MassDEP Penalizes Boston Landowner $30,000 for Repeated Waste Site Cleanup Violations at 18 North Washington Street in Boston

The continued failure to submit cleanup reports related to a release of gasoline and waste oil at 181 North Washington Street in Boston has resulted in a $30,000 penalty for Joseph Ruggiero, of Barrington, Rhode Island, in an agreement with the Massachusetts Department of Environmental Protection (MassDEP).

“The failure to complete response actions in a timely manner at a site where there has been a release of oil or hazardous material represents an un-met obligation to the Commonwealth that MassDEP will pursue,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington.  “In the end, the best use of any property owner’s resources in the event of a release is simply to do the right thing, and do it promptly.”

Ruggiero’s property is located in the North End section of Boston. The original release was discovered and reported on January 26, 1993.  Thereafter, Ruggiero failed to meet cleanup deadlines, and agreed in a signed Consent Order with MassDEP to comply with cleanup requirement and to a $5,000 penalty. MassDEP, at that time, conditionally suspended an additional $17,500 penalty pending compliance.

On July 24, 2006, after failing to meet those deadlines, Ruggiero agreed to pay the $17,500 that had been suspended and new deadlines were established.

On August 30, 2007, Ruggiero failed to meet the deadline for submitting a phase three report as required. Under today’s agreement, Ruggiero has agreed to submit a (revised) phase two report by September 1, 2008 and phase three report by October 1, 2008,  followed by a phase four no later than January 1, 2009 and a final outcome statement for the site no later than June 1, 2009.  

Under this new agreement Ruggiero will pay a $19,331.24 penalty and an additional $10,668.76 penalty will be suspended, pending compliance with the above deadlines. 

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