December 2009

12/30/09: MassDEP entered into a Consent Order with a $10,100 Penalty with the Gillette Company for Industrial Wastewater violations at its 30 Burtt Road facility in Andover and at One Gillette Park in Boston. Routine inspections of the Andover facility in August of 2009 by MassDEP revealed that since the Andover facility discharges more than 50,000 gallons per day of treated industrial wastewater to the sewer, it should have submitted, but failed to apply for the proper sewer connection permit. In addition, the Andover facility did not have a complete operation and maintenance manual onsite relative to its industrial wastewater pre-treatment system. At the Boston facility, MassDEP found during September of 2009 air quality violations, including failure to maintain certain fuel records on-site, inaccurate filing of source registration emissions data, improper installation of exhaust stacks on two emergency generators, failure to maintain replacement parts of its parametric emissions monitoring system equipment and failure to submit annual reports and compliance testing reports to MassDEP. In addition to agreeing to take corrective actions at both facilities bringing them back into compliance, Gillette has agreed to pay the Penalty and pay double the industrial wastewater permit fee (for a total of $3,210).

12/30/09: MassDEP entered into a Consent Order with a $30,000 Penalty regarding Claudia Owens regarding Waste Site Cleanup violations at 4 1/2 School Street in Amesbury. Owens, the owner at this two-family residential property failed to meet cleanup deadlines. MassDEP had issued a Notice of Noncompliance on 1/28/09. Today's Order requires an Immediate Response Action status or completion report by 2/1/10. Thereafter, by no later than 9/1/10, submitting a permit for additional work or demonstrating that a final cleanup solution has been reached. MassDEP has agreed to suspend $25,000 and the remaining $5,000 will be paid on a payment plan. Today's Order also contains a stipulated penalty provision for any missed deadlines.

12/29/09: MassDEP executed a Consent Order with Frost Associates, Inc. which extends the cleanup deadlines on Armory Street property in Worcester. Additional time was originally requested to achieve a permanent solution; therefore, MassDEP determined that a Consent Order was the appropriate mechanism to re-establish those new deadlines. Today's Order contains a stipulated penalty provision for any future violations of the newly established deadlines.

12/29/09: MassDEP entered into a Consent Order with Richard C. Goddard for Waste Site Cleanup violations at 51 Depot Street in Milford. Goddard is president of R&S Goddard, Inc., of Milford, and formerly known as Barney Coal Inc. On 9/4/07, MassDEP issued a Notice of Noncompliance to Goddard for failure to meet response action deadlines. In response to the NON, Goddard submitted a schedule to return to compliance. On 7/15/09, a phase two assessment report was submitted. On 9/29/09, Goddard submitted a request for a further extension of the schedule to return to compliance. Today's Order incorporates the requested schedule, and contains a stipulated penalty provision should there be any future violations of the newly established deadlines.

12/29/09: MassDEP executed a Consent Order with a $2,000 Penalty regarding All American Builders, Inc., for Waste Site Cleanup violations at its School Street property in Winchendon. MassDEP learned of a release of waste oil from drums stored at the property in May 1996. MassDEP issued a Notice of Responsibility to the operator of the property, George Mizher, d/b/a American Fuel Oil. Mizhir, thereafter, failed to conduct the required immediate and additional cleanup response actions relative to this release. MassDEP issued additional notification to the property owner, All American Builders, Inc. in August 2007, and issued another letter in January 2008, offering limited amnesty from enforcement if cleanup actions were taken by June 2008. All American Builders, Inc. did not meet this deadline, and on 1/8/09, MassDEP issued a Notice of Noncompliance to All American Builders, Inc., which then did not return to compliance in response to this notice. Under today's Order, All American Builders, Inc. has agreed to pay the Penalty and submit cleanup response statement by 12/31/09.

12/29/10: MassDEP executed a Consent Order with a $3,000 Penalty involving All American Builders, Inc. for Waste Site Cleanup violations at its School Street property in Winchendon. MassDEP learned of a release of waste oil from an aboveground storage tank at the property in February 1998, but the company subsequently failed to conduct the required immediate response actions. MassDEP issued a Notice of Noncompliance in January 1999. The company did not return to compliance and failed to submit permit application or final response action outcome statement for the release. MassDEP would then issue in January 2008 a letter offering limited amnesty from enforcement if actions were taken by June 2008. All American Builders, Inc. did not meet this deadline, and on 1/8/09, MassDEP issued a second Notice of Noncompliance to All American Builders, Inc. The Company did not return to compliance in response to that Notice. Under today's Order the company will pay the Penalty and will submit either a permit (tier classification) final response outcome by 12/31/10

12/29/09: MassDEP executed a Consent Order with a $23,792.50 Penalty with Baystate Home Guard, Inc. for Asbestos violations in Worcester. The company is a Springfield-based licensed asbestos contractor. MassDEP inspected the property in June 2009 and found the violations. Under the terms of the Order, the contractor has agreed to comply with all applicable regulations in the future. MassDEP has agreed to fully suspend the Penalty - pending one year of full compliance - after the company's satisfactory demonstration of a financial hardship condition.

12/29/09: MassDEP executed a Consent Order with a $4,171.74 Penalty involving Boutwell, Owens & Co., Inc. for Hazardous Waste Management and Industrial Wastewater violations at its Fitchburg location. The company generated waste oil in excess of the applicable volume limits for its registered status, it illegally transported the waste oil, it transferred custody of the waste oil to an unauthorized facility, and it failed to properly label waste oil containers. In addition, the company operated its industrial pretreatment system without a certified wastewater treatment plant operator, and discharged low pH industrial wastewater to the local sewer system. Today's Order requires the company to comply with all applicable regulations, pay the Penalty, and conduct a two-part Supplemental Environmental Project (SEP) valued at $11,828.26. Approximately $4,800 of the SEP will go towards the purchase of a laptop computer that will be installed in the City of Fitchburg's Fire Department's primary command vehicle. Another $7,000 of the SEP will be utilized to update the "Printers Environmental Workbook" which will then be supplemented with fact sheets on Generating Waste Oil and Wastewater Discharge. Those fact sheets will be sent to Massachusetts printers. In addition, training materials will be available via a Power Point presentation, an Outreach Training Session, and a web-seminar. This action will help this company and others better understand regulatory requirements while providing the City of Fitchburg Fire Department an important tool to better respond to hazardous waste/material emergencies.

12/23/09: MassDEP executed a Consent Order with s $10,717 Penalty with Electrochem Solutions Inc. for Air Quality violations at its Raynham facility. On 6/5/09, MassDEP inspected Electrochem's facility and noted violations relative to the failure of emission control equipment. In addition to the Penalty, Electrochem has agreed to correct the violations and to fully comply with all the regulations in the future.

12/23/09: MassDEP entered into a Consent Order with a $24,500 Penalty involving Riverview Apartments, LLC, for Asbestos violations in Springfield. MassDEP determined the violations involved the dismantling of an asbestos-covered boiler in the basement of a multi-unit residential building located in Springfield, without instituting the appropriate asbestos handling and disposal procedures. The site has now been remediated, and the company has demonstrated a financial inability to pay. MassDEP has suspended the Penalty pending full compliance with the terms of the Order.

12/22/10: MassDEP entered into a Consent Order with a $7,130 Penalty involving International Metal Corp. for Air Quality and Hazardous Waste Management violations in Stoughton. MassDEP conducted a multi-media inspection and found that the company was accepting waste that failed for lead. The company was also acting out of status (accepting more hazardous waste than it was registered to accept) as a large quantity generator of waste oil. In addition, there were violations related to tank management and recordkeeping. Today's Order ensures compliance with Hazardous Waste and Air Pollution Control requirements.

12/22/09: MassDEP issued a $30,000 Penalty Assessment Notice to the Holbrook Trust for Waste Site Cleanup violations at 424 North Franklin Street in Holbrook. The Holbrook Trust owns commercial property in Holbrook where chlorinated solvents have been detected in groundwater. The Holbrook Trust has failed to conduct response actions at the property to address this condition. The property owner has already failed to comply with a Notice of Noncompliance that MassDEP issued in 2009. Today's Order requires the Holbrook Trust to initiate response actions at the Site, and assesses a $30,000 Penalty Assessment Notice regarding the respondent's failure to respond.

12/21/09: MassDEP entered into a Consent Order with Gould Farm for Water Supply violations in Monterey which is a community public water system. MassDEP and the Farm have agreed to the steps needed going forward to address and correct the violations.

12/18/09: MassDEP entered into a Consent Order with a $5,000 Penalty involving Lewis Piantedosi for Wetlands violations at 21 Steeplechase Lane in Canton. MassDEP found that Piantedosi had altered approximately 4,824 square feet of Bordering Vegetated Wetland at 21 Steeplechase Lane in Canton. Today's Order requires Piantedosi file a wetland restoration plan with MassDEP within 60 days (2/16/10), and to complete the restoration work by 5/30/10. Piantedosi has agreed to pay $1,000 and MassDEP will suspend $4,000 full compliance with terms of the Order.

12/18/09: MassDEP entered into a Consent Order with South Hadley Fire District #2 for Water Supply violations in South Hadley. The District is a community public water system concerning repeated bacteria detections. MassDEP and the District have agreed to the steps needed going forward to address and correct the violations.

12/17/09: MassDEP entered into a Consent Order with a $16,000 Penalty involving Compass Restoration Services, LLC, for Asbestos violations in Easthampton. MassDEP during a complaint investigation determined that the company, which is located in Belchertown, performed the asbestos removal in a multi-unit residential building located in Easthampton. The complainant had reported that insulation and siding work were being performed without instituting the appropriate asbestos transite siding handling and disposal procedures. The company agreed to pay $6,800 and MassDEP has agreed to suspend $9,200 for one year provided that the terms of the Order are met, including development and implementation of a Standard Operating Procedure for its staff in dealing with asbestos during future insulation/renovation activities.

12/15/09: MassDEP entered into a Consent Order with a $500 Penalty involving David Gale for Waste Site Cleanup violations in Winchendon. Gale of Swanzey Center, New Hampshire, purchased a former car dealership located at 67 Central Street in Winchendon in June 1987, and subsequently submitted a report to MassDEP in October 1987. That report indicated the property was contaminated by a past release of oil. Gale was issued a Notice of Responsibility, reminder letters, and a Notice of Noncompliance, all informing him of the need to submit a permit and subsequent cleanup and final outcome documentation for the site. Gale did not respond to these notices. Gale has agreed to pay the Penalty, and to comply with a new deadline of 3/29/10 to submit a permit (tier classification submittal) or final response action outcome.

12/15/09: MassDEP entered into a Consent Order with a $1,600 Penalty involving J&G Foods, Inc., for Industrial Wastewater violations in Sutton. Following-up on a previously finalized Consent Order, MassDEP personnel discovered that the company again failed to operate its industrial wastewater pretreatment system utilizing a certified wastewater treatment plant operator. Today's Order requires the company to comply with all applicable regulations, it contains stipulated penalty provisions for any future noncompliance, and it requires the company to pay the full Penalty. This action ensures that this Company will properly pre-treat its industrial wastewater discharges in the future.

12/15/09: MassDEP entered into a Consent Order with a $27,000 Penalty involving Notre Dame High School of Fitchburg Inc., for Waste Site Cleanup violations in Fitchburg. The School failed to submit either a permit (tier classification) or final response action outcome statement relative to a release of fuel oil from a former underground storage tank. Today's Order establishes a schedule for the school to return to compliance. Since the School provided documentation of substantial financial difficulties, MassDEP agreed to suspend the entire penalty amount pending demonstration of compliance with the agreed-upon schedule for response actions.

12/15/09: MassDEP entered into a Consent Order with Quaker Highway Realty Trust for Waste Site Cleanup violations in Uxbridge. MassDEP was notified of a 72-Hour reporting condition at this site in 2002, requiring immediate response actions. MassDEP, thereafter, issued a Notice of Noncompliance to the Trust in 2003 for failure to mitigate a 'critical exposure pathway', and was issued other NONs in 2005 and 2006 for failure to submit response action status reports. The Trust subsequently submitted a completion statement to MassDEP on 9/22/09. In addition, MassDEP cited violations for failure to dispose of contaminated soil within 120-days of generation, and failure to submit a final response action outcome statement within five years of the site's classification. Today's Order establishes a deadline of 6/18/10 to submit a phase-four completion statement, and a deadline of 12/18/10 to submit the final response outcome statement. Under the terms of today's Order, the Trust will pay $6,645 of the Penalty, with an additional $4,000 suspended pending compliance with the terms.

12/15/09: MassDEP entered into a Consent Order with a $3,870 Penalty involving SVK LLC, for Waste Site Cleanup violations at its 22 South Street Property in Westborough. After a release of petroleum was discovered at the property in 1992, MassDEP listed the property as release site, meaning either a tier classification (permit) or final response action outcome statement was required to be submitted by 8/2/95 but was not submitted by the owner at that time. SVK LLC purchased the site in 2002. In 2003 and 2008, MassDEP issued correspondence to SVK LLC advising it of the requirement to either tier classify the site, or demonstrate cleanup actions were complete. In January 2009, MassDEP issued SVK LLC a Notice of Noncompliance for this violation. SVK did not return to compliance in response, but SVK LLC subsequently submitted a final response action outcome 10/23/09. Under the terms of today's Order, SVK LLC will pay an $870 with the remaining $3,000 suspended provided that no further violations occur for one year.

12/15/09: MassDEP issued a $23,750 Penalty Assessment Notice to FG Roofing and Siding Construction, Inc., for Asbestos violations in Mendon. The company is a Milford-based roofing contractor that was working at Franklin Office Park Realty Corporation facility in Mendon. Asbestos transite shingles were located beneath an over-lay of asphalt roofing shingles, all of which were removed and loaded into a roll-off dumpster for subsequent disposal. Advance notification had not been provided to MassDEP, and the necessary work practices involving handling, packaging and disposal had not been properly followed.

12/15/09: MassDEP issued an $18,225 Penalty Assessment Notice to Franklin Office Park Realty Corporation for Asbestos violations in Mendon. MassDEP observed during a November 2008 inspection of an asbestos removal project conducted at its property located at 21 Hasting Street in Mendon. The Corporation arranged for the removal, and attempted improper disposal of asbestos transite roofing shingles. A roll-off container filled with uncontained asbestos waste was sent from the property to a C&D Recycling facility in Taunton before being rejected and returned to the original site of generation. The Franklin Office Park Realty Corporation was subsequently required to retain a licensed asbestos contractor to properly handle, package and dispose of the asbestos waste.

12/15/09: MassDEP executed a Consent Order with a $1,000 Penalty involving Thomas Karagiorgo for Waste Site Cleanup violations at 85 High Street in Lawrence. MassDEP found that Thomas Karagiorgo, the owner and/or operator of the property, failed to meet deadlines set out in a Notice of Noncompliance by MassDEP on 9/30/08. The respondent has now submitted the required documentation relative to the cleanup of this site.

12/14/09: MassDEP entered into a Consent Order with the Warren Water District for Water Supply violations in Warren. Under the terms of today's Order, the owner of Team Hoyt's Finish Line Restaurant will take steps to address repeated violations of the total coliform rule. Today's Order also contains requirements should an additional exceedance of total coliform during 2010.

12/14/09: MassDEP entered into a Consent Order with a $5,175 Penalty involving the city of Chicopee for Water Quality violations in Chicopee. MassDEP determined the violations following a dry weather overflow of approximately 120,000 gallons at a pump station in the municipal sanitary sewer system. The discharge was the result of operator error which also revealed a glitch in the city's monitoring and control system. Today's Order provides for a full suspension of the Penalty provided changes to procedures in checking pump stations and upgrades are made to the city's monitoring and control system.

12/14/09: MassDEP entered into a Consent Order with a $7,560 Penalty involving Whole Foods Market Group, Inc., for Air Quality violations at 300 Middlesex Avenue in Medford. Whole Food's Bake House located at 300 Middlesex Avenue in Medford. MassDEP determined that the bake house had installed, and later operated, a commercial baking operation with potential volatile organic compounds emissions of one or more tons per year. The facility acted prior to having received the required permit (approval) from MassDEP's to do so. The facility has agreed to submit the appropriate Air Quality application, and to register this facility with, MassDEP. In addition to the Penalty, the facility has agreed to perform a Supplemental Environmental Project (SEP) worth $14,334. Under this SEP, Whole Foods will purchase reusable, renewable energy teaching kits and supplies keyed to the assembly and operation of small wind turbines at the McGlynn School and Andrews Middle School technology labs. These kits and supplies will be used in Medford's renewable energy curriculum. Completion of the purchase of these kits will dovetail nicely with the active, renewable energy park located directly adjacent to the two schools. The wind turbine at the renewable energy park is easily visible to the east of Interstate Route 93 in Medford.

12/14/09: MassDEP entered into a Consent Order with a $16,050 Penalty involving A.S.T.I. Inc., for Asbestos violations in Waltham. MassDEP personnel responded to a complaint of improper asbestos removal from the owner of a home in Winchester and found that ASTI had improperly-removed asbestos containing vinyl asbestos tiles (VAT). The VAT was taken up during the removal of an older floor material which covered the VAT in the basement of the occupied home. As a result of the violations observed by MassDEP, ASTI has agreed to pay $500, while MassDEP has agreed to suspend $15,550 for the period of one year. In addition, ASTI shall train its full-time flooring estimators to an "Asbestos-Associated Project Worker" level in accordance with regulations. MassDEP utilized its small business policy in reaching this settlement agreement.

12/14/09: MassDEP entered into a Consent Order with Consent Order with a $1,000 Penalty involving 167-173 Walnut Street in Boston (Dorchester). The owners of this property, the Trustees of the Condominium Board of the Estuary at Port Norfolk Condominiums, had appealed a previously-issued Notice of Noncompliance issued by MassDEP on 1/18/05. Specifically, the Trust failed to comply with Massachusetts General Laws, Chapter 91 license requirements and its failure to construct public benefits including a public pedestrian access walkway with signage, public handicap parking, and a public viewing platform. The Trust appealed the Penalty resulting in a Final Administrative decision issued by the Commissioner in 2007, which they then appealed to Suffolk Superior Court. MassDEP referred the case to the Attorney General's Office. Today's Order settles this Superior Court case and requires Port Norfolk to pay a penalty of $500 within 30 days of and $500 is suspended. Port Norfolk also has to comply with the license, the terms of today's Order and construct public benefits, including a public pedestrian access walkway, signage, public handicap parking, and a public viewing platform.

12/11/09: MassDEP entered into a Consent Order with a $7,000 Penalty involving North Star Management, Inc. for Air Quality violations at 27 Drydock Avenue in Boston. The company is a property management services company. MassDEP observed the violations during an 8/13/08 inspection that a 400 KW emergency diesel generator located on a lower floor within a multi-story, mixed use, multi-tenant building. The generator emissions exited through the wall of the building to a relatively short vertical stack that ended well below the roof line of the building, and below operable windows above. Through lower level enforcement, tenants on either side of North Star Management extended two emergency generator exhaust stacks to above the roof line. North Star Management, Inc. however did not respond to a Notice of Noncompliance citing the stack violation, despite receiving several extensions of time to do so. Under today's Order, North Star Management, Inc. has agreed to run the generator only during emergencies and will either install an appropriate exhaust stack for the existing generator, relocate that generator, or purchase and install a new generator by no later than 5/15/10. Today's Order also includes a $7,000 Penalty that will be fully suspended provided that North Star Management, Inc. complies with all provisions of the Order.

12/8/09: MassDEP executed a Consent Order with a $19,837.50 Penalty involving Linde North America, Inc., for Waste Site Cleanup violations at 643 Huntington Avenue in Boston. Linde of Murray Hill, New Jersey supplies and transports compressed gasses and cryogenic liquids and also services the storage installations for these materials. Linde failed to notify MassDEP in a timely manner of a sudden release of 1200 gallons of liquefied nitrogen that occurred when Linde overfilled an above ground storage tank system located at the Harvard School of Public Health. Liquefied nitrogen is a cryogenic liquid that rapidly boils and expands as a gas when released in normal atmospheric conditions. When released, the rapidly expanding nitrogen gas may displace oxygen, creating an oxygen deficient atmosphere that is potentially fatal. Direct contact with liquefied nitrogen may cause frostbite or freeze burns in exposed tissues. As a result of being overfilled, the Liquefied Nitrogen storage system leaked in several locations including the exterior atmosphere in an alley located between several occupied structures in the vicinity of the storage tank system as well as within a sample storage area within the Harvard School of Public Health. Linde also failed to conduct necessary immediate response actions expeditiously following the release of liquefied nitrogen. In addition, Linde failed to respond to a request for information issued by MassDEP within the established timeframe. Linde has agreed to develop and distribute an oil-and-hazardous materials release reporting plan for its Massachusetts operations. The company will pay $ 10,000 within thirty days and MassDEP has agreed to suspend the balance pending compliance over two years.

12/8/09: MassDEP issued two (2) Unilateral Orders to the Option Institute and Fellowship in Sheffield for Water Supply violations. MassDEP issued two orders to this public water system: first a Declaration of Water Emergency, allowing its use of alternate water (bottled, trucked); and, secondly, a Do Not Use for Drinking and Culinary Purposes Order. The latter is due to the unauthorized use of trucked water being added to the system during this emergency. MassDEP will follow up and take additional actions, as needed regarding the response of the public water system to this water supply emergency.

12/8/09: MassDEP executed a Consent Order with Norumbega/Oaktree, LLC for Waste Site Cleanup violations at 74 Rumford Avenue in Waltham. MassDEP determined that Norumbega/Oaktreee failed to submit a phase four remedy implementation plan and final response action outcome statement as required. Today's Order requires a phase four remedy implementation plan by 5/12/1. A final response action outcome statement is due by no later than 5/12/11. Finally, there is a stipulated penalty provision for any missed deadlines.

12/8/09: MassDEP entered into a Consent Order with a $1,450 Penalty involving New England Disposal Technologies, Inc., for Industrial Wastewater and Hazardous Waste Management violations in Sutton. The company is a licensed Hazardous Waste transporter that violated Hazardous Waste Management Regulations by holding hazardous waste in one of its vehicles for longer than the allowable five-day limit. In addition, the company failed to record hazardous waste container inspections; it failed to retain hazardous waste inspection logs; and, it failed to file a compliance certification for its industrial wastewater discharges. Under today's Order, the company will maintain compliance with all applicable regulations, pay a $1,450 Penalty, and perform a Supplemental Environmental Project valued at $3,850. Under the SEP the company will prepare and for air a public service announcement on a local radio station that will inform vehicles operators who to contact in the event of a fuel spill. This action will help ensure hazardous waste is properly transported.

12/8/09: MassDEP entered into a Consent Order with a $12,880 Penalty involving Symmons Industries, Inc. for Hazardous Waste Management violations at its facility in Braintree. MassDEP conducted a multi-media inspection and determined that the company was reducing the volume of hazardous wastewater treatment facility sludge from its plating operations by manually transferring the sludge to an oven, a form of treatment without a license, and was also acting out of status as a large quantity generator. In addition, there were violations related to container and manifest management and emergency posting requirements. In addition to the Penalty, the company has agreed to take the necessary steps to return to compliance.

12/7/09: MassDEP entered into a Consent Order with Mystic Landing, LLC, for Waste Site Cleanup violations at Alford Street in Everett. On 6/26/09, MassDEP issued a Notice of Noncompliance to Mystic Landing, LLC for failure to submit a phase three report for the site within two years of tier classification as required. Secondly, a phase four report for the site within three years of tier classification is required. A final response action outcome statement for the site is due within five years or a tier two extension. In response to the NON, Mystic Landing submitted a tier two extension to MassDEP proposing the sale of the site and a new five year schedule to return the site to compliance. On 10/16/09, Mystic Landing sold the property. Today's Order requires the payment of a $9,000 penalty for the violations.

12/7/09: MassDEP entered into a Consent Order with $4,350 Penalty involving Foley Recycling for Solid Waste violations in Seekonk. Specifically, the company stored full and partially full roll-off containers at a site that was not permitted as a solid waste facility. In addition to the Penalty, Foley Recycling has agreed to comply with the regulations going forward.

12/4/09: MassDEP executed a Consent Order with Dale Dennison, as trustee of Springwood Realty Trust, for Waste Site Cleanup violations at 108 Spring Street in Everett. The property was formerly owned by W.A. Wood Company and today's Order is for failure to meet a submittal deadline as established in an earlier Notice of Noncompliance issued by MassDEP on 4/27/09. Today's Order now establishes new deadlines for revised phase cleanup report submittals, and a final response outcome statement. Today's Order contains a stipulated penalty provision for missed deadlines.

12/4/09: MassDEP executed a Consent Order with the General Services Administration for Waste Site Cleanup violations at 12 Northern Avenue in Boston. The property was re-developed as the Moakley Federal Courthouse. Today's Order is for failure to meet a submittal deadline set out in a notice of noncompliance issued on 7/20/09. Today's Order establishes deadlines for submitting a permit (tier classification) and phased cleanup reports (from assessment to remediation) with a final response action outcome. Today's Order contains a stipulated penalty provision for any missed deadlines.

12/1/09: MassDEP entered into a Consent Order with an $82,187.50 involving the city of Gloucester for Water Supply violations at 9 Dale Avenue in Gloucester. Today's Order was issued for violations of Massachusetts Drinking Water regulations that led to a 20-day boil-water order last summer. MassDEP has agreed to suspend $67,187.50 of the penalty if the city complies with the terms of the order, but portions of this penalty will become payable should the city fail to meet the compliance deadlines outlined in the order. MassDEP outlined operational and oversight issues that contributed to the water supply system failures and requires that the city upgrade the Babson Water Treatment Plant and perform other system improvements. A portion of the penalty is suspended pending completion of those upgrades. MassDEP found a number of critical treatment processes had either been out-of-service or not operating properly. The city also exercised lax oversight of its private water system operator in the daily operations and maintenance procedures at the treatment plant. City officials also failed to recognize the severity of the bacteria problem despite sampling data indicating that over 25 percent of the bacteria samples collected from mid-August 2009, exceeded the coliform bacteria standards. MassDEP's enforcement action requires approximately $8 million in upgrades to the Babson treatment facility to be completed before the facility is brought back into use.

November 2009

11/25/09: MassDEP entered into a Consent Order with a $13,220 Penalty involving Cyn Environmental Services for Hazardous Waste Management violations at its Stoughton facility. MassDEP inspected the Washington Street facility and found that the company had failed to address facility maintenance/improvements necessary to comply with their license requirements in addition to minor hazardous waste violations, including labeling, open and damaged containers and emergency planning. Today's Order ensures the company will take the necessary steps to bring the facility fully into compliance with all Hazardous Waste Management requirements.

11/23/09: MassDEP entered into a Consent Order with a $13,700 Penalty involving John Butler for Asbestos violations at a residence on Mendon Road in North Attleboro. MassDEP and the state's Division of Occupational Services inspected the property and found Butler was removing asbestos containing materials (ACM) from his residential property without filing the proper notifications to MassDEP and for not using the required asbestos work practices, including g failure to seal the work area, failure to properly remove and containerize the materials in leak-tight containers. MassDEP has agreed to fully suspend the Penalty provided Butler does not violate any provision of the Consent Order, or further violate any of the regulations cited in the order within one year of the effective date of the Order.

11/19/09: MassDEP entered into a Consent Order with a $4,000 Penalty involving Energy Thorndike, Inc. for Waste Site Cleanup violations at its former property, the Diamond Cascade Mill located in Palmer. MassDEP found that Energy Thorndike failed to undertake and document the completion of cleanup response actions and comply with previously sent notices of noncompliance. The cleanup involves the release and cleanup of soils contaminated with heavy fuel oil and oil constituents at this former manufacturing mill located in Palmer. Violations identified by MassDEP included the failure to submit status reports and failure to maintain remedial systems. Under today's Order, Energy Thorndike has agreed to complete response actions and submit a response action outcome statement within 300 days of the effective date of the Consent Order. Today's Order also includes stipulated penalties in the event the company fails to meet the requirements.

11/18/09: MassDEP entered into a Consent Order with Lanesborough Fire and Water District for Water Supply violations. The Board of Water Commissioners has agreed to address the total coliform detections within the distribution system. The Order requires the commissioners to submit a tank inspection report and other actions to address the problems.

11/17/09: MassDEP entered into a Consent Order with a $13,000 Penalty involving Polar Corp., for Water Pollution Control, Hazardous Waste Management, Toxics Use Reduction and Air Pollution Control violations in Worcester. The company failed to apply for and obtain a sewer connection permit; it operated its wastewater pretreatment system without certified wastewater treatment plant operators; it discharged vehicle wash water to a storm water catch basin without having a National Pollutant Discharge Elimination System permit; it accumulated waste oil in excess of its registered status, and, it failed to comply with numerous other requirements. Under the terms of today's Order, the company agreed to comply with applicable requirements and pay the entire Penalty. This action helps ensures compliance with all environmental requirements.

11/17/09: MassDEP issued a $54,937.50 Penalty Assessment Notice to Earthworks Site Development & Utilities, Inc for Asbestos violations in Worcester. The company, which is located in Grafton, was cited for violations of the Asbestos Regulations during a November 2007 MassDEP inspection of a demolition project where the company was conducting work on Main Street in Worcester. The company demolished a commercial structure in downtown Worcester that contained friable asbestos insulation. MassDEP halted the demolition work, and required the property owner to retain the services of a licensed asbestos-abatement contractor to properly clean up and dispose of all of the asbestos waste and asbestos-contaminated debris. Today's Penalty was issued as a result of the company's failure to supply financial information in support of its "financial inability" claim. Numerous attempts by MassDEP to reach a negotiated settlement through the issuance of an Administrative Consent Order with Penalty have not been met.

11/16/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving National Metal Finishing Company for Industrial Wastewater and Hazardous Waste Management violations at its Springfield facility at 175 Progress Avenue. An inspection by MassDEP found the facility was discharging industrial wastewater to the Springfield publicly-owned treatment works without obtaining a permit. In addition, MassDEP found various hazardous waste housekeeping (maintenance) and labeling violations. National Metal Finishing Company, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the violations were detected. National Metal Finishing Company has agreed to pay $3,750 of the Penalty, with the remaining $2,000 suspended pending the company's compliance with terms of the Order.

11/13/09: MassDEP entered into a Consent Order with a $14,000 Penalty involving Home Instead Senior Care (HISC) for Waste Site Cleanup violations in East Bridgewater. HISC is the owner of a commercial property located at 604 Bedford Street in East Bridgewater where an oil release from a former Underground Storage Tank (UST) occurred. On 8/20/08, 8, MassDEP issued HISC a Notice of Noncompliance (NON) for failing to complete response actions at this site in a timely manner. HISC did not comply with that NON. Today's Order requires submittal of cleanup response actions within 60 days and full payment of the Penalty.

11/13/09: MassDEP entered into a Consent Order with a $2,500 Penalty involving the Milford Water Company to address Water Supply violations. The company will take significant steps to improve the operation and maintenance of its public water system, which serves the residents of Milford. MassDEP identified necessary corrective actions following the issuance of a Boil Water Order in August 2009. The boil water order was issued by MassDEP after bacteria contamination was detected. The boil water order remained in effect for 14 days. Today's Order requires the company to replace or repair the Congress Street tank and include a mixing system in the tank. The company will also complete an evaluation of the water distribution system, submit an updated distribution system map, and submit a Master Plan and Capital Improvement Plan for the system. The company will also design and construct a new facility or a modified treatment plan for the Dilla Street Treatment Facility. Under the terms of today's Order, the company will take these corrective actions, pay the Penalty, and perform a Supplemental Environmental Project (SEP) valued at $37,500. Through today's Order, and under the SEP, the Company will work with representatives of the Town of Milford to enhance the town's emergency notification system, including the town's reverse-911 system. In addition, the company will develop and implement an Environmental Management System valued at $10,000. This action will result in the protection of approximately 27,100 persons served by this system.

11/12/09: MassDEP entered into a Consent Order with a $5,120 Penalty involving the town of Royalston for Water Supply violations. The town is required to submit missing reports, develop a preventative maintenance plan, submit plans for the modification of its chlorination system, and develop an Infiltration and Inflow (I/I) control plan and to properly staff the plant. The entire Penalty will be suspended provided the town complies with the requirements of the Order.

11/12/09: MassDEP entered into a Consent Order with a $34,314 Penalty involving Southbridge Recycling and Disposal Park, Inc. for Solid Waste violations in Southbridge. The Southbridge Recycling and Disposal Park, Inc. violated waste ban violations that were observed in late December of 2007. SRDP operates a Construction and Demolition (C&D) waste processing facility on Barefoot Road in Southbridge, and it also operates the town of Southbridge's landfill located adjacent to the processing facility. On two separate occasions in December of 2007, MassDEP personnel observed the disposal of unprocessed wood waste into the landfill. These occurrences represented violations of both the facility's existing permit and its approved "waste ban compliance plan." Under the terms of today's Order, SRDP agreed to cease and desist from arranging for the disposal of banned or restricted wastes generated at the processing facility, it agreed to comply with all existing permits and approvals, it will provide a detailed description of the procedures to be implemented to assure compliance in the future, and it will provide a detailed description of its weighing and record-keeping systems employed on site. In addition, SRDP will pay the full Penalty and has agreed to a $1,000 per day stipulated penalty provision for any future violations.

11/12/09: MassDEP entered into a Consent Order with Concord Oil Company for Waste Site Cleanup violations at 47 Lowell Road in Concord. The company failed to submit final cleanup report, a Response Action Outcome or Remedy Operation Status. Today's Order requires that the Concord Oil Company submit an RAO Statement or ROS submittal, which meets the requirements of 310 CMR 40.0893, by 9/22/10.

11/12/09: MassDEP entered into a Consent Order with a $12,500 Penalty involving Mark Coppola as Trustee of World 115 Nominee Trust for Waste Site Cleanup violations at 515 Somerville Avenue in Somerville. Specifically, the Trust failed to report a release of oil to MassDEP immediately - and within two hours - as required. The Trust failed to report an additional threat of release of oil as soon as possible, and within two hours, as required. The Trust has agreed to pay $4,000 of the Penalty in installments over the course of one year, with an additional suspended penalty of $7,500. However, there are daily stipulated penalties if it violates any provision of today's Order or further violates any of the same regulations within one year.

11/10/09: MassDEP entered into a Consent Order with a $500 Penalty involving Richard Lavigne for Waste Site Cleanup violations in Winchendon. Lavigne purchased this former car dealership at 67 Central Street in Winchendon in 1988, a year after oil contamination was discovered at the site. Although MassDEP's correspondence prior to 2007 was directed to the prior owner, and not Mr. Lavigne, after August 2007, Lavigne, was issued letters from MassDEP, including a Notice of Responsibility, a Compliance Initiative letter, and an offer of a limited amnesty from enforcement if he returned to compliance by July 2008. MassDEP also issued a Notice of Noncompliance to Lavigne. MassDEP's letters have all indicated the need to file a tier classification submittal to complete the cleanup or a response action outcome demonstrating that no further action is necessary relative to the oil release. Lavigne did not return to compliance in response to any of those notices. In addition to the Penalty, today's Consent Order now establishes a deadline of 3/29/10 for Lavigne to submit one of the two alternatives described.

11/10/09: MassDEP entered into a Consent Order with a $2,000 Penalty involving Madden Estates, LLP for Water Supply violations in West Brookfield. Madden Estates located on Wickaboag Road in West Brookfield has agreed to obtain a certified operator for the small community public water system that serves this residential facility. Madden Estates, LLP has also agreed to obtain the necessary permits to install a system for the permanent disinfection of the water source, and submit a corrective action plan to address either the construction of a new well, or rehabilitation of the existing wells to comply with the drinking water regulations. Finally, Madden Estates, LLP agreed not to expand its operations without first having received MassDEP approval. This action will result in protection of source water for this public water system.

11/10/09: MassDEP entered into a Consent Order with a $3,500 Penalty involving Roy Muldoon, Jr. for Waste Site Cleanup violations in Sutton. Muldoon, d/b/a R & R Enterprises of Seekonk, owns/operates a truck that was involved in an accident resulting in a diesel fuel spill on Route 146 in Sutton in 1998. Muldoon believed his insurance company had addressed the cleanup requirements. However the insurance company had not completed the cleanup requirements (a/k/a Response Action Outcome). Muldoon did not respond to reminder letters, or to a Notice of Noncompliance issued by MassDEP on 1/8/09. MassDEP then issued a Notice of Enforcement Conference. Muldoon's insurance company re-opened the claim, and submitted the final documentation on his behalf on 8/7/09. Under today's Order Muldoon has agreed to the Penalty.

11/10/09: MassDEP entered into a Consent Order with a $5,172.50 Penalty with Western Express, Inc. of Nashville, Tennessee, for violations following a 12/22/08 release of diesel fuel at the Pilot Travel Center located at 400 Haynes Street in Sturbridge. The driver of a tractor-trailer owned and operated by Western pulled into the Pilot Travel Center at approximately 11:00 p.m. to refuel, and subsequently noticed a release of diesel fuel beneath the tractor-trailer. The cause of the release was determined to be a leaking fuel cross-over line. An estimated 40 to 60 gallons of diesel fuel was released to pavement, snow and ice, and to a nearby catch basin which connects to an oil/water separator. MassDEP was not notified until 4:19 a.m. on 12/23/09 by TMC Services, Inc., which was called and brought to the site to perform response actions. MassDEP issued a written request for information to Western, but Western failed to reply. Under the terms of today's Order, Western must review its spill contingency plan and revise as necessary. Western also agreed to pay $4,000 of the Penalty for failing to notify MassDEP of a sudden release of diesel fuel within two hours, and for its failure to respond to MassDEP's request for information. The additional Penalty of $1,172.50 was suspended provided Western does not violate the terms of the Consent Order or any provisions of the MCP within one year.

