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December

12/30/05: MassDEP entered into a Consent Order with a $7,500 Penalty involving Ould Newbury Golf Club in Newbury for Wetlands violations.  The Club is a non-profit corporation leasing property for a golf course from the Governor Dummer Academy. Through the Wetland Change Project analysis aerial photographs, MassDEP identified that approximately 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled on the site.  The site was altered without any permits. DEP agreed to suspend $2,500 pending compliance including the restoration and replication of a total of 19,767 square feet of BVW in five different areas of the golf course

12/30/05: MassDEP entered into a Consent Order with Martin Service Station, Inc.of Dartmouth.  Martin's had an oil release discovered in January 1999. The owner then conducted a preliminary response action in January of 2000 but subsequently failed to meet other deadlines.  In June 2005, MassDEP issued the owner a Notice of Noncompliance.  Today Order negotiates deadlines for the cleanup and includes stipulated penalties of $1,000 per day for failing to comply.

12/30/05: MassDEP entered into a Consent Order with a $7,350 Penalty involving Franklin Analytical Services, Inc. located at 191 Bedford Street in New Bedford for Air Quality (Asbestos) violations.  The company failed to submit written notification to MassDEP for the removal of asbestos containing floor tiles and for committing three asbestos abatement work practice violations during the removal of thermal system insulation in the basement boiler room of the building.  The work practice violations included, failure to ensure adequate wetness, failure to seal the work area and failure to use air-cleaning equipment.  The company will pay $3,675 of the Penalty and perform a Supplemental Environmental Project (SEP), also worth $3,675 in lieu of paying the Commonwealth.

12/30/05: MassDEP issued a $7,690 Penalty Assessment Notice to Vendetti Motors Bus Division of Bellingham for Industrial Wastewater and Hazardous Waste violations.  This unilateral action was issued after efforts to reach a negotiated settlement failed.  In addition, MassDEP issued a Unilateral Administrative Order, which mandates the actions to be taken to bring the company into compliance.

12/29/05: MassDEP entered into a Consent Order with Aeroclean Demolition Contractors, Inc. of Trumbull, Connecticut for Air Quality (Asbestos) violations at the Commonwealth former Rutland Heights Hospital property in Rutland. The contractor conducted activities beyond the expiration date of its contract.

12/29/05: MassDEP/Environmental Strike Force (ESF) entered into a Consent Order with a $20,000 Penalty involving Helena Gardiner, owner of a site in Randolph to resolve allegations of Solid Waste, Wetlands, and Waste Site Cleanup violations.  ESF investigated the site after receiving a complaint from the town of Randolph. MassDEP agreed to suspend $10,000 of the Penalty provided all terms of the Order are met including solid and hazardous waste removal and remediation, along with a comprehensive wetlands delineation.

12/29/05: MassDEP entered into a Consent Order with a $15,000 Penalty involving Keyspan Energy in Gloucester for Air Quality (Asbestos) violations at its Gloucester facility.   

12/29/05: MassDEP entered into a Consent Order with Foxborough Land Partners, LLC for Waste Site Cleanup violations.  The Order addresses past cleanup actions conducted by MassDEP, and the federal EPA at this contaminated site on Cocasset Street in Foxborough.  The prospective purchaser is proposing to build a residential development on this 100-acre site.  When the sale is finalized the respondent has agreed to complete the cleanup and pay $43,701.44 in past costs.

12/29/05: MassDEP entered into a Consent Order with Huntington Water Department of Huntington, a community public water system supplier regarding the presence of coliform bacteria in its distribution system.  The town agreed to bring the system back into compliance.

12/28/05: MassDEP entered into a Consent Order with a $15,000 Penalty regarding LD Builders, LLC, of Dalton, to address Solid Waste and Water Supply violations during the development of property on Pine Cone Lane in Hinsdale.  DEP discovered the violations during construction of the residential property known locally as Ashmere Landings.  Wood waste and other construction waste had been buried on the property.  A public water supply to a community building was also established without approval. In addition to paying a $15,000 penalty, LD Builders severed the water supply, and is required to excavate the solid wastes and appropriately dispose of them.   

12/28/05: MassDEP entered into a Consent Order with a $6,240 Penalty involving the Erving Paper Co. of Erving for Air Quality, Hazardous Waste, and Toxics Use Reduction violations.  During a MassDEP inspection on site (3/3/05) and the company submittals, violation were found for burning waste oil with an expired permit, failure to submit air reports, and submission of incomplete Toxic Use Reduction reports.  In addition to paying a $4,000 penalty, the company has agreed to correct the violations and to remain in compliance.  MassDEP agreed to suspend $2,240 of the Penalty provided all terms of the Order are met.

12/28/05: MassDEP entered into a Consent Order with a $5,460 Penalty regarding the John Dewey Academy of Great Barrington for Air Quality violations. The Academy conducted a large bonfire, which included some inappropriate material, without an approval of the Fire Department.  MassDEP agreed to suspend  $4,460 of the Penalty provided all terms of the Order are met.  

12/28/05: MassDEP entered into a Consent Order with a $2,675 Penalty regarding Debra and Thomas Locke, residents of Middleborough, for Air Quality (Asbestos) violations. The Lockes failed to notify MassDEP in writing at least ten working days before the removal of asbestos containing material (asphalt roofing) and used work practices that were not in compliance with the guidance document that is available to any homeowner and/or contractor.

12/28/05: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Monro Muffler Brake Inc. of Auburn for Hazardous Waste and Industrial Wastewater violations.   The company exceeded its registered Waste Oil status, failed to properly manage its waste oil, and discharged industrial wastewater without a valid sewer connection permit.  The company has instituted management practices to help ensure compliance with environmental regulations at all its Massachusetts locations.

12/28/05: MassDEP entered into a Consent Order with the Town of Ipswich relative to the release on 11/10/05 release of approximately 113,000 gallons of water with an elevated pH, or alkalinity.  On that day, water with a pH level of 12 was pumped into the water distribution system.  Some residents notified the town received of a strange taste and slippery feel to the water coming from their tap. Town reported that potassium hydroxide has apparently been siphoned into the water treatment plant clearwell when the plant was not in service during the night, and this potassium hydroxide had caused the elevated pH. Due to potential public health concerns, MassDEP issued a Do Not Use order on 11/10/05, which was lifted on 11/11/05

12/27/05: MassDEP entered into a Consent Order with a $7,000 Penalty regarding United States Gypsum Co. (USG) of Chelsea for Air Quality violations.  USG, located at 200 Terminal Street in Chelsea was found to be in violation of its permit by failing to maintain daily monitoring records for the facility's baghouse particulate control devices for the period from 1/1/05 to 6/30/05.  In addition to the Penalty, USG agreed to comply with all monitoring and record keeping requirements.

12/27/05: MassDEP issued a $156,600 Penalty Assessment Notice to National Cleaning Asbestos Abatement Co. for numerous Air Quality (Asbestos) violations.  The company, which is a Massachusetts licensed asbestos abatement company, was cited for failure to notify of asbestos abatement work at seventeen (17) sites across the state. 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.

12/27/05: MassDEP issued a $35,625 Penalty Assessment Notice to Demis Plumbing of Lowell for Air Quality (Asbestos) violations.  The company was cited for improper removal and handling of asbestos-containing material at 261 Stackpole Street in Lowell.   MassDEP observed the violations when responding to a complaint.

12/27/05: MassDEP entered into a Consent Order with a $7,500 Penalty involving Kristie Wrecking, Inc., of Fall River for Asbestos (Air Quality) violations. The company, located at 191 Bedford Street, failed to notify the MassDEP in writing at least ten working days before conducting demolition of a commercial building that contained friable asbestos material.  MassDEP agreed to suspend $1,750 of the Penalty provided all terms of the Order are met.  

12/27/05: MassDEP entered into a Consent Order with a $2,880 Penalty for Air Quality violations at Certainteed (d/b/a Bird, Inc.) of Norwood.  Responding to a nearby resident odor complaint, an inspection of Bird facility determined the company would need to modify its Restricted Emission Status permit, which they have agreed to do, in addition to the Penalty.

12/27/05: MassDEP entered into a Consent Order with a $7,000 Penalty regarding the Atlas Tack Corporation, located at 83 Pleasant Street in Fairhaven. Atlas is the owner of the site where a hazardous materials release has contaminated the site since 1985.  For the past several years the federal U.S. EPA has been conducting response actions to address metals, PCBs and pesticide contamination in soil and groundwater.  In September 2002, EPA informed MassDEP that an oil release had also been identified on the property.  By August of 2004, MassDEP informed Atlas it had failed to comply with cleanup requirements for the oil spill, and a Notice of Noncompliance was issued.  The owners did not comply with the NON, and today Order establishes timelines for the completion of the oil cleanup. 

12/22/05: MassDEP issued a Unilateral Administrative Order to LeBaron Residential LLC of Lakeville for Wetlands violations.  LeBaron is a development company constructing residential units.  LeBaron was found to be discharging siltation to a Bordering Vegetated Wetland at various locations throughout the site caused by the lack of maintenance of erosion control barriers. Today Order requires LeBaron to immediately cease and desist from the unauthorized activity and to restore and maintain all erosion control barriers at the site in accordance with its permit (i.e. the Order of Conditions).

12/22/05: MassDEP entered into a Consent Order with an $8,000 Penalty involving Northborough/Southborough Regional School District for Wetlands violations. The District allowed erosion and sedimentation to a stream and wetland system adjacent to the school expansion project. Today Order also requires the removal of sediment from the stream and wetlands and requires all restoration to be complete by 6/2/06. The site has now been stabilized since the initial violation.

12/22/05: MassDEP entered into a Consent Order with a $10,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at One Franey Road in Somerville.  The city failed to complete cleanup response actions within the deadlines established on 3/24/05.   Previously, MassDEP had issued a Notice of Noncompliance related to the site.  Under today Order, new deadlines have been established, and MassDEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.

12/22/05: MassDEP entered into a Consent Order with a $10,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at 220 Washington Street in Somerville.  The city failed to complete cleanup response actions within the deadlines established on 3/24/05.   Previously, MassDEP had issued a Notice of Noncompliance related to the site.  Under today Order, new deadlines have been established, and MassDEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.

12/22/05: MassDEP issued a $304,320 Penalty Assessment Notice and Unilateral Administrative Order to Removal Specialists relative to Hazardous Waste and Air Quality (Asbestos) violations at the company Revere location.  An inspection of that location determined that the company, which is a tank removal-and-demolition company based in Lynn, was storing more than 50 bags of asbestos waste that had been illegally removed and stored. 

12/21/05: MassDEP entered into a Consent Order regarding Brimfield Elementary School in Brimfield for Water Supply violations. The Elementary Schools is part of the Tantasqua Regional/School Union 61 School District.  MassDEP inspection revealed that the underground injection well located at the Brimfield Elementary School, which operates as a public water system is not in compliance.  The School District has agreed to bring the facility into compliance.

12/20/05: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Jeffrey Gladu of Chicopee for Air Quality (Asbestos) violations.  Gladu, a licensed plumber who improperly removed and disposed of asbestos insulation from the basement of a two-family residence in Springfield.  Gladu was performing a boiler replacement as a side job. The building tenants videotaped the job, and contacted MassDEP, which traced the truck to Gladu.  MassDEP agreed to suspend $7,000 of the Penalty provided all terms of the Order are met.  The property owner previously agreed to pay a penalty of $2,000 and was required to retain a licensed asbestos contractor to properly remediate the basement.

