Enforcement Actions - 2012

March 2012

3/30/12: MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the case involving Wood Mill, LLC and MassInnovation, LLC.  The Commissioner issued a Final Decision upholding the Recommended Final Decision, which, in turn, held that the Petitioners (WoodMill as owner; MassInnovation as operator) each be held liable in this asbestos Penalty Assessment Notice appeal and that part of the Penalty assessed to each be upheld (the penalties were reduced from $109,875 and $137,000, respectively, down to $40,575 and $52,000 respectively). This case involved the appeal of two Penalty Assessment Notices, which were issued to MassInnovation and Wood Mill for alleged violations of the asbestos regulations which occurred during a demolition and renovation project that sought to convert 1.3 million square foot historic mill building at 250 Merrimac Street, Lawrence into residential (high end apartments) living space. During a routine inspection of the Wood Mill building in March 2007 it was determined by MassDEP personnel that asbestos containing material had not been removed prior to demolition on the 6th floor and asbestos was improperly removed and dumped out of the 6th floor windows into the rear area of the building.  During a follow up inspection in April 2007, it was determined that a sub-contractor had improperly excavated around the exterior of the building impacting friable asbestos insulated pipe on three separate occasions.  This excavated asbestos-containing material was mixed with other excavated material and dumped into stockpiles on the back side of the building.  During subsequent inspections in June 2007 and August 2007 MassDEP personnel also found significant areas of contaminated soil and debris piles which were not covered, revealing loose, dry friable asbestos containing insulation that was exposed to the ambient air in multiple locations.

3/28/12: MassDEP executed a Consent Order with a $2,875 Penalty involving Whalen Restoration Services, Inc. for Groundwater Discharge violations in Dennis.  MassDEP identified the violations during an inspection conducted in January 2012.  Based on observations, information provided by EPA, and review of local and MassDEP records, MassDEP determined there was a violation of the groundwater discharge regulations regarding truck wash water and tank wash/rinse water discharge.  Whalen immediately ceased this discharge and has implemented corrective work practices to prevent this discharge. 

3/28/12: MassDEP entered into a Consent Order with a $1,720 Penalty involving Granite Realty Corp. for Hazardous Waste Management violations in Fall River. Violations were identified during MassDEP inspections conducted in December 2011.  MassDEP observed numerous drums stored at the facility and identified violations of the hazardous waste regulations regarding generator registration, and the storage requirements.  Granite Realty Corporation immediately hired a contractor to characterize the waste and dispose of the drums.  Today's Order requires Granite Realty Corporation to register as a generator of hazardous waste, comply with the applicable storage and disposal requirements and pay the full Penalty.   

3/28/12: MassDEP entered into a Consent Order with an $11,500 Penalty involving Pulte Homes of New England, LLC for Groundwater Discharge violations in Marshfield. The discharge is regulated by MassDEP under a ground water discharge permit.   Pulte Homes of New England LLC, holds the permit for on-site wastewater treatment facility (WWTF) at the Spyglass Landing Condominium complex. Today's Order establishes timelines for the WWTF to come into compliance with its permit limits by either improving the operations to the current WWTF or by constructing upgrades to the WWTF.  

3/28/12: MassDEP and the Mass Attorney General entered into Consent Orders with four (4) Multiple Companies for Asbestos violations. The companies have been ordered to pay the Commonwealth up to $80,000 in civil penalties for the improper removal and disposal of asbestos-containing pipe insulation and ceiling tiles at the former Lowell Sun newspaper building in Kearney Square. The Massachusetts Attorney General Martha Coakley announced that a complaint was filed today in Suffolk Superior Court, against JDL Incorporated of Dracut; Sun Building; Kearney Square Properties; and, TopNotch Homes, all limited liability companies in Tewksbury, who violated the state's Clean Air Act by removing and disposing of asbestos-containing pipe insulation and ceiling tiles without using proper containment procedures to prevent the release of asbestos. The companies also failed to provide the required notifications to MassDEP.  The settlement, also filed and approved by the court today, requires the current owners of the property (Sun Building and Kearney Square Properties) and their demolition contractor (JDL, Inc.) to pay a civil penalty of $80,000 for the alleged violations, $30,000 of which may be forgiven if the defendants comply with the judgment in the case.

3/23/12:  MassDEP and the Registry of Motor Vehicles (RMV) executed settlement documents with Charles Daher's Commonwealth Motors, Inc. regarding fraudulent vehicle inspections conducted in 2011 at its facility at 1 Commonwealth Drive, Lawrence. Commonwealth Motors will pay a $16,000 penalty, of which $4,000 will be suspended pending compliance with today's Order.  Additionally, in a Last-Chance-Agreement with RMV, Commonwealth Motors agreed to a two-year suspension (probation) of its inspection license.   Henceforth, any violation of the LCA in that two-year period could result in complete revocation of the inspection license.

3/23/12: MassDEP executed an Amended Consent Order with Julia A. Martino and Robert W. James for Waste Site Cleanup violations at 101 Rear Foster Street in Peabody.  Martino and James are trustees of Consolidated Equipment Realty Trust, the owner of the aforementioned property.  MassDEP found a failure to achieve a final Response Action Outcome (RAO) or Remedy Operation Status (ROS) by the March 1, 2012 deadline established in a previously agreed Consent Order as executed with MassDEP on 12/10/10.  A new deadline was established in today's Order in which the owners will return the site to compliance with the submittal of a RAO or ROS by 9/1/12.

3/23/12: MassDEP entered into a Consent Order with a $5,350 Penalty involving Nick Sperpolous for Asbestos and Solid Waste violations in Brockton.  Sperpolous contracted for the disposal of a special waste (asbestos) at a transfer station not permitted to accept that material. The material was not properly containerized and not labeled correctly as asbestos material.  The Order has a penalty of $5,350 which was entirely suspended under MassDEP's Homeowner Policy. 

3/22/12: MassDEP issued a Drinking Water Supply Emergency for Leland Farms in Sherborn. MassDEP took the action in response to lack of water in the public water system's distribution system.  The Leland Farms was required to immediately implement the prohibition on nonessential water use and evaluate the conditions of the well and distribution system.

3/21/12: MassDEP entered into a Consent Order with Grapevine Grille regarding Water Supply violations at its facility in Belchertown. Today's Order follows repeated, elevated levels of total coliform bacteria as defined in the state's maximum contaminant levels.  The Grapevine Grille serves as a public water system.  Today's Order addresses needed response actions should another exceedance occur in the next twelve months, including the disinfection until the cause of contamination is identified and corrected.

