March 2015

3/31/15: MassDEP entered into a Consent Order with a $46,150 Penalty involving Cruz Abatement and Contracting Services, LLC for Asbestos violations at 64 Cambridge Street in Burlington. MassDEP performed a routine inspection of the respondent's asbestos removal work at the site and found that asbestos containing material had been improperly removed and handled by the respondent.  MassDEP observed the respondent removed asbestos-containing material dry, a violation, and that asbestos-containing waste material was removed utilizing improper technique.  As a result of the violations observed by MassDEP, the respondent will pay $10,000 and $36,150 will be suspended for two (2) years.  The small business policy was utilized in reaching this agreement.

3/31/15: MassDEP issued twenty (20) Notices of Noncompliance for Waste Ban violations including retail stores, companies and waste haulers. These entities disposed of, or transferred for disposal, cardboard, bottles, cans and other materials that are subject to state waste-disposal bans. The violators were given 30 days to provide MassDEP with written descriptions of each action taken to correct the violations cited in these NONs.  The steps taken could include status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information:

Disposal Bans

3/31/15: MassDEP issued ten (10) $500 Penalty Assessment Notices to dental practices across the state under the Dental Amalgam Mercury Recycling Enforcement. The facilities failed, after repeated reminders and warnings, to certify by June, 2014, that they had installed and were operating approved amalgam separator systems to eliminate mercury from their wastewater discharges. Dental facilities that use mercury amalgam are required to do this every five years. More information:

DEP-Dental Amalgam

3/27/15: MassDEP entered into Consent Order with a $3,000 Penalty involving Eastern Packaging, Inc., for Air Quality violations in Lawrence.  The facility, as part of pre-stack testing screening activities, determined that it would fail to meet the overall efficiency as it pertains to volatile organic compound destruction/removal. The catalytic oxidizer control device in question was required in this facility's plan approval issued in 2006.  Eastern Packaging will pay a total of $3,000 for this violation.  Additionally, as part of the Order, the facility is required to implement a semi-annual core sampling program to analyze for catalyst activity and monthly screening activities, in addition to the required stack testing of the control device, to prevent the recurrence of this violation.    

3/27/15: MassDEP entered into a Consent Order with a $7,622 Penalty involving Titeflex Corporation and Titeflex Commercial, Inc. for Waste Site Cleanup violations at its 603 Hendee Street property in Springfield. Titeflex reported a release of chlorinated volatile organic compounds (CVOCs) at the 603 Hendee Street site in February 2010.  A MassDEP audit of the phase two comprehensive site assessment and phase three remedial action plan identified several violations primarily concerning assessment of the release, which required additional response actions and for which MassDEP issued a Notice of Noncompliance. Titeflex failed to meet the deadline specified in the NON and requested a several month extension to complete response actions.  MassDEP has agreed to a revised compliance schedule and a suspended penalty of $7,622 to resolve these violations.

3/26/15: MassDEP entered into a Consent Order with a $32,625 Penalty involving W.L. French Excavating Corporation for Asbestos violations at 24 East Street in Cambridge.  MassDEP performed a compliance inspection of the asbestos abatement work at this address. MassDEP observed during an inspection of the site that a truck loaded with asbestos containing waste material belonging to the respondent had exited the site and removed the required hazardous materials placards in order to transit through the O'Neil Tunnel.   As a result of the violations observed by MassDEP, and under today's agreement, the respondent will pay $20,000 of the Penalty and $12,625 will be suspended for one year.   

3/25/15: MassDEP entered into a Consent Order with  Qianlong USBoston, LLC, for Water Supply violations in Belchertown. Qianlong USBoston, LLC must address the repeated elevated levels of total coliform in this public water system at Cold Spring Country Club. The operator must take the required steps to address incidents in which the total coliform in this system tested at levels that exceed the maximum contaminant level under the regulations.   

3/25/15: MassDEP entered into a Consent Order with a $1,720 Penalty involving KP Grille, LLC, for Drinking Water violations in Rehoboth. The respondent did not have a certified drinking water operator to oversee this, a transient non-community public water supply system.  The system is located at 481 Winthrop in Rehoboth. Under the terms of today's Order, the respondent will pay $860 of the Penalty which is being paid by the owner/manager of the restaurant.  The remaining $860 will be suspended.  KP Grille, LLC, now has an approved certified operator and compliance notice in place with a properly-licensed operator responsible for this, a public water supply system for the KP Grille, LLC.

3/24/15: MassDEP entered into a Consent Order with Stevens Street LLC for Waste Site Cleanup violations at 250 Cape Highway in Taunton.  The respondent failed to file the required Activity and Use Limitation (AUL) that is necessary for this cleanup site. The MassDEP identified violations as a result of a compliance screening audit and site inspection. A 60-day deadline was established in the notice of audit findings/Notice of Noncompliance that MassDEP issued. Prior to the expiration of the deadline established by MassDEP, the respondent submitted a request from Stevens Street, LLC for additional time to discuss and address the AUL violations.  Today's Order establishes a deadline to correct the AUL violations.  

3/20/15: MassDEP entered into a Consent Order with a $172,240 Penalty involving NEWS of Worcester, LLC, for Greenwood Street Landfill for Worcester.  The respondent under today's Order will resolve its violation of solid waste regulations at a closed landfill on Nip Napp Trail in Worcester.  The company was limited by permit to a final landfill elevation of 512 feet during its repair of the landfill cap, but instead brought in too much material, resulting in an elevation of 524 feet.  Today's Order including the Penalty is related to the recovery of the economic benefit realized by NEWS of Worcester, LLC due to its overfilling.  The company has paid a penalty of $43,060 to the Commonwealth, and the remainder of the Penalty will be used to conduct a Supplemental Environmental Project (SEP) in the local community. The SEP calls for the design and construction of the "Your Sanctuary in the City" project at the Broad Meadow Brook Conservation Center and Wildlife Sanctuary in Worcester. That project will incorporate a variety of environmental best practices, including storm water recycling, the use of recycled or sustainability produced construction materials, and responsible management of construction and demolition wastes. In addition, the Education Center will support the environmental education goals of the sanctuary and Mass Audubon through the provision of classroom space, and the use of interpretive signage and displays regarding the building renovation and operations.

