December 2008

12/31/08: MassDEP issued a Demand Letter to Baystate Home Guard Incorporate in Westfield for a $27,000 Suspended Penalty after the company was found in violation of the state asbestos regulations. In a previous Consent Order (6/1/07) MassDEP issued $34,000 Penalty to the company for asbestos removal, handling and disposal violations, but MassDEP agreed to suspend $27,000 for one year, provided the company remained in compliance. During a complaint investigation on 9/14/07, MassDEP found that Baystate Home Guard had improperly removed asbestos thermal insulation from the property's heating system, violating two of the asbestos handling regulations. Baystate is now required to pay the entire suspended penalty.

12/31/08: MassDEP issued a Unilateral Administrative Order to the city of Northampton for failure to notify the MassDEP of certain malfunctions with the landfill gas flare. Today's Order requires that the cause of the observed malfunctions be fixed, and that a revised Operations & Maintenance Plan be submitted to the Department for review.

12/31/08: MassDEP entered into a Consent Order with a $4,000 Penalty regarding Marvic Construction for Asbestos violations at 66 Howard Street in Brockton. Marvic Construction failed to submit written notification to MassDEP for removal of non-friable asbestos containing material, and asbestos work practice violations during the removal of asbestos from this residential property. The work practice violations included; failure to ensure that asbestos remained wet during removal, and failure to containerize and label the asbestos in leak-tight containers.

12/31/08: MassDEP entered into a Consent Order with an $8,090 Penalty involving Reis Asphalt, Incorporated at 99 1/2 Linden Street in New Bedford. Reis failed to notify MassDEP of a planned demolition project involving a single-family home with asbestos containing cement shingles on the exterior wall surfaces. Reis also demolished the building using heavy excavation equipment, which rendered the asbestos containing shingles friable and then failed to containerize the damaged asbestos containing materials in leak tight containers. MassDEP and Reis agreed that $6,067 of the Penalty will be suspended, provided that Reis completes a Supplemental Environmental Project (SEP). The SEP shall include providing Asbestos Supervisor training for employees of Reis Asphalt. The remainder of the penalty, $2,023 will be paid to the Commonwealth.

12/30/08: MassDEP entered into a Consent Order with a $4,500 Penalty regarding George Zervos for Asbestos violations at 55 Stevens Terrace in Randolph. Zervos failed to submit written notification to MassDEP for removal of friable asbestos containing material, committed asbestos work practice violations during the removal of asbestos from this commercial property. Zervos has now completed cleanup of the property, including asbestos debris disposal, and agreed to pay the Penalty/

12/29/08: MassDEP entered into a Consent Order with a $3,100 Penalty regarding Blue Heron Farms, Inc. for Wetlands violations at 72 Brooke Street in Plympton. MassDEP found the Farm had altered a wetlands resource area without a valid (permit) Order of Conditions. The Farm altered 14,000 square feet of bordering vegetated wetlands when it expanded a cranberry bog between 1993 and 1995. The alteration was identified by the MassDEP Wetlands Loss Project. In addition to the Penalty, the Farm has prepared a wetlands mitigation and wetland wildlife habitat enhancement plan to mitigate the wetlands change that occurred on the property.

12/29/08: MassDEP executed a Consent Order with a $35,000 Penalty involving the town of Marblehead for Wetlands violations at Stramski Way in Marblehead. MassDEP found the violations by the town's water and sewer commission in December of 2007, and issued a notice of noncompliance for discharge of pollutants. MassDEP further found bacteria concentrations in excess of secondary contact standards. These actions were undertaken without a permit, and violated the state's water quality standards and the town's storm water permit at Stramski Beach and an unnamed perennial stream flowing to the beach. In response to water quality sampling requirements, the town's water and sewer commission staff contacted the local conservation commission agent and requested permission to selectively cut some of the heavy vegetative overgrowth situated along the stream to provide access for sampling. The agent gave verbal authorization to perform only selective cutting by hand and selective hand movement of material to allow water to flow Further the agent instructed the water and sewer staff member that any additional activity; including stream channel or bank "improvement" work, would require the filing of a notice of intent. Today's Order requires full restoration of all resource areas with long term monitoring in addition to an administrative penalty of $10,000 paid with an additional $25,500 suspended after five years.

12/26/08: MassDEP issued a $25,400 Penalty Assessment Notice to Riverview Apartments, LLC for Asbestos violations in Springfield. The LLC is located in Swampscott, but MassDEP discovered while investigating a complaint at an apartment building located in Springfield, that the building management was allowing individuals to dismantle an asbestos-insulated boiler without instituting appropriate asbestos removal, handling and disposal procedures.

12/23/08: MassDEP executed a Consent Order with a $3,000 Penalty involving Indian Hills Plaza for Water Supply violations at commercial strip-mall on Winthrop Street in Rehoboth. The responsible party, Vieira Family Realty Trust (c/o Joseph Vieira, Trustee), violated permit conditions and drinking water regulations pertaining to its public water supply well. MassDEP observed excavation and heavy machinery in use within the (140-foot) protective zone around the public water supply well. The responsible party has agreed to perform several corrective actions which will help insure future compliance with the permit conditions and drinking water regulations.

12/23/08: MassDEP with the Massachusetts Attorney General's support entered into a settlement agreement with Brandywine Corporation resolving claims that the company filled and paved over nearly five acres of freshwater wetlands at 55 Rear High Street in Billerica on a parcel now leased to a car auction firm. Under the terms of the settlement filed in Suffolk Superior Court, Brandywine will restore/construct new wetlands in a three-quarter acre portion of the site. MassDEP found that approximately five (5) acres of altered wetlands had occurred, with the scope of alteration deduced in part from comparative analysis of infrared aerial photographs. The extent of the site degradation is such that full restoration is not feasible. Accordingly, in addition to restoration of a potion of the site that could be restored, defendant is required to pay $200,000 towards a Supplemental Environmental Project (SEP) that will involve the replication of wetlands in the Concord River watershed. Additionally, Brandywine will pay $100,000 civil penalty, half suspended upon successful completion of the restoration and the SEP.

12/23/08: MassDEP entered into a Consent Order with a $5,750 Penalty regarding New England Commercial Lawn Care, Incorporated for Surface Water Discharge violations in Shrewsbury. The company, d/b/a as U.S. Lawns of Central Massachusetts of Sterling, has agreed to resolve violations of the Surface Water Discharge Regulations. MassDEP investigated an apartment complex in Shrewsbury and confirmed that the company had released hydro-seed mixture to an adjoining storm water catch basin that discharges to an adjacent stream. Under the terms of the Order, the company has agreed to develop and submit a manual detailing the proper handling, application, and disposal of excess hydro-seed mixture (Standard Operating Procedures). The plan will include specific measures to prevent the release of material to local surface waters. Today's action will result in protection of the Commonwealth's surface waters.

12/22/08: MassDEP entered into a Consent Order with a $6,500 Penalty regarding Supercon, Incorporated for Hazardous Waste and Air Quality violations in Shrewsbury. During a routine inspection, MassDEP determined that the company had failed to comply with its current plan approval, which resulted in excess air emissions. In addition, Supercon failed to properly complete its hazardous waste manifests; it failed to ensure that its emergency information was properly maintained; and, it failed to plan for - and train - its personnel involved in hazardous waste management. Under the terms of today's Order, the company has agreed to comply with all applicable regulations and perform a study to determine the appropriate replacement for its air pollution control equipment. Pending proper installation of this new equipment, Supercon will be able to manage and comply with its air emissions limits.

12/22/08: MassDEP entered into a Consent Order with a $51,510 Penalty regarding Grant M. Wilson as Trustee of House 3 Realty Trust for Wetlands violations at an 18.4-acre residential property at 201 Concord Road in Carlisle. The site was identified through MassDEP's aerial photography and investigation revealing that a very large pond was constructed altering 0.95 acres within a resource area, bordering vegetated wetland (BVW) and intermittent stream. After subsequent intervention by MassDEP, the project was ultimately denied by MassDEP but between 1995 and 2001, without any approval, a much smaller pond was constructed with extensive surrounding filing and intermittent stream culverting resulting in alteration of approximately 0.913 acres of BVW and 460 linear feet of bank without any authorization. Today's Order requires payment of $25,755 within 30 days and the additional $25,755 suspended by 10/31/13. The document also requires restoration with long-term monitoring of all filled BVW and culverted stream bank in addition to submittal of water storage calculations and fire department documentation to support the necessity of keeping the pond for fire protection of four residences.

12/18/08: MassDEP issued a Demand for $22,250 in Suspended Penalties to J. Melone & Son, Incorporated for Waste Site Cleanup violations in Stow. The company has failed to submit a final (Response Action Outcome) statement on or before 10/1/08 as required under a previously-agreed Consent Order.

12/18/08: MassDEP entered into a Consent Order with a $5,000 Penalty regarding the town of Essex for Wetlands violations at the end of Water Street in Essex. The violations took place on a piece of town-owned land adjacent to the Essex River. The violations occurred during repaving, replacement of guard rail, and placement of a stone slope from the end of the street to the river. The work resulted in unauthorized alteration of ten linear feet of a resource area (coastal bank) and approximately 200 square feet of salt marsh. MassDEP has agreed to fully-suspend the Penalty pending full compliance with today's Order including full restoration of the impacted resource areas.

12/16/08: MassDEP entered into a Consent Order with a $5,000 Penalty regarding Environmental Source Corporation for Asbestos violations at 25 Shattuck Street in Lawrence. The company, a licensed asbestos removal contractor, notified MassDEP of work at 25 Shattuck Street in Lawrence. During routine inspections MassDEP personnel determined that Environmental Source had violated multiple work practice requirements. MassDEP found that the company's air cleaning machines (HEPAs) were not equipped with an operating alarm system and that dry friable asbestos debris was in the work area after the work area seal had been disassembled. Also, it was determined that the glove bag method of removal had not been performed in compliance with requirements.

12/15/08: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Rockrimmon Auto Parts and Recycling, Incorporated for Hazardous Waste, Solid Waste and Air Quality violations in Chicopee. The hazardous waste violations included failing to register as a generator of hazardous waste, not registering a waste oil burner, and housekeeping and labeling requirements for the management of hazardous waste. The solid waste violations included storing scrap tires for more than 90 days, and the air quality violation involved using a gasoline storage tank to dispense gasoline to vehicles which did not have the required vapor recovery system. Rockrimmon cooperatively worked with MassDEP and initiated corrective actions to address the noncompliance issues at its facility. The company is continuing to correct the noncompliance issues, including the timely removal of the stored scrap tires.

12/15/08: MassDEP entered into a Consent Order with Asbury Camp Meeting Corporation for Water Pollution Control (septic system) violations in Hamilton. Today's Order establishes a process with timelines for upgrading the septic systems of twenty-three (23) summer cottages located on corporation's property. Today's Order supersedes a previous Consent Order to bring the facility into compliance.

12/12/08: MassDEP issued a Declaration of Water Emergency regarding the Egremont Water Department. The town petitioned MassDEP to issue this declaration so as to allow Egremont to deliver water from an approved hauler into its distribution system. Egremont was addressing a large water main break causing depletion of its stored water. The main break was located and replaced on Saturday 12/13/08.

12/11/08: MassDEP executed a Consent Order with a $27,070 Penalty involving Henry J. LaMountain Sr., and Peter D. LaMountain for Solid Waste violations in Oxford. The violations occurred on the Federal Hill property located in Oxford. MassDEP personnel determined that approximately 600 cubic yards of unprocessed waste concrete had been illegally disposed of at the site. Today's Order requires the concrete material be removed from the property and properly disposed. MassDEP has agreed to suspend $22,070 of the Penalty pending compliance with all the requirements of today's Order. This action will help deter other contractors and/or individuals from illegally disposing of regulated materials on their properties as fill materials

12/10/08: MassDEP issued a Unilateral Administrative Order to Pioneer Brewing Company, LLC, for Wastewater violations in Sturbridge. MassDEP issued the Order after receiving a request from the local board of health regarding the illegal disposal of industrial wastewater from the company's brewing processes. MassDEP personnel inspected the facility and determined that process waste water was being discharged to an underground disposal system located in a gravel parking lot located adjacent to the facility. Today's Order requires: within thirty days, the company must eliminate the existing illegal discharge of its waste water; it must install and properly operate a temporary waste water holding tank; and, it must submit a discharge permit application to MassDEP for review and approval. Additional higher-level enforcement is anticipated.

12/9/08: MassDEP entered into a Consent Order with a $6,960 Penalty involving ABC Disposal Services, Incorporated for Solid Waste violations at 100 North Front Street in New Bedford. The specific violations involved managing material for which it is not licensed: metal pipes, partially-covered with asbestos-containing material. ABC Disposal picked-up the incorrect roll-off container from One Wamsutta Street in New Bedford and transported the container, which was filled with metal pipes partially covered with asbestos pipe insulation, to a metal recycling facility for processing. ABC Disposal agreed to pay $1,740 and to conduct a Supplemental Environmental Project (SEP) which includes asbestos inspector and asbestos awareness training for selected employees of the company. The remainder of the Penalty ($5,220) will be suspended, provided that ABC Disposal completes the SEP.

12/8/08: MassDEP issued a Unilateral Order to the city of Lawrence along with a $5,750 Penalty Notice for Drinking Water violations. The city had failed to collect the required chlorite samples for the months of May and August of 2008. As owner or operator of community water systems using chlorine dioxide for disinfection or oxidation, the city is required to conduct monitoring for chlorite. The city needs to fully comply with all applicable regulations.

12/8/08: MassDEP executed a Consent Order with Balcewicz Trucking & Salvage LTD, Incorporated for Storm Water violations at its Fremont Street facility in Worcester. Today's Order requires the company to submit a multi-sector general permit notice of intent, and develop and implement a storm water pollution prevention plan, and implement other standard operating procedures designed to lessen the impact of storm water exiting its facility.

12/8/08: MassDEP entered into a Consent Order with a $3,000 Penalty regarding Eric Bigelow and H. Patrick Thornton for Wetlands violations in Hudson. MassDEP personnel inspected the property, adjacent to Lake Boon, at the request of the Hudson conservation commission, and found that clear-cutting of trees and site-grading activities were conducted within a wetland buffer zone, that had exceeded the scope of work allowed under a determination issued by the con-com. Placement of dredge material from the hydro-raking of Lake Boon had also caused alteration along the bank and adjacent wetlands buffer zone. These activities were carried out in violation of the terms under which the property owners received under an order of conditions. Because of Inadequate and ineffective erosion controls at the site, unstable soils eroded into Lake Boon. A Unilateral Administrative Order was initially issued by MassDEP in June of 2008 requiring that all violations cease, and certain steps be taken to stabilize the site. Today's Order establishes a schedule to complete the restoration of altered wetland areas, but under a plan that is approved by MassDEP. The restoration work will include an adjacent property also impacted. These actions will result in the restoration of a total of one-half acre of wetlands buffer zone and 35 linear feet of bank along Lake Boon.

12/8/08: MassDEP has entered into a Consent Order with a $2,000 Penalty involving William and Linda Parker for Wetlands violations at their property located adjacent to Lake Boon in Hudson. MassDEP personnel inspected the property at the request of the Hudson conservation commission, and determined that clear-cutting of trees and site-grading activities had taken place within a wetland buffer zone. These activities exceeded the scope of work allowed under a determination issued by the con-comm. Placement of dredge material from the hydro-raking of Lake Boon had also caused alteration along the banking of the Lake and adjacent wetlands buffer zone. Inadequate and ineffective erosion controls at the site allowed the erosion of unstable soils into Lake Boon. MassDEP initially issued a cease order pertaining to ongoing actions in June of 2008, and outlined the steps needed to return the property to compliance. Today's Order establishes a schedule to complete restoration of altered wetland areas under a plan approved by MassDEP. These actions will result in restoration of a total of one-half acre of Wetlands buffer zone and 35 linear feet of bank along Lake Boon.

12/8/08: MassDEP issued a Declaration of Water Emergency to the Dalton Fire District in Dalton. MassDEP received a petition by the Dalton Fire District that sought allowance for the District to deliver water from an approved hauler into a portion of its distribution system. The Wahconah Falls service area was affected by a water main break. While the break was located and repaired, the District proposed to deliver water directly to the storage vaults for this area. The suspected break was located and repairs were underway, and expected to take one to two days to complete.

12/4/08: MassDEP entered into a Consent Order with a $5,750 Penalty involving Terra Drilling Company for Waste Site Cleanup violations at 582 Main Street, in Hudson. Specifically, Terra Drilling failed to notify MassDEP as soon as possible, but within two hours, after obtaining knowledge of a release of approximately fifteen gallons of hydraulic oil to soil at a Boston construction site. Terra Drilling agreed to pay a $2,875 with the other $2,875 suspended pending compliance with today's Order. Terra Drilling also agreed to develop and implement an Oil and Hazardous Material Release Reporting and Response Plan to be utilized by company employees, and to provide MassDEP with a copy of the Plan within 45 days. Additionally, Terra Drilling has agreed to penalties of $1,000 per day for any further violation of the release notification requirements within one year of today.

12/3/08: MassDEP entered into a Consent Order with a $2,500 Penalty regarding Marilou and Richard V. Bonetti for Wetlands violations at Taylor Road in Stow. MassDEP conducted an inspection of the property at the request of the Stow Conservation Commission, and determined that grading and filling had altered a bordering vegetated wetland and intermittent stream on the property. Work had also occurred within the 100-foot buffer zone. These activities were done in violation of an order of conditions issued by the Stow Conservation Commission. MassDEP initially issued a Unilateral Order in March of 2008, which required that all violations of stop, and outlined necessary steps to return the property to compliance. Today's Order establishes a schedule for completion of remedial actions and restoration of altered wetland areas as approved by MassDEP. Today's Order also requires that adequate erosion controls be maintained at the site until all work is completed, and that the disturbed areas are permanently stabilized. Restoration will involve 1,500 square feet of BVW and 100 feet of stream bank.

12/3/08: MassDEP entered into a Consent Order with the town of Holden that will bring its Mason Road well field into compliance with Drinking Water Regulations. Today's Order establishes a schedule for the permitting and construction of a permanent corrosion control treatment facility for this well field. The Town will now operate a temporary treatment facility at this location, and has conducted all required lead and copper testing in accordance with the Lead & Copper Rule. No exceedences have been reported. This action will ensure that the 15,000 residents served by this "Public Water System" will continue to receive water that is safe and fit to drink.

12/3/08: MassDEP issued a Notice of Intent to Assess a Civil Administrative Penalty (PAN) in the amount of $12,150 to Robert Kiley of Douglas for Solid Waste violations. MassDEP alleges that Kiley buried 38 computer monitors, a printer, and a snow blower engine in the back yard of his former residence prior to selling the property. Kiley is required to excavate all the buried solid waste materials and properly recycle or dispose of those materials.

12/2/08: MassDEP executed a Consent Order with a $32,000 Penalty with Haddad Service Station, Incorporated for Waste Site Cleanup violations at 205 Broadway in Somerville. As owner of the property, the company failed to meet cleanup deadlines set out in a MassDEP notice of noncompliance dated 6/5/08. Today's Order requires a phase two (assessment) report by 9/30/09, a phase three (selection of remedy) by 12/30/09; and, a phase four (implementation) report by 4/30/10. A final outcome is due no later than 10/30/10. MassDEP has agreed to suspend $22,000 pending full compliance with all terms of the Order.

12/2/08: MassDEP entered into a Consent Order with a $1,725 Penalty regarding Bodycote Thermal Processing, Incorporated for Air Quality violations in Worcester. Specifically, MassDEP observed repeat observations of visible emissions being discharged from a tempering furnace located at the company's facility. Bodycote treats metals parts for the automotive and aerospace industries. Despite improved pre-filtering on its oil quench process, visible emissions were repeatedly observed. Under the terms of today's Order, In addition to the Penalty, Bodycote will install an afterburner to control the emissions. The proposed air pollution control equipment will eliminate visible emissions from the furnace, reduce impaired visibility, and improve the air quality in this mixed industrial/residential area, which has been designated an Environmental Justice neighborhood.

12/2/08: MassDEP issued a Demand for Stipulated Penalties in the amount of $3,750 to Roofblock, LTD of Fitchburg for Waste Site Cleanup violations in Littleton. Specifically Roofblok failed to comply with the cleanup provisions of a previously-agreed Consent Order executed in May 2006. Roofblok failed to submit a phase two comprehensive site assessment report or a phase three remedy action plan pertaining to the Littleton site on or before 11/15/08 as required.

12/2/08: MassDEP issued a Notice of Intent to assess a $36,930 Civil Administrative Penalty to Donmiro Construction, a Framingham-based contractor for Asbestos violations in Holliston. In response to a request for assistance from the local health department, MassDEP conducted an inspection of an occupied residence in Holliston. MassDEP personnel observed evidence of the improper removal of asbestos-containing transite roofing materials. Today's Order cites violations of five Asbestos regulations.

12/1/08: MassDEP executed a Consent Order with a $37,625 Penalty regarding Cresset Development, Incorporated for Asbestos violations at.242 Northern Avenue in Boston. On 2/12/07 MassDEP responded to a complaint of improper asbestos removal and demolition at this location, the former Jimmy's Harborside Restaurant. During the inspection MassDEP personnel determined that approximately 200 linear feet of pipe had been damaged by improper demolition and salvage operations at the site. Cresset contracted for removal of asbestos containing material and demolition of the structure. During a follow-up inspection of the site MassDEP determined that removal of asbestos-containing material had commenced prior to sealing the work area and without the use of air cleaning equipment. Cresset will pay $22,000 with $15,625 suspended for a two year period pending compliance.

November 2008

11/25/08: MassDEP executed a Consent Order with a $5,000 Penalty involving Nulife Real Estate Development, LLC for Waste Site Cleanup violations at 392 Blue Hill Avenue in Boston. As owner and/or operator of the property, Nulife failed to meet deadlines set out in a MassDEP notice of noncompliance issued on 3/20/07. Today's Order requires an assessment and classification or final response action by 12/8/08. MassDEP has agreed to fully suspend the Penalty pending full compliance with all deadlines.

11/25/08: MassDEP executed a Consent Order with Ric-Mer Properties, Inc.for Waste Site Cleanup violations at 20 Railroad Street in Revere. Today's Order includes timelines for submittal of an assessment and final response action outcome for a release of oil at this location, which was originally reported to MassDEP in 1999. Today's action will lead to the cleanup of the petroleum contaminated groundwater and soil identified during the 1999 removal of a 1,000 gallon underground storage tank from the property.

11/25/08: MassDEP entered into a Consent Order with an $8,000 Penalty A.R. Sandri, Inc. for Hazardous Waste Management violations in Greenfield. The violations were discovered during MassDEP's inspection of the company's Greenfield facility, which is a licensed transporter. The company was delivering waste oil to its Northfield facility which is not authorized to accept waste oil and was not reporting this transfer to MassDEP. In addition the company was not using a manifest form specifically for this purpose. The company, which has subsequently cooperated with MassDEP, has agreed to address the violations. MassDEP has agreed to suspend $4,000 of the Penalty pending full compliance.

11/25/08: MassDEP issued a Demand for $1,000 in Stipulated Penalties involving Covanta-Pittsfield, LLC, for violations of an existing Consent Order. The company operates a municipal waste combustor facility in Pittsfield. The company, which had previously entered into an Administrative Consent Order to address, among other things, a violation with its carbon injection feed rate, failed to comply with its carbon injection feed rate for two days in October 2008.

11/25/08: MassDEP entered into a Consent Order with Margaret Matheny Rei for Waste Site Cleanup violations at 1243 Liberty Street in Braintree. The Respondent is the property owner and failed to comply with the deadlines established in a MassDEP notice of noncompliance. The Department identified violation of the requirement applicable to "Activity & Use Limitation (AUL)" that was recorded at the site. In a Notice of Audit Findings/Notice of Noncompliance, a sixty-day deadline was established for the correction of these violations. Prior to the expiration of this deadline, the Department received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations.

11/24/08: MassDEP issued a $10,700 Penalty Assessment Notice to Pinnacle Piping Inc.for Asbestos violations in East Longmeadow. The company, which is located in Westfield, was cited for violating state asbestos regulations discovered during MassDEP's complaint investigation of a residence located in East Longmeadow. The complainant reported an asbestos-insulated boiler had been cut free prior to instituting the appropriate asbestos removal, handling and disposal procedures.

11/24/08: MassDEP issued a Unilateral Order and a $23,570 Penalty Assessment Notice to the Estate of John and Carolyn Kossowan for Waste Site Cleanup violations at 20 Conant Street in Danvers. As owners of the property, where a release of oil occurred in March 2007 the Estate failed to submit a release notification within 120 days after obtaining knowledge of a release; failed to submit a release abatement measure plan and subsequent status report within timelines specified in the state regulations The Estate has also failed to remove remediation waste from the site of excavation within 120 days of its initial excavation. Today's Order requires the Estate to return to compliance within 120 days and to pay the Penalty within 21 days from the date of issuance.

11/21/08: MassDEP issued a Unilateral Order to Roger Scheurer of Schweitzer-Mauduit, Inc. for Wetlands violations at Laurel Lake in Lee. MassDEP issued the Order due to construction work that resulted in unauthorized alteration of jurisdictional resource areas, including not only the drawdown, but removal of substrate of the lake, placing fill (rip-rap) on the face of the dam and depositing sediment in a resource area without filing the required Notice of Intent. Today's Order requires the Respondent to immediately cause the water level in Laurel Lake to return to a normal pool level and cease and desist further activity within or upon this resource areas and associated buffer zones. The respondent is also required to submit a report to MassDEP detailing its work and any impacts caused by this work. In addition, the Respondent is required to immediately notify Massachusetts Natural Heritage and Endangered Species Program (NHESP).

11/20/08: MassDEP issued a Cease-and-Desist Order to George Millet of Hawkeye Fence Company for Wetlands violations at Manley Street in Brockton. MassDEP found that Millet, operating as Hawkeye Fence Co, was in violation for having filled Bordering Vegetated Wetlands without a valid Order of Conditions.

11/20/08: MassDEP entered into a Consent Order with a $4,315 Penalty involving 120 Mount Pleasant, Inc.for Waste Site Cleanup violations at 106 Quincy Street in Dorchester. The company is the owner/operator of this site where a release of approximately one inch of separate phase gasoline in groundwater at the site was detected and not reported to MassDEP as required within 72 hours. In light of the fact that the party's consultant did notify MassDEP of the release (although notification was late), and appropriate actions were taken to remedy the condition, MassDEP agreed to suspend the entire Penalty, in the event that no further violations occur within one year. 120 Mount Pleasant, Inc. is also required to develop and implement for its employees and contractors a plan for how it will report and respond to oil and hazardous material releases, and to provide a copy of the plan to MassDEP within 45 days. Further, today's Order contains stipulated penalties of $1,000 per day for any violation of the requirements.

11/19/08: MassDEP entered into a Consent Order with a $7,595 Penalty involving Kirkwood Printing Company, Inc. for Air Quality and Hazardous Waste Management violations in Wilmington. Kirkwood is certified by MassDEP to operate under the Environmental Results Program (ERP). However, a multimedia inspection based upon a manifest database search revealed the company was operating out of status as a large quantity generator of hazardous waste when they were registered as a small quantity generator of hazardous waste. Today's Order requires Kirkwood to bring the facility into compliance. MassDEP has agreed to suspend $6,020 pending full compliance over two years.

11/19/08: MassDEP entered into a Consent Order with a $28,580 Penalty involving Bomco, Incorporated for Hazardous Waste violations at its Gloucester facility. Bomco is a manufacturer of precision formed metal components for military and commercial applications. A multimedia inspection revealed the company was operating out of status as a large quantity generator of hazardous waste when they were registered as a very small quantity generator of hazardous waste. Today's Order requires Bomco to bring the facility into compliance. MassDEP has agreed to suspend $13,010 of the Penalty pending compliance for a period of one year.

11/18/08: MassDEP issued a Demand Notice to Daniel S. Burack for $500 in Stipulated Penalties for failing to meet terms of a Consent Order involving Hayden Pond in Otis. Burack was required to receive a Negative Determination from the Conservation Commission, or that he would file a Notice of Intent prior to conducting activities/work at the subject site. Work was conducted wherein fill was placed in the riverfront area of the west branch of the Farmington River, without any filing of a Notice of Intent. This constituted a violation of regulations and the Consent Order.

11/18/08: MassDEP issued a Unilateral Order to the town of Sterling's Department of Public Works requiring the town to keep the Worcester Road Wells out of service due to elevated levels of perchlorate in Well #2C. The maximum contaminant level for perchlorate was reported to have been exceeded in October 2008, and was identified through the routine monitoring conducted for the supply. The Worcester Road Wells were already taken off-line for maintenance, and through today's Order the town is required to keep the wells off-line until authorization from MassDEP is issued to reactivate them. The town will also continue to test for perchlorate and conduct an investigation to determine the possible causes of the perchlorate contamination. A report to MassDEP is required within 30 days that will describe the corrective measures taken. MassDEP has also issued requests for information to a nearby facility and to a blasting company in order to determine whether blasting activities may have contributed to the perchlorate concentrations detected in the well. These actions will ensure that the 8,020 residents served by the public water supply will continue to receive water that is safe and fit to drink.

11/17/08: MassDEP issued a Consent Order with an $18,500 Penalty involving A Plus Waste Removal for Solid Waste violations at 88 River Street in Middleborough.
As owner and operator of an unpermitted solid waste handling facility, the company was found to have stored full solid waste containers on the property without a solid waste site assignment from the Middleborough Board of Health or facility construction and operation permits from MassDEP. The parties were required to, and have, removed all full solid waste containers from the site.

11/17/08: MassDEP entered into a Consent Order with a $63,000 Penalty involving the Hardwick Landfill, Inc for Solid Waste violations in Hardwick. MassDEP issued an Administrative Consent Order to Hardwick Landfill, Inc. for various violations observed at the Hardwick Landfill. As part of the settlement, Hardwick Landfill, Inc. will pay a $63,000 penalty. The landfill is currently undergoing closure.

11/17/08: MassDEP issued a Consent Order with a $5,000 Penalty involving Jeffrey Warner for Wetlands violations at Wells Drive in Cheshire. MassDEP found that Warner was placing fill in the 100-year floodplain (bordering land subject to flooding) in noncompliance with approved plans and conditions that was obtained for the work - in a superseding order of conditions. MassDEP found that fill was place in a resource area of approximately 5,000 square feet. Today's Order requires the Respondent to remove all fill from the resource area, restore the original grade, stabilize the slopes, and restore the area in compliance with original approved plan. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance.

11/14/08: MassDEP entered into a Consent Order with a $1,950 Penalty involving Aero Tec Environmental Inc. for Asbestos violations in Northborough. Gregory W. Harding is a licensed asbestos removal contractor d/b/a Aero Tec Environmental Inc. was conducting work on 5/20/08 at the Northborough Rod & Gun Club. Under the terms of the Order, Harding has agreed to comply with all applicable regulations in the future, and pay a $1,700 Penalty. An additional $250 was suspended provided that the company has no additional violations for a one-year period.

11/14/08: MassDEP executed a Consent Order with George Makrigiannis for Waste Site Cleanup violations at 371 Beacon Street in Somerville. Makrigiannis is the owner of the property and has agreed to comply with timelines including the submittal of a permit extension by 11/14/08. Thereafter, a status (or completion) report on the immediate response actions taken is due by 1/31/09. Also, a report on phase two is due by 6/30/09, a phase four report by 8/30/09 and a final response action statement by 1/31/10. This site was originally reported to MassDEP in 1992 and today's enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil.

11/14/08: MassDEP executed a Consent Order with Holistic Family Practice, Inc. for water violations at 65 Newburyport Turnpike in Newbury. Positive e.coli samples (repeated) which were obtained from a well that is used for domestic purposes such as drinking water or hand washing were reported. As this may pose an unacceptable risk to consumers, MassDEP instructed this facility to perform an inspection on the septic system for location purposes and to provide plans to replace existing septic system. The respondent has agreed to take the corrective actions.

11/13/08: MassDEP executed a Consent Order with a $6,500 Penalty involving Rent-A- Tool, Inc. for Wetlands violations at 777 North Shore Road in Revere. MassDEP noted the violations during an inspection of an abutting property. The violations included alterations, and the resultant debris deposits to approximately 1,200 square feet of salt marsh. Under the terms of today's Order, Rent-A-Tool is required to fully restore the salt marsh, including long-term monitoring. MassDEP has agreed to suspend $3,000 of the Penalty pending full compliance.

11/13/08: MassDEP entered into a Consent Order with a $34,500 Penalty involving Boston Financial Data Services, Inc. for Air Quality violations at 2000 Crown Colony Drive, Quincy. The violations involved the installation and operation of two emergency generators at its facility without having received the required written approval from MassDEP. The facility, however, proactively informed MassDEP that it had installed and operated the emergency generators. The facility has subsequently filed the required (non-major) comprehensive plan application. In addition to the Penalty, the facility agreed to pay $2,080 in unpaid compliance fees. MassDEP has agreed to suspend $17,250 of the Penalty amount pending continued compliance by the facility for the next six months.

11/10/08: MassDEP entered into a Consent Order with Anthony J. Crea for Waste Site Clean Up violations in Pittsfield. Crea is the owner and operator of the property at 483 West Housatonic Street in Pittsfield where a release of oil or hazardous materials was reported in 19944. Crea failed to submit cleanup reports within the deadline, namely the required tier classification or final response action outcome. Prior to this, on 9/16/08, MassDEP sent Crea, a notice of noncompliance. Under the terms of today's Order, new deadlines for completing the cleanup have been established. Either a tier classification or a final response action outcome is due in January, 2009 (or a financial inability application

11/7/08: MassDEP issued n Holden. ECC formerly operated a printed circuit board manufacturing facility in Holden, but the company ceased operations in July 2005. The facility has been unoccupied since that time and MassDEP found nine Hazardous Waste Management violations.

11/7/08: MassDEP issued a Unilateral Administrative Order to ECC Corporation of Holden for Hazardous Waste Management violations and issued a Notice of Intent to Assess a $40,520 Penalty. This facility formerly operated a printed circuit board manufacturing facility but ceased operations in July 2005. The facility has been unoccupied since that time. ECC failed to take the necessary actions required to secure and close the facility appropriately, leaving numerous tanks, drums and other containers of hazardous wastes and raw chemical products in the facility. From February 26 through to April 02 of 2007, representatives of the U.S. Environmental Protection Agency and its contractor conducted clean-up activities at the site. Today's' Order requires the company to: provide written documentation of all EPA-related waste removal and disposal activities taken at the location; provide written documentation that all remaining equipment and structures have been properly decontaminated; submit a post-closure plan detailing the company's proposed maintenance, monitoring and reporting activities regarding its former hazardous waste lagoon; and submit final recycling reports for 2004 and 2005, the Company's last years of operation.

11/6/08: MassDEP executed a Consent Order with East Longmeadow Department of Public Works for Water Supply violations at in East Longmeadow. East Longmeadow's recent lead and copper monitoring report showed that it had exceeded the allowable action level for lead. Today's Order includes requirements to investigate the cause of the exceedence, conduct public education and conduct corrective actions. East Longmeadow will be working with the EPA's Office of Research Development during this investigation to improve its understanding of such water quality issues in public water systems that use this type of disinfection process.

11/6/08: MassDEP entered into a Consent Order with the town of Wales regarding Public Water Supply compliance at its renovated Senior Center. The town has agreed to conduct the required testing on this facility which is served by a single well and operates as a public water supply. The town will seek and obtain the proper permits by January 2009.

11/6/08: MassDEP executed an Amendment to an existing Consent Order with Bachelor Knolls for Water Supply compliance at its location in Granby. MassDEP agreed to allow Bachelor Knolls additional time - until 12/31/09 - to locate and install a new public water supply source (well) or to install reserve tank.

11/6/08: MassDEP executed a Consent Order with a $5,432 Penalty involving Sayagyi U Ba Khin Memorial Trust for Drinking Water violations in Shelburne. MassDEP found that the Trust, which operates the Vipassana facility in Shelburne, had installed a new source and a new storage tank, making substantial modifications to its public water system without prior approval. Under the terms of today's Order, MassDEP has agreed to suspend $860 of the Penalty and the Trust has agreed to seek and obtain the required permits for the tank and well, in addition to other system improvements.

11/6/08: MassDEP entered into a Consent Order with a $35,000 Penalty involving Peachtree Design Group, Inc. for Wetlands violations in Russell. The violations occurred during the construction of two single family homes. Peachtree clear cut trees along approximately 90 feet of river bank, and a swath of land approximately 100 feet wide in the buffer zone of Russell Pond. In addition, upland construction activities resulted in erosion and transport of sediment into Russell Pond, altering approximately 210 square feet of land under water. Today's Order requires the Group to submit and implement a stabilization plan and a restoration plan. MassDEP has agreed to suspend $10,000 of the Penalty pending full compliance with the terms of the Order.

11/6/08: MassDEP executed a Consent Order with a $2,000 Penalty involving Patty's Auto Parts, Incorporated for Waste Site Cleanup Violations at 2A Salem Turnpike in Saugus. Patty's is the owner and/or operator of the property, and has failed to meet deadlines required by a previous Consent Order executed on 5/26/05. Today's Order requires a phase three (remedy selection) report by 3/1/09, a phase four (implementation) by 6/1/09, and a final response outcome by 1/1/11. In addition to the Penalty, today's Order contains a provision for stipulated penalties for any missed deadlines.

11/5/08: MassDEP issued a Notice of Noncompliance to Wood Waste of Boston, Inc.for Solid Waste violations at 85-87 Boston Street in Everett. Wood Waste operates a construction and demolition waste processing facility where on three separate days during October 2008, MassDEP confirmed dust and odors from this facility's activities resulted in the creation of nuisance conditions and conditions of air pollution in the area around the facility. Today's Notice directs Wood Waste to immediately cease creating a condition of air pollution and take the necessary actions to prevent nuisance conditions and conditions of air pollution from recurring; and, to operate and maintain this facility in compliance with the site assignment and any permits/plan approvals.

