N.H. gas station settles matter with attorney general

By Bryan Cohen | Apr 24, 2014

CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Joseph Foster announced an agreement on Tuesday with the owner of a convenience store to resolve allegations of underground storage tank regulation violations.

ENI 626 & 630 Gibbons Highway LLC, the owner of the Wilton-based Brookside Mini Mart and gas station, allegedly failed to notify the Department of Environmental Services prior to closing its underground storage tanks. ENI allegedly conducted permanent tank closure activities, including excavation and removal of four petroleum storage tanks.

New Hampshire law requires that the DES be notified at least 30 days prior to removing underground storage tanks.

"Notification requirements such as these are essential, not only for determining whether there is a party liable for contamination, but also for assessing the best remedial response required," Foster said. "Notification also allows DES to proactively identify equipment issues that could cause problems at other facilities and that should be avoided in future installations in order to protect the environment and our citizens."

The Hillsborough County Superior Court South approved a consent decree between the state and ENI. Under the terms of the consent decree, ENI agreed to pay a $40,000 civil penalty. ENI neither admitted nor denied the allegations, as part of the agreement.

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