Through the Agency's investigation, it was discovered that the Evans Group Inc., in the course of doing business in 2002, failed to conduct maintenance or testing of its vapor recovery systems as required by Vermont Air Pollution Control Regulations.

Additionally, in early 2003 at the Evans Expressmart in Hartford, an overfill of an underground storage tank resulted in a diesel fuel spill. This incident was not reported to the state as required by law. Emergency response actions that were taken by the respondent were inadequate and diesel fuel was released to a small stream which feeds the White River.

The Hartford Fire Department reported the spill to the Department of Environmental Conservation's Spill Response team. After an investigation by Environmental Enforcement Officer Tim McNamara was completed, the Evans Group, 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 December 31, 2003. In it, the Evans Group, Inc. agreed to come into compliance with the regulations. It was also agreed that a civil penalty of $5,000 will be paid to the State of Vermont for the violations and a $10,000 supplemental environmental project will be funded.

Involved Programs: Air Pollution Control and Waste Management Divisions of the Department of Environmental Conservation

Environmental Enforcement Officer: Tim McNamara
For Further Information please contact:
Attorney Catherine Gjessing at 802-241-3820