Kimball Physics Fined for Hazardous Waste Management Violations

Attorney General Joseph A. Foster and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services (“NHDES”) announce that the Hillsborough County Superior Court South approved a consent decree between the State and Kimball Physics, Inc., (“KPI”) resolving allegations of violations of the Hazardous Waste Management Act at KPI’s facilities in Wilton, according to a press statement.

The decree assesses a total civil penalty of $130,000, to be paid within 10 days. In addition, KPI must pay for three unannounced third-party hazardous waste compliance evaluation inspection audits at its facilities through December 2016.

KPI, a Delaware corporation with its main office in New Hampshire, designs and manufactures electron emitting and related machines and equipment in Wilton. As a generator of hazardous waste, KPI was required to comply with specific rules regarding the determination of whether chemicals were hazardous waste and the rules for then handling, storing, transporting and disposing of these wastes.

After a site visit in 2009 and subsequent inspections in 2012, NHDES determined that KPI’s management and storage practices in a particular storage area of its facility violated those rules. Among other things, KPI failed to determine what chemicals were hazardous waste in the storage area, managed this area in violation of the hazardous waste rules and without utilizing a trained individual, stored incompatible chemicals improperly and failed to post emergency information as required.

“It is critically important for regulated businesses to stay in compliance with the hazardous waste rules, which are designed to protect our health and safeguard the environment. I am pleased that KPI has come to understand the seriousness of these matters and will manage its hazardous wastes properly and safely now and in the future,” said Thomas Burack, NHDES Commissioner.

After NHDES conducted formal inspections in August 2011, KPI fully cooperated with NHDES and corrected its hazardous waste storage and management practice violations in a timely manner.

“The penalty and audits that are part of this settlement are designed to ensure that KPI and others comprehend the importance of fully complying with hazardous waste management rules and that KPI will continue to properly handle the hazardous wastes it generates,” said Attorney General Joseph Foster.