December 2011

12/29/11: MassDEP executed a Consent Order with a $3,300 Penalty involving Gregory J. Bruett for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead.  Bruett is the owner of the property where MassDEP has determined there has been a failure to meet cleanup deadlines set out in a prior Consent Order.  Today's Order requires an Immediate Response Action status report by 2/10/12. Also, a phase two assessment report by 7/10/12 a phase three remedial options report by 9/30/12; a phase four remedial selection by 12/30/12 and a final response action outcome by 9/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.

12/29/11:  MassDEP issued $500 Penalty Assessment Notices to certain non-reporting dentists.  These 69 dental practices and clinics across Massachusetts all failed to re-certify during 2010 that they had installed and were using amalgam separator systems to divert waste mercury from their wastewater discharges so it can be safely recycled. These facilities, along with 140 others, received MassDEP notices of noncompliance (NONs) for their violations last summer.  Back in 2005, a total of 1,600 dental practices submitted voluntary certifications to MassDEP and were subsequently required to re-certify in 2010 (and every five years thereafter when the agency made the certification program mandatory). Dental amalgam mercury recycling is effective at keeping the toxic heavy metal out of the environment.  In 2007, the Massachusetts Water Resources Authority (MWRA) reported that during the first year of the voluntary program alone, mercury levels in Boston area wastewater sludge dropped by half.

12/28/11: MassDEP entered into a Consent Order with a $9,700 Penalty involving Carlos Vinyl Siding for Asbestos violation at 483 Brock Avenue in New Bedford.  MassDEP determined that Carlos Vinyl Siding was in noncompliance pertaining to Asbestos regulations by not filing notification with MassDEP for the removal of asbestos containing material (ACM) and for not containerizing asbestos-containing material at this location.   Under application of MassDEP's small business policy, $7,700 of the Penalty is suspended.

12/28/11: MassDEP entered into an Amendment to an existing Consent Order with Camp Kinderland for Water Pollution Control violations in Tolland.  MassDEP amended the Order to allow additional time to complete upgrades of the Camp's subsurface disposal systems at this summer camp.  A portion of these disposal systems at the Camp have already been replaced within the required time frame and the amendment allows for additional time to complete the remaining upgrades.

12/22/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving Bear Hill Estates, LLC, involving Wetlands violations in Rutland. MassDEP found that violations occurred during construction activities at the Bear Hill Estates residential subdivision.  MassDEP inspected the property and identified inadequate erosion and sedimentation controls resulting in alteration of bordering vegetative wetlands (BVW) and a stream on the property.  A Unilateral Order was originally issued by MassDEP in August of 2011, requiring the owners to hire a wetlands scientist to assess the impact and submit a remediation plan to MassDEP for approval.  Under the terms of today's Order, the owners have agreed to prevent further violations, continue stabilization of the site, remove the remaining sediment from the BVW and complete construction of stormwater diversion structures.   Today's Order also requires the owners to maintain all stormwater management structures to prevent sediment discharges to adjacent BVW.  This action will result in restoration of 2,000 square feet of BVW.

12/22/11: MassDEP entered into a Consent Order with Leominster Properties, LLC involving Wetlands violations at 198 New Lancaster Road in Leominster.  Leominster Properties LLC, is based in Delaware and has a local office in Newton, Massachusetts.  The LLC has agreed to resolve the violations that occurred during construction activities occurring on its property.  MassDEP conducted an inspection of the property and observed large amount of sediment deposited throughout Old Mine Brook, the Nashua River, and surrounding wetland resource areas.  The sediment release and subsequent alterations to wetland resource area was caused by the collapse of an on-site stormwater infiltration basin.  Under today's Order, the company has agreed to prevent any future unpermitted discharge of fill or sediment from the site and to perform a Supplemental Environmental Project (SEP).  During initial discussions with the LLC, the company made permanent repairs to the infiltration basin and completed wetland resource area restoration activities.  The SEP, valued at $82,500, will fund the installation of three rain gardens, four infiltration trenches, and erosion controls for discharges along Old Frog Stream in Leominster. The goal of this SEP is to improve water quality in the stream and the Nashua River.   This action will result in restoration of one acre of bordering vegetated wetland, 1,000 feet of stream bank, one acre of riverfront area; and 5,000 square feet of land under water body.

12/21/11: MassDEP entered into a Consent Order with LKQ Route 16 Used Auto Parts, Inc., for Wetlands violations in Webster. LKQ is located at 4 Old Douglas Road in Webster where the violations occurred during operations at its facility.  MassDEP inspected the property and observed sediment-laden stormwater discharge from this site into Browns Brook. This action was in violation of the local Conservation Commission approval (permit).  MassDEP subsequently issued a Unilateral Order had been in April of 2010 requiring the owners to immediately take steps to cease the discharge, maintain effective erosion controls, and comply with the Order of Conditions.  As a result of enforcement discussions, today's Order requires the owners to submit a final comprehensive stormwater plan for approval and implementation, and to monitor any rainfall events to prevent further discharges to the Brook.  This action will result in protection of land under waterbody - Browns Brook and Webster Lake.

12/21/11: MassDEP entered into a Consent Order with an $860 Penalty involving Warner Brothers, LLC for Air Quality violations in Sunderland. The LLC has failed to address a deficiency, specifically, not submitting an annual Air Quality emissions reports for calendar years 2009 and 2010, as required by its permit.  In addition to paying the Penalty, the company agreed to correct the violations and take steps to prevent a reoccurrence of the violations.

12/21/11: MassDEP entered into a Consent Order with an $860 Penalty involving Industrial Etching, Inc. for Air Quality violations in East Longmeadow. The company failed to address a deficiency, specifically, not submitting an annual Air Quality emissions report for calendar years 2009 and 2010, as required by its permit.  In addition to paying the Penalty, the company agreed to correct the violations and take steps to prevent a reoccurrence of the violations.

12/20/11: MassDEP entered into a Consent Order with an $11,600 Penalty involving Berkshire Valley Auto Works for Hazardous Waste Management violations in North Adams.  The facility is the operator of a NAPA Auto Parts Store.  MassDEP found the discharge of sanitary sewage to the Hoosic River and violations of Hazardous Waste regulations.  Berkshire has corrected the discharge issue and is addressing the violations. MassDEP has agreed to suspend $9,600 contingent upon compliance.  

12/19/11: MassDEP entered into a Consent Order with a $30,000 Penalty involving BMC Realty Trust for Waste Site Cleanup violations at 58 Rear Pulaski Street in Peabody.  The Trust is the owner of the property where the specific violations included failure to submit the phase two (assessment) by the deadline established in a Consent Order regarding this cleanup as signed on 7/14/11.  New deadlines have now been established to bring this site back into compliance with the submittal of phase two and three (assessment and cleanup options) by 3/30/12.  A phase four (remedy implementation plan) must be submitted by 8/6/12. There is also a final response action outcome statement and remedy operation status by 12/31/12.  MassDEP has agreed to suspend $26,000 of the Penalty pending completion of these actions.

12/15/11: MassDEP entered into a Consent Order with a $6,500 Penalty involving Jack & Ingeborg Myers for Wetlands violations at 6 Queen Street in Newburyport. The Myers are the owners of the property where the specific violations involved working in a wetland resource area, a coastal dune on a barrier beach. This work had been initiated without having first filed a notice of intent or obtaining an order of conditions (permit).  Today's Order requires the submittal of a plan to restore approximately 1,225 square feet of coastal dune to its original condition and a schedule for the work to be done, and the completion of the restoration work by 6/30/12.  A five-year monitoring plan is required, with yearly reporting to MassDEP.  Under today's Order, the Myers will pay $500 and $6,000 suspended pending compliance.

12/14/11: MassDEP entered into a Consent Order with ArtCam Realty LLC for Waste Site Cleanup violations at 97-103 Holmes Street in Quincy.  As owner and/or operator of the property the violations found were failure to meet deadlines already established in a Notice of Noncompliance issued by MassDEP on 6/18/09. The NON also contained interim deadlines which were not met.  Today's Order requires a Release Abatement Measure status report by 2/15/12, and a tier two (cleanup) permit extension submitted by 11/2/12. Also, a phase two (assessment) report, and - if applicable - a phase three report by12/30/12.  Finally, a phase four report by 4/1/13, and a final response outcome statement by 12/28/13 will also be submitted. Today's Order contains a stipulated penalty provision for any missed deadlines.

12/14/11: MassDEP entered into a Consent Order with $7,475 Penalty involving the Freetown/Lakeville Regional School District in Lakeville. MassDEP found the District exceeded the permit effluent violations at their on-site wastewater treatment facility. This represents a violation of the Massachusetts Clean Water Act and the state Groundwater Discharge regulations.  The effluent is being discharged into the interim wellhead protection area (zone two) of the public water supply well that supplies the school complex.  Today's Order requires the District to hire an engineer to begin the design of modifications to the existing wastewater treatment facility in order to meet their Groundwater Discharge permit.  MassDEP has agreed to suspend the entire penalty amount.

12/14/11: MassDEP entered into a Consent Order with a $10,345 Penalty Patricia Luttrell as Trustee of Union Street Realty Trust for Storyville Preschool for Waste Site Cleanup violations. The Trust owns the property at 97 Union Street where violations cited include the failure to support conclusions of the phase two site assessment report and performing an immediate response action (and first submitting and obtaining approval to undertake those measures).  Today's Order requires a revised phase two by 3/30/12. Further, if warranted, a revised phase two, a revised phase three (remedial options), and a revised phase four (selecting remedial options) by 4/30/12.  Under today's Order, the Trust will pay $2,500 with $7,845 suspended and a stipulated penalty provision for any missed deadlines.

12/13/11: MassDEP entered into a Consent Order with Franklin Building & Development Corporation for Waste Site Cleanup violations at 480 Mount Pleasant Street in New Bedford.  The party failed to maintain a phase five remedy operation status at the site as required. Today's Order establishes a deadline for submitting a final response action outcome in full accordance with the state regulations.  

12/13/11: MassDEP entered into a Consent Order with McGee Pembroke LLC, for Waste Site Cleanup violations at 860 Washington Street in Hanover. The facility failed to comply with deadlines established in a previously-issued notice of audit findings/notice of noncompliance in which MassDEP had identified violations. Those violations were the specific requirements applicable to the submittals regarding this property and the final response action outcome and activity & use limitation attached to this site. Today's Order establishes a deadline of 2/2/12 for correcting the violations noted in the NOAF/NON.

12/9/11: MassDEP entered into a Consent Order with Sligo Realty Company, LLC for Water Supply violations at this public water system Belchertown. Sligo is the owner of the Washington Acres community public water system in Belchertown.  Today's Order addresses the repeated exceedances of the maximum contaminant level for total coliform bacteria.

12/8/11: MassDEP, in a joint enforcement action with the Registry of Motor Vehicles (RMV) executed settlement documents with Richard Falvey, d/b/a Hyannis Mobil Service Center, regarding fraudulent vehicle inspections conducted in 2010 at its facility on 1449 Iyannough Road in Hyannis. Hyannis Mobil will pay a $5,000 Penalty.  Additionally, in a Last-Chance-Agreement with RMV, Hyannis Mobil has agreed to a two-year suspension of its inspection license, with four weeks of that suspension having been served.  Henceforth, any violation of the LCA could result in complete revocation of the inspection license.  

12/8/11: MassDEP entered into a Consent Order with Greenwood Music Camp, Inc. for Water Supply violations at this public water system in Cummington. The Camp is the owner of a transient non-community public water system located in Cummington.  The Camp has agreed to address the repeated exceedances of the maximum contaminant level for total coliform bacteria.  Today's Order further includes provisions for future installation of disinfection in response to additional exceedances.  

12/7/11: MassDEP issued a $12,100 Penalty Assessment Notice and Unilateral Order to Robert Hurtubise for Wetlands violations in Templeton. Hurtubise, representative of 101 Rentals Inc., was issued the Notice for violations of the Wetlands Protection Act that occurred on his property at 265 Gardner Road in Templeton.  No permits were issued for the construction activities that MassDEP alleges occurred within the wetland resource area of this property.  MassDEP and Hurtubise were unable to reach agreement regarding a proposed Consent Order to correct/resolve these violations.  Today's Order seeks the restoration or replication of 5,000 square feet of Riverfront Area.

12/7/11: MassDEP issued a Unilateral Order to Larry Gavini and Jeanette Sabin-Gavini for Wetlands violations in Northborough. MassDEP's Order requires the individuals to cease the violations occurring at 21 Fernbrook Road in Northborough.  MassDEP personnel conducted an inspection of the property at the request of the Northborough Conservation Commission and observed alterations of bordering vegetated wetlands and stream bank occurring.  No permits had been issued by the Northborough Conservation Commission for work in this area.  Today's Order requires the parties to stop all activities within 100 feet of wetland resource areas and prevent further violations of the Wetlands Protection Act.  They are also required to hire a wetlands specialist to assess the damage and submit a plan to restore the altered wetlands.  Additional enforcement with penalty assessment is anticipated.  

12/7/11: MassDEP entered into a Consent Order with a $27,500 Penalty involving Whalley Properties, Inc. for Wetlands violations in Southwick. Whalley has agreed to resolve violations at 700 College Highway in the Town of Southwick. Whalley operates a tobacco farm at this site.  In the late fall and winter of 2010, the respondent placed 535 feet of "Slab Brook", a tributary of Great Brook, into a culvert, and then placed fill over the culvert.  In addition, this work was done within at least one-half acre of associated bordering vegetated wetlands.  The intent was to link two cultivated fields which were separated by Slab Brook.  The Respondent conducted this work without any of the requisite permits.  Once contacted by MassDEP, the respondent voluntarily retained a consulting firm and worked with MassDEP and the US Department of Agriculture to develop a plan to remove the culvert and fill away from resource areas, and restore the altered resource areas. The respondent will also install a proper agricultural crossing which complies with the "Massachusetts River and Stream Crossing Standards" and has agreed to place an irrevocable and perpetual trust on over 30 acres of resource areas associated with Great Brook.  This is the area which is part of a parcel of land owned individually by the principle of Whalley and his spouse.  Portions of that parcel are being developed into athletic fields with an intended donation of the completed park to the Town of Southwick.   Based upon the protection afforded to resource areas in this Consent Order, MassDEP has agreed to suspend the entirety of the Penalty for this violation, pending compliance.

12/5/11: MassDEP issued a Do Not Drink Order to Old Farm Road Water Trust , a public water system, in Dover.  The Drinking Water issued the Order to the Old Farm Road Water Trust due to perchlorate in the drinking water that was found in a routine sample collected on 11/16/11.  A sample of the bedrock well contained 2.51 micrograms per liter (ug/L) of perchlorate.  A confirmation sample was collected on 11/30/11, which came back containing 2.18 ug/L of perchlorate.  Under the state drinking water standard, the maximum contaminant level for perchlorate is 2.0 ug/L.  During the resample of 11/30/1, a separate collection of the raw well water was also tested prior to pH adjustment treatment; this sample contained 2.16 ug/L of perchlorate.  Today's Order requires the water system to notify the water consumers that pregnant women, nursing mothers, infants, children up to the age of 12, and persons with hypothyroidism should not consume the drinking water.  The water system is presently evaluating options to mitigate the contamination.  The source of the perchlorate is not yet known.

