December 2004

12/29/04: DEP issued a Unilateral Administrative Order and a $35,355 Penalty Assessment Notice to Assinippi, Inc. This is the second enforcement action for the same violations involving the company, which is the owner of Merchant Row Shopping Mall in Hanover. Today's actions were taken as a result of continued violations involving the Mall's Groundwater Discharge Permit, Operation and Maintenance and modifications to a wastewater treatment facility without approval. Sewage flows from the Mall are directed to a wastewater treatment facility that is permitted to treat an average of 20,000 gallons per day. Due to numerous existing site conditions, the wastewater treatment facility has been experiencing strong odors. The owner of the Mall added several types of odor control devices that in addition to being ineffective lacked the proper approval.

12/29/04: DEP entered into a Consent Order with the Texas Instruments Inc. (TI) and Engineered Materials Solutions Inc. (EMSI) to establish a compliance schedule in order to allow TI's wastewater treatment facility in Attleboro to accept hazardous industrial wastewater from EMSI. Both facilities are located at 34 Forest Street in an industrial complex in Attleboro.

12/29/04: DEP entered into a Consent Order with a $10,000 Penalty involving the Town of Framingham & Revoli Construction (of North Reading) for Wetlands violations. Revoli, which was hired by Framingham to install a water transmission line, was found in June, 2004 to have violated the Wetlands Protection Act by not controlling erosion, not having siltation controls in place and causing the unpermitted alteration of land under a stream. In addition to the Penalty, Revoli agrees to restore the impacted area.

12/28/04: DEP issued a Unilateral Administrative to Gengel C&S Builders for wetlands violations at a subdivision project in Rutland. DEP determined Gengel had failed to prevent erosion and sedimentation resulting in silt deposition into an intermittent stream. DEP's Order requires Gengel to stabilize the site immediately and to provide the Department with a comprehensive erosion control plan and an evaluation of impacts to the stream within 30 days. Penalty assessments are anticipated.

12/23/04: DEP entered into a Consent Order with a $100,000 penalty involving Colonial Shopping Center Inc. for Waste Site Clean Up violations. The company failed to fully remediate chlorinated solvent contamination in groundwater at the Shopping Center, which is located at 85 River Street in Waltham. Deadlines have been established in this Order for completion of response actions. DEP agreed to suspend $25,000 of the Penalty provided all terms of the Order are met. The owner, Colonial, had failed to conduct response actions even after DEP issued a Notice Of Noncompliance in January 2003. The owner had also failed to perform the required Immediate Response Actions to address an Imminent Hazard impacting both commercial and residential properties. The Imminent Hazard has since been abated as a result of DEP enforcement, and deadlines have been established for completion of response actions.

12/22/04: DEP entered into a Consent Order with a $32,430 Penalty involving 2-10 Court Street LLC of Plymouth for allowing an unlicensed asbestos contractor to remove asbestos containing materials, or ACM. The company removed ACM from a commercial building prior to performing interior demolition activities, and rendered the ACM friable. DEP was not notified of the abatement activities, proper work practices were not used and materials were not disposed at an approved sanitary landfill site for special waste.

12/21/04: DEP entered into a Consent Order with a $10,000 Penalty involving TJJ Development Corp. for Wetlands violations at the company's Northbridge facility. TJJ failed to comply with several conditions of their Order at their Solid Waste Transfer Station requiring the company to move waste further away from wetlands, to construct the replication area required in the original Order, and to construct storm water improvements on the site.

12/21/04: DEP entered into a Consent Order with a $11,395 Penalty involving Revere Copper Products, Inc. of New Bedford for violations of the Hazardous Waste and Air Quality Regulations. A multi-media inspection revealed the company had not complied with: the 90-day timeline to ship hazardous waste off-site, emergency preparation and procedures, annual training requirements, labeling requirements and had switched fuel oil without DEP approval. In addition to bringing the facility into compliance, the company will engage an outside consulting firm to audit the facility's current internal Environmental Management Systems (EMS). The EMS will recommend improvements and provide a Multi-Media audit checklist that should facilitate future compliance. DEP agreed to suspend $7,520 upon implementation of the EMS.

12/21/04: DEP entered into a Consent Order with a $14,250 Penalty involving, Wheaton College of Norton. DEP agreed to suspend the penalty, and the College agreed to timelines that will develop, permit, and construct enhancements to its wastewater treatment facility. The improved facility will be designed to attain compliance with Wheaton's recently revised National Pollution Discharge Elimination System (NPDES) Permit issued jointly by the EPA and DEP. This action culminates a cooperative EPA/DEP compliance & enforcement action where EPA focused on past violations, and DEP focused on future compliance.

12/20/04: DEP issued a Unilateral Administrative Order and Notice of Intent to assess a $46,702.50 Penalty to Templeton Auto Parts of Templeton. Frederick Hutchinson, the proprietor, was cited for illegal storage of approximately 30,000 used tires. The order requires Mr. Hutchinson to remove the tires.

12/19/04: DEP entered into a Consent Order with a $17,250 Penalty involving Boston Ship Repair (BSR) of South Boston. The company had installed and operated equipment that emits in excess of 5 tons per year of Volatile Organic Compounds for approximately 10 years without approval in violation of air quality regulations. BSR has filed the necessary plans, and DEP will issue its approval concurrently with the signing of this Order.

12/17/04: DEP executed a Consent Order with a $10,200 Penalty involving Sem-Tec, Inc. of Worcester for Hazardous Waste violations. An inspection by DEP, noted that Sem-Tec failed to follow numerous waste-oil container requirements, including the storage of waste oil for an extended period of time. DEP agreed to suspend $9,700 of the Penalty based on financial hardship.

12/17/04: DEP entered into a Consent Order with a $4,020 Penalty involving Benjamin Moore & Co. of Milford for Hazardous Waste violations. DEP observed the company generated and accumulated hazardous waste in excess of Very Small Quantity Generator Regulations. The total Penalty reflects, in part, past compliance fees.

12/17/04: DEP entered into a Consent Order with a $3,905 Penalty regarding Modern Dispersions, Inc. of Leominster for Air Quality and Hazardous Waste Violations. DEP personnel observed the company failed to maintain air pollution control equipment, generated hazardous waste in excess of Small Quantity Generator Regulations, and failed to comply with other hazardous waste container management requirements. The total Penalty reflects, in part, past compliance fees.

12/17/04: DEP entered into a Consent Order with a $2,000 Penalty regarding MASSPOWER of Springfield for Air Quality violations. The company failed to address excess emissions (Nitrogen Oxide or NOx) that resulted from lost steam injection to a combustion turbine. A contractor who was operating the facility's overhead crane caused the incident when the crane power cable caught on, and broke, the piping.

12/17/04: DEP executed a Consent Order with a $7,870 Penalty regarding Archer Rubber Company of Milford for Air Quality and Hazardous Waste Violations. DEP personnel observed the company generated hazardous waste in excess of Small Quantity Generator Regulations. The company also failed to accurately complete an Emission Statement, failed to operate in accordance with its Air permit and allowed excessive particulate emissions. The total Penalty reflects, in part, past compliance fees.

12/17/04: DEP entered into a Consent Order with a $6,000 Penalty regarding SolmeteX of Northborough for conducting hazardous waste treatability without first obtaining DEP approval or registering as a small quantity generator. The company develops and manufactures systems that recover mercury and other heavy metals from wastewater. SolmeteX has since sought and obtained DEP approval to perform waste treatability studies.

12/16/04: DEP entered into a Consent Order with a $2,500 Penalty regarding OilMan, Inc. for Waste Site Clean Up violation at 91 Walnut Street in Wrentham. The company, which is based in Foxboro, failed to notify DEP of a release of oil caused by the overfilling of the above ground storage tank.

12/16/04: DEP entered into a Consent Order with an $11,000 Penalty regarding the Town of Barre for violating its Water Management Act, registration statement. The Town was exceeding its water withdrawal rate without first applying for a permit. Under the Consent Order, the town agreed to implement a number of water conservation measures designed to decrease average- and peak-day demand. The Town will prepare a service meter replacement program, conduct a leak detection survey, and evaluate the rate structure. The Town must meet the performance standards of 10% unaccounted for water and 65 residential gallons per capita day. If after fully complying with the terms of the Order, the Town still exceeds the authorized withdrawal, the Town will obtain revised water use projections and submit a WMA permit application. DEP agreed to suspend $8,000 of the Penalty provided the town meets the compliance deadlines.

12/16/04: DEP issued a Demand for $4,000 in Stipulated Penalties to Clean Harbors Environmental Services of Braintree. The company, a licensed hazardous waste transporter, was issued the Demand for violations of a consent order the company signed with DEP last June. The violations include late and inaccurate monthly operating report submissions.

12/16/04: DEP issued a Unilateral Administrative Order (UAO) with a $39,000 Penalty Assessment Notice to Robert Perry for operating cranberry bogs without permits, and failing to respond to a previous UAO issued by the Department on 11/17/04. The bogs are located off of Beach Street in South Middleboro.

12/15/04: DEP entered into a Consent Order with Wellfleet Municipal Landfill, an inactive sanitary landfill located on Coles Neck Road in Wellfleet. The landfill ceased accepting waste in 1992, at which time it was covered and graded with clean soil. Today's Order ensures the landfill will be formally and adequately capped and closed by 8/1/05 and a closure certification report submitted for DEP approval by 10/1/05

12/15/04: DEP entered into a Consent Order with a $4,600 Penalty involving Electro-Optical Division of Kollmorgen Corporation of Northampton for Air Quality violations. The company was operating a spray booth without approval from the DEP. DEP discovered the violations during an inspection on March 26, 2004. The Company has since submitted the appropriate application to obtain an approval.

12/15/04: DEP entered into a Consent Order with a $10,000 Penalty regarding Williamsburg Home Improvement to address the illegal removal of asbestos siding from a residential property in Northampton. DEP agreed to suspend $6,000 of the Penalty provided the company (Norman Zaleski, the principal agent) remains in compliance with asbestos regulations when performing construction/renovation work for 24 months.

12/15/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Northeast Generation Services Co. of Holyoke. DEP entered into the Order with Mount Tom Station, to address a visible emission violation that occurred on 7/24/04. The violation was the result of a malfunction of the particulate emission control system associated with the utility boiler. In addition to paying a $5,750 penalty, the Company has agreed to immediately implement specific measures that will assist facility personnel to more easily identify the cause of emissions problems and to correct any problems as expeditiously as practicable.

12/15/04: DEP executed a Consent Order with a $1,000 Penalty regarding the Town of Millville for solid waste violations. The Town failed to control leachate runoff and failed to prevent the unauthorized disposal of waste materials at the inactive Millville Landfill. Additionally, the Town failed to implement an effective storm water pollution prevention plan related to the their salt storage facility at the same location. In addition to the Penalty, the Town will also host a Household Hazardous Waste Collection for residents. Millville has also agreed to properly cap and close the landfill and develop a storm water runoff plan for the salt storage facility.

12/14/04: DEP entered into a Consent Order with a $5,000 Penalty involving New England Surface Maintenance, LLP for asbestos violations in Stoughton. The company, which is based in Weymouth, is a licensed asbestos removal contractor that was hired by the Town of Stoughton to remove asbestos from two classrooms at Stoughton High School. DEP, as part of its asbestos initiative, targeted for inspection asbestos removal projects being conducted at schools in order to determine whether those projects were being accomplished in a manner that protected public health and the classroom environment. Inspection of the classrooms by DEP indicated there were remnants of fibrous asbestos material on pipes connected to two heating units in the classrooms. Today's Order requires the company to come into compliance with the requirements for proper removal of asbestos at the school. Additionally, in lieu of paying a penalty in the amount of $5,000, NESM conducted a Supplemental Environmental Project (SEP) for the Town of Stoughton. The SEP consisted of the proper removal of additional asbestos containing materials from Stoughton High School.

12/13/04: DEP entered into a Consent Order with Yankee Atomic Electric Company in Rowe. The Department entered into the Order following the self-reporting of potential non-compliance with a Special Condition of the Final Order of Conditions for the site. The non-compliance disclosed involved the excavation of a shallow layer of soil during the installation of a crane pad beyond that permitted in the Final Order of Conditions for the decommissioning of this nuclear power plant. Electronic reporting for this project is required as part of the project and allowed the Department to respond promptly and ensure that the violation remained minor.

12/13/04: DEP entered into a Consent Order with a $3,500 Penalty involving The International Golf Course in Bolton for violation of the Water Management Act in 2001. In 2001 the facility's water use for irrigation purposes exceeded authorized withdrawal amounts under the permit issued by DEP. Since that time, through aggressive conservation measures adopted by the company, water use has been significantly reduced and is within the permitted levels.

12/13/04: DEP entered into a Consent Order with a $56,250 Penalty involving Ronald J. Gemma of Westford for Air Quality (asbestos) violations located at 18 Carlisle Road in Westford, Massachusetts. DEP inspectors identified the violations during an inspection of 18 Carlisle Road in Westford in March 2004. The violations included an asbestos-sided shed on the property had been demolished without notification, and without following the required handling, packaging and disposal procedures. Dry, uncontained, pieces of asbestos siding were observed on the ground and mixed with other demolition debris in an open top roll-off located at the site. Upon discovery of the violations, Gemma was required to hire a Massachusetts Division of Occupational Safety licensed asbestos contractor to properly handle, package and dispose of all the asbestos containing waste materials, and to decontaminate all impacted areas of the property. Based on application of the DEP's policy on compliance incentives for homeowners, $51,250 of the Penalty is suspended.

12/13/04: DEP agreed to a Consent Order with a $5,000 Penalty regarding Norampac of Leominster for Hazardous Waste violations. Norampac, a cardboard box manufacturer, also violated Toxics Use Reduction Regulations and will be responsible for associated fees in excess of $40,000. While conducting a compliance inspection in July of 2004, DEP personnel observed the Company had failed to completely report toxic chemical use for 2001, 2002 and 2003 and was storing Hazardous Waste Oil longer than allowed by its registration.

12/13/04: DEP entered into a Consent Order with a $2,500 Penalty regarding Bovenzi, Inc. for Wetlands violations at Bridle Cross Estates in Fitchburg. Bovenzi also agreed to perform a Supplemental Environmental Project (SEP) valued at $7,500. Under the SEP the Massachusetts Watershed Coalition will implement a public education project designed to help protect the surrounding watersheds that contain reservoirs for water supplies in Leominster. DEP inspected the site on 8/18/04 in response to a complaint, and observed that grading activities within a Bordering Vegetated Wetland and along the bank of an intermittent stream had occurred in noncompliance with an Order of Conditions issued for the site. These activities resulted in alteration of approximately 65 linear feet of stream bank and 800 square feet of Bordering Vegetated Wetland.

12/13/04: DEP entered into a Consent Order with a $10,000 Penalty involving Bovenzi, Inc. of Fitchburg for wetlands violations. During construction of a temporary road crossing on their subdivision in Fitchburg, damage was caused to an Outstanding Resource Water and intermittent stream that drains to Notown Reservoir. Bovenzi agreed to provide $7,500 of the Penalty to the Massachusetts Watershed Coalition as a Supplemental Environmental Project (SEP). The SEP will provide educational material to local residents and officials on water protection/water quality in the Notown Reservoir watershed. Bovenzi also agreed to restore the damaged wetland completely during the spring of 2005.

12/12/04: DEP entered into a Consent Order with a $10,000 Penalty involving T.J.J. Development Corp. for wetlands violations at the company's Transfer Station in Northbridge. The company failed to comply with several of the conditions in an Order of Conditions for work within a resource area. In addition to the Penalty, the company has agreed to replicate wetlands, remove Solid Waste from wetlands buffer zones, and to construct storm-water improvements.

12/10/04: DEP entered into a Consent Order with a $1,250 Penalty involving John Sneade for wetlands violations in Holland. Sneade, a small builder, violated a superseding order of conditions including failure to record the permit at the registry of deeds, failure to provide prior notice of commencement of work, and commencement of the work without proper erosion and sedimentation controls. DEP agreed to suspend the Penalty provided all terms of the Order are met through completion of the projects.

12/10/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Pittsfield Generating Company of Pittsfield for Air Quality violations. The cogeneration facility reported on 5/7/04 an exceedence of its allowable NOx emission rate. The Company took immediate steps to remedy the problem. Pittsfield Generating has also agreed to take measures that will help prevent a similar incident from occurring in the future.

12/10/04: DEP entered into a Consent Order with a $5,750 Penalty involving Tamarack Ski Corporation of Pittsfield for failure to obtain a plan approval prior to the installation and operation of a diesel generator. Tamarack, which runs a recreational ski area, has agreed to obtain the requisite plan approval. DEP agreed to suspend $4,750 of the Penalty provided the corporation complies with all terms of the Order.

12/10/04: DEP issued a Unilateral Administrative Order to Joseph & Lois Hubacz of North Brookfield for Wetlands violations. The Order addresses the filling of wetlands along the bank of a stream on their property at 42 Mad Brook in North Brookfield. The Order requires the owners immediately cease from further activity in this area.

12/10/04: DEP entered into a Consent Order with a $5,750 Penalty involving West Side Finishing Co. Inc. of Holyoke for Air Quality and Hazardous Waste violations. During an inspection of this metal-finishing facility by DEP on 3/13/04, it was noted the company had failed to operate a paint spray booth in accordance with its plan approval. West Side Finishing has agreed to correct the violations; DEP has agreed to suspend $2,875 of the Penalty provided all terms of the Order are met.

12/9/04: DEP entered into a Consent Order with a $50,000 Penalty involving Thomas Gayoski, Jr. that will restore a Bordering Vegetated Wetland (BVW) in Rochester. The full restoration of BVW will require removing areas of fill and cranberry bog in production. DEP agreed to suspend $25,000 of the Penalty if the required work is completed. Initially, the Rochester Conservation Commission issued an Order of Conditions (OOC) to Mr. Gayoski on 4/18/1978 that allowed the construction of a 60 by 64 ft. pond in wetland. A second OOC dated 1/25/1982 allowed conversion of 29 acres of pine and swamp maple to cranberry bogs. However, in 1988, the Rochester Conservation Commission issued Certificates of Compliance for these projects stating the work was now complete and closed out the permits. Recently, a computer program identified areas of Gayoski's property showing that a total of 4.9 acres of BVW were converted to cranberry bogs between 1996 and 2001. Information also showed work continued after the orders were issued and without valid permits.

12/9/04: DEP issued a $16,962 Penalty Assessment Notice (PAN) to Robert Littler for Asbestos violations. DEP discovered the violations at a building owned by the F.L. & J.C. Codman Company in Rockland. Littler (an independent contractor) was hired by the Codman Company to repair and replace windows at the facility. DEP observed a number of open cardboard drums filled with broken transite asbestos shingles and also observed broken shingles scattered on the ground behind the building. Littler failed to properly notify and failed to use proper work practices intended to ensure safe removal, handling and disposal of asbestos containing materials.

12/9/04: DEP issued a Unilateral Administrative Order to Worcester Paradise Point Realty Trust in Worcester for Wetlands violations. The Trust failed to control erosion resulting in the discharge of silt and sedimentation to Poor Farm Brook in Worcester. This action is the product of joint inspections by the Strike Force and DEP staff during rainstorm events. The Order requires the applicant to immediately stabilize the site and to submit a report to DEP within 30 days that evaluates Wetlands impacts.

12/9/04: DEP entered into a Consent Order with a $4,315 Penalty involving Cable Mills LLC of Williamstown. Cable Mills, a real estate development corporation in Cambridge, failed to notify DEP of a release of fuel oil from an underground storage tank at the Williamstown site within 120 days of acquiring knowledge of the release. Cable Mills acquired the site on 10/22/03 from BICC General Cable Corp. with knowledge that a reporting condition existed but DEP wasn't notified until 6/4/04 about the release condition. DEP agreed to suspend $2,157 of the Penalty provided Cable Mills complies with all terms of the Order. 12/7/04: DEP entered into a Consent Order with an $11,022 Penalty regarding Health Alliance Hospitals, Inc. of Leominster for violations of state Hazardous Waste, Air Quality and Environmental Results Program regulations. An inspection of the facilities located at 60 Hospital Road revealed the hospital had installed equipment without obtaining an air permit and failed to certify existing boiler equipment. The hospital also failed to properly notify the DEP of their Hazardous Waste status or properly manage the accumulated waste. In addition to bringing the facility back into compliance, the Company must submit an air quality application to restrict facility-wide emissions below major thresholds. A portion of the Penalty ($6,922) will be devoted to a Supplemental Environmental Project (SEP) that will install six (6) power plug-ins for ambulances at the facility's ER entrance. This will allow ambulance drivers to maintain power to on-board equipment without idling their engines. Exhaust fumes have been connected to respiratory diseases such as asthma and lung cancer and linked to heart disease.

12/07/04: DEP entered into a Consent Order with a $5,000 Penalty involving Marceline Salvage Company of Harwich for Solid Waste violations. The company is a town-licensed auto salvage/junk yard consisting of approximately fourteen acres covered with junk vehicles, hundreds of flattened vehicles in twenty-foot raised piles along with miscellaneous piles of vehicle parts. DEP personnel conducted site inspections on 9/18/02 and 4/7/04 and identified the Solid Waste violations. Today's Order establishes an aggressive schedule to correct all violations and remove the solid waste (primarily vehicle parts coated with grease & oil) that had been maintained in piles for many years without being reclaimed or recycled in a timely manner. Stacks of flattened vehicles were also maintained on site for over four years without being shipped for salvage. In addition, mounds of tires and thousands of vehicle batteries were at the site. Part of the Penalty ($3,000) will go towards a Supplemental Environmental Project (SEP) that will develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP). The site occupies a location nearby Route 6 on the Cape and near cranberry bogs and Hinckley's Pond in Harwich.

12/04/04: DEP entered into a Consent Order with the Estate of David Bailey of Rockland for Solid Waste violations. The Estate agreed to remove buried solid waste that was used to back fill a gravel borrow pit in the early 1970's, and remove approximately 6,000 cubic yards of Auto Shred Residuals (ASR, "auto fluff) and backfill with clean gravel. The property is located in a commercial area that abuts residential properties.

12/2/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Westford School Department for Groundwater Discharge violations. The violations occurred at the Westford Academy complex, which serves the High School, an elementary school and a middle school. Under the terms of consent order the Town must hire an independent wastewater treatment specialist to evaluate the current operations at its facility, and to prepare a schedule of recommended actions steps to correct the permit violations. DEP agreed to suspend $4,750 of the Penalty provided all terms of the Order are met.

November 2004

11/30/04: DEP entered into a Consent Order with a $19,000 Penalty involving the Mass/Development/Devens Commerce Center in Devens. Mass/Development was cited for violations of its groundwater discharge permit. Under the settlement Mass/Development agreed to make operational and structural improvements at its wastewater treatment facility, and to pay a penalty of $19,000, of which $10,000 is due within thirty days. The Department agreed to suspend the remaining $9,000 if Mass/Development complies with the Order and does not violate its permit for a period of one year.

11/30/04: DEP issued a Unilateral Administrative Order to Mill Valley Golf Links in Belchertown to cease construction activities that DEP determined was in the Zone I of the community's public water system well.

11/29/04: DEP entered into a Consent Order with a $5,000 Penalty involving Paul & Lynne Evans, owners of property at 103 Summer Street in Revere. The Evans altered 1,000 s.f. of riverfront area, 50 s.f. of salt march and coastal bank. By the end of '04, the Evans must submit for approval a restoration plan. The DEP agreed to suspend $3,500 of the Penalty if the restoration work is achieved by 11/1/05.

11/29/04: DEP entered into a Consent Order with a $5,750 Penalty involving the City of Worcester. The Order establishes that the city will address water quality issues regarding a stone-lined channel located on the eastern side of the Greenwood Street landfill that drains into the Blackstone River. Under the Order, the city and DEP identified the issues necessary for a corrective action design for the landfill, including capping of pipes and dredging of sediments that have accumulated in the channel. DEP agreed to suspend the Penalty, pending completion of the work.

11/24/04: DEP entered into a Consent Order with an $8,000 Penalty regarding F.L. & J.C. Codman Company of Rockland. The company was cited for failure to properly label containers used for storage of asbestos-containing materials and storing that material at an unapproved site. Codman Company's facility is located at 185 Plain Street in Rockland.

11/24/04: DEP executed a Consent Order with a $56,250 Penalty involving Ayer Moving and Storage Co. of Ayer for asbestos violations. During an inspection of 4/27/04, DEP personnel observed a demolition/renovation operation involving the removal of asbestos containing materials for which the Department had not been notified. In addition the company had failed to properly wet, seal, label and dispose of asbestos waste materials. Through application of the Department's Policy on Compliance Incentives for Small Business, $48,750 is suspended provided the company does not violate any provision of the Order within one year. The remaining $7,500 penalty will be paid in installments.

11/24/04: DEP executed a Consent Order with a $13,000 Penalty involving Connecticut Valley Sanitary Waste Disposal, Inc. of Chicopee. The company (a subsidiary of Waste Management, Inc. of Massachusetts) was cited for the following Solid Waste violations: during April '04, a release of turbid stormwater was observed from the landfill site into Fuller Brook; and, during September '04, the company failed to replace failed pumps within the main leachate pump station in accordance with the timeframes required by its applicable permits. The violations, while separate and distinct events, were both observed to occur immediately following significant rain events. In addition to the Penalty, Connecticut Valley Sanitary Waste Disposal Inc. has agreed to revise its Operation and Maintenance Plan.

11/24/04: DEP entered into a Consent Order with a $11,740 settlement involving Michael J's Service Center, Inc. of Holyoke to address air quality and hazardous waste violations. A March 1, 2004 DEP inspection of the Company's Lincoln Street facility revealed noncompliance with Stage II Vapor Recovery System and Hazardous Waste requirements. Following the inspection, DEP issued a Notice of Noncompliance for those violations. A follow-up inspection on 6/10/04 revealed similar and new violations at the facility. The settlement agreement requires the Company to correct the violations and pay a penalty of $4,000. An additional $7,470 was suspended pending compliance with the settlement agreement.

11/24/04: DEP entered into a Consent Order with Exxon/Mobil Corporation regarding the cleanup of gasoline contamination at a station in Tyngsboro. The Order establishes deadlines for assessment and remediation of the property on Westford Road in Tyngsboro. The original release occurred prior to Exxon/Mobil's involvement at the property, but there have been subsequent releases that Exxon/Mobil is addressing. The original release, however, was significantly out of compliance with deadlines. Exxon/Mobil has agreed to include the earlier release in their current response actions, and to new timelines as well as stipulated penalties if deadlines are missed.

11/23/04: DEP entered into a Consent Order with a $35,000 Penalty regarding Blackstone National Golf Course in Sutton. The facility began operating a public water supply in 1997 without first registering with the Department. Blackstone National withdrew water for irrigation from five (5) on-site bedrock wells at volumes exceeding those allowed under the Water Management Act. Under the terms of the Order, Blackstone National must install a treatment system for the public water supply, conduct a pump test on each of the five bedrock irrigation wells, and submit a permit application. Blackstone National agreed with the Department to divide the Penalty so that a $26,250 Supplemental Environmental Project (SEP) will provide funds directly to the Town of Sutton for use in design and construction of the proposed Tricentennial Park along the Blackstone River, and, the remaining $8,750 portion of the Penalty will be paid directly to the state.

