May 2017

5/31/17: MassDEP entered into a Consent Order with a $1,395 Penalty to Southbridge Sheet Metal Works, Inc. for Air Quality, Hazardous Waste Management and Toxics Use Reduction Act violations in Sturbridge. The violations were observed during inspections of the facility in November 2015 and December 2016. Specifically, the company had not submitted source registration reports, had acted out of its self-registered status (very small quantity generator of waste oil) and had not submitted its required Toxics Use Reduction report for methylene chloride for reporting year 2014. The company has corrected all the violations and agreed to the Penalty, and under today's Order will be directing $1,046 of that amount towards purchasing a Quattro 4-gas meter for the Sturbridge Fire Department as a Supplemental Environmental Project.  

5/30/17: MassDEP issued a Unilateral Order to the town of Ware to address public water supply source contamination. The Order requires the town, and Water Department, to provide notice to its customers to Boil Water, to implement its Emergency Response Plan, investigate the condition of the source, adjust disinfection and complete additional monitoring.

5/30/17: MassDEP issued 211 Notices of Noncompliance in May as part of   Underground Storage Tank (UST) regulation enforcement. These UST facility owner/operators failed to have their compliance certification completed by their respective due dates. MassDEP gave the offenders 45 days to return to compliance and those that fail to do so will be subject to additional enforcement, which may include financial penalties. Additionally, MassDEP also issued Reporting Penalty Assessment Notices (RPANs) to another 43 UST facility owner/operators in May for failing to respond to previous NONs. These 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

5/26/17: MassDEP issued a Unilateral Order and Demand Letter to David and Michelle Biddle of Hatfield for a Penalty in the amount of $7,187.50. MassDEP took the action in connection with a discharge to a wetlands from a tank used to collect wastewater from the home and pump it to the municipal sewer. The Unilateral Order requires that the repair of the failed pump to ensure that wastewater is discharged to the municipal sewer system.

5/26/17: MassDEP entered into a Consent Order with a $20,000 Penalty involving American Environmental, Inc. for Asbestos violations at 1883 Main Street in Springfield. American Environmental, Inc. violated the regulations by causing conditions which posed a potential threat to human health, safety and welfare or to the environment during asbestos abatement activities. On 11/15/2016, and 11/17/2016 MassDEP conducted unannounced asbestos field inspections at the site, on both days upon arrival, MassDEP observed friable asbestos debris (spray-on fireproofing) and water run-off on the exterior sidewalks from the asbestos abatement activities occurring inside the structure. American Environmental, Inc. agreed to the Penalty as part of the settlement agreement.

5/17/17: MassDEP entered into a Consent Order with a $47,500 Penalty involving Peter O. MacLeod and Bridget S. MacLeod for Wetlands violations at 143 Pleasant Valley Street in Methuen. The property is currently undergoing development of one commercial building, with a second to be constructed in the future. This activity is being done under a Superseding Order of Conditions (SOC) that was obtained under the Wetlands Protection Act process. Upon an unannounced inspection by MassDEP, it was discovered that multiple notification, reporting and erosion control conditions contained in the SOC had been violated resulting in sedimentation into the buffer zone and alteration of 700 square feet of Bordering Vegetated Wetland (BVW). Today's Order now requires continued site stabilization, sediment removal, full BVW restoration and monitoring, and continued development in full compliance with the SOC. The respondents will pay $10,000 with $37,500 will be suspended pending compliance with all the terms of today's Order.

5/15/17: MassDEP issued a Unilateral Order to Michael James Cove for Underground Storage Tank (UST) violations in Hubbardston. The violations included not arranging for third-party inspections or updating his tank registration information since taking ownership of a UST in 2006. The tank in question is located at a single-family residence with a large garage that once housed a bus company. Cove has not responded to MassDEP's previous Notices of Noncompliance for failing to remove the abandoned tank or have it inspected. Today's Order gives Cove 120 to remove the tank or close it in place, or additional enforcement action, which could include financial penalties.