3/19/15: MassDEP entered into a Consent Order with 1 $1,250 Penalty involving Crete Carrier Corporation for Waste Site Cleanup violations in Springfield.  Crete Carrier is a Nebraska-based long haul trucking company. Crete failed to submit a release notification or permanent solution statement for a release of 75 gallons of diesel fuel that occurred on Interstate 91 in Springfield. The release occurred on 8/13/14, when a tractor-trailer unit owned and operated by Crete was involved in an accident at the location. Response actions were performed by the Springfield Fire Department, MassDEP, and an environmental contractor. Although the cleanup was successfully completed, Crete failed to submit documentation from the cleanup, and failed to respond to a Notice of Noncompliance issued in October 2014 by MassDEP. An extension of the deadline was allowed to submit the required information. In signing today's Consent Order, Crete has agreed to submit the missing documentation and pay the $1,250 Penalty.

3/19/15: MassDEP entered into a Consent Order with William P. Callahan, Jr., Kathryn J. Callahan, and William P. Callahan, III, of Hubbardston for Drinking Water Supply violations. Today's Order contains an enforceable schedule to provide an approved transient non-community public water system to serve the property, Hubbardston Crossing which is located at 32 Main Street in Hubbardston. Today's Order requires the owner to operate the on-site well that supplies water to the strip mall in accordance with the requirements for this type of water system.  The penalty has been suspended pending compliance with the requirements. This action will ensure that anyone served by this system will receive water that is safe and fit to drink.

3/16/15: MassDEP entered into a Consent Order with South Shore Millwork Inc., for Air Quality and Hazardous Waste Management violations in Norton. The violations were made evident following self disclosure by the company. As documented in the Consent Order, MassDEP is to recover unpaid annual compliance fees and the company is to apply for a plan approval for its air emissions and revise its hazardous waste generator status.

3/12/15: MassDEP issued a Declaration of Water Emergency to SB Operating Company LLC, d/b/a Sweetbrook of Williamstown Rehabilitation and Nursing Center located in Williamstown.  MassDEP issued this necessary Declaration after the system experienced a pump failure. The Declaration allows the community public water system to use another water source, specifically additional water from another of its public water system sources.

3/11/15: MassDEP entered into a Consent Order with a $430 Penalty involving Wilfred Francis for Solid Waste violations at 564 Fisher Road in Dartmouth. Wilfred Francis was operating a compost site without a General Permit. Francis submitted a General Permit to MassDEP on 3/2/15 and will pay a $430 penalty within 30 days.

3/11/15: MassDEP issued a Demand for a $5,000 Payment to Don Lia of Northampton for Waste Site Cleanup violations at 171-187 King Street in Northampton. This pertains to payment of a previously-suspended penalty to Don Lia, owner of the former Lia Honda in Northampton. The site is contaminated with metals and PCBs and requires maintenance of pavement to prevent direct contact with underlying contaminated soil. Lia filed a temporary solution for this site that requires periodic inspection and maintenance of the pavement and submittal of status reports to MassDEP. These status reports are necessary to document inspection results and any maintenance activities. On 9/24/13, MassDEP and d Lia entered into a Consent Order with Penalty to resolve waste site cleanup violations, the failure to maintain the temporary solution at this site. At that time, MassDEP agreed to suspend $5,000 but required that status reports for the temporary solution be submitted by 3/9 and 9/9 of each calendar year until a permanent solution is achieved.  MassDEP received a status report in December 2014, nearly three months past its due date, indicating that pavement repair was necessary and would be conducted. Further, MassDEP did not receive the status report due on 9/9/15.  Documentation of the pavement repair, necessary to maintain the temporary solution, as documented in the December 2014 status report, has not been received.

3/10/15: MassDEP entered into a Consent Order with a $30,000 Penalty involving Harvard Mills LLC for Waste Site Cleanup violations at 178 Albion Street in Wakefield. The LLC is the owner of the property where violations involved the failure to achieve a response action outcome within the deadlines established in a notice of noncompliance that had been issued on 12/18/12. New deadlines have now been established to return to compliance with the submittal of a temporary or permanent solution, or a remedy operation status submitted by 2/1/17. In addition, Harvard Mills LLC will pay $3,000 of the Penalty, with the remaining $27,000 suspended, pending compliance.

3/10/15: MassDEP issued a Demand for $500 in Stipulated Penalty to Fauzia Rafiq and Lubna Ahmad of Springfield. The respondents are the owners of a site at 20 East Street in Springfield, from which a convenience store and gasoline filling station operates.  Rafiq and Ahmad entered into a Consent Order with MassDEP on 9/17/14, which required submittal of a phase two assessment report and phase three remedial alternatives plan by 12/1/14. That Order also offered Rafiq and Ahmad the opportunity to prove under MassDEP's financial inability program that they were financially unable to perform the required response actions. Despite several follow-up calls to assist Rafiq and Ahmad in complying with the requirements of the Order, they have failed to perform response actions, and have not submitted financial documentation, prompting the issuance of today's Demand for stipulated penalty.

