December 2007

12/31/07: MassDEP entered into an Amendment to an existing Consent Order with the City of Northampton for Water Supply violations. The Amendment allows a one-month extension to the existing Order, which requires the construction and operation of a water treatment plant in order to comply with the requirements of the Surface Water Treatment Rule. The plant's operation is also expected to reduce the creation of disinfection byproducts within the water distribution system. Today's Amendment specifically sets a new deadline of January 31, 2008 for the plant to be placed on-line.

12/31/07: MassDEP entered into a Consent Order with a $15,050 Penalty regarding Target Air Systems, Inc for Asbestos violations at 22 Water Street in Natick. MassDEP personnel, in responding to a complaint from the Natick Board of Health, found that Target Air Personnel improperly removed asbestos containing material. MassDEP has agreed, in utilizing the small business policy, to suspend $14,050 of the Penalty pending compliance for a one-year period.

12/28/07: MassDEP issued a Unilateral Order and $55,414.50 Penalty Assessment Notice (PAN) to Margot Xarras for Asbestos, Solid Waste and Wetlands violations on a site off Locke Road in Leominster. Xarras owns the property, where MassDEP identified eight specific violations including the open dumping of asbestos-containing waste and other material. The fill materials resulted in the alteration of wetlands (riverfront area and land subject to flooding). The site abuts the Nashua River, and all work was done without notification (a Notice of Intent) or approval/permits. The current Order contains fifteen corrective action items, and supplements an earlier Order that required specific immediate actions that need to be taken. MassDEP will follow today's Order and PAN with additional investigation, enforcement.

12/27/07: MassDEP entered into an Amended Consent Order with a $7,000 Penalty involving 395 Lynnway, LLC, for Waste Site Cleanup violations at this location in Lynn. The owner and operator of the property requested the Amendment (originally signed on 1/9/07) in order to establish a new and necessary deadline for a phase IV until 10/1/08 and either a final outcome or remedy status no later than 10/1/2009. All other terms of the original Order remain in effect.

12/27/07: MassDEP executed a Consent Order with Doris Baer as Trustee of Farragut Realty Trust for Waste Site Cleanup violations at 3 Topsfield Road in Ipswich. As owners of the property, the Trust failed to submit cleanup reports and final outcome statement by the deadline. Previously, MassDEP had issued a notice of noncompliance on 11/1/07. The Trust contacted MassDEP as the deadline approached and agreed to new deadlines for comprehensive response actions. New deadlines have now been established to return to compliance with the submittal of cleanup reports by 1/31/08; a phase II and III by 12/31/08; a phase IV by 6/30/09; and, a final outcome or remedy status by 12/31/09. Today's Order also contains a $1,000 per-day stipulated penalty provision for noncompliance.

12/27/07: MassDEP entered into a Consent Order with a $30,000 Penalty involving Rosalia Cefalu as Trustee of Solid Realty Trust for Waste Site Cleanup violations at 69-71 Proctor Street in Roxbury (Boston). The Trust failed to submit phase II and III within the deadlines established in a notice of noncompliance issued by MassDEP on 7/11/07. New deadlines have been established, including a final outcome no later than 1/3/10. MassDEP has agreed to suspend $22,500 of the Penalty pending compliance.

12/27/07: MassDEP executed a Consent Order with Anthony Cardone, the owner and operator of 178 Tremont Street in Somerville for Waste Site Cleanup violations. Specifically, the violations were for failure to submit cleanup reports and a final outcome statement within the deadlines. New deadlines have been established in the Order to return to compliance [phase II and III by 10/30/08; phase IV by 5/30/09 and final outcome or remedy status by 1/3/10]. In addition, Cardone agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

12/26/07: MassDEP executed a Consent Order with a $2,000 Penalty regarding James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland. Lefter, the owner and/or operator of the property, failed to meet deadlines set out in a previous Consent Order executed on 11/12/06. Today's Order now requires an extension submittal by 12/30/07, a phase IV by 10/31/08 and a final outcome by 10/31/09. In addition, there is a stipulated penalty provision of $1,000 per day per violation for any missed deadline.

12/26/07: MassDEP executed a Consent Order with a $5,000 Penalty involving the Andover Village Improvement Society (AVIS) for Wetlands violations at its 6-10 Coventry Lane property in Andover. The property is part of the Amy Gordon Taft Reservation. The violation occurred from significant erosion at a stream culvert crossing, where AVIS members removed a beaver dam. The dam removal was performed after receiving an emergency permit from the Andover Board of Health. However, although the Conservation Commission agent was aware of the activity, AVIS did not request, or receive a WPA emergency permit from the Commission or take adequate precautions to protect adjacent wetland resource areas. The erosive forces within the stream at the culvert "blew out" the earthen cart path over the culvert producing sedimentation downstream and altering the hydrology to the wetlands upstream. Today's Order requires restoration at the culvert crossing including vegetation planting for stream bank stabilization and long-term monitoring. Also, AVIS is required to publish an article titled "Wetlands, Beavers and Permits" in it newsletter describing the event and the importance of the Wetlands Protection Act. Finally, the AVIS "Warden Protocol" will include revisions about educational information and instructions on how to respond to situations that occur in Wetlands jurisdiction. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance.

12/24/07: MassDEP entered into a Consent Order with Lipton, Inc., for Waste Site Cleanup violations at its location in Pittsfield. Today's order supersedes a previous Order executed during May 2007. Today's Order establishes new timelines for submittal of a Phase IV (Final Inspection Report) and a completion statement (Response Action Outcome) as well as other response actions.

12/21/07: MassDEP entered into an Amendment to a Consent Order with the Kripalu Center for Yoga and Health in Stockbridge providing for an extension of the deadline to comply. The amendment establishes a new date (August 1, 2009) for the removal of Well #1 from service due to construction within its Zone I. Kripalu, a Public Water System, will obtain its water from the Lenox Water Department, or from a new groundwater source that complies with the current regulations.

12/21/07: MassDEP entered into a Consent Order with a $2,870 Penalty regarding Ware Oakwood Ltd. Partnership for Water Supply violations in Ware. The owners of the Oakwood Mobile Home Park operate as a Public Water System, failed to complete its sanitary survey inspection required actions. The Partnership has agreed to complete the required actions no later than 1/31/08. MassDEP has agreed to suspend the entire penalty.

12/21/07: MassDEP entered into a Consent Order with a $2,300 Penalty regarding the Commonwealth New Bedford Energy Corp., LLC, for Hazardous Waste Management violations in Dartmouth. A multimedia inspection revealed the company had not complied with waste oil handling requirements and had exceeded the onsite accumulation time allowed for large quantity generators of waste oil. Today's Order ensures compliance with the regulations and the completion of a Supplemental Environmental Project (SEP).

12/20/07: MassDEP entered into a Consent Order with a $5,750 Penalty regarding Dana Wallboard, Inc., for Water Supply violations at 6 Cummings Road in Tyngsboro. Specifically, the company constructed, operated and maintained a public water supply system without prior approval by MassDEP. Today's Order requires that the company's drivers and drivers' helpers to be notified that they can no longer use the facilities in the office, but rather they must use a newly installed portable sanitation device. By doing so, the company will no longer be operating a public water supply.

12/19/07: MassDEP issued a $2,875 Penalty and a Unilateral Order to Richmore, Inc. (d/b/a the 1896 House Restaurant) in Williamstown for Water Supply violations. The company, which operates as a Public Water System, was found to have bypassed its ultra-violet treatment in violation of a consent order, which had required the installation of the disinfection equipment. The bypass was discovered after the system was notified of a positive bacteria test. The order prohibits the bypass of the treatment system and requires modification of the system to provide a physical separation on the bypass line, which was originally installed to facilitate easier maintenance of the system. Today's Order also requires similar modifications at two other facilities owned by the corporation with similar designs.

12/19/07: MassDEP entered into a Consent Order with a $26,000 Penalty involving Resource Control Inc., in Barre. The company is the operator of the Barre landfill where an inspection by MassDEP in February 2007, confirmed odor complaints within the vicinity of the landfill. Problems were identified with the gas collection system as well as the gas flare. Today's Order requires the company to install a fail-safe system for the gas flare ignition system and daily inspections of the gas collection system. MassDEP has agreed to suspend $19,500 of the Penalty pending completion of a Supplemental Environmental Project (SEP). Under the SEP, the company will replace municipal park equipment in a nearby park with new equipment made of recycled materials.

12/18/07: MassDEP issued a Unilateral Order to Auto Body Solvent Recovery Corporation for Hazardous Waste transportation violations. The Company, based in Boston, is engaged in the business of hazardous waste transportation and disposal and holds a hazardous waste transport license. The Company subcontracted with an unlicensed entity to transport hazardous waste, in violation of the terms and conditions of its hazardous waste transport license. Today's Order requires the company to cease and desist from causing, allowing, or suffering any other person to use the company's hazardous waste transport license number to transport hazardous waste to or from any location within the Commonwealth.

12/18/07: MassDEP entered into a Consent Order with an $8,000 Penalty Gennadiy Brutskiy for Asbestos violations at 148 Doty Circle in West Springfield. In response to a complaint, MassDEP inspected a dumpster behind the property and observed several pieces of loose thermal system insulation and one steam pipe insulated with thermal system insulation. Further investigation revealed that Brutskiy had removed the material from his residence and placed them in the dumpster. As part of the settlement, Brutskiy has agreed to conduct cleanup of his cellar and to comply with the asbestos regulations in the future. MassDEP has agreed to suspend the entire penalty pending compliance due to financial hardship.

12/18/07: MassDEP executed a Consent Order with a $31,000 Penalty regarding the Essex Oil Company for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead. As the owner of the property, the company specifically failed to meet deadlines set out in a notice of noncompliance issued on 8/21/03. Today's Order requires a (Immediate Response Action) status report or completion statement by 1/31/08, followed by a phase I tier classification submittal by 3/30/08. MassDEP agreed to suspend $18,500 Penalty pending compliance. IN addition, the Order contains a stipulated penalty provision for any missed deadlines.

12/18/07: MassDEP entered into a Consent Order with a $12,000 Penalty involving Allstate Boiler and Construction, Inc. for Asbestos violations in Amherst. The company, which is based in Farmington, Connecticut, failed to address a series of violations of the asbestos handling regulations at the University of Massachusetts in Amherst. The company conducted work during the summer of 2006, but failed to remove asbestos prior to demolition operations at two sites and allowed their asbestos sub-contractor to use alternate work practices during asbestos abatement operations at two other sites without prior MassDEP approval. The violations were found by MassDEP along with Federal EPA asbestos inspectors. Allstate cooperated with MassDEP in cleaning up four sites, and have not had any additional violations during the University's 2007 construction season. In addition to the Penalty, the company has arranged for asbestos training for their construction managers and site supervisors and has instituted company-wide Best Management Practices to ensure future compliance with all applicable regulations.

12/18/07: MassDEP entered into a Consent Order with Ribeiro Real Estate, LLC, for Waste Site Cleanup violations at 376 Nash Road in New Bedford. The LLC failed to comply with the deadlines established in a notice of noncompliance issued by MassDEP. However, prior to the expiration of that 60-day deadline, the LLC did request additional time to address the violations. Today's Order establishes new deadlines to correct the violations.

12/17/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding the city of Quincy for Waste Site Cleanup violations at 55 Sea Street. The city which owns and operates the property, failed to submit cleanup reports and a final cleanup action (Response Action Outcome) statement within the deadlines. New deadlines have now been set in the Order to return to compliance with the submittal of a phase II by 12/31/08; a phase III by 3/31/09; a phase IV by 9/30/09; a final outcome by 9/30/2010. The city agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order. MassDEP has agreed to suspend $7,500 of the Penalty pending compliance.

12/17/07: MassDEP entered into a Consent Order with Coca-Cola Enterprises Bottling Companies for Waste Site Cleanup violations at its 9 B Street facility in Needham. The current owner of the site failed to meet deadlines set out in a notice of noncompliance issued on 9/19/06. Today's Order requires a fain outcome by 10/31/08. The ACO contains a stipulated penalty provision for missing the deadline.

12/12/07: MassDEP issued a Notice of Noncompliance to the town of Marblehead for Water Quality violations at Stramski Beach in Marblehead. MassDEP, under its bacteria source-tracking program performed a series of site visits to sample and test water quality. The site is a bathing beach utilized by both young and old, and during the summer season there is a community boating program and an on-site summer camp at the beach for young children. An unnamed stream flowing through the site to the beach was sampled from an outfall of the piped stream coming from a residential subdivision. Several points along a 1,200-foot area in a stream leading to the beach were sampled. Consistent with prior years data collected by Salem Sound Coast watch, there were several exceedances of state water quality standards for bacteria. The Town must immediately investigate and address any possible up-stream sources of pollution and develop a water-quality monitoring plan to be reviewed and approved by MassDEP.

12/12/07: MassDEP entered into a Consent Order with a $27,774 Penalty regarding the Estate of Nicholas D. Bonadies for Waste Site Cleanup violations on Colebrook Road in Tolland. Bonadies, the owner of the property, failed to take response actions for a release of oil from an underground storage tank reported in 2004. There had been no written response to 2 notices of noncompliance issued by MassDEP. Under today's Order, the Estate agrees to complete the response actions. MassDEP agreed to suspend $27,000 of the Penalty pending compliance.

12/11/07: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Ralph Shuster Metals for Waste Site Cleanup violations at 40 Forrest Street in Attleboro. The company failed to comply with the terms and conditions of an Activity and Use Limitation (AUL). Specifically, the AUL required that an access road must be paved within one year (of 12/30/05). At the time of site inspection at the property located at 40 Forrest Street, the AUL area was not paved. In addition to the Penalty, the company is required to conduct additional response actions at the site in order to come into compliance.

12/11/07: MassDEP entered into a Consent Order with a $12,500 Penalty regarding Ted Ondrick Company, LLC, for Wetlands violations at 58 Industry Road in Chicopee. The LLC altered 7,800 square feet of riverfront area as well as additional loss or alteration of bordering vegetated wetlands and land subject to flooding as a result of expansion of the business without approval. The violation was discovered through comparison of aerial photographs. Ondrick is required to nominate an environmental consultant, submit a mitigation plan and implement the plan. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.

12/11/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Apple Tree D'Or, Inc., for Solid Waste and Wetlands violations at Morton Street in Boston. Specifically, the company accumulated trash, street litter and other debris without the proper permits, plans and the proper site assignment. Also, the company altered approximately 2,500 square feet of bordering vegetated wetland on their property. The solid waste material will be tested, and if below contaminated thresholds, sent to the Route 99 interchange in Everett (the Department of Conservation and Recreation has approved and will accept the material). The altered wetlands must be fully restored. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.

12/11/07: MassDEP issued a Unilateral Order to Hardwick Landfill, Inc. for Wetlands violations at the site in Ware. The company is required t to cease and desist further discharge of sediment into areas subject to protection in the Wetlands Protection Act and to stabilize the area to prevent further impacts. Erosion from an ongoing landfill-closure operation caused sandy material to flow into resource areas including riverfront area, bordering land subject to flooding, bank, and land under water. The company was advised that this matter is subject to additional investigation and potential penalties and remedial work.

12/10/07: MassDEP issued a notice of noncompliance to the city of Lawrence for Water Pollution Control violations. Under the Bacteria Source Tracking Program, MassDEP staff observed sewage odors and what appeared to be sewage fungus along several hundred feet of an unnamed tributary to the Shawsheen River. The tributary is located near the South Lawrence East Elementary School. Sampling confirmed elevated e coli (bacteria). Today's notice requires the city to identify and eliminate the wastewater sources from the storm-drain system tributary to the stream, as well as direct/indirect wastewater connections.

12/10/07: MassDEP issued $500 Penalty Assessment Notices to the following public water systems for Drinking Water violations: First Religious Society; Gloucester Water Department; Groveland Water Department; Middleton Golf Course II and the Mill Brook Country Day School. These systems had been issued Notices of Noncompliance in October 2007 for failure to collect and/or report required water quality samples, and did not take the required actions to return to compliance.

12/10/07: MassDEP concluded a Consent Order with an $8,625 Penalty involving eco/Springfield, LLC, for Air Quality violations in Agawam. The company operates a waste-to-energy facility at 188 M Street. The violation (involving elevated mercury emission limits) was discovered during regularly scheduled emissions tests. The facility is required to conduct quarterly emissions tests for mercury and to comply with its mercury emission limit. The first quarter of 2006 contained one individual test run for which the result was abnormally high, causing the subsequent four-quarter rolling average for mercury emissions to exceed the allowable limit. This test failure was caused by a malfunction in the facility's carbon injection unit. Subsequent emissions testing have demonstrated full compliance with the facility's allowable limits.

12/10/07: MassDEP entered into a Consent Order with an $18,000 Penalty regarding Belkis and Raphael DeLeon for Asbestos violations in Springfield. Belkis DeLeon of Methuen, Raphael DeLeon of Lawrence, violated state asbestos regulations at 25 Whittier Street, a rental property owned by Raphael DeLeon. Belkis DeLeon, Raphael's sister, directed the local manager of the property to hire someone to replace an asbestos-insulated boiler with a new boiler. Because the boiler was replaced without instituting the appropriate asbestos handling and disposal procedures, MassDEP found extensive asbestos contamination within the stairwell and basement of the building, as well as outside of the building and in the City's wheeled trash containers. At the MassDEP's directive, DeLeon retained a licensed asbestos abatement contractor to clean up the property. Stipulated penalties have been established if any further violations occur over the next two years.

12/10/07: MassDEP executed a Unilateral Order to William Eaton, Trustee of the 81 Rabbit Road Realty Trust in Salisbury for violations of the Wetland Protection Act including alteration of 2,500 square feet of Bordering Vegetated Wetland (BVW). In addition, the Trust failed to perform wetland restoration on the site and pay a penalty as agreed to in an earlier Consent Order (2/22/07). Today's Order establishes new deadlines for wetland resource area delineation, submittal and implementation of full BVW restoration plan and schedule, and, long term monitoring.

12/10/07: MassDEP issued a $30,000 Demand Letter for Stipulated Penalties to Arthur C. Lamb Company, Inc., for Waste Site Cleanup violations at 61-85 Jackson Street in Canton. The company violated the conditions in a previously agreed upon Consent Order.

12/7/07: MassDEP executed a Consent Order with a $10,300 Penalty regarding MacDermid Printing Solutions, LLC, for Waste Site Cleanup violations at 10 Harmony in Adams. The LLC was required, under an Activity Use and Limitation on the property, to maintain a protective cover over a part of the area to prevent direct contact with soil containing petroleum hydrocarbons. An audit inspection identified that a portion of the protective cover had been damaged, apparently during a spring rain event, exposing underlying soil and damaging a portion of a culvert containing Fisk Brook, which underlies the protective cover. Today's Order requires a plan, subject to MassDEP approval, to permanently repair the protective cover.

12/6/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving the National Water Main Cleaning Co. for Industrial Waste Water violations in Wakefield. The company is part of a nation-wide network of companies (Carylon Corp.) that provide municipalities with sanitary sewer lining and manhole rehabilitation services. The company was conducting manhole rehabilitation work in Wakefield when a National employee caused waste sewer lining concrete and concrete-laden wastewater to be discharged onto the bank and into a tributary to the Saugus River in Wakefield. The state's Environmental Strike Force investigated the violations. The company has now agreed to take immediate steps to prevent Industrial Wastewater from reaching surface waters of the Commonwealth. In addition, they must provide evidence that its employees have been trained in the proper management of waste material. The material in the Mill River will be cleaned in accordance with established procedure. MassDEP has agreed to suspend $10,000 of the Penalty pending compliance.

12/5/07: MassDEP has entered into a Consent Order with Shawn M. Renihan for Asbestos violations in Worcester. MassDEP observed the violations by Renihan of Oxford (d/b/a R&S Roofing) during a renovation project on Lafayette Street in Worcester. Dry, broken asbestos transite shingles had been improperly removed and then stored at the site. Today's Order requires future compliance with all applicable regulations at any future projects. Based upon a satisfactory demonstration of a financial hardship condition, the entire administrative penalty exposure was suspended for one year provided that no additional violations of the Order or other cited regulations occur.

12/5/07: MassDEP entered into a Consent Order with a $500 Penalty regarding Dong Tien Huynh for Solid Waste violations in Oxford. MassDEP observed during a 6/27/07 inspection, that Huynh of Auburn (d/b/a Alec Huynh Landscaping) at property he owns on Southbridge Road in North Oxford was in violation due to construction and demolition materials had been disposed of at the site. The location is neither site-assigned nor permitted by MassDEP for such activity. The Order requires the proper removal of the materials from the site, the subsequent disposal of those materials at a licensed facility, and payment of the Penalty.

12/5/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding John H. Magill for Solid Waste violations at his Providence Road property in Grafton. MassDEP found during a May 2007 inspection that waste asphalt materials had been stored and/or disposed of at the site, which was neither site-assigned nor permitted for such activity by MassDEP. A subsequent inspection conducted to verify the removal of that material revealed the presence of multiple piles of other construction and demolition materials at the site. In addition to the Penalty, today's Order requires the proper removal of all materials from the site and the subsequent disposal of those materials at a licensed facility.

12/5/07: MassDEP entered into a Consent Order with the town of Hadley for Water Supply violations specifically, repeat detections of total coliform (bacteria) in its community public water system. The results of the detections in August and October meant that Hadley registered as significant noncompliance (as defined in Massachusetts requirements). Hadley will report on the cause of the incidents and will take required corrective actions.

12/5/07: MassDEP entered into a Consent Order with a $1,725 Penalty regarding SEMASS Partnership, 141 Cranberry Highway in West Wareham, for Asbestos violations. The violations involved the SEMASS Braintree transfer station, which accepted special waste (asbestos) they were not permitted to take.

12/4/07: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Patrick V. Marasco Jr., for Wetlands violations at 102 Baldpate Road in Boxford and 184 Nelson Street in Georgetown. The violations by Marasco were initially identified through aerial surveillance (Wetland Change Initiative). Upon inspection, MassDEP confirmed that approximately 8,276 square feet of bordering vegetated wetland had been altered by removal of trees, maintenance mowing and construction of a fence to enlarge an area for keeping three horses. Marasco had previously been issued a Unilateral Order along with a Penalty regarding these violations. Marasco did appeal nor meet the conditions specified. Instead, today's Order supersedes and resolves those previously issued actions. Under today's Order, Marasco is required to remove the fence, restore the entire altered area, conduct and submit long term restoration monitoring on both properties. MassDEP has agreed to suspend $13,000 of the Penalty pending full compliance with the Order by 10/31/12.

12/3/07: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Nissenbaum's Auto Parts, Inc., for Waste Site Cleanup violations at 480 Columbia Street in Somerville. As the owner and operator of the property Nissenbaum's failed to meet deadlines set out in a previous Consent Order dated 8/25/06 (along with later Amendments). Today's Order requires an status or completion statement by 12/30/07 and a final outcome by 6/1/09.IN addition to the Penalty, there is a provision for additional penalties if any deadlines are missed.

12/2/07: MassDEP executed an Amendment to an existing Consent Order with a $2,000 Penalty involving the Estate of Charles N. Balestraci for Waste Site Cleanup violations at 6 Jewett Street in Rockport. The Estate is the current owner of the property and specifically, the Amendment extends the deadline for submittal of a phase IV and final outcome. The extension is based on the claim that groundwater samples are un-obtainable due to current drought conditions in the area. The Amendment requires a phase IV by 10/1/08 and either a phase V or final outcome for the site by 5/1/09.

November 2007

11/30/07: MassDEP executed a Consent Order with Chudy Oil Company, Inc, for Waste Site Cleanup violations at its Palmer facility. Gerald Chudy, as vice president of the company, agreed to the correct the violations that involved a failure to delineate the nature and extent of contamination, including the presence and distribution of non-aqueous phase liquids, the extent of contaminated soils, and the evaluation of potential vapor pathways. Today's Order establishes deadlines for performance of sub slab soil gas testing, quarterly groundwater gauging, soil tests, sampling of wells and a Stage I analysis of environmental risk to the Quabog River.

11/30/07: MassDEP executed a Consent Order with a $10,225 Penalty involving Lisa M. Pappalardo for Wetlands violations at 221 Tyler Street in Methuen. The violations were noted using aerial photography, and subsequently observed during a site inspection. The violations include filling and grading of 2,086 square feet of bordering vegetated wetland with wood chips up to 12 feet deep in some areas for horse paddocks. Pappalardo also constructed a 65 X120 indoor riding arena in the buffer zone. None of this work was authorized. Today's Order requires full restoration, long-term monitoring and reporting in addition to compliance with an approved operation and maintenance plan for the equestrian center business operations on the property. MassDEP has agreed to suspend $8,225 of the Penalty if the site remains in full compliance by 10/31/12.

11/29/07: MassDEP issued a $25,795.50 Penalty Assessment and Unilateral Order to Killion Brothers Excavation Enterprises, Inc. for both Wetlands and Waste Site Cleanup violations at two locations, 35 Beech Street and 45 Idlewild Road in Tewksbury. The wetlands violations, including alteration of approximately 2,500 square feet of bordering vegetated wetland plus alteration to bordering land subject to flooding and riverfront area on his property at 35 Beech Street. The Waste Site Cleanup violations were noted on the property at 45 Idlewild Road. Today's Order requires appropriate clean-up actions to be taken, with necessary filings and submittals made to MassDEP. In addition, full restoration of the impacted area along with long-term monitoring will be required.

11/29/07: MassDEP issued a $14,000 Penalty Assessment to James Killion (as individual) for Wetlands violations at 35 Beech Street in Tewksbury. The violations include alteration of approximately 2,500 square feet of bordering vegetated wetland plus alteration to bordering land subject to flooding and riverfront area.

11/29/07: MassDEP entered into an Amended Consent Order with a $5,000 Penalty for Waste Site Cleanup violations involving the former Tidd's Junkyard in Georgetown. Today's Order involves Georgetown West Realty Trust with Richard Morello and Jean Paquin as trustees. An earlier agreement (7/2/07) to cleanup the site resulted in a failure to comply with the deadlines. A modified Phase II and Phase III Reports and submittal of a permit extension application did not occur. Today's amended Order adds an additional $5,000 onto the existing penalty amount and extended the deadlines for submittal of Phase II through Phase IV reports.

11/29/07: MassDEP entered into a Consent Order with Ralph Cerundolo as Trustee of RC Realty Trust, for Waste Site Cleanup violations at 1092 Massachusetts Avenue in Arlington. Specifically, the Trust failed to meet deadlines set out in a notice of noncompliance issued on 8/28/07. Today's Order requires an immediate response action plan by 12/31/07, a phase II report by 6/30/09, a phase III report by 12/31/09, a phase IV report by 6/30/10 and a final statement by 12/31/10. There is also a provision for penalties if any deadlines are missed.

11/29/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving Swan Cleaners, Inc., for dry-cleaning/Environmental Results Program violations at its West Bridgewater facility. The company has agreed to correct the violations that involved the discharge of wash water from a washing machine. MassDEP has agreed to suspend the Penalty pending compliance.

11/29/07: MassDEP entered into a Consent Order with a $38,000 Penalty involving Rafic Saadi as Trustee of Tony and Son Real Estate Investment Trust for Waste Site Cleanup violations at 75 Swan Street in Methuen. Specifically, the violations involve the failure to submit cleanup reports on gasoline (petroleum) contamination identified at the property in 1997. The current owner purchased the property in 1999. The Trust has now agreed to new cleanup deadlines including completion of cleanup no later than 12/31/09. MassDEP has agreed to suspend $26,000 of the Penalty pending compliance.

11/28/07: MassDEP entered into a Consent Order with Berkshire School for Water Supply violations at its facility in Sheffield. The School, which functions as a public water system, has operated with a Declaration of Water Emergency following the failure of a well. The School has agreed to replace the well and will be adding backup storage to its system to be completed in 2008. While this work is underway, conservation measures will be undertaken.

11/28/07: MassDEP issued a $2,000 Penalty Assessment to ACT Abatement Corporation for Asbestos violations at Middleton Colony Power Plant in Middleton. MassDEP cited ACT, which is based in Lawrence, for violations at the power plant observed during an inspection. ACT personnel were seen handling dry, friable, asbestos containing material in violation of the regulations.

11/28/07: MassDEP executed a Consent Order with a $1,000 Penalty involving the city of Springfield/Roger Putnam Vocational High School for Waste Site Cleanup violations at the facility in Springfield. The city failed to provide timely notification of a release of #6 fuel oil at the Putnam Vocational High School. The City had received information (an environmental assessment report) in October 1999 regarding the presence of oil contamination in soil at the school exceeding reportable concentrations. In addition to the Penalty, the city has agreed to review its files to verify that no additional release conditions for which notification has not been provided exist, and implement a system to track environmental compliance for all its facilities.

11/27/07: MassDEP executed a Consent Order with a $33,000 Penalty involving Malden Crossing LLC, for Waste Site Cleanup violations at 178 Eastern Avenue in Malden. As owners of the site, the LLC failed to submit cleanup reports on the site's status. This site has been in the system since 1996. Today's Order will lead to the cleanup of petroleum-contaminated groundwater and soil that was first reported when a 1,000-gallon underground storage tank was removed. In addition to leaking oil, the site was found to have elevated levels of lead. MassDEP has agreed to suspend $23,000 of the Penalty pending compliance.

11/27/07: MassDEP entered into a Consent Order with a $33,000 Penalty involving Waste Site Cleanup violations at 19-21 Haverhill Street Realty Trust in Methuen. Carlos Fakhri as trustee, failed to meet deadlines set out in a Notice of Noncompliance issued on 12/13/06. Today's Order requires a tier II extension submittal by 11/30/07, an immediate response action plan by 12/30/07, a phase II report by 8/30/08, a phase III report by 11/30/08, a phase IV report by 2/28/09 and a final outcome statement no later than 8/30/09. MassDEP has agreed to suspend $25,500 of the Penalty pending compliance.

11/27/07: MassDEP entered into a Consent Order with a $6,037 Penalty involving Hollingsworth + Vose for Solid Waste violations at its facility in Walpole. Specifically, the company was in violation due to the Land Application of Sludge and Septage. A multi-media inspection revealed that Hollingsworth + Vose of Walpole failed to receive approval from MassDEP prior to the composting and reuse/distribution of the short-paper fiber-waste material that was being composted at the Lorusso Corporation facility. In addition to the Penalty, the company agreed to cease the transfer of the short paper fiber waste material to any facility for composting or beneficial use until such time that the facility obtains approval.

11/27/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving Norwell Cleaners Inc for Environmental Results Program violations in Norwell. The company has agreed to correct the violations that involved the discharge of wash water from a washing machine. MassDEP has agreed to suspend the Penalty pending compliance.

11/26/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Waverly Oaks Golf Club, Inc for Water Management Act violations at its location in Plymouth. The club failed to obtain a Water Management Act Permit for the withdrawal of water in excess of the threshold volume. Waverly Oaks operates a 27-hole public golf course at 444 Long Pond Road in Plymouth. In addition to the Penalty, Waverly Oaks agreed to reduce withdrawal amounts to below threshold, pending the outcome of the permit application process. If the Department denies Waverly Oaks a permit, the club shall submit a report to MassDEP of measures to be taken to ensure that the withdrawal is maintained below the permit threshold.

11/20/07: MassDEP entered into a Consent Order with a $47,412 Penalty involving Anthony and Joanne Gendron for Asbestos violations in Shirley. MassDEP noted the violations during the removal of asbestos exterior siding. MassDEP inspected the site, as a result of a complaint, and found that Gendron improperly removed the asbestos containing siding, without notification to MassDEP, and disposed of the dry, broken, uncontained asbestos waste materials at an abandoned building next door to this work site MassDEP has agreed to suspend the entire Penalty pending a demonstrated financial hardship, and provided there are no further violations within a year.

11/20/07: MassDEP entered into a Consent Order with a $20,000 Penalty regarding the North Acton Treatment Corporation (NATC) for Water Pollution Control violations involving its wastewater collection and treatment system at Nagog Park Development in Acton. Monitoring reports submitted on behalf of NATC reveal that there were repeated effluent and flow limit violations, due in part to excessive infiltration and inflow into the NATC sewer system. In March, 2007, MassDEP issued a Unilateral Order to NATC in response to sewer overflows at its pump stations. The Order required NATC to conduct daily inspections of the pump stations and take immediate corrective action to prevent further overflows. Under the terms of today's Order NATC will now upgrade its facility, repair the pump stations and remove inflow and infiltration entering the sewer system. In addition to the Penalty and the corrective steps, NATC will conduct a Supplemental Environmental Project that will educate users of public and private sewer systems in Acton. The project will help to address a number of operational and maintenance issues. This enforcement action ensures that 200,000 gallons per day of wastewater will be properly treated.

11/20/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Estes Express Lines for Waste Site Cleanup violations in Millbury. The company - which is based in Richmond, Virginia - failed to notify MassDEP of a sudden release of diesel fuel within 2 hours and failed to perform a timely Immediate Response Action. The release occurred at the company's facility in Millbury and resulted from a leaking diesel saddle tank. Diesel fuel flowed onto the pavement and into a storm drain and traveled to a retention pond and a second pond. In addition to the Penalty, Estes has agreed to train its drivers and dispatchers on release notification and to install spill response kits in its vehicles and at its facilities.

11/20/07: MassDEP entered into a Consent Order with a $18,312 Penalty involving Accolade Environmental for Asbestos violations at its Worcester facility. The company - which is based in Kingston, New Hampshire - was cited for violations observed during inspections of an asbestos removal project that the company conducted at 6 New Bond Street (Liberty Properties) in Worcester. The company is a licensed asbestos contractor, but it failed to adequately seal the work area and use sufficient air filtration while conducting the abatement work. MassDEP has agreed to suspend $8,312 of the Penalty pending compliance and provided no further violations occur within the next year.

11/20/07: MassDEP signed Settlement Agreements with Wheelabrator Saugus, J.V. and Wheelabrator North Andover Inc., whose representatives had signed on 11/16/07. The Agreements concern Wheelabrator's municipal waste combustor facilities in North Andover and Saugus. In December 2004 MassDEP issued operating permits for each facility. In January 2005, Wheelabrator appealed both. Subsequently, the parties engaged in lengthy settlement discussions, culminating in MassDEP's proposal to revise several terms in each permit. Both parties agreed that those revisions would resolve the issued raised in Wheelabrator's appeal and final permits were issued (10/19/07) that supersede previously -issued permits.

11/20/07: MassDEP entered into a Consent Order with Avalon Cohasset Incorporated for Waste Site Cleanup violations at 155 King Street in Cohasset, specifically the failure to comply with the deadlines established in a Notice of Noncompliance (NON). MassDEP identified violations (Class II) of the requirements associated with a Response Action Outcome (RAO) Statement at the site as a result of a comprehensive audit. A 60-day deadline was established for the correction. While a request for an extension was received prior to the expiration of the deadline, today's Order establishes written deadlines to correct the violations.

11/19/07:MassDEP executed a Consent Order with a $3,500 Penalty involving R.M. Sullivan Transportation, Inc for Waste Site Cleanup violations in Springfield. The company is the operator of the Sulco Public Warehouse in Springfield. The operator failed to properly notify MassDEP of a release of up to 50 gallons of diesel fuel that occurred at the company's warehouse property at 9:00 PM on 6/11/07.

11/19/07: MassDEP terminated the Declaration of Water Emergency and Boil Order for Pine Valley Plantation Mobile Home Park in Belchertown. The Boil Order for this facility - a Mobile Home Park for ages 55 and older - following the repair of several breaks in its distribution system and clean bacteria samples. MassDEP will continue to review additional bacteria results and provide on-site assistance to the Park in dealing with the loss of its drinking water. Also, MassDEP will work to assist in locating chlorine, and disinfecting and chlorinating the storage tank to get the system back on line.

11/17/07: MassDEP entered into a Consent Order with Rapids Restaurant for Water Supply violations in Huntington. The Order addresses certain requirements previously identified in a sanitary survey and required by MassDEP in order to ensure compliance with regulations.

11/16/07: MassDEP entered into a Consent Order with Lifoam Industries, LLC, for Air Quality violations at its facility at 2 Fifth Street in Peabody. The company manufactures expandable polystyrene foam products and on 11/9/07 a Lifoam representative contacted MassDEP and reported that an integral part of the facility's volatile organic compounds (VOC) air pollution control device (APCD) failed earlier that day. Lifoam then immediately ceased manufacturing operations. Additional information provided to MassDEP indicated that the repairs to the APCD would take no longer than 30 days to complete. Also, that a conservative estimate indicates that no more than 6 tons of uncontrolled VOC will be emitted during the repair period. Today's Order allows Lifoam to temporarily commence manufacturing operations, provided Lifoam uses best practices to minimize VOC emissions, maintain a record of all VOCs emitted during the repair period on-site and purchase, utilize and/or relinquish all VOC emission reduction credits sufficient to address the situation (on a one-for-one basis rounded to the next highest whole number); and, to balance off all excess VOC emissions, within sixty days of today.

11/15/07: MassDEP issued a Drinking Water Emergency Declaration to Huntington Water Department in Huntington. The declaration to this community public water system is necessary in order to allow a customer, a Health Center, to arrange with an approved bulk hauler to deliver water during such time that a water main is out-of-service during necessary repairs.

11/15/07: MassDEP entered into a Consent Order with John Dallas, Inc [d.b.a. Fabricare House] for Waste Site Cleanup violations at 32 Pond Street in Norwell. Previously, on 9/26/03, MassDEP received a report that stated a remedy status had been achieved and a remedial system would be relied on to provide active operation and maintenance for the purpose of achieving a permanent solution. Since then, a database review by MassDEP indicated that no subsequent submittals have been made regarding the site, and on 4/12/07, MassDEP issued the violator a Notice of Noncompliance establishing a deadline for either affirming that status or providing final closure if applicable. Today's Order establishes a deadline of 2/1/08 for violations to be corrected.

11/14/07: MassDEP entered into a Consent Order with Sterling Nursery School, Inc., for Water Supply violations in Sterling. The School was serving as an unapproved public water supply. Today's Order establishes an enforceable schedule for development of an approved non-transient, non-community public water supply system for this facility. Today's Order requires the owners to operate the on-site well in accordance with the requirements for a public water supplier and complete required upgrades to the well to maintain the safety of the supply. Given site conditions, the owners agree not to increase water usage beyond 1,200 gallons per day. All told, the actions taken will ensure that the 80 students and staff will continue to receive a safe water supply.

11/14/07: MassDEP entered into a Consent Order with Brendon Properties Two, LL for Water Pollution Control violations in Northborough. Today's Order modifies the conditions of a previously issued sewer extension permit held by the LLC. The modifications establish an enforceable arrangement for phased development of a commercial/residential complex near route 20 known as the Loop. Each phase of development, henceforth, shall correspond to the removal of infiltration and Inflow (I/I) from the Northborough sewer system, i.e. 140,000 gallons per day of I/I will be removed from the system through this process.

11/14/07: MassDEP entered into a Consent Order with a $1,600 Penalty involving Community Garage and Autobody, Inc., for Air Quality (Stage II Vapor Recovery) violations in Pepperell. During a recent inspection, MassDEP determined that the company failed to perform timely in-use compliance tests on its vapor recovery system and failed to have a current record of all persons trained to operate the system. In addition to the Penalty, the company has agreed to correct all violations.

11/14/07: MassDEP executed a Consent Order with a $29,898 Penalty involving Incom, Inc., for Hazardous Waste and Toxics Use Reduction Act violations in Charlton. The company was found to be treating (evaporating) hazardous waste, accumulating hazardous waste in excess of time limits and failing to have complete hazardous waste training and contingency plans. In addition, the company failed to complete a Toxics Use Reduction plan. Today's Order requires the company to maintain compliance with applicable regulations. MassDEP has agreed to suspend $7,498 of the Penalty pending implementation of an Environmental Management System. The action ensures that the company (a Large Quantity Generator) will properly manage its materials and waste and comply with all applicable regulations.

11/14/07: MassDEP entered into a Consent Order with a $3,000 Penalty involving 89 Commercial Road LLC, for Solid Waste violations at its Leominster property. During a May, 2007 inspection, MassDEP personnel observed the presence of crushed concrete, which had been crushed following demolition of a building on the site. The LLC has agreed to cease these activities, conduct concrete sampling and lead testing and provide MassDEP with documentation.

11/14/07: MassDEP entered into a Consent Order with Mansfield Housing Authority (MHA) for Waste Site Cleanup violations at 15 Park Street in Mansfield. The MHA is a governmental entity under the purview of the Massachusetts Department of Housing & Community Development. The MHA failed to comply with the deadlines established in a Notice of Noncompliance related to cleanup of the property. After MassDEP audit of the cleanup, a 60-day deadline was established for correction of the violations. Prior to the expiration of the deadline, MassDEP received a request from the MHA for additional time. Today's Order establishes new deadlines to correct the violations.

11/13/07: MassDEP issued a Boil Water Order to Pine Valley Mobile Home Park in Belchertown. MassDEP issued the Order due to negative pressure in the Park's distribution system. As of 11/14, the Park had water in its system and is working to keep pressures up, adding chlorine and sampling.

11/13/07: MassDEP entered into a Consent Order with a $5,750 Penalty regarding CIP Hyannis, LLC for Air Quality violations at 350 Stevens Street in Hyannis. The company failed to submit within 10 days prior to the demolition operation to MassDEP for demolition of a commercial building containing friable asbestos material (pipe insulation). The commercial building was located at 350 Stevens Street in Hyannis and was demolished as part of a new mixed-use commercial and residential development project.

11/13/07: MassDEP entered into a Consent Order with a $750 Penalty involving RMD Drywall for Water Pollution Control violations in Springfield. The company manufactures drywall sheets and was found to be discharging drywall wash water residues to a storm drain. In addition to the Penalty, the company has agreed to cease such discharges.

11/9/07: MassDEP has entered into a Consent Order with Wheelock College for Waste Site Cleanup violations at 43 Hawes Street in Brookline. The College failed to submit cleanup reports on a petroleum release from 3/12/ 02. MassDEP issued a notice of noncompliance to the College on 5/8/07. Today's Order will lead to the cleanup of petroleum-contaminated groundwater and soil emanating from the removal of several underground storage tanks.

11/9/07: MassDEP entered into a Consent Order with Sunset Farm Enterprises for Water Supply violations in Tyringham. Sunset Farm Enterprises functions as a public water system and has proposed expansion plans. The facility will need to install a new source for its operations.

11/9/07: MassDEP issued a Boil Water Order to Clover Hill Country Store (a public water supply) in Hardwick. MassDEP issued the order following total coliform and e-coli bacteria detections in the drinking water. The facility is a transient non-community system. The owner plans to replace the source. MassDEP assisted the owner in obtaining a temporary chlorinator from the town of Ware and also assisted in the installation of the chlorinator.

11/9/07: MassDEP issued the Declaration of a Drinking Water Emergency for Pine Valley Mobile Home Park in Belchertown. MassDEP issued this community public water system this Declaration in order to allow the system to bring in an approved bulk hauler delivery of water for residents. The park is a 55 and older community, with a population of about 500.

11/9/07: MassDEP entered into an Amended Consent Order with Rugg Road Realty Trust, the owner of the former "Albany Carpet Cleaners" site, 20-32 Rugg Road in Allston (Boston). The company agreed - in this, the third Amendment to the existing Administrative Consent Order for the site - to certain extended deadlines for cleanup reports. MassDEP granted the deadline extensions based on progress in abating indoor-air hazards, and provided there are no changes to deadlines for submittal of final outcome actions. Rugg Road Realty Trust must continue the Immediate Response Actions and other cleanup work at the site, and is still required to attain a (final) Response Action Outcome or a Remedy Operation Status by 5/30/08 for all but one of the site's releases. The timeline for the remaining release will also become enforceable if the IRA for this release is not completed by 5/12/08. The 20-32 Rugg Road property encompasses several inter-connected buildings with multiple tenant spaces, including limited residential usage.

11/9/07: MassDEP terminated the 1998 Consent Order with the town of Amesbury at the request of the mayor's office (Town of Amesbury). The Order established a sewer moratorium since 1986. MassDEP was responsible for overseeing a sewer bank in which the town would remove Inflow and Infiltration (I/I) into the sewer collection system. Under this Order, the town removed hundreds of thousands of gallons in 20 years of I/I work. In 1998, the Order also required the town to upgrade their wastewater treatment plan, which cost the town millions of dollars. The upgrade work increased the town's flow limit in its NPDES (surface water discharge) permit from 1.9 million gallons per day (mgd) to 2.4 mgd in 2006. The improvement was necessary as the old plant would wash out solids during heavy rainstorm events and violated its NPDES permit for several of its permit limits including flow and total suspended solids, which negatively impacted the Merrimack River. With the completion of plant upgrades and I/I removal work, the town has now completed all of its requirements and is in full compliance with its NPDES permit for over the last six months.

11/7/07: MassDEP entered into a Consent Order with the Town of Hingham for Water Management Act violations at its South Shore Country Club. The club failed to obtain a Water Management Act Permit for the withdrawal of water in excess of the threshold volume. The Town of Hingham operates South Shore Country Club, an 18-hole municipal golf course at 274 South Street. Under today's Order, the club is required to file appropriate permit application material within ninety days.

11/7/07: MassDEP entered into a Consent Order with Energy North Inc. for Waste Site Cleanup violations at 197 Essex Street in Swampscott. Today's Order includes timelines for submittal of a tier II classification, phase reports and a final outcome in order to fully return the site to compliance. This site has been in the system since 1996. This enforcement action will lead to the cleanup of petroleum-contaminated groundwater and soil that was first noted during the removal of several underground storage tanks.

11/7/07: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Jim Boyle Construction for Wetlands violations in Southampton. Boyle Construction violated its Superseding Order of Conditions (SOC) for a residential subdivision. Hay bales surrounding a bridge crossing had not been properly maintained and Boyle was working in the Riverfront Area without the required compliance monitor. No evidence of impacts to resource areas were observed as a result of the violations. A follow up inspection a few days later showed the hay bales to have been replaced and the compliance monitor on-duty.

11/7/07: MassDEP issued a Notice of Intent to Assess an Administrative Penalty of $80,586 to Harold B. Wassenar for Hazardous and Solid Waste Management violations in Uxbridge on his 100+ acre property located off Route 122 [see next item].

11/6/07: MassDEP issued a Unilateral Order to Harold B. Wassenar for Hazardous and Solid Waste Management violations in Uxbridge on his 100+ acre property located off Route 122. A multi-media inspection by MassDEP initially conducted under an administrative warrant in November of 2005, coupled with the results of a subsequent November 2006 re-inspection disclosed a total of 28 Hazardous Waste Management and Solid Waste Management violations. Today's Order requires Wassenar to immediately cease receiving or transporting any hazardous and/or solid waste materials from the site; retain a licensed hazardous waste transporter to characterize all waste materials; and, then transport those wastes to a licensed facility within 30 days. Additionally, Wassenar must retain a Massachusetts registered Professional Engineer to prepare an evaluation of all solid waste materials and impacts at the site and submit to the Department a plan of corrective actions for approval, and within 60 days of receiving that approval, remove all solid waste materials to a licensed facility.

11/6/07: MassDEP entered into a Consent Order Fire District #2 for Water Supply violations in South Hadley. The District exceeded maximum contaminant level for total coliform bacteria in September 2007. This public water supplier is a significant non-complier as a result of the September 2007 exceedance and previous exceedances in late 2006. The District must submit a report detailing the likely cause and its proposal for preventing further detections. The most recent problem was isolated to an occurrence at a greenhouse building connected to the distribution system.

11/6/07: MassDEP executed a Consent Order with Fresh Pond Gulf, Inc, for Waste Site Cleanup violations at 260 Lexington Avenue in Cambridge. The company owns operates the facility at this location. Under today's Order, the company will submit (no later than 7/30/08) a phase I report and a tier classification in order to meet Waste Site Cleanup requirements. In the event of non-compliance with today's Order, Fresh Pond Gulf. Inc. has agreed to pay $1,000/day in stipulated penalties.