12/20/05: MassDEP executed a Consent Order with a $16,000 Penalty regarding J.P. Routhier & Sons, Inc for Wetlands violations in Ayer.  The company allowed erosion and sedimentation into a wetlands resource areas from its tire recycling facility in Ayer.  Today Order requires comprehensive storm-water controls to be constructed, with full restoration of the impacted wetland.  MassDEP has agreed to allow the company to fund a Supplemental Environmental Project with $12,000 of the Penalty. The project proposes Bacteria Source Tracking and Water Quality Monitoring including obtaining analytical equipment for the Nashua River Watershed Association. 

12/20/05: MassDEP entered into a Consent Order with an $860 Penalty involving Prism Developers, Inc. of Clinton. The company improperly handled construction & demolition material at a demolition project at 132-140 Brooks Street in Clinton.  The company failed to notify MassDEP of the demolition of the former Parker Molding industrial facility in violation of the state regulations. 

12/20/05: MassDEP entered into a Consent Order with an $850 Penalty involving Ricciardi Bros., Inc. of Worcester.  The company improperly handled construction and demolition material at an interior demolition project at 146 Main Street in Worcester. The Company failed to notify the Department of the demolition work.

12/20/05: MassDEP entered into a Consent Order with a $5,575 Penalty for Air Quality violations involving Tubed Products of Easthampton. As a follow-up to a May 2005 inspection, Tubed Products submitted facility emission data for calendar year 2004. Examination of the data showed that emissions from two of its printers exceeded the limit.  The company will now submit a Comprehensive Plan Approval that will incorporate all the plant emission equipment.  MassDEP agreed to suspend $4,575 if all terms of the Order are met.

12/20/05: MassDEP entered into a Consent Order with a $2,500 Penalty involving Crystal Lakes Village Inc. in Palmer for Wetlands violations.  The company failed to comply with various conditions set forth in MassDEP Superseding Order of Conditions, and failed to comply with a subsequent Notice of Noncompliance related to the construction of this residential development.  In addition to the Penalty, the company has now agreed to bring the site back into full compliance.

12/19/05: MassDEP entered into a Consent Order with Berkshire Botanical Garden of Stockbridge for Water Supply violations. The Garden operated as an unregistered public water system and has agreed to implement compliance activities until the facility can be connected to a registered community system. MassDEP coordinated with the Stockbridge Public Water Supply during inspections and in order to prepare the Garden schedule for connection.

12/16/05: MassDEP entered into a Consent Order with a $67,8200 Penalty involving Glyptal, Inc. of Chelsea for Waste Site Cleanup violations.   305 Eastern Avenue, Chelsea for continued violations of M.G.L c 21C.  Within 180 days of the effective date of the Consent Order $3,500 is due with the balance of $64,320 payable with 30 days of a DEP Demand Notice as a result of non-compliance with the ACO.   

12/15/05: MassDEP executed a Consent Order with a $27,877.50 Penalty regarding the Flo Chemical Corp. of Ashburnham for Air Quality, Hazardous Waste and Industrial Wastewater violations.  The company failed to comply with its (air) emission permit, failed to properly manage its waste oil, and failed to operate in compliance with its surface water discharge (NPDES) permit. MassDEP agreed to suspend $25,377.50 of the Penalty after a review of financial information provided by the company indicates the existence of financial hardship conditions.

12/15/05:  MassDEP entered into a Consent Order with a $5,500 Penalty regarding Benjamin Builders Realty Trust for Wetlands violations in Fitchburg.  The developer failed to control erosion and sedimentation to a pond and wetland near its subdivision project in Fitchburg.  The Consent Order acknowledges that Comprehensive Erosion Control and full Wetland Restoration have already been implemented at the site.

12/12/20: MassDEP entered into a Consent Order with a $2,500 Penalty regarding Robert E. Powers Realty Trust for Waste Site Cleanup violations at 145 Stoughton St. in Dorchester. Today Order was signed in settlement of an administrative appeal of a Demand for Suspended Penalties issued by MassDEP for the Trust's failure to meet the terms of an earlier Settlement Agreement, which the Trust had entered to resolve its noncompliance with cleanup deadlines. In September 2005, while settlement negotiations were proceeding, the Trust submitted final cleanup documents regarding the site.

12/9/05: MassDEP entered into a Consent Order involving Trigen-Boston Energy Corp. for Air Quality violations at its Kneeland Street Station in Boston.  Trigen will undertake steps to mitigate opacity (or visible) emissions from the facility (hardware and combustion modifications, new burner cleaning procedures, alternate soot-blowing).  Today Order also includes a mandated employee-training program with annual refresher course to incorporate new operating procedures that will be implemented to mitigate visible emissions.

12/8/05: MassDEP entered into a Consent Order involving 395 Lynnway, LLC, of Lynn for Waste Site Cleanup violations.  The company failed to achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 5/3/2005.  New deadlines were set in the ACO to return to compliance with the submittal of an RAO by 11/1/2006.  In addition, the company agreed to pay  $1,000/day stipulated penalties in the event of non- compliance with the Order.

12/8/05: MassDEP entered into a Consent Order with a $33,000 Penalty involving Jerome Sousa, Jr., for Waste Site Cleanup violations.  Sousa failed to submit cleanup reports on his property at 475 Boston Post Road in Sudbury.  Specifically, Sousa failed to meet the deadlines that had been established in a Notice of Noncompliance on 1/10/03.   Sousa agreed to new deadlines to return to compliance by 12/1/2006.  MassDEP agreed to suspend $23,000 of the Penalty provided all terms of the Order are met.

12/8/05: MassDEP entered into a Consent Order with a $32,000 Penalty involving Jerome Sousa, Jr., for Waste Site Cleanup violations.  Sousa failed to submit cleanup reports on his property at 870 Western Avenue in Lynn.   Specifically, Sousa failed to meet the deadlines that had been established in a Notice of Noncompliance on 7/30/04.   Sousa agreed to new deadlines to return to compliance by 12/23/2005.  MassDEP agreed to suspend $22,000 of the Penalty provided all terms of the Order are met.

12/8/05: MassDEP entered into a Consent Order involving Jerome Sousa, Jr., for Waste Site Cleanup violations at 174 Main Street in Peabody. Sousa has failed to submit cleanup reports on this property, and has agreed to deadlines to return to compliance by 12/15/2005 or pay $1,000/day stipulated penalties.

12/7/05: MassDEP entered into a Consent Order with Zacmegeth, LLC, of  Attleboro for Waste Site Cleanup violations.  In 1994, a release of heating oil to the environment occurred at 16 County Street was detected during an underground storage tank.  The company was issued a Notice of Noncompliance (NON) in July 2005 for failing to complete response actions.  Under today Order, the company agreed to complete the cleanup; MassDEP has agreed to the deadlines in exchange for stipulated penalties if the company fails to meet them

12/07/05: MassDEP entered into a Consent Order with a $3,000 Penalty involving Topsfield Water Department for Water Supply violations. Topsfield failed to conduct annual lead and copper monitoring of the distribution system, and was issued a Notice of Noncompliance (NON) on 4/8/2005.  Terms of that NON were not met, specifically, a failure to provide Public Notification, informing customers on this violation, within the deadlines established. The town Water Department has now agreed to submit a Lead and Copper sampling plan that will collect Lead and Copper tap samples and provide Public Notification.  MassDEP agreed to suspend $2,000 of the Penalty provided all terms of the Order are met.  

12/7/05: MassDEP entered into a Consent Order with a $1,000 Penalty for Waste involving Valentin Auto Sales of Dorchester for Waste Site Cleanup violations. The company, located at 98-106 Quincy Street in Dorchester, failed to notify MassDEP within 120 days of the discovery of a release of oil at the site, as required under law.  In addition to the Penalty, the company has agreed to comply with cleanup regulations.

12/6/05: MassDEP entered into a Consent Order with a $5,160 Penalty with Heritage Transport, LLC, for Hazardous Waste violations at numerous Lowe Home Improvement facilities throughout the state.  Heritage, which is based in Indianapolis, Indiana, agreed to address the hazardous waste transport violations that MassDEP discovered during a review of shipping manifests.  Heritage accepted and transported hazardous wastes from those facilities by using non-hazardous waste manifests.  In addition to the Penalty, Heritage has agreed to take corrective actions, conduct an audit of its activities in the Commonwealth in order to identify other manifesting noncompliance, make the appropriate reports, and pay any associated transporter fees.

12/5/05: MassDEP issued a $30,285 Penalty Assessment Notice to Chemical Sales & Service Co. of Worcester for Hazardous Waste violations.  MassDEP Strike Force determined that the company was storing hazardous materials in excess and for longer time periods than its permit allowed.  The company stores and distributes a wide variety of industrial chemicals from its Worcester location, but was cited during the inspection for: failing to characterize & label its hazardous wastes; for storing incompatible hazardous wastes in close proximity to each other; for not securing hazardous wastes stored outside; for not having a contingency plan for spills or emergencies; and, for discharging industrial waste water and spilled chemicals to the ground at its outdoor bleach filling operation. Remedial cleanup required by the Department resulted in more than 5,667 gallons (22.6 tons) of hazardous waste being properly remediated at the site. 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.

12/5/05: MassDEP and the Strike Force entered into a Consent Order with an $8,800 Penalty regarding Dr. Christopher D. Southgate of Sudbury, Mass. Southgate was responsible for the illegal disposal of significant quantities of medical waste.  In September 05, thirty-eight (38) boxes, each containing between sixty (60) to eighty (80) tubes of biological waste, were unlawfully dumped in the white goods section of the Needham Transfer Station, inside an old freezer.  MassDEP and the Strike Force responded to a request for assistance from the Town of Needham and located Dr. Southgate through evidence left in the freezer.  Southgate has agreed to pay an $8,800.00 penalty to the Department, and to reimburse the town for all expenses incurred to dispose of the property.  

12/2/05: MassDEP entered into a Consent Order with a $5,000 Penalty involving R & F Furniture and Refinishing Inc. of Shirley for Air Quality and Hazardous Waste violations. During an inspection (prompted by a complaint), MassDEP determined the company was disposing of paint waste in a dumpster and potentially emitting over 3 tons of volatile organic compounds (an air pollutant) without approval.  In addition, the company failed to comply with other Hazardous Waste management requirements.  MassDEP agreed to suspend the entire Penalty based on a review of financial information provided by the company, which indicates the existence of financial hardship.

12/2/05: MassDEP executed a Consent Order with Montessori Center, Inc. of Auburn for Water Supply violations.  The Center had been operating an unregistered public water supply at its facility. The Order requires the facility to come into compliance with drinking water regulations and policies.

12/2/05: MassDEP issued a $13,050 Penalty Assessment Notice regarding A-Quality Removal Inc. of New Hampshire for Air Quality (Asbestos) violations.  The company, a licensed asbestos removal contractor, was cited for failing to notify for an asbestos-removal project at 74 Columbia Road in Arlington. 

12/1/05: MassDEP issued a Unilateral Administrative Order to Cashman/Balfour Beatty (CBB) regarding the Greenbush Project in Weymouth and Braintree.   CBB was cited for Wetlands violations.  The violations resulted in discharge to the wetlands and the resource waters of the Commonwealth, including sediment accumulation in a bordering vegetated wetland, vernal pool and salt marsh.  Today Order requires the immediate cease and desist of discharges, removal of accumulated sediment deposits and sets deadlines for corrections to the aforementioned violations.

