This column focuses on noteworthy enforcement actions taken by MassDEP's Bureau of Waste Site Cleanup from October through December 2006.  The statements of fact below are MassDEP allegations and have not necessarily been admitted to by the parties subject to enforcement.  Additional information about enforcement actions is available on MassDEP's web page: www.mass.gov/dep/public/press/enforce.htm

Failure to Notify

• MassDEP entered into an agreement with a transportation company for a $9,717.50 penalty for failure to notify within 2 hours of a release greater than 10 gallons of diesel fuel. The local conservation commission notified MassDEP of a tractor-trailer with a ruptured diesel tank.  The release impacted soil and a catch basin that leads into a lake. Based on information provided, MassDEP determined that the release occurred three days earlier when a tractor-trailer struck a hydrant, damaging the passenger-side saddle tank. The driver had attempted to capture the leaking diesel in a container and estimated the release was less than 10 gallons. However, based on observations by MassDEP, the volume of contaminated soils in the drainage system and in the lake does not support this claim.  Furthermore, a statement later submitted to the Department states that 35-40 gallons were released.  In addition to paying the penalty, the company agreed to perform required response actions under a compliance schedule.  ACOP-SE-06-3E009
  
• MassDEP entered into an agreement for a $8,200 penalty with a gasoline retailer for failing to notify of a release of 50 gallons of diesel fuel within required timelines.  Notification to MassDEP was delayed for more than five hours after the discovery of the sudden release.  The company also took additional time to hire an LSP to complete the necessary cleanup.  ACOP-CE-06-3E033

Illegal Discharge

• MassDEP entered into an agreement for a $11,500 penalty with a service company for discharging floor stripping chemicals in a storm drain at a school.  MassDEP was notified of the release a week after the incident occurred; after which, the company performed response actions.   ACOP-WE-06-3015

Enforcement from Audits

• MassDEP entered into an agreement with the owners of a property for a $9,600 penalty, restitution of $171,942.08 to the Department for conducting time critical response actions and payment of annual compliance fees in relation to the presence of tannery waste at the property.  The site has a long history of noncompliance that included the issuance of a Notice of Intent to Perfect a Lien by MassDEP. The violations encountered at the site include failure to perform required response actions, including an Immediate Response Action (IRA), and submittal of a Class A2 Response Action Outcome (RAO) that was later retracted at the conclusion of a MassDEP audit.  In addition to paying the penalty, compensating the Department for conducting the IRA and paying compliance fees, the property owners agreed to conduct required response actions under a compliance schedule.  ACOP-SE-06-3A-010
  
• MassDEP entered into an agreement for a $30,000 penalty with a dry cleaning company for waste site cleanup violations. This location is the source of a tetrachloroethyne (PCE) release that has impacted nearby residential and commercial buildings. MassDEP determined that a Class C RAO statement submitted relative to this site was not in compliance with requirements and determined it was not valid. In addition, the company failed to follow up on required response actions for the site.  The company has agreed to pay the penalty and perform response actions within compliance deadlines. MassDEP has agreed to suspend a portion of the penalty pending compliance with the agreement.   ACOP-NE-06-3R016
  
• MassDEP entered into an agreement for a $37,000 penalty with a realty trust for the unapproved removal of vapor-phase treatment from a remedial system operating at the site and for significant modification of a previously approved remedial plan. The trust is the current operator managing the property where a release of fuel oil was the source of indoor air impacts in a residential building. Compliance deadlines have now been set to re-install the vapor-phase treatment and to complete response actions, including the submittal of an evaluation of potential risk to workers and residents caused by the removal of the vapor-phase treatment. MassDEP has agreed to suspend a portion of the penalty pending compliance with the agreement.  ACOP-NE-06-3R015

Deadline Enforcement

• MassDEP has entered into an agreement for a $30,000 penalty with the owner of a commercial property where an oil storage facility was formerly located for failing to clean up contamination at the property.  Petroleum contamination was first reported on October 23, 1989, and to date, underground tanks still need to be removed from the property.  In addition to paying the penalty, the property owner has agreed to a compliance schedule to perform response actions.  A portion of the penalty was suspended pending compliance with the agreement.  ACOP-NE-06-3A032
  
• MassDEP issued a $21,000 unilateral penalty, together with an order to conduct required response actions to the owners of a commercial property for failure to address past releases of diesel fuel and gasoline at the property. The property was the location of a former moving and storage company as well as a former gasoline station. The owners were first notified of their obligations in February 2002 and have failed to pursue remedial response actions even after receipt of a Notice of Noncompliance.  PAN-WE-06-3006 and UAO-WE-06-3003
  
• MassDEP entered into an agreement for a $35,000 penalty with a real estate trust for failure to complete response actions within the established deadlines.  In addition to paying the penalty, the trust has agreed to perform required response actions under a compliance schedule.  A portion of the penalty has been suspended pending compliance with the agreement.  ACOP-NE-06-3A005
  
• MassDEP issued a $31,720 unilateral penalty, together with an order to conduct required response actions to the owners of a commercial property for failure to perform response actions due to a release of oil at the property. The property is used to store heavy equipment.  MassDEP issued a notice of noncompliance for the violations and the company has failed to respond. PAN/UAO-SE-06-3T-003

LSP/consultant enforcement

• MassDEP issued a notice of noncompliance to a consultant for applying remedial additives at a site without a valid Tier I Permit.  Although a Tier I Permit application had been submitted to MassDEP, the remedial additives were applied prior to the effective date of the permit.  NON-NE-06-3R054
  
• NONs were issued to an LSP and a risk assessor for submitting false, incomplete or misleading statements in conjunction with an Imminent Hazard (IH) Evaluation indicating No-Significant-Risk existed at the site.  After a MassDEP audit of the IH evaluation submittal, it was concluded that an IH condition was present at the site and that the submittal was in violation of the MCP and not valid.  NON-NE-06-3A185 and NON-NE-06-3A183

Demand for Stipulated/Suspended Penalties

• MassDEP issued two Demand Letters to public entities to pay a civil administrative penalty of $5,000 each, due to the failure to comply with terms of a Consent Order.  A previous agreement had established compliance deadlines to complete response actions and stipulated and/or suspended penalties in the event of noncompliance.   ACO-BO-00-E018-STP and ACO-BO-00-022-DEMAND.