December 2006

12/28/06: MassDEP entered into a Consent Order with an $8,200 Penalty involving Garelick Farms, LLC, a Delaware-based corporation, for Waste Site Cleanup violations in Franklin. The company failed to notify MassDEP of a release of 50 gallons of diesel fuel within the required timelines. In the wake of its failure to notify, the company has now moved to comply with additional requirements including hiring the appropriate cleanup professionals.

12/28/06: MassDEP entered into a Consent Order with a $36,360 Penalty regarding Tempron Products Corp., a small rubber products manufacturer operating at 26 Granite Street in Milford for Hazardous Waste violations. During an inspection by MassDEP in 2005, it was determined that the company failed to label a hazardous waste and a waste oil container. MassDEP issued a Notice of Noncompliance in June of 2005. A follow-up inspection and subsequent telephone conversations with company officials revealed the company illegally disposed of the hazardous waste and waste oil by using it to help ignite a pile of brush at a company official's home. Under the terms of today's Order, the company, a small business with documented financial hardship, will pay $500 with the balance suspended for a year pending compliance with applicable regulations.

12/28/06: MassDEP has issued a $36,625 Penalty Assessment Notice to Joseph T. Duggan for Asbestos violations at 225-233 Shrewsbury Street in Worcester. A MassDEP inspection of a renovation project at that location in February 2006 found (12) unmarked household trash bags containing dry, friable asbestos insulation that had been generated by the renovation activities. Additionally, MassDEP inspectors observed pieces of dry, friable asbestos insulation uncontained on the floor at the Site. Efforts to reach a negotiated settlement with Duggan have been unsuccessful.

12/28/06: MassDEP executed a Consent Order with a $20,000 Penalty involving Oak Point Properties I, LLC, of Middleborough for Water Pollution Control violation. The unauthorized construction of sewers and relocation of the main pump station without receiving final approvals in violation of the Massachusetts Clean Waters Act, and the Sewer Extension and Connection Permit Program.

12/28/06: MassDEP executed a Consent Order with a $36,860 Penalty involving Tempdon Products Corporation of Milford for Hazardous Waste violations in Milford. During a MassDEP inspection at the company to determine compliance with a Notice of Noncompliance, it was determined that the company had not complied with the labeling requirements, and that the company illegally disposed of the hazardous waste and waste oil by using it to help ignite a pile of brush at a company official's home. Based on financial hardship and under MassDEP's small business policy, $36,360 of the Penalty will be suspended pending compliance.

12/28/06: MassDEP executed a Consent Order Heath-Hammond, LLC, owner of 639 Hammond Street in Brookline for Waste Site Cleanup violations. Specifically, the company was cited for failure to meet deadlines set out in an Interim Deadline Letter issued on 10/3/06. The former, auto shop is being developed for residential use. The owner recently purchased the site and requires extra time for removal of up to 300 yards of contaminated soil. Today's Order establishes a deadline for submitting Waste Site Cleanup reports with a final (or Response Action Outcome) statement. Today's Order also contains a stipulated penalty provision for any missed deadlines.

12/28/06: MassDEP executed a Consent Order with a $12,500 Penalty involving Rainbow Builders of Ashland for Water Pollution Control violations. Daniel Aho, President of Rainbow Builders, based in Rindge, N.H., failed to obtain a sewer extension permit before building the site infrastructure for a subdivision of 10 single-family home lots. Six of the homes were built, sold and occupied prior to MassDEP's unannounced site inspection. In addition to the Penalty, the company must obtain Massachusetts Historical Commission approval before the sewer permitting process can resume.

12/22/06: MassDEP entered into a Consent Order with a $6,600 Penalty involving the Department of Mental Health, operator of Worcester State Hospital. The hospital was found to be storing waste oil for longer time periods than allowed by its registered status; failed to record inspections of the waste oil accumulation area; and, failed to follow numerous other hazardous waste management requirements such as proper marking and labeling, posting of signs, and keeping hazardous waste containers closed. In addition to the Penalty, the Hospital will maintain compliance with all applicable regulations.

12/21/06: MassDEP entered into a Consent Order with a $21,750 Penalty involving the Boston Medical Center (BMC) for Hazardous Waste compliance violations. On 3/20/06, 40 packets of acid-based hazardous materials were improperly disposed, resulting in vaporization and harmful air emissions and, as a pre-caution the premises at 715 Albany Street had to be evacuated. In addition to the penalty, BMC has agreed to re-train it employees in the proper use, storage and disposal of hazardous waste and to develop and implement an Environmental Management System (EMS).

12/21/06: MassDEP entered into a Consent Order with Wyeth Pharmica for Air Quality Control violations at its Burtt Road facility in Andover. Today's Order contains a compliance schedule for replacement of a failed heat exchanger serving an air pollution control (APC) system at the company's biotech facility in Andover. The heat exchanger, which failed at the end of November 2006, served the air pollution control system on its combustion turbine generator. Wyeth operates two generators that provide power for its biotech manufacturing processes. Wyeth has agreed to purchase discrete nitrogen oxide (Nox) credits in the amount of the excess emissions occurring during this period. Worst-case calculations indicate that it will be necessary to purchase and permanently retire approximately two tons of Nox Emission Reduction Credits. Wyeth will be subject to daily-stipulated penalties if it fails to meet any of several aggressive interim milestone dates contained in today's Order leading to the installation and operation of the new heat exchanger.

12/20/06: MassDEP entered into a Consent Order with A-Z Service Station, Inc., for Waste Site Cleanup violations at1550 Commonwealth Avenue in Brighton (Boston). Specifically, violations involved failure to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 10/3/06. Today's Order establishes a deadline for submitting a permit extension by 1/30/07 as well as deadlines for submitting cleanup reports including a final (Response Action Outcome) statement and stipulated penalties for any missed deadlines.

12/20/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Waste Site Cleanup violations at 879 Blue Hill Avenue in Dorchester (Boston). William F. Cranmore as Trustee of Avenue Realty Trust, which owns the property, was cited for failure to submit either a Phase I Report or a final (Response Action Outcome) statement by the deadlines established. Today's Order requires either a Phase I Report or an RAO Statement for the site by 8/1/07. MassDEP has agreed to suspend $22,500 of the Penalty provided the terms of the Order are met.

12/19/06: MassDEP executed an Amended Consent Order with Penalties for Waste Site Cleanup violations involving Manuele Scata d/b/a "Auto Doctor" at 1181 Bennington Street in East Boston. A longstanding issue of "gasoline" in groundwater is associated with the "Auto Doctor" property, which is immediately adjacent to the Belle Isle Marsh, an area that has been designated as of Critical Environmental Concern. Underground Storage Tanks, or USTs, were previously removed from Scata's property, and soil contamination was identified. Under today's Order, Scata has agreed to address any conditions that require Immediate Response Actions, and to submit a final (or Response Action Outcome) statement no later than 12/20/09. In addition to the paying $4633.71 for costs incurred by MassDEP in relation to this site, Scata will pay $4,000 in outstanding annual compliance assurance fees. Today's amended Order also requires Scata to pay a $15,000 Civil Administrative Penalty. MassDEP has agreed to suspend, $10,000 of the Civil Administrative Penalty provided all terms of today's Order are met.

12/19/06: MassDEP entered into a Consent Order with a Mendon Cape Road LLC owners of the building being leased by the Just-A-Wee Day Care Center in Mendon for Water Supply violations. The LLC is a Public Water System for the facility, which is currently licensed to serve a capacity of 73 children plus staff. Today's Order ensures that the water supplied to the children and staff is properly monitored as required by the Clean Water Act.

12/18/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Stephen Caruso as Trustee of R & S Realty Trust for Waste Site Cleanup violations at 320 Charger Street, Revere. The Trust is the current owner of the site where failure to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 7/21/06. Today's Order establishes a deadline for the Trust to submit permit extension (12/30/06) as well as deadlines for submittal of a Phase III, Phase IV and final outcome statement. MassDEP agreed to suspend $20,000 pending compliance with the terms of the Order.

12/18/06: MassDEP entered into a Consent Order with a $24,135 Penalty involving Asbestos violations at the Topia Inn in Adams. Jean Godbout conducted the illegal asbestos removal at 10 Pleasant Street. MassDEP received a complaint in February of 2005 alleging illegal removal and disposal, and an investigation confirmed that asbestos siding had been improperly handled. Transite had been stripped from the three-story building and dropped to the ground causing broken pieces to be scattered on the sidewalk and the street. MassDEP has agreed to suspend $16,135 of the Penalty pending compliance over a two-year period.

12/15/06: MassDEP entered into Consent Order(s) regarding Water Supply violations at two Hostelling International, USA, locations in Eastham and Nantucket. Hostelling International operates these two youth hostels at which unapproved public water supplies were being utilized. Today's Order requires that each location take the appropriate steps to bring the facilities into compliance with Water Supply regulations.

12/15/06: MassDEP entered into a Consent Order with a $14,750 Penalty involving Wetlands violations at Attleboro Sand & Gravel Corporation in Attleboro. Specifically, the company was allowing the unauthorized discharge of sediment to the Ten Mile River. The discharge resulted when the company (which owned the property prior to the current owner) located a pile of excavated soil within the Riverfront area without any proper sedimentation controls and sediment was discharged during a rain event through ditch depositing silt into a bordering vegetated wetland and the Ten Mile River in Attleboro. Today's Order requires Attleboro Sand & Gravel to remove the pile within the Riverfront Area. The company has also agreed to conduct a Supplemental Environmental Project (SEP) in the amount of $11,100 in which it will assist the City of Attleboro to repair the Farmers Pond Dam in the Ten Mile River by replacing the old deteriorating structure with a new dam. The City performed the permitting and design for the dam. Attleboro S&G will hereafter help the City to construct the dam by providing labor, equipment and materials. Repair of old deteriorating dams provides a significant benefit for the safety of the downstream public and infrastructure especially in urban settings like this. Last year the City of Taunton was threatened with the failure of a dam in its downtown area. In that instance, emergency repairs were required and city residents had to be evacuated for a number of days because of the threat of dam failure. The company will pay $3,650 in addition to the SEP.

12/15/06: MassDEP executed a Consent Order with Mascoma Land Company (Ken and Denise Pincince) of Ware for Water Supply violations. The company operates a day-care center that in that capacity operates as a public water system serving a day care and a residence. Water Quality results indicated that the copper Action Level was exceeded. Today's Order requires the installation and operation of corrosion control to ensure a safe drinking water supply for any consumer at the facility.

12/14/06: MassDEP entered into a Consent Order with a $16,000 Penalty involving Connecticut Valley Sanitary Waste Disposal, Incorporated for Solid Waste violations at the Chicopee landfill. Specifically, today's Order addresses continued intermittent odors emanating from the Chicopee Landfill. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance with the terms of the Order.

12/14/06: MassDEP issued a demand for a $1,000 previously suspended Penalty involving Gary Suffriti, Agawam (WERO): MassDEP issued a Demand for suspended penalty to Gary Suffriti, who owns and operates a construction company known as Suffriti Construction located in Agawam. Suffriti had agreed to perform a Supplemental Environmental Project (SEP) as part of a Consent Order executed on 9/5/05, and has failed to demonstrate that the SEP has been performed.

12/14/06: MassDEP issued a $2,000 demand for a previously suspended Penalty involving Michael Goldberg who is an independent developer and resides in East Longmeadow. Goldberg had agreed to implement an Environmental Management System (EMS) as part of his obligation under a Consent Order executed on 3/7/05. Goldberg has failed to demonstrate that the EMS has been implemented.

12/14/06: MassDEP executed a Consent Order with a $30,000 Penalty involving Wetlands violations on Salisbury Beach Island, Salisbury. Arlene M. Leakeas, the trustee, was cited for violations at a residential property. The site is located on a barrier beach with a coastal dune and is subject to an order of conditions. The order allows for the construction of a single-family house and elevated boardwalk over the dune. MassDEP, however, found that the work was in non-compliance with the order and/or after expiration of the order was performed including extension of the permitted boardwalk, a poured concrete walkway, a fence, and a stone dust parking area. In addition to the Penalty, the Trust is required to restore approximately 1,500 square feet of coastal dune and/or barrier beach. MassDEP has agreed to suspend $27,000 of the Penalty provided the terms of the Order are met in one year.

12/14/06: MassDEP executed a Consent Order with Boulevard Realty Associates, LLC for Waste Site Cleanup violations at 381 Quincy Avenue, Quincy. The Trust, which owns the property failed to meet the required cleanup deadline, including a direct Notice of Noncompliance issued by MassDEP on 9/11/06. Today's Order establishes new deadlines including: 2/1/2007 for submittal of a Release Abatement Measure (status report or completion statement); and submittal of either a permit application (Tier Classification) or a final (Response Action Outcome) statement by 7/1/07. Today's Order also contains stipulated penalties for any missed deadlines.

12/13/06: MassDEP entered into an Amended Consent Order with a $6,000 Penalty regarding the Malden Water Division. The City of Malden agreed to pay $6,000 in suspended penalties for not meeting timelines established in a previous Consent Order with MassDEP. The City had not submitted information in some instances, and had submitted inadequate information in others, related to its Lead Service Line Replacement program. Boston and Regional Drinking Water Program staff met with the City to make sure the City understood what is required of it under this program. MassDEP has also prepared customized templates for the city to use in preparation of required documentation.

12/12/06: MassDEP issued Notices of Noncompliance to 52 public water supply systems for "Monitoring & Reporting" violations. The failures to monitor and/or report water quality data occurred during the third quarter of 2006. The violations included failure to monitor for various water quality contaminants including the Total Coliform Rule, Lead and Copper Rule, and Disinfection By-Product Rule. They include 21 Community systems (11 municipalities); 8 Non-Transient, Non-Community systems (two schools Bay Path Vocational in Charlton and the Dawning Place School in Dudley); and 23 Transient Non-Community systems.

12/12/06: MassDEP entered into a Consent Order with the town of Greenfield for Waste Site Cleanup violations. Greenfield, owns and operates the property at 412 Main Street (Greenfield Fire Department). At this location, Greenfield failed to submit the cleanup reports by the deadline established in a previously-issued Notice of Noncompliance issued on 3/21/06. New deadlines have now been established including the submittal of the Phase II Report by 5/14/07, and submittal of the Phase III Plan by 6/11/07. Today's Order also contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.

12/12/06: MassDEP issued a $12,500 Penalty Assessment Notice to Peter Sares for Wetlands violations at 849 Main Street in Wilbraham. Specifically, MassDEP found that Sares was responsible for cutting and clearing vegetation and leaving fill in place on approximately one acre of Bordering Vegetated Wetland. The Wilbraham Conservation Commission had issued verbal and a written enforcement order on 4/17/03, but Sares failed to remove the fill and restore the wetland. MassDEP also issued an Order to cease work to a contractor TMPMJ Enterprises, in connection with violations of the Massachusetts Wetlands Protection Act at the above location. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

12/12/06: MassDEP executed a Consent Order with a $30,000 Penalty involving I & C Corporation for Waste Site Cleanup violations at 201-203 Elm Street in Somerville. The corporation owns the property where a Dominos's Pizza shop is currently located. The corporation failed to submit cleanup reports within the required timelines. Today's Order includes new deadlines for submitting cleanup reports including a final (Response Action Outcome) statement. MassDEP agreed to suspend $15,000 of the Penalty pending one year of compliance.

12/12/06: MassDEP entered into a Consent Order with a $39.000 Penalty involving M.K. Realty Trust for Water Pollution Control violations in Tewksbury.
Robert Scarano, President of M.K. Realty Trust, failed to obtain a sewer extension permit before building eight residential townhouse condominiums (16 condos), a twelve-room bed and breakfast, new road (Preservation Lane) and temporary sewage pump station. The pump station will be in use until such time as the town's expanding sewer system can receive flows by gravity. The new road had already been constructed and most of the condos sold and occupied. Once the Respondent obtains Massachusetts Historical Commission approval for the project and site, the sewer permitting process will resume. MassDEP has agreed to suspend $28,000 of the Penalty provided all terms of the Order are met.

12/12/06: MassDEP entered into a Consent Order with a $7,310 Penalty regarding Holly Street Enterprises, Inc. for Air Quality violations at its facility in Gloucester. MassDEP personnel conducted the site inspection of the property on 9/6/06 and determined that the facility was not properly managing the operation of its gasoline dispensers. Holly Street had failed to comply with the applicable Stage II (vapor recovery of fuel emissions) regulations. Since this property recently changed ownership, MassDEP agreed that a $500 Penalty (comprising the inequity of economic benefit enjoyed by the facility for failing to have the system tested) would be sufficient. MassDEP has also agreed to suspend the remainder ($6,810) of the Penalty pending one year of compliance with all regulations and terms of the Order.

12/11/06: MassDEP entered into a Consent Order with a $10,060 Penalty involving New Marlborough Fire Company for Air Quality (demolition) violations. New Marlborough. MassDEP received several complaints on 3/9/06 about the demolition of a building by the New Marlborough Township Volunteer Fire Company. An inspection by MassDEP determined that excess dust was being generated, and, (while conditional approval had been given) the company failed to follow terms of the approval including: failing to notify MassDEP that the work had commenced; providing roll-off dumpsters that were not in adequate condition; and, failing to conduct proper air monitoring during the demolition operations. The company has agreed to follow the provisions of its conditional approval. MassDEP has agreed to suspend $7,560 of the Penalty pending a one-year compliance with all terms of today's Order.

12/11/06: MassDEP entered into a Consent Order with a $12,000 Penalty regarding Air Quality violations at Mustang Motorcycle Products, Inc in Palmer. On 6/5/06, MassDEP was informed by the company that for approximately 18 months, it had been operating without an air quality permit. A subsequent inspection of the facility by MassDEP on June 6, 2006, confirmed the noncompliance. The company, which cooperated fully with MassDEP, has submitted a permit application and agreed to pay $9,000 of the Penalty. MassDEP has agreed to suspend the remaining $3,000 pending the company's compliance with the terms of the Order.

12/11/06: MassDEP executed a Consent Order with $5,000 Penalty regarding Air Quality (Asbestos) violations by Jorge Salas at his Main Street property in Holyoke. Responding to a complaint from the Holyoke Department of Public Works, MassDEP found materials disposed of improperly at the City's recycling facility. The materials were traced back to Salas' property where the front entrance had been replaced causing damage to the asbestos siding. Pieces of asbestos were found scattered on the driveway and in the lawn around the house. When notified by the MassDEP of the problems, Salas immediately retained the services of a licensed asbestos contractor to properly clean up the asbestos siding found in the yard and at the City's recycling facility. MassDEP agreed to suspend $4,000 of the Penalty pending a one-year compliance period.

12/11/06: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Air Quality (Asbestos) violations at 409 Wilbraham Road in Springfield by Brian Baker of 150 Rumford Avenue in Mansfield. MassDEP found that Baker (of Mansfield) had improperly handled asbestos containing insulation material. The City of Springfield Plumbing Inspector originally alleged an old boiler had been removed from the basement of Wilbraham Road and that asbestos material littered the floor of the basement. MassDEP confirmed the illegal handling of asbestos material by Baker and required him to retain the services of a licensed asbestos contractor to clean up the basement. MassDEP has agreed to suspend $14,000 of the Penalty pending a one-year compliance period.

12/11/06: MassDEP executed a Consent Order with a $10,000 Penalty Topia Arts, LLC, of Becket for Air Quality (Asbestos) violations at 10 Pleasant Street in Adams. MassDEP received a complaint in February of 2005 alleging illegal removal and disposal of asbestos by Topia's contractors (see separate action on 12/18/06) working at the future home of the Topia Inn. An investigation by a MassDEP confirmed that asbestos siding had been improperly handled. The asbestos-cement shingles, known as "transite", had been stripped from the three-story building and dropped to the ground causing broken pieces to be scattered on the sidewalk and the street. Topia Arts quickly responded and cooperated regarding the violations; MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.

12/11/06: MassDEP entered into a Consent Order with $22,400 Penalty regarding S&R Corporation for Air Quality (Asbestos) violation in Warwick. S&R, which is based in Lowell, was found to be mishandling asbestos-contaminated construction debris in August of 2005, during the demolition of the former Massachusetts Correctional Institution. Previously, in July of 2005, the facility owner, the state's Division of Capital Asset Management (DCAM) was ordered by the State Building Inspector to demolish all of the buildings at the facility because of fire and safety concerns. At DCAM's request, MassDEP issued an emergency approval with specific requirements for the demolition work. During a site inspection, MassDEP personnel found that S&R had not fully complied with the terms of the approval. S&R Corporation will pay a penalty of $8,700, while the remaining $13,700 will be suspended during a one-year probationary period.

12/11/06: MassDEP issued a Demand for $5,000 in Stipulated Penalties to the Department of Conservation and Recreation - Mount Greylock State Reservation in Lanesboro. MassDEP issued the Demand due to violations of an existing Consent Order, which took effect on 6/30/00. The Order required that the complete remediation of the Mt. Greylock State Reservation no later than 12/31/04. By request, the DEP granted an 18-month extension of deadlines on 3/7/03, agreeing to extend the deadline to complete remediation until 6/30/06. The Order calls for penalties to the Commonwealth for failure to comply with the terms of the Order. To date, the cleanup that is required to bring this facility into compliance has not been complete, specifically, DCR has not complied with the requirement to sample private residential wells within 500 feet of the gasoline release.

12/11/06: MassDEP entered into a Consent Order with the Massachusetts Department of Conservation and Recreation (DCR) for Water Supply violations at Myles Standish Forest in Plymouth. The facility serves as a public water supply system to the "cottages" or "campsites" that are leased on the State Forest property. Today's Order requires that DCR provide MassDEP with water-use records, an on-site evaluation of each water source, required monitoring data and comply with the certified operator requirements of the Drinking Water Program.

12/8/06: MassDEP executed an Amendment to an existing Consent Order with Todesca Equipment Company, Inc. for Waste Site Cleanup violations at its 19-25 Lanesville Terrace property in Roslindale (Boston). Today's Amendment requires a $2,000 Penalty (which is in addition to the original amount of $6,000) and establishes a new deadline for returning the site to compliance, specifically requiring the submittal of a Phase I Report and a Tier Classification submittal by 5/1/07. All other terms of the original Order are still in effect including the payment of $1,000 stipulated penalty in the event of non-compliance.

12/8/06: MassDEP executed an Amendment to an existing Consent Order regarding Waste Site Cleanup violations at 294 Belmont Street (Hi-Lo Gas Station) in Worcester. Richard Cravedi, signatory to the Order, has agreed to new deadlines for completion of response actions for the gasoline contamination at this location. Previously, Cravedi had submitted a Remedy Operation Status (ROS) in compliance with the agreed upon deadlines. However, new conditions at the site - including the presence of additional product - have compelled Cravedi to terminate the ROS, necessitating an amendment with new deadlines.

12/8/06: MassDEP executed a Consent Order with a $12,000 Penalty involving Peterborough Oil Company for Waste Site Cleanup violations at its Mr. Mike's gasoline station and convenience store in Ashby. A release of gasoline to the groundwater contaminated eight private drinking water wells in the vicinity of the station with MTBE. Bottled water or treatment systems were provide to residences with affected wells. In February 2002, Peterborough filed a Remedy Operation Status Submittal, asserting that no substantial hazard existed, based on the use of treatment systems as a prevention measure. MassDEP conducted an audit of the site in November 2004, and discovered that Tertiary-Butyl Alcohol (TBA) had also been detected in four private wells for a period of two years prior to the audit. The treatment systems were not filtering the TBA out of the tap water. Although a drinking water standard was not established at the time, the company did not take any action to modify their treatment systems, nor did it conduct a quantitative substantial hazard evaluation to determine the risk posed to residents by the TBA. MassDEP has agreed to suspend $1,100.00 to be suspended if it continues to comply with cleanup requirements for the next two years.

12/8/06: MassDEP executed a Consent Order with a $9,600 Penalty involving Peterborough Oil Company, Inc. for Waste Site Cleanup violations at Mr. Mike's gasoline station and convenience store in Hubbardston. A release of gasoline to the groundwater contaminated the drinking water well serving the Mr. Mike's gasoline station and convenience store. The company did not immediately notify MassDEP of the contamination in the well, and inaccurately identified the drinking water well as a private well in its submittals to MassDEP. Because the well is used for service of coffee in the convenience store, it is considered a public water supply well and therefore a Tier I Permit was required. After the violations, the company then completed the required cleanup and submitted a final outcome statement.

12/8/06: MassDEP entered into a Consent Order with a $38,000 Penalty involving Water Supply violations at Mr. Mike's gasoline station and mini-market on Main Street in Hubbardston. The site is listed as contaminated due to petroleum release, but was also operating as an unapproved Public Water Supply. C.H. Partners I Limited Partnership, Peterborough Oil immediately began using bottled water. The company has also agreed to operate the existing well in accordance with the requirements for a Public Water supply while a new compliant well is developed. Additional property has been purchased to site a new well with a compliant (protective) Zone I. A permit has been submitted, and is under review. Today's Order will ensure the water quality being served to the public at this location meets the appropriate standards.

12/8/06: MassDEP CERO entered into a Consent Order with a $2,585 Penalty regarding the Assabet Water Company in Stow for Water Supply violations. The water company failed to begin construction of the treatment facility as approved in 2004, which would have prevented a water shortage situation that occurred in the spring of 2005. The company has agreed to construct a filtration plant for a groundwater source determined to be influenced by surface water, to construct additional storage to address pressure and water quantity issues, and to address other deficiencies noted during a sanitary survey inspection. Environmental benefits of this action include providing a filtered water source to assure the quality of drinking water served to 190 homes and a golf course clubhouse.

12/7/06: MassDEP issued a Unilateral Order to ECC Corporation for Hazardous Waste violations in Holden. MassDEP's Compliance/Enforcement Section and Emergency Response, as well as EPA's Emergency Response Group and the local Fire Department inspected the building to determine if wastes presented an imminent threat to human health and the environment. The Company was found to have stored large quantities of Printed Circuit Board manufacturing waste for over a year after ceasing operations. Today's Order gives the company a short window of time to properly dispose of the waste and decontaminate storage areas.

12/6/06: MassDEP issued eight (8) Notices of Noncompliance to Public Water Systems for Lead and Copper Monitoring and Reporting failures: Ware Water Department; Warwick Community School; Sportshaven Mobile Home Park (Belchertown); Griswoldville Water District (Colrain); South Ashmere Water Association (Hinsdale); Ashmere Water Service (Hinsdale); Holland Elementary School: Brookside Village (Wales). Each of the violations at these community and non-transient non-community water systems related to a failure to monitor and report violations that occurred during 2006.

12/6/06: MassDEP issued a Unilateral Order to James G. Grant Co., of 28 Rear Wolcot Street in Hyde Park (Boston). Grant was ordered to stop receiving asbestos containing material, asbestos contaminated material, and/or asbestos containing waste material at its facility. In addition, Grant was ordered to file an asbestos cleanup proposal with MassDEP for review and approval. Grant was also sent an approval of the proposed Operation and Maintenance plan in an attempt to keep Grant in compliance while MassDEP reviewed site suitability issues for the existing unapproved transfer station operations at the site. Grant was advised that the review of the site suitability application has been suspended pending Grant's return to compliance. The actions above were the result of a join inspection conducted at the site by MassDEP and personnel representing the City of Boston.

12/6/06: MassDEP entered into a Consent Order with an $11,600 Penalty regarding Amgen (Cambridge) Real Estate Holdings, Inc for Air Quality violations. MassDEP conducted an inspection at Amgen as a routine, scheduled check of the operation of all Large Quantity Generators of hazardous waste. Due to the Department's practice of conducting cross-media inspections, the haz-waste inspector observed an evident air quality violation. Amgen has an air quality plan approval allowing the operation of an emergency diesel generator. The approval requires that Amgen burn ultra-low sulfur diesel in the unit. The inspector found that the facility was burning a higher-sulfur content diesel. Amgen has agreed to burn the proper sulfur fuel from this time forward, which will reduce its sulfur dioxide emissions.

12/5/06: MassDEP executed a Consent Order with the Holyoke Sanitary Landfill, Inc. for Solid Waste violations in Granby. Today's Order allows for extending a compliance date for the acquisition of some additional land at the landfill site. The area in question relates to a small closed portion of the landfill that was filled beyond the property line in the 1970s.

12/5/06: MassDEP issued a Demand Letter for $7,000 Payment to Boyco Corporation (owner of Metals Recycling Facility in Springfield) for failure to comply with terms of a previous Consent Order. As owner of a former scrap yard, the company failed to complete response actions relative to the release of hazardous materials at the site. Boyco had agreed to complete response actions, which included assessment, remediation, and submittal of documentation of the completion of response actions. To date, Boyco has not completed response actions and the MassDEP has not received the required submittals in conformance with the deadlines.

12/4/06: MassDEP executed a Consent Order with a $25,000 Penalty involving A&E Service Station for Waste Site Cleanup violations at 199 Concord Avenue, in Cambridge. Joseph Basile, the president of the company that is the current operator of the site, which site in a residential area of Cambridge. Specifically, the violations were for failure to submit progress reports on the cleanup according to the deadlines established. Today's Order includes new deadlines for submitting progress reports including a final outcome. MassDEP has agreed to suspend $25,000 of the Penalty pending compliance with the terms of the Order.

12/4/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Merrimac for Wastewater Management violations. In May 2005, the Town failed to notify MassDEP when high flows to their wastewater treatment plant, caused by rain, and overwhelmed their influent gravity sewer line, which flowed into an abutting wetland. The Town must start a residential program to inspect and remove sump pumps in order to eliminate excessive inflow into the sewer system. The Town must also repair sewer manholes to remove Infiltration/Inflow and conduct extensive sewer line replacement in the Lake Attitash section in order to remove excessive infiltration into the system by May of 2008.

12/1/06: MassDEP entered into a Consent Order with Little Chelsea's Learning Center, a day care facility in Spencer for Water Supply violations. Due to the number of children attending, the facility is a public water supply, but had not applied for or received authorization from MassDEP to operate as a water supply. This facility was located as part of last year's Day Care initiative inspections. The facility will hire a certified operator and take other steps to come into compliance with MassDEP regulations.

12/1/06: MassDEP executed a Consent Order with a $3,000 Penalty involving Cesyl Mills, Inc., of Millbury for Air Quality and Hazardous Waste violations. The Company was found to be violating opacity regulations and failed to comply with hazardous waste management requirements such as proper labeling of waste drums and proper signage in and delineation of its hazardous waste accumulation area. In addition to paying a $3,000 administrative penalty, the company will comply with applicable regulations and apply for an Air Quality plan approval.

12/1/06: MassDEP entered into a Consent Order with a $3,000 Penalty regarding Cesyl Mills for Air Quality and Hazardous Waste violations in Millbury. The Company was found to be violating opacity regulations and failed to comply with hazardous waste management requirements such as proper labeling of waste drums and proper signage in and delineation of its hazardous waste accumulation area. In addition to the penalty, the company will comply with applicable regulations and apply for an Air Quality plan approval

November 2006

11/30/06: MassDEP issued a Unilateral Administrative Order to the Town of Lexington for Wetlands violations. An inspection by MassDEP as a result of a citizen complaint found that the town was mowing approximately an acre of bordering vegetated wetland at the Dunback Meadow Conservation Area near Allen Street. The activity has historically been conducted for management purposes to a varying extent each year in August. The mowing in August of 2006, however, was found to have impacted a larger area than in previous years and the activity was being performed without any formal management plan or written authorization. Today's Order requires the Town to cease and desist any mowing within wetlands jurisdiction on the site until such time as a filing is made and a final written authorization is received.

11/29/06: MassDEP entered into a Consent Order with the South Hadley Fire District # 2 for Water Supply violations. MassDEP executed an agreement with this Public Water System to address total coliform detections in its distribution system. Today's Order requires the District to submit procedures for addressing the risk from construction activities and disinfection activities associated with broken water mains.

11/28/06: MassDEP issued a $21,400 Penalty Assessment Notice to Eaton Mechanical, Inc. for Air Quality (asbestos) violations at 67 Pearl Street in Middleborough. The company failed to submit written notification regarding the removal of asbestos from the basement of a three family apartment building and for violating several asbestos work practices during the removal and dismantling of a boiler and associated pipe wrapped with asbestos insulation. The work practice violations included: failure to seal the work area and failure to use air-cleaning equipment during the removal. The asbestos waste disposal violations included: failure to containerize the waste in approved leak tight containers and failure to properly label waste containers that were stored at Eaton Mechanical's business address, which is not an approved waste transfer station. Since 3/23/06 MassDEP has met and discussed with Eaton officials the violations but no resolution of the matter has been reached prompting today's action.

11/27/06: MassDEP executed a Consent Order with a $35,000 Penalty involving the Estate of Charles Balestraci for Waste Site Cleanup violations. Specifically, the Estate is the current owner of 6 Jewett Street in Rockport where a failure to submit a Phase IV Report and an RAO (final outcome) within the established deadlines. Today's Order includes a deadline for submitting a Tier II Extension, an IRA Plan, a Phase IV Report and an RAO for the site. MassDEP has agreed to suspend $30,000 of the Penalty pending compliance.

11/27/06: MassDEP entered into a Consent Order with a $25,000 Penalty involving Getty Realty Corporation for Waste Site Cleanup violations at 701 Cochituate Road in Framingham. Specifically, the violations were for late submittals of Phase III and Phase IV Reports; and for failure to achieve a Response Action Outcome (RAO) or submit a Tier Classification within timelines specified in the MCP. MassDEP has agreed to suspend $12,500 of the Penalty pending compliance.

11/24/06: MassDEP entered into a Consent Order with a $6,581.50 Penalty involving Air Safe Inc., for Air Quality (Asbestos) violations in Acton. The company, which is based in Norwood, failed to properly seal the work area and use appropriate air filtration during asbestos abatement work at the Quail Ridge Country Club in Acton. The Company was required to make repairs before continuing the project, including securing the work area so as emissions to the ambient air would not occur. MassDEP agreed to suspend $2,581.50 of the Penalty provided there are no further asbestos violations for one year.

11/22/06: MassDEP issued a Unilateral Order to Blair Enterprises Corp. for Wetlands violations at Bear Hill Estates subdivision in Rutland. Specifically, the company was cited for erosion and sedimentation in the resource area and ordered to immediately stabilize the site and hire an erosion control specialist. Additional enforcement action is still pending.

11/22/06: MassDEP Commissioner issued a Final Decision incorporating a Settlement Agreement that involves LR5-A (a limited partnership) and MR5-A (limited liability corporation) for Wetlands violations off Broadway Road in Dracut. This resolves an appeal taken when MassDEP issued a Unilateral Administrative Order when the violations were first uncovered. Today's agreement includes restoration of approximately 25,000 square feet of bordering vegetated wetlands including two vernal pools that were altered by the previous owner of a site located off Broadway Road in Dracut. The site is being developed as an 18-hole golf course and 187 single-family homes (Meadow Creek). The previous owner had been subject to a Consent Order relative to violations that resulted from sediment discharges, failed erosion controls, a failed stormwater control system and, infrastructure construction failures. This agreement with the new owners also includes correction of all project failures, future adherence to all permit requirements, and, long term monitoring requirements.

11/22/06: MassDEP issued a Unilateral Order to Blair Enterprises for Wetlands violations in Rutland. Specifically, the company was cited for erosion control violations at the Bear Hills Development in Rutland. The order requires the company to cease and desist work and requires them to take immediate steps to avoid further violations. The company will be required to hire an erosion control specialist and develop a comprehensive plan for controlling erosion on the site.

11/22/06: MassDEP entered into a Consent Order with a $4,600 Penalty involving LPI Printing & Graphics, Inc., .for Hazardous Waste Management violations in Stoneham. LPI failed to submit its annual Environmental Results Program certifications prompting MassDEP to issue a Notice of Noncompliance in October 2004. When LPI failed to respond, MassDEP inspected the facility and found hazardous waste storage and recordkeeping violations. Also, it was discovered that LPI was using non-compliant press cleaning solutions. In addition to the Penalty, LPI agrees to immediately begin use of compliant press wash solutions, and assure that all additional violations identified are corrected. The future use of these compliant solutions by LPI will, based on previous yearly totals of solution used, and will result in the elimination of approximately 3.4 tons per year of volatile organic compound (VOC) fugitive air emissions from the facility.

11/22/06: MassDEP issued a $100 Penalty Assessment Notice to LA Trucking of East Windsor, Connecticut; and Devito Trucking and National Freight of Vineland New Jersey for Air Quality (Excessive Idling) violations. MassDEP issued the Penalties after observing the violations (idling of more than five minutes) by the three trucking companies near the entrance to the Cottage Street Landfill in Springfield.

11/22/06: MassDEP entered into a Consent Order with Kripalu Center in Stockbridge for Water Supply violations. The Center, which functions as a Public Water System, agreed to address changes at the facility that affect the delineation of the current Zone I of the well. Under today's Order those changes will result in construction of an alternate groundwater source or a secure connection to the Lenox municipal water system.