5/12/17: MassDEP entered into a Consent Order with a $500 Penalty involving Virginia Golemba for Waste Site Cleanup violations at 708 Main Street in Springfield. Golemba is the owner of commercial real estate at this location where on 7/9/16, MassDEP responded to a release of fuel oil to the parking lot at the site which was caused by an abandoned Underground Storage Tank (UST). Initial response and cleanup actions were conducted by MassDEP utilizing a state-funded contractor. Golemba was subsequently determined to be the owner of the property, and a Notice of Responsibility (NOR) was issued to her on 7/29/16. Although Golemba submitted a Release Notification Form, she failed to submit an Immediate Response Action Plan, which is required here for the removal and assessment of leakage from the abandoned UST. This requirement was spelled out in the NOR. Golemba also failed to respond to a Notice of Noncompliance that set a deadline of 11/20/16 for her to retain a Licensed Site Professional to submit the Immediate Response Action Plan. Under today's agreement (Consent Order) Golemba agrees to arrange for removal of the UST and submit an Immediate Response Action Plan or Permanent Solution Statement for the site within 30 days of the date of execution.

5/12/17: MassDEP issued a Unilateral Order to Double S Farms, LLC for Solid Waste violations in Dartmouth. The violations are for accepting solid waste materials for disposal including cranberry waste by-products, stumps, and sand with clam shells. Today's Order requires Double S Farms, LLC to cease the acceptance of solid waste for disposal and to submit a plan within 30 days indicating how Double S Farms, LLC intends to comply with the solid waste regulations. MassDEP is working in coordinated fashion with the Massachusetts Department of Agriculture (MDAR) and the Town of Dartmouth. Double S Farms, LLC possessed a registration for 'Agricultural Composting' with Massachusetts Department of Agricultural Resources, but that registration expired on 3/31/17.

5/10/17: MassDEP issued a Unilateral 'Do Not Use' Order to the town of Falmouth for Drinking Water violations. The Order was issued so as to restrict the town's use of the Fresh Pond Well as a Drinking Water Source. On 4/14/17, the town received perchlorate results that exceeded the 2.0 ug/l (micrograms per liter or parts per billion) that exceeded the maximum contaminant level allowed. The town immediately removed the well from service. Today's Order requires Falmouth to provide public notice, investigate the source of the contamination, and submit a corrective action plan. Today's Order prevents the well from being used until MassDEP issues written authorization to do so. Falmouth has other surface and groundwater sources to supply its customers.

5/10/17: MassDEP entered into a Consent Order with Lawrence A. Kilroy and Andrea J. Kilroy regarding the public water system serving the Barn Owl, a restaurant located in Warwick. They are owners of the public water system and, under today's Order, are required to address monitoring, the use of a licensed operator, maintenance and use of an existing source.

5/8/17: MassDEP issued a $2,580 Penalty Assessment Notice to Pete's Sales and Service, Inc., for Underground Storage Tank (UST) violations at 69 South Main Street in Sheffield. The violations, which have subsequently been resolved, included failure to test leak detection equipment and overfill prevention devices, and failure to have a third party inspection of the USTs.   

5/5/17: MassDEP issued a Demand for $2,500 in Previously-Suspended Penalty to Emerald Pines in Methuen. The violations were on a property under development known as Emerald Pines located off of Howe Street in Methuen. The violations resulted from failure to prevent a discharge of silt laden water from an unfinished foundation drain system on the property into Bordering Vegetated Wetland and Hawkes Brook for approximately four hours on 4/4/15. The violation was "self-reported' and the discharge immediately stopped upon discovery by the violator's Environmental Monitor. Today's Demand Letter requires payment of a portion of the suspended penalty in the amount of $2,500 within 30 days.

5/3/17: MassDEP entered into a Consent Order with a $53,000 Penalty involving Northstar Recovery Services for Asbestos violations in Auburn. Northstar Recovery Services, Inc., is a licensed asbestos contractor in Massachusetts. The violations occurred during an asbestos removal department store in the Auburn Mall while the store was open for business. The violations were discovered during a September 2016 inspection by responding to a complaint from the Auburn Health Department. Inspectors found Northstar personnel had removed asbestos containing floor tiles and mastic without using any containment or air-filtration units. No notification was filed with MassDEP for the asbestos removal work. Dry, broken asbestos containing tiles coated with mastic were observed in the parking lot (un-contained) and in an open top roll off at the site. MassDEP required Northstar to clean and decontaminate all affected areas of the store, parking lot and roll off and properly wet, package, label and dispose of all asbestos containing and asbestos contaminated waste.

5/3/17: MassDEP issued an $860 Penalty Assessment Notice to Alternative Recycling Systems LLC for Solid Waste violations in Hatfield. The company was penalized for intentionally mixing pre-sorted recyclables with waste during pickup on a commercial route.     

