For Immediate Release
February 29, 2012
Daniel J. Licata, Assistant Attorney General
Environmental Protection Bureau
New Hampshire Attorney General Michael A. Delaney and Special Agent-in-Charge Michael Hubbard of the United States Environmental Protection Agency's Criminal Investigation Division announce that Gateway Resource Recovery, L.L.C. ("Gateway") pled guilty to one count of misdemeanor reckless conduct in Rockingham County Superior Court.
Gateway is a scrap metal dealer located in Salem, NH. Under New Hampshire's hazardous waste laws, scrap metal dealers, such as Gateway, may only accept lead-containing material, which would otherwise constitute hazardous waste, if the material meets the definition of a "scrap metal." The State's reckless conduct charge stems from an incident where Gateway handled a powdery lead-containing material from a firearms range, which did not meet the definition of scrap metal. Gateway lacked the required permit and ability to handle lead in this form, including tracking its ultimate disposition. In powder form, lead represents a much greater risk to human health than lead in solid form.
Pursuant to the terms of the plea, the Court fined Gateway $20,000, with $10,000 suspended for a period of three (3) years conditioned on Gateway fulfilling a number of conditions. Those conditions include the following: Gateway is prohibited from accepting any lead-containing material in powder form that qualifies as hazardous waste; Gateway is required to keep documentation showing that lead containing-material it does accept, which would otherwise be hazardous waste, qualifies for the "scrap metal" exemption; Gateway is required to develop written protocols for its personnel dictating the proper procedure to follow when unacceptable material is delivered to or is discovered at the facility; and a Gateway representative is required to attend Department of Environmental Services' classes on hazardous waste and disseminate the information learned to Gateway personnel.
Today's disposition is the result of cooperative effort between the New Hampshire Attorney General's Office, the United States Environmental Protection Agency's Criminal Investigation Division, the United States Air Force Office of Special Investigations, and the New Hampshire Department of Environmental Services.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301