12/1/05: MassDEP entered into a Consent Order involving Eagle Gas Station located at 131 Main Street in Carver. Today Order involves the former owner of the gas station negotiated because the former owner previous MCP submittals were not in compliance with the MCP.  The ACO required the owner to further investigate the extent of contamination and reevaluate the Response Action Outcome.

12/1/05: MassDEP entered into a Consent Order with a $3,000 Penalty involving Heritage Construction Company, Inc. for Wetlands violations at 5 South Bullfinch Street in North Attleborough.  The company cleared and graded an area adjacent to Falls Pond in violation of its existing Order of Conditions.  Prior to this, the North Attleborough Conservation Commission and MassDEP had cited the contractor for working at the site without a valid Order of Conditions.  Heritage has now agreed to stabilize the disturbed areas, and will seek approval for the work it has already conducted and refrain from conducting any future unauthorized activities at the site.  If Heritage is unable to obtain a valid final order approving the completed work, then Heritage must submit a restoration plan.

November

11/30/05: MassDEP issued a Demand for Payment for an ACOP for Modern Continental Construction Company which was originally issued to complete the cleanup of the Everett yard at 22 Horizon Way, off Route 99, in Everett. Modern Continental failed to submit the required inventory schedules and documentation to demonstrate cleanup of this yard.

11/30/05: MassDEP entered into a Consent Order with Yoplait Columbo to resolve certain violations of MassDEP's Industrial Wastewater regulations as a result of two unpermitted discharges of industrial wastewater to surface water that occurred during delivery of raw material (liquid sugar) to the facility. The discharges occurred due to human error. The Consent Order calls for the construction of a concrete enclosure designed to capture future accidental releases of raw material from truck and facility valves or hoses. Yoplait Columbo made immediate infrastructure improvements to prevent discharges to the environment through its piping network.

11/29/05: MassDEP entered into an ACO with Ms. Joan Boilbeaux, who owns property at 43 State Road, Great Barrington. This property became a site in 1993 as a result of leaking gasoline USTs. MassDEP had issued an NON in March 2005 for failure to submit a Tier II Extension Request, Phase II, III, IV Reports or an RAO in a timely manner. In response to the NON, the attorney for Boilbeaux requested an extension of time to submit the Tier II Extension Request, which was granted. While the Tier II Extension Request was submitted and approved, none of the other documents have been submitted. The ACO establishes a deadline of December 20, 2005 for submission of the Phase II and Phase III reports, or an RAO, and February 20, 2006 for the submission of the Phase IV or RAO. The ACO includes stipulated penalties should the ACO be violated.

11/29/05: MassDEP issued a UAO to the Wachusett Regional School District in Holden to address significant erosion problems affecting Tannery Brook associated with the Regional High School Construction project.  This site has been the subject of enforcement by MassDEP before for erosion issues elsewhere on the site. The current problem was brought to MassDEP attention by DCR. DCR is very concerned about the ongoing impacts to the Wachusett Watershed.

11/29/05: MassDEP entered into an ACOP with Mother Brook LLC, of Massachusetts, owner of One Westinghouse Plaza in Hyde Park, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 6/8/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 7/1/2007. Mother Brook LLC agreed to pay a $12,000 administrative penalty, with an additional penalty of $20,000 suspended, pending compliance with the ACOP. The site is being redeveloped for residential use. 

11/29/05: MassDEP issued a Demand Letter for payment of stipulated penalties in the amount of $30,000 for Modern Continental Construction Co, (MCC) for violating an 8/8/2005 ACOP between MCC and the DEP for violations of the solid waste management regulations. The ACOP specified the actions MCC must manage and remove solid waste, including Asbestos Containing Material, stored at its Everett Yard which is in non-compliance with the Solid Waste and Air Quality regulations and the MCP. MCC has failed to submit the reports required by the ACOP documenting the type and quantity of solid waste stored at the site and its removal in accordance with the provisions of the Order.

11/28/05: MassDEP has executed an ACOP, including an assessed penalty of $1000, with the Town of Southborough Department of Public Works for its failure to complete the required assessment and cleanup of contaminated groundwater at its DPW facility at 147 Cordaville Road. MassDEP issued a Notice of Noncompliance requiring the cleanup by April 13, 2005 and the Town failed to meet this deadline. In the order, the Town has agreed to complete the cleanup by July 1, 2006.

11/28/05: MassDEP concluded an agreement with the Brookside Village PWS in Wales, which is small community public water system, to address the follow-up to a drinking water emergency. The system lacked sufficient water from its source and brought in bulk water.  Appropriate bulk delivery practices and development of a new source are addressed in the ACO.

11/23/05: MassDEP entered into a Administrative Consent Order with NWG Automotive Repairs, Inc. of Medway, with a $15,000 penalty for failing to respond to a Notice of Noncompliance. The company failed to meet their Response Action Deadlines set forth in the MCP.

11/23/05: MassDEP executed an ACOP with the Aulson Company, Inc. of Methuen, an asbestos contractor licensed by the Massachusetts Division of Occupational Safety, for violating Air Pollution Control (Asbestos) Regulations at sites they were working at in Worcester and Westborough. During routine inspections it was determined that the company failed to seal work areas while removing asbestos containing material from facility components, failed to ensure that asbestos containing waste material remained wet until sealed into leak tight containers for disposal, and failed to seal asbestos containing waste in a leak tight container. In the ACOP the company agreed to pay a $3,500 penalty.

11/23/05: Laidlaw Transit, Inc., a Delaware corporation that owns and operates school buses throughout Massachusetts, entered into an ACOP with MassDEP and has been penalized $2,000 for violating Air Quality Control regulations. The penalty was assessed after MassDEP personnel observed school buses idling excessively at the Shepard Hill Regional High School in Dudley.

11/23/05: The Johnson Fence Company in Rutland entered into an ACOP with MassDEP for violations of Solid Waste Management regulations. The Company was assessed a $2,000 penalty and ordered to remove the solid waste that had been dumped on the property located in that Town. The solid waste consisted of used wooden and metal fencing material.

11/23/05: The Massachusetts Department of State Police entered into a Consent Order with MassDEP to address work not completed and missed deadlines relative to a release of gasoline at its Northampton site that dates back to 1992. The Consent Order provides that within 30 days of its execution, the State Police are to submit a plan outlining steps to be taken to determine the source and migration pathway for contamination in a stream, perform a more complete assessment of a storm drain, including quarterly sampling/analysis of stream; within 120 days, submit revised Phase II Report with a revised Risk Assessment, including a Stage II Environmental Risk Characterization if required, and revised Phase III RAP since conditions have changed; within 180 days, submit a Phase IV RIP. The Consent Order includes stipulated penalties at $1,000 per day per violation.

11/23/05: MassDEP entered into an administrative consent order with the City of Chicopee for failing to immediately notify MassDEP of a release of 50 gallons of ferric chloride that occurred at the Chicopee Water Pollution Control facility on June 13, 2005. Although Chicopee personnel took immediate steps to clean up the release, MassDEP was not notified of the release until the following morning, June 14 at 10:00 AM. The consent order assesses a penalty of $8,630, $7,630 of which is suspended provided the City implements an Environmental Management System. The City has agreed to review and enhance its environmental compliance and workplace safety systems, provide routine training to employees on response to hazardous spills and other types of emergencies, and take additional steps to insure the City compliance with environmental regulations for its water pollution control operations, including the water pollution control facility on Medina Street and twenty sewage pump stations located throughout the City.

11/22/05: Fontaine Builders, Inc. of North Attleborough received three Final Orders of Conditions approving construction of three single-family houses in the buffer zone to bordering vegetated wetland and within a portion of bordering land subject to flooding in North Attleborough. As part of the approval, Fontaine was required to install and maintain erosion control barriers, construct a compensatory flood storage area and provide wildlife habitat mitigation within the compensatory flood storage basin. Fontaine failed to properly maintain the erosion control barrier and allowed sediment to erode into a bordering vegetated wetland (BVW). Fontaine also failed to provide the wildlife habitat mitigation within the compensatory flood storage area. DEP and Fontaine entered into an ACOP that imposed a $3,750 penalty, which required that the altered BVW be restored, required that the erosion control barrier be properly maintained until all disturbed soils have been permanently stabilized, and required that the wildlife habitat mitigation within the compensatory storage area be completed.

11/22/05: MassDEP entered into an ACOP with Dad's Abatement LLC for violations observed at its waste storage location in Lawrence during the licensed asbestos contractor initiative. Dad's Abatement will pay $1,000 as a penalty for ripped and leaking asbestos containing waste bags that were observed in the waste storage container at the site.

11/22/05: As part of an ongoing focus on illegal solid waste disposal in urban areas, the MassDEP Environmental Strike Force entered into an ACOP with Bolt St. LLC to settle claims related to illegal disposal on Bolt property in Lowell. In addition to a $12,500 penalty ($7,500 suspended) Bolt agreed to lawfully remove and dispose of the illegally dumped solid waste and to comply in the future with applicable solid waste regulations.

11/22/05: MassDEP executed an ACOP with Uxbridge Cabinet Center, Inc. of Uxbridge for violating Air Pollution Control and Hazardous Waste Regulations.  During a routine inspection the company was found to be emitting over 5 tons of Volatile Organic Compounds without a valid plan approval and without meeting plan approval exemption criteria. In addition, the company failed to notify the DEP of its Hazardous Waste generation activity.  In the ACOP the company agreed to pay a $6,000.00 penalty.

11/21/05: An ACOP was issued to Joe Gas, Inc for failure to comply with a Notice of Noncompliance (NON) issued for the Joe Gas service station located at 33 Bedford Street in Lakeville. A $10,062.00 penalty was assessed for the violations of the Class A-2 RAO that were included in the NON. The ACOP also requires Joe Gas, Inc. to conduct additional response actions at the site to comply with the provisions of the Massachusetts Contingency Plan (MCP).

11/18/05: MassDEP issued a Notice of Noncompliance to each of the following transient public water systems for violations of the MCL for total coliform during October:  Olde Willow Motor Inn & Restaurant (Charlemont), Guilder Hills Water System (Egremont), Villa Rose Restaurant (Ludlow), Granby Town Offices, Aldrich Hall, Chateau Harmony (all of Granby), and Rudolph Steiner School (Great Barrington). These systems sampled during the period of heavy rains. DEP is continuing on its follow-up efforts with these systems.

11/17/05: MassDEP entered into an ACOP with the Holland Company of Adams, an alum manufacturer, to address solid waste, groundwater, surface water, wetland, and air pollution control violations. In addition to paying a $1,000 penalty, Holland Company has agreed to develop and implement short- and long-term plans and measures to control and prevent further stormwater discharges, conduct a detailed site investigation, including groundwater monitoring, develop and implement short- and long-term plans and measures to control and prevent spills; and properly manage residuals. The Company will also develop and implement an EMS, and contribute, as an SEP, approximately $90,000 in services and materials towards the closure of the Town of New Ashford landfill.

11/17/05; MassDEP entered into an Administrative Consent Order and Penalty with Fortier Boats, Inc. of Somerset for violations of the Massachusetts Hazardous Waste and Air Quality Regulations. A multi-media inspection revealed Fortier Boats had failed to register as a Very Small Quantity Generator (VSQG) of hazardous waste and waste oil, failed to notify DEP prior to operation of a solvent still, and had failed to properly mark the hazardous waste accumulation area. In addition, Fortier Boats was operating without a permit required for emitting greater than one ton of acetone emissions. The ACOP ensures compliance with the Hazardous Waste and Air Quality requirements. Total penalty is $1,870.

