December 2005

12/30/05: MassDEP entered into a Consent Order with a $7,500 Penalty involving Ould Newbury Golf Club in Newbury for Wetlands violations. The Club is a non-profit corporation leasing property for a golf course from the Governor Dummer Academy. Through the Wetland Change Project analysis aerial photographs, MassDEP identified that approximately 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled on the site. The site was altered without any permits. DEP agreed to suspend $2,500 pending compliance including the restoration and replication of a total of 19,767 square feet of BVW in five different areas of the golf course

12/30/05: MassDEP entered into a Consent Order with Martin Service Station of Dartmouth. Martin's had an oil release discovered in January 1999. The owner then conducted a preliminary response action in January of 2000 but subsequently failed to meet other deadlines. In June 2005, MassDEP issued the owner a Notice of Noncompliance. Today Order negotiates deadlines for the cleanup and includes stipulated penalties of $1,000 per day for failing to comply.

12/30/05: MassDEP entered into a Consent Order with a $7,350 Penalty involving Franklin Analytical Services, located at 191 Bedford Street in New Bedford for Air Quality (Asbestos) violations. The company failed to submit written notification to MassDEP for the removal of asbestos containing floor tiles and for committing three asbestos abatement work practice violations during the removal of thermal system insulation in the basement boiler room of the building. The work practice violations included, failure to ensure adequate wetness, failure to seal the work area and failure to use air-cleaning equipment. The company will pay $3,675 of the Penalty and perform a Supplemental Environmental Project (SEP), also worth $3,675 in lieu of paying the Commonwealth.

12/30/05: MassDEP issued a $7,690 Penalty Assessment Notice to Vendetti Motors Bus Division of Bellingham for Industrial Wastewater and Hazardous Waste violations. This unilateral action was issued after efforts to reach a negotiated settlement failed. In addition, MassDEP issued a Unilateral Administrative Order, which mandates the actions to be taken to bring the company into compliance.

12/29/05: MassDEP entered into a Consent Order with Aeroclean Demolition Contractors, Inc. of Trumbull, Connecticut for Air Quality (Asbestos) violations at the Commonwealth former Rutland Heights Hospital property in Rutland. The contractor conducted activities beyond the expiration date of its contract.

12/29/05: MassDEP/Environmental Strike Force (ESF) entered into a Consent Order with a $20,000 Penalty involving Helena Gardiner, owner of a site in Randolph to resolve allegations of Solid Waste, Wetlands, and Waste Site Cleanup violations. ESF investigated the site after receiving a complaint from the town of Randolph. MassDEP agreed to suspend $10,000 of the Penalty provided all terms of the Order are met including solid and hazardous waste removal and remediation, along with a comprehensive wetlands delineation.

12/29/05: MassDEP entered into a Consent Order with a $15,000 Penalty involving Keyspan Energy in Gloucester for Air Quality (Asbestos) violations at its Gloucester facility.

12/29/05: MassDEP entered into a Consent Order with Foxborough Land Partners, LLC for Waste Site Cleanup violations. The Order addresses past cleanup actions conducted by MassDEP, and the federal EPA at this contaminated site on Cocasset Street in Foxborough. The prospective purchaser is proposing to build a residential development on this 100-acre site. When the sale is finalized the respondent has agreed to complete the cleanup and pay $43,701.44 in past costs.

12/29/05: MassDEP entered into a Consent Order with Huntington Water Department of Huntington, a community public water system supplier regarding the presence of coliform bacteria in its distribution system. The town agreed to bring the system back into compliance.

12/28/05: MassDEP entered into a Consent Order with a $15,000 Penalty regarding LD Builders, LLC, of Dalton, to address Solid Waste and Water Supply violations during the development of property on Pine Cone Lane in Hinsdale. DEP discovered the violations during construction of the residential property known locally as Ashmere Landings. Wood waste and other construction waste had been buried on the property. A public water supply to a community building was also established without approval. In addition to paying a $15,000 penalty, LD Builders severed the water supply, and is required to excavate the solid wastes and appropriately dispose of them.

12/28/05: MassDEP entered into a Consent Order with a $6,240 Penalty involving the Erving Paper Co. of Erving for Air Quality, Hazardous Waste, and Toxics Use Reduction violations. During a MassDEP inspection on site (3/3/05) and the company submittals, violation were found for burning waste oil with an expired permit, failure to submit air reports, and submission of incomplete Toxic Use Reduction reports. In addition to paying a $4,000 penalty, the company has agreed to correct the violations and to remain in compliance. MassDEP agreed to suspend $2,240 of the Penalty provided all terms of the Order are met.

12/28/05: MassDEP entered into a Consent Order with a $5,460 Penalty regarding the John Dewey Academy of Great Barrington for Air Quality violations. The Academy conducted a large bonfire, which included some inappropriate material, without an approval of the Fire Department.  MassDEP agreed to suspend $4,460 of the Penalty provided all terms of the Order are met.

12/28/05: MassDEP entered into a Consent Order with a $2,675 Penalty regarding Debra and Thomas Locke, residents of Middleborough, for Air Quality (Asbestos) violations. The Lockes failed to notify MassDEP in writing at least ten working days before the removal of asbestos containing material (asphalt roofing) and used work practices that were not in compliance with the guidance document that is available to any homeowner and/or contractor.

12/28/05: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Monro Muffler Brake Inc. of Auburn for Hazardous Waste and Industrial Wastewater violations. The company exceeded its registered Waste Oil status, failed to properly manage its waste oil, and discharged industrial wastewater without a valid sewer connection permit. The company has instituted management practices to help ensure compliance with environmental regulations at all its Massachusetts locations.

12/28/05: MassDEP entered into a Consent Order with the Town of Ipswich relative to the release on 11/10/05 release of approximately 113,000 gallons of water with an elevated pH, or alkalinity. On that day, water with a pH level of 12 was pumped into the water distribution system. Some residents notified the town received of a strange taste and slippery feel to the water coming from their tap. Town reported that potassium hydroxide has apparently been siphoned into the water treatment plant clearwell when the plant was not in service during the night, and this potassium hydroxide had caused the elevated pH. Due to potential public health concerns, MassDEP issued a Do Not Use order on 11/10/05, which was lifted on 11/11/05

12/27/05: MassDEP entered into a Consent Order with a $7,000 Penalty regarding United States Gypsum Co. (USG) of Chelsea for Air Quality violations. USG, located at 200 Terminal Street in Chelsea was found to be in violation of its permit by failing to maintain daily monitoring records for the facility's baghouse particulate control devices for the period from 1/1/05 to 6/30/05. In addition to the Penalty, USG agreed to comply with all monitoring and record keeping requirements.

12/27/05: MassDEP issued a $156,600 Penalty Assessment Notice to National Cleaning Asbestos Abatement Co. for numerous Air Quality (Asbestos) violations. The company, which is a Massachusetts licensed asbestos abatement company, was cited for failure to notify of asbestos abatement work at seventeen (17) sites across the state. 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.

12/27/05: MassDEP issued a $35,625 Penalty Assessment Notice to Demis Plumbing of Lowell for Air Quality (Asbestos) violations. The company was cited for improper removal and handling of asbestos-containing material at 261 Stackpole Street in Lowell. MassDEP observed the violations when responding to a complaint.

12/27/05: MassDEP entered into a Consent Order with a $7,500 Penalty involving Kristie Wrecking, Inc., of Fall River for Asbestos (Air Quality) violations. The company, located at 191 Bedford Street, failed to notify the MassDEP in writing at least ten working days before conducting demolition of a commercial building that contained friable asbestos material. MassDEP agreed to suspend $1,750 of the Penalty provided all terms of the Order are met.

12/27/05: MassDEP entered into a Consent Order with a $2,880 Penalty for Air Quality violations at Certainteed (d/b/a Bird, Inc.) of Norwood. Responding to a nearby resident odor complaint, an inspection of Bird facility determined the company would need to modify its Restricted Emission Status permit, which they have agreed to do, in addition to the Penalty.

12/27/05: MassDEP entered into a Consent Order with a $7,000 Penalty regarding the Atlas Tack Corporation, located at 83 Pleasant Street in Fairhaven. Atlas is the owner of the site where a hazardous materials release has contaminated the site since 1985. For the past several years the federal U.S. EPA has been conducting response actions to address metals, PCBs and pesticide contamination in soil and groundwater. In September 2002, EPA informed MassDEP that an oil release had also been identified on the property. By August of 2004, MassDEP informed Atlas it had failed to comply with cleanup requirements for the oil spill, and a Notice of Noncompliance was issued. The owners did not comply with the NON, and today Order establishes timelines for the completion of the oil cleanup.

12/22/05: MassDEP issued a Unilateral Administrative Order to LeBaron Residential LLC of Lakeville for Wetlands violations. LeBaron is a development company constructing residential units. LeBaron was found to be discharging siltation to a Bordering Vegetated Wetland at various locations throughout the site caused by the lack of maintenance of erosion control barriers. Today Order requires LeBaron to immediately cease and desist from the unauthorized activity and to restore and maintain all erosion control barriers at the site in accordance with its permit (i.e. the Order of Conditions).

12/22/05: MassDEP entered into a Consent Order with an $8,000 Penalty involving Northborough/Southborough Regional School District for Wetlands violations. The District allowed erosion and sedimentation to a stream and wetland system adjacent to the school expansion project. Today Order also requires the removal of sediment from the stream and wetlands and requires all restoration to be complete by 6/2/06. The site has now been stabilized since the initial violation.

12/22/05: MassDEP entered into a Consent Order with a $10,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at One Franey Road in Somerville. The city failed to complete cleanup response actions within the deadlines established on 3/24/05. Previously, MassDEP had issued a Notice of Noncompliance related to the site. Under today Order, new deadlines have been established, and MassDEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.

12/22/05: MassDEP entered into a Consent Order with a $10,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at 220 Washington Street in Somerville. The city failed to complete cleanup response actions within the deadlines established on 3/24/05. Previously, MassDEP had issued a Notice of Noncompliance related to the site. Under today Order, new deadlines have been established, and MassDEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.

12/22/05: MassDEP issued a $304,320 Penalty Assessment Notice and Unilateral Administrative Order to Removal Specialists relative to Hazardous Waste and Air Quality (Asbestos) violations at the company Revere location. An inspection of that location determined that the company, which is a tank removal-and-demolition company based in Lynn, was storing more than 50 bags of asbestos waste that had been illegally removed and stored.

12/21/05: MassDEP entered into a Consent Order regarding Brimfield Elementary School in Brimfield for Water Supply violations. The Elementary Schools is part of the Tantasqua Regional/School Union 61 School District. MassDEP inspection revealed that the underground injection well located at the Brimfield Elementary School, which operates as a public water system is not in compliance. The School District has agreed to bring the facility into compliance.

12/20/05: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Jeffrey Gladu of Chicopee for Air Quality (Asbestos) violations. Gladu, a licensed plumber who improperly removed and disposed of asbestos insulation from the basement of a two-family residence in Springfield. Gladu was performing a boiler replacement as a side job. The building tenants videotaped the job, and contacted MassDEP, which traced the truck to Gladu. MassDEP agreed to suspend $7,000 of the Penalty provided all terms of the Order are met. The property owner previously agreed to pay a penalty of $2,000 and was required to retain a licensed asbestos contractor to properly remediate the basement.

12/20/05: MassDEP executed a Consent Order with a $16,000 Penalty regarding J.P. Routhier & Sons, Inc for Wetlands violations in Ayer. The company allowed erosion and sedimentation into a wetlands resource areas from its tire recycling facility in Ayer. Today Order requires comprehensive storm-water controls to be constructed, with full restoration of the impacted wetland. MassDEP has agreed to allow the company to fund a Supplemental Environmental Project with $12,000 of the Penalty. The project proposes Bacteria Source Tracking and Water Quality Monitoring including obtaining analytical equipment for the Nashua River Watershed Association.

12/20/05: MassDEP entered into a Consent Order with an $860 Penalty involving Prism Developers, Inc. of Clinton. The company improperly handled construction & demolition material at a demolition project at 132-140 Brooks Street in Clinton. The company failed to notify MassDEP of the demolition of the former Parker Molding industrial facility in violation of the state regulations.

12/20/05: MassDEP entered into a Consent Order with an $850 Penalty involving Ricciardi Bros., Inc. of Worcester. The company improperly handled construction and demolition material at an interior demolition project at 146 Main Street in Worcester. The Company failed to notify the Department of the demolition work.

12/20/05: MassDEP entered into a Consent Order with a $5,575 Penalty for Air Quality violations involving Tubed Products of Easthampton. As a follow-up to a May 2005 inspection, Tubed Products submitted facility emission data for calendar year 2004. Examination of the data showed that emissions from two of its printers exceeded the limit. The company will now submit a Comprehensive Plan Approval that will incorporate all the plant emission equipment. MassDEP agreed to suspend $4,575 if all terms of the Order are met.

12/20/05: MassDEP entered into a Consent Order with a $2,500 Penalty involving Crystal Lakes Village Inc. in Palmer for Wetlands violations. The company failed to comply with various conditions set forth in MassDEP Superseding Order of Conditions, and failed to comply with a subsequent Notice of Noncompliance related to the construction of this residential development. In addition to the Penalty, the company has now agreed to bring the site back into full compliance.

12/19/05: MassDEP entered into a Consent Order with Berkshire Botanical Garden of Stockbridge for Water Supply violations. The Garden operated as an unregistered public water system and has agreed to implement compliance activities until the facility can be connected to a registered community system. MassDEP coordinated with the Stockbridge Public Water Supply during inspections and in order to prepare the Garden schedule for connection.

12/16/05: MassDEP entered into a Consent Order with a $67,8200 Penalty involving Glyptal, Inc. of Chelsea for Waste Site Cleanup violations. 305 Eastern Avenue, Chelsea for continued violations of M.G.L c 21C. Within 180 days of the effective date of the Consent Order $3,500 is due with the balance of $64,320 payable with 30 days of a DEP Demand Notice as a result of non-compliance with the ACO.

12/15/05: MassDEP executed a Consent Order with a $27,877.50 Penalty regarding the Flo Chemical Corp. of Ashburnham for Air Quality, Hazardous Waste and Industrial Wastewater violations. The company failed to comply with its (air) emission permit, failed to properly manage its waste oil, and failed to operate in compliance with its surface water discharge (NPDES) permit. MassDEP agreed to suspend $25,377.50 of the Penalty after a review of financial information provided by the company indicates the existence of financial hardship conditions.

12/15/05: MassDEP entered into a Consent Order with a $5,500 Penalty regarding Benjamin Builders Realty Trust for Wetlands violations in Fitchburg. The developer failed to control erosion and sedimentation to a pond and wetland near its subdivision project in Fitchburg. The Consent Order acknowledges that Comprehensive Erosion Control and full Wetland Restoration have already been implemented at the site.

12/12/20: MassDEP entered into a Consent Order with a $2,500 Penalty regarding Robert E. Powers Realty Trust for Waste Site Cleanup violations at 145 Stoughton St. in Dorchester. Today Order was signed in settlement of an administrative appeal of a Demand for Suspended Penalties issued by MassDEP for the Trust's failure to meet the terms of an earlier Settlement Agreement, which the Trust had entered to resolve its noncompliance with cleanup deadlines. In September 2005, while settlement negotiations were proceeding, the Trust submitted final cleanup documents regarding the site.

12/9/05: MassDEP entered into a Consent Order involving Trigen-Boston Energy Corp. for Air Quality violations at its Kneeland Street Station in Boston. Trigen will undertake steps to mitigate opacity (or visible) emissions from the facility (hardware and combustion modifications, new burner cleaning procedures, alternate soot-blowing). Today Order also includes a mandated employee-training program with annual refresher course to incorporate new operating procedures that will be implemented to mitigate visible emissions.

12/8/05: MassDEP entered into a Consent Order involving 395 Lynnway, LLC, of Lynn for Waste Site Cleanup violations. The company failed to achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 5/3/2005. New deadlines were set in the ACO to return to compliance with the submittal of an RAO by 11/1/2006. In addition, the company agreed to pay $1,000/day stipulated penalties in the event of non- compliance with the Order.

12/8/05: MassDEP entered into a Consent Order with a $33,000 Penalty involving Jerome Sousa, Jr., for Waste Site Cleanup violations. Sousa failed to submit cleanup reports on his property at 475 Boston Post Road in Sudbury. Specifically, Sousa failed to meet the deadlines that had been established in a Notice of Noncompliance on 1/10/03. Sousa agreed to new deadlines to return to compliance by 12/1/2006. MassDEP agreed to suspend $23,000 of the Penalty provided all terms of the Order are met.

12/8/05: MassDEP entered into a Consent Order with a $32,000 Penalty involving Jerome Sousa, Jr., for Waste Site Cleanup violations. Sousa failed to submit cleanup reports on his property at 870 Western Avenue in Lynn. Specifically, Sousa failed to meet the deadlines that had been established in a Notice of Noncompliance on 7/30/04. Sousa agreed to new deadlines to return to compliance by 12/23/2005. MassDEP agreed to suspend $22,000 of the Penalty provided all terms of the Order are met.

12/8/05: MassDEP entered into a Consent Order involving Jerome Sousa, Jr., for Waste Site Cleanup violations at 174 Main Street in Peabody. Sousa has failed to submit cleanup reports on this property, and has agreed to deadlines to return to compliance by 12/15/2005 or pay $1,000/day stipulated penalties.

12/7/05: MassDEP entered into a Consent Order with Zacmegeth, LLC, of Attleboro for Waste Site Cleanup violations. In 1994, a release of heating oil to the environment occurred at 16 County Street was detected during an underground storage tank. The company was issued a Notice of Noncompliance (NON) in July 2005 for failing to complete response actions. Under today Order, the company agreed to complete the cleanup; MassDEP has agreed to the deadlines in exchange for stipulated penalties if the company fails to meet them

12/07/05: MassDEP entered into a Consent Order with a $3,000 Penalty involving Topsfield Water Department for Water Supply violations. Topsfield failed to conduct annual lead and copper monitoring of the distribution system, and was issued a Notice of Noncompliance (NON) on 4/8/2005. Terms of that NON were not met, specifically, a failure to provide Public Notification, informing customers on this violation, within the deadlines established. The town Water Department has now agreed to submit a Lead and Copper sampling plan that will collect Lead and Copper tap samples and provide Public Notification. MassDEP agreed to suspend $2,000 of the Penalty provided all terms of the Order are met.

12/7/05: MassDEP entered into a Consent Order with a $1,000 Penalty for Waste involving Valentin Auto Sales of Dorchester for Waste Site Cleanup violations. The company, located at 98-106 Quincy Street in Dorchester, failed to notify MassDEP within 120 days of the discovery of a release of oil at the site, as required under law. In addition to the Penalty, the company has agreed to comply with cleanup regulations.

12/6/05: MassDEP entered into a Consent Order with a $5,160 Penalty with Heritage Transport, LLC, for Hazardous Waste violations at numerous Lowe Home Improvement facilities throughout the state. Heritage, which is based in Indianapolis, Indiana, agreed to address the hazardous waste transport violations that MassDEP discovered during a review of shipping manifests. Heritage accepted and transported hazardous wastes from those facilities by using non-hazardous waste manifests. In addition to the Penalty, Heritage has agreed to take corrective actions, conduct an audit of its activities in the Commonwealth in order to identify other manifesting noncompliance, make the appropriate reports, and pay any associated transporter fees.

12/5/05: MassDEP issued a $30,285 Penalty Assessment Notice to Chemical Sales & Service Co. of Worcester for Hazardous Waste violations. MassDEP Strike Force determined that the company was storing hazardous materials in excess and for longer time periods than its permit allowed. The company stores and distributes a wide variety of industrial chemicals from its Worcester location, but was cited during the inspection for: failing to characterize & label its hazardous wastes; for storing incompatible hazardous wastes in close proximity to each other; for not securing hazardous wastes stored outside; for not having a contingency plan for spills or emergencies; and, for discharging industrial waste water and spilled chemicals to the ground at its outdoor bleach filling operation. Remedial cleanup required by the Department resulted in more than 5,667 gallons (22.6 tons) of hazardous waste being properly remediated 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.

12/5/05: MassDEP and the Strike Force entered into a Consent Order with an $8,800 Penalty regarding Dr. Christopher D. Southgate of Sudbury, Mass. Southgate was responsible for the illegal disposal of significant quantities of medical waste. In September 05, thirty-eight (38) boxes, each containing between sixty (60) to eighty (80) tubes of biological waste, were unlawfully dumped in the white goods section of the Needham Transfer Station, inside an old freezer. MassDEP and the Strike Force responded to a request for assistance from the Town of Needham and located Dr. Southgate through evidence left in the freezer. Southgate has agreed to pay an $8,800.00 penalty to the Department, and to reimburse the town for all expenses incurred to dispose of the property.

12/2/05: MassDEP entered into a Consent Order with a $5,000 Penalty involving R & F Furniture and Refinishing Inc. of Shirley for Air Quality and Hazardous Waste violations. During an inspection (prompted by a complaint), MassDEP determined the company was disposing of paint waste in a dumpster and potentially emitting over 3 tons of volatile organic compounds (an air pollutant) without approval. In addition, the company failed to comply with other Hazardous Waste management requirements. MassDEP agreed to suspend the entire Penalty based on a review of financial information provided by the company, which indicates the existence of financial hardship.

12/2/05: MassDEP executed a Consent Order with Montessori Center, Inc. of Auburn for Water Supply violations. The Center had been operating an unregistered public water supply at its facility. The Order requires the facility to come into compliance with drinking water regulations and policies.

12/2/05: MassDEP issued a $13,050 Penalty Assessment Notice regarding A-Quality Removal Inc. of New Hampshire for Air Quality (Asbestos) violations. The company, a licensed asbestos removal contractor, was cited for failing to notify for an asbestos-removal project at 74 Columbia Road in Arlington.

12/1/05: MassDEP issued a Unilateral Administrative Order to Cashman/Balfour Beatty (CBB) regarding the Greenbush Project in Weymouth and Braintree. CBB was cited for Wetlands violations. The violations resulted in discharge to the wetlands and the resource waters of the Commonwealth, including sediment accumulation in a bordering vegetated wetland, vernal pool and salt marsh. Today Order requires the immediate cease and desist of discharges, removal of accumulated sediment deposits and sets deadlines for corrections to the aforementioned violations.

12/1/05: MassDEP entered into a Consent Order involving Eagle Gas Station located at 131 Main Street in Carver. Today Order involves the former owner of the gas station negotiated because the former owner previous MCP submittals were not in compliance with the MCP. The ACO required the owner to further investigate the extent of contamination and reevaluate the Response Action Outcome.

12/1/05: MassDEP entered into a Consent Order with a $3,000 Penalty involving Heritage Construction Company, Inc. for Wetlands violations at 5 South Bullfinch Street in North Attleborough. The company cleared and graded an area adjacent to Falls Pond in violation of its existing Order of Conditions. Prior to this, the North Attleborough Conservation Commission and MassDEP had cited the contractor for working at the site without a valid Order of Conditions. Heritage has now agreed to stabilize the disturbed areas, and will seek approval for the work it has already conducted and refrain from conducting any future unauthorized activities at the site. If Heritage is unable to obtain a valid final order approving the completed work, then Heritage must submit a restoration plan.

November 2005

11/30/05: MassDEP issued a Demand for Payment for an ACOP for Modern Continental Construction Company which was originally issued to complete the cleanup of the Everett yard at 22 Horizon Way, off Route 99, in Everett. Modern Continental failed to submit the required inventory schedules and documentation to demonstrate cleanup of this yard.

11/30/05: MassDEP entered into a Consent Order with Yoplait Columbo to resolve certain violations of MassDEP's Industrial Wastewater regulations as a result of two unpermitted discharges of industrial wastewater to surface water that occurred during delivery of raw material (liquid sugar) to the facility. The discharges occurred due to human error. The Consent Order calls for the construction of a concrete enclosure designed to capture future accidental releases of raw material from truck and facility valves or hoses. Yoplait Columbo made immediate infrastructure improvements to prevent discharges to the environment through its piping network.

11/29/05: MassDEP entered into an ACO with Ms. Joan Boilbeaux, who owns property at 43 State Road, Great Barrington. This property became a site in 1993 as a result of leaking gasoline USTs. MassDEP had issued an NON in March 2005 for failure to submit a Tier II Extension Request, Phase II, III, IV Reports or an RAO in a timely manner. In response to the NON, the attorney for Boilbeaux requested an extension of time to submit the Tier II Extension Request, which was granted. While the Tier II Extension Request was submitted and approved, none of the other documents have been submitted. The ACO establishes a deadline of December 20, 2005 for submission of the Phase II and Phase III reports, or an RAO, and February 20, 2006 for the submission of the Phase IV or RAO. The ACO includes stipulated penalties should the ACO be violated.

11/29/05: MassDEP issued a UAO to the Wachusett Regional School District in Holden to address significant erosion problems affecting Tannery Brook associated with the Regional High School Construction project. This site has been the subject of enforcement by MassDEP before for erosion issues elsewhere on the site. The current problem was brought to MassDEP attention by DCR. DCR is very concerned about the ongoing impacts to the Wachusett Watershed.

11/29/05: MassDEP entered into an ACOP with Mother Brook LLC, of Massachusetts, owner of One Westinghouse Plaza in Hyde Park, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 6/8/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 7/1/2007. Mother Brook LLC agreed to pay a $12,000 administrative penalty, with an additional penalty of $20,000 suspended, pending compliance with the ACOP. The site is being redeveloped for residential use.

11/29/05: MassDEP issued a Demand Letter for payment of stipulated penalties in the amount of $30,000 for Modern Continental Construction Co, (MCC) for violating an 8/8/2005 ACOP between MCC and the DEP for violations of the solid waste management regulations. The ACOP specified the actions MCC must manage and remove solid waste, including Asbestos Containing Material, stored at its Everett Yard which is in non-compliance with the Solid Waste and Air Quality regulations and the MCP. MCC has failed to submit the reports required by the ACOP documenting the type and quantity of solid waste stored at the site and its removal in accordance with the provisions of the Order.

11/28/05: MassDEP has executed an ACOP, including an assessed penalty of $1000, with the Town of Southborough Department of Public Works for its failure to complete the required assessment and cleanup of contaminated groundwater at its DPW facility at 147 Cordaville Road. MassDEP issued a Notice of Noncompliance requiring the cleanup by April 13, 2005 and the Town failed to meet this deadline. In the order, the Town has agreed to complete the cleanup by July 1, 2006.

11/28/05: MassDEP concluded an agreement with the Brookside Village PWS in Wales, which is small community public water system, to address the follow-up to a drinking water emergency. The system lacked sufficient water from its source and brought in bulk water. Appropriate bulk delivery practices and development of a new source are addressed in the ACO.

11/23/05: MassDEP entered into a Administrative Consent Order with NWG Automotive Repairs, Inc. of Medway, with a $15,000 penalty for failing to respond to a Notice of Noncompliance. The company failed to meet their Response Action Deadlines set forth in the MCP.

11/23/05: MassDEP executed an ACOP with the Aulson Company, Inc. of Methuen, an asbestos contractor licensed by the Massachusetts Division of Occupational Safety, for violating Air Pollution Control (Asbestos) Regulations at sites they were working at in Worcester and Westborough. During routine inspections it was determined that the company failed to seal work areas while removing asbestos containing material from facility components, failed to ensure that asbestos containing waste material remained wet until sealed into leak tight containers for disposal, and failed to seal asbestos containing waste in a leak tight container. In the ACOP the company agreed to pay a $3,500 penalty.

11/23/05: Laidlaw Transit, Inc., a Delaware corporation that owns and operates school buses throughout Massachusetts, entered into an ACOP with MassDEP and has been penalized $2,000 for violating Air Quality Control regulations. The penalty was assessed after MassDEP personnel observed school buses idling excessively at the Shepard Hill Regional High School in Dudley.

11/23/05: The Johnson Fence Company in Rutland entered into an ACOP with MassDEP for violations of Solid Waste Management regulations. The Company was assessed a $2,000 penalty and ordered to remove the solid waste that had been dumped on the property located in that Town. The solid waste consisted of used wooden and metal fencing material.

11/23/05: The Massachusetts Department of State Police entered into a Consent Order with MassDEP to address work not completed and missed deadlines relative to a release of gasoline at its Northampton site that dates back to 1992. The Consent Order provides that within 30 days of its execution, the State Police are to submit a plan outlining steps to be taken to determine the source and migration pathway for contamination in a stream, perform a more complete assessment of a storm drain, including quarterly sampling/analysis of stream; within 120 days, submit revised Phase II Report with a revised Risk Assessment, including a Stage II Environmental Risk Characterization if required, and revised Phase III RAP since conditions have changed; within 180 days, submit a Phase IV RIP. The Consent Order includes stipulated penalties at $1,000 per day per violation.

11/23/05: MassDEP entered into an administrative consent order with the City of Chicopee for failing to immediately notify MassDEP of a release of 50 gallons of ferric chloride that occurred at the Chicopee Water Pollution Control facility on June 13, 2005. Although Chicopee personnel took immediate steps to clean up the release, MassDEP was not notified of the release until the following morning, June 14 at 10:00 AM. The consent order assesses a penalty of $8,630, $7,630 of which is suspended provided the City implements an Environmental Management System. The City has agreed to review and enhance its environmental compliance and workplace safety systems, provide routine training to employees on response to hazardous spills and other types of emergencies, and take additional steps to insure the City compliance with environmental regulations for its water pollution control operations, including the water pollution control facility on Medina Street and twenty sewage pump stations located throughout the City.

11/22/05: Fontaine Builders, Inc. of North Attleborough received three Final Orders of Conditions approving construction of three single-family houses in the buffer zone to bordering vegetated wetland and within a portion of bordering land subject to flooding in North Attleborough. As part of the approval, Fontaine was required to install and maintain erosion control barriers, construct a compensatory flood storage area and provide wildlife habitat mitigation within the compensatory flood storage basin. Fontaine failed to properly maintain the erosion control barrier and allowed sediment to erode into a bordering vegetated wetland (BVW). Fontaine also failed to provide the wildlife habitat mitigation within the compensatory flood storage area. DEP and Fontaine entered into an ACOP that imposed a $3,750 penalty, which required that the altered BVW be restored, required that the erosion control barrier be properly maintained until all disturbed soils have been permanently stabilized, and required that the wildlife habitat mitigation within the compensatory storage area be completed.

11/22/05: MassDEP entered into an ACOP with Dad's Abatement LLC for violations observed at its waste storage location in Lawrence during the licensed asbestos contractor initiative. Dad's Abatement will pay $1,000 as a penalty for ripped and leaking asbestos containing waste bags that were observed in the waste storage container at the site.

11/22/05: As part of an ongoing focus on illegal solid waste disposal in urban areas, the MassDEP Environmental Strike Force entered into an ACOP with Bolt St. LLC to settle claims related to illegal disposal on Bolt property in Lowell. In addition to a $12,500 penalty ($7,500 suspended) Bolt agreed to lawfully remove and dispose of the illegally dumped solid waste and to comply in the future with applicable solid waste regulations.

11/22/05: MassDEP executed an ACOP with Uxbridge Cabinet Center, Inc. of Uxbridge for violating Air Pollution Control and Hazardous Waste Regulations. During a routine inspection the company was found to be emitting over 5 tons of Volatile Organic Compounds without a valid plan approval and without meeting plan approval exemption criteria. In addition, the company failed to notify the DEP of its Hazardous Waste generation activity. In the ACOP the company agreed to pay a $6,000.00 penalty.

11/21/05: An ACOP was issued to Joe Gas, Inc for failure to comply with a Notice of Noncompliance (NON) issued for the Joe Gas service station located at 33 Bedford Street in Lakeville. A $10,062.00 penalty was assessed for the violations of the Class A-2 RAO that were included in the NON. The ACOP also requires Joe Gas, Inc. to conduct additional response actions at the site to comply with the provisions of the Massachusetts Contingency Plan (MCP).

11/18/05: MassDEP issued a Notice of Noncompliance to each of the following transient public water systems for violations of the MCL for total coliform during October: Olde Willow Motor Inn & Restaurant (Charlemont), Guilder Hills Water System (Egremont), Villa Rose Restaurant (Ludlow), Granby Town Offices, Aldrich Hall, Chateau Harmony (all of Granby), and Rudolph Steiner School (Great Barrington). These systems sampled during the period of heavy rains. DEP is continuing on its follow-up efforts with these systems.

11/17/05: MassDEP entered into an ACOP with the Holland Company of Adams, an alum manufacturer, to address solid waste, groundwater, surface water, wetland, and air pollution control violations. In addition to paying a $1,000 penalty, Holland Company has agreed to develop and implement short- and long-term plans and measures to control and prevent further stormwater discharges, conduct a detailed site investigation, including groundwater monitoring, develop and implement short- and long-term plans and measures to control and prevent spills; and properly manage residuals. The Company will also develop and implement an EMS, and contribute, as an SEP, approximately $90,000 in services and materials towards the closure of the Town of New Ashford landfill.

11/17/05; MassDEP entered into an Administrative Consent Order and Penalty with Fortier Boats, Inc. of Somerset for violations of the Massachusetts Hazardous Waste and Air Quality Regulations. A multi-media inspection revealed Fortier Boats had failed to register as a Very Small Quantity Generator (VSQG) of hazardous waste and waste oil, failed to notify DEP prior to operation of a solvent still, and had failed to properly mark the hazardous waste accumulation area. In addition, Fortier Boats was operating without a permit required for emitting greater than one ton of acetone emissions. The ACOP ensures compliance with the Hazardous Waste and Air Quality requirements. Total penalty is $1,870.

11/17/05: MassDEP entered into an ACOP with Quebecor World RPC of Taunton, for violations of the Toxic Use Reduction Act, Air Pollution Control, and Hazardous Waste Regulations. This ACOP will ensure compliance with the TURA, AQ, and HW requirements. The multi-media inspection revealed the company failed to file the TURA reports before the July 1st 2005 deadline, failed to keep containers of volatile organic compounds closed and failed to use the correct codes on the hazardous waste manifests. The total penalty is $1,752.

11/17/05: MassDEP entered into a Consent Order with First Student, Inc. of Cincinnati, OH, to resolve certain violations of the Clean Air Act where school buses in Boston and Springfield, owned by First Student, were observed idling by MassDEP staff for more than five minutes continuously, when idling was not clearly necessary. The Consent Order called for the payment of a $10,000.00 penalty and established a schedule for the completion of certain other actions in order to come back into compliance.

11/16/05: An ACO with Raymond Thurber of Dighton was executed on November 16, 2005 supersedes a prior Consent Order executed with Mr. Thurber in 2004 which called for the development of a farm plan, a forestry plan and a filing with the local Conservation Commission to rectify past filling of wetlands with clamshells to develop a road to an upland area for cutting trees for lumber. Thurber chose to sell his property rather than attempt to gain access across the wetlands for the purpose of cutting lumber. Therefore a new Order was agreed upon whereby the shells are to be removed from the wetland under this recent Order. As a result of the Order, Thurber will fully restore the altered Bordering Vegetated Wetlands. DEP agrees to permanently waive the civil administrative penalty of $2,000 based on financial information that was provided to the Department on the condition that Thurber complies with all the requirements of this Consent Order.

11/15/05: MassDEP entered into an Amended Consent Order with C.J. Crosstown, LLC of Boston for violations of the MCP, specifically for their failure to dispose of contaminated soil within applicable timelines and failure to complete Comprehensive Response Actions within the timelines specified in the MCP. MassDEP amended the timelines for completion of activities detailed in the original Consent Order, issued in May 2005, due to C.J Crosstown's financial difficulties. The Amended Consent Order provides a revised schedule for completion of the work, with financial penalties for noncompliance with the new timelines.

