12/29/04: DEP issued a Unilateral Administrative Order and a $35,355 Penalty Assessment Notice to Assinippi, Inc. This is the second enforcement action for the same violations involving the company, which is the owner of Merchant Row Shopping Mall in Hanover. Today's actions were taken as a result of continued violations involving the Mall's Groundwater Discharge Permit, Operation and Maintenance and modifications to a wastewater treatment facility without approval. Sewage flows from the Mall are directed to a wastewater treatment facility that is permitted to treat an average of 20,000 gallons per day. Due to numerous existing site conditions, the wastewater treatment facility has been experiencing strong odors. The owner of the Mall added several types of odor control devices that in addition to being ineffective lacked the proper approval.

12/29/04: DEP entered into a Consent Order with the Texas Instruments Inc. (TI) and Engineered Materials Solutions Inc. (EMSI) to establish a compliance schedule in order to allow TI's wastewater treatment facility in Attleboro to accept hazardous industrial wastewater from EMSI. Both facilities are located at 34 Forest Street in an industrial complex in Attleboro.

12/29/04: DEP entered into a Consent Order with a $10,000 Penalty involving the Town of Framingham & Revoli Construction (of North Reading) for Wetlands violations. Revoli, which was hired by Framingham to install a water transmission line, was found in June, 2004 to have violated the Wetlands Protection Act by not controlling erosion, not having siltation controls in place and causing the unpermitted alteration of land under a stream. In addition to the Penalty, Revoli agrees to restore the impacted area.

12/28/04: DEP issued a Unilateral Administrative to Gengel C&S Builders for wetlands violations at a subdivision project in Rutland. DEP determined Gengel had failed to prevent erosion and sedimentation resulting in silt deposition into an intermittent stream. DEP's Order requires Gengel to stabilize the site immediately and to provide the Department with a comprehensive erosion control plan and an evaluation of impacts to the stream within 30 days. Penalty assessments are anticipated.

12/23/04: DEP entered into a Consent Order with a $100,000 penalty involving Colonial Shopping Center Inc. for Waste Site Clean Up violations. The company failed to fully remediate chlorinated solvent contamination in groundwater at the Shopping Center, which is located at 85 River Street in Waltham. Deadlines have been established in this Order for completion of response actions. DEP agreed to suspend $25,000 of the Penalty provided all terms of the Order are met. The owner, Colonial, had failed to conduct response actions even after DEP issued a Notice Of Noncompliance in January 2003. The owner had also failed to perform the required Immediate Response Actions to address an Imminent Hazard impacting both commercial and residential properties. The Imminent Hazard has since been abated as a result of DEP enforcement, and deadlines have been established for completion of response actions.

12/22/04: DEP entered into a Consent Order with a $32,430 Penalty involving 2-10 Court Street LLC of Plymouth for allowing an unlicensed asbestos contractor to remove asbestos containing materials, or ACM. The company removed ACM from a commercial building prior to performing interior demolition activities, and rendered the ACM friable. DEP was not notified of the abatement activities, proper work practices were not used and materials were not disposed at an approved sanitary landfill site for special waste.

12/21/04: DEP entered into a Consent Order with a $10,000 Penalty involving TJJ Development Corp. for Wetlands violations at the company's Northbridge facility. TJJ failed to comply with several conditions of their Order at their Solid Waste Transfer Station requiring the company to move waste further away from wetlands, to construct the replication area required in the original Order, and to construct storm water improvements on the site.

12/21/04: DEP entered into a Consent Order with a $11,395 Penalty involving Revere Copper Products, Inc. of New Bedford for violations of the Hazardous Waste and Air Quality Regulations. A multi-media inspection revealed the company had not complied with: the 90-day timeline to ship hazardous waste off-site, emergency preparation and procedures, annual training requirements, labeling requirements and had switched fuel oil without DEP approval. In addition to bringing the facility into compliance, the company will engage an outside consulting firm to audit the facility's current internal Environmental Management Systems (EMS). The EMS will recommend improvements and provide a Multi-Media audit checklist that should facilitate future compliance. DEP agreed to suspend $7,520 upon implementation of the EMS.

12/21/04: DEP entered into a Consent Order with a $14,250 Penalty involving, Wheaton College of Norton. DEP agreed to suspend the penalty, and the College agreed to timelines that will develop, permit, and construct enhancements to its wastewater treatment facility. The improved facility will be designed to attain compliance with Wheaton's recently revised National Pollution Discharge Elimination System (NPDES) Permit issued jointly by the EPA and DEP. This action culminates a cooperative EPA/DEP compliance & enforcement action where EPA focused on past violations, and DEP focused on future compliance.

12/20/04: DEP issued a Unilateral Administrative Order and Notice of Intent to assess a $46,702.50 Penalty to Templeton Auto Parts of Templeton. Frederick Hutchinson, the proprietor, was cited for illegal storage of approximately 30,000 used tires. The order requires Mr. Hutchinson to remove the tires.

12/19/04: DEP entered into a Consent Order with a $17,250 Penalty involving Boston Ship Repair (BSR) of South Boston. The company had installed and operated equipment that emits in excess of 5 tons per year of Volatile Organic Compounds for approximately 10 years without approval in violation of air quality regulations. BSR has filed the necessary plans, and DEP will issue its approval concurrently with the signing of this Order.

12/17/04: DEP executed a Consent Order with a $10,200 Penalty involving Sem-Tec, Inc. of Worcester for Hazardous Waste violations. An inspection by DEP, noted that Sem-Tec failed to follow numerous waste-oil container requirements, including the storage of waste oil for an extended period of time. DEP agreed to suspend $9,700 of the Penalty based on financial hardship.

12/17/04: DEP entered into a Consent Order with a $4,020 Penalty involving Benjamin Moore & Co. of Milford for Hazardous Waste violations. DEP observed the company generated and accumulated hazardous waste in excess of Very Small Quantity Generator Regulations. The total Penalty reflects, in part, past compliance fees.

12/17/04: DEP entered into a Consent Order with a $3,905 Penalty regarding Modern Dispersions, Inc. of Leominster for Air Quality and Hazardous Waste Violations. DEP personnel observed the company failed to maintain air pollution control equipment, generated hazardous waste in excess of Small Quantity Generator Regulations, and failed to comply with other hazardous waste container management requirements. The total Penalty reflects, in part, past compliance fees.

12/17/04: DEP entered into a Consent Order with a $2,000 Penalty regarding MASSPOWER of Springfield for Air Quality violations. The company failed to address excess emissions (Nitrogen Oxide or NOx) that resulted from lost steam injection to a combustion turbine. A contractor who was operating the facility's overhead crane caused the incident when the crane power cable caught on, and broke, the piping.

12/17/04: DEP executed a Consent Order with a $7,870 Penalty regarding Archer Rubber Company of Milford for Air Quality and Hazardous Waste Violations. DEP personnel observed the company generated hazardous waste in excess of Small Quantity Generator Regulations. The company also failed to accurately complete an Emission Statement, failed to operate in accordance with its Air permit and allowed excessive particulate emissions. The total Penalty reflects, in part, past compliance fees.

12/17/04: DEP entered into a Consent Order with a $6,000 Penalty regarding SolmeteX of Northborough for conducting hazardous waste treatability without first obtaining DEP approval or registering as a small quantity generator. The company develops and manufactures systems that recover mercury and other heavy metals from wastewater. SolmeteX has since sought and obtained DEP approval to perform waste treatability studies.

12/16/04: DEP entered into a Consent Order with a $2,500 Penalty regarding OilMan, Inc. for Waste Site Clean Up violation at 91 Walnut Street in Wrentham. The company, which is based in Foxboro, failed to notify DEP of a release of oil caused by the overfilling of the above ground storage tank.

12/16/04: DEP entered into a Consent Order with an $11,000 Penalty regarding the Town of Barre for violating its Water Management Act, registration statement. The Town was exceeding its water withdrawal rate without first applying for a permit. Under the Consent Order, the town agreed to implement a number of water conservation measures designed to decrease average- and peak-day demand. The Town will prepare a service meter replacement program, conduct a leak detection survey, and evaluate the rate structure. The Town must meet the performance standards of 10% unaccounted for water and 65 residential gallons per capita day. If after fully complying with the terms of the Order, the Town still exceeds the authorized withdrawal, the Town will obtain revised water use projections and submit a WMA permit application. DEP agreed to suspend $8,000 of the Penalty provided the town meets the compliance deadlines.

12/16/04: DEP issued a Demand for $4,000 in Stipulated Penalties to Clean Harbors Environmental Services of Braintree. The company, a licensed hazardous waste transporter, was issued the Demand for violations of a consent order the company signed with DEP last June. The violations include late and inaccurate monthly operating report submissions.

12/16/04: DEP issued a Unilateral Administrative Order (UAO) with a $39,000 Penalty Assessment Notice to Robert Perry for operating cranberry bogs without permits, and failing to respond to a previous UAO issued by the Department on 11/17/04. The bogs are located off of Beach Street in South Middleboro.

12/15/04: DEP entered into a Consent Order with Wellfleet Municipal Landfill, an inactive sanitary landfill located on Coles Neck Road in Wellfleet. The landfill ceased accepting waste in 1992, at which time it was covered and graded with clean soil. Today's Order ensures the landfill will be formally and adequately capped and closed by 8/1/05 and a closure certification report submitted for DEP approval by 10/1/05

12/15/04: DEP entered into a Consent Order with a $4,600 Penalty involving Electro-Optical Division of Kollmorgen Corporation of Northampton for Air Quality violations. The company was operating a spray booth without approval from the DEP. DEP discovered the violations during an inspection on March 26, 2004. The Company has since submitted the appropriate application to obtain an approval.

12/15/04: DEP entered into a Consent Order with a $10,000 Penalty regarding Williamsburg Home Improvement to address the illegal removal of asbestos siding from a residential property in Northampton. DEP agreed to suspend $6,000 of the Penalty provided the company (Norman Zaleski, the principal agent) remains in compliance with asbestos regulations when performing construction/renovation work for 24 months.

12/15/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Northeast Generation Services Co. of Holyoke. DEP entered into the Order with Mount Tom Station, to address a visible emission violation that occurred on 7/24/04. The violation was the result of a malfunction of the particulate emission control system associated with the utility boiler. In addition to paying a $5,750 penalty, the Company has agreed to immediately implement specific measures that will assist facility personnel to more easily identify the cause of emissions problems and to correct any problems as expeditiously as practicable.

12/15/04: DEP executed a Consent Order with a $1,000 Penalty regarding the Town of Millville for solid waste violations. The Town failed to control leachate runoff and failed to prevent the unauthorized disposal of waste materials at the inactive Millville Landfill. Additionally, the Town failed to implement an effective storm water pollution prevention plan related to the their salt storage facility at the same location. In addition to the Penalty, the Town will also host a Household Hazardous Waste Collection for residents. Millville has also agreed to properly cap and close the landfill and develop a storm water runoff plan for the salt storage facility.

12/14/04: DEP entered into a Consent Order with a $5,000 Penalty involving New England Surface Maintenance, LLP for asbestos violations in Stoughton. The company, which is based in Weymouth, is a licensed asbestos removal contractor that was hired by the Town of Stoughton to remove asbestos from two classrooms at Stoughton High School. DEP, as part of its asbestos initiative, targeted for inspection asbestos removal projects being conducted at schools in order to determine whether those projects were being accomplished in a manner that protected public health and the classroom environment. Inspection of the classrooms by DEP indicated there were remnants of fibrous asbestos material on pipes connected to two heating units in the classrooms. Today's Order requires the company to come into compliance with the requirements for proper removal of asbestos at the school. Additionally, in lieu of paying a penalty in the amount of $5,000, NESM conducted a Supplemental Environmental Project (SEP) for the Town of Stoughton. The SEP consisted of the proper removal of additional asbestos containing materials from Stoughton High School.

