Superior Court Ruling Triples Penalty to $9,900 after Somerset Man
Held Responsible for Illegal Filling of Wetlands in Swansea  

A Suffolk Superior Court ruling against Thomas Garrity of Somerset has tripled the penalty for wetlands violations discovered at his property on Highland Road in Swansea. The court decision upholds enforcement actions against Garrity by the Massachusetts Department of Environmental Protection (MassDEP), which have been in litigation for nine years.  

The $3,300 penalty that MassDEP assessed in 2002 was tripled to $9,900 by Superior Court Judge Nancy Holtz because of what she called a consistent failure by Garrity to comply with MassDEP's enforcement orders. 

If Garrity removes the fill material and restores the wetlands within 45 days, the penalty will be reduced to $5,000. If that deadline is not met, Garrity must pay the entire penalty.

MassDEP Commissioner Laurie Burt said, in the wake of the court ruling, that "this decision makes clear that recalcitrance by environmental violators won't be tolerated. MassDEP will strictly enforce the wetlands laws, and violators should take notice that they risk triple damages for refusing to comply with the laws of the Commonwealth."

Garrity's case began in 1999 when he initially sought permission before the Swansea conservation commission to construct a park/recreational area on a parcel directly across from his residence at 63 Highland Road in Swansea conservation commission subsequently found wetlands violations occurred during work on this park. Garrity mowed the wetlands, placed fill material in the wetlands, and failed to install and maintain a proper erosion control barrier.

The conservation commission issued Garrity several enforcement orders, which he ignored. On October 1, 2000, MassDEP - in support of the local conservation commission - issued a separate order that required the wetlands to be restored; Garrity appealed that order. On February 22, 2002, MassDEP's final decision was upheld by an administrative law judge and restoration of the impacted wetlands was required. Garrity ignored that finding as well.

On December 12, 2002, MassDEP issued a $3,300 penalty against Garrity for failing to restore the wetland. This decision was also upheld on November 18, 2003 by the decision of a second administrative law judge, who also supported the MassDEP requirement to restore the wetlands.

On November 17, 2006, a Superior Court complaint was filed against Garrity for the purpose of enforcing the two final orders issued by MassDEP. Judge Holtz' decision upheld MassDEP's rulings and tripled the penalty against Garrity. 

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