MassDEP enforcement actions are also available for 2008 | 2007 | 2006 | 2005 | 2004  

Find also policies, regulations, reports, data, appeals, more...

March 2008

3/31/08: MassDEP entered into a Consent Order with Forty-Nine Union Trust for Waste Site Cleanup violations at 49-63 Union Street, Newton.  The Trust, which owns the property, failed to meet deadlines set forth in MassDEP's Notice of Audit Findings/ Notice of Noncompliance dated 7/9/07.  MassDEP found a failure to adequately delineate the extent of contamination, identify contaminant exposure pathways, and use the proper risk-characterization method for the site based on the audit of a cleanup measure submitted on 11/17/06.  New deadlines have now been set o return to compliance with the submittal of phases II and III and IV and a post-audit completion statement no later than 9/30/08. After which, a final outcome or remedy status is due by no later than 11/20/08.

3/31/08: MassDEP issued a Unilateral Order and a $31,720 Penalty Assessment to Mike & Baro, Inc., for Waste Site Cleanup violations at Torrey Street in Brockton. In March 2006, MassDEP determined during the removal-replacement of underground storage tanks that a release of petroleum to the surrounding soil and groundwater occurred. Knowledge of that release triggered the need for additional response actions.  The owner has failed to conduct any response actions since that time and has failed to comply with MassDEP's Notice of Noncompliance that was issued in August 2007.  The owners have also failed to communicate any intent to conduct response actions. In addition to the Penalty, today's Order requires the owners to initiate response actions. 

3/31/08: MassDEP executed a Consent Order with a $3,000 Penalty regarding Del-Rich, Inc., for Waste Site Cleanup violations in Pittsfield.  The company, an excavation contractor, failed to immediately notify MassDEP (as required) following a 15-gallon diesel fuel spill. The 4/17/07 release was not reported until 8/27/07 when Del-Rich had completed cleanup of the release. Under today's Order, Del-Rich has agreed to retrain its employees on notification requirements for and response to releases of oil and hazardous materials, and implement a Supplemental Environmental Project (SEP). The company will undertake a culvert retrofit project on Tower Brook in Chesterfield.  The culvert had been retrofitted in early 2005 to improve habitat for coldwater fish species such as Atlantic salmon and brook trout, and facilitate upstream migration of fish.  A significant rainstorm in October 2005 however, damaged the improvements, and Del-Rich will restore the culvert to pre-storm conditions.  Proponents of the Tower Brook project include the Mass Riverways Program, the University of Massachusetts Extension Service and the Nature Conservancy. MassDEP has agreed to suspend the entire Penalty pending compliance.

3/31/08: MassDEP entered into a Consent Order with Brian Tenczar for Wetlands violations in Cheshire, related to site preparation for construction of a single family home. Today's Order requires site assessment and restoration as well as filing and obtaining approval prior to any future activity at the site, which may alter or impact resource areas at the site.  The owner alleged to having met with the Conservation Commission and obtaining verbal approval for activities, although the Conservation Commission issued an enforcement order following commencement of activities.

3/31/08: MassDEP entered into a Consent Order with an $11,860 Penalty regarding Boston College for Air Quality (vapor-recovery) and Hazardous Waste Management violations in Boston. MassDEP inspected the Chestnut Hill campus in June 2007.  During the inspection, it was determined that Boston College was dispensing gasoline for campus maintenance vehicles from a 1,000-gallon underground storage tank which was installed in 1994. The dispenser was not equipped with the required Stage II vapor recovery system.  Additional hazardous waste management violations observed involved improperly run accumulation areas, and two emergency generators did not have proper ventilation stacks. Boston College has agreed to cease dispensing gasoline on-site and remove the underground storage tank, and correct the other violations.

3/28/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding the Willcam Holdings, Inc., for Waste Site Cleanup at 212 North Cary Street in Brockton. As owner of this commercial property, Willcam Holdings is responsible for the cleanup of the former junkyard because of prior release of oil and hazardous materials and has repeatedly missed deadlines.  The company also failed to address a January 2007 Notice of Noncompliance sent by MassDEP.  In addition to the Penalty, today's Order establishes deadlines for the Trust to complete response actions.

3/27/08: MassDEP entered into a Consent Order with Piconics, Inc. for Water Supply violations in Tyngsborough.  The company was found to be in violation of the Surface Water Treatment Rule, specifically groundwater source under the influence of surface water, and for violation of the Lead and Copper Rule, specifically Public Notification of the Treatment Technique Violation.

3/26/08: MassDEP issued a Boil-Water Order to Farley Water Association located in Erving. The Order followed repeated detections of bacteria in the distribution system of the Farley Water Association.  This system has experienced previous bacteria problems.

3/25/08: MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Merrimac for Water Pollution Control violations. Today's Order requires the town to address excessive infiltration and inflow into the Merrimac sewer system, which has led to sanitary sewer overflows, and violations of flow limits at the town's wastewater discharge plant.  Under today's Order the town has agreed to institute an aggressive program to remove sump pumps illegally connected to the sewer system.   MassDEP has agreed to suspend the Penalty pending satisfactory completion of the abatement work.

3/24/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding 303 South Street Realty Trust for Waste Site Cleanup violations at 337 South Street in Plainville. The Trust owns a commercial property here where a former gas station has been the site of a release of petroleum from its former underground storage tanks. MassDEP issued the Trust (February 2006) a Notice of Noncompliance for failing to complete response actions at the site in a timely manner and failed to do so. Today's Order, establishes deadlines for the Trust to complete response actions. 

3/24/08: MassDEP issued a Boil Order to Aquarius Water Co. (Sports Haven Mobile Home Park) in Belchertown.  MassDEP issued an order after a water main break occurred at the Park and concerns about drops in water pressure and back siphonage. The Park is located in Belchertown and has been the subject of previous orders and prior court decrees.

3/24/08: MassDEP issued a Unilateral Order to New England Power Company, the Town of Somerset, and Velozo Real Estate for Solid Waste violations at the closed Somerset Landfill off Brayton Point Road. Specifically, the violations are relative to post-closure requirements; disruption of landfilled areas; security and maintenance of intermediate/final cover; stormwater drainage; and, erosion controls. Today's Order requires the aforementioned owners/operators to immediately cease excavation activities at the landfill, implement a site safety plan, secure the site to prevent further illegal access to the site, commence implementation of erosion controls and within 30 days submit a remedial action plan.

3/20/08: MassDEP issued a $1,000 Penalty Assessment to MEZ Realty, Inc., for Water Supply violations at its Lakeside Trailer Park location in Mashpee. The Park, which is located off Route 151, failed to maintain water pressure within its distribution system.  Regulations require that all service connections have a minimum residual water pressure at street level or at least 20 pounds per square inch under all conditions of flow. MassDEP observed a low-pressure condition at a service connection within the park on 2/19/08. The privately owned, public water supply has been cited on past occasions for similar violations. On 1/5/07, MassDEP had issued a Unilateral Order for low-pressure conditions that required MEZ Realty to evaluate the distribution system and provide recommendations to prevent similar conditions from occurring. That evaluation of the distribution system has not been completed nor has the supplier provided a report by 9/1/07 as required.          

3/19/08: MassDEP executed a Consent Order with a $9,000 Penalty regarding the Pine Tree Realty Trust for Waste Site Cleanup violations at 215 Crawford Street in Fitchburg. The Trust, based in Westminster, failed to notify as required after a release of metals and PCBs at 215 Crawford Street in Fitchburg.  The Trust owns this commercial property. In addition to the Penalty, the Trust has since hired a Licensed Site Professional who has been retained for the purpose of conducting initial site investigations, and bringing the site into compliance.  

3/19/08: MassDEP executed a Consent Order with a $1,500 Penalty involving Yun's Corporation (d/b/a Champion Cleaners) for Water Pollution Control, Environmental Results Program and Air Quality violations in Townsend. The small dry cleaning facility located in Townsend failed to inspect its dry cleaning system for vapor leaks, failed to keep on-site records of perchloroethylene purchase, and illegally discharged boiler blowdown from its operation into its on-site septic system.  In addition, it made false statements on its ERP certification form.  In addition to the Penalty, today's Order requires the company to comply with all applicable regulations.

3/19/08: MassDEP issued a $250 Penalty Assessment to Norman Gilmore of Athol for Air Quality violations, conducting unapproved open burning.  The Penalty was issued in response to the Athol Fire Department's referral, which responded to multiple incidents of burning of refuse and other material at Gilmore's residence.  A video clip of the activity was provided by the Fire Department showing the illegal burn.

3/18/08: MassDEP issued a $4,600 Penalty Assessment to Associated Building Wreckers, Inc. - of Springfield - for Air Quality violations at a demolition site in Whately.  The company failed to use dust mitigation measures.  MassDEP has previously assessed penalties against this company for excessive dust emissions during demolition operations in 2003 and 2006.

3/18/08: MassDEP executed a Consent Order with Whittier Place Condominium Trust for Waste Site Cleanup violations at 5 Whittier Place in Boston. As owner and/or operator of the property, the Trust failed to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 12/14/07.  Today's Order requires a return to compliance and the submittal of a final response outcome by no later than 2/20/09.  In addition, today's Order contains a stipulated penalty provision for any missed deadlines.

3/14/08: MassDEP entered into a Consent Order with Ralph A. Seaver for Wetlands violations in Worcester. Seaver owns the property at 51 Redfield Road in Worcester where a MassDEP inspection disclosed the disposal of concrete, asphalt and fill on the property had eroded into wetland resource areas.  The materials were initially placed on the property by another company, PJ. Albert, Inc. of Fitchburg.  MassDEP has already issued Unilateral Orders to both parties requiring them to cease any further disposal, to stabilize the site and to submit corrective action plans.  Today's Order requires Seaver to prohibit further damage to wetland resource areas and that he allows the contractor to implement approved corrective actions.

