December 2010

12/30/10: MassDEP entered into a Consent Order with a $1,250 Penalty involving World Color Printing (USA) Corporation for Air Quality violations in Leominster. The company is a national commercial printer that has a local facility. MassDEP on 2/16/10 conducted an unannounced inspection, which revealed that the company failed to operate its continuous temperature monitor properly, or conduct its annual catalytic media activity test on its air pollution control equipment, as required by the company's (air quality) plan approval. Under the terms of today's Order, the company will take the necessary steps to return to compliance, pay a $1,250 Penalty. In addition, the company will complete a Supplemental Environmental Project (SEP) worth an additional $3,750. Under this SEP, the company will provide funds for the purchase of toxic-gas monitoring equipment for the Office of Emergency Management in the city of Leominster.

12/29/10: MassDEP entered into a Consent Order with a $25,000 Penalty regarding U.S. Petroleum Corporation for Waste Site Cleanup violations at 297 Concord Avenue in Cambridge. Today's Order includes timelines for submittal of a tier two (permit) extension and a final response action outcome statement to return this site to compliance. This site has been in the system since 2001. Under today's Order, U.S. Petroleum Corp. will pay $2,500 with the remaining $22,500 of the Penalty suspended pending compliance. The suspended penalty will come due if U.S. Petroleum Corp. fails to comply with the response action deadlines established. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from the removal of underground storage tanks.

12/29/10: MassDEP entered into a Consent Order with a $6,400 Penalty involving, J F & P Realty Trust for Waste Site Cleanup violations in Maynard. The Trust failed to notify MassDEP within 120 days of its having obtained knowledge that two releases of oil/hazardous material had occurred on its property above the reportable concentrations. The Trust agreed to pay the 6,400 Penalty for failing to notify MassDEP in a timely manner.

12/28/10: MassDEP concluded a Consent Order with a $1,790 Penalty involving the town of Otis for Water Supply violations. Specifically, the town failed its responsibility as a public water system at the Otis Recreation Center and for compliance with the Massachusetts drinking water requirements (staffing, operation, emergencies and reporting) at the Otis Municipal Building. The entire Penalty is suspended pending compliance with the outstanding drinking water requirements.

12/23/10: MassDEP entered into a Consent Order with a $17,800 Penalty involving Gregory J. Bruett for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead. Bruett is the owner and/or operator of the property at 195 Pleasant Street where MassDEP found violations including the failure to meet deadlines set out in a previous Consent Order dated 1/31/08. Today's Order requires an immediate response action status report by 2/28/11, and a phase two assessment report and a phase three remedial action report by 9/30/11 and a phase four remedy implementation plan report by 9/30/12 and a final response action outcome statement by 9/10/13. Under today's Order, Bruett has agreed to pay $8,000 of the Penalty, with the remaining $17,800 suspended and a stipulated penalty provision for any missed deadlines.

12/22/10: MassDEP entered into a Consent Order with a $5,000 Penalty involving Frank Desantis for Air Quality and Solid Waste violations in Ware. MassDEP inspected Desantis' residence in Ware and found that Desantis had installed and was operating a home-made incinerator fabricated from a steel tank in which Desantis was burning solid waste material, including tires. As part of a settlement agreement, Desantis has agreed to dismantle and remove the incinerator, cease burning solid waste and pay a penalty of $3,000. MassDEP has agreed to suspend $2,000 of the Penalty pending Desantis' compliance with the terms of the agreement.

12/22/10: MassDEP entered into a Consent Order with Paul DiRosario for Wetlands violations in Brimfield. An inspection by MassDEP found grading and clearing at DiRosario's residence had altered 110 feet of bank of an intermittent stream without permits in connection with a repair or a washed-out driveway owned by DiRosario. DiRosario spoke to town officials about the work but was not advised of the need for permits. The homeowner's policy was implemented in this case and no penalty assessed, however, tree planting and other restoration work is required by the Consent Order.

12/22/10: MassDEP issued a $35,100 Penalty Assessment Notice to Erik Erkkinen for Asbestos violations at a residential rental property located in Pittsfield. MassDEP inspected the site in response to a complaint received from an inspector of the Massachusetts Division of Occupational Safety. MassDEP determined that Erkkinen had removed asbestos transite siding from the property without filing an asbestos notification form and without instituting the proper asbestos removal and disposal work practices. MassDEP's investigation also revealed that Erkkinen had transported some of the asbestos-containing waste material to his home in upstate New York. Mr. Erkkinen has cleaned up the site and properly disposed of all of the asbestos-containing waste material.

12/20/10: MassDEP entered into a Consent Order with a $10,350 Penalty involving John Freeman, as trustee of J F Trust, for Waste Site Cleanup violations at 67 Smith Place in Cambridge. J F Trust is the owner and/or operator of the property which has been subdivided into a residential and an industrial area. JF Trust is building residential properties on the site. The owner excavated in the area of an area delineated under an Activity and Use Limitation. This work was done prior to filing a plan, a so-called release abatement measure with MassDEP. This action is in violation of Waste Site Cleanup violations. Soil was stockpiled on this site in a non secure manner in violation, and stored on site for more than 120 days in violation. Today's Order requires a release abatement measure status reports, proper removal of stock piles and a focused phase two assessment for the residential area with further environmental testing. Under today's Order, the Trust has agreed to pay $8,350 with the remaining $2,000 suspended pending compliance and a stipulated penalty provision for any missed deadlines.

12/20/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Jessica's Brick Oven, Inc. for Air Quality violations at its North Andover facility. Jessica's had commenced the installation of several rack ovens with potential volatile organic compounds emissions of one or more tons per year prior to receipt of the requisite written plan approval. Jessica's agreed to pay $4,500 of the Penalty with the remaining $1,250 suspended pending compliance with the Order and the underlying regulations for one year.

12/17/10: MassDEP entered into a Consent Order with a $2,362.50 Penalty involving Safety-Kleen Systems, Inc. for Hazardous Waste Management violations at 90 Rabbit Road in Salisbury. MassDEP found during a 7/28/10 inspection of its hazardous waste treatment, storage and disposal facility at 90 Rabbit Road the following: unexplained excess liquid in a spill containment system; an unlabeled container of waste; and, failure to conduct internal facility inspections in accordance with its approved license. MassDEP subsequently determined the liquid in the spill containment system was water, but its presence represented a violation. Additionally, the unlabeled container was determined to be waste oil, but failure to properly label the container also represented a violation. Finally, Safety Kleen Systems has addressed the failure to conduct facility inspections and has agreed to act in compliance with applicable regulations going forward.

12/17/10: MassDEP entered into a Consent Order with a $1,150 Penalty involving Anthony C. Lorusso (d/b/a Lorusso Stone Marble and Granite) for Industrial Wastewater violations in Shrewsbury. Lorusso Stone Marble and Granite was found to be discharging industrial wastewater to the ground in noncompliance with requirements/regulations. Today's Order establishes a series of options to be taken by the facility to return to compliance; after applying the Small Business Policy, a penalty of $1,150 was reached. Today's Order also contains a stipulated penalty provision for any future violations. This action will help ensure compliance with environmental regulations.

12/16/10: MassDEP executed a Consent Order with a $34,580 Penalty involving Julia A. Martino and Robert W. James as trustees of Consolidated Equipment Realty Trust. The Trust owns the property at 101 Rear Foster Street in Peabody where Waste Site Cleanup violations were found, specifically: failure to perform response actions within the established interim deadlines established by MassDEP in an 4/10/09 letter; failure to submit immediate response action status reports; failure to submit a phase reports; failure to achieve a response action outcome or remedy operation status; and, finally a failure to submit a (tier two) permit extension within the deadlines as established in a MassDEP notice of noncompliance sent on 3/30/09. New deadlines have now been established to return to compliance with the submittal of a status report by 3/11/11, a phase two assessment report and a phase three remedial action plan report by 6/1/11, a phase four remedy implementation report by 9/1/11, a tier two permit extension by 12/26/11, and a final response action outcome, or remedy operating status by 3/1/12. The entire $34,580 Penalty was suspended pending compliance with today's Order.

12/15/10: MassDEP entered into a Consent Order with an $8,970 Penalty involving Island Terrace Nursing Home in Lakeville. MassDEP executed today's Order with Island Terrace, Inc., which is the operator of Island Terrace Nursing Home, due to the facility's discharging of untreated wastewater in excess of 10,000 gallons per day without a Groundwater Discharge Permit. The discharge is located in the protective zone two of a public water supply and a protective zone "A" of a surface water supply. Island Terrace, Inc. has been ordered to inspect all of the on-site septic systems and hire an engineer to begin the design of a new wastewater treatment facility. MassDEP has agreed to suspend the entire Penalty amount in order to expedite the protection of the nearby public water supply.

12/14/10: MassDEP entered into a Consent Order with a $34,150 Penalty for Wetlands violations involving Michael McDonald at 26 Conte Drive Methuen. In response to a request from the Methuen Conservation Commission, MassDEP staff inspected the site and observed that cutting of trees, grading and filling with wood chips at the site had altered approximately 5,000 square feet of bordering vegetated wetland (BVW) within estimated rare wildlife habitat and approximately 5,000 square feet of riverfront area. Today's Order requires full restoration of altered BVW and riverfront area with long-term monitoring. McDonald has agreed to pay $1,500 with the remaining $33,650 suspended pending compliance.

12/14/10: MassDEP entered into a Consent Order with a $2,000 Penalty involving Getty Petroleum Marketing Inc., for Waste Site Cleanup violations at 331 Bennington Street in East Boston. Getty is the owner/operator of the property where there has been a failure to meet deadlines established in a previous Consent Order reached with MassDEP on 2/6/07. Today's Order requires a tier two (permit) extension to be submitted by 12/15/10, and a final response action outcome ore remedy operation status statement by no later than 12/15/11. There is also a stipulated penalty provision for any missed deadlines.

12/14/10: MassDEP issued a Demand for $7,000 in Stipulated Penalties to Weiss Farm, Inc. for failing to comply with a previous Consent Order reached with MassDEP on 7/22/10. The Farm at 170 Franklin Street in Stoneham had agreed to operating requirements in which the compost facility on the site would be operated in a manner that prevents unpermitted discharge of pollutants to air, water, or other natural resources of the Commonwealth, and results in no public nuisance. Further Weiss was required to address accumulated stormwater and maintain a condition that does not allow flooding of a pump access road or further degrade wetland resource areas. MassDEP staff observations on 10/29/10, 11/01/10 and 12/02/10 found that a public nuisance odor resulted on each day from site operations, and, the pump access road was flooded and wetland resource areas were degraded. The penalty is due within 30 days.

12/9/10: MassDEP issued a Declaration of a Water Supply Emergency for the property at 1561 Cold Spring Road Operating Company, LLC of Williamston (d/b/a/ Sweetbrook of Williamstown). MassDEP issued the Declaration in response to a request to increase use of one of its non-conforming sources. The request was made to provide sufficient water to the community public water system serving an elderly population. Arsenic was reported at levels of concern in two other primary wells serving the facility. The Order also allows the temporary use of bulk or bottled water to meet the system's needs.

12/8/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Elmcrest Country Club for Air Quality and Hazardous Waste Management violations in East Longmeadow. MassDEP's inspection of the country club's facility revealed numerous missing hazardous waste labels on drums, lack of signage (waste-oil) in the accumulation area, and not maintaining hazardous waste shipping manifests. The company was found to be dispensing gasoline without a vapor recovery system, and also failed to renew its permit to properly maintain an underground storage tank (UST). The company, which cooperated with MassDEP, has already initiated corrective actions to address the noncompliance. As part of the settlement agreement, Elmcrest Country Club will pay $3,000 of the Penalty with an additional $2,750 suspended pending the facility's compliance with the terms of the agreement. In addition, the facility will also pay $400 in unpaid annual compliance assurance fees for the vapor-recovery system.

12/8/10: MassDEP executed a Consent Order with Anna Deshommes (d/b/a Deshommes Properties) for Asbestos violations in Springfield. As a consequence of a complaint from a tenant, MassDEP conducted an inspection of a rental property located in Springfield. During MassDEP's investigation, it was learned that Deshommes, the owner of the property, had retained a plumber to replace a boiler at the property. Several bags filled with asbestos insulation and two boiler sections bearing remnant asbestos insulation were found in the basement of the property. Deshommes cooperated with MassDEP and timely cleaned up and properly disposed of the asbestos. After cooperating with MassDEP to locate the plumber and demonstrating a financial inability to pay a penalty, MassDEP executed today's Order. In addition, today's Order provides for stipulated penalties should Deshommes violate the asbestos regulations within one year.

12/7/10: MassDEP executed a Consent Order with the city of Somerville for Waste Site Cleanup violations involving the former Kiley Barrel site at 20-22 Prospect Street in Somerville. Specifically, MassDEP executed a second amendment to an existing Administrative Consent Order with the City of Somerville and the Somerville Redevelopment Authority, owners of 20-22 Prospect Street related to waste site cleanup violations. The amendment was issued to extend the deadline for submittal of a phase four or remedy implantation plan report until 5/25/11, and to extend the deadline for submittal of a final response action outcome, or remedy operation status by 5/25/12.

12/7/10: MassDEP BWSC executed a Consent Order with Lawrence Capodilupo, owner of ICL Imaging Corporation for Waste Site Cleanup violations at 51 Mellen Street in Framingham. Today's Order includes a timeline for submitting a phase two comprehensive site assessment report, a phase three remedial action plan, a phase four remedy implementation plan and a response action outcome statement in order to return the site to compliance with state regulations. This site has been in the system since 2007. This enforcement action will lead to the cleanup of hazardous material (silver) released to the environment via discharge to a stormwater drainage system.

12/7/10: MassDEP entered into a Consent Order with a $23,862.50 Penalty involving the Massachusetts Department of Transportation (DOT) for Water Pollution Control violations, specifically, tunnel discharges without a valid permit. On 11/2/09, MassDOT initiated a bypass to Boston Harbor of its sewer connection from the Ted Williams Tunnel (TWT). No permit or any other authorization for this tunnel drainage discharge had been issued by MassDEP. MassDOT failed to timely notify MassDEP of the bypass and discharge of tunnel drainage in accordance with a previous Consent Order as executed with MassDEP on 6/4/08. In addition, on 3/12/10 MassDOT discharged approximately 8,500 gallons of tunnel washing wastewater to Boston Harbor from at least one portion of the TWT without a valid permit. Mass DOT shall provide incident reports, sampling reports, and take mandatory steps to prevent future incidents. The penalty is due to the Commonwealth within 30 days.

12/7/10: MassDEP entered into a Consent Order with the town of Holland, for Water Supply violations in Holland regarding the status of its Senior Center as a public water system. The Town plans to register the facility as a public water system and to incorporate the existing source with required improvements and conditions.

12/7/10: MassDEP entered into a Consent Order with a $5,175 Penalty involving Hardwick Board of Sewer Commissioners for Water Pollution Control violations in Hardwick. Today's Order addresses the discharge of raw sewage to the Ware River from a break in the force main between the main pump station and the wastewater treatment plant. The force main has been the site of previous breaks and the subject of a prior Consent Order with MassDEP that had required a study of the town's wastewater infrastructure. Today's Order requires the upgrade of a pump station, replacement of segments of the force main and other collection system improvements. The entire penalty is suspended provided the improvements are made.

12/6/10: MassDEP entered into a Consent Order with an $8,625 Penalty involving Easton MHC, LLC, for Water Pollution Control violations in Easton. Easton MHC, LLC is the owner of a 122-unit manufactured home community in Easton which is served by a permitted wastewater treatment facility. Easton MHC LLC violated MassDEP's groundwater discharge permit regulations and terms. Today's Order requires Easton MHC to perform an Infiltration & Inflow investigation to assess the integrity and water tightness of the sewage collection system and treatment works and implement any necessary corrective measures. In addition, Easton MHC must update its operation & maintenance manual; and, submit as-built plans of the current wastewater treatment facility and the disposal field. Finally Easton MHC will submit engineering design plans to bring the disposal field into compliance with the permit and complete the necessary improvements to the disposal field.

12/6/10: MassDEP entered into a Consent Order with the city of Easthampton for Water Supply violations in Easthampton regarding multiple violations of the total coliform (bacteria) rule within a 12-month period. Today's Order includes submittal of a tank inspection and alternatives report and response requirements should another total coliform rule violation occur on or before 11/30/11.

12/3/10: MassDEP issued a Unilateral Order to Trent H. Davis for Asbestos violations at 119 East Street in North Attleboro. MassDEP requires that Davis, as owner and property manager of the site, cease and desist from any additional asbestos removal and/or handling activities at or associated with 119 East Street in North Attleboro. On 11/24/10 MassDEP inspected a three apartment building and the basement, where a boiler and heating pipes covered with asbestos containing thermal insulation were demolished in noncompliance of the MassDEP regulations. Immediately upon the effective date of today's Order, Davis has been ordered to cease and desist from all asbestos abatement activities, seal all windows, doors, stairwells and the HVAC system returns and remove any visibly damaged asbestos containing material debris in accordance with applicable regulations.

12/2/10: MassDEP entered into a Consent Order with Robertson's GMC Truck, Inc. for Groundwater Discharge violations in Wareham. MassDEP determined in July 2010 after a site inspection that Robertson's had a floor drain from the vehicle wash bay/service area that was discharging to an oil/water separator and ultimately to a leach field. Robertson's has agreed to an aggressive schedule to close out this unauthorized underground injection control well (the leach field) and complete an assessment of the discharge area.

12/2/10: MassDEP entered into a Consent Order with the town of Seekonk Department of Public Works for Waste Site Cleanup violations at 871 Taunton Avenue in Seekonk. Specifically the DPW failed to submit a revised final response action outcome statement, or alternate outcome statements by 2/22/10. Additional compliance activities are necessary to address a release of diesel fuel that occurred at the DPW garage at 871 Taunton Avenue. Today's Order establishes timelines for future submittals for compliance with the regulations.

12/2/10: MassDEP entered into a Consent Order with Penske Truck Leasing Company for Waste Site Cleanup violations at 1242 Shawmut Avenue in New Bedford. Specifically, the company failed to comply with the deadlines established in a Notice of Noncompliance (NON) in which MassDEP identified violations of the requirements applicable to the Activity & Use Limitation (AUL) that is attached to this site. In a Notice of Audit Findings/Notice of Noncompliance (NOAF/NON), a sixty-day deadline was established for the correction of the violations. The Department received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the AUL violations.

12/2/10: MassDEP entered into a Consent Order with the PDK Worldwide Enterprises, Inc. regarding Waste Site Cleanup violations at the (former) Westrex OEM Products at 51 Penn Street in Fall River. Specifically, MassDEP found a failure to comply with the deadlines established in a Notice of Audit Findings/Notice of Noncompliance (NON). In that Notice, MassDEP identified violations of the requirements associated with the final response action outcome statement submitted for this site. The violations were found as a result of a comprehensive audit by MassDEP. A sixty day deadline was established for the correction of these violations. Prior to the expiration of this deadline, MassDEP received a request from PDK Worldwide Enterprises, Incorporated for additional time to address these violations. Today's Order establishes the framework to correct the violations.

12/2/10: MassDEP entered into a Consent Order with a $26,000 penalty with Plymouth Water Company, a private water company supplying water to the Ponds of Plymouth development, for violations of the Water Management Act. PWC holds a (water management) permit to withdraw 220,000 gallons per day. PWC has been exceeding this authorized water withdrawal volume. Today's Order requires the respondent to initiate a rate case with the Massachusetts Department of Public Utilities and submit annual water use reports to the MassDEP.

12/1/10: MassDEP entered into a Consent Order with a $25,000 Penalty involving Ernesto Caparrotta for Wetlands violations in Rockland. Caparrotta, a real estate developer, was found to have altered approximately two acres of wetlands at property located off Hingham Street in Rockland. This case was identified as part of MassDEP's Wetlands Change Initiative. To bring this case to resolution, MassDEP staff worked in tandem with the federal US EPA and its Wetlands Enforcement program, which had issued an enforcement order to Caparrotta in June 2009. Under the terms of today's Order, in addition to the Penalty, Caparrotta will restore the altered wetland areas in accordance with an approved wetland restoration plan. As this Order also settles Caparrotta's appeals of MassDEP's wetland enforcement orders, it has been filed with Office of Administrative Dispute Resolution for the Commissioner's approval and issuance of a Final Decision dismissing the appeals.

November 2010

11/30/10: MassDEP entered into a Consent Order with a $55,000 Penalty involving the Commonwealth of Massachusetts-Department of Conservation and Recreation (DCR) for Wetlands violations at Winthrop Beach. The violations took place within Winthrop Shore Reservation on Winthrop Shore Drive in Winthrop. On the way to another site inspection MassDEP staff observed two unoccupied front-end loaders sitting on the beach/dune with small piles of sand in front of each bucket. Upon further investigation, MassDEP discovered that MassDCR machines had been deployed to perform work prescribed as part of a valid Order of Conditions that authorized a vegetation management plan. This plan was meant to control invasive species to improve and restore dune functions. However, it was also discovered and confirmed at a later site inspection with DCR representatives that the work was conducted in non-compliance with the provisions of the approved plan and without the proposed and required supervision. The work actually performed included machine excavation and vegetation removal of 143,076 square feet (approx. 3.28 acres) of 'coastal dune' beyond that originally proposed and not specifically authorized. Portions of this removal were within actual rare wildlife habitat. Also, MassDEP discovered during the investigation that DCR has historically and regularly performed grading and other "clean up" of the bathing beach portion of Winthrop Reservation without having first filed notification or receiving any authorization. Today's Order requires full restoration and enhancement of the 'coastal dune' functions including rare wildlife habitat, and long-term monitoring. Additionally, DCR is required to file a Notice of Intent by no later than 12/31/10, and receive the proper final order of conditions that will authorize all regular beach maintenance activities, including the recreation/bathing beach, prior to performing any such activities. The full $55,000 has been suspended in the document DCR remains in compliance with the terms of this Order until 11/30/14.

11/28/10: MassDEP issued a Declaration of Water Emergency to Woodland Park, Inc. in Charlemont. The Park has agreed to address a water shortage at this small community public water system. The Declaration allows the public water system to use bottled water or approved bulk water to meet its needs with conditions while the facility addresses its well and pump problem.

11/24/10: MassDEP penalized Webster Block LLC $12,945 for Waste Site Cleanup violations at 400 Eastern Avenue in Chelsea. The company failed to report contaminants discovered during an environmental assessment it undertook at a Chelsea property in 2006. Webster Block LLC purchased the property at 400 Eastern Avenue in Chelsea on December 29, 2006. The company is building a 120-unit residential apartment complex on the site. Webster Block notified MassDEP of the elevated levels of petroleum and metals on 8/27/10. MassDEP subsequently learned that Webster Block received a subsurface assessment of this contamination in soil as early as December 2006, but failed to file notification within 120 days as required. Today's order requires an assessment report, a risk characterization and confirmation that there are no contaminant exceedences in the area of the footprint of the building, along with a description of any cleanup actions deemed necessary to ensure the eventual achievement of no significant risk for the entire site. Webster Block will pay $8,000 of the penalty, and MassDEP has agreed to suspend the remaining $4,945 provided the terms of the cleanup plan are met. However, there is a stipulated penalty provision for any missed deadlines. A timely cleanup of the site will ensure that contamination does not impact nearby properties or the public health.

11/24/10: MassDEP entered into a Consent Order with a $9,000 Penalty involving Baker Commodities, Inc. for Wetlands violations at 134 Rear Billerica Avenue in Billerica. MassDEP became aware of the violation as the result of the Wetland Change Initiative review of aerial photographs. A staff site inspections confirmed that approximately 2,000 square feet of bordering vegetated wetland (BVW) had been altered by grading and the deposition of stumps, soil and rock materials. Similar activity had also been performed in the buffer zone to the BVW. There had been no prior notification filings regarding this work, and no authorization given for this activity. Today's Order requires full restoration of BVW, removal of materials and stabilization within 20 feet of the BVW and long-term monitoring. The company has agreed to pay $5,000 of the Penalty with the remaining $4,000 suspended pending compliance and issuance of a return to compliance letter.

11/24/10: MassDEP entered into a Consent Order with Maple Corner Farm for Water Supply violations in Granville. The Farm is owned by Leon and Joyce Ripley. Under today's Order the Farm, will register the facility as a public water system and incorporates the existing source. Today's Order includes requirements to meet the operator, monitoring and other public water system responsibilities of a transient non-community public water system.

11/22/10: MassDEP entered into a Consent Order with a $25,140 Penalty involving Adam Quenneville Roofing and Siding, Inc. for Asbestos violations in Chicopee. MassDEP conducted an inspection in April 2010 and determined that Adam Quenneville Roofing and Siding, Inc. had removed transite-shingle roofing from a residential property located in Chicopee without filing an asbestos notification form, and without instituting the proper asbestos handling procedures. Broken asbestos transite-shingle roofing was also found in the planting beds at the site. In October 2010, Quenneville had self-reported a disturbance of asbestos-containing material at another location in Chicopee. Quenneville cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up both of the sites. In a Consent Order with MassDEP, Quenneville agreed to pay a penalty of $25,140. The company will now pay $15,000 of the penalty, with the balance ($10,140) suspended for a one-year period provided that the company remains in compliance with the state asbestos regulations. Moving forward, Quenneville will be implementing procedures to prevent similar violations of the asbestos regulations from recurring in the future.

11/22/10: MassDEP issued a Declaration of a Water Emergency to Northampton Management Systems, Inc., for its facility in Northampton MassDEP issued the Declaration to address a water shortage at the company's Linda Manor Nursing Home facility. The Declaration allows the public water system to use bulk water to meet its needs with conditions while the facility addresses its well and pump problem.

11/22/10: MassDEP entered into a Consent Order with a $7,000 Penalty involving Morrison Construction for Air Quality and Solid Waste violations in Palmer. Following receipt of a report from the Palmer Fire Department regarding open burning of material at a gravel pit in Palmer, MassDEP conducted an inspection which revealed open burning of demolition debris constituting violations of both air pollution control and solid waste management regulations. Morrison, who cooperated with MassDEP during the investigation, immediately addressed the noncompliance issues at the burn location by removing the burnt debris. As part of a settlement agreement, Morrison agreed to pay $3,000 of the Penalty. An additional $4,000 will be suspended pending the company's compliance with the agreement.

11/19/10: MassDEP executed a Consent Order with a $30,000 Penalty involving Richard J. Lillis for Waste Site Cleanup violations at 3890 Washington St. in Roslindale (Boston). Lillis is the owner of 3890 Washington Street in Roslindale where the specific violations involved failure to submit a tier classification (permit) or a final response action outcome statement within the deadlines established in MassDEP's notice of noncompliance issued on 3/26/10. New deadlines have now been established to return this site to compliance with the submittal of a tier classification (permit) or a final response action outcome statement by 7/1/11. In addition, Lillis agreed to pay a $5,000 Penalty, with an additional penalty of $25,000 suspended, pending compliance with today's Order.

11/19/10: MassDEP entered into a Consent Order with Tantasqua/Union 61 School District for Water Supply violations in Brimfield. The 61 School District operates a public water system at Brimfield Elementary School. Today's Order addresses the repeat violations of the Maximum Contaminant Limit for total coliform and the actions the District is taking, and will take, in response to any future violations.

11/18/10: MassDEP entered into a Consent Order with an $8,700 Penalty regarding Scott Laurans for Asbestos violations at 131 Ocean Avenue in Dartmouth. Laurans was in noncompliance with Asbestos Regulations for not filing notification with MassDEP for the removal of asbestos containing material at 131 Ocean Avenue in Dartmouth. Under MassDEP's homeowner policy, the Penalty has been fully suspended.

11/17/10: MassDEP entered into a Consent Order with a $6,957 Penalty involving William Westman, as president of Hardwick General Store, Inc., for Water Supply violations in Hardwick. The violations concern the operation of Lazy Mary's Pizza as a public water system without approval. Today's Order requires that proper operations be undertaken to bring the water system into compliance and remain until such time as this facility is connected to the community public water system. MassDEP has agreed to fully suspend the Penalty pending compliance with the Order.

11/17/10: MassDEP entered into a Consent Order with Steven Turk for Waste Site Cleanup violations at 43 Grove Street in Millis. Turk has agreed to a legally enforceable schedule incorporating Waste Site Cleanup deadlines for this property. Under the terms of today's Order, Turk will submit a phase two (comprehensive site assessment) by 10/31/11; a phase three (remedial action plan) by 11/30/11; a phase four (remedy implementation plan) by 3/31/12; and, a final response action outcome statement by 7/31/12. Today's Order also contains a stipulated penalty provision for any failure to comply with the schedule.

11/17/10: MassDEP entered into a Consent Order with R.M. Packer, for Waste Site Cleanup violations at its 84 Beach Road facility in Tisbury. The company failed to comply with deadlines established in a MassDEP notice of noncompliance. MassDEP identified the violations as failure to implement selected feasible remedial alternatives in a timely fashion and failure to submit a final response action outcome for this site within the regulatory timelines as described in state cleanup regulations. In MassDEP's notice of audit findings/notice of noncompliance, a sixty-day deadline had been established for submittal. 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.

11/17/10: MassDEP entered into a Consent Order with a $60,000 Penalty Chase Home Finance LLC, for Waste Site Cleanup violations in Worcester. The company failed to comply with an existing Consent Order on 6/1/09 wherein it would hire a Licensed Site Professional (LSP) to oversee and conduct an Immediate Response Action (IRA) in accordance with MassDEP approval. The company failed to meet minimum requirements for this IRA assessment, failed to submit a release notification form (RNF) to MassDEP within 60 days, and failed to submit a written IRA Plan to MassDEP within 60 days following a sudden release of fuel oil in the basement of a foreclosed residence. According to the terms of the agreement, Chase was to hire an LSP within 5 days of the effective date and conduct an IRA assessment, and submit the required IRA plan and RNF within 30 days of the effective date. Chase hired an LSP and submitted the RNF and IRA, but failed to perform the actions in the proposed IRA plan. Under the terms of today's Order, Chase has agreed to pay a stipulated Penalty of $60,000 for failing to comply with the previous Order from 2009, and agreed to conduct the actions proposed within the IRA plan. Chase has now conducted the required actions at the site and filed a final response action outcome statement for the site as of 6/4/10.

11/17/10: MassDEP entered into a Consent Order with a $45,412.50 Penalty regarding Costello Dismantling Company, Inc., and J.H. Lynch & Sons, Inc. for Asbestos violations in Worcester. MassDEP found that both the Costello Dismantling Company, Inc. of Middleborough, Massachusetts, and J.H. Lynch & Sons, Inc. of Cumberland, Rhode Island, had violated MassDEP's Asbestos regulations as noted during a November 2008 inspection of a construction project being conducted in Worcester. During the inspection, MassDEP observed multiple portions of concrete duct banks containing asbestos conduit which had been excavated, broken, and piled, uncontained, at the work site. Under the terms of today's Order both companies committed to complying with all applicable regulations in the future, as well as to paying the $45,412.50 Penalty.

11/17/10: MassDEP entered into a Consent Order with a $5,000 Penalty involving Dimopoulos Realty Trust for Waste Site Cleanup violations at 170 Main Street in Maynard. The Dimopoulos Realty Trust of Burlington, Massachusetts, was found to have violated the regulation at Jimmy's Garage located at 170 Main Street in Maynard. Violations included failing to conduct an Immediate Response Action (IRA) and submit the IRA status reports. Further, the Trust failed to meet additional response action deadlines. Today's Order, in addition to the Penalty, requires the submittal of either phase two through phase four reports pertaining to the cleanup, or the submittal of a final response action outcome by no later than 2/6/11.

11/17/10: MassDEP entered into a Consent Order with a $4,000 Penalty involving the Southbridge Savings Bank for Waste Site Cleanup violations at 288 Stafford Street in Charlton. The Southbridge Savings Bank violated state cleanup regulations at the aforementioned property by failing to provide notification to MassDEP within 72 hours of its knowledge of the existence of on-site contamination concentrations greater than state standards located within 500 feet of private water supply. The release occurred from a leaking above-ground storage tank at a residence owned by the Southbridge Savings Bank. Under the terms of today's Order, the Bank has agreed to the $4,000 Penalty.

11/17/10: MassDEP entered into a Consent Order with a $26,275 Penalty regarding the Tri-State Group, Inc. for numerous environmental violations in Oxford. The Tri-State Group, Inc. had discharged industrial wastewater to the ground, and eventually to the nearby wetlands on the property, a Wetlands and Industrial Wastewater violation. In addition, Solid Waste was disposed of improperly on the property, and the company failed to comply with numerous Hazardous Waste Management requirements. Today's Order requires the company to pay $2,000 of the Penalty with the remaining $24,275 suspended as the company went out of business. This action will help to ensure companies who comply are not undercut by those companies that violate the law and ensure compliance with environmental regulations that protect the Commonwealth's water, air and soil from contamination.

11/15/10: MassDEP entered into a Consent Order with a $12,000 Penalty regarding the Providence and Worcester Railroad Company for Waste Site Cleanup violations in Worcester. The violations occurred following a release of 1,600 gallons of diesel fuel that occurred from a 2,000 gallon diesel fuel tank on a locomotive. On 11/29/09, a locomotive traveling northbound struck a derail device that had been placed on the tracks by unidentified vandals near the 'Shoppes at Blackstone Valley' in Millbury. The train continued approximately four (4) miles to the P&W Railroad Engine House located at 382 Southbridge Street in Worcester. At that point, approximately 300 gallons of the 1,600 gallons on board were recovered in a containment area. The difference, approximately 1,300 gallons of diesel fuel, was released along and onto the track, the ballast, the railroad ties, and underlying soil areas. P&W notified MassDEP of this release on 11/30/09 8:21 a.m. P&W subsequently retained the services of a Licensed Site Professional to properly assess the impacts from the release, and completed the required cleanup response actions. Under the terms of today's Order, P&W has agreed it will review and revise its current spill management plan, and pay $10,000 civil administrative penalty. MassDEP has agreed to suspend the remaining $2,000 provided the company remains in compliance for two years.

11/15/10: MassDEP entered into a Consent Order with a $3,000 Penalty regarding Jeffrey Bober for Air Quality and Solid Waste violations at a College Highway location in Southwick. On 3/1/10, MassDEP noticed open burning being conducted in the rear of this site. Southwick Fire Department and MassDEP personnel confirmed that Bober had a permit from the fire department to burn brush on 2/28/10, but the open burning continued on 3/1/10 and 3/2/10, and included stumps, pallets, furniture, plastics and fiberglass, items not allowed under his local burn permit. As part of today's Order, Bober has agreed to pay $1,500 with the remaining $1,500 suspended pending Bober's compliance with the agreement.

11/15/10: MassDEP entered into a Consent Order with a $3,000 Penalty involving the Edgewood Golf Course of Southwick, Inc., for Hazardous Waste, Industrial Wastewater and Air Quality violations in Southwick. MassDEP inspections conducted on 9/27/09 and 10/7/09 revealed an unpermitted industrial wastewater discharge from steam cleaning vehicle engines and parts, an unregistered gasoline tank, and hazardous waste registration, housekeeping and labeling violations. Edgewood, 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, Edgewood agreed to pay $2,000 of the Penalty. An additional $1,000 is suspended pending the company's compliance with the agreement. Edgewood has also agreed to pay a $400 fee it would have owed if it had properly registered under the stage two gasoline-dispenser vapor recovery (Air Quality) program.

11/12/10: MassDEP entered into Consent Order with a $56,950 Penalty regarding Wetlands violations and involving Richard D. Lindsay, Jr. and Diane M. Tower as trustees of the Declaration of Nominee Trust at 237 Lowell Street in Andover. During a review of aerial photography for the site, MassDEP staff identified what appeared to be a large area of wetland alteration. An inspection of the site confirmed that approximately 10,300 square feet of bordering vegetated wetland (BVW) and 600 linear feet of bank had been altered as the result of clearing, filling and culverting of two intermittent streams. Similar work had been performed in the buffer zone to the BVW. The work was performed without filing for or receiving the required authorization or approvals. Today's Order requires the full restoration of BVW and bank with long-term monitoring. The trustees have agreed to pay $10,000 of the Penalty and MassDEP has agreed to suspend the remaining $46,950 pending compliance by 10/31/16.

11/12/10: MassDEP executed a Consent Order with Seven Forty Nine LLC, for Waste Site Cleanup violations at 749 Worcester Road in Framingham. The company has agreed to file the appropriate cleanup documentation including a timeline for submittal of a phase two (comprehensive site assessment) phase three (remedial action plan) a phase four (remedy implementation plan) and a final response action outcome statement that will fully return this site to compliance with state cleanup regulations. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil which is associated with a release of oil and/or hazardous materials, gasoline, diesel fuel oil, waste oil and lead from past activities of a former gasoline/services station.

11/12/10: MassDEP entered into a Consent Order with a $17,137.50 Penalty regarding Cornelius C. McCarthy for Asbestos violations in Clinton. McCarthy, a Gardner-based contractor, committed the violations during an asbestos siding removal project he conducted in Clinton during November 2008. Under the terms of today's Order, McCarthy is required to comply with all applicable regulations in the future. Based upon a successful demonstration of the existence of financial hardship conditions, the assessed Penalty was fully suspended provided that there are no further violations for a period of one year.

11/10/10: Hollingsworth & Vose Company, West Groton (CERO): MassDEP entered into a Consent Order with a $2,000 Penalty involving the Hollingsworth & Vose Company regarding the company's failure to operate its wastewater treatment system and equipment properly at all times, as well as its failure to comply with the terms and conditions of its discharge permit. These failures resulted in high turbidity and sewage-like odors, objectionable colors, and an oily sheen in the receiving waters of the Squannacook River. Under the terms of today's Order, which is in settlement of an appeal to an original unilateral Order issued by MassDEP, the Company has agreed it will document the events that caused the observed conditions, remain in compliance in the future, and pay the $2,100 Penalty. In addition, the company will be involved in a Supplemental Environmental Project, which is valued at no less than $6,300.

11/9/10: MassDEP issued a Unilateral Order to Ames Hill Development, LLC ("Ames Hill") for Wetlands violations on its property near Catamount Road in Tewksbury. Ames Hill is the developer for the Catamount Road extension portion (a/k/a phase one) of the Ames Run Cluster Subdivision. While conducting an inspection on property nearby, MassDEP staff observed heavy turbidity within a series of intermittent streams, and eventually entering Ames Pond due to silt and sediment discharging from a large detention basin serving the subdivision. Also, MassDEP observed areas of significant silt and sediment had been deposited within the streams (on Bank) and within associated Bordering Vegetated Wetlands. Today's Order requires Ames Hill to immediately cease-and-desist any and all discharge of silt or sediment from the site to any areas subject to the jurisdiction of the Wetlands Protection Act. Secondly, to immediately implement any and all measures necessary to stabilize the entire site to prevent erosion and the discharge of silt or sediment and to prevent further sedimentation downstream. Finally, by 11/30/10 conduct and a comprehensive analysis, and submit a written plan that addresses all the Operation and Maintenance Plan deficiencies and/or stormwater infrastructure failure(s) that have been identified as the cause(s) or possible cause(s) of the observed siltation and sediment. MassDEP must also authorize any further corrective actions and implementation of the approved plan prior to implementation.

11/9/10: MassDEP entered into a Consent Order with a $16,050 Penalty involving Patrick McKenna individually and as trustee of Olive Street Nominee Trust for Asbestos violations at 205 Everett Street in Boston. MassDEP inspected the sit in response to a complaint from the city concerning possible demolition of a building without having removed asbestos containing materials. During the inspection MassDEP observed asbestos containing materials mixed with demolition debris on the ground and around the foundation at the site. McKenna will pay $4,000 and $12,050 will be suspended pending compliance over a period of one year. MassDEP's small business policy was utilized in reaching this settlement.

11/9/10: MassDEP executed a Consent Order with a $1,000 Penalty involving Anthony J. Crea for Waste Site Cleanup violation as 483 West Housatonic Street in Pittsfield. Crea as owner/operator of the property specifically, failed to meet deadlines set out in a previous Consent Order with MassDEP from 11/7/08. After failing to meet the deadline, MassDEP issued on 2/25/10 a Demand for Stipulated Penalty. Crea appealed that Demand, and submitted documentation to bring the site back into compliance (tier classification). Today's Order requires Crea to pay the $1,000 Penalty and submit a final response action outcome statement to MassDEP on or before 9/30/11. In addition there is a stipulated penalty for any missed deadlines.