12/5/11: MassDEP issued a Boil Water Order to Century Sportsman's Club, Inc. in Auburn. The Order was issued to the owner and operator of this transient non-community public water system that serves the Century Sportsman's Club located at 529 Rochdale Street in Auburn.  The water system had been issued a Boil Order on 9/12/11 that was terminated on 9/14. The most recent incident prompted today's Order which was required when the water system again notified MassDEP on 11/30 that a routine bacteria sample collected on 11/28 confirmed positive for total coliform and negative for E.coli bacteria.  Three of four repeat samples collected on 12/2 were confirmed positive for total coliform and positive for E.coli bacteria.  This event triggered drinking water regulatory provisions of the total coliform rule, including immediate notification to the public and local officials.   MassDEP verbally informed the water system of its regulatory requirements and directed them to notify it's consumers to boil the water before drinking or consume water from an alternative source, provide additional disinfection, submit an emergency response report, evaluate the cause of the contamination, and take corrective actions. The written Order was subsequently issued to the water system.  This action will help insure that the people served by them will receive water that is pure and fit to drink.  

12/2/11: MassDEP entered into a Consent Order with the Town of Barre for Wetlands violations at 140 Union Street in Barre. The violations occurred during construction activities by the town's Building Department at 140 Union Street in Barre.   MassDEP inspected the property and observed the demolition and removal of buildings at this location, occurring in the riverfront area, bank, and buffer zone of Dick's Brook.  Work was conducted without the placement of appropriate erosion controls, and without having first filed with the Barre Conservation Commission and obtaining the required permits or approvals.   Under today's Order, the town has agreed to obtain the necessary permits and install erosion controls.  

12/2/11:  MassDEP Issued a Unilateral Order to the D. Francis Murphy Insurance Agency, Inc. for Water Supply violations at 737 Main Street in Bolton. The company is the owner and operator of a transient non-community public water system (PWS) that operates at this facility. The water system had been issued a Boil Water Order on 10/12/11 that was terminated on 10/14/11.  Another Order was subsequently required when the water system again notified MassDEP on 11/29 that two distribution bacteria samples collected on 11/28 confirmed positive for total coliform and negative for E.coli bacteria.  Repeat sampling confirmed the presence of total coliform and E. coli bacteria in the system.  This event triggers drinking water regulatory provisions due to the Total Coliform Rule. This includes immediate notification to the public and local officials.  MassDEP verbally informed the water system of its regulatory requirements and directed them to further evaluate the cause of the contamination, take corrective actions, and notify it's consumers to boil the water before drinking or consuming water from an alternative source.  This action will help insure that the approximately 50 persons served will continue to receive water that is pure and fit to drink.

November 2011

11/30/11: MassDEP entered into a Consent Order with an $114,400 Penalty involving the City of Lynn for Asbestos violations. The City is owner of several public buildings where asbestos abatement occurred. MassDEP determined during an investigation that Lynn had contracted with AEI to perform asbestos abatement at the Lynn Public Library, the Marshall School, a Fire Department building, and the Lynn Woods School in Lynn.  MassDEP further determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and the City of Lynn had failed to notify MassDEP of asbestos abatement on six occasions at the four sites.  In addition, the City of Lynn personnel performed improper asbestos removal at the Fecteau Leary School in Lynn without notifying the Department as required by the regulations. As a result of the violations, Lynn will pay $10,000.  Lynn will also perform a Supplemental Environmental Project ("SEP") with a value of $30,000 in which the City of Lynn will have asbestos inspections conducted at fifteen city-owned buildings. The remaining $71,400 will be suspended for a period of one year.  

11/29/11: MassDEP executed a Consent Order with a $7,500 Penalty involving Gary Nardi in connection with the unpermitted filling of 4,184 square feet of bordering vegetated wetlands at a farm operated by Nardi in Agawam.  The local Conservation Commission discovered the violation in 2005, issued a cease and desist order, however, no additional action was taken at that time.  MassDEP learned of this unresolved fill violation, during the permitting process of new work at the site.  Nardi has agreed to construct a bordering vegetated wetlands replacement area.  The entire penalty will be suspended provided the replacement area is constructed.

11/29/11: MassDEP executed a Consent Order with a $5,750 Penalty involving Ground Services International, Inc. for Waste Site Cleanup violations at Logan Airport in East Boston. GSI failed to report a 4/9/11 release of 15 gallons of hydraulic oil within two hours of obtaining knowledge of the release, in violation of the Massachusetts Contingency Plan.  GSI also failed to submit a Release Notification Form and Immediate Response Action Plan to MassDEP within 60 days, as required.  Today's Order requires GSI to make all required submittals by specified dates, and also to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan to be followed by GSI's employees in the event of future release incidents.  The entire Penalty is suspended contingent upon GSI's compliance with all of the terms of Order. In addition, there are stipulated penalties of $1,000 per day for any future violations.

11/28/11: MassDEP concluded an Amendment to an existing Consent Order with the town of Chester for Water Supply violations to address repeated exceedances of the Maximum Contaminant Level for trihalomethanes.  The Chester Water Department exceeded the MCL in the third quarter for 2011.  The town has been working with partners, including MassDEP, to study the conditions leading to higher levels of this disinfection by-product and to devise improvements and needed changes in its treatment processes and operations.  The current study will be completed in 2012.  A study report is required and improvements necessary to prevent further violations. The remedy must be implemented in accordance with today's Amendment.

11/28/11: MassDEP issued two Unilateral Orders to Robert and Prudence Barton in Lanesboro.  MassDEP issued the Orders in connection with structures in Pontoosuc Lake requiring licenses under Chapter 91.  The Orders require removal of licensing of one structure, while the second Order requires the proper recording of a license that was not properly recorded and the relocation of an improperly located structure.

11/28/11: MassDEP entered into a Consent Order with Westmass Area Development Corporation to ensure Underground Storage Tank compliance at the facility in Ludlow. Westmass is the owner of the Ludlow Mills property where measures will be taken to address operation and closure of the USTs at the site.  The Order establishes a deadline of April 2012 for Westmass to remove the USTs, upon the installation of a new heating system.

11/28/11: MassDEP entered into a Consent Order with an $18,975 Penalty involving R.B. Arello Company, Inc. - d/b/a Hydrograss Technologies, Inc. - for a backflow incident in Somerset.  On 5/31/11, Hydrograss, acting as subcontractor to Cianbro/Middlesex on the Veteran's Memorial Bridge Construction Project in Somerset, connected to a new fire hydrant located adjacent to a nursing home in order to get water to conduct hydroseeding activities.  Hydrograss made the connection to the hydrant; a nearby nursing home was drawing in large quantities of water, causing a change in pressure at the hydrant and a backflow to occur.  Hydrograss will pay a penalty of $18,975.

11/23/11: MassDEP issued a Unilateral Order to ARK Realty Trust for Waste Site Cleanup violations in Chicopee.  MassDEP determined the owner of a former gasoline station in Chicopee failed to undertake and document the completion of response actions to address gasoline contamination that remains at the site. Violations identified by MassDEP included failure to undertake response actions and failure to submit phase reports. Today's Order requires that within sixty days of the date of the Order, ARK Realty shall submit the required response action submittals demonstrating that cleanup or response actions have been conducted, including an immediate response action status report, assessment and additional remedial plans.  

11/23/11: MassDEP entered into a Consent Order with a $6,500 Penalty involving Suttles Truck Leasing LLC, for Hazardous Waste, Industrial Wastewater and Underground Storage Tank violations in North Grafton. MassDEP inspected the company's facility on 4/14/11 and found the company was in violation of numerous hazardous waste requirements, including: failure to notify MassDEP of hazardous waste activity and waste oil recycling; failure to comply with container management requirements; and, storing waste oil longer than allowed.  Other violations were: operating a wastewater pretreatment system without a licensed wastewater treatment operator; failure to keep inventory records for underground storage tanks on the property; and, failure to comply with other underground storage tank requirements.  Under today's Order, the company will comply with all applicable environmental regulations, pay a $6,500 civil administrative penalty, and fund three Supplemental Environmental Projects having a combined value of at least $19,500.  The company will purchase and give a Thermal Imaging Unit to the Grafton Fire Department and will also give $10,000 to help fund the Town of Grafton's Reverse 911 System.  In addition, the company will provide Emergency Responder Hazardous Materials Cargo Tank Training to up to 100 members of the Grafton, Upton, Oxford and New Bedford Fire Departments.

11/22/11: MassDEP issued a Demand for $200 in Stipulated Penalties to Roger and Vickie Boyer for failure to complete restoration work as required in Williamsburg at a residence.

11/22/11: MassDEP entered into a Consent Order with North Middlesex Regional School District in Townsend for Groundwater violations. The violations involved the Hawthorne Elementary School and its Squannacook Early Childhood Center which are located on Brookline Road in Townsend.  Today's Order establishes a compliance schedule to bring the existing ground water discharge system into full compliance by either upgrading the current system, or by obtaining a variance based on flow rates to allow replacement with a fully compliant Title V (wastewater) system. Under the terms of today's Order the District will submit an Interim Operating Plan, and plans for the required long-term solution to MassDEP for review and approval.  This action will result in the proper treatment of approximately 3,000 gallons per day of wastewater.  

11/21/11: MassDEP issued a Unilateral Order to Balthazar Contractors, Inc., to cease unpermitted discharges from a road construction project to resource areas in Amherst and to repair existing erosion and sediment controls and to implement additional short-term stabilize measures at the site and to develop and submit a plan for the long-term stabilization of the site.

11/21/11: MassDEP entered into a Consent Order with a $19,675 Penalty involving C-R Machine Co. for Hazardous Waste Management violations at its13 Alexander Road facility in Billerica.  The facility was inspected in response to information gathered during a routine review of electronic monthly operating reports provided by hazardous waste transporters.  The facility was found to be operating out of status as a large quantity generator of hazardous waste.  In addition to acting out of status, the facility failed to delineate its hazardous waste accumulation area, lacked appropriate container labeling and aisle space, failed to perform periodic inspections, and did not prepare training or contingency plans or its biennial report.  Of the total Penalty, $13,175 is for avoided annual compliance assurance fees; also, an additional amount of $5,322.50 is suspended pending compliance over the next year.

11/21/11: MassDEP entered into a Consent Order with Ernest A. Massiello as trustee of Crystal Water Street Realty Trust for Waste Site Cleanup violations at 465 Water Street in Wakefield. The Trust is the owner and/or operator of the property where specific violations including the failure to meet deadlines set out in a Notice of Noncompliance issued on 9/2/11.  Under today's Order, the Trust is required to submit a tier two (permit) extension by 11/21/11, an assessment report and if necessary a remedy alternatives and selection reports by 9/30/12, and final response action outcome statement by 9/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.

11/21/11: MassDEP issued a $35,000 Penalty Assessment Notice to Kalami Fuels, Inc. of Oxford for Waste Site Cleanup in Dudley.  On 11/27/09, Kalami Fuels delivered home heating oil to a residence in Dudley.  During the delivery, the above ground storage tank located in the basement failed, believed to be due to over-pressurization during the delivery, resulting in the release of approximately 250 gallons of heating oil to the resident's basement, and outside the house due to spray from the fill/vent pipes.  Kalami Fuels attempted to clean up the release without notifying either the local Fire Department or MassDEP.  The information for this case resulted from an alert passerby who reported witnessing an oil sheen running down the roadway during a rain event.  Today's Penalty is based upon the failure of Kalami Fuels to notify appropriate parties, conducting work without approval, failure to conduct the appropriate response actions in a timely manner, and failing to conduct an imminent hazard assessment as directed by MassDEP.

11/21/11: MassDEP issued a Unilateral Order to Lillian F. Rowe and William F. Rowe, III for Asbestos violations in Milford.  In response to a complaint from a local resident involving the possible illegal disposal of soil and solid waste on the Rowe's Purchase Street properties in Milford, MassDEP inspected the sites and observed the presence of various wastes, including what appeared to be possibly asbestos-contaminated waste materials.  Denied access to inspect the sites on multiple occasions by the Rowes, MassDEP with the assistance of the Massachusetts Environmental Strike Force obtained administrative search warrants from the Worcester County District Court authorizing the inspections, which were conducted on 11/9/11. Samples taken during that inspection verified the presence of asbestos-containing wastes in the materials located on the site.  Today's Order requires the Rowes to immediately cease and desist from accepting asbestos-containing wastes/materials, secure the entrance to the site, take appropriate steps to prevent access to the disposal areas, not allow asbestos-contaminated materials to be removed from the site, retain a licensed asbestos contractor to prepare and execute an asbestos remediation plan for the site, and provide copies of disposal receipts for all waste materials removed from the site.  

11/18/11: MassDEP entered into a Consent Order with a $3,000 Penalty involving Palmer Paving Corporation for Waste Site Cleanup violations involving the discharge of diesel fuel to the Deerfield River.  On 8/16/11, MassDEP received a complaint from the Shelburne Falls Fire Department regarding the presence of petroleum sheen on the Deerfield River in the vicinity of the Bridge of Flowers.  MassDEP responded to the site to investigate the sheen, tracked the sheen discharge to a storm drainage outfall and installed absorbent booms to collect and contain the release.  It was determined that during paving of an adjacent roadway, Palmer Paving released a small amount of diesel fuel while fueling a paving roller, and that this fuel had entered the storm drain, ultimately discharging to the Deerfield River. Upon being made aware of the spill, Palmer Paving completed all required cleanup of the spill quickly.   In addition to today's Penalty, Palmer Paving will also complete re-training of employees on response to spills of oil and hazardous materials.  

11/16/11: MassDEP entered into an Amendment to a Consent Order with the Easthampton Rod and Gun Club, Inc. in Easthampton. Today's Order incorporates the compliance option of connection to the Easthampton municipal public water system.

11/15/11: MassDEP issued a Unilateral Order and a $5,750 Penalty Assessment Notice to Dudley Concrete, Inc. due to Industrial Wastewater violations in Dudley. Wastewater from the company's truck mix concrete operations was being discharged to the ground without a MassDEP groundwater discharge permit.  MassDEP inspections were prompted by citizen complaints to the Dudley Board of Health, which requested MassDEP assistance.  Today's Penalty was issued after numerous attempts to reach a negotiated settlement failed.  

