A New Hampshire wood-burning electrical company has been ordered to seek a new building permit before it can fuel its plant with construction and demolition debris, according to a report in the Union Leader (Manchester, N.H.)
The decision came down from the Merrimack Superior Court against Bio Energy Corp., Hopkinton, N.H. The company’s old permit came under question by the community and the New Hampshire Department of Environmental Services (DES) after it was reported in October that Bio Energy released an unknown amount of lead into the air in 1995 by burning C&D material.
Bio Energy did not have a permit to use C&D debris to fuel its electric plant in 1995 when a monthly ash test revealed high levels of lead¾nearly three times the 700 milligrams per kilogram state limit, according to the Concord Monitor (Concord, N.H.)
The Monitor reports that painted wood chips were accidentally mixed in with clean wood during the three-month period.
After the test, Bio Energy submitted to bi-weekly ash checks, all of which came back clean, says Jim Martin, spokesman for the New Hampshire DES. The company obtained a permit that allowed the burning of construction and demolition debris and lead emissions of up to 2.67 tons of lead per year in 2003, Martin says.
The court ruled that the plan to burn recycled wood chips represents a change of use and therefore, requires a new permit, according to the Union Leader.
Bio Energy is undaunted by the ruling, spokesman Paul Young tells the paper.
“The town cannot deny the building permit based on air regulation issues and solid waste permit issues,” he says. “Now they know the ground rules under which they can apply for permits and go through the process.”