For Immediate Release - November 04, 2011

New York Company That Failed to Pay Hazardous Waste Transport Fees Subject of Lawsuit by AG Coakley’s Office

BOSTON – A New York trucking company that had been transporting hazardous waste on the Commonwealth’s roads is being sued for failing to pay nearly $330,000 in hazardous waste transport fees, Attorney General Martha Coakley announced today.

The Attorney General’s lawsuit alleges that in 2008 and 2009 Price Trucking Corp., at that time a licensed hazardous waste transporter in Massachusetts, failed to pay more than $329,500 in hazardous waste transport fees to the Commonwealth.  The state’s Hazardous Waste Management Act requires all hazardous waste transporters to pay quarterly transporter fees based on the quantity of hazardous waste transported.  

“Massachusetts’ law requires licensed hazardous waste transporters to pay transport fees in order to ensure that resources are available to cover the costs of hazardous waste spills in the Commonwealth,” said Attorney General Coakley.  “When Price Trucking applied for and accepted a license to transport hazardous waste in Massachusetts, it became obligated to pay those fees, which it has failed to do for years.”

The Attorney General’s Office is seeking an order requiring Price Trucking to make immediate payment of the unpaid fees, plus interest, and to provide the Commonwealth copies of certain electronic monitoring reports documenting the quantity of hazardous waste it transported during 2009.

According to the lawsuit, Price Trucking, fell behind in its quarterly hazardous waste transporter fee payments in late 2008 and continued to fail to make the required payments throughout 2009.  The complaint also alleges that audits of transport records by MassDEP in 2008 and 2009 revealed that Price Trucking owed additional fees beyond those disclosed in its quarterly reports.  As a result of the non-payment, according to the complaint, MassDEP suspended Price Trucking’s transporter license in January 2010 and that the license has since expired.  While Price Trucking is no longer licensed to transport hazardous waste in Massachusetts, as alleged in the complaint, the company continues to operate as a hazardous waste transporter in New York and other states.    

“By failing to submit the required reports for the period of July 2009 to January 2010, Price Trucking prevented MassDEP from ensuring the company was meeting and in compliance with its transporter license and state hazardous waste regulations,” said MassDEP Commissioner Kenneth L. Kimmell.

Assistant Attorney General Tracy Triplett of AG Coakley’s Environmental Protection Division is handling the case with the assistance of MassDEP attorney Christine Ayers, as well as Kristin LaCroix, Director of MassDEP’s Division Technical and Financial Support, Annette Molyneaux, BWSC Auditor, Michael Hurley, Hazardous Waste Data Manager, Bureau of Waste Prevention and William Sirull, Chief of Enforcement Support in MassDEP’s Business Compliance Division.