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

.

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.