1/31/14: MassDEP issued 41 Notices of Noncompliance to owners/operators of Underground Storage Tank facilities in the Commonwealth. The facility owner/operators failed to have UST inspections completed by the respective due dates (which were in either June or July of 2013). The agency gave the offenders 45 days to return to compliance. The facilities that fail to do so will be subject to additional enforcement measures, including possible financial penalties. The UST facility owner/operators are required to have their tank systems checked every three years by MassDEP-approved third-party inspectors (TPIs) they hire. TPIs report their findings to the agency. While they provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information: UST-TPI
1/29/14: MassDEP entered into a Consent Order with the town of Hancock regarding Water Supply violations in Hancock specifically to address repeated violations of the maximum contaminant level for total coliform at the Hancock Elementary School public water system. Under today's agreement, the public water supplier has installed disinfection and will report to MassDEP regarding the ability to meet compliance with its permit and will not discontinue disinfection unless MassDEP approves of such action.
1/29/14: MassDEP executed a Consent Order with a $30.000 Penalty involving Mohammad Al Omari for Waste Site Cleanup violations at 454 Water Street in Wakefield. Mohammad Al Omari is the owner and/or operator of the property at 454 Water Street where violations including failure to meet deadlines set out in previously-issued notice of noncompliance dated 6/12/13. Today's Order requires a tier two cleanup permit transfer and tier two extension by 2/28/14; a phase three remedial alternatives analysis report for the site which meets the requirements by 4/30/14; and, phase four remedial implementation report for the site which meets the requirements by 7/30/14. Finally, by 7/30/14, the respondent shall submit to MassDEP a response action final outcome statement or a remedy operation status whic9h meets the requirements for the site. Under the terms of today's Order, the respondent has agreed to pay $5,000 of the Penalty with the remaining $25,000 suspended pending compliance with the terms of the Order and meeting all the required deadlines.
1/28/14: MassDEP entered into a Consent Order with a $1,720 Penalty involving the Olde Farm Golf Club, LLC, for Water Supply violations in Southwick. The Olde Farm Golf Club, LLC is the owner of a non-transient non-community public water system at the Ranch Golf Club. The violations concerned water quality monitoring violations, failure to complete public notice and failure to complete required actions following a sanitary survey. Today's Order includes corrective actions for these violations. The respondent will pay $1,000 of the Penalty with the remaining $720 suspended pending compliance with the provisions of today's Order.
1/24/14: MassDEP executed an Amendment to an existing Consent Order with Jacob's Pillow Dance Festival, Inc., regarding compliance with water supply regulations at its facility in Becket. The amendment to the Order concerned extending the deadlines for reducing water use or installing a new source.
1/24/14: MassDEP executed a Consent Order with a $32,000 Penalty involving Sim Chhuon for Waste Site Cleanup violations at 1687 Middlesex Avenue in Lowell. Sim Chhuon is the owner and/or operator of the property at 1687 Middlesex Avenue where the specific violations included failure to meet deadlines established in an earlier notice of noncompliance that MassDEP issued on 5/2/12. Under today's Order, the respondent is required to submit a tier two (cleanup permit) extension by 1/31/14; submit a phase two assessment by 1/31/14; a phase three remedial alternatives analysis report by 9/13/14; a phase four remedial implementation plan by 12/30/14; and, a final response action outcome statement or a remedy operation status that meets the requirements by 7/30/15. Under today's Order, the respondent has agreed to pay $3,000 Penalty with the remaining $29,000 suspended pending compliance with all terms of today's Order. There is also a stipulated penalty provision for any missed deadlines.
1/24/14: MassDEP executed a Consent Order with a $30,000 Penalty involving Donald F. Knowles Inc. for Waste Site Cleanup violations at 36 Main Street in Rowley. Specifically, the violations were a failure meet deadlines established in a notice of noncompliance MassDEP issued on 8/30/12. Under today's Order, the respondent is required to submit a final response action outcome statement or a remedy operation status that meets the requirements by 11/5/14. Also, under today's Order, the respondent has agreed to pay $2,000 of the Penalty with the remainder, $28,000, suspended pending compliance with the terms. There is also stipulated penalty provision for any missed deadlines.