3/9/15: MassDEP entered into a Consent Order with a $46,150 Penalty involving All State Abatement Professionals Inc. for Asbestos violations at 64 Cambridge Street in Burlington. MassDEP performed a routine inspection of the respondent's asbestos removal work at the site. MassDEP found that asbestos containing material had been improperly removed and handled by the respondent. MassDEP observed the respondent removing asbestos containing material dry, inadequately wetting asbestos containing waste material, and improperly removing asbestos containing material. As a result of the violations observed by MassDEP and under today's Order, All State will pay $10,500 and $36,625 will be suspended for 1 year and 4 months. The small business policy was utilized in reaching this agreement.

3/5/15: MassDEP issued a Unilateral Order to Ferry Street Partners Investment Trust for Solid Waste violations in Easthampton. The Trust has agreed to address violations at a former mill complex that is the subject of a stalled redevelopment proposal. Specifically, today's Order requires that accumulated solid wastes, mostly from building demolition, be removed for proper disposal or recycling and that an asbestos survey/abatement is conducted in accordance with the appropriate regulations.

3/5/15: MassDEP issued an $860 Penalty Assessment Notice to the A. Periera Construction Co. for open burning violations in Easthampton. This Ludlow-based contractor was issued the Penalty to address the open burning of construction debris at a road work project in Easthampton. This case was a complaint referral from the Easthampton Fire Department. 

3/5/15: MassDEP issued more letters to Licensed Asbestos Abatement Contractors requesting additional information relative to fee-exempt applications. Under MassDEP's Asbestos Fee Status Compliance Assistance, a significant number of asbestos abatement notifications had been submitted for projects being claimed as exempt from the $100 filing fee even though the properties in question don't appear to meet the regulatory criteria for exemption.  MassDEP launched this initiative aimed at increasing compliance with Asbestos notification and fee requirements. MassDEP is reviewing online filings dating back to 2013 (when the fee was raised to its current level) for projects submitted as fee exempt. Where a project does not appear to meet the criteria, MassDEP will send a letter asking the submitter to either document the property's qualification for exempt status or pay the fee within 30 days. MassDEP, through the Massachusetts Department of Labor Standards, has emailed more than 200 active licensed asbestos contractors to notify them of the initiative and to remind them of the fee exemption criteria.

3/5/15: MassDEP issued a $31,100 Penalty Assessment Notice to Asset Recovery Group, LLC for Air Quality control (Asbestos) violations in Somerset. Asset Recovery Group, LLC of New Jersey is the former owner/operator of the former Somerset Power Plant (Montaup Electric) located at 1606 Riverside Avenue in Somerset.  ARG improperly handled and removed asbestos-containing materials while conducting salvaging and demolition activities at the facility.  In response to a complaint, MassDEP inspected the facility and determined ARG had created the following: a condition of air pollution;  failed to notify MassDEP of the asbestos-removal activities; failed to remove asbestos-containing material prior to demolition/renovation activities; failed to use air-cleaning equipment; failed to seal the work area; failed to ensure asbestos-containing material remained wet until after it had been sealed in a container; and, failed to seal asbestos waste materials in leak-tight containers.  MassDEP attempted unsuccessfully to negotiate a Consent Order with ARG. On 12/13/13, MassDEP issued a Unilateral Order to ARG to abate the ongoing condition of air pollution.  To date, ARG has failed to comply with that Order [As of March 2014, a new owner has taken over asbestos abatement activities at the facility and abated the condition of air pollution].

3/4/15: MassDEP entered into a Consent Order with Harvard University School of Public Health relative to Air Quality regulations in Boston. The Order allows Harvard University to operate its emergency diesel generator (EDG) during its recent electrical system upgrade project at their School of Public Health Building No. 2 on 677 Huntington Avenue in Boston.  Air Pollution Control Regulations do not allow for the use of emergency diesel generators for planned maintenance activities. However, this Order was sought by Harvard University to operate its EDG to conduct the electrical system upgrade project only for a limited number of hours and is based on safety issues in this constrained location

3/3/15: MassDEP entered into a Consent Order with a $32,500 Penalty involving Walsh Construction Company for Wetlands violations in Amesbury. The violations occurred during the Whittier Bridge reconstruction project in Amesbury. Walsh is the contractor selected by Mass Department of Transportation to perform the Interstate 95 widening and Whittier Bridge reconstruction. MassDOT received a local order of conditions and 401 water quality certification from MassDEP for the project. In August of 2014, MassDEP observed that approximately 525 square feet of salt marsh and approximately 1,800 square feet of bordering vegetated wetlands had been filled with dredge spoils in connection with the project. Shortly thereafter, MassDOT reported to MassDEP that Walsh was conducting dredging/pre-excavation for cofferdam construction without the required silt curtain. At the direction of MassDEP and MassDOT, the dredge spoils were removed and proper environmental controls were installed. Today's Order now requires full restoration of the altered salt marsh and wetlands with long-term monitoring, and, full compliance with the original approval orders. Walsh will pay $15,500 of the Penalty and the remaining $17,000 will be suspended upon full compliance.  

3/3/15: MassDEP entered into a Consent Order with an $18,875 Penalty involving Sav On Transportation LLC for Waste Site Cleanup violations at 4334 Washington Street in Roslindale (Boston). Sav On Transportation LLC is located in East Falmouth, and failed to report a 3/21/14 release of approximately 127 gallons of gasoline that occurred during a bulk delivery to a service station in Roslindale. Today's Order requires Sav On Transportation to pay a penalty $6,500 with the remaining $12,875 suspended contingent on compliance with the terms of the Order. In addition, Sav On is required to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan within 45 days, and additionally imposes stipulated penalties of $1,000 per day should additional violations occur.