3/14/08: MassDEP entered into a Consent Order with a $23,034 Penalty regarding Pandolf Perkins Co., for Air Quality, Hazardous Waste, Toxic Use Reduction Act (TURA) and Water Management Act violations in Sterling.  MassDEP inspected the company, which mines and crushes aggregate stone, manufactures asphaltic cement and processes recycled asphalt product. In addition to the Penalty, the company has agreed to undertake a $61,966 Supplemental Environmental Program (SEP) to enhance emergency response for hazardous material events by the Sterling Fire Department and also provide for installation of catalytic oxidation control devices on heavy-duty vehicles used by the company.

3/13/08: MassDEP executed a Consent Order with a $12,360 Penalty regarding the Tufts-New England Medical Center for Hazardous Waste Management and Air Quality violations at its Boston facility. MassDEP inspected the facility in May 2007 and determined that Tufts was improperly disposing of pharmaceutical drug wastes containing acutely hazardous waste. Numerous additional hazardous waste storage and recordkeeping violations were observed, as well as air quality violations regarding the Hospital's operation of on-site emergency generators. In addition to the Penalty, today's Order requires Tufts to immediately implement proper hazardous waste management practices regarding pharmaceutical drug wastes, and assure that all additional violations identified in the Order are corrected.

3/13/08: MassDEP entered into a Consent Order with HAPS Corporation for Waste Site Cleanup violations in 74 Acton Street in Watertown. HAPS Corporation owns the property where it failed to submit a final response outcome within the deadlines established in a previously issued Notice of Noncompliance (11/2/07).  A new deadline was established in the Order to return to compliance with the submittal of either a final outcome or remedy operation status by no later than 3/11/09.  HAPS have agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with today's Order.

3/11/08: MassDEP entered into a Consent Order with Newton-Wellesley Hospital with an $11,500 Penalty for Air Quality, Hazardous Waste violations at its Newton facility. The Hospital failed to keep an actual 12-month rolling log for their emergency and standby generators and removed and installed a total of three (3) emergency generators in violation of their air quality permit.  The Hospital also improperly disposed of hazardous waste, in particular pharmaceutical products), made improper waste determination; failed to have an (emergency) contingency plan; failed to post emergency information and to have a communication device available in the hazardous accumulation area.  The Hospital also failed to delineate the accumulation area in its recycling room - which was acting as its main accumulation area and failed to conduct weekly inspections of the accumulation area. Finally, the hospital failed to adequately label its hazardous containers, its satellite accumulation areas and its boiler plant and garage.  The Hospital then moved aggressively and successfully to return the facility to compliance for all of the above violations except for the submittal of a new Standard Operations Procedures guide designed to ensure proper hazardous waste management practices for pharmaceutical drug wastes. The SOP is due within 120 days.

3/11/08: MassDEP entered into a Consent Order with a $17,500 Penalty involving Fairhaven Shipyard & Marina, (a.k.a. applicant) Rodman Candle Works Realty LLC, for Chapter 91 and Wetlands Protection Act violations in Fairhaven. The existing marina expanded over 6,000 square feet beyond the authorized footprint licensed by MassDEP.  The applicant paid a penalty of $4,375 and developed a Supplemental Environmental Project (SEP) in which the Fairhaven Fire Department will receive a boat slip for a five-year period, value of $14,000, and the Coalition for Buzzards Bay received a boat slip, value of $10,500 for a five-year period at no cost, a total value of $24,500.

3/10/08: MassDEP entered into a Consent Order with an $8,700 Penalty regarding Gem Plumbing and Heating, Inc., for failure to submit written notification to MassDEP for removal of friable asbestos containing material (ACM). The company, which is located in Lincoln RI, also committed asbestos work practice violations during the removal of asbestos from a residential property. 

3/8/08: MassDEP executed a Consent Order with Julia Stemple for Water Supply violations at the Farley Water Association in Erving.  Stemple has agreed to correct the violations at this public water system that serves a number of homes in Erving.  Under the Order, the owner of the home has agreed to a schedule whereby the system will either reduce its connections to a level below the threshold for a public water system or fully comply with all drinking water requirements for its public water system.

3/7/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding the city of Lowell for Waste Site Cleanup violations at 150 Fleming Street in Lowell. The city owns/operates the property where it has failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 1/29/07. MassDEP previously had reached agreement with the city (on 5/10/07) to bring the site into compliance, which the city failed to meet. Today's Order now requires the city to submit a tier classification submittal or a final outcome statement by no later than 9/30/08. MassDEP has agreed to suspend $5,000 pending full compliance. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.

3/7/08: MassDEP entered into a Consent Order with Feldman Construction Co., Inc., for Waste Site Cleanup violations at 17 Sandy Bay Terrace in Rockport.  Feldman owns the property where it has failed to submit phase II and phase III reports and a phase IV (Remedy Implementation Plan) within the deadline established in a MassDEP Notice of Noncompliance on 10/22/07. New deadlines have now been established to return the site to compliance with submittal of phases II and III reports by 4/21/08 and a phase IV plan by 9/22/08.  A final outcome is due no later than 2/21/09 and stipulated penalties will be required ($1,000 a day) in the event of non-compliance.

3/7/08: MassDEP entered into a Consent Order with the Newburyport Redevelopment Authority for Waste Site Cleanup violations at Water Street in Newburyport. The Authority, as owner/operator of the site, failed to submit phases II, III and IV reports along with a final response outcome in accordance with deadlines specified in the regulations.  The Authority responded to MassDEP's 5/17/07 Notice of Noncompliance with a proposed schedule to return the site to compliance, which was incorporated into today's Order. In addition, stipulated penalties are included for any missed deadlines or noncompliance.

3/7/08: MassDEP entered into a Consent Order with a $70,000 Penalty (fully suspended) involving Jefferson Development Partners, LLC for the construction of a temporary cofferdam at Morey's Bridge Dam/Lake Sabattia in Taunton. The construction was done without valid authorization under either the Wetlands Protection Act of the Public Waterfront Act.  Lake Sabbatia is a Great Pond. The unauthorized temporary cofferdam caused the alteration of up to 50 feet of bank, the direct filling of more than 2,400 square feet of land under Lake Sabbatia and the indirect alteration of over 1 acre of the Mill River bottom identified as rare species habitat.   The temporary alteration of the Mill River bottom occurred as a result of a drastic reduction in base flow to the Mill River and exposure of the river bottom.  Today's Order requires the submittal of information, including plan details and modifications and implementation of corrective actions over specified time periods. The actions and timeframes are linked to suspended penalties for noncompliance.

3/7/08: MassDEP entered into a Consent Order with Dartmouth Gas & Service, Inc., for Waste Site Cleanup violations at 582 Dartmouth Street in Dartmouth. The company owns a gasoline station at this property where a petroleum release from its former underground storage tanks occurred. The company has failed to complete response actions at the site in a timely manner and has requested additional time in which to comply. Today's Order establishes new deadlines for Dartmouth Gas to complete response actions at the Site and establishes stipulated penalties should it failed to complete response actions in a timely manner.

3/6/08: MassDEP executed a Consent Order with a $4,315 Penalty involving Joshua Cardinal for Waste Site Cleanup violations at Sulco Public Warehouse in Springfield. Cardinal, the operator of Fuji's Rising Sun Transport business failed to notify MassDEP immediately of a release of diesel fuel on 6/11/07 at the Sulco Public Warehouse in Springfield.  On that day, a tractor-trailer operated by Fuji's backed into a second truck releasing up to 50 gallons of diesel fuel to pavement and a storm drain at the warehouse property.  Fuji's failed to notify MassDEP of the spill on that date.  Instead, MassDEP was eventually notified on 6/13/07 not by the responsible party but rather the property owner, R.M. Sullivan Transportation, Inc.   MassDEP has agreed to suspend the entire Penalty following pending confirmation that Fuji's financial inability to pay. The cleanup of the release was completed by R.M. Sullivan.

3/6/08: MassDEP issued a Unilateral Order to Four, Five, Six and Seven Cabot Place Office Condominium Associations & Randolph Savings Bank for Water Pollution Control violations at 10 Cabot Place in Stoughton. The Orders were issued to the owners of buildings, which connect to a privately owned nonfunctioning private sewage pump station.  The town requested assistance from MassDEP, which investigated, gathered evidence - photographs, etc. - and ran confirmational bacterial analyses in a state lab.   The property owners are hereby ordered to cease the illegal discharge to the environment and conduct repairs to the pump station in order to properly operate the facility

3/5/08: MassDEP executed a Consent Order with a $5,000 Penalty regarding I & S Realty Group for Waste Site Cleanup violations at 1816 Centre Street, Boston/West Roxbury. MassDEP and its Office of General Counsel reached a settlement of I & S's appeal of the demand for stipulated penalties issued on 1/10/07.  Specifically, I & S had failed to make timely submittals of required reports in accordance with the terms of an earlier Consent Order as executed on 2/7/06. Today's settlement resolves I & S's noncompliance with that Order. The Settlement today is also coupled with an amendment that extends deadlines for the submittal of a final response outcome to 5/31/08. Additional penalties are stipulated for any future missed deadlines.

3/5/08: MassDEP entered into a Consent Order with an $8,700 Penalty regarding B&D Boiler Removal, Inc., for Asbestos violations. The company, located at 92 Farrell Street, Pawtucket, RI, failed to submit written notification to MassDEP for removal of friable asbestos containing material (ACM), and for committing asbestos work practice violations during the removal of asbestos from a residential property.  

3/5/08: MassDEP entered into a Consent Order with an $8,250 Penalty involving  S. Craig Gillard for Wetlands violations at 36 Doten Road in Plymouth. Gillard altered approximately 13,000 square feet of bordering vegetated wetlands without authorization.  Specifically, wetland vegetation was clear-cut and mowed beyond the limit of work established under a valid Order of Conditions.  A full restoration plan has already been submitted with a full-calculated penalty or $6,500.  MassDEP has agreed to suspend $1,750 pending full compliance with the restoration plan. 

