Through the Agency’s investigation, it was discovered that A. Marcelino & Company failed to implement sedimentation and erosion control measures according to its Construction General Permit, Erosion Prevention and Sediment Control Plan, and Conditional Use Permit. As a result, sediment was deposited in a wetland and discharges of sediment laden stormwater went to a tributary of the Winooski River.

The matter came to light as a result of agency inspection. An Emergency Order was issued in the fall of 2008 and A Marcelino & Company, Inc. subsequently stabilized the construction site and agreed to settle the matter.

The settlement was converted to an Assurance of Discontinuance and was so ordered by the Environmental Court. In it, A. Marcelino & Company, Inc. agreed to hire a wetland consultant, submit a remediation plan, perform wetland remediation, assess planting, monitor for planting viability and invasive species, and comply with applicable laws and permits. It was also agreed that it will pay a civil penalty of $20,000 to the State of Vermont for the violations.

Involved Program: Water Quality Division of the Department of Environmental Conservation
For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to john.zaikowski@state.vt.us