11/15/05: MassDEP executed an Administrative Consent Order with Penalty with Lavoie Ballard Landing, Inc., owner of 130 Ballard Street in Saugus, for waste site cleanup violations. Specifically, the violations were for failure to submit an Immediate Response Action (IRA) Status Report within the deadline established in a Notice of Noncompliance issued by MassDEP on June 20, 2005; and for failure to achieve a Response Action Outcome (RAO) or submit a Tier Classification within timelines specified in the MCP. New deadlines were set in the ACOP to return to compliance with the submittal of an IRA Status Report and an RAO or Tier Classification by 11/30/2005 and 2/28/2006, respectively. In addition, Lavoie Ballard Landing, Inc., agreed to pay a $3,000 administrative penalty, with an additional penalty of $27,000 suspended, pending compliance with the ACOP.

11/15/05: As part of a Tank Removal Companies Initiative, Unlimited Disposal of Marblehead was inspected and found to have numerous 21C violations. After an Enforcement Conference with the owner, MassDEP took into consideration the Small Business Policy and the fact that Unlimited was changing its business practices. No penalty was assessed.

11/14/05: MassDEP and Worcester Sand & Gravel Company, Inc. of Shrewsbury have entered into an ACOP to resolve violations including failure to meet deadlines for the assessment and cleanup of the petroleum and chlorinated solvent releases at their site, which is located within the Zone II of municipal drinking water supply wells. The Company had previously entered into an ACOP but did not comply with the deadlines in that Order. The Company has agreed to pay a penalty of $22,500 and has also provided financial assurance to MassDEP in the form of an escrow fund in the amount of $250,000 to be used for the cleanup.

11/10/05: MassDEP concluded an agreement with Simon Rock Early College, Great Barrington, concerning its public water distribution system and storage facility modifications without prior approval and permits from MassDEP. The PWS relied upon a professional engineer certification that all permits, regulations and laws were met. The ACOP requires the College to obtain the permits now and correct deficiencies identified during the recent inspection. A penalty of $3,300 was assessed with $1,650 suspended.

11/10/05: Following an inquiry by the Mass. Division of Marine Fisheries, MassDEP performed a site inspection at a newly opened marina known as, The Pier at Cordage , Cordage Park, Plymouth. The owner of the marina was found to have deployed a 54-slip floating dock system and constructed a concrete boat ramp without prior authorization under the Chapter 91 Waterways Program and the Wetlands Protection Act. The owner of the property, Cordage Development, LLC has agreed to an ACOP. The ACOP includes a penalty of $15,000 of which $10,000 will be suspended in consideration for the successful performance of a Supplemental Environmental Project (SEP). The SEP requires that Cordage Development, LLC construct and maintain within the public access area an educational, weather protected display describing the maritime-industrial history or Cordage Park and to construct, operate and maintain a museum which depicts the maritime-industrial history of the former Plymouth Cordage Company and environs. Cordage Development has filed an after the fact Chapter 91 application for the existing structures. It is expected the special conditions within the Chapter 91 License and the completed SEP will enhance the public access and enjoyment of the waterfront at Cordage Park.

11/10/05: RBS Realty Trust entered into an ACOP with MassDEP for failing to meet MCP requirements governing the cleanup of hazardous waste at their property located at 27 Washington Street, Westborough. On December 27, 1999, DEP received a Phase I Initial Site Investigation Report and a Tier II Classification submittal to determine the severity of site contaminant conditions. Under the regulations, a final cleanup report was required to be submitted to DEP by December 27, 2004. The Company did not comply with this deadline. During the negotiation process, RBS Realty Trust completed the remediation and submitted the final cleanup report. The Trust will pay a $10,000 penalty.

11/10/05: MassDEP has executed an ACOP with the waste site cleanup consulting firm AJS Environmental, Inc. of Paxton, including a penalty of 5,928. AJS Environmental Inc. had applied remedial additives near a drinking water supply without MassDEP's approval and without the required groundwater monitoring. MassDEP discovered the violations during a Level 2 audit of response actions for the gasoline release at the Paxton Gulf Station in Paxton.

11/10/05: A Unilateral Administrative Order and Assessment of Administrative Penalty for $28,000 was issued to John "Jay" Santos for violations of the Wetland Protection Act (WPA) and regulations on his 25 Myrtle Street, Millis property, which is located on the Charles River. As the result of a recent telephone complaint, DEP staff inspected the site and observed earth moving that included filling and grading in Bordering Land Subject to Flooding. This activity took place without filing for a permit or receiving any authorization. A previous complaint had been filed in September of 2004 in Superior Court against Mr. Santos by the Attorney General's Office on behalf of DEP for violations of the WPA Act and regulations on the property. A default judgment was entered in favor of the DEP on 4/27/2005 making this new activity a willful pattern of noncompliance. In addition to the penalty, DEP has ordered that the fill be removed and the area restored with vegetation. 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.

11/10/05: MassDEP signed an ACO with Wind River Environmental, LLC. On July 11 & 12, 2005 this septage hauler dumped 15,000 gallons of septage into a storm drain at the Peabody High School. The septage ended up going to Proctor Brook and jetting out of the storm drain that goes to Proctor Brook. Both the storm drain and the brook area needed to be cleaned up. A penalty of $22,500 was agreed to.

11/9/05: MassDEP executed an ACOP with Dewhurst Lumber, Inc. in East Bridgewater for discharging industrial waste without a groundwater discharge permit. The deadline for completion of upgrade, subject to stipulated penalties, is 5/1/2006. The penalty assessed was $25,000; $4,000 has been paid and the balance has been suspended provided the deadline date for completion is met. The owner has ceased all discharge and is currently discharging to an interim industrial waste holding tank until a recycle wash water (closed loop) system can be built.

11/9/05: MassDEP issued a Demand Letter directing New Ventures LLC to pay a suspended administrative penalty of $175,000 for noncompliance with a 4/13/2005 ACOP relative to the Crow Lane Landfill in Newburyport. Violations of the ACOP by New Ventures include, without limitation, failure to operate the landfill gas extraction and treatment system at the landfill in accordance with the ACOP; failure to submit required status reports and as-built plans, and failure to place grading and shaping material at the landfill in accordance with the conceptual closure plan as approved by DEP.

11/9/05: MassDEP entered into a Consent Order with The Town of Ipswich and First Ipswich Bancorp relative to the failure to timely document the potential for on-site releases in an DPS and the failure to comply with the deadlines contained in a NOAF/NON relative to a Hammatt Street parcel. The Consent Order called for the payment of a $12,500 Penalty and established a schedule for the completion of necessary response actions in order to come back into compliance and to close out this site DEP agreed to suspend $7,500 of the penalty provided all terms of the Consent Order are met.

11/9/05: MassDEP issued an Administrative Consent Order with Penalty to Puritan Lawn Memorial Park-Cemetery, 185 Lake Street, Peabody. Included in the Order were violations of the Massachusetts Air Quality and Hazardous Waste regulations. Puritan Lawn shall pay to the Commonwealth a civil administrative penalty of $1,437. This Order is one of several that came about as a result of the Bureau's crematory inspection initiative.

11/8/05: MassDEP executed an Administrative Consent Order with Penalty with Southampton Food Wholesale Food Terminal, Inc., owner of 80-84 Newmarket Square in Boston, for waste site cleanup violations. Specifically, the violations were for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 5/21/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 3/1/2007. In addition, Southampton Food Wholesale Food Terminal, Inc., agreed to pay a $25,000 administrative penalty, with an additional penalty of $24,000 suspended, pending compliance with the ACOP.

11/8/05: MassDEP executed an Administrative Consent Order with Penalty with B.L. Ogilvie & Sons, Inc., owner of 39 Warren Avenue in Weston, for waste site cleanup violations. Specifically, the violations were for failure to achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 6/9/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 11/8/2006. In addition, B.L. Ogilvie & Sons, Inc., agreed to pay a $15,000 administrative penalty, with an additional penalty of $15,000 suspended, pending compliance with the ACOP.

11/7/05: MassDEP entered into an ACOP with Martin J. Shapiro for violations related to conducting an IRA and reporting deadlines for a spill in Clinton. The underlying issues have been resolved and Mr. Shapiro will pay a $2,580 penalty.

11/7/05: MassDEP entered into an ACOP with Micron Plastics, Inc of Ayer. During an inspection MassDEP staff noted violations of several requirements concerning the storage of hazardous waste oil. The Company will pay a $3,000 penalty.

11/7/95: MassDEP entered into an ACOP with Federal Express for failure to notify within the required 2 hour notification time for a fuel release from a delivery truck in Acton. In addition to paying a $3,000 cash penalty, Fed Ex is funding a mock fuel spill response exercise with the Town of Acton to aid emergency responders.

11/7/05: MassDEP entered into an ACOP with Grafton Agway, Inc for failing to meet MCP deadlines. he Company failed to Tier Classify or submit an RAO within one for a release of hazardous materials related to a fire at the facility. The Company will submit an RAO and pay a $2,500 penalty.

11/4/05: MassDEP issued a UAO to Waste Management of Massachusetts (WMI) requiring certain mitigation measures to address the fugitive emissions of landfill gas from the Cottage Street Landfill in Springfield, as well as providing for the cessation of shaping and grading activities.

11/3/05: MassDEP entered into an administrative consent order with Mt. Holyoke College in South Hadley to address RES exceedences in 2004 related to fuel use and NOx emissions. The College has subsequently submitted and received approval for a new RES. Mt. Holyoke College will pay a $1,000 administrative penalty, and, as an SEP, donate $4,750 to the Pioneer Valley Planning Commission Vehicle Retirement program.

11/3/05: MassDEP issued a $3,000 Demand for Suspended Penalties to the Connecticut Valley Sanitary Waste Disposal, Inc. (CVSWD) to address repeat violations of the State Solid Waste Management Regulations at their Chicopee landfill facility. The penalty is a result of offsite odors generated by the landfill operation on August 19, 2005. Previous to the violation, MassDEP and CVSWD entered into an ACOP in which CVSWD agreed to pay a fine of $6,000, with an additional $22,740 suspended provided the landfill did not generate any additional offsite trash odors. Subsequent to the execution of the Consent Order, MassDEP responded to a number of odor complaints from an adjacent nursing home and, on August 19, 2005, verified offsite trash odors.

11/3/05: MassDEP reached agreement on an ACOP with the Lynn Water & Sewer Commission. The action was taken in response to the Commission's poor and inefficient public notification and reporting program following a sewer collapse and overflow event in August. This collapse affected the Saugus River and downstream public beaches. The Order requires the Commission to put in place real-time reporting of any sewer overflow events, and immediate notification to the agencies and resources managers, as well as assistance to mitigate the impacts of any future sewer overflows. The Commission is presently implementing a $135 million plan to address their combined sewer overflows.

11/2/05: MassDEP entered into a consent agreement with Adgreene Co of Dorchester, which is a licensed asbestos removal contractor in the Commonwealth. Inspections by DEP enforcement personnel revealed violations at multiple asbestos sites including the Quigley Hospital (Chelsea Soldiers Home) in Chelsea. Adgreene was fined $19,625. Adgreene will pay $8,000 and $11,625 will be suspended for one year assuming compliance with the ACO.

October 2005

10/31/05: This wetlands case involves activities performed on the equipment yard of Nardone Contracting Corp., 84 New Salem Street, Wakefield, without authorization, that resulted in filling of flood plain, Bordering Vegetated Wetlands (BVW) and redirection of stormwater on to abutting commercial property. MassDEP became involved as the result of a complaint by the abutter. The final settlement includes both Nardone and the abutter agreeing to a design and construction of a stormwater management system, restoration of BVW, site management techniques to protect the wetlands, and, a penalty of $21,000 with $11,000 suspended if the site is in full compliance by 12-31-06.

10/31/05: MassDEP entered into an administrative consent order with the James Austin Company to address hazardous waste storage violations at its Ludlow facility. The violations were discovered during a June 22, 2005 MassDEP inspection of the Company facility at 203 West Avenue in Ludlow. The Company had stored its hazardous waste beyond the time allowed by the Massachusetts Hazardous Waste Regulations. The Company, headquartered in Mars, Pennsylvania, took immediate action to ship off the waste and has agreed to take corrective actions in order to ensure that its wastes are stored according to the appropriate timelines. In addition to a $3,500 penalty, an additional $3,500 was suspended pending the Company compliance with the consent order.

10/27/05: MassDEP executed an ACO for a landfill closure project with Northbridge Redevelopment Corporation. The ACO will cover the closing, in accordance with MassDEP standards, a privately owned site that was previously used as a municipal landfill site on Church Street.

10/27/05: MassDEP executed an ACOP with Worcester Sand and Gravel Company, Inc. of Shrewsbury for violating Air Pollution Control, Hazardous Waste, and Industrial Wastewater Regulations. During the inspection, prompted by dust complaints and discussions with the Shrewsbury Board of Health, the company was found to be causing a condition of air pollution (dust) from its raw material handling, processing and yard operations. In addition, the company had violated five other requirements associated with the proper management of waste oil containers. In the ACOP the company agreed to pay a $12,500 penalty, agreed to use a mobile sweeper to manage dust from truck traffic, to utilize water sprays to manage dust from rock crushing operations and to apply for an air quality plan approval for their entire operation. The company shall also comply with applicable hazardous waste regulations, and will stop the unpermitted wastewater discharge to the ground from power washing of their vehicles.

10/27/05: MassDEP issued a UAO to Massachusetts Electric Company due to violations of the asbestos notification provisions and hazardous waste regulations at Mass Electrics 170 Medford Street, Malden facility.

10/27/05: MassDEP issued an Administrative Consent Order with Penalty to Forest Hills Cemetery, 95 Forest Hills Avenue, Boston. Included in the Order were violations of the Massachusetts Air Quality and Hazardous Waste regulations. Forest Hills Cemetery shall pay to the Commonwealth a civil administrative penalty of $1,625. This Order is one of several that came about as a result of the Bureau's crematory inspection initiative.

10/26/05: An Administrative Consent Order with Penalty (ACOP) with Northern Sealcoating & Paving, Inc. was executed on October 26, 2005. Northern Sealcoating operates a sealcoating and paving business located at a facility in Dennisport. MassDEP was informed of alleged wetland violations from the Massachusetts Environmental Police working in cooperation with the Dennis Conservation Commission. MassDEP inspected the referenced facility and observed that approximately 27,775 square feet of a red maple swamp (Bordering Vegetated Wetlands) had been altered without a permit from the Dennis Conservation Commission. A number of hazardous waste management and solid waste violations were also observed. As a result of the settlement, Northern will fully restore the red maple swamp where altered and correct the hazardous waste management and solid waste violations and pay a civil administrative penalty. The penalty was $29,950, of which $12,000 will be paid and $17,950 suspended as long as Northern fully and timely complies with all of the terms and conditions of the Consent Order.

10/25/05: MassDEP entered into an ACOP with Robert Belli, Bonney and Edgewater streets, Fairhaven, for violations of the SOC and the Wetlands Protection Act. The ACOP requires: immediate removal of unauthorized fill from Land Subject to Coastal Storm Flowage (LSCSF); immediate construction of BVW replication and restoration areas; immediate cease and desist of dewatering activities; and, the party to file and obtain an Amended SOC for the unauthorized foundation, redesigned driveway and access to the house. The total penalty amount of $6,000 is to be made in 12 equal monthly installment payments of $500. The ACOP contains provisions for Stipulated Penalties.

10/24/05: MassDEP executed an Administrative Consent Order with Penalty with St. Hillarie Service Station, Inc., owner of the 1682-1700 Middlesex St., Lowell site, for failure to comply with waste site cleanup regulations. Specifically, a Phase III Report, Phase IV Report and Response Action Outcome Statement were not filed by the deadlines set in an 10/4/2004 Notice of Noncompliance (NON) or a 1/11/2005 Amended NON. The Order established a compliance schedule for completion of necessary response actions and payment of a $7,500 penalty. MassDEP agreed to suspend $22,500 of the penalty provided all terms of the Order are met.

10/24/05: MassDEP entered into an Administrative Consent Order with Penalty with Legere, Inc. dba Speedee Oil Change & Tune Up, in Attleboro. Legere Inc. is an oil change/auto repair facility located in Attleboro. DEP personnel conducted a site inspection on August 23, 2005 and identified violations of the state hazardous waste regulations. The Order requires Legere, Inc. comply with the hazardous waste regulations for the proper management of oil and hazardous waste. Legere, Inc. will pay a $690 penalty for the violations.

10/21/05: MassDEP issued a UAO to 300 Turnpike Road Realty Partners, LLC, which owns and operates a retail complex known as Yankee Village, which is located in Rowley. Yankee Village, an unapproved/unregistered public water supply system (PWS), agreed in late 2003 to abandon their unapproved public water supply well and connect their facility Yankee Village to the Town of Rowley's PWS. Most of the work in connecting Yankee Village to Rowley's PWS was completed in July 2004. DEP recently learned that Yankee Village never finished the connection and presently they are still on well water. The UAO, dated October 21, 2005, requires the connection to Rowley's PWS to be completed in 14 days and the well abandoned as a source of public water supply. 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.

10/21/05: MassDEP executed an ACOP against Johnson Woods Realty Corporation for construction of a sewer connection off West Street in Reading without a required sewer permit. A MassDEP engineer while conducting a field visit at an abutting property observed that the proposed development of Johnson Woods and its related sewers had been constructed, although MassDEP had not yet issued a permit. The ACOP requires the payment of a $6,500 penalty in addition to Johnson Woods arranging for Infiltration/Inflow (I/I) mitigation with the Town of Reading. The I/I mitigation will cost Johnson Woods in excess of $600,000. This ACOP is a follow-up to a UAO issued against Johnson Woods requiring that Johnson Woods cease all further construction and/or connection of sewers until the permit was granted. The sewer connection permit was issued concurrently with the ACOP execution.

10/20/05: MassDEP Wetlands Program assessed a (PAN) of $14,300 to Trustees of the Papoulias Family Trust (Anthony and Nicholas Papoulias) for violations of the Wetlands Protections Act at 17 Mudnock Road in Salisbury. The violations included alterations to Bordering Vegetated Wetland, designated as a Rare Species Habitat, and work in the Buffer Zone without filing for or receiving proper authorization. This penalty is issued for work subject to a Unilateral Administrative Order (UAO) the DEP issued on October 6, 2005. This recent PAN and UAO are also subsequent to DEP having issued both a UAO and PAN in October of 2003 to the same Respondents for unauthorized work in the same area. 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.

10/20/05: MassDEP entered into an administrative consent order with Jim Galusha Contracting, Inc. of Williamstown to address asbestos handling violations at a Williamstown demolition site. The violations were discovered by an inspector from the Pittsfield office of the Massachusetts DOS. The inspector notified MassDEP that he had observed Galusha Contracting demolishing a house on New Ashford Road in Williamstown. The DOS inspector issued a Cease & Desist Order at the time of his inspection. A review of MassDEP records combined with a follow-up inspection by MassDEP revealed that asbestos had not been removed from the house prior to the demolition operation and was now co-mingled with the demolished house. After developing a work plan that included air monitoring by a licensed consultant to ensure that no asbestos emissions would be released to the ambient air, Galusha Contracting, along with its asbestos sub-contractor, was allowed to complete the demolition. The site remained covered by tarps until the clean up was completed and the demolished house, in its entirety, was disposed of as asbestos waste. In addition to paying a $4,500 penalty, $20,900 was suspended pending the Company compliance with the consent order and the asbestos handling regulations.

10/20/05: MassDEP executed an Administrative Consent Order & Penalty (ACOP) with Gaeta Automotive Services of Peabody, for MCP violations. Specifically, for failure to achieve a Response Action Outcome (RAO) or a Remedy Operation Status (ROS) by a deadline established in an ACO executed on April 14, 2003. The ACOP sets the expiration date of a recent Tier I Permit Extension as the RAO/ROS deadline. Gaeta Automotive Services will pay $10,000 penalty, with $20,000 suspended and payable if the ACOP deadlines are not met.

10/19/05: MassDEP entered into an administrative consent order with Tony Saville, Sr., a plumbing and heating contractor from West Springfield to address violations of the asbestos regulations at a residential rental property on Bernard Street in Springfield. In October of 2003, the MassDEP received a complaint from a tenant of the Bernard Street property. Upon investigation, MassDEP discovered that another heating contractor had notified the property owner that asbestos was on the old boiler at the property and needed to be removed before a new boiler could be installed. Instead, the owners hired Mr. Saville, who is not a licensed asbestos contractor, to install the new boiler. Mr. Saville will pay a $4,000 penalty. An additional $36,000 will be suspended if Mr. Saville and/or his employees do not violate the consent order or the asbestos regulations within two years.

10/19/05: MassDEP entered into an administrative consent order with the Laguercia Family Trust to address violations of the asbestos regulations at a residential rental property in Springfield and for hazardous waste violations at a commercial property in West Springfield. In October of 2003, the MassDEP discovered that a heating contractor had notified the Trust that asbestos was on an old boiler at the residential property and needed to be removed before a new boiler could be installed. Instead, the Trust hired an unlicensed asbestos contractor to install a new boiler. At the West Springfield commercial property the Trust committed additional violations by hiring an unlicensed hazardous waste transporter to remove a mixture of septage sludge and waste oil from a septic tank. Instead of hiring a licensed hazardous waste transporter, the Trustees hired a local septage hauler to remove and transport the sludge. Subsequently, the Trustees hired a licensed hazardous waste transporter to pump out the hazardous waste from the septage tanker truck for disposal at an approved facility. In July of 2005, the septage hauler was penalized $27,590 for violations of the State hazardous waste regulations. For the asbestos and the hazardous waste violations, the Laguercia Family Trust will pay a $15,000 penalty with an additional $30,000 penalty suspended for one year pending compliance.

10/19/05: MassDEP entered into an Administrative Consent Order with Penalty with Val's Auto Sales of Westport. Val's Auto Sales repairs wrecked autos for resale. DEP personnel conducted a site inspection on July 27, 2005 and identified violations of the state hazardous waste regulations. The Order requires compliance with the hazardous waste regulations for the proper management of oil and hazardous waste. The Order also requires compliance with air quality regulations for the appropriate recordkeeping for the spray paint room operation. Val's Auto Sales will pay a $300 penalty for the violations.

10/18/05: MassDEP Wastewater Program executed an Administrative Consent Order (ACO) with the Town of Bolton. The Consent Order establishes an enforceable schedule under which the Town shall bring into compliance the subsurface disposal system serving the Town Emerson and Florence Sawyer schools. Under the terms of the ACO, the Town shall by April 1, 2008 phase out the existing Title 5 septic systems serving the schools and connect to a new municipal wastewater treatment facility to be operated under a groundwater discharge permit.

10/18/05: MassDEP entered into an ACO with the Seven Hills Foundation to establish new deadlines for ongoing clean up activities at the School.

10/18/05: MassDEP Wastewater Program executed an Administrative Consent Order with Penalty (ACOP) with the Town of Grafton related to NPDES permit violations at the Town wastewater treatment facility. On May 8, 2005, the Town released an estimated 300 gallons of No.2 heating oil into its municipal sewer system which resulted in interference of the treatment process and pass through of partially treated wastewater to the Blackstone River. Under the terms of the ACOP, the Town shall inspect its oil spill prevention control systems and correct any deficiencies found. The Town shall also submit a response plan to notify downstream communities in the event of a future event. The Town shall also pay a civil administrative penalty of $5,400 for this violation, of which $ 2,900 may be suspended upon satisfactory compliance with the ACOP.

10/18/05: MassDEP entered into an administrative consent order with the Banas Sand and Gravel Company Inc. of Ludlow to address air pollution, hazardous waste, and industrial wastewater violations. The violations, discovered during a MassDEP inspection conducted on July 27, 2004, included discharging concrete wash water onto the ground without a groundwater permit, constructing a new cement plant without an Air Quality approval, failure to post signs and labels on waste oil containers, and failure to register with MassDEP for waste oil generation and a waste oil space heater. In addition to paying a $5,750 penalty, the Company has agreed to correct the violations and to remain in compliance. An additional $7,575 was suspended pending Company compliance for one year.

10/14/05: Fleet Environmental and MassDEP entered into an ACOP. Fleet Environmental agreed to pay an administrative penalty of $6,000 plus an additional $10,050, which will be suspended for 2 years if the conditions of the ACO are met. The total penalty is $16,050 and was assessed for violations observed by MassDEP inspectors during routine inspection of asbestos removal operations at the US Army Laboratory, One Fourth Avenue, Natick.

10/14/05: This matter is a violation of the Wetland Protection Act by M & J Realty Trust, 2050 Main Street in Walpole, involving 1000 square feet of fill in a Bordering Vegetated Wetland that is a Restricted Wetland and Buffer Zone for the expansion of a parking lot. MassDEP initially discovered the violation using aerial photography. The enforcement agreement incorporates removal of fill, restoration of wetland, and, a paid penalty of $5,000 with an additional $1,500 suspended if full compliance is reached by May 1, 2006.

10/14/05: MassDEP executed an Administrative Consent Order with Penalty with Fred Super Service, Inc., owner of 324 Main Street in Wilmington for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on October 22, 2003. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by March 31, 2007. In addition, Fred Super Service, Inc. agreed to pay a $10,000 administrative penalty, with an additional penalty of $20,000 suspended penalty, pending compliance with the ACOP.

10/14/05: MassDEP entered into a Consent Order with a $20,000 Penalty for Waste Site Cleanup violations with the Roman Catholic Archbishop of Boston, relative to the St. Joseph School, 77 Salem Street, Malden. An audit performed by MassDEP revealed deficiencies in the Response Action Outcome (RAO) and Activity and Use Limitation (AUL) submitted by the school. On February 26, 2004, MassDEP issued a Notice of Audit Findings (NOAF)/Notice of Noncompliance (NON) citing 16 deficiencies in the RAO/AUL. The school failed to take the actions required by the NOAF/NON, resulting in MassDEP initiating higher-level enforcement actions in August 2005. This Consent Order establishes deadlines for terminating the AUL and submitting a new RAO and, if applicable, implementing a new AUL. MassDEP agreed to suspend $15,000 of the penalty pending compliance with this Order.

10/14/05: MassDEP executed an Administrative Consent Order, including a $20,000 penalty, with Technically, Inc. of Woburn, after a multi-media inspection revealed: the company failed to notify MassDEP of its Hazardous Waste/Waste Oil activity, failed to retain several hazardous waste manifests, failed to post emergency phone information, failed to properly label a waste oil container, and failed to conduct weekly inspections.

10/14/05: MassDEP entered into an Administrative Consent Order and $3,450 Penalty with ITW Devcon/Plexus, Endicott Street, Danvers, regarding self-reported exceedances of emissions limitations at its Endicott Street facility in Danvers. MassDEP has suspended the penalty, provided that the facility complies with the ACOP by meeting existing emission limitations and by installing a regenerative thermal oxidizer to mitigate air emissions from proposed new emission units as well as the existing noncompliant emission units at the Danvers facility.

10/13/05: MassDEP entered into an administrative consent order with the Pliant Corporation of South Deerfield to address an air quality violation at the facility 10 Greenfield Road location. The violation, failure to operate equipment as previously approved in a MassDEP permit, was discovered as the result of a facility inspection on June 22, 2005. Pliant Corporation initiated the corrective action necessary to return to compliance immediately after the MassDEP inspection. In addition to paying a $1,500 penalty, Pliant Corporation has agreed to operate its facility in accordance with its approval. An additional $4,250 will be suspended providing that Pliant Corporation complies with the terms of the settlement.

10/13/05: MassDEP entered into an administrative consent order with O Connell Oil Associates, Inc. of Northampton to address hazardous waste management, industrial wastewater, and water pollution control violations. The violations were discovered during a MassDEP inspection of the Company Northampton facility on February 15, 2005. The inspection revealed that the facility industrial wastewater, which was being collected in an oil/water separator, was being discharged to the Mill River. In addition, the Company was discharging truck and vehicle wash water onto the ground. The hazardous waste management violations included open containers, missing signs and labels on drums, not having an impervious surface for the storage of waste containers outside, and the improper operation of 2 waste oil space heaters. The settlement agreement contains requirements for the Company to return to compliance as well as a penalty of $15,000. An additional $7,225 will be suspended providing that the Company complies with the terms of the settlement.

10/11/05: Worcester Air Conditioning Co., Inc and the MassDEP entered into an ACOP whereby Worcester Air Conditioning agreed to pay an administrative penalty of $6,500 plus an additional $12,812 which will be suspended for one year if the conditions of the ACO are met. The total penalty is $19,312, which was assessed for violations of the asbestos regulations observed by MassDEP personnel for work done at the New England, 501 Boylston Street, Boston.

10/11/05: MassDEP executed an ACO with Southeastern Regional Vocational School District, in Easton for failure to obtain a MassDEP Groundwater Discharge Permit for sewage flows greater than 10,000 gallons per day (actually 13,000 gpd). The ACO requires the school to establish an enterprise account to be used for permitting and construction of a wastewater treatment facility (WWTF). The ACO also requires monitoring of the existing septic systems until such time as the new WWTF is operational. Failure to meet milestone compliance dates will lead to stipulated penalties.

10/7/05: MassDEP executed an Administrative Consent Order and Penalty with Callender Realty Trust, 7-15 Callender Street in Roxbury for waste site cleanup violations. Specifically, for failure to submit IRA Status Reports, Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on December, 2004. New deadlines were set in the ACOP to return to compliance with timelines for the submittal of an IRA Status or Completion Statement, Phase Reports and an RAO. Callender Realty Trust will pay $10,000 penalty with $15,000 suspended if the submittal deadlines establish in the ACOP are not met.

10/7/05: MassDEP entered an Administrative Consent Order with John Conroy of 146 Haverhill Street, Dracut for the unpermitted fill of over 5,000 square feet of Bordering Vegetated Wetlands. Under the agreement Mr. Conroy will remove all of the fill and restore the Wetlands. A fine of $500 was levied under DEP's Homeowner Policy.

10/7/05: An ACOP was negotiated with Obsession Boat Sales + Marine Supplies, Inc., 366 Menauhant Road, East Falmouth. As part of DEP marina initiative, a hazardous waste inspection was conducted at the East Falmouth site identified several hazardous waste violations and revealed that the facility had not registered as a generator of hazardous waste. A penalty of $1,000 was assessed for the hazardous waste violations along with $1,050 for two years of past due Small Quantity Generator compliance fees.

10/7/05: In July 2003, an environmental assessment determined that soil and groundwater at Charlie Service and Towing, 563 South Washington Street, North Attleboro had been impacted by a release of oil. In December 2004, DEP issued an NON to Charlie Service and Towing for failing to conduct response actions at the site in a timely manner and set a 30-day return to compliance deadline. On October 7, 2005, DEP issued a Unilateral Order and a Penalty Assessment Notice for $30,000 to the PRP for not complying with the NON). 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.

10/6/05: MassDEP executed an ACOP with Citizen's Bank of Massachusetts, owner of 631 Mt. Auburn Street in Watertown, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on September 14, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by July 1, 2007. In addition, Citizens Bank of Massachusetts agreed to pay a $15,000 administrative penalty, with an additional penalty of $16,000 suspended, pending compliance with the ACOP.

10/6/05: MassDEP issued a Unilateral Consent Order to the Papoulias Family Trust, 17 Mudnock Road, Salisbury, for violations of performing work and altering the buffer zone and jurisdictional resource area at the Property, without filing a Notice of Intent. 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.

0/6/05: MassDEP issued a Unilateral Consent Order to the LEETCO Realty Trust, 34 Bridge Street, Salisbury, for altering a buffer zone and a jurisdictional resource area at 34 Bridge Street in Salisbury, without filing a Notice of Intent.

10/4/05: In 1987, an environmental assessment of the Quaker Fabric property, 941 Grinnell Street, Fall River, indicated that soil and groundwater had become impacted by petroleum hydrocarbons. An NON was issued to the property owner in May 2005 for failing to address the contamination issues at the site in a timely manner. The property owner's LSP contacted DEP and requested additional time to complete response actions. As a result, DEP has negotiated an ACO with the property owner that establishes new deadlines for the completion of response actions at the site. The ACO includes stipulated penalties, should the property owner fail to perform as required.

10/4/05: MassDEP entered into an administrative consent order with Smith College of Northampton to address stack test failures of the facility's boilers. The consent order requires that the college make the appropriate adjustments to the boilers and conduct another stack test to verify compliance. Smith College will also pay a $1,000 administrative penalty, and, as an SEP, donate $4,750 to the Pioneer Valley Planning Commission Vehicle Retirement program.

September 2005

9/30/05: MassDEP executed an Administrative Consent Order (ACO) with VLW Realty Trust, owner of 2472-2484 Massachusetts Avenue in Cambridge, for waste site cleanup violations. Specifically, for failure to submit Status Reports, Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by MassDEP on July 21, 2005. New deadlines were set in the ACO to return to compliance with the submittal of an IRA Status or Completion Statement, a RAM Status or Completion Statement and an RAO. In addition, the VLW Realty Trust agreed to pay a $1,000/ day in stipulated penalties if the submittal deadlines establish in the ACO are not met.

9/30/05: MassDEP issued a Unilateral Administrative Order (UAO) to Boston Bluestone Corporation of Stoughton for the un-permitted industrial wastewater discharge from an industrial wet saw cutting operation resulting in the runoff of sediments into the 100-foot Buffer Zone to a wetland resource area located behind the facility. The Order requires Boston Bluestone to cease and desist from any unauthorized discharges affecting the water of the Commonwealth. Additional MassDEP actions will address the cleanup of the sediments.

9/30/05: MassDEP entered into a Consent Order with Allied Waste Systems for violations of the solid waste regulations at their solid waste transfer station located in Roxbury. These violations included transferring banned waste (white goods) for disposal; noncompliance with their waste ban plan, and failure to maintain the facility, specifically Allied Waste was not maintaining the perimeter security fence and bird wires. The Consent Order provides for a $5,000 administrative penalty. In addition to payment of the $5,000 cash penalty, the Consent Order provides that Allied Waste will conduct a SEP valued at $15,000. Allied Waste will through participation in the City of Boston's Shines Program and/or with local neighborhood groups in Roxbury provide support in the form of donations of equipment and manpower provide assistance in the cleanup of neighborhoods, including local lots in Roxbury.

9/30/05: An Administrative Consent Order with a Penalty (ACOP) was issued by MassDEP to Univar USA Inc. of Kirkland, Washington, owner of Robbins Manufacturing in Fall River. The ACOP includes a penalty of $17,250, which has been received by the DEP. On January 12, 2005, Univar USA Inc. failed to notify MassDEP of a 500 lb. anhydrous ammonia release. Univar USA, Inc. owns and maintains the equipment that failed, making them a PRP. The release occurred at Robbins Manufacturing in Fall River. Robbins has also signed an ACOP and agreed to a $17,250 penalty for which a payment schedule has been established.

9/30/05: MassDEP entered into a Consent Order with the MBTA for a failure to report a threat of a release of transmission fluid from an underground storage tank at the Quincy bus garage within the required timeframe. The Consent Order includes an administrative penalty of $9,315 and a Supplemental Environmental Project, which will upgrade leak detection equipment on several underground storage tanks at the MBTA's Cabot Yard bus fueling facility. A penalty amount of $4,315 was suspended, contingent on compliance with the terms of the Consent Order.

9/29/05: MassDEP entered into a consent order with TCP Communications, LLC, of Fournier Road, Conway, in connection with a violation of the Order of Conditions for a cell tower project. TPC commenced the project prior to recording the Order of Conditions, installing erosion and sediment controls and TPC crossed a stream, which crossing had not been permitted in the Order of Conditions. TCP will pay a civil administrative penalty in the amount of $1,440 and comply with the Order of Conditions.

9/29/05: MassDEP issued an order to Michael Cannizzaro of Southwick ordering him to stabilize the site where he had constructed a motorcycle track for his children. The work occurred in the Riverfront Area of Munn Brook at Mr. Cannizzaro farm and impacted approximately two acres of the farm.

9/29/05: MassDEP issued an Administrative Consent Order with Penalty to cover violations of the Air Quality and Hazardous Waste regulations at Harmony Grove Cemetery, 30 Grove St., Salem. Harmony Grove Cemetery shall pay to the Commonwealth a civil administrative penalty of $6,310. This penalty represents one of several HLE penalties that came as a direct result of the Crematory Inspection Initiative undertaken by MassDEP.

