March 2017

3/28/17: MassDEP issued a Unilateral Order to Micazajo Enterprises, Inc. for Drinking Water violations in Williamstown. Micazajo Enterprises is a public water system where MassDEP observed multiple violations of Massachusetts Drinking Water regulations during a Sanitary Survey inspection. The public water system serves the 1896 Restaurant in Williamstown. Today's Order requires Micazajo Enterprises, Inc. take corrective actions regarding its source, source-monitoring, treatment system, storage tanks and distribution system and operator oversight

3/23/17: MassDEP entered into a Consent Order with the town of Milford for Waste Site Cleanup violations at Milford High School. Specifically, the town violated a previously-established Activity and Use Limitation (AUL) at the Milford High School, 31 West Fountain Street. MassDEP first identified a failure to properly implement the AUL during an audit inspection in May 2015. MassDEP issued a violation notice to the town on 7/6/16 establishing a deadline for submitting a Licensed Site Professional (LSP) evaluation of current site conditions relative to the AUL requirements. The town failed to submit the requested documents by the established deadline. Today's Order includes a schedule to submit the required documents and bring the site back into compliance.

3/22/17: MassDEP was notified by U.S. District Court in Springfield regarding the sentencing in the Berkshire Power Company (BPC) and Power Plant Management Services (PPMS) case in Agawam. BPC and PPMS were sentenced for tampering with air pollution emissions equipment and PPMS was also sentenced for submitting false information to both environmental and energy regulators relating to the Berkshire Power Plant ("the Plant") in Agawam. BPC was sentenced to pay $2.75 million in criminal fines for violations of the Clean Air Act and to make a $750,000 community service payment to the American Lung Association to fund a program for the replacement of polluting wood burning stoves in western Massachusetts. PPMS was sentenced to pay $500,000 in criminal fines for violations of the Clean Air Act and Federal Power Act and to make a $250,000 community service payment to the American Lung Association's wood stove change-out program. In addition to the criminal fines outlined above, BPC and PPMS have agreed to pay $3,042,563 plus interest to the Federal Energy Regulatory Commission in civil penalties and disgorgement for their misrepresentations to ISO-New England regarding the Plant's availability to produce power.

3/22/17: MassDEP entered into a Consent Order with the city of Brockton relative to Monponsett Pond. Today's Order addresses the city's statutorily authorized practice of diverting water from East Monponsett Pond to Silver Lake and its operation of the Stump Brook outlet dam from West Monponsett Pond. The Order requires the preparation of a Resource Management Plan that will include recommended metrics and procedures for Silver Lake diversions and Stump Brook Dam operations that are intended to improve West Monponsett Pond's water quality and ecosystem while maintaining Brockton's drinking water supply system reliability.

3/16/17: MassDEP issued a Declaration of Water Supply Emergency involving Micazajo Enterprises, Inc. in Williamstown. Micazajo Enterprises, Inc. operates the 1896 Restaurant in Williamstown. The Declaration was due to the loss of water at its public water system. A frozen line from its source to the restaurant is the suspected cause.  Today's Declaration allows the restaurant, with conditions, to make and use an emergency interconnection with a neighboring public water system.

3/15/17: MassDEP issued a Unilateral Order to Shah Property Corporation relative to Waste Site Cleanup violations in Westfield. Shah Property Corporation must establish deadlines for the assessment of petroleum contamination in soil and groundwater at an abandoned commercial property owned by Shah located at 41 Jefferson Street in Westfield. Today's Order sets a schedule for Shah Property Corporation to come into compliance by conducting the necessary assessment and cleanup of soil and groundwater which would bring the site to closure.

3/15/17: MassDEP issued a $30,000 Penalty Assessment Notice to Shah Property Corporation for Waste Site Cleanup violations in Westfield. Today's Penalty was for Shah's failure to conduct the necessary assessment and cleanup of petroleum contamination in soil and groundwater at an abandoned commercial property. A scheduled enforcement conference for compliance assistance was not attended by Shah Property.