11/17/05: MassDEP entered into an ACOP with Quebecor World RPC of Taunton, for violations of the Toxic Use Reduction Act, Air Pollution Control, and Hazardous Waste Regulations. This ACOP will ensure compliance with the TURA, AQ, and HW requirements.  The multi-media inspection revealed the company failed to file the TURA reports before the July 1st 2005 deadline, failed to keep containers of volatile organic compounds closed and failed to use the correct codes on the hazardous waste manifests. The total penalty is $1,752.

11/17/05: MassDEP entered into a Consent Order with First Student, Inc. of Cincinnati, OH, to resolve certain violations of the Clean Air Act where school buses in Boston and Springfield, owned by First Student, were observed idling by MassDEP staff for more than five minutes continuously, when idling was not clearly necessary.   The Consent Order called for the payment of a $10,000.00 penalty and established a schedule for the completion of certain other actions in order to come back into compliance.

11/16/05: An ACO with Raymond Thurber of Dighton was executed on November 16, 2005 supersedes a prior Consent Order executed with Mr. Thurber in 2004 which called for the development of a farm plan, a forestry plan and a filing with the local Conservation Commission to rectify past filling of wetlands with clamshells to develop a road to an upland area for cutting trees for lumber. Thurber chose to sell his property rather than attempt to gain access across the wetlands for the purpose of cutting lumber. Therefore a new Order was agreed upon whereby the shells are to be removed from the wetland under this recent Order. As a result of the Order, Thurber will fully restore the altered Bordering Vegetated Wetlands. DEP agrees to permanently waive the civil administrative penalty of $2,000 based on financial information that was provided to the Department on the condition that Thurber complies with all the requirements of this Consent Order.

11/15/05: MassDEP entered into an Amended Consent Order with C.J. Crosstown, LLC of Boston for violations of the MCP, specifically for their failure to dispose of contaminated soil within applicable timelines and failure to complete Comprehensive Response Actions within the timelines specified in the MCP. MassDEP amended the timelines for completion of activities detailed in the original Consent Order, issued in May 2005, due to C.J Crosstown's financial difficulties. The Amended Consent Order provides a revised schedule for completion of the work, with financial penalties for noncompliance with the new timelines.

11/15/05: MassDEP executed an Administrative Consent Order with Penalty with Lavoie Ballard Landing, Inc., owner of 130 Ballard Street in Saugus, for waste site cleanup violations. Specifically, the violations were for failure to submit an Immediate Response Action (IRA) Status Report within the deadline established in a Notice of Noncompliance issued by MassDEP on June 20, 2005; and for failure to achieve a Response Action Outcome (RAO) or submit a Tier Classification within timelines specified in the MCP. New deadlines were set in the ACOP to return to compliance with the submittal of an IRA Status Report and an RAO or Tier Classification by 11/30/2005 and 2/28/2006, respectively. In addition, Lavoie Ballard Landing, Inc., agreed to pay a $3,000 administrative penalty, with an additional penalty of $27,000 suspended, pending compliance with the ACOP.

11/15/05: As part of a Tank Removal Companies Initiative, Unlimited Disposal of Marblehead was inspected and found to have numerous 21C violations. After an Enforcement Conference with the owner, MassDEP took into consideration the Small Business Policy and the fact that Unlimited was changing its business practices. No penalty was assessed.

11/14/05: MassDEP and Worcester Sand & Gravel Company, Inc. of Shrewsbury have entered into an ACOP to resolve violations including failure to meet deadlines for the assessment and cleanup of the petroleum and chlorinated solvent releases at their site, which is located within the Zone II of municipal drinking water supply wells. The Company had previously entered into an ACOP but did not comply with the deadlines in that Order. The Company has agreed to pay a penalty of $22,500 and has also provided financial assurance to MassDEP in the form of an escrow fund in the amount of $250,000 to be used for the cleanup.

11/10/05: MassDEP concluded an agreement with Simon Rock Early College, Great Barrington, concerning its public water distribution system and storage facility modifications without prior approval and permits from MassDEP. The PWS relied upon a professional engineer certification that all permits, regulations and laws were met. The ACOP requires the College to obtain the permits now and correct deficiencies identified during the recent inspection. A penalty of $3,300 was assessed with $1,650 suspended.

11/10/05: Following an inquiry by the Mass. Division of Marine Fisheries, MassDEP performed a site inspection at a newly opened marina known as, The Pier at Cordage , Cordage Park, Plymouth. The owner of the marina was found to have deployed a 54-slip floating dock system and constructed a concrete boat ramp without prior authorization under the Chapter 91 Waterways Program and the Wetlands Protection Act. The owner of the property, Cordage Development, LLC has agreed to an ACOP. The ACOP includes a penalty of $15,000 of which $10,000 will be suspended in consideration for the successful performance of a Supplemental Environmental Project (SEP). The SEP requires that Cordage Development, LLC construct and maintain within the public access area an educational, weather protected display describing the maritime-industrial history or Cordage Park and to construct, operate and maintain a museum which depicts the maritime-industrial history of the former Plymouth Cordage Company and environs. Cordage Development has filed an after the fact Chapter 91 application for the existing structures. It is expected the special conditions within the Chapter 91 License and the completed SEP will enhance the public access and enjoyment of the waterfront at Cordage Park.

11/10/05: RBS Realty Trust entered into an ACOP with MassDEP for failing to meet MCP requirements governing the cleanup of hazardous waste at their property located at 27 Washington Street, Westborough. On December 27, 1999, DEP received a Phase I Initial Site Investigation Report and a Tier II Classification submittal to determine the severity of site contaminant conditions. Under the regulations, a final cleanup report was required to be submitted to DEP by December 27, 2004. The Company did not comply with this deadline. During the negotiation process, RBS Realty Trust completed the remediation and submitted the final cleanup report.  The Trust will pay a $10,000 penalty.

11/10/05: MassDEP has executed an ACOP with the waste site cleanup consulting firm AJS Environmental, Inc. of Paxton, including a penalty of 5,928. AJS Environmental Inc. had applied remedial additives near a drinking water supply without MassDEP's approval and without the required groundwater monitoring. MassDEP discovered the violations during a Level 2 audit of response actions for the gasoline release at the Paxton Gulf Station in Paxton.

11/10/05: A Unilateral Administrative Order and Assessment of Administrative Penalty for $28,000 was issued to John "Jay" Santos for violations of the Wetland Protection Act (WPA) and regulations on his 25 Myrtle Street, Millis property, which is located on the Charles River.  As the result of a recent telephone complaint, DEP staff inspected the site and observed earth moving that included filling and grading in Bordering Land Subject to Flooding. This activity took place without filing for a permit or receiving any authorization. A previous complaint had been filed in September of 2004 in Superior Court against Mr. Santos by the Attorney General's Office on behalf of DEP for violations of the WPA Act and regulations on the property. A default judgment was entered in favor of the DEP on 4/27/2005 making this new activity a willful pattern of noncompliance. In addition to the penalty, DEP  has ordered that the fill be removed and the area restored with vegetation. 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.

11/10/05: MassDEP signed an ACO with Wind River Environmental, LLC. On July 11 & 12, 2005 this septage hauler dumped 15,000 gallons of septage into a storm drain at the Peabody High School. The septage ended up going to Proctor Brook and jetting out of the storm drain that goes to Proctor Brook. Both the storm drain and the brook area needed to be cleaned up. A penalty of $22,500 was agreed to.

11/9/05: MassDEP executed an ACOP with Dewhurst Lumber, Inc. in East Bridgewater for discharging industrial waste without a groundwater discharge permit. The deadline for completion of upgrade, subject to stipulated penalties, is 5/1/2006. The penalty assessed was $25,000; $4,000 has been paid and the balance has been suspended provided the deadline date for completion is met. The owner has ceased all discharge and is currently discharging to an interim industrial waste holding tank until a recycle wash water (closed loop) system can be built.

11/9/05: MassDEP issued a Demand Letter directing New Ventures LLC to pay a suspended administrative penalty of $175,000 for noncompliance with a 4/13/2005 ACOP relative to the Crow Lane Landfill in Newburyport. Violations of the ACOP by New Ventures include, without limitation, failure to operate the landfill gas extraction and treatment system at the landfill in accordance with the ACOP; failure to submit required status reports and as-built plans, and failure to place grading and shaping material at the landfill in accordance with the conceptual closure plan as approved by DEP.

11/9/05: MassDEP entered into a Consent Order with The Town of Ipswich and First Ipswich Bancorp relative to the failure to timely document the potential for on-site releases in an DPS and the failure to comply with the deadlines contained in a NOAF/NON relative to a Hammatt Street parcel. The Consent Order called for the payment of a $12,500 Penalty and established a schedule for the completion of necessary response actions in order to come back into compliance and to close out this site DEP agreed to suspend $7,500 of the penalty provided all terms of the Consent Order are met.

11/9/05: MassDEP issued an Administrative Consent Order with Penalty to Puritan Lawn Memorial Park-Cemetery, 185 Lake Street, Peabody. Included in the Order were violations of the Massachusetts Air Quality and Hazardous Waste regulations. Puritan Lawn shall pay to the Commonwealth a civil administrative penalty of $1,437. This Order is one of several that came about as a result of the Bureau's crematory inspection initiative.

11/8/05: MassDEP executed an Administrative Consent Order with Penalty with Southampton Food Wholesale Food Terminal, Inc., owner of 80-84 Newmarket Square in Boston, for waste site cleanup violations. Specifically, the violations were for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 5/21/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 3/1/2007. In addition, Southampton Food Wholesale Food Terminal, Inc., agreed to pay a $25,000 administrative penalty, with an additional penalty of $24,000 suspended, pending compliance with the ACOP.

11/8/05: MassDEP executed an Administrative Consent Order with Penalty with B.L. Ogilvie & Sons, Inc., owner of 39 Warren Avenue in Weston, for waste site cleanup violations. Specifically, the violations were for failure to achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 6/9/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 11/8/2006. In addition, B.L. Ogilvie & Sons, Inc., agreed to pay a $15,000 administrative penalty, with an additional penalty of $15,000 suspended, pending compliance with the ACOP.

11/7/05: MassDEP entered into an ACOP with Martin J. Shapiro for violations related to conducting an IRA and reporting deadlines for a spill in Clinton. The underlying issues have been resolved and Mr. Shapiro will pay a $2,580 penalty.

11/7/05: MassDEP entered into an ACOP with Micron Plastics, Inc of Ayer. During an inspection MassDEP staff noted violations of several requirements concerning the storage of hazardous waste oil. The Company will pay a $3,000 penalty.

11/7/95: MassDEP entered into an ACOP with Federal Express for failure to notify within the required 2 hour notification time for a fuel release from a delivery truck in Acton. In addition to paying a $3,000 cash penalty,  Fed Ex is funding a mock fuel spill response exercise with the Town of Acton to aid emergency responders.

11/7/05: MassDEP entered into an ACOP with Grafton Agway, Inc for failing to meet MCP deadlines.  he Company failed to Tier Classify or submit an RAO within one for a release of hazardous materials related to a fire at the facility. The Company will submit an RAO and pay a $2,500 penalty.

11/4/05: MassDEP issued a UAO to Waste Management of Massachusetts (WMI) requiring certain mitigation measures to address the fugitive emissions of landfill gas from the Cottage Street Landfill in Springfield, as well as providing for the cessation of shaping and grading activities.

