February 2014

2/28/14: MassDEP entered into a Consent Order with a $30,000 Penalty involving 28 Andover Street LLC for Waste Site Cleanup violations at 28 Andover Street in Andover. Specifically, the violations were due to the respondent's failure to meet deadlines set out in a previous MassDEP Consent Order as executed on 7/5/12.  Today's Consent Order requires a tier two extension submittal, a phase four remedy implementation status report by 2/28/14 and a final response action outcome statement by 12/31/15. The respondent will pay $6,000 of the Penalty with the remaining $24,000 suspended with a stipulated penalty provision for any missed deadlines.

2/28/14: MassDEP entered into a Consent Order with Gellar's Auto Repair, 506 State Road in Plymouth. MassDEP entered into a Consent Order with the individuals that own Gellar's Auto Repair (a former gas station) at 506 State Road, Plymouth, from which there had been a release of oil and hazardous materials. In June 2012, MassDEP issued the respondents a notice of noncompliance (NON) for having failed to complete the response actions that were established in the Consent Order in a timely manner. The respondent had requested additional time in which to comply with the NON and then requested technical assistance from MassDEP. Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should the respondent fail to comply.

2/28/14: MassDEP entered into a Consent Order with a $15,000 Penalty involving 7-131/2 Nantasket Avenue in Hull from which there has been a release of oil and hazardous materials. In April 2012, MassDEP issued the respondent a notice of noncompliance (NON) for having failed to complete the response actions that were established in the NON and in a timely manner. The respondent did not comply or respond to the NON. Today's Order establishes negotiated timelines for completion of work at the site and contains a $15,000 penalty for failing to respond to MassDEP's original NON.

2/27/14: MassDEP entered into a Consent Order with an $18,700 Penalty involving Brewer Plymouth Marine for Chapter 91 Waterways violations at this facility which included the unauthorized placement of floats and a floating breakwater, and the construction of boat racks and building expansion located within an area of historically filled tidelands. Today's Order requires the marina to submit a new Chapter 91 License Application to bring the entire facility into compliance. Today's also requires the marina to do improvements which will enhance public access to and along the waterfront will also pay $18,700 to be paid within 30 days and $18,700 suspended pending compliance.

2/26/14: MassDEP entered into a Consent Order with Dan D'Arcy for Water Supply violations in Granby.  D'Arcy operates an unregistered public water system at the 47-49 West State Street in Granby.  This represents a violation of the Massachusetts Drinking Water Regulations. Today's Order includes the required steps to take to bring the facility into compliance, including registration, operator, water quality monitoring, Emergency Response Planning, source evaluation and modifications, source protection and water quantity limitation requirements.

2/25/14: MassDEP entered into a Consent Order with a $7,400 Penalty involving Virginia Carrolo for Waste Site Cleanup violations at 307 Center Street in Ludlow. Today's Order was due to the failure to comply with a Notice of Noncompliance which requires submittal of status reports for the site's active sub-slab depressurization system (SSDS)?  The SSDS is operated here along with a portion of which is currently operating as Carmon Cleaners. The SSDS is being operated to control chlorinated volatile organic compound (CVOC) vapors from entering the building. An historic release of CVOCs resulted from solvent spills at the site from past operations. Under today's Order, the entire Penalty of $7,400 is suspended, but requires that Carrolo continue to operate the existing SSDS and submit status reports every six months. The Order also requires that additional assessment of indoor air be conducted in the two remaining commercial spaces within the site building.

2/25/14: MassDEP issued a Demand for $145 Penalty to Glacier Water Services, Inc., in Northampton.  MassDEP issued a demand for payment of the suspended penalty, specifically due to the respondent's failure to complete its public notification requirement and for its failure to monitor and report chlorine residuals. Both of these represent violations of a previous agreement spelled out in a Consent Order with MassDEP.

2/25/14: MassDEP was notified that Suffolk Superior Court had issued a temporary restraining order (TRO) to David Padellaro/Merrimack Street Redevelopment Authority LLC in Lawrence. The company owns the former Merrimac Paper site. Today's TRO was issued to Padellaro prohibiting him from conducting illegal demolition and metal salvaging that releases asbestos at the property with the exception of a MassDEP approved plan to finish demolition work at the fire-damaged buildings, in accordance with asbestos, waste cleanup, and hazardous materials laws, as ordered by the City of Lawrence.  On 2/25/14, the judge granted the Attorney General Martha Coakley's office a motion for a preliminary injunction for the same activity and motion to attach any non-exempt real or personal property that Padellaro may have in order to prevent Padellaro from transferring assets that may be used to pay for the court ordered demolition activities.

