For Immediate Release - November 14, 2013

Ohio Company Assessed $9,366 Penalty for Failure to Properly Manage Contaminated Soils During Construction Project in Northbridge

BOSTON – The Massachusetts Department of Environmental Protection (MassDEP) has assessed a penalty of $9,366 to ADV Whitinsville Associates, LLC of Ohio for environmental violations that occurred during and after the development of its property located at 277 Church Street in Northbridge.

The company took the property contaminated by a former gasoline service station and redeveloped it into an Advanced Auto Parts retail store. A release of petroleum had previously been identified on the property from former gasoline station operations. The company conducted soil and groundwater testing, but failed to prepare a remediation plan and submit it to MassDEP prior to constructing a building in the contaminated area.

A MassDEP audit of the final closure report from the company found that adequate health and safety procedures were not followed during site construction and cleanup. Also, the site deed restriction was filed improperly and did not identify all interest-holders of record on the property, as required.     

“Submittal of and adherence to a proper remediation plan would have ensured that the appropriate safety measures were in place for workers involved in site redevelopment activities,”  said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester, “The plan also would have ensured that any potentially contaminated soil and groundwater were handled properly.”

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.