For Immediate Release
November 12, 2009
Assistant Attorney General Evan J. Mulholland
NH Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services ("DES"), announce that the Hillsborough County Superior Court, Southern District (Barry, J.) has approved a settlement between the State and Warwick Mills, Inc. ("Warwick Mills") located in New Ipswich, New Hampshire, to resolve a civil enforcement action involving violations of the State's air pollution and air toxics laws and Federal air pollution laws. In its lawsuit, the State alleged that Warwick Mills violated State air pollution and air toxics laws and Federal air pollution laws by failing to comply with air pollution control requirements relating to hazardous air pollutants ("HAPs"), specifically, toluene and volatile organic compounds ("VOCs").
Warwick Mills owns and operates a facility where it manufactures custom high performance composites. Beginning in January 2006, Warwick Mills' manufacturing process included coating woven fabric and metal using various coating materials that contain HAPs and VOCs. In 2007, DES discovered during an inspection and review of information submitted by Warwick Mills that Warwick Mills exceeded emission limits in its permit, thereby triggering several state and federal requirements which require emission controls, emission limitations and stack testing. Warwick Mills thereafter modified its two boilers as a means to control VOC and HAP emissions.
The settlement imposes a $114,454 civil penalty on Warwick Mills, $31,908 of which will be paid in cash to the State. Warwick Mills will also spend $72,696 in the form of two supplemental environmental projects ("SEPs"). The SEPs will fund an environmental restoration project to benefit the Town of New Ipswich and Warwick Mills will install a VOC capture system to further reduce VOC emissions, above and beyond regulatory requirements, from its facility. In addition, $9,850 of the penalty will be permanently suspended if Warwick Mills does not violate the settlement or State air pollution laws, State air pollution rules or any condition of Warwick Mills' permit within two years of the entry of the settlement agreement.
"Keeping New Hampshire's air quality high is an important part of our environmental protection efforts," said Attorney General Delaney. "The State's environmental laws must be followed."
"In settling this matter, we took into account the cooperation of the company, the expeditious efforts it took to address the violations and the ultimate environmental benefits that the Supplemental environmental Projects will provide to the Town and to the environment," said Commissioner Burack.
Copies of the settlement agreements are available upon request.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301