Enforcement Actions - 2007
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December 2007
12/31/07: MassDEP entered into an Amendment to an existing Consent Order with the City of Northampton for Water Supply violations. The Amendment allows a one-month extension to the existing Order, which requires the construction and operation of a water treatment plant in order to comply with the requirements of the Surface Water Treatment Rule. The plant's operation is also expected to reduce the creation of disinfection byproducts within the water distribution system. Today's Amendment specifically sets a new deadline of January 31, 2008 for the plant to be placed on-line.
12/31/07: MassDEP entered into a Consent Order with a $15,050 Penalty regarding Target Air Systems, Inc for Asbestos violations at 22 Water Street in Natick. MassDEP personnel, in responding to a complaint from the Natick Board of Health, found that Target Air Personnel improperly removed asbestos containing material. MassDEP has agreed, in utilizing the small business policy, to suspend $14,050 of the Penalty pending compliance for a one-year period.
12/28/07: MassDEP issued a Unilateral Order and $55,414.50 Penalty Assessment Notice (PAN) to Margot Xarras for Asbestos, Solid Waste and Wetlands violations on a site off Locke Road in Leominster. Xarras owns the property, where MassDEP identified eight specific violations including the open dumping of asbestos-containing waste and other material. The fill materials resulted in the alteration of wetlands (riverfront area and land subject to flooding). The site abuts the Nashua River, and all work was done without notification (a Notice of Intent) or approval/permits. The current Order contains fifteen corrective action items, and supplements an earlier Order that required specific immediate actions that need to be taken. MassDEP will follow today's Order and PAN with additional investigation, enforcement.
12/27/07: MassDEP entered into an Amended Consent Order with a $7,000 Penalty involving 395 Lynnway, LLC, for Waste Site Cleanup violations at this location in Lynn. The owner and operator of the property requested the Amendment (originally signed on 1/9/07) in order to establish a new and necessary deadline for a phase IV until 10/1/08 and either a final outcome or remedy status no later than 10/1/2009. All other terms of the original Order remain in effect.
12/27/07: MassDEP executed a Consent Order with Doris Baer as Trustee of Farragut Realty Trust for Waste Site Cleanup violations at 3 Topsfield Road in Ipswich. As owners of the property, the Trust failed to submit cleanup reports and final outcome statement by the deadline. Previously, MassDEP had issued a notice of noncompliance on 11/1/07. The Trust contacted MassDEP as the deadline approached and agreed to new deadlines for comprehensive response actions. New deadlines have now been established to return to compliance with the submittal of cleanup reports by 1/31/08; a phase II and III by 12/31/08; a phase IV by 6/30/09; and, a final outcome or remedy status by 12/31/09. Today's Order also contains a $1,000 per-day stipulated penalty provision for noncompliance.
12/27/07: MassDEP entered into a Consent Order with a $30,000 Penalty involving Rosalia Cefalu as Trustee of Solid Realty Trust for Waste Site Cleanup violations at 69-71 Proctor Street in Roxbury (Boston). The Trust failed to submit phase II and III within the deadlines established in a notice of noncompliance issued by MassDEP on 7/11/07. New deadlines have been established, including a final outcome no later than 1/3/10. MassDEP has agreed to suspend $22,500 of the Penalty pending compliance.
12/27/07: MassDEP executed a Consent Order with Anthony Cardone, the owner and operator of 178 Tremont Street in Somerville for Waste Site Cleanup violations. Specifically, the violations were for failure to submit cleanup reports and a final outcome statement within the deadlines. New deadlines have been established in the Order to return to compliance [phase II and III by 10/30/08; phase IV by 5/30/09 and final outcome or remedy status by 1/3/10]. In addition, Cardone agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.
12/26/07: MassDEP executed a Consent Order with a $2,000 Penalty regarding James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland. Lefter, the owner and/or operator of the property, failed to meet deadlines set out in a previous Consent Order executed on 11/12/06. Today's Order now requires an extension submittal by 12/30/07, a phase IV by 10/31/08 and a final outcome by 10/31/09. In addition, there is a stipulated penalty provision of $1,000 per day per violation for any missed deadline.
12/26/07: MassDEP executed a Consent Order with a $5,000 Penalty involving the Andover Village Improvement Society (AVIS) for Wetlands violations at its 6-10 Coventry Lane property in Andover. The property is part of the Amy Gordon Taft Reservation. The violation occurred from significant erosion at a stream culvert crossing, where AVIS members removed a beaver dam. The dam removal was performed after receiving an emergency permit from the Andover Board of Health. However, although the Conservation Commission agent was aware of the activity, AVIS did not request, or receive a WPA emergency permit from the Commission or take adequate precautions to protect adjacent wetland resource areas. The erosive forces within the stream at the culvert "blew out" the earthen cart path over the culvert producing sedimentation downstream and altering the hydrology to the wetlands upstream. Today's Order requires restoration at the culvert crossing including vegetation planting for stream bank stabilization and long-term monitoring. Also, AVIS is required to publish an article titled "Wetlands, Beavers and Permits" in it newsletter describing the event and the importance of the Wetlands Protection Act. Finally, the AVIS "Warden Protocol" will include revisions about educational information and instructions on how to respond to situations that occur in Wetlands jurisdiction. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance.
12/24/07: MassDEP entered into a Consent Order with Lipton, Inc., for Waste Site Cleanup violations at its location in Pittsfield. Today's order supersedes a previous Order executed during May 2007. Today's Order establishes new timelines for submittal of a Phase IV (Final Inspection Report) and a completion statement (Response Action Outcome) as well as other response actions.
12/21/07: MassDEP entered into an Amendment to a Consent Order with the Kripalu Center for Yoga and Health in Stockbridge providing for an extension of the deadline to comply. The amendment establishes a new date (August 1, 2009) for the removal of Well #1 from service due to construction within its Zone I. Kripalu, a Public Water System, will obtain its water from the Lenox Water Department, or from a new groundwater source that complies with the current regulations.
12/21/07: MassDEP entered into a Consent Order with a $2,870 Penalty regarding Ware Oakwood Ltd. Partnership for Water Supply violations in Ware. The owners of the Oakwood Mobile Home Park operate as a Public Water System, failed to complete its sanitary survey inspection required actions. The Partnership has agreed to complete the required actions no later than 1/31/08. MassDEP has agreed to suspend the entire penalty.
12/21/07: MassDEP entered into a Consent Order with a $2,300 Penalty regarding the Commonwealth New Bedford Energy Corp., LLC, for Hazardous Waste Management violations in Dartmouth. A multimedia inspection revealed the company had not complied with waste oil handling requirements and had exceeded the onsite accumulation time allowed for large quantity generators of waste oil. Today's Order ensures compliance with the regulations and the completion of a Supplemental Environmental Project (SEP).
12/20/07: MassDEP entered into a Consent Order with a $5,750 Penalty regarding Dana Wallboard, Inc., for Water Supply violations at 6 Cummings Road in Tyngsboro. Specifically, the company constructed, operated and maintained a public water supply system without prior approval by MassDEP. Today's Order requires that the company's drivers and drivers' helpers to be notified that they can no longer use the facilities in the office, but rather they must use a newly installed portable sanitation device. By doing so, the company will no longer be operating a public water supply.
12/19/07: MassDEP issued a $2,875 Penalty and a Unilateral Order to Richmore, Inc. (d/b/a the 1896 House Restaurant) in Williamstown for Water Supply violations. The company, which operates as a Public Water System, was found to have bypassed its ultra-violet treatment in violation of a consent order, which had required the installation of the disinfection equipment. The bypass was discovered after the system was notified of a positive bacteria test. The order prohibits the bypass of the treatment system and requires modification of the system to provide a physical separation on the bypass line, which was originally installed to facilitate easier maintenance of the system. Today's Order also requires similar modifications at two other facilities owned by the corporation with similar designs.
12/19/07: MassDEP entered into a Consent Order with a $26,000 Penalty involving Resource Control Inc., in Barre. The company is the operator of the Barre landfill where an inspection by MassDEP in February 2007, confirmed odor complaints within the vicinity of the landfill. Problems were identified with the gas collection system as well as the gas flare. Today's Order requires the company to install a fail-safe system for the gas flare ignition system and daily inspections of the gas collection system. MassDEP has agreed to suspend $19,500 of the Penalty pending completion of a Supplemental Environmental Project (SEP). Under the SEP, the company will replace municipal park equipment in a nearby park with new equipment made of recycled materials.
12/18/07: MassDEP issued a Unilateral Order to Auto Body Solvent Recovery Corporation for Hazardous Waste transportation violations. The Company, based in Boston, is engaged in the business of hazardous waste transportation and disposal and holds a hazardous waste transport license. The Company subcontracted with an unlicensed entity to transport hazardous waste, in violation of the terms and conditions of its hazardous waste transport license. Today's Order requires the company to cease and desist from causing, allowing, or suffering any other person to use the company's hazardous waste transport license number to transport hazardous waste to or from any location within the Commonwealth.
12/18/07: MassDEP entered into a Consent Order with an $8,000 Penalty Gennadiy Brutskiy for Asbestos violations at 148 Doty Circle in West Springfield. In response to a complaint, MassDEP inspected a dumpster behind the property and observed several pieces of loose thermal system insulation and one steam pipe insulated with thermal system insulation. Further investigation revealed that Brutskiy had removed the material from his residence and placed them in the dumpster. As part of the settlement, Brutskiy has agreed to conduct cleanup of his cellar and to comply with the asbestos regulations in the future. MassDEP has agreed to suspend the entire penalty pending compliance due to financial hardship.
12/18/07: MassDEP executed a Consent Order with a $31,000 Penalty regarding the Essex Oil Company for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead. As the owner of the property, the company specifically failed to meet deadlines set out in a notice of noncompliance issued on 8/21/03. Today's Order requires a (Immediate Response Action) status report or completion statement by 1/31/08, followed by a phase I tier classification submittal by 3/30/08. MassDEP agreed to suspend $18,500 Penalty pending compliance. IN addition, the Order contains a stipulated penalty provision for any missed deadlines.
12/18/07: MassDEP entered into a Consent Order with a $12,000 Penalty involving Allstate Boiler and Construction, Inc. for Asbestos violations in Amherst. The company, which is based in Farmington, Connecticut, failed to address a series of violations of the asbestos handling regulations at the University of Massachusetts in Amherst. The company conducted work during the summer of 2006, but failed to remove asbestos prior to demolition operations at two sites and allowed their asbestos sub-contractor to use alternate work practices during asbestos abatement operations at two other sites without prior MassDEP approval. The violations were found by MassDEP along with Federal EPA asbestos inspectors. Allstate cooperated with MassDEP in cleaning up four sites, and have not had any additional violations during the University's 2007 construction season. In addition to the Penalty, the company has arranged for asbestos training for their construction managers and site supervisors and has instituted company-wide Best Management Practices to ensure future compliance with all applicable regulations.
12/18/07: MassDEP entered into a Consent Order with Ribeiro Real Estate, LLC, for Waste Site Cleanup violations at 376 Nash Road in New Bedford. The LLC failed to comply with the deadlines established in a notice of noncompliance issued by MassDEP. However, prior to the expiration of that 60-day deadline, the LLC did request additional time to address the violations. Today's Order establishes new deadlines to correct the violations.
12/17/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding the city of Quincy for Waste Site Cleanup violations at 55 Sea Street. The city which owns and operates the property, failed to submit cleanup reports and a final cleanup action (Response Action Outcome) statement within the deadlines. New deadlines have now been set in the Order to return to compliance with the submittal of a phase II by 12/31/08; a phase III by 3/31/09; a phase IV by 9/30/09; a final outcome by 9/30/2010. The city agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.
