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Shipshape Landscaping - Order, November 20, 1998

Order, November 20, 1998

STATE OF NEW YORK:DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of the Alleged
Violations of Article 33 of
the New York State Environ-
mental Conservation Law (ECL)
and Part 325 of Title 6 of
the Official Compilation
of Codes, Rules & Regulations
of the State of New York by:
File No.

LARRY KRAVITSKY individually
and
R1-5944-97-03
SHIP SHAPE LANDSCAPING, L.L.C.

ORDER

(Suffolk County) Respondents:

WHEREAS:

  1. Pursuant to a Notice of Hearing and Complaint dated July 24, 1998, New York State Department of Environmental Conservation (DEC) Region 1 Staff commenced an administrative enforcement proceeding against the Respondents.
  2. The Respondents were served with the Notice of Hearing and Complaint on July 24, 1998 by certified mail.
  3. Service of process was accomplished in accordance with 6 NYCRR §622.3(a)(3).
  4. The time for Respondents to serve an Answer expired August 16, 1998. The Respondents failed to serve an Answer to Department staff's Complaint within that time, or since, and failed to appear at the Pre-Hearing Conference on August 19, 1998.
  5. With respect to such failure to answer, DEC staff made a Motion for Default Judgment dated September 24, 1998.
  6. By letter dated October 13, 1998, received by the Department's Office of Hearings and Mediation Services on October 16, 1998, the individual Respondent, Larry Kravitsky, advised that he has relocated to the State of Florida and only recently received the Notice of Hearing and Complaint due to irregularities in the forwarding of his mail. Further, he seeks leniency by the Department in this matter due to personal and professional factors set forth in his correspondence. At my direction, Staff have reviewed this correspondence, and as a result have revised their request for relief to a suspended monetary penalty in the amount of One Thousand ($1,000.00) Dollars.
  7. I adopt the findings of the Administrative Law Judge's report which is attached hereto, except as regards sanctions.
  8. 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), The Respondents are found to be in default and have waived their right to a hearing in this enforcement proceeding. Accordingly, Department Staff's allegations against the Respondents as set forth in the Complaint are deemed to have been admitted by the Respondents (The Respondents essentially conceded the allegations in Mr. Kravitsky's letter of October 13, 1998, but argued for no penalty).
  9. The Respondents violated ECL §33-0905(4) and 6 NYCRR §325.25(b) by failing to meet pesticide use reporting requirements during the years 1993, 1994 and 1995.

NOW THEREFORE, having considered this matter and being duly advised, it is ORDERED that:

  1. The Respondents Larry Kravitsky, individually, and Ship Shape Landscaping, L.L.C., are jointly and severally liable for three violations of ECL §33-0905(4) and 6 NYCRR §325.25(b), for the years 1993, 1994 and 1995. The Respondents are jointly and severally liable for a suspended civil penalty in the sum of THREE HUNDRED THIRTY THREE DOLLARS for each of the first two violations and THREE HUNDRED THIRTY FOUR DOLLARS for the third violation, a total monetary penalty of ONE THOUSAND DOLLARS ($1,000.00) DOLLARS. Said penalty shall be payable within 60 days of any future violation of any provision of the ECL or any of the terms and conditions contained in any permits and licenses now held or subsequently issued to either of the Respondents.
  2. The Respondents shall immediately cease and desist from any further and future violations of the Environmental Conservation Law and shall comply strictly with the ECL and all of the terms and conditions contained in any and all outstanding permits and licenses for as long as they remain in effect;
  3. All communications between the Respondents and Staff concerning this Order shall be made to the Regional Director, N.Y.S. Department of Environmental Conservation, Region 1, S.U.N.Y. Campus, Building 40, Stony Brook, New York 11794.
  4. The provisions, terms and conditions of this Order shall bind the Respondents, their agents, servants, employees, successors and assigns and all persons, firms and corporations acting for or on behalf of the Respondents.

For the New York State Department of
Environmental Conservation

/s/
By: John P. Cahill, Commissioner

Albany, NY
November 20, 1998

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