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State of Vermont Compliance & Enforcement Division Press Releases Grand Isle School District WATERBURY- Agency of Natural Resources Secretary Scott Johnstone today announced that the Enforcement Division has formally settled an environmental violation involving the Grand Isle school District. The settlement includes a $1,200 supplemental environmental project. Through the Agency's investigation, it was discovered that the Grand Isle School District failed to comply with the reporting and monitoring requirements of its indirect discharge permit. It also failed to maintain a certified treatment facility operator, as required. It continued to do so despite numerous reminders from the Wastewater Management Division. The matter came to light as a result of the agency's routine inspection. After the investigation was completed, the Grand Isle School District 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 14, 2001. In it, the Grand Isle School District agreed to comply with its permit requirements and be more vigilant about doing so in the future. It also agreed to fund a $1,200 supplemental environmental project. Involved Program: Wastewater Management Division of the Department of Environmental Conservation Richard Deso Waterbury - The Vermont Environmental court has issued a wake up call to polluters who deliberately avoid their environmental responsibilities and damage the state's natural resources. A former St Albans gas station owner was assessed a fine of $210,274 after being found liable for providing false reports to the Agency of Natural Resources, underpaying underground storage tank fees and failing to install a fuel vapor recovery system. In a decision handed down this past week, Judge Merideth Wright ordered Richard Deso of St Albans pay $100,000, the maximum allowed by law. Mr Deso was found to have made a considerable profit at the expense of Vermont's environment and the court determined he gave false reports to the Agency about how much fuel he sold in an attempt to avoid his environmental protection responsibilities. "I'm pleased that the court recognized the need for a significant penalty," Agency Secretary Scott Johnstone said. In her decision, Judge Wright said Deso's false reports to the Agency "were a serious violation in a regulatory program that relies on compliance and self-reporting to achieve high statewide levels of environmental protection..the air pollution control program cannot function unless those regulated by the system understand the benefits of accurate reporting, the risks of false reporting, and unless there is a serious likelihood of serious consequences for such false reporting." Deso was also required to pay a fine equivalent to five times the underpaid underground storage tank fees ($4,800), a penalty for providing false information to the Agency ($5,427), and a penalty for failing to install a Stage II Vapor Recovery system ($200,474). Air pollution control regulations enacted in 1994 require gas stations that sell 400,000 or more gallons of fuel annually to have Stage II Vapor Recovery systems that return fuel vapors to the station's underground storage tank while consumers are filling their cars. Gasoline vapor contains a toxic mix of chemical compounds, including benzene, toluene and xylene . Exposure to these compounds has been linked to developmental disorders and cancer. Gasoline vapors are also a key ingredient in the creation of ground-level ozone, which is associated with global warming. The court determined that Deso under reported his fuel throughput figures between 1994 and 1999 to avoid having to install the vapor recovery system. Northern State Correctional Facility WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled several environmental violations involving the state's Northern State Correctional Facility in Newport . The settlement includes a $3,600 supplemental environmental project. Through the Agency's investigation, several air pollution violations were discovered at the Northern State Correctional Facility's woodworking shop and heating plant. The required fee was not sent to the Air Pollution Control Division when more than a specified amount of air contaminates were emitted, and it failed to apply for an operating permit necessary for this facility. Additionally, there were no required air filters at spray painting stations and records regarding the amount of finish coating used annually were not kept as required by the state permit. The matter came to light as a result of inspections by the Air Pollution Control Division in 1997 and 2001, during which the same violations were uncovered. After the investigation was completed, the Agency of Administration 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 November 27. In it, the Agency of Administration agreed to correct all problems and establish procedures to avoid future violations. It will also fund a $3,600 supplemental environmental project. Involved Program: Air Pollution Control Division, Department of Environmental Conservation Buildings and General Services Department WATERBURY- Agency of Natural Resources Secretary Scott Johnstone today announced that the Enforcement Division has formally settled an environmental violation involving the state of Vermont 's Buildings and General Services Department in the town of Middlesex . The settlement includes a $5,000 supplemental environmental project. In 1996 this Department self-reported to the Agency a release of chemicals used in photo processing and printing operations at the print shop. They were discharged into the waste water disposal system and went into an on-site leach field. An analysis of samples collected in 1999 indicated a continued discharge of hazardous wastes. After the Agency completed its investigation, the Buildings and General Services Department agreed to settle the matter. The Department has worked cooperatively with the Sites Management section of the Hazardous Materials Program to monitor the site and take steps to eliminate and test for discharges. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on November 7, 2001. In it, Buildings and General Services Department agreed to continue to work with the Sites Management section and fund a $5,000 supplemental environmental project. Involved Program: Sites Management Section of the Waste Management Division's Hazardous Materials Program, Department of Environmental Conservation Intervale Condominium Owner's Association,
Inc. WATERBURY- Agency of Natural Resources Secretary Scott Johnstone today announced that the Enforcement Division has formally settled an environmental violation involving Intervale Condominium Owner's Association in Winhall . The settlement includes a $700 supplemental environmental project. The Intervale Condominium Owner's Association is authorized , pursuant to its indirect discharge permit, to indirectly discharge treated sewage from an existing spray disposal system to the ground water and indirectly into a tributary of the Winhall River . Through the Agency's investigation, it was discovered that the association failed to submit several months of chemical monitoring reports as required by its permit. The matter came to light as a result of the Agency's routine compliance monitoring. After the investigation was completed, the Intervale Condominium Owner's Association 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 October 26, 2001. In it, the Intervale Condominium Owner's Association agreed to submit the missing reports and fund a $700 supplemental environmental project. Involved Program: Wastewater Management Division of the Department of Environmental Conservation Town of Bennington WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving the Town of Bennington . The settlement includes a $2,000 supplemental environmental project. Through the Agency's routine inspections and a subsequent investigation, it was discovered that the Town of Bennington allowed L&W Recycling to handle used and junk tires out of the town's transfer station. At times, as many as 13 trailer loads of tires were stored there. The interim certification allowed for no more than one trailer load of tires to be stored at the facility at a time. Over the course of several years, the Agency repeatedly told the respondent to bring the facility into compliance. This was finally achieved this summer after the initiation of the enforcement action. