As published in the Record Journal Wednesday July 10, 2013
— The town is either asking for clarification or disagreeing with seven of nine
violations cited by the state Department of Energy and Environmental Protection.
The violations, subject of a notice issued June 13, pertain to operations at the
municipal recycling center on John Street and a Public Works dumping and storage
facility on North Turnpike Road.
Director Henry McCully wrote June 28 to Laurene Buckowski, a DEEP sanitary
engineer, questioning many of the violations cited. While McCully wrote that the
town has fully complied with DEEP standards at 91 N. Turnpike Road, he questions
or asks for clarifications on seven of the eight violations cited regarding the
town’s recycling center.
to working with you to resolve these issues,” McCully wrote, “it may be
advisable to review certain requirements with our contractor at the recycling
Enterprises, of Wallingford, is under contract with the town to operate the
violations cited were the result of a May 15 DEEP inspection of both facilities.
The state found the town violated state environmental laws and regulations by
improperly disposing of residential waste oil at the 157 John St. facility,
while Public Works was cited for illegal dumping on the 91 N. Turnpike Road
A letter of
compliance must be submitted within 30 days of a notice of violation, according
to the DEEP. If the town does not comply, civil penalties of up to $25,000 may
be assessed for each day the town is knowingly in violation of DEEP
the timeframe of the initial notice of violation, the town must officially
respond with a compliance letter by Friday. On Tuesday, Mayor William W.
Dickinson Jr. said, “I believe that we will be able to respond within that
letter, McCully said he was concerned about the timeframe. He said that the
mayor did not receive the initial notice in full until June 21, eight days after
it was issued. Mc-Cully wrote that “if it becomes necessary, we may need
additional time.” Dickinson said he is overseeing the situation with DEEP, but
at this point the law department and McCully are the main parties
Counsel Janis Small said Tuesday that she asked McCully to respond to DEEP with
some questions, but that his letter was not the town’s final compliance
“We did have
a few questions,” she said. “We want to make sure we’re all on the same
letter says the town has made the necessary changes at 91 N. Turnpike Road. DEEP
had said the town did not have proper permits to store catch-basin cleanings and
oily wastewater in the area.
that from now on, street sweeping waste will be stored in the public works salt
shed before being taken to a landfill in Manchester. The oily release at the
site, which prompted the DEEP investigation, is being removed, he said, and
future catch-basin cleanings at the department’s truck wash station will be done
by a contractor. Catch-basin cleaning has been temporarily suspended, he
another violation, related to oil disposal at the recycling center, was issued
because the town does not have a “used oil” sign on storage tanks. McCully
responded that the tanks are labeled with the words “waste oil,” as well as
another sign that reads “used crankcase oil only, do not contaminate this waste
“It is our
belief that the terms ‘waste oil’ and ‘used oil’ have historically been used
interchangeably,” McCully said. He asked for further comment.
violation involving oil disposal, DEEP said the facility failed to provide an
adequate containment area for the 275-gallon used-oil tank.
does not believe there is a violation,” McCully said.
secondary containment berm has a capacity of 320 gallons while the tank has a
capacity of 275 gallons.”
the town failed to ensure that no person other than an employee of the facility,
or someone under the supervision of an employee, pours oil into the used-oil
responded that the town contracts with Fabio Enterprises, and that according to
bid documents, the contractor is responsible for the collection of waste
Fabio Enterprises has indicated that residents disposing of oil are
asked for additional information about what is required.
to a violation cited because a temporary storage area for waste-oil containers
isn’t available, McCully said that because the waste-oil tank is supervised, “a
temporary storage area for the collection of containers of used oil is not
correct?” he asked.
inspector visiting the recycling center noted about 70 scrap metal appliances,
and only 60 are allowed. McCully said the town’s agreement with Fabio
Enterprises makes the state’s regulations clear, and the contractor has been
notified of the violation.
Enterprises runs the facility, “the town is ultimately responsible,” said Robert
Isner, program manager of DEEP’s waste management program. “The town is the
permit holder with the department,” he said.
the town did not understand another cited violation regarding managing used oil,
and requested clarification. The town was cited for failing to ensure used oil
is transported by those with proper credentials. It’s unclear if violation makes
sense, McCully said, because his department reuses the waste oil. DEEP also said
the town lacks the proper permits for the waste oil site, but McCully said he
believes the town’s permit includes the facility.
he would meet with Buckowski this week for further discussion and
analyzing the response to the notice of violation provided by the town of
Wallingford,” DEEP spokesman Dennis Schain said Tuesday. “We plan on discussing
with them issues they raised in their letter and also following up with another
inspection of the facility. Our goal is to achieve compliance with conditions of
the town’s permit and sound environmental practices and we will continue working
with the town to achieve that.”