For Immediate Release - September 05, 2013

Concord Company Assessed $5,692 Penalty for Failing to Restrict Access to Contaminants Below Surface at Worcester Site

BOSTON - The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $5,692 penalty to Lincoln Crossing, LLC of Concord for violating environmental cleanup requirements at 90 May Street in Worcester.

A Notice of Activity and Use Limitation (AUL) was recorded with the Worcester Registry of Deeds for the site in April 1995 to prevent future exposure to soil contamination from former manufacturing activities at the site.

However, during a May 2012 MassDEP inspection at the property now owned by Lincoln Crossing, earth moving activities by a tenant at the site were observed without a required health and safety plan or soil management plan, both violations of the 1995 AUL. In addition, MassDEP determined that the AUL was deficient and not referenced in the tenant's lease as required by cleanup regulations.

As part of a negotiated agreement with MassDEP, Lincoln Crossing, LLC has agreed to record an amended deed restriction and pay $4,000 of the assessed penalty. The remaining penalty will be suspended as long as there are no further violations for a period of one year.

"Notices of Activity and Use Limitations are critical tools to prevent exposure to residual contamination," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "It is the responsibility of the site owner to ensure tenants are informed of restrictions and that the AUL is adhered to."  

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.