For Immediate Release
June 8, 2010
Assistant Attorney General Daniel J. Licata
Attorney General Michael Delaney and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services ("DE"), announce that, on June 4, 2010, the Hillsborough County Superior Court (Southern District) approved a settlement between DES and Draper Energy Company ("Draper") and Energy North, Inc. ("ENI"). The settlement resolves the State's lawsuit brought against Draper and ENI on May 25, 2010 for violations of New Hampshire's Oil Discharge and Spillage Act and certain regulations enacted thereunder. Specifically, the State's lawsuit alleged that Draper and ENI were responsible for a release of diesel fuel into the Souhegan River from a Milford gasoline station, which they owned and operated, respectively.
Under the terms of the settlement, Draper and ENI agree to pay the State of New Hampshire a combined civil penalty of sixty thousand (60,000.00) dollars. Additionally, Draper and ENI agree to irrevocably forebear making a claim against New Hampshire Oil Discharge and Disposal Fund for up to ninety-five thousand (95,000.00) in clean-up costs associated with the release. These costs otherwise would have been eligible for reimbursement from that State fund.
Attorney General Michael Delaney stated, "The waters of this State are a precious resource and this Office will continue to hold those who pollute them accountable." DES Commissioner Tom Burack said, "The agreement appropriately ensures that Draper and ENI will not only be penalized for the release, but will also bear a substantial burden of the cost associated with its clean-up."
Copies of the settlement agreement are available upon request.
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