MassDEP has agreed to suspend $7,500 of the Penalty pending compliance.
12/17/07: MassDEP entered into a Consent Order with Coca-Cola Enterprises Bottling Companies for Waste Site Cleanup violations at its 9 B Street facility in Needham. The current owner of the site failed to meet deadlines set out in a notice of noncompliance issued on 9/19/06. Today's Order requires a fain outcome by 10/31/08. The ACO contains a stipulated penalty provision for missing the deadline.
12/12/07: MassDEP issued a Notice of Noncompliance to the town of Marblehead for Water Quality violations at Stramski Beach in Marblehead. MassDEP, under its bacteria source-tracking program performed a series of site visits to sample and test water quality. The site is a bathing beach utilized by both young and old, and during the summer season there is a community boating program and an on-site summer camp at the beach for young children. An unnamed stream flowing through the site to the beach was sampled from an outfall of the piped stream coming from a residential subdivision. Several points along a 1,200-foot area in a stream leading to the beach were sampled. Consistent with prior years data collected by Salem Sound Coast watch, there were several exceedances of state water quality standards for bacteria. The Town must immediately investigate and address any possible up-stream sources of pollution and develop a water-quality monitoring plan to be reviewed and approved by MassDEP.
12/12/07: MassDEP entered into a Consent Order with a $27,774 Penalty regarding the Estate of Nicholas D. Bonadies for Waste Site Cleanup violations on Colebrook Road in Tolland. Bonadies, the owner of the property, failed to take response actions for a release of oil from an underground storage tank reported in 2004. There had been no written response to 2 notices of noncompliance issued by MassDEP. Under today's Order, the Estate agrees to complete the response actions. MassDEP agreed to suspend $27,000 of the Penalty pending compliance.
12/11/07: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Ralph Shuster Metals for Waste Site Cleanup violations at 40 Forrest Street in Attleboro. The company failed to comply with the terms and conditions of an Activity and Use Limitation (AUL). Specifically, the AUL required that an access road must be paved within one year (of 12/30/05). At the time of site inspection at the property located at 40 Forrest Street, the AUL area was not paved. In addition to the Penalty, the company is required to conduct additional response actions at the site in order to come into compliance.
12/11/07: MassDEP entered into a Consent Order with a $12,500 Penalty regarding Ted Ondrick Company, LLC, for Wetlands violations at 58 Industry Road in Chicopee. The LLC altered 7,800 square feet of riverfront area as well as additional loss or alteration of bordering vegetated wetlands and land subject to flooding as a result of expansion of the business without approval. The violation was discovered through comparison of aerial photographs. Ondrick is required to nominate an environmental consultant, submit a mitigation plan and implement the plan. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.
12/11/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Apple Tree D'Or, Inc., for Solid Waste and Wetlands violations at Morton Street in Boston. Specifically, the company accumulated trash, street litter and other debris without the proper permits, plans and the proper site assignment. Also, the company altered approximately 2,500 square feet of bordering vegetated wetland on their property. The solid waste material will be tested, and if below contaminated thresholds, sent to the Route 99 interchange in Everett (the Department of Conservation and Recreation has approved and will accept the material). The altered wetlands must be fully restored. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.
12/11/07: MassDEP issued a Unilateral Order to Hardwick Landfill, Inc. for Wetlands violations at the site in Ware. The company is required t to cease and desist further discharge of sediment into areas subject to protection in the Wetlands Protection Act and to stabilize the area to prevent further impacts. Erosion from an ongoing landfill-closure operation caused sandy material to flow into resource areas including riverfront area, bordering land subject to flooding, bank, and land under water. The company was advised that this matter is subject to additional investigation and potential penalties and remedial work.
12/10/07: MassDEP issued a notice of noncompliance to the city of Lawrence for Water Pollution Control violations. Under the Bacteria Source Tracking Program, MassDEP staff observed sewage odors and what appeared to be sewage fungus along several hundred feet of an unnamed tributary to the Shawsheen River. The tributary is located near the South Lawrence East Elementary School. Sampling confirmed elevated e coli (bacteria). Today's notice requires the city to identify and eliminate the wastewater sources from the storm-drain system tributary to the stream, as well as direct/indirect wastewater connections.
12/10/07: MassDEP issued $500 Penalty Assessment Notices to the following public water systems for Drinking Water violations: First Religious Society; Gloucester Water Department; Groveland Water Department; Middleton Golf Course II and the Mill Brook Country Day School. These systems had been issued Notices of Noncompliance in October 2007 for failure to collect and/or report required water quality samples, and did not take the required actions to return to compliance.
12/10/07: MassDEP concluded a Consent Order with an $8,625 Penalty involving eco/Springfield, LLC, for Air Quality violations in Agawam. The company operates a waste-to-energy facility at 188 M Street. The violation (involving exceedence of mercury emission limits) was discovered during regularly scheduled emissions tests. The facility is required to conduct quarterly emissions tests for mercury and to comply with its mercury emission limit. The first quarter of 2006 contained one individual test run for which the result was abnormally high, causing the subsequent four-quarter rolling average for mercury emissions to exceed the allowable limit. This test failure was caused by a malfunction in the facility's carbon injection unit. Subsequent emissions testing have demonstrated full compliance with the facility's allowable limits.
12/10/07: MassDEP entered into a Consent Order with an $18,000 Penalty regarding Belkis and Raphael DeLeon for Asbestos violations in Springfield. Belkis DeLeon of Methuen, Raphael DeLeon of Lawrence, violated state asbestos regulations at 25 Whittier Street, a rental property owned by Raphael DeLeon. Belkis DeLeon, Raphael's sister, directed the local manager of the property to hire someone to replace an asbestos-insulated boiler with a new boiler. Because the boiler was replaced without instituting the appropriate asbestos handling and disposal procedures, MassDEP found extensive asbestos contamination within the stairwell and basement of the building, as well as outside of the building and in the City's wheeled trash containers. At the MassDEP's directive, DeLeon retained a licensed asbestos abatement contractor to clean up the property. Stipulated penalties have been established if any further violations occur over the next two years.
12/10/07: MassDEP executed a Unilateral Order to William Eaton, Trustee of the 81 Rabbit Road Realty Trust in Salisbury for violations of the Wetland Protection Act including alteration of 2,500 square feet of Bordering Vegetated Wetland (BVW). In addition, the Trust failed to perform wetland restoration on the site and pay a penalty as agreed to in an earlier Consent Order (2/22/07). Today's Order establishes new deadlines for wetland resource area delineation, submittal and implementation of full BVW restoration plan and schedule, and, long term monitoring.
12/10/07: MassDEP issued a $30,000 Demand Letter for Stipulated Penalties to Arthur C. Lamb Company, Inc., for Waste Site Cleanup violations at 61-85 Jackson Street in Canton. The company violated the conditions in a previously agreed upon Consent Order.
12/7/07: MassDEP executed a Consent Order with a $10,300 Penalty regarding MacDermid Printing Solutions, LLC, for Waste Site Cleanup violations at 10 Harmony in Adams. The LLC was required, under an Activity Use and Limitation on the property, to maintain a protective cover over a part of the area to prevent direct contact with soil containing petroleum hydrocarbons. An audit inspection identified that a portion of the protective cover had been damaged, apparently during a spring rain event, exposing underlying soil and damaging a portion of a culvert containing Fisk Brook, which underlies the protective cover. Today's Order requires a plan, subject to MassDEP approval, to permanently repair the protective cover.
12/6/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving the National Water Main Cleaning Co. for Industrial Waste Water violations in Wakefield. The company is part of a nation-wide network of companies (Carylon Corp.) that provide municipalities with sanitary sewer lining and manhole rehabilitation services. The company was conducting manhole rehabilitation work in Wakefield when a National employee caused waste sewer lining concrete and concrete-laden wastewater to be discharged onto the bank and into a tributary to the Saugus River in Wakefield. The state's Environmental Strike Force investigated the violations. The company has now agreed to take immediate steps to prevent Industrial Wastewater from reaching surface waters of the Commonwealth. In addition, they must provide evidence that its employees have been trained in the proper management of waste material. The material in the Mill River will be cleaned in accordance with established procedure. MassDEP has agreed to suspend $10,000 of the Penalty pending compliance.
12/5/07: MassDEP has entered into a Consent Order with Shawn M. Renihan for Asbestos violations in Worcester. MassDEP observed the violations by Renihan of Oxford (d/b/a R&S Roofing) during a renovation project on Lafayette Street in Worcester. Dry, broken asbestos transite shingles had been improperly removed and then stored at the site. Today's Order requires future compliance with all applicable regulations at any future projects. Based upon a satisfactory demonstration of a financial hardship condition, the entire administrative penalty exposure was suspended for one year provided that no additional violations of the Order or other cited regulations occur.
12/5/07: MassDEP entered into a Consent Order with a $500 Penalty regarding Dong Tien Huynh for Solid Waste violations in Oxford. MassDEP observed during a 6/27/07 inspection, that Huynh of Auburn (d/b/a Alec Huynh Landscaping) at property he owns on Southbridge Road in North Oxford was in violation due to construction and demolition materials had been disposed of at the site. The location is neither site-assigned nor permitted by MassDEP for such activity. The Order requires the proper removal of the materials from the site, the subsequent disposal of those materials at a licensed facility, and payment of the Penalty.
12/5/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding John H. Magill for Solid Waste violations at his Providence Road property in Grafton. MassDEP found during a May 2007 inspection that waste asphalt materials had been stored and/or disposed of at the site, which was neither site-assigned nor permitted for such activity by MassDEP. A subsequent inspection conducted to verify the removal of that material revealed the presence of multiple piles of other construction and demolition materials at the site. In addition to the Penalty, today's Order requires the proper removal of all materials from the site and the subsequent disposal of those materials at a licensed facility.
12/5/07: MassDEP entered into a Consent Order with the town of Hadley for Water Supply violations specifically, repeat detections of total coliform (bacteria) in its community public water system. The results of the detections in August and October meant that Hadley registered as significant noncompliance (as defined in Massachusetts requirements). Hadley will report on the cause of the incidents and will take required corrective actions.
12/5/07: MassDEP entered into a Consent Order with a $1,725 Penalty regarding SEMASS Partnership, 141 Cranberry Highway in West Wareham, for Asbestos violations. The violations involved the SEMASS Braintree transfer station, which accepted special waste (asbestos) they were not permitted to take.
12/4/07: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Patrick V. Marasco Jr., for Wetlands violations at 102 Baldpate Road in Boxford and 184 Nelson Street in Georgetown. The violations by Marasco were initially identified through aerial surveillance (Wetland Change Initiative). Upon inspection, MassDEP confirmed that approximately 8,276 square feet of bordering vegetated wetland had been altered by removal of trees, maintenance mowing and construction of a fence to enlarge an area for keeping three horses. Marasco had previously been issued a Unilateral Order along with a Penalty regarding these violations. Marasco did appeal nor meet the conditions specified. Instead, today's Order supersedes and resolves those previously issued actions. Under today's Order, Marasco is required to remove the fence, restore the entire altered area, conduct and submit long term restoration monitoring on both properties. MassDEP has agreed to suspend $13,000 of the Penalty pending full compliance with the Order by 10/31/12.