11/23/04: DEP entered into a Consent Order with a $20,000 Penalty involving the Department of Conservation and Recreation (DCR), Quarry Hills Associates, Inc. (QHA) and the Riccuitti Drive Landfill in Quincy. QHA and DCR agreed to complete the remaining assessment and closure of the landfill as final resolution of a previously issued Unilateral Penalty Assessment Notice by DEP on 6/18/03.

11/23/04: DEP entered into a Consent Order with a $28,000 Penalty involving Sherborn Realty Trust & Day Spa Inc. of Sherborn for violations of water supply and water pollution control (septic system) regulations. The Realty Trust owns the land at 24 North Main Street where the Spa operates. The parties have agreed to install disinfection/treatment of its water supply while it seeks to find a new water source. In addition, the parties will submit a plan to bring the septic system into compliance. DEP agreed to suspend $18,000 of the Penalty if all terms of the Order are met.

11/22/04: DEP entered into a Consent Order with Prattville Machine & Tool Co. of Peabody for failure to register as a small quantity generator of hazardous waste, and failing to pay annual compliance fees of $1,050 for fiscal years 2004 and 2005. Under terms of the Order, the company agreed to pay its back compliance fees of $525 for both years and comply with hazardous waste regulations.

11/18/04: DEP executed a Consent Order with a $42,281 Penalty regarding 85 Maple Street Realty Trust of Marlborough for asbestos violations. During an inspection on 4/7/04, DEP personnel observed, a demolition/renovation operation that involved the removal of asbestos containing materials for which the Department had not been notified. In addition, the Trust failed to properly wet, seal, label and store asbestos waste materials. DEP agreed to suspend $42,281 of the Penalty based on financial hardship conditions, and provided the Trust does not violate any regulations cited in the Order for one year.

11/18/04: DEP entered into a Consent Order to Unisorb, Inc. of Millbury. The Order establishes deadlines for assessment and remediation of the former Felters Company facility in Millbury. Unisorb, Inc. had received a conditional permit extension from the Department that required completion of the work by January 2005. The Company requested additional time to complete the work because of new information regarding impacts to sediment in the Blackstone River. Unisorb, Inc. now agrees to pay stipulated penalties if deadlines established in this Order are not met.

11/17/04: DEP issued a $750 Penalty Assessment Notice to the East Longmeadow Dept. of Public Works to address asbestos violations. In Oct. '04, DEP discovered at the Town's Transfer Station a piece of asbestos-cement pipe at the asphalt, brick and concrete recycling stockpile. The pipe was discovered during a routine inspection of the facility, which is not permitted to accept or manage special wastes (i.e. asbestos).

11/17/04: DEP issued a Unilateral Assessment Order to Robert L. Perry, of Wareham for significant water withdrawals exceeding the threshold for a Water Management Act permit. The Order requires Perry to apply for Water Management Act permits in the Buzzards Bay and Cape Cod watersheds for cranberry bogs he operates in Middleboro, Carver, and Barnstable. Perry has been given sixty days to apply for the permits.

11/16/04: DEP entered into a Consent Order with $10,000 Penalty regarding Aerovox of New Bedford. The company, a division of Parallax Power Components, was cited for Hazardous Waste and Air Quality violations. During a multimedia inspection, DEP determined Aerovox was acting out of status as a Large Quantity Generator and exceeding emission limits in its Air Quality permit, for Volatile Organic Compounds and Hazardous Air Pollutants (HAP). In addition to returning to compliance, the company agreed to implement pollution prevention that will reduce the amount of HAPs used by 14 tons per year and to further reduce HAPs by an additional 7 tons per year by Sept. '05. DEP agreed to suspend, $2,500 of the Penalty provided all terms of the Order are met.

11/16/04: DEP executed a Consent Order with a $500 Penalty regarding the East Bridgewater Water Department for repeated noncompliance with the Consumer Confidence Report (CCR) requirements. Since 1999, water suppliers that serve the same people year-round must prepare CCRs or annual water quality reports, for their customers. The reports tell where drinking water comes from, what's in it, and how to help protect it.

11/15/04: DEP entered into a Consent Order with the Wilbraham Department of Public Works that provides for the permitting and construction of a permanent corrosion control facility. Wilbraham had tested a temporary facility and will now prepare space for the permanent facility.

11/15/04: DEP entered into a Consent Order involving the I & C Corporation of 201 Elm Street in Somerville. The Order establishes a schedule for cleanup of a contaminated site, a service station. Although first listed as a site in1985, and tier classified in 1999, no additional response actions were conducted. DEP issued a NON on 7/26/04, and the corporation responded with a proposed schedule for completing the site assessment and cleanup. The Order requires response actions to be completed, and a Response Action Outcome Statement to be submitted, by 7/14/06.

11/15/04: DEP entered into a Consent Order with the Division of Conservation & Recreation (DCR) regarding Great Brook Park in Carlisle. The Park, began using a septic system at the Park without final approval from DEP. Under the agreement, DCR has agreed to revise its standard operating procedures used by staff when seeking/obtaining permits, and to submit to DEP a list of all projects for FY'05.

11/12/04: DEP entered into a Consent Order with a $5,750 Penalty involving Art's Texaco of 5 West Main Street in Dudley for failing to conduct an Immediate Response Action in accordance with DEP approval. Principal owner, Arthur Cournoyer IV, has agreed to implement a comprehensive cleanup plan to aggressively remediate the site. DEP agreed to suspend $4,600 of the Penalty if cleanup deadlines are met.

11/9/04: The DEP Commissioner issued a Final Decision regarding CEM Realty Trust of 300 Bent Street in Cambridge. The Decision approves a settlement agreement requiring payment of a $7,000 penalty, and resolves a violation of hazardous waste release cleanup at the Bent Street Site. Initially, the Realty Trust failed to submit in 2002 either a Tier Classification or Response Action Outcome (RAO) Statement regarding the cleanup of this site, where heavy metals were found in surficial soil. DEP then issued a Notice of Noncompliance to the Trust, which failed to respond. After that, DEP assessed an $8,500 penalty, which was appealed. The Trust argued that the Licensed Site Professional hired to conduct the cleanup, Kelly Maman, had told them an RAO had already been submitted. Since that time, Ms. Maman's LSP license was suspended for other reasons; and an RAO, stamped by another LSP has been submitted for the Bent Street site.

11/9/04: The DEP Commissioner issued a Final Decision that dismisses the appeal of a $12,000 Civil Administrative Penalty concerning Brown Auto Repair, 22 Depot Court in Cohasset. DEP issued the $12,000 Stipulated Penalty Demand relative to the failure to clean up the subject site, a gasoline-contaminated auto repair facility, which is located within the Zone II of a public water supply. DEP's Demand was issued on 4/5/04, after the site owner failed to comply with a site assessment deadline established earlier under a Consent Order. The site owner is currently conducting the required actions, and must now either pay the Penalty or appeal the commissioner's decision to Superior Court.

11/8/04: DEP sent a $7,500 Penalty Assessment Notice to A-Plus Asbestos Contractors Inc. for asbestos violations at Lunenburg High School. The company, which is based in Pawtucket, RI, is a licensed asbestos abatement contractor and filed a notification regarding the work, but continued the project after expiration of the notice.

11/5/04: DEP executed a Consent Order with a $36,627 Penalty regarding Mark Merrill d/b/a M & R Roofing Co. of Marlborough for asbestos violations. DEP inspected a roof-shingle replacement project on 6/14/04 at a residence in Marlborough noted the failure to notify the Department of the removal of asbestos containing materials; the failure to carefully lower the asbestos shingles to the ground; and, the failure to properly wet, seal, label and store asbestos waste materials. Through the application of DEP's Small Business Policy, $32,127 is suspended provided the company does not violate any provision of the Order within one year.

11/5/04: The Department DEP entered into a Consent Order with a $500 Penalty involving the Grate Barrington Fire District concerning the Consumer Confidence Report for the year 2003. The DEP review noted that required actions were not taken even though they were identified in a previous review and cited in a NON. DEP agreed to suspend $250 of the Penalty provided the terms of the Order are met.

11/4/04: DEP entered into an Amended Consent Order to the Town of Bourne regarding the Bourne Municipal Landfill. The agreement extends the deadline for the Phase 1D reclamation from 10/31/04 until 10/31/05. Phase 1D is approximately 5 acres of unlined landfill which contains approximately 170,000 cubic yards of waste. The waste is being excavated so that a lined cell can be constructed in its place. The excavated waste is then screened; large material is landfilled at the site, and the remaining material used for operations (i.e. daily cover, grading/shaping, and vegetative support).

11/4/04: DEP entered into a Consent Order with a $15,000 Penalty involving SP Inc. and David Bramley of Salem. SP Inc and Bramley, a Licensed Site Professional (LSP), agreed in the Order to violations of the Massachusetts Contingency Plan. The penalty is divided evenly between the LSP and the consulting firm, which employed him during the noncompliance. The violations occurred at automobile service garages in Framingham and Peabody in the spring and summer of 2003. In both instances, the LSP and consulting firm knowingly performed remedial actions without required notice to DEP and, in one case, without required approvals.

11/4/04: DEP issued a $11,250 Civil Administrative Penalty to Atlantic Bay Contracting (ABC) of Boston for asbestos violations. DEP inspected in January 2004, an ABC project being conducted at a Dudley Street property in Boston where asbestos violations were observed. ABC is a licensed asbestos abatement contractor located in Allston.

11/3/04: DEP entered into a Consent Order with Blue Sky Holdings/Manchester Athletic Club (MAC) in Manchester. The club was cited for failure to properly inspect and operate the facility's septic system The MAC is located within the wellhead protection area of a public water supply well. Under the Order, the facility will conduct monthly inspections, and either connect to municipal sewer, pursue a groundwater discharge permit or construct and operate a wastewater treatment plant according to established timeframes.

11/3/04: DEP entered into a Consent Order with Aquarion Water Company relating to Jacques Well # 1 and Jacques Well # 2 that provide drinking water to the residents in the Town of Millbury. The Consent Order establishes a framework and schedule for the installation and operation of an interim perchlorate treatment system, and for permitting and construction of a permanent treatment system prior to returning the above-mentioned wells to service as part of the public water system.

11/3/04: DEP executed a Consent Order with a $7,000 Penalty involving Millennium Power Partners LP and Hazardous Waste violations at its electric generating facility on Sherwood Lane in Charlton. DEP determined during an inspection that the facility was using a "false start sump" that did not meet the Department's standards for underground waste oil accumulation tanks. The Company, which is based in Delaware, agreed to comply with the order by either meeting the underground waste oil tank accumulation standards or discontinue using the sump for waste oil accumulation.

11/2/04: DEP entered into a Consent Order with a $4,000 Penalty regarding, Former Great American Chemical of Fitchburg. Signing the Order for the company, Kenneth Posco, agreed that cleanup (or response) actions at the site were conducted without employment or engagement of a Licensed Site Professional (LSP). In addition to now having paid the Penalty, Posco has also completed the site cleanup with the oversight of an LSP substantially in advance of required regulatory deadlines.

11/2/04: DEP entered into a Consent Order with a $3,100 Penalty involving Herb Chambers Dodge in Danvers for Air Quality and Hazardous Waste (storage) violations, and non-payment of compliance fees dating back to 1999. Herb Chambers will also conduct an $11,000 Supplemental Environmental Project, which will consist of hazardous waste training sessions for service department personnel. The training will focus on federal and state hazardous waste laws and regulations.

11/1/04: DEP executed a Consent Order with a $1,500 Penalty regarding Community Convenience Trust, owners of a gas station and Dunkin Donuts shop located on Great Road in Stow. The owners were cited for operating a public drinking water supply without first obtaining a permit from the Department. During the permit review process, DEP personnel determined that the facility had commenced operation without receiving final permit approval. At this time DEP has determined that the public water supply has been properly installed and a final approval authorizing operation of the system at the facility has been issued.

11/1/04: DEP entered into a Consent Order with a $16,171 Penalty regarding, asbestos violations at R.G. Construction Company in Ayer. Acting for the company, Richard Gerace, agreed to a failure to notify the DEP prior to commencement of a demolition/renovation project involving the removal of asbestos containing materials and failure to properly remove the asbestos. DEP personnel observed the violations during an inspection on 5/7/04 at a residence in Shirley. Through the application of the DEP's Small Business Policy, $13,671 of the Penalty will be suspended provided the company does not violate any provisions of the Order for one year.

11/1/04: DEP executed a Consent Order with a $5,750 Penalty involving Advanced Signing, LLC of Medway. The company was cited for Air Quality, Hazardous Waste and Industrial Wastewater violations. During the inspection it was determined that the company failed to obtain an air quality plan approval or meet exemption criteria for its spray booths, failed to store organic compounds to minimize evaporation, accumulated more hazardous waste than allowed by their current registration, failed to properly label hazardous waste accumulation containers, failed to mark and post signs in their hazardous waste accumulation area and discharged industrial wastewater without a valid sewer connection permit. In addition to the Penalty, the company agrees to take the steps to return to compliance.

11/1/04: DEP entered into a Consent Order with a $5,750 Penalty regarding Karen Lowe-Romanoff, a Worcester developer, who installed sewers in the city without a valid permit. Under the settlement, Lowe-Romanoff agreed to cease all sewer activity until she obtained a sewer permit from the Department and to pay an administrative penalty of $5,750. The Department agreed to suspend half ($2,875) the Penalty if the developer complied with the Order and sewer permit regulations for a period of one year.

11/1/04: DEP executed a Consent Order with a $137,500 Penalty regarding Baker Tanks, Inc. of Oxford for its failure to complete the required assessment and cleanup of contaminated soil and groundwater at its former property in Oxford. Baker Tanks had received a NON-from DEP and failed to return to compliance. Of the $137,500 penalty, $69,000 is to be paid immediately and a further $68,500 suspended contingent on future compliance with waste site cleanup requirements. The contamination is located in the Zone II recharge area of a municipal drinking water supply well, near private drinking water supply wells and wetlands, and within an endangered species habitat.

11/1/04: DEP entered into a Consent Order with OX PROP LLC of Oxford. The Order requires the completion of cleanup at this contaminated site, formerly Baker Tanks, Inc. The timelines-only Order requires that the cleanup be completed (originally due in 2003) and that a Response Action Outcome (signifying no further action) statement be submitted by 2005. OX PROP LLC has agreed to pay stipulated penalties should they fail to meet deadlines.

11/1/04: DEP entered into a Consent Order with a $7,000 Penalty regarding James Ladd and John Calnan of Lynn for wetlands violations at 382 Walnut Street in Lynn. In addition to the Penalty, Ladd, who owns the property, and Calnan, a contractor who used the property, agreed to restore the 700 square feet of bordering vegetated wetlands by 6/1/05.

October 2004

10/29/04: DEP entered into a Consent Order with a $29,750 Penalty regarding Moscoffian's of Oxford for Hazardous Waste violations, and failure to obtain the proper discharge permits at its facility which stores, repairs and maintains vehicles. The owner also operates a towing service from this location. Under terms of the DEP's small-business policy, $19,750 of the Penalty is suspended. However, in addition to paying $10,000 of the Penalty, Moscoffian must hire a Licensed Site Professional to conduct an environmental site assessment of the Facility to determine if it has been the site of a release of oil or hazardous materials, and notify DEP if conditions require notification.

10/27/04: DEP entered into a Consent Order with an $11,000 Penalty regarding Solid Waste violations at the transfer station located in Dedham. The town owns the facility, but Waste Management Inc. operates the facility and was found to have violated conditions of its operating permit, including the handling and processing of construction and demolition debris.

10/27/04: Mr. James and Ms. Caryn Greco, Belchertown (WERO): The DEP issued a $20,000 Penalty to James and Caryn Greco of Belchertown for cutting and removing vegetation on the banks and within the riverfront area (30,677 square feet) of the Scantic River in Hampden. The riverfront area and banks of the Scantic River at the site have been identified as estimated habitat for rare and endangered species.

10/27/04: DEP entered into a Consent Order with a $6,000 Penalty involving Richard's Fuel Inc. of Easthampton. The company, which owns a fuel oil terminal located at 79 Union Street in Easthampton, was cited for releasing oil to Lower Mill Pond in Easthampton on 8/6/04. An oil/water/soap mixture was initially released to a storm drain on the property, and the oil was then discharged from the storm drain to the pond. In response to this violation, the company proposed the performance of a Supplemental Environmental Project ("SEP"). The SEP shall consist of Richard's donating $6,000 to the Nashawannuck Pond Fund, which will finance the removal of contaminated pond sediments and other improvements so that the pond can return to full recreational use.

10/27/04: DEP issued a $6,472.50 Civil Administrative Penalty to Keith Zucker, the former owner of property on West Alford Road in West Stockbridge known as the "Camp Kingsmont Caretaker's residence". Zucker failed to notify DEP within 120 days of obtaining knowledge of a release of oil detected in soil and groundwater at the site. The oil release, likely from a leak in an aboveground storage tank system located in the basement of the residence, was identified in February 2004. However, DEP was not notified of the release until July 22, 2004. Zucker also failed to appear at an enforcement conference scheduled by DEP to discuss the matter.

10/27/04: DEP entered into a Consent Order with a $19,000 Penalty involving Lockheed Window Corp., a Rhode Island corporation, to address asbestos violations at the Highland Elementary School on Western Avenue in Westfield on 8/25/03. The Company was also cited for notification violations for demolition/renovation operations involving asbestos-containing material at the Pasteur Hall at the University of Massachusetts in Lowell, Falmouth Hall at the University of Massachusetts in Lowell, and Davis Thayer School in Franklin. In addition to the Penalty, Lockheed agreed to comply with the air quality regulations when conducting any future renovation and demolition operations.

10/26/04: DEP issued a $1,000 Penalty Assessment Notice to Elena Coffey of Worcester for Waste Site Cleanup Violations. In addition to the Penalty, the DEP issued a Unilateral Order for specified collection of samples for analysis and submittal of a revised risk characterization. Prior to today's actions, the Department had initially issued a Notice of Noncompliance for failure to meet response action deadlines, the DEP then received a report that failed to evaluate soil exposure point concentrations and vapor intrusion exposure pathways. DEP then held an enforcement conference in an effort to reach a Consent Order.

10/25/04: DEP issued a Unilateral Administrative Order to Refinity of Lynn ordering this (precious metals) recycling facility to submit documentation showing its incineration units were dismantled. In 2001, DEP issued a Notice of Noncompliance to Refinity for air quality violations, and requiring a stack test before it re-started its units. A stack test was never conducted, and with today's order, DEP effectively revoked Refinity's (air quality) operating permit.

10/25/04: DEP entered into a Consent Order with Smith & Wesson Corporation of Springfield, a firearms manufacturing facility. Subsurface investigations in June 2004 indicated the presence of a potential imminent hazard condition related to indoor air at the facility: the detection of solvent vapors. The company agreed to comply with deadlines for submitting reports and completing response actions in a timely manner. Smith & Wesson took immediate steps to address indoor air and requested extension of deadlines for submittal of additional response actions. The Order grants the extension of deadlines and includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

10/25/04: DEP issued a $65,490 Penalty to Paul Wastrom to address asbestos handling violations at his Conway Street rental property in Greenfield. DEP responded to a complaint from the Greenfield Board of Health in November 2002, to inspect the property. Initially, the town's health agent required Wastrom to hire a licensed asbestos removal contractor to remove damaged asbestos from the basement of the property. A follow-up inspection by the health agent however, revealed that much of the asbestos had been improperly removed from the basement of the multi-family house. The DEP inspection confirmed that asbestos had been removed in noncompliance with the Department's asbestos removal and handling regulations. After DEP conducted the November 2002 inspection, Wastrom took steps to follow the required directives for cleaning up the property.

10/21/04: DEP issued a Boil Order to Belchertown Water District in Belchertown DEP issued the order which calls for the District to notify consumers in the southern portion of the district to boil their water due to possible presence of bacteria. The Order was lifted on 10/29/04.

10/21/04: DEP issued a Unilateral Order to New Ventures of Newburyport for violations observed during a July 2004 inspection. Among the violations: leachate breakout that discharges to wetlands, and the mixing and placement of construction & demolition (C&D) material in violation of the Consent Order under which the capping is taking place. The Order requires New Ventures to take immediate steps to bring the site back into compliance.

10/21/04: DEP executed a Consent Order with a $9,500 Penalty involving Marvic Inc. of Auburn (d/b/a Brady-Built of New England) for Air Pollution and Hazardous Waste violations. DEP personnel observed during November 2003, excessive visible emissions emanating from a wood-fired boiler operated by the company. The resulting inspection revealed that the company was burning scrap wood (some of it laminated) in the boiler for heat, and to improperly dispose of the wood. In addition, the company was operating without the required Air Quality approval and had failed to characterize potentially hazardous waste for proper disposal. The company has now agreed to cease operating the wood-fired boiler in the future. DEP has agreed to suspend $2,500 of the Penalty provided the company complies with all terms of the Order.

10/19/04: DEP executed a Consent Order with a $1,000 Penalty involving Concord Building Services Inc., of Tewksbury for asbestos violations at a site in Groton. The company failed to notify the DEP of a demolition/renovation project conducted at the Groton-Dunstable North Middle School in Groton.

10/19/04: DEP executed a Consent Order with $7,870 Penalty involving Ranor, Inc. of Westminster for violating Air Pollution Control, Hazardous Waste, and Industrial Wastewater regulations. During the 5/27/04 inspection, Department personnel observed that the company failed to comply with regulations associated with the proper operation of paint spray booths, failed to register fuel burning equipment, generated more waste oil than allowed by their registered status, failed to follow hazardous waste accumulation standards, and improperly managed their industrial wastewater. In addition to the Penalty, the company agrees to bring the facility into compliance.

10/19/04: DEP entered into a Consent Order with a $5,000 Penalty involving Carter's Auto Salvage/Junkyard of Rehoboth. DEP conducted a site inspection on 4/29/04 and identified hazardous waste and solid waste violations. The Order establishes an aggressive schedule to correct violations of the hazardous waste regulations and remove solid waste from the site. As a result of DEP inspections, Carter's Auto Salvage/Junkyard has since moved aggressively to clean up the site and come into compliance, thereby removing additional potential sources of releases to the environment. As a condition of the Order, Carter's will perform a $1,000 Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP) in lieu of a portion of the financial penalty.

10/18/04: DEP executed a Consent Order with a $67,500 Penalty involving Paul Bertrone, d/b/a Bertone Heating and Air Conditioning Co. of Franklin for asbestos violations at a residence in Medway. During an inspection on 10/30/03, Department personnel observed that the company failed to notify the DEP of a demolition/renovation operation involving the removal of asbestos-containing materials, and also failed to wet, seal, and label asbestos waste materials during a boiler replacement at a residence in Medway. Through the application of the Department's Small Business Policy, $62,500 of the Penalty is suspended provided Bertone does not violate any provision of the Order within one year.

10/8/04: DEP issued a Unilateral Administrative Order to Anthony Ping Zuo, of Southwick, ordering him to cease the discharge of sewage to groundwater. Zuo's apartment building had suffered a blockage causing sewage to be discharged to a manhole on the property. In addition, DEP is working with the local board of health and DPW to address the situation due to the owner's failure to address the problem. The Department will continue to review the matter with respect to additional enforcement.

10/7/04: DEP issued a $31,700 Penalty to Charles Noonan, d/b/a Chuck's Civic Center in Barre for failure to meet response action deadlines. Gasoline contamination was discovered during the removal of underground storage tanks from the repair shop in 1991. The contamination is of particular concern to DEP because of its location in the Zone II recharge area for a municipal drinking water supply well. Since the release, Noonan has not met the regulatory deadlines for the assessment and cleanup of the release. DEP issued Notices of Noncompliance to Noonan requesting that he establish a schedule for conducting this work. Noonan did not respond to these notices, and declined to attend a meeting as requested by DEP to discuss the noncompliance.

10/7/04: DEP executed a Consent Order with a $7,500 Penalty regarding McGinn Citgo Service Station of 627 Newport Ave., Quincy, the owner-operator of a gasoline-contaminated site that missed deadlines for cleanup. In addition to the Penalty, the Order requires all necessary response actions at the site, which is currently classified (tier two).

10/7/04: DEP issued a $101,926 Civil Administrative Penalty to Shawn and Doug Corp., d/b/a Removal Specialists, of Lynn. DEP issued the notice of intent to assess the Penalty due to asbestos, hazardous waste and solid waste violations. DEP inspected several locations in Lynn on October 9, 10 and 15 in 2002 where the violations were observed.

10/6/04: DEP entered into a Consent Order with Wendell Country Store of Wendell. The Store operates as a public water system (transient non-community) and failed to address repairs at the wellhead, failed to conduct bacteria compliance monitoring, and failed to ensure the well could be replaced if future bacteria contamination is documented. The Store agreed to take the necessary steps to return to compliance.

10/6/04: DEP issued a $29,900 Penalty Assessment Notification (PAN) to Leo Construction Company, Inc. and Leo Construction Contractors, Inc., in Webster for violations related to the cleanup of a release of oil/hazardous materials. The company failed to file a Tier Classification submittal within one year of having filed a release notification (a requirement). Prior to today's Penalty, the Department issued a written Notice of Noncompliance (NON) and the company failed to take the required action described in that NON.

10/6/04: DEP entered into a Consent Order with a $5,000 Penalty involving Fogerty Enterprises of Norton for violating hazardous waste, solid waste, and wetlands regulations. The Order commits Fogerty - an auto towing and salvage yard business - to an aggressive schedule that will assess potential wetland impacts, correct violations of the hazardous waste regulations, and remove solid waste from the site. The Order also includes a Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP) in lieu of $3,000 of the Penalty.

10/6/04: DEP entered into a Consent Order with a $8,070 Penalty regarding Scannell Properties #22, LLC of Brockton for wetlands violations. The company received an Order of Conditions from the Brockton Conservation Commission and a 401 Water Quality Certification from the DEP that allowed work in bordering vegetated wetland, but Scannell did not complete the required replication by the given deadline.

10/6/04: DEP issued a Unilateral Administrative Order to the Town of Winthrop requiring the repair of erosion damage to the side (and toe of the slope) of the Belle Isle Landfill. In addition, the Order requires Winthrop to provide a plan to the Department for conducting environmental monitoring of the Landfill in accordance with the DEP's approval of post-closure use at the Landfill (the Belle Isle Cemetery and the Town's leaf and yard waste management).

10/5/04: DEP entered into a Consent Order with Wayne Capolupo of 99 Elm Street in Salisbury regarding the alteration and fill of 27,900 s.f. of bordering vegetated wetland (BVW) in 1995. DEP determined that while no formal application was submitted, Capolupo did receive an informal (negative) determination concerning wetlands designation from the town's conservation commission. As a result of this order, Capolupo has agreed to restore 50,800 s.f. of BVW under a plan currently before the DEP awaiting approval.

10/6/04: DEP issued a $1,000 Penalty Assessment Notice to the Town of Washington. DEP determined the town's DPW conducted open burning of wood waste and other solid wastes at the town's Transfer Station. The violations were discovered during a DEP inspection of the Transfer Station on 7/1/04 and a follow-up inspection on 8/31/04.

10/4/04: DEP entered into a Consent Order with Giangregorio - d/b/a Contemporary Country Builders, Inc. - of Williamsburg. The company agreed to address the removal of silt deposition in a wetland area. The owner/builder was advised initially by the local conservation commission that the area was non-jurisdictional (outside the purview of the Rivers/Wetlands Protection Act). While acting on the basis of that conservation commission's decision, the owner/builder failed to note that a timely and valid appeal of that decision was filed. Subsequently, as a result of that appeal, DEP determined the area was in fact jurisdictional and enforcement was therefore undertaken. In addition to remediating the silt in the jurisdictional wetland, the owner/builder, has agreed to remove fill from an isolated vegetated wetland.

