State of Vermont
Agency of Natural Resources
Department of Environmental Conservation
Compliance & Enforcement Division
Press Release

December 11, 2007
D & C Transportation Inc.

WATERBURY- Agency of Natural Resources Secretary George Crombie today announced that the Enforcement Division has formally settled environmental violations involving D&C Transportation, Inc. This company owns three permitted underground fuel storage tanks at the Newport Mini Mart in Newport. The settlement includes a $5,000 penalty.

Through the Agency's investigation, it was found that the electronic monitoring system's automatic in-tank and piping monitors were in multiple alarm modes and therefore the tanks and piping were not being properly monitored for a release. Following several inspections, monitoring system components were replaced, however the problem persisted. In each instance where an alarm had triggered, the company failed to report a suspected release within 24 hours of alarm activation, and failed to investigate a suspected release within 72 hours thereafter. Additionally, on-site staff was not able to provide release detection monitoring records.

The matter came to light as a result of routine and follow-up inspections. After the investigation was completed, D&C Transportation, Inc. was notified of the violations and agreed to settle the matter. It reassessed the electronic monitoring system and replaced additional defective components. No releases of gasoline were found during any of the inspections.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court on November 19, 2007. In it, D & C Transportation, Inc. agreed to conduct weekly monitoring tests of the underground storage tanks and associated piping, maintain documentation of test results at the facility, and comply with the Vermont Underground Storage Tank Rules in operating its business. It will also prepare and submit a written protocol for responding to detection alarms, which will be reviewed with the facility's employees and posted at the facility. It was also agreed that a civil penalty of $5,000 will be paid to the State of Vermont for the violations.

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

For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to