11/10/09: MassDEP entered into an Amended Consent Order with a $2,000 Penalty with the city of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. As owners of the property, the city has agreed to cleanup requirements and MassDEP and the city have agreed to an extended timeline for a phase four remedy implementation plan. In addition, the city agreed to submit a final response action outcome statement to complete the cleanup of the site. This site has been in MassDEP's release notification system since 1991. The property was a former trucking site. Today's enforcement action will lead to the final cleanup of gasoline-contaminated groundwater and soil at the site and construction of a park.

11/9/09: MassDEP entered into a Consent Order with Wales Brookside Village (WBV) for Water Pollution Control violations in Wales. WBV is a 64-unit mobile home park with wastewater design flow of 9,600 gallons per day that serves numerous on-site septic systems. WBV is low income /affordable housing under subject to rent control regulations. The requirements of today's Order includes: First, an upgrade to the two areas where the septic systems have already been identified as failed by June 2010 and October 2011. Secondly, inspection of all on-site septic systems by Nov 2010, and, the submittal of design plans for upgrade of any other failed system(s) identified in Nov 2010 inspections by no later than May 2011.

11/9/09: MassDEP entered into a Consent Order with the town of Pembroke for Solid Waste violations at the landfill in Pembroke. Under today's Order, the town agreed to a compliance schedule for the completion of the assessment, closure & capping of their 18-acre unlined inactive landfill area located off Hobomock Street in Pembroke. Today's Order is the second part of a two-part compliance plan for the site that began approximately four (4) years ago. The first compliance order required the town to pursue and obtain all necessary permits to relocate the unauthorized solid waste management activities to other areas of the site-assigned site, as well as to initiate environmental site assessment activities at the unlined landfill area in order to ascertain both environmental impacts and to determine levels of public-use safety. The activities required by the first compliance order have now been completed. This second order establishes the schedule for the final activities necessary to complete the landfill's closure with capping to be completed by 12/1/11. A closure certification report is also to be submitted 90-days after completion o the closure/capping actions.

11/9/09: MassDEP entered into a Consent Order with a $4,800 Penalty involving Bendrix Bailey for Wetlands (Waterways) violations at 34 Garrish Road in Rochester. The violations involved the construction of a 37 linear feet of dock over Snipatuit Pond and alteration of approximately 25 square feet of "land-under-water". In addition, MassDEP determined that the existing flume, pump and stone dike along Snipatuit Pond are pre-existing conditions associated with an agricultural use (cranberry bog) and are considered normal maintenance and improvement, as noted in the regulations. MassDEP also determined that a change in commodity from cranberry bog to hay field has occurred, but did not increase or enlarge drainage ditches or place fill in a bordering vegetated wetlands, and therefore, complies with the regulations.

11/6/09: MassDEP entered into a Consent Order with Harborside Village Coop Corporation for Water Supply violations in Wellfleet. The Corporation, Harborside, failed to submit a treatment recommendation after it exceeded the lead and copper action levels. Harborside has agreed to immediately begin a public education program and to either install a treatment system or become connected to the Wellfleet Public Water Supply to ensure water supply compliance.

11/5/09: MassDEP executed a Consent Order with a $10,000 Penalty involving CPF, Inc. for Industrial Wastewater, Hazardous Waste Management violations in Ayer. During a routine inspection conducted in June, MassDEP personnel determined that the company failed to obtain a MassDEP-issued sewer connection permit and operated its wastewater pretreatment system without having a licensed wastewater treatment plant operator. In addition the company failed to comply with numerous hazardous waste container management requirements. The Company manufactures soft drinks, and bottles those drinks as well as water. The violations were subsequently corrected. Today's Order requires the company to maintain compliance with all requirements, and pay the full Penalty. This action will help ensure that industrial wastewater and hazardous waste will be managed according to applicable regulations.

11/5/09: MassDEP entered into a Consent Order with a $2,240 Penalty involving Pierce Aluminum Company, Inc for Hazardous Waste Management violations in Franklin. The Company had generated and accumulated waste oil in excess of its registered hazardous waste status. In addition, the company failed to comply with other hazardous waste container management requirements. Today's Order requires the company to comply with applicable regulations and pay the full Penalty. This enforcement action will help ensure that waste oil is properly managed.

11/5/09: MassDEP issued a $258 Penalty Assessment Notice to Dustin Bernier for Solid Waste violations in Goshen. MassDEP found Bernier was conducting an unpermitted burn of solid waste at his Goshen residence. The Goshen Fire Department extinguished the fire and provided written and photographic evidence of the violation.

11/3/09: MassDEP entered into a Consent Order with a $6,000 Penalty involving Amerigas Eagle Propane, LP for Waste Site Cleanup violations in Southwick and Agawam. The company failed to immediately notify MassDEP of two sudden releases of propane that occurred in 2008. On 9/1/08, Amerigas self-reported a release of 400 gallons of propane that had occurred at a Southwick farm on 7/31/08. Also, on 10/30/08, MassDEP became aware that a release of an unknown amount of propane had occurred from an Amerigas tanker in Agawam on 10/29/08. In both cases, notification of the releases should have been provided as soon as possible but in no case greater than two hours after Amerigas had knowledge of the releases. Amerigas agreed to pay $6,000 and complete a Supplemental Environmental Project to resolve the violations. Amerigas will implement a Supplemental Environmental Project (SEP) that is intended to address the possibility of future small releases of propane during transfer operations at its facilities and delivery locations. Under this SEP, the company will upgrade valve transfer equipment on 10 plant filling risers at its facilities and 23 delivery trucks. Amerigas estimates that - over each year - it will eliminate the release of 1,100 gallons of propane, a greenhouse gas. Recovered propane can then be used for its intended purpose instead of being lost. The total value of this SEP is $16,975.

October 2009

10/30/09: MassDEP entered into a Consent Order with a $1,150 Penalty involving Hardwick Vineyard and Winery for Drinking Water violations in Hardwick. MassDEP determined the owners failed to meet operator, cross-connection, monitoring and reporting requirements of the Drinking Water regulations. MassDEP agreed to suspend the entire Penalty pending the Vineyard's compliance and that no further violations occur.

10/30/09: MassDEP issued a Unilateral Order to the town of Scituate for Wetlands and Chapter 91 violations at Tide Gate at Musquashicut Brook on Hatherly Road in Scituate. The DPW Director was issued the Order for the draining of Musquashicut Pond, alteration of Bordering Vegetated Wetlands and alteration of Land Under Water without a valid Order of Conditions and a Chapter 91 license. MassDEP is requiring the responsible party to submit the proper documents that regulated the construction, maintenance and operation of the structure or file an after-the-fact Notice of Intent and application for a Chapter 91 License for the tide gate.

10/28/09: MassDEP has entered into a Consent Order with Monson Water & Sewer Department for Water Supply violations in Monson. Monson has agreed to address the public water system's repeated violations (December 2008 and September 2009) of the total coliform rule. Today's Order includes a requirement to disinfect the system should a violation occur within the next twelve months.

10/28/09: MassDEP entered into a Consent Order with a $23,000 Penalty regarding Commercial Sheet Metal Co., Inc., for Hazardous Waste Management, Air Quality and Industrial Wastewater violations in Canton. The company operates a job shop for fabrication of metal products. In response to a complaint, MassDEP investigated and determined numerous hazardous waste violations, including treatment/disposal of hazardous waste (through evaporation) without a license; a deficient - or lack - of determinations on its hazardous wastes; accumulating more hazardous waste than allowed by their generator status; and, failure to comply with other hazardous waste management requirements. Additional violations included noncompliance with volatile organic compounds (VOC) involving its painting operation and industrial wastewater management requirements. Also, noncompliance with certain provisions of the facility's (Air Quality) plan approval for miscellaneous metal parts coating and deficiencies in the recordkeeping for VOCs and other pollutants. In settlement, the company agreed to pay the full Penalty, develop a facility-wide Waste Management Plan, bring the painting operation into full compliance, determine facility-wide air emissions, and to comply with all other requirements.

10/27/09: MassDEP issued a Unilateral Order to the town of Scituate for Wetlands violations at Town Way Extension in Scituate. The DPW Director was issued the Order for the un-permitted destruction of vegetation, excavation, grading and placement of fill for the construction of a gravel road on a barrier beach (Peggotty Beach) and coastal dune. The Department is requiring the responsible party to cease and desist from further activity affecting the resource area.

10/27/09: MassDEP executed a Consent Order with a $35,000 Penalty regarding AmeriCold Logistics, Inc. for Hazardous Waste Management and Surface Water Discharge violations at four of its facilities located in Gloucester (3) and Boston (1). MassDEP (the Environmental Strike Force) inspectors determined that the cold storage facilities had several similar hazardous waste storage and labeling violations, surface water discharge violations, and issues with accidental releases of anhydrous ammonia. In addition to paying the $35,000 Penalty, AmeriCold has agreed to perform mechanical integrity inspections of its refrigeration systems at its facilities and to undertake repairs if necessary. The company will also cease any unpermitted discharges to Gloucester Harbor, and to comply with the hazardous waste storage and labeling regulations.

10/26/09: MassDEP issued a $27,100 Penalty Assessment Notice to Shawn Savage d/b/a Unit Construction Co., for Asbestos violations in Groveland and Haverhill. MassDEP discovered the violations during a complaint investigation involving the company on Magna Vista Drive Haverhill. Subsequent investigation revealed that company had demolished a structure in West Newbury that was covered with asbestos containing shingles. The asbestos containing shingles were removed from the structure and brought to the Haverhill site for disposal. Unit subsequently dug the shingles up in Haverhill and moved them to a site in Groveland in plastic bags. An asbestos abatement contractor was utilized to clean up both sites and properly dispose of the waste. Unit has thus far declined to enter into a Consent Order to settle the case. Unit was assessed today's Penalty for the violations observed by MassDEP.

10/24/09: MassDEP entered into a Consent Order with a $25,140 Penalty involving Alfred L. Dowell, Jr. for Solid Waste and Wetlands violations in Oxford. MassDEP determined that Dowell, Jr. (of Charlton) had undertaken to illegally dispose of solid waste debris within the Buffer Zone of a wetland located on property that he owns on Oxbow Road in North Oxford. Today's Order requires a number of corrective actions, and establishes legally enforceable timelines for the removal of the solid waste materials and restoration of the impacted wetland resource area. Under the terms of today's Order, Dowell is required to pay $18,000, while an additional $7,140 is suspended pending the restoration work and full compliance with all terms of today's Order, and that no additional violations occur for a one-year period.

10/24/09: MassDEP entered into a Consent Order with a $2,010 Penalty regarding Russell Mackowiak for Water Supply violations in Dudley, Today's Order establishes an enforceable schedule for the development of an approved Transient Non-Community (TNC) public water supply system at Mackowiak's restaurant, Macks Place, which is located at 398 West Main Street in Dudley. Today's Order requires that Mackowiak operate the on-site well in accordance with the requirements for a TNC Public Water System (PWS), which includes hiring a certified operator, carrying out a monitoring program, metering water use, complying with cross-connection control requirements, and recording the PWS on its deed. Through today's Order, the owner agreed not to expand the facility with the existing water supply source without prior approval from MassDEP. MassDEP has agreed to fully suspend the Penalty, pending compliance with the terms of the Order. Today's action will ensure that the customers served will continue to receive water that is safe and fit to drink.

10/24/09: MassDEP entered into a Consent Order with a $54,937.50 Penalty involving Thien Phan for Asbestos violations in Worcester. MassDEP discovered the violations during a March 2009 inspection of property located on Camp Street in Worcester. Under the terms of today's Order, Phan is required to fund the printing of 1,000 color copies of a Vietnamese-language version of the public outreach brochure titled "Asbestos, a Guide to Pre-demolition and Pre-renovation Requirements & Notifications for Homeowners and Contractors." Phan will provide 500 copies to the City of Worcester's Health and Building Departments and the other 500 copies to Our Lady of Villa Church in Worcester for distribution to its largely Vietnamese congregation. Under the terms of the Order, the Penalty will be fully suspended after Phan successfully documented the existence of financial hardship conditions. MassDEP staff familiar with the Vietnamese language will work with Phan on the translation (for the brochure) from English to Vietnamese.

10/24/09: MassDEP executed a Consent Order with a $3,100 Penalty involving All Granite & Marble, Inc. II for Groundwater Discharge violations in Charlton. MassDEP determined that the company violated Industrial Wastewater regulations by discharging stone-cutting wastewaters out its door and down its driveway and thereafter into the ground, without having a Department-issued Groundwater Discharge Permit. The company has agreed to maintain compliance with applicable requirements and pay the Penalty. The Company installed a zero-discharge recirculation system with will allow it to reuse all of its wastewater.

10/23/09: MassDEP entered into a Consent Order with the town of Egremont to address the status of the Town Offices as a Public Water Supplier. Today's Order stipulates the conditions under with the Public Water Supplier must operate including operator, source monitoring, metering and cross-connection inspection requirements.

10/22/09: MassDEP and the Massachusetts Attorney General received a judgment in the Superior Court against Northeast Concepts, Inc., James LaMountain for Wetlands violations in Holland. The Court found in the amount of $75,000, and all injunctive relief requested, including restoration of resource areas was granted by the Court.

10/22/09: MassDEP entered into a Consent Order with a $3,500 Penalty involving Center Auto Parts of Chicopee, Inc. for Waste Site Cleanup violations in Chicopee. MassDEP determined that Center Auto Parts as the responsible party for a release of oil to the Connecticut River that was discovered in June of 2009. MassDEP was originally notified by representatives of the Chicopee Department of Public Works after oil sheen was found emanating from a storm water outfall into the Connecticut River at Plainfield Street. Through field inspection and dye testing of the storm water drainage system for the area, MassDEP personnel were able to determine that the source of the oil sheen was the Center Auto Parts facility. A spill of oil at the site was impacting a brook located at the southern boundary of the property. Upon being made aware of the condition by MassDEP personnel, Center Auto Parts personnel took all necessary corrective action to contain the oil sheen and remove contaminated soil.

10/21/09: MassDEP executed a Consent Order with a $32,400 Penalty involving Moonbarn Trust for Wetlands violations at Summit Lock Road in Westfield. MassDEP determined that the Trust had undertaken site preparation work, removal of trees and grading resulting in impacts to 2.41 acres of Bordering Vegetated Wetland (BVW) and an adjacent 100 foot Buffer Zone. Today's Order requires that the impacted BVW areas be restored by 05/15/10 and the payment of $10,000 with the remaining $22,400 suspended provided the required restoration is completed.

10/21/09: MassDEP issued a Unilateral Order to Edward Regan for Wetlands violations at Old Heath Center Road in Charlemont. MassDEP determined that Regan had undertaken work that resulted in fill and concrete within <5,000 square feet of Bordering Vegetated Wetland (BVW) and in the 100 ft. Buffer Zone along an access road at Old Center Heath Road in Charlemont. Today's Order requires Regan to cease and desist from further work, and to undertake the removal of the fill by 4/30/10 and fully restore the impacted BVW.

10/20/09: MassDEP has entered into a Consent Order with a $2,880 Penalty involving Bay State Cast Products, Inc. for Air Quality violations at its Brookdale Drive facility in Springfield. MassDEP determined the facility was emitting particulates and volatile organic compounds from its aluminum casting manufacturing operations, in noncompliance with the air quality regulations. Bay State Cast Products, Inc., which has cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. As part of a settlement agreement, Bay State Cast Products, Inc. has agreed to pay $1,750 with the remaining $1,130 was suspended pending the company's compliance with the terms and conditions of the agreement.

10/19/09: MassDEP reached a $2,000 Settlement with a mercury lamp manufacturer - Technical Consumer Products (TCP), which is the largest fluorescent lamp manufacturer in North America. TCP agreed to submit overdue compliance certification forms required under the Mercury Management Act to MassDEP and to pay the agency $2,000 Penalty after not responding to a pair of lower-level enforcement actions. TCP came into compliance after being encouraged to do so by a representative of the Massachusetts utility-based energy efficiency program. The state's five major electric utilities jointly subsidize low-cost consumer purchases of a large number of TCP-manufactured compact fluorescent light bulbs.

10/19/09: MassDEP entered into a Consent Order with Equal Exchange, Inc., for Air Quality violations at its West Bridgewater facility. Equal Exchange, Inc. operates a coffee roasting facility at 50 United Drive in West Bridgewater. A multi-media inspection of the facility revealed the installation and operation of their thermal oxidizers in violation of Air Quality regulations. The facility has addressed the violations and agreed to an interim operating limit for the coffee roasters until a specified time when the roasters and associated oxidizers will be stack tested at different operating temperatures to demonstrate compliance with the limits in the MassDEP's plan approval.

10/16/09: MassDEP issued the Boil Water Order to Wales Market for Drinking Water violations in Wales. MassDEP received reports indicating repeated high counts of total coliform in the drinking water with a confirmation from a sanitary survey that the source is shallow and close to a surface water body. Efforts to disinfect the system were inadequate. The Boil Water Order will remain in place until MassDEP removes it.

10/16/09: MassDEP issued a Declaration of Water Emergency to the Brimfield Housing Authority in Brimfield. MassDEP received a petition requesting the declaration from the public water system. The well pump failed and storage levels were low in the tank that serves the community. The declaration allows the delivery of bulk water and bottled water provided certain measures are taken. The PWS is working to replace the pump and fill the tanks.

10/16/09: MassDEP entered into a Consent Order with a $20,125 Penalty involving Eastern Propane Gas, Inc. for Waste Site Cleanup violations at 3R Marmion Way in Rockport. The company, which is located in Danvers, was responsible for violations of the Massachusetts Contingency Plan (Waste Site Cleanup), specifically, the failure to notify MassDEP immediately, and within two hours of obtaining knowledge of a release of home heating oil resulting from a delivery to the wrong address. Additionally, Eastern directed its cleanup contractor to undertake Immediate Response Actions without first obtaining approval from MassDEP. Eastern has now agreed to pay $10,000 of the Penalty and MassDEP has agreed to suspend the remaining $10,125 pending compliance. Eastern also agreed to develop and implement an Oil and Hazardous Material Release Reporting and Response Plan, a copy of which will be submitted to MassDEP within 45 days.

10/16/09: MassDEP has entered into Consent Order with six auto inspection stations after an Environmental Strike Force (ESF) investigation found each had conducted fraudulent vehicle emission inspections in 2008 and early 2009. Each of the six inspections stations will pay a penalty ranging from $6,000 to $30,000. Each has also signed a "Last Chance Agreement" with the Registry of Motor Vehicles (RMV) and agreed to a license suspension for a period ranging from 30 to 120 days. In each case, any additional violation during a one- or two-year license suspension period could result in a complete revocation of its license. The inspection stations are located in Everett, Framingham, Lawrence, Methuen, Salem and Worcester. The investigation found that stickers were placed on cars that could not pass the emissions test, circumventing the process by testing another vehicle that could pass the test.
•Hi-Tech Auto Services, Inc. at 416 Ferry Street in Everett has had its auto inspection license suspended for 120 days, with the remainder of its two-year suspension contingent on future compliance. The facility has also been penalized $30,000 for conducting eight fraudulent inspections from 1/1/08 to 4/8/08 and will pay $3,000. The remaining $27,000 will be stayed based on continued compliance.
•Framingham Petroleum & Auto Center at 174 Union Street in Framingham has had its auto inspection license suspended for 30 days, with the remainder of a one-year suspension stayed contingent on future compliance. The facility has also been penalized $6,000 for conducting 25 fraudulent inspections from 1/1/08 to 7/30/08 and for various hazardous waste management violations and will pay $3,000. The remaining $3,000 will be stayed based on continued compliance
•Route 114 Gulf, Inc. at 325 Winthrop Avenue in Lawrence has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility has also been penalized $30,000 for conducting 15 fraudulent inspections from 1/1/08 to 7/30/08 and will pay $12,200. The remaining $17,800 will be stayed based on continued compliance.
•Lowell Street Getty at 30 Lowell Street in Methuen has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility owner has also been penalized $32,000 for conducted 16 fraudulent inspections from 4/8/08 to 9/20/08 and will pay $16,000. The remaining $16,000 will be stayed based on continued compliance.
•Spiros Energy & Auto Repair at 119 Boston Street in Salem has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility has been penalized $24,000 for conducting 12 fraudulent inspections from 11/1/08 through 2/25/09 and for various hazardous waste management violations, and will pay $6,000 with the remaining $18,000 dependent on continued compliance.
•Power Test (Sfair Enterprises) at 390 Belmont Street in Worcester has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility owner has also been penalized $20,000 for conducting 28 fraudulent inspections from 1/1/08 to 9/16/08 and will pay the entire amount.

10/15/09: MassDEP executed a Consent Order with an $8,000 Penalty involving the town of Plainville, for Waste Site Cleanup violations in Plainville. The town failed to comply with the deadlines established in a Notice of Noncompliance. In a Notice of Audit Findings/Notice of Noncompliance, a sixty-day deadline was established for the correction of the violations. MassDEP did not receive communication from the town indicating a willingness or readiness to comply. The town of Plainville has agreed to new compliance deadlines, and, in addition, will complete a Supplemental Environmental Project (SEP). Under the SEP, the town agreed to perform a community household waste collection event and conduct a hazardous material inventory and reduction effort for the Plainville Maintenance facility.

10/15/09: MassDEP entered into a Consent Order with $3,440 Penalty involving Stahl/Gateway LLC, regarding its Chapter 91 license requirements at 80-100 City Square in Boston (Charlestown). Stahl/Gateway failed to comply with the special conditions of its Chapter 91 License, which was issued in 2001 to construct and maintain a four-story building for office, retail and commercial uses partially on filled Commonwealth tidelands of the Boston Inner Harbor. Stahl/Gateway will pay its occupation fees ($25,511.01) due on its annual payment plan and agreed to improve public access. Specifically, an interpretative center (850 square feet) will be re-opened, proper signage will be installed, and the restrooms will remain unlocked during public access hours. A management plan will be submitted to MassDEP for review to ensure public use and enjoyment of the property into the future. MassDEP has agreed to suspend the $3,440 Penalty provided the Stahl/Gateway stays in compliance.

10/13/09: MassDEP entered into a Consent Order with a $19,837.50 Penalty involving Gulf Oil Limited Partnership for Waste Site Cleanup and Surface Water Discharge violations at 281 Eastern Avenue in Chelsea. Gulf Oil Limited Partnership is the operator of a large petroleum receiving, storage, handling and distribution facility at this site, specifically a subsurface transfer line at the facility leaked 48,000 gallons of gasoline to soils, storm drainage structures and the surface water of Chelsea Creek. Gulf Oil Limited Partnership failed to conduct Immediate Response Actions expediently on 9/19/07 in response to the release. The following day on 9/20/07, Gulf Oil Limited Partnership agreed to conduct the required actions. Gulf Oil Limited Partnership has agreed to pay $15,000 and MassDEP has agreed to suspend $4,837.50 pending future compliance. Today's Order also contains a requirement for Gulf Oil Limited Partnership to submit a plan to revise or improve release detection, prevention and response systems, plans and procedures for the facility.

10/13/09: MassDEP executed a Consent Order with a $2,000 Penalty regarding Shetland Properties Inc. for Waste Site Cleanup violations at 45 Congress Street in Salem. Shetland Properties Inc. is the owner of the property where it failed to meet cleanup deadlines. Today's Order/Amendment extends the deadline for submittal of the final outcome statement to no later than 3/30/10.

10/9/09: MassDEP entered into a Consent Order with a $25,500 Penalty involving Century Acquisitions for Hazardous Waste Management, Industrial Wastewater, Wetlands and Air Quality violations in Sheffield. The company operates a cement-batching plant in Sheffield. During an inspection, MassDEP observed the violations which included: the failure to obtain a Comprehensive Plan approval for the cement-mixing equipment; the discharge of industrial wastewater (concrete truck wash water) to the ground without a permit; failure to comply with various hazardous waste management requirements; and, altering wetlands and conducting work in a wetlands without filing the appropriate application for approval (notice of intent). Century, which cooperated with MassDEP, agreed to pay $15,500 and correct the violations including restoration of the altered wetlands. MassDEP has agreed to suspend the remaining $10,000 of the Penalty contingent upon the company's compliance.

10/9/09: MassDEP executed a Consent Order with a $9,930 Penalty regarding Two Granite Avenue, LLC for Chapter 91 (Waterways) violations in Milton. The company failed to comply with the special conditions of its Chapter 91 license issued in 1999 to construct and maintain an office building on filled tidelands of the Neponset River, an Area of Critical Environmental Concern. Two Granite LLC has agreed: to a remove an abandoned pile field found to be a navigational hazard; to relocate the current entrance in order to ease passage to the waterfront walkway; and, to post permanent signs encouraging public patronage. MassDEP has agreed to suspend $4,930 of the Penalty pending compliance.

10/8/09: MassDEP issued a Unilateral Order to Indian River Power, LLC, Water Quality violations in Russell. The company drained the impoundment above its power dam without following the notification procedures in its (401) Water Quality Certificate. Today's Order requires that Indian River cease and desist from further draining of the river impoundment and the owner/operator undertake immediate steps to mitigate impacts at the site resulting to resource areas, and fisheries. Full compliance with the Certificate is required by no later than 10/21/09. No further work/draining of the impoundment is allowed until written approval has been received by MassDEP.

10/8/09: MassDEP entered into a Consent Order with United Parcel Service (UPS) for Waste Site Cleanup violations at 7 Everett Farmer Road in Billerica. UPS is the former owner of this property but has failed to meet l deadlines established in a Notice of Noncompliance issued by MassDEP on 5/12/09. Today's Order establishes a new deadline for the submittal of a revised phased cleanup (from assessment to remediation to final outcome). Today's Order also contains a stipulated penalty provision for any missed deadlines.

10/8/09: MassDEP executed a Consent Order with a $14,000 Penalty involving Thomas J. and Veronica M. Hill for Wetlands violations at 20 Squire Lane in Tewksbury. MassDEP found the violations on their residential property and on abutting property owned by the town of Tewksbury. The case originated through the Wetland Change Initiative. Upon investigation, staff found that Buffer Zone and approximately 2,800 square feet of Bordering Vegetated Wetland (BVW) located on Town owned land immediately behind the Hill's home had been altered from use as a "yard" for vehicle, equipment and materials storage associated with the family masonry business. Today's Order requires the full restoration of the BVW with long-term monitoring, and the clean-up of the Buffer Zone pursuant to permission and direction of the Town. MassDEP has agreed to suspend $10,000 of the Penalty pending full compliance as of 10/31/15.

10/8/09: MassDEP executed a Consent Order with a $3,230 Penalty involving Industrial Wastewater violations by Emerson Hospital at 133 Old Road/Nine Acre Corner in Concord. During an unannounced inspection at this facility, MassDEP found Industrial Wastewater violations including a failure to apply for a MassDEP sewer-connection permit while discharging greater than 25,000 gallons per day combined sanitary and industrial flow into a publicly owned treatment work. Emerson Hospital has agreed to the penalty and to apply for the appropriate permit, paying twice the required permit application fee.

10/7/09: MassDEP issued a $21,555 Penalty Assessment Notice to TDS Services, Inc. for Asbestos violations at its Horton Place facility in Milton. In response to a complaint, MassDEP inspected the site and found several unsealed, unlabeled bags of asbestos-waste material in an unsecured driveway immediately adjacent to the street. Some of the bags were placed in labeled asbestos bags and caution tape was used to cordon off the area by MassDEP personnel. Attempts to reach a negotiated settlement with TDS have thus far been unsuccessful. TDS is being issued a $21,555 Penalty as are result of the violations of the air and solid waste regulations observed by MassDEP.

10/7/09: MassDEP executed a Consent Order with an $11,645 Penalty regarding New England Precisions Grinding, Inc. for Hazardous Waste Management and Air Quality violations in Holliston. New England Precision Grinding, which formerly operated in Holliston as a manufacturer of precision medical components, initially self-reported violations of MassDEP regulations. Subsequent inspections revealed additional violations including: treating hazardous waste without a license; generating hazardous waste and waste oil in excess of the company's registered status; failure to comply with other hazardous waste management regulations; and, failure to obtain a Limited Plan Approval (Air Quality) for emissions to the ambient air. The company has agreed to pay $3,060 of the Penalty and MassDEP has agreed to suspend $8,585 of the Penalty pending the successful completion of a Supplemental Environmental Project (SEP). Under this SEP, the company will purchase and donate first responder equipment to the Holliston Fire Department. Today's Order ensures that the Company will comply with applicable regulations in the future.

10/7/09: MassDEP issued a $10,787.50 Penalty Assessment Notice to Karen and Michael Flaherty for Waste Site Cleanup violations in Holliston. In December 2003, the Flaherty's were operators of a former gas station. After discovering notification conditions during the due diligence investigation and pre-purchase process, they did not notify MassDEP despite repeatedly being informed of that requirement by an environmental consultant (the Licensed Site Professional). In 2006, after learning of these conditions, the property owner notified MassDEP and conducted response actions including the final Response Action Outcome Statement. However, the operators' failure to notify when the release was discovered was uncovered by MassDEP during a recent comprehensive audit of the disposal site. Other violations discovered during the audit were addressed in a Notice of Audit Findings issued to the property owner. MassDEP issued an Notice of Enforcement Conference to the Flaherty's and scheduled enforcement conferences on two occasions; however, the Flaherty's did not attend these meetings, resulting in the issuance of today's Penalty.

10/7/09: MassDEP executed a Consent Order with a $19,050 Penalty involving JKB, Inc. d/b/a Auto Bite Car Wash for Waste Site Cleanup violations at 105 Hollis Street in Framingham. JKB is the owner of the property where violations were found including: failure to notify MassDEP of treatment system mechanical failure/shut down; storing remediation waste on site for more than 120 days; and, failure of its treatment system to remove at least 95% of the emitted oil and hazardous materials, on a weight basis. JKB has agreed to bring the site back into compliance and to pay $10,000 of the Penalty. MassDEP has agreed to suspend $9,050 of the Penalty pending compliance with the terms of the Order.

10/6/09: MassDEP entered into a Consent Order with a $2,500 Penalty regarding E&A/I&G Campus Plaza Limited Partnership for Waste Site Cleanup violations at 454 Russell Street in Hadley. MassDEP found the Partnership failed to comply with a previous notice of noncompliance, which had required the submittal of a revised risk characterization. MassDEP had sought the characterization of several constituents which were detected in groundwater at this site. The Response Action Outcome Statement on this property did not include the constituents identified. Today's Order requires E&A/I&G Campus Plaza to submit a revised risk characterization study and conduct additional (cleanup) response actions, if necessary. The Order also requires E&A/I&G Campus Plaza to pay the $2,500 Penalty and includes stipulated penalties should any additional violations occur.

10/6/09: MassDEP entered into a Consent Order with a $9,660 Penalty regarding One Ferry Street for Chapter 91 (Waterways) violations in Fall River. Borden Light Marina failed to seek prior Chapter 91 license approval before constructing a seasonal bar/grill on a pile-held barge and a pool in filled tidelands. The Marina has agreed to pay $2,415 of the Penalty, while MassDEP has agreed to suspend $7,245 pending compliance with the Order. The Marina has agreed to conduct a Supplemental Environmental Project (SEP) that will extend the waterfront walkway an additional 150 feet, to construct a waterfront walkway around the pool area, and to submit a license application within 30 days for all unauthorized and proposed construction.

10/5/09: MassDEP issued a Unilateral Boil Water Order to New Meadows Golf Club, Inc. for Water Supply violations at 30 Wildes Road in Topsfield. MassDEP issued the Order in response to Total Coliform results, repeat samples, taken from the Club's water supply 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 has been instructed to perform an inspection on the property to find the source of contamination and to provide details of their findings.

10/1/09: MassDEP issued a $54,937.50 Penalty Assessment Notice to John G. Sabbey for Asbestos violations in Worcester. Sabbey, a Worcester landlord, was issued the Penalty for multiple violations of the Asbestos Regulations observed during an October 2007 inspection. Sabbey was observed improperly removing an asbestos-insulated boiler and pipes from an occupied multi-family rental property he owns in Worcester. Large quantities of dry, friable asbestos insulation were observed uncontained throughout the basement of the building, as well as outside on the ground and in the back of Sabbey's pick-up truck. Unable to resolve the issues involving the violations, through prolonged negotiations, MassDEP issued today's Penalty.

September 2009

9/30/09: MassDEP executed a Consent Order and a Notice of Noncompliance to DiTullio Realty Trust in Stow to establish an enforceable schedule for the development of an approved transient, non-community Public Water System (PWS) for the 10.0 Academy which is located at 181 Great Road in Stow, Massachusetts. Today's Order requires the owner to operate on-site water supply well as a PWS. Additionally, and in accordance with the requirements for a PWS, the facility must hire a certified operator, it must carry out a monitoring program, and it must comply with cross-connection requirements. The owner also agreed not to expand or increase the number of persons served by the PWS; and to either tie into an alternative PWS by 9/1/11, or carry out additional requirements to continue operation as a PWS. This action will ensure that the members and staff utilizing this PWS will receive water that is safe and fit to drink.

9/30/09: MassDEP entered into a Consent Order with a $2,157.50 Penalty involving Victor Brandon Corporation for Waste Site Cleanup violations in Nantucket. The company failed to properly notify of a release of heat transfer oil that exceeded the reportable quantity of 25 gallons. In addition to the Penalty, Victor Brandon Corporation has conducted a Supplemental Environmental Project on Nantucket involving infrastructure improvements necessary to improve response times by public safety personnel.

9/29/09: MassDEP entered into a Consent Order with an $11,213 Penalty involving Motiva Enterprises, LLC for Waste Site Cleanup violations at 920 Main Street in Walpole. The company failed to comply with the terms and conditions of an Activity and Use Limitation (AUL), specifically, upon transferring the property in 2005, the respondent failed to make reference to the AUL in the new deed. In addition, the nature and extent of contamination was not adequately delineated, the risk characterization failed to evaluate all probable exposure pathways and the AUL did not reflect all exposure assumptions in the risk characterization. Today's Order also establishes deadlines for completing the necessary tasks required to correct the violations.

9/29/09: MassDEP issued a Boil-Water Order to Townsend Water Department, a community Public Water System (PWS) that serves approximately 7,720 customers. The Town notified MassDEP that one of six repeat bacteria samples was confirmed positive for total coliform and e.coli. The PWS is in noncompliance because of total coliform and an e. coli-positive repeat sample detected. Townsend reported that it recently had conducted fire flow testing and also had a significant water main break that impacted pressure in the system, which may be possible causes for the contamination. Through today's Order, the PWS is required to notify its customers and the board of health as well as implement its emergency plan to provide disinfection of the system and conduct additional sampling. Prior to this incident, the Townsend Water Department does not routinely add disinfectant to its drinking water. After two consecutive rounds of clean samples, the order was lifted on 10/4/09. This action was taken to assure safe drinking water for the 7,720 persons served by this system.

9/29/09: MassDEP entered into a Consent Order with a $4,350 Penalty involving Admiral Metals Service Center Co., Inc. for Asbestos violations at 11 Forbes Road in Taunton. The company failed to submit written notification to MassDEP prior to beginning removal of asbestos-containing material. The company has agreed to comply with the regulations and pay the Penalty.

9/29/09: MassDEP executed a Consent Order with Peter Breen for Waste Site Cleanup violations at 770 Boxford Street in North Andover. Breen is owner and/or operator of the property where MassDEP in October 2007, identified petroleum contamination in drinking water wells. MassDEP then issued a Notice of Noncompliance to Breen on 7/24/09. Today's Order requires a phase one assessment report and either a final response outcome or a permit to continue additional cleanup measures (tier classification) by no later than 11/30/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.

9/28/09: MassDEP entered into a Consent Order with West Springfield Water Department for multiple violations of total coliform bacteria readings in West Springfield. The Water Department will address multiple violations that occurred during a 12 month period by completing cross-connection inspections at the facilities that are used for routine coliform bacteria sites, develop and submit a standard operating procedures document concerning sampling procedures and submittal of an updated Emergency Response Plan.

9/25/09: MassDEP issued a Boil-Water Order to Manchaug Water District in Sutton to memorialize actions ordered by MassDEP earlier in the month (Labor Day weekend). The boil-order has already been lifted as a result of successful remedial measures and confirmatory testing. The District is a community public water system (PWS) that serves approximately 500 customers. On 9/4/09, the contract operator notified MassDEP that one routine bacteria sample and one source water sample confirmed positive for total coliform. The routine bacteria sample was also confirmed positive for e.coli. The sample locations with the positive results indicated that the total coliform was widespread in the PWS, and not an isolated incident. MassDEP determined that this was a severe violation for bacteria, and the microbiological contamination posed a threat to public health. Through verbal orders issued by MassDEP, the PWS was required to implement its emergency plan, provide additional disinfection, and conduct repeat sampling. The Boil Order requirement was terminated on 9/7/09 after all required repeat sampling indicated that bacteria were no longer present in the system. This action will result in protection of the approximately 500 customers served by this system.

9/24/09: MassDEP entered into a Consent Order with a $16,500 Penalty involving Claire K. Penney for Wetlands violations at 187 Fisk Street in Tewksbury. MassDEP determined through its Wetlands Change Initiative that violations of the Wetlands Protection Act occurred on this residential property. Upon inspection, staff found that approximately 7,100 square feet of Bordering Vegetated Wetland (BVW) had been altered by excavating a small pond adjacent to an intermittent stream and conversion of the surrounding BVW into a manicured lawn with ornamental shrubs. Today's Order requires full restoration of BVW with long term monitoring. MassDEP has agreed to suspend $13,500 of the Penalty pending full compliance by 10/31/12.