11/9/11: MassDEP issued a Unilateral Order to Bro-Con, Inc., of Wales for Waste Site Cleanup violations along with a $1,000 Penalty for failing to submit a release notification form, and complete cleanup of a release of hydraulic fluid that occurred in August of 2010.  On 8/7/10, a hydraulic tank on a tractor-trailer operated by an employee of Bro-Con, Inc. was ruptured while the employee was attempting a turn on Union Road in Wales.  The employee left the accident site with the leaking trailer, and hydraulic oil was spilled onto Union Road, and onto Route 19 in Wales and Brimfield.  Approximately 20 gallons of hydraulic fluid were spilled over several miles.   The Wales and Brimfield Department of Public Works sanded the slippery road surfaces.  MassDEP responded to the incident and provided oversight of the cleanup by Bro-Con of a small amount of contaminated soil from a dirt pull-off on Route 19 where the truck stopped for a short period of time.   Per agreement with MassDEP on that date, Bro-Con, Inc. was to arrange for the proper disposal of the contaminated soil, and MassDEP would document completion of the cleanup.  However, Bro-Con failed to submit disposal documentation to MassDEP, failed to respond to numerous telephone and written requests from MassDEP, and failed to respond to a Notice of Noncompliance that was issued by MassDEP in November 2010. For the violations of Massachusetts cleanup regulations, MassDEP then issued a letter in April 2011 to Bro-Con requiring that Bro-Con attend a conference to discuss the violations.  Bro-Con did not attend the meeting, and therefore, MassDEP has issued today's Order that requires Bro-Con to provide documentation of the contaminated soil disposal.

11/9/11:  MassDEP entered into a Consent Order with Cavanaro Realty Trust - Atlantic Tire & Alignment, Inc., - for Waste Site Cleanup violations at 25 Atlantic House Road in Hull. MassDEP conducted an audit inspection relative to the Activity & Use Limitation received by MassDEP on 10/6/05.  The violation is specifically for the failure to properly register/record an AUL was observed during the audit and was cited in the subsequent Notice of Audit Findings/Notice of Noncompliance (NOAF/NON).  Cavanaro Realty Trust requested additional time to comply.  Today's Order extends the deadlines and ensures the proper evaluation and cleanup of the site.  

11/8/11: MassDEP entered into a Consent Order with a $17,050 Penalty involving McLaughlin Realty Holdings, LLC for Asbestos violations at 73 Brayton Road in Brighton (Boston).  MassDEP responded to a complaint of improper asbestos removal from this site. During the investigation MassDEP determined that McLaughlin had removed approximately 50 feet of asbestos containing pipe insulation in the basement laundry area of the site. MassDEP determined that McLaughlin had failed to notify the Department of asbestos abatement and failed to use proper work practices procedures during the removal of asbestos from site. As a result of the violations McLaughlin will pay $1,000 and $16,050 will be suspended for a period of two years.  McLaughlin ability to pay was considered when reaching this agreement.

11/7/11: MassDEP was notified by the Attorney General's Office Environmental Protection Division that a Complaint and Settlement Agreement had been filed in Superior Court on DEP's behalf citing Tate & Lyle Ingredients Americas LLC for violations of the State Clean Water and Wetlands Protection Acts.  Cited in the Complaint and Agreement are the following: Industrial Waste Water discharges to surface water and Wetlands violations (alteration of 12,000 square feet of nearby bordering vegetated wetlands from exposure to its illegally-discharged waste water containing high temperature, low pH, and high biological oxygen demand.)  The company generates large volumes of waste water from cleaning the interior of tanker trucks used to distribute its corn syrup products.  In accordance with the Settlement Agreement, Tate & Lyle will pay a $105,000 penalty and must restore the altered Wetlands pursuant to a plan approved by MassDEP and to remove any invasive plant species that may be found in those areas.  The company is also ordered to properly dispose of its waste water in the future and to update its industrial waste water holding tank and related equipment to comply with holding tank regulations. This action follows a lengthy complaint investigation into alleged illegal discharges of substantial volumes of waste water by the company to a culvert leading directly to bordering vegetated wetlands, and a jointly-developed case.  

11/7/11: MassDEP issued a $5,000 Penalty to Specialty Minerals, Inc. for stormwater violations in Adams specifically the Commonwealth's surface water discharge regulations. On 5/4/11, during a rain storm, MassDEP observed discharges of pollutants from the company's lime manufacturing facility into the storm water drains located on Colombia Street (Route 8).  The discharge, which was coming from trucks carrying wet sludge from one portion of the company's property to another part, was being discharged into the storm drains.  MassDEP also observed an employee of the company pushing the wastewater into the storm water drain and company water trucks washing sludge solids off the driveway with water.  The company has agreed to pay an administrative penalty of $5,000, and to take steps to prevent the recurrence of this violation in the future.

11/7/11: MassDEP assessed a $13,005 Penalty involving SRS Contractors, Inc. for Asbestos violations in Westfield.  MassDEP alleges the violations b SRS, which is based in Lowell, took place at the Western Massachusetts Hospital located in Westfield.  In response to a complaint regarding the improper handling of asbestos-containing waste material, MassDEP investigated the asbestos removal operations being conducted at the hospital.  MassDEP discovered that SRS did not file a notification form for a portion of the asbestos removal project.  In addition, MassDEP observed that SRS's asbestos waste trailer was overflowing and that the waste bags were not properly containerized, sealed and labeled.  SRS was also using a covered, secured truck to store excess asbestos containing waste material that was not properly containerized, sealed and labeled.  Under the terms of a settlement agreement with MassDEP, SRS will pay $9,000 of the penalty, with the remaining $4,005 suspended for a two-year probationary period.

11/7/11: MassDEP executed a Consent Order with a $290 Penalty involving the Plainville Water Department for Drinking Water violations in Plainville. The Plainville Water Department failed to submit its 2010 Consumer Confidence Report by 7/1/11. This violation was a repeat of the same violation which occurred in 2010.

11/7/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving Bouwfonds Jefferson Limited Partnership for Wastewater Management violations in Lawrence. The violations were related to a discharge of sewage onto Route 114 from its Addison at Andover apartment complex in Lawrence.  On 5/21/11, MassDEP's emergency response received notification from the Lawrence Fire Department that a manhole on Route 114 at the North Andover town line was overflowing sewage.  Bouwfonds owns a sewage force main that flows from a pump station at Addison at Andover to River Pointe Apartments farther north on Route 114.  The manhole from which the sewage was discharging houses one of two cleanout structures on that force main.  The Lawrence Fire Department stated that the Lawrence Department of Public Works would be contacting the sewer's owner, Bouwfonds, or the management company.  Lawrence DPW's notification to the management company took place on 5/21/11, which was ignored because the overflow was in a public roadway.  On 5/26/11, MassDEP received a complaint from the North Andover Conservation Commission that the overflow was still occurring.  MassDEP then coordinated with the Lawrence DPW and Bouwfonds' property manager.  As a result of this effort, on 5/26/11, Bouwfonds' property manager had a contractor temporarily cap the discharge until the following day when a permanent solution was installed.  Under the terms and conditions of today's Order, Bouwfonds agreed to inspect all cleanout structures on that force main and to replace or repair them, as needed.  In addition, Bouwfonds agreed to submit to MassDEP for its review and approval the operation and maintenance manual for the pump station and force main including a plan to inspect the cleanout structures annually.  Finally, Bouwfonds agreed to pay $7,500 of the Penalty with the remaining $4,000 suspended provided there is compliance with the terms of today's Order.

11/4/11: MassDEP entered into a Consent Order with a $49,130 Penalty involving Durasol Corporation for Hazardous Waste, Air Quality and Industrial Wastewater violations at 1 Oakland Street in Amesbury. MassDEP inspected Durasol Corporation on 10/13/10, and found the violations including treating ignitable and corrosive hazardous waste without a license and unknown contents of waste.  The air quality violations discovered included operating a source of volatile organic compounds and sulfur monochloride emissions in violation of specific conditions of their plan approval resulting in a release of toxic gas throughout the building, lack of record-keeping, and failure to keep VOC-containing materials in closed containers when not in use.  The industrial wastewater violation discovered was an unapproved discharge of industrial wastewater to the local publicly-owned treatment works without approval from the MassDEP or local authorities.   Durasol has terminated its manufacturing operation in Amesbury and today's Order requires Durasol to ship offsite all hazardous wastes to a proper treatment, storage & disposal facility.  If manufacturing operations resume in the future at Durasol,  the Order requires Durasol to notify MassDEP prior to any hazardous waste generation, operate or install any equipment pursuant to air quality regulations , and obtain any and all necessary permits or approvals required to operate the facility in compliance with all statutes and regulations.  

11/4/11: MassDEP executed a Consent Order with a $5,000 Penalty involving Inman Square Lofts, LLC, for Waste Site Cleanup violations at 6 Beacon Street in Somerville. As owner of the property, the LLC specifically violated the regulations by failing to meet deadlines set out in an earlier Consent Order with MassDEP as executed on 2/26/09.  Today's Order requires a tier two (permit) extension to be submitted by 11/10/11, a status report on release abatement measure(s) by 3/2/12. In addition, additional cleanup phase reports, as applicable, by 7/15/12, with additional reports by 9/30/12, and a final response action outcome statement by 7/15/13. MassDEP agreed to suspend $3,000 of the Penalty with a stipulated penalty provision for any missed deadlines.

11/4/11: MassDEP entered into a Consent Order with ARA Realty Corporation for Waste Site Cleanup violations at 26 Smith Place in Cambridge. As owner of this property, the Realty Corp. is addressing the cleanup at this site which has comingled plumes requiring time extra time to complete response actions. The specific Waste Site Cleanup violations were failure to meet deadlines established in a Notice of Noncompliance as issued by MassDEP on 8/22/11.  Today's Order requires a phase two assessment report and a (phase three) remedial alternatives report by 10/31/12.  Additionally, a phase four is due by 4/30/13 and a final response action outcome statement by 4/30/14. Today's Order contains a stipulated penalty provision for any missed deadlines.

11/3/11: MassDEP issued a Unilateral Order to Meadowbrook Acres, LP, for Water Supply violations in Brimfield. MassDEP issued a Declaration of Water Supply Emergency and Unilateral Administrative Order to Meadowbrook Acres, a community public water system.  The Declaration allows the water system to provide an alternate supply of water to its customers, and daily reports to MassDEP.  The emergency resulted from the effects of the late October 2011 snowstorm.

11/3/11: MassDEP received notice that a Settlement Agreement had been entered in Superior Court between the Commonwealth and Pamela Avedisian, Gary DeCicco and 60 Salem Turnpike, LLC regarding Wetlands, Waterways and the Clean Water Act violations at the Atlantic Lobster Company site in Saugus. The violations related to the demolition of the former Atlantic Lobster Company site in Saugus after a roof collapse and fire.  The site is entirely located within the Rumney Marsh on the bank of the Saugus River.  Under the judgment, the defendants are required to restore salt marsh, riverfront area and land subject to tidal action (a "lagoon") by removing fill and performing planting within one year according to MassDEP's approved plan.  Once restored, the site is subject to a five-year monitoring program.  The defendants will also, within one year, perform a Supplemental Environmental Project [with a value of not less than $65,000] consisting of the creation of at least 10,000 square feet of new, functioning, salt marsh on the property that will also be monitored for five years. The defendants will also pay the Commonwealth a civil penalty of $100,000, with $60,000 being suspended upon compliance with the provisions of the settlement, and the remaining balance paid.  Of the paid amount, $20,000 will be paid to the Commonwealth's general fund and $20,000 will be paid to the Commonwealth's Natural Resource Damages trust.

11/2/11:  MassDEP issued a $435 Penalty Assessment Notice to All American Water for Drinking Water violations at1320 Dorchester Avenue in Boston.  All American Water has failed to report to the MassDEP as required the analytical results for bacteria twice within the twelve month period.  

11/1/11: MassDEP issued a Unilateral Order to Willow Road Development, LLC for Wetlands violations in Ayer. Willow Road Development is the trustee of the Willows Condominium Trust, which is ordered to stop violations of the Wetlands Protection Act occurring at the Condominiums located off Willow Road. MassDEP observed the discharge of silt-laden runoff from a construction project at the above location flowing to adjacent bordering vegetated wetlands and Bennetts Brook.  These activities occurred in violation of a local order of conditions (permit).  Today's Order requires the parties to place appropriate erosion controls to stop the discharge and prevent additional violations.  They are also required to hire an erosion control specialist to develop an erosion control plan for the project, and to hire a wetlands specialist to assess the damage and submit a plan to restore the altered wetlands.  Additional enforcement with a penalty assessment is anticipated.

11/1/11: MassDEP entered into a Consent Order with a $2,880 Penalty involving Home Market Foods, Inc. for Air Quality (odor) violations in Norwood. MassDEP in response to odor complaints - as forwarded by the Norwood Board of Health - determined that an odor evaluation be conducted for this residential neighborhood abutting the industrial park.  Home Market was determined to be the source of the odors.  Today's Order requires interim measures to reduce the odor impacts and requires a schedule for the development and implementation of an emission control strategy.  Home Market has agreed to pay the Penalty for the odor violation.

11/1/11: MassDEP issued a Unilateral Order to Cliffside Apartments for Water Supply violations in Sunderland. MassDEP issued the Declaration of Water Supply Emergency and Unilateral Administrative Order to this community public water system. The Declaration allowed the water system to provide an alternate supply of water to its customers, required its generator be repaired or replaced, and requires daily reports to MassDEP.  The emergency resulted from the effects of the late October 2011 snowstorm.

11/1/11: MassDEP entered into a Consent Order with a $30,000 Penalty involving 1023 East Street LLC for Waste Site Cleanup violations at 1023 East Street in Tewksbury. The LLC is the owner and/or operator of the property where specific violations included failure to meet deadlines set out in a previous Consent Order dated 4/22/09.  Today's Order requires a tier two (permit) extension submitted by 2/22/11, and a remedy operation status report or a final response action outcome statement by10/3/12.  Today's Order contains a $30,000 penalty with $5,000 payable and $25,000 suspended and a stipulated penalty provision for any missed deadlines.

October 2011

10/31/11: MassDEP entered into a Consent Order with a $30,000 Penalty involving James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland.  Lefter is the owner of the property where violations involved the specific failure to meet deadlines set out in a prior Consent Order with MassDEP as executed on 10/26/07.  Today's Order requires a final response action outcome statement by 12/31/12.  Lefter will pay $3,500 of the Penalty, and the remaining $26,500 suspended pending compliance. There is a stipulated penalty provision for any missed deadlines.

10/31/11:  MassDEP issued Boil Water Orders to Tyngsborough for Water Supply violations at four (4) community public water systems within the town of Tyngsborough, including Benchmark Condominiums, Colony Heights Condominiums, 400 Dunstable Road, and The Greens.  All four of these public water systems lost the ability to provide water to their residents due to power outages that occurred as a result of stormy weather.  MassDEP issued Boil Water Orders to notify the residents that once water service is restored, the water should be boiled before consumption until such time as enough bacteria samples are collected and analyzed to show that the water supplies are free from bacterial contamination.

10/31/11: MassDEP was notified that Superior Court granted summary judgment in a case involving the trustee of KENO Realty Trust, Michael I. Hartman, Ellen P. Hartman, and Craig I. Hartman.  The case involved Wetlands violations at Beach Avenue in Hull, specifically illegally altering coastal dune and land subject to coastal storm flow on their property. Superior Court ordered the defendants to pay a civil penalty in the amount of $5,000.   