11/22/06: MassDEP executed a Consent Order with a $3,774 Penalty involving the Monterey Water Company for Water Supply violations in Monterey. As a small Community Public Water System, the company connected an emergency surface water source to its system without necessary approvals or sufficient actions to protect public health. Today's Order also requires the company to conduct a Supplemental Environmental Project (SEP) to purchase leak detection equipment for the Massachusetts Rural Water Association. The monetary value of the SEP is $2,264 to the Association, which provides technical assistance to small community public water systems. MassDEP agreed to suspend $3,019 of the Penalty pending compliance

11/20/06: MassDEP issued a Unilateral Order and $31,720 Penalty Assessment Notice to Arthur Joseph Excavation for Waste Site Cleanup violations at 82 South Pamet Road in Truro. Arthur Joseph Excavation uses the property as a storage facility for heavy machinery. An inspection by MassDEP in April 2004 revealed evidence of an oil release to the soil. At that time, the company was issued a Notice of Responsibility and instructed to hire a licensed environmental professional in order to initiate response (cleanup) actions at the site. Arthur Joseph Excavation has failed to conduct any response actions. In October 2005, MassDEP issued a notice of noncompliance (NON) for failure to conduct response actions in a timely manner; the company has since that time failed to respond prompting today's Order and Penalty.

11/20/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving James M. & Christine Hurley of Brimfield for Wetlands violations. Specifically, the Hurleys were cited for site preparation work for the construction of an access drive and single-family house that constituted a violation of the Massachusetts Wetlands Protection Act. MassDEP agreed to suspend $3,750 contingent upon removal or replacement of the existing culvert with another culvert that meets current stream-crossing standards. MassDEP's action supports the local commission's Cease and Desist Order by establishing clear deadlines under which the restoration must be accomplished.

11/20/06: MassDEP issued a $2,995.20 Penalty Assessment Notice regarding the New England Kart Raceway, Inc of East Bridgewater for Air Quality (noise) violations. The company, which is doing business as F1 Outdoors at 798 North Bedford Street in East Bridgewater, was cited for excessive sound levels constituting "noise" as set forth in Massachusetts' regulations. In August of 2005, MassDEP issued a Notice Of Noncompliance, also for noise violations. Today's Penalty was issued after sound level measurements confirmed that operation of the facility remains out of compliance. MassDEP has received numerous complaints from neighborhood residents, despite construction of a barrier wall by F1 to mitigate the impact of sound on the surrounding area.

11/15/06: MassDEP issued a $30,000 Penalty Assessment Notice to Robert D. Quirk for Wetlands violations in Stow. Based on inspection of the project involving a roadway found impacts to Wetlands resource areas including: "bank", "bordering wetlands", "land subject to flooding" and "riverfront area." No permit was obtained. Quirk has had previous wetland violations and penalties.

11/15/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Deignan LLC (d/b/a Kids-A-Lot) for Water Supply violations in Stow. In addition to the Penalty, the daycare facility agreed to install a compliant public water supply well that is sufficient to serve the maximum capacity of 98 children plus staff as currently allowed under its operating license.

11/14/06: MassDEP entered into a Consent Order with a $500 Penalty involving Pondside Gas and Car Care Center, Inc., for a pattern of Air Quality - Stage II (vapor recovery) violations at its Boston location. In addition, Hazardous Waste Management violations were found when MassDEP personnel conducted a site inspection of the property on 4/27/06. The facility was not properly managing the operation of its gasoline dispensers and was mismanaging waste oil containers. The Penalty amount was agreed to in light of the company's bankruptcy, but all regulatory violations will be corrected.

11/13/06: MassDEP executed a Consent Order with Wayside Youth & Family Support Network, Inc. for Waste Site Cleanup violations at Lockland Avenue in Framingham. The company owns the property where the violations involved failure to submit cleanup reports within the deadlines established in a Notice of Noncompliance issued by MassDEP on 5/26/06. New deadlines have now been set to return the site to compliance with the submittal of Phase II and III Reports by 7/2/07, a Phase IV Remedy Implementation Plan by 7/2/08 and a Response Action Outcome by 7/2/09. In addition, stipulated penalties of $1,000 per day for violations of the Order.

11/13/06: MassDEP has issued a Unilateral Order to GFI Shirley, LLC for wetlands violations involving erosion and sedimentation at the Apple Orchard Estates construction site in Shirley. The Order requires GFI Shirley, LLC to take immediate steps to stabilize the site and to immediately stabilize the site and to hire an erosion control specialist. Further enforcement action is still pending.

11/13/06: MassDEP entered into a Consent Order with Romano Realty for Waste Site Cleanup violations in Chicopee. As owner of the property located at 955-957 Chicopee Street, Romano has now agreed to expedite the pace of remedial (cleanup) actions at the site. Initially, while performing response actions for a previous solvent release, Romano encountered petroleum hydrocarbons in soil during the removal of a #2 fuel oil tank. A new - and separate - Release Tracking Number was assigned to that release, and it was subsequently discovered by MassDEP that Romano had removed oil-contaminated soil from the site, and that paperwork documenting the soil removal and additional assessment was never submitted. On June 28, 2005, a Notice of Noncompliance (NON) was issued to Romano Realty for failure to submit a Phase II Report, a Phase III Remedial Action Plan, and a Phase IV Remedy Implementation Plan, or if appropriate, a Response Action Outcome Statement. Today's Order memorializes deadlines to complete response actions and contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.

11/13/06: MassDEP entered into a Consent Order with a $15,050 Penalty involving JTB & Associates, LLC for Air Quality (Asbestos) violations at 572 Freeport Street in Boston. During a 5/3/06 inspection, MassDEP found JTB failed to follow the proper procedure for removal of asbestos containing material. JTB was the general contractor responsible for the demolition of a building at the site. JTB failed to notify DEP prior to demolition and prior to removing the asbestos containing material (30 feet of asbestos containing transite pipe). JTB also failed to properly handle the asbestos containing material once removed. MassDEP agreed to suspend $8,550 of the Penalty pending full compliance.

11/10/06: MassDEP entered into a Consent Order with a $1,860 Penalty regarding the Thomas Chew Memorial Boys and Girls Club for Water Supply violations in Freetown. As a Public Water System (PWS), the Club failed to meet certain requirements listed in the Massachusetts cross connection control (backflow prevention) regulations, and failed to adequately respond to previously-issued Notice of Noncompliance. MassDEP has agreed to suspend the entire Penalty provided the Club develops a management plan to insure future compliance, along with other corrective actions and water system improvements.

11/9/06: MassDEP executed a Consent Order with Crescent Valley Condominiums for Water Supply violations in Granby. As a community public water system, the condominium association failed to address repeated total coliform bacteria detections in its drinking water. Today's Order includes a requirement that any actions to repair the system be reported to MassDEP and any instructions that are provided to unit owners on maintenance of point-of-use filtration systems shall also be submitted to MassDEP.

11/8/06: MassDEP entered into a Consent Order with an $11,400 Penalty regarding the Don Adams Oil Company for Waste Site Cleanup violations at 104 Windsor Street in New Bedford. The company owns a parcel of land that has been a known contaminated site since 1999 when an environmental assessment of the property concluded that soil and groundwater at the property had been impacted by a release of oil. MassDEP has determined that the owners of the site were not progressing at an appropriate pace with the assessment and cleanup of the property. In November 2005, MassDEP had issued a Notice of Noncompliance (NON) for failing to comply with deadlines contained in the MCP. The company failed to comply with the NON, today's Order negotiates timelines for the completion of assessment and cleanup of the site.

11/6/06: MassDEP executed a Consent Order with 205 Church Street Realty Corporation for Waste Site Cleanup violations in Lowell. The corporation owns 205 Church Street where it has failed to meet cleanup deadlines as delineated in a Notice of Noncompliance issued on 8/4/06. New deadlines have now been established to return the site to compliance with the submittal of a Phase I and Tier Classification Submittal by 5/15/07. Today's Order also contains a stipulated penalty provision for any missed deadlines.

11/8/06: MassDEP entered into a Consent Order with a $9,000 Penalty involving Island Realty Trust for Wetlands violations at 163 &166 Riverview Avenue in Waltham. The Trust failed to comply with specifications of an earlier Enforcement Order issued by the Waltham Conservation Commission. Violations involved unauthorized filling of Bordering Vegetated Wetland (BVW) and alteration of "Bank" along Purgatory Cove. The local commission requested MassDEP's assistance. Today's Order with MassDEP includes restoration of 400 square feet of BVW and 180 linear feet of "Bank" in addition to improved stormwater management, snow storage management, setbacks, and long term monitoring. MassDEP has agreed to suspend $5,500 of the Penalty pending compliance with all terms of the Order as of 10/31/09.

11/8/06: MassDEP entered into a Consent Order with a $54,000 Penalty involving the Town of Amesbury for Wetlands violations. MassDEP found the town was excavating within streams at three separate locations without any permits. The town has agreed to pay $5,000 of the Penalty within 30 days and the remainder suspended if compliance with all terms of the Order is attained as of 10/31/12. Those terms include: restoration of 10,000 square feet of Bordering Vegetated Wetlands, 9,000 square feet of Bordering Land Subject to Flooding, 6,400 square feet Land Under Waterway and 2,500 linear feet of Bank in addition to long term monitoring. In addition the town has agreed to perform a Supplemental Environmental Project (SEP) to offset the remaining penalty amount. Under the terms of that SEP, the town will develop and adopt a training program on proper stream management and drainage channel maintenance for the town's public works employees. Having proper policies in place, along with the training program, should help to prevent similar violations from occurring when stream maintenance issues arise in the future.

11/8/06: MassDEP entered into a Consent Order with a $500 Penalty involving Leo Shenette for Wetlands violations in Webster. Shenette allowed a contractor on his property in Webster to commence work before an Order allowing the work to proceed was issued and the required appeal period elapsed. The contractor was fined separately for the violations and for altering areas beyond the scope of what was approved. Eventual restoration of the "bank" and "buffer zone" will be the responsibility of Shenette.

11/6/06: MassDEP executed a Consent Order with an $11,500 Penalty involving SJ Services, Inc. for Water Pollution Control violations in Springfield. The Danvers-based company was hired by the city of Springfield to work/clean the city's schools. SJ Services, however, was later found to be discharging pollutants to surface water, i.e., floor-stripping chemicals put into on-site storm drains at two schools. The floor stripping materials contained two hazardous materials (ethylene glycol monobutyl ether and monoethanolamine), both of which exceeded the reportable concentrations. On-site inspections confirmed the discharges, and the dumped materials.

11/6/06: MassDEP issued a $1,000 Penalty Assessment Notice to James LaMountain and Northeast Concepts in Holland for Air Quality violations, specifically, un-authorized open burning.

11/3/06: MassDEP entered into a Consent Order with a $10,750 Penalty involving Jiffy Lube International, Inc for waste oil management violations at multiple locations. MassDEP staff inspected Jiffy Lube's Beverly location and issued a Notice of Noncompliance relative to the waste oil management violations. Most of the violations were found to be continuing when a follow-up inspection was conducted. MassDEP staff then inspected Jiffy Lube facilities in Quincy, Reading, Wakefield and two in Peabody, and observed waste oil management violations at each one. MassDEP sought to settle the noncompliance issues observed at all locations via the issuance of one settlement document to the corporate parent for the individual facilities. Under today's Order, the facilities in question will assure that all violations are corrected, and will amend the existing Environmental Management System to improve waste management and handling at all of its Massachusetts facilities. In addition, the corporate parent has agreed conduct a Supplemental Environmental Project (SEP). This SEP involves the publication of a display advertisement designed to educate the public about Massachusetts' waste oil handling regulations. Its publication is specifically targeted to reach other entities that handle waste oil. It will be published three times in NESSARA's (New England Service Station and Automobile Repairers Association's) News Brief and twice in the Boston Business Journal. The estimated cost of the SEP is $13,255.

11/2/06: MassDEP issued a Unilateral Order to Basset Boat Company, Inc. for Wetlands violations on its property along the Connecticut River in Springfield. MassDEP requires that Bassett submit a plan for the stabilization and removal of soil piles on its property that lie in the Riverfront Area (Bordering Land Subject to Flooding).

11/2/06: MassDEP entered into a Consent Order with a $32,000 Penalty involving the 1409 River Street Condominium Trust for Waste Site Cleanup violations in Hyde Park (Boston). The Trust is the current operator managing the property located at 1409 River Street at which there is, or has been, a release of fuel oil. This oil was the source of indoor air conditions in the above residential building. Specifically, the violations involve: failing to conduct an Immediate Response Action in an expeditious manner; failing to submit a Phase II, III and IV Reports on time; and, failing to submit the IRA Status Report. New deadlines have now been set to return to compliance with the submittal of an IRA Status Report and a Phase IV Report. In addition, any supporting documentation that clearly demonstrates the indoor air condition has been eliminated or mitigated to the extent feasible and will not likely reoccur and takes into consideration the presence of contamination underneath the apartment building. Today's Order also requires that a final outcome statement to be submitted by 11/7/08. MassDEP has agreed to suspend $21,000 of the Penalty pending compliance.

11/2/06: MassDEP entered into a Consent Order with Urban Edge Housing Corporation for Waste Site Cleanup violations at 1542 Columbus Avenue in Roxbury (Boston). The corporation is the current owner of 1542 Columbus Ave where the violations involve: failure to submit Phase Reports within the deadlines established in a Notice of Noncompliance previously issued by DEP on 6/26/06. New deadlines have now been set to return the site to compliance with the submittal of Phase II and III Reports by 7/14/07. The Order further requires that a Phase IV Remedy Implementation Plan be submitted by 7/14/08 and a final outcome statement no later than 12/14/08. In addition, stipulated penalties were included in the Order for any violations of today's Order: $1,000 per day per violation.

11/1/06: MassDEP issued a $13,610 Penalty Assessment Notice to Pierre Bouthiller for Wetlands violations in Webster. Bouthiller, a contractor working on a retaining wall project on Webster Lake, commenced work before an Order was issued under the Wetlands Protection Act and altered areas beyond the scope of what was approved under the Order that was subsequently issued. Restoration of the "Bank" and "Buffer Zone" will be the responsibility of the owner, Leo Shenette, under a separate enforcement action.

October 2006

10/30/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving First Republic Corporation of America for Waste Site Cleanup violations at 221-257 Crescent Street in Waltham. As owners of the property, the corporation failed to meet certain regulatory phased submittal deadlines and failed to submit a final outcome statement as specified in a work schedule attached to its permit. In addition to the Penalty, today's Order outlines a specific schedule for the completion of necessary response actions in order to bring the site back into compliance and conclude cleanup actions.

10/30/06: MassDEP executed a (modified) Consent Order with David Benson (president of Boxford Friendship Foundation, Inc.) and the Four Mile Village facility of Boxford. Today's modification to an existing Consent Order changes the deadlines required for assessing and upgrading the Title 5 (septic) systems located at the Four Mile Village facility and contains stipulated penalties if any deadlines are missed.

10/29/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Joseph Abbondanza for Wetlands violations at 22 Hobson Street in Saugus. MassDEP responded to a complaint and determined that Abbondanza constructed a single-family dwelling that did not comply with an Order of Conditions previously issued by MassDEP. Due to changes in the approved plan, work on the topography and wall design resulted in erosion and siltation that altered 1,000 s.f. of bordering vegetated wetland. In addition to the Penalty, today's Order requires restoration of the altered area and three years of monitoring.

10/26/06: MassDEP entered into a Consent Order with a $41,000 Penalty involving the University of Massachusetts/Amherst to address multiple Air Quality, Hazardous Waste and Industrial Wastewater violations. The violations included improper handling of asbestos at the French Hall building. UMass failed to perform an asbestos survey prior to demolition of a ceiling; failed to submit notification regarding the demolition; failed to remove asbestos prior to demolition operations; failed to utilize proper asbestos removal procedures (such as wetting the asbestos during removal, using methods of capture and containment) and sealing the asbestos into properly labeled, leak tight containers. Further, on 6/27/06, and 7/12/06, UMass reported a total of six opacity (smoke) excursions from the stack from the three coal-fired boilers at the main facility. UMass has cooperated with MassDEP in addressing the violations and in addition to the Penalty has agreed to implement an Environmental Management System (EMS) relating to asbestos, and will conduct Supplemental Environmental Projects (SEP) valued at $29,000. These SEPs will include: conducting six asbestos awareness trainings in cities and towns in western Massachusetts for the municipal employees, and will implement a pollution-reduction and energy-conservation plan by replacing all traffic lights on Commonwealth Avenue, Massachusetts Avenue and North Pleasant Street in Amherst with energy saving LED (light-emitting diode) lights. MassDEP has agreed to suspend $40,000 of the Penalty pending compliance with today's Order.

10/27/06: MassDEP entered into a Consent Order with Southwick Water Department for Water Supply violations. The town failed to address repeated violations of the Total Coliform Rule. Southwick has agreed to detail and ensure implementation of its disinfection practices and flushing program for MassDEP.

10/2706: MassDEP issued a $21,000 Penalty Assessment Notice to Commercial Property of Holyoke along with a Unilateral Order to Jorge and Ovidia Pineda,, the listed owners. Both the Penalty and Order were for Waste Site Cleanup violations, specifically the failure to address past releases of diesel fuel and gasoline at the property. The property was the location of a former moving and storage company as well as a former gasoline station. The owners were first notified of their obligations in February 2002 regarding past releases of oil at the site. The owners have exhibited a pattern of noncompliance and have failed to pursue remedial response actions involving the releases of diesel fuel and gasoline to the soils and groundwater.

10/26/06: MassDEP entered into a Consent Order with Juana Alicea and Manolin Fernandez for Air Quality (Asbestos) violations in Chicopee. MassDEP responded to a complaint and found that asbestos siding was improperly removed and no prior notification had been submitted for the work on this South Street residence in Chicopee. When notified by the MassDEP of the problems, Aliciea and Fernandez retained the services of a licensed asbestos contractor to remove the asbestos siding found in the yard. MassDEP has agreed to suspend $3,000 of the Penalty pending one year of compliance.

10/26/06: MassDEP executed a Consent Order with a $13,000 Penalty involving Aggregate Industries/Northeast Region for Air Quality violations at its facility in Swampscott. During an inspection conducted on 8/1/06 by MassDEP to check on Aggregate's compliance with hazardous waste recycling requirements, it was observed that Aggregate failed to install a Stage II (vapor recovery) system on a gasoline tank and dispenser that was installed in 1999. Aggregate agreed to install the system. The total Penalty includes $860 in back air quality compliance fees.

10/26/06: MassDEP executed an Amendment to an existing Consent Order with L. Bornstein & Co., Inc. for Waste Site Cleanup violations at 321 Washington Street in Somerville. The company owns and operates a business at that address and today's Amendment modifies the dates for submittal of the Phases III Report, the Phase IV Report and final outcome statement. All other requirements of the original Order remain.

10/24/06: MassDEP issued a Demand Letter to Wilfred Lemieux of Palmer for $1,000 regarding a previously suspended Penalty. Today's Letter was issued after Lemieux's continued noncompliance with a Consent Order he signed with MassDEP. Specifically, Lemieux failed to restore an impacted Riverfront Area at the site. The Order requires the submission of a revised Riverfront Area Restoration Plan within 15 calendar days, followed by implementation of the plan

10/23/06: MassDEP entered into a Consent Order with a $15,050 Penalty involving Alan Battistelli for Air Quality (Asbestos) violations at 57 Philips Avenue in Rockport. MassDEP personnel determined during a complaint that Battistelli and/or his employees had performed asbestos removal without notifying MassDEP as required. MassDEP has agreed to suspend $14,050 of the Penalty under a combination of homeowner and small business enforcement policies.

10/23/06: MassDEP issued a Unilateral Order to Karen Connor for Wetlands violations at 1514 Main Street Agawam. Connor was found to be cutting vegetation and clearing within a Riverfront Area to create expanded commercial use of the property. Today's Order requires all work to cease and desist and stabilization of the site by 10/27/06. The possibility of additional enforcement action exists.

10/23/06: MassDEP issued a Unilateral Order to Jeffrey Paulin for Wetlands violations at 156 and 170 East Hill Road in Brimfield. Paulin began reconstruction of an access road to his residence within streams and wetland areas (resource areas) without having filed a Notice of Intent. Today's Order requires Paulin to submit plans to stabilize the site and restore the impacted area. Those plans are due within ten business days after the date an approved environmental consultant is retained for this purpose. The stabilization plan must then be implemented within five business days after it is approved with the restoration plan to be fully implemented thereafter. Decisions on additional enforcement action are pending.

10/23/06: MassDEP issued a Consent Order with a $9,717.50 Penalty involving J&D Transport for Waste Site Cleanup violations at Reed Road and Sherbrooke Road in Dartmouth. The company, which is located at 62 Lakeside Avenue, in Dartmouth was cited for failure to notify within 2 hours of a release greater than 10 gallons. The Dartmouth Conservation Commission notified MassDEP on 1/24/06 of a tractor-trailer with a ruptured diesel tank impacting soil and a catch basin that leads into Lake Noquochocke. Upon arrival DEP determined from local officials that the release occurred three days earlier, on 1/21/06 when a tractor-trailer driven by Ed Ferreira struck a hydrant (at Reed Road) damaging the passenger-side saddle tank. Ferreira said he attempted to capture the leaking diesel in a container and estimated the release was less than 10 gallons. The amount of diesel observed by MassDEP on the ground, in the drainage system and in the lake belied this claim along with the later statement in a plan submitted on 3/28/06 that 35-40 gallons was released. Ferreira alleged police responding to the accident had informed him that notification to MassDEP was not required. The leaking diesel fuel was "captured" the truck was moved to Lakeside Avenue for the remainder of the weekend. MassDEP noted soil staining at #7 Sherbrooke Road as diesel had pooled and impacted soil and groundwater within 15' feet of the Northwest side of Lake Noquochoke.

10/20/06: MassDEP was notified that a preliminary injunction with the assistance of the Massachusetts Attorney General's Office has been obtained in Suffolk Superior Court regarding New Ventures LLC, for Solid Waste violations at the Crow Lane Landfill in Newburyport. New Ventures is the operator of the landfill that is undergoing final cap and closure. AG Reilly filed a lawsuit in February against the operator for failing to comply with MassDEP enforcement orders and the landfill closure plans. New Ventures has now agreed to the terms of the preliminary injunction, which requires New Ventures to install a state-of-the-art landfill gas extraction system, along with pretreatment controls and a new flare to burn off noxious landfill gas. The court's order also requires New Ventures to close the facility on an accelerated schedule, which provides for capping approximately half of the landfill capped by the end of 2006 and requires the remainder be capped by 8/30/07. In addition, the preliminary injunction requires that Wood Waste of Boston (which had been sending material to the landfill) will implement additional measures at its facility in Everett to remove gypsum wallboard from any deliveries to Crow Lane, to further reduce a source of odors.

10/20/06: MassDEP entered into a Consent Order with 856 Realty Corp for Waste Site Cleanup violations at its 856 Woburn Street facility in Wilmington. Specifically, the corporation failed to submit Phase Reports and achieve a final outcome within the deadlines established in a Notice of Noncompliance issued by MassDEP on 5/24/06. New deadlines have now been set in today's Order to return to compliance with the submittal of a final outcome by 9/15/07.

10/20/06: MassDEP entered into a Consent Order with Children's Horizon, Inc., a daycare facility in Bolton, to ensure compliance with Water Supply regulations. The facility has voluntarily agreed to reduce its licensed capacity of 23 children to 21 children in order to remain below the Public Water System threshold of 25 persons served by the on-site well.

10/20/06: MassDEP executed a Consent Order with a $9,000 Penalty involving the University of Massachusetts Medical Center, Inc. for Hazardous Waste violations. The company, which operates a medical center in Worcester, generated hazardous waste in excess of its registered status as a very-small quantity generator (VSQG). The company also failed to notify its waste oil generation activity, and failed to comply with numerous other hazardous waste management requirements. In addition to the Penalty, today's Order requires the company to maintain compliance with all applicable requirements.

10/20/06: MassDEP executed a Consent Order with a $1,000 Penalty involving Charter Environmental, Inc. for Air Quality (Asbestos) violations at its Worcester facility. The company failed to adequately seal the area where an asbestos removal project at a site in Worcester, a former cinema complex. Charter will comply with all the appropriate regulations.

10/19/06: MassDEP entered into a Consent Order with Alfred A. Slifka for Waste Site Cleanup violations at 1624 Hyde Park Avenue. As owner of the property, Slifkia was cited for failure meet deadlines established in a Notice of Noncompliance issued by MassDEP on 6/24/06. New deadlines have now been set to return the site to compliance with the submittal of Phases II by5/30/07; Phase III by 7/30/07; Phase IV Plan by 8/30/07; and, either a Remedy Operation Status or a final outcome by 8/30/08. Today's Order contains a provision for stipulated penalties for any missed deadlines.

10/19/06: MassDEP issued a $250 Penalty Assessment Notice to Carlos Silva, Hampden for Air Quality (open burning) violations. Silva was cited for open burning violations that were witnessed by the Hampden Police and Fire Departments.

10/18/06: MassDEP entered into a Consent Order with Knowlton's Garage for Waste Site Cleanup violations at 1050 Sandwich Road in Bourne. Knowlton's Garage is an "auto recycler" located on Sagamore Road in Sandwich. The activities at the business impacted not only groundwater but also the South Sagamore Well Field. Due to Knowlton's unwillingness to conduct response actions and the potential threat to the well field, MassDEP initiated certain response actions beginning in October 1997 through August 1999. MassDEP determined the source and extent of contamination in the vicinity of the well field at a cost of $55,623.47. MassDEP was preparing to conduct an evaluation of treatment technologies when the South Sagamore Water District connected to the Bourne water supply and the well field was taken off-line. Although the well field no longer serves as a public water supply, the area remains a Potentially Productive Aquifer and additional response actions are still required. Today's Order establishes timelines for completing response actions, a return to compliance and reimbursement to MassDEP for funds expended to evaluate the impacts to the well field.

10/18/06: MassDEP executed a Consent Order with a $20,000 Penalty involving Roger Randall for Wetlands violations in Plymouth. MassDEP determined that Randall altered approx. 16,000 s.f. of bordering vegetated wetlands for the construction of a concrete platform and excavation of a pond. MassDEP agreed to suspend $10,000 of the Penalty pending compliance with the Order; Randall has agreed to restore and replicate a total of 16,180 s.f. of wetlands.

10/18/06: MassDEP entered into a Consent Order with Carriage House Condominium Trust for Waste Site Cleanup violations at 70 Revere Street in Boston. The trust, is owner and operator of the ten-unit condominium property and is responsible for the violations including: failure meet deadlines set out in a Notice of Noncompliance issued on 5/19/06. Under terms of the today's Order, new deadlines have now been set with the submittal of a Phase I and Tier Classification Submittal by 3/28/07. The Order also contains stipulated penalties for any missed deadlines.

10/18/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Dependable Cleaners, Inc. for Waste Site Cleanup violations at its 620-630 Hancock Street facility in Quincy. This location is the source of a tetrachloroethyne (PCE) release that has impacted nearby residential and commercial buildings on Willet and John Hancock Streets. On 8/28/03, MassDEP's audit-review of a Class C Response Action Outcome statement submitted relative to this site, resulted in the conclusions being invalidated. The company has since failed to follow up on that invalidation and submit (as required) a Phase IV, Remedy Implementation Plan for the site. Under today's Order, the company will return to compliance with the submittal of a Tier 1C Permit Extension and submit a Phase IV within 240 days; and, submit either a Remedy Operation Status of final outcome statement by 8/21/08. MassDEP has agreed to suspend $20,001 of the Penalty pending compliance.

10/16/06: MassDEP executed a Consent Order with the estate of Harry F. Stimpson for Waste Site Cleanup violations at 148 Sidney Street in Cambridge. The estate is the listed owner of the property, and is responsible for violations including failure to submit Phase II and III reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 5/26/06. Under the terms of the Order, new deadlines have now been set in the Order to return to compliance with the submittal of Phase II and Phase III Reports by 4/30/07; a Phase IV Plan by 10/30/07; and, either a Remedy Operation Status or a final outcome statement by 9/5/08. In addition, the estate has agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

10/13/06: MassDEP entered into a Consent Order with a $31,615 Penalty involving the Aulson Company for Hazardous Waste, Wetlands and Asbestos violations at its 49 Danton Drive facility in Methuen. On 3/10/06 MassDEP personnel conducted a comprehensive inspection of Aulson and noted asbestos and hazardous waste violations. During a follow-up inspection, wetlands violations were also confirmed at the site. Aulson has agreed to correct the asbestos and hazardous waste violations, and, restore 720 square feet of Bordering Vegetated Wetlands. In addition, Aulson will pay $10,155 in back hazardous waste compliance fees, $3000 for asbestos violations, $11,960 for hazardous waste violations, and $6,500 for wetlands violations.

10/13/06: MassDEP executed a Consent Order with Goly's Garage, Inc. of Greenfield for Waste Site Cleanup violations. Specifically, the violations were for failure to submit Phase II, III, and IV Reports within the deadlines previously established in a Notice of Noncompliance issued by MassDEP on 4/4/06. New deadlines have now been set in the Order to return to compliance with the submittal of Phase II and III Reports by 6/29/07, and submittal of the Phase IV Plan, or if appropriate, a final, Response Action Outcome Statement, by 10/29/07. In addition, Goly's Garage agreed to pay stipulated penalties of up to $1,000 per day in the event of non-compliance with the Order.

10/13/06: MassDEP issued a Unilateral Order to the Town of Amherst to cease and desist a discharge of sediment from a municipal construction site (soccer fields). Under today's Order, the Town is required to submit a report identifying any actions it undertakes in response.

10/12/06: MassDEP executed a Consent Order with James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland. As owner and operator of the property, Lefter failed to meet deadlines set out in a Notice of Noncompliance issued on 7/14/06. New deadlines have now been established including: submittal of a Phases II and III by 3/31/07; submittal of a Phase IV Plan by 10/31/07; and, either a Remedy Operation Status or a final outcome statement by 10/1/08. Today's Order also contains a stipulated penalty provision for any missed deadlines.

10/12/06: MassDEP executed a Consent Order with Aaxiom, a Bridgewater contractor for Water Pollution Control violations. On 9/6/06, a Strike Force investigator noticed liquid concrete waste on top of a storm drain cover near Wellington Station. The storm drain discharges to the nearby Mystic River. The investigator returned with sampling equipment, a camera and pH paper. The pH was above 10. An investigation quickly located contractor; MassDEP has agreed to suspend $3,750 of the Penalty.

10/12/06: MassDEP issued a Consent Order involving Erving Paper Mill and MassHighway to address Water Supply compliance issues. Under today's Order, the two parties agreed to address the need for a replacement well at the Paper Mill due to the realignment of Route 2 by MassHighway. A replacement well has been deemed the best solution and each party has obligations under the order to accomplish this goal.

10/11/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Bob Ramstrom's Mobil, Inc. of Worcester for Hazardous Waste and Industrial Waste violations. Specifically, the facility at 814 West Boylston Street in Worcester had improperly labeled and contained its hazardous waste. Ramstrom's Mobil has agreed to come into immediate compliance.

10/11/06: MassDEP entered into a Consent Order with Peterborough Oil Co., Inc, owners of the Mr. Mike's Convenience Store in Ashby to bring the site into compliance with Drinking Water requirements. This Store also houses an upstairs apartment and a retail fuel station. Today's Order establishes an enforceable schedule under which the owners will develop a new drinking water source that can serve as a public water supply. If an off-site property to locate a new well with a fully compliant (protective) Zone One is not located by December 10, 2006, the facility will cease all water supply operations at that location for the purpose of public consumption.

10/11/06: MassDEP executed a Consent Order with Camp FireUSA to address Water Supply compliance issues at Camp Nawaka in Otis. Camp Nawaka has served as a public water system and must address total coliform bacteria violations at the superintendent's house. To address the violations, the Camp agreed to install an ultraviolet light disinfection system.

10/6/06: MassDEP issued a Unilateral Order to John H. Sellars for Wetlands violations at 430 Concord Avenue, Lexington. On 9/29/06 the Conservation Commission requested MassDEP to investigate past and ongoing filling of wetlands taking place on the property. In 2001, the town issued an order that resulted in a settlement to restore over 15,000 s,f. of wetlands. Sellars never complied with the local order. MassDEP using aerial photography as a site to be investigated under the Wetland Loss Project had also identified the property. MassDEP inspected the site on 10/5/06 from abutting town-owned land, and witnessed large construction vehicles working a loam screening operation. The work in progress was filling in excess of 5,000 s.f. of Bordering Vegetated Wetlands. MassDEP staff also observed that approx. one acre (of previously existing BVW on Sellars' property) had been filled and was being entirely used for the operation. MassDEP verbally ordered Sellars to cease and desist filling and working within area under jurisdiction without authorization. Sellars continued to work and MassDEP contacted the Lexington Police and worked to convince Sellars to cease further activity. Today's Order establishes a written order to cease all activity in the area, and temporarily stabilize the site. Sellars was informed of the possibility of additional enforcement action.

10/5/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving the estate of Frank Gobbi, for Waste Site Cleanup violations at 875 East Street in Dedham. Specifically, the estate failed to submit cleanup plans and response actions in accordance with deadlines established in Massachusetts regulations. Today's Order establishes revised deadlines for the Estate to submit the required reports and return to compliance. MassDEP has agreed to suspend $20,000 of the Penalty pending compliance.

10/5/06: MassDEP executed a Consent Order with Marilyn A. Carr, Trustee of Bishop Terrace Condominium Trust in Framingham for Waste Site Cleanup violations. The trustees of a condominium complex failed to meet cleanup deadlines not only as established under state regulations but also under a specific notice of noncompliance issued on 7/21/06 by MassDEP. Today's Order establishes a deadline of 12/30/07 for submittal of a Response Action Outcome (i.e. no further action) statement, and contains stipulated penalties for any missed deadlines.

10/5/06: MassDEP entered into a Consent Order with an $8,000 Penalty regarding Dorey Fuel Company, Inc. of 262-264 Norfolk St., Roxbury for Waste Site Cleanup violations. Specifically, Dorey failed to complete and submit cleanup reports within the deadlines established in a previous Consent Order entered on 2/24/06. Now, under today's Order, new deadlines have been established including a Response Action Outcome (i.e. no further action) statement by 9/30/08.

10/5/06: MassDEP executed a Consent Order with a $1,200 Penalty involving Indianhead Resort of Plymouth for Water Supply violations. The Resort failed to submit annual statistical report for 2005. This public water system has been issued notices of noncompliance for prior violations of this type within the past four years. MassDEP has agreed to suspend $600 of the Penalty pending compliance.

10/4/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving WDS, LLC, of Avon for Asbestos violations at 572 Freeport Street in Boston. MassDEP personal responded to a complaint of demolition and improper asbestos handling at 572 Freeport Street and found WDS had demolished a commercial building without submitting proper notification. MassDEP has agreed to suspend $500 of the Penalty pending compliance one year.

10/3/06: MassDEP entered into a Consent Order with a $1,4006 Penalty involving Revere Copper Products of New Bedford for hazardous waste and air quality violations. A multi-media inspection revealed the company had not complied with emergency preparation, procedures, contingency plan requirements and air quality recordkeeping and restricted emissions status.

10/3/06: MassDEP issued a Unilateral Order to Revere Copper Products, Inc. and Reis Asphalt, Inc. of New Bedford for Air Quality violations at 24 North Front Street. Revere Copper Products, Inc., property owner, and Reis Asphalt, Inc., demolition contractor must cease and desist from any additional asbestos removal and/or demolition activities at Storage Building #1, 24 North Front Street, New Bedford. MassDEP noted asbestos notification and work practice violations pursuant to the Massachusetts Air Pollution Control Regulations at 310 CMR 7.15, as well as several Hazardous Waste Regulations at 310 CMR 30.00. Before any additional demolition or asbestos cleanup activities are to continue, both parties were ordered to submit the proper asbestos notification to MassDEP; and hire a licensed asbestos contractor to remove all visible ACMs. Revere Copper Products, Inc was required to evaluate all containers of unknown materials accumulated throughout storage building #1 and determine if the materials are waste, hazardous waste or suitable for use. All waste(s) determined to be hazardous shall be properly stored and managed, shipped off-site under a hazardous waste manifest or disposed of in accordance with 310 CMR 30.00. The Company hired a licensed contractor and the cleanup has been completed. (Lead Staff: Andrew Cooney).