9/28/05: MassDEP executed an ACOP with A.J. Rousseau Realty Trust No. 2, owner of 3 School Street in Framingham, for waste site cleanup violations. The ACOP was specifically for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on May 26, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by September 28, 2006. In addition, A.J. Rousseau Realty Trust No. 2 agreed to pay a $15,000 administrative penalty, with an additional penalty of $15,000 suspended, pending compliance with the ACOP.

9/28/05: Michael Therieault was indicted criminally on three counts of violating the Clean Air Act. This case involves 40-50 bags of ACM waste being dumped in the rear of 90 Glenn Street in Lawrence. MassDEP personnel recovered the evidence from the dumped material. As a result of this evidence, the material was tracked back to its origin at 468 Canal St in Lawrence. Subsequent investigation/interviews by MassDEP revealed who performed the illegal removal and disposal.

9/27/05: An Administrative Consent Order and Penalty was entered into with Herb Chambers Honda of Seekonk for violations of the Massachusetts Hazardous Waste Regulations. A MassDEP multi-media inspection revealed that Herb Chambers Honda was registered as a Small Quantity Generator (SQG) of Waste Oil but was generating Large Quantity Generator (LQG) amounts of waste oil and therefore was Acting-out-of-Status. The ACOP ensures compliance with the Hazardous Waste requirements. Total penalty is $2,070.

9/27/05: An Administrative Consent Order and Penalty was entered into with Barry Rt. 18 Collision Center of New Bedford for violations of the Massachusetts Hazardous Waste Regulations. A MassDEP multi-media inspection revealed that Barry had failed to notify and register as a generator of Hazardous Waste (HW). In addition, Barry Rt. 18 Collision Center had failed to properly delineate accumulation area, label container(s) of hazardous waste and to maintain records of air emissions to verify plan approval exemption. The ACOP ensures compliance with the Hazardous Waste and Air requirements. Total penalty is $1,720.

9/27/05: MassDEP executed an ACOP with Dav-Tech Plating, Inc. of Marlborough for violating the Toxics Use Reduction Act and Hazardous Waste Regulations. During the inspection, it was determined that the company had failed to comply with numerous TURA documentation requirements and failed to file a Biennial Report for Hazardous Waste activity, failed to mark all areas where Hazardous Wastes are accumulated and failed to make adequate arrangements or agreements for spill response in case of a Hazardous Waste emergency. In the ACOP, the company agreed to comply with all applicable requirements and pay a $5,860 penalty.

9/27/05: MassDEP executed an Administrative Consent Order with Penalty (ACOP) with the City of Worcester regarding an April 17, 2005 release of approximately 1,300 gallons of heating oil from the city Vernon Hill School to the Blackstone River. Under the terms of this settlement, the city agrees to inspect municipal buildings for compliance with federal oil prevention regulations. The city also agreed to pay a $5,000 administrative penalty.

9/27/05: MassDEP entered into an ACOP with M&M Transport Services of Auburn. The ACOP addresses violations stemming from the company failure to notify of a spill of between 50-100 gallons of diesel fuel on the Massachusetts Turnpike in Auburn. The spill affected a water body near the town municipal wells. In addition to paying a $17,000 penalty, M&M will develop an appropriate contingency plan to address any future releases and shall publish educational materials on proper procedures for spill release notification.

9/26/05: MassDEP entered into an administrative consent order with Luis Tirado to address asbestos violations at his 2-family property at 43 Strong Street in Springfield. Mr. Tirado will pay a $2,000 penalty for failing to properly remove asbestos prior to replacing a boiler. On February 2, 2004, MassDEP received a complaint from tenants at the property alleging that work had not been performed properly when their boiler had been replaced. A MassDEP investigation tracked the contractor from a license plate on an unmarked van that appeared on a video taken by the tenants on the day that the work occurred. The contractor told MassDEP that he informed Mr. Tirado that the asbestos needed to be removed prior to boiler replacement. The contractor eventually bowed to Mr. Tirado plea for a new boiler and performed the asbestos work illegally. The contractor is the subject of a separate enforcement action with MassDEP. Mr. Tirado was required by the MassDEP to hire a licensed asbestos contractor to decontaminate the basement and test the air before anyone was allowed to re-enter. In addition to the $2,000 penalty, MassDEP suspended $6,700. The suspended penalty will be imposed upon Mr. Tirado if he violates the MassDEP asbestos regulations again within one year.

9/26/05: MassDEP entered into a consent order with Clark Excavating of Williamsburg, which provides for a penalty in the amount of $14,000 in connection with the construction of an access drive across Potash Brook in Williamsburg. Clark installed a culvert different from the one approved by the conservation commission. The site also had erosion problems. If Clark reinstalls the culvert and brings the site into compliance, MassDEP will suspend $7,000 of the penalty. The property owner had previously entered into a Settlement Agreement with the DEP.

9/26/05: MassDEP entered into a consent agreement with S & S Abatement LLC of Beverly. S&S failed to file an asbestos notification for work at 49 Wallis Street in Beverly. The total S & S penalty is $13,050, with $8,505 suspended for one-year contingent upon their performance under the Consent Agreement.

9/23/05: MassDEP entered into an ACOP with Dartmouth Power Associates, L.P. of Dartmouth for violations of the Massachusetts Air Pollution Control Regulations. Based on review of submitted reports and an air pollution control inspection, it was determined that Dartmouth Power had exceeded ammonia and carbon monoxide emission limits on multiple occasions. In addition, Dartmouth Power failed to maintain the continuous emission monitoring system and data acquisition system, and failed to report the violations within required time limits as required by their Operating Permit. The ACOP ensures compliance with the Air Pollution Control requirements. Total penalty is $26,600.

9/23/05: Superior Court Judge Frank Gaziano entered a judgment ordering Peabody Municipal Light Plant (PMLP) to pay a $200,000 penalty for violating MassDEP's NOx Allowance Program. This program aims to control nitrogen oxides emissions from large NOx emitters during the ozone season. By failing to file an emission control plan application for one of two turbines at the Peabody facility, they came into non-conformance. Fifty thousand dollars of the penalty is suspended, provided that PMLP institutes an Environmental Management System, performs an environmental audit of the facility by the Consent Judgment's second anniversary and otherwise complies with applicable environmental regulations over the next four years. BWP/NERO, BWP/Boston and OGC teamed together with the Attorney General's Office to resolve this significant noncompliance issue.

9/23/05: MassDEP Wetlands Program issued a Unilateral Administrative Order (UAO) to Town of Auburn DPW for alterations to wetlands and an intermittent beyond the scope of their Order of Conditions for culvert and easement maintenance. The UAO requires the Town to stabilize the area and to submit a restoration plan to MassDEP within 30 days.

9/22/05: MassDEP issued an Administrative Consent Order with Penalty to Woodlawn Cemetery in Everett to cover violations of the Massachusetts Air Quality and Hazardous Waste regulations. Woodlawn Cemetery shall pay to the Commonwealth a civil administrative penalty of $6,750. This penalty represents one of several HLE penalties that came as a direct result of the Crematory Inspection Initiative undertaken by the Bureau.

9/22/05: MassDEP executed an Administrative Consent Order with Penalty with the Town of Weymouth, owner of 111 Middle Street in Weymouth, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on June 16, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by July 19, 2006. In addition, the Town of Weymouth agreed to pay a $2,500 administrative penalty, with an additional penalty of $7,500 suspended, pending compliance with the ACOP.

9/22/05: Eurosweep Chimney Service of Brookline signed an ACO with the MassDEP. The ACO required the company to provide training as a SEP to other chimney sweep companies and individuals. The ACO was issued since the company had accidentally removed asbestos during repair of the exhaust ductwork at the home.

9/22/05: MassDEP issued a Notice of Noncompliance to C.T. Locke, the operator of the Stewart's Drop-Off Recycling Center, for failing to notify the Department and the Haverhill Board of Health prior to the commencement of recycling activities at the site and for not filing the required quarterly and annual reports.

9/21/05: MassDEP has issued an Order and documented a water emergency at the Berkshire School in Sheffield, a private residential school that DEP regulates as a Community Public Water System. The emergency resulted from severe degradation (sediment and color) in water quality making the School primary supply source unusable. The Order allows the temporary use of an emergency source.

9/21/05: MassDEP issued a demand for suspended penalties to LD Builders of Dalton in the amount of $10,000 following an inspection of the site that revealed the discharge of sediment to protected resource areas. The $10,000 represented the portion of the penalty previously suspended by MassDEP in a Settlement Agreement. LD Builders had previously paid $5,000 and performed a SEP.

9/21/05: AL Prime Energy Consultants are the owners of the gasoline service station located at 49 Central Street in East Bridgewater. Petroleum impacted soil and groundwater exist at the site. On July 1, 2005, MassDEP issued a Notice of Noncompliance to AL Prime for failing to undertake comprehensive response actions at the property and submit Phase Reports in accordance with the timeframes specified in the MCP and the Tier I Permit. AL Prime informed the Department they could not meet the deadlines in the NON. AL Prime entered into an Administrative Consent Order with MassDEP in order to negotiate new time lines for the completion of the assessment and remediation of the site.

9/21/05: PM Investment is the owner of the commercial property located at 121B Braley Road in East Freetown. A release of fuel oil has occurred at the property resulting in soil and groundwater impacts. In February 2005, MassDEP issued a Notice of Non-compliance (NON) to the PM Investment for failing to comply with the deadlines in the MCP and an interim deadline established in a March 2004 Notice of Responsibility. The owners did not comply with the Interim Deadline or the Department's NON. However, the owners in a July 2005 enforcement conference with MassDEP demonstrated the property had been assessed, but the report never generated. The ACOP negotiates a timeline for the submission of the outstanding report. Since the work had been completed, a penalty of $1,000 was included in the Order for failure to submit the required documentation.

9/20/05: MassDEP entered into a Consent Order with the GCR Landfill in Peabody for violations of the solid waste regulations, specifically for GCR's failure to repair erosion of the side slope of the landfill cap. The Consent Order provides for a $6,900 administrative penalty and for the repair of the cap. The administrative penalty consists of a cash penalty of $3,000 and a suspended penalty of $3,900 contingent on GCR complying with the conditions of the ACOP.

9/20/05: MassDEP issued an order to Nunes H.M. & Sons Construction, Inc. of East Longmeadow requiring that they cease and desist from discharging sediment (runoff and dewatering) to resource areas and to stabilize the site. A MassDEP inspection established that runoff from poor sedimentation controls and dewatering activities at this municipal sewer extension project has resulted in the discharge of sediments to protected resource areas.

9/13/05: MassDEP entered into an Administrative Consent Order and $17,250 penalty with the Massachusetts Department of Corrections concerning the installation and operation of an emergency generator at MCI-Norfolk without written MassDEP approval. In return for suspending the penalty, DOC agreed to purchase and combust only ultra-low sulfur diesel fuel oil as back-up fuel in all of its boilers at MCI-Norfolk; and agreed to audit and update an existing Environmental Management System and provide EMS training to all MCI-Norfolk employees.

9/12/05: MassDEP issued a PAN to Sterry Street Auto Sales, Inc., 947 Newport Ave., Attleboro, for $10,867.50 for failure to notify the Department and conduct response actions without approval. The spill was caused when a tractor-trailer was filling up with diesel fuel. A Sterry Street Auto employee set the notching mechanism on the handle to allow for hands-free dispensing. The nozzle was left unattended and while dispensing diesel fuel into a tractor-trailer the dispensing nozzle fell out and leaked diesel fuel on the ground.

9/9/05: MassDEP issued a UAO against BNE Realty and Development, LLC, of Ashburnham for violations of the Wetland Protection Act, including clearing land prior to the a Determination of Applicability or an Order of Conditions being received. The order requires BNE to cease and desist from further activity at the site.

9/9/05: MassDEP entered into a Consent Order with a $10,000 Penalty with the City of Lowell for failing to Tier Classify or RAO the site at 50 Arcand Drive within the one-year timeline provided by the MCP. The Order established a compliance schedule for completion of necessary response actions, including completion of an IRA. MassDEP agreed to suspend $5,000 of the penalty provided all terms of the Order are met.

9/8/05: David Rothstein of Great Barrington, the former owner of the Stagecoach Hill Inn, in Sheffield, pleaded guilty to violating the Massachusetts Clean Air Act for allegedly removing asbestos containing material in a manner, which caused or aided in air pollution. Rothstein pleaded guilty in Southern Berkshire District Court to two counts of violating the Massachusetts Clean Air Act as well as one count of violating the Labor and Industries Act. Judge James B. McElroy fined Rothstein $5,000. The charges result from Rothstein alleged removal of asbestos from the Stagecoach Hill Inn in Sheffield. On November 13, 2002, Rothstein directed an employee to remove asbestos pipe insulation from the basement of the Inn. The Inn was operational at the time and the Inn tavern was open for business. A tenant of the Inn contacted the DEP when he observed the employee ripping down asbestos without taking any protective measures. An investigation by the Environmental Crimes Strike Force revealed that the insulation removed from the basement of the Inn contained asbestos. When investigators spoke with the employee responsible for removing the asbestos, the employee informed them that he was never made aware that he was dealing with asbestos containing material. Additionally, the employee indicated that he was not provided the personal protective equipment that is required of asbestos abatement workers to protect them from exposure to asbestos fibers.

9/8/05: MassDEP has executed an Administrative Consent Order with the Narragansett Regional School District in Templeton, including a penalty of $1,500 for failing to investigate possible intrusion of gasoline vapors into the Narragansett Regional Middle and High School during the District cleanup of contamination from an underground storage tank. From 2001 through 2003 gasoline contamination in groundwater near the school building exceeded standards intended to be protective of indoor air. The District did not notify MassDEP of this condition and did not conduct assessment to determine if gasoline vapors had entered the school. In August of 2003, the District began operating a treatment system. In April 2005, in response to MassDEP's enforcement action, the District installed additional monitoring wells that demonstrated contamination had been successfully remediated below those levels posing a risk from vapor intrusion. The Consent Order requires completion of Response Action Outcome Statement by December 30, 2005.

9/6/05: MassDEP executed an agreement with D&G Suffriti Construction of Agawam to address demolition and asbestos violations at an Agawam commercial property. On May 25, 2004, MassDEP personnel observed a demolition operation at a commercial property located on Suffield Street and discovered a large boiler in the parking lot with remnants of asbestos insulation on the boiler and on the ground around the boiler. A review of records revealed that no demolition notification had been filed with the MassDEP. As part of the settlement agreement, and in lieu of a portion of the penalty, D&G Suffriti Construction will perform a Supplemental Environmental Project (SEP). The SEP consists of a letter to each building inspector in 101 western Massachusetts communities, describing the MassDEP notification process for construction and demolition operations, and a laminated sign to be posted in the building inspector office. Suffriti also agreed to pay a penalty of $4,500.

9/6/05: Mr. Henry Fusari of South Hadley agreed to pay a $1,000 penalty for failing to properly handle asbestos containing siding material at his Syrek Street, Chicopee rental property in June of 2004. On June 4, 2004, MassDEP personnel received an anonymous complaint claiming that asbestos siding had been removed, and was scattered around the front yard of the property. During an ensuing site visit, a MassDEP inspector observed siding, which had been removed from the front side of the house, broken into small pieces on the ground. Three torn plastic trash bags found in the front yard contained broken pieces of the siding. A review of records revealed that Mr. Fusari had not notified the MassDEP prior to removing asbestos material. Mr. Fusari, who cooperated with MassDEP during its investigation, subsequently retained the services of a licensed asbestos contractor to remove and dispose of the asbestos waste. MassDEP suspended an additional $11,000 pending compliance with the settlement agreement.

9/6/05: MassDEP entered into an Administrative Consent Order with Penalty with GDG Realty Trust on September 6, 2005. GDG Realty Trust is the owner of a property located in Abington, where a release of petroleum occurred in 1997 from activities stemming from the operation of an unlicensed junkyard at the property. GDG Realty Trust failed to conduct response actions to address the release and failed to comply with the deadlines for submittals. Based upon complaints, MassDEP personnel conducted a site inspection with local municipal officials on April 7, 2005. Violations of the solid waste regulations and the Massachusetts Contingency Plan (MCP) were identified. The Order establishes an aggressive schedule to conduct response actions, assess the site soil and groundwater, and remove and dispose of any solid waste present at the property after December 31, 2005. The GDG Realty Trust will pay a penalty of $2,500.

9/6/05: Robert S. Backlund of Short Street, Middleboro operated approximately 18 acres of cranberry bogs without a Water Management Act (WMA) permit. The bogs have been abandoned this year and the property is for sale. The main purpose of the ACOP is to clearly spell out to prospective buyers of the property their responsibilities under the WMA if the bogs are brought back into production.

9/2/05: MassDEP issued a UAO to Vladimir Andrusiv and Lilya Kazimir of Westfield requiring the application for a Chapter 91 License and a filing of a Notice of Intent for a dock installed on Pequot Pond, a Commonwealth Great Pond. The Order requires the owner to remove the dock if applications are not filed within 30 days. MassDEP and Conservation Commission must be notified prior to any removal and the removal done in a manner to minimize environmental impacts.

9/1/05: MassDEP issued a PAN and UAO to Handford General Contractors, Inc. of Springfield to address the burning of wood waste at its Springfield maintenance facility. Handford was fined $1,500 and ordered to discontinue the activity.

9/1/05: MassDEP issued a NON to the Town of Needham for noncompliance activities at it 1421 Central Avenue Transfer Station. During a routine inspection, it was noted that the Facility had accepted and processed wood waste, and that asphalt, brick and concrete had been crushed at the abutting Department of Public Works yard.

August 2005

8/31/05: MassDEP concluded an agreement to address Southampton failure to comply with permit and regulatory requirements. Southampton Water Commission began to use a replacement public water supply well prior to meeting specific conditions set by MassDEP, it failed to conduct routine water analyses required in the first year of a well use as a public water source and Southampton inaccurately reported this well use as another on routine reporting forms submitted to the Department. The DEP Order addresses public water source protection and reporting issues. The necessary water quality analyses were required in an earlier Unilateral Order. The ACOP included a penalty of $22,360, with all but $1,000 suspended.

8/31/05: MassDEP entered into an agreement with Whippernon LLC of Russell in connection with the construction of a residential subdivision without a Final Order of Conditions. Whippernon had obtained a Determination of Applicability and filed a Notice of Intent, however, impacts occurred to resource areas prior to the issuance of an Order of Conditions. The ACOP requires restoration of impacted resource areas, a delineation of the entire parcel, filing of a Notice of Intent for the entire project and a penalty in the amount of $6,500. Payment of $3,250 of that penalty will be suspended upon compliance with the requirements of the ACOP.

8/31/05: MassDEP entered into an ACO with Thomas Kaye of Williamsburg for violations of the Wetlands Protection Act due to failure to comply with the Order of Conditions relative to the crossing of Potash Brook for a driveway serving a single family home. The Consent Order provides for the restoration of the resource area and correction of the crossing. The ACO suspends the entire penalty in the amount of $17,016 provided the terms of the ACO are met. DEP is also taking action against the Contractor that performed the work in violation of the Order of Conditions.

8/30/05: MassDEP entered into an Administrative Consent Order with Penalty with ITE, LLC on August 30, 2005. ITE, LLC is a facility that maintains and services forklift trucks, located in Raynham. MassDEP personnel conducted a site inspection on June 14, 2005 and identified violations of the state hazardous waste regulations. The Order establishes an aggressive schedule for registering with the DEP with the new company name and the correct generator status, and the proper management of oil and hazardous waste. ITE, LLC will pay a $1,380 penalty for the violations.

8/30/05: MassDEP entered into an Administrative Consent Order with Penalty with Carl Colarusso Sr., CO-RI Company, Inc., and The Spark Street Realty Limited Partnership on August 30, 2005. CO-RI Company, Inc. installs and services heating, air conditioning and plumbing systems, and is located at the property owned by The Spark Street Realty Limited Partnership, in Brockton. Mr. Colarusso resides in Brockton, and is President of the company, and the agent for the Realty Limited Partnership. DEP personnel conducted a site inspection on June 7, 2005 and identified violations of the state hazardous waste regulations and the Massachusetts Contingency Plan (MCP). The Order establishes an aggressive schedule for registering with the DEP with the correct generator status, and the proper management of oil and hazardous waste. Immediate Response Actions were conducted to address the MCP violations. The Respondents will pay a total penalty of $2,070 for the violations.

8/30/05: MassDEP issued a Unilateral Order to Roger Farar to cease activity at the commercial structure at 582 Essex Street, Lawrence. DEP found a demolition/renovation project involving asbestos for which no notification had been submitted to DEP. Farar is now required to seal and post the site, hire a consultant for survey and submit a plan to DEP for review and approval. Complete cleanup is required within 90 days.

8/29/05: MassDEP executed an ACOP with Mr. Michael Farrow of West Springfield to address asbestos violations following a complaint investigation which revealed that Mr. Farrow had removed and damaged asbestos siding at 23 Morningside Terrace during a siding and renovation operation. MassDEP found asbestos transite siding on the ground around the property and in a roll-off dumpster at the residence. Mr. Farrow will pay a $900 penalty, with an additional $7,100 suspended for one year. Previously, MassDEP separately settled with the owner of this property.

8/26/05: O Connell Oil Assoc., owner of commercial property at 545 Merrill Road in Pittsfield, has agreed to submit a Phase IV Final Inspection Report, a Phase IV Completion Statement and RAO by December 30, 2005. O Connell has been performing response actions at the site but had failed to submit the documents by an established interim deadline of July 1, 2005.

8/26/05: MassDEP entered into an Administrative Consent Order and Penalty (ACOP) with LaBelle Chevrolet of Bridgewater for violations of the Hazardous Waste Regulations. A Multi-media inspection revealed the facility had not complied with the: change of ownership requirements, generator notification requirements, training requirements, manifest recordkeeping requirements, container management requirements, regulated recycling material permit notification requirements and emergency preparation and procedures. The ACOP ensures compliance with the Hazardous Waste Regulations. LaBelle agreed to pay $2,630.00 as a penalty.

8/25/05: Iron Horse Enterprise, Inc. owns and operates a trucking business at the121A Braley Road property in East Freetown. A release of oil occurred at the property in the 1980s. MassDEP determined that the owners of the site were not progressing at an appropriate pace with the assessment and cleanup of the property. In February 2005, the Department issued Iron Horse Enterprise, Inc., a Notice of Noncompliance (NON) for failing to comply with the deadlines in the MCP. Iron Horse did not comply with the Department NON. This ACOP negotiates timelines for the completion of assessment and remediation of the Site. It includes a penalty of $7,000 for failing to comply with Department NON.

8/25/05: As a result of exceedances for bacteria, the Meeting House, a senior community facility serving about 90 to 100 residents in Stow, was required to issue a boil order to all residents. The source of the problem appears to be the storage tank, and facility operators are taking steps to correct the problems.
8/24/05: MassDEP entered into a Consent Order with the Heritage Park Homeowners Cooperative Housing Corporation for the repair of the large (septic) soil absorption system (SAS) at the Heritage Trailer Park in Salisbury. The Order allows Salisbury community development office to release a $300,000 community development block grant to the Cooperative in order to repair the failed SAS. The Order also requires the Cooperative and the town to investigate the feasibility of extending the nearest sewer line (one mile away south on Route 1) to Heritage Park over the next five years.

8/23/05: MassDEP entered into a Consent Order with a $13,000 Penalty with North Shore Ice Co., 131 Spring St., Everett, relative to a release of several hundred pounds of anhydrous ammonia from ice-making equipment owned by the company. Initial cleanup efforts by company were not followed with the required Release Notification Form, Immediate Response Action (IRA) Plan or IRA Status Reports, and failed to properly Tier Classify. The Order establishes deadlines for response actions. DEP agreed to suspend $10,000 of the Penalty provided all terms of the Order are met.

8/22/05: MassDEP entered into an ACO with the Town of North Brookfield for violations of the Wetlands Protection Act related to work on King Road. The Order requires the Town to file Requests for Determination of Applicability for future projects that are subject to the WPA. The ACO suspends penalties (pending compliance) under the Department Municipal Policy (ENF-97-003).

8/22/05: MassDEP concluded an amendment to an ACO with the View Drive Community community Public Water Supply in Richmond to provide additional time for corrosion control installation, lead and copper sampling, and storage tank work.

8/17/05: MassDEP entered into an Administrative Consent Order with the Town of Hardwick for failing to meet 21E deadlines at 2011 Barre Road. The ACO establishes deadlines for submittals and suspends penalties (pending compliance) under the Department Municipal Policy (ENF-97-003).

8/17/05: MassDEP Water Supply Program entered into an Administrative Consent Order and $750 penalty with the Town of Templeton for their failure to complete testing of the Town public water supply for the presence of perchlorate. The ACOP outlines a schedule for perchlorate sampling of the four public water supply wells and submission of the results to the Department.

8/17/95: Bobker Realty Assoc., owner of commercial property at 321 Albany Street in Springfield, has agreed to pay a $5,000 penalty for failing to notify MassDEP of a release of fuel oil within 120 days of the date it had knowledge of the release. In October 2004, as part of a potential sale of the property, an underground storage tank was removed from the property and caused a release of #2 fuel oil. Bobker was required to notify MassDEP of the release on or before February 22, 2005 but did not notify MassDEP of the release until May 18, 2005, approximately three months after the date notification should have been provided.

8/17/05: MassDEP entered into a Consent Order with a $15,000 Penalty involving FCR, Inc. of Boston for Solid Waste violations. The violations included the outside storage of recyclables beneath Route 93 ramps in Charlestown, the storage of residuals outside of the facility, and failure to modify the Determination of Need (DON) to reflect modifications. The Order requires FCR to submit an application for a modification to the facility's DON that accurately reflects the facility's current operations and specifies limits on the volumes of recyclables and residuals to be managed at the facility pending Department action on the application. DEP agreed to suspend $5,000 of the Penalty pending compliance with all terms of the Order.

8/16/05: MassDEP issued a $1,000 PAN to David Powers of Springfield to address the discharge of heating oil to the ground of a residential property in Springfield. Mr. Powers, who was in the process of transferring ownership of the property, was responsible for the emptying of the contents of an abandoned oil tank into a hole in the ground. Mr. Powers accepted responsibility for the discharge and has completed the site remediation process. 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.

8/15/05: MassDEP entered into a Consent Order with a $38,800 Penalty involving Internap Services of 70 Innerbelt Rd., Somerville for Air Quality violations. Internap had installed and operated three emergency generators at the site prior to receipt of written approval. Internap agreed to pay a penalty of $38,800 and to pay $1155 for economic benefit gained by failing to pay past Air Quality compliance fees; and agreed to submit a Comprehensive Plan Application to MassDEP for the three existing emergency generators.

8/15/05: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Sweetheart Cup Co. in North Andover for Hazardous Waste violations. The company exceeded the time limits for accumulating hazardous waste, in effect operating not under its registered status as a large quantity generator of hazardous waste, but instead as a storage area of hazardous waste.

8/13/05: MassDEP entered into a Consent Order with a $10,000 Penalty involving the Town of Sudbury for Solid Waste and Waste Site Cleanup violations at the Sand Hill Landfill. The Town failed to notify DEP within the prescribed timeframes of the occurrence of methane at explosive levels in a manhole abutting the landfill. The Order settles the Town's appeal of a previously issued Penalty Assessment Notice that DEP issued for the violations. The town will complete the landfill gas assessment and submit a Corrective Action Design. In addition, the town agreed to perform a Supplemental Environmental Project with an estimated value of $35,000. The SEP involves the restoration of several Ponds in Sudbury, including the removal of solid waste.

8/12/05: MassDEP Boston at the request BWP NERO issued a Default Notice to Investors Bank and Trust Company, Boston, Mass. The Default Notice informs Investors Bank and Trust Co. that Amalgamated Transportation Inc. (ATI) has failed to complete the closure of the Glenview Sand and Gravel Landfill in Chelmsford. The notice also directs Investors Bank and Trust Company to draw on the full amount ($500,000) of the Surety Bond established by ATI for the closure and place the proceeds into the Standby Trust Account for use by MassDEP to complete the closure.

8/12/05: MassDEP issued a Unilateral Order to New Ventures LLC for violations of the air quality and solid waste regulations at the Crow Lane Landfill in Newburyport. The improper operation of the landfill gas extraction and treatment by New Ventures LLC at the Crow Lane Landfill resulted in the release of untreated landfill gas to residential areas from August 6th to 8th. The Order directs New Ventures to institute corrective measures and to submit, for MassDEP's review and approval: a revised ambient air monitoring plan to include the residential areas, a plan and schedule for installing pre-treatment for hydrogen sulfide to the landfill gas treatment system, and an application for a Comprehensive Plan Approval for the installation of a fully enclosed flare to replace the existing temporary skid-mounted flare. 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.

8/12/05: An agreement was executed by MassDEP with Morris Housen, one of the owners of the Usher Mill site in Erving. Mr. Housen failed to notify DEP in a timely manner of a release of hazardous materials detected in soil at the site (120-day notification condition). The Consent Order assesses a penalty of $4,000. A response action outcome has been submitted previously for the site.

8/12/05: MassDEP entered into an Amended Consent Order with the Pine Brook Country Club in Weston. The non-profit country club is seeking to amend its NPDES permit and increase its seasonal flow limit during the months of April to October. EPA approval is also necessary, and the consent order delineates the steps the club must take if EPA denies the request for increase flow.

8/11/05: MassDEP issued a $27,575 Penalty Assessment to Patriots Environmental Corp. of Worcester to address violations of the asbestos handling regulations during an asbestos removal operation at 230 Maple Street in Holyoke last year. The site is a former furniture store that was being renovated into a health care facility. The violations were discovered during a routine inspection on the last scheduled day of the removal operation. During the inspection of the site, DEP officials found that asbestos-containing material was containerized in woven grain sacks rather than the required leak tight containers. Water from the asbestos removal area was also observed to be leaking into the occupied part of the building where the general contractor and other individuals were performing renovations. Additionally, large holes were found in the polyethylene sheeting that was used to segregate the active asbestos removal work area. Asbestos pieces had leaked through the holes and were deposited on the floor beneath the holes. 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.

8/11/05: MassDEP issued a Unilateral Order to Lynn Water & Sewer for Surface Water Discharge violations involving a multi-million gallon discharge of untreated sewage on 7/21/05 until 7/24/05. The Commission did not provide immediate notification to state agencies, the nearby Port of Pines Beach Association, or municipalities potentially impacted causing potential exposure to beachgoers to water-borne illnesses. Today Order requires proper notification, sampling and testing for any future incidents. In addition, the Commission must provide detailed report on the incident as well as a list of contacts during business hours, and emergency contact numbers. Further enforcement is pending. 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.

8/10/05: MassDEP entered into a Consent Order with a $15,050 Penalty regarding Mohammed Bellal of Cambridge for Asbestos violations found during a Mass DEP inspection at 111 Glenway in Boston (Dorchester). Bellal was conducting work that involved asbestos at this multifamily residential unit without first having submitted the required notification. DEP also determined during an inspection in March 2004 that asbestos debris was scattered on the floor, a violation. DEP agreed to suspend $7,550 of the Penalty provided all terms of the Order are met.

8/10/05: MassDEP entered into a Consent Order with a $15,050 Penalty regarding Nazral Quadery of Stoneham for Asbestos violations found during a DEP inspection at 111 Glenway in Boston (Dorchester). Quadery owned the facility where asbestos removal at this multifamily residential unit was being conducted without first having submitted the required notification. DEP also determined during an inspection in March 2004 that asbestos debris was scattered on the floor, a violation. DEP agreed to suspend $7,550 of the Penalty provided all terms of the Order are met.

8/9/05: MassDEP executed an agreement with Connecticut Valley Sanitary Waste Disposal, Inc. to address odor violations at their Chicopee Landfill. The violations occurred during the month of July when the DEP received several nuisance odor complaints from an abutter of the landfill operation. DEP inspectors verified off-site odors attributable to the landfill on several of these occasions. The Consent Order requires that the Landfill take any and all measures necessary to eliminate and prevent off-site nuisance odors . In addition to a $6,000 penalty, the Consent Order also suspends an additional $22,740 provided that no further off-site nuisance conditions are observed.

8/9/05: MassDEP executed an agreement with Mercy Hospital in Springfield to address violations of its RES approval. In March and April of 2005, the hospital submitted reporting records that indicated approximately 10 exceedences for SO2 between 2001 and 2005. As part of the settlement agreement, Mercy will pay a penalty of $1,000, and contribute an additional $4,750 to the Pioneer Valley Planning Commission's vehicle retirement program.

8/9/05: MassDEP executed an agreement with the Berkshire Medical Center in Pittsfield to address hazardous waste violations (acting out of status). The facility has agreed to correct the violations, pay a $970 penalty and $1,575 in annual compliance fees.

8/9/05: MassDEP issued an ACOP to R.M. Lawton Cranberries, Inc. for building approximately 17.5 acres of cranberry bogs without a Water Management Act permit or registration in the Taunton River watershed off Plymouth Street in Middleboro. Lawton violated the WMA by exceeding the withdrawal threshold of 9.3 acres of new-style bog without permission. The ACOP requires Lawton to apply for a WMA permit within 90 days and pay a $2000 penalty; $13,000 is suspended.

8/8/05: MassDEP entered into a Consent Order with a $63,000 Penalty and a $125,000 Supplemental Environmental Project (SEP) for environmental violations at Aggregate Industries facilities in Waltham, Dorchester, Ashland, Saugus, Dennis, Stoughton, Swampscott, Wilmington and Shrewsbury. The violations range from Hazardous Waste Management to Industrial Wastewater to Air Quality. The SEP will require them to retrofit approximately 1/3 of their fleet of trucks with state of the art emission reduction equipment. In addition, MassDEP requires Aggregate to cease its sale of petroleum-contaminated soil, known as Legacy Product 745 for re-use in asphalt production while a determination is made on whether it is being adequately processed under the regulations. Also, Aggregate will update its Environmental Management Systems to adopt better maintenance and response procedures at all its facilities and take corrective steps to bring the facilities back into compliance.

8/8/05: MassDEP entered into a Consent Order with a $35,000 Penalty involving Modern Continental Construction Co. of Everett for violations in the management of Central Artery Project excavate. At MCC's Everett Yard, Modern Continental managed this material including Asbestos Containing Material in non-compliance with the Solid Waste and Air Quality regulations and Waste Site Cleanup regulations. The Order specifies the actions Modern Continental must take to manage and remove the material from the site.
8/8/05: MassDEP entered into Consent Order with a $30,000 Penalty involving Waste Management (WM) of Massachusetts for Solid Waste violations. WM violated waste ban provisions by transporting items such as tires, white goods etc. for disposal from its Somerville location to the Granby Landfill and other disposal site. Also, WM did not conduct the required number of comprehensive load inspections and did not maintain the required records. The Consent Order requires WM to implement corrective measures and submit a revised Operation and Maintenance Plan for review and approval by MassDEP. DEP agreed to suspend $10,000 of the Penalty contingent on WM complying with the provisions of the Consent Order. In addition, as a Supplemental Environmental Project (SEP) WM will provide training for solid waste haulers, facility personnel/operators on proper waste ban compliance with current and proposed Massachusetts Solid Waste Regulations. The training will be conducted at two locations on in the central/western area of the State and the second in the eastern/southeastern portion of the State. The SEP is valued at $20,000.

8/5/05: MassDEP issued a Stipulated Penalty Demand Letter for $750 to TLT Construction of Holden for violating the terms of a June ACOP involving the Wachusett Regional High School Construction site. TLT violated turbidity requirements associated with runoff leaving the construction site.

8/3/05: MassDEP issued a PAN in the amount of $11,500 to Burek Realty Trust of Southwick for the unpermitted upgrade of a sewage disposal system (a tight tank) without a construction permit and for performing the upgrade without an installer permit. In addition, the Department issued a UAO ordering the installation of the previously approved Title 5 compliant system for the property. The Department actions followed a request for assistance from the local Board of Health after the owner refused to install the approved system and subsequently repaired the existing tight tank by pouring 6 inches of concrete into the bottom of the tank.