3/3/08: MassDEP entered into a Consent Order with a $23,020 Penalty regarding Pro Equipment Rental for Air Quality, Hazardous Waste Management and Stormwater Management violations in Waltham. MassDEP responded to a citizen complaint regarding oil odors and oil run-off to the Charles River. As a result of the inspection, the company has agreed to correct the violations and to the Penalty amount. Pro Equipment Rental will also be required to perform an assessment of portions of the property to investigate any possible contamination from activity at the site

3/3/08: MassDEP entered into a Consent Order with a $26,410 Penalty regarding Pro Cut for Hazardous Waste Management violations in Waltham.  The company has agreed to correct the violations, which were found during an inspection by MassDEP.

3/3/08: MassDEP entered into a Consent Order with a $23,070 Penalty regarding Pro Waste Disposal, Inc., for Solid Waste Management violation, specifically, portions of the Pro Waste Disposal facility are being used for the storage and/or disposal of solid waste, without being Site Assigned or permitted for such activity as required. The company has agreed to correct the violations, which were found during an inspection by MassDEP.

3/3/08: MassDEP terminated a 2/25/08 Boil (Water) order to Fairlane Mobile Home Park and Sales, Inc. relative to prior Water Supply violations in Lunenburg.  The Park, which is a public water system located on Mass Avenue on route 2A in Lunenburg, has now received results that indicated two rounds of sampling data showed absence of any total coliform.  Additional sampling and corrective action activities are under the direction of MassDEP.

3/1/08: MassDEP entered into a Consent Order with a $5,750 Penalty regarding the Massachusetts Highway Department for Water Pollution (septic system) violations at its Andover Depot. "MassHighway" has agreed to upgrade its existing failing septic system serving its Andover Depot, located at the I-495/I-93 interchange.  The septic system upgrade encountered delays when the location of a salt pile at this depot, which is within the watershed of the Town of Andover's reservoir, raised local concerns. Today's Order requires the approved (but partial) upgrade to be installed.  The new septic tank is to be converted to a temporary holding tank, and be pumped more frequently and more closely monitored. MassHighway will simultaneously investigate the prospect of relocating the Depot outside the watershed.  There will be no discharge to the ground at this time.  In the event that relocation of the depot to the proposed new location is not possible, the rest of the approved system will be installed.  MassDEP has agreed to suspend the entire penalty pending compliance with the terms of today's Order.

February 2008

2/29/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Liberio Demello as trustee of1615 Cove Road Realty Trust for Waste Site Cleanup violations in New Bedford. The Trust owns the commercial property, which is a former gas station that has been the site of a release of petroleum from its former underground storage tanks.  In September 2006, MassDEP issued the Trust a Notice of Noncompliance (NON) for failure to complete cleanup actions at the site in a timely manner. The Trust did not comply with that NON. In addition to the Penalty, today's Order establishes deadlines for the Trust to complete response actions at the site.

2/29/08: MassDEP executed a Consent Order with Michael D. Lazo for Waste Site Cleanup violations at 104-110 West Main Street in Dudley, a former dairy property where a release of petroleum from an underground storage tank occurred.  The release occurred immediately adjacent to a municipal water supply well field.  Originally, the potentially responsible party was listed as Leo Ready Mix Concrete, which obtained a permit but did not complete the necessary cleanup work. That cleanup permit has since expired.  During that time, Lazo purchased the property and then subdivided it and sold portions of the site to other parties, including the Dudley Water Department.  Lazo recently submitted a permit extension application.  Lazo was not the original permitee, and MassDEP could not approve the extension.  Due to the length of time that the site has been out of compliance, and in order to avoid the expenditure of resources on the transfer of the initial permit application, Lazo has now agreed to enter into today's Order in lieu of seeking further permit extensions. 

2/29/08: MassDEP entered into a Consent Order with a $4,000 Penalty involving the trustees of Clark University for Waste Site Cleanup violations in Worcester. Specifically the violations involve the failure to notify MassDEP of a condition of substantial release migration.  Clark University personnel detected heating oil vapors in indoor air while conducting an assessment of a release of heating oil to the basement of a three-decker student residence.  Clark University personnel installed a temporary basement ventilation system to mitigate the condition, without prior notification or approval.  In addition to the Penalty, Clark will conduct a Supplemental Environmental Project (SEP) valued at $12,000.  Under this SEP, the City of Worcester will use the funds to support the on-going improvements to the city's Brownfield GIS project, a mapping system of sites where a release of oil or hazardous material has occurred.

2/29/08: MassDEP executed a Consent Order with a $15,000 Penalty regarding Wellesley Rosewood - Maynard Mills, LP for Air Quality and Industrial Wastewater violations in Maynard. While conducting an inspection of the facility, it was determined that the company was burning oil in its boilers and not natural gas, which represents a violation of its existing air quality plan approval.  It was also determined that the company was operating an industrial wastewater pre-treatment system without having a licensed operator. Today's Order requires the company to attain compliance with all applicable regulations.  MassDEP has agreed to suspend the entire Penalty pending completion of a Supplemental Environmental Project (SEP). Under the SEP, the company will purchase components of a system that will help a tenant, another company, produce hydrogen through the use of a proprietary technology.  The hydrogen will then be compressed and used to fuel a hydrogen generator in order to provide electricity during 'peak' periods.  Hydrogen fuel will also be used to power a shuttle bus to transport employees and visitors from a local train station to the Wellesley Maynard buildings.  In addition to the SEP, today's Order assures compliance with the company's air-quality approval and the proper management of (approx.) 800 gallons of industrial wastewater per week.

2/29/08: MassDEP issued a Demand Letter to Fannie Mae for stipulated civil penalties relative to Waste Site Cleanup violations in Templeton. Fannie Mae, which is based in Dallas, Texas, failed to comply with the terms of a previously established (2/9/06) Consent Order, regarding a residential fuel oil spill at 7 First Street in Templeton. The company agreed to submit a final cleanup statement no later than 10/1/07.  The company failed to comply with that deadline, as the required report was not received until 12/4/07.

2/29/08: MassDEP issued a Unilateral Order to Tree Design Group, Inc., of Russell, and Rene Lussier of Peach Tree Design Group, Inc. for clearing trees in the buffer zone of a wetlands resource area of Russell Pond in Russell without the proper notification or approval.  An observed 100-feet wide swath of Buffer Zone was cleared along 90 feet of "bank."  In addition, silt fence was ripped allowing site drainage and runoff from the construction site to flow across the buffer zone toward Russell Pond.  The Order requires immediate cease and desists from further disturbance as well as the submittal of a restoration plan and site stabilization by 3/14/08.

2/29/08: MassDEP's Environmental Strike Force investigated and developed a case that resulted in a Berkshire Grand Jury indictment of John Duquette, a Florida (Massachusetts) resident in connection with the alleged illegal dumping of waste in a North Adams sewer line, and the alleged assault of a former employee. Duquette was charged with illegal disposal of sewage, assault and battery, and Intimidation of a witness. Duquette is the owner of Berkshire County Construction in North Adams.  The matter came to the attention of authorities in late 2007 when two former employees of Duquette contacted the North Adams Police Department concerning the company's practice of illegally dumping septic waste. North Adams officials notified the state's Attorney General, whose office alerted the Strike Force. The subsequent investigation found that allegedly after emptying the septic system at a home or business, the employees were instructed by Duquette to attach the sewer hose on the company truck to a coupling attached to a manhole cover on the company's property. The employees also claim that the contents of the truck would then be discharged into the North Adams sewer system. Duquette allegedly threatened an employee to never to say anything about the operation and also physically assaulted the employee. Authorities claim that Duquette was responsible for illegally dumping thousands of gallons of septic waste into the North Adams sewer system. During the course of the investigation, Strike Force investigators determined that neither Duquette nor his company had the proper permit to empty septic waste into the manhole located on the property of Berkshire County Construction.  A trial date has not yet been set.

2/28/08: MassDEP issued a declaration of a water-emergency to Eagle Hill School in Hardwick. The residential school requested the declaration when its staff discovered a serious loss of water and difficulty maintaining adequate storage.  The declaration allows the school to bring in water from an approved source to meet its drinking water needs.  MassDEP referred the public water supplier to MassRural for leak detection assistance.  MassRural utilized leak-detection equipment to effectively help narrow the area to search for the leak/loss of water.  The leak was detected.

2/28/08: MassDEP entered into a Consent Order with Scott Healey, as lead trustee of Pembroke Realty #1 Trust, for Waste Site Cleanup violations at 354 Third Street in Everett.  The Trust is the owner and/or operator of the property where violations were noted for failure to meet deadlines set out in a notice of noncompliance issued on 11/29/07.  Today's Order requires a phase II report by 8/30/08, a phase III by11/30/09, a phase IV by 3/30/09 and a final outcome statement by no later than 8/30/09. In addition, the Trust has agreed to stipulated penalties for any missed deadlines.

2/28/08: MassDEP executed a Consent Order with a $6,500 Penalty involving Christopher Ferreira for Wetlands violations at 12 Gorham Street in Chelmsford. MassDEP noted the violations at Ferreira's residential property through the use of aerial surveillance, which identified approximately 9,500 square feet of bordering vegetated wetland alteration.  Upon inspection staff found that some tree clearing and slight grading activity had been performed, but 9,000 square feet of the BVW had substantially restored naturally due to wetland hydrology remaining in the area.  However, there were small piles of rock and sand, and a portion of a wooden deck, stored in 500 square-feet of BVW.  MassDEP staff also discovered that the local conservation commission had observed the site prior to any activity being performed and verbally instructed Ferreira that the area was a buffer zone and that work could be performed in the area without any notification.  Today's Order requires the full restoration of the remaining 500 square feet of BVW with long term monitoring (acknowledging the already restored 9,000 s.f.).  MassDEP has agreed to fully suspend the $6,500 Penalty.

2/28/08: MassDEP entered into a Consent Order with a $34,500 Penalty regarding the city of Gloucester for Surface Water discharge violations at its West Gloucester Water Treatment Plant. The discharge of a caustic cleaning solution contained a very high pH went into Alewife Brook in Gloucester.  The discharge occurred during regular maintenance activities of the plant filter plates.  Today's Order requires the city to submit plans to connect the filter drain to the sewer. MassDEP has agreed to suspend $32,500 of the Penalty pending full compliance with the terms of the Order. 