10/3/06: MassDEP executed a Consent Order with a $2,500 Penalty involving Daniel and Lynn Marie Gibson for Wetlands violations at 3 Hazelwood Circle residence in Andover. The violations on their residential property involved constructing a pool and large cabana house on property in the Buffer Zone to a Bordering Vegetated Wetland. The Gibsons received verbal assurance by the town's Conservation Administrator that no Wetland Protection Act filing was needed. The project - once under construction - was inspected by a new town Conservation Administrator who determined the work required the filing of a Notice of Intent. That application was appealed to MassDEP due to failure to act. MassDEP inspected the site and found that the work was in violation of the Wetlands Protection Act and contributed to or caused a change in the flow of an intermittent stream. The change to the drainage pattern altered the function of approximately 2500 square feet of resource area. Under today's Order MassDEP has reached a settlement that in addition to the Penalty will require drainage improvements to restore the function of the impacted area.

10/3/06: MassDEP entered into a Consent Order with a $37,000 Penalty involving River Street Realty Trust for Waste Site Cleanup violations at 1283 Hyde Park Avenue. Specifically, the Trust was cited for the un-approved removal of vapor-phase treatment from a remedial system. Also, significant modification of a previously approved plan was done without approval. New deadlines have now been set to return the facility to compliance with the immediate re-attachment of the vapor-phase treatment, and the submittal of an evaluation of potential risk to workers and residents caused by the removal of the vapor-phase treatment. MassDEP has agreed to suspend $32,000 of the Penalty pending compliance.

10/2/06: MassDEP issued a Unilateral Order to Thomas L. Tate of Freetown for an un-permitted industrial discharge to the ground from a floor drain. A number of hazardous waste management and solid waste violations were also observed. Today's Order requires the facility owner/operator to cease and desist from all unauthorized discharges affecting the waters of the Commonwealth and cease bringing any hazardous waste and/or solid waste to the site. Additional Departmental actions will follow.

10/2/06: MassDEP executed a Consent Order with Decas Cranberry Products, Inc. of 4 Forge Drive in Carver. Under today's Order, the company agrees to provide bottled water to its employees on a temporary basis, in lieu of developing an on-site public water supply. The facility had begun the process to establish a new source to provide its own water supply; however, the facility also began negotiations with the Town of Carver over possibly providing an alternative source of public water supply rather than establishing a new source.

10/2/06: MassDEP entered into a Consent Order with the owners of a former rhubarb farm in Seekonk for Waste Site Cleanup violations. Lester and Robert Silva, co-executors of the estate of Constance Silva, entered into the agreement for the site at 162 Anthony Street in Seekonk establishing new deadlines for the completion of comprehensive cleanup and the achievement of a permanent solution. The property is in the process of being sold and will be redeveloped to accommodate several single-family homes.

10/2/06: MassDEP executed a Consent Order with Randy R. Stevens, the president of Bob Stevens and Sons, Inc., of Lowell, for Waste Site Cleanup violations. Specifically, the violations included failure to meet deadlines set out in a Notice of Noncompliance issued on 7/18/06. Today's Order establishes a deadline of 12/30/07 for submittal of a Response Action Outcome (i.e. no further action) and contains a stipulated penalty provision if any deadlines are missed.

10/2/06: MassDEP issued a Unilateral Order to Chris Bradshaw for Hazardous Waste violations in Middleboro at 12 Highland Street. The Order requires the violator to cease bringing any hazardous waste/waste oil/or solid waste to the site and immediately secure all containers of hazardous waste/waste oil by and moving them from the ground outside into a secure covered area with an impermeable surface. A number of containers of hazardous waste/waste oil were stored outside on bare ground in unsecured areas thereby presenting a condition where hazardous waste/waste oil could be released to the environment. Additional enforcement actions are anticipated.

September 2006

9/29/06: MassDEP entered into a Consent Order with a $13,375 Penalty involving Gordon Conwell Theological Seminary in South Hamilton for Water Pollution Control violations. The facility has a groundwater discharge permit related to the operation of a wastewater treatment plant. During a scheduled inspection, MassDEP discovered that there had been a bypass of untreated wastewater. The bypass was caused by a severe rain event, however, the Seminary failed to report the event and to clean up the sludge on the surface of the treatment plant, as is required. Today's Order requires the Seminary to design and install a new flow equalization tank to minimize future bypass events. Further, the Seminary must adopt protocols to address the need to report such bypass and/or overflow events in accordance with all applicable regulations. The new flow equalization tank will cost over $100,000 and if the Seminary complies with today's Order, MassDEP has agreed to suspend $7,625 of the Penalty.

9/29/06: MassDEP entered into a Consent Order with a $5,750 Penalty involving the Chelmsford Water Department for Water Supply violations. Specifically, the District did not provide proper anti-siphon protection on the chemical feeds at the water treatment plant, and constructed an aluminum tank at the plant without MassDEP's approval. The District has agreed to bring the facility into compliance, after which MassDEP will suspend $4,250 of the Penalty.

9/29/06: MassDEP executed a Consent Order with a $14,950 Penalty regarding the Town of Needham for Water Supply violations. The town failed to implement its cross-connection (backflow prevention) program and correct mechanical problems at the water treatment plant. If the town fully complies by correcting the violations, MassDEP has agreed to suspend $8,950 of the Penalty.

9/29/06: MassDEP issued a Demand Letter for Stipulated Penalties ($1,000) to Patricia Armitage Transport Service, Inc. for Waste Site Cleanup violations in Lee. The Penalty is due since Armitage (a trucking company based in Epping, New Hampshire) failed to comply with a Consent Order it signed earlier this year in which it agreed to submit documentation concerning the cleanup of a fuel spill that occurred on the MassTurnpike in Lee on 10/14/05. Approximately 100 gallons of diesel fuel was released onto soil and into a drainage swale as a result of the accident. An environmental contractor retained by Armitage completed the cleanup over the next several weeks, but no documentation was submitted. While Armitage subsequently agreed to submit documents, it has now failed to do so.

9/29/06: MassDEP entered into a Consent Order with a $6,015 Penalty involving Woods Hole Oceanographic Institute of Falmouth for Surface Water Discharge violations. Woods Hole failed to conduct whole-effluent toxicity testing according to requirements in its permit and failed to submit timely results from discharge monitoring. In addition to the Penalty, Woods Hole will correct the violations.

9/28/06: MassDEP entered into a Consent Order with a $9,600 Penalty with an owner of Site at 58 North Main Street/Bogs Landing in Berkley. During an audit of cleanup actions, MassDEP's Bureau of Waste Site Cleanup issued a notice of noncompliance and notice of audit findings to the owner, who had submitted an invalid report that failed to comply with cleanup requirements. Audit staff determined groundwater with contamination above allowable thresholds, and needed to be addressed. The owner also failed to properly evaluate chromium and dioxin hot spots, conduct a Stage I Environmental Screening, and relied upon erroneous calculations when certifying. Four of the five original violations were addressed, but the owner was penalized for the violation that was not addressed timely. A lien to recover all outstanding costs incurred by the Commonwealth was filed. The MassDEP has collected more than $171,000 to recover all costs and fees. Today's Order establishes new deadlines and requires the owner to undertake additional response actions to bring the site into full compliance

9/28/06: MassDEP entered into a Consent Order with Peter True, Trustee of Tina South Realty Trust, owner of 127 Smith Place in Cambridge for Waste Site Cleanup violations. Specifically, violations were for failure to meet deadlines set out in a Notice of Noncompliance issued on 6/9/06. Today's Order establishes a deadline of 12/31/07 for completion and contains a stipulated penalty provision for any missed deadlines.

9/28/06: MassDEP issued a Unilateral Order to Carlos A. Perreira of Fairhaven due to unauthorized alteration of wetlands, including mowing, cutting, wall construction and reconstruction. The work impacted 5,000 square feet of salt marsh and coastal wetlands. One day after the Order required the homeowner to immediately cease all work in wetlands, a follow-up inspection revealed that the equipment, the stone and plywood had been removed from the salt marsh.

9/27/06: MassDEP entered into a Consent Order with Zeneca, Inc., for Waste Site Cleanup violations in Taunton. An inspection of Zeneca's facility at 354-356 Winthrop Street found the discharge of iron and manganese to groundwater in excess of allowable levels.
Zeneca is operating an elaborate groundwater treatment system at a former ICI drum disposal site. Iron and manganese levels are likely due to natural conditions and the former buried drums. Under the ACO, Zeneca has until March 31, 2007 to get the levels below the discharge limits.

9/27/06: MassDEP entered into a Consent Order with Pine Valley Mobile Home Park in Cheshire for Water Pollution Control violations, (septic systems). Under today's Order, the Park has agreed to a schedule to bring any failed septic systems into compliance.

9/26/06: MassDEP entered into a Consent Order with Lowell Used Auto Parts Co., Inc. for Waste Site Cleanup violations. The company, which is located at 108 Tanner Street in Lowell, failed to submit Phases II, III and IV reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 6/6/06. New deadlines have now been set to return to compliance with the submittal of (a) Phases II and III by 2/6/07, (b) a Phase IV Plan by 9/6/07 and completion by 1/16/08. If the company fails to meet those deadlines, it has agreed to pay $1,000/day in stipulated penalties.

9/25/06: MassDEP entered into a Consent Order with a $9,700 Penalty involving William Zirblis for Asbestos violations at 172-174 Euclid Avenue in Springfield. During a June, 2005 inspection, Zirblis of Enfield, Conn. was cited for improper handling of asbestos insulation and for failing to submit notification prior to the removal of asbestos from a residential rental property that he (formerly) owned. MassDEP has agreed to suspend $5,700 provided all terms of the Order are met.

9/22/06: MassDEP issued a Unilateral (cease-and-desist) Order to Susan Caisse of Northampton for Wetlands Violations at 62 Leonard Street. The Order was issued for ongoing work within 100 feet of a Bordering Vegetated Wetland/Certified Vernal Pool & Stream in violation of a local enforcement order issued by the Northampton Conservation Commission. Today's Order by MassDEP requires Caisse to comply with the local enforcement order within 21 days.

9/22/06: MassDEP (along with the United States EPA) entered into a Consent Decree with Greater Lawrence Sewer District for Water Pollution Control and Clean Water Act violations. GLSD has agreed to construct specific combined sewer overflow (CSO) controls as identified in GLSD's Draft Long-Term CSO Control Plan and Environmental Impact Report from Nov/2002 and the "Updated Conceptual Plan Development Report." from 2005. GLSD has agreed that while the upgrades to its wastewater treatment plant will accommodate a peak wet weather flow of 135 million gallons per day (mgd) it will ensure that the design of the plant is capable of handling potential future flows of 165 mgd. Under today's decree, scheduled upgrades include: modifications to increase the capacity of the Riverside Pump Station; construction of a new head-works facility; construction of a new secondary bypass pipe; construction of new disinfection and de-chlorination facilities; and, installation of a new aeration system to increase secondary treatment capacity. The decree requires that these upgrades (reaching capacity at 135 mgd) must be completed by December 2007.

9/22/06: MassDEP working with the Attorney General's Office obtained payment of a suspended Penalty from Walgreens (Eastern) Company, Inc. due to failure to comply with a previous judgment. Previously, Walgreens had violated the Massachusetts Hazardous Waste Management Act and the Massachusetts Clean Waters Act in its handling of photo processing waste. The Final Judgment suspended $85,000 provided Walgreen's submitted a certificate of completion that it had made the necessary changes to ensure future compliance. Walgreens has now paid the suspended Penalty and submitted a final report and certificate.

9/21/06: MassDEP entered into a Consent Order to $2,156 Penalty involving P. Christopher Associates (PCA) for Groundwater Discharge violations in Attleboro. PCA is the owner of a property in Attleboro where a Speedee Oil Change & Tune Up is a tenant. MassDEP inspected the property in August of 2005 and found the groundwater discharge violations: there was no record of a septic system approval by the local board of health and the discharge of the oil/water separator to the septic system constituted a violation. During negotiations, PCA closed out the floor drain, and, have agreed to immediately cease and desist discharge of oil from the oil/water separator to the on-site septic system, and to design and implement a system to manage the discharge of groundwater pumped from the sump in the garage. In addition to the Penalty, PCA has agreed to fund a Supplemental Environmental Project (SEP), valued at $6,469, which will benefit local environmental educational activities. The Speedee Oil facility was the subject of another Order to correct its operational violations and has been regularly pumping the oil/water separator in order prevent discharge of oil to the on-site septic system.

9/19/06: MassDEP entered into a Consent Order with a $7,250 Penalty involving Oldcastle Retail Inc. (d/b/a Bonsal American) for Air Quality, Industrial Wastewater and Toxics Use Reduction violations in Oxford. The Company, which manufactures dry mix concrete under the trade name Sacrete, was found to have caused conditions of air pollution (excessive dust) when it did not properly maintain air control equipment, roadways, and failed to keep accurate records and supply them to MassDEP in compliance with its previously agreed Air Pollution Plan Approval. In addition the facility discharged Industrial Wastewater (truck wash water) to the ground without a ground water discharge permit and failed to have a senior official of the company sign its Toxics Use Reduction Plan Update. In addition to the Penalty, today's Order requires the company to comply with all applicable requirements.

9/19/06: MassDEP entered into a Consent Order with Kelley Oil Company for Waste Site Cleanup violations in Palmer. Robert Kelley, owner of the company is required to expedite the pace of cleanup actions at the site, which was first listed with MassDEP on 1/16/90 due to the detection of fuel oil in groundwater. The site is a small fuel oil terminal located on the banks of the Quaboag River. The site was also heavily damaged during the flooding that occurred in October 2005. Today's Order establishes deadlines to complete response actions and contains stipulated penalties if future noncompliance with deadlines occurs.

9/19/06: MassDEP entered into a Consent Order with a $38,375 Penalty involving Nomid Trust for septic system (Title 5) violations in Middleton. Nomid constructed and operated a tight tank to serve new construction at the Hoops Specialists Building located at the North Andover/Middleton town line. Although Nomid obtained a permit to install a septic system, an illegal tight tank was installed instead. Today's Order requires Nomid to either connect to the municipal sewer or construct a septic system in the spring of 2007. MassDEP has agreed to suspend 13,375 of the Penalty provided Nomid complies with the Order.

9/18/06: MassDEP entered into a Consent Order with a $12,495 Penalty involving the City of Malden for Drinking Water violations. The city failed to comply with drinking water requirements pertaining to lead service line replacement, survey. Also, during some replacement work, the city failed to sample, report and notify the public of lead levels; homeowners should have been given the opportunity to replace water lines located on their property. Today's Order mandates the material survey, establishes an aggressive but reasonable schedule for lead service line replacement, requires public outreach and assistance to homeowners, and addresses sampling, reporting, and public notification issues. MassDEP agreed to suspend the Penalty pending compliance.

9/18/06: MassDEP executed a Consent Order with 37-43 Melrose Street Realty for Waste Site Cleanup violations in Lawrence, specifically for failing to meet deadlines. Edgar Martinez, as Trustee of 37-43 Melrose Street Realty Trust and owner or operator of the property, has now agreed to a deadline of 12/21/07 for completion of response actions. Today's Order also contains stipulated penalties for failing to meet deadlines.

9/15/06: MassDEP entered into a Consent Order with A & G Auto Services for Waste Site Cleanup violations in Everett. The company failed to submit Phase III and IV of the cleanup for 394 Main Street in Everett according to the deadlines established in May of 2006. New deadlines have been agreed along with stipulated penalties of $1,000 per day if compliance is not met. The missing Phase III and IV are due by the end of 2006, and a completion of response actions is required by 7/15/08.

9/14/06: MassDEP entered into a Consent Order with a $3,105 Penalty regarding Joel Alvord of Westport for Wetlands violations. Alvord installed piles and other structures for a dock without a valid Order of Conditions and a Waterways license. Under today's Order, in addition to the state Penalty, Alvord will pay an additional $3,105 to the Westport River Watershed Alliance as a Supplemental Environmental Project.

9/12/06: MassDEP entered into a Consent Order with a $12,700 Penalty involving Steve Bellew for Asbestos violations at 17 Tolman Street in Dorchester (Boston). Bellew removed asbestos containing insulation from two boilers and piping from the basement of the property.

9/11/06: MassDEP and the Massachusetts Attorney General's Office entered into an Amended Judgment with the Massachusetts Bay Transportation Authority's (MBTA) regarding the cleanup of asbestos and contamination at the transit agency's former power plant in South Boston. The Massachusetts Superior Court finalized the agreement, which was brought in response to the MBTA's failure to meet cleanup deadlines. The MBTA will finish the cleanup, pay $100,000.00 within 90 days with an additional $226,000 to be suspended if all the terms of the Order are met. In addition, the MBTA agreed (under a Supplemental Environmental Project) to expend $130,000 directly to the South Boston Asthma Control Program.

9/11/06: MassDEP executed a Consent Order with a $10,356 Penalty involving LaValley Oil Company for Waste Site Cleanup violations in North Adams. While cleanup was initiated, LaValley failed to immediately notify MassDEP of a release of 50 gallons of diesel fuel that occurred at its bulk storage facility on Hodges Cross Road. The release occurred on 6/16/06 due to a failed transfer pump seal, and the diesel fuel was released into an earthen dike around the tank. In addition to the Penalty, LaValley agreed to retrain its employees on response actions and notification requirements related to the releases of oil and hazardous materials.

9/11/06: MassDEP entered into a Consent Order with a $75,000 Penalty involving Testa Corp, and March Fourth LLC, regarding Asbestos violations at the former Fore River Shipyard in Quincy/Braintree. MassDEP observed the violations in 2005 during asbestos cleanup and demolition of a building. The so-called building 54 was partially crushed when a neighboring section of craneway collapsed into building 54 and resulted in the death of two workers and injured others.

9/11/06: MassDEP executed a Consent Order with a $47,051 Penalty involving A. Graziano, Inc. and M & G Realty Trust for numerous violations in Braintree. An inspection of Graziano's ready mix concrete facility on the banks of the Monatiquot River in Braintree found a discharge of silt-laden storm water with a high pH to the river and wetlands on site and industrial wastewater to the ground as well as a discharge to an on-site stream that led to the river. In addition, Graziano failed to register and properly manage its hazardous waste, and illegally stored and processed solid waste. M & G Realty Trust owns the property on which some of these violations occurred.
In addition to the Penalty, Graziano has agreed to reconfigure its storm water management system and monitor the storm water discharges; cease industrial wastewater discharges; and, no longer accept and process solid waste, as well as henceforth to properly manage its hazardous waste. Graziano has also agreed to perform a Supplemental Environmental Project (with an estimated value of $33,795) that involves constructing a vegetated buffer between the river and its processing facilities. MassDEP has agreed to suspend $7,051 of the Penalty pending compliance.

9/8/06: MassDEP executed a Consent Order with a $1,150 Penalty regarding Wetlands violations at Shaker Mill Pond in Tyringham by Margaret Howard/Sydney Urquhart. Howard/Urquhart - as owners of Shaker Mill Pond - undertook a drawdown of the pond without receipt of local conservation commission approval for the repair of the dam. The drawdown resulted in the alteration of 7.5 acres of the pond, which partially re-filled as a result of storms. Today's Order requires the owners to refrain from any further work on the dam or pond without receiving proper approval. Further, the Order requires the owners to submit an Operation and Maintenance plan for the pond within 30 days, and a copy of the as-built plan once it has been submitted to Office of Dam Safety. MassDEP agreed to suspend the Penalty pending compliance.

9/8/06: MassDEP issued a Boil Water Order (declaration of water emergency) to Monterey Water Company in Monterey. MassDEP issued the Order to this public water system and provided technical assistance specifically as it pertains to the operation of the chlorination equipment.

9/7/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Niakaros Realty Trust for Waste Site Cleanup violations at 1402 Centre Street in Roslindale. Specifically, Niakaros failed to submit Phase Reports within the deadlines established in a previous Order (3/15/05). In addition to the Penalty, Niakaros has agreed to new deadlines to return to compliance with the submittal of the Phase III report by 10/31/06, and a final cleanup outcome by 3/31/07.

9/6/06: MassDEP executed a Consent Order with a $1,000 Penalty involving Manhasset Gardens of Kingston. The owners filled approximately 5,100 square feet of Bordering Vegetated Wetlands for the storage of plants for their greenhouse operation; the owners will not restore 5,114 square feet of wetlands in addition to the Penalty.

9/6/06: MassDEP executed a Consent Order with a $14,000 Penalty involving Mark Gilmore for Wetlands violations on Sand Gully Road in Deerfield. An inspection by MassDEP per the request of the local conservation commission determined that Gilmore undertook site grading and construction that altered 19,175 square feet of Bordering Vegetated Wetland. Gilmore will restore the altered wetland area by 12/1/06. MassDEP has agreed to suspend $11,500 of the Penalty pending compliance.

9/6/06: MassDEP issued a Unilateral Order to Canterbury Development, Inc. for Wetlands violations at 939 Piper Road in West Springfield. While undertaking extensive site construction for this subdivision, Canterbury allowed a ten-acre area of soils to become exposed to the elements, and unstable. As a result sediment erosion caused a significant amount of sediment to become deposited in 1 acre of Bordering Vegetated Wetland (BVW) areas on the site. The UAO requires Canterbury Development, Inc. to submit a Site Stabilization Plan in 10 business days from regional approval of a consultant, submission of a BVW restoration plan, and full restoration of the impacted BVW by 12/1/06.

9/5/06: MassDEP entered into a Consent Order with Mutual Oil Company for Waste Site Cleanup violations in Stoughton (SERO): MassDEP audited the cleanup of the site [prepared by Corporate Environmental Advisors, Inc. on behalf of Mutual Oil Company]. That report noted that soil excavation and groundwater dewatering are the selected remedial actions that will be implemented at the site to achieve a permanent solution, and that the remedial actions would be completed during the renovation of the property. MassDEP determined through the audit, that the schedule proposed for the renovation of the property and the implementation/completion of the selected remedial alternative had passed, Mutual did not know when the remedial alternative would be implemented/completed and the full extent of contamination has not been delineated for the site. Today's Order establishes new deadlines for Mutual to achieve a permanent solution.

9/1/06: MassDEP entered into a Consent Order with a $2,150 Penalty involving Boehler's Garage for Hazardous Waste Management and Air Quality violations at its facility in East Freetown. A multi-media inspection by MassDEP revealed violations including: 180-day timeline to ship waste oil off-site; inadequate emergency preparation and procedures; and, deficiencies in waste oil labeling and accumulation area requirements, secondary containment requirements and weekly inspection requirements. In addition, Stage I and Stage II (air and vapor recovery equipment) was not properly maintained and tested. Boehler's will bring the facility into compliance and MassDEP - under the Small Business Policy - agreed to suspend the penalty pending compliance.

August 2006

8/31/06: MassDEP entered into a Consent Order with a $19,050 Penalty involving North American Site Developers, Inc. for Asbestos violations at Danvers State Hospital in Danvers. NASDI consented to the Penalty although several violations at the Hospital demolition project were related to work done by a NASDI sub-contractor. MassDEP agreed to suspend $13,050 pending full compliance for one year.

8/31/06: MassDEP executed a Consent Order with a $3,000 Penalty involving the South Hadley Electric Light Department for Waste Site Cleanup violations. After a release on 3/25/06 of up to 25 gallons of mineral oil dielectric fluid at the Smith Avenue facility, no immediate notification was provided to MassDEP as required. Workers at the scene took immediate steps to clean up the release, however, failed to notify MassDEP of the spill until 3/27/06. In addition to the Penalty, South Hadley Electric Light agreed to re-train its employees on proper response and notification procedures for releases of oil and hazardous materials.

8/31/06: MassDEP issued a 'Do-Not-Use' Order (for drinking and culinary purposes for Mount Greylock Regional High School in Williamstown and Lanesborough. The school serves as a public water system and after it connected its replacement well reported very high total coliform counts in the school's distribution system.

8/30/06: MassDEP issued a Demand Letter for a $26,875 relative to the payment of a previously-suspended Penalty involving Abatement Control Services, Inc. The company, located at 241-261 Broadway, Chelsea, had entered into a Consent Order with MassDEP on 11/17/04 due to Asbestos violations observed at a site in Andover. At that time, it was agreed to suspend the entire Penalty for a period of two years, pending compliance. On 8/18/06, however, an inspection by MassDEP of a project involving the company (at 241-261 Broadway in Chelsea) violations of the asbestos regulations were observed. As a result of those violations, the Demand Letter for the suspended Penalty has been issued.

8/30/06: MassDEP entered into a Consent Order with Edge Hill Golf Course in Ashfield due to Water Supply violations. The facility had been serving as a public water supply system (25 people served daily at least 60 days per year), but had not been approved. The facility has now agreed to bring the system into compliance - including certified lab testing of samples and the installation of a water meter - by 12/31/06.

8/29/06: MassDEP entered into a Consent Order with a $1,950 Penalty involving Dresser-Rand Group, Inc. of Millbury for Hazardous Waste and Air Quality violations. The Company was found be generating waste oil in excess of their registered status and failed to follow numerous other hazardous waste management and air quality regulations. In addition to the Penalty, the company will purchase a multi-gas detector and a portable two-way radio at a cost of $3,050, and donate it to the Millbury Fire Department.

8/29/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Jeffery Brothers Warehouse, Inc., at 66 Broadway in Salem for Waste Site Cleanup violations, specifically failure to meet deadlines. In addition to the Penalty, today's Order establishes new timelines for submittal of cleanup reports and stipulated penalties for failure to comply.

8/29/06: MassDEP executed a Consent Order with a $12,000 Penalty regarding Weiss Farm Inc. of 170 Franklin Street in Stoneham for Wetlands and Solid Waste violations. Weiss Farm conducts licensed composting operations (from Mass Dept of Agricultural Resources). MassDEP determined that the operations had resulted in alteration of approximately 30,000 square feet of Bordering Vegetated Wetland and 5,000 square fee of land under a waterway. Today's Order requires full restoration and long-term monitoring of all wetland resource areas and significantly improved site operating procedures. MassDEP agreed to suspend the Penalty pending full compliance for a period of five years.

8/29/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Lawrence Malouin (d/b/a Larry's Garage of 195 City Depot Road in Charlton) for Waste Site Cleanup violations. Malouin failed to investigate the full extent of gasoline contamination in groundwater at the site, failed to monitor private drinking water supply wells, and applied remedial additives near private wells without MassDEP approval. MassDEP agreed to suspend $7,600 of the Penalty contingent on the continued appropriate monitoring of private drinking water wells and the completion of the necessary cleanup.

8/28/06: MassDEP entered into a Consent Order with a $45,000 Penalty involving Richard Joseph & Co. for Asbestos violations in Ashland and Marlboro. The company was involved in the removed asbestos-containing shingles from 13 Joanne Drive in Ashland and disposed of at a transfer station at 791 Boston Post Road in Marlboro. MassDEP agreed to suspend half ($22,500) of the Penalty pending full compliance with the Order.

8/28/06: MassDEP executed a Consent Order with a $1,500 Penalty regarding Maple Wood Acquisition LLC of Ashburnham for Air Quality violations. The Company was found be operating an outdoor wood-fired boiler in violation of regulations concerning opacity (visible emissions) and incineration regulations. The company agreed to permanently cease operation of the boiler.

8/25/06: MassDEP entered into a Consent Order with Hampton Housing Associates of Northampton for Waste Site Cleanup violations at 20 Hampton Avenue in Northampton. The Consent Order requires HHA to expedite the pace of remedial response actions at the site. The site was first listed with MassDEP on 6/20/02 due to the detection of fuel oil in the groundwater. The site was a former fuel oil terminal that is now used for residential housing. MassDEP has required submittal of a Phase II Report, Phase III Plan and a Phase IV Plan or a Response Action Outcome Statement. Today's Order specifies deadlines to complete response actions and contains stipulated penalties for future noncompliance with MassDEP interim and regulatory deadlines.

8/25/06: MassDEP issued a 'Boil Water' Order to Shady Pines Campground in Savoy relative to drinking and culinary purposes. The Order was issued following detection of total coliform and e.coli bacteria in samples collected from its distribution system. The system is undergoing disinfection. All campsites and multiple buildings at the facility are required to be posted with the Boil Order notice.

8/24/06: MassDEP executed a Unilateral Order regarding "LR5-A" (a Limited Partnership) for Wetlands violations at Meadow Creek Golf Course and Subdivision in Dracut. Work being done by the partnership on land located off Broadway Road (Route 113) in Dracut involved an 18-hole golf course and 187 single-family homes (and permitted in 2002). Due to violations found on site, however, MassDEP and the developers in January of 2005 entered into a Consent Order with a Penalty. Under that Order, the developers were required to take protective and preventative measures. LR5-A is the mortgagee and in exclusive possession and control of the site as of June 2006 resulting from foreclosure activities and a Temporary Restraining Order against the developer. During compliance inspections in July and August 2006, MassDEP staff found multiple violations of the company's permits, including alteration of 3/4ths of an acre of Bordering Vegetated Wetland at 11 different areas of the site due to silt runoff and other activities occurring during construction. Today's Order has been issued to LR5-A to compel compliance with the wetlands permits and full restoration of all impacted wetlands; additional enforcement action is likely. 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.

8/24/06: MassDEP entered into a Consent Order with a $43,195 Penalty involving Walter L. Bronhard of 972 Highland Avenue, Fall River for Asbestos violations. Among the violations: failure to submit written notification to MassDEP for removal of friable asbestos containing material; emissions to the ambient air; failure to dispose asbestos containing material at an approved landfill; and, asbestos abatement work practice violations during the removal of thermal system insulation in the basement boiler room and the first floor of the building. The work-practice violations included: failure to containerize asbestos in leak tight containers; failure to seal the work area; and, failure to use air-cleaning equipment.

8/23/06: MassDEP entered into a Consent Order with Josephine Banas, owner of 67-69 Parker Street in Springfield for Waste Site Cleanup violations. Banas agreed to expedite the pace of remedial response actions at this location where in October 1998, fuel oil was found in soil following the removal of a 550-gallon underground storage tank. MassDEP has now required a revised plan and completion report that will more effectively address the existing contamination on-site. Today's Order further specifies the deadlines to complete response actions and contains stipulated penalties for future noncompliance with any regulatory (or interim) deadlines.

8/23/06: MassDEP entered into a Consent Order with the Town of Hampden to address Water Supply compliance. Today's Order ensures that the reactivation of a public water system at the Hampden Senior Center will be done within all the applicable drinking water requirements.

8/22/06: MassDEP entered into a Consent Order with a $43,000 Penalty involving LOMUR Realty Trust for Waste Site Cleanup violations at 70-80 Concord Street in Belmont. Specifically, the Trust failed to submit timely reports on the cleanup, including a demonstration that it had achieved a final resolution (Response Action Outcome) within the deadlines as established by MassDEP on 3/7/02. New deadlines have now been set, with the submittal of an RAO by 8/1/08. MassDEP agreed to suspend $23,000 of the Penalty pending compliance with the deadlines and terms of today's Order.

8/21/06: MassDEP entered into a Consent Order with Canton Pond II Limited Partnership for Waste Site Cleanup violations at 30 Cedar Street in Canton. The Partnership failed to meet deadlines in submitting Phase reports on the status of the cleanup at the site. New deadlines have now been established with certain stipulated penalties for failure to comply.

8/21/06: MassDEP entered into a Consent Order with Car Products Inc. of Holyoke in order to remedy past noncompliance with the Toxics Use Reduction Act (TURA). An inspection of the facility revealed the company had recently moved its operations to this new location but had not, as required, filed TURA reports at either location. Today's Order requires the company to evaluate its records, file its report and pay back fees, if applicable, for the years 2003-2005.

8/17/06: MassDEP executed a Consent Order with a $9,625 Penalty regarding the Industrial Wastewater violations by Clean Machine Power Wash, Inc. of West Springfield. On January 30, 2005, MassDEP found during an inspection on 1/30/06, that the company conducted power washing of U.S. Postal Service trailer trucks located at Bulk Mail Center in Springfield and allowed the washwater to discharge into a nearby storm drain. The company has agreed to implement corrective actions and to conduct a Supplemental Environmental Project (SEP). Under this SEP, the company will conduct public training sessions in Hampden and Berkshire County on proper treatment of waste wash water. MassDEP has agreed to suspend $5,625 of the Penalty (the estimated value of the training sessions) pending compliance.

8/15/06: MassDEP entered into a Consent Order with a $7,250 Penalty regarding Bob's Towing & Service in Orange for Hazardous Waste Management violations. MassDEP inspected the facility ion 1/31/06 and found the company was burning refuse in an incinerator without a permit; was violating hazardous waste management regulations by failing to affix labels on containers of waste oil; had failed to clearly delineate areas where containers of waste oil were being stored; and, had failed to notify MassDEP of the facility's waste-oil space heater. The company initiated corrective actions after the inspection and worked to address the noncompliance issues. MassDEP has agreed to suspend $5,750 of the Penalty pending full compliance over the next year.

8/14/06: MassDEP executed a Consent Order with a $5,362.50 Penalty involving Robert Wass for Hazardous Waste Management violations at Petroleum Management Services Inc. in Wakefield. MassDEP had previously issued a Notice of Noncompliance, but a re-inspection revealed that some of the same violations existed at the facility. Violations included: delineation of hazardous waste areas; emergency phone list; inspections; signage, and labeling. Under the state's Small Business Policy, $4,862.50 of the Penalty will be suspended pending compliance for one year.

8/14/06: MassDEP entered into a Consent Order with a $14,275 Penalty regarding Central Metal Finishing of North Andover for Hazardous Waste Management violations. This action was taken after an inspection determined the facility while registered as a Small Quantity Generator had in fact operated as a large Quantity Generator of Hazardous Waste for the years 2000-2006. MassDEP determined that Central Metal Finishing was in compliance with all other the large Quantity Generator regulations, and today's Penalty reflects only back fees for the seven years that the facility had operated out of status.

8/14/06: MassDEP was notified of a civil settlement in the Commonwealth v. BioSolutions in Suffolk Superior Court. Pursuant to that agreement, BioSolutions (of Westborough) has agreed to pay a $10,000 civil penalty for using an unapproved treatment process in violation of the state's (septic system) Title 5 on-site sewage treatment regulations. This settlement resolves allegations that the company repeatedly used "Terralift" on septic systems even though the MassDEP has not approved the process. According to the complaint, BioSolutions repeatedly used the Terralift process, which injects highly pressurized air and plastic into septic system leach fields. The injections can create fissures in the soil that may allow sewage to flow out of the system before proper treatment, which can result in groundwater contamination.

8/11/06: MassDEP executed a Consent Order with Louis Liptak, Jr. for Waste Site Cleanup violations at 180 Notre Dame Street in Westfield. The property had been listed as Downgradient Property Status by an adjacent property owner due to the discovery of tetrachloroethene in groundwater. An audit later determined a floor drain with the same contaminant on Liptak's property. MassDEP has already issued a Notice of Noncompliance (in May 2006), and today's Order, establishes deadlines for submittal of response actions by Liptak.

8/11/06: MassDEP entered into a Consent Order with an $11,700 Penalty regarding J.B.M. Enterprises, Inc. and Gordy Realty Trust for Asbestos violations at 825 Tradewind Street and 700 Kempton Street in New Bedford. The companies failed to submit written notification to MassDEP for removal of asbestos containing material (shingles), and for committing three asbestos abatement work practice violations. During the removal of these shingles, the companies failed to properly wet the asbestos-containing material, failed to secure asbestos in leak-tight containers and failed to label the material. Under the Small Business Policy, MassDEP has agreed to suspend $8,700 of the Penalty pending compliance.

8/10/06: MassDEP entered into a Consent Order with Calvin Arnold Jr., for Wetlands violations at 25 White Street in Southwick. Arnold (and/or his consultant) failed to disclose project-related impacts in a floodplain [Bordering Land Subject to Flooding] in his proposal (Notice of Intent). Today's Order requires Arnold to evaluate project-related impacts to the floodplain that will result from construction of a retaining wall on his property. The retaining wall would involve placement of approximately 133 cubic feet of fill in the floodplain without any compensatory flood storage.

8/10/06: MassDEP issued a Unilateral Order to John W. Morrison regarding work on Burleigh Estates subdivision (Old Warren Road) in Palmer. As developer of this subdivision, Morrison must take immediate action to stabilize the site. MassDEP found violations including: removal of vegetation and clearing that exposed soils to the forces of erosion on 10-12 acres. As a result, erosion at this site caused a significant amount of sediment to discharge downstream from the site and into protected resource areas. Impacts resulted from deposition of sediment included a downstream state owned fish hatchery. Investigation and additional enforcement action as appropriate to mitigate impacts to the resource areas are expected.

8/10/06: MassDEP executed a Consent Order with a $3,150 Penalty involving Red Oak Contractors for Wetlands violations at 313 Granville Road in Southwick. The developer undertook work without waiting for resolution to the regulatory appeal period. While no unauthorized impacts resulted to protected resource areas, today's Order protects the public appeal period and deters other contractors or developers from violating the state's Wetlands Protection Act appeals process. MassDEP agreed to suspend $1,650 of the Penalty contingent upon further compliance with wetland regulations relative to the project.

