3/30/16: MassDEP entered into a Consent Order with Oak Hill Taunton Residents Association, Inc. for Water Pollution Control violations in Taunton. The Association is the owner of a mobile home park that is served by multiple sewage disposal systems where total flow at the property exceeds 15,000 gallons per day. Today's Order establishes timeframes for connection to the municipal sewer system or construction of a groundwater discharge facility.
3/29/16: MassDEP entered into a Consent Order with Villages at Stow Condominium Trust for Water Supply violations in Stow. The Villages at Stow Condominium Trust is the new operator of a public water supply serving the 96-unit condominium complex. Today's Order establishes an enforceable schedule for the Trust to complete necessary upgrades to the system and ensure compliance with Drinking Water Regulations.
3/29/16: MassDEP entered into a Consent Order with NSTAR Gas Company d/b/a Eversource Energy, for Waste Site Cleanup violations in Worcester. Eversource Energy is the responsible party for the cleanup at a former manufactured gas plant at 40 Quinsigamond Avenue in Worcester. The property is undergoing redevelopment as a compressed natural gas facility and is part of a larger effort to invigorate formerly underutilized or abandoned urban areas of the city. During construction, conditions at the site were found to invalidate the conclusions of the company's previously submitted closure report under the Waste Site Cleanup regulations. The necessity of additional response actions to address environmental contamination prompted MassDEP to enter into negotiations with the company, resulting in today's Order. The company has agreed to established new deadlines for completion of assessment and cleanup in conjunction with the on-going property redevelopment.
3/29/16: MassDEP entered into a Consent Order with a $12,070 Penalty involving James and Julia Keller for Solid Waste violations in West Boylston. The Kellers were found to have violated solid waste management program at their residential property without a site assignment. Approximately 370 cubic yards of backfill commingled with bricks, broken concrete, drainage pipes, and plastic had been deposited within the back yard to 491 Prospect Street to raise the grade an average of four feet. The Kellers have agreed to remove and properly dispose of or recycle the fill and solid waste. Prior to removal, they will engage a wetland specialist to delineate the wetland and riverfront resource areas on the property and determine if wetland approvals are needed. The Kellers will restore the yard to its original condition. MassDEP assessed a penalty of $12,070 of which $9,070 will be suspended under MassDEP's Homeowner penalty mitigation policy.
3/24/16: MassDEP entered into a Consent Order with a $1,500 Penalty involving Bialas Custom Interiors, Inc. for Air Quality and Hazardous Waste Management violations in Holyoke. Bialas Custom Interiors, Inc. has agreed to address the violations found during a MassDEP inspection on 7/7/15. MassDEP determined that the company failed to store organic compounds in a manner which would minimize evaporation, failed to notify MassDEP of its hazardous waste generation activity, and disposed of hazardous waste in a solid waste dumpster. Bialas Custom Interiors, Inc., a small business, will pay a $900 penalty, with an additional $600 suspended pending the company's compliance with the terms of the consent agreement.
3/23/16: MassDEP entered into an Amendment to an existing Consent Order with the city of Woburn for Water Pollution Control violations. The two sides previously entered into an Order on 8/10/09, and today's Amendment require additional actions to address infiltration and inflow into the city of Woburn sewer system, which have contributed to sanitary sewer overflows affecting Horn Pond in Woburn, and Vine Brook in Burlington.
3/21/16: MassDEP entered into a Consent Order with Vacation Village in the Berkshires Owners Association, Inc. for Water Supply violations in Hancock. The Association has agreed to address its failure to conduct required water quality monitoring as required during 2015. The Association, a public water system, failed to monitor for volatile organic compounds and nitrates as scheduled and did not sample residences as required for lead and copper monitoring. Today's Order requires appropriate monitoring in 2016 and public notice.
3/17/16: MassDEP issued a Unilateral Order to S&G Associates and a $30,000 Penalty Assessment Notice for failing to complete cleanup response actions at 50 Railroad Avenue in Duxbury. S&G is located in Osterville, Massachusetts and owns the property in Duxbury. S&G failed to conduct comprehensive response actions required at the 50 Railroad Avenue, Duxbury. This failure was detailed in a Notice of Noncompliance that MassDEP issued to S&G in April 2015. The NON also established new deadlines for the completion of required comprehensive response actions. S&G failed to comply with the deadlines established in the NON. S&G also failed to comply with a February 2016 Notice of Enforcement Conference. Therefore, today's Penalty, along with the Order, require the completion of required comprehensive response actions that was issued to S&G.
3/15/16: MassDEP entered into a Consent Order with Beltane Hill LLC for Water Supply violations in Middlefield. Beltane Hill LLC is the owner and operator of Azure Green, a transient non-community public water system in Middlefield. Today's Order is to address required corrective actions that are necessary following confirmation of e.coli bacteria detection in Azure Green's water supply. Under today's Order, the LLC has agreed to a schedule for completing approved corrective actions or installation of 4-log (99.99%) treatment on its source water.