9/24/09: MassDEP entered into a Consent Order with a $3,000 Penalty involving the Stoneworks Company, Inc., for Industrial Wastewater Violations in Holliston. The company discharged stone cutting wastewaters to the ground without a MassDEP Groundwater Discharge Permit. In addition to the Penalty, the company agreed to maintain compliance with applicable requirements. This action will help ensure industrial wastewater generated by this Company is properly managed.

9/24/09: MassDEP executed a Consent Order with a $2,500 Penalty regarding TransRiver Transfer Systems, LLC, for Solid Waste violations at 115 Washington Street in Holliston. MassDEP inspected the property in March of 2008 and required that the company cease utilizing its construction and demolition building for the transfer of municipal solid waste. The Company was also ordered to cease and desist accepting waste ban materials (cardboard) as a result of an additional inspection conducted on 5/19/08. Under the terms of today's Order, TransRiver Transfer Systems has agreed to comply with all conditions contained in its operating permit and to pay the Penalty.

9/24/09: MassDEP entered into a Consent Order with a $21,883 Penalty involving Hess Corporation for Chapter 91 license violations at 295 Derby Street in Salem. MassDEP's Waterways Program found that the license holder failed to construct a waterfront walkway that is to become part of the new South River Harborwalk in Salem. Under today's Order, the license holder has agreed to correct the violations and within 30 days pay $10,000 of the Penalty. MassDEP has agreed to suspend $11,883 pending construction of the waterfront walkway and compliance with the license.

9/23/09: MassDEP entered into a Consent Order with Northern Pelagic Group, LLC, for Surface Water Discharge violations in New Bedford. NORPEL operates a facility in New Bedford that processes and distributes fish (herring and mackerel) for resale. On 6/2/09, MassDEP inspected the site, along with a NORPEL representative, and determined that process water from the waste fish separation process is being discharged to the Acushnet River, in violation of the Surface Water Discharge regulations. As pertaining to a previous Consent Order from 2006, MassDEP has already issued a Stipulated Penalty Demand Notice to NORPEL for $1,000, which NORPEL paid on 8/5/09. Today's Order formalizes the improvements NORPEL will complete to its infrastructure to eliminate the discharge of process waster to the Acushnet River. MassDEP has inspected the infrastructure improvements that have been completed by NORPEL and determined that the violations have been addressed and no further actions are required.

9/23/09: MassDEP entered into a Consent Order with Blair Till for Waste Site Cleanup violations at 586 Cabot Street in Beverly. Till is the holder of the property which has a permit to conduct ongoing cleanup or response actions. However, the specific violations were failure meet deadlines set out in a Notice of Noncompliance issued on 8/7/09. Today's Order requires a final response outcome statement by no later than 11/31/11. There are also stipulated penalty provisions for any missed deadlines.

9/22/09: MassDEP entered into a Consent Order with a $105,000 Penalty involving Greener Landscaping, Inc. for Hazardous Waste Management, Wetlands Protection Act, Water Quality Certification and Air Quality violations at 123 Bolt Street in Lowell. The case originated with a telephone complaint about violations. The property had obtained a local Order of Conditions (OOC) that authorized construction of a commercial building with parking lot and stormwater controls in the buffer zone to Bordering Vegetated Wetland (BVW). Upon inspection, staff found that the project approved by the local OOC had been approximately doubled in area without authorization to include a much expanded parking area with no stormwater controls, a Quonset-style storage building, outdoor bulk materials and equipment storage areas, and, an on-road and off-road diesel fuel and gasoline dispensing facility. This work had resulted in the filling of approximately 8,000 square feet of federally jurisdictional Isolated Vegetated Wetland (IVW). Additionally, plowing on the site had pushed soils and other earth materials into BVW resulting in alteration of approximately 1,530 square feet of resource area. On follow-up inspection, multiple violations were found of Air Quality regulations governing the (stage two) vapor recovery system, and, Hazardous Waste regulations governing the handling and burning of waste oil. Today's Order requires full compliance with all documentation, reporting and handling requirements identified. Additionally required is full restoration of all BVW and IVW on the site with long-term monitoring. MassDEP agrees to suspend $70,000 if the all terms of today's Order are met and the site is in full compliance on 10/31/15.

9/22/09: MassDEP entered into a Consent Order with an $8,000 Penalty regarding Joseph Bryda for Wetlands violations in Wales. Bryda, of 41 Arnold Street in Chicopee, was found to have begun reconstruction of an access road and culvert at Orchard Street, Wales, and Massachusetts without a valid Order of Conditions. Construction work involved alteration of 12 linear feet of bank, and a jurisdictional stream. The work also involved the installation of a culvert that did not meet the stream crossing standards. Today's Order requires Bryda to either remove the culvert or submit a restoration plan that demonstrates that the culvert, or a modified culvert complies with Massachusetts Stream Crossing Standards and is designed and sized properly to handle flows in the tributary watershed. Today's Order requires payment of a civil administrative penalty of $6,500 with $1,500 suspended contingent upon compliance.

9/21/09: MassDEP has entered into a Consent Order with a $5,575 Penalty involving Montague Machine Company for Air Quality and Hazardous Waste Management violations in Montague (Turners Falls). A MassDEP inspection conducted on 4/28/09 revealed that the company was burning wood waste in an old oil boiler in violation of the air quality regulations. Other violations were related to hazardous waste management maintenance and labeling requirements. The company, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. As part of a settlement agreement, Montague Machine Company agreed to pay a $1,500 of the Penalty, cease burning wood waste and maintain compliance with the hazardous waste management regulations. MassDEP agreed to suspend $4,250 of the Penalty, pending the company's compliance with the terms and conditions of the agreement.

9/21/09: MassDEP entered into a Consent Order with a $4,000 Penalty involving Covanta Springfield, LLC, for Air Quality violations in Agawam. On 11/10/08, Covanta self-reported to MassDEP that on the previous day, the facility did not maintain the correct carbon injection rate to one of its combustor units. In addition, an alarm failed to sound when the activated carbon flow to the combustor unit stopped. Covanta also did not submit its air dispersion modeling results within 90 days of completion of an emissions test, and did not provide MassDEP with correct information on its requisite monthly operational and emissions reports. Covanta, which cooperated fully with MassDEP to address the noncompliance issues, has entered into a consent agreement with MassDEP to correct the above violations and agreed to pay the $4,000 Penalty. In addition, Covanta has agreed to install and operate an oxygen continuous emission monitoring system to improve the facility's monitoring capability.

9/21/09: MassDEP entered into a Consent Order with Akzo Nobel Coatings, Inc. for Waste Site Cleanup violations at 10 First Street in Taunton. The company failed to comply with deadlines established in a Notice of Noncompliance MassDEP issued. The Department identified violations of the requirements applicable to the final cleanup report (Response Outcome) submitted for this site as well as the Activity & Use Limitation (AUL) submitted for this site. In a Notice of Audit Findings/Notice of Noncompliance (NOAF/NON), a deadline was established by MassDEP for the correction of these violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations.

9/21/09: MassDEP entered into a Consent Order with a $10,000 Penalty involving Phil Beaulieu & Sons Home Improvement, Inc., for Asbestos violations in Easthampton. The violations were discovered during MassDEP's complaint investigation of a multi-unit residential building located in Easthampton. MassDEP received a report that insulation and siding work were being performed without instituting the appropriate asbestos transite siding handling and disposal procedures. The company cooperated with MassDEP and immediately retained an asbestos abatement contractor to clean up the site and has agreed to develop and implement a Standard Operating Procedure for dealing with asbestos during future home improvement activities. MassDEP has agreed to suspend $6,000 of the Penalty for one year provided all terms of the Order are met.

9/21/09: MassDEP entered into a Consent Order with a $1,060 Penalty regarding the Southwick Water Department for Water Supply violations specifically, repeated violations of monitoring, reporting and cross-connection control requirements and repeated violations involving total coliform bacteria. Under today's Order, Southwick is required to submit written standard operating procedures to ensure routine compliance with the total coliform rule, the lead and copper rule and the consumer confidence rule requirements. In addition, Southwick will maintain compliance with the rules, provide public notification for the recent monitoring violation and will be subject to a "capacity" downgrade to "inadequate" if it fails to meet these requirements in the next twelve (12) months. MassDEP has agreed to fully suspend the Penalty pending compliance with all the required actions.

9/18/09: MassDEP entered into a Consent Order with Chester Water Department for Water Supply violations, specifically, preparation and distribution of its annual Consumer Confidence Report (CCR). Chester has since completed the 2008 CCR, distributed it to customers and submitted appropriate documentation to MassDEP. Today's Order includes the requirement to complete the 2009 CCR and submit documentation to MassDEP by no later than July 2010.

9/18/09: MassDEP entered into a Consent Order with a $15,000 Penalty involving Antonio and Paula Sousa for Wetlands violations at 219 Leonard Street in Acushnet. Today's Order requires restoration of Bordering Vegetated Wetland within Riverfront Area as well as payment of $2,500. MassDEP has agreed to suspend $12,500 of the Penalty pending compliance with the restoration requirements.

9/18/09: MassDEP entered into a Consent Order with the Town of Petersham for Water Supply violations, specifically, addressing multiple violations involving total coliform bacteria exceedences during a 12 month period. Today's Order provides for the following: if another violation occurs between 10/1/09 and 9/30/10, a mechanical chemical disinfection system shall be installed within seven (7) days of the awareness of said violation and shall remain in place until the public water supplier has identified and corrected the cause of the contamination.

9/17/09: MassDEP entered into a Consent Order with a $9,490 Penalty regarding Canal Place Condominium Trust for Air Quality violations in Lowell. MassDEP received complaints from Canal Place Two Condominium residents who had difficulty breathing when the emergency generator at Canal Place I was being tested. MassDEP confirmed the validity of the complaints and issued a Notice of Noncompliance to the Trust in June 2008, requiring that the problem be corrected by modifying the generator stack. As a result of a failure to comply with the Notice of Noncompliance, today's Order requires the Trust to modify the stack height of the emergency generator so the stack is ten (10) feet above the roof-line or any air intakes located on the roof, whichever is higher, so as to eliminate the condition of air pollution that is impacting the residents. The Trust ceased operation of the generator while negotiations proceeded. MassDEP has agreed to fully suspend the Penalty for one year provided that the Trust completes all stack upgrade work on or before 12/1/09 and remains in compliance.

9/17/09: MassDEP entered into a Consent Order with a $35,375 Penalty regarding Cummings Properties, LLC, for Air Quality and Hazardous Waste Management violations in Beverly and Woburn. Cummings, LLC, is a large rental property management firm, which MassDEP found had violations of the Stage II (vapor recovery) and Hazardous Waste Management at its Beverly and Woburn building maintenance facilities. Today's Order includes a $35,375 Penalty, of which $15,375 will be paid. The penalty to be paid is comprised of $1,375 in Stage II and Hazardous Waste compliance fees and $14,000 for Stage II Vapor Recovery and Hazardous Waste violations. The remainder of the penalty is suspended for one year provided the company returns to, and remains, in compliance.

9/16/09: MassDEP entered into a Consent Order with a $1,438 Penalty regarding NSTAR Electric & Gas Corporation for Air Quality, Groundwater Discharge and Hazardous Waste Management violations in Plymouth. In June 2009, MassDEP conducted site inspections at the Plymouth service center and observed violations relative to generator notification/storage requirements; air quality violations regarding record keeping; groundwater discharge violations regarding discharge to the groundwater from floor drains and an oil/water separator. NSTAR has corrected the hazardous waste and air quality regulation violations, and sealed the floor drains to prohibit discharge. NSTAR will also submit a plan to manage its Industrial Wastewater in accordance with state regulations. NSTAR will also pay $1,438, and implement a Supplemental Environmental Project (SEP) by making a donation of $4,312 to the town of Plymouth for the Eel River Headwaters Restoration Project.

9/15/09: MassDEP entered into a Consent Order with a $25,800 Penalty involving C.P. and T. Corporation for Waste Site Cleanup violations at 1465 Middlesex Street in Lowell. Peter Van Nguyen as owner of 1465 Middlesex Street, failed to complete response actions. Today's Order includes timelines for a permit to conduct additional cleanup measures (a tier classification submittal) and the final response outcome necessary to return this site to compliance. This site has been in the system since 1989 and the property is currently a gas station. This enforcement action will lead to the cleanup of gasoline-contaminated groundwater and soil at the site.

9/15/09: MassDEP entered into a Consent Order with Gill-Montague School District for Water Supply violations in Gill, specifically repeated total coliform detections at the Gill Elementary School. The school exceeded the maximum contaminant level for total coliform bacteria in both July and August 2009. The public water supply took short term corrective actions. Today's Order requires the source be tested for Microscopic Particulate Analysis (to determine surface water influence) and the installation of permanent disinfection if additional detections occur in the next twelve (12) months.

9/15/09: MassDEP entered into a Consent Order with a $15,400 Penalty regarding Mountain Park LLC, for Wetlands violations in Holyoke. Mountain Park was found to have begun cutting and clearing of 15,050 square feet of Bordering Vegetated Wetlands without a valid Order of Conditions. Today's Order requires restoration to be implemented by 11/27/09. MassDEP has agreed to suspend $6,400 of the Penalty contingent upon compliance with the Order.

9/15/09: MassDEP entered into a Consent Order with Environmental Compliance Corporation for Hazardous Waste Management violations in Stoughton. MassDEP conducted a single-media inspection revealed and found the company had violations relating to the manifests submitted to MassDEP, along with accumulation area and container management violations. The company has agreed to take steps to bring the facility back into compliance.

9/14/09: MassDEP entered into a Consent Order with an $8,625 Penalty involving Texon USA for Surface Water Discharge violations in Russell. The penalty was assessed for exceedence of its monthly Biochemical Oxygen Demand (BOD) limit in its water discharge. The violation was discovered during a review of discharge monitoring reports submitted by the facility. Texon-USA, in addition to the Penalty, has agreed to take corrective steps to maintain compliance with its permit.

9/14/09: MassDEP entered into a Consent Order with a $5,000 Penalty involving Renovator's Supply, Inc. for Hazardous Waste Management violations in Erving. MassDEP's inspection found that the company was storing hazardous wastes at its facility beyond the time limit allowed. Other hazardous waste management violations included: failure to properly label containers of hazardous waste; failure to clearly mark the hazardous waste accumulation area boundary; failure to post a hazardous waste sign; failure to keep hazardous waste accumulation containers closed; failure to have secondary containment; and, failure to have an impervious surface for the storage of hazardous waste. In addition to the Penalty, the company has agreed to correct the violations and to remain in compliance.

9/14/09: MassDEP entered into a Consent Order with a $575 Penalty involving Hampden Fence Supply, Inc. for Hazardous Waste Management violations in Agawam. MassDEP's inspection on 1/28/09 found that the company had not notified MassDEP of a change in its hazardous waste generator status. An additional violation was related to hazardous waste housekeeping provisions. Hampden Fence, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. In addition to the Penalty, Hampden Fence will pay $1,575, which is the total amount of annual compliance fees it would have paid had it been operating in the appropriate status.

9/14/09: MassDEP Commissioner Laure Burt issued a Final Decision regarding a Consent Order with a $28,100 Penalty issued to Alan Mofsowitz d/b/a Pro Air Heat, Air-Conditioning & Refrigeration for Asbestos violations at 17 Rodman Street in Boston (Jamaica Plain). Today's Order settles Pro Air's appeal of a prior Penalty Assessment Notice (PAN) issued as a result of violations of the asbestos regulations observed by MassDEP after responding to a compliant. Due to Pro Air's inability to pay, the entire Penalty will be suspended for a period of two years. Pro Air entered this agreement to settle the appeal but neither admits nor denies the facts or allegations set forth in the Order.

9/14/09: MassDEP Commissioner Laurie Burt issued a Final Decision regarding a Consent Order with an $18,050 Penalty and Naggar Realty, LLC, for Asbestos violations at 563 Massachusetts Avenue in Cambridge. Today's Order settles an appeal of a prior Penalty Assessment Notice (PAN) issued as a result of Asbestos violations observed by MassDEP while responding to a complaint. In settlement of the appeal, Naggar will pay $7,500 and $10,550 will be suspended for one year.

9/14/09: MassDEP entered into a Consent Order with Anderson Irrevocable Vineyard Trust (Eric Anderson as Trustee) for Waste Site Cleanup violations at Harness Shop Square at 23 Beach Street Extension in Tisbury. The Trust submitted an incomplete phase two assessment of the site, specifically, failure to describe the extent of soil and groundwater contamination at the site. In addition, the report failed to include a phase three remedial action plan as required by regulations, even though the report concluded that comprehensive remedial actions are necessary at the site. Today's Order establishes deadlines for any future submittals to ensure the cleanup remains in compliance.

9/11/09: MassDEP entered into a Consent Order with a $4,435 Penalty involving Richard Sheperd for Asbestos violations in Greenfield. MassDEP found that Sheperd, of Turners Falls, had conducted illegal removal and disposal of asbestos thermal insulation from a boiler located at his rental property located in Greenfield. Sheperd failed to comply with state asbestos regulations during the removal activity and transported the asbestos waste to a local transfer station. Sheperd immediately cooperated with MassDEP and retained an asbestos contractor to clean up the property. After a review of the financial information provided, Sheperd has been assessed a $4,435 Penalty, suspended in its entirety for one year provided Sheperd remains in compliance with the asbestos regulations.

9/11/09: MassDEP entered into a Consent Order with John S. Dalton for Waste Site Cleanup violations at 1200 Fellsway in Malden. Dalton, as owner and/or operator of the property, failed to meet Waste Site Cleanup deadlines already established in a Notice of Noncompliance issued by MassDEP on 7/17/09. Today's Order requires a phase two assessment report by 12/31/09; a phase three selection of remediation plan report by 5/1/10; and, a phase four implementation report by 8/31/10. A final response outcome statement is due by no later than 12/31/10. Today's Order contains a stipulated penalty provision for any missed deadlines.

9/10/09: MassDEP entered into a Consent Order with a $920 Penalty regarding Coca-Cola Company for Hazardous Waste Management violations in Sandwich. A multi-media inspection revealed Coca Cola was acting out of its registered hazardous-waste status; acting as a transport, storage and disposal facility without a license (storing waste oil); also, failing to post signage at the hazardous accumulation area, as well as failure to properly label hazardous waste tanks. In addition to the Penalty, the company has agreed to restore and maintain the facility in full compliance.

9/9/09: MassDEP entered into a Consent Order with a $15,989 Penalty involving Saint-Gobain Abrasives, Inc., for Air Quality violations at its New Bond Street facility in Worcester. MassDEP determined from file reviews, and observed during inspections of the company that after-burners were not operating at specified temperatures. The facility agreed to take eighteen specific corrective actions throughout its complex within specified time frames, and is now back in compliance.

9/8/09: MassDEP issued Unilateral Orders to New England Infrastructure, Inc. (NEI) for violations observed at work in Windsor, Washington and Hinsdale. MassDEP inspected three active dam reconstruction sites: Windsor Reservoir Dam, Dalton Fire District, Back Dalton Road, Windsor; Ashley Lake Dam Reservoir, City of Pittsfield in Washington; Ashmere Lake Dam Reservoir, Smith Road, Hinsdale. These inspections revealed site construction activities were occurring at each of these sites by the same general contractor, NEI. As a result of observed surface water quality impacts and lack of proper erosion and sedimentation controls, three Unilateral Orders were issued to NEI to cease violations at each site.

9/8/09: MassDEP issued an $11,700 Penalty Assessment Notice to Edward M. Paquette for Asbestos violations in Worcester. Paquette, a Southbridge based general contractor, was observed during an inspection of a renovation project. Paquette was conducting the project on Lancaster Street in Worcester in May of 2008. MassDEP has been unable to reach a negotiated settlement in this case, necessitating the issuance of today's Penalty.

9/8/09: MassDEP issued a $53,437.25 Penalty Assessment Notice to Raphael A. Soto and Roberto Zaruma for Asbestos violations in Milford. Zaruma was apprehended by the Milford Police Department in July of 2008 for dumping asbestos waste in a wooded area on the grounds of the Nipmuc Rod & Gun Club. Asbestos staff personnel investigated and determined that the asbestos waste was generated from a renovation project that the men had conducted in Manchester, New Hampshire. MassDEP provided assistance and information to the New Hampshire Department of Environmental Services, which resulted in remedial cleanup work being conducted at the Manchester residence, and enabled that Agency to take additional enforcement against the men for the New Hampshire violations. MassDEP assessed civil administrative penalties in the amount of $53,437.25 against both Soto and Zaruma for the violations.

9/7/09: MassDEP lifted the Boil-Water Order for the city of Gloucester relative to Water Supply violations. The Gloucester Water & Sewer Division at 9 Dale Avenue in Gloucester which serves a summer population of 45,400 customers was originally issued a Boil-Water Order on 8/21/09. However, an area served by the Blackburn Industrial Standpipe was issued a new Boil Water Order for the Blackburn area. This new Order had several necessary actions required of the Water Division to follow up. These actions include maintenance actions and documentation of certain operations at the Babson Water Treatment Plant to help determine whether the plant is operating properly. The city must continue operation of temporary booster chlorination locations until otherwise approved in writing by MassDEP, and must flush water mains to establish an adequate chlorine residual throughout the distribution system. Within seven (7) days, the city's engineering consultants must evaluate the chlorine dosing regimen and possible alternative disinfection approaches and recommend changes to improve disinfection of the water system. The city must submit a plan and schedule to inspect the inside of the Bond Hill water storage facility.

9/4/09: MassDEP issued a Unilateral Order to Kevin Stone Sr. and Kevin Stone, Jr., for Solid Waste and Hazardous Waste Management violation sat at 30 Old Charlton Road in Oxford. Stone, Sr. is the owner of the property, while Kevin Stone, Jr. operates an unlicensed scrap metal recycling operation on the property. Responding to information provided by an Oxford Police Officer, MassDEP personnel inspected the site multiple times and discovered numerous containers of various sizes containing waste oil, paints, solvents and degreasing agents. Solid waste materials were also observed partially buried on the site. Today's Order requires the violations to cease.

9/3/09: MassDEP entered into a Consent Order with an $11,500 Penalty regarding Preferred Freezer Services of Raynham and Preferred Freezer Services of Boston, LLC for Hazardous Waste Management violations. Inspections of Preferred Freezers' facility located in Sharon were performed on 7/10/08, and 7/15/08 and in Raynham on 7/14/08. MassDEP observed violations of hazardous waste management, air quality, industrial wastewater discharge to surface water and toxic use reduction regulations. In addition to agreeing to the Penalty, Preferred Freezer service is committed to correcting the violations and complying with all the regulations in the future.

9/2/09: MassDEP entered into a Consent Order with the Lincoln Water Department for Water Supply violations. MassDEP had previously issued a Notice of Noncompliance for an incomplete submittal of contaminant(s) during the monitoring period(s). As such, Lincoln public water system is in violation of one or more of the following Monitoring and Reporting requirements.

9/2/09: MassDEP entered into a Consent Order with a $32,000 Penalty regarding 185 Great Road Corp., for Waste Site Cleanup violations. As owner of the property at 185 Great Road in Bedford, the corporation failed to meet deadlines set out in a Notice of Noncompliance dated 3/6/08. Today's Order requires a tier tow extension by 9/30/09, a phase two report by 5/30/11, a phase three report by 6/30/11, a phase four report by 1/31/12 and a final response outcome 1/30/13. MassDEP has agreed to suspend $22,000 of the Penalty pending full compliance. There is a stipulated penalty provision for any missed deadlines.

August 2009

8/31/09: MassDEP entered into a Consent Order with a $14,484 Penalty involving the Somerville Housing Trust III for Waste Site Cleanup violations at 481 Columbia Street in Somerville. MassDEP inspection on 5/12/09 found a violation of the Activity and Use Limitation (AUL) at this location. The primary focus of the field inspection was to gather information regarding new construction within to see if the work was done in conformance with the requirements. During the field inspection, it was discovered that significant construction activities had occurred within the AUL area for the installation of electric utility lines and a pad mounted transformer. MassDEP determined that the excavation of soils below three feet in violation of the AUL. During the majority of this construction activity, no LSP was contracted, no health and safety plan and no soil management plan was implemented - as required. At the time of the violations the Trust was the owner of the properties in question. Somerville Housing Trust III LLC has agreed to pay $7,000 within 30 days and MassDEP has agreed to suspend $6,484 for one year pending compliance.

8/31/09: MassDEP executed a Consent Order with a $10,000 Penalty with Concord Oil Co., Inc. for Waste Site Cleanup violations at 356 Boston Post Road in Wayland. Specifically, the violations were for non-notification of a release of oil and conducting cleanup measures without MassDEP approval. In lieu of the Penalty, Concord Oil agreed to perform a Supplemental Environmental Project (SEP) in the amount of $10,000 as follows: within 12 months, Concord Oil shall replace existing heating oil copper feed lines with double-walled lines in a minimum of fifty (50) homes, with priority given to homes owned by elderly persons or located in communities currently served by Concord Oil, which have been identified by the Executive Office of Energy & Environmental Affairs as Environmental Justice Communities.

8/27/09: MassDEP issued a Do-Not-Drink Order to the Department of Conservation and Recreation/Mount Greylock Bascom Lodge in Lanesboro for Water Supply violations. MassDEP issued the Order after two e coli detections were reported at the Bascom Lodge summit well and distribution system. The operator while taking repeat samples and inspecting the system discovered a bypass around the ultraviolet disinfection unit was open. The handle to the bypass has been removed to avoid inadvertent bypasses in the future. MassDEP will work with DCR to establish better disinfection requirements in light of the fecal contamination in the source.

8/27/09: MassDEP entered into a Consent Order with a $13,800 Penalty involving Coating Systems, Inc. for Hazardous Waste Management violations in Lowell. MassDEP inspected the facility and found hazardous waste was being stored for longer than 90 days in their hazardous waste storage area, along with additional hazardous waste violations observed during the inspection. Today's Order requires Coating Systems to ship all hazardous waste accumulated at its facility within 90 days, and assure that all additional violations identified are corrected. In addition, the Order requires Coating Systems to pay $3,000 with the remaining $10,800 suspended, pending continued compliance with the Order.

8/27/09: MassDEP issued a Boil-Water Order to Bolton/CIF II, LLC, as owners of the Bolton Office Park, which operates a non-transient non-community water system (125 customers) located at 580 Main Street in Bolton. The contract operator notified MassDEP that four of five repeat bacteria samples collected were confirmed positive for total coliform. Two of the four coliform positive samples were also confirmed positive for e coli (fecal) bacteria. The system is in noncompliance with the monthly for total coliform, and the acute total coliform, which may pose an acute risk to public health from short-term exposure. Through today's Order, the system is required to provide public notice to boil the water until further notice, and to provide disinfection to the water supply wells. Today's Order also requires additional sampling, evaluation as to the cause of the violation, and corrective action activities to be carried out under the direction of MassDEP staff. This action will result in protection of the approximately 125 customers served by this system.

8/26/09: MassDEP entered into a Consent Order with a $1,100 Penalty involving Lance Manufacturing, LLC, for Hazardous Waste Management violations in Hyannis. A multi-media inspection of the facility revealed Hazardous Waste violations for labeling of hazardous waste containers, storage area requirements and operating out of its registered status. The facility agreed to the Penalty which includes unpaid Annual Compliance Fees and agreed to comply with the hazardous waste requirements.

8/25/09: MassDEP executed a Consent Order with a $1,060 Penalty involving Williamsburg Water Department for Water Supply violations. The violations were in connection with its failure to submit the results of an adequate number of bacteria samples in June 2009 and the failure to submit the Consumer Confidence Report and certification for 2008. MassDEP has agreed to suspend the entire Penalty provided the system develops standard operating procedures for sampling (routine and lead & copper) and compliance with the Consumer Confidence Rule and complies with all reporting requirements for a period of two years.

8/25/09: MassDEP entered into a Consent Order with a $16,505 Penalty involving Loft Properties LLC for Asbestos violations at 15 Kearney Square in Lowell. As a result of a complaint received on 2/26/09 regarding ongoing improper asbestos removal and disposal. MassDEP subsequently determined that asbestos abatement had occurred at 15, 17, and 36 Kearney Square in Lowell on or about August 2007 without notification to the Department as required by the regulations. In addition, MassDEP determined that demolition, renovation, and/or construction occurred at 491 Dutton Street in Lowell without notification. The company was the owner of the properties in question. Loft has agreed to pay $8,000 of the Penalty within 90 days, and MassDEP has agreed to suspend $8,050 for one year pending full compliance with the Order.

8/24/09: MassDEP entered into a Consent Order with Presti Family Limited Partnership for Water Supply violations in Stow. Today's Order provides an enforceable schedule for the development of an approved non-transient, non-community public water system (PWS) at 92 Great Road in Stow to serve the businesses renting at this location, including a child daycare center. Today's Order requires the owner to operate the on-site water supply well as an approved PWS. Additionally, in accordance with the requirements, the facility must hire a certified operator, carry out a monitoring program, meter water usage, complete cross-connection requirements, and provide documentation to determine if any type of treatment for the PWS is required. The owner also agrees not to expand to increase the number of persons served, and to either tie into an alternative PWS by 9/1/11, or cease being a PWS at that time. This action will ensure that the approximately 60 persons utilizing this PWS will receive water that is safe and fit to drink.

8/21/09: MassDEP issued a $19,320 Penalty Assessment Notice to 78-82 Atlantic Avenue in Boston and a Unilateral Order to the Wharf Nominee Trust, Philip Y. DeNormandie, Trustee, for failing to have a Chapter 91 (Waterways) license for the Boston Sail Loft Café and Bar, located on flowed and filled private tidelands of the Boston Harbor. The Order requires that Philip DeNormandie, as Trustee, apply for the proper Chapter 91 license for the Sail Loft and then conform the structure to the license, which would require building a public walkway around the structure for public access.

8/21/09: MassDEP executed a Consent Order with a $4,660 Penalty involving Aramark Uniform Services for Industrial Wastewater violations at 110 Glenn Street in Lawrence. During an unannounced inspection of Aramark Uniform & Career Apparel, MassDEP found the company's failed to apply for a MassDEP sewer connection permit while discharging greater than 50,000 gallons per day combined sanitary and industrial flow. Also, the company did not have an operation & maintenance manual for its on-site industrial wastewater pretreatment system, and did not have revised and modified engineering plans for its system. Aramark has agreed to pay the Penalty and apply for the proper sewer connection permit, paying two times the permit application fee. Aramark will also prepare an O/M manual, and revise and modify its engineering plans.

8/21/09: MassDEP issued a Boil-Water Order to the Gloucester Water & Sewer Division in Gloucester. A turbidity problem at the Babson Water Treatment Plant on 8/15 resulted in Gloucester having a diminished ability to produce finished water for a few days. During this time, the water level in the city's main storage tank dropped greatly and the city had to buy water from adjoining towns. By 8/21, MassDEP obtained results of bacteria testing that detected total coliform bacteria at multiple locations, including rounds of repeat testing but e coli was not detected. Gloucester was having difficulty restoring an adequate chlorine residual to the distribution system, and no residual was detected at most bacteria monitoring locations. MassDEP therefore issued the Order.

8/21/09: MassDEP was notified that the former owner and operator of Associated Processor Service (APS), a medical waste disposal company in Natick, pleaded guilty in Middlesex Superior Court on charges he unlawfully stored and disposed of medical waste, and unlawfully dumped hazardous waste, including mercury, down the drain of his Mechanic Street facility. Edward P. Small, of Dover, pleaded guilty to violating the Hazardous Waste Management Act (7 counts), the Clean Water Act (2 counts), the State Sanitary Code (2 counts), and the Solid Waste Management Act (1 count). He was sentenced to 18 months in the House of Correction with the sentence suspended for a probationary period of five years. Small must also pay $50,000 into a trust set up by the Attorney General's office that will pay for some of the cost of remediation of the former APS facility; for prosecution expenses; and for continued training & legal education in the area of environmental enforcement. The case was investigated by the Environmental Strike Force, which worked closely with the Massachusetts Water Resources Authority, in obtaining a criminal search warrant, and covert surveillance cameras to uncover important information regarding Small's disposal activities.

8/20/09: MassDEP entered into a Consent Order with a $500 Penalty involving Central Systems Company, Inc. for Hazardous Waste Management violations in Bridgewater. MassDEP conducted a site inspection on 6/11/09 and observed hazardous waste regulations violations relative to generator notification requirements. MassDEP had previously explained the notification requirements and sent the required forms to the company. Central Systems Company Inc. has since submitted the required forms, registering as a small quantity generator of waste oil. MassDEP applied the Small Business Policy to mitigate the penalty.

8/20/09; MassDEP issued a Boil-Water Order to Old Farm Road Water Trust for Water Supply violations at 15 Old Farm Road in Dover. Four bacteria samples collected from the water source and distribution system on 8/18/09 all tested positive for total coliform bacteria and negative for e coli. Seven repeat samples collected on 8/19/09 were all positive for total coliform bacteria and negative for e coli. The certified operator has undertaken steps to chlorinate the well and replace the vent screen. The operator reported that outdoor spigots had been opened in the effort to move chlorinated water throughout the distribution system.

8/20/09: MassDEP issued a Consent Order with George Makrigiannis for Waste Site Cleanup violations at 371 Beacon Street in Somerville. Specifically, the violations involved failure to meet deadlines and today's Order extends the deadline for submittal of the phase four (implementation of cleanup plan) report until 11/1/09. Today's Order also includes a stipulated penalty provision for any missed deadline.

8/19/09: MassDEP issued a Boil-Water Order to Pilot Travel Centers, LLC at 400 Hayes Street in Sturbridge, a non-transient, non-community public water system which serves approximately 250 customers. The contract operator notified MassDEP that all six repeat total coliform samples collected in the distribution system and the source confirmed positive for total coliform. The sample locations with the positive results indicated that the total coliform was widespread in the system and not an isolated incident. While the system is not routinely disinfected, MassDEP determined that this was a severe violation for bacteria, and the microbiological contamination posed a threat to public health. Through today's Order the system is required to immediately provide disinfection to the water supply, and to notify persons by hand delivery and other means to boil their tap water or use water from an alternate source until further notice. The Order also required additional sampling, evaluation as to the cause of the violation, and corrective actions to be carried out under the direction of MassDEP. This action will result in protection of the approximately 250 customers served by this system.

8/14/09: MassDEP issued a Boil-Water Order to the town of Lanesboro following review of reports documenting both total coliform bacteria and e coli. bacteria in the Berkshire Spring public water system. Berkshire Spring serves a consecutive public water supply which has disinfection. Berkshire Spring also directly serves three homes without disinfection. The Town's Berkshire Spring has experienced total coliform detections since late 2007 and the town has been subject to various enforcement actions since that time.

8/13/09: MassDEP issued a Demand for a $1,160 Suspended Penalty to Cumberland Farms, Inc., for continuing violations at its Allston and Chelmsford locations. MassDEP previously executed a Consent Order with Cumberland Farms, Inc. for Stage II violations at their Allston and Chelmsford facilities. That Order required Cumberland to pay an $8,610 Penalty, of which $7,450 was paid. The remainder of the penalty was suspended for one year provided that the company returned to and remained in compliance. Follow-up inspections of the above named facilities in March and May of 2009 revealed that neither facility had all of their Stage II testing paperwork available for review, in violation of the Order.

8/13/09: MassDEP issued a Unilateral Cease-and-Desist Order to Scott and Elaine Barbato for Wetlands violations in Foxboro. The Barbatos have been ordered to cease and desist wetlands alterations and install erosion controls. The property owners had constructed a boulder retaining wall and graded a slope in the Riverfront Area within the Canoe River Area of Critical Environmental Concern without permits under the Wetlands Protection Act.

8/10/09: MassDEP issued a Boil-Water Order to Milford Water Company (MWC) in Milford. MWC is a community public water system serving approximately 27,100 customers. On 8/8/09, MWC notified MassDEP that two routine bacteria samples were confirmed positive for total coliform and one sample was positive for e coli. On 8/8, MWC notified MassDEP that six repeat samples collected on 8/7, were also total coliform positive but negative for e coli. MWC is in noncompliance with the acute MCL for total coliform and the violation may pose an acute risk to public health from short term exposure. Through today's Order, MWC is required to provide public notice to boil the water until further notice and increase disinfection in the distribution system. Today's Order also requires additional sampling and corrective action activities, under the direction of MassDEP staff, to determine and correct the cause of the violation. This action will result in protection of the approximately 27,100 customers served by this system.

8/7/09: MassDEP Commissioner Laurie Burt issued a Final Decision on Wetlands violations at 33 Southern Boulevard, Plum Island, in Newbury. The Decision, regarding Edward Mazur and his residential property settles an appeal of a formerly issued "cease and desist" Order issued by MassDEP. Violations were found on the site included the removal of a previously existing structure, constructing a new structure on the existing foundation and performing other work on a coastal dune and in the buffer zone to coastal beach on a barrier beach in non-compliance with an Order of Conditions that had been issued, and in non-compliance with the Wetlands Protection Act regulations. The Order requires crawlspace foundation modifications be implemented to bring the house into compliance with current regulations and the state's building code. Also, the coastal dune must be restored as required. There are also stipulated penalties for failure to meet the requirements.

8/7/09: MassDEP entered into a Consent Order with a $1,000 Penalty involving John J. Samek for Air Quality and Hazardous Waste Management violations in Hardwick. Samek was generating waste oil, but was not registered with MassDEP as a generator as required. In addition, Samek had conducted open burning of refuse in noncompliance with the Air Quality regulations. As part of the settlement agreement, Samek will pay $500 and $500 will be suspended pending compliance with the terms of the Order.