11/8/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving the city of Salem for Waste Site Cleanup violations at Winter Island Road in Salem. As owner and operator of the property the city failed to inform MassDEP of the termination of Remedy Operation Status at the site. Under today's Order, the city is required to file a tier two extension (permit) by 12/1/10 and a final response action outcome by 9/29/12. In addition to the Penalty, today's Order contains a stipulated penalty provision for any missed deadlines.

11/8/10: MassDEP entered into a Consent Order with Tudryn (Farm) for Wetlands violations in Hadley. As owners of property located at 410 River Drive in Hadley, Tudryn had undertaken the disposition of tires within a bordering vegetated wetland and riverfront area adjacent to the Connecticut River. An inspection of the site revealed tires deposited in a 4,000 square feet of combined BVW and Riverfront Area. The tires appeared to have been placed in the area decades ago. The Consent Agreement requires that Tudryn remove by hand all the tires that are fully above the surface of the ground so as not to further de-stabilize the sloping bank of the river. The tires must be disposed of in accordance with solid waste regulations for proper disposal of solid waste.

11/8/10: MassDEP issued a Unilateral Order to the US Army Corps of Engineers-New England for Water Supply violations at its public water system in the Knightville Dam Recreation Area of Huntington. The Picnic Area distribution system and source were contaminated with coliform bacteria and e. coli bacteria. Today's Order requires specific actions to correct significant deficiencies and/or provide appropriate treatment, as well as public notification, prior to the opening of the 2011 season.

11/8/10: MassDEP was notified that Peter Gallant pleaded guilty in Berkshire Superior Court to two counts of violation of the notification requirement of a release or threat of release of oil or other hazardous material; and, to two counts of illegal disposal of hazardous waste and two counts of discharge of waste without a permit. Judge Agostini continued the charges without a finding for one year on the condition that Gallant pays a $5,000 fine. The charges stem from a MassDEP Environmental Strike Force investigation into the spill of approximately 20 to 40 gallons of diesel fuel at the Hinsdale DPW yard on 4/22/09. Gallant, at that time, was the Director of Public Works for the town. The case was handled by the Berkshire District Attorney's office on behalf of MassDEP.

11/5/10: MassDEP entered into a Consent Order with Kede Realty Trust for Water Supply violations in Stow. Kede Realty Trust (which is based in Maynard) has agreed to the establishment of an enforceable compliance schedule for development of an approved transient, non-community public water system at its property located at 156 Great Road in Stow. The property contains a bank, dentist office and pizza shop, all of which are served by an on-site well. Their combined use triggers the requirements for a public water supply. Today's Order also requires the owners to operate the on-site well in accordance with the requirements for a public water system, including hiring a certified operator, carrying out a monitoring program, metering the water usage, completing all cross-connection requirements and recording the Public Water Supply in the Registry of Deeds. Through today's Order, the owners have agreed to bring the system into compliance with applicable regulations, and not expand the public water system without prior MassDEP approval. This action will ensure that anyone served will continue to receive water that is safe and fit to drink.

11/5/10 MassDEP entered into Consent Orders with the city of Woburn for Wetlands violations at four public works projects in Woburn. The city was penalized a total of $36,250. As a result, the city has agreed to assess the damages, submit restoration plans, implement those plans and monitor the long-term viability of all restored areas. Specifically, the violations found, and restoration work required, include: At Washington Circle, MassDEP inspected a portion of the roadway and associated right-of-way adjacent to the Aberjona River where the city had performed work including installation of a sidewalk. This resulted in the removal of vegetation, filling and deposition of landscape debris and the alteration of 2,500 square feet of riverfront area and the bank of a perennial stream. The city will restore the area and conduct long-term monitoring for two years. At Harrison Avenue, MassDEP inspected property owned by the city behind the police department and adjacent to a public park. The inspection revealed that fill material, leaves and landscaping debris had been deposited in the buffer zone and altered approximately 2,500 s.f. of bordering vegetated wetland. The city will remove the material, restore the area and monitor the long-term viability of the area for two years. At 50 Warren Street, MassDEP inspected the former city-owned DPW yard and after reviewing historical aerial photos and information from the Woburn Conservation Commission found that a 72-foot by 122-foot salt storage shed and other impervious surfaces had been constructed in the buffer zone to bordering vegetated wetland with stormwater runoff discharging to wetlands without any stormwater controls. The inspection also revealed debris in the wetland and on the bank of an intermittent stream. The city will delineate all resources areas and evaluate impacts, restore all impacted resource areas, develop and implement a plan for site stabilization and stormwater control enhancements to protect resource areas, and, conduct site monitoring for three years. Between 94 and 100 Lexington Street, MassDEP found violations on the property of the city's open space and community garden area where a previously existing dirt road/grass parking area and turn-around area had been widened and paved with recycled asphalt material. Additionally, approximately eight culverts had been installed under the newly filled roadway. MassDEP found no adequate stormwater management controls were included. The work resulted in the alteration of 1,300 s.f. of bordering vegetated wetland and alteration of bordering land subject to flooding immediately adjacent to a pond. The city will delineate all resources areas and evaluate impacts, remove the culverts, restore all altered wetlands and re-grade the road and other areas within to pre-construction elevations, and, conduct monitoring for three years. MassDEP has agreed to suspend $28,250 of the penalty provided all the work outlined in the consent order is completed.

11/4/10: MassDEP entered into a Consent Order with a $17,050 Penalty involving the Professional Flooring Corporation, for Asbestos violations at 30 Curtiss Road in Milton. MassDEP personnel inspected 30 Curtiss Road in Milton, in response to a request to waive the asbestos regulations 10-day notification requirements. During the inspection MassDEP personnel determined that asbestos containing material had been improperly removed and placed outside in a roll-off container by the company. Professional will pay $4,000 of the Penalty with the remaining $13,050 suspended for a period of one year. In addition, Professional will have five of its employees complete an approved training course for "Asbestos - Associated Project Workers" within 90 days. MassDEP utilized the small business policy in reaching this agreement.

11/3/10: MassDEP entered into a Consent Order with DeMoulas Supermarkets for Waste Site Cleanup violations at its Kings Crossing Plaza facility in Ashland. DeMoulas Supermarkets is the owner and/or operator of the property where it failed to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 9/30/10. Today's Order requires a phase two assessment report by 1/30/11; a phase three remedial alternatives report by 3/30/11; and a phase four remedial implementation report by 5/31/11; and, a final response action outcome statement due by 1/15/12. Today's Order also contains a stipulated penalty provision for any missed deadlines.

11/3/10: MassDEP issued a Unilateral Order to Joan Wanczyk - d/b/a River Drive Excavating - for Wetlands violation in Hadley. MassDEP found an active filling of floodplain (bordering land subject to flooding) at River Drive's property adjacent to the Connecticut River. MassDEP inspected this location in response to a request for assistance from the conservation commission in the town of Hadley and observed that a substantial area of fill (approximately 1080 cubic yards) had been placed in BLSF. Disposition of this fill without first filing a Notice of Intent and/or obtaining approval for such actions is a violation of Massachusetts General Laws, and the state's wetland regulations. Today's Order requires that River Drive cease and desist immediately from further work within the BLSF and submit a written report describing the extent of fill within the BLSF.

11/2/10: MassDEP entered into a Consent Order with E. Sweet & Sons for Waste Site Cleanup violations at its property in Attleboro. The company had been issued a Notice of Noncompliance for failure to comply with the deadlines surrounding the cleanup. MassDEP did not meet final response action outcome performance standards. In addition, site information required for risk characterization was incomplete. In MassDEP's notice of audit findings, a sixty-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 with the requirements. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations.

11/1/10: MassDEP entered into a Consent Order with Newton Realty, LLC, for Waste Site Cleanup violations at 761-771 Beacon Street in Newton. As owner of the property, Newton Realty LLC, specifically, violations were for failure to submit an initial site assessment (phase one) report and either a tier classification submittal or a final response action outcome statement within the one-year deadline. MassDEP issued a Notice of Noncompliance on 8/6/10, and Newton Realty LLC contacted MassDEP with a schedule to return the site to compliance. Today's Order contains deadlines for completing the cleanup and a stipulated penalty provision for any missed deadlines.

11/1/10: MassDEP issued a Unilateral Order to Columbia Construction Company for Wetlands violations at 310 Lowell Street in Andover. MassDEP issued a cease and desist Order to the company during construction work at the location, which includes an existing Internal Revenue Service building. Columbia had been performing construction on the building and parking lot. As the result of a complaint received by MassDEP, the site was inspected and found that an intermittent stream is piped and flows under the site through a 24-inch culvert. It was observed that that the water discharging from the culvert was significantly turbid and flowing downstream to wetlands and eventually into Fish Brook (designated a class "A" stream and resource water). Silt deposited from the turbid stream resulted in alteration to more than 5,000 square feet of stream and bordering vegetated wetland. It was determined that the sediment causing the turbidity originated and was entering the culvert from someplace beneath the construction site. Today's Order requires that Columbia immediately cease and desist any and all activity that may be causing water quality degradation to Fish Brook and sedimentation to any wetland resource areas on and/or off the site. Second, Columbia must install and monitor a silt barrier immediately downgradient of the 24-inch pipe, across the drainage channel, to prevent further sedimentation downstream and perform an analysis of the 24-inch drainage pipe, which shall include but is not limited to a visual survey, to determine the integrity of the pipe. Finally, by no later than 11/30/10, Columbia must submit a written plan to address any pipe deficiencies or failure(s) that have been identified as the cause(s) or possible cause(s) of the siltation. MassDEP must review and authorize any further corrective actions prior to implementation. Additional enforcement action is possible.

11/1/10: MassDEP Environmental Strike Force (ESF) was notified by the Massachusetts Office of Attorney General of the following resolution involving the company, Jayco. Initially, the Cambridge police began the investigation into a case involving payment by several municipalities to defendants for services that were never provided. Cambridge officials called MassDEP's ESF with suspicions that Jayco was not dumping municipal street sweepings at an authorized landfill, as it had contracted to do, but rather was bringing the sweepings to its own facility in Waltham and also commingling it with other waste. ESF investigation found that in fact, the solid waste was not going where defendants claimed. ESF also learned that other municipalities were being victimized. As a result of this ESF investigation, indictments were handed down and defendants subsequently pled 'guilty' to solid waste and "false claims" charges stemming from the fabrication of documents and invoices that were sent to the cities of Cambridge, Lawrence and Chelsea for waste disposal services and for dumping solid waste at unpermitted waste facilities. The company, Jayco, was ordered to pay $100,000 in fines, put on probation for three years, and is barred for bidding on public contracts.

11/1/10: MassDEP was notified by the Massachusetts Office of Attorney General that the defendant Conrad Roy was held in contempt for failure to pay $25,000 Penalty and to remediate (clean up) his contaminated property pursuant to the requirements of Massachusetts General Law Chapter 21E. Court ordered him to pay an additional $1,000 a day for each day that he fails to comply, and pay a $50,000 civil penalty for 21E violation, and hire a Licensed Site Professional to initiate the appropriate cleanup response actions.

11/1/10: MassDEP was notified by the Massachusetts Office of Attorney General that the Bay State Construction Inc. had paid a civil penalty of $12,500 for violations of the Solid Waste Act as the result of the illegal disposal of catch basin cleanings at private property in Sutton, Massachusetts. In addition, the defendant agreed to remove all solid waste from the Sutton site, including historic solid waste. An additional $12,500 of the Penalty will be suspended upon full compliance with clean up order. The defendant will also pay a $10,000 Penalty for violations of the False Claims Act for invoicing the Commonwealth and receiving payment for the illegal disposal of the catch basin cleanings despite the explicit language in the contract that required proper disposal.

11/1/10: MassDEP was notified by the Massachusetts Office of Attorney General that following a multi-agency investigation and enforcement case, settlement agreements and penalties had been issued by both the Commonwealth and the federal EPA in a case involving illegal dredging permit violations, and threatened clam beds. The case started with a call to the Environmental Strike Force (ESF) hotline regarding allegations of illegal dredging activities. Investigation revealed that, while completing a large maintenance dredging project for the town of Danvers, Cashman Dredging and Marina violated a host of federal and state laws (Chapter 91, Wetland Protection Act, and Water Quality Certification regulations) by dredging and disposing of dredged materials in unauthorized areas, including sensitive coastal and marine habitat. Defendant settled with the Commonwealth for $25,000 with an agreement to pay for and install new moorings that will further protect marine habitat.

11/1/10: MassDEP entered into a Consent Order with an $18,000 Penalty involving Wael Kefel, a licensed auto emission inspector, for conducting fraudulent vehicle emission inspections in 2009. Kefel admitted to conducting the fraudulent inspections. Based upon an inability to pay, Kefel has agreed to pay $1,500 and the remaining $16,500 will be suspending pending compliance with the ACOP. Additionally, Kefel signed a License Surrender Agreement with the Registry of Motor Vehicles (RMV) in which he agreed to surrender his Motor Vehicle Safety and Emissions Inspector License thereby prohibiting him from conducting any safety and emissions inspections in the future.

October 2010

10/29/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving John Polny, the owner of Factory Auto Recycling, for Solid Waste violations in Millville. MassDEP determined that Polny received construction and demolition materials at his 166 Lincoln Street, Millville facility in 2008. Polny has agreed this facility will either apply for a Beneficial Use Determination (BUD) to crush the material and recycle steel mixed with it, or properly dispose of the solid waste at a permitted facility. Today's Order provides a schedule for the submission of the BUD application or disposal, and requires Polny to submit an affidavit explaining the source of the material, the identity of the generator, and the hauling company. Today's action will result in the proper treatment or disposal of the construction and demolition materials.

10/29/10: MassDEP has entered into a Consent Order with an $18,000 Penalty involving Flaw, Incorporated (d/b/a Recycle Oil Company, of Pennsylvania) for Hazardous Waste Management violations at three facilities in Massachusetts. As a result of an investigation in late 2009 and early 2010, MassDEP determined that the company had, on multiple occasions, transported Specification Used Oil Fuel (SUOF) to three facilities without having obtained a transporter's license from MassDEP. In addition to the Penalty, the applicant has agreed to submit an application for a Hazardous Waste transporter license and has done so.

10/29/10: MassDEP entered into a Consent Order with a $6,150 Penalty involving Champion City Recovery for Solid Waste violations in Brockton. Champion City Recovery was found to have accepted waste at its Brockton facility at a rate in excess of its permitted daily tonnage. Under today's Order, in addition to the Penalty, Champion City Recovery has agreed to submit a written response describing the actions they intend to implement to ensure the approved waste intake limits are not exceeded.

10/29/10: MassDEP entered into a $65,546 Penalty involving Browning Ferris Industries/Fall River Landfill for Air Quality violations at its facility in Fall River. MassDEP determined that BFI exceeded emissions of sulfur dioxide (SO2) and hydrogen sulfide (H2S) from the burning of landfill gas at this facility in violation of regulations. In addition to the Penalty, the facility has agreed to install a landfill gas pre-treatment (sulfur scrubbing) system, to address the violations.

10/26/10: MassDEP entered into an Amended Consent Order with Bachelor Knolls, Inc. for Water Supply violations in Granby. MassDEP concluded the Amendment regarding the deadline for compliance with storage and/or a second source of water. Bachelor Knolls is a very-small community system serving a neighborhood in the town of Granby.

10/26/10: MassDEP entered into a Consent Order with a $3,795 Penalty involving Allied Waste Services of Fall River for Solid Waste violations in Fall River. Allied Waste Services was observed delivering a load of waste materials to the Fall River landfill for disposal which contained an unacceptable amount of recyclable cardboard and plastic. Under Massachusetts Solid Waste regulations, these recyclable materials are banned from disposal in landfills. In addition to the Penalty, today's Order requires Allied Waste Services to recycle these materials.

10/26/10: MassDEP entered into a Consent Order with a $2,635 Penalty involving EMD Serono Research Institute, Inc. for Hazardous Waste Management violations in Rockland. EMD Serono submitted a self-disclosure letter to MassDEP after the company conducted an audit at its facility. The letter disclosed that EMD Serono generated more hazardous waste in 2008 than allowed by their registered status and had accumulated waste in a satellite container larger than allowed by state regulations. In addition to coming into compliance, today's Order requires EMD Serono to pay $2,635 (representing avoided annual compliance fees) that would have been applicable to this facility as a large quantity generator of Hazardous Waste.

10/22/10: MassDEP entered into a Consent Order with an $850 Penalty involving Rehabilitation Hospital of the Cape and Islands Corp. for Water Pollution Control (septic system) violations in Sandwich. MassDEP determined that the violations occurred at 311 Service Road, Sandwich due to the failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. This same facility had previously, in 2005, received a notice of noncompliance citing the failure to inspect.

10/21/10: MassDEP entered into a Consent Order with a $7,000 Penalty involving MEZ Realty Inc. for Water Supply violations at Lakeside Estates, a 90-unit manufactured housing park at 300 Nathan Ellis Highway in Mashpee. MEZ Realty has had repeated violations of the Drinking Water Regulations relative to its failure to maintain minimum residual water pressure. MEZ Realty operates as a public water supplier. Today's Order requires the respondent to complete the installation of the 125 feet of water distribution pipe by 12/1/10. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance.

10/20/10: MassDEP entered into a Consent Order with Nieberle's Service Station for Waste Site Cleanup violations at 8 Main Street in Essex. Ernest Nieberle, owner of Nieberle's Service Station, failed to meet deadlines for the cleanup of this site. Under today's Order, Neiberle has agreed to a timeline for submitting a phase two (comprehensive site assessment) report, a phase three (remedial action) plan and a phase four (remedy implementation) plan. Today's action will ensure the cleanup of this site, which has been listed in the waste site cleanup system since 2005.

10/19/10: MassDEP entered into a Consent Order with the city of Westfield, Westfield Board of Water Commissioners regarding repeated total coliform detections. The public water supplier has agreed to take the appropriate actions needed to address and correct those detections.

10/19/10: MassDEP entered into a Consent Order with a $28,000 Penalty involving Saint-Gobain Ceramics & Plastics, Inc. for Air Quality violations in Worcester. The company is a multi-national organization that manufactures specialty ceramic products at its New Bond Street facility in Worcester. The results of compliance emissions testing revealed that the facility emitted methanol in excess of approved quantities, and it was also determined that the capture efficiency of the air pollution control equipment was inadequate. Additionally, the catalytic oxidizers at the facility were not operating at the temperatures required in the facility's existing Air Quality (permit) approvals. The facility has agreed to pay $7,000 of the Penalty, and also to fund a Supplemental Environmental Project. Under this SEP, Saint-Gobain will pay for the design, purchase, and installation of a three kilowatt solar panel system worth $21,000 at the Massachusetts Audubon's Broad Meadow Brook sanctuary in Worcester.

10/18/10: MassDEP entered into Consent Order with a $40,000 Penalty involving First Student Inc. for Bus-Idling violations in Massachusetts. First Student is one of the largest school bus operators in the state. The Massachusetts Registry of Motor Vehicles (RMV) reports that approximately 9,000 school buses are registered in state and that First Student owns or operates 2,194 of the state's school buses and supervises the drivers. MassDEP conducted targeted unannounced inspections at public schools across the state in the fall of 2008 and spring of 2009, and found numerous incidents of excessive idling in Springfield, Brockton, South Boston, Dorchester, Roxbury and Roslindale. In addition to paying the Penalty, the company also agreed to train all employees who operate, maintain and supervise operation of buses about state idling restrictions; post "no idling" signs at all First Student locations; install geographic positioning system-equipped Focus Units on at least 75 buses to monitor their idling and transmit reports to MassDEP; direct First Student managers to conduct ongoing walk-through of company parking lots to monitor bus operations. In addition First Student has agreed to pay a stipulated penalty of $2,000 if any future violations occur.

10/15/10: MassDEP entered into a Consent Order with Springfield Water and Sewer Commission relative to Water Supply compliance in Springfield. MassDEP concluded today's Order to ensure a schedule for the repair or replacement of a damaged portion of one of its water transmission mains crossing the Connecticut River.

10/15/10: MassDEP entered into a Consent Order with a $6,325 Penalty involving FSP Health Corporation for Surface Water Discharge violations in Hopedale. MassDEP found the violations occurred at the Continuing Care Center at 325 Main Street in Hopedale. MassDEP inspected the facility in response to a complaint, and determined that the subsurface disposal system serving this facility was in failure. Inspectors observed sewage breaking out on to the ground surface and flowing into the Mill River. Under the terms of today's Order, the facility owner agreed to construct a replacement on-site disposal system in compliance with state regulations, and to abandon the existing system. Until this is accomplished, the owner has agreed to seal the existing septic tank outlet and operate it as a holding tank. Today's action will provide for the proper treatment of approximately 9,900 gallons per day of wastewater.

10/15/10: MassDEP entered into a Consent Order with a $16,171.88 Penalty involving United Water Environmental Services, Inc. for Air Quality violations at Devens/Ayer. Specifically, MassDEP found a failure to notify by United Water following a release of chlorine gas to the environment from a compressed gas cylinder. The Shabokin Well house water treatment facility is located at 100 Patton Road in Devens. The public water system (PWS) treatment plant utilizes a 150-pound compressed chlorine gas cylinder to chlorinate water prior to discharge to the distribution system. The release occurred from a leak at the cylinder/regulator line connection to the feeding system. Approximately 56 pounds of chlorine gas were released to the atmosphere when a chlorine gas cloud made its way outside the building. The Devens Fire Department responded to stop the release, which directed down-wind (2,190 feet away). The Federal Bureau of Prisons was advised to take all occupants inside for shelter in place as a precaution. The release occurred at 7:00 p.m. on 7/1/09, and MassDEP was not notified of the release until 11:30 p.m. on 7/1/09. United Water hired a licensed site professional to assess for environmental impacts associated with this release, and has subsequently submitted a final response action outcome report to MassDEP (no further action). United Water replaced the chlorine gas treatment technology to a less hazardous liquid hypochlorite solution, and initiated a nationwide employee training program on release notification procedures. United Water discussed this incident in the training, issued a corporate 24/7 hotline card to each employee, and provided instruction on incident reporting protocol to assure that timely notifications are made to state and federal authorities. MassDEP considered this proactive approach to prevent future release notification violations, and reduced the assessed penalty from an original exposure of $16,171.88, to $9,487.50.

10/15/10: MassDEP entered into a Consent Order with Arthur Petren as Trustee of Petren Brothers Realty Trust for Waste Site Cleanup violations at 115 Congress Street in Lowell. Today's Order includes a timeline for submittal of a (final) response action outcome statement to return the site to compliance. This site has been in the system since 2003. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil that emanated from two underground storage tanks.

10/14/10: MassDEP issued a Unilateral (cease-and-desist) Order to the Mass Department of Transportation-Highway Division for Wetlands violations at Route 2A adjacent to 91 Maple Street in Lexington. MassDEP determined the following: on 9/22/10 the DOT investigated a catch basin located in the public roadway (Route 2A) adjacent to 91 Maple Street and on a private single-family home property located at 91 Maple Street. The investigation was initiated due to a long-standing drainage problem at the catch basin. This lead to the discovery of a blockage in a drainage pipe located on the site, however, this entire site is located within the riverfront area to Fessendon Brook and portions of the site contain bordering vegetated wetlands. Between 9/29 and 10/6,  MassDOT then proceeded to excavate, remove and replace a portion of the drainage pipe on the site, and, further excavate and install a new section of pipe, through these wetlands resource areas. Additionally, MassDOT constructed a stone settling basin (approximately ten-by-twenty feet long) at the outlet of the pipe in the resource area immediately adjacent to Fessendon Brook. Prior to any of this work being performed, the Lexington Conservation Commission agent informed MassDOT that it was necessary to either make a request for an emergency certificate, or, file a notice of intent before any of this work could take place. MassDOT, however, failed to request an emergency certificate or make any filing for this work. On 10/8/10, MassDEP inspected this site at the request of the LCC in the presence of MassDOT and observed this unauthorized work, which included but was not limited to excavation, removal of vegetation and filling, and resulted in alteration of approximately 1,100 square feet of BVW and approximately 5,900 square feet of RA. Today's Order now requires that MassDOT immediately cease any and all activity on the site within jurisdiction of these resource areas unless otherwise directed by MassDEP. Also, by 10/31/10 MassDOT shall submit a plan and schedule for MassDEP approval to implement measures, including but not limited to re-vegetating the site for that which is necessary to stabilize the site to prevent erosion and any additional discharge of silt or sediment into the resource areas. Additional enforcement action is also anticipated.

10/13/10: MassDEP entered into a Consent Order with a $7,000 Penalty involving Steven MacCormack (d/b/a A Better Storage) for Air Quality and Solid Waste violations on Liberty Street in Springfield. The violations became evident upon inspection of the facility which was prompted by complaints of black smoke emanating from the facility. During the investigation, MassDEP found that a 275-gallon tank had been converted into an incinerator to burn solid waste. This was being operated and was the source of the smoke emissions from the facility. In addition, a MassDEP construction and demolition notification was not filed for renovations occurring at the facility, and construction debris (asphalt and concrete) was being accumulated at the facility in noncompliance with the state's solid waste regulations. MacCormack has since removed the incinerator from his facility, has agreed to pay $3,000 of the Penalty and correct the violations. MassDEP has agreed to suspend $4,000 of the Penalty will be suspended contingent upon compliance with the terms of the agreement.

10/13/10: MassDEP entered into a Consent Order with an $8,000 Penalty involving Springfield Country Club for Air Quality, Groundwater Discharge and Hazardous Waste violations in West Springfield. The violations were discovered during MassDEP's inspection of the country club facility. The inspections revealed that SCC was not meeting numerous MassDEP hazardous waste management requirements. Also, SCC was dispensing gasoline to motor vehicles using a dispensing system that was not equipped with stage-one or stage-two vapor recovery system; failed to notify MassDEP of waste-oil generation on site; transferred custody of waste oil to an unauthorized transporter; and, was discharging industrial wastewater (vehicle and equipment wash water) to the ground. The hazardous waste management violations entailed missing labels, not posting a waste oil sign, not clearly marking the boundary of the waste oil accumulation area, not keeping containers of waste oil closed, and not providing secondary containment and an impervious surface for the outside storage of waste oil. SCC has been working with the MassDEP to address the violations, and has agreed to pay $3,000 of the Penalty with an additional $5,000 suspended pending SCC's compliance with today's Order.

10/13/10: MassDEP entered into a Consent Order with a $10,440 Penalty involving Verizon New England Inc. for Asbestos violations in Westfield. Based on a complaint, MassDEP inspected the site and determined that asbestos transite pipe owned by Verizon was being mis-handled. MassDEP conducted an inspection at the site of the Westfield Great River Bridge Project. MassDEP found Verizon's contractor was using a hydraulic excavation hammer to pound on a steel plate placed on a duct bank to break the concrete and free the transite conduits within the duct bank. During this process, significant breakage and crushing of the transite (asbestos) conduits occurred. However Verizon's contractor continued this activity. Verizon then fully cooperated with the MassDEP and promptly engaged a licensed asbestos contractor to remove the asbestos that had already been damaged and/or excavated at the site. Moving forward, Verizon has agreed it will ensure that environmental processes will be implemented to prevent similar violations of the asbestos regulations from recurring in the future. Verizon has also agreed to pay $8,700 of the Penalty, and MassDEP has agreed to suspend the remaining $1,740 pending compliance during a one-year probationary period.

10/13/10: MassDEP entered into a Consent Order with a $2,500 Penalty involving David Pereira (d/b/a Modern Septics of Palmer) for Water Pollution Control violations in Monson. MassDEP determined that Modern Septics' temporarily use of a storage tank for septage was in violation of state requirements although there was no discharge to the environment resulted from the use. Modern Septics will pay $500 of the Penalty with the remaining $2,000 suspended. MassDEP applied its small business policy in resolving today's Order.

10/13/10: MassDEP entered into a Consent Order with Mount Auburn Hospital for Waste Site Cleanup violations at 330 Mount Auburn Street, in Cambridge. Today's Order includes timelines for submittal of an immediate response action (status) report, a phase two (comprehensive site assessment) report and a phase four (remedy implementation) plan to return the site to compliance with state regulations. This site has been in the system since 2005. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from a leak below the boiler room of the hospital.

10/13/10: MassDEP entered into a Consent Order with a $3,000 Penalty involving Cersosimo Lumber Company, Inc. for Waste Site Cleanup violations in Hinsdale. Cerosimo Lumber Company, Inc. of Brattleboro, Vermont, failed to notify MassDEP within two hours (as required) after a 20-gallong hydraulic fluid release at a logging site in Hinsdale. The release occurred on 12/18/09 at 8:00 a.m. Cersosimo reported the release at 3:15 p.m. Cersosimo employees took immediate steps to contain the spill at the time it occurred, and Cersosimo completed all response actions required at the site. In addition to the Penalty, Cersosimo has also agreed to re-train its employees on responses to releases of oil and hazardous materials at logging sites in Massachusetts.

10/13/10: MassDEP entered into a Consent Order with a $30,000 Penalty involving Brandy Brow Auto Parts, Inc., for Waste Site Cleanup violations at Brandy Brow Road in Haverhill. Brandy Brow Auto Parts, Inc. of Plaistow, NH, is the owner and/or operator of the property. Specifically, violations were for failure meet deadlines set out in a notice of noncompliance dated 1/14/09. Today's Order requires a phase two report and a phase three report by 8/1/011, a phase four report by 8/1/12, and, a final response action outcome statement by 8/1/13. MassDEP has agreed to suspend $25,000 of the Penalty provided the deadlines are met. There are stipulated penalties for any missed deadlines.

10/12/10: MassDEP issued a boil-water order to Finecamp KOA, Inc., due to total coliform (bacteria) counts in this public water supplier in Webster. Finecamp KOA, Inc. is the owner and operator of a non-transient non-community water system located at the Webster Family Campground at 106 Douglas Road in Webster. The public water system notified MassDEP that five of six repeat bacteria samples confirmed positive for total coliform. Two of four repeat samples collected at the storage tanks were also confirmed positive for e. coli, 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 fifty customers served by this system

10/12/10: MassDEP entered into a Consent Order with a $12,937.50 Penalty involving the city of Melrose for Water Pollution Control violations. Melrose violated surface water quality regulations at Ell Pond due to the discharge of illicit sources of wastewater. MassDEP has agreed to fully suspend the Penalty, pending completion of work to address the illicit connections and the water quality issues. The required work includes connecting the known illegal or illicit connections to the municipal sewer system, and conducting inspections, testing and sealing of sewer lines, sampling and confirmation of improvement in surface water quality.

10/7/10: MassDEP entered into a Consent Order with a $25,000 Penalty involving the Stop & Shop Supermarket Company for Air Quality and Hazardous Waste violations. MassDEP determined that at several of the company's facility it had numerous stage two - or vapor-recovery - violations at gas-dispensing units. As a result of a complaint to MassDEP, an inspection of the company's Dorchester (Boston) facility was conducted during August 2009. The Dorchester facility on 9/8/09 received a thirty-day stage two violation letter for equipment and paperwork violations. As a result of prior lower-level reporting violations against several Stop & Shop locations across the state, MassDEP then moved to inspect four other locations in the region [Stoneham, Brookline, North Reading, and Medford]. As a result of those inspections, stage two violations existed at all of the locations as did hazardous waste management violations at two of the facilities. A pattern of noncompliance for stage two equipment, paperwork, and reporting violations was established along with the mismanagement of containers of hazardous waste, prompting MassDEP to take this action. Today's Order requires the Stop & Shop Supermarket Company to pay a $25,000 administrative penalty, and return to compliance with the stage two and hazardous waste regulations.

10/7/10: MassDEP entered into a Consent Order with Bezema Buick Corporation for Waste Site Cleanup violations at 401 Providence Highway in Norwood. MassDEP found a failure to comply with the deadlines established in a previously-issued notice of noncompliance. The property is occupied by an automobile sales and repair business where violations identified including failure to complete a phase two comprehensive site assessment within two years. In a previously-issued notice of audit findings/notice of noncompliance issued by MassDEP, the owners were given a sixty-day deadline for the completion of a phase two comprehensive site assessment. Prior to the expiration of this deadline, MassDEP received a request for additional time to complete the phase two. MassDEP was also notified that extensions for the deadlines for additional required reports (phases three and four and a final response action outcome) would also be necessary. Under today's Order, MassDEP has agreed to establish new deadlines for completing the work.

10/6/10: MassDEP entered into a Consent Order with the town of Rowe for the community water supply Avery Fountain. MassDEP concluded today's Order with the town of Rowe regarding an overflowing artesian well that supplies a roadside tap as well as the Rowe Community Church. Today's Order further allows the public water system to continue to operate without installing a water meter and without extending the well casing to above grade.

10/5/10: MassDEP was notified that Suffolk Superior Court approved a stipulation of liability and allowed entry of a final judgment of liability against Thomas J. Battye, Sr. (d/b/a T.J. Battye Trucking). The company at 51 Old Ferry Road in Methuen violated the Wetland Protection Act as noted in a complaint originally filed by the Commonwealth in 2003. These violations include wetland resource area filling totaling over 1.75 acres on four areas of Battye's 70-acre property in four areas: area one contains filling of bordering vegetated wetland (BVW), bordering land subject to flooding and riverfront area associated with Hawkes Brook. Areas two and three contain filling of BVW associated with two unnamed intermittent streams. Area four contains filling of BVW associated with another unnamed intermittent stream. All of the work was conducted without a valid final order of conditions. The remedy and penalty phase will be decided separately

10/5/10: MassDEP entered into a Consent Order with a $30,000 Penalty involving the estate of Joseph Cappadona for Waste Site Cleanup violations at 41 Amory Street in Roxbury (Boston). The Estate is the owner and/or operator of a junk yard at 41 Amory Street where violations involved the failure to meet deadlines set out in a notice of noncompliance dated 7/27/09. Today's Order requires a tier two (cleanup permit) extension by 10/30/10. Thereafter, additional cleanup measures including a phase four (remedy implementation) report by 6/30/11, with a final response action outcome statement by 1/30/12. The Estate has agreed to pay $4,500 of the Penalty, while MassDEP has agreed to suspend $25,500 pending compliance. There is a stipulated penalty provision for any missed deadlines.

10/5/10: MassDEP entered into a Consent Order with a $6,325 Penalty involving the city of Pittsfield for Water Pollution Control violations. MassDEP found the city discharged chemically-treated boiler water to the Housatonic River. On 6/18/10, MassDEP staff responded to a notification of the appearance of a green discharge to the Housatonic River from an outfall in the vicinity of Deming and Elm Streets in Pittsfield, and traced the discharge to Pittsfield High School. School maintenance personnel were draining three boilers to a floor drain. Sampling of the river indicated a pH greater than 10 at the discharge, a violation. A review of the school's records (material safety data sheet) provided by the school maintenance personnel for the boiler treatment product indicated that it contained a number of chemicals, including sodium hydroxide and sodium nitrite. Up to 4,700 gallons were discharged prior to MassDEP's verbal order to cease the discharge on that date. Upon being made aware that this boiler treatment chemical discharge was impacting the river, the city took immediate action to clean out the impacted floor drain and storm drainage system. Under today's Order, in addition to the Penalty, the city has agreed to eliminate the floor drain discharge.

10/4/10: MassDEP entered into a Consent Order with a $22,675 Penalty involving Berkshire East Canopy Tours LLC for Wetlands violations in Hawley. Under today's Order the company will provide for the restoration of alterations made to 64,000 square feet of riverfront area of Hawks Brook. This area was cleared in connection with the installation of a zip line without approval. MassDEP has agreed to suspend $12,675 pending full compliance with the restoration Order.

10/4/10: MassDEP issued a Unilateral (cease-and-desist) Order to Rachel A. Fredrickson and Paul Mayo for Wetlands violations at 19 Lisa Drive in Leominster relative to unauthorized alterations made to wetlands resource areas. The Leominster Conservation Commission asked MassDEP to inspect the site and observed filling of bordering vegetated wetlands and alteration of stream bank. No permits had been issued by the Conservation Commission for this work. Today's Order requires that all work within 100 feet of the wetland resource areas on the property cease, and that steps immediately be taken to prevent further damage to wetlands on site. Today's Order also requires that a wetland scientist be hired to prepare a stabilization plan and determine the extent of wetlands alteration, and preparation of a restoration plan. Compliance with this Order will result in the placement of proper erosion controls and protection of wetland resource areas.

10/4/10: MassDEP issued a Unilateral (cease-and-desist) Order to Andre and Virginia St. Laurent for Wetlands violations at 152 Main Street in Sturbridge relative to tree harvesting and land clearing activities. Following a request for assistance from the Sturbridge Conservation Commission, MassDEP inspected the area and observed that the activities were occurring within the buffer zone of a wetland resource area. No permits had been issued for this work. The con-com had previously issued an enforcement order for unauthorized work occurring in the wetlands without the owners having applied for an approval. Today's Order requires the owners to stop work, implement erosion control measures to stabilize soils at the site, and, hire a wetlands specialist to delineate the wetland boundaries on the property. Further, this work must evaluate the extent of impact, if any, to adjacent wetland resource areas, and submit a report to MassDEP. This action will stop any further wetland resource area damage, and result in the stabilization of the site. Additional enforcement including the assessment of a civil administrative penalty is anticipated.

10/4/10: MassDEP entered into a Consent Order with a $28,100 Penalty involving Gurmit Singh and Rajinder Kaur for Asbestos violations at 19 Kent Court in Somerville. MassDEP inspected the property after a solid waste facility reported rejecting a load of demolition debris from the site due to contaminated asbestos. Upon arrival at the site MassDEP personnel observed that a garage had been demolished which had been covered with asbestos cement shingles. These asbestos shingles had not been removed prior to demolition as required by the regulations. As a result of the violations observed by MassDEP, Singh and Kaur have agreed to pay $500 of the Penalty with $27,600 suspended pending one year of compliance. MassDEP's homeowner's policy was utilized in reaching this settlement.

10/1/10: MassDEP entered into a Consent Order with the town of Holliston to ensure compliance with the requirements of the Surface Water Treatment Rule (SWTR). Holliston was informed on 8/26/09 that water from well #2 of its public water system was determined to be 'groundwater under the influence of surface water,' and therefore corrective action is required within eighteen months. Today's Order establishes an enforceable schedule to upgrade or replace well #2. During the interim, today's Order provides for disinfection of the well and includes reporting requirements for the continued use of water from well #2. Today's Order also requires development of a wellhead protection plan. The town must remain in compliance with the Drinking Water Regulations, while bringing well #2 into compliance with the SWTR for it to continue to provide water that is safe and fit to drink to a population of 14,983.

10/1/10: MassDEP entered into a Consent Order with the town of Sturbridge to ensure compliance with the requirements of the Surface Water Treatment Rule (SWTR). The town was informed on 8/26/09 that well #1 of its public water system was determined to be 'groundwater under the influence of surface water,' and therefore corrective action is required within eighteen months. Today's Order establishes an enforceable schedule to develop a treatment system for well #1, while ensuring that disinfection of the well is provided in the interim. Sturbridge is also required to continue to provide public notice to residents of this, and requires them to submit progress reports to MassDEP about the development of a treatment system. Through today's Order the town will remain in compliance with the Drinking Water Regulations, while bringing well #1 into compliance with the SWTR and allow it to continue to provide water that is safe and fit to drink to a population of 4,530.

10/1/10: MassDEP entered into a Consent Order with Todd Russo for Water Supply violations in Palmer. Todd Russo is the owner of the property at 702 River Street in Palmer. Today's Order addresses the unregistered public water system source and limits the facility size accordingly and ensures future facility operations will be in accordance with drinking water requirements.

September 2010

9/30/10: MassDEP issued a Unilateral Administrative Order to Goodwin Realty LLC, for Solid Waste violations at east side of Pinevale Street in Springfield. MassDEP ordered the property owner to immediately cease and desist from moving, or disturbing, containers, scrap metal, waste piles, soil, or other potentially asbestos-containing materials and soil at this site and to immediately secure the site. In addition, today's Order requires Goodwin Realty to submit documentation regarding the status of the materials within 30 days and a plan that addresses the ultimate disposition of these materials within 60 days.