3/14/16: MassDEP entered into a Consent Order with Village Greene Condominium Association for Waste Supply violations in Belchertown. The Village Greene Condominium Association has agreed to address repeated instances of excess total coliform bacteria, and its response to those incidents. Today's Order includes requirements for public notification and installation of a disinfection system on its (Well #7) distribution system.
3/14/16: MassDEP entered into a Consent Order with a $5,750 Penalty involving Country Garden Apartments for Water Pollution Control violations in Southampton. Country Garden Apartments (CGA) is a 60-unit apartment complex with a septic system (Title 5) design flow of 12,870 gallons per day. The site is located in a Nitrogen Sensitive Area. The Order requires CGA to come into compliance with the regulations by obtaining a Groundwater Discharge Permit and constructing a wastewater treatment facility that will meet all the requirements in its permit. The full Penalty is suspended in its entirety provided CGA complies with the requirements of the Order.
3/14/16: MassDEP issued a Unilateral Order to Aquarius Water Company to address Water Supply violations in Belchertown. Aquarius Water Company is the owner and operator of the public water system at Sportshaven Mobile Home Park in Belchertown. Today's Order addresses multiple violations of Massachusetts Drinking Water Regulations as follows: failure to monitor for total coliform bacteria for three months; failure to monitor for nitrate as required; and, failure to comply with the lead/copper rule requirements including consumer notice of individual tap results. In addition, the failure to complete response actions (monitoring, investigation, corrective actions) following an incident in which the action level for copper was exceeded in 2015.
3/14/16: MassDEP issued a Unilateral Order to Klondike Campground for Water Pollution Control violations in Otis. Klondike Campground has a large subsurface sewage disposal system (Title 5). The design flow for Klondike Campground is 14,040 gallons per day. MassDEP previously issued a Notice of Noncompliance (NON) to the Campground to either submit a Title 5 inspection report or conduct a Title 5 Inspection if an inspection had not been completed. The Campground failed to comply with the NON. Today's Order requires the Campground to conduct a Title 5 Inspection by 6/30/16 and submit the results within 30 days of the date of the inspection. Klondike has also been advised of the penalty exposure for failure to comply with the requirements of the regulations, and today's Order.
3/8/16: MassDEP entered into a Consent Order with James Triglia for Waste Site Cleanup violations in Quincy. Triglia is trustee of Jet Trust, which owns 15 Centre Street in Quincy. MassDEP had issued Jet Trust a failure to comply with a Notice of Noncompliance. Today's Order requires the submittal of phase two and three (remedial plan alternatives and selection) by 8/31/16, and a phase four report (implementation) by 11/30/16. A closure statement is due by 9/29/17. The site has been in the system since late the 1980s and this enforcement action will lead to the cleanup of a release of gasoline at the site.
3/2/16: MassDEP entered into a Consent Order with a $59,515 Penalty involving Benevento Asphalt Corp for Air Quality violations in Wilmington. Benevento conducted required compliance emissions testing of their asphalt manufacturing plant, located at 900 Salem Street in Wilmington. Test results indicated it had failed to meet its emission limits for nitrogen oxides (NOx) and carbon monoxide (CO). Benevento created a condition of air pollution, specifically a significant dust nuisance condition in the area and neighborhood adjacent to the Benevento Facility. Benevento then compounded its violations by installing, modifying and operating equipment at its asphalt batching plant prior to obtaining an air quality plan approval from MassDEP Under today's Order, Benevento will pay $25,500 of the Penalty, with $34,015 suspended provided compliance with the terms of the Order. Those terms include, Benevento is required to submit a plan application for the unapproved asphalt manufacturing equipment, implement a dust control plan, and conduct a new compliance emissions test prior within sixty days of MassDEP's issuance of the air plan approval. Benevento must also pay two times the permit application fee of $2,370.
3/2/16: MassDEP entered into an Amendment to a Consent Order with Daryl Holloway, trustee of Blue Hill Avenue II Realty Trust, for Waste Site Cleanup violations at 1366 Blue Hill Avenue in (Mattapan) Boston. The Trust is the owner of the property and today's Amendment requires a phase two (remedial alternatives) report by 6/30/16, a phase three and a four (cleanup) by 9/30/16, and either a Remedy Operation Status report which meets the requirements or a Permanent Solution statement which meets the requirements by 1/30/17. Today's Order also requires payment of $800 of a previously-suspended Penalty.