3/9/17: The Office of Dispute Resolution announced a Decision in the case involving a $25,800 Penalty to Douglas Howarth for Waste Site Cleanup violations in Ashby. Howarth is the owner of a disposal site in Ashby where there has been a failure to assess and submit documentation required. MassDEP issued a Penalty Assessment Notice for $25,800 in 2009, which was upheld on appeal to OADR. The Order now requires the owner to submit either a Tier Classification Submittal or a Permanent Solution Statement to the Department for the disposal site within ninety days.  

3/9/17: MassDEP issued a Unilateral Order to Douglas Howarth for Waste Site Cleanup violations in Ashby. Howarth is the owner of a disposal site in Ashby following failure to assess and submit documentation required under the Massachusetts Contingency Plan and Chapter 21E. MassDEP issued a Penalty Assessment Notice for $25,800 in 2009, which was upheld on appeal to Office of Administrative Dispute Resolution. As a result, today's Order requires the owner to submit either a tier classification submittal (a numerical ranking of the environmental contamination) or submit a permanent solution statement to MassDEP for the disposal site within ninety days.  

3/8/17: MassDEP entered into two Amendments to existing Consent Orders with Granby and International EC, LLC, in Granby. The two amendments to existing Consent Orders with International EC, LLC, owner of a public water system known as The MacDuffie School in the town of Granby. The amendments adjust the schedule for compliance with new source installation(s) to meet the source and storage requirements of the Massachusetts Drinking Water Regulations and to comply with lead and copper drinking water standards.

3/7/17: MassDEP entered into a Consent Order with Fonzo Realty Trust for Wetlands violations at Beverly. In September 1997, MassDEP issued a Superseding Order of Conditions (SOC) to the Fonzo Realty Trust for the construction of a Sam Fonzo Drive as a public roadway including sewer installation, drainage facilities, grading and alteration of approximately 10,000 square feet of Bordering Vegetated Wetlands. The SOC required all authorized work to be completed within three years unless extended. The work was performed in the late 1990s, no extensions were requested or issued, and the SOC expired in 2000. The SOC also required that a request for a certificate of compliance be submitted upon completion of the work. In September 2016, the city submitted a request for the certificate to MassDEP since the city had accepted Sam Fonzo Drive as a public street. MassDEP staff inspected the site and found that the project was completed with the exception of the failure of a wetland replication area required as mitigation for filling at a wetland crossing. Today's Order requires that the project be completed according to the terms and conditions of the SOC and a 2017 revised wetland replication plan. The document also requires monitoring and reporting of the replication area for five years.

3/6/17: MassDEP issued a Unilateral Order to Steaming Tender, Inc., for Water Supply violations in Palmer. The Boil Water Order was issued due to E. coli and total coliform bacteria detections within the distribution system of this, a public water supply. The Order requires an investigation, response actions, including boiling water or use of approved alternate water and follow-up monitoring and reporting to ensure safe water.

3/6/17: MassDEP has entered into a Consent Order with a $3,800 Penalty involving Sara LLC d/b/a South End Gas Plus, for Underground Storage Tank regulations in Springfield. Sara LLC has failed to address underground storage tank (UST) violations at its Springfield facility.  As a result of multiple inspections, MassDEP determined that Sara LLC failed to ensure that UST operators were onsite and failed to conduct monthly inspections of the UST systems. As part of today's Order, Sara LLC will pay $1,200 of the Penalty and an additional $2,600 will be suspended pending compliance with the terms of the agreement.

3/6/17: MassDEP entered into a Consent Order with ExxonMobil Corporation in Charlton to provide a public water supply and offer connections to properties in the area of a former ExxonMobil operated gasoline service station in Charlton. ExxonMobil has been sampling private drinking water wells and providing bottled water and/or treatment systems to impacted properties. Today's Order requires ExxonMobil to install approximately seven miles of waterline from the town of Southbridge and to offer free connections to 192 properties in the area, regardless of whether contaminants have been detected, in an effort to reach a Permanent Solution for the service station site. The cost of the waterline is estimated at approximately $20,000,000. ExxonMobil will also provide an additional $7,500,000 to the town of Charlton for operating and maintenance costs.  

