NHDES AND VTDEC ENFORCEMENT ACTIONS IN 2012

Knowing the type of enforcement actions initiated by state regulatory agencies can help you better understand what pitfalls to avoid. As a service to St.Germain Collins’ clients and friends, we have compiled some New Hampshire Department of Environmental Services (NHDES) and Vermont Department of Environmental Conservation (VTDEC) enforcement activities during 2012 and the resulting penalties. 

We are also looking out for our clients by providing our online Environmental Sentry management program. Check it out on our website to see how it can help you avoid being on this list in the future. To schedule a demonstration or request more information, contact Patrick Coughlin at patrickc@stgermaincollins.com or (207) 591-7000, ext. 12.

Vermont 

LAND 

Private Residence, Barre, Vermont 
Violation: Site work including clearing, grading, dredging, filling, and creating a small pond within a wetland and buffer zone was initiated without applying for or receiving a Conditional Use Determination. A driveway was also discovered to be previously constructed through the wetland. 
Penalty: $6,000 fine, required to hire a wetland consultant, submit a remediation plan, complete remediation of the site and monitor the wetland for invasive species. 

Private Trust Property, Lunenburg, Vermont 
Violation: Excavation and clearing of protected wetlands and installation of three spring tiles and a waterline in the wetland in violation of Vermont Wetland Rules. 
Penalty: $14,220 fine and remediation and restoration of the wetland. 

OIL STORAGE AND MANAGEMENT/HAZARDOUS WASTE

Construction and Excavation Company, Jamaica, Vermont 
Violation: Storage, disposal, and burning of various hazardous and solid wastes associated with equipment servicing and construction activities without obtaining applicable environmental permits. 20 gallons of on-road diesel fuel was spilled during truck filling, resulting in some discharge to a nearby stream. 
Penalty: $50,000 fine and approximately $65,000 in consulting and remediation costs. 

AIR

Gasoline Station Operators, South Burlington, Vermont
Violation: Failure to conduct 5-year re-tests of Stage II vapor recovery systems at three facilities. Installation of new dispensers without providing appropriate triple data encryption standard (TDES) documentation at a number of facilities. 
Penalty: $12,750 fine.

New Hampshire 

LAND

Construction Contractor, Conway, New Hampshire
Violation: Placing approximately 3,320 sq. ft. of fill in wetlands without a permit from DES, failure to comply with conditions of DES Permit including proper siltation/erosion/turbidity controls, appropriate inspection and maintenance of controls during construction, and appropriate stormwater management and erosion control Best Management Practices (BMPs). 
Penalty: $8,000 fine.

HAZARDOUS WASTE

Dry Cleaners, Portsmouth, New Hampshire
Violation: Failure to notify DES prior to conducting hazardous waste activities, failure to conduct adequate hazardous waste determinations, the use of storage practices that pose a hazard to human health, failure to maintain spill and fire control equipment, failure to conduct weekly inspections of hazardous waste storage areas, failure to ensure employees are familiar with proper waste handling procedures, failure to forward copies of hazardous waste manifests to DES within 5 days of shipment, failure to include correct information on hazardous waste manifests, and more. 
Penalty: $45,450 fine.

Industrial Facility, Nashua, New Hampshire
Violation: Disposing of hazardous waste spent solvent by discharging into the air, failure to conduct adequate hazardous waste determinations, failure to close and label containers of hazardous waste. 
Penalty: $5,700 fine. 

Manufacturer, Merrimack, New Hampshire
Violation: Failure to conduct adequate hazardous waste determination, failure to use storage practices that do not pose a hazard to human health or the environment, failure to document weekly inspections, failure to document personnel training, failure to maintain an adequate contingency plan, and failure to correctly store and label universal waste. 
Penalty: $3,600 fine.

AIR 

Manufacturer, Nashua, New Hampshire
Violation: Violations: Exceedance of 24-hour ambient air limit for toluene on several dates, failure to update regulated toxic air pollutant (RTAP) compliance demonstration following an exhaust stack configuration change, and failure to submit timely annual emission-based fees for the facility. 
Penalty: $9,505 fine.

EPA ACTIONS IN NEW HAMPSHIRE

Additional Cleanup at South Municipal Water Supply Well Superfund Site
EPA issued a First Modification to Administrative Order and Statement of Work to New Hampshire Ball Bearings, Inc. (NHBB) and Minebea Co for $13.6 million in additional cleanup work at the 250-acre South Municipal Water Supply Well Superfund Site in Petersborough, N.H. 

The well provided water to the Town of Peterborough, N.H. for nearly 30 years. In 1982, the state conducted a routine sampling of their water supply and found contaminants in the South Well, at which time it was shut down. The source of the contamination was thought to be the NHBB facility, located 1,200 feet west of the well. Major source areas include discharges from three drainage outfalls, an inactive leachfield, and drainage from a tank truck used to haul waste from the facility. A brook located 200 feet from the facility drains into a wetland area and Noone Pond before emptying into the Contoocook River. In 1972 the facility connected to the town sewer line and discharges to the leach field and sump ceased. Periodic on-site dumping of a 275-gallon tank truck containing waste solvents ceased in the late 1970s. Floor drains in the plant were sealed in 1983. 

The soils near the NHBB facility and surface water in the adjacent wetlands were contaminated with volatile organic compounds (VOCs) including chloroform, benzene, and toluene. Wetland sediments also were contaminated with VOCs and polychlorinated biphenyls (PCBs). Groundwater is contaminated with VOCs.