Attorney General Kelly A. Ayotte and Commissioner Thomas S. Burack of the Department of Environmental Services (“DES”) announce that, on April 18, 2007, the Sullivan County Superior Court (Arnold, J.) issued an order approving a settlement between the State and Durgin and Crowell, Inc. (“Durgin and Crowell”). The settlement resolves a civil enforcement action involving violations of the State’s Air Pollution Control Act. The violations occurred at the Durgin and Crowell lumber mill located in Springfield.

Under the terms of the settlement, Durgin and Crowell will pay a total civil penalty of $76,000 to the State over the next several months and will purchase four emission credits to offset excess nitrogen oxide emissions.

In 2000, Durgin and Crowell received a permit from DES for the boilers and electrical generators located at the company’s lumber mill in Springfield. Among other things, the permit limited the amount of fuel that could be burned to operate the generators and boilers to ensure that the emissions would not exceed federal and State air quality standards. Durgin and Crowell exceeded many of these fuel usage caps, resulting in increased air emissions. In 2003 and 2004, Durgin and Crowell replaced two of its permitted diesel generators with new generators, but did so without approval from DES and without performing the required emissions tests. In addition, Durgin and Crowell used several emergency generators during this time without State authorization.

“Everyone is expected to be familiar with the terms of their permits and to follow them carefully,” said DES Commissioner Thomas Burack.

“Permits play a critical role in protecting air quality and human health,” said Attorney General Ayotte. “There is no excuse for violating requirements clearly spelled out in a permit.”

For additional information, please contact Assistant Attorney General K. Allen Brooks at (603) 271-3679.