2/27/08: MassDEP issued a Unilateral Order to Manchester-by-the Sea, relative to Water Supply violations around the Lincoln Street public water supply well. MassDEP noted activities within the protective Zone I of the Lincoln Street well field during an inspection on 2/13/08. MassDEP observed construction vehicles and other heavy equipment and extensive earth excavation and removal.  Today's Order requires the removal of all construction vehicles and equipment and restoration of the disturbed area within 21 days.   

2/26/08: MassDEP issued a Notice of Noncompliance to the Market Place Wastewater Treatment Facility (Joseph B, Pasquale of DSM Realty Inc) at 230 South Main Street in Middleton. The facility has on-going effluent water quality violations of its groundwater discharge permit.  MassDEP found that the facility's discharge monitoring reports indicate that the plant has suffered periodic shocks to their wastewater treatment process, suspected of causing turbidity and total nitrogen violations.  The facility's groundwater discharge is in a Zone II of a municipal drinking water well. Today's Notice calls for a return to compliance plan developed within 30-days. The plan must be submitted to MassDEP for review and approval.  MassDEP is in the process of reviewing the facility's groundwater discharge permit renewal application.

2/26/08: MassDEP issued a Notice of Noncompliance to the city of Gloucester's Department of Public Works for Wastewater Management violations at 26 Highland Street. The DPW was cited for unauthorized sewer system overflows and for failing to provide MassDEP with a notification of the event within 24 hours of becoming aware of the incident.  Today's Notice requires the city to provide proper training of its wastewater staff (including the Public Works, Engineering Department and Board of Health) within 14 days. As part of the training process the city must collect and retain signed certifications of the training from each person required to be trained.  Copies of the signed certifications are to be sent to MassDEP.   Furthermore the City must revise its Emergency Preparedness and Response Plan (last revised in June 2007) in order to better reflect reporting requirements for the city's wastewater collection system.  The city also has been notified that it has until 5/1/08 to submit this revised plan to MassDEP for review and approval.

2/26/08: MassDEP entered into a Consent Order with a $6,900 Penalty regarding Titan PCB East for Hazardous Waste Management, Air Quality and Industrial Wastewater violations at its 2 Industrial Way facility in Amesbury.  Titan PCB East manufactures quick turn rigid printed circuit and flexible boards for commercial and milling applications. During the inspection, MassDEP found numerous violations. The facility has hired an environmental consulting firm to assist them in returning to compliance. MassDEP has agreed to suspend $2,556 of the Penalty pending full compliance for a period of one year.

2/26/08: MassDEP executed a Consent Order with the town of Millville for Solid Waste violations regarding the final closure of its inactive landfill.  The town has an approved permit (Corrective Action Design) and today's Order grants an extension to that permit. The town must now complete all closure activities and submit the required certification report.  Stipulated penalty provisions are included in the Order should compliance with the established date not be achieved. 

2/26/08: MassDEP entered into a Consent Order with a $12,000 Penalty involving Fontaine Brothers, Inc. and the Town of Rutland for Wetlands violations in Rutland. Fontaine Brothers, Inc., which is located in Springfield, Mass., was engaged in a public school construction project at the Glenwood Elementary School in Rutland.  Upon receiving a request for assistance from the Rutland Conservation Commission, MassDEP conducted an inspection of the construction site and observed that a discharge of sediment and silt to a perennial stream and adjacent bordering vegetated wetland was caused by inadequate and ineffective erosion controls.  MassDEP then promptly issued a Unilateral (cease-and-desist) Order that required immediate stabilization of the work site with adequate erosion controls and the hiring of a wetlands specialist to assess the damage.  The company did so, and has now agreed to enter into today's Order, which requires improvements to the drainage structures at the facility to prevent erosion, and establish a schedule for restoration of the impacted wetland resources in the area.  Through corrective action, approx. 5,000 square feet of Bordering Vegetated Wetland and 5,000 square feet of land under waterbodies will be restored.

2/26/08: MassDEP issued a Unilateral Order to Fairlane Mobile Home Park and Sales, Inc., for Water Supply violations in Lunenburg. The company, as public water supplier, is required to notify all its consumers to boil tap water prior to using it for drinking and culinary purposes, and to take all necessary steps to prevent future incidents of contamination.  This action will ensure that the population served by this public water supply will continue to receive water that is safe and fit to drink.

2/25/08: MassDEP entered into a Consent Order with the town of Winchendon for Water Supply violations. The town has agreed to bring its pubic water storage facilities and water distribution system into compliance with Drinking Water Regulations.  The Order establishes a schedule for inspections and needed maintenance of the town's four water storage tanks, and submission of a water distribution study report for MassDEP to review and approve.  The report must address replacement, or phase-out, of Tank #4 as a first priority due to the serious structural deterioration of the tank.  The report must also address replacement of the 12-inch transmission line from the Ashburnham-Winchendon Regional Water Plant in Ashburnham.  In addition, the town must update its water distribution map, and develop a SCADA system (Supervisory Control and Data Acquisition) for the town - SCADA and other types of control systems regulate real-world activity, such as the amount of water flowing   The town is also required to submit cross-connection testing requirements as well.  This action will ensure that the 5,600 residents served by this public water supply will continue to receive a safe and clean water supply

2/25/08: MasDEP entered into a Consent Order with a $9,950 Penalty regarding Safety-Kleen Systems, Inc., for Hazardous Waste violations in Walpole. The company, which provides industrial hazardous waste management cleaning services, was observed on 5/17/07 discharging 20-50 gallons of oily wastewater to the ground surface at a lot owned by Cook's Yamaha, 222 Providence Highway in Walpole. The discharged wastewater was regulated as a Massachusetts hazardous waste (waste oil), therefore Safety-Kleen Systems, Inc. was in violation of Hazardous Waste regulations due to the release of the hazardous waste without a license. In addition to the Penalty, the Order requires Safety-Kleen Systems, Inc. to ensure that its personnel, including its drivers, are properly trained in procedures to respond to spills or other releases.

2/25/08: MassDEP entered into a Consent Order with a $4,350 Penalty regarding S&L Rolloff Service, Inc., for Asbestos violations at 63 Church Street in Mattapoisett.  The company transported asbestos containing waste material from this location in a manner that was in violation of Air Quality regulations. MassDEP has agreed to suspend $3,262.50 of the Penalty - pending the implementation of a Supplemental Environmental Project ("SEP"). Under the SEP, the company will initiate within 30 days the use of warning labels on waste containers, information handouts to customers and asbestos training to its employees.

2/25/08: MassDEP was notified of a potential oil release (Waste Site Cleanup) at a single-family residential property in Marion. The Marion Fire Department was initially notified of a potential leaking underground storage tank when a tenant reported a significant increase in oil consumption.  Information gathered to date indicates while there may have been knowledge that the tank has in fact been leaking for some time, the owner of the property, currently in Florida, previously had a new above ground tank installed. MassDEP has arranged an on site inspection with the tenant, BOH and Fire.  To date, no release has been determined, but the matter remains under investigation.

2/22/08: MassDEP issued a Unilateral Order to Blackstone-Chicago Realty Trust for Hazardous Waste Management and Solid Waste violations at its Uxbridge property. Today's Order requires the Trust, which owns a 53-acre wooded parcel of land in Uxbridge, to properly remove and dispose hazardous waste and solid waste found discarded on the property.  Environmental Strike Force personnel, accompanied by members of the municipal board of health and DPW workers identified seven 275-gallon home heating oil tanks containing waste oil, oil residue and oil-contaminated water, as well as piles of solid waste dumped in various locations on the property and in close proximity to the Mumford River. 

2/21/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving the city of Northampton to address Air Quality violations at the city's Glendale Road Landfill.  In response to many odor complaints caused by the landfill, MassDEP, discovered that a flare used for burning the landfill gas, was not being operated in accordance with it's permit.  In many instances the flare had failed to ignite causing unburned, odorous landfill gas to be released.  The city was cited for failure to operate the flare in accordance with its air pollution control permit, but has since been working cooperatively with MassDEP to address the issue including modifying the flare in order to ensure its proper operation.  In addition to the Penalty, the city will implement a Supplemental Environmental Project (SEP) worth $4,750.  The SEP will entail the implementation of an energy efficiency audit at city owned and operated facilities.

2/20/08: MassDEP issued a Unilateral Order to Farley Water Association, for Water Supply violations serving five properties in the town of Erving.  The members failed to fulfill their responsibilities as a public water system, including the requirements for a certified operator to oversee the system and routine water quality monitoring.  The order directs the members to take the actions needed to meet drinking water standards within set timeframes.  The order also incorporates the option that one or more properties may be removed from the system, meaning the FWA would be declassified as a public water system instead maintained as private wells.

2/19/08: MassDEP entered into a Consent Order with the town of Palmer for Water Pollution Control violations (combined-sewerage overflows). Under today's agreement the town will eliminate its remaining CSO discharges by 12/15/11.  The Town has previously undertaken a number of projects to reduce its CSOs and has now agreed to a specific schedule to undertake projects needed to eliminate the remainder.

2/19/08: MassDEP executed a Consent Order with a $4,350 Penalty regarding JRM Hauling for Solid Waste violations at its compost facility in Beverly. During an inspection of the facility, MassDEP found the placement of approximately ten yards of (fish) lime cake.  The lime cake had been approved (for re-use) as sludge for land application by farms in Massachusetts and not approved the composting of the lime cake with leaf and yard waste. In addition to the Penalty, JRM Hauling has agreed to cease the composting of lime cake at the site.

2/15/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving Granby Auto Salvage for environmental violations at its Granby facility. The company has agreed to correct the various violations, including noncompliance with the management requirements relating to waste oil and not registering its waste oil space heater with MassDEP.  Granby has fully cooperated with MassDEP to correct the violations.