12/3/07: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Nissenbaum's Auto Parts, Inc., for Waste Site Cleanup violations at 480 Columbia Street in Somerville. As the owner and operator of the property Nissenbaum's failed to meet deadlines set out in a previous Consent Order dated 8/25/06 (along with later Amendments). Today's Order requires an status or completion statement by 12/30/07 and a final outcome by 6/1/09.IN addition to the Penalty, there is a provision for additional penalties if any deadlines are missed.
12/2/07: MassDEP executed an Amendment to an existing Consent Order with a $2,000 Penalty involving the Estate of Charles N. Balestraci for Waste Site Cleanup violations at 6 Jewett Street in Rockport. The Estate is the current owner of the property and specifically, the Amendment extends the deadline for submittal of a phase IV and final outcome. The extension is based on the claim that groundwater samples are un-obtainable due to current drought conditions in the area. The Amendment requires a phase IV by 10/1/08 and either a phase V or final outcome for the site by 5/1/09.
November 2007 11/30/07: MassDEP executed a Consent Order with Chudy Oil Company, Inc, for Waste Site Cleanup violations at its Palmer facility. Gerald Chudy, as vice president of the company, agreed to the correct the violations that involved a failure to delineate the nature and extent of contamination, including the presence and distribution of non-aqueous phase liquids, the extent of contaminated soils, and the evaluation of potential vapor pathways. Today's Order establishes deadlines for performance of sub slab soil gas testing, quarterly groundwater gauging, soil tests, sampling of wells and a Stage I analysis of environmental risk to the Quabog River.
11/30/07: MassDEP executed a Consent Order with a $10,225 Penalty involving Lisa M. Pappalardo for Wetlands violations at 221 Tyler Street in Methuen. The violations were noted using aerial photography, and subsequently observed during a site inspection. The violations include filling and grading of 2,086 square feet of bordering vegetated wetland with wood chips up to 12 feet deep in some areas for horse paddocks. Pappalardo also constructed a 65 X120 indoor riding arena in the buffer zone. None of this work was authorized. Today's Order requires full restoration, long-term monitoring and reporting in addition to compliance with an approved operation and maintenance plan for the equestrian center business operations on the property. MassDEP has agreed to suspend $8,225 of the Penalty if the site remains in full compliance by 10/31/12.
11/29/07: MassDEP issued a $25,795.50 Penalty Assessment and Unilateral Order to Killion Brothers Excavation Enterprises, Inc. for both Wetlands and Waste Site Cleanup violations at two locations, 35 Beech Street and 45 Idlewild Road in Tewksbury. The wetlands violations, including alteration of approximately 2,500 square feet of bordering vegetated wetland plus alteration to bordering land subject to flooding and riverfront area on his property at 35 Beech Street. The Waste Site Cleanup violations were noted on the property at 45 Idlewild Road. Today's Order requires appropriate clean-up actions to be taken, with necessary filings and submittals made to MassDEP. In addition, full restoration of the impacted area along with long-term monitoring will be required.
11/29/07: MassDEP issued a $14,000 Penalty Assessment to James Killion (as individual) for Wetlands violations at 35 Beech Street in Tewksbury. The violations include alteration of approximately 2,500 square feet of bordering vegetated wetland plus alteration to bordering land subject to flooding and riverfront area.
11/29/07: MassDEP entered into an Amended Consent Order with a $5,000 Penalty for Waste Site Cleanup violations involving the former Tidd's Junkyard in Georgetown. Today's Order involves Georgetown West Realty Trust with Richard Morello and Jean Paquin as trustees. An earlier agreement (7/2/07) to cleanup the site resulted in a failure to comply with the deadlines. A modified Phase II and Phase III Reports and submittal of a permit extension application did not occur. Today's amended Order adds an additional $5,000 onto the existing penalty amount and extended the deadlines for submittal of Phase II through Phase IV reports.
11/29/07: MassDEP entered into a Consent Order with Ralph Cerundolo as Trustee of RC Realty Trust, for Waste Site Cleanup violations at 1092 Massachusetts Avenue in Arlington. Specifically, the Trust failed to meet deadlines set out in a notice of noncompliance issued on 8/28/07. Today's Order requires an immediate response action plan by 12/31/07, a phase II report by 6/30/09, a phase III report by 12/31/09, a phase IV report by 6/30/10 and a final statement by 12/31/10. There is also a provision for penalties if any deadlines are missed.
11/29/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving Swan Cleaners, Inc., for dry-cleaning/Environmental Results Program violations at its West Bridgewater facility. The company has agreed to correct the violations that involved the discharge of wash water from a washing machine. MassDEP has agreed to suspend the Penalty pending compliance.
11/29/07: MassDEP entered into a Consent Order with a $38,000 Penalty involving Rafic Saadi as Trustee of Tony and Son Real Estate Investment Trust for Waste Site Cleanup violations at 75 Swan Street in Methuen. Specifically, the violations involve the failure to submit cleanup reports on gasoline (petroleum) contamination identified at the property in 1997. The current owner purchased the property in 1999. The Trust has now agreed to new cleanup deadlines including completion of cleanup no later than 12/31/09. MassDEP has agreed to suspend $26,000 of the Penalty pending compliance.
11/28/07: MassDEP entered into a Consent Order with Berkshire School for Water Supply violations at its facility in Sheffield. The School, which functions as a public water system, has operated with a Declaration of Water Emergency following the failure of a well. The School has agreed to replace the well and will be adding backup storage to its system to be completed in 2008. While this work is underway, conservation measures will be undertaken.
11/28/07: MassDEP issued a $2,000 Penalty Assessment to ACT Abatement Corporation for Asbestos violations at Middleton Colony Power Plant in Middleton. MassDEP cited ACT, which is based in Lawrence, for violations at the power plant observed during an inspection. ACT personnel were seen handling dry, friable, asbestos containing material in violation of the regulations.
11/28/07: MassDEP executed a Consent Order with a $1,000 Penalty involving the city of Springfield/Roger Putnam Vocational High School for Waste Site Cleanup violations at the facility in Springfield. The city failed to provide timely notification of a release of #6 fuel oil at the Putnam Vocational High School. The City had received information (an environmental assessment report) in October 1999 regarding the presence of oil contamination in soil at the school exceeding reportable concentrations. In addition to the Penalty, the city has agreed to review its files to verify that no additional release conditions for which notification has not been provided exist, and implement a system to track environmental compliance for all its facilities.
11/27/07: MassDEP executed a Consent Order with a $33,000 Penalty involving Malden Crossing LLC, for Waste Site Cleanup violations at 178 Eastern Avenue in Malden. As owners of the site, the LLC failed to submit cleanup reports on the site's status. This site has been in the system since 1996. Today's Order will lead to the cleanup of petroleum-contaminated groundwater and soil that was first reported when a 1,000-gallon underground storage tank was removed. In addition to leaking oil, the site was found to have elevated levels of lead. MassDEP has agreed to suspend $23,000 of the Penalty pending compliance.
11/27/07: MassDEP entered into a Consent Order with a $33,000 Penalty involving Waste Site Cleanup violations at 19-21 Haverhill Street Realty Trust in Methuen. Carlos Fakhri as trustee, failed to meet deadlines set out in a Notice of Noncompliance issued on 12/13/06. Today's Order requires a tier II extension submittal by 11/30/07, an immediate response action plan by 12/30/07, a phase II report by 8/30/08, a phase III report by 11/30/08, a phase IV report by 2/28/09 and a final outcome statement no later than 8/30/09. MassDEP has agreed to suspend $25,500 of the Penalty pending compliance.
11/27/07: MassDEP entered into a Consent Order with a $6,037 Penalty involving Hollingsworth + Vose for Solid Waste violations at its facility in Walpole. Specifically, the company was in violation due to the Land Application of Sludge and Septage. A multi-media inspection revealed that Hollingsworth + Vose of Walpole failed to receive approval from MassDEP prior to the composting and reuse/distribution of the short-paper fiber-waste material that was being composted at the Lorusso Corporation facility. In addition to the Penalty, the company agreed to cease the transfer of the short paper fiber waste material to any facility for composting or beneficial use until such time that the facility obtains approval.
11/27/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving Norwell Cleaners Inc for Environmental Results Program violations in Norwell. The company has agreed to correct the violations that involved the discharge of wash water from a washing machine. MassDEP has agreed to suspend the Penalty pending compliance.
11/26/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Waverly Oaks Golf Club, Inc for Water Management Act violations at its location in Plymouth. The club failed to obtain a Water Management Act Permit for the withdrawal of water in excess of the threshold volume. Waverly Oaks operates a 27-hole public golf course at 444 Long Pond Road in Plymouth. In addition to the Penalty, Waverly Oaks agreed to reduce withdrawal amounts to below threshold, pending the outcome of the permit application process. If the Department denies Waverly Oaks a permit, the club shall submit a report to MassDEP of measures to be taken to ensure that the withdrawal is maintained below the permit threshold.
11/20/07: MassDEP entered into a Consent Order with a $47,412 Penalty involving Anthony and Joanne Gendron for Asbestos violations in Shirley. MassDEP noted the violations during the removal of asbestos exterior siding. MassDEP inspected the site, as a result of a complaint, and found that Gendron improperly removed the asbestos containing siding, without notification to MassDEP, and disposed of the dry, broken, uncontained asbestos waste materials at an abandoned building next door to this work site MassDEP has agreed to suspend the entire Penalty pending a demonstrated financial hardship, and provided there are no further violations within a year.
11/20/07: MassDEP entered into a Consent Order with a $20,000 Penalty regarding the North Acton Treatment Corporation (NATC) for Water Pollution Control violations involving its wastewater collection and treatment system at Nagog Park Development in Acton. Monitoring reports submitted on behalf of NATC reveal that there were repeated effluent and flow limit violations, due in part to excessive infiltration and inflow into the NATC sewer system. In March, 2007, MassDEP issued a Unilateral Order to NATC in response to sewer overflows at its pump stations. The Order required NATC to conduct daily inspections of the pump stations and take immediate corrective action to prevent further overflows. Under the terms of today's Order NATC will now upgrade its facility, repair the pump stations and remove inflow and infiltration entering the sewer system. In addition to the Penalty and the corrective steps, NATC will conduct a Supplemental Environmental Project that will educate users of public and private sewer systems in Acton. The project will help to address a number of operational and maintenance issues. This enforcement action ensures that 200,000 gallons per day of wastewater will be properly treated.
11/20/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Estes Express Lines for Waste Site Cleanup violations in Millbury. The company - which is based in Richmond, Virginia - failed to notify MassDEP of a sudden release of diesel fuel within 2 hours and failed to perform a timely Immediate Response Action. The release occurred at the company's facility in Millbury and resulted from a leaking diesel saddle tank. Diesel fuel flowed onto the pavement and into a storm drain and traveled to a retention pond and a second pond. In addition to the Penalty, Estes has agreed to train its drivers and dispatchers on release notification and to install spill response kits in its vehicles and at its facilities.
11/20/07: MassDEP entered into a Consent Order with a $18,312 Penalty involving Accolade Environmental for Asbestos violations at its Worcester facility. The company - which is based in Kingston, New Hampshire - was cited for violations observed during inspections of an asbestos removal project that the company conducted at 6 New Bond Street (Liberty Properties) in Worcester. The company is a licensed asbestos contractor, but it failed to adequately seal the work area and use sufficient air filtration while conducting the abatement work. MassDEP has agreed to suspend $8,312 of the Penalty pending compliance and provided no further violations occur within the next year.