8/10/06: MassDEP issued a Unilateral Order to Michael and James LaMountain to cease-and-desist from further work in the Riverfront Area at Mashapaug Road in Holland due to Wetlands violations. The developers of the site commenced work without the filing of a Notice of Intent with the Holland conservation commission or receiving an order of conditions (permit). Today's Order by MassDEP stipulates that immediate stabilization of the site should be taken to prevent impacts from erosion and that the developer must file appropriate plans for the work with the Holland con-com and MassDEP.

8/8/06: MassDEP was informed that Superior Court entered its Final Judgment regarding Boston Edison Company and the South Boston Convention Center (former Boston Junk Site). Under the terms of the Judgment, Boston Edison will pay $8.6 million to clean up hazardous materials at the site in South Boston with an additional half-million ($500,000) to be paid by the other defendants, SAK Recycling also for clean up of a parcel adjacent to the Convention Center. The Convention Center Site had been known as the Boston Junk Site, primarily due to its prior operation as a junkyard where the soils over many years became heavily contaminated with PCBs and lead.

8/8/06: MassDEP executed a Consent Order with a $3,000 Penalty involving CJ's Towing Unlimited in Springfield for Hazardous Waste violations. A Department inspection in January 2006 revealed that the company, which tows, stores and repairs vehicles at 348 and 420 Rocus St., Springfield, violated hazardous waste housekeeping regulations. In addition to paying a penalty, CJ's Towing Unlimited has agreed to correct all hazardous waste violations.

8/8/06: MassDEP entered into a Consent Order with Ellis Nursing Home, Inc. for Asbestos violations at 22 Codman Road in Norwood. Today's Order requires Ellis to implement a cleanup plan, which had been reviewed and approved by MassDEP calling for excavation of asbestos contamination from the Ellis sewer and drain easement. The plan must be completed within 60 days from the effective date.

8/8/06: MassDEP entered into Consent Order with a $7,000 Penalty involving Automotive Specialties Repairs & Service relative to Solid Waste, Air Quality and Hazardous Waste violations in Brimfield. An inspection by MassDEP of the 86 Holland Street facility in May 2005 uncovered the violations, which the company will correct; in addition to the removal of thousands of stored tires.

8/8/06: MassDEP issued a Unilateral "Cease and Desist" Order to Jose J. and Maria F. Silva to prevent further Wetlands damage at their project in Fairhaven. Today's Order requires erosion control measures to be taken. A previous Order of Conditions for work at the site has expired; however, the Silva's continued to work, failed to maintain wetland flagging stations and excavated/fill beyond the limit of work authorized. Work has impacted coastal wetlands including, but not limited to, coastal bank and coastal beach.

8/7/06: MassDEP entered into a Consent Order with Open Square Properties, LLC of Holyoke for Waste Site Cleanup violations. The company owns a mill property under development at 10 Open Square Way in Holyoke. In September 2003, MassDEP determined a sheen of oil was discharging into the canal and non-aqueous phase liquid (NAPL) was present in groundwater underlying the site The company failed to submit Immediate Response Action (IRA) reports within the required timeframes and MassDEP issued a Notice of Noncompliance in February 2004. While the owner subsequently brought the site back into compliance with the regulation, today's Order enacts a September 2006 deadline to submit a Site Assessment and Remedial Action Plan. Open Square has submitted the necessary IRA Status Reports and is now committed to more aggressive assessment and cleanup of the NAPL at the site in order to prevent future discharges to the canal.

8/7/06: MassDEP executed a Consent Order with a $7,465 Penalty involving Medway Block Co., Inc. of Medway for Hazardous Waste, Industrial Wastewater, and Stormwater violations. The company discharged boiler blow-down and curing oven condensate to the ground without obtaining a Ground Water Discharge Permit. The company failed to obtain authorization (i.e., EPA Stormwater Permit) to discharge storm water to an unnamed tributary to Chicken Brook, and failed to comply with numerous state Hazardous Waste accumulation standards. In addition to the Penalty the company has agreed to bring the facility into compliance.

8/7/06: MassDEP executed a Consent Order with a $1,118 Penalty involving P.A. Landers for Air Quality violations at its concrete batching plant in Hanover. MassDEP issued approval on 8/1/00 of the company's plan covering the control of emissions at the plant. In the spring of 2006, inspections by MassDEP identified air quality violations pertaining to the record keeping required to support compliance with that approval. Without those records, evidence that the control of emissions within the specified limits was not available. Additional data would later indicate that emissions (from March 2004 through March 2006) were within the limits. In addition to the Penalty, today's Order requires the company to maintain proper emission records on-site.

8/7/06: MassDEP entered into a Consent Order with a $4,500 Penalty involving Bethany Road Realty Trust for Waste Site Cleanup violations at 132 Bethany Road in Monson. The Trust failed to comply with a Notice of Noncompliance (NON) issued in August of 2005. MassDEP earlier had determined during an audit of the cleanup that was submitted relative to this site that groundwater had been incorrectly classified. The site resides within the Zone II of the Monson public water supply wells, and failed to present an appropriate risk characterization to demonstrate no significant risk. In response to the NON, revisions were made (that correctly classified the groundwater), however it still failed to document any additional sampling to verify the standards were met for metals, nor that the data was a suitable basis for the submittal of an Opinion.

8/7/06: MassDEP BWP entered into a Consent Order with an $11,500 Penalty involving Quarry Hills Associates, Inc. (QHA) for Air Quality violations. MassDEP inspected the landfill gas flares at former landfill located along the Quincy and Milton border. Contrary to the requirements contained in an Air Quality Plan Approval issued for each site, temperature readings and recording devices were not installed on either flare. In addition, no adequate records of air emissions from either flare were being kept on-site, and the Milton landfill gas flare was not equipped with the required landfill gas flow recorder. Today's Order requires QHA to install the required monitoring and recording equipment on both flares and to immediately begin keeping adequate air emissions records on-site. MassDEP agreed to suspend $5,750 of the Penalty pending compliance for one year.

8/7/06: MassDEP executed a Consent Order with a $13,750 Penalty involving John A. Barcelos, Trustee of J.A.N.C. Realty Trust for Wetlands violations in Salisbury. The unauthorized construction included an elevated boardwalk, two concrete block walls, a fence, a patio walkway and brick pad, that occurred in part on residential property on North End Boulevard with portions of the work also including land under the control of the state's Department of Conservation and Recreation. In addition, the work resulted in depositing of stone within a Dune on a Barrier Beach. Some of this work affected Dune function and increased areas of Dune erosion. Today's Order requires significant site changes that result in restoration of approximately 1400 square feet of Dune and includes monitoring. MassDEP agreed to suspend $11,250 pending compliance within one year.

8/3/06: MassDEP issued a Unilateral "Do Not Use" Order regarding the water supply at Hidden Hollow Country Club of Rehoboth due to bacteria. The Club operates as a public water supply. Elevated levels of total coliform and e-coli bacteria were first detected on 6/6/06 (at which point the water was no longer made available to the public) and are still found in recent samples. Efforts to find and correct the source of the contamination have not been successful and the owner is reluctant to put continuous chlorination on the system, which taken together prompted today's Unilateral Order by MassDEP.

8/3/06: MassDEP entered into a Consent Order with a $1,380 Penalty involving Demers Brothers Trucking, Inc. of Attleboro for Hazardous Waste Management violations. The company is a trucking and rigging company that specializes in transporting industrial equipment. A site inspection by MassDEP on 3/27/06 identified the violations primarily pertaining to storage of waste oil/hazardous waste. In addition to the Penalty, the Order establishes an aggressive schedule for returning to compliance with the proper management of oil and hazardous waste. 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.

8/1/06: MassDEP was notified of the judge's decision in the case of the Commonwealth v. Paul Brunell in Worcester Superior Court relative to the violations of the state's Hazardous Waste Management Act. Brunell is the former president and operator of a Worcester metal plating company and pleaded guilty to seven criminal counts of violating the Act, i.e. illegal storage and transportation of hazardous waste. Brunell also pleaded guilty to one count of violating the Clean Water Act arising from his discharge of pollutants into waters of the Commonwealth. Judge John S. McCann imposed a sentence of supervised probation for ten years. As a condition of the sentence, the defendant is required to pay partial restitution to MassDEP in the amount of $11,000. Further, Brunell is required to perform 500 hours of community service, and is prohibited from working or acting in any capacity in the metal plating business throughout the entire 10-year probationary period. He must also pay all pertinent court fees. The Commonwealth had recommended a sentence of two and one-half years in the House of Correction, six months to serve and the balance suspended for a five year probationary period, with the condition that the defendant be prohibited from working or acting in any capacity in the metal plating business.

8/1/06: MassDEP entered into a Consent Order with a $2,150 Penalty involving Boehler's Garage in East Freetown for Hazardous Waste and Air Quality violations. MassDEP's inspection found the violations involved: the 180-day timeline to ship waste oil off-site; inadequate emergency preparation and procedures; waste oil labeling and proper accumulation area requirements; secondary containment requirements; weekly inspection requirements; and, Stage I and Stage II (vapor recovery) maintenance and testing requirements. Under MassDEP's Small Business Policy, the Penalty will be suspended pending a full return to compliance with the applicable regulations.

July

7/31/06: MassDEP entered into a Consent Order with a $31,000 Penalty involving Graves Concrete Inc., of Bernardston for Air Pollution, Hazardous Waste and Solid Waste, Industrial Waste and Wetlands violations. The violations were discovered during an inspection conducted at Graves' ready-mix concrete plant in Bernardston, on 7/28/05. Graves, who cooperated with MassDEP, will pay a $12,000 Penalty and will address the noncompliance issues as required. In addition, Graves will conduct environmental audits of its three other concrete plants located in Massachusetts to ensure environmental compliance. MassDEP has agreed to suspend $19,000 of the Penalty pending compliance with all terms of the Order.

7/31/06 MassDEP BWSC executed a Consent Order with a $32,000 Penalty involving Macheras Service Mart at 66 Broadway in Lowell. Today's Order requires the owner to submit a (revised) Immediate Response Action Plan (IRAP) that will include testing of wells located downgradient at a private school. Also, the owner has agreed to timelines for submittal of cleanup reports and return to compliance with Waste Site Cleanup regulations. MassDEP agreed to suspend $25,500 of the Penalty pending one year of compliance with all the terms of the Order.

7/28/06: MassDEP entered into a Consent Order with Getty Petroleum Marketing, Inc., of East Meadow, New York, for Water Supply violations at its location in Sutton. Getty was found to be operating a public water system at the site without written approval from MassDEP. The Order requires the company to hire a certified operator, submit sampling plans for approval and to undertake additional measures to improve protection around the well.

7/28/06: MassDEP entered into a Consent Order with an $18,500 Penalty involving Motiva Enterprises LLC for Waste Site Cleanup violations in Auburn. Motiva Enterprises, LLC failed to notify MassDEP within 72 hours and failed to conduct a timely Immediate Response Action (IRA) upon detecting gasoline vapors that could pose an imminent hazard at their gas station/convenience store facility at 712 Southbridge Street, Auburn. The elevated concentrations were detected in indoor air in April 2005, and Motiva did not notify or conduct an IRA until July 2005. MassDEP discovered the violations during an audit conducted in September 2005. In addition to payment of the penalty, Motiva has agreed to continue to monitor indoor air quality.

7/28/06: MassDEP entered into a Consent Order with a $2,875 Penalty involving McManus Excavating Company for Water Pollution Control violations in Auburn. The company installed a sewer connection to a Washington Street property prior to receiving a valid sewer connection permit from MassDEP.

7/28/06: MassDEP executed a Consent Order with a $6,500 Penalty involving the town of Hanover for Solid Waste violations. During a routine inspection of the town's transfer station, MassDEP found that the Town had constructed an above ground (weighing) scale and an underground utility line to that scale without approval that should have been obtained, given that the transfer station is located at the site of a former town landfill. MassDEP is currently reviewing the site to assess any potential damage to the landfill final cap/cover system and potential risk to (scale) operators. MassDEP has agreed to suspend the Penalty provided all terms of the Order are met.

7/28/06: MassDEP executed a Consent Order with a $25,000 Penalty involving Earle Realty Trust in Sandwich for Wetlands and Water Pollution Control violations. On 4/24/06 the Sandwich Board of Health observed raw sewage being discharged into a wetland from a failed septic system owned by the Earle Realty Trust. Today's Order requires the Trust to complete construction of a new septic system and to submit a plan that describes any/all structures designed for or used in the management of wastewater and storm water on the property.

7/28/06: MassDEP, along with the Massachusetts Attorney General's Office and the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) concluded a consent decree with the city of Chicopee. The decree is relative to the city's Combined Sewage Overflow (CSO) problems, and includes a penalty in the amount of $115,000 (split equally by state and federal governments). In addition the city has agreed to a schedule for immediate projects ($35 million phase one improvements) and a schedule for the study of the system and implementation of a long-term control plan. The long-term control plan will result in a significant reduction of CSO events with CSO discharge presently occurring at an estimated rate of 466 million gallons of untreated combined sewage annually, with the some CSOs discharging up to 77 days in a typical year.

7/26/06: MassDEP entered into a Consent Order with Kwang Sok Noh of Westfield for Waste Site Cleanup violations. Noh, who owns/operates Stanley Laundromat in Westfield, failed to submit cleanup reports on the property which became a site as a result of a filing downgradient that indicated the presence of tetrachloroethene in groundwater. Today's Order comes as a result of three deadline extension requests, and issuance of a Notice of Noncompliance. Noh is required to submit a Phase IV Remedy Implementation Plan by March 2007.

7/26/06: MassDEP issued a $10,560 Penalty Assessment Notice to Richard Kielman regarding Wetlands and Chapter 91 violations at Onota Lake in Pittsfield. On 7/6/06 MassDEP received a compliant that new docks for multiple boats and personal watercraft had been installed without permits. In addition to today's Penalty, MassDEP has issued a Unilateral Order requiring the removal of the docks. This action will result in the protection of approximately 50 linear feet of bank and preservation of the public right to fish, fowl and navigate. 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.

7/26/06: MassDEP executed a Consent Order with Bostonia Nominee Trust for Waste Site Cleanup violations at 555 Southern Artery in Quincy. The Trust failed to submit cleanup reports within the deadlines established in a Notice of Noncompliance issued by DEP on 4/18/06. New deadlines have now been set in today's Order to complete response action by 9/30/07.

7/26/06: MassDEP issued a Demand for a $10,050 (previously-suspended) Penalty to Environmental Compliance Specialists of Boston. MassDEP entered into a Consent Order with the company on 9/14/05 due to asbestos violations at two different locations. Under that Order, the company was required to pay $12,000 - but suspended an additional $10,050 Penalty. On 7/19/06 MassDEP personnel responded to a complaint at the former Hunt Field House, 45 Almont Street in Boston. During the inspection MassDEP personnel observed violations of the asbestos regulations in the company's work area at the site. The foregoing violations resulted in NERO issuing a demand for the suspended portion of the prior Penalty.

7/25/06: MassDEP entered into a Consent Order with the owners/operators of the "Rogers Pit" stump dump. located off Indian Hill Road in West Tisbury for Solid Waste violations. Specifically, the site was never assigned/permitted for solid waste and is not lined or capped. The owners: Dixon Rogers of Sonoma, California; Mary Cournoyer and Rebecca Cournoyer of Vineyard Haven are required under today's Order to cease disposal of solid waste, close the site, and have the site properly capped by 6/30/07 with an approved closure plan that is currently under MassDEP review. In addition, the Order provides for payment of a suspended $25,000 Civil Administrative Penalty for non-compliance with the terms, conditions and specified deadlines.

7/24/06: MassDEP entered into a Consent Order with a $5,000 Penalty regarding the Saturn - Central dealership for Stage II (vapor recovery) violations at 151 Rivermoor Street in West Roxbury. BWP executed an Administrative Consent Order with Penalty with Saturn Central of West Roxbury for Stage II Vapor Recovery violations. An inspection on 3/9/06 by MassDEP determined that Saturn was continuing to operate a Stage II Vapor Recovery facility without having providing test results demonstrating compliance. In addition to the Penalty, Saturn has agreed to correct the violations.

7/24/06: MassDEP entered into a Consent Order with an $8,630 Penalty involving Rampage Systems, Inc. of Waltham for Hazardous Waste Management violations at its 411 Waverly Oaks Road facility. MassDEP determined during an inspection on 5/22/06 that Rampage was operating without having registered with MassDEP as a Small Quantity Generator of Hazardous Waste. In addition to the Penalty, Rampage agreed to pay $3,750 in hazardous waste fees dating back to 1997.

7/24/06: MassDEP executed a Consent Order with Lorden Oil Company, Inc. of Townsend for Waste Site Cleanup violations. The company failed to meet response action deadlines for a release of fuel oil at their former bulk storage facility. The site is located within the Zone II of the Cross Street municipal public water supply well. Lorden Oil received a Notice of Noncompliance in July 2005, but subsequently failed to meet deadlines for returning to compliance. Under today's Order, Lorden Oil has agreed to complete response actions no later than 8/29/06.

7/24/06: MassDEP executed a Consent Order with a $17,500 Penalty involving Joseph Ruggiero for Waste Site Cleanup violations at 181 North Washington Street in Boston. The owner failed to submit cleanup reports within the deadlines established in a previous Consent Order entered into with MassDEP on 4/8/05. Now, in addition to the Penalty, Ruggerio has agreed to new cleanup deadlines and will complete response actions by 9/1/09.

7/21/06: MassDEP entered into a Consent Order with the North Adams Water Department regarding Water Supply violations, specifically, the staffing of the town's cross connection (backflow prevention) control program. The town has begun to bring the program into compliance, which today's Order formalizes.

7/19/06: MassDEP entered into a Consent Order with the town of Westport for accepting asbestos containing material at the transfer station. Under the terms of the Order, the Town must train transfer station employees in asbestos products identification and response procedures, train employees to monitor all waste as it is transferred at the transfer station, and train employees to identify all special wastes. The Town must also inspect all transfer station equipment, which must be repaired or replaced if in poor condition. Proper training of transfer station employees will help prevent future mishandling of asbestos containing products and other special waste materials. Repair and replacement of transfer station equipment will help prevent contamination of the environment.

7/14/06: MassDEP entered into a Consent Order with a $19,575 Penalty involving VA Boston Healthcare System of West Roxbury for Solid Waste violations. The VA Hospital contracted with a solid-waste transporter to pick up waste; the transporter was not licensed to handle infectious waste, nor did the VA Hospital notify the transporter of the infectious waste. An accident enroute to a transfer station caused the transporter to release infectious waste - including IV bags, needle holders, medical packaging and soaked gauze - to scatter along approx. 200 feet of the VFW Parkway in West Roxbury. MassDEP responded to the incident and supervised and directed the clean up and disposal activities. The VA Hospital assumed responsibility for the clean up costs when made aware of the situation. In addition to the Penalty, the VA Hospital has agreed to develop and submit to MassDEP for approval a plan to ensure that medical waste is not mingled with solid waste. MassDEP has agreed to suspend $7,575 of the Penalty provided all terms of the Order are met.

7/14/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Tower Square Realty Trust in North Attleboro for Waste Site Cleanup violations. After a release of oil/hazardous materials occurred on the Trust's property at 64 Elm Street in North Attleboro in 1999, they conducted some preliminary response actions including a Tier II Site Classification but failed to complete any additional work at the site. In January 2006, MassDEP issued the company Notice of Noncompliance for failing to complete response actions. In addition to the Penalty, today's Order contains a schedule for completion of response actions at the site.

7/13/06: MassDEP entered into a Consent Order with a $500 Penalty involving Castagna Construction Corporation of Newburyport for Air Quality violations. MassDEP noted the violations - at the corner of State and Temple Streets - during a routine inspection. Castagna failed to file a demolition notification prior to commencing work. MassDEP suspended an additional $500 for one year pending the company's compliance.

7/13/06: MassDEP entered into a Consent Order with a $10,798 Penalty involving Carbon Composites, Inc. of Leominster for Air Quality and Hazardous Waste violations. The company failed to comply with its previously approved plan for Air Quality; failed to store organic compounds to minimize evaporation; failed to notify its hazardous waste generation status; and, failed to follow other hazardous waste management and waste-oil accumulation standards. The company agreed to bring the facility into compliance; MassDEP agreed to suspend $5,000 of the Penalty pending one year of continued compliance.

7/13/06: MassDEP executed a Consent Order with a $7,500 Penalty involving Drico Corporation of Charlotte, North Carolina for Waste Site Cleanup violations at 10 Mann Street in Worcester (formerly New York Twist Drill site). The company is required to correct violations involving the remedial (cleanup) actions conducted at the site, including a provision to perform annual testing of indoor air at the site. A related Consent Order for this site was previously executed with the current property owner, Deerfield Street LLC, on 1/17/06.

7/13/06: MassDEP entered into a Consent Order with a $500 Penalty involving Jay-Mor Inc of Pelham, New Hampshire for Air Quality violations. MassDEP noted the violations - at the corner of State and Temple Streets - during a routine inspection. Jay-Mor failed to file a demolition notification prior to commencing work. MassDEP suspended an additional $500 for one year pending the company's compliance.

7/12/06: MassDEP issued a Demand Letter to Manuele Scata ("Auto Doctor") of 1181 Bennington Street in East Boston. Scata is required to pay a civil administrative penalty of $15,000, due to his failure to comply with terms of a previous Consent Order. MassDEP also sent Scata a Notice of Response Action identifying a final opportunity to take necessary response actions at the site, before MassDEP proceeds with site actions and additional enforcement.

7/12/06: MassDEP entered into a Consent Order with a $602 Penalty regarding Webster Printing Company, Inc., of Hanson, for Hazardous Waste Management violations. A MassDEP inspection revealed the company had failed to register as a generator of hazardous waste and waste oil, but had been shipping wastes using a licensed transporter. In addition to the Penalty, the company is required to return the facility to compliance.

7/11/06: MassDEP entered into a Consent Order with a $21,550 Penalty regarding Alpha Oil Company in Wilbraham for Groundwater Discharge and Hazardous Waste Management violations. During an inspection on 9/15/05, MassDEP found Alpha Oil was washing #2 fuel oil-contaminated rags in a washing machine and discharging the oil-contaminated washwater into the ground through a dry well located within the company's vehicle service bay. In addition, the company was not posting the proper hazardous materials sign, not clearly delineating areas where containers of hazardous waste were being stored; and, failed to notify MassDEP of the facility's hazardous waste and waste oil generation. In addition, Alpha Oil transferred the custody or possession of waste oil to an unlicensed transporter. The company has agreed to correct the violations; MassDEP has agreed to suspend $9,550.00 of the Penalty.

7/10/06: MassDEP issued a Cease-and-Desist Order (re: outdoor burning) to New England Concepts and Mr. James LaMountain of Holland for Air Quality violations. The Orders were issued to the property owner and operator to cease open burning without a permit from the Holland Fire Department. The operator was clearing land and burning the debris without a valid permit. MassDEP has been working with the Holland Fire Department to enforce the open burning regulations. 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.

7/7/06: MassDEP entered into a Consent Order with a $945 Penalty involving TriStar Plastics of Shrewsbury for Hazardous Waste violations found during a January 2006 inspection. The violations were corrected immediately; a Supplemental Environmental Project (SEP) valued at over $2,555 was approved whereby the company will purchase a gas-monitoring device and auxiliary equipment, which will be donated to the Shrewsbury Fire Department.

7/6/06: MassDEP executed a Consent Order with a $2,550 Penalty involving TriStar Plastics Corporation in Shrewsbury for Hazardous Waste violations. TriStar stored waste oil in excess of the prescribed accumulation period, failed to notify the Department of its waste oil generation and failed to follow other waste oil accumulation standards. Today's Order requires the company to pay a $945. penalty, maintain compliance with applicable regulations, and perform a Supplemental Environmental Project (SEP). The SEP involves the purchase of a first responder gas monitor detection device and auxiliary equipment costing $2,555.00 and the donation of that equipment to the Town of Shrewsbury Fire Department

7/6/06: MassDEP entered into a Consent Order with Erving Industries, Inc. and Baldwinville Products, Inc. of Templeton for Waste Site Cleanup violations involving historical release(s) of PCBs to water, sediments and floodplain soil. The release from the former Baldwinville Products Mill impacted adjacent Otter and Millers Rivers with much of the contamination deposited downstream at the Birch Hill Dam. Today's Order provides deadlines for conducting cleanup actions including submittal of a (supplemental) Phase II of the cleanup by 8/31/07 and either a Phase III or final completion statement by 6/30/08.

7/5/06: MassDEP entered into a Consent Order with a $7,000 Penalty regarding Solutia Inc., of Springfield for Air Quality violations. Solutia exceeded its permitted air emission limits. The violations involved exceeding permitted air emission limits and monitoring results and were self-reported as required by the company's Air Quality Operating Permit. The violations were due to a failure to follow internal procedures for collecting environmental data.

7/3/06: MassDEP was notified that Suffolk Superior Court entered a Final Judgment against Troiano Trucking Inc. of Grafton in a civil complaint brought by the Attorney General's Office for major environmental violations including, chronic violations of the solid waste and air regulations. Troiano has been the subject of repeat administrative enforcement actions. Under the judgment, the company must put in place structural and operational improvements to prevent infestation by vermin and the creation of nuisance conditions. The company will also pay a $65,000 penalty. A second company (the trash hauling business co-located at the site) Barry Trucking will pay a $7,500 penalty for storing construction and demolition debris without a permit and is enjoined from accepting solid waste without MassDEP approvals.

7/2/06: Scotland Heights Realty Trust, Haverhill (NERO): MassDEP executed a Consent Order with a $74,125 Penalty with Scotland Heights Realty Trust for Water Pollution Control violations in Haverhill. MassDEP determined that construction at this subdivision off Klondike Avenue involved a sewer extension without a permit and failure to obtain a 401 Water Quality Certificate. In addition, the developer failed to file as required with the Massachusetts Environmental Policy Act (MEPA) prior to starting construction. Work on the project has ceased. Today's Order requires that the developer to refrain from work until the required sewer extension permit and 401 Water Quality Certificate have been obtained. Those permits cannot be issued until a MEPA review has been completed. MassDEP has agreed to suspend $24,125 of the Penalty pending compliance.

7/1/06: MassDEP issued a Demand Letter for a previously suspended penalty of $2,000 to Independent Taxi Operators Association of Boston. On 5/12/06, ITOA entered into a Consent Order due to Stage II Vapor Recovery (Air Quality) violations observed at their 223 Albany Street location. As a result of a follow-up inspection, Independent Taxi continued to be in noncompliance with MassDEP's Stage II Vapor Recovery regulations.

June

6/30/06: MassDEP entered into a Consent Order with Heifer International Project in Rutland for Drinking Water Violations at Overlook Farm. During an inspection earlier this month, MassDEP determined that the current water supply at Overlook Farm was in non-compliance. Today's Order ensures the current well maintained maximum feasible compliance by restricting development within 100 feet of the current well, while developing a compliant Public Water supply at their facility. The Order allows the Rutland Board of Health to issue a permit to allow this year's summer camp to be held.

6/30/06: MassDEP entered into a Consent Order with a $12,560 Penalty involving Keyspan Energy Delivery/New England (Colonial Gas Company) for Air Quality (Asbestos) violations. Department personnel observed the violations taking place during a renovation at Keyspan's facility in Tewksbury at 50 Chapman Road. on 10-24-2005.

6/30/06: MassDEP entered into a Consent Order with a $30,000 Penalty regarding Mirant Canal, LLC, for Air Quality violations in Sandwich. The violations involve visible emissions from the facility's smoke stacks in 2003 and 2004. In addition to the Penalty, Mirant will undertake a Supplemental Environmental Project costing $45,000 to reduce pollution from school buses in the towns of Sandwich and Bourne. Air quality analysts from MassDEP determined that the density of visible emissions coming from the plant, also called "opacity," violated the plant's operating permit. Excess opacity is an indication of pollutants emitted by the plant that contribute to poor air quality. During discussions with MassDEP on the violations, Mirant implemented corrective steps at their Sandwich facility to address the problem.

6/30/06: MassDEP entered into a Consent Order with a $3,250 Penalty involving Vachon Mazda and Mitsubishi Dealerships in Attleboro for Hazardous Waste violations. A multi-media inspection by MassDEP revealed the company had not registered with the Department as a generator of Hazardous Waste and for Waste Oil at two of its dealerships. In addition, the company installed a waste oil space heater without notifying the Department and failed to comply with several management requirements including, emergency preparation and procedures, weekly inspections, labeling and training requirements. In addition to the Penalty, the company will bring the facilities into compliance.

6/29/06: MassDEP executed a Consent Order with a $40,050 Penalty regarding Kelley Environmental of 43 Hobson Street in Boston for Air Quality (Asbestos) violations. MassDEP agreed to suspend all but $1,000 of the Penalty due to financial inability pending compliance for a period of two years. The violations were discovered as a result of a complaint response originally received from the City of Boston.

6/29/06: MassDEP entered into a Consent Order with the Town of Barnstable regarding two un-approved public water supply wells at the Community Building and the Sandy Neck beach concession stand. The facilities will be registered as public water supplies and, as such, will have regulatory responsibilities involving monitoring and reporting requirements.

6/29/06: MassDEP entered into a Consent Order with a $5,750 Penalty to Academy at Charlemont for Water Pollution violations in Charlemont. The school was found to be discharging lab wastes to a septic system. Today's Order requires the school to submit a plan to bring the facility into compliance with the regulations; MassDEP agreed to suspend the Penalty provided the system is brought into compliance within the time frame established.

6/29/06: MassDEP executed a Consent Order with a $5,750 Penalty involving Swift River Academy of Cummington for Water Pollution violations. The school was found to be discharging lab wastes to a septic system. Today's Order requires the school to submit a plan to bring the facility into compliance with the regulations; MassDEP agreed to suspend the Penalty provided the system is brought into compliance within the established schedule.

6/29/06: MassDEP issued a Consent Order with a $2,000 Penalty regarding M.V. Auto Salvage for Waste Site Cleanup violations in Oak Bluffs. M.V. Auto Salvage regarding a release of waste oil at their property in Oak Bluffs. A release of waste oil on the company's property was first identified in 1996. M.V. Auto Salvage conducted preliminary response actions, but failed to complete the cleanup. In June 2005, MassDEP issued a Notice of Noncompliance (NON) due to the incomplete cleanup. The company failed to comply with the NON. In addition to the $2,000 Penalty, today's Order requires M.V. Auto Salvage to implement $5,000 in Best Management Practices to ensure adequate environmental controls at its facility.

6/29/06: MassDEP entered into a Consent Order with a $21,562 Penalty involving the Mattapoisett Housing Associates, LLC for Waste Site Cleanup and Water Pollution violations. The violations involve a discharge of oil or hazardous material to surface water at the condominium development and further that the company failed to notify, failed to conduct Immediate Response Actions. In addition to the Penalty, the company will also pay $7,188 payment to the Environmental Trust Fund as part of a Supplemental Environmental Project.

6/29/06: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Waste Site Cleanup violations by the Massachusetts Bay Transportation Authority (MBTA). The violations cited involve the cleanup of 4 Riverside Avenue in Brockton include: conducting response actions without approval; failure to comply with the terms and conditions of an Activity and Use Limitation (AUL) implemented at the Site; failure to delineate the nature and extent of contamination at the site; and, failure to conduct a feasibility evaluation prior to implementing a remedial alternative at the Site. In addition to the Penalty, the MBTA is required to conduct additional cleanup activities at the site according to specific deadlines established.

6/29/06: MassDEP entered into a Consent Order with a $27,000 Penalty involving Ciccolo Property Trust for Waste Site Cleanup violations at 714-726 Beacon Street in Newton. The Trust failed to report an Imminent Hazard, failed to submit Immediate Response Action Status Reports, and failed to achieve a Response Action Outcome or request a Tier Classification Extension within the deadlines set by the Massachusetts Contingency Plan. In addition to the Penalty, the Trust has agreed to bring the site back into full compliance by 4/2/08; MassDEP has agreed to suspend $17,000 of the Penalty pending compliance.

6/27/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Kenwood Water District of Dracut for Water Supply violations. Specifically, the District failed to comply with the lead and copper public notification and sampling plan submittal requirements as outlined in a previous Notice of Noncompliance.

6/27/06: MassDEP entered into a Consent Order with the town of Raynham, for Solid Waste violations. Raynham operates a solid waste transfer station without appropriate construction and operating permits from the MassDEP. The transfer station had operated as a legal convenience center when the adjacent landfill was in operation. Upon closure of the landfill, the transfer area was required by regulations to be permitted. Today's Order establishes a schedule for the town to apply and obtain permits to operate the waste facility in compliance with regulations and waste ban practices designed to increase recycling and reduce waste disposal.

6/26/06: MassDEP entered into a Consent Order with a $26,740 Penalty involving Master Finishing & Restoration, Inc. of Needham for Air Quality violations. The facility, which is located at 178 Crescent Road, disclosed that without approval it had installed equipment that should have triggered an application to MassDEP for an air quality permit. MassDEP suspended $22,820 of the Penalty provided the company complies with all the terms of the Order and the underlying regulations cited.

6/23/06: MassDEP entered into a Consent Order with a $3,000 Penalty involving LVI Environmental Services for Air Quality (Asbestos) violations at Danvers State Hospital. LVI is a Massachusetts licensed asbestos abatement contractor and during a routine inspection MassDEP observed several work-practice regulations by the company.

6/23/06: MassDEP executed a Consent Order with a $2,500 Penalty involving Pilgrim Church in Sherborn for Water Supply violations. The Church failed to take samples for lead, copper, nitrate/nitrite, inorganics, as well as Synthetic Organic Compounds and Volatile Organic Compounds in 2005/2006. MassDEP has agreed to suspend the Penalty provided the Church complies with the Order.

6/22/06: MassDEP issued a Unilateral Order to Berkshire Wind Power LLC for Wetlands violations in Hancock on Brodie Mt. Road. The company was found to be in violation of a Superseding Order of Conditions (permit). Today's Order requires the Berkshire Wind Power to re-assess its erosion controls and ensure that adequate controls are in place, and to stabilize the site.

6/21/06: MassDEP entered into a Consent Order with $14,000 Penalty involving Brewster Management Corporation for Waste Site Cleanup violations at 135 Hancock Street in Quincy. Brewster failed to submit a Phase II, III, and IV as required in a Notice Of Noncompliance (NON) issued by MassDEP on 1/13/06. In addition to the Penalty, the company has agreed to a timetable to return to compliance; MassDEP has agreed to suspend $5,000 of the Penalty pending compliance with the Order.

6/20/06: MassDEP entered into a Consent Order with Mill River Professional Center, LLC, for Waste Site Cleanup violations at One Washington Street in Taunton. The company failed to record the necessary documentation relative to an Activity and Use Limitation (AUL) on its property and, then failed to meet deadlines for doing so. In a Notice of Noncompliance issued to Mill River, MassDEP identified the violations and established a sixty-day deadline for the correction of the AUL. However, prior to the expiration of the deadline established, MassDEP received an update on the response requesting additional time to record the necessary documents. Today's Order enables the Trust the time to record the necessary documentation required to correct the AUL violations.

6/19/06: MassDEP executed a Consent Order with a $2,875 Penalty for Water Pollution (septic system) violations at Stow Shopping Center. The owner, Linear Retail Stow, LLC agreed to address a failing Title 5 Large Septic System at Stow Shopping Center. Linear Retail Stow LLC will either obtain a groundwater discharge and upgrade its on-site system, or phase out the system and connect to Maynard municipal sewer within the established timeline.

6/19/06: MassDEP issued a $26,620 Penalty Assessment Notice to M.S. Realty Trust of Fitchburg for Air Quality (Asbestos) violations at 229 Mechanic Street in Worcester. MassDEP observed multiple violations that occurred during the removal of asbestos siding from this multi-family residential property, including shattered asbestos-containing material, and dry, uncontained asbestos strewn about the property and in an open top roll off at the site.

6/15/06: MassDEP entered into a Consent Order with Daniel Diaz for Waste Site Cleanup violations at 2495-2505 Main Street in Springfield. Diaz entered into a Consent Order with MassDEP after having failed to meet Cleanup deadlines. Previously, Diaz had been issued a Notice of Noncompliance and provided the paperwork for application of Financial Inability but failed to respond or file the necessary paperwork. The Consent Order provides new deadlines for submission of the appropriate documents.

6/13/06: MassDEP entered into a Consent Order with the Town of Royalston to address bacteria contamination of the drinking water supply at one of its facilities, the Village School. The Village School is leased to a non-profit, which runs the school. Under today's Order, Royalston will ensure that wellhead improvements and installation of permanent disinfection occurs.

6/12/06: MassDEP entered into a Consent Order with $1,500 Penalty involving RM Technologies for Air Quality (Asbestos) violations at 300 Canal Street in Lawrence. MassDEP has agreed to suspend an additional $1,500 Penalty pending compliance.

