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

February 23, 2011
Commonwealth Construction, LLC and Michael Morgan

WATERBURY - The Department of Environmental Conservation’s Compliance and Enforcement Division today announced that it has formally settled environmental violations involving Commonwealth Construction, LLC and Michael Morgan. Commonwealth Construction, LLC is a Vermont-registered foreign corporation doing business in Vermont. Michael Morgan owns property in Westminster, Vermont known as the Basin Farm. The settlement includes a $9,250 penalty.

Through the Agency’s investigation, it was discovered that Commonwealth Construction utilized Morgan’s property as a staging and sorting area for debris from a demolition and construction project in Bellows Falls. This activity is prohibited under Vermont statute and Solid Waste Management Rules. In the process debris was also burned in violation of State Air Pollution Control Regulations. Pursuant to Agency directives, Commonwealth ceased these activities and promptly disposed of all solid waste at a certified facility.

The matter came to light as a result of a citizen complaint which was investigated by Environmental Enforcement Officer Tim McNamara. After the investigation was completed, Commonwealth Construction, LLC and Michael Morgan 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, Commonwealth Construction, LLC agreed to pay a civil penalty of $9,250 to the State of Vermont for the violations and to comply with State environmental laws in the operation of its business. Michael Morgan agreed to comply with State environmental laws and refrain from allowing the property to be used for solid waste management and open burning activities unless all applicable environmental permits have been obtained.

Involved EEO: Tim McNamara
Involved Programs: Air Pollution Control and Waste Management Divisions
For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to john.zaikowski@state.vt.us