11/6/07: MassDEP executed a Consent Order with $30,000 Penalty involving Albert V. Haytayan as Trustee of Viken's Real Estate Trust for Waste Site Cleanup violations at 14 Elm Street in Waltham. Specifically, the violations were for failure meet deadlines set out in a MassDEP notice of noncompliance issued on 6/9/04. Under today's Order the Trust is required to submit an immediate response action plan by 12/30/07; and, a phase I report and tier classification by 6/30/08. MassDEP has agreed to suspend $20,000 of the Penalty pending full compliance. Today's Order also contains a provision for stipulated penalties in the event of missed deadlines.

11/5/07: MassDEP entered into a Consent Order with the Wequassett Inn regarding Water Pollution Control violations at its facility in Harwich. Today's Order allows a limited number of additional hotel (rental) units prior to the construction of a wastewater treatment facility, while ensuring a strict timeline of 2009 for completion of the facility. The Inn is a resort and golf club located on Pleasant Bay in Harwich and has recently received federal (EPA) approval for its nitrogen discharge limits. The Inn is allowed a modest expansion, but is now required to obtain a groundwater discharge permit (for septic systems). The agreement allows the Inn limited expansion during 2008 season but with the provision that it must have the wastewater facility operational by 2009. At that time, the facility will be treating sewage to a much cleaner and higher degree thus significantly reducing pollutant loads to Pleasant Bay.

11/2/07: MassDEP executed a Consent Order with Richard O'Neil and Carol Gilmour for Wetlands violations in Otis. Today's Order resolves the improper installation of a culvert at their property by a prior owner. While the prior owner obtained approval to install a culvert, a longer culvert was installed. This resulted in more substantial land under wetlands and waterways impacts as well as bordering vegetated wetlands impacts. Today's Order provides for the restoration of the land under wetlands and waterways and BVW and provides an option to install a new crossing provided it complies with the current Massachusetts River and Stream Crossing Standards.

11/1/7: MassDEP entered into a Consent Order with a $39,150 Penalty regarding Compliance Corporation of Stoughton AND the United Industrial Services of Meriden, CT for Hazardous Waste (transporter) violations. Both are divisions of United Oil Recovery, Inc. of Meriden, Conn. A multi-media inspection by MassDEP found these divisions were not in compliance with certain hazardous waste management, transportation and record-keeping requirements. In addition to the Penalty the company has agreed to comply with all applicable regulations.

October 2007

10/31/07: MassDEP issued a Unilateral Order to the Winnetu Inn for Water Pollution Control (septic/Title 5) violations in Edgartown. During a MassDEP inspection it was noted that off-site odors were emanating from the Winnetu's on-site Title 5 wastewater disposal system. The Winnetu uses a large Title 5 system, over 10,000 gallons per day, to manage its wastewater. The Order requires the Winnetu to have a certified inspector evaluate the system for performance and engage an odor control expert to address the problem.

10/31/07: MassDEP issued a Demand Notice for $1,300 relative to a Suspended Penalty Payment involving Stephen Ando Paull Contractors, Inc. at 95 Turnpike Street in West Bridgewater. The company failed to comply with the terms and conditions of prior Consent Order issued on 6/13/07. At that time the Penalty involved $2,300, with$1,300 suspended, due to violations involving Solid Waste and required the facility to either cease operations and clean up the site, or pursue the designated site assignment requirements for a solid waste facility. The facility failed to submit the required application, resulting in today's Suspended Penalty Payment Demand Notice.

10/31/07: MassDEP executed a Consent Order with a $14,000 Penalty involving, James J. and Constance Cavanaugh for Wetlands violations at 12 Doris Avenue in Billerica. The residential site was identified for investigation through the Wetland Change Initiative and upon inspection, MassDEP then found that clear cutting trees of other vegetation altered 11,000 square feet of Bordering Vegetated Wetland. The ACOP requires restoration of the BVW, long term monitoring, a paid penalty of $2,000 and additional $12,000 suspended if in compliance by 10/31/2012.

10/30/07: MassDEP entered into a Consent Order with an $18,500 Penalty involving Frank G. Diorio as individual and as president of "A Touch of Class Cleaning Services" for Wetlands violations at 755 Haverhill Street in Rowley. MassDEP received a request to investigate the residential/commercial site by the Rowley Conservation Commission and discovered that 2,500 square feet of Bordering Vegetated Wetland (BVW) and 5,000 square feet of Riverfront Area (RA) had been altered by removal of trees and deposition of yard waste. Others had performed the activity without Diorio's knowledge during an extended hospitalization and rehabilitation. Today's Order requires full restoration of those areas with long term monitoring. MassDEP has agreed to suspend the entire Penalty if in full compliance by 10/31/11.

10/30/07: MassDEP Commissioner issued a Final Decision relative to The Pierce Family Trust in Northborough. The action settles an appeal of a MassDEP Unilateral Order issued to the Trust (5/9/07) as a result of its continued failure to comply with cleanup requirements. Under the terms of today's Decision, the Trust is required to submit a Phase IV Completion Statement, and either a Remedy Operation Status or a Response Action Outcome Statement, if applicable, on or before 12/31/08. In addition, quarterly status reports will be submitted by the Trust through to the completion date.

10/30/07: MassDEP entered into a Consent Order with a $1,000 Penalty involving Independent Burner Service for Waste Site Cleanup violations in Hull. The company failed to notify MassDEP (as required) after a 60-gallon release of #2 fuel oil at a residential property. In addition to the Penalty, the company will conduct a Supplemental Environmental Project. Under the SEP component, the company will provide "DEP magnets" which inform its customers of the need to call MassDEP in the event of a sudden release of oil or hazardous materials to the environment.

10/30/07: MassDEP executed a Consent Order with Aram Arvanigian for Waste Site Cleanup violations in Oxford. MassDEP found during an audit of response actions previously conducted relative to the cleanup of petroleum at a gasoline station, that the requirement to sample all private wells located within 500 feet had not been met. Arvanigian was issued a Notice of Noncompliance following the audit. Arvanigian complied, but submitted pre-existing sampling data, not including all pertinent wells, and the analyses were not appropriate for the site contamination. Today's Order requires Arvanigian to conduct the required sampling and submit a revised Response Action Outcome Statement.

10/30/07: MassDEP entered into a Consent Order with the United States Postal Service for Waste Site Cleanup violations in Uxbridge. Specifically, the violations involve its failure to meet response action deadlines for a release of fuel oil at its Main Street facility located in North Uxbridge. USPS had originally received a March 2005 Notice of Noncompliance for its violations, but has subsequently failed to meet established deadlines established for its returning to compliance. Under the terms of today's Order, USPS will submit a Response Action Outcome Statement (final outcome) no later than 12/20/08.

10/30/07: MassDEP executed a Consent Order with a $2,800 Penalty involving Omar Wenger for Air Quality violations in Bellingham and Mendon. Wenger is the principle proprietor at T&T Trailer Sales at 123 Uxbridge Street in Mendon, and a partner in the Pennsylvania Farmer Boy, Limited Partnership at 800 Pulaski Boulevard in Bellingham. At these locations, Wenger operated outdoor wood-fired boilers at each location where air emission violations (smoke and odor) were detected. MassDEP has agreed to suspend the entire Penalty since both units are no longer operational and will remain so. However, today's Order will allow neighbors of the two facilities relief from nuisance smoke and odor conditions that were caused by the operation of these units.

10/30/07: MassDEP executed a Consent Order with a $1,100 Penalty involving Mohawk Drive Corporation for Hazardous Waste Management violations at its Leominster facility. During a recent inspection conducted with a member of the Leominster Board of Health, MassDEP determined that six 55-gallons drums of waste oil, generated by a previous occupant of the building that is no longer in business, had been stored outside of the facility for a period of time in excess of that allowed by the regulations. Once notified of the violation, the Mohawk Drive Corporation, which currently owns the building, took immediate action to properly dispose of the waste oil. Today's Order requires continued compliance with all applicable regulations.

10/30/07: MassDEP executed a Consent Order with a $12,960 Penalty involving the United States Army Reserve Forces Training Area for Hazardous Waste Management violations in Devens. MassDEP conducted a January 2007 multi-media inspection of the installation (where military training for reserve forces are held), and found a failure to post emergency information near a waste oil accumulation area, failure to provide an impervious surface under the hazardous waste accumulation area, and storing waste oil for a period in excess of the allowable 90-days. In addition, the facility failed to ship waste off-site in a timely manner, and is a repeat violation to one that was previously cited (7/8/04). In addition to the Penalty, the US Army has agreed to achieve compliance with all applicable regulations.

10/29/07: MassDEP issued a Request for Information relative to possible bacteria source(s) to the town of Wellesley. Today's Request follows inspections conducted as part of the Bacteria Source Tracking program. DEP staff collected bacteria samples in Fuller Brook, which indicated elevated E. coli counts in the reach between Cottage Street and Dover Road. Today's Request requires the town to inspect all outfalls in this section of the brook, and sample those running in dry weather, as well as at an upstream subsurface location.

10/27/07: MassDEP issued a $25,260 Penalty Assessment Notice to G. Rama Construction for Asbestos and Demolition (Air Quality) violations in Holyoke. The company, which is based in New York, failed to file notification for activities and did not follow proper asbestos removal procedures. Representatives of the company failed to attend two enforcement conferences.

10/26/07: MassDEP Amended an existing Consent Order involving 40 Rugg Road, 84 Braintree Street and 10 Penniman Road in Allston. Today's Amendment allows the former Sunshine Laundry and adjoining properties to extend one specific deadline relative to Waste Site Cleanup deadlines. The current owner, Eljen Corporation, requested an extension due to technical requirements relative to the submittal of a specific report on the proposed Immediate Response Action to address current Imminent Hazard conditions from soil-vapor infiltration at the site. The subject report in question has now been received at MassDEP. All other deadlines and terms from the original Order (as executed on 5/24/07) remain unchanged.

10/26/07: MassDEP executed a Consent Order with a $2,000 Penalty involving Extell Cambridge, LLC for Waste Site Cleanup violations at 303 Third Street in Cambridge. Extell is the owner and/or operator of the property where it failed to meet deadlines set out in a previous Consent Order issued on 6/6/06. Today's Order establishes a final Response Action Outcome by 6/30/08. In addition to the Penalty, today's Order also contains a provision for stipulated penalties for any missed deadline.

10/26/07: MassDEP issued a Unilateral Order to Bonnie B. Besse for Wetlands violations in Rutland. MassDEP found (during a 10/23/07 inspection) that construction activities off of Maple Avenue in Rutland failed to adequately install and maintain erosion control measures. The specific area affected is a tributary to the Pine Hill and Wachusett Reservoirs, and are classified as Class A Outstanding Resource Waters. The Order required immediate stabilization of all work areas containing exposed soils, the hiring of a wetlands scientist/engineer to evaluate and quantify the impacts to the wetlands resource areas, and submission of a plan to restore those areas.

10/26/07: MassDEP entered into a Consent Order with a $6,525 involving Barile Environmental, Inc. for Asbestos violations in Pittsfield. MassDEP's received a complaint regarding removal of asbestos-containing thermal insulation from a boiler and its ancillary pipes. MassDEP determined that Barile failed to file the proper notification prior to the asbestos removal work. MassDEP has agreed to suspend $4,525 pending compliance and a three-year probationary period.

10/26/07: MassDEP has entered into a Consent Order with an $10,700 Penalty involving Marcor Remediation, Inc of Springfield for Asbestos violations. MassDEP has agreed to suspend $2,700 of the Penalty pending a one-year probationary period. The violations involved improper removal activities involving spray-on asbestos at a retail location in Springfield.

10/26/07: MassDEP entered into a Consent Order with a $10,000 Penalty involving Superior Mechanical Contractors, Inc. due to Asbestos violations. The violations involve improper removal of a boiler that was insulated with asbestos at a residential property in Springfield. The company did not use the proper asbestos handling procedures during the removal and replacement of the boiler. The asbestos containing insulation was left in a dry state and not containerized.

10/26/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving F.L. Roberts and Co., Inc. for Air Quality (vapor-recovery) violations and Hazardous Waste Management violations in Springfield, Palmer and Whately. MassDEP had previously inspected three of F.L. Robert's facilities and issued Notices of Noncompliance. A re-inspection of the same facilities revealed some of the same and additional violations.

10/25/07: MassDEP amended a previous Water Emergency Declaration to Whately Water District in Whately. The Order and Declaration now includes a provision approving the delivery of transported water into the Whatley Water District system.

10/24/07: MassDEP executed a Consent Order with a $24,792.50 Penalty involving Northeast Recycling, Inc. for Air Quality violations at its Dudley facility. The company, which is based in North Grosvenordale, Connecticut failed to provide notification to MassDEP for a demolition of a former auto dealership in Dudley and a structure where asbestos-containing materials were located. The company agreed to maintain future compliance and MassDEP agreed to suspend $23,792.50 of the Penalty based upon the Company's successful demonstration of financial hardship condition.

10/24/07: MassDEP executed a Consent Order with an $8,500 Penalty involving Wachusett Mountain Associates, Inc., for Air Quality and Solid Waste violations at its Princeton location. In response to a referral from a Department of Conservation and Recreation (fire warden) MassDEP found the company was burning debris including logs, construction materials, pressure treated lumber, sod and plastics in an open area on the property. The activity was determined to be in violation of both Air Quality (open burning) and Solid Waste (improper disposal) regulations. In addition to the Penalty, the company has agreed to fully comply with all applicable regulations.

10/24/07: MassDEP entered into a Consent Order with Walpole 1333 LLC for Waste Site Cleanup violations at 1333 Main Street in Walpole. The corporation failed to comply with the deadlines established in a MassDEP Notice of Noncompliance. MassDEP had identified 15 violations of Waste Site Cleanup requirements including the Activity & Use Limitation (AUL) instrument in place for this specific location. A 60-day deadline had been established in the NON for the corporation to come back into compliance. Prior to the expiration of the deadline, MassDEP received a request from the corporation's consultant in which additional time was requested. Today's Order establishes new deadlines with assurances of compliance.

10/24/07: MassDEP issued a $32,220 Penalty Assessment Notice to Boyle Industries, Inc for Hazardous Waste management and Wetlands violations at its facility in Billerica. The company was also found to be storing road salt in violation. In addition to the Penalty, the company is required to comply with the hazardous waste management law, prepare a surface and groundwater discharge plan, a wetlands restoration and monitoring plan, and relocate or cover the (salt/chemical) snow removal pile.

10/23/07: MassDEP Environmental Strike Force participated in the case filed by the Massachusetts Attorney General's Office in Middlesex Superior Court involving the Commonwealth versus Stephen Swisher. Case began in response to observations made by a jogger to MassDEP, which investigated. The inspection was then referred for criminal prosecution a case involving abandoned drums of waste that were found in wooded residential areas and adjacent to wetlands that are in turn connected to the Lexington public water supply source. Swisher, the former president of Pacetti Corp., a metal finishing company, has now been indicted. The Attorney General prosecuted the case with assistance from the Environmental Crimes Strike Force and the Environmental Police. Swisher was scheduled be arraigned on 11/15 in Middlesex Superior Court in Cambridge.

10/23/07: MassDEP issued a Unilateral Order to Western Mass Environmental, LLC for Hazardous Waste Management violations in Uxbridge. The Westfield-based company is ordered to immediately cease and desist from transporting hazardous wastes in the Commonwealth without a valid transporter license. Investigations and inspections conducted by MassDEP revealed the company has been transporting hazardous wastes both in and out of the Commonwealth using another company's valid transporter license through a business agreement. MassDEP received In June 2007 an application by Western Mass Environmental LLC for a Hazardous Waste Transporter License. That application has been under review.

10/19/07: MassDEP, along with the city of Boston's Environmental Strike Team, inspected the Grant Company at 28 R Wolcott Street in Boston. A complaint by the city of improper asbestos abatement found a contractor, Nealco Environmental, a licensed asbestos removal company was performing asbestos remediation at the site as required. However, the inspectors found several violations and the removal operations were shutdown jointly by the City of Boston and MassDEP. Nealco was instructed to submit a detailed plan of steps to be taken to return to compliance. The plan will be reviewed (and must be approved) by the City of Boston and MassDEP before work is allowed to resume. Enforcement investigation is continuing.

10/17/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving David & Jayne Peng for Wetlands violations at 51 Southern Boulevard in Newbury. The violations entailed the removal of 2,247 square feet of natural vegetation, substituting that with turf grasses on a Coastal Dune and Barrier Beach (Plum Island). This activity was performed in non-compliance with a previously issued Order of Conditions that specifically required preservation of such dune vegetation. MassDEP has agreed to suspend $14,900 of the Penalty pending full compliance, including full restoration of the Coastal Dune.

10/17/07: MassDEP entered into a Consent Order with a $8,250 Penalty involving Construction Service for Industrial Wastewater and Hazardous Waste Management violations in Wilbraham. The violations involved the discharge of concrete truck wash water to the ground and not registering its waste oil burner with MassDEP. The company, which is listed as a division of Dauphinais and Son Inc., fully cooperated with MassDEP to address its noncompliance. MassDEP has agreed to suspend $1,750 of the Penalty pending compliance.

10/17/07: MassDEP assisted the Massachusetts Attorney General's Office in resolving the environmental violations at Boott Hydropower, Inc, at 145 Pawtucket Street in Lowell. The agreement resulted in a $125,000 Penalty. Boott Hydropower, Inc. failed to notify MassDEP of an oil spill at its Lowell plant, which subsequently leaked into the Merrimack River. Boott Hydropower agreed to the $125,000 Penalty in connection with the release of fuel oil that occurred in June 2005. One of the two turbine units at its plant malfunctioned and leaked hydraulic oil into the river. The Lowell Fire Department and MassDEP responded to reports of the oil sheen on the surface of the river and conducted an investigation, finding that the plant was the source of the oil sheen. Today's complaint lodged by the AG's Office asserts that Boott Hydropower violated Chapter 21E (of Massachusetts General Laws) and the MCP (Waste Site Cleanup regulations) by failing to notify the MassDEP within two hours of the release of the oil from its plant. Additionally, Boott Hydropower violated MCP-reporting requirements by submitting reports containing inaccurate and inconsistent statements concerning the time of notification and the amount of oil released or threatened to be released. The complaint also asserted that the release of oil to the Merrimack River was a violation of the Massachusetts Clean Waters Act. In addition to the Penalty, Boott Hydropower agreed to develop and implement an Environmental Management Systems for its plant.

10/16/07: MassDEP executed a Consent Order with a $1,000 Penalty involving the town of Auburn and Waste Site Cleanup violations, specifically the failure to submit a written Release Notification Form and an Immediate Response Action Plan within 60 days of having provided (verbal) notification of a release. In addition, the town failed to submit a Response Action Outcome Statement within one year of the notification. The release occurred when a hydraulic line on a dump truck owned and operated by the Auburn Department of Public Works ruptured, releasing hydraulic oil along a public road as it traveled. In addition to the Penalty, today's Order requires the town submit all the required documents (which have now been received) and that the town develop and implement a spill management plan.

10/16/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving Curtis-Wright Controls, Inc. for Hazardous Waste Management violations in Littleton. The company was found to be accumulating hazardous wastes for periods longer than allowed under its registered generator status and it had treated small amounts of hazardous waste. In addition to the Penalty and restoring the facility to compliance, Curtis-Wright has agreed to develop and implement an Environmental Management System. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.

10/16/07: MassDEP has executed a Consent Order with a $10,000 Penalty regarding Alfred A. DaPrato & John H. Tweed for Solid Waste violations at 110 Elm Street in Bellingham. The two Blackstone residents are lead officers of the former Elm Manor Corporation where MassDEP discovered illegal solid waste disposal activities in July 2005, and subsequent April 2006 incidents involving the illegal open burning of solid wastes. Since the Corporation was involuntarily dissolved by the Massachusetts Secretary of State. Today's Order also requires that all solid wastes remaining on the Site be removed and properly disposed of at a licensed facility.

10/16/07: MassDEP executed a Consent Order with a $2,000 Penalty involving R. Bates & Sons, Inc., a Clinton-based contractor. During an inspection conducted in December 2006, MassDEP observed the presence of improperly disposed solid waste materials on R. Bates' property located adjacent to the town of Clinton's closed landfill on South Meadow Road. Today's Order requires the company to remove the improperly disposed of materials for off-site recycling/disposal. In addition to the Penalty, the company has agreed to perform an $18,700 Supplemental Environmental Project (SEP) that will be designed towards the goal of improving the town of Clinton's recycling capabilities at its Department of Public Works yard.

10/11/07: MassDEP issued a Notice of Noncompliance to the Boston Water & Sewer Commission due to Water Pollution Control violations. MassDEP inspected stormwater outfalls (in connection with the Bacteria Source Tracking program) and observed wastewater solids and sewage odors at four stormdrain outfalls draining to the Neponset River. Sampling confirmed high E. coli (bacteria) counts in the flow from the drains. Today's NON requires the Commission to identify and eliminate the wastewater sources from the storm drains.

10/9/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Jeffrey Warner in connection with the Water Pollution Control (septic/Title 5) and Wetlands violations (also part of previous item) in Cheshire. Warner was the contractor. In addition to the Penalty, Warner has agreed to bring the site back into compliance and restoration of the Wetlands. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance for a period of 3 years.

10/9/07: MassDEP entered into a Consent Order with a $6,000 Penalty involving W.J. Quinn Company for Asbestos violations in East Longmeadow. MassDEP discovered the violations at the St. Paul's Lutheran Church, located in East Longmeadow, after a complaint from another contractor alleged that asbestos floor tiles were being mis-handled during renovations to the cafeteria. MassDEP found pieces of asbestos floor tiles on the floor in the cafeteria as well as on the sidewalk, lawn and parking lot. Management of W.J. Quinn cooperated during the investigation and was thereafter responsive with proper cleanup of the site. MassDEP has agreed to suspend $3,000 of the Penalty pending a two-year probationary period.

10/9/07: MassDEP executed a Consent Order with Trull Brook Realty LLC for Waste Site Cleanup violations at 450 Clark Road in Tewksbury. The corporation is required to meet specific timelines for submitting Phase Reports and achieving a final outcome at the site. Since this site has been in the system since 1987, this enforcement action ensures final cleanup of contamination that began as a result of the removal of an underground storage tank and the discovery of gasoline-contaminated groundwater and soil. The Lowell Regional Area Transit Authority is now located at the site.

10/9/07: MassDEP executed a Consent Order with a $5,750 Penalty involving Benson Enterprises, Inc., for Industrial Wastewater violations at its Easton facility. Benson operates a pre-cast concrete business. A MassDEP inspection found an un-permitted discharge of industrial wastewater to the groundwater. Wash-water would be allowed to run off trucks through a chute and into an unlined wastewater pit. The discharge of a high-pH concrete-concentrated wastewater would enter the ground. Following the inspection, Benson cleaned out all concrete debris within that pit and brought the excavated material to a recycling facility. In addition to the Penalty the company has agreed to fully comply with all applicable regulations.

10/9/07: MassDEP entered into a Consent Order with a $26,485 Penalty involving Joseph and Diane Servidio for Asbestos violations at 65 Montgomery Street in Westfield. After receiving complaints, MassDEP found that Servidio had retained unlicensed workers to demolish two greenhouses and their associated flower beds. The Servidios did not follow the necessary pre-demolition, asbestos-handling and asbestos-disposal procedures. MassDEP found regulated asbestos materials co-mingled in the structures' rubble. Thereafter, the Servidios retained a licensed asbestos abatement contractor to clean up the site. MassDEP has agreed to suspend $6,485 of the Penalty pending full compliance during the one-year probationary period.

10/9/07: MassDEP Commissioner signed a Final Decision involving S&R Corporation and Air Quality (dust-demolition) violations at the former Northampton State Hospital. The decision resolves an appeal of a previously issued Penalty and as a result, the S&R Corporation of Lowell will pay a $645 Penalty within 30 days.

10/7/07: MassDEP participated in a case resolved today in Worcester Superior Court: the Commonwealth v. Joseph Hamel. Earlier this year, MassDEP's Strike Force surveillance camera recorded the theft of surveillance equipment itself (the camera). Defendant Hamel was recently arrested by the Worcester Police Dept., charged with larceny and malicious destruction of property, and arraigned in Worcester District Court. The police were able to return the stolen (undamaged) camera equipment.

10/5/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving Mary Nosal of Cheshire for Water Pollution Control (septic system/Title 5) and Wetlands violations. Nosal is the owner of a single family home where violations occurred during the construction. MassDEP has agreed to suspend the entire Penalty pending compliance with all applicable regulations.

10/5/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Jason Turner in connection with the Water Pollution Control (septic/Title 5) and Wetlands violations in Cheshire (see previous item). Turner was former part-owner. In addition to the Penalty, Turner will ensure that the Title 5 system is brought into compliance and the restoration of the wetlands, as well as compliance with all regulations for a period of three years. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.

10/5/07: MassDEP issued a Water Emergency Declaration to the Whately Water District in order to allow the use of Well #3, an emergency source. The Emergency was requested due to low well production from its other sources. The District also experienced high total coliform (bacteria) counts in the distribution system and at the storage tank. MassDEP has loaned the system a feed pump and tank to provide consistent chlorination and provided technical assistance. Other assistance to Whately was provided by the Mass Rural Water Association and the City of Northampton. The atmospheric tank is the suspected source and will be emptied, cleaned and inspected.

10/5/07: MassDEP participated in a case in Worcester Superior Court which today issued a temporary restraining order to Blair Enterprises, Inc. to stop all construction at a 53-lot subdivision in Rutland. The developer has failed to comply with an Order of Conditions, Water Quality Certificate, and a watershed variance (issued by the Department of Conservation and Recreation). The developer has altered approx. two acres of Bordering Vegetated Wetlands and five acres of a pond. The area is part of the Ware River watershed, which provides drinking water to the greater Boston metropolitan area via the Massachusetts Water Resources Authority.

10/4/07: MassDEP executed a Consent Order with a $3,200 Penalty involving Keystone Freight Corporation for Waste Site Cleanup violations in Sturbridge. The corporation, which is based in North Bergen, New Jersey, failed to notify MassDEP of a sudden release of diesel fuel within the required 2-hour timeframe. The release occurred when a tractor-trailer owned and operated by Keystone Freight over-turned into the median strip from the eastbound lane of Route 84, across from a rest stop area in Sturbridge. In addition to the Penalty the company has agreed to comply with all applicable requirements.

10/4/07: MassDEP issued a Unilateral Order to the North Attleborough Commerce Center, LLC for Asbestos violations at 888 and 896 North Main Street in North Attleboro. The corporation is ordered to cease and desist from all activities related to asbestos abatement work and to secure any visible asbestos debris located outside to prevent additional asbestos emissions. MassDEP issued the Order after a 9/24/07 inspection of the property. In addition to on-site violations, the corporation failed to submit written notification to MassDEP for the asbestos removal as required. MassDEP has instructed the property owner of the need to hire a licensed Asbestos Designer and a licensed Asbestos Contractor to assess the extent of the asbestos violations and to take measures to achieve compliance and/or contact MassDEP to obtain guidance for the cleanup of the site.

10/1/07: MassDEP entered into a Consent Order with a $5,500 Penalty involving Bay State Circuits, Inc. for Waste Site Cleanup and Hazardous Waste Management violations in Northborough. The company has agreed to correct the violations including its failure to meet the performance standards for the Remedy Operation Status (Waste Site Cleanup agreement). The company will also, correct the improper storage of hazardous waste and remediation waste. A revised Remedy Operation Status Opinion will be submitted within 90 days.

10/1/07: MassDEP entered into a Consent Order with a $12,606 Penalty involving Fabric Cleaners, Inc., for Air Quality, Industrial Wastewater, Waste Site Cleanup and Hazardous Waste Management violations in Milford. The company failed to notify MassDEP of the release of tetrachloroethene (Waste Site violations); and, failed to comply with operational requirements for its dry cleaning machine and discharged washing machine wastewater, an industrial wastewater, to a storm drain without approval. MassDEP has agreed to suspend $12,606 of the Penalty based on the company's small-business designation and provided the company brings the facility into compliance and to remain so.

10/1/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving SemiCon Precision Industries, Inc. for Hazardous Waste Management, Toxics Use Reduction Act (TURA) and Industrial Wastewater violations at its Southbridge facility. During a recent inspection, MassDEP found: the company operated an Industrial Wastewater pre-treatment system without personnel properly licensed to do so; failed to file the appropriate TURA report; failed to properly mark and label hazardous waste containing drums; and, failed to properly post and delineate its hazardous waste accumulation area. In addition to the Penalty, the company has agreed to bring the facility into compliance.

10/1/07: MassDEP entered into a Consent Order with a $3,300 Penalty involving the Southbridge Recycling & Disposal Park, Inc. for Hazardous Waste Management violations in Southbridge. MassDEP determined during an inspection that the company had hazardous waste in excess of its registered status; failed to label a hazardous waste container; and, failed to make adequate arrangements with municipal and state officials in case of a hazardous waste emergency. In addition to the Penalty, the company agreed to bring the facility into compliance.

September 2007

9/28/07: MassDEP issued a Demand for $3,000 in Stipulated Penalties to the operators at South Hadley Landfill, LLC, located in South Hadley. The operators failed to control offsite odors directly related to conditions at the landfill.

9/28/07: MassDEP issued a Demand for $6,000 in Stipulated Penalties to the operators at the Connecticut Valley Sanitary Waste Disposal landfill in Chicopee. The operators failed to control offsite odors directly related to conditions at the landfill.

9/28/07: MassDEP issued a Unilateral Order to Wilkinsonville Water District in Sutton for Water Supply violations. MassDEP determined that the District introduced excessive amount of a corrosion control agent to the Water Supply, which serves a population of 2,834. On September 26, 2007, a complaint investigation by facility operators revealed that excessive amounts of potassium hydroxide had entered the distribution system as the result of a failure of the high-pH alarm system at the Hatchery Road Pump Station to notify operators of the condition. District employees flushed the system repeatedly, and reported to MassDEP that the system had returned to its normal pH level. Today's Order requires the feed system to remain off-line until MassDEP approves its re-start. In addition, the District must submit details of this and any other possible overfeed events at the station, and the submission of a corrective action plan and implementation schedule.

9/27/07: MassDEP entered into a Consent Order with Michael Thompson as Trustee of the Thompson Family Realty Trust for Waste Site Cleanup violations at 224 Walker Street in Lowell. The Trust, which owns and operates the property failed to submit cleanup reports as required. In addition to agreeing to bring the site back into compliance, the Trust agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

9/27/07: MassDEP entered into a Consent Order with Paul Mattera as Trustee of Fellsview Terrace Condominium Trust, for Waste Site Cleanup violations at 400 Fellsview Terrace in Stoneham. As owner and operator of the site, the Trust failed to submit cleanup reports as required. In addition to agreeing to bring the site back into compliance, the Trust has agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

9/27/07: MassDEP executed a Consent Order with a $32,000 Penalty regarding Urban LLC for Waste Site Cleanup violations at 175 Walnut Street in Peabody. Specifically, the violations were for failure to submit Phase II and Phase III Reports and a Phase IV (Remedy Implementation Plan) within the deadline already established in a Notice of Noncompliance issued by MassDEP on 4/3/07. Under today's Order, new deadlines have now been set to return the site to compliance with the submittal of a Phase II and if applicable a Phase III by 10/30/07, a Phase IV Plan by 3/30/08 and a final outcome by 9/30/08. MassDEP agreed to suspend $12,000 of the Penalty pending compliance with the Order.

9/27/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving the town of Brewster, for Solid Waste violations at the Transfer Station in Brewster. The town failed to submit a Waste Ban Compliance Plan and failed to submit Annual Reports for 2005, and 2006. MassDEP agreed to suspend the Penalty, and the town will submit the required Annual Reports.

9/27/07: MassDEP's "Candid Camera" initiative: The Environmental Strike Force recently caught dumping incidents at sites in Worcester, Billerica, and Peabody. At a site in Worcester, an installed camera was stolen; systems involve two cameras units meaning the actions were recorded on film. Working with Worcester police, a suspect was identified and the camera returned. The defendant was arraigned in Worcester District Court on charges of larceny and malicious destruction of property. To date, the Candid Camera program has identified eighteen dumpers in various municipalities across the state. Many of the violators have been issued tickets, fines, and clean up orders from their respective town or city. Three commercial violators have been the subject of MassDEP enforcement and have agreed to pay penalties between $4,000 and $12,000 and to conduct clean up. A new system with internet-monitoring capability was recently installed by Strike Force in Lowell. As part of the continuing municipal/MassDEP partnership, Weymouth, Lawrence, and Boston have recently purchased their own anti-dumping camera systems and are currently being trained by Strike Force.

9/25/07: MassDEP executed a Consent Order with Joseph and Gina Maggi to ensure operations at 442 State Street in Belchertown complied with Massachusetts Drinking Water Regulations. Maggis are the owners of the facility.

9/25/07: MassDEP entered into a Consent Order with a $6,000 Penalty involving NETCO Construction Corp. for Hazardous Waste Management, Air Quality and Solid Waste violations at its Hampden facility. MassDEP discovered the violations, which included evidence of open burning, waste oil management violations and improper storage of demolition and tree stump wastes, following a response by the local fire department. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance with today's Order.

9/25/07: MassDEP issued a $2,892 Penalty Assessment Notice and a Unilateral Order to the A.J. Murphy Company, Inc., a Maine-based transportation company, due to a release of diesel fuel on an interchange ramp of the Massachusetts Turnpike in Auburn. MassDEP initially issued a Notice of Noncompliance regarding the company's failure to submit a Release Notification Form after the incident in October 2005, and thereafter an Immediate Response Action Plan. The company also failed to submit additional cleanup reports. MassDEP issued a Notice of Enforcement Conference, scheduling a date to discuss the violations and requirements for coming into compliance; however, company representatives failed to attend the enforcement conference. Today's Order requires the submittal of all the required reports within 30 days in addition to the Penalty.

9/24/07: MassDEP executed a Consent Order with a $9,000 Penalty involving Karen L. Cormier for Wetlands violations at 133A High Street in Billerica. Cormier owns this residential property where MassDEP discovered - using Wetland Change Initiative aerial photography and available data - that approximately 1,500 square feet of Bordering Vegetated Wetland (BVW) filling on the site as a result of construction of a new in-ground pool and other miscellaneous " yard projects". Additionally, Cormier keeps pet ducks, turkeys, and a goat and horse either within BVW or the Buffer Zone that negatively affects the BVW. Today's Order requires restoration and monitoring of the BVW, moving animals out of BVW and implementation of a comprehensive animal management plan to protect wetland resource areas on the property. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance with the Order.

9/20/07: MassDEP issued a Unilateral Order to Konstantinos Frantzis for Waste Site Cleanup violations at 400 Belgrade Avenue in West Roxbury.  Frantzis, owns and operates the property and is required to submit an Immediate Response Action (IRA) Plan within two months of the Order, an IRA Status within 120 days of submittal of the IRA Plan and an IRA Status Report every 6 months thereafter until the submission of the IRA Completion Report. The Order also requires a Phase I Report and a Tier Classification Submittal for the Site within six months of the Order.

9/20/07: MassDEP was informed of a Final Decision and Order regarding the Crow Lane Landfill in Newburyport. Suffolk Superior Court issued a Final Decision on the motion by the Attorney General's Office and the MassDEP that the Court order New Ventures LLC to grant access to the MassDEP, or in the alternative order New Ventures LLC, to conduct measures to control the release of hydrogen sulfide gas from the landfill. The Court ordered New Ventures to implement measures to control the emissions of odiferous hydrogen sulfide gas from the Crow Lane.

9/20/07: MassDEP entered into a Consent Order with a $6,400 Penalty regarding J&G Foods, Inc., for Hazardous Waste and Industrial Wastewater violations at its Sutton facility. MassDEP discovered during a recent inspection of J&G that the company was operating its wastewater pre-treatment system without a licensed treatment plant operator, and that it had failed to comply with numerous (small quantity) hazardous waste/waste oil management requirements. Today's Order requires the company to bring the facility back into compliance. The action ensures that the facility's Industrial wastewater will be properly treated, and that waste oil will be properly managed.

9/20/07: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Pelletier's Building Supply Company, Inc. for Hazardous Waste Management and Industrial Wastewater violations at its Gardner and Fitchburg facilities. While conducting an inspection at the Fitchburg facility in 2006, MassDEP determined the company was discharging vehicle wash water, an Industrial Waste Water, directly to the Nashua River without the appropriate EPA and MassDEP permits. In addition, the company failed to comply with numerous other Hazardous Waste Management regulations. Today's Order requires the company to comply with all applicable regulations, generate storm water pollution prevention plans, not otherwise required for its Gardner and Fitchburg facilities. MassDEP has agreed to suspend $13,000 of the Penalty pending compliance (due in part to a successful demonstration of a financial hardship condition). This action will help ensure that Industrial Waste Water will not be discharged to the Nashua River, and that Small Quantity Generator amounts of waste oil will be properly managed at the facilities.

9/19/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving David Lancto for Asbestos violations at his residence in Pittsfield. The violations involved the improper removal of an asbestos-insulated boiler at his residence. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance.

9/18/07: MassDEP executed a Consent Order with a $7,900 Penalty involving Webco Chemical Corporation for Waste Site Cleanup violations in Dudley. Webco failed to conduct Immediate Response Actions in accordance with the regulations. Historical operations at Webco resulted in the contamination of soil and groundwater at the site with volatile organic compounds (VOCs). Webco has conducted response actions since 1997. In 1998, it was discovered that residential drinking water wells near the site were contaminated with VOCs. Webco failed to adequately assess and/or mitigate VOCs in the residential wells in a timely manner. Affected wells have now been provided with treatment systems. Under the terms of the Order, Webco is required to implement a residential drinking water well sampling plan. MassDEP has agreed to suspend $2,500 of the Penalty pending compliance with the Order.

9/18/07: MassDEP entered into a modification of an existing Consent Order with the Estate of James S. Kantany of Medfield. The original Order became effective on 1/22/07. The modification provides a revised due date for the Phase V Completion Report and Response Action Outcome Statement, or Remedy Operation Status Submittal, to be submitted by 12/14/07.

9/18/07: MassDEP working with the Massachusetts Attorney General's Office entered into a Final Judgment in Suffolk Superior Court involving the Newark Group (TNG) located in Fitchburg, Haverhill and Natick. The Judgment requires TNG to pay a civil penalty of $575,000, as well as $25,000 in past due compliance fees, for violations of several provisions of the Massachusetts Air Pollution Control Regulations at its Fitchburg, Haverhill and Natick facilities. Specifically, the violations concerned: Boiler No. 2 at its Fitchburg facility exceeded short term emissions and opacity limitations on several occasions; exceeded its volatile organic compounds (VOC) emissions cap at Fitchburg; and, filed erroneous source registration information for calendar years 2004, 2005, and 2006 for its Fitchburg facility and for calendar years 2000-2005 inclusive for its Haverhill facility. Also, they emitted VOC at a potential emissions rate of 50 or more tons per year at its Haverhill facility without filing for and obtaining a written emission control plan approval (i.e. Reasonably Available Control Technology); they emitted hazardous air pollutants at both facilities with potential emissions such that both facilities may be subject to the federal Maximum Achievable Control Technology rules; and emitted excess sulfur dioxide from its Haverhill facility (in violation of state acid rain regulation). In addition to paying the penalty and the back fees within sixty days of entry into the Final Judgment, TNG is required to make timely plan application and source registration filings as applicable, and retain a third party consultant to conduct an audit of the Fitchburg and Haverhill facilities' compliance with the Clean Air Act. They will also develop an Environmental Management System for its Fitchburg and Haverhill facilities. The Natick facility has ceased operations, thus TNG is required to relinquish its air operating approval within fifteen days of entry into the Final Judgment.

9/13/07: MassDEP executed a Consent Order with a $7,187 Penalty involving the Estate of Joseph Prochilo for Waste Site Cleanup violations at 870 Broadway in Revere. Prochilo, the former owner of the property, specifically, failed to conduct an Immediate Response Action in a timely manner and failed to submit an Immediate Response Action Status Report.

9/10/07: MassDEP entered into a Consent Order with a $12,000 Penalty involving Robert Page III Ltd/Butternut Club in Stow for violations of the Drinking Water Regulations that occurred at its facility, Butternut Farms Golf Club located at 115 Wheeler Road in Stow. A recent inspection of Butternut determined that the facility had added a function hall thereby expanding water use above permitted limit. The increased water use required the protective zone to be larger, which was not feasible due to the location of the well. Several operational violations were also identified including operating without a certified operator and installation of a water treatment system without prior approval. As a result of negotiations with MassDEP, the owners have corrected many of the operational violations and entered into today's Order that outlines a schedule to site and construct a new well that will be in compliance with the drinking water regulations. In addition, they have agreed to meter their irrigation water throughout the golf course. Today's Order also outlines an operational plan for the existing source to assure a safe water supply until the new source is developed and ready for use.

9/10/07: MassDEP issued a Unilateral Order to Martin Linder for Wetlands violations in Sutton. MassDEP found that work by Linder resulted from work in the Bordering Vegetated Wetland; the order requires cessation of additional harm to the resources and the hiring of a wetlands specialist to develop a restoration plan.

9/10/07: MassDEP issued a Demand Letter for $15,000 in a Suspended Penalty and $61,000 in Stipulated Penalties to Pam Perullo for continued Waste Site Cleanup violations at 16 Scotia Street in Salem.  MassDEP issued Demand letters to Pam Perullo, owner of a site at 16 Scotia Street in Salem, for violations.  Under the Order, executed 3/2/07, the owner is required to submit an Immediate Response Action Completion Statement, Phase I Report and Tier Classification Submittal by 7/1/07.  Perullo's failure to comply with these deadlines resulted in the issuance of a Demand for payment of a $15,000 suspended penalty, as well as a Demand for payment of $61,000 in stipulated penalties. Payment of both the suspended and stipulated penalties is required within 30 days.

9/7/07: MassDEP issued a Unilateral Order to Blackinton Commons, LLC for Waste Site Cleanup violations at 140 & 148 Commonwealth Avenue in North Attleborough. Today's Order requires Blackinton to submit a completed Tier Classification Package or a final outcome on or before 10/12/07. Blackinton is a redevelopment project of a former jewelry manufacturing factory site into 38 residential condominiums. Previously, MassDEP audited cleanup reports submitted on 12/29/05 relative to this site. After completing the audit, MassDEP issued a Notice of Noncompliance on 4/13/06 along with the request for Immediate Response Action. MassDEP also invalidated the previous report because it failed to meet the standard of care, performance standards and other requirements. The NON, which required that Blackinton take additional action, has not been met and Blackinton has not corrected other violations identified. MassDEP has already issued a Penalty Assessment Notice to Blackinton (on 6/29/07) and assessed a Civil Administrative Penalty in the amount of $318,276.40 for 14 violations. Blackinton has appealed the Penalty.

9/7/07: MassDEP issued a Unilateral Order to BATG for Solid Waste violations at Charlton. BATG, contractor to the town of Charlton for its landfill closure process, delivered and attempted to utilize recycled Petroleum Contaminated Soil as grading and shaping material at the town-owned landfill. The use of such material for grading and shaping is not authorized by the Corrective Action Plan for the landfill, or any other approvals issued by MassDEP. The noncompliance was brought to MassDEP's attention by the town, which expressed concerns about the unauthorized use of this material. While representatives of BATG verbally offered to remove the materials, the company did not produce an acceptable plan or schedule. As a result, MassDEP ordered BATG to remove the materials by 9/12/07.

9/4/07: MassDEP entered into a Consent Order with a $14,250 Penalty involving the town of Spencer's Water Department for violation at its treatment plant in Spencer. Specifically the violations involved the town's Meadow Road Water Treatment Plant that were identified as a result of an over feed of sodium hydroxide into the municipal water system on 4/25/07. Today's Order requires a number of upgrades to the municipal system; upgrades to the existing alarm system and chemical feed process as an interim safeguard; and submission of plans for the development of a new, permanent chemical feed system and upgraded alarm and fail-safe systems for the plant. MassDEP has agreed to suspend $12,250 of the Penalty pending the development and implementation of an Environmental Management System for the plant. In addition, the town will spend an additional $8,000 to perform a Supplemental Environmental Project (SEP). Through this SEP, the Town will use the findings of a Blue Ribbon Committee to develop a report titled "Lessons Learned" which, based on the EMS, will be distributed to other municipalities to assist in preventing similar events. The mandatory improvements required through this action will assure the provision of safe and pure water to the 7,034 residents served by this community, public water supply.

9/4/07: MassDEP executed a Consent Order with D&R Realty Trust for Water Supply violations at 24 1/2 Intervale Street in Brockton. D&R Realty Trust owned and operated an unregistered Public Water System (PWS) located at 24 1/2 Intervale Street in Brockton. As part of today's Order, the PWS will connect to the City of Brockton's water supply and abandon the unapproved, on-site well.

August 2007

8/31/07: MassDEP entered into a Consent Order with Patricia LaBella, (administrator for the estate of Leonard N. Mazone) for Waste Site Cleanup violations at 83-85 Bennington Street in Revere. The estate is the owner of the property where there has been a failure to meet deadlines set out in a Notice of Noncompliance issued on 4/25/07. Today's Order establishes a deadline of 12/30/07 for submittal an Immediate Response Plan and a deadline of 3/30/08 for submittal of completion or tier classification; there are stipulated penalties for any missed deadlines.

8/31/07: MassDEP entered into a Consent Order with John Sasso for Waste Site Cleanup violations at 83-85 Bennington Street in Revere. Sasso is owner of the property where a failure to meet deadlines set out in a Notice of Noncompliance issued on 4/25/07.Today's Order establishes a deadline of 12/30/07 for submittal an Immediate Response Plan and a deadline of 3/30/08 for submittal of a completion or tier classification; there are also stipulated penalties for any missed deadlines.

8/31/07: MassDEP entered into a Consent Order with a $7,224 Penalty involving the Sun Chemical Corporation for Surface Water Discharge and Air Quality violations at 320 Forbes Boulevard in Mansfield.The local division is part of Sun Chemical Corporation of Northlake, Illinois. As part of MassDEP's inspection program, a multi-media inspection was conducted of the Mansfield location where effluent limits (discharge) and monitoring violations were noted. MassDEP also noted the facility's violations pertaining to recordkeeping requirements as contained in its Air Quality Plan Approval. In addition to the Penalty, the company has agreed to bring the facility into compliance.

8/27/07: MassDEP entered into a Consent Order with Everett Place Condominium, LLC for Waste Site Cleanup violations at 69 Norman Street in Everett. The LLC is the owner or operator of the property that failed to meet deadlines set out in a Notice of Noncompliance issued on 6/1/07 pertaining to the cleanup at the site. Today's Order establishes a deadline of 12/30/07 for submittal of completion or tier classification; there are stipulated penalties for any missed deadlines.

8/27/07: MassDEP executed a Consent Order with an $8,000 Penalty involving Brookside Equipment Sales, Inc. for Waste Site Cleanup violations at Honey Farms in Orange. The company, which is based in Phillipston, failed to notify MassDEP within two hours of a spill of 70 gallons of diesel fuel. The release occurred at the Honey Farms service station in Orange on 3/19/07. A driver from Brookside failed to attend to the hose while filling the saddle tanks of a tractor-trailer he was operating. Diesel fuel was released to paved surfaces and a dirt area in the vicinity of the fueling island. The driver notified Honey Farms personnel, but left the scene. Honey Farms personnel notified the fire department and MassDEP, and contracted with an emergency response cleanup contractor to address the spill. The Orange Police Department, after viewing security camera footage of the incident, identified Brookside Equipment as the operator of the truck. In addition to the Penalty, Brookside agreed to train employees on responding to emergencies, and agreed to audit its facility in Phillipston for compliance with MassDEP hazardous waste regulations.

8/22/07: MassDEP entered a Consent Order with GoodValue, Inc. for Hazardous Waste Management and Solid Waste violations at its facility in Raynham. MassDEP inspected the facility (a retail furniture warehouse) on 4/11/07 and observed the violations pertaining to storage and management of waste oil. Today's Order requires that GoodValue Inc. register as a generator of waste oil and to operate in compliance with the Hazardous Waste regulations. Further, the Order establishes an aggressive schedule for properly disposing/recycling the on-site solid waste in accordance with all applicable laws and regulations.