9/29/10: MassDEP entered into a Consent Order with a $17,250 Penalty regarding Northern Sealcoating & Paving, Inc for numerous environmental violations in Dennis. In response to complaints from the Dennis Fire Department and Board of Health, MassDEP conducted site inspections of the facility. Based on the information provided by the town departments and MassDEP investigation, Northern Sealcoating & Paving, Inc. was found to be in violation of the surface water discharge program for an unpermitted discharge to the surface water. Other violations involved the use of a floor drain that discharged to the ground; an unpermitted septic system; wetlands impacts; and, hazardous waste regulations for improper waste management. In addition to the Penalty, Northern Sealcoating & Paving, Inc. will implement an aggressive schedule to come into compliance with these programs and regulations.

9/29/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Family Ventures Unlimited, Inc. for Water Supply violations in Sandisfield. Family Ventures Unlimited, Inc. is the owner of the New Boston Inn located in Sandisfield. New Boston Inn is a public water system. The owners failed to obtain a permit for treatment at the public water system in the time period required by a previously issued deficiency and notice of noncompliance to the facility's Sanitary Survey Report. MassDEP has agreed to suspend the Penalty and the permit holder has subsequently received conditional approval.

9/28/10: MassDEP issued a Unilateral Order and a $30,000 Penalty Assessment Notice to a former Gas Station/Trucking Company for Waste Site Cleanup violations on 339 North Street in Dalton. Today's Order was issued to Richard J. Callahan and Linda L. Callahan, owners of the property due to their failure to conduct required cleanup actions. The Callahans failed to undertake actions in response to gasoline contamination that was discovered in 1990. The gasoline contamination is attributed to large, leaking gasoline underground storage tanks that were removed from this former service station in the early 1980's. Despite numerous notices to the Callahans from MassDEP from the 1990's to the present, including an offer of amnesty from the Department, the Callahans agreed to cleanup the property by 6/30/0. The Callahans failed to undertake response actions or submit required documents to MassDEP. MassDEP is now ordering that the cleanup be conducted.

9/28/10: MassDEP entered into a Consent Order with an $860 Penalty involving Irish Village Holdings, LTD./Irish Village Resort for Water Pollution Control (Title 5) violations at 512/518 Main Street in West Yarmouth. The Irish Village failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements of Water Pollution Control violations. This facility had previously received a Notice of Noncompliance for failure to inspect in 2005.

9/28/10: MassDEP entered into a Consent Order with a $17,250 Penalty regarding Comtran Cable LLC for Air Quality violations in Attleboro. During a site visit of Comtran Cable's Attleboro facility, MassDEP observed the installation and operation of manufacturing equipment that has the potential to emit volatile organic compounds (air pollutant) at the facility, prior to obtaining plan approval. Under today's Order, Comtran has agreed to take the required steps to ensure compliance with the requirements.

9/27/10: MassDEP entered into a Consent Order with a $1,960 Penalty regarding Patriot Resorts Corporation in Hancock for Drinking Water violations. The Corporation operates "Vacation Village" which changed from a transient non-community public water system to a non-transient non-community public water system. The Patriot Resorts Corporation failed to obtain approval and meet additional drinking water requirements associated with a change in Public Water System classification.

9/27/10: MassDEP issued a Unilateral Order to the following: Pan Am Railways, Inc.; Boston and Maine Corporation; Springfield Terminal Railway Company; East Deerfield Railyard, Deerfield. MassDEP's Order requires that a 100,000-gallon capacity above-ground storage tank system (AST) at the railyard be drained and taken out of service to address a threat of release condition. Today's Order requires the draining within 24 hours by the Pan Am Railways, Inc., Boston and Maine Corporation, and Springfield Terminal Railway Company (the "operators") of the railyard. A release of diesel fuel occurred due to a leak in the tank in August 2008, and the operators arranged for repair and cleanup. An Environmental Management System (EMS) report that was submitted in October 2009 noted concerns with the structural integrity of this AST and recommended that the AST be replaced. However, in lieu of replacement, the EMS report said significant repairs to the AST bottom and shell need to be performed. On September 27, 2010, the operators reported that another leak in the AST that released diesel fuel to the environment. The operators have designed a replacement storage tank farm to replace the existing AST, but have not initiated construction, and continue to use the AST for storage of large quantities of diesel fuel.

9/27/10: MassDEP entered into a Consent Order with $29,590 Penalty regarding the Townsend Oil, Inc. for Hazardous Waste Management violations at 27 Cherry Street in Danvers. This facility is an oil delivery company, where MassDEP carried out an unannounced inspection, uncovering numerous violations including the failure to register as a generator of waste oil and acting as a storage facility. Other violations were lack of employee training, labeling, delineation and a leaking drum. Townsend will pay $17,500 of the Penalty and to make the required upgrades to bring the facility into compliance. MassDEP has agreed to suspend $12,090 providing the facility remains in compliance for one year.

9/27/10: MassDEP entered into a Consent Order with a $1,000 Penalty regarding Frank Chan (d/b/a I.T. Construction Company) for Air Quality violations at 1188 Dorchester Ave in Boston. During a compliance inspection, MassDEP observed ongoing demolition of a commercial structure. MassDEP personnel determined that IT failed to notify MassDEP of the activity prior to the commencement of demolition as required by the regulations. IT will pay $500 and MassDEP has agreed to suspend $500 of the Penalty pending compliance for a period of one year.

9/24/10: MassDEP has entered into a Consent Order with a $19,781 Penalty regarding Mirant Kendall, LLC, for Waste Site Cleanup and Surface Water Discharge violations at 265 First Street in Cambridge. Mirant Kendall has agreed to address the release of approximately 200 gallons of lubricating oil on 11/22/09, at the Mirant Kendall Cogeneration Station at 265 First Street in Cambridge. During maintenance activities at the Cogeneration Facility, Mirant Kendall's personnel failed to shut off a high pressure water supply valve that resulted in pressurized water infiltrating and displacing the system's lubricating oil supply. The lubricating oil was flushed onto the floor of an unattended building and flowed out of the building and into an adjacent surface drain inlet. Some of the oil in the Broad Canal was drawn into the non-contact cooling water intakes and ultimately discharged to the Charles River. Mirant Kendall will pay $10,781 of the Penalty and MassDEP has agreed to suspend $2,281 contingent upon Mirant Kendall complying with all terms and conditions of today's Order, including a review of their oil and hazardous materials spill or release detection, prevention and response plans and procedures. Mirant Kendall must pay $2,125 to the Commonwealth within 30 days. Also, Mirant Kendall will conduct a Supplemental Environmental Project ("SEP") that specifically involves funding the Charles River Clean Up Boat Organization, a non-profit organization whose objective is to remove floating trash from the Charles River. Mirant Kendall shall expend no less than $6,375 to implement this SEP.

9/24/10: MassDEP entered into a Consent Order with the town of Rowe for Water Supply violations. The town has agreed to address non-compliance with drinking water requirements at a facility now owned by the town. The town will connect the facility, which now houses senior center activities and other community activities, with the existing public water system.

9/24/10: MassDEP entered into an Amendment to an existing Consent Order with Gill-Montague School District for Water Supply violations in Gill. MassDEP and Gill Elementary School have agreed that the water supply will conduct drinking water requirement to conduct microscopic particulate analysis (MPA). The MPA testing will now occur in the fall of 2010 and spring of 2011.

9/24/10: MassDEP entered into a Consent Order with HG October Mountain Estate, LLC, for Water Pollution Control violations at the resort known as "Eastover" in Lenox. HG October Mountain Estates is the operator of the resort. Under today's Order, the Estates will be allowed to provide limited operation of the facility by the new owners as they bring the facility into compliance with applicable wastewater regulations applicable to the current and intended operation.

9/24/10: MassDEP entered into a Consent Order with a $290 Penalty regarding Colrain Fire District /Colrain Water District #1 to address non-compliance with the Water Supply requirements. The District must prepare and distribute a Consumer Confidence Report (regarding the overall water quality within the system) in accordance with the Massachusetts Drinking Water regulations. MassDEP has agreed to fully suspend the Penalty pending full compliance.

9/24/10: MassDEP entered into a Consent Order with a $15,930 Penalty regarding Slobody Development Corporation for Wetlands violations in Hadley/Amherst. MassDEP determined that Slobody was in violation in connection with wetlands filling behind a commercial building it owned. The filling involved 15,463 square feet of bordering vegetated wetlands at the rear of the site and was discovered by (aerial photo) in the Wetlands Change Project. On-site investigation would later confirm that the filling took place. The owner has cooperated with MassDEP and hired a consultant to develop a plan to remove the fill and restore the area. Slobody will pay $5,000 and MassDEP has agreed to suspend $10,930 pending completion of the restoration.

9/24/10: MassDEP entered into a Consent Order with a $19,766 Penalty involving the town of Billerica for Water Pollution Control violations. Today's Order was executed in response to sanitary sewer overflows from the town's sewer system and pump stations. Under the terms of today's Order the town will pay $5,000 of the Penalty with the remaining $14,766 suspended pending completion of work to address sanitary sewer overflows. The required work includes sewer system modeling, capacity evaluation, and infiltration and inflow removal.

9/22/10: MassDEP entered into an Amendment to an existing Consent Order with Bachelor Knolls for Water Supply violations in Granby. Today's Amendment is regarding continued compliance with drinking water requirements at this very small community public water system to address multiple sources and/or two days of storage.

9/21/10: MassDEP issued a Unilateral Order to Kimball Farm at Oakridge, LLC for Water Supply violations in Lancaster. Kimball Farm at 1543 Lunenburg Road in Lancaster found during routine (and confirmed) water sampling levels of nitrate above the maximum contaminant level (MCL) for a Public Water System. Nitrate in drinking water at levels above the MCL is a serious health concern for infants less than six months old. On 9/21/10, MassDEP verbally ordered the facility to immediately notify all consumers of the MCL violation, work with the local board of health to provide for safe water use, evaluate the cause of contamination, and take corrective action. The verbal order was followed up with a written Order containing the details of the verbal information, and requiring submission of a corrective action plan to bring the water supply into compliance. The Order, with its requirements, was issued to assure the safety of the transient non-community water supply consumers that serves employees and customers at the facility.

9/21/10: MassDEP entered into a Consent Order with an $860 Penalty regarding Jones Pond Realty Trust/Coonamessett Inn for Water Pollution Control (Title 5/Septic System) violations at 311 Gifford Street in Falmouth. The Inn failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. The facility had previously received a notice of noncompliance by MassDEP for failure to inspect in 2005.

9/20/10: MassDEP entered into a Consent Order with a $27,620 Penalty involving Stephen R. Quimby for Asbestos violations in East Longmeadow. Quimby is a Massachusetts registered home improvement contractor. The violations were discovered during MassDEP's complaint investigation of a residential building demolition. MassDEP was informed of possible asbestos siding removal without having filed an asbestos notification. MassDEP conducted a site inspection and determined that prior to demolishing the structure, Quimby, had removed asbestos siding from a residential home that he owns in East Longmeadow and was storing the asbestos siding in the garage. Broken asbestos siding was also found on the ground at the site. Quimby had not filed an asbestos notification prior to this activity as required, nor did he employ the proper asbestos-handling, and disposal procedures. Quimby, who cooperated with MassDEP, cleaned up the site and properly disposed of the asbestos siding. Quimby will pay $4,000 of the Penalty, with the remaining $23,620 suspended for one year provided Quimby remains in compliance with the state asbestos regulations.

9/20/10: MassDEP issued a $28,797.50 Penalty Assessment Notice to L. Philip Lizotte, Jr. for Asbestos violations in Holyoke. The violations were discovered during a MassDEP investigation into alleged illegal asbestos removal activities at a two-family rental property located in Holyoke. During a site investigation, MassDEP determined that Lizotte, the owner, had removed asbestos thermal insulation from the basement of the property and placed the asbestos into trash bags. Lizotte then placed the trash bags into trash cans and loaded them into his truck. During these activities, Lizotte did not employ the proper asbestos-handling, notification and disposal procedures. Remnant asbestos insulation remained in the basement and on the ground outside of the building. Lizotte cooperated with MassDEP and cleaned up the site. Under the terms of today's Order, Lizotte has agreed to pay $16,000 of the Penalty, with the remaining $12.797.50 suspended provided Lizotte remains in compliance with the state's asbestos regulations for a period of one year.

9/20/10: MassDEP was informed by the Massachusetts Attorney General's Office that a Worcester Superior Court grand jury has indicted Paul Lukashuk, the past owner of a former scrap yard in Leominster and Sterling, for failing to report contamination of PCBs, cadmium and lead. The charges include failure to report a threat of release and conveying land without recorded notice of hazardous waste disposal. This case was originally developed by MassDEP's Emergency Response and MassDEP's Environmental Strike Force.

9/20/10: MassDEP was notified by the Massachusetts Attorney General's Office that a Worcester County grand jury had indicted H. Bradford White, Jr., Manager of the West Boylston Municipal Light Plant, in connection with his oversight of the demolition of an unused substation at the plant's main facility. The indictments are for improper removal, storage, and disposal of asbestos-containing materials. This case was originally developed by MassDEP's Bureau of Waste Prevention (Asbestos unit) and MassDEP's Environmental Strike Force.

9/20/10: MassDEP issued a Unilateral Order to, Benjamin Builders, Inc.; for Wetlands violations in Templeton. The company is required to correct unauthorized alterations to wetlands resource areas that occurred during construction activities at the Cook Pond Estates located on Hubbardston Road in Templeton. Today's Order requires the company to restore the impacted areas according to a plan approved by MassDEP. The work must be monitored by a wetland scientist to assure conformance to the approved plans. This action will result in restoration of one quarter acre of Bordering Vegetative Wetlands and 250 linear feet of stream bank.

9/17/10: MassDEP entered into a Consent Order with a $3,700 Penalty regarding ARNSAN, Inc. for Waste Site Cleanup violations at 459 Southbridge Street in Worcester. ARSAN, Inc. which is based in Lake Worth, Florida, owned this site which under a 1997 Notice of Activity and Use Limitation (AUL) placed on the property specifically required that pavement be maintained. During a site inspection audit conducted in May 2010, MassDEP determined that the pavement had degraded, and that the underlying soil was exposed. Following the audit inspection, ARSAN, Inc. immediately contracted a paving company and corrected the violation of the AUL. In addition to the Penalty, today's Order contains graduated stipulated penalty provisions for any future noncompliance.

9/17/10: MassDEP executed a Consent Order with a $14,380 Penalty regarding American By Products Co., Inc., for Waste Site Cleanup violations at 381 Revere Beach Boulevard in Revere. The company, which is based in Lynn, failed to notify MassDEP as soon as possible, and within two hours of obtaining knowledge of a release of approximately 150 gallons of waste cooking oil that occurred when drums fell from the back of one of its trucks and ruptured. This resulted in impacts to a paved driveway and portions of two adjacent residential properties. American By Products also conducted Immediate Response Actions (in an attempt to remove the material) in response to the release without first having obtained approval from MassDEP. Today's Order requires American By Products to prepare and submit an Oil and Hazardous Material Release Reporting and Response Plan to be utilized by its employees in future release incidents. MassDEP has agreed to fully suspend the Penalty with stipulated penalties of $1,000 per day if any future violations occur.

9/16/10: MassDEP entered into a consent Order with $25,000 Penalty regarding Daniels Landscaping & Construction, Inc. for Solid Waste violations in Brewster. MassDEP and Daniels Landscaping & Construction, Inc., entered into today's Order regarding outstanding issues of noncompliance at their unlined, uncapped, and unpermitted wood waste landfill located at 433 Freeman's Way in Brewster. The landfill is located on two (2) parcels of land, on which one parcel (Lot 56 = 4.5-acres) is site-assigned as a solid waste facility and the other parcel (Lot 58 = 4.1-acres) is not site-assigned as a solid waste facility. MassDEP had previously attempted to bring the site into compliance under a Consent Order on 2/29/00. An inspection performed in early 2008 disclosed that full compliance with that previous Order had not been achieved. Based on internal enforcement discussions, MassDEP determined that rather than pursue enforcement under the previous Order, (i.e. collection of stipulated and suspended penalties) an additional Order would be established requiring payment of penalties for past noncompliance as well as setting forth a new compliance schedule. Today's Order now requires the owner/operator to pay $11,179 of the $25,000 Penalty (which represents three rounds of missed environmental monitoring) and the portion that is to be suspended totals $13,821, and represents the remaining balance. Further, today's Order establishes a two-year compliance schedule for the completion of the excavation/removal activities of the remaining solid waste (est. 60,000 cubic yards) at the site.

9/15/10: MassDEP entered into a Consent Order with a $9,000 Penalty involving Clean Harbors of Braintree, Inc., and Clean Harbors Environmental Services Inc. of Braintree for Hazardous Waste Management violations, which were determined during facility inspections and inspections of hazardous waste transportation vehicles. Today's Order addresses inaccuracies in inspection logs and dimensions shown on plan drawings, facility drainage improvements not shown on plans, temporary placement of waste containers in the truck parking containment area, bench scale testing prior to waste stabilization, container labeling, and safety equipment that is required in waste transportation vehicles.

9/15/10: MassDEP entered into a Consent Order with a $13,050 Penalty regarding Casella Recycling, (formerly KTI Recycling of New England/FCR Boston), for Solid Waste violations in Boston. Responding to a complaint by the Boston Public Health Commission, MassDEP inspected Casella's Charlestown recycling facility and observed material being tipped (deposited) outside the structure. This violated the facility's site assignment determination of need. The facility has since received approval of a modified to install additional processing equipment for increased efficiency and reduction of accumulation of incoming material at the tipping area. Casella will pay $8,000 of the Penalty with the remaining $5,050 suspended if Casella remains in compliance for two years. Casella also agreed to a third-party consultant who will conduct bimonthly inspections of the facility for a period of one year to ensure the facility remains in compliance

9/13/10: MassDEP entered into a Consent Order with a $14,000 Penalty regarding Northern Foundations, Inc. for Wetlands violations in Dalton. Northern Foundations was found in violation related to construction in the Riverfront Area and on the Banks of Barton Brook. Previously, on 4/21/09, MassDEP responded to a complaint and investigated the area of Barton Brook and observed that a portion of the Riverfront Area had been cleared of vegetation, filled with gravel and concrete blocks along 300 feet of the Bank of the river. Today's Order now requires Northern to submit a Restoration Plan, and fully restore altered Riverfront Area and the Banks of Barton Brook at the site by 10/1/11. MassDEP has agreed to suspend $4,000 of the Penalty is suspended contingent upon Northern fully complying with the Order.

9/13/10: MassDEP issued a Unilateral Order with the city of Somerville for Water Pollution Control violations. The city has failed to address illegal wastewater connections to their stormdrain system. Today's Order requires the city to eliminate a known illegal connection, and to undertake investigations to identify the other sources of wastewater to their stormdrain system

9/13/10: MassDEP entered into a Consent Order with Mass Electric Company to clean up a release of drilling fluid that impacted the Malden River. The electric power utility based in Waltham has also agreed to fund an $11,500 mitigation project that will pay for construction of three rain gardens in a right-of-way near the water's edge in Everett and Malden. In late 2009, Mass Electric received approval from MassDEP to conduct horizontal drilling operations along the Malden River to replace aging power facilities that the company needed to maintain current service and meet the growing demand for power in the region. The drilling project involved installing new power cables at depths of 60 feet under the Malden River and Little Creek. On 12/3/09, unexpected fractures in the surrounding soil resulted in the release of drilling fluids (bentonite clay and water) into the Malden River, a wetlands and water quality violation, which can result in negative impacts to wildlife habitat and water quality. Under a consent order signed with MassDEP, Mass Electric has agreed to remove the unauthorized discharge of pollutant materials from this release and conduct post-cleanup monitoring of the area - a process that will be subject to review by MassDEP. In lieu of having the company pay a $5,750 Penalty, however, MassDEP has agreed to mitigate the penalty in full, provided the company complete a Supplemental Environmental Project (SEP) at a cost of $11,500. Under this SEP, the company has agreed to provide direct funding for twice the amount of the penalty, but to a non-profit organization, Groundwork Somerville.

9/10/10: MassDEP entered into a Consent Order with Northfield Pump Storage Hydroelectric Facility and FirstLight Hydro Generating Company in Northfield for Water Quality violations. MassDEP found FirstLight Hydro Generating Company responsible for the discharge of sediment to the Connecticut River. The discharge of accumulated sediment from the reservoir resulted from the dewatering/maintenance operation in the area near and downstream of the facility tailrace channel on the banks of the river. The sediment in river was contained by silt curtains. On 8/4/10 the federal EPA issued an Order to cease the discharge and require submission of additional information, including a sediment removal plan. MassDEP coordinated its actions with the EPA, U.S. Fish & Wildlife and the Army Corps of Engineers and issued today's Order which approves a Restoration Plan for the site involving the removal of 20,000-50,000 cubic yards of sediment by hydraulic dredging with upland disposal. The Order also requires in-water monitoring of water quality before and during the restoration activities as well as mitigation.

9/9/10: MassDEP entered into a Consent Order with a $10,000 Penalty involving Crown Castle USA and T-Mobile, for Waste Site Cleanup violations at a cell phone tower located at 1 Turkey Hill Lane in Cohasset in August 2010. T-Mobile operates a cell phone network that provides telecommunication services. Crown Castle owns a Cohasset cell phone tower and associated compound where the backup generator is fueled by liquid propane stored in an on-site Underground Storage Tank (UST). Under state regulations, both parties are responsible for providing timely notification to MassDEP following reportable releases of oil or hazardous material. However, neither of these companies reported the propane-release incident, which occurred at approximately 8 p.m. on August 5, 2010, within two hours, as required. A sub-contractor working on behalf of T-Mobile inadvertently struck the UST valve during cell tower maintenance work, resulting in the release of 400 gallons and causing a strong odor to permeate the neighborhood. At approximately 8:15 p.m., the Hingham Fire Department responded to the release. The next morning, the Hingham Fire Department responded again and shut down all maintenance activities upon arrival due to what it deemed the explosive risk posed by the residual propane vapors. On the morning of August 6, the Cohasset Fire Department also inspected the spill location and subsequently notified MassDEP at 11:10 a.m.

9/9/10: MassDEP entered into a Consent Order with a $290 Penalty involving the town of Egremont Water Commissioners for Water Supply violations. MassDEP concluded today's Order to address repeat non-compliance with the requirements to prepare and distribute a Consumer Confidence Report (on Water Quality). A CCR is required in accordance with the Massachusetts Drinking Water regulations.

9/9/10: MassDEP issued a Demand for a $1,000 Penalty involving Kelley Oil Company for Waste Site Cleanup violations in Palmer. Robert Kelley is owner of Kelley Oil Company in Palmer. MassDEP previously entered into an Administrative Consent Order with Kelley regarding the cleanup of contaminated site. The Consent Order required Kelley to expedite the pace of remedial response actions (cleanup) at the site. The site had first been listed with MassDEP on 1/26/90 due to the detection of fuel oil during a tank removal. The site is a small fuel oil terminal located on the banks of the Quaboag River. This site was also heavily damaged during the flooding that occurred in October 2005. MassDEP required submittal of Waste Site Cleanup Plans and Completion reports. Today's Order establishes specific deadlines to complete response actions and contains stipulated penalties should any future noncompliance occur. Kelley has now failed to comply with that Consent Order and therefore MassDEP issued the Demand letter.

9/8/10: MassDEP entered into a Consent Order with a $7,940 Penalty regarding Life Technologies Corporation for Asbestos violations in Hopkinton. MassDEP discovered during an August 2009 inspection of a Hopkinton facility formerly owned by the company, MassDEP inspectors observed numerous pieces of dry floor tiles coated with asbestos-containing mastic uncontained in an open top roll-off container located in the facility's parking lot area and exposed to the ambient air. Under the terms of today's Order, the Company will pay a $6,000 of the Penalty with the remaining $1,940 suspended provided the company expends at least an additional $4,000 to complete a Supplemental Environmental Project (SEP). Under the SEP, the company will develop, print and distribute an asbestos awareness educational brochure. The brochure will be provided to members of the Massachusetts Chapter of the Association of Building Contractors through the Gould Construction Institute.

9/8/10: MassDEP entered into a Consent Order with a $5,000 Penalty regarding Janet P. and Elwin C. Shepherd, III for Wetlands violations on Jewett Hill Road in Ashby. MassDEP inspected the site at the request of the Ashby Conservation Commission, and observed that land-clearing activities taking place on the property resulted in the alteration of bordering vegetative wetlands and stream bank. In addition to the Penalty, today's Order requires implementation of a MassDEP approved restoration plan that includes placement of erosion controls, a planting schedule, and a final evaluation report to verify the success of the plantings. This action will result in the restoration of 2,500 square feet of bordering vegetative wetlands and 50 linear feet of stream bank.

9/8/10: MassDEP entered into a Consent Order with a $9,000 Penalty regarding Price Chopper Operating Co. of Massachusetts, Inc. for Wetlands violations at 731 Boston Turnpike in Shrewsbury. MassDEP found during an inspection of the property that violations occurred during construction of a new supermarket including the discharge of silt-laden runoff and a lack of effective erosion and sedimentation controls at the site. These activities also occurred in violation of a local approval as issued by the Shrewsbury Conservation Commission. The company has agreed to continue the implementation of the erosion control plan required in the initial approval, and to implement an approved wetland restoration and mitigation plan. The plan includes drainage improvements, wetland replication activities, plantings, and sediment removal from an adjacent stream. In addition to the Penalty, today's Order contains a stipulated penalty provision should there be any future violations. This action will result in the restoration of a total of 10,000 square feet of bordering vegetative wetland.

9/8/10: MassDEP entered into an Amendment to a Consent Order with Home Market Foods, Inc. for Air Quality violations in Norwood. The Order includes a plan for a proposed test program using a pilot-scale version of an air quality control device to evaluate its level of control, impact on production as well as operation and maintenance activities. The facility submitted a compliance schedule which included dates for installation of the pilot unit, initiation of the pilot study, completion of the pilot test program and the submittal of an administratively correct plan application.

9/7/10: MassDEP entered into a Consent Order with a $25,000 Penalty regarding Forty-Second, LLC, for Waste Site Cleanup violations at 70-92 Boston Street in Salem. This site is the former Flynn Tannery which currently Forty Second, LLC is the owner and/or operator of said property. . The specific Waste Site Cleanup violations were failure to meet deadlines established in a previous notice of noncompliance that MassDEP issued on 12/ 3/08. Under the terms of today's Order, Forty-Second LLC is required to submit an Immediate Response Action status report by 9/15/10; a phase three remedial plan selection by 4/30/11; a phase four remedial implementation plan by 1/30/12 and a response action outcome statement by 1/30/13. The company has been awaiting permits from the city of Salem and a decision regarding real estate that will be taken to re-route Bridge Street. The company will pay $5,000 of the Penalty with the remaining $25,000 of the Penalty suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.

9/3/10: MassDEP issued a Unilateral Order to Robert Chatwood for Wetlands violations at 654R Essex Avenue in Gloucester. Previously, on 5/21/10, MassDEP issued approval (a superseding order of conditions) to Chatwood for the demolition of a collapsed structure and limited clearing of vegetation. Chatwood had previously begun work without receiving any authorization. The site in questions contains bordering vegetated wetland and an Intermittent Stream. On 8/24/10, MassDEP staff conducted an inspection of the property and found that boulders were being moved within the intermittent stream and there had been digging in the channel. This activity is not permitted. On 8/27/10, 8/31/10, and 9/2/10, MassDEP received telephone and email complaints alleging that trees were being cut within the BVW and a backhoe was being used to remove vegetation within the BVW. This work is not permitted. Today's Order requires that all work in wetlands jurisdiction that is not approved, cease immediately. Additional enforcement is anticipated.

9/2/10: MassDEP entered into a Consent Order with a $7,850 Penalty regarding J.A.M. Plumbing & Heating for Asbestos violations in Springfield. Joseph Minardi, d/b/a J.A.M. Plumbing & Heating has agreed to address asbestos notification and handling violations which occurred during repairs of a heating system at a rental property in Springfield. J.A.M. Plumbing & Heating will pay a $990 Penalty, with the remaining $6,860 suspended pending compliance with today's Order.

9/1/10: MassDEP executed a Consent Order with an $8,630 Penalty regarding Quality Care Auto Repair, LLC, for Waste Site Cleanup violations at 556 St. James Avenue in Springfield. Hasapall Mohamed as operator of the former Quality Care Auto Repair Facility, failed to notify MassDEP within 2 hours of a 35-gallon release of waste oil that occurred at the site on 7/15/09 approximately 7:45 a.m. The release was reported to the MassDEP by the owner of the property at 12:52 p.m. Quality Care Auto Repair personnel were attempting to load a container of waste oil onto a truck for transport to another facility owned by Mohamed . Mohamed and the property owner ultimately arranged for completion of all required cleanup at the site. Mohamed will pay $2,000 of the Penalty with $6,630 suspended provided no additional violations occur.

August 2010

8/31/10: MassDEP issued a Unilateral Order to National Grid Transmission Services and New England Power (two entities) for Wetlands violations at the West Amesbury Substation on 102 Middle Street in Amesbury. MassDEP found that work being conducted on the property (under a permit or order of conditions issued by the local conservation commission) had instead resulted in wetlands violations. These included slope failure and ongoing sedimentation to nearby resource areas. These violations occurred in parts as a result of inadequate stormwater controls. MassDEP staff inspected the site on 8/25/10 to observe new activities being implemented on the property at the direction of the local approving authority (the conservation commission). MassDEP found inadequate stormwater controls and siltation controls had resulted in sediment being eroded from denuded areas of the site and further this caused alteration of bordering vegetated wetlands, bank, riverfront area and land under a waterway (a perennial stream known as Presbus Creek). Today's Order requires an immediate cease and desist of all work and implementation of site stabilization. Additional enforcement is anticipated.

8/27/10: MassDEP entered into a Consent Order with a $1,000 Penalty regarding New England Builders Contractors & Traders, Inc. for Air Quality violations at Framingham State College's Whittemore Library. During an inspection of Framingham State College's Whittemore Library, MassDEP personnel determined the NE Builders was performing demolition and renovation activities in a large portion of the library, despite having failed to notify MassDEP of the foregoing activity as required by the regulations. As a result of the violation observed, NE Builders has agreed to pay $500 and the sum of $500 will be suspended pending compliance for period of one year.

8/25/10: MassDEP executed a Consent Order with a $12,500 Penalty regarding Whips Farm Trust, trustee Nathan N. Withington, for Wetlands violations in Plymouth. The Trust owns approximately 56 acres in Plymouth where it is alleged approximately 1.75 acres of bordering vegetated wetland at the property were cut, an area that has since become revegetated. The cut area is located adjacent to an active farm field. Today's Order requires the trust to prepare and submit a site plan showing the location and extent of the 100-foot agricultural field edge of the active farm field, as well as a 20-foot access way along the length of a drainage ditch that runs from the field. The trust shall also demarcate the field edge by placing physical markers utilizing GPS points. The trust will propose to implement a "Wet Meadow Maintenance Area" at the property intended to promote environmental diversity and enhance wildlife habitat. Under the terms of today's Order, the Trust will perform a Supplemental Environmental Project (SEP) valued at $9,375 and paying a penalty in the amount of $3,125. The SEP involves the contribution of $9,375 toward the Nature Conservancy and its acquisition of a 36-acre parcel within Plymouth's Eel River Watershed containing priority habitat for rare and endangered species.

8/25/10: MassDEP entered into a Consent Order with a $28,875 Penalty involving the town of Arlington for Water Pollution Control violations. Today's Order was executed in response to recurring sewer system overflows (SSO's) from the town's sewer system. Under the terms of the Order, the town will implement a program to identify and remove infiltration and inflow sources to the sewer system that will help address these SSO's. The town has agreed to pay $5,000 of the Penalty with the balance ($21,875) to be suspended, pending satisfactory completion of the work required.

8/24/10: MassDEP entered into a Consent Order with a $12,700 Penalty involving Robert E. Arsenault for Asbestos violations at 50 Cove Street in Marshfield. MassDEP found that Arsenault failed to submit proper notification to MassDEP for removal of asbestos containing material and thereafter failed to use proper work practices during the removal. MassDEP has agreed to suspend the Penalty provided the homeowner does not violate any provision, or violate any of the regulations cited in the order within one year.

8/24/10: MassDEP entered into a Consent Order with $23,070 Penalty involving Absolute Environmental Inc. for Asbestos violations at an area adjacent to the Methuen landfill. MassDEP personnel responded to a complaint of improper waste storage and handling of asbestos at a location adjacent to the Methuen landfill. At the time of the initial inspection MassDEP personnel could not gain entry into the trailer. MassDEP subsequently determined that the location was being utilized by Absolute - a licensed asbestos abatement company - to consolidate asbestos waste in said trailer. As a result of the violations observed at the site, Absolute will pay $6,000 with the remaining $17,070 suspended pending compliance for a period of one year.

8/23/10: MassDEP entered into a Consent Order with a $27,400 ($19,180 Penalty involving Palmer Paving Corporation for Air Quality, Hazardous Waste Management and Groundwater Discharge violations in Palmer and Springfield. Palmer Paving's violations were discovered during MassDEP's inspection of the company's Palmer and Springfield facilities. The inspections and subsequent review of the company's records revealed that the company was not meeting numerous provisions of its approved Air Quality approval and was not meeting Hazardous Waste Management requirements. In addition, the company was discharging industrial wastewater (truck wash water) to the ground. The company, which cooperated with MassDEP to address the noncompliance issues, has agreed to pay $19,180 of the Penalty and will develop and implement an Environmental Management System (EMS). The EMS will help prevent any future noncompliance at its Palmer and Springfield facilities. MassDEP has agreed to suspend the remaining ($8,220) Penalty pending the company's compliance with the terms and conditions of today's Order.

8/23/10: MassDEP entered into a Consent Order with a $2,000 Penalty for both the town of Sunderland and William B. Klaus, Jr. for environmental violations in Sunderland. MassDEP determined that the town, and Klaus, a private landowner, had engaged in the development of two residential units on property that was subdivided from the closed landfill property. Today's Order includes provisions for the town to take title to the landfill parcel from Klaus, and thereafter, obtain an easement from Klaus to maintain a 100-foot buffer zone and access to the landfill parcel. This easement will be recorded on the landfill parcel in the registry of deeds. Each Consent Order requires a $2,000 Penalty against each of these parties, and provides for future environmental monitoring of the private wells for both houses.

8/23/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Frank's Vacuum Truck Service for Hazardous Waste Management violations in Salem. Frank's Vacuum Truck Service is a Massachusetts-licensed hazardous waste transporter based in Niagara Falls, New York. MassDEP determined that the company allowed a spill of hazardous wastewater from a tanker truck, apparently due to defective equipment and lack of driver attention to proper loading procedures. After collecting a load of wastewater from Dominion Energy New England, the tanker released a small amount of wastewater containing heavy metals onto the streets of Salem before the leak was detected. In addition to the Penalty, the company has agreed to submit a compliance plan that will address the actions it will take to prevent future spills, including truck equipment inspection and maintenance procedures and training of driver's on proper loading and securing of hazardous wastes before and during transport.

8/23/10: MassDEP entered into a Consent Order with Pondview Square Condominium I Trust for Water Supply violations in Tyngsboro. Samples from the source well collected by Pondview Square Condominium I Trust in September and October of 2009 indicated that elevated level of uranium and arsenic were present. MassDEP considers the elevated uranium and arsenic levels at this site's water supply to be an unacceptable human health risk. Therefore, a "Do Not Drink Order" was issued on 12/9/09. The order was not lifted. In accordance with today's Order, Pondview Square Condominium I Trust agrees to connect the condominium to the Tyngsborough Water District's public water supply system within 60 days and to abandon its previous source well as a source of public water supply.

8/23/10: MassDEP entered into a Consent Order with Cypress Properties for Waste Site Cleanup violations at 5 Cypress Drive in Burlington. Cypress Properties is the owner and/or operator of the property where there has been a failure to meet cleanup deadlines established by MassDEP in a Notices of Noncompliance issued on 6/16/10. Today's Order requires a phase two assessment report by 12/30/10, a phase three remedial alternatives analysis by 2/28/11 and implementation of that plan or phase four by 4/30/11. A final response action outcome statement is due by 4/30/12. Today's Order contains a stipulated penalty provision for any missed deadlines.

8/23/10: MassDEP entered into a Consent Order with Patriot Resorts Corporation for Water Supply violations in Lanesborough. Today's Order is relative to violations involving total coliform (bacteria) rule at the visitor center at this public water supplier. The owners have agreed to bring the facility back into compliance with the groundwater rule, and inactivation/reactivation requirements.

8/23/10: MassDEP issued a Unilateral Order to the US Army Corps of Engineers for Water Supply violations, detection of e-coli bacteria at the picnic area at the Knightville Dam Recreation area in Huntington. Today's Order requires the public water system to address compliance at the facility, which has been closed, public notice, emergency response and reporting and other requirements are included.

8/23/10: MassDEP issued a Unilateral Order to CSX Transportation, Inc. and Consolidated Rail Corporation (separately) for Wetlands violations in Pittsfield. MassDEP issued the Order for the improper covering, testing and disposal of rail ballast placed by CSX at a facility operated by the company in Pittsfield. Approximately 1,000 cubic yards of material had been brought to the site from another CSX site and placed for eventual spreading as fill. The area where the fill was placed and spread, however, is in the flood plain of the Housatonic (bordering land subject to flooding) represented a violation of the Wetlands Protection Act. Consolidated is the owner of the property where CSX had brought the fill.

8/20/10: MassDEP entered into a Consent Order with a $30,000 Penalty involving Alireza Nowrouzi as trustee of Pine Street Realty Trust for Waste Site Cleanup violations at 266 Moody Street in Waltham. The Trust is the owner and/or operator of the property where violations involved the failure to meet cleanup deadlines established in notices of noncompliance issued by MassDEP on 2/11/10 and 2/23/10. Today's Order requires a phase two assessment report by 2/1/11 and a phase three remedial alternatives analysis by 4/1/11 and a selection and implementation of cleanup plans by 7/1/11 with a final response action outcome by 10/1/12. Today's Order requires a $5,000 Penalty with $25,000 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.

8/18/10: MassDEP entered into a Consent Order with a $17,400 Penalty involving the Boston College Law School - Trustees of Boston College for Air Quality and Hazardous Waste Management violations at its Chestnut Hill campus in Newton. Boston College Law School is one of the professional graduate schools of Boston College. Under a previously issued Consent Order MassDEP and the trustees of Boston College for similar violations at the Boston College main campus, a pattern of noncompliance was established. The most recent multimedia inspection of the Law School revealed unlabeled universal waste containers and five improperly configured emergency generator exhaust stacks at the Boston College Law School campus. Today's Order requires Boston College Law School - Trustees of Boston College to pay a $14,400 Penalty, with an additional $3,000 penalty suspended for one year provided that the school corrects the violations and remains in compliance.

8/17/10: MassDEP entered into a Consent Order with Anchorage Nursing Home for Water Supply violations in Shelburne. Today's Order follows repeated violations of the total coliform (bacteria) rule and requires Anchorage Nursing Home to take certain actions to bring the public water system back into compliance.

8/17/10: MassDEP executed a Consent Order with a $9,750 Penalty involving William Devine, as trustee of Atlantic Realty Trust, for Wetlands violations in Westport. The Trust violated the coastal dune performance standards of the Wetlands Protection Act by constructing a stairway and walkway on a coastal dune of a barrier beach without proper notification or approval. Today's Order requires that the stone stairway and stone dust walkway be removed by 9/30/10. Devine agreed to pay $6,000 of the Penalty with the remaining $3,750 suspended pending the removal of the structure.

8/17/10: MassDEP entered into a Consent Order with an $860 Penalty involving the Orleans Marketplace, LLC, for Water Pollution Control violations at 130-136 Route 6A in Orleans. The owner failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the state septic system/groundwater discharge state regulations. This facility had previously received a notice of noncompliance in 2005 for failing to inspect this system.

8/17/10: MassDEP entered into a Consent Order with an $860 Penalty involving the Federal Realty Investment Trust/Queen Anne's Plaza for Water Pollution Control violations at 10 Washington Street in Norwell. MassDEP found that the Trust failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater. The facility had previously received a notice of noncompliance in 2005 for failing to inspect the system.