10/4/04: DEP issued a $28,700 Civil Administrative Penalty and Unilateral Administrative Order (UAO) to Poirier & Ware Heat Treating Co., of Wrentham. The company was cited for Hazardous Waste, Air Quality, Industrial Wastewater and Toxics Use Reduction Act violations. A multimedia inspection by DEP revealed violations at a business operation that was planning to suspend operations pending sale of its assets. The UAO requires proper management of regulated wastes and an assessment of impacts from an industrial waste discharge to the ground surface.

10/4/04: DEP entered into a Superseding Consent Order with the Lawrence Water Treatment Plant in Lawrence. Today's Order replaces a 1999 Consent Order that required repair or replacement of the plant. In Feb. 2004, DEP conducted a four-day Comprehensive Performance Evaluation of the plant and found numerous deficiencies that kept the plant from optimizing performance. Lawrence has now agreed to correct certain deficiencies in the existing plant in 2004-05 and to make a long- term capital improvement program as well as create a routine inspection and maintenance program for the water distribution system including the pump stations and storage tanks. Lawrence will also complete its new treatment plant no later than 3/17/07

10/1/04: DEP entered into a Consent Order with a $37,500 Penalty involving the Safety-Kleen Systems Inc. facility located in Marlborough. The company - which operates hazardous waste storage and treatment facilities in Marlborough, West Brookfield and other Massachusetts locations - was cited for failing to comply with Hazardous Waste Management and Air Pollution Control regulations. In January of 2004, the DEP received notification from the company that approximately 200 gallons of waste oil was spilled to a paved area at the 50A Brigham Street, Marlborough facility while transferring waste oil from one of its trucks to an adjacent rail car. A subsequent investigation and inspection revealed that the spill occurred outside of the company's approved transfer area, and was caused by the improper configuration of the truck's valves during off-loading. In addition, Safety-Kleen did not have trained personnel monitoring the off-loading activity, which is required by their license, thus exacerbating the spill. The company also allowed one of its trucks to idle unmanned in violation of an Air Pollution Control regulation. A March inspection of Safety-Kleen's 224 East Main Street, West Brookfield facility revealed other hazardous waste violations associated with its Hazardous Waste Transporter License. In addition to the Penalty, the company has agreed to further train their personnel and put in place safeguards to prevent the violations from reoccurring.

10/1/04: DEP entered into a Consent Order with a $6,000 Penalty involving General Cable Corporation regarding property located at 160 Water Street in Williamstown. The company is the former owner of this industrial property where in late 2001 General Cable became aware of a reportable release of oil at this site and failed to notify DEP. At that time, soil borings were undertaken as part of a property assessment to facilitate transfer of this property to a new owner. The area where contamination was found is in the vicinity of an underground storage tank that previously had been removed in 1979. The new owner then notified DEP of the release in June of 2004, approximately two years after notification should have been provided.

10/1/04: DEP issued a Unilateral Administrative Order to Alfred LeMay of Wales requiring the removal of the un-permitted expansion to a previously permitted dock. The Order also requires compliance with the location approved in Lemay's permit. The un-permitted modification of the permitted structure included expansion of the dock into the area of the public beach.

10/1/04: DEP assessed a $1,000 Civil Administrative Penalty against the City of North Adams relative to the cleanup of contaminated property it owns at 376 Main Street. The city failed to comply with the requirement to file a valid Notice of Activity and Use Limitation and maintain a Condition of No Significant Risk. The Department audited the reports the city submitted relative to the cleanup of this site in 2001, and required additional information, which was then submitted in 2003. Based on an audit of these additional reports, DEP identified violations requiring termination of the AUL and provided 90 days to correct the deficiencies and return to compliance. In addition to the Penalty, the DEP issued a Unilateral Order providing termination of the existing AUL and implementation of a new AUL within 60 days.

10/1/04: DEP issued a demand to Williamsburg Water system of Williamsburg for payment of $4,000 of stipulated penalties due to non-compliance with an existing Consent Order. The Public Water System has not fully addressed certified operator deficiencies and lacks an updated comprehensive emergency response plan.

September 2004

9/30/04: DEP executed a Consent Order with a $5,450 Penalty regarding BJ's Wholesale Club, Inc. for violations of air pollution and hazardous waste regulations at two of its wholesale facilities in Chicopee and Greenfield. Following a DEP inspection of the Chicopee facility on 2/19/04, DEP issued a Notice of Noncompliance to BJ's for noncompliance with the Stage II Vapor Recovery System and hazardous waste requirements. A follow-up inspection on 5/21/04 revealed similar and new violations at the Chicopee facility. In addition, on 2/27/04, an inspection of BJ's Greenfield facility revealed noncompliance with hazardous waste management regulations. As part of the settlement, the Company has agreed to correct the violations and develop and implement an Environmental Management System. DEP suspended $3,950 of the Penalty provided BJ's remains in compliance with the Order.

9/30/04: DEP entered into a Consent Order with a $16,000 Penalty involving Bottomley & Riley Real Estate of North Attleboro. Bottomley - which owns the former manufacturing facility at 21 East Street - failed to meet deadlines for the cleanup of this site under the Waste Site Cleanup Regulations.

9/29/04: DEP entered into a Consent Order with a $10,615 Penalty regarding Harbor Village Cleaners of Townsend for violating Air Pollution Control, Hazardous Waste, Industrial Wastewater, and Environmental Results Program Regulations. The company failed to follow numerous record-keeping and hazardous waste accumulation standards. In addition, it had discharged industrial wastewater to an onsite septic system, and it had failed to adequately certify and comply with requirements associated with the Environmental Results Program. Through the application of the Department's Small Business Policy, DEP agreed to suspend $8,615 of the Penalty provided the company complies with all terms of the Order.

9/29/04: DEP concluded a Consent Order with View Drive, a public water supplier in Richmond formed by a neighborhood of homes. The Community must address source construction and maintenance, corrosion control treatment, storage and meter issues. DEP inspected the area and documented the necessary steps.

9/28/04: DEP executed a Consent Order with Woolman Hill Conference Center of Deerfield, a transient non-community public water system, to address repeated bacteria contamination. The Order includes public notice provisions and requires Woolman to propose a method and identify a schedule to eliminate total coliform bacteria from the drinking water.

9/27/04: DEP entered into a Consent Order with a $5,325 Penalty regarding Getty Properties Corp., located in Worcester to resolve cleanup violations for a contaminated site. Getty owns the gasoline service station at 527 Grafton Street in Worcester and failed to meet response action deadlines and conducted remedial actions without a permit at this location.

9/27/04: DEP executed a Consent Order with a $28,031 Penalty involving AG Asbestos Inc., of Lawrence. The company violated Air Pollution Control (Asbestos) Regulations during an asbestos abatement project in Marlborough. The company, which is a licensed asbestos contractor, failed to properly seal a work area, failed to use an air cleaning system, and failed to wet asbestos waste. Through the application of the Department's Small Business Policy, DEP agreed to suspend $15,031 of the Penalty provided the company complies with all terms of the Order.

9/23/04: DEP entered into a Consent Order with a $6,300 Penalty involving Innovative Coatings, Inc. of Medway for failing to comply with Air Pollution Control, Hazardous Waste Management, and Industrial Wastewater Regulations. The violations involve: failure to obtain a sewer connection permit; failure to report fuel utilization equipment; storing waste longer than allowed; and, failure to follow other hazardous waste accumulation standards. DEP agreed to suspend $5,800 of the Penalty based on a review of financial information provided by the Company that supported a claim of financial hardship.

9/22/04: DEP entered into a Consent Order with a $15,000 Penalty involving Belcher Corporation of South Easton to address noise and odor complaints. The company agreed to the following: submit a report identifying sources of noise from evening operations; adhere to a reduced hourly operating schedule; perform sampling, and, submit an updated preventive maintenance program for its air pollution control equipment. In addition, prior to the installation and operation of the air pollution control technologies, Belcher will submit the appropriate plans and specifications to the DEP for approval. Finally, Belcher will also perform a Supplemental Environmental Project (SEP) having a minimum total value of $25,000.

9/21/04: DEP executed a Consent Order with the Town of Marblehead for completing the assessment of the Marblehead Landfill and addressing unpermitted post-closure uses at the former landfill. Marblehead has also agreed in a separate Order to perform a Supplemental Environmental Project (SEP) to satisfy a $12,500 Administrative Penalty for violations of the closure and post-closure requirements at the landfill. Under the town's SEP it will either create and implement an education module on recycling for the schools, or conduct a waste management audit of all Town Departments.

9/21/04: DEP entered into an Amendment to an existing Consent Order with the Town of Weymouth requiring significant upgrades to its sewer collection system to increase capacity. In May 2004, DEP assessed the city $25,000 in stipulated penalties for failing to meet existing timelines. Today's amended order adopts revised timelines to eliminate overflows of wastewater that currently would occur within the watershed of public water supply.

9/20/04: DEP signed an Amendment to an existing Consent Order with a $20,000 Penalty involving North Carver Landfill of Carver. The landfill is being closed and capped by BATG Environmental Inc. BATG accepted 15,900 cubic yards of soils for shaping-and-grading material in excess of the required amount to meet the approved closure grades. DEP agreed to suspend $5,000 of the Penalty provided future violations do not occur, and $10,000 of the Penalty will fund a Supplemental Environmental Project (SEP). The agreed-upon SEP includes planting of trees at the Town property line (between the landfill and the adjacent neighborhood) to shield the neighbors from the landfill and activities from post-closure uses at the landfill.

9/20/04: In a case begun by DEP, Suffolk Superior Court penalized a Wakefield automobile dealer, 128 Sales, Inc. in the amount of $270,096. The Penalty was based on the sale of Ford Winstars imported from Canada that did not comply with the emissions standards of the Massachusetts Low Emission Vehicle ("LEV") Program. The Court held that the Commonwealth was "persuasive in its argument that two times the net profit is an appropriate civil penalty to achieve the goals of general and specific deterrence." The court considered the Commonwealth's enforcement costs, and the actual harm to the environment, and added pre-judgment interest from the time of the violations.

9/17/04: DEP entered into a Consent Order with Springfield Water and Sewer Commission (SWSC). The Department concluded an agreement with the SWSC, the second largest community public water system in the Commonwealth, regarding the implementation of the Massachusetts Water Management Act. SWSC will provide a water conservation plan to the Department to ensure that water usage is both appropriate and conforms to the state requirements.

9/16/04: DEP executed a Consent Order with a $28,750 Penalty involving Luigi Romeo (d/b/a Romeo Salon in Auburn) for violating Air Pollution Control Regulations. DEP observed, during an 4/2/04 inspection, numerous pieces of dry, broken asbestos transite shingles lying uncontained on the ground and mixed throughout demolition debris in an open roll-off container on the property. Through the application of the Small Business Policy, DEP agreed to suspend $23,750 of the Penalty provided Romeo does not violate any provisions of the Order within one year.

9/16/04: DEP issued a Unilateral Administrative Order (UAO) to Kervick Enterprises, Inc. of Worcester. Kervick failed to properly characterize and dispose of metal treating (hazardous) waste left by a company that had sublet space from Kervick. In addition, a second UAO was issued on to KomTek Realty, Inc., owner of the property, which leases to Kervick Enterprises, Inc. A similar Order has already been issued in August 2003 to the metal treating company, [proprietor Paul Brunell, d/b/a AABEC], which is currently in bankruptcy protection.

9/15/04: DEP entered into a Consent Order with Salem & Beverly Water Supply Board relative to its compliance with lead and copper requirements. The Board agreed to conduct additional samples beginning in March 2005 and to implement actions based on the percentage of sites that exceed the lead and copper action level. Those actions could include adjustment of ph & alkalinity or modification of existing treatment.

9/15/04: DEP entered into a Consent order with a $12,213 Penalty involving the City of Springfield and its Police Station for failure to notify the DEP of a gasoline release. The release had migrated from a former UST at the Police Station via groundwater to adjacent apartments. Levels of dissolved gasoline in the groundwater under the residential property had increased to the point that hazard notification to the DEP should have been made and Immediate Response Actions taken to assess potential impacts to indoor air at the apartment complex. The City, once notified of their noncompliance and DEP requirements, immediately undertook an assessment of the indoor air at the apartments. No impacts to indoor air from the release were identified. In addition, the City entered into a Consent Order with the DEP to further assess the gasoline plume and potential impacts to indoor air and to submit quarterly status reports to the DEP. DEP agreed to suspend the entire Penalty if the city complies with the terms of the agreement. The Consent Order also includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

9/14/04: DEP issued an Order declaring a Water Emergency in West Springfield due to a major water main break. The break required West Springfield to obtain approximately 4 million gallons per day from neighboring Springfield. DEP's order included conditions regarding the return to service of the main that delivered Southwick well water to the system and a conservation plan with an implementation schedule.

9/13/04: DEP entered into a Consent Order with a $2,700 Penalty involving EIS Wire & Cable of South Hadley. DEP discovered violations of the Toxics Use Reduction Act (TURA) and hazardous waste regulations during an inspection on 3/9/04. In addition to the Penalty, the Company has agreed to correct the violations and pay double the applicable toxics use reduction fee of $7,750 for a total of $15,500 for calendar years 2001 and 2002. DEP agreed to suspend $2,000 of the Penalty contingent upon the Company's compliance with the settlement agreement.

9/9/04: DEP issued a Unilateral Administrative Order to Eastern Contractors, Inc., the construction contractor for the expansion project of Algonquin Regional High School in Northborough. DEP staff observed that erosion and deposition of soils from the project had impacted wetlands and an intermittent stream. The Order requires the contractor to immediately implement erosion controls and to provide an impact evaluation and restoration plan within 30 days.

9/8/04: DEP concluded an Amendment to an existing Consent Order to Hinsdale DPW, Hinsdale to address Underground Injection Control violations at the DPW facility. Additional soil cleanup required an extension to the deadlines in the original ACO.

9/8/04: DEP concluded a Consent Order with Pelham General Store, a public water system located in Pelham for failure to address repeated bacteria incidents at the system. The Order includes public notification requirements and a provision requiring a permanent correction if an additional bacteria incident occurs.

9/8/04: DEP executed a Consent Order with the Town of Palmer. The Order requires the town to perform quarterly inspections at former Combined Sewage Overflow discharge locations and to conduct sampling at those locations. The inspections are needed to ensure and document that actions taken by the town to remove combined sewer discharges have been successful. DEP determined that a discharge was continuing from at least one CSO outfall even after the work that was designed to eliminate it had been completed.

9/8/04: DEP issued a Demand Letter for $15,000 in Stipulated Penalties to the Concord Country Club of Concord relative to a 12/31/02 Consent Order dealing with the facility's wastewater disposal. The facility began the construction of a soil absorption system without approval of plans and specifications from the Department.

9/4/04: DEP executed a Consent Order with a $10,875 Penalty involving Saint Joseph's Abbey in Spencer for failing to comply with Air Pollution Control, Hazardous Waste Management, and Wastewater Regulations. The Abbey, which is located at 167 North Spencer Road, is the home of a religious order of Trappist Monks, and produces a variety of jellies and jams on site. The Abbey failed to operate its processes in accordance with the conditions of its existing Air Quality Control plan approval and failed to follow hazardous waste storage and management requirements. In addition, the Abbey failed to properly dispose of various sanitary and industrial wastewaters. The Order requires the Abbey to institute an Environmental Management System, and install equipment that will reduce the volume of industrial wastewater that it generates. DEP agreed to suspend the Penalty provided the EMS is implemented and all other compliance actions are completed.

9/4/04: DEP issued a Unilateral Administrative Order (UAO) and a $68,613 Civil Administrative Penalty to Northbridge Auto Wrecking, Inc. of 2040 Providence Road in Northbridge for violating Hazardous Waste, Industrial Wastewater, Wetlands, Solid Waste Regulations at this facility where junked cars are stored and crushed along the Blackstone River. The company was ordered to cease the use of the automobile crusher until containment was provided to capture leaking fluids, cleanup contaminated soil, submit a wetlands restoration plan and comply with hazardous management standards. In addition, a UAO was issued to Northbridge Auto in August 2003 ordering the Company to properly separate, remove and dispose of illegally stored tires. That UAO was appealed by the Company, and has not yet been settled.

9/3/04: DEP issued a Unilateral Administrative Order (UAO) to TLT Construction Corporation of Holden, which is the contractor for Wachusett Regional School project in Holden. Department staff observed that erosion of soils from the project had impacted wetlands and tributary streams to Wachusett Reservoir. The UAO requires this contractor to immediately stabilize the Site and to provide an impact evaluation and restoration plan within 30 days. Penalty Assessment is expected.

9/3/04: DEP issued a Unilateral Administrative Order to J. A. Polito & Sons of Leicester. Polito, as the contractor for Mass Highway Department, was cited for erosion and sedimentation to wetlands from their Route 9 reconstruction project in Leicester. The Order requires immediate stabilization of the project site and the submittal of an impact evaluation and restoration plan within 30 days.

9/3/04: DEP issued a Unilateral Administrative Order (UAO) to Paul Schold of Leicester for erosion and sedimentation violations at Town Meadow Brook and Dutton's Pond of Leicester. The UAO requires Schold to immediately stabilize the site and to submit a plan within 30 days that evaluates wetlands impacts and proposes appropriate restoration.

9/3/04: DEP entered into a Consent Order with an $8,500 Penalty involving Tyrolit North America, Inc. The company owns property in Westborough at 12 Union Street, which had been used as a fuel oil storage facility. In April 2003, Tyrolit filed with the DEP a report on cleanup actions taken at the site - a Response Action Outcome (RAO). DEP reviewed this RAO and found the company failed to notify concerning an oil release to groundwater and failed to determine the extent of groundwater contamination. The company also failed to comply with cleanup regulations while removing contaminated soils and did not meet the cleanup performance standards.

August 2004

8/31/04: DEP entered into a Consent Order with a $13,750 Penalty regarding American Optical Corporation in Southbridge. The violations were for failure to submit information, and failure to develop and implement the selected remedial action alternative pursuant to DEP's waste-site cleanup requirements. The Company will be required to pay an additional $7,500 if they violate the items in the Order within one year.

8/31/04: DEP executed a Consent Order with Lakeview Realty Trust/Sandy Bay Terrace of Rockport. The Order establishes a schedule for completion of phased cleanup of this contaminated site. In August, 2004, DEP entered into a Consent Order with a $25,000 Penalty regarding this property, which involved Feldman Construction Company due to five years of past noncompliance at this location. This companion Order requires the current owner of the property (Lakeview) to conduct phased response actions to return the site to compliance.

8/31/04: DEP entered into a Consent Order with a $17,500 Penalty involving Kinney's Shell Station at 262 Pawtucket St. in Lowell. Kinney's is the owner-operator of this gasoline-contaminated site that is out of compliance with cleanup deadlines. After six years of noncompliance, the Operator has agreed to conduct all necessary response actions at the site. DEP agreed to suspend $10,000 of the Penalty if all terms of the Order are met.

8/31/04: DEP entered into a Consent Order with Daniel Quintal and Antonio F. Alberto, regarding property at 254 Caroline Street and 261 Neptune Street in Fall River. The Order will recover from the two parties $220,256 in costs already incurred by the Commonwealth (DEP) for cleanup actions conducted at the above residences. Specifically, the ACO seeks to recover two hundred twenty thousand two hundred and fifty six dollars ($220,256) in costs for the installation of the sub slab ventilation system which tested the indoor air. The ACO requires additional assessment at the site and property closure under the MCP.

8/31/04: DEP entered into a Consent Order with MCI-Shirley. The Massachusetts Department of Correction (DOC) agreed to meet deadlines for the completion of assessment and remediation of a petroleum release at this site. The DOC had received a Notice of Noncompliance for failing to submit a Phase IV Remedy Implementation Plan, and had not submitted a schedule for completing the work as requested. The DOC has now submitted an acceptable schedule for completing the work and has agreed to pay stipulated penalties if they do not meet the deadlines.

8/31/04: DEP entered into a Consent Order with Jabez, LLC regarding the Joyce Industrial Park in Boxborough. Jabez agreed to meet deadlines for submittal of response actions related to non-compliance with cleanup actions at the Industrial Park. DEP had issued a Notice of Audit Findings with Notice of Noncompliance on December 31, 2003. The former owner, Joule Power, had conducted response actions but was declared bankrupt and dissolved prior to DEP's action. Jabez, as the current owner of the Industrial Park, responded to DEP by submitting an Audit Follow-up Plan with proposed response action deadlines that have been incorporated into today's Order. Jabez will now have the opportunity to conduct all the required response actions at the site.

8/30/04: DEP entered into a Consent Order with a $6,000 Penalty regarding the Weston Department of Public Works. A DEP inspection on January 31, 2004 found violations of Air Quality (Stage II) and Hazardous Waste (storage/labeling). The town also agreed to develop and implement an Environmental Management Systems (EMS) that will integrate environmental compliance into daily operations.

8/30/04: DEP entered into a Consent Order with a $15,000 Penalty regarding the Methuen Department of Public Works. DEP found violations involving Air Quality (vapor recovery), Hazardous Waste (storage/labeling) and Industrial Wastewater (floor drain) during an inspection in February, 2004. The town agreed to conduct a Supplemental Environmental Project (SEP) that involves the removal of debris from five specific areas in town located near either wetlands or waterways. Collection, transportation and disposal of collected materials (tires and scrap metal) will be recycled and other materials will be disposed of in an appropriate manner. DEP agreed to suspend the Penalty provided all terms of the Order are met.
8/27/04: DEP issued a Unilateral Administrative Order to Gonynor Trust, owner of the Meadow Woods Trailer Park, directing the Trust to take affirmative steps to disconnect one of three unapproved drinking water wells on the property.

8/25/04: DEP executed a Consent Order with a $25,050 Penalty regarding Mace Adhesives & Coatings Company, Inc., of Dudley for violating Hazardous Waste and Air Quality Regulations. The Company was illegally storing hundreds of drums, most of which contained uncharacterized, unusable hazardous wastes. In addition, the company operated as a major source of air emissions without having first obtained the appropriate permit, and it failed to maintain adequate operating records. In addition to the Penalty, the company must properly characterize all drums on site, and designate them for either re-use on site or for timely proper disposal. In addition, a tracking system will be put in place to ensure the timely reuse or disposal of future materials.

8/24/04: DEP issued a Notice of Noncompliance (NON) to Waste Systems International (WSI) regarding the South Hadley Landfill. The NON was issued to WSI to address landfill gas odors observed both on and off-site.

8/23/04: DEP entered into a Consent Order with a $3,500 Penalty involving F.L. Roberts and Company, Inc., of West Springfield. The company failed to achieve 95% reduction in off-gas emissions from a soil and groundwater remediation system. As part of the agreement, F.L. Roberts will identify other facilities it operates where a similar approach had been used and provide a plan for modifying those procedures to prevent future emissions. The company will then provide documentation of this plan's implementation.

8/23/04: DEP issued a Unilateral Administrative Order and a $300 Penalty Assessment Notice to Hill Top Motel of Shelburne. The facility is a public water system that failed to submit its required annual statistical report. The facility is still required to submit the report in addition to the Penalty.

8/23/04: DEP issued a Unilateral Administrative Order and $300 Penalty to Camp Stanica of Palmer. The Camp is a public water system that failed to submit its required annual statistical report. That report along with the Transient Non-Community/Public Water System self-survey is still required in addition to the Penalty.

8/23/04: DEP entered into a Settlement Agreement with a $5,160 Penalty regarding Pride Convenience, Inc., of Springfield. Pride agreed to address violations discovered during inspections at three of the company's motor vehicle fuel dispensing facilities. As part of the settlement agreement the Company has agreed to correct the violations and pay a $2,580 penalty. DEP suspended an additional $2,580 if the Company remains in compliance for one year.

8/20/04: DEP issued a Unilateral Administrative Order against Bridle Cross Realty Trust and Bovenzi, Inc., for wetlands violations on a 154-acre development project in Fitchburg, near the Leominster border. The aforementioned parties filled in wetlands and proceeded to work without a 401 Water Quality Certification. The Order directs the parties to cease and desist, and to engage the service of a professional wetlands engineer to develop a plan for restoration of the affected resources.

8/20/04: DEP assessed a $30,000 Civil Administrative Penalty to Shirley and Vincent Moccio of Agawam. The owners of the property located at 91 Ramah Circle (Former Ken Rick's Auto Repair) were cited for failure to complete response actions involving the cleanup of fuel oil and gasoline on the site. The site has been an automotive service and repair facility since 1950. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

8/20/04: DEP entered into a Consent Order with a $4,000 Penalty regarding Leonard E. Belcher Inc., of Springfield. Belcher was cited for failure to complete cleanup actions after releases of fuel oil were identified in the soils and groundwater on-site. Belcher owns a fuel oil terminal located at 195-225 Armory Street, in Springfield. Since 1987 Belcher has performed response actions to address the contamination but has repeatedly failed to submit the appropriate reports to DEP.

8/20/04: DEP assessed a $30,000 Civil Administrative Penalty to Spartan Nominee Realty Trust of Holyoke. The owners of property at 195 Appleton Street were cited for failure to comply with hazardous waste regulations and perform response actions involving cleanup of a petroleum release at the site. The Trustees are listed as Harry Xarras and Maryruth Ryan, both residents of Fitchburg.

8/19/04: DEP entered into a Consent Order with a $30,000 Penalty involving Dexter-Russell, Inc., of Southbridge. The Order was issued to Dexter-Russell, Inc. of 44 River Street for failure to meet requirements of DEP's Notice of Noncompliance. Specifically, the Company failed to remediate a hot spot of benzene in groundwater that exceeded Upper Concentration Limits. In addition to the Penalty, the Company has agreed to conduct aggressive groundwater remediation.

8/18/04: DEP entered into a Consent Order with a $1,500 Penalty regarding Stanley Sefton of Chicopee. Sefton, the owner of the former Niemiec's Auto Service in Chicopee, was cited for failing to notify DEP of a release of gasoline in a timely manner. Sefton and the prospective purchaser have also promptly arranged for cleanup of the gasoline contamination at the property.

8/16/04: DEP entered into a Consent Order with a $2,300 Penalty regarding New England Gas Company of Fall River. The company's facility, located at 120 Charles Street was cited for dispensing motor vehicle fuel into a gasoline (in-ground) storage tank without a vapor balance system. In addition to the Penalty, the company will install the vapor balance system.

8/13/04: DEP executed a Consent Order with a $6,600 Penalty regarding KSA Associates, Inc. of Chicopee to address violations at the company's motor vehicle fuel dispensing facility. DEP issued a Notice of Noncompliance to the facility after a February 26, 2004 inspection found Stage II Air Quality (Vapor Recovery) violations. The May 13th follow-up inspection revealed similar and new violations at the facility. As part of the settlement agreement the Company has agreed to correct the violations. DEP agreed to suspend $5,100 if KSA remains in compliance for one year.

8/13/04: DEP executed a Consent Order with a $4,000 Penalty regarding Crisci Tool and Die, Inc. of Leominster for violating Hazardous Waste Regulations. The Company stored waste oil longer than allowed and failed to post appropriate signs in its waste-oil-accumulation area and failed to follow hazardous waste manifest requirements.

