State of Vermont
April 27, 2011
The Court found that in July 2008 the Tenneys violated State Air and Solid Waste environmental rules by conducting and allowing open burning of various prohibited materials on their property. These materials included plastic material, assorted metal, fiberglass material, plywood, mattresses, tires, automotive parts including a car battery, foam material, and upholstery. Further Agency investigation revealed that the Tenneys also disposed of similar solid waste, including a tire pile containing over 1,000 used tires, on their property and therefore outside of a certified solid waste management facility. Following the burning activities, the Tenneys installed two mobile homes on the property but failed to obtain a wastewater and potable water supply permit for this new construction.
The violations were documented during an investigation conducted by Environmental Enforcement Officer Tim McNamara. Following the investigation the Tenneys were notified of the violations and conducted a cleanup of the solid waste, but failed to clean up the tire pile or obtain a wastewater and potable water supply permit for the mobile homes.
The Agency sought to resolve the matter prior to court action. When the effort failed, the Agency issued an Administrative Order and the Tenneys requested a hearing. The Tenneys subsequently removed the tire pile and obtained a wastewater and potable water supply permit for the mobile homes. After a one-day trial, the Environmental Court considered the evidence presented and found that the Tenneys had committed the alleged violations and ordered them to pay a $14,700.00 penalty. The Court also directed the Tenneys to either complete construction of the approved water supply and wastewater system for the mobile homes or remove the homes by October 1, 2011, with an additional penalty of $7,483.40 if they do not comply with that directive.
Involved EEO: Tim McNamara
For Further Information please contact:
|VT DEC Compliance & Enforcement Division - 1 National Life Drive, Davis 2 - Montpelier, VT 05620-3803 - Tele: 802-828-1254|