8/22/07: MassDEP entered into a Consent Order with a $7,850 Penalty regarding the Curtis Hill Estates for Wetlands violations at New Spencer Road in Charlton. Curtis Hill Estates Inc. of Rutland engaged in construction activities on Lamb's Pond Dam. The dam had been breached, resulting in the lowering of the pond, and exposure of land under water. A portion of the downstream stream bank was also washed away as a result of the breach. No permits had been filed for this work. Under today's Order, plans to repair the dam and stream bank, and restoration of the water level of Lamb's Pond must be submitted for review by the MassDEP and the state's Dam Safety Program (under the Department of Conservation and Recreation). All authorized repairs and restoration require completion by 4/1/08. In addition to the Penalty, Curtis Hill Estates will also perform a Supplemental Environmental Project (SEP), estimated cost $17,150. Under this SEP, they agree to assist the town of Charlton with its open space and recreation space plan, its development of a Phase II Storm water Management Plan and will conduct a storm water outfall sampling plan. Curtis Hill Estates will also conduct an eradication project to assist the Charlton Heritage Preservation Trust with removal of the vegetation, Asiatic Bittersweet. Through this action, 75 feet of stream bank and 5,000 square feet of land under water will be restored.

8/22/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving the TruGreen LandCare, LLC, for Wetlands violations at 29 Washington Street in Westborough. The company, which is based in Memphis, Tennessee, operates a property management and landscape maintenance business in Westborough.Upon receiving a request for assistance from the Westborough Conservation Commission, MassDEP conducted an inspection of the property and determined that TruGreen LandCare had been stockpiling fill and landscape debris in a Bordering Vegetated Wetland (BVW) and buffer zone on the property.MassDEP initially issued a Unilateral Order in order to require the company to stop filling, stabilize soils, and hire a wetlands specialist to assess the damage and prepare a wetland restoration plan.The company subsequently complied and has today agreed to a schedule to implement the approved wetlands restoration plan (5,500 square feet of BVW. In addition to the Penalty, the company has agreed to perform a Supplemental Environmental Project (SEP), estimated value of $6,000. Under the SEP, they agree to design and provide operational funds for the SuAsCo Watershed Community Council's "River Visions" Forum, whose topics include wetland protection and storm water management.

8/21/07: MassDEP entered into a Consent Order with an $860 Penalty involving Berkshire-Merrill Road, LLC for Waste Site Cleanup violations at 609 Merrill Road in Pittsfield. The LLC is the lessee and operator of the site. False or inaccurate statement was submitted.The report stated that knowledge of a release as of 3/10/06, the date that Berkshire became the lessee and operator at the site. MassDEP found knowledge of the release occurred on 4/12/05 via environmental reports submitted as part of the environmental review process (under the Massachusetts Environmental Policy Act, MEPA)

8/21/07: MassDEP entered into a Consent Order with Joseph Banks for Waste Site Cleanup violations at 428-440 Pearl Street in Stoughton. Banks is one of several Potentially Responsible Parties ("PRP") that have been identified for the release of toluene that has been detected in groundwater at at 428-440 Pearl Street, a commercial property. On 12/15/06, MassDEP issued a different PRP for the release (Pinecrest III Realty Trust) a Notice of Noncompliance for failing to complete response actions at the site in a timely manner. Pinecrest III Realty Trust did not comply with that NON. Banks has subsequently informed MassDEP, that Pinecrest III Realty Trust does not have the ability to conduct response actions. However, Banks will ensure that response actions are completed in a timely manner. Today's Order establishes deadlines for Banks to complete response actions at the site.

8/21/07: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Antonio Medeiros and Waste Site Cleanup violations at 1004 Crane Avenue in Taunton. Medeiros is the owner of this commercial property that has been the site of a release of petroleum from its former underground storage tanks. On 11/29/06, MassDEP issued Medeiros a Notice of Noncompliance for failing to complete response actions at the site in a timely manner. Medeiros did not comply with the NON. Today's Order establishes deadlines for Medeiros to complete response actions.

8/21/07: MassDEP entered into a Consent Order with Nicholas Darviris for Waste Site Cleanup violations at 288 Washington Street in (Brighton) Boston. Darviris is owner of the site at 288 Washington Street where failure to meet deadlines for cleanup occurred. Today's Order requires an initial site investigation report and tier classification. Failure to comply with deadlines will result in stipulated penalties of $1,000 per violation per day.

8/21/07: MassDEP entered into a Consent Order with a $13,710 Penalty regarding Nestle Prepared Foods Company in Haverhill. Nestle acquired the assets of Joseph's Pasta Company on 12/1/06.In spring 2007, Nestle reported to MassDEP that in conducting a self-audit it was discovered that the facility had five (5) steam kettles, which emit volatile organic compounds (VOCs). Today's Penalty includes avoided compliance fees. In addition, Nestle will submit the required plan application for the kettles on or before 8/30/07 and conduct a Supplemental Environmental Project (SEP). Under the SEP (estimated value of $10,000) Nestle will reduce air pollution through retrofits of certain diesel trucks used by Nestle in connection with its Haverhill business.

8/21/07: MassDEP entered into a Consent Order with Walter Martin as Trustee of Ali Realty Trust for Waste Site Cleanup violations at 1140 Commonwealth Avenue in (Allston) Boston. The Trust is owner and operator of the property where a failure to submit(phased) cleanup reports as established in a Notice of Noncompliance issued by MassDEP on 5/11/07. The following deadlines have now been established to return the site to compliance: Phase II by 1/30/08; Phase III by 3/30/08; and a Phase IV by 11/30/08 and a final outcomes statement by 11/30/09. In addition, Walter Martin as Trustee of Ali Realty Trust agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

8/20/07: MassDEP issued a Declaration of Water Emergency to Eagle Hill School in Hardwick. MassDEP received a written request from the Public Water System. The School sought to shut down its current well, while conducting additional work on a second well nearby. The School has subsequently learned that some equipment will only be available the last week of August. The Declaration takes effect when the work begins and ends when the Department has approved the well to return to use.

8/20/07: MassDEP executed a Consent Order with a $4,500 Penalty involving Alexandria Realty for Waste Site Cleanup violations at 156 Sixty Street in Cambridge. The Realty firm, d/b/a ARE-MA REGION NO. 34, LLC is the owner of the property at 156 Sixth Street where a failure to maintain pavement as required by an Activity and Use Limitation imposed by a previous owner of the property.In addition to the Penalty, the site will be restored to compliance and stipulated penalties are including for any missed deadlines.

8/17/07: MassDEP entered into a Consent Order with the Long Hollow Bison Farm (Paul Ciaglo) for Wetlands violations at 270 Russell Street in Hadley.The violations involve the construction of stream culverts and road crossings and placing fill within Bordering Vegetated Wetlands (BVW) between April 1997 and 1999.The work was undertaken as part of the operation of the farm, yet not on land that was in agricultural use, and resulted in approximately 150 linear feet of alteration to the bank and placement of < 5,000 square feet of fill into the BVW. Today's Order requires Ciaglo to prepare and submit for approval a plan to replace the BVW, along with full implementation of the plan by 9/14/07.

8/17/07: MassDEP entered into a Consent Order with James Shields for Wetlands violations at 192 Berkshire Avenue in Southwick. MassDEP determined the 'clean up work' at the site involved discharge of dredged or fill material into Middle Pond, Southwick. Such work was undertaken without prior issuance of required water quality certification (per the Mass Clean Waters Act).Shields undertook excavation/dredging work in the pond (on or near May, 2007) to remove junk, and debris, solid waste by using heavy equipment resulting in a discharge to the waterbody. Today's Order requires Shields to restore roughly 2,500 square feet of impacted land under water and not remove any additional debris/junk from the pond without prior submission and approval.

8/17/07: MassDEP issued a Unilateral Order to College Park Condominium Trust for Wetlands violations at 5 Keegan Lane in Greenfield. MassDEP found cutting and clearing of vegetation within less than 2,500 square feet of Bordering Vegetated Wetland without proper approval. The representatives of the condominium allegedly initiated work within the wetland to control drainage prior to the standard 10-business day administrative appeal period. The local order issued by the City of Greenfield Conservation Commission for this work was appealed. Today's Order requires the condominium association to cease all cutting work within the wetland and to submit a site plan containing a proper delineation of all resource areas along with a "Maintenance Plan" for any future work.

8/16/07: MassDEP entered into a Consent Order with Montgomery L'Energia Power Partners LP to address Air Quality compliance issues at 2 Tanner Street in Lowell. The LP, entered into today's Order in order to replace electricity-generating equipment at 2 Tanner Street in Lowell. Montgomery will be replacing an old (approved but no longer active) combined cycle combustion turbine meeting 9 parts per million (ppm) oxides of nitrogen (NOx), 10 ppm ammonia (NH3) slip emissions limits with a new turbine which will meet current Best Available Control Technology emissions limits of 2 ppm NOx and 2 ppm NH3. By entering today's Order, Montgomery can begin certain site preparation activities, provided that it first renders the old equipment inoperative by capping all fuel delivery lines and it files a timely non-major comprehensive plan with MassDEP.

8/16/07: MassDEP entered into a Consent Order with Ciba Specialty Chemicals Corporation for Waste Site Cleanup violations at 20 Colonial Road in Salem. Ciba, which is based in Tom's River, NJ, failed to complete cleanup of the spill that was first reported in 1989 from a leaking underground storage tank. Under today's Order, Ciba will submit a final outcome (Response Action Outcome) by no later than 3/1/09.

8/15/07: MassDEP Commissioner executed a final decision involving Richard Monahan and Wetlands violations at his 479 North End Boulevard Road in Salisbury. Today's Consent Order with an $8,250 Penalty regarding Monahan's appeals of a previously issued Unilateral Order and Penalty Assessment. The specific violations involve constructing a patio and fence that altered 750 square feet of a Coastal Dune on a Barrier Beach without authorization. Today's Order requires restoration of the altered dune and a proposed deck to be elevated on piles. MassDEP agreed to suspend $7,250 of the Penalty pending compliance.

8/15/07: MassDEP entered into a Consent Order with a $12,050 Penalty involving Sears Roebuck and Company for Hazardous Waste Management violations at its Braintree and Hanover facilities.  MassDEP conducted a multi-media inspection and found that both locations were not in compliance with certain hazardous waste management and record-keeping requirements.

8/14/07: MassDEP executed a Consent Order with a $5,750 Penalty regarding Erving Paper Mills, Inc, for Air Quality violations at it its faculty in Erving. MassDEP required the company to perform an emissions test to determine the company's compliance status with its allowable emissions. Upon conducting the stack test, it was discovered that Erving was exceeding the facility's emission limits for particulate matter and nitrogen oxides. Subsequent re-testing conducted a month later, revealed that the emission limits were being met. The company cooperated with MassDEP and in addition to the Penalty has agreed to address the noncompliance.

8/14/07: MassDEP executed a Consent Order with the city of Holyoke relative to the city's operation of an unapproved solid waste transfer station. Today's Order provides for guidance as to the operation of the transfer station during an interim period in which the city will pursue the required site assignment and solid waste management permits.

8/14/07: MassDEP entered into a Consent Order with a $12,000 Penalty regarding Tillary, LLC for Asbestos violations at the Cabotville Industrial Park in Chicopee. Tillary is the owner of the Park located off Front Street in Chicopee.The violations involved asbestos handling during renovations at the property. Workers employed by Tillary were gutting the fourth floor of a building when asbestos-containing floor tiles were damaged and exposed. Before this damage, the asbestos-containing pipe insulation was covered by partition walls. MassDEP asbestos inspectors responded to a complaint from tenants who were still occupying parts of the fourth floor when the renovations began. MassDEP agreed to suspend $6,000 of the Penalty during a two-year probationary period. Tillary agreed to institute best management practices and ensure compliance with all local, state and federal asbestos regulations, specifically that any area to be renovated in the future will be inspected by a licensed asbestos consultant prior to beginning any renovations, and that all regulated asbestos-containing materials will be removed by licensed persons.

8/13/07: MassDEP executed a Consent Order with New England Motor Freight for Waste Site Cleanup violations at 1311 Union Street in West Springfield. The company operates a facility at this location where historical petroleum releases from underground storage tanks (USTs) occurred. Violations were for failure to submit a final outcome (Response Action Outcome) statement by the established deadline.An RAO that was submitted was later retracted in 2004 following an audit. Today's Order establishes a new set of deadlines by which certain phased cleanup responses will be submitted.The Order also serves as a Notice of Noncompliance and contains stipulated penalties if any future noncompliance should occur.

8/13/07: MassDEP entered into a Consent Order with a $3,500 Penalty regarding Ludlow Industrial Realties, Inc, for Waste Site Cleanup violations at 205 State Street facility in Ludlow. The company owns a large mill complex but failed to immediately (2-hour) notify MassDEP of a release of 50 gallons of #6 fuel oil at this property. The incident occurred at 3:45 AM on 2/23/07.The release occurred when the boiler room operator failed to follow proper procedures during the filling of one of two underground storage tanks.The boiler room operator was aware of the spill immediately after it occurred, but took no action to clean up the spill or notify management regarding the spill.At about 8:30 AM on that date, the boiler room operator notified management who quickly contacted MassDEP. MassDEP responded to the site to evaluate the spill, and oversee cleanup actions performed by a private contractor hired by the company. All necessary cleanup was conducted expeditiously and the company agreed to prepare an oil spill response plan for the property that details proper procedures and to post signage in its underground storage tank filling area.

8/10/07: MassDEP entered into a Consent Order with a $1,200 Penalty involving the Brimfield Housing Authority in Brimfield.The Authority operates a small community public water system where there has been repeated noncompliance.The Authority failed to submitted to MassDEP the Annual Statistical Report for 2006.MassDEP agreed to suspend $600 of the Penalty and Authority agreed to prepare and distribute the report.Annual Statistical Reports include information about water supply contacts, operators, water use, and emergency plans.

8/8/07: MassDEP issued a Unilateral Order to Santkrupa Realty Corporation for Wetlands violations in Blackstone. The Order requires Santkrupa to cease alteration of wetland resource areas on their property located off Route 122 (Main Street) in Blackstone. MassDEP inspected the location following a request for assistance from the Blackstone Conservation Commission. MassDEP observed cutting of vegetation within Riverfront Area of an unnamed perennial stream and alteration of greater than 5,000 sq ft of BVW in the area.No permits have been issued for the above work. Today's Order requires the owner to stop work within the wetlands, hire a wetlands specialist to delineate the wetlands, evaluate the extent of impact to wetland resource areas, and submit a restoration plan to MassDEP for approval. Additional enforcement with penalty assessment is anticipated.

8/7/07: MassDEP entered into two (2) Consent Order with Getty Properties for Waste Site Cleanup violations in Leicester. Getty Properties Corporation of Jericho, New York agreed to establish timelines for the completion of response actions for two releases at a gasoline service station in Leicester. MassDEP previously audited the closure documents submitted relative to the cleanup and found additional work was needed. MassDEP issued Notices of Noncompliance. Getty Properties requested additional time to complete the work and today's Orders were executed to establish formal deadlines. Under the terms of the Order cleanup actions will be completed no later than June, 2008.

8/7/07: MassDEP executed a Consent Order with a $500 Penalty involving the town of Clinton for Solid Waste and Asbestos violations at the town's closed landfill site. The Town improperly disposed of asphalt, brick and concrete rubble at the site. MassDEP suspended $42, 550 of the Penalty pending compliance with the Order and regulations for a period of one year and properly dispose of the waste materials.

8/7/07: MassDEP entered into a Consent Order with Westport Auto Recycling Inc., for Hazardous Waste Management violations in Westport. The company operates an auto-salvaging yard, which plans to cease operations, and is now in the process of removing all of its salvaged motor vehicles and other miscellaneous material. The business has a local junk license and is registered with MassDEP as a generator of hazardous waste and waste oil. The property will be developed for non-auto salvaging purposes after proper closure and cleanup. Today's Order addresses minor hazardous waste management violations, the closure of floor drains at the facility that were found to discharge to the ground. In addition, a full assessment will be done. MassDEP initiated the investigation of this site as a result of local complaints about the facility.

8/6/07: MassDEP entered into a Consent Order with a $2,875 Penalty regarding Wayside Farms (Cavendish Place LLP) for Groundwater Discharge violations in East Bridgewater. Wayside Farms failed to obtain final plan approval for its permit prior to construction of the wastewater treatment facility and collection system in violation of the Massachusetts Clean Water Act. Wayside was ordered to cease all construction until final approvals were obtained (MassDEP issued final approval on 10/26/06). In addition to the Penalty, a Supplemental Environmental Project (SEP) with an estimated value of $2,875 will be conducted by Wayside. Under this SEP, Wayside will assist the Taunton River Watershed Alliance (TRWA) for their ongoing Water Quality Project for the Taunton River.

8/6/07: MassDEP entered into a Consent Order with the town of Holbrook, for Water Pollution Control violations in Holbrook. Under today's Order, Holbrook agrees to a revised plan and schedule that the town will undertake to continue to address the rehabilitation and maintenance of the municipal sewer system. The revised plan and schedule covers the work on infiltration and inflow ("I/I") investigation and rehabilitation work. I/I reduction within the town's sewer system is necessary to eliminate extraneous peak flows. By reducing extraneous I/I the town will preserve capacity in the municipal system and the downstream regional collection system. Since the signing the original Order, the town has made substantial progress in completing the requirements. The town has provided updated information on the condition of the sewer system and estimates of the remaining excessive I/I within system. As a result of the work completed thus far and the updated information, the town requested revisions to the original plan and schedule. MassDEP has concurred with the requested revisions and updates to the plan and schedule of the original Order.

8/3/07: MassDEP entered into a Consent Order with Bachelor Knolls, Inc. for Water Supply violations in Granby. Bachelor Knolls, Inc. is a very small community public water system serving a neighborhood of homes. Today's Order provides that Bachelor Knolls will complete the installation of an alternative source of supply or submit plans for a storage tank. These actions are intended to bring the public water system into compliance with the requirement (identified during a sanitary survey) that community systems served by groundwater have duplicate sources to provide for at least two days of storage.

8/3/07: MassDEP entered into a Consent Order with Three Rivers Fire District for Water Supply violations in Palmer. Three Rivers is a community public water system that failed to address total coliform bacteria detections that exceeded the state standards in June 2007. The system will continue monitoring and will take specific action in the event of another violation of the maximum contaminant level (MCL) within the next twelve months.

8/3/07: MassDEP entered into a Consent Order with a $25,000 Penalty regarding Joseph Ciesla for Wetlands violations at Lot 2 Apple Road in Brimfield. Ciesla was cited for the violations that occurred in connection with the breaching of two beaver dams located at this property. Today's Order requires submission of a restoration plan to mitigate impacts to site wetlands impacted. MassDEP has agreed to suspend $16,000 of the Penalty contingent on full compliance with the Order.  The area impacted and to be restored is approximately half an acre of bordering vegetated wetlands. 

8/3/07: MassDEP concluded an expedited review of the Mendon Clough School for a Water Supply permit. The permit for a treatment system for School in Mendon was made urgent and necessary when the school reported a mid-July exceedance of the maximum contaminant level for perchlorate.

8/3/07: MassDEP entered into a Consent Order with a $25,000 regarding Empire Recycling & Rubbish Removal, LLC for Waste Site Cleanup violations at 36 Sterling Road in Billerica. Empire is the owner/operator of a paper recycling facility at this location where it failed to notify MassDEP as soon as possible, and within two hours, of a release of several hundred gallons of hydraulic oil from equipment at the facility. This release impacted not only the facility's property but also an adjacent wetland area. Additionally, Empire (a) undertook Immediate Response Actions without MassDEP approval, (b) they undertook Immediate Response Actions without engaging a Licensed Site Professional, (c) they transported contaminated debris off-site without using a hazardous waste manifest or bill of lading, and (d) they conducted response actions in a manner that did not comply with requirements articulated by MassDEP emergency response personnel. Today's Order establishes specific deadlines for Empire to undertake appropriate response actions and provide required documentation to MassDEP in order to return to compliance. MassDEP agreed to suspend $10,500 of the Penalty pending compliance. In addition, the Order contains stipulated penalties of $1,000 per violation per day for any future violations.

8/2/07: MassDEP executed a Consent Order with a $10,000 Penalty involving Mordecai Danesh for Waste Site Cleanup violations at 1565 Beacon Street in Brookline.Danesh owns this property where timelines on the cleanup have not been met. This site has been in the system since 2002.Today's enforcement action will lead to the cleanup of gasoline-contaminated groundwater and soil that originally emanated from an underground storage tank. The property is currently an apartment building.  Danesh has agreed to certain phase reports, Immediate Response Action status reports and a final outcome to return to the site to compliance. Clean-up on this site will aid in protecting the tenants from possible air (volatile organic compounds) contamination and provide opportunities for the property to continue to be of beneficial and productive use.

8/1/07: MassDEP entered into a Consent Order with a $15,950 Penalty involving the City of Marlborough for Water Pollution Control violations at the Westerly Wastewater Treatment Plant. Conditions at the Westerly facility resulted in a release of approximately 6,000 gallons of magnesium hydroxide into the Assabet River. The discharge resulted in elevated pH levels in the river extending from plant outfall several miles down stream. MassDEP monitored stream quality until the affects of the spill dissipated. The unauthorized release constitutes violations of the city's permit (National Pollutant Discharge Elimination System). Today's Order requires the city to upgrade spill containment around the chemical storage tank and repair the defective high-level alarm. The city must also implement a notification plan to alert local, state and federal agencies in the event of any future by-pass or release. MassDEP agreed to suspend $14,950 of the Penalty pending compliance with the terms of the Order. When implemented, the system will result in protection of the Assabet River from any unauthorized releases of chemicals.

8/1/07: MassDEP issued a Unilateral Order to Eagle Farm LP/Estates at Highland Ridge for Water Supply violations in Hopkinton. MassDEP issued the Order to the LP (which is located at 83 Cedar Street in Milford) due to a water shortage emergency associated with its public water system (PWS) at the Estates at Highland Ridge in Hopkinton.  The PWS consists of 3 bedrock wells and serves a subdivision consisting of approximately 35 five-bedroom homes.The operator notified MassDEP that the source was declining and unable to keep up with the demand.  Bulk potable water was being brought in to supplement the supply and residents were still continuing to irrigate their lawns. A Tier 1 Public Notice was required to the customers notifying them of the emergency, the need to conserve water, and the prohibition of outdoor water use. Today's Order prohibits all outdoor water usage, requires bulk deliveries to supplement the source, the development of a corrective action plan, and the cease and desist of the respondent from seeking additional occupancy permits or new connections to the PWS until situation is corrected.

8/1/07: MassDEP entered into a Consent Order with Evergreen Solar for Air Quality violations at its Marlborough facility. Evergreen Solar, voluntarily self-reported the violation and will take immediate steps to bring the facility into compliance. MassDEP determined that Evergreen met the provision for penalty relief pursuant to MassDEP's self-audit policy.

July 2007

7/31/07: MassDEP executed a Consent Order with a $17,250 Penalty regarding G & H Realty Trust, in Woburn for Water Pollution Control violations. George W. Gately, Jr. and Edward A. Hovsepian, co-trustees of a subdivision, failed to obtain a sewer extension permit before building the site infrastructure. MassDEP agreed to suspend $5,250 of the Penalty pending full compliance. Five of the fifteen lots were in various stages of construction and two more houses were already occupied and discharging sewerage prior to MassDEP's settlement of the case. MassDEP has the city of Woburn under an Order related to on-going sanitary sewer overflows to both Vine Brook in Burlington and Horn Pond in Woburn. Woburn has municipal drinking water wells adjacent to Horn Pond and Burlington draws drinking water from Vine Brook. As a result of MassDEP involvement, both municipalities are working to reduce Infiltration and Inflow (I/I) entering their respective sewerage collection systems and have long established I/I Banks to assist with I/I removal. Woburn currently has a 10:1 I/I Removal program. A new ACO was signed with the City of Woburn on 5/1/07 and requires the City to further address on-going I/I issues.

7/31/07: MassDEP issued a Unilateral Order to the city of Northampton for Air Quality (odor) violations. MassDEP issued the Order due to recent flare outages that have resulted in off-site odor complaints. The problem with the system has not been identified despite investigation by several entities. Today's Order requires the town to provide full-time oversight of the landfill system until such time as successful retrofit is designed and installed.

7/31/07: MassDEP entered into a Consent Order with a $4,000 Penalty involving, Noblin Realty Trust of Raynham for Water Supply violations. The Trust was operating a public water supply without MassDEP approval. The Trust has now agreed to either, register - and conduct testing - or, connects to an existing water supplier.

7/31/07: MassDEP entered into a Consent Order with a $4,000 Penalty involving King Phillips Realty Trust of Raynham. The Trust was operating a public water supply without MassDEP approval. The Trust has now agreed to either, register - and conduct testing - or, connects to an existing water supplier.

7/31/07: MassDEP entered into a Consent Order with a $9.750 Penalty involving the King Phillip Realty Trust of Raynham. The Trust was operating a public water supply without MassDEP approval. A previous notice of noncompliance was issued against this particular facility. The Trust has now agreed to either, register - and conduct testing - or connects to an existing water supplier.

7/31/07: MassDEP and the town of Holbrook agreed to an Amended Consent Order involving compliance with Water Pollution Control regulations. The agreement involves a revised plan and schedule for the town to address the rehabilitation and maintenance of the municipal sewer system. Today's agreement sets forth a revised schedule for work on reducing/eliminating infiltration and inflow ("I/I") into the system. Reducing I/I flows into the sewer system is necessary to eliminate extraneous peak flow and preserve capacity in the regional collection system. While the town has made substantial progress in completing the requirements, the town has provided updated information on the condition of the sewer system and estimates the remaining excess I/I within the system. The town requested revisions to the original plan and schedule based on the updated information gathered during repair work. After a review of the work, the updated information and the requested revisions, MassDEP concurs and issued today's amended schedule.

7/30/07: MassDEP issued a Boil Order to Otis Poultry Farm, Inc. in Otis. The Farm is a registered public water system (transient non-community) and operates a country store-cafe. No poultry processing is done at this facility. The Order was issued as a result of total coliform bacteria and E. coli detections in both routine and repeat samples. The facility was ordered to boil water, to post notices, and to investigate the problem. The owners chose to close the facility. [The Boil Order was lifted on August 3, 2007 with the installation of permanent disinfection and sufficient chlorine residual in the system.] The septic system within Zone I and a lifted casing are suspected sources of the contamination. An inspection of the septic system, nitrate sampling, and permit submittal are part of required follow-up actions. The local board of health, MassDPH, and USEPA were informed of the actions and requirements.

7/23/07: MassDEP entered into a Consent Order with Boston Bay View of Boston Associates, LP, for Waste Site Cleanup violations at 1380 Columbia Road in Boston. The company owns this property and has failed to submit cleanup reports even after MassDEP issued a Notice of Noncompliance on 5/3/07. Today's Order requires the owners to submit a Phase I report and a tier classification (status) by no later than 3/30/08. In addition, stipulated penalties are established for any missed deadlines.

7/26/07: MassDEP issued a Demand for a $10,500 to Cumberland Farms of Canton for a previously suspended Penalty. The company failed to comply with Air Quality (gas-vapor recovery) requirements for a company-owned gasoline station located in Marion. Prior to dispensing gasoline at the station, the equipment was not tested and was operated after a major modification without testing. In 2006 via a negotiated settlement, Cumberland Farms agreed to a $23,000 penalty of which $12,000 was paid and $10,500 was suspended pending compliance with the terms of the Order for one year. Cumberland Farms assured MassDEP that they would maintain adequate checks and balances to prevent testing problems in the future.

7/26/07: MassDEP issued a $56,360 Penalty to Brazilian Community Christian Church, Inc., for Asbestos violations at 125 Irving Street in Framingham. MassDEP responded to a complaint from the Framingham Board of Health indicating that asbestos containing materials were removed and stored improperly at 125 Irving Street in Framingham. Upon arrival at the site, MassDEP personnel observed several bags of dry friable asbestos containing pipe insulation stacked against a fence next to an occupied house. In addition, friable asbestos containing debris was observed on the parking lot and other items in the pile with the bags. MassDEP observed dry friable uncontained asbestos containing debris in the two-story commercial building, which was undergoing renovation. Uncertified workers without notifications or precautions had improperly removed the asbestos containing material. During the cleanup the licensed asbestos removal contractor hired by the Brazilian Community Church, Inc decontaminated and disposed of in excess of 17,068 square feet of asbestos and debris. Today's action was taken as a result of the violations observed at the site and continuing noncompliance.

7/26/07: MassDEP issued a Unilateral Order and a $59,000 Penalty Assessment Notice to Aoude Petroleum Corporation for Waste Site Cleanup and violations at 655 Waverly Street in Framingham. Aoude, as owner and operator of the site at had previously entered into Consent Order with MassDEP in 1996 for previous violations. A second Order with MassDEP was reached in 2001 following additional violations of MCP requirements and timelines. Today's Order follows persistent violations by Aoude. Following further settlement discussions, the present Order was issued to require the continuation and completion of MCP response actions, including the submittal of a final outcome statement or equivalent by 1/26/08. Aoude will be subject to civil administrative penalties of up to $25,000 per violation per day for any future violations.

7/26/07: MassDEP executed a Consent Order with a $2,000 Penalty regarding Pondview Place Trust for Waste Site Cleanup violations at 11 School Street in Chelmsford. Dr. Anil Kumar, signatory for the trust, which owns and operates the property, failed to meet deadlines set out in a previous Consent Order executed on 3/6/07. Today's Order, in addition to the Penalty, requires a completion statement by 1/30/08 and stipulated penalties for any missed deadline.

7/24/07: MassDEP entered into a Consent Order with the Silver Spruce Montessori School, LLC of Grafton to establish a legally enforceable schedule for the development of an approved public water supply at the school. Today's Order requires the owners to operate the existing on-site well in accordance with the requirements under a non-transient, non-community system. The school must submit the appropriate permits to MassDEP for approval, and complete any required upgrades to the well. The owners will also be required to demonstrate compliance with the septic system (Title 5) regulations. The owners agree to connect to existing municipal water if it becomes available in their area. This action will ensure the school continues to provide a public water supply that is safe and fit to drink.

7/24/07: MassDEP entered into a Consent Order with the Templeton Fish and Game Club, Inc. of Templeton for Water Supply and Water Pollution Control violations. The owners have agreed to develop a public water supply, in full compliance with all appropriate regulations, at the Club's function hall. Today's Order also contains a schedule to bring the septic (Title 5) systems located throughout the Club properties into compliance. This will be accomplished through inspections and a comprehensive site survey of all lots on the property.

7/24/07: MassDEP entered into a Consent Order with a $4,500 Penalty involving C&N Gas and Oil, Inc., for Waste Site Cleanup violations in West Brookfield. C&N failed to adequately conduct response actions at its disposal site located on West Main Street in West Brookfield. An inspection at the Site revealed that the company had failed to retain a process diagram for its remedial treatment system on site, and that it had failed to have a Licensed Site Professional oversee the response actions for an approximately 8-month period. That lack of oversight caused the treatment system to automatically shut down, leaving gasoline-contaminated groundwater untreated. The Order establishes new timelines for the satisfactory completion of response actions, and revision of submittals already made.

7/24/07: MassDEP entered into a Consent Order with a $7,000 Penalty regarding Sack Storage, Inc. for Waste Site Cleanup violations at its Northborough facility. Sack Storage, Inc., a Worcester-based transportation company, owns a tractor-trailer unit that overturned and hit a sewage pump station located on Lyman Street in Northborough. Diesel fuel was released, impacting the pavement and soil underlying the area where the vehicle came to rest. The company then failed to notify MassDEP of the release within the required two-hour period. In addition to the Penalty, the Order requires the development and implementation of a spill contingency plan for company-wide use.

7/24/07: MassDEP executed a Consent Order with a $15,000 Penalty involving Cumberland Farms, Inc. for Waste Site Cleanup violations in Fitchburg. On 10/12/06, a fuel release occurred at a Cumberland Farms convenience store on River Road in Fitchburg. Local fire officials would notify MassDEP of the release, which impacted a paved area near the fuel dispensing equipment, two storm drains, and a city street, but Cumberland Farms personnel failed to notify. The company also failed to commence cleanup activities within a timely manner. In addition to the Penalty, today's Order requires Cumberland farms to review and revise its training program for all employees.

7/24/07: MassDEP entered into a Consent Order with a $5,000 Penalty regarding S&J Land Trust Hadley for Asbestos violations in Hadley. S&J Land Trust of Windsor, Conn., improper handled asbestos building materials during a demolition project. Asbestos-containing building materials were not removed prior to the demolition of a single-family residence. When notified by the MassDEP of the problems, S&J Land Trust cooperated fully in the clean up of the asbestos found at the site. MassDEP has agreed to suspend $2,000 pending compliance for a one-year probationary period.

7/24/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Dave Wickles Trucking of Hatfield for improper handling of asbestos building materials during a demolition project in Hadley. Asbestos containing building materials were not removed prior to the demolition of a single-family residence. MassDEP inspected 453 River Road Hadley, for purposes of evaluating conditions and making an imminent hazard evaluation. The remains of the demolished house were in the basement and in an open top container next to the site. A post-demolition inspection for asbestos-containing materials showed that some of the building materials contained regulated amounts of asbestos. Wickles cooperated fully in the subsequent clean-up of asbestos found at the site. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance during a one-year probationary period.

7/23/07: Suffolk Superior Court Associate Justice Carol Ball entered a Judgment which requires Tony and Ramona Eskanian to pay a penalty of $600,000 for violations of the Massachusetts Contingency Plan (Waste Site Cleanup) and Stage II Vapor Recovery (Air Quality) regulations at four gasoline stations located in Malden and Medford. The Justice required the Eskanian's to clean up contamination at the stations pursuant to a court-ordered schedule, which had been previously prepared by MassDEP. Of the total penalty, $300,000 must be paid and Justice Ball will forgive $300,000 of the penalty if the Eskanian's "fully satisfy all of their cleanup obligations in a timely manner".

7/20/07: MassDEP entered into a Consent Order with a $920 Penalty involving M. Burstein & Co. Inc., for Hazardous Waste Management violations in Holbrook. A multimedia inspection revealed the company had not complied with the requirements relative to its amount of hazardous waste generated, and failed to provide training to employees who handle hazardous waste. In addition to the Penalty the company has agreed to bring the facility into compliance.

7/2/07: MassDEP executed a Consent Order with a $3,740 Penalty regarding ST Associates for Hazardous Waste Management violations in Danvers. An inspection by MassDEP in March 2007 found violations the company was using a non-compliant press-cleaning solution and other storage and record-keeping violations. In addition to the Penalty, the company is required 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 will result in the elimination of approximately two tons per year of volatile organic compound (air pollutant) emissions from the facility.

7/20/07: MassDEP entered into a Consent Order with a $13,000 Penalty regarding 95 Forest Park LLC, for Water Pollution Control in Woburn. Gary Rupino, as owner of a subdivision, agreed to the Penalty and to failing to obtain a sewer extension permit before building the site infrastructure for a nine lot single-family home subdivision. Six of the nine lots were built with single-family homes and four of the houses were occupied prior to MassDEP's unannounced site inspection. MassDEP has the city of Woburn under an Order related to on-going sanitary sewer overflows to both Vine Brook in Burlington and Horn Pond in Woburn. Woburn has municipal drinking water wells adjacent to Horn Pond and Burlington draws drinking water from Vine Brook. As a result of MassDEP involvement, both municipalities are working to reduce Infiltration and Inflow (I/I) entering their respective sewerage collection systems and have long established I/I Banks to assist with I/I removal. Woburn currently has a 10:1 I/I Removal program. A new Order was recently signed with the City of Woburn on 5/1/07 and requires the City to further address on-going I/I issues. Rupino must prove that the local I/I Bank requirement has been met and obtain a MassDEP Sewer Permit. 

7/19/07: MassDEP executed a Consent Order with the Rose Trust for Waste Site Cleanup violations at 296 Broadway in Lawrence. The Trust (Antonio LaRosa/trustee) failed to meet deadlines set out in a Notice of Noncompliance issued on 6/5/07. New deadlines have now been established that will return the site to compliance with submittals on the status of the cleanup due on 9/6/07 and throughout 2008 culminating in a final outcome statement no later than 12/30/08. In addition, LaRosa has agreed to stipulated penalties ($1,000 a day) in the event of non-compliance with the Order.

7/19/07: MassDEP entered into a Consent Order with Hess Corporation for Waste Site Cleanup violations at 2055 Massachusetts Avenue in Cambridge. The company operates a gasoline station at that property where it has failed to meet cleanup deadlines. Today's Order specifically requires the submittal of a final outcome no later than 9/30/08. In addition, Hess Corporation has agreed to stipulated penalties ($1,000 a day) in the event of non-compliance with the Order.

7/19/07: MassDEP entered into a Consent Order with a $32,000 Penalty regarding Jacques/Pilling LJS, LLC, for Waste Site Cleanup violations at 52 Wingate Street in Haverhill. The LLC is the owner and/or operator of the property where violations for failure to meet deadlines set out in a Notice of Noncompliance issued on`1/26/07. Today's Order requires an Immediate Response Action report (either status update or completion statement) by 9/15/07. Additional reports are due throughout 2008 and a final outcome no later than 11/30/09. MassDEP has agreed to suspend $22,000 of the Penalty pending full compliance. In addition, the Order contains a stipulated penalty provision for any missed deadlines.

7/18/07: MassDEP executed a Consent Order with Renaissance Manor for Water Pollution Control violations at its facility in Westfield. Renaissance Manor is a nursing and convalescent care facility has agreed to correct the operation and maintenance of their wastewater treatment facility. Today's Order specifies a schedule for the engineering studies necessary to replace the wastewater treatment facility.

7/18/07: MassDEP executed a Consent Order with West Warren Water District for Water Management Act violations in Warren. Specifically, violations involve the District's water use during 2006 that exceeded registered withdrawal threshold (average of 100,000 gallons per day, without registration or permit). Today's Order requires the District to submit supporting information for actual withdrawals and to apply for a permit if the District exceeded the threshold.

7/16/07: MassDEP entered into a Consent Order with a $6,900 Penalty regarding the C&M Realty Trust (Bryan Melanson/owner) for Water Pollution Control violations in Burlington. The trust, failed to obtain a sewer extension permit before building the site infrastructure for a four-lot single-family home subdivision and actively discharging wastewater. Three of the four homes were built, sold and occupied prior to MassDEP's unannounced site inspection.

7/16/07: MassDEP entered into a Consent Order with a $2,875 Penalty involving John Bardascino, for Water Pollution Control violations in Woburn. Bardascino, owner of a two-lot subdivision, failed to obtain a sewer extension permit before building the site infrastructure for the two-lot single-family home subdivision. One of the two lots was built with a single-family home occupied by Bardascino prior to MassDEP's unannounced site inspection. MassDEP previously entered into Consent Order with the City of Woburn related to on-going sanitary sewer overflows to both Vine Brook in Burlington and Horn Pond in Woburn. Woburn has municipal drinking water wells adjacent to Horn Pond and Burlington draws drinking water from Vine Brook. As a result of MassDEP involvement, both municipalities are working to reduce Infiltration and Inflow (I/I) entering their respective sewerage collection systems and have long established I/I Banks to assist with I/I removal. Woburn currently has a 10:1 I/I Removal program. A new ACO was signed with the City of Woburn on 5/1/07 and requires the City to further address on-going I/I issues. The Respondent must prove that the local I/I Bank requirement has been met and obtain a MassDEP Sewer Permit.

7/12/07: MassDEP entered into a Consent Order with American Marine and Boat Storage, Inc., for Waste Site Cleanup violations at 115 Water Street, in Newburyport. The company owns and operates at the site, and failed to submit timely reports on the cleanup of contamination. MassDEP previously issued a Notice of Noncompliance on 5/11/07. Under today's Order, deadlines have been established to return the site to compliance with the submittal of phase II and III reports by 11/30/07. Thereafter additional reports are due in 2008 with final outcome due no later than 11/30/09. In addition, American Marine and Boat Storage, Inc. agreed to stipulated penalties ($1,000 a day) in the event of non-compliance with the Order.

7/11/07: MassDEP entered into a Consent Order with Francesco's Restaurant for Water Supply violations in Brimfield. Francesco and Rosa Ferrentino, as owners of the establishment, agreed to specific actions and requirements to be undertaken in order to replace the water supply well and address treatment and sampling issues at the facility which functions as a public water system (a transient non-community). Today's Order follows (2) previous Notices of Noncompliance for violations of drinking water regulations observed during a sanitary survey.

7/11/07: MassDEP entered into an Amendment to an existing Consent Order with the Ponderosa Pines Campground in Lanesboro due to Water Supply violations. The campground has now agreed to address an exceedance of the maximum contaminant level for total coliform bacteria during April and May 2007.

7/10/07: MassDEP executed a Consent Order with the Town of Millbury due to Waste Site Cleanup violations at the Asa Water's Mansion. The town owns the historical property where a release of #2 heating oil from an underground storage tank occurred. Cleanup deadlines have been missed. Although initial actions were taken under an Immediate Response Action, including source removal and some monitoring, the cleanup has not been completed. The Order contains a legally enforceable schedule for actions to be taken to complete the assessment and close out the site.

7/10/07: MassDEP entered into a Consent Order with the town of Hingham for Solid Waste violations at the landfill in Hingham. The town owns and operates an unlined solid waste landfill. The Town has not completed an assessment of the landfill and has not completed closure of the landfill. Today's Order requires the town to complete an assessment of the landfill, submit a Corrective Action Alternatives Analysis, and thereafter a Corrective Action Design. In addition, complete closure of the landfill and a closure certification report will follow. Full assessment of the landfill area is necessary in order to ensure appropriate remedial actions are completed. Adequate closure of the unlined landfill will eliminate potential leachate discharge to the environment.

7/6/07: MassDEP issued a Unilateral Order to Frederic J. Freidus as Trustee of the Freidus Realty Trust of 1999 for Water Supply violations in Bolton. Freidus is the owners of a facility known as Bolton Corners located in Bolton. The facility includes an approved public water system that serves tenants at the location, including a food service establishment and a dental office. In response to notification from the facility's certified operator on 7/4/07, recent routine samples detected the presence of total coliform in the distribution system, and that a subsequent sample also detected the presence of e.coli bacteria, MassDEP issued a boil-water order. The Order requires the supplier to notify all users to boil water for one minute before using, complete disinfection and flushing operations, conduct additional sampling, and submit a written report of all actions taken, as well as the analytical results of all samples taken. Today's Order is issued to ensure that the public water supplier continues to provide a safe and reliable source.

7/6/07: MassDEP entered into a Consent Order with Temple Ner-Tamid for Wetlands violations at 368 Lowell Street in Peabody. Responding to a complaint, staff visited the site and found that soils and yard wastes had been piled approximately 20 feet high impacting 3, 200 square feet of Bordering Vegetated Wetland (BVW). The materials had been deposited with knowledge of the Temple over a period of time and come from multiple sources including landscapers, contractors and the city of Peabody. There was no record of any application or authorization for this activity. The Temple has agreed to restore the impacted area, stabilize the buffer-zone slope, and future monitoring. MassDEP has agreed to suspend $8,500 of the Penalty pending one year of full compliance.

7/5/07: MassDEP entered into a Consent Order with Anthony Bruno for Waste Site Cleanup violations at 77 Hurly Street in Cambridge. Bruno, owner and operator of the property failed to submit status reports on the cleanup and failed to meet deadlines. Under today's Order, in addition to agreeing to bring the site back into compliance, Bruno has agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

7/5/07: MassDEP entered into a Consent Order with Aptt Industrial Saws, Inc. of Brimfield for Waste Site Cleanup violations. The company, located at 40 Sturbridge Road in Brimfield, failed to submit the Phase II Report and the Phase III Plan relative to the cleanup at this site. Previously, MassDEP issued a Notice of Noncompliance on 2/15/07. Today's Order establishes a new deadline for submittal of the Phase II Report and the Phase III Plan by 9/4/07. Under today's Order, new deadlines to complete response actions are established stipulated penalties for any future noncompliance or missed deadlines.

7/5/07: MassDEP entered into a Consent Order with Rice Oil Company, Inc. for Waste Site Cleanup violations. The company is the responsible party conducting response actions at 451 Bernardston Road in Greenfield. Specifically, violations were for failure to submit a final closure statement by the deadline established in an extension approved on 4/706. Today's Order establishes a new deadline for submittal of completion reports and final outcome statement by 4/2/08. Today's Order also contains a provision for stipulated penalties for any future noncompliance or missed deadlines.

7/4/07: MassDEP issued a Notice of Noncompliance to New Ventures Associates, LLC (aka Crow Lane Landfill) in Newburyport. MassDEP noted New Ventures failure pursuant to paragraph (9) of a Suffolk Superior Court preliminary injunction entered on 10/20/06 and amended on 11/1/06 and 2/22/07 with regards to activities occurring at the landfill. New Ventures is in noncompliance with one or more provisions of the Order and that New Ventures shall not resume the receipt and placement of construction and demolition 'fines' and 'residuals' at the landfill until such time that compliance with the Order and MassDEP approves the resumption in writing.

7/2/07: MassDEP has entered into a Consent Order with 838 Moody Street Realty Trust for Waste Site Cleanup violations in Cambridge. The Trust (Robert Hayes/trustee) agreed that it failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 3/20/07. Today's Order establishes a deadline of 11/30/07 for submittal of final outcome statement. In addition, today's Order contains a stipulated penalty provision for any future missed deadlines.

7/2/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving Abide, Inc. for Asbestos violations in Pittsfield and Northfield. Abide, located in East Longmeadow, agreed to settle two cases involving noncompliance with asbestos handling regulations at Pittsfield High School and the Northfield Mount Herman School. At the Pittsfield High School, an asbestos floor tile removal, the company failed to properly containerize asbestos containing waste material at the site. At the Northfield Mount Herman campus, during a steam line removal project, MassDEP observed exposed asbestos and a steam-line trench that did not have a properly sealed work area. MassDEP has agreed to suspend $7,000 of the Penalty pending full compliance during a one-year probationary period.

7/2/07: MassDEP entered into a Consent Order with a $36,000 Penalty regarding the Tony and Son Real Estate Investment Trust for Waste Site Cleanup violations in Methuen. The Trust (Rafic Saadi/trustee), which owns the property at 75 Swan Street in Methuen, failed to meet deadlines set out in a Notice of Noncompliance by MassDEP on 1/22/07. Today's Order requires a written request for an extension by 7/30/07, an Immediate Response Action Status or Completion Statement by 9/30/07 and a Phase II Report by 12/30/07. Additional deadlines have been established with a final completion statement due no later than 12/30/09. MassDEP has agreed to suspend $26,000 of the Penalty pending full compliance. Today's Order also contains a stipulated penalty provision for any future missed deadlines.

7/2/07: MassDEP entered into a Consent Order with a $22,500 Penalty regarding Eighty Trust for Waste Site Cleanup violations at 25-55 Morrissey Boulevard in Boston (Dorchester). William T. Vrettas, as trustee, has agreed to complete the cleanup. Specifically, violations were for failure to submit final outcome statement within the deadline. Previously, MassDEP had issued a Notice of Noncompliance on 5/23/06. New deadlines have now been set to return to compliance no later than 8/31/07. MassDEP has agreed to suspend $15,000 pending full compliance.

7/2/07: MassDEP issued a Notice of Responsibility and Notice of Response Action (NORA) to New Ventures Associates, LLC and William Thibeault (individually) directing them to undertake response actions at the Crow Lane Landfill to control and mitigate the continuing release of landfill gas from the site. The NORA requires that New Ventures and Thibeault respond in writing to the MassDEP by 7/16/07 as to whether or not they intend to perform the Response Actions. The NORA provides that if their response is inadequate or incomplete, or they fail to undertake the necessary response actions in accordance with the MCP, MassDEP may perform the necessary response actions and take appropriate legal action against them, including cost recovery activities. In addition, NERO issued notice to New Ventures in accordance with the Financial Assurance Mechanism for the project of the MassDEP's intent to inform the Trustee that New Ventures had failed to perform closure or corrective action activities required by the MassDEP.