3/2/16: MassDEP was notified of a decision in Essex Superior Court involving Commonwealth v. Harder. Judge John T. Lu sentenced David Harder of Lynnfield to sixty (60) days in the House of Correction for violating his probation, which had been imposed as a result of a 2012 case. In 2012, Harder pleaded guilty to 17 criminal indictments including failure to notify of Asbestos removal, improper work procedures, illegal storage of waste, failure to pay into the unemployment fund, and false claims. Specific charges included illegal asbestos removal work performed at multiple sites including schools, a library, and a fire station.The case was investigated by the Environmental Strike Force, and other MassDEP staff. In 2012, Harder was sentenced to 30 days in the House of Correction, with three years of probation upon his release. Under the terms of his probation, Harder was barred from working in the environmental remediation business, including the Asbestos abatement business, whether independently or for any company engaged in environmental remediation. In May 2015, MassDEP discovered that Harder had been working on an asbestos abatement project in Dedham on behalf an Asbestos abatement company. MassDEP informed the Attorney General's Office (AGO) of the 2015 violations and worked with AGO investigators and attorneys. MassDEP testified in Court regarding the 2015 violations, during the probation hearing held by the Court.
3/1/16: MassDEP issued a Unilateral Order to A-Plus Waste and Recycling Services, LLC for Solid Waste violations in Middleborough. In response to an on-going noncompliance matter at the site, MassDEP issued today's Order and revoked the General Permit for Composting and effective immediately requiring that they cease and desist accepting any compostable materials. The Order requires A-Plus to continue to monitor thermal temperature of the windrows to prevent combustion and implement all measures necessary to abate, mitigate or eliminate public nuisances. [On 3/4/16, 3/8/16, and 3/18/16, MassDEP detected odors in the neighborhood located in the vicinity of the compost site. MassDEP finds that A-Plus "...caused an un-permitted discharge of pollutants to air and created a public nuisance."] Over the last two months, MassDEP has received more than 100 complaints from residents in Middleborough and Halifax regarding odors from A-Plus. Previously, on 1/19/16, in a Consent Order with Penalty with A-Plus, the facility was required to reduce the size of existing compost windrows within 30 days and cease the acceptance of additional organic material if the size reduction could not be achieved within this compliance deadline. MassDEP inspected the operation on 2/22 and 2/23 and determined that the windrow sizes had not been reduced to the extent required. On 2/24 a Notice of Violation required the acceptance of organic material at the compost site. MassDEP issued a 2nd Notice of Violation on 2/29 in response to re-inspection that determined that one windrow size had not been reduced to the extent required.
3/1/16: MassDEP during the month of March issued 52 Notices of Noncompliance as part of Underground Storage Tank (UST) Enforcement. These UST facility owner/operators have failed to have UST third-party inspections completed by their respective due dates through 1/31/16. The agency gave the offenders 45 days to return to compliance. MassDEP also issued Reporting Penalty Assessment Notices (RPANs) to another 21 UST facility owner/operators for failing to respond to their initial NONs. Those failing to respond 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:
3/1/16: MassDEP entered into an Amendment to a Consent Order with Mountain Grove Association for Water Supply violations in Becket. Mountain Grove Association, based on the results of an investigation of a MCL violation for bacteria at this public water system, is required to submit, or document, in a report and, modify the disinfection requirements.
2/29/16: MassDEP issued 73 Notices of Noncompliance during the month of February for Underground Storage Tank violations. These 73 underground storage tank (UST) facility owner/operators failed to have UST third-party inspections completed by their respective due dates. The agency gave the offenders 30 days to return to compliance. Those of these operators that fail to do so, will be subject to additional enforcement measures, including financial penalties. The 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:
2/29/16: MassDEP entered into a Consent Order with a $6,612 Penalty involving the town of Hardwick for Water Pollution Control violations in Hardwick in connection with permit violations at the Wheelwright Water Pollution Control Facility (WPCF). The Order addresses staffing violations at both of the town's facilities (Wheelwright and Gilbertville). The Order requires the town to evaluate the Wheelwright facility and propose a solution and schedule to correct the violations. The Order also requires the town to staff the facilities with two full-time operators and conduct a staffing analysis to determine whether additional staff members are needed and whether staff duties will include the sewer collection system. The Penalty is suspended in its entirety provided the town complies with the requirements of today's Order.
