 be upheld. The following agenda items are NOT scheduled for oral presentation. 11-18 *Request for Remission of Civil Penalty by (pp 1-30) *(not in Laney Oil Company, Inc. (UST #09-142P) seq order) Union County CP: $12,500.00 IC: $ 522.95 Remit: $ 0.00 Total: $13,022.95 Request for oral presentation: NONE NOTE: This agenda item was rescheduled from May 12, 2011. DWM recommends the original civil penalty of $13,022.95 be upheld. DWM makes this recommendation because no evidence of compliance with the violations that are the subject of this penalty assessment has been received to date. 11-20 Request for Remission of Civil Penalty by (pp 1-108) Iradj Kamyab d/b/a Merit Cleaners (DWM/DSCA 2010-002) Wake County CP: $6,500.00 IC: $ 0.00 Remit: $2,000.00 Total: $4,500.00 Request for oral presentation: DENIED NOTE: DWM/DSCA recommends that the reduced civil penalty assessment of $4,500.00 granted to Merit Cleaners on December 22, 2010 be upheld. 11-21 Request for Remission of Civil Penalty by (pp 1-21) Dennis Williams (DAQ 2010-087) Halifax County – Raleigh Regional Office CP: $5,000.00 IC: $ 282.00 Remit: $1,000.00 Total: $4,282.00 Request for oral presentation: NONE 11-22 Request for Remission of Civil Penalty by (pp 1-25) Foley & Foley Marine Contractors (DAQ 2010-099) Craven County – Washington Regional Office CP: $2,000.00 IC: $ 202.00 Remit: $1,000.00 Total: $1,202.00 Request for oral presentation: DENIED 11-23 Request for Remission of Civil Penalty by (pp 1-15) Cooper Excavating Company, Inc. (DAQ 2010-101) Jackson County – Asheville Regional Office CP: $1,600.00 IC: $ 171.00 Remit: $ 0.00 Total: $1,771.00 Request for oral presentation: NONE 11-24 Request for Remission of Civil Penalty by (pp 1-16) Terry Raeford (DAQ 2009-156) Cumberland County – Fayetteville Regional Office Request for oral presentation: NONE CP: $1,000.00 IC: $ 230.00 Remit: $ 0.00 Total: $1,230.00 11-25 Request for Remission of Civil Penalty by (pp 1-15) Rudy Jones (DAQ 2010-105) Martin County – Washington Regional Office CP: $ 750.00 IC: $ 254.00 Remit: $ 0.00 Total: $1,004.00 Request for oral presentation: NONE 11-26 Request for Remission of Civil Penalty by (pp 1-18) Billy and Kim Thompson (DAQ 2010-121) Bladen County – Fayetteville Regional Office CP: $ 750.00 IC: $ 295.00 Remit: $ 0.00 Total: $1,045.00 Request for oral presentation: NONE 11-27 Request for Remission of Civil Penalty by (pp 1-13) Grady Mangum, Jr. (DAQ 2010-125) Caldwell County – Asheville Regional Office CP: $ 750.00 IC: $ 242.00 Remit: $ 0.00 Total: $992.00 Request for oral presentation: NONE
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