7/2/07: MassDEP entered into a Consent Order with a $28,750 Penalty involving the George West Realty Trust for Waste Site Cleanup violations at 43-51 West Street in Georgetown. The Trust, (with Richard Morello, Jr. and Jean M. Paquin as trustees) owns the location, the former Tidd's Used Auto Parts. Today's Order was issued after deficiencies in the Phase II report (relative to the cleanup) and for non-submittal of Phase III and Phase IV reports. MassDEP has agreed to suspend $14, 750 of the Penalty pending full compliance with future deadlines.

June 2007

6/29/07: MassDEP issued a $318,276.40 Penalty Assessment Notice to Blackinton Commons, LLC, for Waste Site Cleanup violations at 140 & 148 Commonwealth Avenue in North Attleborough. Blackinton Commons is involved in the re-development of a former jewelry manufacturing factory site into residential condominiums. 4/13/06, MassDEP issued a Notice of Noncompliance to Blackinton after an audit of Blackinton's reports [originally submitted by its consultant FSL on 12/29/05] relative to the cleanup revealed that a failure to meet the standard of care, performance standards and other requirements. The NON required Blackinton to Tier Classify (in order to complete additional required response actions at the Site) within 30 days of receipt of the NON. To date, Blackinton has not complied with this requirement and has not corrected other violations identified in the NON. MassDEP is currently negotiating a Consent Order with Blackinton to complete required response actions.

6/29/07: MassDEP issued a Demand Letter for $20,000 in Stipulated Penalties to RM Packer Company, Inc. relative to the cleanup of the former Ben David Motors site located on Lake Avenue in Oak Bluffs. The company failed to comply with the deadlines and requirements established in a Consent Order signed with MassDEP on 4/18/06. MassDEP originally executed the Order with Cottage City Land Company, Inc. to resolve noncompliance issues for the site. A deadline of 4/30/07 was established for submittal of both a Phase II Comprehensive Site Assessment Report (Phase II) and a Phase III Remedial Action Plan. Prior to the deadline, MassDEP was assured that the necessary documents would be submitted to MassDEP and in a timely fashion. On 5/10/07, an Interim Phase II and a Phase II Scope of Work were received but not the required documents.

6/29/07: MassDEP entered into a Consent Order with Brittany Dye and Printing Corporation for Air Quality violations at its New Bedford facility. In response to odor complaints, MassDEP inspectors found conditions of air pollution in the abutting residential neighborhood. The facility submitted a voluntary compliance schedule, which included dates for evaluating and conducting odor emission testing, fugitive emission and stack emission testing to determine compliance with the MassDEP's Chemical Health Effects Assessment Methodology and guidance for organic compounds. The facility must also submit a plan that brings the facility into compliance including so-called, Best Available Control Technology (BACT) relative to controlling odors emitted from the facility.

6/28/07: MassDEP executed a Consent Order with LTI Uxbridge Stanley Limited Partnership for Waste Site Cleanup violations at the former Stanley Woolen Mill on Mendon Street in Uxbridge. LTI has now agreed to timelines for the completion of the assessment and remediation of the site. The disposal site was originally identified in 1989; however, the prior owner failed to conduct the required actions. LTI acquired the property in 2005. The schedule established by today's Order is compatible with the planned development of this Brownfields site, and requires completion of the necessary actions by 2010.

6/28/07: MassDEP entered into a Consent Order with a $10,086 Penalty involving Aoude Gas & Repairs Service, Inc for Waste Site Cleanup violations at its Main Street property in Medway. Aoude failed to meet response action deadlines. In August 1997, soil contamination was discovered at the property during the removal of three 4,000-gallon underground storage tanks. MassDEP had issued a Notice of Noncompliance to Aoude, and in April 1998, the company submitted preliminary information describing contaminant conditions, and provided a plan for site cleanup. However, since those submittals in 1998, the company has failed to provide any further documentation, as required. Under the terms of today's order, in addition to the Penalty, the company has agreed to complete required activities under an accelerated cleanup schedule.

6/28/07: MassDEP entered into a Consent Order with a $10,000 Penalty regarding James Hadley, d/b/a Autowright Motor Company for Waste Site Cleanup violations at the company's facility on West Boylston Street in West Boylston. Hadley failed to complete and submit a Phase II Comprehensive Site Assessment. MassDEP initially issued a Notice of Noncompliance to Hadley for this violation in February 2006. Hadley failed to return to bring the site into compliance. In addition to the Penalty, now, Hadley has now agreed to fully assess and complete the necessary cleanup by May 2008; MassDEP has in turn agreed to suspend $6,500 of the Penalty pending compliance.

6/28/07: MassDEP entered into a Consent Order with an $8,625 Penalty regarding Northern Pelagic (NORPEL) Group, LLC, for Clean Water Act violations in New Bedford. NORPEL operates a facility in New Bedford that processes and distributes fish (herring and mackerel) for resale. During February, March and April 2006, MassDEP received several complaints regarding discharges to the Acushnet River from NORPEL. On 5/4/06, MassDEP found during an inspection and review of local records the violations of the federal Clean Water Act, the Massachusetts Clean Waters Act, and the Massachusetts Surface Water Discharge Permit regulations. Today's Order requires NORPEL to cease all un-permitted discharge of pollutants to the Acushnet River; NORPEL, however, intends to continue discharging process water to the City's sewer system in accordance with its permit. Should NORPEL decide to discontinue use of the city's system, NORPEL will apply for any appropriate approvals.

6/28/07: MassDEP entered into a Consent Order with a $3,000 Penalty involving the Boro Sand & Stone Corporation for Solid Waste and Groundwater Discharge violations in North Attleborough. Boro is, a ready-mix concrete facility that MassDEP inspected on 3/31/07, and observed the violations specifically the operation of floor drains. The Order requires that Boro Sand & Stone Corp. immediately cease and desist discharge of oil/pollutants from the floor drains and the cement truck chutes to the ground surface. Today's Order also establishes an aggressive schedule to close out the floor drains as well as correct the solid waste violation.

6/28/07: MassDEP entered into a Consent Order with a $9,750 Penalty involving Rita O'Brien and William Settipane for Wetlands violations at 454 Broadway in Revere. The location is a trailer park where MassDEP was inspecting an adjacent property and found evidence of newly disturbed soils and a trailer partially located in a Bordering Vegetated Wetland (BVW). It was discovered that Settipane had recently reconfigured his trailer placement into the BVW and performed extensive "clean up" activities in connection with a pending purchase of the entire trailer park from O'Brien. The "clean up" activities, including removal of solid waste, were ordered by the city of Revere. However, the activities took place within BVW and Buffer Zone, altering approximately 2,000 square feet of BVW, without any WPA filings or authorization by the Revere Conservation Commission. In addition to the Penalty, today's Order requires removal of the trailer from the BVW, restoration of the BVW, planting/ stabilization and five (5) years of monitoring. MassDEP has agreed to suspend $4,750 of the Penalty pending compliance by 10/31/12.

6/28/07: MassDEP entered into a Consent Order with a $4,000 Penalty involving Easton Tennis Club for Drinking Water violations in Easton. Easton Tennis Club did not receive a permit to operate as a public water supply and has agreed to bring the facility into compliance.

6/27/07: MassDEP entered into a Consent Order with Robert and Debra Witt for Wetlands violations on Greenwich Road in Hardwick. The Witts undertook construction of a new agricultural field for raising cattle (Map 80 Lot 11). The actions involved cutting and removing vegetation within a Bordering Vegetated Wetland (BVW) without first filing a Notice of Intent and issuance of a final valid Order of Conditions. Site work took place between 2003 and 2005 as was revealed by the MassDEP Wetlands Change aerial photos. Prior to undertaking the activity, the owners had met informally with the local conservation commission, and verbally advised that no permitting was necessary for the project. Today's Order requires the filing of a Notice of Intent and involves retaining a qualified person(s) to prepare a plan to restore, construct and fully stabilize the replacement area (.56 acres of BVW) no later than 6/1/08.

6/27/07: MassDEP issued a Demand for a $500 Penalty to Janelon Trust for failure to comply with agreed upon requirements to restore wetlands. Janelon failed specifically to nominate the contractor and designate a foreperson responsible for implementing a restoration plan of a stream and a pond serving a state salmon hatchery.

6/27/07: MassDEP entered into a Consent Order with a $20,000 Penalty involving Dugan Marine Realty, LLC (d/b/a Wareham Boatyard & Marina, Inc.) for Chapter 91 and Waterways violations. Over the past five years, Dugan Marine Realty has reconfigured and expanded the docking facilities at the marina without prior authorization under Chapter 91 and in violation of existing licenses. Today's Order requires that Dugan Marine Realty obtain a Chapter 91 License for the marina expansion based on the site plans recently approved by the Wareham Conservation Commission and Zoning Board of Appeals.

6/27/07: MassDEP executed a Consent Order with a $2,000 Penalty involving Nancy and Douglas Hart for Wetlands violations at their 11 Thunderbridge Lane property in Middleton. As the result of a telephone complaint about many truckloads of fill arriving at the site, MassDEP found that approximately 2,500 square feet of Bordering Land Subject to Flooding (BLSF), and areas of Buffer Zone, were covered with multiple 10 foot high piles of fill not yet spread. The property contains a single family home and a horse boarding business with structures and paddocks constructed under a previously issued local Order of Conditions. However, no order or application for this new filling activity was on record. This work was intended to raise the elevations in the paddock areas that often flood. Today's Order requires removal of the fill, restoration of the altered BLSF (particularly flood storage volume) and Buffer Zone (including moving fencing and planting) and monitoring.

6/26/07: MassDEP issued a Demand for $90,000 in Stipulated Penalties involving BATG Environmental, Inc., for its failure to comply with required activities in connection with the closing of a landfill in Millville. The company, which is based in Taunton, is involved with the closure of an inactive, unlined landfill located in Millville. Specifically, the company failed to complete specific activities in accordance with the timelines established in a June 2006 Consent Order with the Department.

6/26/07: MassDEP entered into a Consent Order with a $1,720 Penalty involving Budget Truck Rental Inc for Hazardous Waste Management violations at its facility in Braintree. A multi-media inspection revealed the company had not complied with requirements for generators of waste oil and hazardous waste such as ensuring proper registered status, conducting waste accumulation area inspections and providing training to employees who handle the wastes. In addition to the Penalty, the facility will be brought back into compliance and applicable regulations.

6/26/07: MassDEP executed a Consent Order with an $8,500 Penalty involving RDA Construction Corporation for Solid Waste and Water Quality violations in Boston Harbor. RDA was working as a contractor for Massachusetts Division of Marine Fisheries to construct an artificial reef on the Boston Harbor seafloor. During construction of the reef by RDA, pieces of carpeting and carpet padding were deposited among with the large boulders in sections of the reefs. After failing to remove the carpeting after being directed to do so by MassDMF and MassDEP, the contractor has now done so. Today's Order settles an appeal of a Penalty Assessment Notice previously issued to RDA.

6/25/07: MassDEP executed a Consent Order with a $27,000 Penalty involving Pinetree Power Fitchburg, LLC, for Air Quality violations in Westminster. The facility burns wood chips as its primary fuel, but also burns landfill gas and paper cubes as secondary fuels to generate approximately 16-megawatts of electricity. During a review of emission monitoring reports conducted last year, it was determined that the company had exceeded emission limits for Nitrogen Oxides, Opacity, Carbon Monoxide, and Ammonia. Today's Order requires the company to comply with emission limitations. The company has agreed to conduct a Supplemental Environmental Project (SEP) in which it will collect and process brush and wood chips from local roadway maintenance projects. MassDEP agreed to suspend $25,250 of the Penalty pending compliance. In addition, the SEP will allow for the proper processing of library discards, or old library books, into fuel cubes.

6/25/07: MassDEP entered into a Consent Order with a $17,050 Penalty regarding 74 CommAV, LLC for Asbestos violations at 74 Commonwealth Avenue in Boston. MassDEP personnel responded to a complaint alleging illegal asbestos removal and found visible asbestos debris in the boiler room of the property. MassDEP has agreed to suspend $11,050 pending compliance for one year.

6/25/07: MassDEP entered into a Consent Order with a $1,000 Penalty for Asbestos violations involving Premier Abatement & Labor Services, Inc. During a routine inspection of a demolition/asbestos abatement site at 250 Merrimac Street in Lawrence, MassDEP observed asbestos containing waste material which was not properly sealed or labeled in Premier's asbestos containing waste trailer.

6/25/07: MassDEP entered into a Consent Order with Longview Apartments at Georgetown, LLC for Groundwater Discharge violations in Georgetown. The violations related to monitoring wells used as part of its groundwater discharge permit at Longview Apartments (aka Georgetown Village). During an October 2006 inspection by MassDEP, a potential release of a petroleum product into an unsecured monitoring well was found. In addition to the monitoring wells at the site not having been installed in the correct locations. The discharge was discovered to have been brake fluid from a tenant but underscored the susceptibility of the monitoring wells to outside influence. The wells must be properly located and secured. Under the terms of today's Order, Longview Apartments at Georgetown has agreed to provide: additional monitoring of the monitoring wells for VOCs; a revised monitoring well plan to address the incorrectly located monitoring wells (including security measures); installation of any new monitoring wells as mandated by the revised monitoring well plan; and the monthly inspection of the monitoring wells by the licensed wastewater treatment plant operator to provide additional oversight and protection to the monitoring wells. These measures will ensure that the wastewater treatment plant - which is permitted to discharge up to 36,080 gallons per day of treated effluent and its associated soil absorption system and monitoring wells - will work in a way that provides the best protection possible to the quality of groundwater in that area.

6/25/07: MassDEP entered into a Consent Order with James Tobin and Jennifer Manning for Wetlands violations at 217 Nashua Road in Billerica. Tobin and Manning recently purchased the property. Today's Order requires them to comply with a previous Consent Order (agreed to by the prior owners) for this property. Today's Order requires two full growing seasons of monitoring and reporting on 1,329 square feet of recently restored Bordering Vegetated Wetland and submittal of a request for a final Certificate of Compliance no later than 12/31/08.

6/23/07: MassDEP executed an Amendment with a $2,000 Penalty to an existing Consent Order with Mother Brook, LLC, for Waste Site Cleanup violations at One Westinghouse Plaza in Boston (Hyde Park). Mother Brook, LLC is the current owner of the site. Specifically, the Amendment extends the deadline for completing cleanup of the property until 7/1/08.

6/22/07: MassDEP entered into a Consent Order with a $4,025 Penalty involving Kochman Reidt & Haigh, Inc., for Air Pollution and Hazardous Waste Management violations in Stoughton. A multi-media inspection by MassDEP found the company failed to maintain compliance with coating limitations and failed to maintain records of: paint consumption, applied coatings meeting regulatory limitations and total emissions. Kochman Reidt & Haigh was also generating more hazardous waste than it was registered to do. Today's Order ensures compliance with all applicable regulations.

6/21/07: MassDEP entered into a Consent Order with Robert Davis, Trustee, Davis Farm Trust relative to Water Supply compliance in Bolton. The Davis Farm Trust owns Bolton Orchards located on Still River Road in Bolton. Today's Order establishes a schedule for the development of a new, compliant public water supply well to serve the facility. Bolton Orchards is currently a registered Transient Non-Community Public Water System with a non-compliant, restricted Zone 1. Today's Order further allows the facility to proceed with the addition of an ice cream counter. As a result, a new compliant well is permitted and constructed on the property. As an interim measure, an outside source of water will be used for on-site irrigation purposes, thereby reducing the water usage from the existing well. This ensures the ongoing quality and quantity of water being served to the public will continue to meet regulatory standards while a new well is constructed.

6/20/07: MassDEP issued a Unilateral Order and $30,000 Penalty Assessment Notice to WBAS Development Corporation for Waste Site Cleanup violations on Maple Street in Norton. The owner, Frank McGuire, failed to respond to a Notice of Noncompliance sent on 2/15/07. The company also failed to respond to a similar NON sent four (4) years earlier on 2/19/03. Both NON's required the following: submit cleanup reports on the status of cleanup. The site is a former private dumping ground, which the current owner purchased in or near to the 2001 time period. During assessment work for a housing subdivision, MassDEP was notified (8/30/01) of conditions warranting a reportable release at the site. The owner has since built two houses at the location, but has never responded. The owner did not respond to MassDEP when a Notice of Enforcement Conference, nor did anyone attend on 5/10/07. Today's actions by MassDEP seek to bring the remaining three acres of undeveloped land into compliance with cleanup regulations.

6/20/07: MassDEP entered into a Consent Order with Richard J. and Lucy M. Lukason for Water Supply violations in Sutton. The Lukasons are owners of the Country Montessori Preschool of Sutton. They have agreed to an enforceable schedule for development of an approved non-transient, non-community public water supply (NTNC) system at their facility. The owners are required to operate the on-site well in accordance with the requirements for a NTNC public water supply, submit the appropriate permits to MassDEP for approval, and complete any required upgrades to the well. The owners also agree to tie into municipal water if it becomes available in their area. This action will ensure that up to sixty-nine (69) students and eleven (11) faculty members served by this public water supply will continue to receive water that is safe and fit to drink.

6/20/07: MassDEP executed a Consent Order with a $8,900 Penalty involving the Holland Company, for Water Pollution violations in Adams. On 3/4/07, the company released up to 15,000 gallons of a commercial liquid aluminum sulfate ("alum") at its chemical manufacturing facility in Adams. The company, which reported the release on 3/5/07, attributed the release to operator error and the failure of a sump pump. Immediately following the release, the company implemented cleanup activities. MassDEP issued a Unilateral Order on 3/14/07 requiring the company to continue with corrective actions. In 2005, Holland Company had entered into a Consent Order with MassDEP, as a result of chemical spills at its facility. One of the requirements of that enforcement action was for the company to develop and implement a spill prevention, control and contingency plan. The company, which has been cooperating with MassDEP, continues to implement that plan.

6/20/07: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Kenneth and Robert Kaszowski for Wetlands violations in Charlton. The violations occurred during the construction of Lambs Farm Estates, a residential subdivision located off Brookfield Road in Charlton. In August of 2006, MassDEP personnel observed that ineffective erosion controls had resulted in sediment deposition into wetland resource areas on the site. Initially, MassDEP issued a Unilateral Order to the Kaszowskis, requiring immediate implementation of effective erosion controls, retention of an erosion control specialist, development of a wetlands restoration plan, and development of an erosion control plan. The Kaszowskis complied with that Order. Under the terms of today's Order, the Kaszowskis have agreed to a schedule for the implementation of an erosion prevention plan to prevent any further erosion, and a wetlands restoration plan to correct the 1,000 square feet of altered wetland resource areas.

6/19/07: MassDEP executed a Consent Order with a $14,740 Penalty involving Springfield Terminals, Inc. (STI) for Waste Site Cleanup violations at 145 Armory Street in Springfield. STI operates a large bulk oil storage terminal where it discharged up to 3,000 gallons of oil to the City's publicly owned treatment works. The fuel oil leak began on 12/31/06, due to a leak in piping from a 500,000-gallon capacity aboveground oil storage tank. Fuel oil was released into a containment dike surrounding the aboveground tank, but was pumped to the sewer system by a sump pump that had been installed by STI to remove water accumulation in the dike. The sump pump had been left to run automatically, and discharged a mixture of water and oil onto the parking lot of the facility. The spill was discovered on 1/1/07. MassDEP was notified of the spill on that date and responded to find that STI had undertaken immediate steps to contain and cleanup the spill. However, the majority of the spill entered a storm drain that discharged to the city's sewer system, and could not be recovered. MassDEP has now agreed to suspend $4,620 of the Penalty provided STI meets specific cleanup deadlines, submits a copy of a revised plan (relative to spill control) and retains an engineer to assess surface water accumulation and groundwater infiltration into the containment dike. STI has discontinued use of the site and has emptied the storage tank pending resolution of the water issues.

6/19/07: MassDEP issued a Unilateral Order to the town of Blandford for Water Pollution violations. The Order requires the town cease the discharge of the elementary school wastewater into Potash Brook.

6/19/07: MassDEP issued a Unilateral Order to Jane, Leon and Mark Andrews for Wetlands violations off Gardner Road in Hubbardston. As property owners, the Andrews are required to stop development activities that have resulted in erosion and sedimentation from land they own. MassDEP conducted an inspection of the area and observed violations. Sedimentation to a bordering vegetated wetlands, river front area and land under water body has occurred. The Order requires the owners to hire a wetlands specialist to evaluate the extent of impact, and to prepare a wetlands restoration plan for the impacted areas on the property. Submission of an erosion and sedimentation control plan for the site is also required by the Order. MassDEP approval of both the restoration plan and the sedimentation plan is required prior to any implementation. Additional enforcement action containing a penalty assessment is anticipated.

6/18/07: MassDEP entered into a Consent Order with Fletcher Granite Company, LLC for Wetlands violations abutting the company's location at 534 Groton Road in Westford. The violation was identified using aerial photography and consisted of unauthorized fill and alteration to 1,000 square feet of property that occurred from maintenance and enlargement of an access roadway into both properties. Under a previously executed Consent Order, Fletcher Granite offered to restore the altered area through this separate ACO, contingent on getting an access agreement from the abutting property owner, while not admitting responsibility for the violation.

6/15/07: MassDEP entered into a Consent Order with Fisher Realty Trust for Waste Site Cleanup violations at 58 Grove Street in Middleboro. The Trust failed to comply with the deadlines established for cleanup actions. MassDEP identified violations of cleanup requirements during an audit, specifically of the final outcome statement and the activity and use limitation applicable to this site. Under today's Order, a sixty-day deadline has been established 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, however, establishes what the specific deadlines are for completing certain tasks required to correct the violations.

6/15/07: MassDEP entered into a Consent Order with a $27,500 Penalty involving Janelon Five Trust for Wetlands violations at Burleigh Estates Subdivision on Warren Street in Palmer. Construction of the residential subdivision that resulted in severe impacts to downstream wetland and stream areas, including a water supply pond used by the Massachusetts Division of Fisheries and Wildlife for raising Atlantic salmon. On 7/7/06 MassDEP inspected the site and observed impacts of 8,000 s.f. of bordering vegetated wetlands 1,919 s.f. of Bank, 1.6 acres Land Under Water (hatchery pond), 8,000 s.f. of Riverfront Area, and 5,400 s.f. of Bordering Land Subject to Flooding. Although the impacted resource areas were remote from the removal of all vegetation and destabilization of 10 acres of upland caused significant quantities of sediment to migrate from the site, roads and storm sewers and discharge to the resource areas. The Order requires restoration of the pond by 7/20/07 and stabilization of impacted wetland areas to prevent additional discharges of sediment from entering the pond. In addition to today's Penalty, additional stipulated penalties are set forth if the company fails to comply. In reaching today's Order, MassDEP coordinated closely with Fisheries and Wildlife.

6/15/07: MassDEP executed a Consent Order with a $16,848 Penalty involving Clariant Corporation for Air Pollution violations in Holden. Odor complaints were first received and verified in 2005, which led the company to implement process changes in an attempt to eliminate the odors. However, odors conditions continued to exist into 2006, causing the company to re-locate the odor generating process line out-of-state in order to achieve compliance. Today's Order requires the company to maintain compliance with all applicable regulations. The Order will alleviate the condition and ensure that the surrounding area will not be impacted by nuisance odors.

6/15/07: MassDEP entered into a Consent Order with a $5,750 Penalty involving the Ideal Concrete Block Company for Water Supply violations at its facility in Westford. The company operates an unapproved public water system. The facility has reportedly been using its on-site well for potable water for 29 years. Given the current number of employees, Ideal Concrete Block is operating as a Non-Transient Non-Community Public Water System. In accordance with today's Order, the company will hire a Certified Drinking Water Operator for its water system, install a water meter, conduct all required monitoring, conduct a cross connection survey, prepare a lead/copper sampling plan, and prepare a plot plan showing all potential sources of contamination. MassDEP has agreed to suspend the entire Penalty pending full compliance with today's Order.

6/15/07: MassDEP entered into a Consent Order with an $18,000 Penalty regarding the city of Everett for Water Supply violations in Everett, specifically the city's lack of primary and secondary certified operators for its municipal public water system. Today's Order replaces a 5/10/07 Unilateral Order. Everett will hire primary and secondary certified operators within 30 days. MassDEP agreed to suspend the entire Penalty pending compliance.

6/14/07: MassDEP entered into a Administrative Consent Order with a $1,250 Penalty with Alvin Hollis Company for Hazardous Waste Management violations at the company's South Weymouth facility. A multi-media inspection revealed: the company was not in compliance. In addition to the Penalty the company has agreed to bring the facility back into compliance.

6/14/07: MassDEP issued an Emergency Water Declaration to the town of Provincetown to authorize the temporary use of two wells in the Cape Cod National Seashore. These surplus wells formerly supplied the former North Truro Air Force Base, which no longer exists. The wells have been utilized by Provincetown to meet the maximum day demand that occurs during the summer months. This water system can experience demands of 2 million gallons per day. The Seashore has allowed the use of the wells as Provincetown tries to find new sources of supply. The Town of Truro and Town of Provincetown have recently entered into an agreement to allow Provincetown into Truro to explore for new sources of water supply in Truro. Test wells have been installed at one of two promising well sites and an aquifer pump test program will be initiated.

6/14/07: MassDEP entered into a Consent Order with a $5,495 Penalty regarding Massachusetts Department of Correction (DOC) for Water Supply violations in Shirley. DOC operates a community public water system at the MCI-Shirley correctional facility complex, and has agreed to a schedule for the facility to come into compliance with corrosion control requirements, arsenic rule requirements, reporting requirements, and other operational deficiencies identified during a sanitary survey inspection of the facility. The Order further requires that while the facility is being permitted for the necessary arsenic removal treatment, one well will remain off-line to assure that the facility remains in compliance with the arsenic drinking water standard. Through this action, DOC will continue to provide safe and pure drinking water to the 3,500 persons served daily.

6/13/07: MassDEP entered into a Consent Order with an $18,550 Penalty regarding Jeffrey and Teresa Daignaults for Wetlands violations at 408 Pine Road in Otis. The Daignaults undertook construction of docks, decks, and a fill/stone retaining wall along the bank of Otis Reservoir without first filing a Notice of Intent and receiving a valid Final Order of Conditions and a Chapter 91 License for these structures. Construction impacted 100 ft. of Bank, and 2,500 s.f. of Land Under Water at the reservoir, which is a Great Pond of the Commonwealth. MassDEP initiated this enforcement action in response to a request for enforcement assistance by the town. The town (through its conservation commission) issued an enforcement order to the Daignaults. Today's Order with MassDEP requires the Daignaults to submit a proper and complete revised Notice of Intent, and Chapter 91 License within 15 business days. The Order also requires removal of certain structures. MassDEP has agreed to suspend $9,300 of the Penalty pending compliance with the Order.

6/13/07: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Charles and Linda Arkle for Wetlands violations at 599 Warrant Wright Street in Belchertown. The Arkles undertook construction of a new horse paddock by cutting vegetation, constructing a drainage ditch, and stock pond within a Bordering Vegetated Wetland (BVW) at their personal residence, without filing a Notice of Intent and obtaining a valid Order of Conditions. MassDEP found through aerial surveillance that work took place between April 2001 and April 2005. The work impacted approximately 0.9 acres of BVW. The Order requires full restoration of the impacted wetland by 10/26/07. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance with the Order.

6/13/07: MassDEP entered into a Consent Order with a $20,000 Penalty involving the Goose Pond Maintenance District for Wetlands violations at the Goose Pond dam in Tyringham and Lee. The District commenced fall drawdown of Goose Pond during the 2005 season without filing a Notice of Intent or without having obtained a valid final Order of Conditions allowing the work. The work commenced after MassDEP had already provided regulatory guidance on this issue and the issuance of drawdown of the lake. An annual 4-foot drawdown had taken place for decades at the 246-acre Great Pond without any permits. MassDEP agreed to suspend $19,250 of the Penalty pending compliance with the Order including that the District submit a proper and complete Notice of Intent before the commencement of any 2007 drawdown.

6/13/07: MassDEP entered into a Consent Order with a $25,000 Penalty regarding ConocoPhillips Company for Water Supply violations in Charlton. ConocoPhillips operate a fueling station located at the Mass Turnpike Service Area 5 East in Charlton. In August 2002, MassDEP was notified that a release of gasoline at the Service Area had impacted a public water supply well at the Juniper Hills Apartments. MTBE is a gasoline additive that was detected in this water supply, but at concentrations below the drinking water guideline. MassDEP then approved an Immediate Response Action Plan that proposed the installation of a treatment system on the water supply to mitigate/eliminate the exposure pathway. However, by June 2006, ConocoPhillips submitted a final cleanup report, that failed to install the previously approved system. In addition to the Penalty, today's Order will ensure that the company provide bottled water to all residents of the Juniper Hills Apartments, and conduct necessary remedial actions to eliminate or mitigate the MTBE contamination at the well. The company will also submit required phase reports within specified deadlines.

6/13/07: MassDEP entered into a Consent Order with a $2,300 Penalty regarding Stephen Ando Paull Contractors, Inc., for Solid Waste violations at their construction yard located at 95 Turnpike Street in West Bridgewater. MassDEP found the violations during an unannounced inspection performed on 5/4/07, in response to a citizen's complaint. MassDEP observed the crushing of asphalt, brick and concrete ("ABC") rubble, an activity for which they had not submitted any notification to MassDEP as required. Under today's Order, within 60-days, the facility must either cease the un-permitted activity and cleanup the site or pursue and obtain a site assignment exemption. MassDEP has agreed to suspend $1,300 of the Penalty pending compliance. Today's Order further requires payment of stipulated penalties (i.e. $1,000.00/day) for continued noncompliance.

6/13/07: MassDEP issued a Unilateral Order to Mendon-Upton Regional School District for Water Supply violations at Henry P. Clough Elementary School in Mendon. The Order was issued after MassDEP was notified that the results of samples indicated elevated perchlorate concentrations. Initial perchlorate sampling is required at all non-transient, non-community public water systems during both April and September of 2007. Although April's 2007 concentrations exceeded the maximum contaminant level of two (2) parts per billion (ppb), the concentrations remained less than the advisory level of 18 ppb for general consumption. Today's Order outlines specific public notification activities that must be completed and requires the following: submission of applications for the design and construction of permanent perchlorate treatment facility; increased perchlorate monitoring; and, providing bottled water for all consumptive purposes at the school until compliance with the standard is achieved.

6/12/07: MassDEP entered into a Consent Order with a $6,900 Penalty involving Northeast Golf Properties (NEGP) for Water Management violations at 188 Oak Street in Norton. NEGP operates the Norton Country Club ("NCC"), an 18-hole golf course in operation since 1955 and located at 188 Oak Street, Norton. It was discovered that NEGP's water withdrawal intake for golf course irrigation is located within the Wading River within Chapter 91 jurisdiction and is not licensed. NCC irrigates 43 acres of turf. Metered water withdrawal data at Norton Country Club demonstrated that water withdrawals remained below WMA permit thresholds in 2006. However, the Department alleges the withdrawal for golf course irrigation may exceed the threshold for Water Management Act permitting. NEGP is required to apply for a Ch 91 License for the water withdrawal intake within the Wading River, required to adhere to an approved water conservation plan, and submit annual reports including metered water data to MassDEP for the next five years to demonstrate that they remain below permitting thresholds. MassDEP has agreed to suspend $4,000 of the Penalty pending compliance.

6/12/07: MassDEP entered into a Consent Order with Federal National Mortgage Association (FNMA) relative to Wetlands violations at 31 Meadow Lane in Lanesboro. FNMA, which had acquired the land, knew that the property had prior enforcement action and that it had not complied with its requirements. MassDEP issued an Enforcement Order to a prior owner on 6/6/04 for undertaking work in a Bordering Vegetated Wetland and Riverfront Area in the area of Town Brook without filing a Notice of Intent and a valid final Order of Conditions. Today's Order requires FNMA to fully restore the wetland and Riverfront Area by 10/1/07.

6/12/07: MassDEP entered into a Consent Order with a $10,000 Penalty involving Ray's Auto Parts for Wetlands violations at 466 Clayton Road in Sheffield. John Jasman, as owner of Ray', has agreed to correct the violations which involved undertaking expansion of the auto salvage yard into adjacent Bordering Vegetated Wetland areas. Aerial surveillance by MassDEP found that between the years of 2001 and 2005,Jasman initiated the filling and encroachment into the adjacent wetland areas thereby impacting 0.15 acres of wetland with placement of rock rubble fill. Today's Order requires that Jasman remove the fill and fully restore the wetland by 10/1/07. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance with the Order.

6/12/07: MassDEP executed a Consent Order with a $10,350 Penalty regarding Templeton Municipal Light & Water Plant for Waste Site Cleanup violations at its plant in Templeton. Specifically, the company failed to notify MassDEP within two hours as required after the release of hydraulic oil, and for failing to take Immediate Response Actions. The release occurred in September of 2005, when it was determined that a gasket on a pole-seating truck leaked approximately 28 gallons of hydraulic system oil, impacting the soil at a residential development located on South Road in Templeton. The company subsequently provided notification of the release six days later. The Order requires the submission of a Spill Prevention Control and Countermeasure (SPCC) Plan to MassDEP for approval, which will then be used to train employees on materials handling and notification requirements. Templeton has also agreed to provide copies of the approved SPCC Plan to the neighboring communities of Princeton and Ashburnham. MassDEP has agreed to suspend $9,350 of the Penalty pending compliance over one year.

6/12/07: MassDEP entered into a Consent Order with a $2,700 Penalty involving the Weetabix Company, Inc. for Hazardous Waste Management violations in Clinton. MassDEP found the company: generated more hazardous waste than allowed under its registered status; failed to properly maintain emergency information; and, failed to keep accurate records regarding its activities. In addition to the Penalty, the company will comply with applicable hazardous waste regulations and submit information regarding its existing Air Pollution Control activities for MassDEP evaluation.

6/11/07: MassDEP executed a Consent Order with a $5,000 Penalty regarding the H. Kermit & Company, Inc., for Waste site Cleanup violations at the Friendly Ice Cream Corporation (Friendly) wastewater treatment plant at 33 Kent Street in Springfield. On 12/5/06, an aboveground storage tank was overfilled, resulting in a release of an estimated 440 gallons of 93% sulfuric acid into a concrete containment area. The Friendly wastewater treatment plant operator and driver for Krevit were aware of a release on that date, but took no action to notify Friendly's or Krevit management, and did not notify local emergency responders. Neither party took any action to clean up the spill, and the sulfuric acid remained in the containment area overnight. On 12/6/06, Friendly's management became aware of the release and notified local fire officials and MassDEP. In addition to paying the penalty, Krevit re-trained its drivers on notification of and response to releases of oil and hazardous materials, and provided documentation of that re-training [Note: on 5/8/07 MassDEP executed a Consent Order with Friendly Ice Cream Corporation for the same violation].

6/11/07: MassDEP entered into a Consent Order with VFW Hampden Post #939 for Water Supply compliance at its facility in Hampden. The VFW Hampden Post #9397 operates as a public water system. The Post has agreed to address drinking water issues, specifically, to improve its wellhead construction or collect an initial sample for Microscopic Particulate Analysis by 10/15/07.

6/11/07: MassDEP issued an $860 Penalty Assessment Notice to S&R Corporation for Air Quality violations at a construction site in Northampton, specifically, excessive dust emissions during a demolition operation at the former Northampton State Hospital. The excessive dust emissions were caused by S&R's failure to employ proper dust control procedures during the demolition operation. In previous Consent Orders (dated 7/21/04 and 12/11/06), S&R - which is based in Lowell - agreed it would fully comply with all MassDEP regulations including the applicable air quality regulations cited here. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

6/11/07: MassDEP issued a Notice of Noncompliance to the town of Arlington for sanitary sewer overflows which were discharged to the Mystic River without a permit during the storm event on 4/17/07. Today's NON requires the town to report on actions it will take to eliminate infiltration and inflow from its sewer system, and to take actions to prevent future overflow events.

6/8/07: MassDEP entered into a Consent Order with a $13,800 Penalty involving Water Technologies Corporation for Water Pollution Control violations in Taunton. The company operates an analytical instrument manufacturer with a plant facility located in Taunton. On 2/2/07, the company reported to MassDEP a release of approximately 200 gallons of liquid from the Aqueous Waste Tank 1 (5,000 gallon tank) to the ground surface. MassDEP personnel inspected the facility and observed a violation of the hazardous waste regulation. Waters Technology did not use appropriate controls and practices to prevent overfilling that resulted in a release. The Order establishes an aggressive schedule for improving their tank secondary containment system and updating procedures for responding to tank alarms.

6/8/07: MassDEP entered into a Consent Order with a $1,625 Penalty involving Saint Anne's Hospital for Hazardous Waste Management violations at its Fall River facility. MassDEP conducted a multimedia inspection and found that St. Anne's was generating more hazardous waste than for which it was registered. In addition to the Penalty, of which $1,050 is for annual compliance fees it should have paid, St. Anne's has agreed to comply with regulations.

6/8/07: MassDEP entered into a Consent Order with a $27,000 Penalty involving Air Quality Experts (AQE) for Asbestos violations at Pickering School in Lynn. During April 2007, MassDEP's school inspection initiative arrived at the Pickering School in Lynn and observed dry asbestos-containing-material in the boiler room work area of the building. In addition, MassDEP found that AQE was operating an un-permitted asbestos waste transfer station in Lawrence. Under MassDEP's small business policy, $19,500 of the Penalty will be suspended pending full compliance for one year.

6/8/07: MassDEP issued a Notice of Intent to Assess an Administrative Penalty of $68,250 to Modern Continental Construction Co., (MCC) for failing to notify MassDEP prior to conducting asbestos abatement work. MassDEP found that the removal of asbestos containing bin wall soil and the improper placement of these soils on two separate occasions at the Central Artery/Tunnel right-of-way known as the DNC Lot on Causeway Street in Boston. MCC also failed to properly manage these asbestos-containing soils, transported the soils without a bill-of-lading and then illegally disposed of the asbestos containing soils at a non-approved landfill that can take special wastes. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

6/7/07: MassDEP entered into a Consent Order with The Admiralty Inn for Water Pollution Control violations at 53 Teaticket Avenue in Falmouth. The Admiralty operates a facility with sewage flows in excess of 15,000 gallons per day. Currently, the facility is served by on-site wastewater treatment systems. It was permitted and constructed prior to the promulgation of the groundwater discharge program, but the town of Falmouth is currently preparing a Comprehensive Wastewater Facilities Plan, which may include the possibility of a sewer extension to service the area where the Admiralty Inn is located. Today's Order allows a temporary upgrade of a failing on-site system along with contributions to an escrow account. After five years, the escrow money will be used to defray betterment costs if a sewer connection is available or to start financing a treatment works permitted under the Groundwater Discharge Permit program.

6/7/07: MassDEP issued a Unilateral Order to Ann and Hope of Rhode Island, for Water Pollution Control violations at Ann and Hope Plaza/95 Highland Street in Somerset. DEP issued the Order to the owner of small wastewater treatment plant due to malfunctions at the plant. Approximately 3,000 gallons of sewerage entered a catch basin and flowed into a detention pond. The order requires the owner to evaluate and repair the plant. Until MassDEP approves the restart of the plant, septage is being pumped from the equalization tanks and taken off site for processing.

6/6/07: MassDEP entered into a Consent Order with a $14,000 Penalty involving Eastern Bank for Waste Site Cleanup violations at 51 Commercial Street in Braintree. Eastern Bank is the owner of a commercial property where a former gasoline service station had existed. The property has been the site of a release of petroleum from its former underground storage tanks. On 11/2/06, MassDEP issued Eastern a Notice of Noncompliance for failing to complete response actions at the site in a timely manner. Eastern Bank did not comply with the NON, however. Today's Order establishes deadlines for Eastern Bank to complete response actions at the site.

6/6/07: MassDEP issued a Unilateral Order to the city of Worcester for Asbestos violations at the public schools. The city's Superintendent of Schools was required to retain the services of a licensed asbestos contractor to commence asbestos clean-up and decontamination of the auditorium at the Vernon Hill Elementary School in accordance with a remedial work plan that previously had been approved by MassDEP. The School's auditorium has been closed, and access restricted since MassDEP conducted an inspection in April and discovered that personnel from the city had improperly removed significant quantities of asbestos-containing floor tiles. Those removal activities were conducted without having provided prior notification, as is required, and without the use of any work area containment or air filtration systems. Additionally, the Order requires the city to have its selected asbestos contractor properly package and dispose of six unmarked drums containing pieces of dry, broken asbestos floor tiles that MassDEP inspectors discovered in the basement of the school.

6/6/07: MassDEP entered into separate consent orders with Boylston Downtown LP $25,675 and SBA Contractors $24,675 for asbestos violations found during an inspection of 62 Boylston Street on 3/30/07. If each of these parties complies with its consent order, MassDEP has agreed to suspend $5,675 of the Boylston Downtown penalty and $24,175 of the SBA penalty. Boylston Downtown LP, the building owner, was cited for failure to notify MassDEP of construction and demolition operations as required by the regulations. Boylston Downtown LP tested floor tiles inside the building for asbestos, but did not hire a licensed asbestos removal contractor, as required, to remove the tiles. SBA Contractors not only failed to notify MassDEP, but did not follow proper procedures during the removal of asbestos-containing floor tiles from several floors of the building. In addition, SBA Contractors is not licensed by the Commonwealth of Massachusetts to perform asbestos removal.

6/6/07: MassDEP entered into a Consent Order with a $61,607 Penalty regarding Vynorius Piledriving, Inc., Vynorius Presstress, Inc., and MLV Realty, Inc for numerous environmental violations at 150 Elm Street. In Salisbury. During an inspection, Environmental Strike Force and Wetlands personnel found wetlands, hazardous waste, solid waste, water pollution control, air, and hazardous waste site violations while conducting an inspection in July, 2006. Wayne Vynorius entered into today's Order on behalf of the above-named entities requiring restoration of wetlands, remediation of hazardous waste, cleanup of solid waste and development of an Environmental Management Systems (EMS) to prevent future violations. MassDEP has agreed to suspend $26,607 of the Penalty pending compliance.

6/5/07: MassDEP entered into a Consent Order in order to register SMPAT LLC the public water supply that is operating at 224 Winthrop Street (Route 44) in Rehoboth. Town records verified that this pizza and sub restaurant pre-existed at this location (as far back as 1977). Therefore, under the current process, the drinking water program is providing a means to register any pre-existing, but previously unregistered public water supplies in order to bring these locations into compliance with all applicable standards

6/5/07: MassDEP entered into a Consent Order with a $1,438 Penalty regarding Kane & Sons LLC, for Water Supply violations at 165 Fairview Avenue in Rehoboth. Kane owned and operated an unregistered and unapproved public water system located at 340 Anawan Street in Rehoboth. Kane has agreed to register the water system and perform several corrective actions, which will bring the property into compliance.

6/4/07: MassDEP entered into a Consent Order with a $30,000 Penalty regarding the Paris Corporation for Waste Site Cleanup violations at 101 Paris Street in Everett. The corporation failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 7/26/06 and establishes a new deadline of 5/30/08 for submittal of a Phase I Report and a Tier Classification Submittal. MassDEP has agreed to suspend $20,000 of the Penalty pending compliance with all terms of today's Order.

6/1/07: MassDEP executed a Consent Order with a $6,750 Penalty regarding Atlas Box and Crating Company, Inc. for Industrial Wastewater and Hazardous Waste Management violations at its facility in Sutton. The company was found to be discharging industrial wastewater to the ground without having a licensed wastewater treatment plant operator. In addition, the company was generating waste oil in excess of the volume allowed under its registered Small Quantity generator status, and it failed to properly label its waste oil containers. As part of the recently finalized Order, which includes stipulated penalty provisions, the company will comply with all applicable regulations and pay a $1,716 Penalty. The company will also expend an additional $5,034 on a Supplemental Environmental Project (SEP). The SEP involves the purchase of equipment to be donated to the Sutton Fire Department. The company has agreed to bring the site back into compliance.

6/1/07: MassDEP entered into a Consent Order with a $500 Penalty involving the Ghanshyam Realty Trust and Groton Convenience, Inc. for Drinking Water violations in Groton. The Trust operates an unregistered drinking water supply at a Groton Convenience, Inc. facility located on Route 119 in Groton. The Trust operates a grocery store including a delicatessen, a liquor store and a video rental operation. A hair salon is located on the second floor of the facility. The Order establishes a legally enforceable schedule for the proper development of an approved transient, non-community public water supply system for the location; requires the payment of a $500 administrative penalty; and incorporates stipulated penalty provisions for any future noncompliance with the Order. Under the terms of the Order, the owners have also agreed to correct violations, the discharge of industrial wastes from the hair salon operations to the on-site septic system.

6/1/07: MassDEP entered into a Consent Order with a $50,412.50 Penalty involving One-Seventy-Five LLC, for Asbestos violations in West Boylston. MassDEP found the violations occurred during the removal activities conducted during the renovation of a former motel in West Boylston in March 2006. MassDEP found numerous violations including handling and storage violations. An additional $48,912.50 penalty was suspended based upon the company having demonstrated the existence of financial hardship conditions, and provided that there are no further violations of the Asbestos regulations for a one year period. The company will pay $1,500 of the Penalty.

6/1/07: MassDEP entered into a Consent Order with an $850 Penalty regarding Winfield S. Hancock & Company for Asbestos violations in Worcester. MassDEP inspected a job site where the company, a Massachusetts licensed asbestos contractor, was conducting work. MassDEP identified breaches in the plastic containment barriers in the work area. At the time of the inspection, the company was required to immediately stop all work activities and repair the containment barriers before resuming abatement activities.

6/1/07: MassDEP entered into a Consent Order with a $35,776 Penalty involving Reebok International LTD for Waste Site Cleanup violations at 57 Littlefield Street in Avon. The site is a warehouse property that Reebok previously owned. During an audit of the cleanup actions taken at the site, violations were identified and deadlines were established in a Notice of Noncompliance (NON). The Respondent failed to meet the deadlines established in that NON in a timely fashion. Specifically, today's Order requires a schedule to perform necessary remedial actions, completion of work required to demonstrate that future risk of lead exposure in soil is mitigated, and submit a revised final outcome statement within one year. MassDEP has agreed to suspend $22,016 of the Penalty pending full compliance.

6/1/07: MassDEP entered into a Consent Order with Bacon's Package Store for Waste Site Cleanup violations at it facility in Williamsburg. Bacon owns and operates the property located at 27 Goshen Road in Williamsburg. A release of gasoline was reported at the site in 1999. Monitored natural attenuation is the selected remedy for the release. Violations were for failure to evaluate the extent of contamination, failure to describe all potential migration pathways, and failure to follow the operation and maintenance plan. The Order establishes deadlines to assess the extent of contamination, evaluate all potential migration pathways, and to submit a revised OMM Plan. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for future noncompliance.

6/1/07: MassDEP entered into an Amendment to an existing Consent Order with Ponderosa Pines Campground for Water Supply violations in Lanesboro. The facility is a transient non-community public water system. The amendment provides that the Campground will submit required permits and install Surface Water Treatment Rule compliant filtration and disinfection equipment.

6/1/07: MassDEP entered into Consent Order with R.C. Sullivan Company for Waste Site Cleanup violations at 219-221 Monsignor O'Brien Highway in Cambridge. The company owns and operates 219-221 Monsignor O'Brien Highway where a failure to submit cleanup reports (a Phase I Report and Tier Classification Submittal) within the deadlines established. New deadlines have now been set to return to compliance by submitting the required documents by 11/30/07. Today's Order contains stipulated penalties of $1,000 per violation per day for failure to comply.

6/1/07: MassDEP entered into a Consent Order with a $13,800 Penalty involving Bob's Disposal of Boston for numerous violations that occurred as a result of improper removal of an oil tank in the basement of a Boston residence. Bob's Disposal removed a concrete floor and two feet of soil from the basement of a Waltham Street residence in Boston's South End and cut the tank in half during removal, thereby causing a release of heating oil to the soil and groundwater. The improper removal not only resulted in the release of home heating oil, but a release of asbestos-containing material to the air. The Environmental Strike Force responded after receiving an odor complaint from a neighbor. The city also responded to complaints regarding work at the site. Company owner, Robert Cuddy, has agreed to the penalty and to retain the services of a licensed cleanup contractor in order to fully comply with all regulatory requirements related to the proper cleanup of the site.

