This column focuses on noteworthy enforcement actions taken by MassDEP's Bureau of Waste Site Cleanup from July 2007 through September 2007.  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 Enforcement Actions web page.

Failure to Notify

MassDEP entered into an agreement for an $8,000 penalty involving a parts supplier for waste site cleanup violations that took place at a gasoline service station when a driver for the company failed to attend to the hose while filling the saddle tanks of a tractor-trailer. Diesel fuel was released to paved surfaces and dirt in the vicinity of the fueling area. The company failed to notify MassDEP within two hours of a spill of 70 gallons of diesel fuel. The driver notified the gasoline service station attendant, but left the scene.  Gas station personnel notified the local fire department and MassDEP and contracted with an emergency response cleanup contractor to address the spill. The local police department, after viewing security camera footage of the incident, identified the operator of the tractor-trailer.  In addition to paying the penalty, the company agreed to train employees on responding to emergencies and agreed to audit its facility for compliance.  ACOP-WE-07-3005

MassDEP entered into an agreement for a $3,500 penalty with the owner of a large mill complex property for failure to notify within 2 hours of a release of 50 gallons of  #6 fuel oil at the property.  The release occurred at 3:45 am when the boiler room operator failed to follow proper procedures during the filling of one of two underground storage tanks. The boiler room operator was aware of the spill immediately after it occurred, but took no action to clean up the spill or notify management regarding the spill. At about 8:30 am on the same day, the boiler room operator notified management who quickly contacted MassDEP.  Fuel oil impacted a grassy area and a storm drain that discharged to the sewer system in the vicinity of the underground storage tanks.  MassDEP responded to the site to evaluate the spill, and to oversee cleanup actions performed by a private contractor retained by the owner.  In addition to paying the penalty and completing all necessary response actions, the company agreed to prepare an oil spill response plan that details proper procedures and to post signage in its underground storage tank filling area. ACOP-WE-07-3007

MassDEP entered into an agreement for a $15,000 penalty with a gasoline supplier for waste site cleanup violations due to a fuel release that occurred at one of the service station and convenience store.  Local fire department officials notified MassDEP, but company personnel failed to notify of the release that impacted a paved area near the fuel dispensing equipment, two storm drains, and a city street. The company also failed to commence cleanup activities in a timely manner.  MassDEP agreed to waive a portion of the penalty as long as there are no future violations.  In addition to the penalty, the agreement requires that the company review and revise its employee training materials.  ACOP-CE-07-3E019

MassDEP entered into an agreement for a $7,000 penalty with a transportation company for failure to notify within 2-hours of obtaining knowledge of a release of diesel fuel that occurred when a tractor-trailer overturned rupturing its saddle tanks.  The diesel fuel flowed from the ruptured tanks on the tractor-trailer, impacting the paved surface and soil beneath.   In addition to paying the penalty, the company performed required response actions and agreed to develop a spill management plan for company-wide use.  ACOP-CE-07-3E025

MassDEP entered into an agreement for a $25,000 with a waste removal and recycling company for waste site cleanup violations.  The company failed to notify MassDEP within two hours of obtaining knowledge of a release of several hundred gallons of hydraulic oil from equipment at the facility, for undertaking Immediate Response Actions (IRAs) without MassDEP approval, for performing IRAs without engaging a Licensed Site Professional (LSP), for transporting contaminated debris off site without using a hazardous waste manifest or bill of lading, and for conducting response actions in a manner that did not comply with requirements. The release impacted soils and an adjacent wetland area.   In addition to paying the penalty, the company agreed to specific deadlines for undertaking appropriate response actions in order to return to compliance.   MassDEP agreed to suspend a portion of the penalty pending compliance with the agreement.  ACOP-NE-07-3R004

Enforcement from Audits

MassDEP entered into an agreement for a $4,500 penalty with a realty firm for failure to maintain pavement as required by an Activity and Use Limitation (AUL) imposed by a previous owner at a property the firm owns.  In addition to paying the penalty, the firm has agreed to return to compliance with the AUL.  ACOP-NE-07-3R003

MassDEP entered into an agreement for a $28,750 penalty with a realty trust for waste site cleanup violations at the location of a former used auto parts property it owns where a release of oil and hazardous materials had occurred. The agreement resolves deficiencies found in the Phase II - Comprehensive Site Assessment and the Phase II Report, and for failing to complete required Comprehensive Response Actions and for failure to submit a Phase III and a Phase IV report.  In addition to paying the penalty, the trust has agreed to perform required response actions under an enforceable schedule.  MassDEP has agreed to suspend a portion of the penalty pending full compliance with future deadlines.  ACOP-NE-07-3C001

Deadline Enforcement

MassDEP entered into an agreement for a $14,000 penalty with the owner of a commercial property where a release of petroleum from former underground storage tanks took place. MassDEP previously issued a Notice of Noncompliance (NON) establishing compliance deadlines to complete response actions at the site, but the owner did not comply with the NON. In addition to paying the penalty, the owner has agreed to enforceable deadlines to complete response actions.  ACOP-SE-07-3T-006

MassDEP entered into an agreement for a $30,000 penalty with a realty trust for failure to complete response actions and for failure to submit a Response Action Outcome (RAO) statement in a timely manner. Previously, MassDEP had issued a NON, but the owner did not comply with the compliance deadlines established in the NON. Instead, an extension request was submitted more than four years after the compliance deadline.  In addition to assessing the penalty, the agreement establishes new compliance deadlines to complete response actions. MassDEP has agreed to suspend a portion of the penalty pending full compliance with the agreement.  ACOP-NE-07-3A016

The Attorney General's Office obtained a judgment for a $600,000 penalty against the owner-operator of four gasoline stations located in Massachusetts for waste site cleanup and Stage II Vapor Recovery violations. The owner-operator failed to file required submittals to document performance of response actions, failed to perform annual Stage II compliance testing and weekly inspections, and failed to replace damaged equipment on the vapor recovery equipment on gas pumps that are necessary to protect the atmosphere and the public from harmful gas vapors. A Superior Court Justice required the owner to perform response actions and to comply with Stage II Vapor Recovery requirements pursuant to a court-ordered schedule approved by MassDEP.   A portion of the penalty will be suspended pending compliance with the Judgment.  See Press Release.

Demand for Suspended and Stipulate Penalties

MassDEP issued a Demand for Payment of suspended and stipulated penalties to the owner of a property for failure to comply with a previous enforceable agreement.  A previously suspended penalty of $15,000 and  $61,000 in stipulated penalties are now due because the owner failed to comply with deadlines for implementation and submittal of an IRA Completion Statement, and a Phase I Report and Tier Classification Submittal.  ACOP-NE-06-3A042-DEMAND