6/11/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Roberto Loam & Equipment Corp. for Wetlands violation in Billerica. MassDEP determined erosion and stockpiling of loam and other soils resulted in the fill and alteration of approximately 25,000 square feet of Bordering Vegetated Wetland (BVW) and 300 linear feet of Bank. In addition to the Penalty, full restoration and monitoring of all resource areas is required; an additional $6,375 Penalty will be suspended if in compliance by 10/31/12.

6/10/06: MassDEP executed a (second) Amendment along with $5,250 in stipulated Penalties to an existing Consent Order to address Water Pollution (septic system) violations at Village Mobile Home Park in Pepperell. The owner of the property is Fairlane Homes Realty Trust of Littleton, agreed to the Penalties and to address the failing on-site sewage disposal system and was granted a timeline extension until 12/31/06 to phase out the on-site system and connect to the Pepperell municipal sewer system.

6/9/06: MassDEP executed a Consent Order with First Lutheran Church in West Barnstable for Water Supply violations. The facility had been operating as an unapproved public water supply. Today's Order requires that the system become registered with the Drinking Water Program and regulated as a transient non-community public water system.

6/9/06: MassDEP entered into a Consent Order with CRV Development for Water Supply violations at 12 John Road in Sutton [CRV leases the property to industrial and commercial tenants]. CRV operates an unapproved public water supply well on-site. The company has now agreed to an enforceable schedule for the development of a compliant public water supply well to serve the facility. Today's Order requires CRV to operate the on-site well in accordance with the requirements for a public water supply, submit the appropriate permits to MassDEP for approval and complete any required upgrades to the well and protective area around the well (Zone I).

6/9/06: MassDEP executed a Consent Order with Robert and Ronald Richard for Water Supply violations at 4 Worcester-Providence Turnpike in Sutton. The Richards own the property, which they lease to a Honey Dew franchise (serving food and beverages). The Richards operate an unapproved public water supply well on this property. Under today's Order, the Richards have agreed to an enforceable schedule for the development of a public water supply well to serve the facility using the on-site well in accordance with the requirements including the submittal of permit applications subject to reviewed and approval. In addition, the Richards agree to complete any required upgrades to the well and establish the protective area around the well (Zone I). A landscaping operation located within the Zone I of the water supply source has been removed as part of these requirements.

6/9/06: MassDEP entered into a Consent Order with Whitinsville Water Company in Northbridge to ensure continued compliance with Water Supply regulations. Today's Order establishes an enforceable schedule for permitting and construction of a treatment facility for the system's wellfield in Sutton. In November of 2005 MassDEP issued a Notice of Determination to the Company informing them that based on review of test results, the Sutton Wellfield is a groundwater source that is under the influence of surface water and requires treatment to assure the quality of water being distributed to the companies customers. Today's Order requires additional testing of the wellfield to determine if it requires treatment for groundwater under the influence as well

6/9/06: MassDEP issued a boil order to Gill General Store, a food service and retail establishment in the Town of Gill. The store functions as a (transient) public water system; preliminary results indicate improper disinfection following recent work on the well. The facility's certified water operator is required to disinfect and flush the entire water system; and, to collect repeat samples, and report the results to MassDEP and the local board of health.

6/9/06: MassDEP Commissioner Robert W. Golledge, Jr. approved a final settlement regarding Patriots Environmental of Ludlow. An inspection by MassDEP in February 2004 found Air Quality (Asbestos) violations by Patriots Environmental in Holyoke. After failing to reach a negotiated settlement a Penalty Assessment Notice was issued for $27,575 in August 2005 and appealed by the company. In addition to today's $4,000 Penalty, the settlement includes an agreement by Patriots Environmental to perform a $15,000 Supplemental Environmental Project in which the removal of asbestos will be conducted for the City of Holyoke. MassDEP agreed to suspend $8,575 pending a one-year probationary period.

6/9/06: MassDEP entered into a Consent Order with a $3,250 Penalty involving Charter Medway III, LLC, a realty and development company Waste Site Cleanup violations. Specifically the company conducted cleanup actions at 67 Main Street in Medway before notification to MassDEP, and failed to notify MassDEP within the established deadline of the release of oil at the site. In October 2005, Charter Medway III, LLC excavated and stockpiled approximately 500 cubic yards of oil-contaminated soil. The soil removal occurred as part of the construction and development at the property. The company provided notification of this oil release to MassDEP in November 2005, approximately one month after conducting the soil excavation. In addition to the Penalty, the company submitted its plan to complete the soil removal.

6/9/06: MassDEP executed a Consent Order to Duncan and Heather Stewart, owners of The Oakham Country Day School in Oakham to ensure compliance with Water Supply regulation. Today's Order provides an enforceable schedule to develop an approved public water supply at their facility. The schedule outlines monitoring and permitting requirements for the existing on-site well. The owners will also determine if a new well with a sufficient protective zone one can be sited on the property. The Stewarts have agreed not to expand the facility beyond the current use requirements if a new well cannot be developed.

6/9/06: MassDEP entered into a Consent Order with A $2,500 Penalty involving Sotorios Tseremes for Waste Site Cleanup violations at a former gas station in Oxford. Tseremes, of Southbridge, purchased the property and was attempting to redevelop it into a small strip mall. During redevelopment, a gasoline underground storage tank was removed that required notification. No notification was submitted. In addition to the Penalty, Tseremes will hire a cleanup contractor, an LSP, and proceed with cleanup in compliance with the regulations.

6/9/06: MassDEP entered into a Consent Order with a $7,000 Penalty involving Neil Kauppila and Blair Enterprises for Wetlands violations at Pleasantdale Estates in Rutland. The parties are involved in the development of a residential subdivision in which Kauppila, the contractor and Blair Enterprises, the owner, were found to be in violation due to erosion and sedimentation to wetlands. Today's Order requires Kauppila and Blair to implement improved erosion controls and to develop a wetlands restoration plan for approval.

6/9/06: MassDEP entered into a Consent Order with James and Mary Jane Fitzpatrick, owners of Sutton Medical Building at 188 Worcester-Providence Turnpike in Sutton, to ensure compliance with Drinking Water Regulations. Today's Order establishes a schedule for the development of a compliant public water supply well to serve the facility. The Fitzpatricks will be allowed to continue use of the existing, unapproved water supply on site under a monitoring and maintenance plan until the new well is installed and on-line.

6/8/06: MassDEP issued a Unilateral Administrative Order to Northern Pelagic Group, LLC of New Bedford due to violations of the Massachusetts Clean Water Act and Surface Water Discharge violations at its fish processing and distribution facility in New Bedford. Today's Order requires the facility to cease all un-permitted discharge of pollutants to the Acushnet River and submit an application for a permit to MassDEP and the federal EPA for future discharge of pollutants to the Acushnet River. During February, March and April 2006, the Department received several complaints regarding discharges to the Acushnet River from NORPEL. The discharge was documented with photos by personnel from the City of New Bedford and environmental officials and led to the issuance of a cease-and-desist order. On 5/4/06, MassDEP conducted a site inspection of the facility along with city personnel; the inspection and review of local and Department records revealed violations of the federal Clean Water Act, the Massachusetts Clean Waters Act, and the Massachusetts Surface Water Discharge Permit Regulations.

6/8/06: MassDEP issued a Unilateral Administrative Order to TruGreen Landcare LLC for Wetlands violations at the company's business property in Westborough The company failed to file a Notice of Intent or obtain any permits. Today's Order requires TruGreen LandCare to cease further filling and to hire a Wetlands Specialist to evaluate the impacts and prepare a restoration plan.

6/7/06: MassDEP entered into a Consent Order with a $3,000 Penalty involving Chuckran Auto Parts, Inc. of Bridgewater for Hazardous Waste and Wetlands violations. Inspections by MassDEP in March 2006 at Chuckran, an auto salvage/junk yard found the violations; the Hazardous Waste violations were corrected shortly after the first inspection and today's Order establishes an aggressive schedule for replicating the wooded swamp wetlands.

6/7/06: MassDEP executed a Consent Order with ITW TACC at 56 Air Station Park in Rockland for Waste Site Cleanup violations. On 6/6/05 at 7:30 a.m. ITW TACC had a release of approximately 500-pounds of adhesive containing Acetone, Hexane and Toluene at 7:30 a.m. but did not report the release to MassDEP until 11:00 a.m. While the release was addressed, failure to timely report the release to MassDEP constituted a violation.

6/7/06: MassDEP entered into a Consent Order with a $23,000 Cumberland Farms for multiple Air Quality violations at ten (10) gasoline fueling stations. The company primarily failed to submit annual certification forms for Stage II (vapor recovery) systems. Cumberland Farms will pay $12,500 within 30 days with the remaining $10,500 suspended, provided the company complies with the annual in-use testing and certification requirements, for each of its stations, for one year. Today's Order also sets graduated stipulated penalties for any such future violations. Previously, MassDEP had issued Notices of Noncompliance for similar violations at 31 stations. As a result of this enforcement, the company has modified its internal procedures and will test and certify its Stage II systems every 11 months, to ensure compliance.

6/7/06: MassDEP has entered into a Consent Order with a $3,934 Penalty involving the owners of Dairy Mart, at 430 Union Street in Randolph for Waste Site Cleanup violations. Cyclops Investment Trust owns the site, a former gasoline station, which in 1999 reported to MassDEP that an environmental assessment of the property had determined underground storage tanks released oil to the environment. Cyclops retained a consultant and completed some preliminary work at the site, but none since July 2000. In October 2005, MassDEP issued a Notice of Noncompliance for failing to conduct response actions at the Site in a timely manner. In addition to the Penalty, today's Order establishes a timeline for completing the cleanup. Cyclops has also agreed to conduct a Supplemental Environmental Project involving an $11,790 contribution to the MassEnvironmental Trust

6/6/06: MassDEP issued an $800 Penalty Assessment Notice to Vincent Trucking Company for Waste Site Cleanup violations on Route 5 in West Springfield. The company, which is located in Agawam, failed to submit cleanup reports on a spill of hydraulic fluid. The site was identified as part of the Tier ID enforcement initiative. The spill to pavement occurred in July 1994; Vincent Trucking responded and initiated cleanup, but failed to submit documentation to MassDEP. The firm that handled the cleanup is no longer in business. MassDEP inspected the site and contacted former employees of the firm who were present at the cleanup to confirm that response actions had been taken. MassDEP will administratively close out the site upon receipt of payment.

6/6/06: MassDEP entered into a Consent Order with The Eileen C. Burke Irrevocable Trust for Wetlands violations on Salisbury Beach in Salisbury. The violation included unpermitted mechanical removal of wind-blown sand accumulated around a structure that resulted in alteration to a Coastal Dune.
The Trust agreed to fully comply with the required Wetlands notification and approval process, and MassDEP agreed to suspend the Penalty.

6/2/06: MassDEP entered into a Consent Order with an $18,400 Penalty involving Kingsbury Summer Street, LLC and The Bog, LLC Kingston for Water Pollution (septic system) violations. The parties conducted unauthorized modifications to a large Title 5 septic system during a gravel removal operation. In addition to the Penalty, today's Order allows for repair and modification to the system as authorized through the proper permitting process.

6/2/06: MassDEP entered into a Consent Order with a $2,602 Penalty involving Williams College for Waste Site Cleanup violations at its facility in Williamstown. The College failed to notify MassDEP within two hours of a release of 90-130 pounds of ammonia at its Lansing-Chapman hockey rink. On 1/16/06, ammonia vapors were detected at 9:40 PM due to a malfunction of refrigeration equipment. Five dormitories were ultimately evacuated as a precautionary measure. MassDEP was not notified of the release until the following morning. In addition to the Penalty, Williams College has agreed to perform a Supplemental Environmental Project whereby the College will provide hazardous materials emergency response training for the local school systems, Williamstown Fire Department and Williamstown Department of Public Works, and sponsor a mercury collection day for Williamstown residents. The College will also provide mercury cleanup kits to the Williamstown Fire Department, and provide a specialized mercury cleanup vacuum and spill kits to the Department of Fire Services District V Hazardous Materials team based in Pittsfield.

6/2/06: MassDEP entered into Consent Order with a $2,250 Penalty involving Lowell General Hospital for Hazardous Waste Management and Air Quality violations. The hospital was found to be operating out of status as a small quantity generator of hazardous waste and failing to pay proper compliance fee amounts since 2002. Other violations cited as the result of a multi-media inspection on 1/19/06 include: failing to comply with all provisions of its air permit (restricting emissions); inaccurate completion of its emission statement for calendar years 2001 through 2004; as well as one instance of exceeding the allowable opacity (visible emissions). In addition to the Penalty, the hospital will correct the violations and submit a proposed plan to revise its air quality equipment and limit the sulfur content in its boiler fuel oil to one percent. Assuming current fuel oil usage, the sulfur content limitation will result in an estimated reduction in emissions sulfur dioxide to the atmosphere of 38 tons per year.

6/1/06: MassDEP entered into a Consent Order with an $18,800 Penalty involving JEMS of New England, Inc. for Waste Site Cleanup violations in Athol. JEMS failed to notify MassDEP of a condition of substantial release migration, failed to conduct Immediate Response Action, and failed to meet the performance standards for a remedy-operation status (ROS). In November 2003, JEMS filed a ROS submittal that concluded no substantial hazard was present because there was no exposure to the gasoline contamination. In December 2003, JEMS sampled indoor air in nearby residences and detected low concentrations of gasoline constituents but failed to notify MassDEP. A MassDEP audit in February 2005 found the violations and notified JEMS to conduct the response actions.

6/1/06: MassDEP entered into a Consent Order with a $39,000 Penalty involving George Moore and Anita Moore for Waste Site Cleanup violations at 225A Walnut Avenue in Roxbury. Specifically, the violations were for failure to submit an Immediate Response Action (IRA) Status Report within the deadline established by MassDEP in a Notice of Noncompliance on 1/14/05. New deadlines have been established including an IRA Status Report by 7/14/06; a supplemental IRA Status Report by 8/30/06. By 5/30/07, additional report on the status of the cleanup is also due. MassDEP agreed to suspend $28,500 of the Penalty pending compliance with all terms of the Order.

6/1/06: MassDEP entered into a Consent Order with James Dachos, the former operator of a dry cleaners in South Hadley at 501 Newton Street. The site was first listed with MassDEP in March 1989 due to the detection of dry cleaning solvents (PCE) in the soils and groundwater on-site. After a remedial (Class C RAO) solution was submitted, MassDEP reviewed the data indicating that limited, if any, natural attenuation of PCE occurred over the last 14 years. MassDEP's audit subsequently resulted in the retraction of the RAO and the implementation of proactive response actions. Today's Order memorializes deadlines to complete response actions, or requires that Dachos submit documentation to support a claim of financial inability. Future noncompliance will result in stipulated penalties. The current property owners were sent Interim Deadline letters for the continuation of response actions.

May

5/31/06: MassDEP has entered into a Consent Order with a $100,000 Penalty involving Bouchard Coastwise Management Corp, a New York-based company that ships thousands of barrels of oil through Massachusetts' waters due to barge transits of Buzzards Bay that were not accompanied by a tug escort, as required by a law aimed at protecting the bay's natural resources. Bouchard Coastwise Management Corp. of Melville, N.Y. was found to have violated the Massachusetts Oil Spill Act nine times between 2/8/06 and 3/9/06 each time barging at least 6,000 barrels of oil through Buzzards Bay and not using a tug escort. Bouchard Coastwise Management is a sister corporation to Bouchard Transportation, Inc., which was found responsible for spilling up to 98,000 gallons of oil in Buzzards Bay on April 27, 2003. The spill polluted 100 miles of coastline, closed shellfish beds for months, and killed hundreds of migratory birds.

5/31/06: MassDEP executed a Consent Order with a $5,175 Penalty involving ABC Disposal Services, Inc. of New Bedford for Waste Site Cleanup violations. A release on 8/19/05 at ABC Disposal of twenty gallons of diesel fuel was not reported; such incidents require notification to MassDEP within two hours. MassDEP received a Response Action Outcome (RAO) in December 2005, which stated that the waste generated from the cleanup of the release was placed in two15-gallon pails, covered and transported to SEMASS for disposal. No bill of lading was provided, which is a requirement for such shipments under state regulations.

5/31/06: MassDEP issued a $56,750 Penalty Assessment and a Unilateral Order to Katrina Properties, Inc. for Waste Site Cleanup violations at 27 Katrina Road in Chelmsford. MassDEP has determined that an Immediate Response Action (IRA) is necessary at the site. Previously, MassDEP issued a Notice of Responsibility on 11/18/98 to Silicon Transistor Corporation (now Katrina Properties, Inc.) due to the discovery of volatile organic compounds in soil and groundwater at the property. MassDEP then issued a Notice of Noncompliance (NON) on 4/21/04 for failure to submit reports and perform testing as required. MassDEP issued a second NON on 4/4/05 for failure to submit - as required - a final outcome statement within five years of this site's initial cleanup permit. MassDEP issued a third NON on 4/2705 for failure to conduct monitoring and submitting information. Katrina has failed to submit documents required by the previous NONs and failed to attend a scheduled Enforcement Conference. Katrina has a pending deadline of 11/23/06, and its IRA should include an assessment of the condition of substantial release migration at the site, requiring the submittal for a Tier I Permit Extension.

5/31/06: MassDEP entered into a Consent Order with Poirier & Ware Heat Treating Co., Inc. of Wrentham and Richard R. Erricola Co., Inc. the Assignee for the Benefit of Creditors of Poirier to address Hazardous Waste Management, Industrial Wastewater, Air Quality and Toxics Use Reduction Act violations. An inspection in 2004, resulted in the MassDEP issuing a Unilateral Order and Penalty for violations associated with the accumulation of greater than 1,000 kilograms (250 gallons) of hazardous waste and waste oil onsite, industrial wastewater discharges to the ground, failure to submit Toxics Use Reports and annual compliance fees for anhydrous ammonia use in 2000, 2001 and 2002. Since that time, the Penalty was turned over to Delta Management Associates, Inc. for debt collection and settled on April 24, 2006, with payment of $22,000. Today's Order, however, addresses the unresolved compliance issues.

5/30/06: MassDEP has entered into a Consent Order with a $25,000 Penalty involving Phillips Enterprises in Northampton for Hazardous Waste Management, Air Quality and Industrial Wastewater violations. Phillips will correct the violations and agreed to an $8,000 Supplemental Environmental Project, i.e. to fund Pioneer Valley Planning Commission's Voluntary Vehicle Recycling Program. MassDEP has agreed to suspend $21,000 of the Penalty for one year pending compliance with the Order.

5/30/06: MassDEP has entered into a Consent Order with a $1,380 Penalty involving Accellent Orthopedics in Brimfield for Hazardous Waste Management violations. Following the inspection by MassDEP, the company quickly corrected the violations and returned to compliance.

5/26/06: MassDEP entered into a Consent Order with a $16,050 Penalty involving Seaver Construction for Air Quality (Asbestos) violations at 74 Columbia Road in Watertown. Seaver, which is located in Woburn, will pay $8,700 dollars with $7,350 suspended pending compliance for one year.

5/27/06: MassDEP entered into a Consent Order with an $8,875 Penalty involving LXU Healthcare Inc. (d/b/a Luxtec Coroporation) in West Boylston for Hazardous Waste Management and Air Quality violations. The company self-reported that it had improperly disposed of leaded glass rods. In addition, the company noted that it needed to apply for and obtain a permit regarding its air emissions. In addition to the Penalty, today's Order requires the company to implement an Environmental Management System.

5/26/06: MassDEP entered into a Consent Order with THS Auto, LLC, for Waste Site Cleanup violations at 325 Ralph Talbot Street in Framingham. Specifically, the violations were due to failure to achieve a Response Action Outcome (RAO) or Remedy Operation Status (ROS) within the deadlines established in an amended Notice of Noncompliance issued by MassDEP on 8/23/05. New deadlines have now been set in today's Order that will return the site to compliance with the submittal of an RAO or ROS by 6/1/07.

5/26/06: MassDEP issued a Unilateral Administrative Order to James M. Killion and Killion Brothers Excavating Enterprises for Wetlands violations at 35 Beech Street in Tewksbury. Today's cease-and-desist Order covers all work within the wetlands jurisdiction, except related to the temporary stabilization of the site. In response to a telephone complaint, MassDEP inspected the site located on the Shawsheen River during flooding conditions and observed piles of fill and two large pieces of equipment partially submerged in "Bordering Land Subject to Flooding" and "Riverfront Area" Killion was instructed to remove the equipment from the water and wait for waters to recede and another inspection could take place. MassDEP later determined more work had taken place since the flood including construction of an earthen berm planted with small trees partially within the Bordering Vegetated Wetland. Additional enforcement discussions are expected. 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.

5/26/06: MassDEP entered into a Consent Order with a $1,720 Penalty involving RC Silk Screen, Inc. of Boston for failing to submit its compliance certification for printers. RC Silk Screen failed to file for the years 2004 and 2005. MassDEP agreed to suspend the entire Penalty pending compliance for one year.

5/26/06: MassDEP executed a Consent Order with a $30,000 Penalty involving Todesca Equipment Company, Inc. for Waste Site Cleanup violations at its 19-25 Laneville Terrace property in Boston (Roslindale). Todesca failed to achieve a final cleanup - i.e., Response Action Outcome (RAO) or Remedy Operation Status (ROS) - within the deadlines established in a Notice of Noncompliance issued by MassDEP on 7/21/05. Deadlines have now been set to bring the site into compliance by 11/30/06. MassDEP has agreed to suspend $24,000 of the Penalty provided all terms of the Order are met.

5/26/06: MassDEP entered into a Consent Order with Clean Realty Trust for Waste Site Cleanup violations at 1181-1183 Worcester Road in Framingham. Specifically, the Trust failed to achieve a Response Action Outcome (RAO) or Remedy Operation Status (ROS) within the deadlines established in a Notice Of Noncompliance issued by MassDEP on 1/26/06. Deadlines have now been set to return to compliance by 7/30/07. Clean Realty Trust has agreed to pay a stipulated penalty of $1,000 per day to be if it fails to meet all the requirements.

5/25/06: MassDEP entered into a Consent Order with a $23,568 Penalty involving the town of Stoughton, the Page Street Landfill and T.W. Conroy for Solid Waste violations. The town had hired T.W. Conroy to operate at the landfill where during re-development an excess of grading and shaping materials was brought. As a result, landfill-capping dates were missed and the landfill was not properly maintained to avoid storm water management and erosion issues.

5/22/06: MassDEP entered into a Consent Order with a $12,560 Penalty regarding Res/Com Builders and Developers of Chelmsford for Air Quality (Asbestos) violations in Tewksbury. MassDEP determined Res/Com improperly conducted a removal of asbestos-containing material during renovation of a Keyspan facility at 50 Chapman Road in Tewksbury. Res/Com has agreed to attend two-day "Asbestos Associated Project Worker" training within 180 days. Under MassDEP's small-business policy, $11,560 of the Penalty is suspended pending compliance for one year.

5/22/06: MassDEP entered into a Consent Order with a $4,000 Penalty involving James D. O'Brien, a Licensed Site Professional (LSP) for making false, inaccurate and/or misleading statements in a report concerning the extent of oil contamination at a property at 76 Arsenal Street in Watertown. O'Brien failed to fully identify the extent of contamination in soils and groundwater at the site, potentially resulting in the exposure of future site occupants to contaminants in soil and indoor air. MassDEP alleged that a report bearing O'Brien's signature and license seal contained false, inaccurate and misleading information and O'Brien misled the property owners and others who might need to rely on the report when he certified that the site investigation met regulatory standards and was thorough and complete.

5/19/06: MassDEP entered into a Consent Order with a $9,928 Penalty involving Ocean Point Management Trust in Plymouth for Water Pollution Control violations. The Trust failed to correct deficiencies in their wastewater treatment facility within the deadlines established in a Notice of Noncompliance issued by MassDEP on 11/2/05. New deadlines have now been set to return the facility to compliance.

5/19/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Saraceno Development LLC of Berkley for Wetlands violations. MassDEP determined that Saraceno allowed the erosion of silt into a wetland at the site of a residential subdivision development in Berkley, which affected approximately 2500 square feet. The failure occurred due to inability to adequately maintain erosion control barriers, which had been a requirement of the order allowing the work to proceed. Saraceno has subsequently repaired the barriers.

5/18/06: MassDEP reached a settlement with National Cleaning Company of Peabody for Air Quality (Asbestos) violations. National Cleaning had appealed a $142,900 Penalty Assessment Notice issued by MassDEP alleging financial inability. Today's settlement requires National Cleaning to pay $5,000 of the Penalty, with the balance ($137,900) suspended pending compliance over a two-year period.

5/18/06: MassDEP entered into a Consent Order with a $25,885 Penalty involving 58 Realty Trust for Waste Site Cleanup violations at 62 Broadway in Methuen. The Trust violated the terms of an Activity and Use Limitation that had been recorded regarding the site. Today's Order establishes a schedule for the completion of necessary response actions by the Trust in order to bring the site back into compliance. MassDEP agreed to suspend $15,000 of the penalty provided all terms of the Order are met.

5/18/06: MassDEP entered into a Consent Order with an $8,050 Penalty with Yankee Atomic Rowe in Rowe for violations of a 401 Water Quality Certificate. The plant self-reported the violations, during the fall of 2005 after ongoing construction at the site without proper erosion and sedimentation controls resulted in a number of discharges of turbid muddy water to sensitive resource areas. Yankee Atomic Rowe has subsequently undertaken various physical and procedural improvements to its erosion control plan.

5/17/06: MassDEP entered into a Consent Order with a $15,050 Penalty involving Rick Fingerman for Air Quality (Asbestos) violations at 26 Silk Street in Arlington. Fingerman, who owns the property, was cited for improper removal practices and failure to notify MassDEP prior to asbestos removal. MassDEP utilized the owners' homeowner policy, and agreed to suspend $10,550 of the Penalty provided there are no additional violations for one year.

5/17/06: MassDEP entered into a Consent Order with a $26,000 Penalty involving GGNSC Cohasset LLC of Cohasset for Water Pollution Control violations at Cohasset Knoll Nursing Home in Cohasset. MassDEP determined the facility violated its groundwater discharge permit by exceeding the amount of flow. GGNSC Cohasset LLC has agreed to investigate the excessive infiltration into the collection system from surrounding groundwater and develop a plan and schedule to repair any identified sources of infiltration. Thereafter the system will be reevaluated and further repairs may be deemed necessary.

5/16/06: MassDEP executed a Consent Order with the town of Rockport for Water Supply violations. MassDEP's review of drinking water quality monitoring reports, determined that Rockport had not removed a sufficient amount of disinfection byproduct pre-cursers, compounds that combined with disinfectants like chlorine to create disinfection byproducts, from the water treated at its Cape Pond Water Treatment Plant. As part of the consent order, Rockport will be developing a corrective action plan to prevent future non-compliance. It is expected that the plan will include modifications to its monitoring program to make the monitoring program more robust and capable of catching erroneous data and problems with removal earlier in the monitoring period.

5/11/06: MassDEP entered into a Consent Order with a $6,845 Penalty involving Yeuell Nameplate & Label of Woburn for Hazardous Waste Management violations. Yeull was found to be operating out-of-status, i.e., registered, as a small quantity generator of hazardous waste but was instead a large quantity generator. The Penalty includes back fees owed.

5/10/06: MassDEP entered into a Consent Order with a $7,905 Penalty involving Aotco of Billerica for Hazardous Waste Management violations. The electroplating company, Aotco was found to be operating out-of-status, i.e., registered, as a small quantity generator of hazardous waste but was instead a large quantity generator. The Penalty amount includes back fees for the years 2004, 2005 and 2006.

5/9/06: MassDEP executed a Consent Order with a $3,000 Penalty involving LeBaron Residential LLC for Wetlands violations in Lakeville. LeBaron is the developer of residential condominiums in Lakeville. LeBaron did not properly maintain their erosion control barriers and sediment had eroded into the adjacent wetlands during a storm event. LeBaron took prompt action to correct the situation after MassDEP notified them of the violation.

5/9/06: MassDEP entered into a Consent Order with an $8,750 Penalty involving Middleboro Recycling, Inc. (MRI) and Walt W. Zion Used Auto Parts, Inc., for violations involving Hazardous Waste Management, Air Pollution Control, Wetlands and Surface Water Discharge regulations. MRI - an automobile salvaging and metal recycling facility - and Zion - an automobile used parts facility - are located at the same site in Middleborough. Following a fire at the site, MassDEP conducted site inspections during 8/04 and determined the violations. Based upon discussions between MRI and MassDEP, the owner proposed to revamp the facility and modernize its operations. MassDEP has worked with MRI for over one year during the research, design and development process to initiate local permitting for a proposed new facility. In the interim, MRI has worked with MassDEP to develop and implement short-term measures in order to manage the facility's regulated waste streams. Pending the necessary local approval, MRI has under today's Order, agreed to the construction of a new facility which will implement short- and long-term measures to remediate the wetland impacted by silt (runoff) and ensure proper management of oil and hazardous waste as well as proper operation of the furnace. In addition to the Penalty, MRI and Zion have agreed to conduct two Supplemental Environmental Projects (SEPs). Under these Projects, short- and long-term measures will result in a significant change in the operation of the facility. MRI will implement a state-of-the-art facility for processing junk vehicles in order to maximize the capture and recycling of hazardous and non-hazardous components of these vehicles.

5/9/06: MassDEP has assessed a $32,275 Penalty involving Thomas Payne for Air Quality (Asbestos) violations in Westborough that occurred during the removal of asbestos-containing siding from his residential property located at 25 Elm Street in Westborough. MassDEP inspectors identified the violations in April 2005 during an inspection that found the material had been removed without notification, and the required handling, packaging and disposal procedures. Payne was required to hire a licensed asbestos contractor to decontaminate all impacted areas of the property. MassDEP suspended all but $2,500 of the Penalty provided Payne does not have repeat violation for one year.

5/8/06: MassDEP entered into a Consent Order with South Hadley Water District #1 for Water Supply violations, specifically a disruption of corrosion control treatment that resulted in lead and copper levels exceeded Action Levels. The District will closely monitor operations during the remainder of 2006, as well as comply with other requirements of the lead and copper rule.

5/8/06: MassDEP entered into a Consent Order with a $6,500 Penalty involving Turnpike Road Realty Partners of Rowley (d/b/a Yankee Village Route 1 in Rowley) for Water Supply violations. The facility had agreed to connect to town water and discontinue the use of a well, but had failed to do so. The facility has now connected to the town of Rowley's public water supply system.

5/8/06: MassDEP issued a Unilateral Administrative Order to Berkshire Park Camping Area for Water Supply violations in Worthington, specifically, a failure to conduct necessary bacteria tests under the oversight of a certified operator, and failure to replace its source or demonstrate it is exempt from the Surface Water Treatment Rule. The order requires that the facility no longer operate as a public water system. The local board of health in Worthington has been informed and is cooperating with its oversight of the facility.

5/6/06: MassDEP - working with the state's Attorney General's Office - today assisted in the filing of a civil complaint in Essex Superior Court involving Cedardale Inc., a recreational facility located in Haverhill. After learning of a fish kill in August, 2004, the Environmental Strike Force (comprised of MassDEP, State Police and the AG's office) developed a case against Cedardale, Inc. for the alleged unlawful discharge of chlorine treated water into a storm drain that discharged into a tributary of the Merrimac River. Previously, a civil action was brought against Cedardale in September 2002, for a chlorine discharge that caused a fish kill.

5/5/06: MassDEP issued a Unilateral Administrative Order to Mary Violet for Wetlands violations in Lunenberg. Violet is the trustee of Sunshine Realty Trust, which MassDEP determined had dredged over an acre of wetlands for construction of a farm pond without permit. Today's Order requires Sunshine Realty to cease further dredging and to prepare a restoration plan within 60 days. Additional enforcement action is anticipated.

5/5/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving the town of Sturbridge for Solid Waste violations. MassDEP found the town failed to maintain the landfill cap, failed to conduct environmental monitoring at the landfill. In addition, at the town's transfer station, MassDEP found improper management, improper handling of hazardous waste and lack of storm water controls. The town has agreed to correct the violations, establish systems for tracking and managing environmental compliance activities and conduct training for town employees.

5/4/06: MassDEP entered into a Consent Order with General Motors Corporation relative to Waste Site Cleanup violations at 63 Western Avenue in Framingham. Specifically, violations were for failure to achieve a final response outcome within the deadlines established in a Notice of Noncompliance issued by MassDEP on 8/23/05. Deadlines have now been set in the ACO to return to compliance with the submittal of a final outcome no later than 1/31/07.

5/4/06: MassDEP entered into a Consent Order with a $55,000 Penalty involving Verc Enterprises and Pauleo LLC for Water Supply violations in Boxborough. Pauleo owns - and Verc operates - the gas station and convenience store located at 1425 Massachusetts Avenue in Boxborough where they operated an unregistered public water supply that served the gas station, convenience store and a Dunkin Donuts. Under today's Order, Pauleo/Verc have agreed to a schedule for the development of a new, compliant water supply source at the facility to meet regulatory requirements, including a comprehensive water testing and monitoring plan in order to allow use of the existing, non-compliant source during development of a new well. A portion of the Penalty, $41,250, will go towards a Supplemental Environmental Project (SEP) to help the town of Boxborough with locating and permitting a new municipal public water supply. The remaining $13,750 of the penalty will be paid to the Commonwealth of Massachusetts.

5/3/06: National Cleaning Company, a Massachusetts licensed asbestos removal contractor in Peabody signed a consent agreement with the Mass Dept of Labor and Workforce Development (DLWD). Under the Order, National Cleaning Company will be on probation with DLWD for six months. During the six-month period, National Cleaning will contact DLWD 24 hours prior to the commencement of any work, based on the actual start time at the job site. DLWD and DEP hope to utilize this information to coordinate inspections of the contractor during actual abatement activities. This action was taken by DLWD at the request of MassDEP, which determined during an investigation that National Cleaning had failed to submit notification regarding 49 job sites. (See related enforcement 5/18/06)

5/3/06: MassDEP issued a Unilateral Administrative Order to Ronald and Donna Cerasulo for Solid Waste and Air Quality (Asbestos) violations in West Bridgewater. MassDEP issued the cease-and-desist order after an inspection on of the Cerasulos' residential property at 551 Walnut Street in West Bridgewater Today's Order requires the Cerasulos to cease bringing solid waste, hazardous waste or asbestos waste to the Site, and to properly wet the asbestos shingles and cover them as a short term measure. Further enforcement actions for the site cleanup will be required.

5/2/06: MassDEP entered into a Consent Order with a $15,050 Penalty regarding Johnstone Builders for Air Quality (Asbestos) violations in Milton. MassDEP determined the violation at the small business located at 256 Elliot Street in Milton during a response to a complaint from the Milton Building Department. Under MassDEP's small-business policy, $14,050 of the Penalty is suspended for one year.

5/2/06: MassDEP entered into a Consent Order with a $43,938 Penalty regarding Charles R. Wilmot of Auburn for Air Quality (Asbestos) in Worcester. An inspection by MassDEP determined that Wilmot, a home-improvement contractor working at multi-family residential property in Worcester, was not removing, storing or disposing of asbestos-containing material in compliance with state regulations. Based upon demonstration of financial hardship, MassDEP agreed to suspend the Penalty provided no further violations of the asbestos regulations by Wilmot occurred for one year.

5/2/06: MassDEP entered into a Consent Order with a $19,312 Penalty regarding Dudley Services, Inc. of Arlington for Air Quality (Asbestos) violations at Harrington Memorial Hospital in Southbridge. Dudley is a licensed asbestos contractor; MassDEP agreed to suspend $16,312 of the Penalty based on the company's demonstration of financial hardship conditions, provided Dudley does not have any further violations of the asbestos regulations for one year.

5/2/06: The Division of Administrative Law Appeals (DALA) issued a recommended final decision in favor of MassDEP's Motion for Summary Decision. A Westfield property owner, Boisvere, has appealed a MassDEP order to cease and desist from using a septic system and to decommission the system. The Superior Court has already ruled in favor of MassDEP's summary judgment motion in a related case denying a tight tank permit for this site.

5/2/06: MassDEP entered into a Consent Order with Small Wonders Daycare of Athol for Water Supply violations. Small Wonders, as a public water system, has agreed to a schedule to address concerns with maintaining the system in order to ensure compliance with all applicable regulations.

5/1/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Motiva Enterprises, Inc. for Waste Site Cleanup violations in Framingham. Motiva owns the property at 846 Concord Street in Framingham where a failure to achieve a final cleanup outcome within a previously established deadline (per MassDEP's Order on 1/28/05). Now, in addition to the Penalty, today's Order establishes a new deadline to return the site to compliance with the submittal of final cleanup outcome no later than 6/29/07.

5/1/06: MassDEP issued a $1,500 Demand Letter to Brookside Village in Wales, for a previously suspended Penalty. Brookside violated an existing Consent Order it had entered into with MassDEP. Those violations were due to the discharge of water by Brookside from a water tanker to the wellhead and failure to secure the wellhead.

