Title
Sustaining adverse action against the Recycling Processing Center license held by Strategic Materials, Inc., d/b/a Strategic Materials (SMI) at 195 Minnehaha Avenue East.
Body
WHEREAS, the Recycling Processing Center license held by Strategic Materials, Inc. d/b/a Strategic Materials (SMI) for the premises located at 195 Minnehaha Avenue East in Saint Paul (License ID #20100003436) was the subject of a Notice of Violation and Notice of Intent to Suspend License on December 13, 2016; and
WHEREAS, the Notice stated the Department of Safety and Inspections (DSI) received repeated and continued complaints of dust and odor coming from the licensed premises which were substantiated by DSI Inspectors and nearby residential properties; and
WHEREAS, as a result of this third violation within the past eighteen (18) months, the licensing department recommended a $2,000.00 penalty and a ten (10) day suspension of their licenses; and
WHEREAS, on December 23, 2016, the City Attorney’s Office received a letter from the licensee’s attorney disputing the allegations and requesting an administrative hearing;
WHEREAS, a pre-hearing conference was held on June 9, 2017; and
WHEREAS, an administrative hearing was then scheduled for the week of December 11, 2017; and
WHEREAS, during the interim DSI and the City Attorney’s Office worked with the licensee and his attorney to come to a resolution of the matter; and
WHEREAS, on June 26, 2017 Deputy Director Niziolek and Licensing Manager Hudak toured the SMI facility and observed the changes and updates made by SMI management; and
WHEREAS, on June 29, 2017 an Amended Notice of Violation and Notice of Intent to Suspend License and Add Additional Conditions to License was sent to the licensee's attorney; and
WHEREAS, on August 29, 2017 a settlement was reached between the parties and a Final Settlement Agreement was sent to the licensee’s attorney for signature; and
WHEREAS, the terms agreed upon in the settlemen...
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