3/6/17: MassDEP entered into a Consent Order with a $1,000 Penalty involving Shubh Ramesh Joshi for Waste Site Cleanup violations at 447 Water Street in Fitchburg. Shubh Ramesh Joshi is a resident of Somerville who failed to submit required documents one year after reporting a release of oil and hazardous materials at his Fitchburg property. He has agreed to pay the $1,000 Penalty and submit the required documents within sixty days.  

3/2/17: MassDEP entered into a Consent Order with a $5,000 Penalty involving Joseph Freedman Company for Stormwater violations in Springfield. The violations involved the discharge of cutting fluid to groundwater that occurred at Freedman's facility at 115 Stevens Street in Springfield. On 6/16/16, Freedman self-reported to MassDEP that discharges of machine cutting fluid to the storm drainage system. Cutting fluid is a water-based mixture that contains petroleum hydrocarbons and is utilized in the precision machining industry during fabrication of metal parts. Scrap metal chips are shipped by machine shops to Freedman for recycling. The fluid is regulated by MassDEP as an industrial wastewater.  Prior to recycling, the chips are stored at the Freedman facility, and residual cutting fluid seeps from the chips and is collected in a holding tank.  The discharge occurred when an employee pumped the contents of the holding tank to an outside storm drain. It is estimated by Freedman that ~2,500 gallons of cutting fluid were discharged to the storm drainage system at the property during the course of several months. The discharge was ceased as of 6/16/16, and Freedman retained an environmental contractor on that date to clean out the impacted storm drainage structures.  Storm water from the property ultimately drains to Poor Brook, however, it is apparent that most of the cutting fluid infiltrated to soil underlying the storm drainage structures due to the age, construction and current physical condition of the structures. Prior to meeting with MassDEP to discuss the violation, Freedman re-trained its employees on procedures for collection and disposal of waste cutting fluid. Additionally, Freedman will address the soil and groundwater contamination from the cutting fluid.

3/1/17: MassDEP issued 41 Notices of Noncompliance to Underground Storage Tank facility owners/operators. These owner/operators failed to submit return to compliance plans completed by their respective due dates between 11/1/16 and1/31/17. The agency gave the offenders 45 days to return to compliance by correcting violations previously identified in Third-Party Inspector (TPI) reports. Entities that fail to do so will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved TPIs to inspect their tank systems every three years. TPIs report their findings to the agency. More information:

UST-TPI

February 2017

2/28/17: MassDEP issued a $29,960 Penalty Assessment Notice to Wilbraham Land and Development, LLC, for failure to address violations in a Unilateral Order on 12/16/16.  WL&D is a Boston-based corporation that owns a mill complex at 176 Cottage Street in Wilbraham. The Order and today's Penalty are due to environmental conditions observed during inspections that were performed on 10/27/16 and 11/4/16, in response to an anonymous complaint received by MassDEP regarding the presence of friable asbestos containing materials at the property in poor condition. The inspections confirmed violations of asbestos regulations including improperly covered thermal system insulation (TSI); pieces of TSI on the boiler room floor, and storage of removed other asbestos containing material uncovered and un-wetted. A number of transite pipes were also stored in the mill yard. Abandoned containers of unknown liquids, potentially hazardous waste or waste oil, were observed within the buildings at the site. Piles of solid waste debris including numerous scrap automobiles, tires, piles of construction and demolition debris and metal drums were noted at the property. A number of fluorescent bulbs and ballasts had been disposed of with conventional solid waste. Finally, a leaking oil supply line (since repaired by owner) was identified in the boiler room, with significant amounts of absorbent materials had been deployed on the basement floor to collect and contain this oil. The Order set a schedule for WL&D to correct the violations noted, develop a universal waste management plan, and investigate a potential abandoned oil storage tank located below the boiler room floor. WL&D did not respond to that Order, which led to today's Penalty.   