12/13/04: DEP entered into a Consent Order with Yankee Atomic Electric Company in Rowe. The Department entered into the Order following the self-reporting of potential non-compliance with a Special Condition of the Final Order of Conditions for the site. The non-compliance disclosed involved the excavation of a shallow layer of soil during the installation of a crane pad beyond that permitted in the Final Order of Conditions for the decommissioning of this nuclear power plant. Electronic reporting for this project is required as part of the project and allowed the Department to respond promptly and ensure that the violation remained minor.

12/13/04: DEP entered into a Consent Order with a $3,500 Penalty involving The International Golf Course in Bolton for violation of the Water Management Act in 2001. In 2001 the facility's water use for irrigation purposes exceeded authorized withdrawal amounts under the permit issued by DEP. Since that time, through aggressive conservation measures adopted by the company, water use has been significantly reduced and is within the permitted levels.

12/13/04: DEP entered into a Consent Order with a $56,250 Penalty involving Ronald J. Gemma of Westford for Air Quality (asbestos) violations located at 18 Carlisle Road in Westford, Massachusetts. DEP inspectors identified the violations during an inspection of 18 Carlisle Road in Westford in March 2004. The violations included an asbestos-sided shed on the property had been demolished without notification, and without following the required handling, packaging and disposal procedures. Dry, uncontained, pieces of asbestos siding were observed on the ground and mixed with other demolition debris in an open top roll-off located at the site. Upon discovery of the violations, Gemma was required to hire a Massachusetts Division of Occupational Safety licensed asbestos contractor to properly handle, package and dispose of all the asbestos containing waste materials, and to decontaminate all impacted areas of the property. Based on application of the DEP's policy on compliance incentives for homeowners, $51,250 of the Penalty is suspended.

12/13/04: DEP agreed to a Consent Order with a $5,000 Penalty regarding Norampac of Leominster for Hazardous Waste violations. Norampac, a cardboard box manufacturer, also violated Toxics Use Reduction Regulations and will be responsible for associated fees in excess of $40,000. While conducting a compliance inspection in July of 2004, DEP personnel observed the Company had failed to completely report toxic chemical use for 2001, 2002 and 2003 and was storing Hazardous Waste Oil longer than allowed by its registration.

12/13/04: DEP entered into a Consent Order with a $2,500 Penalty regarding Bovenzi, Inc. for Wetlands violations at Bridle Cross Estates in Fitchburg. Bovenzi also agreed to perform a Supplemental Environmental Project (SEP) valued at $7,500. Under the SEP the Massachusetts Watershed Coalition will implement a public education project designed to help protect the surrounding watersheds that contain reservoirs for water supplies in Leominster. DEP inspected the site on 8/18/04 in response to a complaint, and observed that grading activities within a Bordering Vegetated Wetland and along the bank of an intermittent stream had occurred in noncompliance with an Order of Conditions issued for the site. These activities resulted in alteration of approximately 65 linear feet of stream bank and 800 square feet of Bordering Vegetated Wetland.

12/13/04: DEP entered into a Consent Order with a $10,000 Penalty involving Bovenzi, Inc. of Fitchburg for wetlands violations. During construction of a temporary road crossing on their subdivision in Fitchburg, damage was caused to an Outstanding Resource Water and intermittent stream that drains to Notown Reservoir. Bovenzi agreed to provide $7,500 of the Penalty to the Massachusetts Watershed Coalition as a Supplemental Environmental Project (SEP). The SEP will provide educational material to local residents and officials on water protection/water quality in the Notown Reservoir watershed. Bovenzi also agreed to restore the damaged wetland completely during the spring of 2005.

12/12/04: DEP entered into a Consent Order with a $10,000 Penalty involving T.J.J. Development Corp. for wetlands violations at the company's Transfer Station in Northbridge. The company failed to comply with several of the conditions in an Order of Conditions for work within a resource area. In addition to the Penalty, the company has agreed to replicate wetlands, remove Solid Waste from wetlands buffer zones, and to construct storm-water improvements.

12/10/04: DEP entered into a Consent Order with a $1,250 Penalty involving John Sneade for wetlands violations in Holland. Sneade, a small builder, violated a superseding order of conditions including failure to record the permit at the registry of deeds, failure to provide prior notice of commencement of work, and commencement of the work without proper erosion and sedimentation controls. DEP agreed to suspend the Penalty provided all terms of the Order are met through completion of the projects.

12/10/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Pittsfield Generating Company of Pittsfield for Air Quality violations. The cogeneration facility reported on 5/7/04 an exceedence of its allowable NOx emission rate. The Company took immediate steps to remedy the problem. Pittsfield Generating has also agreed to take measures that will help prevent a similar incident from occurring in the future.

12/10/04: DEP entered into a Consent Order with a $5,750 Penalty involving Tamarack Ski Corporation of Pittsfield for failure to obtain a plan approval prior to the installation and operation of a diesel generator. Tamarack, which runs a recreational ski area, has agreed to obtain the requisite plan approval. DEP agreed to suspend $4,750 of the Penalty provided the corporation complies with all terms of the Order.

12/10/04: DEP issued a Unilateral Administrative Order to Joseph & Lois Hubacz of North Brookfield for Wetlands violations. The Order addresses the filling of wetlands along the bank of a stream on their property at 42 Mad Brook in North Brookfield. The Order requires the owners immediately cease from further activity in this area.

12/10/04: DEP entered into a Consent Order with a $5,750 Penalty involving West Side Finishing Co. Inc. of Holyoke for Air Quality and Hazardous Waste violations. During an inspection of this metal-finishing facility by DEP on 3/13/04, it was noted the company had failed to operate a paint spray booth in accordance with its plan approval. West Side Finishing has agreed to correct the violations; DEP has agreed to suspend $2,875 of the Penalty provided all terms of the Order are met.

12/9/04: DEP entered into a Consent Order with a $50,000 Penalty involving Thomas Gayoski, Jr. that will restore a Bordering Vegetated Wetland (BVW) in Rochester. The full restoration of BVW will require removing areas of fill and cranberry bog in production. DEP agreed to suspend $25,000 of the Penalty if the required work is completed. Initially, the Rochester Conservation Commission issued an Order of Conditions (OOC) to Mr. Gayoski on 4/18/1978 that allowed the construction of a 60 by 64 ft. pond in wetland. A second OOC dated 1/25/1982 allowed conversion of 29 acres of pine and swamp maple to cranberry bogs. However, in 1988, the Rochester Conservation Commission issued Certificates of Compliance for these projects stating the work was now complete and closed out the permits. Recently, a computer program identified areas of Gayoski's property showing that a total of 4.9 acres of BVW were converted to cranberry bogs between 1996 and 2001. Information also showed work continued after the orders were issued and without valid permits.

12/9/04: DEP issued a $16,962 Penalty Assessment Notice (PAN) to Robert Littler for Asbestos violations. DEP discovered the violations at a building owned by the F.L. & J.C. Codman Company in Rockland. Littler (an independent contractor) was hired by the Codman Company to repair and replace windows at the facility. DEP observed a number of open cardboard drums filled with broken transite asbestos shingles and also observed broken shingles scattered on the ground behind the building. Littler failed to properly notify and failed to use proper work practices intended to ensure safe removal, handling and disposal of asbestos containing materials.

12/9/04: DEP issued a Unilateral Administrative Order to Worcester Paradise Point Realty Trust in Worcester for Wetlands violations. The Trust failed to control erosion resulting in the discharge of silt and sedimentation to Poor Farm Brook in Worcester. This action is the product of joint inspections by the Strike Force and DEP staff during rainstorm events. The Order requires the applicant to immediately stabilize the site and to submit a report to DEP within 30 days that evaluates Wetlands impacts.

12/9/04: DEP entered into a Consent Order with a $4,315 Penalty involving Cable Mills LLC of Williamstown. Cable Mills, a real estate development corporation in Cambridge, failed to notify DEP of a release of fuel oil from an underground storage tank at the Williamstown site within 120 days of acquiring knowledge of the release. Cable Mills acquired the site on 10/22/03 from BICC General Cable Corp. with knowledge that a reporting condition existed but DEP wasn't notified until 6/4/04 about the release condition. DEP agreed to suspend $2,157 of the Penalty provided Cable Mills complies with all terms of the Order. 12/7/04: DEP entered into a Consent Order with an $11,022 Penalty regarding Health Alliance Hospitals, Inc. of Leominster for violations of state Hazardous Waste, Air Quality and Environmental Results Program regulations. An inspection of the facilities located at 60 Hospital Road revealed the hospital had installed equipment without obtaining an air permit and failed to certify existing boiler equipment. The hospital also failed to properly notify the DEP of their Hazardous Waste status or properly manage the accumulated waste. In addition to bringing the facility back into compliance, the Company must submit an air quality application to restrict facility-wide emissions below major thresholds. A portion of the Penalty ($6,922) will be devoted to a Supplemental Environmental Project (SEP) that will install six (6) power plug-ins for ambulances at the facility's ER entrance. This will allow ambulance drivers to maintain power to on-board equipment without idling their engines. Exhaust fumes have been connected to respiratory diseases such as asthma and lung cancer and linked to heart disease.

12/07/04: DEP entered into a Consent Order with a $5,000 Penalty involving Marceline Salvage Company of Harwich for Solid Waste violations. The company is a town-licensed auto salvage/junk yard consisting of approximately fourteen acres covered with junk vehicles, hundreds of flattened vehicles in twenty-foot raised piles along with miscellaneous piles of vehicle parts. DEP personnel conducted site inspections on 9/18/02 and 4/7/04 and identified the Solid Waste violations. Today's Order establishes an aggressive schedule to correct all violations and remove the solid waste (primarily vehicle parts coated with grease & oil) that had been maintained in piles for many years without being reclaimed or recycled in a timely manner. Stacks of flattened vehicles were also maintained on site for over four years without being shipped for salvage. In addition, mounds of tires and thousands of vehicle batteries were at the site. Part of the Penalty ($3,000) will go towards a Supplemental Environmental Project (SEP) that will develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP). The site occupies a location nearby Route 6 on the Cape and near cranberry bogs and Hinckley's Pond in Harwich.

12/04/04: DEP entered into a Consent Order with the Estate of David Bailey of Rockland for Solid Waste violations. The Estate agreed to remove buried solid waste that was used to back fill a gravel borrow pit in the early 1970's, and remove approximately 6,000 cubic yards of Auto Shred Residuals (ASR, "auto fluff) and backfill with clean gravel. The property is located in a commercial area that abuts residential properties.

12/2/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Westford School Department for Groundwater Discharge violations. The violations occurred at the Westford Academy complex, which serves the High School, an elementary school and a middle school. Under the terms of consent order the Town must hire an independent wastewater treatment specialist to evaluate the current operations at its facility, and to prepare a schedule of recommended actions steps to correct the permit violations. DEP agreed to suspend $4,750 of the Penalty provided all terms of the Order are met.

11/30/04: DEP entered into a Consent Order with a $19,000 Penalty involving the Mass/Development/Devens Commerce Center in Devens. Mass/Development was cited for violations of its groundwater discharge permit. Under the settlement Mass/Development agreed to make operational and structural improvements at its wastewater treatment facility, and to pay a penalty of $19,000, of which $10,000 is due within thirty days. The Department agreed to suspend the remaining $9,000 if Mass/Development complies with the Order and does not violate its permit for a period of one year.

