State of Vermont
May 22, 2007
Through the Agency's investigation, it was discovered that Roy Coleman & Sons, Inc., in the course of doing business, was contracted to demolish the Birkenhous Hotel in Stratton. Instead of having the demolition debris appropriately hauled away, respondent hauled the material to its property. Some of it was burned and it took a number of months to complete the cleanup. Respondent did not have a waste hauler permit. Numerous hazardous waste storage violations and an unpermitted diesel underground storage tank (UST) were also discovered.
The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Tim McNamara. After the investigation was completed, Roy Coleman & Sons, Inc. 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 May 18, 2007. In it, Roy Coleman & Sons, Inc. agreed to remove the UST, have a site assessment performed, and pay a $9,850 penalty. It will also pay $3,400 in overdue UST assessment fees for the period October 1989 through October 2006. Respondent previously properly disposed of the debris, corrected the hazardous waste violations and stopped using the UST.
Environmental Enforcement Officer: Tim McNamara
|VT DEC Compliance & Enforcement Division - 1 National Life Drive, Davis 2 - Montpelier, VT 05620-3803 - Tele: 802-828-1254|