2/29/16: MassDEP entered into a Consent Orders with Penalties pertaining to Rideshare Regulation Enforcement during the first two months of 2016. The parties include: Middlesex Community College (Bedford and Lowell campuses), Northern Essex Community College (Haverhill), St. Elizabeth's Medical Center (Boston) and PricewaterhouseCoopers LLP (Boston). These Orders are entered into to resolve each entity's failure to file Rideshare Regulation (under 310 CMR 7.16), and further had not filed the annual reports for several years. The facilities agreed to pay penalties totaling roughly $10,000 and to submit, within 30 days, plans outlining their future efforts to comply with Rideshare Regulation annual reporting requirements. More information:
2/29/16: MassDEP issued 20 Notices of Noncompliance during the month of February for Waste Ban Enforcement. The 20 entities include retail stores, restaurants, hospitals and apartment complexes. These entities disposed, or transferred for disposal, various materials subject to the waste disposal bans, including wood and construction debris, cardboard, and other recyclable materials and/or yard wastes. The violators were given 30 days to provide MassDEP with written descriptions of each action taken to correct the violations cited in their NONs, including status reports on their efforts to achieve and/or maintain compliance with the waste ban regulations. More information:
2/26/16: MassDEP concluded Amendments to an existing Consent Order with International EC, LLC, owner of the MacDuffie School a community water system in Granby. The two (2) Amendments were to address a new source at the school and a new deadline for its use, as well as, associated lead-and-copper monitoring for the new source and treatment if necessary. In addition these Amendments address compliance with 2 sufficient groundwater sources or two days storage capacity, tank inspections and water meter installations with new deadlines.
2/25/16: MassDEP entered into a Consent Order with a $15,860 Penalty involving Amy Woods for Wetlands Protection Act violations at 14-16 Lufkin Point Lane in Essex. Woods received two Superseding Orders of Conditions (SOC) in June 2015, allowing for the demolition of existing structures and construction of single-family homes on the two properties. MassDEP received a complaint that construction on projects was taking place in non-compliance with the SOCs. Upon inspection, MassDEP confirmed that the work was in non-compliance with multiple conditions of the SOCs, and that this resulted in unauthorized alteration of resource areas: approximately 40 linear feet of Coastal Bank and 127 square feet of Salt Marsh. Today's Order requires full restoration of both of these wetland resource areas, monitoring and reporting, and compliance with all provisions of the SOCs. Woods will pay $6,000 of the Penalty within 30 days, and the remainder, $9,860, will be suspended on 10/31/18 provided the site is in full compliance.
2/24/16: MassDEP issued a Notice of Violation of an existing Consent Order to A-Plus Waste and Recycling Services, LLC for violations in Middleborough. This facility is a compost operation located at 88 River Street in Middleborough. On 1/19/16, MassDEP entered into a Consent Order that required the compost operation to reduce the size of existing compost windrows within 30 days and cease the acceptance of additional organic material if the size reduction could not be achieved within this compliance deadline. Yet, on 2/22 and 2/23, when MassDEP inspected the operation, it was determined that the windrow sizes had not been reduced to the extent required. Today's Notice of Violation requires the cessation of acceptance of organic material at the compost site.
2/22/16: MassDEP entered into an Administrative Consent Order with an $8,630 Penalty involving Massall, LLC for Waste Site Cleanup violations at 84 Willow Court in Boston (Dorchester). Massall failed to meet the requirements because MassDEP was not notified of contaminated soil on the property within 120 days as required. The release notification states that Massall had knowledge of the release on 6/17/13 and notified MassDEP of lead and polycyclic aromatic hydrocarbons in soil on 3/30/15. Massall LLC will pay $4,200 of the Penalty and MassDEP has agreed to suspend the remaining $4,430. Massall LLC plans to construct six residential units on the property.
2/22/16: MassDEP conducted outreach to local Boards of Health on Forthcoming New Drinking Water Regulations on the Revised Total Coliform Rule (RTCR). MassDEP distributed a letter to local Boards of Health with seasonal public water systems (PWSs) in their municipalities informing them of these new revised total coliform rules that takes effect 4/1/16. The letter and supplemental materials provide information about the start-up and certification procedures that seasonal PWSs are required to perform in order to stay in compliance with state regulations. MassDEP wants Boards of Health to be aware of these requirements since they may also regulate the seasonal PWS start-up procedures. RTCR information is available online at:
2/18/16: MassDEP issued a Unilateral Order to the town of Russell's Board of Water Commissioners for a Water Emergency in Russell. The Declaration of Water Emergency and Boil Water Order pertains to a frozen main at a bridge crossing resulted in a loss of water to several customers. The Order addresses the emergency and the provision of alternate water supply, as well as boil-water requirements (to the limited services affected in the Woronoco area). The actions are taken as a precautionary measure to cover the water system until such time as they return to normal service.
2/17/16: MassDEP entered into a Consent Order with the Massachusetts Department of Transportation for violations of the Wetlands Protection Act on property in the Route 128 right-of-way adjacent to 12 Neptune Place in Gloucester. MassDEP staff - while travelling to another inspection elsewhere - observed that recently there had been an excavation and removal of vegetation within an intermittent stream channel here, within a Bordering Vegetated Wetland (BVW) at this site. This was done with no observable erosion controls in place and the area had been left unstable. Upon later investigation, it was determined that it was MassDOT that was in the process of performing drainage maintenance work within 175 linear feet of a partially vegetated channel, and that this resulted in alteration of approximately 50 linear feet of Bank and up to 2,500 square feet of BVW. The work was performed to address a flooding issue on an abutting residential property. Although MassDOT has requested emergency authorization for the work from the Gloucester Conservation Commission a few months prior, the work was conducted without receiving an Emergency Certification. MassDOT initially performed temporary stabilization of the area with verbal direction from MassDEP. Under today's Order MassDOT is required to do the final stabilization and restoration planting of the site with monitoring and reporting. MassDOT will pay $5,000 of the Penalty, with the remaining $5,000 suspended upon compliance.