10/28/11: MassDEP entered into a Consent Order with a $7,650 Penalty involving James Poplawski of Cheshire for Wetlands violations, specifically, forestry activities without a forest cutting plan.  The activities included alteration of 2,000 to 2,500 of riverfront area.  In addition to restoration, Poplawski will pay a penalty of $2,000 with the remaining $5,650 suspended contingent upon restoration and ongoing compliance.

10/28/11: MassDEP entered into a Consent Order with a $39,150 Penalty involving Groom Construction Co, Inc. for Asbestos violations in Marblehead and Bolton. Groom is a general contractor in Massachusetts. MassDEP found that Groom had contracted with AEI to perform asbestos abatement at the Village School, 93 Village Street in Marblehead and the Bolton Public Safety Building, 15 Wattaquadock Hill Road in Bolton. MassDEP also determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and Groom had failed to notify, as required, prior to asbestos abatement that occurred on three occasions at both sites. Groom will pay $8,700 and $30,450 will be suspended for a period of fifteen months. In addition, Groom shall have four (4) of its personnel attend 16 hours of asbestos training within 180 days. Groom will also have one (1) staff person attend the 40-hour training for an asbestos supervisor within the next 180 days.

10/28/11: MassDEP executed a Consent Order with a $5,000 Penalty involving Grace Floramo as trustee of Floramo Realty Trust for Waste Site Cleanup violations at 7 Prescott Street in Everett. The Trust is the owner of the property where violations involved the specific failure to meet deadlines already established in a prior Consent Order with MassDEP as executed on 3/24/11.  Today's Order requires a phase two report by 11/30/11; a phase three report by 12/30/11; a tier two extension submitted by 1/20/12; a phase four report by 4/30/12; and a final response action outcome statement by 1/15/12.  Under today's Order the Trust will pay $1,500 with the remaining $3,500 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.

10/27/11: MassDEP issued an $8,912.50 Penalty Assessment Notice to Gerard A. Brunet and Patricia A. Brunet in Hinsdale. As owners of Bisselville Estates, a manufactured housing community located in Hinsdale.  The PAN requires the payment of a penalty of $ 8,912.50 to address violations of the drinking water regulations and failure to comply with a Unilateral Administrative Order and multiple Notices of Noncompliance.  The penalty addresses violations through April 2011.

10/26/11:  MassDEP entered into a Consent Order with Scuderi, Inc. to establish a schedule to obtain a Chapter 91 License for a commercial facility it owns and operates on Congamond Lake in Southwick.  Scuderi had filed a Chapter 91 License Application for the facility after acquiring the property however the process was not completed.

10/24/11: MassDEP executed a Consent Order with an $18,187.50 Penalty involving 320 Elm, LLC for Asbestos violations in Southbridge.  .  The asbestos violations occurred when improperly removed asbestos-containing siding from a two-family rent al property.  Under the terms of the settlement, 320 Elm, LLC will pay $4,000 of the Penalty with the remaining $14,187.50 suspended, provided that there are no further violations for one year.  

10/20/11:  MassDEP entered into a Consent Order with a $26,100 Penalty involving Hazardous Abatement Services, Inc., for Asbestos violations at 3000 Minuteman Road in Andover.  The company is a licensed asbestos contractor in Massachusetts.  MassDEP received a complaint of improper asbestos removal at the property where HWE had failed to notify MassDEP of asbestos abatement activity that occurred here on two occasions.  As a result of the violations observed, HWE will pay $7,000 and $19,100 will be suspended for a period of two years pending compliance. The small business policy was utilized in reaching this settlement.

10/20/11: MassDEP entered into a Consent Order with a $15,050 Penalty involving Marcor Environmental Limited Partnership for Asbestos violations at 21 High Street in Needham.  Marcor Environmental Limited Partnership is a licensed asbestos contractor in Massachusetts.  MassDEP received a complaint of improper asbestos removal at the property and found that Marcor had failed to properly notify MassDEP on the scope of the project as required.  As a result of the violations, Marcor will pay $2,000 and $13,050 will be suspended for a period of one year pending compliance. The small business policy was utilized in reaching this settlement.

10/19/11: MassDEP executed a Consent Order with a $1,440 Penalty involving Sullivan Mechanical Contracting Corp. for Waste Site Cleanup violations at Smith Place in Cambridge.  Bray is the former owner and/or operator of the property at 67 Smith Place, Cambridge where specific violations include failure to meet deadlines set out in a Notice of Noncompliance issued on 9/22/10.  Today's Order requires a release abatement measure completion report. In addition, the company must submit an amendment to the Notice of Activity and Use Limitation regarding future activity on this property. Finally, a response action outcome report for the site with a revised risk characterization must be submitted by no later than 12/30/11. Today's Order also contains a stipulated penalty provision for any missed deadline.

10/18/11: MassDEP entered into a Consent Order with a $29,000 Penalty involving Clifford Clark for Wetlands violations in Williamsburg, specifically, the alteration of 1.4 acres of bordering vegetated wetlands and 50 feet of bank of an intermittent stream.  Clark conducted the violations in an effort to reestablish former farm ponds at an inactive family farm.   Upon learning of the violation, Clark has now immediately hired a consultant to address the violations.  Clark has agreed to pay $2,000 of the Penalty and to work with the Audubon Society, the downstream abutter, to ensure that restoration work will not affect hydrology on abutting property.  The remaining $27,000 will be suspended pending compliance.

10/17/11: MassDEP issued a Boil Water Order to the Massachusetts Department of Conservation and Recreation for Drinking Water violations at the Wendell State Forest in Wendell. The facility serves the public and the staff.  The Order was issued following water quality sampling that included detections of e coli in the water distribution system.  MassDEP required response actions and public notice.  

10/17/11: MassDEP issued a Declaration of Water Emergency to Gateway Regional School District in Huntington. The school district is required to address a sudden water main break and loss of water service at Gateway Regional School (a public water system) in Huntington.  Today's Declaration allows the use of alternative source(s) of water until MassDEP determines that the facility has returned to normal operations.  [The school was able to reopen using bulk water on 10/19/11.]

10/14/11: MassDEP entered into a Consent Order with Northampton Management Systems, Inc. for Drinking Water violations at its facility in Northampton. The company owns the Linda Manor Nursing Home facility.  The facility had experienced an emergency in late June 2011 and had - with MassDEP approval - implemented interim measures to abate the emergency.  Today's Order addresses the long-term corrective actions to ensure safe delivery of drinking water at the facility through the winter and in future years.

10/13/11: MassDEP reissued a $19,400 Penalty Assessment Notice to Ting Lu of Taunton for Solid Waste and Asbestos violations.  Lu had contracted for the disposal of a special waste (Asbestos) to a facility not permitted to take that waste.  MassDEP also witnessed friable asbestos material removed from building components, dry and not in the proper containers. MassDEP has attempted to reach Ting Lu several times without response.

10/12/11: MassDEP entered into a Consent Order with a $26,600 Penalty involving Merrimack Street Redevelopment Authority LLC for Hazardous Waste violations at 7-19 South Canal Street in Lawrence.  Initially, MassDEP issued a Notice of Responsibility relative to the release(s) of hazardous materials at the site. MassDEP then issued a conditional approval for Immediate Removal Activity (IRA). Some of this IRA plan included demolition of fire damaged structures which contained asbestos containing materials and also included asbestos removal from other areas of the site.  Then, during compliance inspections in October 2010, July 2011, and September 2011, MassDEP personnel determined that demolition and asbestos abatement activities were not being performed in compliance with the approved IRA plan or the asbestos regulations.  As a result of these violations observed by MassDEP, the company will submit an amendment to the IRA plan for review and approval. Said amendment will detail actions to be taken to return the site operations to compliance with the approved IRA plan and the regulations. In addition, MSR will make other submissions to the MassDEP as required by the regulations and today's Order.  MSR will pay $5,000 and $21,600 will be suspended for a period of two years pending compliance.   

10/12/11: MassDEP issued a Boil Water Order to D. Francis Murphy Insurance Agency, Inc. for Water Supply violations at the public water system in Bolton.  This agency is the owner and operator of a transient non-community public water system (PWS) that serves Murphy's Insurance at 737 Main Street in Bolton.  The system was notified on 10/4/11 that a routine sample collected on the prior day had come back 'confirmed' positive for total coliform and negative for e coli.  Repeat sampling confirmed the presence of total coliform and e coli bacteria in the system.  This event triggered provisions in the Drinking Water regulations, specifically the provisions of the total coliform rule, including immediate notification to the public.  MassDEP verbally informed the system of its regulatory requirements and directed it to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to boil the water before drinking or consume water from an alternative source.  This action will ensure that the approximately 50 persons served by the system will receive water that is pure and fit to drink.

10/12/11: MassDEP entered into a Consent Order with West Warren Water District for Water Supply violations in Warren. The District is required under today's Order to address repeated exceedances of the maximum contaminant level for total coliform in its water system.  Today's Order includes provisions for future installation of disinfection in response to additional exceedances.  

10/12/11: MassDEP entered into a Consent Order with Veolia Energy Boston, Inc., relative to the use of four (4) temporary boilers to serve the Boston Medical Center (BMC) during important steam-line upgrades.  Veolia operates several large steam boilers at the Kneeland Station and an associated steam loop, which is the sole supply of steam to several businesses and health care facilities in the downtown Boston area.  Because BMC is served by a dead-end line off the steam loop, Veolia needs to use temporary boilers to serve BMC during the replacement of several steam expansion joints in that line.  This proactive maintenance activity is meant to reduce or eliminate the potential for leaks and ruptures.  Prior ruptures have posed public health and safety issues, including the release of asbestos into the ambient air.  Veolia's upgrade project involving the line to the BMC will take place over the course of three (3) weekends in the October/November 2011 timeframe.  Today's Order allows Veolia to utilize temporary boilers for the duration of the project in order to supply steam to BMC.

10/11/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving the town of Rockport.  Today's Order was issued in response to violations of the flow limit at the town's wastewater treatment plant, and for sanitary sewer overflows from the collection system.  Today's Order requires the town to proceed with actions to identify and eliminate infiltration and inflow into their sewer system, and also require the town to pay $2,500 of the Penalty, with the remaining $9,000 suspended pending satisfactory completion of the inflow and infiltration removal work.

10/11/11: MassDEP entered into a Consent Order with West Warren Water District for Water Supply violations in Warren specifically the violation of the maximum contaminant level for total coliform. Under today's Order, the system shall establish the capability to provide mechanical disinfection. In addition, in the event of an additional violation within the next 12 months, the District will activate and operate mechanical disinfection until a cause is identified, corrected and MassDEP approves that disinfection can be stopped.

10/7/11: MassDEP was informed that Superior Court issued a preliminary injunction against Santo Anza, trustee of 429 Whitney Trust in Northborough.  Anza has dumped or allowed others to dump large volumes of solid waste at the Whitney Street property without a site assignment, and creating nuisance conditions.  The injunction  orders Anza to cease and desist from accepting any solid waste, compostable materials and wood waste at his property, and cannot move or remove any of the piles of solid waste or compost or operate any vehicle in and around the piles.  Additionally, he must comply with an animal health order issued by the Massachusetts Department of Agricultural Resources (DAR) and provide access to MassDEP to ensure compliance with Solid Waste requirements and to DAR to check on the health of the animals that he keeps on his property.  The activities on the property have generated over 120 complaints on odors and other nuisances from neighbors. A hearing on additional relief requested by the Commonwealth and on progress to abate the nuisance will be held on 10/28/11.  

10/5/11: MassDEP entered into a Consent Order with a $2,000 Penalty involving Domenic Saraceno as trustee of Saraceno Family Trust for Waste Site Cleanup violations at 603 Main Street in Wilmington. Saraceno is the former owner of the property where specific violations included failure to meet deadlines established in a previous Consent Order on 3/29/10.  Today's Order requires a phase two report by 11/11/11 and stipulated penalties for any missed deadlines.

10/5/11: MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Falmouth's Department of Public Works for Groundwater Discharge violations at its Wastewater Treatment Facility. The  violations involved repeated unauthorized bypasses, exceeding 'total suspended solids' 'total nitrogen' which exceeded monitoring well contaminant levels, and failure to conduct sampling for volatile organic compounds.  The town of Falmouth will pay $5,750 Penalty and will conduct a Supplemental Environmental Project in the amount of $35,935 to upgrades to its treatment facility's monitoring system (SCADA) that will facilitate improved monitoring at its pump stations.

10/5/11: MassDEP entered into a Consent Order with an $11,700 Penalty involving Garrett Graham for Asbestos violations at 53 Sturtevant Avenue in Norwood. MassDEP found improper asbestos removal activity conducted at a multi-family apartment building on or about 1/4/11.  Graham, the owner and occupant of the building was found to have conducted an unauthorized, improper asbestos removal activity.   On 5/23/11, MassDEP was advised that the asbestos abatement/clean-up activities had been completed.  According to the terms and conditions of today's Order, Graham was subject to the Penalty, but the entire amount is suspended under the DEP's homeowner's policy guidance.  

10/5/11: MassDEP entered into a Consent Order with a $1,380 Penalty involving Boch Toyota South, for Hazardous Waste Management violations in North Attleboro. Boch Toyota South, located at 620 South Washington Street, North Attleboro is an automobile dealership with a repair shop that is registered as a Small Quantity Generator (SQG) of Waste Oil.  MassDEP determined that for over two years the facility had been acting as a Large Quantity Generator (LQG) of Waste Oil.  This violation was discovered through a database review.  An unannounced, single-media (Hazardous Waste) site inspection was conducted on 6/29/11.  Additional violations were noted as a result of the site inspection.  Today's Order includes corrective actions to bring the facility into compliance as it pertains to all violations noted during the site inspection.  

10/5/11: MassDEP issued a Unilateral Boil-Water Order to Blueberry Estates Apartment Complex in Lakeville for Water Supply violations. The facility is an adult residential community public water system which serves a population of 80 persons.  Today's Order was issued due to an acute maximum contaminant level violation and a monthly violation of the total coliform rule.  There was a detection of e coli bacteria at the entry point to the distribution system, and also in one of the two source wells.

10/4/11:  MassDEP issued a Boil Water Order to the town of Wenham following a round of coliform bacteria samples collected on 10/3/11 from its four distribution system sample locations and from the treated and untreated water from its wells.  All of the distribution system samples and the treated water sample tested positive for total coliform bacteria, and two of the distribution system samples also tested positive for e coli.  Bacteria were not detected in the untreated water sample.  Wenham's wells do not receive disinfection treatment, but are treated for corrosion control and fluoridation.  Because of the pervasive microbial contamination, the presence of e coli at multiple locations, and the lack of disinfection, MassDEP issued today's Boil Water Order.  The Town began emergency disinfection and flushing to get free chlorine into its distribution system.

