![]() ![]() ĪLJ Sherman prepared the attached supplemental hearing report in which he recommends that respondent be given five years to remove that part of the Campers Last Stop store that encroaches on State land ( see Supplemental Hearing Report at 12). options for addressing the encroachments ( see 2016 Order at 4-5).the party responsible for creating those encroachments and.the date when any such other structures or infrastructure were constructed or placed on State lands.the existence of any other structures and infrastructure on respondent's property that are also encroachments on State lands.the expected duration of future use of the Campers Last Stop store and its estimated structural life.As set forth in the 2016 Order, I directed the parties to address the following issues: ALJ Sherman, in accordance with the 2016 Order, convened a hearing on February 16, 2017, to further develop the record with respect to remedial relief. at 4-5).ĭue to the retirement of ALJ Buhrmaster, the remand was reassigned to ALJ Richard Sherman. However, I concluded that the record needed to be supplemented in order to formulate the appropriate remedial relief, and I remanded the matter for further consideration ( see id. A civil penalty in the amount of $100 was assessed against respondent ( see 2016 Order at 3, 5). By order dated Aug(2016 Order), I adjudged respondent to have violated ECL 9-0303(2) and 6 NYCRR 190.8(w) by his use and maintenance of the portion of the Campers Last Stop store that is situated on State land. The ALJ conducted a hearing in accordance with the Department's enforcement hearing procedures (6 NYCRR part 622) and prepared a hearing report dated J(2015 Hearing Report). The matter was originally assigned to Administrative Law Judge (ALJ) Edward Buhrmaster. Specifically, staff of the New York State Department of Environmental Conservation (Department or DEC) alleges that respondent has encroached upon State forest preserve lands adjacent to his store, the Campers Last Stop, which is located at 324 Houseman Street, Town of Northampton, Fulton County (DeMeo property). DeMeo (respondent) of Environmental Conservation Law (ECL) article 9 and 6 NYCRR part 190. This administrative enforcement proceeding concerns alleged violations by respondent Mark A. Of Codes, Rules and Regulations of the State of New York Of New York and Title 6, Part 190 of the Official Compilation ![]() The Environmental Conservation Law (ECL) of the State In the Matter of the Alleged Violation of Article 9 of ![]()
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