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Blaise, Ronald - Order 2, March 16, 2001

Order 2, March 16, 2001

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

the Alleged Violation of Article 17 of
the Environmental Conservation Law of the State of New York and
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York

- by -

Roland Blaise

Respondent

ORDER

Case No.

R5-20000601-35

WHEREAS:

  1. Pursuant to Section 622.15 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Staff of the New York State Department of Environmental Conservation duly served a Notice of Hearing and Complaint upon the Respondent, Roland Blaise by certified mail, return receipt requested. The affidavit of Barbara Forrester states that the Respondent was served by placing a true and correct copy of the Notice of Hearing and Complaint in a secure postpaid wrapper addressed to Respondent and mailed to Respondent by certified mail return receipt requested. The associated return receipt indicates that the Notice of Hearing and Complaint were received by Respondent on November 27, 2000.
  2. The Complaint asserted one cause of action, that the Respondent has failed to register its Bulk Storage facility located at 1852 North Ausable Street, Keeseville, New York with the NYSDEC in accordance with the requirements set forth in ECL §17-1009 and 6 NYCRR 612.2. Respondent has failed to register its petroleum bulk storage facility. Respondent is in violation of ECL §17-1009 and 6 NYCRR 612.2.
  3. The Notice of Hearing and Complaint stated that an answer to the complaint was due within 20 days of service of the complaint. The Notice included a statement that, pursuant to 6 NYCRR 622.15, a failure to timely answer would result in a default under 6 NYCRR 622.15 and a waiver of Respondent's right to a hearing. Respondent failed to serve an answer. Accordingly, Department Staff's allegations against Respondent in its Complaint are deemed to have been admitted by the Respondent.

    Staff documents by affirmation of Christopher Lacombe that:

    1. Respondent failed to serve on the Department an answer within 20 days of its receipt of the Notice of Hearing and Complaint or in an otherwise timely manner;
    2. the penalty imposed is appropriate based on the violation and the duration of the violation; and
    3. failure to answer a complaint is grounds for a default judgment pursuant to 6 NYCRR 622.15.
  4. A copy of the Notice of Motion and supporting papers seeking the judgment by default were filed with the Office of Hearings and Mediation Services and the matter was assigned to Administrative Law Judge P. Nicholas Garlick. A copy of the ALJ's Default Summary Report is attached. I adopt the ALJ's report.

NOW, THEREFORE, have considered this matter, it is ORDERED that:

  1. Pursuant to 6 NYCRR 622.15, Respondent is found to be in default.
  2. Respondent, Roland Blaise shall pay a civil penalty of Three Thousand Five Hundred ($3,500.00) dollars within 30 days of service of this Order to the New York State Department of Environmental Conservation, for the violation asserted in the complaint.
  3. All communications from the Respondent to the Department concerning this order shall be made to the Department's Region 5 Director, Route 86, P.O. Box 296, Ray Brook, NY 12977
  4. The provisions, terms and conditions of this order shall bind the Respondent, its agents, servants, employees, successors and assigns and all persons, firms and corporations acting for or on behalf of the Respondent.

For the New York State Department
of Environmental Conservation

_____________/s/_____________
By: Gavin J. Donohue,
Acting Commissioner

Dated: Albany, New York
March 16, 2001

To: Christopher A. Lacombe, Esq.
Regional Attorney, Region 5
Route 86 ­ P.O. Box 296
Ray Brook, NY 12977

Mr. Roland Blaise
1852 North Ausable Street
Keeseville, NY 12944

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

the Alleged Violation of Article 17 of the Environmental Conservation Law of
the State of New York and Title 6 of NYCRR of the State of New York

by

ROLAND BLAISE

Respondent.

DEFAULT SUMMARY REPORT

DEC Case No.

R5-20000601-35

Proceedings

By notice of motion dated January 2, 2000, staff of the Department of Environmental Conservation (DEC or Department) sought a judgment by default against respondent concerning alleged violations of Article 17 of the Environmental Conservation Law (ECL). It is alleged by DEC that Respondent violated Article 17 of the ECL by failing to register its petroleum bulk storage facility in Keeseville, New York. In support of its motion, DEC submitted an affirmation of Regional Attorney Christopher A. Lacombe, a proposed Order, and a photocopy of proof of service of the Notice of Hearing and Complaint on the Respondent, by certified mail, return receipt on November 28, 2000.

As of the date of the Motion, Respondent has failed to serve an Answer or otherwise move, although the time to do so expired on or about December 17, 2000.

Respondent was served with the Notice of Motion for Default Judgment and supporting papers dated January 3, 2001. Respondent has not opposed the motion.

DEFAULT PROCEDURES

Section 622.15, "Default Procedures" provides, in pertinent part: (b) The motion for a default judgment .... must contain: (1) proof of service upon the Respondent of the notice of hearing and complaint or such other document which commenced the proceeding; (2) proof of the respondent's failure to appear or failure to file a timely answer; and (3) a proposed order."

The following Findings are based upon the papers submitted, as identified above.

FINDINGS

  1. On or about November 27, 2000 Staff served a Notice of Hearing and Complaint on Respondent Roland Blaise. The time to Answer or otherwise move expired on December 17, 2000. No Answer has been served to date.
  2. Staff served the motion for default judgment and supporting papers on Respondent on or about January 8, 2001. Respondent has not opposed said motion. The time to serve papers in opposition expired on or about January 13, 2001.
  3. The requirements for a default judgment have been adequately met as prescribed by 6 NYCRR section 622.15(b).

CONCLUSION

The motion for default judgment should be granted. This Default Summary Report and Staff's proposed Order (attached hereto) are referred to the Commissioner for final determination.

_____________/s/_____________
P. Nicholas Garlick
Administrative Law Judge

To: Christopher A. Lacombe. Esq.
Regional Attorney, Region 5
Route 86 ­ P.O. Box 296
Ray Brook, NY 12977

Mr. Roland Blaise
1852 North Ausable Street
Keeseville, NY 12944

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