Aquatic Herbicide Application Permit Violation for Prospect Lake 
Results in $1,100 Penalty to Southbridge Company

The Massachusetts Department of Environmental Protection (MassDEP) assessed a penalty of $1,100 to Lycott Environmental Inc. of Southbridge for undertaking lake treatment with aquatic herbicides at Prospect Lake in Egremont without notifying residents.

On June 6, 2008, MassDEP received a complaint from a Prospect Lake resident that herbicide treatment of the lake had taken place without providing written public notice to residents.  Notification of residents was required in the final order of conditions issued by the Town of Egremont Conservation Commission to the Friends of Prospect Lake Association (FOPLA). Lycott had been retained by FOPLA to treat the lake through application of aquatic herbicides in an effort to control aquatic vegetation.

"Aquatic herbicide application is an acceptable method of weed control in lakes," said Michael Gorski, Director of MassDEP's Western Regional Office in Springfield. "It is critical, however, that the application be undertaken in compliance with all regulations and requirements of the orders of condition, and that includes notice to residents." 

MassDEP's investigation confirmed that the application of herbicides had occurred without FOPLA or Lycott providing the required written notice. MassDEP issued an Administrative Consent Order to FOPLA and to Lycott for this violation.

The order requires that Lycott establish a written public notification protocol to be followed for all future work conducted under an order of conditions. This protocol is intended to provide a fail-safe mechanism to ensure that residents receive prior notice before any application of herbicides to a lake. In addition, Lycott agreed to pay the penalty as part of the settlement agreement. 

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