CHARLESTON -- The Actor Director of the Division of Water and Waste Management of the West Virginia Department of Environmental Protection is suing Necessary Oil Co. for policy violations.

On Oct. 8, 2009, the Department of Protection issued the defendant a Notice of Civil Administrative Policy based on a Notice of Violation dated Sept. 15, 2009, in the amount of $3,832.50, according to a complaint filed Dec. 12 in Kanawha Circuit Court.

Scott G. Mandirola claims an informal Hearing for Civil Administrative Penalty was conducted on Jan. 14, 2010, and it was determined that the original assessment in the amount of $3,832.50 was upheld.

Subsequent to the informal hearing, the defendant indicated that it wanted its ability to pay a civil administrative penalty evaluated and would forward the necessary financial information within 10 days of the hearing date, according to the suit, however the defendant did not submit the necessary information.

Mandirola claims on Feb. 4, 2010, the DEP issued another Notice of Civil Administrative Penalty based on a Notice of Violation dated Oct. 6, 2009, in the amount of $2,920.

The defendant has failed to remit payment to the DEP, according to the suit.

Mandirola is seeking damages in the amount of $6,772.50 with interest. He is being represented by Jonathan C. Frame.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-2216

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