2/25/14: MassDEP reached a Final Settlement Agreement with a $995 Penalty involving Edward Leahy for Water Supply violations in Holden. Edward Leahy of Holden has agreed to correct the violations of the Title 5 Water Pollution Control regulations. MassDEP personnel determined that Leahy performed at least twenty-one (21) inspection of Title 5 (septic system) inspections after his certification as a Title 5 system inspector had lapsed. Today's Order requires Leahy to cease and desist from performing any further inspections that require approval as an approved Title 5 System Inspector until he attends training and passes a standard examination prepared and administered by MassDEP or one of its authorized agents and pay the $995 Penalty. This action will ensure the public is served by professionals who bear current valid certification.

2/24/14: MassDEP issued Notices of Noncompliance to forty-two (42) owners and/or operators of Underground Storage Tanks (UST0 in the Commonwealth. The respondents failed to have UST third-party inspections completed by their
respective due dates (through 8/31/13).  MassDEP had given the offenders forty-five (45) days to return to compliance. The offenders who failed to do so will now be subject to additional enforcement, including financial penalties. UST facility owner/operators are required to have their tank systems inspected every three years by MassDEP-approved third-party Inspectors (TPIs) who are hired by the UST owners. TPIs report their findings to the agency. While they provide advice to their clients about compliance issues, but TPIs are not authorized to enforce laws and regulations. More information: UST TPI 

2/21/14: MassDEP entered into a Consent Order with a $24,000 Penalty involving Hull Forest Lands, LP, for Wetlands violations in Williamsburg. The company's violations were related to the expansion of a gravel pit into the riverfront area on Hull's property in Williamsburg. A review of MassGIS aerial photographs revealed that a gravel pit at this site had been expanded into the riverfront area of the Mill  River and Rogers Brook (which are cold water fisheries).  Site activities also involved the clearing of vegetation and excavation of soil within approximately one acre of riverfront area. Upon learning of the violation, Hull has developed a detailed restoration plan and worked with MassDEP to reach a resolution that provides for the full restoration of the impacted riverfront area in spring 2014 and payment of $13,800 with the remaining $10,200 suspended contingent upon Hull's compliance with the requirements of the Order.

2/21/14: MassDEP issued a Unilateral Order to Grapevine Grill for Water Supply violations in Belchertown.  Upon notification from this public water supply's laboratory that the public water supplier had sample results that showed nitrate levels collected for the first quarter of 2014 had exceeded the drinking water standard. Today's Order was issued to address immediate actions, including public notice, confirmation sampling (PWS had already arranged for this) and additional investigation, and the necessary corrective actions. The public notice requires notice to ensure that water is not provided to infants six months of age or younger (0-6 months old).

2/21/14: MassDEP entered into a Consent Order with a $6,035 Penalty involving SP Machine, Inc. d/b/a Tessier Machine Company, Inc, in Hudson for Hazardous Waste Management violations. The company accumulated hazardous waste in excess of timeframes allowed under its registered status and failed to comply with other requirements. Today's Order requires the company to comply with applicable regulations and pay the $6,055 Penalty.

2/21/14: MassDEP entered into a Consent Order with a $5,678 Penalty involving Whitewater, Inc. for Ground Water and Surface Water Discharge violations in Acton. The violations occurred at the North Acton Treatment Corporation's wastewater treatment operation in Acton.  Whitewater, Inc. is the contract operator. MassDEP personnel inspected a pump station at the facility in response to a call by Whitewater, Inc., to report a sanitary sewer overflow (SSO). The inspection revealed a malfunction at the pump station, and the pump station had an inadequate alarm system. Whitewater, Inc. determined that the malfunction was due to employee misconduct and corrected the problem quickly. Today's Order requires Whitewater, Inc. to inspect all pump stations at wastewater facilities it has under contract, and report any deficiencies to the pump station owner and MassDEP for corrective action, and to develop and submit to MassDEP for review and approval, a Standard Operating Procedure for inspection of the other pump stations, and it will include a log sheet and checklist for inspectors. This action will result in the proper treatment of 5,000 gallons of wastewater
per day.