8/3/05: An ACOP was issued by MassDEP to South Street Realty Trust, Richard & Barbara Duncan Trustees, for operating approximately 14 acres of cranberry bogs without a Water Management Act permit or registration in the Taunton River watershed off South Street in Hanson. The Trust violated the WMA by exceeding the withdrawal threshold of 9.3 acres of new-style bog without permission. The ACOP requires the Duncans to apply for a WMA permit within 90 days and pay a $500 penalty; $16,000 is suspended.

8/3/05: MassDEP entered into a Consent Order with a $2,000 Penalty involving the city of Gloucester for Wetlands violations at Wingarsheek Beach. The city failed to place boulders, fencing and signage around Coastal Dunes after MassDEP had issued an NON in September 2004 regarding the unauthorized access by vehicular traffic on the coastal beach. The city will take immediate steps to protect the coastal dune and submit a Beach Management Plan by April 2006.

8/2/05: MassDEP executed an Administrative Consent Order with a $30,000 Penalty with the Way Family Trust, owner of 565 Broad Street in Weymouth for Waste Site Cleanup violations. The Trust failed to achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 2/18/04. New deadlines were set in the Order that will return the site to compliance with the submittal of an RAO by 6/1/06. MassDEP agreed to suspend $15,000 of the Penalty pending compliance with the Order.

8/2/05: MassDEP executed an Administrative Consent Order with $10,000 Penalty with the City of Boston, owner of 115 Southampton Street in Boston for Waste Site Cleanup violations. As owner, the city failed to achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 10/22/03. New deadlines were set in the Order to return to compliance with the submittal of an RAO by 12/31/05. MassDEP agreed to suspend $7,500 of the Penalty pending compliance with the Order.

8/1/05: An ACOP was executed with Sanfors, Inc., dba M & M Cleaning and Restoration of Sturbridge for violations of asbestos regulations that occurred at a demolition/renovation project in Sturbridge. During an inspection, MassDEP personnel observed company personnel removing asbestos-containing materials (i.e., vinyl asbestos floor tiles) using mechanical chippers and without utilizing methods of capture and containment. The company failed to notify the Department of a demolition/renovation operation involving asbestos-containing material, failed to seal the work area, failed to use air cleaning to ensure no release of asbestos emissions, and failed to properly wet, seal, and label asbestos waste materials. The ACOP assesses a penalty of $21,137 with $20,137 suspended based on application of the Department Small Business Policy. In addition, the company has agreed to fund the publication of an Asbestos Awareness Notice to be published in the Journal of Light Construction, New England Division, for three months with an estimated total cost of $5,061.

8/1/05: MassDEP issued a PAN in the amount of $2,610 to Richard J. DeMyer, a Title 5 System Inspector for failing to report the results to the Local Board(s) of Health. In addition, Mr. DeMyer failed to comply with a NON-establishing a date by which the inspection reports were to be sent to MassDEP. MassDEP also issued a UAO requiring the submittal of the reports to the Department.

July 2005

7/29/05: MassDEP issued a $21,156 Penalty Assessment Notice to Peterson Oil Service Inc. for failing to remove several hundred yards of contaminated soil stockpiled for greater than 120 days at 450-490 Millbury Street in Worcester. Soil was excavated in February 2005. A Notice of Noncompliance was issued on 6/13/05, with 21 days to take action. On 7/22/05, Peterson initiated disposal of 10-20 tons of soil per day, but would not agree to expedite soil removal. 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.

7/29/05: MassDEP entered into a Consent Order with Joshua and Mariann Dinelle Waste Site Cleanup violations. The Dinelles failed to submit cleanup reports (either a Tier Classification or a Response Action Outcome) relative to a January 2002 release of fuel oil at a location in (Thorndike) Palmer. MassDEP issued Notices of Noncompliance to the Dinelles in July 2002 and again in May 2004. In both instances, responses were received, submitting the RNF and requesting extensions. Deadlines have now been established and stipulated penalties included if deadlines are missed.

7/29/05: MassDEP entered into a Consent Order with a $17,250 Penalty regarding Savage Services Corp. of Westfield for Hazardous Waste violations. On 10/20/04, a release of up to 100 gallons of waste oil and oily water occurred when a railroad tanker car was being filled from a truck. The hose leading from the truck to the railroad tanker became loose and spilled the waste onto the ground and into a storm drain at the adjacent property. Immediately after the release, Savage obtained the services of a contractor and cleaned up the spill. MassDEP's incident response personnel also responded on site following the spill. The Company has now agreed to institute added measures to prevent future releases. MassDEP agreed to suspend an additional $9,750 pending a one-year probationary compliance period.

7/29/05: MassDEP issued four (4) Penalty Assessment Notices to the following companies for Air Quality (vapor recovery) violations: River Street Gas, in Hyde Park; Metro Auto Service in Jamaica Plain, Hertz Corp in Burlington and Antoines Service in Peabody. The companies failed to submit a fully complete Stage II in-house compliance certification.

7/29/05: MassDEP issued a Notice of Response Action to Wonderland Cleaners in Revere, located at 876 Broadway. Wonderland is required to assess the site and investigate potential indoor air impacts to the on-site and nearby residences. Wonderland's initial response was considered inadequate to address site conditions. MassDEP is currently attempting to obtain an adequate assessment plan, but if an adequate assessment plan is not submitted by the deadline, BWSC will investigate the potential indoor air problem using state contractors and seek cost recovery in the future.

7/28/05: MassDEP executed a Consent Order with a $2,700 Penalty regarding Headwall Photonics of Fitchburg for Industrial Wastewater and Hazardous Waste violations. The company failed to have a certified wastewater treatment plant operator, failed to notify MassDEP of the company's Hazardous Waste/Waste Oil generation, failed to properly label its Hazardous Waste/Waste Oil containers, and failed to put a sign in its Hazardous Waste/Waste Oil accumulation area.

7/28/05: MassDEP issued a Unilateral Order and Notice of Noncompliance to Recycle Technology, LLC (RecTec) of Charlton. The company was operating a petroleum-contaminated soil recycling operation without a valid Class A, Level III Recycling Permit. On 4/6/05, RecTec was issued a Class A, Level III Recycling Permit contingent upon the 21-day appeal period. An abutter appealed the permit and the permit cannot be finalized until the appeal process is completed. Since the company proceeded to accept and process petroleum-contaminated soils after being notified that they could not, the UAO/NON was issued. 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.

7/28/05: MassDEP entered into a Consent Order with D'emco Enterprises, Inc., formerly known as George E. Keith Company, in Bridgewater due to Waste Site Cleanup violations. The company failed to complete response actions in a timely manner. D'emco had formally been issued a Notice Of Noncompliance (NON) on 1/20/05 for these violations. Today's Order establishes new deadlines for completion of work at the site and stipulated penalties for any future violations of these deadlines.

7/28/05: MassDEP executed a Consent Order with a $7,000 Penalty regarding Lincoln Woods/Raynham Investments in Raynham for failing to obtain the required sewer extension permit. The developer failed to obtain the proper permits prior to constructing sewers serving Lincoln Woods residential development.

7/28/05: MassDEP entered into a Consent Order with a $7,500 Penalty regarding Woods Hill Trust & Woods Hill LLC in Woburn for failing to obtain the required sewer extension permit. The Trust, which is in the process of selling the development to the LLC, constructed this sewer line prior to receiving approval. Woods Hill LLC is today being issued the permit; the LLC has paid the Penalty and demonstrated it has complied with Woburn's infiltration/inflow requirements (sewer bank), as required under a separate Consent Order the MassDEP has with the City of Woburn.

7/28/05: MassDEP issued a second Notice of Noncompliance within the last 12 months to the town of Wayland Water Department for total coliform bacteria. In addition to giving public notification, the town is now required to submit by 10/1/05 a report on the causes and proposed solutions. The town has had similar exceedences of total coliform bacteria in 2001, 2003, and twice in 2004.

7/27/05: MassDEP responded to a complaint and issued a stop-work order to a contractor working at the Chelsea Soldier's Home (aka Quigley Hospital) in Chelsea due to Air Quality (Asbestos) violations. The contractor, Ad Greene, hired by Division of Capital Asset & Management, was conducting improper removal and storage of asbestos. MassDEP also required that the contractor submit a plan to bring the site back into compliance for approval before additional work is done.

7/26/05: MassDEP entered into a Consent Order with a $12,420 Penalty involving, Brownell Boat Yard in Mattapoisett for Hazardous Waste, Air Quality and Industrial Wastewater violations. A multi-media inspection revealed: the company failed to notify as a waste oil generator, transferred waste oil to an unlicensed transporter, failed to operate a waste oil tank with adequate secondary containment on an impervious base, failed to post accumulation area signage, failed to determine if waste paint chips were hazardous, failed to refill the company boat refueling truck at a bulk fuel terminal and discharged boat bottom wash water toward a wetland without a permit. Today's Order ensures compliance with the requirements. Brownell and the MassDEP have agreed that the $9,315 of the Penalty will be suspended upon completion of a Supplemental Environmental Project (SEP) to install a closed-loop pressure washing system.

7/26/05: MassDEP entered into a Consent Order with a $31,000 Penalty regarding Holbrook Sportsmen's Club, Inc. for Wetlands violations. The club has agreed to restore wetlands disturbed during shooting range modifications conducted by club members. MassDEP agreed to suspend $30,000 of the Penalty if the Club initiates key aspects of their Environmental Stewardship Plan, including the installation of a shot barrier to prevent lead-shot from being deposited into wetlands and the recovery of this lead shot for recycling after the barrier is erected. Other range improvements include implementing EPA's Best Management Practices for Lead at Outdoor Shooting Ranges. The club also agreed to pursue obtaining a Conservation Restriction at the club to preserve some or all of the club land of approximately 200 acres as Open Space.

7/25/05: MassDEP executed a Consent Order with a $52,937 Penalty involving the city of Worcester for Air Quality (Asbestos) violations that occurred at the Jacob Hiatt Magnet School. During an inspection of the school's playground renovation, MassDEP personnel found that dry, friable asbestos-containing insulation was lying on the ground beneath exterior decommissioned steam pipes. The City failed to notify the Department of a demolition/renovation operation involving asbestos-containing material (insulation) at the Site, failed to use proper methods of capture and containment, and failed to properly wet, seal, label, and dispose of asbestos waste materials. MassDEP agreed to suspend $39,703 of the Penalty provided all terms of the Order are met and, that the City fund and host a series of 2-Hour Asbestos Awareness training programs for school employees to promote awareness and information regarding asbestos regulations. Massachusetts Division of Occupational Safety (DOS) will conduct the training by an accredited asbestos training provider. Class size will be set at a maximum of 35 students per session, with 10 sessions to be scheduled. The program will be offered to surrounding school districts within Worcester County, in addition to approximately 250 Worcester Public Schools employees.

7/25/05: MassDEP entered into a Consent Order with Salvatore Spinosa of 143 Franklin Street in Arlington. During an August, 2004 inspection of 143 Franklin Street, MassDEP discovered bags of dry asbestos. MassDEP agreed to suspend the entire Penalty and Spinosa agreed to comply with the asbestos regulations and complete the necessary steps at the residence.

7/22/05: MassDEP issued a Unilateral Order to Fast Lane Convenience Store located in Holbrook. The Store is required to cease operation of a water-vending machine at the 230 Union Street due to inadequate disinfection at a public water supply. The owner, Shiv Lillaney, is required to install ultra-violet disinfection and allow MassDEP to inspect prior to any resumption of service as a public water supplier. In addition, Lillaney is required to attend an enforcement conference with MassDEP.

7/21/05: MassDEP entered into a Consent Order with a $20,000 Penalty regarding Viking Oil of Winthrop for Waste Site Cleanup violations. Viking failed to report a release subject to 2-hour notification, failed to conduct Immediate Response Actions, illegal storage of hazardous waste, operating out of status, failing to properly manifest waste shipments, and several container management violations. Violations were discovered during investigations and inspections conducted by the Environmental Strike Force based on a referral from MassDEP's Northeast Regional Office. The release occurred in January 2005 during an oil delivery to a residence in Braintree. Viking's faulty delivery hose sprayed fuel oil onto the property and home itself. It came to the attention of MassDEP when the representative from the homeowner's insurance company reported the release two weeks later. Nearly 1,600 gallons of contaminated water (snow) was removed, and more than eight tons of contaminated soil.

7/21/05: MassDEP entered into a Consent Order with a $3,000 Penalty involving the town of Harvard for Drinking Water violations. The town operates a community public water system (located at 47 Depot Road in Harvard) where based on an inspection, MassDEP determined that the town failed to prepare and deliver to customers, their federally mandated Annual Consumer Confidence Report for calendar years 2003 and 2004. The Town also failed to submit an Annual Statistical Report to MA MassDEP for Calendar year 2003, it failed to conduct testing of backflow prevention devices in the PWS system, and it did not have the proper grade of certified operator for the system. The Town had also not provided documentation to MassDEP that monitoring for perchlorate in the PWS had been carried out.

7/21/05: MassDEP assessed a $7,760 Civil Administrative Penalty to the Town of Hopedale for Water Pollution Control violations occurring at the municipal waste water treatment facility on Mendon Street. Under the settlement MassDEP agreed to suspend $3,760 of this penalty providing the Town complies with the required actions. During a 3/27/05, inspection of the Town's facility MassDEP observed that the Town had failed to commence required seasonal phosphorus removal treatment by 3/1/05. Plant records indicated that the Town had exceeded permit limits for ammonia. The Town had also failed to correct staffing deficiencies at this facility, a violation noted in May 2003 by MassDEP in a previously issued Notice of Noncompliance.

7/20/05: MassDEP executed a Consent Order with a $14,370 Penalty involving the Town of Pembroke and Solid Waste violations at the transfer station, recycling center and composting operation. The facilities are located on top of the Pembroke's unlined/uncapped landfill located off Hobomock Street. The Order requires that the Town immediately implement measures to relocate these un-permitted operations to other areas of the site-assigned property that do not contain solid waste. The Order further requires that the Town pursue appropriate permits for the construction and establishment of a permanent solid waste management facility and complete the assessment of the landfill in preparation of appropriate capping plans including any post-closure uses at the landfill. The final disposition regarding the capping of the unlined landfill will be part of a subsequent, but separate, Order. Lastly, today's Order requires the Town perform a Supplemental Environmental Project (SEP) in the form of cleaning-up two municipally owned properties (Princes Way and Tubbs Meadow) that have been described as sites for the illegal depositing of solid waste. DEP agreed to suspend the entire Penalty.

7/20/05: MassDEP entered into a Consent Order with a $9,400 Penalty regarding Paul E. and Paul D. Gaudreau, former owners of 140 Commonwealth Avenue in North Attleboro. The Gaudreaus had knowledge of a reportable release of hazardous materials during a prospective buyer's pre-purchase assessment in 1998 and made no attempt to notify MassDEP of the release. MassDEP received notification from the current owner in 2005. The current owner is conducting (cleanup) response actions at the site.

7/18/05: MassDEP entered into a Consent Order with a $15,000 Penalty involving Iovanna Realty Trust/Pride Lincoln Mercury in Lynn for Waste Site Cleanup violations. Located at 777-793 Lynnway, this car dealership was found specifically to have made false statements in filing a Response Action Outcome (RAO) submitted to MassDEP. In addition to the Penalty the company agreed to correct the violations.

7/19/05: MassDEP entered into a Consent Order with a $23, 950 Penalty involving Pride Ford and Pride Dodge of North Attleboro for Hazardous Waste violations. Inspections by MassDEP revealed the facilities had not complied with the: generator notification requirements; timelines to ship wastes off-site; emergency preparation procedures; and, annual training and labeling requirements. Today's Order ensures the facilities will return to compliance and will retain an independent consulting firm to conduct a baseline environmental audit followed by a 6-month and a 12-month interval audit. The additional audits will help aid and guide the company in achieving and maintaining that compliance. DEP agreed to suspend $11,975 of the Penalty provided all terms of the Order are met.

7/19/05: MassDEP entered into a Consent Order with a $9,895 Penalty regarding the Carlisle Road Landfill in Bedford for Solid Waste violations. The Town of Bedford omitted the toe-drain required by the approved design plan from the landfill cap. The Order requires the Town to provide MassDEP with a plan and schedule for repairing the toe drain. MassDEP agreed to suspend $7,395 of the penalty contingent on the Town complying with the Order.

7/19/05: MassDEP issued a Unilateral Administrative Order to Kevin Kane (Aspinwall Trust) for installing a tight-tank at a residence 45 Damon Ave in Holbrook without a permit. Tight tanks are not allowed for new (residential) construction to serve as septic systems. Kane is required to remove the tight tank from service within 30 days.

7/19/05: MassDEP issued a Notice of Response Action to Somerville Two, LLC, (an entity created by a secured lender to manage the 50 Tufts Street property in Somerville) for Waste Site Cleanup violations. The corporation is required to initiate response actions at a residential property across the street from this former dry cleaning supply company. Chlorinated VOCs, primarily tetrachloroethylene (PCE), have been detected in groundwater at very high levels, emanating from the site. Indoor air in four homes across the street from the former dry cleaner has been impacted. Two of the impacted homes require remediation. MassDEP sealed the basement in 1 of the 2 homes earlier in the summer, however, since then the fiduciary has foreclosed on the property. MassDEP is asking the corporation to take responsibility for the remaining home. If they do not take responsibility for cleaning up the remaining home, MassDEP will do the work and recover the cost of the remediation.

7/18/05: MassDEP entered into a Consent Order with a $30,000 Penalty involving Cap's Auto Wrecking Corp. in Lynn, for Waste Site Cleanup and Hazardous Waste violations. Cap's located at 1069 Rear Western Ave. agreed to conduct Immediate Response Actions (regarding the cleanup) and return to compliance (regarding the Hazardous Waste management). MassDEP agreed to suspend $18,000 of the penalty provided all terms of the Order are met.

7/14/05: MassDEP entered into a Consent Order with Silver Leaf Resorts, Inc., of New Ashford for Water Pollution Control (wastewater) violations. The company had acquired the interest of another party that operated the Brodie Mountain Resort. Today's Order affirms the obligations of the new owner and sets forth an amended schedule for improvement of the site's wastewater treatment facilities tied to the revised development schedule.

7/14/05: MassDEP issued a boil water order to Sportshaven Mobile Home Park in Belchertown. MassDEP issued the Order after a complete loss of water pressure in the water system. As a precaution in situations like this, a boil order is typically warranted for a short-term until disinfection is shown to have flushed out any contamination that may have been pulled in when a complete loss of pressure occurs.

7/14/05: MassDEP entered into a Amended Consent Order with a $10,000 Penalty regarding Sherborn Day Spa in Sherborn for Water Pollution Control (septic system) and Water Supply violations. The Order also has $2,000 in Stipulated Penalties after the company failed to comply with the original Order signed in 2004. Specifically, the company was required to submit for approval changes that will bring the Spa's water supply well and septic system into compliance.

7/13/05: MassDEP entered into a Consent Order with a $30,000 Penalty regarding Pulte Homes LLC for Wetlands violations at Choate Farm in Danvers. An inspection on 3/29/05 by MassDEP found the developer's action resulted in the un-permitted alteration of 3,400 s.f. of wetlands resource area at 407 Locust Street (Choate Farm) in Danvers.

7/12/05: MassDEP issued a $4,480 Penalty Assessment Notice to Alan's Bar B Que of Gill due to a lack of a certified drinking water operator and coliform bacteria reporting violations.

7/11/05: MassDEP entered into a Consent Order with a $2,000 Penalty regarding United Oil Recovery, Inc. for Hazardous Waste Management (shipping) violations throughout the Commonwealth. The company, which is based in Meriden, Connecticut, was not using the correct hazardous waste codes on the shipping manifests when accepting wastes from waste generators. The Company was also cited for transporting waste oil and water mixture as well as un-drained motor vehicle oil filters by using a non hazardous waste manifest. The company will correct the violations and distribute MassDEP's fact sheet relating to the appropriate management of Used Oil Filters to its Massachusetts customers.

7/11/05: MassDEP issued a $27,590 Penalty Assessment Notice to C&S Septic Services of Westfield for Water Pollution Control (septic) violation, specifically the company's role in the pumping, transport and attempted disposal of an oil/septage mix from a West Springfield commercial septic tank. The owner of the West Springfield facility is the subject of separate enforcement.

7/11/05: MassDEP Commissioner Robert Golledge Jr. signed a Final Decision involving a $220,000 Penalty for Hazardous Waste violations at Commonwealth Tank in Wakefield. Commissioner Golledge's decision incorporates the Settlement Agreement and Administrative Consent Order including three Penalty Assessment Notices. The violations included: acting as a hazardous waste transporter and also a hazardous waste storage facility. There were also many numerous asbestos violations. MassDEP agreed to suspend an additional $185,000. 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.

7/11/05: MassDEP executed a Consent Order with RDT Enterprises of Westfield for Waste Site Cleanup violations. RDT, as the owner of the former Westfield Woodworking site at 6 Coleman Avenue, failed to notify MassDEP in a timely manner of a release of chlorinated solvents detected in groundwater at the site (120-day notification condition). The Consent Order requires that RDT either complete response actions at the site, including the preparation of a Tier Classification or Response Action Outcome Statement for the release by 11/16/05. Failing that, RDT must have an approved financial inability status by that date.

7/8/05: MassDEP executed a Consent Order with a $5,000 Penalty involving Plastican, Inc. of Leominster for Hazardous Waste violations. The violations included failure to ship waste oil off-site every 90 days, as required of all Large Quantity Generators (which includes Plastican) and failure to properly label waste oil accumulation containers.

7/8/05: MassDEP executed a Consent Order with an $860 Penalty involving XCELLEREX, LLC of Marlborough for Hazardous Waste violations. The violation pertains to the company acting as a Large Quantity Generator of hazardous waste while registered as a Very Small Quantity Generator.

7/7/05: MassDEP Stage II Enforcement Action (BWP): MassDEP assessed a $4,660 penalty to Al Grimaldi Oil and Burner Service Inc. of Springfield for failing to properly install and maintain Stage II vapor recovery equipment at its Allen Street facility. MassDEP inspectors first discovered the violations last August. A follow-up inspection in November revealed that the company had not come into compliance with Stage II requirements and also had committed additional violations.

7/7/05: MassDEP issued a Unilateral Administrative Order to Mary Elizabeth Kazanjian for Wetlands violations at 37 Elene Street, Lowell. At this construction site, silty discharge was made to a nearby vernal pool to drain. After ceasing current work, Kazanjian is required to submit to MassDEP for approval a plan that will prevent erosion and sedimentation from discharging and to install a barrier to prevent drainage of the vernal pool.

7/7/05: MassDEP entered into a Consent Order with a $2,875 Penalty involving Meetinghouse at Stow Condominium Trust for Wastewater violations. MassDEP determined permit violations at the Trust's wastewater treatment facility. Under the terms of the Order, the Trust shall evaluate and upgrade its current treatment process in addition to paying the Penalty.

7/6/05: MassDEP entered into a Consent Order with a $4,867 Penalty to Poyant Signs Incorporated of New Bedford Air Quality violations. MassDEP determined that he company, which is located at 125 Samual Barnet Blvd. in New Bedford, installed and operated a spray booth without meeting the requirements of the permit exemption regulations or for failure to submit the appropriate permit application.

7/5/05: MassDEP entered into a Consent Order with a $30,000 Penalty involving, Governor Dummer Academy of Newbury for Wetlands violations. MassDEP determined through aerial photography that 25,000 s.f. of Bordering Vegetated Wetlands (BVW) was altered due to expansion of a field house and construction of two tennis courts. In addition to submitting plans to replicate the lost BVW, the Academy will conduct a Supplemental Environmental Project (SEP) involving the composting of purple loosestrife, an invasive plant species, which will help to determine how long those seeds remain viable in composted soil. MassDEP agreed to suspend $5,000 of the Penalty provided all terms of the Order are met.

7/5/05: MassDEP entered into a Consent Order with a Penalty involving Lawrence General Hospital in Lawrence for Air Quality and Hazardous Waste violations. The 179-bed medical facility was found to have violated its restricted emission status (RES) for nitrogen oxides and sulfur dioxides. In addition the hospital exceeded its fuel use limits and it was found to have faulty record-keeping and reporting. The facility also had hazardous waste storage violations. In bringing the facility back into compliance, the Hospital will submit an amended RES and pay double the normal fee (totaling $3,100).

7/5/05: MassDEP entered into a Consent Order with a $2,435 Penalty involving Glen Ridge Resident Trust of Dover for water supply violations. The Trust is a registered public water supplier (42 service connections/100 residents) that failed to collect samples as required in August of 2004 for total trihalomethanes and haloacetic acids. MassDEP agreed to suspend $1,235 of the Penalty provided all terms of the Order are met, including public notification of the violation and returning to compliance regarding its testing schedule.

7/5/05: MassDEP entered into a Consent Order with an $8,000 Penalty involving Simpkins Industries, Inc. to address violations at their former paper manufacturing facility locations in Monroe, Russell, and Lee. The violations at the three sites, each of which have inactive paper sludge landfills, included failure to conduct environmental monitoring in accordance with the terms and conditions of the applicable permits. The agreement provides for ongoing environmental monitoring as well as the provision of a Financial Assurance Mechanism for each of the three (3) sites. MassDEP agreed to suspend $2,000 of the Penalty pending compliance with the provisions of the Order

7/1/05: MassDEP entered into a Consent Order with a $1,380 Penalty involving BFI Waste Services of Massachusetts, LLC, for Hazardous Waste violations at the company's Fall River facility. MassDEP determined discrepancies in the registered accumulation rates for the facility, which is located at 1080 Airport Road in Fall River, as well as lack of inspections of the waste oil storage areas.

7/1/05: MassDEP issued a $15,050 Penalty Assessment Notice to Mohammed Bellal, of 119 Willow Street, Cambridge for (Air Quality) Asbestos violations. During March 2004, MassDEP inspected the property at 111 Glenway in Boston (Dorchester) where Bellal was conducting work that involved asbestos at this multifamily residential unit without first having submitted the required notification. MassDEP also determined that asbestos debris was scattered on the floor, a violation. Discussions with Bellal failed to reach a consent order leading to today's penalty assessment.

7/1/05: MassDEP issued a $15,050 Penalty Assessment Notice to Nazral Quadery of 34 Marble Street, Stoneham for Air Quality (Asbestos) violations found during a MassDEP inspection at 111 Glenway in Boston (Dorchester). Quadery owned the facility where asbestos removal at this multifamily residential unit was being conducted without first having submitted the required notification. MassDEP also determined during an inspection in March 2004 that asbestos debris was scattered on the floor, a violation. Discussions with Quadery failed to reach a consent order leading to today's penalty assessment

7/1/05: MassDEP issued a Unilateral Administrative Order to Berkshire Park Camping Area for Air Quality violations. The Camping Area failed to collect a sample for Microscopic particulate analysis (MPA) during the spring of 2005. MPA samples must be collected during the fall of 2005 and the spring of 2006.

June 2005

6/30/05: MassDEP entered into a Consent Order with KWE Enterprises of Sandwich for Waste Site Cleanup violations. This site was the location of a petroleum release that impacted a private water supply. Due to a dispute between the current owner and the previous owner, neither PRP conducted the necessary response actions. The private water supply was connected to municipal water and the MassDEP needed to utilize the services of an outside contractor to conduct preliminary response actions. Under this Order, MassDEP established deadlines for the current owner and responsible party to come back into compliance and to pay the MassDEP $100,000 in past costs. In addition, a Response Action Outcome or a demonstrated Remedy Operation Status is required by 8/1/06.

6/30/05: MassDEP entered an Amended Consent Order with Skaket Associates in Orleans. In 2001, MassDEP entered into a Consent Order requiring full replacement of old septic systems by 7/20/05. DEP has now agreed to a one-year extension (7/30/06) due to the facility's major reconstruction plans, which will require that they obtain a groundwater discharge permit and necessitate the construction of a treatment plant and provide a higher level of environmental protection.

6/30/05: MassDEP executed a Consent Order with a $1,150 Penalty involving Butter Brook Crossing, LLC of Westford for Drinking Water violations. The company, which operates Butter Brook Golf Club had started operating a new public water supply without first having received approval from MassDEP. The company has corrected the violation by submitting verification that a certified operator has been retained, a cross-connection control plan is in place, and all requirements for operation have been completed. MassDEP conducted a final inspection approval.

6/30/05: MassDEP executed a Consent Order with a $11,000 Penalty regarding Massachusetts Broken Stone Company which operates a mining, crushed stone, and asphalt batching plant also known as Holden Trap Rock. The company failed to comply with the terms and conditions of its surface water discharge, or National Pollutant Discharge Elimination System (NPDES) permit. In violating its NPDES permit (which is issued jointly by MassDEP and EPA), the company allowed storm water to discharge into a wetland.

6/30/05: MassDEP executed a Consent Order with a $9,560 Penalty involving SRO Companies, LLC for violations at the former Saint Luke's Hospital in Middleborough. The former County Hospital was purchased by Shawn O'Donnell of SRO. The property was slated for conversion into residential units and SRO conducted extensive interior demolitions prior to notification being sent to MassDEP, and in violation of the state's Air Quality (Asbestos) regulations.

6/30/05: MassDEP executed a Consent Order with a $14,700 Penalty involving D&M Construction, which served as the demolition contractor at the former Saint Lukes Hospital in Middleborough. The contractor was cited for the improper removal of asbestos, an Air Quality violation. The total Penalty was reduced by $5,000 under the Department's Small Business Policy, and the remaining $9,700 was suspended and the owner was ordered to attend an Asbestos Awareness Course within 60 days.

6/30/05: MassDEP entered into a Consent Order with a $9,400 Penalty regarding TMC Services, Inc, a licensed asbestos contractor, for Asbestos violations at the former Saint Lukes Hospital in Middleborough. TMC performed the asbestos removal in the basement of the building but did not submit notification to MassDEP.

6/30/05: MassDEP executed a Consent Order with a $6,900 Penalty involving Island Holding, LLC, (owner of the Winnetu Inn) in Edgartown. The company was cited for failure to submit an application to modify its Title 5 (septic system) permit prior to construction and failure to use odor control.

6/30/05: MassDEP issued a Unilateral Administrative Consent Order with a $7,070 Penalty Assessment Notice to D.J. Cronin, Inc. of 53 Mink Street in Seekonk. The company is generating and accumulating more waste oil than allowed by its registered hazardous waste generator status, failing to provide secondary containment for its outside waste-oil storage area, and for discharging industrial wastewater to ground (truck cab washing). In addition, the company is maintaining drains to ground, which need to be properly closed under the underground injection control regulations and for other hazardous waste management violations. The company has refused to enter into settlement negotiations with the Department. The site is a "listed MCP site", with contamination reportedly caused by a previous tenant.

6/30/05: DEP entered into a Consent Order with a $115,000 Penalty to Peter Paquin for Wetlands, Clean Water and Water Management Act violations in Middleboro. Paquin owns cranberry bogs off Beach Street in Middleboro, where he will be required to conduct wetland restoration of 6.62 acres of bordering vegetated wetlands this year. An additional 6.55 acres shall be further evaluated within the next two months and restored if that acreage was previously wetland. Paquin is also required to apply for a Water Management Act permit and develop a Resource Conservation Farm Plan. DEP agreed to suspend $50,000 of the Penalty provided all terms of the Order are met.

6/30/05: DEP executed an Administrative Consent Order with Vertis, Inc. of East Longmeadow for Waste Site Cleanup violations. Vertis, located at 245 Benton Drive, failed to immediately notify DEP of a release on 12/21/05 of an estimated 100-150 gallons of petroleum-based lithographic ink. The spill occurred during ink delivery at a time of below-freezing temperatures. As part of the Consent Order, Vertis revised its spill response procedures and contingency plans, and re-trained employees on these procedures. Vertis and its ink supplier also made physical changes to the ink storage and delivery equipment, including heat tracing of delivery lines.

6/30/05: DEP executed a Consent Order with the city of Springfield for Waste Site Cleanup violations at the (fmr) Jail & Boiler Plant. The city failed to submit timely phase reports for both sites, and has now agreed to remove all abandoned USTs, properly dispose of drums containing Oil and Hazardous Material, and submit phase reports by prescribed deadlines.

6/30/05: DEP entered into a Consent Order with the town of Lee for Water Supply violations. The town agreed to address certified water operator and cross connection control deficiencies identified by the Drinking Water Program during a May 2005 sanitary survey inspection.

6/30/05: DEP entered into a Consent Order with the town of Egremont for Water Management Act violations. Egremont agreed to address withdrawal threshold violations that occurred between 1998 and 2004. Within the Order, Egremont agreed to submit a permit if its withdrawals exceed threshold volumes.

6/30/05: DEP entered into a Consent Order with a $7,500 Penalty involving BETA Community Services, Inc. at 73 Bank Street in Attleboro for Air Quality (Asbestos) violations. DEP received a complaint that a handyman hired by BETA made repairs at a residence to the basement pipes that resulted in the disturbance of asbestos-containing insulation in a laundry and storage area frequented by the residents. BETA failed to notify the Department of this activity at least 10 days prior to performing the renovations. DEP agreed to suspend $5,625 of the Penalty and BETA will perform a Supplemental Environmental Project (SEP) worth $4,250. The SEP requires BETA to perform a survey of each of its properties by licensed asbestos inspector, and thereafter prepare an asbestos-management plan for its properties, and conduct training for all staff including management and maintenance.

6/29/05: DEP entered into a Consent Order with a $32,475 Penalty regarding Texas Instruments, Inc. at 34 Forest Street, Attleboro for Air Quality violations. The company was found to have exceeded the 12-month rolling period regarding fuel use on multiple occasions, and not notifying DEP. In addition, the company had not amended its permit to identify the appropriate facility contacts and exceeded its opacity (smoke density) limit on two occasions. The Order requires the company to correct these violations and to evaluate the causes of opacity violations and to prevent them.

6/29/05: DEP entered into a Consent Order with a $7,500 Penalty involving Hampton Place Condominium Trust in Newton for Waste Site Cleanup violations. DEP determined that The Trust, located at 77 Florence Street, Newton, had performed removal actions without first having submitted a Release Abatement Measure Plan as required.

6/29/05: DEP executed a Consent Order with a $12,075 Penalty involving the City of Fitchburg for Industrial Wastewater violations. The City was found to have unauthorized discharge of high strength industrial wastewater to the City's Easterly wastewater treatment facility. In March 2005, the City proceeded with the diversion of paper mill wastes from its Westerly facility to the Easterly facility despite the express written prohibition from DEP. The city will conduct a Supplemental Environmental Project (SEP) through the Nashua River Watershed Association to mitigate $9000 of the Penalty.

6/29/05: DEP entered into a Consent Order with a $5,000 Penalty involving Maneule Scata for Waste Site Cleanup violations. Scata failed to assess and cleanup gasoline contamination at 1181 Bennington Street in East Boston. The site was originally reported in 1989 and is not in compliance with cleanup requirements, specifically Tier Classification. Scata purchased the property in January 2000 and received a Notice of Responsibility in December 2004, a Notice of Noncompliance in March 2005, requiring Immediate Response Actions and Tier Classification of the site. Mr. Scata did not comply with the IRA deadlines in the NON, prompting BWSC to initiate higher-level enforcement action that resulted in today's Order.

6/28/05: DEP entered into a Consent Order with a $26,850 Penalty regarding R.M. Pacella Realty Trust, Inc. for Waste Site Cleanup violations. The Trust failed to notify DEP within two hours of a spill and conducted cleanup actions without approval at 3 Madison Avenue and174 Belcher Street in Wrentham. Initially, DEP conducted a site inspection on 4/5/04 regarding oil sheen on Rabbit Hill Pond. DEP learned that agents/owners of the neighboring Trust had provided absorbent booms & pads to the Wrentham Sportsmen Club (which is a downgradient) on 4/2/04 to contain the oil sheen. Upon initial questioning by DEP, Pacella indicated that a 55-gallon drum (presumably containing waste oil) was dropped off, but knocked over with no records or indications where the waste was disposed. The area where the spill occurred on his property was re-graded with clean soil, as was the Wrentham Sportsmen Club access road in between. This year, the Trust filed the appropriate waste site cleanup final report, on 4/7/05. Part of the Penalty, $20,150, will be a donation to UMASS-Dartmouth, Textile Sciences Dept. to be used to manufacture a shot curtain to prevent shot from entering the adjacent wetlands at the Wrentham Sportsmen Club.