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on August 30. In it, the Town of Bennington agreed to comply with its certification and fund a $2,000 supplemental environmental project. Involved Program: Waste Management Division's Solid Waste Program, Department of Environmental Conservation Allen Brothers, Inc. WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Allen Brothers, Inc., a corporation which owns and operates a combination grocery store, gas station, restaurant and garden center located on U.S. Route 5 in Westminster . The settlement includes a $4,000 supplemental environmental project. Through an investigation, the Agency discovered that Allen Brothers, Inc, in the course of doing business, placed fill in and near the Class II wetland on its property without a conditional use determination, as required by state law. The corporation also installed two sets of gasoline pumps without obtaining an amendment to its water supply and wastewater disposal permit and conducted impermissible open burning. The matter came to light after Environmental Enforcement Officer Tim McNamara observed the illegal filling of the wetland. After the investigation was completed, Allen Brothers, 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 August 27. In it, Allen Brothers, Inc., agreed to submit plans for the water supply and waste water disposal permit application, install an approved system and come into compliance with applicable environmental regulations. The company will also fund a supplemental environmental project in the amount of $4,000. Involved Programs: Water Quality, Wastewater Management, Water Supply, and Air Pollution Control Divisions of the Department of Environmental Conservation Environmental Enforcement Officer: Tim McNamara Cabot Hosiery Mills WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Cabot Hosery Mills, Inc., a Northfield sock manufacturer. The settlement includes a $1,500 penalty and $5,000 toward a supplemental environmental project. Through an investigation, the Agency discovered that Cabot Hosiery Mills, Inc., in the course of doing business, failed to comply with the terms of its dying operation's pretreatment discharge permit. This occurred when the company allowed overflows from its holding tank onto the ground, exceeded permit limitations for copper and failed to install flow monitoring equipment as required by its permit. The matter came to light as a result of an anonymous citizen complaint which was investigated by Environmental Enforcement Officer Sean McVeigh. After the investigation was completed, Cabot Hosiery Mills 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 August 2. In it, Cabot Hosiery Mills agreed to take the necessary steps to bring the facility into compliance with its permit, pay a civil penalty of $1,500 to the State of Vermont for the violations and fund a $5,000 supplemental environmental project. Involved Program: Wastewater Management Division, Department of Environmental Conservation Environmental Enforcement Officer: Sean McVeigh Harbour Industries, Inc. WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Harbour Industries, Inc., a Delaware corporation which owns and operates a wire and cable manufacturing company in Shelburne . The settlement includes a $1,700 penalty and $5,000 for a supplemental environmental project. Through an investigation, the Agency discovered that Harbour Industries, Inc., in the course of doing business, had violated a number of hazardous waste management rules. These included: failure to cover and properly label containers that contained cleaning and hazardous wastes, failure to determine whether waste mixtures met the definition of listed hazardous wastes, failure to post required emergency information next to each telephone where hazardous waste was being handled, failure to maintain an inventory of hazardous wastes located at the facility, failure to perform daily inspections, and failure to retain on file copies of hazardous waste manifests for a minimum of three years. The matter came to light as a result of routine Agency compliance inspections. After the investigation was completed, Harbour Industries 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 July 3. In it, Harbour Industries agreed to take corrective actions, pay a $1,700 civil penalty to the State of Vermont for the violations and fund a $5,000 supplemental environmental project. Involved Program: Hazardous Materials, Waste Management Division of the Department of Environmental Conservation S. B. Collins, Inc. WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving S.B. Collins, Inc., which owns Derby Short Stop, a gasoline dispensing facility in Derby . The settlement includes a $7,000 supplemental environmental project. Through an investigation, the Agency discovered that S.B. Collins improperly bypassed the Stage II vapor recovery system at the Derby Short Stop. After experiencing some problems which it could not quickly fix, the respondent disconnected several vacuum pumps essential to the operation of the Stage II system. Although the vapor recovery system was thereby disabled, the company continued to pump and sell gas at this facility. The matter came to light as a result of a routine compliance inspection by the Air Pollution Control Division of the Agency. After the investigation was completed, S. B. Collins, 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 June 28. In it, S.B. Collins agreed to re-test the dispensers at this facility to ensure that the vapor recovery system had been fully repaired and was back in compliance with air pollution control regulations. The company also agreed to fund a $7,000 supplemental environmental project. Involved Program: Air Pollution Control Division, Department of Environmental Conservation Blair's Trucking, Inc. WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled environmental violations involving Blair's Trucking, Inc., an Alburg business which collects used oils. The settlement includes the funding of a $1,000 supplemental environmental project. Through an investigation, the Agency discovered that Blair's Trucking improperly stored and transported 60 drums of used oil. The drums were stored directly on the ground rather than on an impervious surface, were not protected from the elements and were not visibly labeled. Although the respondent was provided with the names of permitted haulers, he removed the drums from the site without using one. All were violations of state regulations. The drums were, however, transported to an appropriate facility. The matter came to light as a result of a citizen complaint which was investigated by Environmental Enforcement Officer John Klauzenberg . After the investigation was completed, Blair's Trucking 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 June 28. In it, Blair's Trucking, Inc., agreed to comply with the Vermont Hazardous Waste Management Rules and fund a $1,000 supplemental environmental project. Involved Program: Waste Management Division, Department of Environmental Conservation Environmental Enforcement Officer: John Klauzenberg E.A. Grandfield, Inc. WATERBURY- Agency of Natural Resources Secretary Scott Johnstone today announced that the Enforcement Division has formally settled an environmental violation involving E. A. Grandfield, Inc., an excavation business located in Moretown . The settlement includes a $1,000 penalty and $4,500 supplemental environmental project. Through the Agency's investigation, it was discovered that E. A. Grandfield, Inc. constructed an earthfill dam to create a pond on property located in Fayston . The dam began to leak and was not repaired in a timely manner. It ultimately breached on September 8, 2000 causing a silt discharge into a nearby tributary of the Mad River . The silt made its way to the Mad River causing it to run turbid. The matter came to light as a result of citizen complaint that was investigated by Environmental Enforcement Officer Sean McVeigh. After the investigation was completed, E. A. Grandfield 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 June 6, 2001. In it, E. A. Grandfield, Inc. agreed to pay a civil penalty of $1,000 to the State of Vermont for the violations and fund a $4,500 Supplemental Environmental Project. It was also agreed that if the dam is rebuilt, the respondent will hire an engineer to oversee the design and construction so that it will not fail again. Involved Program: Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: Sean McVeigh The Windham Foundation WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled environmental violations involving the Windham Foundation, Inc., sole shareholder of its subsidiary, the Grafton Village Cheese Company. The Agency of Natural Resources issued an indirect discharge permit to the foundation in November 1999 authorizing the application of non-sewage dairy processing whey and washwater produced by Grafton Village Cheese Company to several approved fields. On December 27 and December 28, 2000, Environmental Enforcement Officer Timothy McNamara responded to an anonymous citizen complaint regarding the foundation's application of the non-sewage dairy processing whey and washwater to an approved field. Upon investigation, McNamara discovered that there was no indication that either a spreader bar or spray nozzle was used to apply the waste, in violation of a condition of the discharge permit. McNamara also discovered that the Windham Foundation failed to maintain, in each disposal vehicle, a bound daily journal with pre-numbered pages pursuant to the conditions of the permit. The foundation, however, had entered the data required by the permit in a master journal, and it submitted that data to the Agency in a timely manner. When notified of the violations, the foundation promptly corrected them. The foundation also agreed to settle the matter with an assurance of discontinuance, so ordered by the Environmental Court on May 11. In it, the Windham Foundation agreed to contribute $2,500 toward a supplemental environmental project. Involved Program: Wastewater Management Division, Department of Environmental Conservation Involved EEO: Timothy McNamara Gates Salvage Yard WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Gates Salvage Yard, Inc., which operates an automobile salvage yard in Hardwick. The settlement includes a $2,000 penalty and $7,000 for a supplemental environmental project. Through an investigation, the Agency discovered that Gates Salvage Yard, Inc., in the course of doing business, allowed automobile fluids to escape onto the ground and failed to determine if certain wastes were hazardous. The yard's operators also improperly disposed of waste by drumming it and shipping it to Canada with scrap metal loads. The matter came to light as a result of several citizen complaints. After the investigation was completed and an administrative order was filed on November 17, Gates Salvage Yard agreed to settle the matter. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on May 8. In it, Gates Salvage Yard agreed to properly dispose of all hazardous waste stored on site, perform a site investigation and submit a work plan to the Agency that details a corrective action plan for remediation of the site. Gates Salvage Yard also agreed to pay a civil penalty of $2,000 to the State of Vermont for the violations and to pay $7,000 toward a supplemental environmental project. Involved Program: Hazardous Materials, Waste Management Division of the Department of Environmental Conservation Lisa and Vincent Williamson, L&W
