State v. Neglia

In January 2006, plaintiff Department of Environmental Conservation (hereinafter DEC) commenced an administrative enforcement proceeding against defendant, alleging that defendant was operating a noncompliant waste tire stockpile in violation of, among other things, ECL article 27 (hereinafter the Waste Tire Act). Although notice was served on defendant, he failed to respond within the legal time period, and the matter was then referred to an Administrative Law Judge (hereinafter ALJ), who, after a hearing, determined that defendant had committed 9 of the 10 violations alleged by DEC. The ALJ…