Attorney General Joseph A. Foster and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services ("NHDES") announce that the Hillsborough County Superior Court South approved a consent decree between the State and JMD Industries, Inc., ("JMD") resolving allegations of violations of the Hazardous Waste Management Act at JMD's facilities in Hudson. The decree assesses a total civil penalty of $292,500, to be paid in installments over time.

JMD, a Massachusetts corporation, conducts metal finishing at two locations in Hudson, New Hampshire. The hazardous waste violations stem from JMD's attempt to recycle spent anodizing and etching liquids at the wastewater treatment unit at one of its plants. After a site inspection, NHDES determined that the spent liquids could not be recycled and should have been treated as hazardous wastes. As a generator of hazardous waste, JMD was required to comply with certain regulations regarding the handling, storage, transporting and disposal of these wastes. NHDES determined that JMD's "recycling" program was actually a way to bypass those regulations.

NHDES found among other things that JMD treated, stored and disposed of hazardous waste without a permit and violated the terms of the limited permit that NHDES had issued for the operation of the wastewater treatment unit.

"The hazardous waste permitting system is designed to protect human health and the environment from the effects of hazardous chemicals. It is important for regulated entities to communicate with DES regarding permit requirements and to comply with State issued permits which are designed to safeguard our environment," said Thomas Burack, NHDES Commissioner.

After NHDES notified JMD that its management of these spent hazardous wastes violated the law, JMD discontinued the treatment program and corrected the other violations found by DES.

The settlement agreement/consent decree is attached .