11/30/04: DEP issued a Unilateral Administrative Order to Mill Valley Golf Links in Belchertown to cease construction activities that DEP determined was in the Zone I of the community's public water system well.

11/29/04: DEP entered into a Consent Order with a $5,000 Penalty involving Paul & Lynne Evans, owners of property at 103 Summer Street in Revere. The Evans altered 1,000 s.f. of riverfront area, 50 s.f. of salt march and coastal bank. By the end of '04, the Evans must submit for approval a restoration plan. The DEP agreed to suspend $3,500 of the Penalty if the restoration work is achieved by 11/1/05.

11/29/04: DEP entered into a Consent Order with a $5,750 Penalty involving the City of Worcester. The Order establishes that the city will address water quality issues regarding a stone-lined channel located on the eastern side of the Greenwood Street landfill that drains into the Blackstone River. Under the Order, the city and DEP identified the issues necessary for a corrective action design for the landfill, including capping of pipes and dredging of sediments that have accumulated in the channel. DEP agreed to suspend the Penalty, pending completion of the work.

11/24/04: DEP entered into a Consent Order with an $8,000 Penalty regarding F.L. & J.C. Codman Company of Rockland. The company was cited for failure to properly label containers used for storage of asbestos-containing materials and storing that material at an unapproved site. Codman Company's facility is located at 185 Plain Street in Rockland.

11/24/04: DEP executed a Consent Order with a $56,250 Penalty involving Ayer Moving and Storage Co. of Ayer for asbestos violations. During an inspection of 4/27/04, DEP personnel observed a demolition/renovation operation involving the removal of asbestos containing materials for which the Department had not been notified. In addition the company had failed to properly wet, seal, label and dispose of asbestos waste materials. Through application of the Department's Policy on Compliance Incentives for Small Business, $48,750 is suspended provided the company does not violate any provision of the Order within one year. The remaining $7,500 penalty will be paid in installments.

11/24/04: DEP executed a Consent Order with a $13,000 Penalty involving Connecticut Valley Sanitary Waste Disposal, Inc. of Chicopee. The company (a subsidiary of Waste Management, Inc. of Massachusetts) was cited for the following Solid Waste violations: during April '04, a release of turbid stormwater was observed from the landfill site into Fuller Brook; and, during September '04, the company failed to replace failed pumps within the main leachate pump station in accordance with the timeframes required by its applicable permits. The violations, while separate and distinct events, were both observed to occur immediately following significant rain events. In addition to the Penalty, Connecticut Valley Sanitary Waste Disposal Inc. has agreed to revise its Operation and Maintenance Plan.

11/24/04: DEP entered into a Consent Order with a $11,740 settlement involving Michael J's Service Center, Inc. of Holyoke to address air quality and hazardous waste violations. A March 1, 2004 DEP inspection of the Company's Lincoln Street facility revealed noncompliance with Stage II Vapor Recovery System and Hazardous Waste requirements. Following the inspection, DEP issued a Notice of Noncompliance for those violations. A follow-up inspection on 6/10/04 revealed similar and new violations at the facility. The settlement agreement requires the Company to correct the violations and pay a penalty of $4,000. An additional $7,470 was suspended pending compliance with the settlement agreement.

11/24/04: DEP entered into a Consent Order with Exxon/Mobil Corporation regarding the cleanup of gasoline contamination at a station in Tyngsboro. The Order establishes deadlines for assessment and remediation of the property on Westford Road in Tyngsboro. The original release occurred prior to Exxon/Mobil's involvement at the property, but there have been subsequent releases that Exxon/Mobil is addressing. The original release, however, was significantly out of compliance with deadlines. Exxon/Mobil has agreed to include the earlier release in their current response actions, and to new timelines as well as stipulated penalties if deadlines are missed.

11/23/04: DEP entered into a Consent Order with a $35,000 Penalty regarding Blackstone National Golf Course in Sutton. The facility began operating a public water supply in 1997 without first registering with the Department. Blackstone National withdrew water for irrigation from five (5) on-site bedrock wells at volumes exceeding those allowed under the Water Management Act. Under the terms of the Order, Blackstone National must install a treatment system for the public water supply, conduct a pump test on each of the five bedrock irrigation wells, and submit a permit application. Blackstone National agreed with the Department to divide the Penalty so that a $26,250 Supplemental Environmental Project (SEP) will provide funds directly to the Town of Sutton for use in design and construction of the proposed Tricentennial Park along the Blackstone River, and, the remaining $8,750 portion of the Penalty will be paid directly to the state.

11/23/04: DEP entered into a Consent Order with a $20,000 Penalty involving the Department of Conservation and Recreation (DCR), Quarry Hills Associates, Inc. (QHA) and the Riccuitti Drive Landfill in Quincy. QHA and DCR agreed to complete the remaining assessment and closure of the landfill as final resolution of a previously issued Unilateral Penalty Assessment Notice by DEP on 6/18/03.

11/23/04: DEP entered into a Consent Order with a $28,000 Penalty involving Sherborn Realty Trust & Day Spa Inc. of Sherborn for violations of water supply and water pollution control (septic system) regulations. The Realty Trust owns the land at 24 North Main Street where the Spa operates. The parties have agreed to install disinfection/treatment of its water supply while it seeks to find a new water source. In addition, the parties will submit a plan to bring the septic system into compliance. DEP agreed to suspend $18,000 of the Penalty if all terms of the Order are met.

11/22/04: DEP entered into a Consent Order with Prattville Machine & Tool Co. of Peabody for failure to register as a small quantity generator of hazardous waste, and failing to pay annual compliance fees of $1,050 for fiscal years 2004 and 2005. Under terms of the Order, the company agreed to pay its back compliance fees of $525 for both years and comply with hazardous waste regulations.

11/18/04: DEP executed a Consent Order with a $42,281 Penalty regarding 85 Maple Street Realty Trust of Marlborough for asbestos violations. During an inspection on 4/7/04, DEP personnel observed, a demolition/renovation operation that involved the removal of asbestos containing materials for which the Department had not been notified. In addition, the Trust failed to properly wet, seal, label and store asbestos waste materials. DEP agreed to suspend $42,281 of the Penalty based on financial hardship conditions, and provided the Trust does not violate any regulations cited in the Order for one year.

11/18/04: DEP entered into a Consent Order to Unisorb, Inc. of Millbury. The Order establishes deadlines for assessment and remediation of the former Felters Company facility in Millbury. Unisorb, Inc. had received a conditional permit extension from the Department that required completion of the work by January 2005. The Company requested additional time to complete the work because of new information regarding impacts to sediment in the Blackstone River. Unisorb, Inc. now agrees to pay stipulated penalties if deadlines established in this Order are not met.

11/17/04: DEP issued a $750 Penalty Assessment Notice to the East Longmeadow Dept. of Public Works to address asbestos violations. In Oct. '04, DEP discovered at the Town's Transfer Station a piece of asbestos-cement pipe at the asphalt, brick and concrete recycling stockpile. The pipe was discovered during a routine inspection of the facility, which is not permitted to accept or manage special wastes (i.e. asbestos).

11/17/04: DEP issued a Unilateral Assessment Order to Robert L. Perry, of Wareham for significant water withdrawals exceeding the threshold for a Water Management Act permit. The Order requires Perry to apply for Water Management Act permits in the Buzzards Bay and Cape Cod watersheds for cranberry bogs he operates in Middleboro, Carver, and Barnstable. Perry has been given sixty days to apply for the permits.

11/16/04: DEP entered into a Consent Order with $10,000 Penalty regarding Aerovox of New Bedford. The company, a division of Parallax Power Components, was cited for Hazardous Waste and Air Quality violations. During a multimedia inspection, DEP determined Aerovox was acting out of status as a Large Quantity Generator and exceeding emission limits in its Air Quality permit, for Volatile Organic Compounds and Hazardous Air Pollutants (HAP). In addition to returning to compliance, the company agreed to implement pollution prevention that will reduce the amount of HAPs used by 14 tons per year and to further reduce HAPs by an additional 7 tons per year by Sept. '05. DEP agreed to suspend, $2,500 of the Penalty provided all terms of the Order are met.

11/16/04: DEP executed a Consent Order with a $500 Penalty regarding the East Bridgewater Water Department for repeated noncompliance with the Consumer Confidence Report (CCR) requirements. Since 1999, water suppliers that serve the same people year-round must prepare CCRs or annual water quality reports, for their customers. The reports tell where drinking water comes from, what's in it, and how to help protect it.

11/15/04: DEP entered into a Consent Order with the Wilbraham Department of Public Works that provides for the permitting and construction of a permanent corrosion control facility. Wilbraham had tested a temporary facility and will now prepare space for the permanent facility.

11/15/04: DEP entered into a Consent Order involving the I & C Corporation of 201 Elm Street in Somerville. The Order establishes a schedule for cleanup of a contaminated site, a service station. Although first listed as a site in1985, and tier classified in 1999, no additional response actions were conducted. DEP issued a NON on 7/26/04, and the corporation responded with a proposed schedule for completing the site assessment and cleanup. The Order requires response actions to be completed, and a Response Action Outcome Statement to be submitted, by 7/14/06.

11/15/04: DEP entered into a Consent Order with the Division of Conservation & Recreation (DCR) regarding Great Brook Park in Carlisle. The Park, began using a septic system at the Park without final approval from DEP. Under the agreement, DCR has agreed to revise its standard operating procedures used by staff when seeking/obtaining permits, and to submit to DEP a list of all projects for FY'05.

11/12/04: DEP entered into a Consent Order with a $5,750 Penalty involving Art's Texaco of 5 West Main Street in Dudley for failing to conduct an Immediate Response Action in accordance with DEP approval. Principal owner, Arthur Cournoyer IV, has agreed to implement a comprehensive cleanup plan to aggressively remediate the site. DEP agreed to suspend $4,600 of the Penalty if cleanup deadlines are met.

11/9/04: The DEP Commissioner issued a Final Decision regarding CEM Realty Trust of 300 Bent Street in Cambridge. The Decision approves a settlement agreement requiring payment of a $7,000 penalty, and resolves a violation of hazardous waste release cleanup at the Bent Street Site. Initially, the Realty Trust failed to submit in 2002 either a Tier Classification or Response Action Outcome (RAO) Statement regarding the cleanup of this site, where heavy metals were found in surficial soil. DEP then issued a Notice of Noncompliance to the Trust, which failed to respond. After that, DEP assessed an $8,500 penalty, which was appealed. The Trust argued that the Licensed Site Professional hired to conduct the cleanup, Kelly Maman, had told them an RAO had already been submitted. Since that time, Ms. Maman's LSP license was suspended for other reasons; and an RAO, stamped by another LSP has been submitted for the Bent Street site.

11/9/04: The DEP Commissioner issued a Final Decision that dismisses the appeal of a $12,000 Civil Administrative Penalty concerning Brown Auto Repair, 22 Depot Court in Cohasset. DEP issued the $12,000 Stipulated Penalty Demand relative to the failure to clean up the subject site, a gasoline-contaminated auto repair facility, which is located within the Zone II of a public water supply. DEP's Demand was issued on 4/5/04, after the site owner failed to comply with a site assessment deadline established earlier under a Consent Order. The site owner is currently conducting the required actions, and must now either pay the Penalty or appeal the commissioner's decision to Superior Court.

