New Hampshire AG Settles with Car Crusher

New Hampshire Attorney General Michael Delaney and New Hampshire Department of Environmental Services (DES) Commissioner Thomas Burack have announced that the Sullivan County, N.H. Superior Court has approved a settlement between DES and James Bonia dba Tri-State Car Crushing, an automotive recycling facility located in Lempster, N.H. The settlement resolves violations of the state’s solid waste, hazardous waste, and groundwater protection statutes and regulations.

The case arose when the state of New Hampshire filed a lawsuit against Bonia two years ago seeking a preliminary and permanent injunction and civil penalties. In its lawsuit, New Hampshire alleged that Bonia violated state laws by operating an unpermitted solid waste facility, improperly managing and storing hazardous wastes and regulated substances, failing to report and clean up spills of hazardous wastes and regulated substances, failing to protect monitoring wells from being damaged or buried, and failing to perform groundwater monitoring as previously agreed.

Under the terms of the settlement, Bonia is required to pay a civil penalty of $114,000. Of that amount, $24,000 will be paid to the state in installments starting this coming June. The state also notes that $90,000 of the penalty will be suspended for a period of ten years on the conditions that Bonia does not violate the terms of the settlement or any state or federal environmental statute or regulation.

The settlement also requires Bonia to obtain a groundwater management permit from DES in order to monitor and manage related groundwater contamination, and to remediate lead contamination on the site. Finally, the settlement requires Bonia to set aside $42,000 in an escrow account, over the course of five years, to pay for unannounced third-party quarterly inspections of the site.

The inspections are to ensure that Tri-State Car Crushing remains in compliance with best management practices for auto salvage yards, and if new violations arise, that they are reported to DES in a timely fashion.

“By this settlement, this office sends a message that it will continue to pursue violations of environmental laws at auto salvage facilities that endanger public health and the environment,” says Delaney.

“This settlement holds Mr. Bonia accountable for his past and current violations of the state's environmental laws and deters him and others from committing future violations,” Burack adds.