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Loma Recycling Inc - Ruling 2, February 2, 1993

Ruling 2, February 2, 1993

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of the alleged Violations of Articles 15, 17, 19 and 25 of the Environmental Conservation Law of the State of New York, and Parts 211, 608 and 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York

-by-

LOMA RECYCLING, INC.; MIKE LOGUIDICE;
PAUL SCAGLIONE; E&M CONSTRUCTION, INC.;
and EARTHMOVERS, INC.
RESPONDENTS

DEC Nos. R2-3742-91-06 R2-3622-91-04 R2-3008-90-04

RULING

On February 1, 1993, Ms. Silberfeld, Mr. Barbiero and me participated in a telephone conference regarding the captioned matter. Mr. Barbiero, as the Respondent's new counsel, stated the Respondents have stopped operations at the Site, and have contracted to sell the property. According to Mr. Barbiero, the Respondents want to settle any possible remaining violations with the Department.

During the telephone conference, I granted the Parties' mutual request to relieve the Department of the time frames set in my ruling dated January 22, 1993 in contemplation of a settlement of this matter. The Parties must inform me by March 2, 1993 about whether this matter has been settled.

________________
Daniel P. O'Connell
Administrative Law Judge
Dated: Albany, New York
February 2, 1993

To: Laurieann Silberfeld, Esq.
Anthony V. Barbiero, Esq.
Assistant Regional Attorney
2015 Linden Boulevard
NYSDEC-Region 2
Elmont, New York 11003

Hunters Point Plaza
47-40 21st Street
Long Island City, New York 11101

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