11/8/04: DEP sent a $7,500 Penalty Assessment Notice to A-Plus Asbestos Contractors Inc. for asbestos violations at Lunenburg High School. The company, which is based in Pawtucket, RI, is a licensed asbestos abatement contractor and filed a notification regarding the work, but continued the project after expiration of the notice.

11/5/04: DEP executed a Consent Order with a $36,627 Penalty regarding Mark Merrill d/b/a M & R Roofing Co. of Marlborough for asbestos violations. DEP inspected a roof-shingle replacement project on 6/14/04 at a residence in Marlborough noted the failure to notify the Department of the removal of asbestos containing materials; the failure to carefully lower the asbestos shingles to the ground; and, the failure to properly wet, seal, label and store asbestos waste materials. Through the application of DEP's Small Business Policy, $32,127 is suspended provided the company does not violate any provision of the Order within one year.

11/5/04: The Department DEP entered into a Consent Order with a $500 Penalty involving the Grate Barrington Fire District concerning the Consumer Confidence Report for the year 2003. The DEP review noted that required actions were not taken even though they were identified in a previous review and cited in a NON. DEP agreed to suspend $250 of the Penalty provided the terms of the Order are met.

11/4/04: DEP entered into an Amended Consent Order to the Town of Bourne regarding the Bourne Municipal Landfill. The agreement extends the deadline for the Phase 1D reclamation from 10/31/04 until 10/31/05. Phase 1D is approximately 5 acres of unlined landfill which contains approximately 170,000 cubic yards of waste. The waste is being excavated so that a lined cell can be constructed in its place. The excavated waste is then screened; large material is landfilled at the site, and the remaining material used for operations (i.e. daily cover, grading/shaping, and vegetative support).

11/4/04: DEP entered into a Consent Order with a $15,000 Penalty involving SP Inc. and David Bramley of Salem. SP Inc and Bramley, a Licensed Site Professional (LSP), agreed in the Order to violations of the Massachusetts Contingency Plan. The penalty is divided evenly between the LSP and the consulting firm, which employed him during the noncompliance. The violations occurred at automobile service garages in Framingham and Peabody in the spring and summer of 2003. In both instances, the LSP and consulting firm knowingly performed remedial actions without required notice to DEP and, in one case, without required approvals.

11/4/04: DEP issued a $11,250 Civil Administrative Penalty to Atlantic Bay Contracting (ABC) of Boston for asbestos violations. DEP inspected in January 2004, an ABC project being conducted at a Dudley Street property in Boston where asbestos violations were observed. ABC is a licensed asbestos abatement contractor located in Allston.

11/3/04: DEP entered into a Consent Order with Blue Sky Holdings/Manchester Athletic Club (MAC) in Manchester. The club was cited for failure to properly inspect and operate the facility's septic system The MAC is located within the wellhead protection area of a public water supply well. Under the Order, the facility will conduct monthly inspections, and either connect to municipal sewer, pursue a groundwater discharge permit or construct and operate a wastewater treatment plant according to established timeframes.

11/3/04: DEP entered into a Consent Order with Aquarion Water Company relating to Jacques Well # 1 and Jacques Well # 2 that provide drinking water to the residents in the Town of Millbury. The Consent Order establishes a framework and schedule for the installation and operation of an interim perchlorate treatment system, and for permitting and construction of a permanent treatment system prior to returning the above-mentioned wells to service as part of the public water system.

11/3/04: DEP executed a Consent Order with a $7,000 Penalty involving Millennium Power Partners LP and Hazardous Waste violations at its electric generating facility on Sherwood Lane in Charlton. DEP determined during an inspection that the facility was using a "false start sump" that did not meet the Department's standards for underground waste oil accumulation tanks. The Company, which is based in Delaware, agreed to comply with the order by either meeting the underground waste oil tank accumulation standards or discontinue using the sump for waste oil accumulation.

11/2/04: DEP entered into a Consent Order with a $4,000 Penalty regarding, Former Great American Chemical of Fitchburg. Signing the Order for the company, Kenneth Posco, agreed that cleanup (or response) actions at the site were conducted without employment or engagement of a Licensed Site Professional (LSP). In addition to now having paid the Penalty, Posco has also completed the site cleanup with the oversight of an LSP substantially in advance of required regulatory deadlines.

11/2/04: DEP entered into a Consent Order with a $3,100 Penalty involving Herb Chambers Dodge in Danvers for Air Quality and Hazardous Waste (storage) violations, and non-payment of compliance fees dating back to 1999. Herb Chambers will also conduct an $11,000 Supplemental Environmental Project, which will consist of hazardous waste training sessions for service department personnel. The training will focus on federal and state hazardous waste laws and regulations.

11/1/04: DEP executed a Consent Order with a $1,500 Penalty regarding Community Convenience Trust, owners of a gas station and Dunkin Donuts shop located on Great Road in Stow. The owners were cited for operating a public drinking water supply without first obtaining a permit from the Department. During the permit review process, DEP personnel determined that the facility had commenced operation without receiving final permit approval. At this time DEP has determined that the public water supply has been properly installed and a final approval authorizing operation of the system at the facility has been issued.

11/1/04: DEP entered into a Consent Order with a $16,171 Penalty regarding, asbestos violations at R.G. Construction Company in Ayer. Acting for the company, Richard Gerace, agreed to a failure to notify the DEP prior to commencement of a demolition/renovation project involving the removal of asbestos containing materials and failure to properly remove the asbestos. DEP personnel observed the violations during an inspection on 5/7/04 at a residence in Shirley. Through the application of the DEP's Small Business Policy, $13,671 of the Penalty will be suspended provided the company does not violate any provisions of the Order for one year.

11/1/04: DEP executed a Consent Order with a $5,750 Penalty involving Advanced Signing, LLC of Medway. The company was cited for Air Quality, Hazardous Waste and Industrial Wastewater violations. During the inspection it was determined that the company failed to obtain an air quality plan approval or meet exemption criteria for its spray booths, failed to store organic compounds to minimize evaporation, accumulated more hazardous waste than allowed by their current registration, failed to properly label hazardous waste accumulation containers, failed to mark and post signs in their hazardous waste accumulation area and discharged industrial wastewater without a valid sewer connection permit. In addition to the Penalty, the company agrees to take the steps to return to compliance.

11/1/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Karen Lowe-Romanoff, a Worcester developer, who installed sewers in the city without a valid permit. Under the settlement, Lowe-Romanoff agreed to cease all sewer activity until she obtained a sewer permit from the Department and to pay an administrative penalty of $5,750. The Department agreed to suspend half ($2,875) the Penalty if the developer complied with the Order and sewer permit regulations for a period of one year.

11/1/04: DEP executed a Consent Order with a $137,500 Penalty regarding Baker Tanks, Inc. of Oxford for its failure to complete the required assessment and cleanup of contaminated soil and groundwater at its former property in Oxford. Baker Tanks had received a NON-from DEP and failed to return to compliance. Of the $137,500 penalty, $69,000 is to be paid immediately and a further $68,500 suspended contingent on future compliance with waste site cleanup requirements. The contamination is located in the Zone II recharge area of a municipal drinking water supply well, near private drinking water supply wells and wetlands, and within an endangered species habitat.

11/1/04: DEP entered into a Consent Order with OX PROP LLC of Oxford. The Order requires the completion of cleanup at this contaminated site, formerly Baker Tanks, Inc. The timelines-only Order requires that the cleanup be completed (originally due in 2003) and that a Response Action Outcome (signifying no further action) statement be submitted by 2005. OX PROP LLC has agreed to pay stipulated penalties should they fail to meet deadlines.

11/1/04: DEP entered into a Consent Order with a $7,000 Penalty regarding James Ladd and John Calnan of Lynn for wetlands violations at 382 Walnut Street in Lynn. In addition to the Penalty, Ladd, who owns the property, and Calnan, a contractor who used the property, agreed to restore the 700 square feet of bordering vegetated wetlands by 6/1/05.

10/29/04: DEP entered into a Consent Order with a $29,750 Penalty regarding Moscoffian's of Oxford for Hazardous Waste violations, and failure to obtain the proper discharge permits at its facility which stores, repairs and maintains vehicles. The owner also operates a towing service from this location. Under terms of the DEP's small-business policy, $19,750 of the Penalty is suspended. However, in addition to paying $10,000 of the Penalty, Moscoffian must hire a Licensed Site Professional to conduct an environmental site assessment of the Facility to determine if it has been the site of a release of oil or hazardous materials, and notify DEP if conditions require notification.

10/27/04: DEP entered into a Consent Order with an $11,000 Penalty regarding Solid Waste violations at the transfer station located in Dedham. The town owns the facility, but Waste Management Inc. operates the facility and was found to have violated conditions of its operating permit, including the handling and processing of construction and demolition debris.

10/27/04: Mr. James and Ms. Caryn Greco, Belchertown (WERO): The DEP issued a $20,000 Penalty to James and Caryn Greco of Belchertown for cutting and removing vegetation on the banks and within the riverfront area (30,677 square feet) of the Scantic River in Hampden. The riverfront area and banks of the Scantic River at the site have been identified as estimated habitat for rare and endangered species.

10/27/04: DEP entered into a Consent Order with a $6,000 Penalty involving Richard's Fuel Inc. of Easthampton. The company, which owns a fuel oil terminal located at 79 Union Street in Easthampton, was cited for releasing oil to Lower Mill Pond in Easthampton on 8/6/04. An oil/water/soap mixture was initially released to a storm drain on the property, and the oil was then discharged from the storm drain to the pond. In response to this violation, the company proposed the performance of a Supplemental Environmental Project ("SEP"). The SEP shall consist of Richard's donating $6,000 to the Nashawannuck Pond Fund, which will finance the removal of contaminated pond sediments and other improvements so that the pond can return to full recreational use.

10/27/04: DEP issued a $6,472.50 Civil Administrative Penalty to Keith Zucker, the former owner of property on West Alford Road in West Stockbridge known as the "Camp Kingsmont Caretaker's residence". Zucker failed to notify DEP within 120 days of obtaining knowledge of a release of oil detected in soil and groundwater at the site. The oil release, likely from a leak in an aboveground storage tank system located in the basement of the residence, was identified in February 2004. However, DEP was not notified of the release until July 22, 2004. Zucker also failed to appear at an enforcement conference scheduled by DEP to discuss the matter.

10/27/04: DEP entered into a Consent Order with a $19,000 Penalty involving Lockheed Window Corp., a Rhode Island corporation, to address asbestos violations at the Highland Elementary School on Western Avenue in Westfield on 8/25/03. The Company was also cited for notification violations for demolition/renovation operations involving asbestos-containing material at the Pasteur Hall at the University of Massachusetts in Lowell, Falmouth Hall at the University of Massachusetts in Lowell, and Davis Thayer School in Franklin. In addition to the Penalty, Lockheed agreed to comply with the air quality regulations when conducting any future renovation and demolition operations.

10/26/04: DEP issued a $1,000 Penalty Assessment Notice to Elena Coffey of Worcester for Waste Site Cleanup Violations. In addition to the Penalty, the DEP issued a Unilateral Order for specified collection of samples for analysis and submittal of a revised risk characterization. Prior to today's actions, the Department had initially issued a Notice of Noncompliance for failure to meet response action deadlines, the DEP then received a report that failed to evaluate soil exposure point concentrations and vapor intrusion exposure pathways. DEP then held an enforcement conference in an effort to reach a Consent Order.