11/3/05: MassDEP entered into an administrative consent order with Mt. Holyoke College in South Hadley to address RES exceedences in 2004 related to fuel use and NOx emissions. The College has subsequently submitted and received approval for a new RES. Mt. Holyoke College will pay a $1,000 administrative penalty, and, as an SEP, donate $4,750 to the Pioneer Valley Planning Commission Vehicle Retirement program.

11/3/05: MassDEP issued a $3,000 Demand for Suspended Penalties to the Connecticut Valley Sanitary Waste Disposal, Inc. (CVSWD) to address repeat violations of the State Solid Waste Management Regulations at their Chicopee landfill facility. The penalty is a result of offsite odors generated by the landfill operation on August 19, 2005. Previous to the violation, MassDEP and CVSWD entered into an ACOP in which CVSWD agreed to pay a fine of $6,000, with an additional $22,740 suspended provided the landfill did not generate any additional offsite trash odors. Subsequent to the execution of the Consent Order, MassDEP responded to a number of odor complaints from an adjacent nursing home and, on August 19, 2005, verified offsite trash odors.

11/3/05: MassDEP reached agreement on an ACOP with the Lynn Water & Sewer Commission.  The action was taken in response to the Commission's poor and inefficient public notification and reporting program following a sewer collapse and overflow event in August. This collapse affected the Saugus River and downstream public beaches. The Order requires the Commission to put in place real-time reporting of any sewer overflow events, and immediate notification to the agencies and resources managers, as well as assistance to mitigate the impacts of any future sewer overflows. The Commission is presently implementing a $135 million plan to address their combined sewer overflows.

11/2/05: MassDEP entered into a consent agreement with Adgreene Co of Dorchester, which is a licensed asbestos removal contractor in the Commonwealth. Inspections by DEP enforcement personnel revealed violations at multiple asbestos sites including the Quigley Hospital (Chelsea Soldiers Home) in Chelsea. Adgreene was fined $19,625. Adgreene will pay $8,000 and  $11,625 will be suspended for one year assuming compliance with the ACO.

October

10/31/05: This wetlands case involves activities performed on the equipment yard of Nardone Contracting Corp., 84 New Salem Street, Wakefield, without authorization, that resulted in filling of flood plain, Bordering Vegetated Wetlands (BVW) and redirection of stormwater on to abutting commercial property. MassDEP became involved as the result of a complaint by the abutter.  The final settlement includes both Nardone and the abutter agreeing to a design and construction of a stormwater management system, restoration of BVW, site management techniques to protect the wetlands, and, a penalty of $21,000 with $11,000 suspended if the site is in full compliance by 12-31-06.

10/31/05: MassDEP entered into an administrative consent order with the James Austin Company to address hazardous waste storage violations at its Ludlow facility. The violations were discovered during a June 22, 2005 MassDEP inspection of the Company facility at 203 West Avenue in Ludlow. The Company had stored its hazardous waste beyond the time allowed by the Massachusetts Hazardous Waste Regulations.  The Company, headquartered in Mars, Pennsylvania, took immediate action to ship off the waste and has agreed to take corrective actions in order to ensure that its wastes are stored according to the appropriate timelines. In addition to a $3,500 penalty, an additional $3,500 was suspended pending the Company compliance with the consent order.

10/27/05: MassDEP executed an ACO for a landfill closure project with Northbridge Redevelopment Corporation. The ACO will cover the closing, in accordance with MassDEP standards, a privately owned site that was previously used as a municipal landfill site on Church Street.

10/27/05: MassDEP executed an ACOP with Worcester Sand and Gravel Company, Inc. of Shrewsbury for violating Air Pollution Control, Hazardous Waste, and Industrial Wastewater Regulations.  During the inspection, prompted by dust complaints and discussions with the Shrewsbury Board of Health, the company was found to be causing a condition of air pollution (dust) from its raw material handling, processing and yard operations. In addition, the company had violated five other requirements associated with the proper management of waste oil containers. In the ACOP the company agreed to pay a $12,500 penalty, agreed to use a mobile sweeper to manage dust from truck traffic, to utilize water sprays to manage dust from rock crushing operations and to apply for an air quality plan approval for their entire operation. The company shall also comply with applicable hazardous waste regulations, and will stop the unpermitted wastewater discharge to the ground from power washing of their vehicles.

10/27/05: MassDEP issued a UAO to Massachusetts Electric Company due to violations of the asbestos notification provisions and hazardous waste regulations at Mass Electrics 170 Medford Street, Malden facility. 

10/27/05: MassDEP issued an Administrative Consent Order with Penalty to Forest Hills Cemetery, 95 Forest Hills Avenue, Boston. Included in the Order were violations of the Massachusetts Air Quality and Hazardous Waste regulations. Forest Hills Cemetery shall pay to the Commonwealth a civil administrative penalty of $1,625. This Order is one of several that came about as a result of the Bureau's crematory inspection initiative.

10/26/05: An Administrative Consent Order with Penalty (ACOP) with Northern Sealcoating & Paving, Inc. was executed on October 26, 2005. Northern Sealcoating operates a sealcoating and paving business located at a facility in Dennisport. MassDEP was informed of alleged wetland violations from the Massachusetts Environmental Police working in cooperation with the Dennis Conservation Commission. MassDEP inspected the referenced facility and observed that approximately 27,775 square feet of a red maple swamp (Bordering Vegetated Wetlands) had been altered without a permit from the Dennis Conservation Commission. A number of hazardous waste management and solid waste violations were also observed. As a result of the settlement, Northern will fully restore the red maple swamp where altered and correct the hazardous waste management and solid waste violations and pay a civil administrative penalty. The penalty was $29,950, of which $12,000 will be paid and $17,950 suspended as long as Northern fully and timely complies with all of the terms and conditions of the Consent Order.

10/25/05: MassDEP entered into an ACOP with Robert Belli, Bonney and Edgewater streets, Fairhaven, for violations of the SOC and the Wetlands Protection Act. The ACOP requires: immediate removal of unauthorized fill from Land Subject to Coastal Storm Flowage (LSCSF); immediate construction of BVW replication and restoration areas; immediate cease and desist of dewatering activities; and, the party to file and obtain an Amended SOC for the unauthorized foundation, redesigned driveway and access to the house. The total penalty amount of $6,000 is to be made in 12 equal monthly installment payments of $500. The ACOP contains provisions for Stipulated Penalties.

10/24/05: MassDEP executed an Administrative Consent Order with Penalty with St. Hillarie Service Station, Inc., owner of the 1682-1700 Middlesex St., Lowell site, for failure to comply with waste site cleanup regulations.  Specifically, a Phase III Report, Phase IV Report and Response Action Outcome Statement were not filed by the deadlines set in an 10/4/2004 Notice of Noncompliance (NON) or a 1/11/2005 Amended NON. The Order established a compliance schedule for completion of necessary response actions and payment of a $7,500 penalty. MassDEP agreed to suspend $22,500 of the penalty provided all terms of the Order are met.

10/24/05: MassDEP entered into an Administrative Consent Order with Penalty with Legere, Inc. dba Speedee Oil Change & Tune Up, in Attleboro. Legere Inc. is an oil change/auto repair facility located in Attleboro. DEP personnel conducted a site inspection on August 23, 2005 and identified violations of the state hazardous waste regulations. The Order requires Legere, Inc. comply with the hazardous waste regulations for the proper management of oil and hazardous waste. Legere, Inc. will pay a $690 penalty for the violations.

10/21/05: MassDEP issued a UAO to 300 Turnpike Road Realty Partners, LLC, which owns and operates a retail complex known as Yankee Village, which is located in Rowley. Yankee Village, an unapproved/unregistered public water supply system (PWS), agreed in late 2003 to abandon their unapproved public water supply well and connect their facility Yankee Village to the Town of Rowley's PWS. Most of the work in connecting Yankee Village to Rowley's PWS was completed in July 2004. DEP recently learned that Yankee Village never finished the connection and presently they are still on well water. The UAO, dated October 21, 2005, requires the connection to Rowley's PWS to be completed in 14 days and the well abandoned as a source of public water supply. 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.

10/21/05: MassDEP executed an ACOP against Johnson Woods Realty Corporation for construction of a sewer connection off West Street in Reading without a required sewer permit. A MassDEP engineer while conducting a field visit at an abutting property observed that the proposed development of Johnson Woods and its related sewers had been constructed, although MassDEP had not yet issued a permit. The ACOP requires the payment of a $6,500 penalty in addition to Johnson Woods arranging for Infiltration/Inflow (I/I) mitigation with the Town of Reading. The I/I mitigation will cost Johnson Woods in excess of $600,000. This ACOP is a follow-up to a UAO issued against Johnson Woods requiring that Johnson Woods cease all further construction and/or connection of sewers until the permit was granted. The sewer connection permit was issued concurrently with the ACOP execution.

10/20/05: MassDEP Wetlands Program assessed a (PAN) of $14,300 to Trustees of the Papoulias Family Trust (Anthony and Nicholas Papoulias) for violations of the Wetlands Protections Act at 17 Mudnock Road in Salisbury. The violations included alterations to Bordering Vegetated Wetland, designated as a Rare Species Habitat, and work in the Buffer Zone without filing for or receiving proper authorization. This penalty is issued for work subject to a Unilateral Administrative Order (UAO) the DEP issued on October 6, 2005. This recent PAN and UAO are also subsequent to DEP having issued both a UAO and PAN in October of 2003 to the same Respondents for unauthorized work in the same area. 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.

10/20/05: MassDEP entered into an administrative consent order with Jim Galusha Contracting, Inc. of Williamstown to address asbestos handling violations at a Williamstown demolition site. The violations were discovered by an inspector from the Pittsfield office of the Massachusetts DOS. The inspector notified MassDEP that he had observed Galusha Contracting demolishing a house on New Ashford Road in Williamstown. The DOS inspector issued a Cease & Desist Order at the time of his inspection. A review of MassDEP records combined with a follow-up inspection by MassDEP revealed that asbestos had not been removed from the house prior to the demolition operation and was now co-mingled with the demolished house.  After developing a work plan that included air monitoring by a licensed consultant to ensure that no asbestos emissions would be released to the ambient air, Galusha Contracting, along with its asbestos sub-contractor, was allowed to complete the demolition. The site remained covered by tarps until the clean up was completed and the demolished house, in its entirety, was disposed of as asbestos waste. In addition to paying a $4,500 penalty, $20,900 was suspended pending the Company compliance with the consent order and the asbestos handling regulations.

10/20/05: MassDEP executed an Administrative Consent Order & Penalty (ACOP) with Gaeta Automotive Services of Peabody, for MCP violations. Specifically, for failure to achieve a Response Action Outcome (RAO) or a Remedy Operation Status (ROS) by a deadline established in an ACO executed on April 14, 2003. The ACOP sets the expiration date of a recent Tier I Permit Extension as the RAO/ROS deadline. Gaeta Automotive Services will pay $10,000 penalty, with $20,000 suspended and payable if the ACOP deadlines are not met.

10/19/05: MassDEP entered into an administrative consent order with Tony Saville, Sr., a plumbing and heating contractor from West Springfield to address violations of the asbestos regulations at a residential rental property on Bernard Street in Springfield. In October of 2003, the MassDEP received a complaint from a tenant of the Bernard Street property. Upon investigation, MassDEP discovered that another heating contractor had notified the property owner that asbestos was on the old boiler at the property and needed to be removed before a new boiler could be installed.  Instead, the owners hired Mr. Saville, who is not a licensed asbestos contractor, to install the new boiler. Mr. Saville will pay a $4,000 penalty. An additional $36,000 will be suspended if Mr. Saville and/or his employees do not violate the consent order or the asbestos regulations within two years.