3/21/12:  MassDEP entered into a Consent Order with a $1,000 Penalty involving Pine Tree Realty Trust for Waste Site Cleanup violations in Fitchburg. Pine Tree Realty Trust failed to meet response action deadlines for the so-called phase two, or comprehensive site assessment; the phase three, or remedial action plan; and, the phase four, or remedy implementation plan.  Today's Order establishes new deadlines for submittal of the comprehensive response action reports and final response action outcome statement by no later than 8/1/13. MassDEP has agreed to fully suspend the Penalty based upon MassDEP's small business policy and financial hardship, provided that the terms of today's Order are met.

3/20/12: MassDEP executed a Consent Order with a $30,000 Penalty involving Boott Properties LLC for Waste Site Cleanup violations at 130 John Street in Lowell.  Specifically the violations were for failure meet deadlines set out in a previously-issued notice of noncompliance issued by MassDEP on 10/28/11. Today's Order requires a phase one assessment report and a tier classification (permit) submittal by 11/30/12. MassDEP has agreed to suspend $25,000 of the Penalty with a stipulated penalty provision for any missed deadlines.

3/20/12: MassDEP entered into a Consent Order with a $3,262.50 Penalty involving South Shore Health and Educational Corporation for Asbestos violations in Weymouth. South Shore Health and Educational Corporation was in noncompliance with Solid Waste Regulations for contracting for disposal of a special waste (asbestos) at a transfer station not permitted to accept that material.  The Order requires the Party to pay a $1087.50 Penalty within 30 days and to complete a Supplemental Environmental Project (SEP) in which workers will receive asbestos awareness training. This SEP has a value of $3262.50 and will be completed within six months.

3/19/12: MassDEP executed a Consent Order with Preservation Mill, LLC for Waste Site Cleanup violations in Fitchburg. The Preservation Mill, LLC has agreed to submit by 11/30/12 a final response action outcome statement.  Preservation Mill agreed to enter into today's Order to complete cleanup of the site and maintain this, the original RAO deadline, established in a previous Order with another (previous) responsible party known as Willow Street Trust.

3/19/12: MassDEP issued a $15,000 Penalty to Service Transport Group, Inc. for Asbestos violations in Fitchburg and Westfield.  MassDEP determined during inspections that Service Transport Group, Inc. ("STG"), a Delaware carrier/shipping company, violated the state asbestos regulations at the sites in Fitchburg and Westfield where asbestos abatement work was to be conducted.  During the inspections, MassDEP determined that STG had delivered a roll-off container and a waste trailer to both sites, both of which were contaminated with asbestos-containing materials.  In a Consent Order with MassDEP, STG agreed to develop and implement a program to prevent similar violations of the asbestos regulations from recurring in the future.  The company will pay $10,000 of the Penalty, the balance of which will be suspended provided that STG complies with the Consent Order and remains in compliance with the state asbestos regulations for a one-year period.

3/16/12: MassDEP entered into a Consent Order with the Upper Cape Cod Regional Technical School for Groundwater Discharge violations in Bourne. MassDEP staff from the Cape Cod office completed today's Order with Upper Cape Regional Technical High School in Bourne putting the facility on a five-year schedule for compliance with its Groundwater Discharge permit. Today's Order establishes the need for a wastewater treatment facility to serve this school complex.  Upper Cape, which has cooperated, views this as an opportunity to bolster its environmental studies program by having hands-on training for wastewater treatment operations as part of its curriculum.

3/16/12: MassDEP issued a $53,937.50 Penalty Assessment Notice to Allan I. Kupelnick for Asbestos violations in Worcester. Kupelnick, of Brookline, was issued the Penalty for violations found during an April 2010 inspection of a multi-family rental property that he owns in Worcester. MassDEP inspectors responded to a complaint from City of Worcester Fire Prevention code inspectors. During that inspection, MassDEP observed that Kupelnick's property manager had improperly removed asbestos-containing insulation from the boiler and pipes at 32 Birch Street in Worcester. Dry, friable asbestos waste materials were observed uncontained on exterior stairs, in a first floor landing area, and in other areas frequented by tenants, as well as uncontained on the basement floor.  Prior notification had not been provided to MassDEP for the asbestos removal work as is required. Today's Penalty was issued after repeated attempts to reach a negotiated settlement were unsuccessful.

3/16/12: MassDEP issued a $53,937.50 Penalty Assessment Notice to Stephen W. Seney for Asbestos violations at 3-5 Walton Street in Fitchburg. MassDEP found the violations during a March 2010 inspection of a multi-family rental property Seney owns in Fitchburg.  MassDEP inspectors responded to a complaint from the City of Fitchburg Board of Health, and observed that Seney had improperly removed asbestos-containing insulation from the boiler and pipes at 3-5 Walton Street in Fitchburg.  Significant quantities of dry, friable asbestos insulation were observed uncontained on the ground outside the property, in areas frequented by tenants, and uncontained on the basement floor. Prior notification had not been provided to MassDEP for the asbestos removal work as required. Today's Penalty was issued after repeated attempts to reach a negotiated settlement were unsuccessful.

3/16/12: MassDEP entered into a Consent Order with a $6,250 Penalty involving 540 Groton Road, LLC, for Wetlands violations at Groton Road in Chelmsford along the Westford line. MassDEP found that this LLC altered approx. 500 square feet of bordering vegetated wetlands.   The LLC has agreed to restore no less than 4,250 sq ft of BVW, adopt proper storm water and snow clearing/storage operations, and pay $2,500 of the Penalty with the remaining $4,000 suspended pending compliance.

3/15/12: MassDEP entered into a Consent Order with a $9,000 Penalty involving Valhalla Property Enterprises for Wetlands violations in Hadley. The violations were in connection with the placement of crushed asphalt into approximately 4,200 square feet of Riverfront Area.  Valhalla has agreed to corrective actions and agreed to the Penalty.  MassDEP has agreed to suspend $8,100 of the Penalty, contingent upon Valhalla's construction of a wetland mitigation area for which the company has already prepared and submitted a plan.

3/15/12: MassDEP entered into a Consent Order with a $1,380 Penalty involving FM Emergency Generator, Inc. for Hazardous Waste Management violations in West Springfield. The company has agreed to resolve violations which were discovered during an inspection conducted at the company's facility located in West Springfield.  MassDEP observed that the company was generating waste oil in excess of its registered generator status; transported waste oil to its facility that was generated off-site by its customers without a license; did not properly mark and label containers of waste oil; did not delineate and post a sign ('hazardous wastes') in areas where hazardous wastes/waste oil were being accumulated; and, did not mark its used batteries (Universal Waste) at its storage areas.  The company has fully cooperated with MassDEP and corrected the violations shortly after the inspection and will pay the full Penalty amount.

