Vermont Business Magazine The Agency of Natural Resources Department of Environmental Conservation (DEC) announced today that Willie Noyes, owner of Willie’s Village Auto in Stowe, agreed to sanctions for failing to comply with a July 2016 court order that required the removal of junk motor vehicles from his property. The order stemmed from violations of the Vermont salvage yard rules.
After Noyes was found in 2016 to be operating an unpermitted salvage yard as part of his auto body repair business, he agreed to pay an $18,000 penalty and bring his property into compliance with Vermont salvage yard rules by removing junk motor vehicles in accordance with an approved cleanup plan. The agreement between Noyes and DEC became a court order when it was adopted by the Vermont Superior Court’s Environmental Division in July 2016. Although Noyes paid the penalty and took initial steps to follow the cleanup plan, he ultimately failed to remove enough of the junk motor vehicles from his property to achieve compliance with the salvage yard rules.
Vermont salvage yard rules require that landowners obtain state and municipal approval to store more than three junk motor vehicles on their property. Junk motor vehicles are defined as dismantled, wrecked, or scrapped motor vehicles, or motor vehicles that remain unregistered or uninspected for a period of 90 days. Vehicles may contain one or more hazardous materials, such as used oil and brake fluid, that require proper disposal to protect human and environmental health.
To account for auto repair industry business needs, however, the rules exclude wrecked or disabled motor vehicles on site for inspection or repair for a short duration. Vermont auto body shops must therefore repair and remove customer-owned wrecked or disabled motor vehicles within 90 days, and otherwise store less than four junk motor vehicles on the property.
“Environmental standards for salvage yards are in places to protect all Vermonters from contaminated air, water, and soils,” says Emily Boedecker, Commissioner of the Department of Environmental Conservation. “When individuals or businesses fail to meet these responsibilities, we will continue to take action until we reach compliance.”
DEC determined that Noyes was noncompliant with the cleanup plan and the salvage yard rules after several visits to the property in 2017 and 2018, so DEC asked the Court’s Environmental Division to compel Noyes to bring his property into compliance, as required by the Court’s July 2016 order. Prior to a trial, Noyes agreed to sanctions consisting of a $25 penalty each day more than eight junk motor vehicles remain on the property after December 3, 2018, and a $50 penalty each day more than three junk motor vehicles remain on the property after June 3, 2019. The Court adopted this agreement in an order dated November 6, 2018.
For more information about DEC’s Salvage Yard Program and permits, or to find information like best management practices for salvage yard operators, visit https://dec.vermont.gov/waste-management/salvage-yards.
Source: ANR 11.14.2018