Enforcement Actions 2015

Knowing the type of enforcement actions initiated by the Environmental Protection Agency (EPA), the Maine Department of Environmental Protection (MEDEP) and the New Hampshire Department of Environmental Services (NHDES) can help you better understand the compliance areas receiving a lot of attention by regulatory agencies.

As a service to St.Germain Collins’ clients and friends, we provide this summary of some EPA, MEDEP and NHDES enforcement activities during 2015 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 or any member of our EHS compliance team.

  Environmental Protection Agency, Region 1 – New England

Transportation company in Penobscot County, Maine
Violation(s):  Lack of Spill Prevention, Control, and Countermeasure (SPCC) Plans at two of their locations, and inadequate secondary containment.
Penalty:  $10,500

Transportation company in Kennebec County, Maine
Violation(s):  Failure to comply with Maine Multi-Sector General Permit (MSGP) for Stormwater Discharge and failure to fully implement an SPCC plan.
Penalty:  $62,000

Laboratory in Grafton County, New Hampshire
Violation(s):  Violations of the Clean Air Act and Risk Management Program (RMP) regulations.
Penalty:  $85,059

Municipality’s wastewater treatment facility – New Hampshire
Violation(s):  Failure to comply with National Pollutant Discharge Elimination System (NPDES) permit, and improperly operating the wastewater treatment facility.
Penalty:  $15,000

Paper manufacturer in Hampden County, Massachusetts
Violation(s):  Failure to report the use of a nitrate compound in Toxic Release Inventory (TRI) Forms as required by the Emergency Planning and Community Right-to-know Act (EPCRA).
Penalty:  $42,569

Manufacturing company – Worcester County, Massachusetts
Violation(s):  Failure to submit Toxic Release Inventory (TRI) forms in a timely fashion for three chemicals including nickel, cobalt and chromium.
Penalty:  $10,584

  Maine Department of Environmental Protection

LAND

Land owner in Cumberland County, Maine
Violation(s):  Altering freshwater wetlands (by converting it to lawn) without first obtaining a permit.
Penalty:  $3,761

SOLID WASTE & OIL

Trucking and recycling company in Aroostook County, Maine
Violation(s):  Discharging oil to groundwater or other waters of the State or onto lands adjacent to, on, or over such waters, failing to immediately undertake to remove prohibited oil discharges, and by not reporting the oil discharges failed to handle fuels from motor vehicles so that they do no leak, flow or discharge onto the ground; and establishing solid waste facilities without a permit.
Penalty: $31,900, which will be suspended contingent on full and timely compliance with conditions of the consent decree.

Development company in York County, Maine
Violation(s):  Failing to remove two out of service tanks and associated piping. These tanks were out of service under prior ownership of the property.
Penalty:  $2,460, which will be suspended pending successful completion of all other conditions and provision of the agreement with the Maine Department of Environmental Protection.

SOLID WASTE & WATER

Solid waste company in Knox County, Maine
Violation(s):  Discharging leachate from a holding tank into an unnamed freshwater brook after being filtered through a wood chip berm, without a permit.
Penalty:  $2,620

WATER

Food manufacturing company in Waldo County, Maine
Violation(s):  Exceeding wastewater discharge license limits and failing to submit adequate wastewater and non-contact cooling water data per license requirements.
Penalty:  $15,090

Farm in Aroostook County, Maine
Violation(s):  Discharging pollutants to water of the State without first obtaining a license and by causing an unnamed tributary to fail to meet Class B Standard due to fungal overgrowth of the steam habitat.
Penalty: $1,000 to the State of Maine, and $4,000 to fund Northern Maine Development Commission’s Sweet Grass Pilot Wetland Enforcement Project.

HAZARDOUS & UNIVERSAL WASTE

Boat builder in York County, Maine
Violation(s):  Failing to determine that wastes generated were hazardous, failing to label wastes properly, failing to keep containers closed appropriately, failing to store containers in a manner that allows for inspection and remedial action, failing to have a containment and collection system in the hazardous waste storage area, failing to conduct and record weekly inspections of hazardous waste containers, and discharging hazardous matter without a license; discharging oil onto lands adjacent to, on, or over waters of the state; and sending universal waste to a facility that was not authorized and failing to train all employees and contractors in proper handling of universal waste.
Penalty: $4,900

  New Hampshire Department of Environmental Services

HAZARDOUS WASTE, SOLID WASTE & OIL 

Motor vehicle recycling facility in Coös County, New Hampshire
Violation(s):  Failing to properly manage used oil; failing to properly manage universal waste including batteries and anti-freeze; spilling oil on the property, failing to properly clean up spills, and failing to notify NHDES of the spills; operating a facility on the property, without registering and managing the facility as a regulated AST (above-ground storage tank) system; improperly managing and storing lead-acid batteries in a manner to prevent leakage onto the soil or into the groundwater; failing to properly manage ash produced, collected and stored on the property; operating a solid waste facility without a permit from NHDES, failing to properly manage regulated containers; burning non-conforming materials including C&D (construction and demolition debris) on the property.
Penalty:  $10,500

HAZARDOUS WASTE

Dry cleaner #1 in Rockingham County, New Hampshire
Violation(s):  Failing to perform an adequate hazardous waste determination on the treated dry cleaning separator water generated at the facility; disposing of hazardous waste to a publicly-owned treatment works which is not authorized to accept hazardous waste in New Hampshire without a permit from NHDES; and failing to close and mark containers that stored hazardous waste.
Proposed penalty: $3,200

Dry cleaner #2 in Rockingham County, New Hampshire
Violation(s):  Failing to obtain a standard permit for operation of a hazardous waste facility; failing to conduct an adequate hazardous waste determination for containers with unidentified contents; and failing to perform weekly inspections of the hazardous waste storage area at the facility.
Penalty:  $2,700

Manufacturer in Hillsborough County, New Hampshire
Violation(s):  Failing to perform an adequate hazardous waste determination on waste generated at facility; and disposing the hazardous waste at an unauthorized facility. 
Penalty:  $3,100

Manufacturer in Hillsborough County, New Hampshire
Violation(s):  Disposing of or causing to be disposed of hazardous waste at an unauthorized facility; failing to obtain a Limited Permit for the operation of a hazardous waste elementary neutralization/wastewater treatment unit; and failing to conduct an adequate hazardous waste determination for certain waste streams.
Penalty:  $17,700

UNDERGROUND STORAGE TANKS

Gas station in Sullivan County, New Hampshire
Violation(s):  Operating a facility on the property without trained or certified class A, B and C operators; failing to submit a complete Statement of Training for the facility; failing to post operator response guidelines; failing to post a listing of Class C operators assigned to the facility; failing to conduct monthly visual inspections of and /or failing to record the result of each inspection in a report, and/or failing to make the report available for NHDES inspection; and failing to replace hoses on the gasoline dispensers within 30 days of notice that hoses were not operating or being maintained properly.
Proposed penalty: $12,000