3/15/12: MassDEP issued a Unilateral Order to J. Kerrissey, LLC for Solid Waste violations in Hanson. J. Kerrissey, LLC, which is based in Plymouth, was in noncompliance with Solid Waste Regulations for establishing and maintaining a dumping ground by accepting solid waste material at an unpermitted location in Hanson.  Today's Order requires the company to immediately stop accepting solid waste material.

3/15/12: MassDEP entered into a Consent Order with a $2,875 Penalty involving Cumberland Farms for Waste Site Cleanup violations in Fairhaven.  During a site inspection at a Cumberland Farms Store in Fairhaven, MassDEP screened for off-gas emissions from a Soil Vapor Extraction (SVE) system to evaluate the effectiveness of the system's off-gas controls. The screening results revealed that the off-gas controls were failing to remove 95% of volatile organic compounds prior to discharge as required. Cumberland Farms was also cited for failure to complete a phase two site assessment sufficient to adequately characterize the risk to human health posed by this release.  Today's Order was issued to Cumberland Farms to resolve the compliance issues and includes the full Penalty.

3/14/12: MassDEP issued a Unilateral Order to the University of Massachusetts Dartmouth School for Marine Science and Technology (SMAST) in Mashpee. MassDEP ordered SMAST to cease and desist alterations to salt marsh at South Cape Beach in Mashpee.  The Wetlands Protection Act regulations (salt marsh) pertaining to performance standards explicitly state that there shall be no destruction of salt marsh. SMAST staff and/or students altered approximately 100 feet of salt marsh at that location as part of a research project.  A separate letter will be sent to schedule a meeting with SMAST to discuss restoration activities that will be required at all locations where the alteration has occurred.

3/13/12: MassDEP entered into a Consent Order with a $19,050 Penalty involving the National Restoration Systems, Inc. for Asbestos violations at the Boston Common Garage in Boston. MassDEP staff responded to a complaint/request from City of Boston Public Safety officials regarding a possible improper asbestos removal at the Boston Common Garage in Boston.   MassDEP determined during the investigation that the company had improperly removed asbestos containing materials at the site. MassDEP determined that the company failed to notify MassDEP of asbestos abatement at the site.  As a result of the violations observed by MassDEP, the company was assessed the Penalty.  The company will pay $9,500 and $9,550 will be suspended pending compliance for a period of one year.

3/13/12: MassDEP entered into a Consent Order with a $1,265 Penalty involving Camp Anderson Foundation for Water Supply violations in Shutsbury.  Camp Anderson is the operator of the Pine Brook Camp and Conference Center in Shutesbury to address the Camp's failure to undertake requirements outlined in a sanitary survey and notice of noncompliance as issued by MassDEP.  The actions include: sampling taps, a certified operator, a cross-connection survey and other "housekeeping matters."  Although some of the requirements of the sanitary survey were met, additional requirements had not been addressed.  Today's Order sets forth a schedule for compliance and suspends a penalty of $1,265.00.

3/12/12: MassDEP entered into a Consent Order with a $5,700 Penalty involving Curtiss-Wright Controls, Inc. for Air Quality, and Hazardous Waste Management violations in Littleton. The company failed to comply with its air quality plan approval, and failed to post a sign that delineated its hazardous waste accumulation area.  Today's Order requires the company to maintain compliance with all applicable regulations and pay the full Penalty.  This action will help ensure compliance with applicable regulations, and improve the air quality in the area surrounding the company. 

3/12/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving the LLC, Linear Retail Stow #1, for Water Supply violations in Stow.  This LLC has agreed to resolve violations that were identified as a result of a 10/13/11 incident that involved the over-feed of sodium carbonate into its public water system.  The water system is located at Stow Shopping Center on Great Road in Stow.  The over-feed resulted in elevated pH levels, and created uncertainty about the safety and fitness of the drinking water supply.  MassDEP immediately issued a DO NOT USE Order that remained in effect until the immediate violations were resolved.  Today's Order requires upgrades to the alarm system and the chemical feed process as an interim safeguard, as well as the submission of a system modification permit application for additional improvements and upgrades to the public water system.  This action will ensure that anyone served by this (non-transient, non-community) public water system will continue to receive water that is safe and fit to drink. 

3/12/12: MassDEP issued a Final Decision in the matter of James M. Knott.  The decision held that the petitioner failed to timely notify MassDEP of a release as defined under Massachusetts Waste Site Cleanup requirements, and specifically finding the penalty assessed by MassDEP for this violation was not excessive.

3/7/12: MassDEP issued a  $7,800 Penalty Assessment Notice and Unilateral Order to Joseph W. Machie for Wetlands violations in Freetown. The violations occurred at the Machie residence at 15 Martin Road in Freetown. MassDEP investigated the property on multiple occasions since 2006 when complaints were received from a concerned neighbor.  Machie has been issued two prior Unilateral Orders from this office ordering him to cease and desist activity within wetlands jurisdiction.  Filling, cutting and grading has continued without necessary permits and the prior Orders were disregarded.  An Administrative Consent Order with Penalty was issued to Machie during 2011 in an attempt to cooperatively implement a remediation plan to restore the altered wetlands; however, Machie refused to enter into agreement.

3/6/12: MassDEP executed a Consent Order with Chelsea North LLC for Waste Site Cleanup violations at 240 Maple Street in Chelsea.  Chelsea North LLC is the owner and/or operator of the property. The specific Waste Site Cleanup violations were failure meet deadlines set out in the regulations and in notice of noncompliance issued by MassDEP on 11/18/11. Today's Order requires the company to submit a phase two by 10/15/12, and - if necessary - phase three report by 12/31/12.  There is also a final response action outcome statement due by 12/30/13. There is also a stipulated penalty provision for any missed deadlines.