6/1/07: MassDEP entered into a Consent Order with a $34,000 Penalty regarding Baystate Home Guard for Asbestos violations at its Chapel Street facility in Springfield. MassDEP inspected the company's asbestos waste storage trailers and found that an asbestos waste storage trailer was unlocked, had no warning signs (on or near it) and that there were improperly sealed and improperly labeled asbestos waste bags stored inside the trailer. The inspectors also observed dry asbestos waste on the ground around the trailer. MassDEP has agreed to suspend $20,000 of the Penalty pending one year of compliance.

6/1/07: MassDEP entered into a Consent Order with a $17,235 Penalty involving Solutia, Inc., for Air Quality violations at its Springfield facility. Solutia reported the violations (as required by its Air Quality Operating Permit), which involved failure to follow internal procedures in the configuring of air pollution control equipment operation. In addition to the Penalty, Solutia will also modify its procedures to ensure future compliance.

6/1/07: MassDEP entered into an Amendment to an existing Consent Order relative to the former "Albany Carpet Cleaners" site, 20-32 Rugg Road in Boston. The Amendment requires Rugg Road Realty Trust to continue work to address Imminent Hazard conditions from soil-vapor infiltration, as well as other conditions requiring Immediate Response Actions. The Amendment also requires the Trust to submit response actions by specific deadlines, leading to attaining a final outcome or remedy operation status by 5/30/08 for all but one of the reported release incidents. However, should the actions taken to complete the cleanup not fully resolve the remaining release incident that will be resolved under another timetable. This property encompasses several inter-connected buildings with multiple tenant spaces or residential and commercial.

May 2007

5/31/07: MassDEP (the Commonwealth of Massachusetts) along with the U.S. Environmental Protection Agency entered into a Consent Decree (CD) with the town of Billerica that includes a $250,000 civil penalty and an additional $50,000 in Supplemental Environmental Projects (SEPs). The town discharged process water from its municipal water treatment plant to surface water without a discharge permit, failed to apply for a stormwater (NPDES) discharge permit. In addition the town violated effluent limits and monitoring and reporting requirements for its municipal wastewater treatment plant. Under the CD, the town will establish measures to prevent future illegal discharges. The town will also conduct multi-media compliance audits of its wastewater treatment plant and public works facility, and will implement steps to locate and remove excessive infiltration and inflow to the municipal sewer collection system. Two SEPs that Billerica will conduct include a.) agreed to conduct lead testing in drinking water at schools beyond what is already required by regulation and mitigate elevated levels if they are found; b.) the town will conduct testing in its water treatment plant and water distribution system to determine whether N-nitrosodimethylamine (NDMA) is formed as a byproduct of chloramine disinfection of the water supply. If NDMA is detected, the Town will take measures as directed by MassDEP. The United States and the Commonwealth each receive $125,000 of the Penalty.

5/31/07: MassDEP entered into a Consent Order with a $13,800 Penalty regarding Bob's Disposal of Boston for numerous violations that occurred as a result of improper removal of an oil tank in the basement of a Boston residence. Bob's Disposal removed a concrete floor and two feet of soil from the basement of a Waltham Street residence in Boston's South End and cut the tank in half during removal, thereby causing a release of heating oil to the soil and groundwater. The improper removal not only resulted in the release of home heating oil, but a release of asbestos-containing material to the air. MassDEP's Environmental Strike Force responded after receiving an odor complaint from a neighbor. The City of Boston also responded to complaints regarding work at the site. Company owner, Robert Cuddy, has agreed to the penalty and to retain the services of a licensed cleanup contractor in order to fully comply with all regulatory requirements related to the proper cleanup of the site.

5/31/07: MassDEP invalidated a Response Action Outcome (a final cleanup statement) that was submitted relative to the 149 Hummock Pond Road in Nantucket. In addition, MassDEP issued a $12,000 Penalty to the Nanahumacke Preserve Nominee Trust relative to this cleanup. A Notice of Noncompliance issued by MassDEP established a deadline of 12/1/06 for the Trust to submit either a Tier Classification or a Response Action Outcome Statement that met the requirements. . The Trust failed to respond to the Notice of Noncompliance. MassDEP has agreed to suspend $7,000 of the Penalty pending new timeframes established for the completion of outstanding response actions and the submission of Phase Reports and a Response Action Outcome Statement via a Consent Order With Penalty.
5/29/07: MassDEP entered into a Consent Order with a $25,675 Penalty regarding Boylston Downtown LP (Hamilton Realty) for Asbestos violations at 62 Boylston Street in Boston. MassDEP responded to a complaint received from the City of Boston and found improper asbestos removal by unlicensed contractors had occurred in multiple apartments on multiple floors of the building. In addition to the Penalty, the company complied with Asbestos regulations to bring the site back into compliance. MassDEP agreed to suspend $5,675 pending compliance for a one-year period.

5/29/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving Silva's Tire Depot, Inc. for Waste Site Cleanup violations at 383 Cabot Street in Beverly. The company failed to submit a Phase IV Report and a final outcome statement within the deadline established in a previous Consent Order with MassDEP on 4/28/05. New deadlines have now been established that will return the site to compliance with a final outcome statement by 3/30/08.

5/29/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving Artur Paulino, of Ludlow, for Asbestos violations. MassDEP responded to a complaint from tenants at a rental property that Paulino had removed an asbestos-insulated boiler from the basement of the property and put it into a dumpster in the driveway of the site. During the inspection, MassDEP personnel found the boiler and asbestos insulation in the dumpster covered with leaves and other debris from the site. Broken asbestos siding was also found in the dumpster. Paulino was instructed to retain a licensed asbestos consultant to test the apartments for contamination and to develop a cleanup plan for the dumpster and basement. Following MassDEP's approval of the cleanup plans, Paulino hired an asbestos contractor to clean up the site. MassDEP has agreed to suspend $5,000 of the Penalty pending full compliance over a one-year probationary period.

5/29/07: MassDEP entered into a Consent Order with an $8,000 Penalty regarding Dielectric Polyme of Holyoke for Air Pollution and Hazardous Waste Management violations. A MassDEP inspection found the company's control on the emissions of volatile organic compounds (VOC) was not in compliance with the facility's permit. The thermal oxidizer failed a test as it pertained to the capture and destruction efficiency for VOCs. The inspection also revealed that the company was not properly managing hazardous waste including inadequate aisle spacing for storage of hazardous waste and failure to notify the MassDEP of the facility's Class A recycling activity. The company initiated corrective action immediately after the inspection and has cooperated with MassDEP to address the noncompliance issues.

5/29/07: MassDEP issued a $17,780 Penalty Assessment Notice to Santa Cruz Contractors for Asbestos violations in Holyoke. MassDEP found that Santa Cruz, which is based in Woonsocket, Rhode Island, improperly handled asbestos MassDEP responded to a complaint from tenants alleging that transite-asbestos roofing had been improperly removed and without the required prior notice. Pieces of the asbestos were found on the lawn and driveway of the property. A dumpster filled with dry asbestos was found in the driveway as well. Santa Cruz was instructed to retain a licensed asbestos contractor to clean up the site and did so within one week. MassDEP contacted the company to discuss the violations and to negotiate a settlement. The company, however, was unresponsive, prompting today's Penalty.

5/25/07: MassDEP entered into a Consent Order with the trustees of Hampshire College for Wetlands violations at 916 West Street in Amherst. A consulting firm representing the College submitted inaccurate information relative to Muddy Brook. Previously, the Trustees had submitted Request for Determination of Applicability regarding its site development plans for the proposed Veridian Village (West Street). Today's Order acknowledges the validity of the Determination of Muddy Brook as an intermittent stream and the Trustees of Hampshire College have agreed to place a "Conservation Restriction" on 33 acres of the site in perpetuity as open space and wildlife habitat. Today's Order also requires that the Trustees certify the presence of a Vernal Pool at the site and develop site-specific recommendations for enhancement and management of wildlife habitat to quality a 12-acre area of this site.

5/24/07: MassDEP executed a Consent Order with Saunders Mishkin for Waste Site Cleanup violations at 287 Main Street in Reading. Mishkin is the owner of the property, and failed to meet deadlines set out in a Notice of Noncompliance issued on 5/16/06. Today's' Order establishes deadlines for submitting a Phases III cleanup action by 8/30/07; Phase IV Plan by 3/30/08 and a final outcome by 11/1/09. Mishkin also agreed to stipulated penalties in the event of non-compliance with the Order.

5/24/07: MassDEP executed a Consent Order with a $20,000 Penalty involving Eljen Corp. and Waste Site Cleanup violations at properties located at 40 Rugg Road, 84 Braintree Street and 10 Penniman Road (formerly known as the "Sunshine Laundry" s adjoining properties). Eljen failed to address Imminent Hazard conditions from soil-vapor infiltration; failed to submit specific reports leading to attaining a "Response Action Outcome" status (or no further action). Gerald Goldsmith, as President of Eljen, is identified as the current owner of the former Sunshine Laundry properties. The properties encompass three adjoining buildings, each housing different tenant businesses. Eljen Corporation also submitted information relative to Financial-Inability. MassDEP has agreed to suspend $10,000 of the Penalty.

5/24/07: MassDEP entered into a Consent Order with a $55,595 Penalty involving Duro Textiles, LLC for Air Quality and Hazardous Waste Management violations at 110 Chace Street in Fall River. A multi-media compliance inspection of the facility revealed numerous violations of recordkeeping, monitoring, operational and emission limit requirements of the facility's air permits. In addition several hazardous waste violations were found. The company has agreed to a schedule to return the facility to compliance with all requirements and regulations.

5/24/07: MassDEP entered into a Consent Order with, Merrimack Street Development LLC, the current owner of former Sprague Gas sites at 341 & 341R Merrimack Street in Lowell. The corporation failed to meet submittal deadlines as noted in a Notice of Noncompliance issued on 12/29/06. Today's Order establishes deadlines for submittal of Immediate Response Action and Release Abatement Measures up to an including a final response action. In addition, today's Order contains stipulated penalty provision for any missed deadlines.

5/24/07: MassDEP entered into a Consent Order with William Reisner Corporation for Waste Site Cleanup violations at its property on Elm Street in Clinton. The company failed to meet deadlines - a second permit extension expired on 12/13/06. The current Order establishes an accelerated schedule for the completion of the cleanup, and incorporates stipulated penalty provisions for any future noncompliance.

5/22/07: MassDEP entered into a Consent Order with a $34,500 Penalty regarding Lincoln/Sudbury Regional High School in Sudbury. MassDEP found the school exceeded its Groundwater Discharge permit in terms of flow, nitrate nitrogen, biochemical oxygen demand, and total nitrogen. Today's Order requires that the School provide a wastewater evaluation report within 30 days, which describes the reasons for the violations and the actions and timetables to return the wastewater treatment plant into compliance. MassDEP has agreed to suspend $29,500 of the Penalty pending compliance.

5/22/07: MassDEP entered into a Consent Order with Robert and Diane Pomeroy of Pittsfield for Asbestos violations at 42 Clinton Avenue. After receiving a complaint from the Pittsfield Board of Health, MassDEP inspected the residence and found a contractor had removed an asbestos-coated boiler and pipes from the rental property. Asbestos had fallen off the boiler onto the ground, and that the basement was contaminated with asbestos. Following the inspection, the Pomeroys retained a licensed asbestos consultant to develop a clean up plan to submit to MassDEP. Then, an asbestos contractor was hired to clean up the asbestos from both the backyard and basement. MassDEP agreed to suspend $14,000 of the Penalty pending compliance over a two-year probationary period.

5/22/07: MassDEP issued an $18,700 Penalty Assessment Notice to ACT Abatement Corporation for Asbestos violations in West Springfield. MassDEP found that ACT - which is based in Lawrence, MA - had improperly removed asbestos-containing siding material, known as transite, at two different 2-family houses belonging to the West Springfield Housing Authority. This is the second time MassDEP has enforced against ACT Abatement. The first occurred in 2003 for asbestos violations at the University of Massachusetts in Amherst where ACT Abatement agreed to a negotiated settlement and paid a $15,000 Penalty. 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.

5/22/07: MassDEP issued a $3,450 Penalty Assessment Notice to Holyoke Sanitary Landfill, Inc. for Solid Waste violations in Granby. (WERO): MassDEP found that inadequate application of cover material. The site was previously issued a Notice of Noncompliance. That Notice was, in part, due to inadequate daily cover during the month of April.

5/22/07: MassDEP issued a Demand Letter for a $1,000 stipulated Penalty to CJ's Restaurant in Palmer. MassDEP issued the demand for violations of the schedule for corrective actions as established in a previously agreed upon Consent Order.

5/22/07: MassDEP entered into a Consent Order with Ludlow for Stormwater violations. Today's Order establishes a schedule for the removal of the Hubbard Street combined sewer overflow (CSO) by no later than 12/31/09.
5/25/07: MassDEP entered into a (amended) Consent Order with Riverside Cafe, Inc. for Water Supply violations at Silverbrook Cafe in Sandisfield. The Cafe operates a transient non-community public water system. The amendment provides additional time (until 5/30/07) to complete the installation of treatment to comply with the Surface Water Treatment Rule and to confirm that an appropriate certified operator is in place for the public water system.

5/22/07: MassDEP issued a $24,130 Penalty to Uni-Trans Transportation, LLC, Industrial Wastewater and Hazardous Waste Management violations at its River Road facility in Uxbridge. During a May 2005 inspection, MassDEP found that Uni-Trans (based in Manville, Rhode Island) failed to register its waste oil activity, and that it transferred custody of its waste oil to an unlicensed, unregistered party. Today's Penalty also cites Uni-Trans for several other hazardous waste handling, storage and management violations. Additionally, the company was cited for discharging industrial wastewater to the ground surface at its site, which is adjacent to the Blackstone River. 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.

5/22/07: MassDEP issued a Unilateral Order to Conrad J. and Robert J. Donell, individually and as Trustees of DB Realty Trust to cease-and-desist activities related to Wetlands violations at a construction site in Fitchburg. The Trust purchased the Kopley Place residential subdivision in August of 2002. At that time, the subdivision had received a Superseding Order of Conditions (SOC) allowing the work - which had been issued in August of 2001 but has since expired. A review of in-house records revealed that certain conditions within the SOC had not been complied with, including a requirement to request a Certificate of Compliance. MassDEP inspected the site and determined that storm water drainage structures had not been properly installed and that a wetlands replication area had not been properly constructed. Further, housing construction had begun on lots without having first received a written approval as required. Today's Order requires that the Donells and the Trust cease and desist from any further housing construction until MassDEP issues a written approval to resume. The Trust must also submit a request for a Certificate of Compliance; submit a report describing all construction activities, if any, that occurred at the site since the expiration of the SOC; and submit a plan describing all actions that will be needed to bring the site into full compliance.

5/22/07: MassDEP reached a settlement agreement with Linberg Marine, Inc., and L&L Realty regarding Waterways violations in Fairhaven. After receiving a request by the company to encapsulate and fill a grounded barge (which the Waterways program would not license), a settlement has now been reached requiring the grounded barge to be removed and the 13,000 sq. ft. of water sheet reopened for navigation. The applicant worked with the Waterways Program to establish a removal schedule instead of a penalty.

5/22/07: MassDEP entered into a Consent Order with a $19,750 Penalty involving Middleboro Park Realty Trust (MPRT), the owner of a commercial property in Pembroke. The site is a former gasoline service station where the release of petroleum was reported from its underground storage tanks. On 7/26/06, MassDEP issued MPRT Notice of Noncompliance for failing to complete response actions at the site in a timely manner. MPRT did not comply and during discussions on the matter, it was found that MPRT had installed and run a groundwater pump and treat system at the site without approval. In addition to the Penalty, the company will complete cleanup actions and comply with appropriate regulations.

5/22/07: MassDEP entered into a Consent Order with a $8,372 Penalty involving Air Quality violations at LM Refinishing Inc. in Fall River. The company, although based in Swansea, has a facility in Fall River located at 381 Pleasant Street in Fall River in a mill building shared with other tenants. After receiving an odor complaint, MassDEP inspectors found that LM Refinishing did not have an air quality plan approval and was not keeping records to determine whether it was exempt from such requirements. Further it was causing a condition of air pollution by failing to adequately maintain its air filter and control odors. The order requires that LM Refinishing abate those problems and come into compliance. MassDEP agreed to suspend $4,600 of the Penalty upon successful and timely completion of all provisions of the Order.

5/22/07: MassDEP executed a Consent Order with a $50,000 Penalty regarding Hopedale Industrial Center, LLC for Asbestos violations in Hopedale. (CERO): Today's Settlement Agreement and Final Decision by the Commissioner resolves an appeal of two (2) Penalty Assessment Notice that had been issued to the Hopedale Industrial Center. The company had been cited for the improper handling, storage and/or disposal of asbestos-containing materials and wastes. The Order requires the facility to remain in compliance with all applicable regulations, and pay a $15,000 penalty to the Commonwealth. An additional $35,000 has been suspended through the Settlement pending the satisfactory completion of a Supplemental Environmental Project (SEP). An escrow account in the amount of $7,500 has been established for the purpose of funding the proper removal of more than 450 linear feet of asbestos-containing piping insulation and 200 square feet of insulation debris at the Little Red Shop, a historical building owned by the Town and being renovated under the oversight of the Hopedale Historical Commission.

5/18/07: MassDEP entered into a Consent Order with a $32,500 Penalty involving [49] Houghton Street LLC for Asbestos violations in Hudson. Today's Final Decision Agreement by the Commissioner resolves an appeal by the company of MassDEP's Penalty Assessment Notice. The case was initiated in response to a referral from the Hudson Fire Department regarding the release of an unknown amount of acid at the site. While responding to the incident, MassDEP observed suspect asbestos-containing materials at the location. The company was ultimately cited for fourteen violations. In addition to the Penalty, the company will comply with all applicable regulations.

5/18/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving JetBlue Airways for Waste Site Cleanup violations in East Boston. JetBlue Airways of Forest Hills, New York responded to a release of jet fuel that occurred on 1/20/06 during fueling operations at Logan Airport in East Boston. JetBlue Airways failed to notify MassDEP within two hours of obtaining knowledge of the release and failed to submit the required documentation concerning the release. The company has since returned to compliance.

5/18/07: MassDEP issued a Unilateral Order and a $30,000 Penalty Assessment Notice to Richie's Auto Parts for Waste Site Cleanup violations at 851 State Road in Westport. Richie's Auto Parts has historically been used as a vehicle repair/junkyard facility. Testing of the property has determined that it has been impacted by a release of petroleum from former underground storage tanks that had been located at the site. The owner of the property had been conducting response actions in an attempt to assess and remediate the release. The most recent response action completed was in the summer of 2003, when the property owner submitted a Phase II Comprehensive Site Assessment to MassDEP. After the Phase II, additional cleanup work was still required. The property owner has not completed any additional response actions since that time. In August 2006, MassDEP issued the property owner a Notice of Noncompliance (NON) requiring the completion of response actions. The property owner failed to respond, and In April 2007, MassDEP issued the property owner a Notice of Enforcement Conference. The property owner did not attend the enforcement conference, prompting today's action.

5/18/07: MassDEP executed a Consent Order with a $6,000 Penalty involving R. J. McDonald Inc. for Wetlands and Water Management Act violations in Hardwick. The company operates a sand and gravel facility on Route 32. The company was withdrawing water without a permit and impacting a Riverfront Area. In addition to the Penalty, the company has agreed to complete a $15,000 Supplemental Environmental Project (SEP). MassDEP has agreed to $3,000 of the Penalty pending compliance.

5/18/07: MassDEP issued a Unilateral Order to (both) Charlton RT 20 Realty, Inc., Charlton and Robert W. Saulenas of Worcester, regarding Solid Waste and Wetlands violations at 299 Worcester Road [Route 20] in Charlton. On 5/15/07, MassDEP found that pieces of asphalt, brick and concrete, including iron-reinforcing bars, had been deposited as fill material within Bordering Vegetated Wetlands, and within the 100-Foot Buffer Zone. This work was not permitted (i.e. by an Order of Conditions) from either MassDEP or the local Conservation Commission. A subsequent inspection of the property on 5/17/07, following a significant rain event during the previous day, revealed extensive erosion at the site and sedimentation throughout the Wetland resource areas. Today's Order requires that Charlton RT 20 Realty, Inc. and Saulenas immediately cease and desist from any further fill activities at the property; and prepare for approval a proposal for the and installation of effective erosion and sedimentation controls, and restoration.

5/18/07: MassDEP issued a Unilateral Order to JM Environmental Corp., Inc., for Solid Waste and Wetlands violations in Charlton. The company which is based in Shrewsbury was retained by Robert W. Saulenas of Worcester to transport fill materials originating from the Washington Square reconstruction project in Worcester, and dump those materials as fill on property located at 299 Worcester Road [Route 20] in Charlton. On 5/15/07, MassDEP found pieces of asphalt, brick and concrete, including iron reinforcing bars, had been deposited as fill material within Bordering Vegetated Wetlands, and within the 100-Foot Buffer Zone without approval. Today's Order requires JM Environmental Corp., Inc., (as the entity that delivered and dumped the materials) to immediately cease and desist from any further fill activities at the property; provide for the installation of effective erosion and sedimentation controls. 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.

5/18/07: MassDEP entered into a Consent Order with a $34,019 Penalty involving B & H Foods, Inc. for Air Quality violations at 483 Concord Street in Framingham. The company (d/b/a Framingham Exxon) failed to comply with Stage II vapor recovery requirements. The facility did not pay a $500 Penalty and was inspected on 2/1/07. MassDEP personnel observed multiple Stage II program violations including operating with damaged equipment, failure to conduct weekly inspections of the Stage II system, unavailable maintenance records, and failure to have completed Stage II testing results for review by MassDEP. B & H Foods, Inc. has agreed to correct all violations; MassDEP has agreed to suspend $21,519 of the Penalty pending compliance over one year.

5/17/07: MassDEP executed a Consent Order with a $6,000 Penalty involving 1114 South Main Street Realty Trust for Waste Site Cleanup violations in Bellingham. Today's Order requires the submission of a Release Notification Form for the discovery of a reportable condition of toluene found in the groundwater. The Trust has also agreed finish the cleanup of the property. The Penalty was fully suspended based upon financial conditions, and pending full compliance with the terms of the Order Stipulated penalty provisions are included pending any failure to comply.

5/17/07: MassDEP executed a Consent Order with a $7,510 Penalty involving J.P. Routhier & Sons, Inc. for Air Quality violations at the company's Wlllow Street location in Ayer. The company installed and operated internal combustion engines (engine/generator sets) for years without first applying for and receiving Comprehensive Air Quality plan approvals. In addition to the Penalty, the company agrees to comply with all applicable regulations. The company will also complete a Supplemental Environmental Project (SEP) in lieu of an additional $22,529 Penalty. The SEP requires the company to change its operations by replacing its existing diesel engine-generated power with electric line power distributed from the street. It is estimated that 108 tons of Nitrogen Oxide (aka Nox) emissions will be eliminated through this SEP.

5/17/07: MassDEP entered into a Consent Order with a $12,600 Penalty involving Verrillon, Inc. for Air Quality, Industrial Wastewater and Hazardous Waste Management violations at its facility in Grafton. A multi-media inspection of the facility revealed that the company failed to comply with its existing Air Quality Control plan approval, failed to provide MassDEP with source information, and operated a wastewater treatment system without having a licensed wastewater treatment operator. In addition, the company accumulated hazardous waste in excess of its registered status and failed to comply with numerous other hazardous waste management requirements. In addition to the Penalty and bringing the facility back into compliance, the company will complete a Supplemental Environmental Project (SEP) in lieu of an additional $12,600 penalty. The SEP requires the company to purchase personal protection equipment that will be donated to the Grafton Fire Department, and to provide two training courses to Fire Department personnel.

5/17/07: MassDEP entered into a Consent Order with $7,500 Penalty regarding the town of Ipswich's Municipal Water Treatment Plant for stormwater violations. MassDEP found that untreated underflow from the municipal water treatment plant's sedimentation basins had been discharged via an overflow culvert to Bull Brook, in violation of the town's stormwater permit. The town also exceeded the total suspended solids limit on multiple occasions. Under today's Order, the town will either cap or remove the pipe that allowed untreated water to discharge to Bull Brook and will dispose of its treatment plant residuals in accordance with an October 2006 Residuals Disposal Study.

5/17/07: MassDEP entered into Consent Order with the YMCA Camp (Hi-Rock,) for Water Pollution Control improvements at its Mount Washington facility. Under the Order, the Camp has agreed to a schedule for completing sewage collection system improvements.

5/17/07: MassDEP entered into a Consent Order with a $63,505 Penalty involving the Massachusetts Institute of Technology (MIT), for Hazardous Waste Management violations. In November 2005, MIT discovered a disconnected transformer on its property and, without properly determining whether the transformer contained oil or PCBs, employees twice transported the transformer over public roads. During the second removal, (to Anestis Metal/Prospect Iron and Steel in Somerville), the transformer began leaking and rather than remaining at the site, the MIT driver, who had been ordered off the site by a Prospect Iron & Steel employee, drove through the streets of Somerville to a nearby shopping mall, where he and a passerby prevented the leaking oil from entering the storm drain. After notifying MassDEP of the release, MIT's environmental staff and cleanup contractor remediated the approximately 20-gallon release and ultimately determined that the oil did not contain PCB's. MIT transported hazardous waste without a license, without a manifest and in an improperly marked and labeled container and in a vehicle that did not have identification. MIT also failed to determine if the waste was hazardous, and brought it to an unlicensed facility for disposal. MassDEP has agreed to suspend $20,540 of the Penalty pending full compliance.

5/17/07: MassDEP issued a Unilateral Order to Getty Petroleum Marketing, Inc., for Water Supply violations at 3 Singletary Avenue in Sutton. Today's Order requires that Getty petroleum cease all public water system activities at the facility: a gasoline station, a retail mini-market, an antique shop and a ten-bedroom apartment building. The company, which is located in Maryland, leases the property at 3 Singletary Avenue in Sutton. The issuance of the Order today by MassDEP was based on the company's failure to comply with the requirements agreed to in a previous Consent Order signed in July of 2006. That Order outlined specific steps required to bring the unregistered public water supply serving the facility into compliance with the drinking water regulations, and it specified that any failure by the company to comply with the Order would result in the cessation of all public water supply activities, and the surrendering of its food service permit. Today, the company is now required to surrender its food service permit and not operate as a public water supply, as previously agreed.

5/15/07: MassDEP entered into an Amendment to an existing Consent Order with Blandford Water Department in Blandford. The Amendment provides additional time for Blandford to come into compliance with surface water treatment requirements giving them until 6/15/07 to comply.

5/15/07: MassDEP executed a Consent Order with a $4,000 Penalty involving United Rentals, Inc.for Hazardous Waste Management violations in Ludlow. During a 12/19/06 inspection of the facility hazardous waste management and transport violations were discovered. In addition to the Penalty, the company has agreed to comply with all applicable regulations.

5/15/07: MassDEP executed a Consent Order with an $8,625 Penalty involving the Connecticut Valley Sanitary Waste Disposal, Inc. to address landfill flare violations at its Chicopee facility. The company has subsequently corrected the violations.

5/15/07: MassDEP issued a Unilateral Order to C&S Wholesale Grocers requiring the submittal of information regarding the release of 800 pounds of ammonia in Hatfield that occurred on 5/9/07. The release resulted in a Tier III hazardous materials team response by the Department of Fire Services' haz-mat team. Today's Order specifically requires a detailed analysis of the root cause(s) of the release, and certification from a licensed professional engineer that all components and appurtenances of the ammonia refrigeration system at the facility that have been inspected and are in good condition.

5/15/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving the Weston Public Schools. The town exceeded their groundwater discharge permit limits for flow, nitrate nitrogen, and total nitrogen. In addition to the Penalty, today's Order requires the School to provide a wastewater evaluation report by 9/1/07 weekly sampling for the four, often exceeded, parameters until such time that MassDEP approves a new effluent sampling program. Also, a Supplemental Environmental Project worth $20,000 is included to address the flow at the schools.

5/15/07: MassDEP issued a Unilateral Order to Worcester Commons, LLC, for Asbestos violations at a mixed-commercial/residential property on Franklin Street in Worcester. Worcester Commons is owner of this multi-story building. MassDEP inspected the fourth through the ninth floors of the facility on 5/14/07. That inspection revealed the presence of uncontained metal pipes partially covered with suspect asbestos-containing insulation, and an unmarked, black trash bag filled with dry, friable, suspect asbestos pipe insulation. In addition, demolition and renovation work had been conducted on the sixth through the ninth floors, but company representatives could not demonstrate that an asbestos survey had been conducted prior to those activities being taken. MassDEP directed the company to immediately restrict access to the demolition and renovation areas, and cease any further work on the fourth through the ninth floors to prevent potential asbestos emissions and exposures. Today's Order requires the company to cease all demolition and renovation activities on site; restrict access to areas where the results of an asbestos survey can not be provided; retain the services of a licensed asbestos abatement contractor to conduct the required survey and to properly contain, handle and dispose of all asbestos-contaminated wastes on site; submit a complete listing of occupied apartments and open areas within the structure; conduct site decontamination; remove remaining asbestos-containing materials prior to conducting any additional demolition and renovation activities; and to store and/or dispose of any newly discovered asbestos-containing waste materials at approved transfer stations and/or approved landfill facilities.

5/11/07: MassDEP issued a Unilateral Order to Wesley Rowe for Wetlands Protection and Clean Water Act violations in Conway. Specifically, Rowe was cited for undertaking construction of a subdivision resulting in construction of roads and culverts impacting 150 ft. of stream banks. The Order requires Rowe to submit a complete Water Quality application no later than 6/22/07. The Town of Conway Conservation Commission had previously issued an Enforcement Order to Rowe requiring compliance with the Massachusetts Wetlands Protection Act.

5/11/07: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Martin's Service Station for Waste Site Cleanup violations in Dartmouth. Martin's is the site of a gasoline station that has had a release of petroleum from its underground storage tanks. Previously, in December 2005, Martin's entered into a Consent Order with MassDEP for, at that time, failing to complete the required response actions. Martin's subsequently failed to comply with the terms of that Order. Therefore, today's Order re-establishes deadlines for completion of response actions at the site along with a Penalty.

5/11/07: MassDEP entered into a Consent Order with Koss Realty Trust with a $28,000 Penalty regarding Waste Site Cleanup violations in Taunton. Koss is the owner of a commercial property where a release of petroleum from underground storage tanks. Previously, in July 2005, Koss entered into a Consent Order for failing to complete the required response actions. Koss subsequently failed to meet those deadlines. Therefore, today's Order re-establishes deadlines for completion of response actions at the site. MassDEP, however, agreed to suspend $7,00 of the Penalty if Koss complies with the deadlines.

5/11/07: MassDEP entered into a Consent Order with a $14,000 Penalty involving the MC Realty Corp., for Waste Site Cleanup violations in Pembroke. TMC is the owner of a commercial property in Pembroke where they repair and store school busses. The property is listed after a release of petroleum was detected. Previously, in January 2006, MassDEP issued TMC a Notice of Noncompliance for failing to complete response actions at the site. TMC did not comply. Today's Order establishes deadline for completion of response actions along with the Penalty.

5/10/07: MassDEP executed a Consent Order with the city of Lowell for Waste Site Cleanup violations at Daley Middle School. A release of oil occurred at the school, located at 150 Fleming Street, in the basement that subsequently impacted an adjacent wetland. A response action was conducted to recover as much fuel oil as possible. However, an assessment of the extent and impact of the release has not been performed. The city will conduct all necessary work and today's Order also contains a provision for stipulated penalties for any missed deadline.

5/10/07: MassDEP issued a Unilateral Order with the city of Everett for Water Supply violations. The city lacks a primary and secondary operator for its municipal public water system. MassDEP had issued Everett a Notice of Noncompliance (NON) for lack of a secondary operator in September 2006. The City had planned to contract with a consulting engineering firm for a secondary operator, but has not yet issued the contract. In April 2007, the City terminated its primary operator without providing a replacement. Today's Order by MassDEP requires the city to obtain the services of primary and secondary operators within seven business days.

5/10/07: MassDEP entered into a Consent Order with Doe-Re-Me Preschool for Water Supply violations at its Crawford Street facility in Northborough. The owners have agreed to an enforceable schedule for the development of an approved transient, non-community public water supply (TNC) system at this facility. Today's Order requires the owners to operate the existing on-site well in accordance with the requirements for a TNC public water supply, submit the appropriate permits to MassDEP for approval, and complete any required upgrades to the water supply well. This action will ensure that up to forty-five (45) students and faculty served by this public water supply will continue to receive water from a source that is safe and fit for consumption.

5/10/07: MassDEP entered into a Consent Order with Marpat Realty Trust (trustee Armand Brochu) regarding Waste Site Cleanup violations at 41 Jefferson Street in Westfield. MassDEP and Marpat have agreed to additional time for response actions at this site where six underground storage tanks were removed in 1994. The property contains three machine companies, an industrial laundry service, and a drycleaner. Currently the site is being evaluated for redevelopment as low income housing by the Housing Allowance Program (HAP). Today's Order allows time for the two sides to reach an agreement relative to the future use of the site. The Order also serves as a Notice of Noncompliance and memorializes deadlines to complete response actions, and contains stipulated penalties for noncompliance.

5/10/07: MassDEP entered into a Consent Order with Lipton, Inc., for Waste Site Cleanup violations at 36 Industrial Avenue in Pittsfield. Leonard Lipton, President of Lipton, Inc., has operated a bulk fuel terminal for many years. Lipton failed to complete cleanup of the site by the established deadlines. Today's Order establishes a new deadline for completing cleanup actions. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for future noncompliance with deadlines.

5/10/07: MassDEP entered into a Consent Order with a $23,840 Penalty involving the Massachusetts Turnpike Authority (MTA) for Industrial Wastewater, Air Quality (Stage II vapor recovery) and Hazardous Waste Management violations. The violations included un-permitted industrial wastewater discharges from truck washing operations at its Chicopee and Lee facilities, and failure to submit annual testing certifications for gasoline dispensers at 11 of its maintenance facilities located across the state. The violations were discovered in part by inspections conducted at MTA's Chicopee and Lee facilities. During the inspections, MassDEP also observed minor hazardous waste management violations. MTA has agreed to correct the violations; MassDEP has agreed to suspend $13,840 of the Penalty.

5/10/07: MassDEP entered into a Consent Order with a $6,500 Penalty involving Australis Aquaculture, LLC for Air Quality violations at its facility in Montague. Specifically, the corporation has agreed to address violations of a fish manure holding tank that was creating hydrogen sulfide problems in the municipal sewer system and to the atmosphere. Future operation of the fish production facility will result in no storage of manure and hence, no creation of hydrogen sulfide emissions to either the sewer system or the atmosphere. Australis will pay a penalty in the amount of $3,500 with an additional MassDEP has agreed to suspend $3,000 of the Penalty pending full compliance specifically odors and conditions of air pollution in the future.

5/10/07: MassDEP issued a $250 Penalty Assessment Notice to Mr. Clean, for Industrial Wastewater violations in West Springfield. Mr. Clean of Hampden, a rug cleaning operation, was cited for discharging rug-cleaning wash water on to a restaurant's parking lot in West Springfield.

5/10/07: MassDEP issued a $250 Penalty Assessment Notice to Pride Cleaning Contractors for Industrial Wastewater violations at several locations. Pride of Palmer was cited for discharging rug cleaning wash water on to the ground in several locations where the company conducted rug-cleaning operations.

5/10/07: MassDEP entered into a Consent Order with a $6,900 Penalty involving James Deeb of Dighton for Wetlands violations in Dighton. Specifically, the violations involved the unauthorized reconstruction and 900+ square foot expansion of the existing licensed structure and 1,300 square feet of salt marsh area. MassDEP has negotiated the removal of structures encapsulating the salt marsh, which will restore natural the inundation of the salt marsh and is requiring a new application for licensing of the expanded portion of the wharf. MassDEP has also agreed to suspend $4,900 of the Penalty pending full compliance.

5/9/07: MassDEP entered into a Consent Order with the Stockbridge Sportsmen's Club in Stockbridge to address Water Supply compliance issues at its facility in Orange. The Club has agreed to steps in order address its continued status as a public water system and ensures compliance with Massachusetts drinking water regulations.

5/9/07: MassDEP entered into a Consent Order with Green River Lumber to address Water Supply issues at its facility in Greenfield. The company agreed to address its continued status as a public water system and ensure compliance with Massachusetts drinking water regulations.

5/9/07: MassDEP entered into a Consent Order with Packard Orange Realty Trust for Water Supply issues at its facility in Orange. The Trust agreed to address the status of its condominium development, Pioneer Place Condominiums in Orange, as a public water system and compliance with Massachusetts drinking water regulations.

5/9/07: MassDEP entered into an Amendment to an existing Consent Order with Mascoma Land Company in Ware. MassDEP, in signing the Amendment, allowed Mascoma, the owner of a facility in Ware that houses an apartment and a daycare facility additional time to submit design plans for required corrosion control treatment. The Amendment does not extend the final date for compliance.

5/9/07: MassDEP issued a Unilateral Order to the Pierce Family Trust for Waste Site Cleanup violations at a West Main Street property in Northborough. Specifically, the Pierce Oil & Gas, Inc. operated as a gasoline service station on the property through the year 2000. Although currently vacant, several buildings and an underground storage tank remain on the property. Initial cleanup actions were taken, but Pierce failed to complete the cleanup. A transfer of the property occurred in February 2000, making The Pierce Family Trust the owner of the property. Pierce Oil & Gas subsequently submitted an application for Financial Inability Status, which was approved by MassDEP in April 2006. As owner of the property, The Pierce Family Trust has since failed to provide notification to MassDEP of another release within the 120-days allowed. The Trust has also failed to perform any necessary response actions that remain unresolved as the result of Pierce Oil & Gas' financial inability. Today's Order establishes a schedule for the submission of a Release Notification Form and completion of cleanup actions by 5/9/08. 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.

5/9/07: MassDEP entered into a Consent Order with Paxton Garage, Inc. for Waste Site Cleanup violations at 593 Pleasant Street in Paxton. Today's Order establishes timelines for the completion of the cleanup actions at this gasoline station facility. The Company is in the process of remediating a release of gasoline to groundwater through in-situ chemical oxidation. Although the remediation appears effective, the site has exceeded its deadline for achieving a final outcome. Today's Order establishes a new deadline of 8/1/08 for the final outcome.

5/9/07: MassDEP entered into a Consent Order with the Estate of Ralph Riganati for Waste Site Cleanup violations at a property on Higgins Street in Worcester. At one time, a downgradient property status opinion was submitted by the owner, thereby suspending future response action deadlines (since the contamination was alleged to be from off-site). However, MassDEP would later terminate the findings in that opinion and the Estate was required to take actions. The deadlines for the Estate to conclude response actions expired on12/06. A second extension request was subsequently denied. Today's Order establishes a schedule for the submission of response actions on or before 2/1/09 and stipulated penalty provisions for any missed deadlines.

5/9/07: MassDEP entered into a Consent Order with a $26,157 Penalty involving Flo Chemical Corporation for Industrial Wastewater and Air Quality violations at its facility in Ashburnham. The company, which produces a protein from corn meal, was not operating in compliance for its air plan approval by not conducting permanent total enclosure testing) and had not maintained (as required) a copy of the amended plan approval on site. Also, the company did not maintain all required records. Industrial Wastewater violations included not complying with the requirements of its Industrial Wastewater approval. In addition, the company failed to submit a required sewer connection feasibility report within forty-five days as required. Today's Order requires the company to comply with all applicable regulations and, based on financial inability, MassDEP has agreed to suspend $22,157 of the Penalty pending compliance.

5/8/07: MassDEP executed a Consent Order with a $5,000 Penalty involving Friendlys Ice Cream Corporation for Waste Site Cleanup violations at its 33 Kent Street facility in Springfield. The company failed to notify MassDEP within two hours of becoming aware of a spill of sulfuric acid at its wastewater treatment plant. On 12/5/06, an aboveground storage tank was overfilled, resulting in a release of an estimated 440 gallons of 93% sulfuric acid into a concrete containment area. The Friendlys wastewater treatment plant operator was aware of the release on that date, but took no action to notify management, the emergency responders or take action to clean up the spill. The sulfuric acid remained in the containment area overnight. On 12/6/06, the company's management became aware of the release and notified local fire officials and MassDEP. A Tier I hazardous materials response by the District IV hazardous materials team occurred at that time. In addition to paying the penalty, Friendlys has agreed to perform a Supplemental Environmental Project (SEP) in which Friendlys will conduct the following: they will re-train its employees on reporting spills that involve oil and hazardous materials; the company will then present a case-study of this spill at quarterly meetings of the Springfield and Wilbraham Local Emergency Planning Commissions (LEPCs); the company will host a spill reporting seminar that businesses across Massachusetts may attend free of charge; they will contribute $4,000 towards the upgrade of the town of Wilbraham's emergency radio dispatch system; and, they will provide a fiber optic spool assembly that will return the Springfield Fire Department's arson robot to operational status. Friendlys will also provide portable hazardous material decontamination equipment to the Springfield Fire Department.

5/8/07: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Stewart's Auto Salvage, LLC for Solid Waste and Hazardous Waste Management violations in Plainville. MassDEP inspected Stewart's, an auto salvage facility, on 12/20/06 when violations pertaining to storage and management of waste oil and waste gasoline were found. Also, thousands of tires stockpiled on-site were found in violation. Today's Order establishes an aggressive schedule for correcting the violations, and removing the waste tires for disposal. MassDEP has agreed to suspend $3,000 of the Penalty and Stewart's has agreed to perform a Supplemental Environmental Project (SEP) to develop and implement Best Management Practices (procedures) for auto recycling and junkyards.

5/8/07: MassDEP entered into a Consent Order with a $7,475 Penalty regarding Namco, LLC for Waste Site Cleanup violations in Avon. On 6/13/06, a pallet containing forty-two (42) one-gallon containers of Pool Shock (a sodium hypochlorite solution) was accidentally knocked over at this Namco retail sales building. The accident released an unknown quantity of sodium hypochlorite inside the building. Namco would fail to notify MassDEP within the established two-hour timeframe. Later that day, an unidentified complainant observed Namco employees dumping liquids into an on-site catch basin located behind the building. An estimated 18 gallons of sodium hypochlorite solution was released into the catch basin.

5/8/07: MassDEP issued a Unilateral Order and $61,125 Penalty Assessment Notice to James Paskell as resident agent of 27-29 Mt. Vernon Street, (James Paskell resident agent) for Asbestos violations at the property in Boston. Paskell violated notification and disposal requirements. Paskell did not notify MassDEP of his intention to remove asbestos-containing shingles. In addition Paskell did not notify and improperly disposed of an asbestos covered pipe that was discovered on the property during an inspection. A settlement (Consent Order with Penalty) was being negotiated and issued in February 2007 but negotiations could not be concluded.

5/8/07: MassDEP executed a Consent Order with a $94,275 Penalty involving Torromeo Industries, Inc., for Wetlands, Air Pollution, Industrial Wastewater and Hazardous Waste Management violations at 33 Old Ferry Road in Methuen, MassDEP found the violations at this concrete batching and trucking facility, initially identified due to the wetlands violations in 2003, including filling of Hawkes Brook (Endangered Species Habitat) by severely eroding sand and soils stockpiles and siltation from truck washing operations. MassDEP then reported the violations to the Methuen Conservation Commission (MCC) and an Enforcement Order (EO) with specific steps to correct the violations was immediately issued. Torromeo partially complied and in October 2004, the MCC issued a second EO for additional work performed without authorization in the Riverfront Area and Buffer Zone. Torromeo partially complied again. At the request of the MCC, in June 2005 MassDEP issued Torromeo a Notice of Noncompliance and directed its attention to compliance issues. Torromeo failed to fully comply. In October 2005 and April 2006 MassDEP conducted multi media inspections of the site, including stormwater discharge monitoring, and, in addition to continuing violations of the WPA, found Air Pollution Control, Hazardous Waste, Industrial Wastewater and Solid Waste violations. Today's Order requires restoration of the wetlands followed by five years of monitoring. The Order also calls for design and implementation of a comprehensive stormwater and industrial wastewater plan to bring the site into compliance. Also, the facility will apply for and obtain any Air Quality permits and submit Source Registration/Emissions Statement Forms, properly label and perform other actions to bring the site into compliance with Hazardous Waste regulations, and remove and properly dispose of solid waste on the site. Torromeo will pay $25,875 of the Penalty ($3,075 of which is Annual Compliance Assurance Fees), and conduct a $46,200 Supplemental Environmental Project (SEP). Under that SEP, excavation and material will be removed at the Dun Fudgin Salt Marsh Restoration Project in Gloucester. The balance of the Penalty ($22,200) will be suspended in full compliance by 5/8/12.

5/7/07: MassDEP entered into a Consent Order with a $1,000 Penalty involving the Estate of Mary J. Dumont for Waste Site Cleanup violations at 18 Sunrise Avenue (a vacant residence) in Auburn. Specifically, a release of #2 fuel oil occurred at this location in January 2006. A layer of oil and water was discovered in the basement and removed into a storage tank outside the building under an approved Immediate Response Action (IRA). However, groundwater recharged into the basement, and was discharged by a sump pump to the ground surface outside the residence without approval. Sampling of the water within the basement indicated fuel oil constituents above the ground water standards. The Estate has agreed to obtain a permit to conduct response actions, and for the discharge of pollutants to the ground surface without a permit. In January 2007, MassDEP received a final response action statement regarding the cleanup.

5/7/07: MassDEP issued a Unilateral Order to Fafard Real Estate and Development Corporation and to Uxbridge Multi Family, LLC, for Wetlands violations at Crownshield Road in Uxbridge. The two are co-owners of the Ledgemere Country subdivision currently under development. During a March 2007 inspection, MassDEP the discharge of sediment and silt from an improperly functioning detention basin at the construction site into a perennial stream. Under today's Order, the owners are required to hire a wetlands specialist to evaluate the extent of damage caused to wetlands resource areas, and submit a restoration plan to MassDEP. The Order also requires an evaluation of the design of the detention basins to correct problems and assure that they function properly to protect downgradient water bodies.

5/7/07: MassDEP issued a Unilateral Order to Worcester Commons, LLC, for Asbestos violations at their Franklin Street facility in Worcester. The corporation is the owner of this multi-story, mixed-use commercial/residential property. An inspection by MassDEP on 2/28/07 found excessive dust emissions resulting from the demolition/renovation activities that were occurring at this partially occupied structure. Further investigation revealed the presence of suspect asbestos containing materials on the first and second floors, as well as in uncontained piles of demolition debris and in an uncovered open-top trailer in the adjacent parking lot. All job activities were suspended, and appropriate corrective actions were immediately taken to secure the site. Another inspection of the property took place on 3/6/07, accompanied by company officials and representatives of its asbestos removal firm. MassDEP determined that prior notification of the asbestos removal activities had not been provided prior to the initiation of the project, and the results of all samples taken at that time confirmed the presence of asbestos concentrations. Today's Order requires the company to retain the services of a licensed asbestos abatement contractor to properly contain, handle and dispose of all asbestos-contaminated wastes on site; conduct site decontamination; submit disposal records for all materials that have already been removed from the site and disposed of; remove all remaining asbestos-containing materials prior to conducting any additional demolition/renovation activities; and finally, to store and/or dispose of any newly discovered asbestos-containing waste materials at approved transfer stations and/or approved landfill facilities. Any additional enforcement action is still pending.

5/7/07: MassDEP executed a Consent Order with Plus One Realty Trust (trustee Gary M. Cole) for Waste Site Cleanup violations at 3 Mason Street in Peabody. Specifically, the violations were for failure to submit cleanup reports by the deadline as established by MassDEP in a previously issued Notice of Noncompliance on 2/2/07. Today's Order requires the site return to compliance by 9/30/07. In addition, the Trust agreed to pay $1,000/day in stipulated penalties in the event of non-compliance.

