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6A. The permit expired on January 1, 2006 and therefore, there was no longer a permit to transfer. In response to the respondents' arguments against finding Mr. Loccisano personally liable, staff states that he was in a position to address the violations but failed to and therefore should be found liable. As for the claim by respondents that they were not aware of the poor operation of the facility while it was leased to others, the Department staff argues that by September 1, 2006 the respondents had retaken control of the mobile home park. In addition, staff provides a letter dated December 1, 2006 to Mr. Loccisano that details the alleged problems with the facility.
ADVANCED SEARCH FORM Utilize our advanced search form to filter the search results by Company Name, City, State, Postal Code, Filing Jurisdiction, Entity Type, Registered Agent, File Number, Filing Status, and Business Category. To survive dismissal for failure to state a claim, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is "plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 ). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. (citing Bell Atl. Corp., 550 U.S. at 555). The court will now turn to a consideration of the plaintiff's complaint under the above standards. Oneida County, located in the Mohawk Valley Region of central New York, is named in honor of the Oneida, an Iroquoian tribe.
Chenango Valley Greene Mobile Home Park
FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); see also 28 U.S.C. § 636; Fed. Retains his preincarceration domicile). Thus, plaintiff may not bring this case as a diversity action. There appears to be no other basis for bringing this eviction and foreclosure action in federal court.
He further argues that he was not aware of any violations at the facility and therefore had no opportunity to cure them. He contends that he never received the December 1, 2006 letter from Mr. Marcisofsky. Accordingly, on the issue of respondents' liability for the violations alleged, Department's motion is granted in all respects. I recommend that the Commissioner issue an order directing the relief requested with the exception of the following. The payable portion of the penalty should be ordered to be paid on a schedule so that the respondents can simultaneously address the facility's upgrade and pay penalties.
Schools serving 18218 Paradise Mountain Rd Spc 94
Young Aff., Ex. On December 16, 1977, Frank Loccisano transferred the property to Paradise Mountain Mobile Home Park, Inc. In 1981, Frank Loccisano, as owner, applied to the Department for a SPDES permit to discharge sanitary waste from 160 homes into an unnamed tributary of Nine Mile Creek, a Class D water of the state. The Department issued the permit that became effective on January 1, 1982. The discharge from the distribution box to the tertiary treatment facility shall evenly distribute the wastewater flow to prevent hydraulic or organic overloading of the system. The Mobile Home Park - New Yorks & manufactured home communities listed here represent leased lot communities and co-op parks where the park/community may be resident owned.
Plaintiff alleges that in July of 2011, he and his family were illegally evicted from their mobile home, located in defendant Paradise Mountain Mobile Home Park ("Paradise"). (Compl.; First Claim at p.5). Plaintiff claims that defendant Paradise broke into his home; confiscated his animals; boarded up the doors and windows; told him that his family was not allowed into the park; and prevented him from retrieving any of his property.
Loccisano, Frank and Paradise Mountain Mobile Home Park Inc. - Order, August 12, 2008
Respondent may not authorize or make any new connections to the collection system for the facility until a SPDES permit is issued for the facility. The measures identified in subparagraphs C and D of this Paragraph V shall be included as special conditions in any SPDES permit that Department staff may issue for the facility. A plan and implementation schedule for routine maintenance of the facility including replacement dates for facility components and equipment and a proposed budget for implementation of the routine maintenance plan. Nestled in southern California’s San Diego County, our gated senior community offers home sales of beautiful new or recently renovated manufactured homes.
Loccisano Aff., ¶¶ 2-3. On May 2, 1990, the Department issued a permit modification for the construction of a tertiary treatment system in addition to the secondary treatment. This permit prohibited any bypass of the tertiary treatment system. The permit's expiration date was January 1, 2006. All communications from respondents to Department staff concerning this matter shall be made to Ronald J. Novak, P.E., Regional Enforcement Coordinator, New York State Department of Environmental Conservation, 317 Washington Street, Watertown, New York 13601.
Respondent Frank Loccisano, as an officer of Paradise Mountain Mobile Home Park, Inc., was in a position to prevent the proven violations of the ECL and having failed to do so is personally liable for these violations. Services, LLC identified potential sources of stormwater infiltration into the facility's collection system. On or about September 1, 2006, Paradise regained full control of the facility from Windsong Mountain LP as a result of the latter entity's failure to meet its obligations under the lease agreement and to pay real property taxes. 6B; Loccisano Aff., ¶ 7.