5/2/17: MassDEP entered into a Consent Order with Danversport Yacht Club Marina, LLC for Wetlands and Waterways violations in Danvers. The violations stem from Wetland Protection Act process, specifically, the permitting and (Chapter 91) license processing irregularities and documentation beginning in 1984. Today's Order clarifies existing authorizations, contains specifications for continuing authorizations, and provisions for compliance with future licenses and permits issued.  

April 2017

4/31/17: MassDEP issued 48 Notices of Noncompliance in April 2017 relative to Underground Storage Tank (UST) Enforcement. These facility owner/operators failed to either have a UST third-party inspection (34 cases) or return to compliance plans (14 cases) completed by their respective due dates. The agency has now given these offenders 30 days to return to compliance. Those that fail to do so will be subject to additional enforcement measures, including financial penalties. In Massachusetts, the 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

 

4/27/17: MassDEP entered into a Consent Order with Silver Bell Farm, LLC in connection with Water Supply Regulations in Monson. Silver Bell Farm, LLC operates as a public water system and today's Order addresses requirements related to continued monitoring, certified operator, the maintenance, as well as new source and use of an existing source.

4/27/17: MassDEP issued a $30,000 Penalty and Unilateral Order to Second Realty Trust for Waste Site Cleanup violations at 954 North Main Street in Randolph. The Trust failed to comply with the requirements for filing a classification relative to the cleanup of the contamination at this site (known as a Tier Classification).  Second Realty Trust owns a gas station at 954 North Main Street at which there had been a release of oil.  Second Realty Trust did not respond to a Notice of Noncompliance and a Notice of Enforcement Conference issued by MassDEP. In addition to the Penalty, today's Order requires completion of certain response actions by 7/1/17.

4/27/17: MassDEP entered into an Amendment to an existing Consent Order with the Lopes Companies, LLC in Taunton. The Lopes Companies has agreed to the established stipulated penalties since the company exceeded timelines to come into compliance with violations of the Air Quality Regulations established in the original Order.  The Amendment requires the Facility to pay stipulated Penalty of $2,000.

4/25/17: MassDEP entered into a Consent Order with a $15,200 Penalty involving GEE Realty Trust for Wetlands violations in Swansea. GEE Realty Trust is the owner of property in Swansea on which approximately 9,000 square feet of bordering vegetated wetlands had been filled. Today's Order requires the respondent to prepare a wetland restoration plan and restore the altered areas. Under today's Order the Trust will pay $7,600 and MassDEP has agreed to suspend the remaining amount of the Penalty contingent upon the successful completion of the required actions.

4/25/17: MassDEP entered into a Consent Order with an $11,500 Penalty involving Minast, LLC for Waste Site Cleanup violations at 4 Presidential Way in Woburn. Minast LLC has failed to meet the applicable cleanup requirements for contamination at this property. Minast LLC failed to submit a Release Abatement Measure (RAM) plan prior to managing contaminated soils on the site. The LLC has built a 5,000 square foot office showroom, warehouse/manufacturing facility. The property is for lease. Minast LLC has agreed to pay $2,500 of the Penalty, and MassDEP has agreed to suspend the remaining $9,000.

4/25/17: MassDEP entered into a Consent Order with US Petroleum, Inc. for Waste Site Cleanup violations at 70 Galen Street in Watertown. US Petroleum Inc. is the owner and/or operator of the property at 70 Galen Street. The specific Waste Site Cleanup violations were failure to meet deadlines under the regulations and as set out in a Notice of Noncompliance that MassDEP had issued to the company previously. Today's Order notes the owner was required to submit a Release Abatement Measure (RAM) completion report submitted by 4/17/17, and every six months thereafter until the submittal of a  RAM completion statement which meets the applicable cleanup requirements. Respondent shall submit the required RAM Status Report by 12/20/18, and submit a permanent or temporary solution statement for the site, which meets the requirements. Or, if appropriate, a Remedy Operation Status (ROS) that meets the appropriate cleanup requirements. Today's Order contains a stipulated penalty provision for any missed deadlines henceforth.

4/24/17: MassDEP issued a $1,000 Demand for a Stipulated Penalty to Westfield Electroplating Company in Westfield. On 8/17/16, Westfield Electroplating entered into a Consent Order with MassDEP that required the company to submit a Plan Approval application for the use of acetone in its parts cleaning operation within 60 days of the date of execution of the Order. WEPCO failed to submit the required Plan Approval application and the stipulated penalty provision applies.  

