Harbor Marina of Plymouth Penalized $37,400 for Chapter 91, Waterways Licensing Violations
Organization Installed Floats and Appurtenances without Prior Approval
BOSTON - The Massachusetts Department of Environmental Protection (MassDEP) has penalized Harbor Marina of Plymouth, Inc., operating as Brewer Plymouth Marine, $37,400 for installing floats and related marine structures and appurtenances without approval and for operating a restaurant in a structure that had been approved in its license for use as a dock office and rest room.
Since 1902, a total of 10 waterways licenses have been issued for various structures and uses at the property on Union Street in Plymouth where the marina is located. The property was sold to the present owner in 1992. On January 26, 2010, the owner sought to amend a 1982 license that was for floats, piles, restrooms and a dock office. The marina was seeking approval to construct an additional connecting float and finger float.
During its review, MassDEP found multiple violations, including: a change in use at the marina, a restaurant was being operated within the structure that had been licensed as a dock-office; several unlicensed fixed boat rack storage systems were in place; an unlicensed pile-held floating tire breakwater was installed; and structures that were built larger than those that had been approved. MassDEP also found that the modifications, for which Brewer Plymouth Marina was now seeking approval, had already been installed.
"Brewer Plymouth Marine made modifications to structures at the marina that required prior review and authorization to ensure that the public's right of access to the waters of the Commonwealth was not infringed," said Philip Weinberg, director of MassDEP's Southeast Regional Office in Lakeville. "Chapter 91 licensing has its origins in the colonial ordinances concerning the right of public access to the waters of the Commonwealth and it remains a vital inheritance for us today."
The marina will submit as-built plans for the entire site within 45 days, and MassDEP will then require any non-compliant structures to either seek after-the-fact approval and be brought into compliance with Chapter 91 requirements or be removed. The marina will also pay $18,700 of the assessed penalty with the remaining amount suspended pending compliance with the terms of the consent order.
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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