3/5/12: MassDEP executed a Consent Order with a $3,500 Penalty involving BTI Special Commodities, Inc. for Waste Site Cleanup violations at the Lee Travel Plaza (eastbound) on the Massachusetts Turnpike. BTI is the owner and operator of a tractor-trailer who failed to immediately notify MassDEP of a 7/12/11 release of diesel fuel at the Lee Travel Plaza eastbound on the Massachusetts Turnpike.   The BTI driver was aware that his truck was leaking diesel fuel at about 7:30 AM on that date, and contacted a repair company. The leaking truck was then moved to another area of the travel plaza.  The driver did not alert the travel plaza operator or any Massachusetts agencies of the spill.  Massachusetts Department of Transportation investigated the spill after being contacted by Massachusetts State Police and subsequently notified MassDEP of the spill at 10:57 AM on that date.  MassDEP responded to the travel plaza on that date, confirmed that a reportable release had occurred, and interviewed the BTI driver to confirm the statement of facts previously provided to the MassDOT representative.   When contacted by MassDEP regarding the spill, BTI's corporate office quickly retained a contractor to clean up the spill.  In order to resolve the violation, BTI provided copies of its driver training program, and issued a reminder notice on reporting releases of oil and/or hazardous materials to its drivers.  BTI also agreed to pay the $3,500 Penalty.

3/5/12: MassDEP entered into a Consent Order with a $5,625 Penalty involving Baystate Medical Center for Solid Waste violations in Springfield.  MassDEP found that Baystate Medical Center failed to address violations involving the disposal of regulated medical waste.  As part of the agreement Baystate will pay the $5,625 Penalty and complete a Supplemental Environmental Project (SEP) valued at $22,500.   Under this SEP the Medical Center will provide sharps collection supplies and literature for 19 health departments in Hampden County to assist those communities in implementing Massachusetts Department of Public Health required residential sharps disposal programs by July 2012.

3/2/12: MassDEP entered into an Amendment to an existing Consent Order with Gloucester Transit Mix for Waste Site Cleanup violations at Emerson Avenue in Gloucester. The violations were associated with a final response action outcome (RAO) statement submitted to MassDEP on 4/19/11.  Following that, however, MassDEP audited this RAO indicated four violations. The company had submitted this RAO to comply with a previous Consent Order with MassDEP.  Now, under today's Amendment to that Order, Gloucester Transit Mix is required to submit a phase two, phase three and phase four (assessment through remedy) as conditions require. The Amendment sets a reasonable schedule for site investigations and document submittal.

February 2012

2/29/12: MassDEP executed an Amendment to an existing Consent Order with SND Corporation for Waste Site Cleanup violations at 50 Brighton Street in Belmont. SND Corp. is the owner and/or operator of the property at 50 Brighton Street, Belmont. Today's Amendment extends the deadlines in the original Order as follows and requires respondent to submit: by 5/1/12 a phase three report that addresses each reported release at the site; by 7/1/12 a phase four remedy selection report that addresses each reported release at the site; and, by 7/1/13, a final response action outcome statement for the site that addresses each reported release at the site and meets the requirements, or a remedy operation status that addresses each reported release. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/24/12: MassDEP entered into a Consent Order with a $7,500 Penalty involving John and Kathy Whalley regarding Wetlands violations in Southwick. MassDEP found the violations included riverfront alterations that extended beyond the limit of work for a permitted project, the developing of a park. Approximately 1,075 square feet of riverfront area vegetation was cut during the development of a park that the Whalleys intended to donate to the town of Southwick. Under the terms of today's Order, the Whalleys are required to provide for the restoration of the altered area and payment of $1,500. Provided those terms are met, MassDEP has agreed to suspend the remaining $6,000 of the Penalty.

2/24/12: MassDEP entered into a Consent Order with a $36,625 Penalty involving Clifford J. Schorer III CJS Holdings II, Inc. of Southborough and 2 Commercial Street Realty Trust of Provincetown, for Asbestos violations during March 2010 inspections conducted in Southborough and Provincetown. MassDEP inspectors observed that Schorer had improperly removed asbestos-containing insulation and asbestos-containing transite panels from a building located at 2 Commercial Street in Provincetown, and then brought the asbestos-containing waste to his company's Southborough location which is not an approved asbestos waste storage/disposal facility. The asbestos-containing waste was dry, not sealed in leak-tight containers, and was not marked with the required asbestos warning labels. Additionally, no notification had been provided to MassDEP for the asbestos removal work. Under the terms of the ACOP, the aforementioned parties will pay $4,000 of the Penalty, while $32,625 of the assessed penalty will be suspended provided that there are no further violations for one year.

2/24/12: MassDEP issued a $4,830 Penalty Assessment Notice to South Hadley Landfill, LLC for violations in South Hadley. The operator was issued the Penalty for recurring, verified off-site odors.

2/23/12:  MassDEP issued a Superseding Order of Conditions relative to a Nantucket filing seeking to work in a Wetlands Resource designated area. regulations. MassDEP issued a Superseding Order of Conditions to Barbara Heneghan affirming the previous denial by the local Conservation Commission. Heneghan had sought to develop a single family home with a tight tank on a Coastal Beach, Coastal Dune and within Land Subject to Coastal Storm Flowage. The site is located with Estimated Habitat of Rare and Endangered Species. It was determined that the project would have both short and long term adverse impacts on a state listed rare wildlife species. In MassDEP's decision, the project cannot be conditioned to meet the performance standards of the Wetlands Protection Act Regulations.

2/22/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving Lifecycle Renewables, Inc. for Air Quality violations at the company's 9 Commercial Street in Everett. MassDEP found the violations occurred during the company installation of a vegetable oil fired/internal combustion engine. This was done prior to receipt of written MassDEP approval of the company's pending application. Installation of such equipment without this approval is a violation. Lifecycle Renewables will pay $2,875 of the Penalty and MassDEP has agreed to suspend the remaining $2,875 pending the company's compliance with the terms and conditions of today's Order.

2/22/12:  MassDEP entered into an Amendment to an existing Consent Order with the Trustees of Boston College for Air Quality violations at its facilities in Chestnut Hill, Newton and Weston. The Trustees agreed to violations concerning twenty-nine (29) diesel-fired, emergency engines at its 140 Commonwealth Avenue, Chestnut Hill campus, and at its Newton and Weston facilities. The original Consent Order had required BC, to identify all emergency engines at its several facilities and to bring them into compliance. However, as presently configured and operated, the emissions from the 29 emergency engines are causing or contributing to a condition of air pollution, a violation of the Air Pollution Control Regulation. Working cooperatively with BC, MassDEP engineers made several site visits and developed several compliance pathways for the non-compliant engines. Today's Amendment requires BC to take the following steps: one, increase the exhaust stack heights serving several of the engines, and/or design several of the stacks to provide vertical exit points with proper rain protection, so that those engines' exhaust emissions will not adversely impact students, faculty and the public; two, replace several old emergency engines with state-of-the-art engines that comply with state engine regulations and take three engines out of service; and, three retrofit several engines with active diesel particulate matter filters. Today's Amendment sets a reasonable schedule for BC to bring the engines into compliance with the regulatory requirements.