8/7/09: MassDEP issued a Demand for a $950 in Suspended Penalties to Pittsfield Plastics Engineering, Inc. in Pittsfield. DEP issued a demand for suspended penalty after an inspection and additional investigations, found the company was in noncompliance with MassDEP's Hazardous Waste Management regulations and Air Pollution Control regulations. To resolve the noncompliance, an Administrative Consent Order had been executed on 11/3/08, wherein a portion of the penalty was suspended pending compliance. The company was required to maintain records of Volatile Organic Compound (VOC) usage over a six-month period and submit the records to MassDEP by 4/15/09. MassDEP issued today's demand in the amount of $950 for the company's failure to submit the requisite VOC usage records.

8/7/09: MassDEP issued a Unilateral Order to Mary Robinson for Solid Waste and Air Quality violations at the Cecil Smith (inactive) landfill in Dartmouth. The site is off Old Fall River Road and is in violation with solid waste regulations regarding post closure requirements, disruption/disturbance of landfilled areas and noncompliance with Air Quality regulations. The order requires that the owner immediately cease excavation activities into the landfill and immediately implement a site safety plan. The owner is also required to submit a remedial action plan to MassDEP within 30 days.

8/6/09: MassDEP and the Registry of Motor Vehicles executed a Consent Order with a $24,000 Penalty involving Spiros Energy & Auto Repair, Inc., of Salem, for violations of the Motor Vehicle Emissions & Inspection Maintenance Regulations. Spiros Energy is licensed by the Registry to conduct motor vehicle safety and emissions inspection. After analyzing data from the state's vehicle inspection database, MassDEP found inconsistent vehicle data for 12 emission inspections, indicating the occurrence of improper and illegal emission inspections. MassDEP and the Registry also conducted follow-up inspections of the facility. Today's Order suspends the license of Spiros Energy for two years with all of that time stayed and suspends payment of $18,000 of the penalty, provided there are no further improper inspections.

8/4/09: MassDEP entered into a Consent Order with an $11,780 Penalty involving Lakeside Vista, LLC, for Waste Site Cleanup violations at 599 North Avenue in Wakefield. Lakeside Vista, LLC, is owner and operator of the site where it has failed to undertake approved Immediate Response Action activities in a timely manner to address releases of oil at the site, causing and exacerbating subsequent releases of oil to Lake Quannapowett, and failed to remove remediation waste from the site within 120 days. Lakeside Vista agreed to pay $7,000 of the Penalty, with an additional $4,780 suspended pending compliance with the terms and deadlines in the Order.

8/4/09: MassDEP executed a Consent Order with an $8,630 Penalty regarding Jack Elias, LLC, for Waste Site Cleanup violations at 468 Lowell Street in Peabody. Jack Elias, LLC is the owner of the property where failure to remove contaminated soil from within an area subject to an Activity and Use Limitation (AUL) without notification to MassDEP was undertaken. Such soil excavation is prohibited by the AUL on the site. Also, the property owner failed to maintain pavement over the AUL area. Jack Elias, LLC has now agreed to pay $5,000 of the Penalty with $3,630 suspended pending compliance with the Order.

8/4/09: MassDEP issued a Unilateral Order (Amended) to Lanesborough Board of Selectmen MassDEP issued an amended Unilateral Order to the Lanesborough Board of Selectmen to address ongoing bacteria detections in the Berkshire Spring source and system. The Town owns the source and provides water to a consecutive system which installed disinfection and the Spring directly serves homes without disinfection.

8/4/09: MassDEP issued a Boil-Water Order to Berkshire Park Camping Area for Water Supply violations in Worthington. MassDEP issued the Order due to the facility operations without adequate oversight, source protection, water quality monitoring and treatment. The owners operated the facility in violation of a previously issued Unilateral Administrative Order.

8/3/09: MassDEP entered into a Consent Order with RIFL Realty Trust for Drinking Water violations in Shrewsbury. Under today's Order provides an enforceable schedule for development of an approved non-transient, non-community public water system (NTNC) at its property located at 167-175 Memorial Drive in Shrewsbury. The property contains mixed use office and warehouse buildings served by four wells that collectively trigger the requirements for a public water supply. Today's Order requires the owners to operate the on-site wells in accordance with the requirements for a NTNC, 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. This action will ensure that anyone served by this Public Water System will continue to receive water that is safe and fit to drink.

8/3/09: MassDEP entered into a Consent Order with RIGR Realty Trust for Drinking Water Program violations and RIGR Realty Trust of Shrewsbury. Today's Order provides an enforceable schedule for development of an approved non-transient, non-community public water system (NTNC) at its property located at 151-165 Memorial Drive in Shrewsbury. The property contains mixed use office and warehouse buildings served by four wells that collectively trigger the requirements for a public water supply. Today's Order requires the owners to operate the on-site wells in accordance with the requirements for a NTNC, 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. This action will ensure that anyone served by this Public Water System will continue to receive water that is safe and fit to drink.

8/3/09: MassDEP executed a Consent Order with a $2,500 Penalty involving David Jick for Waste Site Cleanup violations at 25 Demar Road in Lexington. Jick is owner of the property at 25 Demar Road where violations were noted including failure to meet cleanup deadlines set out in a Notice of Noncompliance issued by MassDEP on 2/13/09. Today's Order requires a phase one assessment report and a tier classification (continuing cleanup) or a response action outcome (fina) statement by 7/30/10. There is also a stipulated penalty provision for any missed deadlines.

8/3/09: MassDEP entered into a Consent Order with a $1,000 Penalty involving Burt's Furniture Stripping, Inc. for Air Quality and Hazardous Waste Management violations in Springfield. The company generates waste methylene chloride, but was not registered with MassDEP as a generator of hazardous waste. Small amounts of paint-related waste material were being mixed with sawdust and disposed of with the company's trash. The company was also operating a paint spray booth that did not meet the construction and operational requirements and the company did not submit the required "Plan Approval" application to MassDEP. As part of the settlement agreement the company will pay $600 and $400 will be suspended pending demonstrated compliance with the terms of the Order.

8/3/09: MassDEP executed a Consent Order with a $3,055 Penalty involving Crown Beverage Packaging USA, for Industrial Wastewater violations at 155 Shepard Street in Lawrence. During an unannounced inspection at this facility, MassDEP found Crown had failed to apply for a MassDEP sewer connection permit while discharging greater than 50,000 gallons per day (combined) of sanitary and industrial flow and did not have a current and updated operation and maintenance manual for its on-site Industrial Wastewater Pretreatment System (IWPS). The facility also did not have revised and modified engineering plans for its IWPS. Crown has agreed to the Penalty and will apply for the proper sewer connection permit, paying two times the permit application fee. Crown will also update its manual, and revise and modify its engineering plans for its IWPS.

8/3/09: MassDEP executed an Administrative Consent Order with Don Lia, the owner/operator of the property located at 171-187 King Street in Northampton for Waste Site Cleanup violations. Lia had requested a six-month extension to the deadline for submittal of the phase two and three assessment reports. Lia stated that extra time was needed to delineate the extent of contamination, and explained that there were access issues with an abutter. Today's Order establishes a new deadline of 9/30/09 for submittal of the phase two and three, as well as a deadline of 3/10/10 for submittal of the phase four remedy implementation plan. Today's Order also contains stipulated penalties in the event of missed deadlines.

8/3/09: MassDEP executed a Consent Order with a $17,750 Penalty involving Five Acre Farm, LLC, for Waste Site Cleanup violations at its facility in Northfield. This wholesale flower grower failed to immediately notify MassDEP of a release of sixty gallons of #2 fuel oil that occurred on or about 11/25/08, and failed to perform the required Immediate Response Actions (IRA) to recover the released oil. The release occurred due to the failure of an aboveground storage tank serving a greenhouse at the Farm. The spilled oil impacted soil in the vicinity of the tank, entered storm drainage at the site during a rain event, and discharged to an off-site wetland area. MassDEP became aware of the release on 12/8/08 after a hunter observed oil odors on his dog while hunting at the adjacent Pachaug Wildlife Management Area. MassDEP personnel inspected the wetland and Five Acre Farm property on that date. Additionally, MassDEP personnel observed that several hundred cubic yards of debris, primarily pallets, had been deposited into a ravine adjacent to the wetland area, causing impacts to resource areas governed by the Wetlands Protection Act. After being advised of its responsibility to complete response actions to address the oil release, Five Acre Farm retained an environmental cleanup contractor, and is currently completing cleanup of the release. In resolution of the matter, Five Acre Farm has agreed to pay $10,000 of the Penalty. MassDEP has agreed to suspend $7,500 of the Penalty pending successful completion of a Supplemental Environmental Project (SEP). Under this SEP, Five Acre Farm will conduct four environmental outreach and education sessions for commercial flower growers at biannual meetings of the Massachusetts Flower Growers Association. Five Acre Farm will also complete cleanup of the fuel oil spill, remove pallets and other debris from the ravine, and evaluate the on-site stormwater drainage system at the Farm.

8/3/09: MassDEP entered into a Consent Order to Pondview Square Condominium I Trust for Water Supply violations at Pond View Square in Tyngsboro. Pondview Square Condominium I Trust constructed, operated and maintained a public water supply without prior approval from MassDEP, violating the Drinking Water Regulations. The Trust has agreed to bring the system into compliance.

July 2009

7/31/09: MassDEP issued a Boil-Water Order to Myriad Ballroom at 6 Nipmuc Road in Mendon. This transient non-community public water system supplies drinking water for function events serving up to 600 customers. On 7/24, the contract operator notified MassDEP that four of five repeat total coliform samples collected in the distribution system and the source confirmed positive for total coliform. The sample locations with the positive results indicate that the total coliform is widespread, and not an isolated incident. This system is not routinely disinfected. MassDEP has determined that this is a severe violation for bacteria pursuant to MassDEP policy, and the microbiological contamination poses a threat to public health. The facility was immediately required to boil or use bottled water for consumption and food preparation and begin emergency chlorination of the system. Through today's Order system is required to post public notice of requirements to boil water or use bottled water until further notice. Additional sampling and corrective action activities are required under the direction of MassDEP staff, including raising the wellhead and submittal of a coliform sampling plan for the facility. This action will result in protection of the public served by this system.

7/30/09: MassDEP executed a Consent Order with a $36,915 Penalty regarding Dr. James Manganello as trustee of Belmont Manor Realty Trust, for Waste Site Cleanup violations at 1707 Massachusetts Avenue in Lexington. The Trust is the owner of the property where the violations were for failure to submit Remedial Monitoring Reports (RMR) and Immediate Response Action (IRA) status reports on 11/6/08 and 5/6/09. Further, the Trust failed to submit a new phase two Comprehensive Site Assessment on 9/13/08 as required in a notice of noncompliance issued by MassDEP on 3/13/08. Today's Order requires the missing RMRs and IRA to be submitted by 8/29/09 and the new phase two by 4/15/10. MassDEP has agreed to suspend $31,915 pending compliance with cleanup deadlines.

7/28/09: MassDEP entered into a Consent Order with a $19,920 Penalty involving U-Haul Company of Massachusetts and Ohio, Inc., d/b/a U-Haul Company of Boston. MassDEP found the operator of the truck storage and maintenance facility at 985 Massachusetts Avenue, Boston, for Waste Site Cleanup violations, specifically, failure to notify MassDEP on 9/28/08, of a release of gasoline from vehicle fuel tanks. The company failed to conduct timely Immediate Response Actions to address that release. MassDEP has agreed to suspend $9,920 of the Penalty pending compliance.

7/23/09: MassDEP entered into a Consent Order with ACME Laundry, based in Hyannis, for Waste Site Cleanup violations at its property at 497 Orleans Road in Chatham. ACME failed to comply with the deadlines established in a Notice of Noncompliance issued by MassDEP. During an audit of the cleanup actions conducted here, MassDEP identified violations, specifically, the requirements applicable to the Activity & Use Limitation at this property. In a Notice of Audit Findings & Notice of Noncompliance, a 60-day deadline was established for the correction of these violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations including that ACME will submit a revised closure outcome by 11/25/09.

7/23/09: MassDEP issued a Do-Not-Drink the Water Order to Woodhaven Elderly Housing at 2 Village Way in Sherborn after three total coliform positive samples taken from the distribution system and one total coliform positive sample taken from the entry point to the distribution system. As this may pose an unacceptable risk to consumers, Woodhaven Elderly Housing will be on a "DO NOT DRINK" and immediately place temporary disinfection on-line at all active sources and distribution locations, including storage tanks, and perform one-direction flushing of the system in accordance with applicable laws and regulations. Woodhaven Elderly Housing is required to collect repeat samples for total coliform analysis at the locations and frequency approved by MassDEP, including raw water, entry point, routine distribution system locations, or other specified locations. Such sampling shall continue daily until MassDEP determines that the principal incident or reason for the violation has been corrected and the water no longer poses a risk to health.

7/23/09: MassDEP entered into a Consent Order with a $20,000 Penalty involving Dorothy and Ronald W. Campbell for Asbestos violations in Wilbraham. The violations occurred at a rental property they own. MassDEP's action is the result of receiving a complaint from a tenant that Ronald Campbell had illegally removed asbestos thermal insulation from a boiler to facilitate its replacement and had placed trash bags full of asbestos-containing waste at the curbside without following the necessary asbestos notification, handling and disposal procedures. During the removal activity, vibrations of the pipes that extend from the boiler room into the complainant's basement level apartment caused the asbestos to delaminate and fall onto the floor of the apartment. In addition, MassDEP found pieces of remnant asbestos thermal insulation on the basement stairs, and boiler demolition debris bearing remnant asbestos thermal insulation on the ground outside the boiler room entrance. At the MassDEP's directive, Campbell has retained a licensed asbestos abatement contractor to clean up the property. MassDEP has agreed to suspend $8,000 of the Penalty pending full compliance for a one-year probationary period.

7/22/09: MassDEP entered into a Consent Order with a $2,000 Penalty involving Ralph Cerundolo as Trustee of RC Realty Trust for Waste Site Cleanup violations at 1092 Massachusetts Avenue in Arlington. As owner of the property the Trust failed to meet deadlines set out in an earlier Consent Order executed 11/29/07. Today's Order requires a phase two report by 6/30/10, a phase three report by 12/30/10, a phase four report by 6/30/11 and a response outcome by 12/30/11. Today's Order contains a stipulated penalty provision for any missed deadlines.

7/20/09: MassDEP issued an Administrative Consent Order with a $16,500 Penalty to Butternut Basin, Inc. to address excessive water withdrawals for snowmaking at its Ski Area. The withdrawals exceeded the registered and permit authorized volumes from ponds and a well. Butternut Basin, Inc. had been issued enforcement for a similar violation for its water withdrawals in the year 2005. MassDEP has agreed to suspend the entire $16,500 of the Penalty pending compliance. In addition, the company will submit a plan and permit amendment submittal for future use if use exceeds existing limits.

7/17/09: MassDEP issued a Boil-Water Order to the Joslin Diabetes Center, Inc. regarding its Elliot P. Joslin Camp located at 150 Richardson Corner Road in Charlton. This is a transient non-community public water system that serves approximately 170 customers. The contract operator notified MassDEP that five of six repeat total coliform samples collected in the distribution system and the source confirmed positive for total coliform. The sample locations with the positive results indicate that the total coliform was widespread in the PWS, and not an isolated incident. The system is not routinely disinfected. MassDEP determined that this is a violation for bacteria and the microbiological contamination poses a threat to public health. The facility immediately switched to bottled water for drinking and food preparation. The systems is required to notify persons by hand delivery and other means to boil the water until further notice, and it has implemented emergency disinfection in the distribution system. Additional sampling and corrective action activities are required under the direction of MassDEP staff: This action will ensure the provision of clean water to approximately 2,600 customers served by this system.

7/17/09: MassDEP entered into a Consent Order with a $30,000 Penalty regarding Ian Burke as trustee of Dover Farm Realty Trust for Waste Site Cleanup violations at 1 Chestnut Street in Dover . As owner and/or operator of the property the Trust failed to meet deadlines set out in notices of noncompliance issued by MassDEP on 7/20/07 and 11/4/08. Under today's Order, the Trust is required to submit a tier classification submittal or a (final) response action outcome by 7/30/10. MassDEP has agreed to suspend $25,000 of the Penalty pending full compliance. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.

7/16/09: MassDEP executed a Consent Order with a $2,875 Penalty involving Micozzi Management, Inc. for Surface Water Discharge violations at the Town Lyne Village Apartments located at 290 Berlin Street in Clinton. MassDEP personnel inspected the apartment complex and determined that untreated sewage had been released from the facility to an adjacent wetland area. The sewage had been pumped into the wetland from a manhole on the property during the process of removing a clog in the privately-owned sewer line at the facility. In addition to the Penalty, the company agrees to submit, for MassDEP approval, a standard operating procedure manual that outlines the proper procedures it will follow when addressing sewer blockages in order to prevent the future release of sewage to the environment.

7/15/09: MassDEP entered into a Consent Order with a $30,000 Penalty involving Paul Crowley and Rosemary Nolan as trustees of 26 Alley Street Realty Trust in Lynn. The trustees of this property were cited for Waste Site Cleanup violation, specifically failure to meet deadlines issued on 1/29/07 and as executed on 9/17/08. Today's Order requires a tier classification submittal or response outcome by 10/30/09. MassDEP has agreed to suspend $25,000 of the Penalty pending compliance while also providing for stipulated penalty provision for any missed deadlines.

7/14/09: MassDEP issued a Unilateral Order to The Barn at Turtle Pond, Inc. for microbiological contaminants in this public water supply. Palmer. The owner, Glenn Ridley has agreed to close the public water supply in the event of an emergency. MassDEP issued the Order to address an acute violation for microbiological contaminants. E. coli and total coliform were detected in samples collected from the facility's drinking water. The Order requires closure or approved operation under boil water conditions (including public notice) and an investigation of the source with appropriate corrective actions. MassDEP was on-site to investigate the proximity of a beaver pond to the well.

7/13/09: MassDEP entered into a Consent Order with a $1,802.90 Penalty involving WeCare Transportation, LLC, for Waste Site Cleanup violations in Pittsfield. WeCare Transportation failed to immediately notify MassDEP of a 40-gallon hydraulic fluid spill that occurred on 11/15/08. The spill occurred as the result of a hydraulic fluid hose on a WeCare truck delivering solid waste to the facility. MassDEP was not notified of the release until 11/17/08. WeCare personnel and personnel from Covanta completed cleanup of the spill immediately after it occurred. WeCare has since retrained its employees on notification requirements for, and responses to, any releases of oil and hazardous materials. WeCare will also implement a Supplemental Environmental Project (SEP) in which the company will provide oil and hazardous materials cleanup equipment, including oil absorbent materials, to the Pittsfield Fire Department. The value of the SEP is $5,197.10. MassDEP completed a similar enforcement action with Covanta, the facility operator, in May 2009.

7/10/09: MassDEP entered into a Consent Order with a $6,610 Penalty involving the Swansea Water District for Drinking Water violations. Swansea Water District constructed a new water treatment facility at the corner of Vinnicum Road and Warhurst Avenue in Swansea. A final inspection of the facility revealed that changes were made to the facility design that had not been approved. Changes made to the chemical storage room resulted in the elimination of proper chemical spill containment. Today's Order requires the respondent to design proper containment measures, submit a written proposal for Department approval, and construct the containment. MassDEP has agreed to suspend the full Penalty pending compliance.

7/10/09: MassDEP issued an Administrative Consent Order to Triple M Homes Corporation for Water Supply violations in Warren. Under today's Order, the corporation agrees to address its repeated detections of total coliform bacteria, including investigation and corrective action requirements.

7/10/09: MassDEP entered into a Consent Order with a $6,500 Penalty involving Mark & Nancy Niedbala for Wetlands violations in Hadley. The violations involved the excavation of drainage ditches on their property, which impacted <5,000 square feet of an adjacent bordering vegetated wetland (BVW). Under today's Order, Niedbalas are required to restore the site by 9/30/09 including the impacted BVW. MassDEP has agreed to suspend the entire penalty contingent upon Niedbala complying with the requirements of the Order and the regulations (the Wetlands Protection Act) for a two-year period 7/9/09: MassDEP entered into a Consent Order with a $9,700 Penalty involving Edward's Corp. LLC (of Marshfield) for Asbestos violations at 251 Alden Street in Whitman. The company conducted demolition of a building at that address which contained asbestos containing cement ("transite") shingles and floor tiles. This represented a violation of several air quality, asbestos and solid waste regulations. The violations included failure to notify MassDEP prior to demolition/renovation of asbestos containing materials; failure to use proper asbestos work practices; and, contracting for disposal of a solid waste material at a facility that is not approved to manage the particular type of solid waste. MassDEP agreed that $7,275 of the Penalty will be suspended provided that Edward's completes a Supplemental Environmental Project (SEP). This SEP shall include Asbestos Inspector training for selected employees of ABC Disposal. In addition, the company will draft and release a public service announcement regarding the public health and safety concerns associated with demolishing and removing a building that contains asbestos products. The remainder of the penalty, $2,425 shall be paid to the Commonwealth.

7/8/09: MassDEP entered into a Consent Order with Southfield Water Company for Water Supply violations in New Marlborough. Under today's Order the company agrees to address necessary system improvements to prevent water losses and ensure adequate sources and storage for its customers in accordance with the regulations.

7/8/09: MassDEP executed a Consent Order with NAI Corporation for Waste Site Cleanup violations at 485 Broadway in Revere. MassDEP found that the company failed to submit phase reports, pertaining to the status of how the cleanup was progressing within the deadlines. MassDEP previously issued a notice of noncompliance regarding these missed deadlines on 4/16/09. New deadlines have now been established in order to return this site to compliance with the submittal of phase two and three reports by 12/15/09. In addition, there are stipulated penalties of $1,000 per day per violation for violations of this agreement.

7/7/09: MassDEP entered into a Consent Order with Waters Technologies Corporation for Air Quality violations in Taunton. The facility at 177 Robert Treat Paine Drive conducted a self-audit and voluntarily disclosed that the facility's potential emissions of nitrogen oxides (NOx) from fuel burning equipment including boilers and HVAC equipment, an emergency generator and a regenerative thermal oxidizer to be greater than the major source threshold of 50 tons per year. The facility has an existing Non-Major Comprehensive Plan Approval which limits the facility's NOx emissions to less than 46.9 tons per year which the facility's actual emissions never exceeded. The facility agreed to submit a Non-Major Comprehensive Plan Application and to restrict the emissions of NOx so that it is below 'major source' threshold.

7/2/09: MassDEP entered into a Consent Order with a $1,500 Penalty involving the town of Westport for Wetlands violations at East Beach Road in Westport. Specifically, the Town of Westport Highway Department altered the form of the barrier beach along East Beach Road by creating a berm from sand, gravel and cobble excavated from the adjacent beach without obtaining an order of conditions (permit). The town has agreed to cease this activity, pay the Penalty and will perform a Supplemental Environmental Project (SEP). Under this SEP, the town will develop written procedures to ensure proper compliance with environmental laws and regulations and will employ a consultant to perform mandatory training sessions on environmental compliance.

7/1/09: MassDEP issued Notices of Noncompliance (NONs) to 79 generators of solid waste and 22 waste haulers as part of its Hauler/Generator Waste Ban Enforcement Initiative. The NONs were issued for violations of the Massachusetts waste bans, which prohibit the disposal of certain materials at landfills or combustion (waste-to-energy) plants. These waste-ban materials include easy-to-recycle and toxic materials including paper, cardboard and paperboard; bottles and cans; leaves and yard waste; lead acid batteries; whole tires; cathode ray tubes (CRTs); and more. MassDEP is contacting generators that received NONs to offer them assistance in complying with the waste bans.

7/1/09: MassDEP entered into a Consent Order with Buggy Whip Realty Corporation of New Marlborough for Water Supply violations in New Marlborough. The corporation has agreed to address the operation of its public water system, either to register as a public water system and/or to provide an opportunity for it to connect to another public water system.

7/1/09: MassDEP issued a Notice of Demand for Payment of $8,000 of a Suspended Penalty to Jhanvi Hospitality, LLC (Jhanvi) of Lexington, MA for violation of a Consent Order executed on 9/10/08. During a complaint investigation of a commercial building located in Springfield (MA) on 12/11/07, MassDEP found that Jhanvi - the building owner acting as the general contractor - had improperly removed asbestos-containing flooring during demolition and renovation operations in that building. As part of the 9/10/08 Consent Order, MassDEP assessed a $30,000 penalty to the company for violations of the state asbestos removal and handling regulations. MassDEP agreed to suspend $8,000 of the $30,000 penalty for one year, provided that the company complied with the terms of the Consent Order. Today's Demand requires Jhanvi to pay the entire suspended penalty for failure to comply with the Consent Order.

June 2009

6/30/09: MassDEP issued a $30,000 Penalty Assessment Notice to KNE Realty Trust for Waste Site Cleanup violations in Gardner. MassDEP found the Trust failed to conduct the necessary actions for a release of oil and/or hazardous material at the disposal site formerly known as Mailman Steam Cleaners in Gardner. Specifically, the Trust failed to submit either a tier classification relative to the cleanup of the site, or the (final) response action outcome statement within the deadlines established. MassDEP had previously issued a notice of responsibility to the Trust in 2003, a notice of noncompliance in 2007 and 2008, and a notice of an enforcement conference in 2009. KNE Realty Trust did not respond to these notices. The Trust has been assessed today's Penalty for failure to take action.

6/30/09: MassDEP issued a $23,360 Penalty Assessment Notice to L & L Towing for Waste Site Cleanup violations in Templeton. L & L Towing, which is located in Guilford, Vermont, failed to conduct the necessary actions for a spill of oil that occurred as a result of a truck accident at the intersection of Route 68 and Route 202 in Templeton, Massachusetts. Specifically, L & L Towing neither submitted a Release Notification Form, an Immediate Response Action Plan, and either a tier classification or (final) response action outcome statement regarding this spill within the deadlines established. MassDEP issued a Notice of Responsibility to the company in 1996, and a notice of noncompliance in 2008, and a notice of enforcement conference in 2009. L & L Towing has not returned to compliance in response to any of these notices.

6/30/09: MassDEP issued a $33,860 Penalty Assessment Notice to Therriault Trucking, Inc. for Waste Site Cleanup violations in Boxborough. Therriault Trucking, Inc. of Pelham, New Hampshire, failed to conduct the necessary actions for a spill of oil that occurred as a result of a truck accident on Route 495 Southbound in Boxborough. Specifically, Therriault Trucking failed to submit a release notification form, an immediate response action plan, and final response action outcome statement relative to this spill and within the deadlines established. MassDEP had previously issued a notice of responsibility to Therriault Trucking, Inc. in 2000, a notice of noncompliance in 2008, and a notice of enforcement conference in 2009. Therriault Trucking has not returned to compliance in response to any of the notices.

6/30/09: MassDEP executed a Consent Order with Rutland Plaza, Inc, for Waste Site Cleanup violations in Hubbardston which establishes a deadline for completion of the required tier classification or submittal of a final response action outcome statement. The company's property located at 12 Old Westminster Road was included in MassDEP's compliance initiative project. In response to a recent notice of noncompliance, Rutland Plaza requested an extension which is incorporated into today's Order. Rutland Plaza has agreed to submit a tier classification and final response outcome by no later than 6/30/09.

6/30/09: MassDEP entered into a Consent Order with a $2,000 Penalty involving Clean Harbor Environmental Services, Inc. for Air Quality violations in Worcester. Clean Harbors of Norwell was cited for violations involving excessive vehicle idling on 3/19/09 when MassDEP observed two unattended trucks with engines idling for over 20 minutes on Madison Street in Worcester. This is a repeat violation cited previously in a 2006 notice of noncompliance. In addition to the Penalty, today's Order requires the company to re-train all of its drivers on the Massachusetts idling regulations. The company has stated the installation and proper operation of an automatic engine turnoff is mandatory.

6/30/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving Thomas Holopainen for Water Pollution Control violations in Hubbardston. MassDEP found Holopainen had allowed his certification as a septic system inspector to lapse, but continued to perform inspections. Today's Order requires that Holopainen cease all activities requiring a valid system inspector certification until such time that he has re-taken and passed the system inspector training examination and obtained the required certification before conducting any further inspections. Through today's Order, Holopainen has agreed to notify all property owners who received inspections he conducted during the period when his certification had expired. MassDEP has agreed to fully suspend the Penalty provided that Holopainen complies with the terms of the Order and remains in compliance for one year. This action will ensure the public is served by professionals who bear current certifications.

6/30/09: MassDEP executed a Consent Order with a $43,750 Penalty involving Bri-Mar Farm Site for Wetlands violations at 69 Moody Bridge Road in Hadley. Brian Zuckerman, Martha Zuckerman, Bruschi Brothers, Incorporated were identified as responsible for the violations including alteration of site streams, pond, bordering vegetated wetlands in preparation for construction of a 44-lot subdivision without a valid (permit) order of conditions as required. The violations were discovered after a review of site information was made in comparison to published wetlands photo/maps. Today's Order requires restoration of a stream at the site. In addition, the parties have agreed to a below-market value sale of the 60 acre site to the Trust for Public Land (TPL), a non-profit organization for the purpose of protecting the area as open space. The TPL is expected to transfer the property to US Fish & Wildlife as part of the Conte Refuge in the Connecticut River Watershed. MassDEP has agreed to suspend $33,750 of the Penalty pending full compliance with the Order.

6/30/09: MassDEP executed a Consent Order with a $5,000 Penalty regarding Erickson Cranberry Bogs for Wetlands violations at 77 Beach Street in Middleboro. The alteration was identified by the MassDEP's Wetlands Loss Project. The violation involved the expansion of a cranberry bog into a reservoir. The respondent has already removed the fill material and restored the reservoir.

6/30/09: MassDEP entered into a Consent Order with a $3,737.50 Penalty involving Fairhaven Shipyard Companies, Inc. for Surface Water Discharge violations in Fairhaven. MassDEP in response to a complaint found that Fairhaven Shipyard allowed industrial waste water from pressure washing of marine vessels to discharge into New Bedford Harbor. Today's Order requires short-term measures to minimize impacts and construct a system to collect the industrial waste water for discharge to the Fairhaven sewer system.

6/25/09: MassDEP executed a Consent Order with Auto Body, Inc., for Waste Site Cleanup violations in Fitchburg. Today's Order establishes a deadline for the submission of either the required tier classification of the site conditions/cleanup, or a response action (final) outcome statement demonstrating no-further-action necessary at the site. The site was included in MassDEP's compliance initiative project. In response to a recent notice of noncompliance, Pride Auto Body requested an extension which is incorporated into today's Order Pride Auto Body has agreed to submit a tier classification submittal or outcome by 6/30/09.

6/25/09: MassDEP entered into a Consent Order with Shaker Place Offices, LLC, for Water Supply violations in Sutton. Today's Order establishes an enforceable schedule for the development of an approved Non-Transient Non-Community (NTNC) public water supply system for operation at this property. The Order further requires Shaker Place Offices to operate the on-site well in accordance with the requirements for a NTNC Public Water System which includes the hiring of a certified operator, carrying out a monitoring program, submission of a required permit application for the existing water treatment system, and recording the system on the deed. Today's Order, puts in place an agreement not to expand the facility with the existing water supply source without prior approval from MassDEP. This action will ensure that the approximately 50 workers served by this NTNC Public Water System will continue to receive water that is safe and fit to drink.

6/25/09: MassDEP entered into a Consent Order with a $12,652 Penalty involving GJB Construction Services, Inc. for Waste Site Cleanup violations in Charlton. GJB, of Spencer, failed to properly notify MassDEP following the release of non-PCB mineral oil at the Miniature Tool & Die, Inc. property located at 15 Trolley Crossing Road in Charlton. On 10/3/08, Miniature Tool & Die, Inc. (Miniature) engaged GJB to remove a machine at the Site. The release occurred while GJB was removing the machine from the site when the machine accidently tipped over inside the roll-off container in which it was being transported from the site. An estimated 50 gallons of mineral oil was released from the machine into the roll-off container, and then onto a paved surface and adjacent soil. GJB notified Miniature immediately of the release and deployed absorbent pads, then disposed of the used pads in an unlabelled trash barrel at the site. Miniature hired CMG Environmental, Inc. (CMG) to respond to the release and provide LSP services. MassDEP was not notified of the release by CMG until 10/6/09. As a result of its failure to notify MassDEP of a sudden release of mineral oil within two hours, its failure to perform a timely Immediate Response Action, and for improperly disposing of remediation waste, GJB has agreed to devise and implement spill management plan. MassDEP has agreed to suspend $9,652 of the Penalty pending full compliance with the terms of the Order, under the provisions of the Small Business Policy.

6/25/09: MassDEP issued a $25,800 Penalty Assessment Notice to Douglas Howarth of Pepperell for failing to conduct the necessary assessment and/or cleanup of a disposal site, the former A & E Forklift facility located at 70 Fitchburg State Road in Ashby. Howarth failed to submit a tier classification or (final) response action outcome statement for the release at that location within the deadlines established. Howarth failed to return to compliance with that requirement after receiving two notices of noncompliance and a notice of enforcement conference issued by MassDEP.

6/25/09: MassDEP entered into a Consent Order with an $8,625 Penalty involving Lorusso Corp., for violations in Plainville. The violations occurred at its quarry and composting facility located off Cross Street in Plainville. Lorusso Corp. accepted short paper fiber from Hollingsworth and Vose Company of Walpole, Massachusetts between January 2004 and October 2007. Lorusso Corp. mixed the short paper fiber waste with soil generated from the compost operation that was then offered for sale. Lorusso Corp. failed to receive an approval of suitability from MassDEP prior to reuse/selling/distributing of the short paper fiber sludge. Lorusso has agreed to comply with all applicable regulations in the future and MassDEP has agreed to suspend $6,469 of the penalty provided Lorusso Corp. completes a Supplemental Environmental Project (SEP). Under that SEP, the company agrees to provide the City of Attleboro with construction materials for repairing the Manchester Pond Reservoir Dam.

6/25/09: MassDEP issued an $8,700 Penalty Assessment Notice to Sturbridge Finance Limited, Inc., and Muhmud Awan, individually and as president of the Sturbridge Finance Limited, Inc., for Waste Site Cleanup violations in Charlton. Those cited failed in the responsibility to respond to two other notices of noncompliance issued by MassDEP requesting a return to compliance by conducting response actions pursuant to a notice of audit findings. The requirements that were not met included a failure to determine exposure point concentrations in all potentially affected media, and a failure to determine the nature and extent of contamination.

6/22/09: MassDEP entered into a Consent Order with Aberjona Realty Trust Waste Site Cleanup violations at 331 Montvale Avenue in Woburn. Following an audit of a downgradient property status submittal which Aberjona filed but which was determined to be insufficient. Deadlines have now been set for the submission of a tier classification, a revised phase two, a revised phase three and phase four and final response action outcome have been extended in today's Order through July, 2010. Because Aberjona raised the issue of extending the deadlines before they expired, no Penalty was assessed.

6/22/09: MassDEP issued a Unilateral Order to Holiday Inn for Water Supply violations in Boxborough after receiving notification from a contract operator on 6/19/09, that a treated water routine distribution sample had a confirmed positive result for E. coli. A repeat sample confirmed the positive for total coliform and E. coli, and three other samples were presumptively positive. Following a verbal order to the contract operator to perform specific actions, a written Order to Holiday Inn Boxborough followed, which required, among other things, that it notify all users of the system to "Do Not Drink the Tap Water or Use for Food Preparation Purposes".

6/19/09: MassDEP executed a Consent Order with Woods & Waters, Inc., due to Water Pollution Control violations in Sturbridge. The company, doing business as Yogi Bear's Jellystone Park, has agreed to correct violations of the facility's ground water discharge permit. MassDEP noted the violations at the campground located in Sturbridge. Today's Order establishes a schedule for the owners to bring the wastewater infrastructure at the campground into compliance with the regulations through either the submission of permit applications to develop a groundwater discharge, or by downsizing the facility to remain within Title 5 design flow requirements. Under the terms of today's Order the owners will develop an interim operation plan for the existing on-site disposal system for MassDEP's review and approval. The interim plan will include how the owner will routinely inspect and, if needed, upgrade the on-site disposal systems to ensure proper operation until it can be phased out. This action will result in the proper treatment of 35,910 gallons per day of wastewater.

6/19/09: MassDEP issued a $32,197 Penalty Assessment Notice to Cook Land Clearing, Inc., for Air Quality and Solid Waste Management violations at its Milford Street in Upton. Following a fire on 6/20/07 at the facility which required responses from numerous local fire departments, MassDEP inspected the facility and noted the violations. As a result of an inability to successfully agree on the terms of a Consent Order with Penalty, MassDEP has today issued the Penalty.

6/19/09: MassDEP issued a $7,575 Penalty Assessment Notice to Gerald P. Caya for Wetlands violations in Northbridge. Caya, of Sutton, was cited both individually and as Trustee of J&S Caya Realty Trust, for the violations that occurred on his property located at 76 Sutton Street in Northbridge. MassDEP observed that Caya had filled and graded land located within the buffer zone of Rockdale Pond, and had altered the area around the Pond and shore line. Caya did not apply for or receive a permit (order of conditions) for any of this work. Attempts by MassDEP to reach a negotiated settlement under the terms of an Administrative Consent Order with Penalty with Caya have been unsuccessful. This action will result in the restoration of 50 feet of lake shore and associated buffer zone.