10/19/05: MassDEP entered into an administrative consent order with the Laguercia Family Trust to address violations of the asbestos regulations at a residential rental property in Springfield and for hazardous waste violations at a commercial property in West Springfield. In October of 2003, the MassDEP discovered that a heating contractor had notified the Trust that asbestos was on an old boiler at the residential property and needed to be removed before a new boiler could be installed. Instead, the Trust hired an unlicensed asbestos contractor to install a new boiler. At the West Springfield commercial property the Trust committed additional violations by hiring an unlicensed hazardous waste transporter to remove a mixture of septage sludge and waste oil from a septic tank.  Instead of hiring a licensed hazardous waste transporter, the Trustees hired a local septage hauler to remove and transport the sludge. Subsequently, the Trustees hired a licensed hazardous waste transporter to pump out the hazardous waste from the septage tanker truck for disposal at an approved facility.  In July of 2005, the septage hauler was penalized $27,590 for violations of the State hazardous waste regulations. For the asbestos and the hazardous waste violations, the Laguercia Family Trust will pay a $15,000 penalty with an additional $30,000 penalty suspended for one year pending compliance.

10/19/05: MassDEP entered into an Administrative Consent Order with Penalty with Val's Auto Sales of Westport. Val's Auto Sales repairs wrecked autos for resale. DEP personnel conducted a site inspection on July 27, 2005 and identified violations of the state hazardous waste regulations. The Order requires compliance with the hazardous waste regulations for the proper management of oil and hazardous waste. The Order also requires compliance with air quality regulations for the appropriate recordkeeping for the spray paint room operation.  Val's Auto Sales will pay a $300 penalty for the violations.

10/18/05: MassDEP Wastewater Program executed an Administrative Consent Order (ACO) with the Town of Bolton. The Consent Order establishes an enforceable schedule under which the Town shall bring into compliance the subsurface disposal system serving the Town Emerson and Florence Sawyer schools. Under the terms of the ACO, the Town shall by April 1, 2008 phase out the existing Title 5 septic systems serving the schools and connect to a new municipal wastewater treatment facility to be operated under a groundwater discharge permit.

10/18/05: MassDEP entered into an ACO with the Seven Hills Foundation to establish new deadlines for ongoing clean up activities at the School.

10/18/05: MassDEP Wastewater Program executed an Administrative Consent Order with Penalty (ACOP) with the Town of Grafton related to NPDES permit violations at the Town wastewater treatment facility. On May 8, 2005, the Town released an estimated 300 gallons of No.2 heating oil into its municipal sewer system which resulted in interference of the treatment process and pass through of partially treated wastewater to the Blackstone River. Under the terms of the ACOP, the Town shall inspect its oil spill prevention control systems and correct any deficiencies found. The Town shall also submit a response plan to notify downstream communities in the event of a future event. The Town shall also pay a civil administrative penalty of $5,400 for this violation, of which $ 2,900 may be suspended upon satisfactory compliance with the ACOP.

10/18/05: MassDEP entered into an administrative consent order with the Banas Sand and Gravel Company Inc. of Ludlow to address air pollution, hazardous waste, and industrial wastewater violations. The violations, discovered during a MassDEP inspection conducted on July 27, 2004, included discharging concrete wash water onto the ground without a groundwater permit, constructing a new cement plant without an Air Quality approval, failure to post signs and labels on waste oil containers, and failure to register with MassDEP for waste oil generation and a waste oil space heater. In addition to paying a $5,750 penalty, the Company has agreed to correct the violations and to remain in compliance.  An additional $7,575 was suspended pending Company compliance for one year.

10/14/05: Fleet Environmental and MassDEP entered into an ACOP. Fleet Environmental agreed to pay an administrative penalty of $6,000 plus an additional $10,050, which will be suspended for 2 years if the conditions of the ACO are met. The total penalty is $16,050 and was assessed for violations observed by MassDEP inspectors during routine inspection of asbestos removal operations at the US Army Laboratory, One Fourth Avenue, Natick.

10/14/05: This matter is a violation of the Wetland Protection Act by M & J Realty Trust, 2050 Main Street in Walpole, involving 1000 square feet of fill in a Bordering Vegetated Wetland that is a Restricted Wetland and Buffer Zone for the expansion of a parking lot. MassDEP initially discovered the violation using aerial photography.  The enforcement agreement incorporates removal of fill, restoration of wetland, and, a paid penalty of $5,000 with an additional $1,500 suspended if full compliance is reached by May 1, 2006. 

10/14/05: MassDEP executed an Administrative Consent Order with Penalty with Fred Super Service, Inc., owner of 324 Main Street in Wilmington for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on October 22, 2003. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by March 31, 2007. In addition, Fred Super Service, Inc. agreed to pay a $10,000 administrative penalty, with an additional penalty of $20,000 suspended penalty, pending compliance with the ACOP.

10/14/05: MassDEP entered into a Consent Order with a $20,000 Penalty for Waste Site Cleanup violations with the Roman Catholic Archbishop of Boston, relative to the St. Joseph School, 77 Salem Street, Malden. An audit performed by MassDEP revealed deficiencies in the Response Action Outcome (RAO) and Activity and Use Limitation (AUL) submitted by the school. On February 26, 2004, MassDEP issued a Notice of Audit Findings (NOAF)/Notice of Noncompliance (NON) citing 16 deficiencies in the RAO/AUL. The school failed to take the actions required by the NOAF/NON, resulting in MassDEP initiating higher-level enforcement actions in August 2005.  This Consent Order establishes deadlines for terminating the AUL and submitting a new RAO and, if applicable, implementing a new AUL. MassDEP agreed to suspend $15,000 of the penalty pending compliance with this Order.

10/14/05: MassDEP executed an Administrative Consent Order, including a $20,000 penalty, with Technically, Inc. of Woburn, after a multi-media inspection revealed: the company failed to notify MassDEP of its Hazardous Waste/Waste Oil activity, failed to retain several hazardous waste manifests, failed to post emergency phone information, failed to properly label a waste oil container, and failed to conduct weekly inspections.

10/14/05: MassDEP entered into an Administrative Consent Order and $3,450 Penalty with ITW Devcon/Plexus, Endicott Street, Danvers, regarding self-reported exceedances of emissions limitations at its Endicott Street facility in Danvers.  MassDEP has suspended the penalty, provided that the facility complies with the ACOP by meeting existing emission limitations and by installing a regenerative thermal oxidizer to mitigate air emissions from proposed new emission units as well as the existing noncompliant emission units at the Danvers facility.

10/13/05: MassDEP entered into an administrative consent order with the Pliant Corporation of South Deerfield to address an air quality violation at the facility 10 Greenfield Road location. The violation, failure to operate equipment as previously approved in a MassDEP permit, was discovered as the result of a facility inspection on June 22, 2005.  Pliant Corporation initiated the corrective action necessary to return to compliance immediately after the MassDEP inspection. In addition to paying a $1,500 penalty, Pliant Corporation has agreed to operate its facility in accordance with its approval. An additional $4,250 will be suspended providing that Pliant Corporation complies with the terms of the settlement.

10/13/05: MassDEP entered into an administrative consent order with O Connell Oil Associates, Inc. of Northampton to address hazardous waste management, industrial wastewater, and water pollution control violations. The violations were discovered during a MassDEP inspection of the Company Northampton facility on February 15, 2005. The inspection revealed that the facility industrial wastewater, which was being collected in an oil/water separator, was being discharged to the Mill River.  In addition, the Company was discharging truck and vehicle wash water onto the ground. The hazardous waste management violations included open containers, missing signs and labels on drums, not having an impervious surface for the storage of waste containers outside, and the improper operation of 2 waste oil space heaters. The settlement agreement contains requirements for the Company to return to compliance as well as a penalty of $15,000. An additional $7,225 will be suspended providing that the Company complies with the terms of the settlement.

10/11/05: Worcester Air Conditioning Co., Inc and the MassDEP entered into an ACOP whereby Worcester Air Conditioning agreed to pay an administrative penalty of $6,500 plus an additional $12,812 which will be suspended for one year if the conditions of the ACO are met. The total penalty is $19,312, which was assessed for violations of the asbestos regulations observed by MassDEP personnel for work done at the New England, 501 Boylston Street, Boston.

10/11/05: MassDEP executed an ACO with Southeastern Regional Vocational School District, in Easton for failure to obtain a MassDEP Groundwater Discharge Permit for sewage flows greater than 10,000 gallons per day (actually 13,000 gpd). The ACO requires the school to establish an enterprise account to be used for permitting and construction of a wastewater treatment facility (WWTF). The ACO also requires monitoring of the existing septic systems until such time as the new WWTF is operational. Failure to meet milestone compliance dates will lead to stipulated penalties.

10/7/05: MassDEP executed an Administrative Consent Order and Penalty with Callender Realty Trust, 7-15 Callender Street in Roxbury for waste site cleanup violations.  Specifically, for failure to submit IRA Status Reports, Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on December, 2004. New deadlines were set in the ACOP to return to compliance with timelines for the submittal of an IRA Status or Completion Statement, Phase Reports and an RAO. Callender Realty Trust will pay $10,000 penalty with $15,000 suspended if the submittal deadlines establish in the ACOP are not met.

10/7/05: MassDEP entered an Administrative Consent Order with John Conroy of 146 Haverhill Street, Dracut for the unpermitted fill of over 5,000 square feet of Bordering Vegetated Wetlands. Under the agreement Mr. Conroy will remove all of the fill and restore the Wetlands.  A fine of $500 was levied under DEP's Homeowner Policy.

10/7/05: An ACOP was negotiated with Obsession Boat Sales + Marine Supplies, Inc., 366 Menauhant Road, East Falmouth. As part of DEP marina initiative, a hazardous waste inspection was conducted at the East Falmouth site identified several hazardous waste violations and revealed that the facility had not registered as a generator of hazardous waste.  A penalty of $1,000 was assessed for the hazardous waste violations along with $1,050 for two years of past due Small Quantity Generator compliance fees.

10/7/05: In July 2003, an environmental assessment determined that soil and groundwater at Charlie Service and Towing, 563 South Washington Street, North Attleboro had been impacted by a release of oil. In December 2004, DEP issued an NON to Charlie Service and Towing for failing to conduct response actions at the site in a timely manner and set a 30-day return to compliance deadline. On October 7, 2005, DEP issued a Unilateral Order and a Penalty Assessment Notice for $30,000 to the PRP for not complying with the NON). 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.

10/6/05: MassDEP executed an ACOP with Citizen's Bank of Massachusetts, owner of 631 Mt. Auburn Street in Watertown, for waste site cleanup violations.  Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on September 14, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by July 1, 2007. In addition, Citizens Bank of Massachusetts agreed to pay a $15,000 administrative penalty, with an additional penalty of $16,000 suspended, pending compliance with the ACOP.

10/6/05: MassDEP issued a Unilateral Consent Order to the Papoulias Family Trust, 17 Mudnock Road, Salisbury, for violations of performing work and altering the buffer zone and jurisdictional resource area at the Property, without filing a Notice of Intent. 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.

0/6/05: MassDEP issued a Unilateral Consent Order to the LEETCO Realty Trust, 34 Bridge Street, Salisbury, for altering a buffer zone and a jurisdictional resource area at 34 Bridge Street in Salisbury, without filing a Notice of Intent.