10/25/04: DEP issued a Unilateral Administrative Order to Refinity of Lynn ordering this (precious metals) recycling facility to submit documentation showing its incineration units were dismantled. In 2001, DEP issued a Notice of Noncompliance to Refinity for air quality violations, and requiring a stack test before it re-started its units. A stack test was never conducted, and with today's order, DEP effectively revoked Refinity's (air quality) operating permit.

10/25/04: DEP entered into a Consent Order with Smith & Wesson Corporation of Springfield, a firearms manufacturing facility. Subsurface investigations in June 2004 indicated the presence of a potential imminent hazard condition related to indoor air at the facility: the detection of solvent vapors. The company agreed to comply with deadlines for submitting reports and completing response actions in a timely manner. Smith & Wesson took immediate steps to address indoor air and requested extension of deadlines for submittal of additional response actions. The Order grants the extension of deadlines and includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

10/25/04: DEP issued a $65,490 Penalty to Paul Wastrom to address asbestos handling violations at his Conway Street rental property in Greenfield. DEP responded to a complaint from the Greenfield Board of Health in November 2002, to inspect the property. Initially, the town's health agent required Wastrom to hire a licensed asbestos removal contractor to remove damaged asbestos from the basement of the property. A follow-up inspection by the health agent however, revealed that much of the asbestos had been improperly removed from the basement of the multi-family house. The DEP inspection confirmed that asbestos had been removed in noncompliance with the Department's asbestos removal and handling regulations. After DEP conducted the November 2002 inspection, Wastrom took steps to follow the required directives for cleaning up the property.

10/21/04: DEP issued a Boil Order to Belchertown Water District in Belchertown DEP issued the order which calls for the District to notify consumers in the southern portion of the district to boil their water due to possible presence of bacteria. The Order was lifted on 10/29/04.

10/21/04: DEP issued a Unilateral Order to New Ventures of Newburyport for violations observed during a July 2004 inspection. Among the violations: leachate breakout that discharges to wetlands, and the mixing and placement of construction & demolition (C&D) material in violation of the Consent Order under which the capping is taking place. The Order requires New Ventures to take immediate steps to bring the site back into compliance.

10/21/04: DEP executed a Consent Order with a $9,500 Penalty involving Marvic Inc. of Auburn (d/b/a Brady-Built of New England) for Air Pollution and Hazardous Waste violations. DEP personnel observed during November 2003, excessive visible emissions emanating from a wood-fired boiler operated by the company. The resulting inspection revealed that the company was burning scrap wood (some of it laminated) in the boiler for heat, and to improperly dispose of the wood. In addition, the company was operating without the required Air Quality approval and had failed to characterize potentially hazardous waste for proper disposal. The company has now agreed to cease operating the wood-fired boiler in the future. DEP has agreed to suspend $2,500 of the Penalty provided the company complies with all terms of the Order.

10/19/04: DEP executed a Consent Order with a $1,000 Penalty involving Concord Building Services Inc., of Tewksbury for asbestos violations at a site in Groton. The company failed to notify the DEP of a demolition/renovation project conducted at the Groton-Dunstable North Middle School in Groton.

10/19/04: DEP executed a Consent Order with $7,870 Penalty involving Ranor, Inc. of Westminster for violating Air Pollution Control, Hazardous Waste, and Industrial Wastewater regulations. During the 5/27/04 inspection, Department personnel observed that the company failed to comply with regulations associated with the proper operation of paint spray booths, failed to register fuel burning equipment, generated more waste oil than allowed by their registered status, failed to follow hazardous waste accumulation standards, and improperly managed their industrial wastewater. In addition to the Penalty, the company agrees to bring the facility into compliance.

10/19/04: DEP entered into a Consent Order with a $5,000 Penalty involving Carter's Auto Salvage/Junkyard of Rehoboth. DEP conducted a site inspection on 4/29/04 and identified hazardous waste and solid waste violations. The Order establishes an aggressive schedule to correct violations of the hazardous waste regulations and remove solid waste from the site. As a result of DEP inspections, Carter's Auto Salvage/Junkyard has since moved aggressively to clean up the site and come into compliance, thereby removing additional potential sources of releases to the environment. As a condition of the Order, Carter's will perform a $1,000 Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP) in lieu of a portion of the financial penalty.

10/18/04: DEP executed a Consent Order with a $67,500 Penalty involving Paul Bertrone, d/b/a Bertone Heating and Air Conditioning Co. of Franklin for asbestos violations at a residence in Medway. During an inspection on 10/30/03, Department personnel observed that the company failed to notify the DEP of a demolition/renovation operation involving the removal of asbestos-containing materials, and also failed to wet, seal, and label asbestos waste materials during a boiler replacement at a residence in Medway. Through the application of the Department's Small Business Policy, $62,500 of the Penalty is suspended provided Bertone does not violate any provision of the Order within one year.

10/8/04: DEP issued a Unilateral Administrative Order to Anthony Ping Zuo, of Southwick, ordering him to cease the discharge of sewage to groundwater. Zuo's apartment building had suffered a blockage causing sewage to be discharged to a manhole on the property. In addition, DEP is working with the local board of health and DPW to address the situation due to the owner's failure to address the problem. The Department will continue to review the matter with respect to additional enforcement.

10/7/04: DEP issued a $31,700 Penalty to Charles Noonan, d/b/a Chuck's Civic Center in Barre for failure to meet response action deadlines. Gasoline contamination was discovered during the removal of underground storage tanks from the repair shop in 1991. The contamination is of particular concern to DEP because of its location in the Zone II recharge area for a municipal drinking water supply well. Since the release, Noonan has not met the regulatory deadlines for the assessment and cleanup of the release. DEP issued Notices of Noncompliance to Noonan requesting that he establish a schedule for conducting this work. Noonan did not respond to these notices, and declined to attend a meeting as requested by DEP to discuss the noncompliance.

10/7/04: DEP executed a Consent Order with a $7,500 Penalty regarding McGinn Citgo Service Station of 627 Newport Ave., Quincy, the owner-operator of a gasoline-contaminated site that missed deadlines for cleanup. In addition to the Penalty, the Order requires all necessary response actions at the site, which is currently classified (tier two).

10/7/04: DEP issued a $101,926 Civil Administrative Penalty to Shawn and Doug Corp., d/b/a Removal Specialists, of Lynn. DEP issued the notice of intent to assess the Penalty due to asbestos, hazardous waste and solid waste violations. DEP inspected several locations in Lynn on October 9, 10 and 15 in 2002 where the violations were observed.

10/6/04: DEP entered into a Consent Order with Wendell Country Store of Wendell. The Store operates as a public water system (transient non-community) and failed to address repairs at the wellhead, failed to conduct bacteria compliance monitoring, and failed to ensure the well could be replaced if future bacteria contamination is documented. The Store agreed to take the necessary steps to return to compliance.

10/6/04: DEP issued a $29,900 Penalty Assessment Notification (PAN) to Leo Construction Company, Inc. and Leo Construction Contractors, Inc., in Webster for violations related to the cleanup of a release of oil/hazardous materials. The company failed to file a Tier Classification submittal within one year of having filed a release notification (a requirement). Prior to today's Penalty, the Department issued a written Notice of Noncompliance (NON) and the company failed to take the required action described in that NON.

10/6/04: DEP entered into a Consent Order with a $5,000 Penalty involving Fogerty Enterprises of Norton for violating hazardous waste, solid waste, and wetlands regulations. The Order commits Fogerty - an auto towing and salvage yard business - to an aggressive schedule that will assess potential wetland impacts, correct violations of the hazardous waste regulations, and remove solid waste from the site. The Order also includes a Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP) in lieu of $3,000 of the Penalty.

10/6/04: DEP entered into a Consent Order with a $8,070 Penalty regarding Scannell Properties #22, LLC of Brockton for wetlands violations. The company received an Order of Conditions from the Brockton Conservation Commission and a 401 Water Quality Certification from the DEP that allowed work in bordering vegetated wetland, but Scannell did not complete the required replication by the given deadline.

10/6/04: DEP issued a Unilateral Administrative Order to the Town of Winthrop requiring the repair of erosion damage to the side (and toe of the slope) of the Belle Isle Landfill. In addition, the Order requires Winthrop to provide a plan to the Department for conducting environmental monitoring of the Landfill in accordance with the DEP's approval of post-closure use at the Landfill (the Belle Isle Cemetery and the Town's leaf and yard waste management).

10/5/04: DEP entered into a Consent Order with Wayne Capolupo of 99 Elm Street in Salisbury regarding the alteration and fill of 27,900 s.f. of bordering vegetated wetland (BVW) in 1995. DEP determined that while no formal application was submitted, Capolupo did receive an informal (negative) determination concerning wetlands designation from the town's conservation commission. As a result of this order, Capolupo has agreed to restore 50,800 s.f. of BVW under a plan currently before the DEP awaiting approval.

10/6/04: DEP issued a $1,000 Penalty Assessment Notice to the Town of Washington. DEP determined the town's DPW conducted open burning of wood waste and other solid wastes at the town's Transfer Station. The violations were discovered during a DEP inspection of the Transfer Station on 7/1/04 and a follow-up inspection on 8/31/04.

10/4/04: DEP entered into a Consent Order with Giangregorio - d/b/a Contemporary Country Builders, Inc. - of Williamsburg. The company agreed to address the removal of silt deposition in a wetland area. The owner/builder was advised initially by the local conservation commission that the area was non-jurisdictional (outside the purview of the Rivers/Wetlands Protection Act). While acting on the basis of that conservation commission's decision, the owner/builder failed to note that a timely and valid appeal of that decision was filed. Subsequently, as a result of that appeal, DEP determined the area was in fact jurisdictional and enforcement was therefore undertaken. In addition to remediating the silt in the jurisdictional wetland, the owner/builder, has agreed to remove fill from an isolated vegetated wetland.

10/4/04: DEP issued a $28,700 Civil Administrative Penalty and Unilateral Administrative Order (UAO) to Poirier & Ware Heat Treating Co., of Wrentham. The company was cited for Hazardous Waste, Air Quality, Industrial Wastewater and Toxics Use Reduction Act violations. A multimedia inspection by DEP revealed violations at a business operation that was planning to suspend operations pending sale of its assets. The UAO requires proper management of regulated wastes and an assessment of impacts from an industrial waste discharge to the ground surface.

10/4/04: DEP entered into a Superseding Consent Order with the Lawrence Water Treatment Plant in Lawrence. Today's Order replaces a 1999 Consent Order that required repair or replacement of the plant. In Feb. 2004, DEP conducted a four-day Comprehensive Performance Evaluation of the plant and found numerous deficiencies that kept the plant from optimizing performance. Lawrence has now agreed to correct certain deficiencies in the existing plant in 2004-05 and to make a long- term capital improvement program as well as create a routine inspection and maintenance program for the water distribution system including the pump stations and storage tanks. Lawrence will also complete its new treatment plant no later than 3/17/07

10/1/04: DEP entered into a Consent Order with a $37,500 Penalty involving the Safety-Kleen Systems Inc. facility located in Marlborough. The company - which operates hazardous waste storage and treatment facilities in Marlborough, West Brookfield and other Massachusetts locations - was cited for failing to comply with Hazardous Waste Management and Air Pollution Control regulations. In January of 2004, the DEP received notification from the company that approximately 200 gallons of waste oil was spilled to a paved area at the 50A Brigham Street, Marlborough facility while transferring waste oil from one of its trucks to an adjacent rail car. A subsequent investigation and inspection revealed that the spill occurred outside of the company's approved transfer area, and was caused by the improper configuration of the truck's valves during off-loading. In addition, Safety-Kleen did not have trained personnel monitoring the off-loading activity, which is required by their license, thus exacerbating the spill. The company also allowed one of its trucks to idle unmanned in violation of an Air Pollution Control regulation. A March inspection of Safety-Kleen's 224 East Main Street, West Brookfield facility revealed other hazardous waste violations associated with its Hazardous Waste Transporter License. In addition to the Penalty, the company has agreed to further train their personnel and put in place safeguards to prevent the violations from reoccurring.