11/5/08: MassDEP sent twenty (20) Notices of Noncompliance to various mercury-added lamp manufacturers under the state's Mercury Lamp Certification Enforcement. MassDEP informed the manufacturers that have not submitted compliance certifications and/or data on the number of lamps they offer for sale in Massachusetts as required by MassDEP. These regulations were promulgated under the state's Mercury Management Act. MassDEP also sent a separate Notice of Noncompliance to the trade association that was responsible for implementing a mercury lamp recycling public education plan on behalf of manufacturers.

11/4/08: MassDEP executed a Consent Order with a $6,000 Penalty involving Cesyl Mills Inc. for Air Quality Control violations in Millbury. MassDEP fond the company was violating smoke and odor regulations. In addition to the Penalty, the company has agreed to comply with all applicable regulations and apply for a non-major air quality plan approval.

11/3/08: MassDEP entered into a Consent Order with a $9,570 Penalty involving Air Quality Experts for Asbestos violations in Amherst. Today's Order involves violations that occurred at the University of Massachusetts in Amherst. During MassDEP's inspection of an asbestos removal operation at the Leach dormitory on 6/28/07, MassDEP observed that the asbestos notification for this work had expired on 6/15/07, but the company continued working despite being instructed by university representatives to submit a new notification. Rather than immediately notifying MassDEP in order to extend the work date, the notification form was altered at the work site by company's site supervisor. MassDEP has agreed to suspend $4,770 pending the company's full compliance for a one-year probationary period.

11/3/08: MassDEP entered into a Consent Order with a $15,000 Penalty involving Pittsfield Plastics for Hazardous Waste Management violations in Pittsfield. The violations were discovered during MassDEP's inspection which found the company's hazardous waste and waste oil generation was not meeting some of MassDEP's hazardous waste management requirements, and was operating without an air pollution control plan approval. Some of the hazardous waste management violations entailed missing signs and labels for containers of hazardous waste and waste oil, not clearly delineating areas where containers of hazardous waste and waste oil were being stored, failing to keep containers of hazardous waste closed, and failing to have adequate aisle space for the storage of hazardous waste. The company, which cooperated with MassDEP during enforcement negotiations, has been working to address the compliance issues. Under today's Order, MassDEP has agreed to suspend $10,000 of the Penalty pending compliance with the terms of the agreement which includes the implementation of a hazardous waste reduction plan.

11/3/08: MassDEP entered into a Consent Order with a $6,000 Penalty involving VCA Montgomery Road (a division of VCA Animal Hospital) for Water Pollution Control (wastewater) violations in Westfield. The facility was found to have violating state regulations governing hazardous waste management, air pollution control, and industrial wastewater during an inspection by MassDEP. The inspection revealed that the company was operating an animal crematory without an air pollution control plan approval, did not post the required signage and properly mark its hazardous waste storage area. Also, via its septic system, the facility was discharging wash/rinse water generated from the processing of x-ray film without a groundwater discharge permit. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance with the terms and conditions of the agreement. The company has agreed to dismantle its crematory unit and maintain compliance.

11/3/08: MassDEP entered into a Consent Order with Mayhew Steel for Toxics Use Reduction Act violations in Shelburne Falls. In response to the receipt of a MassDEP Notice of Noncompliance on 5/21/08 regarding hazardous waste management violations, Mayhew Steel obtained the services of a consultant and performed an extensive self-audit of their entire facility. Mayhew Steel then disclosed to the MassDEP, that it needed to comply with TURA reporting requirements. Under the terms of today's Order, Mayhew Steel will be required to file reports of chemical usage for the years 2005, 2006 and 2007 and submit plan summaries for the years 2005 and 2008. In addition, the company will pay the associated annual compliance assurance fees for each of these years, and pay late filing fees of $1000 for each of these three years.

11/3/08: MassDEP entered into a Consent Order with the town of Brookfield to resolve the town's failure to meet response action deadlines for a release of fuel oil and metals that occurred at the former Brookfield Mill. The town had received a Notice of Noncompliance from MassDEP in July 2007, and subsequently failed to meet deadlines for returning to compliance. Under the terms of today's Order, the town has agreed to submit a phase three (remedy selection) by 3/31/09 and a phase four (implementation) by 6/30/10, and a completion by 10/31/10. In addition, today's Order contains stipulated penalties for any missed deadlines.

11/3/08: MassDEP entered into a Consent Order with Riverside Community Mental Health & Retardation Center, Incorporated for Water Supply violations in Upton. Today's Order establishes an enforceable schedule for the development of an approved non-transient, non-community public water system at this facility. Further, the owner is required to operate the on-site well in accordance with the requirements for a public water supplier, which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements, and recording the public water supply in the registry of deeds. Through this Order, the owners also agree not to expand the facility to result in an increase in water demand unless first approved by MassDEP. This action will ensure that anyone served by this public water system will continue to receive water that is safe and fit to drink.

11/3/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving the town of Grafton for Waste Site Cleanup violations, specifically, the town's failure to meet response action deadlines as previously required in a MassDEP Notice of Noncompliance. Today's Order requires the town to submit a phase two (comprehensive site assessment), phase three (remedial action), phase four (remedy implementation) and final response action outcome.

October 2008

10/31/08: MassDEP entered into a Consent Order with Gill Pond Realty Trust for Waste Site Cleanup actions at the former Zimble Drum site in Norwood. The Trust owns the site, which is currently vacant though the Trust plans to redevelop the property into residential condominiums. The Trust has applied for a Brownfields Covenant Not to Sue through the Massachusetts Attorney Generals' office. A review of the 'covenant' revealed that $1,800 is due to MassDEP for prior removal of drums from the site and that the property. MassDEP and the Trust entered into today's Order to settle the payment of the past costs and establish new deadlines for submitting required submittals.

10/31/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving Webville Realty, LLC for Industrial Wastewater violations at 30 Colpitts Road in Weston. MassDEP Environmental Strike Force found that a dentist office located on property owned by the company had no MassDEP approved amalgam separators, and that Webville Realty was maintaining a 2500 gallon waste and holding tank containing mercury and silver, and had installed, maintained and operated such underground tank within a Zone A of a public drinking water supply in violation of state regulations. Records kept did not describe the industrial waste water, did not identify the name and address of the receiving facility, did not provide verification of receipt by the receiving facility, and did not identify the name and vehicle registration number of the hauler. Further, the company will decommission the current system and commence installation of a compliant system.

10/31/08: MassDEP issued a Declaration of a Water Emergency to the Whatley Water District following the petition of the District. Today's action enables the District to use an alternate water source so it can repair its water storage tank as required. Repairs to the tank were required following bacteria detections and a boil order.

10/30/08: MassDEP executed a Consent Order with a $9,000 Penalty involving LKQ Route 16 Used Auto Parts, Inc. for Hazardous Waste Management and Drinking Water violations in Webster. During an inspection of the property, MassDEP and the Webster Board of Health confirmed that the company was operating an unapproved public water system and it had exceeded its allowable hazardous waste generation rates at its waste oil collection area. In addition the company was operating a waste oil burner without prior notification. The company has agreed to bring the facility into compliance by connecting to an alternative water supply source on the property, and providing the required water quality monitoring, system oversight, and treatment to the supply. The Hazardous Waste violations have been corrected. These actions will ensure that anyone served by this Public Water Supply will continue to receive water that is safe and fit to drink, and that on-site generated hazardous wastes are properly managed and disposed.

10/30/08: Top Notch Abatement, Southbridge (CERO): MassDEP executed a Consent Order with a $3,000 Penalty involving Russell A. Orcutt, d/b/a Top Notch Abatement for Asbestos violations in Southbridge. MassDEP observed the company, which is a licensed asbestos abatement contractor, during a January 2008 inspection at a job site involving a residential property. Under the terms of the Order, the company will comply with all applicable regulations in the future. MassDEP agreed to suspend $600 provided the company has no similar violations within the next one-year period.

10/30/08: MassDEP executed a Consent Order with Gloucester Marine Railways Corp., for Waste Site Cleanup violations at 81 Rocky Neck Avenue in Gloucester. GMRC is the owner/operator of a site where it failed to submit applicable phased-cleanup reports and a final outcome statement within the deadlines. After MassDEP notified GMRC of its noncompliance, the company contacted MassDEP with a proposed schedule to return the site to compliance, which is memorialized in today's Order. Today's Order establishes stipulated penalties (of $1,000 per day) for any future violations involving today's Order.

10/30/08: MassDEP issued a Unilateral Order to the town of Westport (the Highway Department) for excavating beach sediments at East Beach and depositing them onto another part of the barrier beach without an Order of Conditions. Today's Order requires the Highway Department to cease and desist the activities and to contact and coordinate with MassDEP in order to schedule an Enforcement Conference in the near future.

10/29/08: MassDEP entered into a Consent Order with Sure Oil & Chemical Corp. for noncompliance with Waste Site Cleanup violations at 527-533 North Main Street in Randolph. Sure Oil is the owner of a former gasoline station at the site. MassDEP issued a notice of noncompliance in June, 2008 and the company failed to complete response actions at the site in a timely manner. Sure Oil contacted MassDEP for additional time to complete the work at the site and today's Order establishes deadlines for Sure Oil to complete response actions and establishes stipulated penalties should the company fail to comply with the timetable.

10/29/08: MassDEP entered into a Consent Order with C & L Realty for Waste Site Cleanup violations at 116 Washington Street in Plainville. C & L Realty is the owner of the site where in August, 2008 the company failed to complete response actions in a timely manner. C & L Realty contacted MassDEP at that time and requested additional time to complete work at the property. Today's Order establishes deadlines for the company to complete response actions and establishes stipulated penalties should the company fail to comply with the agreed upon timetable.

10/29/08: MassDEP entered into a Consent Order with Fox River Trust for Waste Site Cleanup violations at 70 Frank Mossberg Drive in Mashpee. The Trust owns an industrial property at this location where it failed to conduct response actions at the site in a timely manner. Today's Order establishes deadlines for the Trust to complete response actions at the site and establishes stipulated penalties should the Trust fail to comply with the timetable.

10/29/08: MassDEP entered into a Consent Order with Consolidated Aluminum Corporation for Waste Site Cleanup violations at North Adams. The company is former owner and operator of the property located at 506-508 State Road in North Adams. Specifically, the violations were for failure to submit cleanup plans and reports by the deadlines established. Conalco stated that unresolved issues of obtaining access agreements and cleanup responsibilities, contributed to the delay in conducting response actions. New deadlines have now been established for the completion of response actions and submittal of required documents. Today's Order also contains stipulated penalties should any future noncompliance with requirements established in today's Order.

10/29/08: MassDEP entered into an Amendment to an existing Consent Order with George A. Kelly for Waste Site Cleanup violations at 758 Union Street in West Springfield. As the owner of the property, Kelly agreed that while there had been considerable delay in performing required response actions at this location, he noted considerable resources had been diverted to another cleanup. Today's Order establishes new deadlines including a 12/15/08 submittal of a revised cleanup implementation plan and a deadline of 2/27/09 for submittal of as-built construction report and a final inspection and completion statement.

10/28/08: MassDEP entered into an Agreement with Superior Printing Ink Co. of Marlborough for Toxics Use Reduction Act (TURA) violations. Under today's Agreement, the company will implement a Supplemental Environmental Project (SEP) that calls for water conservation measures and submit its late 2005 Toxics Use Reduction Act (TURA) report. The water conservation includes implementing a $98,000 closed-loop non-contact cooling water recycling system that will save between 3.5 million and 8.3 million gallons of water per year, depending on the plant's operating capacity. If Superior completes this SEP by 12/15/08, MassDEP will waive all but $9,857 of the $37,607 it initially proposed for the TURA violation.

10/28/08: MassDEP executed a Consent Order with a $21,000 Penalty involving Howard Wolpert as trustee for Atlantic Beach Realty Trust for Wetlands violations at 141 Beach Road in Salisbury. Using aerial photography, wetlands violations were identified, and later confirmed, that approximately 9,000 square feet of bordering vegetated wetland had been altered on the site by removal of vegetation, grading and placement of fill material. Today's Order requires full restoration of BVW, long-term monitoring and initial payment of $4,000 of the Penalty. The additional $17,000 will be suspended in increments tied to restoration performance criteria and satisfactory progress in meeting deadlines.

10/28/08: MassDEP executed an Amended Consent Order with Dr. and Mrs. James Rippe, for Wetlands violations at 475 Glen Road in Weston. The original Order was the result of Wetland Protection Act violations and required a large comprehensive restoration work of a pond, bordering vegetated wetland and wildlife habitat, along with long-term monitoring. The plan also included significant invasive species eradication and control. Based on the very successful results of the restoration since 2005 and the Rippe's voluntary proposal to perform wetland resource area functional restoration activities beyond what was originally required; today's Amended Order extends the time frame for completing the wetland restoration activities and incorporates additional invasive species control and wildlife habitat enhancements.

10/28/08: MassDEP issued a $46,412.50 Penalty Assessment Notice to the Bruce LaPierre, d/b/a Certified Residential Roofing and Siding for Asbestos violations in Worcester. MassDEP observed the violations during an October 2006 inspection of an asbestos removal project being conducted by the Company at a Worcester residence.

10/27/08: MassDEP entered into a Consent Order with a $5,350 Penalty involving William Street Corp. for Asbestos violations at 100 North Front Street in New Bedford. The company failed to notify MassDEP for a demolition operation involving asbestos containing materials (ACM), in violation of MassDEP regulations. The company failed to adequately remove ACM from the facility component prior to the demolition of the building.

10/28/08: MassDEP was informed by Attorney General Martha Coakley's office that Mantrose-Haeuser Company and Zinsser Company entered into a settlement agreement with resolving the MassDEP enforcement case involving alleged Air Quality and other environmental laws at an Attleboro manufacturing facility, which is located in a residential neighborhood adjacent to the Ten Mile River. The companies have agreed to pay $2 million in Civil Penalties and $300,000 toward two Supplemental Environmental Projects (SEPs). Under each SEP, a program to benefit public health and the environment will be drafted, funded and implemented by Mantrose and Zinsser.

10/27/08: MassDEP entered into a Consent Order with Harris Energy and Realty Corporation for Waste Site Cleanup violations in Holyoke. The Trust is owner of the property located at 20 Water Street in Holyoke where it failed to submit the assessment (Phase II and III) by the deadline. A Notice of Delay in Submitting a Phase II Report and a Phase III Plan, however, was submitted to MassDEP. New deadlines have now been established for submitting Phase II Report and the Phase III Plan by 3/16/09. Today's Order also serves as a Notice of Noncompliance, and contains stipulated penalties should future noncompliance with MassDEP regulatory deadlines occur.

10/23/08: MassDEP entered into a Consent Order with $1,500 Penalty involving James Springer for Asbestos violations at 12 Viviani Street in South Hadley. Springer failed to comply with MassDEP's regulations, specifically related to the handling and disposal of asbestos while removing asbestos-transite shingles from his residence. MassDEP agreed to suspend the Penalty provided Springer remains in compliance with the asbestos regulations for one year.

10/23/08: MassDEP has entered into a Consent Order with a $2,000 Penalty involving Nicholas Ryan and Matthew Yarrows for Asbestos violations in Springfield. Two licensed asbestos workers for violating state asbestos regulations. The violations were discovered during MassDEP's complaint investigation at a private home in Springfield. The complainant alleged that Matthew Yarrows, a Massachusetts licensed asbestos worker, and Nicholas Ryan, a Massachusetts licensed asbestos supervisor, were going to remove asbestos thermal insulation and demolish a boiler in the residence without instituting the appropriate asbestos handling and disposal procedures. In individual Consent Orders with MassDEP, the men each agreed to pay a penalty of $3,000, with $2,000 of each Penalty will be suspended for two years provided that each of the men complies with the terms of their respective Consent Orders and continues to comply with the asbestos regulations.

10/22/08: MassDEP executed a Consent Order with the Town of Medfield for Water Pollution Control violations. Today's Order establishes a compliance schedule for the implementation of Infiltration and Inflow control plan for Medfield's municipal sewer system. The town's submitted plan has been approved by MassDEP as part of the issuance of the facility's discharge (NPDES) permit. Under today's Order, the actions adopted will provide needed infrastructure upgrades to the sewer system to remove extraneous flows and ensure proper conveyance and treatment of 1.52 million gallons of wastewater per day.

10/22/08: MassDEP Suspended the Hazardous Waste Transporter License of New York-based Price Trucking Corp. for failing to pay hazardous waste transporter fees owed on shipments of hazardous waste collected from Massachusetts generators. Price has so far paid only $50,000 of $108,000 in accumulated fees. MassDEP will not lift the license suspension until Price pays the entire overdue balance.

10/22/08: MassDEP executed a Consent Order with Ledgewood Estates Condominium Trust for Water Supply compliance in Grafton. Today's Order provides the Trust an enforceable schedule for its development of an approved community public water system at the Laurel Hill Condominiums located on Milford Road in Grafton. The schedule requires the Trust to operate its on-site well in accordance with regulations, including the hiring of a certified operator, a monitoring program, metering water usage and providing an alternative emergency source of water. The Order ensures that the complex, with a capacity for 48 persons, will be served with water that is safe and fit to drink.

10/22/08: MassDEP executed a Consent Order with a $1,200 Penalty involving Incom, Inc. for Hazardous Waste Management violations in Charlton. During a MassDEP review of the operations at another Incom facility, the company noted it was generating hazardous waste for the last two years than it is allowed by its registered status. The company promptly re-registered and notified MassDEP of its violation. Today's Order requires the company to comply with applicable regulations and pay a $1,200 Penalty (of which $1,050 in unbilled and unpaid compliance assurance fees for 2006 and 2007). This action will ensure proper management of hazardous waste going forward.

10/22/08: MassDEP executed a Consent Order with an $8,800 Penalty involving Archer Rubber, LLC, for Hazardous Waste Management violations in Milford. During a routine inspection, the company was found to be storing volatile organic compounds in open containers and discharging industrial wastewater to the ground without a permit. This facility was also found to be in violation of numerous other hazardous waste management and Toxics Use Reduction Act requirements. In addition to the Penalty, today's Order requires the company to comply with all applicable requirements and ensure proper management of hazardous waste and industrial wastewater going forward.

10/21/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving the Bowdoin Construction Corp. for Demolition (Air Quality) violations at 482 Bennington Street in East Boston. MassDEP responded to the location as a result of a call from the Boston Fire Department. During the inspection MassDEP personnel observed that a subcontractor of Bowdoin was demolishing the building at the site. This demolition was performed without notifying the Department as required the by the regulations. MassDEP has agreed to suspend $500 of the Penalty pending compliance for a period of one year.

10/21/08: MassDEP entered into a Consent Order with EZ Disposal Service, Inc. for Demolition (Air Quality) violations at 482 Bennington Street in East Boston. On 7/2/08 MassDEP responded to the location as a result of a call from the Boston Fire Department and during the inspection observed that EZ was demolishing the building at the site without notifying the Department as required the by the regulations. MassDEP has agreed to suspend $500 of the Penalty pending full compliance for one year.

10/21/08: MassDEP was notified of a Settlement in Suffolk Superior Court involving Global Petroleum and Irving Oil relative to the release of oil to Chelsea Creek and Mill River. The Massachusetts Attorney General's Office and MassDEP reached a settlement with Global Petroleum and Irving Oil as to responsibility for the 2006 spill of about 18,000 gallons of fuel oil. The spill contaminated the Chelsea River and Mill Creek in Revere and Chelsea. The oil was released from a fuel loading dock jointly owned and operated by Irving Oil Corporation, Irving Oil Terminals Inc. (together, "Irving"), and Global Petroleum Corp. ("Global"). Under the settlement, Irving and Global will pay a total of $312,500 into the Natural Resource Damages Trust. On 3/8/06, during maintenance work, contractors hired by Irving removed at least one check-valve, leaving an uncapped pipeline. Global personnel then attempted to transfer fuel oil through the open pipeline, spilling about 20,000 gallons of oil, approximately 18,000 of which flowed into the Chelsea River and Mill Creek. The Commonwealth is holding both Irving and Global responsible for the unpermitted release under the Massachusetts Clean Waters Act. The companies are being assessed a $50,000 civil penalty for this violation. The complaint also alleges that neither Irving nor Global took steps required under Massachusetts regulations to assess whether further remediation of the impacts of the spill was required. Irving filed an unsupported report that concluded no further action at the site was required, and Global ratified and adopted Irving's conclusions. The Commonwealth is imposing a $50,000 civil penalty for the Parties' failure to perform the required assessment. A $12,500 civil penalty was assessed for damage to natural resources. A Supplemental Environmental Project (SEP) which directs the Parties to pay into the Natural Resource Damages Trust a sum of $200,000 to help mitigate the environmental impacts of spills at and around the site. In addition to the penalty, the Parties must comply with cleanup regulations and submit a revised final (Response Action Outcome) report for the site.

10/20/08: MassDEP entered into a Consent Order with the town of Amherst - Department of Public Works in Amherst concerning bacteria detections within the distribution system of the public water system in May and August 2008. The system operators detected, reported and responded to exceedence of the maximum contaminant level for total coliform bacteria. Today's Order requires Amherst to submit a corrective action plan to prevent further violations; to issue appropriate public notification; and, to submit an updated emergency response plan.

10/17/08: MassDEP entered into a Consent Order with a $3,017 Penalty involving Waste Management for Solid Waste violations at LoRusso Corporation in Plainville. Waste Management contracted with LoRusso for the disposal of a short paper fiber waste material at this facility which is not approved to accept such material for re-use or disposal at their organics recycling facility. Waste Management's action constituted a Solid Waste violation. Waste Management will pay a penalty of $3,017. In addition, Waste Management has agreed to fund and conduct a Supplemental Environmental Project (SEP) which will involve an Electronic Waste Collection day in a Massachusetts community.

10/17/08: MassDEP executed an Amendment to an existing Consent Order with Silverleaf Resorts in New Ashford regarding compliance with septic system (Title 5 - Water Pollution Control) regulations. Today's Order provides for Silverleaf to use an existing Title 5 facility on its property at Snowy Owl Resort in New Ashford

10/17/08: MassDEP executed a Consent Order with Macs Contracting, Inc. for Asbestos violations at 130 Portland Street in Boston. On 8/12/08, MassDEP personnel responded to a request from the Boston Fire Department and Boston Police Department to inspect the location. During that inspection, MassDEP personnel determined that Macs had commenced demolition/renovation at the site without notifying MassDEP and that the demolition/renovation had impacted asbestos containing material. This material had not been removed prior to demolition work, as is required by the regulations. MassDEP has agreed to suspend half ($12,787.50) of the Penalty provided Mac's demonstrates full compliance with all applicable regulations for a period of one year.

10/17/08: MassDEP executed a Consent Order with Lavoie's Ballard Landing, Inc. for Waste Site Cleanup violations at 130 Ballard Street in Saugus. Specifically, the violations identified are: failure to submit assessment and implementation plans (Phases II, III & IV) within the deadline established in a notice of noncompliance issued by MassDEP on 2/25/08. The Phase II and Phase III Reports were subsequently submitted on 10/10/08. New deadlines have now been set in today's Order to return to compliance with the submittal of a Phase IV by 12/21/08 and either a temporary or final outcome statement by 12/21/10. Finally, Lavoie's Ballard Landing, Inc. has agreed to pay - in the event of any noncompliance with today's Order occurs - $1,000 per day in stipulated penalties.

10/16/08: MassDEP entered into a Consent Order with a $20,000 Penalty involving Granite State Concrete Co., Inc. for Solid Waste and Wetlands violations at 520 Groton Road in Westford. The company operates a ready-mix concrete business at this location where the violations were found during a MassDEP inspection in December of 2006 and March 0f 2007. Initially, MassDEP observed the changes using aerial photography and later confirmed on-site the alteration of 1,000 square feet of bordering vegetated wetland, 50 feet of riverbank and 500 square feet of land under water. These alterations were not authorized by any permits. Staff additionally found a dumping ground and other various piles of solid waste on the property without any authorization. The document requires restoration of all wetland resource areas and removal of all solid waste according to plans approved by MassDEP. The viability and long term monitoring of the restored area is also required. . MassDEP has agreed to suspend $11,962.50 of the Penalty pending compliance with all terms of the Order.

10/16/08: MassDEP executed a Consent Order with a $20,000 Penalty involving Demetrios Vardakostas as trustee of Bostonia Nominee Trust for Waste Site Cleanup violations at 555 Southern Artery in Quincy. The Trust owns the property on which it has failed to submit the assessment reports (Phase II and III) within the established deadlines as set forth on 1/2/08 in a previous Consent Order. An extended deadline has been given in today's Order but with a return to compliance required along with the cleanup actions, including a final cleanup outcome (Response Action Outcome Statement) by no later than 8/1/10. In addition, Vardakostas has agreed to pay the suspended $20,000 administrative penalty if he fails to comply with the terms of the Order.

10/16/08: MassDEP entered into a Consent Order with Julianna Tache as trustee of J. G. & G. Trust for Waste Site Cleanup violations at 8 Pearl Street in Salem. Today's Order includes timelines for submittals to return the site to compliance with the cleanup of the site, specifically, a Release Abatement Measure (RAM) by no later than 11/30/08, an assessment (Phase II and III) by 4/30/09, and 7/30/09; a selection of remedial plans by (Phase IV) by 11/30/09 and a final outcome by 12/31/10. This enforcement action will lead to the cleanup of lead identified on the property and the development of this property for residential use.

10/16/08: MassDEP entered into a Consent Order with a $12,000 Penalty involving the Duncan Group for Hazardous Waste Management, Air Quality and Industrial Wastewater violations at 69 Norman Street, Everett. An unannounced inspection determined the violations at the company's facility. The Duncan Group has agreed to correct these and bring the facility back into compliance within 60 days. In addition, the company has agreed to pay the Penalty.

10/16/08: MassDEP entered into a Consent Order with Grandview Golf Management LLC for Water Management violations at its Kettle Brook Golf Course in Paxton. The LLC will correct violations and includes an enforceable schedule for metering its water use. The usage will determine if the facility triggers the requirements for a permit under the Act, testing and reporting requirements. Today's Order will ensure water use that is protective of the public and environmental resources.

10/16/08: MassDEP entered into a Consent Order with Peter E. Knox, as trustee of Fairlane Homes Water Supply violations in Lunenberg for violations of the Safe Drinking Water Act regulations at the Fairlane Mobile Home Park. Today's Order includes an enforceable schedule to connect the Park to the existing Lunenburg Water District. This action will ensure that the 50 residents of the Park will continue to receive safe potable water supply.

10/16/08: MassDEP entered into a Consent Order with a $5,288 Penalty involving RFP VI Hotel Worcester for Solid Waste violations in Worcester. RFP VI Hotel Worcester failed to notify the agency of demolition and solid waste activities at the former Worcester Holiday Inn in January, 2008. The company has agreed to comply with provisions for the proper disposal of painted concrete at the site and MassDEP has agreed to suspend $2,288 of the Penalty pending compliance.

10/15/08: MassDEP entered into a Consent Order with a $650 Penalty involving New England Environmental for Wetlands violations in Greenfield. The violations were found in connection with construction work supervised by NEE in the Green River in Greenfield. That work occurred without the proper installation of turbidity controls required by a permit (a Superseding Order of Conditions) issued for the project. The failure to do so resulted in sediment discharging to the river. The property owner and contractor hired NEE to oversee compliance with the permit during construction. In addition to the Penalty, today's Order requires the respondent to undertake a Supplemental Environmental Project (SEP) with a minimum cost of $1,875. The SEP includes providing training to local Conservation Commissions and contractors regarding compliance with wetlands regulations.

10/14/08: MassDEP entered into a Consent Order with Mary Lyons Nursing Home for (septic system) Water Pollution Control violations in Hampden. The Nursing Home failed to address violations at a large septic system at this facility. The Home is presently operating its system as a tight tank following a failure of the system. The Order provides for the continued operation as a tight tank on an interim bases and establishes a schedule for a return to full compliance with the regulations through construction of a replacement system.

10/10/08: MassDEP issued a Boil Water Order to the town of Royalston and the Village School in Royalston. The private school operates at a town-owned facility. MassDEP issued the order on the evening of October 9th when a bacteria monitoring result with e-coli was reported. The School had experienced bacteria problems in the past. The School provided notice to its users and disinfection equipment was ordered, with expected installation within seven days from the Order's issuance.

10/10/08: MassDEP issued a Unilateral Order to Staffordshire Properties, Inc. for Water Supply violations in Leicester. Today's Order requires the facility to remove its on-site public water supply system from service due to elevated levels of radon identified as a result of routine monitoring conducted for the supply. An alternate source of water will be provided until such time as the facility installs effective treatment and is approved by MassDEP. The action is necessary to reduce radon levels to, or below, the guidelines established by MassDEP's Office of Research and Standards.

10/10/08: MassDEP entered into a Consent Order with a $2,020 Penalty involving Silver City Aluminum Corp., for Hazardous Waste, Air Quality and Water Pollution Control violations in Taunton. A multimedia inspection revealed the company had not complied with requirements to provide training for employees who handle hazardous waste. The company also failed to document installation and operation of air emissions units and requirements relative to operation of the industrial wastewater pretreatment system. Today's Order ensures compliance with all applicable regulations.

10/10/08: MassDEP issued a Unilateral Order to Boxford Community Store, Inc., for Water Supply violations at 7 Elm Street in Boxford. Water samples showing e.coli (bacteria) were obtained from its well which is used for culinary purposes such as washing vegetables, making coffee, hand washing, and other food preparation. As this may pose an unacceptable risk to consumers, this facility will be under a "Do Not Drink" Order, until three rounds of repeat samples result in negative fecal or e.coli samples. The Respondent has agreed to post signs stating "Do Not Drink", provide alcohol-based hand sanitizer in all restrooms and sinks, and use bottled water for food preparation.

10/9/08: MassDEP entered into a Consent Order with a $7,000 Penalty involving Anchor Fuel for Waste Site Cleanup violations at 3 Cressey Avenue in Salem, The violations stem from a release of home-heating oil at a private residence. Specifically, Anchor Fuel failed to notify MassDEP as soon as possible, and within two hours, of a sudden release of approximately fifteen gallons of oil at the residence. Additionally, Anchor Fuel performed an Immediate Response Action without MassDEP approval, and without engaging or employing a Licensed Site Professional, in violation of Massachusetts regulations. Today's Order requires that Anchor Fuel develop and implement an Oil Spill Reporting and Response Plan to be followed by all employees in the event of a future release, and that a copy of the plan is submitted to MassDEP within 45 days. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance although there are daily stipulated penalties of $1,000 per violation required for any future violations.

10/9/08: MassDEP entered into a Consent Order with a $14,000 Penalty involving Central Coating Company Inc. for Air Quality violations at 165 Shrewsbury Street in West Boylston. Following an inspection by MassDEP, the company applied for and received a new air permit and has agreed to the penalty and to maintain compliance.

10/9/08: MassDEP executed a Consent Order with the Cumberland Farms Company for Waste Site Cleanup violations at 876 Edgell Road in Framingham. This site first reported a gasoline-related contamination in 2003. This enforcement action adopts deadlines in 2008-2009 towards a final cleanup solution regarding the petroleum contaminated groundwater and soil emanating from the release of an unknown quantity of gasoline into the environment.

10/8/08: MassDEP entered into a Consent Order with a $10,782 Penalty involving Browning Ferris Industries for Hazardous Waste, Water Pollution Control and Solid Waste violations at its Fall River facility. A multimedia inspection revealed the company had not complied with the requirement to provide training for employees who handle hazardous waste and the discharge permit requirements for its industrial wastewater. A separate inspection revealed off-site nuisance odor conditions and insufficient landfill cover materials. Today's Order ensures compliance with all applicable regulations and requires a final closure and capping date for the current active area.

10/7/08: MassDEP entered into a Consent Order with a $19,050 Penalty involving Martins Construction Company, Inc.for Asbestos violations at 130 Portland Street in Boston. On 8/12/08 MassDEP responded to a request from the Boston Fire Department and Boston Police Department to inspect the property where Martins had commenced demolition/renovation at the site without properly notifying MassDEP and that said demolition/renovation had impacted asbestos containing material which had not been removed previously as required by the regulations. MassDEP agreed to suspend $9,525 of the Penalty provided Martins comply with all applicable regulations for two years.

10/708: MassDEP executed a Consent Order with a $35,617 Penalty involving M3G Plating (a/k/a Ad Tech) for Hazardous Waste and Industrial Wastewater violations at 125 Glenn Street in Lawrence. The violations were discovered during an unannounced inspection of the facility by MassDEP. The company has now agreed to correct the violations including storing hazardous waste for greater than 90 days, labeling of hazardous waste, open containers, lack of signs and delineation in addition to incomplete Contingency Plan and Personnel Training of employees. MassDEP has agreed to suspend $25,617 pending compliance with all applicable regulations for one year.

10/07/08: MassDEP entered into a Consent Order with the former Olsen Machine and Tool Company for Waste Site Cleanup violations at 225 Wales Street in Abington. MassDEP audited the final closure statement (Class A-2 Response Action Outcome) already submitted for this site. Violations identified included failure to delineate the nature and extent of contamination at the site and failure to demonstrate that a permanent solution had been achieved. MassDEP conveyed the results - in a Notice of Audit Findings/Notice of Noncompliance. The Notice of Audit Findings also established a 60-day deadline for the Respondent to correct the violations and/or conduct the necessary response actions. The Respondent cannot comply with the Notice of Audit Findings deadlines and new deadlines were established in order to bring this site back into compliance by 9/15/10.

10/6/08: MassDEP entered into an Agreement with Coca Cola Bottling of New England for late-filing of it Toxics Use Reduction Act report for its Needham facility. Under a Supplemental Environmental Project (SEP) the soft drink maker will pay a $7,500 Penalty and implement a three-part, $39,000 water conservation project to be completed by the end of this year. The company's goal is to reduce water use by up to 7,000 gallons per day through recovery and recycling of wastewater, for a projected annual water savings of nearly 1.4 million gallons.

10/6/08: MassDEP entered into a Consent Order with a $16,000 Penalty involving Holland Company, Inc. for environmental violations in connection with the release of 3,600 gallons of sodium hydroxide in Adams. The release at the company's chemical-manufacturing facility in the early hours of the morning on 8/15/07 resulted from a bermed tank located inside the process building. The released sodium hydroxide migrated outdoors through a crack in the floor and into an excavation trench that was being dewatered. The dewatering activity caused the solution of water and sodium hydroxide to be pumped to a location on the northeastern portion of the facility. Holland reported the release to MassDEP's emergency response section. Holland attributed the release to an operator's failure to close a valve under the sodium hydroxide solution tank before the operator left the building. Holland was also cited for a failure to file a Determination of Applicability with the Town of Holland's Conservation Commission for having place fill near a wetland area as well as for failure to file a demolition notification with MassDEP prior to the construction project at the facility. MassDEP levied a fine of $8,900 against Holland for a release of 15,000 gallons of commercial liquid aluminum sulfate ("alum") which Holland also attributed to an operator error.

10/3/08: MassDEP issued A Unilateral Order to Bernard Powers for Chapter 91 (Waterways Permit) violations at Pecks Road at Onota Lake in Pittsfield. Powers was issued the Order due to the construction and operation of a multi-boat dock facility on the lake. Today's Order requires either the submission of an application for a Chapter 91 license (the Public Waterfront Act) or removal of the dock within 30 days.

10/3/08: MassDEP issued a Unilateral Order to Philomena Goodwin for Chapter 91 violations at 182 Goodwin Road (Center Pond) in Becket. At that location, MassDEP found construction and operation of a dock on the lake. Today's Order requires either the submission of an application for a license under Chapter 91 of the Public Waterfront Act, or removal of the dock within 30 days.

10/2/08: MassDEP executed a Consent Order with a $33,000 Penalty involving Ciro's Foreign Car Repair, Inc. for Waste Site Cleanup violations at 107 Broadway in Everett. Specifically, the violations included failure to meet cleanup deadlines established in a Notice of Noncompliance that MassDEP sent to the company on 4/30/08. The company must now submit a Tier II Extension by 10/20/08, an assessment (Phase II) by 6/30/09, followed by the selection and implementation (Phase III by 3/30/09 and Phase IV by 6/30/09) and a final outcome (an RAO Statement) by no later than 10/20/10. MassDEP has agreed to suspend $28,000 of the Penalty pending compliance and ability to meet deadlines.

10/1/08: MassDEP issued a Unilateral Order to Robert Scarano, manager of the Orchard Street Developers Trust, for Water Pollution Control violations in Tewksbury. Today's Order was issued in response to failure of a wastewater pump station, resulting in sewer backups and unauthorized sewer discharges to a nearby wetland

September 2008

9/30/08: MassDEP executed a Consent Order with a $30,000 Penalty involving Dean Column Company, Inc. for Air Quality, Solid Waste, Industrial Wastewater and Hazardous Waste Management violations in Fitchburg. Multiple inspections of the facility conducted in 2006 and 2008 revealed the violations. The company has agreed to comply with all applicable environmental regulations, convert to compliant coatings, and pay the Penalty. MassDEP has agreed to suspend an n additional $42,310 Penalty provided the company does not violate any regulations for one year.

