Commercial Property Owner in Medford Penalized $10,000 for Conducting Improper, Unauthorized Cleanup
BOSTON - The Massachusetts Department of Environmental Protection (MassDEP) has penalized Lexington Savings Corp., LLC $10,000 for conducting cleanup activities during 2016 at a formerly contaminated site, in direct violation of an Activity and Use Limitation (AUL) on the property at 20 Cabot Road in Medford. Lexington Savings Bank is the current owner of the commercial property, which had undergone a cleanup of oil and hazardous materials that concluded in 1999.
Under the terms of the AUL, commercial and industrial use of the property is allowed. However, certain obligations and conditions were imposed in the AUL, including maintaining existing foundations, buildings, concrete pavement and existing topsoil/loam surficial soil layers. In the event of intrusive activities below the protective cover, a safety plan is required to be implemented and management of excavated materials conducted in accordance with applicable MassDEP policies.
"A deed restriction like this is in place on the future activity at a site and it is there for a reason, and that is to protect health and safety," said Eric Worrall, director of MassDEP's Northeast Regional Office in Wilmington. "In this case, it's unacceptable that the proper protections and regulations in force were not followed."
On October 3, 2016, MassDEP was notified that the work at 20 Cabot Road included 600 gallons of water pumped from an excavation and 65 cubic yards of soil had been excavated and stockpiled at the site since August 17, 2016. Conducting this type of work without submitting a complete plan and obtaining approval from MassDEP is a violation.
Lexington Savings Corp. will pay $7,500 of the penalty and the remaining $2,500 will be suspended provided all terms of the consent order are met.
MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills and the preservation of wetlands and coastal resources.
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