10/1/04: DEP entered into a Consent Order with a $6,000 Penalty involving General Cable Corporation regarding property located at 160 Water Street in Williamstown. The company is the former owner of this industrial property where in late 2001 General Cable became aware of a reportable release of oil at this site and failed to notify DEP. At that time, soil borings were undertaken as part of a property assessment to facilitate transfer of this property to a new owner. The area where contamination was found is in the vicinity of an underground storage tank that previously had been removed in 1979. The new owner then notified DEP of the release in June of 2004, approximately two years after notification should have been provided.

10/1/04: DEP issued a Unilateral Administrative Order to Alfred LeMay of Wales requiring the removal of the un-permitted expansion to a previously permitted dock. The Order also requires compliance with the location approved in Lemay's permit. The un-permitted modification of the permitted structure included expansion of the dock into the area of the public beach.

10/1/04: DEP assessed a $1,000 Civil Administrative Penalty against the City of North Adams relative to the cleanup of contaminated property it owns at 376 Main Street. The city failed to comply with the requirement to file a valid Notice of Activity and Use Limitation and maintain a Condition of No Significant Risk. The Department audited the reports the city submitted relative to the cleanup of this site in 2001, and required additional information, which was then submitted in 2003. Based on an audit of these additional reports, DEP identified violations requiring termination of the AUL and provided 90 days to correct the deficiencies and return to compliance. In addition to the Penalty, the DEP issued a Unilateral Order providing termination of the existing AUL and implementation of a new AUL within 60 days.

10/1/04: DEP issued a demand to Williamsburg Water system of Williamsburg for payment of $4,000 of stipulated penalties due to non-compliance with an existing Consent Order. The Public Water System has not fully addressed certified operator deficiencies and lacks an updated comprehensive emergency response plan.

9/30/04: DEP executed a Consent Order with a $5,450 Penalty regarding BJ's Wholesale Club, Inc. for violations of air pollution and hazardous waste regulations at two of its wholesale facilities in Chicopee and Greenfield. Following a DEP inspection of the Chicopee facility on 2/19/04, DEP issued a Notice of Noncompliance to BJ's for noncompliance with the Stage II Vapor Recovery System and hazardous waste requirements. A follow-up inspection on 5/21/04 revealed similar and new violations at the Chicopee facility. In addition, on 2/27/04, an inspection of BJ's Greenfield facility revealed noncompliance with hazardous waste management regulations. As part of the settlement, the Company has agreed to correct the violations and develop and implement an Environmental Management System. DEP suspended $3,950 of the Penalty provided BJ's remains in compliance with the Order.

9/30/04: DEP entered into a Consent Order with a $16,000 Penalty involving Bottomley & Riley Real Estate of North Attleboro. Bottomley - which owns the former manufacturing facility at 21 East Street - failed to meet deadlines for the cleanup of this site under the Waste Site Cleanup Regulations.

9/29/04: DEP entered into a Consent Order with a $10,615 Penalty regarding Harbor Village Cleaners of Townsend for violating Air Pollution Control, Hazardous Waste, Industrial Wastewater, and Environmental Results Program Regulations. The company failed to follow numerous record-keeping and hazardous waste accumulation standards. In addition, it had discharged industrial wastewater to an onsite septic system, and it had failed to adequately certify and comply with requirements associated with the Environmental Results Program. Through the application of the Department's Small Business Policy, DEP agreed to suspend $8,615 of the Penalty provided the company complies with all terms of the Order.

9/29/04: DEP concluded a Consent Order with View Drive, a public water supplier in Richmond formed by a neighborhood of homes. The Community must address source construction and maintenance, corrosion control treatment, storage and meter issues. DEP inspected the area and documented the necessary steps.

9/28/04: DEP executed a Consent Order with Woolman Hill Conference Center of Deerfield, a transient non-community public water system, to address repeated bacteria contamination. The Order includes public notice provisions and requires Woolman to propose a method and identify a schedule to eliminate total coliform bacteria from the drinking water.

9/27/04: DEP entered into a Consent Order with a $5,325 Penalty regarding Getty Properties Corp., located in Worcester to resolve cleanup violations for a contaminated site. Getty owns the gasoline service station at 527 Grafton Street in Worcester and failed to meet response action deadlines and conducted remedial actions without a permit at this location.

9/27/04: DEP executed a Consent Order with a $28,031 Penalty involving AG Asbestos Inc., of Lawrence. The company violated Air Pollution Control (Asbestos) Regulations during an asbestos abatement project in Marlborough. The company, which is a licensed asbestos contractor, failed to properly seal a work area, failed to use an air cleaning system, and failed to wet asbestos waste. Through the application of the Department's Small Business Policy, DEP agreed to suspend $15,031 of the Penalty provided the company complies with all terms of the Order.

9/23/04: DEP entered into a Consent Order with a $6,300 Penalty involving Innovative Coatings, Inc. of Medway for failing to comply with Air Pollution Control, Hazardous Waste Management, and Industrial Wastewater Regulations. The violations involve: failure to obtain a sewer connection permit; failure to report fuel utilization equipment; storing waste longer than allowed; and, failure to follow other hazardous waste accumulation standards. DEP agreed to suspend $5,800 of the Penalty based on a review of financial information provided by the Company that supported a claim of financial hardship.

9/22/04: DEP entered into a Consent Order with a $15,000 Penalty involving Belcher Corporation of South Easton to address noise and odor complaints. The company agreed to the following: submit a report identifying sources of noise from evening operations; adhere to a reduced hourly operating schedule; perform sampling, and, submit an updated preventive maintenance program for its air pollution control equipment. In addition, prior to the installation and operation of the air pollution control technologies, Belcher will submit the appropriate plans and specifications to the DEP for approval. Finally, Belcher will also perform a Supplemental Environmental Project (SEP) having a minimum total value of $25,000.

9/21/04: DEP executed a Consent Order with the Town of Marblehead for completing the assessment of the Marblehead Landfill and addressing unpermitted post-closure uses at the former landfill. Marblehead has also agreed in a separate Order to perform a Supplemental Environmental Project (SEP) to satisfy a $12,500 Administrative Penalty for violations of the closure and post-closure requirements at the landfill. Under the town's SEP it will either create and implement an education module on recycling for the schools, or conduct a waste management audit of all Town Departments.

9/21/04: DEP entered into an Amendment to an existing Consent Order with the Town of Weymouth requiring significant upgrades to its sewer collection system to increase capacity. In May 2004, DEP assessed the city $25,000 in stipulated penalties for failing to meet existing timelines. Today's amended order adopts revised timelines to eliminate overflows of wastewater that currently would occur within the watershed of public water supply.

9/20/04: DEP signed an Amendment to an existing Consent Order with a $20,000 Penalty involving North Carver Landfill of Carver. The landfill is being closed and capped by BATG Environmental Inc. BATG accepted 15,900 cubic yards of soils for shaping-and-grading material in excess of the required amount to meet the approved closure grades. DEP agreed to suspend $5,000 of the Penalty provided future violations do not occur, and $10,000 of the Penalty will fund a Supplemental Environmental Project (SEP). The agreed-upon SEP includes planting of trees at the Town property line (between the landfill and the adjacent neighborhood) to shield the neighbors from the landfill and activities from post-closure uses at the landfill.

9/20/04: In a case begun by DEP, Suffolk Superior Court penalized a Wakefield automobile dealer, 128 Sales, Inc. in the amount of $270,096. The Penalty was based on the sale of Ford Winstars imported from Canada that did not comply with the emissions standards of the Massachusetts Low Emission Vehicle ("LEV") Program. The Court held that the Commonwealth was "persuasive in its argument that two times the net profit is an appropriate civil penalty to achieve the goals of general and specific deterrence." The court considered the Commonwealth's enforcement costs, and the actual harm to the environment, and added pre-judgment interest from the time of the violations.

9/17/04: DEP entered into a Consent Order with Springfield Water and Sewer Commission (SWSC). The Department concluded an agreement with the SWSC, the second largest community public water system in the Commonwealth, regarding the implementation of the Massachusetts Water Management Act. SWSC will provide a water conservation plan to the Department to ensure that water usage is both appropriate and conforms to the state requirements.

9/16/04: DEP executed a Consent Order with a $28,750 Penalty involving Luigi Romeo (d/b/a Romeo Salon in Auburn) for violating Air Pollution Control Regulations. DEP observed, during an 4/2/04 inspection, numerous pieces of dry, broken asbestos transite shingles lying uncontained on the ground and mixed throughout demolition debris in an open roll-off container on the property. Through the application of the Small Business Policy, DEP agreed to suspend $23,750 of the Penalty provided Romeo does not violate any provisions of the Order within one year.

9/16/04: DEP issued a Unilateral Administrative Order (UAO) to Kervick Enterprises, Inc. of Worcester. Kervick failed to properly characterize and dispose of metal treating (hazardous) waste left by a company that had sublet space from Kervick. In addition, a second UAO was issued on to KomTek Realty, Inc., owner of the property, which leases to Kervick Enterprises, Inc. A similar Order has already been issued in August 2003 to the metal treating company, [proprietor Paul Brunell, d/b/a AABEC], which is currently in bankruptcy protection.

9/15/04: DEP entered into a Consent Order with Salem & Beverly Water Supply Board relative to its compliance with lead and copper requirements. The Board agreed to conduct additional samples beginning in March 2005 and to implement actions based on the percentage of sites that exceed the lead and copper action level. Those actions could include adjustment of ph & alkalinity or modification of existing treatment.

9/15/04: DEP entered into a Consent order with a $12,213 Penalty involving the City of Springfield and its Police Station for failure to notify the DEP of a gasoline release. The release had migrated from a former UST at the Police Station via groundwater to adjacent apartments. Levels of dissolved gasoline in the groundwater under the residential property had increased to the point that hazard notification to the DEP should have been made and Immediate Response Actions taken to assess potential impacts to indoor air at the apartment complex. The City, once notified of their noncompliance and DEP requirements, immediately undertook an assessment of the indoor air at the apartments. No impacts to indoor air from the release were identified. In addition, the City entered into a Consent Order with the DEP to further assess the gasoline plume and potential impacts to indoor air and to submit quarterly status reports to the DEP. DEP agreed to suspend the entire Penalty if the city complies with the terms of the agreement. The Consent Order also includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

9/14/04: DEP issued an Order declaring a Water Emergency in West Springfield due to a major water main break. The break required West Springfield to obtain approximately 4 million gallons per day from neighboring Springfield. DEP's order included conditions regarding the return to service of the main that delivered Southwick well water to the system and a conservation plan with an implementation schedule.

9/13/04: DEP entered into a Consent Order with a $2,700 Penalty involving EIS Wire & Cable of South Hadley. DEP discovered violations of the Toxics Use Reduction Act (TURA) and hazardous waste regulations during an inspection on 3/9/04. In addition to the Penalty, the Company has agreed to correct the violations and pay double the applicable toxics use reduction fee of $7,750 for a total of $15,500 for calendar years 2001 and 2002. DEP agreed to suspend $2,000 of the Penalty contingent upon the Company's compliance with the settlement agreement.