2/12/16: MassDEP Commissioner Martin Suuberg issued a Final Decision in the matter of Empire Recycling LLC in Billerica in which he adopted the Recommended Final Decision issued by the Presiding Officer on 1/28/16. This approves an earlier Consent Order between Empire and MassDEP taken in order to resolve solid waste violations at Empire's recycling facility in Billerica. This dismisses Empire's attempt to appeal a Demand for Suspended Penalties issued to Empire for violating a prior Administrative Consent Order with Penalty. MassDEP had issued a Unilateral Administrative Order to Empire in July 2015 for solid waste violations which Empire appealed. As part of the appeal of that Order, Empire also attempted to appeal a Demand for Suspended Penalties that MassDEP issued to it in July 2015 for violating an earlier Consent Order. The Recommended Final Decision today, found that the parties freely entered into the prior Consent Order which had clear terms that should Empire commit violations, then a suspended portion of the penalty would be due. Empire did not dispute that it had violated the prior Consent Order, only that Empire could not pay the demanded penalty due to changed circumstances. During the proceedings, Empire closed its business and removed the illegal solid waste from the facility. The Consent Order approved by the Commissioner requires Empire to notify MassDEP if Empire should ever reopen a recycling facility.
2/12/16: MassDEP issued a Unilateral Order to Three Rivers Fire District in Palmer to address water supply violations involving corrosion control treatment for copper and the District's failure to complete certain actions in timely manner following this incident. Requirements include removing a source without treatment from use, repair of corrosion control system pump, completing required actions (which PWS had begun) and completing public notice.
2/12/16: MassDEP issued a Unilateral Order to Greg Everson d/b/a Granby Septic for Water Pollution Control violations in Granby. The Order to Greg Everson d/b/a Granby Septic, directs him to remove a tank installed in the ground and used by Granby Septic for the temporary holding of septage at 59 Crescent Street, Granby. This tank is in noncompliance with 310 CMR 15.504(2) of Title 5 regulations.
2/12/16: MassDEP issued a Unilateral Order to Justin and Sabrina Obremski for Water Pollution Control violations in Granby. Justin and Sabrina Obremski are the owners of the property at 59 Crescent Street, Granby where MassDEP has directed for the removal of a tank installed in the ground, and the holding of septage in noncompliance with 310 CMR 15.504(2) of Title 5 regulations.
2/10/16: MassDEP executed a Consent Order with a $14,380 Penalty involving Windover Elm Street Properties, LLC, for Waste Site Cleanup violations in Manchester by the Sea. Specifically, the violations pertain to the failure to submit a Release Abatement Measures plan, prior to conducting response actions and failure to notify MassDEP of an earlier release. This release constituted a 2-hour notification that could pose an Imminent Hazard Condition. Windover Elm Street Properties, LLC will pay $4,500 of the Penalty with the remainder, $9,880, suspended pending the company's compliance.
2/10/16: MassDEP entered into a Consent Order with Ronald Messenger d/b/a Twin Brook Camping Area for Water Supply violations in Tolland. Twin Brook Camping Area must address compliance with Ground Water Rule, and this requires the completion of corrective actions or installing 4-log treatment of viruses (99.99%) following the detection of e.coli bacteria in one of the public water system sources.
2/9/16: MassDEP issued a Tier 1 Public Notice to Gleason Public Library, 66 Westford St., Carlisle. The Tier 1 public notice was in response to nitrate levels exceeding the maximum contaminant level. Since this may pose an unacceptable risk to consumers, specifically infants under 6 months of age, this facility will be required to post public notice. The respondent has agreed to post signs stating the required information per the EPA guidelines and will disconnect the drinking water fountains. The respondent has also been instructed to identify potential causes of the elevated nitrate as well as look into treatment options.
2/5/16: MassDEP was notified by the Massachusetts Attorney General's Office that a joint motion had been filed in Suffolk Superior Court in the case involving Mattuchio Construction Co. for violations at the Battye Site in Methuen. The motion is to approve a consent judgment that was entered in and allowed by Suffolk Superior Court Judge Ames for Mattuchio, an excavation and construction business based in Malden. They will pay $72,000 to settle claims by the AGO and MassDEP that Mattuchio illegally dumped multiple loads of construction and demolition waste at an un-permitted site in Methuen (the Battye Site). The total payment of $72,000 includes a $67,000 payment in installments into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site, with $7,000 of that waived if payments are made timely; along with a $5,000 civil penalty. The settlement also prohibits Mattuchio from unlawfully handling, storing or disposing of construction and demolition waste or other solid waste. This Consent Judgment arises from an enforcement case developed by MassDEP's Solid Waste, Asbestos and Wetlands and Office of General Counsel.