8/13/04: DEP executed a Consent Order with a $25,000 Penalty regarding Feldman Construction Company of Rockport. Feldman the operator of a contaminated site in Rockport at 3 Sandy Bay Terrace was cited for being out of compliance with cleanup requirements. The Order addresses five years of noncompliance, in which Phase II, III, IV and RAO deadlines have been missed

8/12/04: DEP entered into a Consent Order with a $25,000 Penalty regarding G-D Acquisition, LLC, of Newburyport. The owners obtained from DEP on 3/29/01 a superseding order of conditions for work in/around the resource area at16 Henry Graf Jr. Road in Newburyport. The company exceeded the order in scope and timeframe. In addition to the Penalty, the owners agree to take immediate steps to bring the construction site into compliance and restore the impacted area.

8/6/04: DEP executed an amended Consent Order with the Monson Water & Sewer Department of Monson. The Order extends timeframes for completing the Bunyan Road replacement well.

8/6/04: DEP issued a cease-and-desist Unilateral Administrative Order to Raymond A. Palmer, Jr., of Atlantic Avenue in Westport. DEP issued the Order for allowing unauthorized vehicle passage and parking. The activities occurred within the habitat of a rare species (piping plover), destroyed dune vegetation and destabilized coastal dune.

8/6/04: DEP executed a Consent Order with a $56,250 Penalty involving Charlotte Bakken of New Ipswich, New Hampshire for violating Air Pollution Control (Asbestos) Regulations at a rental property she owns in Fitchburg. During the inspection, DEP personnel found unmarked household trash bags of dry, friable asbestos pipe insulation in the basement of the property and observed pieces of the asbestos insulation uncontained on the floor. The asbestos waste was generated from an improper asbestos removal conducted by an unlicensed tenant of the building. DEP agreed to suspend all but $1,000 of the Penalty based on Bakken's financial circumstances and provided she does not violate any of the citations in the Consent Order within one year.

8/6/04: DEP executed a Consent Order with a $15,562 Penalty involving Mitchell Excavating, Inc. for Air Quality (Asbestos) violations. DEP observed, during the demolition of the old Gardner Freight House in Gardner, that dry, friable, uncontained asbestos insulation and asbestos-containing thermal paper was mixed throughout the debris. The company conducted the demolition activity and handled the asbestos-containing fire debris without notifying the DEP or ensuring that the asbestos-containing waste materials were properly handled, packaged, labeled and stored as required by the regulations. DEP agreed to suspend $6,562 of the Penalty provided the company (which is based in Shelburne, MA) does not violate any terms of the Order within one year.

8/5/04: DEP issued a Unilateral Administrative Order (UAO) to Robert and Barbara Crawford for alterations of a wetland and intermittent stream on their property in Oakham. The UAO requires the Crawfords to cease from further activities that affect wetland resources. DEP noted a future Enforcement Conference to discuss penalties and remedies.

8/3/04: DEP entered into a Consent Order with Boxford Police Department. As a public water supplier, the Boxford Police Department failed to address elevated levels of arsenic. Under the terms of the Order, a water treatment study will be submitted to the DEP with plans & specifications for full-scale treatment no later than 12/1/04.

8/3/04: DEP executed a Consent Order with Attleboro Ice and Oil Co., Inc. for waste-site cleanup violations related to an Activity and Use Limitation (AUL) at 72 Pleasant Street in Attleboro. The Order requires the company to conduct additional assessment relative to the clean-up and closing-out of this site. The company also agreed to conduct a Supplemental Environmental Project (SEP) to develop a company-wide response plan for emergencies and releases that affect or potentially affect the environment, as well as training company employees on the plan.

8/3/04: DEP entered into a Consent Order with a $7,700 Penalty regarding Walter A. Furman Co., Inc. of Fall River for violating air pollution control and hazardous waste regulations. The violations included acting as an illegal storage facility, improper labeling, inadequate aisle spacing in the hazardous waste accumulation areas and improper record keeping.

8/3/04: DEP executed a Consent Order with a $6,200 Penalty involving Chiller Components, Inc. of Sutton for violating Hazardous Waste Regulations. The company accumulated waste oil in excess of the time limit allowed; failed to properly complete and maintain records; and, failed to comply with other hazardous waste regulations. DEP agreed to suspend $3,780 of the penalty pending completion by the company of a Supplemental Environmental Project (SEP). The SEP calls for the company to provide Advanced Driver Training for Sutton's Police, Fire, EMS, and DPW workers, all of whom are first responders to hazardous material/waste incidents.

8/3/04: DEP issued a Unilateral Administrative Order regarding New Street Landfill, City of Cambridge. DEP issued the Order to the city of Cambridge for exceedence of lower explosive limit (LEL) in landfill gas monitoring on the western edge of New Street Landfill. The Order requires immediate steps to abate the condition including assessment and submittal of a scope of work.

8/2/04: DEP entered into a Consent Order with the town of Merrimac for exceeding its permitted water withdrawal rates by more than 100,000 gallons per day during 1998, 1999 and 2003. The town agreed to reduce unaccounted for water (currently 21%) to 15% or less; complete a leak detection survey, and make the necessary repairs; and, submit and implement a plan to accurately meter residential users. The town will also document its demand projections in order to receive its water withdrawal permit for 2005 forward, and provide information on water conservation and water bans to residents.

8/2/04: DEP entered into a Consent Order with a $50,000 Penalty regarding wetlands violations at 180 Southern Avenue in Essex. John Filias purchased this property from Thomas and Ruth McClain in 2003, and an inspection by DEP in 2004 found that the current and former owners had altered (.4) acres of Bordering Vegetated Wetlands along with 90 feet of intermittent stream without approval. The McClains and Filias have agreed to characterize the fill material used for proper disposal and restore/replicate the resource areas. DEP agreed to suspend $25,000 of the Penalty if all terms of the Order are met.

July 2004

7/30/04: DEP entered into a Consent Order with a $6,000 Penalty regarding Fitchburg Gas & Electric Light Company of Fitchburg for violating Hazardous Waste Regulations. The company acted out of their registered hazardous waste status and failed to properly label a waste oil accumulation tank. DEP agreed to suspend $4,500 of the penalty pending completion by the company of a Supplemental Environmental Project (SEP). The SEP calls for the company to give the Fitchburg Fire Department $4,500 to be used toward the purchase of a one hour, high-pressure self-contained breathing apparatus for use in hazardous material/waste response.

7/28/04: DEP issued a demand for $15,000 in stipulated penalties to the City of Lawrence for failing to perform work and meet deadlines established in a 1999 Consent Order with DEP. In addition, the city failed to operate and maintain the immediate treatment plant improvements made with financial assistance from the State Revolving Fund.

7/28/04: DEP executed a Consent Order with a $5,750 Penalty involving Cianbro Corp. for violations at a construction site on the South End Bridge in Agawam. Cianbro (based in Pittsfield, Maine) failed to notify DEP within two hours of a release at a construction site on the South End Bridge in Agawam. Cianbro is the primary contractor for the project over the Connecticut River, located on Route 5. DEP received notification on 4/6/04, at 7:20 AM of a release of hydraulic fluid. While Cianbro personnel took immediate action to contain the release and abate any impact, DEP discovered the release had occurred at 12:32 AM. DEP agreed to suspend $2,000 of the Penalty if Cianbro provided documentation of prevention and response measures for oil and hazardous waste spills, including personnel training.

7/28/04: DEP entered into a Consent Order with a $9,200 Penalty involving Gas Recovery Systems, LLC, 234 Thatcher Street of East Bridgewater. The company was not registered as a generator of hazardous waste; was acting as an illegal storage facility; was improperly labeling fifty-five gallon satellite containers of oily solids in the engine area; and, did not label two waste oil tanks within the accumulation areas. In addition the company failed to submit a timely application for a change in business name, division name, or facility name as required under its Operating Permit.

7/28/04: DEP issued a $30,000 Penalty Assessment Notice to Moccio Equipment Corp., of Agawam for failure to complete response actions involving the cleanup of fuel oil. A release of fuel oil at the company's facility in Agawam, originated from an underground storage tank failure, and resulted in the discharge of fuel oil to a nearby brook in April 1996. Response actions were initiated by Moccio, including removal of the tank and removal of contaminated soil, however completion of the cleanup has not been done despite issuance of a previous penalty and a Unilateral Administrative Order by the DEP in January 2003.

7/28/04: DEP entered into a Consent Order with Gene Sebastino Sr. & Jr. and Mark Lavariere, all of North Adams. The operators of this auto repair facility located at 708 State Road agreed to complete response actions associated with an oil release at the site. The site is located in a potentially productive aquifer, the Zone II of a public water supply well and a residential area. The Order includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

7/27/04: DEP executed a Consent Order with a $9,000 Penalty involving asbestos removal violations at a Pittsfield residence. Larry Galloway, a resident of Pleasant Ridge, Michigan, has agreed to complete the cleanup of the property. A DEP inspection of property on Pine Grove Drive revealed Galloway had removed approximately 110 linear feet of asbestos piping insulation from the basement and 200 square feet of floor tiles. The asbestos material was put into unlabeled bags that were left curbside.

7/26/04: DEP entered into a Consent Order with an $18,000 Penalty involving Naushon Island Trust of Gosnold. The Trust failed to notify DEP of an oil spill on Naushon Island of approx 100 gallons of home heating oil and conducting an Immediate Response Action without DEP approval. In lieu of the Penalty, the Order requires a Supplemental Environmental Program (SEP) where the Trust made a $20,000 donation to the Coalition for Buzzards Bay to help pay the cost of developing a Geographic Response Plan to address future oil spills in Buzzards Bay.

7/26/04: DEP executed a Consent Order with a $23,000 Penalty regarding Fox4 Paintball LLC for filling of 20,000 square feet of wetlands resource area in Upton. The Order requires removal of the fill material ' some of which included Solid Waste ' and complete the restoration of the impacted wetlands.

7/26/04: DEP entered into a Consent Order with Glen Ellen Country Club of Millis for violations of the state's Clean Waters Act. The private country club, which currently discharges wastewater through three septic systems, has agreed to submit plans for wastewater treatment facility and groundwater discharge permit.

7/26/04: DEP entered into a Consent Order with ZPF LLC of Somerville. As the owners of 520 Columbia Street in Somerville, ZPF was notified in Jan. '04 it was overdue for response actions. The Order requires ZPF to bring the site into compliance by 9/30/04.

7/23/04: DEP entered into an agreement with the Department of Conservation and Recreation (DCR) relative to a drawdown of Greenwater Pond in Becket. DCR failed to obtain an extension of its Order of Conditions allowing the work. After the drawdown, the Dam Safety Division inspected the dam and prohibited the refilling of the pond prior to repair. DCR has agreed it will not permit further drawdown of the pond, except in compliance with the Dam Safety Order and after obtaining a valid Order of Conditions.

7/21/04: DEP executed a Consent Order with an $8,000 Penalty involving S&R Corporation in Lowell regarding asbestos removal notification violations. DEP inspectors arrived at a former powerhouse building in Chicopee during February 2004 for a pre-work inspection of an asbestos removal and demolition project. DEP observed the contractor had already completed the job and had left the site without having properly notified the DEP in advance of its activity. DEP agreed to suspend $3,000 provided the company ensures that all future asbestos and demolition projects in the Commonwealth will be conducted with proper management oversight regarding prior notification and the required submittals to the DEP.

7/21/04: DEP executed a Consent Order with a $2,500 Penalty involving Dimitri Salagornik to settle issues resulting from the demolition of a Chicopee building in July, 2003. DEP inspectors arrived at a residential site after receiving a complaint about dust from demolition activity on the upper floors of a residence. DEP observed that Salagornik had demolished the upper floors of the house and parts of the basement walls were exposed. Through the openings, the inspector observed that there was damaged asbestos from steam pipes on the basement floor and on the foundation walls. Salagornik immediately hired a local asbestos abatement contractor to properly remove all the asbestos.

7/21/04: DEP entered into a Consent Order with an $11,630 Penalty involving Randolph Products in Chicopee for air quality and hazardous waste violations. The violations were discovered during a DEP inspection conducted on February 11, 2004. The violations included the operation of previously installed equipment without first obtaining DEP approval. DEP agreed to suspend $6,630 if all terms of the Order are met.

7/21/04: DEP executed a Consent Order with a $10,800 Penalty involving Boyd Coatings Research Company, Inc., of Hudson for Air Quality and Hazardous Waste violations. The company failed to obtain an air quality plan approval, acted out of its registered hazardous waste status, and failed to comply with other hazardous waste accumulation/management regulations. DEP agreed to suspend $4,050 of the penalty pending completion by the company of an Environmental Management System, essentially an audit of the company's environmental standards and practices and implementation of any necessary changes.

7/21/04: DEP entered into a Consent Order with a $1,250 Penalty involving Boyd Coatings & Paints Company, Inc., of Hudson for Hazardous Waste violations. The company acted out of their registered hazardous waste status and failed to comply with hazardous-waste manifest requirements. DEP will suspend $1,000 of the penalty pending the company's compliance with the Department's Small Business Policy.

7/21/04: DEP issued a $75,000 Penalty Assessment Notice (PAN) to A-Plus Abatement Contractor, Inc., for violations during the removal of asbestos from the interior of a building on Main Street in Springfield. The asbestos abatement company (which is based in Pawtucket RI) caused emissions when a breach occurred in the containment in the top floor of the building. The emissions, which occurred in August of 2003, impacted the exterior walls of the building as well as the sidewalk on Main Street.

7/21/04: DEP executed a Consent Order with a $5,000 Penalty involving Michael Moore, d.b.a., Building Renovation Services of Springfield. The Order addresses asbestos removal violations discovered in February 2004 during an unannounced inspection of an asbestos removal operation. DEP observed the contractor had failed to properly maintain its air cleaning equipment and was not utilizing proper-sized filters for the unit. In addition, the state's Division of Occupational Safety has suspended the company's asbestos removal license for other violations.

7/20/04: DEP entered into a Consent Order with $7,000 Penalty involving Boyco Corporation of Springfield. Boyco failed to take timely Response Actions regarding the cleanup of its 846 Bay Street property. The site is the former Cohen Bros. Scrap Metals Yard, where a metals salvaging business has been in operation for over 80 years. The site currently contains large piles of metal filings and metal debris mixed with soil, and known releases of oils and solvents to soil and groundwater. Boyco agreed to take appropriate action to bring the site into compliance; DEP agreed to suspend the Penalty if all terms of the Order are met.

7/20/04: DEP executed a Consent Order with a $2,875 Penalty to bring the Town of Harvard's Bromfield wastewater treatment facility into compliance with the terms of its groundwater discharge permit. The facility was found to be exceeding its effluent limits for nitrogen, total suspended solids and BOD. The town will pay $500 of the Penalty, and the remaining ($2,375) will be suspended pending compliance with the Order.

7/19/04: DEP collected $30,626 in stipulated penalties from Edward Linehan & Richard Gillis of Weston due to wetlands violations on property in Weston. When Linehan & Gillis failed to meet the deadline for payment of the stipulated penalties, the matter was forwarded to debt collection. The payment of $30,626 represents a tripling of the original stipulated penalty.

7/16/04: DEP issued a $300 Penalty Assessment Notice to Buffington Hill Partnership, of Worthington for failure to submit annual statistical report required for all public water suppliers. This public water system, also known as Hickory Hill Touring Center, has had previous noncompliance with this requirement.

7/12/04: DEP issued a $300 Penalty Assessment Notice to Mountain View Campground in Otis. As a public water system (PWS) the Campground was cited by DEP for failure to submit its annual (and required) statistical report. This PWS has had a pattern of noncompliance with this requirement.

7/12/04: DEP entered into a Consent Order with a $20,400 Penalty regarding Broadway Brake Corporation (BBC), of Brockton. DEP responded to 1093 North Montello Street in Brockton after receiving notification that the site had more than 100 drums (55-gallon capacity) of waste oil and two tanks of oil or oily waste stored at the site. As a result of the Department's inspections, the Department has determined that the Respondents are not registered as a generator, they are acting as a storage facility without a license, they are recycling without a valid permit, they failed to keep records of the material being stored, they are receiving waste oil from persons without records of receipts of waste oil, and transporting waste oil without a valid license to transport, etc.

7/12/04: DEP executed a Consent Order with a $500 Penalty involving the Town of Middlefield (Highway Dept.) to address violations related to late notification of a 72-hour release conditions. The town was cited for failure to initiate Immediate Response Action relative to groundwater exceedences within 500' of a Public Water Supply well, in addition to inadequate assessment and reporting. Middlefield has agreed to submit a corrected plan, and submit a report that documents the data derived from the additional fieldwork. In addition, Middlefield will also submit either an IRA Status Report or an IRA Completion Report.

7/9/04: DEP entered into a Consent Order with a $4,000 Penalty involving Millennium Engineering of Newbury for submitting improper septic system design information regarding new construction at a single-family home in Newbury. Millennium did not submit accurate flow estimates for the project, improperly designed the trench configuration and failed to demonstrate a reserve area for the system. If all terms of the Order are met (including full compliance with septic system regulations), the DEP agrees to suspend $1,000 of the Penalty.

7/8/04: DEP entered into a Consent Order with a $25,000 Penalty involving Winsor Realty/Albanese Brothers Inc, of Essex regarding wetlands violations at 34 John Wise Avenue in Essex. Winsor/Albanese and its trustees: Stephen Greenbaum & Elizabeth Pratt, allowed a Bordering Vegetated Wetlands to be filled/altered at that location while operating a rock crushing operation. In addition to the Penalty, the trustees have agreed to restore the wetlands and submit monitoring reports for the restoration until 2007. If all terms of the Order are met, DEP agrees to suspend $5,000 of the Penalty.

7/8/04: DEP executed a Consent Order with a $9,400 Penalty involving the United States Army, Devens Reserve Forces Training Area (DRFTA) of Devens for violating Hazardous Waste Regulations. The DRFTA did not properly dispose of waste oil within timeframes associated with their generator status, failed to properly label waste oil drums, failed to properly maintain hazardous waste manifests, and failed to comply with requirements associated with its Personnel Training Plan and Contingency Plan.

7/8/04: DEP entered into a Consent Order with a $3,825 Penalty involving United Comb & Novelty Corporation of Leominster for Air Quality and Hazardous Waste violations. United Comb failed to keep containers containing organic compounds closed to minimize evaporation, acted out of their hazardous waste status by generating excess waste oil, and failed to comply with applicable waste oil management standards (labeling, marking, signing).

7/8/04: DEP executed a Consent Order with a $3,550 Penalty with MicroGroup, Inc. of Medway for Air Quality, Hazardous Waste and Industrial Wastewater violations. The Company failed to keep containers containing organic compounds closed to minimize evaporation, conducted waste oil activity without proper notification to the Department, failed to properly label hazardous waste accumulation containers, failed to meet requirements governing emergency procedures, prevention and response, and operated an industrial wastewater treatment facility without an adequately certified operator. The ACOP assesses a $3,550 penalty.

7/7/04: DEP executed a Consent Order with a $25,750 Penalty regarding the Longview Fiber Company, located at 100 Palmer Avenue, West Springfield for Air Quality violations. The company, which is located at 100 Palmer Avenue, had installed and operated a flexographic press at its corrugated box manufacturing facility without obtaining the required approval. In addition, Longview had failed to correctly report its volatile organic compound and hazardous air pollutant emissions as required by a DEP-issued approval for several other presses at the facility. Further, the company failed to certify in the Environmental Results Program when it became applicable. Longview agreed to provide proper air and industrial wastewater certifications for its facility, and is now focusing more resources to evaluating its environmental obligations.

7/6/04: DEP Commissioner issued a Final Decision resolving an appealed Unilateral Administrative Order (UAO) sent to Thomas W. Michalak d/b/a T.W. Michalak Polishing & Plating of Worcester. On 12/26/03, the DEP issued the UAO after an inspection of the company revealed numerous violations of Hazardous Waste and Air Quality Regulations. The company opted to appeal the UAO, and today's Final Decision approves an Administrative Consent Order (ACO) that requires the company to comply with all applicable regulations.

7/6/04: DEP Commissioner issued a Final Decision resolving an appeal by Coyne International Enterprises, Corp., d.b.a., Coyne Textile Services of Worcester. After numerous violations (and subsequent enforcement actions) of Air Quality Regulations, which caused lint to be emitted to the neighborhood around the Coyne facility, the Department issued a $10,000 Penalty in May of 2003. The Final Decision assesses the full $10,000 penalty and will suspend $5,000 of the Penalty pending the installation and operation of a new boiler. In addition, for the next two years the company faces stipulated penalties of $5,000 for each day on which operation of the facility causes or contributes to a condition of air pollution. Standard Operating Procedures involving lint control shall also be revised.

7/7/04: DEP reached a settlement involving 307 Beacon Street Condominium Trust, Boston. DEP issued a $7,500 Penalty to the Trust for failure to conduct appropriate response actions surrounding the release of 275 gallons of home heating oil that occurred on 2/17/01. In addition to the Penalty, the Trust has agreed to strict timelines for the submittal of response actions.

7/2/04: DEP issued a Unilateral Administrative Order to the Town of Greenfield relative to the failure of a landfill stormwater retention basin and certain erosion damage. The Order requires the Town to repair the basin that failed and mitigate erosion on those slopes located between the landfill and the Deerfield River.

June 2004

6/30/04: DEP executed a Consent Order with $11,500 Penalty regarding Quebecor World Eusey Press, Inc. of Leominster for violating Air Pollution Control, Hazardous Waste and Environmental Results Program (ERP) Regulations. The company's air violations included: testing, reporting and record keeping. Hazardous Waste violations included: acting out of status, container management and accumulation area deficiencies. ERP violations involved the company failing to obtain a sewer connection permit for their industrial wastewater discharge. The company will comply with all applicable regulations and complete an Environmental Management System (EMS). Through the application of the Department's Guidance on Incorporating EMS into enforcement policy, $5,750 of the penalty will be suspended provided the EMS is implemented.

6/29/04: DEP entered into a Consent Order with a $67,500 Penalty regarding asbestos violations by Environmental Enterprises & Assoc The violations were found during inspections of asbestos removal sites in Boston, Danvers, Weymouth, Abington and Worcester and involved notification, proper removal, containment, air cleaning and waste disposal. DEP agreed to suspend $42,500 of the Penalty provided EEA comply with all terms of the Order over a two-year time period.

6/28/04: DEP executed a Consent Order with a $2,250 Penalty involving Niagara Cutter-Athol, Inc. of Athol for violating Hazardous Waste Regulations. The Company stored waste oil longer than allowed by their registered generator status and failed to determine whether the waste it generated is hazardous.

6/28/04: DEP executed a Consent Order with a $1,000 Penalty regarding Alpha Wire Company of Leominster for violating Air Pollution Control and Hazardous Waste Regulations. The Company failed to operate their facility in accordance with an Air Quality Plan Approval (record keeping), generated hazardous waste in excess of it registered status, and failed to meet the requirements governing emergency procedures, prevention and response.

6/25/04: DEP entered into a Consent Order with a $20,000 Penalty involving Winnetu Hotel Resort Complex in Edgartown on Martha's Vineyard for water supply and wastewater violations. The Order requires compliance with violations associated with maintaining a public water supply and providing treatment at its large Title 5 system operations.

6/24/04: DEP executed a Consent Order with a $10,000 Penalty regarding Dunstable Gas, Inc. for Air Quality violations at their gas station located at 238 Pleasant Street, Dunstable. The company failed to respond to an Oct/2003, Notice of Noncompliance issued by DEP, which cited the failure to maintain and conduct tests on the vapor recovery equipment, submit annual forms, and other record keeping, and posting violations. The gas pumps were not taken out of service within 14 days after failing tests, as required. Additionally, the Company inaccurately certified to regulatory compliance at the station and failed to conduct the required vapor recovery tests for 2001 (installation) and 2002. This station ' based on its average of 750,000 gallons per year ' has the potential to emit 7.5 tons of VOCs and hazardous air pollutants.

6/24/04: DEP entered into a Consent Order with a $32,000 Penalty involving Drake Petroleum Company, Inc. (d.b.a. Xtra Mart) for operating an on-site public water supply without a permit at their gas station and convenience store located at 1 Milford Street in Mendon. The chemical MTBE was present in the on-site well at levels exceeding DEP standards and the well does not meet the criteria for a public water supply source. At the direction of DEP the company ceased serving food and beverages prepared at the facility. The Order requires documentation that the water source will not be used as a public supply and food and beverage preparation will not take place at the facility.

6/22/04: DEP executed a Consent Order with a $20,000 Penalty involving Alden Research Laboratory, Inc. of Holden for violating Air Pollution Control and Industrial Wastewater Regulations. The Company, located within the Wachusett Reservoir Watershed, discharged non-sanitary process wastewater from its Fish Testing Facility to the ground without a permit, and installed and operated two diesel engine and power generator sets without first obtaining appropriate approvals/permits. Under terms of the Order, $15,000 of the Penalty is designated as a Supplemental Environmental Project (SEP). The SEP monies will be given to the Friends of the Wachusett Watershed, a local non-profit organization, who will use the money to purchase equipment and supplies for water quality monitoring and will provide training to regulated entities, communities, and schools within the watershed.

6/22//04: DEP entered into a Consent Order with a $22,562 Penalty regarding Daigle Enterprises, Inc. of Methuen. Daigle, an approved septage hauler known as 'Rooter Man' was applying non-approved septic additives to septic systems at residences, commercial establishments and restaurants. DEP agreed to suspend $7,562 of the Penalty provided all terms of the Order are met. In addition, Daigle must provide a list of the establishments and must notify each that the unapproved additives must not be used and should be discarded properly.

6/21/04: DEP entered into a Consent Order with the Trustees of the Reservations for expansion of its Doyle Conservation Center in Leominster without a valid sewer connection permit. The City's sewer system is under a sewer moratorium prohibiting connection of any new construction. The Order requires that within one year the Trustees of Reservation, which is based in Beverly, must install an approved on-site subsurface disposal system to service the new expansion. In the interim, the Trustees may apply to the Department for the temporary use of a tight tank system to be overseen by the City. Under the terms of the Order, a $5,750 Penalty is suspended but will be due if any terms of the settlement or other Department regulations are violated within one year.

6/21/04: DEP entered into a Consent Order with a $20,000 settlement regarding Poly Metal Finishing, Inc. of Springfield to address air pollution, hazardous waste, and industrial wastewater violations. The violations were discovered during a DEP inspection conducted on 6/8/03. Poly Metal will pay $5,000 of the Penalty, correct the violations and perform a Supplemental Environmental Project (SEP) in the Watershops Pond area in coordination with the Springfield Water and Sewer Commission. The Company will also develop and complete an EMS for its facility that will assess the overall environmental conditions and circumstances of all of its operations. The remaining $15,000 of the penalty will be suspended provided Poly Metal complies with all terms of the Order.

6/18/04: DEP entered into a Consent Order regarding Drake Petroleum Company (d.b.a. Xtra Mart) in Southampton. Drake, which owns and operates a gasoline station located at 247 College Highway, Southampton has agreed to comply with deadlines for submittal of Phase IV reports and completion of response actions in a timely manner. Subsurface investigations in 1996 indicated the presence of diesel fuel and gasoline in the soils and groundwater under the station. The site is located in a potentially productive aquifer, the Zone II of a public water supply well, and a residential area. The Order includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.

6/18/04: DEP concluded a Consent Order with Williamsburg Water Department in Williamsburg regarding water supply violations. DEP originally noted the violations in a Sanitary Survey (a compliance report issued by DEP). The water supplier, however, did not address the staffing issues, the emergency response issues, and the maintenance of a storage tank as required. Today's Order now enacts a fixed schedule to resolve these issues.