6/19/09: MassDEP issued a $32,197 Penalty Assessment Notice to Jennifer M. Cook Company, Inc., for Air Quality and Solid Waste Management violations at the company's Milford Street facility in Upton. In response to a fire at the facility on 6/20/07, which required responses from numerous area fire departments, MassDEP inspected the facility and noted the violations. As a result of an inability to successfully agree on the terms of an Administrative Consent Order with Penalty, MassDEP issued today's Penalty.

6/18/09: MassDEP entered into a Consent Order with Mark B., Jane, and Leon N. Andrews regarding Wetlands violations in Hubbardston. The violations occurred at their property located off Gardner Road, in Hubbardston. MassDEP inspected the property and determined that work conducted at the site had resulted in erosion and sedimentation to wetland resource areas at four different locations within the property (The contractor responsible for these violations is currently in litigation with MassDEP). Under today's Order the Andrews have agreed to correct the violations according to a schedule that will restore the altered wetland areas under a plan to be approved by MassDEP. This action will result in the restoration of a total of one-half acre of bordering vegetated wetlands, 2,500 square feet of land under water bodies, and 5,000 square feet of riverfront area.

6/18/09: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Miniature Tool & Die, Inc. due to Waste Site Cleanup violations in Charlton. The violations occurred following a release of non-PCB mineral oil at its property on 10/3/08. The release occurred from a machine being removed from the Site by GJB Construction Services, Inc. (GJB). The machine accidentally tipped over inside the roll-off container when it was being transported from the site. An estimated 50 gallons of mineral oil was released from the machine into the roll-off container, and then onto paved surface and adjacent soil. GJB notified Miniature immediately of the release and deployed absorbent pads, then disposed of the used pads in an unlabelled trash barrel at the site. Miniature hired CMG Environmental, Inc. (CMG) to respond to the release and provide professional services. MassDEP was not notified until 10/6/08, a violation. Under the terms of today's Order, Miniature - in addition to the Penalty - has agreed to devise a spill management plan. In addition to the notification violation, Miniature failed to perform a timely immediate response action plan and improperly disposed of remediation waste.

6/18/09: MassDEP issued a $3,000 Penalty Assessment Notice to Commonwealth Rehabilitation and Nursing Center of Ayer Partnership, for Waste Site Cleanup violations at its facility in The Partnership failed to respond to a notice of noncompliance and a notice of enforcement conference. MassDEP notified the Partnership with a notice of audit findings that it needed to take response actions to return to compliance. Attempts to bring the facility back into compliance have been unsuccessful. The Partnership did not respond to the audit findings, or to the notice of enforcement conference. The violations involve the failure to determine exposure point concentrations in all potentially affected media, and a failure to determine the nature and extent of contamination.

6/18/09: MassDEP issued a $30,000 Penalty Assessment Notice to Raymond Glover for Waste Site Cleanup violations in Shirley. Gasoline contamination was discovered at the site in 1989. Under the regulations at that time, the responsible party sought and obtained a waiver of approvals allowing Glover five years to complete the assessment and cleanup without MassDEP oversight. However, Glover did not proceed with the work. On 11/12/03, MassDEP issued a notice of noncompliance to Glover. On 2/29/08, MassDEP issued a notice of enforcement conference and subsequently met with Glover on 3/27/08 in an attempt to resolve the matter. Glover did not provide information requested by MassDEP in a follow up and has not begun to conduct the required work. On 3/12/09, MassDEP issued a notice of response action informing Glover of its intention to task a state contractor to assess the extent of contamination. On 3/12/09, MassDEP also issued a second noncompliance notice to Glover who has not responded to either nor has he returned to compliance.

6/18/09: MassDEP issued a $22,212.50 Penalty Assessment Notice to Edward C. Leahy for Water Pollution Control (Title 5) violations in Holden. MassDEP determined that Leahy performed at least twenty-one Title 5 system inspections after his certification as a system inspector had lapsed. A number of the 21 inspection reports prepared by Leahy failed to provide an estimation of the seasonal high groundwater. Attempts by MassDEP to reach a negotiated settlement with Leahy have been unsuccessful. This action will ensure the public is served by professionals who bear current certifications.

6/18/09: MassDEP issued a Unilateral Order to Edward C. Leahy for Water Pollution Control (Title 5) violations in Holden. MassDEP, after finding Leahy performed at least twenty-one Title 5 system inspections after his certification as an inspector had lapsed, MassDEP issued today's Order to cease and desist from performing any further inspections, and to notify current owners of all properties where he performed inspections after his certification had lapsed.

6/18/09: MassDEP entered into a Consent Order with a $966 Penalty involving Dartmouth Power Associates, L.P., for Hazardous Waste Management violations in Dartmouth. MassDEP conducted a multi-media inspection of the facility and found violations for generating hazardous waste in excess of registered status and shipping waste using incorrect manifests. The facility agreed to comply with the requirements of the regulations going forward.

6/18/09: MassDEP issued a Unilateral Cease-Work Order to Om Temple, Inc., for Wetlands violations at Boston Road in Billerica. The organization owns this property, and was under review for a possible superseding order of conditions allowing work on the property. On 5/29/09 MassDEP sent a letter to Om Temple notifying them of the need to file notification with the Massachusetts Environmental Policy Act Office ("MEPA") requesting additional information and that no activity could commence on any of the Wetlands resource area in question. Then, on 6/15/09, in response to a complaint, MassDEP inspected the property and observed activities had been performed within riverfront area to the Concord River and bordering land subject to flooding. Activities were observed to have also been performed in the 100-foot buffer zone to bordering vegetated wetlands. The work includes clearing within the riverfront area for a temporary tent and platform, clearing within the buffer zone and BLSF for a 700-foot-long, 10-foot-wide access road, and clearing and laying down of gravel within buffer zone for a parking area. Today's Order requires that Om Temple immediately cease and desist from conducting any activity on the site within Wetlands jurisdiction unless specifically directed or authorized. Also, Om Temple must, within seven (7) calendar days, remove the temporary platform and tent from the Wetlands jurisdiction area and provide written confirmation of such removal to MassDEP.

6/17/09: MassDEP entered into a Consent Order with the town of Bellingham for Water Supply violations. The Order will assist the town by temporarily allowing or authorizing higher rates of pumping from one town water supply well to offset losses from two other wells that are unexpectedly out of service.

6/17/09: MassDEP entered into a Consent Order with the town of Bellingham for Water Supply violations. Under today's Order, the town will temporarily exceed its approved maximum daily withdrawal volume at Well #12 to avert a water shortage. Two of Bellingham's wells (#7 and #8) have been off-line due to water quality complaints as a result of an increase in iron and manganese in the raw water, and operation and maintenance issues at its Hartford Avenue Water Treatment Plant. The Town is unable to meet peak summer demand in the absence of wells #7 and #8. The Town has submitted a permit application to increase its permitted withdrawal volume from Well #12, but a pumping test and the results won't be available until after the peak demand summer months. Today's Order recognizes the importance of wells #7 and #8, and establishes a schedule for the completion of repairs at the plant to meet the allowable limit for iron and manganese and returning these wells to service prior to any final authorization to increase the permitted maximum daily withdrawal volume. The Town is also required to implement and enforce water- use restrictions through 10/1/09. These actions will ensure the15, 200 residents served by the public water supplier will continue to receive water that is safe and fit to drink.

6/16/09: MassDEP entered into a Consent Order with an $11,500 Penalty regarding Action Emergency Services, Inc., for Wetlands violations at 1087 Broadway in Revere where the company's business office and yard is located. In response to a complaint, MassDEP inspected the site on 11/7/08 and found that unauthorized activity performed by employees of the company including placement of fill, movement and grading by heavy equipment and storage of wood debris and other fill resulted in encroachment and alteration destroying approximately 1,200 square feet of salt marsh and 40 linear feet of bank on an unnamed intermittent stream. Unauthorized activity was also performed in the buffer zone. Today's Order requires full restoration of the salt marsh and bank, long-term monitoring, and, payment of the Penalty.

6/16/09: MassDEP entered into a Consent Order with a $17,859 Penalty involving the city of New Bedford for Solid Waste violations at its Shawmut Avenue landfill. A site inspection revealed the following violations: heavy vegetation of trees and brush on slopes and swales, areas on this capped and closed landfill had standing water, gas vent turbines missing, areas with no grass established, biennial inspections had not been conducted and inspection reports had not been submitted. The City will perform a Supplemental Environmental Project (SEP) to cover the entire penalty amount. Within 12 months of the date of the order, the city will retrofit its heavy equipment with catalytic converter and mufflers. Also, a minimum of fifty-five mature trees will be planted in one or more areas within the city.

6/15/09: MassDEP entered into a Consent Order with the city of Somerville and the Somerville Redevelopment Authority for Waste Site Cleanup violations at 93 Highland Avenue in Somerville. As owners of the former Kiley Barrel Site (which includes 0 Prospect Street, 20-22 Prospect Street, 264-266 Somerville Ave, 9 and 10 Milk Place, 8, 14 and 16-20 Bennett Street in Somerville), the city and Authority failed to submit phased cleanup reports and achieve a final response action outcome within the deadlines established in a notice of noncompliance issued by MassDEP on 5/26/04. New deadlines have now been established under today's Order which will return the site to compliance with the submittal of a final outcome by 6/25/11.

6/15/09: MassDEP entered into a Consent Order with a $5,000 Penalty with the town of Belmont for Drinking Water violations. The town failed to conduct lead service line replacement program in 2008 in accordance with the regulations. MassDEP has agreed to suspend $3,500 of the Penalty pending compliance with today's Order.

6/15/09: MassDEP entered into a Consent Order with a $17,430 Penalty involving Quebecor Retail Printing Company for Air Quality, Water Pollution Control and Hazardous Waste violations in Taunton. MassDEP conducted a multimedia inspection at the company and found it had not complied with permit requirements governing operation of their control technology, regenerative thermal oxidizers. They had an unpermitted industrial wastewater discharge and had several issues of noncompliance. Today's Order requires Quebecor to operate their control equipment in full compliance with their air quality permits, correctly handle their industrial wastewater and come into compliance with all applicable regulations.

6/15/09: MassDEP entered into a Consent Order with a $9,249 Penalty involving Decas Cranberry Products, Inc., for Air Quality, Water Pollution Control, Hazardous Waste and Toxics Use Reduction Act violations in Carver. A multi-media inspection of the facility found exceedence of (wastewater) discharge monitoring limits, failure to submit discharge monitoring reports and conduct sampling, modification of the wastewater treatment system. Today's Order also addresses its air emissions record-keeping requirements; toxics use reduction reporting requirements and Hazardous Waste requirements. In addition to paying a $9,249 Penalty the facility has agreed to implement a Supplemental Environmental Project with a value of $27,748. Under the SEP, the company agreed to install process to the industrial wastewater treatment system's equalization tank in November 2009 and to include this as part of its submittal of their permit renewal/ modification. Secondly, under the SEP, the company will install two new pumps to replace five pumps as part of the respondent's waste minimization program and to reduce electricity demand.

6/12/09: MassDEP entered into a Consent Order with a $10,549 Penalty involving Stacy's Pita Chip Company for Air Quality violations at its Randolph facility. Stacy's Pita Chip Company conducted a self-audit and voluntarily disclosed that they operated equipment associated with the manufacture of pita chips and bread products resulting in emissions of volatile organic compounds in excess of five (5) tons per year without a MassDEP air permit. The company has agreed to bring the facility into compliance and to pay the Penalty.

6/11/09: MassDEP entered into a Consent Order with a $16,000 Penalty involving J. Melone & Sons, Inc., for Waste Site Cleanup violations in Stow. The company failed to comply with the terms of an existing July 2007 Consent Order (and Amendment). J. Melone & Sons, Inc. failed to submit a final response action outcome by 9/30/08 as was established in the Amendment. Under the terms of the newest settlement document, the company has agreed to submit the required closure by 10/15/11.

6/11/09: MassDEP entered into a Consent Order with a $121,000 Penalty involving Pan Am Railway Inc., Boston & Maine Railroad Corporation, and Springfield Terminal Railway Company for Waste Site Cleanup violations in Deerfield. Massachusetts General Law chapter 21E (c.21E) and the Massachusetts Contingency Plan (MCP) regulate the assessment and remediation of hazardous materials releases. The railroad has agreed to the Penalty for on-going violations that have occurred throughout the last several years at the Deerfield Rail Yard, located in East Deerfield, and at the former Lake Asphalt facility, located on River Road. Violations of MassDEP regulations involve failure to undertake immediate response actions to assess and remediate hazardous materials releases in an expeditious manner, failure to fully and properly assess and remediate those releases, failure to complete timely response actions and assessments of the releases, failure to submit required status reports, and failure to comply with public involvement requirements for the assessment and remediation process. In addition to the Penalty, the Order requires the railroad to pursue remedial response actions at these two locations in a more timely and aggressive manner as well as fulfill their public involvement obligations.

6/11/09: MassDEP entered into a Consent Order with an $8,000 Penalty involving CONTECH Construction Products, Inc., for Hazardous Waste and Water Pollution Control violations in Palmer. The violations were discovered during MassDEP's inspection of the company's facility, the inspection revealed that the company was not meeting requirements involving the discharge of industrial wastewater to the ground. The company has fully cooperated with MassDEP, has been addressing these noncompliance issues. MassDEP has agreed to suspend $2,000 of the Penalty provided the company complies with terms of today's Order.

6/11/09: MassDEP entered into a Consent Order with a $4,300 Penalty involving Borden & Remington Corporation for Hazardous Waste Management violations in Fall River. A multi-media inspection by MassDEP found that Borden & Remington Corporation had accumulated a drum of waste oil in excess of the 180-day time period of accumulation without obtaining a storage license. The company also failed to properly label two (2) containers of waste oil, and failed to properly label its universal waste mercury-containing lamps. Today's Order ensures compliance with the Hazardous Waste requirements.

6/11/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving B&J Manufacturing Corporation for Hazardous Waste and Air Quality violations in Taunton. A multi-media inspection revealed that B&J Manufacturing Corporation was transferring hazardous waste to their transporter after the transporter's license had lapsed along with other hazardous waste management and air violations including: labeling, signage, aisle spacing, weekly inspections, waste determinations and records of air emissions from the process areas of the facility. MassDEP has agreed to suspend $4,750 of the Penalty. Today's Order ensures compliance with the requirements.

6/11/09: MassDEP entered into a Consent Order with a $6,000 Penalty involving Erving Paper Mills, Inc., for Hazardous Waste and Industrial Wastewater violations in Erving. The violations were discovered during MassDEP's inspection of the company's Erving facility. The inspection revealed that the company was not meeting requirements and had transported waste oil contaminated debris without possessing a hazardous waste transporter license and did not have a permit from MassDEP to discharge industrial wastewater to a the publicly owned treatment works. The company has fully cooperated with MassDEP, and has been addressing the noncompliance issues. The company has agreed to correct the violations.

6/9/09: MassDEP entered into a Consent Order with Foxboro Construction Company, Inc. for Waste Site Cleanup violations at 22 South Street in Foxboro. As owners of a property, Foxboro Construction initiated response actions at the site when soil contamination was discovered. However, on 3/23/09, MassDEP issued Foxboro Construction a notice of noncompliance for failing to complete response actions at the site in a timely manner. Foxboro Construction contacted MassDEP and indicated a commitment to complete work at the site, but required additional time in which to do so. Today's Order establishes deadlines for Foxboro Construction to complete response actions at the site.

6/9/09: MassDEP , Arctic Oil Co., Inc, 12 Washington Street, Lynn, (NERO): BWP - MassDEP entered into a Consent Order with Arctic Oil for Hazardous Waste Management violations at its 12 Washington Street facility in Lynn. Arctic Oil failed to provide proper containment for their outdoor waste oil storage tank. The facility also had not labeled the waste oil tank as required. The facility has corrected the violations. MassDEP has suspended $500 of the penalty if the facility to stays in compliance for one year.

6/9/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving Camp Kinderland for Water Pollution Control (Title 5) violations in Tolland. MassDEP found septic system violations at this seasonal recreational camp for children. Pursuant to the Consent Order, the camp will operate as a large Title 5 system, limit its maximum capacity and upgrade systems to ensure that all systems are outside of the interim wellhead protection area of its water supply wells. MassDEP has agreed to suspend the Penalty provided the camp meets the schedule for bringing the facility back into compliance.

6/9/09: MassDEP has entered into a Consent Order a $7,500 Penalty with Robert and Kevin Miller for Wetlands violations in Granby. The father and son Millers were found to have altered approximately 15,900 square feet of bordering vegetated wetlands at the Miller's primary residence. The Miller's, in addition to restoring the property, have agreed to pay $2,500 of the Penalty. The remaining $5,000 will be suspended pending compliance with the restoration work.

6/9/09: MassDEP issued a $7,500 Penalty Assessment and a Unilateral Order to Kevin Filion for Wetlands violations in Adams. MassDEP found Filion's actions resulted in unpermitted alteration of the riverfront area (tree cutting, 5,000 square feet) and failed to comply with local enforcement orders. Today's Order prohibits further alteration of the riverfront area, requires the submission of a restoration plan and execution of the plan after MassDEP approval. Today's actions were issued following several meetings with Filion and his refusal to resolve this through a consent agreement.

6/5/09: MassDEP executed an Administrative Consent Order with a $150,000 Penalty with Swissport Fueling, Inc. of Dulles, Virginia, for Hazardous Waste Management violations in Worcester uncovered during an investigation conducted MassDEP and the Environmental Strike Force in 2007. An investigation determined that Swissport Fueling offered sump jet fuel and aviation gasoline generated at its Worcester Municipal Airport facility to an unlicensed transporter who, in turn, burned the materials in space heating equipment located in its garage located in Leicester, Massachusetts. Under the terms of the settlement, Swissport Fuel agreed to pay a $125,000 of the Penalty, with the additional $25,000 suspended, pending implementation of an Environmental Management System (EMS) by the company. The EMS will be approved by MassDEP, and audited by an independent third-party auditor. Higher-level enforcement action against the Leicester-based garage has previously been completed.

6/5/09: MassDEP entered into a Consent Order with a $12,500 Penalty involving Gulf Oil Limited Partnership for Waste Site Cleanup violations at 281 Eastern Avenue in Chelsea. Specifically, the company conducted a Release Abatement Measure ("RAM") without MassDEP approval and failed to properly manage remediation waste during the construction of a new vapor-recovery unit at the Gulf facility. MassDEP agreed to suspend $5,000 of the Penalty pending full compliance with today's Order.

6/4/09: MassDEP executed a Consent Order with $13,313 Penalty involving Commercial Energy Management, Inc. for Asbestos violations in Southbridge. Commercial Energy Management, Inc., a Worcester-based and licensed asbestos contractor, was found to have violated MassDEP's Asbestos regulations as noted during a January 2008 inspection of a demolition/renovation project being conducted in Southbridge. Under the terms of today's Order, the company has agreed to comply with all applicable regulations in the future. MassDEP has agreed to suspend $7,313 for a period of one year provided the company has no additional violations.

6/3/09: MassDEP entered into a Consent Order with Scott J. Brandes for Waste Site Cleanup violations in Winchendon. Today's Order establishes deadlines for the completion of response actions for a release of waste oil that occurred at 201 School Street in Winchendon. Brandes had previously received from MassDEP a notice of noncompliance, and responded by requesting additional time to complete the work. The Order establishes the requested schedule and contains stipulated penalty provisions for any future noncompliance with the approved schedule.

6/3/09: MassDEP entered into a Consent Order with an $11,000 Penalty involving the town of Auburn and AGV Realty, LLC, for Wetlands violations in Auburn. The property is owned by AGV Realty located behind 917 Southbridge Street in Auburn. The realty company allowed the town of Auburn access to the property. MassDEP inspected the property and determined that town's highway department employees had dredged a stream and deposited the dredge material in adjacent bordering vegetated wetlands on the property. Today's Order requires the submission of a wetlands restoration plan to restore the filled wetlands area and the altered stream and bank. The plan must be approved by MassDEP prior to implementation, and requires that a wetlands specialist oversee the work and submit wetland monitoring reports to document the success of the restoration. Under the terms of the Order, the Town agreed to pay the Penalty. This action will result in restoration of 300 linear feet of stream and bank, and 2,000 square feet of wetlands area.

6/3/09: MassDEP executed a Consent Order with the City of Attleboro for Waste Site Cleanup violations in Attleboro. The city failed to meet deadlines established in a notice of audit finding, and notice of noncompliance issued by MassDEP that identified violations. Specifically, certain activity & use limitations that had been placed on this site. A ninety-day deadline was established for the correction of the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations.

6/3/09: MassDEP entered into a Consent Order with a $3,500 Penalty involving Fortistar Methane Group for Hazardous Waste and Air Quality violations at Gas Recovery Systems LLC in East Bridgewater. A multi-media inspection revealed that the company had on-site an unpermitted waste oil space heater, and had not included the space heater and a parts washer in its source registration. They had also not appropriately managed containers of hazardous waste, had not submitted a required manifesting exception report, and did not have an emergency coordinator in close proximity to the facility. In addition, they had not notified MassDEP of a change in contact information. Today's Order ensures compliance with the requirements, along with the removal of the waste oil space heater.

6/2/09: MassDEP entered into a Consent Order with Easton Housing Complex (Easton Housing Authority) for Ground Water Discharge violations in Easton. The Housing Authority (a Massachusetts Public Housing and Rental Assistance Authority) was discharging untreated wastewater in excess of 15,000 gallons per day without a permit. The discharge is located in the (protective) zone two of a nearby public water supply. The Easton Housing Authority is ordered to inspect all of the on-site septic systems and hire an engineer to repair all of the failed systems and begin the design for a new wastewater treatment facility.

6/1/09: MassDEP entered into a Consent Order with Gleason Sitterly for Waste Site Cleanup violations in Springfield. Sitterly has agreed to deadlines for completion of cleanup response actions for a release of oil from former underground storage tanks. Sitterly purchased the site in 2004 from the city of Springfield, which executed a statutory taking of the site from a previous owner for non-payment of real estate taxes. Sitterly received a notice of noncompliance relative to a final response action outcome statement submitted in 2004 and in response, has requested additional time to return to compliance. Today's Order establishes a schedule under which Sitterly can return this site to compliance.

6/1/09: MassDEP entered into a Consent Order with a $13,070 Penalty involving Chase Home Finance, LLC, for Waste Site Cleanup violations in Worcester. The company failed to hire a Licensed Site Professional (LSP) to conduct the proper Immediate Response Action (IRA) in accordance with the regulations. The company failed to meet minimum requirements for IRA assessment, failed to submit a release notification form or to meet the 60-day deadlines to submit its IRA plan. These actions were necessary following a sudden release of fuel oil into the basement of a foreclosed residence. The Worcester Department of Inspectional Services called MassDEP regarding reports of fuel oil near the residence. MassDEP responded and discovered that the release came from a leaking above-ground storage tank. MassDEP plugged the leak, deployed absorbents to the released oil, and called Chase to require that the company hire a cleanup contractor and undertake the required IRA. Chase hired TMC Services, Inc. to respond and perform cleanup activities, but failed to hire an LSP or perform full and appropriate additional response actions. Under the terms of today's Order, Chase has agreed to the Penalty and to hire an LSP and perform the required IRA assessment.

6/1/09: MassDEP executed a Consent Order with a $5,580 Penalty involving Peterson's Oil Service, Inc., for Air Quality (Stage Two Vapor Recovery) violations in Northbridge. Peterson's, which operates a diesel fuel dispensing facility located in Northbridge, failed to conduct its annual in-use compliance testing, failed to properly train employees in the proper operation of vapor-recovery equipment, failed to properly maintain the gasoline tank spill buckets, and failed to maintain appropriate records. In addition to the Penalty, under the terms of today's Order, the company will comply with applicable regulations in the future.

6/1/09: MassDEP executed a Consent Order with a $5,000 Penalty involving Peterson's Oil Service, Inc. for Air Quality (Stage Two Vapor Recovery) violations in Worcester. The company operates a retail gasoline and diesel fuel dispensing facility located on Providence Road in Worcester where it failed to conduct annual in-use compliance testing, failed to properly train employees in the proper operation of vapor-recovery equipment, failed to perform weekly inspections and failed to maintain appropriate records. In addition to the Penalty, under the terms of today's Order, the company will comply with applicable regulations in the future.

May 2009

5/28/09: MassDEP entered into a Consent Order with Seafood Shanty Realty Trust for the unauthorized expansion of the footprint of the restaurant at 31 Dock Street in Edgartown. The restaurant added two decks to the sides of the restaurant without authorization. The proponent has a pending Waterways application, which is currently under review for licensing.

5/26/09: MassDEP entered into a Consent Order with a $45,900 Penalty involving Atlantic Marine Boston (AMB), LLC for Hazardous Waste and Toxic Use Reduction violations at 32A Drydock Avenue in South Boston. The company uses the facility to paint and repair large ships. The violations included excess emissions. The limits were contained in its air quality plan approval for the facility to operate as a while being registered as a small quantity generator. The company failed to properly mark, label and contain the materials on-site and failed to file toxic use reports for 2005 and 2006. AMC has agreed to update its comprehensive plan application it previously filed with MassDEP and to comply with interim emissions limits. In addition the company will comply with the federal Shipbuilding and Ship Repair requirements and comply with Hazardous Waste Management regulations going forward, and to file the required Toxic Use Reports going forward (AMB has subsequently filed its 2005 and 2006 reports).

5/26/09: MassDEP entered into a Consent Order with a $24,750 Penalty regarding J.B.M. General Contractors, Inc for Asbestos violations in Sterling. The violations by JBM General Contractors of Burlington were observed at a demolition/renovation project that was being conducted at the town of Sterling's Municipal DPW facility located on Worcester Road. Under the terms of the Order, the Company will comply with all applicable regulations in the future, and pay $5,000.00 of the Penalty with the additional $19,750 suspended provided the company remains in compliance for one year.

5/26/09: MassDEP entered into a Consent Order with an $18,120 Penalty involving United Transport of East Longmeadow, Inc. for Waste Site Cleanup violations in Dudley. The company failed to provide notification, and for failing to perform a timely cleanup following a sudden release of ninety-seven (97) gallons of gasoline that occurred on 12/24/07 at Art's Service Station located on 5 West Main Street in Dudley. The release of gasoline occurred at night during the transfer of gasoline from a tanker truck to an underground storage tank at the station. Gasoline impacted a pavement parking lot located within close proximity of the French River. United Transport of East Longmeadow, Inc. agreed to pay $16,000 of the Penalty, and to review its spill management plan. An additional $2,120 of the Penalty is suspended provided that United Transport of East Longmeadow, Inc. does not repeat the violations within one year.

5/26/09: MassDEP entered into a Consent Order with the town of North Andover for Water Supply violations. The town failed to maintain pressures in the distribution system above 20 pounds per square inch in violation of the Drinking Water Regulations. The Town of North Andover has agreed and is required to construct a water booster pump station by 5/1/11.

5/25/09: MassDEP executed a Consent Order with a $1,000 Penalty involving Pembroke Realty #1 Trust for Waste Site Cleanup violations at 354 Third Street in Everett. As owner and/or operator of the property, the Trust failed to meet deadlines set out in an earlier Consent Order executed with MassDEP on 2/28/08. Today's Order requires a cleanup permit extension to be submitted by 6/30/09. Afterward, reports on the implementation of cleanup plans are due (phase three) on 9/30/09 and (phase four) by 12/30/09. A final response outcome is due no later than 6/30/11. Today's Order also contains a stipulated penalty provision for any missed deadlines.

5/25/09: MassDEP executed a Consent Order with Bechwati Properties, LLC for Waste Site Cleanup violations at 480 Concord Avenue in Cambridge. As owner and/or operator of the property, the company failed to meet deadlines established by MassDEP in a Notice of Noncompliance on 12/18/08. Today's Order requires a permit classification submitted by 5/31/09 an assessment (phase two) by 11/6/09 and additional selection (phase three) by 2/5/10, and implementation (phase four) by 8/31/10. Thereafter a final response outcome is due by 8/31/11. There is also a stipulated penalty provision for any missed deadlines.

5/21/09: MassDEP executed an Amendment to an existing Consent Order with an additional $2,000 Penalty regarding Ciro's Foreign Car Repair, Inc. for Waste Site Cleanup violations at 107 Broadway, Everett. Ciro's is the owner of the property where violations were found for failing to meet deadlines. Today's Order extends the deadline for submittal of the assessment reports (phase one and two) to 8/30/09.

5/21/09: MassDEP entered into a Second Amendment to an existing Consent Order with the former "Sunshine Laundry" site, 40 Rugg Road in Boston (Allston). The violations involved Eljen Corporation which made a request for extending one deadline. Immediate Response Actions have already been implemented. Under this Amendment the deadline for submitting a phase two assessment is extended to 1/8/10 and if applicable the phase three as well. All other deadlines and terms remain in effect, including the requirement for a final response outcome (or, if appropriate, a remedy operation status, or a downgradient property status) by 5/26/12.

5/21/09: MassDEP entered into a Consent Order with a $53,937.50 Penalty involving Joseph Arsenault of Worcester for Asbestos violations. Work done by Arsenault (doing business as J.A. Plumbing & Heating, Inc.) involved the replacement of a heating system at a Worcester residence in December of 2008. Under the terms of the Order, the Penalty is fully suspended after a successful demonstration of financial hardship conditions, and provided that Arsenault has no additional violations for one year.

5/21/09: MassDEP executed a Consent Order with VNUKI, LLC for Waste Site Cleanup violations as owner and/or operator of the property at 30 R Washington Street in Watertown. MassDEP issued a Notice of Noncompliance on 12/10/08 which VNUKI failed to meet. Under today's Order, VNUKI is required to submit a Tier II Extension Submittal by 5/15/09, the selection and implementation of a cleanup by 8/30/09 and 11/30/09. A final response action outcome is then due by 10/31/11 and a stipulated penalty provision for any missed deadlines.

5/20/09: MassDEP issued a Unilateral Order to Silvestro Calabrese, as trustee of Wigwam Sippewissett Trust, for Wetlands violations in Falmouth. The Trust was found to be working without a valid order of conditions (permit). The previous owner had obtained a final decision from MassDEP Commissioner validating the order of conditions (permit) but that expired on 6/23/07 and work continued at the site.

5/20/09: MassDEP entered into a Consent Order with a $5,750 Penalty regarding William Goddard in Littleton for violations involving his licensing as a septic system inspector. MassDEP determined that Goddard had allowed his certification to lapse, but continued to perform inspections. Today's Order requires Goddard to retake the system inspector training examinations to obtain the required certifications prior to performing any further inspections. Goddard has also agreed to notify all property owners who receive inspections during the time which his certification had expired. MassDEP has agreed to fully suspend the penalty provided that Goddard complies with the terms of the Order, and has no additional violations for one year. This action will ensure the public is served by professionals who bear current certifications.

5/20/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving Benjamin Hayes of Worcester for violations involving his licensing as a septic system inspector in Leicester. MassDEP determined that Hayes had misrepresented information on Title 5 (septic system) inspection reports for inspections he conducted on properties located in the town of Leicester. Under the terms of today's Order, and in addition to the Penalty, Hayes has agreed to permanently surrender his license as an inspector under Title 5, and to cease performing Title 5 inspections.

5/20/09: MassDEP entered into an Administrative Consent Order with a $12,000 Penalty involving Richard E. Terrill for Water Pollution Control violations in Bellingham. As trustee of the Longview Realty Trust, Terrill was in violation for failure to correct groundwater discharge permit violations occurring at its wastewater treatment facility serving the Maple Brook Condominiums. Under the terms today's Order, the Trust is allowed until December 2009 to complete upgrades and modifications to the treatment facility. As part of these actions, the Trust submitted a request for a permit modification to reduce the permitted discharge from 31,000 to 17,500 gallons per day. This action will result in the discharge of up to 17,500 gallons per day of properly treated wastewater.

5/20/09: MassDEP issued a $1,000 Penalty Assessment Notice to A.C.T. Abatement Corporation for Asbestos violations in Worcester. The violations involving work activities by A.C.T. of Lawrence were observed during a job being performed at Worcester State College's Administration Building on Chandler Street in Worcester.

5/20/09: MassDEP issued a $53,937.50 Penalty Assessment Notice to Christopher Bergeron of Worcester. The violations were observed during an inspection by MassDEP conducted at a multi-family residential building in Worcester where Bergeron was working.

5/19/09: MassDEP entered into a Consent Order with a $1,800 Penalty involving Covanta Pittsfield LLC, for Waste Site Cleanup violations in Pittsfield. Covanta Pittsfield, LLC, is the operator of the municipal incinerator and failed to immediately notify MassDEP of a 40-gallon hydraulic fluid spill that occurred on 11/15/08. The spill occurred as the result of a hydraulic fluid hose on a truck delivering solid waste to the facility. MassDEP was not notified of the release until 11/17/08. Covanta completed cleanup of the spill immediately after it occurred. In resolution of the violation, Covanta retrained its employees on notification requirements for, and response to releases of oil and hazardous materials. Covanta will also implement a Supplemental Environmental Project (SEP) in which the company will provide hazardous atmosphere monitoring equipment - a Rae Systems Multigas Plus meter with Volatile Organic Compound detection - to the Department of Fire Services, District V hazardous materials team based in Pittsfield. The value of the purchase for the team is $5,261.

5/18/09: MassDEP entered into a Consent Order with a $14,500 Penalty involving Berkshire Investments for Solid Waste and Wetlands violations at 1 Fairmount Court in Hyde Park (Boston). The site on Fairmount Court was used as a location to bring concrete rubble, a dumpster with televisions, and piles of tires and white goods, all without the proper site assignment permits. In addition, a wetland buffer zone was filled without the proper application or permit as required by the Wetlands Protection Act. Today's Order requires that the buffer zone fill be tested, and a remedy proscribed based on the results of the test. Also, Berkshire must cease and desist accepting solid waste at the site until a solid waste plan has been approved by MassDEP, which will include the removal of the solid waste from the site. MassDEP has agreed to suspend $6,500 of the Penalty pending full compliance with today's Order.

5/18/09: MassDEP entered into a Consent Order with the town of Wenham for Water Supply violations. The town was unable to consistently maintain drinking water that is free of microbiological contaminants, as evidenced by having microbiologic contamination in either of its water supply wells or within its distribution system for four (4) out of the previous eight (8) months. It was therefore not operating and maintaining its system in a manner that ensures the delivery of safe drinking water to consumers and is in violation of the Drinking Water Regulation. The town has agreed to assess and conduct corrective actions to bring the system back into compliance.

5/16/09: MassDEP entered into a Consent Order with a $40,750 Penalty involving the city of Lawrence for Water Supply violations. The city failed to collect, analyze and submit to MassDEP water samples for cryptosporidium, E. coli and turbidity. Under the terms of today's Order, the city has agreed to assess and initiate corrective actions, and MassDEP has agreed to suspend $15,750 of the Penalty provided all terms of the Order are met.

5/15/09: MassDEP entered into a Consent Order with Pages Realty, LLC, to ensure compliance with Waste Site Cleanup Regulations at 303 Tremont Street in Carver. Pages Realty is the new owner of a gas station at 303 Tremont Street. The previous property owner had initiated some cleanup activity at the site in response to leaking underground storage tanks. Today's Order establishes deadlines for Pages Realty to complete the response actions at the site.

5/14/09: MassDEP has assessed a $10,000 penalty to New England Lumber Specialties, Inc. for Solid Waste violations at the company's Day Street manufacturing facility in West Springfield. MassDEP received a complaint in May, 2008 alleging improper disposal activities had occurred at the property in 2005. The complaint alleged that asbestos panels had been buried behind the building, and that the area had subsequently been paved over. An excavation of the area revealed large amounts of asbestos-containing panels. In December, 2008l, the excavation and proper disposal of the materials was conducted.

5/13/09: MassDEP executed a Consent Order with Brandy Brow Auto Parts, Inc for Waste Site Cleanup violations at its Haverhill facility. As owner and/or operator of the property at Brandy Brow Road, the company failed to meet deadlines set out in a notice of noncompliance issued by MassDEP on 1/14/09. Today's Order requires the company to submit a tier classification (permit) extension by 5/15/09, followed by an assessment report by 5/15/10, and additional phased cleanup reports on 7/15/10, 10/15/10 with a final response outcome by 10/15/11. Today's Order also contains a stipulated penalty provision for any missed deadlines.

5/12/09: MassDEP executed a Consent Order with Daniel LaRue for Wetlands violations at 94 Northern Boulevard in Newbury. LaRue was previously issued a cease and desist Order on 3/19/09 for construction activity on the property in non-compliance with an expired order of conditions (permit). In addition, MassDEP found the unauthorized alteration of coastal dune profile, and, storage of construction materials and a portable toilet unit on previously vegetated coastal dune. The Order requires full coastal dune restoration, five years of monitoring and stipulated penalties for any non-compliance with provisions of the Order.

5/12/09: MassDEP executed a Consent Order with Vidal Garcia for Waste Site Cleanup violations at 528 Washington Street in Dorchester (Boston). Garcia as owner and/or operator of the property had submitted a release abatement measure plan for the site and MassDEP determined the assessment report did not define the extent of contamination on the property and failed to meet deadlines as established earlier on 2/5/09 when MassDEP issued a notice of noncompliance. Today's Order requires a revised assessment by 12/30/09, and, if applicable, revised clean up reports by 8/30/10, 11/30/10 and a revised response outcome by 12/30/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.