2/17/12: MassDEP entered into a Consent Order with a $5,350 Penalty involving Callahan, Inc. for Asbestos violations at Hanover High School in Hanover. Callahan, Inc., which is based in Bridgewater, was in noncompliance with Air Quality regulations, specifically the failure to notify MassDEP prior to the removal of asbestos. Also, Callahan did not properly containerize the asbestos containing material at the Hanover High School in Hanover.

2/16/12: MassDEP entered into a Consent Order with a $12,645 Penalty involving the MBTA Route 128 Intermodal Transportation Facility for Wastewater Management violations on the Dedham-Westwood border. The MBTA, as owner and operator of a wastewater pump station serving the Route 128 Intermodal Facility, failed to maintain and adequately operate the pump station caused extensive sewage ponding on the ground floor of the parking facility for a period of several weeks as well as back-ups to the public restrooms inside the train station. MBTA and Amtrak commuters were impacted on a daily basis, having to drive through, park in and walk through areas of ponding sewage, in some places several inches deep. Handicap parking spaces were inaccessible due to the ponding. Water samples were taken and analyzed by MassDEP for bacteria, ammonia and detergents. All sample results strongly indicated the presence of sewage. Today's Order requires the MBTA to develop and submit for MassDEP review and approval an Operations and Maintenance plan for the wastewater and stormwater utilities on-site. After MassDEP's inspection and prior to execution of today's Order, the MBTA took corrective actions to return the pump station to operational status. The MBTA will pay $6,322.50 payable to the Commonwealth within 30 days and the remainder suspended provided there are no violations of the Order.

2/16/12: MassDEP entered into a Consent Order with a Consent Order with a $25,870 Penalty involving Acton Sand and Gravel, LLP for Solid Waste violations in Acton. The violations involved the storage and disposal of brick and concrete rubble without having a site assignment from the Acton Board of Health, or a MassDEP-issued Solid Waste Permit. MassDEP staff most recently inspected the facility in October of 2011, and confirmed that the company was violating Solid Waste regulations by speculatively accumulating over time unprocessed brick and concrete rubble. The company has agreed to complete the clean-up on the site within one year, and to pay $20,696 of the Penalty. The remaining $5,174 will be suspended provided the company fully complies with the terms of today's Order.

2/14/12: MassDEP entered into a Consent Order with a $14,000 Penalty involving Pete's Sales and Service, Inc. for Hazardous Waste Management and Industrial Wastewater violations in Sheffield. Inspections of Pete's facility revealed violations that included: failure to label containers of waste oil; failure to keep waste oil containers closed; spillage of waste oil onto the ground; transporting waste oil without a license; and, discharge of industrial wastewater (truck wash water and storm water) in and onto the ground without a permit. Under today's Order, Pete's has agreed to correct the violations and to pay $8,000. MassDEP has agreed to suspend an additional $6,000 pending Pete's compliance with the terms and conditions of today's Order.

2/13/12: MassDEP entered into a Consent Order with a $2,000 Penalty involving B&B Contracting and Excavating, Inc. for Asbestos and Solid Waste violations in Fall River. B&B Contracting and Excavating was in noncompliance with Air Regulations for not filing notification with MassDEP for the demolition of a building and for not containerizing Asbestos Containing Material (ACM) at 1173 South Main Street in Fall River. In addition, Solid Waste Regulations were violated in that there was some burying of solid waste material generated by the demolished building on site.

2/13/12: MassDEP entered into a Consent Order with a $13,050 Penalty involving Tedesco Country Club for Asbestos violations at 154 Tedesco Street in Marblehead. MassDEP determined during an investigation that Tedesco had contracted with AEI to perform asbestos abatement at 154 Tedesco Street in Marblehead. MassDEP personnel determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and Tedesco had failed to notify MassDEP of asbestos abatement at the site. As a result of the violations, and under today's Order, Tedesco has agreed to pay $8,700 of the Penalty, and MassDEP has agreed to suspend $4,350 for a period of one year.

2/13/12: MassDEP entered into a Consent Order with a $30,100 Penalty involving Thomas M. Courtney and Nora Courtney for Asbestos violations at 3 Pond Road in Westford. The Courtneys are the owners of 3 Pond Road, in Westford where MassDEP responded to a complaint of improper asbestos removal. MassDEP determined during the investigation that the Courtneys had contracted with an unlicensed entity to perform asbestos abatement. MassDEP determined that the Courtneys had failed to notify MassDEP of asbestos abatement. As a result of the violations observed the Courtneys have agreed to pay $8,700 and if no additional violations occur, the remaining $21,400 will be suspended for a period.

2/7/12: MassDEP entered into an Amendment to an existing Consent Order with the town of Otis for Water Supply violations. The Amendment is concerning Otis' public water system that serves the Municipal Building and the Recreation Center to address the need for proper operator oversight, an emergency response plan, check-lists, monthly coliform sampling and submittal of annual statistical reports.

2/7/12: MassDEP has entered into a Consent Order with KLRC Realty Trust regarding compliance with Drinking Water regulations at the Westport Family Medicine Center in Westport. Today's Order has been finalized between KLRC Realty Trust, which owns the property on which the Westport Family Medicine Center is located and on which the future Prima Care facility will also be located. Under today's Order MassDEP provides the owners the regulatory path for the site approval of a compliant new public water supply source well. Prima Care violated the Drinking Water regulations by beginning construction of the new facility before finding a compliant source of water. The construction was approved by the town of Westport and allowed the new facility to use the current WFMC well. The new well will serve the current potable water needs of the WFMC and the future needs of the new facility. The public water supply source well that currently serves the WFMC has a noncompliant (insufficient) zone one protective radius. This well is experiencing increasing nitrate levels that are approaching maximum contaminant level. A new compliant water supply well with sufficient protection and monitoring will ensure water quality and will also bring the facility into compliance with Drinking Water regulations.

2/6/12: MassDEP executed a Consent Order with an $11,500 Penalty involving Bonollo Disposal, Inc., for Hazardous Waste and Solid Waste violations in Wrentham. During an inspection conducted in October 2011, MassDEP determined there were violations of the hazardous waste regulations regarding storage of waste oil and solid waste violations due to the storage of construction and demolition material. Bonollo has corrected the hazardous waste violations and has an aggressive schedule to remove the C&D material from the site for disposal in accordance with the regulations. Bonollo will pay $2,500 of the Penalty and MassDEP has agreed to suspend the remaining $9,000 of the Penalty provided Bonollo meets the deadlines as agreed in today's Order.