8/17/10: MassDEP entered into a Consent Order with a $5,000 Penalty involving 180 Church Street, LLC, for Waste Site Cleanup violations in Lowell. The LLC is the owner of the property where there was a failure to meet certain deadlines that MassDEP established in a Notice of Noncompliance issued on 5/ 22/09. Today's Order now establishes specific deadlines for the submittal of a phase two (assessment) report, and if necessary, a phase three and four cleanup reports and final statement. In addition to the $5,000 Penalty there is a provision for stipulated penalties for any missed deadlines.

8/17/10: MassDEP entered into a Consent Order with a $5,000 Penalty involving American Stonehenge Realty Trust (ASRT) for Waste Site Cleanup violations at the Warren/Church Streets site in Lowell. Following an audit of a status report submitted for this site, namely that it was downgradient property from the actual source of contamination, revealed noncompliance. MassDEP followed up by issuing Notice of Audit Findings on 5/26/09 which required them to address the issues of noncompliance. The disposal site includes two properties, 10 George Street (Lot A) and 151 Warren Street (Lot B), that were subdivided in the early 1980s. The so-called downgradient property status (DPS) for the 151 Warren Street portion of the disposal site was terminated due to an affiliation with the owner of the presumed upgradient property, 180 Church Street. MassDEP has now entered into an Order with ASRT for the failure to comply with the Audit Findings, and established deadlines for the submittal of a release abatement measure status report or release abatement measure completion report for Lot B; and, an evaluation of indoor air at Lot B, and a revised phase two assessment report for Lots A and B. If applicable, a full and complete phased cleanup is required for any additional cleanup measures that are necessary from that point. Further, in addition to the Penalty, there is a stipulated penalty provision for any missed deadlines.

8/16/10: MassDEP issued a Unilateral Order to Pleasant Valley Corporation for Water Supply violations at Pleasant Valley Country Club in Sutton. MassDEP determined that results of routine water sampling indicated levels of perchlorate above the maximum contaminant level in a public water system. The source is a well that serves the Country Club, and on 8/11/10, MassDEP verbally ordered the facility to notify the consumers about this violation, and in addition, provide instructions for safe water use. Further the owner must evaluate the cause of the contamination and take corrective actions. The verbal order was followed up with a written Order. The Order with its required actions was issued to assure the safety of this transient non-community water supply serving approximately 300 customers.

8/16/10: MassDEP entered into a Consent Order with a $4,000 Penalty involving the town of Swampscott for Wetlands violations at Fisherman's and/or Blaney Beach in Swampscott. After receiving a complaint, MassDEP staff conducted two inspections and found that the town had performed work on the site consisting of bulldozing and collecting sand from portions of the beach and then moving the sand into a stockpile at the far easterly end of the beach. Such activity resulted in the filling, alteration and/or destruction of approximately 10,000 square feet of coastal beach, including 6,500 square feet in the sand removal area and approximately 3,500 square feet in the sand stockpile area. Today's Order requires the town to cease all activities to manage the beach, except some very specific minimal interim measures, until MassDEP receives and approves a Comprehensive Beach Management Plan and Schedule. Such plan must include provisions for intended beach management activities on all the beaches the town is responsible for in Swampscott. Once approved, the plan must be implemented for no longer than three years, after which time, if the town seeks to continue beach management activities, it must be approved anew by means of filing "Notice of Intent" and if approved, receiving a "Final Order of Conditions" for the work. MassDEP has agreed to completely suspend the Penalty provided it performs a Supplemental Environmental Project (SEP). Under this SEP, the town has agreed to implement a targeted public trash recycling program at this site.

8/16/10: MassDEP entered into a Consent Order with a $12,565 Penalty involving the Whittier Regional Vocational Technical High School for Water Pollution Control violations in Haverhill. Today's Order includes requirements for the school to complete a wastewater management plan so that discharges from the school are properly managed and permitted. Today's Order includes a $12,565 penalty, which was suspended pending satisfactory completion of the required work.

8/10/10: MassDEP entered into a Consent Order with a $23,070 Penalty involving Premier Abatement & Labor Services, Inc. for Asbestos violations at 290 Merrimac Street in Lawrence. During a routine inspection of the area around 290 Merrimac Street in Lawrence, MassDEP observed what appeared to be an asbestos waste trailer in an adjacent parking lot. At the time of the initial inspection MassDEP personnel could not gain entry into the trailer. Subsequently, it was determined that the location was being utilized by Premier - a licensed asbestos abatement company - to consolidate asbestos waste in said trailer. As a result of the violations observed at the site, Premier has agreed to pay $6,000 and the remaining $17,070 will be suspended pending compliance for a period of one year. The small business policy was utilized in reaching this settlement.

8/6/10: MassDEP entered into a Consent Order with Petersham Curling Club, Inc. for Water Supply violations in Petersham. The Petersham Curling Club, Inc. must address its status as a transient public water system and take the required actions to bring this system into compliance with the Massachusetts Drinking Water Regulations.

8/6/10: MassDEP issued a Unilateral Order to Vincent Moccio for Waste Site Cleanup violations at 1211 Springfield Street in Agawam. As owner of a commercial property in Agawam, Moccio was found by MassDEP to be in violation due to his failure to complete cleanup response actions in Agawam. MassDEP has made prior attempts to bring this site into compliance. Today's Order establishes a 30-day deadline for the submittal of phase two assessment and phase three selection of remedial alternatives reports and final response action outcome for the site.

8/6/10: MassDEP issued a Unilateral Order to John J. Metelica III for Waste Site Cleanup violations at 366 Deerfield Street in Greenfield. MassDEP issued today's Order to the owner of a commercial property in Greenfield due to his failure to complete response actions at this site. MassDEP has issued past enforcement actions here, including the assessment of a penalty. Today's Order now establishes a 30-day deadline for the submittal of a tier classification for the site.

8/6/10: MassDEP entered into a Consent Order with 95 Topliff Street Condominium Trust for Waste Site Cleanup violations in Dorchester. Topliff Street Condominium Trust is the owner of the condominiums at 95 Topliff Street in Dorchester. The owners purchased these condominiums at foreclosure auctions. Specifically, violations were for failure to meet deadlines. Today's Order now requires a phase one assessment report and tier classification (waste site cleanup permit) submittal or a final response action outcome statement by 6/30/11. Today's Order contains a stipulated penalty provision for any missed deadlines.

8/05/10: MassDEP entered into a Consent Order with a $49,448 Penalty for both Soucy Industries, Inc. and Tremont Yard LLC regarding several Surface Water Discharge, Waste Site Cleanup and Air Quality (Asbestos) violations at 257 Father Morissette Boulevard in Lowell. MassDEP inspected this redevelopment site in July 2008 and found violations including: a release of petroleum tar, improper demolition, and improper asbestos abatement of a building and the discharge of fuel oil to surface water. A pump had been left unattended to de-water the lower foundation of the existing structure of the site during demolition activities and resulted in the discharge of fuel oil to the surface water of the Western Canal. While investigating the unpermitted discharge of oil MassDEP personnel identified other violations. During demolition activities personnel had ruptured several drums of petroleum tar. This release was not reported to MassDEP by either Soucy Industries or Tremont Yard. They also failed to arrange for an expeditious cleanup of the tar. In addition, they each failed to notify MassDEP in advance of the demolition and subsequently failed to conduct proper asbestos abatement and management of asbestos containing materials during the demolition. Tremont Yard LLC, which leased the land, and is the re-developer of the property where the violations took place, has agreed to pay $36,000 of the Penalty, with the remaining $13,448 suspended if Tremont Yard does not commit additional non-compliance with environmental laws and regulations. Soucy Industries is/was Tremont Yard LLC's general contractor conducting demolition of existing structures at the property, will have the entire $49,448 Penalty suspended if Soucy Industries does not commit additional non-compliance with environmental laws and regulations.

8/3/10: MassDEP entered into a Consent Order with $15,860 Penalty involving Ganson and Nancy Purcell for Wetlands violations at their residential property at 443 Main Street in Amesbury. MassDEP issued a final Order of Conditions (to a previous owner of this land) in 1999 that permitted the construction of a new single family house, driveway, grading and utilities. However, the permit to work in the applicable resource area, which included bordering land subject to flooding (BLSF) and riverfront area (RA) of the Merrimack River, expired in 2002. The Purcells purchased the property prior to expiration of the Order of Conditions and there was no request for any certificate of compliance. In 2009, MassDEP determined the project was in non-compliance with the Order by not providing the necessary compensatory flood storage in the BLSF and not meeting the RA landscaping requirements. Today's Order requires respondent to implement an approved plan to provide compensatory storage to the BLSF and vegetation to the RA. The Purcells have agreed to pay $250 of the Penalty with $15,610 suspended pending compliance.

8/3/10: MassDEP entered into a Consent Order with an $8,000 Penalty involving: Nealco, Too Inc. - for Asbestos violations at 21 Melville Street in Dorchester. MassDEP responded to a request from the Boston Fire Department to investigate a complaint of improper asbestos handling at 21 Melville Street in Dorchester. During that inspection, MassDEP personnel determined that the company had removed asbestos containing material from 25 Allston Street in Allston and were storing the asbestos waste in a box truck at the Dorchester site. During another inspection at 331 Concord Avenue in Framingham, MassDEP observed the company's employees removing asbestos containing materials from the exterior of the building dry and sealing it while dry into asbestos waste bags. During another inspection at 1377 Centre Street in Boston, MassDEP personnel met with City of Boston Office of Environmental Affairs personnel who observed the company's employees performing dry removal of asbestos containing material. MassDEP personnel observed the company was not following proper work practices. As a result of the violations observed by MassDEP Nealco, Too Inc. has agreed to pay $4,000 while the remaining $4,000 suspended pending compliance for a period of one year.

July 2010

7/30/10: MassDEP entered into a Consent Order with a $149,010 Penalty involving the Hanover Company for Wetlands and Water Quality violations at the Lodge at Ames Pond at One Ames Hill Drive in Tewksbury. MassDEP Commissioner Laurie Burt issued today's Final Decision on the Order, which involves the Ames Pond Limited Partnership; and Hanover R.S. Limited Partnership. This case involves the construction of a 364-unit residential apartment development on 53 acres. A cease-and-desist Order was previously issued by MassDEP, but that was appealed. Today's Order settles that appeal. The violations included multiple discharges of silt- and sediment-laden stormwater at multiple locations into Ames Pond and bordering vegetated wetlands (BVW). This resulted in the deposition and alteration of 10,000 square feet of land under water, and 2,100 s.f. of BVW. These alterations were in violation of what the local conservation commission had approved. The Tewksbury con-com in response issued its own enforcement order, but additional violations ensued including the construction of an emergency roadway through a BVW temporarily altering 2,052 s.f. of BVW beyond what was permitted. This additional temporary alteration resulted in water quality violations because the cumulative total of BVW alteration for the project was beyond the threshold. Under today's Order, the parties are required to restore all BVW (4,552 s,f.) and LUW (10,000 s.f.) and long-term monitoring to ensure viability. The parties will also pay a $112,005 Penalty with $37,005 suspended after five years.

7/30/10: MassDEP entered into a Consent Order with A $2,500 Penalty involving Quaboag Valley Landscape, Inc., for Wetlands violations in Brimfield. MassDEP investigated following a complaint and found that Quaboag had removed 478 square feet of vegetation and filled with gravel area within the riverfront area to Bottle Brook, a perennial stream. MassDEP in addition observed that pumps had been installed with the capability of withdrawing water from the brook to irrigate plants at the nursery area of Quaboag Valley Landscape, Inc. Today's Order requires that Quaboag submit a restoration plan, and fully restore the altered riverfront area by 9/15/10. Today's Order also requires that Quaboag submit a Notice of Intent and receive a valid Order of Conditions from the Town of Brimfield Conservation Commission prior to operation of the pumps for irrigation after 9/1/10. MassDEP has agreed to suspend $1,500 of the Penalty provided all terms of the Order are met.

7/30/10: MassDEP entered into a Consent Order with a $7,000 Penalty involving Thomas and Maureen Steiner for Wetlands violations in Egremont. MassDEP found the Steiners responsible for the clearing, grading, and ditching of wetland areas by their caretaker. MassDEP investigation involved analysis of color ortho-photo aerial maps taken in the years 1999, 2001, and 2005 respectively indicated that 34,551 square feet of bordering vegetated wetlands (BVW) was altered by land clearing activities. MassDEP had previously issued a Unilateral Administrative Order, requiring that the Steiners cease from undertaking activity within the BVW at the site. Today's Order requires the Steiners to submit a restoration plan and fully restore the altered BVW areas by 10/15/10.

7/30/10: MassDEP entered into a Consent Order with a $12,075 Penalty involving P.A. Landers, Inc, for Waste Site Cleanup violations at 226 Cherry Street in Plymouth. The company failed to notify MassDEP of a release of home-heating oil greater than the reportable quantity. On 10/9/09, an estimated 2,300 gallons of oil was released into an aboveground storage tank containment area. P.A. Landers, which was aware of the release, failed to notify MassDEP as required within two hours.

7/30/10: MassDEP entered into a Consent Order with the Massachusetts Department of Conservation and Recreation (DCR) for Waste Site Cleanup violations on Gallops Island in Boston Harbor. ent of Conservation and Recreation (Respondent) for Massachusetts Contingency Plan ("MCP") violations at Gallops Island, Boston Harbor. The cleanup of contamination at a DCR-owned Gallops Island site was agreed to, and will be regulated by MassDEP. DCR, however, has failed to submit a phase two (or comprehensive assessment) report and a phase four (or remedy implementation) plan and a final response action outcome. Under the terms of today's Order, the DCR is schedule to meet the Waste Site Cleanup timelines with a new deadline of 2013, by which time the DCR must have met either the requirement of a final outcome or remedy operation status.

7/29/10: MassDEP issued a Consent Order with a $240,000 Penalty involving Irving Oil Terminals Inc. for Air Quality violations in Revere. Irving exceeding its permitted throughput limits of gasoline sold at its Revere terminal, and, in December 2009, notified MassDEP that it had exceeded its throughput limit because of a recording error in reports beginning in August of 2008. Under the terms of today's Order, Irving has agreed to install by 5/1/11, negative pressure vacuum assist technology as part of the vapor collection and recovery systems and a carbon absorption vapor recovery system that can achieve and maintain current Massachusetts BACT emission limit of 2 milligrams per liter of gasoline sold at its Revere terminal. These improvements will greatly reduce VOC emissions in an environmental justice community. Irving is also required to pay an administrative penalty in the amount of $200,000 and perform a Supplemental Environmental Project (SEP) valued at $240,000. The money from the SEP will be used by the city of Revere to make energy efficient improvements to the library and the American Legion Hall. These improvements include the replacement of the existing low-pressure steam boilers in both the library and the American Legion Hall with new high efficiency steam boilers, and installation of insulation on the bare steam piping in the library boiler room in order to improve the efficiency of that heating system. Secondly, the replacement of all existing steam traps at the library, such traps being primarily located on the radiators and installation of new thermostatic radiator valves to provide individual control of each radiator. In addition, a replacement of 101 lighting fixtures currently in the library with new high efficient fixtures and lamps. Also, the replacement of the library's existing manual thermostats with thermostats that will be integrated into the energy management system installed in other municipal buildings in order to allow the city to limit temperature ranges and provide remote scheduling and monitoring. Finally, the installation of software, with a license for up to ten of the library's personal computers, that will allow measurement, management and reduction of the power used by the computers in order to reduce their energy consumption during unoccupied periods.

7/29/10: MassDEP entered into a Consent Order with a $3,405 Penalty involving Gorton's, Inc., for Industrial Wastewater violations at 127 Rogers Street in Gloucester. MassDEP found the violations during an unannounced inspection of this frozen-fish processing facility, consisting of: failure to apply for a sewer-connection permit while discharging greater than 50,000 gallons per day combined sanitary and industrial flow into Gloucester treatment plant. Also, Gorton's did not have an operation and maintenance manual for its on-site pretreatment system, and did not have a revised and modified engineering plan. Gorton's, Inc. has agreed to the Penalty, to apply for a sewer connection permit as required, and to also prepare an O&M manual along with a revised and modified engineering plan stamped and signed by a professional engineer.

7/28/10: MassDEP entered into a Consent Order with a $1,581 Penalty involving the heirs of the Estate of Myra Velozo Sonnenschein for Solid Waste violations at the Somerset Landfill in Somerset. The actions included the excavation into the cover materials of the closed and capped former town of Somerset Landfill located on property owned by heirs. Today's Order requires the heirs to pay the Penalty and to provide access to the town of Somerset for proper repair, monitoring and maintenance of the Landfill.

7/28/10: MassDEP executed a Consent Order with Willow Street Trust to extend deadlines for completion of a cleanup of a release of oil/hazardous material at 26 Willow Street in Fitchburg. The Trust has been unable to meet the regulatory deadlines but has continued to provide notices of delay. Today's Order establishes reasonable compliance deadlines to complete cleanup response actions.

7/28/10: MassDEP issued a Unilateral Order to Richard Fares & Dr. Lahey's, Garden Center and Landscaping Inc. to address Wetlands violations in Pittsfield. MassDEP found that work they had undertaken involved the unauthorized excavation and filling within Sackett Brook. MassDEP received a complaint that included photographs establishing that the owner, (Fares) and operator (Lahey) were operating heavy construction equipment to relocate a section of Sackett Brook, and reconstruct the banks, and work within the riverfront area to the brook. Sackett Brook at the site is a protected cold water fishery supporting brook trout, and is stocked. The construction work was taking place without prior issuance of any authorization from the City of Pittsfield Conservation Commission as is required under the Massachusetts Wetlands Protection Act. Today's Order requires that both Fares and Lahey cease and desist from further activity at the site within Sackett Brook or the riverfront area. MassDEP will continue investigation at the site to determine what additional action, including stabilization/restoration work is needed for the area of Sackett Brook that has been impacted.

7/26/10: MassDEP entered into a Consent Order with G&R Construction for Air Quality (demolition) violations at 215 Sydney Street in Boston. MassDEP performed a routine inspection of a renovation site and found that G&R had been performing demolition/renovation work in the older structure without notifying the Department as required by the regulations. G&R has agreed to pay $500 of the Penalty and MassDEP has agreed to suspend the remaining $500 of the Penalty provided G&R comply with all applicable regulations for a period of one year.

7/26/10: MassDEP executed a Consent Order with a $9,000 Penalty involving Andrej Galika for Wetlands violations at 215 Washington Street in Topsfield. Galika owns this residential property for which the Topsfield conservation commission had issued an enforcement order for alteration of 1,000 square feet of riverfront area, and 2,000 s.f. of bordering vegetated wetland. That order specified actions and deadlines for implementation of an approved wetland resource area restoration plan. The restoration was not performed. The con-com then requested assistance from MassDEP. Under the terms of today's Order, Galika will implement the restoration plan by 10/31/10, and conduct three years of monitoring and reporting that shows the viability of that restoration. MassDEP has agreed to fully suspend the Penalty pending full compliance.

7/26/10: MassDEP entered into a Consent Order with a $5,175 Penalty regarding the town of Lenox and Water Pollution Control violations that resulted during an overflow from the town's Brunell Avenue pump station. Flows from a March 2010 rain and snow-melt exceeded the pump station's capacity resulting in a discharge to the area around the pump station. Lenox has agreed to perform an Inflow and Infiltration study, undertake appropriate action to eliminate extraneous flows, work with its largest customer to reduce peak flows, and, if necessary, redirect flows to avoid future discharges. MassDEP has agreed to suspend the Penalty provided the town is in compliance with all requirements by 12/31/11.

7/26/10: MassDEP entered into a Consent Order with a $1,150 Penalty and  involving Aaron Rudner Realty, Inc. for Surface Water Discharge violations in Shrewsbury. MassDEP found that Aaron Rudner Realty, Inc., of Worcester committed the violations at its commercial property located at 19 Boston Turnpike Road in Shrewsbury. In November 2009, MassDEP observed evidence of an illicit discharge to a municipal storm drain at this property caused by blockage of the sewer line from one of the businesses. Under the terms of today's Order, Aaron Rudner Realty agreed to commence a program of regular inspection and maintenance of the sewer line to prevent future blockages. In addition to the $1,150 Penalty, the company will also conduct a $3,450 Supplemental Environmental Project (SEP). The SEP will provide funding to the Lake Quinsigamond Commission to assist with the cost of a project for treatment of nuisance aquatic vegetation in Lake Quinsigamond and Flint Pond. This investigation will result in a reduction of pollutants entering the Tilly Brook, Lake Quinsigamond watershed.

7/26/10: MassDEP executed a Consent Order with a $450 Penalty involving Golden Ones, LLC, for Water Supply violations in Plainville. The company owns and operates an unregistered public water system (Park Terrace Swim Club), located at 5 Berry Street in Plainville. Under the terms of today's Order, Golden Ones, LLC, which qualifies as a small business, agrees to register Park Terrace Swim Club as a public water system and take corrective actions in order to comply with Massachusetts Drinking Water Regulations.

7/23/10: MassDEP executed a Consent Order with a $25,000 Penalty involving Massachusetts Bay Transportation Authority (MBTA) for Waste Site Cleanup violations at its property at 21 Winter Street in Cambridge. The MBTA has failed to conduct all the required cleanup actions following three separate petroleum (gas and oil) releases at 21 Water Street in Cambridge. As owner of a bus maintenance yard on this property, the MBTA reported to MassDEP soon after it identified certain releases of oil or hazardous material on July 2, 1999, August 18, 2006 and November 24, 2008. The MBTA then failed to meet deadlines for assessment and cleanup of these releases, or spills, and has now agreed to pay $5,000 of the Penalty, while MassDEP has agreed to suspend $20,000 provided the strict deadlines over the next 16 months are met.

7/23/10: MassDEP entered into a Consent Order with a $18,050 Penalty involving Joseph Tarasuik for Waste Site Cleanup violations at 95 Cottage Street in Lynn. MassDEP responded to a complaint of improper asbestos removal at 95 Cottage Street in Lynn. During the inspection MassDEP determined that Tarasuik removed asbestos containing insulation from the heating system at the foregoing address without notifying MassDEP and without having followed the proper work practices. Under the small business policy, Tarasuik will pay $3,000 and the remaining $15,050 will be suspended pending continued compliance with the regulations for a period of one year.

7/22/10: MassDEP entered into a Consent Order with Weiss Farm Inc., for Wetlands and Solid Waste violations at 170 Franklin Street in Stoneham. The violations at this composting and landscaping products business occurred in August 2006. MassDEP required the company implement an Environmental Management Plan including, in part, making improvements that will reduce sedimentation to wetlands and conducting operations using good management practices. These reasonable efforts will prevent excessive odors, windblown product and water quality impacts. Weiss held a valid agricultural composting registration with Massachusetts Department of Agricultural Resources (DAR), but in March of 2009, MassDEP found that Weiss was in violation because of its continued sedimentation to wetlands and issued a demand for payment of the entire suspended penalty. In response to complaints in June of 2009, MassDEP found on three occasions that leaf and yard waste was not being managed on the site using best management practices resulting in odors emanating from the facility. In April 2010, DAR revoked the composting registration because of the violations and MassDEP's enforcement action. Today's Order requires implementation of a comprehensive temporary erosion and sedimentation control plan, upgrade of all stormwater management, adherence to an Operation and Maintenance Plan, annual reporting, and, submittal of an application for Determination of Need for Site Assignment for the facility's compost operation. There are also stipulated penalties for failure to meet provisions of today's Order.

7/21/10: MassDEP was notified by the Attorney General of Massachusetts of an indictment in the case of the Commonwealth v. Loud Fuel. The company and its representative Kabraul Tasha are alleged to have failed to report a spill of gasoline. The facts, as uncovered and developed by MassDEP, which worked closely with local police and fire, revealed that Tasha failed to properly connect the gas line from his truck to fill-in ports at a gas station. Surveillance cameras from an adjacent building caught the incident on film. During the course of filling that port, approximately 50 gallons of gasoline spilled onto the ground in the alley where the ports are located. Once he became aware of the release, Tasha made some effort to contain and conceal the spill but never notified MassDEP, as required by law. MassDEP responded to the site after receiving complaints about strong fumes. Defendants, who are to be arraigned, have hired an LSP to remediate the site.

7/21/10: MassDEP was notified that the Attorney General of Massachusetts filed a lawsuit in Suffolk Superior Court against Helen M. McCarthy of Boxford and her son, James F. McCarthy of Laconia, NH. In Comm v. McCarthy, the McCarthy's are alleged to have illegally altered and filled protected wetlands and dumped solid waste throughout a large parcel of land in Saugus. Through this lawsuit, the Commonwealth seeks a permanent injunction requiring the McCarthys to restore and remediate the site. In addition, the lawsuit asks for penalties for violating environmental laws. The case, investigated and developed by MassDEP's Environmental Strike Force showed that defendants operated, and allowed to operate, businesses that buried and dumped solid waste at the site, including demolition debris, roofing materials, scrap metal and crushed trailers. Some of this proscribed activity occurred in wetlands.

7/20/10: MassDEP entered into a a Consent Order with a $16,000 Penalty involving the town of Somerset for Solid Waste violations at the Somerset Landfill. The town failed to perform environmental monitoring of the landfill and failed to maintain the landfill final cover system. Under the terms of today's Order, the town has agreed to fund a $16,000 Supplemental Environmental Project, which is related to the evaluation of potential re-use of the landfill site for energy production.

7/20/10: MassDEP executed a Consent Order with an $8,950 Penalty involving Thomas P. Bartolone, Jr. and Cheryl M. Bartolone for Wetlands violations at 40 Birch Street in Tewksbury. Responding to a complaint from a neighbor about heavy machinery working in a wetland, MassDEP staff investigated and found approximately 600 square feet of Bordering Vegetated Wetland (BVW) and associated buffer zone had recently been disturbed as the result of vegetation removal and grading for yard landscaping. The Bartolones had previously been issued a 'negative' determination of applicability in April 2005 by the Tewksbury conservation commission allowing the construction of a new house in the buffer zone on the property. That order, however, expired in April of 2008 and work recently continued to be performed on landscaping that resulted in the BVW alteration. Today's Order requires restoration of the BVW, stabilization of the buffer zone, and three years of monitoring. The Bartalones have also agreed to pay $750 of the Penalty, while MassDEP has agreed to suspend the remaining $8,250 pending compliance

7/16/10: MassDEP entered into a Consent Order with the Department of Conservation and Recreation for Water Supply violation at the Mount Greylock Reservation in Adams. Today's Order requires the DCR to address compliance with the Groundwater Rule following detections of e coli bacteria and a boil water order prior to closing the facility last winter. Among the requirements are emergency response plan improvements, corrective actions and steps should similar detects occur in testing again

7/16/10: MassDEP issued a Unilateral Order to Bachelor Knolls for Water Supply violations in Granby. This community public water supplier failed to submit its Emergency Response Plan checklist by the deadline. The checklist submittal is necessary to document compliance with the Drinking Water regulatory requirements for all community public water suppliers, which must maintain an emergency plan to address specific risks and threats.

7/16/10: MassDEP issued a Unilateral Order to the Hardwick Vineyard and Winery for Water Supply violations in Hardwick. The Winery, a public water supplier, failed to submit its Emergency Response Plan checklist by the deadline. The checklist submittal is necessary to document compliance with the drinking water regulatory requirements for public water suppliers to maintain an emergency plan to address specific risks and threats.

7/15/10: MassDEP issued a Unilateral (boil water) Order to Four Mile Village for Water Supply violations in Boxford. Four Mile Village located in Boxford detected positive water samples showing e coli in one of their two wells. The water supplier does not have adequate treatment for viruses (does not have four-log viral treatment). [The boil order was lifted on 7/17/2010, based on the results of additional sampling.]

7/14/10: MassDEP executed a Consent Order with a $6,800 Penalty involving Robert Burk for Wetlands violations at 2 Parkhurst Street in Quincy. MassDEP had previously issued a cease-and-desist Order regarding this case. The violations included continuing work on the construction of a single family house, driveway, retaining walls/grading, stormwater management system and utilities on a coastal bank and within the resource area of land subject to coastal storm flowage (LSCSF) after the expiration date of a permit (superseding order of conditions) governing the project. Violations also include inadequate erosion /sedimentation controls, equipment storage within resource areas and unauthorized filling of LSCSF. Today's Order requires the implementation of MassDEP approved plan to restore LSCSF and to stabilize the site by completing all site work in full compliance with the plan and specifications of the expired permit. Burk has agreed to pay $2,000 of the Penalty with the remaining $4,800 suspended pending full compliance.

7/14/10: MassDEP issued a Unilateral Order to Wannacomet Water Company for a Water Supply Emergency in Nantucket. The public water supplier received this Order based on the inability of the water system to maintain the necessary and adequate level in its storage tank. This shortage was due to severe dry weather conditions and in spite of mandatory water use restrictions. Today's Order allows the use of a newly installed supply well, which had not yet received final source approval. This well will increase the system's ability to provide for adequate fire protection and to allow redundancy for existing sources which are currently pumping continuously to meet demand. It is anticipated that the well and a newly constructed storage tank will be approved prior to 12/31/10.

7/13/10: MassDEP entered into a Consent Order with a $16,050 Penalty involving Chad Smith d/b/a The Allison Company, for Air Quality (Asbestos) violations at 53-61 Monument Avenue in Boston (Charlestown). MassDEP attempted to conduct an inspection of the Allison Company relative to asbestos abatement work for which Allison had filed an asbestos notification form. The address given on the notification was 55 Bunker Hill Ave in Boston. MassDEP personnel determined that Allison was not working at 55 Bunker Hill Avenue in Charlestown and subsequently determined that Allison was performing asbestos abatement work at 53-61 Monument Avenue in Charlestown. MassDEP personnel inspected the abatement operations at 53-61 Monument Ave in Charlestown. During the inspection MassDEP personnel determined that Allison had not filed a notification for asbestos abatement on Monument Avenue and further that the asbestos work practices were in violation. As a result of the violations observed by MassDEP, Allison will pay $6,000 and $10,050 will remain suspended for the period of 18 months. The small business policy was utilized in reaching this settlement.

7/9/10: MassDEP executed a Consent Order with a $3,700 Penalty involving Paul and Gasperina Enos for Air Quality and Solid Waste violations at 0 Central Street in Holliston. As owners of the property at 0 Central Street, The Enos were in violation of air quality and solid waste regulations resulting from an illegal compost facility being operated at the property. MassDEP inspected the property in December of 2008 and determined that an unregistered commercial compost facility was being operated on the property causing offensive odors at abutting residential properties. The Enos have agreed to the Penalty and to cease and refrain from accepting leaves and yard waste at the property until a compost registration has been completed with MassDEP.

7/9/10: MassDEP entered into a Consent Order with Zoar Outdoor Adventure Resort Inc., for Water Supply violations in Charlemont. MassDEP concluded the Order, which requires Zoar to undego the siting of a new source to serve its facility in Charlemont following the failure of its current sources to meet the demand. Zoar is currently operating under a Declaration of Water Emergency.

7/9/10: MassDEP entered into a Consent Order with the Southbridge Church of Christ, Inc., for Waste Site Cleanup violations at 6 DuPaul Street in Southbridge. The violations by the Church centered on the activity and use limitation (AUL) applicable at this site. On 3/28/07 MassDEP conducted an audit inspection at which time it identified violations of the requirements applicable to the AUL. MassDEP also identified broken pavement in an area that was required to be intact and maintained to prevent exposure to oil-contaminated soil, in violation of the conditions of the AUL. MassDEP has issued a notice of audit findings/notice of noncompliance that established a sixty day deadline for the correction of the violations. However, MassDEP did not receive the post-audit completion statement that was required within sixty days of 9/20/08. The violator has since provided evidence that repairs to the pavement have been completed and the appropriate documents have subsequently been filed with the Massachusetts Registry of Deeds. Under the terms of today's Order, the Southbridge Church of Christ has agreed to comply with all terms of the AUL. Today's Order also contains stipulated penalty provisions should there be any future noncompliance with the terms of the Order.

7/6/10: MassDEP has entered into a Consent Order with a $7,000 Penalty involving the Westfield Ready-Mix, Inc., for Air Quality, Hazardous Waste and Groundwater Discharge violations at its Paper Mill Road in Westfield. In October of 2009, the company reported to MassDEP that it had identified several noncompliance issues at its facility after it had undertaken a self-audit program. Among the violations included not having an air quality permit to operate, not notifying MassDEP of its hazardous waste generator status. Afterwards, MassDEP inspected the facility and determined that the facility was discharging cement and truck wash water to the ground in violation of groundwater discharge violations. The company did fully cooperate with MassDEP and initiated corrective actions immediately after MassDEP's inspection. The company has agreed to pay $5,000 of the Penalty with the remaining $2,000 suspended provided the company complies with all terms of the Order.

7/6/10: MassDEP entered into a Consent Order with a $10,575 Penalty involving Stoughton Recycling Technologies for Solid Waste violations at its facility in Stoughton. In violation of solid waste regulations, Stoughton Recycling Technologies failed to comply with the conditions of MassDEP's approved landfill closure plans for the Stoughton landfill regarding the acceptance and placement of grading and shaping material. In addition to the Penalty, today's Order require increased monitoring of landfill gas, and future compliance with the permit conditions during final grading and shaping of the landfill in preparation for final closure.

7/6/10: MassDEP entered into a Consent Order with a $45,980 Penalty regarding Parker-Hannifin Corporation for Air Quality, Hazardous Waste and Industrial Waste violations at its facilities on Dragon Court and Commonwealth Avenue in Woburn. MassDEP inspected Parker-Hannifin Corporation on 2/9/10 and 2/16/10 and found violations at the Chomerics Division at 70, 74, 77 and 84 Dragon Court and 8 Commonwealth Avenue in Woburn. Some of the violations discovered involved hazardous waste including generating more waste than for which it had registered, improperly-labeling hazardous waste containers, excessive amounts of hazardous waste at a generation point, and lack of spill-control equipment at the central accumulation area. Additional violations discovered included operating a source of volatile organic compounds and particulate matter, without a plan approval as required from MassDEP as well as insufficient exhaust stack design on its emergency engine. The industrial wastewater violation discovered involved a 3,000-gallon aboveground storage tank (AST) used for the collection of industrial wastewater. This AST was installed and operated without first certifying as required. In addition to correcting all the violations, Parker-Hannifin has agreed to pay $38,220 of the Penalty with the additional $7,760 suspended for one year if the company remains in compliance. Parker-Hannifin will also pay $1,582.00 in back air quality compliance fees.

7/6/10: MassDEP has entered into a Consent Order with a $12,000 Penalty involving Barbara Widmann for Air Quality (Asbestos) violations on Goodrich Street in Pittsfield. Widmann co-owned this property on Goodrich Street in Pittsfield. On 6/17/08, MassDEP received a complaint from an inspector of the Massachusetts Division of Occupational Safety stating that improper handling of asbestos siding material had been observed during an inspection of the site. On 6/23/08, MassDEP inspected the site and observed broken pieces of transite (asbestos) siding on land around the dumpster and at other areas around the site. After demonstrating a financial inability to pay, MassDEP has agreed to suspend the entire Penalty provided Widmann remains in compliance with the asbestos regulations for one year.

7/2/10: MassDEP was notified by the Attorney General of Massachusetts the results in the case of the Commonwealth v. Kevin Hoag, president of ComTank. Hoag pled guilty to two counts of attempted larceny by false pretenses and was sentenced to three years of probation, conditions including 360 hours of community service, and the payment of $60,000 in restitution. MassDEP investigated the case initially and found that the defendant was providing consumers with preliminary cost estimates and then completed additional unnecessary work that was misrepresented to clients as necessary, and that resulted in final costs that were thousands of dollars over the initial estimates. The company, Commonwealth Tank, Inc., which had been previously charged, was put on pretrial probation and will be held to the same conditions as Hoag, which include a requirement that the company not be able to charge for work that is performed unless the customer has first signed a written estimate covering the work, will not conduct soil excavation without first receiving the results of soil testing by trained employees, and will advise customers of the need to retain a licensed site professional when more complex environmental conditions are discovered. The company has also agreed to submit certain disputed customer claims to resolution through an agreed-upon mediation process

7/2/10: MassDEP entered into a Consent Order with a $33,860 Penalty involving K & R Realty Trust, and its trustees, Clark Kendall and Susan Kendall, for Waste Site Cleanup violations at 263-270 Trapelo Road in Belmont. Today's Order includes timelines for the submittal of tier two (cleanup permit) extension, and includes timelines for submittal of a phase two (or comprehensive site assessment) report, a phase three (or remedial action), a phase four (or remedy implementation) plan, and a final response action outcome statement. K & R has agreed to pay $5,000 of the Penalty, with the remaining $28,860 suspended pending compliance. The $28,860 suspended penalty will come due if K & R Realty Trust fails to comply with the deadlines established. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from the removal of underground storage tanks.

7/1/10: MassDEP executed a Consent Order with a $3,500 Penalty involving Shetland Properties for Waste Site Cleanup violations at 45 Congress Street in Salem. Shetland Properties is the owner of the commercial property where it failed to meet cleanup deadlines set out in a prior Order with MassDEP Today's Order requires Shetland to submit a Release Abatement Measure status, or completion, report by 5/30/10. Thereafter, Shetland will submit a phase two and three assessment report, (or alternately a final response action outcome statement by 3/30/11). A phase four report by 9/30/11, and the final response action outcome statement is due no later than 7/30/12. Today's Order contains a stipulated penalty provision for any missed deadlines.

7/1/10: MassDEP entered into a Consent Order with a $22,000 Penalty involving 194 Turnpike LLC for Waste Site Cleanup violations at 194 Turnpike in Peabody. The owner of this property exceeded the approved amount of soil to be excavated and failed to submit a release abatement measure (RAM) plan as required for the construction of a building in a contaminated area and failure to submit a modified RAM Plan in response to a change in site conditions. In addition to the Penalty the company will fully comply with all regulations going forward.

7/1/10: MassDEP executed an Amended Consent Order with Kenneth J. Carroll, Jr. for Waste Site Cleanup violations at 77 MacDonald Road in Wilmington. The amended order extends the timeline for submittal of a phase two (or comprehensive site assessment) report, and, if needed, phase three (or remedial action) plan. The extension is needed in order to complete the project.

7/1/10: MassDEP executed a Consent Order with a $13,220 Penalty involving Truck Equipment/Boston, Inc., for Waste Site Cleanup violations at its property on 300 North Street in Boston (Brighton). Truck Equipment/Boston, Inc., is the owner and/or operator of the property where the company has failed to meet the requirement to define the extent of contamination in the phase two assessment report. Today's Order requires termination of the current Remedy Operation and the filing of an immediate response action status report by 7/19/10. Also, the company will submit a revised phase two assessment report by 4/17/11; and thereafter, if applicable, a modified phase three report by 9/15/11, and phase four remedy implementation report by 12/30/11 with a final response action outcome statement by 6/30/12. The company has agreed to pay $4,500 of the Penalty and MassDEP has agreed to suspend $8,720 pending compliance. There is a stipulated penalty provision for any missed deadlines.

7/1/10: MassDEP entered into a Consent Order with a $32,200 Penalty involving Randalls on the River Realty Trust for Waste Site Cleanup violations at its property at 72 Coffin Avenue in Haverhill. Randall L. Bennett, as trustee for the Trust, has agreed to timelines that will bring cleanup actions back into compliance with state regulations. Among the actions due are the submittal of a phase four remedy implementation plan and a final response action outcome. Randalls on the River Realty Trust has agreed to pay $10,000 of the Penalty, with the remaining $22,000 suspended, which will come due if the Trust fails to comply with the response action deadlines established.. This enforcement action will lead to the cleanup of oil contaminated groundwater and soil emanating from construction and maintenance equipment.

June 2010

6/30/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Nanatomqua Cooperative Corporation for Water Pollution Control (septic system) violations at 3 Nanatomqua Drive in Brookfield. The Corporation owns a mobile home park and operates a large Title 5 (septic system) located within a nitrogen sensitive area of an interim wellhead protection area of a public water supply. Under the terms of today's Order, the Corporation will submit a remedial solution plan with a proposed schedule to bring its wastewater disposal system into compliance. To do so the Corporation will either relocate its water supply well to ensure that the on-site disposal system is outside the protection area, or obtain a groundwater discharge treatment approval. MassDEP has agreed to fully suspend the Penalty pending compliance with the requirements of today's Order. When completed, the actions will result in the proper treatment and disposal of 12,750 gallons of sanitary wastewater per day.