6/18/04: DEP entered into a Consent Order with Westhampton Elementary School, Westhampton regarding underground injection control requirements (UIC) at this public water system. The non-compliance was identified during a Sanitary Survey at the facility

6/17/04: DEP executed a Consent Order with a $10,000 Penalty involving Webster A. Collins of Falmouth for illegally dumping solid waste, hazardous materials and fill material at 87 Garnet Avenue in Falmouth. Approximately 20 containers containing potentially hazardous materials were observed by DEP and determined to constitute a threat of release of oil and/or hazardous materials. Further, it was noted the storage of solid waste located at the Site was done without a site assignment. The Order to cease-and-desist was issued. By 6/30/04 the violator shall remove all solid and hazardous waste and, all fill material contaminated with solid waste and hazardous waste and materials (if any), from the site. If all terms of the Order are met, $3,500 of the Penalty will be suspended.

6/17/04: DEP issued a boil order to the South Royalston Improvement Corporation (a public water system of approx 52 customers). The public notice is being hand delivered to all customers. The water supplier will be disinfecting the system, collecting additional bacteria samples and conducting a study of the system to determine the source of contamination.

6/16/04: DEP entered into a Consent Order with a $5,000 Penalty involving Gold Medal Bakery, Inc., of Fall River. The bakery is registered with the DEP as a minor source for their emission of criteria pollutants. The violations consisted of construction for the placement of two diesel-generating units without a permit.

6/15/04: DEP issued a Unilateral Assessment Order to Aggregate Industries of Stoughton for filling within a wetland resource area that included, Bordering Vegetated Wetland and associated Buffer Zone without a permit or approval from the local Conservation Commission or DEP. The Order ordered Aggregate to immediately cease and desist from all unpermitted wetland resource area activities.

6/15/04: DEP executed a Consent Order with a $56,250 Penalty regarding Benjamin Builders Realty Trust of Townsend for Air Pollution Control (Asbestos) violations. Before performing work at a property it owns in Westminster, the Trust failed to submit notification of demolition/renovation operations involving asbestos-containing material. The Trust failed to properly wet, seal, and label asbestos waste at the property and stored asbestos-containing materials at a location that is not approved for asbestos or 'special waste.' Through the application of the DEP's Policy for Small Business, $36,250 of the Penalty will be suspended.

6/15/04: DEP executed a Consent Order with a $39,375 Penalty involving John M. Cowen, Sr., of Hopedale for Air Pollution Control (Asbestos) violations. Cowen failed to submit demolition/renovation notification for work on a residence in Hopedale involving asbestos-containing material. Cowen failed to properly wet, seal and label asbestos waste at the property, and stored asbestos-containing materials at a location that is not an approved for 'special waste.' Due to financial hardship, $38,375 of the penalty was suspended.

6/14/04: DEP completed a Consent Order with a $5,000 Penalty involving the City of Pittsfield relative to a discharge of wastewater from a manhole near the City's Publicly-Owned Treatment Works (POTW) during a significant rain event. Significant Inflow and Infiltration (I/I) have burdened the POTW and had been a cause of the discharge. After extensive negotiations, the City has now agreed to undertake a substantial study of its sewer system. The City has allocated $300,000 for an I/I study over two fiscal years in order to meet the terms of the Order. DEP agreed to suspend the Penalty provided the City completes the I/I study and complies with the terms of the Consent Order. In addition to the study, the City council approved significant rate increases to fund additional long-term improvements to sewer system infrastructure.

6/14/04: DEP entered into a Consent Order with a $15,000 Penalty involving Bruce Maksy for Wetlands and Water Quality violation on his property in Rochester. DEP determined violations at the site off Dexter Lane involved the clear-cutting of three acres of Bordering Vegetated Wetland (BVW), as well as the alteration of 2.2 acres of BVW, which was put into cranberry production. The Order requires Maksy to allow the natural restoration of three acres of wetlands and replication of 2.2 acres of wetlands. Maksy will file an application for the 2.2 acres that will be replicated by taking the cranberry bog out of production. Due to a demonstrated inability to pay, DEP agreed to suspend the entire $15,000 penalty.

6/14/04: DEP executed a Consent Order with a $7,500 Penalty regarding C. White & Sons (a Connecticut-based petroleum transportation company) for failure to notify DEP in a timely manner of a release of 25 gallons of gasoline. The release on 2/16/04 occurred when an employee of C. White overfilled an underground storage tank at a Stop & Shop gasoline station in Agawam. The spill impacted paved surfaces and a storm drain. The individual failed to notify the Agawam Fire Department, DEP, or the property owner. DEP was notified of the release 14 hours later by a consultant retained by C. White to evaluate the release. In addition to the Penalty and arranging for the prompt cleanup of the spill, C. White has also agreed to revise its spill response procedures and re-train employees.

6/14/04: DEP entered into a Consent Order with a $45,000 Penalty regarding Great Bear Farm (James Rezendes) of Rochester for the alteration of a total of two acres of Bordering Vegetated Wetlands (BVW) in two different locations on Rezendes property, and the construction of a reservoir. The agreement will require restoration of half an acre of BVW impacted by failure to implement proper erosion controls in the southeast portion of the property, and a total of 1.5 additional acres of restoration and replication adjacent to the reservoir in the northeast portion of the property.

6/14/04: DEP entered into a Consent Order with a $13,000 Penalty regarding J.J. Farrell, Inc. for erosion and sedimentation impacts on wetlands in Shrewsbury. The impacts resulted from the construction of Village At Orchard Meadows in Shrewsbury. In addition to the Penalty, Farrell is required to implement a comprehensive erosion and sedimentation control plan.

6/10/04: DEP executed a Consent Order with a $45,000 Penalty regarding Shining Rock Golf Course, LLC, for 'direct filling' and 'erosion filling' of property in Upton and Northbridge. The areas impacted involved over 20,000 square feet of wetland resource areas. DEP has agreed that $33,750 of the Penalty will be dedicated to a Supplemental Environmental Project (SEP) for Northbridge and Upton High Schools. The Schools will purchase equipment and supplies for water quality monitoring in town watersheds, mapping software, and related training materials. Funding may be used to develop, maintain and/or improve river walks as natural laboratory settings. Funding may also be used to implement testing programs for the Mumford, West and/or Blackstone Rivers (and their tributaries) through the use of a river classroom or to create permanent displays to educate students and the community about the activities described.

6/10/04: DEP finalized a Consent Order with a $4,000 Penalty involving Clean Harbors Environmental Services of Braintree to resolve past failures to submit accurate, complete and timely electronic monthly operating reports. DEP uses the reports to monitor shipments by licensed hazardous waste transporters in Massachusetts. Clean Harbors also agreed to pay stipulated penalties of $1,000 per violation per day if it files late, inaccurate, incomplete or non-machine-readable reports in the future.

6/10/04: DEP entered into a Consent Order with a $5,000 Penalty involving A.D. Makepeace Co. located off Tihonet Road in Plymouth and Carver for the alteration of approximately 3,500 square feet of Bordering Vegetated Wetlands (BVW). A.D. Makepeace will restore the altered wetlands and has agreed to perform a Supplemental Environmental Project (SEP) intended to create additional wetland areas at the Site where none previously existed with a minimum value of $5,000.

6/10/04: DEP executed a Consent Order with a $11,250 Penalty regarding A.M. Castle & Co. of Worcester for violating Air Pollution Control (Asbestos) Regulations. The Company handled dry, friable asbestos containing materials in a manner that caused or contributed to a condition of air pollution and failed to use asbestos waste disposal methods specified in the regulations. DEP has agreed to suspend $8,438 of the penalty pending completion of a Supplemental Environmental Project (SEP). The SEP will partially fund the pre-demolition removal of asbestos from abandoned, derelict structures which will be razed to make way for the new facility for the Boys' and Girls' Club of Worcester.

6/10/04: DEP executed a Consent Order with a $6,000 Penalty involving Tracy Durand for Wetlands violations at her horse farm in Uxbridge. The Conservation Commission discovered the violations through infrared mapping and reported their findings to DEP. The Consent Order requires a restoration plan for the wetlands altered.

6/9/04: DEP issued a Unilateral Order and a $164,750 Penalty Assessment Notice to Judith Comley, Steven Comley & Steven Comley II, of Rowley the chief representatives of the following: Scott Pine Realty Trust, Kittery Ave. Realty Trust and Grandview Enterprises. The violations involve alterations and or filling of wetlands in Rowley at the following sites: a portion of a 14.8 acre site at 130 Cross Street; and, a portion known as lot 83A off Mansion Drive. In addition to the Penalty, the recipients are required to submit plans to the DEP no later than 7/30/04 for the restoration of the impacted areas. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

6/9/04: DEP entered into a Consent Order with Polychronopoulis, LLC, of Newburyport. The company has agreed to replicate additional areas of wetlands not delineated in its original request to the Conservation Commission.

6/8/04: DEP executed a Consent Order with John Grant of Westford to resolve violations including failure to meet response action deadlines for the site located at 2 Carl Thomson Road, and operated by Mr. Grant as Elpako, Inc. Grant received a Notice of Noncompliance for these violations, and in response he submitted a schedule for returning to compliance. The Order was executed to formally establish these deadlines and calls for stipulated penalties if the terms are not met.

6/8/04: DEP entered into a Consent Order with the City of Worcester, for the old Worcester City Hospital Site at 26 Queen Street. The Order resolves Massachusetts Contingency Plans (MCP) issues concerning Worcester's failure to achieve compliance with deadlines established for the cleanup of contamination at the property. Worcester is now committed to deadlines, by which time certain actions will be conducted.

6/8/04: DEP executed a Consent Order with a $16,500 Penalty regarding Arthur Pappas/SDC Realty, LLC relative to the illegal disposal of solid waste on Pappas property in Auburn. The Order requires removal of solid waste material and site assessment of the property.

6/8/04: DEP executed a Consent Order with Grafton Partners, LLC relative to the illegal disposal of painted Asphalt, Brick & Concrete on their Grafton Property. The ACOP requires Grafton Partners to submit a Beneficial Use Determination application with a risk assessment to the Department and pay a $9,900 penalty.

6/7/04: DEP executed a Consent Order with Raymond C. Thurber of Dighton for placing a roadway consisting of loam and sea/clam shells through a wetland resource area. The Order requires the restoration of the wetland resource area, and requires Thurber to develop a forest cutting plan by contacting the Department of Conservation & Recreation and filing with the Conservation Commission in accordance with the Wetland Protection Act.

6/7/04: DEP issued a $1,720 Penalty Assessment Notice to Fitzgerald Fence Co., of Northampton for Air Quality violations. The fence manufacturer illegally conducted open burning (April, 2004) of solid waste materials, including pressure treated wood and wood waste. The Company did not have a permit to conduct open burning. The Northampton Fire Department responded, as well as the Department of Environmental Management's Bureau of Forest Fire Control, referred the burning activities to the DEP. DEP required the Company to remove burned and unburned material from the property for proper disposal at a landfill.

6/4/04: DEP entered into a Consent Order with a $31,500 Penalty involving Heffron Asphalt Corp. of North Reading for the unauthorized alteration of 10,000 square feet of Bordering Vegetated Wetlands at the company's Wilmington facility. Heffron has agreed to restore the altered wetlands. DEP has agreed to suspend $12,500 of the Penalty if all terms of the Order are met.

6/4/04: DEP issued a $4,000 Penalty Assessment Notice (PAN) to Advance Auto Parts, Inc. for waste-site cleanup violations at its 777 Boston Road, Springfield location. DEP learned through its audit that response actions conducted at the site involving the Activity and Use Limitation (AUL) did not adequately describe the activities and uses that must be limited or restricted in order to avoid future risk. In addition, the boundaries of the restricted area were not adequately documented. Prior to issuing today's PAN, the DEP tried to establish a deadline in December of 2002, to correct the AUL that is on record with the Registry of Deeds. That deadline was not met. DEP issued a Notice of Noncompliance in October 2003, establishing a timeframe within which to return to compliance. The timeframe for returning to compliance passed without action by the company. The PAN is accompanied by an Order to correct the deed restriction.

6/3/04: DEP executed a Consent Order with a $10,507.50 Penalty involving CPF Inc. of Ayer for violating Air Pollution Control, Hazardous Waste, and Industrial Wastewater Regulations. The Company, an independent bottler of famous brand sodas and water, generated hazardous waste in excess of their registered status, stored their hazardous waste longer than allowed and failed to meet other hazardous waste accumulation requirements. The Company has agreed to resolve all the violations.

6/3/04: DEP executed a Consent Order with a $28,125 Penalty regarding Robert Janda, d.b.a. R.J. Janda Plumbing and Heating Co. of Sterling. The company was cited for Air Pollution (Asbestos) violations while performing work at a residence in Sterling, including: the failure to notify the Department of asbestos removal project, and the failure to adequately wet and seal asbestos containing waste materials in labeled, leak-tight storage containers. The DEP has agreed to suspend $23,125 of the Penalty based on financial hardship.

6/2/04: Precision Lithograining Corp., South Hadley (WERO): DEP executed an agreement with Precision Lithograining Corporation in which the company will pay a $14,000 penalty for violating industrial wastewater disposal regulations. The violations were discovered in May of 2001, when the DEP became aware of a pH related incident at the South Hadley Wastewater Treatment Plant. In a separate incident on July 5, 2002, the company discharged caustic sodium hydroxide to the South Hadley Wastewater Treatment Facility. In addition to paying a penalty, Precision Lithograining Corporation has agreed to correct the violations and to remain in compliance with the terms and conditions of the Administrative Consent Order.

6/2/04: DEP entered into a Consent Order with a $12,000 Penalty regarding Chris Velonis of Beverly for the unauthorized alteration of approx. 1,720 square feet of bordering vegetated wetlands at 8 Thomas Road. In addition to the Penalty, Velonis is required to submit to the DEP by 6/30/04 a draft restoration plan for the altered area. The approved plan must be completed within 5 growing seasons and thereafter a monitoring plan will be incorporated into the Consent Order.

6/1/04: DEP executed a Consent Order regarding LaValley Oil Company of North Adams for failing to notify DEP of a release of 50 gallons of #2 fuel oil. The release occurred on 1/25/04, at 10:00 p.m. at the company's bulk storage facility on Hodges Cross Road when a transporter, Abenaqui Carriers, was filling a large above-ground storage tank at the site. LaValley, as owner of the site and responsible for notification, had knowledge of the release, but did not notify DEP. A contractor who responded to the clean up ultimately notified DEP on 1/26/04 at 3:20 p.m. LaValley agreed to re-train employees on response to spills and other emergencies, and agreed to retain a Licensed Site Professional to evaluate environmental conditions at its bulk storage facility. DEP assessed a $9,375 penalty to Abenaqui Carriers on 5/14/04 for the same violation.

May 2004

5/28/04: DEP entered into a Consent Order with a $10,000 Penalty regarding Fourdee Realty Trust Property of Dedham. The Order addresses MCP violations at this petroleum-contaminated site. A DEP audit of Fourdee's Downgradient Property Status resulted in DEP issuing an NON in November, '02. DEP required at that time Fourdee conduct additional assessment. After Fourdee failed to conduct the assessment, DEP issued a Notice of Enforcement Conference in Jan. '04. Under this Order Fourdee agreed to conduct the additional assessment and response actions and DEP agreed to suspend an additional $10,000 if all terms of the Order are met.

5/28/04: DEP entered into a Consent Order with a $2,500 Penalty regarding Cardillo's Service Center, Inc., of Clinton for violating MCP requirements. Cardillo's, which was required to conduct remedial actions in response to a gasoline release at the site, had ceased conducting response actions necessary to control, and cleanup, the spill. The Order requires that specific site assessment deadlines are met and response actions continued in order to contain and cleanup the gasoline contamination at the site.

5/27/04: DEP executed a Consent Order with Safe Environment of America (SEA), Inc. of Ludlow regarding violations observed at two asbestos abatement projects in Holyoke. SEA has agreed to perform a Supplemental Environmental (SEP) Program valued at $40,000, in conjunction with the City of Holyoke. The SEP involves asbestos removal at a fire-damaged building in an area of Holyoke designated under Environmental Justice. This building is a Brownfield site, which the adjacent business has expressed an interest in obtaining.

5/27/04: DEP issued a $1,000 Penalty to Paul Vassallo, a former employee of Surner Heating Company of Amherst. Vassallo was employed by Surner and caused a release of greater than 100 gallons of #2 fuel oil at a residence in Montague on 2/1/04. Vassallo took no action to clean up the spill and did not notify his supervisor of the release. After the homeowner complained to the company about the lack of cleanup, Surner notified DEP on 3/8/04. However, the failure to immediately respond to the release resulted in additional migration of the fuel oil, and also threatened a private water supply well at the residence. In a separate Consent Order, Surner earlier paid a $5,000 penalty and agreed to re-train drivers on responding to spills.

5/27/04: DEP issued a Demand Letter for $16,000 to North American Site Developers Inc. (NASDI) of Boston. The penalty is due to NASDI's continued failure to place a notice on the deed of Sithe Edgar Power Plant in Weymouth as it had previously agreed to do. The notice on the deed is necessary in order to record that coated brick and concrete was used as fill material at the site. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

5/27/04: DEP entered into a Consent Order with a $5,000 Penalty regarding Ryder Integrated Logistics, Inc., a transportation rental company in Hopkinton. The company violated state cleanup regulations following a release of diesel fuel as a result of an accident on the Massachusetts Turnpike in Hopkinton. On 11/1/03, the DEP became aware of a sudden release of 75 gallons of diesel fuel. The release impacted the paved roadway surface, adjacent soil, and a small drainage stream that flows parallel to the roadway. The Department's contractor initiated cleanup activities to contain and remediate the release. Ryder failed to notify DEP within 2-hours (for sudden releases) and failed to conduct initial response actions to abate, mitigate, or eliminate effects of the release. In addition to the penalty, the company has completed the cleanup activities conducted by the state.

5/27/04: DEP entered into a Consent Order with a $58,000 Penalty regarding Walter J. Glowacki & Sons, Inc. and Glowacki Family Enterprises, Inc. of Nantucket for violations of air pollution, solid waste, hazardous waste, and water pollution control regulations. The site resides within the Zone II of a public water supply in Nantucket and also over a sole-source aquifer. The Glowacki operations include the operation of an asphalt batch plant, a concrete batch plant, a construction business, oil distribution, and a junkyard. DEP discovered violations including: disposal and burial of burnt solid waste; dumping of waste concrete and asphalt materials; storage of waste fuel and waste oil in the junk and rusting vehicles. The Order requires correction of all violations.

5/27/04: DEP entered into a Consent Order with a $500 penalty regarding Meridian Real Estate Services, Inc. of Middleboro. The Order stems from Meridian's working in the buffer zone to a BVW off Valley Road. Meridian began the construction of a single-family residence before DEP issued a Superseding Order of Conditions for the work.

5/27/04: DEP finalized an amendment to an existing Consent Order providing a schedule for Camp Hi-Rock in Mount Washington. The Camp is now required to submit a report outlining operational deficiencies at the wastewater treatment plant and steps it will take to address them.

5/27/04: DEP entered into a Consent Order with a $13,000 Penalty regarding Steven Nelson, a certified wastewater treatment operator for three facilities in Hingham: Queen Anne Nursing Home, Black Rock Golf and Casey & Hayes. All three facilities have valid groundwater discharge permits, but Nelson, as the operator, failed to conduct volatile organic compound sampling as required. DEP agreed to suspend $7,150 if all terms of the Order are met.

5/26/04: DEP entered into a Consent Order with a $5,000 Penalty regarding R. G. Michael Dalrymple of Northbrook Greenhouses in Berlin. DEP discovered violations of the Wetlands Protection Act through the use of infra-red mapping. The Consent Order requires the submission of a Notice of Intent within 21 days for the portion of the filling that could possibly gain approval. Replication and restoration of the remaining wetland is also included in the order.

5/26/04: DEP entered into a Consent Order with an $870 Penalty regarding NutraMax Products, Inc., of Brockton. The company - which is registered as a Very Small Quantity Generator (VSQG) of hazardous waste - manufactures cough/cold products and was operating out of status. The company failed to submit a change-of-generator-status form, or apply for an EPA hazardous waste identification number. In addition to submitting the notification form and applying for an EPA identification number, the company must complete the change of status form, and comply with regulatory requirements for hazardous waste.

5/25/04: DEP executed a Consent Order with a $15,000 Penalty regarding asbestos violations by Servpro at a residence located in Maynard. The company, which is located in North Chelmsford failed to notify DEP of demolition/renovation operations involving asbestos; failed to use appropriate methods of capture and containment; and, stored asbestos-containing waste materials at the company's facility in North Chelmsford.

5/25/04: DEP entered into a Consent Order with a $7,500 Penalty regarding Advanced Building Systems (ABS), relative to asbestos violations at 100 Charles River Plaza in Boston. At that location, DEP personnel observed numerous violations on 8/14/04 by ABS, which is based in Salem NH, but is a licensed asbestos contractor in Massachusetts. DEP agreed to suspend an additional $31,875 Penalty provided all terms of the Consent Order are met.

5/24/04: DEP entered into a Consent Order regarding Five Star Enterprises, Inc. and S&M Five Star Demolition for the assessment and remediation of an illegal landfill in Falmouth. The site, located at 336 Old Barnstable Road had been used for fifteen (or more) years as an illegal dumping ground by Melvin Reine, former president of Five Star Enterprises, Inc. DEP, working in cooperation with the Falmouth Police and Natural Resource Departments and others, negotiated an administrative order with the current president of Five Star for the assessment and cleanup of the site. The site abuts an active cranberry bog and is located in an area of residential dwellings and a golf course. The Order requires evaluation of impact on groundwater and evaluation of the appropriate remedial measures for the closure. Based upon information obtained by the DEP, the dump is known to contain (at a minimum) demolition debris, vehicle parts and waste oil and other fluids. The Department will evaluate the results of the assessment and reserves the right to penalize for past infractions.

5/20/04: DEP entered into a Consent Order with a $5,000 Penalty regarding CCC Nominee Trust Property of Revere. The Order deals with MCP violations at a petroleum-contaminated site (176 Broadway) that CCC failed to Tier Classify within one year of initial release notification (2001). In addition, CCC failed to respond to a Notice of Noncompliance sent by the DEP in 2003. In addition to the Penalty, CCC will make a $5,000 donation to the Massachusetts Environmental Trust, to support environmental education in the Chelsea/Revere area.

5/20/04: DEP issued a Unilateral Administrative Order to Falconeiri Construction, Inc. of Middleboro requiring the company to cease and desist additional activity at a location in Lakeville until a final Order of Conditions has been issued. The Lakeville Conservation Commission's Order of Conditions for the proposed single-family residence is currently under appeal. The applicant has cut trees in the buffer zone without obtaining a final Order.

5/17/04: DEP entered into a Consent Order with a $38,000 Penalty to Outdoor Endeavors, Inc., owner and operator of Brian's Place, 93 Gardner Road in Winchendon. The company services the Subway Restaurant located at that address where an unregistered public water supply has been operating. A Dunkin Donut drive through is under construction. As a result of negotiations with DEP, the company agrees to the development and implementation of a Water Sampling and Analysis Plan, a Cross Connection Program Plan, and retention of a certified public water system operator to carry out sampling and maintenance requirements to assure safe operation of the existing well. As a long term solution the company has agreed to apply for a new public water supply source and complete construction of a new well in accordance with the protective setback requirements in the regulations, then properly abandon the existing, nonconforming well. If the company complies with all the requirements of the Order, DEP has agreed to suspend $32,000 of the Penalty.

5/19/04: DEP issued a Unilateral Administrative Enforcement Order to Robert DeMello requiring the immediate Cease and Desist of any and all activities subject to jurisdiction under the Wetlands Protection Act. The Order was issued to DeMello for unpermitted activities within and adjacent to Sawdy Pond located at 255 Robert Street in Westport.

5/18/04: DEP entered into a Consent Order with a $7,500 Penalty regarding AMF Technologies of Rockland. The company was cited for hazardous waste violations including acting as an unlicensed storage facility, improperly labeling hazardous waste, and failing to conduct weekly inspections in areas were hazardous waste containers were being accumulated.

5/17/04: DEP entered into a Consent Order with $11,500 Penalty regarding Union Terminal Piers, Inc. (Berkshire East Ski Area) of Charlemont. DEP found violations of the Water Management Act in the facilities' withdrawal of water for snowmaking purposes. DEP agreed to suspend $10,000 of the Penalty provided Berkshire East remains in compliance with the terms of the Consent Order.

5/17/04: DEP entered into a Consent Order with a $5,000 Penalty regarding Mr. Robertson's Neighborhood, Inc., owner/operator of Still Four Corners Restaurant of Rutland. The restaurant was operating an unregistered public water supply at the restaurant. The company has agreed to register and operate the existing well as a Public Water Supply; and, under the direction of a certified water supply operator, use an approved treatment system. In addition, as a long-term solution, the company agreed to develop a new public water supply well that meets all of the requirements in the drinking water regulations under a schedule outlined in the Order.

5/15/04: DEP entered into a Consent Order with D.Petracone & Sons of Ware. An inspection of this oil delivery and service business found floor drains that led directly into the ground, i.e. a violation of Underground Injection Control Regulations. The company has agreed to correct the violations.

5/14/04: DEP issued a $9,375 Penalty Assessment Notice to Abenaqui Carriers, Inc., of North Adams. The New Hampshire-based petroleum transportation company was cited for failure to notify DEP within two hours of a release of an estimated 50 gallons of fuel oil. The release occurred on 1/25/04 at 10:00PM at the LaValley Oil Terminal in North Adams. Abenaqui failed to initiate cleanup of the spill at the time of the spill and failed to notify either the DEP or the North Adams Fire Department of the release. DEP was notified on 1/26/04 at 3:20PM. Abenaqui has since arranged for completion of spill cleanup at the site, but the penalty was issued after DEP and Abenaqui were unable to agree on the terms of a Consent Order to resolve the violation. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

5/14/04: DEP entered into a Consent Order with a $9,750 Penalty regarding Surner Heating Company, an Amherst-based heating oil delivery company. Surner failed to notify DEP within two hours of a release of greater than 100 gallons of fuel oil that occurred on 2/1/04 at a residential property in Montague. The Surner delivery employee failed to monitor the filling of an underground storage tank and failed to notify his supervisor of the spill. Upon being notified of the spill by the homeowner in early March 2004, Surner took steps to initiate the cleanup and notified DEP of the release. Due to the delay in notification and cleanup, the oil spill spread and threatened a private water supply well at the residence. Surner has agreed to revise its emergency response and oil spill reporting procedures and will retrain its employees on these procedures. DEP has agreed to suspend $4750 of the penalty pending compliance with the Order.

5/13/04: DEP entered into a Consent Order with Mill Pond Realty Trust of Plymouth due to alterations to Wetlands at cranberry bogs located in Kingston off Elm Street and Ring Road. The alterations, caused by the previous owner of the property, [Russell Thomas, Off Cape Cranberry Corp.] included filling of: approximately 20,000 sq. ft. of Bordering Vegetated Wetland (BVW) to create a winter flood reservoir; approximately 20,000 sq. ft. of BVW to create a tail water recovery reservoir, and approximately 5,000 sq. ft of BVW adjacent to the winter flood reservoir. Mill Pond has filed an after-the-fact Notice of Intent with the Kingston Conservation Commission.