1/17/14: MassDEP entered into a Consent Order with a $48,800 Penalty involving the town of Avon Water Department for Drinking Water violations in Avon. Specifically, the AWD failed to restore 4-log treatment (or 99.99% disinfection) within 4 hours, failed to notify MassDEP of 15 treatment techniques failures, failure to perform the applicable public notification, and bypassing safety controls on chemical-feed pumps. This case resulted from the former AWD superintendent's guilty plea to two federal counts of knowingly submitting federally required reports to DEP that included materially false representations. On four different dates in 2010, the superintendent reported that residual disinfectant levels at two water treatment facilities in Avon met or exceeded minimum required disinfectant levels, when, in fact, the residual disinfectant levels for each of the dates was below the required level for more than four hours at each of the facilities. The former superintendent, John Tetreault, had his operator's license revoked by the state's Division of Professional Licensure and his employment with the town of Avon was subsequently terminated. Today's Order with the AWD requires the restoration of safety controls on chemical feed systems, the evaluation of existing control systems and the preparation of an evaluation report describing recommended upgrades and/or system modifications to ensure compliant chlorine residual levels. Today's Order requires the payment of $2,000 of the Penalty with the remainder, $46,800, to be suspended contingent upon the town's development and implementation of an Environmental Management System (EMS) in accordance with the terms and conditions of today's Order.
1/17/14: MassDEP entered into a Consent Order with a $23,570 Penalty involving Westboro Road Realty Trust for Solid Waste violations at Treeline Construction, Inc., and Atlantic Construction Service, Inc., in Millbury for Solid Waste violations. The violations occurred at 130 Westborough Street in Millbury. Treeline continued to store concrete, masonry and rock at the facility after a 2008 Notice of Noncompliance required removal of the material. Today's Order requires Treeline to pay the $23,570 Penalty and immediately cease and desist the amassing of any additional solid waste and to comply with all applicable regulations. Within 30 days of the effective date of the consent order, Treeline must submit a proposed compliance plan to MassDEP for approval including the removal and lawful off-site processing and/or disposal of all solid waste currently stored by 6/30/14. Today's action will result in the removal of solid waste relative to its 2011 inspection estimates.
1/15/14: MassDEP entered into a Consent Order with a $6,610 Penalty involving the town of Scituate, for violations at its Wastewater Treatment Facility. The town of Scituate was found to be in violation of the Surface Water Discharge Permit Regulations and the Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Plants. This case involved the discharge of leachate to the ground from grit hopper cleanout of a septage holding tank and the failure to maintain existing de-watering systems. Of the $6,610 Penalty, Scituate will make a payment of $1,652 and conduct a Supplemental Environmental Project which is in the amount of $4,957. This SEP involves the upgrade work necessary to the industrial pumps with variable frequency drives which will result in additional energy and cost savings.
1/10/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Lipton, Inc. for Waste Site Cleanup violations in Greenfield. Lipton, Inc., is the operator of a self-service gasoline station at 100 Mohawk Trail in Greenfield. On 9/30/12, MassDEP responded to a report from the Greenfield Fire Department that gasoline-contamination had been discovered in the storm drainage system and a small brook adjacent a Shell gasoline dispensing station at 100 Mohawk Trail. The gasoline was eventually determined to have leaked from failed piping under one of the dispensers at the station. Lipton, Inc., is the site operator, and the Estate of Helen Mackin is the site owner. The respondent have retained contractors to repair the dispenser piping, recover the gasoline, and eliminate the discharge of gasoline to the storm drainage system and brook. In addition, Mackin has continued to complete removal of the gasoline contamination from the soil and groundwater at the site, and is currently in full compliance with MassDEP's Waste Site Cleanup regulations.
1/10/14: MassDEP issued a Unilateral Order to the Sudbury Pines Extended Care, Sudbury. Under today's Order, Sudbury Pines Extended Care in Sudbury must take immediate actions to eliminate onsite septic system overflows onto the property, and to take actions to address the cause of the septic system failure. Today's Order also requires Sudbury Pines to pump the system as often as needed to eliminate the risk of further septic system overflows in the future.
1/8/14: MassDEP executed a Consent Order with a $30,000 Penalty involving Framingham Auto Sales, Inc. for Waste Site Cleanup violations in Framingham. The company is the long term owner and operator of an auto dealership at 1200 Worcester Road, Framingham. Framingham Auto Sales Inc. was found to be overdue for submitting a phase one assessment report and a tier classification (determining a numerical ranking detailing extent of contamination). The site was first reported on 2/16/12 after assessment of the property was done. Framingham Auto Sales Inc. has agreed to pay $5,000 with $25,000 of the Penalty suspended. This enforcement action will lead to the cleanup of petroleum in the area of a former heating fuel tank and in the area of a hydraulic lift.
