Sisters and Brothers Investment Group, LLP has admitted violations of Vermont’s Hazardous Waste Management Rules at a pair of Burlington properties and has agreed to pay $70,000 in civil penalties for the violations. “Vermont businesses that generate and handle hazardous waste must follow the State’s hazardous waste management rules," said Attorney General William H Sorrell. “Those rules protect the public health and the environment. We take violations of the rules seriously,” Attorney General Sorrell added.
Under the court approved settlement, Sisters and Brothers admitted liability for 11 violations of the State’s Hazardous Waste Management Rules including: the failure to make hazardous waste determination, failure to properly manage the condition of containers, the use of improper containers, and the failure to properly mark hazardous waste containers. Sisters and Brothers also admitted the release of waste oil and the failure to immediately notify the Agency of the release. The Agency of Natural Resources discovered the violations during inspections in 2012.
After notice from the Agency, Sisters and Brothers took corrective steps at the properties to address the violations to the satisfaction of the Agency.The settlement was approved by the Washington Superior Court.
Related documents:
State of Vermont v. Sisters and Brothers Investment Group, LLP Washington Superior Court Docket No. 410-7-14 Wncv
PLEADINGS BY AGREEMENT
The State of Vermont, by and through Vermont Attorney General William H. Sorrell,
and Defendant Sisters and Brothers Investment Group, LLP, hereby submit these pleadings by
agreement pursuant to Vermont Rule of Civil Procedure 8(g).
THE STATE'S ALLEGATIONS
The Parties
1. The State of Vermont Agency of Natural Resources (ANR or the Agency) is a state
agency with offices in Montpelier, Vermont.
2. Sisters and Brothers Investment Group, LLP (Defendant), is a Vermont-based limited
liability partnership. Joseph Handy, Charles Handy, Anthony Handy, Joan Handy and
Laura Handy are listed as the partners of the LLP with the Vermont Secretary of State.
3. Defendant is the owner of property at 1 10 Riverside Avenue in Burlington, Vermont
which was used as a facility for the storage and disposal of hazardous materials and
wastes.
4. Defendant is the lessee of an impounded car lot on Flynn Avenue in Burlington,Vermont.
5. Defendant is responsible for the generation, storage and disposal of hazardous wastes
and materials.
Statutory and Regulatory Scheme
6. The Agency has the authority to regulate the storage and disposal of hazardous waste
through 10 V.S.A., Chapter 159 and the Vermont Hazardous Waste Management
Regulations (HWMR).
7. Pursuant to 10 V.S.A. § 8221, the Secretary of the Agency may bring an action in
superior court to enforce Vermont's environmental laws. The action shall be brought
by the Attorney General in the name of the State.
Facts relating to Defendant and Factual Allegations
8. On February 10, 2012, Defendant released hazardous materials (waste oil) onto the
land of the state at a facility owned by Defendant at 110 Riverside Avenue in violation
of 10 V.S.A. § 6616 and in violation of Vermont's HWMR. Defendant failed to
immediately notify ANR about the release in violation of 10 V.S.A. § 6617.
9. On February 10, 2012, an Agency Spill Response Team was called to a spill at 110
Riverside Avenue in Burlington. The property is the former location of a business
known as M&H Auto. At the time of the spill call, the property, owned by Defendant,
was vacant.
10. The Agency's Spill Response Team arrived and observed what it believed to be a
waste oil spill on the ground coming from a garage bay door at the 110 RiversideAvenue property. The waste oil was migrating on the surface of the pavement down a
slope along a curb and near a storm water catch basin that empties into the Winooski
River.
11. Waste oil includes petroleum and is a hazardous material and hazardous waste under
Vermont law.
12. The City of Burlington's Fire Department also responded to the spill at 110 Riverside
Avenue and contained the spill using Speedi-Dry.
13. The Agency's Spill Response Team observed a sheen on the pavement near the
building at 110 Riverside Avenue, pavement staining, and darkened soil in the path of
the spill.
14. Joseph Handy told the Agency Spill Response Team that he believed a vehicle had
jumped the curb and released the oil on the ground. Defendant had not contacted and
notified ANR about the release.
15. Following the spill response on February 10, 2012, Agency staff conducted
inspections of the 1 10 Riverside Avenue property on February 24, 2012 and March 1,
2012. Agency staff also inspected the impounded car lot on Flynn Avenue on March
1, 2012.
