Car Wash Fined $35,000 For Pollution Incident

By Andrew Gorosko

The state Department of Energy and Environmental Protection (DEEP) has taken court action to fine a local car wash $35,000 for an intentional April 2009 spillage of wastewater at its Simm Lane property, which polluted the site and entered a nearby stream.

Town land use officials recently learned that the fine was levied against GOV Car Wash, LLC, and GOV Real Estate LLC, both of Redding, in connection with the April 2, 2009, incident at Newtown Car Wash at 1 Simm Lane, off South Main Street. DEEP pursued the fine through legal action in Hartford Superior Court.

Through the legal action, the two firms were cited by the court for violating state law by polluting watercourses with wastewater.

Besides the $35,000 fine, which the firms have already paid, the court action included a permanent order that the firms comply with state law concerning water pollution and not allow any pollution to occur at the site.

Also, the court ordered the two firms to allow state pollution inspectors access to the property to inspect, investigate, and monitor compliance with state pollution laws.

Rob Sibley, town deputy director of planning and land use, said November 16 that the two firms have complied with the town Inland Wetlands Commission’s (IWC) orders regarding the April 2009 spillage incident.

Following the incident, the firms applied for a town wetlands/watercourses permit which later specified the environmental improvement measures that they would take in view of the pollution incident.

The firms performed a wetlands cleanup project, made some plantings, and submitted a list of “best management practices” that they would follow at the site for environmental protection, Mr Sibley said.

Also, the town issued the firms a fine for the pollution violation, he said.

The town makes repeated inspections at the car wash to ensure that the firms are complying with applicable pollution prevention law, Mr Sibley said.

In April 2009, approximately 2,500 gallons of wastewater was intentionally discharged from underground tank #3 at the car wash.

According to a town police report on the incident filed by Officer John McCluskey, “There was a grassy area next to the car wash parking lot in which there were pools of an oily substance….I spoke with the manager of the car wash, Robert Boyhen, and obtained a written statement. Boyhen stated that he had been pumping out an underground recycled-water tank, in an effort to make repairs in the tank.”

Ken LeClerc, a DEP emergency response coordinator for spills, has said that the wastewater discharged at the site apparently held oils, soaps, waxes, and dirt.

Following the spillage, environmental cleanup workers removed about 120 cubic yards of contaminated soil from a grassy area at the car wash, and also removed about 3,000 gallons of liquid, according to a statement from the DEP.

Sediment fencing, absorbent pads, and scattered hay was spread on the site for environmental control reasons. Also, absorbent booms were placed in a nearby unnamed stream to isolate any pollutants that had drained away from the car wash site.