MEDEP AND NHDES ENFORCEMENT ACTIONS IN 2013

Knowing the type of enforcement actions initiated by the Maine Department of Environmental Protection and the New Hampshire Department of Environmental Services can help you better understand what pitfalls to avoid. As a service to St.Germain Collins’ clients and friends, we are providing a summary of some MEDEP and NHDES enforcement activities during 2013 and the resulting penalties. 

We are also looking out for our clients by providing Sentry EHS compliance management services. Check out our new Sentry EHS website for regulatory updates and to see how Sentry EHS can help you avoid being on this list in the future. To schedule a demonstration or request more information, contact Pat Coughlin at (207) 591-7000, ext. 12. 

MAINE

LAND

Real Estate Developer, Saco, Maine
Violation: Failed to follow erosion and sedimentation control plans and caused pollutants to be discharged into waters of the State. 
Penalty: $15,600

Construction Company, Readfield, Maine 
Violation: Failed to put an effective erosion control in place while creating a 22-acre field. After a significant rain event, large quantities of run-off containing pollutants were discharged into a stream and pond. 
Penalty: $50,000 and agreement to have all employees certified in Erosion and Sediment Control Practices, hire a third-party inspector for all projects greater than 5 acres, and not allowed to bid on or enter into any contract with the MEDEP until December 31, 2014.

Long Creek Watershed Property Owner, South Portland, Maine
Violation: Failed to obtain either an individual Maine Pollutant Discharge Elimination System permit or coverage under the Department’s General Permit – Post Construction Discharge of Stormwater in the Long Creek Watershed for designated discharges into waters of the state, specifically Long Creek. Cleared 22,500 square feet of forested wetland and “open space” area that was to remain undisturbed. 
Penalty: $37,870, of which $17,870 will be waived if property owner complies with the requirements of the Consent Decree and Order which requires a participating landowner agreement with the Long Creek Watershed Management District. 

HAZARDOUS WASTE

Marina, Thomaston, Maine
Violation: Failed to correctly label, contain, and ship hazardous waste off-site within 90 days of the accumulation start date. 
Penalty: $3,500 fine 

Electronic Waste Recycler, Auburn and Newport, Maine
Violation: Failed to timely submit annual report, provide results of worker safety, anti-exposure measures, and medical monitoring plan, failed to obtain Department approval of the results of facility inspection by a professional industrial hygienist, and failed to certify and document closure of former consolidation facility. Violated several provisions of the Department’s rules concerning Identification of Hazardous Wastes
Penalty: $88,384, of which $43,384 will be waived if company continues to comply with Department requirements. 

OIL STORAGE AND MANAGEMENT

Convenience and Gasoline Retailer, Auburn, Maine
Violation: Installed two underground storage tanks without registering the tanks with the Department at least ten business days prior to installation. 
Penalty: $5,000 fine

AIR 

Mill, Lincoln, Maine
Violation: Exceeded emission limits for particulate matter and volatile organic compounds. 
Penalty: $4,760 fine. Mill has subsequently installed new control equipment as a corrective action and amended its air emission license to address the change. 

SOLID WASTE

Landfill, Fort Fairfield, Maine
Violation: Allowed uncontrolled leachate discharge into storm water conveyances, failed to place adequate daily cover over waste in the active cell of the landfill, and provided inadequate litter control. 
Penalty: $3,565 fine, with $2,852 offset for the purpose of conducting a household hazardous waste collection project in northern Maine. Landfill has subsequently ceased unlicensed discharge, placed covers over disposed waste, and complied with storm water requirements. 

NEW HAMPSHIRE

HAZARDOUS WASTE

Electronics Manufacturer, Salem, New Hampshire
Violation: Failed to maintain a wastewater treatment unit inspection log, failed to conduct adequate hazardous waste determination for lab pack waste, failed to maintain an adequate personnel training program, failed to maintain an adequate contingency plan, and failed to have a copy of 12 hazardous waste manifests certified by the designated facility. 
Penalty: $6,000 fine 

Waste Management Company, Keene, New Hampshire
Violation: Failed to notify DES of facility changes, failed to ship hazardous waste off-site within 90 days of accumulation start date, failed to document weekly inspections of the hazardous waste storage area, failed to maintain an adequate personnel training program, failed to familiarize local authorities with the facility and associated hazards, failed to maintain an adequate contingency plan, failed to submit to DES copies of hazardous waste manifests within five days of shipment, and certifying and submitting inaccurate quarterly reports to DES. 
Penalty: $12,640 proposed fine, however DES agreed to reduce several fines by 10 or 20% for settlement. 

Metal Refining and Electronic Recycler, Merrimack, New Hampshire
Violation: Failed to obtain a permit for the storage and/or treatment of hazardous waste and accepted ten shipments of hazardous waste, failed to conduct an adequate waste determination on waste sodium hydroxide, failed to provide hazardous waste training for various employees over several years, failed to mark containers with the words “Hazardous Waste,” and failed to submit an unmanifested waste report to DES within 15 days of accepting a hazardous waste without an accompanying manifest. 
Penalty: $27,000 proposed fine, however DES agreed not to seek penalties on several violations for settlement purposes.