9/30/08: MassDEP issued a $1,900 Penalty to P & P Transport of Warren for failing to undertake and document as required the completion of response actions and comply with MassDEP's previous "Notice of Responsibility" involving the release/cleanup of fuel oil to the pavement and soil along the Massachusetts Turnpike in Warren. The release occurred on 6/20/96 when a truck owned by P & P jack-knifed, impacting the guard rail, and caused a release of 20 gallons of fuel oil from a saddle tank. Due to P&P's refusal to accept responsibility and hire a contractor to address the cleanup, MassDEP engaged the services of an environmental firm to address the release. Contaminated soil was removed and disposed of under the supervision of the MassDEP. While P&P paid MassDEP's oversight charges when invoiced, P & P has not responded to subsequent "Notices" nor submitted documentation necessary to complete the response actions on-site.

9/30/08: MassDEP entered into a Consent Order with a $4,375 Penalty involving Butchie's Removal, Inc., for Asbestos violations at 8 West Street in Holbrook. The company failed to submit written notification to MassDEP for removal of non-friable asbestos containing material (ACM), and work practice violations during the removal of asbestos from the commercial property. Butchie's Removal Inc. has agreed to comply with regulations and to pay the penalty.

9/30/08: MassDEP entered into a Consent Order with a $4,375 Penalty involving Callahan/Hoffman Company, Inc. for Asbestos violations on Sharpe Street in Hingham. The company, which is based in Norwell, failed to submit written notification to MassDEP for removal of non-friable asbestos containing material (ACM), and work practice violations during the removal of asbestos from a commercial property. Callahan/Hoffman Company, Inc. has agreed to comply with regulations and to pay the penalty.

9/29/08: MassDEP executed a Consent Order with El-Massih Enterprises, LLC for Water Supply violations in Uxbridge. Today's Order provides an enforceable schedule for the development of an approved Public Water Supply (a 'transient, non-community public water system) at 785 Quaker Highway in Uxbridge. This public water supply will serve a proposed restaurant at this location. Today's Order requires the owner to site, construct and operate a new water supply well. Additionally, in accordance with the requirements for a TNC public water system, the facility must hire a certified operator, carry out a monitoring program, meter water usage, complete cross-connection requirements and record the public water system in the Registry of Deeds. The owner will also provide documentation to determine any type of treatment for the new water supply source that is required. Today's Order also contains stipulated penalty provisions should the owner not comply with the approved schedule. This action will ensure that the general public and employees will receive water that is safe to drink.

9/29/08: MassDEP executed a Consent Order with Lovewell Pond Sporting Club, Inc. for Wetlands violations at 22 Streeter Road in Hubbardston. MassDEP personnel inspected the area and observed that the club had replaced flashboards to a dam, causing a water level elevation change of Lovewell Pond which could alter the Bank around the Pond. Under today's Order, the Club has agreed to reduce the height of the flashboards to 14 inches above the concrete spillway to prevent wetland or bank alterations from changing the water level. It also agreed that prior to any additional work on the dam; the Club will file with the Hubbardston Conservation Commission to receive any proper permits. This action will result in restoration of approximately 50 feet of bank.

9/29/08: MassDEP entered into a Consent Order with a $14,500 Penalty involving Excel Insulation Co., Inc. for Asbestos violations in Devens. Excel Insulation of Wayne, New Jersey is a licensed asbestos contractor. MassDEP discovered violations during a January 2008 inspection of an asbestos removal project being conducted on the former Fort Devens military base. Under the terms of today's Order the company agreed to a $14,500 Penalty with an additional $5,812.50 penalty having been suspended provided that the Company has no additional violations for one year.

9/29/08: MassDEP executed a Consent Order with an $11,000 Penalty involving GLSYNTHESIS, Inc. for Hazardous Waste Management violations in Worcester. During an inspection of the facility, MassDEP determined that the Company had failed to notify the department of its hazardous waste generation activity. The company had stored hazardous waste in excess of time periods allowed and failed to comply with numerous other hazardous waste container management requirements. Under the terms of today's Order the company agreed to comply with applicable regulations, many of which have already been complied with, and pay the Penalty. This action will ensure proper management of hazardous waste going forward.

9/29/08: MassDEP entered into a Consent Order with a $2,875 Penalty involving Smithville Road Realty Trust; and Zukas Hilltop Barn, Inc. (Lynn A. and Peter W. Zukas) for Water Supply violations in Spencer. Today's Order establishes an enforceable schedule for the development of an approved transient non-community (TNC) public water system at its function hall located at 89 Smithville Road in Spencer. It also requires the owner to operate the on-site well in accordance with the requirements for a TNC public water supply which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements and recording the Public Water Supply in the Registry of Deeds. In addition to the penalty, there is a stipulated penalty provision for any future noncompliance with the schedule. This action will ensure that anyone served by this public water supply will continue to receive water that is safe and fit to drink.

9/29/08: MassDEP entered into a Consent Order with a $3,500 Penalty involving the Chem-Clean Corporation for Water Pollution Control violations in Williamsburg. Upon investigation of discharge to the Mill River in Williamsburg, MassDEP determined that the Springfield based floor stripping and finishing company, Chem-Clean, caused a white liquid discharge to the Mill River in Williamsburg. Company employees, working at the Hilltown Charter School within the Brass Works building, had emptied wax-stripping wash water into one of the parking lot's storm drains which leads to the Mill River. The discharge was evident by a white residue along the bank of the Mill River. Chem-Clean, which cooperated with MassDEP, has agreed to cease any future discharges. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance. .

9/26/08: MassDEP Environmental Strike Force responded to a hotline call from a local fisherman to Forbes Park in Chelsea and discovered unpermitted discharge (Water Pollution Control) and wetlands violations at a development site. After failure to comply with directives from Strike Force to stop such activities, Forbes was served with a Unilateral Order with Penalty provisions. Forbes ceased the discharge and appealed the wetlands portion of the order. It recently entered into an agreement to comply with all applicable wetlands regulations.

9/26/08: MassDEP entered into a Consent Order with Fellsway Realty Limited Liability Company for Waste Site Cleanup violations at 970 Fellsway in Medford. The company is the owner of the property where violations included failure to comply with timelines for submittal of a phase four report (implementation of its remedial cleanup plan) and a final response action. The company has agreed to complete the cleanup. This site was reported to MassDEP in 1988. Today's enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil.

9/26/08: MassDEP entered into a Consent Order with a $7,653 Penalty involving Covanta Pittsfield, LLC, for Air Quality violations in Pittsfield. Following a recent stack test, Covanta notified MassDEP that the facility exceeded its allowable dioxins/furans emission limit. Upon review of additional reports submitted by Covanta, MassDEP also discovered the minimum carbon injection rates had not been achieved during the first quarter of 2008. Covanta immediately made repairs to a faulty monitor, agreed to ensure future compliance and pay the $7,653 Penalty.

9/26/08: MassDEP issued a Unilateral Administrative Order to Pout and Trout Campground, Inc. for Water Supply violations at its facility in Rutland. MassDEP was notified (Nathan C. Locke) by the camp on 9/19/08 that a routine water sample collected from the "Upper Camp" distribution system had tested positive for e.coli. Four repeat samples collected on 9/26/08 had each tested positive for total coliform, and one sample again tested positive for e coli. The Order required the water supply well that serves the "Upper Camp" be removed from service, and that the well serving the "Lower Camp" be activated and inter-connected to serve both these distribution systems. Further, that both these systems be flushed and disinfected. Also, going forward the facility provide notification to all consumers and the local Board of Health about the incident, and submit both seasonal disinfection and sample collection start-up plans and a revised total coliform sampling plan.

9/25/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving Thomas Scott as Trustee of Massachusetts Investment Nominee Realty Trust for Waste Site Cleanup violations at 905 Massachusetts Avenue in Boston. The Trust is the owner and/or operator of the property. MassDEP issued a Notice of Noncompliance on 7/25/08. Today's Order requires a tier two (permit) extension by 10/30/08; a phase two (assessment) report, phase three (selection of cleanup plan) report by 6/30/09 if applicable; a phase four (implementation) report by 10/31/09; and, a final outcome by 6/30/10. In addition to the Penalty, there is a stipulated penalty provision for any missed deadlines.

9/25/08: MassDEP entered into a Consent Order with Sinclair Manufacturing Company for Waste Site Cleanup violations in Norton identified by MassDEP during an audit. The company owns the site located at 12 South Worcester Street in Norton where violations identified included the classification of the site. In addition, the respondent failed to prepare a phase two (assessment) of the site conditions at this property. Today's order establishes deadlines for completing the necessary tasks required to complete the necessary response actions at the site.

9/23/08: MassDEP issued a Demand Letter for $69,500 in Stipulated Penalties to GFI Shirley for noncompliance with a previous order to correct erosion and sedimentation violations at Apple Orchard Estates subdivision in Shirley

9/23/08: MassDEP entered into a Consent Order with a $4,850 Penalty involving Robert Dimartile for Asbestos violations at 181 South Street in Yarmouth. Today's Order requires Dimartile to submit all documentation from the clean up of roofing tiles at 181 South Street in Yarmouth. Under application of MassDEP's small-business policy, the Penalty was suspended.

9/23/08: MassDEP issued an $8,625 Penalty Assessment Notice to Dosa Temple Restaurant in Ashland. MassDEP Environmental Strike Force responded to a hotline call and discovered that Dosa had a longstanding practice of dumping pollutants (grease) into a parking lot storm drain, thereby impacting groundwater and an adjacent wetland. Working together with the Ashland Board of Health and the Conservation Commission, the property owner of the plaza where the restaurant is located was ordered to clean out the storm drain system and rehabilitate the storm water detention basin and remove grease and debris from the wetland. In addition, the owner of the Dosa signed a Consent Order with the $8, 625 Penalty. The Ashland Board of Health also required the owner of the restaurant to install a new grease trap.

9/22/08: MassDEP executed a Consent Order with John's Trucking of Agawam, Inc. for $2,000 related to Air Quality and Hazardous Waste Management violations at the company's Silver Street location in Agawam. MassDEP inspected the facility and found that the company was creating a condition of air pollution by burning a pile of brush and wood waste, in violation of the Air Quality regulations. Other violations that were discovered were related to Hazardous Waste regulations (registration, housekeeping, and labeling provisions). John's Trucking of Agawam, Inc., which cooperated with MassDEP during the investigation, has initiated corrective actions to address the noncompliance issues immediately after the inspection. As part of a settlement agreement, MassDEP has agreed to suspend $1,000 of the Penalty pending compliance.

9/22/08: MassDEP issued a Declaration of Water Emergency to the Huntington Water Department in Huntington. MassDEP issued the Declaration following the written request that this public water system planned to conduct necessary water main and valve repair and replacement on 9/23/08. The Huntington Health Center would have been without water during this work and required the Declaration, in order to provide and permit the use of alternate water supply to the Health Center during the work.

9/19/08: MassDEP issued a Boil Water Order to Bernardston Fire and Water District. The District reported total coliform and e.coli bacteria detections within the water distribution system. This public water system began disinfection of the system. MassDEP staff provided assistance to the town's School Department over the weekend and provided telephone and on-site assistance to the system on 9/21/08 9/22/08. MassDEP continues to work with the system and ensure that follow-up samples will be collected during the subsequent week after the detection. MassRural also provided on-site technical assistance.

9/19/08: MassDEP issued a Boil Water Order to Northfield Mountain Station and Visitor Center in Northfield. MassDEP issued the Order to First Light HydroGenerating Company, owner of the Northfield Mountain Station and Visitor Center. The Order was issued following the report of a total coliform and e.coli bacteria detections within the water distribution system. The public water system (PWS) began temporary disinfection of the system. The PWS will install permanent disinfection.

9/19/08: MassDEP executed a Consent Order with a $1,000 Penalty involving G&K Services for Hazardous Waste Management violations in North Attleborough. MassDEP conducted a comprehensive, or multi-media, inspection revealed that G&K Services was generating hazardous waste and waste oil and had not notified the Mass DEP of this activity. Today's Order requires the facility to fully comply with all applicable Hazardous Waste regulations.

9/18/08: MassDEP was informed that Ed Small, of Dover, had been indicted on twelve (12) counts in Superior Court. Small is owner and operator of Associated Processing Service (APS), a medical waste disposal company in Natick. Small was indicted in Superior Court for the illegal storage and disposal of medical waste and for unlawfully dumping hazardous waste, including mercury, down the drain of his company facility in Natick. The Grand Jury handed up seven counts of violating the Hazardous Waste Management Act, two counts of violating the Clean Water Act, two counts of violating the state sanitary code, and one count of violating the Solid Waste Management Act. Environmental Strike Force investigators responded to a call from a solid waste facility in Rhode Island, and developed and referred this case for criminal prosecution. Strike Force also assisted in a criminal search warrant and provided sampling and technical expertise. Arraignment has not yet been scheduled.

9/18/08: MassDEP was informed that Stephen Swisher pled guilty and is being sentenced for illegal transfer and disposal of hazardous waste. Stephen Swisher is former president of Pacetti Corp, a metal finishing company in North Reading. Swisher pled guilty to four counts of violating chapter MGL 21C (hazardous waste management). He was sentenced to two years probation and ordered to pay $12,500 criminal fine for dumping drums of hazardous waste in wooded areas of residential neighborhoods in Wilmington. Swisher was also ordered to reimburse the city for its disposal costs. The case was referred to the Environmental Strike Force by the Wilmington Police Department and DPW. Strike Force investigators then developed the case for criminal prosecution by the Attorney General's office and provided all the technical assistance.

9/18/08: MassDEP executed a Consent Order with an $8,625 Penalty with Pulte Homes of New England, LLC for Groundwater Discharge violations at its condominium community in Marshfield. The developer operates and maintains an on-site wastewater treatment plant at Spyglass Landing. During MassDEP's permit renewal process, the discharge monitoring reports revealed ongoing violations of the total nitrogen effluent limits. Today's Order establishes timelines for the upgrades to the treatment plant and a deadline for compliance with the discharge limit.

9/18/08: MassDEP entered into a Consent Order with a $12,060 Penalty involving North Shore Medical Center for Air Quality and Hazardous Waste Management violations at its Salem facility. MassDEP found the facility received deliveries of noncompliant fuel on July 24, 2007 and October 4, 2007 for use in its emergency generators; Improperly disposed of hazardous waste (pharmaceutical waste); and failed to properly label tank containers of unidentified hazardous wastes for length of accumulation. The facility will correct the violations and will review and revise where applicable an operational procedures manual.

9/17/08: MassDEP entered into a Consent Order with a $10,500 Penalty involving Medchem Products, Inc., for Air Quality and Hazardous Waste Management violations at 160 New Boston Street in Woburn. Medchem failed to have air emission calculations to verify its 'exempt' status, and hazardous waste containers were improperly labeled, failed to close hazardous waste containers; failed to identify hazardous waste container contents; failed to have Contingency Plan; failed to train employees for haz-waste training; failed to label mercury containing lamps. In addition to the Penalty, Medchem has agreed to bring the facility into compliance.

9/16/08: MassDEP entered into a Consent Order with a $17,250 Penalty involving 100 Minuteman LLC for Air Quality violations in Andover. The LLC owns the property at 100 Minuteman Road in Andover where it installed and operated without approval emergency generator. Today's Order requires the company to complete proper application process and to fully comply with all applicable requirements.

9/15/08: MassDEP entered into a Consent Order with the town of Rehoboth for Solid Waste violations at the town's closed landfill. Under the terms of the Order the town has agreed to a Supplemental Environmental Project (SEP): the town will be allowed to have a cell tower and six baseball fields on this assigned area Further, the town will also do a Minor Modification to Site Assignment and, submit to MassDEP a site security plan to be provided to all authorized users of the cell tower. The order requires the town to complete the SEP within 12 months and to undertake an energy audit of all of the town's buildings. The estimated cost of performing the SEP is $6,466.

9/15/08: MassDEP executed an Amendment to an existing Consent Order with a $3,000 Penalty involving Stephen Caruso as Trustee of R & S Realty Trust for 320 Charger Street in Revere. The Amendment extends the date for submittal of a Response Action Outcome Statement in exchange for a $3,000 increase in Penalty. The Amendment incorporates the original Administrative Consent Order with Penalty including the stipulated penalty provision.

9/15/08: MassDEP executed a Consent Order with a $7,905 Penalty involving C & W Industries for Hazardous Waste Management violations at 36 Charles Street in Malden. The violations were discovered by inspectors during an unannounced inspection of the facility. The facility had not paid the correct amount for its Large Quantity Generator status, and as a result, C & W owed $7,905 in back fees. Today's Order requires payment of these back fees and compliance with the Hazardous Waste regulations.

9/15/08: MassDEP entered into a Consent Order with a $1,890 Penalty involving Armstrong Pharmaceuticals for Hazardous Waste Management violations in West Roxbury. During an inspection, MassDEP determined that the company generated more than 2,200 pounds of hazardous waste during seven separate monthly periods between January 2006 and February 2008, in excess of the company's small quantity generator status. Additional hazardous waste storage violations were observed during the inspection. Today's Order requires Armstrong to register with MassDEP as a large quantity generator and assure that all additional violations identified are corrected. In addition to the Penalty, the company is required to pay $5,270 for past hazardous waste compliance fees.

9/15/08: MassDEP amended an existing Consent Order involving Stephen Caruso, as Trustee of R & S Realty for Waste Site Cleanup violations at 320 Charger Street in Revere. As owner of the property, Caruso has requested a deadline extension for the submittal of a final response action statement. MassDEP increased the Penalty by $3,000 in exchange for extending the deadline. The Amendment was proposed prior to the expiration of the previous deadline.

9/15/08: MassDEP was informed that Gerald Ely was fined for illegal Asbestos Removal in District Court. Gerald Ely of Pittsfield pleaded guilty in District Court to charges that he oversaw the illegal removal of asbestos without the required notification and without following the established requirements for proper removal. Ely was also charged with violating the Labor and Industries Act for failure to obtain an asbestos removal license, and for unlawful work practices. MassDEP investigators worked closely with Pittsfield Code Enforcement officer inspecting the site and developing the case for referral to the state attorney general's office. The Commonwealth recommended a sentence of two years suspended in the House of Correction and a $10,000 fine. After Ely pleaded guilty, the judge sentenced him to a $2,000 fine.

9/12/08: MassDEP issued a Demand Letter for an $8,700 Suspended Penalty to the University of Massachusetts (UMass), Amherst for failure to comply with a previous Consent Order regarding Asbestos violations. Workers at UMass/Amherst had removed carpet with asbestos tiles attached to it from the Leach Dormitory and had not followed the appropriate asbestos handling procedures. In addition to the Demand Letter, a Notice of Noncompliance was also issued for new violations.

9/12/08: MassDEP entered into an Administrative Consent Order with an $860 Penalty involving Mitchell Associates Construction Corporation of Shrewsbury for Asbestos violations regarding the demolition of a commercial building located in Sutton. MassDEP determined that Mitchell Associates had not provided advanced notification of the demolition project to the Department as required by the regulations. The company has agreed to comply with all applicable requirements in the future in addition to the Penalty. Today's Order also contains stipulated penalty provisions for any future violations.

9/11/08: MassDEP executed a Consent Order with JEMS of New England, Inc., for Waste Site Cleanup violations in Oxford. Among the violations are the failure to comply with performance standards and failure to submit a final response action as required within two years of terminating an existing remedy operation status. JEMS owns a former gasoline station lat 109 South Main Street in Oxford. The contamination is located within the protective zone (two) of a municipal public water supply well. JEMS of New England, Inc. received a Notice of Noncompliance in February 2007, but subsequently failed to meet deadlines for returning to compliance. Under the terms of today's Order, there are stipulated penalty provisions and JEMS of New England, Inc. has agreed to submit its final response action outcome by no later than 11/30/08.

9/11/08: MassDEP issued a Demand Letter for a $2,800 Stipulated Penalty to Chamberlin Mountain Road - Jeffrey Paulin of Brimfield for failure to comply with a previous Consent Order regarding Wetlands violations. Paulin is in violation of the requirement to retain the services of a registered professional engineer to evaluate the installation and sizing of culverts that were constructed without permits on the site.

9/10/08: MassDEP issued a Unilateral Administrative Order to Boylston Realty Associates, Inc., for Wetlands violations in Shrewsbury. Today's Order requires Boylston Realty Assoc. to stop alteration of wetland resource areas on its property located on Holman Street in Shrewsbury. MassDEP personnel inspected the property, a proposed four-lot subdivision with one single-family home under construction, and determined that violations of existing Order of Conditions (permit) issued by the Shrewsbury Conservation Commission were occurring. Discharges of silt and sediment had already altered Bordering Vegetative Wetlands due to inadequate and ineffective erosion controls at the site. Today's Order requires the owner to stop work - except to stabilize the site soils - and to install adequate erosion controls. They are also to comply with the requirements of the local Order of Conditions and hire an erosion control specialist to develop a comprehensive erosion control plan. In addition, they are to 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 assessment of a civil administrative penalty is anticipated.

9/10/08: MassDEP entered into a Consent Order with Joseph Picard for Waste Site Cleanup violations at 14 Brenda Drive in Westfield. Picard - as owner of this residential property specifically failed to submit the phase two (assessment) report and the phase three (selection of cleanup) plans by the deadline established. A notice of delay in submitting a phase two report and a phase three was submitted. New deadlines have now been established for submittal of the phase reports by 6/30/09. Today's Order also serves as a notice of noncompliance, and contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.

9/10/08: MassDEP executed a Consent Order with a $1,000 Penalty involving Anderson's Used Car Parts for Solid Waste and Hazardous Waste Management violations on Kingston. This business at 113 Wapping Road is a registered with MassDEP as a generator of waste oil. The facility formerly operated as an auto salvage yard and the on-going activates are related to the clean-up of the site. The property is to be developed for other purposes subsequent to closure and cleanup. In March 2008, in response to a complaint, MassDEP conducted an inspection of the facility and identified minor violations of the hazardous waste regulations and the solid waste regulations. The hazardous waste violations were addressed by the end of March 2008. Today's Order requires the removal of remaining solid waste (vehicles, scrap metal, tires, etc.) from the site and the assessment of two areas that were potentially contaminated from vehicle crushing activities.
9/10/08: MassDEP executed a Consent Order with Michael Marchand, of Uxbridge, for Solid Waste and Asbestos violations in Milford. MassDEP noted the violations during an inspection of a siding-removal project at a residence in Milford. Under the terms of the Order, and based upon a successful demonstration of financial hardship conditions, the assessed penalty was fully suspended provided Marchand has no additional violations for one year.

9/10/08: MassDEP entered into a consent Order with a $2,500 Penalty involving Reynolds Auto Wrecking, Inc., for Hazardous Waste violations in Taunton. The business has a local salvage yard license and is registered with MassDEP as a generator of waste oil. In May 2008, in response to a complaint, MassDEP conducted an inspection of the facility and identified violations of the hazardous waste regulations regarding storage and recycling. Today's Order requires Reynold's Auto Wrecking, Inc. to operate in compliance with the hazardous waste regulations.

9/10/08: MassDEP entered into a Consent Order with a $30,000 Penalty involving Jhanvi Hospitality, LLC, for Asbestos violations in Springfield. Jhanvi, of 440 Bedford Street in Lexington, was conducting renovations on a property located on State Street in Springfield. MassDEP received a complaint that workers were creating a dust nuisance while throwing demolition debris down a chute leading from the eighth floor of the building, into a dumpster located at street level. MassDEP inspected the site and found asbestos debris in the parking lot, on the sidewalk, and in the street near the rear of the building. At that time, MassDEP shut down the construction activity. Upon further investigation, MassDEP determined that an asbestos survey of the building had not been performed prior to initiating the interior demolition. An inspection of the interior of the building revealed that asbestos materials had not been removed by a licensed contractor and that all of the floors of the building, with the exception of the ground floor, were contaminated with asbestos debris. Jhanvi has agreed to comply with all applicable regulations and pay $22,000 of the Penalty and MassDEP has agreed to suspend the remainder ($8,000) pending a one-year probationary period.

9/10/08: MassDEP issued a Demand Letter for a $35,000 Suspended Penalty involving Safe Environment - America/Environmental Workers of America, in Ludlow for its failure to implement a Supplemental Environmental Project. This Project was to be implemented as agreed under a previously executed Administrative Consent Order.

9/10/08: MassDEP entered into a Consent Order with an $11,500 Penalty involving Quincy Medical Center for Air Quality and Hazardous Waste Management violations at its 114 Witwell Street facility in Quincy. QMC failed to submit its air quality compliance report and had inaccuracies on its source registration. QMC also improperly disposed of pharmaceutical waste and failed to identify hazardous waste in containers. In addition to the Penalty, QMC will bring its facility into compliance.

9/9/08: MassDEP Parks Cramer Lofts LLC, Fitchburg (CERO): MassDEP executed an Administrative Consent Order with a $3,600 Penalty with Parks Cramer Lofts LLC of Burlington, for Solid Waste violations in Fitchburg. The contractor crushed and re-used demolition concrete at its site in Fitchburg without having first provided notification to the Department as required by the regulations.

9/9/08: MassDEP entered into a Consent Order with an $11,200 Penalty involving Marylee MacDougall, John Guinee, and Jeanne Hosinski, a/k/a Jeanne M. Hosinski, as Trustees of Rowley Bridge Road Realty Trust for Wetlands violations at 252 Rowley Bridge Road in Topsfield. The violations were discovered using aerial photography and found that this site contains an orchard/farm where 9,020 square feet of Bordering Vegetated Wetland, a resource area, had been filled to construct a metal storage barn without authorization. Today's Order requires full restoration/replication and long term monitoring. MassDEP agreed to suspend $4,200 of the Penalty pending full compliance. The Trust's restoration/replication plan will - when completed - represent 14,000 square feet of BVW.

9/9/08: MassDEP issued a Unilateral Administrative Order to the Aquarion Water Company of Massachusetts, Inc., for additional actions following the apparent detection of perchlorate concentrations in Millbury. Aquarion, of Hingham, had immediately removed the well from service on 8/28/08. MassDEP then verbally ordered the facility to keep the Millbury Avenue well off-line until further notice, immediately notify all consumers of the violation and provide instructions for safe water use. Aquarion was also to notify the local Board of Health, continue flushing the well, and conduct further sampling. Today's Order requires the company to flush and test the water supply in accordance with the regulations, and to obtain written approval from MassDEP prior to placing the Millbury Street well back in service. Today's Order, with its required testing, was issued to assure the safety of the water supply serving approximately 9,600 customers.

9/8/08: MassDEP Commissioner Laurie Burt issued a Final Decision incorporating an Administrative Consent Order with a $2,000 Penalty involving Donald Simmons, an individual d/b/a DDS Roofing. Today's decision resolves the appeal of an April 2008 Notice of Intent to Assess a Civil Administrative Penalty involving illegal asbestos removal activities being conducted at a private residence in Holliston. The documents require full compliance with all applicable regulations when conducting future activities involving asbestos-containing materials, and full payment of the Penalty.

9/8/08: MassDEP Commissioner Laurie Burt issued a Final Decision involving Blackstone-Chicago Corporation, Trustee relative to a site in Uxbridge. Commissioner Burt's decision incorporates an Administrative Consent Order executed by MassDEP and the Blackstone-Chicago Corporation, Trustee of the Blackstone-Chicago Realty Trust. The Decision resolves the appeal of a February 2008 Unilateral Administrative Order involving the improper management of hazardous wastes and solid wastes at a site the Trust owns in Uxbridge. Based upon submitted documentation and an August 08, 2008 re-inspection of the site, it has been determined that the Trust has complied with the terms of the Order and returned to compliance.

9/5/08: MassDEP executed a Consent Order with a $7,000 Penalty involving Manchester Essex Regional School District for Wetlands violations at the Manchester Essex Regional High-Middle School on Lincoln Street. MassDEP inspected the site and initially discovered sedimentation to an intermittent stream tributary to Saw Mill Brook resulting from construction work taking place on the property and in violation of a local (permit) Order of Conditions. Three days later MassDEP discovered the activity was performed subsequent to the first inspection including excavation, vegetation removal and widening of the entire length of stream channel by hand and with machine, side casting the excavated material and significant sedimentation to Saw Mill Brook. This activity had no authorization and resulted in alteration to Land Under Water (LUW) and 60 linear feet of Bank. In addition to the Penalty, today's Order requires immediate stabilization, full restoration of the LUW and Bank, as well as long-term monitoring, implementation of stormwater controls and cleaning/ maintenance protocols for the property.

9/4/08: MassDEP entered into a Consent Order with a $5,600 Penalty involving Bestway of New England for Toxics Use Reduction Act (TURA) violations in Lancaster. The company, which operates a pressure-treated lumber plant, failed to submit its TURA report on time, and under today's Order has agreed to a Supplemental Environmental Project (SEP). Under the SEP, the company, at its own suggestion, will purchase certain emergency response equipment valued at $20,000 for the Lancaster Fire Department within six months. MassDEP had originally proposed a penalty of $22,400 - amounting to $200 per day for the 112 days that Bestway was late in submitting its TURA report. The purchase of the equipment for Lancaster, however, will directly help the (local) fire department outfit its trailer for use in responding to any hazardous material emergencies in town.
9/3/08: MassDEP executed a Consent Order with a $2,500 Penalty involving, Bonnie Besse for Wetlands violations in Rutland. MassDEP found that there were erosion and sediment impacts on wetlands associated with the development of her property for a mobile home park. In addition to the Penalty, today's Order requires the impacts to be addressed and remediated.

9/2/08: MassDEP entered into a Consent Order the town of Orange to address excessive inflow and infiltration in the municipal sanitary sewer collection system. Today's Order requires an updated study of the collection system, development of a sewer connection/extension program and an inflow/infiltration removal program. The Town will document that it has removed four gallons of inflow and infiltration for each new gallon of design flow to be added.

August 2008

8/29/08: MassDEP executed a Consent Order with the city of Woburn for Drinking Water Program violations. Woburn violated the terms and conditions of a 2006 Consent Order, which required city to submit for the MassDEP's review and approval a plan and schedule for installation of residential water meters, within one hundred and twenty days of the effective date of that Order. Also, the city is required to implement the installation of the residential water meters in accordance with the MassDEP's approval. To date, the City of Woburn has not submitted to MassDEP, for its review/approval the plan and schedule for installation of residential water meters. Consequently, Woburn is in violation of the requirements. MassDEP will suspend penalty pending compliance.

8/29/08: MassDEP issued a Unilateral Order to the town of Hamilton for Drinking Water violations. MassDEP took the action in response to elevated levels of perchlorate in samples which were obtained at the entry point and from the distribution system in violation of the Massachusetts Drinking Water Regulations.

8/28/08: MassDEP entered into a Consent Order with a $5,000 Penalty to Balicki Auto Body, Inc. for Solid Waste and Hazardous Waste Management violations in Palmer. The company both tows and crushes vehicles at 92 Bacon Street in Palmer and repairs vehicles at 291/2 Maple Street Annex in Ware. An inspection by MassDEP revealed that the company's violations entailed storage of a large number of tires, not registering its hazardous waste activity and not being in compliance with the hazardous waste management and recordkeeping requirements. In addition to the penalty, Balicki Auto Body, Inc. has agreed to correct the violations. The company has been diligent in working with the MassDEP to address the noncompliance issues, including removal of thousands of tires from its Palmer facility. As part of today's Order, Balicki has agreed to a $2,500 Penalty with the additional $2,500 suspended pending the company's compliance.

8/27/08: MassDEP entered into a Consent Order with a $5,000 Penalty regarding Rugg Road Realty Trust, for Waste Site Cleanup violations, specifically, noncompliance with a previous Consent Order. The Trust which owns the property at 20-32 Rugg Road in the Allston section of Boston has failed to meet a deadline to submit a final outcome statement. MassDEP has agreed to extend the deadline for completion to 8/25/09. The site has previously reported petroleum and chlorinated solvent impacts.

8/26/08: MassDEP entered into a Consent Order with a $6,057.50 Penalty regarding Shuster Laboratories, Inc., for Hazardous Waste Management violations in Canton. An inspection by MassDEP found that the company, registered as a Small Quantity Generator of hazardous waste, should have registered as a Large Quantity Generator. Violations also included improperly managed containers of hazardous waste and not posting required emergency information.

8/26/08: MassDEP entered into a Consent Order with a $3,735 Penalty regarding Petro Plus (d/b/a Joe's Gas,) for Hazardous Waste Management and Vapor Recovery/Air Quality violations in Lakeville. MassDEP found during a multi-media inspection that the company had not maintained or operated the gasoline dispensing system in accordance with the requirements of the Stage II Vapor Recovery program. The inspection also revealed violations relative to handling hazardous waste.

8/26/08: MassDEP entered into a Consent Order with Melvyn Glickman for Water Supply requirements in Sutton. Today's Order establishes an enforceable schedule for the development of an approved non-transient, non-community public water supply (NTNC) system at 64 New Providence Turnpike in Sutton. The system will serve Miss Betty' Step in Time Day Care Center, which leases the property. Today's Order requires the owner to operate the on-site well in accordance with the requirements for a NTNC public water supply system which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements and recording the Public Water Supply System in the Registry of Deeds. The owner will also provide documentation to determine if any type of treatment for the water supply is required. This action will ensure that the approximately 65 children and facility served by this Public Water Supply System will continue to receive water that is safe and fit to drink.

8/22/08: MassDEP issued a Declaration of Drinking Water Emergency to the city of Westfield to allow it to provide bottled water to residents affected by a water main break in Westfield. The city was able quickly restore service to all but 50 residences affected by the transmission main break and sought today's declaration to allow it to provide water and provided requirements for testing and reporting as the system was repaired.

8/22/08: MassDEP issued a Boil-Water Order to Madden Estates, L.L.P. for its location in West Brookfield. Madden Estates was notified by the facility's laboratory on Friday, 8/22/08 that testing of the facility's wells and water tap samples had confirmed positive for total coliform and E. Coli. MassDEP verbally ordered the facility to take immediate steps. Town officials and the local board of health were delivered public notices instructing residents to boil the water prior to drinking and using for culinary purposes, and conduct further sampling. Based on the sampling results and locations, MassDEP determined that the contamination is not an isolated incident, but widespread in the system and source related. The verbal order was followed up with a written unilateral order the same day requiring the facility to disinfect, flush and test the water supply in accordance with the regulations, immediately place a temporary disinfection system on line, and hire a public water system consultant to prepare and submit an application to develop a new compliant well to correct the source related problems. The Boil Water Order, with its required testing, was issued to assure the safety of the water supply serving approximately 40 residents.

8/20/08: MassDEP issued a Unilateral Do-Not-Drink Order to Hale Reservation in Westwood. Hale Reservation, Inc which is located in Westwood and serves as a public water supplier was issued in the Order in response to E.coli positive repeat samples which were obtained from the distribution system. As this may pose an unacceptable risk to consumers, this facility will be on the "Do Not Drink" Order until three rounds of repeat samples result in negative fecal or E.coli samples. Hale Reservation, Inc has agreed to post signs stating "Do Not Drink", to provide alcohol-based hand sanitizer in all restrooms, and to provide bottled water to all consumers.

8/19/08: MassDEP executed a Consent Order with Carl Anderson for Waste Site Cleanup violations at 160 Main Street in Westford. Anderson, the owner and/or operator of the property at 160 Main Street failed to meet deadlines established in a MassDEP Notice of Noncompliance (5/27/08). Anderson has agreed to provide a phase two report by 1/31/09; a phase three report by 4/30/09; a phase four report by 7/31/09 and a final response outcome by no later than 1/31/10. IN addition, today's Order contains a stipulated penalty provision for any missed deadlines.

8/18/08: MassDEP issued a Water Emergency Declaration to Linda Manor Extended Care Facility, which serves as a community public water system serving about 100 staff and patients in Northampton. The Order provides for conservation of water, use of bulk water delivery with appropriate procedures, disinfection regarding well pump work, follow-up coliform sampling, and regular reports to MassDEP. The well pumps were failing, drawing down storage. The Order was initiated immediately. [The Declaration was lifted on 8/25/08]

8/15/08: MassDEP issued a Unilateral Boil-Water Order to the town of Dudley Water Department. Dudley Water Department was notified on August 15, 2008 by town officials that the presence of total coliform bacteria and E.coli bacteria had been detected in the raw water sample and the entry point sample, respectively. These samples were collected at the Main Station well field on August 11, 2008. In addition, a sample collected at the Dresser Hill water storage tank on August 13, 2008 also revealed the presence of total coliform bacteria. MassDEP verbally ordered the Water Department and the town on August 15, 2005 to immediately place temporary disinfection systems on-line at all active well pump stations, notify the local Board of Health and other Town officials of the condition, immediately provide notification to all users to boil their water before using it for drinking and culinary purposes, and conduct additional sampling. Those requirements were subsequently issued to the Town in the written Boil Order issued later that same day. The Boil Water Order, with its required testing, was issued to assure the safety of the water which is supplied to a population of approximately 8,300 persons. [The "Boil Water" requirement was terminated on August 18, 2008, as a result of the actions taken by the Town; however, all other requirements of the Order currently remain if effect.]

8/15/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Norwood University Avenue, LLC for Waste Site Cleanup violations at 505 University Avenue in Norwood. The LLC is the owner of an industrial property located at 505 University Avenue in Norwood. MassDEP was first notified of a release at the property in 1988 when an environmental assessment of the property determined that an onsite underground storage tank had released oil to the surrounding soil and groundwater. MassDEP issued Norwood University Ave, LLC an NON for failing to complete response actions at the site in a timely manner. Norwood University Ave did not comply with that NON and today's Order establishes deadlines for Norwood University Ave to complete response actions at the Site.

8/15/08: MassDEP issued a Unilateral Do-Not-Drink-Water Order to Holistic Family Health Practice, Inc. a public water supplier at 65 Newburyport Turnpike in Newburyport. The Order was issued in response to E.coli positive repeat samples which were obtained from the well which is used for domestic purposes such as drinking water and/or hand washing. As this may pose an unacceptable risk to consumers, this facility will be on a "Do Not Drink" Order, until three rounds of repeat samples result in negative fecal or E.coli samples. The respondent has agreed to post signs stating "Do Not Drink", and provide alcohol-based hand sanitizer in all restrooms. Further they will provide bottled water to all consumers.