4/19/17: MassDEP issued a Demand for a previously-suspended $2,500 Penalty to Three Rivers Fire District in Palmer. The District failed to meet the agreed-upon requirements of a previous Consent Order with Penalty.  Today's demand is due to continued non-compliance with the Order and requires a payment of $2,500.

4/13/17: MassDEP entered into a Consent Order with $30,000 Penalty involving Brian Owens for Waste Site Cleanup violations. Owens is the owner of the property at 4 1/2 School Street in Amesbury. The property is a vacant two-family residence. There was a 200-gallon storage tank in the basement and oil was released from the tank in 2007.  Specifically, the Waste Site Cleanup violations are: a failure to meet the established deadlines set out in a MassDEP Notice of Noncompliance on 3/28/14. Under today's Order, Owens is will pay $4,000 of the Penalty with $26,000 suspended, with a stipulated penalty provision for any missed deadlines.

4/11/17: MassDEP entered into an agreement with Excel Recycling, LLC, to address Air Quality compliance for its facility in Freetown. MassDEP and Excel Recycling, have agreed to enforceable deadlines to undertake noise mitigation activities associated with the operation of a metal shredder by installing sound barriers/noise absorbing equipment and implementing the sound monitoring required under its Final Air Quality Plan Approval issued by MassDEP on 11/29/16. In addition, the Order limits hours of operation for the shredder and requires that steps be taken to mitigate windblown material from leaving the site creating off-site nuisance conditions.  

4/10/17: MassDEP entered into an Amendment to an existing Consent Order with Prospect Mountain Campground, Inc. relative to Water Supply Regulations in Granville. Today's Amendment assures corrective actions taken by this public water system are done to maintain compliance.

4/10/17: MassDEP issued an $800 Penalty Assessment Notice to Saul Casdin relative to Air Quality violations in Cummington. The Penalty was due to open burning of construction and demolition material at his residence. This case was referred to MassDEP by the Cummington Fire Department.

4/7/17: MassDEP entered into a Consent Order with a $10,000 Penalty involving Lexington Savings Corp, LLC, for Waste Site Cleanup violations in Medford. Under today's Order Lexington Savings Corp, LLC will resolve the violation, specifically the failure to submit a release abatement plan prior to conducting response actions.

4/4/17: MassDEP issued a Unilateral Order and a $1,000 Penalty Assessment Notice to Vicki Benford for Waste Site Cleanup violations in Russell. Benford owns the property at 173 Westfield Street in Russell.  The Penalty was for Benford's failure to conduct the necessary assessment and cleanup of petroleum contamination in soil and groundwater at a commercial site which historically operated as a service station and auto repair facility. A scheduled enforcement conference to discuss resolution of the violations was not attended by Benford. Today's Order sets a schedule for Benford to come into compliance by conducting the necessary assessment and cleanup which would bring the site to closure

4/4/17: MassDEP entered into a Consent Order with a $67,142 Penalty involving Wyman-Gordon Company for Asbestos, Air Quality, Hazardous Waste and Underground Storage Tank violations in North Grafton. During inspections of the metal forgings company located at 244 Worcester Street in North Grafton in February and April 2016, MassDEP observed numerous violations. All told, 32 violations were discovered, including the mishandling and storing of asbestos-containing materials in an old boiler house. The Company also caused a condition of air pollution with a baghouse, failed to maintain acid scrubber maintenance records, did not have permits for new boiler burners and equipment, was recycling waste oil without a permit, did not mark hazardous waste and waste oil containers and accumulation areas, did not update a storm water pollution prevention plan, was not inspecting UST systems monthly, and did not maintain sumps properly. The Company has corrected or is in the process of correcting all the violations. It has agreed to resolve all the violations and will pay the entire Penalty.  

4/3/17: MassDEP has entered into a Consent Order with a $3,000 Penalty involving Berkshire Asphalt for Underground Storage Tank (UST) violations in Springfield. As a result of multiple MassDEP inspections, it was determined that Berkshire Asphalt was not in compliance with several UST regulations including failure to test the cathodic protection system and failure to conduct a third-party inspection of the UST system.  Under today's Order, Berkshire Asphalt will remove the UST and pay $1,500 with the remaining $1,500 suspended pending compliance with the consent order.

