The Maine Department of Environmental Protection has resolved these violations with consent agreements approved by the Board of Environmental Protection and the Attorney General’s Office. The report was released July 20.

Violator: Elmer’s Pipe Inc., Auburn

Violations: Violated requirements of Maine’s Hazardous Waste, Septage and Solid Waste Management Act and the department’s Hazardous Waste Management Rules by failing to determine if wastes generated were hazardous; by discharging petroleum products and failing to satisfactorily remove these products once discharged; unlicensed discharge of hazardous matter and failure to report discharges; failure to mark containers holding hazardous waste; storing hazardous waste for greater than 180 days without a license to do so; treatment of hazardous waste by means of evaporation without a license to do so; failure to store universal waste in a designated storage area; and failure to store universal waste in marked containers.

Resolution: Agreed to submit a site assessment and remediation plan to determine the extent of contamination and to clean up any contamination, and paid penalty of $8,450.

Violator: Patrick R. Cyr, Sabattus

Violations: Violated provisions of Maine’ s Performance Standards for Quarries by developing a quarry of more than one acre without first filing a “Notice of Intent to Comply” with the performance standards; violated Maine’s Stormwater Management Act by constructing a project that includes one or more acres of impervious area without first obtaining a permit. Cyr eventually submitted the “Notice of Intent to Comply.

Resolution: Agreed to submit an after-the-fact stormwater permit application and if accepted to comply with all terms and conditions of the after-the-fact permit. If the permit is denied, Cyr agreed to submit and implement a restoration plan to restore the project site; he paid a penalty of $3,611.

Violator: Maine Central Railroad Co., Gray

Violation: Violated Maine’s Hazardous Waste, Septage and Solid Waste Management Act and Water Pollution Control laws by discharging creosote into the Royal River and the surrounding land without a license to do so.

Resolution: Agreed to immediately cease the placement of any creosote-treated or chemically treated timbers, including but not limited to railroad ties; to immediately upon discovery report all hazardous matter discharges, including but not limited to discharges of creosote to the Department of Public Safety; to not install or use creosote-treated or chemically treated ties and structural components that discharge creosote or other treatment chemicals; to establish protocols for inspecting and replacing ties or structural components that may be discharging pollutants; to replace all railroad ties or structural components that may permit the discharge of pollutants including, but not limited to, creosote; the railroad paid a civil monetary penalty of $19,000 and reimbursed the department $1,990 for testing expenses.

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