Through the Agency's investigation, it was discovered that New England Basin cleaned out approximately 2,000 gallons of water and oily solids from two catch basins and an oil/water separator located at a trucking facility in Westminster. It then disposed of the material on property owned by the town of Rockingham. Following the disposal, the company notified the town but failed to notify the state.

The company had previously used the property for disposing of storm drain grit, in an agreement with the town, but the company did not have permission from the town to dispose of the trucking facility's materials at the site. The material was tested and found to be hazardous material.

In response to Agency directives, the company promptly stabilized the site and had a consultant perform an assessment, cleanup and remediation. Following the incident, the company began developing a hazardous material protocol for its employees as part of its annual safety training program. The matter came to light as a result of a complaint from the town that was investigated by Environmental Enforcement Officer Tim McNamara.

After the investigation was completed, the company was notified of the violations and agreed to settle the matter. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on Jan. 31. In it, New England Basin Cleaner agreed to prepare and submit a written hazardous materials training program, provide certification that employees received the training, and comply with Vermont's hazardous waste management regulations. It was also agreed that a civil penalty of $8,250 will be paid to the state of Vermont for the violations.

Involved Program: Hazardous Materials, Waste Management Division of the Department of Environmental Conservation

Environmental Enforcement Officer: Tim McNamara

For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to john.zaikowski@state.vt.us