10/3/11: MassDEP entered into a Consent Order with Granby Housing Authority in Granby due to an exceedance of total coliform (bacteria) sampling. Granby Housing Authority operates a water system at Phins Hill Road in Granby and needs to address repeated exceedances of the maximum contaminant level for total coliform in its water system.  Today's Order includes specific provisions to take for disinfection.  

10/3/11: MassDEP entered into a Consent Order with a $14,700 Penalty involving Barile Environmental, Inc., for Asbestos violations in Williamstown.  Barile is a Massachusetts-licensed asbestos abatement contractor based in Pittsfield.  MassDEP received a complaint regarding the removal of asbestos-containing siding from a residential building in Williamstown.  MassDEP determined that asbestos siding removal operations had been conducted by Barile and discovered that asbestos handling work practices prescribed by MassDEP's asbestos regulations were not followed.  Under the terms of a settlement agreement with MassDEP, Barile will pay $6,200 of the Penalty, with the remaining $8,500 suspended during a two-year probationary period.

10/3/11: MassDEP entered into a Consent Order with a $10,000 Penalty involving Western Bronze, Inc. for Solid Waste violations in West Springfield. MassDEP found the noncompliance included storm water and solid waste management violations associated with foundry sand stored at the company's West Springfield facility.  An inspection of the facility by MassDEP revealed that Western Bronze had been storing large amounts of foundry sand (which is considered a solid waste) at its facility for a long period of time.  In addition, the foundry sand, which was exposed to rain, was being washed into the storm water drainage system on the street. As part of the agreement, the company has agreed to pay the Penalty, correct the violations, and take steps to prevent the recurrence of the violations in the future.

10/3/11: MassDEP has entered into a Consent Order with a $1,000 Penalty involving the town of Palmer for Air Quality violations. MassDEP observed town employees taking part in open burning of debris at the DPW facility.  The town will pay $400 of the Penalty with the remaining $600 suspended pending the town's compliance with the terms of the Consent Order.

10/3/11: MassDEP issued a Do-Not-Drink Order to the Erving School Union #28 in New Salem to address water quality concerns at the Swift River Elementary School serving Wendell and New Salem.  The School had been using bottled water for drinking and culinary purposes while plumbing work and replacement of a boiler was underway.  Routine and repeat water quality sample results detected total and e coli bacteria in the drinking water.  Today's Order requires the use of the alternate water (bottled water).  Due to the possibility of contamination other than bacteria, the Order was issued as a Do Not Drink rather than a Boil Water Order.

10/3/11: MassDEP entered into a Consent Order with the Acton Water District in Acton to maintain compliance with the requirements of the Surface Water Treatment Rule (SWTR) of the Mass Drinking Water Regulations.  The town was informed by letter on 11/4/10 that the Christofferson Well of its Public Water System provided groundwater under the influence of surface water, and that corrective action was required within 18 months.  The well has also exceeded secondary maximum contaminant levels for iron and manganese.  Today's Order establishes an enforceable schedule to provide interim disinfection of the well, develop and install a treatment facility to meet the SWTR and secondary contaminant levels for the Christofferson Well, and submit progress reports.  Through this Order, the town will remain in compliance with the Drinking Water Regulations while bringing the Christofferson Well into compliance with the SWTR and continue to provide water that is safe and fit to drink to a population of 22,182.

10/3/11: MassDEP entered into a Consent Order with a $500 Penalty involving James M. Quirk, as trustee of the Quirk Family Realty Trust for Water Supply violations in Mendon. James M. The Trust has agreed to establish an enforceable schedule for development of an approved transient, non-community public water system at its property, located at 95 Uxbridge Road in Mendon.  The property is currently leased to the Hide-A-Way Pizza restaurant.  Under today's Order, the Trust is required to operate the on-site well in accordance with the requirements such a public water system.   The owners have hired a certified operator, submitted a coliform sampling plan, provided specifications for the well construction and water distribution system, and developed an emergency response plan.  Today's Order also requires the owners to carry out a monitoring program, record the public water supply in the registry of deeds, comply with cross-connection program requirements, submit as-built plans for the on-site sewage disposal system, and agree not to expand the public water system without prior MassDEP approval.   This action will ensure that those being served by this public water system will receive water that meets safety standards.  

10/3/11: MassDEP issued a Unilateral Order to Ledgewood Estates Condominium Trust relative to Water Supply violations in Grafton. The Trust is the owner and operator of a small Community Public Water System (PWS) that serves the condominium complex located on Milford Road in Grafton.  Today's Order requires the public water system to connect to the Grafton Water District and provide a schedule to achieve the connection and properly abandon the existing on-site well.  This public water system has received "Boil Water Orders" on 8/20/11 and on 9/30/11. The facility has been unsuccessful in removing the source of contamination, and is located in close proximity to the Grafton Water District. The Trust has been unable to install emergency disinfection, and has additional deficiencies identified during a recent inspection.  Today's action will help insure the protection of the approximately 48 persons served by this public water system.     

September 2011

9/30/11: MassDEP issued a Boil Water Order to Ledgewood Estates Condominium Trust for Water Supply violations in Grafton.   The Trust is the owner and operator of a small community public water system that serves the condominium complex located on Milford Road in Grafton.  The Trust notified MassDEP on 9/17/11 that a routine bacteria sample collected the previous day was confirmed positive for total coliform, but negative for e. coli.  Three repeat samples and one source sample collected on 9/17 confirmed positive for total coliform and negative for e coli.  As a result, the Trust was instructed to install emergency disinfection.  MassDEP was informed on 9/19 that the system could not accommodate emergency disinfection.  Additional testing confirmed total coliform and e coli still present in the water supply, and on 9/28, MassDEP verbally informed the PWS of its regulatory requirements and directed the Trust to evaluate the cause of the contamination, take corrective actions, and instruct the consumers to boil the water before drinking.  The written Order was subsequently issued to the Trust on 9/30.  A boil order had previously been issued on 8/20/11, and subsequently lifted.  This action will help insure that the approximately 48 persons served by this system daily will receive water that is fit and pure.

9/30/11: MassDEP issued a Boil Water Order to Nature's Classroom of Massachusetts, Inc. for Water Supply violations in Charlton.  The company is the owner and operator of a non-transient non-community public water system that serves the Prindle Pond Conference Center located at 73 Pumpkin Lane in Charlton.  The company was notified on 9/26 that a routine bacteria sample collected on 9/23 was confirmed positive for total coliform and negative e coli, and that a source water sample was confirmed positive for total coliform and e coli.  Six repeat samples and five source water samples collected on 9/26 were confirmed positive for total coliform with two repeat samples and three source water samples positive for e coli.  On 9/26, MassDEP verbally informed the PWS of its regulatory requirements and directed the PWS to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to either boil the water before drinking, or consume water from an alternative source.  Today's Order was issued to help insure that the (approx.) 305 persons served here will receive water that is pure and fit to drink.

9/29/11: MassDEP issued a Boil Water Order to Waubeeka Springs Good Will Water Association for Water Supply violations in Williamstown.  The Association serves dozens of homes and businesses in southern Williamstown.  The Order was issued following a sanitary survey inspection that revealed debris, grass and sediment in one of the storage tanks.  MassDEP required immediate response actions and disinfection.  MassDEP staff were onsite, ensuring response actions were taken and assisting with public notice.

9/29/11: MassDEP entered into a Consent Order with the United States Facilities Management Group, Inc. for Asbestos violations at 2214 Dorchester Avenue in Boston.  MassDEP responded to a complaint of improper removal of asbestos containing material from this location which is the Pope John Paul II Academy.  During the inspection MassDEP personnel determined that United had improperly removed and disposed of asbestos containing flooring materials without notification to MassDEP as required by the regulations. As a result of the violations observed by MassDEP, United will pay $1,000, with the remaining $29,100 suspended for the period of one year. United's inability to pay and the small business policy were utilized in reaching this settlement.

9/28/11: MassDEP issued a Unilateral Cease-and-Desist Order to Cornelia Stutz, due to Wetlands violations at 3 Eustis Road in Marblehead. The work at this location was in violation of the Wetland Protection Act and an existing Consent Order recently executed pertaining to this property.   Grading and other activity was being conducted as part of the agreed upon restoration of certain resource areas, including coastal bank, bordering vegetated wetland, land subject to coastal storm flow and buffer zone.  The work was undertaken, however, without first submitting a restoration plan and obtaining final approval from MassDEP for implementation of this work. This unapproved work also was being conducted in non-conformance with conceptual restoration elements that were agreed to by both parties during earlier negotiations. Today's Order requires that all activity will stop until a final restoration plan is submitted, and approved. Further, that the site must first be immediately stabilized to prevent siltation to wetland resource areas.

9/28/11: MassDEP entered into a Consent Order with an $8,625 Penalty involving New England Fertilizer Company.  The company was issued in response to non-compliance by NEFCO in the distribution and subsequent land application of sewage sludge residuals on a farm where crops are being grown for consumption by cattle.  The land application of the sludge product was prohibited due to high concentrations of molybdenum.  Today's Order includes a $5,750 payment with the remaining $2,875 suspended pending demonstration of compliance.  

9/27/11: MassDEP entered into a Consent Order with Robert Norcross, of Lawrence relative to Asbestos violations. On 3/31/11, Norcross was indicted on charges of violating the Massachusetts Clean Air Act.  The illegal asbestos work occurred in a multi-family residence in Lawrence. After a plea, Judge John Lu found Robert Norcross guilty of three violations of the Clean Air Act, and sentenced him to 18 months on probation.  Among the conditions of probation, Norcross was ordered to pay a fine of $20,000, with $10,000 of it suspended during the period of probation; to participate in asbestos training; and to have all of his properties inspected and properly abated for asbestos containing materials.  These conditions were made a part of an administrative consent decree that Norcross signed today with the Massachusetts DEP. This case was investigated by MassDEP and Environmental Police assigned to the AG's office.  

9/27/11: MassDEP was notified by the Office of Massachusetts A.G. Martha Coakley that Robert Norcross - who had been indicted on 4/31/11 on charges of asbestos violations - today pled guilty in Superior Court to three counts of criminal violations of the Clean Air Act.  The illegal asbestos work occurred in a multi-family residence in Lawrence.  Norcross was sentenced to 18 months on probation and was ordered to pay a fine of $20,000 ($10,000 suspended during the period of probation), and to participate in asbestos training.  In addition, Norcross must have all of his properties inspected and properly abated for asbestos containing materials. The terms and conditions were also made a part of an administrative consent decree that Norcross signed today with MassDEP.  In that way, MassDEP can ensure compliance with all applicable regulations.

9/26/11: MassDEP issued a Do Not Drink Order to the Town of Ipswich due to perchlorate in the drinking water.  A routine sample collected on 8/25/11, at the town's surface water treatment plant contained 2.2 micrograms per liter (for perchlorate).  A confirmation sample was collected on 9/15/11, which contained 2.3. The town failed to get a three-day turnaround time on the confirmation sample as required.  The maximum contaminant level of perchlorate allowed in drinking water for perchlorate is 2.0.   Perchlorate was not found in untreated water samples from the two reservoirs treated at the plant.  Today's Order requires the town to notify the water consumers that pregnant women, nursing mothers, infants, children up to the age of 12, and persons with hypothyroidism should not consume the drinking water.  The surface water plant was turned off and the town is using its wells to meet its water needs.  The Do Not Drink Order was lifted on 9/27/11, after the town flushed water mains and collected samples that demonstrated that the perchlorate level in its distribution system had dropped below 2.0.  The town continues to investigate the surface water treatment plant to identify and mitigate the source of the contamination. At this time, the addition of hypochlorite, which is used for disinfection at the plant, is a suspected source.

9/26/11: MassDEP issued a Boil Water Order to the town of Burlington due to bacteria detected in the town's Drinking Water.  The town found in repeat testing, total coliform bacteria detection in the municipal water system, e coli was detected in a sample collected on 9/22/11.  On the evening of 9/25/11, MassDEP was notified that e coli were found at two other sites in samples collected on 9/24/11. The town turned off its surface water treatment plant and turned on its ground water treatment plant in order to get free chlorine into the distribution system faster.  The Boil Water Order was lifted on 9/28/11.

9/23/11: MassDEP entered into a Consent Order with Triple M Homes Corporation for Water Supply violations in Warren. Triple M Homes Corporation, which serves as a public water system, has had repeated exceedances of the maximum contaminant level for total coliform (bacteria) in its water system, located at the Heritage Village Mobile Home Park in Warren.   Today's Order includes provisions for investigation and disinfection in response to any additional exceedances.

9/23/11: MassDEP issued a Unilateral Administrative Order to Montague, ATM Properties, LLC for Water Supply violations in Montague. MassDEP issued a Unilateral Order to the operator of the Montague Inn, wherein a public water system is functioning, but the owner is required to bring the system into compliance with the provisions of the new registration.  The Montague Inn is an existing facility with a nonconforming source that failed to undertake the requirements placed on it within that registration.

9/22/11: MassDEP issued a $19,400 Penalty Assessment Notice to Ting Lu for Asbestos violations in Taunton. Ting Lu had contracted for the disposal of a special waste (Asbestos) to a facility not permitted to take that waste.   MassDEP inspectors also witnessed friable asbestos material removed from building components, that were dry and not in the proper containers, also violations of the regulations.  MassDEP has attempted to reach Ting Lu several times without response prior to the issuance of today's Penalty.

9/22/11: MassDEP was notified by the Office of the Massachusetts AG, Martha Coakley that Henry Papuga, of Milford, was indicted by a Worcester County Grand Jury on charges of tampering with environmental monitoring device or method (6 counts) and making false statements (2 counts). In January 2010, the AG's Office began an investigation after the matter was initially investigated and referred by MassDEP.  The indictments stem from an incident in August 2009, when the water supply in Milford tested positive for e coli.  A subsequent order by MassDEP required residents to boil the water before consuming or using it.  The boil water order could not be lifted until testing showed two consecutive rounds of water samples that were free from contamination.  Investigators found that Papuga, who was the manager in charge of the water system, was under enormous pressure to get the boil water order lifted as soon as possible.  Authorities allege that in his effort to get the boil water order lifted, Papuga tampered with six drinking water samples by adding chlorine to the samples.

9/21/11: MassDEP was notified by the Office of the Massachusetts AG, Martha Coakley that a settlement has been reached with a Westport auto emissions inspector for allegedly conducting fraudulent inspections in violation of the state's Enhanced Emissions and Safety Test program. Under the settlement, Mark Galhardo will pay a $10,000 Penalty for performing 33 alleged fraudulent emissions inspections. Additionally, Galhardo is prohibited from conducting any emissions inspections for one year. In light of the defendant's financial circumstances, the civil penalty will be waived provided Galhardo complies with the terms of the settlement. According to the complaint filed in April 2011, from June 2006 through January 2010, Galhardo conducted at least 33 fraudulent inspections at Norwest Inspections, Inc., located in Westport, using an on-board diagnostic (OBD) emissions test. The OBD test is a simple test in which an inspector plugs the scan tool from an inspection workstation into the vehicle's OBD connector, and the workstation's computer queries the vehicle's computer for the status of the emissions control system monitors. The complaint alleges that for each fraudulent inspection, Galhardo conducted an OBD test on a different motor vehicle and then used those results to issue a passing sticker to the vehicle that came in for the inspection. This illegal practice is referred to as "clean scanning."