8/14/08: MassDEP issued a $15,000 Penalty to Frank Daniele of Springfield for noncompliance with the asbestos-handling regulations during a residential demolition project in Springfield. MassDEP responded to a complaint of suspected noncompliance with asbestos/demolition materials involved. MassDEP found asbestos materials being removed and stored improperly. Upon inspection of the site, it was determined the asbestos material was co-mingled with demolition debris. The asbestos waste material was then transported by Mr. Daniele from Freemont Street, Springfield to another location on Cadwell Street in Springfield. Upon being notified by the MassDEP of the noncompliance, Frank Daniele took measures to clean up the project site and return to compliance. Under terms of today's Consent Order with MassDEP, Frank Daniele will pay $10,000 of the penalty. The additional $5,000 will be suspended during a one-year probationary period.

8/14/08: MassDEP entered into a Consent Order with a $6,000 Penalty regarding Diamond R.V. Center, Inc. for Hazardous Waste Management and Water Pollution Control violations in Hatfield. The recreational vehicle sales and service center located in Hatfield was found to have violations of Massachusetts' hazardous waste management and water pollution control laws evident during a MassDEP inspection of the Hatfield-based facility. The company was washing recreational vehicles inside the service building, discharging wastewater and stabilized recreational vehicle waste to an on-site leach field, and was in noncompliance. Diamond R.V. Center, which has cooperated with MassDEP and initiated corrective actions immediately after the inspection, will pay a $4,000 and the remainder of $2,000 will be suspended provided the company maintains compliance with the terms and conditions of today's Order.

8/14/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Garry Campbell of GRC Construction for Asbestos violations in Easthampton. MassDEP determined improper handling of asbestos during the demolition of a property on Pomeroy Meadow Road in Easthampton. Following up on a complaint from residents in the neighborhood, MassDEP found that asbestos-cement siding, known as "transite", had not been removed from the exterior of the house prior to the demolition operations. The transite was crushed and mixed with the demolition pile. Upon notification of the violations, Campbell cooperated with MassDEP and retained a licensed asbestos contractor to clean up the site and an asbestos consultant to monitor the air during the work. In addition to incurring the costs of the cleanup, Campbell has also agreed to the Penalty for the violations.

8/14/08: MassDEP issued a Water Emergency Declaration to S. Royalston Improvement Corp, which serves as a community public water system serving about 55 homes and businesses in Royalston. Today's Order provides for the implementation of conservation measures, use of bulk water delivery with appropriate procedures, disinfection regarding well pump work, follow-up coliform sampling, and regular reports to MassDEP. The actions were necessary when a well pump reported failing, and the temporary repairs were considered inadequate. The fire chief was concerned that there was insufficient water for fire protection. Today's Order was initiated immediately and the replacement of well pumps is expected to be complete on August 20, 2008. [The Declaration was lifted on 8/25/08]

8/13/08: MassDEP executed a Consent Order with a $14,000 Penalty regarding TRS Corpway Realty Trust for Wetlands Protection Act violations at 219 Meadowcroft Street in Lowell. The violations were discovered by staff while responding to a complaint on an abutting property. The violations occurred as a result of stockpiling earth products and other construction related materials, as well as clearing and filling a passageway for boat and fishing access on the Concord River. The activity resulted in alteration of 15 square feet to Bordering Vegetated Wetland, 109 square feet of Bordering Land Subject to Flooding and 245 square feet of Riverfront Area. Today's Order requires full restoration and implementation of a MassDEP approved "operating practices and stormwater pollution prevention plan" on the property to protect resource areas in the future. MassDEP has agreed to fully suspend the Penalty pending full compliance.

8/13/08: MassDEP issued a Boil-Water Order to South Hadley Fire District #2. The District functions as a community public water system serving hundreds of homes and businesses in portions of South Hadley and Granby. Today's Order provides for immediate notification to customers to boil water and to discard products prepared with tap water, notifications to town officials, disinfection procedures, follow-up coliform sampling, measurements of chlorine residuals in the distribution system and regular reports to MassDEP. The Boil Water Order was lifted on Saturday (8/16/2008) after requirements were met, with the condition that disinfection remains in place until further notice. [The Order was lifted on 8/25/08]

8/12/08: MassDEP issued a Demand Letter for a $30,000 Penalty to Jefferson Development Partners for previously-suspended amount regarding the Morey's Bridge and temporary dam in Taunton. Jefferson Development failed to complete the action items of an Order that required Jefferson, among other things, to evaluate the Morey's Bridge temporary dam and correct any structural deficiencies.

8/12/08: MassDEP amended an existing Consent Order with Billerica residents James and Constance Cavanaugh of 12 Doris Avenue regarding Wetlands violations. The Amendment pertains to the extent of violations of the Wetland Protection Act on their property at 12 Doris Avenue in order to change the paid administrative penalty from $2,000 downward to $500 and the suspended penalty from $12,000 to $13,500. Further, to modify wetland restoration monitoring requirements. This action was been taken based on new additional site specific technical information generated about groundwater hydrology and wetlands function on the property and to better reflect the actual amount of wetlands altered, which new information shows is less than previously noted.

8/12/08: MassDEP entered into a Consent Order to the Rod and Gun Club of New Bedford to bring its site into compliance. Today's Order has been negotiated between the club and MassDEP to carry out the assessment and possible remediation of lead contamination resulting from a trap range on the club's property. The Club has agreed to investigate and assess the lead contamination which is known to exist both on and off the property. Today's Order further establishes a schedule to complete the assessment process but there are no penalties or violations.

8/9/08: MassDEP issued a Unilateral Boil-Water Order to Manchaug Water District in Sutton after being notified on Saturday August 9, 2008 that testing of the facility's treated water tap sample, and subsequent repeat samples in the water distribution system, had confirmed positive for total coliform and E. Coli. MassDEP verbally ordered the facility to place a temporary disinfection system on-line immediately, to notify other town officials and the local Board of Health of the condition and to immediately begin delivery of public notices instructing customers to boil the water prior to drinking and using for culinary purposes, and conduct further sampling. The verbal Order was followed-up with a written Order, which also requires the facility to disinfect, flush and test the water supply in accordance with the regulations, inspect and install sanitary seals on all wells, and raises the "height above grade" of the wells to meet regulatory requirements. The Boil Water Order, with its required testing, was issued to assure the safety of the water supply.

8/8/08: MassDEP executed a Consent Order with Steven Hapenny for Waste Site Cleanup violations at 157 Crescent Street in Waltham. Today's Order includes timelines for submittal of phase reports regarding the cleanup and a final response outcome statement in order to return the site to compliance. This site has been in the system since 1990. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from the removal of several underground storage tanks.

8/6/08: MassDEP entered into a Consent Order with Bek's Welding for Waste Site Cleanup violations in Sutton. Bek's has agreed to establish a schedule for completion of cleanup actions involving the petroleum release at its 32 Main Street facility in Sutton. MassDEP audited the site in 2007 and issued a Notice of Noncompliance (NON) for violations including failure to delineate the release area, and the failure to demonstrate that "no substantial hazard exists" in support of its closure documents. In response to this NON from MassDEP, the company submitted a follow-up plan. It was during the subsequent investigation that it was determined that the contamination spread further than anticipated through a downgradient residential area. The company then requested additional time in order to complete necessary assessment work. Today's Order establishes a schedule with stipulated penalties for failing to meet timelines.

8/6/08: MassDEP entered into a Consent Order with a $33,275 Penalty regarding Bussiere Demolition for Asbestos violations at 512 Southbridge Street in Worcester. MassDEP found the violations during an inspection in 2006. MassDEP has agreed to suspend $26,775 of the Penalty pending compliance with MassDEP regulations for a period of one year.

8/6/08: MassDEP entered into a Consent Order with an $8,500 Penalty regarding Dodd Woodworking for Air Quality and Hazardous Waste Management violations in Mendon. During an inspection following an odor complaint, MassDEP the found that the company was not properly registered as a Small Quantity Generator of hazardous waste, in addition to hazardous waste management violations. Further, the company was not complying with air quality regulations associated with paint spray booths. Today's Order requires the company to return to compliance and ensures the proper management of hazardous wastes and control of air emissions.

8/4/08: MassDEP executed a Consent Order with a $12,000 Penalty regarding Jason Pisani for Wetlands violations in Sandisfield. Pisani, of Avon, Connecticut, was found to be undertaking site clearing and grading in a Bordering Vegetated Wetland and stream without a valid permit (Order of Conditions). MassDEP responded to a request for assistance from the local conservation commission concerning turbid waters in the West Branch of the Farmington River, observed a large and recent forestry clearing at the site. An inspection revealed an extensive 25 acre forestry clear-cut along with site grading. The work destabilized the site resulting in erosion and sedimentation, and direct alteration of 2,500 square feet a bordering vegetated wetland and 100 linear feet of the banks of a stream. The observed work had taken place without a prior filing of a Notice of Intent as required and obtaining a permit (Order of Conditions) from the town of Sandisfield and its Conservation Commission as required under the Massachusetts Wetlands Protection Act. Today's Order requires Pisani to stabilize the site and restore impacted wetland and stream areas. The Order MassDEP agreed to suspend $6,000 of the Penalty contingent upon full compliance with the Order to stabilize the site and restore all impacted wetland and stream areas.

8/4/08: MassDEP responded to Asbestos incident at 21 Melville Avenue in Dorchester and 25 Allston Street in Allston. At the request of Boston Fire and Boston Police's Hazardous Materials unit, MassDEP investigated an asbestos contractor at these locations who had improperly removed asbestos containing waste material from a site in Allston and transported said material to second job site in Dorchester where it was discovered by City of Boston Office of Environmental Affairs personnel. MassDEP, Boston Fire, Boston Police, Boston OEA, US OSHA investigated the incident. MassDEP along with other agencies performed oversight of the required cleanups at both locations over a 48-hour period. MassDEP will additionally perform follow-up enforcement.

July 2008

7/30/08: MassDEP executed a Consent Order with a $17,250 Penalty involving MIT-Lincoln Laboratory for Air Quality violations at 224 Wood Street in Lexington. MassDEP found that the company installed and subsequently operated an emergency generator at this facility prior to receipt of the required approval to do so. Since MIT-Lincoln Laboratory had voluntarily self reported this violation and had already submitted the required application and plan, MassDEP has agreed to suspend $7,250 of the Penalty pending full compliance over the next year.

7/30/08: MassDEP entered into a Consent Order with a $13,700 Penalty regarding Ciacia Realty Trust for Asbestos violations in Norwood. The company failed to submit written notification to MassDEP for removal of friable asbestos containing material (ACM). The company also committed violations during the removal. The work practice violations included: failure to seal the work area, failure to use air cleaning equipment, failure to ensure the asbestos remained wet during removal, failure to containerize asbestos in leak tight containers, and failure to label containers. The total penalty has been suspended provided that Ciacia Realty Trust does not violate any provisions within one year. In lieu of paying a penalty Ciacia Realty Trust agreed to hire a licensed asbestos inspector and conduct an asbestos survey of all properties owned by Ciacia Realty Trust and submit the results to MassDEP.

7/25/08: MassDEP entered into a Consent Order with Mark Guerard for Water Pollution Control (septic system) violations in Westborough. Acting for Guerard Survey, the company agreed to resolve the violations. Guerard allowed his certification as a septic system inspector and a soil evaluator to lapse but continued to perform soil evaluations as part of his septic design business. Today's Order requires Guerard to retake the soil evaluator training and the system inspector training examinations to obtain the required certifications prior to performing any further inspections. This action will ensure that the public is served by professionals who bear current certifications.

7/24/08: MassDEP entered into a Consent Order with the Cambridge Public Health Commission, which owns and operates facilities in Everett, Somerville and Cambridge, for Air Quality and Hazardous Waste Management violations. The Cambridge Public Health Commission ("CPHC") operates three non-profit hospitals (Whidden Memorial Hospital in Everett, Somerville Hospital and Cambridge Hospital). At these three facilities, MassDEP observed various violations for which CPHC has now agreed to pay a $47, 130 Penalty ($12,630 of which is for missed compliance fees) and MassDEP has agreed to suspend $14,500 of the total pending full compliance over the next year.

7/24/08: MassDEP executed a Consent Order with a $10,000 Penalty regarding Draco Homes, Inc. for Water Pollution Control violations in Dracut. MassDEP found that Draco Homes violated sewer extension and connection regulations by constructing and operating a sewer system in Dracut prior to receiving a permit by MassDEP. Today's Order requires the company to cease work until the company secures the required permit, and to pay $6,000. MassDEP has agreed to suspend the remaining $4,000 of the Penalty pending full compliance.

7/24/08: MassDEP executed a Consent Order with Newton Wellesley Hospital for Waste Site Cleanup violations at 2014 Washington Street in Newton. The owner and/or operator of the property at 2014 Washington Street, Newton is required to either submit a down-gradient property status or a final response action outcome. A release detected on its property must be identified as either due to an off-site source or, if on its property, fully-assessed and cleaned up with a series of phased cleanup measures, concluding by no later than 7/30/11.

7/24/08: MassDEP entered into a Consent Order with a $33,000 Penalty regarding Sunoco Inc.for Waste Site Cleanup violations at a gasoline station it formerly owned in Wellesley. The property, at 870 Worcester Street in Wellesley, has not been fully assessed and cleaned up and the company has failed to meet requirements sent out in a notice of noncompliance on 10/606. Under today's Order, in addition to the Penalty, the company has agreed to submit a phase two report by 9/30/08, a phase three report by 12/30/08, and phase four report by 6/30/09. A final outcome is due no later than 3/30/10. MassDEP has agreed to suspend $18,000 of the penalty pending full compliance.

7/23/08: MassDEP entered into a Consent Order with Old Wharf Realty (d/b/a Grindells Ocean View Park) for Water Pollution Control violations at 61 Old Wharf Road in Dennisport. The company has agreed to establish an enforceable schedule to remediate substandard, non-conforming sewage disposal systems requiring connection to municipal sewer, if it becomes available, or construct a conforming on-site wastewater treatment system.

7/18/08: MassDEP entered into a Consent Order with a $5,030 Penalty regarding P. A. Landers Inc. for Air Quality and Hazardous Waste Management violations in Sandwich. The company performed an audit of its Sandwich facility and self-disclosed the non-compliance. A diesel generator at the facility had not been previously permitted and testing indicated the unit could not meet emission limits for its new generators. The facility was also generating waste oil without registering its hazardous waste activity. Today's Order requires restrictions on the operation of the generator and provides a schedule that requires a compliant generator or power to be provided that would otherwise bring the operation into compliance with air pollution regulations.

7/18/08: MassDEP entered into a Consent Order with Berkshire Theatre Festival in Stockbridge for Water Supply violations. The Festival operates as a transient non-community public water system. Today's Order pertains to the water source Zone One, and the needed limits on its water use and the circumstances that prompt the need for replacement or a supplemental source.

7/18/08: MassDEP entered into a Consent Order with Ioka Valley Farm for Drinking Water violations in Hancock. The Farm operates as a transient non-community public water system. The Farm failed to meet compliance with associated drinking water standards for water quality monitoring, source protection and operator services. The Farm has agreed to comply with all regulations.

7/17/08: MassDEP issued a Unilateral Order to the town of Natick for violations at the Water Main Project in Natick. After receiving a complaint from a resident in Natick, MassDEP inspected the project site and determined that a contactor working for the town on a water-main project was using temporary piping that was not recommended for residential use. Today's Order was issued to the town requiring they immediately cease the use of the temporary piping and immediately begin replacing the temporary piping and complete the replacement with acceptable piping within seven days.

7/17//08: MassDEP entered into a Consent Order with Buck Island Condominium Trust for Water Pollution Control violations in Yarmouth. The Trust is the owner and/or operator of a wastewater treatment plant. Under today's Order, the Trust will retain the services of a Massachusetts registered Professional Engineer to prepare an engineering report that outlines in sufficient detail what modifications (if any) to the facility or other changes are required to insure that the facility can remain in compliance with its Ground Water Discharge Permit and other applicable requirements.

7/17/08: MassDEP entered into a Consent Order with a $3,010 Penalty regarding Metro Motor Sales, Inc., (d/b/a Pat's Service Center) for Air Pollution Control violations in Worcester. The violations were discovered during a stage two (vapor recovery) inspection conducted on Shrewsbury Street in Worcester in September 2007. That inspection found the company failed to perform timely in-use compliance tests on its gasoline vapor recovery system, it failed to have current records of all persons that had been trained to operate the system, and it failed to maintain system spill buckets in a condition free of gasoline, water and debris. Today's Order requires compliance with all applicable regulations. This action will help ensure that the facility's vapor recovery system is operating properly.

7/16/08: MassDEP entered into a Consent Order with Elaine McClellan for Waste Site Cleanup violations in Amherst. McClellan is the owner of the property at 40 Dickinson Street in Amherst. The site is operated as an auto dealership and auto body repair business. Volatile petroleum hydrocarbons had been discovered in soil and groundwater at the site. A Tier II Classification Submittal was submitted in May 2006, and in May 2008, a notice of delay for the completion of certain assessment work (phases two and three) was submitted to MassDEP along with a request for a one-year extension of the deadline for submittal of those documents. That Notice stated that additional sampling points (both soil and groundwater) would be needed to fully delineate the contamination at the site. MassDEP has agreed to a new deadline for submittal of the phase two report and the phase three plan by 5/15/09.

7/15/08: MassDEP entered into a Consent Order with the town of Manchester-by-the Sea for Drinking Water violations. The town failed to follow the required Zone One Protective Radius Regulations. These regulations specify what land uses other than those directly related to the provisions of public drinking water can occur. The town's zone is the protective radius around the Lincoln Street Well.

7/15/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving EZ Oil N' Lube, Inc. for Hazardous Waste Management violations in Wareham. A multi-media inspection of EZ Oil N' Lube, Inc., found violations for failure to register as a Large Quantity Generator (LQG) of waste oil and failure to comply with emergency preparation procedures. The facility agreed to the Penalty and to bring the facility into compliance.

7/14/08: MassDEP executed a Consent Order with JA Ventura LLC, for Waste Site Cleanup violations at 128-130 Water Street in Danvers. JA Ventura is the owner and operator of the property where Waste Site Cleanup violations were identified during an audit. Today's Order requires the submittal of a revised phase two and three report by no later than 2/23/09 in support of a final outcomes statement. In addition, today's Order contains stipulated penalty provision for any missed deadlines.

7/14/08: MassDEP attended in Suffolk Superior Court a hearing held before Judge Gaziano. The hearing was held to hear a motion by the Commonwealth seeking a preliminary injunction, in effect, asking that the court issue an order to Wood Waste of Boston (located in Everett) to remove stockpiled construction and demolition fines and residuals from its Everett facility and to cease operation of the facility until the stockpiled material is removed and stored in a new fully enclosed facility the company has constructed. The Court heard arguments by the parties and took the motion under advisement.

7/13/08: MassDEP executed a Consent Order with Rose Willow, LLC for Waste Site Cleanup violations at 115 Willow Avenue in Somerville. Willow, LLC, is the owner and/or operator of the property where missed cleanup deadlines have occurred. The owner has agreed to submit a status report by 8/15/08, followed by a phase four report by 6/30/09 and a final outcome statement by 8/15/10. There is also a stipulated penalty provision for any missed deadlines.

7/11/08: MassDEP entered into a Consent Order with Ashmere Lake Estates for Water Supply violations in Hinsdale. The Estates serves as a small community public water system for a number of homes in a development served by a common well. Today's Order addresses current public water supply operations and the required steps necessary in order to terminate the public water system.

7/10/08: MassDEP entered into a Consent Order with Blue Sky Builders, LLC, for Wetlands violations in Southwick. The company (J. Kirk MacNaughton) was found to have failed to complete work on a subdivision in accordance with requirements of a superseding order of conditions issued in 2003. Today's Order requires Blue Sky Builders to complete work as detailed within 120 days.

7/10/08: MassDEP entered into a Consent Order with a $2,000 Penalty regarding P&F Auto of Monson. MassDEP entered into an Order with the company, an auto recycler in Monson, for violations including hazardous waste management (failure to register, no signs or labels, no lines marking accumulation area, open containers, no impervious surface or secondary containment) and solid waste (speculative accumulation of tires). MassDEP has agreed to suspend $1,500 of the Penalty pending compliance with the terms and conditions of the Order.

7/10/08: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Vladimir Kostenko for Asbestos violations in Monson. Kostenko, a Westfield resident, was found to have violated asbestos (transite shingles) regulations during the removal process. An inspection of the site revealed the material was in a dry state (no water was being used as required) and the shingles were broken and no containment was being used. Subsequent to the inspection, the property owner has now hired a contractor to clean up the residence. MassDEP has agreed to suspend $1,750 of the Penalty.

7/10/08: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Two Sons, Inc. (d/b/a Bradley Auto Wash) for violations at 990 Main Street in Holyoke. MassDEP inspected the carwash facility and observed that grit and other debris containing oily materials from the drains in the self-service wash bays were disposed of at the southeast corner of the property, near the Connecticut River. The company, which fully cooperated with MassDEP and initiated the clean up of the material, has paid $1,000 of the Penalty with the additional $1,000 suspended during a one-year probationary period.

7/10/08: MassDEP executed a Consent Order with a $1,500 Penalty regarding Pride Plazas, Inc. for Solid Waste violations in Chicopee. MassDEP found that Pride, located in Springfield, was in violation of Beneficial Use Determination at a site on Burnett Road in Chicopee. In addition to the Penalty, and complying with the regulations, Pride will conduct a Supplemental Environmental Project valued at $3,500. The project will provide part assistance to the Chicopee Department of Public Works for household hazardous waste management.

7/9/08: MassDEP entered into a Consent Order with an $8,700 Penalty regarding Tech Built General Contractors, LLC for Asbestos and Solid Waste violations at 457 South Main Street, in West Bridgewater. The contractors failed to submit asbestos project notification, improper asbestos work practices and contracting for disposal of friable asbestos containing heating insulation. MassDEP observed the violations at that address, the company's primary place of business. Tech Built General Contractors, LLC has agreed to pay $4,350 within one year, and MassDEP will suspend the remaining $4,350 provided Tech Built does not violate any of the provisions of the ACOP, or further violates any of the regulations cited within one year of the effective date of today's Order.

7/8/08: MassDEP executed a Consent Order with Hess Corporation for Waste Site Cleanup violations at 163-167 Main Street in Stoneham. Hess Corporation is the owner and/or operator of this property where it has failed to meet cleanup deadlines. Today's Order requires a phase four report by 2/28/09 and a final outcome by no later than 11/30/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.

7/8/08: MassDEP issued a Boil Water Order to Northfield Mountain Station & Visitor Center in Northfield. The Center operates a business and public recreation center where it detected total coliform and E.coli in routine and repeats water quality samples. The Order required immediate posting and notices. In addition, MassDEP rescheduled its Sanitary Survey to 7/9/08 to inspect the facility.

7/8/08: MassDEP entered into a Consent Order with a $6,610 Penalty regarding Continental Woodcraft, Inc. (d/b/a Continental Consolidated Industries) for Hazardous Waste Management and Air Quality violations in Worcester. MassDEP determined that the company was not keeping adequate records to demonstrate compliance with its (air emission) plan approval, and that the company accumulated hazardous wastes for periods longer than the 180-days allowed for Small Quantity Generators (SQG). Today's Order requires the company to maintain compliance with all applicable environmental regulations. The Penalty was completely suspended as a result of a satisfactory demonstration of a financial hardship condition. This action will ensure the facility's compliance and record-keeping procedures, and the proper management of the company's hazardous wastes.

7/8/08: MassDEP executed a Consent Order with the Hess Corporation for Waste Site Cleanup violations at 163-167 Main Street in Stoneham. The company owns and/or operated a business at the property where it has failed to complete cleanup. Today's Order requires the submittal of a phase four report for by 2/28/09 and a final outcome statement by 11/30/09. In addition, there is a stipulated penalty provision for any missed deadlines.

7/8/08: MassDEP entered into a Consent Order with the town of Winthrop, for Drinking Water violations in Winthrop. The town failed to implement its Lead Service Line Replacement Program in violation of the Massachusetts Drinking Water Regulations (Lead and Copper Rule). The town will not have to pay a Penalty (a $5,750 Penalty is suspended pending compliance with today's Order and full compliance with the regulations).

7/8/08: MassDEP entered into a Consent Order with the town of Holbrook for Solid Waste violations at the town's (closed) landfill in Holbrook. The town has agreed to a Supplemental Environmental Project (SEP) for the violations, which involved the landfill and adjacent DPW yard, specifically, the prohibition on dumping and illegal disposal of solid waste in violation of the town's post-closure requirements. Under today's Order, the town will stop disposing of animal carcasses and cover the area, mark animal disposal on a plan and record with the town under a record of notice within 60 days. Also, it will place solid waste at the DPW yard in containers, within 90 days of order, and remove all brush from the side slopes of the landfill. The order requires that Owners/Operator complete a SEP within 12 months of the date of the order, the SEP involves replacing two electric powered school safety traffic signals with new solar powered assemblies. The estimated cost of performing this SEP is $12,150.

7/8/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Spring Valley Country Club, for Wetlands violations at 5 Tiot Street in Sharon. The club was found to be working in a wetland resource area without a valid Order of Conditions (permit). The club, by its actions, altered 5,793 square feet of Bordering Vegetated Wetlands (BVW) located within the Fowl Meadow and Ponkapoag Bog, an area of critical environmental concern. The club was seeking to construct a cart path around a green. The alteration was identified by the MassDEP "wetlands loss project", an aerial mapping tool. In addition to the Penalty, the club has agreed to provide full restoration of the BVW.

7/7/08: MassDEP executed a Consent Order with a $10,000 Penalty regarding the city of Everett for Water Pollution Control violations. The city had sanitary sewer overflows at Behan and Commercial Streets in Everett. Today's Order requires the city to conduct an investigation of the conditions causing sewer overflows, and to undertake actions to eliminate the risk of further overflows.

7/3/08: MassDEP entered into a Consent Order with a $32,000 Penalty regarding 50 Tremont Street Condominium for Waste Site Cleanup violations in Melrose. MassDEP found the owners of this property failed to submit a phase four report and a final outcome statement. This site has been in the system since 2002, and today's enforcement action will lead to the cleanup of petroleum-contaminated groundwater and soil. The release was detected during the removal of an underground storage tank. MassDEP has agreed to suspend $24,500 of the Penalty pending full compliance.

7/2/08: MassDEP issued a Unilateral Order to Camp Thoreau Inc., for Water Pollution Control violations in Concord. The Order requires immediate action to address public health risks from breakout of treated wastewater from their soil absorption system (leaching field). Camp Thoreau must cease discharges to the leaching area until the problem is investigated and resolved and, in the interim, use pump-trucks to convey the wastewater flow to an appropriate wastewater treatment facility for treatment and discharge.

7/2/08: MassDEP executed a Consent Order with a $900 Penalty regarding Accutech Insulation and Contracting for Asbestos violations in Amherst. The company, an asbestos contracting company located in Ludlow, was found to be violating asbestos removal work practices at the University of Massachusetts in Amherst. The company has agreed to pay the Penalty and comply with all applicable regulations.

7/1/08: MassDEP executed a Consent Order with a $4,000 Penalty regarding Mother Brook, LLC for Waste Site Cleanup violations at One Westinghouse Plaza in Hyde Park. MassDEP executed a second amendment to an existing Consent Order. Mother Brook, LLC is the owner and/or operator of the property and has requested a second extension to final outcome deadline as previously agreed on 11/29/05. In addition to paying the $4,000 Penalty, the company must also submit the final outcome statement within six months.

June 2008

6/30/08: MassDEP executed a Consent Order with a $10,000 Penalty involving OSF Fitel, LLC of Sturbridge for Air Quality, Hazardous Waste Management, Industrial Wastewater and Toxic Use Reduction violations. The Company was found to be operating its facility without air plan approvals and failed to operate its air-emission equipment properly. The company further failed to maintain adequate record-keeping and it failed to comply with requirements regarding personnel training and Hazardous Waste contingency plans. Fitel also failed to have currently-licensed Industrial Wastewater Pre-treatment system operators, and it failed to submit required Toxic Use Reduction Act Reports for calendar years 2003, 2004 and 2005. In addition to the Penalty, the company has agreed to bring the facility into compliance including applying for, in order to obtain, a comprehensive air (permit) approval that will consolidate and clarify all of its operations. This action will help ensure that the company complies with all appropriate environmental regulations in the future.

6/30/08: MassDEP entered into a Consent Order with a $7,700 Penalty involving Triumph Leasing Corporation for Air Quality and Hazardous Waste Management violations at its facility in Littleton. MassDEP discovered, through a complaint investigation, that the company was discharging trailer maintenance wash water to the ground without a permit. The company also was found to be using enough cleaning chemicals so as to require them to obtain an Air Quality Limited Plan approval. In addition, the company was generating waste oil without having registered its activities with MassDEP. In addition to the Penalty, the Company has agreed to comply with all applicable environmental regulations in order to ensure the proper management of the company's Industrial Wastewater discharges, air pollutant emissions and waste oil generation in the future.

6/30/08: MassDEP issued a Notice of Intent to Assess a $25,837.50 Penalty to Earth Environmental Corporation for Asbestos violations in Shrewsbury. The company is a Lawrence-based licensed asbestos contractor that MassDEP found was in violation of Asbestos regulation during a November 2007 inspection of an asbestos removal project at the Parker Road Pre-School in Shrewsbury.

6/30/08: MassDEP issued (individual) Unilateral Order(s) to Erica Bigelow, H. Patrick Thornton, Ronald M. DeAngelis along with Linda and William Parker regarding Wetlands violations in Hudson. All the residents are listed as owners of abutting properties located on Lake Boon in Hudson. MassDEP personnel inspected the properties and observed that the property owners had violated a MassDEP decision (i.e. a negative superseding determination of applicability). Unauthorized activities included alteration of the buffer zone along the bank of Lake Boon; earthwork, and removal of stumps; and, the placement of dredged material as fill within the buffer zone. These activities were in violation of an order issued by the Hudson Conservation Commission. Inadequate and ineffective erosion controls had allowed sedimentation to enter Lake Boon. Today's Order(s) require the property owners to stop activities within the 100-foot Wetlands buffer zone, and to prevent any further erosion or siltation through the placement of effective erosion controls. The property owners are also required to hire a Wetlands specialist to evaluate the extent of impact to Wetland resource areas, and to develop a Wetlands restoration plan for the site. Additional follow-up enforcement, including the assessment of administrative penalties, is anticipated.

6/30/08: MassDEP issued a Unilateral Order to Lovewell Pond Sporting Club, Inc., for Wetlands violations in Hubbardston. MassDEP has ordered that the club, located at 22 Streeter Road in Hubbardston, must stop alteration of Wetland resource areas in Lovewell Pond. MassDEP personnel inspected the area and observed that the Club had installed (without authorization) flashboards to a dam that caused an elevation of Lovewell Pond and acted to alter bank and bordering vegetated wetlands around the Pond. No permits had ever been issued for those actions. Today's Order requires the owner to remove the additional flashboards and restore the water elevation of Lovewell Pond to the level previously approved by the Massachusetts Office of Dam Safety. Additional enforcement, including the assessment of an administrative penalty, is anticipated.

6/30/08: MassDEP entered into a Consent Order with a $1,780 Penalty regarding Hyannis Air Services, Inc. in Hyannis for Hazardous Waste Management, Air Quality, Surface Water Discharge and Ground Water Discharge violations. The company operates a Barnstable Airport facility (Cape Air and Nantucket Airlines). The company failed to register as a generator of hazardous waste and also discharged de-icing fluids and aircraft washing fluids to surface water and ground water via the storm drainage system, without a permit. The company used unauthorized and unregistered injection wells, for improper storage of hazardous materials which emit volatile organic chemicals to the air and failed to keep adequate volatile organic compound emission records (necessary in order to document its permit exemption status). Under today's Order, in addition to the Penalty, Hyannis Air has agreed to conduct a Supplemental Environmental Project (SEP) by which it will pay $5,350 to the Massachusetts Environmental Trust to be used to fund research, education and other projects that are designed to protect, improve, and/or restore water resources on the Cape. Further, the company going forward will implement certain Best Management Practices at the Airport to prevent any future environmental discharges from washing and de-icing of planes by performing future activities on impermeable areas and vacuuming (removing) any excess liquids generated during these activities.

6/30/08: MassDEP executed a Consent Order with Black Rock Golf Club, LLC, for Waste Site Cleanup violations at its facility in Hingham. MassDEP had established deadlines for the club to correct cleanup actions. Additional actions were warranted after MassDEP audited previous cleanup reports at the site and gave the club a sixty-day deadline to correct the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks.

6/30/08: MassDEP entered into a Consent Order with a $3,234 Penalty regarding Colgan Air, Inc. for Hazardous Waste Management and Groundwater/Surface Water Discharge violations at 600 Barnstable Road in Barnstable. The facility, a maintenance hanger located at the Barnstable Municipal Airport facility is no longer operated by the company but it will continue its presence at the airport terminal and has agreed to an assessment and clean-up of areas where a prior discharge occurred, and to meet all other regulatory requirements. Under the terms of the Order, the company will also pay $9,703 to the Massachusetts Environmental Trust to be used to fund research, education and other projects that are designed to protect, improve, and/or restore the quality of water resources in Barnstable County.

6/27/08: MassDEP entered into a Consent Order with the town of Danvers for Drinking Water violations. The town has now violated the terms of a prior Consent Order regarding treatment plant upgrades to address exceedence of the maximum contaminant levels for total tri-halomethanes, a disinfection by-product. The town has agreed to take the necessary steps to bring the facility into compliance.

6/27/08: MassDEP entered into a Consent Order with Dalton Fire District to complete corrective actions to repair its dam in Windsor. The authorization of Emergency Action was issued in June 2008 relative requiring reconstruction of the dam. The Order requires the development of a resource mitigation plan including milestone dates and implementation of the plan by 9/15/08.

6/27/08: MassDEP executed a Consent Order with a $5,000 Penalty regarding Mike's Service Station for Waste Site Cleanup violations at 135 Main Street in Mashpee. Previously, MassDEP issued the company a Notice of Noncompliance (8/10/05) for failure to complete a phase 2/3 report, which they have failed to do. The company has agreed to bring the site into compliance within 30 days. MassDEP will suspend an additional $10,000 Penalty provided the company meets all the requirements of the Order within the next year.

6/27/08: MassDEP issued a boil water order to PJ's Town Crier for Water Supply violations in Holland. PJ's is a tavern that in its business activity serves as a public water supply. The facility detected total coliform and E. coli bacteria in routine and repeat water quality samples. The facility had recently conducted some work on its wellhead. Today's Order requires immediate posting and public notices of the violations. The public water system will be inspecting its system, identifying the source of the problem and disinfecting prior to additional sample collection.

6/26/08: MassDEP entered into a Consent Order with a $3,000 Penalty regarding Hilltowns Veterinary Clinic for Hazardous Waste Management and Industrial Wastewater violations in Washington. MassDEP inspected the facility and found the company failed to notify MassDEP regarding its hazardous waste generation and was discharging industrial wastewater, x-ray film development solutions, to groundwater via the septic system. The company corrected the compliance issues upon being notified by MassDEP. As part of the settlement, MassDEP has agreed to suspend $2,000 of the Penalty pending a one-year probationary period.

6/26/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving Bob's Auto Salvage for Hazardous Waste Management violations at its facility in Southampton. MassDEP found during an inspection that the company failed to file proper hazardous waste generator registration and violations involving maintenance and labeling. Bob's Auto Salvage, which cooperated with MassDEP during the investigation has initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection and will complete the corrective actions.

6/25/08: MassDEP entered into a Consent Order with a $30,000 Penalty involving Shawn Harris Enterprises for Waste Site Cleanup violations in Scituate. The company is an oil delivery company. Today's Order encompasses two releases that happened within a three-month period. The first release was a failure to notify, and conducting Immediate Response Action without approval. The release involved the Prescott Residence in Scituate on 11/19/06 at approximately 7:30 a.m. MassDEP was notified on Monday 11/20/2006 at 5:10 pm. The company conducted cleanup actions without notifying MassDEP. The homeowner notified MassDEP after the fact. The second release was another failure to notify less than three months after the first release. The release was discovered on 2/9/2007 when a tenant at 270 South Main Street, Cohasset called the Fire Department complaining of a burning smell coming from the basement. The Fire Department responded to find a ruptured oil tank that had sprayed oil onto her furnace. MassDEP responded and discovered oil had been discharged out the vent line onto the ground, which indicated that the delivery person should have known about the release. In addition to the Penalty, the company has agreed to full compliance with all requirements.

6/24/08: MassDEP issued a Unilateral Order to West Meadow Homes, Inc., for Wetlands violations in West Springfield. West Meadow Homes is required to repair sediment and erosion controls and to restore a wetland that was impacted by sediment following the failure of erosion controls at this residential subdivision.

6/24/08: MassDEP issued a Unilateral Order to Tony & Beverly Scapin for Wetlands violations in Otis. MassDEP has required the Scapins to cease and desist from further construction of a boat ramp into Otis Reservoir at a residential lot in Otis. The Scapins continued to construct the boat ramp following a MassDEP inspection of the property, when it was noted that the activities were not permitted under the permit (order of conditions) for that location.

6/24/08: MassDEP issued a Notice of Intent to Assess a $15,900 Administrative Penalty to Denise Barriere for constructing a dock on Pontoosuc Lake in Lanesborough without a valid permit (order of conditions) or without a valid Chapter 91 license. Further, Barriere failed to comply with a previously issued unilateral order regarding the activity. Today's Order requires Barriere to pay the $15,900 Penalty.