3/2/15: MassDEP entered into a Consent Order with a $47,978 Penalty involving the town of Uxbridge for Asbestos violations. In October 2013, MassDEP learned that asbestos-containing materials (vinyl asbestos floor tiles) had been improperly removed from three classrooms, transported in wheelbarrows through the school, and discarded in an open top roll-off container stored outside at the site. MassDEP observed the dry asbestos-containing waste in the open top roll-off container at the site. In addition, the town did not notify MassDEP prior to commencing the work as required by the regulations. Today's Order assesses and suspends a $47,978 Penalty based on compliance with applicable asbestos requirements for one year. In addition, the town has agreed to conduct an Asbestos Awareness Session for its municipal employees and invite municipal employees from 12 surrounding communities to attend at no cost. This action will help ensure municipal employees in the Uxbridge area are properly trained and will lead to better compliance with requirements regarding Asbestos.

3/2/15: MassDEP entered into a Consent Order with $4,882 Penalty involving Getty Properties Corp for Water Supply violations in Granby. As owner of the Chestnut Mart public water system in Granby, Getty Properties reported elevated levels of the Total Coliform Rule monitoring and water quality violations. Today's Order now requires Getty to install an up-to-date disinfection system and prepare an operations manual. Getty will pay $1,000 and the remaining $3,882 will be suspended pending compliance with the Order.

February 2015

2/27/15: MassDEP issued a Unilateral Order and a $30,000 Penalty Assessment Notice to Richard Lavigne former Gale Chevrolet for Waste Site Cleanup violations in Winchendon. Richard Lavigne failed to complete response actions, including the submittal of reports detailing the phase two assessment, the phase three remedial alternatives analysis, and the phase four selection and implementation. Also, a temporary or permanent solution must be submitted.  These violations were originally addressed in notices of noncompliance and prior Consent Order. However, the violator remains out of compliance and MassDEP has not received any of the required reports. MassDEP today issues this Unilateral Order requiring submittal of the required reports within one year, and issues a penalty of $30,000.

2/26/15: MassDEP issued a Demand for $7,000 in a previously-suspended Penalty to Empire Recycling, LLC, for solid waste violations at its facility in Billerica.  Empire failed to certify the completion of certain improvements to the facility and to submit a final operation and maintenance plan as required by a Consent Order the facility signed in 2014. Empire failed to make the Penalty payments in accordance with the payment schedule set forth in the Order. As a result, MassDEP will issue a demand for full payment of the outstanding cash penalty of $15,000.  The solid waste recycling facility has a general permit, meaning the facility accepts source-separated recyclable paper, cardboard, and mixed recyclable containers; removes incidental waste; and transfers the recyclables off-site for recycling.  

2/25/15: MassDEP issued a Unilateral Order and a $105,000 Penalty Assessment to Long Beach Mortgage Loan Trust et al. in connection with Wetlands violations in Haverhill. The documents were issued to Deutsche Bank National Trust Company as trustee for Long Beach Mortgage Loan Trust 2004-3, Asset-Back Certificates, Series 2004-3 and Ocwen Loan Servicing, LLC, Servicing Agent for Deutsche Bank National Trust Company and as trustee for Long Beach Mortgage Loan Trust 2004-3, Asset-Back Certificates, Series 2004-3 (collectively "Deutsch Bank"). The original violations occurred at 115-117 Merrill Avenue in Haverhill and were noted in April of 2012, when MassDEP executed a Consent Order with then owner of the property, Marilyn Campbell, for Wetlands violations including filling/alteration of 10,000 square feet of bordering vegetated wetland (BVW) and unauthorized activity in the buffer zone to BVW. The Order at that time required full restoration of the BVW and buffer zone with long-term monitoring. Deutsch Bank took ownership of the property by foreclosure in July 2012. In January 2013 MassDEP began communication with Deutsch Bank about the still applicable Order and wetland restoration obligations. Since then, Deutsch Bank has made repeated representation to MassDEP that it will undertake the requisite restoration and, to date, has failed to commence the restoration work. Today's Order contains the requirement to restore the altered BVW and buffer zone with long-term monitoring.

2/24/15: MassDEP entered into a Consent Order with a $13,500 Penalty involving Clean Harbors of Braintree, Inc. for Hazardous Waste Management violations in Braintree. MassDEP found violations during inspections on 7/29, 7/31 and 8/6 in the year 2014. This licensed hazardous waste treatment, storage, and disposal facility, located at 1 Hill Avenue in Braintree was found during inspections and review of records to have several hazardous waste violations related to storage and signage along with a violation related to stormwater.

2/24/15: MassDEP entered into a Consent Order with $1,000 Penalty involving Clean Harbors Environmental Services, Inc. in Norwell. This facility is a licensed hazardous waste transporter, located at 42 Longwater Drive in Norwell. On July 29, July 31, and August 6, 2014, MassDEP conducted an inspection of Clean Harbors of Braintree, Inc., located at 1 Hill Avenue, Braintree, Massachusetts. During those inspections, MassDEP conducted a review of the Facility's Electronic Monthly Operation Reports (EMORs) associated with wastes transported from Clean Harbors of Braintree, Inc. Based on this review, inaccurate and incomplete reporting violations were noted.

2/23/15: MassDEP issued a Declaration of a Water Emergency to the Worthington Fire District in Worthington. The Order allows Worthington Fire District to provide an alternate water source to continue service to the five homes on its system that had lost water due to a frozen water main suspended on a bridge while it worked to thaw the line and restore service.

2/23/15: MassDEP issued a Declaration of a Water Emergency to the Lenox Water Department in Lenox. Today's Order allows for Lenox Water Department District to provide alternate water to a large apartment complex that had lost water due to a water break and broken valve.

