Attorney General Joseph A. Foster and N.H. Department of Environmental Services ("DES") Commissioner Thomas S. Burack announce that the Hillsborough County Superior Court South (Temple, J.) approved a consent decree between the State and the defendants, ENI 626 & 630 Gibbons Highway, LLC ("ENI") for violations associated with one of ENI's permitted underground storage tank ("UST") facilities at the Brookside Mini Mart and gas station in Wilton. The decree assesses a civil penalty of $40,000, which ENI has paid in full.

The settlement resolves allegations that the company conducted permanent tank closure activities including excavation and removal of four petroleum storage tanks before notifying DES of the permanent closure of these tanks. State law requires that DES be notified a minimum of 30 days prior to removal. The company neither admits nor denies the allegations.

"Gasoline had been previously released from the vicinity of these tank systems and contaminated an adjacent water supply well, which has since been remediated. Consequently, DES was interested in performing a forensic evaluation of the system's integrity during the closure operations in an effort to find the source of contamination. The lack of prior notification prevented this," said Thomas Burack, DES Commissioner. "Proper notification enables DES to fully investigate the condition of the tanks, piping, and surrounding soil when petroleum storage tanks are unearthed and removed," said Burack. "Notification requirements such as these are essential, not only for determining whether there is a party liable for contamination, but also for assessing the best remedial response required. Notification also allows DES to proactively identify equipment issues that could cause problems at other facilities and that should be avoided in future installations in order to protect the environment and our citizens," said Attorney General Joseph Foster.

Copies of the settlement agreement are available upon request.