Rutland Company Fined for Hazardous Waste Management Violations

The Agency of Natural Resources announced today that Central Vermont Motorcycles, Inc., a powersports dealer and service center in Rutland, is now required to pay a fine of $23,062 for multiple violations of Vermont Hazardous Waste Management Regulations.

The Vermont Department of Environmental Conservation (DEC) recognizes that many businesses and important industries in Vermont generate some amount of hazardous waste during the normal course of business. Hazardous waste is “generated” when the material has exhausted its useful life and has been stored for disposal. DEC’s Waste Management and Prevention Division is authorized by the U.S. EPA to implement hazardous waste regulations and inspect businesses for compliance, and provides the information and support that generators need to comply with state and federal laws. All non-household generators of hazardous waste are required to comply with baseline regulations that protect the health and safety of their own personnel as well as public health and safety, and the environment. Larger generators have more extensive responsibilities, including specific labeling and storage protocol, personnel training requirements, contingency plans for operators and emergency responders, and detailed recordkeeping.

“Because of the potential risks inherent in hazardous waste management, we hold generators responsible for taking proactive steps to protect not only public health and the environment, but also the people managing hazardous waste,” says Emily Boedecker, Commissioner of the Department of Environmental Conservation. “Vermonters expect hazardous waste generators to meet these responsibilities.”

During a March 2015 inspection of Central Vermont Motorcycles, DEC personnel identified multiple violations of hazardous waste management regulations. Two 55-gallon drums and dozens of smaller containers were stored on the property and known to hold hazardous materials including bad gasoline, spent antifreeze, and used oil. The actively used waste containers were not stored near the waste generating process, or service activities, which put the waste out of the control of the process operator. The smaller storage containers were stored outside, without protection from rain or snow, and both the drums and containers were not protected from freezing. Additionally, the drums and containers were in various states of disrepair, some were left open, and none were properly marked as hazardous waste.  Agency personnel also observed used oil rags were being stored in open, unmarked containers.  In addition, staff confirmed the shop burns used oil without first testing to ensure the used oil composition is safe to burn.  Finally, Central Vermont Motorcycle staff were unaware of the exact contents of the waste containers, and could not demonstrate sufficient knowledge of required emergency preparedness and response procedures.

Following the site visit, the Agency issued Notices of Alleged Violation to Central Vermont Motorcycles with directives for bringing the business into compliance with hazardous waste regulations.  For these violations, Central Vermont Motorcycle has agreed to an Assurance of Discontinuance that requires a penalty of $23,062.50. The Assurance was incorporated into a Final Judicial Order on July 25, 2017.  Within thirty days of the Order, Central Vermont Motorcycles is required to submit an inventory of hazardous waste onsite, documentation of composition testing of used oil, and photo documentation verifying proper storage and labeling of hazardous waste, including used oil rags.

For more information about DEC’s Hazardous Waste Management Program, visit http://dec.vermont.gov/waste-management/hazardous.