MassDEP Assesses $16,600 Penalty to Emerald Realty Trust,
Requires Assessment and Cleanup of Spencer Parcel

The Massachusetts Department of Environmental Protection (MassDEP) assessed a $16,600 penalty to Emerald Realty Trust of Spencer for violations of environmental cleanup requirements at the trust's property located at 290 Main Street in Spencer.

During a 2007 audit of actions taken at the property, MassDEP determined that Emerald Realty's cleanup actions at the site were inadequate. The trust failed to correct the identified violations, which included a delineation of the extent of the contamination and establishing a program to reach a permanent solution on the site. Subsequent violations occurred during underground utility work at the property, which required prior notification to MassDEP.

"MassDEP needs to be informed of utility work at disposal sites to protect the health and safety of workers," said Mary Gardner, deputy director for MassDEP's Central Regional Office in Worcester. "Property owners have an obligation to be aware of requirements when having work done within areas of contamination."

Emerald Realty Trust agreed to pay $2,400 of the assessed penalty, with the remaining penalty amount suspended contingent upon correction of the violations.

The trust is on a schedule that requires the installation of monitoring wells within the suspected source area of contamination by June 30, 2009, the sampling of groundwater from those wells by August 30, and the reporting of the results of those samples to MassDEP by September 30.

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