2/20/14: MassDEP entered into a Consent Order with E. C. Realty Trust for Water Supply violations in Ashby.  Today's Order contains an enforceable schedule to provide an approved public water supply system - a transient non-community public water system -  to serve the Route 31 Store, located on Fitchburg State Road in Ashby.  In order to operate the public water system, the owner is required to operate the on-site well that supplies water to the store in accordance with all the requirements for a PWS which includes: hiring a certified operator; metering of water usage; developing a coliform sampling plan; completing cross-connection requirements; carrying out monitoring requirements; carrying out upgrades as identified; submitting permit applications as identified; and developing an Emergency Response Plan. This action will ensure that anyone served by this PWS will receive water that is safe and fit to drink.

2/19/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Waste Water Environmental Management, Inc. of Chelmsford for Water Pollution Control violations.  The company failed to resolve wastewater violations that occurred at Woodlands Village at Hickory Hills Lake Condominium's wastewater treatment facility in Lunenburg. Waste Water Environmental Management is the contract operator at this facility.  MassDEP inspected the condominium's facility and found that the plant was not being correctly operated and maintained by the company. Evidence of sewage breakout onto the ground was observed due to poorly maintained equipment at the facility. Plans and an operation and maintenance manual for the facility were not present on site as required by the permit. Under today's Order, the company has agreed to develop a checklist for all components of the facility's operation and maintenance and to keep a copy of that checklist on-site. The company has also agreed to provide similar compliance sampling schedule for all The other facilities it has under contract, and to allow MassDEP the opportunity to inspect, and sample those operations.  MassDEP will ensure that documentation, plans and O&M manuals are on-site and that adequate staffing exists at all these other facilities that the company has under contract   The company will pay a $3,000, and today's agreement will result in the proper treatment of 12,500 gallons of wastewater per day.

2/18/14: MassDEP entered into a Consent Order with a $1,000 Penalty involving James DeOrsey, Jr. for Waste Site Cleanup violations in Grafton.  DeOrsey failed to meet deadlines for cleanup response actions at DeOrsey's Garage in Grafton. MassDEP was notified of a release of gasoline from an underground storage tank at this facility in 1997 and the contamination was later classified as a tier two cleanup site in 1998.  None of the following was submitted however: a phase two assessment, remedy alternatives, a remedy implementation and a final response action outcome. In January 2013, MassDEP accepted DeOrsey's assertion of financial inability status.  Today's Order establishes a schedule and requires DeOrsey to complete response actions upon expiration of financial inability status. A $1,000 penalty is suspended pending completion of response actions in accordance with today's Order.

2/1714: MassDEP was notified of results in Worcester District Court involving James Dias who was charged with illegal dumping of Solid Waste in Bellingham.  The case was pursued by the Bellingham Police, Worcester County District Attorney's Office and MassDEP's Environmental Strike Force (ESF).  The Worcester County District Attorney, working with the Bellingham Police and ESF. Dias of Milford was arrested for illegal disposal of solid waste and entered a plea of sufficient facts for a finding of guilty in Milford District Court. Dias was fined $5,000 and placed on four years probation. In addition, the truck used in the dumping was impounded and forfeited and Dias is required to obtain and maintain full-time documented employment as condition of probation. Bellingham Police began an investigation after receiving a complaint that large quantities of solid waste had been dumped along a power line right-of-way. They contacted the ESF who installed several remote covert cameras at the site. The cameras captured a license plate and a man, later identified as Dias, emptying solid waste from his truck. Bellingham police staked out the dump site the next day and arrested Dias with a truckload of solid waste. The property owner contracted with a private company to remove and properly dispose of over 50 tons of solid waste.

2/14/14: MassDEP entered into a Consent Order with a $5,908 Penalty involving Pharmasol Corporation for Hazardous Waste Management violations in Easton. MassDEP had already issued a Notice of Noncompliance to Pharmasol Corporation, on 8/14/13 for the facility located at 1 Norfolk Avenue in Easton. At that time, MassDEP personnel conducted a multimedia inspection of Pharmasol Corporation and cited repeat class two violations relative to the facility's hazardous waste management.