Recycling, LLC and Scruggs Transport WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has entered into a stipulated emergency order with Lisa and Vincent Williamson, who operate L&W Recycling, LLC, and Scruggs Transport in the towns of Bennington and Shaftsbury. Through the Agency's investigation, it was discovered that the Williamsons, in the course of doing business, stored and sorted tires without a solid waste certification, as required by state law. The emergency order specifies where and how tires are to be properly sorted, how they may be properly transported, where they may be properly disposed and the timeframe for doing so. It also states that within 15 days of the signing of the emergency order, all scrap tires in the state that are owned by the Williamsons must be transported to a certified solid waste management facility either in Vermont or out of state. The matter came to light as a result of routine oversight by the Agency's Waste Management Division. The emergency order was so ordered by the Environmental Court on May 3. Involved Program: Waste Management Division, Department of Environmental Conservation Waterville Water Cooperative WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving the Waterville Water Cooperative, which owns a public water supply system in Waterville . The settlement includes $500 toward a supplemental environmental project. Through the Agency's investigation, it was discovered that Waterville Water Cooperative, in the course of doing business, failed to: recommend and install corrosion control treatment, issue public notice, submit a source protection plan, and submit monthly reports as required by state law. The matter came to light as a result of the Agency's routine compliance monitoring. After the investigation was completed, the cooperative 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 May 4. In it, the Waterville Water Cooperative agreed to come into compliance with the applicable regulations. The cooperative also agreed to fund a supplemental environmental project in the amount of $500. Involved Program: Water Quality Division, Department of Environmental Conservation D. Thomas Burns / Shady Pines Mobile
Home Park WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving D. Thomas Burns, who owns and operates the Shady Pines Mobile Home Park and its water supply system in Westminster . The settlement includes a $2,000 toward a supplemental environmental project. Through the Agency's investigation, it was discovered that Burns failed to recommend and install corrosion control treatment within required time periods, submit a source protection plan and submit monthly reports regarding the water system, as required by state law. The matter came to light as a result of the Agency's routine compliance monitoring. After the investigation was completed, Burns was notified of the violations and agreed to settle the matter. He soon afterwards came into compliance with the corrosion control aspects of the case. The settlement was then reduced to an assurance of discontinuance and was so ordered by the Environmental Court on May 2. In it, Burns agreed to come into compliance with the remaining, applicable regulations. He also agreed to fund a supplemental environmental project in the amount of $2,000. Involved Program: Water Supply Division of the Department of Environmental Conservation Lake Champlain Transportation Company WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Lake Champlain Transportation Company, which owned the Birchwood Manor Mobile Home Park in Milton until December 15, 2000, when it was sold to the Housing Foundation, Inc. The settlement includes $5,000 for a supplemental environmental project. Through an investigation, the Agency discovered that Lake Champlain Transportation Company, while it owned Birchwood Manor Mobile Home Park , violated the terms of its indirect discharge permit. The permit authorized the discharge of treated domestic sewage from the existing subsurface disposal system serving Birchwood to the groundwater and indirectly to the Lamoille River . The company failed to implement repair and maintenance recommendations, failed to submit a schedule for maintenance and repair recommendations, failed to adequately lime, fence and post signs around an area of surfacing sewage despite numerous requests by the Agency, and failed to submit a permit application to the Agency's Essex Regional Office. The matter came to light as a result of routine regulatory oversight. After the investigation was completed, Lake Champlain Transportation Company 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 April 24. As part of the settlement, Lake Champlain Transportation Company agreed to fund a $5,000 supplemental environmental project. Involved Program: Wastewater Management Division, Department of Environmental Conservation Hemlock Ridge at Killington Owners Association WATERBURY-- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Hemlock Ridge at Killington Owners Association, Inc., which owns a public water supply system in Killington. The settlement includes $1,500 for a supplemental environmental project. Through its investigation, the Agency discovered that the owners association had failed to conduct required water quality testing and issue public notice as required by law. The matter came to light as a result of regulatory review by the Water Supply Division. After the investigation was completed, Hemlock Ridge at Killington Owners Association, 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 April 23. In it, the association agreed to conduct all water quality testing in accordance with state regulations. It was also agreed to fund a supplemental environmental project in the amount of $1,500. Involved Program: Water Supply Division of the Department of Environmental Conservation George Huntington WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving George Huntington, who owns property on Sand Hill Road in Bradford . The settlement includes a $4,000 penalty and $4,000 for a supplemental environmental project. Through an Agency investigation, it was discovered that Huntington had illegally burned and buried waste on his property dating back to March 1996. After Environmental Enforcement Officer Kathryn Patch's investigation was completed, Huntington 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 March 16. In it, Huntington agreed to remove all the illegally disposed waste and take it to a certified facility. It was also agreed that a civil penalty of $4,000 will be paid to the State of Vermont and $4,000 will fund a supplemental environmental project. Involved Program: Solid Waste Program, Waste Management Division of the Department of Environmental Conservation Environmental Enforcement Officer: Kathryn Patch Midway Oil Company WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled environmental violations involving the Midway Oil Company of Rutland , which owns the Middlebury Exxon and Wallingford Mobil gasoline stations. The settlement includes a $4,500 supplemental environmental project. In September and November of last year, representatives of the Agency's Waste Management Division conducted inspections at Middlebury Exxon and Wallingford Mobil. It was discovered that there were deficiencies in the piping release detection systems which prevented accurate leak detection at both stations. In addition, a liquid sensor associated with the release detection monitoring system for one pump at Wallingford Mobil had been in alarm state since August 2000 but had not reported, as required by state regulations. Agency personnel found no evidence of a release of hazardous materials to the environment during the inspections. The Agency notified Midway Oil of the violations and it promptly initiated the work necessary to correct the violations. An assurance of discontinuance settled the matters and was so ordered by the Environmental Court on March 12. In it, Midway Oil agreed to come into compliance with the applicable regulations and to fund a $4,500.00 environmentally beneficial supplemental environmental project. Involved