Dixie Lumber Co. of Cherryville, Inc. v. North Carolina Department of Environment, Health & Natural Resources

WYNN, Judge.

Dixie Lumber Company of Cherryville, Inc. appeals the trial court’s affirmance of the Final Agency Decision of the North Carolina Department of Environment and Natural Resources (“Environmental Department”) denying reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, N.C. Gen. Stat. § 143-215.94B (1999) (“Commercial Fund”). We affirm.

In March 1998, Dixie Lumber sought reimbursement from the Commercial Fund for cleanup costs incurred by releases from two underground petroleum storage tanks on Dixie Lumber’s property. The Environmental…