10/4/05: In 1987, an environmental assessment of the Quaker Fabric property, 941 Grinnell Street, Fall River, indicated that soil and groundwater had become impacted by petroleum hydrocarbons. An NON was issued to the property owner in May 2005 for failing to address the contamination issues at the site in a timely manner. The property owner's LSP contacted DEP and requested additional time to complete response actions. As a result, DEP has negotiated an ACO with the property owner that establishes new deadlines for the completion of response actions at the site. The ACO includes stipulated penalties, should the property owner fail to perform as required.

10/4/05: MassDEP entered into an administrative consent order with Smith College of Northampton to address stack test failures of the facility's boilers. The consent order requires that the college make the appropriate adjustments to the boilers and conduct another stack test to verify compliance. Smith College will also pay a $1,000 administrative penalty, and, as an SEP, donate $4,750 to the Pioneer Valley Planning Commission Vehicle Retirement program.

September

9/30/05: MassDEP executed an Administrative Consent Order (ACO) with VLW Realty Trust, owner of 2472-2484 Massachusetts Avenue in Cambridge, for waste site cleanup violations. Specifically, for failure to submit Status Reports, Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by MassDEP on July 21, 2005. New deadlines were set in the ACO to return to compliance with the submittal of an IRA Status or Completion Statement, a RAM Status or Completion Statement and an RAO. In addition, the VLW Realty Trust agreed to pay a $1,000/ day in stipulated penalties if the submittal deadlines establish in the ACO are not met.

9/30/05: MassDEP issued a Unilateral Administrative Order (UAO) to Boston Bluestone Corporation of Stoughton for the un-permitted industrial wastewater discharge from an industrial wet saw cutting operation resulting in the runoff of sediments into the 100-foot Buffer Zone to a wetland resource area located behind the facility. The Order requires Boston Bluestone to cease and desist from any unauthorized discharges affecting the water of the Commonwealth. Additional MassDEP actions will address the cleanup of the sediments.

9/30/05: MassDEP entered into a Consent Order with Allied Waste Systems for violations of the solid waste regulations at their solid waste transfer station located in Roxbury. These violations included transferring banned waste (white goods) for disposal; noncompliance with their waste ban plan, and failure to maintain the facility, specifically Allied Waste was not maintaining the perimeter security fence and bird wires. The Consent Order provides for a $5,000 administrative penalty. In addition to payment of the $5,000 cash penalty, the Consent Order provides that Allied Waste will conduct a SEP valued at $15,000. Allied Waste will through participation in the City of Boston's Shines Program and/or with local neighborhood groups in Roxbury provide support in the form of donations of equipment and manpower provide assistance in the cleanup of neighborhoods, including local lots in Roxbury.

9/30/05: An Administrative Consent Order with a Penalty (ACOP) was issued by MassDEP to Univar USA Inc. of Kirkland, Washington, owner of Robbins Manufacturing in Fall River. The ACOP includes a penalty of $17,250, which has been received by the DEP. On January 12, 2005, Univar USA Inc. failed to notify MassDEP of a 500 lb. anhydrous ammonia release. Univar USA, Inc. owns and maintains the equipment that failed, making them a PRP. The release occurred at Robbins Manufacturing in Fall River. Robbins has also signed an ACOP and agreed to a $17,250 penalty for which a payment schedule has been established.

9/30/05: MassDEP entered into a Consent Order with the MBTA for a failure to report a threat of a release of transmission fluid from an underground storage tank at the Quincy bus garage within the required timeframe. The Consent Order includes an administrative penalty of $9,315 and a Supplemental Environmental Project, which will upgrade leak detection equipment on several underground storage tanks at the MBTA's Cabot Yard bus fueling facility. A penalty amount of $4,315 was suspended, contingent on compliance with the terms of the Consent Order.

9/29/05: MassDEP entered into a consent order with TCP Communications, LLC, of Fournier Road, Conway, in connection with a violation of the Order of Conditions for a cell tower project. TPC commenced the project prior to recording the Order of Conditions, installing erosion and sediment controls and TPC crossed a stream, which crossing had not been permitted in the Order of Conditions. TCP will pay a civil administrative penalty in the amount of $1,440 and comply with the Order of Conditions.

9/29/05: MassDEP issued an order to Michael Cannizzaro of Southwick ordering him to stabilize the site where he had constructed a motorcycle track for his children. The work occurred in the Riverfront Area of Munn Brook at Mr. Cannizzaro farm and impacted approximately two acres of the farm. 

9/29/05: MassDEP issued an Administrative Consent Order with Penalty to cover violations of the Air Quality and Hazardous Waste regulations at Harmony Grove Cemetery, 30 Grove St., Salem. Harmony Grove Cemetery shall pay to the Commonwealth a civil administrative penalty of $6,310. This penalty represents one of several HLE penalties that came as a direct result of the Crematory Inspection Initiative undertaken by MassDEP.

9/28/05: MassDEP executed an ACOP with A.J. Rousseau Realty Trust No. 2, owner of 3 School Street in Framingham, for waste site cleanup violations. The ACOP was specifically for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on May 26, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by September 28, 2006. In addition, A.J. Rousseau Realty Trust No. 2 agreed to pay a $15,000 administrative penalty, with an additional penalty of $15,000 suspended, pending compliance with the ACOP.

9/28/05: Michael Therieault was indicted criminally on three counts of violating the Clean Air Act. This case involves 40-50 bags of ACM waste being dumped in the rear of 90 Glenn Street in Lawrence. MassDEP personnel recovered the evidence from the dumped material. As a result of this evidence, the material was tracked back to its origin at 468 Canal St in Lawrence. Subsequent investigation/interviews by MassDEP revealed who performed the illegal removal and disposal. 

9/27/05: An Administrative Consent Order and Penalty was entered into with Herb Chambers Honda of Seekonk for violations of the Massachusetts Hazardous Waste Regulations. A MassDEP multi-media inspection revealed that Herb Chambers Honda was registered as a Small Quantity Generator (SQG) of Waste Oil but was generating Large Quantity Generator (LQG) amounts of waste oil and therefore was Acting-out-of-Status. The ACOP ensures compliance with the Hazardous Waste requirements. Total penalty is $2,070.

9/27/05: An Administrative Consent Order and Penalty was entered into with Barry Rt. 18 Collision Center of New Bedford for violations of the Massachusetts Hazardous Waste Regulations. A MassDEP multi-media inspection revealed that Barry had failed to notify and register as a generator of Hazardous Waste (HW). In addition, Barry Rt. 18 Collision Center had failed to properly delineate accumulation area, label container(s) of hazardous waste and to maintain records of air emissions to verify plan approval exemption. The ACOP ensures compliance with the Hazardous Waste and Air requirements. Total penalty is $1,720.

9/27/05: MassDEP executed an ACOP with Dav-Tech Plating, Inc. of Marlborough for violating the Toxics Use Reduction Act and Hazardous Waste Regulations. During the inspection, it was determined that the company had failed to comply with numerous TURA documentation requirements and failed to file a Biennial Report for Hazardous Waste activity, failed to mark all areas where Hazardous Wastes are accumulated and failed to make adequate arrangements or agreements for spill response in case of a Hazardous Waste emergency. In the ACOP, the company agreed to comply with all applicable requirements and pay a $5,860 penalty.

9/27/05: MassDEP executed an Administrative Consent Order with Penalty (ACOP) with the City of Worcester regarding an April 17, 2005 release of approximately 1,300 gallons of heating oil from the city Vernon Hill School to the Blackstone River. Under the terms of this settlement, the city agrees to inspect municipal buildings for compliance with federal oil prevention regulations. The city also agreed to pay a $5,000 administrative penalty.

9/27/05: MassDEP entered into an ACOP with M&M Transport Services of Auburn. The ACOP addresses violations stemming from the company failure to notify of a spill of between 50-100 gallons of diesel fuel on the Massachusetts Turnpike in Auburn. The spill affected a water body near the town municipal wells. In addition to paying a $17,000 penalty, M&M will develop an appropriate contingency plan to address any future releases and shall publish educational materials on proper procedures for spill release notification.

9/26/05: MassDEP entered into an administrative consent order with Luis Tirado to address asbestos violations at his 2-family property at 43 Strong Street in Springfield. Mr. Tirado will pay a $2,000 penalty for failing to properly remove asbestos prior to replacing a boiler. On February 2, 2004, MassDEP received a complaint from tenants at the property alleging that work had not been performed properly when their boiler had been replaced. A MassDEP investigation tracked the contractor from a license plate on an unmarked van that appeared on a video taken by the tenants on the day that the work occurred. The contractor told MassDEP that he informed Mr. Tirado that the asbestos needed to be removed prior to boiler replacement. The contractor eventually bowed to Mr. Tirado plea for a new boiler and performed the asbestos work illegally. The contractor is the subject of a separate enforcement action with MassDEP. Mr. Tirado was required by the MassDEP to hire a licensed asbestos contractor to decontaminate the basement and test the air before anyone was allowed to re-enter. In addition to the $2,000 penalty, MassDEP suspended $6,700. The suspended penalty will be imposed upon Mr. Tirado if he violates the MassDEP asbestos regulations again within one year.

9/26/05: MassDEP entered into a consent order with Clark Excavating of Williamsburg, which provides for a penalty in the amount of $14,000 in connection with the construction of an access drive across Potash Brook in Williamsburg.  Clark installed a culvert different from the one approved by the conservation commission. The site also had erosion problems. If Clark reinstalls the culvert and brings the site into compliance, MassDEP will suspend $7,000 of the penalty. The property owner had previously entered into a Settlement Agreement with the DEP.

9/26/05: MassDEP entered into a consent agreement with S & S Abatement LLC of Beverly. S&S failed to file an asbestos notification for work at 49 Wallis Street in Beverly. The total S & S penalty is $13,050, with $8,505 suspended for one-year contingent upon their performance under the Consent Agreement.

9/23/05: MassDEP entered into an ACOP with Dartmouth Power Associates, L.P. of Dartmouth for violations of the Massachusetts Air Pollution Control Regulations. Based on review of submitted reports and an air pollution control inspection, it was determined that Dartmouth Power had exceeded ammonia and carbon monoxide emission limits on multiple occasions. In addition, Dartmouth Power failed to maintain the continuous emission monitoring system and data acquisition system, and failed to report the violations within required time limits as required by their Operating Permit. The ACOP ensures compliance with the Air Pollution Control requirements. Total penalty is $26,600.

9/23/05: Superior Court Judge Frank Gaziano entered a judgment ordering Peabody Municipal Light Plant (PMLP) to pay a $200,000 penalty for violating MassDEP's NOx Allowance Program. This program aims to control nitrogen oxides emissions from large NOx emitters during the ozone season. By failing to file an emission control plan application for one of two turbines at the Peabody facility, they came into non-conformance. Fifty thousand dollars of the penalty is suspended, provided that PMLP institutes an Environmental Management System, performs an environmental audit of the facility by the Consent Judgment's second anniversary and otherwise complies with applicable environmental regulations over the next four years. BWP/NERO, BWP/Boston and OGC teamed together with the Attorney General's Office to resolve this significant noncompliance issue.

9/23/05: MassDEP Wetlands Program issued a Unilateral Administrative Order (UAO) to Town of Auburn DPW for alterations to wetlands and an intermittent beyond the scope of their Order of Conditions for culvert and easement maintenance. The UAO requires the Town to stabilize the area and to submit a restoration plan to MassDEP within 30 days.

