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September 18, 2013

Environmental Judge Orders Budzyn Removal & Recycling to Pay $17,301 Penalty for Failure to Obtain a Solid Waste Permit

Judge Thomas Durkin of the Environmental Division has imposed a $17,301 penalty against Fred Budzyn d/b/a Budzyn Removal & Recycling located in Berlin, Vermont, for operating a solid waste facility without the necessary permit.

In imposing the $17,301 penalty the Court found that the tires stored on Mr. Budzyn’s property in Berlin constituted “solid waste,” primarily because the original owners of the tires discarded the tires and Mr. Budzyn received a fee for removing the discarded tires for recycling, reuse, or disposal. As such, Mr. Budzyn’s operation of Budzyn Removal & Recycling since July 2005 without a solid waste certification was unlawful.

After filing an Administrative Order with the Environmental Court, Agency of Natural Resources staff met with Mr. Budzyn on several occasions to try to resolve the violations without needing a trial. These efforts were ultimately unsuccessful, and a one-day trial ensued. As a result of the evidence presented at trial, the Environmental Division found that Mr. Budzyn d/b/a Budzyn Removal & Recycling committed the violations alleged by the Agency and imposed a penalty of $17,301.00.

As a result of the commencement of the enforcement action Mr. Budzyn has since applied for a solid waste certification. His application has been received and determined to be administratively complete. As part of the permitting process, Mr. Budzyn has been required to obtain a financial responsibility instrument designed to ensure a clean-up at the facility, should he fail to fulfill this obligation. With the permit application completed, and the financial responsibility instrument in place, it is expected that a permit will be issued in the near future.

Contact: Katie Taylor, 802-279-4304, katie.taylor@state.vt.us

Source: Agency of Natural Resources
Last Updated at: September 18, 2013 15:46:20
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