Attorney General Kelly A. Ayotte and Commissioner Thomas S. Burack of the Department of Environmental Services (“DES”) announce that the Grafton County Superior Court (Arnold, J.) issued an order approving a $154,000 settlement between the State and MPB Corporation d/b/a Timken Aerospace (“Timken”). The settlement resolves a civil enforcement action involving violations of New Hampshire’s Air Pollution Control Act that occurred at the Timken manufacturing facility located in Lebanon.

The terms of the settlement are contained in a consent decree agreed to by both sides. The State’s case against Timken alleges that Timken violated air pollution rules and permit conditions starting in 2003. The list of violations includes, but is not limited to, operating a waste oil boiler for six months without a permit, burning waste oil that did not meet certain permit specifications, and failing to submit emission reports or pay emission fees in a timely manner. The violations were discovered during a compliance inspection in September 2006 at Timken’s Lebanon facility. Timken’s permit had allowed them to burn used oil.

Although Timken did not admit to any of the State’s allegations, it has, nevertheless taken significant measures to ensure that similar problems never occur in the future. The terms of the settlement provide that Timken will pay a civil penalty in the amount of $154,000 to the State’s general fund. In addition, the company has committed to implementing an environmental management system and to surrendering its air permit to DES. The company cannot reapply for an air permit until 2009.

“The substantial penalty assessed in this case is a reflection of the extent and duration of the documented violations. It is expected that the future compliance measures to be implemented by Timken to monitor its Lebanon facility, such as implementing an environmental management system, will reduce the likelihood of similar problems from occurring in the future,” said DES Commissioner Thomas Burack.

“Keeping New Hampshire’s air quality high is an important part of our environmental protection efforts,” said Attorney General Ayotte. “The State’s environmental laws must be followed.”

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