6/30/10: MassDEP entered into a Consent Order with MS Rialto - LLC - Hingham Shipyard for Waste Site Cleanup violations at 349 Lincoln Street in Hingham. Today's Order was issued for two sites located on adjacent parcels at the above address. A Notice of Noncompliance was issued for each site for failure to delineate the nature and extent of contamination and failure to conduct an adequate risk assessment. Today's Order establishes a deadline for submittal of a single final response action outcome for both sites, or separate reports for each site. These sites are being developed with the intent of constructing residential condominiums and commercial businesses.

6/29/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving the Massachusetts Department of Developmental Services (DDS) for Water Pollution Control violations in Templeton. DDS has agreed to upgrade the wastewater treatment processes at its Templeton Developmental Center. Under the terms of the Order, the facility will achieve compliance with the total phosphorus effluent limit (0.2 mg/l as specified in its permit. Today's Order provides a schedule for the submission of design plans (with a construction schedule for the chosen solution) and requires quarterly progress reports. MassDEP has agreed to fully suspend the Penalty provided DDS remains in compliance with the terms of today's Order, which when met will result in the proper treatment of 50,000 gallons of wastewater per day that are discharged to Beaver Brook.

6/29/10: MassDEP entered into a Consent Order with the ExxonMobil/Lee for Waste Site Cleanup violations. In 1989, the Department was notified of a gasoline release after three feet of non-aqueous phase liquid (NAPL) was observed in monitoring wells at the site. In August 1997, the responsible party (Mobil Oil) submitted a tier two classification (cleanup permit) extension, which was granted. In 2010, after a period of remedy operation status (ROS), that status was terminated. MassDEP refused to grant a tier two extension request due to multiple previous extensions. MassDEP has now entered into a Consent Order to address the outstanding violation of failing to submit a final response action outcome within five years of its tier classification as required. Today's Order requires certain response actions taken this year leading to a final response action outcome by no later than 3/6/11. There are stipulated penalties of $1,000 per day if ExxonMobil fails to complete cleanup of the site.

6/28/10: MassDEP was notified of a Final Judgment approving a Settlement Agreement in Suffolk Superior Court involving ExxonMobil Gasoline Terminals in Everett and Springfield. Under the terms of the Agreement, ExxonMobil will greatly reduce gasoline vapor emissions at its bulk gasoline terminals in Everett and Springfield and pay a civil penalty of $2.9 million, and pay $200,000 as a Supplemental Environmental Project (SEP) to the Chelsea Collaborative to help fund the replacement of stationary diesel refrigeration units at the New England Produce Center with non-polluting electrically-driven units. It was found that ExxonMobil, without requesting approval from the MassDEP, modified the vapor collection and recovery system used to control emissions of volatile organic compounds (VOCs) at its Everett terminal. These un-approved changes also included removal of certain required emissions controls. ExxonMobil also failed to properly control VOC emissions from gasoline tank trucks during loading operations and failed to comply with emissions monitoring, repair and reporting requirements at both the Everett and Springfield terminals, increasing VOC emissions at both terminals beyond those allowed under their permits and state law. The settlement agreement requires ExxonMobil to install negative pressure vacuum assist technology as part of the vapor collection and recovery systems at both terminals; replace the existing vapor combustion unit at the Springfield terminal with a carbon absorption vapor recovery system similar to the systems in use at all of the other gasoline terminals in the Commonwealth. These improvements will greatly reduce VOC emissions at the terminals which are both in environmental justice communities. ExxonMobil is also required at both terminals to undertake enhanced vapor and liquid leak inspections using an infra-red optical imaging camera and to use improved control technology when degassing storage tanks.

6/28/10: MassDEP issued a Unilateral Order to Zoar Outdoor Adventure Resort, Inc. relative to the declaration of a state of water supply emergency in Charlemont. The Order allows the use of alternate water, specifically an emergency source, bottled water, and/or bulk water to meet the facility's needs.

6/25/10: MassDEP issued a Unilateral Order to the Massachusetts Department of Corrections (DOC) - Concord for Water Pollution Control violations to the Assabet River in Concord. MassDEP inspected the site following a complaint and found the untreated wastewater discharges from the storm drain system to the Assabet River emanating from the Concord correctional facility. Today's Order requires DOC to determine the source of the wastewater discharge to the storm drain and take corrective actions to cease the discharge.

6/25/10: MassDEP entered a Consent Order with a $30,137 Penalty involving the Massachusetts Water Resources Authority (MWRA) for Surface Water Discharge and Mass Contingency Plan (MCP) violations at the Cottage Farm Combined Sewer Overflow (CSO) Facility at 660 Memorial Drive in Cambridge. MWRA has agreed to address the violations in which a release of approximately 2,500 gallons of diesel fuel occurred on 2/9 and 2/10/10 at the aforementioned facility. After receiving a delivery of fuel, a valve was incorrectly set which caused diesel fuel to be transferred by an automated circulation pump resulting in the overfill of an 8,000 gallon underground storage tank. Records indicate that three separate alarm signals from the fuel storage system were received at the off-site control facility on the evening of 2/9/10. No attempt was made to investigate the alarms by the MWRA. The release of oil flowed from the roof and into the Charles River. The diesel fuel release impacted paved surfaces, soils, underground CSO structures as well as sediments and the surface water of the Charles River. MWRA personnel arriving at the facility shortly after midnight identified the release but did not report it to MassDEP until 3:01 AM. This represented a violation of MCP reporting requirements. By failing to investigate and/or respond to the fuel system alarms as well as failing to otherwise prevent the discharge of diesel fuel to the surface water of the Charles River, MWRA's activity resulted in the discharge of pollutants to surface water without a permit for the discharge. MassDEP has agreed to fully suspend the Penalty, on the condition that the MWRA takes the following actions: reviews and revises oil and hazardous materials release prevention, reviews and revises its response plans and procedures at the Cottage Street CSO and other remotely monitored and/or frequently unattended facilities with significant oil storage capacity. Finally that the MWRA must conduct a Supplemental Environmental Project (SEP) involving funding the construction of a rain garden that will serve to infiltrate storm water run-off from a parking lot at the nearby Morse Elementary School in Cambridge

6/24/10: MassDEP entered into a Consent Order with a $5,750 Penalty regarding Wagon Wheel Cooperative Corporation for Groundwater Discharge violations in Brookfield. MassDEP requires the owners of this mobile home park located off of Rice Corner Road in Brookfield to bring its wastewater infrastructure into compliance with regulations under a schedule including the submission of permit applications to develop an approved groundwater discharge treatment and disposal system. The owners will develop an Interim Operation Plan for the existing on-site disposal systems for MassDEP's review and approval. The interim plan must involve routine inspections and, if needed, upgrades to the on-site disposal systems to ensure proper operation until they can be phased out. MassDEP has agreed to fully suspend the Penalty provided all the terms of the Order are met. As a result, the actions taken will result in the proper treatment of 43,200 gallons per day of wastewater.

6/24/10: MassDEP entered into a Consent Order with Heritage Wharf Company, LLC, for Waste Site Cleanup violations at 218 Elm Street in South Dartmouth. Heritage Wharf Company failed to comply with the deadlines established in a previously issued Notice of Noncompliance. The Department identified violations (Class II) of the requirements applicable to the Activity & Use Limitation (AUL) at this location and instructed the company in a Notice of Audit Findings/Notice of Noncompliance, of a sixty-day deadline to correct the violations. MassDEP then received a request for additional time to perform the necessary tasks. Today's Order allows/establishes deadlines for completing the necessary tasks required to correct the AUL violations.

6/24/10: MassDEP issued a Notice of Noncompliance to 4565 Duda Realty Trust regarding continued Waste Site Cleanup violations at 4565 State Road in Eastham. Last year, on 8/18/09, MassDEP issued a Notice of Noncompliance (NON) for failing to submit a Permit Extension Application, a Phase IV Remedy Implementation Plan, a Response Action Outcome and IRA Status Reports by the required deadlines. Then, earlier this year, on 5/17/10 MassDEP entered into a Consent Order with a $14,000 Penalty with 4565 Duda Realty Trust. The Order specifically required the Trust to pay $14,000 and establishes steps it needed to take along with deadlines to return to compliance.

6/23/10: MassDEP issued a Unilateral Order to KSA/Mass, LLC, relative to state of water supply emergency in Monterey. The Orders allows Kutshers Sports Academy to use a non-conforming source under the conditions that the public water supplier conduct more frequent bacteria monitoring and provide public notice to responsible adults/guardians of the Academy's attendees. MassDEP has already received a new source approval permit application for this facility.

6/23/10: MassDEP issued a Unilateral Order to William Conway for Wetlands violations in Rehoboth. MassDEP found that Conway was clearing trees and filling an undetermined area of Bordering Vegetated Wetland. Conway had received a local order of conditions but during a site visit by MassDEP, the work was found to be in violation because of additional clearing of trees in the buffer zone. Under today's Order Conway is ordered to cease the violations.

6/22/10: MassDEP entered into a Consent Order with a $4,600 Penalty involving the Massachusetts Department of Developmental Services (DDS) for Surface Water Discharge violations in Shrewsbury. In November of 2009, MassDEP personnel conducted an inspection of the Glavin Regional Center and observed an unpermitted discharge of sewage from the facility at 214 Lake Street to a surface water drain that flows to Meadow Brook in Shrewsbury. DDS officials immediately hired a contractor to identify the source of the discharge, and have since identified and corrected the problem. Under the terms of today's Order, DDS has agreed to commence a program of weekly inspections of all storm water basins around the facility and report any problems to both MassDEP and town of Shrewsbury. The settlement also requires the facility to maintain a schedule for annual cleanings of all catch basins at the facility, and to provide annual training for facility housekeeping staff and contract cleaning personnel regarding the proper disposal of wash water and cleaning materials. This investigation will result in reduction of pollutants entering the Quinsigamond watershed.

6/22/10: MassDEP issued a Unilateral Order to A. Louis Rosado for Wetlands violations in Falmouth. MassDEP's Division of Wetlands and Waterways issued the Order to Rosado for the unpermitted installation of a granite stairway down a coastal bank without filing a Notice of Intent or obtaining a permit (order of conditions).

6/22/10: MassDEP Commissioner Laurie Burt adopted the Recommended Final Decision regarding RDA Construction Corporation to resolve Asbestos violations at the former Jimmy's Harborside site on Northern Avenue in Boston. The $44,150 Penalty that was issued to RDA on 1/23/09 for violations of the asbestos regulations at this demolition site was not excessive. RDA had appealed the Penalty on 2/11/09. After a hearing at the Department's Office of Appeals and Dispute Resolution the Presiding Officer upheld the Penalty in the full amount. In addition, the Presiding Officer found that RDA had control of the demolition operation and that RDA's actions were willful and not the result of error.

6/21/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Chester for Water Supply violations, specifically, the Water Department's failure to implement cross-connection requirements to protect the public water system and to address errors in public notification regarding water quality. MassDEP has agreed to fully suspend the Penalty provided Chester complies with the Order and does not further violate the cross-connection provisions during the remainder of 2010.

6/21/10: MassDEP issued a Unilateral Order to the city of Pittsfield for Surface Water Discharge (boiler wash-down waste) violations to the Housatonic River. On 6/18/10, MassDEP staff responded to a notification of the appearance of a green discharge to the Housatonic from an outfall in the vicinity of Deming and East Streets in Pittsfield. The local fire department's hazardous materials team had responded to sample the liquid and determine a potential source but initial sampling was inconclusive as to the nature of the material. With assistance of the local DPW, MassDEP was able to trace the discharge to Pittsfield High School. MassDEP was informed that school maintenance personnel were draining three boilers to a floor drain. Sampling of the river indicated a pH >10 at the discharge. The school estimates that approximately 1,200 gallons were discharged prior to MassDEP's verbal order to cease this discharge. A review of the Material Safety Data Sheet provided by the school for the boiler treatment product indicated that it contained a number of chemicals, including sodium hydroxide and sodium nitrite. Today's Order requires the city to immediately cease and desist from discharging to the sump and storm drainage system boiler water and any other material that would cause a violation of the regulations.

6/21/10: MassDEP was informed of a $35,000 fine in the case of the Commonwealth of Massachusetts v. Thorstensen Laboratory Inc. in Woburn. Michael Carlson, the former owner of the now defunct Thorstensen Laboratory Inc. of Westford pled guilty in Middlesex Superior Court in connection to charges he collected payments from several municipalities for water tests that had either not been conducted or had been conducted at a laboratory not certified to conduct the water tests. In particular, he pled guilty to making false reports to MassDEP (50 counts); larceny under $250 (2 counts); and, larceny over $250 (2 counts). He was sentenced to one year in the House of Corrections (suspended for a probationary period of five years.) Under the terms of the probation conditions, Carlson must also perform 400 hours of community service and would only be permitted to work as a chemist under supervision. In addition to the $35,000 fine, Carlson was also ordered to pay a $15,000 fine to the Northeast Environmental Enforcement Project, an organization dedicated to environmental protection, training and education; and $3,500 in restitution to the affected communities.

6/21/10: MassDEP entered into a Consent Order with a $22,200 Penalty involving Buck Island Village Condominium Trust for Wastewater Treatment violations in Yarmouth. Previously, on 7/17/08, MassDEP entered into a Consent Order regarding a violation at their wastewater treatment facility with actions to be taken to return to compliance and a deadline for performing such actions. However, on 7/17/09 the Trust failed to respond as required. On 1/7/09, MassDEP issued a Notice of Noncompliance (NON) to the Trust describing additional violations at their wastewater treatment facility, specifying the actions to be taken to return to compliance and stating the deadlines for performing such actions. On 7/7/09 the Trust failed to adequately respond to the NON. Today's Order requires the Trust to correct the violations and comply with all applicable laws and regulations and pay $10,000 of the Penalty. Today's Order also establishes deadlines for completing the necessary tasks required to correct the violations.

6/18/10: MassDEP entered into a Consent Order with a $12,500 Penalty regarding the town of Needham for Drinking Water Program violation. The town has failed to test the required number of reduced pressure backflow cross connection preventers in 2008, and for failed to respond to a previously issued Notice of Noncompliance issued by MassDEP on 6/8/09. The town of Needham has had repeated issues of non compliance with the Drinking Water Regulations. MassDEP agreed to suspend $6,500 of the Penalty provided Needham does not violate any provision of this Consent Order, or further violate any of the Drinking Water Regulations.

6/18/10: MassDEP was informed of a $50,000 Penalty in the case of the Commonwealth of Massachusetts v. Robert Greenwood in Boston. This is another in an ongoing series of administrative, civil, and criminal actions against automotive inspectors and stations that issue fraudulent auto emission inspection stickers. The Environmental Strike Force worked with the Registry of Motor Vehicles to investigate this case, which was developed by mining and analyzing Inspection and Maintenance data. The complaint alleged numerous violations of the Mass Clean Air Act and the Consumer Protection Act. In addition to the Penalty, the defendant has lost his license to conduct auto inspections.

6/17/10: MassDEP entered into a Consent Order with a $29,850 Penalty involving Gerald R. Jordan for Wetlands and Waterways violations at Mishaum Point in Dartmouth. Jordan is responsible for the unauthorized construction of a stone revetment (seawall) and expansion of a private pier. Today's Order requires Jordan to remove approximately 100' of stone revetment and restore the coastal bank to its preexisting condition. Prior to the violation, the bank had served as nesting habit for bank swallows. In addition to the Penalty, today's Order also requires Jordan to file "after the fact" permit applications to maintain the footprint of the existing pier.

6/16/10: MassDEP issued a Unilateral Order to Robert Burke for Wetlands violations at 2 Parkhurst Street in Quincy. Burke owns the property where the violations on property included continuing work on the construction of a single family house, driveway, retaining walls/grading, stormwater management system and utilities on Coastal Bank and within the Land Subject to Coastal Storm Flowage (LSCSF). The permit (superseding order of conditions) allowing the work had expired on 10/25/09. Violations also observed included inadequate erosion/sedimentation controls, equipment storage within resource areas and unauthorized filling in LSCSF. The document requires that all work cease and desist, equipment removal from jurisdictional areas and immediate temporary stabilization. Additional enforcement action is expected.

6/16/10: MassDEP issued Notice of Demand for $5,500 in Suspended Penalties to Gilbert & Son Insulation, Inc. for continued Asbestos violations in Chicopee. Previously, Gilbert & Son Insulation, Inc. entered into a Consent Order with MassDEP on 11/24/09, in which the company agreed to a $10,000 Penalty for violations of the state asbestos handling regulations at a residence in Easthampton. However, MassDEP suspended $5,500 of that Penalty provided the company complied with the state asbestos handling regulations for one year. On 5/4/10, in response to a complaint that Gilbert was mishandling asbestos transite siding, MassDEP conducted an inspection of a residence located in Chicopee. During that inspection, MassDEP confirmed that Gilbert had again violated the state asbestos handling regulations by failing to institute the appropriate asbestos notification, handling and disposal procedures.

6/16/10: MassDEP issued a Demand for a $3,000 Stipulated Penalty to Peachtree Design Group, Inc. for Wetlands violations on Main Street in Easthampton. The developer of this condominium complex had previously entered into a Consent Order with MassDEP on 2/17/07 for Wetlands violations and agreed to full restoration of impacted Bordering Vegetated Wetland Areas (BVW). That Order included compliance monitoring of the wetland restoration area and reporting as required. Information submitted by Peachtree Design Group on 1/23/09, and 6/11/10, indicated that the required monitoring and reporting of the restoration effort was never undertaken as required. As a result, MassDEP has issued today's Demand to Peachtree for stipulated penalties of $3,000. Additional penalties may issue unless Peachtree fully implement the requirements of the restoration plan in conformance with the terms of the 2007 Order.

6/16/10: MassDEP entered into a Consent Order with a $38,943.75 Penalty involving Boston Medical Center for Solid Waste and Infectious Waste violations in Boston. After receiving a complaint regarding alleged disposal of medical waste in Roxbury, MassDEP's Environmental Strike Force (ESF) reviewed hidden camera video footage from the reported area and observed trash bags falling off a trash truck. Upon further investigation at a nearby waste transfer facility, ESF discovered other bags of medical waste had been disposed of by BMC. The waste transfer facility is not licensed to accept or transport medical waste. ESF staff also learned that BMC typically autoclaves and then shreds the medical waste, but that this disposal procedure had not been used due to malfunctioning of the shredder. In response to ESF's investigation, BMC contracted to properly package and dispose of the unlawfully disposed medical waste. In addition to the Penalty, BMC has agreed to develop a contingency plan if their autoclave/shredder system fails, or if other such lawful means of disposal becomes unavailable. As part of the overall settlement, BMC agrees to comply with applicable MassDEP and DPH regulations pertaining to disposal of biological, infectious, and medical waste, and to copy both DPH and MassDEP on proposed contingency plans related to such wastes. MassDEP has agreed to suspend $12,981.25 pending full compliance with all the terms of the Order. DPH provided valuable technical assistance to MassDEP during the course of this investigation.

6/15/10: MassDEP entered into a Consent Order with Uncle Larry's Tavern for Drinking Water violations in Becket. The Tavern was found to be in violation due to total coliform counts in its public water supply. The owner has agreed to address the violations, which were detected by MassDEP during a sanitary survey.

6/15/10: MassDEP entered into a Consent Order with an $860 Penalty involving Bugaboo Creek Steakhouse for Water Pollution Control violations at 1125 Fall River Avenue in Seekonk. The violations involved the failure of the establishment to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the (Title 5) requirements. Facility had previously received a Notice of Noncompliance for failure to inspect in 2005.

6/15/10: MassDEP entered into a Consent Order with a $4,174 Penalty involving Daniels Recycling Company, Inc. for Solid Waste violations in Orleans. Daniels Recycling Company modified its solid waste handling facility without prior MassDEP approval. In addition to the Penalty, today's Order requires the facility undertake the proper permitting procedure for the modification.

6/14/10: MassDEP executed a Consent Order with a $10,200 Penalty involving Rick Denoncourt Carpentry, Inc. for Asbestos violations in Holyoke. MassDEP determined during a complaint investigation that Rick Denoncourt Carpentry, Inc., a home improvement contractor, violated state asbestos regulations during a residential building renovation located in Holyoke. The complainant had reported that asbestos thermal system insulation removal had been performed without instituting the appropriate asbestos handling and disposal procedures. MassDEP has agreed to suspend $7,200 of the Penalty for one year provided the company remains in compliance with the state asbestos regulations.

6/14/10: MassDEP entered into a Consent Order with a $5,000 Penalty involving Ronald Krutiak for Wetlands violations in Florida. MassDEP found that Krutiak had cut vegetation in the Riverfront Area in violation of the Wetlands Protection Act. Approximately 3,654 square feet of Riverfront Area was impacted by the unpermitted cutting. Upon learning of the violation, Krutiak retained a wetlands consultant, stabilized the site and prepared a restoration plan. In addition to agreeing to implement the restoration plan, Krutiak will pay the entire Penalty.

6/14/10: MassDEP entered into a Consent Order with a $23,287 Penalty involving General Chemical Corporation (GCC) for Groundwater Discharge violations at its Framingham facility. GCC is a licensed commercial hazardous waste storage facility and has agreed to perform remedial work to remedy the unpermitted discharge of contaminated wastewater to the ground and storing hazardous wastewater in an unauthorized tank on its property. During heavy rains in March, 2010, the facility pumped chlorinated solvent-contaminated sump waters from the basement of its warehouse and onto the ground. The facility also had been storing chlorinated solvent-contaminated stormwater in its fire protection water tank without providing secondary containment or properly labeling the tank with its contents and the associated hazards. In addition to paying the Penalty, GCC has agreed to remove the piping through which it discharged wastewater, empty the tank and treat its contents to a non-hazardous level, close other inactive underground tanks, fully assess and manage all contaminated wastewater being stored on site, and evaluate and improve its stormwater collection and control systems.

6/14/10: MassDEP entered into a Consent Order with a $2,500 Penalty involving Twenty Eight Wareham Street Realty Trust for Hazardous Waste Management violations in Middleboro. MassDEP responded to the property regarding a release of oil to the pavement and the ground after a worker transferred oil to a dumpster. MassDEP found the Realty Trust illegally disposed of oil without a license. The Realty Trust has conducted response actions in accordance with the regulations. Today's Order requires the Realty Trust to manage and dispose of oil/hazardous waste in accordance with the regulations.

6/11/10: MassDEP issued a Unilateral Order to S&S Automotive for Waster Site Cleanup violations on Reed Street in Warren. Cynthia Larson, as owner of the former S&S Automotive site, was issued the Order for violations at this former junkyard where numerous vehicles and containers, potentially containing oil and hazardous materials, are located. MassDEP inspected the site after being made aware that scrap metal removal was being performed at the site. MassDEP requested that the parties removing the metal stop activities, advising them that they were working at a listed hazardous waste site. During that evening, a significant thunderstorm occurred, and gasoline-contaminated stormwater migrated off the site and impacted storm drainage and a residence located downgradient of the site on Reed Street. MassDEP later returned to the site, and confirmed the presence of contaminated soil at the location of the scrap metal staging area at the site. Today's Order requires Larson to immediately cease and desist from allowing removal and/or further disturbance of containers, vehicles and scrap metal at the site. Concurrently, MassDEP has been arranging to perform state-funded assessment at the site, which is scheduled to be initiated by 7/1/10.

6/11/10: MassDEP entered into a Consent Order with a $4,960 Penalty involving Cumberland Farms, Inc. for Waste Site Cleanup violations in Attleboro. The company failed to notify MassDEP of a 120-day notification condition for chlorinated solvents in groundwater detected at its site on 220 Pleasant Street. In addition, the applicable groundwater category was not correctly identified for the site and the final response action outcome performance standards were not met. In addition to the Penalty, today's Order establishes deadlines for completing the necessary tasks required to correct the violations.

6/10/10: MassDEP issued a Unilateral Order to the Housatonic Water Works in Great Barrington for Water Supply violations. The public water suppliers has failed to complete and submit its required Emergency response Checklist ensuring this community system is prepare for an emergency in accordance with Massachusetts drinking water regulations. The public water system has already failed to respond to a previous Notice of Noncompliance to submit the required information.

6/10/10: MassDEP issued a Demand for a $2,000 Stipulated Penalty to Covanta/Springfield, LLC for Air Quality violations in Agawam. MassDEP issued today's Demand for violation of the terms of a previously-agreed Consent Order from 9/21/09. The company submitted a report that had inaccurate information relative to the combustion chamber temperatures of two of its municipal waste combustors. The facility had been previously cited for a similar violation, and under the Consent Order, Stipulated Penalties are warranted.

6/10/10: MassDEP entered into a Consent Order with a $1,000 Penalty regarding the Applewood Community Corporation for Drinking Water violations in Boxborough. The owner of Applewood I, II, and III, and the provider of water to the Liberty Village Condominiums located in Boxborough, has agreed t to bring the public water system (PWS) that serves these facilities into compliance with the Massachusetts Drinking Water Regulations. MassDEP found during an inspection that the water supply did not provide the required emergency back-up power, and that it was exceeding its approved water withdrawal rates for the well in use at the site. Through today's Order, the owners have agreed to submit a plan and schedule for improvements. Once these improvements have been approved and implemented, it will bring the system into compliance with the redundancy requirements, accurately denote its Zone I, provide for emergency backup power, and provide other operational improvements. These actions will ensure that the approximately 125 units served will continue to receive water that is safe and fit to drink.

6/10/10: MassDEP entered into a Consent Order with a $14,400 Penalty involving HowesTemco, Inc. for Hazardous Waste and Industrial Wastewater violations in Franklin. The company failed to have a Hazardous Waste Transporters license when it transported waste oil it generated. The company also failed to transfer that waste oil to an authorized facility, and it failed to properly mark and label waste oil accumulation areas and containers. Finally, the company failed to obtain an Industrial Wastewater/Stormwater permit for its discharge of potentially contaminated stormwater that passed through its dumpster. In addition to the Penalty, today's Order requires the company to take appropriate steps to bring the facility into compliance.

6/9/10: MassDEP entered into a Consent Order with an $860 Penalty involving Daniel Webster Trust Limited Partnership/Daniel Webster Inn for Water Pollution Control violations at 149 Main Street in Sandwich. Specifically, the property was in violation of Title 5 of the State Environmental Code, failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. Facility had previously received a Notice of Noncompliance for failure to inspect in 2005. In addition to the Penalty, the owner(s) have agreed to bring the facility into compliance.

6/9/10: MassDEP entered into a Consent Order with an $860 Penalty involving J&B Partnership, LLP/Royal Megansett Nursing Home, for Water Pollution Control violations at 209 County Road in Falmouth. Specifically, the facility was in violation of Title 5 of the State Environmental Code for failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. Facility had previously received a Notice of Noncompliance for failure to inspect in 2005. In addition to the Penalty, the owner(s) have agreed to bring the facility into compliance.

6/9/10: MassDEP entered into a Consent Order with an $860 Penalty involving the Seekonk Square Realty Trust/Old Country Buffet for Water Pollution Control violations at 37 Commerce Way in Seekonk. Specifically, the property was in violation of Title 5 of the Sate Environmental Code for failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. This facility had previously received a Notice of Noncompliance for failure to inspect in 2005. In addition to the Penalty, the owner(s) have agreed to bring the facility into compliance.

6/7/10: MassDEP entered into a Consent Order with a $12,360 Penalty involving the town of Merrimac for Drinking Water violations. Specifically, the town: failed to properly maintain and upgrade the distribution system to provide the minimum required residual distribution pressure of 20 pounds per square inches under all design conditions of flow, as required; and, failed to provide a plan and schedule for rehabilitation of the West Main and Bear Hill water storage tanks by 10/30/09, to comply with the sanitary survey, as required. In addition, the town failed to submit an updated cross connection control program by 11/15/09, to comply with the sanitary survey, as required. Under today's Order the town will pay $2,500 of the Penalty with $9,860 suspended pending compliance

6/7/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Lecrenski Brothers, Inc. for Hazardous Waste and Industrial Wastewater violations in Westfield. MassDEP found that Lecrenski Brothers, Inc. had allowed an unpermitted industrial wastewater discharge from its facility at 14 Delmont Avenue through a storm drain to the Westfield River. In addition, the facility failed to register as hazardous waste generator and had additional housekeeping and labeling violations involving its storage of hazardous waste. Lecrenski Brothers, Inc., which cooperated with MassDEP during the investigation, has already initiated corrective actions to address the noncompliance issues immediately following the inspection. As part of the settlement agreement, Lecrenski Brothers, Inc. agreed to participate in the Clean Diesel retrofit program for its 57 school buses. MassDEP agreed to fully-suspend the penalty pending compliance with today's Order.

6/7/10: MassDEP entered into a Consent Order and Settlements with Rideshare Non-Filers: Berkshire Medical Center, Cambridge Hospital, Hanover Insurance Group and University of Massachusetts Medical School. These facilities failed to submit 2009 Rideshare Update reports as required by the Massachusetts Rideshare Regulations. The four facilities agreed to pay administrative penalties of between $500 and $1,000 each, submit their overdue update reports, and develop compliance plans for ensuring that they will meet all Rideshare requirements and reporting deadlines in the future. Under MassDEP's Air Quality Initiative, the Rideshare Regulation requires many businesses and educational institutions to develop plans and set goals for reducing commuter drive-alone trips by 25 percent, and to report periodically on their progress. More information at: www.mass.gov/dep/air/approvals/ridesh02.htm

6/7/10: MassDEP entered into a Consent Order with a $3,500 Penalty for Asbestos violations involving Environmental Compliance Specialists Inc. (ECSI) at 10 Duncan Street in, Haverhill and 61 Clyde Street in Somerville. MassDEP responded to a complaint from the Haverhill Fire Department of improper asbestos handling by ECSI at 10 Duncan Street in Haverhill. During the inspection MassDEP personnel observed loose, dry, friable asbestos containing material at the site in violation of the regulations. MassDEP then inspected an ECSI work site at 61 Clyde Street in Somerville that also involved asbestos removal. During that inspection, MassDEP observed dry and unlabelled asbestos containing waste material in the waste trailer at the site. As a result of violations, ECSI has agreed to pay $3,500 of the Penalty and fully comply with the regulations. If the company maintains compliance for a period of two years, MassDEP will suspend the remaining $2,500 of the Penalty.

6/7/10: MassDEP entered into a Consent Order with an $8,625 Penalty involving Graniteville Woods, LLC for Groundwater Discharge violations on North Main Street in Westford. MassDEP found that Graniteville Woods, LLC had constructed a wastewater treatment works without a required groundwater discharge permit. MassDEP was informed by a third party that construction was underway at this condominium development. A site visit confirmed that construction of a portion of the wastewater treatment works had proceeded prior to issuance of a groundwater discharge permit. Graniteville Woods, LLC has applied for a groundwater discharge permit but the public comment period was still open at the time this violation was discovered. Under today's Order, the company will pay $6,000 of the Penalty and cease any further construction until such time as all applicable permits have been obtained. MassDEP has agreed to suspend $2,625 of the Penalty pending compliance.

6/7/10: MassDEP entered into a Consent Order with the Massachusetts Department of Transportation (DOT) for Stormwater Discharge violations in Bellingham, Lancaster and Milford. DOT has agreed to address regarding stormwater discharges along Route 190 in Lancaster, and along Route 495 in Bellingham and Milford. These discharges were covered under a 5/11/10 court order to submit plans and commence remediation of all three sites. Today's Order authorizes DOT to proceed with the ordered remedial work, and establishes a legally-enforceable schedule under which the work is to be completed. Today's Order contains stipulated penalty provisions for any future noncompliance with the schedule.

6/4/10: MassDEP entered into a Consent Order with Hager's Farm Market Realty, LLC, for Drinking Water violations in Colrain. MassDEP concluded an Administrative Consent Order to address compliance with Massachusetts drinking water regulations while expanding its operations.

6/4/10: MassDEP entered into an Amendment to an existing Consent Order with Kutsher's Sports Academy to address compliance with Water Supply regulations in New Marlboro. Kutshers is taking steps under the original 2008 Consent Order, and today's Amendment regarding the date by which a new source must be on-line for the public water system.

6/4/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving Stolz & Ehre, LLC for Asbestos violations at 121 Portland Street in Boston. MassDEP responded to a complaint (from US EPA) of improper asbestos removal from at this location and determined that Stolz & Ehre, the general contractor at the site was renovating the building without properly having submitted notification. As a result of this violation Stolz & Ehre has agreed to fully comply with all regulations and pay $500 of the Penalty, while MassDEP has agreed to suspend the remaining $500 pending compliance over the next year.

6/4/10: MassDEP issued a $30,100 Penalty Assessment Notice to Exceptional Floor Covering, Inc. for Asbestos violations in Peabody. MassDEP responded to a complaint of improper asbestos removal at an occupied hotel in Peabody. During the inspection MassDEP personnel determined that employees of Exceptional had commenced removal of asbestos containing flooring without notifying MassDEP or without implementing safe work practices required by the regulations. The company has not responded to MassDEP's attempts to discuss and settle the case, resulting in today's Unilateral Action.

6/4/10: MassDEP entered into a Consent Order with Heritage Park Homeowners Cooperative for Water Pollution Control violations in Salisbury. Under the terms of today's Order Heritage Park is required to maintain the septic systems for 63 dwelling and must submit pumping records for a large system on-site which handles flow from 22 homes. Also, by no later than 9/1/12, the Cooperative is required to connect to the Town of Salisbury sewer system.

6/4/10: MassDEP entered into a Consent Order with a $1,440 Penalty involving P.J. Keating Company for Air Quality violations at its South Main Street facility in Acushnet. During a complaint investigation, MassDEP observed particulate-matter emissions from the stationary crushing plant causing a condition of air pollution off the property. In addition to the Penalty, the company has agreed to bring the facility into compliance.

6/4/10: MassDEP issued a Unilateral Order to Ting Lu for Asbestos and Solid Waste violations at 14 Winthrop Street in Taunton. Today's Order requires Lu to cease and desist from any additional asbestos removal and/or handling activities at 14 Winthrop Street in Taunton. Lu contracted for disposal of solid waste at a facility not approved to manage that type of solid waste (asbestos). Ting Lu did not file notification with MassDEP for the removal of asbestos containing material (ACM) and did not properly containerize the asbestos-containing material. The asbestos was left exposed to the ambient air causing a condition of air pollution. Lu is further required to hire a Massachusetts Division of Occupational Safety (DOS) licensed professional to assess and properly abate the remaining asbestos containing material.

6/3/10: MassDEP entered into a Consent Order with Kahgagian Realty LLC for Waste Site Cleanup violations at the former Paramount Cleaners and Dyers at 430 West Street in Brockton. The company failed to submit a revised (final) response action outcome to close out the cleanup of a former dry cleaning site. The original closure documentation was retracted pending the results of a private well survey, and the submittal of a revised phase two (assessment) report. Today's Order establishes timelines for future submittals for compliance with Waste Site Cleanup regulations. A developer is working with the owner for the site to be redeveloped as a retail-drugstore facility.

6/3/10: MassDEP entered into a Consent Order with AVX Corporation in Myrtle Beach South Carolina for Waste Site Cleanup response actions at the former Aerovox Facility located at 740 Belleville Avenue in New Bedford. MassDEP and the Massachusetts Attorney General entered into this Order with AVX Corporation that establishes a schedule for the assessment and remediation of this site in New Bedford. Separately, on the same day, AVX Corporation entered into an Order of Consent with the U.S. EPA related to performing a non-time critical removal action at the same facility. In addition, AVX Corporation and the City of New Bedford entered into a Settlement Agreement related to the long-term maintenance and monitoring of the same facility. Through the implementation of these three separate agreements a 450,000 square foot heavily contaminated building will be removed from the property through a controlled demolition under the direct supervision of EPA. A temporary cap will be installed to prevent direct contact with PCB-contaminated soils while a full site assessment and remediation is conducted under MassDEP Waste Site Cleanup regulations. Clean utility corridors will be installed to facilitate future site redevelopment.

6/1/10: MassDEP entered into a Consent Order with William Gallant for Waste Site Cleanup violations at 0 Farley Street in Lawrence. Gallant, as owner of the property, failed to meet certain deadlines established in a Notice of Noncompliance, issued by MassDEP on 11/18/09. Under today's Order, new deadlines have been established for the submittal of a tier classification permit including phased reports one, two, three and four (from assessment to remedial actions) followed by a final response action outcome. There is also a stipulated penalty provision for any missed deadlines.

6/1/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving Moran Environmental Recovery LLC for Asbestos violations in Marlborough. The company, which is located in Randolph, failed to adequately seal the work area during an asbestos removal project conducted in Marlborough. In October of 2009, MassDEP inspected on-going asbestos abatement work that the company was conducting, and observed several tears in the plastic containment barriers in the work area. Workers were required to stop work and make repairs to the containment before continuing the operation. Under the terms of today's Order, in addition to the Penalty, the company must comply with all applicable regulations in the future.

6/1/10: MassDEP executed a Consent Order with a $6,000 Penalty involving Zee Cleaners and Tailors for Hazardous Waste Management violations in Northborough. MassDEP determined that the company discharged industrial wastewater to its subsurface disposal system without a groundwater discharge permit and that it failed to properly inspect its dry cleaning machine to ensure it was operating properly and not emitting perchloroethylene (a cleaning solvent) to the ambient air. In addition, the company failed to properly store hazardous waste it generated and submitted false or inaccurate data with regard to complying with Environmental Results Program requirements. Under today's Order, MassDEP has agreed to fully suspend the Penalty provided the company remains in compliance with applicable regulations for the next three years. The settlement also reflects the Small Business nature of the company as well as the company's current financial condition. This action helps ensure that this dry cleaner will comply with all applicable regulations in the future.

6/1/10: MassDEP executed a Consent Order with a $4,500 Penalty involving Julianna Tache as Trustee of J. G. & G. Trust for Waste Site Cleanup violations at 8 Pearl Street in Salem. The Trust is the owner and/or operator of the property where violations included failure meet deadlines set out in a previous MassDEP Consent Order dated 10/16/08. Under today's Order the Trust must submit a Release Abatement Measure report by 6/30/10, then, a phase two assessment report by 11/10/10. Further, a phase three is due by 1/10/11, and a phase four by 6/11/10. A final response action outcome statement is due by 1/10/12. There are also stipulated penalty provisions for any missed deadlines.

6/1/10: MassDEP entered into a Consent Order with a $7,187 Penalty with the city of Beverly, for Waste Site Cleanup violations at 100 Sohier Road in Beverly. Specifically, the city, as owner of the property known as Beverly High School, conducted a Release Abatement Measure ("RAM") at this site site without first filing a RAM Plan with MassDEP. The city has agreed to comply with all applicable Waste Site Cleanup regulations going forward and pay $2,500 of the Penalty, with the additional penalty of $4,687 suspended, pending compliance.

6/1/10: MassDEP entered into a Consent Order with a $6,000 Penalty regarding General Chemical Corporation for Hazardous Waste Management violations at 133 Leland Street in Framingham. Specifically, the company's violations involved the hazardous waste management violations observed at this facility, which is a licensed hazardous waste treatment, storage and disposal facility. During a routine multimedia inspection by MassDEP the following violations were found: improper hazardous waste container labeling, containers in poor condition, uncovered open-top totes, palletized and single containers stored on top of a separation berm, poor housekeeping including waste residues on containers and slippery floors, and an unlabeled universal waste container. In addition to the Penalty, the company must correct each of the observed violations.

May 2010

5/27/10: MassDEP executed a Consent Order with a $6,100 Penalty regarding Willard Street Collision & Automotive Center, Inc. for Air Quality, Hazardous Waste and Industrial Wastewater violations at 248 Willard Street in Quincy. The violations, observed during an unannounced inspection, consisted of air quality record keeping violations, improper spray booth stack configuration and failure to train spray paint operators. Hazardous waste violations consisted of failing to register as a generator of hazardous waste and failure to label and properly manage hazardous waste accumulated on site. Industrial waste water violations consisted of improper discharge of vehicle wash water onto the ground. In addition to the Penalty, the owners have agreed to take corrective steps to bring the facility into compliance.

