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.