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Krug, Herman - Summary Hearing Report, August 3, 1993

Summary Hearing Report, August 3, 1993

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

Alleged Violations of Environmental Conservation Law of the State of New York (ECL) Article 19 and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 211

- by -

HERMAN J. KRUG and ELIZABETH J. KRUG
doing business as KRUG GREENHOUSE

RESPONDENTS

SUMMARY HEARING REPORT

DEC No. R4-1423-92-12

As required by the Commissioner's Organization and Delegation Memorandum #85-13, dated March 22, 1985, this Summary Hearing Report describes the enforcement hearing regarding the captioned matter. After the record of this proceeding opened, the Parties settled this matter with an Order on Consent before completing their respective cases.

The Department's Region 4 Staff served a Notice of Hearing and Complaint dated January 26, 1993 upon the Herman J. and Elizabeth J. Krug doing business as Krug Greenhouse (the Respondents). The Respondents own a plant nursery on Route 150 in the Town of Schodack, Rennselaer County. The Complaint alleged the Respondents improperly operated the boiler used to heat the greenhouses in violation of various provisions of the ECL Article 19 (Air Pollution Control) and its implementing regulations 6 NYCRR Part 211 (General Prohibitions).

Beginning on March 22, 1993 and continuing on April 14, 1993, the administrative enforcement hearing to consider the Department's allegations was held at the Five Rivers Environmental Education Center in Delmar.

Ann Lapinski, Esq., Assistant Regional Attorney, appeared for the Department's Region 4 Staff. During the two days of the hearing, the Department called the following witnesses: Michael Stockman, the Respondents' neighbor; Robert Warland, P. E., Regional Air Pollution Control Engineer; Edward Toomer, Environmental Engineering Technician III; and Daniel Hershey, Division of Air Resources, Bureau of Enforcement and Regional Support.

Herman and Elizabeth Krug appeared pro se and for the Krug Greenhouse. During the hearing on March 22, 1993 and April 14, 1993, Mr. Krug cross examined Messrs. Stockman and Hershey. After the April 14, 1993 hearing session, Mr. and Mrs. Krug retained Jeffery Chamberlain, Esq. from Thomas and Chamberlain, Albany as legal counsel.

Before reconvening on May 19, 1993, the Parties requested a brief adjournment of the hearing to settle the matter. The Respondents subsequently signed an Order on Consent effective June 30, 1993. A copy of the Order on Consent is attached to this Summary Hearing Report as Appendix A.

The Order on Consent settles the violations alleged in the Complaint, provides a Schedule of Compliance, and assesses a civil penalty a significant portion of which is suspended pending compliance with the terms of the Order on Consent. The Schedule of Compliance requires the Respondents to replace the boiler now used to heat the greenhouses at the Respondents' place of business, and to operate the new boiler in a manner consistent with the applicable statutes and regulations. The Schedule of Compliance also identifies the fuels the Respondents may burn in the boiler.

_____________/s/_____________
Daniel P. O'Connell
Administrative Law Judge

Dated: Albany, New York
April 16, 1997

To: Herman and Elizabeth Krug
P.O. Box 256
Route 150
East Schodack, New York 12063

Jeffery Chamberlain, Esq.
Thomas and Chamberlain
197 C Schoolhouse Road
Albany, New York 12203

Ann Lapinski, Esq.
Assistant Regional Attorney
NYSDEC-Region 4
2176 Guilderland Avenue
Schenectady, New York 12306

Attachment

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