2/4/12: MassDEP conducted Waste Ban Compliance Professional Training. MassDEP has trained four employees of Bois Consulting to act as third-party waste ban inspectors for waste-to-energy facilities that need to demonstrate compliance with specific recycling requirements so they can qualify as Class II renewable energy generating sources. Facilities are required to contract with third-party inspectors who will observe arriving loads on randomly chosen days. Those inspectors will document any loads containing banned materials, and provide detailed quarterly reports to MassDEP. When an inspector identifies waste ban compliance problems, the agency targets the offending facility for compliance education, outreach, and technical assistance.

2/3/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving Sirum Equipment Co., Inc., for Hazardous Waste, Industrial Wastewater and Solid Waste Management violations in Montague. Some of the violations discovered during a MassDEP inspection of its facility included the company's failure to properly manage its waste oil containers, transport waste oil from its customers without a license, storage of scrap tires for greater than 90 days and failure to register its industrial wastewater holding tank. Sirum, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. Sirum has agreed to pay $1,000 of the Penalty, with the additional $2,000 suspended pending the company's compliance with the terms of the agreement.

2/3/12: MassDEP entered into a Consent Order with an $860 Penalty involving the town of Gill concerning its public water system at the Gill Elementary School. The town of Gill owns the Gill Elementary School facility although the school is operated by the Gill-Montague Regional School District. MassDEP found that lead and copper samples were not collected and analyzed as required in 2010 and again in the January to June period of 2011. While the July to December 2011 samples were collected and analyzed, the absence of the earlier tests constitutes a violation. Today's Order requires public notice and collection of semi-annual samples in 2012. MassDEP has agreed to fully suspend the entire Penalty, pending demonstrated compliance with today's Order and drinking water regulations.

 2/3/12: MassDEP entered into a Consent Order with a $5,000 Penalty involving the Eastern States Exposition for Underground Storage Tank Regulations in West Springfield. During an inspection of the facility, MassDEP observed, in addition to several violations of the underground storage tank regulations, Eastern States Exposition installed a new underground storage tank without installing Stage II (vapor recovery) system for the gasoline dispenser. Since being notified of the violations, Eastern States Exposition has fully cooperated with MassDEP and has replaced ball float valves on its underground storage tank with compatible overflow protection devices to meet the UST regulations, and installed the required Stage II vapor recovery equipment on its gasoline dispenser. As part of the administrative consent order, Eastern States Exposition will pay a penalty of $2,500 with the remaining $2,500 suspended pending its compliance with all terms of today's Order.

2/2/12: MassDEP executed a Consent Order with a $2,000 Penalty involving Sawyer Hill LLC, for Ground Water Discharge violations in Berlin. MassDEP determined the violations were occurring at Sawyer Hill LLC's facility, the Sawyer Hill Co-Housing Complex located off of Sawyer Hill Road in Berlin. Under today's Order, the owner is required to hire a wastewater specialist to review the existing treatment process and propose a schedule to provide operational modifications and physical upgrades to the existing ground water discharge system to bring it into compliance. MassDEP will review and approve the schedule for implementation. MassDEP has agreed to fully suspend the Penalty provided the owners demonstrate compliance with the terms of the Order. This action will result in the proper treatment of 21,000 gallons of wastewater per day.

2/2/12: MassDEP executed a Consent Order with a $2,415 Penalty involving the 28 Hastings Street Corporation for Water Supply violations in Mendon. Today's Order contains an enforceable schedule to provide an approved, non-transient,  non-community public water supply system for its five commercial buildings located at 1 Emerson Street and 28 Hastings Street. Today's Order requires the owner to operate the on-site wells in accordance with the requirements for a public water supply which include hiring a certified operator, carrying out a monitoring program, metering water usage, documenting well construction details, completing cross-connection requirements, developing best management procedures to protect the radius around the well (a/ka/ the zone 1), and record this as a public water system in the Registry of Deeds. Today's Order also requires that any future expansion or modification of the public water system must be approved by MassDEP. Finally, today's Order requires payment of a $2,415 Penalty. This action will ensure that anyone served by this Public Water System will continue to receive water that is safe and fit to drink.

2/2/12: MassDEP entered into a Consent Order with a $51,937.50 Penalty involving Anila and Lenard Taraj for Asbestos violations in Worcester. MassDEP determined Anila and Lenard Taraj responsible for numerous violations of Asbestos regulations at a residential property which Anila owns in Worcester. Under the terms of today's Order, the assessed Penalty will be fully suspended after a successful demonstration of the existence of financial hardship condition was made, and provided that there are no further violations for a period of one year.

January 2012

1/31/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Wenham regarding Drinking Water violations. The Town had made structural improvements to its two public supply wells under a 2009 Consent Order. Those actions were taken to prevent bacterial contamination, but contamination issues were still occurring. The maximum contaminant level for total coliform bacteria was exceeded four times between September 2010 and October 2011 at which time an acute bacterial contamination event occurred. This last event necessitated a boil water order. Total coliform bacteria was detected in raw water samples from well number one in March, April, and October 2011, however  the presence of  e. coli was detected in a raw water sample from well number one in October 2011. Under the terms of the today's Order, the town will institute permanent disinfection treatment of the two wells that achieve four-log treatment (99.99%) of viruses. Disinfection that achieves three-log treatment (99.9%) of viruses will be maintained using emergency chlorination equipment until the permanent treatment is constructed. The Town will develop a management plan for more frequent turnover of water in one of its storage tanks, so that disinfection residual can be maintained. Under today's Order, MassDEP has agreed to completely suspend the Penalty.

1/31/12: MassDEP executed a Consent Order involving Bayview Loan Servicing, LLC, for Water Supply violations at 122 Main Street in Charlemont . Bayview Loan Servicing is the owner of a property, which was an unregistered community public water system. Today's Order addresses registration of this public water system with conditions and requirements including monitoring and having the proper oversight by a certified operator.