9/21/11: MassDEP entered into a Consent Order with a $16,380 Penalty involving Porter Transportation Company for Wetlands violations in Orange. Porter has agreed to address historic violations discovered in the course of a proposed Notice of Intent submitted.  The NOI was being reviewed relative to a solar project at the site, a former gravel bank.  Porter agreed to pay $6,380 Penalty with the remaining $10,000 suspended contingent upon the restoration of approximately 30,000 square feet of Riverfront Area.  The restoration will be conducted in a manner that will not impact or limit the development of the proposed solar project at this site.

9/21/11: MassDEP issued a Boil Water Order to the Girl Scouts of Central and Western Massachusetts for Water Supply violations at Camp Laurelwood on 17 Buteau Road in Spencer.  The group is the owner and operator of this transient non-community public water system, and originally notified MassDEP on 9/20/11 that a routine bacteria sample collected on 9/19/11 detected positive for total coliform and e coli. bacteria.  Five repeat samples collected on 9/20/11 were confirmed positive for total coliform, but negative for e coli.   MassDEP verbally informed the system of its regulatory requirements, and directed them to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to either boil the water before drinking or consume water from an alternative source.  The written Order was issued and this action taken to help insure that the people served by the system will receive water that is pure and fit to drink.

9/20/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving Hathaway Construction Corporation for Air Quality violations in Westhampton.  A Hathaway consultant disclosed to MassDEP that prior to 2006, the company had installed and operated a stone crushing and processing plant with ancillary diesel engine and diesel engine generator at its facility without first obtaining a written plan approval from MassDEP.  The company, which has fully cooperated with MassDEP, has submitted a Non-Major Comprehensive Plan Application to MassDEP in 2010. Hathaway will pay a $3,000 Penalty with the remaining $3,000 suspended pending full compliance with all terms of the agreement.

9/19/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving GTI Properties for Waste Site Cleanup violations at 365 Albany Street in Boston. GTI Properties is the owner and operator of the property at 365 Albany Street, Boston, specifically the failure meet deadlines already established in a Notice of Noncompliance that MassDEP issued on 8/31/10.  Today's Order requires GTI to submit an Immediate Response Action status report, or completion report by 12/30/11.  Thereafter, a phase four remedy implementation plan report is due by 1/30/12, and a final response action outcome statement by 10/30/12. Today's Order requires $2,000 Penalty with the remaining $3,000 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.

9/19/11: MassDEP with support from the Office of Massachusetts Attorney General Martha Coakley that General Chemical Corp. in Framingham that addresses the company's failure to provide both an effective Remedy Implementation Plan. Such a plan is necessary for how the company proposes to address existing groundwater contamination at its Framingham hazardous waste storage facility.  In addition, the company has failed to fully fund its Financial Assurance Mechanism. Such a mechanism is necessary to be made available for the state to utilize in paying to finish cleaning up the site if the company fails to do so.  The groundwater plume that originated on the property has migrated toward the Woodrow Wilson Elementary School, nearby residences, and a back-up drinking water supply aqueduct serving the city of Boston. The agreement requires GCC to establish $637,000 funding by 9/23/11 and to submit an amended cleanup plan for MassDEP's review/approval by 9/28/11. Further, the company must either double the balance of the fund (approx. $1.3 million) or submit a revised cost estimate for MassDEP's approval. The company will be given 30 days to increase the amount of the fund if MassDEP requires a higher amount based on the company's plan and the Department's determination.  Today's Order serves as a conditional stay of the deadlines as established in a previous Unilateral Administrative Order that MassDEP issued to the company on 9/7/11.

9/16/11: MassDEP entered into a Consent Order with RSK Marine, Inc., for Wetlands violations at Aucoot Cove in Marion. The Order was issued to RSK Marine, Inc. for alteration of salt marsh and barrier beach in Aucoot Cove at the end of Aucoot Avenue at the intersection of Ernest Street. Today's Order directed RSK Marine to restore the altered resource areas and to engage an environmental scientist to monitor the restoration effort for two growing seasons, to annually prepare reports on the status of the restoration effort, and to make recommendations for improvements if the restoration effort does not succeed initially.

9/16/11: MassDEP entered into a Consent Order to Hampshire/Franklin Children's Day Care for Water Supply violations in Leverett. MassDEP entered into today's Order in order to address repeated exceedances of the MCL for total coliform in its water system.  Today's Order includes provisions for investigation of the source and provisions for disinfection of the system in response to any additional exceedances.

9/15/11: MassDEP executed a Consent Order with a $2,000 Penalty involving Yankee Environmental Services, LLC for Asbestos violations in Worcester. The company is based in Billerica, and is a licensed asbestos contractor. The violations were found during inspections conducted by MassDEP inspectors at the College of the Holy Cross in Worcester in 2009.

9/15/11: MassDEP issued a Demand for a Suspended Penalty of $54,916 to Gas Recovery Systems, LLC for related to Air Quality and Solid Waste compliance at its Fall River facility. The Penalty had been suspended, as agreed to in a consent order issued on 2/4/11 due to the condition that GRS would come into compliance with a landfill gas hydrogen sulfide concentrations of 200 ppmv by 5/31/11. On 6/27/11, MassDEP received correspondence from GRS indicating the facility had not met the compliance target date criteria necessary in order for the Department to suspend the penalty.

9/15/11: MassDEP issued a Boil Water Order to Leland Farms for Water Supply violations in Sherborn in response to an e coli. positive sample collected on 9/14 and reported on 9/15. Follow-up samples taken on 9/15t and reported to MassDEP on 9/16, confirmed the presence of e coli contamination. Leland Farms consultants/operator are taking additional samples as well as investigating the cause of the e coli contamination.

9/14/11: MassDEP entered into a Consent Order with a $16,050 Penalty involving Skinner Services Inc. (d/b/a Skinner Demolition & Abatement) for Asbestos violations at 57 Norfolk Avenue in Boston. MassDEP responded to a complaint of improper demolition and/or asbestos removal and found that Skinner had commenced demolition at the site without notifying MassDEP as required.  MassDEP determined that asbestos containing materials which had not been removed prior to the demolition activity had been impacted by said demolition at the site. As a result of the violations, Skinner has agreed to pay $8,000 of the Penalty with the remaining $8,050 suspended, pending compliance over the next two years.

9/12/11: MassDEP issued a Boil Water Order to the Century Sportsman's Club, Inc. for Water Supply violations in Auburn.  The Club is the owner and operator of a transient non-community public water system at 529 Rochdale Street in Auburn.  The Clubs was originally notified on 9/7/11 that a routine bacteria sample collected on 8/31/11 had confirmed positive for total coliform and negative for e coli.  Four repeat samples collected on 9/9 confirmed positive for total coliform and one sample, collected in the distribution sample, was positive for e coli.  On 9/9, MassDEP verbally informed the Club of its regulatory requirements and directed them to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to either boil the water before drinking, or consume water from an alternative source.   This action will help insure that the people served by the PWS will receive water that is pure and fit to drink.

9/9/11: MassDEP entered into a Consent Order with Real Estate Restoration, Inc. for Solid Waste violations in Palmer. The company which had been operating as a solid waste handling operation without possessing a valid site assignment and the appropriate Solid Waste permits.  Today's Order requires certain operations to cease, and provide a compliance schedule through which the company may obtain the necessary permit to conduct certain activities through the Determination of Need process.

9/8/11: MassDEP entered into a Consent Order with a $40,000 Penalty involving Carlco Construction, Inc. for Asbestos violations in Fitchburg. MassDEP determined that Carlco Construction Inc., which is based in Leominster, was in violations for site work that the company conducted at the Community Health Connections facility located in Fitchburg in December 2010.  MassDEP observed that Carlco employees had excavated several lengths of out-of-service steam pipes covered with asbestos insulation and stockpiled them on site.  The asbestos-containing insulation was dry, uncontained, not marked with any warning labels, and was exposed to the ambient air.  No notification had been provided to MassDEP for the asbestos removal work.  Under the terms of today's Order, the company will pay $8,500, with the remaining $31,500 suspended provided the company has no further violations for one year.

9/8/11: MassDEP entered into a Consent Order with a $3,237 Penalty involving the Groton School for Waste Site Cleanup violations in Groton. The Groton School failed to notify MassDEP within two (2) hours of knowledge of an 'imminent hazard' conditions, specifically elevated concentrations of arsenic in soil.  The release occurred at the Groton School (the former campus area).  Under the terms of today's Order, the School has agreed to pay the Penalty.

9/8/11: MassDEP entered into a Consent Order with a $4,000 Penalty involving Lane Construction Corporation for Air Quality and Hazardous Waste Management violations in Northfield and Lee. In addition to the Penalty, the company has agreed to perform a $6,704 Supplemental Environmental Project (SEP). Initially, inspections by MassDEP conducted at five (5) of the company's facilities in 2010, revealed noncompliance at their Northfield and Lee facilities.  At the Northfield facility, MassDEP personnel observed excessive dust emissions from the secondary crusher.  In addition, MassDEP found that the company's Northfield facility had generated hazardous waste in excess of its registered thresholds, stored a container with waste oil that was not closed, and had another waste-oil container that lacked appropriate labeling.  The company also did not notify MassDEP of the additional hazardous waste (waste oil) it generated at its Lee facility.  The company, which cooperated with MassDEP and corrected the violations immediately after the inspection, will pay a $4,000 Penalty and has performed a SEP valued at $6,704.  This particular SEP involved the crushing and recycling of 48 concrete-filled steel drums previously removed from the Connecticut River.

9/8/11: MassDEP entered into a Consent Order with Independent Taxi Company for Waste Site Cleanup violations at 223 Albany Street in Boston. As owner and/or operator of the property, there was a reported release at the property identified during the removal of underground storage tanks in 1991.  The specific Waste Site Cleanup violations cited in today's Order, however, were for the failure to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 6/29/11.  Today's Order requires a phase two (assessment) report by 1/30/12, a phase three (remedial alternatives analysis) report by 3/30/12, a phase four (remedy implementation) report by 5/30/12, and a final response action outcome statement by 5/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.

9/7/11: MassDEP entered into a Consent Order with an $8,700 Penalty involving Martha's Vineyard Hospital for Solid Waste violations in Oak Bluffs.  In violation of solid waste regulations, the Hospital sent infectious waste to a municipal solid waste landfill.  In addition to the Penalty, Martha's Vineyard Hospital agreed (and already removed) the waste material from the landfill.

9/7/11: MassDEP entered into a Consent Order with the New General Motors (GM) for National Vehicle Mercury Switch Recovery Program compliance.  'New GM' made a voluntary payment of $4.5 million to End of Life Vehicle Solutions Inc. (ELVS), the organization established by U.S. automobile manufacturers to collect and recycle mercury switches from vehicles before they are crushed and their steel is recycled.  This payment supplements a separate settlement of $2.8 million made with 'Old GM' to resolve claims by 12 states that have adopted legislation requiring car makers to pay for collection and recycling of mercury switches from "end of life" vehicles, which was negotiated through 'Old GM's' bankruptcy proceeding.  Massachusetts was the lead state in negotiations with both Old GM and New GM, to ensure that the manufacturer of about half of the vehicles that contain mercury switches and are reaching the end of their useful lives meets its obligations to remove mercury from those vehicles, thereby preventing mercury emissions to the air from steel re-smelters.  This effort was handled by Assistant Attorney General Carol Iancu of the Environmental Protection Division, with assistance from Jennifer Davis and Robert Ritchie of the MassDEP Office of General Counsel, and Mark Smith of the MassDEP Office of Research and Standards.  MassDEP Commissioner Kenneth Kimmell led efforts by a number of state environmental commissioners to convince both Old GM and New GM to support the national program.  The effort to bring New GM  along and continue its support of this program was initiated through letters from the New England Governors' Conference) NEGC Environment Committee and its Mercury Task Force, as well as the Environmental Council of the States (ECOS) Quick Silver Caucus in 2009.

9/2/11: MassDEP entered into a Consent Order a $2,000 Penalty involving Pobeda RT II LLC for Waste Site Cleanup violations at 30 Washburn Street in Watertown. Pobeda RT II LLC, is the owner and/or operator of the property where violations cited involved the failure to meet deadlines set out in a previous Consent Order dated 5/21/09.  Today's Order requires a tier two permit extension submitted by 9/15/11 and a final response action outcome statement by 10/31/12. The company is also required to pay the $2,000 Penalty and there are stipulated penalties for any missed deadlines.

9/1/11: MassDEP entered into a Consent Order with a $1,720 Penalty involving Cedar's Mediterranean Foods, Inc. for Solid Waste violations in Haverhill.  During a 2010 inspection at the Covanta Waste-to-Energy facility in Haverhill, MassDEP personnel observed a load of waste generated by Cedar's that contained recyclable plastic and metal containers being tipped at the facility for disposal.  These materials are restricted from disposal under the state's waste bans.  In 2009, MassDEP had already issued a Notice of Noncompliance to Cedar's for similar violations of the waste bans. Today's Order requires Cedar's to pay the Penalty, train (annually) its employees in how to properly manage and divert from disposal these materials that are banned from disposal.  Today's Order also allows MassDEP to visit Cedar's food manufacturing facility in Haverhill to verify that operational improvements have been implemented.

9/1/11: MassDEP was notified by the Office of the Massachusetts AG, Martha Coakley that the owners of a Lowell asbestos abatement company and its four corporate officers pled guilty in District Court to criminal violations related to wage and labor laws.  This case was initiated by the AG's fair labor division, which received complaints from seven employees of Northeast Abatement alleging that the company had failed to pay them for the asbestos removal work they performed from January 2010 through March 2010 at the Village School in Marblehead.  Because the case involved asbestos work, for which employees were not properly paid, the AG relied on technical assistance from MassDEP.  In addition to the wage law violations, the company and the owners were also debarred from bidding on or contracting for public construction contracts.

9/1/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving Consigli Construction Co., Inc., for Asbestos violations at Peddocks Island in Boston Harbor.  Consigli is the general contractor working at Peddocks Island.  Consilgi subcontracted JR Vinagro to perform demolition and asbestos abatement on the Island.  During a routine inspection of demolition and asbestos abatement operations on Peddocks Island in Boston Harbor, MassDEP observed breaches in the asbestos abatement work area seal. In addition, MassDEP observed inadequately- wetted asbestos material and containers that were not properly labeled. As a result of the violations observed by MassDEP, Consigli will pay $2,500 and $2,500 will be suspended for a period of one year.

