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Rutland County Man Sentenced On Felony Environmental Crimes

CONTACT: Annika Frostick, Robert F. McDougall, Assistant Attorney General, (802) 828-5585, (802) 828-5506

February 4, 2010

Vermont Attorney General William H. Sorrell announced today that David B. McLellan of Mt. Tabor, Vermont was sentenced on three felony environmental crimes: one count of illegal storage or disposal of hazardous waste, one count of illegal storage or disposal of solid waste, and one count of illegal release of hazardous materials. The convictions stem from an investigation conducted by the Attorney General’s Office and the Vermont Agency of Natural Resources in 2008 which discovered the burial by McLellan of twenty three 55-gallon steel drums containing hazardous materials, including waste oil, on his property in Mt. Tabor, Vermont.

Judge Thomas A. Zonay sentenced McLellan to one to three years in jail, all suspended, and placed him on two years of probation, subject to standard and special probation conditions, including conditions that he: permit the Agency of Natural Resources to access his business properties upon request; obtain all necessary permits for waste disposal; and appear before the Rutland County Reparative Board. The judge also sentenced McLellan to pay $29,077.24 in restitution to the Agency of Natural Resources for excavation and cleanup costs and a $10,000.00 fine.

“Crimes of this nature directly impact the environment of Vermont and put the well being of Vermonters at risk,” said Attorney General Sorrell. “Had these actions not been reported to the State so quickly, there was the potential for significant environmental contamination at the site and surrounding community,” he added. “We will continue to be vigilant in prosecuting crimes against Vermont’s environment.”

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