6/24/08: MassDEP issued a Unilateral Order to BATG Environmental, Incorporated for Solid Waste violations in Charlton. BATG, of Taunton, has been ordered to cease and desist from importing any additional shaping and grading soils to the town of Charlton's landfill, and it provides an enforceable schedule for the completion of construction activities by the company related to the final closure and capping of the landfill. Today's Order replaces, in its entirety, a previous Order that was issued by MassDEP to BATG Environmental on 3/31/08, and was appealed by BATG. MassDEP and BATG officials met on 4/28/08 in an attempt to resolve BATG's appeal of the original Order This most recent Order has been prepared, and is a settlement of that appeal since BATG has since withdrawn its appeal.

6/24/08: MassDEP has issued a Unilateral Order to Finecamp K O A, Incorporated for Wetlands violations in Webster. MassDEP has issued this cease-and-desist Order to observed grading, excavation and alteration of wetlands resource area at the Webster Sturbridge Family Campground located on Douglas Road in Webster. MassDEP inspected the site at the request of the Webster conservation commission. Siltation caused by the lack of erosion controls was also occurring. Today's Order requires the company to stop work in the wetland resource areas and within the 100-foot Wetlands buffer zone, and to prevent any further erosion or siltation through placement of effective erosion controls. The company is also required to hire a wetlands specialist to evaluate the extent of impact to the wetland resource areas, develop a wetlands restoration plan for the site, and submit as-built plans for sewage collection system work that is occurring at the facility. Additional enforcement, including the assessment of an administrative penalty, is anticipated.

6/24/08: MassDEP issued a Unilateral Order to Henry J. (Sr.) LaMountain and Peter D. LaMountain, of Oxford for Solid Waste violations. MassDEP in responding to a complaint viewed the LaMountain property on Federal Hill Road in Oxford in March and April of 2008 from an adjoining property owned by the Commonwealth. During those inspections, the LaMountains were observed disposing of waste concrete on the property in violation of Solid Waste regulations. A pile of at least 500 cubic yards of waste concrete was observed being used to expand an existing parking lot on the property. Today's Order requires that the LaMountains immediately cease this disposal of waste concrete at the site, and requires them to hire a consultant to evaluate the volume of previously disposed material. MassDEP expects additional enforcement measures to affect a complete cleanup of the property, and to assess a civil administrative penalty.

6/24/08: MassDEP issued a Unilateral Order to Martin Linder for Wetlands violations in 512 Central Turnpike in Sutton. MassDEP has required that Linder cease the violations that occurred on his property and file with the local conservation commission in order to complete his approved restoration plan. Today's Order is accompanied by a $10,000 Penalty Assessment Notice (PAN) The Order and Penalty were issued after Linder and MassDEP could not reach agreement on a Consent Order that had been drafted to resolve the violations. An original Order issued to Linder regarding the same issues (9/10/07) required that all work within the bordering vegetated wetlands and buffer zone cease, the area stabilized immediately and a plan to delineate wetlands and restore altered areas must to be submitted. Linder has since complied with the initial directive, but an agreed plan to restore one acre of BVW has not been reached.

6/24/08: MassDEP entered into a Consent Order with the Barnstable Airport for Air Quality, Hazardous Waste Management and Groundwater Discharge violations in Hyannis. The Order resulted from an inspection of the airport and a number of tenants at the airport based upon a complaint regarding the practices of one of the tenants. The investigation revealed that the Airport was discharging or allowing the discharge of de-icing fluids and washes water from the washing of airplanes to a surface pond and to catch basins that leach into the ground and the existence of a floor drain into the drainage system from inside one of the airline hangars. Additionally the Airport had not performed the required annual tests on stage II (vapor recovery) controls on its gasoline dispenser, which is a requirement of the Air Pollution regulations and the state's Clean Air Act (State Implementation Plan) to reduce volatile organic compound emissions. The airport also had a number of hazardous waste management violations. The Order requires the Airport to correct all the violations and to eliminate the discharges to the ground and groundwater and to assess the impacts of the prior discharges. The Airport had already implemented Best Management Practices through a letter to all the tenants at the Airport as a way to eliminate any discharges from washing airplanes and vehicles and performing de-icing activities on an impermeable area and by vacuuming up any liquids generated as a result of such activities. Additionally, the Airport has agreed to undertake a Supplemental Environmental Project (SEP) by which it will retrofit two large pieces of diesel equipment consisting of a snow blower and a heavy-duty front-end loader.

6/23/08: MassDEP entered into a Consent Order with the New England Motor Freight, Inc. for Waste Site Cleanup violations in West Springfield. MassDEP found inconsistencies during an audit of the company's cleanup response (submitted in 2003), which was then retracted in December 2004. Corrective response actions began. However, NEMF recently requested additional time so they could put the project out to bid with new consultants. Delays in site cleanup and closure have occurred because of weather, contractual issues, and logistical challenges. Today's amendment establishes specific timelines for submittal of a phase 2 and phase 3 (addendum); a phase 4 (remedy implementation) phase 5 (final inspection) along with a completion statement (known as a response action outcome).

6/23/08: MassDEP entered into a Consent Order with a $3,450 Penalty involving the town of Duxbury for Solid Waste violations. MassDEP found the Town of Duxbury was in noncompliance, at the transfer station with solid waste regulations for identifying asbestos. The operator is required to complete a Supplemental Environmental Project that provides 24-hour asbestos inspector training for employees whose job description requires the ability to identify asbestos in the workplace. The cost of the training will serve to fulfill the $3,450 Penalty pending compliance.

6/23/08: MassDEP entered into a Consent Order with a $33,000 Penalty regarding George Kapalis for Waste Site Cleanup violations at 472 Concord Street in Framingham. Kapalis is the owner and/or operator of the property for which MassDEP had already issued a Notice of Noncompliance on 10/19/07. The owner is now required to submit an Immediate Response Action status report by 7/30/08, a phase 2 report by 6/30/09 and a phase 3 report by 9/30/09. After those actions are complete, a phase 4 report is due by 6/30/10 and a final outcome statement by 6/30/11. MassDEP has agreed to suspend $29,000 of the Penalty pending full compliance, and there is a stipulated penalty provision for any missed deadlines.

6/20/08: MassDEP executed a Consent Order with the town of Chester, for Water Supply violations. MassDEP determined that the community public water system exceeded the Maximum Contaminant Level for total trihalomethanes (a disinfection byproduct) in its drinking water. The Chester Water Department has agreed to undertake a study, additional monitoring and corrective actions to prevent future violations.

6/19/08: MassDEP entered into a Consent Order with a $20,000 Penalty regarding the Holyoke Sanitary Landfill, Inc., for Solid Waste violations. The company, which serves as the landfill operator has agreed to correct/address the level of staffing here as well as provide the required daily- and intermediate-cover.

6/19/08: MassDEP entered into a Consent Order with a $28,740 Penalty regarding Waste Management of Massachusetts for odor violations at the Cottage Street landfill in Springfield. The use of a short paper fiber bio-soil at the facility nearly closed down a meat packaging plant. The company has agreed to maintain compliance.

6/19/08: MassDEP entered into a Consent Order with an $8,500 Penalty regarding Bilmar Boarding and Grooming for operation of an animal crematory in Great Barrington without the required Air Quality permit approval. Bilmar will cease operating and dismantle the animal crematory. MassDEP has agreed to suspend $4,600 pending compliance with all terms of the agreement.

6/19/08: MassDEP issued a Notice of Noncompliance and a Unilateral Order to Cover Technologies, Inc. (CTI) for violations at its compost operation in Springfield. The violations involved activities at the Bondi Island Landfill where CTI has a permit that would allow them to build-up a compost pad with clean soils, road millings, and flowable fill. However, CTI is accepting soils and other materials that are mildly contaminated and do not meet the approved categories. Today's Order requires that filling activities cease.

6/19/08: MassDEP executed a Consent Order with a $1,440 Penalty regarding Quintal Burial Vault Incorporated for Wetlands violations in Dighton. The company makes precast concrete burial vaults. At this facility, the company has supplies brought by truck and poured into molds to make the vaults. Quintal was allowing the wash out of the concrete trucks to the ground and an area bordering a wetlands located on the property. Subsequent to MassDEP inspection, Quintal ceased allowing the washout of concrete trucks and the material located within the wetland resource area was removed and the waste concrete brought to a recycling facility. In addition to the Penalty, today's Order requires the company to cease the dumping of industrial waste water to the ground without a discharge permit, and to restore the wetland resource area.

6/18/08: MassDEP entered into a Consent Order with the town of Southwick and the town's Department of Public Works for Water Supply violations. The town has had a pattern of total coliform violations, exceedences of maximum contaminant level. The Southwick DPW reported its most recent bacteria incident while conducting a cross-connection survey and has now committed to specific actions should further detections occur in that area of its system.

6/17/08: MassDEP entered into a Consent Order with a $14,398 Penalty regarding Cytodx LLC/ConVerge for Hazardous Waste violations at its 200 Corporate Place, # 7 facility in Peabody. MassDEP inspected the facility on 3/11/08 and found that the company was registered with MassDEP as a small quantity generator (of hazardous waste) but was actually operating as a large quantity generator (of hazardous waste). In addition, Cytodx/ConVerge had violations of marking and labeling of hazardous waste, lack of delineation and lack of a sign for the hazardous waste accumulation area. No weekly inspections were posted and no emergency phone list was posted. Other violations involved the training of employees and in its contingency (emergency) plan. The company has agreed to the Penalty and this includes $3,160 in back fees. MassDEP agreed to suspend $7,198 if the facility remains in compliance for one year.

6/17/08: MassDEP entered into a Consent Order with $14,722 Penalty regarding Tympanium Corporation for Toxics Use Reduction Act (TURA) violations at 197 Commercial Street in Malden, Tympanium is a manufacturer of voltage regulators and electronic modules. During an inspection by MassDEP in May 2007 it was determined that the company had tripped the threshold for lead but has failed to file with the TURA program. Also, the company was recycling hazardous waste without a permit, and was mismanaging their hazardous waste. In addition to the Penalty, the company has agreed to bring the facility into compliance and will pay $3,000 for failing to file TURA reports for 2004-2006. MassDEP has agreed to suspend $7,211 provided all terms of the Order are met.

6/13/08: MassDEP Commissioner Laurie Burt issued a Final Decision accepting the terms of a Settlement Agreement and Administrative Consent Order with an $11,000 Penalty regarding Robert D. Quirk of Stow. The Order addresses Quirk's need to correct Wetlands violations on property he owns on Athens Street in Stow and resolves an adjudicatory proceeding regarding an appeal of a previous penalty assessed on 11/15/06. An inspection of the property by MassDEP found work within a wetlands resource area was taking place without any permits. The work resulted in alteration of a stream and the stream bank of a branch of the Assabet River, filling and grading of bordering vegetative wetland (BVW), and alteration of land subject to flooding and riverfront area. In addition to the Penalty, the Settlement requires Quirk to file with the Stow conservation commission to obtain a certificate of compliance. That certificate will document that the altered wetland resource areas have been restored as required by the Stow con-com. This action will result in restoration of 1,500 square feet of BVW and 5,000 square feet of riverfront area.

6/12/08: MassDEP entered into a Consent Order with Arrow Interventional, Inc., for Waste Site Cleanup violations at 9 Plymouth Street in Everett. The company is the owner and/or operator of the property for which it must now submit a phase 2 and phase 3 report by no later than 3/30/09. In addition, a phase 4 4eport for the site must be submitted by no later than 3/30/10 and a final outcome statement by 3/30/11. Today's order contains a stipulated penalty provision for any missed deadlines.

6/12/08: MassDEP entered into a Consent Order with a $25,000 Penalty involving Arthur C. Lamb Company for Waste Site Cleanup violations at its Canton facility. Previously, on 5/6/05, Lamb entered into an Order, also for failure to meet deadlines for comprehensive response actions. That Order established a deadline for the submittal of a final outcome by no later than 11/6/06. The deadline was not met, after which MassDEP issued a unilateral penalty assessment. Arthur C. Lamb appealed it. The two sides have now reached a settlement for the payment ($25,000) and established a new deadline for the submittal of the final outcome.

6/12/08: MassDEP entered into a Consent Order with a $6,900 Penalty regarding Parallel Products of New England for Industrial Wastewater and Groundwater Discharge violations in Taunton. The company has operated a consumer beverage container recycling facility in Taunton since 2004 (conditionally exempt recycling operation). Parallel Products receives full product beverage containers, removes the liquids, and consolidates the glass, plastic and metal containers. The liquids are containerized and sent for disposal as an industrial wastewater. In October 2007, in response to a second complaint, MassDEP conducted a second inspection of the facility and identified the violations relative to spent residual beverage fluids. Parallel Products immediately ceased discharge of any spent residual beverage fluids to the catch basin and the ground, and implemented procedures to prevent accidental discharge to the catch basin. Additionally, the company will clean out the impacted catch basin and come into compliance with the holding tank regulations.

6/11/08: MassDEP entered into a Consent Order with a $20,312.50 Penalty regarding A & E Environmental, Incorporated for Asbestos violations in Worcester. MassDEP observed the Westminster-based licensed asbestos contractor during an asbestos removal project being performed at a residence. During the inspection, MassDEP noted the removal asbestos-containing pipe insulation without having first properly sealed the work area, as well as additional material handling violations. Under the terms of today's Order, the company has agreed to comply with the regulations in the future. Based upon a demonstration of financial hardship conditions, $16,312.50 of the Penalty has been suspended provided that the company remains in compliance for one year.

6/9/08: MassDEP executed a Consent Order with a $5,000 Penalty regarding New-Mac Development Corporation for Waste Site Cleanup violations in Holyoke. The company failed to notify the Department, as required, when it gained knowledge of a condition of Substantial Release Migration (SRM). Chromium plating operations had been conducted at the site beginning in the 1950s up until 2003. Chromium and hexavalent chromium were detected in groundwater, which resulted in the original notification to MassDEP. However, subsequent response actions detected the presence of hexavalent chromium in surface water, which constituted an SRM for which notification to MassDEP was not made nor were immediate response actions conducted. During negotiation, New-Mac Development assessed the presence of chromium and hexavalent chromium in surface water. MassDEP has agreed to suspend $2,500 of the Penalty pending full compliance including submittal of results t to support the conclusions regarding site risk to environmental receptors. Also, the company will achieve a final response outcome within two years.

6/9/08: MassDEP entered into a Consent Order with a $1,500 Penalty regarding the Estate of Adella Gamache for Waste Site Cleanup violations at 4 Orcutt Street in Adams. The property was formerly operated as Greylock Ice & Fuel, and where (on 8/20/07) a release of fuel oil was discovered at the site during the removal of a large fuel oil storage tank. The tank was uncovered in preparation for removal. Upon discovery of the contamination, the Estate ceased removal of the tanks and backfilled the excavation. MassDEP would inspect the site on that day, and subsequently issued notices to the Estate of responsibility to and the need to conduct response actions. In addition to the penalty, today's Order requires the Estate to retain the services of a Licensed Site Professional to oversee assessment and removal of the tank(s) at the site, and submit an Immediate Response Action Plan within thirty days.

6/6/08: MassDEP entered into a Consent Order with a $6,000 Penalty involving the Charlton RT 20 Realty, Inc. of Shrewsbury for Wetlands violations in Charlton. The company has agreed to correct property it owns at 299 Worcester Road in Charlton where MassDEP observed fill material containing large pieces of concrete and asphalt being deposited into a bordering vegetative wetland (BVW) on the property. Additional alteration was also noted occurring as the result of the discharge of fill caused by erosion and storm water runoff into the BVW. MassDEP initially issued a Unilateral Order on 5/18/07 requiring the company to cease the work/activity and to initiate certain preliminary corrective steps to prevent further damage. Today's Order requires the company to implement and maintain an approved erosion and sedimentation control plan to stabilize the site; to complete permanent slope stabilization activities; and, to remove all solid waste materials located on the site. A separate Consent Order with JM Environmental Corporation will be responsible for the vegetative regeneration of the affected wetland resource areas, and result in the hiring of a wetland specialist to monitor all wetland restoration work. These two enforcement actions will result in restoration of 2,500 square feet of BVW and the removal and proper handling of 100 cubic yards of solid waste.

6/6/08: MassDEP executed a Consent Order with Coastal Oil New England for Waste Site Cleanup violations at Farragut Road and East First Street (Conley Terminal) in South Boston. The company is the former operator of a facility on the southwest portion of Mass Port's Conley Terminal where cleanup response violations took place including the failure to submit phase 2, 3 and 4 reports and a (final) response outcome statement within the deadlines established. These missed deadlines were noted by MassDEP when it issued to the company a Notice of Noncompliance on 11/21/0. Today's Order establishes new deadlines to return to compliance with the submittal of phase 2 and 3 reports by 2/27/09; a phase 4 plan by 5/15/09; and, either a (ongoing) remedy-operation status report or a (final) outcome by no later 5/15/10. In addition, Coastal Oil New England has agreed to pay a $1,000 a day in stipulated penalties in the event of non-compliance.

6/5/08: MassDEP issued a Unilateral Order to the town of Rutland for Wetlands violations. The town is required to correct violations that occurred on town property located behind the Glenwood Elementary School in Rutland. MassDEP conducted an inspection of the area and observed alteration of a stream, bank and adjacent bordering vegetated wetland (BVW) caused by logging activities at the site. Those activities were taking place in violation of Wetland regulation performance standards, and without first obtaining approval from the Rutland conservation commission. MassDEP issued today's Order requiring the town to immediately cease and desist from further logging activities within wetland jurisdictional areas and immediately stabilize the work site with adequate erosion controls. Through today's Order the town is also required to hire a wetlands specialist to evaluate the extent of damage to wetlands resource areas, and submit a restoration plan to MassDEP. Compliance with this Order will result in placement of proper erosion controls and protection of wetland resource areas.

6/4/08: MassDEP issued a Unilateral Order to PCK Realty, LLC, for Solid Waste violations in Charlton. MassDEP ordered the company to immediately cease and desist from accepting, crushing or otherwise processing asphalt, brick and concrete (ABC) materials at its Griffin Road location until such time as the Department has authorized such activity through a negative Determination of Need for a Site Assignment permit.

6/3/08: MassDEP entered into an Amendment to an existing Consent Order with a Torromeo Industries, Inc of Old Ferry Road in Methuen. Today's Amendment is relative to violations on many requirements and deadlines to bring the site into compliance with Air Pollution Control, Hazardous Waste, Industrial Wastewater, Solid Waste, and Wetlands regulations. With work completed, penalty paid, and most mitigation deadlines timely met, this amendment establishes reasonable extended deadlines for implementation of some mitigation activities that have been delayed due to unforeseeable circumstances in coordinating with other regulatory authorities including the review of plans by the Natural Heritage Program.

6/2/08: MassDEP and Office of the Attorney General entered into a Settlement Agreement that settled the outstanding litigation related to a dam project at Mill Pond in Sheffield with Petricca Construction Company ("Petricca"). Petricca was the contactor under an approved Dam Repair Project in Sheffield in July 2001. The work performed failed to follow the conditions set forth in the Order of Conditions resulting in a more significant drawdown of the impoundment, scouring of the pond bottom and discharge of sediments downstream. The Settlement Agreement includes entry of a Final Judgment with the Superior Court providing for a cash settlement in the amount of $10,000 and a prohibition on future violations of the Wetlands Protection Act. MassDEP and the Office of the Attorney General had previously settled a claim against the engineering consultant for the project, S-K Design Group, Inc., that had been retained to design and supervise the project. The settlement included a cash payment in the amount of $25,000.

6/2/08: MassDEP entered into a Consent Order with a $5,750 Penalty involving Long View Recreational Vehicles, Incorporated for Hazardous Waste Management and Industrial Wastewater violations in Hatfield. MassDEP noted the violations during a MassDEP inspection of the company's facility where the discharge of industrial wastewater (wash water from washing of vehicles) to the ground was occurring. In addition, several hazardous waste management violations were observed. The company has been working MassDEP to address the compliance issues. MassDEP has agreed to suspend $1,750 of the Penalty pending compliance.

May 2008

5/30/08: MassDEP issued a Unilateral Order to Barbara M. and Sean Joyce, 69 Pearson Drive for Wetlands violations at 69 Pearson Drive in Newbury. The residential property was the focus of a July 2007 enforcement order issued by the Newbury Conservation Commission. The local con-com ordered wetland restoration in compliance with an approved restoration plan. Responding to a complaint from a neighbor, MassDEP staff visited the site in April 2008 and observed a front-end loader being operated by Sean Joyce in a Bordering Vegetated Wetland (BVW) where a resource area had been excavated, many trees had been damaged and wetland vegetation had been destroyed. New fill material was also placed in the BVW and buffer zone with no erosion control measures being taken. None of this activity was in compliance with the restoration plan that had been approved by the con-com. The actions at the property resulted in alteration and/or destruction of approximately 5,000 square feet of BVW. MassDEP then issued a verbal cease and desist order. Today's Order is issued requiring temporary stabilization and erosion control on the site it further requires them to cease and desist all activity within the state's Wetlands Protection Act jurisdiction until such time as MassDEP issues additional orders relative to resource area restoration and mitigation. Additional enforcement action is expected.

5/29/08: MassDEP entered into a Consent Order with a $24,720 Penalty regarding the city of Gloucester for Water Pollution Control violations at the waste-water treatment plant. At 50 Essex Avenue. Gloucester Mayor Carolyn Kirk has agreed to the upgrades to the wastewater treatment plant allowing resolution of long negotiation process. The agreement was possible given the mayor's presentation of the City's current fiscal crisis and MassDEP willingness to reach an agreeable solution within the municipality's current fiscal constraints (given the city's claims to have the highest water and sewer rates in the country). Most of the plants mechanical, structural and process controls have exceeded their useful life, with a lengthy history of primary effluent water quality violations and Sewer System Overflows (SSO) related to failures and operation and maintenance problems at the plant. The city performed a detailed comprehensive plant evaluation with resulting recommendations for upgrades at the plant. MassDEP has agreed to allow the city a five-year window to complete all three of these recommended phases, pending the outcome of a citywide financial audit, provided that phase one work is immediately commenced. The city has sought and been approved for financial monies to conduct this work (a low-interest loan via the State's Revolving Fund) that includes all three phases of the recommended work. MassDEP has agreed to suspend the full Penalty provided the city full complies with all conditions of today's Order.

5/29/08: MassDEP executed a Consent Order with a $32,000 Penalty regarding Testa Corporation for Waste Site Cleanup violation on Ocean Avenue in Revere. The site is property owned by the Commonwealth (overseen by the Department of Conservation and Recreation). Testa performed work in violation and MassDEP issued a Notice of Noncompliance on 10/18/07. Today's Order requires a Release Abatement Measure status reporter or completion statement by no later than 5/15/08; a phase II by 1/31/09; a phase III by 4/30/09; a phase IV by 7/31/09; and, a final outcome statement by 1/31/10. MassDEP has agreed to suspend $27,000 of the Penalty pending full compliance and also contains a stipulated penalty provision for any missed deadlines.

5/29/08: MassDEP executed a Consent Order with a $8,625 Penalty involving Fairfield Dedham, LP for Waste Site Cleanup violations at 250 Elm Street in Dedham. Fairfield Dedham is developing a residential property in Dedham. In January 2007 Fairfield conducted a Release Abatement Measure (clean-up action) without approval and in violation of the state cleanup regulations. Today's Order requires that Fairfield cooperate with the former owner of the site in achieving and maintaining agreement on final closure filed for the site, including, in necessary, filing an Activity and Use Limitation on future activities.

5/29/08: MassDEP entered into a Consent Order with a $17,822 Penalty regarding JD Realty, LLC for Waste Site Cleanup violations at 540 Main Street in Tewksbury. JD Realty operates a Gold's' Gym at this location where in 1987 MassDEP was notified of a release of chlorinated solvents. In 1998, a final outcome on the cleanup - a Response Action Outcome Class C - was submitted for the site. MassDEP conducted an audit of the cleanup at this site and invalidated the Class C RAO. The violations included the terms set forth in the site's Activity and Use Limitation ("AUL"). Today's Order also requires that JD Realty conduct indoor air sampling and a risk evaluation of the data; complete a phase II comprehensive site assessment; and complete, if necessary, a phase III remedial action plan; complete, if necessary, a phase IV remedy implementation plan; and submit another RAO. MassDEP has in turn agreed to suspend $9,422 of the Penalty pending full compliance with all terms of the Order.

5/29/08: MassDEP entered into a Consent Order with a $5,016 Penalty regarding ExxonMobil Oil Corporation for Air Quality (vapor recovery) violations at its 95-97 Westford Road stations in Tyngsboro. MassDEP initially inspected the facility on 11/28/07 and issued a Notice of Noncompliance for vapor recovery violations. A follow-up inspection on 1/17/08 showed the station is in continued noncompliance with MassDEP's regulations. The station failed to replace damaged equipment, continued to do inadequate weekly inspections, did not post "Out of Order" signs on damaged equipment, failed to have vapor recovery test records onsite and failed to have the manager's vapor recovery training certificate onsite for inspector review. Today's Order requires ExxonMobil Oil Corporation to pay the Penalty and return to compliance.

5/28/08: MassDEP and the EPA Agreed to Conduct magnetometer survey at the Zina Property in Hudson. The survey of the former pig farm will be to determine if additional buried drums are located on the property. They will be taking soil samples and will have a portable laboratory on-site for analysis. MassDEP has already identified 90 - 100 drums that were buried on the property and leaking toluene and methylene chloride. Thomas Zina was arraigned in Middlesex Superior Court and pleaded not guilty to charges that he failed to report a release of hazardous materials (16 counts) at his former pig farm in Hudson.

5/27/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding TM Construction Services, LLC of Wilbraham to address noncompliance with asbestos handling regulations at a residential roofing project in Wilbraham. MassDEP initially responded to a complaint of suspect asbestos roofing being removed improperly. Upon inspection, MassDEP found asbestos shingles that were under asphalt shingles that had been removed improperly. TM Construction Services took measures to clean up the site and return to compliance. MassDEP has agreed to suspend $6,000 of the Penalty pending full compliance during a one-year probationary period.

5/27/08: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Norma Hartman for Asbestos violations in Springfield. In response to a complaint, MassDEP personnel conducted an inspection of a property, owned by Hartman, on Gilbert Avenue in Springfield. MassDEP personnel observed asbestos-containing waste material, specifically pipe insulation, on the property's front porch as well as the basement.

5/27/08: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Richard Brites for Asbestos violations on a Clinton Avenue structure in Pittsfield. MassDEP personnel observed an antiquated boiler and approximately ten linear feet of steam pipes ("mechanical components") in the back yard of the site. The mechanical components were coated with insulation suspected to be asbestos-containing material. An inspection of the basement revealed that the boiler had been removed from the basement and suspected asbestos-containing materials were scattered on the floor of the basement. A further investigation revealed that Brites had performed the boiler removal and performed the asbestos handling work at the site. A review of MassDEP records revealed that there was no notification on file, and that Brites is not licensed as an asbestos removal contractor. Brites has agreed to take a 16-hour asbestos awareness training class and MassDEP has agreed to suspend the full Penalty was suspended due to Brites' demonstrated financial inability.

5/27/08: MassDEP entered into a Consent Order with a $4,000 Penalty involving the Maney Realty Trust for Waste Site Cleanup violations in Northborough. The Trust has agreed to conduct additional response actions to correct violations regarding the notification and cleanup requirements for the oil and chlorinated solvent contamination at the previous operation at the 247 Main Street property (Northborough Oil). In 2004, the Trust submitted a final outcome (Response Action Outcome) documenting its assessment and cleanup actions. MassDEP commenced an audit of that report in 2007. During the audit, MassDEP identified violations including the fact that chlorinated solvent contamination exceeded the applicable standard in groundwater, and had not been reported to MassDEP or included in the risk characterization. This violation was of concern to MassDEP because the contamination is located within the Zone II recharge area for a public water supply well. Upon identification of these violations, the Trust promptly provided the required notification, and it has retracted its previous RAO. In addition to the Penalty, the Trust has also agreed to revise its risk characterization and conduct additional cleanup actions if necessary.

5/27/08: MassDEP entered into a Consent Order with Hale Reservation, Inc., for Wastewater and Water Supply violations in Westwood and Dover, specifically related to the facility's existing septic systems, the aggregate design flow of which exceeds 20,000 gallons per day. The facility operates as an unregistered Public Water Supply at the site. Hale operates an approximately 12,000-acre recreational area in conjunction with its nine agency partners. Over 2,000 children daily attend the day camps offered during the summer months. In addition, Hale operates a seasonal membership beach for up to 500 families and provides educational and recreational programs and opportunities year-round. Today's Order requires that Hale inventory and inspects its existing wastewater disposal facilities and submits a plan and schedule for bringing the facility into compliance with regulations for groundwater discharge permits. In addition, Hale will operate the on-site wells as a Public Water Supply with all required testing and professional operation. In the event that treatment of the water supply is needed, Hale will provide any treatment as subject to MassDEP requirements.

5/23/08: MassDEP executed a Consent Order with the town of Plymouth regarding the protection of wetlands areas of Long Beach in Plymouth. Long Beach is a town-owned beach containing nesting habitat for piping plovers and least terns. Today's Order allows the town to open Long Beach to off road vehicles (ORVs) in accordance with the terms of the expired final order of conditions and its Beach Management Plan, which conditions the operation of ORVs on the beach to avoid impact to shorebird habitat and coastal resource areas. The town's previous order, which implemented the BMP, had expired. The town then filed a notice of intent in February 2008. The local conservation commission followed by issuing an order allowing the beach management plan in March 2008. Abutters and a wildlife group then requested a superseding order, which is currently pending. Today's Order concerns the operation and management of activity during this process.

5/23/08: MassDEP concluded an Amendment to an existing Consent Order involving the Wilbraham Water Department in Wilbraham. MassDEP concluded an amendment concerning the Department's provision of permanent corrosion control treatment for all its customers.

5/21/08: MassDEP inspected compost site facility operated at Rocky Hill Farms in Saugus along with a technical assistant/consultant, and representatives of the Department of Agricultural Resources and the Saugus and Wakefield boards of health. This commercial composting site in Saugus has reportedly experienced operational difficulties and has been the subject of odor complaints from neighbors. MassDEP technical assistance grant enabled this visit and was intended to evaluate existing problems, make both short- and long-term recommendations to improve the operation through new in-vessel technologies, including anaerobic digesters, and to refine a plan for eventual expansion of the site.

5/21/08: MassDEP issued a letter seeking additional information to the town of Marblehead relative to its wastewater management. The town has failed o adequately respond to a Notice of Noncompliance issued by MassDEP on 12/27/07 for violations of state water quality standards. MassDEP's bacterial source-tracking program performed a series of site visits to Stramski Beach in Marblehead to sample and test water quality for violations of bacteria. The site is a bathing beach utilized by both young and old. 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 the open stream leading to the beach were sampled, over an approximate distance of 1,200 ft. Consistent with prior years data collected by Salem Sound Coastwatch, MassDEP has found several exceedences of state water quality standards for bacteria. The town's response to date has failed to adequately rule out possible illicit connections resulting in water quality violations to the stream. At MassDEP's direction, the town has now developed a water-quality monitoring plan that will be implemented during Memorial Day weekend - the start of the beach season. MassDEP is requiring the town to take additional actions to investigate and address any possible up stream sources of pollution.

5/20/08: MassDEP entered into a Consent Order with a $4,025 Penalty regarding Woods Hole Golf Club in Falmouth for Hazardous Waste and Air Quality violations. A multi-media inspection revealed Woods Hole Golf Club had not complied with Stage II (vapor recovery), recordkeeping/inspection requirements; and, hazardous waste manifest and accumulation area requirements. The facility was operating with an Underground Injection Control regulated floor drain. The company has agreed to bring the facility into compliance with all environmental regulations.

5/19/08: MassDEP entered into a Consent Order with a $20,000 Penalty regarding Michael Malvers for Waste Site Cleanup violations at 106 Hale Street, in Haverhill. Malvers is the owner and/or operator of the property where he has failed to meet deadlines established on 11/13/06. Malvers has agreed to submit a phase I and tier classification by no later than 11/19/08. MassDEP has agreed to suspend $12,000 Penalty and contains stipulated penalties for any missed deadlines.

5/19/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Decas Cranberry Company, Inc. for Wetlands and Water Management Act violations. In addition, the company is required to conduct a Supplemental Environmental Project (SEP), which includes a series of projects meant to improve the environmental performance of Decas bogs. The SEP includes erosion control, bog renovation, and replacing a diesel pump with an electric pump. The Order also sets a timeline for Decas and MassDEP to collaborate on ways to address Chapter 91 (waterways licensing) needs at the state's "Great Ponds."

5/16/08: MassDEP has issued a Unilateral Administrative Order to Alby's Salvage, Inc., for Hazardous Waste and Solid Waste violations at 87 County Road in Plympton. MassDEP noted that solid waste was strewn about the site, some which appeared to have been buried or located in groundwater. Additionally, rusted drums of waste oil were observed outside on bare ground with the potential for the contents to be released. The Order required that no solid or other waste be brought to the site and buried and that the drums of waste oil be secured with the contents legally removed from the site. Additional enforcement will be pending to address all solid and hazardous waste issues at the site.

5/15/08: MassDEP entered into a Consent Order with the Hardwick Vineyard and Winery in Hardwick for Water Supply violations. The company is a small vineyard and winery that grew until eventually operating as a public water supply without proper approvals. Shortly after it was registered (as pre-existing non-conforming system) the owners decided to shut the system down and inactivate, but early in 2008, reconsidered and has now sought to re-activate. Under today's Order, the Vineyard will schedule testing and cross-connection survey and retain the services of an operator as required.

5/14/08: MassDEP issued a Notice of Intent to Assess a $50,412.50 Civil Administrative Penalty (PAN) to Robert E. Peltier (as trustee of TCB Realty Trust #1) for Asbestos violations noted during the demolition of an industrial building in Worcester. Responding to a complaint, MassDEP observed workers, hired by the Trust, demolishing the asbestos-sided structure with an excavator and without the use of any wetting agents to suppress fugitive dust emissions. The inspectors also discovered that dry, uncontained asbestos-containing waste material had been buried on the site. Prior notification of the commencement of the demolition of the asbestos-containing structure had not been provided to the Department, as required by the regulations.

5/13/08: MassDEP executed a Consent Order with Mattbob, Inc. for Waste Site Cleanup violations at 145 Taylor Street in Littleton. Today's Order establishes a legally enforceable schedule for the completion of assessment and the cleanup of its property. The company plans to develop the currently vacant property into a storage facility. MassDEP previously issued a Notice of Noncompliance to Mattbob, Inc. for failing to submit required cleanup reports. Mattbob, Inc. requested an extension of time to correct the violations. The proposed schedule has now been incorporated into today's Order along with stipulated penalty provisions should Mattbob Inc. fail to conduct the required actions.

5/13/08: MassDEP entered into a Consent Order with James J. Morin for Water Pollution Control (septic system) violations in Holden. MassDEP determined that Morin had allowed his certifications as a Soil Evaluator and Septic System Inspector to lapse, but continued to perform soil evaluations. Today's Order requires Morin to retake the Soil Evaluator Training and the System Inspector Training examinations, and to obtain the required certifications prior to performing any further inspections. Today's action will ensure the public is served by professionals who hold the appropriate certifications, and that those certifications are also up to date.

5/13/08: MassDEP executed a Consent Order with a $15,000 Penalty regarding JM Environmental Corporation for Wetlands violations at 299 Worcester Road in Charlton. MassDEP received a complaint and found personnel from the company, which is based in Worcester, depositing fill material containing large pieces of concrete, and asphalt into a bordering vegetative wetland (BVW) on the property, with additional alteration occurring because of the further discharge of fill from erosion and stormwater runoff into the resource area. Previously, on 5/18/07, MasssDEP issued a Unilateral Order to the JM Environmental Corporation to cease the violations to take certain corrective actions. Today's Order now requires the company pay the Penalty, and implements an approved restoration plan that will result in the removal of solid waste and fill material from the wetland, and provide for vegetative regeneration of the effected wetland resource areas. The owners will also hire a wetland specialist to monitor all wetland restoration work. This action will result in restoration of 2,500 square feet of BVW, and the removal and proper handling of 100 cubic yards of solid waste.

5/9/08: MassDEP issued a Unilateral Administrative Order to Continental Wingate Development - owner of the Mary Lyons Nursing Home - for Water Pollution Control violations in Hampden. Today's Order requires the Development to take immediate actions in order to prevent further backup, overflow and discharge of sewage from the septic system and was issued after an inspection revealed evidence of overflow from sewer manholes. The Order also requires the facility to inspect and monitor the tanks twice per day and pumps the tanks as necessary to prevent discharge. The facility shall continue this process until the disposal system is upgraded or MassDEP approves an acceptable alternative.

5/9/08: MassDEP issued a $10,000 Penalty to New England Fertilizer Company (NEFCO) which is a joint venture of O'Connell Development Group, Inc. & Dunn Associates, Inc. These partners operate the pelletization plant at the Massachusetts Water Resources Authority (MWRA) Fore River facility in Quincy. Today's Penalty is issued under the previously agreed Approval of Suitability to operate issued by MassDEP. NEFCO was penalized for allowing 231 tons of finished pellets, which did not meet the type-one limit for molybdenum (25 mg/kg), to be shipped and distributed to the Four Star Farm in Northfield. The pellets were distributed and later applied to land at the farm between 8/1/07 and 8/15/07. NEFCO did not follow their Sampling and Analysis Plan approval, which requires the pellet product to be stored on-site until analysis confirms the pellets meet the type-one criteria, which would then allow it to be distributed in Massachusetts.