11/20/07: MassDEP signed Settlement Agreements with Wheelabrator Saugus, J.V. and Wheelabrator North Andover Inc., whose representatives had signed on 11/16/07. The Agreements concern Wheelabrator's municipal waste combustor facilities in North Andover and Saugus. In December 2004 MassDEP issued operating permits for each facility. In January 2005, Wheelabrator appealed both. Subsequently, the parties engaged in lengthy settlement discussions, culminating in MassDEP's proposal to revise several terms in each permit. Both parties agreed that those revisions would resolve the issued raised in Wheelabrator's appeal and final permits were issued (10/19/07) that supersede previously -issued permits.
11/20/07: MassDEP entered into a Consent Order with Avalon Cohasset Incorporated for Waste Site Cleanup violations at 155 King Street in Cohasset, specifically the failure to comply with the deadlines established in a Notice of Noncompliance (NON). MassDEP identified violations (Class II) of the requirements associated with a Response Action Outcome (RAO) Statement at the site as a result of a comprehensive audit. A 60-day deadline was established for the correction. While a request for an extension was received prior to the expiration of the deadline, today's Order establishes written deadlines to correct the violations.
11/19/07:MassDEP executed a Consent Order with a $3,500 Penalty involving R.M. Sullivan Transportation, Inc for Waste Site Cleanup violations in Springfield. The company is the operator of the Sulco Public Warehouse in Springfield. The operator failed to properly notify MassDEP of a release of up to 50 gallons of diesel fuel that occurred at the company's warehouse property at 9:00 PM on 6/11/07.
11/19/07: MassDEP terminated the Declaration of Water Emergency and Boil Order for Pine Valley Plantation Mobile Home Park in Belchertown. The Boil Order for this facility - a Mobile Home Park for ages 55 and older - following the repair of several breaks in its distribution system and clean bacteria samples. MassDEP will continue to review additional bacteria results and provide on-site assistance to the Park in dealing with the loss of its drinking water. Also, MassDEP will work to assist in locating chlorine, and disinfecting and chlorinating the storage tank to get the system back on line.
11/17/07: MassDEP entered into a Consent Order with Rapids Restaurant for Water Supply violations in Huntington. The Order addresses certain requirements previously identified in a sanitary survey and required by MassDEP in order to ensure compliance with regulations.
11/16/07: MassDEP entered into a Consent Order with Lifoam Industries, LLC, for Air Quality violations at its facility at 2 Fifth Street in Peabody. The company manufactures expandable polystyrene foam products and on 11/9/07 a Lifoam representative contacted MassDEP and reported that an integral part of the facility's volatile organic compounds (VOC) air pollution control device (APCD) failed earlier that day. Lifoam then immediately ceased manufacturing operations. Additional information provided to MassDEP indicated that the repairs to the APCD would take no longer than 30 days to complete. Also, that a conservative estimate indicates that no more than 6 tons of uncontrolled VOC will be emitted during the repair period. Today's Order allows Lifoam to temporarily commence manufacturing operations, provided Lifoam uses best practices to minimize VOC emissions, maintain a record of all VOCs emitted during the repair period on-site and purchase, utilize and/or relinquish all VOC emission reduction credits sufficient to address the situation (on a one-for-one basis rounded to the next highest whole number); and, to balance off all excess VOC emissions, within sixty days of today.
11/15/07: MassDEP issued a Drinking Water Emergency Declaration to Huntington Water Department in Huntington. The declaration to this community public water system is necessary in order to allow a customer, a Health Center, to arrange with an approved bulk hauler to deliver water during such time that a water main is out-of-service during necessary repairs.
11/15/07: MassDEP entered into a Consent Order with John Dallas, Inc [ d.b.a. Fabricare House] for Waste Site Cleanup violations at 32 Pond Street in Norwell. Previously, on 9/26/03, MassDEP received a report that stated a remedy status had been achieved and a remedial system would be relied on to provide active operation and maintenance for the purpose of achieving a permanent solution. Since then, a database review by MassDEP indicated that no subsequent submittals have been made regarding the site, and on 4/12/07, MassDEP issued the violator a Notice of Noncompliance establishing a deadline for either affirming that status or providing final closure if applicable. Today's Order establishes a deadline of 2/1/08 for violations to be corrected.
11/14/07: MassDEP entered into a Consent Order with Sterling Nursery School, Inc., for Water Supply violations in Sterling. The School was serving as an unapproved public water supply. Today's Order establishes an enforceable schedule for development of an approved non-transient, non-community public water supply system for this facility. Today's Order requires the owners to operate the on-site well in accordance with the requirements for a public water supplier and complete required upgrades to the well to maintain the safety of the supply. Given site conditions, the owners agree not to increase water usage beyond 1,200 gallons per day. All told, the actions taken will ensure that the 80 students and staff will continue to receive a safe water supply.
11/14/07: MassDEP entered into a Consent Order with Brendon Properties Two, LL for Water Pollution Control violations in Northborough. Today's Order modifies the conditions of a previously issued sewer extension permit held by the LLC. The modifications establish an enforceable arrangement for phased development of a commercial/residential complex near route 20 known as the Loop. Each phase of development, henceforth, shall correspond to the removal of infiltration and Inflow (I/I) from the Northborough sewer system, i.e. 140,000 gallons per day of I/I will be removed from the system through this process.
11/14/07: MassDEP entered into a Consent Order with a $1,600 Penalty involving Community Garage and Autobody, Inc., for Air Quality (Stage II Vapor Recovery) violations in Pepperell. During a recent inspection, MassDEP determined that the company failed to perform timely in-use compliance tests on its vapor recovery system and failed to have a current record of all persons trained to operate the system. In addition to the Penalty, the company has agreed to correct all violations.
11/14/07: MassDEP executed a Consent Order with a $29,898 Penalty involving Incom, Inc., for Hazardous Waste and Toxics Use Reduction Act violations in Charlton. The company was found to be treating (evaporating) hazardous waste, accumulating hazardous waste in excess of time limits and failing to have complete hazardous waste training and contingency plans. In addition, the company failed to complete a Toxics Use Reduction plan. Today's Order requires the company to maintain compliance with applicable regulations. MassDEP has agreed to suspend $7,498 of the Penalty pending implementation of an Environmental Management System. The action ensures that the company (a Large Quantity Generator) will properly manage its materials and waste and comply with all applicable regulations.
11/14/07: MassDEP entered into a Consent Order with a $3,000 Penalty involving 89 Commercial Road LLC, for Solid Waste violations at its Leominster property. During a May, 2007 inspection, MassDEP personnel observed the presence of crushed concrete, which had been crushed following demolition of a building on the site. The LLC has agreed to cease these activities, conduct concrete sampling and lead testing and provide MassDEP with documentation.
11/14/07: MassDEP entered into a Consent Order with Mansfield Housing Authority (MHA) for Waste Site Cleanup violations at 15 Park Street in Mansfield. The MHA is a governmental entity under the purview of the Massachusetts Department of Housing & Community Development. The MHA failed to comply with the deadlines established in a Notice of Noncompliance related to cleanup of the property. After MassDEP audit of the cleanup, a 60-day deadline was established for correction of the violations. Prior to the expiration of the deadline, MassDEP received a request from the MHA for additional time. Today's Order establishes new deadlines to correct the violations.
11/13/07: MassDEP issued a Boil Water Order to Pine Valley Mobile Home Park in Belchertown. MassDEP issued the Order due to negative pressure in the Park's distribution system. As of 11/14, the Park had water in its system and is working to keep pressures up, adding chlorine and sampling.
11/13/07: MassDEP entered into a Consent Order with a $5,750 Penalty regarding CIP Hyannis, LLC for Air Quality violations at 350 Stevens Street in Hyannis. The company failed to submit within 10 days prior to the demolition operation to MassDEP for demolition of a commercial building containing friable asbestos material (pipe insulation). The commercial building was located at 350 Stevens Street in Hyannis and was demolished as part of a new mixed-use commercial and residential development project.
11/13/07: MassDEP entered into a Consent Order with a $750 Penalty involving RMD Drywall for Water Pollution Control violations in Springfield. The company manufactures drywall sheets and was found to be discharging drywall wash water residues to a storm drain. In addition to the Penalty, the company has agreed to cease such discharges.
11/9/07: MassDEP has entered into a Consent Order with Wheelock College for Waste Site Cleanup violations at 43 Hawes Street in Brookline. The College failed to submit cleanup reports on a petroleum release from 3/12/ 02. MassDEP issued a notice of noncompliance to the College on 5/8/07. Today's Order will lead to the cleanup of petroleum-contaminated groundwater and soil emanating from the removal of several underground storage tanks.
11/9/07: MassDEP entered into a Consent Order with Sunset Farm Enterprises for Water Supply violations in Tyringham. Sunset Farm Enterprises functions as a public water system and has proposed expansion plans. The facility will need to install a new source for its operations.
11/9/07: MassDEP issued a Boil Water Order to Clover Hill Country Store (a public water supply) in Hardwick. MassDEP issued the order following total coliform and e-coli bacteria detections in the drinking water. The facility is a transient non-community system. The owner plans to replace the source. MassDEP assisted the owner in obtaining a temporary chlorinator from the town of Ware and also assisted in the installation of the chlorinator.
11/9/07: MassDEP issued the Declaration of a Drinking Water Emergency for Pine Valley Mobile Home Park in Belchertown. MassDEP issued this community public water system this Declaration in order to allow the system to bring in an approved bulk hauler delivery of water for residents. The park is a 55 and older community, with a population of about 500.
11/9/07: MassDEP entered into an Amended Consent Order with Rugg Road Realty Trust, the owner of the former "Albany Carpet Cleaners" site, 20-32 Rugg Road in Allston (Boston). The company agreed - in this, the third Amendment to the existing Administrative Consent Order for the site - to certain extended deadlines for cleanup reports. MassDEP granted the deadline extensions based on progress in abating indoor-air hazards, and provided there are no changes to deadlines for submittal of final outcome actions. Rugg Road Realty Trust must continue the Immediate Response Actions and other cleanup work at the site, and is still required to attain a (final) Response Action Outcome or a Remedy Operation Status by 5/30/08 for all but one of the site's releases. The timeline for the remaining release will also become enforceable if the IRA for this release is not completed by 5/12/08. The 20-32 Rugg Road property encompasses several inter-connected buildings with multiple tenant spaces, including limited residential usage.
11/9/07: MassDEP terminated the 1998 Consent Order with the town of Amesbury at the request of the mayor's office (Town of Amesbury). The Order established a sewer moratorium since 1986. MassDEP was responsible for overseeing a sewer bank in which the town would remove Inflow and Infiltration (I/I) into the sewer collection system. Under this Order, the town removed hundreds of thousands of gallons in 20 years of I/I work. In 1998, the Order also required the town to upgrade their wastewater treatment plan, which cost the town millions of dollars. The upgrade work increased the town's flow limit in its NPDES (surface water discharge) permit from 1.9 million gallons per day (mgd) to 2.4 mgd in 2006. The improvement was necessary as the old plant would wash out solids during heavy rainstorm events and violated its NPDES permit for several of its permit limits including flow and total suspended solids, which negatively impacted the Merrimack River. With the completion of plant upgrades and I/I removal work, the town has now completed all of its requirements and is in full compliance with its NPDES permit for over the last six months.
11/7/07: MassDEP entered into a Consent Order with the Town of Hingham for Water Management Act violations at its South Shore Country Club. The club failed to obtain a Water Management Act Permit for the withdrawal of water in excess of the threshold volume. The Town of Hingham operates South Shore Country Club, an 18-hole municipal golf course at 274 South Street. Under today's Order, the club is required to file appropriate permit application material within ninety days.
