For Immediate Release
April 24, 2008
Assistant Attorney General Esther B. Piszczek
Attorney General Kelly A. Ayotte and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services ("DES"), announce that the Sullivan County Superior Court approved a preliminary injunction order entered into by DES and James Bonia d/b/a Tri-State Car Crushing, an automotive salvage yard on Route 10, Lempster, New Hampshire. The Order addresses ongoing violations of the State's solid waste, hazardous waste, and groundwater protection statutes and regulations.
The State filed a lawsuit against Mr. Bonia on April 14, 2008 seeking preliminary and permanent injunction orders and civil penalties. In its petition, the State alleged that Mr. Bonia violated State laws by operating an unpermitted solid waste facility, improperly managed and stored hazardous wastes and regulated substances, failed to report and clean up spills of hazardous wastes and regulated substances, failed to protect monitoring wells from being damaged or buried, and failed to perform groundwater monitoring as previously agreed. The Preliminary Injunction Order requires Mr. Bonia to immediately cease accepting solid waste and dispose of all unpermitted solid waste currently on Site; immediately hire a consultant to prepare operations, liquids management, and spill response plans and certify that the plans comply with all state statutes and regulations; prepare a scope of work to determine the extent of soil, groundwater, and surface water contamination on the property; replace damaged or buried monitoring wells; conduct groundwater monitoring; and manage his automotive salvage yard in accordance with all state statutes, regulations, and the DES Motor Vehicle Salvage Yard Environmental Compliance Manual & Self-Audit Checklist ("Checklist"). The Checklist is available on DES's Web site at http://www.des.state.nh.us/SW/Greenyards/Publications.htm. The State's request for civil penalties and permanent injunction will be addressed at a later court hearing.
Attorney General Kelly Ayotte stated, "New Hampshire's groundwater is a precious resource that must be protected. My office will continue to pursue violations of environmental laws at auto salvage facilities that endanger public health and the environment." DES Commissioner Tom Burack said, "DES recognizes that Mr. Bonia's agreement to enter into this order is only a first step toward full compliance with New Hampshire's environmental laws. The order includes strict compliance deadlines and states that failure to meet those deadlines will result in an order prohibiting Mr. Bonia from accepting additional waste onto the property."
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301