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Old 05-23-2007, 08:22 AM
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Default Connecticut AG Calls for Clean Up of property

Connecticut Attorney General Richard Blumenthal and Department of Environmental Protection Commissioner Gina McCarthy announced legal action to force cleanup of dangerous hazardous waste at an illegal dump in Plainville, Ct.

Connecticut claims that Shultz Salvage illegally operated as a waste facility for decades without a permit, discharging various forms of pollution into soil and groundwater.

Despite a history of violations and enforcement action, Shultz Salvage failed to remove waste from this property. State inspectors recently discovered 14 tanks that have been at the site since at least 1990 that contain ignitable hazardous waste.

In a lawsuit announced against Shultz Salvage and several others, Blumenthal and McCarthy are seeking civil penalties as high as $25,000 per day per violation, and a court order prohibiting Shultz Salvage from continuing to operate, and requiring cleanup and disposal of waste at the site.

Those responsible have informed state officials that they have contracted to clean up the hazardous material. Blumenthal and McCarthy said state inspectors will vigilantly monitor to ensure the cleanup is done immediately and properly, while the state aggressively pursues its legal action.

"Today's action should end Shultz Salvage's determined disregard for the environment and defiance of the law," Blumenthal said. "Persistent and pernicious pollution alleged at the site - including dangerous hazardous waste - has likely caused grave damage. We will pursue court orders and penalties to punish anyone responsible for harm to precious natural resources."
William S. Bergenty has owned or controlled the property since 1982.

Bergenty, his son William F. Bergenty, former Shultz Salvage president Paul Manafort and Mizzy Construction of Plainville, which allegedly dumped waste at the site, are all named as defendants. While Shultz Salvage is listed as the corporate owner of the site, the company was dissolved by the Secretary of the State in 1985.

The state has never permitted Bergenty - or anyone - to operate the waste facility. The operation has a history of violations, including a 1980 DEP order against Shultz Salvage and its president, Manafort, that required, among other things, ceasing waste disposal at the site and compacting and covering exposed waste. Manafort failed to comply with the order at all.

The site contains numerous abandoned tanks with waste material that are open to the elements; thousands of tires; junked vehicles, trailers, trucks, heavy equipment, boats, aircraft parts, and batteries; and areas of debris extending into wetlands.
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