2/22/17: MassDEP entered into a Consent Order with a $30,000 Penalty involving DSK Realty Trust for Waste Site Cleanup violations at 36 Main Street in Rowley. DSK is the owner of the property where a gas station/auto repair shop is located. A truck ran into the pump island and the responsible party undertook to remove soil and replace tanks. Specifically, the violations currently center on the failure to meet deadlines set out in an enforcement document dated 10/28/16. Today's Order contains a payment of $4,000 with $26,000 suspended as well as a stipulated penalty provision for any missed deadlines.

2/22/17: MassDEP issued a Demand for a $12,000 Stipulated Penalty Provision to A-Plus Waste and Recycling Services, LLC, in Middleborough. A-Plus Waste and Recycling Services, LL violated the terms of a previous Consent Order by not submitting three biweekly reports; not removing the approximately 1,000 cubic yard stockpile of compost material by 9/1/16; not screening and removing the estimated 13,680 cubic yards of finished and cured compost from the site by 10/1/16; not screening and removing compost and removing waxed cardboard from the site by 12/31/16; and, by failing to notify MassDEP 24 hours prior to change in site work on two occasions. The Stipulated Penalty Demand Notice requires A-Plus to pay $12,000 within 30 days. MassDEP had entered into a Consent Order with A-Plus for noncompliance with the applicable Solid Waste Regulations for their compost operation at 88 River Street.  A-Plus held a General Permit with MassDEP for Composting (including food material) in Middleborough.  A-Plus violated MassDEP solid waste regulations by generating off-site offensive/nuisance odor conditions and not using best management practices at the site.  MassDEP revoked the site's General Permit for composting and required A-Plus to follow an updated Operational Plan for Compost Materials Removal and Odor Control Plan ("the Plan") for the management and subsequent removal of the existing compost material on site and minimization of off-site nuisance odors.

2/22/17: MassDEP entered into a Consent Order with the town of Norton Middle School for Groundwater Discharge violations involving the Wastewater Treatment Plant. The violations were for failure to adequately treat and discharge wastewater from the Middle School WWTP in accordance with their Groundwater Discharge permit. Under today's Order an evaluation of the plant will be completed to determine its ability to operate in compliance with the existing permit. If modifications are needed, today's Order includes timeframes for the submission of deliverables and the completion of the work. Today's Order also includes a $12,650 Penalty which will be suspended provided the Norton School Department fully complies with the terms of the Order.

2/22/17: MassDEP executed a Consent Order with a $6,000 Penalty involving Northern Arch Management, LLC, for Waste Site Cleanup violations in Ludlow. Northern Arch Management, LLC, failed to notify MassDEP within two hours of a sudden release of 15 gallons of hydraulic fluid that occurred at the Ludlow Service Plaza on the Massachusetts Turnpike in Ludlow. On 7/15/16, MassDEP was notified by Cumberland Gulf, operator of the service plaza, regarding a spill of an estimated fifteen (15) gallons of hydraulic fluid due to the failure of the hydraulic system on a compactor serving the MacDonald's franchise at the property. The MacDonald's Franchise is operated by Northern Arch Management, LLC.  As reported, the hydraulic fluid spill was discovered by Cumberland Gulf while inspecting pavement staining at the site in the vicinity of the compactor. Gulf indicated that they were advised that an employee of Northern Arch was operating the compactor on 7/13/16 at approximately 2:00 PM, and a hydraulic line ruptured, impacting the area. MassDEP staff immediately responded to the site to oversee work performed by an environmental contractor retained by Cumberland Gulf to finish cleaning the spill. In order to resolve the violation, Northern Arch agreed to train its employees on notification requirements and appropriate response to spills of hydraulic oil, and to post signs in its compactor areas regarding these procedures. Northern Arch also agreed to submit the required documentation that would demonstrate the cleanup of the spill had been addressed, and pay a penalty of $6,000.

