For Immediate Release
November 4, 2011
Daniel J. Licata, Assistant Attorney General
Environmental Protection Bureau
New Hampshire Attorney General Michael A. Delaney announces that, on October 31, 2011, the Grafton County Superior Court issued an order closing the Homestead Inn in Sugar Hill, NH as a commercial establishment. The Court issued its order in response to a request from the Attorney General's Office to close the Homestead Inn for failure to test its water and for other violations of the safe drinking water laws.
By way of background, on May 4, 2010, the Attorney General's Office obtained a final judgment in a civil action against Paul Hayward, the owner/operator of the Homestead Inn ("Inn"). The lawsuit alleged and the Court found that Mr. Hayward had repeatedly violated State safe drinking water laws by failing to test Inn water samples as required by law and by failing to post the required public notices of the testing failures. Part of the Court's final judgment provided that if Mr. Hayward committed any future violations of State safe drinking water laws with respect to the Inn, the State could request an order closing the Inn as a commercial establishment.
On July 22, 2011, the Attorney General's Office filed a motion with the Court requesting closure of the Inn. The motion alleged Mr. Hayward had, as owner/operator of the Inn, committed new violations of State safe drinking water laws since the final judgment, by again failing to test Inn water samples as required by law and by failing to post the required public notices. On September 29, 2011, the Superior Court held a hearing on the State's motion. As a result of the hearing, the Superior Court issued its October 31, 2011 order, which in addition to ordering the immediate closure of the Inn, also provided that before Mr. Hayward can re-open any establishment, which would qualify as a public water system, at the Inn location, he must, among other things, first retain a certified water system operator to ensure that water samples are taken and tested for a period of three years.
Attorney General Delaney stated, "This State's safe drinking water laws protect and inform the public. This office will vigorously enforce these laws."
A written copy of the Superior Court's October 31, 2011 order is available upon request.
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