4/3/17: MassDEP entered into a Consent Order with a $26,960 Penalty involving Jamie McGuinness and Sons for Asbestos violations at Washington Street in Jamaica Plain (Boston). Jamie McGuinness and Sons is a demolition contractor who violated regulations relative to a release of asbestos containing material (mastic on the concrete foundation) during the development of property at the aforementioned address.  McGuinness also started demolition work prior to filing a permit with MassDEP. The survey to identify possible asbestos-containing material that was done prior to demolition had cautioned the parties that the mastic was there and needed further sampling before the demolition of the foundation.  In another area of the site, during excavation activities, a pipe was uncovered and broken up, releasing more asbestos-containing material into the environment. Under today's Order, McGuinness will pay $8,700 in accordance with a payment schedule and the remaining $18,260 will be suspended until a year after the final payment and waived if McGuinness has no further violations during that time. After the violations, the material that had been released on the site was abated under a MassDEP-approved non-traditional plan.

4/3/17: MassDEP entered into a Consent Order with a $26,100 Penalty involving Burnett Realty Co., Inc. for Asbestos violations at Washington Street in Jamaica Plain. The survey to identify possible asbestos-containing material that was done prior to demolition had cautioned the parties that the mastic was there and needed further sampling before the demolition of the foundation. In another area of the site, during excavation activities, a pipe was uncovered and broken up, releasing more asbestos-containing material into the environment. Under today's Order, Burnett will pay $1,500 and the remaining $24,600 will be suspended for one year and waived if Burnett has no further violations during that time. After the violations, the material that had been released on the site was abated under a MassDEP-approved non-traditional plan.

4/3/17: MassDEP entered into a Consent Order with a $120,625 Penalty involving Amesbury Heights, LLC for numerous violations on Haverhill Road in Amesbury.  Wetland Protection Act (WPA), Clean Waters Act, Surface Water Discharge Permit Regulations and Water Quality Certification Regulations violations at property on Haverhill Road (known as Amesbury Heights) in Amesbury.  The property is being developed as a 240-apartment complex in five buildings with a club house, pool and parking areas governed by a local wetlands by-law Order of Conditions. On October 25, 2016 MassDEP received a complaint about silt discharging into wetlands and an unnamed perennial stream and flowing approximately 1.5 miles downstream into Bailey's Pond. MassDEP contacted the Amesbury Conservation Commission (ACC). The ACC was already investigating and had discovered the discharge resulted from a storm event overnight on 10/21/16 and 10/22/16, 2016, and was addressing the site attempting to stabilize conditions via a contractor. On 10/28/16 MassDEP was contacted by the ACC reporting that there had been erosion control failures on the property and silt was discharging into wetlands on and off the site and into the unnamed perennial stream, through Bailey's Pond and into the Merrimack River as the result of a storm event beginning the previous night. The ACC requested MassDEP assistance and MassDEP inspected the property that day and confirmed all discharges and violations. The ACC issued a cease and desist Enforcement Order limiting all site work to that which was necessary for the comprehensive stabilization of the property. MassDEP provided technical assistance to the ACC for site stabilization requirements which were subsequently revised via three Amended Enforcement Orders that were implemented. MassDEP found silt deposited from the releases at the property resulted in three areas totaling between 2,500-5,000 square feet of Bordering Vegetated Wetland (BVW) had been filled and altered on 10/21/16. Five areas totaling 21,758 square feet of BVW had been filled and altered on 10/28/16. One area totaling 1,001 square feet of Isolated Vegetated Wetland (IVW) was filled and altered on 10/21/16. Some of the BVW areas impacted are also located in bordering land subject to flooding and riverfront area because they are within 200 feet of the unnamed perennial stream and/or within the FEMA mapped 100-year flood zone. The filling and alteration occurred in violation of multiple conditions of the approval, and over the threshold for needing to have filed an application for a Water Quality Certification. Today's Order contains provisions for restoration of the resources areas (the BVW and IVW) with long-term monitoring in addition to deadlines for BVW and Bank replication authorized by the previous approvals (orders of conditions). Under the terms of today's Order, $60,000 will be paid, and $30,000 will be suspended after one year providing continued compliance, and the remaining $30,625 also suspended upon issuance of a letter signifying return-to-compliance.

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.