5/13/04: DEP entered into a Consent Order with a $10,000 Penalty regarding Storopack, Inc. of Westborough. The Company violated air quality and hazardous waste regulations by installing and operating polystyrene foam expander equipment without first getting approval from DEP. In addition, the Company failed to notify the Department of it waste oil generation activity and failed to comply with waste oil accumulation standards. The Order requires the Company to submit a plan application for the new equipment and comply with all other applicable regulations.

5/13/04: DEP issued a Unilateral Assessment Order and a $7,000 Penalty Assessment Notice to Alert Ambulance Service, Inc. relative to a Hess Station at 175 Milliken Boulevard in Fall River. The Order was issued to Alert as the owner of the above gas station, for failure to comply with deadlines regarding the cleanup of that property. Prior to this, on 10/20/03, DEP had issued a Notice of Noncompliance to Alert, requiring actions to be taken on the cleanup.

5/13/04: DEP issued an $84,000 Penalty Assessment Notice to Norris Demolition, Inc., of South Hadley. Norris was cited for violations of asbestos violations that occurred during boiler removal at a two-family residential property in Springfield.

5/12/04: DEP entered into a Consent Order with a $5,000 Penalty regarding R.G. Williams Custom Homes of Charlton. The company failed to prevent erosion and sedimentation from entering an intermittent stream. Effective controls have since been installed. The Consent Order requires submission of an evaluation and restoration plan by 5/20/04.

5/12/04: DEP issued a Demand for Payment Letter to the Town of Weymouth for $25,000. The Payment was stipulated under a 1998 Consent Order between the town and DEP. The town failed to meet construction schedules, specifically,the town is behind on certain actions to reduce sanitary sewer overflows.

5/11/04: DEP entered into a Consent Order with the Town of Dartmouth regarding the former Park Oil Corporation at Rogers and St. John Streets. The Order was issued to the town as current owner of the above site, to correct Massachusetts Contingency Plan (MCP) violations. Specifically, the Order noted that previous work at the site did not meet the cleanup standards. The site, a former fuel oil distribution property, is currently a vacant shorefront area in which the town would like to redevelop for access to Clark's Cove and Buzzards Bay.

5/10/04: DEP executed an agreement with Ronald and Loretta Mascaro relative to a former gasoline/auto-repair station on Walnut Street in Springfield. The reported release at this site originally occurred during the removal of Underground Storage Tanks in 1987. A technical assessment report had been submitted by a consultant for the estate of Isabella Mascaro indicating the presence of contamination. The Department was notified in 1997 that Ronald Mascaro had acquired ownership of the property. Despite Ronald Mascaro's intentions to complete response actions nothing has occurred to date. A previous Notice Of Noncompliance was issued in 2003. New timelines have now been established for submission of a Tier Classification or RAO.

5/10/04: DEP finalized agreements with the towns of Hinsdale and Lee. In both of these towns, the facilities that house the Departments of Public Works need to address floor drain violations (underground injection control), and bring the facilities into compliance.

5/10/04: DEP entered into a Consent Order with a $21,000 Penalty regarding cranberry grower, William Couto, who operates more than 62 acres of cranberry bogs in Taunton/Berkley. Couto was operating above his 22-acre Water Management Act (WMA) registration in the Taunton River watershed; exceeded his water withdrawal by more than the threshold volume; and, violated requirements regarding the accuracy of reporting. The order sets timelines for applying for a WMA permit, and for obtaining a US Department of Agriculture/Natural Resource Conservation Service (USDA/NRCS) farm plan.

5/10/04: DEP entered into a Consent Order with a $500 regarding Sealcoating Corp. DEP entered into the Order to address air quality violations resulting from bridge repair work along Route 2 in the Berkshires. The company (which is based in Hingham) agreed to ensure future compliance.

5/7/04: DEP issued a Consent Order with a $7,500 Penalty regarding Gregory Associates of Boston for cleanup violations at 1100 Washington Street in Dorchester. Gregory Assoc. owns the property, which reported a release of petroleum from a leaking underground storage tank in May, 2001. The owner failed to complete Response Actions as required under the MCP. DEP will suspend $3,750 if the owner brings the site into compliance.

5/7/04: DEP entered into a Consent Order with a $7,500 Penalty regarding Alberico Delliacono and his property at 8 Aspen Lane in Stoneham. A DEP inspection of the property on 11/8/02 determined 2,680 s.f. of Bordering Vegetated Wetlands had been altered without approval. Delliacono has agreed to restore the impacted resource area. If all terms of the Order are met, the DEP has agreed to suspend $3,500 of the Penalty.

5/7/04: DEP issued a Demand for Payment of $12,000 in Stipulated Penalties to Modern Continental/Route 3 North. As specified in a Consent Order signed earlier this year between DEP and Modern Continental, a Penalty of $1,000 a day has been assessed in connection with erosion and sedimentation violations. The violations took place during the months of March and April of 2004.

5/7/04: DEP entered into a Consent Order with Circle Finishing Inc., of Newburyport for cleanup violations. The company originally obtained a Tier 1 Permit in 1995 for cleanup of this site on Route 1 in Newburyport. Two extensions were sought and obtained in order to complete the work. By November of 2002, DEP issued a NON for missed deadlines. The PRP responded to that NON and requested additional time. With the latest deadline of Jan. '06, the company has yet to complete Phase II, III, or IV or filed a Response Action Outcome (RAO) Statement. Today's Order requires that Phase II, III and IV be completed by November, 2004, and that an RAO will be submitted by 1/24/06.5/6/04: DEP entered into a Consent Order with a $7,500 Penalty regarding Buck Brothers Division of Great Neck Saw Manufacturers. The company was cited for violations involving the cleanup of property at 100 Riverlin Street in Milbury. The violations resulted from failing to maintain pavement in accordance with the Activity and Use Limitation (AUL) placed on the property. The Department agreed to suspend the penalty contingent on meeting strict compliance with the AUL. (Note: supplemental risk characterization demonstrates a condition of No Significant Risk exists).

5/5/04: DEP issued a Penalty Assessment Notice to PJ Management for violations of asbestos regulations at the Classical Condominiums in Springfield. The management company failed to follow the appropriate asbestos handling procedures during the renovation of one of the units. PJ Management also failed to respond or attend the scheduled enforcement conference.

5/4/04: DEP entered into a Consent Order with a $7,000 Penalty regarding J & S Realty Company in Auburn for failure to notify the Department of a release of gasoline to groundwater located within 500 feet of a private drinking water supply well, and for failure to conduct an Immediate Response Action. In addition to the penalty, J & S Realty Company was required to conduct additional assessment to determine if contaminants from their property were impacting the private well.

5/4/04: DEP entered into a Consent Order with a $5,000 Penalty regarding E. Sweet and Sons in Attleboro. The company is a small business (10-12 workers) that finishes various pieces (medals, key chains, brass plates, etc.) using gold, silver palladium or nickel. The facility is registered as a Small Quantity Generator (SQG) of Hazardous Waste. At the time of DEP's inspection, the facility was accumulating waste on site far greater than the 180 days allowed. The facility is about to change hands and the new owner understands the liability in assuming the company as well as the history of noncompliance. Violations were corrected immediately following the inspection and waste was shipped offsite.

5/4/04: DEP entered into a Consent Order with a $1,000 Penalty regarding Perkins Precoat Corporation of Stoughton. Perkins - a wood-coating facility - violated the requirements that were contained in their comprehensive plan approval issued by DEP for reductions of volatile organic compounds. In addition to the Penalty, the facility agreed to submit source reduction reports within sixty days.

5/4/04: DEP issued three separate Notices of Response Actions regarding three separate sites for failure to comply with waste site cleanup regulations: Little Pond Cleaners, 30 Sutton St., North Andover; Joseph Ruggiero, 181 N. Washington St., Boston; Weld American Service, 1402 Centre Street, Roslindale. DEP issued the letters to these three "non-responder" sites. Two of the sites are Default Tier 1D, overdue for Phase I site assessments and Tier Classification. The other (Weld American) is overdue for Immediate Response Actions as well as Phase II, III and IV. The recipients are required to reply within 21 days with a schedule for returning to compliance with the MCP. If the recipients do not comply, BWSC will perform response actions and seek cost recovery.

5/4/04: DEP issued a Unilateral Administrative Order (UAO) to the Town of East Longmeadow to address existing landfill gas migration issues and a failure to notify similar issues at the former Somers Road Landfill operation. The Order also addressed other solid waste violations at both the Town's Somers Road Landfill and Allen Street Landfill. In accordance with the terms of the UAO, the Town must determine the extent of landfill gas migration at the Somers Road Landfill and take appropriate actions to protect public safety. The Town must also conduct overall landfill assessment and closure work at both landfill sites. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

5/4/04: DEP issued a Unilateral Administrative Order and a $119,000 Penalty Assessment Notice to RJ Kelly Company of 116 Cambridge Street in Burlington due to non-compliance with cleanup requirements. Currently, RJ Kelly Company has failed to submit multiple reports as required, including: Phase II, III and IV Reports, and a Response Action Outcome or Remedy Operation Status. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

5/3/04: DEP entered into a Consent Order with a $7,500 Penalty regarding Alliance Energy Services of Springfield. Alliance - a Holyoke-based oil delivery company - failed to notify DEP within two hours of obtaining knowledge of a release of 50 gallons of fuel oil at 73 Better Way in Springfield. The Boston Road Mobile Home Park resides at that location. In addition to paying the penalty, Alliance has agreed to complete cleanup of the oil release, revise its emergency procedures, and re-train its delivery personnel on the revised procedures. DEP agreed to suspend $2,000 of the Penalty contingent upon Alliance's compliance with the terms of the Order.

5/3/04: DEP entered into a Consent Order with a $6,000 Penalty regarding the Division of Capital Asset Management (DCAM) relative to the expansion project at Quinsigamond Community College in Worcester. DCAM was cited for failure to prevent erosion and sedimentation to wetlands resources. The Consent Order requires submission of an erosion control plan with drainage improvements within 21 days.

5/3/04: DEP entered into a Consent Order with a $99,000 Penalty regarding Capeway Sunoco of Hanover. Prior to this, DEP and Sunoco, Inc. had entered into a Consent Order in August, 2001. One of the requirements of that Order was that Sunoco, Inc. attain a Remedy Operation Status (ROS) by 2/28/02. To that end, Sunoco, Inc. did submit an ROS along with a Phase IV Completion Statement, As-Built Construction Report, Final Inspection Report on 2/28/02. However, in March, 2003, the Department conducted an audit inspection of the remedial system in operation at the Site. The system was not operational at the time of the inspection, nor had it operated since October, 2002. Based on the inspection findings, and upon review of the Inspection and Monitoring Reports submitted to the Department, it was evident that the ROS had not been achieved at the Site. As such, Sunoco, Inc. was in violation of the August 2001 Consent Order and stipulated penalties were due. The DEP attempted to resolve the situation but was unable to negotiate an agreement with Sunoco, Inc. As such, on August 11, 2003, the Department issued Sunoco, Inc. a Demand for the Payment of Stipulated Penalties. The Department and Sunoco, Inc. have now agreed on a final settlement. In addition to the Penalty, the Order requires the following of Sunoco, Inc.: submittal of a revised Phase II Comprehensive Site Assessment; a revised Phase III Remedial Action Plan, if necessary; a revised Phase IV Remedy Implementation Plan, if necessary; a revised Phase IV Completion Statement; a revised Remedy Operation Status submittal; and, publication of an article in the Licensed Site Professional Association's (LSPA's) newsletter (in language agreed to by the Department - attached to the ACOP) stating Sunoco's current understanding of the requirements for achieving Remedy Operation Status. Finally, performance of a Supplemental Environmental Project (SEP) which involves hiring a Licensed Site Professional (not previously associated with Sunoco) to conduct an independent "audit-type" review of all Phase II's, Phase IV Completion Statements, Remedy Operation Status Submittals and Response Action Outcomes previously submitted to the DEP's Southeast Regional Office by Sunoco, Inc. or any affiliated entity. The findings of the LSP will be sent directly to the Department. Sunoco will propose timeframes to the Department for correcting any violations or deficiencies identified via an Action Plan.

April 2004

4/29/04: DEP executed a Consent Order with a $1,500 Penalty regarding Mystic Tank Lines Corporation for failure to take response actions at a site in Chicopee where a release of gasoline occurred on 10/22/04. Mystic - a petroleum transportation company based in Astoria, New York - failed to submit a release notification form, an immediate response action plan and status report. As the responsible party for an over-fill of an underground storage tank, the company also failed to respond to a Notice of Noncompliance sent by DEP. In addition to paying the penalty, Mystic has now agreed to comply with cleanup requirements.

4/29/04: DEP entered into a Consent Order with a $50,000 Penalty regarding Mark Christ for violations of the Wetlands Protection Act in Salisbury. A DEP inspection of the property in October of 2003, determined that 1.25 acres of Bordering Vegetated Wetland had been filled/altered without approval. DEP agreed to suspend $25,000 of the Penalty provided all terms of the Order are met, which includes the restoration of the filled/altered BVW.

4/27/04:DEP entered into a Consent Order with a $7,500 Penalty regarding Meadows Realty Trust for sewer construction activities at its subdivision in Shirley without a valid permit. Under the terms of the Order, the Trust ceased sewer construction activities until it had obtained the required permit from DEP.

4/26/04: DEP entered into a Consent Order with a $11,000 Penalty regarding waste site cleanup violations at Exceptional Auto Body in Framingham. The company was cited for failure to perform comprehensive assessment and cleanup actions, and excavation/construction in the contaminated area (at 47 Blandin Avenue) without prior submittal of a plan to DEP. As a result of these violations, portions of the site may have been made inaccessible without first conducting adequate assessment and/or remediation. The Order requires the violator to proceed with comprehensive response actions. DEP agreed to suspend $6,000 of the Penalty provided all terms of the Order are met.

4/26/04: DEP entered into a Consent Order with a $20,000 Penalty regarding Total Recycling Services in Middleborough for failure to comply with hazardous waste and industrial waste regulations. The company had been storing waste oil uncovered, outside in a roll-off, which was not leak-free. In addition, waste oil was being transported without a license or recycling permit. The Order was necessary in order to properly clean out and bring the facility into compliance.

4/26/04: DEP entered into an amendment to a ('99) Consent Order with Feofees of the Grammar School, a Massachusetts Trust that owns 167 dwellings in Ipswich, (24 year round, 143 seasonal) that utilize septic systems and cesspools without a groundwater discharge permit. The Order requires the Trust to bring the development into compliance through the installation of holding tanks and the application for a discharge permit.

4/24/04: DEP issued a Notice of Noncompliance to the Northwest School in Leominster, for Air Quality violations. A school employee was creating excessive dust and noise while operating a leaf blower to clean the paved playground. A crowd nearby, including young children, was participating in Little League Opening Day. The crowd was being exposed to airborne particulate as well as excessive noise. When asked to stop the use of the leaf blower- the operator refused and continued to operate for an additional 25 minutes. Particulate emissions can exacerbate respiratory problems such as asthma and allergies, especially in young children.

4/21/04: DEP issued a Unilateral Order to Joseph Pittorino for failure to prevent erosion and sedimentation to wetlands resources on his property (horse farm) at Bluette Road in Acton. Although some erosion controls were in place at the site they were not adequate for the recent April storms. The Order requires immediate additional controls.

4/20/04: DEP issued a Unilateral Order to Miracle Method / Western Mass., Inc. of Ludlow. The Order requires the company to cease all discharges to a series of floor drains within the facility and cease discharging all non-sanitary waste to the septic system through the sinks located within the facility. The company leases the property.

4/20/04: DEP issued a Notice of Noncompliance to the town of Spencer regarding its Municipal Sanitary Landfill. The town was cited for failing to provide a long-term monitoring plan and conduct monitoring as required under provisions relative to closure of the landfill issued by DEP in 1996.

4/19/04: DEP entered into a Consent Order with a $5,000 Penalty involving the Town of Hamilton. Hamilton failed to maintain optimum corrosion control treatment as required by Drinking Water Regulations (lead & copper rule) and discontinued the use of blended phosphate without DEP approval.

4/16/04: DEP entered into a Consent Order and a $2,250 Penalty with Avon Town House Restaurant in Avon and Peter Hong Por Lee of Chak Mee Realty Trust. The owners failed to complete response actions in a timely manner after a Notice of Noncompliance (NON) was issued. The NON was issued because a release from an underground storage tank was improperly assessed since the Licensed Site Professional did not take into account that the site was located in a Zone II for a water supply.

4/16/04: DEP issued a Consent Order with a $7,000 Penalty regarding Yoree Inc. of Newton for Waste Site Cleanup violations. Yoree is the owner of a gasoline station at 188 Warren Street in Roxbury. This site is under the DEP's Urban Nonresponder Initiative. Yoree initially reported a release of gasoline in October 1994, and a second release (this time fuel oil) in April 2002. The violator failed to submit a report for either condition. In July 2003, DEP issued a NON, to which the owner did not respond. In January 2004, DEP then issued a Notice of Response Action. The owner then responded with a proposed schedule to bring the site into compliance and subsequent negotiations with DEP resulted in today's Order. If Yoree complies with all the terms of the Order, $3,500 of penalty will be suspended.

4/16/04: DEP entered into a Consent Order with Terranova's Market Inc. of Otis. The company will comply with deadlines for submittal of reports on the cleanup of contamination in connection with a gasoline release that was identified during the removal of underground storage tanks at 14 South Main Street. Initially, the corporation claimed financial inability to complete response actions. Due to the location of the release (a residential area with two interim wellhead protection areas and downgradient private wells) the DEP then stepped in and completed Immediate Response Actions, including the removal of gasoline-contaminated soil in the source area and the sampling of private and public wells. The Consent Order now includes stipulated penalties of $1,000 per day if the corporation fails to comply with deadlines for completion of the response actions.

4/16/04: DEP executed a Consent Order with $2,500 Penalty involving the Town of Athol for sewer construction activities without a valid permit from the Department. The ACOP requires that the Town review its permitting practices and submit an upgraded protocol to be used for review and approval of all future applications for sewer permits. The Town agreed to pay a penalty of $2,500, of which $1,500 may be suspended if the Town complies with the terms of ACOP.

4/16/04: DEP entered into a Consent Order with $2,500 Penalty involving the City of Marlborough for sewer construction activities without a valid permit from the Department. Under the terms of the Order, the City shall review its sewer permit practices and submit within 60 days a protocol for ensuring that all future sewer projects comply fully with local and state requirements. DEP agreed to suspend $1,500 of the Penalty if the City complies with the Order.

4/16/04: DEP entered into a Consent Order for Waste Site Cleanup violations at Nissenbaum's Auto Parts, 480 Columbia Street in Somerville. This site, an Urban Nonresponder site, was impacted by a release of fuel oil from a UST in November 2001. The violator failed to submit a report for the site within one year as required. DEP issued a Notice of Noncompliance in January 2003, but the owner did not respond. In January 2004, DEP issued a Notice of Response Action. The owner then responded with a proposed cleanup schedule, which is now incorporated into today's Order.

4/15/04: DEP entered into a Consent Order with a $14,000 Penalty involving Samoset Auto Service, Route 44 in Plymouth. The company was cited for failure to complete response actions in a timely manner as specified in a Notice of Noncompliance issued by the DEP in June of '03. The company has also agreed to complete response actions and return to compliance.

4/14/04: DEP issued a $36,000 Penalty Assessment Notice to John Geary, general contractor for the owner of the property at 90 Maple Street in Attleboro. Geary failed to provide DEP with advanced notification of the commencement of demolition/renovation activities involving Asbestos Containing Material (ACM). Geary allowed ACM to be removed from the site in an improper fashion resulting in the release of ACM debris within the workspace and failed to properly clean-up and dispose of ACM debris from the site. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and
will not be final until that administrative appeal is completed.

4/14/04: DEP issued a Unilateral Administrative Order to Randy & Beth Beaudoin of North Brookfield for wetlands violations. Construction of a single-family dwelling was beyond the buffer zone and did not trigger a wetlands order prior to construction, but the work failed to prevent erosion and sedimentation to wetlands resources. The Order requires the installation of erosion controls within seven days and requires removal of sediment from wetland by hand.

4/14/04: DEP issued a Unilateral Administrative Order to Recycle Away Group Services, Inc., located at 720 West Water Street, Taunton. DEP also issued a Penalty Assessment Notice of $30,500. The Order & Penalty were issued to the company for failing to properly grade and shape the site, stockpiling excessive amounts of some compost materials and creating public nuisance conditions.

4/14/04: DEP entered into a Consent Order with Danvers Water Division, the municipal water supply system due to exceedences of total trihalomethanes. The Division agrees to take corrective action to bring the facility back into compliance. 4/21/04: DEP entered into a Consent Order with a $2,500 Penalty regarding the City of Marlborough for its approval of sewer extension permits. The city approved sewer permits for retail establishments on Donald Lynch Boulevard without the proper DEP approval. The Department agreed to suspend $1,500 of the Penalty pending completion of tasks identified in the Order.

4/13/04: DEP executed a Consent Order with $85,000 Penalty involving the Upper Blackstone Water Pollution Abatement District located in Millbury. The District was cited for violations on 5/5/03 and 10/2/03 during which the District discharged pollutants to the Blackstone River in exceedence of its permit. The Order requires the District to provide full back-up power capability to its Millbury facility within six hours of any power failure. The District also will upgrade its screening process for accepting shipments of industrial wastewater, and shall implement a notification procedure for alerting officials of any future unpermitted discharges. The Order does allow for a portion of the $85,000 Penalty to be conducted as a Supplemental Environmental Project.

4/13/04: DEP executed a Consent Order with a $15,000 Penalty regarding Laminating Coating Technologies, of Monson. The company was cited for violations of the state regulations governing air pollution, hazardous waste and industrial wastewater disposal. The violations were discovered during a DEP inspection conducted on 12/16/02. Lamcotec has agreed to correct the violations and to remain in compliance with the terms and conditions of the Order, which includes the requirement that Lamcotec discontinue the use of its septic system and connect its facility to the Monson Waste Water Treatment System.

4/13/04: DEP executed a Consent Order with a $29,500 Penalty regarding Handford General Contractors, and Handford Oil & Asphalt Co., of Springfield. The Order addresses these companies noncompliance with state regulations governing air quality and hazardous waste. The Air Quality violations were discovered during a construction project at the University of Massachusetts in Amherst. DEP determined Handford General Contractors was involved in the removal of steam pipes that contained asbestos. The Hazardous Waste violations were discovered during a DEP inspection of Handford Oil and Asphalt Company's facility on 7/18/03. As part of the settlement agreement, the DEP has agreed to suspend a penalty of $29,500 and the companies have agreed to conduct a Supplemental Environmental Project (SEP). Under this SEP, a new dormitory building for summer campers will be constructed at Camp Atwater in West Brookfield, which is run by the Urban League of Springfield. One of the Camp's eight basic developmental goals is environmental awareness and appreciation. The proposed building will be used in Camp programs as a meeting space for youth and an environmental instructor. Additionally, Handford will donate recycling containers for the Camp and will initiate a program that fosters recycling and environmental education at the Camp.

4/12/04: DEP entered into a Consent Order with an $11,500 Penalty involving South River Yacht Yard, Inc. of Scituate. The Company failed to comply with a Notice of Noncompliance that was previously issued by DEP to correct violations relative to the failure to meet deadlines for site assessment work at a contaminated site. The site is currently a marina located at 21 Central Avenue in Scituate. The company did not meet Response Action Outcome performance standards, failed to conduct public involvement activities and failed to comply with an Interim Deadline set by the Department to address these items. An additional $18,500 Penalty is suspended if terms of the Order are met, including additional assessment and proper closure.

4/12/04: DEP entered into a Consent Order with Holyoke Dam - HG&E, of Holyoke and South Hadley. This Order will be filed with a separate Settlement Agreement that is currently before the Federal Energy Regulatory Commission (FERC). That Settlement Agreement changes prioritization at the dam so that the protection of state water quality standards for supporting existing aquatic wildlife habitat will precede power generation. The Order was executed following lengthy negotiations involving DEP, HG&E and various stakeholders. The Order synchronizes FERC and DEP approvals with respect to common tasks, and dates.

4/12/04: DEP issued a Unilateral Administrative Order to Alejancro Lorenzana, owner of 33 Jordan's Way of Westport. The Order requires restoration of approximately 2,250 square feet of Bordering Vegetated Wetlands. DEP had been working on a Consent Order with the former owners of this site. That Order would have incorporated restoration, a conservation restriction on the remaining wetlands and a Penalty. During negotiations, the property changed hands and the previous owners moved out of state. The new owners were asked to sign the Consent Order that would have required restoration only. A lack of response from the new owners prompted DEP to issue the Unilateral Order.

4/12/04: DEP and Holyoke Water Power Company (HWP) entered into a Consent Order governing response actions to address coal-tar contamination in the Connecticut River. HPW agreed to a payment of $200,028.82 to DEP for staff oversight costs dating back to 1995. The contamination in the river resulted from the operations of the former Holyoke Gas Works, which Holyoke Water Power owned and operated from 1859 to 1902. The Gas Works manufactured combustible gas from coal, coke and petroleum, and is the source of oil and hazardous material and hazardous substance releases to the river. DEP identified the Connecticut River site in 1990. In 2002 and 2003, HWP began removing patches of coal tar from the river under authorization from the DEP.

4/6/04: DEP entered into a Consent Order with 84 Birchmeadow Realty Trust & Janice Cuddy of Merrimac. The Order requires the Realty Trust and Cuddy, (the current and former owners, respectively) to replicate in calendar year 2004, the 1.10 acres of wetland resource area (freshwater wetland and bordering vegetated wetland) that was altered without proper notice in the construction of a residential dwelling, barn, stables, stalls, shed and outdoor riding area on this property.

4/5/04: DEP issued a $750 Penalty Assessment Notice to BGL Corp. of Agawam, a demolition contractor, for notification violations relative to a commercial building demolition in Williamsburg in January 2004.

4/5/04: DEP entered into a Consent Order with a $16,525 Penalty involving Rice Oil Company of Greenfield. The Company violated state regulations governing air pollution and hazardous waste. The violations were discovered during DEP inspections in September 2003 of the Company's petroleum product storage and distribution facility in Greenfield. DEP inspectors determined that Rice Oil was transferring gasoline from its gasoline storage tanks to and from tanker trucks without having a vapor recovery system. Additionally, hazardous waste storage and handling violations were found at the same facility. In addition to paying the penalty, Rice Oil agreed to suspend the transfer of product until a properly functioning vapor recovery system is constructed and operational, and the hazardous waste violations are corrected.

4/5/04: DEP issued a Unilateral Administrative Order to J.J. Farrell Inc. of Westborough for failure to prevent erosion and sedimentation to wetlands resources that are adjacent to their subdivision project in Shrewsbury. The Order requires that all construction at the site cease. It requires the company to submit a comprehensive erosion plan and a wetlands restoration plan.

4/2/04: DEP entered into a Consent Order with a $6,000 Penalty regarding Winfield S. Hancock & Co. Inc., a licensed asbestos contractor in Worcester. The Company failed to comply with asbestos regulations as observed by DEP during a January 2004 inspection. DEP staff observed that the company's containment at a work site in an occupied Worcester residence was not adequately sealed in order to prevent the potential migration of asbestos fibers and asbestos containing materials out of the removal area.

4/1/04: DEP entered into a Consent Order with a $1,500 Penalty to Oxford Enterprises in Oxford for wetlands violations. The Company failed to obtain approval before work on their parking lot in the Buffer Zone and Riverfront. The Order requires the company to restore portions of the Riverfront and install storm-water controls in accordance with the plans that were filed after the work commenced.