2/11/14:  MassDEP entered into a Consent Order with a $4,867 Penalty involving A-Plus Waste & Recycling Services, LLC, Middleborough for Solid Waste violations.The company specifically violated the former regulation that governed leaf and yard waste composting. A-Plus Waste & Recycling Services, handled compost materials in such a manner as to cause off-site nuisance odor conditions, an unpermitted discharge to the air. A-Plus Waste & Recycling Services, LLC has been assessed a penalty in the amount of $4,867.

2/11/14: MassDEP issued a Unilateral Order to Herring Cove Condominiums Trust (HCCT) for Water Supply violations in Plymouth.  MassDEP issued a Unilateral Do Not Drink Order for the public water supplier due to an elevated level of perchlorate in the drinking water supply of HCCT. Today's Order applies only to the sensitive population, pregnant women, nursing mothers, infants, children up to the age of 12, and individuals with hypothyroidism. These groups should not consume drinking water containing concentrations of perchlorate that exceed the maximum contaminant level of 2.0 parts per billion (ppb).  The measured concentration was 3.2 ppb. On February 8, MassDEP verbally informed HCCT to take corrective action, and notify its consumers, HCCT immediately gave public notice to all residents MassDEP will work with the system to investigate the source and mitigate the impacts. HCCT currently has 5 out of 15 units occupied and no individuals of the sensitive population were identified. HCCT will provide bottled water to the sensitive population if discovered. The area is also served by numerous private wells and notice was given to the local board of health. MassDEP will work with the system to investigate the source and mitigate the impacts. 

2/10/14: MassDEP entered into a Consent Order with a $1,500 Penalty involving Charles A. Parlee and Jeanne L. Parlee for Wetlands violations at 4 Proctor Road in Chelmsford.  The respondents own the property at 4 Proctor Road in
Chelmsford. In response to a complaint, MassDEP inspected the property, conducted soils sampling, and in association with the Chelmsford Conservation Commission agent, determined approximately 22,000 square feet of bordering
vegetated wetlands (BVW) had been filled.  Today's Order requires payment of the $1,500 Penalty and further that a total of 34,200 square feet of BVW will be restored and/or replicated on the property and done under long-term monitoring and reporting requirements.

2/7/14: MassDEP entered into a Consent Order with a $23,000 Penalty involving Easton MHC, LLC for Groundwater violations in Easton. Easton MHC, LLC was cited for failing to comply with an existing Order and for violating the same regulations. Easton MHC, LLC is the owner of a 122 unit manufactured home community in Easton which is served by a permitted wastewater treatment facility. Easton MHC LLC violated the Department's discharge permit regulations and the terms of its groundwater discharge permit by exceeding effluent flow limits, failing to contain effluent within the leaching field and failing to properly operate and maintain the treatment works. Today's Order requires Easton MHC to implement the corrective measures identified in an Infiltration & Inflow investigation. The investigation has already revealed there are numerous deficiencies in the sewage collection system which allow groundwater and storm water to enter the system and cause an excess flow along with breakouts at the leaching field. Easton MHC, LLC will pay $11,500 of the Penalty with the remaining $11,500 suspended contingent upon compliance with today's Order.

2/7/14: MassDEP entered into a Consent Order with Susan and Gene Kosinski of  Westfield for Water Supply violations.  Susan and Gene Kosinski are the owners of Kosinski Farm, which serves as a transient non-community public water system. Today's Order was due to repeated elevated levels of total coliform (bacteria) that exceeded the maximum contaminant level at the Kosinski Farm public water system.  Today's Order includes the necessary response actions in the event that there are multiple detections of total coliform within the next twelve months.

2/7/14:  MassDEP entered into a Consent Order with the town of Williamsburg for Water Supply violations concerning its community public water system. Today's Order addresses the repeated incidents in which elevated levels of total coliform (bacteria) exceeded the maximum contaminant level at the Williamsburg Water Department, which is a public water system. Today's Order includes directions regarding its temporary disinfection treatment, and further response actions if MassDEP allows the removal of the disinfection treatment and multiple detections then re-occurred within the following twelve months.  

