Roll, Inc. v. Grannis

The Department of Environmental Conservation (hereinafter DEC) brought an enforcement proceeding against petitioner in January 2006 alleging that, as owner and operator of an underground storage tank (hereinafter UST) at a closed gas station, petitioner was in violation of ECL article 17 and its accompanying regulations even though petitioner was not the owner of the real property. When settlement negotiations failed, DEC amended the complaint to allege additional violations in September 2006. After a hearing, respondent determined that petitioner, as the owner and operator of the UST, was in…