Millbury Realty Firm Assessed $10,000 Penalty for
Violating Waste Site Cleanup Requirements

The Massachusetts Department of Environmental Protection (MassDEP) assessed a $10,000 penalty to El-Massih Realty, LLC for violating hazardous waste site cleanup regulations at its 56 Canal Street property in Millbury.

The site is a former auto repair garage and heating oil distribution facility. El-Massih acquired the property in 2004, and operates a seasonal ice cream stand at the location.

El-Massih obtained knowledge of a release of oil to the groundwater from two abandoned, underground fuel oil storage tanks in January 2005, which requires notification to MassDEP within 120 days. In May 2007, El-Massih removed the leaking tanks and approximately 160 cubic yards of oil-contaminated soil. El-Massih also conducted these cleanup actions without first notifying MassDEP of the release, and then without submitting the required work plans for MassDEP approval.  El-Massih also failed to submit timely status reports and shipping documents used for transporting the contaminated soil from the site.

Under the terms of a consent order with MassDEP, El-Massih will pay $1,500 of the penalty, while an additional $8,500 will be suspended as long as El-Massih submits future documents in accordance with the cleanup schedule approved by MassDEP.

"Failing to notify MassDEP of releases within the allowable time periods often results in the delay of the cleanup of hazardous waste sites," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "El-Massih Realty has returned to compliance and has committed to completing the cleanup within reasonable, agreed-upon deadlines."

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