2/4/14:  MassDEP was notified by the Massachusetts Attorney General Martha Coakley's Office that a Consent Agreement with a $125,000 Penalty had been reached involving Allied Recycling Inc, & Recycling Walpole LLC, for environmental violations. Allied is located at 1901 Main Street in Walpole. The site was originally inspected by MassDEP in 2009 under the Department's Wetland Change Initiative.  The complaint identified and alleges that 62,760 square feet of bordering vegetated wetlands and 176 linear feet of bank had been altered since 1988 and these altered wetlands were also subject to conservation restrictions. Under the consent judgment, Allied must restore and/or replicate 72,793 square feet of BVW. The complaint also alleges that Allied received construction and demolition waste and wood waste without a permit and failed to properly dispose of materials containing Asbestos. The consent judgment requires Allied to assess the historic and recent solid waste at the site and develop and submit to MassDEP a Solid /Special Waste characterization protocol to properly dispose of the solid and asbestos-containing waste, and correct any handling,storage or reporting of oil or hazardous waste materials at the site. A $100,000 Penalty will be paid, with $25,000 suspended upon full compliance with terms of the agreement. This case's settlement was achieved through partnership among MassDEP and the Massachusetts Attorney General's Office.

2/4/14: MassDEP entered into a Consent Order with a $30,860 Penalty involving Lord Jeffery Apartments (LJA) in Belchertown.  The owners of LJA, Herbert G. Berezin and Gerard F. Doherty, failed to address violations related to a release of oil in 2006 that impacted soil, groundwater and wetlands. This entity repeatedly failed to meet deadlines for assessment and cleanup of an oil spill at the apartment complex, and further that there was failure to meet the applicable performance standards as outlined in the remedy implementation plan that had been submitted in March 2013. LJA will pay $10,000 of the $30,860 Penalty, with the balance suspended provided they remain in compliance with today's Order. Today's Order also establishes deadlines for submittal of an immediate response action status report, a revised phase four remedy implementation plan, and implementation of the comprehensive response action within 180 days.

2/4/14: MassDEP entered into a Consent Order with a $5,000 Penalty involving Balise Motor Sales Company for Hazardous Waste violations at a Balise Motor Sales Company facility at 440 Hall of Fame Avenue in Springfield.  On July 25, 2013, MassDEP emergency response personnel responded to a release of greater than 10 gallons of gasoline and 10 gallons of waste motor oil at Balise Chevrolet Buick GMC facility at 440 Hall of Fame Avenue in Springfield. The release occurred when employees of Balise - in the process of removing debris from a waste storage area - punctured four drums that contained waste oil and gasoline. The drums had been stored in an outside solid waste storage area with no containment, and were not labeled as containing hazardous waste as required by the regulations. In addition to paying the penalty and conducting the cleanup, Balise also agreed the need to re-train its employees on the requirements of its existing environmental obligations specified in an Environmental Management System (EMS). This entity had specifically enacted an EMS as a result of a 2004 Consent Order with MassDEP.

2/1/14: MassDEP during the month of February issued Waste Ban Enforcement Orders to twenty-six (26) entities.  These include retail stores, companies, waste haulers and solid waste facilities who took part in the disposal and/or transfer for disposal, certain materials that have been specifically banned. The items on the banned list in Massachusetts at landfills or incinerators include wood and construction debris, cardboard, yard waste, and other recyclable materials.  The violators were given 30 days to provide MassDEP with its written plan, a description of how each corrective action will be taken to correct the violations cited in the notice of noncompliance that MassDEP issued. The plan will include status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information: Waste Bans

January 2014

1/31/14: MassDEP issued 41 Notices of Noncompliance to owners/operators of Underground Storage Tank facilities in the Commonwealth. The facility owner/operators failed to have UST inspections completed by the respective due dates (which were in either June or July of 2013). The agency gave the offenders 45 days to return to compliance. The facilities that fail to do so will be subject to additional enforcement measures, including possible financial penalties. The UST facility owner/operators are required to have their tank systems checked every three years by MassDEP-approved third-party inspectors (TPIs) they hire. TPIs report their findings to the agency. While they provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information:   UST-TPI

1/29/14: MassDEP entered into a Consent Order with the town of Hancock regarding Water Supply violations in Hancock specifically to address repeated violations of the maximum contaminant level for total coliform at the Hancock Elementary School public water system. Under today's agreement, the public water supplier has installed disinfection and will report to MassDEP regarding the ability to meet compliance with its permit and will not discontinue disinfection unless MassDEP approves of such action.