5/8/08: MassDEP issued a $30,100 Penalty Assessment Notice (PAN) to Ted Lorenzetti for Asbestos violations at 2 Martin Terrace in Milton. After receiving a complaint of improper asbestos removal from the town's Board of Health, MassDEP found improperly removed asbestos containing pipe and boiler insulation at the address. An attempt to reach or discuss settlement in the case, failed. As a result, MassDEP issued today's unilateral PAN.

5/7/08: MassDEP entered into a Consent Order with James T. and Mary Jane Fitzpatrick, owners of the Sutton Medical Building for Water Pollution Control (septic system) violations at 188 Worcester-Providence Turnpike in Sutton. While MassDEP was reviewing a proposed new water supply well (this facility serves as a Public Water System), MassDEP personnel determined that the on-site septic system was within the defined Interim Wellhead Protection Area of the building's existing water supply area, and, a second public water system, located on an adjacent property, along with the proposed new Public Water System. MassDEP also determined that the on-site disposal system did not meet the nitrogen loading requirements Today's Order establishes an enforceable schedule to bring the on-site disposal system for the Sutton Medical Building into compliance with the nitrogen loading restrictions. The owners can correct the violation by obtaining sufficient nitrogen credit land, and upgrading the septic system, or connecting the facility to municipal sewers. This action will result in the proper treatment of 1, 250 gallons per day of wastewater.

5/7/08: MassDEP issued a Unilateral Administrative Order to the Manchester-Essex Regional School District for Wetlands violations at the construction site on Lincoln Street in Manchester-by-the-Sea. MassDEP observed violations on three different days including: inappropriate de-watering, inadequate erosion control, inadequate maintenance of erosions controls, and, unauthorized widening/dredging of a stream channel tributary to Saw Mill Brook. These violations caused significant erosion and discharge of sediment that impaired and altered resource area (land under water bodies & waterways). Today's Order is issued as a written cease-and-desist, following a verbal cease and desist made in the field by staff and also requires that a wetland scientist be retained to prepare, and within 30 days submit for approval, a restoration plan for the impacted areas.

5/7/08: MassDEP executed an Amendment to an existing Consent Order with an additional $750 Penalty regarding Rita O'Brien & William Settipane of Revere for Wetlands violations. The previously executed Order contained certain submittal deadlines and scheduled Bordering Vegetated Wetland (BVW) restoration. Such submittal deadlines and scheduled restoration were not adhered to or completed. This amendment establishes a new schedule/deadlines and adds an additional $750 to the Penalty.

5/6/08: MassDEP executed a Consent Order with the town of Wayland for Waste Site Cleanup violations at its School on Adams Lane. The town is the owner and/or operator for the facility where it has failed to meet cleanup deadlines established in a previously issued MassDEP Notice of Noncompliance (2/20/08). Today's Order requires a phase II report by 12/30/09; a phase III report by 2/28/10; a phase IV report by 12/31/10; and, a final outcome statement by 12/31/11. There is also a stipulated penalty provision for any missed deadlines.

5/6/08: MassDEP issued a Unilateral Order to WPC Hampden, Inc., operator of Mary Lyons Nursing Home, requiring it to cease the discharge of effluent from its septic system to the ground. MassDEP inspected the site in response to a call from the facility reporting the discharge. The facility is operating the wastewater system as a tight tank and is expected to expedite a system upgrade, a matter that has already been the topic of ongoing discussions with MassDEP.

5/5/08: MassDEP entered into a Consent Order with North Chelmsford Water District for Water Supply violations in Chelmsford. The District failed to provide continuous reading of pH monitoring after the addition of potassium hydroxide, a chemical used to change the pH of the water delivered to consumers. The failure represents a violation of water supply regulations.

April 2008

4/30/08: MassDEP entered into a Consent Order with $17,500 Penalty regarding D&R General Contracting of Stoneham for Waste Site Cleanup violations in Braintree. D&R failed to notify the Department of an asphalt-emulsion release at their Braintree facility. The company has cooperated and has agreed to the Penalty.

4/30/08: MassDEP has entered into a Consent Order with a $5,000 Penalty regarding Santkrupa Realty Corporation for Wetlands violations on Route 122 in Blackstone. Following a request for assistance from the Blackstone Conservation Commission, MassDEP personnel inspected the area and observed alteration of bordering vegetative wetland and work in wetland and buffer zone areas without permits. In addition to the Penalty, the company is required to implement an approved restoration plan, which will include removal of materials in the wetland and adjacent stream channel, monitoring the vegetative regeneration in the affected areas and installation of a fence to deter future encroachment on the wetlands. The action will result in the restoration and protection of 2500 square feet of wetland resource areas.

4/30/08: MassDEP entered into a Consent Order with Southern Berkshire Regional School District for Waste Site Cleanup violations in Sheffield. As owner and operator of the property at 491 Berkshire School Road, the School District was cited for failure to submit its required periodic review of the temporary solution, which was/is to be submitted every fifth year. Under today's Order, the District has a deadline of 10/31/08 for the submittal of either its required periodic review or alternative outcome statement. In addition, the District has agreed to pay $1,000 day in stipulated penalties in the event it violates any provision of the Order.

4/30/08: MassDEP entered into a Consent Order with Wilkinsonville Water District in Sutton to resolve Water Supply related violations at the Hatchery Road Well. The violations involved an over-feed of potassium hydroxide into the public water system, which occurred on 9/26/07. Today's Order requires a number of upgrades and modifications to the water supply system to assure the proper functioning of the existing alarm system and chemical feed process. Approval of the completed modifications by MassDEP is required prior to reactivating the chemical feed system. The District will spend $12,125 to implement an Environmental Management System (EMS) to assist the district in preventing similar events in the future. The actions will ensure that the 2,834 customers served by the community public water supplier and will continue to receive water that is safe and fit to drink.

4/30/08: MassDEP entered into a Consent Order to Wilkinsonville Water District in Sutton to address violations at the Water Supply well at Hatchery Road. On 9/26/07, an overfeed of potassium hydroxide into the public water system occurred. The Order requires a number of system upgrades and modifications to ensure the proper functioning of the alarm system and chemical feed process.  Under the Order, the District has agreed to spend $12,125 to implement an Environmental Management System to prevent a recurrence. This action will help protect the water supply for 2,834 customers.

4/29/08: MassDEP entered into a Consent Order with Assurance Technology Corporation in Carlisle for Drinking Water Program violations in Carlisle. The company violated the Lead & Copper Rule and will take appropriate steps to address/correct the violations.

4/28/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding AM Construction of Springfield for Asbestos violations at a residential building in Holyoke. MassDEP responding to a complaint found asbestos-roofing material being removed improperly. Further the failure to use a licensed asbestos removal company and led to the improper handling of asbestos-containing waste material. Once notified by MassDEP of the problems, AM Construction took measures to clean up the site and handle the asbestos containing roofing material properly. MassDEP has agreed to suspend $5,000 of the Penalty pending a one-year probationary period.

4/28/08: MassDEP entered into a Consent Order with Vacation Village in the Berkshires, Inc., for Water Pollution Control violations in Hancock. Under today's Order, MassDEP has agreed to allow a schedule to replace the company's existing wastewater treatment facility that serves these vacation-resort condominiums. The owner had sought to replace the facility after repeated attempts to troubleshoot and operate the existing six-year old facility, but failed to meet effluent (discharge) limitations.

4/28/08: MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of South Hadley to address illegal disposal of street sweepings and catch basin cleanings in South Hadley. In addition to the Penalty, the town will conduct a Supplemental Environmental Project, valued at $12,000. The SEP will provide for the regional collection of household hazardous waste and bulky items generated outside the town of South Hadley.

4/28/08: MassDEP entered into a Consent Order with a $3,000 Penalty regarding Hampden Veterinary Clinic in Hampden for Hazardous Waste and Water Pollution Control violations. The violations were discovered during an inspection of the Hampden facility. The Clinic was found to be discharging from its silver recovery unit solutions to the septic system and failing to register as a generator of hazardous waste. The facility has agreed to bring the facility into compliance and MassDEP has agreed to suspend $2,000 of the Penalty pending compliance.

4/28/08: MassDEP entered into a Consent Order with Mass Highway for Waste Site Cleanup violations at 64 Vine Street in Middleboro. MassDEP review of final cleanup outcome statements submitted relative to this property found that the response actions conducted were not sufficient to demonstrate a permanent solution has been achieved. MassDEP has conveyed its findings to Mass Highways, in a Notice of Audit Findings and Notice of Noncompliance (NON). The NON contained a timeframe to undertake the response actions necessary to address the violations, and then to submit a revised outcome, or retract its outcome statement and complete additional response actions. Upon receipt of the NON, MHD informed MassDEP it intended to undertake and complete the work necessary to address the violations. However, additional time beyond that allotted was needed. As a result, MassDEP has entered into today's Order in order to establish new deadlines.

4/28/08: MassDEP entered into a Consent Order with an $11,500 Penalty regarding Judy Strout as President and Director of S & S Lumber, Inc for Wetlands violations at 110 Main Street in North Reading. After conducting an inspection of the site, MassDEP staff found that construction of a culvert, movement of heavy equipment and stockpiling of building materials had resulted in the destruction of 500 square feet of bordering vegetated wetland. Also, a 5,000 square foot storage building was constructed in bordering land subject to flooding, and work had taken place within the buffer zone. All such activities were conducted without any filing for or receiving the required authorization. Today's Order requires restoration, long term monitoring, and compensatory storage for all lost storage volume. MassDEP has agreed to suspend $5,500 of the Penalty pending final compliance.

4/25/08: MassDEP entered into an Amended Consent Order with Kripalu Center in Stockbridge for Water Supply violations. The Center has agreed to a previous Consent Order that adjusts the schedule and conditions for completing an expansion and associated work related to a new drinking water source, or, if failing that, establishing an inter-connection with an existing Public Water System in either Stockbridge or Lenox.

4/24/08: MassDEP has issued a $31,720 Penalty Assessment Notice to Common Crossing, Inc. for Waste Site Cleanup violations at its commercial property in Berkley where methyl-tert-butyl-ether ("MtBE") has been detected in groundwater. Common Crossing has failed to conduct any response actions at the property to address this condition. The property owner failed to comply with a previously issued Notice of Noncompliance that had been issued to them in August 2007. Today's Order requires Common Crossing to initiate response actions at the Site, in addition to the Penalty.

4/23/08: MassDEP entered into a Consent Order with a $5,000 Penalty regarding the Dover Water Company Inc. in Dover. MassDEP found that the company made substantial modifications in the construction of the Well Pump Station building without first obtaining Department approval for such modifications and in doing so, violated the Drinking Water Regulations and as a result has agreed to the Penalty payable within thirty days.

4/23/08: MassDEP issued a $13,700 Penalty Assessment Notice to Donald Simmons, d/b/a DDS Roofing, regarding an asbestos-removal project conducted at a private residence located in Holliston. In response to a complaint alleging the illegal removal of asbestos-containing materials at the site. MassDEP determined that prior notification of the asbestos removal project had not been provided, as required, and conducted an on-site inspection and verified that asbestos-containing materials were being improperly removed and managed. .

4/23/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Commonwealth Tank, Inc., for Wetlands violations at 10 Carpenter Road in Lynnfield. On 11/10/06, a sudden release of #2 fuel oil occurred at a residential property (10 Carpenter Road, Lynnfield), and the company was hired by the property owner to conduct an Immediate Response Action, which included the pumping of oil and groundwater from a sump to a holding tank and deployment of a boom and pads in Hawkes Brook to capture oil weeping out of the bank. On 12/21/06, MassDEP inspected the site and observed heavy equipment on the site removing the fuel oil impacted soils in the rear yard. This work, including removal of bank and the stockpiling of large mounds of fuel oil impacted soil consisting of fine silts and clay migrating onto the bank of Hawkes Brook. This activity resulted in alteration of 60 linear feet of bank and impacts to buffer zone and Hawkes Brook. Such activates were conducted without filing for or receiving any appropriate authorizations including any Emergency Certification. Today's Order requires temporary stabilization measures, full bank restoration as well as long-term monitoring and reporting. Additionally, the company is required to develop and implement an employee wetlands identification and delineation training program with training certification documentation.

4/22/08: MassDEP entered into a Consent Order with an $8,625 Penalty regarding GPT-Longfellow Glen, LLC for Groundwater Discharge violations at the Longfellow Glen Apartments in Sudbury. MassDEP discovered that Longfellow Glen Apartments is served by four septic systems, the total design flow of which exceeds 24,000 gallons per day. This is a violation of the Groundwater Discharge Permit regulations. Today's Order requires GPT-Longfellow Glen, LLC to apply for a groundwater discharge permit, to construct a wastewater treatment plant in accordance with approved and permitted plans and specifications and to inspect the existing systems on a regular basis until the wastewater treatment plant is constructed. The entire Penalty will be suspended if the LLC meets all compliance deadlines and conditions.

4/22/08: MassDEP entered into a Consent Order with Elm Hill Water District for Water Supply violations in Auburn. The District has agreed to bring the pubic water supply system into compliance with regulations and establish a schedule for the hiring of sufficient staff to carry out the responsibilities and to correct lead and copper rule violations. Today's Order also requires the District to submit an update to the District's distribution study report so as to delineate specific recommendations and schedule that will bring about optimal corrosion control treatment. The list of improvements must effectively demonstrate the District's capacity to maintain the system in compliance with the regulations. This action will ensure that the 2,155 residents served by the system will continue to receive water that is safe and fit to drink.

4/22/08: MassDEP entered into a Consent Order with First Congregational Church of Sutton for Water Supply violations in Sutton. The Church has entered into an enforceable schedule for the development of an approved non-transient, non-community public water supply system at the Puckihuddle Pre-School, which is operated on the Church's property. Today's Order requires the owners to operate its on-site well in accordance with the requirements for a NTNC public water supply system, and to complete required upgrades to the Zone I area of the well in order to maintain the safety of the supply. Through today's Order, the owners have agreed to tie into the municipal public water supply when service becomes available to its area. This action will ensure that the approximately 30 students and faculty served by this Public Water System will continue to receive water that is safe and fit to drink.

4/22/08: MassDEP entered into a Consent Order with a $6,465 Penalty involving Arthur and Hope LaPlante for Solid Waste violations. Under today's Order, the LaPlantes are required to remove all illegally placed solid wastes from their property located on Main Street in Oxford. During a February 2007 inspection of the property, MassDEP noted the accumulation of construction and demolition debris, tires, and other solid waste materials. Subsequently, the LaPlantes attempted to burn the debris, were observed and stopped by officials of the Oxford Fire Department. Under the terms of today's Order, the LaPlantes will comply with all applicable regulations in the future. A related Order is also executed with LaPlante Brother's, Inc. regarding the clean-up of a second property located on Worcester Road in Webster that also contained illegally placed solid wastes including construction and demolition debris, tires, and other solid waste materials. The second Order requires the LaPlante Brothers to cease accepting, and take steps to properly remove and dispose of all on-site solid wastes.

4/22/08: MassDEP entered into a Consent Order with a $1,000 Penalty regarding Marcorp Hydraulic Equipment, Inc. in Grafton for Hazardous Waste Management violations. This small business failed to have a proper registration that would allow the company to pick up small quantities of waste oil generated during off-site equipment maintenance activities back to its Grafton facility. In addition, the company failed to notify MassDEP in writing of its activities involving the generation and accumulation of waste oil, it failed to label its waste oil tank, and it failed to delineate and post a sign in its waste oil accumulation area. Under the terms of today's Order, the company has agreed to comply with all applicable requirements in the future. Today's Order will ensure that waste oil generated from off-site maintenance activities in the future is properly managed.

4/21/08: MassDEP executed a Consent Order with the Estate of Emil Weretelnyk for Waste Site Cleanup violations at 281 Main Street in Reading. The Estate owns the property where it failed to meet deadlines set out in a Notice of Noncompliance issued on 3/15/06. Today's Order requires a final cleanup outcome by no later than 12/31/08 and contains a provision for stipulated penalties in the event of any missed deadlines.

4/18/08: MassDEP entered into a Consent Order with a $5,750 Penalty regarding Bangma's Farm, LLC, Water Supply violations in Uxbridge. The company owns and operates Bangma's Dairy Bar. The company has agreed to a schedule for the development of a compliant Public Water Supply System (PWS) at the existing facility located on West Hartford Avenue in Uxbridge. Inspection of the facility by MassDEP identified the unregistered public water supply, and subsequent preliminary water quality testing revealed violations of maximum contaminant level for nitrate concentrations. Under today's Order, the owners have agreed to meet the requirements for an approved public water supply by providing the required water quality monitoring and system oversight. They have also agreed to apply for and obtain the necessary permits. BY providing water treatment as needed, the owners will supply bulk water delivery for all water uses until water testing and permitting activities are completed. MassDEP has agreed to suspend $3,750 of the Penalty pending full compliance. Today's Order will ensure that the quality of water being served to the public by this "transient, non-community - Public Water Supply Source" is fit to drink.

4/17/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving Elliott Conover Jr. for Waste Site Cleanup violations at 48 Conway Street in Buckland, the former Franklin Ware Fuel Terminal. Based on site inspection, MassDEP alleges that from late 2003 until late 2007, Conover failed to maintain the recovery system, failed to do groundwater and system sampling at the required frequency needed to maintain the Remedy Operations Status. Conover also failed to periodically evaluate site data, failed to notify MassDEP of the termination of the work, and failed to submit status reports at the six-month intervals. The consent order requires Conover to complete response actions and maintain status. In addition, today's Order serves as a Notice of Noncompliance and establishes deadlines to complete response actions, and contains stipulated penalties for any future noncompliance with MassDEP deadlines.

4/17/08: MassDEP issued a $28,000 Penalty Assessment Notice to Earth Environmental Corporation for Asbestos violations in Lawrence and Chelsea. MassDEP responded to a complaint from Budget Rent a truck in Lawrence, and during the inspection, observed bagged asbestos containing waste material improperly disposed of by Earth Environmental in the vehicle. In addition, MassDEP personnel responded to a complaint of improper asbestos removal by Earth Environmental on Webster St in Chelsea. During the inspection of the Chelsea sit, MassDEP personnel observed several violations and required that the site be decontaminated. Today's Penalty is based on violations at both sites.

4/16/08: MassDEP worked with Attorney General Martha Coakley's Office, which entered into a settlement with Saugus-based Aggregate Industries-Northeast Region, Inc. The judgment resolves alleged violations of the Massachusetts Clean Air Act at ten (10) of the company's construction and building materials production facilities in the state. Under the terms of today's consent judgment, Aggregate-Northeast must pay a $587,000 civil penalty, $75,000 of which will be waived if the company complies with the terms of the settlement. The judgment orders the company to submit modifications that Aggregate will make to several of its facilities without requisite approval from MassDEP. Aggregate is now required to burn 50% more natural gas, which is cleaner than their other fuels at its Saugus facility. The company must also reduce the amount of sulfur in the waste oil its Saugus facility burns. Aggregate-Northeast has also agreed to hire an independent auditor (an individual who the Attorney General's Office, and MassDEP, must approve) to assess and improve the company's environmental management system for the company's twenty-eight (28) Massachusetts facilities. Finally, the settlement resolves violations of the Massachusetts Clean Air Act, the Massachusetts Clean Waters Act, the Massachusetts Hazardous Waste Management Act, and the Massachusetts Oil and Hazardous Material Release Prevention and Response Act. These violations occurred in the Saugus, Chelmsford, Peabody, Waltham, Ashland, Littleton, Weymouth, Hyannis, Stoughton, and Wrentham facilities.

4/16/08: MassDEP executed a Unilateral Order involving the town of Manchester. The town is required to address violations of the Massachusetts Drinking Water regulations. MassDEP has determined that the town has allowed land uses other than those directly related to the provisions of public drinking water to occur within the Zone I, which is the protective radius, around its Lincoln Street public water supply well.

4/16/08: MassDEP entered into a Consent Order with a $6,760 Penalty regarding DLA Piper US LLP for Wetlands violations at 143 Obed Daggett Road in West Tisbury. Patricia White, who owns the property, had obtained two (Superseding) Orders of Conditions that would permit vegetation management in a 100-foot buffer zone to a bordering vegetated wetland on her property. Those Orders, however, specifically prohibited any work within, cutting or alteration of vegetation in the BVW. While clearing and cutting in the buffer zone, White's landscaper proceeded to cut and clear vegetation in the BVW and stream channel. These actions had not been approved. Today's Order requires the BVW area impacted to be re-vegetated, that the boundary of the BVW be clearly delineated before there is any future vegetation maintenance, and that the Department and the West Tisbury Conservation Commission must be notified and given the opportunity to inspect the site prior to and after any vegetation management activities.

4/15/08: MassDEP entered into a Consent Order with 61 Clyde Street Acquisition, LLC for Waste Site Cleanup violations in Somerville. As owner and/or operator of the property at 61 Clyde Street, the LLC failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 7/28/04. Today's Order requires final completion statement by no later than 7/30/08. Today's Order also contains a provision for stipulated penalties for any missed deadlines.

4/15/08: MassDEP entered into a Consent Order with a $5,000 Penalty regarding Ciccolo Property Trust for Waste Site Cleanup violations at 714-726 Beacon Street in Newton. The Trust is owner of the property and previously had requested a 120-day extension to a deadline for submitting a required Response Action Outcome Statement or Remedy Operation Status. MassDEP agreed to renegotiate the Order and required a $5,000 penalty for the extension. The new deadline is 8/4/08.

4/15/08: MassDEP executed a Consent Order with a $5,875 Penalty regarding Hess Corporation [Station #21212] for Waste Site Cleanup violations at 630 Squire Road in Revere. MassDEP initially inspected the Revere location in May 2007 and issued a Notice of Noncompliance. In November 2007, a follow-up inspection showed Hess to be in continued noncompliance with MassDEP's Stage II vapor-recovery regulations: failure to post signs, failed to clean the tank-spill buckets, failed to have a trained manage; failed to complete weekly inspections; failed maintenance requirements; and, failed to have copies of tests onsite for review. Today's Order requires Hess to bring the facility into compliance and MassDEP has agreed to suspend $2,938 of the Penalty pending full compliance for one year.

4/15/08: MassDEP entered into a Consent Order with a $10,000 Penalty involving Glen Freidrich (d/b/a GDF Home Improvements) for Asbestos violations in Longmeadow. An employee of the town of Longmeadow's recycling center observed Freidrich dumping asbestos cement shingles, known as transite, into the construction waste dumpster at the town's transfer station. MassDEP was notified, and subsequently determined that the asbestos roofing material was brought to the transfer station from a garage at a residence on South Park Avenue in Longmeadow. Freidrich cooperated with MassDEP and retained an asbestos contractor to clean up and properly dispose of the asbestos waste material. In addition to the Penalty, and in order to ensure future compliance with asbestos regulations, Freidrich will also take asbestos training classes and will register with the Massachusetts Department of Public Safety as a home improvement contractor.

4/15/08: MassDEP has executed a Consent Order with a $10,000 Penalty regarding Lowell Car Care Center, LLC, for Waste Site Cleanup violations at 219 East Merrimack Street in Lowell. The company owns this property where they failed to meet cleanup deadlines established in a Notice of Noncompliance issued by the Department on 12/20/07. Today's Order requires the submittal of a report on site conditions (Tier Classification) by no later than 4/15/08 followed by an Immediate Response Action status report by 4/30/08. After that, the company will submit a phase II by 10/31/08, a phase III by 3/31/09, a phase IV by 10/31/09, and a final outcome by 2/28/10. MassDEP has agreed to suspend $7,500 of the Penalty pending compliance.

4/15/08: MassDEP executed a Consent Order with a $36,000 Penalty regarding the Andover Street Automotive, Inc. for Waste Site Cleanup violations at 580 Andover Street in Lawrence. The company owns the property where it failed to submit the following: a (tier) classification extension and transfer along with a release notification, a phase II and III reports, a phase IV (remedy implementation) and a final outcome statement within the deadline as established in a Notice of Noncompliance issued by the Department on 3/1/097. New deadlines have now been established to return to compliance with the submittal of a release notification, a transfer and classification extension by 4/4/08, followed by phases II and III by 12/1/08/ Finally, a phase IV by 3/2/09 and either a remedy operation status or a final outcome by 10/1/09. MassDEP has agreed to suspend $31,000 of the Penalty pending compliance.

4/15/08: MassDEP entered into a Consent Order with Brittany Dye and Printing Corporation for Air Quality violations at its facility in New Bedford. The facility requested a revised compliance schedule, which included dates for implementing ink reformulations to reduce emissions, stack reconfiguration and further stack emission testing to determine compliance. The facility will submit air quality plan approval to mitigate odor conditions. The application shall include a demonstration that at no time shall the facility cause a condition of air pollution and an evaluation of the compliance status.

4/15/08: MassDEP entered into a Consent Order with an $862.50 Penalty regarding T&K Asphalt Services, Inc. for Hazardous Waste violations at its facility in Whitman. MassDEP, in responding to a complaint, DEP conducted a site inspection at their facility and identified a number of violations The company conducted a self-audit and took immediate steps to correct the issues. Today's Order requires the company to register as generator of waste oil and operate in compliance. Also, T&K Asphalt Services, Inc. will complete a Supplemental Environmental Project (SEP) to retrofit two of its diesel trucks at a cost of $3,890.

4/14/08: MassDEP entered into a Consent Order with a $16,000 Penalty regarding W. C. Canniff & Sons for Hazardous Waste and Industrial Waste violations in Quincy. Canniff was was found to have engaged in Illegal disposal of a hazardous waste and illegal disposal of industrial wastewater. Canniff is the largest monument maker in Massachusetts. For over 40 years, the company disposed of paint thinner and acid from the cleaning of the monuments into a hole in the floor of the facility. In addition to the penalty Canniff must conduct and document an environmental assessment of the property. Through the application of MassDEP's small business policy, MassDEP has agreed to suspend $17,625 if Canniff remains in compliance for one year.

4/14/08: MassDEP entered into a Consent Order with Anil Patel for Waste Site Cleanup violations at 1403 Gorman Street in Lowell. Anil Patel is Trustee of 1403 Gorham Street Realty Trust, the owner and/or operator of the property where a failure to meet deadlines has occurred as established in a Notice of Noncompliance issued on 1/17/08. Under today's Order, the Trust has agreed to submit a phase II and, if necessary, a revised phase III by 8/31/08. Afterwards, a phase IV is due no later than 10/31/08 and a final outcome statement by 10/31/09. There are stipulated penalties for any missed deadlines.

4/11/08: MassDEP entered into a Consent Order with an $11,000 Penalty with the town of Rockport to address chronic violations of the wastewater discharge permit. The town has been exceeding its flow limit for many years, and has also had sewer system overflows. Today's Order establishes severe restrictions on any new connections (additional flow) to the town's sewer system, and requires Rockport to implement a program to identify and remove infiltration and inflow (cracks/breaks/illegal connections) into the sewer system. MassDEP has agreed to suspend $6,500 of the Penalty pending compliance.

4/11/08: MassDEP entered into a Consent Order with a $2,500 Penalty regarding the town of Auburn for Water Pollution Control violations at Brooks Road in Auburn. MassDEP found the town had discharged untreated sanitary wastewater, during a sanitary sewer overflow incident, from the municipal sewer system into the area of Brooks Road into Kettle Brook. The Town failed to provide timely notification of the bypass to MassDEP and failed to follow its approved spill response plan whereby it would notify downstream communities. Under terms of today's Order, the town has agreed to comply with the notification procedures in the approved spill response plan, and to conduct inspections and submit a report to MassDEP assessing the condition of the sewer system and its manholes. The town will also conduct the necessary repairs to the system and upgrade sewer manhole covers as necessary. Finally, the town will provide an additional $5,000 to the Blackstone River Coalition for a Supplemental Environmental Project (SEP) to pay printing costs for publication of the Coalition's pamphlet titled "A Homeowner's Guide to Protection Water Quality in the Blackstone River Watershed". The town will assist in protecting the watershed by providing a standby notification procedure for town employees.

4/11/08: MassDEP entered into a Consent Order with a $6,075 Penalty regarding Kidde-Fenwal, Inc. for Hazardous Waste Management and Industrial Wastewater violations in Holliston. Earlier this year, a company audit resulted in a reporting to MassDEP that the company had stored hazardous wastes for periods longer than allowed and had burned small amounts of excess waste solvents. In addition, the company reported that it had discharged industrial wastewaters to the ground without having a permit. Under the terms of today's Order, MassDEP acknowledges the company has complied with the Self-Audit policy, and therefore the Penalty is equivalent to the company's economic benefit realized through the noncompliant activities. The company, which quickly returned to compliance, will result in the proper management of its (small) amounts of hazardous wastes. Further, the illegal discharge of industrial wastewater to the ground will be eliminated.

4/10/08: MassDEP entered into a Consent Order with Aptt Industrial Saws, Inc., for Waste Site Cleanup violations at its 40 Sturbridge Road facility in Brimfield. Aptt failed to meet cleanup deadlines established in a Notice of Noncompliance issued by the Department in November 2006 and deadlines contained in a Consent Order from September 2007. During August and September 2007, the environmental consultant (Licensed Site Professional) indicated that additional sources of contamination (a floor drain and drywell) had been identified at the site. The LSP at that time indicated further assessment activities were needed and requested an extension of the deadlines. Since then, phases II, III, and IV reports were all submitted in February and March 2008. Today's Order will establish deadlines for submitting a Release Abatement Measure statement and the final inspection statement and outcome by no later than 10/1/08. Today's Order also contains a stipulated penalty provision for any missed deadlines.

4/9/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving, Cumberland Farms, Inc., for Air Quality (vapor recovery) violations in Marion. Cumberland Farms had substantially modified a Stage II system (e.g., replaced the system) and commenced operations prior to testing the system and certifying the test results to MassDEP. In addition to the Penalty, the company is required to comply with Air Quality requirements. Cumberland Farms has had previous violations and noncompliance with the Stage II vapor recovery requirements that was addressed by a 2006 Order.

4/9/08: MassDEP entered into a Consent Order with the city of Northampton for Solid Waste violations at its landfill in Northampton. MassDEP found ongoing landfill gas issues that require the closure of 4.5 acres of the landfill commencing in June, cessation of the use of alternative daily cover, and third party odor evaluation. Today's Order also contains provisions for interim closure and future gas management evaluation.

4/7/08: MassDEP issued a $22,400 Penalty Assessment Notice to Ronald Hodges - d/b/a Hodge City Mechanical - for Asbestos violations in Northampton. MassDEP received a complaint from tenants, who were moving into a rental property on Ridgewood Terrace in Northampton. The complaint alleged that damaged asbestos was on the floor of the basement. An inspection by MassDEP personnel confirmed that a new boiler had been installed and the old asbestos insulated boiler and pipes had been cut out and left on the basement floor. A subsequent investigation revealed that Hodges performed boiler replacement work at the house.

4/7/08: MassDEP entered into a Consent Order with a $1,000 Penalty regarding James G. Grant Co., Inc., for Asbestos violations at 17 Ocean Avenue in Gloucester. MassDEP personnel responded to a complaint of improper asbestos removal and demolition at the property and determined that Grant had demolished a former church building at the address without notifying the Department as required. MassDEP has agreed to suspend $500 of the Penalty pending compliance for a one-year period.

4/7/08: MassDEP executed a Consent Order with a $2,000 Penalty regarding East Freetown Auto Salvage, LLC for Hazardous Waste Management and Solid Waste violations in East Freetown. MassDEP found a number of hazardous waste management violations, solid waste violation and the unpermitted release of contaminants to the air, due to the failure to remove refrigerants (Freon and other chlorofluorocarbons) prior to crushing vehicles. Freon or other chlorofluorocarbons are considered greenhouses gases and/or stratospheric ozone depleting gases that contribute to global warming and climate change when released into the ambient atmosphere. Today's Order requires the violator to have the proper certified equipment and training for the legal removal, capture and containment of freon and other chlorofluorocarbons. Today's Order also requires the removal of solid waste and compliance with all hazardous waste violations at the site. However, the company has been properly removing mercury switches from the vehicles and collecting them for transport to the appropriate collection contractors.

4/4/08: MassDEP issued a Unilateral Order to Daniels Recycling Company Inc. for Stormwater Discharge violations in Orleans. MassDEP issued the Order requiring the company to commence immediately the installation of all necessary temporary stormwater controls to prevent stormwater from causing off-site impacts. Under today's Order, the company must also submit a plan within 60 days to install permanent stormwater control at the facility.

4/3/08: MassDEP entered into a Consent Order with the Lois Stebbins Revocable Trust for Waste Site Cleanup violations at 67 Dover Road in Longmeadow. As owner of the property, the Trust failed to submit an Immediate Response Action status report as require along with the phase II report and the phase III plan before the deadline. Today's Order establishes deadlines for the submittal of the IRA report by 4/25/08 and submittal of the phase II report and phase III plan, or final outcome by 10/1/08. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for any future noncompliance with MassDEP deadlines.

4/3/08: MassDEP issued a Unilateral Order to Greens Condominium Association for Water Supply violations in Tyngsborough. The Association is a public water supply and has been determined to have high levels of radon and other radionuclides in their drinking water at levels that significantly exceed Massachusetts Maximum Contaminant Levels and/or guidance levels. The Association is required to (1) immediately notify the 15 homes that water should not be used for drinking, cooking and food preparation (2) within 7 days cease using the water with high radionuclide's for any purpose for the 15 single family homes that constitute the condominium association.

4/2/08: MassDEP executed a Consent Order with a $15,807 Penalty regarding the town of Plympton for Solid Waste violations at a site off Ring Road in Plympton. The town operated and maintained a transfer station without obtaining solid waste management facility permits as required. The town will be allowed to temporarily operate the existing transfer station and recycling drop-off center provided permit applications for the transfer station are obtained.

4/1/08: MassDEP executed a Consent Order with Shore Auto Repair Service for Waste Site Cleanup violations at 774 North Main Street in Brockton MassDEP has identified violations of the requirements associated with this facility's final cleanup outcome statement as a result of a MassDEP comprehensive audit. . Mary Colarusso, property owner, was issued a Notice of Noncompliance and given deadlines to make corrections. The company and owner have failed to meet a 60-day deadline as established. Prior to the expiration of the deadline, the Department received a request from Colarusso for additional time to address the violations. Today's Order establishes a new deadline to correct the violations.

4/1/08: MassDEP executed a Consent Order with a $25,300 Penalty regarding Liberty Mutual Insurance Company for Water Pollution Control violations at 9 Riverside Road in Weston. MassDEP found the company violated its Ground Water Discharge Permit in 2006 and 2007. Previously, MassDEP and the company entered into a Consent Order in 2002 that required them to construct a wastewater treatment plant, apply for a ground water discharge permit and achieve full compliance. In January 2006, MassDEP issued a Notice on Noncompliance for exceeding ground water discharge permit parameters for flow, nitrate nitrogen, total nitrogen, and fecal coliform. MassDEP has now found exceedances for fecal coliform, total suspended solids, nitrate nitrogen, total nitrogen, and biological oxygen demand. Therefore, Liberty Mutual must submit a comprehensive wastewater system evaluation report to MassDEP for its review and approval and then implement the findings, which will bring the treatment plant into compliance with its permit. MassDEP has agreed to suspend $5,300 of the Penalty pending compliance.

4/1/08: MassDEP entered into a Consent Order with a $1,000 Penalty regarding Mac's Contracting, Inc. for Asbestos violations at 17 Ocean Avenue in Gloucester. MassDEP responded to a complaint of improper asbestos removal and demolition and determined that the company had demolished a former church building at the address without notifying the Department as required. MassDEP has agreed to suspend $500 of the Penalty pending full compliance for one year.

4/1/08: MassDEP entered into a Consent Order with Country Aire Campground, for Water Pollution Control and Water Supply violations in Charlemont. Today's Order provides a schedule for the owner to bring the facility into compliance with the regulations.

March 2008

3/31/08: MassDEP entered into a Consent Order with Forty-Nine Union Trust for Waste Site Cleanup violations at 49-63 Union Street, Newton. The Trust, which owns the property, failed to meet deadlines set forth in MassDEP's Notice of Audit Findings/ Notice of Noncompliance dated 7/9/07. MassDEP found a failure to adequately delineate the extent of contamination, identify contaminant exposure pathways, and use the proper risk-characterization method for the site based on the audit of a cleanup measure submitted on 11/17/06. New deadlines have now been set o return to compliance with the submittal of phases II and III and IV and a post-audit completion statement no later than 9/30/08. After which, a final outcome or remedy status is due by no later than 11/20/08.

3/31/08: MassDEP issued a Unilateral Order and a $31,720 Penalty Assessment to Mike & Baro, Inc., for Waste Site Cleanup violations at Torrey Street in Brockton. In March 2006, MassDEP determined during the removal-replacement of underground storage tanks that a release of petroleum to the surrounding soil and groundwater occurred. Knowledge of that release triggered the need for additional response actions. The owner has failed to conduct any response actions since that time and has failed to comply with MassDEP's Notice of Noncompliance that was issued in August 2007. The owners have also failed to communicate any intent to conduct response actions. In addition to the Penalty, today's Order requires the owners to initiate response actions.

3/31/08: MassDEP executed a Consent Order with a $3,000 Penalty regarding Del-Rich, Inc., for Waste Site Cleanup violations in Pittsfield. The company, an excavation contractor, failed to immediately notify MassDEP (as required) following a 15-gallon diesel fuel spill. The 4/17/07 release was not reported until 8/27/07 when Del-Rich had completed cleanup of the release. Under today's Order, Del-Rich has agreed to retrain its employees on notification requirements for and response to releases of oil and hazardous materials, and implement a Supplemental Environmental Project (SEP). The company will undertake a culvert retrofit project on Tower Brook in Chesterfield. The culvert had been retrofitted in early 2005 to improve habitat for coldwater fish species such as Atlantic salmon and brook trout, and facilitate upstream migration of fish. A significant rainstorm in October 2005 however, damaged the improvements, and Del-Rich will restore the culvert to pre-storm conditions. Proponents of the Tower Brook project include the Mass Riverways Program, the University of Massachusetts Extension Service and the Nature Conservancy. MassDEP has agreed to suspend the entire Penalty pending compliance.