Program: Waste Management Division of the Department of Environmental Conservation Press Release -Judge Development Corporation WATERBURY -- Agency of Natural Resources Secretary Scott Johnstone today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Judge Development Corporation, which owns property at the Taft Corner Shopping Center in Williston. In 1984, the town of Williston reported petroleum contamination at the site to the Agency. The Agency subsequently directed Judge Development Corporation to address the contamination at the site. The corporation conducted a significant amount of work at the site in recent years, but has failed to consistently conduct and submit quarterly monitoring reports, restart the remedial system at the site and redrill and install monitoring wells. The matter came to light as a result of routine monitoring by the Sites Management Section of the Department of Environmental Conservation's Waste Management Division. After the investigation was completed, Judge Development Corporation 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 March 12. In it, Judge Development Corporation agreed to a compliance schedule. The corporation also agreed to pay a civil penalty of $2,000 and fund an $8,000 supplemental environmental project. Involved Program: Sites Management Section of the Department of Environmental Conservation's Waste Management Division OMYA Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone announced that the Enforcement Division has formally settled an environmental violation involving OMYA, Inc., a company that grinds limestone at the OMYA West - Verpol Plant in Florence . Through the Agency's investigation, it was discovered that OMYA Inc. had three significant, unpermitted discharge events over a five month period beginning in late 1999. While they were reported to the Agency as required, each resulted in a discharge of calcium carbonate to Smith Pond and its tributaries. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on February 14, 2001. In it, OMYA Inc. agreed to comply with the conditions of their discharge permits. It was also agreed that OMYA Inc. would pay a civil penalty of $1,550 to the State of Vermont for the violations and fund a Supplemental Environmental Project in the amount of $6,500. Involved Program: Wastewater Management Division of the Department of Environmental Conservation President and Fellows of Middlebury College WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving the President and Fellows of Middlebury College, a corporation which owns and operates a private, liberal arts college in Middlebury. Through the Agency's investigation, it was discovered that Middlebury College failed to abide by conditions of their Air Pollution Control Permit when it failed to submit fuel quality certification reports, meet design requirements, submit a quality assurance plan, submit emission reports for its continuous opacity (i.e. smoke) monitor for a new boiler, and notify the Agency regarding 3 milestones related to the construction and operation of the new boiler in its central heating plant. The matter came to light as a result of routine regulatory oversight. The President and Fellows of Middlebury College 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 February 9, 2001. In it, the President and Fellows of Middlebury College agreed to come into compliance with the applicable permit conditions and to fund a Supplemental Environmental Project (SEP) in the amount of $3,500 to the EVermont Electric Vehicle Demonstration project and the Clean Cities effort. On its own initiative, the respondent contributed an additional $2,000 to these projects. Involved Program: Air Pollution Control Division of the Department of Environmental Conservation Johnson & Dix Fuel Corporation WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Johnson & Dix Fuel Corporation which operates Grampy's Travel Center , a gas station in Springfield . Through the Agency's investigation, it was discovered that Johnson & Dix Fuel Corporation failed to meet underground storage tank regulations when it did not conduct release detection monitoring and did not report a confirmed release of gasoline in a timely manner. It also failed to maintain its Stage I vapor recovery system. Finally, respondent did not install a Stage II vapor recovery system by December 31, 2000, as required by Air Pollution Control regulations. The matter came to light as a result of inspections at the facility by representatives of the Department of Environmental Conservation's Waste Management Division. After the investigation was completed , Johnson & Dix Fuel Corporation 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 February 1, 2001. In it, Johnson & Dix Fuel Corporation agreed to install an approved Stage II vapor recovery system by May 1, 2001 and monitor the release detection equipment as required by state regulations. It was also agreed to pay a $1,000 penalty and fund a $4,500 Supplemental Environmental Project. Involved Program: Hazardous Materials Program, Waste Management Division and the Air Pollution Control Division of the Department of Environmental Conservation A.S. Clark & Sons WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving. A.S. Clark & Sons, a construction company in Newfane. Through the Agency's investigation, it was discovered that A.S. Clark & Sons did not follow the terms of a stream alteration permit issued to Graham Gordon. The permit approved the stabilization with rock rip rap of approximately 60 linear feet of stream bank along the Smith Brook in Newfane. It also directed that the work be done by a certain date and that the permittee to notify the Department of Environmental Conservation when the work commenced and when it was completed. A.S. Clark & Sons failed to do either and did the work after the permit expired. 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, A.S. Clark & Sons was notified of the violations and agreed to settle the matters. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on February 1, 2001. In it, A.S. Clark & Sons agreed to fund a $1,500 Supplemental Environmental Project. Involved Program: Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: Tim McNamara Prime Timber Company, L.L.C. Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled environmental violations involving Prime Timber Company, L.L.C. located in Lyme , New Hampshire . In June of 2000, in response to a complaint, Agency personnel including environmental enforcement officer Tim Blake, conducted a site visit to a logging operation managed by Prime Timber Company, L.L.C. in Barnard , Vermont . Agency personnel observed that fill and eroded material had been placed in Class II wetlands and that the flow of water to the wetlands had been altered by ditching along the road and diverting an inlet stream. Prime Timber did not obtain a Condition Use Determination from the Agency as required by the Vermont Wetlands Regulations. The Agency notified Prime Timber Company, L.L.C. of the violations and the company promptly agreed to correct the violations and settle the matter. The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court on February 1, 2001. In it, Prime Timber agreed to fund a $2,000.00 environmentally beneficial Supplemental Environmental Project which will focus on water quality. Involved Program: Wetlands, Water Quality Division of DEC Environmental Enforcement Officer: Tim Blake Barre City WATERBURY --Today, Secretary of the Agency of Natural Resources Scott Johnstone announced that the Enforcement Division has formally settled an environmental violation involving Barre City . Pursuant to their discharge permit, Barre City is authorized to discharge treated effluent from its wastewater treatment facility. However, the condition of the sodium hyphchlorite and sodium aluminate feed systems at the facility did not conform with the condition of the permit. On October 28, 1999 Barre City discharged an unspecified amount of hypochlorite and effluent which had not been treated with chlorine to the Stevens Branch of the Winooski River . The matter came to light as a result of an anonymous citizen complaint that was investigated by Environmental Enforcement Officer Sean McVeigh. Barre City 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 February 1, 2001. In it, Barre City agreed comply with its discharge permit and fund a $11,000 Supplemental Environmental Project. Involved Program: Wastewater Management Division of the Department of Environmental Conservation Environmental Enforcement Officer: Sean McVeigh James A. Palmisano , Esq. WATERBURY --Today Secretary of the Agency of Natural Resources Scott Johnstone announced that the Enforcement Division has formally settled an environmental violation involving James A. Palmisano , Esq. who has an office in Montpelier . In the summer of 2000, Palmisano obtained a permit to repair and stabilize the top of the banks on the Winooski River behind his office, but did not follow its conditions when he rip-rapped the entire bank with stone far smaller than approved. Stone was also placed in the river itself, which was another violation of the permit. The matter came to light as a result of citizen complaints which were investigated by Environmental Enforcement Officer Sean McVeigh. After the investigation was completed, Palmisano was notified of the