Ober v. Department of Environmental Protection

Appellant Stephen Ober (Ober) appeals from an order of the Department of Environmental Protection (D.E.P.) reversing the recommendation of a hearing officer, thus denying Ober reimbursement for the clean-up of storage tanks and contaminated soil on Ober’s property. We reverse.

Ober is the owner of property in Daytona Beach which had been leased and used as an AAMCO transmission shop in the 1980’s. The property contained five underground storage tanks and a 55 gallon oil/water separator. In 1987, the Volusia County Environmental Control Division inspected the site and determined that it was…