6/28/05: DEP entered into a Consent Order with Steve's Service Station, Inc., 52 Main Street, Newbury to address noncompliance at Steve's Service Station in Newbury with a previous Consent Order signed in 2002. The prior Order was due to the failure to conduct timely response actions regarding cleanup of petroleum contamination at the site. DEP had already issued a Demand for Payment of $2,600 in Stipulated Penalties, and subsequent discussions have now resulted in this Order, which supersedes the prior Order and re-establishes deadlines for completing response actions

6/27/05: DEP entered into a Consent Order with a $10,000 Penalty regarding John Niejadlik of Douglas for wetlands violation. DEP found that Niejadlik altered 3,000-4,000 square feet of bordering vegetated wetlands. The Order requires the owner to remove the fill material, follow an approved restoration plan and submit monthly progress reports to DEP. A total of $9,000 will be suspended under DEP's Homeowner Policy, pending compliance with the Order and DEP regulations.

6/27/05: DEP entered into a Consent Order with a $45,000 Penalty involving the city of Newburyport, town of Newbury and D&C Construction for Wetlands violations. DEP determined that during a beach nourishment project, improper material was deposited. The Order calls for the removal of that material and strict adherence to the agreed-upon beach nourishment plan (screening of material). DEP agreed to suspend $30,000 if the parties conduct a Supplemental Environmental Project that involves additional work on a proposed bike path, routing of pedestrian traffic using snow fencing to prevent alteration of the dune and a public education campaign on steps people can take (and steps they shouldn't take) to protect the barrier beach ecosystem.

6/27/05: DEP issued a Demand for $15,000 in Stipulated Penalties to Octagon Realty Trust, the previous owner of the 20-32 Rugg Road property due to violations of the terms of the Administrative Consent Order & Penalty (ACOP) that it had entered into with DEP in April 2002. Octagon Realty Trust had failed to comply with the Order before selling the property in October 2004 .

6/24/05: DEP issued a Unilateral Administrative Order to The Finger Companies, RE: The Village @ Quarry Hills in Quincy for Wetlands violations. The company failed to stabilize erosion controls at the Village. DEP inspected the site on 5/24/05 revealed a large quantity of turbid/silty stormwater was entering a bordering vegetated wetland in multiple locations due to compromised or failing erosion controls from locations where the company was working.

6/23/05: DEP entered into a Consent Order with a $10,781.25 Penalty regarding Mobile Home Park in Plymouth. The Park was cited for failure to upgrade a failing Title 5 (septic system) in accordance with the established schedule. The new deadline for completion of upgrades is now 9/30/05. DEP agreed to suspend $9,781.25 of the Penalty provided the deadline date for completion is met. The facility was originally built in 1958. The new Title 5 requires Large System inspections to be performed on a five-year cycle for these type facilities. In July of 2002, this facility received a Notice of Noncompliance for failure to perform the required inspection and they subsequently complied, however, 10 of 20 existing sewage disposal systems inspected were in failure.

6/23/05: DEP entered into a Consent Order with a $2,630 Penalty regarding Ford of Hyannis at 332 Falmouth Road in Hyannis for Hazardous Waste Management and Air Quality violations. DEP determined the company had exceeded its hazardous waste generation limit; had hazardous waste storage area violations; had improper labeling; and, had failed to record volatile organic compound emissions.

6/23/05: DEP executed a Consent Order with Peter Watts of Watts Family Farm in Sandwich. Peter Watts has an agricultural waste composting operations in Sandwich that is registered with the Department of Food and Agriculture and DEP. The facility is exempt from solid waste site assignment but DEP has documented nuisance odor conditions on several occasions and the facility's acceptance of materials that are not allowed. Under today's Order, Watts Family Farm agrees to cease acceptance of composting materials, submit and implement an odor control plan, and construct a new compost pad.

6/23/05: DEP entered into a Consent Order with a $2,500 Penalty involving Dana R. Galgana of Plympton for Wetlands violations. The property owner received a Superseding Order of Conditions from DEP allowing the construction of a single - family home in the Riverfront Area. The foundation was required to be at least 100 feet from the bank, but instead was constructed 89 feet from the bank. In accordance with the terms of today's Order, Galgana agreed to restore portions of the riverfront area and in order to mitigate the area occupied by the foundation, will plant natural indigenous vegetation.

6/23/05: DEP entered into a Consent Order with a $5,000 Penalty regarding Broadway Brake & Cable in Somerville for Waste Site Cleanup violations. The company, located at 45 Broadway, failed to meet initial deadlines for cleanup, and deadlines later established with DEP in a Notice of Noncompliance and a third deadline. In May 2005, the company submitted a Response Action Outcome (no further action) regarding this site.

6/23/05: DEP entered into a Consent Order with Kenneth Johnson of Swampscott for Waste Site Cleanup violations. Johnson agreed t o submit a Response Action Outcome (no further action) by 11/4/07. The lead-contaminated site, located at Windsor & Sampson Avenue, was originally reported to DEP in 1998 and was classified as a Tier II site in 2002. No comprehensive response actions were conducted thereafter. Johnson purchased the property in January of 2005, and previously had been unable to meet the deadlines but has now agreed to bring the site into compliance and to submit an RAO prior to the deadline.

6/23/05: DEP entered into a Consent Order with PetroleumTech, Inc. of 2022 Commonwealth Ave. in Brighton (Boston) for Waste Site Cleanup violations. The company agreed to submit reports to bring the cleanup back into compliance, including Phase III Report By September 1, 2006, a Phase IV Report by December 1, 2006 and a Response Action Outcome Statement to DEP on or before February 1, 2007. The site was originally reported to DEP due to oil in groundwater on 8/13/01. The site was classified as a Tier II site in 2002, but no comprehensive response actions were conducted thereafter.

6/23/05: DEP entered into a Consent Order with a $25,000 Penalty involving the town of Warren for the un-permitted breach of a beaver dam. The town's actions resulted in downstream impacts. The Town is required to develop a Beaver Management Plan to assist the town in being proactive in managing beaver concerns and to minimize development of beaver dams, to avoid future un-permitted dam breaches and to ensure controlled releases of impoundments following any dam breach. DEP agreed to suspend $21,000 of the penalty if the Town completes the Beaver Management Plan including submission of monitoring reports to the Department for one year.

6/23/05: DEP entered into a Consent Order involving Rugg Road Realty Trust in Allston (Boston) for Waste Site Cleanup violations. The Trust is owner of the property at 20-32 Rugg Road, and the Order establishes a compliance schedule, including an ongoing Immediate Response Action for an Imminent Hazard condition due to indoor air contamination. Under the Order, a final Response Action Outcome (RAO) Statement for the site is due by 5/30/07.

6/22/05: DEP entered into a Consent Order with a $31,635 Penalty involving Sun Life Assurance Company of Canada (re: its office in Wellesley) DEP determined that the company installed and operated two emergency generators at their Wellesley office prior to DEP approval. Sun Life was also required to pay double the applicable permit fee, $3,860, and to design and install properly venting exhaust stacks to replace the existing, substandard exhaust stacks serving the two generators.

6/21/05: DEP entered into a Consent Order with a $7,500 Penalty regarding MSI Realty Trust 76 Arsenal Street in Watertown regarding Waste Site Cleanup violations. The petroleum-contaminated site was first reported to DEP in 1998 and was classified as Tier II in 1999. However, additional cleanup deadlines have been missed. Last October, DEP issued a Notice of Noncompliance (NON) citing the missed deadlines as violations. MSI's failure to comply with the requirements of the NON prompted DEP to initiate higher-level enforcement. Subsequent discussions resulted in today's Order that establishes deadlines for completing response actions. DEP agreed to suspend the Penalty pending compliance with the Order.

6/21/05: DEP issued a Unilateral Administrative Order to Henry Coz, and Shining Rock Golf Community, LLC, leasing tenant of a well field site off Sutton Street in Northbridge, that is adjacent to the Blackstone River. Violations observed include clearing and grading in the Riverfront Area, as well as, re-routing an intermittent stream on the property without a permit. The Order requires these parties to cease further alterations and to submit for approval a restoration plan. Penalties will likely be assessed.

6/21/05: DEP entered into a Consent Order with a $9,000 Penalty involving Dr. and Mrs. James Rippe of 475 Glen Road in Weston for Wetlands violations. The Order gives a schedule for wetland remediation, maintenance (including invasive species control), and monitoring activities on the site over a specific period of years, along with complete copies of the remediation plan(s) and schedule report to DEP and the local con-com. DEP agreed to suspend $6,000 of the Penalty pending completion of a Supplemental Environmental Project involving the development and distribution of a pamphlet on recent Wetlands Protection Act changes.

6/21/05: DEP entered into a Consent Order with a $17,250 Penalty involving Massachusetts Site Developers Inc. of Malden for Air Quality violations. MSD installed and operated a diesel engine powered rock-crusher at its facility in Malden prior to DEP approval. In addition to the penalty, MSD is required to update their plan application; MSD also agreed to retrofit the subject diesel engine with a particulate filter control device at a cost of approximately $29,000.

6/21/05: DEP issued $500 Penalty Assessment Notice to the following facilities for failure to submit emissions data as required: (1)-Anna Jacques Hospital, Newburyport; (2)-GAF Materials Corp, Millis; (3)-Milton Hospital, Milton; and, (4)-Quincy Medical Center, Quincy; and (5)-MCI Cedar Junction, Walpole (NERO): Each facility had in previous years voluntarily sought and obtained a Restricted Emission Status. Each of these facilities failed to submit its required emission report for 2004, and prior to today's Penalty, each was issued a Notice of Noncompliance regarding the previous failure to submit the report. 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.

6/20/05: DEP entered into a Consent Order with a $1,250 Penalty regarding Kenneth Bousquet (Boulevard Auto Parts) of Springfield for Hazardous Waste violations. DEP discovered the violations burning waste oil in a space heater without certification during a 7/29/04 inspection. Bousquet transferred ownership of the facility on 1/26/05.

6/20/05: DEP entered into a Consent Order with Lester Twarowski d/b/a Village Green Family Campground in Brimfield. The agreement with this large Title 5 (septic system) operator will address the presence of systems within the Interim Wellhead Protection Area of the public water supply wells. The owner has agreed to submit a plan to bring the systems into compliance. Pending the site coming into compliance, the owner will perform regular nitrogen sampling of the wells.

6/20/05: DEP entered into a Consent Order with Berkshire Vista Resort, Inc. in Hancock. The agreement with this large Title 5 (septic system) operator will address the presence of components of septic systems (tanks, pipes) within the Zone I and the Interim Wellhead Protection Area of the public water system wells of the campground. The owner agreed to submit a complete inspection and a plan to bring the system into compliance. Pending the site coming into compliance, the owner will perform regular nitrogen sampling of the wells.

6/20/05: DEP issued a Unilateral Administrative Order and $300 Penalty Assessment Notice to Silverbrook Cafe in Sandisfield. The Cafe which functions as a public water supply was cited for failure to monitor for bacteria.

6/20/05: DEP issued a Unilateral Administrative Order to Yankee Atomic Electric Co. in Rowe regarding the disposition of concrete shield blocks from within the reactor support structure. These blocks were generated during decommissioning activities and in 1999 were the subject of a DEP's Beneficial Use Determination approval. Tests, however, conducted after that approval revealed these blocks contained low levels of tritium. Today's Order requires information regarding the present location, condition and ownership of the blocks.

6/20/05: DEP entered into a Consent Order with Wojicki & McPartland Development in Newburyport regarding Wetlands violations at the Savory Street Extension project. DEP staff observed violations of a Final Order of Conditions (failure to complete work) during a site visit related to a request for a Certificate of Compliance.

6/17/05: DEP entered into a Consent Order with Wayland/Sudbury Septage Committee to reduce nitrate levels that currently exceed its groundwater discharge permit. The committee agrees to commence a pilot test (sand filter) to reduce nitrate levels and thereafter submit an evaluation report, construction schedule with full compliance (traditional denitrification technology) on or before 9/15/07.

6/17/05: DEP issued a Unilateral Order to the Southampton Water Department in Southampton. The DEP is requiring the Department to conduct source bacteria monitoring and a series of quarterly monitoring reports for specific contaminants relative to a well that was brought into use without final DEP approval. The Department will follow-up with additional enforcement actions related to permit violations and placing of the well into use without final approval.

6/16/05: DEP executed a Consent Order with a $4,320 Penalty regarding Worcester Polytechnic Institute for Air Quality violations. WPI had numerous opacity violations (visible emissions) from it oil boilers. DEP agreed to suspend the Penalty provided WPI complete the ongoing project to install new natural gas boilers to heat their campus buildings by January 2006.

6/16/05: DEP executed a Consent Order with a $13,000 Penalty involving the Worcester Natural History Society for Air Quality and Hazardous Waste violations. The Society, which operates an environmental educational center known as the EcoTarium was found to have self-transported waste oil to unapproved facilities; failed to follow proper management requirements associated with its waste oil generation; and, failed to operate in compliance with its Air Quality approval. Also, EcoTarium failed to accurately complete an Air Emission Statement form. Under the terms of the Order, the EcoTarium with the completion of a two-part Supplemental Environmental Project (SEP) DEP agreed to suspend $9,750 of the Penalty. One part of the SEP includes the installation of catalytic converters and fuel ratio controllers on its generator engines that will substantially reduce (up to 90%) Nitrogen Oxide emissions generated by the facility. The second part involves the installation of an engine oil filtration system that will allow extended use of the engine oil, thus decreasing waste oil generated.

6/14/05: DEP entered into a Consent Order with Sandy Beach Association and the Town of Cohasset for Wetlands violations. The Massachusetts Coastal Zone Management (CZM) observed in June 2004 noted that work on Sandy Beach exceeded allowable activities. The Association and the town are now required to conduct a five-year study to be used to evaluate current beach management practices.

6/14/05: DEP issued an $11,700 Penalty Assessment Notice to Jose Borges Jr. of New Bedford for Air Quality (asbestos) violations. An inspection by DEP of Sapatinha Cafe Inc., a restaurant/lounge owned by Borges in New Bedford discovered that friable asbestos containing pipe insulation material in the basement where the boiler was located. DEP also observed several waste barrels located outside the building that contained broken sections of friable asbestos transite board mixed with construction debris and trash. Borges, an independent contractor who remodeled the building, was penalized for failing to properly notify the Department of the asbestos abatement activities and failing to use proper management practices in the removal, handling and disposal of asbestos containing materials in order to protect the public and workers from exposure to friable asbestos.

6/14/05: DEP issued a Unilateral Administrative Order to Kevin Ferreira, Vernon Ferreira and K&V Construction of Carver: DEP issued the Order to the referenced parties for illegal depositing solid waste on a house lot. The town had taken control of the property for several years but the courts have ultimately awarded it to another owner. Today's Order, in addition to reserving the Department's ability to follow up with additional enforcement, will require the parties to remove the solid waste, properly dispose of the waste material and restore the site to a safe condition. 6/23/05: DEP issued a $2,000 Demand for Stipulated Penalties to Sherborn Day Spa, Inc of Sherborn for Water Pollution Control (septic system) violations. The facility, located at 24 North Main Street, failed to submit estimated design flow calculations as required.

6/13/05: DEP executed a Consent Order with a $4,000 Penalty involving 947 Newport Convenience & Gas, LLC in Attleboro for Waste Site Cleanup violations. The company had failed to notify and perform an immediate response action without approval. In addition to the Penalty, the agreement calls for $5,000 to go towards or employee training in spill awareness and notification procedures, and a $5,000 donation to the Massachusetts Environmental Trust fund.

6/13/05: DEP entered into a Consent Order with a $34,525 Penalty regarding Anze Management in Roxbury (Boston) for Air Quality (Asbestos) violations. Anze was conducting demolition activities at 37-55 Warren Street, but violations found included removing and storing asbestos improperly and failure to submit notification for the work. DEP agreed to suspend $34,525 of the Penalty, but if Anze does not fully comply with all asbestos-demolition regulations and the terms of the Order for a period of two years, the remaining $34,525 of the Penalty will be due.

6/8/05: DEP's Commissioner issued a final decision on the Cottage Street Landfill in Springfield, effectively settling the appeal of a Unilateral Administrative Order DEP had issued on 1/21/05. The final decision executed an Administrative Consent Order between the Department and Waste Management of Massachusetts that provided for the installation of a new flare and pre-treatment to remove hydrogen sulfide from the gas stream at the landfill.

6/6/05: DEP issued a $28,457 Penalty Assessment Notice to Lazaro Paving Corporation of Acton, for processing waste asphalt and construction rubble in 2004 at a site it owns in Shirley. The processing operations site was not site assigned for this activity, nor did it have other necessary solid waste permits. 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.

6/6/05: DEP executed a Consent Order with an $860 Penalty involving Glen A. Heins, a demolition contractor in Westminster for Air Quality violations. DEP determined that Heins failed to submit notification of demolition work to the DEP as required for demolition work done in Fitchburg.

6/6/05: DEP entered into a Consent Order with a $19,312 Penalty involving Ms. Rhea Huard of Spencer for Air Quality (Asbestos) violations. During an inspection of a home owned by Huard, DEP found friable asbestos-containing insulation was improperly removed from the overhead heating pipes and stored in the basement in an unmarked 55-gallon drum. Huard failed to notify the DEP of a demolition/renovation operation involving asbestos-containing material. In addition, Huard failed to seal the work area, failed to use local exhaust ventilation while removing asbestos containing material and failed to label asbestos waste materials. DEP agreed to suspend $19,062 of the Penalty due to financial hardship.

6/6/05: DEP entered into a Consent Order with a $30,000 Penalty involving K Rooney, Inc. located at 686 Main Street in Weymouth for Waste Site Cleanup violations. The company, which owns a contaminated site at 686 Main Street in Weymouth, failed to submit reports and achieve a Response Action Outcome (RAO) within the deadlines. DEP had already issued a Notice of Noncompliance relative to the failure on 2/26/04. Under today's Order, new deadlines have been established with the submittal of an RAO due by 6/6/06. DEP agreed to suspend $15,000 of the Penalty pending compliance with the Order.

6/6/05: DEP entered into a Consent Order with a $30,000 Penalty involving Canton Corner Real Estate Trust in Canton for Waste Site Cleanup violations. The Trust failed to meet deadlines established in a previous Consent Order (Jan/03). The Trust had begun the cleanup of 1158 Washington Street in Canton, and had tier classified (1C) the site, but failed to submit a (final) Response Action Outcome (RAO) document by the deadline. DEP agreed to suspend $15,000 of the Penalty provided all terms of the Order are met including the submittal of the final RAO.

6/3/05: DEP entered into a Consent Order with a $4,000 Penalty involving Frank Podlenski, Jr. of Northfield for Wetlands violations. DEP determined work undertaken by Podlenski as part of a farming operation included excavation, filling and grading of soils in the floodplain of the Connecticut River. The work was done without permits and sediment and erosion controls. A Unilateral Order resulted in the immediate installation of sediment and erosion controls, stoppage of work and stabilization of the site prior to significant filling. Today's Order requires the owner to hire a licensed civil engineer to establish that no flood storage has been lost.

6/3/05: DEP entered into a Consent Order with a $23,000 Penalty involving Russo's Greenhouses of West Bridgewater for Wetlands violations. Approximately one-and-a-half acres of Bordering Vegetated Wetlands within the Hockomock Swamp Area of Critical Environmental Concern had been cleared and filled between May 1996 and May 2001. The case was reported in the Wetlands Change press release. The area is used to grow and store potted plants as part of the greenhouse operation. In today's Order signed by Russo's, the company will restore the altered area. DEP agreed to suspend $11,500 of the Penalty pending compliance.

6/3/05: DEP issued a Unilateral Assessment Order to Morse Sand & Gravel Corp. of Attleboro for Clean Water Act violations. DEP determined a discharge of sediment to the Ten Mile River resulted from Morse locating a pile of gravel without proper sedimentation controls in an area where sediment was discharged during rain events to the river. Today's Order requires Morse to cease and desist from the discharge of sediments to the river.

6/1/05: DEP entered into a Consent Order with Michael Donaghy ($10,900 Penalty) and Heritage Homes, Inc. ($13,625 Penalty) for Wetlands and Chapter 91 violations in Otis. The violations occurred during the reconstruction of a wall and construction of a dock without the necessary permits. DEP agreed to suspend $6,900 of Donaghy's Penalty (the owner), and $8,625 of the Heritage Penalty (the contractor) pending compliance including proper permitting or removal of the structures.
6/1/05: DEP entered into a Consent Order with a $7,500 Penalty regarding Boston University (trustees), Agganis Arena in Boston for water pollution control violations. The BU trustees had sought to install a sewer connection, and prior to receiving approval, the sewer line was installed and operated.

May 2005

5/31/05: DEP entered into an agreement with Mandli Corporation of Shrewsbury regarding air quality, hazardous waste and environmental results program violations. Mandli, d/b/a Empire Dry Cleaning, agreed to pay $3,600 of an $8,376 penalty, while DEP agreed the balance of the penalty will be suspended if the company commits no additional violations in the coming year.
5/31/05: DEP issued a Unilateral Order to the Swift River Company, Inc. of Russell regarding violations that stem from the facility's outlet to the Westfield River. The company operates a licensed hydropower facility on the River and must adhere to requirements in its (DEP-issued) 401 Water Quality Certification and coordinate/implement its fish and mussel stranding program with the Natural Heritage Program and Fish & Wildlife. In addition, the company must notify downstream communities and work with upstream dams to ensure a controlled release and minimal upstream as well as downstream environmental impact.

5/31/05: DEP issued a Unilateral Order to Neil Kauppila, and the contractor at Blair Estates in Rutland for wetlands violations. Kauppila, the owner, was cited for failure to control erosion and sedimentation on the Pleasantdale subdivision. The Order requires the parties to immediately stabilize the site, implement effective erosion controls, and evaluate the damage to wetland resource areas. Future penalties could be assessed.

5/31/05: DEP issued a Unilateral Order and an $8,500 Penalty Assessment Notice to the Town of Stoughton for wetlands violations. The town conducted work without a valid Order of Conditions and altered bordering vegetated wetlands (BVW) without a permit. The Town initially proposed temporary alterations, but then permanently altered 1300 square feet of BVW. DEP had issued a Superseding Order of Conditions that allowed limited work concerning a sewer extension at Holbrook Ave and Hollytree Road, but the town failed to submit a written request to the DEP as to whether or not changes in their plan, would require a new approval.

5/31/05: DEP entered into a Consent Order with a $30,000 Penalty involving North Shore Homes in Saugus for Waste Site Cleanup violations. The property at 71-73 Vine St where the company failed to conduct the required cleanup actions. Previously, DEP had issued a Notice of Audit Findings and Notice of Noncompliance on 10/31/00. Today's Order establishes a compliance schedule for completion of necessary response actions. DEP agreed to suspend $20,000 of the Penalty provided all terms of the Order are met.

5/27/05: DEP issued a Unilateral Order to Rumford LLC [c/o Karl Clemmey] of Mansfield for Wetlands violations. The cease and desist order was due to sediment and silt from a parking area has altered a Bordering vegetated wetland on an adjacent property. Today's Order requires that additional siltation barriers be put in place.

5/27/05: DEP entered into a Consent Order with a $16,500 Penalty regarding Vantage Builders Inc. for asbestos violations at 100 Revere Beach Parkway. Vantage, a general contractor based in Waltham, was conducting the removal of asbestos containing floor tile at the aforementioned site. Vantage had not filed an asbestos notification, or demolition notification. DEP agreed to suspend $12,050 of the Penalty provided all terms of the Order are met.

5/26/05: DEP issued a Unilateral Order to 184 Stone Street Realty Trust in Clinton for Wetlands violations. DEP determined that the Trust had engaged in clear-cutting of several hundred feet of trees and vegetation along the bank of a stream and riverfront area. The Order requires the company to cease further cutting violations and all work in the buffer zone. Additional enforcement by DEP, including penalty, is expected in the near future.

5/26/05: DEP issued a Consent Order with a $54,590 Penalty regarding Stalin and Devamony Osuri (residents) of Fitchburg for Asbestos violations. DEP determined that a notification for a demolition/renovation operation involving asbestos-containing material (pipe insulation) was not submitted. Additional violations included: failure to seal the work area; failure to use local exhaust ventilation while removing asbestos-containing material at the site; failure to wet asbestos waste; failure to seal asbestos waste in containers; failure to label asbestos-waste materials; and, failure to dispose of asbestos-waste material at an approved sanitary landfill. DEP agreed to suspend $54,340 of the Penalty based on DEP's policy for homeowners. The remaining $250 will be paid in installments.

5/26/05: DEP issued a Consent Order with a $25,000 Penalty involving Patty's Auto Parts in Saugus for Hazardous Waste violations. An investigation by DEP and the Environmental Strike Force was carried out at the company's facility at Lot 2A Salem Turnpike, Rt. 107. The company agrees to bring the facility into compliance and conduct ongoing Immediate Response Actions in accordance with an existing Conditional Approval Letter. DEP agreed to suspend $15,000 of the penalty provided all terms of the Order are met.

5/25/05: DEP issued a Unilateral Order to Aggregate Industries for wetlands violations at its 900 Salem Street location in Wilmington. DEP observed cloudy water and heavy silt in a bordering vegetated wetland and evidence of a discharge from the Aggregate facility at 900 Salem Street. The company is ordered to cease the illegal discharge and to participate in discussions to remedy the situation.

5/25/05: DEP executed a Consent Order with a $1,550 Penalty involving Specialty Minerals of Lowell for Air Quality violations. The company, which is located at 1449 Middlesex Street, exceeded Volatile Organic Compound emission limits. Under a 1999 Restriction Emission Status permit the company had voluntarily sought, it exceeded the agreed-upon VOC emission limits.

5/24/05: DEP issued a Unilateral Order to the City of Gloucester due to Water Pollution Control violations, repeated discharges from the city's publicly-owned treatment works. In particular, on 5/8/05 and into 5/9/05 a power surge, and subsequent equipment failure, led to approx. 600,000 gallons of partially treated sewage to be discharged into the Annisquam River. Today's Order requires the city to properly treat such discharges and to notify, the DEP, the DMF (Shellfish Program), and the board of health. Also the city must notify the public at large in the form of posted signs. Enforcement discussions relative to this incident are ongoing, including a possible penalty.

5/24/05: DEP entered into a Consent Order with a $690 Penalty involving Tasca Lincoln-Mercury, a car dealership in Seekonk, for Hazardous Waste violations. DEP determined during an inspection on 4/13/05 that the company, which operates a car repair facility on site as well, was improperly managing and storing its oil and hazardous waste. The Order establishes a schedule for registering the correct generator status, and for bringing the facility into compliance.

5/24/05: DEP entered into a Consent Order with a $16,320 Penalty regarding All Site Excavating, Inc. at 171 Ship Pond Road in Plymouth for Waste Site Cleanup violations. The company failed to report a 50-gallon diesel fuel release and conducted cleanup actions without DEP approval. The fuel release occurred at a gravel pit located within a Town of Plymouth drinking water supply area (Zone II) and was not reported to either DEP or the Plymouth Fire Department. In addition to paying $12,820 of the Penalty, the company will perform a Supplemental Environmental Project (SEP), producing an internal audit to be used for training of its personnel and clients (i.e. job sites). Once new best management practices are developed, the company will implement them in the future in order to address its past environmental compliance issues. DEP agreed to suspend $3,500 of the Penalty upon completion of the SEP.

5/23/05: DEP entered into a Consent Order involving CJ Crosstown LLC located at 800 Albany Street in Roxbury and formerly known as National Lead Co. for waste site cleanup violations. The company, which is seeking to redevelop the site, failed to submit cleanup reports, including final documents, within the established deadline. CJ also failed to remove soil stockpiles and meet deadlines established in a Notice of Noncompliance. Today's Order establishes a compliance schedule for completion of necessary response actions.

5/23/05: DEP entered into a Consent Order with a $14,500 Penalty regarding Rand-Whitney Container LLC of Worcester for Air Quality, Hazardous Waste and Industrial Wastewater violations. A DEP inspection determined the company caused a condition of air pollution, failed to keep adequate records, generated waste oil in excess of its registered status, failed to post a sign and mark its accumulation area, failed to adequately label containers and discharged boiler water to a storm drain. Under a Supplemental Environmental Project (SEP), the company agreed to provide the Fire Department for the City of Worcester seven (7) gross decontamination shower units. The DEP, in turn, agreed to suspend $7,410 of the Penalty, provided the SEP is completed.

5/20/05: DEP entered into a Consent Order with a $7,000 Penalty involving David and Emily Koester (residents) of Warwick for Wetlands violations. DEP determined that the Koesters cleared a portion of the Riverfront Area adjacent to their home. The work was done to expand the open area around the home. The Koesters have agreed to hire a wetland scientist to prepare a restoration plan and to document implementation of that plan. DEP agreed to suspend the entire Penalty dependant upon compliance with the Order.

5/20/05: DEP issued a Unilateral Order to Ernesto V. Caparrotta of Rockland for violations involving a bordering vegetated wetland (BVW). DEP determined that Caparrotta engaged in the filling of greater than 5,000 s.f. of BVW without receiving a 401 Water Quality Certification Permit. Today's Order requires Caparrotta to immediately cease and desist from any unauthorized activity under the water pollution control regulations. Additional DEP actions will address the filling violations.

5/20/05: DEP entered into a Consent Order with an $81,000 Penalty involving Nelson Seidl of 526 Merrimac Street in Newburyport for Wetlands violations. DEP determined that Seidl had filled/altered 45,000 s.f. of bordering vegetated wetlands (BVW) at 526 Merrimac Street in Newburyport without a valid or final order of conditions. Seidl agreed to submit a restoration plan for approval by 7/5/05, complete the work by 11/28/05, and submit monitoring reports until 2010. DEP agreed to suspend $56,000 of the Penalty provided the restoration is on schedule as of 9/30/05.

5/20/05: DEP was notified by the MA Attorney General's Office that Superior Court had issued a decision in a case involving Title 5 (septic system) violations. In the Commonwealth vs. Fitzgerald Builders the Court awarded the state $20,000 in attorney fees, a $20,000 civil penalty for the Title 5 violations, $5,000 for violation of Chapter 93A (consumer protection) and $5,000 in restitution to the purchaser of the property. The liability questions had previously been established at trial in which the builder/seller of a residential home performed illegal repairs to the system, including connection to a non-existent leach field.

5/20/05: DEP issued a Unilateral Order to the City of Gloucester for Wetlands violations at Wingarsheek Beach. During a 5/15/05 inspection, DEP observed heavy equipment in place within the coastal resource area without approval. DEP had previously issued an NON to the city on 9/13/04 regarding related violations. Today's Order requires the city to now have in place on 5/27/05 snow-fencing and signage preventing access to the impacted area.

5/18/05: DEP issued a Unilateral Order to EJT Management of Athol for Hazardous Waste violations. The Order requires EJT to comply with regulations in the cleanup of the now defunct Athol Table Company. EJT is the new owner of the property.

5/18/05: DEP entered into a Consent Order with a $23,000 Penalty regarding Lincoln and Mechanic Realty Trust of Marlboro for Waste Site Cleanup violations. The Trust failed to meet response action deadlines set forth in the regulations and will now bring the site into compliance. Last year, this site had been identified under the Department's Non-Responder Initiative, for failing to meet deadlines.

5/18/05: DEP and the MA Attorney General's Office entered into an agreement with the Town of Longmeadow DPW and the following individuals: Douglas Barron and Richard Haraty also of Longmeadow. The agreement settles numerous violations involving the following environmental regulations: Asbestos, Solid Waste, Hazardous Waste, the Wetlands Protection Act and the Clean Water Act. The Town agreed to a Penalty in the amount of $250,000, of which $150,000 is suspended provided the Town remedies the violations, performs an environmental audit, establishes an environmental management system, undertakes a significant wastewater system replacement and avoids further violations of environmental regulations. In addition, Baron, who was the town's Engineer and Superintendent of Streets, Water and Sewer, and, Haraty, who is currently the Acting Superintendent of Public Works, each agreed to a penalty in the amount of $7,500.

5/18/05: DEP entered into a Consent Order with a $460 Penalty regarding Pine Hill Auto Repair, Inc. of Westport for Hazardous Waste and Title 5 (septic system) violations. The company owns a gasoline station with repair shop that DEP inspected on 4/13/05. The Order establishes an aggressive schedule for returning the facility to compliance: register as a generator of hazardous waste; implement proper management practices for oil and hazardous waste; and, upgrade the septic system.

5/17/05: DEP entered into a Consent Order with a $101,000 Penalty regarding the Callahan Company of Walpole for Waste Site Cleanup violations. The Environmental Strike Force determined that the company failed to report a release of approx. 1,300 gallons of acetone (subject to 2-hour notification) and failed to conduct Immediate Response Actions for discharge/release to air, groundwater, and surface water. The release occurred when a worker fell asleep while filling a tanker. The spill was not reported to DEP for 2 days. Remediation costs have exceeded $1 million to date. DEP agreed to suspend $10,000 of the Penalty provided the company draft and adopt Environmental Management System (i.e. have better training and response procedures in place).

5/17/05: DEP entered into a Consent Order with the town of Marion and End-Cap Technologies of Randolph concerning the closure and capping of the municipal 9-acre unlined/uncapped landfill at Benson Brook Road. The closure/capping will be performed in accordance with the DEP's unlined landfill closure guidelines and policy and use a combination of mildly-contaminated soils, dredge spoils and C&D "fines". The closure/capping process will be accomplished over a three (3) year period (i.e. two years to fill, grade and shape; one year to cap).

5/16/05: DEP executed a Consent Order with a $7,500 Penalty involving Lowe's Companies, Inc., for Hazardous Waste violations at its Massachusetts facilities. DEP determined during a February, 2005 inspection at one of the company's locations, (1600 Boston Road in Springfield) that violations of the state's hazardous waste regulations existed. DEP then began a review of records for the other Lowe's facilities. Lowe's, which is based in Mooresville, NC, conducted a voluntary internal audit and on 3/25 and 4/1, self-disclosed that noncompliance with hazardous waste regulations existed at its other facilities statewide. In addition to the Penalty, Lowe's will implement an Environmental Management System, which is the development and implementation of Best Management Practices in order to keep its facilities in compliance in the future.

5/16/05: DEP issued a Unilateral Order to the Whitinsville Water Company in Northbridge for Wetlands violations. The company is ordered to cease and desist from ongoing violations including clear-cutting of approximately two acres of Riverfront Area (within 10 feet of the Blackstone River in some areas) adjacent to the Blackstone River, dredging of approximately 500 linear feet of Bank of an unnamed stream and filling of an undetermined amount of bordering vegetated wetlands associated with the stream and the Blackstone River. DEP viewed the site with the local Conservation Commission on May 4 and again on May 16 and observed the violations. The Order also requires the preparation of a wetlands restoration plan.

5/16/05: DEP entered into a Consent Order with a $11,676 Penalty involving Shaheen Husain for Waste Site Cleanup violations on property located at 74 LeBaron Road in Essex. Husain failed to submit a Tier Classification, Phase Reports and achieve a Response Action Outcome (RAO) within the established deadlines. Under today's Order, new deadlines require he submit an RAO no later than 4/30/09. DEP agreed to a payment schedule, requiring final payment of the Penalty on or before 5/16/06.

