[A] Brownington man will pay the state $12,000 for unlawfully burning and burying remnants of a house fire.
The Vermont Superior Court Environmental Division approved a settlement on Tuesday between the state Agency of Natural Resources and Michael Riendeau Sr. for his violations of state air pollution and solid waste regulations. Riendeau also has to properly dispose of the charred waste under the settlement.
In July 2016, a witness saw six dump trucks unload demolition debris and household items at Riendeau’s property that came from a house that had burned down in Orleans the previous year.
Riendeau set fire to the debris pile on the night of July 22, 2016, creating flames “that rose approximately three stories high and emitted gray and black smoke,” according to the settlement agreement. A neighbor shut their windows in an effort to keep out smoke from the fire that smoldered into the next day.
The Orleans County Fire Department came the next evening and spent around two hours putting out the fire, according to the settlement agreement. When firefighters left at midnight, part of the burned structure and other household items still remained.
The next day, Riendeau used heavy equipment to bury the charred material.
A call from a concerned neighbor prompted the state’s Department of Environmental Conservation to investigate the matter, said Kane Smart, an attorney for the DEC. The fire was “an issue of relatively significant community concern,” he added.
The state fined Riendeau because of the level of environmental damage and the potential threat to human health and safety from the fire, said Smart. Burning non-natural materials releases pollutants that can degrade air quality and settle into soil and water. Improperly buried waste can also release toxins into the environment.
The settlement was reached more than two years after the incident to allow time for an investigation and settlement discussions, said Smart. He noted that the DEC likely would have pursued a higher fine if Riendeau had not expressed willingness to settle.
“This was not as clear cut of a factual case as some can be,” he said. “To get all of the facts in line, witnesses (gathered), information collected … took a fair amount of time.”
Smart acknowledged that while the state did not pursue enforcement action against the owner of the house that burned down, the property owner “in theory” sought a way to improperly dispose of waste by contacting Riendeau.
“And that is concerning,” he added.
The state does not have specific funds set aside for helping homeowners properly demolish and dispose of fire damaged structures, but the DEC’s solid waste program staff can guide a property owner through proper disposal steps, said Smart.
“It’s a real concern that the proper disposal of this material can be costly,” he said. “And it’s a position landowners find themselves in unwillingly” after a fire.
Standard homeowners insurance plans covers the cost of debris removal, however homeowners are not required to have insurance.
Riendeau did not return a phone message Thursday seeking comment.