1/7/14: MassDEP entered into a Consent Order with a $7,000 Penalty involving the Estate of Helen Mackin for Waste Site Cleanup violations in Greenfield. Mackin is the owner of a self-service gasoline station at 100 Mohawk Trail in Greenfield. On 9/30/12, MassDEP responded to a report from the Greenfield Fire Department that gasoline-contamination had been discovered in the storm drainage system and a small brook adjacent a Shell gasoline dispensing station at 100 Mohawk Trail. The gasoline was eventually determined to have leaked from failed piping under one of the dispensers at the station. Lipton, Inc., is the site operator, and the Estate of Helen Mackin is the site owner. The respondent have retained contractors to repair the dispenser piping, recover the gasoline, and eliminate the discharge of gasoline to the storm drainage system and brook. In addition, Mackin has continued to complete removal of the gasoline contamination from the soil and groundwater at the site, and is currently in full compliance with MassDEP's Waste Site Cleanup regulations.
1/7/14: MassDEP entered into a Consent Order with a $32,000 Penalty involving Richard C. and Pamela M. Albright for Wetlands violations at 270 Boston Street in Topsfield. The Albrights own a residential property at 270 Boston Street in Topsfield. MassDEP was requested to take over enforcement matters on this case by the local conservation commission because the Albrights had failed to fully comply with the local (and multiple) enforcement orders, and extensions (of time) for restoring a vernal pool, intermittent stream and surrounding forested bordering vegetated wetland. The original violations occurred in August of 2007 when the Albrights clear cut, excavated and graded an area of their property to build a large pond surrounded by manicured lawn. This work, in fact, had altered the bank of an intermittent stream and approximately 28,000 square feet of BVW containing a vernal pool. As such, this violation resulted in the issuance of two local orders, a restoration plan and schedule for the work. Another order was issued locally in September 2008. Although work pursuant to the plan was performed, portions of it were in noncompliance with the plan and schedule. Additionally, after planting, during the beginning "grow in" and monitoring period, the entire area of vernal pool, BVW and buffer zone was mowed. In October of 2008 the locals issued the Albrights specific written notification about their obligations under the previous orders and that any future mowing within wetlands jurisdiction required authorization. October 2009 monitoring reports and site visits confirmed that the "grow in" and hydrology of the vernal pool and surrounding BVW were successfully supporting the functional goals of the restoration. However, a July 2010 monitoring report documented that the entire area of vernal pool and BVW had again been mowed. In October 2010, the local agent observed evidence of this, the area had again been recently mowed, a violation. Subsequent negotiations with the Albrights and the TCC regarding compliance with the restoration plan and additional planting to restore forested canopy in the area proved unsuccessful. Under today's Order, the Albrights are required to bring the site into compliance with a revised comprehensive restoration plan that includes significant additional planting to restore a forested canopy and long term monitoring. The Albrights will pay $10,000 of the Penalty and the remaining $22,000 will be suspended pending compliance with the terms.
1/7/14: MassDEP entered into a Consent Order with an $11,000 Penalty involving the Association of Eastern Point Residents, Inc. for Wetlands violations in Gloucester. Specifically, the violations occurred within and on adjacent parcels to a private way known as Brace Cove Road in Gloucester. At the request of the Gloucester conservation commission, MassDEP investigated excavation and re-grading work that had been performed to widen a pedestrian path located within the private way. This work was performed by the Association without the required authorization. The work resulted in alteration of approximately 1,000 square feet of coastal dune within the path, less than 50 square feet of coastal beach on an adjacent parcel, and approximately 350 square feet of bordering vegetated wetland on an adjacent parcel. The document requires full restoration of wetland resource areas with long-term monitoring and payment of $2,000, with the remaining $9,000 suspended pending demonstrated compliance.
1/2/14: MassDEP entered into a Consent Order with a $16,250 Penalty involving James and Celeste Chenier for Wetlands violations in Ludlow. Specifically, the violations involved the alteration of riverfront area, bordering vegetated wetland, bank, land under water as well as bordering land subject to flooding at a farm that is owned by the Cheniers. The work had been done in an effort to establish a hayfield at the site in order to ensure continuation of the Chapter 61A tax status. In addition to constructing a "replacement area" for the violations, the Cheniers will place the area of approximately 3-acre area kettle bog into a conservation restriction, and pay a penalty of $5,000. The balance, $11,250 will be suspended provided the construction of the restoration area is achieved and the conservation restriction and future compliance is maintained.
1/2/14: MassDEP entered into a Consent Order with a $24,000 Penalty involving Chenier's Gravel Bank, Inc. for Wetlands violations in Ludlow. Chenier's Gravel Bank, Inc. has agreed to resolve the alteration of the riverfront area at the gravel bank's property. Chenier's will also delineate the entire site to ensure there are no future violations, as well as restore the riverfront area. Chenier's has agreed to pay $1,000 of the Penalty with the remainder, $23,000, suspended pending compliance.