2/5/16: MassDEP issued a Unilateral Order to Granby Junior and Senior High and East Meadow Schools for Water Supply violations in Granby. These Orders are to address a failure of its corrosion-control treatment, failure to submit associated reports, failure to complete required monitoring in 2015 (missing monitoring included lead and copper, bacteria and volatile organic compounds) and the lack of operator coverage for a portion of 2015. Response requirements included follow-up actions due to the incidents of elevated lead, which reached the 'action level'. Further requirements include public notice and public education, monitoring for volatile organic compounds, and routine monitoring for bacteria, monitoring on a weekly basis at selected sites for lead and copper, submittal of weekly reports on treatment operation and obtaining the required operator coverage with approval of MassDEP. The requirements also include the collection of the next rounds of required 20 samples twice in 2016.
2/3/16: MassDEP entered into a Consent Order with Bodwell Street Trust in for Waste Site Cleanup violations in Avon. The violations of the Massachusetts Contingency Plan requires the Trust to correct the violations as has already been identified by a permanent solution statement with conditions filed with the MassDEP on 12/23/2014.
2/3/16: MassDEP entered into a Consent Order with a $6,610 Penalty involving North Attleborough for Water Pollution Control violations, specifically, the illegal discharge of sewage onto the ground surface at the North Attleborough wastewater treatment plant. Today's Order ensures future compliance with the surface water discharge regulations and the operation and maintenance and pretreatment standards for wastewater treatment works and indirect discharges. The town will pay $1,653 within 30 days, and the town will also complete a Supplemental Environmental Project (SEP). Under the SEP, the town will purchase a portable containment tank suitable for the temporary storage of wastewater and applicable appurtenances including the equipment necessary to appropriately drain the tank as well as engage the services of a contractor to develop and implement spill prevention and control training. The value of the SEP shall be $4,957 at a minimum. If the SEP totals less than $4,957, the remaining balance shall be paid to the Commonwealth.
2/2/16: MassDEP entered into a Consent Order with a $3,880 Penalty involving Western Mass Demolition Corporation for Air Quality violations at a job site in Holyoke. Western Mass Demolition, of Westfield, was operating under a MassDEP-issued non-traditional Asbestos abatement work practice permit when the violations were observed. Western Mass Demolition Corporation violated the permit by causing a condition which contributed to air pollution during demolition operations at 30 John Street in Holyoke. Western Mass Demolition Corporation initiated corrective actions once informed of the violations that had been observed. Western Mass Demolition Corporation will pay $1,000 of the Penalty with an additional $2,880 suspended pending compliance with the terms of the settlement agreement.
2/2/16: MassDEP issued a Notice of Noncompliance to Carver Middle High School Stoughton. The public water system failed to perform follow up actions associated with having triggered 'action level' requirements under the Lead & Copper Rule (LCR). The NON requires immediate notification to customers (students, staff and parents) of the sampling results, delivery of public education materials, public notification, water quality parameter sampling and corrosion control treatment optimization. As a precaution, the school is voluntarily providing bottled water to students and staff and has removed the sample sites with lead from service.
2/2/16: MassDEP issued a Notice of Noncompliance to the Dennett Elementary School in Plympton. The Dennett Elementary School failed to perform follow up actions associated with instances in which the 'action level' had been met under the Lead & Copper Rule (LCR). Today's NON requires delivery of public education materials, water quality parameter sampling and evaluating the installation of corrosion control treatment. Because of prior elevated levels of manganese, the school has already been voluntarily providing bottled water to students and staff and will continue to do so.
2/1/16: MassDEP issued a $250 Penalty Assessment Notice to Nicholas Southwick-Hall for Air Quality violations in Belchertown. Southwick-Hall was issued the Penalty relative to an illegal bonfire at his residence. The bonfire required two dispatches from the Belchertown Fire Department and was largely fueled by furniture and demolition wood.
1/29/16: MassDEP entered into a Consent Order with a $9,400 Penalty involving Denis LaFleur for Wetlands Protection Act violations in Granby. LaFleur - d/b/a Happy Days Family Fun Spot - has agreed under today's Order to address the violations which the result of the alteration of approximately 4,200 square feet of bordering vegetated wetlands. The location where this occurred offers a 'driving range' a 'mini-golf' and refreshments/comestibles. LaFleur will pay $2,400 and $7,000 is suspended provided LaFleur retains a wetlands consultant and provides the mitigation required by today's Order.
