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Mosher Marble Manufacturing, Ltd. - Ruling, December 1, 1998

Ruling, December 1, 1998

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of Alleged Violations of Environmental Conservation Law Article 19 and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Parts 201 and 211,

by

MOSHER MARBLE MANUFACTURING, LIMITED,
KENNETH V. MOSHER AND
KAREN L. MOSHER,
d/b/a AQUARIUS ENTERPRISES
Clay (T)
[12/1/98] Onondaga County, New York,
Respondent.

RULING ON MOTION FOR INTERVENTION

R7-1085-98-05

By verified petition dated November 2, 1998, the Falling Leaf Neighbors Group seek to intervene in the above referenced enforcement proceeding. The Respondent and Department Staff were advised that responses to the motion could be filed by November 20, 1998. By letter dated November 12, 1998, Staff stated they have no objection to the petition. The Respondent filed a response dated November 20, 1998, in opposition to the motion.

A motion for intervention in a Departmental enforcement proceeding is authorized by 6 NYCRR §622.10(f). A successful intervention petition must demonstrate good cause for the relief sought. The Petitioner must state precisely and with particularity, the petitioner's relationship to the matters involved; the nature of the material Petitioner intends to present in evidence; the nature of the argument Petitioner intends to make; and any other reason that the Petitioner should be allowed to intervene. Intervention should be granted only if the Petitioner has demonstrated that there is a reasonable likelihood that the petitioner's private rights would be substantially adversely affected by the relief requested and that those rights cannot be adequately represented by the parties to the hearing. 6 NYCRR §622.10(f).

The Petitioner intends to present four types of evidence: a petition signed by the Petitioner members attesting that odors emanating from the Respondent's facility have interfered with, and will continue to interfere with, the lives of the members; letters written by Petitioner members documenting the manner that contamination from the Respondent's facility have adversely impacted the members; a Material Safety Data Sheet which details the hazards of styrene, a substance allegedly used in the Respondent's manufacturing process and allegedly released in air emissions by the Respondent's facility; and Petitioner members' testimony and written statements regarding personal accounts of negative health impacts allegedly associated with air emissions from the Respondent's manufacturing process.

The Respondent asserts that the Petitioner has not met the requirements of 6 NYCRR §622.10(f). However, I find that the petition, as summarized above, does meet the requirements of 6 NYCRR §622.10(f). The petition of the Falling Leaf Neighbors Group for intervention in the above referenced proceeding is granted.

Lastly, since July, 1998 when the Department Staff filed a Statement of Readiness in this matter, the Respondent has retained counsel and the Falling Leaf Neighbors Group now has obtained party status. Therefore, to ensure the disclosure process is complete, Staff are directed to refile a Statement of Readiness when appropriate, before hearing dates will be scheduled in this matter.

/s/
Kevin J. Casutto
Administrative Law Judge

Albany, New York
December 1, 1998

To: William F. Gallagher
Assistant Regional Attorney
NYSDEC Region 7 Headquarters
615 Erie Boulevard
Syracuse, New York 13204

Pamela Klein
Attorney at Law
University Building - Suite 310
120 East Washington Street
Syracuse, New York 13202

Joseph P. McRae, Esq.
Hiscock & Barclay, LLP
Attorneys at Law
Financial Plaza
Post Office Box 4878
Syracuse, New York 13221-4878

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