Attorney General Philip T. McLaughlin and Department of Environmental Services Commissioner Robert W. Varney announced today that the state has settled its lawsuit against the Travel Centers (formerly Travel Ports) truckstop in the Town of Greenland and the property owner, Seigel Limited Partnership. Travel Centers and Seigel agreed to pay a $225,000 civil penalty and to build a sewer connection from the truckstop to the City of Portsmouth's Sewer System.

On May 26, 1999, the State filed a Petition for Preliminary and Permanent Injunctive Relief and Civil Penalties in the Rockingham County Superior Court against Travel Ports and Seigel. The State's petition sought injunctive relief and civil penalties against the defendants for violations of the New Hampshire Water Pollution and Waste Disposal Act, RSA 485-A.

Travel Ports operated a truckstop on property owned by Seigel in the Town of Greenland. Seigel acquired the property in 1983 and began leasing it to Travel Ports in 1994. In May of 1995, the New Hampshire Department of Environmental Services, Subsurface Systems Bureau (the DES) discovered that the truckstop's sewage and other waste flowed from a failed septic system into an adjacent bog. The bog, known as Great Bog, is connected to Great Bay via the Pickering Brook. The DES had no record of approving any plans for the septic system nor was it notified when the septic system failed and caused thousands of gallons of raw sewage to flow into Great Bog. As a result of the discovery, the DES issued the property owner, Seigel, a Letter of Deficiency,m which requested Seigel to immediately prevent any further discharges and to construct an approved system within sixty days.

In December of 1996, the DES re-inspected the truckstop in response to a citizen's complaint. The inspection documented that sewage and wastes were continuing to be discharged from the truckstop. On January 10, 1997, the DES sent an Administrative Order to the defendants ordering them to immediately cease any discharges and to submit a proposal for a permanent solution for wastewater disposal within thirty days. IN the meantime, the DES referred the matter to the Environmental Protection Bureau of the Attorney General's Office for legal action.

The New Hampshire Water Pollution and Waste Disposal Act (RSA 485-A) prohibits the discharge of untreated sewage and requires property owners to get DES's approval before installing a septic system. Similarly, the Act requires DES approval any time a building expansion has the potential to increase the load on a septic system. The truckstop did not have an approved septic system, nor did it ever seek the DES's authorization for any of the expansions of the business.

After the State filed its lawsuit, T.A. Operating Corporation d/b/a Travel Centers of America took over the truckstop operated by Travel Ports of America, Inc.

On November 19, 1999, the State and the defendants filed a Consent Agreement in the Rockingham county Superior Court. The Consent Agreement requires the defendants to remove the failed septic system and to construct a sewer line and pump station to send all of its 15,000 gallons/day of sewage to the City of Portsmouth's Wastewater Treatment Facility. In addition, the defendants agreed to pay a civil penalty in the amount of $225,000. $150,000 of the penalty must be paid in cash. The balance of the penalty ($75,000) will be satisfied through the defendants' performance of supplemental environmental projects. The defendants are required to spend approximately $25,000 to construct a stormwater treatment system at the truckstop and to pay the City of Portsmouth $50,000 for improvements to the City of Portsmouth's sewer lines.

In filing the consent Agreement, Attorney General Philip T. McLaughlin stated, "The discharge of raw sewage to the environment is intolerable. The law strictly prohibits such discharges and provides for significant penalties. This office is committed to vigorously enforcing the laws protecting New Hampshire's water supplies and the public from pollution."

In expressing his satisfaction that a settlement had been reached, Commissioner Robert Varney said, "The Great Bog is an important watershed as Pickering Brook flows directly from the bog to Great Bay, a highly sensitive natural resource. The enforcement action will lead to improvements in the water quality of this important watershed. It also sends a message that polluting the waters of the state will not be allowed."

For further information, please contact Assistant Attorney General Geoffrey Ransom at (603) 271-3679.