Crangle Industries, Inc. - Order, April 13, 2000

Order, April 13, 2000

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION
In the Matter of

the Violation of Article 27 of the Environmental Conservation Law

- by -

CRANGLE INDUSTRIES, INC.
d/b/a Savage Litho
1291 Main Street
Buffalo, New York 14209

Respondent

ORDER

File No. 99-87

R9-4841-99-11

WHEREAS:

A Notice of Hearing and Complaint dated November 17, 1999, was duly served upon the Respondent's President, Edward J. Crangle, by certified mail on November 19, 1999.
The Respondent has not answered the Complaint and, thus, has not disputed the allegations of the Department Staff.
Department Staff forwarded a Motion for Default Judgment and supporting papers to the Department's Office of Hearings and Mediation Services for review, and the matter was assigned to Administrative Law Judge (ALJ) Francis W. Serbent, who has submitted a report thereon.
Upon review of the ALJ's Report (copy attached) and the record of this proceeding, I concur with the ALJ's Findings of Fact Conclusions of Law, and Recommendations, which establish that Department Staff properly served a Notice of Hearing and Complaint upon the Respondent, that the Respondent failed to file a timely Answer, and that failure to make timely service of an Answer constitutes a default and a waiver of the Respondent's right to a hearing.

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

No hearing is required to determine whether the Respondent has committed the violations alleged by the Department Staff, or whether the relief requested by Staff should be ordered.
The Respondent shall pay a civil penalty in the amount of Thirteen Thousand Dollars ($13,000.00).
This penalty shall be due and payable within thirty (30) days following the service of a conformed copy of this Order upon the Respondent.
The Respondent shall mark each tank and container used to accumulate and store hazardous wastes with the words "Hazardous Waste" and other words that identify the contents of the containers and with the date on which the accumulation began.
The Respondent shall have all required records available for inspection by Department Staff.
The Respondent shall keep all hazardous waste containers closed during storage.
The Respondent shall make arrangements with local emergency response agencies as required by 6 NYCRR §373-3.3(g)(1).
The Respondent shall properly dispose of all hazardous waste which has been stored onsite for more than 180 days.
The provisions, terms and conditions of this Order shall bind the Respondent, his agents, servants, employees, successors and assigns and all persons, firms and corporations acting for or on behalf of the Respondent.
All communications between the Respondent and the Department concerning this Order shall be made to the Region 9 Director of the New York State Department of Environmental Conservation, 270 Michigan Avenue, Buffalo, New York 14203-2999.

For the New York State Department
of Environmental Conservation

_____________/s/_____________
By: John P. Cahill, Commissioner

Dated: Albany, New York
April 13, 2000

TO: Mr. Edward J. Crangle, President
Crangle Industries, Inc.
d/b/a Savage Litho
1291 Main Street
Buffalo, NY 14209

Lee W. Zimmerman, Esq.
NYS Department of Environmental Conservation
Division of Legal Affairs, Region 9
270 Michigan Avenue
Buffalo, NY 14203-2999

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

the Alleged Violations of Article 27 of the New York State Environmental Conservation Law
and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York
- by -

CRANGLE INDUSTRIES, Inc.,
d/b/a Savage Litho
1291 Main Street
Buffalo, New York, 14209

Respondents

Summary Report on Motion for Default Judgement

File No. 99-87

Case No. R9-4841-99-11

Proceedings

Pursuant to Title 6 of the Official Compilation of Codes Rules and Regulations of the State of New York, Section 622.15, the New York State Department of Environmental Conservation ("Department") Staff ("Staff") has moved for a default judgment against Crangle Industries, Inc., d/b/a Savage Litho, 1291 Main Street, Buffalo, New York, 14209 (the "Respondents").

Staff made its motion on or about February 25, 2000 by sending to Crangle Industries, Inc., d/b/a Savage Litho., the Respondents, the following papers:

A Motion for Default Judgment dated February 16, 2000; an Affirmation in Support of Motion for Default Judgment; and an unsigned Order;

And by filing, on or about February 25, 2000, said documents with the Department's Office of Hearings and Mediation Services.

Respondents' response to Staff's Motion was due on March 17, 2000 pursuant to 6 NYCRR §622.6, presuming Respondents are entitled to an additional 5 days when service is made by ordinary mail and excluding Saturdays, Sundays and the public holiday.

No response to the motion has been received from the Respondents as of the date of this Summary Report.

Default Procedures

Section 622.15, "Default procedures" provides in pertinent part:

"(b) The motion for a default judgment may be made orally on the record or in writing and 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.

"(c) Upon a finding by the ALJ that the requirements of subdivision (b) have been adequately met, the ALJ will submit a summary report, which will be limited to a description of the circumstances of the default, and the proposed order to the commissioner. ..."

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

Findings

On November 17, 1999, Staff sent a Notice of Hearing and Complaint to Edward J. Crangle, President, Savage Litho, 1291 Main Street, Buffalo New York, 14209.
An Affidavit of Service indicates that true copies of the Notice of Hearing and Complaint were sent to Edward Crangle, Savage Litho,1291 Main Street, Buffalo New York, 14209 by certified mail with a return receipt card (PS Form 3811 attached) indicating Article Number Z 174 274 265.
The receipt for the aforesaid mailing was returned to Staff, indicating the mail was received November 19, 1999 and with the apparent signature of Ed Crangle.
As of February 25, 2000 (the date of the motion papers), Crangle Industries, Inc., d/b/a Savage Litho had not responded to the Notice of Hearing and Complaint.
The requirements for a default judgment have been adequately met as prescribed by 6 NYCRR §622.15(b).

Conclusion

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

_____________/s/_____________
Francis W. Serbent
Administrative Law Judge

Dated: April 3, 2000
Albany, New York