5/27/10: MassDEP entered into a Consent Order with a $3,738 Penalty regarding Rolls Royce Naval Marine, Inc., for Air Quality violations in Walpole. The company operates four cold cleaning degreasers that serve to remove dirt, oil, grease and metal chips from propeller parts. Three of these degreasers were operating with a solvent freeboard ratio less than required. The fourth degreaser consisted of a spray booth for cleaning large units. As designed, this degreaser did not comply with the cold cleaning regulations. The company has since notified MassDEP that it has ceased using volatile organic compound (VOC) based propeller hub spray wash it had conducted and was in violation. The Order also requires the violator to come into compliance with all other free board requirements.

5/27/10: MassDEP entered into a Consent Order with an $8,625 Penalty involving the North Chelmsford Water District for Drinking Water violations in North Chelmsford. The District commenced activities including the contracting of the water treatment plant without prior approval from MassDEP as required by the regulations [310 CMR 22.04(4)(a)]. Under the terms agreed to in today's Order, the District agrees to pay $5,750 of the Penalty and MassDEP agrees to suspend the remaining $2,875 provided the District maintain compliance.

5/25/10: MassDEP executed a Consent Order with a $7,000 Penalty regarding Consolidated Recycling Technologies for Solid Waste and Hazardous Waste Management violations in Bridgewater. The company had Class A Hazardous Waste Recycling permit violations including the improper storage and management of certain hazardous wastes and was taking in solid waste in the form of used wipes, from its clients. In addition to the Penalty, the company has agreed to perform a Supplemental Environmental Project (SEP) valued at $3,500 in which it will develop certain best management processes for the processing and storage of its regulated and unregulated waste streams and recyclables. The company performs recycling services, which include the shredding of used oil filters, cleaning with used parts washer, recapture of the waste oil/parts washer mix, metal and filter element. The company also takes in and processes used, or 'waste', antifreeze which is refurbishes and offers for sale.

5/24/10: MassDEP executed a Consent Order with an $11,485 Penalty regarding the Reading Municipal Light Department (RMLD) for Waste Site Cleanup and Wetlands violations at 45 Causeway Road in Reading. RMLD is the owner of the property where it specifically failed to file the required Release Abatement Measure Plan prior to excavation of PCB-contaminated soil. RMLD further failed to implement health and safety procedures and failed to file a Notice of Intent prior to stockpiling within a wetland buffer zone. Today's Order requires RMLD to submit a status report, or completion report for the site as required by Waste Site Cleanup regulations, and an operations plan that will demonstrate it will improve release detection, prevention and response systems at all RMLD properties including substations. In addition to the Penalty, today's Order contains a provision for stipulated penalties for any missed deadlines.

5/24/10: MassDEP entered into a Consent Order with a $4,760 Penalty regarding Walter J. Glowacki & Sons, Inc. (Nantucket Structures Unlimited) d/b/a Glowacki Construction for Solid Waste and Hazardous Waste Management violations in Nantucket. The companies operate landscaping, salvage and general contracting as well as concrete and asphalt manufacturing at the Nantucket location. On 3/14/09, MassDEP conducted a multi-media inspection at the site and observed violations of the hazardous waste regulations relative to storage and disposal, and a continued violation of the solid waste regulation. In 2005, MassDEP entered into a Consent Order with Glowacki relative to hazardous waste and solid waste violations. Today's Order has an aggressive schedule to comply with the regulations and ensure the proper management of solid waste, and includes a Supplemental Environmental Project (SEP) in which Glowacki will conduct for the Nantucket Department of Public Works (at no charge to the town) street-sweeping services which has a value of $14,280.

5/22/10: MassDEP issued a Boil Water Order to Wheatleigh Inn located in Stockbridge. Today's Order was issued to the Public Water System following a detection of e coli (fecal) in the water system. After the system was disinfected, and sampling results showed that two consecutive clean rounds had been obtained, the Boil Water Order was lifted. However, other requirements will remain in place, including disinfection and public notice regarding groundwater rule and the risk from viruses in the drinking water until corrective actions are completed and further sampling is completed.

5/20/10: MassDEP, the Environmental Strike Force and the Massachusetts Attorney General were notified that Clarke Brothers Oil, a Massachusetts fuel provider doing business at 281 Derby Street in Salem, paid $50,000 in civil penalties to the Commonwealth for illegally removing, transporting, and disposing of waste oil contained in oil tanks removed from various locations in Essex County. In addition Clarke Brothers provided false information to local fire departments in applications to perform oil tank removal work. The complaint filed in Superior Court alleged that Clarke Brothers violated the Commonwealth's hazardous waste and tank removal laws by improperly collecting and transporting waste oil without obtaining the necessary approvals from MassDEP. Clarke Brothers also violated the Commonwealth's environmental laws when it contracted with an unlicensed hazardous waste transporter to dispose of accumulated waste oil, and provided inaccurate information in permit applications required to perform tank removals.

5/19/10: MassDEP concluded an Amendment to an existing Consent Order with the Becket General Store in Becket. This facility, which functions as a Public Water System, is installing a new water supply well and today's Amendment revises the requirements for the installation of the new well that must be installed by December, 2010.
5/14/10: MassDEP issued a Boil Water Order to Patriot Resorts Visitor's Center for Water Supply violations in Lanesborough. MassDEP issued the order after a 5/12/10 detect for e coli (fecal) contamination was found in the drinking water well and recent history of total coliform bacteria. The water from this well serves the Welcome Center in Lanesborough.

5/19/10: MassDEP issued a $137,000 Penalty Assessment Notice to MassInnovation, LLC for alleged Asbestos violations at 250 Merrimac Street in Lawrence. MassInnovation, LLC is the operator of a renovation site located at 250 Merrimac St in Lawrence. During a routine inspection of the site, MassDEP personnel observed demolition/renovation asbestos abatement activities which were not in compliance with the regulations. During two follow up inspections MassDEP personnel observed additional violations of the regulations. Several unsuccessful attempts to arrive at a negotiated settlement with MassInnovation were made by MassDEP personnel. As a result of the noncompliance observed by MassDEP, MassInnovation was issued a Penalty Assessment Notice in the amount of $137,000, which has been appealed.

5/19/10: MassDEP issued a $109,875 Penalty Assessment Notice to Wood Mill, LLC for alleged Asbestos violations at 250 Merrimac Street in Lawrence. Wood Mill, LLC is the owner of a renovation site located at 250 Merrimac St in Lawrence. During a routine inspection of the site MassDEP personnel observed demolition/renovation/asbestos abatement activities which were not in compliance with the regulations. During two follow up inspections, MassDEP observed additional violations of the regulations. Several unsuccessful attempts to arrive at a negotiated settlement with Wood Mill were made by MassDEP personnel. As a result of the noncompliance observed by MassDEP personnel, Wood Mill was issued a Penalty Assessment in the amount of $109,875, which has been appealed.

5/18/10: MassDEP entered into a Consent Order with a $20,050 Penalty involving Environmental Enterprises, Inc. for Asbestos violations at 17 Sherman Street in Cambridge and 139 Washington Street in Brighton. Environmental Enterprises, Inc. is a Massachusetts licensed asbestos abatement contractor. MassDEP personnel responded to a complaint of improper asbestos abatement at this location and determined that Environmental Enterprises had previously performed asbestos abatement at said location. During the inspection MassDEP personnel determined that the prior asbestos abatement was incomplete, and therefore in violation of the regulations. MassDEP personnel also received a complaint of improper asbestos abatement at 139 Washington St. in Brighton, where another Environmental Enterprises asbestos abatement site. During the complaint investigation and a follow-up inspection of the Brighton site, MassDEP personnel observed multiple violations of the asbestos regulations. As a result of the violations observed by MassDEP, Environmental Enterprises will pay $12,000 and $8,050 will be suspended for the period of one year provided the company complies with all applicable regulations.

5/18/10: MassDEP issued a Demand for $1,250 in Stipulated Penalties to Emerson Hospital in Concord. The facility at 133 Old Road in Concord has failed to submit its industrial wastewater permit application within the timelines it agreed to in a Consent Order. The application was received by MassDEP on 2/22/10, a submittal which was eighty-five days late.

5/14/10: MassDEP executed a Consent Order with Thermadyne Holdings Corporation for Waste Site Cleanup violations at 18 Cherry Hill Drive in Danvers. Thermadyne Holdings Corp, as former owner of the property, failed to meet certain deadlines established by MassDEP in a Notice of Noncompliance (NON) issued on 2/19/09. Today's Order establishes deadlines for the submittal of a revised phase two and three report, a phase four report, status reports and a response action outcome, or final submittal. Today's Order contains a stipulated penalty provision for any missed deadlines.

5/14/10: MassDEP executed a Consent Order with William Lee as trustee of 146 1/2 Maple Street Realty Trust for Waste Site Cleanup violations at this location in Danvers. As owner and/or operator of the property, the Trust failed to meet deadlines established by MassDEP in a Notice of Noncompliance (NON) issued on 3/5/10. Today's Order requires a phase one (assessment) report and tier classification (numerical ranking) submittal, or a (final) response action outcome statement by 10/1/10. Today's Order contains a stipulated penalty provision for any missed deadlines.

5/14/10: MassDEP issued a Unilateral Order to Lynch's Laundromat and Car Wash for Ground Water Discharge violations in Hanson. As a result of a ground water discharge permit renewal review, an inspection of the treatment plant was conducted by MassDEP on 5/13/10. The facility was found to be in violation of the regulations by discharging industrial wastewater directly to the ground surface from a manhole in back of the facility rather than going through the treatment process. Lynch's ground water discharge permit requires treatment and discharge through a subsurface absorption system. Today's Order requires Lynch's to cease all unpermitted discharges of pollutants to the ground surface. Additional enforcement investigation of this facility will be conducted by MassDEP's regional office in Lakeville.

5/12/10: MassDEP issued a $31,720 Penalty Assessment Notice to Roger Brayton for Waste Site Cleanup violations at 173 Popes Island in New Bedford. Brayton is the owner of a fishing vessel that was on land being repaired on May 10, 2007. During the repair, the ship caught fire and its fuel tanks released oil to the environment. Brayton failed to conduct response actions as required under the regulations to address this release. On December 17, 2009, MassDEP had issued Brayton a Notice of Noncompliance (NON). Brayton did not comply with that NON. Today's Penalty and Order requires Brayton to initiate response actions and the Penalty references the respondent's failure to respond to MassDEP's earlier NON.

5/12/10: MassDEP executed a Consent Order with a $4,600 Penalty involving Mahoney Oil Co., Inc. for Waste Site Cleanup violations at 58 Jefferson Road in Dracut. The company, which is based in Lowell, failed to report a sudden release of approximately 150 gallons of home-heating fuel oil. This release occurred during a residential fuel delivery in October, 2009. The company was required to report the release to MassDEP as soon as possible, and within two hours of obtaining knowledge that the release occurred [310 CMR 40.0311(3)]. Mahoney agreed to develop and submit an Oil and Hazardous Material release reporting and response plan to MassDEP for review. MassDEP has agreed to suspend the Penalty pending compliance. In addition to the suspended penalty, there is a stipulated penalty provision of an additional $1,000 per day, if it violates any provision of the Order or further violates the same regulation within one year.

5/12/10: MassDEP entered into a Consent Order with a $53,985 Penalty regarding Lahey Clinic Hospital, Inc. for Air Quality, Hazardous Waste and Industrial Wastewater violations at 41 Mall Road in Burlington and One Essex Center Drive in Peabody. MassDEP inspected Lahey Clinic Hospital, Inc. on May 12 & 15 2008 and 12/11/08 and found violations at the hospital facilities in Burlington and Peabody. Of the violations discovered for hazardous waste included: acting, or serving, as a generator of hazardous waste other than for which the facility had registered; improperly disposing of hazardous waste; improperly labeling hazardous waste containers; not storing hazardous waste containers on an impervious surface; not having the required inspection records; not having a contingency plan; and, a lack of hazardous-waste training. Some of the air quality violations discovered included: operating a combustion source without a plan approval from MassDEP; insufficient record-keeping with current plan approvals; and, improper exhaust stack designs on combustion equipment. The industrial wastewater violations discovered included: lack of an operation and maintenance manual and staffing plan for the wastewater treatment systems. In addition to correcting all violations, today's Order requires Lahey to pay past-due compliance fees. Lahey is also required to submit a limited plan application (LPA) and pay two times the applicable application fee.

5/11/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving Beantown Sports Inc., for Environmental Results Program violations at 45 Walter Street in Boston. The company operates a screen-printing facility and has failed to respond to a Notice of Noncompliance issued by MassDEP in October 2007. Under the terms of today's Order, in addition to the Penalty, Beantown Sports has agreed to submit annual Environmental Results Program Certification to MassDEP and pay previous unpaid annual compliance fees.

5/10/10: MassDEP executed a Consent Order with a $2,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at 79 Highland Avenue for Somerville. The city is the owner of the property at 79 Highland Avenue where it failed to meet deadlines established in MassDEP's Notice of Noncompliance (NON) dated 5/29/09. Today's Order requires either a phase one report and a tier classification submittal (numerical ranking) or a final response action outcome statement by 11/30/10. There is also a stipulated penalty provision for any missed deadlines.

5/10/10: MassDEP entered into a Consent Order with a $12,000 Penalty involving Manchester Essex Regional School District for Wetlands violations at the Manchester-Essex Regional High-Middle School on Lincoln Street in Manchester. The violations resulted from erosion and siltation to an intermittent stream and Saw Mill Brook from ongoing construction on the property after expiration of the order of conditions (permit) governing the project. This violator had also been subject to a previous Order and two previous cease-and-desist Orders involving similar violations on the site. While conduction remaining activity, the District agrees to adhere to strict erosion and sedimentation control provisions, implement a revised stabilization plan, and, hire an independent Environmental Monitor to oversee the site and perform frequent monitoring and reporting.

5/10/10: MassDEP entered into a Consent Order with a $3,450 Penalty involving Sullivan Westfield Properties Group, LLC, for Air Quality violations at its facility in Westfield. Sullivan Westfield Properties Group, LLC has agreed to pay the Commonwealth of Massachusetts a penalty of $3,450.00 for violations of Massachusetts's air pollution control regulations. The violations became evident during an inspection of the company's Westfield facility located on South Broad Street. MassDEP's inspection revealed that the facility was operating two boilers without possessing an approved air pollution control plan application; they did not perform the required annual testing of the boilers; and, they had not filed source registrations. The company fully cooperated with MassDEP once these violations were evident and initiated corrective actions immediately. After the inspection the company submitted its plan application, conducted annual efficiency testing and filed its source registrations. MassDEP has agreed to suspend $1,450 of the Penalty provided the company complies with the terms and conditions in today's Order.

5/7/10: MassDEP entered into a Consent Order with a $4,350 Penalty involving South Shore Health and Educational Corporation for Solid Waste violations in Braintree. South Shore Health and Educational Corporation was found to be in noncompliance with Solid Waste regulations after it sent special waste (infectious waste) to a facility (Braintree Transfer Station) that is not permitted to accept that type of waste. In addition to the Penalty, today's Order requires that the respondent submit to MassDEP all documentation of their medical waste policy.

5/4/10: MassDEP issued a Unilateral Order to Joe Machie for Wetlands violations in Freetown. Machie allegedly placed fill in a Bordering Vegetated Wetland at 15 Martin Drive. Today's Order requires the recipient to cease and desist wetlands alterations and install erosion controls to prevent additional damage to the wetlands. Follow-up enforcement proceedings will occur.

5/3/10: MassDEP issued a Consent Order with a $16,000 Penalty to C&A Construction Company, Inc. for Wetlands violations in Chester. MassDEP determined the violations relative to the storage of asphalt, brick and concrete rubble at a location on Skyline Drive in Chester. As part of the settlement C&A has already removed the materials, submitted a wetlands restoration plan, and will pay $6,000 of the Penalty. An additional $10,000 has been suspended pending future compliance.

5/3/10: MassDEP executed a Consent Order with a $6,000 Penalty involving Paul L. Holt for Asbestos violations in Goshen. MassDEP discovered during a complaint investigation of alleged illegal asbestos siding removal activities at a two-family rental building located in Northampton. Holt had been removing asbestos transite-shingle siding and had placed intact and broken shingles into trash bags. Holt then transported the bagged shingles to another property where the material was placed into a dumpster. During these activities, Holt did not employ the proper asbestos-handling and disposal procedures. Under the terms of today's Order, Holt will pay a penalty of $6,000.

5/3/10: MassDEP entered into a Consent Order with a $17,050 Penalty involving Able Restoration, Inc. for Asbestos violations at 38 Cross Street in Lawrence. MassDEP responded to a complaint of improper asbestos handling at 38 Cross Street in Lawrence. During the inspection MassDEP personnel observed employees of Able improperly removing asbestos containing siding. MassDEP continued the investigation and inspection of the interior of the building. During the inspection of the interior of the structure MassDEP observed that Able's employees had improperly handled friable asbestos containing pipe insulation in the basement. Asbestos containing debris from both operations was observed in the roll off container at the site by MassDEP. Able has agreed to pay $12,700 with $4,350 suspended pending compliance for a period of two years.

5/3/10: MassDEP entered into a Consent Order with an $8,625 Penalty involving the town of Amesbury for Stormwater Discharge violations. Today's Order requires the town to identify and eliminate wastewater connections to their stormdrain system, which have been causing violations of water quality standards in the Pow Wow River. The town has agreed to pay $2,000 of the Penalty and MassDEP has agreed to suspend $6,625 of the Penalty conditioned upon satisfactory completion of the work to eliminate the wastewater from the storm drain system.

5/3/10: MassDEP executed Consent Order with $30,000 Penalty involving Ronald J. McNulty Realty, LLC for Waste Site Cleanup violations at 626 Boston Road in Billerica. McNulty Realty, LLC, is the owner and/or operator of the property at 626 Boston Road in Billerica where there has been a failure to meet deadlines set out in a MassDEP Notice of Noncompliance (NON) on 1/16/09 and a previous Consent Order with MassDEP on 3/5/09. Under the terms of today's Order the LLC is required to submit a tier classification (numerical ranking) submittal or a final response action outcome statement by 7/30/10. The LLC will pay $5,000 of the Penalty, and MassDEP has agreed to suspend $25,000 of the Penalty. There is also a stipulated penalty provision for any missed deadlines.

5/2/10: MassDEP executed a Consent Order with a $19,675 involving Forbes Park LLC and Seawall Realty LLC, for Waste Site Cleanup violations at 1Forbes Street in Chelsea. The companies are owners of a site at 1 Forbes Street in Chelsea where the two parties failed to obtain all necessary permits and approvals before undertaking response actions at the site, failed to conduct Release Abatement Measures (RAM) in accordance with approved plans, failed to - timely - request a tier two (permit) extension and submit Immediate Response Action and RAM status reports. In addition, the parties failed to perform a risk characterization that is consistent with acceptable risk assessment practices. Finally, they failed to employ the response action performance standard when conducting response actions. Under the terms of today's Order, Forbes has agreed to submit various reports by deadlines established. In addition to the Penalty, they will also comply with the requirements of two notices of audit findings issued by MassDEP.

April 2010

4/30/10: MassDEP executed a Consent Order with a $3,450 Penalty involving the town of Danvers for improper dredging of the Porter River. This case began when a caller to the Environmental Strike Force (ESF), identified as a person very familiar with the site, observed certain dredging activities from the window of a passenger train. An on-site investigation later revealed that work was done not in compliance with the MassDEP's Water Quality Certification (WQC) issued for this project. Danvers had instead adopted modifications to the approved method of dredging without notifying and seeking approval from MassDEP as required in the WQC. The town will pay $2,156 with the remaining $1,293 suspended based upon continued compliance. In addition to the ESF, the investigation was coordinated with assistance from Massachusetts Coastal Zone Management which provided valuable assistance.

4/30/10: MassDEP was informed of a civil settlement involving two auto emission stations for violations of the Clean Air Act and the Mass. Consumer Protection Act. Robert Boudreau, Hillside Jaguar of Somerville failed to comply with inspection and maintenance requirements for auto emissions. Boudreau and Hillside entered into a civil settlement for violations as uncovered by the team of investigators revealed that over 200 cars had been issued stickers without having been 'scanned' through the proper emission control equipment. This process is known as 'clean scanning.' After submitting 'inability to pay' documents, the Hillside company will pay $63,000 in civil penalties. Boudreau will pay $12,000 for the six clean scans that were attributed personally to him. Both parties have had their inspection license revoked by the RMV.

4/29/10: MassDEP was notified that three companies agreed to $27,000 in Civil Penalties related to Asbestos and Solid Waste violations at a Springfield scrap yard. The three separate companies: GKN Sinter Metals, Inc. (a Michigan company that formerly operated in Worcester); Keeney Rigging and Trucking, Inc. (a Connecticut transport company operating in Springfield); and Joseph Freedman Co. (a Massachusetts corporation operating out of Springfield) were allegedly responsible for the illegal transport, removal, and disposal of asbestos containing industrial ovens, in violation of the state Clean Air Act and Solid Waste Disposal Act. The companies allegedly failed to comply with asbestos regulations regarding notice and handling, and had illegally disposed of the ovens in a Springfield scrap yard. In addition to the Penalty, the companies have agreed to develop and implement policies, including comprehensive training for workers, to avoid future violations.

4/29/10: MassDEP executed a Consent Order with the United States Postal Service for Waste Site Cleanup violations at 135 A Street in South Boston. As owner of the property, the USPS failed to meet the deadline established in a Notice of Noncompliance issued by MassDEP on 1/12/10. Today's Order establishes deadlines for the submittal of a phase two, three and four (assessment, selection and implementation of cleanup plan) followed by a final response action outcome statement. Today's Order contains a stipulated penalty provision for any missed deadlines.

4/29/10: MassDEP executed a Consent Order with a $6,500 Penalty involving TNH Properties, LLC, for Wetlands violations at 23 Noel Street in Amesbury. Responding to a complaint, staff found that a large pile of construction debris, generated by work performed on the commercial/industrial building on the property, was stockpiled within 200 feet of the Pow Wow River altering approximately 1,200 square feet of Riverfront Area (RA). A small portion of the altered RA was isolated vegetated wetland (IVW). There was no authorization for any of these activities. Today's Order requires full restoration of all RA functions (including the IVW), along with long-term monitoring to demonstrate viability. TNH will pay $3,250 of the Penalty with $3,250 suspended if compliance is met as of 10/31/13.

4/28/10: MassDEP executed a Consent Order with Briggsville Water District for Water Supply violations in Clarksburg. Briggsville Water District is a small community public water system which has agreed to address microscopic particulate analysis (MPA) testing and its operation without a master meter due to the configuration of its source and system.

4/28/10: MassDEP entered into a Consent Order with a $1,720 Barn at Turtle Pond, LLC, for Water Supply violations in Palmer. As owner of the Barn Tavern, a transient non-community public water system, the LLC has agreed to address the lack of a certified operator for the system. In addition to agreeing to the Penalty, the Barn at Turtle Pond, LLC has agreed to obtain the appropriate grade operator and complete the necessary documents related to its public water system status.

4/28/10: MassDEP entered into a Consent Order with a $9,703 Penalty involving Atlantic Union College (AUC) for violations following a release of fuel oil at 51 Maple Street in Lancaster on 8/4/08. The release took place at AUC's power house, which generates electricity for the college, after a gasket ruptured on a high-pressure fuel line that feeds into a diesel engine for one of the generators. Approximately 300 gallons of fuel oil released into floor drains located on the concrete floor inside the building. The oil discharged into a storm water system to a nearby stream, impacting approximately 6,300 feet of surface water. An anonymous caller alerted the Lancaster Fire Department which then informed MassDEP of the release condition. MassDEP and EPA responded to the site and confirmed the release and learned that AUC cleaned up a portion of this release inside the building. AUC said it believed the floor drains were previously sealed, and did not assess the drain system for impacts. AUC has since retained the services of a contractor to perform the necessary clean up actions and provide licensed services. Since the release, AUC has removed oil from the stream and corrected the underground drain system. Impacted soil was excavated, and the floor drain system was properly sealed. For failing to notify and failure to perform timely response actions, AUC has agreed to the Penalty and to maintain compliance.

4/28/10: MassDEP entered into a Consent Order with a $6,610 Penalty involving the Kings Campground Realty Trust, and Kings Family Campground for Title 5 (septic system) violations in Sutton. Today's Order establishes a schedule for the owners to bring the wastewater infrastructure at the campground into compliance with the regulations through the submission of a plan to upgrade all on-site sewage disposal systems to Title 5 standards, and to downsize the facility to remain within design-flow requirements. Under the terms of today's Order, the owners will also develop a site plan for the campground, immediately begin a monitoring program for all on-site disposal systems, and begin keeping records of weekly water use. MassDEP agreed to fully suspend the Penalty pending full compliance with the requirements to properly treat wastewater.

4/28/10: MassDEP entered into a Consent Order with a $13,050 Penalty involving Thermo- Fab Corporation for Air Quality and Hazardous Waste Management violations in Shirley. The company's paint spraying operations did not meet appropriate environmental standards. In addition, the company violated numerous hazardous waste and waste oil accumulation/storage requirements such as improper labeling of containers, open containers, no emergency procedures, and no hazardous waste/waste oil signage. Under the terms of today's Order, the company agreed to maintain compliance with applicable regulations, and pay $3,262.50 of the Penalty. The company also agreed to provide through a Supplemental Environmental Project (SEP) the purchase of portable radios and gas detection meters for the Town of Shirley Fire Department. This action helps ensure the Company's paint spray operation meets applicable standards, and that hazardous waste/waste oil accumulation is done in compliance with applicable regulations.

4/27/10: MassDEP entered into a Consent Order with a $6,900 Penalty involving Down Harbor Association for Waterways violation off Katama Road in Edgartown. Down Harbor Association, Inc. undertook an expansion of an existing pier authorized under License #5052 (1966) but the violation involved the installation of two (2) additional floats and two (2) platforms to an existing pier without authorization under Chapter 91, and the regulations. Today's Order includes a Supplemental Environmental Project in the amount of $3,400 which will go to the Martha's Vineyard Shellfish Group, Inc. to construct a platform at the Chappaquiddick Shellfish Hatchery Facility. The proponent also has submitted a pending Waterways application that is currently under review for licensing.

4/23/10: MassDEP entered into a Consent Order with a $1,250 Penalty involving Power Equipment Company, Inc. for Air Quality and Hazardous Waste Management violations in Attleboro. A multi-media inspection by MassDEP revealed the company had not complied with hazardous waste generator and air pollution control record-keeping requirements. Today's Order requires the company to come into compliance with the applicable Hazardous Waste and Air Quality Regulations.

4/22/10: MassDEP entered into a Consent Order with a $15,050 Penalty involving Airsafe Inc., for Asbestos violations at 19 Gordon Street in Needham. Airsafe is a licensed Massachusetts asbestos abatement contractor. MassDEP responded to a complaint and upon inspection of the aforementioned property found that asbestos abatement performed by Airsafe was incomplete. In addition, MassDEP personnel determined that the proper notification was not made by Airsafe. MassDEP required that Airsafe perform additional decontamination of the work area and pay $8,700 of the Penalty with the remaining $6,350 suspended for a period of two years.

4/22/10: MassDEP entered into a Consent Order with a $3,500 Penalty involving the Segregansett Country Club for Wetlands violations in Taunton. MassDEP Wetlands Program found the Segregansett Country Club had undertaken actions resulting in the alteration of bordering vegetated wetlands without a valid order of conditions. In addition to the Penalty, the Club has agreed to remove all fill and fully restore the wetlands.

4/22/10: MassDEP entered into a Consent Order with a $10,630 Penalty involving Health and Education Services, Inc. for Water Pollution Control violations in Topsfield. Paul O'Shea is President of HES, Inc., a private non-profit organization that is the owner and operator of Nike Village, a residential community for the treatment of physically and/or mentally afflicted clients in Topsfield. HES failed to notify MassDEP of sewage system overflows from their on-site sewerage pump station and failed to properly operate a wastewater treatment works (lack of proper alarms; lack of operation and maintenance plans, protocols and procedures; lack of an emergency response plan; and the lack of back-up power or adequate wet-well storage capacity). Today's Order requires a full investigation of the wastewater collection system for defects and sources of infiltration and inflow with corrective actions to follow. Additionally, HES is required to submit for review and approval an O&M plan, prepared by a Massachusetts register Professional Engineer, to address all aspects of properly operating a wastewater treatment works, including establishing a fats, oil & grease program. MassDEP has agreed to fully suspend the Penalty provided there are no violations of the Consent Order.

4/21/10: MassDEP executed a Consent Order with $20,200 Penalty involving Martin Keller for Wetlands violations at 216 Cadman's Neck Road in Westport. The violations involved the unauthorized construction of a vertical faced granite block retaining wall on a coastal bank within a velocity flood zone and riverfront area on the East Branch of the Westport River. Keller altered 162 linear feet of coastal bank without an order of conditions. Today's Order requires Keller to install rip-rap at the toe of the granite block retaining wall to help dissipate wave energy and reduce scour and erosion. If Keller is unable to obtain a final Order of Conditions to approve the project, the structure will be removed and the coastal bank restored. Keller was also assessed a $20,200 civil administrative penalty. The ACOP Today's Order requires that $10,000 of the Penalty is due within thirty days and $10,200 suspended contingent upon Keller's compliance with the terms and conditions of the Order and remain in compliance with the Wetlands Protection Act and Regulations for five years. [The Wetlands Program subsequently issued a Superseding Order of Conditions to Keller approving the installation of rip-rap at the toe of the block wall, planting of indigenous vegetation to stabilize the coastal bank, and the after-the-fact installation of the vertical faced granite block retaining wall.]

4/21/10: MassDEP entered into a Consent Order with a $6,900 Penalty involving Francis Reavey for Waterways Licensing violations at 42 Cayuga Avenue in Mashpee. Reavey failed to obtain a Waterways License for the construction, placement and use of a seasonal dock in Mashpee. Today's Order requires Reavey to obtain a Waterways License and pay $2,070 of the Penalty. The remaining $4,830 will be suspended pending compliance with the terms of today's Order.

4/16/10: MassDEP entered into a Consent Order with Campers Haven RV Resort for Groundwater Discharge violations at 184 Old Wharf Road in Dennis. Campers Haven is a summer recreational vehicle campground with some cottages discharging 31,020 gallons per day. Today's Order was structured to allow the campground to continue operation as the town of Dennis pursues a comprehensive wastewater management plan. During the next five years, the campground will conduct annual inspection of all on-site sewage disposal systems, repair any as necessary and contribute to an escrow account that will either defray the cost of sewer betterment or an on-site wastewater treatment plant permitted in accordance with applicable regulations.

4/16/10: MassDEP entered into a Consent Order with a $38,230 Penalty involving the Aulson Company, Inc., for Hazardous Waste Management violations in Methuen. The Aulson Company, Inc. is a specialty contractor that does asbestos & paint removal; industrial painting & flooring; concrete repair; fire proofing; environmental remediation; and, demolition. A multimedia inspection revealed the company was improperly managing its hazardous waste, including operating as a storage facility of both hazardous waste and waste oil, and improperly transporting hazardous waste back to its place of business without being a licensed treatment storage and disposal facility. The company has agreed to pay $24,000 of the Penalty with the remaining $14,230 suspended if the company returns to and remains in compliance.

4/16/10: MassDEP entered into a Consent Agreement with the city of Easthampton for Surface Water Discharge violations. The city of Easthampton has agreed to provide a schedule for the upgrade of a pump station and the closure of an overflow weir at each of two pump stations. The overflow pipes were discovered by MassDEP during routine inspections of the pump stations and were not discharge points authorized in the city's permit (National Pollutant Discharge Elimination System).

4/16/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving National Abatement, Inc. for Asbestos violations at 11 Belle Isle Avenue in Revere. The company is a Massachusetts Division of Occupational Safety-licensed asbestos abatement contractor. MassDEP responded to a complaint and determined that National had performed an asbestos abatement at the site. National failed to notify MassDEP ten working days prior to this asbestos abatement. National will pay $500 and $500 will remain suspended for a two-year period.

4/16/10: MassDEP executed a Consent Order with a $14,500 Penalty involving Edward J. Paquette, both individually and d/b/a Paquette Builders, Inc., along with Edward M. Paquette, Trustee of the Paquette Realty Trust, for Solid Waste violations. Edward J. Paquette, d/b/a Paquette Builders, Inc., demolished a building located at Wardwell Court in Southbridge, and then transported the debris to a property located on Alpine Drive in Southbridge which was owned by Paquette Realty Trust. An inspection of the Alpine Drive property revealed that the debris had since been removed for disposal and/or recycling; however, other solid waste materials still existed at the property. The Paquettes did not possess either a Site Assignment or a valid permit for the disposal of solid waste materials at the Alpine Drive property. Under the terms of today's Order, the Paquettes will no longer manage solid waste materials at the property, they will have all remaining materials removed from the property, and they will submit disposal records to the Department to demonstrate compliance with today's Order. MassDEP agreed to fully suspend the Penalty provided there are no violations of today's Order for one year. There are stipulated penalties for any future violations.

4/16/10: MassDEP entered into a Consent Order with a $6,500 Penalty regarding Holdgate Partners for Asbestos violations at 72 North Liberty Street in Nantucket. Holdgate Partners did not file notification with MassDEP for the removal of asbestos containing material (ACM) and did not properly containerize the ACM. In addition to the Penalty, today's Order requires the respondent to submit to MassDEP all documentation relevant to the clean up of the asbestos material.

4/15/10: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Dollar Tree Stores, Inc., for Waste Site Cleanup violations at 344 Greenwood Street in Worcester. On 6/1/09, a release of hydraulic oil from a ruptured hydraulic line on a static trash compactor occurred at this location and released oil onto pavement behind the building, impacting approximately 600 feet of pavement as vehicles travelled through the unabated release. An anonymous caller alerted MassDEP of the release during 6/2/09 prompting a response to the scene. In addition, MassDEP learned that a subcontractor for Dollar Tree deployed some absorbents to the pavement and disposed of them in a nearby dumpster. Dollar Tree Stores, Inc. retained Clean Harbors Environmental Services, Inc. to perform the necessary clean up actions. Since the release, Dollar Tree has conducted a thorough assessment of its spill management plan and revised the plan to include a spill hot line, it contracted with a national spill clean up company, and it conducted preventative maintenance on its compactors. Dollar Tree Stores, Inc. however failed to notify, failed to perform timely response actions, and failed to properly dispose of remediation waste.

4/14/10: MassDEP was notified that Barry Krock agreed to pay a total of $54,400 due to Asbestos violations in Worcester. Krock, as agent of Main Street Properties, Inc. in Worcester, will pay $32,000 in Penalties and $22,400 for the cost of prosecution in a civil settlement for arranging the improper removal of Asbestos containing materials from a site in Worcester. The settlement also requires Krock to implement a plan to properly inspect for lead and asbestos at all other properties owned by Main Street Inc.

4/13/10: MassDEP was informed by the Office of the Massachusetts Attorney General that Jayco Brothers of Waltham had been indicted and subsequently arraigned in Middlesex Superior Court on charges that include improper handling of solid waste and false claims for payments to the cities of Cambridge, Lawrence and Chelsea. The Environmental Strike Force (ESF) at MassDEP helped uncover facts alleging that Jayco was hired in 2007 by the city of Cambridge to haul miscellaneous municipal waste generated by the Cambridge Department of Public Works. The contract between the city of Cambridge and Jayco require that Jayco provide weight slips, for the trash they hauled, and disposal slips for payment to the city. The contract also mandated that Jayco take street sweepings to a landfill permitted to accept such waste. The investigation by the ESF and the Cambridge Police Department supports allegations that Jayco illegally disposed of the sweepings instead to its own facility in Waltham and also commingled it with other waste. Jayco is further alleged to have fabricated the weigh slips and invoices from the landfill that, in fact, never received the waste.

4/12/10: MassDEP entered into a Consent Order with a $2,880 Penalty regarding the Stoneham Recycling Center on Stevens Street for Solid Waste violations in Stoneham. During an inspection of the Stevens Street facility and subsequent investigation, MassDEP determined that the town was improperly managing and storing leaf and yard waste material resulting at the time in off-site nuisance conditions. In addition, the site was not employing adequate controls to prevent leaf and yard waste and recycled materials from impacting surrounding wetland. MassDEP agreed to suspend the Penalty contingent upon the town complying with today's Order. Today's Order requires that the town submit an application to MassDEP for approval of a Determination of Need ("DON") for site assignment. That DON shall include a plan that details good management practices for the operation of the facility, proper storage and management of the leaf and yard waste, and practices to prevent the facility's operations from impacting the wetland.

4/9/10: MassDEP executed a Consent Order with Moujaes, Inc., d/b/a I&M Service for Air Quality violations in Lowell. MassDEP found Moujaes had conducted fraudulent vehicle emission inspections in 2009. A licensed inspector for the station admitted to conducting fraudulent inspections. Based upon inability to pay analysis, the penalty was suspended. The inspection station also signed a "Last Chance Agreement" with the Registry of Motor Vehicles (RMV) and agreed to a stayed, thirty day suspension of its inspection license, which, if violated could result in a complete revocation of its license.

4/8/10: MassDEP entered into a Consent Order with a $22,000 Penalty involving Abbot Mill, LLC, for Asbestos and Waste Site Cleanup violations in Westford. MassDEP responded to a call from the Westford Fire Department which stated that oil sheen was observed on Stony Brook in Westford. It was determined by Westford officials that Abbot Mill was the source of the oil spill. Upon arrival at the site, MassDEP observed Abbot Mill employees attempting to clean up the spill. Abbot Mill, however, had failed to notify MassDEP of the oil spill. In addition, MassDEP personnel determined that improper asbestos abatement had taken place at Abbot Mill. Abbot Mill hired contractors to stabilize the oil spill and to properly remove and dispose of asbestos containing material at the site. As a result of the violations and as part of today's Order, Abbot Mill will pay $15,000 with the remaining $7,000 suspended for one year. In addition, Abbot Mill must comply with the all appropriate provisions of the regulations.

4/8/10: MassDEP entered into a Consent Order with a $9,700 Penalty involving Ricardo Santos for Solid Waste and Asbestos violations at 1118 Acushnet Avenue in New Bedford. Santos contracted for disposal of solid waste/asbestos at a facility not approved to manage asbestos. Ricardo Santos did not file notification with MassDEP for the removal of this asbestos-containing material (ACM) and did not properly containerize the ACM. Today's Order requires the respondent to submit to MassDEP all documentation associated with the clean up of the asbestos material and pay $1,000 of the Penalty. In consideration of MassDEP's small business policy, the remaining $8,700 will be suspended pending compliance.

4/7/10: MassDEP entered into a Consent Order with a $32,090 Penalty involving Shepard's Service for Air Quality (vapor recovery) and Hazardous Waste Management violations in Wayland. Shepard's operated and improperly configured its Stage II vapor recovery system; it failed to conduct annual testing of this system for a four-year period; it continued to dispense gasoline after the Stage II vapor recovery system failed testing in 2007; and, incorrectly certified the system as being in compliance. Shepard's will pay $2,331 and MassDEP has agreed to suspend $29,759 of the Penalty pending compliance.

4/2/10: MassDEP issued a Unilateral Order to the Manchester Essex Regional School District for Wetlands violations at the school on Lincoln Street in Manchester. Violations observed on 3/23/10, resulted from activities associated with the ongoing construction of playing fields at the site of a new school on the property consisting of sedimentation to an intermittent stream and Saw Mill Brook. MassDEP previously issued a cease and desist on 5/7/08, for the same violation. Following that, MassDEP entered into a Consent Order with the District in September of 2008 in which the respondent agreed to the restoration of wetland resource areas and implementation of measures to prevent future erosion and sedimentation to wetland resource areas. However, the original project was authorized by an Order of Conditions (OOC) issued by the Manchester Conservation Commission on 2/27/07. That OOC expired on 2/27/10. No extension of the OOC was requested. Therefore, the ongoing observed work was also being performed without a valid OOC. Today's Order requires respondent to immediately cease and desist all activities on the property within Wetlands jurisdiction except those necessary to correct and mitigate the violations as further specified in the document.

