Preliminary injunction filed against New Hampshire auto
salvage yard for violations
New Hampshire Attorney General Kelly A. Ayotte and Commissioner
Thomas S. Burack of the New Hampshire Department of Environmental Services
(DES), announced that the Sullivan County Superior Court approved a preliminary
injunction order entered into by DES and James Bonia dba Tri-State Car
Crushing, an automotive salvage yard located in Lempster, New Hampshire.
The order addresses ongoing violations of the State’s solid waste, hazardous
waste, and groundwater protection statutes and regulations.
The State filed a lawsuit against Bonia on April 14, 2008 seeking preliminary
and permanent injunction orders and civil penalties. In its petition,
the State alleged that Bonia violated State laws by operating an unpermitted
solid waste facility, improperly managed and stored hazardous wastes
and regulated substances, failed to report and clean up spills of hazardous
wastes and regulated substances, failed to protect monitoring wells from
being damaged or buried, and failed to perform groundwater monitoring
as previously agreed.
The Preliminary Injunction Order requires Bonia to immediately cease
accepting solid waste and dispose of all unpermitted solid waste currently
on site; hire a consultant to prepare operations, liquids management,
and spill response plans and certify that the plans comply with all state
statutes and regulations; prepare a scope of work to determine the extent
of soil, groundwater, and surface water contamination on the property;
replace damaged or buried monitoring wells; conduct groundwater monitoring;
and manage his automotive salvage yard in accordance with all state statutes,
regulations, and the DES Motor Vehicle Salvage Yard Environmental Compliance
Manual & Self-Audit Checklist.