11/7/07: MassDEP entered into a Consent Order with Energy North Inc. for Waste Site Cleanup violations at 197 Essex Street in Swampscott. Today's Order includes timelines for submittal of a tier II classification, phase reports and a final outcome in order to fully return the site to compliance. This site has been in the system since 1996. This enforcement action will lead to the cleanup of petroleum-contaminated groundwater and soil that was first noted during the removal of several underground storage tanks.
11/7/07: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Jim Boyle Construction for Wetlands violations in Southampton. Boyle Construction violated its Superseding Order of Conditions (SOC) for a residential subdivision. Hay bales surrounding a bridge crossing had not been properly maintained and Boyle was working in the Riverfront Area without the required compliance monitor. No evidence of impacts to resource areas were observed as a result of the violations. A follow up inspection a few days later showed the hay bales to have been replaced and the compliance monitor on-duty.
11/7/07: MassDEP issued a Notice of Intent to Assess an Administrative Penalty of $80,586 to Harold B. Wassenar for Hazardous and Solid Waste Management violations in Uxbridge on his 100+ acre property located off Route 122 [see next item].
11/6/07: MassDEP issued a Unilateral Order to Harold B. Wassenar for Hazardous and Solid Waste Management violations in Uxbridge on his 100+ acre property located off Route 122. A multi-media inspection by MassDEP initially conducted under an administrative warrant in November of 2005, coupled with the results of a subsequent November 2006 re-inspection disclosed a total of 28 Hazardous Waste Management and Solid Waste Management violations. Today's Order requires Wassenar to immediately cease receiving or transporting any hazardous and/or solid waste materials from the site; retain a licensed hazardous waste transporter to characterize all waste materials; and, then transport those wastes to a licensed facility within 30 days. Additionally, Wassenar must retain a Massachusetts registered Professional Engineer to prepare an evaluation of all solid waste materials and impacts at the site and submit to the Department a plan of corrective actions for approval, and within 60 days of receiving that approval, remove all solid waste materials to a licensed facility.
11/6/07: MassDEP entered into a Consent Order Fire District #2 for Water Supply violations in South Hadley. The District exceeded maximum contaminant level for total coliform bacteria in September 2007. This public water supplier is a significant non-complier as a result of the September 2007 exceedance and previous exceedances in late 2006. The District must submit a report detailing the likely cause and its proposal for preventing further detections. The most recent problem was isolated to an occurrence at a greenhouse building connected to the distribution system.
11/6/07: MassDEP executed a Consent Order with Fresh Pond Gulf, Inc, for Waste Site Cleanup violations at 260 Lexington Avenue in Cambridge. The company owns operates the facility at this location. Under today's Order, the company will submit (no later than 7/30/08) a phase I report and a tier classification in order to meet Waste Site Cleanup requirements. In the event of non-compliance with today's Order, Fresh Pond Gulf. Inc. has agreed to pay $1,000/day in stipulated penalties.
11/6/07: MassDEP executed a Consent Order with $30,000 Penalty involving Albert V. Haytayan as Trustee of Viken's Real Estate Trust for Waste Site Cleanup violations at 14 Elm Street in Waltham. Specifically, the violations were for failure meet deadlines set out in a MassDEP notice of noncompliance issued on 6/9/04. Under today's Order the Trust is required to submit an immediate response action plan by 12/30/07; and, a phase I report and tier classification by 6/30/08. MassDEP has agreed to suspend $20,000 of the Penalty pending full compliance. Today's Order also contains a provision for stipulated penalties in the event of missed deadlines.
11/5/07: MassDEP entered into a Consent Order with the Wequassett Inn regarding Water Pollution Control violations at its facility in Harwich. Today's Order allows a limited number of additional hotel (rental) units prior to the construction of a wastewater treatment facility, while ensuring a strict timeline of 2009 for completion of the facility. The Inn is a resort and golf club located on Pleasant Bay in Harwich and has recently received federal (EPA) approval for its nitrogen discharge limits. The Inn is allowed a modest expansion, but is now required to obtain a groundwater discharge permit (for septic systems). The agreement allows the Inn limited expansion during 2008 season but with the provision that it must have the wastewater facility operational by 2009. At that time, the facility will be treating sewage to a much cleaner and higher degree thus significantly reducing pollutant loads to Pleasant Bay.
11/2/07: MassDEP executed a Consent Order with Richard O'Neil and Carol Gilmour for Wetlands violations in Otis. Today's Order resolves the improper installation of a culvert at their property by a prior owner. While the prior owner obtained approval to install a culvert, a longer culvert was installed. This resulted in more substantial land under wetlands and waterways impacts as well as bordering vegetated wetlands impacts. Today's Order provides for the restoration of the land under wetlands and waterways and BVW and provides an option to install a new crossing provided it complies with the current Massachusetts River and Stream Crossing Standards.
11/1/7: MassDEP entered into a Consent Order with a $39,150 Penalty regarding Compliance Corporation of Stoughton AND the United Industrial Services of Meriden, CT for Hazardous Waste (transporter) violations. Both are divisions of United Oil Recovery, Inc. of Meriden, Conn. A multi-media inspection by MassDEP found these divisions were not in compliance with certain hazardous waste management, transportation and recordkeeping requirements. In addition to the Penalty the company has agreed to comply with all applicable regulations.
October 2007 10/31/07: MassDEP issued a Unilateral Order to the Winnetu Inn for Water Pollution Control (septic/Title 5) violations in Edgartown. During a MassDEP inspection it was noted that off-site odors were emanating from the Winnetu's on-site Title 5 wastewater disposal system. The Winnetu uses a large Title 5 system, over 10,000 gallons per day, to manage its wastewater. The Order requires the Winnetu to have a certified inspector evaluate the system for performance and engage an odor control expert to address the problem.
10/31/07: MassDEP issued a Demand Notice for $1,300 relative to a Suspended Penalty Payment involving Stephen Ando Paull Contractors, Inc. at 95 Turnpike Street in West Bridgewater. The company failed to comply with the terms and conditions of prior Consent Order issued on 6/13/07. At that time the Penalty involved $2,300, with$1,300 suspended, due to violations involving Solid Waste and required the facility to either cease operations and clean up the site, or pursue the designated site assignment requirements for a solid waste facility. The facility failed to submit the required application, resulting in today's Suspended Penalty Payment Demand Notice.
10/31/07: MassDEP executed a Consent Order with a $14,000 Penalty involving, James J. and Constance Cavanaugh for Wetlands violations at 12 Doris Avenue in Billerica. The residential site was identified for investigation through the Wetland Change Initiative and upon inspection, MassDEP then found that clear cutting trees of other vegetation altered 11,000 square feet of Bordering Vegetated Wetland. The ACOP requires restoration of the BVW, long term monitoring, a paid penalty of $2,000 and additional $12,000 suspended if in compliance by 10/31/2012.
10/30/07: MassDEP entered into a Consent Order with an $18,500 Penalty involving Frank G. Diorio as individual and as president of "A Touch of Class Cleaning Services" for Wetlands violations at 755 Haverhill Street in Rowley. MassDEP received a request to investigate the residential/commercial site by the Rowley Conservation Commission and discovered that 2,500 square feet of Bordering Vegetated Wetland (BVW) and 5,000 square feet of Riverfront Area (RA) had been altered by removal of trees and deposition of yard waste. Others had performed the activity without Diorio's knowledge during an extended hospitalization and rehabilitation. Today's Order requires full restoration of those areas with long term monitoring. MassDEP has agreed to suspend the entire Penalty if in full compliance by 10/31/11.
10/30/07: MassDEP Commissioner issued a Final Decision relative to The Pierce Family Trust in Northborough. The action settles an appeal of a MassDEP Unilateral Order issued to the Trust (5/9/07) as a result of its continued failure to comply with cleanup requirements. Under the terms of today's Decision, the Trust is required to submit a Phase IV Completion Statement, and either a Remedy Operation Status or a Response Action Outcome Statement, if applicable, on or before 12/31/08. In addition, quarterly status reports will be submitted by the Trust through to the completion date.
10/30/07: MassDEP entered into a Consent Order with a $1,000 Penalty involving Independent Burner Service for Waste Site Cleanup violations in Hull. The company failed to notify MassDEP (as required) after a 60-gallon release of #2 fuel oil at a residential property. In addition to the Penalty, the company will conduct a Supplemental Environmental Project. Under the SEP component, the company will provide "DEP magnets" which inform its customers of the need to call MassDEP in the event of a sudden release of oil or hazardous materials to the environment.
10/30/07: MassDEP executed a Consent Order with Aram Arvanigian for Waste Site Cleanup violations in Oxford. MassDEP found during an audit of response actions previously conducted relative to the cleanup of petroleum at a gasoline station, that the requirement to sample all private wells located within 500 feet had not been met. Arvanigian was issued a Notice of Noncompliance following the audit. Arvanigian complied, but submitted pre-existing sampling data, not including all pertinent wells, and the analyses were not appropriate for the site contamination. Today's Order requires Arvanigian to conduct the required sampling and submit a revised Response Action Outcome Statement.
10/30/07: MassDEP entered into a Consent Order with the United States Postal Service for Waste Site Cleanup violations in Uxbridge. Specifically, the violations involve its failure to meet response action deadlines for a release of fuel oil at its Main Street facility located in North Uxbridge. USPS had originally received a March 2005 Notice of Noncompliance for its violations, but has subsequently failed to meet established deadlines established for its returning to compliance. Under the terms of today's Order, USPS will submit a Response Action Outcome Statement (final outcome) no later than 12/20/08.
10/30/07: MassDEP executed a Consent Order with a $2,800 Penalty involving Omar Wenger for Air Quality violations in Bellingham and Mendon. Wenger is the principle proprietor at T&T Trailer Sales at 123 Uxbridge Street in Mendon, and a partner in the Pennsylvania Farmer Boy, Limited Partnership at 800 Pulaski Boulevard in Bellingham. At these locations, Wenger operated outdoor wood-fired boilers at each location where air emission violations (smoke and odor) were detected. MassDEP has agreed to suspend the entire Penalty since both units are no longer operational and will remain so. However, today's Order will allow neighbors of the two facilities relief from nuisance smoke and odor conditions that were caused by the operation of these units.
10/30/07: MassDEP executed a Consent Order with a $1,100 Penalty involving Mohawk Drive Corporation for Hazardous Waste Management violations at its Leominster facility. During a recent inspection conducted with a member of the Leominster Board of Health, MassDEP determined that six 55-gallons drums of waste oil, generated by a previous occupant of the building that is no longer in business, had been stored outside of the facility for a period of time in excess of that allowed by the regulations. Once notified of the violation, the Mohawk Drive Corporation, which currently owns the building, took immediate action to properly dispose of the waste oil. Today's Order requires continued compliance with all applicable regulations.
10/30/07: MassDEP executed a Consent Order with a $12,960 Penalty involving the United States Army Reserve Forces Training Area for Hazardous Waste Management violations in Devens. MassDEP conducted a January 2007 multi-media inspection of the installation (where military training for reserve forces are held), and found a failure to post emergency information near a waste oil accumulation area, failure to provide an impervious surface under the hazardous waste accumulation area, and storing waste oil for a period in excess of the allowable 90-days. In addition, the facility failed to ship waste off-site in a timely manner, and is a repeat violation to one that was previously cited (7/8/04). In addition to the Penalty, the US Army has agreed to achieve compliance with all applicable regulations.