April

4/28/06: MassDEP entered into a Consent Order with a $15,290 Penalty regarding Yola Esther Development LLC for Wetlands violations at a sub-division project in Pittsfield. The company had been penalized $2,600 for associated violations at the same site in 2003. The violations related to the construction of a road across a stream and associated bordering vegetated wetlands. In addition to the Penalty, the site must be restored.

4/27/06: MassDEP entered into a Consent Order with 4227 Acushnet Avenue Trust of New Bedford for Waste Site Cleanup violations. The Trust owns the parcel at 4227 Acushnet Avenue and failed to comply with a previous Notice of Noncompliance issued by MassDEP, which identified waste-site cleanup violations, specifically recording the necessary documentation relative to Activity and Use Limitation on the property. A sixty-day deadline had been established but prior to the expiration of that deadline, the Trust requested additional time. Today's Order establishes a deadline for recording and correcting the violations.

4/27/06: MassDEP entered into a Consent Order with a $6,000 Penalty involving F. M. Kuzmeskus, Inc., of Gill. MassDEP inspected the company's Gill facility on 8/8/05 revealed that the company was discharging vehicle wash water to the ground, operating a motor vehicle fuel dispensing system that did not have the required vapor recovery and collection system, burning waste oil in a boiler, and additional hazardous waste management requirements (missing signs, labels on containers of waste oil, while not clearly delineating areas where containers of waste oil were being stored. The company initiated corrective action immediately after the inspection and cooperated to address the noncompliance issues at its facility. MassDEP agreed to suspend $3,000 of the Penalty if the company remains in compliance for one year.

4/27/06: MassDEP entered into a Consent Order with a $3,000 Penalty involving the City of Springfield Parks Department for Hazardous Waste Management and Air Quality (vapor recovery) violations. MassDEP inspected the facility after the city failed to respond to Stage II enforcement actions previously issued. MassDEP has agreed to suspend the Penalty if the city remains in compliance for one year.

4/27/06: MassDEP entered into a Consent Order with a $53, 938 Penalty involving Charles Wilmot, a home improvement contractor, for Air Quality (Asbestos) violations at a work site in Worcester. Due to financial hardship information provided by Wilmot, MassDEP agreed to suspend the Penalty provided Wilmot remain in compliance with state's air regulations.

4/27/06: MassDEP entered into a Consent Order with Kevin and Barbara Harrington, owners of Town Line Variety in Rutland due to Water Supply violations. Today's Order includes a schedule for submittal of monitoring and permitting requirements for the site's existing - but not permitted - water supply well. The owners have agreed not to expand the facility beyond the current use requirements and to upgrade the well to current construction standards. Septic system issues at the site will also be addressed.

4/27/06: MassDEP entered into a Consent Order with a $19,312 Penalty regarding Dudley Services, Inc. of Southbridge for Air Quality (Asbestos) violations. In December of 2004, MassDEP personnel conducted an inspection of an asbestos removal project at the Harrington Hospital in Southbridge. MassDEP staff observed that the Dudley failed to submit notification of the asbestos removal they were conducting; failed to adequately seal the work area; failed to adequately wet asbestos waste material; and, failed to use the required air filtration equipment while conducting the asbestos removal. MassDEP suspended $16,311 of the Penalty based on the Company's satisfactory demonstration of the existence of financial hardship, and provided the company does not have asbestos violations for one year.

4/27/06: MassDEP issued a Unilateral Order to Mountainside Corporation due to the Wetlands violations in Berlin. MassDEP's Order requires Mountainside to cease further construction of a pond through dredging wetlands without any permits. In addition, Mountainside must hire a Wetlands Specialist to evaluate the impacts and prepare a restoration plan.

4/26/06: MassDEP entered into a Consent Order with the town of Salisbury for Wetlands violations. MassDEP using aerial photography discovered the violations as part of the Wetland Change Project. The site of the violation is owned by the town and is contiguous to the old town landfill. Over many years, various parties have subjected the site to the deposit of junk and filling. This un-permitted activity resulted in 20,000 square feet of Bordering Vegetated Wetland (BVW) alteration. The Town agreed to complete restoration of the altered BVW and clean-up work. MassDEP agreed to suspend the entire Penalty upon the full compliance with the terms of the Order.

4/25/06: MassDEP entered into a Consent Order with the Hardwick Water Department for Water Supply violations. The town's Water Department must install the required corrosion control treatment following exceedance of the Action Level for lead; and, provide both a back up power source and sufficient storage space for reserve or a secondary source as back-up.

4/25/06: MassDEP issued a Demand Letter for $8,700 in Penalties to Yankee Environmental Services for violations at Salem High School. A 4/19/06 inspection by MassDEP at Salem High School (77 Wilson Avenue) found Environmental Services had commenced demolition of the exterior high school facade at the site prior to notifying the MassDEP as required.

4/25/06: MassDEP entered into a Consent Order with a $5,750 Penalty regarding Chelmsford Water District for Water Supply violations. The District constructed a pipeline without approval to add more wells to a newly constructed water treatment facility. MassDEP agreed to suspend the Penalty provided the District comply with the Order.

4/24/06: MassDEP entered into a Consent Order with a $17,050 Penalty involving Gerry Zingariello for Air Quality (Asbestos) violations on Common Street in Stoneham. Zingariello of Wakefield, was hired as a contractor and removed asbestos shingles and pipe insulation without notifying MassDEP. Under application of MassDEP's Small Business Policy $12,550 will be suspended for one year pending compliance.

4/24/06: MassDEP entered into a Consent Order with West Parish of Barnstable for Water Supply violations. The facility was operating an unapproved public water system (PWS) serving a daycare and preschool at 2049 Meetinghouse Way in West Barnstable. The Order allows the system to continue operation as a pre-existing, non-conforming PWS, subject to compliance with all aspects of the drinking water program regulations. .

4/24/06: MassDEP issued a Unilateral Order to Pride Chrysler-Jeep, Inc., of Seekonk for Hazardous Waste violations. Pride Chrysler-Jeep, Inc. operates a car dealership with a repair shop. On 1/19/06, MassDEP conducted a site inspection of the property on Taunton Avenue. Today's Order requires Pride Chrysler-Jeep, Inc. to correct the violations regarding storage of hazardous waste; characterize the unknown waste. The company must properly handle, recycle and/or dispose of the waste in accordance with applicable regulations. The company must also correct all hazardous waste violations identified during an April 2006 self-audit; and submit a report to the Department describing the corrective actions taken. MassDEP attempted to negotiate a settlement prior to issuing this order. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

4/21/06: MassDEP entered into a Consent Order with a $6,500 Penalty involving Gregory Cafua for Wetlands violations at 17 Prides Circle in Andover. Cafua, the owner of property in a residential subdivision currently under development in Andover, did cause to have altered and impaired approximately 725 square feet of Bordering Vegetated Wetland. The violations occurred as the result of new landscaping activities contracted by Cafua. This work was not approved by the subdivision. Cafua has agreed to the Penalty; to restore the wetlands; and to submit regular monitoring reports.

4/20/06: MassDEP issued a Unilateral Cease-and-Desist Order to Pond Ridge Condos in Sunderland due to Water Pollution Control violations. MassDEP inspected the site of the subsurface sewage disposal system in response to a complaint and found the system breaking out and discharging to a nearby pond. Today's Order, requires the cessation of discharge and submittal and completion of construction for upgrade and repair.

4/20/06: MassDEP entered into a Consent Order with a $4,000 Penalty involving Alliance Leather, Inc. for Air Quality violations at 58 Pulaski Street in Peabody. The company failed to file several compliance reports including the complete 2004 air emissions data. Alliance is a major source of volatile organic compounds and was issued a permit by MassDEP on 10/26/04. In addition to emissions data, Alliance also failed to submit an annual report outlining its progress toward implementing pollution prevention. Alliance has agreed to the Penalty and to file all the required reports as well as a corrected report on its 2004 emissions.

4/19/06: MassDEP assessed $35,000 in Stipulated Penalties involving J.P. Noonan Transportation, Inc. for Waste Site Cleanup violations in West Bridgewater. During the review of the company's application to renew its cleanup permit, it was determined that the extent of contamination was never defined (as required) in the Phase II Report. This violated a previous agreement with MassDEP that specifically called for the Stipulated Penalties.

4/19/06: MassDEP entered into a Consent Order with a $41,509 Penalty regarding BJ's Wholesale Club, Inc. for Waste Site Cleanup and Hazardous Waste Management violations at its North Dartmouth facility. MassDEP found waste oil was not properly stored or labeled, resulting in a release that was not reported in a timely manner and immediate response actions were conducted without approval. Today's Order also addresses BJ's failure to properly register their hazardous waste generation at four other BJ's Club stores.

4/19/06: MassDEP entered into a Consent Order with a $28,480 Penalty involving Holyoke Sanitary Landfill, Inc. for Solid Waste violations in Granby. The landfill was cited for multiple failures of its leachate control system. Although the leachate control system failures caused the local sewer system to surcharge, a release to the environment did not occur. As part of the settlement, Holyoke Sanitary landfill, Inc. is required to modify its leachate control system (including the provision of storage), and resolve a property line issue. MassDEP has agreed to suspend $3,480 provided compliance is maintained.

4/18/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Ho-Ro Trucking Company, Inc. for Waste Site Cleanup violations in Sheffield. The trucking company - based in Avenel, New Jersey - had failed to submit documentation of site cleanup involving a 10/10/05 release of diesel fuel. A tractor-trailer truck operated by Ho-Ro Trucking was involved in an accident on Route 7, in Sheffield where an estimated 50 gallons of diesel fuel and motor oil was released to the roadway and soil adjacent to the roadway. MassDEP was notified by the Mass State Police within two hours of the release and initiated cleanup of the release immediately in lieu of Ho-Ro Trucking. Although Ho-Ro Trucking agreed to assume responsibility for completing the cleanup, but failed to submit follow-up documentation. In response to MassDEP's, initiating enforcement action, Ho-Ro Trucking has now submitted all required reports documenting cleanup of the release and agreed to the Penalty.

4/18/06: MassDEP issued a Boil Order to the Town of Royalston regarding Village/Raymond School due to coliform bacteria. The School is a private grammar school with approximately 60 students at an old public school building, which is leased from the Town. Bacteriological monitoring yielded results of total coliform and fecal coliform. The Facility is undertaking corrective actions. The school elected to provide bottled water to students following an earlier receipt of its lead and copper test results that showed an exceedence for lead, but the region has provided a pump and tank for temporary chlorination at the facility.

4/18/06: MassDEP executed a Consent Order with RM Packer Company for Waste Site Cleanup violations at its former commercial property on Lake Avenue in Oak Bluffs. The company is the former owner of the property that in the late 1980s was listed as contaminated with oil. The company did not complete assessment and cleanup activities, which led to the issuance of a Notice of Noncompliance by MassDEP. As a result of today's Order the company admitted it could not meet its regulatory requirements, but agreed to new timelines for the completion of assessment and remediation of the site.

4/18/06: MassDEP entered into a Consent Order with a $2,050 Penalty involving Bureau Veritas - Consumer Products Services for Hazardous Waste Management violations in Taunton. MassDEP conducted a multi-media inspection and determined the company was not registered as a generator of hazardous waste and had not been paying an annual compliance fee. In addition to the Penalty, the company has agreed to bring the facility into compliance.

4/14/06: MassDEP issued a Unilateral Order and $26,100 Penalty Assessment Notice to SMS Environmental, Inc. for Air Quality (Asbestos) violations at Camp Edwards Military Base in Bourne. SMS Environmental, which is based in Lawrence, Mass, is required to remove and properly dispose of sixty bags of asbestos-containing material that had been left stored in a trailer on the base. SMS left the trailer at the Base as part of an asbestos removal action, but left the material in the trailer for approximately 9 months without proper disposal, or completion of the removal.

4/14/06: MassDEP executed a Consent Order with a $10,000 Penalty regarding Air Quality violations involving A.R. Sandri, Inc. in South Deerfield. MassDEP discovered the violations during an 8/18/05 inspection of the A.R. Sandri, Inc. motor vehicle fuel dispensing system installed at the Grybko and Son Company in South Deerfield. The inspection revealed that this motor vehicle fuel dispensing system did not have the required vapor balance, and vapor recovery and collection system as required. The company initiated corrective action by removing the fueling system. MassDEP agreed to suspend $4,000 of the Penalty pending full compliance with the Order.

4/14/06: MassDEP entered into a Consent Order with a $6,000 Penalty involving Leonard T. Grybko & Son, Inc. for Air Quality, Hazardous Waste Management and Water Pollution Control violations in South Deerfield. The violations were discovered during MassDEP's inspection of the company's facility on 8/18/05 found the facility's garage floor drain discharged to the ground, that the motor vehicle fuel dispensing system, which was owned by A.R. Sandri and was being operated by Leonard T. Grybko & Son, Inc., did not have the required vapor balance, and vapor recovery and collection system. The facility was also not meeting hazardous waste management requirements for signage, labeling of drums, and delineation of a hazardous waste storage area. In addition, the generator failed to notify the MassDEP of its waste oil generation and of the use of a waste oil space heater at the facility. The company has initiated corrective action immediately after the inspection and cooperated with MassDEP to address the noncompliance issues. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance for one year.

4/13/06: MassDEP entered into a Consent Order with Bianchi-Smith Corporation for Water Supply violations at John Andrews Restaurant in Egremont. The system experienced repeated violations for total coliform bacteria. The corporation has agreed to report to MassDEP on what steps are necessary to address and eliminate the cause.

4/13/06: MassDEP executed a Consent Order with a $7,500 Penalty involving S & L Asset Management, LLC for Waste Site Cleanup violations in East Longmeadow. S & L failed to adequately address previously identified releases of #2 fuel oil in the basement on the property. An oil release was identified in 2002 due to complaints from building occupants to the East Longmeadow Fire Department. Plans for soil removal and closure of the site were submitted, but were never completed by the property owner. In addition to the Penalty, the owner has agreed to complete the cleanup in a timely manner.

4/13/06: MassDEP executed a Consent Order with a $6,000 Penalty involving International Paper Products for Solid Waste violation at its Westfield facility. International Paper Products was cited for unapproved materials used to manufacture a fuel product. As part of the settlement, International Paper Products will pay a $6,000 penalty and submit more refined product specifications.

4/12/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Village Automotive Inc. for Waste Site violations 149 Charlton Road in Sturbridge. Village failed to complete site cleanup within the established timeframe. In addition to the Penalty, the company has agreed to submit final cleanup report no later than 12/29/06.

4/12/06: MassDEP issued an Amendment to an existing Consent Order involving Berkshires Hills Regional School District - Monument Mountain High School in Great Barrington. The Amendment briefly extends the time required for the installation of a holding tank at the facility.

4/12/06: MassDEP entered into a Consent Order with a $3,000 Penalty regarding the Town of Charlton for Solid Waste violations. MassDEP determined that the town was disposing of tree trunks, broken asphalt and concrete rubble, catch basin cleanings, street sweepings and tires on a parcel of land located on Flint Road and known locally as the "Old Town Dump", but not authorized as required under the state's Solid Waste Management requirements. The Town also failed to prevent the disposal of a number of tires and one piece of waste white goods in the bordering vegetated buffer zone to a wetlands that exists northwesterly of the location. Under today's Order, the Town has agreed to cease the use of the site, remove the solid waste in the wetlands and properly dispose of the solid waste materials currently stockpiled at the site. The town will also assess the environmental impacts of the past solid waste disposal activities at the site.

4/12/06: MassDEP issued a Unilateral Order to Margot Xarras, owner of a sit on Locke Drive in Leominster for Wetlands, Asbestos and Solid Waste violations. After receiving complaints from local officials and residents, MassDEP inspected the site and issued the Order to Xarras to cease-and-desist the filling and grading activity and to conduct assessment and cleanup in relation to the discovery of broken transite (asbestos-containing material) on the site. Assessment of the site will also need to address whether the site was used for illegal burying of waste, a concern expressed by the local officials.

4/10/06: MassDEP entered into a Consent Order with an $11,275 Penalty involving Quest Diagnostics LLC, for Hazardous Waste Management and Air Quality violations at its Cambridge facility. Quest was acting out of status as a large quantity generator of hazardous waste and failing to pay proper compliance fee amounts dating back to 2002. Other violations found during MassDEP's multi-media inspection on 2/7/06 included failing to notify Mass DEP regarding hazardous-recycling activity; improper labeling of hazardous waste containers; violation of contingency plan requirements; and failure to maintain records on air emissions. The company has agreed to bring the facility into compliance.

4/10/06: MassDEP issued an Amendment to an existing Consent Order involving Water Pollution Control violations at Granby Public Schools. The Amendment updates required actions at the Junior-Senior School to prevent un-permitted discharges to the ground.

4/10/06: MassDEP entered into a Consent Order with an $11,275 Penalty involving Quest Diagnostics for Hazardous Waste Management violations at its facility in Cambridge. Quest had failed to change its status from a Small Quantity Generator to a Large Quantity Generator of hazardous waste. Quest also: failed to calculate their monthly emissions for volatile organic compounds & hazardous air pollutants; failed to amend their contingency plan; and, failed to properly label hazardous waste containers.

4/7/06: MassDEP executed a Consent Order with a $1,860 Penalty involving Plainville Generating Company, LLC for Air Quality violations at its 3 Belcher Street facility in Plainville. The company failed to submit, in a timely manner, its annual operating-permit certification and semi-annual monitoring summary and certification. The facility had previously received a notice of noncompliance for failing to submit.

4/7/06: MassDEP entered into a Consent Order with $33,000 Penalty involving General Motors Corporation for Waste Site Cleanup violations at 63 Western Avenue in Framingham. The former owner, GMC, was cited for failure to submit reports within the deadlines established in a Notice of Noncompliance issued by MassDEP on 8/10/04. New deadlines have now been set, including a Phase II Report by 12/31/06 and, if applicable, a Phase III Remedial Action Plan by 6/15/07 final completion on or before 11/18/09. MassDEP agreed to suspend $16,500 of the Penalty pending compliance with the Order.

4/7/06: MassDEP entered into a Consent Order with the Plainville Board of Water and Sewer Commissioners for Water Supply violations. The Turnpike Lake Water treatment facility was in non-compliance during Oct/Nov 2005 with the regulatory requirements for turbidity (cloudiness). Under today's Order, the system will undergo various reviews of operational practices and procedures, for the purpose of modifying and or developing new or improved standard operating procedures. The review is to ensure that all operating procedures will act to prevent similar violations from occurring in the future. The water supplier will also assess the filtration equipment to ensure that these treatment processes are being operated at optimum levels. The order requires training of personnel wherever necessary.

4/7/06: MassDEP entered into a Consent Order with M.S.T., Incorporated for Waste Site Cleanup violations at its 641 Main Street in Winchester. Specifically, M.S.T. failed to submit phase reports and achieve a final outcome as required under the regulatory requirements. Previously, on 12/21/05, MassDEP issued a Notice of Noncompliance with deadlines that M.S.T. failed to meet. As a result of today's Order, M.S.T. has agreed to new deadlines and to return to compliance with completion of cleanup response no later than 9/30/07.
and requirements concerning contamination at the site.

4/6/06: MassDEP entered into a Consent Order with a $6,160 Penalty regarding Veryfine Products for Surface Water Discharge and Hazardous Waste Management violations in Littleton. MassDEP determined the company was violating its National Pollutant Discharge Elimination System permit by not reporting specific data required by the permit and did not sample storm water discharges for pH as required by the permit. In addition, the company generated and accumulated hazardous waste in excess of their registered generation status. In addition to the Penalty, the company has agreed to bring the facility into compliance.

4/6/06: MassDEP entered into a Consent Order with a $60,441 Penalty involving Safety-Kleen Systems, Inc. for Hazardous Waste Management violations at 960 Turnpike Street in Canton. Safety-Kleen Systems, Inc. was inspected as part of MassDEP's review of the company's application for a renewal of their hazardous waste recycling permit. The facility is a Class B (4) hazardous waste recycler that recovers silver from spent solutions and steel wool cartridges sent to it by printers, photo-processors, medical/dental facilities and imaging industry sources. The inspection revealed regulated recyclable material and hazardous waste management violations at the facility and significant failures on the part of Safety-Kleen Systems, Inc. to comply with its existing recycling permit. Under today's Order the company has agreed to properly manage regulated recyclable material and hazardous waste at the facility and to submit a new hazardous waste recycling permit renewal application to MassDEP. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

4/6/06: MassDEP executed a Consent Order with a $2,500 Penalty involving Woodvale Condominium Trust for Drinking Water violations in Acton. The Trust failed to notify residents of exceedances for the uranium, and failed to take appropriate action to reduce uranium level in the water supply. In addition to the Penalty, the Trust agreed to a schedule for tie-in to the Acton Water District and decommissioning of the on-site water supply well. The Trust also agreed to install additional monitoring wells around its wastewater treatment plant to assess if an upgrade to that system is necessary.

4/506: MassDEP entered into a Consent Order with a $5,346.56 Penalty involving 167 Broadway Limited Liability Corporation for Waste Site Cleanup violations at 167 Broadway in Fall River. The corporation failed to comply with an Activity and Use Limitation on the property. Indoor air sampling was not conducted following construction of the new building at the property as required. In addition to the Penalty, the corporation is also required to correct violations.

4/5/06: The Massachusetts Superior Court ruled for the MassDEP in a motion for partial summary judgment in the Commonwealth of Massachusetts v. Eskanian. The Attorney General's office, on behalf of MassDEP, filed the motion in September of 2005. The Superior Court judge ruled that the defendant is "liable for each day he failed to submit a required form documenting cleanup efforts pursuant to G.L. c. 21E and the MCP." The Court also found the defendant "liable for each day he failed to submit the required annual compliance certification for the Stage II Systems pursuant to Mass Clean Air Act and regulations." Eskanian has failed to submit multiple reports for Waste Site Cleanup requirements at four gas stations (owned and/or operated by Eskanian) in Medford and Malden

4/4/06: MassDEP entered into a Consent Order with a $7,500 Penalty involving Northern Oaks, LLC, for Water Pollution Control violations at a Tamarac Drive location in Haverhill. MassDEP determined Northern Oaks constructed a sewer without a permit. Northern Oaks LLC applied to MassDEP for a sewer extension with pump station but had in fact already installed the sewer

4/4/06: MassDEP issued a Unilateral Order to C.B. Blair Development for Wetlands violations in Charlton. MassDEP determined the company was working on the bank of Lambs Pond in Charlton without filing a Notice as required. The excavation at the bank near a dam caused the water level to drop in the Pond. Today's Order requires Blair Development to hire a Professional Engineer to direct immediate repairs to the Dam and to restore the normal water levels. There is potential for additional enforcement action by MassDEP.

4/4/06: MassDEP issued a Unilateral Order and $38,700 Penalty Assessment Notice to James H. Pollock, Jr., for Waste Site Cleanup violations at West Avenue in Middleborough. Previously, in January 2006, MassDEP issued Pollock Jr. a Notice of Noncompliance for failure to comply with the cleanup deadlines. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

4/3/06: MassDEP entered into a Consent Order with a $966 Penalty involving Executive Auto Sales, Incorporated for Hazardous Waste Management violations at its facility in New Bedford. MassDEP determined during a multi-media inspection that the company's Mitsubishi dealership was acting as a generator of waste oil in amounts that violated its registered status. In addition to the Penalty, the company has agreed to bring the facility into compliance.

4/3/06: MassDEP entered into an Amendment to an existing Consent Order with the city of Brockton relative to the Thatcher Street Landfill. Brockton is closing and capping the landfill pursuant to the Department's policy on accepting grading and shaping material for the closure of inactive, unlined landfills. The amendment extends the time to construct the final cover system, which will completed during the 2006 construction season.

4/3/06: MassDEP entered into a Consent Order with a $17,900 Penalty involving Hoppy's Oil Service, Incorporated for Waste Site Cleanup violations at its 1200 Montello Street location in Brockton. The property served as bulk fuel oil storage depot during Hoppy's operation of the site. The site is currently being used as a used automobile sales facility, and there has been some discussion that the property may be sold and re-developed in the future to accommodate residential housing. MassDEP determined that Hoppy's had not progressed with cleanup at an appropriately pace with implementation of immediate response actions (IRA) necessary to eliminate and/or prevent the release of oil from the site from entering and/or migrating into the Salisbury Plain River. DEP also determined that Hoppy's pace for a complete assessment of the property was insufficient.
Previously, on 5/26/05, MassDEP issued Hoppy's a Notice of Noncompliance. In addition to the Penalty, Hoppy's has now agreed to complete the assessment and to bring the site into compliance with cleanup deadlines.

4/3/06: MassDEP entered into a Consent Order with a $12,560 Penalty involving Suffolk Construction, Incorporated for Air Quality (Asbestos) violation at 100 Norway Street in Boston. MassDEP (under the Self-Audit Policy) agreed to suspend $7600 of the Penalty after the violations were brought to light as a result of Suffolk's notifying MassDEP directly.

4/3/06: MassDEP executed a Consent Order with a $6,400 Penalty involving ConocoPhillips Company for Waste Site Cleanup violations in Bellingham, i.e. failure to operate a high-vacuum extraction system as it had agreed to do in August 2003. The company removed the treatment system in May 2005, but failed to terminate its agreement. In addition to the Penalty, ConocoPhillips is required to submit a Release Abatement Measure Plan and file a Response Action Outcome Statement by June 2007.

4/3/06: MassDEP entered into a Consent Order with an $11,275 Penalty involving Toxikon for Hazardous Waste Management violations at its 15 Wiggins Avenue in Bedford. The company was operating out of status (generating large quantities of haz-waste but registered as a small quantity generator). In addition to the Penalty, the company agreed to bring the facility into compliance.

March

3/30/06: MassDEP entered into a Consent Order with Jumptown (a skydiving school) in Orange for Water Supply and Wastewater violations. Jumptown had sought and obtained local approvals for a well and septic system. Such approvals should have been secured through MassDEP. The new buildings had not opened, but today's Order provides for the connection of the facilities water to the municipal water system and limitations on the facility's operation that are consistent with septic system design flows with a schedule for upgrade of the septic system to allow for full use of the facility.

3/30/06: MassDEP entered into a Consent Order with the Massachusetts National Cemetery located in Bourne. Today's Order will allow the Cemetery to operate a public water system using bottled water on a temporary basis, until such time as they connect to the Bourne Water District. The connection is to be completed no later than 12/31/07.

3/30/06: MassDEP entered into a Consent Order with a $7,000 Penalty involving the City of New Bedford for Solid Waste violations at the landfill. The city failed to collect environmental monitoring data at the capped landfill. The city is required to submit semi-annual groundwater, and quarterly landfill gas data during the 30-year post-closure monitoring period. The city will pay $1,750 of the Penalty and agreed to implement a Supplemental Environmental Project (SEP) for the remaining amount of $5,250. The SEP involves the planting of trees and shrubs in selected neighborhoods and parks within the City to enhance aesthetics and the environment in deserving communities

3/30/06: MassDEP entered into a Consent Order with an $11,600 Penalty involving the Cape Cod Shipbuilding for Hazardous Waste and Air Quality violations in Wareham. A multi-media inspection by MassDEP revealed that Cape Cod Shipbuilding had accumulated greater than 1,000 kilograms (250 gallons) of hazardous waste onsite as allowed for as a Very Small Quantity Generator of hazardous waste, stored waste outside not on a impervious surface with no secondary containment and was mixing wastes together and allowing the waste to harden by evaporating the liquid waste all in violation of the hazardous waste regulations. The facility was also emitting greater than 1 ton per year of a non-criteria pollutant without a Mass DEP air permit and leaving containers of VOC material open when not in use. In addition to the Penalty, the company has agreed to develop and implement a Supplemental Environmental Project (SEP) with a total value of $8,700 within one year.

3/30/06: MassDEP entered into Consent Agreement with a $1,000 Penalty regarding Berkshire Power Co., LLC, of Agawam for Air Quality violations. Excess emissions of carbon monoxide were self-reported by the company in a monthly monitoring report. The company has agreed to modify its procedures to ensure that similar incidents do not recur. In addition, Berkshire Power will contribute an additional $4,750 to the Pioneer Valley Planning Commission's Voluntary Vehicle Recycling Program that helps to remove abandoned vehicles.

3/30/06: MassDEP entered into a Consent Order with a $4,000 Penalty involving the town of Tewksbury for Wetlands violations. Shortly after construction of portions of new sewer line on South Street that was subject to a 401 Water Quality Certification (WQC) issued by MassDEP, the town excavated and replaced an existing deteriorated stream culvert under the road and "paved" the roadway side slopes down to the culvert headwall. This work was not reviewed or permitted as part of the WQC and was performed without seeking prior authorization from MassDEP as required. Today's Order requires the town to remove the slope pavement, implement an alternative slope treatment that incorporates vegetative stabilization and improved stormwater treatment, and perform monitoring for compliance with design goals.

3/30/06: MassDEP entered into a Consent Order with a $6,310 Penalty involving Pennzoil Express Oil Change for Air Quality and Hazardous Waste violations at its 481 Broadway Street facility in Saugus. MassDEP inspected the facility after observing two metal stacks at the facility and determining that MassDEP had no record of the facility. The inspection revealed that the facility was burning waste oil in a boiler (capacity of 700,000 BTU) an activity not allowed in Massachusetts. Additional waste oil and hazardous waste management violations were also observed. Pennzoil Express Oil Change has now agreed to discontinue the practice of burning waste oil in the boiler, and to fully comply with all appropriate regulations; in turn, MassDEP has agreed to suspend the entire Penalty through application of its Small Business Policy.

3/29/06: MassDEP entered into a Consent Order with a $1,700 Penalty involving the Northfield Water District for Water Supply violations. The public water supply system failed to collect sufficient repeat bacteria samples following a detection of total coliform bacteria. The District will comply with the terms of the Order and MassDEP has agreed to suspend $850 of the Penalty.

3/29/06: MassDEP entered into a Consent Order with a $1,750 Penalty involving L&M Auto, Inc. for Water Supply violations in East Otis. MassDEP determined that L&M Auto, d/b/a Papa's Healthy Food and Fuel, was operating its facility as a public water supply system without the proper prior registration. The Order requires specific actions by the owner; MassDEP has agreed to suspend $875 of the Penalty.

3/29/06: MassDEP entered into a Consent Order with SunsTotal Systems, Inc., of 356 Bridge Street in Lowell for Waste Site Cleanup violations. Specifically, the violations were for failure to submit a Phase IV Report and a Response Action Outcome Statement to MassDEP within the deadlines established in a Notice of Noncompliance issued by MassDEP on 7/26/04. The company's submittal of an application for a permit extension establishes new deadlines and requires a permanent or temporary solution by 3/30/08.

3/29/06: MassDEP entered into a Consent Order with an $8,630 Penalty involving David Hollins & Leona Hollins of 17 Massachusetts Avenue in North Andover for Waste Site Cleanup violations. The Hollins own the aforementioned property where a release was determined to have occurred and for which a failure to notify MassDEP within 120 days of obtaining knowledge of that release, occurred. The Hollins agreed to bring the site into compliance, and MassDEP agreed to suspend $3,630 of the Penalty.

3/29/06: MassDEP entered into a Consent Order with a $25,000 Penalty involving Four B Development Co. for Water Management Act violations in Belchertown. The company owns and operates the Cold Spring Golf Course where water from an irrigation pond was used in violation of its permit. The company failed to obtain an amendment to the permit and to conduct the required monitoring. MassDEP agreed to suspend $19,000 of the Penalty provided the company comply with the terms of the Order.

3/29/06: MassDEP was informed by the Massachusetts Office of Attorney General that a criminal conviction had been obtained in the John Sheedy case in Chicopee. Sheedy was found to be illegally removing friable asbestos insulation. MassDEP had inspected a rental property located in Chicopee, where it was found that during the removal of the asbestos insulation, dry asbestos waste was allowed to accumulate in and outside of the property, thereby allowing the tenants to be potentially exposed to the friable asbestos. Sheedy is required to pay a $7,500 Penalty.

3/28/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Patricia Armitage Transport Service, Inc. for Waste Site Cleanup violations in Lee. The New Hampshire-based trucking company failed to submit a Release Notification Form and Immediate Response Action Plan in connection with an accident involving one of its trucks on the Massachusetts Turnpike in Lee on 10/14/05. The accident resulted in a release of (est.) 100 gallons of diesel to the soil and drainage swale. Although the cleanup was completed shortly after the accident, the company failed to submit the appropriate documentation supporting that action and also failed to respond to MassDEP's Notice of Noncompliance issued on 12/28/2005. In addition to the Penalty, the company has agreed to comply fully with the requirements.

3/28/06: MassDEP issued a $66,208 Penalty Assessment Notice (PAN) to Mercury Homes, Inc for Hazardous Waste and Air Quality (Asbestos) violations in Millville. An inspection of a 2004 demolition project in Millville by MassDEP's Environmental Strike Force observed and identified pieces of dry, crushed, uncontained asbestos-containing siding and numerous drums, cans, containers and tanks of unmarked, improperly packaged hazardous waste at the site. After the company was notified of the violations by MassDEP, remedial work was conducted at the site and the proper removal and disposal of all asbestos waste occurred along with1,600 pounds of hazardous waste and 800 pounds of waste oil. The company, which is located in Harrisville, Rhode Island, was issued the PAN after repeated attempts to reach an agreement on a Penalty failed. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

3/28/06: MassDEP entered into a Consent Order with Undercover Tent & Party, Inc. of Dennis for Water Pollution violations. MassDEP observed on 12/12/05, that personnel from the company, which provides tents and equipment for outdoor events, was discharging to the groundwater. Today's Order requires the company to discharge wash water to the existing holding tank. Additionally, a timeline was established for Undercover Tent & Party to submit the holding tank certification to the Department.

3/27/06: MassDEP entered into a Consent Order with 7-Eleven, Inc. for Waste Site Cleanup violations in Quincy. The convenience store, located at 721 Hancock Street, failed to submit Phase II, III and IV reports and a Response Action Outcome (RAO), or, closure statement in accordance with deadlines established in the Massachusetts Contingency Plan and a Notice of Noncompliance issued by MassDEP previously. Today's Order establishes revised deadlines for 7-Eleven to submit the required reports and return to compliance or be subject to stipulated penalties.

3/27/06: MassDEP entered into a Consent Order with a $7,500 Penalty regarding MSI Realty Trust for Waste Site Cleanup violations in Watertown. The trust owns the property at 76 Arsenal Street in Watertown. Cleanup of that property failed to meet deadlines and (on 6/21/05) the trust agreed to bring the cleanup back into compliance. The trust failed to meet those deadlines as well. Under terms of today's Order, in addition to paying a previously suspended Penalty of $7,500, the trust has agreed to revise deadlines that must be met in order for the trust to avoid additional enforcement actions and payment of additional stipulated penalties.

3/27/06: MassDEP entered into a Consent Order with Country Club Motors for Waste Site Cleanup violations at 90 Margin Street in Peabody. The company failed to submit Phases II - IV reports and a Response Action Outcome (RAO) Statement within the deadlines established in a Notice of Noncompliance issued by MassDEP on 1/19/06. New deadlines were set in the Order to return to compliance with the submittal of (a) Phase II & III Reports by 6/30/06 (b) a Phase IV Report by 2/28/07 and (c) an RAO Statement by 6/30/07. In addition, Country Club Motors agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

3/27/06: MassDEP entered into a Consent Order with an $11,000 Penalty regarding Ipswich Fish and Game Association for Wetlands violations. The Association runs a shooting range on Paradise Road in Ipswich. Wetlands staff found that Bordering Vegetated Wetlands (BVW) had been altered during excavation and grading of the 100 yard shooting rang. Also, the installation of a culvert pipe created a condition allowing untreated stormwater to enter a BVW adjacent to a pond where it was determined that lead shot entered the BVW beyond the trap range because of shooting activities without the benefit of a shot curtain. This caused leachate from the lead to enter the BVW and ultimately the Egypt River. None of this activity was authorized. The Association agreed to remediate the site and comply with terms of the Order; MassDEP agreed to suspend $10,000 of the Penalty pending compliance after one year.

3/24/06: MassDEP entered into a Consent Order with GPT-Acton, LLC for Water Pollution Control violations. The corporation has agreed to an enforceable schedule to bring into compliance an un-permitted groundwater discharge at Spring Hill Commons Apartments in Acton. The corporation will obtain a groundwater discharge permit and complete construction of the wastewater treatment facility by no later than 10/31/07.

3/24/06: MassDEP executed a Demand for Payment of $40,500 in Stipulated Penalties to Boston Hill Realty Trust for Water Pollution Control violations in Westborough. The Trust, which is located in Shrewsbury, allowed the unpermitted sewer construction activities in Westborough. MassDEP has also initiated collection procedures against the Trust for failure to pay the agreed civil penalty of $15,000 for previous violations.

