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

February 07, 2012
Brown Enterprises Inc.

PRESS RELEASE – Brown Enterprises, Inc., Larry Brown d/b/a Larry Brown Excavating,
Larry Brown and Steven Brown
Environmental Violations result in State Action

For immediate release                            Contact: Attorney John Zaikowski
Date:        February 7, 2012                            802/654-8980

WINOOSKI - The Department of Environmental Conservation’s Compliance and Enforcement Division (CED) announced that it has formally settled environmental violations involving Brown Enterprises, Inc., Larry Brown d/b/a Larry Brown Excavating, Larry Brown, and Steven Brown. These entities own and operate businesses engaged in sales, rentals, and service of outdoor power equipment as well as construction and excavation. The Browns own property in Jamaica, Vermont. One property contains a garage facility. The other property is an undeveloped 90-acre parcel. The settlement includes a $50,000.00 penalty.

A CED investigation revealed that the businesses utilized the 90-acre parcel for storage, disposal, and burning activities for various hazardous and solid wastes generated by equipment servicing and construction activities associated with each business. In response to Agency directives, the Browns hired an environmental consultant and cleanup contractors and remediated the property, expending approximately $65,000.00 for remediation. At the garage facility, CED determined that approximately 20 gallons of on-road diesel fuel was spilled onto the ground during a truck fueling, with some amount discharging into a small unnamed stream. The release was remediated, and the Agency will determine whether further site work will be required.

After the investigations were completed, the Browns were 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. In it, Brown Enterprises, Inc., Larry Brown d/b/a Larry Brown Excavating, Larry Brown, and Steven Brown agreed to comply with applicable environmental law in the operation of the businesses, refrain from using the 90-acre parcel for waste management and open burning activities unless all applicable environmental permits have been obtained, and comply with Agency directives as required for corrective action at the properties. It was also agreed that a civil penalty of $50,000.00 will be paid for the violations.

Involved Programs: Air Quality Division - Field Services Section
       Waste Management and Prevention Division - Technical Services,
       Sites Management and Solid Waste Management Sections
For Further Information please contact:
John Zaikowski at 802-654-8980 or email to John.Zaikowski@state.vt.us