2/23/15: MassDEP entered into a Consent Order with Ipswich Municipal Electric Power Plant in Ipswich for Air Quality violations. The Plant is required to address its noncompliance with federal regulation relative to National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE). Specifically, today's Order cites noncompliance with requirements including lack of maintaining required records, failure to perform required maintenance, and noncompliant operation. In addition, today's Order addresses the fact that the facility failed to install pollution control devices within the timeframe established in an extension previously granted by MassDEP. The determination of these violations was made following an announced air compliance evaluation inspection of the facility conducted by MassDEP in August and September of 2014. In addition to ensuring the facility will comply with the record-keeping, maintenance, and operational requirements.  Today's Order establishes timeframes for the installation of diesel oxidation catalysts such that the facility will comply with carbon monoxide percent reduction requirements applicable to its non-emergency RICE. Through the use of oxidation catalysts, the facility will reduce emissions of carbon monoxide (used as a surrogate for hazardous air pollutant emissions) from eight of its nine RICE by at least 70 percent.

2/20/15: MassDEP entered into a Consent Order with a $25,800 Penalty involving Daryl Holloway as trustee of Blue Hill Avenue II Realty Trust for Waste Site Cleanup violations in Boston. The Blue Hill Avenue II Realty Trust is the owner of the property at 1366 Blue Hill Avenue in Mattapan (Boston). Specifically, the violations were for failure to meet deadlines established in a previous notice of noncompliance dated 5/28/14. Today's Order now requires a phase two comprehensive site assessment report which meets the requirements by 6/30/15. Thereafter, a phase three remedial alternatives analysis which meets the requirements is due by 9/30/15 and a phase four remedial implementation for the site which meets the requirements. A permanent or temporary solution statement for the site, which meets the requirements, is due by 9/30/16. The Trust will pay $2,400 of the Penalty with the remaining $23,400 suspended and a stipulated penalty provision for any missed deadlines.

2/20/15: MassDEP entered into a Consent Order with a $5,000 Penalty involving Life Care Centers of America, Inc., for Groundwater Discharge violations in Littleton.  Life Care Centers of America, Inc. must correct/resolve the violations at the groundwater discharge facility serving the company's Littleton House Nursing Home, located on Foster Street in Littleton. MassDEP inspectors identified maintenance problems that resulted in violations of the Groundwater Discharge system at the facility. The company has agreed to an enforceable schedule of operational modifications and physical upgrades to restore proper operation of the treatment facility. This action will result in the proper treatment of 18,000 gallons per day of wastewater.  

2/19/15: MassDEP entered into a Consent Order with an $18,347.50 Penalty involving E&Z Enterprises, LLC, for Waste Site Cleanup violations in Dighton. While refueling a vehicle, an employee for East Coast Interiors Corp, released an estimated 29.28 gallons of diesel fuel that impacted the driveway and impacted two storm drains.  As operators of a commercial fueling facility they failed to report the release of diesel fuel that is above the 'reportable quantity' as stipulated in the Massachusetts Contingency Plan. The company then failed to notify MassDEP prior to conducting an immediate response action. The company will pay $9,173.75 of the Penalty and the remaining $9,173.75 will be suspended pending compliance.

2/19/15: MassDEP entered into a Consent Order with an $11,791 Penalty involving East Coast Interiors Corp for Waste Site Cleanup violations in Dighton. While refueling a vehicle, an employee for East Coast Interiors Corp, released an estimated 29.28 gallons of diesel fuel that impacted the driveway and impacted two storm drains. The company failed to report the release of diesel fuel that is above the 'reportable quantity', and failed to conduct an immediate response action. The company will pay $6,041 of the Penalty and the remaining $5,750 will be suspended pending compliance.

2/18/15: MassDEP entered into a Consent Order Otis Woodlands Club in Otis for Water Supply violations. The Club will need to address repeated incidents of elevated levels of total coliform bacteria in the public water system. Today's Order provides for response actions should an additional incident occur within twelve months.

2/17/15: MassDEP issued a Unilateral Boil-Water Order to Blandford Water Department in Blandford. The Order was issued in response to Blandford's notice of an emergency situation on Chester Road.  MassDEP's Order serves as a Declaration of Water Emergency and a Boil Order to encompass the response actions planned by Blandford. The Order is applicable to the Chester Road portion of the system that had been impacted by a frozen water main.

2/11/15: MassDEP entered into a Consent Order with a $19,000 Penalty involving ReEnergy Roxbury, LLC, for Solid Waste and Air Quality violations at its facility in Boston. In response to a complaint referred to MassDEP from the Boston Public Health Commission in September 2014, MassDEP and the Commission conducted an inspection.  ReEnergy operates a permitted construction and demolition waste processing facility located in Roxbury. During the inspection, MassDEP observed that the facility was not being operated in accordance with either the facility permit (authorization to operate) as had been issued in 2012, or its limited plan application for non-fuel emissions as issued in 2009. The facility's dust suppression system was damaged and not in operation, dust was blowing outside of the building, and the building's overhead doors were in disrepair. Additional violations included stockpiled waste that extended outside the doors, and the facility's wood storage area was overfilled.  Today's Order requires ReEnergy to repair the facility and resume operation of the dust suppression system. The respondent will pay $12,000 of the Penalty and the remaining $7,000 is suspended contingent on ReEnergy maintaining compliance for two years.

