SURFACE MINE RECLAMATION FINES IMPOSED ON OPERATOR WHILE MINE OWNERS SQUABBLE AS TO LIABILITY

摘要

In John Cahill, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, v. Michael P. Harter et al., Appellants, 277 A.D. 2d 655 (2000), the New York State Department of Environmental Conservation (hereafter, DEC) sought enforcement of a reclamation fine levied against Michael P. Harter, who allegedly operated a mining site Otsego County, N.Y. The lower court granted DEC summary judgement and plaintiffs' motion for additional civil penalties for 100,000 dollars against defendants. Defendants appealed and the Supreme Court affirmed the trial court's order. Harvey Sand and Gravel, Inc. and its president, defendant Michael P. Harter, operate a mining site in the Town of Oneonta, Otsego County. In October 1991, defendants and plaintiff DEC entered into a consent order which resolved issues concerning defendants' violations. In late 1993, DEC commenced an administrative enforcement proceeding alleging that defendants had violated and continued to violate the 1991 consent order.