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News Release

For Immediate Release
July 30, 2010

Assistant Attorney General Evan J. Mulholland
(603) 271-3679

J.A. Bourque & Sons, Inc. Ordered to Remove from Service its Above Ground Petroleum Storage Tanks

Attorney General Michael Delaney and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services ("DES"), announce that, on July 26, 2010, the Hillsborough County Superior Court (Northern District) issued a preliminary injunction ordering J.A. Bourque & Sons, Inc., of Manchester to drain its seven above-ground petroleum storage tanks (ASTs), and take them out of service until secondary containment structures are installed. The order requires J.A. Bourque & Sons, Inc. to complete the process of draining the ASTs and removing them from service by August 9, 2010.

Pursuant to state law, all ASTs were required to have installed secondary containment by May of 2008. Secondary containment for ASTs is a system that is designed to prevent petroleum products from entering the environment, if an AST were to leak.

The injunction was sought by the State in connection with a lawsuit filed on June 21, 2010 by the State of New Hampshire against J.A. Bourque & Sons, Inc. The State's petition alleges that J.A. Bourque & Sons, Inc. failed to install secondary containment for its AST facility at 30 Ohio Avenue in Manchester. The AST facility at 30 Ohio Avenue consists of seven tanks holding primarily diesel fuel and No.2 fuel oil. A leak in any of these ASTs may result in a discharge to nearby surface waters or to the groundwater. In addition, the facility is within the drinking water source protection area for the Pennichuck Water Works.

Attorney General Michael Delaney stated, "The waters of this State are a precious resource and this Office will continue to seek enforcement of the secondary containment rules for ASTs to reduce the risk of discharge." DES Commissioner Thomas Burack said, "The secondary containment rules for ASTs provide an important safeguard against accidental discharges of oil. This injunction will reduce the risk of a petroleum discharge at the facility."

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