3/31/08: MassDEP entered into a Consent Order with Brian Tenczar for Wetlands violations in Cheshire, related to site preparation for construction of a single family home. Today's Order requires site assessment and restoration as well as filing and obtaining approval prior to any future activity at the site, which may alter or impact resource areas at the site. The owner alleged to having met with the Conservation Commission and obtaining verbal approval for activities, although the Conservation Commission issued an enforcement order following commencement of activities.

3/31/08: MassDEP entered into a Consent Order with an $11,860 Penalty regarding Boston College for Air Quality (vapor-recovery) and Hazardous Waste Management violations in Boston. MassDEP inspected the Chestnut Hill campus in June 2007. During the inspection, it was determined that Boston College was dispensing gasoline for campus maintenance vehicles from a 1,000-gallon underground storage tank which was installed in 1994. The dispenser was not equipped with the required Stage II vapor recovery system. Additional hazardous waste management violations observed involved improperly run accumulation areas, and two emergency generators did not have proper ventilation stacks. Boston College has agreed to cease dispensing gasoline on-site and remove the underground storage tank, and correct the other violations.

3/28/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding the Willcam Holdings, Inc., for Waste Site Cleanup at 212 North Cary Street in Brockton. As owner of this commercial property, Willcam Holdings is responsible for the cleanup of the former junkyard because of prior release of oil and hazardous materials and has repeatedly missed deadlines. The company also failed to address a January 2007 Notice of Noncompliance sent by MassDEP. In addition to the Penalty, today's Order establishes deadlines for the Trust to complete response actions.

3/27/08: MassDEP entered into a Consent Order with Piconics, Inc. for Water Supply violations in Tyngsborough. The company was found to be in violation of the Surface Water Treatment Rule, specifically groundwater source under the influence of surface water, and for violation of the Lead and Copper Rule, specifically Public Notification of the Treatment Technique Violation.

3/26/08: MassDEP issued a Boil-Water Order to Farley Water Association located in Erving. The Order followed repeated detections of bacteria in the distribution system of the Farley Water Association. This system has experienced previous bacteria problems.

3/25/08: MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Merrimac for Water Pollution Control violations. Today's Order requires the town to address excessive infiltration and inflow into the Merrimac sewer system, which has led to sanitary sewer overflows, and violations of flow limits at the town's wastewater discharge plant. Under today's Order the town has agreed to institute an aggressive program to remove sump pumps illegally connected to the sewer system. MassDEP has agreed to suspend the Penalty pending satisfactory completion of the abatement work.

3/24/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding 303 South Street Realty Trust for Waste Site Cleanup violations at 337 South Street in Plainville. The Trust owns a commercial property here where a former gas station has been the site of a release of petroleum from its former underground storage tanks. MassDEP issued the Trust (February 2006) a Notice of Noncompliance for failing to complete response actions at the site in a timely manner and failed to do so. Today's Order, establishes deadlines for the Trust to complete response actions.

3/24/08: MassDEP issued a Boil Order to Aquarius Water Co. (Sports Haven Mobile Home Park) in Belchertown. MassDEP issued an order after a water main break occurred at the Park and concerns about drops in water pressure and back siphonage. The Park is located in Belchertown and has been the subject of previous orders and prior court decrees.

3/24/08: MassDEP issued a Unilateral Order to New England Power Company, the Town of Somerset, and Velozo Real Estate for Solid Waste violations at the closed Somerset Landfill off Brayton Point Road. Specifically, the violations are relative to post-closure requirements; disruption of landfilled areas; security and maintenance of intermediate/final cover; stormwater drainage; and, erosion controls. Today's Order requires the aforementioned owners/operators to immediately cease excavation activities at the landfill, implement a site safety plan, secure the site to prevent further illegal access to the site, commence implementation of erosion controls and within 30 days submit a remedial action plan.

3/20/08: MassDEP issued a $1,000 Penalty Assessment to MEZ Realty, Inc., for Water Supply violations at its Lakeside Trailer Park location in Mashpee. The Park, which is located off Route 151, failed to maintain water pressure within its distribution system. Regulations require that all service connections have a minimum residual water pressure at street level or at least 20 pounds per square inch under all conditions of flow. MassDEP observed a low-pressure condition at a service connection within the park on 2/19/08. The privately owned, public water supply has been cited on past occasions for similar violations. On 1/5/07, MassDEP had issued a Unilateral Order for low-pressure conditions that required MEZ Realty to evaluate the distribution system and provide recommendations to prevent similar conditions from occurring. That evaluation of the distribution system has not been completed nor has the supplier provided a report by 9/1/07 as required.

3/19/08: MassDEP executed a Consent Order with a $9,000 Penalty regarding the Pine Tree Realty Trust for Waste Site Cleanup violations at 215 Crawford Street in Fitchburg. The Trust, based in Westminster, failed to notify as required after a release of metals and PCBs at 215 Crawford Street in Fitchburg. The Trust owns this commercial property. In addition to the Penalty, the Trust has since hired a Licensed Site Professional who has been retained for the purpose of conducting initial site investigations, and bringing the site into compliance.

3/19/08: MassDEP executed a Consent Order with a $1,500 Penalty involving Yun's Corporation (d/b/a Champion Cleaners) for Water Pollution Control, Environmental Results Program and Air Quality violations in Townsend. The small dry cleaning facility located in Townsend failed to inspect its dry cleaning system for vapor leaks, failed to keep on-site records of perchloroethylene purchase, and illegally discharged boiler blowdown from its operation into its on-site septic system. In addition, it made false statements on its ERP certification form. In addition to the Penalty, today's Order requires the company to comply with all applicable regulations.

3/19/08: MassDEP issued a $250 Penalty Assessment to Norman Gilmore of Athol for Air Quality violations, conducting unapproved open burning. The Penalty was issued in response to the Athol Fire Department's referral, which responded to multiple incidents of burning of refuse and other material at Gilmore's residence. A video clip of the activity was provided by the Fire Department showing the illegal burn.

3/18/08: MassDEP issued a $4,600 Penalty Assessment to Associated Building Wreckers, Inc. - of Springfield - for Air Quality violations at a demolition site in Whately. The company failed to use dust mitigation measures. MassDEP has previously assessed penalties against this company for excessive dust emissions during demolition operations in 2003 and 2006.

3/18/08: MassDEP executed a Consent Order with Whittier Place Condominium Trust for Waste Site Cleanup violations at 5 Whittier Place in Boston. As owner and/or operator of the property, the Trust failed to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 12/14/07. Today's Order requires a return to compliance and the submittal of a final response outcome by no later than 2/20/09. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.

3/14/08: MassDEP entered into a Consent Order with Ralph A. Seaver for Wetlands violations in Worcester. Seaver owns the property at 51 Redfield Road in Worcester where a MassDEP inspection disclosed the disposal of concrete, asphalt and fill on the property had eroded into wetland resource areas. The materials were initially placed on the property by another company, PJ. Albert, Inc. of Fitchburg. MassDEP has already issued Unilateral Orders to both parties requiring them to cease any further disposal, to stabilize the site and to submit corrective action plans. Today's Order requires Seaver to prohibit further damage to wetland resource areas and that he allows the contractor to implement approved corrective actions.

3/14/08: MassDEP entered into a Consent Order with a $23,034 Penalty regarding Pandolf Perkins Co., for Air Quality, Hazardous Waste, Toxic Use Reduction Act (TURA) and Water Management Act violations in Sterling. MassDEP inspected the company, which mines and crushes aggregate stone, manufactures asphaltic cement and processes recycled asphalt product. In addition to the Penalty, the company has agreed to undertake a $61,966 Supplemental Environmental Program (SEP) to enhance emergency response for hazardous material events by the Sterling Fire Department and also provide for installation of catalytic oxidation control devices on heavy-duty vehicles used by the company.

3/13/08: MassDEP executed a Consent Order with a $12,360 Penalty regarding the Tufts-New England Medical Center for Hazardous Waste Management and Air Quality violations at its Boston facility. MassDEP inspected the facility in May 2007 and determined that Tufts was improperly disposing of pharmaceutical drug wastes containing acutely hazardous waste. Numerous additional hazardous waste storage and recordkeeping violations were observed, as well as air quality violations regarding the Hospital's operation of on-site emergency generators. In addition to the Penalty, today's Order requires Tufts to immediately implement proper hazardous waste management practices regarding pharmaceutical drug wastes, and assure that all additional violations identified in the Order are corrected.

3/13/08: MassDEP entered into a Consent Order with HAPS Corporation for Waste Site Cleanup violations in 74 Acton Street in Watertown. HAPS Corporation owns the property where it failed to submit a final response outcome within the deadlines established in a previously issued Notice of Noncompliance (11/2/07). A new deadline was established in the Order to return to compliance with the submittal of either a final outcome or remedy operation status by no later than 3/11/09. HAPS have agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with today's Order.

3/11/08: MassDEP entered into a Consent Order with Newton-Wellesley Hospital with an $11,500 Penalty for Air Quality, Hazardous Waste violations at its Newton facility. The Hospital failed to keep an actual 12-month rolling log for their emergency and standby generators and removed and installed a total of three (3) emergency generators in violation of their air quality permit. The Hospital also improperly disposed of hazardous waste, in particular pharmaceutical products), made improper waste determination; failed to have an (emergency) contingency plan; failed to post emergency information and to have a communication device available in the hazardous accumulation area. The Hospital also failed to delineate the accumulation area in its recycling room - which was acting as its main accumulation area and failed to conduct weekly inspections of the accumulation area. Finally, the hospital failed to adequately label its hazardous containers, its satellite accumulation areas and its boiler plant and garage. The Hospital then moved aggressively and successfully to return the facility to compliance for all of the above violations except for the submittal of a new Standard Operations Procedures guide designed to ensure proper hazardous waste management practices for pharmaceutical drug wastes. The SOP is due within 120 days.

3/11/08: MassDEP entered into a Consent Order with a $17,500 Penalty involving Fairhaven Shipyard & Marina, (a.k.a. applicant) Rodman Candle Works Realty LLC, for Chapter 91 and Wetlands Protection Act violations in Fairhaven. The existing marina expanded over 6,000 square feet beyond the authorized footprint licensed by MassDEP. The applicant paid a penalty of $4,375 and developed a Supplemental Environmental Project (SEP) in which the Fairhaven Fire Department will receive a boat slip for a five-year period, value of $14,000, and the Coalition for Buzzards Bay received a boat slip, value of $10,500 for a five-year period at no cost, a total value of $24,500.

3/10/08: MassDEP entered into a Consent Order with an $8,700 Penalty regarding Gem Plumbing and Heating, Inc., for failure to submit written notification to MassDEP for removal of friable asbestos containing material (ACM). The company, which is located in Lincoln RI, also committed asbestos work practice violations during the removal of asbestos from a residential property.

3/8/08: MassDEP executed a Consent Order with Julia Stemple for Water Supply violations at the Farley Water Association in Erving. Stemple has agreed to correct the violations at this public water system that serves a number of homes in Erving. Under the Order, the owner of the home has agreed to a schedule whereby the system will either reduce its connections to a level below the threshold for a public water system or fully comply with all drinking water requirements for its public water system.

3/7/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding the city of Lowell for Waste Site Cleanup violations at 150 Fleming Street in Lowell. The city owns/operates the property where it has failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 1/29/07. MassDEP previously had reached agreement with the city (on 5/10/07) to bring the site into compliance, which the city failed to meet. Today's Order now requires the city to submit a tier classification submittal or a final outcome statement by no later than 9/30/08. MassDEP has agreed to suspend $5,000 pending full compliance. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.

3/7/08: MassDEP entered into a Consent Order with Feldman Construction Co., Inc., for Waste Site Cleanup violations at 17 Sandy Bay Terrace in Rockport. Feldman owns the property where it has failed to submit phase II and phase III reports and a phase IV (Remedy Implementation Plan) within the deadline established in a MassDEP Notice of Noncompliance on 10/22/07. New deadlines have now been established to return the site to compliance with submittal of phases II and III reports by 4/21/08 and a phase IV plan by 9/22/08. A final outcome is due no later than 2/21/09 and stipulated penalties will be required ($1,000 a day) in the event of non-compliance.

3/7/08: MassDEP entered into a Consent Order with the Newburyport Redevelopment Authority for Waste Site Cleanup violations at Water Street in Newburyport. The Authority, as owner/operator of the site, failed to submit phases II, III and IV reports along with a final response outcome in accordance with deadlines specified in the regulations. The Authority responded to MassDEP's 5/17/07 Notice of Noncompliance with a proposed schedule to return the site to compliance, which was incorporated into today's Order. In addition, stipulated penalties are included for any missed deadlines or noncompliance.

3/7/08: MassDEP entered into a Consent Order with a $70,000 Penalty (fully suspended) involving Jefferson Development Partners, LLC for the construction of a temporary cofferdam at Morey's Bridge Dam/Lake Sabattia in Taunton. The construction was done without valid authorization under either the Wetlands Protection Act of the Public Waterfront Act. Lake Sabbatia is a Great Pond. The unauthorized temporary cofferdam caused the alteration of up to 50 feet of bank, the direct filling of more than 2,400 square feet of land under Lake Sabbatia and the indirect alteration of over 1 acre of the Mill River bottom identified as rare species habitat. The temporary alteration of the Mill River bottom occurred as a result of a drastic reduction in base flow to the Mill River and exposure of the river bottom. Today's Order requires the submittal of information, including plan details and modifications and implementation of corrective actions over specified time periods. The actions and timeframes are linked to suspended penalties for noncompliance.

3/7/08: MassDEP entered into a Consent Order with Dartmouth Gas & Service, Inc., for Waste Site Cleanup violations at 582 Dartmouth Street in Dartmouth. The company owns a gasoline station at this property where a petroleum release from its former underground storage tanks occurred. The company has failed to complete response actions at the site in a timely manner and has requested additional time in which to comply. Today's Order establishes new deadlines for Dartmouth Gas to complete response actions at the Site and establishes stipulated penalties should it failed to complete response actions in a timely manner.

3/6/08: MassDEP executed a Consent Order with a $4,315 Penalty involving Joshua Cardinal for Waste Site Cleanup violations at Sulco Public Warehouse in Springfield. Cardinal, the operator of Fuji's Rising Sun Transport business failed to notify MassDEP immediately of a release of diesel fuel on 6/11/07 at the Sulco Public Warehouse in Springfield. On that day, a tractor-trailer operated by Fuji's backed into a second truck releasing up to 50 gallons of diesel fuel to pavement and a storm drain at the warehouse property. Fuji's failed to notify MassDEP of the spill on that date. Instead, MassDEP was eventually notified on 6/13/07 not by the responsible party but rather the property owner, R.M. Sullivan Transportation, Inc. MassDEP has agreed to suspend the entire Penalty following pending confirmation that Fuji's financial inability to pay. The cleanup of the release was completed by R.M. Sullivan.

3/6/08: MassDEP issued a Unilateral Order to Four, Five, Six and Seven Cabot Place Office Condominium Associations & Randolph Savings Bank for Water Pollution Control violations at 10 Cabot Place in Stoughton. The Orders were issued to the owners of buildings, which connect to a privately owned nonfunctioning private sewage pump station. The town requested assistance from MassDEP, which investigated, gathered evidence - photographs, etc. - and ran confirmational bacterial analyses in a state lab. The property owners are hereby ordered to cease the illegal discharge to the environment and conduct repairs to the pump station in order to properly operate the facility

3/5/08: MassDEP executed a Consent Order with a $20,000 Penalty regarding I & S Realty Group for Waste Site Cleanup violations at 1816 Centre Street, Boston/West Roxbury. MassDEP and its Office of General Counsel reached a settlement of I & S's appeal of the demand for stipulated penalties issued on 1/10/07. Specifically, I & S had failed to make timely submittals of required reports in accordance with the terms of an earlier Consent Order as executed on 2/7/06. Today's settlement resolves I & S's noncompliance with that Order. The Settlement today is also coupled with an amendment that extends deadlines for the submittal of a final response outcome to 5/31/08. Additional penalties are stipulated for any future missed deadlines.

3/5/08: MassDEP entered into a Consent Order with an $8,700 Penalty regarding B&D Boiler Removal, Inc., for Asbestos violations. The company, located at 92 Farrell Street, Pawtucket, RI, failed to submit written notification to MassDEP for removal of friable asbestos containing material (ACM), and for committing asbestos work practice violations during the removal of asbestos from a residential property.

3/5/08: MassDEP entered into a Consent Order with an $8,250 Penalty involving S. Craig Gillard for Wetlands violations at 36 Doten Road in Plymouth. Gillard altered approximately 13,000 square feet of bordering vegetated wetlands without authorization. Specifically, wetland vegetation was clear-cut and mowed beyond the limit of work established under a valid Order of Conditions. A full restoration plan has already been submitted with a full-calculated penalty or $6,500. MassDEP has agreed to suspend $1,750 pending full compliance with the restoration plan.

3/3/08: MassDEP entered into a Consent Order with a $23,020 Penalty regarding Pro Equipment Rental for Air Quality, Hazardous Waste Management and Stormwater Management violations in Waltham. MassDEP responded to a citizen complaint regarding oil odors and oil run-off to the Charles River. As a result of the inspection, the company has agreed to correct the violations and to the Penalty amount. Pro Equipment Rental will also be required to perform an assessment of portions of the property to investigate any possible contamination from activity at the site

3/3/08: MassDEP entered into a Consent Order with a $26,410 Penalty regarding Pro Cut for Hazardous Waste Management violations in Waltham. The company has agreed to correct the violations, which were found during an inspection by MassDEP.

3/3/08: MassDEP entered into a Consent Order with a $23,070 Penalty regarding Pro Waste Disposal, Inc., for Solid Waste Management violation, specifically, portions of the Pro Waste Disposal facility are being used for the storage and/or disposal of solid waste, without being Site Assigned or permitted for such activity as required. The company has agreed to correct the violations, which were found during an inspection by MassDEP.

3/3/08: MassDEP terminated a 2/25/08 Boil (Water) order to Fairlane Mobile Home Park and Sales, Inc. relative to prior Water Supply violations in Lunenburg. The Park, which is a public water system located on Mass Avenue on route 2A in Lunenburg, has now received results that indicated two rounds of sampling data showed absence of any total coliform. Additional sampling and corrective action activities are under the direction of MassDEP.

3/1/08: MassDEP entered into a Consent Order with a $5,750 Penalty regarding the Massachusetts Highway Department for Water Pollution (septic system) violations at its Andover Depot. "MassHighway" has agreed to upgrade its existing failing septic system serving its Andover Depot, located at the I-495/I-93 interchange. The septic system upgrade encountered delays when the location of a salt pile at this depot, which is within the watershed of the Town of Andover's reservoir, raised local concerns. Today's Order requires the approved (but partial) upgrade to be installed. The new septic tank is to be converted to a temporary holding tank, and be pumped more frequently and more closely monitored. MassHighway will simultaneously investigate the prospect of relocating the Depot outside the watershed. There will be no discharge to the ground at this time. In the event that relocation of the depot to the proposed new location is not possible, the rest of the approved system will be installed. MassDEP has agreed to suspend the entire penalty pending compliance with the terms of today's Order.

February 2008

2/29/08: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Liberio Demello as trustee of1615 Cove Road Realty Trust for Waste Site Cleanup violations in New Bedford. The Trust owns the commercial property, which is a former gas station that has been the site of a release of petroleum from its former underground storage tanks. In September 2006, MassDEP issued the Trust a Notice of Noncompliance (NON) for failure to complete cleanup actions at the site in a timely manner. The Trust did not comply with that NON. In addition to the Penalty, today's Order establishes deadlines for the Trust to complete response actions at the site.

2/29/08: MassDEP executed a Consent Order with Michael D. Lazo for Waste Site Cleanup violations at 104-110 West Main Street in Dudley, a former dairy property where a release of petroleum from an underground storage tank occurred. The release occurred immediately adjacent to a municipal water supply well field. Originally, the potentially responsible party was listed as Leo Ready Mix Concrete, which obtained a permit but did not complete the necessary cleanup work. That cleanup permit has since expired. During that time, Lazo purchased the property and then subdivided it and sold portions of the site to other parties, including the Dudley Water Department. Lazo recently submitted a permit extension application. Lazo was not the original permitee, and MassDEP could not approve the extension. Due to the length of time that the site has been out of compliance, and in order to avoid the expenditure of resources on the transfer of the initial permit application, Lazo has now agreed to enter into today's Order in lieu of seeking further permit extensions.

2/29/08: MassDEP entered into a Consent Order with a $4,000 Penalty involving the trustees of Clark University for Waste Site Cleanup violations in Worcester. Specifically the violations involve the failure to notify MassDEP of a condition of substantial release migration. Clark University personnel detected heating oil vapors in indoor air while conducting an assessment of a release of heating oil to the basement of a three-decker student residence. Clark University personnel installed a temporary basement ventilation system to mitigate the condition, without prior notification or approval. In addition to the Penalty, Clark will conduct a Supplemental Environmental Project (SEP) valued at $12,000. Under this SEP, the City of Worcester will use the funds to support the on-going improvements to the city's Brownfield GIS project, a mapping system of sites where a release of oil or hazardous material has occurred.

2/29/08: MassDEP executed a Consent Order with a $15,000 Penalty regarding Wellesley Rosewood - Maynard Mills, LP for Air Quality and Industrial Wastewater violations in Maynard. While conducting an inspection of the facility, it was determined that the company was burning oil in its boilers and not natural gas, which represents a violation of its existing air quality plan approval. It was also determined that the company was operating an industrial wastewater pre-treatment system without having a licensed operator. Today's Order requires the company to attain compliance with all applicable regulations. MassDEP has agreed to suspend the entire Penalty pending completion of a Supplemental Environmental Project (SEP). Under the SEP, the company will purchase components of a system that will help a tenant, another company, produce hydrogen through the use of a proprietary technology. The hydrogen will then be compressed and used to fuel a hydrogen generator in order to provide electricity during 'peak' periods. Hydrogen fuel will also be used to power a shuttle bus to transport employees and visitors from a local train station to the Wellesley Maynard buildings. In addition to the SEP, today's Order assures compliance with the company's air-quality approval and the proper management of (approx.) 800 gallons of industrial wastewater per week.

2/29/08: MassDEP issued a Demand Letter to Fannie Mae for stipulated civil penalties relative to Waste Site Cleanup violations in Templeton. Fannie Mae, which is based in Dallas, Texas, failed to comply with the terms of a previously established (2/9/06) Consent Order, regarding a residential fuel oil spill at 7 First Street in Templeton. The company agreed to submit a final cleanup statement no later than 10/1/07. The company failed to comply with that deadline, as the required report was not received until 12/4/07.

2/29/08: MassDEP issued a Unilateral Order to Tree Design Group, Inc., of Russell, and Rene Lussier of Peach Tree Design Group, Inc. for clearing trees in the buffer zone of a wetlands resource area of Russell Pond in Russell without the proper notification or approval. An observed 100-feet wide swath of Buffer Zone was cleared along 90 feet of "bank." In addition, silt fence was ripped allowing site drainage and runoff from the construction site to flow across the buffer zone toward Russell Pond. The Order requires immediate cease and desists from further disturbance as well as the submittal of a restoration plan and site stabilization by 3/14/08.

2/29/08: MassDEP's Environmental Strike Force investigated and developed a case that resulted in a Berkshire Grand Jury indictment of John Duquette, a Florida (Massachusetts) resident in connection with the alleged illegal dumping of waste in a North Adams sewer line, and the alleged assault of a former employee. Duquette was charged with illegal disposal of sewage, assault and battery, and Intimidation of a witness. Duquette is the owner of Berkshire County Construction in North Adams. The matter came to the attention of authorities in late 2007 when two former employees of Duquette contacted the North Adams Police Department concerning the company's practice of illegally dumping septic waste. North Adams officials notified the state's Attorney General, whose office alerted the Strike Force. The subsequent investigation found that allegedly after emptying the septic system at a home or business, the employees were instructed by Duquette to attach the sewer hose on the company truck to a coupling attached to a manhole cover on the company's property. The employees also claim that the contents of the truck would then be discharged into the North Adams sewer system. Duquette allegedly threatened an employee to never to say anything about the operation and also physically assaulted the employee. Authorities claim that Duquette was responsible for illegally dumping thousands of gallons of septic waste into the North Adams sewer system. During the course of the investigation, Strike Force investigators determined that neither Duquette nor his company had the proper permit to empty septic waste into the manhole located on the property of Berkshire County Construction. A trial date has not yet been set.

2/28/08: MassDEP issued a declaration of a water-emergency to Eagle Hill School in Hardwick. The residential school requested the declaration when its staff discovered a serious loss of water and difficulty maintaining adequate storage. The declaration allows the school to bring in water from an approved source to meet its drinking water needs. MassDEP referred the public water supplier to MassRural for leak detection assistance. MassRural utilized leak-detection equipment to effectively help narrow the area to search for the leak/loss of water. The leak was detected.

2/28/08: MassDEP entered into a Consent Order with Scott Healey, as lead trustee of Pembroke Realty #1 Trust, for Waste Site Cleanup violations at 354 Third Street in Everett. The Trust is the owner and/or operator of the property where violations were noted for failure to meet deadlines set out in a notice of noncompliance issued on 11/29/07. Today's Order requires a phase II report by 8/30/08, a phase III by11/30/09, a phase IV by 3/30/09 and a final outcome statement by no later than 8/30/09. In addition, the Trust has agreed to stipulated penalties for any missed deadlines.

2/28/08: MassDEP executed a Consent Order with a $6,500 Penalty involving Christopher Ferreira for Wetlands violations at 12 Gorham Street in Chelmsford. MassDEP noted the violations at Ferreira's residential property through the use of aerial surveillance, which identified approximately 9,500 square feet of bordering vegetated wetland alteration. Upon inspection staff found that some tree clearing and slight grading activity had been performed, but 9,000 square feet of the BVW had substantially restored naturally due to wetland hydrology remaining in the area. However, there were small piles of rock and sand, and a portion of a wooden deck, stored in 500 square-feet of BVW. MassDEP staff also discovered that the local conservation commission had observed the site prior to any activity being performed and verbally instructed Ferreira that the area was a buffer zone and that work could be performed in the area without any notification. Today's Order requires the full restoration of the remaining 500 square feet of BVW with long term monitoring (acknowledging the already restored 9,000 s.f.). MassDEP has agreed to fully suspend the $6,500 Penalty.

2/28/08: MassDEP entered into a Consent Order with a $34,500 Penalty regarding the city of Gloucester for Surface Water discharge violations at its West Gloucester Water Treatment Plant. The discharge of a caustic cleaning solution contained a very high pH went into Alewife Brook in Gloucester. The discharge occurred during regular maintenance activities of the plant filter plates. Today's Order requires the city to submit plans to connect the filter drain to the sewer. MassDEP has agreed to suspend $32,500 of the Penalty pending full compliance with the terms of the Order.

2/27/08: MassDEP issued a Unilateral Order to Manchester-by-the Sea, relative to Water Supply violations around the Lincoln Street public water supply well. MassDEP noted activities within the protective Zone I of the Lincoln Street well field during an inspection on 2/13/08. MassDEP observed construction vehicles and other heavy equipment and extensive earth excavation and removal. Today's Order requires the removal of all construction vehicles and equipment and restoration of the disturbed area within 21 days.

2/26/08: MassDEP issued a Notice of Noncompliance to the Market Place Wastewater Treatment Facility (Joseph B, Pasquale of DSM Realty Inc) at 230 South Main Street in Middleton. The facility has on-going effluent water quality violations of its groundwater discharge permit. MassDEP found that the facility's discharge monitoring reports indicate that the plant has suffered periodic shocks to their wastewater treatment process, suspected of causing turbidity and total nitrogen violations. The facility's groundwater discharge is in a Zone II of a municipal drinking water well. Today's Notice calls for a return to compliance plan developed within 30-days. The plan must be submitted to MassDEP for review and approval. MassDEP is in the process of reviewing the facility's groundwater discharge permit renewal application.

2/26/08: MassDEP issued a Notice of Noncompliance to the city of Gloucester's Department of Public Works for Wastewater Management violations at 26 Highland Street. The DPW was cited for unauthorized sewer system overflows and for failing to provide MassDEP with a notification of the event within 24 hours of becoming aware of the incident. Today's Notice requires the city to provide proper training of its wastewater staff (including the Public Works, Engineering Department and Board of Health) within 14 days. As part of the training process the city must collect and retain signed certifications of the training from each person required to be trained. Copies of the signed certifications are to be sent to MassDEP. Furthermore the City must revise its Emergency Preparedness and Response Plan (last revised in June 2007) in order to better reflect reporting requirements for the city's wastewater collection system. The city also has been notified that it has until 5/1/08 to submit this revised plan to MassDEP for review and approval.

2/26/08: MassDEP entered into a Consent Order with a $6,900 Penalty regarding Titan PCB East for Hazardous Waste Management, Air Quality and Industrial Wastewater violations at its 2 Industrial Way facility in Amesbury. Titan PCB East manufactures quick turn rigid printed circuit and flexible boards for commercial and milling applications. During the inspection, MassDEP found numerous violations. The facility has hired an environmental consulting firm to assist them in returning to compliance. MassDEP has agreed to suspend $2,556 of the Penalty pending full compliance for a period of one year.

2/26/08: MassDEP executed a Consent Order with the town of Millville for Solid Waste violations regarding the final closure of its inactive landfill. The town has an approved permit (Corrective Action Design) and today's Order grants an extension to that permit. The town must now complete all closure activities and submit the required certification report. Stipulated penalty provisions are included in the Order should compliance with the established date not be achieved.

2/26/08: MassDEP entered into a Consent Order with a $12,000 Penalty involving Fontaine Brothers, Inc. and the Town of Rutland for Wetlands violations in Rutland. Fontaine Brothers, Inc., which is located in Springfield, Mass., was engaged in a public school construction project at the Glenwood Elementary School in Rutland. Upon receiving a request for assistance from the Rutland Conservation Commission, MassDEP conducted an inspection of the construction site and observed that a discharge of sediment and silt to a perennial stream and adjacent bordering vegetated wetland was caused by inadequate and ineffective erosion controls. MassDEP then promptly issued a Unilateral (cease-and-desist) Order that required immediate stabilization of the work site with adequate erosion controls and the hiring of a wetlands specialist to assess the damage. The company did so, and has now agreed to enter into today's Order, which requires improvements to the drainage structures at the facility to prevent erosion, and establish a schedule for restoration of the impacted wetland resources in the area. Through corrective action, approx. 5,000 square feet of Bordering Vegetated Wetland and 5,000 square feet of land under waterbodies will be restored.

2/26/08: MassDEP issued a Unilateral Order to Fairlane Mobile Home Park and Sales, Inc., for Water Supply violations in Lunenburg. The company, as public water supplier, is required to notify all its consumers to boil tap water prior to using it for drinking and culinary purposes, and to take all necessary steps to prevent future incidents of contamination. This action will ensure that the population served by this public water supply will continue to receive water that is safe and fit to drink.

2/25/08: MassDEP entered into a Consent Order with the town of Winchendon for Water Supply violations. The town has agreed to bring its pubic water storage facilities and water distribution system into compliance with Drinking Water Regulations. The Order establishes a schedule for inspections and needed maintenance of the town's four water storage tanks, and submission of a water distribution study report for MassDEP to review and approve. The report must address replacement, or phase-out, of Tank #4 as a first priority due to the serious structural deterioration of the tank. The report must also address replacement of the 12-inch transmission line from the Ashburnham-Winchendon Regional Water Plant in Ashburnham. In addition, the town must update its water distribution map, and develop a SCADA system (Supervisory Control and Data Acquisition) for the town - SCADA and other types of control systems regulate real-world activity, such as the amount of water flowing The town is also required to submit cross-connection testing requirements as well. This action will ensure that the 5,600 residents served by this public water supply will continue to receive a safe and clean water supply

2/25/08: MassDEP entered into a Consent Order with a $9,950 Penalty regarding Safety-Kleen Systems, Inc., for Hazardous Waste violations in Walpole. The company, which provides industrial hazardous waste management cleaning services, was observed on 5/17/07 discharging 20-50 gallons of oily wastewater to the ground surface at a lot owned by Cook's Yamaha, 222 Providence Highway in Walpole. The discharged wastewater was regulated as a Massachusetts hazardous waste (waste oil), therefore Safety-Kleen Systems, Inc. was in violation of Hazardous Waste regulations due to the release of the hazardous waste without a license. In addition to the Penalty, the Order requires Safety-Kleen Systems, Inc. to ensure that its personnel, including its drivers, are properly trained in procedures to respond to spills or other releases.

2/25/08: MassDEP entered into a Consent Order with a $4,350 Penalty regarding S&L Rolloff Service, Inc., for Asbestos violations at 63 Church Street in Mattapoisett. The company transported asbestos containing waste material from this location in a manner that was in violation of Air Quality regulations. MassDEP has agreed to suspend $3,262.50 of the Penalty - pending the implementation of a Supplemental Environmental Project ("SEP"). Under the SEP, the company will initiate within 30 days the use of warning labels on waste containers, information handouts to customers and asbestos training to its employees.

2/25/08: MassDEP was notified of a potential oil release (Waste Site Cleanup) at a single-family residential property in Marion. The Marion Fire Department was initially notified of a potential leaking underground storage tank when a tenant reported a significant increase in oil consumption. Information gathered to date indicates while there may have been knowledge that the tank has in fact been leaking for some time, the owner of the property, currently in Florida, previously had a new above ground tank installed. MassDEP has arranged an on site inspection with the tenant, BOH and Fire. To date, no release has been determined, but the matter remains under investigation.

2/22/08: MassDEP issued a Unilateral Order to Blackstone-Chicago Realty Trust for Hazardous Waste Management and Solid Waste violations at its Uxbridge property. Today's Order requires the Trust, which owns a 53-acre wooded parcel of land in Uxbridge, to properly remove and dispose hazardous waste and solid waste found discarded on the property. Environmental Strike Force personnel, accompanied by members of the municipal board of health and DPW workers identified seven 275-gallon home heating oil tanks containing waste oil, oil residue and oil-contaminated water, as well as piles of solid waste dumped in various locations on the property and in close proximity to the Mumford River.

2/21/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving the city of Northampton to address Air Quality violations at the city's Glendale Road Landfill. In response to many odor complaints caused by the landfill, MassDEP, discovered that a flare used for burning the landfill gas, was not being operated in accordance with it's permit. In many instances the flare had failed to ignite causing unburned, odorous landfill gas to be released. The city was cited for failure to operate the flare in accordance with its air pollution control permit, but has since been working cooperatively with MassDEP to address the issue including modifying the flare in order to ensure its proper operation. In addition to the Penalty, the city will implement a Supplemental Environmental Project (SEP) worth $4,750. The SEP will entail the implementation of an energy efficiency audit at city owned and operated facilities.

2/20/08: MassDEP issued a Unilateral Order to Farley Water Association, for Water Supply violations serving five properties in the town of Erving. The members failed to fulfill their responsibilities as a public water system, including the requirements for a certified operator to oversee the system and routine water quality monitoring. The order directs the members to take the actions needed to meet drinking water standards within set timeframes. The order also incorporates the option that one or more properties may be removed from the system, meaning the FWA would be declassified as a public water system instead maintained as private wells.

2/19/08: MassDEP entered into a Consent Order with the town of Palmer for Water Pollution Control violations (combined-sewerage overflows). Under today's agreement the town will eliminate its remaining CSO discharges by 12/15/11. The Town has previously undertaken a number of projects to reduce its CSOs and has now agreed to a specific schedule to undertake projects needed to eliminate the remainder.

2/19/08: MassDEP executed a Consent Order with a $4,350 Penalty regarding JRM Hauling for Solid Waste violations at its compost facility in Beverly. During an inspection of the facility, MassDEP found the placement of approximately ten yards of (fish) lime cake. The lime cake had been approved (for re-use) as sludge for land application by farms in Massachusetts and not approved the composting of the lime cake with leaf and yard waste. In addition to the Penalty, JRM Hauling has agreed to cease the composting of lime cake at the site.

2/15/08: MassDEP entered into a Consent Order with a $1,000 Penalty involving Granby Auto Salvage for environmental violations at its Granby facility. The company has agreed to correct the various violations, including noncompliance with the management requirements relating to waste oil and not registering its waste oil space heater with MassDEP. Granby has fully cooperated with MassDEP to correct the violations.

2/15/08: MassDEP executed a Consent Order with Jean Fernery and Patricia Nazzaro for Waste Site Cleanup violations at 346 Salem Street in Revere. Specifically, violations were for failure meet deadlines set out in a Notice of Noncompliance issued on 10/11/07. Today's Order requires a phase II report by 10/30/08; a phase III by 1/30/09; phase IV by 5/30/09; and, a final outcome statement no later than 1/30/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/15/08: MassDEP issued a Unilateral Order to Waste Management of Massachusetts, Inc., for Solid Waste violations in Springfield. The company is required to evaluate and repair the existing landfill gas collection system, and the installation of an additional flare to control landfill gas (and malodorous emissions) at the Cottage Street Landfill in Springfield.