2/16/17: MassDEP entered into a Consent Order with a $17,820 Penalty involving Kwik Lube N Tune Inc. of Swansea. The station was found to be in violation of regulations pertaining to discharge of pollutants to ground waters of the Commonwealth, specifically use of injection well, and the failure to post waste oil accumulation areas along with failure to keep tanks containing hazardous waste closed. The Order, in addition to the Penalty, requires the responsible party to return to compliance before commencing operations.

2/10/17: MassDEP entered into an Amendment to a Consent Order with Falmouth Transfer Station pertaining to Solid Waste Regulations. Falmouth Transfer Station agreed to permit modification and relocation of its household hazardous waste, recycling collection and metal collection area. The amendment also permitted Falmouth Transfer Station to provide removable safety railing and installing closed circuit cameras to assist the town on Falmouth in better monitoring of the Transfer Station.
 
2/8/17: MassDEP entered into a Consent Order with a $12,677 Penalty involving the Three Rivers Fire District in Palmer. Three Rivers Fire District must address noncompliance with Drinking Water Regulations identified during sanitary surveys and other on-site inspection. Among the issues to be addressed under today's Order include: response to elevated copper, cross-connection control, operator staffing, treatment facility requirements and capital/long-term planning. Today's Order includes a penalty of $12,677 with MassDEP suspending $7,677 pending compliance with the provisions of the Order.

2/6/17: MassDEP entered into a Consent Order with a $33,050 Penalty with the town of Maynard for Water Supply violations. The town of Maynard operates a Public Water System and Wastewater Treatment Facility. In January 2016, the town of Maynard exceeded the maximum contaminant level for total trihalomethane (disinfection byproduct) in drinking water and failed to conduct public notification within 30 days of knowledge. MassDEP conducted an inspection at the WWTF and determined that equipment and alarms were not functioning properly. The town of Maynard had also exceeded its discharge permit limits for total residual chlorine and fecal coliform. Today's Order requires the town to implement items identified in their Drinking Water corrective action plan including permitting and installation of treatment modifications. Finally, the town will submit to MassDEP a comprehensive evaluation of their WWTF focused on their chlorination/de-chlorination system and backup power supply. As the town has agreed to fully comply, MassDEP has agreed to suspend the penalty of $33,055.

2/3/2017: MassDEP entered into a Consent Order with a $2,000 Penalty involving Rogers Street Partnership LLC for Waste Site Cleanup violations at 75 Rogers Street in Lowell. Rogers Street Partnership is the owner of the property at 75 Rogers Street in Lowell. The property is a former mill building/tannery on the Concord River and is being sold. Specifically, the violations were for failure meet deadlines MassDEP issued in a previous Notice of Noncompliance on 2/5/16. Under today's Order, $1,000 of the Penalty will be paid, and the remaining $1,000 will be suspended as well as a stipulated penalty provision for any future missed deadlines.

2/1/17: MassDEP entered into a Consent Order with an $8,500 Penalty involving Wood Trucking Corp. for Wetlands violations at 27R Farm Avenue in Peabody. The violations concern the alterations of approximately 700 square feet of Bordering Vegetated Wetland (BVW), within a wetland replication area required by a previous Consent Order. This area was altered by up to 6 inches of silt that had been eroded from a large stockpile of fill material during a significant storm event. The BVW alteration was reported to MassDEP by the wetland scientist monitoring the replication area. Immediate steps were taken at the direction of MassDEP to remove the silt, overplant with seed, and implement corrective site stabilization measures. The Order requires monitoring, reporting and compliance with functional BVW performance goals in the replication area. The document also contains payment of the total penalty of $8,500.  


January 2017

1/31/17: MassDEP issued 84 Notices of Noncompliance in January relative to Underground Storage Tank (UST) Enforcement. The UST facility owner/operators failed to have third-party inspections completed by their respective due dates through last November. MassDEP has given the offenders 45 days to return to compliance, and those that fail to do so will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information:

UST-TPI

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1/26/17: MassDEP entered into a Consent Order with an $11,500 Penalty involving Fountain Plating Company, Inc., for Air Quality and Hazardous Waste Management violations in West Springfield. Based on information from a MassDEP inspection and data submitted by the company, MassDEP determined the company had failed to apply for an air quality plan approval for a dip-tank masking operation and had submitted late and inaccurate air quality plan approval reports. The company also failed to comply with hazardous waste labeling standards. As part of the Consent Order, Fountain Plating will pay $8,500 of the Penalty with the remaining $3,000 was suspended pending the company's compliance with the terms of the agreement.