1/29/14: MassDEP executed a Consent Order with a $30.000 Penalty involving Mohammad Al Omari for Waste Site Cleanup violations at 454 Water Street in Wakefield. Mohammad Al Omari is the owner and/or operator of the property at 454 Water Street where violations including failure to meet deadlines set out in previously-issued notice of noncompliance dated 6/12/13.  Today's Order requires a tier two cleanup permit transfer and tier two extension by 2/28/14; a phase three remedial alternatives analysis report for the site which meets the requirements by 4/30/14; and, phase four remedial implementation report for the site which meets the requirements by 7/30/14.  Finally, by 7/30/14, the respondent shall submit to MassDEP a response action final outcome statement or a remedy operation status whic9h meets the requirements for the site. Under the terms of today's Order, the respondent has agreed to pay $5,000 of the Penalty with the remaining $25,000 suspended pending compliance with the terms of the Order and meeting all the required deadlines.

1/28/14: MassDEP entered into a Consent Order with a $1,720 Penalty involving the Olde Farm Golf Club, LLC, for Water Supply violations in Southwick. The Olde Farm Golf Club, LLC is the owner of a non-transient non-community public water system at the Ranch Golf Club.  The violations concerned water quality monitoring violations, failure to complete public notice and failure to complete required actions following a sanitary survey. Today's Order includes corrective actions for these violations. The respondent will pay $1,000 of the Penalty with the remaining $720 suspended pending compliance with the provisions of today's Order.

1/24/14: MassDEP executed an Amendment to an existing Consent Order with Jacob's Pillow Dance Festival, Inc., regarding compliance with water supply regulations at its facility in Becket. The amendment to the Order concerned extending the deadlines for reducing water use or installing a new source.

1/24/14: MassDEP executed a Consent Order with a $32,000 Penalty involving Sim Chhuon for Waste Site Cleanup violations at 1687 Middlesex Avenue in Lowell. Sim Chhuon is the owner and/or operator of the property at 1687 Middlesex Avenue where the specific violations included failure to meet deadlines established in an earlier notice of noncompliance that MassDEP issued on 5/2/12. Under today's Order, the respondent is required to submit a tier two (cleanup permit) extension by 1/31/14; submit a phase two assessment by 1/31/14; a phase three remedial alternatives analysis report by 9/13/14; a phase four remedial implementation plan by 12/30/14; and, a final response action outcome statement or a remedy operation status that meets the requirements by 7/30/15. Under today's Order, the respondent has agreed to pay $3,000 Penalty with the remaining $29,000 suspended pending compliance with all terms of today's Order. There is also a stipulated penalty provision for any missed deadlines.

1/24/14: MassDEP executed a Consent Order with a $30,000 Penalty involving Donald F. Knowles Inc. for Waste Site Cleanup violations at 36 Main Street in Rowley.  Specifically, the violations were a failure meet deadlines established in a notice of noncompliance MassDEP issued on 8/30/12. Under today's Order, the respondent is required to submit a final response action outcome statement or a remedy operation status that meets the requirements by 11/5/14.  Also, under today's Order, the respondent has agreed to pay $2,000 of the Penalty with the remainder, $28,000, suspended pending compliance with the terms. There is also stipulated penalty provision for any missed deadlines.

1/17/14: MassDEP entered into a Consent Order with a $48,800 Penalty involving the town of Avon Water Department for Drinking Water violations in Avon.  Specifically, the AWD failed to restore 4-log treatment (or 99.99% disinfection) within 4 hours, failed to notify MassDEP of 15 treatment techniques failures, failure to perform the applicable public notification, and bypassing safety controls on chemical-feed pumps. This case resulted from the former AWD superintendent's guilty plea to two federal counts of knowingly submitting federally required reports to DEP that included materially false representations. On four different dates in 2010, the superintendent reported that residual disinfectant levels at two water treatment facilities in Avon met or exceeded minimum required disinfectant levels, when, in fact, the residual disinfectant levels for each of the dates was below the required level for more than four hours at each of the facilities. The former superintendent, John Tetreault, had his operator's license revoked by the state's Division of Professional Licensure and his employment with the town of Avon was subsequently terminated. Today's Order with the AWD requires the restoration of safety controls on chemical feed systems, the evaluation of existing control systems and the preparation of an evaluation report describing recommended upgrades and/or system modifications to ensure compliant chlorine residual levels. Today's Order requires the payment of $2,000 of the Penalty with the remainder, $46,800, to be suspended contingent upon the town's development and implementation of an Environmental Management System (EMS) in accordance with the terms and conditions of today's Order.