2/15/08: MassDEP executed a Consent Order with Jean Fernery and Patricia Nazzaro for Waste Site Cleanup violations at 346 Salem Street in Revere. Specifically, violations were for failure meet deadlines set out in a Notice of Noncompliance issued on 10/11/07. Today's Order requires a phase II report by 10/30/08; a phase III by 1/30/09; phase IV by 5/30/09; and, a final outcome statement no later than 1/30/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/15/08: MassDEP issued a Unilateral Order to Waste Management of Massachusetts, Inc., for Solid Waste violations in Springfield.  The company is required to evaluate and repair the existing landfill gas collection system, and the installation of an additional flare to control landfill gas (and malodorous emissions) at the Cottage Street Landfill in Springfield.

2/15/08: MassDEP executed a (second) Amended Consent Order with the town of Holbrook for Water Pollution Control violations. The Order contains a revised plan and schedule that Randolph will undertake to continue to effectively address the rehabilitation and maintenance of its municipal sewer system.  Today's Amendment sets forth a revised plan and schedule for additional work into reducing the infiltration and inflow into the system (due to breaks/cracks, etc) Reducing this flow into the town's sewer system is necessary to eliminate extraneous peak flows and preserves capacity for the municipal system to function properly and as it enters the regional collection system.  Since the signing of the original Order, the town has made substantial progress in completing the work. The town's consultant, CDM, has provided MassDEP updated information on the condition of the sewer system and estimates of the remaining excessive flow into the system.  As a result of the work completed thus far and the updated information, the town has requested revisions to the original plan and schedule.  MassDEP has concurred with the requested revisions and updates to the plan and schedule.

2/14/08: MassDEP executed a Consent Order with an $8,625 Penalty regarding the Seekonk Mall Trust / Developers Diversified Realty Corp. & EDF Seekonk II LLC for Water Pollution Control violations in Seekonk. The aforementioned entities are the owners of the Ann & Hope Plaza  (the property), located at 95 Highland Avenue in Seekonk. The property is comprised of two large box stores and a large strip mall type structure. In the early 1990s a wastewater treatment plant was installed, to service the property. The plant had been maintained and operated properly, but was neglected for several months, leading to a sewage overflow, which was contained within the properties parking lot. MassDEP responded to the Seekonk Board of Health's report and supervised the cleanup and repair to the plant's influent pump station. The property owners have since replaced operational staff, repaired and/or replaced treatment units and are in the process of upgrading the plant to provide de-nitrification capability.

2/13/08: MassDEP issued a Unilateral Order to Abrasive Blasting for violations in Worcester. The Company was ordered to cease and desist the blasting of metal equipment and the discharge of dust into the ambient air.  The Order follows a recent inspection following a referral from the federal Environmental Protection Agency. Today's Order follows a similar notice of noncompliance related to similar issues in 2006.

2/13/08: MassDEP entered into a Consent Order with a $5,750 Penalty regarding the city of Peabody for Drinking Water violations.  The city had been discharging water treatment plant residuals to Lower Spring Pond and the discharge resulted in excessive aluminum levels to the Pond.  In addition to the Penalty, the city is now required to submit an amended Restoration Plan (superseding a prior plan) that will establish specific schedule for the removal of all sludge from the Pond by 10/1/08.

2/12/08: MassDEP executed a Consent Order with the Andover Newton Theological School for Waste Site Cleanup violations at 163 Herrick Road in Newton. The School owns/operates the property, where it has failed to meet cleanup deadlines set out in a notice of noncompliance issued on 12/6/07.  Today's Order requires the School to file a permit extension and an Immediate Response Action status or completion report by 3/30/08.  In addition, a phase II report is due by 8/30/08; a phase III by 2/28/09; a phase IV by 8/30/09; and, a final outcome statement by no later than 2/28/10. Today Order contains a stipulated penalty provision for any missed deadlines.

2/12/08: MassDEP entered into a Consent Order with a $39.500 Penalty involving the city of Lawrence for Drinking Water Section violations at is water treatment plant. The city violated the terms and conditions of a 2004 Consent Order and a 2007 Consent Order. Today's order includes a number of requirements such as: ensuring that a certified operator, qualified at the appropriate grade, is physically present for the entire duration of each shift; that all perimeter gates and exterior doors are secured at all times; that access to the water treatment plant is controlled; that a long-term security plan will be submitted for review and approval; that Lawrence will operate the chlorine dioxide generator that had been off-line; that Lawrence will develop and submit to MasDEP certain Standard Operating Procedures for  alarm settings and response to alarms; and, that all components of the SCADA system and alarms are fully operating and in working condition. SCADA is Supervisory Control and Data Acquisition, and is a type of control system that regulates real-world activity, such as the amount of water flowing   MassDEP has agreed to suspend $19,500 pending compliance with the terms of the Order for a period of two years.

2/12/08: MassDEP executed a Consent Order with Demakes Enterprises, Inc., for Waste Site Cleanup violations at 88 Marion Street in Lynn. The company owns/operates the property where it has failed to meet deadlines set out in a notice of noncompliance issued on 11/23/07.  Today's Order requires an Immediate Response Action status or completion report by 6/30/08 and a phase II report by 7/30/08. In addition, a phase III report is due by10/30/08; a phase IV by 3/30/09; and, a final outcome statement by no later than 9/1/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/8/08: MassDEP executed a Consent Order with Francis Waterman for Wetlands violations in Cheshire.  MassDEP found that Waterman had begun the construction of an agricultural access road within a resource area without a permit (Final Order of Conditions). MassDEP learned of the road in processing an appeal of a local permit (Order of Conditions).  Today's Order requires the restoration of less than 5,000 square feet of the impacted wetlands, and addresses the "agricultural crossing" previously created in conjunction with the construction of the new subdivision road. 

2/8/08: MassDEP entered into a Consent Order with a $6,500 Penalty involving the Call & Wait, Inc., for Waste Site Cleanup violations in Norfolk. The company was cited for violating the notification provisions when In August, 2006, MassDEP received laboratory analytical data showing releases of oil and hazardous materials on the company property.  Although the results revealed the requirement to notify MassDEP within 120 days, the company did not report.

2/7/08: MassDEP entered into a Consent Order with the YMCA Camp Hi-Rock, for Wetlands violations at its facility in Mount Washington. MassDEP found that the Camp had begun construction of an access road in violation of ifs MassDEP permit (Final Order of Conditions).  Construction work resulted in alteration of 2,756 square feet of bordering vegetated wetlands and less than 50 feet of bank. Today's Order requires restoration of the area.  The project had begun under a local permit, however, conservation commission enforcement orders stopped the work and the parties requested MassDEP assistance in resolving issues at the site.

2/7/08: MassDEP executed a Consent Order with a $50,500 Penalty regarding William F. Harvey for Wetlands and Waterways (Chapter 91) violations at 267 Pawtucket Boulevard in Tyngsborough. In responding to a complaint, MassDEP found the violations at the residential property. Harvey had constructed a four to five foot high crude stonewall approximately 100 linear feet long along the bottom of the Bank on the Merrimack River.  The footprint of the toe of the wall filled approximately 104 square feet of resource area (Land Under Water) Harvey also constructed a hard footed, pile-supported pier extending into the river.  All of this activity was conducted within the estimated habitat of a rare wildlife.  This work had been done without notification or authorization.  Today's Order requires removal of the wall; the stabilization/restoration of the bank (i.e. soft solution); the long term monitoring; and, either full retroactive permit for the pier by 10/1/08 or the subsequent removal of the pier until such authorizations are received. MassDEP has agreed to suspend  $40,500 of the Penalty pending compliance by 10/31/12.

2/7/08: MassDEP entered into a Consent Order with Essex Agricultural and Technical Institute for Waste Site Cleanup violations at 562 Maple Street in Danvers. The Institute is the owner and/or operator of the property where violations were noted for failure meet deadlines established in a notice of noncompliance issued on 11/29/07.  Today's Order requires an Immediate Response Action status or completion report by 2/29/08 and a phase II report by 10/27/08.  In addition, a phase III report is due by 2/23/09; a phase IV by 5/25/09, and a final outcome statement by no later than 1/10/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/6/08: MassDEP issued a $29,042.50 Penalty Assessment Notice to Nelson Sleeper for Drinking Water violations at 65 Worcester Road in Charlton. Sleeper is the owner of an apartment complex at that location.  During an inspection several years ago, MassDEP determined the residents of the apartment complex were receiving drinking water from an unapproved source and was not undergoing appropriate testing.  Testing was immediately begun and Sleeper met with MassDEP to discuss compliance issues. While testing showed no water quality issues, Sleeper has failed to complete negotiations with MassDEP to address enforcement issues resulting from this violation.  Today's Penalty accompanies a Unilateral Order to Sleeper to address remaining compliance issues.  These actions will ensure that safe drinking water is and continues to be supply to the facility's 80 residents.  

2/6/08: MassDEP has issued a Unilateral Order to the town of Stoughton and TW Conroy for Solid Waste violations at the Page Street Landfill in Stoughton. Today's Order requires the owner/operator to complete the lateral waste delineation and complete the installation of the landfill soil-gas monitoring network.  Of particular concern was the fact that recent environmental monitoring data (of the partially installed monitoring network) indicates that landfill soil-gas is laterally migrating.  Today's Order sets forth a compliance schedule to complete the required assessment/monitoring activities, waste delineation and landfill soil-gas monitoring. 

2/4/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding John F. Tautznik & Sons Construction Company, Inc., for Asbestos violations in Southampton.  John Tautznik is the president of company, which is based in Easthampton. MassDEP received a complaint (that asbestos had not been removed from a vacant house located in Southampton prior to its demolition) and found on 6/1/07 asbestos-cement siding, known as transite, on the ground at the demolition site.  Most of the asbestos had been crushed and was in the cellar, co-mingled with other debris. Tautznik and the property owner fully cooperated with MassDEP and retained an asbestos contractor to clean up the site, as well as an asbestos consultant to monitor the air during the cleanup.  Tautznik will pay $5,000 of the Penalty, with the balance of the penalty suspended during a one-year probationary period.  Tautznik also agreed to implement Best Management Practices for his company to prevent any future violations of the asbestos regulations.