9/9/04: DEP issued a Unilateral Administrative Order to Eastern Contractors, Inc., the construction contractor for the expansion project of Algonquin Regional High School in Northborough. DEP staff observed that erosion and deposition of soils from the project had impacted wetlands and an intermittent stream. The Order requires the contractor to immediately implement erosion controls and to provide an impact evaluation and restoration plan within 30 days.

9/8/04: DEP concluded an Amendment to an existing Consent Order to Hinsdale DPW, Hinsdale to address Underground Injection Control violations at the DPW facility. Additional soil cleanup required an extension to the deadlines in the original ACO.

9/8/04: DEP concluded a Consent Order with Pelham General Store, a public water system located in Pelham for failure to address repeated bacteria incidents at the system. The Order includes public notification requirements and a provision requiring a permanent correction if an additional bacteria incident occurs.

9/8/04: DEP executed a Consent Order with the Town of Palmer. The Order requires the town to perform quarterly inspections at former Combined Sewage Overflow discharge locations and to conduct sampling at those locations. The inspections are needed to ensure and document that actions taken by the town to remove combined sewer discharges have been successful. DEP determined that a discharge was continuing from at least one CSO outfall even after the work that was designed to eliminate it had been completed.

9/8/04: DEP issued a Demand Letter for $15,000 in Stipulated Penalties to the Concord Country Club of Concord relative to a 12/31/02 Consent Order dealing with the facility's wastewater disposal. The facility began the construction of a soil absorption system without approval of plans and specifications from the Department.

9/4/04: DEP executed a Consent Order with a $10,875 Penalty involving Saint Joseph's Abbey in Spencer for failing to comply with Air Pollution Control, Hazardous Waste Management, and Wastewater Regulations. The Abbey, which is located at 167 North Spencer Road, is the home of a religious order of Trappist Monks, and produces a variety of jellies and jams on site. The Abbey failed to operate its processes in accordance with the conditions of its existing Air Quality Control plan approval and failed to follow hazardous waste storage and management requirements. In addition, the Abbey failed to properly dispose of various sanitary and industrial wastewaters. The Order requires the Abbey to institute an Environmental Management System, and install equipment that will reduce the volume of industrial wastewater that it generates. DEP agreed to suspend the Penalty provided the EMS is implemented and all other compliance actions are completed.

9/4/04: DEP issued a Unilateral Administrative Order (UAO) and a $68,613 Civil Administrative Penalty to Northbridge Auto Wrecking, Inc. of 2040 Providence Road in Northbridge for violating Hazardous Waste, Industrial Wastewater, Wetlands, Solid Waste Regulations at this facility where junked cars are stored and crushed along the Blackstone River. The company was ordered to cease the use of the automobile crusher until containment was provided to capture leaking fluids, cleanup contaminated soil, submit a wetlands restoration plan and comply with hazardous management standards. In addition, a UAO was issued to Northbridge Auto in August 2003 ordering the Company to properly separate, remove and dispose of illegally stored tires. That UAO was appealed by the Company, and has not yet been settled.

9/3/04: DEP issued a Unilateral Administrative Order (UAO) to TLT Construction Corporation of Holden, which is the contractor for Wachusett Regional School project in Holden. Department staff observed that erosion of soils from the project had impacted wetlands and tributary streams to Wachusett Reservoir. The UAO requires this contractor to immediately stabilize the Site and to provide an impact evaluation and restoration plan within 30 days. Penalty Assessment is expected.

9/3/04: DEP issued a Unilateral Administrative Order to J. A. Polito & Sons of Leicester. Polito, as the contractor for Mass Highway Department, was cited for erosion and sedimentation to wetlands from their Route 9 reconstruction project in Leicester. The Order requires immediate stabilization of the project site and the submittal of an impact evaluation and restoration plan within 30 days.

9/3/04: DEP issued a Unilateral Administrative Order (UAO) to Paul Schold of Leicester for erosion and sedimentation violations at Town Meadow Brook and Dutton's Pond of Leicester. The UAO requires Schold to immediately stabilize the site and to submit a plan within 30 days that evaluates wetlands impacts and proposes appropriate restoration.

9/3/04: DEP entered into a Consent Order with an $8,500 Penalty involving Tyrolit North America, Inc. The company owns property in Westborough at 12 Union Street, which had been used as a fuel oil storage facility. In April 2003, Tyrolit filed with the DEP a report on cleanup actions taken at the site - a Response Action Outcome (RAO). DEP reviewed this RAO and found the company failed to notify concerning an oil release to groundwater and failed to determine the extent of groundwater contamination. The company also failed to comply with cleanup regulations while removing contaminated soils and did not meet the cleanup performance standards.

8/31/04: DEP entered into a Consent Order with a $13,750 Penalty regarding American Optical Corporation in Southbridge. The violations were for failure to submit information, and failure to develop and implement the selected remedial action alternative pursuant to DEP's waste-site cleanup requirements. The Company will be required to pay an additional $7,500 if they violate the items in the Order within one year.

8/31/04: DEP executed a Consent Order with Lakeview Realty Trust/Sandy Bay Terrace of Rockport. The Order establishes a schedule for completion of phased cleanup of this contaminated site. In August, 2004, DEP entered into a Consent Order with a $25,000 Penalty regarding this property, which involved Feldman Construction Company due to five years of past noncompliance at this location. This companion Order requires the current owner of the property (Lakeview) to conduct phased response actions to return the site to compliance.

8/31/04: DEP entered into a Consent Order with a $17,500 Penalty involving Kinney's Shell Station at 262 Pawtucket St. in Lowell. Kinney's is the owner-operator of this gasoline-contaminated site that is out of compliance with cleanup deadlines. After six years of noncompliance, the Operator has agreed to conduct all necessary response actions at the site. DEP agreed to suspend $10,000 of the Penalty if all terms of the Order are met.

8/31/04: DEP entered into a Consent Order with Daniel Quintal and Antonio F. Alberto, regarding property at 254 Caroline Street and 261 Neptune Street in Fall River. The Order will recover from the two parties $220,256 in costs already incurred by the Commonwealth (DEP) for cleanup actions conducted at the above residences. Specifically, the ACO seeks to recover two hundred twenty thousand two hundred and fifty six dollars ($220,256) in costs for the installation of the sub slab ventilation system which tested the indoor air. The ACO requires additional assessment at the site and property closure under the MCP.

8/31/04: DEP entered into a Consent Order with MCI-Shirley. The Massachusetts Department of Correction (DOC) agreed to meet deadlines for the completion of assessment and remediation of a petroleum release at this site. The DOC had received a Notice of Noncompliance for failing to submit a Phase IV Remedy Implementation Plan, and had not submitted a schedule for completing the work as requested. The DOC has now submitted an acceptable schedule for completing the work and has agreed to pay stipulated penalties if they do not meet the deadlines.

8/31/04: DEP entered into a Consent Order with Jabez, LLC regarding the Joyce Industrial Park in Boxborough. Jabez agreed to meet deadlines for submittal of response actions related to non-compliance with cleanup actions at the Industrial Park. DEP had issued a Notice of Audit Findings with Notice of Noncompliance on December 31, 2003. The former owner, Joule Power, had conducted response actions but was declared bankrupt and dissolved prior to DEP's action. Jabez, as the current owner of the Industrial Park, responded to DEP by submitting an Audit Follow-up Plan with proposed response action deadlines that have been incorporated into today's Order. Jabez will now have the opportunity to conduct all the required response actions at the site.

8/30/04: DEP entered into a Consent Order with a $6,000 Penalty regarding the Weston Department of Public Works. A DEP inspection on January 31, 2004 found violations of Air Quality (Stage II) and Hazardous Waste (storage/labeling). The town also agreed to develop and implement an Environmental Management Systems (EMS) that will integrate environmental compliance into daily operations.

8/30/04: DEP entered into a Consent Order with a $15,000 Penalty regarding the Methuen Department of Public Works. DEP found violations involving Air Quality (vapor recovery), Hazardous Waste (storage/labeling) and Industrial Wastewater (floor drain) during an inspection in February, 2004. The town agreed to conduct a Supplemental Environmental Project (SEP) that involves the removal of debris from five specific areas in town located near either wetlands or waterways. Collection, transportation and disposal of collected materials (tires and scrap metal) will be recycled and other materials will be disposed of in an appropriate manner. DEP agreed to suspend the Penalty provided all terms of the Order are met.
8/27/04: DEP issued a Unilateral Administrative Order to Gonynor Trust, owner of the Meadow Woods Trailer Park, directing the Trust to take affirmative steps to disconnect one of three unapproved drinking water wells on the property.

8/25/04: DEP executed a Consent Order with a $25,050 Penalty regarding Mace Adhesives & Coatings Company, Inc., of Dudley for violating Hazardous Waste and Air Quality Regulations. The Company was illegally storing hundreds of drums, most of which contained uncharacterized, unusable hazardous wastes. In addition, the company operated as a major source of air emissions without having first obtained the appropriate permit, and it failed to maintain adequate operating records. In addition to the Penalty, the company must properly characterize all drums on site, and designate them for either re-use on site or for timely proper disposal. In addition, a tracking system will be put in place to ensure the timely reuse or disposal of future materials.

8/24/04: DEP issued a Notice of Noncompliance (NON) to Waste Systems International (WSI) regarding the South Hadley Landfill. The NON was issued to WSI to address landfill gas odors observed both on and off-site.

8/23/04: DEP entered into a Consent Order with a $3,500 Penalty involving F.L. Roberts and Company, Inc., of West Springfield. The company failed to achieve 95% reduction in off-gas emissions from a soil and groundwater remediation system. As part of the agreement, F.L. Roberts will identify other facilities it operates where a similar approach had been used and provide a plan for modifying those procedures to prevent future emissions. The company will then provide documentation of this plan's implementation.

8/23/04: DEP issued a Unilateral Administrative Order and a $300 Penalty Assessment Notice to Hill Top Motel of Shelburne. The facility is a public water system that failed to submit its required annual statistical report. The facility is still required to submit the report in addition to the Penalty.

8/23/04: DEP issued a Unilateral Administrative Order and $300 Penalty to Camp Stanica of Palmer. The Camp is a public water system that failed to submit its required annual statistical report. That report along with the Transient Non-Community/Public Water System self-survey is still required in addition to the Penalty.

8/23/04: DEP entered into a Settlement Agreement with a $5,160 Penalty regarding Pride Convenience, Inc., of Springfield. Pride agreed to address violations discovered during inspections at three of the company's motor vehicle fuel dispensing facilities. As part of the settlement agreement the Company has agreed to correct the violations and pay a $2,580 penalty. DEP suspended an additional $2,580 if the Company remains in compliance for one year.

8/20/04: DEP issued a Unilateral Administrative Order against Bridle Cross Realty Trust and Bovenzi, Inc., for wetlands violations on a 154-acre development project in Fitchburg, near the Leominster border. The aforementioned parties filled in wetlands and proceeded to work without a 401 Water Quality Certification. The Order directs the parties to cease and desist, and to engage the service of a professional wetlands engineer to develop a plan for restoration of the affected resources.

8/20/04: DEP assessed a $30,000 Civil Administrative Penalty to Shirley and Vincent Moccio of Agawam. The owners of the property located at 91 Ramah Circle (Former Ken Rick's Auto Repair) were cited for failure to complete response actions involving the cleanup of fuel oil and gasoline on the site. The site has been an automotive service and repair facility since 1950. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

8/20/04: DEP entered into a Consent Order with a $4,000 Penalty regarding Leonard E. Belcher Inc., of Springfield. Belcher was cited for failure to complete cleanup actions after releases of fuel oil were identified in the soils and groundwater on-site. Belcher owns a fuel oil terminal located at 195-225 Armory Street, in Springfield. Since 1987 Belcher has performed response actions to address the contamination but has repeatedly failed to submit the appropriate reports to DEP.

