Overcash v. North Carolina Department of Environment & Natural Resources

GEER, Judge.

Petitioner Ronald Gold Overcash appeals from the Cabarrus County Superior Court’s judgment upholding a final agency decision of the Environmental Management Commission (the “EMC”), imposing penalties in the total amount of $125,880.26 as a result of Overcash’s violations of underground storage tank regulations. Overcash argues primarily that he was incorrectly required to bear the burden of proving that he did not violate the regulations and that the findings of fact adopted by the EMC are inadequate. Because the controlling case law places the burden of proof on the petitioner in…