CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Michael Delaney announced a settlement on Thursday with Plourde Sand and Gravel Inc. for air emission violations.

Plourde allegedly failed to obtain permits and violated existing permits related to air emissions for diesel generators at its Allenstown and Hooksett facilities.

Plourde also allegedly did not respond to requests for information and did not file timely annual emission reports or pay required air emission fees. Additionally, the company did not comply with a state-issued administrative order's requirements.

While the lawsuit was pending, Plourde continued to commit additional violations of the state's air pollution control rules.

Diesel generators are used by Plourde for onsite processing of sand and gravel. The generators' emissions, including nitrogen oxide, can aid in causing the air pollution that causes smog, Delaney says. To combat this, the state has requirements to obtain permits in advance of installing generators and has record-keeping and reporting requirements for monitoring emissions.

Plourde has failed to respond to requests for information in the past, and has a history of failing to keep required records or install devices prior to obtaining required permits, Delaney says.

The settlement, in an attempt to address the potential for future violations, requires Plourde to retain a qualified professional who will assist with submitting air-related information.

Plourde, which admitted to all of the violations in the state's petition, also agreed to pay all emissions fees due. It was also assessed a civil penalty of $80,000, with $20,000 suspended if Plourde does not commit and other violations within three years of the date of the settlement.

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