1/31/12:  MassDEP executed a Consent Order with a $5,750 Penalty involving the town of Southampton regarding Drinking Water violations in Southampton. Under today's Order the town is required to complete a cross connection program plan. Cross connections or backflow prevention between a potable water line and a non-potable water systems or equipment are a concern of MassDEP. The public water distribution system and the plumbing within a facility are continuously jeopardized unless appropriate backflow prevention devices are installed and maintained in accordance with regulations. MassDEP established regulations to protect the public health of water consumers from contaminants due to backflow events. In order to have a more effective cross connection control program it is required the cooperation and involvement of other city officials, such as: plumbing inspectors, fire chiefs, health agents and building inspectors. MassDEP has agreed to suspend the town of Southampton's entire penalty of provided the town remains in compliance with the provisions of the Order and Drinking Water regulations.

1/26/12: MassDEP executed a Consent Order with a $2,875 Penalty involving Cavossa Disposal Corporation for Hazardous Waste Management violations in Falmouth. MassDEP identified violations during an inspection conducted in August 2011 involving waste oil and the industrial waste water holding tank regulations. Specifically, the existing floor drain, the truck wash water discharge, and the storage of solid waste from off-site locations for more than one night. Cavossa subsequently corrected the hazardous waste and solid waste violations and ceased discharge of truck wash water. Cavossa will submit an Industrial Wastewater Holding Tank Compliance Certificate for the holding tank associated with the floor drains and pay the full Penalty.

1/24/12: MassDEP entered into a Consent Order with an $11,790 Penalty involving the town of Swampscott. Today's Order was executed in response to a major failure at the Town's Humphrey Street Pump Station, which resulted in untreated wastewater discharges to Fisherman's Beach in Swampscott. Today's Order includes requirements that the town makes the required repairs to the station, and provides the proper Operation and Maintenance activities. Today's Order also requires that $5,750 of the Penalty is paid and $6,040 will be suspended pending satisfactory completion of the remedial work.

1/24/12: MassDEP executed a Consent Order with Texas Instruments Incorporated for Waste Site Cleanup violations at Coopers Pond in Attleboro. The company failed to comply with the deadlines established in a Notice of Noncompliance (NON). MassDEP identified violations for failure to complete a phase two comprehensive site assessment and phase three identification, evaluation and selection of comprehensive remedial action alternatives for the site in accordance with interim deadlines established in a previously-issued notice of responsibility. MassDEP received a request for additional time to perform the necessary tasks to comply with the NON. Today's Order establishes deadlines for completing the phase two and Phase three for the site.

1/19/12: MassDEP issued a Unilateral $14,650 Penalty Assessment Notice to Red Brick Courtyard, LLC for Waste Site Cleanup violations in Worcester. The company failed to characterize wastes in a number of barrels maintained at its facility, and then provided those barrels to an unlicensed transporter for removal. The drums were later discovered to have been illegally disposed of on Congdon Street, a public way in Worcester, with a least one of the drums having leaked a portion of its contents onto that public way. A state contractor was subsequently contacted to respond to the disposal site to remove the original drums, as well as a number of additional barrels of oil-contaminated soils created from the cleanup activities. Today's Penalty was issued after numerous unsuccessful attempts to resolve the matter through a Consent Order.

1/19/12: MassDEP issued a Unilateral $50,000 Penalty Assessment Notice to Jose R. Perez for a Hazardous Waste Management violations in Worcester. Perez, a resident of Worcester, is not a licensed hazardous waste transporter; however, he accepted and illegally transported barrels of hazardous waste from Red Brick Courtyard, LLC, and subsequently disposed of them on Congdon Street, a public way in Worcester. At least one of the abandoned drums leaked a portion of its contents onto that public way. A state contractor was subsequently contacted to respond to the disposal site to remove the original drums, as well as a number of additional barrels of oil-contaminated soils created from the cleanup activities. Today's Penalty was issued after numerous unsuccessful attempts to resolve the matter through a Consent Order.

1/19/12: MassDEP entered into a Consent Order with a $26,100 Penalty involving AEI and Regional Industrial Services Corp. (RIS) for Asbestos violations. RIS is a demolition contractor in Massachusetts. MassDEP personnel determined during an investigation that RIS had contracted with AEI to perform asbestos abatement at 3 Seal Cove Road in Hingham and the Swansea Mall, 579 G.A.R. Highway, in Swansea. MassDEP determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and RIS had failed to notify MassDEP of asbestos abatement on two occasions at the sites. As a result of the violations RIS will pay $9,800 and $16,300 will be suspended for a period of nineteen months.

1/17/12: MassDEP issued a $250 Penalty Assessment Notices to Amber Henchey and William Velez of West Springfield. Henchey and Velez were issued the PAN due to their involvement in the disposal of a bucket of used motor oil which was depicted on a nearby surveillance camera that the Environmental Strike Force installed in West Springfield. The incident was captured by the video surveillance on 10/8/2011. The vehicle involved belonged to Henchey. She acknowledged that she was the driver of the vehicle and identified the other occupant of the vehicle as Velez. Velez subsequently acknowledged his involvement in the incident.

1/15/12:  MassDEP executed a Consent Order with AAA Auto Clinic for Waste Site Cleanup violations at 600 Main Street in Watertown. Specifically, the violations were for failure to submit a phase one (assessment) report and tier classification (ranking) submittal or a (final) response action outcome statement by the one-year deadline. Previously, a Notice of Noncompliance (NON) was issued to the operation on 9/8/11 and the deadline for achieving compliance was also extended in an amended NON on 10/5/11. In December of 2011, AAA Auto Clinic contacted MassDEP with another, a second request for extension and a proposed schedule to return the cleanup of this site to compliance. Today's Consent Order includes the requested schedule; it also, includes a stipulated penalty provision for any further missed deadlines.

1/13/12: MassDEP entered into a Consent Order with the town of Southwick Board of Public Works to address compliance with Water Supply regulations. The Town of Southwick Board of Public Works will address needed repainting/recoating of one of the Bonnie View Storage Tanks. Under today's Consent Order, the parties have agreed to an alternative corrective action plan, i.e., the permitting, construction and installation of a new water storage tank to replace an existing deteriorating tank.

1/10/12: MassDEP entered into an Amendment to an existing Consent Order with Brimfield Housing Authority in Brimfield. MassDEP concluded an amendment with the Authority to provide an extension of time for certain previously-agreed activities required under an existing Consent Order. The actions to be undertaken will address the Authority's response actions to repeated bacteria detections; disinfection at this time remains in place.