3/23/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Richard Massey for Wetlands violations at 134 Humarock Beach Road in Scituate. Massey filed a Notice of Intent to demolish and reconstruct a dwelling and detached garage, and upgrade the on-site sewage disposal system. The Scituate Conservation Commission approved the septic system upgrade, but denied the demolition and reconstruction of the dwelling and garage. After filing an appeal for the entire project, but prior to receiving any approval, Massey demolished the dwelling and installed a new pile foundation for the proposed dwelling. Upon learning of the violation (working without a valid final Order and un-permitted alteration of a dune on a barrier beach), MassDEP commenced enforcement action. In addition to the Penalty, Massey has agreed to comply with Wetlands regulations.

3/23/06: MassDEP executed a Consent Order with a $9,000 Penalty involving Alec Szymanski for Wetlands violations in Dracut. The violations occurred at a residential property where removal of vegetation, and filling with gravel, stone and soils, resulted in approximately 10,000 square feet of alteration to wetland resource areas including Bordering Vegetated Wetland (BVW) and Bordering Land Subject to Flooding (BLSF). Szymanski also continued to work after being issued an Enforcement Order by the Dracut Conservation Commission requiring him to cease and desist activities affecting wetlands jurisdictional areas. Today's Order includes provisions for full restoration and monitoring of the altered wetlands; MassDEP has agreed to suspend $5,000 of the Penalty provided all terms of the Order are met.

3/23/06: MassDEP entered into a Consent Order with Old Kerry Bottling Co. for Water Supply violations in Haverhill. Old Kerry Bottling Co was operating a water vending machine without approval from the Department. Old Kerry Bottling Co has agreed to follow the proper procedures for operating a water vending machine if they choose to open the machine in the future.

3/23/06: MassDEP entered into a Consent Order with a $22,720 Penalty involving Genevieve Cheika for Waste Site Cleanup violations in Chicopee. Cheika failed to adequately address previously identified releases of gasoline on the property. The gasoline contamination was identified in 1997 during environmental investigations. The site had been used as a gasoline station from the 1930s until the mid 1960s. As part of an agreement reached with the owner, MassDEP agreed to suspend $20,000 of the fine contingent with completion of cleanup actions in a timely manner.

3/22/06: MassDEP issued a $21,500 Penalty Assessment Notice and Unilateral Administrative Order to Shirley Moccio for Wetlands and Solid Waste violations in Southwick. The Order requires Moccio to assess the solid waste at the property and develop and implement a plan to remove all solid waste that constitutes an illegal dump, and to prepare and implement a site plan and restoration plan for the filled Bordering Vegetated Wetland and for Riverfront Area altered at the property. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

3/22/06: MassDEP issued a $11,500 Penalty Assessment Notice and Unilateral Administrative Order to David Kalinowski, Jr.for Wetlands violations in Greenfield. Kalinowski, d/b/a Kalinowski and Sons Firewood and Landscaping, is alleged to have removed vegetation from the Riverfront Area of the Green River. Kalinowski did not comply with the local enforcement order and subsequently failed to reach agreement on resolving the violations after meeting with MassDEP.

3/22/06: MassDEP entered into a Consent Order with an $8,625 Penalty involving the Massachusetts Highway Department (MHD) for Waste Site Cleanup violations in Lexington. MHD, which operates the Interstate Route 95(N) rest area in Lexington, failed on four separate occasions to achieve the required level of contaminant removal for a vapor-phase treatment system installed to address contamination of soil and groundwater. MassDEP agreed to suspend $4,265 of the Penalty pending compliance with the Order.

3/22/06: MassDEP entered into a Consent Order with Derby Street Realty Trust for Waste Site Cleanup violations in Salem. The Trust, which owns 289 Derby Street, failed to submit a Phase IV Report to MassDEP and a Response Action Outcome (RAO) or, closure, within the deadlines established in a Notice of Noncompliance issued by MassDEP on 12/15/05. New deadlines have now been established in today's Order, requiring a return to compliance and the submittal of an RAO Statement by 4/30/07.

3/22/06: MassDEP entered into a Consent Order to Chaldean, Inc, for Waste Site Cleanup violations in Framingham. Chaldean, the owner of 22 Waverly Street in Framingham, failed to submit a Response Action Outcome (RAO), or, closure, within the deadlines established in a Notice of Noncompliance issued by MassDEP on 1/9/06. New deadlines have now been established in today's Order, requiring a return to compliance and submittal of an RAO Statement by 6/30/07.

3/22/06: MassDEP executed a Consent Order with a $36,770 Penalty involving Dover Courtyard Associates, LLC, for Waste Site Cleanup violations in Dover. The corporation owns 52A Centre Street in Dover where a source of methyl tertiary butyl-ether (MTBE) has impacted private drinking wells located on Centre Street and Hutton Road. The corporation has failed to conduct Immediate Response Actions (IRA) as approved by MassDEP. In addition the corporation has failed to perform the IRA in expeditious manner, failed to submit Release Notification Form and (written) IRA plans and status reports. Under terms of today's Order, the corporation is required to provide an alternative source of drinking water to the affected residential properties or install a treatment system as well as a detailed plan for the implementation of investigative activities to identify migration pathways, and a specific plan detailing remedial response actions for implementation to control, and - if feasible - elimination of contaminants identified. MassDEP has agreed to suspend $21,770 of the Penalty provided all terms of the Order are met. Dover Associates LLC, is located at 30 Eastbrook Road, Suite 402 in Dedham will pay the remaining amount of $15,000 in four equal installments beginning 4/21/06

3/22/06: MassDEP entered into a Consent Order with a $2,530 Penalty involving Rietzl Porche Audi, Inc. for Hazardous Waste, Air Quality and Industrial Wastewater violations at its facility in Norwell. A multi-media inspection by MassDEP revealed: the company failed to notify as a large quantity waste oil generator, was not in compliance with certain waste management and recordkeeping requirements and was burning waste oil in a hot water boiler without a plan approval.

3/21/06: MassDEP issued a Unilateral Administrative Order to Massasoit Environmental Services for Water Pollution and Air Quality violations at its facility in Carver. The company was ordered to stop accepting waste at the septage treatment plant, which was being operated by staff without the proper grade and without the operation of air quality controls. The inspection also revealed mishandling of solid and liquid wastes. The plant had been exceeding the discharge limits of its groundwater discharge permit. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

3/20/06: MassDEP executed a Consent Order with Jeffery Brothers Warehouse, Inc. for Waste Site Cleanup violations in Salem. The company, which owns the facility at 15 Broadway, failed to submit a Phase II Report, Phase III Report, and Phase IV Report to MassDEP within the deadlines established in a Notice of Noncompliance issued by DEP on 8/5/05. New deadlines have now been set in today's Order to return to compliance with the initial submittal of cleanup report by 6/1/06 and a Phase IV Remedy Implementation Plan no later than 12/1/06.

3/20/06: MassDEP entered into a Consent Order with the Town of Acushnet for Waste Site Cleanup violations. The town failed to comply with cleanup deadlines established for property at 14 Thomas Street. MassDEP had issued a Notice of Noncompliance pertaining to violations found during an Audit of the cleanup. The town was given a sixty-day deadline for the correction of the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations.

3/20/06: MassDEP entered into a Consent Order with a $7,500 Penalty involving East Broadway Development, LLC, for Water Pollution violations in Haverhill. The corporation, which is constructing Overlook Estates and Renaissance Golf Club on Seven Sister Road in Haverhill, began construction of sewer without a permit. The corporation had applied for a sewer connection permit but proceeded to construct the sewer and commenced discharge prior to issuance of the permit.

3/20/06: MassDEP issued a Unilateral Administrative Order to Herb Chambers Hyundai for Wetlands violations in Auburn. The violations involve clear cutting shrubs and saplings in a wetland without a permit. Today's Order requires Herb Chambers to hire a wetlands specialist to quantify impacts and to develop a wetlands restoration plan. Penalties may be assessed as necessary.

3/20/06: MassDEP entered into a Consent Order with the Gillett Family Nominee Trust for Solid Waste violations on Van Deusenville Road in Great Barrington. As part of the settlement, a notice will be placed on the deed for the property delineating the dumping ground and limiting use of the land in this vicinity.

3/20/06: MassDEP issued a Unilateral Administrative Order to Casella Waste Systems, Inc. and its subsidiary Hardwick Landfill, Inc., for Solid Waste violations in Hardwick. MassDEP requires that the companies submit to the Department revised estimates for the financial assurance mechanism as well as contingency design plans relative to the portion of the Hardwick landfill for which zoning remains in dispute.

3/17/06: MassDEP entered into a Consent Order with a $2,580 Penalty regarding Eagle Tor Trust for Water Supply violations in Topsfield. The Trust, located at 56 Wenham Road, owns a residential development that serves as a public water supply system. Eagle Tor Trust did not perform lead and copper monitoring and reporting for 2005; did not adequately report monitoring results to the Department as required; and, did not provide Public Notification of the failure to monitor for lead and copper as required. A Notice of Noncompliance for the same violation was issued to Eagle Tor Trust in 2003. Eagle Tor Trust has agreed to return to compliance.

3/16/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Hazen Paper Co. for Air Quality violations in Holyoke. The company itself reported the violations of its permit on 9/18/05. The emission violations were the result of a failure to follow internal procedures and the requirements of the facility's permit to ensure that fumes from a printing machine were vented to an oxidizer for destruction prior to being discharged to the atmosphere. In addition to the Penalty, the company has modified its operating procedures to prevent a recurrence. The company will also conduct a $2,000 Supplemental Environmental Project assisting the Pioneer Valley Planning Commission's Voluntary Vehicle Recycling Program.

3/16/06: MassDEP issued a $1,150 Penalty Assessment Notice and Unilateral Administrative Order to Red Carpet Inn for Water Supply violations in New Ashford. The company, which operates a public water system, was cited for violation in the implementation of a disinfection system. Today's Order requires that the facility reduce its operations such that it is no longer operates as a public water system. The Order and Penalty were hand-delivered by MassDEP accompanied by representatives from the local Board of Health. Any water supply that operates below the threshold of a public water system would come under the jurisdiction of the local Board of Health.

3/16/06: MassDEP entered into a Consent Order with Majestic Dragon Restaurant for Water Supply violations at its facility on Route 1 in Ipswich. The establishment owns and operates its own public water supply well, is served by a large septic system located within the Zone 1 (or the most protected area around a well) of the well. In accordance with applicable regulations, the large septic system is deemed to be in failure because of its location. Connection to the municipal water supply (and elimination of the septic problem) is not currently available. Through negotiations with the Town of Ipswich, extension of the municipal water system to this area is part of the five-year capital improvement plan. The restaurant's well water is disinfected prior to use and there have been no recent compliance issues in that regard. Until the municipal water system is accessible, the restaurant will perform additional testing of its well water and regular maintenance of its septic system to protect public health safety and the environment.

3/16/06: MassDEP entered into a Consent Order with the Town of Burlington for Water Pollution Control regulations. Today's Order amends a prior Consent Order that lowers the infiltration/inflow (I/I) removal ratio for connections and extension to the sewer system from 10:1 to 4:1 based on the Town's considerable progress in the last five years to remove I/I within its collection system. In addition the ACO requires more pro-active reporting of overflow events to nearby affected communities and the submittal of a draft Capacity, Management, Operation, and Maintenance (CMOM) Plan to MassDEP and the implementation of the approved plan by the town.

3/16/06: MassDEP issued a Unilateral Administrative Order to Walker Island Campground ordering the owner to cease and desist from placing riprap along the banks of the Westfield River. MassDEP initially observed riprap had been placed along the River, and then witnessed a truck arrive at the site carrying additional riprap. MassDEP verbally instructed the driver that the riprap could not be placed. An emergency order of conditions had been issued for the site in October by the local commission permitting initial placement of riprap following last fall's severe rains and flooding.

3/15/06: MassDEP entered into a Consent Order with a $12,500 Penalty involving Pine Grove Plastics for Hazardous Waste and Air Quality violations in Freetown. MassDEP conducted a multi-media inspection and found that the company failed to notify as a hazardous waste and waste oil generator; failed to register a waste-acetone distillation unit as a Class A recycling activity; failed to keep the waste acetone containers closed and labeled; and, failed to track criteria and non criteria air emissions. In addition the company failed to apply for and obtain an Air Quality Comprehensive Plan Approval (CPA) for said emissions.

3/15/06: MassDEP entered into a Consent Order with Granby Schools for Water Supply violations in Granby. Today's Order concludes an agreement with the Granby School Committee to address repeated coliform bacteria detections in its public water system.

3/14/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Witches Brook Water Company for Water Supply violations in Townsend. The company, which operates a public water supply system with approx. 1.984 customers, failed to obtain the services of a certified drinking water operator to operate and maintain the public water system in Timberlee Park in Townsend. The company subsequently corrected the noncompliance and paid the penalty.

3/13/06: MassDEP issued a $56,937 Penalty Assessment Notice to Mason Construction, Inc. for Air Quality (Asbestos) violations in Milbury. The violations occurred at a demolition project that the company conducted at 133-135 Main Street in Millbury. The demolition took place across the street from the Millbury Jr-Sr High School. General Contractor, Ronald J. Henault of South Grafton, owner of the building at the time of the demolition, was also assessed a $56,937 penalty for the violations. MassDEP observed the structure, which was sided with asbestos containing shingles, was undergoing demolition without using any wetting methods to prevent emissions to the ambient air. Additionally, the Company pulverized the asbestos containing material by running over the demolition debris with an excavator to compact the waste. One shipment of asbestos containing waste was sent to an unapproved disposal site in Rhode Island. Both Penalties cited the failure to notify the Department involving asbestos-containing material; failure to seal the work area; failure to use air cleaning equipment; failure to properly wet, seal, and label asbestos waste materials; and, disposing of asbestos containing waste at an unapproved site. The Penalties were issued after numerous attempts to come to a negotiated settlement failed. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

3/10/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Whitinsville Water Company for Water Supply violations in Northbridge. The public water supply system failed to meet requirements relating to the construction of Hill Street Standpipe Tank. The Company has subsequently submitted all of the required permit application information and agreed to the penalty amount.

3/10/06: MassDEP entered into a Consent Order with a $43,000 Penalty involving Jimmy's Garage, Inc. for Waste Site Cleanup violations in Wilmington. The owner of 945 Main Street in Wilmington initially failed to comply with MassDEP's Notice of Noncompliance (NON), issued on August 16, 2002 requiring the submittal of Phased Cleanup Reports. That NON was followed up with an Administrative Consent Order (ACO) in March 2003, which re-established deadlines for submittal of Phase Reports. Jimmy's Garage then failed to comply with deadlines established in the ACO. New deadlines have now been established under today's Order with the first report due by 5/9/06 and subsequent reports due every six months until an IRA Completion Report is submitted. Deadlines were also established for submittal of a Permit Extension Application (5/9/06), the Phase IV Remedy Implementation Plan (3/10/07), and closure by 3/10/08. Pending compliance with the terms of the Order, MassDEP has agreed to suspend $25,500 of the Penalty.

3/7/06: MassDEP entered into a Consent Order with a $20,000 Penalty involving Riverwalk Place, LLC, for Waste Site Cleanup violations in Peabody. The corporation, which owns property at 166R Main Street, failed to submit Phase Reports and achieve a Response Action Outcome (RAO), or closure, within the deadlines established in a Notice of Noncompliance issued by DEP on 7/14/05. New deadlines have now been established to return to compliance with the submittal of an RAO by 9/1/07. MassDEP agreed to suspend $10,000 of the Penalty pending compliance.

3/2/06: MassDEP entered into a Consent Order with a $19,079 Penalty involving Riccelli Enterprises Inc. for Hazardous Waste Management violations in Methuen. The company, which operates a repair facility at 109 Lindberg Avenue in Methuen for its trash hauling business. Department personnel conducted site inspections of the property and found mismanagement of hazardous waste and waste oil containers. The company has agreed to bring the facility into compliance; MassDEP has agreed to suspend the Penalty for one year pending demonstration of compliance.

3/2/06: MassDEP issued a $138,000 Penalty Assessment Notice to Mass Environmental Associates (MEA), Inc. for violations of a previous Consent Order (2/16/05) involving the closure of the (fmr) Spinazola landfill in Wilmington. The Demand for Stipulated Penalty resulted from MEA's failure to reinstate as required a Financial Assurance Mechanism (FAM) that would ensure Phase I closure activities at the landfill. MEA allowed the original surety bond for its FAM to expire.

3/1/06: MassDEP entered into a Consent Order with a $11,070 Penalty involving Salas Auto Repair for Hazardous Waste Management violations in Methuen. The company, which operates the auto repair facility at 16 Lawrence Street, was operating as a Small Quantity Generator of Waste Oil and also is using a waste oil burner with out prior notification. Salas also had several Waste Oil management violations, noted during a joint inspection with the Methuen Fire Department. Salas has since registered with and notified the Department of its Waste Oil status and burner activities. MassDEP agreed to suspend the entire Penalty under the Department's Small Business Policy.

3/1/06: MassDEP entered into a Consent Order with Scangas Realty I for Waste Site Cleanup violations in Ipswich. The trust, which owns the property at 38 Market Street, failed meet deadlines established for cleanup of a release of oil/hazardous materials. Today's Order establishes a compliance schedule for the submittal of a Response Action Outcome (RAO), or closure. MassDEP did not assess a Penalty because Scangas Realty I consented to entering into today's Order prior to the deadline established in previously issued Notice of Noncompliance.

3/1/06: MassDEP entered into a Consent Order the City of Boston for Waste Site Cleanup violations at Condor Street Park Project in East Boston. The city is the owner of a proposed park property on Condor Street in East Boston. The location of the park project is in noncompliance with deadlines for cleanup under Waste Site Cleanup Regulations. Today's Order establishes a compliance schedule for the submittal of a Response Action Outcome (RAO) by 2/28/07. No Penalty was assessed because the City of Boston consented to enter into today's Order prior to deadline established in a previously issued Notice of Noncompliance.

3/1/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving American Finish and Chemical Company for Waste Site Cleanup violations in Chelsea. The company, which owns the property at 1012 Broadway in Chelsea, failed to achieve a Response Action Outcome (RAO), or closure, within the deadlines established in a Notice of Noncompliance issued by DEP on 1/5/05. Today's Order establishes new deadlines to return to compliance with the submittal of an RAO by 2/28/07. MassDEP agreed to suspend $15,000 of the Penalty pending compliance.

3/1/06: MassDEP entered into a Consent Order with a $3,395 Penalty regarding CR Machine Co., Inc., for Hazardous Waste Management violations in Billerica. Based on a review of the company's records, MassDEP found it was operating out-of-status due to the increased amount of hazardous waste generated at its facility on 13 Alexander Road in Billerica. Observations made during the initial inspection of the company indicate that changes in operations and implementation of waste reduction practices may allow the company to return to a Very Small Quantity Generator status. The company is pursuing that option with the Office of Technical Assistance. MassDEP agreed to suspend $1,150 of the Penalty pending compliance.

February

2/2: Worcester, (CERO): - BRP Wetlands Program executed an Administrative Consent Order and $2,000 Penalty (ACOP) with Thomas Patrick Harrington for failure to comply with a local order at his lake front single-family dwelling project on Lake Quinsigamond in Worcester. The Consent Order required Mr. Harrington to employ slope stabilization and to obtain an Amended Order for changes to the plan that had occurred in the buffer zone during construction.

**2/2: Scituate Concrete Pipe Corporation, Scituate (SERO): The Department entered into a Consent Order, dated February 2, 2006, which includes a Penalty and Supplemental Environmental Project with Scituate Concrete Pipe Corp (SCPC) for violations of the hazardous waste, solid waste, surface water/stormwater, air quality and TURA regulations. The Department inspected the facility as a result of complaints of erosion to Herring Brook in Scituate. During the course of the inspection for surface water discharges to the storm drain system feeding Herring Brook, the Department observed violations of the above stated regulations. SCPC will correct the violations and pay a penalty in the amount of $22,000. In addition to paying the penalty, SCPC will perform a Supplemental Environmental Project (SEP) valued at more than $20,000. The SEP shall consist of improving recreational opportunities in the Town of Scituate by designing, constructing and maintaining two basketball courts at Scituate High School. (Lead persons: Jena Warters, Richard Gioiosa, Atty. Tom Mason).

2/2: The Smither Group, Wesport (SERO): A Unilateral Administrative Order (UAO) was issued to the owner of a small public water supply system. The system has exceeded the MCL for total coliform for three months (Nov., Dec., Jan). Each month remedial measures were undertaken to meet the MCLs, however the Department believes that more aggressive efforts are necessary to mitigate this public health threat. The UAO also requires the owner to meet the requirements of having a certified operator assigned to the system. (Lead staff: Chuck Shurtleff).

** 2/6: MacMillan Pier, Provincetown (SERO): An ACOP was issued to the Town DPW and AGM Marine Contractors, Inc., for violations of Waterways, Chap.91, Wetlands Protection Act Regulations and 401 Water Quality Certification. The Town had applied for and received a Chap.91 License and Permit, local Order Of Conditions and a 401WQC for reconstruction and maintenance of the pier and to dredge at and around MacMillan Pier by mechanical means utilizing a silt curtain. The dredge spoils were to be dewatered and transported to an upland disposal site. In the summer of 2002 AGM Marine Contractors, while under contract by the Town, engaged in illegal propeller dredging causing an uncontained oil slick and plume and suspension and transport of pollutants in the water column. The MassDEP, Provincetown and AGM Marine entered into an ACOP, which prohibits propeller dredging, and required payment of a $6,094.00 penalty with a SEP. The SEP is to provide enhanced dockage space for residential and transient dinghies and small craft. (Lead staff: Mitch Ziencina).

2/1: Baystate Homeguard, Westfield (WERO): MassDEP entered into an agreement with this Springfield based asbestos abatement contractor to address an asbestos notification violation. The Company was assessed $8,700 for failing to properly notify MassDEP prior to removing asbestos at a vacant house in Westfield. The Company will pay $3,000, with the remaining $5,700 suspended for one year, pending compliance with the ACOP.

2/3: Angelo A. Clemenzi Revocable Trust, Beverly, RTN 3-15246 (NERO): BWSC entered into an ACOP with the Clemenzi Trust for failure to record an amendment to an Activity and Use Limitation (AUL). Under the terms of the agreement, a penalty of $25,800 was assessed, $21,800 of which is suspended pending compliance with the terms and conditions of the ACOP.

2/3: RBW, LLC, Boston, RTN# 3-18338(NERO): BWSC entered into an ACOP with RBW, LLC for failure to submit a Phase II, Phase III, Phase IV and a Response Action Outcome Statement as required by 310.CMR 40.0000. Under the terms of the agreement, a penalty of $7,500 was assessed.

2/3: Demolition Management Services (NERO): MassDEP BWP issued a Penalty Assessment to Asbestos Demolition Management Services (ADMS) for violations of the asbestos regulations. ADMS a licensed asbestos abatement contractor in Mass. performed an asbestos cleanup at 143 Franklin Street, in Arlington without filing the required notification to the MassDEP. ADMS was assessed $19,575 penalty.

2/13: White Birch Garden Apts., Hampden (WERO): MassDEP concluded an agreement with this small community public water system for failure to collect the required lead and copper samples in 2005. The public water system had previously received an NON for failure to collect the required lead and copper samples in 2004. The penalty was $600, with one half suspended.

2/13: Robert Cook Excavating & Asphalt, Gill (WERO): On February 13, 2006 the Commissioner of MassDEP signed a Final Decision on the settlement of an appeal of a UAO-WE-04-6W019 issued for placement of rock fill within a Bordering Vegetated Wetland adjacent to Bailey Brook. The settlement issued requires Cook Excavating by way of an Administrative Consent Order, ACO-WE-05-Z018-6-SETT, to remove the rock fill by May 31, 2006. Commencement of removal of the fill is expected shortly. The fill had been placed in an effort to provide access to a blocked culvert on Route 10.

2/13: Safe Environment of America, Holyoke (WERO): Mass DEP issued a demand for $1,000 to this asbestos abatement contractor for failure to comply with the SEP scheduling provisions of a 2004 ACOP.

2/16: Solutia, Inc., Springfield (WERO): MassDEP entered into an agreement with this Springfield plastics manufacturer to address a significant number of minor reporting violations. The Company has agreed to correct the violations and pay a $1,000 penalty.

2/17: Michael Cannizzaro, Southwick (WERO): MassDEP entered into an agreement with Mr. Cannizzaro providing for a penalty in the amount of $29,000.00 and restoration of the site. Mr. Cannizzaro had altered the Riverfront Area of his residence in an effort to construct a motocross track for his children. The homeowners policy will be sued to provide for suspension of $22,000.00 of the penalty provided the site is restored.

2/17: Mr. David Keenan, Amherst (WERO): MassDEP assessed a penalty of $30,222 to a residential property owner for failure to comply with previously sent Notices and Orders. The owner was first notified of his obligations in 1996 regarding a past release of fuel oil in the basement. The owner has exhibited a lengthy pattern of noncompliance and has failed to pursue remedial response actions involving a release of oil to the soils and groundwater on-site. On January 16, 2002, the Department issued an UAO and a PAN to David Keenan. The PAN informed Keenan of the Department's intent to assess a total of $4,250.00 in administrative penalties for the violations identified. The UAO required Keenan to undertake additional actions and to submit the missing phase reports. On appeal, the UAO was upheld and Keenan was ordered to hire a LSP and commence response actions within 30 days, submit a Phase II Comprehensive Site Assessment Report, a Phase III Remedial Action Plan, a Phase IV Remedy Implementation Plan, or a Response Action Outcome with supporting documentation within five months, and if no RAO is submitted within five months, then it must be submitted within eight months of this final Decision. Keenan failed to comply.

2/17: Lakeside Restaurant, Cheshire (WERO): MassDEP issued an Order to Lakeside Restaurant in connection with a sewage release at the facility and actions necessary to bring the site into compliance with Title 5. In addition, a Penalty Assessment in the amount of $27,000 was issued for the violations at the site. The Department became aware of efforts to sell the restaurant following its recent discovery of the Title 5 problems and moved quickly to ensure prospective buyers would have notice of the violations. In addition, the Department inactivated the site as a PWS as it was reported to the Department that the restaurant had been closed and the system did not have a certified operator.

2/13: Damon Pontiac, 761 Bedford Street, Abington (SERO): MassDEP entered into an ACOP that includes a $460.00 penalty with Damon Pontiac for violations of the Massachusetts Hazardous Waste Regulations. A multi-media inspection revealed: the company failed to notify as a waste oil generator, failed to operate a waste oil tank with adequate secondary containment, failed to post accumulation area signage, failed to keep the waste oil tank closed, failed to obtain an agreement with an emergency response contractor, failed to post emergency procedures, failed to provide employee hazardous waste training and failed to send copies of hazardous waste manifests to MassDEP. (Lead staff: Eric Johnson)

2/14: Rehoboth Senior Center, 55 Bay State Road, Rehoboth (SERO): MassDEP entered into an ACOP with the Town of Rehoboth that included a $4,312.50 penalty for the installation of an unapproved and unpermitted treatment system on the potable water supply at the Rehoboth Senior Center. The Town had been unresponsive to previous requests by the MassDEP to discontinue use of the treatment system. By signing the ACOP, the Town has agreed to disconnect the treatment system. (Lead Staff: Dan Disalvio)

2/16: Blackburn Auto Salvage/Blackburn Salvage Company, Hyannis (SERO): MassDEP entered into an ACOP with Blackburn Auto Salvage/Blackburn Salvage Company that includes a $5000 penalty for violations of state hazardous waste and solid waste regulations. The ACOP establishes an aggressive schedule to correct all violations and remove solid waste, particularly the large number of tires, from the site. The company will also implement an Auto Recycling and Junkyard Best Management Plan (BMP) identifying how it will manage its motor vehicle fluids, hazardous materials and solid waste. The cleanup of the site will allow for the construction of a new terminal at the Barnstable Municipal Airport; the Airport is implementing a land acquisition project as part of the expansion. (Lead staff: Cathy Kiley).

2/16: Ferreira's Used Cars and Parts, Inc., Carver (SERO): MassDEP issued a UAO to Ferreira's Used Cars and Parts, Inc. for discharging hazardous waste to the ground and contaminating the groundwater. The discharge, which included gasoline, waste oil, and other fluids, occurred when undrained motor vehicles were crushed at the junkyard. Solid waste was buried on-site and disposed, with other fill, in wetlands on the property. Other hazardous waste, solid waste, air pollution, and stormwater violations were observed at the site. MassDEP issued a PAN in the amount of $119,060 last week for the same violations. (Lead Staff: Mike Whiteside, Jean Warters, Ed Burke). 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.

2/17/06: MassDEP issued a Unilateral Order to Morse Sand & Gravel Corporation for discharging sediment to the Ten Mile River in violation of the Wetlands Protection Act. The discharge resulted from a significant pile of soil that was located within the riverfront area without proper sedimentation controls. The sediment was discharged during a rain event which resulted in the deposition of silt into a Bordering Vegetated Wetland (BVW), two hundred foot Riverfront Area to the Ten Mile River, and into the river. The Order requires that Morse cease and desist from the discharge of sediments to the river and immediately install erosion control barriers around the area. 

2/21/06: MassDEP entered into a Consent Order with Corliss Development Group in Attleboro for failing to comply with deadlines established in a Notice of Noncompliance regarding a former Pride Ford Lot, on 68-76 West Street in Attleboro. MassDEP identified violations of the requirements applicable to the Activity & Use Limitation (AUL) instrument at the site. A sixty-day deadline was established for the correction of the AUL violations. Prior to the expiration of the deadline established, MassDEP received a request that five of the six violations do not require any further action, eliminating the need to terminate and re-execute a new AUL. None of the required actions stipulated by MassDEP, however, were completed. Today's Order now establishes a deadline for recording the necessary documentation required to correct the AUL violations. 

2/16/06: MassDEP executed a Consent Order with Rutland to address issues at the new elementary school, which is currently under construction. Elements of the sewer extension were already in place when MassDEP noticed the technical deficiencies to the application, thus triggering enforcement. As part of the Order, the town will address deficiencies in the design of the grease trap. There is a $2,800 penalty which is suspended under the Municipal Policy because the Town agreed to develop a pro-active protocol for reviewing future sewer extension applications to ensure compliance with MassDEP regulatory requirements and technical guidance. Despite the need for an Order, Town officials expressed appreciation to MassDEP for prompt resolution, which allowed the work at the school to continue.

2/17, Auburn (CERO): CERO BRP executed an ACOP with Auburn to address Wetland violations. In September of 2005 MassDEP personnel inspected a stream that had been dredged by employees of the Town of Auburn Department of Public Works, and observed that approximately 800 linear feet of Stream had been dredged or altered in an attempt to improve flow. The work that was performed in the stream violated an Order of Conditions issued by the Auburn Conservation Commission. The stream is located on several private properties off of Marion Avenue in Auburn. The Town will pay $6000 in a penalty and perform restoration work.

2/17: Westborough (CERO): CERO BRP executed an ACOP with the Town of Westborough for authorizing Boston Hill Realty Trust to install and operate an unapproved pump station (the "interim pump station") adjacent to the proposed location of the approved pump station, in violation of 314 CMR 7.03. MassDEP did not approve or issue a permit for the construction of the interim pump station. The Town allowed the Trust to operate the interim pump station to convey sewage from a YMCA complex, two car dealerships, and a car wash facility while the permitted pump station was under construction, also in violation of 314 CMR 7.03. At least two sewage bypass events occurred at the temporary station. The Town will pay a $1000 penalty, and will prohibit additional hook ups from the Boston Hill site until MassDEP is assured all safeguards are in place. In addition, Westborough will develop a revised protocol to ensure that future sewer extensions are approved in compliance with MassDEP regulatory requirements and technical guidance.

2/9: St. Lawrence Cement Corporation and Boston Sand & Gravel, Island End, Everett (NERO): BRP Wetland and Waterways Program issued a PAN to St. Lawrence Cement Corporation and Boston Sand & Gravel for violating the conditions of a 401 Water Quality Certification. The Water Quality Certification was originally issued for the dredging of berthing area and approaches in the Island End River, Everett. Dredging was being conducted in violation of several of the special conditions of the WQC. This PAN was a result of a notification from Stephen Ross, NERO Emergency Response who observed the violations while reporting to an incident at a neighboring location. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

2/16: Proprietors of Linwood Cemetery, 41 John Ward Avenue, Haverhill (NERO): MassDEP BWP entered into an Administrative Consent Order with Proprietors of Linwood Cemetery (Linwood), 41 John Ward Avenue, Haverhill concerning Linwood's replacement of three older, substandard cremation units with three new cremation units. At least one of the three new units must be installed and operational within 18 months of receipt of written MassDEP Approval. Within two months thereafter, Linwood must cease operation of the older units; one month later Linwood must either permanently disable or remove the three older units. This action was taken as part of the statewide Crematory Initiative begun by MassDEP BWP in the spring of 2005.

2/17, Entegris, Inc., 80 Ashby Road Bedford (NERO): MassDEP BWP and Entegris, Inc., 80 Ashby Road, Bedford entered into an Amendment of the 5/4/05 ACOP concerning the installation and operation of pollution prevention based manufacturing equipment at the facility. Entegris demonstrated to the satisfaction of MassDEP that an additional 90 days is needed to optimize the performance of this new equipment prior to commencement of its continuous operation.

2/17, RIRO Realty Corporation, 128 Newbury Street Peabody (NERO): BWSC -DEP entered into a Consent Order involving the RIRO Realty Corporation, whose subject site is located at 128 Newbury Street, Peabody, MA, for failing to meet an Interim Deadline established in an IRA Conditional Approval letter and the deadline set in an NON for installation and startup of their groundwater recovery & treatment system. The system is required to address a Substantial Release Migration (SRM) condition and to prevent further contaminant migration off the property toward Peabody's municipal well field. The Order established a compliance schedule for completion of the response action.

2/21: Mr. Edward Foote, Salisbury Beach, Salisbury (NERO): BRP - MassDEP executed an amended ACOP with Mr. Edward Foote. The original ACOP, executed in 2000, resulted from alteration to a primary Coastal Dune on Salisbury Beach. Mr. Foote paid a penalty and conducted partial dune restoration pursuant to the ACOP. The ACOP also afforded Mr. Foote the opportunity to conduct the remaining required dune restoration in consort with the construction of a new dwelling on the site, subject to a new Notice of Intent (NOI) and receiving a Final Order of Conditions. Mr. Foote filed the NOI. However, after receiving an Order of Conditions, an abutter began a series of appeals that ended up eventually stayed before an Administrative Magistrate pending completion of a lengthy MEPA filing. Through negotiation with MassDEP, Mr. Foote withdrew the NOI for new house construction and agreed to independently complete the remaining required dune restoration. The ACOP, as now amended, includes comprehensive new plans and schedule for fully completing the dune restoration and long term monitoring.

2/21: Garland Construction Corp., Amherst (WERO): MassDEP entered into an agreement with Garland Construction Corporation, of Chicopee, to address an asbestos notification violation. Garland failed to properly notify the MassDEP prior to removing asbestos containing caulking and glazing around windows at a residence hall at the University of Massachusetts in Amherst during the summer of 2004. Garland will pay a $6,000 fine, with the remaining $2,700 suspended during a one-year compliance period.

2/23: Sears Roebuck & Co., Lanesboro (WERO): MassDEP entered into an agreement with Sears Roebuck & Co. of Hoffman Estates, Illinois, to address a discharge of hazardous waste at the Company's automotive center located in the Berkshire Mall in Lanesboro. The violation was discovered during an investigation by MassDEP's Emergency Response personnel involving a release of waste oil onto the roof and driveway of the automotive center. The discharge occurred due to overfilling of the facility's waste oil storage tank. The excess waste oil flowed out of the tank's vent pipe and discharged onto the roof, and subsequently onto the parking lot and into a storm water catch basin. Based upon information available to MassDEP, the overfill alarm for the tank was not operating. In addition to paying a $9,000 penalty, the Company has agreed to conduct an environmental audit of all of its waste oil storage and management systems at all of its automotive centers throughout Massachusetts. An additional $14,000 was suspended pending compliance with the ACOP.

2/24: Residential Property, Springfield (WERO): MassDEP issued a $30,860.00 Penalty Assessment Notice to Perron Realty Trust of Wilbraham, owner of a residential property, for failure to comply with previously issued Notices and Orders. The owner was first notified of her obligations in 2003 regarding a past release of fuel oil in the basement, which resulted in significant odors within the building occupied by tenants. The owner has exhibited a pattern of noncompliance (NONs issued in 2003, 2004 and 2005), failing to pursue remedial response actions including removal of the oil tank and removal of contaminated soils.

2/17: Brookfield (CERO): MassDEP CERO issued a UAO to Keith Blondin for violations of the Wetlands Protection Act at his property. Approximately 10,000 square feet of Bordering Vegetated Wetlands were altered as a result of unauthorized brush and tree clearing. The UAO requires the illegal alteration to cease and requires Mr. Blondin to hire a wetlands specialist to develop a plan for restoration. Follow up enforcement will also take place.