2/10/15: MassDEP entered into a Consent Order with a $40,473 Penalty involving Ranfac Corporation for Air Quality and Hazardous Waste Management violations in Avon. A multi-media inspection revealed that the facility was treating a hazardous waste without a license as well as generating amounts of hazardous waste sufficient to qualify as a large quantity generator, despite it having self-registered as a small quantity generator. The inspection also revealed numerous hazardous waste management violations, including labeling, signage, training and inspections. The facility further failed to maintain air emissions records of actual volatile organic compounds and hazardous air pollutant emissions to demonstrate exemption from plan approval. Today's Order ensures compliance with the Hazardous Waste and Air Pollution Control requirements.

2/6/15: MassDEP entered into a Consent Order with East Northfield Water Company for Water Supply violations in Northfield. East Northfield Water Company has agreed to address its noncompliance with the Surface Water Treatment Rule deadline for installation and activation of a second form of disinfection. Today's Order provides additional time for the public water system to complete the installation which was underway, but not complete by the October 2014 deadline. Under the provisions of today's Order, the installation and activation will be complete by March 2015.

2/6/15: MassDEP entered into a Consent Order with the town of Gill for Water Supply violations in Gill. The town of Gill has agreed to address repeated incidents of elevated levels of total coliform bacteria in the Gill Elementary School, a public water system. Today's Order provides for response actions should an additional incident occur within twelve months.

2/6/15: MassDEP entered into a Consent Order with Wagon Wheel Drive-In, LLC for Water Supply violations in Gill. Wagon Wheel Drive-In, LLC has agreed to address repeated incidents of elevated levels of total coliform bacteria at the Wagon Wheel Restaurant, a public water system. Today's Order provides for response actions should an additional incident occur within twelve months.

January 2015

1/30/15: MassDEP entered into a Consent Order with a $6,325 Penalty involving Dartmouth Power Associates L.P., for Hazardous Waste Management violations in Dartmouth.  A multi-media inspection by MassDEP revealed that the company was accumulating hazardous waste at the site of generation in excess of the prescribed accumulation period. In addition, the company failed to properly label containers of hazardous waste, waste oil and universal waste. They also failed to conduct required weekly inspections of the hazardous-waste accumulation area and failed to keep all containers of hazardous waste and waste-oil closed except during those times when adding waste. Finally, they failed to maintain only one container per waste stream in a satellite area. Today’s Order stipulates that the company will ensure compliance with the Hazardous Waste requirements and payment of the total penalty of $6,325.

1/20/15: MassDEP entered into a Consent Order with an $11,586 Penalty involving New England Motor Freight, Inc. for Waste Site Cleanup violations in West Springfield. MassDEP found the operator of the property at 1311 Union Street in West Springfield had violated the regulations by specifically failing to submit a phase four remedy implementation plan, and failing to submit a permanent or temporary solution statement. Additionally, the respondent failed to submit a tier classification (site ranking) extension.  Today’s Order requires the submittal of a phase four status report or phase four final inspection report and completion statement by 4/30/15 and the submittal of a permanent solution, temporary solution remedy operation status submittal by 5/30/15. Under today’s Order, the company will pay $3,000 and $8,586 of the Penalty will be suspended provided NEMF does not violate any condition of the Order.

1/20/15: MassDEP was notified by Suffolk Superior Court of a Consent Judgment involving Michael C. Fina Co., Inc.  for violations at 5 Myrtle Street in Taunton:  The Court’s Judgment against Fina was reached after the motion of the parties (i.e. the Massachusetts Attorney General’s Office and MassDEP) filed a complaint alleging Fina violated Massachusetts Waste Site Cleanup violations at the former Kent Silversmith facility in Taunton. An audit performed by MassDEP in 2010 identified numerous violations at the site. Vapor intrusion of trichloroethylene (TCE) and perchloroethylene (PCE) into several residences located in the immediate site vicinity was identified as a result of MassDEP’s investigation. Insufficient site characterization and the improper use of remedial additives at the site resulted in TCE/PCE vapor intrusion into nearby residences. The Judgment requires Fina to pay a civil penalty of $205,000, reimbursement of $60,000 in MassDEP response action costs and establishes deadlines for revised submissions. The site had been in remedy operation status, but MassDEP has already terminated that status as of March 2011 for failure to meet performance standards. A revised phase two comprehensive site assessment was then submitted by Fina to MassDEP in October, 2014.  As of now, a revised phase three or remedial action plan is due to MassDEP by no later than May, 2015.

1/23/15: MassDEP entered into a Consent Order with Martha B. Nields Trust for Solid Waste violations in Hardwick. Today’s Order provides for the closure of a former landfill operation as well as the preservation of adjacent properties as open space by the New England Forestry Foundation.

1/23/15: MassDEP entered into a Consent Order with an $8,500 Penalty involving Uni-Select USA, Inc. for Waste Site Cleanup violations in Lee. Uni-Select is a leading North American distributor of automotive replacement parts with a regional facility located in Stratford, Connecticut. Uni-Select violated oil spill reporting regulations after a diesel fuel spill that occurred in Lee. On 10/22/14 at 1:45 a.m., MassDEP was notified by F.L. Roberts & Company, Inc. regarding a spill of an estimated 20 gallons of diesel fuel to paved surfaces and a storm drain at the Big Y Express Service Station it operates at 320 Housatonic Street in Lee.  F.L. Roberts informed MassDEP that a truck driver had manipulated a diesel fuel nozzle to allow it to function without being attended, and that the spill had occurred when the nozzle fell out of the fuel tank.  The truck driver had left the site after informing the station attendant of the spill, and failed to notify MassDEP of the spill. Uni-Select agreed to pay the $8,500 Penalty and also agreed to prepare oil spill notification and response procedures for it delivery drivers, and provide documentation of employee retraining as part of the Consent Order.

