This column focuses on noteworthy enforcement actions taken by MassDEP's Bureau of Waste Site Cleanup from April through June 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

Release Prevention

• MassDEP entered into an agreement for a $100,000 penalty with an out-of-state company that ships thousands of barrels of oil through Massachusetts waters.  The shipping vessels were not accompanied by a tug escort, as required by a law aimed at protecting natural resources. The company was found to have violated the Massachusetts Oil Spill Act nine times between February 8, 2006 and March 9, 2006, each time barging at least 6,000 barrels of oil through a Massachusetts bay without a tug escort. ACOP-SE-06-3E008

Failure to Notify

• MassDEP entered into an agreement for a $6,000 penalty with a heating oil storage and distribution facility for failing to notify of a release of oil within the deadlines established under the MCP.  In August 2004, the company excavated and stockpiled approximately 160 cubic yards of oil-contaminated soil but did not provide notification of the release until December 2004.  The soils were generated during the construction of a containment dike around the company's seven large above-ground fuel oil storage tanks.   ACOP-CE-06-3R008
  
• MassDEP entered into an agreement for a $5,175 penalty with a waste disposal facility for failure to report a release of twenty gallons of diesel fuel at the facility and for mismanaging remedial waste. MassDEP received a Response Action Outcome (RAO) in December 2005 stating that the waste generated from the cleanup of the release was placed in two-5-gallon pails, covered, and transported to a waste-to-energy facility for disposal without a bill of lading. ACOP-SE-06-3E005

Enforcement from Audits

• MassDEP entered into an agreement for a $25,885 penalty with a realty trust for MCP violations. The trust violated the terms of an Activity and Use Limitation (AUL) that had been recorded for the property.  In addition to assessing a penalty, the agreement establishes a schedule for the completion of necessary response actions.  MassDEP agreed to suspend $15,000 of the penalty provided all terms of the agreement are met.  ACOP-NE-06-3A014
  
• MassDEP entered into an agreement with a Limited Liability Corporation for a $5,346.56 penalty for MCP violations. The corporation failed to comply with an AUL recorded for the property.  Indoor air sampling was not conducted following construction of a new building at the property, as required in the AUL.  In addition to the penalty, the corporation is also required to correct violations.  ACOP-SE-06-3A003
  
• MassDEP entered into an agreement for a $6,400 penalty with an oil company for failure to operate a high-vacuum extraction system in order to maintain Remedy Operation Status (ROS). The company removed the treatment system in May 2005, but failed to terminate ROS.  In addition to the penalty, the company is required to complete response actions by June 2007.  ACOP-CE-06-3A017

Deadline Enforcement

• MassDEP issued a unilateral $56,750 penalty and an order to a property owner for MCP violations.  MassDEP has determined that an Immediate Response Action (IRA) is necessary at the site due to the discovery of volatile organic compounds in soil and groundwater at the property.  The owner has failed to submit required reports by the compliance deadline of previously issued Notices of Noncompliance (NONs) and failed to attend an Enforcement Conference.  UAO/PAN-NE-06-3C001
  
• MassDEP entered into an agreement for a $33,000 penalty with the former owner of a property for MCP violations.  The former owner, a car dealership, was cited for failure to submit required reports within the deadlines established in a NON.  In addition to the penalty, new compliance deadlines have been set in the agreement. MassDEP agreed to suspend $16,500 of the Penalty pending compliance with the agreement.  ACOP-NE-06-3A043
  
• MassDEP issued a $38,700 unilateral penalty and order to the owner of a property for failure to comply with a NON previously issued relative to a release to the environment.   The NON had been issued for failing to conduct response actions at the site in a timely manner. UAO/PAN-SE-06-3T-001
  
• MassDEP entered into an agreement for a $17,900 penalty with an oil distributor company for MCP violations at its former bulk fuel oil storage depot. The site is currently used as an automobile sales facility, and there has been some discussion that the property may be sold and re-developed in the future to accommodate residential housing.  MassDEP determined that an IRA is necessary to eliminate and/or prevent the release of oil from the site from entering and/or migrating into a nearby river. MassDEP also determined that the cleanup was not progressing at an acceptable pace. In addition to the penalty, the company has agreed to conduct response actions by a compliance deadline.  ACOP-SE-06-3A002
  
• MassDEP entered into an agreement for a $7,500 penalty with a property owner for failure to adequately address releases of #2 fuel oil in the basement of an occupied building.  An oil release was identified in 2002 after building occupants complained to the local fire department. Plans for soil removal and closure of the site were submitted, but were not implemented by the property owner. In addition to the penalty, the owner has agreed to complete the cleanup by a compliance deadline.  ACOP-WE-06-3002
  
• MassDEP entered into an agreement for a $10,000 penalty with the former owner of a gasoline service station for failing to meet response action deadlines established under the MCP and for failure to comply with a previously issued NON.  In addition to the penalty, the owner has agreed to conduct response actions by a compliance deadline.  ACOP-CE-06-3T012
  
• MassDEP entered into an agreement for a $7,500 penalty with a concrete manufacturing company for failing to meet regulatory requirements for managing and disposing of contaminated soil resulting from a release of hydraulic oil.  The excavated soil was not covered to adequately prevent exposure and remained on site significantly beyond the 120 days allowable under MassDEP regulations.  In addition, the company failed to submit required reports that document response actions within regulatory deadlines.  ACOP-CE-06-3E005

LSP/Consultant Enforcement

• MassDEP entered into an agreement for a $4,000 penalty with a Licensed Site Professional (LSP) for making, false, inaccurate, incomplete, or misleading statements in submittals filed with MassDEP, and for rendering an LSP Opinion that did not comply with the requirements of the MCP.  In addition to the penalty, the ACOP specifies requirements that the LSP must follow in order to avoid future enforcement actions.  ACOP-NE-06-3A012
  
• A NON was issued to an LSP Firm for overseeing the transport of contaminated soils to a temporary storage facility not approved to accept such waste.  The soils were originated by performing an IRA at a 21E site.  In addition, the company was cited for improperly completing the Bill of Lading used to document the disposal of the contaminated soils.  NON-SE-06-3E018

Demand for Stipulated/Suspended Penalties

• MassDEP issued a $35,000 demand for payment in Stipulated Penalties to a fuel oil distributor for MCP violations. During the review of the company’s application to renew its cleanup permit, it was determined that the extent of contamination was never defined, in violation of the MCP, and in violation of a previous agreement with MassDEP that specifically called for the Stipulated Penalties. ACO-SE-02-3S010-AMEND#3-STP
  
• MassDEP issued a $7,500 demand for payment in Suspended Penalties to a property owner for failure to adequately address releases of oil on the property.  The owner had previously entered into an agreement with MassDEP for a $10,500 penalty for failure to complete cleanup actions concerning the release of oil and gasoline at the site.  The majority of that penalty was suspended provided that the owner met the provisions of the agreement.  The owner has not complied with the agreement, has not completed response actions, and has not made the required submittals.   ACOP-WE-03-3002-SUP2