DOT Hit for Illegal Dumping

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At a press conference in Concord, the Attorney General announced that the Franklin Yard and the Bailey Bridge Yard have long been dumping grounds for hazardous waste.

Both facilities are operated by the state Department of Transportation.

DOT Commissioner Chuck O’Leary told reporters it’s clear that some Department employees just don’t get it.

13:49 I have Already starting the process of disciplinary action. More disciplinary action is imminent. When we finish with the help of DES, we will be the best neighbors that people can have.

Citing state personnel rules, O’Leary declined to answer any questions on the nature of the disciplinary action or how many people are involved.

The issue came to the Attorney General’s attention in late 2005, after DOT officials handed over information stemming from its own internal investigation.

According to the agreement reached between the AG’s office, DOT and the state Department of Environmental Services, the Transportation Department will pay nearly $330,000 in penalties.

The highest fine, $100,000 dollars, is for action in 1980 when employees buried two one-ton pallet loads of lead-based paint and epoxy in the foundation of the Franklin Paint Shed.

DOT Commissioner O’Leary says illegal dumping continued periodically up through 2005 when a work crew supervisor didn’t properly dispose of some materials.

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4:10 apparently there were excess amounts that didn’t fit in the big container. So this individual went to the job site, put it in a couple of five gallon containers, put it in the back of his pickup and transported it, and disposed of it improperly at the Franklin Yard. Guilty as charged.

Under state law, a person can be prosecuted for illegally dumping hazardous waste.

But Assistant Attorney General Esther Piescheck says her office didn’t pursue the option.

1:20 After looking at the evidence, and reviewing all the information we got through the interviews, the AG made decision, difficult to prosecute given that there is a cultural issue at DOT.

It’s not clear exactly what the cultural issues are at the Department of Transportation.

DOT’s Commissioner says supervisors are not only obligated to follow environmental guidelines, but were trained to do so.

A DOT spokesperson says that the supervisor in question is considered a good employee by some.

The spokesperson says it’s possible that budgetary concerns played a role in the dumping.

In other words, at least by some at DOT, supervisors who are thrifty with their budgets are seen in a favorable light.

Either way, Assistant AG Piescheck says the goal is to change DOT practices.

1:38 we feel the administrative order by consent addresses that issue better than any criminal prosecution would. And that the order requires DOT to have a third party do a full environmental audit of all their practices with regard to environmental compliance. To do separate site investigation.

Franklin Representative Jim Ryan says he’s not going to let this situation go anytime soon.

The head of the Transportation Committee says he plans to hold hearings on the matter this summer.

And he’s already prepared some questions.

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1:21 how did the investigation go? How did this happen? What remedies do you plan? How can you be more sensitive to environmental concerns? What does the future hold? You are involved in numerous projects...are you correctly and environmentally sensitive and are you doing so in a manner that the property and livelihood of NH residents are protected. Those are threshold questions that need to be addressed.

The Department of Environmental Services says it will hold a public hearing in the Franklin area the week of June 25th.

For NHPR News, I’m DG.