5/11/05: DEP issued a Unilateral Order to Richard and Donna Latino of Brookfield for Wetlands violations. Using color infrared aerial digital photography and computer technology (DEP's Wetland Change Initiative), the Site was identified as having significant wetland changes since 1997. DEP thereafter conducted a site inspection on 12/2/04 with the Latinos and a Brookfield Conservation Commission representative in attendance and noted the violations. Today's Order requires the Latinos to prepare a wetlands restoration plan. 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.

5/11/05: DEP executed a Consent Order with a $16,000 Penalty regarding Resource Control, Inc. (a subsidiary of Waste Management, Inc.), for Wetlands violations that took place at the Fitchburg/Westminster landfill. Armed with information obtained through the use of infrared aerial digital photography, DEP representatives conducted an inspection of the facility in April 2004 and observed that activities associated with the expansion, construction and operation of the landfill had eliminated wetland resource areas. DEP personnel confirmed that more than one-acre area of bordering vegetative wetlands and associated stream bank had been filled. In addition to the Penalty, the Order requires a wetlands restoration and replication plan that will result in replacement of the filled wetlands.

5/11/05: DEP issued a Unilateral Order to Lawrence Westgate Jr. of Middleborough for Wetlands violations at Westgate Property of 250 Everett Street in Middleborough. The violations consisted of filling a wetland resource area/buffer zone without filing a Notice of Intent. The Order requires Mr. Westgate to immediately cease and desist from all unpermitted wetland resource area activities and to file for a Notice of Intent within thirty (30) days with the Middle borough Conservation Commission 5/10/05: DEP executed a Consent Order with a $40,000 Penalty regarding C.R. Bard of Billerica for Water Pollution Control violations. Today's Order follows last year's Consent Order with Bard, a manufacturer of surgical materials. The previous Order, from December 2004 was necessary after DEP determined that perchlorate in Bard's manufacturing process was passing via its wastewater discharge into the Billerica wastewater treatment plant into the Concord and the Merrimack rivers, and eventually impacting Tewksbury's drinking water supply. Today's Order is based on two incidents in March/April 2005 when Bard discharged wastewater prior to confirmatory samples showing perchlorate at acceptable levels. While sampling results did eventually confirm that perchlorate levels in both unauthorized discharges were below the required limits, Bard made false and misleading statements in connection with the discharges to the sewer system.

5/10/05: DEP executed a Consent Order with a $1,500 Penalty involving Lowell Corporation involving West Boylston for Hazardous Waste violations. During a routine inspection, it was found that the company accumulated more Waste Oil than authorized by their registered status, failed to post a sign and mark its Waste Oil accumulation area, and failed to adequately label Waste Oil containers.

5/9/05: DEP issued a $4,660 Penalty Assessment Notice to Al Grimaldi Oil and Burner Service of Springfield for Air Quality (Stage II vapor recovery) violations. The violations were discovered during a DEP inspection of the Allen Street facility on 8/25/04. Following the inspection, DEP issued a Notice of Noncompliance for the violations, which a subsequent inspection (on 11/3/04) revealed had not been remedied as well as additional violations.

5/9/05: DEP entered into a Consent Order with a $65,000 Penalty involving John L. Melville, 8 Pine Street of Middleboro for Wetlands violations and Water Management Act violations. DEP determined the violations by using Geographic Information System (GIS). Melville altered over 4.65 acres of bordering vegetated wetland, 0.25 acre of land under water, along with working in other resource areas without the necessary wetlands permits. It was also determined that Melville cultivates over 27 acres of cranberry bogs without a Water Management Act permit. Today's Order requires Melville to restore and replicate the impacted wetlands, apply for a Water Quality Certificate, and apply for a Water Management Act permit. DEP agreed to suspend $60,000 of the Penalty provided Melville comply with the Order.

5/9/05: DEP issued a $47,150 Penalty Assessment Notice to Ranger Inc. of Fitchburg for Air Quality (Asbestos) violations. DEP determined that Ranger, a construction and demolition company headquartered in Sutton, violated asbestos regulations during a demolition project in Fitchburg in July 2004. Ranger's violations included failure to notify the Department and failing to employ methods to prevent emissions to the ambient air.

5/9/05: DEP issued a $34,500 Penalty Assessment Notice to the town of Sudbury for Solid Waste violations in failing to report excessive methane gas at the town's landfill (10% above the lower explosive limit in utility manhole and 25% above the threshold at the property's boundary). The exceedences - and failure to notify the DEP within two hours as required - took place in late 2003 and were later revealed in a filing with the DEP in 2004.

5/6/05: DEP issued a Unilateral Order to Dana Blackman of Marshfield for Wetlands violations. DEP determined that Blackman was responsible for the alteration of a stone revetment and the fill of approx. 200 s.f. of salt marsh without any permits from Marshfield Conservation Commission. DEP's Order requires the violator to immediately cease and desist from any activity within jurisdiction of the Wetland Protection and within thirty (30) days file a Notice of Intent with the Marshfield Conservation Commission.

5/6/05: DEP issued a Unilateral Order to Arthur Walker of Marion for Wetlands violations. DEP determined that Walker was responsible for cutting of wetland vegetation and installing fence posts within a bordering vegetated wetland without any permits from the Marion Conservation Commission. The Order required the violator to cease and desist from any activity within jurisdiction of the Wetland Protection Act and within forty-five (45) days upon receipt of the Order file a Notice of Intent with the Marion Conservation Commission.

5/6/05: DEP entered into a Consent Order with a $38,000 Penalty regarding Joseph Pizziferri for Waste Site Cleanup violations at 31-39 Allerton Street in Roxbury. Pizziferri failed to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established by DEP. New deadlines require the submittal of an RAO by 7/15/06. DEP agreed to suspend $15,000 of the Penalty provided all terms of the Order are met.

5/6/05: DEP entered into a Consent Order with a $4,000 Penalty involving Patricia Pike for Wetlands violations at a Walnut Street property in Lynn. DEP determined during an inspection on 3/29/04 that 700 feet of bordering vegetated wetlands and a portion of the buffer zone had been filled with soil, rock and wood debris. Pike agreed to restore the impacted area; DEP agreed to suspend $1,500 of the Penalty provided all terms of the Order are met.

5/6/05: DEP entered into a Consent Order with Emilien Verrette for Waste Site Cleanup violations at 34 Railroad Ave in Peabody. Verrette, owner of the site, failed to submit timely cleanup reports, including the Response Action Outcome (RAO) within the established deadlines. New deadlines have now been set to return the site to compliance with an RAO due no later than 2/1/06.

5/6/05: DEP executed a Consent Order with a $7,360 Penalty regarding James Baker of Brimfield for Wetlands violations. DEP determined that a bordering vegetated wetlands had been filled. Upon inspection, DEP noted that a BVW had been filled by plowing of a driveway and through run off of a surface drain. The Consent Order suspends the entire $7,360 penalty provided that Mr. Baker submits a restoration plan.

5/6/05: DEP entered into a Consent Order with the payment of $15,000 for a Stipulated Penalty regarding Arthur C. Lamb Co. at 61 & 85 Jackson Street in Canton. Payment of the Penalty is for Lamb's failure to comply with a prior Order issued on 2/4/03. Lamb failed to submit cleanup documents as required by the earlier Order in which he had agreed to pay the Commonwealth a Stipulated Penalty of $1,000 per violation per day if any terms or requirements were violated. On 3/30/05 DEP issued a draft Demand for Payment of Stipulated Penalties to Lamb for violating the previous Order. Subsequent discussions resulted in today's Order, which supersedes the prior Order and re-establishes final deadlines in addition to the Penalty.

5/5/05: DEP entered into a Consent Order with Genzyme Corp. of 1 Mountain Road in Framingham. Today's Order formalizes the shutdown of an infectious waste incinerator. Previously, compliance testing had indicated the unit could not meet emission limitations. Should the company wish to re-start the unit, it must now submit request for approval using Best Available Control Technology.

5/5/05: DEP issued a Unilateral Order to Pine Street Landfill in Canton for Solid Waste violations. The town is required to submit an immediate response action plan to address the exceedence of methane gas above the lower explosive limit in monitoring wells and inside the barrel of a fire hydrant adjacent to the landfill. Tests at an adjacent condominium residence and a town recreation office were non-detect, but the town must submit a plan that will abate the other exceedences.

5/5/05: DEP entered into a Consent Order with an $8,750 Penalty regarding Discover Marble and Grant Inc. The company was cited for Air Quality, Industrial Wastewater and Environmental Results Program violations regarding its former manufacturing facility at 12-D John Road in Sutton. Discover is a manufacturer of stone counter tops currently based in Millbury. DEP discovered the violations while responding to a complaint from local officials of strong chemical odors at the Sutton site. Members of the Sutton Fire Department and Board of Health assisted DEP (Emergency Response & Strike Force) in identifying the pollution sources and assessing health and safety risks. During inspections conducted in May and June of 2004, DEP determined that the Company had caused a condition of air pollution (dust) and directly discharged industrial wastewater without a permit to a storm drain system leading to surface water. Additionally, inspectors found that the Company installed an industrial wastewater holding tank without submitting a holding tank certification.

5/4/05: DEP entered into a Consent Order with a $19,375 Penalty involving Mykrolis Corp. of 80 Ashby Road in Bedford for Air Quality violations. During review of the facility's compliance reports, violations of the facility's twelve-month rolling period for volatile organic compounds (VOC) emission limitation were determined. The company has agreed in the Order to employ pollution prevention principles to attain compliance with the facility's VOC limits.

5/4/05: DEP issued a $500 Penalty Assessment Notice to Wood Waste of Boston located in Everett for Solid Waste violations. Wood Waste failed to submit an annual facility report as required and failed to respond to a Notice of Noncompliance that DEP issued on 5/28/04 regarding this matter.

5/4/05: DEP entered into a Consent Order with a $45,728 Penalty involving Pezzi Service Center in Chelsea for Hazardous Waste and Air Quality violations. DEP determined that Pezzi was improperly storing waste-oil and tires. In addition the facility's Stage II (vapor recovery) equipment was found to be in violation. DEP agreed to suspend $43,628 of the Penalty provided the facility is brought into compliance and all terms of the Order are met.

5/3/05: DEP issued two Unilateral Orders regarding Wetlands violations at Shadowbrook Estates Condominiums in South Hadley, one to the Trustees and one to Marion Contracting, which was doing work at the site. After a request from town officials for enforcement assistance, DEP inspected the site on 4/27/05. DEP observed (during this rain event) that the site was completely open to the elements and undergoing erosion with resulting sedimentation impacting Buttery Brook and a 4-acre downgradient pond. Both Orders require the site to be stabilized. In addition, DEP issued two $50,000 Penalty Assessment Notices to each of the parties.

5/3/05: DEP executed a Consent Order with a $55,895 Penalty involving Barbara Gunter of Millville for Air Quality (Asbestos) violations. DEP observed during an inspection that asbestos shingles and household hazardous wastes, generated as part of a residential demolition, being stored on property owned by Gunter. In addition to failing to notify the DEP, Gunter allowed the handling of asbestos-containing material, failed to properly wet, seal, label, and properly store asbestos waste materials. DEP agreed to suspend $55,595 of the Penalty based financial hardship. The proper removal and disposal of the asbestos and hazardous waste has been achieved.

5/3/05: DEP entered into a Consent Order with a $6,500 Penalty regarding Lessard Environmental Inc. for Waste Site Cleanup violations at a gasoline-contaminated site in Lynn. Lessard, which is based in Danvers, stated in a September 2004 filing with DEP that a stockpile of contaminated soil had been properly removed and disposed in the early 1990s. Lessard did not have adequate verification of that fact. It was later acknowledged that the contaminated soil stockpile had been inappropriately spread over the site prior to Lessard's involvement. With proper level of diligence by Lessard, this fact should have been detected. A separate enforcement action against the PRP is pending.

5/2/05: DEP lifted a Boil (water) Order for Nine Acre Farm located on Sudbury Road in Concord. The Farm's boil order, which had been in place for this public water supplier after it reported total coliform bacteria in early April, was lifted after the Farm notified BRP it had connected to the Concord Water Department to provide its potable water.

5/2/05: DEP entered into a Consent Order with a $40,000 Penalty involving G. Mello Disposal Corp. of Georgetown for Solid Waste violations. DEP inspected the transfer station run by Mello in July 2004, and determined the violations included the receipt of solid waste in excess of their permit, and operations inconsistent with the Operation & Maintenance (O&M) plan. The Order requires Mello to return to compliance, and submit a new O&M plan. Mello took prompt action after the inspection to comply, and DEP agreed to suspend $30,000 provided there are no repeat violations within one year. Mello also agreed to complete a Supplemental Environmental Project (SEP) at a cost of $5,000 to provide free waste collection and recycling services to the Georgetown School District.

5/2/05: DEP issued a Unilateral Order to Allyn Jones for Waste Site Cleanup violations at property he owns in North Brookfield. Jones failed to meet deadlines for submitting reports on the cleanup. The Order was necessitated by Jones unwillingness to provide information to the DEP.

5/2/05: DEP executed a Consent Order with a $7,500 Penalty involving with Kris Realty Trust of Shrewsbury for Waste Site Cleanup violations. A release of waste oil at the Meineke Muffler facility, at 507 Boston Turnpike in Shrewsbury occurred in March 2003; a concerned tenant of the property alerted DEP that an employee of Meineke Muffler while snowplowing hit and caused to spill a waste oil drum that impacted the pavement and the abutting wetland. The owner failed to notify the DEP of the release within 2-hours of obtaining knowledge, failed to perform appropriate response actions to contain and cleanup the spill and failed to manage waste materials. In addition to the Penalty, the company will conduct a pollution prevention assessment of its facilities and prepare a written brochure to be delivered to all Meineke franchisees in Massachusetts on the need to develop and implement appropriate contingency plans.

5/2/05: DEP entered into a Consent Order with Highway Mobil Service, Inc. of Seekonk for Waste Site Cleanup violation. DEP had already issued a Notice of Noncompliance in July 2004 for failure to meet deadlines in connection with the cleanup of a reported release from1989. At that time, an environmental assessment of the property confirmed that soil and groundwater had become impacted by petroleum hydrocarbons. After issuance of the NON, the responsible party requested additional time to complete the cleanup and today's Order establishes new deadlines. The ACO includes stipulated penalties, should the property owner fail to perform a

April 2005

4/29/05: DEP entered into a Consent Order with a $5,750 Penalty regarding the Sheffield Transfer Station for waste site cleanup violations. The town submitted late notification of a hydraulic oil spill at its transfer station on Barnum Road in Sheffield. The release occurred on 10/9/04, and was discovered by a DEP inspector during an unannounced compliance inspection performed on 10/13/04. The release was determined to be in the 20-30 gallon range. Town officials, upon being advised of the violation, immediately retained a contractor to clean up the spill. The town has now agreed to prepare emergency response procedures for all its agencies, and retrain employees on responding to releases of oil and hazardous materials. DEP agreed to suspend $4,750 of the Penalty provided all terms of the Order are met.

4/28/05: DEP entered into a Consent Order involving Silva's Tire Depot Inc. located at 383 Cabot Street, Beverly for Waste Site Cleanup violations. Silva's failed to finish the cleanup within the established deadline, five years. Silva agreed to submit a Response Action Outcome Statement (no further action) by 2/25/07; DEP agreed to impose stipulated penalty of $1,000/day/per violation if all terms of the Consent Order are not met.

4/28/05: DEP issued a Notice of a Demand for Payment of $1,000 to KMKJ Realty Inc. of Springfield for part of a previously suspended Penalty. Today's Demand for Payment was due to KMKJ's failure to submit waste site cleanup reports (a Tier Classification and Phase I Report) by specified deadlines. On 3/4/03 DEP entered into a Consent Order with KMKJ and at that time agreed to suspend $8,500 of a $10,500 penalty contingent on compliance.

4/27/05: DEP issued a boil order for Nine Acre Farm at 1637 Sudbury Road in Concord. The Farm reported repeated detections of total coliform bacteria in the water supply. The Farm, which is owned by Taranto Realty Trust, operates a small variety store, and is a DEP-approved public water supply system (transient non-community).

4/27/05: DEP issued a second Unilateral Administrative Order to J.P. Rentals, of East Longmeadow for ongoing noncompliance to a DEP Order (regarding wetlands violations) issued on 3/30/05. The latest violations involve the company's response to a day of rain on 4/23/05. DEP inspected the site and confirmed that the a portion of the erosion and sedimentation controls were improperly installed, resulting in an ongoing discharge of reddish brown turbid muddy water storm runoff directly to an adjacent brook.

4/26/05: DEP executed a Consent Order with a $9.250 Penalty involving Boston and Main Corporation for hazardous waste violations at its facility in East Deerfield. B&M, with offices located in North Billerica, was cited for hazardous waste management violations discovered during a DEP inspection on 6/30/04. Waste oil had been stored at this facility in excess of the time limit allowed under state regulations. As part of the settlement agreement, Boston & Maine has agreed to implement measures to prevent this violation from reoccurring.

4/26/05: DEP entered into a Consent Order with a $500 Penalty regarding solid waste violations at the Holland Landfill. The town was cited for failing to address environmental monitoring violations at the closed solid waste landfill on East Brimfield Road. In addition to the Penalty, the town will be required to meet strict deadlines with respect to future environmental monitoring at the landfill.

4/25/05: DEP entered into a Consent Order with a $11,736 Penalty involving General Sandblasting Co., for hazardous waste and air quality violations. A multi-media inspection revealed the company exceeded hazardous waste accumulation amounts allowed for a VSQG, failed to submit an accurate and complete source registration, and failed to comply with the permitted operating conditions. Today's Order ensures compliance with regulations including the installation of a powder coating line to decrease their volatile compound emissions. The total estimated cost of the equipment is $100,000. DEP agreed to suspend $5,868 of the Penalty provided all terms of the Order are met.

4/25/05: DEP issued a Demand Letter for $16,000 payment from Lakeside Restaurant in Cheshire. DEP issued the demand for payment after having already issued a notice of noncompliance to this public water system for noncompliance with a previous order.

4/22/05: DEP entered into a Consent Order with Marel Inc. for Waste Site Cleanup violations at 420 Watertown Street, Newton. Marel, which owns the site, failed to complete the cleanup of the site, Central Drapery Cleaning and Dry Cleaning, within the established deadline, five years. A compliance schedule is established under today's Order, which also stipulates penalties of $500/day/per violation if all terms of the Order are not met.
4/22/05: DEP executed a Consent Order with a $64,725 Penalty regarding Derek J. and Susan A. Franks of Fitchburg for Air Quality (Asbestos) violations. During an inspection, the DEP observed heating system pipes covered with dry, friable asbestos insulation on the ground in a pile behind the residence. The pipes had been removed from the basement of the residence as part of demolition and renovation work conducted by Mr. Franks. DEP agreed to suspend the entire Penalty based on a review of financial information provided by the Franks, which indicates the existence of financial hardship conditions.

4/22/05: DEP executed a Consent Order with a $14,000 Penalty involving Worcester Paradise Point Realty Trust in Worcester for wetlands violations. The Trust failed to prevent erosion and sedimentation to Poor Farm Brook at their subdivision project off East Mountain Street in Worcester. The Order requires the owner to prevent further violations and to submit a wetlands restoration plan within 60 days and a fisheries inventory and habitat evaluation within 90 days.

4/22/05: DEP entered into a Consent Order with Marel Inc. for waste site cleanup violations involving Central Drapery & Dry cleaning located at 420 Watertown Street in Newton. Marel ' as the owner of the site - agreed to bring the facility into compliance, i.e., submit a Tier II Transfer and Tier II Extension within thirty days, and file with DEP the additional (final) cleanup reports within one year. The Order establishes a $500/day stipulated penalty if Marel fails to meet the terms.

4/22/05: DEP entered into a Consent Order with a $35,725 Penalty regarding Aspen Aerogels Inc. for Air Quality violations in Northborough and Hazardous Waste and Industrial Wastewater violations in Marlborough. While reviewing a permit application for the company's production facility in Northborough, a DEP inspection revealed the equipment had already been installed and operated. Another inspection of the Research and Development facility in Marlborough
revealed Hazardous Waste Management and Industrial Wastewater violations. Of the $35,725 Penalty, $5,270 is for back (Hazardous Waste) compliance fees.

4/21/05: DEP entered into a Consent Order with a $690 Penalty involving Max Motors, Inc. d/b/a Somerset Chrysler Jeep in Somerset. The company was cited for hazardous waste violations. Somerset Chrysler Jeep is a car dealership with an auto repair shop and agreed to establish an aggressive schedule to bring the facility into compliance regarding proper management of oil and hazardous waste. The facility must also conduct an evaluation to determine the discharge location of its on-site oil/water separator.

4/21/05: DEP executed a Consent Order with a $690 Penalty involving Max Foreign Cars, Inc. d/b/a Somerset Subaru in Somerset. The company was cited for hazardous waste violations. Somerset Subaru is a car dealership with an auto repair shop and agreed to establish an aggressive schedule to bring the facility into compliance regarding proper management of oil and hazardous waste. The facility must also conduct an evaluation to determine the discharge location of its on-site oil/water separator.

4/20/05: DEP executed a Consent Order with a $5,750 Penalty regarding Hendrickson Advertising, Inc. of Sterling for discharging Industrial Wastewater (screen printing wastewater) to an on-site septic system. DEP agreed to suspend $5,450 of the Penalty under application of the Small Business Policy and pending compliance.

4/20/05: DEP entered into a Consent Order with a $24,732 Penalty involving Advance Coatings Co. of Westminster for Air Quality, Industrial Wastewater and Toxics Use Reduction Act violations. An inspection was performed at the company after strong odors were detected coming from floor drains in companies located down stream from Advance Coatings. The odors were traced back to Advance Coatings and were caused by a broken pipe in a pretreatment unit causing partially treated industrial wastewater to discharge directly to the sanitary sewer system. DEP agreed to suspend $14,732 of the Penalty provided all terms of the Order are met.

4/20/05: DEP entered into a Consent Order with a $5,750 Penalty regarding Hendrickson Advertising, Inc. of Sterling for industrial waste water violations. The company discharged screen-printing wastewater to an on-site septic system, a violation. Under terms of the DEP's Small Business Policy, $5,450 of the penalty is suspended pending compliance with the Order.

4/19/05: DEP entered into a Consent Order with a $38,000 Penalty involving R.M. Technologies of Lawrence for Asbestos violations. DEP determined violations at work sites in South Boston, Somerville and Sudbury involving failure to notify as well as improper removal practices involving asbestos-containing material.

4/15/05: DEP entered into a Consent Order with the city of Taunton to address water pollution violations that resulted in the discharge of sewage to the Mill River in Taunton. Under the Order, Taunton will perform two Supplemental Environmental Projects (SEP) that are valued at $38,000 and $70,000. The two SEPs include mapping the sewer system on a geographic information system and three years of flow-gauging and monitoring of the Taunton and Mill Rivers. Further, the Order requires Taunton to make significant improvements to their sewer system, e.g. eliminate inflow and infiltration, upgrade aging infrastructure and maintain adequate staff and budget for these purposes. It also requires the City to study their user rates and make recommendations to modify them as necessary

4/15/05: DEP entered into a Consent Order with a $25,000 Penalty involving the town of Saugus for Water Pollution Control violations. DEP determined during a wet weather inspection last fall that the town was discharging from a pump station that had not been approved. The discharges of sanitary sewer overflows were into an Area of Critical Environmental Concern, the Rumney Marsh. In addition to the Penalty, the town will adopt a sewer-bank, which demonstrates the removal of 10 gallons of infiltration from the system before each 1 new gallon is added. The town will be allowed a 'credit' of 500 gallons to this bank for each sump pump removed from the sewer system. The town must also submit to the DEP a management plan that will demonstrate how the town will upgrade the Lincoln Street Pump Station and minimize overflows.

4/15/05: DEP entered into a Consent Order with an $20,000 Penalty regarding Niakaros Realty Trust for waste site cleanup violations at 1402 Centre Street in Roslindale (Boston). Niakaros failed to submit cleanup reports (Phase II, III, IV and RAO reports) within established deadlines. Today's Order establishes a compliance schedule for completion of necessary response actions. DEP agreed to suspend $12,000 of the Penalty provided all terms of the Order are met.

4/14/05: DEP issued a $2,950 Civil Administrative Penalty to Garden Family Shows Inc. a traveling carnival company based in Sarasota, Fla. The company was cited for originally on 8/8/03 when DEP was notified of a diesel fuel release to a roadway from a truck accident in Worcester. The truck was owned and operated by the Garden Family Shows. The Department required the company to hire a licensed contractor to cleanup the release. The company was unable to promptly respond. As a result, the Department hired a state contractor to complete the cleanup actions. The company has since failed to complete the necessary documentation or respond to the Department's notices regarding its obligations.

4/14/05: DEP entered into a Consent Order with a $250,000 Penalty involving New Ventures Inc. (NVI) for solid waste violations at the Crowe Lane Landfill in Newburyport. NVI is the private contractor closing and capping the landfill and was cited for violations of the approved closure plan. Of the total $250,000 penalty, $75,000 is payable within 30 days, while the balance will be suspended if all terms of the Consent Order are met. NVI must take significant control measures that will more effectively manage the project, including: a Leachate Control Plan; and, a Landfill Gas System and Odor Control Plan that includes the phased installation of an active landfill gas extraction and treatment system

4/13/05: DEP entered into a Consent Order with Sterling Realty Trust for Waste Site Cleanup violations at 214 Elm Street Facility in Westfield. The Trust was cited for its failure to select a remedial action alternative that is likely to result in a Permanent Solution at the site and failure to adequately support their Remedy Operation Status Opinion. DEP's Order now establishes a compliance schedule for completion of necessary response actions, including implementation of a more aggressive approach to cleaning up the high-chlorinated VOC concentrations that are still present at two areas on the site.

4/13/05: DEP issued a Unilateral Administrative Order to Frank Podlenski of Northfield for placement of fill within the 100-year floodplain of the Connecticut River. Podlenski, a farmer who had been working in the area, did not file a notice of intent, nor did he receive an order of conditions allowing the work. Today's Order requires Podlenski to cease and desist from bringing additional soil to the site. He is further required to stabilize the site with adequate sedimentation and erosion controls and to remove the soil brought into the floodplain.

4/8/05: DEP entered into a Consent Order with a $5,000 Penalty involving 111 May Street Realty Trust in Lawrence for waste site cleanup violations. The Trust failed to take timely response actions under the MCP. The Trust agreed to complete the necessary response actions, and, the DEP agreed to suspend $5,000 of the Penalty provided all the terms of the Order are met.

4/8/05: DEP entered into a Consent Order with a $5,000 Penalty regarding Joseph Ruggiero for waste site cleanup violations at 181 North Washington Street in Boston. Ruggiero failed to remediate petroleum contamination at this location. The site was originally reported in 1995. In February 2004, DEP issued a Notice of Noncompliance for failing to complete the cleanup, and in November 2004, DEP initiated higher-level enforcement that has now resulted in today's Order.

4/8/05: DEP entered into a Consent Order with a $25,000 Penalty involving First Student Inc. (FSI) of Framingham for waste site cleanup and air quality violations. FSI operates school buses throughout the state and on 4/4/04 an FSI employee overfilled a diesel tanker truck at their Framingham facility, resulting in a discharge of 100+ gallons of diesel fuel into a storm drain. Some of the diesel fuel entered a brook and subsequently entered the MWRA's Foss Reservoir, an emergency water supply. FSI did not notify DEP of the release, which was reported to DEP by an abutting business. DEP performed emergency response actions, and FSI then performed further Immediate Response Actions and submitted a final cleanup report (Response Action Outcome). In September 2004, DEP inspectors observed FSI buses violating the state's vehicle idling regulations. A total of 15 idling violations were observed. To address the idling violations and the April 4 incident, DEP and FSI entered into today's Order.

4/6/05: DEP issued a Unilateral Administrative Order to Hersee Excavating Services for water quality violations at the Village at Ames Pond in Stoughton. Hersee was cited for the unpermitted discharge of storm water resulting in the runoff of sediments from the Village at Ames Pond construction site to Ames Pond. The Order requires Hersee to cease and desist from any unauthorized discharges. Additional Department actions will address the cleanup of the sediments in Ames Pond.

4/6/05: DEP issued a $17,250 Administrative Penalty to DB Marketing Company, Inc. of Greenfield & East Longmeadow for waste site cleanup violations. DB failed to maintain Remedy Operation Status (ROS) at the Greenfield and East Longmeadow Sites. The remedial systems at both of these locations had been shut down without notification to or prior explanation to the DEP. Failure to notify the DEP of the system shut downs and failure to provide plans and a timetable to correct the system failures are violations. A Unilateral Order was also issued to DB Marketing, Inc., for both locations, requiring that the failure of the remedial systems be corrected and that documentation of that be submitted to the DEP.

4/4/05: DEP issued a Demand Letter for a $4,000 Payment to Lakeside Restaurant in Cheshire. This public water system has not remained in compliance with an Administrative Consent Order that required certain actions to protect the public water system and its source.

4/4/05: DEP issued an $8,700 Penalty Assessment Notice to Keith LaFlamme due to air quality (asbestos) violations at a two-family residence in Longmeadow. Following a Springfield Police Department complaint of asbestos waste found in a Springfield dumpster, DEP determined during its investigation that in the spring of 2003, LaFlamme was hired by the Longmeadow property owner to assist with renovations that involved the replacement of boilers and heat piping systems in both basements of rental property. Some asbestos waste was disposed of in the Springfield dumpster. A Penalty and Order have also been issued to the owner of the Longmeadow property.

4/4/05: DEP entered into a Consent Order with a $2,590 Penalty regarding the city of Newburyport for water supply violations. Newburyport failed to notify DEP within one business day of turbidity (cloudiness) violations in the city's drinking water. The city agreed to implement a plan to prevent a recurrence and perform public notification. DEP agreed to suspend $1,295 of the Penalty provided the city comply will all terms of the Order.

4/4/05: DEP entered into a Consent Order and a Settlement Agreement with Shirley Moccio, an owner of property at 91 Ramah Circle in Agawam for waste site cleanup violations. The property, which previously had been Ken Rick's Auto Repair, has been a long outstanding non-responder case. Moccio agreed to complete response actions at the site in a timely manner. Since 2003, the Department has issued two penalties to Moccio for failure to undertake response actions at this site. The first penalty of $7,000 was assessed in 2003 and the second penalty of $30,000 was assessed in 2004. The Settlement Agreement, which resolves Moccio's appeal of the penalty assessment, proposes to suspend the $30,000 in its entirety if response actions are taken as agreed to in the ACO. The initial penalty assessment of $7,000 was not appealed, and has

March 2005

3/31/05: DEP entered into a Consent Order with the City of Brockton for Water Management Act violations. Brockton Park's Department operates DW Field Golf Course and withdraws water from a natural pond to irrigate 100 acres of turf at the course. The Park's Department will be required to file for a WMA Permit and install water meters at each withdrawal point.

3/31/05: DEP executed a Consent Order with the Belchertown Water District for Water Supply violations. The District experienced repeated bacteria problems and currently has a temporary disinfection effort serving a portion of the District. The District will be required to install permanent disinfection to ensure no recurrence of bacteria problems

3/30/05: DEP entered into a Consent Order with a $33,362 Penalty involving Alpine Construction Company for Asbestos violations in Marlborough. The Order was issued to Steven G. Johnson and Paul Johnson d/b/a Alpine Construction Company of Wayland. DEP inspected a renovation removal project in Marlborough, where the violations were observed: improper handling of asbestos containing material; failure to notify DEP of a demolition/renovation operation involving asbestos; failure to use proper methods of capture and containment; and, the failure to properly wet, seal, label, and dispose of asbestos waste materials. DEP agreed to suspend $30,862 of the Penalty based on financial hardship conditions.

3/30/05: DEP executed a Consent Order with a $28,125 Penalty regarding Economic Enviro-Techs, Inc. for Air Quality (Asbestos) violations in Worcester. DEP determined during an inspection that the company, which is based in Leominster, was found to have caused or allowed the improper handling of asbestos-containing material. Under DEP's 'Small Business Policy' the DEP agreed to suspend $22,125 of the Penalty provided all terms of the Order are met.

3/30/05: DEP entered into a Consent Order with a $95,000 Penalty involving Bradford Industries of 75 Rogers Street in Lowell for Air Quality violations. The company, which operates a surface coating operation, allowed nuisance particulate matter to occur in the neighborhood surrounding the facility. An afterburner that controls volatile organic compounds (VOC) emissions from Bradford's coating line, has periodically failed to perform properly causing visible particulate emissions. Bradford will now install a baghouse air pollution control device to capture particulate emissions from this coating line, which employs VOC and silicone based coatings, so as to mitigate particulate matter. Based on Bradford's demonstrated financial hardship, DEP has agreed to suspend $90,000 of the Penalty provided all terms of the Order are met.

3/30/05: DEP entered into a Consent Order with a $17,399 Penalty involving Premier Fuels Corporation of Shrewsbury. The company violated state regulations following a release of fuel oil on 5/3/04 at Grafton Street in Shrewsbury. Approximately 30 gallons of #2 fuel oil was released when a fuel oil filter, installed by Premium Fuels Corp., failed following a delivery and maintenance work at the above location. Oil leaked onto the basement floor, into a sump and impacted soil at the residence. The company failed to notify DEP of the release within the required two hours and failed to conduct cleanup activities in a timely manner, leaving the occupants at risk. The company has since submitted a spill contingency plan in an effort to ensure an appropriate and prompt response to future events. In addition, Premium has completed the cleanup activities. DEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.

3/30/05: DEP executed a Consent Order with a $1,640 Penalty involving Fruitlands Museum located in Harvard for Drinking Water violations. Fruitlands voluntarily reported its failure to register as a public water supply to DEP and the local Board of Health. In March of 2005, DEP personnel inspected the facility and identified all wells on the property to determine what steps were necessary for compliance. The Museum has agreed to the Order requiring registration and operation of the existing wells as a Public Water Supply under the direction of a certified water supply operator. The facility has contracted with a certified operator and conducted the required water quality monitoring.

3/30/05: DEP entered into a Consent Order with a $6,000 Penalty involving William & Barbara Kanuse of12 Osprey Drive in Berkley for Rivers/Wetlands violations. The Kanuses ' working without a permit ' placed a significant amount of stone riprap in order to construct a fire pit and stairway, and installed a floating pier. DEP's Order requires removal of portions of the stone with restoration to occur on a majority of the area. DEP agreed to suspend $5,000 of the Penalty once a successful completion of restoration of the disturbed Riverfront Area and Coastal Bank is completed.

3/30/05: DEP issued a $14,990 Penalty Assessment Notice to J.P. Rentals Inc of East Longmeadow for Wetlands violations. The company is the developer of a residential sub-division, and was cited for violations of the Final Order of Conditions issued by the local Conservation Commission. The violations relate to erosion at the site and the discharge of sediment to a Bordering Vegetated Wetland. The Order requires that J.P Rentals cease the discharge into the wetlands and stabilize the site.

3/30/05: DEP issued a $30,000 Penalty Assessment Notice to the (2) owners of the former Tremblay Barrel located at 129 Bridge Street in Hatfield. The owners were fined $30,000 each by the DEP for failure to undertake required response actions involving the assessment and removal of oil and hazardous material at the property. Response actions necessary to remediate the site have not been conducted despite the issuance by DEP of Notices of Noncompliance in 1998. In addition, on 5/13/03, DEP issued a Notice to the owners requiring that assessment work be done and that 20 abandoned drums and their contents be removed. After the owners failed to take action, DEP, on 7/11/03 hired a contractor to remove the drums. The owners also repeatedly failed to undertake response actions even after the issuance by DEP of a Unilateral Administrative Order to do so in July 2004.

3/30/05: DEP entered into a Consent Order with a $5,700 Penalty regarding Dover Montessori School at 16 Sherwood Drive in Dover. The School failed to notify DEP of their proposed construction of a new public water supply to provide water to the day care facility. DEP agreed to suspend the Penalty provided all terms of the Order are met.