1/23/15: MassDEP entered into a Consent Order with a $1,720 Penalty involving the town of Ashfield’s landfill and transfer station in Ashfield. The landfill and transfer station will address monitoring of universal waste and other environmental management issues. The agreement suspends the full $1,720 Penalty provided the town improves housekeeping at the site and commences environmental monitoring of the landfill.   

1/23/15: MassDEP entered into a Consent Order with a $2,875 Penalty involving T.R. Stone Trucking for Waste Site Cleanup violations in Springfield.  T.R. Stone is a Palmer-based trucking firm with a facility in Springfield. T.R. Stone violated oil spill reporting regulations after a diesel fuel spill that occurred in Springfield on 9/27/14 at 11:53 a.m.  MassDEP was notified by the Springfield Fire Department regarding a release of diesel fuel to paved surfaces and a storm drain at the Irving Service Station at 11 Tapley Street in Springfield.  MassDEP immediately responded to the site and provided oversight of the cleanup.  The operator of the station, L.E. Belcher, Inc., retained an environmental contractor to clean up the spill.  A review of surveillance video indicated a T.R. Stone truck driver had manipulated the diesel fuel nozzle to allow it to function without being attended.  The nozzle had fallen out of the fuel tank, spilling about 15 gallons onto paved areas in the vicinity of the pump island. T.R. Stone officials were contacted by MassDEP and they indicated their driver had not informed them of this spill. T.R. Stone agreed to pay the $2,875 Penalty. T.R. Stone also proactively updated its spill notification and response procedures for its drivers, and retrained its employees prior to meeting with MassDEP at the enforcement conference.

1/23/15: MassDEP entered into a Consent Order with an $11,937.50 Penalty involving Pan Am Railways, Inc. for Waste Site Cleanup violations in Deerfield. Pan Am Railways, Inc. is a North Billerica-based railroad operator with a train yard in East Deerfield.  The company was responsible for a motor oil spill at the train yard on 7/23/14 at 10:47 a.m. Pan Am notified MassDEP of the release of twenty gallons of engine oil from a locomotive to the ground surface and railroad tracks in front of the engine house at the yard. Information provided to MassDEP at the time of the notification and during a field inspection performed on that date indicated that Pan Am had knowledge of the engine oil spill the prior day 7/22/14, at 6:00 a.m. and notification should have been provided within two hours of that knowledge.   Pan Am agreed to pay the $11,937.50 Penalty. Pan Am will update its Environmental Management System Plan (EMS) that was developed as part of a previous enforcement action undertaken by the Commonwealth.  Pan Am employees will be re-trained on procedures contained within the updated EMS.  Pan Am is currently assessing and cleaning up the oil spill in accordance with Massachusetts regulations.

1/23/15: MassDEP entered into a Consent Order with a $1,865 Penalty involving Braintree Laboratories Inc. for Hazardous Waste Management violations in Holbrook. Braintree Laboratories Inc., located at 270 Center Street in Holbrook where on 9/24/14, MassDEP conducted a multi-media inspection of Braintree Laboratories and cited a Class I hazardous waste generator acting out of status violation and a Class III violation for failure to properly maintain air emission records.

1/23/15: MassDEP entered into a Consent Order with a $3,292 Penalty involving Leaktite Corporation for Hazardous Waste Management and Air Quality violations in Leominster. The company failed to obtain the required Air Quality plan approval and generated hazardous waste in excess of its registered status. Today’s Order requires the company to comply with applicable regulations and pay the $3,292 Penalty. This action will help ensure the company complies with applicable regulations going forward.

1/23/15: MassDEP entered into a Consent Order with $2,262 Penalty involving J&J Machine Company, LLC for Hazardous Waste Management violations in Marlborough. The medical and aerospace parts manufacturer failed to register its hazardous waste generation activity, did not make a hazardous waste determination, stored hazardous waste longer than allowed without a license, and did not manage the wastes properly.  The Company has since corrected these violations. This action will help to ensure future compliance with the regulation and involved application of MassDEP’s small business policy to reach an equitable enforcement order.

1/16/15: MassDEP entered into a Consent Order with a $19,000 Penalty involving Hamid Shirkhan for Wetlands Protection Act violations at 15 Smith’s Point Road in Manchester-by-the-Sea.  After being issued an enforcement order by the local conservation commission in 2010 for the construction of landscaping walls on a coastal bank, and subsequent lengthy permit denial, Shirkhan in 2013 was issued an after-the-fact superseding order of conditions by MassDEP that would have allowed a portion of the project to remain but require him to remove the wall.  In August 2014, MassDEP found that Shirkhan had failed to remove a wall, and, constructed an additional stone wall and extended a planting bed on the coastal bank in violation. Today’s Order requires Shirkhan to remove the new wall (and a planting bed) and, further for him to stabilize and restore that area of coastal bank with long-term monitoring.  Additionally, Shirkhan is required to remove the wall as required or in the alternative, to file a notice of intent and receiving an order of conditions allowing the wall to remain after demonstrating no feasible alternative and providing mitigation for the alteration of coastal bank.  Today’s Order also requires payment of $7,500 with the remaining $11,500 suspended if in compliance by 10/31/17.

1/16/15: MassDEP entered into a Consent Order with a $5,750 Penalty involving Advance Stores Company, Incorporated, for Hazardous Waste Management violations in Chicopee. Advance Stores Company owns and operates multi-state auto parts supply stores.  MassDEP’s inspection of the company’s Chicopee location identified that the facility did not label universal waste (fluorescent bulbs) and had disposed fluorescent bulbs in the dumpster.  In addition, the store had the following violations: had not delineated its hazardous waste (waste oil) accumulation areas; had no accumulation start date on its waste-oil tank; had not maintained copies of manifests at the store; had not kept closed the hazardous waste container stored outside; had not kept a secondary-containment for hazardous waste stored outside; had an open trash-can containing waste oil absorbent material; and, finally, did not make a hazardous waste determination of waste.  Advance Auto responded quickly to address the violations and has agreed to conduct environmental audits at it stores located in Massachusetts.   As part of the settlement agreement, Advance Auto will pay $1,750. MassDEP has agreed to suspend an additional $4,000 pending the company’s compliance with the terms of the agreement.

