For Immediate Release - October 30, 2013

MassDEP Penalizes R.J. Kelly Company $40,000 for Failure to Complete Cleanup of Former Gasoline Station in Burlington

BOSTON - The Massachusetts Department of Environmental Protection (MassDEP) penalized the R.J. Kelly Company and its owner and operator, Richard J. Kelly, $40,000 for failing to properly clean up petroleum contamination emanating from a gasoline station he owned at 116 Cambridge Street in Burlington. Kelly and his firm must also pay an additional $5,200 settlement amount for missed cleanup deadlines by which he avoided paying compliance fees.   

In addition to the penalties, Kelly must complete timely cleanup actions based on the following   deadlines: by December 1, 2013, a comprehensive site assessment; by March 1, 2014, a cleanup action plan; by June 1, 2014, an implementation plan for the cleanup; and by December 1, 2014, a final cleanup outcome report or a status report of ongoing remediation.  

"The long delay and failure to meet required cleanup deadlines at this property were unacceptable.  We are pleased that, through this settlement, the responsible party has agreed to do what the law requires," said Eric Worrall, director of MassDEP's Northeast Regional Office in Wilmington. "Anyone who contaminates the environment simply must ensure that the cleanup is done properly and fully."

Kelly owned and operated a gasoline station at 116 Cambridge Street where a release was first reported in December 1985 when the underground storage tanks were removed. Subsequent cleanup actions were initiated by Kelly in 1988 and sporadically until 2001.

Beginning on June 18, 1999, Kelly began, and repeatedly alleged over the years, that any remaining contamination was not related to his property, but to another gasoline station. MassDEP believes that the facts do not support Kelly's allegation. MassDEP has agreed to suspend half the $40,000 assessed penalty provided that Kelly meets the cleanup deadlines and all 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.