1/17/14: MassDEP entered into a Consent Order with a $23,570 Penalty involving Westboro Road Realty Trust for Solid Waste violations at Treeline Construction, Inc., and Atlantic Construction Service, Inc., in Millbury for Solid Waste violations. The violations occurred at 130 Westborough Street in Millbury. Treeline continued to store concrete, masonry and rock at the facility after a 2008 Notice of Noncompliance required removal of the material. Today's Order requires Treeline to pay the $23,570 Penalty and immediately cease and desist the amassing of any additional solid waste and to comply with all applicable regulations. Within 30 days of the effective date of the consent order, Treeline must submit a proposed compliance plan to MassDEP for approval including the removal and lawful off-site processing and/or disposal of all solid waste currently stored by 6/30/14. Today's action will result in the removal of solid waste relative to its 2011 inspection estimates.

1/15/14: MassDEP entered into a Consent Order with a $6,610 Penalty involving the town of Scituate, for violations at its Wastewater Treatment Facility. The town of Scituate was found to be in violation of the Surface Water Discharge Permit Regulations and the Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Plants. This case involved the discharge of leachate to the ground from grit hopper cleanout of a septage holding tank and the failure to maintain existing de-watering systems. Of the $6,610 Penalty, Scituate will make a payment of $1,652 and conduct a Supplemental Environmental Project which is in the amount of $4,957. This SEP involves the upgrade work necessary to the industrial pumps with variable frequency drives which will result in additional energy and cost savings.  

1/10/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Lipton, Inc. for Waste Site Cleanup violations in Greenfield.  Lipton, Inc., is the operator of a self-service gasoline station at 100 Mohawk Trail in Greenfield. On 9/30/12,  MassDEP responded to a report from the Greenfield Fire Department that gasoline-contamination had been discovered in the storm drainage system and a small brook adjacent a Shell gasoline dispensing station at 100 Mohawk Trail. The gasoline was eventually determined to have leaked from failed piping under one of the dispensers at the station. Lipton, Inc., is the site operator, and the Estate of Helen Mackin is the site owner. The respondent have retained contractors to repair the dispenser piping, recover the gasoline, and eliminate the discharge of gasoline to the storm drainage system and brook. In addition, Mackin has continued to complete removal of the gasoline contamination from the soil and groundwater at the site, and is currently in full compliance with MassDEP's Waste Site Cleanup regulations.

1/10/14: MassDEP issued a Unilateral Order to the Sudbury Pines Extended Care, Sudbury. Under today's Order, Sudbury Pines Extended Care in Sudbury must take immediate actions to eliminate onsite septic system overflows onto the property, and to take actions to address the cause of the septic system failure. Today's Order also requires Sudbury Pines to pump the system as often as needed to eliminate the risk of further septic system overflows in the future.

1/8/14: MassDEP executed a Consent Order with a $30,000 Penalty involving Framingham Auto Sales, Inc. for Waste Site Cleanup violations in Framingham. The company is the long term owner and operator of an auto dealership at 1200 Worcester Road, Framingham. Framingham Auto Sales Inc. was found to be overdue for submitting a phase one assessment report and a tier classification (determining a numerical ranking detailing extent of contamination). The site was first reported on 2/16/12 after assessment of the property was done. Framingham Auto Sales Inc. has agreed to pay $5,000 with $25,000 of the Penalty suspended. This enforcement action will lead to the cleanup of petroleum in the area of a former heating fuel tank and in the area of a hydraulic lift.

1/7/14: MassDEP entered into a Consent Order with a $7,000 Penalty involving the Estate of Helen Mackin for Waste Site Cleanup violations in Greenfield.  Mackin is the owner of a self-service gasoline station at 100 Mohawk Trail in Greenfield. On 9/30/12,  MassDEP responded to a report from the Greenfield Fire Department that gasoline-contamination had been discovered in the storm drainage system and a small brook adjacent a Shell gasoline dispensing station at 100 Mohawk Trail. The gasoline was eventually determined to have leaked from failed piping under one of the dispensers at the station. Lipton, Inc., is the site operator, and the Estate of Helen Mackin is the site owner. The respondent have retained contractors to repair the dispenser piping, recover the gasoline, and eliminate the discharge of gasoline to the storm drainage system and brook. In addition, Mackin has continued to complete removal of the gasoline contamination from the soil and groundwater at the site, and is currently in full compliance with MassDEP's Waste Site Cleanup regulations.