5/4/07: MassDEP entered into a Consent Order with an $11,500 Penalty involving Anthony Montisanti for Wetlands violations at 81 Atlantic Avenue in Salisbury. The site is on Salisbury Beach and MassDEP found that Montisanti had constructed a fence on his property, and an elevated boardwalk and stairs over his property and onto Massachusetts property (the Department of Conservation and Recreation). No prior filings or authorization was obtained for this work. The activity was conducted on coastal dune at a barrier beach. Today's Order requires the fence be retrofitted to provide equally distributed 50% open space to allow lateral sand movement. Montisanti must, either obtain authorization (from DCR) for the structures and retrofit the boardwalk and stairs to meet certain design criteria (including maintaining an elevation above the dune long term for vegetation growth and seasonally removable stairs) or provide for the complete removal of the boardwalk and stairs with dune restoration including planting. Also required is dune function monitoring and reporting for two growing seasons. MassDEP has agreed toss suspend $9,000 of the Penalty pending full compliance by 10/31/09.

5/4/07: MassDEP entered into an Amendment (and a $2,000 Penalty) to an existing Consent Order with Todesca Equipment Company, Inc. for Waste Site Cleanup violations at 19-21 21 Lanesville Terrace in Boston (Roslindale). Specifically, the Amendment extends the deadline for submittal of response actions and requires either a Phase I Initial Site Investigation and a Tier Classification Submittal or a final outcome (Response Action Outcome) statement for the site by 12/30/07.

5/4/07: MassDEP issued a Unilateral Order and $59,746 Penalty Assessment Notice to the Boston & Maine Corporation (B&M) for Solid Waste violations in Deerfield, Charlemont, West Boylston, Sterling, and Northfield. MassDEP took today's actions after B&M's illegal disposal of railroad ties in the aforementioned communities. In addition, MassDEP issued a Demand for a $15,000 Suspended Penalty due to B&M's failure to prepare (as required) an Environmental Management System, the company specifically agreed to develop (terms and conditions of a previous Consent Order). That Order was also pertaining to illegal railroad tie disposal at its Northfield property.

5/4/07: MassDEP issued a $175,094.92 Penalty Assessment Notice to American Reclamation Corporation for Industrial Wastewater, Water Pollution Control, Wetlands and Hazardous Waste Management violations at its (AMREC) facility in Charlton. Today's Penalty was based on violations related to violations observed at the facility. Inspections of the facility were conducted in November 2005 and March 2006 by a number of MassDEP program staff. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

5/4/07: MassDEP issued two Unilateral Orders to American Reclamation Corporation for Air Quality, Industrial Wastewater, Wetlands, Solid Waste and Hazardous Waste Management violations at its (AMREC) facility in Charlton. . The company is authorized to recycle petroleum-contaminated soils under the terms of its permit. The material is used as landfill daily cover material known as "Lan-loc". The facility also operates under the terms of several Solid Waste related Beneficial Use Determinations (BUDs), one of which authorizes the use of specific solid waste materials as a substitute ingredient in the production of "Lan-loc". The facility holds a (conditional) Air Quality permit. AMREC also has a National Pollutant Discharge Elimination System ("NPDES") permit renewal pending. Inspections of the facility were conducted by a number of MassDEP in November 2005 and March 2006. Those inspections determined that AMREC was allowing the discharge of residual wash water from concrete trucks, contaminated storm water, and water from its oil-water separator to be discharged to the surface of the ground without an approved groundwater discharge permit. Solid Waste related violations included the facility's processing of painted/coated construction and demolition debris without the necessary Solid Waste permits. Also, AMREC failed to comply with its existing BUD for the proper production of "Lan-loc", and it's disposal of, or contracting for the disposal of, solid waste at unapproved sites. Hazardous Waste Management related violations included the company's failure to comply with its permit, and failure to properly mark its hazardous waste accumulation area. Finally, it was determined that the company's failed to properly maintain its berm system resulted in the discharge of fill materials, and the alteration of an adjacent bordering vegetated wetland. The two Orders identify specific activities and timelines that need to be achieved to allow the company to return to compliance. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

5/3/07: MassDEP executed a Consent Order with an $80,000 Penalty involving Presstek, Inc., for Industrial Wastewater violations at 755 New Ludlow Road in South Hadley. Presstek is a litho graining company that MassDEP found was discharging an industrial wastewater/sewage to Buttery Brook on 6/1/06. and a release/threat of release of sulfuric acid to the environment began on 10/30/06, and was mitigated on or about 11/2/06. In regard to the industrial wastewater violations, Presstek was determined to have discharged solid and viscous pollutants to the sanitary sewer system that resulted in the plugging of the sewer line. Industrial wastewater and sewage discharged via a manhole to the brook. The sulfuric acid incident involved a release into a containment area inside the facility and was discharged to the atmosphere via a ventilation fan. This discharge created an ambient air plume, resulting in the evacuation of residences and businesses in the vicinity. Additionally, acid solution was in contact with other tanks of hazardous materials co-located in the containment area. The release/threat of release required a significant hazardous materials response by numerous local, state and federal agencies, and resulted in a tier 4 hazardous materials teams response (by the Department of Fire Services). Presstek was penalized for failing to immediately notify MassDEP of the release, failure to take steps to prevent the imminent hazard from occurring, handling and storing hazardous materials in a manner that caused a condition of air pollution, violating the general conditions of a previously-issued air quality permit, and causing a condition of air pollution. In response to the incidents, Presstek has taken steps to prevent discharge of solid materials to the sewer and has eliminated the litho graining process that required the storage of large quantities of hazardous materials in bulk storage tanks at the site. Presstek undertook and completed response actions for the release of sulfuric acid at the site in conformance with the state's Waste Site Cleanup regulations (Massachusetts Contingency Plan).

5/3/07: MassDEP executed a Consent Order with a $6,000 Penalty involving the Lawrence Drinking Water Treatment Plant in Lawrence. On 3/2/07 (at the city's old water treatment plant) and again on 4/10/07 (this time at its new plant), the chlorine residual dropped below the minimum acceptable level. The most recent incident, the city did not meet its disinfection contact time requirements for an hour. Also, the city used chlorine dioxide as a disinfectant for two weeks at its new plant, without conducting the required daily monitoring. Under the order, the city will extend its contract with the design firm at the new plant for 90 days in order to assist in operating the plant and training the city's operators. The order also sets enforceable timelines for the city to complete the remaining punch list items for start-up of the new plant. The city shall provide public notice for violations resulting from the low chlorine incident. In order for the city to take over operation of the plant on its own The Order also states that the city and their consultant must certify that there is an adequate number of qualified, appropriately licensed and trained staff on hand, at all times, to operate the new plant and to perform all the activities required to assure water production and to perform maintenance activities. MassDEP has agreed to suspend the entire Penalty pending compliance with all terms of the Order. .

5/3/07: MassDEP executed an Amendment to an existing Consent Order with a $2,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at One Franey Road in Somerville. Specifically, today's Amendment extends the deadline for additional cleanup response actions. The Amendment requires the additional information on response actions at the site to be submitted no later than 8/1/07. I

5/3/07: MassDEP entered into a Consent Order with a $10,687.50 Penalty regarding Eagle Gas, Inc. for Waste Site Cleanup violations at 131 Main Street in Carver. Eagle Gas Station (Najib Badaoui, President) had two releases, which significantly impacted soil and groundwater as well as residential water supply wells and the surface water of South Meadow Brook. MassDEP initiated enforcement against Eagle Gas, Inc. for failure to conduct required response actions. MassDEP had issued two Notices of Noncompliance for failure to meet response deadlines. Eagle Gas, Inc. did not comply with the terms and deadlines contained in the NONs. However, Eagle Gas, Inc. has since made good faith efforts to return to compliance. MassDEP has agreed to suspend the entire Penalty provided Eagle Gas, Inc. complete additional required response actions in accordance with the terms and deadlines stipulated in the Consent Order.

5/3/07: MassDEP entered into a Consent Order with a $31,000 Penalty regarding the Estate of Claire Page for Waste Site Cleanup violations at 1023 and 1029 East Street in Tewksbury. The property in question was in noncompliance for failure to submit Phase(d) Cleanup Reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 5/22/06. While some reports were submitted on 7/24/06, new deadlines have now been established for completing cleanup actions including the submittal of a Phase IV Plan by 6/30/08 and either a Remedy Operation Status or a Response Action Outcome (RAO) Statement by 12/31/08. MassDEP has agreed to suspend $15,000 of the Penalty pending full compliance.

5/1/07: MassDEP entered into a Consent Order with the City of Woburn for Wastewater Management violations. Today's Order supersedes a previous Consent Order and now requires Woburn to move forward with additional sewer system infiltration and inflow (I/I) identification and removal with defined periods for performance, based on prioritized areas. The City must also work in a cooperative manner with the town of Burlington to study sewer capacity issues related to the Horn Pond Sewer system overflows to Horn Pond in Woburn and Vine Brook in Burlington. These Sanitary Sewer Overflows (SSOs) impact receiving waters in both communities and have potential impacts to public drinking water sources. The City must establish under MassDEP's approval process, certain procedures to be followed (or Standard Operating Procedures) that will limit the extent of SSOs in both Woburn and Burlington. A hydraulic analysis of the Horn Pond sewer will be performed for MassDEP review.

5/1/07: MassDEP entered into a Consent Order with a $4,315 Penalty regarding the city of Taunton for Waste Site Cleanup violations at 280 Harris Street in Taunton. The city failed to comply with the terms and conditions of an Activity and Use Limitation (AUL). Specifically, excavation was performed at the 280 Harris Street property. This site is specifically restricted for "all excavation" at the property. Under today's Order, the city will conduct a Supplemental Environmental Project (SEP) which will mitigate the entire Penalty. As part of the SEP, the city will prepare and publish an article detailing the non-compliance issues at this site and the steps that any towns and city could take to avoid similar violations at properties with AULs. This article will be published in three technical publications. Also part of the SEP, the city will prepare health and safety plans and soil management plans to be utilized, if necessary, at any other AUL sites owned by Taunton. In addition, the city is also required to conduct additional response actions at the site in order to come into compliance.

April 2007

4/30/07: MassDEP executed a Consent Order with a $23,000 Penalty involving the Fletcher Granite Company, LLC for Wetlands violations at 534 Groton Road in Westford. The violations were initially identified through the Wetland Change Initiative. Upon investigation of the site and operations of the facility, MassDEP confirmed that two areas of Bordering Vegetated Wetland (BVW) had been filled totaling 16,000 square feet. Additionally, a separate area of wetland filling was observed immediately adjacent to the site on the property of an abutting quarry operation. Fletcher Granite has agreed to restore the 16,000 square feet of filled BVW and to restore an additional BVW area that had been filled at some point many years earlier. The restoration work in total will provide additional flood storage and wildlife habitat. Also, Fletcher Granite has agreed to enter into a separate ACO to restore wetland on the adjacent property contingent on getting an access agreement from the owner to perform the restoration. All restoration work will be monitored to confirm its long-term viability. MassDEP has agreed to suspend $13,500 of the Penalty.

4/30/07: MassDEP entered into a Consent Order with M Norma Hartmann for Asbestos violations in Springfield. Hartmann failed to notify MassDEP prior to commencement of asbestos removal activities conducted in the basement of a rental residence. Hartmann also failed to employ appropriate asbestos removal work practices, failed to properly manage and store asbestos-containing waste, and attempted to illegally dispose of the waste. Today's Order requires air monitoring within the residence, and the proper clean up of the asbestos-containing materials.

4/30/07: MassDEP entered into a Consent Order with a $1,000 Penalty regarding NG Environmental Contractors LLC for Asbestos violations at 49 Blanchard Street in Lawrence. MassDEP personnel observed an asbestos waste trailer leased to NG at the site. During the inspection of the asbestos waste in the trailer MassDEP personnel observed asbestos, which was not adequately wet. NG was instructed to correct the violation by building containment in the trailer and wetting the dry material. After confirming that NG had returned to compliance during a follow-up inspection, MassDEP has agreed to suspend $500 of the Penalty pending one year of continued compliance.

4/27/07: MassDEP issued a Unilateral Order to the Mascoma Land Company to initiate actions relative to its public Water Supply at an apartment and daycare facility in Ware. Mascoma is the owner of the building and is required to begin immediate use of bottled water for consumption and provide notice to users of the facility, including parents of children attending the daycare. Today's Order was issued after monitoring results showed high lead levels and requires follow-up monitoring. A prior Order with Mascoma was also modified requiring the installation of corrosion control treatment to prevent exceedences of lead and copper levels. MassDEP consulted with MassDPH regarding the action.

4/27/07: MassDEP entered into a Consent Order with a $2,507 Penalty regarding Furniture Plus for Industrial Wastewater and Hazardous Waste Management violations at its facility in Worcester. MassDEP inspected the small wood-furniture refinishing facility at 100 Grand Street in September 2005 and found that rinse water containing methyl chloride for stripping, and solvent based coatings was being discharged to the municipal sewer system without the company having properly notified the Upper Blackstone Water Pollution Abatement District. In addition, hazardous waste management practices were determined to be inadequate. In addition to the Penalty, the facility now re-circulates the rinse liquid, and is properly managing hazardous waste. The rinse liquids that may contain lead and methylene chloride are shipped off as hazardous waste when no longer useable. The facility will ensure that no unnecessary discharge of metals and chlorinated hydrocarbons will be discharged to the Blackstone River. MassDEP agreed to suspend the Penalty pending continued compliance.

4/27/07: MassDEP executed a Consent Order and a $17,150 Penalty involving Industrial Polymers & Chemicals, Inc. for numerous environmental violations at its facility in Shrewsbury. The company manufactures resin-impregnated woven fiberglass used for reinforcement in grinding wheels and other abrasive applications. The company was found to be inconsistent with good engineering practices with regard to the height of one of its exhaust stack along with other Air Quality violations. The company also accumulated hazardous wastes for periods exceeding applicable time limits, failed to properly mark and label hazardous waste containers, and failed to train its employees. In addition, the company failed to file Toxic Use Reduction Act reports for calendar year 2005. The company agreed to comply with applicable regulations and permits

4/27/07: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Pan-Glo for Air Quality violations at its Worcester location. The company, which washes and re-glazes commercial bread baking pans, was not operating in compliance and causing nuisance odors to the surrounding neighborhood. In addition to the Penalty, the company will apply for a new Plan Approval that will focus on odor generation and elimination.

4/27/07: MassDEP entered into a Consent Order with a $1,000 Penalty involving Accolade Environmental Contracting Corporation for Asbestos violations at 49 Blanchard Street in Lawrence. While responding to an unrelated complaint at 49 Blanchard Street in Lawrence MassDEP personnel observed an asbestos waste trailer leased to Accolade at the site. During the inspection of the asbestos waste in the trailer, MassDEP personnel observed asbestos, which was not properly sealed in leak-tight containers. As a result of this non-compliance, Accolade was assessed a $1000 penalty. MassDEP has agreed to suspend $500 of the Penalty pending compliance by Accolade for one year.

4/27/07: MassDEP issued a Unilateral Order to P.J. Albert, Inc., of Fitchburg; and Ralph A. Seaver of Worcester: Albert (the contractor) and Seaver (the property owner) are required to stop the disposal of concrete, asphalt, and fill into the Wetland resource areas located at 51 Redfield Road in Worcester. MassDEP personnel observed the violations from an abutting property. The contractor and the property owner are required to hire a wetlands specialist to evaluate the extent of impact to the resource areas, and to hire an erosion control specialist to determine the best course of action to stabilize the material dumped at the site, and to submit a plan for the removal of all material dumped. The contractor, with permission from the owner, will also be required to immediately install a double row of hay bales and silt fence at the toe of the slope to prevent any further erosion into the wetlands. Additional enforcement with penalty assessment is anticipated. 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.

4/27/07: MassDEP announced the settlement of $10,500 Penalty involving Dahar Realty/Daher Service for the Air Quality and Hazardous Waste Management violations at its gas station/automotive repair facility at 105 Great Road in Bedford. MassDEP was informed by the US Bankruptcy Court that the enforcement case against this gas station has reached a final, enforceable settlement with the Court. Through the assistance of the Commonwealth of Massachusetts Attorney General's office, MassDEP was able to cause an amendment to the Disclosure Statement involving the environmental violations. The Settlement provides the Debtors to pay a $10,500 penalty ($350/month for 30 months). Debtors are also subject to an additional $4,500 penalty if they fail to make the 30 payments on a timely basis or otherwise fail to comply. The Settlement also requires that Debtors retain a consultant with specialized knowledge of Stage II and hazardous waste requirements to inspect the business once a month for six months and then on a quarterly basis for six quarters.

4/26/07: MassDEP entered into a Consent Order with a $6,250 Penalty involving Phyllis Cove for Asbestos violations at 46 Ridgewood Terrace in Northampton. MassDEP inspected the location, following a complaint filed by the occupants of the rental property, and found damaged asbestos was on the floor of the basement. A new boiler had recently been installed and the old asbestos insulated boiler and pipes had been cut out with a saw and left on the basement floor. MassDEP notified the owner - Cove, of Auburndale - who responded quickly to retain a licensed asbestos contractor to clean up the basement and properly dispose of the material. MassDEP has agreed to suspend $4,000 of the Penalty pending a one-year probationary period.

4/26/07: MassDEP entered into a Consent Order with an $8,630 Penalty regarding Building 8 Associates, LLC, for Waste Site Cleanup violations at its location (3 Railroad Avenue) in Andover. Specifically, the violations were for conducting a Limited Removal action outside the regulatory timeframes set forth in the regulations and for failing to notify MassDEP as required of the release of oil/hazardous material. The corporation also failed to submit a RAM Plan prior to conducting soil removal.

4/26/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving Borges Construction for Asbestos violations in Westfield. MassDEP discovered during an inspection of the water and sewer line replacement at the Eastwood Estates section of Westfield, that Borges, which is based in Ludlow, had removed sections of asbestos-containing water line without employing the proper work practices and without prior notice to MassDEP. Although Borges had retained a licensed asbestos contractor for some of the asbestos removal, the contractor was not on site to perform this portion of the work. Borges was instructed to use a licensed asbestos contractor to collect all the waste and to inspect all of the removal areas for remnant asbestos debris. MassDEP agreed to suspend $7,000 of the Penalty pending a two-year probationary period.

4/25/07: MassDEP issued a "Do Not Use" Order to the Town of Spencer and its Water Department due to reported Water Supply violations. The town notified MassDEP that a number of residents reported burning sensations after using town water and quickly determined that an excessive amount of sodium hydroxide had been introduced into the town's water distribution system at the Meadow Road Water Treatment plant. Spencer's public water system serves a population of approximately 7,000 people. The Order required the town to immediately notify all customers to "Do Not Use" the water until further notice, discontinue use of the sodium hydroxide feed system at the treatment plant, continue flushing the entire distribution system, continue the on-going sampling activities, and prepare and submit a summary of events and a corrective action plan to MassDEP. [This Order was terminated a day later, and replaced by a "Boil Water" Order along with the requirement that all customers receive notification to purge the water from residential fixtures. Also, the town would provide notice to all its customers of their need to boil the water prior to using and/or consuming it. MassDEP further provided the town with clear and specific information on purging the system and hot water tanks along with public notice as well as a listing of precautionary measures, to be distributed to customers. The boil order was lifted 4/27/07.]

4/25/07: MassDEP entered into a Consent Order with an $8,000 Penalty involving Sunrise Properties, Inc. for Wetlands violations in Belchertown. The company is required to stabilize the property on Munsell Street and fully comply with the requirements of a prior Order issued by MassDEP: restore 6,270 square feet of Bordering Vegetated Wetlands impacted during unauthorized construction. The Order also requires Sunrise Properties, Inc. to submit a completed 401 Water Quality Certification that discloses all anticipated impacts to site wetlands from the subdivision

4/24/07: MassDEP entered into a Consent Order with a $31,650 Penalty involving the Rivers School for groundwater discharge violations in Weston. The School exceeded their effluent limitations for flow, total suspended solids, nitrate nitrogen, total nitrogen and biological oxygen demand during 2005 and 2006. MassDEP has agreed to suspend $20,650 of the Penalty if the facility does a wastewater treatment plant evaluation and repairs and/or replaces any equipment in the plant in order to achieve compliance with its effluent limitations.

4/23/07: MassDEP has entered into a Consent Order with an $8,077 Penalty regarding Oldcastle Industrial Minerals, Inc. for Air Quality violations at its facility in Lee. The company failed to apply for an Air Quality Operating Permit renewal prior to its expiration and for failure to maintain complete fuel usage and temperature monitoring records at the facility. As part of the settlement, Oldcastle will submit the renewal application, implement an environmental management system, and pay a $5,750 Penalty to the MassDEP. The remaining $3,327 will be suspended provided that Oldcastle complies with the terms.

4/23/07: MassDEP entered into a Consent Order with a $460 Penalty involving the Pepsi Bottling Group for Hazardous Waste Management violations at its facility in Taunton. An inspection by MassDEP revealed that the company, which was registered as a Very Small Quantity Generator of hazardous waste, had not registered with the Department as a Small Quantity Generator of waste oil and had not posted appropriate emergency information near their storage area.

4/19/07: MassDEP entered into a Consent Order with an $8,000 Penalty regarding Fleet Environmental Services for Asbestos violations in Springfield. The company, which is based in Randolph, failed to properly handle and manage asbestos-containing caulking and window glazing material during a window replacement project at the Edgewater Towers in Springfield where a MassDEP inspection noted the asbestos-containing material deposited on the ground outside the building. Fleet Environmental has cooperated fully and immediately cleaned up the asbestos debris. MassDEP has agreed to suspend $4,000 of the Penalty.

4/19/07: MassDEP executed a Consent Order with a $1,380 Penalty involving All States Asphalt, Inc. for Hazardous Waste Management violations at its facility in Sunderland. An inspection determined the company was generating above the permitted threshold for its registered hazardous waste status. In addition to the Penalty, the company has agreed to operate within its registered status or notify MassDEP of any change in status.

4/19/07: MassDEP entered into a Consent Order with Espirito Santo Museum Foundation, Inc., for Asbestos violations at the corner of Eagle Street & Bradford Avenue in Fall River. The company failed to submit written notification to MassDEP for removal of asbestos containing material. In addition the company committing violated work practices including, failure to adequately wet the material, failure to seal work area off, failure to use air cleaning equipment, failure to containerize the material in leak-tight containers and failure to label the material. Total penalty amount was $13,700, but on 10/11/06 the company submitted information to demonstrate financial inability.

4/19/07: MassDEP issued a Unilateral Order to, Recycle Technology for Solid Waste violations at its Charlton facility. The facility has processed Asphalt, Brick and Concrete (ABC) rubble at the site since September 2004 under the terms of a Determination of Need (DON) approval issued by the Solid Waste program. The facility also processes petroleum-contaminated soils (PCS) under the terms of an existing Class A Level 3 Recycling Permit. An inspection of the facility in March 2007 revealed the presence of an approximately 5,000-ton pile of co-mingled soil and concrete rubble. Sample results determined that the soils were contaminated with total petroleum hydrocarbons and polycyclic aromatic hydrocarbons, in violation of the conditions of the DON. Today's Order requires the company to comply with existing local Building Commission and Zoning Board enforcement Orders and cease accepting any deliveries of ABC rubble and PCS to the site. In addition, the company must cease processing on-site materials, and submit a plan for the timely removal of the 5,000-ton pile of materials to another MassDEP-approved facility for either proper disposal or recycling.

4/18/07: MassDEP entered into a Consent Order with the Mass Foundation for Learning Disabilities, Inc., for Water Supply violations in Westfield. The company is the owner and operator of White Oak School, a public water supply/system in Westfield. Today's Order includes a schedule for the installation of treatment to remove arsenic or the installation of a fully compliant new source, in response to the facility's violation of the Maximum Contaminant Level for arsenic in drinking water.

4/18/07: MassDEP issued a $1,000 Penalty Assessment to Timothy & Susan Kelly for Wetlands violations on Deming Street in Pittsfield. The Kellys, of 96 Pollock Avenue in Pittsfield, were issued an amended order (or permit) for construction of a residential dwelling within the Riverfront Area of the Housatonic River. However, on or about 12/26/06 the Kellys began construction on the property without an approved compliance monitor, in violation of the permit. The compliance monitor was required by the permit to ensure compliance with the permit during certain actions to ensure protection of sensitive resource areas. No work was to begin under the permit until that compliance monitor was nominated by the Kellys and approved by MassDEP.

4/18/07: MassDEP entered into a Consent Order with a $1,000 Penalty regarding MC Excavating, Inc.for Asbestos violations in Dorchester (Boston). MassDEP responded to a complaint of alleged improper asbestos handling at a demolition site. During the inspection MassDEP determined that approximately 30 feet of asbestos containing pipe had been removed and damaged as a result of an excavation operation. MassDEP agreed to suspend $750 of the Penalty, but within 30 days of the effective date of today's Order MC Excavating will provide a copy of the Articles of Voluntary Dissolution that has been filed with Secretary of States Office to dissolve MC Excavating, Inc.

4/18/07: MassDEP executed a Consent Order with a $30,000 Penalty involving Joseph Jones for Waste Site Cleanup violations at 1 Linehurst Road in Revere. Specifically, the violations were for failure to submit either a Phase I Report or a final outcome statement by the deadlines established in the regulations. Today's Order requires an Immediate Response Action Plan by 6/30/07 and either a Phase I Report or final outcome statement for the site by 11/30/07. MassDEP has agreed to suspend $20,000 of the Penalty pending compliance.

4/17/07: MassDEP issued a Unilateral Order and $14,000 Penalty to Patrick V. Marasco, Jr., for Wetlands violations at 102 Baldpate Road in Boxford and on the abutting property at 184 Nelson Street in Georgetown. The site was initially identified through the Wetland Change Initiative. Upon visiting the site and questioning Dr. Marasco, MassDEP confirmed that approximately 8,276 square feet of Bordering Vegetated Wetland (BVW) had been altered by removal of trees, maintenance mowing and construction of a fence to enlarge an area for keeping three horses. Today's Order requires removal of the fence from the BVW and Buffer Zone, restoration of the entire altered BVW, and long term restoration monitoring on both his and the abutters property.

4/17/07: MassDEP amended an existing Consent Order with Belcher Foundry for Air Quality violations at its Easton facility that establishes an agreed-upon closure date of 7/1/07. Belcher had failed to completely meet the terms of existing Consent Orders that required the Foundry to install pollution control devices necessary to correct the dust and odor problems. The facility's operations generated extensive attention and complaints from the surrounding residential areas. Belcher Foundry cited energy costs, as well as, other factors as the reason they had not timely complied with the pollution control device installation dates.

4/17/07: MassDEP issued a Demand Letter for $40,050 of a previously-suspended Penalty to James Kelly d.b.a. Kelly Environmental for repeated Asbestos violations at 62 Boylston Street in Boston. On 3/30/07 MassDEP personnel responded to a complaint of illegal asbestos removal at 62 Boylston Street in Boston. During that inspection, MassDEP determined that James Kelly had removed asbestos containing floor tile from six dormitory units in the occupied building, without notification, or without following the proper asbestos abatement procedures. These actions violated an Administrative Consent Order with Penalty issued to Mr. Kelly on 6/29/06.

4/17/07: MassDEP entered into a Consent Order with Joseph Bochetti as trustee of1998 Revere Beach Parkway in Everett for Waste Site Cleanup violations. The property is within an environmental justice community. Specifically, the owner of this property failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 1/26/07. Today's Order establishes a deadline of 12/30/07 for submittal of a Phase I Report and a Tier Classification. Further, the Order contains a stipulated penalty provision for any missed deadlines.

4/17/07: MassDEP executed a Consent Order with a $6,610 Penalty regarding Crown Beverage Packaging USA for Air Pollution violations at its facility in Lawrence. The company was not keeping Air Pollution Control Records relative to the correct units of measure. A multimedia inspection on 9/13/06 resulted in a Notice of Noncompliance (NON). The response to the NON revealed that the company was using a noncompliant coating, as well as continued recordkeeping noncompliance. Crown has agreed to cease use of the noncompliant coating and seek reformulation to meet their customer's coating specifications as well as to begin to keep records using the correct units of measure.

4/13/07: MassDEP issued two Unilateral Orders to Northeast Environmental Processing LLC and Richard Mottolo for Air Quality and Solid Waste violations at 28 Water Street in Lawrence. Specific violations included installing and operating air pollution control equipment without a permit and for receiving and processing solid waste (specifically, restaurant grease trap waste) without a solid waste site assignment and permit. The Orders require that Northeast Environmental Processing obtain an Air Quality Permit for the air controls and, either obtain from the MassDEP, a Determination of Need for Site Assignment, or a Site Assignment and appropriate Solid Waste facility permit. The Orders further provide a timeframe and process for obtaining the required Solid Waste approvals, including submittal and approval by MassDEP of an Interim Operating Plan for the continued operation of the facility pending Northeast Environmental Services, either obtaining the proper solid waste permits or closing the facility. 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.

4/13/07: MassDEP issued a Unilateral Order to New Ventures Associates LLC for Solid Waste violations at the Crow Lane Landfill in Newburyport, specifically for failing to control and mitigate litter originating from the Crow Lane Landfill. The Order requires New Ventures to immediately implement measures to control and cleanup litter originating from the activities at the landfill. 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.

4/13/07: MassDEP working with the Massachusetts Attorney General's Office issued a Noncompliance Notice to New Ventures Associates LLC pursuant to the preliminary injunction entered on 10/20/06 in Suffolk Superior Court for activities at the Crow Lane landfill in Newburyport. The Noncompliance Notice ordered New Ventures to cease the receipt and placement of construction and demolition fines and residuals at the landfill until such time as the MassDEP determines that the company has returned to compliance. The notice cited New Ventures for failing to comply with the amended Court Order of 11/1/06 and 2/22/07. Among the violations include: New Ventures failure to install the permanent piping for connection of the landfill gas pretreatment system and enclosed flare to the landfill gas extraction system (the system is currently operating using temporary flexible hoses. Also, the company must provide evidence of a contract with an installer for completing the installation of the fabric cap and gas-vent layer; adequately control and mitigate leachate releases from the landfill; submit an adequate response to MassDEP's Notice of Technical Deficiency on the geotechnical evaluation and modify the design of the perimeter berm. Finally, the company must cover uncapped inactive areas of the landfill where C & D is located with temporary tarps and to maintain the tarps; and collect the required monthly landfill gas samples for laboratory analysis from the inlet to the enclosed flare. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

4/12/07: MassDEP executed a Consent Order with RIRO Realty Corporation, for Waste Site Cleanup violations at 128 Newbury Street in Peabody. The corporation failed to submit Phase reports after submitting an initial Phase I to MassDEP. The corporation also failed to achieve a final outcome for the site within the established timelines. The Order requires RIRO Realty to complete all Phase reports and other cleanup actions or face stipulated penalties.

4/12/07: MassDEP issued a Unilateral Order to Salem and Beverly Water Supply Board (BSWSB) for Wetlands violations in Wenham. After executing a Consent Order with BSWSB on 3/29/07 to settle other Wetlands violations, MassDEP received a complaint that BSWSB was working in a Bordering Vegetated Wetland (BVW) without authorization. MassDEP immediately inspected the site off Cherry Street on 4/10/07 and found evidence of clear-cutting of vegetation, with cut materials left in place. The vegetation removed included approximately 50-100 year old oaks and other trees, some of which formed canopy of rare and priority species habitat. Work was also performed in the Buffer Zone to BVW. Today's Order requires BSWSB to cease and desist all work, including cutting, operation of motor vehicles and equipment, removal of cut lumber, vegetation, or debris and excavation within jurisdiction of the WPA until such time as MassDEP issues additional orders relative to resource area restoration and mitigation. Additional higher-level enforcement is anticipated. 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.

4/12/07: MassDEP executed a Consent Order with Island Children's School in West Tisbury for Water Supply violations. The School was operating an unapproved public water system. Corrective actions will include registration with the Department and all associated monitoring and reporting as a non-transient, non-community public water system.

4/12/07: MassDEP entered into a Consent Order with a $6,350 Penalty regarding A.J. Andrews for Asbestos violations at 29 Newcomb Place in Taunton. MassDEP found the violations during the removal of asbestos containing pipe insulation from a heating system in the basement of a three family home and for committing three asbestos abatement In addition, during the removal the company failed to properly containerize and label the asbestos containing waste material and failed to properly wet the material during removal along with a failure to seal the work area and use air-cleaning equipment.

4/11/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving D.A. Ventures, Inc. for Waste Site Cleanup violations at 125 Main Street in Newburyport. Ventures is the successor-in-interest to the former owner of the 125 Main Street Site, a site that includes a four-story apartment building. In February 1997, a leaking underground storage tank was removed from this site. The site is not in compliance with cleanup requirements. Today's Order establishes a deadline for submittal of a Tier II Extension, as well as deadlines for submittal of a Phase II, Phase III (and, if applicable) a Phase IV. MassDEP agreed to suspend the Penalty after the company submitted (and documented) its financial inability to pay, but contingent upon the company complying with all terms of the Order.

4/11/07: MassDEP executed a Consent Order with a $5,000 Penalty regarding James Filandrianos for Waste Site Cleanup violations at its 602 Washington Street property in Lawrence. As owner of the property, Filandrianos failed to meet submittal deadlines set out in a Notice of Noncompliance. Today's Order establishes deadlines for submittal of a Tier II Extension, Status Reports and completions statements or final outcome statement. In addition to the Penalty, a provision is established for stipulated penalties for any missed deadlines.

4/11/07: MassDEP entered into a Consent Order with the Pleasant Water Company for Water Supply violations in Wellfleet. The company, serving as a public water supply, was found to be exceeding the copper level for the Compliance Periods of 7/1/03 to 12/31/03, and then again from 7/1/04 to 12/31/04. After exceeding lead levels from 7/1/04 to 12/31/04, the Pleasant Water Company was required to install and operate corrosion control treatment for lead and copper. Because the company could not complete installation and operation of permanent corrosion control facilities and follow-up monitoring on time as required under the regulations, MassDEP enters into today's Order to provide a unique but detailed and enforceable schedule of actions and deadlines for the company, which will result in compliance with the lead and copper levels.

4/11/07: MassDEP issued a Demand Letter to the town of Great Barrington for $500 due to its failure to complete response actions and comply with a previous Consent Order with the Department. Groundwater below the town garage has been contaminated by two separate releases, gasoline and fuel oil. Neither of these two plumes has been properly delineated. The Town was issued a Notice of Noncompliance by MassDEP for failure to submit Phase II/III and Phase IV in 2000. The Consent Order became effective 2/20/01 establishing deadlines for the Phase Reports. An IRA was initiated by the town in May 2001 to address contaminants found in a well on-site and a Phase II was submitted on 7/30/01. MassDEP and the town have now agreed to modify deadlines due to the unexpected extent of contamination, the need for additional work and the cost of cleanup. That modification became effective on 2/22/05 redefining the deadlines. However, a new consultant hired by the town found that the previous Phase II report was inadequate in that it did not define the extent of contamination. Therefore a Phase II addendum was submitted 1/1/06. To date, the Phase III plan has not been submitted. The most recent submittal (1/17/06) was a status report, followed by a missed deadline on 7/17/06. The plan required the product in the wells to be evaluated and recovered on a monthly basis. IRA activities appear to have been terminated. To date, the Town has not completed the required work as agreed.

4/9/07: MassDEP executed a Consent Order with a $12,000 Penalty involving Vitasoy for Air Pollution, Hazardous Waste and Industrial Wastewater violations at its facility in Ayer. MassDEP along with the local board of health inspected the facility on 7/20/06 after receiving odor complaints. In addition to the odor problem, the company was failing to comply with Hazardous Waste labeling and signage requirements and had failed to submit an updated staffing plan for its wastewater treatment facility. The company has agreed to implement measures that will lead to the proper control of odorous air emissions, the safe and proper handling of hazardous waste and the proper treatment of industrial wastewater

4/9/07: MassDEP executed a Consent Order with Stratford Ponds Condominium Trust for Groundwater Discharge violations in Mashpee. The trust is the holder of a Groundwater Discharge Permit for the Stratford Ponds Condominiums in Mashpee. Today's Order gives the trust thirty-six months to relocate the existing discharge from the wastewater facility outside the Zone II of a public water supply.

4/9/07: MassDEP executed a Consent Order with $53,937 Penalty regarding Barclay Lincoln Avenue Realty LLC, for Asbestos violations at 54 Mechanic Street in Winchendon. MassDEP inspected the facility in April 2006 in response to a complaint and found the company had removed a boiler covered with dry, friable asbestos containing insulation and left it without containment in the parking lot. Pieces of this insulation were observed on the ground in the parking lot as well as in the area of the facility where the boiler had been removed. The company was required to hire a licensed asbestos contractor to properly remove, package and dispose of all the asbestos materials and decontaminate all affected areas of the property. The company submitted information to support a claim of financial inability and agreed to suspend all but $1,500 of the Penalty.

4/9/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving William E. Baird, a Licensed Site Professional (LSP), for Waste Site Cleanup violations. Specifically, Baird made, and/or caused another person to make, false, inaccurate, incomplete or misleading statements in submittals filed with MassDEP pursuant to the requirements under Massachusetts cleanup regulations. Secondly, that Baird rendered an LSP Opinion that did not comply with the requirements. Today's Order specifies requirements that Baird must follow in order to avoid future enforcement actions.

4/9/07: MassDEP amended a Consent Order with the Town of Stoughton for Solid Waste violations at the Page Street Municipal Landfill in Stoughton and with TW Conroy (the "lessee") concerning the required closure and capping of the Page Street municipal landfill. The original Order (5/25/06) required the implementation of a variety of corrective actions, including final cap/closure by 12/31/06. The town and Conroy then developed a three-phased approach to achieving compliance. Phase I approved on 8/16/06, Phase II approved on 12/29/06; Phase III approved on 3/28/07 but required an amended Order to establish new/revised compliance deadlines. As approved, Phase III will utilize 570,000 cubic-yards of soil as grading and shaping material under MassDEP's unlined landfill closure policy in order to help defray the costs associated with the closing/capping of the municipal landfill. The Phase III approval also included a post-closure use of the landfill. This includes the installation and operation of a wind-turbine electric generation tower on top of the capped landfill in order to provide power to the on-site 800-ton per day construction and demolition processing and handling facility, which is under construction. Today's Order also extends the final capping deadline for the landfill three (3) years (12/31/10), in order to sufficiently allow for the implementation of the Phase III corrective action plan.

4/6/07: MassDEP entered into a Consent Order with Robert Nickerson (trustee of Tudor Place Condominium Trust) relative to Waste Site Cleanup violations at 118-130 Tudor Place in South Boston. The property is within an environmental justice community and MassDEP initiated enforcement due to failure to meet submittal deadlines as established in a Notice of Noncompliance on 6/13/06. Today's Order establishes a deadline of 10/30/07 for submittal of a Phase I Report and a Tier Classification Submittal. Today's Order contains a stipulated penalty provision for any missed deadlines.

4/6/07: MassDEP executed a Consent Order with a $15,000 Penalty involving the Mountainside Corporation for Wetlands violations at 204 Lancaster Road in Berlin. The company, which is based in Fitchburg, agreed to correct violation that occurred during development of property located at 204 Lancaster Road in Berlin, MA. During an inspection by MassDEP, the cutting of trees shrubs and ground cover was observed along with the construction of a pond within a bordering vegetative wetland and riverfront area. The corporation had not filed any notification or request prior to conducting these activities. MassDEP shortly thereafter issued a Unilateral (cease-and-desist) Order. The company ceased construction, stabilized the site, and hired a wetlands specialist to determine the extent of damage and prepare a restoration plan. Today's Order a schedule to carry out the restoration, document the successful re-establishment of the wetland. Upon completion up to half an acre of bordering vegetative wetland and Riverfront Are will be restored.

4/3/07: MassDEP executed a Consent Order with the town of Hatfield for Wetlands violations at Brook Hollow Road. MassDEP found work on a road and culvert at a former bridge crossing over the Mill River in violation of the approved Order of Conditions. The town was required to obtain (and did not) both federal water quality permit from the U.S. Army Corps of Engineers and state water quality certification. The construction work impacted land under water and along the banks of the Mill River by leaving the site in an unstable condition during high flow conditions. The Order requires the Town to fully stabilize and restore the site by 8/1/07.

4/3/07: MassDEP executed a Consent Order with a $25,000 Penalty involving Canterbury Development, Inc. for Wetlands violations at 925 Piper Road in West Springfield. The company, which is located at 84 Cedar Woods Glen in West Springfield, had begun construction of a housing complex. On 8/8/06, MassDEP inspected the site to provide the town assistance as requested. The town had previously issued an Enforcement Order to Canterbury as a result of site erosion and deposition of sediment into a BVW area. MassDEP found continuing instability and issued a Unilateral (cease-work) Order on 9/5/06 requiring Canterbury to take immediate steps to stabilize the site and fully implement a restoration plan. As a result of today's Order, Canterbury agrees to the Penalty to maintain site stability and to restore 1 acre of BVW. Canterbury will pay $6,250 and $12,500 will be suspended contingent upon compliance with the Order. However, the Order also requires Canterbury to conduct a Supplemental Environmental Project (SEP) on behalf of and with the consent of the town of West Springfield in the amount of $6,250.

4/2/07: MassDEP executed a Consent Order with Gerard McCarthy, the owner of 128 Franklin Street in Stoneham for Waste Site Cleanup violations. Today's Order includes timelines for submittal of Phase Reports, Release Abatement Measure and a final outcome statement. This site was first reported back in 1993 and today's action will lead to overdue cleanup of contaminated soil at the site.

4/1/07: MassDEP executed a Consent Order with a $15,000 Penalty involving American Finish & Chemical Company for Waste Site Cleanup violations at 1012 Broadway in Chelsea. Specifically, the violations were for failing to achieve a final or Response Action Outcome (RAO) by the deadline established (and agreed to on 2/24/06) in a previous Order. In addition to the $15,000 Penalty, the company has agreed to submit the RAO by no later than 2/28/08.

March 2007

3/30/07: MassDEP executed a Consent Order with a $28,500 Penalty involving Peter Van Wyck for Wetlands violations at Apple Street in Essex. Erosion and sedimentation occurred on 1,200 square feet of bordering vegetated wetlands during construction of an underground gas pipeline. The work was performed in non-compliance with a Superseding Order of Conditions for the project (a residential subdivision). Today's Order requires immediate stabilization and maintenance of erosion controls, removal of sediment and boulders and re-vegetation of slopes at the impacted area. In addition, monitoring to restore function to the altered area is required. MassDEP has agreed to suspend $22,500 of the Penalty pending full compliance by 10/31/07. 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.

3/30/07: MassDEP issued a Unilateral Order to cease-and-desist and a $12,500 Penalty Assessment Notice to Northeast Concepts, Inc. for Wetlands violations at Mashapaug Road (assessors map 11A, plot 03) in Holland. The company is alleged to have undertaken cutting and removal of vegetation in less than 5,000 s.f. of Riverfront Area without filing a Notice of Intent with the local conservation commission and MassDEP. Today's Order is the second issued to Northeast Concepts for undertaking works in protected resource areas in Holland. The Order requires submission of a restoration plan to restore the impacted Riverfront Area.

3/30/07: MassDEP issued a Unilateral Order to Strawberry Hill Acton Realty Trust for Water Supply violations at its apartment complex in Acton. The Trust is required to connect Strawberry Hill Apartments to the Acton Water District and abandon the current water supply no later than 11/1/07. Today's Order was issued after lengthy negotiations failed to resolve ongoing violations to the on-site water supply that involves the operation of an on-site sewage disposal system that may endanger water quality.

3/30/07: MassDEP entered into a Consent Order with a $12,000 Penalty for Asbestos violations involving Susan Eiffert in Pittsfield. Eiffert, of Great Barrington, is the owner of a rental property at 157-159 Mohegan Street in Pittsfield where an illegal asbestos project was observed. The Pittsfield Plumbing inspector noted the removal for which no protective measures had been taken and for which no notification had been submitted. Eiffert agreed to the Penalty, and MassDEP agreed to suspend $4,500 pending a two-year probationary period.

3/30/07: MassDEP entered into a Consent Order with 408 Massachusetts Avenue, Inc, for Waste Site Cleanup violation at the aforementioned property (a former Shell Station) in Acton. MassDEP agreed to extend the cleanup deadlines, as had been requested, in order to achieve a permanent solution.

3/29/07: MassDEP executed a Consent Order with a $6,000 Penalty involving the Salem and Beverly and Water Supply Board for Wetlands violations in Topsfield and Wenham. Additional violations involve the Safe Drinking Water Act and Drinking Water Regulations at the water supply canal facility in Topsfield and pumping station in Wenham. MassDEP found that substantial modification work had been performed at the pumping station without proper prior approval. In addition, the replacement of three 30-inch culverts, canal dredging was performed in wetland resource areas designated as estimated habitat without any prior authorization Today's Order settles appeals of a previously issued Unilateral Order and Penalty and requires plans to document rehabilitation work done in 1974. In addition, plans representing current conditions of the site are due including invert elevations of culverts. Such information will support future permitting of maintenance work and prevention of alterations to wetland resource areas. MassDEP has agreed to suspend the entire Penalty pending compliance. 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.

3/29/07: MassDEP executed a Consent Order with South Grafton Water District for Water Supply violations. The District has agreed to bring the Providence Street well into compliance with rules for surface water treatment. The schedule for construction of a filtration system includes interim measures for the operational requirements until the filtration system is operational. This action will ensure that the current 2,800 residents served by this public water supply will continue to receive water that is safe and fit to drink while improvements are made.

3/28/07: MassDEP issued a Demand Letter for a $3,750 in Stipulated Penalties to MSR Enterprises, Inc. for Waste Site Cleanup violations in Chicopee. MSR failed to complete response actions as specified in a previous Consent Order. Located on the banks of the Chicopee River, this site is the former Bay State Refining Co., where in 1990-91 metals and petroleum contamination were found on-site, causing significant impacts to the Chicopee River bank. The source was attributable to the cooling of molten metal slag. This site was purchased by MSR on 9/18/98, and MSR initially completed a number of response actions on-site including the removal of underground storage tanks, removal of petroleum contaminated soils and temporary measures to prevent contact with soils contaminated with heavy metals. MSR had agreed to cleanup deadlines that have not been met. The deadlines for certain actions have been amended several time over five years and MSR has not completed the required work.

3/28/07: MassDEP entered into a Consent Order with a $30,000 Penalty involving RDT Enterprises for Waste Site Cleanup violations at 6 Coleman Avenue in Westfield. RDT failed to comply with a previous Consent Order signed with MassDEP on 7/11/05. At that time, RDT agreed to undertake response actions including the submittal of a Tier Classification and Phase I Report; or a Response Action Outcome Statement; or demonstrate financial inability to conduct response actions by 11/16/06. To date, none of those requirements have been met. The release involves lead impacted soil and chlorinated volatile organic compounds in groundwater. The site was a former woodworking facility that currently houses several small businesses. RDT has been the owner of the site since the 1960s but according to town records, has not paid taxes to the town since 1998. In addition, the owner obtained knowledge of the release 6/10/04, but did not notify the MassDEP until 11/16/04.

3/28/07: MassDEP issued an Unilateral Order to Staffordshire Properties to remove connection to its current on-site water supply at the apartment complex it owns/operates in Leicester. The service must be removed due to elevated levels of radon identified as part of the routine monitoring schedule. An alternate source of water will be provided until the facility installs effective treatment approved by MassDEP in order to reduce radon to levels established by the Office of Research & Standards.

3/28/07: MassDEP entered into a Consent Order with a $9,000 Penalty regarding Herb Chambers of Auburn Inc., for Wetlands violations at its 735 Southbridge Street location. MassDEP determined that activities at the auto dealership resulted in the alteration of bordering vegetative wetlands (BVW). Previously, MassDEP issued a Unilateral Order to the company to cease alteration and develop a restoration plan for approval by MassDEP. The company has now agreed to implement the approved restoration plan (7,500 square feet of BVW) and submit monitoring reports to document the successful re-establishment of wetlands vegetation at the site.