3/29/05: DEP executed a Consent Order with a $14,375 Penalty involving C.N. Wood Co. of Whately for Industrial Wastewater violations. The Company operates a heavy-equipment sales and service business at 102 State Road in Whately. DEP inspected the facility in April 2004 and found evidence that the Company was steam cleaning heavy equipment and discharging the effluent to the ground surface. The Company, which has cooperated with the DEP in addressing the noncompliance, has agreed to implement a management plan for its wash water. DEP agreed to suspend $3,375 of the Penalty provided all terms of the Order are met.

3/29/05: DEP executed a Consent Order with a $1,000 Penalty involving Bowdoin Construction Corp. for violations at Mountain Farms in Hadley. Bowdoin, which is based in Needham Heights on Reservoir Street, had failed to submit notification prior to construction/demolition activities as required. In addition to the Penalty, Bowdoin will institute proper management procedures to ensure that proper notification for all future work will occur as required.

3/28/05: DEP issued a Consent Order with a $55,000 Penalty regarding Advance Auto Stores Company, Inc. for Waste Site Cleanup violations at their facility on 50 County Street in Attleboro. Advance, an auto parts retailer based in Roanoke, Virginia, previously had been cited for failure to meet Interim Deadlines to correct violations associated with an Activity and Use Limitation (AUL) and to submit a revised Response Outcome Statement (RAO). Today's Order was issued for failure to correct the AUL, and conduct response actions at the Site in order to come into compliance based on additional violations identified during an audit by DEP.

3/28/05: DEP entered into a Consent Order with a $25,000 Penalty regarding Engineered Materials Solutions (EMSI) located at 39 Perry Avenue in Attleboro for wastewater discharge and treatment violations. EMSI had been transferring its waste to an unlicensed facility where the waste was treated prior to discharge. EMSI has agreed to the compliance measures necessary for proper permitting and licensing.

3/28/05: DEP entered into a Consent Order with a $22,500 Penalty involving Olympia Nominee Trust, located at 60 Olympia Avenue in Woburn for failing to achieve an RAO or ROS within five years or the effective date of the Tier IB permit or by the deadline set by an amended NON. The Order established a compliance schedule for completion of necessary response actions. DEP agreed to suspend $15,000 of the penalty provided all terms of the Order are met.

3/25/05: DEP executed an Amendment to an existing Consent Order with Blandford Water Dept. in Blandford for Water Supply violations. Under terms of the Amendment, the Blandford Water Dept. will address the exceedance of the Maximum Contaminant Level for Total Trihalomethanes (byproducts of the disinfection process) and for failing to meet the date by which the filtration plant was required under a prior consent order to be in operation.

3/25/05: DEP issued a Do Not Drink Order to Dwight Station Mini-mart located in Belchertown. The facility was recently registered as a public water system as it serves a store and two residential apartments. The bacteria monitoring history had been unknown until recent detection. The facility's well and system will be disinfected; and a sanitary survey will be conducted.

3/24/05: DEP modified an existing Consent Order involving Terranova's Market located in Otis. The modified Order revises submittal dates for Response Actions under Waste Site Cleanup (i.e. a Phase II Report, Phase III Plan, and Phase IV Plan or RAO) for the cleanup, or remediation, of the site.

3/24/05: DEP executed a Consent Order with a $7,000 Penalty regarding SatCon Technology located in Marlborough for Hazardous Waste violations. The company stored Hazardous Waste longer than authorized by their status, and failed to comply with other Hazardous Waste/Waste Oil accumulation and container management standards.

3/24/05: DEP entered into a Consent Order with a $1,380 Penalty involving South Shore Ford located in Rockland for Hazardous Waste violations. A multi-media inspection by DEP revealed: failure to notify DEP of a change of status (from Small- to a Large-Quantity Generator of waste oil); failure to apply for an EPA hazardous waste Identification number; and, failure to make a hazardous waste determination for a generated waste stream. In addition to the Penalty, the Order insures compliance with Hazardous Waste requirements.

3/24/05: DEP executed a Consent Order with a $5,750 Penalty regarding Lane Construction Corp. located at 1867 East Street of Pittsfield for Air Quality violations. DEP determined the violation during emissions testing in September of 2004. In addition the Penalty, the company has now agreed to upgrade the plant in an effort to operate in compliance with its air quality emission limits. DEP is currently reviewing a plan application for a new fuel oil burner for the plant's aggregate dryer.

3/24/05: DEP executed a Consent Order with a $7,000 Penalty regarding Marinella Development for Wetlands violations in Uxbridge. Marinella, failed to prevent erosion and sedimentation to nearby wetlands at their subdivision on Millville Road in Uxbridge. The Order requires the owner to prevent further violations and to submit a wetlands restoration plan within 30 days to the Department.

3/24/05: DEP issued a Demand Letter for $1,000 in Stipulated Penalties to the Massachusetts Turnpike Authority for violations in Warren. Previously, on 4/30/03, DEP entered into a Consent Order with the Turnpike for violations at Warren Pit, which is located at mile marker 68.5 Eastbound. Warren Pit is one of the ten illegal solid waste dumping grounds located along the Turnpike that was the subject of DEP's Order in '03. As part of that Order, the Turnpike Authority was fined $24,250 for operating illegal solid waste management facilities, and for open burning of wood waste at Warren Pit. However, on 2/16/05 and 2/17/05, DEP observed open burning of wood waste at this location, a violation of DEP's Order, which prohibited both the open burning and the continued operation of these as dumping grounds.

3/23/05: DEP entered into an Amended Consent Order with Revere Copper Products, Inc. located at 24 North Front Street in New Bedford. DEP issued an Amended Order to extend a timeline of the existing Consent Order (signed 12/21/04) that required the company to submit an application to modify its existing Air Quality Permit/Restricted Emission Status.

3/22/05: DEP issued a Do-Not-Drink Order to Monument Mountain Regional School located in Great Barrington. The school exceeded the Maximum Contaminant Level for coliform bacteria. The suspected cause is related to the storage tank. The system has been disinfected and the addition of chlorine will remain while investigation and correction action are underway; the boil order was lifted on 3/25/05.

3/22/05: DEP entered into a Consent Order with a $12,000 Penalty involving Thomas Candito of Charlton for Wetlands violations. DEP determined that Candito had installed culverts in a stream on a lot in Charlton without obtaining a permit for the work. DEP's Order requires the owner to remove the culverts and restore the stream by 6/15/05. The Order also eliminates the development of an adjacent lot (#63), which will instead serve as a buffer zone to the restored area.

3/22/05: DEP entered into a Consent Order with a $5,000 Penalty regarding Indian Hill Limited Partnership in Worcester for Wetlands violations. DEP determined the developer failed to prevent erosion and sedimentation to catch basins and detention basins and thereafter caused turbidity to an intermittent stream and wetland system. DEP's Order requires the owners to monitor turbidity in detention basins, and properly treat turbid storm-water thereafter before discharging.

3/22/05: DEP entered into an Amended Consent Order with Middleborough Gas & Electric Department located at 2 Vine Street in Middleborough. DEP's Amended Order allows for an extension of timelines for the submittal of Response Actions related to cleanup, or remediation, of the site.

3/22/05: DEP issued a $14,250 Penalty Assessment Notice to Clayton Davenport d/b/a Davenport Trucking in Greenfield for Wetlands violations. Clayton, a site contractor, was cited for undertaking work in a Resource Area. The Department had previously reached a settlement and entered into a Consent Order with the property owner, the White Eagles Society, which provided for restoration of the impacted area and a civil administrative penalty. DEP, however, has been unable to reach a consent agreement with Davenport, the contractor, to resolve its involvement, prompting today's Penalty Assessment.

3/21/05: DEP entered into a Consent Order with a $2,000 Penalty regarding Sherborn Plaza, aka Shepardson Plaza, located at 11 South Main Street in Sherborn. The Plaza, which is permitted to provide a public water supply, reported the continual detection of e.coli bacteria in the public water supply. DEP required further testing, and on 1/10/05 DEP issued a Boil Order. The Plaza will now take steps to bring the water supply into compliance according to DEP's terms and conditions.

3/21/05: DEP entered into a Consent Order with a $5,700 Penalty involving North American Site Developers, Inc. (NASDI) of Bridgewater. NASDI, which is based in Allston, is a general contractor and also has a license to do asbestos removal. The Town of Bridgewater contracted with NASDI to demolish the old Williams Middle School. DEP's inspection of the school revealed that asbestos was located between the bricks on the outside of the building. As a result, NASDI should have notified the Department of the existence of asbestos so that proper procedures for removal would be followed. In addition to the Penalty, NASDI is required to comply with proper removal of asbestos material at the school. Under DEP's Small Business Policy, $1,700 of the Penalty is suspended.

3/21/05: DEP executed a Consent Order with a $2,450 Penalty regarding Mattapoisett Truck & Equipment, L.C, of Mattapoisett. An inspection by DEP found the company had deposited solid waste in the Wetlands (Buffer Zone and Bordering Vegetated Wetlands) northeast of the company's building. DEP's inspection and review of records revealed numerous violations involving waste oil management: failure to ensure correct generator identification number on manifests; failure to keep containers and tanks closed; failure to provide an impervious surface and secondary containment for the waste oil tank; failure to delineate waste oil accumulation areas; failure to post waste-oil signage, failure to properly label tanks and containers; failure to conduct weekly inspections of any satellite containers; failure to only accumulate hazardous waste in proper areas; failure to determine if waste is hazardous; failure to post emergency information near the telephones; and, failure to properly train employees. The company has worked expeditiously to remove solid waste from the property and from Wetlands areas. The company is also working to correct the hazardous waste management issues. Under the Consent Order the company has agreed to develop a proposal for any proposed future activities in the Buffer Zone in order to protect wetlands resource areas.

3/18/05: DEP entered into a Consent Order with a $4,477 Penalty regarding Novotech Inc. of Acton for Industrial Wastewater and Hazardous Waste violations. Novotech was found to have discharged industrial wastewater to its septic system, failed to determine whether wastes it generated were hazardous, and failed to label and properly accumulate Waste Oil and Hazardous Waste. Under application of the DEP's Small Business Policy, $3,477 of the Penalty is suspended pending compliance with the Order.

3/18/05: DEP entered into a Consent Order with an $8,376 Penalty regarding Empire Dry Cleaning of Shrewsbury. Mandli Corporation of Shrewsbury, which owns the facility, was cited for Air Quality, Industrial Wastewater and Hazardous Waste violations. In addition, the company violated the Environmental Results Program (ERP). The company failed to keep records with regard to ensuring proper operation of their dry cleaning machinery, failed to maintain hazardous waste manifest records, discharged industrial wastewater to the ground without a permit and failed to submit for several years their ERP Compliance Certification. Under DEP's Small Business Policy, $4,776 of the Penalty is suspended pending compliance with the Order for one year.

3/16/05: DEP entered into a Consent Order with a $1,380 Penalty regarding Saturn of Dartmouth for Hazardous Waste violations. A DEP inspection revealed the company failed to notify DEP of its change-of-status (to a Large Quantity Generator of waste oil), failed to apply for an EPA hazardous waste id-number, and, failed to make a hazardous waste determination for a generated waste stream. The company agreed to bring the facility into compliance.

3/16/05: DEP issued an $85,950 Penalty Assessment Notice to Stephen Danalis for Air Quality (Asbestos) violations in Longmeadow. Danalis is the landlord for a two-family residence in Longmeadow and was cited for handling and disposal issues resulting from a 'dry rip' of asbestos. The Springfield Police Department initially found asbestos-waste in one of that city's dumpsters prompting an investigation that led to Danalis and his rental property in Longmeadow where the replacement of boilers and heat piping systems in both basements took place. Today's Order requires asbestos abatement at the Longmeadow property.

3/16/05: DEP issued a Boil Order to the town of Billerica due to bacteria contamination. The Order requires Billerica to notify its customers to boil water prior to use.

3/15/05: DEP executed a Consent Order with a $3,488 Penalty involving Mohawk Village Motors, Inc. of Shirley for Hazardous Waste violations. The company accumulated more Waste Oil than authorized and failed to comply with other Waste Oil accumulation and container-management standards. Under DEP's Small Business Policy, $2,988 of the penalty is suspended pending compliance with the Order for one year.

3/15/05: DEP entered into a Consent Order with a $37,375 Penalty involving Arthur Talbot d/b/a Walsh Environmental Services for Asbestos violations at a job site in Worcester. Talbot, whose company is located in North Brookfield, was cited for violations in the handling of asbestos containing material, failing to use proper methods of capture and containment, and failing to properly wet, seal, and label asbestos waste materials. Based on application of the DEP's Small Business Policy, $34,375 of the Penalty will be suspended.

3/15/05: DEP executed a Consent Order with a $2,498 Penalty involving Union Mart of Holyoke for Air Quality (vapor recovery) violations. DEP determined the violations at this Holyoke gasoline dispensing facility during an inspection on 4/2/04. After issuing a Notice of Noncompliance on 4/28/04, follow-up inspections revealed repeat violations. As part of the settlement agreement the Company has agreed to correct the violations. DEP agreed to suspend $1,498 of the Penalty pending compliance with the Order.

3/15/05: DEP entered into a Consent Order with a $6,300 Penalty involving Dennis Hood for Wetlands violations at 2 Lakeshore Drive in Amesbury. Hood had been cited for performing illegal wetland work without a valid Order of Conditions from either the local Conservation Commission or the DEP.

3/10/05: DEP issued a $74,182.50 Penalty Assessment Notice regarding the Attleboro Landfill, Inc. on Peckham Street in Attleboro. The private solid waste unlined landfill, which is owned by Albert Dumont, had continued noncompliance issues, and had not been completely capped as required by a previous DEP Consent Order dated 9/7/01. Issues of noncompliance include: failure to properly monitor/maintain the Phase A area, failure to close/cap the Phase B area, failure to establish a Financial Assurance Mechanism ('FAM'), failure to remediate/restore impacted wetland resource areas, failure to perform routine environmental monitoring (ground water, surface water and gas), and failure to perform routine landfill gas characterization for the facility's landfill gas to energy plant.

3/10/05: DEP entered into a Consent Order with a $1,500 Penalty involving DeGray's Service, Inc., of Westfield to address Air Quality (Vapor Recovery) and Hazardous Waste violations. DEP's initial inspection on 8/9/04 warranted a Notice of Noncompliance, however, during a follow-up inspection on 11/1/04, similar and additional violations were found prompting today's Order. In addition to the Penalty, the company has now agreed to bring the facility into compliance

3/10/05: DEP executed a Consent Order with a $13,800 Penalty involving Landstar System, Inc. for Waste Site Cleanup violations in Whately. Landstar, a long-haul transportation company based in Jacksonville, Florida, failed to immediately notify DEP of a release of an alkaline cleaner on 5/11/04 at the Whately Truckstop, where it was determined that approximately 50 gallons of alkaline emulsion cleaner leaked inside the tractor-trailer box and onto the Truckstop parking lot. The hazardous material exhibits a pH of 13.8 and contains several component hazardous materials including naphtha, octyl alcohol and sodium hydroxide. DEP agreed to suspend $3,450 of the Penalty provided Landstar perform corporate-wide outreach to its 4,000+ drivers on responses to spills of oil and hazardous materials. Landstar also agreed to immediately retrain its dispatch personnel, and revise its new driver orientation program to emphasize proper handling of releases.

3/10/05: DEP issued a $24,400 Penalty Assessment Notice to the Mohawk Companies, Inc. to address Air Quality (Asbestos) violations during renovations at the Mountain Farms Mall in Hadley. DEP received a complaint from the Hadley Building Inspector in December of 2003 regarding improper asbestos handling by Mohawk, which is based in Northampton. Mohawk personnel were using grinding tools to level the floor of one of the retail stores at the mall, which was undergoing renovation. The Hadley Building Inspector posted a Cease and Desist Order and all work at the site was halted. The investigation revealed that the Mall property manager, S.R. Weiner of Boston, had hired Mohawk to patch uneven areas of the floor, but NOT to perform additional work, specifically because the floor tile mastic contained asbestos. S.R. Weiner has subsequently cleaned the site properly.

3/10/05: DEP entered into a Consent Order with a $19,900 Penalty involving the Newark Group, Inc. for Air Quality, Hazardous Waste, Industrial Wastewater and Toxics Use Reduction Act violations at their Fitchburg facility on 100 Newark Way. DEP determined during an inspection related to an odor complaint that the company had failed to comply with their Air Quality Plan Approval, failed to follow proper manifesting procedures, and failed to file toxic use reports for polycyclic aromatic hydrocarbons. DEP agreed to suspend $10,000 of the Penalty pending completion of a Supplemental Environmental Project to purchase a hand held thermal imager to be provided to the City of Fitchburg Fire Department.

3/10/05: DEP executed a Consent Order with a $5,000 Penalty regarding Bossi's Automotive Services, Inc. located at 12 Swanton Street in Winchester. Bossi had failed to address the clean up of gasoline contamination. The release was originally reported in 1999 and was classified as a Tier II site in 2001. No comprehensive response actions (as required) were conducted after 2001, and in May 2004, DEP issued a Notice of Noncompliance (NON) for failing to complete the cleanup. Bossi did not comply with the directives of the NON, prompting DEP to initiate higher-level enforcement that resulted in today's Order. In addition to the Penalty, Bossi will bring the site back into compliance.

3/9/05: DEP executed a Consent Order with a $2,000 Penalty involving Cape Building Systems, Inc. of 13 Industrial Drive in Mattapoisett for Wetlands violations. Inspections revealed the company had constructed storage bays in the Buffer Zone without filing with the Conservation Commission; the company also needed to register the existence and proper closure of an injection well and needed to submit a compliance certificate for an underground industrial wastewater holding tank. In addition to the Penalty, the Order establishes a compliance schedule for correcting the violations.

3/9/05: DEP executed a Consent Order with a $35,000 Penalty involving the B&M Railroad to address the Company's failure to continue response actions in compliance with Waste Site Cleanup regulations at three different locations (Deerfield, Williamstown and Northfield). The agreement with B&M, which has a corporate office in North Billerica, also contains stipulated penalties for future noncompliance. The Order also requires B&M to pursue remedial (cleanup) response actions more aggressively at its sites. In addition to the Penalty, the Company has agreed to hire an outside contractor to perform a training program for its employees at a cost of $17, 800. The training involves the proper use and handling of oil and hazardous waste.

3/8/05: DEP entered into a Consent Order with a $5,000 Penalty, Middleboro Auto Salvage for Hazardous Waste and Wetlands violations. The auto salvage/junkyard located in Middleborough entered into the Order that requires the restoration of Bordering Vegetated Wetland (BVW), proper management of oil and hazardous waste. In addition, the company will perform a Supplemental Environmental Project to develop and implement an Auto Recycling and Junkyard Best Management Practices (BMP), in lieu of payment of an additional $3,000 Penalty. Correction of the violations, restoration of the Wetlands area and implementation of the BMPs will significantly upgrade the protection of the environment and update the operation of the facility.

3/8/05: DEP entered into a Consent Order with a $45,000 Penalty involving Alpha Grainger Manufacturing Inc of Franklin for Air Quality violations. DEP determined during a multi-media inspection the company had installed and operated equipment without DEP approval. The company has agreed to a compliance strategy that includes installing fifteen steam generation units as well as a state-of-the-art vacuum degreaser that will utilize mineral spirits. The total estimated cost of the equipment is $525,000. The above pollution prevention strategy should reduce AGMI's emissions from 22.6 tons per year to below the one-ton per year threshold requiring a permit. Moreover, AGMI agreed to prepare a 'white paper' on the equipment performance and submit it to EPA's BACT clearinghouse (or Best Available Control Technology) as well as an industry trade journal for publication. DEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.

3/8/05: DEP entered into a Consent Order $2,475 Penalty involving CAM Enterprises of 68 Hollister Road in Seekonk for Solid Waste violations. DEP noted during an inspection that CAM Enterprises stockpiled concrete rubble with the intent of crushing and reusing the material without the necessary permits. In addition to the Penalty, CAM Enterprises agreed to obtain a permit prior to stockpiling the concrete material.

3/8/05: DEP executed a Consent Order with a $500 Penalty involving First Step Child Care of Ware. The day care facility agreed to address public water system compliance issues, some of which have already been completed, such as a cross-connection survey. DEP agreed to suspend the Penalty.

3/8/05: DEP executed an Amendment to an existing Consent Order with the City of Northampton. The Amendment extends the timeline for the construction and operation of a surface water filtration plant that this public water system is required to construct. The water system has already acquired the necessary permits for construction and the project is financed by the Drinking Water State Revolving Fund.

3/8/05: DEP finalized a Consent Order with the City of Chicopee for Water Pollution Control violations. The Order establishes a protocol for tracking, inspecting, repairing and reporting sewer system backups and Sanitary Sewer Overflow (SSOs). The City's problems exist in areas serviced by aging sewer system infrastructure. In a number of these areas, the city is already addressing a number of these problems as part of separate work related to Combined Sewage Overflows (CSOs).

3/8/05: DEP entered into a Consent Order with a $10,498 Penalty involving Drake Petroleum Company, Inc. of Sturbridge for Waste Site Cleanup violations. Drake, the owner and operator of a fueling facility at 400 Hynes Rd., Sturbridge failed to notify DEP (within the required two hours) of a sudden release on 12/18/03 of diesel fuel (greater than 10 gallons of diesel) and failed to conduct response actions when required, the diesel fuel flowed from a paved surface into a storm drain and Drake failed to conduct the appropriate Immediate Response Action to fully clean up the impacts from the release at the time it occurred.

3/8/05: DEP entered into a Consent Order with a $5,000 Penalty regarding the town of Lexington for Solid Waste violations at the Lincoln Street landfill. The Order provides that the Town will continue to complete the landfill gas assessment and corrective actions at the landfill in accordance with a Unilateral Order issued by DEP on 2/9/04. Violations involve the occurrence of methane at greater than 25% of the Lower Explosive Limit at and beyond the property boundary. In addition, the Order provides that the Town will complete a $15,000 Supplemental Environmental Program (SEP). The SEP provides for construction of a walkway and wetland observation area for the wetland on the west side of the park to enhance the walking trails and the post-closure use of this landfill.

3/7/05: DEP entered into a Consent Order with a $15,000 Penalty involving Waterhouse Realty Trust of Merrimac for Solid Waste violations. The Trust, which owns property at 72-80 East Main Street in Merrimac, was cited for maintaining a dumping ground at that location. Specifically, during 1989 Kidder Building of Plaistow, New Hampshire disposed of demolition debris, consisting principally of concrete block and brick at the site. The Order provides that the Trust will seek a post-closure use permit from DEP in order to provide for the closure and development of the site. DEP agreed to suspend $5,000 of the Penalty provided all terms of the Order are met.

3/7/05: DEP executed a Consent Order with a $10,000 Penalty involving Thomas Fregeau to address Air Quality (Asbestos) violations in Chicopee. DEP inspectors received a complaint regarding a contractor who had removed asbestos from pipes in the basement of the property in order to repair a leaking pipe. During the inspection it was discovered that asbestos had been removed and the basement of the property had been contaminated with asbestos. Fregeau has reimbursed the property owner for the cost of a proper cleanup. DEP agreed to suspend $1,400 of the Penalty, and an additional $6,000 is suspended for a period of 2 years if no further asbestos violations occur.

3/7/05: DEP executed a Consent Order with a $4,000 Penalty involving Michael Goldberg to address Air Quality (Asbestos) violations at the former Ring Nursing Home in Springfield. DEP received a complaint regarding the work at Ring in May of 2003. During subsequent inspections, DEP found that asbestos removal and demolition operations had been performed improperly and without the prior notification. The contractor hired by Goldberg has already paid a penalty and cleaned up the site. DEP agreed to suspend $3,000 of the Penalty provided Goldberg, a developer based in East Longmeadow, hire a consultant to develop an Environmental Management System (EMS). This EMS will provide a detailed procedure for the inspection and testing for asbestos materials prior to beginning the rehabbing process. The EMS will also be provided to all contractors working for Mr. Goldberg.

3/7/05: DEP executed a Consent Order with a $1,000 Penalty involving Cooley Street Foodmart, Inc. in Springfield for Air Quality (vapor recovery) violations. After an August 2004 inspection, DEP issued a Notice of Noncompliance to Cooley's, a gas service station to address Stage II (vapor recovery equipment) violations. A follow-up inspection revealed similar and new violations. DEP agreed to suspend $350 of the Penalty provided all terms of the Order are met.

3/7/05: DEP entered into a Consent Order with a $14,950 Penalty regarding Cutter Carpets for Air Quality (Asbestos) violations at the Gov. John Carver Elementary School located at 85 Main Street in Carver. Cutter was removing vinyl asbestos tiles (10% asbestos) from classrooms. DEP agreed to suspend $10,950 of the penalty, and the company agreed to provide a written description of the measures that will be taken to prevent additional violations in the future, including but not limited to, enrolling in an asbestos awareness course approved by the Massachusetts Division of Occupational Safety. Carver paid for the cleanup, the proper removal of the remaining vinyl asbestos tiles, and final air clearance by a licensed Industrial Hygienist.

3/4/05: DEP issued a Unilateral Administrative Order to Raymond W. Caterino, of Dennisport for Wetlands violations. Caterino was cited for filling more than one acre of Bordering Vegetated Wetland and the 100-foot Buffer Zone without a permit from Dennis Conservation Commission. Massachusetts Environmental Police notified the DEP along with local officials of the violations. DEP's Order requires Caterino to cease and desist from any activity within jurisdiction of the Wetland Protection Act.

3/4/05: DEP entered into a Consent Order with a $50,000 Penalty involving Morse Sand & Gravel, Corp. for Wetlands, Industrial Wastewater and Hazardous Waste violations observed at the company's Lakeville and Attleboro facilities. At the Lakeville facility, Morse failed to correct certain operational practices that had been the subject of a prior Consent Order with the previous owner of the facility. As a result, continued violations of the wetland, industrial wastewater and hazardous waste management regulations took place. Additionally DEP responded to requests from resident abutters to the facility and the Town to address the chronic noise disturbances at the facility. At the Attleboro facility, Morse was found to have violated hazardous waste management regulations. Today's Order also addresses Morse's discharge of stormwater to the Ten Mile River, a condition observed and reported by the Attleboro Conservation Commission. As a result of today's Order, Morse will now correct all the violations, bring both facilities into compliance and implement a noise abatement remedy. DEP agreed that $25,000 of the Penalty by Morse will go directly to a Supplemental Environmental Project for the Nature Conservancy to develop a Target Fish Community for the mainstream of the Taunton River to assist in the restoration of fish habitat.

3/2/05: DEP issued a Do Not Drink Order to Monument Mount Regional School, a public water system in Great Barrington due to total coliform detection. Construction work along with inadequate disinfection is suspected. The School posted notices at faucets and bubblers; they disinfected the system and provided bottled water until the Order was lifted. DEP staff lifted the Order on 3/6/05.

3/1/05: DEP executed a Consent Order with a $13,787 Penalty involving John J. Blake for Air Quality (Asbestos) violations in Leominster. During an inspection, DEP noted that Blake (a resident of Pepperell) failed to file notification regarding the demolition/renovation for the removal of asbestos containing materials at his Leominster property. Blake also failed to use proper methods of capture and containment, and failed to properly wet, seal, and label asbestos waste materials. Based on Blake's financial hardship, DEP agreed to suspend, $12,587 of the Penalty provided all terms of the Order are met.

3/1/05: DEP entered into a Consent Order with an $18,000 Penalty regarding Casella Waste Systems due to Solid Waste violations at the Hardwick Landfill Casella Waste Systems, Inc. purchased the Hardwick landfill from the Roach family in March 2003. An inspection by DEP of the landfill on 9/30/04, revealed the disposal of unacceptable waste including automobile tires and white goods within the new operating cell of the landfill. Storm water control violations and odor exceedences were also noted during the inspection. The facility has subsequently instituted revised waste control procedures and inspections at the landfill. The company is testing new materials for daily cover in an effort to prevent nuisance odors.

3/1/05: DEP entered into a Consent Order with a $1,500 Penalty involving the Town of Sterling for Solid Waste violations. The town failed to comply with the landfill post-closure requirements at its landfill located off Chocksett Road. The Town failed to submit a post-closure environmental monitoring and maintenance plan; and failed to conduct the required environmental monitoring and maintenance. In addition to the Penalty, the Town will now prepare and implement an environmental monitoring and maintenance plan which must include a schedule to sample for groundwater, surface water and air quality twice a year for the post-closure period of 30 years.

3/1/05: DEP entered into a Consent Order with a $2,000 Penalty involving NMJ Realty Trust in Sterling for Solid Waste violations. The company disposed solid waste (construction and demolition debris) on its property located at 29 Legate Hill Road in Sterling. NMJ will correct the violations and contends that most of the waste material on site had been on site when they purchased the property.

February 2005

2/24/05: DEP issued a $67,850 Penalty Assessment Notice to Advance Auto Parts, Inc. for MCP violations in Attleboro. The company, which is based in Roanoke, Virginia but has a location at 50 County Street in Attleboro, was cited for failure to meet Interim deadlines to correct violations associated with an Activity and Use Limitation (AUL) and to submit a revised Response Outcome Statement (RAO). DEP issued the Penalty for failure to correct the AUL, and conduct response actions at the site in order to come into compliance with the MCP based on additional violations identified during an audit by DEP.

2/24/05: DEP entered into a Consent Order with a $1,500 Penalty involving Kudlic Brothers, Inc. of Agawam. Kudlic - a demolition contractor - failed to notify DEP prior to the demolition of three commercial buildings in Agawam in May 2004. In addition to the Penalty, Kudlic has agreed to perform a $1,500 Supplemental Environmental Program (SEP). The SEP involves the distribution to all building inspectors in the region written material on the correct notification process for construction and demolition work.

2/18/05: DEP issued a $2,000 Penalty Assessment Notice to Roger Santos d/b/a LJ Trucking in Plympton. Previously, on 2/13/03, DEP issued a Unilateral Administrative Order citing Santos for filling within a Bordering Vegetated Wetland (BVW) and the 100-foot Buffer Zone without a permit from the Plymouth Conservation Commission. DEP's Order required Santos to cease and desist from any activity within the Wetlands and to file a Notice of Intent (NOI) with the Conservation Commission within thirty days. Santos had not filed a NOI, leading to today's PAN.

2/18/05: DEP entered into a Consent Order with a $3,300 Penalty regarding Fairlane Homes in Pepperell. Fairlane, which owns Suburban Village Mobile Home Park in Pepperell, violated conditions of a 2003 Consent Order with DEP. In that Order, the Mobile Home Park was to begin construction according to DEP's approved schedule for an on-site sewage disposal system, and failed to do so. In addition to the Penalty, the Mobile Home Park has now agreed to a schedule that will instead connect the Park to the municipal sewer system.

2/18/05: DEP entered into a Consent Order with a $24,958 Penalty involving Seaboard Folding Box Company of Fitchburg. The company, which is located at 35 Daniels Street in Fitchburg, was cited for violations of Hazardous Waste Management, Air Quality Control, Industrial Waste Water, and Environmental Results Program regulations. Inspectors from the DEP's Strike Force and Bureau of Waste Prevention identified the violations while conducting inspections of the facility in 2002 and 2003.

2/18/05: DEP entered into a Consent Order with a $15,600 Penalty involving the City of Springfield relative to the Veterans and Franconia Golf Courses in Springfield. DEP determined the facilities were in non-compliance under the state's Water Management Act for water withdrawal for irrigation purposes. The city agreed to bring the facilities into compliance, and the DEP agreed to suspend the Penalty.

2/18/05: DEP executed a Consent Order with a $20,850 Penalty regarding Oak Ridge Golf Club in Agawam. DEP determined the facility was in non-compliance under the Water Management Act (WMA) for water withdrawal for irrigation purposes. The facility will be brought into compliance, and the DEP agreed to suspend $18,750 of the Penalty. This course's irrigation was installed prior to the Water Management Act and had not expanded since the enactment of the WMA.

2/18/05: DEP entered into a Consent Order with a $1,200 Penalty regarding Blandford Water Department in Blandford. The town's Water Department failed to address a previously issued DEP Notice of Noncompliance that required a testing schedule for the town's cross-connections (water supply backflow prevention devices). DEP agreed to suspend $600 of the Penalty provided all terms of the Order are met.

2/18/05: DEP issued a Unilateral Administrative Order to the City of Chicopee for undertaking drainage work on Fuller Street. The city's DPW began work, including dredging streams and filling in BVW without a valid determination or order of conditions relative to possible wetlands resources in the area. DEP received a complaint, inspected the site and conducted file review to find that no Request for Determination had been received from the City, nor did the local conservation commission render any decision. Today's Order requires the city to cease-and-desist additional work except to put in place proper erosion and sedimentation controls. Further, the city must submit a restoration plan within 45 days. The site contractor, Ted Ondrick Company was issued only the cease-and-desist Order.

2/18/05: DEP entered into a Consent Order with Marshfield Partnership for Community Reinvestment, LLC. The company had failed to submit documentation (Phase II and Phase III reports) in connection with the cleanup of 1901 Ocean Street in Marshfield where chemicals above reportable quantities were found in the groundwater. The Order sets new deadlines for submittal of the required documentation.

2/18/05: DEP entered into a Consent Order with Devlin Automotive of Hanson. The company failed to submit documentation (Phase II and Phase III reports) in connection with the cleanup of 230 Liberty Street in Hanson where VOCs were discovered in soil after the removal of three underground storage tanks. The Order sets new deadlines for submittal of the required documentation.

2/18/05: DEP issued a $2,000 Penalty Assessment Notice to Roger Santos d/b/a LJ Trucking of Plympton. Santos failed to comply with a previously issued Unilateral Administrative Order from 2/13/03. That Order cited Santos for filling within a Bordering Vegetated Wetland (BVW) and the 100-foot Buffer Zone without a permit from the Plymouth Conservation Commission. Santos had been required to cease and desist from any activity within jurisdiction of the Wetland Protection Act and to file a Notice of Intent (NOI) with the Conservation Commission within thirty days. To date, Santos has not filed a NOI.

2/17/05: DEP issued a Unilateral Administrative Order to Charles May of Liberty Street in Belchertown for Wetlands violations. May, reconstructed an access road for the purpose of excavation of gravel from the site. The Order requires May to submit a wetland mitigation plan for the losses that resulted from the work.

2/16/05: DEP entered into a Consent Order with a $24,600 Penalty involving Ludlow Country Club of Ludlow for Water Management Act violations. The Club's irrigation system, which was in place prior to the Act, led to the water withdrawal violations; DEP agreed to suspend $22,500 of the Penalty provided all terms of the Order are met.

2/15/05: DEP entered into a Consent Order with the Highway Department in Dudley to resolve MCP (waste site cleanup) violations. The town's Highway Department failed to meet deadlines for the assessment and cleanup of the petroleum release from underground storage tanks at 63 West Main Street. The site is located within the Zone II of a municipal drinking water supply well. The Town has agreed to a schedule for completion of the required work, and has agreed to pay stipulated penalties if those deadlines are not met.

2/15/05: DEP issued a Unilateral Administrative Order to Roberts Brother Lumber Co. of Ashfield to address Air Quality violations. The Company utilizes a diesel generator to power its saws and other equipment in de-barking, sawing, cutting of hard- and soft-wood logs. DEP staff observed during a 5/04 inspection, that the Company had been operating an internal combustion diesel powered generator (>3,000,000 BTU/hr) without a permit The Order provides certain options in order for the facility to return to compliance ' (see related PAN order on 2/9/05)

2/15/05: DEP issued a $63,240 Penalty Assessment Notice to Tartan Maintenance Management, Inc. of Lee for Hazardous Waste violations. The company services and maintains fuel oil and gasoline tankers and tractors for China Grove Transportation Co. of the same address. DEP determined during its investigation that Tartan had, for years, been mixing waste oil generated at the facility into virgin #6 fuel oil within tanker trucks. The waste oil was at times mixed with hazardous waste, including used solvent, gasoline, and diesel fuel, and placed into tanker trucks. The tanker trucks were then driven to a New York fuel terminal, where #6 fuel oil would be loaded into the tankers for subsequent transport to a customer's facility as virgin fuel oil. In addition to the hazardous waste violations, DEP found evidence that Tartan was discharging pollutants to the surface water and groundwater by allowing wash water to be discharged to the ground waters and surface waters of the Commonwealth.