16. During one or more of these inspections, Agency staff found the following:
a. Defendant was making no hazardous waste determinations for hazardous waste
stored at the 110 Riverside Avenue property or the impounded car lot on Flynn
Avenue. Forty-seven 55-gallon drums and numerous pint, gallon, 5-gallon, and
approximately 30-gallon garbage cans were observed at the 110 Riverside Avenue
property with unknown contents. Three 55-gallon drums were observed at the
impounded car lot on Flynn Avenue with unknown contents. The drums were
later sampled at the Agency's direction and found to contain hazardous waste.
b. On February 17, 2012, seven 55-gallon drums were shipped by Environmental
Products and Services on manifest number 004156299 FLW. Three of the drums
were shipped using an incorrect EPA identification number. The EPA
identification number used, VTR000006320, corresponds with a different Handy
Petroleum property, located at 75 South Winooski Avenue in Burlington. Neither
the appropriate site address nor the correct EPA identification number was listed
on the manifest for the three incorrectly shipped drums. The manifest was signed
by Joseph Handy. Agency records show that the time of the violations, Defendant
had not provided an update that it was the owner and operator of the property
located at 110 Riverside Avenue with the EPA identification number
VTD988366498.
c. Hazardous waste was not stored upon an impervious surface at the 110 Riverside
Avenue property.
d. Hazardous waste was stored out-of-doors at the 110 Riverside Avenue property
and not within a structure that sheds rain and snow.
e. Hazardous waste subject to freezing and expansion was stored at the 110 Riverside
Avenue property in containers or above ground tanks without mechanical or
physical means employed to prevent freezing.
f. Some of the containers holding hazardous waste at both the 110 Riverside Avenue
property and the impounded car lot at Flynn Avenue were observed to be in bad
condition including, being rusted, dented and bulging.
g. During the February 24, 2012 inspection of the 110 Riverside Avenue property, at
least 14 containers holding hazardous waste were observed to be open, had the top
rusted open or had no lid or cover.
h. None of the hazardous waste containers at the 110 Riverside Avenue property or
impounded car lot at Flynn Avenue were labeled.
i. During the February 24, 2012 inspection of the 1 10 Riverside Avenue property, an
open 275-gallon tank containing a hazardous waste (used oil) was observed. The
tank was neither marked nor labeled.
j. During the February 24, 2012 inspection of the 1 10 Riverside Avenue property, a
30-gallon poly garbage container holding broken universal waste (mercury
containing lamps) was observed. Additional broken lamps were found along the
south wall of the building.
k. During the February 24, 2012 inspection of the 110 Riverside Avenue property, a
number of used universal waste lamps wrapped in tape were observed storedagainst a wall and not stored in a structurally sound container as required by the
HWMR. Additionally, one box containing universal waste lamps was not sealed
with tape.
l. During the February 24, 2012 inspection of the 110 Riverside Avenue property, I 1
containers holding universal waste lamps were observed without any indication of
how long the containers had been in storage at the property.
m. During the February 24, 2012 inspection of the 1 10 Riverside Avenue property, 11
containers holding universal waste lamps were observed as not being labeled or
marked.
17. On August 31, 2012 and October 3, 2012, TMC Environmental, a company hired by
Defendant to remove and dispose of the hazardous wastes from the Riverside Avenue
and Flynn Avenue properties, documented the removal of 2,155 gallons of waste oil
and solvents. Oily debris was combined into 8 drums for removal. Paint related waste
was combined and packed into flex bins. Universal waste lamp fluorescent bulbs that
were not broken were placed into boxes. The removal and disposal was documented
in a manifest by TMC Environmental.
Violations
18. Under section 7-303 of the HWMR, any person who generates a waste shall determine
if that waste is a hazardous waste.
19. Defiendant violated HWMR 7-303 by failing to make hazardous waste determinations
for waste stored at the 1 10 Riverside Avenue property and the impounded car lot on
Flynn Avenue.
20. Pursuant to HWMR 7-304(a), no generator of hazardous waste shall treat, recycle,
store, dispose of, transport, or offer for transport hazardous waste without havingobtained a permanent EPA identification number by notifying the Agency using theVermont Hazardous Waste Handler Site ID Form.
21. Defendant violated HWMR 7-304 by offering seven 55-gallon drums for transport on
February 17, 2012 by Environmental Products and Services on manifest number
004156299 FLW using an incorrect EPA identification number. Neither the correct
site address nor the correct EPA identification number was listed on the manifest.
Further, Defendant had not provided the Agency with information that it was the
owner and operator of the property located at 110 Riverside Avenue.
22. H WMR 7-311(a)(1) requires, in part, that hazardous waste must be accumulated and
stored upon an impervious surface.
23. HWMR 7-311(a)(2) specifies that hazardous waste containers may be stored out-ofdoors
only if they are within a structure that sheds rain and snow.
24. HWMR 7-311(a)(3) prohibits the storage of hazardous wastes that may be subject to
freezing and expansion in containers or above-ground tanks unless mechanical or
physical means are employed to prevent freezing.
25. Defendant violated H WMR 7-311(a)(1), 7-311(a)(2) and 7-311(a)(3) by storing
hazardous waste at the 110 Riverside Avenue property that was: (i) not upon an
impervious surface; (ii) out-of-doors and not within a structure that sheds rain and
snow; and (iii) subject to freezing and expansion in containers or above ground tanks
without mechanical or physical means to prevent freezing.
26. HWMR 7-3110(2) requires that if a container holding hazardous waste is not in good
condition, or if it begins to leak, the owner must transfer the hazardous waste from this
container to a container that is in good condition.
27. Defendant violated HWMR 7-3110(2) by storing hazardous waste at the 110
Riverside Avenue property and the impounded car lot on Flynn Avenue in containers
that were in bad condition, including rusted, dented and bulging containers.