violations and took remedial steps that included the installation of erosion control matting to keep the stone in place. The violations were settled with an assurance of discontinuance and was so ordered by the Environmental Court on January 17, 2001. In it, James A. Palmisano , Esq. agreed to pay a civil penalty of $ 1,700 to the State of Vermont for the violations. Involved Program: Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: Sean McVeigh Mack Molding Company Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled environmental violations involving the Mack Molding Company that owns a plastic molding manufacturing company located in Arlington , Vermont . On August 22, 2000, Agency Hazardous Materials Specialist, Sherri Kasten, conducted a routine compliance evaluation inspection of the Mack Molding Company facility located at 79 East Arlington Road . Kasten discovered that Mack Molding was in violation of Vermont Hazardous Waste Management Regulations regarding the handling and tracking of used paint thinners, mercury switches, and oily absorbents. These materials are designated as hazardous waste under Vermont law. Specifically, Mack Molding failed to: make hazardous waste determinations, properly mark or manage hazardous waste containers as required, file and submit manifests, and mark or cover used oil. In addition, Mack Molding had deficiencies in their emergency contingency plan, daily inspection, inventory log, and personnel training procedures. Agency personnel found no evidence of a release of hazardous materials to the environment during the inspection. The Agency notified Mack Molding of the violations and the company corrected them immediately upon notification and agreed to settle the matter. The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court on January 22, 2001. In it, Mack Molding agreed to fund a $22,500 environmentally beneficial Supplemental Environmental Project. In addition Mack Molding agreed to pay a $5,000.00 civil penalty. On its own initiative, Mack Molding drafted and initiated a long term plan to ensure the proper training of personnel that handle used oil and hazardous waste materials produced in its manufacturing processes. Involved Program: Hazardous Waste, Waste Management Division of DEC Sugar Run Association, Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Sugar Run Association, Inc., which owns a public water supply system in Waitsfield. Through the Agency's regulatory review it was discovered that Sugar Run Association, Inc. failed to conduct some of the required water quality testing from 1994-98, issue public notice and submit monthly reports, as required by the Vermont Water Supply Rules. Sugar Run Association, 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 20, 2000. In it, the respondent agreed to submit monthly reports and conduct water quality monitoring in accordance with the regulations. It will also fund a supplemental environmental project in the amount of $4,000. Involved Program: Water Supply Division of the Department of Environmental Conservation St. Johnsbury Fire District #1 WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving St. Johnsbury Fire District #1 which owns a public water supply system in St. Johnsbury . Through the Agency's regulatory review, it was discovered that the St. Johnsbury Fire District #1 failed to issue public notice to the users of the system as directed by the Agency. It also failed to conduct water quality monitoring as required by the Vermont Water Supply Rules. The fire district 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 20, 2000. In it, St. Johnsbury Fire District #1 agreed to conduct water quality monitoring in accordance with the regulations. It was also agreed that they will fund a supplemental environmental project in the amount of $1,500. Involved Program: Water Supply Division of the Department of Environmental Conservation Champlain Cable Corporation WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Champlain Cable Corporation, a company that makes cable at its facility in Colchester . Through the Agency's investigation, it was discovered that Champlain Cable Corporation, in the course of doing business, failed to comply with a number of hazardous waste storage and handling requirements. The matter came to light as a result of a compliance inspection after alleged violations were discovered during a December 1999 inspection by the Waste Management Division. After the investigation was completed, Champlain Cable Corporation 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 November 14, 2000. In it, Champlain Cable Corporation agreed to pay a civil penalty of $5,000 to the State of Vermont for the violations and fund a $10,000 Supplemental Environmental Project. Involved Program: Waste Management Division of the Department of Environmental Conservation Peter Holl WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Peter Holl , a logger working on a job in the town of Rockingham . Through the Agency's investigation, it was discovered that Peter Holl did not follow acceptable management practices which resulted in a major silt discharge into a small stream that flowed into the Connecticut River in March of 1999. He had been instructed by the state to hire an engineer, but failed to take his advice to install a large culvert and do other work to stabilize the site. 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, Peter Holl was notified of the violations and agreed to settle the matter. The necessary culvert has been installed and other site remediation steps have been taken. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on November 3, 2000. In it, Peter Holl agreed to pay a civil penalty of $7,500 to the State of Vermont for the violations. Involved Program: Forest and Parks Department Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: Tim McNamara Vermont Agency of Transportation WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation in the town of Windsor , involving the Vermont Agency of Transportation. The matter came to light when Environmental Enforcement Officer Tim McNamara noticed and investigated the source of brown smoke coming from the Agency of Transportation's garage property. Through the Agency's investigation, it was discovered that the Vermont Agency of Transportation conducted an unpermitted open burn of road side debris and also built and operated an unpermitted incinerator in which another burn occurred. After the investigation was completed, the Agency of Transportation 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 November 7, 2000. In it, the Agency of Transportation agreed to dismantle and property dispose of the incinerator. It will also fund a $4,000 Supplemental Environmental Project to EVermont that will enable them to provide an electric vehicle to six school districts for use in educational activities. Involved Program: Air Pollution Control Division of the Department of Environmental Conservation Environmental Enforcement Officer: Tim McNamara Town of Pawlet WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving the town of Pawlet . The town of Pawlet notified the Solid Waste Management Division that the facility would cease accepting waste as of March 1, 1999. Pursuant to their Solid Waste Management Facility Certification, the town then had 90 days to close and cap its landfill, but failed to do so. By September of 2000 the closing and capping had been substantially completed and the town of Pawlet agreed to settle the matter. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on October 18, 2000. In it, the town of Pawlet agreed to comply with the Agency approved closure plan. It will also fund a $3,000 supplemental environmental project to the Poultney Mettowee Watershed Partnership for a demonstration project that includes the installation of pre-cast concrete sediment collectors on roads that run along the Mettowee River . These structures will reduce the amount of sedimentation that enters the river from gravel, salt and sand run-off. Involved Program: Waste Management Division, Department of Environmental Conservation T.N. Associates, Inc. Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving T.N. Associates, Inc. which owns Topnotch in Stowe. Pursuant to routine regulatory oversight, the Water Supply Division discovered that T. N. Associates had failed to issue public notice as directed by the Division, in accordance with Vermont Water Supply Rules. When notified of the violation, T.N. Associates, Inc. responded promptly and agreed to settle the matter with an Assurance of Discontinuance. The settlement was adopted by the Environmental Court as a Court Order on October 9, 2000. Pursuant to the Assurance, T. N. Associates, Inc. will fund a $1,500 Supplemental Environmental Project. Involved Program: Water Supply Division of the Department of Environmental Conservation Fairfax Heights Water Cooperative WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Fairfax Heights Water Cooperate, a water system in the town of Fairfax . Fairfax Heights Water Cooperative failed to perform some of the required water quality testing from 1994-98. It also failed to issue public notice as directed by the Agency. The matter came to light as a result of regulatory review by the Water Supply Division. Fairfax Heights Water Cooperative 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 October 9, 2000. In it, Fairfax Heights Water Cooperative agreed to conduct water quality monitoring in accordance with the regulations and conducted water quality testing prior to signing the assurance. It was also agreed that a Supplemental Environmental Project will be funded in the amount of $1,000. Involved Program: Water Supply Division of the Department of Environmental Conservation Ethan Allen Manufacturing Corp. WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Ethan Allen Manufacturing Corp., a furniture manufacturing company with facilities in Beecher Falls , Island Pond, Orleans , and Randolph , Vermont . Inspections by the Hazardous Materials Program of the Department of Environmental Conservation's Waste Management Division revealed that Ethan Allen Manufacturing Corp. violated several hazardous waste regulations. These included failed to properly handle some waste streams, resulting in the spontaneous combustion of filter waste stored outside one facility; failure to properly identify waste as hazardous and failed to keep accurate inventory logs at several facilities; and failure to adequately train employees in how to properly deal with hazardous waste. After the investigation was complete, Ethan Allen Manufacturing Corp. admitted to 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 September 29. In it , Ethan Allen Manufacturing Corp. agreed to comply with all state regulations. Ethan Allen Manufacturing Corp. also agreed to pay a civil penalty of $ 5,000 to the State of Vermont , and will fund a $25,000 Supplemental Environmental Project. Involved Program: Hazardous Materials Program of the Department of Environmental Conservation's Waste Management Division Bell Atlantic - Vermont Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Bell Atlantic - Vermont . This matter dates back to April 18, 2000, when Environmental Enforcement Officer Sean McVeigh observed that some earthwork had taken place in Dobson Pond, a Class II wetland located in Woodbury , Vermont . Upon further investigation it was discovered that Bell Atlantic - Vermont hired a contractor to secure a telephone and power utility pole and that the contractor excavated and filled an area of the Class II wetland. The work was conducted without a conditional use determination, in violation of the Vermont Wetland Rules. When the Agency notified Respondent of the violation, Bell Atlantic - Vermont promptly corrected the violation and agreed to settle the matter with an assurance of discontinuance. The settlement was adopted by the Environmental Court as a Court Order on September 15, 2000. Pursuant to the assurance, Bell Atlantic - Vermont will fund a $4,200.00 supplemental environmental project for the purchase of a 17 acre wetland in Woodbury , Vermont . At its own initiative Bell Atlantic - Vermont will be donating an additional $800.00 to the Woodbury Conservation Commission, recipient of the supplemental environmental project funding, to insure the viability of the project. The wetland will be subject to a conservation easement. Involved Program: Water Quality Division Environmental Enforcement Officer: Sean McVeigh Village of Waterbury WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving the Village of Waterbury . Through an investigation, the Agency discovered that the Village of Waterbury 's drinking water treatment facility released sodium hypocholorite into Thatcher Brook in early July, killing aquatic life in the brook for at least half a mile. The matter came to light as a result of a citizen complaint which was investigated by Environmental Enforcement Officer Sean McVeigh. He discovered that there had been a break in a line resulting in the release of sodium hypocholoriate onto the floor, which was then flushed down a floor drain and exited into a steep, rock-lined drainage ditch that flowed into the brook. When the investigation was completed, the Village of Waterbury 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 August 30, 2000. The settlement requires that the Village of Waterbury take steps to ensure that chemicals will not be released from the plant in the future, most of which have been done. The village also agreed to fund an $8,500.00 supplemental environmental project. Involved Program: Wastewater Management Division of the Department of Environmental Conservation Environmental Enforcement Officer: Sean McVeigh Brookside Parks, Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving Brookside Parks, Inc. which operates a public water system that serves year round residents in Colchester . An Agency investigation revealed that Brookside Parks, Inc. failed to perform some of the required water quality testing between 1994 and 1998. It also failed to issue public notice to the residents of the park as directed by the Agency's notice of alleged violation regarding the monitoring violations. The matter came to light as a result of regulatory review by the Water Supply Division. After the investigation was completed, the Agency notified Brookside Parks, Inc. of the violations, and Brookside agreed to settle the matter. The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on August 23, 2000. In it, Brookside Parks, Inc. agreed to conduct water quality monitoring in accordance with the regulations, which was done prior to signing the assurance. Brookside Parks, Inc. also agreed to fund a supplemental environmental project in the amount of $1,000. Involved Program: Water Supply Division of the Department of Environmental Conservation MAM, L.L.C. WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving MAM, L.L.C. (Mobile Acres Water System), a public water system that serves year round residents in the town of Randolph . Through the Agency's investigation, it was discovered that MAM, L.L.C., in the course of doing business, failed to perform some of the required water quality testing between 1994 and 1998. It also failed to issue public notice to the residents of the park as directed by the Agency's notice of alleged violation regarding the monitoring violations. The matter came to light as a result of regulatory review by the Water Supply Division. After the investigation was completed, MAM., L.L.C. 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 August 23, 2000. In it, MAM, L.L.C. agreed to conduct water quality monitoring in accordance with the regulations, which was done prior to signing the assurance. It was also agreed that they will fund a Supplemental Environmental Project in the amount of $1,000. Involved Program: Water Supply Division of the Department of Environmental Conservation J.A. McDonald and Vermont Agency of Transportation WATERBURY --Today the Secretary of the Agency of Natural Resources, Scott Johnstone , announced that the Enforcement Division has formally settled an environmental violation involving J. A. McDonald and the Vermont Agency of Transportation. J. A. McDonald is a construction company that was under contract with the Vermont Agency of Transportation (AOT) to replace the LaPlatte River bridge on Route 7 in Shelburne at the time of the violation. Through the Agency's investigation, it was discovered that J. A. McDonald, while working on a footing for the new bridge, failed to install a cofferdam to keep silt out of the river during excavation . This resulted in the discharge of silt into the river for several days, which was a violation of state law and AOT's Act 250 permit. This violation took place with the knowledge of the AOT Resident Engineer. The matter came to light as a result of notification by one of the Agency's stream alteration engineers. After an investigation by Environmental Enforcement Officer John Klauzenberg was completed, J. A. McDonald and the AOT 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 on July 13, 2000. In it the AOT agreed to sponsor training for all its resident engineering staff on the importance of protecting state waters and the need to comply with all state permits. It was also agreed that J. A. McDonald and the AOT will pay a civil penalty of $2,500 to the State of Vermont for the violations and fund a supplemental environmental project in the amount of $10,000. Involved Program: Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: John Klauzenberg Town of Bethel The Vermont Department of Environmental Conservation announced today that the inadequate disinfection of wastewater originating from the Bethel, VT wastewater treatment plant has been corrected. All the samples taken this week from within the facility and analyzed by the VTDEC Laboratory have been below the permitted level of 77 E coli /100 ml. The Vermont Department of Health, through Town Health Officers, has been monitoring water quality along the White River this week. Based on samples analyzed thus far, some recreational areas have been posted with warning signs. The town beaches that are affected have signs requesting people to refrain from swimming in the White River . The Town Health Officers will continue testing the recreational waters and keep the warnings in place until the water is safe for swimming. Since the announcement of a disinfection problem at the facility on July 7, 2000 the Department has obtained an Emergency Judicial Order requiring that the Town of Bethel take immediate corrective action. Steps were taken by the Town of Bethel that have resulted in an improvement in the