9/22/05: MassDEP issued an Administrative Consent Order with Penalty to Woodlawn Cemetery in Everett to cover violations of the Massachusetts Air Quality and Hazardous Waste regulations. Woodlawn Cemetery shall pay to the Commonwealth a civil administrative penalty of $6,750. This penalty represents one of several HLE penalties that came as a direct result of the Crematory Inspection Initiative undertaken by the Bureau.

9/22/05: MassDEP executed an Administrative Consent Order with Penalty with the Town of Weymouth, owner of 111 Middle Street in Weymouth, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on June 16, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by July 19, 2006. In addition, the Town of Weymouth agreed to pay a $2,500 administrative penalty, with an additional penalty of $7,500 suspended, pending compliance with the ACOP.

9/22/05: Eurosweep Chimney Service of Brookline signed an ACO with the MassDEP. The ACO required the company to provide training as a SEP to other chimney sweep companies and individuals. The ACO was issued since the company had accidentally removed asbestos during repair of the exhaust ductwork at the home.

9/22/05: MassDEP issued a Notice of Noncompliance to C.T. Locke, the operator of the Stewart's Drop-Off Recycling Center, for failing to notify the Department and the Haverhill Board of Health prior to the commencement of recycling activities at the site and for not filing the required quarterly and annual reports.

9/21/05: MassDEP has issued an Order and documented a water emergency at the Berkshire School in Sheffield, a private residential school that DEP regulates as a Community Public Water System. The emergency resulted from severe degradation (sediment and color) in water quality making the School primary supply source unusable. The Order allows the temporary use of an emergency source.

9/21/05: MassDEP issued a demand for suspended penalties to LD Builders of Dalton in the amount of $10,000 following an inspection of the site that revealed the discharge of sediment to protected resource areas. The $10,000 represented the portion of the penalty previously suspended by MassDEP in a Settlement Agreement. LD Builders had previously paid $5,000 and performed a SEP.

9/21/05: AL Prime Energy Consultants are the owners of the gasoline service station located at 49 Central Street in East Bridgewater. Petroleum impacted soil and groundwater exist at the site. On July 1, 2005, MassDEP issued a Notice of Noncompliance to AL Prime for failing to undertake comprehensive response actions at the property and submit Phase Reports in accordance with the timeframes specified in the MCP and the Tier I Permit. AL Prime informed the Department they could not meet the deadlines in the NON. AL Prime entered into an Administrative Consent Order with MassDEP in order to negotiate new time lines for the completion of the assessment and remediation of the site.

9/21/05: PM Investment is the owner of the commercial property located at 121B Braley Road in East Freetown. A release of fuel oil has occurred at the property resulting in soil and groundwater impacts. In February 2005, MassDEP issued a Notice of Non-compliance (NON) to the PM Investment for failing to comply with the deadlines in the MCP and an interim deadline established in a March 2004 Notice of Responsibility. The owners did not comply with the Interim Deadline or the Department's NON. However, the owners in a July 2005 enforcement conference with MassDEP demonstrated the property had been assessed, but the report never generated. The ACOP negotiates a timeline for the submission of the outstanding report. Since the work had been completed, a penalty of $1,000 was included in the Order for failure to submit the required documentation.

9/20/05: MassDEP entered into a Consent Order with the GCR Landfill in Peabody for violations of the solid waste regulations, specifically for GCR's failure to repair erosion of the side slope of the landfill cap. The Consent Order provides for a $6,900 administrative penalty and for the repair of the cap. The administrative penalty consists of a cash penalty of $3,000 and a suspended penalty of $3,900 contingent on GCR complying with the conditions of the ACOP.

9/20/05: MassDEP issued an order to Nunes H.M. & Sons Construction, Inc. of East Longmeadow requiring that they cease and desist from discharging sediment  (runoff and dewatering) to resource areas and to stabilize the site. A MassDEP inspection established that runoff from poor sedimentation controls and dewatering activities at this municipal sewer extension project has resulted in the discharge of sediments to protected resource areas.

9/13/05: MassDEP entered into an Administrative Consent Order and $17,250 penalty with the Massachusetts Department of Corrections concerning the installation and operation of an emergency generator at MCI-Norfolk without written MassDEP approval. In return for suspending the penalty, DOC agreed to purchase and combust only ultra-low sulfur diesel fuel oil as back-up fuel in all of its boilers at MCI-Norfolk; and agreed to audit and update an existing Environmental Management System and provide EMS training to all MCI-Norfolk employees.

9/12/05: MassDEP issued a PAN to Sterry Street Auto Sales, Inc., 947 Newport Ave., Attleboro, for $10,867.50 for failure to notify the Department and conduct response actions without approval. The spill was caused when a tractor-trailer was filling up with diesel fuel. A Sterry Street Auto employee set the notching mechanism on the handle to allow for hands-free dispensing. The nozzle was left unattended and while dispensing diesel fuel into a tractor-trailer the dispensing nozzle fell out and leaked diesel fuel on the ground.

9/9/05: MassDEP issued a UAO against BNE Realty and Development, LLC, of Ashburnham for violations of the Wetland Protection Act, including clearing land prior to the a Determination of Applicability or an Order of Conditions being received. The order requires BNE to cease and desist from further activity at the site.

9/9/05: MassDEP entered into a Consent Order with a $10,000 Penalty with the City of Lowell for failing to Tier Classify or RAO the site at 50 Arcand Drive within the one-year timeline provided by the MCP. The Order established a compliance schedule for completion of necessary response actions, including completion of an IRA. MassDEP agreed to suspend $5,000 of the penalty provided all terms of the Order are met.

9/8/05: David Rothstein of Great Barrington, the former owner of the Stagecoach Hill Inn, in Sheffield, pleaded guilty to violating the Massachusetts Clean Air Act for allegedly removing asbestos containing material in a manner, which caused or aided in air pollution. Rothstein pleaded guilty in Southern Berkshire District Court to two counts of violating the Massachusetts Clean Air Act as well as one count of violating the Labor and Industries Act. Judge James B. McElroy fined Rothstein $5,000. The charges result from Rothstein alleged removal of asbestos from the Stagecoach Hill Inn in Sheffield. On November 13, 2002, Rothstein directed an employee to remove asbestos pipe insulation from the basement of the Inn.  The Inn was operational at the time and the Inn tavern was open for business.  A tenant of the Inn contacted the DEP when he observed the employee ripping down asbestos without taking any protective measures. An investigation by the Environmental Crimes Strike Force revealed that the insulation removed from the basement of the Inn contained asbestos. When investigators spoke with the employee responsible for removing the asbestos, the employee informed them that he was never made aware that he was dealing with asbestos containing material. Additionally, the employee indicated that he was not provided the personal protective equipment that is required of asbestos abatement workers to protect them from exposure to asbestos fibers.

9/8/05: MassDEP has executed an Administrative Consent Order with the Narragansett Regional School District in Templeton, including a penalty of $1,500 for failing to investigate possible intrusion of gasoline vapors into the Narragansett Regional Middle and High School during the District cleanup of contamination from an underground storage tank. From 2001 through 2003 gasoline contamination in groundwater near the school building exceeded standards intended to be protective of indoor air. The District did not notify MassDEP of this condition and did not conduct assessment to determine if gasoline vapors had entered the school. In August of 2003, the District began operating a treatment system. In April 2005, in response to MassDEP's enforcement action, the District installed additional monitoring wells that demonstrated contamination had been successfully remediated below those levels posing a risk from vapor intrusion.  The Consent Order requires completion of Response Action Outcome Statement by December 30, 2005.

9/6/05: MassDEP executed an agreement with D&G Suffriti Construction of Agawam to address demolition and asbestos violations at an Agawam commercial property. On May 25, 2004, MassDEP personnel observed a demolition operation at a commercial property located on Suffield Street and discovered a large boiler in the parking lot with remnants of asbestos insulation on the boiler and on the ground around the boiler. A review of records revealed that no demolition notification had been filed with the MassDEP.  As part of the settlement agreement, and in lieu of a portion of the penalty, D&G Suffriti Construction will perform a Supplemental Environmental Project (SEP). The SEP consists of a letter to each building inspector in 101 western Massachusetts communities, describing the MassDEP notification process for construction and demolition operations, and a laminated sign to be posted in the building inspector office. Suffriti also agreed to pay a penalty of $4,500.

9/6/05: Mr. Henry Fusari of South Hadley agreed to pay a $1,000 penalty for failing to properly handle asbestos containing siding material at his Syrek Street, Chicopee rental property in June of 2004. On June 4, 2004, MassDEP personnel received an anonymous complaint claiming that asbestos siding had been removed, and was scattered around the front yard of the property. During an ensuing site visit, a MassDEP inspector observed siding, which had been removed from the front side of the house, broken into small pieces on the ground. Three torn plastic trash bags found in the front yard contained broken pieces of the siding. A review of records revealed that Mr. Fusari had not notified the MassDEP prior to removing asbestos material. Mr. Fusari, who cooperated with MassDEP during its investigation, subsequently retained the services of a licensed asbestos contractor to remove and dispose of the asbestos waste. MassDEP suspended an additional $11,000 pending compliance with the settlement agreement.

9/6/05: MassDEP entered into an Administrative Consent Order with Penalty with GDG Realty Trust on September 6, 2005. GDG Realty Trust is the owner of a property located in Abington, where a release of petroleum occurred in 1997 from activities stemming from the operation of an unlicensed junkyard at the property. GDG Realty Trust failed to conduct response actions to address the release and failed to comply with the deadlines for submittals. Based upon complaints, MassDEP personnel conducted a site inspection with local municipal officials on April 7, 2005. Violations of the solid waste regulations and the Massachusetts Contingency Plan (MCP) were identified. The Order establishes an aggressive schedule to conduct response actions, assess the site soil and groundwater, and remove and dispose of any solid waste present at the property after December 31, 2005. The GDG Realty Trust will pay a penalty of $2,500.

9/6/05: Robert S. Backlund of Short Street, Middleboro operated approximately 18 acres of cranberry bogs without a Water Management Act (WMA) permit. The bogs have been abandoned this year and the property is for sale. The main purpose of the ACOP is to clearly spell out to prospective buyers of the property their responsibilities under the WMA if the bogs are brought back into production.

9/2/05: MassDEP issued a UAO to Vladimir Andrusiv and Lilya Kazimir of Westfield requiring the application for a Chapter 91 License and a filing of a Notice of Intent for a dock installed on Pequot Pond, a Commonwealth Great Pond. The Order requires the owner to remove the dock if applications are not filed within 30 days. MassDEP and Conservation Commission must be notified prior to any removal and the removal done in a manner to minimize environmental impacts.

9/1/05: MassDEP issued a PAN and UAO to Handford General Contractors, Inc. of Springfield to address the burning of wood waste at its Springfield maintenance facility. Handford was fined $1,500 and ordered to discontinue the activity.

9/1/05: MassDEP issued a NON to the Town of Needham for noncompliance activities at it 1421 Central Avenue Transfer Station. During a routine inspection, it was noted that the Facility had accepted and processed wood waste, and that asphalt, brick and concrete had been crushed at the abutting Department of Public Works yard.

August

8/31/05: MassDEP concluded an agreement to address Southampton failure to comply with permit and regulatory requirements.  Southampton Water Commission began to use a replacement public water supply well prior to meeting specific conditions set by MassDEP, it failed to conduct routine water analyses required in the first year of a well use as a public water source and Southampton inaccurately reported this well use as another on routine reporting forms submitted to the Department. The DEP Order addresses public water source protection and reporting issues. The necessary water quality analy