2/4/08: MassDEP entered into a Consent Order with a $10,000 Penalty involving Joseph Pafumi for Asbestos violations on Main Street in Springfield. Pafumi of Wilbraham was found to have conducted asbestos handling violations at this location in the Indian Orchard section of Springfield.  The Springfield Building Inspector notified MassDEP that demolition activity had been shut down and that the city's demolition permit had been revoked.  MassDEP inspected the site and found pieces of asbestos-cement siding, known as transite, at various locations around the site.  A review of MassDEP records showed that no asbestos removal notification was on file for the work.  Pafumi indicated to MassDEP inspectors that he had performed the siding removal prior to beginning the demolition operation.  Pafumi, who fully cooperated with MassDEP, retained an asbestos consultant to inspect the interior of the property for asbestos materials and to devise a clean up plan for the site.   Under MassDEP's supervision, Pafumi has retained a licensed asbestos contractor to clean up the site and remove the remaining asbestos found inside.  Another contractor has demolished the building.  MassDEP has agreed to suspend $5,000 of the Penalty pending a one-year probationary period.

2/4//08: MassDEP entered into a Consent Order with a $1,500 Penalty regarding Temby Auto, for Hazardous Waste Management and Wetlands violations in Springfield.  The facility was in noncompliance with the requirements to post signs, lines and labels for its waste oil containers and storage areas.  Additionally, numerous vehicles had been placed within 100 feet of a pond.  Temby Auto will pay a $1,000 penalty, bring its facility into compliance and work with the Springfield Conservation Commission to address the vehicles near the pond. MassDEP has agreed to suspend $500 of the Penalty pending compliance with the Order.

2/4/08: MassDEP issued a $250 Penalty Assessment Notice to Clean Care Service for Water Pollution Control violations in East Longmeadow. A worker for the cleaning service company, located in Springfield, was observed discharging a cleaning wastewater to a storm drain.  MassDEP personnel received a telephone call from an East Longmeadow Fire Department employee who witnessed the discharge of rug and carpet cleaning wastewater into a storm drain located in the parking lot of a retail pharmacy store at 31 Maple Street, in East Longmeadow. The wastewater was generated and accumulated by Clean Care Service during work at the pharmacy.

2/1/08: MassDEP executed a Consent Order with $27,000 Penalty regarding High Point Treatment Center for Water Pollution Control violations in Plymouth. MassDEP observed during a permit renewal inspection that High Point was discharging untreated wastewater into a storm drain, conducting inadequate Operations & Maintenance of its wastewater treatment facility and had inadequate coverage (certified operator). In addition to the Penalty, High Point will take immediate steps to ensure compliance with wastewater disposal and with operations & maintenance of the on-site wastewater treatment plant. MassDEP has agreed to suspend $17,000 of the Penalty pending compliance. 

January 2008

1/31/08: MassDEP entered into a Consent Order with the town of Edgartown (and the Martha's Vineyard Refuse Disposal & Resource Recovery District) for Solid Waste violations at the Meshacket Road Landfill in Edgartown. The specific violations involve the failure to complete the assessment and closure/capping of the unlined municipal landfill. At issue is the fact that through the review of the landfill closure certification report that had been submitted in 2002, MassDEP determined that the assessment/closure/capping of the unlined landfill had not been completely performed. Also, a 2-acre area located at the site was not included in the original landfill assessment, closure and capping plans that the parties implemented 1997-2001 pursuant to a MassDEP Order of 5/15/95.  MassDEP's review of recently-submitted information found that this 2-acre area had been used as the location of a temporary solid waste transfer station established at the landfill while the District established a larger "central facility" elsewhere on the island. At the time, the landfill was going through its "original" assessment, closure and capping.  At that time, it was thought that this 2-acre area did not contain any solid waste.  Today's Order establishes a compliance schedule whereby the additional 2-acre landfill area will now be assessed and capped, and an expanded environmental monitoring network will be developed for the site, which will incorporate the additional 2-acre area. Today's Order also includes provisions for payment of a suspended $34,340 Penalty in the event of failure to comply with the terms of today's Order.

1/31/08: MassDEP entered into a Consent Order with a $8,050 Penalty regarding Burlco LLC for Water Pollution Control violations at Arboretum Apartments [AEW Capital Management, L.P.] off of Peach Orchard Road in Burlington.  The Order with the AEW signatory was for violating terms of their original sewer connection permit and failing to obtain a currently valid sewer connection permit to discharge wastewater.  In addition to the Penalty, the respondent must contribute $56,679 into the town of Burlington's Infiltration & Inflow Bank, which was established to address concerns related to an existing on-site wastewater pump station and 330,000 gallon holding tank.  Burlington is actively engaged in identifying and removing sources of I/I in their wastewater collection system to mitigate sewer system overflows to Vine Brook in Burlington and also further downstream in Woburn at Horn Pond. MassDEP has agreed to suspend $6,050 of the Penalty pending compliance. 

1/31/08: MassDEP entered into a Consent Order with a $6,500 Penalty regarding Brown & Parsons, Earth Products for Wetlands violations at 47 Golden Grove Road in Chelmsford.  The site violations were initially discovered through the Wetland Change Project using aerial photography.  Upon investigation, staff confirmed that approximately 1,960 square feet of bordering vegetated wetland was altered during the four years the business leased the site. The alteration resulted from materials storage and various business operations including significant efforts to clean up the site and make improvements to stormwater flows and erosion control.  However, none of the activity had the required authorization or approval.  The document requires full restoration (with a plan that will likely include additional voluntary stormwater controls and buffer zone improvements) and long-term monitoring. MassDEP has agreed to suspend  $2,500 pending full compliance.   

1/31/08: MassDEP entered into a Consent Order with a $31,500 Penalty regarding Greg Bruett for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead.  Bruett, who owns and/or operates the property failed to meet deadlines established by MassDEP in a Notice of Noncompliance.  Today's Order requires an immediate response status report by 1/31/08 and a phase one and classification by 4/30/08. MassDEP has agreed to suspend $18,500 of the Penalty pending compliance, and contains a stipulated penalty provision for any missed deadlines.

1/30/08: MassDEP entered into a Consent Order with a $12,000 Penalty regarding Battle Road Farm Condominium Trust for Groundwater Discharge violations in Lincoln. The Trust owns and operates a wastewater treatment facility with discharge to the Shawsheen River.  The Trust was out of compliance with its permit to discharge for several parameters including nitrogen.  In addition to the Penalty, the Trust is required to implement a facility evaluation to bring the facility back into compliance.

1/29/08: MassDEP issued a Demand for $17,500 for Stipulated Penalties to Leo Bertolami and Powder Ridge Realty Trust for Waste Site Cleanup violations in Acton. The Demand was issued to Bertolami - both individually and as trustee of Powder Ridge Realty Trust - because the Supplemental Environmental Project (SEP) required under the settlement agreement has not yet been met. The settlement was approved in 2007 to resolve 21E violations and penalties, and included a SEP, which would have placed conservation restrictions on certain property in Concord. To date, there is no evidence that the SEP has been completed.

1/28/08: MassDEP entered into a Consent Order with the Federal Bureau of Prisons for Water Pollution Control violations in Devens.  The Bureau has agreed to correct issues with the federal medical center, specifically the wastewater treatment plant. In 2007, the facility caused a release of untreated wastewater into a nearby water body, Mirror Lake. Today's Order requires the facility to submit a proposed standard operating procedure for notifying federal, state and local authorities on any future overflow, as well as a schedule for capital improvements to the system to prevent future overflows.

1/28/08: MassDEP executed a Consent Order with a $27,620 Penalty regarding Daniel and Jacqueline Rutowicz for Asbestos violations in Holliston. MassDEP determined the violations during a renovation at the Holliston residence. Prior to today's Order, the site had subsequently been properly cleaned. MassDEP has agreed to suspend $25,620 of the Penalty pending full compliance with all asbestos regulations for one year.

1/25/08: MassDEP entered into a Consent Order with the town of Hanson for Solid Waste violations at the Municipal Sanitary Landfill on Franklin Street in Hanson. The site serves as landfill and solid waste transfer station/recycling center. The unlined landfill ceased operation during the early-mid 1970's and converted disposal operations to a transfer operation. The landfill site was never assessed and there are no records demonstrating the landfill was ever capped.  Records also indicate that the transfer station was never permitted. In November 2007, the town approached MassDEP and requested guidance and assistance regarding the performance of whatever actions necessary in order to comply with state regulations.  Today's Order establishes a compliance schedule whereby the landfill and transfer station site will be assessed. The town will also determine whether any environmental impacts have resulted from the uncapped nature of the landfill as well as whether the transfer station is being placed at risk due to its presence on top of the uncapped landfill.  Compliance with Order will result in the acquisition of all necessary permits for the site/facility inclusive of establishing an appropriate environmental monitoring network for the site. The monitoring is important because the landfill/site is located upgradient of a Hanson's public water supply source.  The Order also includes provisions for payment of a suspended $29,600 Penalty in the event of failure to comply.  

1/25/08: MassDEP executed a Consent Order with Thomas Fitzgerald for Waste Site Cleanup violations at 54 Pawtucket Boulevard in Tyngsborough. Fitzgerald, owns the property (the former Stateline Auto Recovery & Towing Site) where there was a failure to submit a phase IV final outcome within the deadline. New deadlines have now been established to return the site to compliance with the submittal of a phase IV by 7/29/08 and either a final outcome or remedy status by 9/28/08. In addition, Fitzgerald agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

1/24/08: MassDEP executed a Consent Order with Jet-A-Way, Inc. for Waste Site Cleanup violations at 20-56, 31-47 Kemble Street in Roxbury. The company is the owner and operator of the properties where it has failed to submit timely cleanup reports including final outcome within the deadline established in a notice of noncompliance previously issued by MassDEP on 10/15/07. New deadlines have now been established to return the site to compliance with the submittal of tier II extension by 2/1/08 and phase II and III reports by 12/31/08, a phase IV plan by 4/30/09 and either a final completion or remedy status by 10/31/09. In addition, Jet-A-Way, Inc. agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

1/24/08: MassDEP entered into a Consent Order with a $30,000 Penalty involving Joseph Ruggiero for Waste Site Cleanup violations at 181 North Washington Street in Boston. This is the third Consent Order with Ruggiero for cleanup violations at the site.  Specifically, the violations were for failure to submit the phase III plan by the deadline established in the previous Order with Penalty entered into with MassDEP on 7/24/06.  New deadlines have now been established in the latest Order to return to compliance with the submittal of revised phase reports, and a final outcome by 6/1/09.  MassDEP has agreed to suspend $10,668.76 of the Penalty pending compliance.

