MEDEP and NHDES Enforcement Actions in 2014

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 and the compliance areas receiving a lot of attention by regulatory agencies. As a service to St.Germain Collins’ clients and friends, we are providing a summary of some MEDEP and NHDES enforcement activities during 2014 and the resulting penalties. If you would like us to help you strengthen your compliance program by conducting a review, contact Mike Rioux at (207) 591-7000, ext. 13.

In addition to our environmental health and safety services, we are also looking out for our clients by providing SENTRY EHS, a web-based compliance management solution. Visit our SENTRY EHS website for regulatory updates and to see how we can help you avoid being on this enforcement activities list in the future. To schedule a demonstration or to request more information, contact Pat Coughlin at (207) 591-7000, ext. 12.

 

 

Maine

 

AIR

Military Facility, Cutler, Maine
Violation: Failing to timely submit a stack testing report for the facility’s diesel engines. 
Penalty: $2,500

LAND

Logging Contractor, Sabattus, Maine
Violation: Filled wetlands and dredged and filled a stream during the construction of a road; filled wetland in excess of that allowed by a Department-issued permit. Contractor agreed to submit an after-the-fact application for an NRPA permit to restore the identified areas and agreed to remove unpermitted fill from other areas. 
Penalty: $10,000

Timber Products Company, Knox, Maine
Violation: Displacing soil and vegetation in and adjacent to a stream, by dewatering 200 feet of stream without a permit; discharging a pollutant (soil) to waters of the state without first obtaining a license from the Department; and exposing soil without taking measures to prevent erosion of soil or sediment. Company agreed to submit a plan to permanently stabilize the stream and stream banks. 
Penalty: $2,095

Contractor, Clinton, Maine
Violation: Filling or displacing soil or other materials and constructing a permanent structure in and adjacent to a stream and in a wetland without a permit; filling, exposing soil without implementing sufficient erosion controls to prevent erosion beyond the project site. Contractor agreed to apply for an NRPA permit or submit a restoration plan. 
Penalty: $7,350 of which $3,675 may be suspended and permanently waived if Contractor complies with all provisions of the decree.

SOLID WASTE

Septic Service Company, Charleston, Maine
Violation: Disposing of septage on five properties without a license; transporting septage to facilities not licensed or exempt from licensing; and failing to maintain and submit manifest forms for all septage transported. 
Penalty: $10,000

HAZARDOUS WASTE

School, South Berwick, Maine
Violation: Discharging photographic fixer to the sanitary system without a permit; failing to determine if wastes are hazardous; failing to label containers; storing hazardous waste for more than 90 days; accumulating more than 200 universal waste items without notifying the DEP or obtaining a U.S. EPA identification number; and other administrative violations. The school indicated it has taken correction actions to address the violations. 
Penalty: $13,700

Cleaning Company, Gray, Maine
Violation: Failing to make hazardous waste determinations on containers of waste chemicals or other materials; treating and disposing of hazardous waste on-site without a license; using a container for storage of hazardous waste beyond its design life; storing hazardous waste for more than 90 days; failing to design, construct, maintain, and operate a facility to minimize the possibility of a fire, explosion, or any release of hazardous waste; failing to manage hazardous waste in a manner to minimize risk to the environment; and other administrative violations. Company submitted a written response indicating corrective actions were completed.
Penalty: $9,250

Boatyard, Rockport, Maine
Violation: Failing to determine that waste ignitable paint thinner and/or waste oil mixed with waste ignitable paint thinner were hazardous; failing to manifest shipments of hazardous waste, failing to properly dispose of universal waste; failing to train employees and contractors who handle universal waste on proper handling; offering hazardous waste to a transporter not licensed by the State to transport hazardous waste; offering for transport hazardous waste to a facility not authorized to handle hazardous waste; and other administrative violations. Boatyard submitted a written response indicating it had taken corrective actions.
Penalty: $8,750

 

 

New Hampshire

 

AIR

School, Durham, New Hampshire
Violation: Improper performance testing and exceeding the limits for CO. 
Penalty: $9,250, of which $1,850 will be suspended provided the school remains in compliance with the agreement.

Hotel, Carroll, NH
Violation: Operating two oil-fired boilers and two emergency generators at the facility without a permit; and failing to notify DES within 30 days of changing its legal identity.
Penalty: $2,500

WATER

Well Driller, Portsmouth, New Hampshire
Violation: Placing fill in brook without a permit from DES; discharging approximately 36,250 gallons of waste to brook without a permit; and conducting restoration activities in the bed and banks of brook without the supervision of a New Hampshire certified wetlands scientist.
Penalty: $26,000

Private Homeowners, Freedom, NH
Violation: Constructing a dock on the property without a permit; and failing to submit photographic documentation demonstrating removal of the dock from the bed and bunk of the lake. 
Penalty: $10,000

Contractor, Wolfeboro, NH
Violation: Dredging and filling wetlands on the properties without a permit; failing to minimize impacts to wetlands and stream crossings on the properties, failing to install and maintain proper erosion control measures on the properties before, during and after operations; and filling approximately 1,000 linear feet of perennial stream. 
Penalty: $15,000

Cleaning Company, Pelham, NH
Violation: Discharging approximately 75 gallons of waste to a catch basin without a permit. 
Penalty: $2,000

HAZARDOUS WASTE

Factory, Keene, NH
Violation: Failing to conduct an adequate hazardous waste determination for wastewater; and failing to obtain a Standard Permit for the operation of a hazardous waste facility at the facility. 
Penalty: $9,500

Factory, Keene, NH
Violation: Failing to conduct an adequate hazardous waste determination for ignitable hazardous waste; failing to deliver hazardous waste / wastewater generated at the facility to a facility authorized to accept it; and failing to obtain a transporter registration prior to transporting hazardous waste / wastewater generated at the facility. 
Penalty: $11,000

Communications Company, Londonderry, NH
Violation: Failing to have a copy, certified by the designated facility, of hazardous waste manifests available for inspection at the facility.
Penalty: $800