2/15/08: MassDEP executed a (second) Amended Consent Order with the town of Holbrook for Water Pollution Control violations. The Order contains a revised plan and schedule that Randolph will undertake to continue to effectively address the rehabilitation and maintenance of its municipal sewer system. Today's Amendment sets forth a revised plan and schedule for additional work into reducing the infiltration and inflow into the system (due to breaks/cracks, etc) Reducing this flow into the town's sewer system is necessary to eliminate extraneous peak flows and preserves capacity for the municipal system to function properly and as it enters the regional collection system. Since the signing of the original Order, the town has made substantial progress in completing the work. The town's consultant, CDM, has provided MassDEP updated information on the condition of the sewer system and estimates of the remaining excessive flow into the system. As a result of the work completed thus far and the updated information, the town has requested revisions to the original plan and schedule. MassDEP has concurred with the requested revisions and updates to the plan and schedule.

2/14/08: MassDEP executed a Consent Order with an $8,625 Penalty regarding the Seekonk Mall Trust / Developers Diversified Realty Corp. & EDF Seekonk II LLC for Water Pollution Control violations in Seekonk. The aforementioned entities are the owners of the Ann & Hope Plaza (the property), located at 95 Highland Avenue in Seekonk. The property is comprised of two large box stores and a large strip mall type structure. In the early 1990s a wastewater treatment plant was installed, to service the property. The plant had been maintained and operated properly, but was neglected for several months, leading to a sewage overflow, which was contained within the properties parking lot. MassDEP responded to the Seekonk Board of Health's report and supervised the cleanup and repair to the plant's influent pump station. The property owners have since replaced operational staff, repaired and/or replaced treatment units and are in the process of upgrading the plant to provide de-nitrification capability.

2/13/08: MassDEP issued a Unilateral Order to Abrasive Blasting for violations in Worcester. The Company was ordered to cease and desist the blasting of metal equipment and the discharge of dust into the ambient air. The Order follows a recent inspection following a referral from the federal Environmental Protection Agency. Today's Order follows a similar notice of noncompliance related to similar issues in 2006.

2/13/08: MassDEP entered into a Consent Order with a $5,750 Penalty regarding the city of Peabody for Drinking Water violations. The city had been discharging water treatment plant residuals to Lower Spring Pond and the discharge resulted in excessive aluminum levels to the Pond. In addition to the Penalty, the city is now required to submit an amended Restoration Plan (superseding a prior plan) that will establish specific schedule for the removal of all sludge from the Pond by 10/1/08.

2/12/08: MassDEP executed a Consent Order with the Andover Newton Theological School for Waste Site Cleanup violations at 163 Herrick Road in Newton. The School owns/operates the property, where it has failed to meet cleanup deadlines set out in a notice of noncompliance issued on 12/6/07. Today's Order requires the School to file a permit extension and an Immediate Response Action status or completion report by 3/30/08. In addition, a phase II report is due by 8/30/08; a phase III by 2/28/09; a phase IV by 8/30/09; and, a final outcome statement by no later than 2/28/10. Today Order contains a stipulated penalty provision for any missed deadlines.

2/12/08: MassDEP entered into a Consent Order with a $39.500 Penalty involving the city of Lawrence for Drinking Water Section violations at is water treatment plant. The city violated the terms and conditions of a 2004 Consent Order and a 2007 Consent Order. Today's order includes a number of requirements such as: ensuring that a certified operator, qualified at the appropriate grade, is physically present for the entire duration of each shift; that all perimeter gates and exterior doors are secured at all times; that access to the water treatment plant is controlled; that a long-term security plan will be submitted for review and approval; that Lawrence will operate the chlorine dioxide generator that had been off-line; that Lawrence will develop and submit to MassDEP certain Standard Operating Procedures for alarm settings and response to alarms; and, that all components of the SCADA system and alarms are fully operating and in working condition. SCADA is Supervisory Control and Data Acquisition, and is a type of control system that regulates real-world activity, such as the amount of water flowing MassDEP has agreed to suspend $19,500 pending compliance with the terms of the Order for a period of two years.

2/12/08: MassDEP executed a Consent Order with Demakes Enterprises, Inc., for Waste Site Cleanup violations at 88 Marion Street in Lynn. The company owns/operates the property where it has failed to meet deadlines set out in a notice of noncompliance issued on 11/23/07. Today's Order requires an Immediate Response Action status or completion report by 6/30/08 and a phase II report by 7/30/08. In addition, a phase III report is due by10/30/08; a phase IV by 3/30/09; and, a final outcome statement by no later than 9/1/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/8/08: MassDEP executed a Consent Order with Francis Waterman for Wetlands violations in Cheshire. MassDEP found that Waterman had begun the construction of an agricultural access road within a resource area without a permit (Final Order of Conditions). MassDEP learned of the road in processing an appeal of a local permit (Order of Conditions). Today's Order requires the restoration of less than 5,000 square feet of the impacted wetlands, and addresses the "agricultural crossing" previously created in conjunction with the construction of the new subdivision road.

2/8/08: MassDEP entered into a Consent Order with a $6,500 Penalty involving the Call & Wait, Inc., for Waste Site Cleanup violations in Norfolk. The company was cited for violating the notification provisions when In August, 2006, MassDEP received laboratory analytical data showing releases of oil and hazardous materials on the company property. Although the results revealed the requirement to notify MassDEP within 120 days, the company did not report.

2/7/08: MassDEP entered into a Consent Order with the YMCA Camp Hi-Rock, for Wetlands violations at its facility in Mount Washington. MassDEP found that the Camp had begun construction of an access road in violation of ifs MassDEP permit (Final Order of Conditions). Construction work resulted in alteration of 2,756 square feet of bordering vegetated wetlands and less than 50 feet of bank. Today's Order requires restoration of the area. The project had begun under a local permit, however, conservation commission enforcement orders stopped the work and the parties requested MassDEP assistance in resolving issues at the site.

2/7/08: MassDEP executed a Consent Order with a $50,500 Penalty regarding William F. Harvey for Wetlands and Waterways (Chapter 91) violations at 267 Pawtucket Boulevard in Tyngsborough. In responding to a complaint, MassDEP found the violations at the residential property. Harvey had constructed a four to five foot high crude stonewall approximately 100 linear feet long along the bottom of the Bank on the Merrimack River. The footprint of the toe of the wall filled approximately 104 square feet of resource area (Land Under Water) Harvey also constructed a hard footed, pile-supported pier extending into the river. All of this activity was conducted within the estimated habitat of a rare wildlife. This work had been done without notification or authorization. Today's Order requires removal of the wall; the stabilization/restoration of the bank (i.e. soft solution); the long term monitoring; and, either full retroactive permit for the pier by 10/1/08 or the subsequent removal of the pier until such authorizations are received. MassDEP has agreed to suspend $40,500 of the Penalty pending compliance by 10/31/12.

2/7/08: MassDEP entered into a Consent Order with Essex Agricultural and Technical Institute for Waste Site Cleanup violations at 562 Maple Street in Danvers. The Institute is the owner and/or operator of the property where violations were noted for failure meet deadlines established in a notice of noncompliance issued on 11/29/07. Today's Order requires an Immediate Response Action status or completion report by 2/29/08 and a phase II report by 10/27/08. In addition, a phase III report is due by 2/23/09; a phase IV by 5/25/09, and a final outcome statement by no later than 1/10/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/6/08: MassDEP issued a $29,042.50 Penalty Assessment Notice to Nelson Sleeper for Drinking Water violations at 65 Worcester Road in Charlton. Sleeper is the owner of an apartment complex at that location. During an inspection several years ago, MassDEP determined the residents of the apartment complex were receiving drinking water from an unapproved source and was not undergoing appropriate testing. Testing was immediately begun and Sleeper met with MassDEP to discuss compliance issues. While testing showed no water quality issues, Sleeper has failed to complete negotiations with MassDEP to address enforcement issues resulting from this violation. Today's Penalty accompanies a Unilateral Order to Sleeper to address remaining compliance issues. These actions will ensure that safe drinking water is and continues to be supply to the facility's 80 residents.

2/6/08: MassDEP has issued a Unilateral Order to the town of Stoughton and TW Conroy for Solid Waste violations at the Page Street Landfill in Stoughton. Today's Order requires the owner/operator to complete the lateral waste delineation and complete the installation of the landfill soil-gas monitoring network. Of particular concern was the fact that recent environmental monitoring data (of the partially installed monitoring network) indicates that landfill soil-gas is laterally migrating. Today's Order sets forth a compliance schedule to complete the required assessment/monitoring activities, waste delineation and landfill soil-gas monitoring.

2/4/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding John F. Tautznik & Sons Construction Company, Inc., for Asbestos violations in Southampton. John Tautznik is the president of company, which is based in Easthampton. MassDEP received a complaint (that asbestos had not been removed from a vacant house located in Southampton prior to its demolition) and found on 6/1/07 asbestos-cement siding, known as transite, on the ground at the demolition site. Most of the asbestos had been crushed and was in the cellar, co-mingled with other debris. Tautznik and the property owner fully cooperated with MassDEP and retained an asbestos contractor to clean up the site, as well as an asbestos consultant to monitor the air during the cleanup. Tautznik will pay $5,000 of the Penalty, with the balance of the penalty suspended during a one-year probationary period. Tautznik also agreed to implement Best Management Practices for his company to prevent any future violations of the asbestos regulations.

2/4/08: MassDEP entered into a Consent Order with a $10,000 Penalty involving Joseph Pafumi for Asbestos violations on Main Street in Springfield. Pafumi of Wilbraham was found to have conducted asbestos handling violations at this location in the Indian Orchard section of Springfield. The Springfield Building Inspector notified MassDEP that demolition activity had been shut down and that the city's demolition permit had been revoked. MassDEP inspected the site and found pieces of asbestos-cement siding, known as transite, at various locations around the site. A review of MassDEP records showed that no asbestos removal notification was on file for the work. Pafumi indicated to MassDEP inspectors that he had performed the siding removal prior to beginning the demolition operation. Pafumi, who fully cooperated with MassDEP, retained an asbestos consultant to inspect the interior of the property for asbestos materials and to devise a clean up plan for the site. Under MassDEP's supervision, Pafumi has retained a licensed asbestos contractor to clean up the site and remove the remaining asbestos found inside. Another contractor has demolished the building. MassDEP has agreed to suspend $5,000 of the Penalty pending a one-year probationary period.

2/4//08: MassDEP entered into a Consent Order with a $1,500 Penalty regarding Temby Auto, for Hazardous Waste Management and Wetlands violations in Springfield. The facility was in noncompliance with the requirements to post signs, lines and labels for its waste oil containers and storage areas. Additionally, numerous vehicles had been placed within 100 feet of a pond. Temby Auto will pay a $1,000 penalty, bring its facility into compliance and work with the Springfield Conservation Commission to address the vehicles near the pond. MassDEP has agreed to suspend $500 of the Penalty pending compliance with the Order.

2/4/08: MassDEP issued a $250 Penalty Assessment Notice to Clean Care Service for Water Pollution Control violations in East Longmeadow. A worker for the cleaning service company, located in Springfield, was observed discharging a cleaning wastewater to a storm drain. MassDEP personnel received a telephone call from an East Longmeadow Fire Department employee who witnessed the discharge of rug and carpet cleaning wastewater into a storm drain located in the parking lot of a retail pharmacy store at 31 Maple Street, in East Longmeadow. The wastewater was generated and accumulated by Clean Care Service during work at the pharmacy.

2/1/08: MassDEP executed a Consent Order with $27,000 Penalty regarding High Point Treatment Center for Water Pollution Control violations in Plymouth. MassDEP observed during a permit renewal inspection that High Point was discharging untreated wastewater into a storm drain, conducting inadequate Operations & Maintenance of its wastewater treatment facility and had inadequate coverage (certified operator). In addition to the Penalty, High Point will take immediate steps to ensure compliance with wastewater disposal and with operations & maintenance of the on-site wastewater treatment plant. MassDEP has agreed to suspend $17,000 of the Penalty pending compliance.

January 2008

1/31/08: MassDEP entered into a Consent Order with the town of Edgartown (and the Martha's Vineyard Refuse Disposal & Resource Recovery District) for Solid Waste violations at the Meshacket Road Landfill in Edgartown. The specific violations involve the failure to complete the assessment and closure/capping of the unlined municipal landfill. At issue is the fact that through the review of the landfill closure certification report that had been submitted in 2002, MassDEP determined that the assessment/closure/capping of the unlined landfill had not been completely performed. Also, a 2-acre area located at the site was not included in the original landfill assessment, closure and capping plans that the parties implemented 1997-2001 pursuant to a MassDEP Order of 5/15/95. MassDEP's review of recently-submitted information found that this 2-acre area had been used as the location of a temporary solid waste transfer station established at the landfill while the District established a larger "central facility" elsewhere on the island. At the time, the landfill was going through its "original" assessment, closure and capping. At that time, it was thought that this 2-acre area did not contain any solid waste. Today's Order establishes a compliance schedule whereby the additional 2-acre landfill area will now be assessed and capped, and an expanded environmental monitoring network will be developed for the site, which will incorporate the additional 2-acre area. Today's Order also includes provisions for payment of a suspended $34,340 Penalty in the event of failure to comply with the terms of today's Order.

1/31/08: MassDEP entered into a Consent Order with a $8,050 Penalty regarding Burlco LLC for Water Pollution Control violations at Arboretum Apartments [AEW Capital Management, L.P.] off of Peach Orchard Road in Burlington. The Order with the AEW signatory was for violating terms of their original sewer connection permit and failing to obtain a currently valid sewer connection permit to discharge wastewater. In addition to the Penalty, the respondent must contribute $56,679 into the town of Burlington's Infiltration & Inflow Bank, which was established to address concerns related to an existing on-site wastewater pump station and 330,000 gallon holding tank. Burlington is actively engaged in identifying and removing sources of I/I in their wastewater collection system to mitigate sewer system overflows to Vine Brook in Burlington and also further downstream in Woburn at Horn Pond. MassDEP has agreed to suspend $6,050 of the Penalty pending compliance.

1/31/08: MassDEP entered into a Consent Order with a $6,500 Penalty regarding Brown & Parsons, Earth Products for Wetlands violations at 47 Golden Grove Road in Chelmsford. The site violations were initially discovered through the Wetland Change Project using aerial photography. Upon investigation, staff confirmed that approximately 1,960 square feet of bordering vegetated wetland was altered during the four years the business leased the site. The alteration resulted from materials storage and various business operations including significant efforts to clean up the site and make improvements to stormwater flows and erosion control. However, none of the activity had the required authorization or approval.  The document requires full restoration (with a plan that will likely include additional voluntary stormwater controls and buffer zone improvements) and long-term monitoring. MassDEP has agreed to suspend $2,500 pending full compliance.

1/31/08: MassDEP entered into a Consent Order with a $31,500 Penalty regarding Greg Bruett for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead. Bruett, who owns and/or operates the property failed to meet deadlines established by MassDEP in a Notice of Noncompliance. Today's Order requires an immediate response status report by 1/31/08 and a phase one and classification by 4/30/08. MassDEP has agreed to suspend $18,500 of the Penalty pending compliance, and contains a stipulated penalty provision for any missed deadlines.

1/30/08: MassDEP entered into a Consent Order with a $12,000 Penalty regarding Battle Road Farm Condominium Trust for Groundwater Discharge violations in Lincoln. The Trust owns and operates a wastewater treatment facility with discharge to the Shawsheen River. The Trust was out of compliance with its permit to discharge for several parameters including nitrogen. In addition to the Penalty, the Trust is required to implement a facility evaluation to bring the facility back into compliance.

1/28/08: MassDEP entered into a Consent Order with the Federal Bureau of Prisons for Water Pollution Control violations in Devens. The Bureau has agreed to correct issues with the federal medical center, specifically the wastewater treatment plant. In 2007, the facility caused a release of untreated wastewater into a nearby water body, Mirror Lake. Today's Order requires the facility to submit a proposed standard operating procedure for notifying federal, state and local authorities on any future overflow, as well as a schedule for capital improvements to the system to prevent future overflows.

1/28/08: MassDEP executed a Consent Order with a $27,620 Penalty regarding Daniel and Jacqueline Rutowicz for Asbestos violations in Holliston. MassDEP determined the violations during a renovation at the Holliston residence. Prior to today's Order, the site had subsequently been properly cleaned. MassDEP has agreed to suspend $25,620 of the Penalty pending full compliance with all asbestos regulations for one year.

1/25/08: MassDEP entered into a Consent Order with the town of Hanson for Solid Waste violations at the Municipal Sanitary Landfill on Franklin Street in Hanson. The site serves as landfill and solid waste transfer station/recycling center. The unlined landfill ceased operation during the early-mid 1970's and converted disposal operations to a transfer operation. The landfill site was never assessed and there are no records demonstrating the landfill was ever capped. Records also indicate that the transfer station was never permitted. In November 2007, the town approached MassDEP and requested guidance and assistance regarding the performance of whatever actions necessary in order to comply with state regulations. Today's Order establishes a compliance schedule whereby the landfill and transfer station site will be assessed. The town will also determine whether any environmental impacts have resulted from the uncapped nature of the landfill as well as whether the transfer station is being placed at risk due to its presence on top of the uncapped landfill. Compliance with Order will result in the acquisition of all necessary permits for the site/facility inclusive of establishing an appropriate environmental monitoring network for the site. The monitoring is important because the landfill/site is located upgradient of a Hanson's public water supply source. The Order also includes provisions for payment of a suspended $29,600 Penalty in the event of failure to comply.

1/25/08: MassDEP executed a Consent Order with Thomas Fitzgerald for Waste Site Cleanup violations at 54 Pawtucket Boulevard in Tyngsborough. Fitzgerald, owns the property (the former Stateline Auto Recovery & Towing Site) where there was a failure to submit a phase IV final outcome within the deadline. New deadlines have now been established to return the site to compliance with the submittal of a phase IV by 7/29/08 and either a final outcome or remedy status by 9/28/08. In addition, Fitzgerald agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

1/24/08: MassDEP executed a Consent Order with Jet-A-Way, Inc. for Waste Site Cleanup violations at 20-56, 31-47 Kemble Street in Roxbury. The company is the owner and operator of the properties where it has failed to submit timely cleanup reports including final outcome within the deadline established in a notice of noncompliance previously issued by MassDEP on 10/15/07. New deadlines have now been established to return the site to compliance with the submittal of tier II extension by 2/1/08 and phase II and III reports by 12/31/08, a phase IV plan by 4/30/09 and either a final completion or remedy status by 10/31/09. In addition, Jet-A-Way, Inc. agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

1/24/08: MassDEP entered into a Consent Order with a $30,000 Penalty involving Joseph Ruggiero for Waste Site Cleanup violations at 181 North Washington Street in Boston. This is the third Consent Order with Ruggiero for cleanup violations at the site. Specifically, the violations were for failure to submit the phase III plan by the deadline established in the previous Order with Penalty entered into with MassDEP on 7/24/06. New deadlines have now been established in the latest Order to return to compliance with the submittal of revised phase reports, and a final outcome by 6/1/09. MassDEP has agreed to suspend $10,668.76 of the Penalty pending compliance.

1/24/08: MassDEP entered into a Consent Order with a $2,875 Penalty regarding Ruby Tuesday for Water Pollution Control violations at it restaurant at 83-85 North Dartmouth Mall in Dartmouth. On 7/26/07, MassDEP personnel conducted an inspection at the site in response to a complaint and observed that Ruby Tuesday personnel had discharged grease/water mixture to an adjacent storm drain. Ruby Tuesday immediately ceased the discharge of grease/water mixture, initiated employee training, and cleaned out the storm drain and sent the material for proper disposal. Additionally, Ruby Tuesday will assess the potential impact the grease/water mixture impact had on the nearby Paskamansett River.

1/24/08: MassDEP entered into an Amendment to a Consent Order with A & H Auto Exchange, Inc, for Wetlands violations at 15 Robinson Road in Salem. Specifically, the amendments require stormwater management guidelines within Wetland Protection Act jurisdiction to a greater extent than what was contained in the original Order executed on 11/10/05. Also clarified is the process for submittal, review and approval of stormwater control plans/implementation, maintenance and monitoring reports by MassDEP wetlands staff.

1/22/08: MassDEP entered into a Consent Order with a $2,000 Penalty regarding ARC Environmental Services, Inc. for Asbestos violations at Reading High School, 82 Oakland Road in Reading. MassDEP observed the violations by ARC during a routine inspection of an asbestos abatement site located at the Reading High School. MassDEP has agreed to suspend $1,000 of the Penalty pending full compliance for one year.

1/22/08: MassDEP entered into a Consent Order with a $24,000 Penalty regarding Dorey Fuel Company, Inc. for Waste Site Cleanup violations at 262-264 Norfolk Street in Roxbury. Dorey is owner of the site where it has failed to submit cleanup reports including a phase IV by the deadline established in a previous Order (10/5/06). New deadlines have now been established including a final response outcome by 9/30/08. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.

1/18/08: MassDEP entered into a Consent Order with a $2,010 Penalty regarding Pharmasol Corporation for Hazardous Waste Management, Air Quality and Water Pollution Control violations in Easton. A multi-media inspection of the company's facility revealed incomplete contingency plans, an unregistered wastewater-holding tank and record-keeping requirements. The facility has agreed to register the holding tank and comply with the hazardous waste requirement and the air pollution requirements.

1/18/08: MassDEP issued a $1,000 Penalty Assessment Notice to C&S Wholesale Grocers, Inc. for Waste Site Cleanup violations at 95 North Hatfield Road in Hatfield. C&S has failed to meet cleanup deadlines set forth in a Notice of Noncompliance (NON) issued by MassDEP relative to a discharge of 900 pounds of ammonia gas to the atmosphere. C&S completed an initial evaluation of the release and performed repairs and upgrades to the refrigeration system but has failed to submit appropriate documentation to MassDEP regarding assessment of the release. C&S failed to completely respond to the NON, and MassDEP then issued a letter to C&S requiring the company to attend a conference with MassDEP on 1/15/08 to discuss resolving the violation. After receiving the letter C&S submitted all required reports documenting assessment of the ammonia release but failed to attend the enforcement conference.

1/18/08: MassDEP entered into a Consent Order with a $36,542 Penalty regarding P. A. Landers for Hazardous Waste, Air Quality and Water Pollution Control violations at its Nicks Road Road facility in Hanover. A multi-media inspection of the Nicks Rock Road, Plymouth facility, revealed air violations relative to opacity (visible emissions) from the asphalt plant and dust nuisance conditions from equipment from the stone plant. In Hazardous Waste, improper labeling, manifesting and storing of waste oil. The Water Pollution Control violations found were related to the un-permitted discharge to the ground and an unregistered holding tank. The facility has now agreed to the Penalty and agreed to cease the groundwater discharges, register the holding tank and comply with the hazardous waste requirements and the air pollution requirements.

1/15/08: MassDEP entered into a Consent Order with a $1,725 Penalty regarding Microwave Engineering Corporation for Hazardous Waste Management violations at its 1551 Osgood Street facility in North Andover. MassDEP found the violations during an inspection of the facility. A Notice of Noncompliance (NON) was sent to facility. Microwave Engineering Corporation did not respond to the NON. A follow-up inspection of the facility found the same violations. In addition to the Penalty, Microwave is required to pay $525 in back fees. .

1/15/08: MassDEP executed a Consent Order with a $15,000 Penalty involving the Hamilton-Wenham Regional School District for Groundwater Discharge violations in Hamilton. The District maintains a wastewater treatment plant to serve both the Mile River Middle School and Hamilton-Wenham Regional High School. The plant has had compliance issues since its construction, and today's Order supersedes a previous Order (2002) that attempted to address the problem. Today's Order now requires Hamilton-Wenham to implement operational changes between now and June 2008 to achieve compliance with its discharge permit. In the event that that operational changes are insufficient, the Order requires Hamilton-Wenham to undergo a facility evaluation report outlining design changes required to achieve compliance and sets forth a schedule for construction of those design changes. MassDEP has agreed to suspend $7,500 pending compliance with the Order.

1/14/08: MassDEP entered into a Consent Order with an $8,050 Penalty involving Donald C. Freeman Jr. PhD, as trustee for Arborwood Condominium Trust for Wastewater Management violations in Burlington. Specifically, the Trust violated the terms of their original sewer connection permit and failed to obtain a currently valid sewer connection permit to discharge wastewater. MassDEP has agreed to suspend $6,050 of the Penalty pending compliance with all terms of the Order including the requirement that the respondent contributes $8,970 into the Town of Burlington's infiltration/inflow bank, and also to address concerns related to an existing on-site wastewater pump station and 330,000 gallon holding tank. Burlington's I&I bank was created to identify and remove sources in their wastewater collection system in order to mitigate the overflows prevalent in the sewer system that impact Vine Brook in Burlington and also further downstream in Woburn at Horn Pond.

1/14/08: MassDEP entered into a Consent Order with a $26, 749 Penalty regarding Stecom, Inc. for Asbestos violations at 168 Stevens Street in Fall River. The company failed to submit written notification to MassDEP for removal of friable asbestos-containing material (ACM) and caused emissions to the ambient air. Other violations included: failure to store asbestos at an approved transfer station; failure to lower the asbestos containing material to the ground; failure to seal the work area; failure to use air-cleaning equipment; failure to place the asbestos in leak tight containers; failure to seal containers; failure to label containers; and, failure to adequately wet asbestos containing material during the removal of asbestos from the building. MassDEP has agreed to suspend $11,349 of the Penalty pending complete compliance by Stecom for a period of one year.

1/13/08: MassDEP entered into a Consent Order with a $31,500 Penalty regarding Everett A. Russell, III for Wetlands violations at 478 Merrimack Street in Methuen, a residential property. A gas pipeline company was previously issued local, state and federal wetland regulatory authorization for pipeline construction in an easement through Bordering Vegetated Wetland (BVW) on the site. BVW restoration and long term monitoring was a permit requirement for the pipeline company. Post restoration monitoring reported to DEP and subsequent MassDEP investigation revealed that the property owner had tilled and planted crops in the BVW within and beyond the restored pipeline corridor, resulting in BVW alteration of approximately a little over one acre. The activity was neither exempt nor permitted. Today's Order requires restoration of the altered BVW, long-term monitoring. MassDEP has agreed to suspend $18,625 of the Penalty pending compliance.

1/10/08: MassDEP entered into a Consent Order with U.S. Petroleum, Inc., for Waste Site Cleanup violations at 70 Galen Street in Watertown. The company is the owner and operator of the property due to the failure to submit phase II, phase III and phase IV (cleanup) reports within the established deadlines. New deadlines have now been established to return the site to compliance with the submittal of phases II and III reports and a phase IV plan by 9/18/08. In addition, U.S. Petroleum, Inc. agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.

1/10/08: MassDEP executed a Consent Order with a $9,000 Penalty regarding W. S. Construction, Inc. for Wetlands violations at 110 Main Street in North Reading. MassDEP inspected the property after receiving a complaint and found that approximately 3,500 square feet of bordering vegetated wetland had been altered as the result of wood-chips and other material stockpiling by a former tenant that operated a landscaping business from the site. Subsequent to the tenant leaving, W.S. Construction was found to be working on the site attempting to "clean" the area, using large equipment. None of the activity was conducted with authorization or permit. In addition to the Penalty, the company has agreed to restore the area based on approval of plans and to long-term monitoring. MassDEP has agreed to suspend $3,500 suspended pending compliance as of 10/31/13.

1/10/08: MassDEP entered into a Consent Order with a $12,000 Penalty regarding the University of Massachusetts at Amherst for Asbestos violations. MassDEP determined a series of violations of the asbestos handling regulations occurred at the Amherst campus during the summer construction season of 2006. The University failed to remove asbestos prior to demolition operations at two sites, and also allowed their asbestos sub-contractor to use alternate work practices during asbestos abatement operations at two other sites without prior approval. MassDEP inspectors observed the violations during inspections in July and August of 2006. The August inspections were conducted jointly with Federal EPA asbestos inspectors. These violations occurred before the University had fully implemented its current campus-wide Best Management Practices that were agreed to in a 2006 Administrative Consent Order.

1/10/08: MassDEP entered into a Consent Order with a $20,000 Penalty regarding Ben Franklin Design and Manufacturing Company, Inc. for Hazardous Waste Management violations in Agawam. In addition to bringing the facility into compliance, the company will perform a Supplemental Environmental Project in the amount of $7,500 that entails the purchase of equipment for the Agawam Fire Department's use to assist in responding to hazardous-materials incidents. MassDEP has agreed to suspend $6,000 of the Penalty pending full compliance.

1/10/08: MassDEP executed a Consent Order with a $2,875 Penalty regarding Pottle's Transportation, Inc. for Waste Site Cleanup violations in Charlton. The transportation-company, based in Hermon, Maine, failed to notify within two hours after a sudden release of diesel fuel. It failed to perform an Immediate Response Action in a timely manner. The release occurred from a leaking diesel fuel saddle tank on a tractor-trailer owned and operated by Pottle's and impacted pavement for several miles along Route 20 from Auburn to Charlton before the Charlton Police Department stopped the vehicle. Under the terms of the Order, Pottle's has agreed in addition to the Penalty, to perform a Supplemental Environmental Project (SEP) valued at an additional $8,625. The SEP requires the installation of a computer macro in each of Pottle's trucks, publication of a news article detailing the company's noncompliance with the MCP and lessons learned, and distribution of notification stickers and cards to all drivers. The computer will allow all tractor-trailer drivers to immediately notify Pottle's 24/7 notification center through a wireless computer connection mounted on board.

1/9/08: MassDEP entered into a Consent Order with a $2,500 Penalty regarding Seaman Paper Co. for Water Pollution Control violations in Templeton. The company violated the conditions in its surface water discharge permit (National Pollutant Discharge Elimination System). The plant was operated by a non-certified operator and failed to conduct required monitoring and recordkeeping. The company will take the necessary steps to comply with its permit pertaining to its wastewater treatment plant.

1/8/08: MassDEP executed a Consent Order with a $10,000 Penalty regarding Conrad & Robert Donell, individually, and as trustees of DB Realty Trust for Wetlands violations in Fitchburg. MassDEP observed the violations at a residential sub-division known as "Kopley Place" that the Trust is developing in Fitchburg. MassDEP personnel conducted an inspection of the area in May of 2007, at the request of the local conservation commission, and observed the noncompliance. MassDEP had granted approval for some work at the site, but the developers failed to construct storm water drainage structures, failed to construct a wetlands replication area, and had commenced work on house lots without having first obtained written approval from MassDEP as required. Today's Order requires the submission of a revised drainage plan to MassDEP for its review and approval; placement of proper erosion and sedimentation controls at the site; and, submission of a schedule for the construction of the required wetland replication area. In addition to the Penalty, the Donnels (of Ayer) and the Trust agreed to stipulated penalty provisions for any future noncompliance. Completion of this action will result in properly functioning drainage for this subdivision, and the replication of 6,685 square feet of wetland area.

1/07/08: MassDEP entered into a Consent Order with a $2,000 Penalty involving Bukowski Construction LLC for Wetlands violations on Palmer Road in Monson. Bukowski, of Wilbraham, owns the property on Palmer Road in Monson where violations of the Wetlands Protection Act were noted. Sediment in the runoff from a construction site discharged into Bordering Land Subject to Flooding (BLSF). An estimated 32,000 sq. ft. of BLSF was altered with an estimated loss of 48,000 cubic feet of flood storage due to runoff that occurred during an October 2005 rain episode. In addition to the Penalty, Bukowski is required to hire a consultant, submit a restoration plan and fully implement the plan by 10/15/08.

1/7/08: MassDEP entered into a Consent Order with the town of Wayland for Water Supply violations in Wayland, specifically the town is out of compliance with the Drinking Water Regulations for public notification of lead and copper rule. The town has agreed to take the steps necessary to achieve compliance.

1/4/08: MassDEP issued a $17,050 Penalty Assessment Notice to Benjamin Chiu for Asbestos violations at 2 Martin Terrace in Milton. At the request of the Milton Board of Health, MassDEP personnel responded to a complaint of improper asbestos removal. MassDEP observed improper asbestos abatement had occurred in the basement of said address without notification as required. Chiu, the owner of the property, indicated that he had hired an unlicensed entity to remove the asbestos from the basement. Several attempts were made to settle the case without success. As a result of the foregoing, MassDEP issued today's Penalty.

1/3/08: MassDEP entered into a Consent Order with a $17,425 Penalty involving the Rindge Realty Trust for Clean Water Act violations in Cambridge. Following up on a complaint regarding sewage discharge (October 2007) the Environmental Strike Force (in October '07) inspected a catch basin at 216 Rindge Avenue in Cambridge. This property consists of an 8-unit apartment building and parking lot and is owned by Rindge Realty Trust (trustee: Lionel Goguen.) The Strike Force discovered a release of sewage from both the catch basin and from a recently excavated gas line hole. Samples showed that both locations contained e coli in significant excess of acceptable limits for human exposure. Cambridge officials and the property owner noted the release of raw sewage spilling out of the catch basin and the gas line excavation onto Rindge Ave. The owner was directed to take immediate action to pump the sewage out of the two locations and to immediately hire a contractor to locate the source of sewage and make the necessary emergency repairs to stop the discharge. It was ultimately shown that the property owner's sewer service connection was illegally connected to the parking lot catch basin, in violation of the Massachusetts Clean Water Act. Rindge has agreed to undertake additional engineering work to correct illegal connections to the storm water system, fully reconstruct the property's existing storm water system, and restore the property's sewer service connection to comply with State Plumbing Code. MassDEP has agreed to suspend $7,425 pending full compliance with all requirements and deadlines.

1/3/08: MassDEP issued a $30,000 Penalty Assessment Notice to Paul G. & Odilia Miguel for Waste Site Cleanup violations at 673 Bedford Street in Fall River. The property has historically been used as a gasoline station, and when underground storage tanks were removed in 1992, it was confirmed that a release of oil to the surrounding soil and groundwater had occurred. Paul G. & Odilia Miguel have refused to engage the services of the appropriate licensed environmental professionals to conduct response actions at the Site. MassDEP issued a Notice Of Noncompliance (NON) in May 2007, requiring the owners to undertake and complete response actions. The NON was ignored, and in September 2007 MassDEP issued the property owner a Notice of Enforcement Conference. While, the property owner attended the enforcement conference with their attorney, parties were unable to reach an agreement that warrants the property owner to initiate response actions.

1/3/08: MassDEP executed a Consent Order with a $30,000 Penalty regarding Gary A. Nadeau as trustee of GTN Realty Trust for Waste Site Cleanup violations at 406 Essex Street in Salem. GTN Realty Trust, which owns the property, had been issued a Notice of Noncompliance on 11/28/06. Specifically, the violations were for failure to submit either a tier classification, or a final response outcome within the established deadlines. MassDEP has agreed to suspend $18,000 of the Penalty pending full compliance. The Trust has agreed to submit a phase I, and tier classification submittal by 5/30/08.

1/3/08: MassDEP entered into a Consent Order with the town of Amesbury for Waste Site Cleanup violations at 36 High Street in Amesbury. The town owns the property where violations were found including failure to submit a phase II, phase III within the established deadlines. New deadlines have now been established including the submittal of an Immediate Response Action status report or completion by 1/30/08 or a phase II by 1/30/09. Additional actions include: a phase III by 6/30/09, a phase IV by 1/30/10, and either a remedy operation status or a final outcome statement by 11/30/10. In the event that any of the deadlines are missed, today's Order contains a stipulated penalty provision of $1,000 a day for noncompliance.

1/3/08: MassDEP entered into a Consent Order with Claudio Coppola for Waste Site Cleanup violations at 132-140 Pleasant Street in Watertown. Coppola, the current owner of the site, failed to meet the submittal deadline set out in a Notice of Noncompliance issued by MassDEP on 8/7/06. Today's Order requires the submittal of a phase IV by 8/23/08. Unless a final response outcome (or remedy operational status) is achieved and submitted, a tier II extension must be submitted to MassDEP by no later than 8/23/08. If an extension is submitted, than a final response outcome will be due no later than 8/23/09. Today's Order contains a stipulated penalty provision for any missed deadlines.

1/2/08: MassDEP executed a Consent Order with a $30,000 Penalty regarding Demetrios Vardakostas as trustee of Bostonia Nominee Trust for Waste Site Cleanup violations at 555 Southern Artery in Quincy. The Trust, which owns the property, failed to achieve a final response outcome within the deadlines established on 7/26/06. New deadlines have now been established to return to compliance with the submittal of a final outcome statement by 10/1/09. MassDEP has agreed to suspend $20,000 of the Penalty pending full compliance.

1/2/08: MassDEP entered into a Consent Order with a $20,000 Penalty involving Lafarge North America for Air Quality violations in Charlestown (Boston). Lafarge was cited for Air Quality violations as a result of an accidental release of dry cement product from its cement storage and distribution facility in Charlestown. The release occurred in September 2006 when the cement delivery system clogged and became over-pressurized, which caused a baghouse to fail. After that incident, during enforcement negotiations, Lafarge implemented short-term measures to prevent a similar event from occurring in the interim. Today's Order now requires Lafarge to install and operate an automatic "fail-safe" electronic interlock system at the facility that will stop the transfer of dry cement product in the event that the system becomes clogged or over-pressurized. Lafarge has filed a Comprehensive Plan Application (CPA) with BWP for written approval of upgrades to the cement storage and distribution facility and its associated air pollution control equipment, as well as the installation and operation of product level, pressure, and flow-monitoring equipment.

1/2/08: MassDEP entered into a Consent Order with a $3,440 Penalty regarding Wilcox & Barton, Inc. for Air Quality (Stage II/Vapor Recovery) violations at a Wayland facility. As a result of a 3/1/07 service station inspection in Wayland by MassDEP and a review of the Stage II Vapor Recovery results, it was determined that on two occasions Wilcox & Barton, Inc. (of Moretown Vermont) had certified the system configuration that did not meet the requirements. MassDEP agreed to suspend $1,440 if the company remains in compliance for one year. Since Wilcox & Barton, Inc. sold the Stage II Vapor Recovery Testing Division of the company in July 2007; no further actions by the company are necessary to return to compliance at this time.