2/23: Trash Guy, Inc, Falmouth: The Department entered into an Administrative Consent Order with Trash Guy, Inc. on February 23, 2006. Trash Guy, Inc. operates a solid waste removal and disposal business in Falmouth. On July 5 and October 11, 2005 Department personnel conducted site inspections of the property located at 657 East Falmouth Highway, Falmouth, and the property located at 336 Old Barnstable Road, Falmouth and identified violations of the state solid waste regulations. The Order requires Trash Guy, Inc. to immediately cease transferring or storing solid waste at these properties and establishes an aggressive schedule to dispose of all solid waste from these properties. Trash Guy, Inc. was assessed a penalty of $4,350 for the violations. However the Department suspended the total penalty of $4,350 provided Trash Guy, Inc. complies with the requirements and does not transfer or store solid waste at these properties for one year. (Lead staff: Cathy Kiley).

2/24: Crescent Ridge, Sharon (SERO): BWP entered into an Administrative Consent Order and Penalty with Crescent Ridge of Sharon for violations of the Massachusetts Water Pollution Control and Hazardous Waste Regulations. A multi-media inspection revealed Crescent was discharging Industrial Wastewater to the ground without a valid permit issued by the Department and had installed an IWWTF without Department approval. Crescent failed to register as waste oil generator, failed to inspect a waste oil tank weekly, failed to operate a waste oil tank with adequate secondary containment, failed to post accumulation area signage, failed to keep the waste oil tank closed, failed to have an emergency coordinator on-site, failed to properly label containers, failed to post emergency procedures, failed to provide employee hazardous waste training, and was using a Temporary Identification Number The ACOP ensures compliance with the Water Pollution Control and Hazardous Waste requirements. Total penalty is $10,000.00. (Lead Staff: Tilden/Greene)

2/23: Pappas Industrial Properties, Inc., 655 Summer Street, Boston (NERO): BWSC executed an Administrative Consent Order with Penalty with Pappas Industrial Properties, Inc., owner of the property located at 135-145 Dorchester Avenue, which was the source of the contaminants uncovered on Foundry Street where Utility-Related Abatement Measure (URAM) violation occurred. Specifically, the violation was for conducting URAM activities prior to submitting an oral or written notification of the their intention to conduct URAM to MassDEP. Pappas signed and paid the penalty assessment of $4,000.

2/23: New Ventures LLC, Crow Lane Landfill, Newburyport (NERO): BWP - Attorney General Reilly filed a complaint in Suffolk Superior Court on behalf of the MassDEP, against New Ventures Associates, LLC, operator of the Crow Lane landfill, for violating its Solid Waste permit and MassDEP enforcement orders, resulting in the release of hydrogen sulfide gas from the landfill. The lawsuit also seeks a court order requiring the landfill operator to install pretreatment controls and institute other measures to stop the spread of a potent, rotten egg-like smell that resulted. In addition in the complaint Attorney General Reilly asks the Court to impose a schedule on New Ventures for submittal of the revised Corrective Action Design and the Comprehensive Site Assessment for the landfill. The MassDEP also issued New Ventures a notification that it has begun the process to access the $3 million trust established for purposes of ensuring closure and post-closure activities at the Crow Lane landfill. By issuing the notice, the MassDep has taken the initial step necessary to gain access to that trust, in the event that New Ventures fails to fulfill its responsibilities.

2/28: Town of Middleton, Middleton (NERO): BRP: MassDEP executed an Administrative Consent Order with the Town of Middleton for the upgrade of its Fire Department's septic system. The Fire Department, which has been served in the interim by a temporary tight tank, will connect to the new septic system that will serve the expanded Flint Memorial Library, located next door to the Fire Department, and the Fire Department. The Town of Middleton was awaiting a favorable Town Meeting vote for the expansion of the Library. The expanded Library and the associated septic system will be on-line by April 20, 2009.

2/21: Eagle Painting Company of Arlington: Following a report of a man dumping what appeared to be paint on a pervious bike path, Environmental Strike Force investigation and soil sampling lab results revealed that an employee of Eagle Painting had illegally dumped turpentine, in violation of applicable hazardous waste laws. Owner Panagiotos Verikos, subsequently entered into an ACOP with MassDEP, agreeing to a $10,000 penalty with $8,000 suspended upon compliance with requirements the ACOP, including hiring a contractor to remove contaminated soil and remediate the site. Eagle Painting also agreed to registered as a hazardous waste generator and to accumulate its hazardous waste in compliance with the regulations. (Strike Force investigators Carson, Spencer.)

2/27: Town of Granby, Granby (WERO): MassDEP concluded an agreement with this community concerning its Public Water System at the Town Offices. The Town Offices has experienced multiple MCL violations of the Total Coliform Rule.

2/27: Fox River Paper Company, Great Barrington (WERO): MassDEP entered into an agreement with Fox River Paper Company, LLC to address two violations of the Sanitary Sewer Discharge regulations. Both violations, attributed to residual dye that washed through Fox River's effluent waste stream, resulted in a red dye pass through to the Housatonic River. On June 14, 2005, Great Barrington Wastewater Treatment Plant Operators observed a red effluent plume at the confluence of the treatment plant outfall and the Housatonic River. On Saturday, August 20, 2005, the Treatment Plant experienced another "color pass through incident", causing a red plume that extended over 600 feet downstream of the Treatment Plant's outfall. Under the terms of the Consent Agreement, the company will pay a $12,000 penalty and will implement improvement to its equipment and processes in order to prevent future discharges. An additional $7,250 was suspended pending compliance with the ACOP.

2/27: First Acura, 16 Highland Avenue, Rt. 6, Seekonk (SERO): BWP issued a Unilateral Administrative Order and Penalty Assessment Notice with First Acura for violations of the Massachusetts Hazardous Waste Regulations. A multi-media inspection revealed that First Acura was not registered with the Department as a generator of hazardous waste or waste oil. The inspection revealed that First Acura had been generating Very Small Quantity Generator (VSQG) amounts of hazardous waste and Large Quantity Generator (LQG) amounts of waste oil. First Acura accumulated waste in excess of the time allowed by their generator status and had therefore acted as an illegal storage facility. The UAO and PAN ensure compliance with the Hazardous Waste requirements. Total penalty is $6900.00. (Lead Staff: Jack Siderwicz) This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

3/1: Town of Dartmouth, Dartmouth (SERO): MassDEP SERO has entered into an Administrative Consent Order with suspended penalty with the Town of Dartmouth establishing timelines for submittal of an Authorization to Construct application and an Authorization to Operate Application for the town transfer station. The town commenced operation of the transfer station at the site of the former town landfill upon cessation of landfilling operations. Proper permitting of the transfer station will ensure that the facility infrastructure and operations are in compliance with MassDEP regulations and will minimize the potential for groundwater contamination and nuisance conditions, maximize vector control, and promote recycling through a waste ban compliance plan to minimize disposal of waste materials generated within the town. (Lead staff: Dan Connick)

2/27: Fitchburg (CERO), BWP: MassDEP sent a UAO to Roofblok Limited of Fitchburg for violating Hazardous Waste, Solid Waste and Industrial Wastewater Regulations. The Company, a maker of decorative concrete blocks, discharged high pH wastewaters to ground, stored a large pile of solid waste (off-spec blocks) on site without a site assignment, failed to comply with numerous hazardous waste/waste oil management requirements, and basically abandoned a tank containing approximately 490 gallons of hazardous waste at the Fitchburg facility after moving its operations to a different CERO municipality. The UAO requires the company to properly dispose of the hazardous waste left behind and to properly recycle/dispose of the off-spec concrete blocks. 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.

2/28: Grafton (CERO): MassDEP entered into a Administrative Consent Order with a $5500 penalty with Air Liquide America, L.P. for failing to conduct an Immediate Response Action in an expeditious manner and failure to notify of a release which required notification within 72 hours. The Company corrected the noncompliance and paid the penalty in a very timely manner.

2/28: Lorden Oil Company, Townsend (CERO): BWSC and Lorden Oil Company have entered into an ACOP to resolve violations of waste site cleanup requirements including improper storage of contaminated soil, failure to meet response action deadlines, and failure to conduct required public involvement actions in response to a PIP petition for their facility at 59 Highland Street in Townsend. The Company has agreed to pay a penalty of $2,500 and to submit either a Response Action Outcome Statement or Remedy Operation Status by May 31, 2006. (Lead Staff: Denise Child)

2/22: Chelmsford, 27 Katrina Road, Katrina Properties, Inc. (NERO): BWSC performed an unannounced compliance inspection at the subject site and found the facility to be occupied by at least three individual entities. A forensic team have set up a lab room directly over the "hot spot" area of contamination in the northeastern corner of the facility. They have worked in this area for a period of 8-9 weeks without knowledge of the contaminant conditions associated with the migration of VOCs from beneath the building slab into indoor air. In addition, there is a North Middlesex Moving Systems (NMMS) company that has been working out of the northern side of the building since April 2005. BWSC inspected the groundwater treatment system and observed that it was off-line with a broken pipe leading from the system's holding tank. BWSC notified all of the building occupants about the condition of contaminated vapor migration into indoor air and provided key file documents. BWSC is finalizing Higher Level Enforcement actions against the owner of the site and is following up with local officials regarding permitted occupancy of this building.

2/24: Dorey Fuel Company, Inc., 262-264 Norfolk St., Roxbury (NERO): BWSC executed an Administrative Consent Order with Penalty with Dorey Fuel Company, Inc., owner of 262-264 Norfolk Street in Roxbury 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 May 25, 2005. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by June 1, 2007. In addition, Dorey Fuel Company, Inc. agreed to pay a $24,000 administrative penalty, with an additional penalty of $8,000 suspended, pending compliance with the ACOP.

2/28: Brian and Maureen Nardella, Fitzgerald Way, Beverly (NERO): BRP - MassDEP executed an ACOP with Brian and Maureen Nardella for violation of the Wetlands Protection Act (WPA). The violation was initially identified by aerial photography analysis through the Wetland Change Initiative. After receiving a WPA Certificate of Compliance from the Conservation Commission for the successful completion of their single family home on Fitzgerald Way in Beverly, the Nardellas altered approximately 2100 square feet of Bordering Vegetated Wetland (by converting it to a turf lawn without requesting or receiving WPA authorization). The ACOP requires the replication and restoration of the total amount of altered BVW and payment of a penalty totaling $1,500.

January

1/31/06: MassDEP entered into two (2) Consent Orders with $1,000 Penalty and a $14,000 Penalty involving Petro Technician, Inc. of Assonet for Waste Site Cleanup violations. The violations occurred at two sites. First, in Somerset at 266 Grand Army Highway, a vehicle accident (on 1/5/04) resulted in greater than 10 gallons of gasoline being released to the ground. Petro not only failed to submit information in a timely manner, but after MassDEP issued a Notice of Noncompliance in 8/05,Petro failed to conduct cleanup actions in accordance with the regulations and spelled out contained in the NON. The second Order involved their facility in Swansea at 2264 Grand Army Republic Highway. Environmental assessments of the property in 2003 identified oil contamination in soil and groundwater. Petro has not conducted any additional response actions at the site. In August 2005, the Department issued Petro an NON for failing to conduct cleanup actions, and Petro failed to comply with the deadlines contained in that NON as well. In addition to the two Penalties, Petro has agreed to bring the sites back into compliance.

1/31/06: MassDEP entered into a Consent Order with an $180,000 Penalty regarding Belcher Foundry of Easton for Air Quality violations. The neighborhood surrounding the foundry had experienced foundry-related odors, noise, and dust. In addition to the Penalty, the company must meet the following requirements: 1) submit a Comprehensive Plan Application to address facility emissions; 2) install an Advanced Oxidation system by 4/15/06 - this system, valued at $285,000 is expected to achieve significant emission reductions; 3) install or extend vent stack to improve engineering design and reduce local impacts; and 4) install a new septic system and wastewater recovery facility. MassDEP agreed to suspend $150,000 of the Penalty provided all terms of the Order are met.

1/30/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Amerigas Eagle Propane, LP, of Greenfield for Waste Site Cleanup violations, failing to immediately notify MassDEP of a release of up to 400 gallons of propane that occurred on 8/1/05. The release, which injured a worker, also resulted in closure of roads, evacuation of two neighboring businesses and up to 100 residences including a nearby nursing home. The Greenfield Fire Department used water streams to disperse the propane cloud, and was able to seal the valve. In addition to the Penalty, Amerigas has agreed to re-train its Massachusetts employees on proper response to releases of oil and hazardous materials; the company is a commercial propane company with facilities throughout Massachusetts.

1/30/06: MassDEP entered into a Consent Order with a $28,100 Penalty regarding H & A Remodeling for Air Quality (Asbestos) violations. The violations were uncovered during inspection of a job site at Hillside Road in Watertown. MassDEP agreed to suspend $18,100 of the Penalty provided all terms of the Order are met over a period of one year.

1/30/06: MassDEP entered into a Consent Order with a $28,100 Penalty involving Michael Rota of 116 Hillside Road, Watertown for Air Quality (Asbestos) violations. Rota the owner of the property agreed to pay $1,000 of the Penalty for the violations; MassDEP agreed to suspend $27,100 provided all terms of the Order are met.

1/27/06: MassDEP entered into Consent Order with a $1,000 Penalty regarding Fall River Ford, Incorporated of Fall River for Hazardous Waste violations. A multi-media inspection revealed that the facility was not registered with the Department as a generator of waste oil and hazardous waste. In addition to the Penalty, the company agreed to return its facility to compliance.

1/27/06: MassDEP executed a Consent Order with a $690 Penalty regarding Anderson Chrysler-Jeep of Attleboro for Hazardous Waste violations. A multi-media inspection revealed that Anderson Chrysler-Jeep was not registered with the Department as a generator of waste oil. The dealership was registered as a Very Small Quantity Generator (VSQG) of hazardous waste but was generating large amounts of waste oil, and therefore was acting-out-of-status.

1/27/06: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Berry Holding, LLC of Southwick for Waste Site Cleanup violations. The company, which owns property formerly known as Valley Gage Co., Inc. in Southwick, currently uses the site as an equipment storage facility. Berry Holdings had been issued a Notice of Noncompliance in July 2004 for not completing its established cleanup requirements, including the sampling of downgradient private water supply wells. MassDEP has agreed to suspend $4,000 of the Penalty pending Berry Holdings return to compliance.

1/27/06: MassDEP issued a $5,000 Penalty Assessment Notice Walkers Brook Landfill in Reading for Solid Waste violations, specifically altering the design of the drainage layer of the final cap. A review of the completed project by MassDEP found the changes, which had been made without approval. The project engineers developed an alternate design, and notified the Department of the need for the design modification. However, the plans and specifications for the change were never submitted for review before implemented.

1/27/06: MassDEP issued a Unilateral Administrative Order to Red Carpet Inn & Suites in New Ashford for Water Supply violations. Red Carpet, as a transient non-community public water system is required to install a disinfection system at the facility. Previously, the facility was issued a Boil Water Order, which remains in effect.

1/26/06: MassDEP executed a Consent Order with a $1,000 Penalty regarding The Smither Group of Westport. The Group functions as a small public water supply system, but failed to submit a Consumer Confidence Report (CCR) and Certification Form for calendar year 2004. The Smither Group did not comply with a Notice of Noncompliance dated 8/8/05 for the same violation. In addition to the Penalty, the company is now required to complete a CCR for the year 2004 and to remain in compliance.

1/26/06: MassDEP executed a Consent Order with Collins Apple Barn in Brimfield for Water Supply violations. As a transient non-community public water system, the Collins Apple Barn was required to register as a public water system, and has agreed to specific provisions for replacement of the current well.

1/25/06: MassDEP entered into a Consent Order with a $23,000 Penalty involving Bio Waste LLC, based in Rhode Island, for Hazardous Waste violations. In 2004, Bio Waste transported hazardous waste from various sites in Rhode Island into Massachusetts, and transported hazardous waste from three sites in Massachusetts, without a valid Massachusetts license to transport hazardous waste. The Company has agreed to apply for a license to transport hazardous waste in Massachusetts; DEP has agreed to suspend an additional $18,000 pending the company's return to compliance.

1/25/06: MassDEP issued a Unilateral Administrative Order and a $30,000 Penalty Assessment Notice to General Aviation Services, Inc., 47 Henderson Road, Beverly, for Waste Site Cleanup violations. The company is operator of property located at 47 Henderson Road (Beverly Airport). Specifically, the violations were for failure to submit an Immediate Response Action (IRA) Status Report within timelines specified in the state regulations, and the company's failure to meet deadlines established in a previously-issued Notice of Noncompliance issued (6/20/05) by MassDEP. Today's Order requires the company to return to compliance and also pay the penalty within 60 days.

1/25/06: MassDEP entered into a Consent Order with a $7,500 Penalty involving Baystate Contracting Co. & Associated Building Wreckers for Asbestos violations at locations in Springfield, Chicopee, Agawam and Holyoke. In addition to the Penalty, both companies, which are owned by the same entity, have agreed to perform a $50,500 Supplemental Environmental Project (SEP). The SEP will support the City of Springfield's efforts to revitalize EJ areas of the City by abating the asbestos and demolishing 2 abandoned residential properties.

1/24/06: MassDEP entered into a Consent Order with 1896 House Restaurant of Williamstown for Water Supply violations. The Restaurant serves as a transient non-community public water system requiring them to either install filtration and disinfection treatment or sample for microscopic particulate analysis (MPA).

1/24/06: MassDEP entered into a Consent Order with the town of Lenox-Department of Public Works/Water Division for Water Supply violations. As a community public water system, the town has reported repeated total coliform bacteria violations. The water supplier noted that it has addressed the problem, but has agreed to additional measures if another violation occurs in 2006.

1/24/06: MassDEP entered into a Consent Order with a $4,000 Penalty involving Williamson Environmental, LLC for Waste Site Cleanup violations in Palmer. Williamson, an environmental consulting and remediation company located in Harvard, Massachusetts, was cited for violating state regulations pertaining to cleanup of gasoline-contaminated soil and groundwater at a Palmer gasoline station. On May 6, 2005 and June 3, 2005, Williamson Environmental personnel operated a temporary soil/vapor extraction system at the property. The soil/vapor extraction system was operated for eight hours on both dates, and was used to extract gasoline vapors from contaminated soil and groundwater. On both dates, Williamson personnel failed to remove gasoline vapors from the air stream, in effect, discharging gasoline vapors directly to the atmosphere. Under state regulations, such discharges must be treated to prevent harmful emissions that may pose a fire and explosive hazard or potential environmental/health impact. Williamson has agreed to perform a Supplemental Environmental Project (SEP), namely to prepare and publish an outreach article for owners and operators of gasoline service stations in Massachusetts, and also distribute the article to Licensed Site Professionals, who are responsible for overseeing assessment and cleanup of releases of gasoline in Massachusetts. The article will highlight the need to treat air discharges from remediation systems and prevent direct discharge of gasoline vapors to the atmosphere. Additionally, Williamson Environmental re-trained its employees on requirements for operating remediation systems.

1/24/06: MassDEP entered into a Consent Order with Goodyear Tire & Rubber Company and Clarks Cove Development for Waste Site Cleanup violations at 545 Orchard Street in New Bedford. Specifically, the company's failed to comply with the deadlines established in a Notice of Noncompliance issued after violations were identified relative to an Activity & Use Limitation on the site. Today's Order establishes a deadline for recording the necessary documentation required to correct the AUL violations.

1/23/06: MassDEP issued a $31,720 Penalty Assessment Notice to North East Tank Technologies, LLC for Waste Site Cleanup violations at a property in Thorndike. NETT, is the US-based representative for Crown Tanks of Canada, LTD. MassDEP issued a Notice of Responsibility to NETT in 2002 for a release from an aboveground storage tank it sold in 2001 to a residence, located in Thorndike. NETT offered to conduct metallurgical testing on the tank to determine whether or not the tank was defective and provide the results to the Department. The results were never provided, and the Department has determined the testing was never performed. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

1/23/06: MassDEP issued a $1,720 Penalty Assessment Notice to Atlantic Environmental Technologies, Inc. (AET) for Waste Site Cleanup violations, specifically for submitting false and misleading statements relative to an oil-tank release (see above) in Thorndike. AET submitted information on the oil tank structure that referenced metallurgical testing results and cited laboratory findings. When contacted, the laboratory denied the results. MassDEP provided another opportunity for the firm to provide the pertinent information and repeatedly promised the information was forthcoming, which has not been received. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

1/20/06: MassDEP reached a Settlement Agreement of an Administrative Appeal and entered into a Administrative Consent Order with a $20,000 Penalty involving Leo Construction Co., Inc. for failing to respond to a Notice of Noncompliance. The Company failed to meet its Waste Site Cleanup deadlines MassDEP agreed to suspend $10,000 of the Penalty provided the company completes a Supplemental Environmental Project (SEP). Under the SEP, the company has agreed to assist in dredging of sediments of nearby Moriarty Pond.

1/20/06: MassDEP issued a Unilateral Administrative Order to Saraceno Development LLC for Wetlands violations during construction of a residential subdivision in Berkley. An inspection found Saraceno allowed discharge of siltation to a Bordering Vegetated Wetland at various locations throughout the site. The siltation was caused by the lack of maintenance of erosion control barriers. This also violated the Berkley Conservation Commission's Order of Conditions issued for this development. Today's Order requires the violator to immediately cease and desist from any activity within jurisdiction of the Wetland Protection and immediately maintain all erosion control barriers at the site.

1/20/06: MassDEP issued a Consent Order with a $6,250 Penalty to the Town of North Attleborough, Department of Public Works for violations of the Water Management Act. The Town's withdrawal from the Hillman Well exceeded the amount permitted. In addition, the town failed to conduct a leak detection and water audit survey every two years as required. A payment of $6,250 was waived in consideration of the Town's MassDEP agreed to suspend the Penalty pending the town's performance of a Supplemental Environmental Project (SEP) that will include the purchase and implementation of water billing software technology that will allow greater review and management of unaccounted-for water loss and will enhance water conservation measures.

1/20/06: MassDEP entered into a Consent Order with a $12,000 Penalty regarding Ipswich Municipal Electric Power Plant for Air Quality violations. During an unannounced inspection, the electricity-generating plant, located at 276 High Street, failed to produce on-site records to document compliance in violation of its Air Quality permit and state regulations for control of nitrogen oxide (NOx) emissions. Ipswich will henceforth comply with emission limits and purchase NOx "credits" to offset the excess NOx emissions caused by this violation. MassDEP agreed to suspend $9,250 of the Penalty pending compliance with the Order.

1/20/06: MassDEP entered into a Consent Order with a $25,800 Penalty involving Sears Roebuck Co., Inc. for Waste Site Cleanup violations at its Saugus facility. Sears, failed to record an amendment to an Activity and Use Limitation. The Department agreed does suspend $21,800 of the Penalty pending compliance with the Order.

1/20/06: MassDEP entered into a Consent Order with a $15,000 Penalty involving Boston Hill Realty for unpermitted sewer construction activities in Westborough. This includes installation of a pump station, which subsequently bypassed untreated sewage to local wetlands. Under the terms of the Order, the Trust agreed to phase out an unpermitted pump station at its Boston Hill development and to bring this property into full compliance with Department sewer maintenance and operation regulations.

1/19/06: MassDEP entered into a Consent Order with a $5,375 Penalty involving S. Bernard Garbose for Waste Site Cleanup violations at the former Garbose Metal Recycling at 155 Mill Street in Gardner. Garbose failed to notify the Department of an Imminent Hazard; failed to conduct an Immediate Response Action (IRA); and, failed to meet Response Action Outcome (RAO) Performance Standards established for the location in 1996. Additional assessment detected PCB concentrations that required notification within 2 hours and fencing to address an Imminent Hazard. Fencing was only installed after an audit inspection by the state revealed access to the site had not - as required -been restricted.

1/19/06: MassDEP issued a Unilateral Administrative Order to the Town of Greenfield for Water Pollution Control violations in connection with a discharge of sewerage from the Maple Brook sewer interceptor. In addition to the testing for the sewer interceptor, MassDEP located nearby an additional pipe which discharges to the brook. Both of these discharges are now part of follow-up enforcement action that is ongoing.

1/19/06: MassDEP entered into a Consent Order with Uxbridge Associates, LLC for Waste Site Cleanup violations. The company, which owns the former Waucantuck Woolen Mill at 325 Mendon Street in Uxbridge, failed to assess and complete cleanup of contamination first identified in 1992. The prior owner did not conduct the required assessment and cleanup. Uxbridge Associates, LLC acquired the site in 2005, and currently proposes to redevelop the property into residential units and associated park/open space. Today's Order divides the site into several areas of concern and establishes deadlines for the assessment and remediation of each of these areas to take place in coordination with the development of the site.

1/18/06: MassDEP entered into a Consent Order with Glen Mobile LLC for Waste Site Cleanup violations at 200 North Street in Danvers. The company failed to take timely response actions, including the submittal of a Response Action Outcome Statement.

1/17/06: Salem Superior Court issued a decision that was first investigated by MassDEP. Michael Theriault was sentenced to two years in the house of correction (suspended for two years) and two years of probation. Theriault pled guilty to illegal removal and disposal of asbestos from a Mill building located at 468 Canal Street in Lawrence. As a condition of the probation he is prohibited from working with asbestos and he must complete 200 hours of community service. The case was investigated by MassDEP and referred to the Attorney General's office for prosecution.

1/13/06: MassDEP entered into a Consent Order with an $11,500 Penalty involving the Springfield Cemetery for Air Quality violations. MassDEP determined during an inspection of the Cemetery its failure to operate air pollution control equipment as approved by the Department. Springfield Cemetery has agreed to perform equipment modifications at the facility and operate in accordance with its permit. MassDEP agreed to suspend $6,500 of the Penalty provided the Cemetery complies with the terms of the settlement.

1/13/06: MassDEP executed a Consent Order with a $6,500 Penalty involving Powell Stone & Gravel Co. Inc. of Lunenburg for Industrial Wastewater and Hazardous Waste violations. The Company discharged vehicle washwater to the ground without a permit, recycled waste oil without notifying the Department; and, failed to properly label and manage its waste oil. The company has agreed to bring the facility into compliance.

1/13/06: MassDEP issued a Unilateral Administrative Order and $31,720 Penalty Assessment Notice to Kevin's Auto of Somerset for Waste Site Cleanup violations. The company failed to conduct the required assessment and timely remediation of the site. Petroleum was released when a leaking underground storage tank was excavated in September 2002. MassDEP in February 2004 issued a Notice of Noncompliance to the property owner, but the property owner failed to address the contamination at the site.

1/13/06: MassDEP issued a Unilateral Administrative Order to Eaton Mechanical, Inc. for Air Quality (Asbestos) violations at a Pearl Street residence in Middleboro. The company, which is based in Brockton, was ordered to cease and desist all asbestos removal activities. Company employees removed asbestos containing insulation from the heating system in the apartment building and dismantled the boiler as part of a boiler replacement project. Today's Order requires Eaton to seal the basement to prevent a release of asbestos fibers to the ambient air and to hire a licensed asbestos contractor to clean the basement of all remaining asbestos fibers and loose bulk asbestos debris.

1/13/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Paul K. Butt Builders, Inc. for Wetlands violations at 14 Bailey Road & Hay Bale Parish Subdivision in Andover. MassDEP inspected the project site and found the activities in non-compliance with six (6) conditions, including the un-permitted alteration of approximately 1,000 square feet of Bordering Vegetated Wetland (BVW). In addition to restoring the altered BVW, the developer is required to stabilize and repair the site; maintain erosion and sedimentation controls; re-evaluate stormwater control design; and, to fully comply with the Stormwater Policy (i.e. weekly environmental monitoring and monthly reporting).

1/12/06: MassDEP issued a Unilateral Administrative Order relative to Mahoney Farms, of Sudbury for Wetlands violations. After receiving a complaint, an inspection by MassDEP found that this subdivision site development was producing large quantities of turbid, silty stormwater runoff that was entering an off-site Bordering Vegetated Wetland (BVW) through a culvert under Nobscot Road. The development is permitted under a local Order of Conditions and local by-law. However, the local officials had issued an Enforcement Notice for violations of the local by-law permit conditions that did not result in a sufficient timely response to correct the violations. Today's Order was issued to Capital Group Properties LLC (developer), Grouse Hill LLC (property owner) and Brendon Homes, Inc. (general contractor) for the violations and their failure to maintain erosion controls or take appropriate precautions to prevent erosion and siltation from entering, altering and impairing BVW, and failure to comply with seven conditions previously established. Today's Order requires immediate site stabilization, a new comprehensive erosion control plan, evaluation and restoration of affected BVW, and, monitoring and reporting, all to be approved by, and in compliance with the conditions imposed by, the Sudbury Conservation Commission.

1/12/06: MassDEP entered into a Consent Order with a $950 Penalty involving the city of Worcester for Water Supply violations. The city failed to deliver annual consumer confidence reports (CCRs) and annual statistical reports. The City is required to execute agreements with purchasing water systems to ensure that consecutive systems receive water quality data and completed CCRs at specified times in the future. The City also must meet a series of deadlines for the next two years that are aimed at establishing a pattern of compliance with all annual drinking water reporting requirements.

1/12/06: MassDEP and the Massachusetts Department of Conservation and Recreation issued a joint Unilateral Administrative Order to the Wachusetts Regional School District and TLT Construction for violations of the Wetlands, Clean Water and Watershed Management Acts. Inspections of the District's High School construction site in Rultand noted repeated failures to manage runoff. This actions follows an earlier Order (from November 2005) related to the violations, but now prohibits any additional site work until a completed Consent Order among all the parties can be negotiated and a fully engineered stormwater management plan is in place.

1/12/06: MassDEP entered into a Consent Order with a $7,500 Penalty involving Vale Realty Trust for Water Pollution Control violations in North Andover. The Trust constructed a sewer extension on Salem Street in North Andover without a valid permit from MassDEP. MassDEP agreed to suspend $2,500 of the Penalty pending compliance with all terms of the Order.

1/11/06: MassDEP entered into a Consent Order with Siasconset Water Department of Nantucket for failure to operate the public water system using a licensed primary and secondary operator, a violation of the Department's Drinking Water Regulations. The Order allows the system 30 days to provide a written staffing and comprehensive management plan for MassDEP approval.

1/10/06: MassDEP executed a Consent Order with an $850 Penalty involving Commercial Energy Management, Inc. for Air Quality (Asbestos) violations at a job site in Worcester. Employees of the company, a licensed asbestos contractor, failed to adequately seal the work area at the Worcester residence where they were removing asbestos-containing materials.

1/10/06: MassDEP entered into a Consent Order with a $2,300 Penalty regarding Baldarelli Brothers, Inc. of West Boylston for Hazardous Waste violations. On 9/8/05, MassDEP inspection revealed that the Company had not registered as a hazardous waste generator and failed to properly label their waste oil tank. In addition the company failed to mark and provide an impervious surface at the accumulation area, conduct weekly inspections and meet emergency planning and response requirements. The company has agreed to bring the facility into compliance.

1/10/06: MassDEP issued a $101,662.50 Penalty Assessment Notice to Richard Bass, the owner of a large mill complex at 468 Canal Street in Lawrence, for Air Quality (Asbestos) violations. An investigation determined that Michael Theriault, who had been hired by Bass to perform the illegal asbestos removal, removed asbestos waste from 468 Canal Street. Theriault subsequently dumped 50-70 bags of the waste generated at 90 Glenn Street in Lawrence. The dumped bags containing dry asbestos waste. That material has been repackaged, labeled, and properly disposed by a licensed asbestos removal contractor with MassDEP oversight. The basement of the 468 Canal Street was initially condemned by the Lawrence Board of Health at MassDEP's request in order to limit exposure to the commercial occupants of the building. A licensed asbestos removal contractor and asbestos consultant has since conducted the decontamination of the basement at 468 Canal Street.

1/10/06: MassDEP entered into a Consent Order with a $23,000 Penalty involving Distrigas of Massachusetts LLC for Air Quality violations at its Liquid Natural Gas (LNG) storage and distribution facility in Everett. Distrigas reported a number of emission exceedences involving Nitrogen Oxides (or NOx) emissions. Four LNG vaporizers at the 18 Rover Street facility supply natural gas to the new, adjacent Mystic Station power plant--as required by the facility's permit. Today's Order requires that Distrigas replace the existing Parametric Emissions Monitoring System--which had resulted in a number of "false positives" in the elevated NOx readings--with a new federally-certified Continuous Emissions Monitoring System that will measure and record NOx, CO and NH3 emissions. MassDEP agreed that several mitigating circumstances allowed for the $23,000 Penalty to be suspended pending full compliance with the Order.

1/9/06: MassDEP issued a Unilateral Administrative Order and $30,000 Penalty Assessment Notice to Tropicana Realty Trust for Waste Site Cleanup violations. The Trust, which owns 3139 Washington Street in Boston/Jamaica Plain, failed to submit an Immediate Response Action (IRA) Plan and an IRA Status Report within the deadline established in a Notice of Noncompliance issued by MassDEP on 3/22/05. MassDEP had also entered into a Consent Order with the Trust on 10/13/05 that contained deadlines, which the Trust has failed to meet.

1/9/06: MassDEP entered into a Consent Order with a $2,500 Penalty involving the Town of Braintree for Water Pollution Control violations. An inspection by MassDEP found a discharge from the Great Pond Water Treatment Plant to Great Pond. The discharge includes filter backwash water and clarifier water that contains suspended solids removed during the treatment process at the plant. In addition, the discharge contains chlorine and aluminum based flocculated material. The water is treated in a lagoon system that was not properly operated and maintained. Some of the lagoons had excessive residuals that had settled out of the water to the extent that cattails and other flora were well established growing out of the settled residuals. Today's Order requires the removal of the material and the proper future operation of the lagoons.

1/9/06: MassDEP entered into a Consent Order with Chateau Harmony, a community Public Water Supply System in Granby. The PWS has agreed to address noncompliance issues concerning total coliform bacteria detections in its distribution system.

1/5/06: MassDEP entered into a Consent Order with a $32,000 Penalty involving Perino Realty Trust for Waste Site Cleanup violations. The company, which owns the property at 671 Concord Avenue in Cambridge, failed to submit timely reports on the cleanup of its property within the deadlines previously established in a DEP-issued Notice of Noncompliance dating back to 6/22/2004. Perino has now agreed to return to compliance and submit final response actions by 6/30/07, and MassDEP has agreed to suspend $20,000 of the Penalty if Perino complies.

1/4/06: MassDEP issued a Demand for Payment of a (suspended) Penalty to the Berkshire East Ski Area of Charlemont. Berkshire East failed to comply with a schedule for obtaining a Water Management Act permit. 1/3/06: MassDEP entered into a Consent Order with a $17,050 Penalty involving Franklin Analytical Services for Air Quality (Asbestos) violations. Franklin is a licensed asbestos removal contractor, but failed to submit notification of an asbestos removal project at the US Coast Guard Station in Newburyport. MassDEP agreed to suspend 13,050 of the Penalty pending two years of compliance by the company.

1/4/06: MassDEP executed a Consent Order with a $6,325 Penalty involving Ryan Development LLC for Water Pollution Control violations at a development in Westford. The Company agreed to postpone further development at Primrose Plaza until it had improved the operation of its wastewater treatment and reuse system and comply with its groundwater discharge permit.

1/4/06: MassDEP entered into a Consent Order with Stow Community Housing Corporation for Water Pollution Control violations. The Corporation agreed to an enforceable schedule to bring its failing large septic system at Pilot Grove Apartments into compliance with Title 5 regulations by 11/30/06. This Consent Order supersedes a 2003 Unilateral Order.

1/3/06: MassDEP entered into a Consent Order with a $40,500 Penalty involving J. P. Carroll Company for Waste Site Cleanup violations. The company, which operates an auto-reclamation/junkyard facility at 31 Allen Street in Lexington agreed to complete cleanup and fully comply with hazardous waste management regulations. MassDEP agreed to suspend $18,000 of the Penalty provided the facility fully comply with all terms of today's Order.

1/3/06: MassDEP issued a Unilateral Administrative Order and $13,000 Penalty Assessment Notice to Richard Monahan for Wetlands violations at Salisbury Barrier Beach. Inspections determined that Monahan allowed construction of a solid structure patio and fence on a Coastal Dune and Barrier Beach at his property in Salisbury without a final Order of Conditions. Initially, when Monahan completed the work the local Salisbury Conservation Commission (SCC) issued an Enforcement Order and required him to file a Notice of Intent relative to the project. The local con-com subsequently denied the project and it was appealed to MassDEP. MassDEP denied the project and has now issued today's Orders after negotiations failed to resolve the removal of the structures and restoration through settlement. Today's Order requires removal of the patio and fence by 6/1/06, restoration and planting of the dune by 6/30/06, and, two years of monitoring and reporting. The Penalty is due by 1/24/06. 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.