5/11/09: MassDEP issued Notices of Noncompliance (NON) to the following entities for failure to comply with their Groundwater Discharge Permit, specifically, the requirement to submit an annual financial report for their "Immediate Repair and Replacement Account" and "Capital Reserve Account." Each entity is required to submit their annual financial report by January 31st of each year. Each failed to provide the annual reports by 1/31/09. These entities are required to correct the violation by submitting their financial reports within 30 days:
- Brookside Mill Condominium Trust - Peabody
- Nashawtuc Country Club - Concord
- LNF Corp/Masconomet Healthcare Center - Topsfield
- Concord Country Club - Concord
- Sunrise Development, Inc - Lynnfield
- Highland Real Estate Development LLC - Weston
- Regency Place LLC - Wilmington
- Park Colony Condominium Associates - North Reading

5/8/09: MassDEP entered into a Consent Order with Ball Hill Realty, LLC, for Water Supply violations at 234 Ball Hill Road in Northborough. Today's Order establishes an enforceable schedule for the development of an approved Transient Non-Community (TNC) public water supply system for operation at the Tougas Family Farm in Northborough. The company agrees to operate the on-site well in accordance with the requirements for a TNC public water system which includes hiring a certified operator, carrying out a monitoring program, metering water usage, and recording the system on the deed. Through the Order, the owners agree not to expand the facility with the existing water supply source without prior approval from MassDEP. This action will ensure that the public served by the system will continue to receive water that is safe and fit to drink.

5/8/09: MassDEP executed a Consent Order with a $17,137.50 Penalty involving Michael Blanchflower for Asbestos violations in Boylston. Blanchflower, a home-improvement contractor out of Westminster is doing business as Blanchflower Construction. MassDEP observed the violations during a November 2007 inspection conducted in Boylston. Under the terms of today's Order, Blanchflower must comply with all applicable regulations in the future. The penalty is fully suspended after a satisfactory demonstration of the existence of financial hardship conditions and Blanchflower's inability to pay. There is a stipulated penalty provision for any future violations.

5/8/09: MassDEP entered into a Consent Order with a $6,680 Penalty involving Schmidt Equipment, Inc for Industrial Wastewater, Air Quality and Hazardous Waste Management violations in North Oxford. During an inspection conducted in September, the company was found to be discharging vehicle wash water (an industrial wastewater) outside without having obtained a MassDEP-issued groundwater discharge permit. In addition, the company failed to keep adequate records concerning its painting operations, and it failed to label containers of hazardous wastes. The company has agreed to maintain compliance with applicable regulations. Today's action will ensure there is no further unpermitted discharge of industrial wastewater.

5/7/09: MassDEP executed a Consent order with Alison's Cork and Bottle for Water Supply violations in Rehoboth. The company is a food establishment with an onsite water supply well. The establishment is pre-existing and the well is nonconforming to Massachusetts Drinking Water Regulations. Gerard Cadorette recently purchased the property in late 2008, the Rehoboth Board of Health notified MassDEP that the establishment is a potential Public Water System. Having recently purchased the property, Cadorette has agreed not to utilize the well for as a potable public water supply. In lieu of well water, bottled water has been used for all public potable use. Cadorette, the Board of Health, and MassDEP have all agreed that the best long term solution for the property is to register the site as a Public Water System. To ensure compliance with Massachusetts drinking water regulations Cadorette has today agreed to conduct extensive water quality sampling of the onsite well, obtain a certified drinking water operator, and meet several other conditions. No penalty was assessed due to Cadorette's cooperation and his agreement not to operate the establishment as an unregistered public water system.

5/7/09: MassDEP entered into a Consent Order with a $500 Penalty involving the All American Fence Company for Air Quality violations in Lee. MassDEP found the company was burning wood waste at its facility. The Tri-town (Lee, Lenox & Stockbridge) health agent notified MassDEP that the company was accumulating wood waste and was burning the material as a means of disposal. The company has agreed to conduct open burning only in conformance with the open burning regulations and paid $250. The remaining $250 will be suspended pending compliance with the Order.

5/7/09: MassDEP issued a Drinking Water Emergency to the Department of Conservation and Recreation for a public water supply spring located in the Mount Greylock State Reservation. MassDEP's Order and Declaration enables the use of trucked water or bottled water within a campground. The Declaration shall remain throughout the 2009 camping season, while DCR develops a public water supply source for the campground.
5/6/09: MassDEP executed a Consent Order with a $2,000 Penalty involving the town of Burlington for Drinking Water violations. The town spilled a significant amount of water treatment chemicals that which included the water treatment facility sedimentation basin. By doing, so town violated the Drinking Water Regulations.
5/5/09: MassDEP issued a Unilateral "Boil Water" Order to the city of Methuen for Water Supply violations. In response to major water main break which occurred in Methuen and resulted in service interruption to some customers, the City of Methuen was ordered to immediately "Notify All Consumers of the system's service area impacted by the main break TO BOIL ALL TAP WATER for one minute before using for drinking and cooking purposes, including water used for the making of ice and the brushing of teeth."

5/4/09: MassDEP entered into a Consent Order with a $10,500 Penalty involving the city of Beverly for Wetlands violations at 43 Airport Road in Beverly. MassDEP determined the violations at the Massachusetts Task Force 1 Facility (former Nike Site now owned by the city) through the Wetland Change Initiative using aerial photography. Upon inspection and investigation, staff found that approximately 30,000 square feet of bordering vegetated wetland (BVVW) was altered by removal of vegetation, grading, and placement of fill material. Work was also performed in the buffer zone. The city had not sought approval to work in the resource area, and had not received authorization for any resource activity. The city is required to fully restore the impacted BVW and buffer zone along with long-term monitoring. MassDEP has agreed to suspend the Penalty. In addition, an amount of $8,000 will be provided in the form of a Supplemental Environmental Project (SEP) consisting of phragmites eradication and beach planting at Rice's Beach in Beverly.

5/1/09: MassDEP entered into a Consent Order with a $32,000 Penalty involving Two Birch Road Realty Corporation for Waste Site Cleanup violations at 6-12 Birch Road in Middleton. As owner of the property and/or operator of the property, the company failed to meet deadlines set out in a Notice of Noncompliance of 8/24/06. Today's Order requires a permit extension to be filed, followed by phased cleanup reports beginning with assessment or phase two on 3/31/10; phase III by 12/30/10; phase four by 3/31/11; and, a final outcome by 6/30/11.

April 2009

4/30/09: MassDEP was informed by the Massachusetts Attorney General that a Consent Judgment was entered in Suffolk Superior Court to resolve the case brought against New Ventures Associates, LLC - the company conducting capping/closure actions at the Crow Lane Landfill in Newburyport. The judgment includes a Penalty of $230,000 with a portion subject to waiver if New Ventures complies with key interim milestones established within the closure schedule. Among other requirements, New Ventures must conduct a geotechnical evaluation of the foundation soils beneath the perimeter berm and then construct a critical portion of the berm within 90 days of MassDEP's stability approval. If the test results demonstrate that a design modification is necessary, the berm must be built within 90 days of MassDEP's approval of a new berm design stabilization plan. The remaining portion of the berm and capping of the entire landfill with an impervious liner must be completed before next winter with the final vegetative cover installed within the next year. In addition, the judgment includes strict performance standards for continued operation of the air pollution control equipment.

4/30/09: MassDEP was notified that a Preliminary Injunction was entered in Superior Court involving Wood Waste of Boston at 85-87 Boston Street in Everett. Wood Waste has agreed to remove all existing piles of construction and demolition (C&D) fines and residuals from its Everett facility within 105 days, and an adjacent parcel in Chelsea within 135 days. The preliminary injunction further requires Wood Waste to control odors and dust during the removal process to prevent nuisance conditions in the surrounding communities, and establishes procedures for Wood Waste to address complaints around the clock.

4/30/09: MassDEP entered into a Consent Order with Northrop Grumman Systems Corporation for Waste Site Cleanup violations at former Plant #3 at 100 Morse Street in Norwood. The company is required to take additional cleanup actions here to address potential vapor-intrusion impacts to the building on the property and to nearby residences from a release of chlorinated solvents that were not appropriately evaluated in previously-conducted environmental characterizations and risk assessment. Under today's Order, the company has agreed to the established deadlines for the performance of the additional site work in assessing potential vapor impacts to indoor air and submitting reports.

4/29/09: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Abrasive Blasting and Coatings, Inc. (and Robert E. Peltier as trustee of T.C.B. Realty Trust No. 1) regarding Air Quality violations observed at its Sutton Lane facility in Worcester. In response to a complaint received from (federal) E.P.A. representatives working near the plant in 2007, MassDEP had originally issued a Unilateral Order regarding these violations specifying corrective actions that needed to be taken. That Order was appealed and subsequently dismissed. Today's Order contains nine corrective actions to be taken including the installation of appropriate air quality control equipment. Today's Order also contains stipulated penalty provisions if the company does not comply with those requirements. Today's Order ensures that the excessive dust emissions caused by the blasting of large metal equipment at the facility will finally be adequately controlled, and further contamination of this property will be minimized.

4/28/09: MassDEP executed a Consent Order with Edward C. Whitney & Sons, Inc., for Waste Site Cleanup violations in Wilmington. Today's Order includes timelines for when phases of the cleanup must be completed and submitted including a final response action. This site has been noted in the Waste Site Cleanup database since 1987 and today's action will lead to final cleanup of petroleum contaminated groundwater and soil identified on the property.

4/28/09: MassDEP entered into a Consent Order with a $61,260 Penalty involving Equity Industrial Allied South LLC, Equity Industrial Allied South Limited Partnership, and South Shore Allied South LLC, for Asbestos violations in Southborough. As owners and developers of the former Hendries Ice Cream plant located in Southborough, the aforementioned companies were responsible for violations found in response to a referral from Southborough Fire Department. MassDEP inspected the facility in July 2008 and observed the building was under-going extensive interior demolition, and that asbestos-containing insulation was being removed without using proper, required work practice techniques. Additionally, uncontained, dry, friable asbestos-containing waste material was observed on floors inside the building, on the facility's loading dock, and in bags inside an open-top dumpster at the site. Under the terms of today's Order, the violators have agreed to comply with all applicable regulations in the future and MassDEP has agreed to suspend $12,612 of the Penalty provided the violators remain in compliance for a one-year period. Today's Order also contains stipulated penalty provisions for any future noncompliance.

4/28/09: MassDEP entered into a Consent Order with a $2,000 Penalty involving Rog-Nan, Inc., for Waste Site Cleanup violations at 399 Southbridge Street in Worcester. Previous cleanup at this site relied on a deed restriction to maintain cleanup conditions and prevent future exposure to residual contamination at its property. Rog-Nan, Inc failed to meet the requirements of the Activity & Use Limitation. Rog-Nan, Inc. has now worked with the current owner of the property and submitted a corrected Activity and Use Limitation on the property to address the cited violations.

4/28/09: MassDEP executed a Consent Order with a $7,273 Penalty involving DBI Waste Systems, Incorporated of Everett for Waste Site Cleanup violations in Chelsea. DBI failed to notify MassDEP within two hours after a release of hydraulic oil from a waste-hauling truck as is required. DBI Waste Systems has cleaned up the release and submitted all required documentation bringing the site - and all the required response actions - into compliance with state regulations. DBI Waste Systems, Incorporated has agreed to an administrative penalty of MassDEP has agreed to suspend $6,773 of the Penalty provided all terms of the Order are met.

4/27/09: MassDEP entered into a Consent Order with a $17,050 Penalty involving J. Lester MacLaughlin & Company, Inc., for Asbestos violations at 16 Highland Avenue in Lexington. MassDEP responded to a complaint from the owner of the home and during that inspection, determined that MacLaughlin, a contractor, had damaged the asbestos-containing materials during the investigation that caused the boiler failure. MassDEP has agreed to suspend $16,050 of the Penalty provided the company remains in full compliance for one year. Within 180 days MacLaughlin will insure that its full-time employees attend "Asbestos-Associated Project Workers" training. Further, that each employee will successfully have completed an asbestos awareness training program. MassDEP's Small Business Policy was utilized in reaching today's agreement.

4/27/09: MassDEP noted the Massachusetts Attorney General's Office entered final documents in court and received all signed settlement documents associated with the case against Western Mass Environmental, LLC of West Springfield and involving a $225,000 Penalty. WME had "leased" the hazardous waste transporter license of another company, the Auto Body Solvent Recovery Corporation of Boston, in an illegal subcontracting business arrangement. The violations were initially discovered by MassDEP in July 2007 when cleanup commenced following a substantial mill fire in Uxbridge. A subsequent investigation by MassDEP and the Environmental Strike Force verified the company had been acting as an unlicensed transporter for at least one year prior to that time. WME had applied for a transporter license through MassDEP in June 2007, but did not possess the license at the time the violations were discovered. Additional violations in the agreement and Final Judgment included: hazardous waste management actions not consistent with the company's registered status both at the current and prior location; providing false and inaccurate information on a manifest; violations of the Consumer Protection Act since the company had advertised "hazardous waste transportation" services on the side of its trucks, its business cards, and stationery when in fact, it did not hold a license by the Commonwealth. Today's Settlement Agreement involves the unauthorized transportation of hazardous waste (over 280 occurrences within the Commonwealth). In addition, $125,000.00 of that Penalty was suspended provided the company does not violate the terms of the Agreement or the regulations, and that it retains and uses the services of a consultant for two years to conduct Hazardous Waste Management compliance auditing of its facility and at its work sites.

4/24/09: MassDEP entered into a Consent Order with a $37,786.88 Penalty involving Entwistle's Garage, Inc. for Hazardous Waste Management violations in Leicester, specifically the unauthorized transportation and disposal or hazardous wastes. The Massachusetts Attorney General and MassDEP investigated in late 2006 and early 2007, determined that the company had transported hazardous waste from another company, Swissport Fueling, Inc. based in Worcester. Those materials were subsequently burned in space heating equipment at its Leicester facility. Swissport's waste stream was characterized as EPA-regulated hazardous waste due to the presence of lead and benzene, and did not meet the criteria that would allow it to be used as waste oil/used oil fuel. Additional violations included the company's having exceeded its registered status; failed to submit a one-time notification for recycling activity; and, transported hazardous waste in a vehicle without a valid vehicle identification number. Under the terms of today's Order, the company agreed to comply with all applicable regulations, and pay $17,500 of the Penalty. The additional $20,286.88 of the Penalty will be suspended under the provisions of MassDEP's Small Business Policy provided the company has no further violations for one year. [A separate enforcement action is on-going with Swissport Fueling, Inc.]

4/23/09: MassDEP executed a Consent Order with a $6,750 Penalty regarding P.J. Keating Company for Air Quality and Water Pollution Control Violations in Acushnet. Following a complaint of P.J. Keating Company's South Main Street facility, MassDEP observed particulate matter emissions from the stationary crushing plant causing a condition of air pollution off the property. A review of monthly discharge monitoring reports found that the company had exceeded its permit limits. Today's Order requires the company to bring the facility into compliance and refrain from future incidents of this type.

4/22/09: MassDEP entered into a Consent Order with a $3,750 Penalty regarding Par Electrical Contractors, Inc., for Clean Waters Act violations in Pelham. The company failed to obtain a Water Quality Certification prior to the placement of swamp mats for an electrical line maintenance project. Par as the contractor for the project allowed its subcontractor to place the swamp mats without permits and performed the electrical work using those mats. In addition to paying the Penalty, the company has obtained permitting for the project and appropriate mitigation has subsequently been completed.

4/22/09: MassDEP entered into a Consent Order with a $4,750 Penalty regarding Northern Land Clearing for Clean Waters Act violations in Pelham. The company failed to obtain a Water Quality Certification prior to the placement of swamp mats for an electrical line maintenance project. Northern was the subcontractor responsible for permitting and the placement of the swamp mats that were installed without permits. Permitting for the project and appropriate mitigation has been completed.

4/21/09: MassDEP issued a Unilateral Order to Manchaug Reservoir Corporation for Wetlands violations in Sutton. Violations involved actions caused by the Corporation taken at a dam that it owns at the Manchaug Pond, a Great Pond (ten acres or more as defined in Massachusetts Regulations). In the fall of 2008, the Corporation removed flashboards from the spillway on the dam without first having obtained an Order of Conditions from the local Conservation Commission. The result was lowered water level in the Pond. This altered vast expanse of resource area, that are of significance to the interests protected by the Wetlands Protection Act including the protection of wildlife habitat and fisheries, private water supply wells, flood control and storm damage protection. These illegally-altered wetland areas have not yet been restored. Today's Order requires the Corporation to reinstall the flashboards on the main spillway of the dam, and to achieve and maintain previously approved water elevations in the Pond.

4/21/09: MassDEP entered into Consent Order with a $4,350 Penalty involving Endriunas Brothers, LLC for Asbestos, Solid Waste violations at 303 Grove Street in Braintree. Endriunas Brothers, LLC contracted for disposal of Asbestos Solid Waste at a facility not approved to manage the material. Today's Order requires the company to submit all documentation pertaining to the clean up of the asbestos-containing material and provide inspector training for two (2) of its employees. MassDEP suspended the Penalty upon application of the Small Business Policy.

4/17/09: MassDEP entered into a Consent Order with a $21,280 Penalty regarding Independence Wharf LLC for Chapter 91 Waterways Licensing violations at 470 Atlantic Avenue/Fort Point Channel in Boston. During an inspection of the site, MassDEP observed license violations including failure to provide required public access, failure to post signs for public access, failure to provide a 'facility of public accommodation' as required under its license on the ground floor of the building to encourage the public to access the site. In addition the company failed to activate its water-based activity as required under its license for the public's benefit. [The company was remiss in paying its occupation fees, which violation has now been corrected.] Today's Order requires compliance with the existing license, which includes installing water-based structures in accordance with the City's Fort Point Activation Plan. The State Harbor Line is located along the seawalls of the Channel, and the site is the original site of the Boston Tea Party in 1773.

4/16/09: MassDEP executed a Consent Order with $33,750 Penalty regarding A1 Used Auto Parts for Air Quality, Solid Waste and Hazardous Waste Management violations in Framingham. The company operates an auto salvage yard in Framingham where MassDEP found: illegal storage of approximately 5,000 tires; failure to register as a Small Quantity Generator of waste oil; improper disposal of waste oil; lack of shipping manifests; failure to determine if certain wastes contained hazardous waste (containers of unknown contents located throughout salvage yard); failure to delineate waste-oil accumulation area; failure to label hazardous waste containers; open containers of hazardous waste; failure to "WASTE OIL" signage in waste oil accumulation area; failure to inspect waste oil accumulation area; failure to store waste oil containers on impervious surface; and, using the facility as a storage/disposal area for solid waste without the proper site assignment. The owners have agreed to bring the facility into compliance. MassDEP has agreed to suspend $20,000 of the Penalty.

4/15/09: MassDEP issued a Unilateral Order to Carol A. Henderson for Wetlands violations at 61 Atlantic Avenue on Salisbury Beach in Salisbury. In 2004, Henderson's residential property was granted an Order of Conditions (OOC) authorizing construction of a pier foundation under the existing single-family house located on this property. That OOC did not grant authorization for any expansion of the existing building's footprint. That Order expired in 2007. On 4/3/09 MassDEP staff observed construction and installation of garage door and solid clapboard walls enclosing three-fourths of the pier foundation. Such activity was being conducted on a coastal dune on this, a Barrier Beach, with no new authorization or pending request. In addition the work that was being conducted was in non-conformance with the previously issued and expired OOC. Today's Order requires an immediate cease and desist from all activity in the resource area until such time as MassDEP issues additional orders relative to the restoration and mitigation for this resource area.

4/14/09: MassDEP executed a Consent Order with a $13,500 Penalty regarding Advance Stores Company, Inc. for Waste Site Cleanup violations in West Springfield. An audit inspection of related to the activity and use limitation (AUL) placed on this site found noncompliance with the required maintenance of pavement that was in place to prevent direct contact with contaminated soil containing petroleum hydrocarbons and semi-volatile organic compounds. MassDEP identified two areas of broken pavement, one of which was previously discovered during a 2004 audit, where underlying soil was exposed. Failure to maintain pavement preventing direct contact with the underlying contaminated soil is a violation of this site's AUL. Under a previous Consent Order with Advance Stores in 2004 for similar violation, the company was required to prepare and implement a Pavement Maintenance Plan. Advance Stores must now pay the Penalty and implement its 2004 Pavement Maintenance Plan, repair and/or replace the areas of broken pavement. In addition the company will conduct and document quarterly inspections of the area under the AUL and pay any stipulated penalties should further violations occur.

4/13/09: MassDEP entered into a Consent Order with a $1,500 Penalty involving Eastern Propane Gas, Inc., for Waste Site Cleanup violations in Norfolk. The company failed to notify MassDEP after the sudden release of an unknown amount of propane - a hazardous material - that occurred at 220 Main Street in Norfolk. The release occurred on 1/7/08, when a motor vehicle struck an above-ground valve on a one thousand gallon propane underground storage tank (UST) owned by the company. The Norfolk Fire Department called Eastern Propane personnel to drain the UST and burn off residual gas, a process that took five hours and closed parts of Main and Boardman Streets. On 1/29/08 a representative on behalf of the company notified MassDEP of the release, well beyond the two-hour notification period as required. In addition to the Penalty, the company has agreed to perform a Supplemental Environmental Project involving an environmental education component for the propane industry valued at over $4,500.

4/13/09: MassDEP executed a Consent Order with a $10,000 Penalty involving El-Massih Realty, LLC, for Waste Site Cleanup violations in Milbury. As owner of a contaminated property located on Canal Street, El-Massih conducted response actions at the site prior to providing notification of the release to MassDEP. El-Massih has agreed to submit timely notification and cleanup reports as required going forward. MassDEP has agreed to suspend $8,500 pending full compliance with today's Order.

4/13/09: MassDEP entered into a Consent Order with a $16,000 Penalty regarding Finecamp KOA, Inc., for Wetlands violations in Webster. The company owns the Webster Family Campground, which is located on Douglas Road in Webster. MassDEP identified the alteration of wetlands resource areas without an Order of Conditions, and construction of an unapproved sub-surface sewage collection system that impacted the Zone I of the existing on-site Public Water System. An original Unilateral Order issued immediately after the inspection required that all work occurring in violation of the regulations cease, and also required submission of a wetlands restoration plan and a sewer-collection system plan. The Company complied with those requirements, and has now agreed to a schedule to correct the wetlands violations, upgrade the existing on-site disposal system to bring it into compliance with the Water Pollution control regulations. In addition the company will make changes to the on-site public water supply that will bring that system into compliance with the Drinking Water Regulations. Today's Order also contains a graduated schedule of stipulated penalties should future violations occur. Today's action will result in: the restoration of 100 linear feet of bank, and 2,500 square feet of land under water bodies; proper treatment of 9,500 gallons per day of wastewater; and, an approved and fully compliant drinking water source capable of serving 50 people daily.

4/13/09: MassDEP entered into a Consent Order with a $7,970 Penalty regarding Pinto's Plumbing & Heating Supply, Inc., for Waste Site Cleanup violations in Milford. During an audit of cleanup actions at the site, MassDEP found the company failed to submit notification after the discovery of coal tar contaminated soil. Further, the company conducted response actions without approval and failed to define the extent of river sediment impacts, and failed to maintain the requirements of its final closure documents it filed. MassDEP has agreed to suspend $3,970 of the Penalty pending compliance with today's Order including the sampling of river sediment, preparation of a revised risk characterization, and submittal of a post-closure status report.

4/13/09: MassDEP entered into a Consent Order with a $1,575 Penalty involving PHA Industries, Inc., for Air Quality and Hazardous Waste Management violations in Orange. MassDEP found during a multimedia inspection of the facility and review of records that the company was generating hazardous waste in amounts greater than allowed under the registered status for this facility. The company did not notify MassDEP of the change in its generator status as required and on 10/18/07, PHA submitted to MassDEP, a self-audit disclosure indicating that the company had installed and operated five reactor vessels since January of 2007, without the required approval. In addition to the Penalty the company will pay its unpaid annual compliance assurance fees it avoided by acting out of status (totaled: $3,160). The company has applied for and received approval for its air permit.

4/13/09: MassDEP entered into a Consent Order with a $4,000 Penalty involving Center Street Auto Parts for Air Quality and Hazardous Waste Management violations at its facility in Chicopee. The violations were discovered during DEP's inspection of the company's Chicopee facility. MassDEP found during an inspection that the company had not properly obtained approval from MassDEP for an aluminum smelter, that no notification had been submitted for the hazardous waste and waste-oil generation that was taking place. In addition, the company was not meeting hazardous waste management requirements. The company has since cooperated and has been working to address the noncompliance issues. MassDEP has agreed to suspend $1,000 of the Penalty pending one year of compliance with all the terms and condition of today's Order.

4/13/09: MassDEP entered into a Consent Order with a $6,800 Penalty regarding the Swissturn/USA, Inc. for Hazardous Waste Management violations in Oxford. During a routine inspection conducted in November 2008, MassDEP found the company was generating hazardous waste and waste oil in excess of its registered status. The company had not been keeping inspection logs of hazardous waste accumulation areas, it had not been training its employees on proper waste oil handling & emergency and other management procedures. Today's Order requires the company to maintain compliance with applicable regulations, pay a $1,730 of the Penalty. The additional $5,070 of the Penalty will be used to fund the Supplemental Environmental Project, under which emergency equipment will be purchased and donated to the Oxford Fire Department. This action will help ensure proper hazardous waste management at Oxford facility going forward.

4/9/09: MassDEP executed a Consent Order with a $17,970 Penalty involving Judson Deacon for Wetlands violations at 8 Rockaway Road in Middleton. The company owns/operates a commercial property at this location. In 1999, MassDEP issued a superseding order of conditions (permit) allowing construction of a storage building in the buffer zone to a bordering vegetated wetland. Construction of the building was completed in 2000 but in May 2008 MassDEP noted the as-built plans submitted by the owner described discrepancies between the as-built plan and the approved plan. MassDEP conducted a site visit and observed the discrepancies that included unauthorized fill in multiple areas, and the buffer zone. This included a total of 1,884 square feet of unauthorized alteration. Today's Order requires restoration of all altered resource area and removal of unauthorized fill/stockpiles in the buffer zone including long-term monitoring. MassDEP has agreed to suspend $12,970 of the Penalty pending full compliance.

4/9/09: MassDEP executed a Consent Order with a $36,000 Penalty involving Bobby's Ranch, Inc. Durkee Lane for Wetlands violations at 6 Durkee Lane in Westford. The company operates a public horse riding stable, which was initially identified for possible violations using aerial surveillance under the Wetland Change Initiative. MassDEP inspected the site and found additional areas of wetland alterations on the site beyond that identified by the aerial photography. Altogether, approximately 17,190 square feet of bordering vegetated wetland had been altered in three areas. The resource area was filled to create a covered paddock and the destruction of vegetation for a corral area. Additionally, approximately 440 linear feet of river bank was altered by culverting an intermittent stream. Today's Order requires restoration and/or replication of all altered resource areas along with long-term monitoring. MassDEP has agreed to suspend $30,000 of the Penalty pending full compliance with today's Order.

4/8/09: MassDEP executed a Consent Order with a $5,750 Penalty regarding Taymor Development, LLC, for Asbestos violations at 858 Washington Street in Dedham. Taymor failed to submit written notification to MassDEP prior to demolition of a commercial building that contained friable asbestos containing material (ACM). MassDEP found four asbestos work practice violations during the removal of asbestos from this commercial property. The work practice violations included: failure to seal the work area; failure to use air-cleaning equipment; failure to ensure asbestos remained wet during removal; and, failure to containerize asbestos in leak-tight containers. In addition to the Penalty, the company has agreed to fully comply with asbestos regulations.

4/7/09: MassDEP entered into a Consent Order with the Massachusetts Institute of Technology (MIT) for Air Quality violations at 77 Massachusetts Avenue in Cambridge. MassDEP found that MIT operated two emergency generators and installed them proximate to Simmons Hall Dormitory. As previously configured, operation of these uncontrolled generators could have caused or contributed to a condition of air pollution. However, MIT has agreed to install, operate and maintain California Air Resources Board (level three) certified diesel particulate filters on each generator on an expedited schedule as specified. Once installed, these filters will significantly mitigate the emissions from these emergency generators, greatly diminishing the impact of the emissions upon the dormitory and passers-by when operated in the future.

4/6/09: MassDEP entered into a Consent Order with the city of Pittsfield relative to the reconstruction of Ashley Lake Dam in Washington. Today's Order is issued in concert with a Section 401 Water Quality Certificate in order to allow urgent repairs to commence at the dam during the spring of 2009. Further, the Order establishes specific dates and timeframes for submission of final plans and actual implementation of removal of the lower Hathaway Dam in Dalton as mitigation. Activities surrounding this highly time-sensitive public safety project, were coordinated with the U.S. Army Corps of Engineers and other state agencies.

4/6/09: MassDEP executed a Consent Order with a $24,720 the city of Gloucester for Water Pollution Control violations. The city has failed to meet its obligations under a prior Consent Order. Today's Order updates those items the city has so far failed to meet. The city has a 6/1/09 deadline to modify its Combined Sewer Outfall #002 Regulator that maximizes flows to the wastewater treatment plant and minimizes discharges to a bathing beach. There is an extended time line for the city to complete the wastewater treatment plant upgrades to March 2011. Phases two and three of the city's waste water treatment plant upgrades are required to be completed by August 2013. Should phases two and three be incorporated into another court revision of the city's modified consent decree (MCD) [Civil Action No. 89-2206-WGY], it would serve as the controlling document Water Supply violations in Southwick. Under today's Order, the town of Southwick's Department of Public Works will take immediate steps to ensure the public water system undertakes needed corrective actions due to persistent total coliform bacteria detections.

4/3/09: MassDEP issued a Unilateral Order to the town of Southwick for 4/6/09: MassDEP issued a notice of noncompliance to the town of Tewksbury for Solid Waste violations, operating an un-registered leaf-and-yard compost operation on Poplar Street in Tewksbury. The town established the compost operation without prior submittal of a compost facility registration to MassDEP and the town of Tewksbury has not operated the compost facility in accordance with good management practices.

4/2/09: MassDEP executed a Consent Order with AZAR Realty LLC for Waste Site Cleanup violations at 737 Boston Road in Billerica. As owner and/or operator of the property, AZAR failed to meet deadlines as set out in a notice of noncompliance issued by MassDEP on 1/13/09. Today's Order requires the company to submit a (tier) classification by 8/2/09, and an assessment report by 3/31/10. In addition, further progress is due by 9/30/10 and implementation of cleanup by 3/31/11. A final response outcome is due no later than 5/31/11. There is also a provision for stipulated penalties should any of the deadlines be missed.

4/1/09: MassDEP entered into a Consent Order with West Warren Water District for Water Supply violations in Warren. The District reported total coliform bacteria detections in the months of August 2008 and January 2009 and needs to submit a report on the causes and any necessary corrective actions that will be taken to correct the situation from re-occurring.

4/1/09: MassDEP entered into a Consent Order with a $33,182.50 Penalty involving Pin Hill LLC for Waste Site Cleanup violations in Harvard. An audit of the cleanup activities by MassDEP found that performance standards for the remedy operation status that had been conducted and filed were inadequate and failed to continually evaluate for conditions requiring an Immediate Response Action (IRA). During the course of this audit, a condition warranting an IRA was discovered at this on-site residence. During this IRA, Pin Hill failed to meet all requirements of the plan to mitigate impacts to the indoors of that residence, resulting in additional enforcement. Pin Hill has agreed to pay $8,000 of the Penalty and MassDEP has agreed to suspend $25,182.50 pending the submittal of revised reports (assessment through implementation) of cleanup actions within twelve months. In addition, the company will submit either a final response outcome statement or remedy operation status within eighteen months.

4/1/09: MassDEP concluded Consent Order with National Water Services, Inc., for Water Supply violations in Hadley. The company installed a vending machine as a public water system without prior registration as is required under the drinking water regulations. The water vending machine is located at the Whole Foods Market in Hadley.

4/1/09: MassDEP issued a $2,800 Penalty Assessment Notice to Pine Valley Mobile Home Park in Cheshire for Groundwater Discharge violations. MassDEP issued the Penalty to the owner of Pine Valley Mobile Home Park in Cheshire for failing to apply for renewal of its Groundwater Discharge Permit and for failing to meet the required schedule for upgrading its on-site wastewater disposal system. As part of a settlement agreement with MassDEP, Pine Valley has agreed to apply for renewal of its Groundwater Discharge Permit and to complete construction of its upgraded on-site wastewater disposal system by 12/31/09.

March 2009

3/31/09: MassDEP issued a Notice of Noncompliance to Empire Recycling, LLC, Solid Waste Management violations at 36 Sterling Road in Billerica. On 1/30/09, MassDEP observed that Empire had been storing recyclables (cardboard, plastic, and mixed recyclables etc.) at the facility in excess of 90 days and uncovered outside. Today's Notice of Noncompliance requires Empire Recycling, LLC to submit a plan to MassDEP describing the actions Empire intends to take to achieve compliance including the status of the existing materials stored at the facility, the future storage and accumulation of such material, the quantities of materials, nuisance prevention measures (odors, vectors) and an alternative plan for management of the material if markets are not available.

3/31/09: MassDEP executed a Consent Order with an $11,068.75 Penalty involving Big Y Foods, Inc. for Waste Site Cleanup violations in Worcester. The company failed to notify, and failed to perform Immediate Response Actions in a timely manner following a release of an estimated volume of 90 to 120 gallons of used vegetable oil from a vat behind its 100 Mayfield Street supermarket. Heavy rains caused severe flooding, with standing water behind the supermarket reaching depths of up to four feet. Rain water displaced and overfilled the vat, and also displaced the oil in the vat. The displaced oil impacted the pavement behind the supermarket, and also flowed into a nearby stream. Big Y noticed the displaced vat on 9/7/08, but was unable to inspect it due to the flooding. On 9/11/08, Worcester city employees working behind the supermarket notified Big Y of a release of oil. A representative of Big Y notified MassDEP on 9/12/08 of the release, far beyond the required two-hour reporting threshold. Under the terms of the Order, Big Y agreed to review its spill management plan. MassDEP agreed to suspend $2,068.75 of the Penalty provided Big Y does not violate any terms of the Order for one year. The Order also contains a graduated schedule of stipulated penalties for any future violations.

3/30/09: MassDEP entered into Consent Order with a $1,575 Penalty involving Superior Carriers, Inc. for Hazardous Waste Management violations at its Shaw's Lane facility in Springfield. MassDEP found during a multimedia inspection of the facility, and during a review of records, that the facility was generating hazardous waste in amounts greater than its registered generator status. The company did not notify MassDEP of the change in its status as required by state regulations. The company, which corrected the violations immediately upon being notified, has cooperated with MassDEP fully to bring the facility back into compliance.

3/27/09: MassDEP executed a Consent Order with a $7,000 Penalty involving CGIT Systems, Inc. for Hazardous Waste Management violations in Medway. MassDEP inspected the company and found it was generating hazardous waste in amounts in excess to its registered status. Also, the company failed to properly mark and label containers, failed to maintain containers in good condition, and failed to meet the requirements concerning its emergency procedures. In addition to the Penalty, today's Order requires compliance with appropriate regulations and establishes a graduated schedule of stipulated penalties for any future violations.

3/27/09: MassDEP executed a Consent Order with a $4,140 Penalty regarding Dimitria Delights, Inc. for Industrial Wastewater and (septic system) violations in Grafton. During a routine inspection of the facility, the company was found to be discharging bakery-related wastewater to its septic system and groundwater discharge. Today's Order requires the company to comply with the applicable regulations by connecting to the town's wastewater collection system and in addition to the Penalty establishes a graduated schedule of stipulated penalties for any future violations.

3/27/09: MassDEP issued a Notice of Intent to Asses an $8,260 Civil Administrative Penalty to Elias Aoude for Air Quality and Solid Waste violations in Southborough. While investigating a fire at the property on 2/17/08, staff from the state Department of Conservation and Recreation and Southborough Fire Department officials observed individuals burning piles of combustible banned materials including cardboard, leaves, large diameter logs, construction debris, pallets and a couch. Officials immediately notified MassDEP of the situation. After attempts to negotiate a settlement failed, MassDEP assessed today's Penalty. This action will help ensure that open burning and solid waste management requirements are complied with in the future.

3/27/09: MassDEP accepted the Settlement Agreement involving Roofblok Limited for Waste Site Cleanup violations in Fitchburg. Commissioner Burt issued the Final Decision accepting the terms with Roofblok Limited of Littleton. On 12/2/08, MassDEP issued Roofblok a demand for payment of Stipulated Penalties in the amount of $3,750 as a result of the company's failure to file cleanup-related assessment and cleanup reports by the deadlines established in a previous order. The Company initially appealed that demand, but has now agreed to settle the case for the entire penalty amount that was originally assessed, and it has returned to compliance by submitting the required reports.

3/27/09: MassDEP issued a Unilateral Order to Leonard and Mary Jo Miller for Wetlands violations at 36 Lakeside Drive (Goose Pond) in Tyringham. MassDEP found that Leonard & Mary Jo Miller (both of 194 Main Street, Lenox) had undertaken excavation work within the lake without filing a notice of intent. In response to a complaint received and a request for assistance by the Tyringham Conservation Commission, MassDEP issued today's Order that requires work to cease and for the site to be stabilized. The work involved the operation of heavy equipment into the lake, breaking up the ice and excavating/dredging large boulders/sediment from roughly < 5,000 square feet of land under water. The rock and soil materials were reportedly placed along the property boundary extending into the lake as breakwaters.

3/26/09: MassDEP executed a Consent Order with a $5,000 Penalty involving Mark Resnick as trustee of Rugg Road Realty Trust for Waste Site Cleanup violations at 20-32-Rugg Road in Boston (Allston). MassDEP found that the owner and/or operator of the property failed to meet deadlines set out in a Consent Order signed with MassDEP on 8/27/08. In addition to the Penalty, the Trust is now required to submit an Immediate Response Action status report by 5/1/09, a tier two extension by 7/1/09, developing and implementing a cleanup plan by 8/1/09 and 9/1/10. A final response outcome is due no later than 12/30/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.