1/16/15: MassDEP issued a Demand for a Previously-Suspended $1,450 Penalty to Dolomite Products, Inc. for failure to comply with terms of an existing Consent Order. Dolomite, d/b/a Clemente Fane Concrete in Pittsfield, failed to comply with the terms and conditions of an Order entered into with MassDEP on 1/31/13.  The Order required the company to cease all discharge of industrial wastewater to the surface waters of the Commonwealth at its Pittsfield facility and to implement an industrial-wastewater management plan by no later than one (1) year from the effective date of the Order.  During an inspection of the facility on 11/20/14, MassDEP observed continued industrial wastewater discharges to the surface waters of the Commonwealth.  Specifically, MassDEP observed industrial wastewater generated at the mixer-truck loading area draining to the surface of the ground, flowing through a series of culverts and entering the facility storm-water-collection system that discharges to Barton Brook.

1/16/15: MassDEP entered into a Consent Order with a $19,000 Penalty involving Hamid Shirkhan for Wetlands violations at 15 Smith’s Point Road in Manchester-by-the-Sea.  After issuance of an enforcement order from the Manchester conservation commission in 2010 for the construction of landscaping walls on a coastal bank without authorization, and subsequent lengthy permit denial and appeal/settlement history, in June 2013, Shirkhan was issued an after-the-fact superseding order of conditions by MassDEP that would have allowed a portion of the project to remain. Shirkhan, however, had to remove one wall.  Subsequently, in August 2014, MassDEP found that Shirkhan had failed to remove that wall, and, instead had constructed an additional stone wall and extended a planting bed on the coastal bank. This represented a violation. Today’s Order now requires Shirkhan to remove the new wall and planting bed, and, to stabilize and restore that area of coastal bank with long-term monitoring. Additionally required is the removal of the wall as required, or in the alternative, filing a notice of intent, and seek to have it receive an order of conditions allowing the wall to remain after demonstrating no feasible alternative and providing mitigation for the alteration of coastal bank. Today’s Order also contains an administrative penalty of $7,500 paid with the remaining $11,500 suspended if Shirkhan and this site can demonstrate compliance by 10/31/17.

1/13/15: MassDEP entered into a Consent Order with a $20,000 Penalty involving Berklee College of Music, Inc. involving Waste Site Cleanup violations at 168 Massachusetts Avenue in Boston.  Berklee College of Music, Inc. is the owner and/or operator of the property where specific violations included: failure to notify and a discharge to surface and groundwater that was not appropriately treated to remove contamination.

1/12/15: MassDEP entered into a Consent Order with the town of Wilbraham Water Department to address environmental compliance issues. The Water Department in Wilbraham under today’s Amendment will address emergency response procedures and install generators or connections for generators at two of its pump stations.   

1/7/15: MassDEP entered into a Consent Order with a $9,512 Penalty involving Zecco Marine for Wetlands violations at 2 Warr Avenue in Wareham. Zecco Marine, LLC was in violation for the expansion of an existing marina authorized under License No. #8288 in 2001 and several previous authorizations.  The violation involves approximately 23 finger piers and floats and float expansions to the existing marina without authorization under Chapter 91 of the Massachusetts General Laws.   The total amount of the penalty is $9,512 with $2,378.00 to be paid within 30 days. The Order also contains a Supplement Environmental Project valued at $10,530 to provide a boat slip for the next three (3) years to the Wareham Harbormaster at no cost to the town of Wareham.  The proponent has a pending Waterways application, which is currently under review for licensing.  

1/7/15: MassDEP entered into a Consent Order with Mountain View Campground, Inc. for Water Supply violations in Otis. MassDEP concluded the order with Mountain View Campground, Inc. to address repeated incidents in which the maximum contaminant level for total coliform bacteria was exceeded. Today’s Order includes response actions should additional incidents occur.

1/6/15: MassDEP entered into a Consent Order with Hendee, LLC, for Waste Site Cleanup violations in Springfield. Hendee, LLC will address violations related to a discovery of Non-Aqueous Phase Liquid (NAPL) that was first reported to MassDEP in 2008. In December, 2010 Hendee acquired the property and assumed responsibility for future cleanup actions.  On 4/5/11, the submittal of a new tier classification (site ranking) opinion re-established a new deadline of 4/5/13 for Hendee to submit the phase two, or comprehensive site assessment, and phase three, or remedial action plan. Today’s Order now sets new submittal deadlines of 4/7/15 for the phase two, and 4/7/16 for the phase four, or remedy implementation plan. This is following the receipt of four notifications of a delay that had been submitted on behalf of Hendee in which the need for more off-site migration data was cited as necessary.

1/5/15: MassDEP entered into an Amendment to an existing Consent Order with Ziad Fouad Nabbot for Waste Site Cleanup violations at 86 Jackson Street in Salem. Nabbot failed to comply with the terms of an 8/22/14 Order.  Today’s Amendment re-sets deadlines for the submittal of a revised, a permanent or a temporary solution statement. Also, either a status report on measures taking to address (abate) this release, or a report on a completion of those steps to address (abate) this release. In light of the failure, Nabbout will pay $2,500 of the $5,490 suspended Penalty from the Consent Order.  

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