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

September 29, 2010
William E. Dailey, Inc.

WATERBURY - The Department of Environmental Conservation’s Compliance and Enforcement Division today announced that it has formally settled environmental violations involving William E. Dailey, Inc. This company operates a hot mix asphalt batch plant in Shaftsbury and twice exceeded the emission limits for particulate matter listed in its air pollution control permit. The settlement includes a $1,900 penalty and a $6,000 Supplemental Environmental Project (SEP).

Through the Agency’s investigation, it was discovered that William E. Dailey, Inc. exceeded its emission limits for particulate matter discharged by the plant while burning waste oil as fuel in the plant’s rotary dryer during a regularly scheduled test on August 19, 2008. It conducted a retest on November 4, 2008 and again exceeded particulate matter limits under the permit. A Notices of Alleged Violation was issued after each failed test.

The matter came to light as a result of routine testing required by the company’s air permit. After the agency’s investigation was completed, William E. Dailey, Inc. was notified of the violations and agreed to settle the matter. The company identified the cause of the violations, conducted the necessary repairs and modifications to the facility, and performed additional stack testing on May 21, 2009 that confirmed the emissions were in compliance.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court. Under the terms of the agreement, William E. Dailey, Inc. agreed to comply with the air pollution control regulations and its air permit in the operation of the facility. It was also agreed that William E. Dailey, Inc. will pay a civil penalty of $1,900 to the State of Vermont and fund a $6,000 SEP.

Involved Program: Air Pollution Control Division of the Department of Environmental Conservation
For Further Information please contact:
Alex Elliott at 802-241-3820 or email to