10/29/07: MassDEP issued a Request for Information relative to possible bacteria source(s) to the town of Wellesley. Today's Request follows inspections conducted as part of the Bacteria Source Tracking program. DEP staff collected bacteria samples in Fuller Brook, which indicated elevated E. coli counts in the reach between Cottage Street and Dover Road. Today's Request requires the town to inspect all outfalls in this section of the brook, and sample those running in dry weather, as well as at an upstream subsurface location.
10/27/07: MassDEP issued a $25,260 Penalty Assessment Notice to G. Rama Construction for Asbestos and Demolition (Air Quality) violations in Holyoke. The company, which is based in New York, failed to file notification for activities and did not follow proper asbestos removal procedures. Representatives of the company failed to attend two enforcement conferences.
10/26/07: MassDEP Amended an existing Consent Order involving 40 Rugg Road, 84 Braintree Street and 10 Penniman Road in Allston. Today's Amendment allows the former Sunshine Laundry and adjoining properties to extend one specific deadline relative to Waste Site Cleanup deadlines. The current owner, Eljen Corporation, requested an extension due to technical requirements relative to the submittal of a specific report on the proposed Immediate Response Action to address current Imminent Hazard conditions from soil-vapor infiltration at the site. The subject report in question has now been received at MassDEP. All other deadlines and terms from the original Order (as executed on 5/24/07) remain unchanged.
10/26/07: MassDEP executed a Consent Order with a $2,000 Penalty involving Extell Cambridge, LLC for Waste Site Cleanup violations at 303 Third Street in Cambridge. Extell is the owner and/or operator of the property where it failed to meet deadlines set out in a previous Consent Order issued on 6/6/06. Today's Order establishes a final Response Action Outcome by 6/30/08. In addition to the Penalty, today's Order also contains a provision for stipulated penalties for any missed deadline.
10/26/07: MassDEP issued a Unilateral Order to Bonnie B. Besse for Wetlands violations in Rutland. MassDEP found (during a 10/23/07 inspection) that construction activities off of Maple Avenue in Rutland failed to adequately install and maintain erosion control measures. The specific area affected is a tributary to the Pine Hill and Wachusett Reservoirs, and are classified as Class A Outstanding Resource Waters. The Order required immediate stabilization of all work areas containing exposed soils, the hiring of a wetlands scientist/engineer to evaluate and quantify the impacts to the wetlands resource areas, and submission of a plan to restore those areas.
10/26/07: MassDEP entered into a Consent Order with a $6,525 involving Barile Environmental, Inc. for Asbestos violations in Pittsfield. MassDEP's received a complaint regarding removal of asbestos-containing thermal insulation from a boiler and its ancillary pipes. MassDEP determined that Barile failed to file the proper notification prior to the asbestos removal work. MassDEP has agreed to suspend $4,525 pending compliance and a three-year probationary period.
10/26/07: MassDEP has entered into a Consent Order with an $10,700 Penalty involving Marcor Remediation, Inc of Springfield for Asbestos violations. MassDEP has agreed to suspend $2,700 of the Penalty pending a one-year probationary period. The violations involved improper removal activities involving spray-on asbestos at a retail location in Springfield.
10/26/07: MassDEP entered into a Consent Order with a $10,000 Penalty involving Superior Mechanical Contractors, Inc. due to Asbestos violations. The violations involve improper removal of a boiler that was insulated with asbestos at a residential property in Springfield. The company did not use the proper asbestos handling procedures during the removal and replacement of the boiler. The asbestos containing insulation was left in a dry state and not containerized.
10/26/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving F.L. Roberts and Co., Inc. for Air Quality (vapor-recovery) violations and Hazardous Waste Management violations in Springfield, Palmer and Whately. MassDEP had previously inspected three of F.L. Robert's facilities and issued Notices of Noncompliance. A re-inspection of the same facilities revealed some of the same and additional violations.
10/25/07: MassDEP amended a previous Water Emergency Declaration to Whately Water District in Whately. The Order and Declaration now includes a provision approving the delivery of transported water into the Whatley Water District system.
10/24/07: MassDEP executed a Consent Order with a $24,792.50 Penalty involving Northeast Recycling, Inc. for Air Quality violations at its Dudley facility. The company, which is based in North Grosvenordale, Connecticut failed to provide notification to MassDEP for a demolition of a former auto dealership in Dudley and a structure where asbestos-containing materials were located. The company agreed to maintain future compliance and MassDEP agreed to suspend $23,792.50 of the Penalty based upon the Company's successful demonstration of financial hardship condition.
10/24/07: MassDEP executed a Consent Order with an $8,500 Penalty involving Wachusett Mountain Associates, Inc., for Air Quality and Solid Waste violations at its Princeton location. In response to a referral from a Department of Conservation and Recreation (fire warden) MassDEP found the company was burning debris including logs, construction materials, pressure treated lumber, sod and plastics in an open area on the property. The activity was determined to be in violation of both Air Quality (open burning) and Solid Waste (improper disposal) regulations. In addition to the Penalty, the company has agreed to fully comply with all applicable regulations.
10/24/07: MassDEP entered into a Consent Order with Walpole 1333 LLC for Waste Site Cleanup violations at 1333 Main Street in Walpole. The corporation failed to comply with the deadlines established in a MassDEP Notice of Noncompliance. MassDEP had identified 15 violations of Waste Site Cleanup requirements including the Activity & Use Limitation (AUL) instrument in place for this specific location. A 60-day deadline had been established in the NON for the corporation to come back into compliance. Prior to the expiration of the deadline, MassDEP received a request from the corporation's consultant in which additional time was requested. Today's Order establishes new deadlines with assurances of compliance.
10/24/07: MassDEP issued a $32,220 Penalty Assessment Notice to Boyle Industries, Inc for Hazardous Waste management and Wetlands violations at its facility in Billerica. The company was also found to be storing road salt in violation. In addition to the Penalty, the company is required to comply with the hazardous waste management law, prepare a surface and groundwater discharge plan, a wetlands restoration and monitoring plan, and relocate or cover the (salt/chemical) snow removal pile.
10/23/07: MassDEP Environmental Strike Force participated in the case filed by the Massachusetts Attorney General's Office in Middlesex Superior Court involving the Commonwealth versus Stephen Swisher. Case began in response to observations made by a jogger to MassDEP, which investigated. The inspection was then referred for criminal prosecution a case involving abandoned drums of waste that were found in wooded residential areas and adjacent to wetlands that are in turn connected to the Lexington public water supply source. Swisher, the former president of Pacetti Corp., a metal finishing company, has now been indicted. The Attorney General prosecuted the case with assistance from the Environmental Crimes Strike Force and the Environmental Police. Swisher was scheduled be arraigned on 11/15 in Middlesex Superior Court in Cambridge.
10/23/07: MassDEP issued a Unilateral Order to Western Mass Environmental, LLC for Hazardous Waste Management violations in Uxbridge. The Westfield-based company is ordered to immediately cease and desist from transporting hazardous wastes in the Commonwealth without a valid transporter license. Investigations and inspections conducted by MassDEP revealed the company has been transporting hazardous wastes both in and out of the Commonwealth using another company's valid transporter license through a business agreement. MassDEP received In June 2007 an application by Western Mass Environmental LLC for a Hazardous Waste Transporter License. That application has been under review.
10/19/07: MassDEP, along with the city of Boston's Environmental Strike Team, inspected the Grant Company at 28 R Wolcott Street in Boston. A complaint by the city of improper asbestos abatement found a contractor, Nealco Environmental, a licensed asbestos removal company was performing asbestos remediation at the site as required. However, the inspectors found several violations and the removal operations were shutdown jointly by the City of Boston and MassDEP. Nealco was instructed to submit a detailed plan of steps to be taken to return to compliance. The plan will be reviewed (and must be approved) by the City of Boston and MassDEP before work is allowed to resume. Enforcement investigation is continuing.
10/17/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving David & Jayne Peng for Wetlands violations at 51 Southern Boulevard in Newbury. The violations entailed the removal of 2,247 square feet of natural vegetation, substituting that with turf grasses on a Coastal Dune and Barrier Beach (Plum Island). This activity was performed in non-compliance with a previously issued Order of Conditions that specifically required preservation of such dune vegetation. MassDEP has agreed to suspend $14,900 of the Penalty pending full compliance, including full restoration of the Coastal Dune.
10/17/07: MassDEP entered into a Consent Order with a $8,250 Penalty involving Construction Service for Industrial Wastewater and Hazardous Waste Management violations in Wilbraham. The violations involved the discharge of concrete truck wash water to the ground and not registering its waste oil burner with MassDEP. The company, which is listed as a division of Dauphinais and Son Inc., fully cooperated with MassDEP to address its noncompliance. MassDEP has agreed to suspend $1,750 of the Penalty pending compliance.
10/17/07: MassDEP assisted the Massachusetts Attorney General's Office in resolving the environmental violations at Boott Hydropower, Inc, at 145 Pawtucket Street in Lowell. The agreement resulted in a $125,000 Penalty. Boott Hydropower, Inc. failed to notify MassDEP of an oil spill at its Lowell plant, which subsequently leaked into the Merrimack River. Boott Hydropower agreed to the $125,000 Penalty in connection with the release of fuel oil that occurred in June 2005. One of the two turbine units at its plant malfunctioned and leaked hydraulic oil into the river. The Lowell Fire Department and MassDEP responded to reports of the oil sheen on the surface of the river and conducted an investigation, finding that the plant was the source of the oil sheen. Today's complaint lodged by the AG's Office asserts that Boott Hydropower violated Chapter 21E (of Massachusetts General Laws) and the MCP (Waste Site Cleanup regulations) by failing to notify the MassDEP within two hours of the release of the oil from its plant. Additionally, Boott Hydropower violated MCP-reporting requirements by submitting reports containing inaccurate and inconsistent statements concerning the time of notification and the amount of oil released or threatened to be released. The complaint also asserted that the release of oil to the Merrimack River was a violation of the Massachusetts Clean Waters Act. In addition to the Penalty, Boott Hydropower agreed to develop and implement an Environmental Management Systems for its plant.
10/16/07: MassDEP executed a Consent Order with a $1,000 Penalty involving the town of Auburn and Waste Site Cleanup violations, specifically the failure to submit a written Release Notification Form and an Immediate Response Action Plan within 60 days of having provided (verbal) notification of a release. In addition, the town failed to submit a Response Action Outcome Statement within one year of the notification. The release occurred when a hydraulic line on a dump truck owned and operated by the Auburn Department of Public Works ruptured, releasing hydraulic oil along a public road as it traveled. In addition to the Penalty, today's Order requires the town submit all the required documents (which have now been received) and that the town develop and implement a spill management plan.
10/16/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving Curtis-Wright Controls, Inc. for Hazardous Waste Management violations in Littleton. The company was found to be accumulating hazardous wastes for periods longer than allowed under its registered generator status and it had treated small amounts of hazardous waste. In addition to the Penalty and restoring the facility to compliance, Curtis-Wright has agreed to develop and implement an Environmental Management System. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.
10/16/07: MassDEP has executed a Consent Order with a $10,000 Penalty regarding Alfred A. DaPrato & John H. Tweed for Solid Waste violations at 110 Elm Street in Bellingham. The two Blackstone residents are lead officers of the former Elm Manor Corporation where MassDEP discovered illegal solid waste disposal activities in July 2005, and subsequent April 2006 incidents involving the illegal open burning of solid wastes. Since the Corporation was involuntarily dissolved by the Massachusetts Secretary of State. Today's Order also requires that all solid wastes remaining on the Site be removed and properly disposed of at a licensed facility.
