Five to pay DEC fines, take corrective steps

SUNDAY, MARCH 21, 2010
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The state Department of Environmental Conservation Region 6 reported the following consent-order agreements, with fines and corrective measures for violations of environmental conservation law, during January and February in Jefferson and Lewis counties:

LEWIS COUNTY

■ Todd Houppert, 9188 Deveines Road, Castorland, agreed in February to pay a fine of $2,000 for violations at the Deer River Quik Stop, 10817 Route 26, in the hamlet of Deer River.

In September 2009, the business failed to properly maintain numerous petroleum bulk storage tanks, failed to regularly inspect them and their leak detection and prevention systems and failed to keep maintenance records for the tanks as required.

The company already corrected some of the violations and agreed to take further corrective actions within 30 days of the agreement.

JEFFERSON COUNTY

■ James W. Wright, executive director of the Development Authority of the North Country, agreed in January to pay a $4,100 fine for violations at DANC's Solid Waste Management Facility, 23400 Route 177, Rodman.

The facility failed to give DEC Region 6 the required 30 days' advance notice before removing a petroleum bulk storage tank in June 2009 and installing three tanks in November. The facility also failed to display a valid registration certificate for the tanks.

The landfill already has taken required corrective measures to address the violations.

■ Terry Moore, Lacona, was ordered in February to pay a $4,000 fine for violations at Moore's Country Store, 20693 County Route 93, in the town of Lorraine.

The store failed to renew its registration for petroleum bulk storage and failed to give DEC Region 6 the required 30 days' notice before substantially modifying the facility, according to DEC staff.

DEC Region 6 notified Mr. Moore via certified mail in November that it was initiating proceedings against him. He failed to respond by a December deadline, and in February, department staff were granted a default judgment against him by DEC Commissioner Alexander B. Grannis on the recommendation of Administrative Law Judge Susan J. DuBois.

■ Theodore P. Zoli Jr. agreed in January to pay a $4,000 fine for violations of a previous consent-order agreement with DEC Region 6 at the now idle Torrington Sand and Stone plant mine on Route 12 near Gotham Street in the town of Watertown.

The mine was operated by Connecticut-based Torrington Industries Inc. from an office at 222 Maple St., Glens Falls.

The company was cited in October 2008 for failing to reclaim land affected by its mining operations within two years after activity there ended, by September 2007. The 2008 consent order set new deadlines, in summer 2009, for aspects of the reclamation.

The company failed to complete those measures by the new deadline.

The amended consent order gives the company new deadlines of this summer and fall for the removal of remaining equipment and scrap metal from the site, the spreading of overburden on the quarry floor and the revegetation of the area, with all measures to be completed by Oct. 31.

■ Roy J. Bresnahan, Fulton, agreed in February to pay a fine of $2,250 for violating a previous consent order with DEC Region 6.

Mr. Bresnahan agreed in October 2007 to clean up solid waste he illegally dumped at the former site of the town of Hounsfield landfill on Fawdrey Road by a deadline of Nov. 20, 2007. A $2,250 fine was suspended, provided he complied with the terms of the consent order.

An inspection by DEC Region 6 staff in April 2009 found the waste had not been cleaned up. As part of the amended consent order, Mr. Bresnahan agreed to clean up the waste, but no deadline was set for completion.

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