3/25/09: MassDEP entered into a Consent Order with a $4,350 Penalty involving JR's Home Improvement for Solid Waste violations in Attleboro. MassDEP found improper disposal of solid waste at its facility, including asbestos-containing material in a dumpster at 78 Eddy Street in Attleboro. The dumpster was rented by JR's Home Improvement, and today's Order requires that the respondent properly dispose of the asbestos material within 30 days and submit to MassDEP all documentation from this disposal. MassDEP, under its small business policy, has agreed to suspend $2,175 of the Penalty pending full compliance with the Order.

3/25/09: MassDEP issued a Consent Order Gary Geane for Wetlands violations at 2322 Greenwich Road in Hardwick. MassDEP found that Geane had undertaken the cutting of vegetation, stumping work within a bordering vegetated wetland (BVW) at the rear of his home resulting in an unauthorized impact (less than 5,000 square feet). The Order requires Geane to cease all activity within the BVW and submit a restoration plan for the impacted area. The plan must be implemented by 7/1/09.

3/24/09: MassDEP issued a Consent Order with a $2,500 Penalty involving the city of Quincy for Waste Site Cleanup violations at 55 Sea Street in Quincy. As owner and/or operator of the property, the city failed to meet deadlines set out in a previous Consent Order dated 12/17/07. Today's Order now requires an assessment report by 1/29/10, and a selection and implementation of a cleanup plan by 6/30/10 and 9/30/10. A final response outcome is due no later than 9/28/12. In addition to the Penalty, today's Order contains a stipulated penalty provision for any missed deadlines.

3/24/09: MassDEP executed a Consent Order with a $500 Penalty involving A & E Service Station for Waste Site Cleanup violations at 199 Concord Avenue in Cambridge. As owner of the property at 199 Concord Avenue, the stations failed to meet cleanup deadlines. Today's Order extends the deadline for submittal of the final response outcome until 5/1/10.

3/23/09: MassDEP issued a Unilateral Order to James Brown for Title 5 (septic system) violations in Leicester. MassDEP determined that Brown had allowed his certification as a Septic System Inspector to lapse, but then continued to perform inspections. Today's Order requires Brown to cease and desist from performing any further inspections until he retakes the System Inspector Training examinations and obtains the required certifications. This action will ensure the public is served by professionals who bear current certifications.

3/23/09: MassDEP issued a Unilateral Order to Erik Erkkinen and Barbara Widmann for Asbestos violations on a vacant residential property they own on Goodrich Street in Pittsfield. MassDEP received a complaint from an inspector of the Massachusetts Division of Occupational Safety, which had performed an inspection of the property. Following the inspection, the Division posted a cease and desist order halting all work at the site due to the improper handling of asbestos-siding material that had been observed during the inspection. MassDEP inspected the site in response to the complaint; the inspector observed a small dumpster in the front yard with demolition waste in it. The inspector also observed pieces of suspect asbestos-containing waste material around the dumpster and at other areas of the site. The material was in a dry, friable, state and did not appear to have been wetted. It was not sealed into leak-tight, labeled containers as is required. Today's Order requires the owners to properly cleanup the site.

3/19/09: MassDEP issued a Notice of the Intent to assess a $1,000 Penalty to Public Petroleum, Inc. for Waste Site Cleanup violations in Palmer. The company failed to submit a remedy operation status report and a remedial monitoring report and for failure to comply with a previous notice of noncompliance. A penalty of $1,000 was issued to Public Petroleum, Inc. for the violations.

3/19/09: MassDEP issued a Unilateral Order to Daniel Larue and (separately to) Mark Jussaume Enterprises, Inc, for Wetlands violations at 94 Northern Boulevard on Plum Island in Newbury. Jussaume is the contractor working on the property for the property owner. The property is located on a Coastal Dune on a Barrier Beach bordering a Coastal Beach. The Newbury Conservation Commission issued an order to the property owner in December 2005 to construct a second-floor addition to an existing single family house. That order expired in December 2008, but in February 2009, MassDEP observed construction activity being undertaken on the site by Jussaume in non-compliance. In addition, MassDEP found that unauthorized alteration of Coastal Dune profile and storage of construction materials occurred along with a portable toilet unit on previously vegetated Coastal Dune. Today's Order(s) requires all activities cited to cease and desist until MassDEP issues additional orders relative to resource area restoration and mitigation.

3/19/09: MassDEP executed a Consent Order with a $14,000 Penalty involving Taunton Tobacco Company at 15 Mechanics Lane in Taunton. On 7/15/08, MassDEP issued the respondent a notice of noncompliance for failing to complete response actions at the site in a timely manner. The Tobacco Company did not comply with the notice. Today's Order, including the Penalty and establishment of deadlines for cleanup requirements establishes a path to return to compliance and complete response actions at the site.

3/18/09: MassDEP entered into a Consent Order with Wagon Wheel Drive-In, LLC for Water Supply violations in Gill. MassDEP concluded today's Order with the establishment regarding its registration and compliance with drinking water regulations of a previously non-registered public water system.

3/16/09: MassDEP executed a Consent Order with the city of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. As owners of the property, the city has agreed to deadlines for submitting phased cleanup reports and a final response outcome. The site originally reported the gasoline release in 1991, and today's enforcement action will lead to the cleanup of gasoline and fuel oil-contaminated groundwater and soil emanating from the removal of an underground storage tank and an above ground storage tank.

3/13/09: MassDEP issued a Consent Order to Fatima Cardoso regarding N&T Realty Trust for Wetlands violations at 220 Alden Road in Fairhaven. MassDEP found that the Trust failed to comply with superseding order of conditions (permit) involving work at this site. MassDEP then issued a Notice of Noncompliance. Today's Order requires the Trust to file a wetland replication plan with MassDEP within 30 days, and to complete wetlands replication activities within 90 days after MassDEP approves the wetland replication plan.

3/13/09: MassDEP executed a Consent Order with a $54,937.50 Penalty involving Duong Cam Luong for Asbestos violations on a residential property on Irene Street in Worcester. Under the terms of the Order, the violator must comply with all applicable Asbestos regulations throughout the Commonwealth in the future. After satisfactorily demonstrating that a financial hardship condition exists, the Penalty was fully suspended provided that the violator remains in compliance and has no additional violations for a one-year period. The Order also contains stipulated penalty provisions for any future instances of noncompliance. The violations were first discovered during a MassDEP inspection in October 2008.

3/13/09: MassDEP executed a Consent Order with a $1,000 Penalty regarding Eagle Stainless Tube and Fabrication, Inc. for Industrial Wastewater violations in Franklin. A routine inspection by MassDEP found the company was operating an Industrial Wastewater Pretreatment System without certification. Today's Order requires the company to comply with the certified operator requirement, and contains stipulated penalty provisions to deter any future noncompliance. This action will ensure the company's industrial wastewater will be properly treated before being discharged to the local sewer system.

3/13/09: MassDEP executed a Consent Order with a $750 Penalty involving Harriet B. Southerland, d/b/a A-to-Z Auto Body, for Air Quality violations on River Road in Uxbridge. In May and June of 2007, MassDEP's Environmental Strike Force personnel observed the uncontrolled outdoor open burning of mixed refuse in open containers at the site. The Order requires immediate cessation of the unpermitted practice, along with payment of the Penalty. The Order also contains stipulated penalty provisions to deter any future noncompliance at this, or any other location in the Commonwealth owned by the violator.

3/13/09: MassDEP executed a Consent Order with Eagle Holt Company, Inc., for Water Management Act violations in Wareham. Eagle Holt constructed 22 acres of cranberry bog without authorization under the Water Management Act for the withdrawal of water to cultivate the bogs. The company has filed an application for a permit and during the permitting process participated in a study undertaken by the UMass Amherst Cranberry Station and the UMass Dartmouth Coastal System Program School for Marine Science and Technology to examine nutrient loadings to surface waters related to cranberry agriculture. The resultant study entitled, Phosphorus Dynamics in Cranberry Production Systems: developing the information required for the total maximum daily load process in impaired water bodies receiving cranberry bog discharge, 2005, which recommended best management practices to reduce the phosphorus loading to surface water bodies. Eagle Holt has implemented a number of these and outlined additional measures to reduce the nutrient load to Blackmore Pond and other surface waters and to reduce the water withdrawal volume.

3/12/09: MassDEP executed a Consent Order with LMB Partners (a Limited Partnership) for Waste Site Cleanup violations at 25, 47 & 71 Topeka Street in Boston. MassDEP found the owner and/or operator of the property failed to meet deadlines (as is required, and later under a specific notice of noncompliance issued by MassDEP on 12/10/08). Today's Order requires the owner/operator to submit a cleanup tier classification by 3/30/09, and assessment report by 12/15/09, the development and implementation of cleanup plans by 2/15/10 and 5/15/10. A final response outcome is due by no later than 12/15/11. In addition there are stipulated penalties for any missed deadlines.

3/12/09: MassDEP issued an Amendment to an existing Order with the town of Wales for Water Supply violations. MassDEP agreed to allow more time to complete the corrective actions at the Wales Senior Center public water system.

3/10/09: MassDEP entered into a Consent Order with a $30,000 Penalty regarding Santina Guiffrida for Waste Site Cleanup violations at 61 South Union Street in Lawrence. Guiffrida, as owner and/or operator of the property, failed to meet deadlines set out in a notice of noncompliance issued on 12/10/07. Under today's Order, the owner is required to submit a permit extension for cleanup at this property by 4/15/09. Thereafter, an assessment is due by 4/15/10, and the selection and implementation of a cleanup plan by 12/15/10. A final cleanup response outcome is due by no later than 8/15/11. MassDEP has agreed to suspend $20,000 of the Penalty pending full compliance and contains a stipulated penalty provision for any missed deadlines.

3/10/09: MassDEP issued a Unilateral Order to the town of Lanesborough for Water Supply violations in Lanesborough. MassDEP issued the Order regarding chronic violations of the maximum contaminant level for coliform bacteria in the Berkshire Spring public water system. Today's Order requires sampling at the houses served and the provision of appropriate disinfection based on sampling results. The Order includes public notification requirements and additional sampling and analysis of Berkshire Spring water for microscopic particulate analysis.

3/9/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving New England Motor Freight, Inc., for Waste Site Cleanup violations at 90 Concord Street in North Reading. The company failed to notify MassDEP immediately, and within two hours after obtaining knowledge of a sudden release of 80-100 gallons of styrene resin at its facility in North Reading. Today's Order requires that NEMF develop and implement a plan in the event of oil and hazardous material release(s) and the reporting and response. Such a plan would be utilized by the company's employees to report, spills, conduct spill cleanup, and submit appropriate reports and documentation to MassDEP. NEMF will submit a copy of this plan within 45 days of today. MassDEP has agreed to suspend $2,750 of the Penalty pending full compliance and provided there are no further violations within one year. Today's Penalty includes daily stipulated penalties of $1,000 that may be assessed for any future violations.

3/9/09: MassDEP executed a Consent Order with a $39,800 Penalty involving R & D Development Realty, LLC, for Wetlands violations off Howe Street in Methuen. The property is currently under development by R & D as a residential single and multi family subdivision with an 18-hole golf course. In August 2008, MassDEP found during a regular inspection (and a third party monitor) that insufficient stormwater and erosion controls had resulted in sedimentation to bordering vegetated wetland (BVW) at seven separate areas of the site. Additionally, a small amount of incorrect clear cutting and grading altered BVW in an additional area resulting with all BVW impact totaling 4,425 square feet. The violations also included non-compliance with a local permit (order of conditions) and a water quality certificate issued by MassDEP for this project. Today's Order requires full restoration (some of which was immediately performed through removal of siltation) and long term monitoring. MassDEP has agreed to suspend $29,800 of the Penalty pending full compliance by 10/31/13.

3/9/09: MassDEP entered into a Consent Order with an $860 Penalty regarding Manheim New England for Hazardous Waste Management violations in Dighton. An inspection revealed that Manheim New England was failing to properly label its containers of hazardous waste and conduct weekly inspections of its hazardous waste accumulation areas. In addition to the Penalty, the company has agreed to bring the facility back into full compliance with all applicable regulations.

3/9/09: MassDEP entered into a Consent Order with a $15,000 Penalty involving Watts Family Farm for Solid Waste violations at 23 Falmouth-Sandwich Road in Sandwich. Peter Watts operates a composting operation at the farm where in October 2004 MassDEP found the emission of offensive odors from the composting operations and issued a notice of noncompliance. In February 2005, MassDEP then issued a Unilateral Order for accepting solid waste without proper permits and causing nuisance odor conditions off-site. In June 2005 MassDEP entered into a Consent Order with Penalty which required Watts to undertake site improvements to control offensive odors from the composting operations and pay a penalty of $2,880. MassDEP inspected the facility in July and August 2007 and confirmed the Farm's composting operations were continuing to cause nuisance odor conditions and that Watts failed to implement the required site improvements by the deadlines. Under today's Administrative Consent Order Watts has agreed to cease composting at the Farm. MassDEP agreed to fully suspend the Penalty pending cessation of composting activities at the Farm.

3/9/09: MassDEP issued a Unilateral Order and a Declaration of Water Emergency to the Bachelor Knolls for Water Supply violations in Granby. The issuance of a water emergency enables this public water system to use bulk water for its customers while its well pump is replaced, disinfected and tested to verify that the well water is absent of bacteria.

3/6/09: MassDEP executed a Consent Order with a $7,360 Penalty involving AKS Recycling, Inc for Asbestos violations in Fitchburg. MassDEP found during an October 2007 inspection the company had failed to comply with its third-party asbestos monitoring and sampling requirements mandated by its (solid waste facility) permit. Under the terms of the Order, the company has agreed to comply with all applicable regulations, pay $1,860 and conduct a Supplemental Environmental Project valued at an additional $5,500. Under this MassDEP approved SEP, the company will develop an asbestos regulation education program intended for demolition and construction contractors in the Fitchburg/Leominster area.

3/6/09: MassDEP executed a Consent Order with a $12,000 Penalty involving John Grossi for Wetlands violations at 435 Main Street in Amesbury. The violations took place at a construction project in a flood zone of his single-family home, driveway and pier which was found to have exceeded the approved plans and permits. Grossi has agreed to hire a wetlands consultant to properly delineate surrounding resource areas by May 1, 2009 and implement a restoration plan by June 1, 2009. Among the items in the restoration plan will be: removal of the portions of the driveway that were not approved, or alternately a plan that provides for an in-kind replacement (or replication) of the riverfront area that was lost as compensation; removal of the wooden paneling beneath the house, or alternately a plan that ensures flood waters can flow beneath the structure; removal of the stockpile of debris in the bordering vegetated wetlands, restoration of impacted area followed by yearly monitoring for five years to ensure long-term viability; finally, Grossi, must submit an application to the Chapter 91 Waterways Program for a project modification relative to the pier. MassDEP has agreed to suspend $4,000 of the penalty provided all terms of the order are met.

3/6/09: MassDEP entered into a Consent Order with a $2,000 Penalty regarding Economic Enviro Tech, Inc., for Asbestos violations in Clinton. Enviro Tech is a Leominster-based licensed asbestos contractor. MassDEP received an asbestos removal notification involving a proposed demolition of the former American Legion Post in Clinton, MassDEP personnel inspected that job site in November 2008 and determined that the contractor tailed to adequately seal the asbestos abatement work area, and that it had failed to wet asbestos-containing waste materials. In addition to the Penalty, today's Order requires the company to comply with all applicable regulations at future job sites.

3/5/09: MassDEP entered into a Consent Order with a $13,504 Penalty with Olson Greenhouses, Inc. for Environmental Management violations in Raynham. A multi-media inspection revealed that the company was marketing "specification used oil fuel" without a level III class B(3) hazardous waste recycling permit. In addition, the company's opacity monitor was not functioning, and they had failed to submit the certification for their on-site industrial wastewater holding tank. MassDEP has accepted the company's proposed Supplemental Environmental Project (SEP) which will consist of connecting the facility to the municipal sewer system and installing a new compressor for the transfer of "fuel" to its boiler fuel tanks. The sewer connection will eliminate the over-the-road hauling of 600,000 gallons of industrial wastewater per year and the new compressor will save 1,000 gallons of fuel per year. The company will pay $3,376, and the SEP credit is $10,128, but the actual cost of the SEP will exceed $22,000.

3/5/09: MassDEP executed a Consent Order with Ronald J. McNulty Realty, LLC for Waste Site Cleanup violations at 626 Boston Road in Billerica. As owner and/or operator of the property, the Trust failed to meet deadlines set out in a notice of noncompliance issued on 1/29/07 and an earlier Consent Order executed on 1/16/09. Today's Order now requires an assessment report and permit classification submittal or a final response outcome by no later than 1/30/10. Today's Order also contains stipulated penalty provisions for any missed deadlines.

3/4/09: MassDEP issued a Unilateral Order to Farm School, Inc., for Water Supply violations in Orange. The School has agreed to address elevated nitrate detections in its well and will continue to monitor the source, will provide public notification, and will take immediate corrective actions in addition to plan for future management of animal waste. The Order also provides specific approval for a temporary treatment installation, if the installation is pursued.

3/3/09: MassDEP executed a Consent Order with H.R.A., Inc. for Waste Site Cleanup violations in Westminster. H.R.A., Inc., is based in Fitchburg, and the company has agreed to cleanup deadlines for the completion of response actions at a diesel spill which occurred on Route 2 in Westminster in 2002. The closure report for this release was never been submitted. H.R.A. Inc. initially received a notice of noncompliance, and in response, requested additional time to complete the work. Today's Order formally establishes the requested compliance schedule.

3/3/09: MassDEP entered into a Consent Order with Kenneth C. Merritt for Waste Site Cleanup violations in Worcester. Merritt failed to complete site cleanup activities in an expeditious manner. Merritt previously received a notice of noncompliance, as well as extensions to established deadlines, and has now agreed to enter into this Order and commit to established deadlines.

3/3/09: MassDEP issued a Notice of Intent to a $13,540 Penalty involving F&P, LLC, for Air Pollution and Solid Waste violations in Worcester. During a December 2007 inspection conducted with representatives of the Worcester Fire Department, MassDEP found that the company had illegally been operating an incinerator. In addition, the company was burning building materials and foam, which constitutes illegal hazardous waste disposal, and it served as a Solid Waste Management facility without having any site assignment or facility (operating) permit. Although the company did submit documentation that the incinerator has since been rendered inoperable, it failed to agree to the entry of a Consent Order with Penalty. Today's Penalty requires the Company to pay a $13,540 for the cited violations and serves to halt the use of this illegal incinerator, thereby improving the air quality in the immediate vicinity of the facility.

3/3/09: MassDEP entered into a Consent Order with a $17,050 Penalty regarding One Beacon Insurance Group for Asbestos violations at 16 Highland Avenue in Lexington. Responding to a complaint from the owner of the home located at 16 Highland Ave in Lexington, MassDEP inspected the property and found that a third-party contractor of One Beacon damaged asbestos containing materials when investigating the cause of the boiler failure. One Beacon will pay $12,700 and MassDEP has agreed to suspend $4,350 of the Penalty pending full compliance for a period of one year. One Beacon will insure that its employees, agents, contractors, and subcontractors remain in compliance.

February 2009

2/27/09: MassDEP entered into a Consent Order with a $1,000 Penalty regarding Sideris Baer as Trustee of Farragut Realty Trust, for Waste Site Cleanup violations at 3 Topsfield Road in Ipswich. As owner and/or operator of the property, the Trust failed to meet deadlines set out in MassDEP's notice of noncompliance issued on 11/1/07 and the subsequent Consent Order executed on 12/27/07. Today's Order requires a phase two (assessment) report, followed by a phase three by 5/1/09 and phase four by 6/30/09 (developing cleanup plans). A final outcome statement is due no later than 12/31/09. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.

2/27/09: MassDEP issued a Unilateral Order and a $6,000 Penalty Assessment Notice to West Meadow Estates, Inc. for Wetlands violations at West Springfield. MassDEP found violations occurred when West Meadow began construction on Piper Road (Griffin Estates) a residential subdivision development in West Springfield. The violation resulted in erosion and sedimentation impacts to 5,000 square feet of bordering vegetated wetland. West Meadow failed to address the problem following issuance of both a local enforcement order and a MassDEP enforcement order. Those orders required West Meadow to submit a site-stabilization plan and - upon approval - to implement said plan by 3/30/09.

2/26/09: MassDEP executed a Consent Order with Inman Square Lofts, LLC, for Waste Site Cleanup violations at 6 Beacon Street in Somerville. As owner and/or operator of the property the LLC failed to meet deadlines set out in a notice of noncompliance issued on11/10/08. Today's Order requires the corporation to submit a tier two extension submittal that meets cleanup requirements by 2/27/09, followed by a release abatement measure status report by 3/13/09. A final response outcome is due no later than 9/30/11. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/26/09: MassDEP entered into a Consent Order with a $2,000 Penalty involving the SRS Ultra Service, LLC (d/b/a Stevens Sunoco) for Hazardous Waste Management violations in Seekonk. On 12/5/08, MassDEP responded to a release of approximately 120 gallons of waste oil from a ruptured 275-gallon aboveground storage tank located outside of Stevens Sunoco. The AST did not have any containment. Stevens Sunoco conducted immediate response actions to prevent the waste oil from reaching the storm drain system and hired a contractor to conduct cleanup response actions to address the release in accordance with the requirements. MassDEP inspected the facility and identified the violations. The company has agreed to bring the facility into compliance. MassDEP applied the Small Business Policy to mitigate the penalty.

2/25/09: MassDEP entered into a Consent Order with Distrigas of Massachusetts LLC, for Air Quality violations at 18 Rover Street in Everett. Distrigas, which operates a liquefied natural gas (LNG) storage and distribution facility, had previously received a written plan approval from MassDEP to install and operate four new LNG submerged combustion vaporizers (SCVs) at its Everett facility. This approval required the first-of-its-kind use of selective catalytic reduction (SCR) to control oxides of nitrogen (NOx) emissions from the SCVs. Despite good faith efforts, the facility has been unable to continuously comply with short-term emissions limits for NOx and ammonia (NH3), while maintaining continuous compliance with 12 month rolling limits for NOx and NH3 for the SCVs. MassDEP, after review of continuous emissions monitoring systems data, has now set interim, or short-term limits for NOx and NH3 for the SCVs in today's Order. In addition, MassDEP requires Distrigas to file for a modification to its plan approval, as well as to continue to provide emissions data on a biweekly basis, which will be used to inform MassDEP's review of the modified plan application and to establish short-term NOx and NH3 limits which reflect what the SCR can continuously achieve.

2/25/09: MassDEP entered into a Consent Order with Real Estate Restoration Inc. of Palmer to address Water Supply compliance. Under the terms of today's Order, MassDEP concluded an agreement with the public water supply system to bring into compliance its establishment, the Steaming Tender, to address issues related to non-conforming water supply source.

2/24/09: MassDEP entered into a Consent Order with Zoar Outdoor Adventure Resort, Inc. of Charlemont to address Water Supply compliance. Under the terms of today's Order, this public water supply system will maintain compliance while addressing the proposed expansion at its Charlemont facility. Zoar is installing a new source and will maintain compliance with drinking water regulations.

2/24/09: MassDEP executed a Consent Order with a $3,500 Penalty involving Baker Commodities Inc. for Air Quality and Hazardous Waste violations at 134 Billerica Avenue in Billerica. During an unannounced inspection, MassDEP found the company failed to perform annual fuel utilization equipment efficiency testing as stated in their permit. In addition, the company failed to properly label and manage containers of waste oil, failed to conduct and record weekly inspections of waste oil accumulation areas, failed to post an emergency telephone list and failed to obtain a MassDEP Class A regulated recycling permit for waste generated from a parts washer. The facility has agreed to correct all violations and return to compliance.

2/24/09: MassDEP entered into a Consent order with a $21,000 Penalty regarding Edward Gwinner Jr. for Wetlands violations in Southampton. Construction work had taken place within the riverfront area to the Manhan Brook and within the 100-foot buffer zone to the bordering vegetated wetland without having submitted the required notice of intent. This unpermitted work impacted slightly less than one acre of riverfront area and part of the stormwater management system without conforming to appropriate standards. The Order issued to Gwinner requires full restoration of the impacted area, and removal of stormwater structures from the buffer zone. MassDEP has agreed to suspend $11,000 of the Penalty pending full compliance and restoration work. Gwinner is also required to revise the stormwater management plan for the subdivision by providing treatment of the water and maximizing opportunities for recharge of stormwater.

2/24/09: MassDEP issued a Demand for a $3,000 Penalty to the Estate of Adella Gamache for Waste Site Cleanup violations at 4 Orcutt Street in Adams. The Estate owns the property operated as Greylock Ice & Fuel. A release of fuel oil from an underground storage tank was identified during a MassDEP inspection at the site. Upon discovery of the release, the Estate then caused to have the tanks backfilled, and did not perform any cleanup (response) actions to address this release. Prior to today, the Estate had entered into a Consent Order with MassDEP on 6/9/08 whereby the Estate agreed to submit an Immediate Response Action Plan by 7/9/08, and additional status or final response action by 8/28/08. The Consent Order also offered the Estate the opportunity to prove financial inability, if they were unable to perform the required response actions. Despite several follow-up calls by MassDEP to assist in complying with these requirements, the Estate continues to fail in performing the response actions, and has not submitted any documentation on its financial inability.

2/20/09: MassDEP issued a $28,100 Penalty Assessment Notice to Alan Mofsowitz (d/b/a Pro-Air Heating & Air Conditioning) for Asbestos violations at 17 Rodman Street in Jamaica Plain (Boston). MassDEP responded to a complaint at this address and observed that a boiler had been removed from the residence and placed outside at that location. Dry, friable, uncontained boiler insulation was observed on the ground outside in the vicinity of the boiler. In addition, the basement interior was determined to be contaminated. MassDEP attempts to settle this case were unsuccessful.

2/19/09: MassDEP executed a Consent Order with a $17,145 Penalty involving the Massachusetts Water Resources Authority for Water Quality and Wetlands violations at the intermediate pump station in Weymouth. MassDEP found the violations at the Relief Facilities Project for Braintree/Weymouth, which is located at One Bridge Street in Weymouth. The MWRA was required to construct a 9,000 square foot mitigation area to control construction and post-construction storm water runoff and to mitigate the filling of 6,800 s.f. isolated vegetated wetland. The mitigation area was constructed in 2004, but inspection in 2005 found an ongoing erosion problem and the area was not properly vegetated and needed repair. MWRA contractor(s) were retained and performed repairs to the mitigation area in 2005 and again in 2006. However, in January 2008, MWRA informed MassDEP that the mitigation area was still in disrepair and must be abandoned because it was not on land owned or controlled by MWRA. In October 2008 MassDEP and the Weymouth conservation commission agreed to accept an off site coastal wetland at Great Esker Park as an alternative mitigation area Today's Order requires that MWRA restore 21,000 s.f. of previously degraded salt marsh, or (as an alternative) create 9,000 s.f. of new salt marsh. Also required is the design and construction of a new stormwater infrastructure system that meets stormwater management policy. Additionally, MassDEP has agreed to fully suspend the Penalty pending full compliance for two years.

2/19/09: MassDEP issued a $2.524 Penalty Assessment Notice to Lamberto's Garage for Air Quality (Stage II vapor recovery) violations in Franklin. Inspections in 2007 by MassDEP found failures to perform in-use compliance tests on vapor recovery systems at this gasoline dispensing facility and other recordkeeping violations. Efforts to reach a negotiated settlement of this enforcement action were unsuccessful.

2/18/09: MassDEP entered into a Consent Order with an $8,700 Penalty involving Jose Lopez for Solid Waste violations at 44-47 Taunton Green in Taunton. MassDEP found that operations at this location resulted in the disposal of solid waste at a facility in Massachusetts that is not approved to manage the particular type of solid waste being disposed. Lopez had rented a dumpster and placed friable asbestos containing material in the dumpster for disposal.

2/18/09: MassDEP executed a Consent Order with a $2,445 Penalty involving Sears Roebuck and Company for Hazardous Waste Management and holding tank violations at the Cape Cod Mall in Barnstable. In March 2008, in response to a complaint, MassDEP conducted an inspection of the facility and identified the violations. The hazardous waste violations were addressed by the end of October 2008, and under today's Order, Sears Roebuck and Co. is required to complete an integrity assessment of the holding tank and come into compliance with the regulations.

2/18/09: MassDEP issued a Unilateral Order and $14,000 Penalty Assessment Notice to Kim's Cleaners for Hazardous Waste and Air Quality violations in Methuen. MassDEP randomly selected and inspected the facility in September, 2007 as chosen by the Environmental Results Program. A Notice of Noncompliance was issued in October, 2007 due to air quality and hazardous waste violations observed during the inspection. A follow-up inspection determined that the violations were continuing at Kim's Cleaners. An enforcement conference was held and a negotiated penalty determined in August 2008. Kim's Cleaners, however, failed to sign a Consent Order with Penalty. As a result of the violations observed and the subsequent unsuccessful negotiation, MassDEP issued today's actions to Kim's Cleaners

2/17/09: MassDEP issued an $18,050 Penalty Assessment Notice to Naggar Realty LLC, for Asbestos violations at 563 Massachusetts Avenue in Cambridge. MassDEP personnel responded to a complaint at this address and observed loose, dry, friable pieces of asbestos containing floor tile debris in the building and outside the building in a rolloff container at the site. Employees of the Naggar Realty LLC had improperly removed the asbestos containing floor tile without notification as required. Negotiation attempts with Naggar Realty were unsuccessful.

2/17/09: MassDEP entered into a Consent Order with a $12,870 Penalty regarding IPG Photonics for Air Quality, Hazardous Waste and Industrial Wastewater Management violations in Oxford. MassDEP determined that the facility was discharging Industrial Wastewater to the ground and its sanitary septic system without necessary permits and approvals. An inspection also identified recordkeeping violations related to its (air quality) plan approval, hazardous waste management and holding tanks. In addition to returning to compliance, today's Order will ensure that the company properly disposes of wastewater and properly reports information related to air and hazardous waste requirements.

2/13/09: MassDEP executed a Consent Order with a $7,760 Penalty regarding Ocean Auto Body Inc. for Air Quality, Hazardous Waste and Industrial Wastewater violations in Winthrop. MassDEP inspected the facility on 2/19/08 and issued a notice of noncompliance on 3/14/08 and performed a follow- up inspection on 10/28/08. During the follow up inspection, additional violations were identified. Today's Order requires Ocean Auto Body Inc. to submit documentation that a floor drain has been properly closed under industrial wastewater regulations and come into compliance with various air quality regulations including installing a proper exhaust stack for the paint spray booth. MassDEP agrees to suspend $6,760 if Ocean Auto Body Inc. does not violate any provisions of the Order for one year.

2/12/09: MassDEP entered into a Consent Order with George Varelis as trustee of Alexander Realty Trust for Waste Site Cleanup violations at 245 Main Street in Malden. As owner of the property, the Trust failed to submit cleanup reports and achieve a final response outcome within the deadlines established in a notice of noncompliance issued by MassDEP on 10/14/08. New deadlines have now been established set in today's Order to return to compliance with the submittal of a final response outcome by no later than 3/31/12.

2/12/09: MassDEP issued a Demand for $54,500 in Stipulated Penalties to GFI Shirley, LLC for Wetlands violations in Shirley. MassDEP issued an amended Demand for stipulated penalties in the amount of $54,500 to GFI Shirley, LLC,- the developer of a sub-division known as Apple Orchard Estates. On 3/21/07, the company entered into a Consent Order to correct Wetlands violations which contained stipulated penalty provisions. Today's demand is based on the company's failure to comply with the provisions of that agreement during the period of July 2001 through September 2008.

2/12/09: MassDEP executed a Consent Order with a $3,740 Penalty involving Imprint Graphics for Hazardous Waste and Air Quality violations in Framingham. MassDEP inspected Imprint Graphics in October, 2008. During the inspection, it was determined that Imprint Graphics was using a non-compliant screen cleanup solution. Additional hazardous waste and air quality violations were observed during the inspection. In addition to the Penalty, today's Order requires Imprint Graphics to immediately begin use of compliant press wash solutions, and assure that all additional violations identified are corrected.

2/12/09: MassDEP entered into a Consent Order with a $16,504 Penalty regarding Flexcon Industries for Air Quality and Hazardous Waste violations in Randolph. A multi-media inspection revealed that the company was emitting more than ten tons of acetone annually without plan approval from the department, and was not in compliance with all provisions of their existing permit. They also failed to appropriately manage containers of hazardous waste and had not posted all required signage. In addition to the Penalty, today's Order ensures compliance with permit requirements.

2/11/09: MassDEP issued a Unilateral Order to River Bend Mobile Home Park for Water Pollution Control (septic system) violations in Athol. MassDEP issued a Unilateral Order to River Bend Mobile Home Park following River Bend's self-reporting of a failed septic system serving two homes at River Bend. Today's Order requires the operation of the system as a tight-tank pending upgrade of the system and return to compliance.

2/11/09: MassDEP issued a $26,800 Penalty Assessment Notice and Unilateral Order to Gerald F. Ely for Waste Site Cleanup violations at a former gas station in Pittsfield. MassDEP issued the Penalty to the owner for failing to undertake response actions and comply with several prior notices from MassDEP involving the release and cleanup of gasoline in soil at the property. MassDEP's Order requires the timely cleanup of the site. While Ely has repeatedly claimed to be financially unable to undertake the cleanup, MassDEP denied his claims of financial inability based upon information he submitted. Ely was also previously fined by MassDEP for asbestos removal violations at one of his other properties. Violations identified by MassDEP included failure to submit response action plans and status reports and failure to remove an abandoned tank in accordance with Massachusetts Cleanup requirements.

2/10/09: MassDEP entered into a Consent Order with a $1,150 Penalty involving the town of Tewksbury for Water Supply violations. MassDEP's Drinking Water Program found the town exceeded the maximum contaminant level for total trihalomathenes, which are byproducts of the water disinfection process. The town has undertaken corrective steps to address the violation. MassDEP has agreed to suspend the Penalty pending compliance with the conditions of the Order for one year.

2/10/09: MassDEP executed a Consent Order with First Ipswich Bancorp and the town of Ipswich for Waste Site Cleanup violations on Hammatt Street in Ipswich. Both are potentially responsible parties for this property. The parties failed to submit required phase two, three and four reports and a final response outcome within the required deadlines. Today's Order establishes new deadlines for the submittal of the required reports, and imposes stipulated penalties of $1,000 per day for any future violations.

2/9/09: MassDEP entered into a Consent Order with the town of Hardwick for Water Pollution Control violations specifically the National Pollutant Discharge Elimination System (NPDES) regulations. The town's wastewater treatment plant had two separate discharges of raw sewage to the Ware River in 2007 and 2008 from a ruptured sewage (force) main. Today's Order requires the Town to develop a preventative maintenance program for the sewage main, to conduct an assessment of the existing collection system in the village of Gilbertville, and to submit a plan for capacity assurance management and operations, and maintenance. Today's Order also requires a proposed time frame for the repairs to any collection system deficiencies noted in the collection system assessment by no later than 12/31/09.

2/9/09: MassDEP issued a Unilateral Order to Manuel & Donna Cheria for Asbestos violations in Ludlow. The Cherias are required to properly clean dispose of asbestos and asbestos-contaminated demolition debris at their residential property in Ludlow. The Cherias had demolished an existing residence on their property without removing asbestos transite siding from the structure, shipped some of the debris to a commercial (construction & demolition) processing facility and buried some of the asbestos-contaminated debris in a hole in the structure's basement. The C&D processing facility notified MassDEP upon receipt of the asbestos-contaminated debris and returned it to the site.

2/9/09: MassDEP issued a Notice of a $29,750 Penalty involving Christopher St. John for Asbestos violations in Pittsfield. Workers for St. John, MassDEP found a number of violations during an inspection of work by the home improvement contractor at a private residence in Pittsfield. Workers retained by Christopher St. John of Pittsfield, were found removing asbestos transite siding without instituting the proper work practices for asbestos removal and handling. In 2007, MassDEP had assessed a penalty amount of $38,800 to St. John for similar violations.

2/6/09: MassDEP entered into a Consent Order with Richard Chaffee for Water Pollution Control (septic system) violations in Phillipston. MassDEP determined that Chaffee had allowed his certification as a Septic System Inspector to lapse, but he then continued to perform inspections. Today's Order requires Mr. Chaffee to retake the System Inspector Training examinations and obtain the required certifications prior to performing any further inspections. This action will ensure the public is served by professionals who bear current certifications.

2/5/09: MassDEP issued a declaration of Water Emergency to Kolburne School, Inc in New Marlborough. The Order was issued to address interruptions in service to this community public water system. The School petitioned for the Declaration to enable the use of bulk and bottled water as it continues working to resolves issues relative to the well at its main campus. MassDEP was on-site to assist the public water system and to specifically review potential sites for a replacement source. MassDEP remains in contact with the system and its operator to explore alternatives for this facility.

2/5/09: MassDEP executed a Consent Order with Brewster Management for Waste Site Cleanup violations at 111 Penn Street in Quincy. Under today's Order, George Brewster, as owner of Brewster Management, is required to submit an immediate response action status report, and additional reports leading up to and including a final response outcome. 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 that originally was noted during the removal of several underground storage tanks.