1/24/08: MassDEP entered into a Consent Order with a $2,875 Penalty regarding Ruby Tuesday for Water Pollution Control violations at it restaurant at 83-85 North Dartmouth Mall in Dartmouth. On 7/26/07, MassDEP personnel conducted an inspection at the site in response to a complaint and observed that Ruby Tuesday personnel had discharged grease/water mixture to an adjacent storm drain.  Ruby Tuesday immediately ceased the discharge of grease/water mixture, initiated employee training, and cleaned out the storm drain and sent the material for proper disposal.  Additionally, Ruby Tuesday will assess the potential impact the grease/water mixture impact had on the nearby Paskamansett River. 

1/24/08: MassDEP entered into an Amendment to a Consent Order with A & H Auto Exchange, Inc, for Wetlands violations at 15 Robinson Road in Salem.  Specifically, the amendments require stormwater management guidelines within Wetland Protection Act jurisdiction to a greater extent than what was contained in the original Order executed on 11/10/05. Also clarified is the process for submittal, review and approval of stormwater control plans/implementation, maintenance and monitoring reports by MassDEP wetlands staff.

1/22/08: MassDEP entered into a Consent Order with a $2,000 Penalty regarding ARC Environmental Services, Inc. for Asbestos violations at Reading High School, 82 Oakland Road in Reading. MassDEP observed the violations by ARC during a routine inspection of an asbestos abatement site located at the Reading High School. MassDEP has agreed to suspend $1,000 of the Penalty pending full compliance for one year.

1/22/08: MassDEP entered into a Consent Order with a $24,000 Penalty regarding Dorey Fuel Company, Inc. for Waste Site Cleanup violations at 262-264 Norfolk Street in Roxbury. Dorey is owner of the site where it has failed to submit cleanup reports including a phase IV by the deadline established in a previous Order (10/5/06). New deadlines have now been established including a final response outcome by 9/30/08.  MassDEP has agreed to suspend  $6,000 of the Penalty pending compliance.

1/18/08: MassDEP entered into a Consent Order with a $2,010 Penalty regarding Pharmasol Corporation for Hazardous Waste Management, Air Quality and Water Pollution Control violations in Easton.   A multi-media inspection of the company's facility revealed incomplete contingency plans, an unregistered wastewater-holding tank and record-keeping requirements. The facility has agreed to register the holding tank and comply with the hazardous waste requirement and the air pollution requirements.

1/18/08: MassDEP issued a $1,000 Penalty Assessment Notice to C&S Wholesale Grocers, Inc. for Waste Site Cleanup violations at 95 North Hatfield Road in Hatfield. C&S has failed to meet cleanup deadlines set forth in a Notice of Noncompliance (NON) issued by MassDEP relative to a discharge of 900 pounds of ammonia gas to the atmosphere.  C&S completed an initial evaluation of the release and performed repairs and upgrades to the refrigeration system but has failed to submit appropriate documentation to MassDEP regarding assessment of the release.  C&S failed to completely respond to the NON, and MassDEP then issued a letter to C&S requiring the company to attend a conference with MassDEP on 1/15/08 to discuss resolving the violation.  After receiving the letter C&S submitted all required reports documenting assessment of the ammonia release but failed to attend the enforcement conference.

1/18/08: MassDEP entered into a Consent Order with a $36,542 Penalty regarding P. A. Landers for Hazardous Waste, Air Quality and Water Pollution Control violations at its Nicks Road Road facility in Hanover.   A multi-media inspection of the Nicks Rock Road, Plymouth facility, revealed air violations relative to opacity (visible emissions) from the asphalt plant and dust nuisance conditions from equipment from the stone plant. In Hazardous Waste, improper labeling, manifesting and storing of waste oil. The Water Pollution Control violations found were related to the un-permitted discharge to the ground and an unregistered holding tank. The facility has now agreed to the Penalty and agreed to cease the groundwater discharges, register the holding tank and comply with the hazardous waste requirements and the air pollution requirements.

1/15/08: MassDEP entered into a Consent Order with a $1,725 Penalty regarding Microwave Engineering Corporation for Hazardous Waste Management violations at its 1551 Osgood Street facility in North Andover. MassDEP found the violations during an inspection of the facility. A Notice of Noncompliance (NON) was sent to facility. Microwave Engineering Corporation did not respond to the NON. A follow-up inspection of the facility found the same violations. In addition to the Penalty, Microwave is required to pay $525 in back fees. .

1/15/08: MassDEP executed a Consent Order with a $15,000 Penalty involving the Hamilton-Wenham Regional School District for Groundwater Discharge violations in Hamilton.  The District maintains a wastewater treatment plant to serve both the Mile River Middle School and Hamilton-Wenham Regional High School.  The plant has had compliance issues since its construction, and today's Order supersedes a previous Order (2002) that attempted to address the problem.  Today's Order now requires Hamilton-Wenham to implement operational changes between now and June 2008 to achieve compliance with its discharge permit.  In the event that that operational changes are insufficient, the Order requires Hamilton-Wenham to undergo a facility evaluation report outlining design changes required to achieve compliance and sets forth a schedule for construction of those design changes. MassDEP has agreed to suspend  $7,500 pending compliance with the Order.

1/14/08: MassDEP entered into a Consent Order with an $8,050 Penalty involving Donald C. Freeman Jr. PhD, as trustee for Arborwood Condominium Trust for Wastewater Management violations in Burlington.  Specifically, the Trust violated the terms of their original sewer connection permit and failed to obtain a currently valid sewer connection permit to discharge wastewater.  MassDEP has agreed to suspend $6,050 of the Penalty pending compliance with all terms of the Order including the requirement that the respondent contributes $8,970 into the Town of Burlington's infiltration/inflow bank, and also to address concerns related to an existing on-site wastewater pump station and 330,000 gallon holding tank.  Burlington's I&I bank was created to identify and remove sources in their wastewater collection system in order to mitigate the overflows prevalent in the sewer system that impact Vine Brook in Burlington and also further downstream in Woburn at Horn Pond.

1/14/08: MassDEP entered into a Consent Order with a $26, 749 Penalty regarding Stecom, Inc. for Asbestos violations at 168 Stevens Street in Fall River. The company failed to submit written notification to MassDEP for removal of friable asbestos-containing material (ACM) and caused emissions to the ambient air.  Other violations included: failure to store asbestos at an approved transfer station; failure to lower the asbestos containing material to the ground; failure to seal the work area; failure to use air-cleaning equipment; failure to place the asbestos in leak tight containers; failure to seal containers; failure to label containers; and, failure to adequately wet asbestos containing material during the removal of asbestos from the building. MassDEP has agreed to suspend $11,349 of the Penalty pending complete compliance by Stecom for a period of one year. 

1/13/08: MassDEP entered into a Consent Order with a $31,500 Penalty regarding Everett A. Russell, III for Wetlands violations at 478 Merrimack Street in Methuen, a residential property.  A gas pipeline company was previously issued local, state and federal wetland regulatory authorization for pipeline construction in an easement through Bordering Vegetated Wetland (BVW) on the site.  BVW restoration and long term monitoring was a permit requirement for the pipeline company.  Post restoration monitoring reported to DEP and subsequent MassDEP investigation revealed that the property owner had tilled and planted crops in the BVW within and beyond the restored pipeline corridor, resulting in BVW alteration of approximately a little over one acre. The activity was neither exempt nor permitted. Today's Order requires restoration of the altered BVW, long-term monitoring. MassDEP has agreed to suspend $18,625 of the Penalty pending compliance.

1/10/08: MassDEP entered into a Consent Order with U.S. Petroleum, Inc., for Waste Site Cleanup violations at 70 Galen Street in Watertown. The company is the owner and operator of the property due to the failure to submit phase II, phase III and phase IV (cleanup) reports within the established deadlines.  New deadlines have now been established to return the site to compliance with the submittal of phases II and III reports and a phase IV plan by 9/18/08. In addition, U.S. Petroleum, Inc. agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

1/10/08: MassDEP executed a Consent Order with a $9,000 Penalty regarding W. S. Construction, Inc. for Wetlands violations at 110 Main Street in North Reading. MassDEP inspected the property after receiving a complaint and found that approximately 3,500 square feet of bordering vegetated wetland had been altered as the result of wood-chips and other material stockpiling by a former tenant that operated a landscaping business from the site.  Subsequent to the tenant leaving, W.S. Construction was found to be working on the site attempting to "clean" the area, using large equipment.  None of the activity was conducted with authorization or permit.  In addition to the Penalty, the company has agreed to restore the area based on approval of plans and to long-term monitoring. MassDEP has agreed to suspend $3,500 suspended pending compliance as of 10/31/13.

1/10/08: MassDEP entered into a Consent Order with a $12,000 Penalty regarding the University of Massachusetts at Amherst for Asbestos violations. MassDEP determined a series of violations of the asbestos handling regulations occurred at the Amherst campus during the summer construction season of 2006.  The University failed to remove asbestos prior to demolition operations at two sites, and also allowed their asbestos sub-contractor to use alternate work practices during asbestos abatement operations at two other sites without prior approval.   MassDEP inspectors observed the violations during inspections in July and August of 2006.  The August inspections were conducted jointly with Federal EPA asbestos inspectors.  These violations occurred before the University had fully implemented its current campus-wide Best Management Practices that were agreed to in a 2006 Administrative Consent Order. 

1/10/08: MassDEP entered into a Consent Order with a $20,000 Penalty regarding Ben Franklin Design and Manufacturing Company, Inc. for Hazardous Waste Management violations in Agawam.  In addition to bringing the facility into compliance, the company will perform a Supplemental Environmental Project in the amount of $7,500 that entails the purchase of equipment for the Agawam Fire Department's use to assist in responding to hazardous-materials incidents. MassDEP has agreed to suspend $6,000 of the Penalty pending full compliance.

