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News Release

For Immediate Release
October 19, 2009

Senior Assistant Attorney General Lauren J. Noether
(603) 271-3679

Concord Resident Charged with Environmental Crimes Related to Solid Waste and Septic Violations

Attorney General Michael A. Delaney announced that a Merrimack County Grand Jury sitting on October 16, 2009 handed down three misdemeanor charges for environmental crimes against Kevin M. Guay of Concord. Two of the three informations charge that Guay, of Currier Road in Concord, unlawfully operated private solid waste facilities at 180 Clinton Street and 30 Villanova Drive in Concord. The offense at Villanova Drive alleges that Guay operated a solid waste facility by keeping buried waste on the property without obtaining a permit from the Department of Environmental Services. The Clinton Street charge alleges that Guay kept a solid waste pile on that property without a permit. The third offense alleges that Guay unlawfully maintained a subsurface sewage or waste disposal system by running septic waste from the septic tank through a hose and out onto the ground. The information alleges that Guay failed to maintain the septic system in a lawful manner. "The charges are the culmination of an investigation involving Concord Police, the Department of Environmental Services, the Environmental Protection Agency and my office and show our commitment to seek justice for environmental harm and wrongdoing," said Attorney General Delaney.

A petition was also filed today by the Office of the Attorney General on behalf of the Department of Environmental Services instituting a civil suit against Kevin Guay for the unlawful disposal of the solid waste described above. According to the civil petition, Mr. Guay was paid by others to remove solid waste and brought or arranged to have it brought to his property on Clinton Street where it was unlawfully disposed. The petition alleges that Mr. Guay later removed it to another property, located at Villanova Drive, after a 2007 letter sent by the City of Concord ordered Guay to dispose of the waste pile properly. The suit alleges that Mr. Guay buried a significant amount of solid waste at the 30 Villanova Drive property. The two properties were not facilities permitted by the Department of Environmental Services as required for storage or disposal of solid waste. Attorney General Delaney said, "The petition requests that the Court assess civil penalties up to the maximum allowed by law for the unlawful disposal of solid waste at both the Clinton Street and Villanova Drive properties." The maximum penalty is $25,000 per day for each violation and for each day of each continuing violation. "This office will continue to vigorously enforce our environmental laws so that the citizens of New Hampshire do not bear the monetary and other costs associated with environmental harm," said Attorney General Delaney. "We all have a duty to treat our environment with respect by obeying our environmental rules and statutes."

New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658