1/25/17: MassDEP issued a Unilateral Order to Azon Realty LLC for Waste Site Cleanup violations in Agawam. Azon Realty LLC previously had filed a 'temporary solution' in September 2011 relative to a release of chlorinated solvents from historic dry-cleaning operations. The release of these solvents occurred on the site. The site is currently occupied by a new owner that operates a commercial business at this location. The temporary solution however, relied on the continued operation of a sub-slab depressurization system (SSDS) to maintain indoor air concentrations suitable for occupancy. Semi-annual documentation that the SSDS is operational and indoor air is suitable for occupation of the on-site building has not been provided to MassDEP, as is required under the terms of the temporary solution. Also, the required five-year periodic review was not submitted. The five-year review is to affirm that the conditions that support the temporary solution are being maintained. Azon Realty LLC has not responded to previous MassDEP attempts to correct the violations, and has not responded to MassDEP's issuance of a Notice of Noncompliance. Today's Order now requires Azon Realty LLC to evaluate indoor air conditions, conduct an imminent hazard evaluation, and determine whether the conditions for this temporary solution are being achieved.

1/25/17: MassDEP issued a Unilateral Order to Paracha, Inc. for Waste Site Cleanup violations in Holyoke. Paracha, Inc. filed a 'permanent solution' statement in May 2015 with MassDEP relative to the release of chlorinated solvents from former dry-cleaning operations that previously had operated at this location. A Department audit of the permanent solution statement in March 2016, however, identified several data gaps, including lack of investigation of potential sources of contamination and inadequate evaluation of potential indoor air exposure to chlorinated solvents that resulted in the Department issuing a Notice of Noncompliance. Paracha, Inc. did not provide adequate response to the NON and did not respond to an interim deadline extending the period of time to return the site to compliance. Today's Order directs Paracha, Inc. to collect the necessary data to achieve (or re-establish) a permanent solution or to conduct other necessary response actions.

1/24/17: MassDEP entered into a Consent Order with a $29,100 Penalty involving Sherwood Building Company for Asbestos violations at 1515 Riverside Drive in Somerset. The company failed to hire an Asbestos Inspector to conduct an Asbestos Survey prior to demolition and renovation activities, failed to submit notification to MassDEP, as well as failure to comply with asbestos removal and work practice requirements. Sherwood Building Company was renovating a former elementary school building that they owned and planned to lease to a public charter school. The renovations work resulted in the disturbance of asbestos containing wall and ceiling plaster throughout the school as well as asbestos containing thermal system pipe insulation in the basement. Sherwood Building Company has been assessed a civil administrative penalty of $29,100, and $8,100 is payable within thirty days. Thereafter, $18,000 will be paid in four quarterly installments ($4,500 each) over the next year. The remaining $3,000 will be suspended for one year provided Sherwood Building Company does not violate any provisions of the Order or does not further violate any of the regulations.

1/20/17: MassDEP entered into a Consent Order with Bernardston Fire and Water District to address violations including: cross-connection inspections, certified operator violations, Water Management Act exceedances, and, an un-registered underground injection control (floor drain) violation. In addition to addressing the noncompliance, the District agreed to a penalty in the amount of $23,330, of which $5,000 is to be paid with the balance suspended provided the District complies with the requirements of today's Order.

1/17/17: MassDEP entered into a Consent Order with a $5,750 Penalty involving the Villages of Brookside Condominium for violations at its wastewater treatment facility in Bourne. Brookside failed to install backup power at the remote pump stations in accordance with the approved plans. Today's Order ensures that installation of a generator at each pump station pursuant to the approved plans. A civil administrative penalty in the amount of $5,750 will be paid to the Commonwealth within 30 days.

