March 24, 2006

Ingham County 30th Circuit Court Judge James R. Giddings has upheld a $73,800 penalty imposed by the Department of Environmental Quality upon Alphonse and Joseph Gapczynski, owners of Cash's Automotive service station, 1186 West Third Avenue, Rogers City. The penalty is the result of the Gapczynskis' failure to investigate the extent of contamination caused by releases of gasoline in December 1992 and October 1998, and to submit to the DEQ the reports required by Michigan law. The investigations and required reports were to have been completed within one year of each reported release.

“Individuals who fail to take even the most basic actions to ensure they aren't putting the environment at risk must be held accountable,” said DEQ Director Steven E. Chester.

In July 2001, following the DEQ's repeated requests for voluntary compliance from the owners, the department imposed a $5,550 administrative penalty for failure to submit the required Final Assessment Report. The Gapczynski brothers both ignored the penalty and again failed to hire a consultant to investigate the releases, causing the DEQ to impose the $73,800 penalty in April, 2002.

The Ingham County Circuit Court ordered the completion of the site investigations and placed on hold the ruling on the penalty until the site investigations were completed in late 2005.

Following the completion of the investigations, a hearing was held this month in which Judge Giddings stated that the DEQ had acted in full accordance with the law and upheld the administrative penalty against the Gapczynskis.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised March 24, 2006 by Pat Watson