effluent discharge. Under the Emergency Order obtained by VTDEC the Town of Bethel is required to have a Vermont Professional Engineer continue to investigate the cause of the lack of adequate disinfection and evaluate the general operating condition and maintenance practices at the facility. VTDEC will continue to monitor the situation and has required that the Town of Bethel perform daily E coli testing at the facility to insure that it is operating within its permitted discharge limitations. For questions related to the facility contact Gary Kessler, Senior Environmental Enforcement Attorney 241 -3820 For questions related to recreation, or other uses within the affected area of the White River , contact your Town Health Officer. Bradford Village Water System Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving the Bradford Village Water System. In a case referred to the Enforcement Division by the Water Supply Division, the Bradford Village Water System had failed to conduct some water quality monitoring, and to issue public notice regarding the failure to conduct water quality monitoring, as directed by the Water Supply Division pursuant to water supply rules. The Agency notified Bradford Village Water System of the violations. All required water quality monitoring had been completed. Bradford Village Water System agreed to settle the matter with an assurance of discontinuance. The settlement was adopted by the Environmental Court as a Court Order on June 12, 2000. In it, Bradford Village Water System agreed to fund a $2,620 Supplemental Environmental Project. Involved Program: Water Supply Division of the Division of Environmental Conservation Leisure Living Parks, Inc. Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Leisure Living Parks, Inc. Leisure Living Parks, Inc. owns and operates public water supply systems which serve the residents of Merrimac Mobile Home Park and Woodside Manor Mobile Home Park located in White River Junction. From 1994 to 1998 Leisure Living Parks, Inc. failed to conduct some of the water quality monitoring required by law. The Agency notified Leisure Living Parks, Inc. of the violations. All required water quality monitoring has been conducted. Leisure Living Parks, Inc. agreed to settle the matter with an assurance of discontinuance. The settlement was adopted by the Environmental Court as a Court Order on June 12, 2000. In it, Leisure Living Parks, Inc. agreed to fund a $8,325.00 supplemental environmental project. Involved Program: Water Supply Division of the Department of Environmental Conservation Town of Brandon Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving the Town of Brandon Wastewater Treatment Facility . The town of Brandon is authorized to discharge treated effluent from its Wastewater Treatment Facility into the Neshobe River pursuant to a discharge permit. In December 1999, the facility's north oxidation ditch gear box bearing broke. The town was unable to use the south oxidation ditch during the time period that the north oxidation ditch was being repaired because the south ditch was in disrepair and had been out of commission since June of 1999. In addition, the respondent did not have a complete extra set of bearings and seals for one rotor shaft on hand. These conditions were violations of the conditions of the Respondent's discharge permit. The Agency notified the Town of Brandon of the violations and the town promptly corrected them. The Town of Brandon agreed to settle the matter with an assurance of discontinuance. The settlement was adopted by the Environmental Court as a Court Order on June 12, 2000. In it, Brandon agreed to fund a $4,500.00 Supplemental Environmental Project. Involved Program: Wastewater Management Division of the Department of Environmental Conservation J. W. Sandri of Vermont, Inc. Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving J.W. Sandri of Vermont, Inc. On January 11, 2000 Agency Environmental Enforcement Officer Timothy McNamara observed a discharge to a small stream in Whitingham , Vermont . During the course of his investigation, Mr. McNamara discovered that liquid was discharging from an earthen impoundment at a bulk fuel storage site owned by J.W. Sandri of Vermont, Inc. The discharge was a violation of environmental law. The Agency and the Vermont Environmental Board notified J.W. Sandri of Vermont, Inc. of the violation and the company promptly corrected the violation. J.W. Sandri of Vermont, Inc. agreed to settle the matter with an Assurance of Discontinuance. The settlement was adopted by the Environmental Court as a Court Order on June 12, 2000. In it, J.W. Sandri of Vermont, Inc. agreed to fund a $2,750.00 Supplemental Environmental Project. Involved Program: Water Quality Division of the Department of Environmental Conservation Charlmont Restaurant, Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Charlmont Restaurant, Inc. located in Morristown . Through the Agency's investigation, it was discovered that the Charlmont Restaurant had failed to submit timely reports re the monitoring, maintenance and repair of its wastewater treatment systems, as required under its discharge permit. The matter came to light as a result of routine compliance monitoring by the Department of Environmental Conservation's Wastewater Management Division. Following the investigation , Charlmont Restaurant, 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 April 17, 2000. In it, Charlmont Restaurant, Inc. agreed to submit all monthly and annual inspections reports as indicated on their permit. It was also agreed that a civil penalty of $450. Involved Program: Wastewater Management Division of the Department of Environmental Conservation Renaud Brothers, Inc. WATERBURY -- Agency of Natural Resources Secretary John Kassel today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Renaud Brothers, Inc., a construction company located in Vernon . Through an Agency investigation, it was discovered that Renaud Brothers, Inc., excavated and placed fill and solid waste in a Class II wetland and the wetland's 50-foot buffer zone without a conditional use determination or Act 250 permit, thereby violating state law. 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 complete, Renaud Brothers 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 April 17. In it, Renaud Brothers, Inc., agreed to fund a $1,700 supplemental environmental project. The company has already obtained an Act 250 permit and performed site remediation. Involved Program: Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: Tim McNamara Town of Williston WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving the town of Williston . Through the Agency's investigation, it was discovered that after conducting fire training exercises, the town of Williston 's Fire Department burned the remnants of a razed building and did not notify the Air Pollution Control Officer of the training exercises, pursuant to state law. The matter came to light as a result of a citizen complaint to Environmental Enforcement Officer John Klauzenberg . After the investigation was completed, the town of Williston 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 April 7, 2000. In it, the town of Williston agreed to refrain from impermissible burning and fund a $1,500 Supplemental Environmental Project. Involved Program: Air Pollution Control Division of the Department of Environmental Conservation Environmental Enforcement Officer: John Klauzenberg Town of Randolph WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving the town of Randolph . Through the Agency's investigation, it was discovered that chlorine was released to the river from the municipal pool facilities in June of 1999. This subsequently resulted in a significant fish kill in the Third Branch of the White River . The matter came to light as a result of a citizen complaint which was investigated by Environmental Enforcement Officer Kathryn Patch and biologists from the Department of Fish and Wildlife. During the investigation it was also discovered that every year, after ensuring that the chlorine level of the pool was reduced, pool water was discharged into the river. Pool backwash was also discharged into the river on an ongoing basis. Respondent has not had a permit to discharge pool water into the river since 1985. The town of Randolph 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 April 5, 2000. In it, the town of Randolph had agreed to cease all discharges from the municipal pool facilities and to connect the facilities to the municipal wastewater treatment facility. It also agreed to pay a civil penalty of $5,000 to the State of Vermont for the violations and fund two Supplemental Environmental Projects in the amount of $10,000 each. Involved Departments: Fish and Wildlife Department and the Department of Environmental Conservation's Water Quality and Wastewater Management Divisions. Environmental Enforcement Officer: Kathryn Patch Cecil O'Keefe WATERBURY -- Agency of Natural Resources Secretary John Kassel today announced that the Agency's Enforcement Division has formally settled an environmental violation involving Cecil O'Keefe in the town of Brighton (Island Pond). Through the Agency's investigation, it was discovered that O'Keefe, in spite of repeated warnings, engaged in open burning of plastic coated electrical wiring, a violation of Vermont 's Air Pollution Control Regulations. When burned in an uncontrolled manner, plastics emit chlorinated dioxins and furans, both of which are known carcinogens. Over time, exposure to these toxins can lead to chronic diseases such as emphysema and cancer. The matter came to light as a result of a citizen complaint which was investigated by Environmental Officer Tim Blake. O'Keefe was then 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 April 4, 2000. In it, O'Keefe agreed to refrain from illegal burning and pay a civil penalty of $400 to the State of Vermont for the violations. Involved Program: Air Pollution Control Division, Department of Environmental Conservation Environmental Enforcement Officer: Tim Blake 3 C's Realty, Clark's Truck Center ,