1/29/16: MassDEP entered into a Consent Order with a $7,000 Penalty involving Vincent Nocito for Waste Site Cleanup violations at 443 Washington Street in Boston (Dorchester). Specifically, Nocito failed to submit a tier classification and the requisite phase one assessment report for the cleanup of this property within the applicable timeframe set forth in the regulations. Under today's Order, Nocito has agreed to submit the phase one, and tier classification, and to perform other response actions in accordance with a schedule. Nocito agreed to pay the Penalty in the amount $7,000, but the need to conduct additional response actions led MassDEP to suspend the payment in its entirety, provided the respondent does not violate any provision of today's Order.
1/26/16: MassDEP entered into a Consent Order with Adams Fire District for Water Supply violations in Adams. Adams Fire District must address repeated instances in which the maximum contaminant level for total coliform was exceeded within its public water system. Today's Order includes response actions, including disinfection, should multiple detections of total coliform occur within the next twelve months.
1/25/16: MassDEP entered into a Consent Order with a $17,250 Penalty involving Eastern Avenue Holdings LLC, for Waste Site Cleanup violations. Eastern Avenue Holdings is the owner of the property at 2 Fifth Street in Peabody. Specifically, violations were for removal of remediation waste from Bellingham Street in Chelsea and dumping, stockpiling and spreading of the remediation at 2 Fifth Street in Peabody in violation of existing Waste Site Cleanup regulations. Today's Order requires a permanent solution statement for the clean-up of 2 Fifth Street in Peabody and the investigation of the Bellingham Street in Chelsea site. Today's Order contains a $17,250 penalty with $2,500 payable and $14,750 suspended and a stipulated penalty provision for any missed deadlines.
1/25/16: MassDEP entered into a Consent Order with a $51,937.50 Penalty involving MLC Worcester LLC for Asbestos violations in Worcester. Violations occurred during renovation of a multi-family residence in Worcester. Under the terms of the settlement, MLC Worcester LLC will pay $10,000 with the remaining $41,937.50 suspended provided the company has no further violations for one year. The violations were initially discovered during a January 2014 inspection by MassDEP staff members who were following up on a complaint of an improper removal. MassDEP found pieces of Asbestos-pipe insulation in a pile of demolition/renovation debris in the yard of the property and also lying uncontained on the basement floor. MassDEP required MLC Worcester LLC to retain a DLS licensed asbestos contractor to properly package and dispose of the pile as asbestos containing waste material and to clean and decontaminate the basement.
1/25/16: MassDEP entered into a Consent Order with a $5,750 Penalty involving TLB Inc. with Air Quality violations in Williamsburg. TLB, Inc. is a Michigan based company that manufactures and sells outdoor hydronic heater. The violations were identified during a MassDEP inspection of CRD Metalworks, LLC, where MassDEP ascertained that the facility had installed and operated an uncertified outdoor hydronic heater. The uncertified outdoor hydronic heater was sold to CRD Metalworks by TLB, Inc. As part of the settlement agreement, TLB, Inc. will pay a penalty of $3,000. An additional $2,750 will be suspended pending the company's compliance with the terms of the agreement.
1/22/16: MassDEP, working with the Massachusetts Attorney General's Office, were successful in obtaining a Consent Judgment with a $50,000 Penalty involving Sudbury Pines Extended Care for Wastewater Treatment violations in Sudbury. The case involved the Henderson House of Sudbury Realty Trust and Sudbury Pines Extended Care Facility, Inc., and Henderson Houses of America, Inc. - collectively referred to as "Sudbury Pines". The violations were at Sudbury Pines Extended Care facility, a nursing home and children's day care, located in Sudbury. MassDEP and Sudbury Pines entered into a Consent Order back in May 2011 that required Sudbury Pines to construct a new wastewater treatment plant by June 2013. Sudbury Pines has violated that Order by not constructing the wastewater treatment plant. Continued operation of the facility's existing and illegal septic systems has resulted in the discharge of pollutants into the waters of the Commonwealth, leading to MassDEP issuing a Unilateral Order against Sudbury Pines in January 2014. Today's Consent Judgment requires Sudbury Pines to obtain written approval of the final system design plan on or before 3/1/16 and to commence construction of the approved wastewater treatment plant on or before 5/1/16, and to complete construction of the plant by 12/1/16, and the construction of an additional soil absorption system capacity by 12/31/16. Sudbury Pines is also required to pay a $50,000 penalty.