10/16/07: MassDEP executed a Consent Order with a $2,000 Penalty involving R. Bates & Sons, Inc., a Clinton-based contractor. During an inspection conducted in December 2006, MassDEP observed the presence of improperly disposed solid waste materials on R. Bates' property located adjacent to the town of Clinton's closed landfill on South Meadow Road. Today's Order requires the company to remove the improperly disposed of materials for off-site recycling/disposal. In addition to the Penalty, the company has agreed to perform an $18,700 Supplemental Environmental Project (SEP) that will be designed towards the goal of improving the town of Clinton's recycling capabilities at its Department of Public Works yard.
10/11/07: MassDEP issued a Notice of Noncompliance to the Boston Water & Sewer Commission due to Water Pollution Control violations. MassDEP inspected stormwater outfalls (in connection with the Bacteria Source Tracking program) and observed wastewater solids and sewage odors at four stormdrain outfalls draining to the Neponset River. Sampling confirmed high E. coli (bacteria) counts in the flow from the drains. Today's NON requires the Commission to identify and eliminate the wastewater sources from the storm drains.
10/9/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Jeffrey Warner in connection with the Water Pollution Control (septic/Title 5) and Wetlands violations (also part of previous item) in Cheshire. Warner was the contractor. In addition to the Penalty, Warner has agreed to bring the site back into compliance and restoration of the Wetlands. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance for a period of 3 years.
10/9/07: MassDEP entered into a Consent Order with a $6,000 Penalty involving W.J. Quinn Company for Asbestos violations in East Longmeadow. MassDEP discovered the violations at the St. Paul's Lutheran Church, located in East Longmeadow, after a complaint from another contractor alleged that asbestos floor tiles were being mis-handled during renovations to the cafeteria. MassDEP found pieces of asbestos floor tiles on the floor in the cafeteria as well as on the sidewalk, lawn and parking lot. Management of W.J. Quinn cooperated during the investigation and was thereafter responsive with proper cleanup of the site. MassDEP has agreed to suspend $3,000 of the Penalty pending a two-year probationary period.
10/9/07: MassDEP executed a Consent Order with Trull Brook Realty LLC for Waste Site Cleanup violations at 450 Clark Road in Tewksbury. The corporation is required to meet specific timelines for submitting Phase Reports and achieving a final outcome at the site. Since this site has been in the system since 1987, this enforcement action ensures final cleanup of contamination that began as a result of the removal of an underground storage tank and the discovery of gasoline-contaminated groundwater and soil. The Lowell Regional Area Transit Authority is now located at the site.
10/9/07: MassDEP executed a Consent Order with a $5,750 Penalty involving Benson Enterprises, Inc., for Industrial Wastewater violations at its Easton facility. Benson operates a pre-cast concrete business. A MassDEP inspection found an un-permitted discharge of industrial wastewater to the groundwater. Wash-water would be allowed to run off trucks through a chute and into an unlined wastewater pit. The discharge of a high-pH concrete-concentrated wastewater would enter the ground. Following the inspection, Benson cleaned out all concrete debris within that pit and brought the excavated material to a recycling facility. In addition to the Penalty the company has agreed to fully comply with all applicable regulations.
10/9/07: MassDEP entered into a Consent Order with a $26,485 Penalty involving Joseph and Diane Servidio for Asbestos violations at 65 Montgomery Street in Westfield. After receiving complaints, MassDEP found that Servidio had retained unlicensed workers to demolish two greenhouses and their associated flower beds. The Servidios did not follow the necessary pre-demolition, asbestos-handling and asbestos-disposal procedures. MassDEP found regulated asbestos materials co-mingled in the structures' rubble. Thereafter, the Servidios retained a licensed asbestos abatement contractor to clean up the site. MassDEP has agreed to suspend $6,485 of the Penalty pending full compliance during the one-year probationary period.
10/9/07: MassDEP Commissioner signed a Final Decision involving S&R Corporation and Air Quality (dust-demolition) violations at the former Northampton State Hospital. The decision resolves an appeal of a previously issued Penalty and as a result, the S&R Corporation of Lowell will pay a $645 Penalty within 30 days.
10/7/07: MassDEP participated in a case resolved today in Worcester Superior Court: the Commonwealth v. Joseph Hamel. Earlier this year, MassDEP's Strike Force surveillance camera recorded the theft of surveillance equipment itself (the camera). Defendant Hamel was recently arrested by the Worcester Police Dept., charged with larceny and malicious destruction of property, and arraigned in Worcester District Court. The police were able to return the stolen (undamaged) camera equipment.
10/5/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving Mary Nosal of Cheshire for Water Pollution Control (septic system/Title 5) and Wetlands violations. Nosal is the owner of a single family home where violations occurred during the construction. MassDEP has agreed to suspend the entire Penalty pending compliance with all applicable regulations.
10/5/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Jason Turner in connection with the Water Pollution Control (septic/Title 5) and Wetlands violations in Cheshire (see previous item). Turner was former part-owner. In addition to the Penalty, Turner will ensure that the Title 5 system is brought into compliance and the restoration of the wetlands, as well as compliance with all regulations for a period of three years. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.
10/5/07: MassDEP issued a Water Emergency Declaration to the Whately Water District in order to allow the use of Well #3, an emergency source. The Emergency was requested due to low well production from its other sources. The District also experienced high total coliform (bacteria) counts in the distribution system and at the storage tank. MassDEP has loaned the system a feed pump and tank to provide consistent chlorination and provided technical assistance. Other assistance to Whately was provided by the Mass Rural Water Association and the City of Northampton. The atmospheric tank is the suspected source and will be emptied, cleaned and inspected.
10/5/07: MassDEP participated in a case in Worcester Superior Court which today issued a temporary restraining order to Blair Enterprises, Inc. to stop all construction at a 53-lot subdivision in Rutland. The developer has failed to comply with an Order of Conditions, Water Quality Certificate, and a watershed variance (issued by the Department of Conservation and Recreation). The developer has altered approx. two acres of Bordering Vegetated Wetlands and five acres of a pond. The area is part of the Ware River watershed, which provides drinking water to the greater Boston metropolitan area via the Massachusetts Water Resources Authority.
10/4/07: MassDEP executed a Consent Order with a $3,200 Penalty involving Keystone Freight Corporation for Waste Site Cleanup violations in Sturbridge. The corporation, which is based in North Bergen, New Jersey, failed to notify MassDEP of a sudden release of diesel fuel within the required 2-hour timeframe. The release occurred when a tractor-trailer owned and operated by Keystone Freight over-turned into the median strip from the eastbound lane of Route 84, across from a rest stop area in Sturbridge. In addition to the Penalty the company has agreed to comply with all applicable requirements.
10/4/07: MassDEP issued a Unilateral Order to the North Attleborough Commerce Center, LLC for Asbestos violations at 888 and 896 North Main Street in North Attleboro. The corporation is ordered to cease and desist from all activities related to asbestos abatement work and to secure any visible asbestos debris located outside to prevent additional asbestos emissions. MassDEP issued the Order after a 9/24/07 inspection of the property. In addition to on-site violations, the corporation failed to submit written notification to MassDEP for the asbestos removal as required. MassDEP has instructed the property owner of the need to hire a licensed Asbestos Designer and a licensed Asbestos Contractor to assess the extent of the asbestos violations and to take measures to achieve compliance and/or contact MassDEP to obtain guidance for the cleanup of the site.
10/1/07: MassDEP entered into a Consent Order with a $5,500 Penalty involving Bay State Circuits, Inc. for Waste Site Cleanup and Hazardous Waste Management violations in Northborough. The company has agreed to correct the violations including its failure to meet the performance standards for the Remedy Operation Status (Waste Site Cleanup agreement). The company will also, correct the improper storage of hazardous waste and remediation waste. A revised Remedy Operation Status Opinion will be submitted within 90 days.
10/1/07: MassDEP entered into a Consent Order with a $12,606 Penalty involving Fabric Cleaners, Inc., for Air Quality, Industrial Wastewater, Waste Site Cleanup and Hazardous Waste Management violations in Milford. The company failed to notify MassDEP of the release of tetrachloroethene (Waste Site violations); and, failed to comply with operational requirements for its dry cleaning machine and discharged washing machine wastewater, an industrial wastewater, to a storm drain without approval. MassDEP has agreed to suspend $12,606 of the Penalty based on the company's small-business designation and provided the company brings the facility into compliance and to remain so.
10/1/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving SemiCon Precision Industries, Inc. for Hazardous Waste Management, Toxics Use Reduction Act (TURA) and Industrial Wastewater violations at its Southbridge facility. During a recent inspection, MassDEP found: the company operated an Industrial Wastewater pre-treatment system without personnel properly licensed to do so; failed to file the appropriate TURA report; failed to properly mark and label hazardous waste containing drums; and, failed to properly post and delineate its hazardous waste accumulation area. In addition to the Penalty, the company has agreed to bring the facility into compliance.
10/1/07: MassDEP entered into a Consent Order with a $3,300 Penalty involving the Southbridge Recycling & Disposal Park, Inc. for Hazardous Waste Management violations in Southbridge. MassDEP determined during an inspection that the company had hazardous waste in excess of its registered status; failed to label a hazardous waste container; and, failed to make adequate arrangements with municipal and state officials in case of a hazardous waste emergency. In addition to the Penalty, the company agreed to bring the facility into compliance.
September 2007 9/28/07: MassDEP issued a Demand for $3,000 in Stipulated Penalties to the operators at South Hadley Landfill, LLC, located in South Hadley. The operators failed to control offsite odors directly related to conditions at the landfill.
9/28/07: MassDEP issued a Demand for $6,000 in Stipulated Penalties to the operators at the Connecticut Valley Sanitary Waste Disposal landfill in Chicopee. The operators failed to control offsite odors directly related to conditions at the landfill.
9/28/07: MassDEP issued a Unilateral Order to Wilkinsonville Water District in Sutton for Water Supply violations. MassDEP determined that the District introduced excessive amount of a corrosion control agent to the Water Supply, which serves a population of 2,834. On September 26, 2007, a complaint investigation by facility operators revealed that excessive amounts of potassium hydroxide had entered the distribution system as the result of a failure of the high-pH alarm system at the Hatchery Road Pump Station to notify operators of the condition. District employees flushed the system repeatedly, and reported to MassDEP that the system had returned to its normal pH level. Today's Order requires the feed system to remain off-line until MassDEP approves its re-start. In addition, the District must submit details of this and any other possible overfeed events at the station, and the submission of a corrective action plan and implementation schedule.
9/27/07: MassDEP entered into a Consent Order with Michael Thompson as Trustee of the Thompson Family Realty Trust for Waste Site Cleanup violations at 224 Walker Street in Lowell. The Trust, which owns and operates the property failed to submit cleanup reports as required. In addition to agreeing to bring the site back into compliance, the Trust agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.
9/27/07: MassDEP entered into a Consent Order with Paul Mattera as Trustee of Fellsview Terrace Condominium Trust, for Waste Site Cleanup violations at 400 Fellsview Terrace in Stoneham. As owner and operator of the site, the Trust failed to submit cleanup reports as required. In addition to agreeing to bring the site back into compliance, the Trust has agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.