4/1/04: DEP issued a Notice of Noncompliance to the Brimfield Highway Department relative to Little Alum Pond in Brimfield. On 3/18/04, DEP was informed that a person had removed the stop logs at the outflow control structure resulting in an immediate draining of pond water. As a result of an inspection, DEP issued the NON, which requires a Notice of Intent to be filed for the work by 4/30/04.

March 2004

3/31/04: DEP entered into a Consent Order with a $40,000 Penalty regarding, Peabody Municipal Light (PML) of Peabody for numerous hazardous waste violations, including improper transportation and storage of PCBs from old transformers. In addition to the Penalty, the Order requires PML to expend $25,000 to fund two household hazardous waste collection days for Peabody residents, one in each year '04, '05. PML will also expend $35,000 to implement an Environmental Management Systems, i.e. education/training of its staff on compliance issues.

3/30/04: DEP issued Notices of Noncompliance to five municipal water systems in the Ipswich River Watershed. Violations in the annual reports submitted by Lynn, Salem-Beverly, Hamilton, Topsfield and Wilmington include exceedences of daily pumping rates to failure to complete water conservation measures.

3/29/04: DEP executed a Consent Order with a $3,200 Penalty regarding Mohawk/ CDT, a wire and cable manufacturer, located in Leominster. An inspection at the facility revealed Air Quality reporting and Hazardous Waste Management violations. In addition to correcting their registered HW status and promptly disposing of hazardous waste, the Company agreed to restrict their hazardous air pollutants with a facility wide emission cap.

3/29/04: DEP entered into a Consent Order with a $10,850 Penalty regarding Bemis Associates Inc. of Shirley for violations of Air Pollution Control, Hazardous Waste, and Industrial Wastewater Regulations at their two adjacent plants. The Company had operated equipment without first obtaining a written plan approval from the Department; failed to adequately report their air emissions; failed to notify the Department of their waste oil activity; and, discharged industrial wastewater to their onsite Title 5 systems. The Order requires compliance with all applicable regulations and testing of Title 5 systems for the presence of industrial contaminants.

3/29/04: DEP entered into a Consent Order with a $3,600 Penalty regarding Holiday Housewares, Inc. of Leominster for violations of Air Pollution Control, Hazardous Waste, and Industrial Wastewater Regulations. The Company failed to notify the Department of it waste oil generation activity; failed to have an approval for industrial waste water discharged to the Leominster sewer system; failed to follow proper waste oil management requirements; and, failed to keep a container of mineral spirits closed. The Order requires compliance with all applicable regulations.

3/29/04: DEP issued a Unilateral Administrative Order and a $300 Penalty Assessment Notice to Allan's Bar B Que located in Gill. Both the Order and Notice were issued for failure to comply with sampling and reporting requirements regarding total coliform bacteria at this public water system.

3/26/04: DEP entered into a Consent Order and $25,000 Penalty with the City of Fitchburg for Air Quality violations at the East Fitchburg Waste Water Treatment Plant. Operators at the municipally-operated plant were allowing more sewage sludge into the incinerator than was approved under its air pollution control permit. Overloading the incinerator, which occurred during 2003, can lead to increased emissions (stack opacity readings did exceed allowable limits on several days) and premature failure of the facility's equipment.

3/26/04: DEP entered into a Consent Order with $5,000 Penalty regarding the town of Groveland and its construction of a pump station without approval. Groveland had initiated construction of this booster pump station in order to create a high-pressure zone that would provide water and fire protection to a new elderly housing development. In addition to the failure to obtain permits, the pump station, did not have the necessary backup in the event of a power failure. The DEP agrees to suspend $2,500 of the Penalty if Groveland complies with all the terms of the Order.

3/26/04: DEP executed a Consent Order and $1,500 Penalty with AllState Power Vac., a Northboro-based hazardous waste transporter and cleanup contractor. AllState failed to complete response actions for a hydraulic oil spill in Greenfield that occurred on 9/4/03. AllState completed cleanup of the release on that day, but failed to submit a Release Notification Form and documentation, and later failed to respond to a DEP Notice of Noncompliance. AllState has agreed to submit the required cleanup documentation.

3/26/04: DEP executed a Consent Order and $2,500 Penalty with Piekos Family Trust of Cheshire regarding the site preparation and construction of a storage building within the Riverfront Area of Dry Brook near Sand Mill Road. In addition to the Penalty, the Order requires the restoration of 11,983 ft' of Riverfront Area and the development of a conservation restriction for 1.8 acres.

3/26/04: DEP executed a Consent Order with Raymond MacKenzie of Granby for failing to submit a Phase III Report or Phase IV Plan, as required in a Notice of Noncompliance (NON) issued by DEP on 7/17/03. The NON had been issued for failure to submit phase reports in relation to a gasoline UST release in 1998. In response to the NON, MacKenzie initially submitted a Phase II Report and RAM Completion Report that documented response actions at the site, including the installation and sampling of additional monitoring wells and removal of contaminated soil. However, since then, no further reports have been submitted.

3/25/04: DEP issued a Unilateral Administrative Order to James P. Lamountain of Holland, MA for erosion and sedimentation to a wetland from his project in Oxford. The Order requires Lamountain to immediately stabilize the site and to submit a wetlands restoration plan and an erosion control plan.

3/25/04: DEP issued a Unilateral Administrative Order to 19 Hathaway Road Trust of Hingham regarding 19 Hathaway Road/459 Mount Pleasant Street in New Bedford. The Order was issued to for failing to conduct response actions relative to the cleanup of at the New Bedford site in a timely manner as stated in DEP's Notice of Noncompliance (NON) issued on 8/28/01.

3/25/04: DEP issued a $12,000 Penalty Assessment Notice to D&D Enterprises. The contractor was issued the PAN or improper handling of remediation waste generated during a construction project at Pemberton Park in Lawrence. The violator removed 600 tons of contaminated soil, containing high levels of cadmium, and sent it to a New Hampshire recycling facility. The removal was inconsistent with the soil management plan developed. DEP's enforcement conference with the violator resulted in the violator denying responsibility for the noncompliance. D&D has not responded to a subsequent Request for Information issued by DEP.

3/24/04: DEP executed a Consent Order and 1,000 Penalty with Michael Caruso of Rutland for work beyond the scope of his Order on his private driveway. The Consent Order required restoration of the wetland alterations that were not approved.

3/23/04: DEP executed an Consent Order with Sunoco Inc. regarding a former gas station at 3106 Cranberry Highway (Route 6) in Wareham. The Order establishes new deadlines for response actions at the property. In order for Sunoco to finish cleanup at the site, access to the downgradient property is required. As a result, the Order was amended to address the time required for Sunoco to attain that access.

3/23/04: DEP entered into a Consent Order and $1,500 Penalty with John R. Schnyer of Hanover. Previously, DEP issued a Notice of Noncompliance (NON) to Schnyer to correct violations uncovered during a DEP Audit regarding the cleanup of an oil release at 313 King Street, a residential property. A revised report relative to the cleanup has been submitted for the site.

3/19/04: DEP executed an Administrative Consent Order with a $2,750 penalty with Advanced Auto Parts, Inc. of Roanoke, VA for failure to adhere to Activity and Use Limitations (AUL) at its location in West Springfield. The AUL required that pavement remain in good condition to prevent access to contaminated soil underneath. A DEP inspection during 10/03 revealed pavement had not been properly maintained, allowing soil to be exposed near one of the drainage structures. The pavement is being repaired by AAP as part of the agreement. In addition, the company has initiated the process of hiring a staff person to oversee environmental compliance for the firm, which has over 2,500 locations nationwide and 23 locations in Massachusetts.

3/18/04: DEP executed a Consent Order with a $20,000 Penalty regarding Cumberland Farms, Inc. to resolve violations at its Lancaster location. The company failed to notify DEP of a gasoline contamination in a wetland; failed to conduct immediate response actions to address that condition; and, failed to submit reports within the deadlines established by the Department. Cumberland Farms has agreed to complete the cleanup of the site by September 2004.

3/18/04: DEP executed a Consent Order with a $18,500 Penalty regarding Specialty Minerals, Inc. (SMI) for violating state air pollution control regulations. SMI, located in Adams, self-disclosed to DEP that emissions of carbon monoxide emitted by the company's 4.8 megawatt diesel cogeneration system were above its allowable limit. SMI initially discovered the noncompliance as a result of air emissions testing performed on the cogeneration system in June of 2003. The company has agreed to cease operating the cogeneration system until such time the Department issues an approval for its operation and all approved modifications to the system have been completed.

3/18/04: DEP issued a Consent Order with a $10,000 Penalty regarding Pine Nuts Corporation of Weymouth. An audit of documents pertaining to the cleanup of contamination at a gasoline station owned by Pine Nuts in Weymouth found deficiencies. The Order requires the Corporation to address the unresolved technical concerns. If all terms of the Order are met, DEP agrees to suspend an additional Penalty of $20,750.

3/18/04: DEP executed a Consent Order with KMLB Realty Trust of Acton to resolve alleged violations pertaining to failure to meet obligations of an Activity and Use Limitation recorded for the site. Missed obligations include re-seeding an engineered barrier and re-surveying the site following modifications. KMLB Realty Trust has agreed to submit a revised Phase IV report and design a groundwater-monitoring plan to ensure that the engineered barrier is functioning properly.

3/18/04: DEP issued a Unilateral Order to the Estate of Clarence Spinazzola and Mass Environmental Associates (the "Parties"). The UAO requires that the Parties cease the receipt of additional closure materials at the Maple Meadows Landfill in Wilmington and provide the Department with an environmental monitoring plan for the landfill.

3/17/04: DEP executed an Administrative Consent Order and $500 Penalty with SBT Holdings, LLC of Sterling, for failure to prevent erosion and sediment from discharging to a brook that feeds Wyman Pond. The Order requires SBT to divert run-off from this work site to prevent further erosion incidents.

3/17/04: DEP issued a Unilateral Order to Mr. George P. Clements, Trustee of PBJ Trust, and President of C&O Enterprises, Inc., d/b/a North American Environmental Services, Inc. The Order follows the failure to comply with an August 19, 2003 Notice of Noncompliance (NON). The NON had required the proper disposal of Asbestos Containing Waste Material (ACWM) from 98 Cambridge Street in Middleboro. DEP also issued a civil administrative penalty to the above, in the amount of $108,000 for not properly following the Solid Waste Management regulations for ACWM, and for violating the Massachusetts Hazardous Waste regulations at 2680 Cranberry Highway in Wareham where Waste Oil was stored.

3/16/04: DEP and the Valspar Corporation entered into an Administrative Consent Order with a $260,375 Penalty, but a portion of the penalty will be suspended provided the Company performs required actions. MCP response actions in compliance with the agreed upon schedule and performs a Supplemental Environmental Project with the Town of Templeton for Zone II delineation of a municipal wellfield. Vaslpar was penalized for failing to meet MCP cleanup deadlines; failing to address potential impacts to a wetland; and, failing to upgrade permit category.

3/15/04: DEP executed a Consent Order and a $4,500 Penalty with LaMountain Brothers Service Corporation. LaMountain was the contractor for a Sunoco parking lot expansion in Oxford, and caused an alteration to Riverfront Area and Buffer Zone without insuring that the appropriate approval had been issued to allow the work.

3/15/04: DEP issued a $7,500 Standardized Penalty Assessment Notice to Gregory Associates Trust the owner of a commercial property in Dorchester at 1100 Washington Street. The violator failed to submit required Immediate Response Action status reports and failed to Tier Classify the site within 1 year of release notification. The source of the release is an UST. DEP also issued a Unilateral Order to the violator, requiring Tier Classification of the site within 6 months.

3/12/04: DEP concluded an amendment to the compliance schedule for Kushi Institute of Becket, a Public Water System. The required new water source will be installed this year.

3/12/04: DEP executed a Consent Order with a $16,500 Penalty regarding Pinetree Power of Fitchburg, Inc. for violating Air Quality Regulations at its Westminster facility. The company utilizes wood chips as a primary source of fuel and supplements the energy input with landfill gas and paper cubes to generate approximately 16 MW of electricity. During the fourth quarter of 2002 and the first quarter of 2003, the company had excess carbon monoxide and visible emissions. Through the application of the SEP policy, $12,375 of the penalty will be suspended. Under the SEP the company has agreed to remove brush and tree limbs collected from various Massachusetts cities and towns. The SEP will save participating Massachusetts cities and towns the cost of disposing this material and avert open burning. Pinetree will pay the remaining $4,125.

3/12/04: DEP executed an Administrative Consent Order and $7,600 Penalty with Minit Car Wash, Inc. in Worcester for dumping debris from the grit chamber on the banks of Beaver Brook. The Order requires Minit Car Wash to remove the grit fill to a special waste landfill and restore all the vegetation on the banks of Beaver Brook.

3/12/04: DEP entered into a Consent Order with a $6,000 Penalty regarding Hampshire Regional High School, a Public Water System in Westhampton for violations. The school must submit as-built plans for its water storage tank, complete actions relative to holding-tank requirements and discontinue a sump pump discharge to the on-site septic system. DEP agrees to suspend $5,000 of the Penalty if all terms of the Order are met.

3/12/04: DEP entered a Consent Order with a $5,000 Penalty regarding High Point Shopping Center Realty Trust, a property management company that owns a commercial strip mall in Roslindale. The Trust had submitted a deficient Response Action Outcome Statement for the property in 1996, and failed to submit supplemental information required by DEP in an audit Notice of Noncompliance in 2002. The Trust then submitted the required information in January 2004 after receiving a Notice of Enforcement Conference. In addition to the Penalty, the Trust agrees to comply with all cleanup regulations.

3/12/04: DEP entered into a Consent Order with Franklin Building & Development Corporation of New Bedford. The Order was issued for failure to submit documentation in support of the clean up of the former Stanley Oil property at 480 Mount Pleasant Street in New Bedford as required in the regulations. The Corporation is required to conduct additional response actions at the site in order to come into compliance.

3/11/04: DEP concluded a Consent Order with the Town of Alford and DPW regarding the required closure of Class V injection wells (floor drains at the facility). The floor drain discharge point was discovered during a DEP field inspection.

3/11/04: DEP issued a $67,000 Penalty Assessment Notice (PAN) to William J. Hinckley, the owner of property off Lebanon Avenue in Pittsfield. The PAN was issued for the disposal of demolition debris on both his and his neighbor's property. Previously - during the fall of 2003 - a PAN for $12,500 was issued to Hinckley for the same violations; at that time, DEP also issued an Order requiring evaluation of the extent to which waste had been buried at the site, and the clean up of the site. To date, Hinckley has neither responded to the PAN, nor has he complied with the Order. This enforcement action by DEP has been
appealed to the Department's Office of Administrative Appeals and
will not be final until that administrative appeal is completed.

3/11/04: DEP concluded a Consent Order with Monroe Bridge Water District, in Monroe. As a Public Water System, the District agrees to have the required Certified Operator of appropriate grade.

3/10/04: DEP concluded a Consent Order with a $3,000 Penalty regarding White Wolf Construction Co. of Washington (MA). WERO concluded a Consent Order with Mr. Willis, owner of White Wolf. The Order requires the Company to restore 2:1 the wetland area impacted at the site. DEP agrees to suspend $1,000 of the Penalty pending compliance with all terms of the Order. The Company agrees that all solid waste encountered during restoration effort will be disposed of properly.

3/9/04: DEP executed a Consent Order with a $14,500 Penalty regarding Elpacko, Inc. of Westford for Hazardous Waste violations at its Worcester facility. Information provided to the DEP by Worcester Fire Department led to the discovery of seventy-five (75) drums of waste mineral spirits. The company had gone out of business at the Worcester location in 2003 and failed to properly dispose of the drums. The Order requires proper disposal/recycling of the waste (which has since been done). Based upon a review of information provided by the company in support of a claim of financial hardship, DEP agreed to suspend $13,000 of the Penalty.

3/9/04: DEP executed a Consent Order with a $5,000 Penalty regarding Hudson Lock, LLC of Hudson due to Hazardous Waste (HW) violations. The company, which manufactures locks and keys had failed to properly notify the Department of their generator status and inadequate management standards at HW accumulation areas. In addition to the penalty, the company will pay $1,500 in back HW compliance fees. .

3/9/04: DEP entered into a Consent Order with a $1,500 Penalty regarding Westwood Oil Co, Inc of Framingham, (d.b.a., Valu Gas, at 419 Grove Street, Worcester). The Company was cited for repeated violations of the Air Quality regulations, and failure to maintain their vapor recovery equipment. The Company had already been issued a Notice of Noncompliance relative to the violations on 9/2/03, and in addition to the Penalty, must correct the deficiencies.

3/9/04: DEP issued a Unilateral Administrative Order with a $7,000 Penalty to Central Oil Company of 728 Broadway in Raynham for failure to conduct cleanup response actions as required in a 8/7/03 Notice of Noncompliance issued by the Department. In addition to paying the penalty, the company is required to conduct appropriate cleanup response actions with concomitant submittal of documentation.

3/8/04: DEP entered into a Consent Order with a $5,000 Penalty regarding Frades Disposal, Inc., a solid waste hauler and recycler. The violations consisted of the placement of a compost pile within a Bordering Vegetated Wetland (BVW) in New Bedford without approval from the local Conservation Commission or DEP. Frades also failed to store recyclables and solid waste in covered containers; commingled solid waste with chipped organic material; and, caused a nuisance condition by the lack of good solid waste management practices. The order requires Frades to comply with all applicable solid waste regulations and to restore the BVW to its original condition.

3/8/04: DEP concluded a Consent Order that requires the Becket Department of Public Works and the Becket Conservation Commission to develop and adhere to a Memorandum Of Understanding (MOU) regarding future emergency work. The Order arises out of a failure to properly issue an emergency certification relative to the attempt to install a leveling device in a beaver dam that resulted in a breach of the Dam and a significant release of water impacting the Massachusetts Turnpike. The Order assesses an administrative penalty of $15,000, but suspends $12,000 contingent on compliance with the MOU and the Wetlands Protection Act for 5 years

3/5/04: DEP executed a Consent Order with a $10,350 penalty with Van-Pak, Inc., a Springfield trucking company, which failed to notify DEP of a release of an estimated 48 gallons of diesel fuel. that occurred at their Cadwell Drive facility on On 11/26/03, a truck driver overfilled a vehicle fuel tank at the company's Cadwell Drive facility. The driver failed to notify Van-Pak management of the release and failed to perform any cleanup. The Springfield Fire Department responded to the scene on 11/28 and notified DEP when diesel fuel was observed migrating off the site with storm water runoff. The diesel fuel entered the storm drainage system on Cadwell Drive and ultimately was discharged to the Chicopee River. Van-Pak has agreed to complete cleanup of the release, revise its emergency procedures and re-train employees on proper response to oils spills. Van-Pak also corrected hazardous waste accumulation and storage violations noted by DEP's inspectors during a 12/19/03 multi-media inspection. DEP agrees to suspend $3,000 of the Penalty in anticipation of Van-Pak's compliance with these requirements.

3/5/04: DEP issued a Unilateral Administrative Order and a $69,000 Penalty Assessment Notice to Richard Harju of Middleboro for violations of the Wetlands Protection Act. Harju owns and operates several cranberry bogs in Middleboro. DEP inspected the site and reviewed historical topographic information, aerial photographs, maps, and soils maps to assess the change in land use at the site. DEP concluded that two areas of Bordering Vegetated Wetland (BVW) and an Isolated Vegetated Wetland were clear cut and/or filled at the site in order to construct a cranberry bog. These alterations were done without a permit and constitute violations. The Department ordered the violator to restore the altered resource areas.

3/5/04: DEP concluded an amendment to a Consent Order with Berkshire Country Day School, a Public Water System located in Sturbridge. The amendment concerns the installation of a required protected source. The PWS is now on schedule to comply after paying stipulated penalties for previous noncompliance.

3/5/04: DEP entered into a Consent Order with a $5,000 Penalty regarding violations of the Solid Waste Management Regulations at JRM Hauling. Under the Order, JRM agreed to cease the use of crushed glass at its Newbury facility for fill and to properly handle the transfer of white goods.

3/2/04; Uxbridge (CERO): DEP finalized a Consent Order with a $76,000 Penalty regarding Motiva Enterprises (Shell Oil) located in Uxbridge. Motiva constructed and operated a public water supply without DEP approval. Motiva constructed a gas station in 1999 and leased space to Dunkin' Donuts and Subway, with part of the building, the drive-through, and heating oil storage within the 100-foot Zone 1 of the well. Although groundwater contamination has been discovered at the site, the drinking water well has not yet been affected. In addition to the penalty, Motiva agrees to connect to municipal water no later than 10/31/04.

3/2/04: DEP executed a Consent Order with a $2,500 Penalty regarding Michael Perry of Westport. The Order resulted from Perry stockpiling clamshells, containing putrescible clam meats in a wetland and adversely affecting the wetlands and Angeline Brook. Perry was also cited for violating solid waste regulations for using his farm to accumulate approx. 200 junk vehicles without a license from the town. The Order requires the removal of the shells from the wetlands, the assessment and remediation of the wetland (including downstream areas) and the removal of the junk vehicles. The penalty was reduced based on the small business policy and a demonstrated ability to pay. The farm can recycle clamshells, but they must be cleaned of putrescible matter. The Westport River Watershed Alliance had expressed considerable concern in the past about this site and the pollution emanating from it into the wetlands, brook and downstream watershed.

3/2/04: DEP entered into a Consent Order with a $16,000 Penalty regarding R&M Realty Trust for violations of the Wetlands Protection Act. R&M owns land in Plympton on which several cranberry bogs are located. DEP conducted a site visit and reviewed historical aerial photographs of property off Brook Street and Upland Road, determining that a portion of an existing cranberry bog was located in an area formerly containing Bordering Vegetated Wetland (BVW). R&M failed to file a Notice of Intent and obtain an Order of Conditions for this activity. The Order requires restoration of two acres of altered wetland. The Order also contains a Supplemental Environmental Program (SEP) requiring the creation of approximately one acre of additional wetland above and beyond the area to be restored. The additional acre of wetlands to be created is valued at $12,000. R&M will pay $4,000 of the remaining Penalty to the Commonwealth.

3/1/04: DEP entered into a Consent Order with a $10,000 Penalty regarding Frank Corp. Environmental Services, a transporter of Hazardous Waste. The New Bedford company was found to have held shipments of hazardous waste for more than five working days and improperly unloaded from a truck three 55-gallon drums. The Penalty includes a Supplemental Environmental Program of $7,000, which shall consist of performing Oil & Hazardous Waste training seminars for municipal employees of the City of New Bedford, the Town of Dartmouth, and the Town of Fairhaven. The company will pay the remaining $3,000 of the Penalty to the Commonwealth.

February 2004

2/27/04: DEP executed a Consent Order with the City of Brockton that includes a Supplemental Environmental Project (SEP) in lieu of a monetary penalty. The Order addresses two separate incidents of environmental violations. First, the City's Department of Public Works (DPW) clear-cut an area of 20,000 square feet of trees along the edge of Cross Pond & Ellis Brook Pond without an Order of Conditions (a wetland's violation). Secondly, the DPW also discharged diatomaceous earth from the City's pool directly into Trout Brook (a water pollution violation). The Order requires Brockton to cease such activities and to implement the SEP, which will consist of developing a matrix for DPW and other City Departments. The matrix will describe all applicable environmental compliance requirements, and its use will be institutionalized.

2/27/04: DEP sent a Demand for Payment to Riverside Dairy, LLC of Northford, Connecticut for failure to complete cleanup actions at the site of a roadside diesel spill in Becket. The company, which owned the truck that caused the spill, has therefore, violated an Administrative Consent Order with DEP from 2/13/03. Riverside entered into the Order with the DEP, agreeing to pay a Penalty, complete the response actions-including the submittal of required documents for the site-and to reimburse the DEP for costs incurred in responding to the initial release. DEP suspended $6,250 of a $7,250 penalty, contingent on Riverside complying with the terms of the Order. Riverside paid $300 of the $1,000 due on the Penalty, but did not comply with any other requirements of the Order. As a result, DEP has demanded payment of the entire balance of the Penalty.

2/27/04: DEP entered into a Consent Order with Sheffield Foods, Inc. for mitigation of odors from their registered agricultural composting operation in Sheffield. The company had accepted a large quantity of vegetative waste from a food processing facility, and thereafter, significant nuisance odors affected nearby businesses. The Order requires the removal of the vegetative waste if odor control measures (i.e. the application of odor control agents and wood ash) are unsuccessful.

2/26/04: DEP entered into a Consent Order with a $4,500 Penalty regarding Fathers and Sons Inc., of West Springfield for Air Quality and Hazardous Waste violations. The company, which owns and operates three auto dealerships and a collision repair centers in the area, has also agreed to develop and implement Environmental Management Systems (EMS) at its facilities to ensure future compliance with all environmental laws.

2/26/04: DEP entered into a Consent Order with a $7,150 Penalty regarding the Somerville Department of Public Works relative to the operations at the city's Household Hazardous Waste Center. DEP Staff found repeated violations of Hazardous Waste and Air Quality Regulations during a follow-up inspection on 4/29/03. If all terms of the Order are met, DEP agrees to suspend the Penalty.

2/26/04: DEP entered into a Consent Order with a $10,000 Penalty regarding National Lancers, a ceremonial cavalry troop of the Massachusetts Militia. DEP Wetlands Staff noted during an inspection on 5/27/03 that the alteration of 7,500 square feet of Bordering Vegetated Wetlands had taken place at the group's training and stable facility in Framingham. No valid Order of Conditions existed allowing the work. National Lancers agrees to remove the fill and restore the wetlands. If all terms of the Order are met, DEP agrees to suspend the Penalty.

2/24/04: DEP entered into a Consent Order with an $8,000 Penalty regarding Balise Motor Sales Co. of West Springfield. The violations were discovered during DEP inspections of the company's five automotive dealerships and two auto collision repair facilities in the West Springfield and Springfield area. Balise has agreed to take corrective actions for violating air quality and hazardous waste regulations, and to develop and implement Environmental Management Systems (EMS) to ensure future compliance with all environmental laws at its various facilities.

2/24/04: DEP entered into a Consent Order with a $500 Penalty regarding S&S Automotive of Colrain for Hazardous Waste violations. In addition to the Penalty, the Order requires the facility to come into compliance.

2/23/04: DEP finalized a Consent Order with a $2,000 Penalty regarding Capstan Atlantic of Wrentham to settle complaints that the company failed to file their 2002 TURA reports by the July 1, 2003, deadline. The company agreed to file their overdue report by March 12, 2004.

2/20/04: DEP entered into a Consent Order with a $1,000 Penalty along with a Notice of Noncompliance regarding Structure Tone Inc., a licensed general contractor located at 711 Atlantic Ave in Boston. DEP Staff observed Structure Tone employees conducting separate demolition/construction projects on Milk Street and on Federal Street. Neither of these projects submitted the required notification to the DEP.

2/20/04: DEP concluded a Consent Order with a $2,500 Penalty regarding Afra Realty Trust to address Title 5 (Septic System) violations in Hopkinton. The violations were discovered through DEP's review of a permit application for a 14-lot residential subdivision known as Equus Hill Estates in Hopkinton. A review of the permit revealed the Trust had commenced with construction and sale of house units prior to receiving Department approval of the nitrogen aggregation plan. In addition to the Penalty, the Order requires the Trust to obtain the nitrogen aggregation permit from the Department prior to further sale of undeveloped properties.