4/2/10: MassDEP entered into a Consent Order with $30,000 Penalty regarding Berna Towing and Auto Repair for Waste Site Cleanup violations at 363 Main Street in Holyoke. Bernardino Tosado, d/b/a Berna Towing and Auto Repair failed to undertake and document the completion of response actions and comply with previously sent notices involving the release and cleanup of oil to the soil and storm drain catch-basin at his auto repair shop. Based on a demonstrated financial-ability-to-pay by the owner of this small repair shop which is located in an economically disadvantaged area, MassDEP has agreed to fully suspend payment of the Penalty, provided Tosado complies with the provisions of today's Order. Pursuant to this Order, Tosado has agreed to document the cleanup of his yard and storm drain and submit cleanup documentation, either a Response Action Outcome in support of a finding of no significant risk, or a permit application to continue cleanup actions (tier classification) within six months.

4/2/10: MassDEP issued a Unilateral Order to Daniel MacAuley for Wetlands violations in Halifax. MacAuley is required to install and maintain erosion controls. The owner of a commercial property on Monponsett Pond had brush-cut and cleared an area adjacent to the pond. After vegetation removal, the owner brought in sand to create a beach. According to the Massachusetts Natural Heritage and Endangered Species Program, the uncontrolled erosion caused an adverse impact to rare freshwater mussel habitat.

4/1/10: MassDEP entered into a Consent Order with an $8,127 Penalty regarding Home Market Foods, Inc., for Air Quality and Hazardous Waste Management violations in Norwood. A multi-media inspection confirmed that Home Market Foods, Inc. failed to obtain a plan approval prior to operating its process oven lines. Home Market Foods, Inc. also failed to properly label a container of liquid waste oil, keep a container of waste oil closed and provide all required information on a hazardous waste manifests. Today's Order ensures the company will operate in compliance with all applicable Air Pollution Control requirements and the Hazardous Waste requirements.

4/1/10: MassDEP entered into a Consent Order with a $10,000 Penalty regarding K5 Realty Trust, LLC, for Waste Site Cleanup violations in Marlborough. K5 Realty Trust, LLC, failed to manage soil in compliance with the Activity and Use Limitation (AUL) at this former gas manufacturing facility contaminated with coal tar constituents. The Trust also failed to submit reports within the timeframes allowed by the regulations. In addition to the Penalty, K5 Realty Trust, LLC has agreed to submit a revised AUL along with final cleanup report.

March 2010

3/31/10: MassDEP executed a Consent Order with a $9,000 Penalty involving James D. Chandler Jr. and Sally R. Chandler for Wetlands violations at 417 Main Street in Amesbury. MassDEP inspected the site in response to a complaint and found that the owner had poured a large cement multilevel block structure on the mudflat of a tidally flowed portion of the Merrimack River resulting in 100 square feet of Coastal Beach (Tidal Flat) filling. The work was performed without any authorization in an attempt to support a portion of a stone retaining wall/bulkhead in need of repair. Under today's Order, the Chandlers have agreed to the restoration of the Tidal Flat by removal of the concrete structure. MassDEP has agreed to completely suspend the $9,000 Penalty pending a full return to compliance.

3/31/10: MassDEP entered into a Consent Order with a $1,720 Penalty regarding East Northfield Water Company for Water Supply violations in Northfield. East Northfield Water Company has agreed to address the withholding and late submittal to MassDEP of water quality reports related to its drinking water quality.

3/29/10: MassDEP executed a Consent Order with Stop River Realty Trust for Waste Site Cleanup violations on Dedham Street property it owns in Norfolk. This location is in 'default' for failure to take steps to address a reported release of oil or hazardous materials. There is reason to believe that the chlorinated solvents present at this property are part of an upgradient release from an unknown location which appears to have affected local groundwater conditions at a number of properties. The Trust has agreed to complete work on a timetable stipulated before 7/1/10. MassDEP plans to audit a number of closed sites in the immediate vicinity to determine if the source of contamination can be readily identified.

3/29/10: MassDEP executed a Consent Order with a $1,290 Penalty involving Cado Properties Corporation in Fitchburg. MassDEP determined Cado Properties, Inc., the owner of 1B Princeton Road in Fitchburg had violated the Notice of Activity and Use Limitation (AUL) violations related to this property. Today's Order requires corrections to clarify use restrictions, obligations and conditions, and locations of physical barriers to the residually contaminated soil, as well as payment of the Penalty.

3/29/10: MassDEP issued a Unilateral Order to Elwin C. and Janet P. Shepherd for Wetlands violations in Ashby. Under today's Order, the Shepherds are required to stop alteration of wetland resource areas located on the westerly side of Jewett Hill Road in Ashby. Following a request for assistance from the Ashby Conservation Commission, MassDEP inspected the area and observed land-clearing activities occurring within a Bordering Vegetative Wetland and along a stream bank. No permits have been issued for the above work. Today's Order requires the owners to stop work within wetland resource areas, and implement erosion control measures to stabilize soils at the site. They must also hire a wetlands specialist to delineate the wetlands, evaluate the extent of impact to wetland resource areas, and submit a restoration plan to MassDEP for approval. This action will stop further wetland resource area damage and result in stabilization of the site. Additional enforcement is anticipated.

3/29/10: MassDEP executed a Consent Order with a $5,000 Penalty regarding Domenic Saraceno, Jr. - Trustee of the Saraceno Family Trust - for Waste Site Cleanup violations at 603 Main Street in Wilmington. The Trust is the owner and/or operator of the property where violations involved failure to meet deadlines set out in a Notice of Noncompliance issued on 6/9/08. Today's Order requires a phase two report for the site which meets the requirements by 4/30/11 and the payment of the $5,000 Penalty along with a stipulated penalty provision for any missed deadlines.

3/29/10: MassDEP entered into a Consent Order with a $30,000 Penalty regarding Crystal Travel and Tours, Inc. for Waste Site Cleanup violations in West Roxbury. Teresa Kelly, owner of Crystal Travel and Tours has agreed to a timeline for submittal of a Tier Classification Submittal to return the site to compliance with the MCP. This site has been in the system since 1990 and formerly served as a gas-dispensing service station. Crystal has agreed to pay $5,000, and MassDEP has agreed to suspend the remaining $25,000 provided Crystal Travel and Tours complies with the response action deadline established in today's Order. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from the removal of several underground storage tanks.

3/29/10: MassDEP executed a Consent Order with a $17,000 Penalty involving Joseph M. and Cynthia T. Bane for Wetlands violations at 1 Masconomo Street in Manchester. Previously, on 3/8/01, MassDEP issued a Final Order of Conditions (FOC) for the construction of a new residential residence with utilities and certain stormwater controls within the Buffer Zone to an intermittent stream. The FOC occurred as a result of an appeal settlement agreement and was executed between the Banes, the Manchester Conservation Commission (MCC), and MassDEP. The FOC contained certain stormwater control elements included specifically to satisfy the MCC. No request to extend the FOC was submitted, or extension issued, and the FOC expired on 3/8/04. Recently, after receiving a request for a certificate of completion (March 2010) MassDEP found that work on portions of the project had proceeded after the expiration of the FOC. Additionally, MassDEP found that the project was not built according to the approved plan design or as conditioned in the FOC, and, no request was made for a review or approval for such changes. Specifically, approved elements of the stormwater control system were not installed and some alternative drainage system elements were installed without approval. Such work resulted in a stormwater control system that did not function as agreed to in the settlement agreement and in the approved FOC. Today's Order requires implementation of a plan containing stormwater control upgrades and modifications that will bring the property into functional compliance with the FOC and that is also acceptable to the MCC. There is also a $3,000 Penalty with the additional $14,000 suspended, pending a return to compliance.

3/25/10: MassDEP executed a Consent Order with a $1,000 Penalty regarding the city of Lowell for Waste Site Cleanup violations at 234-266 Mount Vernon Street in Lowell. The city is the owner and/or operator of this property, and where MassDEP had received an Immediate Response Action ("IRA") Plan for the site on 9/21/09. This IRA indicated that as part of the groundwater gauging and sampling event which found petroleum-related product measured at a thickness exceeding 1/2 inch on 11/18/08, a 72-hour reporting condition. However, the City of Lowell failed to report the release to MassDEP within seventy two (72) hours after obtaining knowledge of this condition. Therefore, as of 1/21/10, the city of Lowell was overdue for the submittal of an IRA Status Report as required.

3/25/10: MassDEP entered into a Consent Order with an $8,630 Penalty regarding Alliance Express for Waste Site Cleanup violations at 41-43 Worcester Street in Belmont. Alliance Express is an oil heat contractor and is responsible for violations at a residential property located at 41-43 Worcester Street in Belmont. Specifically, the violation was for failure to notify MassDEP within 120 days of release of oil and/or hazardous material equal to or greater than applicable reporting concentrations in soil and/or groundwater. The Alliance Express agreed to pay a $4,315 administrative penalty, with an additional $4,315 suspended, pending full compliance with today's Order.

3/25/10: MassDEP entered into a Consent Order with a $41,150 Penalty involving 84 Irving Street for Asbestos violations in Somerville. MassDEP performed an inspection of the residence and subsequent investigation determined that the homeowner had improperly removed asbestos-containing material from the site. As a result of the violation observed by MassDEP assessed a $41,150 penalty. 84 Irving will pay $2,000 with the remaining $39,150 dollars suspended pending one year of full compliance. MassDEP's homeowner policy was utilized in reaching this settlement.

3/25/10: MassDEP entered into a Consent Order with DEMCO Enterprises Realty Trust for Waste Site Cleanup violations at the (former) George E. Keith site at 31 Perkins Street in Bridgewater. DEMCO was previously issued a notice of noncompliance for failure to delineate the nature and extent of contamination at the site and failure to achieve a permanent solution as required. Citing financial constraints, DEMCO has requested additional time beyond that which is established in order to complete the corrective action and submit a final response action outcome. Today's Order establishes a new schedule and deadline (4/29/11) for DEMCO to correct the violations.

3/24/10: MassDEP entered into a Consent Order with a $19,000 Penalty regarding CDM Jessberger, Inc. for Hazardous Waste Management violations. CDM Jessberger obtained MassDEP approval to conduct hazardous waste treatability studies at its Cambridge geotechnical laboratory. In January 2009, when CDM Jessberger moved its laboratory operations to Somerville, the company transported hazardous waste samples from its Cambridge site without a valid transporter license and delivered them to its new Somerville lab, which was not authorized to receive them for treatability testing. On another occasion, the company offered samples collected in the field to a hazardous waste transporter that was not licensed in Massachusetts. CDM Jessberger has chosen not to apply for an approval to conduct treatability studies at its Somerville laboratory.

3/24/10: MassDEP executed a Consent Order with Sotirios Tzeremes for Waste Site Cleanup violations at 423-425 Main Street in Oxford. Tzeremes is the current owner of this petroleum contaminated former gas station property which is currently vacant. Today's Order incorporates a compliance schedule originally proposed by Tzeremes but also establishes stipulated penalties should he miss those deadlines. Tzeremes' ability to complete the work has been impeded by financial obstacles to developing the property profitably as he had planned.

3/24/10: MassDEP entered into a Consent Order with a $5,200 Penalty involving Ameripride Services, Inc. for Industrial Wastewater violations in Worcester. The company failed to apply for and obtain a sewer connection permit, and it operated its wastewater pretreatment system without certified wastewater treatment plant operators. Today's Order in addition to the Penalty, requires the company to comply with all applicable requirements. This action helps ensure the company's Industrial Wastewater undergoes proper pre-treatment.

3/24/10: MassDEP conducted Waste Ban Compliance Professional (WBCP) Training. MassDEP delivered this training session for new inspectors to be accredited as Waste Ban Compliance Professionals (WBCPs) at the Wheelabrator North Andover waste-to-energy facility. Those participating in the training session received instruction on the waste ban regulations, what constitutes a waste ban material, the intent of the regulations, and guidance for recording observations and submitting quarterly monitoring reports to MassDEP. Upon successful completion of training, participants are qualified to conduct third-party assessments of waste ban compliance by trash haulers and generators at waste-to-energy facilities participating in the Class II Recycling Program. WBCPs are present at facilities during all receiving hours and conduct ten random and unannounced inspections per quarter. Additional training is planned for the Covanta waste-to-energy facilities and any third-party consultants interested in becoming accredited WBCPs.

3/23/10: MassDEP executed a Consent Order with a $9,490 Penalty regarding the Sebell Family Trust for Waste Site Cleanup violations at 60 Concord Street in North Reading. The Trust is the owner of the property where the violations involve failure to notify MassDEP within 30 days of obtaining knowledge of treatment system mechanical failure/breakdown, and also for failure to terminate the site's Remedy Operation Status within 120 days of this system breakdown. Sebell Family Trust has agreed to pay a $5,000 administrative penalty, with an additional penalty of $4,490 suspended, pending compliance.

3/22/10: MassDEP executed a Consent Order with an $8,625 Penalty regarding Dover Sherborn School District for Groundwater Discharge violations. The Dover Sherborn School District has agreed to address chronic effluent violations of the District's groundwater discharge permit. Today's Order includes a requirement for the District to perform a detailed assessment of their wastewater treatment facility and to take actions to bring the plant into compliance. MassDEP has agreed to suspend the Penalty pending compliance.

3/22/10: MassDEP executed a (second) Amended Consent Order with Platinum Car Center, Inc. for Waste Site Cleanup violations in Wakefield. Alex Langshteyn, owner of Platinum Car Center Inc., has agreed to an extended timeline for the submittal of a final Response Action Outcome. The extension is needed due to the detection of a condition which requires additional assessment and remediation in order to complete the project. This site has been in the system since 1989.

3/22/10: MassDEP entered into a Consent Order with a $6,900 Penalty regarding the town of Canton for Stormwater and Solid Waste violations at the town's landfill. In violation of Solid Waste regulations, the town expanded the leaf-and-yard waste collection area at its closed and capped landfill onto final cover areas not designed for such use. The town will expend a minimum of $6,900 to perform a Supplemental Environmental Project (SEP) relative to the design and installation of a catchbasin at the end of Howard Street in Canton, an area located adjacent to Ponkapoag Pond. Additionally, in order to intercept solid waste that would otherwise be deposited in Ponkapoag Pond, the SEP will address proper management of stormwater, solid waste, and yard waste that currently enters the waters of the Commonwealth.

3/22/10: MassDEP entered into a Consent Order with Double Edge Theatre Productions, Inc. for Water Supply violations in Ashfield. Stacy Klein, as president of Double Edge, has agreed to address the facility's status as a public water system and therefore the requirements for water monitoring, oversight by a certified operator, an emergency plan and source protection and limitations.

3/19/10: MassDEP issued a Unilateral Order and a $4,730 Penalty Assessment Notice to Athol-Main Realty Co., Inc., for Waste Site Cleanup violations at 156 Daniel Shays Highway in Athol. Athol-Main is the owner of the property, where there has been a violation of the remedy operation status (ROS) performance standards. Specifically, the violations include: failure to design a remedial system that would achieve a permanent solution; failure to maintain and operate the remedial system in accordance with the operations/maintenance plan; failure to eliminate or control each source of contamination; failure to eliminate a substantial hazard; and, failure to submit status reports on the ROS. Today's Order requires Athol-Main to terminate the ROS and submit a tier classification within 30 days, and submit a final response action outcome within two years.

3/18/10: MassDEP issued a $5,000 Penalty Assessment Notice to Jae H. Chung, the owner of the former Connie's Cleaners at 35 Richmond Lane in Adams. Chung owns the former dry cleaners facility where there is a failure to clean up known contamination on the property. Chung owns the currently abandoned property, but has failed to undertake cleanup actions at this site in response to MassDEP notices. Previous owners of the property operated a dry cleaning business formerly known as Connie's Cleaners at this location for many years. On 1/30/09 Chung entered into a Consent Order with MassDEP that required the completion of response actions by 7/15/09. The Order contains stipulated penalties for failure to comply. To date, the MassDEP has not received the required documents, and this failure to complete response actions prompts the Department to issue a Demand letter to Chung, with the stipulated penalty in the amount of $5,000.

3/17/10: MassDEP was informed by Hampden County Superior Court of the decision denying James Shields Motion for "Judgment on the Pleadings." Shields had appealed MassDEP's Demand for Stipulated Penalties which MassDEP had issued following Shields' failure to complete the restoration as was required under a Consent Order he signed with MassDEP.

3/17/10: MassDEP issued a Unilateral Order to Pike Realty, LLC for Wetlands violations at 731 Boston Turnpike in Shrewsbury. The company is the owner of property where MassDEP inspectors observed the discharge of silt-laden runoff from the supermarket construction project flowing to an adjacent bordering vegetated wetland. Today's Order requires the company to place appropriate erosion controls to stop the discharge, and to contain and treat the silt-laden runoff. The company is also required hire an erosion control specialist to develop an erosion control plan for the project, and to hire a wetlands specialist to both assess the damage and submit a plan to restore the altered wetlands. Additional enforcement and assessment of an administrative penalty is anticipated.

3/17/10: MassDEP issued a Unilateral Order to Price Chopper Inc. for Wetlands violations at 731 Boston Turnpike in Shrewsbury. Price Chopper Inc. of New York is the developer of property where MassDEP inspectors observed the discharge of silt-laden runoff from the supermarket construction project flowing to an adjacent bordering vegetated wetland. Today's Order requires the Company to place appropriate erosion controls to stop the discharge, and to contain and treat the silt-laden runoff. The Company is also required hire an erosion control specialist to develop an erosion control plan for the project, and to hire a wetlands specialist to both assess the damage and submit a plan to restore the altered wetlands. Additional enforcement and assessment of an administrative penalty is anticipated.

3/17/10: MassDEP entered into a Consent Order with a $1,000 Penalty regarding ALD Construction Inc., for Air Quality violations at 1 Broadway in Lawrence. During the inspection and subsequent investigation by MassDEP it was determined that ALD had performed demolition/renovation work without notifying MassDEP as required. As a result, ALD has agreed to pay $500, while MassDEP has agreed to suspend the remaining $500 pending full compliance for a period of one year.

3/16/10: MassDEP issued a Unilateral Order to Northern Sealcoating & Paving, Inc. for Wetlands violations in Dennis. MassDEP received notification on 2/23/10 of a discharge of oily water from an "oil/water separator" to a catch basin and to a receiving surface water body/wetland resource located at the site. Representatives from the Town of Dennis Fire Department and Board of Health observed the oil/water separator being pumped out and the oily water being discharged to the paved surface and a down gradient catch basin, which discharges to the adjacent wetland resource - and owned by the Town. The Fire Department disconnected the pump to stop the discharge and the Board of Health issued a Notice of Violation to the facility to stop the illegal discharge. On 2/24 and 2/25, MassDEP inspected the site and observed a sheen on standing water near the catch basin and on the adjacent surface water/wetland resource. Today's Order requires Northern Sealcoating & Paving, Inc. to immediately cease all unpermitted discharge of any pollutants from the oil/water separator to the surface water/wetland resource and to clean-out the impacted catch basin within thirty days.

3/16/10: MassDEP executed a Consent Order with a $24,876 Penalty involving Dampolo Automotive for Air Quality (vapor recovery) and Hazardous Waste Management violations at 299 Boston Road in Billerica. Dampolo is an automotive service station that dispenses gasoline and conducts automotive towing and service. As a result of a referral regarding a noncompliant underground waste oil storage tank, MassDEP inspected the facility and determined the facility to be in noncompliance with Stage II Air Quality (vapor recovery) regulations as well as Hazardous Waste regulations regarding waste oil and underground injection control (floor drain) regulations. Today's Order requires Dampolo to correct all violations. Today's Order requires Dampolo to pay $5,000 and MassDEP will suspend payment of the remaining $19,876 if after one year the facility remains in compliance.

3/15/10: MassDEP issued a Demand for $250 in Stipulated Penalties to James F. Stanton, Jr. and Patricia D. Stanton for Wetlands violations at 26 Annapolis Way in Newbury on Plum Island. MassDEP issued the Demand for failure to comply with a Consent Order for Wetland Protection Act violations. That Order required certain and specifically-designed (and approved) modifications to a single family residence, the restoration of altered Coastal Dune on a Barrier Beach, and, long-term monitoring and reporting. All of these measures were to take place according to certain deadlines. Deadlines have past and none of the actions required have been performed. The Demand requires payment of a $250 stipulated penalty within 30 days and provides notice of the obligations to immediately comply with the Order.

3/12/10: MassDEP received notice of final resolution involving the Rubchinuk Landfill on East Street in Middleton. Two enforcement cases, which were originally brought in 1976 and 1985, to achieve final cap and closure of an illegal landfill of demolition debris, have reached final resolution. A total of $747,000 in excess receivership funds were distributed to the Executive Office of Energy and Environmental Affairs. In the early 1990's the site was forced to be properly remediated and closed according to all appropriate standards and regulations. This work included design approvals by the Division of Solid Waste and the issuance of a Superseding Order of Conditions and 401 Water Quality Certification by the Wetlands Program. In the late 1990's, a court-appointed receiver secured closure-funding through the sale of a clean portion of the property for residential development, and from fees for accepting excavate for capping and closure material from sources including the Central Artery/Third Harbor Tunnel Project, the MBTA Silver Line Project and the Massport Logan Airport Rehabilitation Project. This process took a number of years, and was completed in 2008, with the property transferred back to the town of Middleton in 2009, along with funds for continuing maintenance. The remaining funds were distributed to EEA. These cases have been handled for the Attorney General's Environmental Protection Division.

3/12/10: MassDEP entered into a Consent Order with Villa Mia, Inc., for Water Supply violations in Sandisfield. Miradije Klenja, as president and owner of the Villa Mia Restaurant has agreed to address the restaurant's status as a public water system and the requirements for monitoring, oversight by a certified operator, emergency plan and source protection and limitations.

3/12/10: MassDEP entered into a Consent Order with Farm School, a public water system, for Water Supply violations in Orange. Benjamin Holmes, as president and owner of the Farm School, has agreed to address periodic high levels of nitrate in the well used for drinking, public notification to ensure the targeted population is not at risk (infants 6 months and younger), and development of a replacement source. Today's Order follows after a Unilateral Order had been issued one year ago, which required public notice due to elevated nitrate. That Order also required the water system to begin an investigation and develop corrective actions.

3/12/10: MassDEP issued (separate) Unilateral Order(s) to BVS 5401 Investors LLC and Della Concrete Corp., for Wetlands violations in North Adams. MassDEP issued cease-and-desist Orders to the site owner and applicant, BVS 5401 Investors LLC, and the site contractor, Della Concrete Corporation. Site work had been authorized by the Town of North Adams Conservation Commission (NACC) to conduct gravel pit closure work, and the restoration of bank. However, MassDEP found that site construction had commenced without implementation of all the required site erosion and sedimentation control measures in place. A final order of conditions (permit) issued by the North Adams conservation commission had required that site work commence after implementation of proper erosion and sedimentation controls. Today's Orders require a cessation of all site work within the resource area, or work which may alter any resource areas, and the submittal of a Stabilization Plan for this site. Additional action in connection with the site will be coordinated as investigation into the site continues.

3/12/10: MassDEP entered into a Consent Order with an $8,625 Penalty involving Lowe's Home Centers, Inc. for Groundwater Discharge violations in Pembroke. Lowe's operates and maintains an on-site wastewater treatment plant that also receives and treats wastewater generated from three other commercial plazas which contribute a significant portion of the flow entering the plant. The discharge is regulated by MassDEP under a ground water discharge permit. As part of a permit renewal process, review of discharge monitoring reports revealed ongoing violations of the permit's total nitrogen and effluent limits. The Order establishes timelines for the upgrade to the treatment plant, implementation of an action plan for other parties and tenants to implement best management practices to reduce the amount of oil, grease and toxics being discharged to the plant, and a deadline for compliance with the discharge limits.

3/12/10: MassDEP issued a Unilateral Order to Wales Market for Water Supply violations in Wales. Robert Marchand as the owner of this public water system is required to no longer operate the system above its threshold until MassDEP provides that approval in writing. The system has been the subject of an extended boil-water Order. Today's Order also addresses required testing, disinfection and permit actions that are needed by the water system operator.

3/11/10: MassDEP entered into a Consent Order with a $53,937.50 Penalty involving Rotation Dynamics Corporation for Asbestos violations in Marlborough. Dynamics Corporation is based in Darien, Illinois, and owns/operates a facility in Marlborough, Massachusetts. During a routine inspection conducted in March of 2008, MassDEP determined that company employees removed a piece of asbestos-insulated process equipment, and left it uncontained in a parking lot at the site. Numerous pieces of dry, friable asbestos insulation were observed uncontained on the ground in the parking area, exposed to the ambient air. Under the terms of today's Order, the company agreed to comply with all applicable regulations in the future, and to pay $30,000 of the Penalty. The remaining $23,937.50 of the Penalty will be suspended provided the company has no additional violations for a one-year period, and that it expends a minimum of $13,000 to complete energy efficiency lighting upgrades at the plant.

3/11/10: MassDEP entered into a Consent Order with the town of Amesbury for Waste Site Cleanup violations at 31 Water Street in Amesbury. The town is the owner and/or operator of the property along the Pow Wow River. The specific Waste Site Cleanup violations were failure meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 4/24/09. Today's Order requires a tier classification extension (permit to continue cleanup) submitted by 3/10/10, a phase two (assessment) report by 6/30/10, a phase three by 8/30/10, a phase four by 6/30/11 and a final response outcome by 6/30/12. Today's Order contains stipulated penalty provision for any missed deadlines.

3/10/10: MassDEP executed a Consent Order with Mello's Service Station for Waste Site Cleanup violations at 801 Bay Street in Fall River. Previously, MassDEP had issued Mello's, which owns/operates a facility at the address, a notice of noncompliance relative to the Activity and Use Limitations. A sixty-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 and required tasks and to submit a final response action outcome.

3/10/10: MassDEP entered into a Consent Order with a $3,000 Penalty regarding LVI Environmental Services Inc. for Asbestos violations at Wall Experiment Station (WES) on Shattuck Street in Lawrence. MassDEP performed a routine inspection of the ongoing asbestos abatement work at WES, and determined multiple violations. MassDEP requested that LVI shutdown the removal operations. LVI was allowed to restart abatement operations after the violations were corrected. In addition to the Penalty, today's Order requires LVI to fully comply with Asbestos regulations.

3/10/10: MassDEP executed a Consent Order with George W. Curboy's Garage, Inc. for Waste Site Cleanup violations in Sturbridge. Today's Order establishes a legally enforceable schedule for the completion of the assessment and remediation activities needed as a result of a release of petroleum at the company's facility. The Garage failed to submit both a phase two and three (assessment) reports within the established timeframe. Previously, MassDEP issued the company a notice of noncompliance, and in response, the company had requested an extended time period to complete the necessary actions. Today's Order incorporates the company's proposed schedule, and includes stipulated penalty provisions should the company fail to comply with the newly established schedule.

3/9/10: MassDEP issued a Demand for $7,275 Stipulated Penalty to Edward's Corp. LLC for Asbestos violations at 25 Eustic Street in Marshfield. Edwards failed to comply with the conditions contained in a Consent Order entered with MassDEP on 7/9/09. That Order was relative to violations involving the demolition of a building that contained asbestos containing cement ("transite") shingles and floor tiles, which were in violation of several Asbestos, Air Quality and Solid Waste regulations. As part of that Order, Edward's agreed to complete a Supplemental Environmental Project (SEP). Edward's has now violated that agreement by not submitting a written proposal to MassDEP with a description of the SEP and for not completing any SEP in accordance with that agreement. Today's Demand for Stipulated Penalty is for failing to comply with that agreement.

3/8/10: MassDEP executed a Consent Order with Alcatel-Lucent USA, Inc. for Waste Site Cleanup violations at the former Lucent Technologies MVW facility at 1600 Osgood Street in North Andover. Specifically, today's Order requires that Alcatel-Lucent USA submit either a final response action outcome statement or remedy operation status to MassDEP by 5/5/10. This site was originally listed in 1986 after a reported detection of volatile organic compounds in groundwater.

3/4/10: MassDEP entered into a Consent Order with a $28,625 Penalty regarding Water Falls Construction and Landscaping, Inc. for Asbestos violations in Worcester. MassDEP in April 2008 inspected the site in Worcester where the Asbestos violations by Water Falls Construction and Landscaping, Inc. of Hopedale were noted. Under the terms of the Order, the company has agreed to comply with all applicable regulations in the future, and to pay $7,500. MassDEP has agreed to suspend the remaining $21,125 provided the company does not have any additional violations in the next year.

3/3/10: MassDEP entered into a Consent Order with a $4,600 Penalty involving Ramandeep, Inc., for Surface Water Discharge violations in Shrewsbury. Ramandeep Inc., which is based in Andover, violated Surface Water Discharge Permit Regulations in October 2009 at the BollyWood Grill in Shrewsbury. MassDEP personnel observed evidence of illicit discharges of fat, oils and grease from the restaurant's outdoor grease trap that had entered a municipal storm drain connected to Tilly Brook, a tributary to Lake Quinsigamond. At that time, MassDEP issued a Unilateral Order to Ramandeep requiring that it take immediate measures to prevent further illicit discharges to local surface waters. As final settlement in this matter, Ramandeep will implement regular inspection and pump-out of the grease trap in accordance with a schedule approved by Shrewsbury, and it will ensure that restaurant employees are properly trained on the proper disposal of fats, oil and grease. This action will result in reduction of pollutants entering the Tilly Brook/Lake Quinsigamond watershed.

3/2/10: MassDEP executed a Consent Order with a $1,000 the city of Boston for Waste Site Cleanup violations at Ryan Playground in Charlestown. As owner of the Ryan Playground, the city was in violation for failure to submit a remedy abatement measure (plan) prior to excavation in an area subject to an activity and use limitation. In addition to the Penalty, the city has agreed to make the appropriate corrections and to a stipulated penalty provision for any missed deadlines.

3/1/10: MassDEP entered into Consent Order with an $18,400 Penalty regarding Delaney Demolition for Solid Waste and Asbestos violations at 91 Halfway Pond Road in Plymouth. Delaney Demolition contracted for disposal of solid waste at a facility not approved to manage that type of solid waste (asbestos). Delaney Demolition did not file notification with MassDEP for the removal of asbestos containing material and did not properly containerize the material. Today's Order requires that the respondent submit to MassDEP all documentation pertaining to a proper and full clean-up of the asbestos material. In addition, Delaney will pay $1,000 with the remaining $17,400 suspended after the small business policy was found to apply.

February 2010

2/26/10: MassDEP entered into a Consent Order with a $17,500 Penalty involving Vincent Mofford for Wetlands violations at 2 Bloomfield Street in Middleboro. Mofford was cited for the construction of a 12-foot driveway and all-terrain vehicle track within bordering vegetated wetlands without a valid order of conditions (permit). MassDEP agreed to fully suspend the Penalty under the Homeowners Policy. Mofford has agreed to remove all fill and fully restore all wetlands.

2/26/10: MassDEP joined with the Ipswich Police Department to identify two individuals who admitted to dumping waste oil into a brook that runs through Willowdale State Forest in Ipswich. The two men were charged with dumping oil that contaminated thousands of square feet of surface water, and they were required to pay for the cleanup and perform community service. At the pre-trial conference, the case was continued without a finding (CWOF), with defendants agreeing to probation, the payment of $4,000 for an environmental study, and the payment of over $12,000 for clean up and restoration of the impacted wetland. Defendants are also required to perform community service.

2/26/10: MassDEP entered into a Consent Order with the town of Abington, for Solid Waste violations at Groveland Street Landfill in Abington. The town has agreed to conduct additional assessment and closure of the town's unlined/partially-capped landfill. After a series of inspections and meetings over the last few years it was disclosed that the town capped a portion of the eleven-acre municipal landfill in the late 1980's, but never completed the closure/capping activities. During this investigation it was discovered that the town had established unapproved post-closure activities on top of the partially-capped area without benefit of a risk assessment and the appropriate construction/operation permits. Today's Order establishes a compliance schedule that requires the town to complete a site assessment, prepare a corrective action plan and a proposed design for closing and capping of the landfill.

2/26/10: MassDEP entered into a Consent Order with a $102,230 Penalty involving J.B. Silva Company for Hazardous Waste Management violations at 61 Nichols Street in Danvers. Today's Order became effective through a final decision issued by Commissioner Burt. MassDEP originally inspected J.B. Silva Company on 7/21/09, after receiving a call from EPA's Emergency Response Unit. At the time of inspection, J.B. Silva Company had a Class B, precious metals recycling permit and was a licensed precious metals transporter. Some of the violations discovered during the inspection included storing hazardous waste and waste oil without a license, transporting hazardous waste and waste oil without a license, conducting precious metals recycling operations from 1/1/00, to 10/3/07, without a valid permit; improperly labeling of hazardous waste and regulated recyclable material containers; hazardous waste containers not in good condition; failing to store hazardous waste containers on an impervious surface; lacking proper hazardous waste training and weekly inspection records; failing to submit annual recycling reports; and, finally, no contingency plan onsite for the recycling operations. As a result of the initial inspection, the company was required to have all hazardous wastes and barrels removed from the facility, which was located in a residential area. MassDEP deployed staff to this facility several times over a four-week period. J.B. Silva Company's recycling permit and transporter license were revoked via Unilateral Orders on 9/17/09 and 10/9/09. Today, following the appeal of these Unilateral Orders, and settlement discussions, J.B. Silva Company has agreed to pay a $102,230 administrative penalty with $6,600 of that amount related to avoided (or non-payment) of hazardous waste compliance fees. J.B. Silva Company's precious metals recycling permit and transporter license were revoked and J.B. Silva Company is barred from applying for any class or category of license or permit for a period of two years.

2/26/10: MassDEP executed a Consent Order with a $20,250 Penalty involving Loreto & Ann M. Antonellis for Wetland violations property at 101 Waverly Oaks Road, and adjacent land, in Waltham. MassDEP became involved with the case at the request of the Waltham Conservation Commission. Upon inspection, staff found that approximately 350 square feet of bordering vegetated wetland, 500 square feet of bordering land subject to flooding and 9,180 square feet of riverfront area were altered by clearing, grading, and placement of gravel to enlarge a parking area. The work was performed over several years by a tenant, a contractor and landscaping company, with the knowledge of Antonellis. A major portion of the expanded parking area and the violations occurred on the abutting property owned by the City of Waltham under the care and custody of the Conservation Commission. Today's Order requires full restoration of all resource areas, including long-term monitoring. MassDEP has agreed to suspend $15,750 of the Penalty provided the site is in compliance on/by 10/31/12.

2/26/10: MassDEP entered into a Consent Order with an $11,500 Penalty involving Gloucester Commons for Water Pollution Control violations. (NE Samuel E. Park, owner and developer of a large mixed-use commercial project called Gloucester Crossings, which consists of: restaurants, retail space, a supermarket, a hotel and assisted living housing. Gloucester Commons failed to meet obligations to file a one-time sewer certification for new service connections before commencing to discharge grater than 15,000 gallons per day and less than 50,000 gallons per day. MassDEP has agreed to suspend $5,500 provided there are no violations.

2/26/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Bard College at Simon's Rock for Water Pollution Control violations in Great Barrington. The college has agreed to upgrade its sewage collection system and to eliminate a large septic system (Title 5). The large septic system was not abandoned in 1975 when the majority of the college connected to the municipal sewers. The agreement sets a schedule for the upgrade and/or abandonments for parts of its collection system. MassDEP has agreed to fully suspend the Penalty provided the terms of the Order are followed.

2/26/10: MassDEP issued a Water Emergency Declaration and a $2,300 Penalty to Option Institute and Fellowship for Water Supply violations in Sheffield. The Institute, which is a public water system, was issued the Declaration and Penalty for failure to notify MassDEP or the local board of health regarding an emergency, and its connection of an unauthorized source of water (a well driller's trucked water) to the public water system. MassDEP issued a Do-Not-Use Order and a Declaration of Water Emergency in response to this incident. The Institute has agreed to a payment of $500, with the remainder ($1,800) suspended, provided the Institute complies with all terms of the Order which includes corrective steps to take to address the situation and prevent a recurrence.

2/26/10: MassDEP entered into a Consent Order with Laurel Lake Water Power, LLC (LLWP) and Schweitzer-Mauduit International, Inc (Schweitzer) in connection with Wetlands violations at the Laurel Lake Dam in Lee. LLWP is the current owner and was penalized $4,000; Schweitzer is the prior owner and was penalized $6,085. Each undertook an unpermitted drawdown of the lake through mechanical manipulation of controls at Laurel Lake Dam. In addition, Schweitzer placed riprap on the dam, reconstructed the emergency spillway and conducted grading of 5,000 square feet of bordering vegetated wetland. LLWP will restore the BVW by 7/31/10, remove unnecessary rip rap and provide public on-foot passage along the 'high water mark' across the site. The Order further requires that LLWP not undertake any additional work, including lowering of the lake, without a valid permit (i.e., final order of conditions) issued by the local (Lee) conservation commission, or an emergency authorization, and issuance of a valid general license under the Public Waterfront Act. MassDEP has agreed to suspend $2,500 of LLWP's Penalty provided all terms are met; and, $3,585 of the Schweitzer Penalty provided all terms are met.

2/24/10: MassDEP executed a Consent Order with an $8,630 Penalty involving the Brockton Waste Water Treatment Facility for Waste Site Cleanup violations at 303 Oak Hill Way in Brockton. A contractor operating the Brockton Waste Water Treatment Facility, Veolia Water North America, Northeast LLC, released 52 gallons of a 32% solution of ferric chloride onto soil outside the second chemical station. MassDEP was initially notified via email on 6/15/09 of this release, which had occurred on 6/13/09. A release of ferric chloride in this quantity under state regulations requires notification within two hours.

2/23/10: MassDEP executed an Amendment to an existing Consent Order with a $2,000 Penalty involving HADDAD Service Station Inc. for Waste Site Cleanup violations at 205 Broadway in Somerville. The owner of the property, has agreed to the Penalty which includes extending the deadline for submittal of the phase four report for the cleanup of the site to 7/13/10 and the final response action outcome statement for the site by no later than 7/13/11.

2/22/10: MassDEP entered into a Consent Order with the city of Waltham to address unpermitted sanitary sewer overflows (SSOs) in the city. Today's Order, which supersedes a previous Consent Order of 1/31/05, is due to the discharge of pollutants to waters of the Commonwealth which violate state regulations. Today's Order requires the city to continue administering a "Sewer Bank" and manage sewer permitting to reduce infiltration and inflow into the sewer system and thereby minimize SSOs. The city agreed to proceed with five (5) sewer system improvement projects outlined in the draft facilities plan that would reduce SSOs due to wet weather events. These sewer system improvement projects are expected to cost the city an estimated $14 million over the next five years. The city shall submit a phase one (assessment) report providing a performance review of the sewer system overflow abatement work. The city shall also complete the final sewer system facilities plan and submit semi-annual reports to MassDEP on the status of work outlined in today's Order.

2/22/10: MassDEP executed a Consent Order with a $2,865 Penalty involving Dartmouth Nissan, Inc. d/b/a Barry's Dartmouth Nissan-Volvo, in Dartmouth. In September 2009, MassDEP conducted a site inspection at the Dartmouth car dealership and observed Hazardous Waste Management violations relative to waste storage requirements, a groundwater discharge regulation violation regarding vehicle wash water, and violations of the underground injection control regulations regarding floor drains in the auto repair center. Today's Order includes an aggressive schedule for compliance.

2/18/10: MassDEP entered into a Consent Order with a $6,000 Penalty involving Blanchard Septic Tanks Systems, Inc. for Water Pollution Control violations in Springfield. WERO):   MassDEP determined that Blanchard dumped septage into a sanitary sewer manhole on private property. The dumping occurred without the approval of the city and resulted in odors in a building at that site. Blanchard complied with staff's order to cease the discharge and to dispose of the septage at a facility permitted to accept the septage. In addition to the Penalty, Blanchard agreed to comply with all regulations related to septage.