9/27/07: MassDEP executed a Consent Order with a $32,000 Penalty regarding Urban LLC for Waste Site Cleanup violations at 175 Walnut Street in Peabody. Specifically, the violations were for failure to submit Phase II and Phase III Reports and a Phase IV (Remedy Implementation Plan) within the deadline already established in a Notice of Noncompliance issued by MassDEP on 4/3/07. Under today's Order, new deadlines have now been set to return the site to compliance with the submittal of a Phase II and if applicable a Phase III by 10/30/07, a Phase IV Plan by 3/30/08 and a final outcome by 9/30/08. MassDEP agreed to suspend $12,000 of the Penalty pending compliance with the Order.
9/27/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving the town of Brewster, for Solid Waste violations at the Transfer Station in Brewster. The town failed to submit a Waste Ban Compliance Plan and failed to submit Annual Reports for 2005, and 2006. MassDEP agreed to suspend the Penalty, and the town will submit the required Annual Reports.
9/27/07: MassDEP's "Candid Camera" initiative: The Environmental Strike Force recently caught dumping incidents at sites in Worcester, Billerica, and Peabody. At a site in Worcester, an installed camera was stolen; systems involve two cameras units meaning the actions were recorded on film. Working with Worcester police, a suspect was identified and the camera returned. The defendant was arraigned in Worcester District Court on charges of larceny and malicious destruction of property. To date, the Candid Camera program has identified eighteen dumpers in various municipalities across the state. Many of the violators have been issued tickets, fines, and clean up orders from their respective town or city. Three commercial violators have been the subject of MassDEP enforcement and have agreed to pay penalties between $4,000 and $12,000 and to conduct clean up. A new system with internet-monitoring capability was recently installed by Strike Force in Lowell. As part of the continuing municipal/MassDEP partnership, Weymouth, Lawrence, and Boston have recently purchased their own anti-dumping camera systems and are currently being trained by Strike Force.
9/25/07: MassDEP executed a Consent Order with Joseph and Gina Maggi to ensure operations at 442 State Street in Belchertown complied with Massachusetts Drinking Water Regulations. Maggis are the owners of the facility.
9/25/07: MassDEP entered into a Consent Order with a $6,000 Penalty involving NETCO Construction Corp. for Hazardous Waste Management, Air Quality and Solid Waste violations at its Hampden facility. MassDEP discovered the violations, which included evidence of open burning, waste oil management violations and improper storage of demolition and tree stump wastes, following a response by the local fire department. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance with today's Order.
9/25/07: MassDEP issued a $2,892 Penalty Assessment Notice and a Unilateral Order to the A.J. Murphy Company, Inc., a Maine-based transportation company, due to a release of diesel fuel on an interchange ramp of the Massachusetts Turnpike in Auburn. MassDEP initially issued a Notice of Noncompliance regarding the company's failure to submit a Release Notification Form after the incident in October 2005, and thereafter an Immediate Response Action Plan. The company also failed to submit additional cleanup reports. MassDEP issued a Notice of Enforcement Conference, scheduling a date to discuss the violations and requirements for coming into compliance; however, company representatives failed to attend the enforcement conference. Today's Order requires the submittal of all the required reports within 30 days in addition to the Penalty.
9/24/07: MassDEP executed a Consent Order with a $9,000 Penalty involving Karen L. Cormier for Wetlands violations at 133A High Street in Billerica. Cormier owns this residential property where MassDEP discovered - using Wetland Change Initiative aerial photography and available data - that approximately 1,500 square feet of Bordering Vegetated Wetland (BVW) filling on the site as a result of construction of a new in-ground pool and other miscellaneous " yard projects". Additionally, Cormier keeps pet ducks, turkeys, and a goat and horse either within BVW or the Buffer Zone that negatively affects the BVW. Today's Order requires restoration and monitoring of the BVW, moving animals out of BVW and implementation of a comprehensive animal management plan to protect wetland resource areas on the property. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance with the Order.
9/20/07: MassDEP issued a Unilateral Order to Konstantinos Frantzis for Waste Site Cleanup violations at 400 Belgrade Avenue in West Roxbury Frantzis, owns and operates the property and is required to submit an Immediate Response Action (IRA) Plan within two months of the Order, an IRA Status within 120 days of submittal of the IRA Plan and an IRA Status Report every 6 months thereafter until the submission of the IRA Completion Report. The Order also requires a Phase I Report and a Tier Classification Submittal for the Site within six months of the Order.
9/20/07: MassDEP was informed of a Final Decision and Order regarding the Crow Lane Landfill in Newburyport. Suffolk Superior Court issued a Final Decision on the motion by the Attorney General's Office and the MassDEP that the Court order New Ventures LLC to grant access to the MassDEP, or in the alternative order New Ventures LLC, to conduct measures to control the release of hydrogen sulfide gas from the landfill. The Court ordered New Ventures to implement measures to control the emissions of odiferous hydrogen sulfide gas from the Crow Lane.
9/20/07: MassDEP entered into a Consent Order with a $6,400 Penalty regarding J&G Foods, Inc., for Hazardous Waste and Industrial Wastewater violations at its Sutton facility. MassDEP discovered during a recent inspection of J&G that the company was operating its wastewater pre-treatment system without a licensed treatment plant operator, and that it had failed to comply with numerous (small quantity) hazardous waste/waste oil management requirements. Today's Order requires the company to bring the facility back into compliance. The action ensures that the facility's Industrial wastewater will be properly treated, and that waste oil will be properly managed.
9/20/07: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Pelletier's Building Supply Company, Inc. for Hazardous Waste Management and Industrial Wastewater violations at its Gardner and Fitchburg facilities. While conducting an inspection at the Fitchburg facility in 2006, MassDEP determined the company was discharging vehicle wash water, an Industrial Waste Water, directly to the Nashua River without the appropriate EPA and MassDEP permits. In addition, the company failed to comply with numerous other Hazardous Waste Management regulations. Today's Order requires the company to comply with all applicable regulations, generate storm water pollution prevention plans, not otherwise required for its Gardner and Fitchburg facilities. MassDEP has agreed to suspend $13,000 of the Penalty pending compliance (due in part to a successful demonstration of a financial hardship condition). This action will help ensure that Industrial Waste Water will not be discharged to the Nashua River, and that Small Quantity Generator amounts of waste oil will be properly managed at the facilities.
9/19/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving David Lancto for Asbestos violations at his residence in Pittsfield. The violations involved the improper removal of an asbestos-insulated boiler at his residence. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance.
9/18/07: MassDEP executed a Consent Order with a $7,900 Penalty involving Webco Chemical Corporation for Waste Site Cleanup violations in Dudley. Webco failed to conduct Immediate Response Actions in accordance with the regulations. Historical operations at Webco resulted in the contamination of soil and groundwater at the site with volatile organic compounds (VOCs). Webco has conducted response actions since 1997. In 1998, it was discovered that residential drinking water wells near the site were contaminated with VOCs. Webco failed to adequately assess and/or mitigate VOCs in the residential wells in a timely manner. Affected wells have now been provided with treatment systems. Under the terms of the Order, Webco is required to implement a residential drinking water well sampling plan. MassDEP has agreed to suspend $2,500 of the Penalty pending compliance with the Order.
9/18/07: MassDEP entered into a modification of an existing Consent Order with the Estate of James S. Kantany of Medfield. The original Order became effective on 1/22/07. The modification provides a revised due date for the Phase V Completion Report and Response Action Outcome Statement, or Remedy Operation Status Submittal, to be submitted by 12/14/07.
9/18/07: MassDEP working with the Massachusetts Attorney General's Office entered into a Final Judgment in Suffolk Superior Court involving the Newark Group (TNG) located in Fitchburg, Haverhill and Natick. The Judgment requires TNG to pay a civil penalty of $575,000, as well as $25,000 in past due compliance fees, for violations of several provisions of the Massachusetts Air Pollution Control Regulations at its Fitchburg, Haverhill and Natick facilities. Specifically, the violations concerned: Boiler No. 2 at its Fitchburg facility exceeded short term emissions and opacity limitations on several occasions; exceeded its volatile organic compounds (VOC) emissions cap at Fitchburg; and, filed erroneous source registration information for calendar years 2004, 2005, and 2006 for its Fitchburg facility and for calendar years 2000-2005 inclusive for its Haverhill facility. Also, they emitted VOC at a potential emissions rate of 50 or more tons per year at its Haverhill facility without filing for and obtaining a written emission control plan approval (i.e. Reasonably Available Control Technology); they emitted hazardous air pollutants at both facilities with potential emissions such that both facilities may be subject to the federal Maximum Achievable Control Technology rules; and emitted excess sulfur dioxide from its Haverhill facility (in violation of state acid rain regulation). In addition to paying the penalty and the back fees within sixty days of entry into the Final Judgment, TNG is required to make timely plan application and source registration filings as applicable, and retain a third party consultant to conduct an audit of the Fitchburg and Haverhill facilities' compliance with the Clean Air Act. They will also develop an Environmental Management System for its Fitchburg and Haverhill facilities. The Natick facility has ceased operations, thus TNG is required to relinquish its air operating approval within fifteen days of entry into the Final Judgment.
9/13/07: MassDEP executed a Consent Order with a $7,187 Penalty involving the Estate of Joseph Prochilo for Waste Site Cleanup violations at 870 Broadway in Revere. Prochilo, the former owner of the property, specifically, failed to conduct an Immediate Response Action in a timely manner and failed to submit an Immediate Response Action Status Report.
9/10/07: MassDEP entered into a Consent Order with a $12,000 Penalty involving Robert Page III Ltd/Butternut Club in Stow for violations of the Drinking Water Regulations that occurred at its facility, Butternut Farms Golf Club located at 115 Wheeler Road in Stow. A recent inspection of Butternut determined that the facility had added a function hall thereby expanding water use above permitted limit. The increased water use required the protective zone to be larger, which was not feasible due to the location of the well. Several operational violations were also identified including operating without a certified operator and installation of a water treatment system without prior approval. As a result of negotiations with MassDEP, the owners have corrected many of the operational violations and entered into today's Order that outlines a schedule to site and construct a new well that will be in compliance with the drinking water regulations. In addition, they have agreed to meter their irrigation water throughout the golf course. Today's Order also outlines an operational plan for the existing source to assure a safe water supply until the new source is developed and ready for use.
9/10/07: MassDEP issued a Unilateral Order to Martin Linder for Wetlands violations in Sutton. MassDEP found that work by Linder resulted from work in the Bordering Vegetated Wetland; the order requires cessation of additional harm to the resources and the hiring of a wetlands specialist to develop a restoration plan.
9/10/07: MassDEP issued a Demand Letter for $15,000 in a Suspended Penalty and $61,000 in Stipulated Penalties to Pam Perullo for continued Waste Site Cleanup violations at 16 Scotia Street in Salem. ` BWSC issued Demand letters to Pam Perullo, owner of a site at 16 Scotia Street in Salem, for violations of an Administrative Consent Order with Penalty (ACOP). The ACOP, executed 3/2/07, required submittal of an IRA Completion Statement, Phase I Report and Tier Classification Submittal by 7/1/07. Ms. Perullo's failure to comply with these deadlines resulted in the issuance of a Demand for payment of a $15,000 suspended penalty, as well as a Demand for payment of $61,000 in stipulated penalties. Payment of both the suspended and stipulated penalties is required within 30 days.
9/7/07: MassDEP issued a Unilateral Order to Blackinton Commons, LLC for Waste Site Cleanup violations at 140 & 148 Commonwealth Avenue in North Attleborough. Today's Order requires Blackinton to submit a completed Tier Classification Package or a final outcome on or before 10/12/07. Blackinton is a redevelopment project of a former jewelry manufacturing factory site into 38 |
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