STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF CUMBERLAND 07 EHR 0937

Terry Hill
DAQ 2007-015
Petitioner
vs.
N. C. Department of Environment and
Natural Resources, Division of Air Quality
Respondent / )
)
))
)
)))) / DECISION

This contested case was heard on February 25, 2008, in Raleigh, North Carolina, by Senior Administrative Law Judge Fred G. Morrison Jr.

APPEARANCES

Petitioner appeared pro se. Appearing for Respondent was Assistant Attorney General James Holloway.

STATEMENT OF THE ISSUE

Whether Respondent properly assessed a civil penalty in the amount of $2,463.00, on May 7, 2007, for violation of North Carolina’s Open Burning Regulation, 15A NCAC 2D .1900 et seq.

FINDINGS OF FACT:

A. On 30 November 2006, the Fayetteville Regional Office of the Division of Air Quality (FRO DAQ) received a complaint from the City of Fayetteville Fire Department, that Mr. Terry Hill was demolishing a mobile home and burning the debris in a hole dug on the property. The fire department reported had been to this site on March 29, 2006, October 11, 2006, and November 29, 2006, and advised the owner that he could not burn mobile home demolition debris. The fire department had responded to a fire at this site the previous night. The location of the burn site was at Tex Rentals, 5010 Murchison Rd., Fayetteville, Cumberland County, NC.

B. On 30 November 2006, Mr. Neil Joyner, FRO DAQ, investigated this complaint. Upon arrival at the Tex Rentals site, Mr. Joyner met with Mr. Terry Hill, owner of Tex Rentals and owner of the property. Mr. Hill stated that on 29 November 2006 he had burned wooden materials from a mobile home he was tearing down on his property. He stated that he burned the materials in a hole he had dug on the property, which hole had been covered up with dirt. He stated that he burned the wooden materials for waste disposal and that he had previously burned wooden materials from demolishing a different mobile home.

C. On 30 November 2006, Mr. Terry Hill, owner of Tex Rentals, stated that he was currently burning mobile home demolition debris at his Groves Mobile Home Park on Terry Hill Street not far from the Tex Rentals burn site.

D. On 30 November 2006, Mr. Neil Joyner, FRO DAQ, arrived at the Groves Mobile Home Park site. Upon arrival, he observed a burn pit in the common area of the mobile home park which contained mobile home debris. The burn pit was near several mobile homes.

E. On 11 December 2006, FRO DAQ issued Mr. Terry Hill a Notice of Violation/Notice of Recommendation of Enforcement for burning mobile home demolition debris for waste disposal. No written response to the NOV/NRE was received from Mr. Hill.

F. The costs of investigation or inspection in this matter totaled $213.00.

CONCLUSIONS OF LAW

A. Mr. Terry Hill was in violation of 15A NCAC 2D .1900 by causing, allowing or permitting the open burning of mobile home demolition debris.

B. G..S. 143-215.114A provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any regulation adopted by the Environmental Management Commission, namely 15A NCAC 2D .1900 “Open Burning.”

C. G.S. 143-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a person who violates any regulation adopted by the Environmental Management Commission, namely 15A NCAC 2D .1900 “Open Burning.”

DECISION

The May 7, 2007, civil penalty assessment in the amount of $2,463.00 is hereby upheld.

ORDER AND NOTICE

The North Carolina Environmental Management Commission will make the Final Decision in this contested case. N.C. Gen. Stat. § 150B-36(b), (b1), (b2), and (b3) enumerate the standard of review and procedures the agency must follow in making its Final Decision, and adopting and/or not adopting the Findings of Fact and Decision of the Administrative Law Judge.

Pursuant to N.C. Gen. Stat. § 150B-36(a), before the agency makes a Final Decision in this case, it is required to give each party an opportunity to file exceptions to this decision, and to present written arguments to those in the agency who will make the Final Decision. N.C. Gen. Stat. 150B-36(b)(3) requires the agency to serve a copy of its Final Decision on each party, and furnish a copy of its Final Decision to each party’s attorney of record and to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.

This the 8th day of April, 2008.

______

Fred G. Morrison Jr.

Senior Administrative Law Judge

2

2