Contact: Attorney Gary Kessler
802/241-3820
Vermont Agency of Natural Resources Enforcement Division

Waterbury, VT – December 9, 2004
Agency of Natural Resources Secretary Elizabeth McLain today announced that the Enforcement Division has formally settled an environmental violation involving J.P. Noonan Transportation, Inc., a truck transportation business that delivers fuel oil. The settlement includes an $18,000 penalty.

Through the Agency?­s investigation, it was discovered that a quantity of #6 fuel oil made its way into Sunny Brook in Northfield. One of J.P. Noonan Transportation¡¦s delivery trucks, in the course of driving to make a delivery, crashed and flipped over. As a result of the crash 3800 gallons of #6 fuel oil was released to the environment. Between 420 and 1010 gallons of oil was not recovered and a significant amount of that discharged into the brook.

The matter came to light as a result of a spill reported by the Agency of Transportation to this Agency¡¦s spill response team. It was subsequently investigated by Environmental Enforcement Officer Sean McVeigh. McVeigh¡¦s investigation revealed that the cause of the crash was that the driver was going too fast and the brakes on the truck were seriously out of adjustment.

J.P. Noonan Transportation, Inc. took appropriate steps to mitigate the release when it brought in several clean-up crews to capture as much spilled oil as possible. After the investigation was completed, J.P. Noonan Transportation, Inc. was notified of the violations and agreed to settle the matter.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court on November 30, 2004. In it, J.P. Noonan Transportation, Inc. agreed that a civil penalty of $18,000 will be paid to the State of Vermont for the violation.

Involved Program: Hazardous Materials, Waste Management Division of the Department of Environmental Conservation

Environmental Enforcement Officer: Sean McVeigh
802-241-3801