Enforcement Actions 2016

Knowing the type of enforcement actions initiated by the Environmental Protection Agency (EPA), the Maine Department of Environmental Protection (MEDEP) and the New Hampshire Department of Environmental Services (NHDES) can help you better understand the compliance areas receiving a lot of attention by regulatory agencies.

As a service to St.Germain Collins’ clients and friends, we provide this summary of some EPA, MEDEP and NHDES enforcement activities during 2016 and the resulting penalties. If you would like us to help you strengthen your compliance program by conducting a review, contact our Environmental, Health and Safety team at (207) 591-7000.

  Environmental Protection Agency, Region 1 – New England

Food processing company in Waldo County, Maine
Violation(s):  failure to maintain an ammonia refrigeration system, and failure to have an adequate emergency response program.
Penalty:  $60,500

Laboratory in Kennebec County, Maine 
Violation(s):  failure to properly identify hazardous wastes, failure to segregate incompatible hazardous wastes, and failure to follow its own procedures for the treatment of
certain corrosive laboratory wastes in violation of the federal Resource Conservation and Recovery Act (RCRA) and state hazardous waste laws.
Penalty:  $27,000

Manufacturer in Merrimack County, New Hampshire 
Violation(s):  failure to submit timely notifications and reports to EPA, and failure to conduct a performance test on one of the process lines to ensure it
meets EPA’s emission requirements.
Penalty:  $112,200

  Maine Department of Environmental Protection

LAND

Mining company in York County, Maine
Violation(s):  failure to transfer ownership and activities outside the scope of prior license which violated the Site Location of Development law.
Penalty:  $5,000

Construction company in Aroostook County, Maine
Violation(s):  creating and/or operating an excavation that equals or is greater than 5 acres without first filing a Notice of Intent to Comply.
Penalty:
$3,500

OIL

Heating oil company in Cumberland County, Maine
Violation(s):  discharging oil and failing to report the spill to the Department or adequately cleaning up the spill to the Commissioner’s satisfaction
in violation of the Oil Discharge Prevention and Pollution Control law.
Penalty:  $5,000

SOLID WASTE

Sewage processing company in Penobscot County, Maine
Violation(s):  generating nuisance odors, and failure to report odor complaints within 48 hours.
Penalty:  $33,980

WATER

Food processing company in Knox County, Maine
Violation(s):  failure to submit proper electronic discharge monitoring reports as required by the combined Maine Pollution Discharge Emission
System / Waste Discharge License.
Penalty:  $25,000

AIR

Lumber mill in Aroostook County, Maine
Violation(s):  failure to perform required energy assessments, failure to log the operating hours of an emergency generator, failure to keep maintenance
records on an emergency generator, failure to amend its Air Emissions License to document a replacement of an emergency generator, failure to maintain records of the amount of spilled distillate oil burned in a biomass boiler, used an emergency
generator for non-emergency situations for more than the 50 hours as allowed by the Air Emissions License.
Penalty:  $33,980

WATER & HAZARDOUS WASTE

Wood products company in Oxford County, Maine
Violation(s):  treating hazardous waste without a license, failure to label hazardous waste properly, failure to undergo hazardous waste closure certification, failure
to adequately store universal waste, failure to label a container of universal waste properly, failure to keep track of the number of universal waste items at the facility, failure to mark containers of universal waste lamps appropriately, failure to
file either an application for an individual waste discharge permit or a Notice of Intent form for coverage under the Multi-Sector General Permit Stormwater Discharge Associated with Industrial Activity for discharges of stormwater runoff, retaining an unlicensed asbestos abatement contractor, and failure to notify the Department in writing of the intention to engage in asbestos abatement activity, to comply with pre-abatement requirements.
Penalty:  $17,500

  New Hampshire Department of Environmental Services

WASTE MANAGEMENT 

Heating oil company in Merrimack County, New Hampshire
Violation(s):  Failure to comply with RSA 146-A, and the AST (Aboveground Storage Tank) Rules.
Penalty:  $12,000

Heating oil company in Cheshire County, New Hampshire
Violation(s):  Failure to comply with RSA 146-C, and the UST (Underground Storage Tank) Rules.
Penalty:  $11,000

Healthcare organization in Hillsborough County, New Hampshire
Violation(s):  Failure to perform adequate hazardous waste determination, unauthorized disposal of hazardous waste, and failure to
document a training program for hazardous waste management.
Penalty:  $2,400

Gas station in Hillsborough County, New Hampshire
Violation(s):  Operating the facility without designated trained and certified class A, B and C operators,
failure to submit a complete Statement of Training, and failure to post a UST permit to operate the facility.
Penalty:  $4,500

Manufacturer in Belknap County, New Hampshire
Violation(s):  Delivering, or causing to be delivered, hazardous waste to an unauthorized facility.
Penalty:  $6,000

AIR RESOURCES

Paving company in Merrimack County, New Hampshire
Violation(s):  Failure to comply with particulate matter (PM) emission limits as specified in a Temporary Permit.
Penalty:
$12,492

Manufacturer in Hillsborough County, New Hampshire
Violation(s):  Failure to comply with 24-Hour AAR (annual ambient air) limits for ammonia as specified in the
State Permit to Operate.
Penalty:  $6,000