2/18/10: MassDEP was notified that Suffolk Superior Court issued a judgment in a case involving John and Diane Sellars, of 430 Concord Avenue in Lexington. The Court ordered the Sellars to restore wetlands they destroyed and to pay a $100,000 penalty; $25, 000 to be paid in 30 days plus $75,000 suspended upon full compliance with the final court order. The judgment requires the Sellars to escrow $90,000 toward performance of the restoration. This decision comes after a June 2009 ruling that determined the Sellars were liable under the Wetlands Protection Act for the destruction of wetlands on 430 Concord Avenue and on adjacent public conservation land, since at least the early 1990s, as well as for violations of the Solid Waste Management Act. The Sellars altered approximately one acre of bordering vegetated wetlands, riverfront area to Hardy Pond Brook, and the Bank of an intermittent stream. The area was altered by culverting, filling and grading with concrete rubble, trees, and other material despite repeated orders from the Lexington Conservation Commission (LCC) and MassDEP to restore the wetlands. The Sellars have also been receiving deliveries of parking lot sweepings, construction rubble, and other materials at their Lexington property for use as fill or in their loam-making business without authorization. In its decision, the court considered many factors including economic benefit and the financial resources of the Sellars and stated that fashioning a remedy which restores the wetlands was its most important consideration and priority. The LCC initially referred this matter to MassDEP at which time the site had already been identified as a site to be investigated under the Wetland Change Initiative. The AG's 0ffice became involved shortly thereafter.

2/12/10: MassDEP entered into a Consent Order with a $30,460 Penalty involving F.L. Roberts & Co. for Hazardous Waste Management violations at seven of its western Massachusetts' Jiffy Lube stores. The violations included failure to submit a Class A Recycling Notification form for waste oil space heaters, and noncompliance with various hazardous waste management requirements. Under today's Order, F.L. Roberts Co. has agreed to develop an Environmental Management System for its western Massachusetts' Jiffy Lube stores. MassDEP has agreed to suspend $22,460 of the Penalty pending full compliance with today's Order.

2/12/10: MassDEP has concluded a Consent Order with the town of Clarksburg for Water Supply violations in Clarksburg at the town's Senior Center. The Center serves as a public water system. Under today's Order, the Senior Center agrees to register as a public water system and comply with water quality testing and other operational requirements. It also provides a period in which the well can be used to allow the development of the Senior Housing and a well serving both the Senior Housing and Senior Center.

2/12/10: MassDEP concluded a Consent Order with White Pines Condominiums Board of Directors relative to Water Supply regulations in Stockbridge. MassDEP concluded an amendment with White Pines Condominiums concerning the date for completion of the required work to correct structural problems with its water-storage tank.

2/12/10: MassDEP entered into a Consent Order with a $1,000 Penalty involving the city of Fitchburg Water Department for Water Management Act violations. The Water Department serves a population of 39,100, and violated its permit that resulted in the over-withdrawal of water from the city's sources in the Chicopee River Basin. The city will submit a corrective action plan to assure that water withdrawals from the Chicopee River Basin are within the permitted amounts, or it will submit a new permit application with the required justification to increase water withdrawal amounts. The city is also authorized to withdraw water from its sources in the Nashua River Basin. Today's Order also outlines a requirement for the city to conduct a leak-detection survey, and create a schedule to complete any needed leak repairs.

2/12/10: MassDEP entered into a Consent Order with a $15,000 Penalty involving Garelick Farms, LLC for Air Quality, Hazardous Waste Management and Industrial Wastewater violations in Franklin. The Company failed to operate its wastewater pretreatment system with adequately licensed staff. It failed to notify MassDEP of an emergency by-pass of the wastewater pretreatment system. It discharged pollutants which interfered with the operation of the Charles River Pollution Control District's treatment facility. It failed to design the wastewater pretreatment system to prevent intentional diversions. Also, it failed to have adequate wastewater pretreatment operator coverage. In addition, the company stored waste oil longer than its registered status allowed, and it failed to adequately keep Air Quality reports. Today's Order requires the Company to comply with applicable regulations, many of which were corrected very quickly. This action will help ensure that the company's extensive wastewater pretreatment system is adequately staffed and operated.

2/12/10: MassDEP entered into a Consent Order with a $1,808 Penalty involving Saint Gobain Containers, Inc. for Industrial Wastewater, Toxic Use Reduction Act and Hazardous Waste Management violations in Milford. The company failed to apply for and obtain a MassDEP-issued sewer connection permit, and it failed to comply with numerous Hazardous Waste Management and Toxics Use Reduction requirements. In the Order, the company has agreed to comply with applicable regulations, pay a $1,808 Penalty. In addition, Saint Gobain has agreed to perform a Supplemental Environmental Project (SEP) valued at $5,424. Under this SEP will be used toward the purchase of a stand-alone trailer and equipment which will be donated to the Milford Police Department to help them address large scale emergencies. Emergencies that require re-routing of traffic or the establishment of an emergency management control point. This action will help ensure that the company complies with applicable regulations, while providing the town with an important tool to better respond to emergencies.

2/12/10: MassDEP executed a Consent Order with a $3,230 Penalty involving ULS of New England, LLC, for Industrial Wastewater violations at 65 Manchester Street in Lawrence. During an unannounced inspection at ULS of New England, LLC, an industrial and commercial laundry facility, MassDEP found the facility failed to apply for a MassDEP sewer connection permit while discharging greater than 50,000 gallons per day, and combined sanitary and industrial flow into the Greater Lawrence Sewerage District, a publicly-owned treatment works. In addition to the Penalty, ULS of New England, LLC has agreed to apply for the proper sewer connection permit, which has since been received at MassDEP.

2/12/10: MassDEP executed a Consent Order with Boott Mills 246.1 Market Street for Waste Site Cleanup violations at 246.1 Market Street in Lowell. As owner and/or operator of the property, which was formerly part of the power plant for former Boott Mills Factory, the respondent was found to have failed to meet deadlines set out in a notice of noncompliance issued by MassDEP on 12/23/09. Today's Order requires a phase two report by 12/30/10; a phase three report by 2/28/11; a phase four report by 5/31/11; and, a final response action outcome statement by 2/29/12. Today's Order contains a stipulated penalty provision for any missed deadlines.

2/11/10: MassDEP entered into a Consent Order with a $13,700 Penalty involving Jonathan Allen for Asbestos violations at 412 Broadway in North Attleboro. Allen was found to have violated applicable regulations by failing to submit written notification for removal of friable asbestos containing materials (ACM); two asbestos work practice violations and three ACM disposal violations. The work-practice violations included: failure to seal the work area and failure to use air cleaning equipment. The ACM disposal violations included: failure to adequately wet and properly containerize the ACM in leak-tight labeled containers. MassDEP has agreed to fully suspend the Penalty under the Homeowners Policy.

2/11/10: MassDEP executed a Consent Order with Urban Design & Development Corporation for Waste Site Cleanup violations in 10 North Main Street in Westford. The company is the owner of the subject property, where the violations cited were for failure to meet the deadline set out in a MassDEP notice of noncompliance issued on 10/1/09. Today's Order establishes deadlines for submittal of an immediate response action status report or completion statement. In addition, deadlines for submitting a phase two, three and four submittals, and a final response action outcome statement. Today's Order contains a stipulated penalty provision for any missed deadlines.

2/10/10: MassDEP executed a Consent Order with a $41,510 Penalty involving E. H. Porter Construction, Inc. for Wetlands violations at 15 Wallis Street in Peabody. Porter received a local order of conditions (permit) to remove a pile-supported building that existed over a canal portion of the North River. It also allowed Porter to build a new commercial building with parking lot, with portions also located over the canal but with no alterations to the canal/river. Prior to the demolition, Porter received an amended order that authorized relocation of the entire alignment of the canal/river across the site. When work began on the site, a complaint was received by the US Army Corps of Engineers ("ACOE") regarding work violations, including no erosion controls, within the canal/river. The ACOE issued Porter a cease-and-desist order. MassDEP inspected the site, at the invitation of the ACOE, and found that the work was performed in violation of the site's approved order. Without having obtained any approval, Porter had altered approximately 250 square feet of land under a waterway, 3,500 square feet of bordering land subject to flooding and 1,000 square feet of riverfront area. Today's Order requires implementation of revised plans that reflect the project being constructed with no realignment of the canal/river, restoration of all altered resource area functions, upgrade of the proposed (parking lot) stormwater treatment with an operations and maintenance plan. Further that all Wetlands work is done in accordance with its permits and properly reflect such requirements. Porter has agreed to pay $20,000 and MassDEP has agreed to suspend $21,510 provided that two years of restoration monitoring is done.

2/9/10: MassDEP entered into a Consent Order with the owners of the New Boston Store, Peter & Sue Murray, relative to Water Supply regulations at this facility in Sandisfield which serves as a public water system.

2/8/10: MassDEP entered into a Consent Order with a $31,100 Penalty involving the trustees of the Pacific VIII Realty Trust for Asbestos violations at One Broadway in Lawrence. Maurice Khawam and Gebriel Amiel as Trustees of Pacific VIII entered into today's Order. MassDEP performed an inspection of One Broadway in Lawrence as a result of an emergency waiver request. During the inspection MassDEP observed that improper asbestos removal had occurred in multiple locations at the site. MassDEP required Pacific Realty to clean up the affected areas of the site. Pacific VIII will pay $10,000 of the Penalty with $21,100 suspended for one year pending full compliance with the Order.

2/8/10: MassDEP entered into a Consent Order involving Superior Cleaners for Environmental Results Program (ERP) violations at its dry-cleaning operation in Springfield. As part of the agreement, the company will be required to correct the violations, pay back annual compliance fees totaling $1,250 for the years 2005-2009 as well as resolve two previously-issued Penalty Assessment Notices for failure to submit its ERP certification for the years 2005 and 2006 in the amount of $1,000 plus $50 in interest.

2/5/10: MassDEP entered into a Consent Order with an $8,000 Penalty involving Valley Plating, Inc. for Water Pollution Control violations in Springfield. MassDEP found during an inspection of this metal finishing company based in Springfield, violated water pollution control laws. The inspection was prompted by a self-report of an acid release to the local sewerage system. The release was attributed to an operator error. During the inspection MassDEP also noted that the company had not applied for or received a permit to discharge to the local sewerage system. Valley Plating, Inc., which cooperated with MassDEP and addressed the noncompliance issues immediately, have agreed to pay $3,000 with $5,000 suspended pending compliance with the terms and conditions of today's Order.

2/5/10: MassDEP issued a Demand for $4,500 for violations of a Consent Order involving Anthony J. Crea for Waste Site Cleanup violations in Pittsfield. Crea is the owner and operator of the property at 483 West Housatonic Street, on 11/7/08. Specifically, violations addressed in the Order were for failure to submit a tier classification submittal or a final response action outcome statement after the one-year regulatory deadline had expired. Crea has now failed to submit either a tier classification submittal or an RAO submittal in accordance with deadlines. To date, MassDEP has not received the required documents. For his failure to comply, MassDEP issued today's Demand.

2/4/10: MassDEP entered into a Consent Order with Astro Washington Realty Trust for Waste Site Cleanup violations at the former Easton Dry Cleaners at 690 Washington Street in Easton. Robert Alkon as trustee for the site owner(s) failed to meet a deadline established in a notice of noncompliance that was issued on 11/16/09. The trustee (as owner and responsible party) was required to submit a five-year periodic review opinion for the class response action outcome for the site by 1/4/10. The owner notified MassDEP that he would be unable to comply with the deadline. Today's Order establishes a new timeline for submittal of a five-year periodic review opinion of the final response action outcome.

2/4/10: MassDEP executed a Consent Order with a $500 Penalty involving Wentworth Hills, LLC, for Drinking Water violations in Plainville. Wentworth Hills, LLC owns and operates an unregistered public water system (Wentworth Hills Golf Club), located at 27 Bow Street in Plainville. Under today's Order, Wentworth Hills, LLC has agreed to register Wentworth Hills Golf Club as a public water system and take corrective actions in order to comply with Massachusetts Drinking Water Regulations.

2/3/10: MassDEP entered into a Consent Order with a $32,500 Penalty involving Connecticut Valley Sanitary Waste Disposal (SVSWD) Inc. for Solid Waste violations in Chicopee. CVSWD has agreed to address odor issues at their solid waste landfill located in Chicopee. Under the terms of the Consent Order, CVSWD will conduct an ambient air risk assessment, make several flare/blower modifications, and take additional odor mitigation efforts upon direction of MassDEP.

2/2/10: MassDEP entered into an Amended Consent Order with Hamilton-Wenham Regional School District for Water Pollution Control violations in Hamilton. MassDEP requires Hamilton-Wenham Regional School District to upgrade its wastewater treatment plant in order to attain compliance with its groundwater discharge permit. The wastewater treatment plant serves the regional High School and the Miles River School. The School District previously was assessed a $15,000 penalty of which $7,500 was suspended pending compliance.

2/2/10: MassDEP entered into a Consent Order with Friendly House, Inc. for Waste Site Cleanup violations in Worcester. Soils impacted with the solvents (tetrachloroethene and trichloethene) were found in excess of the applicable reportable concentrations at this site in 2002. On 2/16/05, MassDEP issued a notice of noncompliance for failure to submit a final response action outcome statement or tier classification within one year. In response to the NON, Friendly House, Inc. submitted a tier classification on 10/25/05, but then failed to submit phase two and three reports within the deadline established. MassDEP issued a second NON on 5/30/08. In response, Friendly House has submitted several proposals and has worked with its licensed site professional to come to an agreement. Today's Order incorporates the negotiated schedule, and contains stipulated penalty provisions should there be any future violations of the newly established deadlines.

2/2/10: MassDEP executed a Consent Order with an $8,630 Penalty involving Lincoln & Mechanic Realty Trust for Waste Site Cleanup violations at its vacant property located at the corner of Lincoln and Mechanic Street in Marlborough. MassDEP audited the closure statement, for this property (the remedy operation status) which included the cleanup activities conducted by the Trust in 2007. MassDEP identified violations which the Trust did not correct in response to a 2007 notice of noncompliance. Specifically, the extent of the release of petroleum was not delineated adequately, the available information did not support the chosen remedy of 'monitored natural attenuation', Further, the MNA was not being conducted consistently with state, federal and industry guidance. The Trust has subsequently undertaken additional assessment to fully delineate and characterize contamination at down-gradient properties. Today's Order requires the Trust to submit a final response action outcome statement by no later than 4/22/10 and to pay $1,500 of the Penalty. The remaining $7,130 will be suspended provided the Trust does not further violate those requirements during the next year.

2/2/10: MassDEP issued $25,000 Penalty Assessment Notices to, Matthew Berard and Kyle Bruyere for Hazardous Waste Management violations in Bellingham. Berard of North Smithfield, RI and Kyle Bruyere of Pascoag, RI, were issued the Penalty for intentionally discharging hazardous waste (waste oil) to the ground in February 2008. The men dumped approximately 30 gallons of oil from an above ground heating oil tank onto the ground at the former Bellingham Drive-in property so that they could turn in the tank for its scrap metal value. The owners of the property were required to retain a hazardous waste cleanup contractor to remediate the spill.

2/1/10: MassDEP was notified that Middlesex Superior Court sentenced the operator of a Framingham auto repair shop who pleaded guilty to issuing state inspection stickers for vehicles that would not have passed their emissions tests. Samuel Bicalho of ZE Carlos Auto Repair admitted that he issued stickers for vehicles he did not inspect on at least four occasions. An Environmental Strike Force investigation found that he would perform an emissions test on one vehicle and then use the results to issue a passing inspection sticker to another that was brought in for inspection. The practice, known as "clean scanning," undermines the purpose of the emissions test, can lead to increased air pollution, and is illegal. Investigators determined that Bicalho, a licensed state inspector, issued the false stickers at his shop or at a nearby restaurant at significant mark-ups. Judge Wendie Gershengorn sentenced him to two years of probation and ordered him to pay the Commonwealth $10,000 for the cost of prosecution. She also barred Bicalho from conducting vehicle inspections during his probation.

January 2010

1/29/10: MassDEP executed a Consent Order with New England Gas Company for Waste Site Cleanup violations at its Fall River facility at 120 Charles Street. In response to a Notice of Delay in Response Action Deadlines submitted by the New England Gas Company, MassDEP determined that the party could not meet the deadlines due to the complexity of the former site. Given manufactured gas plant sites are generally complex in nature, Mass DEP agreed to extend response action deadlines at this site further allowing additional time to assess and remediate the site. MassDEP recognizes that the New England Gas Company has displayed a good faith effort, and a commitment to complete the assessment and cleanup requirements.

1/29/10: MassDEP issued a Unilateral Order and a $48,500 Penalty Assessment Notice to Charles Passage, LLC, for Waste Site Cleanup violations at 110 Second Street in Cambridge. Charles Passage, LLC is the owner of the property, where it has failed to submit an Immediate Response Action Plan and status reports within timelines specified. Also, the failure to submit Phase II and III within two year and a Phase IV within  three years of the effective date. Today's Order requires Charles Passage to return to compliance beginning 2/26/10, and ending 2/6/11, with the submittal of final closure. Charles Passage is also required to pay the Penalty within sixty (60) days from the date of issuance.

1/29/10: MassDEP executed a Consent Order with a $9,000 Penalty involving three transit agencies - Berkshire Transit Management, Inc., First Transit, Inc. and the Berkshire Regional Transit Authority - due to Waste Site Cleanup and Hazardous Waste Management violations in Pittsfield. MassDEP found the aforementioned transit agencies failed to notify MassDEP within two (2) hours of becoming aware of a 40-gallon diesel fuel spill that occurred at 67 Downing Parkway in Pittsfield on 4/17/09 at 7:00 P.M. The release was reported by the operator, Berkshire Transit Management, Inc. (BTM) at 12:00 PM on 4/29/09. In addition, an inspection of the facility after this incident, found that BTM was not registered with MassDEP as a generator of waste oil. However, BTM had been disposing of all waste oil generated via manifest in the correct manner. Prior to execution of today's Order, the transit agencies have since completed all response actions related to the spill. BTM has also registered with MassDEP as a generator of waste oil. In addition to paying the $9,000 penalty for the violations, the transit agencies will retrain all employees on the necessity of reporting and responding to releases of oil and hazardous materials.

1/27/10: MassDEP entered into a Consent Order with a $10,000 Penalty involving Kenneth J. Carroll Jr. for Waste Site Cleanup violations at 77 MacDonald Road in Wilmington. Under the terms of today's Order, Carroll has agreed to timelines for submittal of an Immediate Response Action Status Report, a Tier II Extension submittal, additional Phase Reports and a final Response Action Outcome so as to return this site to compliance. This site has been in the system since 2001. The oil spill resulted from a leaking home heating oil tank and fuel line. MassDEP, by applying the Homeowner Policy, will reduce the payment to $1,000 with $9,000 dollars suspended so long as there are no additional violations. This enforcement action will lead to the cleanup of oil contaminated soils beneath the basement floor of this single-family dwelling.

1/26/10: MassDEP entered into a Consent Order with a $21,400 Penalty involving the West Springfield Public School Department for Asbestos violations. MassDEP found the violations by the West Springfield Public School Department involved the handling and disposal of asbestos. The School Department agreed to implement a Standard Operating Procedure (SOP) that included an asbestos-specific Environmental Management System (EMS) to effect compliance with all federal and state asbestos requirements. MassDEP has agreed to fully suspend the penalty provided the School Department complies with all applicable state, federal or local asbestos regulations for a three-year period.

1/26/10: MassDEP entered into a Consent Order with a $24,400 Penalty involving the Greenfield Public School Department for Asbestos violations. Specifically, MassDEP found asbestos handling violations after the town's Board of Health initially made contact with MassDEP for assistance in dealing with asbestos floor tile disposal. The School Department agreed to implement a Standard Operating Procedure (SOP) that included an asbestos-specific Environmental Management System (EMS) to better effect compliance with all federal and state asbestos requirements. MassDEP has agreed to suspend the penalty provided the School Department complies with all applicable state, federal or local asbestos regulations for a two-year period.

1/26/10: MassDEP executed a Consent Order with a $24,805 Penalty involving the Harvard School of Public Health (HSPH) for Waste Site Cleanup violations at 651- 677 Huntington Avenue in Boston. Specifically, HSPH failed to report to MassDEP a release of approximately 1,200 gallons of liquefied nitrogen that occurred at its Huntington Avenue facility in Boston on 12/23/08. In addition, HSPH failed to conduct necessary Immediate Response Actions expeditiously to respond to the release, which constitutes a violation. HSPH has agreed to pay $9,000 of the Penalty within 30 days and the balance will be suspended pending completion of an Oil and Hazardous Materials spill reporting and response plan within 45 days.

1/26/10: MassDEP executed a Consent Order with a $19,837.50 Penalty involving Linde of North America for Waste Site Cleanup violations at 651-677 Huntington Avenue in Boston. Specifically, the company, which is based in Murray Hill, New Jersey, failed to report to MassDEP a release of approximately 1,200 gallons of liquefied nitrogen that occurred at this facility on 12/23/08. Linde had just completed delivery to storage tanks at this facility. Linde acknowledged the release resulted from a tank overfill by its delivery personnel. Linde will pay $10,000 of the penalty, while MassDEP will suspend the remaining $9,837.50 if Linde develops within 45 days a plan for notifying and responding to releases of oil or hazardous materials.

1/25/10: MassDEP executed a Consent Order with a $7,000 Penalty involving Robert Tracey for Waste Site Cleanup violations at 131 Cambridge Street in Lincoln. Tracey is owner/operator of a gasoline station site at the address where he had hired a contractor to conduct excavation activities to remove a septic tank within an area of contaminated soil without first submitting a Release Abatement Measure (RAM) Plan as required. Tracey agreed to the payment of a $5,750 in three installments over the course of a year, with an additional $1,250 Penalty suspended pending completion of all activities required.

1/22/10: MassDEP Commissioner Laurie Burt issued a Final Decision accepting a Settlement Agreement relative to the case of Jennifer M. Cook Company, Inc. for Air Quality violations in Upton. Today's decision resolves the appeal of a $32,197 Penalty to the Upton-based landscaping operation issued on 6/19/09. The Penalty was issued as a result of the inability to reach a negotiated settlement involving violations of Air Quality and Solid Waste Management violations after a June 2007 fire at the facility. Under the terms of today's Final Decision, the company will comply with all applicable environmental regulations, pay a $5,500 Penalty and conduct/perform a Supplemental Environmental Project valued at $16,500. Under this SEP, the company will purchase items for the town of Upton including: a defibrillator, playground mulch and additional materials or services up to that amount.

1/22/10: MassDEP executed a Consent Order with a $3,800 Penalty involving Safety-Kleen Systems, Inc. for Air Quality and Hazardous Waste Management violations at 90 Rabbit Road in Salisbury. MassDEP found violations included an improperly labeled hazardous waste container, missing a weekly inspection, and not having air records up to date as required by its plan approval issued by MassDEP. Safety-Kleen was cited for similar violations in a Notice of Noncompliance issued in October of 2006. Safety-Kleen Systems, Inc. has agreed to pay $3,150 with $650 suspended pending a one-year compliance period.

1/21/10: MassDEP issued a Unilateral Order to Om Temple, Inc. for Wetlands violations on Boston Road in Billerica. Pending review of a request for a Superseding Order of Conditions to construct a project on the site, work was initiated and performed on the property in the buffer zone that included clearing of vegetation, construction of a large tent platform and laying down gravel for parking. MassDEP discovered the activity when responding to a complaint and issued a cease and desist in June 2009. Today's Order requires the removal of gravel, restoration of vegetation, control of invasive species and continued monitoring. The Temple will pay $1,000 of the Penalty with the remaining $1,000 suspended pending compliance.

1/21/10: MassDEP issued a Notice of Intent to Assess a $20,400 Civil Administrative Penalty to Cliff Fogg of Millbury for Asbestos violations observed during an inspection of a project that Fogg conducted at the AM Castle and Company facility located in Worcester.

1/20/10: MassDEP entered into a Consent Order with a $10,750 Penalty involving Paradigm Design-Build, LLC, for Wetlands violations in Hadley. Paradigm Design-Build, LLC, obtained a Superseding Order of Conditions for the construction of a retail store in Hadley. However, Paradigm Design-Build, LLC was found to have exceeded the Order by filling 907 square feet of bordering vegetated wetlands along Route 9. Paradigm must restore areas impacted by the unauthorized construction by no later than 5/31/10 and submit an "as built" site plan.

1/20/10: MassDEP executed a Consent Order with a $109,464 Penalty involving Cuming Corporation for Air Quality and Hazardous Waste Management violations at its facility in Avon. Cuming Corporation and its subsidiary Cuming Microwave Corporation were found to have violations and submitted a self-disclosure letter. A multi-media inspection by MassDEP in response confirmed that the operation failed to install a regenerative thermal oxidizer after meeting criteria required by their plan approval. This caused an exceedence of volatile organic compounds and hazardous air pollutants emission limits identified in their plan approval, and exceeded raw material usage limits and began construction of an expanded production line without the required plan approval prior to operation. The facility also accumulated a drum of hazardous waste in excess of the 180-day period of accumulation and had hazardous waste management violations related to labeling, training, weekly inspections and emergency contact lists. Today's Order ensures compliance with the requirements.

1/19/10: MassDEP entered into a Consent Order with a $3,000 Penalty involving Impresair Environmental for Asbestos violations at 1066 Cambridge Street in Cambridge. MassDEP responded to a complaint of improper asbestos removal at this address on a Friday night. During the initial inspection MassDEP personnel were unable to gain entry into the site. A follow-up inspection was conducted the next morning (Saturday) by MassDEP. MassDEP observed violations of the asbestos regulations which resulted from Impresair's personnel improper asbestos abatement techniques. Impresair has agreed to pay $1,500 of the Penalty with the remaining $1,500 suspended pending compliance for a one-year period.

1/19/10: MassDEP executed a Consent Order with a $4,375 Penalty involving Weld Power for Hazardous Waste Management violations in Auburn. The company was found to be violating numerous requirements with regard to hazardous waste generation and management. The company generated more waste oil than allowed under its registered status, failed to properly mark and label hazardous waste containers, failed to retain adequate inspection logs, failed to proved adequate secondary containment, and failed to properly delineate and provide adequate signage at its waste oil storage area. The company has already initiated corrective actions and has agreed to fully comply with all applicable regulations.

1/19/10: MassDEP entered into a Consent Order with a $3,500 Penalty involving the Town of Spencer for Wetlands violations on Depot Trail off South Spencer Road in Spencer. The Spencer DPW had obtained an approval to conduct work in the area where Depot Trail crosses Cranberry River. MassDEP, however, inspected the work area, and observed that activities were conducted beyond what was allowed in its approval. The violations resulted in the breach of the adjacent beaver dam and exposed Land Under Water. Today's Order requires placement of controls to prevent soil erosion and maintain re-filling of the beaver pond. The Spencer Highway Department will attend a wetlands workshop and prepare a generic Notice of Intent for future roadway and culvert maintenance activities, as part of today's Order. MassDEP agreed to fully suspend the $3,500 Penalty pending compliance including 50 linear feet of 'stream bank' and 2,500 square feet of 'land under water' to be restored.

1/19/10: MassDEP entered into a Consent Order with a $6,000 Penalty involving Saint Mark Coptic Church for Wetlands violations at their facility, the Holy Virgin Mary Spiritual Vineyard Retreat Center, located on Gould Road in Charlton. MassDEP identified alteration of a stream bank from the drawdown of Wee Laddie Pond and construction of a roadway on the site that altered bordering vegetated wetlands. The activities were conducted without a permit from MassDEP or the Charlton conservation commission. Today's Order requires the facility to obtain an order to properly manage water levels in the pond, complete restoration of the altered wetland in accordance with the approved plan, and comply with the requirement of the Department of Conservation and Recreation's Office of Dam Safety regarding inspection and maintenance of the dam on Wee Laddie Pond. This action will result in the restoration of the altered area.

1/19/10: MassDEP executed a Consent Order with a $54,937.50 Consent Order with ALCS of South Carolina for Asbestos violations in Southborough. During an inspection in July 2008, MassDEP determined the violations occurred during a scrap metal salvage operation conducted by the company at the former Allied Cold Storage property in Southborough. Under the terms of the settlement the company will pay $15,000 of the Penalty with the additional $39,937.50 of the Penalty suspended due to the company's small business status, but provided no further violations occur over the next year. In a previous, but related, matter the property owners (Equity Industrial Allied South LLC, Equity Industrial Allied South Limited Partnership, South Shore Allied South LLC) have already entered into a Consent Order with MassDEP in April 2009 that required payment of a $48,648.00 Penalty.

1/19/10: MassDEP entered into a Consent Order with a $4,350 Penalty involving Brendon Properties Three, LLC for Asbestos violations in Westborough. The company failed to notify MassDEP on an asbestos removal project it conducted in May 2009. Brendon Properties dismantled a greenhouse containing asbestos-containing transite panels on a property that it owns in Westborough. However, the company self reported its violation. Under the terms of the settlement, the company will pay $1,000 with the remaining $3,350 Penalty suspended provided that they have no further violations for one year.

1/19/10: MassDEP executed a Consent Order with the Williamsburg Water Department (the Board of Water Commission) in Williamsburg for Water Supply violations. The violations concern repeated detection of total coliform in its distribution system. The Order includes response requirements should there be any additional exceedence of total coliform standard before December 2010.

1/19/10: MassDEP entered into a Consent Order with a $1,500 Penalty involving Charlton Housing Authority to correct violations of the Safe Drinking Water Act that are occurring at their public housing complex on 1 Meadowview Drive in Charlton. Review of monitoring information by MassDEP has determined that the water supply source serving this location exceeded the allowable limit for combined radium. Today's Order provides an enforceable schedule for the facility to connect to a municipal public water line or provide treatment to the on site water supply to correct this violation. Today's Order also requires the facility to continue to provide bottled water to the residents for drinking and post public notice regarding the contamination until the problem is corrected. MassDEP has agreed to fully suspend the Penalty pending compliance with the Order. This action will ensure that approximately 50 residents served by this Public Water Supply will continue to receive water that is safe and fit to drink.

1/15/10: MassDEP concluded a Consent Order with the Massachusetts Foundation for Learning Disabilities, Inc., operators of the White Oak School in Westfield, concerning repeat detention of total coliform in its distribution system. Today's Order requires specific response requirements should there be any additional exceedence before December 2010.

1/15/10: MassDEP issued an $11,566 Penalty Assessment Notice relative to Waste Site Cleanup violations at the Pan Am Railways Yard in Deerfield. MassDEP issued the PAN to Boston and Maine Corporation, and the Springfield Terminal Railway Co. for failure to comply with a previous Consent Order which became effective 6/11/09, and required certain corrective measures. Today's Penalty was assessed due to the submittal of a final Response Action Outcome, which did not meet performance standards and was based on information not related to the subject site. Also, the submittal of phase reports for another release which did not meet performance standards; and, failure to comply with its Public Involvement Plan requirements for both sites as established in the 6/11/09 Consent Order. MassDEP has notified the parties it will be rejecting the submittals and establishing deadlines for revised reports in an Amendment to the Consent Order.

1/14/10: MassDEP entered into a Consent Order with a $5,000 Penalty involving the J & J Construction for Wetlands violations in Hadley. MassDEP determined the violations occurred in connection with the filling of 907 square feet of bordering vegetated wetlands along Route 9 in conjunction with the construction of the entrance to a retail outlet. In addition to the Penalty, J & J must develop a written work protocol for all site construction works that will eliminate or minimize the risk of any similar violations in the future.

1/14/10: MassDEP executed an Amendment to an existing Consent Order with June Sheridan for Waste Site Cleanup violations in Wakefield. The amended Order extends the timeline for submittal of a final Response Action Outcome. The extension is needed due to a non-aqueous phase liquid condition. This detection requires additional assessment and remediation in order to complete the project. This site has been in the system since 1989.

1/14/10: MassDEP issued a $32,100 Penalty Assessment Notice to Cleanouts, Inc. for Asbestos violations at 518 East Sixth Street in South Boston. MassDEP responded to a complaint of illegal asbestos removal at at this address where Cleanouts was engaged in illegal asbestos removal and demolition of an old, school building at the site. The building was being developed into residential condominiums. During the inspection MassDEP personnel observed multiple violations of MassDEP's asbestos regulations. As a result of the violations observed at the site by MassDEP personnel cleanouts has been assessed a $32,100 Penalty. MassDEP made several unsuccessful attempts to meet with Cleanouts Inc. prior to issuing today's Penalty.

1/13/10: MassDEP executed a Consent Order with a $2,500 Penalty involving Cloots Auto Body for Air Quality violations in Westfield. MassDEP determined the company engaged in open burning of solid waste at its facility in Westfield on 5/29/09 as thick black smoke was emanating from the facility. A subsequent response by the Westfield Fire Department confirmed that Cloots' personnel were burning old rugs and other debris. According to the Westfield Fire Department, Cloots had conducted open burning at its facility on several occasions. As part of the Order, Cloots has agreed to pay $750 of the Penalty with the remaining $1,750 suspended pending full compliance.

1/13/10: MassDEP entered into a Consent Order with a $2,500 Penalty involving Preventive Maintenance Specialties for Industrial Wastewater and Hazardous Waste Management violations at its Dollar Avenue facility in Wilbraham. MassDEP inspected the facility and found an unpermitted industrial wastewater discharge through a septic system to the ground. In addition, the company had improper hazardous waste registration, as well as storage and labeling violations. 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 today's Order, Preventive Maintenance Specialties has agreed to pay $1,500 of the Penalty. An additional $1,000 was suspended pending the company's compliance.

1/13/10: MassDEP executed a Consent Order with a $1,000 Penalty involving Staples, Inc. for Air Quality violations at 655 Andover Street in Lawrence. The company failed to respond to a Notice of Noncompliance that was issued to the Staples, Inc. (Lawrence facility) regarding its operation of an emergency generator that was installed at the facility. Under today's Order, Staples, Inc. is required to provide an appropriate exhaust stack on the above-referenced generator, begin to record adequate operational records, and complete emission statements for the facility.

1/13/10: MassDEP entered into a Consent Order with a $32,000 Penalty involving Trinity Green Development, LLC for Asbestos violations at 518 East Sixth Street in South Boston. MassDEP responded to a complaint of illegal asbestos removal at this address where Trinity was engaged in the development of an old, school building into residential condominiums. During the inspection MassDEP observed violations of MassDEP's asbestos regulations. Trinity will pay $15,000. of the Penalty and MassDEP has agreed to suspend $17,000 of the Penalty provided no further violations occur for a period of one year.

1/12/10: MassDEP executed a Consent Order with $6,900 Penalty involving the town of Chesterfield for Water Supply violations in Chesterfield. The Town of Chesterfield made unapproved changes to this, a public water system. Today's Order includes options to return to compliance and payment of $750. MassDEP has agreed to suspend $6,150 provided the town complies with the Order.

1/12/10: MassDEP entered into a Consent Order with a $5,750 Penalty involving Gennari's Mill Pond Trailer Park in West Stockbridge. The owners of the Park have agreed to address its failure to comply with drinking water regulations, specifically steps taken in response to a water supply emergency. Today's Order includes actions to improve emergency preparedness and response(s), and further to explore the possibility of establishing a connection to a municipal water supply nearby. The full Penalty is suspended pending compliance with the Order.

1/12/10: MassDEP entered into a Consent Order with a $3,970 Penalty with the town of Brewster for Solid Waste violations at its transfer station and landfill located at 201 Run Hill Road in Brewster. The town of Brewster failed to submit their transfer station's annual report for 2008 calendar year and failed to perform soil-gas monitoring for the second, third and fourth quarters of 2008. The town of Brewster has agreed to comply with all applicable regulations in the future. MassDEP has agreed to suspend the entire Penalty provided that the town of Brewster completes a Supplemental Environmental Project (SEP). Under this SEP, the town will perform an energy audit of the town's Public Works building. The energy audit will include recommendations for energy efficiency measures with their costs and estimated energy savings (heating improvements, insulation, lighting upgrades, etc.). The SEP will also include implementing those audit-identified measures.

1/12/10: MassDEP issued a $6,000 Penalty Assessment Notice to Environmental Source Corporation for Asbestos violations. In Boston and Lawrence. MassDEP personnel observed that Environmental Source Corp was in violation of the asbestos regulations at both locations. As a result of the noncompliance observed MassDEP conducted an enforcement conference with Environmental Source. MassDEP attempted to reach a negotiated settlement with Environmental Source, but the contractor failed to respond to several communication attempts. MassDEP issued today's Penalty as a result of the violations observed in Lawrence and Boston.

1/11/10: MassDEP collaborated with Mass Environmental Police, the Southbridge Police Department, and Southbridge Board of Health (Recycling Coordinator) from Nov. 2009 to January 2010 to address a series of illegal dumpings on Fisheries and Wildlife-owned land in Southbridge. The illegal dumping involved household items (air conditioner, TV) and other debris. Surveillance cameras caught three dumping incidents with identifying license plate numbers on film. Penalty citations totaling $600 to two of the alleged violators have been issued, with a third action against another individual pending.

1/11/10: MassDEP Commissioner Laurie Burt issued a Final Decision resolving an appeal by Accutech Insulation & Contracting, Inc. of a $3,000 Penalty for Asbestos violations in Worcester. As a result, this Ludlow-based, licensed asbestos removal contractor was ordered to pay the Penalty. MassDEP originally issued a Notice of Intent to Assess a Civil Administrative Penalty in the amount of $3,000 in January of 2009 as a result of violations that occurred at a removal project at the North High School in Worcester.

1/7/10: MassDEP executed a Consent Order with a $28,860 Penalty involving Landry's Automotive for Air Quality violations at 371 Acton Road in Chelmsford. Landry's is an automotive service station that dispenses gasoline and conducts automotive towing and service. As a result of a referral from the vapor recovery (Stage II) program in Boston, MassDEP inspected the facility and determined the facility to be in noncompliance, specifically for auto body refinishing (air quality)and for accumulating and storage of waste oil and hazardous waste. The facility also had two floor drains which represented a failure to comply with the Underground Injection Control regulations. MassDEP has fully suspended the Penalty due to financial hardship but requires Landry's to correct all its violations and complete the work as required.

1/7/10: MassDEP issued a $7,000 Penalty Assessment Notice to MEZ Realty Inc. (a/k/a Lakeside Trailer Estates) for Water Supply violations in Mashpee. MassDEP found multiple violations (seven events at $1,000 each) of the Drinking Water Regulations of Massachusetts, low water pressure. MEZ Realty operates a mobile home park in Mashpee Massachusetts that is served by a privately owned public water supply system. The subject public water supply system has failed to provide water service with a minimum residual water pressure at street level of at least 20 pounds per square inch on multiple occasions resulting in complaints to MassDEP by residents of the Mobile Home Park.

1/6/10: MassDEP issued a unilateral cease-and-desist order to Larry Nelson for wetlands violations in Hubbardston. MassDEP issued the Order for the illegal removal, or tree cutting, on state property. Today's Order requires Nelson to cease and desist from further wetland violations and to hire a wetlands specialist to develop a restoration plan.

1/5/10: MassDEP Suspended the Hazardous Waste Transporter License of Buffalo, New York-based "Price Trucking Corporation", License # 217. The licensee failed to comply with MassDEP's December 2009 order to submit overdue monthly operating reports, quarterly transporter fee reports and associated fee payments. MassDEP had previously suspended Price Trucking's license in October 2008 for failing to pay overdue transporter fees. MassDEP reinstated the license after the company paid in full, but Price has now failed to keep up with required reports and fee payments resulting in today's Suspension.

1/4/10: MassDEP executed a Consent Order with the town of Nahant for Waste Site Cleanup violations at of property at Bass Point Road in Nahant. The town is the owner/operator of the property (a town park) and was formerly a part of an armed services base. The specific violations were failure meet cleanup deadlines. MassDEP had previously sent a Notice of Noncompliance on 9/3/09 relative to the failure. As a result of today's Order the town is required to submit a phase three report by no later than 3/10/10, a phase four report by 6/10/10 and a final response action outcome by 12/10/11. Today's Order also contains stipulated penalties for any missed deadlines.

1/4/10: MassDEP executed an amended Consent Order with George Brewster for Waste Site Cleanup violations at 111 Penn Street in Quincy. Today's Order extends the timeline for submittal of a Response Action Outcome. The extension date of 2/20/10 is needed due to a delay in the construction schedule for the asphalt paving work which is to serve as a "Protective Cover" to reach a level of No Significant Risk. This site has been in the system since 2002.