Tancredi v. Metro Life Ins. Co., 316 F.3d 308, 312 (2d Cir. 2003) . In this case, plaintiff has named only private actors. Paradise is a mobile home park, and although plaintiff mentions an individual named Frank Lucisanno, this individual also appears to be a private actor. Vanderbuilt appears to be a Tennessee mortgage company, and plaintiff does not make any claim that Vanderbuilt is a state entity. Plaintiff makes no allegation that either Paradise or Vanderbuilt have acted under color of state law for purposes of the statute, nor does it appear from the complaint that either defendant acted in concert with the state to effect the deprivations he claims.
However, as no party has submitted any estimates of what the wastewater treatment system upgrade will cost, I am reluctant to recommend that the respondent be ordered to pay the full payable penalty immediately. Rather, I recommend that a payment schedule be developed so that the respondents can apply their resources to both addressing the facility's upgrade and paying a penalty simultaneously. In the event that the respondents fail to meet the requirements that staff has put forward in its motion papers, and which I agree the Commissioner should adopt in his order, the respondents should be required to pay the full balance of the $300,000 immediately. By letter dated June 8, 2007, Mr. Young wrote to Frank Loccisano to inform him of the discharge of pollutants into the waters of the state without a permit and to provide him with an opportunity to resolve the violations prior to the initiation of formal enforcement proceedings.
Staff should be authorized to establish this schedule. In addition, I do not find it necessary for the Commissioner to find that the facility is in poor repair. The staff is not basing its charges on these claims and the respondents will be required to do a full review of the state of the facility as part of their permit application. Therefore, such a finding is superfluous. I find that the staff's penalty request is reasonable.
While he checked off the box for type of ownership as "corporate," there is no indication on this form of any corporate entity's identity. As a result of the failure of Windsong Mountain/Robert Houle to pay rent to Paradise, Mr. Loccisano stepped in to inform the tenants that their rent should be paid to Paradise as of September 1, 2006. 6B. This letter goes on to report the measures he was taking to rectify the problems with the operation of the wastewater treatment plant. Staff argues that because the respondents had signed a consent order in 1989 to rectify the operation of this facility and because the Department staff had made repeated unsuccessful efforts to obtain compliance the penalty should be significant. Staff also requests that the Commissioner prohibit the respondents from authorizing new connections to the facility until a SPDES permit is issued and that all discharges from the facility are ceased within 120 days of the Commissioner's order unless the Department has issued the respondents a SPDES permit. Mr. Loccisano claims that he attempted to "file a new permit and was prohibited from filing same without consent of Robert Houle and Windsong Mountain . . ." He argues that it was not his responsibility that DEC failed to "take the application on behalf of " Loccisano Aff., ¶11.
Mr. Loccisano states that if the respondents must pay penalties they will not be able to afford the repairs. But there must be a penalty or those business owners who have chosen to be in compliance with environmental laws will certainly have no monetary incentive to do so. Moreover, respondents will have an unfair economic advantage over those compliant businesses. Join one of our peaceful communities in the city of Paradise, California! Under fresh, new construction, each of our five mobile home parks are being rebuilt with brand-new manufactured homes for sale along with brand new amenities and property features.
Department staff is represented by Randall C. Young, Regional Attorney of the Department's Region 6 office. The respondents are represented by Stuart E. Finer, Esq., Utica, New York. All data gathered to demonstrate compliance and all reports prepared pursuant to this order must be retained at the facility for a period of five years and made available on request by Department staff. Unless otherwise specified, all information recorded on the discharge monitoring report must be based on measurements and sampling carried out during the most recently completed reporting period. Respondents shall comply with the interim conditions and limitations that were set forth in the Schedule to Department staff's motion for order without hearing, a copy of which is attached to this order. Pursuant to 6 NYCRR 622.12, Department staff's motion for order without hearing is granted in part.
The court considers all possible grounds for relief that petitioner could be raising. See Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994) . Thus, the court will consider all possible bases for plaintiff's assertion of jurisdiction in addition to the statute that he cites in his complaint. Respondents Frank Loccisano and Paradise Mountain Mobile Home Park, Inc. are jointly and severally liable for these violations. Occasions of sanitary waste bypassing the treatment system and entering the unnamed tributary of Nine Mile Creek without tertiary treatment. Marcisofsky Aff., ¶ 13; Exs.
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