Attorney General Peter W. Heed and Michael P. Nolin, Commissioner of the Department of Environmental Services, announced today that the State and Hampshire Chemical Corporation have reached an agreement requiring Hampshire Chemical to pay a $475,000 civil penalty for allegedly violating New Hampshire’s hazardous waste management laws.

Hampshire Chemical owns a facility located at 2 East Spit Brook Drive in Nashua, New Hampshire. Hampshire Chemical is a manufacturer of inorganic and organic industrial chemicals.

Hazardous wastes are subject to "cradle to grave" regulation, and facilities that treat, store or dispose of hazardous waste are required to obtain a permit for their activities. Normally, Hampshire Chemical processes some of its non-hazardous waste in a holding basin located at the Nashua site. The State alleges that, between April 1, 1994 and April 14, 2000, Hampshire Chemical stored hazardous waste in the holding basin without notifying the State and without a permit. The discharge of acidic, caustic or corrosive wastewater into the holding basin is alleged to have converted the basin into a hazardous waste surface impoundment. Personnel from the New Hampshire Department of Environmental Services discovered the violations during an inspection of the facility. The inspection was conducted in response to a complaint that was filed with Environmental Services.

The State also alleged that, in 2003, hazardous liquid that had leaked from a storage tank was pumped into a storm sewer, which was then discharged into holding basins at the Nashua facility. The State was not notified of the discharge into the storm drain for more than twelve hours after the discharge occurred.

Under the terms of the consent decree, Hampshire Chemical must pay the State $423,800.00 in cash to the Hazardous Waste Cleanup Fund. In addition, Hampshire Chemical will pay the Nashua Regional Planning Commission $37,000.00 in cash to fund the development of a Lower Merrimack River Corridor Management Plan. Hampshire Chemical will also pay the Nashua Fire Department $14,200.00 for the purchase of a portable air monitoring station to aid the Fire Department’s response to releases of hazardous air pollutants. The Consent Decree is subject to approval by the Hillsborough County Superior Court (Southern District).

Attorney General Heed said: "Compliance with State and Federal hazardous waste laws is essential to protecting the health and safety of the citizens of New Hampshire. My office is committed to enforcing the State's hazardous waste management laws. Thankfully, we have no evidence that Hampshire Chemical’s practices caused actual harm to public health or the environment, although there was that potential. This penalty reflects the seriousness of the violations, as well as Hampshire Chemical’s cooperation in addressing them."

Commissioner Nolin noted that the alleged violations were serious, and imposition of a significant civil penalty is appropriate. "While the alleged violations were serious, Hampshire cooperated with the state to resolve the case and has evaluated its process to prevent recurrence of the violations in the future." Commissioner Nolin also complimented his inspection staff for identifying the alleged violations, and working with Hampshire Chemical to help avoid similar problems in the future.