1/7/14: MassDEP entered into a Consent Order with a $32,000 Penalty involving Richard C. and Pamela M. Albright for Wetlands violations at 270 Boston Street in Topsfield. The Albrights own a residential property at 270 Boston Street in Topsfield. MassDEP was requested to take over enforcement matters on this case by the local conservation commission because the Albrights had failed to fully comply with the local (and multiple) enforcement orders, and extensions (of time) for restoring a vernal pool, intermittent stream and surrounding forested bordering vegetated wetland. The original violations occurred in August of 2007 when the Albrights clear cut, excavated and graded an area of their property to build a large pond surrounded by manicured lawn. This work, in fact, had altered the bank of an intermittent stream and approximately 28,000 square feet of BVW containing a vernal pool. As such, this violation resulted in the issuance of two local orders, a restoration plan and schedule for the work. Another order was issued locally in September 2008. Although work pursuant to the plan was performed, portions of it were in noncompliance with the plan and schedule. Additionally, after planting, during the beginning "grow in" and monitoring period, the entire area of vernal pool, BVW and buffer zone was mowed. In October of 2008 the locals issued the Albrights specific written notification about their obligations under the previous orders and that any future mowing within wetlands jurisdiction required authorization. October 2009 monitoring reports and site visits confirmed that the "grow in" and hydrology of the vernal pool and surrounding BVW were successfully supporting the functional goals of the restoration. However, a July 2010 monitoring report documented that the entire area of vernal pool and BVW had again been mowed. In October 2010, the local agent observed evidence of this, the area had again been recently mowed, a violation. Subsequent negotiations with the Albrights and the TCC regarding compliance with the restoration plan and additional planting to restore forested canopy in the area proved unsuccessful. Under today's Order, the Albrights are required to bring the site into compliance with a revised comprehensive restoration plan that includes significant additional planting to restore a forested canopy and long term monitoring. The Albrights will pay $10,000 of the Penalty and the remaining $22,000 will be suspended pending compliance with the terms.

1/7/14: MassDEP entered into a Consent Order with an $11,000 Penalty involving the Association of Eastern Point Residents, Inc. for Wetlands violations in Gloucester. Specifically, the violations occurred within and on adjacent parcels to a private way known as Brace Cove Road in Gloucester. At the request of the Gloucester conservation commission, MassDEP investigated excavation and re-grading work that had been performed to widen a pedestrian path located within the private way. This work was performed by the Association without the required authorization. The work resulted in alteration of approximately 1,000 square feet of coastal dune within the path, less than 50 square feet of coastal beach on an adjacent parcel, and approximately 350 square feet of bordering vegetated wetland on an adjacent parcel. The document requires full restoration of wetland resource areas with long-term monitoring and payment of $2,000, with the remaining $9,000 suspended pending demonstrated compliance.

1/2/14: MassDEP entered into a Consent Order with a $16,250 Penalty involving James and Celeste Chenier for Wetlands violations in Ludlow. Specifically, the violations involved the alteration of riverfront area, bordering vegetated wetland, bank, land under water as well as bordering land subject to flooding at a farm that is owned by the Cheniers. The work had been done in an effort to establish a hayfield at the site in order to ensure continuation of the Chapter 61A tax status. In addition to constructing a "replacement area" for the violations, the Cheniers will place the area of approximately 3-acre area kettle bog into a conservation restriction, and pay a penalty of $5,000. The balance, $11,250 will be suspended provided the construction of the restoration area is achieved and the conservation restriction and future compliance is maintained.

1/2/14: MassDEP entered into a Consent Order with a $24,000 Penalty involving Chenier's Gravel Bank, Inc. for Wetlands violations in Ludlow. Chenier's Gravel Bank, Inc. has agreed to resolve the alteration of the riverfront area at the gravel bank's property. Chenier's will also delineate the entire site to ensure there are no future violations, as well as restore the riverfront area. Chenier's has agreed to pay $1,000 of the Penalty with the remainder, $23,000, suspended pending compliance.