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DEP Levies Heavy Fines

August 22, 2011 - Bridgton - The Maine Department of Environmental Protection has fined a kitchen cabinet company from Brownfield for violating the Maine Hazardous Waste, Septage and Solid Waste Management Act and a Frye Island property owner and real estate and development company for violating the state’s Natural Resource’s Protection Act’s erosion and sedimentation control laws.


The DEP’s monthly enforcement report was issued Aug. 5, 2011 detailing enforcement actions that took place in April, May and June of this year.


According to DEP officials, these cases were resolved to achieve compliance with the law, remediate environmental damage, restore natural resources to appropriate conditions and impose penalties to deter similar actions in the future.


Lacquer Thinner and Lights Burned


The board of Environmental Protection and the Maine Attorney General’s Office entered into an administrative consent agreement in April with Parsons Kitchens, Inc. of Brownfield after it violated provisions of the Maine Hazardous Waste, Septage and Solid Waste Management Act “by discharging hazardous waste lacquer thinner to lands of the state and failing to immediately report and remove the discharges,” the enforcement report stated. Parsons paid $8,000 as a civil penalty.


According to the DEP’s report issued earlier this month, “Parsons violated the Department’s rules concerning Standards for Generators of Hazardous Waste by: treating or disposing of hazardous waste lacquer thinner by burning it in a pile; failing to determine the hazardous waste lacquer thinner was hazardous waste; failing to label containers of hazardous waste with words ‘Hazardous Waste’ and the date when waste first began accumulating in the container; failing to store hazardous waste lacquer thinner in a closed container; generating hazardous waste without first obtaining a U.S. Environmental Protection Agency hazardous waste generator identification number; failing to store hazardous waste on a firm working surface and failing to provide secondary containment of hazardous waste; and failing to conduct and document daily inspections of containers of hazardous waste.”


In addition, the DEP found that “Parsons violated provisions of the Department’s Rules for Identification of Hazardous Wastes by treating and disposing of universal waste fluorescent lamps in a burn pit. Following DEP involvement, Parsons submitted a written response to the Department indicating that it: ceased the treatment and disposal of hazardous waste by burning; shipped hazardous waste documented during the inspection via a licensed hazardous waste transporter to a disposal facility; began conducting daily inspections of hazardous waste containers; labeled hazardous waste containers a hazardous waste; is keeping containers of hazardous waste closed when not in use; established a universal waste storage area; and has substitute water-based finishes for most coatings to reduce its generation of hazardous waste.”


To resolve the violations Parsons agreed to test a well located on the Parsons site for Volatile Organic Compounds and Semi-Volatile Organic Compounds and implement corrective actions if the results indicate that contaminants are above drinking water standards.


Fill Discharged into Sebago Lake


The following case that took place on Frye Island was resolved through enforcement in District court, according to the DEP enforcement report issued Aug. 5 and the parties found to be in violation agreed to pay $8,000 as a civil monetary penalty pursuant to the terms of a payment plan.


Alison A. Zea and First Coast Realty and Development Corporation of Frye Island violated Maine’s Natural Resources Protection Act, Erosion and Sedimentation Control law, Protection and Improvement Waters law and the Department’s Permit by Rule standards, the DEP reported.


“Specifically, while conducting a shoreland stabilization project on property owned by Zea and on an adjacent property, Zea and First Coast with respect tot eh Zea property, and First Coast with respect to the adjacent property, failed to mulch, seed and re-vegetate disturbed areas in accordance with Department rules and failed to take adequate erosion control measures to prevent unreasonable erosion of soil or sediment from the project site and/or into a protected natural resource. Inspections by Department staff documented that fill material from the stabilization project had eroded and discharged into Sebago Lake. Following Department involvement, areas on the property adjacent to the Zea property had been seeded and vegetated and disturbed area on the Zea property were mulched, but no seeded or vegetated.”


The DEP enforcement report states further, “Department staff subsequently documented the discharge of soil from the Zea property to Sebago Lake. To resolve the violations, Zera, First Coast and the Department entered into a Consent Decree and Order in which Zea and First coast agreed to: Maintain erosion and sedimentation controls on the Zea property until disturbed areas are permanently stabilized with vegetation; install geotextile fabric under rip-rap placed on the shorefront of the Zea property; conduct and evaluation of vegetation planted to restore disturbed areas on the Zea property to ensure that the planting is sufficient for long term stabilization of the shoreline; monitor and maintain re-vegetation efforts on the Zea property for three years to achieve 90% vegetative cover in the restored areas; and not cut, trim or disturb plantings on the ea property except in accordance with the laws and rules administered by the Department and the Town of Frye Island’s Shoreland Zoning Ordinance.”


Lisa Williams Ackley, Bridgton News, August 2011


Lakes: Sebago Lake
Regions: Sebago


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