1/10/08: MassDEP executed a Consent Order with a $2,875 Penalty regarding   Pottle's Transportation, Inc. for Waste Site Cleanup violations in Charlton. The transportation-company, based in Hermon, Maine, failed to notify within two hours after a sudden release of diesel fuel. It failed to perform an Immediate Response Action in a timely manner.  The release occurred from a leaking diesel fuel saddle tank on a tractor-trailer owned and operated by Pottle's and impacted pavement for several miles along Route 20 from Auburn to Charlton before the Charlton Police Department stopped the vehicle.  Under the terms of the Order, Pottle's has agreed in addition to the Penalty, to perform a Supplemental Environmental Project (SEP) valued at an additional $8,625.  The SEP requires the installation of a computer macro in each of Pottle's trucks, publication of a news article detailing the company's noncompliance with the MCP and lessons learned, and distribution of notification stickers and cards to all drivers.  The computer will allow all tractor-trailer drivers to immediately notify Pottle's 24/7 notification center through a wireless computer connection mounted on board.

1/9/08: MassDEP entered into a Consent Order with a $2,500 Penalty regarding Seaman Paper Co. for Water Pollution Control violations in Templeton.  The company violated the conditions in its surface water discharge permit (National Pollutant Discharge Elimination System). The plant was operated by a non-certified operator and failed to conduct required monitoring and recordkeeping.  The company will take the necessary steps to comply with its permit pertaining to its wastewater treatment plant.

1/8/08: MassDEP executed a Consent Order with a $10,000 Penalty regarding Conrad & Robert Donell, individually, and as trustees of DB Realty Trust for Wetlands violations in Fitchburg. MassDEP observed the violations at a residential sub-division known as "Kopley Place" that the Trust is developing in Fitchburg.  MassDEP personnel conducted an inspection of the area in May of 2007, at the request of the local conservation commission, and observed the noncompliance.  MassDEP had granted approval for some work at the site, but the developers failed to construct storm water drainage structures, failed to construct a wetlands replication area, and had commenced work on house lots without having first obtained written approval from MassDEP as required.  Today's Order requires the submission of a revised drainage plan to MassDEP for its review and approval; placement of proper erosion and sedimentation controls at the site; and, submission of a schedule for the construction of the required wetland replication area.  In addition to the Penalty, the Donnels (of Ayer) and the Trust agreed to stipulated penalty provisions for any future noncompliance.  Completion of this action will result in properly functioning drainage for this subdivision, and the replication of 6,685 square feet of wetland area.

1/07/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving Bukowski Construction LLC for Wetlands violations on Palmer Road in Monson. Bukowski, of Wilbraham, owns the property on Palmer Road in Monson where violations of the Wetlands Protection Act were noted.   Sediment in the runoff from a construction site discharged into Bordering Land Subject to Flooding (BLSF).  An estimated 32,000 sq. ft. of BLSF was altered with an estimated loss of 48,000 cubic feet of flood storage due to runoff that occurred during an October 2005 rain episode.  In addition to the Penalty, Bukowski is required to hire a consultant, submit a restoration plan and fully implement the plan by 10/15/08.

1/7/08: MassDEP entered into a Consent Order with the town of Wayland for Water Supply violations in Wayland, specifically the town is out of compliance with the Drinking Water Regulations for public notification of lead and copper rule.  The town has agreed to take the steps necessary to achieve compliance. 

1/4/08: MassDEP issued a $17,050 Penalty Assessment Notice to Benjamin Chiu for Asbestos violations at 2 Martin Terrace in Milton. At the request of the Milton Board of Health, MassDEP personnel responded to a complaint of improper asbestos removal.  MassDEP observed improper asbestos abatement had occurred in the basement of said address without notification as required. Chiu, the owner of the property, indicated that he had hired an unlicensed entity to remove the asbestos from the basement. Several attempts were made to settle the case without success. As a result of the foregoing, MassDEP issued today's Penalty.

1/3/08: MassDEP entered into a Consent Order with a $17,425 Penalty involving the Rindge Realty Trust for Clean Water Act violations in Cambridge.  Following up on a complaint regarding sewage discharge (October 2007) the Environmental Strike Force (in October '07) inspected a catch basin at 216 Rindge Avenue in Cambridge. This property consists of an 8-unit apartment building and parking lot and is owned by Rindge Realty Trust (trustee: Lionel Goguen.)  The Strike Force discovered a release of sewage from both the catch basin and from a recently excavated gas line hole.  Samples showed that both locations contained e coli in significant excess of acceptable limits for human exposure. Cambridge officials and the property owner noted the release of raw sewage spilling out of the catch basin and the gas line excavation onto Rindge Ave. The owner was directed to take immediate action to pump the sewage out of the two locations and to immediately hire a contractor to locate the source of sewage and make the necessary emergency repairs to stop the discharge. It was ultimately shown that the property owner's sewer service connection was illegally connected to the parking lot catch basin, in violation of the Massachusetts Clean Water Act.  Rindge has agreed to undertake additional engineering work to correct illegal connections to the storm water system, fully reconstruct the property's existing storm water system, and restore the property's sewer service connection to comply with State Plumbing Code. MassDEP has agreed to suspend $7,425 pending full compliance with all requirements and deadlines.

1/3/08: MassDEP issued a $30,000 Penalty Assessment Notice to Paul G. & Odilia Miguel for Waste Site Cleanup violations at 673 Bedford Street in Fall River.  The property has historically been used as a gasoline station, and when underground storage tanks were removed in 1992, it was confirmed that a release of oil to the surrounding soil and groundwater had occurred.  Paul G. & Odilia Miguel have refused to engage the services of the appropriate licensed environmental professionals to conduct response actions at the Site.  MassDEP issued a Notice Of Noncompliance (NON) in May 2007, requiring the owners to undertake and complete response actions. The NON was ignored, and in September 2007 MassDEP issued the property owner a Notice of Enforcement Conference.  While, the property owner attended the enforcement conference with their attorney, parties were unable to reach an agreement that warrants the property owner to initiate response actions.

1/3/08: MassDEP executed a Consent Order with a $30,000 Penalty regarding Gary A. Nadeau as trustee of GTN Realty Trust for Waste Site Cleanup violations at 406 Essex Street in Salem.  GTN Realty Trust, which owns the property, had been issued a Notice of Noncompliance on 11/28/06. Specifically, the violations were for failure to submit either a tier classification, or a final response outcome within the established deadlines.  MassDEP has agreed to suspend $18,000 of the Penalty pending full compliance. The Trust has agreed to submit a phase I, and tier classification submittal by 5/30/08.

1/3/08: MassDEP entered into a Consent Order with the town of Amesbury for Waste Site Cleanup violations at 36 High Street in Amesbury. The town owns the property where violations were found including failure to submit a phase II, phase III within the established deadlines. New deadlines have now been established including the submittal of an Immediate Response Action status report or completion by 1/30/08 or a phase II by 1/30/09.  Additional actions include: a phase III by 6/30/09, a phase IV by 1/30/10, and either a remedy operation status or a final outcome statement by 11/30/10. In the event that any of the deadlines are missed, today's Order contains a stipulated penalty provision of $1,000 a day for noncompliance. 

1/3/08: MassDEP entered into a Consent Order with Claudio Coppola for Waste Site Cleanup violations at 132-140 Pleasant Street in Watertown. Coppola, the current owner of the site, failed to meet the submittal deadline set out in a Notice of Noncompliance issued by MassDEP on 8/7/06.  Today's Order requires the submittal of a phase IV by 8/23/08.  Unless a final response outcome (or remedy operational status) is achieved and submitted, a tier II extension must be submitted to MassDEP by no later than 8/23/08.  If an extension is submitted, than a final response outcome will be due no later than 8/23/09. Today's Order contains a stipulated penalty provision for any missed deadlines.

1/2/08: MassDEP executed a Consent Order with a $30,000 Penalty regarding Demetrios Vardakostas as trustee of Bostonia Nominee Trust for Waste Site Cleanup violations at 555 Southern Artery in Quincy. The Trust, which owns the property, failed to achieve a final response outcome within the deadlines established on 7/26/06.  New deadlines have now been established to return to compliance with the submittal of a final outcome statement by 10/1/09.  MassDEP has agreed to suspend $20,000 of the Penalty pending full compliance.

1/2/08: MassDEP entered into a Consent Order with a $20,000 Penalty involving  Lafarge North America for Air Quality violations in Charlestown (Boston).   Lafarge was cited for Air Quality violations as a result of an accidental release of dry cement product from its cement storage and distribution facility in Charlestown.  The release occurred in September 2006 when the cement delivery system clogged and became over-pressurized, which caused a baghouse to fail.  After that incident, during enforcement negotiations, Lafarge implemented short-term measures to prevent a similar event from occurring in the interim.  Today's Order now requires Lafarge to install and operate an automatic "fail-safe" electronic interlock system at the facility that will stop the transfer of dry cement product in the event that the system becomes clogged or over-pressurized.  Lafarge has filed a Comprehensive Plan Application (CPA) with BWP for written approval of upgrades to the cement storage and distribution facility and its associated air pollution control equipment, as well as the installation and operation of product level, pressure, and flow-monitoring equipment.

1/2/08: MassDEP entered into a Consent Order with a $3,440 Penalty regarding Wilcox & Barton, Inc. for Air Quality (Stage II/Vapor Recovery) violations at a Wayland facility.  As a result of a 3/1/07 service station inspection in Wayland by MassDEP and a review of the Stage II Vapor Recovery results, it was determined that on two occasions Wilcox & Barton, Inc. (of Moretown Vermont) had certified the system configuration that did not meet the requirements. MassDEP agreed to suspend $1,440 if the company remains in compliance for one year.  Since Wilcox & Barton, Inc. sold the Stage II Vapor Recovery Testing Division of the company in July 2007; no further actions by the company are necessary to return to compliance at this time.