1/17/17: MassDEP entered into a Consent Order with a $10,000 Penalty involving Genuine Parts Co. (d/b/a Napa Auto Parts, Inc.) for Hazardous Waste Management violations in Southwick and Westfield. Genuine Parts Co. owns and operates multi-state auto parts supply stores. As a result of inspections conducted at the company's Napa Auto Parts stores located in Southwick and Westfield, MassDEP identified that these facilities were transporting waste oil generated by another facility without a valid license to transport hazardous waste. In addition, MassDEP identified a number of violations related to the handling of waste oil at those facilities. As part of the settlement agreement, Genuine Parts Co. will correct the violations, conduct an audit of all of their owned and operated stores in the Commonwealth, and pay $8,000 of the Penalty with an additional $2,000 suspended pending the company's compliance with the terms of the Order.

1/12/17: MassDEP entered into a Consent Order with a $5,750 Penalty involving Camp Greylock relative to Groundwater Discharge violations in Becket. Today's Order requires Camp Greylock to come into compliance through the construction of a Groundwater Treatment Facility due to a wastewater design flow greater than 15,000 gallons per day. A penalty in the amount of $5,750 is suspended in its entirety, provided Greylock complies with the requirements of today's Order.

1/11/17: MassDEP entered into an Amendment to an existing Consent Order with Foundry Acres, a small public water system in Colrain. Foundry Acres serves a neighborhood of homes, but needs to comply with the requirements for a redundant source or secondary storage. Alternatively, some residents may elect to develop their own private wells, a reduction in the population served by Foundry Acres that would bring the system below the threshold that triggers public water system requirements.

1/6/17: MassDEP issued a Public Notice (non-boil order) to the Stoughton Water Department (population 25,954)  will be issuing a Tier I Notice today pursuant to the requirements of the Groundwater Rule. The system received notification from their lab yesterday evening (1/5/17) that a raw water sample collected from groundwater source (Muddy Pond) had tested positive for E. coli. The system chlorinates but is not certified for 4-log (or 99.99% removal/inactivation) for this source.  The Muddy Pond source has been taken off line. Distribution system samples collected on the same day have tested absent for both total coliform and E. coli. The Stoughton Water Department will collect the required five (5) repeat raw water samples this morning while pumping the source to waste. The region will work with the system on corrective actions based on the results of the additional sampling, and an inspection of the source. The Stoughton Water Department is interconnected with the MWRA and can take additional water as needed from the MWRA system to make up any water shortage which may result due to this source being taken off-line.

1/4/17: MassDEP entered into an Amendment to an existing Consent Order with the town of Gill for Water Supply violations at the Gill Elementary School in Gill. The School needs to install ultraviolet disinfection to allow the school to complete design changes to incorporate pre-filtration that is necessary to reduce iron and manganese prior to the UV disinfection.

1/4/17: MassDEP entered into a Consent Order with a $30,000 Penalty involving Northeast Behavioral Health for Waste Site Cleanup violations at 162 Federal Street in Salem. Northeast Behavioral Health is the owner or former owner of the property at 162 Federal Street. The property is a former school building. The violations were for failure meet deadlines set out in a previous Consent Order dated 4/28/14. Today's Order includes payment of a $5,000 Penalty with $25,000 suspended as well as a stipulated penalty provision for any missed deadlines.

1/3/17: MassDEP entered into a Consent Order with a $2,000 Penalty involving Quality Auto Repair for Hazardous Waste and Groundwater Discharge violations in South Hadley. As a result of an inspection of its South Hadley facility, MassDEP identified that the facility was discharging oil-contaminated wastewater directly to the land surface. In addition, MassDEP identified a number of violations related to the handling of waste oil at the facility.  As part of the settlement agreement, Quality Auto Repair will correct the violations and pay $2,000 of the Penalty with the additional $2,000 suspended pending compliance with the terms of the Order.