1/10/12: MassDEP entered into a Consent Order with a $4,175 Penalty involving 3M Company for Air Quality and Hazardous Waste Management violations in Rockland. MassDEP determined the violations during a compliance inspection in July 2011. As part of today's agreement, 3M will develop and implement a plan for cleaning the miscellaneous metal parts (under the cold-cleaning degreaser requirements) to ensure that the Air Quality units operate during all production runs. Further, 3M will either perform stack testing of three current units, or submit an application to install new Air Quality control units. To address hazardous waste violations, 3M will update and maintain the following: its emergency coordinator list, its personnel training plan, and its accumulations site emergency information. In addition, 3M will ensure the proper labeling of satellite hazardous waste containers and pay the full Penalty amount.

1/6/12: MassDEP entered into a Consent Order with a $1,000 Penalty involving User-Friendly Recycling, LLC, for Hazardous Waste Management violations in Taunton. User-Friendly Recycling, located at 250 Cape Highway in East Taunton, is a used computer retailer and CRT monitor recycling facility. User-Friendly contacted the MassDEP and USEPA to notify the agencies that they were in receipt of a hazardous waste (crushed CRT glass). An inspection of the facility revealed over 80,000 pounds of crushed CRT glass. The material had been received without Hazardous Waste Manifests (two shipments), were improperly labeled and also being stored at this facility which was operating without a Hazardous Waste License. Final settlement utilizing the Small Business Policy, included the requirement that all hazardous waste onsite was properly labeled, handled and transported to a Licensed Hazardous Waste Facility prior to issuance of today's Order.

1/6/12:  MassDEP issue d a Declaration of Water Supply Emergency to Dubuque State Forest in Hawley. The Mass Department of Conservation and Recreation (DCR) operate a public water system located in Hawley at the Dubuque State Forest. A lack of well production prompted the request for alternate water while DCR addresses this problem. Currently, Americorps volunteers are housed at the facility and the facility continues to serve DCR staff and the public.

1/5/12: MassDEP entered into a Consent Order with a $41,835 Penalty involving Massachusetts Army National Guard for Asbestos violations at Camp Edwards in Bourne. The Massachusetts Army National Guard (the Guard) is responsible for asbestos abatement activity conducted at the Massachusetts Military Reservation, Camp Edwards. While renovating several residential barracks structures as part of a project to upgrade residential space for Guard Members returning from active duty overseas, the Guard discovered friable asbestos both in pipe insulation and in textured ceiling. The buildings where the violations occurred have since been decontaminated. However, the violations included failure to notify, failure to follow required procedures for removal of asbestos containing material and failure to properly containerize the removed material. The Guard has been assessed a Penalty of $41,835 but $31,335 has been suspended contingent upon completion of a Supplemental Environmental Project (SEP). The SEP requires the removal of all asbestos containing materials in the Guard barracks at Camp Edwards - even those barracks not scheduled for renovation. The estimated cost of total abatement for all barracks building is approximately $390,000. Once completed, this abatement will ensure asbestos is removed. This will not only protect ongoing activities by the National Guard, but inhabitants of the Barracks when 'emergency shelters' are designated during a severe weather emergency or other such disaster where civilian shelter in the Commonwealth is necessary.

1/5/12: MassDEP executed a Consent Order with a $14,135 Penalty involving Trent Davis, d/b/a DFS Property Management for Asbestos violations at 119 East Street in North Attleboro. As a result of a referral from the North Attleboro Board of Health, MassDEP inspected the site and found that a boiler in a multi-family dwelling owned by Davis had been dismantled with resulting damage to asbestos pipe insulation. The basement, outdoor area and entryway to the building have since been decontaminated. The violations included failure to notify, failure to follow required procedures for removal of asbestos containing material and failure to properly containerize the removed material. Davis has demonstrated an inability to pay and has agreed to complete a Supplemental Environmental Project (SEP).

1/5/12: MassDEP has appealed an Order of Conditions issued by the Carver Conservation Commission to Entero Energy LLC in Carver. MassDEP appealed the approval of the proposed installation of solar photovoltaic panels in a four-acre cranberry bog. The proposal does not meet the performance standards for Bordering Vegetated Wetlands (BVW) in that greater than 5,000 square feet of BVW alteration had been allowed by the commission. An on-site meeting will be scheduled in order to discuss what, if any, permissible alternatives exist at the site.

1/5/12: MassDEP entered into a Consent Order with the city of Pittsfield for Water Supply violations. The city agreed to address numerous public water system deficiencies and violations and has already initiated a Master Plan. These and future improvements will address operation and capital needs.

1/5/12: MassDEP issued a Demand for Stipulated Penalty of $800 to 1561 Cold Spring Road Operating Company, LLC, of Williamstown. MassDEP issued the Demand to this company, the owner and operator of community public water system at an elderly housing complex and nursing home in Williamstown. The company had agreed in a previously entered consent order to such stipulated penalty if they failed to submit a permit for arsenic removal treatment for its drinking water as agreed.

1/4/12: MassDEP entered into a Consent Order with a $29,100 Penalty involving Chapman Construction/Design Co. for Asbestos violations at the Boston University Building located at 111 Cummington Street in Boston. Chapman is the general contractor for this BU building at 111 Cummington Street. MassDEP responded to a call regarding improper asbestos removal. During that investigation MassDEP determined that Chapman had removed and impacted asbestos containing materials on the first floor and the basement. In addition, some of the materials had been improperly disposed. MassDEP determined that Chapman failed to notify MassDEP of asbestos abatement and failed to use proper work practices procedures during the removal of asbestos from the site. As a result of the violations Chapman will pay $8,700 and $20,400 will be suspended pending full compliance for a period of two years.

1/4/12:  MassDEP entered into a Consent Order with a $13,050 Penalty involving Whaling City Environmental, Inc. for Asbestos violations at 308 Walnut Street in Newton. Whaling is a Massachusetts-licensed asbestos abatement contractor. MassDEP received a request for an Emergency Waiver at 308 Walnut St in Newton. However, during the inspection MassDEP determined that Whaling had commenced removal of a small amount of asbestos at the site without notifying MassDEP as required by the regulations. As a result of the violation, Whaling will pay $500 and $12,550 will be suspended for a period of one year. The small business policy was utilized in reaching this agreement.

1/4/12: MassDEP entered into a Consent Order with a $6,750 Penalty involving Harodite Industries, Inc. of Taunton for violations of the Water Pollution Control Regulations. An inspection was conducted of the Harodite facility by MassDEP which revealed the Water Pollution Control violations for an unpermitted industrial wastewater discharge to the surface waters of the Commonwealth.. Further, the company failed to file for a renewal of an expired sewer-connection permit, failure to have the required certified operator coverage and failure to maintain an up-to-date Operations and Maintenance (O&M) manual.