August 2011

8/31/11: MassDEP entered into a Consent Order with a $29,648 Penalty involving Flo Chemical Corp. for Air Quality violations at its Ashburnham facility.  During a recent follow-up inspection, MassDEP determined the company had new and repeated violations of its air (permit) plan approval.  The company was not conducting permanent total enclosure testing, and it had not been maintaining all required operating records.  Failure to keep appropriate records caused the company to misreport annual emissions and potentially exceed approved emission limits.  Under the terms of today's Order, the company will pay $15,360 with the remaining $14,288 suspended pending compliance with the Order along with the submission of documentation that demonstrates the company did not exceed major source thresholds for alcohol emissions.  This action will help ensure compliance with applicable regulations.

8/31/11: MassDEP issued a Unilateral Administrative Order to General Chemical Corp. to General Chemical Corp., a licensed commercial hazardous waste storage facility on Leland Street in Framingham. Under today's Order, GCC is required to provide sufficient financial assurance to guarantee it will implement required corrective actions to address volatile organic compound (VOC) groundwater contamination that originated on its property and has since migrated toward the Woodrow Wilson Elementary School and nearby residences.  In addition, the contamination is near a back-up drinking water supply aqueduct serving the city of Boston. The contaminated groundwater plume has migrated in part due to improperly designed remedial actions undertaken previously by GCC and its environmental consultants. The financial assurance mechanism would allow MassDEP to draw on the funds and complete cleanup of the GCC site should the company fail to do so. Under today's Order, GCC is given until 9/9/11 to provide the required financial assurance or face partial suspension of its license to receive and store hazardous wastes. If suspended, GCC would also be required to remove by 9/21/11 all hazardous and non-hazardous wastes it currently stores [GCC filed a lawsuit challenging today's Order on 9/7/11].

8/31/11: MassDEP issued a Boil Water Order for Blueberry Estates in  Lakeville for exceedence of total coliform (bacteria). Blueberry Estates is a small community public water system, eighty (80) individuals. [The Order was terminated on Saturday, September 3, 2011 with the laboratory reporting the results of the Thursday and Friday distribution system total coliform sample results as all clean].

8/30/11: MassDEP executed an Amendment to an existing Consent Order with the Unitarian-Universalist Rowe Camp & Conference Center, Inc., in Rowe. The facility has agreed to address a water quality problem at the Center's small transient non-community public water system.  The amendment addresses Groundwater Rule compliance requirements following detections (or indicator) of fecal coliform in the source water for a portion of its system serving two buildings.  Prior to this Amendment, the facility, a public water system, was issued a Boil Water Order but only affecting the distribution system serving the two buildings.  The primary distribution system serving the main buildings is not affected by either these Orders.

8/30/11: MassDEP issued a Boil Water Order to Colrain Fire District #1 in Colrain. The District agreed to address contamination concerns when floodwaters entered its water system.  The Order includes sampling and disinfection as well as public notice and reporting.  The Town of Colrain assisted in distributing the public notice to residents and the media.

8/30/11: MassDEP entered into a Consent Order along with a Superseding Order of Conditions with William Curtis for Wetlands violations at 118 Grove Avenue in Westport. Today's Order requires the removal of an unauthorized timber bulkhead and trap rock from a barrier beach.  The structure was installed without a valid Order of Conditions and because the structure impacted approximately 500 square feet of barrier beach.  Initially, the Westport Conservation Commission had issued an Enforcement Order requiring the filing of a Notice of Intent - which is the precursor to obtaining an Order of Conditions.  Curtis filed the Notice to remove the bulkhead and trap rock and included other activities including reconstruction of an existing stone revetment but this Notice was denied.  Curtis then appealed the denial but was required to remove this unpermitted structure and perform restoration of this barrier beach area.  Today's Order along with an authorized reconstruction of the stone revetment entails additional nourishment and beach grass planting to restore the barrier beach.  Curtis's property was adversely impacted by Hurricane/Tropical Storm Irene. Today's Order will assist in his ability to respond to the storm impacts.

8/30/11: MassDEP entered into a Consent Order with a $30,000 Penalty involving Medford Public School Department for Asbestos violations at 437 Main Street in Medford.  MassDEP responded to a complaint of illegal asbestos removal at the Curtis Tufts Alternative High School at this location. During the inspection, MassDEP observed that Medford had performed improper asbestos removal at the site. MassDEP personnel determined that Medford did not notify the Department of the asbestos abatement activity as required by the regulations. In addition, MassDEP determined that asbestos containing material had been improperly removed without the use of water, work area seal, or air cleaning devices as required by the regulations. The Penalty will be suspended for the period of three years. In addition, Medford will send two full time staff members to an approved training course for "Asbestos Associated Project Workers" within 180 days.

8/30/11: MassDEP issued a Boil Water Order to Ledgewood Estates Condominium Trust for Water Supply violations (elevated bacteria) in Grafton. The Trust is the owner and operator of a small community public water system (PWS) that serves the condominium complex located on Milford Road in Grafton. This PWS was originally notified on 8/27/11 that a routine bacteria sample collected the previous day was confirmed positive for total coliform and positive for e coli.  All three repeat samples collected on 8/26/11 were confirmed positive for total coliform and negative for e coli.  On 8/27/11 MassDEP verbally informed the PWS of its regulatory requirements, and directed the PWS to evaluate the cause of the contamination, take corrective actions, and instruct the consumers to boil the water before drinking.  The written Order was subsequently issued to the PWS on 8/30/11.  Today's action will help insure that the approximately 48 persons served by the PWS daily will receive water that is fit and pure.  

8/29/11: MassDEP entered into a Consent Order with a $21,575 Penalty involving Commonwealth Contracting Services LLC, for Asbestos violations at 100 Boylston Street in Boston. MassDEP inspected the work area at this location and determined that CCS had commenced asbestos abatement operations before it notified MassDEP as required by the regulations. In addition, MassDEP noted dry asbestos waste in approximately fifty labeled, asbestos waste bags. Department personnel determined that HEPA air cleaning machines operating in the CCS work area did not have alarms as required by the regulations.  As a result of the violations observed by MassDEP, the company will pay $12,000 with $9,575 suspended for two years pending compliance.

8/29/11: MassDEP issued a Unilateral Boil Water Order to Vine Brook Estates Condominium Trust for residents at this facility in Westford. MassDEP issued a Unilateral Order/Boil Order to Vine Brook Estates in Westford in response to a power outage from Tropical Storm Irene causing water pressure to drop below acceptable levels. The facility will be under a "Boil Water Order", until samples indicate a demonstrated lack or no detectable coliform in the water.

8/29/11: MassDEP issued a Declaration of Water Supply Emergency to Deerfield Fire District in Deerfield. The District reported the closure of one of its sources which was affected by flooding.  The Declaration was issued to address the loss of water to several homes and the provision of alternate water.  The District, with the concurrence of Greenfield, opened its interconnection with Greenfield to ensure a continued supply to the majority of the District's customers.

8/29/11: MassDEP issued a Boil Water Order to the Hillenbrand Road area of the Williamsburg Water Department in Williamsburg. The Water System must address contamination concerns when a main under the Mill River was compromised.  The Boil Water Order is limited to the Hillenbrand Road service area and the Water System has plans to provide adequate service to this road via another portion of its water distribution system.

8/26/11: MassDEP entered into a Consent Order with Brimfield Housing Authority for Water Supply violations in Brimfield.  MassDEP found the Brimfield Housing Authority failed to address repeated exceedences of the Maximum Contaminant Level for total coliform (bacteria) in its public water system.  Today's Order includes required response actions and specifies disinfection procedures should any additional exceedences occur in the next twelve months.

8/26/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Senate Construction Corporation for Asbestos/Demolition violations at Boston University Residence Hall, 273 Babcock Street.  MassDEP responded to a request for approval to perform emergency asbestos removal at 273 Babcock Street in Boston. During the inspection MassDEP observed that this company was performing demolition/renovation at the site. MassDEP determined the company had not notified the Department of the demolition/renovation activity as required by the regulations before beginning work. As a result of the violation, the company will pay $250 with $750 suspended. The suspended penalty is contingent on continued compliance for one year.  

8/25/11: MassDEP entered into a Consent Order with Pride Convenience, Inc., for Underground Storage Tank (UST) violations in Springfield.  The company has agreed to address the company's noncompliance with the UST regulations at the company's twenty-two (22) gasoline dispensing facilities in western Massachusetts.  The company did not have the required automatic line leak detectors on its USTs and did not have the required financial responsibility mechanism. That mechanism is required for the coverage of the costs associated with the remediation of releases from the USTs and compensation of third parties adversely impacted by these releases.  Today's Order requires the company to install the requisite leak-detectors at each of its facilities within one hundred eighty days.

8/25/11: MassDEP entered into a Consent Order with a $27,000 Penalty involving Solutia, Inc. for Industrial Wastewater, Air Quality and Hazardous Waste Management violations.  Several of Solutia's reports indicated failure to operate manufacturing processes and pollution control equipment in accordance with approvals, its operating permit, and the regulations. The company also reported a release of coolant from an air conditioning unit to the Chicopee River in July 2011.  Also, an earlier inspection by MassDEP at Solutia from 10/27/10 revealed a hazardous waste labeling violation.  Solutia has cooperated with MassDEP during this investigation and initiated corrective actions to address the noncompliance.  The company will pay $21,000 of the Penalty with the remaining $6,000 suspended pending demonstrated compliance with the terms of the agreement.

8/25/11: MassDEP entered into a Consent Order with a $12,000 Penalty involving Industrial Power Services, Corp. for Air Quality and Hazardous Waste Management violations at its facility located at New Ludlow Road in Granby.  A MassDEP inspection conducted at the facility revealed that company had failed to maintain records as required by its operating permit, and submitted inaccurate source registration and emission statement forms.  Further, it had failed to comply with its carbon monoxide and nitrogen oxides emission limits, and failed to properly label a container of hazardous waste.  Industrial Power Services, Corp., which has cooperated with MassDEP, has initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection.  As part of the consent agreement, Industrial Power Services, Corp. has agreed to pay $10,000 with an additional $2,000 suspended pending the company's compliance with the terms of the agreement.

8/25/11: MassDEP entered into a Consent Order with a $12,000 Penalty involving Steinerfilm, Inc. for Industrial Wastewater and Hazardous Waste Management violations at its two facilities in Williamstown. MassDEP conducted inspection at these facilities revealed that the company was not complying with the storage requirements for universal waste (regarding its waste fluorescent lamps) and hazardous waste, and exceeded the hazardous waste storage time limits. The company was also discharging industrial wastewater to the groundwater and surface water and failed to monitor its discharges to surface water at the frequency required by its NPDES permit. Additionally, the company was not reporting to MassDEP all the required surface water discharge monitoring data.  Steinerfilm, Inc., which cooperated with MassDEP, began initiating corrective actions to address the noncompliance issues immediately after the inspection. Under today's Order, the company agreed to perform an environmental audit of its facilities in order to identify and correct any noncompliance with applicable statutory and regulatory requirements. Steinerfilm will pay $8,000 of the Penalty with the remaining $4,000 suspended pending the company's compliance with all terms of the agreement.

8/25/11: MassDEP entered into a Consent Order with a $3,000 Penalty involving Kyung Won Kim (d/b/a Kim Properties Holding, LLC) for Asbestos violations in Wilbraham.  MassDEP discovered the violations during an investigation of a complaint regarding the improper removal of asbestos-containing materials at the U.S. Taekwondo Center located in Wilbraham.  During an inspection of the facility, MassDEP confirmed that Kim, the owner of the property, had asbestos thermal system insulation (TSI) removed from a boiler and its ancillary components without instituting the proper asbestos handling procedures.  In addition dry, friable asbestos was left in various locations in the basement of the facility.  MassDEP also found a pile of partially-burned furniture and building materials outside of the facility.  Under the terms of today's Order Kim has agreed to pay a penalty of $3,000, and Kim will also pay $5,569, which is the balance of a penalty previously assessed against Kim for violations of the MassDEP's asbestos regulations at the same facility.

8/23/11: MassDEP entered into a Consent Order with Barry A. and Dawn Phaneuf for Water Supply violations in Mendon.  Today's Order establishes an enforceable schedule for the development of an approved transient, non-community public water system (TNC) at their bar and restaurant, Barry's Place. The restaurant is located at 35 Hastings Street in Mendon.  Today's Order requires the owners to operate the on-site well in accordance with all the requirements of a TNC. Among those are: hiring a certified operator, carrying out a monitoring program, developing a coliform sampling plan, completing all cross-connection (backflow prevention) requirements; providing specifications for the well construction and water distribution system; developing an Emergency Response Plan, and recording the Public Water Supply in the Registry of Deeds.  Under today's Order, the owners agree not to expand the PWS without prior MassDEP approval.  This action will ensure that the system will continue to distribute water that is safe and fit to drink.

8/23/11: MassDEP issued a Unilateral Order to Bear Hill Estates, LLC for Wetlands violations that occurred during construction activities at the Bear Hill Estates residential subdivision in Rutland.  Inspection of the site by MassDEP identified inadequate erosion and sedimentation controls resulting in the alteration of bordering vegetated wetlands and a stream on the property.  This activity is also in violation of a local Conservation Commission permit.  Today's Order requires the owners to immediately install effective erosion controls, and to stop the discharge of sediment and silt from the site.  The owners are also required to hire an erosion control specialist to develop and submit a plan to control silt laden runoff and stabilize soils at the site, as well as hire a wetlands specialist to evaluate the extent of damage to wetlands resource areas and submit a restoration plan to MassDEP.  Both plans require the subsequent approval from MassDEP.  Compliance with this Order will result in the placement of proper erosion controls, and assure that they function properly to protect down-gradient wetland resource areas.

8/23/11: MassDEP entered into a Consent Order with a $4,000 Penalty involving  R. M. Technologies, Inc. for Asbestos violations at 215 Canal Street in Lawrence.  MassDEP responded to a complaint from the Massachusetts Division of Occupational Safety regarding improper asbestos removal by RM Tech at 215 Canal Street in Lawrence. During the inspection MassDEP observed that RM Tech's work area was not properly sealed, that air cleaning was not properly utilized, that asbestos containing material, which had been removed, was not kept wet - as is required - and that the asbestos containing waste containers were not properly sealed. Under today's Order, RM Tech will pay $2,000 and $2,000 will be suspended for a period of one year pending continued demonstration of compliance.

8/23/11: MassDEP entered into a Consent Order with a $20,000 Penalty involving Haddad Service Station, Inc. for Waste Site Cleanup violations at 205 Broadway in Somerville. .  Specifically, violations were for failure meet deadlines set out in an earlier Consent Order with Penalty as Amended dated 2/23/10.  Under today's Order, the company is required to complete and submit a final Response Action Outcome statement by 10/30/12. Today's Order requires a $2,000 Penalty with $18,000 suspended pending compliance. There are also stipulated penalties for any missed deadlines.