Randall Clark WATERBURY--Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving 3 C's Realty, Clark's Truck Center, and Randall Clark (Clark's Truck Center), located in Jericho. Through the Agency's investigation, it was discovered that Clark's Truck Center continued to operate its three underground storage tanks after the permit to operate the tanks expired and the tank systems had not been upgraded to meet the 1998 requirements. Clark's Truck Center ceased using the tanks and removed them from the ground in the fall of 1999. The matter came to light as a result of a compliance inspection by the Waste Management Division's Underground Storage Tank program and an administrative order was filed earlier this year. The settlement was then reduced to an assurance of discontinuance and was so ordered by the Environmental Court on February 18, 2000. In it, Clark's Truck Center agreed to conduct a site investigation to assess and remediate any environmental damage that may have resulted from a release from the underground tank systems. It was also agreed to fund a $3,000 supplemental environmental project. Involved Program: Underground Storage Tanks, Waste Management Division of the Department of Environmental Conservation Carol & Robert Varney and Varney
Trucking Company WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Carol & Robert Varney and Varney Trucking Company in the town of Hartland . Through the Agency's investigation, it was discovered that raw sewage was discharging from the Varney's septic system into an adjacent Class II wetland. Additionally, it was discovered that they had failed to obtain a mobile home park permit nor had they constructed an approved wastewater disposal system. The matter came to light as a result of a complaint which was investigated by Environmental Enforcement Officer Kathryn Patch. After the investigation was completed, the Varneys 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 on February 4, 2000. In it the Varneys agreed to come into compliance with the applicable regulations. They are no longer operating a mobile home park and have applied for a wastewater disposal permit. It was also agreed that a civil penalty of $2,400 will be paid to the State of Vermont for the violations. Involved Program: Waste Management Division of the Department of Environmental Conservation Environmental Enforcement Officer: Kathryn Patch Midstate Dodge LLC WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Midstate Dodge LLC. This company operates a car wash in the town of Berlin . Through the Agency's investigation, it was discovered that Midstate Dodge, in the course of doing business, released oil, soap residue and silt into a drain which discharged into Stevens Branch brook. The matter came to light as a result of a citizen complaint about a large sheen on the Stevens Branch brook. Environmental Enforcement Officer Sean McVeigh performed a dye test which indicated the source of the sheen. After the investigation was completed, Midstate Dodge 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 February 4, 2000. In it, Midstate Dodge agreed to pay a civil penalty of $4,000 to the State of Vermont for the violations. Previous to the agreement, Midstate Dodge undertook and paid for cleanup of the discharge and also removed the offending drain. Involved Program: Water Quality Division of the Department of Environmental Conservation Environmental Enforcement Officer: Sean McVeigh Clarence Brown, Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Clarence Brown, Inc. which operates the Clarence Brown Gasoline Station on Federal Street in St. Albans . Through the Agency's investigation, it was discovered that Clarence Brown, Inc, in the course of doing business, was improperly storing lead acid batteries (after several previous warnings) and also was improperly storing lead and copper ammunition casings on the grounds. The matter came to light as a result of a site inspection of the facility by the Waste Management Division. After the investigation was completed, Clarence Brown, 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 February 4, 2000. In it, Clarence Brown, Inc. agreed to come into compliance with the applicable regulations. It was also agreed that a civil penalty of $ 3,500 will be paid to the State of Vermont for the violations. Involved Program: Waste Management Division of the Department of Environmental Conservation Seaward Corporation WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Seaward Corporation, a construction company operating in Vermont . Through the Agency's investigation, it was discovered that during the operation of a backhoe , Seaward employees broke a cast iron municipal sewer pipe in the town of Bellows Falls. It was improperly fixed at the time and resulted in the pipe subsequently failing, resulting in effluent discharging into the Connecticut River . The matter came to light as a result of a complaint which was investigated by EEO Tim McNamara. After the investigation was complete, Seaward Corporation 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 February 4, 2000. In it, Seaward Corporation agreed that a civil penalty of $12,5000 will be paid to the State of Vermont for the violations. Involved Program: Wastewater Management Division of the Department of Environmental Conservation Environmental Enforcement Officer: Tim McNamara Jay Peak, Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Jay Peak, Inc. which operates a ski and summer resort in Jay , Vermont . Pursuant to the Agency's regulatory oversights, it was discovered that Jay Peak, Inc. in the course of doing business, failed to submit monitoring reports and also failed to submit reports regarding the maintenance and repair of its wastewater treatment systems in accordance with its indirect discharge permits. The matter came to light as a result of the Wastewater Management Division's observation that Jay Peak, Inc.'s annual inspection report was incomplete. After the investigation was completed, they 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 on January 14, 2000. In it, Jay Peak, Inc. agreed to submit all monthly and annual inspection reports according to the conditions of their indirect discharge permits. It was also agreed that a civil penalty of $2,000 will be paid to the State of Vermont for the violations. Involved Program: Wastewater Management Division of the Department of Environmental Conservation MacIntyre Fuels WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving MacIntyre Fuels, Inc., which owns and operates two gasoline transfer facilities located in Middlebury and Bellows Falls . As a result of site inspections by the Air Pollution Control Division of the Department of Environmental conservation, it was discovered that MacIntyre Fuels, Inc., in the course of doing business, had failed to comply with a number of conditions pertaining to the installation of vapor balance controls and record keeping at the Middlebury facility. In addition, MacIntyre fuels had failed to apply for an air pollution control construction permit for the Bellows Falls facility prior to the construction and operation of an air contaminant source. MacIntyre Fuels 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 January 7. In it, MacIntyre Fuels, Inc., agreed to comply with applicable rules and regulations. The company also agreed to pay a civil penalty of $5,500 to the State of Vermont . Involved Program: Air Pollution Control Division of the Department of Environmental Conservation Jack Corse , Inc. WATERBURY --Today the Secretary of the Agency of Natural Resources, John Kassel , announced that the Enforcement Division has formally settled an environmental violation involving Jack Corse , Inc. in Jericho . This company is in the fuel delivery business and owns several service stations. Through the Agency's investigation, it was discovered that Jack Corse , Inc. , in the course of doing business, delivered fuel to a customer's unpermitted tank. The matter came to light as a result of an inspection by the Underground Storage Tanks Program of the Waste Management Division. After the investigation was completed, Jack Corse , 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 January 6, 2000. In it, Jack Corse , Inc. agreed to pay a civil penalty of $1,000 to the State of Vermont for the violations. Involved Program: Underground Storage Tanks program, Waste Management Division of the Department of Environmental Conservation |
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VTANR  Compliance & Enforcement
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