3/27/07: MassDEP issued a $13,942.50 Penalty Assessment Notice to Road Scholar Transportation for Waste Site Cleanup violations in Shrewsbury. Road Scholar (based in Clark Summit, Pennsylvania) failed to notify MassDEP after a release from a 55-gallon drum of Methyl Napthalene #5. In addition, the company initiated response actions without approval and failed to respond to a request for Information in a timely manner. Road Scholar employees punctured the drum with a forklift in the back of a tractor-trailer. It leaked into the back of the tractor-trailer, though the floor and subsequently impacted pavement, a storm drain, and eventually a wetland. After attempts to negotiate with the company failed, MassDEP issued today's Order.

3/27/07: MassDEP executed a Consent Order with a $12,000 Penalty involving Freitas Construction for Asbestos violations in Westfield. The company, which is based in Ludlow, had excavated water lines (pipes) insulated with asbestos and crushed the material before using it as backfill. An investigation by the MassDEP confirmed the allegations and ordered Freitas to hire a licensed asbestos contractor and a licensed consultant to oversee the clean up of the buried asbestos. MassDEP agreed to suspend $6,000 of the Penalty pending compliance over a two-year period.

3/27/07: MassDEP issued a $30,000 Penalty Assessment Notice to Gordon Lauzon for Waste Site Cleanup violations at 847 Main Street in Falmouth. MassDEP also issued a Unilateral Order requiring the submittal of the required cleanup information (a Tier II Classification Extension and the completion of a Comprehensive Site Assessment Report). Lauzon owns the property for which MassDEP had already issued a Notice of Noncompliance on 1/10/06 for Waste Site Cleanup violations, and Lauzon has failed to address the issues of noncompliance.

3/26/07: MassDEP entered into a Consent Order with a $6,610 Penalty involving Murphy's Auto Salvage for Hazardous Waste Management and Groundwater Discharge regulations in Rochester. An inspection of the auto salvage facility by MassDEP found violations in the storage and management of waste oil and violations pertaining to (groundwater discharge) in the existence of floor drains that discharge to an oil/water separator and then to a leach field. The Order establishes an aggressive schedule for correcting the hazardous waste violations, and closing out the floor drains along with an assessment of the leach field. MassDEP has agreed to suspend $5,750 of the Penalty provided the company corrects all the violations and does not violate any of the regulations for one year.

3/26/07: MassDEP entered into a Consent Order with a $6,610 Penalty involving Murphy's Auto Salvage for Hazardous Waste Management and Groundwater Discharge regulations in Rochester. An inspection of the auto salvage facility by MassDEP found violations in the storage and management of waste oil and violations pertaining to (groundwater discharge) in the existence of floor drains that discharge to an oil/water separator and then to a leach field. The Order establishes an aggressive schedule for correcting the hazardous waste violations, and closing out the floor drains along with an assessment of the leach field. MassDEP has agreed to suspend $5,750 of the Penalty provided the company corrects all the violations and does not violate any of the regulations for one year.

3/26/07: MassDEP entered into a Consent Order with a $49,840 Penalty involving Mass Environmental Associate (MEA) for Solid Waste violations at the town of Stoughton's landfill. MEA, of Worcester, is the contracted operator of the Page Street landfill and responsible party for the implementation of a Corrective Action Design ("CAD") permit dated 2/9/04. According to the CAD permit, the landfill was required to be capped by 10/15/04. Numerous violations included: exposed waste, excessively steep side-slopes, inadequate storm water controls, erosion and siltation into abutting wetlands. According to MassDEP's investigation, MEA is no longer involved in the project and as a result, today's Order requires payment of the Penalty from MEA for its role in causing/contributing to the observed past violations.

3/26/07: MassDEP issued a $5,750 Penalty Assessment Notice to Packard Orange Realty Trust for Drinking Water violations in Orange. The Trust constructed condominium units with occupation such that a certification as a public water supply system is required, but has not yet been obtained. Further the Trust has not complied with MassDEP's previously issued Order to take actions to correct the violation and protect public health. An Orange Water Dept water main runs adjacent to the property.

3/26/07: MassDEP executed a Consent Order with Kimball Towers Condominium Association for Waste Site Cleanup violations at 140 Chestnut Street in Springfield. The Association, which owns the multi story residential building, failed to submit a final cleanup statement (Response Action Outcome) by the deadline established in a cleanup (extension) issued by MassDEP. Today's Order establishes a new deadline for submittal of an RAO and contains stipulated penalties for any future noncompliance with MassDEP regulatory deadlines.

3/23/07: MassDEP executed a Consent Order with Americold Logistics for Waste Site Cleanup violations at 159 East Main Street in Gloucester. Walter Metz the Vice President of Americold Logistics, agreed to return the site to compliance, submit Phase Reports and a final outcome statement within the timelines established in today's Order. This enforcement action will lead to the cleanup of PCB's near the surface soils inside a transformer cage. The property is currently operating as a cold-storage facility.

3/23/07: MassDEP entered into a Consent Order with Bassett Boat Company for Wetlands violations in Springfield. Today's Order requires submittal of a site stabilization plan a restoration plan that must be implemented by 6/1/07.
3/22/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving Platinum Car Center, Inc for Waste Site Cleanup violations at, 639 Main Street in Wakefield. Alex Langshteyn, the owner of Platinum Car Center, agreed to return the site to compliance, submit Phase Reports and a final outcome statement within the timelines established in today's Order. This enforcement action will lead to the cleanup of contaminated soil emanating from the removal of underground storage tanks at the site where a release was first reported in 1989.

3/22/07: MassDEP executed a Consent Order with a $7,650 Penalty involving H.M. Nunes Construction for Wetlands violations in East Longmeadow. Construction work resulted in a discharge of sediment to adjacent Bordering Vegetated Wetland Areas (BVW) and impacted 1,200 s. f. of BVW that is designated as Estimated Rare Species Habitat by the Natural Heritage & Endangered Species Program.

3/22/07: MassDEP executed a Consent Order with a $5,000 Penalty involving Peter Sares for Wetlands violations at 849 Main Street in Wilbraham. MassDEP found Sares had begun filling and grading 20 feet of Bank and 0.87 acres of Bordering Vegetated Wetland (BVW) without filing a Notice of Intent with the local conservation commission and MassDEP. In addition to the Penalty, Sares has agreed to full restoration of the impacted wetland and stream areas. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

3/21/07: MassDEP executed a Consent Order with a $28,000 Penalty involving Texon USA for Hazardous Waste Management and Surface Water Discharge violations in Russell. The violations were discovered during the review of the facility's discharge monitoring reports as part of an inspection conducted on 3/1/06. MassDEP also observed hazardous waste management violations. Texon has agreed to correct the violations and to implement process changes to ensure compliance with its industrial wastewater discharge limits. MassDEP has agreed to suspend $14,000 of the Penalty provided Texon complies with all terms of the Order.

3/21/07: MassDEP entered into a Consent Order with a $37,500 Penalty regarding the New England Sand and Gravel Co., for Wetlands violations at its facility off Danforth Street in Framingham. At the request of the Framingham Conservation Commission, MassDEP inspected the site where activities in the buffer zone up to, and within, resource areas, included the stockpiling of large amounts of soil that contained fine silts and clay. As a result, these soils migrated into and altered approximately one thousand square feet of Bordering Vegetated Wetland (BVW) and approximately 10,000 square feet of Bordering Land Subject to Flooding (BLSF). The alteration of BVW also included alteration of a certified vernal pool containing rare species habitat. Today's Order requires full restoration of BLSF, BVW and vernal pool habitat, along with long-term monitoring and reporting. MassDEP has agreed to suspend $7,500 of the Penalty pending compliance on 10/31/11.

3/21/07: MassDEP entered into a Consent Order with a $41,000 Penalty involving Walter Mrozinski for Asbestos and Hazardous Waste management violation at the former Uniroyal complex in Chicopee. In response to a complaint, MassDEP found that Mrozinski allowed individuals to perform work at the complex wherein individuals removed asbestos-containing material and equipment from a building in violation of numerous regulations. The illegal removal activities also caused releases of oil from equipment to the ground. Mrozinski has agreed to comply with all terms of the Order. MassDEP has agreed to suspend a $39,500 of the Penalty.

3/21/07: MassDEP entered into a Consent Order with a $1,000 Penalty involving Val Demelo for Wetlands violations in Fairhaven. A valid Order of Conditions (i.e., a permit) allowed for the construction of a single-family home, but Demelo then changed what had been approved without obtaining an amended Order. This action was taken despite Demelo having previously filed for and obtained an amended Order for other modifications. Demelo has agreed to comply with all terms of the Order or to obtain an amendment for any changes.

3/20/07: MassDEP executed a Consent Order with a $10,000 Penalty involving the City of Salem for Waste Site Cleanup violations at Winter Island Road in Salem. The city failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 5/20/05. In addition to the Penalty, today's Order establishes a deadline for submittal of a Phase II Report by 9/30/07. In addition, a Phase III Report is due by 12/30/07, a Phase IV by 3/30/08, and a final outcome due no later than 12/30/08. MassDEP has agreed to suspend $7,500 Of the Penalty pending compliance.

3/20/07: MassDEP entered into a Consent Order with a $17,250 Penalty involving Putnam Investments, Inc., for Air Quality violations at its One Post Office Square location in Boston. The company installed and operated a 1.25 megawatt sized emergency diesel engine, without receipt of a written approval to do so. Putnam self-disclosed this violation subsequent to a voluntary environmental audit of its facility, and MassDEP invoked (1997) Enforcement Response Guidance Environmental Audit Policy to suspend half the Penalty provided Putnam fully complies with the Order and the underlying regulations over the next year.

3/20/07: MassDEP issued a Unilateral Order to Recycle Technology, LLC, ("Rec-tec") for Hazardous Waste Management violations at its facility in Charlton. MassDEP directed Rec-tec to cease accepting and processing petroleum contaminated soil unless and until local zoning and building inspector enforcement issues are resolved at the property.

3/20/07: MassDEP issued a Unilateral Order to John LoConto for Waste Site Cleanup violations in Spencer. LoConto, who owns an auto salvage facility, has been directed by MassDEP to provide bottled water to residents affected by contamination from his site and to initiate other appropriate Waste Site Cleanup actions.

3/20/07: MassDEP issued a Unilateral Order to Auto Flat Car Crusher, Inc., for Waste Site Cleanup violations in Spencer. Auto Crusher, Inc., of Millis, former operator of a car crushing business located on the site of the LoConto auto salvage facility in Charlton has been directed to continue to provide bottled water to residents affected by contamination from the site and to take other necessary actions. 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.

3/19/07: MassDEP executed a Consent Order with a $4,200 Penalty involving August Brothers Oil, Inc (aka Tank-a-Way) for Hazardous Waste Management violations at 2 Shawsheen Road in Boston. MassDEP found the violations during a multi-media inspection including transportation of waste oil without a transporters license (Class I), improper registration for waste oil, open containers, improperly labeled containers, no delineation of waste storage area, missing emergency telephone list as well as no logs of weekly inspections of the hazardous waste storage area. In addition no training plan for employees in hazardous waste handling. In addition to the Penalty, August Brothers has agreed to correct all violations.

3/19/07: MassDEP issued a $25,076 Penalty Assessment and a Unilateral Order to J.P. Oil, Inc. for Air Quality and Hazardous Waste Management violations at its Jamaica Plain location in Boston. The company - d/b/a J. P. Metro Auto Service - is a gasoline dispensing and auto service station that has failed to comply with Stage II (vapor recovery) and management of hazards. The company has already failed to respond to a May 2005 Notice of Noncompliance and failed to respond to another MassDEP enforcement letter in July 2005. An inspection of the facility on 5/31/06 revealed the facility is in noncompliance with both the Stage II Vapor Recovery and Hazardous Waste regulations. MassDEP has made extensive efforts to resolve the matter before taking today's action. 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.

3/19/07: MassDEP executed a Consent Order with a $7,500 Penalty regarding SCP Family Limited Partnership for Wetlands violations on Southold Road in Auburn. MassDEP found that land clearing for agricultural purposes on property owned by the partnership resulted in silt-laden runoff discharge. The impacts included down gradient streams, the Blackstone River and it's associated flood control aqueduct in Worcester and Auburn. Today's Order requires adequate erosion and sedimentation controls be maintained at the site and monitored to prevent any further sedimentation. A portion of the Penalty ($5,625) will be suspended pending completion of a Supplemental Environmental Project (SEP). Under this SEP, Mass Audubon Society will receive assistance from SCP for implementation of an outreach project to assist homeowners and small farms with management of storm water runoff to reduce or eliminate pollutants carried to the Blackstone River. This action will result in protection of down gradient water bodies and wetlands from sedimentation damage.

3/19/07: MassDEP entered into a Consent Order with a $10,000 Penalty involving E.B. Luce Corporation for Waste Site Cleanup violations in Worcester The company failed to report a release of oil from two (2) above-ground storage tanks (275 gallon capacity) within 2 hours of discovery and failing to take immediate cleanup actions. Approximately 100 cubic yards of contaminated soils were excavated and removed from the site with the source of contamination eliminated. The company has agreed to conduct a Supplemental Environmental Project (SEP), in which laminated emergency planning maps will be produced for the Worcester Emergency Management Agency and the Worcester Fire Department. These maps will allow for more efficient responses to future environmental emergencies and will result in added protection to the environment. The company will pay $2,971.27 with the remainder of the Penalty ($7,028.73) suspended pending completion of the SEP.

3/19/07: MassDEP issued a Unilateral Order to North Acton Treatment Corporation for Water Pollution Control violations in Acton. Today's Order requires immediate actions to repair the Nonset Path and Durkee Road Pump Stations. Malfunction of the Durkee Road station has resulted in two separate overflow events. The plant must conduct daily inspection of the pump stations until further notice, repair and replace all nonfunctioning components including alarms and pumps, and make staffing arrangements in order to maintain 24-hour emergency notification of a pump station malfunction. This action will prevent future overflow events and allow wastewater to be pumped to the treatment facility for proper treatment.

3/19/07: MassDEP entered into a Consent Order with an $18,290 Penalty involving Thermal Circuits, Inc. for Hazardous Waste Management and Air Quality violations at its 1 Technology Way facility in Salem. During a multi-media inspection of the facility, MassDEP found hazardous waste and air quality violations such as improperly labeled containers, lack of training, inadequate aisle spacing and operating without approval as a source of emissions of Volatile Organic Compounds (VOCs) and Hazardous Air Pollutants (HAPs). The company has agreed to correct all violations and MassDEP has agreed to suspend $5,750 of the Penalty.

3/19/07: MassDEP executed a Consent Order with Independent Taxi Company for Waste Site Cleanup violations at its 223 Albany Street facility in Boston. The company failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 12/27/06. Today's Order establishes a deadline of 11/30/07 for the company to submit a Phase I Report and a Tier Classification Submittal or a final outcome (Response Action Outcome) statement. Today's Order also contains a provision for stipulated penalties for any missed ACO deadlines.

3/15/07: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Planpow Realty Corp., for Wetlands violations at the Heritage Village Country Club in Charlton. MassDEP inspected and observed construction of a fire pond within a wetland on the property. Removal of trees, shrubs and ground cover along with the removal, fill and dredging of bordering vegetative wetlands and stream bank. The owners had neither notified nor obtained approval from the local conservation commission prior to conducting these activities. Previously, MassDEP issued a Unilateral Order to cease-and-desist, stabilize the site and hire a wetlands specialist to determine the extent of damage and prepare a restoration plan. The company met those conditions, and has agreed to the penalty. Also, the company has agreed to a schedule that will restore the wetlands (approx. half and acre of bordering vegetative wetland and 250 linear feet of stream bank).

3/15/07: MassDEP issued fourteen (14) Notices of Noncompliance to Public Water Supply systems for failing to submit Drinking Water monitoring results. The violations in the 2006 fourth quarter (Oct-Dec) monitoring period included failure to monitor for various water quality contaminants including total coliform (bacteria), nitrates, lead and copper and follow-up testing. Those that received the NONs included, two (2) community systems, three (3) non-transient non-community systems (one school and one daycare); and nine (9) transient non-community systems.

3/15/07: MassDEP entered into a Consent Order with a $1,750 Penalty regarding Ledgecrest Inc., for Wetlands violations at Arboretum Estates in Worcester. MassDEP inspected the residential subdivision site where silt-laden runoff from soils discharged to a stream and bordering vegetated wetlands (BVW) due to inadequate erosion controls. Previously, a Unilateral Order was issued that required stabilization of the area and placement of proper erosion controls. In addition to the Penalty, and complying with all terms of the Order, Ledgecrest has also agreed to a Supplemental Environmental Project (SEP). This SEP will provide funding to the Blackstone River Coalition to support a Stormwater and Low Impact Development Outreach Program.

3/15/07: MassDEP issued a Unilateral Order to Fontaine Brothers, Inc., for Wetlands violations in Rutland. The company failed to control erosion from their project at the Glenwood Elementary School in Rutland. Soils from the project eroded and impacted a stream and wetland off the site. Today's Order requires immediate site stabilization and for the company to hire an erosion control specialist to implement the placement of erosion controls. The Order also requires an evaluation of impacts and restoration plan.

3/15/07: MassDEP executed a Consent Order with an $18,500 Penalty involving Superior Abatement, Inc. for Asbestos violations at Saint Vincent's Hospital in Worcester. MassDEP inspected an ongoing abatement project by the company (a licensed asbestos contractor) in September 2006 and found several breaches in the containment work area and evidence of asbestos-containing mastic remover located in an unsealed sanitary drain. The pipe leading from the drain had been capped enabling the contents to be pumped out and properly disposed of along with the contaminated section of pipe.

3/14/07: MassDEP issued two (2) Unilateral Orders to Holland Company for violations of the Wetlands Protection Act and the Clean Water Act in Adams. The company has been ordered to cease the discharge of aluminum sulfate (alum) to an unlined ditch and stream that occurred as a result of a release at the site. The discharge and deposition of alum impacted 400 feet of an intermittent stream. Today's Order requires the company to: prevent the pollutant from further entering the streams; undertake remedial action to remove the pollutant from the stream; and, provide a report to MassDEP by 3/23/07. Regional Emergency Response and BWP staff responded to the release, which discharged to the ground and into an intermittent stream.

3/12/07: MassDEP entered into a Consent Order Paul and Terry Les, Inc. (d/b/a Route 20 Batting Cages) for Water Supply violations in Palmer. The Order addresses Route 20 Batting Cage's status as a public water system. The Order ensures necessary oversight and monitoring will occur, and that an affidavit attached to the deed will reflect the presence of public water supply activities and source.

3/12/07: MassDEP executed a Consent Order with a $7,500 Penalty regarding Sterling Concrete, Inc., for Air Quality, Industrial Wastewater and Hazardous Waste Management violations in Sterling. The company discharged wastewater from washing truck exteriors, engines, wheels, and drum interiors to the ground and also installed and operated an air emission unit without approval (source has potential for particulate matter that is greater than one ton but less than five tons). Additionally, the company failed to notify MassDEP of its activity involving the generation and accumulation of waste oil. MassDEP inspected the facility in March 2006. In addition to the Penalty, the company is required to obtain an permit for control of particulate from its operations, and will pay double the permit fee and three years of back compliance fees.

3/12/07: MassDEP executed a Consent Order with a $575 Penalty involving Shaw Glass for Industrial Wastewater violations at its Easton facility. The company failed to have a certified operator for the Industrial Wastewater Treatment Facility. Shaw Glass has a state-issued groundwater discharge permit for its treated effluent. In addition to the Penalty, Shaw has remedied the non-compliance.

3/12/07: MassDEP executed a Consent Order with a $30,000 Penalty regarding Commonwealth Tank, Inc., for Waste Site Cleanup violations at 84 New Salem Street in Tewksbury. The company, which is based in Wakefield, failed to notify a reportable release to MassDEP. In this instance, an Immediate Response Action Plan in an expeditious manner was required. The company failed to manage remediation waste, waste oil and hazardous waste accordingly. MassDEP has agreed to suspend $15,00 of the Penalty pending full compliance with all terms of the Order.

3/12/07: MassDEP entered into a Consent Order with a $7,500 Penalty involving Sterling Concrete, Inc. for Air Quality, Industrial Wastewater and Hazardous Waste Management violations at its Sterling location. The company discharged the runoff from washing truck exteriors, engines, wheels and drum interiors to the ground and also installed and operated an air emission unit (>1 ton and <5 ton potential of particulate) without an approval. Additionally, the company failed to notify MassDEP of its activity involving the generation and accumulation of waste oil. MassDEP discovered the violations during inspections in March of 2006. In addition to paying the penalty the company is required to submit for approval its Air Quality plan for the control of particulate from its operations and pay double the permit fee and three years of back compliance fees.

3/12/07: MassDEP entered into a Consent Order with the City of Cambridge for Water Supply violations at its treatment plant. The city replaced potassium hydroxide feed pumps at its Fresh Pond Water Treatment Plant with larger pumps without MassDEP approval. In addition to addressing the failure, the city has agreed to a Supplemental Environmental Project (SEP). The SEP involves the preparation and implementation of a training session for municipal water supply staff on laboratory procedures for process control, and process optimization, of the City's water treatment systems.

3/10/07: MassDEP executed a Consent Order with a $10,000 Penalty involving United Water, LLC for Air Quality violations at the wastewater treatment plant in Agawam. On 6/26/06, the company notified MassDEP that its regenerative thermal oxidizer (RTO) had been below the required combustion chamber temperature range of 1350-1500°F for three years due to gas-burner deficiencies. The company has worked cooperatively to correct its burner since reporting the problem.

3/9/07: MassDEP executed a Consent Order with CKA Restaurant Group for Water Supply violations at its Oyster Cabin restaurant in Uxbridge. The company has agreed to a schedule for the development of a fully compliant public water supply at this 785 Quaker Highway establishment. The restaurant will operate the water supply in accordance with the requirements of a registered source. In addition the company will apply for the appropriate permits and conduct an inspection of the on-site septic system and agrees not to expand or modify the existing use without further approvals. Today's Order will ensure the quality of water being served to the public. Under state regulations, the restaurant serves as a public water supply - transient non-community public water supply source.

3/9/07: MassDEP issued a declaration of a water emergency in response to a petition by the Erving Paper Mills, Inc. in Erving. The public water system needed to shut down its one functioning well for needed maintenance and will use an approved drinking water hauler for its water during the emergency period. The re-routing of Route 2 has temporarily disrupted the public water system facility and operations. A replacement well is not currently available, and the shut down was timed to take effect as of 3/13/07.

3/9/07: MassDEP agreed to a Consent Order with a $1,500 Penalty involving Mark & Cynthia Love for Wetlands violations at Richards Avenue in Paxton MassDEP observed grading and filling within the wetlands buffer zone. The activities were associated with construction enhancements to a horse stable on the property and had been carried out without any notification or approval. Under today's Order, changes in drainage, and construction of a berm between the horse riding ring and an intermittent stream on the property will be undertaken in order to promote infiltration of runoff and prevent downstream impacts. The owners also agreed to provide restoration to an impacted wetland resource (1,600 square feet of bordering vegetated wetlands) on the property to satisfy a variance on record with the Department of Conservation and Recreation. The Order also includes a Supplemental Environmental Project (SEP) that provides funding to the Massachusetts Association of Conservation Commissions for the development and implementation of a workshop. The workshop will address common horse management issues that are likely to occur when horses are stabled in close proximity to wetland resources.

3/8/07: MassDEP executed a Consent Order with Peabody Waste Material Corp., for Waste Site Cleanup violations at 27 Caller Street in Peabody. Today's Order is for failure to meet submittal deadlines set out in a Notice of Noncompliance issued on 11/24/06 and establishes a new deadline of 11/30/07 for submittal of a Phase I Report and a Tier Classification. Today's Order also contains a provision for stipulated penalties for any missed deadlines.

3/7/07: MassDEP issued a $38,625 Penalty Assessment Notice to Alberto Martinez for Asbestos violations at the Waste Management handling facility on Old Boston Road in Wilbraham. Waste Management representatives reported that they found what they suspected to be asbestos in a dumpster that had been rented to contractors working at Martinez's rental property in Holyoke. The dumpster was found to contain broken pieces of transite siding as well as boiler components with asbestos residues on them.

3/6/07: MassDEP entered into a Consent Order with a $690 Penalty involving Paul Clark, Inc., for Hazardous Waste Management violations at the company's Brockton facility. A multi-media inspection by MassDEP found violations, including: the company failed to notify as a large quantity generator of waste oil, failed to register as a Class A waste-oil recycling activity and was not in compliance with certain waste management and recordkeeping requirements. The company has agreed to comply with all the terms of the Order.

3/6/07: MassDEP entered into a Consent Order with 31 Merrimack Street (owner Aleberto Nunez) for Waste Site Cleanup violations at the aforementioned property in Lawrence. Today's Order includes timelines for submittal of Phase Reports and final outcome (Response Action Outcome). This site was first reported in1987. Today's enforcement action will lead to the cleanup of contaminated groundwater and soil emanating from the removal of ten underground storage tanks at the site. Clean-up of this site will protect the canal leading to the Merrimack River (a source of surface-water supply) from being threatened with contamination.

3/6/07: MassDEP entered into a Consent Order with the town of Dudley for Waste Site Cleanup violations. The town has agreed to establish schedule for the completion of assessment and cleanup of petroleum contamination at its former Highway Department and Water Department properties on West Main Street. MassDEP investigated both properties due to their location in the (protective) Zone II of the municipal water supply wellfield. A prior Administrative Consent Order had been executed for the Highway Department site, and this recent action amends that order to allow the town additional time to complete the cleanup. The Orders require completion of the required work at these sites by June 2008.

3/6/07: MassDEP executed a Consent Order with Fentoon McLaughlin Trust for Waste Site Cleanup violations at 250 Washington Avenue in Winthrop. Today's Order is for failure to meet submittal deadlines set out in a Notice of Noncompliance issued on 11/22/06 and establishes a new deadline of 10/1/07 for submittal of a Phase I Report and a Tier Classification. Today's Order also contains a provision for stipulated penalties for any missed deadlines.

3/5/07: MassDEP issued a $38,800 Penalty Assessment Notice to Christopher St. John for Asbestos disposal violations in Pittsfield. St. John of Cypress Lane in Pittsfield is alleged to have illegally dumped regulated asbestos-containing material (transite siding) at a residential site on Madison Avenue in Pittsfield.

3/5/07: MassDEP entered into a Consent Order with Carl's Auto (and Thomas Conn) for Groundwater Discharge and Hazardous Waste Management violations in Bridgewater. Conn is the owner of the property where Carl's - an auto repair and used car lot - is located. MassDEP inspected the site on 9/20/06 and identified violations of the state hazardous waste regulations pertaining to storage and management of waste oil, and violations of the groundwater discharge regulations and pertaining to a floor drain (underground injection control regulations). Today's Order establishes an aggressive schedule for correcting the hazardous waste violations, and closing out the floor drain including assessing the drainage area, in accordance with the regulations.

3/5/07: MassDEP entered into a Consent Order with a $25,000 Penalty involving David C. Tombarelli, trustee of Pacific VII Realty Trust, for violating the Massachusetts Hazardous Waste Management Act in Lawrence, specifically, illegal disposal of hazardous waste. In May 2006, MassDEP's Strike Force found multiple containers of hazardous waste and oil were found hidden in trash bags on Franklin Street in Lawrence, in front of a building owned by Tombarelli. MassDEP's Emergency Response contractor responded and removed the hazardous waste. Tombarelli ultimately agreed to accept responsibility for the cleanup costs and hire an environmental consultant to conduct cleanup as required. MassDEP has agreed to suspend $10,000 of the Penalty.

3/5/07: MassDEP entered into a Consent Order with a Anil Kumar for Waste Site Cleanup violations at 11 School Street in Chelmsford. Kumar is trustee of Pondview Place Trust, the owner of the property. MassDEP initiated enforcement for failure to meet submittal deadlines established in a Notice of Noncompliance issued on 11/29/06. Today's Order establishes a deadline of 6/30/07 for submittal of a Phase I report and a tier classification. In addition, the Order contains a provision for stipulated penalties for any missed deadlines.

3/5/07: MassDEP executed a Consent Order with Stanley Brown for Waste Site Cleanup violations at 418 Mohawk Trail in Florida. As owner of the property, Brown operates a gasoline filling station and auto repair shop here for many years. Violations were for failure to submit a Phase IV completion report and a Response Action Outcome (RAO) by the required deadlines. Today's Order establishes a new deadline for submittal of the Phase IV completion repot or RAO. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for future noncompliance with MassDEP deadlines.

3/2/07: MassDEP entered into a Consent Order with a $30,000 Penalty, owner of 16 Scotia Street in Salem for Waste Site Cleanup violations. The site is in a residential area of Salem and is being developed for residential use. The violations were for failure to submit an Immediate Response Action (IRA) status or completion statement, and either a Phase I report or a Response Action Outcome (RAO) by the deadlines established in the regulations (Massachusetts Contingency Plan). Today's Order requires an IRA completion statement and either a Phase I report or an RAO statement no later than 7/1/07. MassDEP has agreed to suspend $15,000 of the Penalty pending compliance with all terms of the Order.

3/2/07: MassDEP issued a $69,250 Penalty Assessment Notice to E-Y Construction and Development, Inc., for Asbestos violations at 22 Price St. and 58 Beach Street in Quincy. MassDEP initially responded to a compliant from the City of Quincy regarding friable asbestos insulation on the ground beside a dumpster at Price Street. Subsequent investigation by MassDEP and the City led to 58 Beach Street site, where additional asbestos contaminated materials were located in the driveway. E-Y Construction was unresponsive to information request from MassDEP after the initial enforcement. This failure to respond led to the issuance of today's penalty.

3/2/07: MassDEP issued a Boil-Water Order to the City of Woburn. A February 28 sample from a water storage tank tested positive for E. coli. Repeat samples collected on March 1 tested positive for total coliform bacteria, prompting the Boil Water Order. An inspection of the storage tank found that the roof had corroded in places, allowing birds to enter. The tank was valved off from the water system until repairs are made and the tank is properly disinfected. The city will temporarily increase the addition of chlorine within acceptable limits in order to provide the proper disinfection in the water distribution system. The Massachusetts Water Resources Authority brought in a portable chlorination unit to apply additional chlorine near the storage tank. The Boil Water Order was terminated on March 4.

3/2/07: MassDEP entered into a Consent Order with a $31,000 Penalty regarding William Ellingwood as Trustee of Ellingwood Realty Trust, for Waste Site Cleanup violations at145 Meadow Street in Framingham. William Ellingwood, as lead trustee, had agreed to submit Phase II and Phase III Reports within the deadlines established by MassDEP in a Notice of Noncompliance on 8/30/05. In addition to paying $10,000 of the Penalty, Ellingwood has now agreed to new deadlines that have been established to return the site to compliance with the submittal of all of the Phase Reports, and a final outcome statement by 8/11/08. MassDEP has - in turn - agreed to suspend $21,000 of the Penalty pending compliance.

3/2/07: MassDEP executed a Consent Order with a $2,000 Penalty involving 37-43 Melrose Street Realty Trust for Waste Site Cleanup violations at the aforementioned property in Lawrence. Trustee, Edgar Martinez agreed to address the violations including failure to meet submittal deadlines previously established on 9/18/06. Today's Order establishes a deadline of 12/31/07 for submittal of a Phase II Report and a final outcome (Response Action Outcome) by 12/31/09. The Order also contains additional or stipulated penalties for missed deadlines.

February 2007

22/28/07: MassDEP issued a $2,000 Penalty Assessment Notice to Sonny Boy Transport, Inc., for Waste Site Cleanup violations in Springfield. The company - which is based in Weston, Florida - failed to document the completion of response actions and comply with previously sent Notices involving the release and cleanup of fuel oil to pavement and catch basins along Columbus Avenue in Springfield. The release occurred on 10/16/03, when a fuel tank crossover hose ruptured on a truck owned and operated by the company. The release resulted in threats to businesses along Columbus Avenue and potential impacts to the nearby Connecticut River. Subsequent to issuing the company a Notice of Responsibility, MassDEP sent several letters to Sonny Boy, reminding them of their obligation to submit appropriate documentation regarding completion of response actions. The company failed to respond and MassDEP issued a Notice of Noncompliance in 2005. While there were cleanup actions taken on-site to address the release, there has been no response by the company or attempts to document the cleanup responses or demonstrate that a final outcome (i.e. no further action) has been achieved.

2/28/07: MassDEP entered into a Consent Order with NIC VAN Realty Trust for Waste Site Cleanup violations at 103 High Street in Danvers. MassDEP audited the Trust's claim of Downgradient Property Status (DPS) for this property and found noncompliance issues. Today's Order establishes deadlines to complete response actions at the site, including a new deadline to submit a Tier Classification and Phase I (Cleanup) Report, and a stipulated penalty of $250 per day for any violation of the provisions of today's Order.

2/28/07: MassDEP entered into a Consent Order with a $36,500 Penalty involving Sawyer Enterprise, Inc. for Wetlands violations at the Bradford Ski Area in Haverhill. The violations were initially discovered through aerial photography as part of MassDEP's "Wetland Change Initiative." An on-site inspection at South Cross Road by MassDEP later confirmed that three areas on the site (totaling 58,072 square feet) were impacted. In one area, a wooded swamp was converted to lawn, and the others inappropriate management practices resulted in fill and/or encroachment near parking and maintenance facilities. Prior to this, there had not been any request for work in the area, or authorization to conduct these activities. Today's Order requires full restoration of the areas and long term monitoring. MassDEP has agreed to suspend $16,500 of the Penalty pending full compliance by 10/31/12.

2/27/07: MassDEP entered into a Consent Order with a $1,720 Penalty regarding the town of Wayland for Water Supply violations. The Town did not collect and report lead and copper samples for two schools within the timelines required by a January 2006 Notice of Noncompliance. Under today's Order the town agreed to collect a new round of lead and copper samples between June and September 2007 and issue a Public Notice to its customers of the violations. MassDEP has agreed to suspend the entire $1,720 Penalty pending compliance.

2/27/07: MassDEP entered into a Consent Order with a $13,000 Penalty regarding Southwick Motocross 338 for Wetlands violations in Southwick. MassDEP found construction of an access road to the facility from Powder Mill Road was conducted without notification or approval. The work impacted approximately 1/2 an acre of Bordering Vegetated Wetland. The violation was identified as through the review of aerial photographs and later confirmed by an on-site inspection. Today's Order requires the company to fully restore all impacted wetland area. MassDEP has agreed to suspend $6,500 of the Penalty pending compliance.

2/27/07: MassDEP entered into a Consent Order with a $220,000 Penalty involving Helen McCarthy for Wetlands, Solid Waste and Hazardous Waste Management violations on her property near the Saugus River along the Saugus/Lynnfield border. The Massachusetts Environmental Strike Force and wetlands officials inspected the 72-acre parcel of land and found numerous violations surrounding the business operations of the owner's son, James McCarthy. Ms. McCarthy is required to hire a wetlands consultant, and restore and replicate the Bordering Vegetated Wetland areas ("BVW"), riverfront areas, and buffer zones. Today's Order also requires Ms. McCarthy to hire a professional engineer to assess the site for the purpose of closing or removing all solid waste disposal areas and to properly dispose of any asbestos containing material. MassDEP has agreed to suspend 70,000 of the Penalty pending full restoration and submittal of monitoring reports.

2/26/07: MassDEP executed a Consent Order with a $5,000 Penalty involving Francis M. Castrichini for Wetlands violations at Hosley Road in Gardner. Through the use of aerial photography, MassDEP found Castrichini working in a buffer zone without a permit as well as altering a Bordering Vegetative Wetland (BVW) and riverfront area on his property. Under today's Order Castrichini agreed to hire a wetlands specialist to identify the wetlands boundary and submit a restoration plan for approval. Completion of this project will result in restoration of one half acre of BVW and one half acre of riverfront area.

2/23/07: MassDEP entered into a Consent Order with Cherry Hill Farm for Water Supply violations in Stockbridge. The Farm, which functions as a public water system, serves a number of homes in Stockbridge. The owner of this system has agreed to a schedule whereby the system will either reduce the number of connections to a level below the public water system threshold, or fully comply with all drinking water requirements for a public water system.

2/23/07: MassDEP executed a Consent Order with an $11,500 Penalty involving William F. Wendt, III and Julie A. Wendt for Wetlands violations at 102 Main Street in (Byfield) Newbury. The violations were initially discovered through aerial photography and later confirmed during an on-site inspection by MassDEP. A total of 6,950 square feet of Bordering Vegetated Wetland ("BVW") was filled behind the Wendt single-family residence to make additional property usable. The work was performed without any notification or authorization. Today's Order requires full restoration of the BVW, long term monitoring. MassDEP has agreed to suspend $9,500 pending full compliance by 10/31/12.

2/23/07: MassDEP entered into a Consent Order with a $2,500 Penalty involving the Town of Boxford for Water Supply violations at its Police Station. The Town owns a non-community public water system that provides water to the police station and town offices. The water system violated the Maximum Contaminant Level (MCL) for arsenic, as the average of four quarterly samples in 2006 exceeded the MCL. The town constructed arsenic-removal treatment under a previous Consent Order, but the treatment system was failing to reduce the arsenic level. Boxford has not sampled and maintained the system in accordance with MassDEP's permit approval for its construction. Under the terms of today's Order, the town will conform to the permit approval requirements and will evaluate the treatment system, with a schedule for implementing any needed improvements

2/23/07: MassDEP entered into a Consent Order with a $5,000 Penalty involving Sherborn Crossing, LLC, for Title 5 (septic system) and Water Supply violations at 19-23 North Main Street in Sherborn. Sherborn Crossing is a commercial and office building located in downtown Sherborn and has a well that serves the public. This well does not have sufficient Zone I (a protective zone), and there is no place on the property where a compliant well can be built. The septic system is within the current Zone I of the well. Sherborn Crossing did not apply for the necessary Title 5 variance. Under today's Order, Sherborn Crossing will install ultraviolet disinfection of the water supply, hire a Certified Operator, and do extra water quality monitoring. Sherborn Crossing is also required to limit the septic system design flow to the existing septic system, perform water tightness testing of various portions of the existing septic system, and apply for a Title 5 variance.

2/22/07: MassDEP issued a Consent Order to the City of Fitchburg to establish a schedule for the design and construction of interim upgrades to the Easterly Wastewater Treatment Facility. Under the terms of today's Order, the city will upgrade its grit removal system, thus providing protection to the treatment process equipment from excessive grit accumulation. The action will serve as the first component of an upgrade to be implemented under a long-range agreement the city is negotiating with the federal EPA and MassDEP to correct ongoing violations to the City's discharge (NPDES) permit. This action will also result in an improvement to the quality of the treated water discharged from the plant into the Nashua River.

2/22/07: MassDEP executed a Consent Order with a $10,610 Penalty involving Yankee Nuclear Power Station for Wetlands violations in Rowe. Yankee Atomic Electric will correct any site remedial work that caused erosion and discharge of sediment to adjacent Sherman Reservoir. Today's Order requires that Yankee Atomic ensure that all further work be done under stable site conditions and without additional discharges to protected areas in compliance with a local Order of Conditions issued for the project and a Section 401 Water Quality Certificate.

2/22/07: MassDEP issued a Unilateral Order to S & R Corporation for Wetlands violations at its 706 Broadway Street property in Lowell. MassDEP received photographs and a complaint from a U.S. Park Ranger at the Lowell National Historical Park Law Enforcement Division describing a front-end loader removing sediment/soil-laden snow from this location and dumping it into the waterway of the Pawtucket Canal in two locations. MassDEP confirmed the presence of the snow piles containing silt and soils in the Pawtucket Canal waterway that is considered Land Under a Waterway ("LUW"). No WPA filings were made or authorization given for the activity. The activity was also performed in non-compliance with the provisions of the MassDEP "Snow Disposal Guidance." Today's Order requires S & R Corp. to immediately cease and desist all activity at the site that is in violation of the regulations.

2/22/07: MassDEP entered into a Consent Order with a $12,250 Penalty involving William Eaton for Wetlands violations at 81 Rabbit Road in Salisbury. Eaton is trustee of 81 Rabbit Road Realty Trust, the owner of the property. After receiving a complaint, MassDEP found Eaton had recently purchased the property and was in the process of filling Bordering Vegetated Wetland (BVW) in order to "reclaim" the land and build a house. Without having filed any prior notification, 2,500 square feet of BVW had been filled by Eaton prior to MassDEP's Order to cease. Today's Order requires restoration of the BVW, long term monitoring. MassDEP has agreed to suspend $9,250 of the Penalty pending compliance by 10/31/12.

2/20/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving Atlas Engineering and Maintenance Co. of Boston for Asbestos violations at Franklin Hill housing project also in Boston. Atlas, a licensed asbestos removal company, was conducting an asbestos abatement and demolition project at the site when MassDEP staff observed Atlas personnel improperly handling asbestos containing waste materials at the site.

2/16/07: MassDEP executed a Consent Order with a $20,000 Penalty involving Gail Lucier, President, of Peachtree Design Group for violating conditions of an Enforcement Order and Order of Conditions in Easthampton to restore Bordering Vegetative Wetland (BVW). Today's Order requires restoration of impacted areas (approx. half an acre) and compliance with the initially approved plan. MassDEP has agreed to suspend $10,000 of the Penalty pending compliance.

2/16/07: MassDEP issued an Order to the Court Appointed Receiver for Evergreen Mobile Home Park in Warren relative to compliance with Water Pollution Control (septic system) requirements. MassDEP required the Receiver to plug the outlet to the septic tank serving several units and to pump the tank so as to prevent the discharge of septage to the surface of the ground. MassDEP had been notified in connection with a report of discharge from the system to the surface. Massachusetts Department of Public Health is also involved in the response to the complaint.

2/16/07: MassDEP issued a Boil Water Order to the Whitinsville Water Company in Northbridge. MassDEP was notified that part of the company's distribution system had lost significant pressure as the result of a water-main leak. The leak was found and isolated, however the loss of pressure was significant in this low-pressure area of Whitinsville's distribution system and affected approximately 1,800 customers. To mitigate the potential for cross-connection contamination the Order to Boil Water was issued to the company, directing it to provide immediate public notice and restore service. The Order was terminated the next day when bacteria sampling application of chlorine residual and good water quality was demonstrated.

2/16/07: MassDEP issued a Boil Water Order to the City of Methuen. A 14-inch water main broke on Friday evening, resulting in the loss of approx. 3.5 million gallons of water from a storage tank, flooding several homes and causing a loss of pressure in much of the city's east-pressure zone. MassDEP was notified and verbally issued a Boil Water Order at 10:15 PM. The main break was isolated and valved off. Water pressure was restored on Saturday by feeding water from the west pressure zone to the east. The Boil Water Order was terminated on 2/19/07 after test results demonstrated the presence of safe water quality.

2/15/07: MassDEP entered into a Consent Order with an $40,000 Penalty regarding Papaco Realty Trust for Wetlands and Solid Waste violations at 459 Highland Avenue in Salem. The trustees - Dana Wegryzyn (nee, Dana Fiore) along with Nicholas P. Fiore, III, Anthony M. Fiore, signed as beneficiaries of the trust agreeing to the terms. MassDEP inspected the site at the request of the Salem Board of Health and found the property being rented out and used by various commercial entities including landscaping and trucking companies. Use of the property resulted in various solid waste violations including deposition of solid waste such as landscape debris, on the Bank and in portions of Bordering Vegetated Wetland (BVW) along a stream flowing through the property. Today's Order requires evaluation, removal and proper disposal of all solid waste on the property in addition to restoration of 50 linear feet of Bank and 1,000 square feet of BVW. Also required is long term monitoring. MassDEP has agreed to suspend $32,000 of the Penalty pending two years of full compliance with the Order.

2/15/07: MassDEP entered into a Consent Order with a $500 Penalty Ralph Traniello for Wetlands violations at 33 Pines Road in Revere. Today's Order requires Traniello to restore the ability of coastal floodwater to flow through an addition built on his house. Traniello allowed work in non-compliance with requirements for Land Subject to Coastal Zone Flowage on a Barrier Beach. In addition to the payment of the Penalty, Traniello will retrofit the foundation on this addition with significant "flow through" passages, and prevent refracted floodwater from coastal storms to damage life and property.

2/15/07: MassDEP entered into a Consent Order with a $20,370 Penalty involving William Marsden for Wetlands violations at 39 Deep Run in Cohasset. In response to a complaint from a neighbor, MassDEP inspected the site and found that 4,098 square feet of Bordering Vegetated Wetland (BVW) had been filled on the site in non-compliance with an Order of Conditions issued by the Cohasset Conservation Commission. The local con-com had allowed for drainage improvements to the residential property but the actions taken were in violation. Today's Order requires restoration of the filled wetland and long term monitoring. MassDEP has agreed to suspend $19,370 of the Penalty pending compliance by 10/31/07.

2/15/07: MassDEP entered into a Consent Order with Garlock Printing & Converting Corporation for Industrial Wastewater violations in Gardner. This large printer failed to have a licensed wastewater treatment plant operator to oversee the operation of their industrial wastewater treatment system.

2/15/07: MassDEP entered into a Consent Order with a $700 Penalty regarding Harodite Industries for Air Quality violations at 66 South Street in Taunton. MassDEP conducted a multi-media inspection and found the facility had not complied with the requirements for maintaining the smoke density-sensing instrument's audible alarm on their boiler. The facility has agreed to correct the violation.

2/15/07: MassDEP entered into a Consent Order with a $4,300 Penalty involving Dennis K. Burke, Inc. for Air Pollution Control (vapor recovery) violations during gasoline delivery to a facility in West Boylston. An employee of the company - which is based in Chelsea - failed to connect Stage I vapor recovery hose during delivery. In addition to the Penalty, the company must provide all employees involved in the transportation and handling of petroleum, a training course that demonstrates the impacts of gasoline vapors on air quality.

2/15/07: MassDEP executed a Consent Order with a $6,500 Penalty involving the town of Littleton and its Water Department for Wellhead Protection violations. Under today's Order, the town will amend zoning bylaws to assure protection of the groundwater around the public water supply wells and install a permanent disinfection system at the Whitcomb Avenue wells. A permit application for the system has been approved, and the town has agreed until further notice to conduct disinfection of the water supply.

2/15/07: MassDEP entered into a Consent Order with a $16,000 Penalty involving P.J. Keating, Inc for Wetlands violations at a Leominster Road facility in Lunenburg and Shirley. MassDEP and the Shirley Conservation Commission conducted an inspection of the facility and observed that stone dust from Keating's rock quarrying operation was being discharged from a stockpile area due to inadequate erosion controls. Sedimentation of the stone dust was observed deposited in wetland resource areas on/off the property line in the towns of Shirley and Lunenburg. After MassDEP issued a Unilateral Order to the company halting the work until proper erosion controls were put in place, the company complied. Under today's Order, a portion of the Penalty will go towards a Supplemental Environmental Project (SEP). The details of this SEP involve providing funding for the development with the Town of Shirley and the Mass Audubon Society certain baseline data for property that is currently under conservation restriction. This SEP will assist the Town with protection and management of natural resources and wetland resource areas on these properties.

2/13/07: MassDEP executed a Consent Order with the city of Lowell for continued Waste Site Cleanup violations at the Stoklosa Middle School Project, located at 290-294 School Street & 225 Mt. Vernon Street. The city failed to meet submittal deadlines set out in an amended Notice of Noncompliance issued on 12/19/05. Today's Order establishes a deadline of 3/1/07 for submittal of a Release Abatement Measure Status Report or a Release Abatement Measure Completion Report, and 6/28/07 for submittal of a Phase IV Remedy Implementation Plan. In addition, stipulated penalties will accrue if any provision is violated or if deadlines are missed under today's Order.

2/12/07: MassDEP entered into a Consent Order with a $10,000 Penalty involving Empyrean International LLC for Waste Site Cleanup violations in Acton. The violations include failure to notify MassDEP within the required timeline and failure to meet the standards for submitting a final closure (Response Action Outcome). In addition to the Penalty the company has agreed to comply with all applicable requirements.

