CONCORD, N.H. (Legal Newsline) -- New Hampshire Attorney General Joseph Foster said Friday Munce's Superior Petroleum and owner Harold Munce will face additional penalties for allegedly failing to comply with a court order related to oil storage tanks.



The Coos County Superior Court ordered Munce's to pay $420,000 in additional penalties for allegedly failing to comply with a court order to close their above ground oil storage tank facilities in Gorham.


Munce's allegedly failed to comply with the order for 420 days and the court penalized the company $1,000 per day.


In August 2010, Munce's agreed to a preliminary injunction to bring its oil storage tank facilities into compliance with state laws requiring the installation of containment walls. The containment walls were meant to protect the Androscoggin River from oil pollution in case of a tank breach or leak.


In January 2011, the state moved for contempt when Munce's allegedly failed to comply with the order.


After the legal action was temporarily halted because of Munce's bankruptcy filing in March 2011, the superior court ordered Munce's to close all the tanks within 10 days or face penalties of $1,000 per day starting in September 2011.


In February 2012, the state sought penalties after Munce's allegedly failed to comply with the court order.


The court imposed penalties against Munce's for each day from Oct. 4, 2011 to April 12, 2012, for a total of 192 days.


Munce's allegedly failed to comply with the court order until the beginning of June for an additional 420 days out of compliance with the order.


The court suspended payment of $210,000 of the additional $420,000 in penalties for five years on the condition that the company comply with the law in the future.


In total, Munce's incurred $612,000 in penalties for allegedly failing to comply with petroleum storage laws since September 2011.

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