2/20/04: DEP finalized a Consent Order with a $1,500 Penalty regarding Dyecraftsmen Inc. of Taunton. The Order stems from the company's failure to file their Toxics Use Reduction Act Report for 2002 by the July 1, 2003 deadline. The company also agreed to file its overdue report by March 12, 2004.

2/20/04: DEP issued a Unilateral Administrative Order and a $7,000 Penalty Assessment Notice to Babson Realty Corporation of Hanson. The company failed to conduct a Phase I investigation and Tier Classification for a release of oil at the site. The order requires the company to return to compliance within 30 days.

2/20/04: DEP entered into a Consent Order with a $2,000 Penalty regarding Sav-Mor Oil, Inc. of Pittsfield. Sav-Mor, a home heating oil delivery company failed to notify the DEP of a spill greater than 10 gallons of fuel oil that occurred at a residential property in Cheshire on or about 4/9/03. The homeowner notified the DEP of the release on 6/19/03 after becoming frustrated with the pace of the cleanup. Sav-Mor has since retained a cleanup contractor and Licensed Site Professional who completed the necessary response actions, including removal of impacted building materials and excavation of 25 cubic yards of fuel oil contaminated soil. In addition to the Penalty, Sav-More will develop a spill response plan and re-train employees on responding to releases of oil and other emergencies.

2/20/04: DEP issued a Unilateral Administrative Order to Ronald Sodergren, the owner of property located at 113 Szcygiel Road in Ware. DEP also issued a $47,400 Penalty Assessment Notice to Sodergren for: illegal disposal of hazardous waste in the area of private wells, failure to notify DEP of a release and failure to complete response actions. DEP has since completed the initial response actions including the removal and disposal of the recently-buried hazardous waste, which included paints, sealers, solvents and various water proofing compounds, to prevent impacts to nearby residential wells. In addition, DEP requires the submittal of a Tier Classification or Response Action Outcome relative to this release by no later than 5/1/04.

2/19/04: DEP concluded a Consent Order with a $5,000 Penalty regarding Alan Wright, a Title 5 (Septic System) Inspector. The Order addresses violations discovered as a result of DEP's investigation of a Title 5 Inspection conducted by Wright. DEP received a citizen complaint regarding the inspection, which involved a private residence in Westminster. DEP determined the inspector failed to properly evaluate the condition of the sewage disposal system. The Order includes a 12-month suspension of the inspector from performing Title 5 inspections.

2/19/04: DEP executed a Consent Order with a $13,000 Penalty regarding Polyfoam Corporation in Northbridge. The facility was cited for the failure to obtain an Air Quality permit prior to the installation and operation of equipment. The company produces expanded polystyrene for the packaging and construction industries and the equipment installed generates--or has the potential to generate-sufficient emissions that require a permit. The company will pay $3,250 of the Penalty, and will perform a Supplemental Environmental Project (SEP). DEP will suspend the remaining $9,750 of the penalty provided Polyfoam fund a project under the Blackstone River Watershed Association. That project will monitor and evaluate the water quality in the vicinity of this facility on the Blackstone River and its watershed areas.

2/17/04: DEP executed a Consent Order with a $2,500 Penalty regarding Sterilite Corporation in Townsend. Sterilite improperly closed a wastewater leaching system in violation of Underground Injection Control (UIC) regulations. Also, a DEP audit found that Sterilite failed to meet requirements under the Massachusetts Contingency Plan (MCP), the regulations that cover the cleanup of oil or hazardous waste contamination. In addition to the Penalty, Sterilite will undertake response actions to properly close the leaching system in accordance with both UIC and MCP requirements.

2/13/04: DEP entered into a Consent Order with a $5,000 Penalty regarding the Honeywell International, Inc. facility in Acton. An unannounced inspection revealed the manufacturing facility had acted as a Hazardous Waste (HW) storage facility (storage of HW for more than 90 days). In addition to the Penalty, the facility will submit a facility-wide Air Quality permit application that will reflect current equipment and emissions at the facility.

2/13/04: DEP entered into a Consent Order with a $22,500 Penalty along with a Notice of Noncompliance and a $5,000 Civil Administrative Penalty regarding TMC Services and the improper asbestos removal conducted at the Lexington East Fire Station. DEP Staff observed the violations on March 25, 2003. The $22,500 Penalty will be suspended provided TMC perform a Supplemental Environmental Project (SEP) that will involve the removal and proper disposal of asbestos tiles at a wing of Lowell High School. In addition, if all terms of the Order are met, DEP agrees to suspend the $5,000 Civil Administrative Penalty.

2/13/04: DEP entered into a consent order with Modern Continental regarding Wetlands violations at the project to widen Route 3 South along a 21-mile section from Lexington to the NH border. Continental will remove sediment and restore impacted wetlands areas. In addition, Continental will adopt measures designed to prevent a recurrence.

2/13/04: DEP issued a Unilateral Administrative Order to Sheffield Produce & Foods, Inc. of Sheffield regarding an agricultural composting operation. The Order was issued in response to odor complaints and confirmation by DEP inspectors that the odors were migrating off the site. The Order requires the owner/operator to remove all of the compost material causing the odors within five days and to submit within seven days written procedures for odor prevention at the composting operation.

2/13/04: DEP executed a Consent Order with a $5,000 Penalty regarding James Monroe Wire & Cable Corp. of Lancaster. The company violated hazardous waste regulations by acting out of status and failing to distribute manifests as required. The facility also failed to obtain an Air Quality (AQ) permit for Hazardous Air Pollutant emissions. The facility agreed to come into compliance, apply for an AQ permit that would restrict the facility's air emissions and remit its past compliance fees of $1,725. In addition, Monroe will hire a consultant to train employees regarding compliance issues.

2/13/04: DEP issued a Demand for Payment of $6,500 in Suspended Penalties to Laurin's Service Station in Pittsfield. Laurin's did not comply with the terms of a previous Consent Order from 11/30/00. That Order included a Penalty of $7,000 that was suspended on the condition that Laurin's submit either a Phase III Plan or Response Action Outcome in connection with the cleanup of a contaminated site. The Department had previously issued a demand for $500 of the suspended penalty.

2/12/04: DEP entered into a Consent Order with a $9,375 Penalty regarding West Bridgewater Associates II, LP of West Bridgewater. The Order addresses the company's failure to comply with the terms and conditions of an Activity and Use Limitation (AUL) regarding 860 North Main Street in West Bridgewater. The site, a former Citgo Service Station, was not maintained in accordance with the previously-submitted AUL. As a result, the company is required to conduct additional response actions at the site in order to come into compliance.

2/12/04: An Administrative Consent Order was issued to William Dunstan of 81 Hill Street in Hanson for the un-permitted dumping of approximately 1.5 acre feet of solid waste material at the site. The majority of the material came from a house that burned down five years ago. Some of the material-which included automobile parts, tires, concrete and various metal parts-had been pushed or otherwise fell onto an adjacent property. The Order requires Dunstan to remove and properly dispose of all this solid waste at an approved waste facility.

2/12/04: DEP concluded an amendment to a Consent Order with the Chester Water Department. This Public Water Supplier has already improved its chlorination procedures in recent months, but the Order and amendment address compliance by requiring immediate and repeated public notice of the health concerns regarding the high levels of total trihalomethanes (a disinfection byproduct) recorded in a year's worth of monitoring and quarterly sampling. The Order also includes a timetable for plans (including an implementation schedule) for bringing the system into compliance.

2/11/04: DEP concluded a Consent Order with the Monson Water Department to address water quantity concerns identified in a Sanitary Survey of the system. The Water Department undertook studies to consider alternative means to ensure adequate peak summertime service. Implementation of the consent order will result in the replacement of wells at two sites.

2/11/04: DEP issued a $10,000 Penalty Assessment Notice (PAN) to Atlantic Earth Materials Corporation, a paving company located in Providence, RI. The PAN was issued regarding the dumping and abandoning of solid waste at a location in Seekonk. Atlantic had been leasing the property, and after dumping the solid waste, closed down their operation at the site. The owner of the site in Seekonk is voluntarily cleaning up the material.

2/10/04: DEP finalized a Consent Order with a $750 Penalty regarding Spectrowax, located at 70 Hitchborn Street in Boston. Spectrowax had failed to file its 2002 Toxics Use Reduction Act report on time. In addition, the company, which makes industrial cleaners, agreed to pay current fees of $3,850 and an additional $3,850 in late fees penalties.

2/10/04: DEP Commissioner issued a Final Decision regarding Red Oak Realty LLC of Worcester in connection with violations of Air Pollution Control (Asbestos) regulations. After attempts to come to a negotiated settlement with Red Oak on these violations failed, the DEP sent a $39,375 Penalty Assessment Notice to the company on 9/19/03, which they appealed. Today's Final Decision by the Commissioner assesses the full Penalty but suspends $34,375 of that based on the application of the Department's Small Business Policy. In addition, Red Oak is required to perform a NESHAP (National Emission Standards for Hazardous Air Pollutants) asbestos survey of their site.

2/10/04: DEP entered into a Consent Order with FMC Corporation that requires them to complete the cleanup of a contaminated site at 9 Bishop Road in Ayer. FMC, based in Philadelphia, Penn., proposes to conduct stabilization and solidification of pesticide contamination in the wetland in Ayer. The Order allows an extended schedule for completion of the cleanup, due in part to the extensive permitting/work necessary. FMC has agreed to pay stipulated penalties if they do not meet the deadlines established in the Order.

2/10/04: DEP executed a Consent Order with a $52,500 Penalty regarding Wayne Troy of Worcester for violating Asbestos Regulations. Troy failed to notify the Department of his asbestos removal activities, and failed to properly seal, label and dispose of dry asbestos-containing materials in the building in which he is a tenant. Based upon the existence of financial hardship, DEP agrees to suspend the penalty provided Troy complies with all the terms of the Order within the next year.

2/10/04: DEP executed a Consent Order with a $1,000 Penalty regarding Interstate Premier Packaging LLC of Fitchburg for violating industrial wastewater regulations. The Company failed to have licensed wastewater treatment plant operators, a Staffing Plan and an up-to-date Operation & Maintenance Manual.

2/10/04: DEP entered into a Consent Order with a $1,450 Penalty regarding the Town of Ware in order to address multiple drinking water requirements. The Order addresses noncompliance with lead and copper levels requiring a change in the treatment method in order to ensure Ware's Public Water Supply does not exceed limits for copper. The Order also includes Zone I protection for a recently-recognized cistern source and permanent disinfection of that source. Disinfection is required due to recent bacteriological problems (total coliform and fecal coliform detections). DEP agrees to suspend $450 if all terms of the Order are met.

2/10/04: DEP entered into a Consent Order with a $2,275 Penalty regarding U-Haul of Western Massachusetts and Vermont for violations of Hazardous Waste regulations. The violations were discovered during a DEP inspection of the company's truck rental facility in Chicopee on 3/19/03. In addition to the Penalty, the Company has agreed to correct the violations and remain in compliance with the terms and conditions of the Order.

2/10/04: DEP issued a $1,000 Penalty Assessment Notice (PAN) to Clean Harbors Environmental Services, Inc. for the improper discharge of wet-well sediment (grit, sludge and other waste materials) from a stormwater pump station onto the embankment of the Connecticut River in West Springfield. On this same date, a Notice Of Noncompliance was issued to the Massachusetts Highway Department for not implementing best management practices relative to the management of wet well sediment at this location. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

2/6/04: DEP finalized an amendment to a (February, 2003) Consent Order with Dalton Fire District (which also serves as Public Water Supplier). The amended Order will require the District to rely solely on its interconnection with the City of Pittsfield if elevated levels of disinfection byproducts result from the continued use of the District's surface water source.

2/6/04: DEP executed an Administrative Consent Order with a $2,500 Penalty regarding Gene Wiezbicki, the owner and operator of the Bluebird Acres, a farm and store on Parker Street in East Longmeadow. Mr. Wiezbicki failed to perform response actions to address a release of gasoline from an underground storage tank that had been reported to DEP in November, 2002. In addition to the Penalty, Wiezbicki agreed to retain a Licensed Site Professional in order to assess the gasoline release and submit required response action documentation within accelerated deadlines. Mr. Wiezbicki also agreed to arrange for the proper closure of a composting facility that is no longer operated at the site.

2/6/04: DEP finalized a Consent Order with a $5,000 Penalty regarding Lakeside Restaurant Inc of Cheshire. Lakeside today acknowledged the violations raised in a Unilateral Order issued by DEP in January, 2003. As a Public Water System (PWS), the facility expanded and encroached upon the Zone I area around the water supply well. DEP then ordered disinfection, however, the PWS failed to disinfect the system as required and subsequently experienced detections of e-coli (bacteria) in its monitoring samples.

2/4/04: DEP entered into a Consent Order with a $1,500 Penalty regarding SB Gas & Convenience, Inc. of Springfield. The Order addresses Stage II Vapor Recovery violations at this gasoline service station identified in January of 2003, and a follow-up inspection in April 2003. The company agrees to comply with, and remain in compliance with the Stage II requirements.

2/3/04: DEP entered into a Consent Order with $24,750 Penalty regarding Fontaine Brothers, Inc., of Springfield. The Order addresses violations of the asbestos regulations at the New Engineering & Computer Science Lab at UMass/Amherst and at the Mahar Regional School in Orange. Fontaine Brothers was the general contractor for both job sites.

2/3/04: DEP entered into a Consent Order with the City of Fitchburg to correct the discharge of pollutants containing elevated levels of fecal coliform bacteria to Shea Brook, a tributary to Notown Reservoir in Leominster. Acting on a citizen complaint (in Aug.'03), DEP and the City commenced investigations to determine and eliminate these source(s) of pollution. To date the City has repaired several sewer and stormdrains in the area. Under the terms of the Order, the City will continue its investigations until field sampling confirms that the source(s) are located and corrected. The Department assessed and suspended a $2,500 Administrative Penalty pending the City's satisfactory compliance with the Order. There has been no evidence of an adverse impact to Notown Reservoir to date

2/2/04: DEP entered into a Consent Order with a $975 Penalty regarding Cooley Dickinson Hospital in Northampton to address hazardous waste handling and storage violations. The hospital also agreed to correct the violations, and to pay three years of annual compliance fees (a separate $975).

January 2004

1/30/04: DEP executed a Consent Order with a $56,250 Penalty regarding Polycarbon Industries Inc. of Devens for violations pertaining to asbestos removal. During renovations of its building, Polycarbon failed to notify the Department of a project involving the removal of asbestos and failed to properly seal, label, and wet the asbestos wastes. After a review of information indicating the existence of financial hardship, the Department agrees to suspend $32,250 of the Penalty if the company complies with all terms of the order. The remaining $24,000 penalty will be paid in quarterly installments.

1/30/04: DEP issued a Notice of Noncompliance for excessive idling of trains at the Mass Bay Transportation Authority/Mass Bay Commuter Railroad facility in Haverhill. DEP observed the activity during a site inspection on 1/23/04. After hearing concerns of the local residents, the facility has committed to begin testing to see if its current policy is appropriate.

1/29/04: DEP executed a consent order with the Town of Southbridge and Wood Recycling, Inc. (WRI) to immediately upgrade operations at the landfill and rectify wetlands and air quality violations. In addition, operations at WRI's wood-processing facility will resume with a commitment to transition to electric power within two years. This consent order, the culmination of over two years of effort by DEP, will be incorporated into a judicial settlement with the Massachusetts Attorney General and WRI. That agreement will include a penalty of $575,000, a $400,000 escrow to fund wetlands restoration and mitigation and a solid waste Supplemental Environmental Program worth $75,000 ($1.125 million total). Casella Waste Systems purchased WRI in November of 2003.

1/29/04: DEP executed a Consent Order modification with Waste Management, Cottage Developers, and the City of Springfield providing for the addition of landfill gas collection, interim capping, and perimeter hydrogen sulfide monitoring at the Cottage Street landfill in Springfield.

1/27/04: DEP executed a Consent Order with a $5,625 Penalty regarding Colvest/State Street LLC, a Springfield real estate developer, for failing to notify DEP of a release of oil. Colvest failed to notify DEP of the release as required given the amount and location of that release. Although not a requirement of the Consent Order, Colvest completed cleanup of the property in an expeditious manner, submitting a Response Action Outcome statement for the release in September 2003. The site is one of several properties linked together as part of an urban redevelopment project.

1/27/04: DEP entered into a Consent Order with a $3,250 Penalty regarding Fin Tech, LLC in Montague. The violation involved a project on Industrial Boulevard (extending a discharge pipe beneath the Connecticut River) without prior issuance of an amended Chapter 91 License as required.

1/27/04: DEP issued a Notice of Noncompliance to Harrington's Automotive of Cambridge Street in Burlington for failure to submit a Tier II Extension and Response Action outcome. This NON is part of an enforcement response against several Potentially Responsible Parties for a co-mingled gasoline plume that is impacting the residential neighborhood of Anna Road in Burlington.

1/26/04: DEP issued a Notice of Noncompliance to the Town of North Attleborough Conservation Commission for failure to comply with a Superseding Order of Conditions (SOC). The Conservation Commission is responsible for raising and lowering water levels at the Falls Pond Dam. In order to protect downstream properties from flooding and to protect wildlife habitat, DEP requires the annual drawdown to take place gradually over a period of 10-14 days. Instead water levels were dropped in a matter of 8-10 hours. The NON requires compliance with the SOC in the future.

1/26/04: DEP issued a Demand Letter to Diamma Rossi, who owns the property located at 378 - 384 Walnut street in Agawam, seeking $1,000 for failure to assess and remediate dry-cleaning solvent contaminated soils and groundwater, as agreed to in an Consent Order with the DEP from 1/28/03. By entering into the Order with the Department, Ms. Rossi agreed to complete response actions by 7/01/03. To date, the environmental cleanup has not been completed.

1/26/04: DEP executed a Consent Order against the United State Postal Service (USPS) facility in North Reading on Main Street for violations of its groundwater discharge permit. Discharge Monitoring Reports from April 2002 through September 2003 submitted by the facility indicated a violation of groundwater standards for nitrate nitrogen, total suspended solids, BOD and total nitrogen. USPS has agreed to a schedule that will bring the facility into compliance that, if not met, will trigger stipulated penalties.

1/23/04: DEP entered into a Consent Order with a $5,000 Penalty regarding Frades Disposal, Inc. of New Bedford. The Company had been accumulating solid waste without a site assignment and placing fill (compost pile) within a Bordering Vegetated Wetland and Buffer Zone. Frades neither received a valid Order of Conditions nor filed a Notice of Intent for this activity.

1/23/04: DEP issued a Notice of Noncompliance to Exxon/Mobil relative to a cleanup at 118 Cambridge Street in Burlington. The NON was issued due to inadequate Phase IV activities, and failing to submit a Tier II Extension and Response Action Outcome. The gasoline plume contamination extends into the Anna Road residential neighborhood. DEP continues to oversee Exxon/Mobil's Immediate Response Actions. Notable among those measures are: addressing the indoor air quality of one home, and addressing the contaminated groundwater that is breaking out in front of another home.

1/22/04: DEP entered into a Consent Order with a $1,000 Penalty regarding Ludlow Technical Services, a division of Tyco Healthcare Group LP. In addition to the Penalty, Ludlow Technical Services will correct air emission and waste management practices at the facility. Additionally, Ludlow Technical Services will implement an Environmental Management System at its facility and, as an Supplemental Environmental Program, provide two BOH training seminars that relate to noise survey/reduction measures.

1/21/04: DEP entered into a Consent Order with the Lancaster Sewer District creating a flow-credit arrangement known as a Sewer Bank, which the District will use to issue new sewer permits. Under the Sewer Bank, the District must remove 2 gallons of extraneous infiltration and inflow from the District-or from the municipal system in neighboring Clinton-for each additional gallon that is permitted. Since the Lancaster District sewer is connected to the MWRA facility in Clinton, and the Clinton facility is presently operating at or near its permitted wastewater flow, the two have entered into an agreement allowing Lancaster to receive flow credits for sewer rehabilitation work performed in Clinton.

1/20/04: DEP executed a Consent Order with a $21,450 Penalty regarding air quality and hazardous waste violations at Framingham Auto Services. DEP personnel observed the violations during an inspection of the Worcester Road facility on 4/16/03. FAS will take corrective steps to bring the facility into compliance. If all terms of the order are met, $17,450 of the Penalty will be suspended.

1/13/04: DEP finalized a Consent Order with a $1,500 Penalty regarding Bestway of New England, in Lancaster. The company did not file a complete 2002 Toxics Use Reduction Act (TURA) report by the July 1, 2003, deadline. In addition to the Penalty, Bestway will pay $10,300 in TURA and late fees, and has until the end of January to submit its overdue TURA report.

1/12/04: DEP entered into a Consent Order with a $1,250 Penalty regarding Sturbridge Retirement Cooperative Corporation in Sturbridge establishing a schedule that will bring into compliance the wastewater disposal systems serving this175-site retirement community. The Corporation generates a design wastewater flow of 26,600 gallons per day. At that level, the facility must obtain a groundwater discharge permit, but is currently served by on-site septic systems. The Department discovered this violation in reviewing a recent filing for further expansion of the facility. If the Corporation complies with all terms of the Order, the Department agrees to suspend the Penalty.

1/23/04: DEP issued a Unilateral Administrative Order and a $14,000 Penalty Assessment Notice to Lakeside Restaurant in Cheshire. As a Public Water System (PWS), the facility expanded and encroached upon the Zone I area around the well and experienced bacteria counts in its monitoring samples. DEP had previously ordered disinfection but the PWS failed to disinfect the system as required and subsequently experienced detections of e-coli (bacteria).

1/16/04: DEP issued a Notice of Noncompliance to Danvers Water Division, Danvers for exceedences of total trihalomethanes in a community non-transient non community public water supply system. Danvers Water Division must notify its customers through a public notice in a local daily publication before February 2, 2004.

1/16/04: DEP entered into a Consent Order with a $4,000 Penalty regarding Sheffield Produce & Food in Sheffield. In an audit of an August 2002 Closure Statement, DEP determined that an evaluation of soil contamination remaining from a 1991 gasoline release from an Underground Storage Tank had not been completed and contaminated groundwater was present proximal to private water supply wells. The Closure Statement was invalidated and response actions are required until applicable cleanup standards are achieved.

1/15/04: DEP issued a $1,000 Demand for Stipulated Penalties to Specialty Minerals, Inc. of Adams for violations which occurred on September 4th, 12th, 17th, and 19th, 2003. On these days, SMI operated its limestone production Kilns No. 3 and No. 4 in violation of operating parameters set forth in a 2003 Consent Order. Pursuant to the Order, SMI was obligated to pay a Stipulated Penalty of $250 for each violation.

1/13/04: DEP entered into a Consent Order with a $1,500 Penalty regarding Alliance Leather of Peabody. In addition to the Penalty, the company agreed to submit overdue Toxics Use Reduction Act forms after failing to send a TURA Report in 2002.

1/13/04: DEP entered into a Consent Order with an $8,500 Penalty regarding C&A Construction of Ludlow for failure to notify and take immediate response actions. Milford Fire Department notified DEP of a release of an unknown volume of diesel from an unknown source to the roads in downtown Milford that posed a safety hazard to cars and pedestrians. DEP hired a State contractor to clean up the release. DEP and the Fire Department traced the release back to an accidental release at C&A. In addition to the penalty, C&A will assume all contractor costs, close out the case and implement a spill management plan to prevent future accidents.

1/13/04: DEP entered into a Consent Order with a $750 Penalty regarding Grafton Road Realty Corp. of Westborough for violating Air Pollution Control Regulations. The Company failed to notify the Department of a demolition project that it conducted in Millbury.

1/13/04: DEP entered into a Consent Order with $33,750 Penalty regarding William J. Query d/b/a Weston Plumbing and Heating of Framingham for violating Air Pollution Control (Asbestos) Regulations. The Company failed to notify the DEP of an asbestos removal project and failed to properly seal, wet and label asbestos-containing waste materials for a project in Holliston. Based on information indicating the existence of financial hardship, DEP agrees to suspend $31,750 if the company complies with all terms of the Order.

1/13/04: DEP entered into a Consent Order with a $2,500 Penalty regarding Donald Hale in relation to the dredging of a brook on his Main Road property in Tyringham without the necessary permits. The Order notes Hale's failure to file a Notice of Intent with both the Tyringham Conservation Commission and the DEP prior to the commencement of dredging work in 2001. If Hale complies with all terms of the Order, $1,500 of the Penalty will be suspended.

1/12/04: DEP entered into a Consent Order with a $9,000 Penalty regarding Rhodes Construction, Inc. for construction of a subdivision roadway across a wetland on their project in Berlin. Rhodes needed to obtain a 401 Water Quality Certification from DEP. The Consent Order requires Rhodes Construction to submit a Water Quality Application with Alternatives Analysis in order to demonstrate that final construction will have the least adverse impact on the wetlands.

1/12/04: DEP issued a Demand Letter seeking $2,000 in payment from Berkshire Country Day School in Lenox due to the violation of a previous Consent Order with the DEP. This facility has expanded (including into a Zone I), but has not met the requirements in the Order to obtain a new source that is adequately protected.

1/9/04: DEP entered into Consent Order with a $750 Penalty regarding D.M. Crossman and Son, Inc. of Clinton for violating Air Pollution Control Regulations. The Company failed to notify the Department of a demolition project that it conducted in Millbury.

1/7/04: DEP entered into a Consent Order with American Institute for Economic Research (AIER) in Great Barrington regarding the replacement of its drinking water source from a spring to a well. AIER will conduct additional monitoring of the original source (the spring) until the well is on-line.

1/7/04: DEP entered into a Consent Order with a $3,000 Penalty regarding Rick's Auto Body and Towing in Uxbridge. The Order notes the failure to conduct an Immediate Response Action (IRA) in accordance with DEP approval, and failing to meet response action deadlines. The Order requires testing of private wells in the site vicinity and submittal of delinquent reports.

1/7/04: DEP entered into a Consent Order regarding a Hampden facility, White Birch Garden Apartments, which also serves as a public water system. The Order notes content violations in the facility's Consumer Confidence Report for 2002. The violations have since been corrected and the report re-distributed.

1/7/04: DEP issued a Unilateral Administrative Order and $1,000 Penalty Assessment Notice to Pereira Construction Company and a Notice of Noncompliance to Mass Highway Department regarding violations at a construction site on Route 5 in Deerfield. DEP inspected the site after receiving a complaint and discovered work was taking place in violation of the Order of Conditions issued earlier by the Deerfield Conservation Commission. The site remained in an unstable condition with poor maintenance of the required erosion and sedimentation controls. In response, DEP issued an NON to the project applicant, Mass Highway, requiring proper erosion and sediment controls by 1/12/04. In addition, DEP issued a Unilateral Order and Penalty to the contractor, Pereira Construction, requiring the same along with regular monitoring of construction. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

1/5/04: DEP entered into a Consent Order with a $750 Penalty regarding Construction Dynamics, Inc. of Fitchburg for violating Air Pollution Control Regulations. The Company failed to notify the Department of a demolition project in Millbury.

1/5/04: DEP entered into an Administrative Consent Order with a $10,000 Penalty regarding Scandia Kitchens, Inc. of Bellingham for violating Air Pollution Control and Hazardous Waste Regulations. The Company, which operates paint spray booths, failed to obtain an air approval for their operation or failed to meet exemption criteria, which would have negated the need for the approval. In addition to the Penalty, the Order requires compliance with applicable regulations and payment of $975.00 in avoided Hazardous Waste Compliance Assurance Fees.