1/20/16: MassDEP entered into a Consent Order with a $5,692 Penalty involving L&L Property Services, LLC for Waste Site Cleanup violations in Wilbraham. L&:L, a West Springfield-based landscaping company, failed to notify MassDEP of a sudden release of greater than 10 gallons of hydraulic fluid. On 5/25/15 at 2:12 PM, MassDEP was notified of the hydraulic fluid spill by a tenant of a large commercial shopping plaza at 2001 Boston Road in Wilbraham. The spill impacted the paved parking lot, access roadway to the plaza, and state and municipal roadways in the vicinity of the plaza. The party who caused the spill was not known at that time. An emergency response contractor was retained to remediate the spill. MassDEP subsequently determined that an L&L employee had utilized a street sweeper to clean parking lots early that morning, and a hydraulic release from the sweeper had most likely occurred at 5:30 AM. When contacted by MassDEP, L&L was fully cooperative and arranged for submittal of cleanup documentation to close out the spill. L&L also re-trained staff on responding to emergencies and spills of oil prior to meeting with MassDEP at the enforcement conference. Under today's Order, L&L will pay $500 of the Penalty. MassDEP has agreed to suspend the balance provided L&L fully complies with the terms of the Order and submits written documentation of the employee training program.
1/15/16: MassDEP entered into a Consent Order with a $13,945 Penalty involving ExxonMobil Oil Corporation for Waste Site Cleanup violations at 735 Washington Street in Boston (Dorchester). ExxonMobil as a potentially responsible party for the property was in violation for the application of remedial additives without MassDEP's approval. The company failed to conduct downgradient monitoring, in violation of the applicable regulations. Today's Order requires payment of $10,000 and $3,945 suspended and a stipulated penalty provision for any missed deadlines.
1/15/16: MassDEP issued 14 Notices of Noncompliance to various entities for Waste Ban violations. These entities - including retail stores, restaurants, hospitals, waste haulers and other companies - had been found to violate the waste ban for disposing or transferring for disposal various materials subject to waste disposal bans. Among the items banned from disposal at landfills/incinerators including wood and construction debris, cardboard, and other recyclable materials and/or yard wastes. The violators were given 30 days to provide MassDEP with written descriptions of each action taken to correct the violations. The actions they must take include status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information:
1/15/16: MassDEP issued 96 Notices of Noncompliance for Underground Storage Tank (UST) violations. The entities are UST-facility owner/operators, who have failed to have UST third-party inspections completed by their respective due dates through 10/31/15. The agency this month gave the offenders 45 days to return to compliance. Those owners/operators who fail to do so will be subject to additional enforcement measures which include 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 and provide advice to their clients about compliance issues, but are not authorized to enforce laws and regulations. More information:
1/13/16: MassDEP issued a Unilateral Order to King Fisher Company for Solid Waste violations in Dartmouth. Today's Cease Order was issued King Fisher Corp. for their accepting solid waste at this site without valid site assignment and handling the solid waste and creating an unacceptable area of solid waste. Today's Order requires that King Fisher immediately cease accepting solid waste, implement measures to prevent emissions of offensive odors and/or nuisance conditions, discharges of pollutants to the environment and within 30 days, submit a plan to MassDEP detailing proper management of solid waste at the site. King Fisher Corp., a private agricultural operation, is located in Dartmouth and holds an Agricultural Composting Registration with the Department of Agricultural Resources for composting operation. The registration will expire on 3/31/16.
1/12/16: MassDEP entered into an Amendment to an existing Consent Order with Hardwick Elementary School for Water Supply violations in Hardwick. The Amendment will address October and November 2015 instances of total coliform rule violations. The investigation of the violations resulted in the discovery of issues related to the system's storage tank, which were addressed by the school. As a result of those actions, existing requirements in the existing Order required today's amendment.
1/6/16: MassDEP issued a Tier 1 Public Notice for Water Supply violations in Hamilton Water Department. MassDEP required the Tier 1 public notice in accordance with the Ground Water Rule. E. coli was detected in the raw (untreated) water from the town of Hamilton's School Street Well in a sample collected on 1/4/16. Correspondent bacteria was not detected - present - in the treated well water. Although the well is chlorinated, MassDEP has not certified the well as having sufficient chlorination and contact time to achieve 4-log treatment (99.99% free) of viruses, so the Ground Water Rule was triggered. The town was required to issue Public Notice within 24 hours of receiving the sample result, and had to collect five additional samples of the raw well water. The well is not used much by the town during the winter. The well was turned on briefly on 1/4/16 to collect samples of the raw and treated water. MassDEP did not require the Tier 1 public notice to be a Boil Water Order, because of the brief use of the well, the shutdown of the well immediately following sample collection, and the provision of chlorination during the use of the well. If E. coli is detected in any of the five additional samples, the town will have to either identify/correct any deficiencies that caused the bacterial contamination, or improve treatment so that it achieves MassDEP certification for 4-log (99.99%) virus inactivation.
1/5/16: MassDEP entered into a Consent Order with a $6,616 Penalty involving Aggregate Industries Northeast Region for Air Quality and Hazardous Waste Management violations in Wrentham. MassDEP inspected the facility and found during its review that the equipment and management/operational processes were out of compliance and needed to be addressed to improve control of fugitive dust. The company has taken steps to bring the facility back into compliance. The company will also pay the $6,616 Penalty in full.