2/5/09: MassDEP executed a Consent Order with a $15,000 Penalty involving Richard T. Broglino Jr. for Wetlands violations at 8 Minuteman Drive in Bedford. Using aerial photography, MassDEP's Wetland Change Initiative noted the alteration of bordering vegetated wetland at the rear of this property. An investigation of the Bedford conservation commission's records revealed that the wetlands were altered during extensive landscaping of the property. The commission took enforcement against Broglino for the violation through issuance of an enforcement order in 2001 that required restoration and the filing of a notice of intent to govern the restoration work and completion of the landscaping activity. A notice was filed and the commission did issue approval for work on 4/4/02 including special conditions with specific requirements for restoration. On 5/14/08 MassDEP staff inspected the property with Broglino and found that approximately 3,397 square feet of wetlands had originally been altered by pushing excess old subdivision fill into the wetlands covering the fill with loam, and seeding with turf lawn. In response to the order, Broglino removed the fill and loam but never performed any of the required restoration planting. Instead, after removing the fill, Broglino reestablished a turf lawn over the altered area and continued to maintain it as lawn in violation. Today's Order requires Broglino to fully delineate and restore the altered wetlands and conduct monitoring with design, direction and reporting by a qualified wetland scientist. MassDEP has agreed to suspend $14,500 of the Penalty pending full compliance with the Order on 10/31/10. MassDEP negotiated the suspended penalty based on personal and financial circumstances under MassDEP's policy covering homeowners.

2/4/09: MassDEP entered into a Consent Order with a $16,050 Penalty involving Kevin Coffey for Asbestos violations at 136 Laurel Street in Fairhaven. Coffey failed to submit written notification to MassDEP for removal of friable asbestos containing material and also failed to contract for the proper disposal and asbestos work practices during the removal of asbestos from this residential property. Coffey is now required to contract with a licensed abatement contractor to clean-up his basement and properly dispose of remaining debris. Under MassDEP's Policy for Home Owners, the entire Penalty will be suspended pending compliance.

2/3/09: MassDEP entered into a Consent Order with White Pines Condominiums and its Board of Directors for continued Water Supply violations in Stockbridge. The owners have agreed to address repeated bacteria detections in this public water system. Under the Order, the facility has agreed to make the required infrastructure improvements to its storage tank to prevent continued violations.

2/3/09: MassDEP entered into a Consent Order with a $16,600 Penalty involving Emerald Realty Trust for Waste Site Cleanup violations in Spencer. MassDEP's audit of cleanup actions found that the Trust failed to meet final response action standards, failed to meet requirements for the phase four remedy implementation plan and remedy operation status. MassDEP's audit also found the failure to notify of a utility release abatement measure and failure to submit immediate response action status reports. Today's Order requires payment of a $2,400 with the additional penalty of $14,200 suspended pending the submittal of proper phase four response outcome reports and statements.

2/3/09: MassDEP entered into a Consent Order with a $19,975 Penalty involving Grubb & Ellis Management Services, Inc. for Waste Site Cleanup violations in Acton. The company failed to notify MassDEP of a release, and failed to submit a final response outcome within one year for a sudden release of two thousand (2,000) gallons of fuel oil. The release on 9/16/07 at 100 Nagog Park in Acton occurred when a high-level cutoff switch on a generator failed, causing fuel to pump from a 5,000 gallon capacity storage tank into a smaller 150 gallon storage tank. Oil overflowed from the smaller tank onto the generator room floor of the building and out the front door where it impacted pavement and soil. Grubb & Ellis Management, Inc. agreed to review its spill management plan and pay a $16,000 with the additional $3,975 suspended provided the company does not repeat the violations within one year.

2/3/09: MassDEP entered into a Consent Order with an $8,050 Penalty involving Stewart's Global Environmental Services for Water Pollution Control violations in Haverhill. Stewart's Environmental operates a septage treatment facility with a sewer connection to the Haverhill sewer system and they did not apply for renewal of their MassDEP sewer connection permit. Today's Order includes a requirement for Stewart's to secure a new sewer connection permit, upgrade its odor control facilities on the site. MassDEP has agreed to suspend the entire penalty contingent on timely completion of the required work.

2/1/09: MassDEP entered into a Consent Order with a $23,000 Penalty involving The Gem Group, Inc. for Air Quality and Hazardous Waste Management violations in Lawrence. As a result of a random selection, MassDEP conducted a multimedia inspection of the facility where it was revealed the company had hazardous waste management violations (since corrected), and had installed and operated an emergency generator without having obtained the required approval. In addition to paying $8,000 of the Penalty, the Gem Group will submit the required Air Quality plan application to MassDEP.. The remainder of the Penalty will be suspended if the company returns to and remains in compliance for one year.

January 2009

1/30/09: MassDEP entered into a Consent Order with a $5,750 Penalty involving Friends Crossing Trust for Groundwater Discharge violations in Easton. During a permit renewal review, MassDEP determined that not all required discharge monitoring reports (DMRs) on the effluent quality of the on-site wastewater treatment facility had been submitted. Also, some DMRs had been submitted late. The Trust consists of a 113-unit condominium association and a 36-unit rental development which contribute flow to the wastewater treatment plant. Today's Order requires the Trust to submit the DMRs and a sampling plan identifying sampling procedures. In addition, the Trust will submit a management plan which identifies proper maintenance, record keeping and sampling frequency. The application for a permit renewal will also require upgrades to the treatment plant.

1/30/09: MassDEP issued a Unilateral Order and a $6,350 Penalty Assessment Notice to North Bay Structures, Inc. for Asbestos violations at 21 Perrin Ave in Seekonk. The company failed to notify MassDEP of an asbestos demolition project involving the removal of asbestos containing shingles from a building. North Bay Structures also failed to ensure that the asbestos containing material remained wet until and after it was sealed into a leak-tight container for disposal. MassDEP attempted to resolve this matter on 4/9/08 but the company was nonresponsive to numerous attempts by MassDEP to finalize an agreement.

1/30/09: MassDEP issued a $23,575 Penalty Assessment Notice to, Wing Specialty Service Contracting, Inc. for Asbestos violations on a Northern Avenue location (the former Jimmy's Restaurant and Massport offices) in Boston. MassDEP inspected the demolition and asbestos abatement activities at the building, and found that work commenced prior to removing all asbestos materials from the building. Asbestos materials were found on the open second floor, mixed with demolition debris, on the sidewalk and near a waste container. In addition, MassDEP determined that asbestos material was being removed without sealing the work area, keeping the material wet, sealing the waste into leak-tight containers, or using air cleaning devices as required.

1/30/09: MassDEP entered into a Consent Order with Jae H. Chung for Waste Site Cleanup violations at 35 Richmond Lane in Adams. Chung, owns the property, which had been used as a dry cleaner and laundry from the mid 1940s until 2000, when it was purchased by Chung. Violations were for failure to submit cleanup reports within two years of classification effective date. A notice of delay was sent by MassDEP. The environmental consultant for Chung cited financial constraints, and site work activities including possible building demolition. New deadlines have now been set for submittal response actions report by 2/11/09. Additionally, Chung will submit cleanup plans by 7/15/09. Today's Order also contains stipulated penalties for future noncompliance with regulatory deadlines.

1/29/09: MassDEP executed a $57,515 Penalty involving Wojciski McPartland Development, LLC, for Wetlands and Water Quality Certification violations at122 Congress Street in Amesbury. The residential subdivision project, know as Spring Hill was being built under a MassDEP Superseding Order of Conditions, and Water Quality permit, but violations were found regarding specific conditions. In response to complaints from abutters, MassDEP found multiple areas of the site where inadequately constructed and maintained; that drainage structures, and/or failing erosion and siltation controls, had (and were continuing to) alter nearby waters and vegetated wetlands. MassDEP issued verbal compliance instructions to the contractors and subsequent inspections found there were continuing violations. A total of 3,000 square feet of bordering vegetated wetlands, 600 linear feet of river bank, and an undetermined amount of downstream land under water within a small ponded-area had been impacted. Today's Order requires implementation of a comprehensive site wide stabilization plan, full identification and restoration of all altered wetland resource areas and a long-term monitoring agreement. MassDEP has agreed to suspend $37,515 of the Penalty pending compliance

1/29/09: MassDEP executed a Consent Order with a $1,100 violations involving Lycott Environmental, Inc for Wetlands violations at Lake Prospect in Egremont. Lycott undertook work involved with application of herbicides to Prospect Lake in violation of a Final Order of Conditions (FOC) issued by the Egremont Conservation Commission. The FOC required prior written notice to all residents before undertaking lake treatment of herbicides. In addition to the Penalty, today's Order requires that Lycott develop a written protocol for ensuring fail-safe written notice to residents when required.

1/26/09: MassDEP with the state Attorney General's Office reached a Settlement with Durant Realty Trust/Leahy Excavating Company
(Audrey and Edward Leahy and the Stead Realty Trust) to complete the cleanup of their contaminated property in Holden in a timely manner. The complaint was the result of illegally dumped septage onto the property in Holden owned and operated by the Leahy's,, which contaminated the groundwater with chlorinated solvents. Similar contaminants were detected at low levels in the town's public water supply well located down-gradient from the property, and in a private well adjacent to the property. The Leahys agreed to cleanup the site and pay a $120,000.00 penalty, a portion of which will be suspended pending the completion of the cleanup activities at the site.

1/28/09: MassDEP issued a Unilateral Order to James F. Stanton, Jr. and Patricia D. Stanton for Wetlands violations at 26 Annapolis Way in Newbury. The Stantons own property at 26 Annapolis Way on Plum Island in Newbury. The entire site is on a Coastal Dune, bordering on a Coastal Beach on a Barrier Beach. On 12/30/08 MassDEP received a complaint that a large new house was being constructed without approval on the site on a solid block foundation. Upon inspection, MassDEP determined the construction was taking place on coastal dune and barrier beach and was inconsistent with an order of conditions as issued by the Newbury Conservation Commission. That order (August 20008) allowed for the replacement of an existing small single story home, but MassDEP withdrew its intervention/appeal of that order provided the proposed project plans were revised to meet coastal dune and barrier beach performance standards. Today's Order constitutes a cease-and-desist from all work within Wetlands jurisdiction pending further enforcement investigation. .

1/27/09: MassDEP executed a Consent Order with a $23,070 Penalty involving Hurley's Construction, Inc for Solid Waste violations in Revere. The violations were discovered by inspectors during an unannounced inspection of property at 777 Northshore Road in Revere. Hurley's Construction was storing a roll-off containing solid waste at this location in violation of the Solid Waste regulations requiring a permit and authorization for this activity. Today's Order requires removal of the container. MassDEP has agreed, under its small business owner policy, to suspend $22,570 of the Penalty pending full compliance for a period of one year.

1/27/09: MassDEP entered into a Consent Order with a $25,000 Penalty Swansea Crossing (Gator Swansea Partners, LLLC) for Groundwater Discharge violations in Swansea. The corporation discharged untreated wastewater in excess of 15,000 gallons per day without a Groundwater Discharge permit. The Respondent was ordered to inspect all of the on-site septic systems and hire an engineer to apply for a permit and construct a new wastewater treatment facility upon the agreed timeline. MassDEP agreed to suspend $18,100 of the Penalty pending full compliance with the terms of the Order.

1/27/09: MassDEP entered into an Amendment to an existing Consent Order with a $2,000 Penalty regarding Mother Brook, LLC, for Waste Site Cleanup violations in Boston (Hyde Park(). Today's' Order includes an extended deadline for submittal of a final Response Action Outcome statement. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil identified during the removal of an underground storage tank from the property.

1/23/09: MassDEP executed a Consent Order with a $12,430 Penalty regarding Ophir Optics, Inc. for Hazardous Waste Management violations at 1600 Osgood Street in North Andover. MassDEP determined that based on findings from an inspection and a review of data that showed the company was shipping more hazardous waste than that allowed by its small quantity generator status. The company was acting as a large quantity generator. In addition, Ophir Optics did not have an emergency plan or personnel training plan and had not filed its biennial report. The company also had several additional hazardous waste management violations involving storage and labeling.

1/23/09: MassDEP entered into a consent Order with Presidential Realty (Industrial Park) Corporation for Waste Site Cleanup violations at its former Colorado Fuel & Iron location in Palmer. After extensive compliance assistance efforts and negotiations during which the cost effectiveness of a number of potential permanent remedies were discussed and evaluated, MassDEP and Presidential Realty Corporation have reached an agreement with regards to the extensive cleanup of metals contamination in soils and adjacent wetlands at the former facility. The impacted wetlands are adjacent to the Quaboag River and are in an Area of Critical Environmental Concern (ACEC). The ACEC is known to contain a number of protected species. Under today's Order, the cleanup will include excavation, encapsulation and capping of the remedial waste within an existing abandoned building foundation on-site. This will result in a cost effective permanent solution for the site. Today's Order contains stipulated penalties in the event of noncompliance and requires that the proposed site remediation comply with all applicable permit requirements and be completed by December 2009.

1/23/09: MassDEP issued a $44,150 Penalty Assessment Notice to RDA Construction Corporation for Asbestos violations at the former Jimmy's Restaurant and Massport offices on Northern Avenue in Boston. MassDEP found during inspections of the demolition and asbestos abatement activities at the site that demolition had commenced prior to removing all asbestos containing materials from the building. Asbestos containing materials were found on the open second floor, mixed with demolition debris, on the sidewalk and near a waste container. Also, asbestos containing material was being removed without sealing the work area, keeping the material wet, sealing the waste into leak tight containers, or using air cleaning devices as required by the regulations. Several unsuccessful attempts were made by MassDEP to reach a settlement with RDA before today's assessment action.

1/23/09: MassDEP was informed that a Worcester County Grand Jury returned five indictments against the Mayo Group Development LLC, for the improper removal of asbestos at a ten-story commercial building in downtown Worcester. The Mayo Group, a real estate investment, development, and management company headquartered in Boston, was indicted on charges it violated the Clean Air Act for failure to file notices of asbestos removal with MassDEP (2 counts), failure to comply with procedures for asbestos emissions control (2 counts), and improper disposal of asbestos waste (1 count). The indictments stem from an Environmental Strike Force investigation, which revealed that the Mayo Group used its own employees to demolish parts of the building, failed to conduct a full asbestos survey of the building, and failed to properly handle and remove asbestos. Residents who were living in the building while demolition was happening were exposed to asbestos, a known carcinogen. An arraignment date has not yet been scheduled.

1/22/09: MassDEP entered into a Consent Order with a $1,630 Penalty involving the town of Bourne for Solid Waste Management violations at the Bourne landfill. Based on inspections of the landfill, MassDEP found that the town failed to keep records regarding enforcement of the state's waste-bans and had inadequate litter control measures. The Town will implement controls (repair portions of existing fence and install additional fencing) to prevent litter migration offsite). In addition, the town will perform a Supplemental Environmental Project (SEP) under which the town will provide asbestos awareness training for selected municipal workers from selected Massachusetts communities at no cost to those other communities. Workers will be trained to prevent the inclusion of asbestos containing materials from entering the waste stream destined for disposal at the Bourne landfill.

1/22/09: MassDEP entered into a Consent Order with a $22,425 Penalty involving Mohawk Estates Property Owners Assoc. for Water Pollution Control violations in Heath. Mohawk Estates failed to repair leaking tight tanks discovered by the local board of health in a timely manner, thereby allowing discharge of untreated sewage to the ground water. In addition, Mohawk Estates made repairs before the permit was approved and installed the new tanks without inspection or approval. Mohawk Estates is required to submit documentation from its consultant that the tight tank has been installed in compliance with state regulations, complete the required permit process, and request a certificate of compliance for the repairs. MassDEP has agreed to suspend $18,425 of the Penalty pending full compliance with the Order.

1/22/09: MassDEP issued a $250 Penalty Assessment Notice to Brian Pelletier for Air Quality violations in Brimfield. MassDEP found that Pelletier conducted open burning without a permit in May 2007. Pelletier was burning brush in a cut-up steel tank, and the fire spread to nearby lumber

1/21/09: MassDEP entered into a Consent Order with LaValley Oil Company, Inc. for Waste Site cleanup violations at South State Street in North Adams. As owner of the property, the company was found to have failed to submit phase two and three (assessment) reports within two years of the permit effective date. MassDEP had sent the company's environmental contractor a notice of delay in submitting its reports New deadlines have now been set for submitting its assessment and cleanup plans and reports by no later than 10/6/09.Today's Order also contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines

1/21/09: MassDEP entered into a Consent Order with an $11,500 Penalty involving Shetland Properties, Inc. for Waste Site Cleanup violations at 45 Congress Street in Salem. Shetland is the owner and/or operator of the property where it failed to meet deadlines set out in a notice of noncompliance on 10/14/08. Today's Order requires a Release Abatement Measure within 120 days, followed by the assessment and selection of cleanup plans (phase two and three) by 9/30/09 and 12/30/09. The next phase, implementation of the cleanup plan (phase four) is due by 4/30/10. A final response action outcome is due by 8/17/11. MassDEP has agreed to suspend $6,500 of the Penalty pending full compliance with terms of the Order.

1/21/09: MassDEP issued a $32,200 Penalty Assessment Notice to Wood Waste of Boston, Inc. for Solid Waste violations at 85-87 Boston Street in Everett. On two separate days during December 2008, MassDEP confirmed odors and dust emanated from Wood Waste's construction and demolition waste processing facility. Wood Waste's activities resulted in the creation of nuisance conditions and air pollution in the surrounding area. Today's Penalty is due to the failures to implement procedures and practices to prevent the development of these odor conditions and failure to undertake suitable measures to control dust, in accordance with requirements in the Solid Waste Management regulations.

1/21/09: MassDEP and the Massachusetts Registry of Motor Vehicles reached an Agreement with Leo & Sons Auto Repair & Towing, Inc. in Lawrence. MassDEP and the Registry executed a Consent Order with a $24,000 Penalty involving Leo & Sons for violating the Motor Vehicle Emissions Inspection and Maintenance regulations. Leo & Sons is a licensed by the Registry to conduct motor vehicle safety and emissions inspection. After analyzing data from the state's vehicle inspection database, MassDEP found inconsistent vehicle data for 12 emission inspections, indicating the occurrence of improper and illegal emission inspections. MassDEP and the Registry also conducted follow-up inspections of the facility. Today's Order suspends the license of Leo & Sons for two years with 30 days of the license suspension served and the remainder stayed, pending no further improper inspections. This is the first resolution in cases that were developed by MassDEP's Environmental Strike Force, the Inspection & Maintenance Program and the Registry.

1/16/09: MassDEP entered into a Consent Order with an $8,000 Penalty involving Brendon Five Properties Realty Trust (Leslie S. Carey, trustee) for Wetlands violations in Shrewsbury. The Trust, based in Southborough, has agreed to resolve violations that occurred during the construction of a real-estate sub-division located off Green and South Streets in Shrewsbury. MassDEP observed the discharge of silt and sediment-laden runoff from exposed, unstable soils that resulted in alterations to stream bank, land under water bodies, and bordering vegetative wetlands. This activity was carried out in violation of an existing Order of Conditions issued by the Shrewsbury Conservation Commission. Today's Order requires implementation of an erosion and sedimentation control plan to prevent any further damage, and a wetland restoration plan to restore the altered wetland resource areas. All work will be supervised by a wetlands specialist and must be completed by April of 2009. Today's action will result in restoration of 2,500 square feet of BVW, 5,000 square feet of land under water, and at least 50 linear feet of bank.

1/16/09: MassDEP entered into a Consent Order with a $4,000 Penalty involving Kutsher's Sports Academy (KSA) for Water Supply violations in Great Barrington. KSA had operated as a public water system without the required approvals, monitoring and operator oversight as required. Today's Order requires KSA take steps to meet standards, including it conduct monitoring, obtain permits for a new source, reactivate the facility as a public water supplier, and include a notice with the deed regarding its status.

1/16/09: MassDEP issued an Amendment to an existing Consent Order for Water Supply violations involving the town of Hardwick. Today's Amendment provides additional time for installation of the town's corrosion control treatment facility.

1/16/09: MassDEP entered into a Consent Order with Bethany House for Waste Site Cleanup violations at 55 Spring Street and 99 High Street in Holbrook. The property is owned and occupied by "Avon Custom Mixing". At this location, a release of silver and petroleum hydrocarbons to the soil and/or groundwater was reported in April 1997. Access issues between the prior and current owner hindered timely cleanup response actions. Today's Order provides new deadlines with stipulated penalties for failing to meet cleanup deadlines

1/16/09: MassDEP entered into a Consent Order with a $38,000 Penalty involving Crane & Company for environmental violations at its facility in Dalton. Crane & Company discharged elevated levels of ammonia to the Housatonic River from its wastewater treatment plant. On 1/26/08, a flange on a chemical metering pump failed, allowing an estimated 2,500-2,900 gallons of 40% liquid urea to discharge into a containment area at the wastewater treatment plant. On 1/28/08, Crane employees were aware this discharge had resulted in multiple fish kills in the river. Crane failed to notify MassDEP within two hours, however, MassDEP - as well as state Fish and Game's and Division of Fisheries and Wildlife personnel - response crew did document the extent of the fishkill. Crane has now completed all necessary response actions as required by MassDEP, and retrained its wastewater treatment personnel on proper response in the future. MassDEP has agreed to suspend $30,000 of the Penalty. Crane has agreed to perform a Supplemental Environmental Project (SEP) wherein Crane will Install on-line wastewater treatment that monitors and provides early warnings when problems at the wastewater treatment plant occur. This allows Crane to take immediate actions to address the problem and prevent discharges to the river that could result in impacts to fish and other aquatic life. Secondly, Crane will retrofit an existing steam turbine at one of Crane's mills to produce electricity on-site for use as part of Crane's raw materials processing operations. This project will reduce the amount of electricity Crane has to purchase from the electrical grid, resulting in reduced emissions of mercury and decrease greenhouse gases from off-site power plants.

1/16/09: MassDEP entered into a Consent Order with a $17,250 Penalty involving Electrochem Solutions, Inc for Air Pollution violations at its facility in Raynham. During a permit-related inspection of the facility, MassDEP found that Electrochem Solutions, Inc., had constructed and operated air pollution control equipment (a 'scrubber') prior to obtaining the required comprehensive plan approval. In addition to the Penalty, the company has agreed to bring the facility into compliance.

1/16/09: MassDEP issued a Unilateral (cease and desist) Order to Twomey & Lagare Contracting, Inc. due to Wetlands violations at 33 Southern Boulevard in Newbury. Twomey & Lagare is the contractor performing construction on this property owned by Edward Mazur on Plum Island. The entire site is on a coastal dune, bordering on a coastal beach on a barrier beach. Mazur had filed to construct a second floor addition to an existing dwelling with no expansion of footprint and MassDEP provided comments expressly stating that the proposed construction should be limited to the second floor only. In July of 2008, the conservation commission concurred and work for the second floor addition only was approved. After receiving a complaint, MassDEP visited the site and found an entirely new house being constructed on the old block foundation. Construction materials, debris, and a portable toilet unit were placed and stored on vegetated coastal dune, and, the ten-foot no disturbance zone imposed for the project was being compromised. All work within the Wetlands jurisdiction is ordered to cease. MassDEP also issued a Unilateral (cease and desist) Order to Edward Mazur for these Wetlands violation.

1/16/09; MassDEP entered into a Consent Order with a $1,625 Penalty involving Swan Dyeing & Printing Corp. for Hazardous Waste Management violations at its Fall River facility. A multi-media inspection by MassDEP found that Swan Dyeing & Printing Corp. was generating more hazardous waste than allowable under its registration status. MassDEP records indicate the company avoided paying the annual compliance fee and realized an economic benefit of $1,050 over a two-year period.

1/14/09: MassDEP entered into a Consent Order with a $25,000 Penalty involving Univar USA for Hazardous Waste Management violations. Univar USA is a licensed hazardous waste transporter and chemical distributor based in Salem. While performing an audit of Univar's hazardous waste transportation operations during a 6/20/08 inspection, MassDEP personnel determined that Univar had on several occasions over a two-year period transferred hazardous wastes between vehicles without the required license. Under its agreement with the company, Univar will help restore the Salem Fire Department's firefighting foam trailer to operable condition and resupply it with foam at a cost of $12,500, and pay a $6,250 penalty with the balance waived if there are no subsequent violations.

1/13/09: MassDEP entered into a Consent Order with a $5.450 Penalty involving Shawmut Corporation for Air Quality and Hazardous Waste Management violations in West Bridgewater. A multi-media inspection of the Shawmut Corporation, revealed violations relative to recordkeeping requirements, an incomplete (emergency) contingency plan, improper labeling of containers and hazardous waste storage areas as well as operating out of its (self) registered status as a hazardous waste facility. In addition to the Penalty, the facility has agreed to bring the facility into compliance.

1/12/09: MassDEP issued a Notice of Intent to Assess a $3,000 Penalty to Accutech Insulation and Contracting, Inc. for Asbestos violations in Worcester. Accutech is a Ludlow-based licensed asbestos abatement contractor. In February of 2007, MassDEP inspected an asbestos-removal project at Worcester's North High School and observed violations involving the improper removal and handling of asbestos. MassDEP and Accutech were unable to resolve the noncompliance matters resulting in today's Order.

1/12/09: MassDEP entered into an Amendment to an existing Consent Order with Berkshire School for Water Supply violations at its facility in Sheffield. Today's Amendment provides additional time to complete the installation of replacement storage structures that are necessary to provide at least two days of storage.

1/12/09: MassDEP executed a Consent Order with a $2,000 Penalty involving Complete Disposal Company, Inc. for Hazardous Waste and Industrial Wastewater Management violations in Westfield. MassDEP's inspection on 1/30/08 of the company's facility on North Street determined that the company had failed to certify an in-ground industrial wastewater holding tank with MassDEP as well as having failed to properly register its status as a hazardous-waste generator, as well as notifying MassDEP of its waste-oil recycling activity. The inspection also revealed noncompliance with hazardous waste management and labeling requirements. The company has cooperated with MassDEP and has initiated corrective actions.

1/12/09: MassDEP entered into a Consent Order with a $750 Penalty involving the Friends of Prospect Lake Association (FPLA) to address Wetlands violations in Egremont. The FPLA authorized a consultant to apply herbicide treatment at Prospect Lake without providing notice to downstream property owners as required. Today's Order requires FPLA to develop a written public notification protocol for all future lake treatment activities - including written documentation from the appropriately-designated environmental consultants - that the protocol has been followed and the project is in compliance.

1/12/09: MassDEP entered into a Consent Order with an $8,610 Penalty involving Cumberland Farms, Inc. for Air Quality (vapor-recovery) violations at its Allston (Boston) and Chelmsford locations. The company, which is based in Canton, had violations involving the vapor-recovery equipment at its gasoline pumps. As a result of a complaint, MassDEP inspected the Allston location in April 2008 and the Chelmsford location in August 2008. A notice of noncompliance (NON) for Stage II equipment and paperwork violations was issued to the Allston facility in May 2008, and a reply indicating it had returned to compliance was received in May 2008. A follow-up inspection at the Allston facility found continuing violations. The Chelmsford facility received a 30-day violation letter for equipment and paperwork violations. Under today's Order, Cumberland will correct the violations and MassDEP has agreed to suspend $1,160 provided the company returns and remains in compliance.

1/12/09: MassDEP entered into a Consent Order with a $19,835 Penalty involving the Stonegate at Weston Condominium Trust for Groundwater Discharge violations at Jericho Road in Weston. During the years 2006-2008, Stonegate consistently failed to submit its required discharged monitoring reports and exceeded the effluent limits established in its permit for Biochemical Oxygen Demand and Total Nitrogen. Under today's Order, Stonegate will evaluate its wastewater system and make the necessary improvements (after MassDEP approval) to ensure that the wastewater system is compliant. MassDEP has agreed to suspend $4,835 pending full compliance

1/9/09: MassDEP entered into a Consent Order with a $28,730 Penalty involving the Massachusetts Port Authority for Hazardous Waste violations at 200 Seaport Boulevard in Boston. MassDEP found that during 2007 and 2008, MassDEP generated hazardous waste for which it had not properly registered. The violations included its property (a barge) at 200 Seaport Boulevard, Boston and 95 Fargo Street, Boston. Massport also violated proper labeling, training plan, and aisle spacing requirements with the hazardous waste containers. Today's Order requires Massport to properly register and provide proper training to personnel, affix the proper labels to the hazardous waste containers and areas, and provide adequate spacing for inspections when accumulating hazardous waste containers.

1/9/09: MassDEP entered into a Consent Order with a $20,964 Penalty involving James M. Killion for Wetlands violations at 35 Beech Street in Tewksbury. MassDEP issued a Unilateral Order in November of 2007 for alteration of 2,500 square feet of bordering vegetated wetland, plus alteration of bordering land subject to flooding and river front area of the Shawsheen River. Today's Order contains implementation of an already approved plan to restore all wetland resource areas with long term monitoring. Based on the demonstrated financial hardship of the respondent, MassDEP has agreed to completely suspend the Penalty provided full, and documented, compliance is shown for a period of five years.

1/9/09: MassDEP issued a Notice of Intent to assess a $26,375 Penalty to Stephen Lowe for Wetlands violations in Hubbardston. Lowe is the developer of property at a sand and gravel operation located off Gardner Road in Hubbardston. At the request of the Hubbardston conservation commission, MassDEP inspected the property and noted violations in wetland resource areas at four locations on the property. No permits had been issued for work within a wetland resource area. MassDEP and Lowe were not able to reach agreement regarding a proposed Consent Order to correct the violations, resulting in the issuance of today's Penalty.

1/9/09: MassDEP issued a Unilateral Order to Stephen Lowe of Hubbardston due to Wetlands violations. Lowe is the developer of a property at a sand and gravel operation located off Gardner Road in Hubbardston. Today's Order requires violations to cease including erosion and sedimentation from construction activities that resulted in the alteration of wetland resource areas in four locations on this property. MassDEP had issued an Order in June of 2007, requiring the property owner to stop alteration and hire a specialist to determine the extent of wetland resources areas. However, MassDEP and Lowe were not able to reach agreement regarding a proposed Consent Order. Today's Order outlines the additional work needed in order to bring the site into compliance and establishes a schedule with deadlines for remove the fill, and requires Lowe to follow a plan approved by MassDEP for the restoration of altered wetland resource areas. This action will result in restoration of one-half acre of bordering vegetative wetland and 5,000 square feet of river front

1/9/09: MassDEP issued a Boil Water Order to the Wilkinsonville Water District, a community public water system serving 2,600 customers in Sutton. The contract operator notified MassDEP that all seven of the District's total coliform samples collected in the distribution system and the source (from 1/6/09) confirmed positive for total coliform (bacteria). The entry point sample also confirmed positive for e.coli. These sample locations with the positive results indicated widespread bacteria and not an isolated incident. This system is not routinely disinfected. MassDEP deems this a severe violation for bacteria and the microbiological contamination as a threat to public health. Under today's Order, the District is required to notify persons by hand-delivery, and/or other means, of the need to boil the water until further notice. Further, that it implement emergency disinfection within the distribution system. Additional sampling and corrective actions are required under the direction of MassDEP. These and follow up actions will result in the protection of the District's customers.

1/8/09: MassDEP executed a Consent Order with Tyngsboro Plaza Trust for Water Supply violations at 130 Middlesex Road in Tyngsboro. Tyngsboro Plaza Trust was operating a public water supply without written approval from MassDEP. The Trust owns a commercial plaza which includes a restaurant/tavern and a separate structure that houses several small commercial entities. Today's Order requires Tyngsboro Plaza Trust to fully disconnect the service line from its on-site well, and to connect to the Tyngsboro Water District. Tyngsboro Plaza Trust has since taken the necessary steps to comply with the conditions.

1/8/09: MassDEP entered into a Consent Order with a $17,400 Penalty involving T.C. Murphy, Inc for Asbestos violations at, Bradley School at 220 Beachview Road in East Boston. MassDEP responded to a complaint at the Bradley School where it was found the company had performed asbestos abatement at the site without notifying MassDEP as required by the regulations. MassDEP has agreed to suspend $13,400 of the Penalty pending full compliance with the terms of the Order for a period of one year.

1/7/09: MassDEP entered into a Consent Order with Albert Norgeot for Waste Site Cleanup violations at 26 Giddiah Hill Road in Orleans. Norgeot is the owner of the property and failed to comply with cleanup deadlines established in a Notice of Noncompliance. MassDEP identified violations that applied to the Activity & Use Limitation (AUL) at this site. MassDEP notified Norgeot of a sixty-day deadline established for the correction of the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time in order to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct violations.

1/6/09: MassDEP entered into a Consent Order with Veolia ES Technical Solutions for Toxics Use Reduction Act (TURA) violations at its facility in Stoughton. The company failed to keep adequate records of emissions and TURA compliance. A multi-media inspection revealed the company had failed to keep records of all emissions to the air along with other TURA record keeping discrepancies. Under today's Order the company agreed to bring the facility into compliance.

1/6/09: MassDEP executed a Consent Order with an $18,137.50 Penalty involving the Environmental Source Corporation (ESC) for Asbestos violations in Westborough. ESC is a Lawrence-based, licensed asbestos abatement contractor. MassDEP found multiple violations in April of 2008 during an inspection of an on-going asbestos removal project at a residential property located in Westborough. The company is required comply with all applicable regulations in the future and MassDEP has agreed to suspend $8,637.50 provided there are no repeat violations within the next one-year period.

1/6/09: MassDEP executed a Consent Order with a $19,000 Penalty involving Interstate Container Fitchburg LLC for Industrial Wastewater violations in Fitchburg. During an inspection by MassDEP in June 2008, the company was found to be operating its wastewater pre-treatment system without a licensed wastewater treatment plant operator for the last four years, it failed to have an up-to-date Operation & Maintenance manual, and it failed to have a staffing plan for the system. Under today's Order, the company agreed to comply with applicable regulations.

1/6/09: MassDEP executed a Consent Order with a $10,637.50 Penalty involving Medchem Products, Inc. for Air Quality violations at 160 New Boston Street,in Woburn. In response to air emission information submitted by Medchem (per the need to satisfy a previous requirement settled on 9/17/08), MassDEP determined that Medchem is operating as a small source of VOC's without approval. MedChem agreed to submit the proper application, pay twice the required permit application fee, and pay the administrative Penalty of $10,637.50.

1/5/09: MassDEP entered into a Consent Order with the town of Rutland for Wetlands violations that occurred on town-owned property that abuts the Glenwood Elementary School. MassDEP inspected the area and observed that logging activities beyond the approved cutting plan had resulted in alterations to a bordering vegetative wetland, stream bank, and the adjacent buffer zone. No wetlands permit had been issued for these activities. Today's Order requires the town to implement the wetlands restoration plan - as approved by MassDEP - and to retain a wetlands specialist to supervise the work. All work is required to be complete by September of 2009. This action will result in restoration of 2,500 square feet of BVW and 100 linear feet of bank.

1/5/09: MassDEP entered into Consent Order with a $15,000 Penalty involving Creative Chemicals, Inc, for Solid Waste and Hazardous Waste Management violations at 3 Church Street in Palmer. The company, based in Holyoke, was found to have discharged pollutants to the ground at its former Palmer facility. The violations were discovered during a MassDEP and Palmer Fire Department inspection of the company's on 4/3/07. The company, which terminated its activities in Palmer during the first half of 2006 and moved to Holyoke, had abandoned substantial quantities of chemicals and hazardous wastes. Many of the chemicals and waste materials were in containers and tanks that were not in compliance with the hazardous waste management requirements and were left in a state of disarray through out the facility. As a result of mismanagement of the chemicals and hazardous wastes, as well as not maintaining in good condition an open, in-ground tank located in the basement of the facility, releases of chemicals into the ground had occurred. In addition, many computer/electronic components and Cathode Ray Tubes were disposed of in a dumpster in violation of the solid waste regulations. Immediately after the April 2007 inspection, MassDEP required the company to implement corrective actions which, among other things, entailed compilation of an inventory of the chemicals and hazardous wastes, evaluation of all tanks and containers, consolidation of the materials for proper management, use and/or disposal, and assessment of the facility for potential releases to the environment. In addition to the Penalty, the company has since complied with MassDEP's directives and has taken actions to clean up its former Palmer facility.
1/5/09: MassDEP entered into a Consent Order with $6.957 Penalty involving Lowe's Home Centers Inc. for Waste Site Cleanup violations at 850 Route 44 in Raynham. Lowe's Home Centers, Inc., is the owner and operator of a retail store located in Raynham where a release of hydraulic oil occurred for which MassDEP did not receive timely notification. Because of the delay in reporting and cleanup, hydraulic oil was spread across the parking lot by vehicular traffic, exacerbating the release. In addition to the Penalty, the company has agreed to comply with all applicable regulations regarding notification.

1/2/09: MassDEP entered into a Consent Order with a $2,000 Penalty involving Robert Johnson-Wyman Petroleum for Waste Site Cleanup violations in Chicopee. MassDEP found the gasoline station owner failed to properly undertake and document the completion of response actions and comply with previously sent notices from MassDEP. Previously on 11/1/06, a Notice of Noncompliance (NON) was issued to Mr. Johnson for failure to continue to undertake response actions and submit required reports. A deadline of 12/15/06 was established for completion of required response actions. There was no response by Johnson. On 11/5/08, MassDEP inspected the site and found that a remedial system had operated at the site for approximately two years, and that the system had been shut off sometime in late 2007. The system was still on-site at the time of the inspection, along with eight drums believed to contain remediation waste from previous actions completed in 2005. Violations identified by MassDEP included failure to submit response action plans and status reports and failure to remove remediation waste in a timely manner. In addition to the Penalty, Johnson has now agreed to resolve outstanding violations and agreed to complete the response actions in a timely manner.