For Immediate Release
December 8, 2010
Assistant Attorney General Daniel Licata
Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services ("DES"), announce that, on December 3, 2010, the Merrimack County Superior Court (Smukler, J.) issued a default judgment against Kevin Guay of Concord, New Hampshire for violations of New Hampshire solid waste laws. The court found Guay in default because he failed to file an appropriate answer to the State's lawsuit. The default judgment comes after the court had already given Guay additional time to file an answer. This default became a final judgment when Guay failed to object to the State's motion for entry of final judgment and proposed decree.
In the final judgment, the court assessed a $100,000 civil penalty against Guay, with half being suspended if Guay complies with the other portions of the judgment. The final judgment also requires Guay to provide documentation that he disposed of solid waste previously on his Concord properties at an approved solid waste facility. To date, Guay has failed to provide any such documentation.
The final judgment is the third against Guay this year. On August 31, 2010, the Merrimack County Superior Court assessed a $220,000 civil penalty against Guay after finding that he had violated numerous wetlands laws and water quality laws. The court later suspended a significant portion of this penalty because of Guay's financial difficulties. On October 29, 2010, Guay was also convicted of three misdemeanors for the disposal of solid waste at his properties on Clinton Street and Villanova Drive in Concord as well as violations of State septic laws. After the State discovered the solid waste that formed the basis of the criminal case, DES required Guay to remove it to a licensed facility and provide documentation of its disposal. The solid waste is now gone but Guay has provided no documentation as to its whereabouts. The failure to do so prompted the State's latest suit.
"If someone continues to violate State environmental laws, we will continue to pursue them," said Attorney General Delaney.
"We need to ensure that people dispose of waste properly, " said Commissioner Burack. "We are hopeful that our diligence will result in total compliance and a better environment."
A copy of the judgment is available upon request.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301