28. Under HWMR 7-31 1(~(4)(B), a container holding hazardous waste must always be
closed during storage except when it is necessary to add or remove water.
29. Defendant violated HWMR 7-311(fl(4)(B) by storing hazardous waste at 110
Riverside Avenue in at least 14 containers which were observed to be open, had the
top rusted open, or had no lid or cover.
30. H WMR 7-31 1(x(1) requires that containers and packages used for the storage of
hazardous waste shall be clearly marked from the time they are first used to
accumulate or store waste.
31. Defendant violated HMWR 7-3110(1) by failing to mark numerous containers of
hazardous waste at either the 110 Riverside Avenue property or the impounded car lot
on Flynn Avenue.
32. HWMR 7-31 1(g)(1) provides that tanks used for the storage of hazardous wastes shall
be clearly marked with the words "Hazardous Waste" and shall include the name and
hazardous waste identification codes) for the hazardous waste contained.
33. Defendant violated H WMR 7-31 1(g)(1) by storing hazardous waste at the 110
Riverside Avenue property in an open, 275-gallon tank without markings or labeling.
34. Defendant is a small quantity handler of universal waste under the HWMR.
35. HWMR 7-912(b)(2) prohibits the storage of broken mercury containing lamps and the
intentional breaking or crushing of mercury containing lamps.
36. Defendant violated HWMR 7-912(b)(2) by storing broken mercury containing lamps
at the 110 Riverside Avenue property, both inside the property and along the exterior
of the property building.
37. HWMR 7-912(d)(5)(A)(i) and (ii) requires that handlers of universal waste lamps
must manage the lamps in a way that prevents the release of any universal waste or
component of universal waste into the environment. This includes the packaging of
universal waste lamps in containers that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the lamps. Containers must remain
closed and must lack evidence of leakage, spillage or damage that could cause
leakage. Full containers must be sealed with tape.
38. Defendant violated HWMR 7-912(d)(5)(A)(i) by storing used lamps against a wall at
the 110 Riverside Avenue property, with the lamps wrapped in tape and not in a
structurally sound container.
39. Defendant violated HWMR 7-912(d)(5)(A)(ii) by storing a box containing universal
waste lamps at the 1 10 Riverside Avenue property that was not sealed with tape.
40. Pursuant to HWMR 7-9120(1), absent specific reasons provided in HWMR 7-
912(fi)(2), universal waste may not be accumulated for longer than one year from the
date the universal waste is generated or received.
41. Under HWMR 7-9120(3), handlers of universal waste must be able to demonstrate
the length of time that the universal waste has been accumulated from the date it
becomes a waste or is received.
42. Defendant violated HWMR 7-9120(1) and (3) by storing containers of universal
waste at the 110 Riverside Avenue property without any indication of how long the
containers had been in storage at the property.
43. HWMR 7-912(e)(6) requires that containers holding universal waste lamps must be
labeled or marked clearly with one of the following phrases: "Universal Waste
Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)."
44. Defendant violated HWMR 7-912(e)(6) by storing containers holding universal waste
lamps at the 110 Riverside Avenue property in containers that were not labeled or
marked with one of the following phrases: "Universal Waste Lamp(s)," or "Waste
Lamp(s)," or "Used Lamp(s)."
45. Section 6616 of Title 10 prohibits "the release of hazardous materials into the surface
or groundwater, or onto the land of the state."
46. Section 6617 of Title 10 requires that any "person who has knowledge of a release or a
suspected release and who may be subject to liability for a release ... shall
immediately notify" the Agency.
47. Defendant violated 10 V.S.A. § 6616 by releasing hazardous materials onto the land of
the state on February 10, 2012.
48. Defendant violated 10 V.S.A. § 6617 by failing to immediately notify the Agency of
the release of hazardous materials on February 10, 2012.
DEFENDANT'S RESPONSE TO THE ALLEGED VIOLATIONS
Defendant answers the preceding allegations as follows:
49. Defendant admits the allegations set forth in paragraphs 1-48.
50. By way of additional explanation, Defendant provides the following:
a. Defendant alleges that several of the drum noted in paragraph 16(a) were left at the
property by a prior tenant which engaged in the repair of automobiles; and
b. Defendant alleges that the tank noted in paragraph 16(i) was used by the previous
tenant for heating the building and that the used oil contained in it was generated
by that tenant.
51. The State and Defendant have agreed to resolve the violations set forth herein through
a Stipulation for the Entry of Consent Order which has been executed by the parties
and is being filed in this action together with these Pleadings by Agreement.
52. Prior to the filing of this action, Defendant implemented appropriate hazardous waste
management transport and disposal procedures at this location such that the Agency
does not believe it necessary to have a formal compliance plan as part of the consent
order resolving this action.
DATED at Montpelier, Vermont this 2nd day of July, 2014.
Robert F. McDougall
Assistant Attorney eneral
Office of the Attorney General
109 State Street
Montpelier, Vermont 05609
Stipulation for the Entry of Consent Order and Final Judgment Order
Approved Consent Order and Final Judgment Order
Source: Vermont AG 8.11.2014