WCAX.COM Local Vermont News, Weather and Sports-Vt. environmental agency admits breaking waste laws

Vt. environmental agency admits breaking waste laws

Waterbury, Vermont - November 9, 2011

The agency charged with policing the Vermont's environmental laws admits it broke them. The Agency of Natural Resources agreed to pay a hefty fine for mishandling hazardous materials.

The investigation began during the first days of the Shumlin administration when the attorney general began looking at how hazardous materials were handled at the Department of Environmental Conservation lab in Waterbury.

"Ordinarily it's our enforcement division that would investigate and enforce... obviously could not do that to ourselves as an agency, so we directed it immediately to an independent investigation to the AG's office," Vt. Natural Resources Secretary Deb Markowitz said.

The DEC lab is used to test materials from the field to troubleshoot any problems that may impact the environment. Well, as it turns out the state was not following its laws when handling and storing hazardous waste. An inspection found a host of problems-- 23 violations in all.

"It is sort of like you can't have the cop on the beat committing crimes; well here you have the lab from the Agency of Natural resources out of compliance. They took it seriously to their credit," said Bill Sorrell, D-Vt. Attorney General.

The nearly two dozen violations detailed in court documents outline what went wrong. Here are a few examples:

• Solvent-contaminated wastes from water and soil extractions were routinely disposed down the drain and in the regular trash.
• Numerous containers of hazardous waste were stored in a short-term storage area without proper labeling.
• And mercury thermometers were managed in a fashion that could result in a release to the environment.

"It did not create a danger to the public at all, but we have best management practices for a reason. If hazardous wastes get into water or people touch it, breathe it or are exposed to it, it can cause physical damage. It can damage the environment," Markowitz said.

Storage and disposable practices were not the only issues at the Waterbury facility:

• The attorney general found the lab did not provide its employees with the required hazardous waste training.
• And inspectors concluded the lab did not make the necessary arrangements with local authorities for emergency preparedness.

This is not the first time the DEC lab has been in the firing line. In 2009, the Douglas administration made an attempt to shut down the lab to save money and contract the work out to a private firm.

"We have no issue with the staff or the quality of their work, in fact it is very useful to have a lab," said Justin Johnson of the DEC. "The question is, is it the best use of scarce funds?"

The Legislature and the governor could not agree on a plan, so the lab stayed open. But now it's closed not because of environmental violations, the closure is blamed on Tropical Storm Irene. The lab was flooded and operations were moved to the University of Vermont.

Now the state will take the unusual position of fining itself.

Sorrell said, "If we just gave them a pass and do better next time but nothing bad will happen, then what do we say to the next company or waste hauler that came in that is found guilty of same sort of conduct?"

A fine that will end up costing taxpayers more than $100,000.

Under the court settlement, the Agency of Natural Resources will pay an $85,000 fine and also send $30,000 to the Supplemental Environmental Project. Markowitz declined to discuss whether workers at the lab could face sanctions. She says human resources is looking at the matter and called it a personnel issue.