8/20/04: DEP assessed a $30,000 Civil Administrative Penalty to Spartan Nominee Realty Trust of Holyoke. The owners of property at 195 Appleton Street were cited for failure to comply with hazardous waste regulations and perform response actions involving cleanup of a petroleum release at the site. The Trustees are listed as Harry Xarras and Maryruth Ryan, both residents of Fitchburg.

8/19/04: DEP entered into a Consent Order with a $30,000 Penalty involving Dexter-Russell, Inc., of Southbridge. The Order was issued to Dexter-Russell, Inc. of 44 River Street for failure to meet requirements of DEP's Notice of Noncompliance. Specifically, the Company failed to remediate a hot spot of benzene in groundwater that exceeded Upper Concentration Limits. In addition to the Penalty, the Company has agreed to conduct aggressive groundwater remediation.

8/18/04: DEP entered into a Consent Order with a $1,500 Penalty regarding Stanley Sefton of Chicopee. Sefton, the owner of the former Niemiec's Auto Service in Chicopee, was cited for failing to notify DEP of a release of gasoline in a timely manner. Sefton and the prospective purchaser have also promptly arranged for cleanup of the gasoline contamination at the property.

8/16/04: DEP entered into a Consent Order with a $2,300 Penalty regarding New England Gas Company of Fall River. The company's facility, located at 120 Charles Street was cited for dispensing motor vehicle fuel into a gasoline (in-ground) storage tank without a vapor balance system. In addition to the Penalty, the company will install the vapor balance system.

8/13/04: DEP executed a Consent Order with a $6,600 Penalty regarding KSA Associates, Inc. of Chicopee to address violations at the company's motor vehicle fuel dispensing facility. DEP issued a Notice of Noncompliance to the facility after a February 26, 2004 inspection found Stage II Air Quality (Vapor Recovery) violations. The May 13th follow-up inspection revealed similar and new violations at the facility. As part of the settlement agreement the Company has agreed to correct the violations. DEP agreed to suspend $5,100 if KSA remains in compliance for one year.

8/13/04: DEP executed a Consent Order with a $4,000 Penalty regarding Crisci Tool and Die, Inc. of Leominster for violating Hazardous Waste Regulations. The Company stored waste oil longer than allowed and failed to post appropriate signs in its waste-oil-accumulation area and failed to follow hazardous waste manifest requirements.

8/13/04: DEP executed a Consent Order with a $25,000 Penalty regarding Feldman Construction Company of Rockport. Feldman the operator of a contaminated site in Rockport at 3 Sandy Bay Terrace was cited for being out of compliance with cleanup requirements. The Order addresses five years of noncompliance, in which Phase II, III, IV and RAO deadlines have been missed

8/12/04: DEP entered into a Consent Order with a $25,000 Penalty regarding G-D Acquisition, LLC, of Newburyport. The owners obtained from DEP on 3/29/01 a superseding order of conditions for work in/around the resource area at16 Henry Graf Jr. Road in Newburyport. The company exceeded the order in scope and timeframe. In addition to the Penalty, the owners agree to take immediate steps to bring the construction site into compliance and restore the impacted area.

8/6/04: DEP executed an amended Consent Order with the Monson Water & Sewer Department of Monson. The Order extends timeframes for completing the Bunyan Road replacement well.

8/6/04: DEP issued a cease-and-desist Unilateral Administrative Order to Raymond A. Palmer, Jr., of Atlantic Avenue in Westport. DEP issued the Order for allowing unauthorized vehicle passage and parking. The activities occurred within the habitat of a rare species (piping plover), destroyed dune vegetation and destabilized coastal dune.

8/6/04: DEP executed a Consent Order with a $56,250 Penalty involving Charlotte Bakken of New Ipswich, New Hampshire for violating Air Pollution Control (Asbestos) Regulations at a rental property she owns in Fitchburg. During the inspection, DEP personnel found unmarked household trash bags of dry, friable asbestos pipe insulation in the basement of the property and observed pieces of the asbestos insulation uncontained on the floor. The asbestos waste was generated from an improper asbestos removal conducted by an unlicensed tenant of the building. DEP agreed to suspend all but $1,000 of the Penalty based on Bakken's financial circumstances and provided she does not violate any of the citations in the Consent Order within one year.

8/6/04: DEP executed a Consent Order with a $15,562 Penalty involving Mitchell Excavating, Inc. for Air Quality (Asbestos) violations. DEP observed, during the demolition of the old Gardner Freight House in Gardner, that dry, friable, uncontained asbestos insulation and asbestos-containing thermal paper was mixed throughout the debris. The company conducted the demolition activity and handled the asbestos-containing fire debris without notifying the DEP or ensuring that the asbestos-containing waste materials were properly handled, packaged, labeled and stored as required by the regulations. DEP agreed to suspend $6,562 of the Penalty provided the company (which is based in Shelburne, MA) does not violate any terms of the Order within one year.

8/5/04: DEP issued a Unilateral Administrative Order (UAO) to Robert and Barbara Crawford for alterations of a wetland and intermittent stream on their property in Oakham. The UAO requires the Crawfords to cease from further activities that affect wetland resources. DEP noted a future Enforcement Conference to discuss penalties and remedies.

8/3/04: DEP entered into a Consent Order with Boxford Police Department. As a public water supplier, the Boxford Police Department failed to address elevated levels of arsenic. Under the terms of the Order, a water treatment study will be submitted to the DEP with plans & specifications for full-scale treatment no later than 12/1/04.

8/3/04: DEP executed a Consent Order with Attleboro Ice and Oil Co., Inc. for waste-site cleanup violations related to an Activity and Use Limitation (AUL) at 72 Pleasant Street in Attleboro. The Order requires the company to conduct additional assessment relative to the clean-up and closing-out of this site. The company also agreed to conduct a Supplemental Environmental Project (SEP) to develop a company-wide response plan for emergencies and releases that affect or potentially affect the environment, as well as training company employees on the plan.

8/3/04: DEP entered into a Consent Order with a $7,700 Penalty regarding Walter A. Furman Co., Inc. of Fall River for violating air pollution control and hazardous waste regulations. The violations included acting as an illegal storage facility, improper labeling, inadequate aisle spacing in the hazardous waste accumulation areas and improper record keeping.

8/3/04: DEP executed a Consent Order with a $6,200 Penalty involving Chiller Components, Inc. of Sutton for violating Hazardous Waste Regulations. The company accumulated waste oil in excess of the time limit allowed; failed to properly complete and maintain records; and, failed to comply with other hazardous waste regulations. DEP agreed to suspend $3,780 of the penalty pending completion by the company of a Supplemental Environmental Project (SEP). The SEP calls for the company to provide Advanced Driver Training for Sutton's Police, Fire, EMS, and DPW workers, all of whom are first responders to hazardous material/waste incidents.

8/3/04: DEP issued a Unilateral Administrative Order regarding New Street Landfill, City of Cambridge. DEP issued the Order to the city of Cambridge for exceedence of lower explosive limit (LEL) in landfill gas monitoring on the western edge of New Street Landfill. The Order requires immediate steps to abate the condition including assessment and submittal of a scope of work.

8/2/04: DEP entered into a Consent Order with the town of Merrimac for exceeding its permitted water withdrawal rates by more than 100,000 gallons per day during 1998, 1999 and 2003. The town agreed to reduce unaccounted for water (currently 21%) to 15% or less; complete a leak detection survey, and make the necessary repairs; and, submit and implement a plan to accurately meter residential users. The town will also document its demand projections in order to receive its water withdrawal permit for 2005 forward, and provide information on water conservation and water bans to residents.

8/2/04: DEP entered into a Consent Order with a $50,000 Penalty regarding wetlands violations at 180 Southern Avenue in Essex. John Filias purchased this property from Thomas and Ruth McClain in 2003, and an inspection by DEP in 2004 found that the current and former owners had altered (.4) acres of Bordering Vegetated Wetlands along with 90 feet of intermittent stream without approval. The McClains and Filias have agreed to characterize the fill material used for proper disposal and restore/replicate the resource areas. DEP agreed to suspend $25,000 of the Penalty if all terms of the Order are met.

7/30/04: DEP entered into a Consent Order with a $6,000 Penalty regarding Fitchburg Gas & Electric Light Company of Fitchburg for violating Hazardous Waste Regulations. The company acted out of their registered hazardous waste status and failed to properly label a waste oil accumulation tank. DEP agreed to suspend $4,500 of the penalty pending completion by the company of a Supplemental Environmental Project (SEP). The SEP calls for the company to give the Fitchburg Fire Department $4,500 to be used toward the purchase of a one hour, high-pressure self-contained breathing apparatus for use in hazardous material/waste response.

7/28/04: DEP issued a demand for $15,000 in stipulated penalties to the City of Lawrence for failing to perform work and meet deadlines established in a 1999 Consent Order with DEP. In addition, the city failed to operate and maintain the immediate treatment plant improvements made with financial assistance from the State Revolving Fund.

7/28/04: DEP executed a Consent Order with a $5,750 Penalty involving Cianbro Corp. for violations at a construction site on the South End Bridge in Agawam. Cianbro (based in Pittsfield, Maine) failed to notify DEP within two hours of a release at a construction site on the South End Bridge in Agawam. Cianbro is the primary contractor for the project over the Connecticut River, located on Route 5. DEP received notification on 4/6/04, at 7:20 AM of a release of hydraulic fluid. While Cianbro personnel took immediate action to contain the release and abate any impact, DEP discovered the release had occurred at 12:32 AM. DEP agreed to suspend $2,000 of the Penalty if Cianbro provided documentation of prevention and response measures for oil and hazardous waste spills, including personnel training.

7/28/04: DEP entered into a Consent Order with a $9,200 Penalty involving Gas Recovery Systems, LLC, 234 Thatcher Street of East Bridgewater. The company was not registered as a generator of hazardous waste; was acting as an illegal storage facility; was improperly labeling fifty-five gallon satellite containers of oily solids in the engine area; and, did not label two waste oil tanks within the accumulation areas. In addition the company failed to submit a timely application for a change in business name, division name, or facility name as required under its Operating Permit.

7/28/04: DEP issued a $30,000 Penalty Assessment Notice to Moccio Equipment Corp., of Agawam for failure to complete response actions involving the cleanup of fuel oil. A release of fuel oil at the company�s facility in Agawam, originated from an underground storage tank failure, and resulted in the discharge of fuel oil to a nearby brook in April 1996. Response actions were initiated by Moccio, including removal of the tank and removal of contaminated soil, however completion of the cleanup has not been done despite issuance of a previous penalty and a Unilateral Administrative Order by the DEP in January 2003.

7/28/04: DEP entered into a Consent Order with Gene Sebastino Sr. & Jr. and Mark Lavariere, all of North Adams. The operators of this auto repair facility located at 708 State Road agreed to complete response actions associated with an oil release at the site. The site is located in a potentially productive aquifer, the Zone II of a public water supply well and a residential area. The Order includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

7/27/04: DEP executed a Consent Order with a $9,000 Penalty involving asbestos removal violations at a Pittsfield residence. Larry Galloway, a resident of Pleasant Ridge, Michigan, has agreed to complete the cleanup of the property. A DEP inspection of property on Pine Grove Drive reveal