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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 September 8, 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. 11-28 Request for Remission of Civil Penalty by (PP 1-48) Mooresville Oil Company, Inc. (UST# 09-124C) Catawba County CP: $8,050.00 IC: $ 338.28 Remit: $6,050.00 Total: $2,333.28 Request for oral presentation: GRANTED DWM/UST Presentation by Mr. Bob Davies and Mr. Brad Newton, DWM/UST NOTE: DWM/UST recommends that the reduced civil penalty assessment of $2,333.28 be upheld. The violation that was the subject of this penalty assessment has been resolved. The following agenda items are NOT scheduled for oral presentation. 11-29 Request for Remission of Civil Penalty by (PP 1-68) Ray Norman, Jr. (UST# 06-033P) Surry County CP: $6,300.00 IC: $ 335.52 Remit: $6,300.00 Total: $6,300.00 Request for oral presentation: DENIED NOTE: DWM originally offered no remission. On 11/18/07, Group II deferred action and requested Mr. Norman to submit financial records data. DWM reviewed financial records and reduced the civil penalty to $0.00 contingent upon proper permanent closure of the UST system and submittal of a closure report or Initial Abatement Action prior to 6/15/08. DWM rec’d notification that Mr. Norman sold the property and DWQ again requested financial data which was not received. Investigative costs were paid. DWM/UST recommends that the remainder of the original civil penalty, $6300.00, be upheld. The UST system remains in the ground. 11-30 Request for Remission of Civil Penalty by (PP 1-42) Eagles Enterprises, Inc. (UST# 09-074P) Orange County CP: $4,500.00 IC: $ 554.84 Remit: $1,000.00 Total: $4,054.84 Request for oral presentation: DENIED NOTE: DWM/UST recommends that the reduced civil penalty assessment of $4,054.84 be upheld. The violations that were the subject of this enforcement action have been resolved, however, no financial data was submitted by Eagles Enterprises. 11-31 Request for Remission of Civil Penalty by (PP 1-45) Rick Taing (UST# 09-141P) Union County CP: $2,300.00 IC: $ 518.29 Remit: $ 0.00 Total: $2,818.29 Request for oral presentation: NONE NOTE: DWM/UST recommends that the original civil penalty assessment of $2,818.29 be upheld. DWM/UST makes this recommendation because no financial data has been submitted and no evidence of compliance with the violation that is the subject of this penalty assessment has been received to date. 11-32 Request for Remission of Civil Penalty by (PP 1-83) Duke University (DAQ 2010-217) Durham County – Raleigh Regional Office CP: $7,950.00 IC: $ 371.00 Remit: $2,000.00 Total: $6,321.00 Request for oral presentation: NONE 11-33 Request for Remission of Civil Penalty by (PP 1-24) Rockford Partners, LLC (DAQ 2010-157) New Hanover County – Wilmington Regional Office CP: $3,700.00 IC: $ 219.00 Remit: $ 0.00 Total: $3,919.00 Request for oral presentation: DENIED 11-34 Request for Remission of Civil Penalty by (PP 1-14) Vernon McIver (DAQ 2010-083) Lee County – Raleigh Regional Office CP: $750.00 IC: $273.00 Remit: $375.00 Total: $648.00 Request for oral presentation: NONE 11-35 Request for Remission of Civil Penalty by (PP 1-17) Leo Walters d/b/a Walters Roofing & Siding (DAQ 2010-120) Robeson County – Fayetteville Regional Office CP: $500.00 IC: $330.00 Remit: $125.00 Total: $705.00 Request for oral presentation: NONE 11-36 Request for Remission of Civil Penalty by (PP 1-14) Scott Miller (DAQ 2010-136) Randolph County – Winston-Salem Regional Office CP: $375.00 IC: $269.00 Remit: $ 0.00 Total: $644.00 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