2/15/05: DEP issued a Unilateral Administrative Order to Ernesto V. Caparrotta of Weymouth. The Order was issued to Caparrotta to cease and desist from all un-permitted wetland resource area activities at property located off Hingham Street in Rockland. A site visit on 2/8/05 revealed the cutting and filling in of a wetland resource area and buffer zone 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.

2/14/05: DEP entered into a Consent Order with a $3,500 Penalty regarding Universal Plastics Corp. of Holyoke. The company agreed to address air pollution and hazardous waste violations that were uncovered during a DEP inspection on 3/2/04. Inspectors found the company was using coatings, in a paint spray booth, that exceeded maximum limits for volatile organic compounds as listed in state air pollution regulations. In addition to the Penalty, the company will correct all the areas of noncompliance.

2/11/05: DEP issued a Unilateral Order to Steven Baker of Brockton to cease and desist from all non-permitted wetland resource area activities at 27 Chestnut Drive in Brockton. A 2/8/05 site visit revealed that an above ground pool was installed within a wetlands resource area and buffer zone.

2/11/05: DEP issued a Unilateral Administrative Order to Steven Baker of Brockton for Wetlands violations. On 9/10/04, the Brockton Conservation Commission issued an Enforcement Order for the installation of an aboveground pool within a Bordering Vegetated Wetland (BVW) and its 100 foot Buffer Zone and within the Riverfront restricted zone. The Brockton ConCom did not receive notification from Baker, issued an enforcement order and also requested DEP to investigate. DEP's Order requires the violator to cease-and-desist and comply with the local order within thirty days.

2/11/05: DEP issued a Unilateral Administrative Order to Peter Watts, who operates Watts Family Farm at 23 Falmouth-Sandwich Road in Sandwich. The farm operates an agricultural-waste composting operation, for which the DEP had previously issued a Notice of Noncompliance on 10/6/04 concerning the emission of offensive odors from the compost operations. DEP continued to receive odor complaints from adjacent neighborhoods, and on several occasions observed the delivery of an extremely malodorous material (from Sea Watch International, LTD) that was a violation of its operation. The material is a silty-sand containing small amount of shells, shell materials and significant amounts of liquids. Watts must cease-and-desist accepting, handling, processing, composting, and/or recycling this material and any other compost-able material not specifically listed in the regulations for this type of operation (310 CMR 16.05). Also Watts must take whatever measures necessary to prevent the emissions of offensive odors and/or nuisance conditions and/or the non-permitted discharge of pollutants (i.e.. liquids from the material from Sea Watch) to the environment.

2/11/05: DEP issued a Unilateral Administrative Order to Attleboro Landfill, Inc. (ALI), on Peckham Street in Attleboro requiring the facility to perform several activities in order to bring the landfill into compliance. The Order requires routine environmental monitoring be done, that the site be capped within six months, that landfill gas at the gas-to-energy plant be routinely characterized and that impacted wetlands be restored within one year. Today's Order stems from ALI's failure to comply with a previous Administrative Consent Order, which required the same activities. In today's Order, DEP reserves the rights to pursue additional enforcement against ALI for continued failure to achieve compliance.

2/11/05: DEP executed a Consent Order with a $235,000 Penalty regarding Barry Controls located in Brighton (Boston) for Air Quality violations. The company was found to have exceeded monthly and twelve-month emissions limitations for Hazardous Air Pollutants and Volatile Organic Compounds at their 40 Guest Street facility. DEP discovered the violations during routine review of the facility's compliance reports and excess emissions reports. The company agreed to remove the offending equipment from the facility in a phased approach, so that by 7/31/05 its monthly emissions will be in compliance. DEP agreed to suspend $11,750 of the Penalty provided all terms of the Order are met.

2/11/05: DEP issued a Demand for $59,000 in Suspended & Stipulated Penalties to Aoude Gulf of 665 Waverly Street in Framingham. Aoude had entered into a Consent Order with DEP in 2001 for Waste Site Cleanup violations. Shortly after the deadlines in that Order were missed in early 2004, BWSC-NERO held an enforcement conference with the violator, but a negotiated resolution could not be reached. Aoude may request an adjudicatory hearing to contest the Penalty demand.

2/10/05: DEP executed a Consent Order with $70,000 Penalty regarding Richard Lippold for MCP (waste site cleanup) violations. Lippold, who owns property at 26 Wendell Street in Lawrence, was cited for failure to submit timely Response Actions. DEP had previously issued a Notice of Noncompliance to Lippold on 5/12/03. New deadlines have now been established to return the site to compliance within one year. DEP agreed to suspend $50,000 of the Penalty provided Lippold comply with all terms of the Order.

2/10/05: DEP entered into a Consent Order with a $27,725 Penalty involving Mill Valley Golf Links in Belchertown for drinking water violations. In addition, the facility was not in compliance with the Water Management Act regarding withdrawal for irrigation purposes. In addition to the penalty, Mill Valley must obtain a Water Management Act permit and bring its drinking water supply, and irrigation into compliance.

2/10/05: DEP issued a $2,000 Penalty Assessment Notice to James King, the owner of Town Line General Store in West Bridgewater. King was cited for noncompliance with the Department's Unilateral Administrative Order that had been issued on 6/10/03 for the following violations: filling within a Bordering Vegetated Wetland (BVW) and the 100-foot Buffer Zone without a permit from Conservation Commission. The 6/03 Order required the violator to cease and desist from any activity within jurisdiction of the Wetlands Protection Act and required the violator to file a Notice of Intent (NOI) with the West Bridgewater Conservation Commission. As of 2/3/05, DEP was informed that Mr. King still had not filed an NOI as required.

2/10/05: DEP issued a $32,270 Penalty Assessment Notice to the Brockton Group for a former gasoline station property it owns at 761 Warren Avenue in Brockton. Assessments of the property have identified that former underground storage tanks have leaked oil to the environment. The Brockton Group initiated response actions at the site in 1998. In March 1999, the Site was Tier Classified as a Tier II. No response actions have occurred since the Tier Classification. In July 2004, the Department issued a Notice of Noncompliance (NON) to the Brockton Group for failing to conduct response actions at the Site in a timely manner. The Brockton Group failed to respond to the Department's NON. In addition to today's Penalty, the Group is required to resume response actions at the Site.

2/10/05: DEP entered into a Consent Order with a $1,000 Penalty involving Symes Associates, Inc. of Rowley for failure to properly execute a DEP's Final Order of Conditions (9/19/03) relative to work in a resource area under the Wetlands Protection Act.

2/10/05: DEP entered into a Consent Order with a $15,000 Penalty involving 'Two Hundred 24 Andover Street Nominee Trust' for waste site cleanup violations. The Trust was cited for failure to achieve a Response Action Outcome (RAO) or a Remedy Operation Status (ROS) by the appointed deadline. The Trust failed to extend or maintain a valid permit to continue response actions. In addition to the Penalty the Order sets new deadlines to return the site back to compliance culminating in the submittal of an RAO or ROS by the expiration of the Permit Extension. If all terms of the Order are met, DEP agreed to suspend $10,000 of the Penalty, but if not, additional stipulated penalties of $1,000 per violation per day will be assessed.

2/9/05: DEP entered into a Consent Order with Lake Grove School, which serves as a public water supplier and is based in the town of Wendell. The School had failed to achieve compliance with drinking water standards, specifically uranium. The residential facility will install treatment to ensure the uranium concentrations are below the Maximum Contaminant Level.

2/9/05: DEP executed a Consent Order with Pioneer Valley Transit Authority (PVTA) of Springfield for failure to complete response actions (relative to a release of hydraulic fluid and #2 fuel oil). PVTA had performed an Immediate Response Action and assessment after the spill and had submitted Phase reports, including one Phase V Inspection and Monitoring Report. DEP's review of records indicated, however, that several deadlines for additional response actions were missed. Today's Order outlines a schedule for submittal of additional response actions.

2/9/05: DEP entered into a Consent Order with an $8,000 Penalty involving Wal-Mart Stores East L.P., which owns stores in Pittsfield and Northampton. The operator failed to notify DEP within two (2) hours of oil spills at both stores. At the Pittsfield store, the release occurred on 8/11/04 when a drum of waste oil, generated by the Wal-Mart Tire & Lube Center, was tipped over in the parking lot, in an act of vandalism. The oil leaked into storm drains and entered a retention pond. Wal-Mart took appropriate steps to initiate the cleanup but did not notify DEP of the release until 1:00PM on 8/12/04. The release at the Northampton store was discovered on 12/28/04 during repair of a solid waste compactor at the store. Wal-Mart arranged for cleanup of the release of greater than 10 gallons of hydraulic fluid but did not notify DEP of the spill until 1/4/05.

2/9/05: DEP entered into a Consent Order with a $5,000 Penalty involving Hank Zion's Auto Salvage, Inc., of Middleborough for hazardous waste violations. The company is a town licensed class 3-auto salvage/junk yard where DEP personnel conducted a site inspection on 8/17/04. The Order establishes an aggressive schedule to correct all violations, install an erosion control barrier along a stream, and assess soils surrounding the motor vehicle crusher. In addition to the Penalty the company will conduct a Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard best management plan in lieu of payment of an additional $3,000 Penalty. Correction of the violations and implementation of the plan will significantly upgrade the protection of the environment and update the operation of the facility to more modern standards.

2/9/05: DEP issued a $30,750 Penalty Assessment Notice to Roberts Brother Lumber Co., of Ashfield for Air Quality and Hazardous Waste violations. The company utilizes a diesel-generator to power its saws and other equipment involved in the de-barking, sawing, cutting and planning of hard and soft wood logs. During a 05/04 inspection DEP observed that the Company had been operating this internal combustion diesel-powered generator (>3,000,000 BTU/hr) without a permit. In addition, the inspection revealed Hazardous Waste storage and labeling violations. In 1998, the Company was the subject of a DEP enforcement action for similar Air Quality and Hazardous Waste violations. In that case, the Company paid a $9,000 penalty.

2/8/05: DEP entered into a Consent Order with a $20,000 Penalty involving Avis Rent-a-Car at 202 Porter Street in East Boston for Waste Site Cleanup violations. The company failed clean up gasoline contamination. The site was originally reported in 1992 and was classified as a Tier II site in 1995. No comprehensive response actions were submitted after that date. In July 2004, DEP issued a Notice of Noncompliance (NON) for failing to complete the cleanup. Avis did not comply with the requirements of the NON, and BWSC initiated higher-level enforcement resulting in today's Order. Avis has since submitted response action outcome (no further action) for this site.

2/8/05: DEP issued a Unilateral Administrative Order to the Town of Middleborough for Solid Waste violations at the town's Municipal Landfill, on Brook Street. The town has failed to comply with a previous Consent Order signed with DEP regarding: the disposal of solid waste outside of the lateral limits of the facility's liner/leachate collection system; the disposal of excess waste beyond the facility's permitted capacity; excessive steepness of internal and external side-slopes; the lack of daily and intermediate cover; the emission of offensive landfill gas odors; the lack of storm water controls; and, the discharge of solid waste contact water into the surface and ground waters. After failing to comply with the previous Order, DEP is now requiring that the facility immediately cease accepting waste, cease discharging solid-waste contact water, apply sufficient amounts of daily and intermediate cover material, and re-establish the facility's storm water controls. DEP also reserves the right to pursue additional enforcement against the Town for the issues of noncompliance with the previous Order.

2/8/05: DEP entered into a Consent Order with a $2,875 Penalty regarding the Town of Ayer for allowing the construction of a sewer extension by NJZ LLC in the Shelly Lane without a valid DEP permit. Today's Order requires the Town to review, and if necessary amend, its permit-issuance practices to prevent the future issuance of road opening permits until such time as an applicant obtains the necessary permits. DEP agreed to suspend $1,875 of the Penalty provided all terms of the Order are met. The Department has already taken enforcement against the developer for this violation.

2/8/05: DEP executed a Consent Order with a $75,468 Penalty involving Marianita Arias of Roslindale for Asbestos (Air Quality) violations. In June 2004, an inspection of Arias property in Worcester found boiler components and heating system pipes covered with asbestos containing insulation in an open roll-off container and observed pieces of dry uncontained asbestos in the cellar. DEP agreed to suspend $67,968 of the Penalty provided Arias complies with all terms of the Order.

2/8/05: DEP entered into a Consent Order with a $21,562 Penalty regarding Tower Transportation LLC for Asbestos (Air Quality) violations. In June of 2004, inspections conducted in a parking lot in Worcester by DEP found that a tractor-trailer owned by the company, which is based in Gorham Maine, was filled with numerous bags and boxes of labeled asbestos containing waste materials. The company was cited for failure to properly store/dispose of asbestos containing materials. DEP agreed to suspend $20,362 of the Penalty based on the existence of financial hardship conditions.

2/7/05: DEP issued a $1,000 Penalty Assessment Notice to TOMRA MASS, LLC of Northampton. The company was cited for operating a Bottle Bill Handling Operation in nonconformance with the regulations. Following multiple inspections by DEP, a Notice of Noncompliance was issued on 10/06/04 due to the presence of thousands of bottles and cans, and other litter scattered around the site and adjoining facility. The company has failed to bring the facility into compliance. A follow-up inspection on 11/03/04 identified similar conditions and led to the issuance of today's Penalty.

2/4/05: DEP entered into an Amended Consent Order with a $30,000 Penalty involving the City of Waltham. The city failed to address infiltration and inflow in a previously signed Consent Order (5/7/03), along with failure to address sewer rehabilitation projects and repeated combined sewage overflows in the Beaver Brook area. As a result of the Amended Order, the city shall demonstrate a 4 to 1 removal ratio for every new gallon added to the system. The city also agreed to strict deadlines for conducting various components of the construction/repair work.

2/3/05: DEP issued a $32,236 Penalty Assessment Notice and a Unilateral Order to A.M.T.S. Air Freight Trucking, Inc. for Waste Site Cleanup violations at 31 Hampshire Road in Mansfield. The company failed to address the cleanup caused from a ruptured diesel saddle tank. The owner of the trucking company failed to timely address the contamination issues at the site and has fallen into non-compliance with the MCP. DEP has already issued a Notice of Noncompliance (NON) to the property owner in December 2004.

2/3/05: DEP entered into a Consent Order with a $18,000 Penalty involving Earl's Marina, Inc. of 56 Goulart Memorial Drive in Fairhaven. The marina was in noncompliance as to the expansion of its floats and wave-attenuation systems. This expansion without authorization constituted violations of Chapter 91 and the Wetlands Protection Act. Today's Order requires the marina to remove the unauthorized wave attenuation system and to obtain Chapter 91 authorization for its floats. DEP agreed to allow the marina to perform a Supplemental Environmental Project (SEP) having a minimum value of $13,500, with the remaining $4,500 of the Penalty payable to the Commonwealth. The SEP will involve assisting with the rehabilitation of a nearby town-owned dock-and-float system that provides public access to Buzzards Bay.

2/3/05: DEP entered into a Consent Order with a $26,500 Penalty regarding Zielinski Brothers, Inc. of Northampton for Wetlands violations observed on 5/25/04. Work by the company impacted 0.5 acres of Bordering Vegetated Wetlands (BVW) in preparation for construction of three single-family residences. Today's Order requires the submission of a plan to restore the impacted resource area. DEP agreed to suspend $16,500 of the Penalty provided all terms of the Order are met. DEP had been notified of the violation by the local conservation commission; upon learning of the violations, the company immediately ceased work, stabilized the site and submitted a plan to identify the resource areas.

2/3/05: DEP issued a $16,698 Civil Administrative Penalty to Bruce Cooper of Westfield for operating construction equipment that was used to grade and fill areas within a waterway (the bank of the Westfield River) and the Riverfront Area off Woodland Drive. Cooper did not file a Notice of Intent with the Westfield Conservation Commission prior to undertaking the work as required. DEP's assistance was requested by the local conservation commission following a field inspection and Enforcement Order by the local authorities to remedy the violations. Cooper had violated the Act at the same street location in 1999, and subsequently entered into a Consent Order with DEP.

2/2/05: DEP entered into a Consent Order with the City of Cambridge for Solid Waste violations at the Danehy Park Landfill. Cambridge agrees to conduct a Supplemental Environmental Project (SEP) valued at $40,000 for failing to notify DEP about the occurrence of landfill gas (methane) within underground utilities at the landfill at greater than 10% of the Lower Explosive Limit. The City's SEP will provide enhancement of the post-closure uses at the landfill. Cambridge will expand the natural flora and fauna in the artificial wetland within the park, and (for the next three years), conduct an educational program utilizing the artificial wetland, and plant approximately an additional 15 trees per year for the next three years within the park.

January 2005

1/31/05: DEP entered into a Consent Order with a $50,000 Penalty regarding Verc Enterprises Inc., for drinking water violations in Berlin. The Duxbury-based company operates a gasoline station and convenience store at 267 Central Street/149 Coolidge Road in Berlin, where DEP personnel observed in 2003 that an on-site well which served as a source of public drinking water, had not received a permit for operation. Verc has agreed to correct the violations, pay $30,000 of the Penalty with the final $20,000 to be used for a Supplemental Environmental Project (SEP). DEP personnel also observed that an unapproved water treatment system had been installed at the water supply and treatment was taking place. The well being used as a public supply is located within an area of known groundwater contamination. The gas station has been designated as a Tier IA priority contamination site by the Department under Chapter 21E, with documented petroleum impacts to the soil and groundwater. Contaminants from the gas station operations have been found in the on-site well and in other wells near the facility. During enforcement negotiations, Verc was required to perform regular testing to ensure that water at the facility, which provided water for a Dunkin Donuts franchise operated at the site, was safe for consumption. Verc will connect to the Town of Hudson's nearby public water system within nine months of the order.

1/28/05: DEP entered into a Consent Order with a $2,875 Penalty to Haddad Motor Group Inc. of Lenox for failure to adequately address releases of hazardous materials. Haddad's auto dealership & repair facility at 526 Pittsfield Street, had received approval from DEP to undertake cleanup of hydraulic fluids and waste oils that were identified floating on the surface of groundwater under the building. In August of 2004, however, the DEP issued a Notice of Noncompliance to Haddad for failing to submit the required status reports and plans. Haddad then submitted a status report, which indicated that during 2003, response actions were discontinued, which was a violation of DEP's approved plan. In addition to paying the penalty, Haddad has now agreed to complete the remaining response actions.

1/28/05: DEP issued Penalty Assessment Notices (PAN) to Martha and Brian Zuckerman (Bri-Mar Farm in Hadley) in the amount of $175,150 for wetland violations. Portions of the area filled ' which includes 10,991 square foot of pond, 1,500 linear feet of stream channel, 19,000 square feet of bordering vegetated wetlands ' are classified as habitat for several endangered species. In addition work was conducted in the protected Riverfront Area of the Fort River without a permit. Martha Zuckerman, owner of the property, was also ordered by DEP to prepare restoration plans and to commence with restoration after approval of those plans by DEP. Activities occurred during and after February 2003 and were discovered by the DEP last summer after the Zuckerman's consultant submitted a Notice of Intent to the Hadley Conservation Commission requesting approval to construct a 44 - lot subdivision at the farm.

1/28/05: DEP issued a $60,150 Penalty Assessment Notice to Bruschi Brothers Incorporated. The contractor conducted a portion of the illegal work at Bri-Mar farms in Hadley (see above); DEP continues to seek information identifying other contractors that performed work at the site without permits.

1/28/05: DEP entered into a Consent order with a $19,900 Penalty regarding Motiva Enterprises LLC, (Shell Service Station) in Framingham. Motiva failed to clean up gasoline contamination at its service station in Framingham. Originally reported in the late 80's, comprehensive response actions did not start until 2000/2001. In early 2004, DEP issued Motiva a NON for failing to complete the cleanup. Motiva, in addition to the Penalty, agreed to finish the cleanup within established guidelines.

1/28/05: DEP entered into a Consent Order with a $500 Penalty regarding Burch Tree School, a day-care facility in Wilbraham, for failing to address public water system compliance issues. The facility will be connected to the community's public water system within six months and will comply with applicable requirements in the interim.

1/27/05: DEP issued a $3,000 Penalty Assessment Notice to Springdale Associates of Billerica for Wetlands violations. DEP determined that work was conducted without obtaining final approval on a parcel of land located at 54 Bart Hill Road in Billerica, resulting in the loss of 104 s.f. of Bordering Vegetated Wetlands.

1/26/05: DEP entered into a Settlement Agreement with eco/Pittsfield (eco/P), a resource recovery facility in Pittsfield. During recent testing of emissions at the facility, the limits for cadmium and lead were shown to be exceeding the permitted levels. The company has agreed to implement short-term modifications to its existing air quality control systems, and will evaluate and propose long-term measures to improve the performance. In addition, eco/P has agreed to perform an $8,000 mercury-removal project; the company will assist local educational institutions (Berkshire Community College, Holyoke Community College and Springfield Technical Community College) with the disposal of mercury-containing thermometers and also provide digital thermometers as replacements.

1/26/05: DEP entered into a Consent Order with a $3,750 Penalty regarding Home Depot U.S.A. for hazardous waste violations at facilities in Wilbraham and West Springfield. The company has agreed to correct the violations, which were discovered during DEP inspections in February 2004.

1/26/05: DEP issued a Demand for a $2,580 to Pride Convenience, Inc. for a previously suspended Penalty. In August of 2004, DEP entered into the Order with the company for Stage II (air quality/vapor recovery) violations at three of its facilities in Chicopee and Northampton. Follow-up inspections of the facilities revealed repeated violations.

1/25/05: DEP entered into a Consent Order with a $3,000 Penalty regarding Cycles Inc. located in Sterling for Industrial Wastewater violations. During an inspection of the facility located at 32 Chocksett Road, DEP discovered that the company was discharging water used to cool machinery to the ground without an approved groundwater discharge permit. DEP inspected the injection molding company in February 2004. The company is looking at ways to reuse all of its waste cooling water.

1/25/05: DEP entered into a Consent Order with a $9,000 Penalty regarding SS Realty Trust located in Leicester for Wetlands violations. An inspection of property owned by the Trust at 1439 Main Street in August 2004 noted excessive sedimentation from soil stockpiles impacting 250 feet of stream bank and 2,500 s.f. of Bordering Vegetated Wetlands (BVW). Due to inadequate and ineffective erosion and sedimentation controls at the site, soil impacted nearby Dutton's Pond and Town Meadow Brook located downstream of the property. A previous Order issued by DEP on 9/3/04 required the Trust to immediately stabilize the exposed soils at the site. The Trust agreed to develop a Comprehensive Wetland Restoration Plan prepared by a wetland specialist.

1/25/05: DEP entered into a Consent Order with a $28,000 Penalty regarding Jevic Transportation, Inc. a New Jersey-based corporation. Jevic failed to provide DEP timely notification surrounding three separate incidents involving releases of oil and hazardous materials in 2004. The order requires Jevic to review its spill contingency plans with its employees to ensure timely notification and response.

1/25/05: DEP entered into a Consent Order with a $10,000 Penalty regarding JKA Automotive of Malden for hazardous waste violation. Lawrence Vozzella, the president of the company, agreed the company had transported and disposed of waste oil in violation of regulations, and will take steps to bring his facility into compliance and retain the services of an environmental consultant to provide comprehensive environmental training for all employees.

1/25/05: DEP entered into a Consent Order with a $5,000 to Joseph LaLiberte and Robert Pondelli relative to a Tewksbury property formerly known as Kimball Estates. This penalty involves failure to obtain and record a 401 Water Quality Certification restriction and failure to place a line of boulders as depicted on the approved plan. DEP agreed to suspend $2,500 of the Penalty provided all terms of the order are met by 10/30/07.

1/24/05: DEP issued three Penalty Assessment Notices (totaling $50,720) to Roy's Towing of Springfield. Following inspections by DEP and the City of Springfield of businesses owned and operated by George Roy (two salvage yards; a used auto-repair yard and a repair garage), a number of violations were found involving the state's Hazardous Materials management (21C) Solid Waste and Hazardous Waste Cleanup (21E). Three Unilateral Orders were also issued requiring timely implementation of cleanup and corrective actions.

1/24/05: DEP issued a Demand for $1,000 in Stipulated Penalties to Father & Sons of West Springfield for its failure to comply with a Consent Order it had entered into with DEP in February, 2004. The Order at that time suspended a portion of the penalty provided the company develop and implement an Environmental Management Systems (EMS). The EMS, a comprehensive audit that adopts formal environmental processes and procedures, was also to be submitted to DEP by 6/25/04. A follow-up inspection of the Company's facilities revealed that a manual had not been developed.

1/21/05: DEP entered into a Consent Order with a $5,000 Penalty regarding Kimball Estates in Tewksbury for wetlands violations. Joseph LaLiberte and Robert Pondelli, (the owners) were found to have caused un-permitted fill of Bordering Vegetated Wetlands (BVW) and that replication did not occur as depicted on the approved plans. The owners agreed to replicate (completely) 500 square feet of BVW no later than 6/17/05. DEP agreed to suspend $2,500 of the Penalty if the site is in compliance on 10/30/07.

1/21/05: DEP entered into a Consent Order with an $8,625 Penalty regarding Jacobs Pillow Dance Festival, Inc. of Becket. The performing arts facility is required to make significant improvements to its wastewater facilities. DEP agreed to suspend $2,875 of the Penalty provided all terms of the Order are met.

1/21/05: DEP issued a Unilateral Order to Waste Management Inc. (WMI) of Massachusetts for violations at the Cottage Street landfill Springfield. WMI will be required to install a process to remove hydrogen sulfide gas, to address odor concerns. WMI is in the process of conducting closure of the landfill.

1/21/05: DEP issued a Demand for $1,000 for previously-suspended Penalties to SB Gas of Springfield for failing to comply with a Consent Order issued in February 2004. A January 2005 re-inspection of the facility revealed repeated Stage II (Air Quality) violations.

1/21/05: DEP issued a Demand for $1,000 in Suspended Penalty to BJ's Wholesale Club located in Chicopee for failing to comply with a previous Consent Order issued in September 2004. A January 2005 re-inspection of the facility revealed repeated Stage II (Air Quality) and hazardous waste storage violations.

1/19/05: DEP entered into an agreement with a $5,000 Penalty regarding White Eagles Society, Inc. to resolve wetland violations by the Greenfield-based non-profit service organization. The Order requires the Society to remove stone placed without proper authorization and stabilization measures for restoration of lost wildlife habitat, i.e. vegetation and 135-feet of stream bank along Hinsdale Brook. DEP agreed to suspend $2,000 of the Penalty if the Society complies with all terms of the Order.

1/18/05 Superior Court Judge Raymond Brassard issued a Final Judgment and Finding denying the motion to dismiss from Sunoco, relative to an enforcement matter involving the DEP and a gas station Sunoco owns at 1617 Falmouth Road in Barnstable. Judge Brassard affirmed DEP's final decision in this matter, which was an acceptance of an Administrative Law Judge's (recommended) decision. In effect, this grants that DEP's Motion to Dismiss (due to an un-timely filing of a request for an appeal by the respondent) is upheld and makes the DEP's $43,000 Penalty Assessment Notice to Sunoco final.

1/18/05: DEP issued a $2,000 Penalty Assessment Notice to the city of Northampton for Solid Waste violations at the city's landfill. The violations involved the acceptance of contaminated soils from a site in Fairfield, Connecticut during the months of November and December 2004. The soils in question contained low concentrations of cyanide, acceptance of which requires specific and prior approval from DEP. A similar violation occurred previously at the landfill and was addressed in a Consent Order between DEP and the city in December 2003. Under that Order, the City was fined $84,000, of which a large portion was suspended pending the completion of a Supplemental Environmental Project.

1/15/05: DEP executed a Consent Order with Berkshire Hills Regional School District relative to violations at the Monument Mountain Regional School located in Great Barrington. DEP entered the agreement in order to assure compliance related to underground injection control discharges, the future use of Well#1 and Well#2, cross connection control, lead and copper monitoring and completion of an emergency response plan.

1/15/05: DEP entered into a Consent Order with the Department of Conservation and Recreation relative to Savoy Mountain State Forest and Notch Visitor Center. The DCR has agreed to address bacteria problems at the facilities.

1/13/05: DEP entered into a Consent Order with a $7,187 Penalty regarding Environmental Compliance Specialists, Inc. for asbestos (air quality) violations at a work site in Worcester. DEP observed on 4/9/04 that employees of the company, which is located in Atkinson NH, had failed to notify the Department in writing of the change in dates of an asbestos abatement project. DEP agreed to suspend $2,687 of the Penalty provided the company complies with all terms of the Order.

1/13/05: DEP entered into a Consent Order with a $6,000 Penalty involving Resource Control Inc. for Solid Waste violations at the Fitchburg-Westminster Landfill. DEP inspected the landfill in September 2004 and found waste ban violations. In addition to the Penalty the operational policies at the landfill will be revised in order to prevent a recurrence.

1/13/05: DEP executed a Consent Order with a $56,250 Penalty regarding Richard Ayers d/b/a Flawless Painting Company of Lowell for Asbestos (Air Quality) violations. During an inspection on 3/16/04, DEP observed that Ayers had failed provide notification relative to a demolition/renovation operation involving the removal of asbestos-containing materials and failed to properly wet, seal, label and dispose of asbestos-waste materials during a renovation project he was doing at a residence in Westford. DEP agreed to suspend the entire amount based on Ayers bankruptcy, provided he does not repeat the violations for one year.

1/12/05: DEP entered into a Consent Order with a $7,500 Penalty regarding Jay Cashman, Inc. for failing to notify DEP of a hydraulic oil release into New Bedford Harbor during dredging activities conducted in May 2002. This spill was followed by two other hydraulic oil releases in May 2002, which were reported, but were the result of dredging practices that could have been modified to avoid the spills. This resulted in a discharge to the waters of the Commonwealth without a permit. In addition to the Penalty, the company agreed to conduct a Supplemental Environmental Project (SEP) involving payment of $7,500 into an escrow account. The SEP will be used by the City of New Bedford and the Town of Fairhaven to purchase oil spill response equipment as recommended by the Buzzards Bay Geographic Response Plan. The Buzzards Bay Geographic Response Plan is an oil spill planning document that is used by spill responders to guide decision making during the initial stages of an oil spill response. The document identifies coastal features including shoreline type, sensitive biological, cultural and economic resources at risk and priorities for initial protective efforts. Strategies for placing boom and other spill protection/collection equipment are also presented on coastal aerial photographs.

1/12/05: DEP entered into a Consent Order with a $21,570 Penalty involving Specialty Minerals, Inc of Adams to address air quality violations. While finalizing the re-submission of their air permit, the company discovered and (self) disclosed there were two emission units at the plant that had not been approved. These particulate matter control units had been in operation since 1992. In addition, DEP cited the company for fugitive dust emissions from their facility. The company has now obtained the appropriate permits and agreed to address the dust emissions.

1/11/05: DEP entered into a Consent Order with a $1,000 Penalty regarding Nino's Steak & Chops of Hingham for water supply violations. The restaurant, which is located at 415 Whiting Street in Hingham, and functions as a public water supplier, detected both e coli and coliform bacteria in October and November 2004. A boil order was issued; and, Nino's subsequently installed ultra-violet disinfection improperly. DEP agreed to suspend $500 of the Penalty provided all terms of the Order are met, including proper installation of its disinfection unit.

1/10/05: DEP entered into a Consent Order with a $5,000 Penalty involving Paul & Lynne Evans of Revere for wetlands violations. The Evans own the property at 103 Summer Street in Revere where DEP determined during an inspection of the site on 10/6/04, that work resulted in the alteration of approximately 1,000 square feet of Riverfront Area and filling of approximately 50 square feet of Salt Marsh within Rumney Marsh (a designated Area of Critical Environmental Concern).

1/10/05: DEP issued a Unilateral Administrative Order to Towne Cleaners of East Bridgewater. The facility, which is located at 5 West Union Street, was ordered to cease a discharge of contaminated cooling water to a storm drain system. DEP received an anonymous tip regarding a dry-cleaning solvent odor emanating from a catch basin. DEP inspected the dry cleaners and noted that non-contact cooling water discharging to an onsite drainage pipe had an odor of perchloroethylene. The owner immediately discontinued the discharge and halted use of the dry cleaning machine pending repairs of a leak in the cooling loop. Today's Order formalized the cessation of an un-permitted discharge. DEP will issue a Notice of Responsibility to require further assessment of the release.

1/7/05: DEP entered into a Consent Order with West Boylston Water District for violations of the Water Management Act. The District failed to apply for a permit to operate above the authorized withdrawal rate stipulated in its registration statement. The Order requires the District to implement a number of water conservation measures designed to decrease average and peak day demand. If after fully complying with the terms of the Order, the District still exceeds the authorized withdrawal, the Water District will obtain revised water use projections and submit a WMA permit application. If the Water District violates the terms of the consent order, the Water District will pay the Department a penalty of $8,000.

1/7/05: DEP entered into a Consent Order with a $17,350 Penalty regarding Brookside Development Group, Inc., of Bourne for solid waste violations. The company failed to certify a landfill cap, did not submit a post-closure use permit, and failed to report environmental monitoring data. The Order requires the company to: file a landfill cap certification by 4/15/2005; submit a post-closure use permit application by 5/15/2005; submit Initial Site Assessment report by 3/15/2005; and, adhere to the permit process established by the DEP for a Water Management Act permit. A risk assessment associated with post-closure use is on-going, and groundwater and landfill gas monitoring are continuing at the site while all task items above are being completed.

1/7/05: DEP entered into a Consent Order with an $8,600 Penalty involving the town of Holbrook. The town installed sewer extensions without having obtained permit approval. The town agreed in this order to implement a sewer-bank. The town must remove 4 gallons of infiltration and inflow for every 1 new gallon of sewage added. The Order does allow some flexibility: individual homes that have been permitted by the town will be allowed to connect with no offset, also, the town can choose to submit evidence to document/demonstrate it does not have an infiltration problem sufficient to meet the 4 to 1 ratio.

1/6/05: DEP issued a Unilateral Administrative Order to the town of Norwood requiring the town to inform customers to boil water prior to use, for all portable purposes, in affected areas of the Town.

1/5/05: DEP issued a $7,000 Penalty Assessment Notice to Michael's Service Station, Inc. of Fall River. The facility, which is located at 673 Bedford Street, is required by DEP's Unilateral Administrative Order to assess and remediate in a timely manner, the release from the station's Underground Storage Tanks (UST). In August of 1992, USTs, which were used to store gasoline, were being removed from the property. Assessment from around the tank area indicated that the USTs had released gasoline to the environment. The owner of the property has failed to address the contamination issues at the site and has fallen into non-compliance. The Department issued a Notice of Noncompliance to the property owner in March 2004. The property owner has continued to fail to address the site.

1/5/05: DEP entered into a Consent Order with Robert L. Perry of Wareham. The Order allows Perry to abandon his cranberry bogs in Middleboro instead of obtaining a Water Management Act permit. Perry agreed he will first obtain a Water Management Act Permit if he should resume farming more than 9.3 acres of bogs. Today's Order also rescinds two previously issued DEP enforcement documents: a Penalty Assessment Notice (from12/16/04) as well as a Consent Order between DEP and Perry on 5/9/02. In a related matter, due to failure to pay taxes on his cranberry bogs in Barnstable, the town took possession of those bogs; DEP will notify Barnstable that those bogs are no longer registered with Water Management Act program.

1/3/05: DEP entered into a Consent Order with a $25,000 Penalty regarding Premier Homes/Meadow Creek for Wetlands violations. The company, which owns the property off Broadway Road in Dracut, exceeded the allowable alteration of wetlands resource area as delineated in a superseding order of conditions issued for the project. The company received a Notice of Noncompliance from DEP for similar violations on 3/25/04. In addition to the Penalty, the company agreed to restore the impacted area by 6/30/05.