JUNE 2008

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.