2/12/07: MassDEP entered into a Consent Order with a $54,937 Penalty involving Jeremy Manyonda for Air Quality (Asbestos) violations in Maynard. MassDEP found Manyonda conducted an improper removal and storage of friable asbestos at his property in Maynard. The site has since been appropriately cleaned. Based on a showing of financial hardship, $49,937 of the Penalty has been suspended.

2/9/07: MassDEP entered into a Consent Order with a $5,445 Penalty regarding Garelick Farms, LLC for Air Quality, Industrial Wastewater and Hazardous Waste Management violations at its facility in Lynn. After a fire in the facility's wastewater treatment plant, and the company failed to submit required annual Restricted Emission Status reports (under air quality regulations) MassDEP inspectors verified that the facility failed to properly manage hazardous waste (waste oil) and failed to ensure appropriate oversight of its wastewater treatment plant by a certified wastewater treatment operator. In addition to the Penalty the company has agreed to correct the violations and maintain compliance.

2/9/07: MassDEP entered into a Consent Order with a $3,000 Penalty involving the City of Gloucester for Water Supply violations at its two Water Treatment Plants. Under a 1999 Consent Order, Gloucester agreed to improve its handling and disposal of residuals from the two plants. MassDEP agreed in 2003 to the City's plans to allow the disposal of residuals from one plant into the sanitary sewer, and to remove residuals from a lagoon at the other plant. The City did not implement the approved plans, and therefore violated the 1999 Order. The City also violated treatment technique requirements by not removing sufficient total organic carbon (TOC) from the water at one of the treatment plants. Under today's Order, Gloucester must implement the agreed disposal plans, must make improvements in residuals handling, and must conduct sampling to seek an alternative minimum TOC removal requirement. MassDEP has agreed to suspend $1,500 of the Penalty pending compliance.

2/9/07: MassDEP entered into a Consent Order with a $22,000 Penalty involving the City of Gloucester for Water Pollution Control violations at its Wastewater Treatment Plant. The city has agreed to address the lack of operator oversight of the treatment processes during off-hour operations. At these times, the plant is susceptible to sewerage overflows due to wet-weather events impacting the collection system. In March 2006, there was a sanitary sewage overflow at the plant due to higher than normal flows to the plant and apparent blockage. Approximately 20,000 gallons of raw sewerage overflowed into a nearby storm drain catch basin flowing to the Annisquam River with impacts to the marine community and shellfish industry. The City has now agreed to staff the plant when wastewater flows may be reasonably anticipated to exceed 12 million gallons per day. Today's Order also details procedures the City is expected to follow during an emergency situation, particularly an overflow event, or any other potential environmentally damaging incident. Other agreements in today's Order include: the implementation of a comprehensive evaluation of the plant; a program to manage fats, oil and grease; and, three other major overhaul projects involving pump stations and sewer replacement work.

2/8/07: MassDEP entered into a Consent Order with Life Resources Inc., of for Water Supply violations at Bishop Ruocco House (22 Highland Road) in Lakeville. Life Resources Inc. is a non-profit social service agency that runs this group home for troubled youths, and is licensed through the Commonwealth's Department of Early Education and Care. The facility had operated as an unregistered Public Water System but through the execution of today's Order will bring the system into compliance.

2/8/07: MassDEP executed a Consent Order with a $4,000 Penalty regarding Wetlands violations by Jeffrey Paulin at Chamberlain Mountain Road in Brimfield. The reconstruction of an access road at Chamberlain Mountain Road in Brimfield was done without approval or notification (i.e. filing a Notice of Intent with the Town of Brimfield's Conservation Commission and obtaining an Order of Conditions). Site work resulted in direct impacts to approx. 50 ft. of Stream Bank and 5,000 s.f. of Bordering Vegetated Wetland (BVW). Prior to today's Order, the local commission (on 5/8/05) issued an Enforcement Order to Paulin requiring him to cease all work at the site. In order to provide enforcement assistance, MassDEP initiated a separate enforcement action to achieve site stabilization, and restoration of the area. In addition to the Penalty, Paulin is also required to restore the impacted areas.

2/8/07: MassDEP entered into a Consent Order with an $8,625 Penalty involving Water Pollution Control violations at Crane & Company Incorporated in Dalton. MassDEP found the facility had released untreated process wastewater to the Housatonic River from the facility's Pioneer Mill. The release was caused by degradation of the piping system that conveys untreated process wastewater, including cooking liquor, to Crane's industrial wastewater treatment plant. Upon becoming aware of the situation, Crane, which cooperated with MassDEP, promptly responded to the release by taking immediate corrective action and notified MassDEP. In addition to the Penalty, Crane will implement a program to evaluate its facility and address any facility component that needs to be corrected.

2/8/07: MassDEP entered into a Consent Order with an $11,000 Penalty involving Safe Handling, Inc based in Auburn, Maine. Prior to this, MassDEP had issued a Penalty Assessment Notice (PAN) to the chemical transporter for failing to report a release of 50% hydrogen peroxide solution in Greenfield as required on 7/20/06. The spill of six gallons occurred during a delivery. Hydrogen peroxide is used at the site as part of a soil and groundwater cleanup that has been ongoing for several years. While the company took immediate and appropriate action to address the spill and minimize hazards, timely notification was not provided. MassDEP became aware of the release after reviewing remedial monitoring report submitted in late August 2006. Since being advised of the violation, and receiving the PAN, the company has now submitted necessary closure paperwork for the release and has now agreed to the terms of the order including the $11,000 Penalty.

2/7/07: MassDEP issued a $36,000 Penalty Assessment Notice and a Unilateral Order to Brush Hill Realty Trust for wetlands violations in Walpole. John T. Hasenjeager, as trustee of Brush Hill Realty Trust, was issued the Notice and Order for the violations at Arlington Lane, Hancock Court, and Berkeley Drive in Walpole. Respondent started construction of a subdivision, including alteration of 8,325 s.f. of Bordering Vegetated Wetland without the required approvals in place. The project proponents obtained a local Order Of Conditions but the scale of the project also required the Trust to submit notification to the Massachusetts Environmental Policy Act (MEPA) and apply and receive a 401 Water Quality Certification from MassDEP. Today's Order mandates that these required filings be made including a complete environmental review and alternatives analysis. These filings will likely require control on the project such as stormwater management and reduction of overall pollution to wetlands and waterways. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.

2/6/07: MassDEP entered into a Consent Order with Blue Sky Development, LLC for Waste Site Cleanup violations at 4080-4100 Mystic Valley Parkway in Medford. Blue Sky owns the aforementioned property, and failed to meet submittal deadlines set out in a Notice of Noncompliance issued by MassDEP on 12/6/06. Today's Order establishes a deadline of 10/1/07 for submittal of a Phase I Report and a Tier Classification Submittal and contains a provision for stipulated penalties if any deadlines are missed. .

2/6/07: MassDEP entered into a Consent Order with Getty Petroleum Marketing Inc. for Waste Site Cleanup violations at 331 Bennington Street in East Boston. The company failed to meet submittal deadlines set out in a Notice of Noncompliance issued by MassDEP on 12/1/06. Today's Order establishes the following deadlines for various cleanup phases: submittal of Phase II and III by 12/12/2007; submittal of a Phase IV by 12/12/2008; and, a final outcome statement by 12/12/10. Today's Order also contains a provision for stipulated penalties ($1,000/day) for any noncompliance. 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.

2/5/07: MassDEP executed a Consent Order with a $5,000 Penalty for Wetlands violations involving the Two-State Young Men's Christian Association (YMCA) facility in Becket. The facility began construction work at the dam at Rudd Pond at Camp Becket without filing a Notice of Intent with the Becket Conservation Commission. Construction work impacted 354 feet of Bank, and 1,000 s.f. of Riverfront Area. On 5/11/04, MassDEP required site stabilization and submission of a restoration plan. Under today's Order, the YMCA is required to submit a restoration plan that either will restore all impacted resource areas, or (due to limits on restoration opportunities resulting from dam safety requirements) provide for the creation of new (off-site) compensatory resource areas of BVW and Bank by 12/31/07. MassDEP has agreed to suspend $2,500 of the Penalty pending compliance after three years.

2/5/07: MassDEP entered into a Consent Order with a $7,055 Penalty involving V&S Taunton Galvanizing, LLC for Air Quality and Hazardous Waste Management violations in Taunton. A multi-media inspection revealed the company had not complied with permitting exemption requirements for paint spray booths. Other violations included: adequate emergency preparation and procedures, hazardous waste recycling notifications, annual training, container labeling, weekly inspections, and accumulation-area standards. In addition to the Penalty, the company has agreed to bring the facility into compliance. A tolling agreement has been signed to allow additional negotiations on remaining issues and coordination with EPA.

2/2/07: MassDEP issued a Unilateral Order to Sunrise Properties, Inc. to cease activities related to Wetlands violations in Belchertown. Peter Galuszka, president of Sunrise Properties, Inc., was also issued a $12,000 Penalty Assessment Notice in connection with the construction of a residential subdivision in an area of Bordering Vegetated Wetlands without filing a Notice of Intent with the Belchertown Conservation Commission. Site work has involved the cutting of vegetation, clearing, and grading, which has resulted in erosion of soils and direct impact of 6,270 s.f. of wetland. As a result of the noncompliance, the local commission issued an Enforcement Order requiring site stabilization and submission of a wetland restoration plan. The local commission then requested enforcement assistance from MassDEP after the violator failed to comply. Today's Order from MassDEP requires the full restoration of the impacted wetlands in addition to the Penalty. 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.

2/2/07: MassDEP entered into a Consent Order with a $15,050 Penalty involving Main Street Realty Trust for Air Quality (Asbestos) violations at its 600 Main Street property in Medford. MassDEP inspected the facility and found the violations involving improper removal of asbestos after receiving a complaint from the Massachusetts Department of Occupational Safety and the Medford Board of Health. MassDEP has agreed to suspend $10,050 pending compliance over one year.

2/2/07: MassDEP executed a Consent Order with a $34,650 Penalty involving Peter J. Piantidosi III for Wetlands violations at 111 Northern Boulevard in Newbury. MassDEP had issued a Final Order of Conditions (FOC) permitting construction of a single-family house on the property. On 11/7/06, however, MassDEP found the work did not comply with the FOC. MassDEP also found that after the FOC expired, additional work not previously authorized was performed. The unauthorized work included construction of new retaining walls, altered Coastal Dune, Coastal Beach, and Riverfront Area on a Barrier Beach. Today's Order requires full restoration of all Resource Areas, five years of monitoring. MassDEP has agreed to suspend $24,650 of the Penalty pending full compliance and the completion of long-term monitoring.

2/2/07: MassDEP entered into a Consent Order with Fairfield Chestnut LLC and Avondale Apartments for Air Quality (Asbestos) violations in Ashland. During inspections of the Waste Management Transfer Station in Marlboro and a renovation site in Ashland, MassDEP personnel determined that Fairfield Chestnut and its contractor had improperly removed asbestos without notification. The improperly removed, uncontained waste material was transported to the transfer station in Marlboro. The owner, Fairfield Chestnut was assessed a $70,250 for the violations observed at both sites but the penalty will be suspended for the period of one year pending compliance. [In a previous agreement related to this case, Fairfield's contractor - Richard Josephs - was penalized $45,000. Josephs paid $22,500 and MassDEP suspended $22,500 pending compliance for one year.]

2/1/07: MassDEP executed a Consent Order with the Estate of Agnes Cole for Waste Site Cleanup violations at 256 Newbury Street in Peabody. The Estate owns the property. Today's Order is for failure to meet submittal deadlines set out in a Notice of Noncompliance issued by MassDEP on 12/27/06. New deadlines have been established including the requirement that a Phase I Report and a Tier Classification is submitted on or before 12/1/07. In addition, today's Order contains the provision for Stipulated Penalties ($1,000/day per violation) for any missed deadlines.

2/1/07: MassDEP issued a Demand for a $1,000 Payment to Alec Szymanski for previous Wetlands violations at 1028 Mammoth Road in Dracut. The Penalty was part of a Consent Order signed (on 3/23/06) by Szymanski. MassDEP required the submittal of plans and full restoration of the altered resource area. The 6/3/06 deadline was missed and MassDEP granted two extensions per the request of Szymanski. To date, the restoration work has still not been completed. Additionally, Szymanski failed to pay a $1,000 Penalty as required and due on 12/23/06. MassDEP intends to enter into an amendment in order to reset all deadlines for compliance.

2/1/07: MassDEP executed a Settlement Agreement and Consent Order with a $20,000 Penalty involving Rehabilitative Resources, Inc. of Sturbridge for Air Quality (Asbestos) violations. An inspection by MassDEP found demolition and renovation activities in violation of MassDEP regulations. MassDEP issued a (unilateral) Penalty Assessment Notice in 2006, and today's Order, signed by both sides, serves to resolve those issues.

2/1/07: MassDEP entered into a Settlement Agreement and Consent Order with an $8,200 Penalty involving Elly Homes, LLC for Hazardous Waste violations in Spencer. MassDEP issued a (unilateral) Penalty Assessment Notice in 2006, and today's Order, signed by both sides, serves to resolve those issues. MassDEP issued a PAN in 2006.

January 2007

1/31/07: MassDEP entered into Consent Order with Water Leutz for Wetlands violations at 187 Plain Road in Greenfield. Leutz, who acquired the property in 2006, has agreed to submit a stabilization and restoration plan for an area along the bank of the Green River where unauthorized fill (rip rap) had previously been placed. Today's Order requires the fill/rip rap to be removed and the Bank fully stabilized by 10/01/07.

1/31/07: MassDEP executed a Consent Order with a $46,00 Penalty involving Robert F. Tindle, Jr. (trustee of Rabbit Road Trust) for Wetlands violations on commercial property located at 122 Rabbit Road in Salisbury. The site was initially discovered through aerial photograph (the Wetland Change Initiative). On-site investigation confirmed 41,818 square feet of bordering vegetated wetland (BVW) had been filled without approval. Under today's Order, the area will be fully restored and monitored for five years. MassDEP has agreed to suspend $36,000 if full compliance is maintained by the end of the monitoring period.

1/30/07: MassDEP entered into a Consent Order with an $11,700 Penalty involving Skanska USA Building for Air Quality (Asbestos) violations at 501 Boylston Street in Boston. During an inspection of 501 Boylston Street, MassDEP observed that Skanska and/or its subcontractors had improperly disturbed asbestos containing material without prior written notification to the MassDEP.

1/29/07: MassDEP executed a Consent Order with a $11,000 Penalty involving Marc J. Janvrin and Holly B. Arthur for Wetlands violations at 47 Pike Street in Salisbury. Through aerial surveillance, MassDEP found - and later confirmed during an inspection - that 10,018 square feet of bordering vegetated wetland (BVW) had been filled on the property without any filings or authorization. Under today's agreement, the area will be restored and MassDEP has agreed to suspend $5,500 of the Penalty pending compliance over a period of five years.

1/29/07: MassDEP issued a Unilateral (cease-and-desist) Order to Peter Van Wyck for Wetlands violations at Apple Street in Essex. Van Wyck was previously issued a permit - aka, a Superseding Order of Conditions (SOC) - for work on a gas-utility line to be constructed in the Buffer Zone located in a right-of-way to service a residential subdivision under development. After receiving a complaint from the town, MassDEP found that the work was done in violation of the SOC and resulted in alteration to bordering vegetated wetland (BVW) from erosion. MassDEP then negotiated a conceptual agreement with Van Wyck to remedy the site and pay an administrative penalty. However, prior to signing the agreement, Van Wyck began the work and was verbally instructed that work could not proceed without a signed agreement, Van Wyck has now refused to enter into the agreement and continued site work. Today's Order requires that all site work cease immediately and provides a deadline to sign the agreement that would authorize the restoration work.

1/29/07: MassDEP has reached an agreement with the Town of Swampscott that will result in substantial improvements - totaling $1.4 million - to the Swampscott's storm drain and sewer system. MassDEP found that bacteria-contaminated storm water discharged from the Stacey Brook outfall impacts nearby Kings Beach in Lynn. The possible health risk results in periodic swimming bans at the beach. Under the terms of the agreement, the town will undertake two projects at a cost of $1.4 million that include separation and rehabilitation of 40 combined storm water/sewer manholes and rehabilitation of approximately 43,000 linear feet of sewers. The projects will afford a much higher level of protection for Kings Beach and will result in improved infrastructure throughout the community. Swampscott must provide MassDEP with an Operation & Maintenance (O&M) schedule and permit application for the chlorination facility currently being used by Swampscott to disinfect the Stacy Brook discharge. The town will also report sewer surcharges to MassDEP, will submit a response plan in the event of overflows and a town-wide wastewater management plan to MassDEP, and will pay a $10,000 fine for the illegal connections between storm drains and the sewer system.

1/29/07: MassDEP entered into a Consent Order with White Coach Motel, relative to Water Pollution Control (septic system) violations in Brimfield. MassDEP assistance had been requested by the Board of Health to resolve non-compliance with a septic-system upgrade. The facility located at 309 Sturbridge Road in Brimfield is required to submit plans for review and approval of a system upgrade.

1/29/07: MassDEP executed a Consent Order with a $2,500 Penalty involving the Town of Milford Highway Department for violating Industrial Wastewater and Hazardous Waste Regulations. The Highway Department generated and stored waste oil and oily solids in excess of their registered status and washed vehicles in such a way as to discharge the runoff into a stream without proper controls or permit. Today's Order prevents the discharge of vehicle washwater to the stream and ensures the proper management of haz-waste at the facility.

1/29/07: MassDEP executed a Consent Order with CDA Realty, LLC, the owner of the property at 294 Harvard Street in Medford due to Waste Site Cleanup violations. The corporation failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 10/17/06. Today's establishes a deadline of 9/30/07 for submittal of a Phase I Report and a Tier Classification Submittal. Today's Order also contains a stipulated penalties provision for any missed deadlines.

1/26/07: MassDEP entered into a Consent Order with Blackstone-Millville Regional School District for Water Pollution violations. Today's Order establishes a compliance schedule for the phase out of the existing on-site disposal system at the school's facility and connection to the Blackstone municipal sewer system. Under the terms of the Order, the District will submit to MassDEP within six months an application and plans and (after approval) complete the installation within six months. . In the interim, the District will submit monthly inspection reports for their existing system until transition is fully completed. Within sixty days of sewer installation, the District will be required to abandon the on-site septic system in accordance with the appropriate requirements. This action will result in the proper treatment of 18,000 gallons per day of wastewater.

1/26/07: MassDEP entered into a Consent Order with Clarke's Retirement Home Park for Water Pollution Control violations in Pepperell. Today's Order establishes a schedule for the phase out of the existing on-site disposal systems and connection to the Pepperell municipal sewer system. Under the Order, the Park has agreed to obtain all necessary permits by April 2007, complete construction of the sewer extension to the park by September 2007, and to connect all residences in the park to the municipal system by December 2007. In the interim, the owner will routinely inspect and if needed, upgrade the on-site disposal system, to ensure operation until it can be phased out. This action will result in the proper treatment of 11,100 gallons per day of wastewater.

1/26/07: MassDEP entered into a Consent Order with Rod's Service Station for Waste Site Cleanup violations in Provincetown. The facility submitted a (Phase I) initial site assessment and (Tier II) site classification during June 1998 indicating that additional response actions were necessary before achieving a permanent solution. Then in June 2006, MassDEP issued a Notice of Noncompliance for failure to complete cleanup actions within the required deadlines. Under today's Order new deadlines have been established under which the cleanup must be completed.

1/24/07: MassDEP entered into a Consent Order with a $21,400 Penalty involving Bond Brothers for Air Quality (Asbestos) violations at Philips Academy Building in Andover. Personnel from Bond Brothers of Everett were working at the Academy in a building where improperly removed asbestos insulation was found during a MassDEP inspection. Under today's Order, Bond will provide asbestos-removal training to 12 of its field superintendents. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance over two years.

1/24/07: MassDEP entered into a Consent Order with a $6,500 Penalty involving Stephen McCarthy for Wetlands violations on his property at 330 Campbell Road in North Andover. Through aerial surveillance, MassDEP found - and confirmed during an inspection - that approx 250 square feet of bordering vegetated wetland (BVW) was filled. Ongoing temporary storage and stockpiling of leaves, grass and other materials in the Buffer Zone from McCarthy's landscaping business led to the violation. These activities have been taking place without any of the required filings or authorization. Under today's Order, McCarthy has agreed to restore the impacted area, cease all activity in the Buffer Zone unless otherwise approved through the normal permit process. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.

1/24/07: MassDEP entered into a Consent Order with 1896 House Brookside for Water Supply violations at its facility in Williamstown. MassDEP concluded that 1896 House Brookside operates a public water system. Under today's Order, the facility is required to resume use of its original source with filtration and disinfection systems in operation. If water quantity problems occur again within the year, the facility has agreed to install a replacement source.

1/24/07: MassDEP executed an Amendment to an existing Consent Order with the Town of Blandford relative to Water Supply violations. Blandford has agreed to address compliance issues relative to surface water treatment and disinfection byproduct standards. The town is nearing completion of a water treatment plant (estimated date of completion: 4/30/07). Most recently, Blandford reported results showing that the maximum contaminant level for haloacetic acids (disinfection byproduct) was exceeded. Today's Amendment addresses quarterly public notification requirements for this and related compounds.

1/24/07: MassDEP entered into a Consent Order with The Clean Team for Groundwater Discharge violations in Kingston. As a follow-up to a MassDEP initiative that reviewed industrial wastewater generators, this facility was found to be discharging rug-cleaning wastewater to an on-site septic system without a discharge permit. Today's Order ensures the facility will comply with the appropriate industrial wastewater requirements pertaining to collection and disposal.

1/24/07: MassDEP entered into a consent Order with a $1,376 Penalty involving Accurate Metal Finishing, Inc., for Hazardous Waste Management violations at its facility in Randolph. A multi-media inspection, by MassDEP revealed the company had failed to conduct annual hazardous waste personnel training, failed to keep all hazardous waste container(s) closed, and failed to designate the hazardous waste accumulation area. Accurate Metal Finishing also failed to have an up-to-date copy of a contingency plan on-site and accessible. Today's Order ensures compliance with the Hazardous Waste requirements.

1/24/07: MassDEP executed a Consent Order with a $16,620 Penalty involving BATG Environmental, Inc. for Solid Waste, Wetlands and Industrial Wastewater violations at the Charlton Landfill. In November 2005, BATG commenced closure of the facility without approval, which precipitated the numerous environmental violations. Under the agreement BATG is required to correct the violations as well as establish a $1,000,000 financial assurance mechanism for future closure activities at the facility.

1/23/07: MassDEP entered into a Consent Order with a $1,377 Penalty involving Hazardous Waste Management and Air Quality violations at the Gold Medal Bakery, Inc. facility in Fall River. A multi-media inspection revealed that the bakery shipped waste oil under an incorrect EPA Identification Number in 2006. In addition it failed to maintain a separate record keeping system for one of their production units and conducted a test-run of their emergency engines. Both actions were not in compliance with the facility's Air Quality plan approval.

1/22/07: MassDEP issued a $20,477.20 Penalty Assessment Notice to Basilio Castro for Waste Site Cleanup violations in South Hadley. Castro failed to report and immediately clean up a spill of #2 fuel oil at a commercial property in South Hadley. On 6/30/06 after a significant rainstorm, MassDEP was notified by the South Hadley Fire Department that a spill of fuel oil was discovered discharging from Buttery Brook into a canal at the rear of the South Hadley Electric Light Department building on Main Street. The canal eventually discharges to the Connecticut River. After an investigation by inspectors from the town and MassDEP, the spill was determined to have originated from a commercial property at 16 Main Street. Oil was discovered in a storm drain behind the property, and oil-contaminated soil was present around the drain. MassDEP personnel interviewed the owner of the commercial property and discovered that earlier in the week the owner had retained Castro to remove an unused aboveground oil storage tank from the basement at the property. Based upon the investigation MassDEP believes that the fuel oil was spilled into the storm drain at the time of the tank removal. The property owner arranged for complete cleanup and closure of the spill, at significant expense. In a meeting and several follow-up telephone conversations with MassDEP, Castro denied that a spill occurred during the tank removal, and was unwilling to meet a second time with MassDEP to resolve the matter. 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.

1/19/07: MassDEP executed a Consent Order with 785 Centre Street with a $33,000 Penalty involving Newton Country Day School. Today's Order includes timelines for submittal of a Phase Reports and a final outcome. MassDEP has agreed to suspend $13,000 of the Penalty pending compliance. Today's Order will lead to the cleanup of contaminated groundwater and soil that was first noted during the removal of underground (oil) storage tanks on site. Approximately 91 tons of soil has been removed from the site and recycled. Clean up of this site will protect those attending the school from exposure to oils or hazardous chemicals.

1/18/07: MassDEP issued a Unilateral Order to K&K Realty and Kevin Pennel regarding activities at the 1277 East Street Property in Pittsfield. As owners of the former Grossman's location and former trolley maintenance barn, Pennell, who is president of the corporation, excavated at the site as part of demolition activities. A soil pile was then placed at the property line with a sign reading, "free soil." A previous environmental assessment of the property indicated the soil is contaminated with elevated levels of metals. Today's Order requires K&K cease allowing residents to transport soil from the pile off the property, that a soil pile at the property be covered, and that the soil be tested to determine if oil or hazardous materials is present. The Orders were issued after MassDEP representatives were unsuccessful in speaking with Pennell regarding the matter.

1/17/07: MassDEP executed a Consent Order with a $2,000 Penalty involving Edward Hart for Wetlands violations in North Brookfield. MassDEP determined that grading and filling had occurred within the 100-foot buffer zone to bordering vegetated wetlands on property being developed by Hart on Donovan Road. Mr. Hart failed to file with the local conservation commission prior to beginning work. Under today's Order, Hart has agreed to file for the appropriate permits prior to any further activity. In addition adequate erosion controls will be maintained until all work is completed and the disturbed areas are permanently stabilized.

1/17/07: MassDEP executed a Consent Order with a $1,400 Penalty regarding the Trustees of Tufts College for Industrial Wastewater violations at the University School of Veterinary Medicine in Grafton. Tufts failed to have a certified wastewater treatment plant operator overseeing their pre-treatment system. Today's Order requires Tufts to retain the services of a certified operator to ensure that three-pH adjustment systems at this facility will be adequately maintained and operated.

1/17/07: MassDEP entered into a Consent Order with an $11,490 Penalty involving the town of Medway for Hazardous Waste Management and Industrial Wastewater violations at its Department of Public Services facility. The Town washed vehicles, discharge runoff to the ground without obtaining a groundwater discharge permit. The Town also failed to follow several haz-waste management requirements, including: filing an accurate registration; failing to mark and label a waste-oil tank; and failure to post/maintain up-to-date emergency information. The town has ceased the groundwater discharge and will take steps to bring the facility into compliance. MassDEP has agreed to suspend $8,490 of the Penalty after one year pending compliance with the terms of the Order.

1/17/07: MassDEP entered into a Consent Order with a $16,000 Penalty with P.J. Keating Company of Delaware for Wetlands violations that occurred at their rock-quarrying facility off Leominster Road in Lunenburg and Shirley. MassDEP conducted an inspection of the facility and observed that stone dust from the facility was being discharged from a stockpiled area due to inadequate erosion controls. Sedimentation of the stone dust was being deposited in wetland resource areas on/off the property in the towns of Shirley and Lunenburg. Previously, MassDEP issued a Unilateral Order to the company requiring that the violations cease and proper erosion controls be put in place. Today, in addition to the Penalty, Keating has now agreed to restore the impacted area by submitting a plan that MassDEP will review, and to implement steps so as to prevent any future sedimentation from occurring.

1/16/07: MassDEP issued a Unilateral Order to GFI Shirley, LLC for erosion problems associated with the subdivision construction. This represents the second Order issued to the corporation, and additional enforcement is pending.

1/16/07: MassDEP entered into a Consent Order involving the town of Westport and the former Quinn Property located at 1175 American Legion Highway in Westport. Beginning in July 1985, MassDEP (at that time DEQE), conducted cleanup (or response) actions at the site including: pumping cleaning and excavation of numerous underground storage tanks; excavation, transport and disposal of contaminated soil; transport and disposal of additional hazardous materials such as automobile batteries, drums, hydraulic fluids, paints, oils and capacitors; various site assessment field activities (including monitoring well installation and sampling, soil screening and sampling, surface water sampling and private well sampling); and report preparation. On 2/18/87, DEQE placed a lien on the property. The town acquired the Site on 11/20/03 by means of tax foreclosure, and the town is conducting response actions now with intentions of divesting the property, possibly for Chapter 40B housing. Today's Order establishes deadlines for the submittal of cleanup actions, including: Comprehensive Site Assessment and Risk Characterization; a Phase III, IV and a final resolution (or Response Action Outcome or Remedy Operation Status). In addition, today's Order requires the town to reimburse MassDEP (within 30 days of closing with a new purchaser) the amount of $149,556.47 for past costs incurred by MassDEP and its predecessor agency.

1/16/07: MassDEP issued a Notice of Audit Findings relative to Waste Site Cleanup actions conducted at 41-43 Straight Wharf in Nantucket. Numerous violations were identified at the site (aka The Toy Boat) including failure to delineate the nature and extent of contamination at the site and demonstrate a permanent solution was achieved. MassDEP conveyed the results of the audit, along with a Notice of Noncompliance that establishes a 60-day deadline to correct the violations. Ultimately, either the Response Action Outcome (RAO) needs to be demonstrated through results, or the RAO must be retracted and additional cleanup actions commence. The Respondent has informed MassDEP they cannot comply with the deadlines and has requested new deadlines to be established in a Consent Order.

1/16/07: MassDEP entered into a Consent Order with an $11,020 Penalty regarding Polyonics Corporation for Industrial Wastewater and Hazardous Waste Management violations at 24 Graf Road in Newburyport. During an unannounced multi-media inspection on 10/25/06, MassDEP found Polyonics had failed to conduct hazardous waste training since 2002, failed to record time of day when conducting weekly inspections, and had satellite containers that were open, improperly labeled, and exceeded the one container per waste stream requirement. In addition, Polyonics failed to have an operation and maintenance manual and failed to have a staffing plan relative to its Industrial Wastewater requirements. This inspection was conducted as part of BWP's effort to perform more frequent routine inspections at large quantity generators of hazardous waste that have had previous MassDEP enforcement. Polyonics agreed to correct all violations; MassDEP agreed to suspend $4,020 of the Penalty pending compliance for five years.

1/15/07: In a complaint settlement agreement filed in Suffolk Superior Court by the Attorney General's Office on behalf of MassDEP, the Lorusso-Bristol Stone Corp., Price Quarry (of Weymouth and Hingham) matter was resolved.  Sometime between 1995 and 2001, Lorusso-Bristol Stone Corp. excavated and removed approximately four acres of vegetated wetlands to a depth of approximately 70 feet in order to expand an existing rock quarry. The complaint also alleges that Lorusso-Bristol Stone Corp. removed a portion of an intermittent stream and caused an additional three acres of wetlands to dry up. Through this settlement, the owner and operator of the quarry in Weymouth and Hingham, known as "Price Quarry," has agreed to a $400,000 civil penalty for the alleged illegal activity; $200,000 will be paid and upon compliance with all of the terms of the settlement agreement, the remaining $200,000 of the penalty will be suspended. Since restoration of the original site (in-situ) is not an option due to the depth of the wetland excavation and other site features, the owner and operator will also pay an additional $180,000 towards a valuable targeted mitigation project that includes 35 acres of wetland restoration and the reestablishment of stream flows to support fish habitat in the Eel River and publicly owned historical cranberry bogs in Plymouth. That project is being conducted in conjunction with the state's Riverways Program and many other public and private partners.

1/12/07: MassDEP issued an $18,400 Penalty Assessment Notice and Unilateral Order to the Ipswich Water Department in Ipswich. The municipal water treatment facility was discharging from its sedimentation basins to Bull Brook in Ipswich using a bypass of its residual treatment lagoons. In addition, the discharge from the facility had repeatedly exceeded the total suspended solids limit in its General Permit (National Pollutant Discharge Elimination System). Today's Order requires the Town to prepare both short-term and long-term plans for proper management of the treatment plant residuals and to identify any wetlands impacts from the improper disposal of residuals, and to restore any affected wetlands. 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.

1/12/07: MassDEP executed a Consent Order with the Pioneer Valley Chapter #8 N.A.F.C.A., Incorporated for Water Supply violations in Granby. MassDEP has determined that due to the activities at the (private club) facility, Pioneer should be regulated as a Public Water System. Today's Order establishes time lines for the facility to come into compliance with Drinking Water regulations.

1/12/07: MassDEP executed a Consent Order with Puffin Realty Trust for Waste Site Cleanup violations at 79 Bridge Street, in Dedham. Today's Order includes timelines for submittal of cleanup status reports including: a Tier II Classification Extension, an Immediate Response Action Plan, and completion (or Response Action Outcome). Today's enforcement action will lead to the cleanup of gasoline-contaminated groundwater and soil emanating from the removal of underground storage tanks at this former gas station. The site is located within the zone of a potential productive medium yield aquifer. The property is currently a vacant lot. Clean up of this property will aid in protecting the quality of the aquifer and provide opportunities to turn the property into a beneficial and productive use.

1/12/07: MassDEP entered into a Consent Order with a $15,000 Penalty involving 627 Main Street for Waste Site Cleanup violations at its property in Wakefield. June Sheridan, the owner of 627 Main Street, has agreed to a schedule under which status reports on the cleanup will be submitted, including completion (or Response Action Outcome). MassDEP has agreed to suspend $10,000 of the Penalty provided all terms of the Order are met. Today's Order will result in the cleanup of contaminated groundwater and soil and will provide opportunities to turn the property into a beneficial and productive use.

1/11/07: MassDEP issued a $31,230 Penalty Assessment Notice to Christopher Dillon and Dillon Environmental Services in Pittsfield for Asbestos violations. On 8/23/06, MassDEP and the Massachusetts Office of the Division of Occupational Safety inspected the basement of a building in Pittsfield and observed Dillon performing an illegal asbestos removal project. At that time, Dillon's license to remove asbestos had expired many months prior, and Dillon had not filed a notification regarding this project. Dillon's activities resulted in the property owner having to retain a licensed contractor to decontaminate the entire basement. This is the second penalty that has been issued to Mr. Dillon. In 2002, Dillon signed a consent order and agreed to a $5,000 Penalty for failing to properly notify before performing an asbestos removal project in August of 2001.

1/11/07: MassDEP executed a Consent Order with Duffy Brothers Construction, for Waste Site Cleanup violations at 411 Waverly Oaks Road in Waltham.  Under today's Order, specific deadlines have been set for submittal of a Phase IV Remedy Implementation Plan and a final solution (Response Action Outcome) for this site.

1/11/07: MassDEP issued a Unilateral Order to Packard Orange Realty Trust in Orange. The trust owns and operates the Pioneer Place Condominiums, a facility determined to be a Public Water System. The trust failed to respond to notification and a draft administrative consent order that the facility exceeds the thresholds of a public water system. Under today's Order, the trust is required to collect and analyze water quality samples and submit information to MassDEP as it pertains to the facility complying with regulatory requirements, or develop a schedule for another conforming water supply source.

1/11/07: MassDEP entered into a Consent Order with a $19,545 Penalty involving Bradford & Bigelow for Air Quality and Hazardous Waste violations at the company's facility in Danvers. During an inspection by MassDEP in August 2006, it was determined that the commercial printing company, located at One Industrial Drive, installed a heat-offset press without approval in 2003. A heat-offset press has the potential to emit harmful air pollutants, including volatile organic compounds, which contribute to the buildup of ground-level ozone. State regulations require that significant sources of air pollutants (such as printers) must submit plans prior to installing equipment such as a heat-offset press in order to ensure that adequate emission controls are in place

1/9/07: MassDEP executed a Consent Order with a $15,000 Penalty regarding Townsend Oil Company for Waste Site Cleanup violations at 4-6 Fern Avenue in Amesbury. Townsend is the oil-delivery company for that residence. A leak was not detected until it began seeping out of the ground and through the basement floor of an Amesbury residence where a spike in oil deliveries should have indicated an evident problem. Under the agreement, the company will review its records to locate any unexplained spike in oil usage among its customers beyond 20 percent of normal consumption, taking into consideration conditions such as colder weather, increased heating needs due to home additions, etc. As an alternative to paying a penalty to the Commonwealth, Townsend will implement a MassDEP authorized Supplemental Environmental Project (SEP). Under this SEP, at least 100 customers will have their current copper oil feed lines connecting their oil tanks to their boilers replaced at no charge with double-walled feed lines or oil shut-off safety valves. Both these devices help to prevent oil leaks from damaging basements and contaminating the environment. Townsend has agreed to complete this project within 15 months. In addition, Townsend has agreed to focus feed line or safety valve installation effort towards homes in Environmental Justice (EJ) communities. EJ areas are those that include many densely populated urban neighborhoods in and around the state's oldest industrial sites. These neighborhoods encompass only a small portion of the land area of the Commonwealth (less than 5 percent), but they are home to a large percentage of the state's population (nearly 29 percent).

1/9/07: MassDEP executed a Consent Order with a $5,000 Penalty involving Keith Blondin of Brookfield for Wetlands violations. MassDEP found the violations occurred on Blondin's property at Fiskdale Road in Brookfield. Under today's Order, Blondin has agreed to a schedule for implementation of a wetlands restoration plan under which 10,000 square feet of bordering vegetated wetlands and 50 feet of bank will be restored. Blondin also agreed to file with the local conservation commission prior to conducting any additional work on his property that could affect wetland resource areas.

1/9/07: MassDEP entered into a Consent Order with a $9,000 Penalty involving the South Hadley Landfill, LLC, for Solid Waste violations that occurred in early 2006 relative to nuisance odor complaints. During an inspection, MassDEP noted a strong hydrogen sulfide characteristic of both leachate and landfill gas from the current South Hadley landfill operation. Today's Order provides for the operation of a landfill gas pretreatment system as well as certain operational safeguards. South Hadley Landfill, LLC will pay a $9,000 penalty. Under a Supplemental Environmental Project, (SEP), the corporation will donate $27,000 to the Pioneer Valley Planning Commission's vehicle-retirement program. This program is designed to reduce air and water pollution in the Connecticut River Valley (Franklin, Hampshire and Hampden counties) by removing abandoned vehicles and retiring older, less efficient vehicles.

1/9/07: MassDEP executed a Consent Order with an $8,625 Penalty involving the Massachusetts Water Resource Authority (MWRA) and its Deer Island Waste Water Treatment Facility. The MWRA failed to meet a key compliance date contained in the Deer Island facility's Air Quality final operating permit, specifically the requirement to install and operate enhanced continuous opacity monitoring systems (COMS) software on its combustion equipment. In addition to performing the COMS software upgrade, MWRA has now agreed to perform a community-based Supplemental Environmental Project (SEP). MWRA has agreed that under this SEP to retrofit certain of its diesel powered vehicles that are garaged in Chelsea with diesel oxidation catalysts to reduce diesel emissions in that community. The value of the SEP must be at least $5,750; in addition, MassDEP has agreed to suspend $2,875 of the Penalty pending compliance.

1/9/07: MassDEP entered into a Consent Order with a $35,000 Penalty regarding 395 Lynnway, LLC for Waste Site Cleanup violations in Lynn. The corporation is the current owner of 395 Lynnway, a brownfield site, where the violations found included failure to comply with a previous Consent Order requiring the submittal of a Phase IV Report or final solution or (Response Action Outcome) by 6/1/06. Today's Order extends the deadlines for submittal of a Phase IV to 12/15/07 and an RAO to12/15/08. MassDEP' s enforcement actions and subsequent involvement prevented the construction of commercial buildings over soil and groundwater contaminated with vinyl chloride, metals and petroleum. MassDEP agreed to suspend half (or $17,500) of the Penalty pending compliance.

1/8/07: MassDEP entered into a Consent Order with a $2,000 Penalty involving Middleboro Petroleum in Middleborough for Hazardous Waste and Air Quality violations. MassDEP conducted a multi-media inspection and found the company was operating an automotive fuel dispensing (Stage II vapor recovery) facility with broken equipment, failed to perform required Stage II system maintenance and weekly inspections and failed to register as a generator of hazardous waste. In addition to the Penalty, the company agreed to maintain compliance with all applicable requirements.

1/8/07: MassDEP entered into a Consent Order with a $30,000 Penalty involving the Massasoit Environmental Services, LLC in Carver for numerous operational issues in the groundwater discharge (permit) system. Among the violations were: broken odor pollution control equipment and effluent violations, which eventually led to the wastewater treatment facility rendered out of service for approximately nine (9) months. In addition, today's Order outlines a start-up procedure for the repaired facility and establishes an odor protocol for any future complaints.

1/5/07: MassDEP entered into a Consent Order with J.H. Hoenig Construction Co. for Hazardous Waste Management, Solid Waste and Wetlands violations at its Brimfield facility. The company's violations included: excavating gravel to below the water table creating ponds; disposal of stumps; altering 6,400 square feet of bordering vegetated wetlands; and, mishandling and mismanagement of hazardous waste. The Order requires that Hoenig remove the sediment and stumps from the various resource areas and comply with other applicable regulations including all hazardous waste management issues.

1/5/07: MassDEP executed a Consent Order with a $6,000 Penalty involving Churchill Coatings Corporation for Hazardous Waste Management violations at its operation in Palmer. In addition, Churchill will pay annual compliance fees totaling $7,905. An inspection of Churchill's facility in February 2006 revealed that the company violated hazardous waste management requirements by not notifying MassDEP of a change in its hazardous waste generator status. Churchill, which cooperated with MassDEP, has initiated corrective actions to address the noncompliance issues at its facility.

1/5/07: MassDEP executed a Consent Order with a $15,000 Penalty for Air Quality (Asbestos) violations at a property owned by Iqbal Murtaza in West Springfield. A complaint made by a state occupational safety inspector alleged that unprotected and unlicensed workers were removing asbestos in the basement of a rental property on Main Street in West Springfield. An investigation by MassDEP found laborers had removed asbestos from an old boiler and had placed the asbestos waste into trash bags. Murtaza, as the building owner, was responsible for ensuring that asbestos was handled properly by licensed workers. Under MassDEP's direction, Murtaza retained a licensed asbestos abatement company, which conducted cleanup and decontamination of the basement including the proper disposal of asbestos waste. MassDEP has agreed to suspend $13,500 of the Penalty pending compliance over one year.

1/5/07: MassDEP entered into a Consent Order with Twin Oaks Farm Learning Center for Water Supply violations at its facility in Rehoboth. The day care center operating in Rehoboth was found to be operating as an unapproved public water supply. Today's Order requires the facility to take the necessary steps so as to comply with all applicable Water Supply regulations [310 CMR 22.00].

1/5/07: MassDEP executed a Consent Order with a $3,500 Penalty involving Munksjo Paper, Inc. for Waste Site Cleanup violations at its 642 River Street facility in Fitchburg. Munksjo failed to meet response action deadlines and failed to ensure that persons conducting response actions at the site had not received appropriate health and safety training. MassDEP issued a Notice of Noncompliance (NON) identifying the failure to meet response action deadlines, but the company's response did not conform to requirements. In addition to the Penalty, today's Order requires the company to submit a revised completion statement (or Response Action Outcome) no later than November 2007.

1/5/07: MassDEP issued a Unilateral Order to Lakeside Trailer Estates for Water Supply violations at its location in Mashpee. Lakeside Estates is a regulated public water supply system providing water to residents of the mobile home park complex through an existing privately owned well and water distribution system. This system has been cited for a failure to maintain minimum water pressure within the distribution system at various service connections to mobile homes located within the complex. Lakeside has had a history of resident complaints of low water pressure, and inadequate water flow as well as a history of past Notice of Noncompliance conditions. Inadequate water pressure threatens the health and welfare of the residents in the complex as the low-pressure condition increases the potential for back flow or siphonage of potential contaminates into the distribution system and water being used by consumers. MassDEP suspects inadequate distribution system design (inadequate pipe size) as the cause for these violations. Today's Order requires the following: the distribution system must be evaluated by a third party; a distribution map established; a hydraulic modeling analysis must be conducted in order to determine system pressure under various flow conditions across the system; and, recommendations will be developed for any needed distribution system modifications to prevent future low pressure condition and violations. A schedule for implementing system improvements is required by this Order.

1/3/07: MassDEP issued a Unilateral Order to NMJ Realty Trust and Learned Hand Realty Trust for Wetlands violations at property in Leominster, specifically clear cutting over an acre of Wetlands and Riverfront Area without a valid Order of Conditions (permit). Today's Order requires the owners to cease further activities except placement of erosion controls, flagging the wetlands in the field and providing to MassDEP a wetland restoration plan. Additional enforcement action is pending.

1/3/07: MassDEP executed a Consent Order with a $6,000 Penalty involving Boulevard Auto Parts and Sales for Hazardous Waste Management violations at its facility in Springfield An inspection of Boulevard Auto recycling facility in January 2006 revealed that the company's hazardous waste management was in violation with several handling, storage requirements. The facility will correct the violations and MassDEP has agreed to suspend $4,000 of the Penalty pending compliance. In addition, Boulevard Auto has agreed to implement a Supplemental Environmental Project (SEP). The SEP involves translating MassDEP's hazardous waste management fact sheets into Russian and distributing them to other local auto recyclers whose employees speak Russian.

1/3/07: MassDEP entered into a Demand Letter for $1,000 Penalty to M&A Realty of Springfield. The company failed to comply with the terms of previous Consent Order (executed on 9-11-06). The violation pertained to continued violations of Stage II (vapor recovery) requirements at several facilities owned and operated by M&A Realty in Western Massachusetts

1/2/07: MassDEP entered into a Consent Order with a $33,000 Penalty regarding Waste Site Cleanup violations at Tuttles Dry Cleaners, at 245 Main Street in Charlestown. Today's Order establishes timelines for submittal of response actions. This enforcement action will lead to the cleanup of volatile organic compounds (or VOCs) in the indoor air of the basement of the dry cleaner establishment and in the groundwater beneath the building. Tuttles has since converted from a PCE-based process, to the more (green friendly) chemical-inert silicon based process. Tuttles believes that by eliminating the use of PCE at the site an overall risk reduction of a potential source of pollutants will result.

1/2/07: MassDEP entered into a Consent Order with Robert and Cheryl Noel for Waste Site Cleanup violations at 97 Upper Church Street in Hardwick. The site had been a woolen mill, toy and cabinet manufacturer and small foundry since the 1930s. In 2002, an environmental assessment of the property found that fuel-oil in soil was found at concentrations above the reportable limits. The federal EPA conducted a site assessment under a targeted "Brownfields" program. The Noels purchased the site in 2003. Today's Order requires the Noels to expedite the pace of remedial response actions at the site. The Order also serves as a Notice of Noncompliance that memorializes deadlines to complete response actions, and contains stipulated penalties for noncompliance with MassDEP regulatory deadlines.

1/2/07: MassDEP issued a $1,000 Penalty Assessment Notice to Hill n' Dale Nominee Trust (trustee Patrick Gray) for Waste Site Cleanup violations at residential property in Savoy. Hill N'Dale Nominee Trust, Patrick Gray Trustee, was notified of its obligations in 2005 regarding a past release of heating oil from an above ground oil tank on the property, which impacted soil, groundwater and surface water on-site. There were also potential impacts to a private well located on the property. The release occurred in 1997 and the owner at that time, Patrick Gray, was notified of his obligation to complete response actions on-site. Despite repeated attempts by MassDEP to bring this site into compliance, the past owner (Patrick Gray) and the current owner (Hill N'Dale Nominee Trust, Patrick Gray Trustee) have exhibited lengthy patterns of noncompliance and failed to complete the required response actions involving a release of oil to the soil and groundwater on-site.

1/2/07: MassDEP entered into a Consent Order with Rediker Software for Water Supply violations in Hampden. Rediker Software operates as a public water system without having received the required prior approval of MassDEP. Such approval is necessary in order to ensure that the water supply source is protected and water quality monitoring is conducted. Today's Order establishes deadlines for taking the specific steps required of a newly discovered public water system.