Salem, NH – Gateway Resource Recovery, LLC, a scrap metal dealer in Salem, New Hampshire, has been sentenced to three years of probation and a $20,000 fine following a guilty plea to a misdemeanor charge of reckless conduct. The case, brought to light by a collaborative investigation involving the New Hampshire Attorney General’s Office, the United States Environmental Protection Agency (EPA), the Air Force Office of Special Investigations, and the New Hampshire Department of Environmental Services, centered around the improper handling of potentially hazardous lead-containing waste.
The investigation revealed that Gateway accepted a powdery lead-containing material originating from the firearms range at Hanscom Air Force Base. This material was transported by NG Environmental Contractors and, critically, did *not* meet the state’s definition of “scrap metal” – a key exemption under New Hampshire’s hazardous waste regulations. State law dictates that scrap metal dealers can only accept lead-containing materials that qualify as scrap metal, avoiding hazardous waste regulations. The handling of the powdery substance, considered a significantly greater health risk than solid lead, occurred without the necessary permits or protocols for managing hazardous waste.
According to court documents, Gateway lacked the ability to properly track the ultimate disposition of the lead-containing powder. This raised concerns about potential environmental contamination and public health risks. The EPA’s Criminal Investigation Division played a crucial role in uncovering the deficiencies in Gateway’s handling procedures, highlighting the dangers of improperly managing hazardous materials, especially in a readily dispersible form like powder.
Legal Ramifications & Plea Agreement
Gateway pled guilty to one count of misdemeanor reckless conduct in Rockingham County Superior Court on February 29, 2012. The $20,000 fine imposed by the court includes a $10,000 suspension contingent upon the company’s adherence to a series of strict conditions over the next three years. These conditions are designed to prevent future violations and ensure responsible handling of potentially hazardous materials. Failure to meet these conditions will result in the full fine being reinstated.
Corrective Measures Implemented
As part of the plea agreement, Gateway is now prohibited from accepting any lead-containing material in powder form that would qualify as hazardous waste. The company is also required to maintain thorough documentation proving that any lead-containing material accepted as “scrap metal” genuinely meets the exemption criteria. Furthermore, Gateway must develop and implement written protocols for personnel, outlining proper procedures for identifying and handling unacceptable materials discovered on site. Finally, a designated representative from Gateway is mandated to attend hazardous waste training provided by the New Hampshire Department of Environmental Services and disseminate the learned information to all employees.
Key Facts
- Defendant: Gateway Resource Recovery, LLC
- Crime: Reckless Conduct (misdemeanor)
- Location: Salem, New Hampshire
- Year: 2012
- Statutes Violated: New Hampshire Hazardous Waste Laws (specifically regarding scrap metal exemptions)
- Penalty: 36 months probation and a $20,000 fine ($10,000 suspended for 3 years contingent on compliance)
- Source of Waste: Firearms range at Hanscom Air Force Base
- Investigating Agencies: NH Attorney General’s Office, US EPA, Air Force Office of Special Investigations, NH DES
This case serves as a stark reminder of the importance of proper hazardous waste management and the potential consequences for businesses that fail to comply with environmental regulations. Authorities emphasize that vigilance and adherence to established protocols are essential to protecting both public health and the environment.
Source: EPA ECHO Enforcement Case Database
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