8/23/11: MassDEP entered into a Consent Order with a $27,630 Penalty involving Columbia Construction Company for Wetlands, Surface Water Quality violations at 310 Lowell Street in Andover. Columbia is the contractor performing work at the Internal Revenue Service Building on the Site.  Responding to a complaint, MassDEP staff found turbid water discharging from this site into an intermittent stream and Bordering Vegetated Wetland, a tributary to Fish Brook. This Brook is a perennial class stream. The discharge resulted in deposition of large amounts of sediment covering approximately 200 linear feet of the stream channel (the bank) and over 5,000 square feet of BVW.  There was no prior authorization for this work.  Today's Order requires sediment removal and full restoration of resource areas with long term monitoring and reporting.  The company will pay $14,000 of the Penalty with the remaining $13,630 suspended pending full compliance.

8/23/11: MassDEP executed a Consent Order with a $21,500 Penalty involving Cornelia G. Stutz for Wetlands violations at 2 and 3 Eustis Road in Marblehead. MassDEP found violations of a Wetland Protection Act Superseding Order of Conditions (i.e. permit) at this location.  Responding to a complaint from the Marblehead Conservation Commission, MassDEP inspected the property and found that work was being performed without adequate erosion controls and in non-compliance with multiple conditions of the SOC.  The work had resulted in unauthorized filling of approximately 200 linear feet of Coastal Bank, 2,000 square feet of Bordering Vegetated Wetland, and 10,000 square feet of Land Subject to Coastal Storm Flow.  Today's Order requires full restoration of all altered resource areas with a long term monitoring plan and completion of authorized work in compliance with the permit.  Stutz has also agreed to pay $10,750 of the Penalty with the other $10,750 suspended pending demonstration of full compliance.

8/22/11: MassDEP entered into a Consent Order with a $29,750 Penalty involving Lynn Water & Sewer Commission for Wastewater or Water Pollution Control violations in Lynn. The Lynn Water & Sewer Commission (LWSC) has a history of noncompliance related to its wastewater treatment plant and its combined sewer overflows.  Recently three of the outfalls were found to be discharging during dry weather in direct violation of its discharge permit.  These discharges are related to a sensor failure at the wastewater treatment plant which went unaddressed for days until the activation became known.  Today's Order requires LWSC to maintain additional sensors at the wastewater treatment plant, to update its High Flow Management Plan and update its Overflow Response Plan.  In addition, LWSC will pay $15,000 with the remaining $14,750 suspended upon demonstrated compliance with the terms and conditions of today's Order.

8/19/11: MassDEP issued a Unilateral Order to Joseph Savino (as trustee of Bishop's Landing Condominium Trust) for Water Supply violations at 10 Camelot Drive in Stoughton. The Trust operates an unregistered Public Water System that is currently in violation as unregulated, un-registered.  Today's Order requires the Trust to immediately bring the system into compliance.  The Order requires the Trust to hook up to the town of Stoughton's public water supply.  Within 120 days of the issuance of today's Order, the Trust must submit a completed action plan outlining the steps the Trust will take to hook up to the town of Stoughton's public water supply.  MassDEP/DWP is assisting Bishop's Landing Condominium Trust in pursuing State Revolving Fund (low-interest loans) for the required connection to the town.

8/19/11: MassDEP executed a Consent Order with a $31,000 Penalty involving RJ Cincotta Company, Inc., for Waste Site Cleanup violations at its facility on Route 125 in Andover. The company is responsible for waste site cleanup violations at this location specifically; failure to submit Immediate Response Action reports and achieve a final Response Action Outcome within the deadlines. MassDEP had on 2/7/11 noted the failure in a Notice of Noncompliance that was issued to the company.  New deadlines have now been established in today's Order to return the cleanup back into compliance.  These actions include the submittal of a final RAO by 1/1/12.  In addition, the company has agreed to pay $5,000 of the penalty, with the additional $26,000 suspended, pending compliance with all terms of today's Order.

8/19/11: MassDEP entered into a Consent Order with a $10,340 Penalty involving Nexx Systems, Inc. for Hazardous Waste violations at 900 Middlesex Turnpike in Billerica.  A review of electronic monthly operating reports (EMORs) submitted by hazardous waste transporters to MassDEP indicated that Nexx Systems, Inc. may be operating "out-of-status" by generating more hazardous waste than the company's notification to MassDEP indicated.   A multi-media inspection was conducted at the facility.  The company was found to be acting as a large quantity generator (LQG) of hazardous waste and several hazardous waste management violations were observed.   Today's Order requires Nexx Systems, Inc. to correct all observed violations, and pay an administrative penalty of $10,340.  Of the total penalty amount, $9,480 represents the amount owed for (avoided) unpaid annual hazardous waste compliance assurance fees.

8/18/11:  MassDEP entered into a Consent Order with Louis B's due to Chapter 91/Wetlands violations in Southwick. Today's Order with Louis B's, which is a restaurant on Congamond Lakes, is in connection with an unlicensed marina operated at the restaurant.  While the facility had a pending application for this existing facility, it had failed to complete the permitting process.  Today's Order specifically provides an attainable schedule for completion of the permitting, or failing that, the removal of the docks.

8/18/11: MassDEP entered into a Consent Order with New England Wind, LLC for Wetlands violations in Florida. The violations were in connection with a previous Notice of Noncompliance (NON) issued by MassDEP for the company's wind power project in Florida.  Today's Order adopts changes to the project plans developed after MassDEP inspection in December 2010. That inspection resulted in the NON. The facility will correct the noncompliance issues with site preparation and a revision made to a stream crossing substituting an open bottom crossing for the proposed culvert.

8/18/11: MassDEP entered into an Amendment to an existing Consent Order with the town of Holland, for Water Supply violations in Holland. The amendment concerns its Senior Center water system and the connection of other town offices to the same water supply source. Today's Order includes the requirement to conduct a pumping test and potential well rehabilitation activities.

8/18/11: MassDEP executed an Amendment to an existing Consent Order with the city of Somerville for Waste Site Cleanup violations at 20-22 Prospect Street in Somerville.  The Somerville Redevelopment Authority is the owner of the former Kiley Barrel Site at this location. MassDEP has agreed to extend deadlines established in the previous Consent Order (as executed on 6/5/09).  Specifically, today's Amendment extends deadlines for the submittal of a phase four - or the Remedy Implementation Plan - and the final Response Action Outcome Statement or Remedy Operation Status Submittal.  This location is part of the ongoing Brownfields Support Team Initiative, involving the city's North Prospect Block Redevelopment Project and the revitalization of Union Square.

8/16/11: MassDEP issued a Unilateral Order to Option Institute & Fellowship for Water Supply violations in Sheffield. MassDEP issued the Declaration of Water Supply Emergency to the Institute in response to a written petition.  The Institute, which serves as a public water system reported a well pump failure and it has sought the use of bottled water as a temporary measure to provide its customers adequate supply of drinking water during the Emergency.

8/15/11: MassDEP entered into a Consent Order with a $20,150 Penalty involving Benjamin Builders, Inc., for Wetlands violations at Cook Pond Estates in Templeton.  Benjamin Builders, Inc., which is based in Lunenburg, has agreed to resolve violations of the Wetlands Protection Act that occurred during construction activities at this development located on Hubbardston Road in Templeton.  The ACOP requires the company to complete restoration work in 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, and a monitoring report will be submitted to MassDEP at the conclusion of the work.  Today's Order contains a fully suspended Penalty of $20,150 due to the demonstration of an inability to pay. The Order does require, however, the full restoration of 5,000 square feet of Bordering Vegetated Wetlands and 100 linear feet of stream bank.

8/15/11: MassDEP issued a Unilateral Order to Dragon Hill Resident's Association for Water Supply violations in Shelburne. MassDEP issued the Declaration of Water Supply Emergency to the Association in response to a written petition.  The Association had been conducting a tank inspection and cleaning. The Declaration will allow this "Community Public Water System" to provide bulk and/or bottled water to its users during such time as the system is not in full operation.

8/15/11: MassDEP issued a Unilateral Order to the Granby Housing Authority for Water Supply violations in Granby. MassDEP issued the Declaration of Water Supply Emergency to the Authority in response to a written petition.  The Authority is conducting a tank inspection and cleaning.  The Declaration will allow this "Community Public Water System" to provide bulk and/or bottled water to its users during the period when the system is not in full operation.

8/15/11: MassDEP entered into a Consent Order with John Hodgdon of CJ's Restaurant for Water Supply violations in Palmer.  MassDEP concluded an Administrative Consent Order with Hodgdon, the owner of CJ's Restaurant concerning its repeated exceedences of the maximum contaminant level for total coliform (bacteria) in its drinking water.  Today's Order calls for the operator to address certain required actions over the next twelve months.

8/15/11: MassDEP issued 219 Notices of Noncompliance to Non-Reporting Dentists in Massachusetts relative to the Environmental Results Program.  The dental facilities are those that have failed to re-certify with MassDEP that they have installed and were using amalgam separator systems to divert waste mercury from their wastewater discharges and safely recycle it.  These facilities were among 1,600 that submitted voluntary certifications to MassDEP in 2005, but were subsequently required to re-certify in 2010 and every five years thereafter when the agency made the certification program mandatory. Dental amalgam mercury recycling is effective at keeping the toxic heavy metal out of the environment.  In 2007, the Massachusetts Water Resources Authority (MWRA) reported mercury levels in Boston metropolitan area wastewater sludge had been cut in half during the first year of the voluntary program alone.

8/11/11: MassDEP entered into a Consent Order with a $16,440 Penalty involving Accutech Insulation and Contracting, Inc. for Asbestos violations in Ludlow. AccuTech is a Massachusetts-licensed asbestos abatement contractor that was found to be in violation of asbestos handling regulations.  MassDEP received a complaint regarding the improper handling and storage of asbestos-containing waste material at this company's office/warehouse.  MassDEP investigated and confirmed the allegations.  Under the terms of a settlement agreement with MassDEP, AccuTech will modify its standard operating procedures to prevent any other future noncompliance or violations of the asbestos handling requirements.  The company will pay $6,440 of the penalty, with the remaining $10,000 suspended during a two-year probationary period.

8/11/11: MassDEP issued a Unilateral Order to Apple D'Or Tree, Inc. for violations at a composting operation it runs on Morton Street in Boston. The property is owned by the Commonwealth (the Department of Conservation and Recreation).  Today's Order requires Apple D'Or Tree to take immediate and near-term measures to prevent combustion of materials at the site and to implement all  necessary and appropriate measures to minimize and mitigate the potential of fire at the site.  Additional enforcement actions concerning violations of MassDEP rules and regulations governing the receipt and management of solid waste and composting materials and an enforceable schedule in order to bring the site back into compliance is anticipated.

8/11/11: MassDEP entered into a Consent Order with a $7,700 Penalty involving Angelica Textile Services, Inc. for Air Quality, Hazardous Waste Management, Industrial Wastewater and Toxics Use Reduction violations at its facility in Worcester. Among the violations were: it discharged industrial wastewater having pH values both above and below required pH limits; it failed to have engineering plans and an operation and maintenance manual for its industrial wastewater pretreatment system; it failed to provide accurate air pollution control information; it failed to submit a Toxics Use Reduction plan summary; and, it failed to comply with Hazardous Waste Management requirements.  Today's Order requires the company to comply with all applicable regulations, and to pay the entire $7,700 Penalty.

8/11/11: MassDEP entered into a Consent Order with a $15,325 Penalty involving Wojtkowski Brothers,  Inc. for Asbestos violations in Pittsfield.   The violations were discovered during MassDEP's inspection of the renovation work that was being conducted at a commercial building.  During the inspection, MassDEP determined Wojtkowski Bros., the owner of the property, had removed asbestos-containing floor tiles and mastic without filing an asbestos notification, and without instituting the proper asbestos handling procedures.  Wojtkowski Bros. cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. Under today's Order, Wojtkowski Bros. has agreed to pay $5,000 of the Penalty, the balance, or $10,325, will be suspended for one year provided that Wojtkowski Bros. remains in compliance with the state asbestos regulations.  Wojtkowski Bros. has also agreed to implement procedures to prevent similar violations of the asbestos regulations from recurring in the future.

8/11/11:  MassDEP entered into a Consent Order with a $12,000 Penalty involving Boulanger's Plumbing and Heating, Inc. in Easthampton. Boulanger's Plumbing and Heating has failed to comply with Clean Up Regulations by operating a plasma cutting torch causing contamination of soil at the site with a reportable concentration of chromium. The company was obligated to report the release within 120 days of its discovery, but failed to do so.  In addition, the company failed to respond to a formal Request for Information from MassDEP. The company further failed to meet an established interim deadline and failed to respond to the resulting Notice of Noncompliance issued by MassDEP.  Under today's Order, the company agreed to correct the violations and will pay $5,000 of the Penalty; MassDEP has agreed to suspend the remaining $7,000 pending the company's compliance with the terms of the agreement.

8/10/11: MassDEP entered into a Consent Order with the town of Becket for Water Supply violations at Mullen House and Becket Arts Center in Becket. Today's Order addresses the registration of  the pubic water system serving the buildings and operator, monitoring, emergency response, cross connection and related drinking water compliance matters.

8/10/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving Wayne Perry and June McKane for Wetlands violations at West Center Road in Otis. The violations found were in respect to land owned by McKane and located at 671 West Center Road, Otis.  Work at this location was undertaken associated with a landscaping business in violation. MassDEP's review of ortho-aerial photos, from 2005 indicated that 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled in to expand the area for the landscaping business. Wetlands change polygon WC2-255-1 was evaluated by staff and following a detailed inspection conducted 5/10/11 the filled wetland was confirmed. The Order requires Perry, with the consent of the owner, McKane, to fully excavate and restore the impacted BVW by 11/15/11 with the full $5,000 Penalty suspended contingent upon full compliance with terms of the Order.

8/10/11: (revised) 12/12/11-MassDEP issued a Unilateral Order and a $96,222 Penalty Assessment Notice involving Heritage-Crystal Clean LLC regarding Hazardous Waste Transporter violations.  The company, which is based in Elgin, Illinois, was ordered to cease transporting waste high-flash mineral spirits in Massachusetts unless it uses shipping papers or manifests that comply with the hazardous waste transportation requirements.  The Order and Penalty Assessment Notice allege that on 237 occasions Heritage used a shipping paper that does not comply with 310 CMR 30.223(4)(b).  Heritage is a MassDEP-licensed hazardous waste transporter that supplies mineral spirits to more than 200 Massachusetts auto dealerships, auto/truck repair garages, machine shops and other businesses for use as a metal parts cleaning solvent. The company also collects waste mineral spirits for transport to its recycling facility in Indianapolis, Indiana.  

8/10/11: MassDEP executed a Consent Order with a $5,750 Penalty involving Chatham Bars Inn for Water Pollution Control violations in Chatham. Chatham Bars Inn was in violation relative to the release for approximately 20 days partially treated sewage from newly installed wastewater equipment. Today's Order requires repair of leaking tanks along with payment of the Penalty.

8/8/11: MassDEP executed a Consent Order with a $36,581 Penalty involving Niklaus Painting and Construction Co., Inc. for Asbestos violations in Hopkinton. Niklaus Painting and Construction Co., Inc., which is based in Pepperell, was discovered to be violation during an August 2009 inspection of renovation work that the company was conducting at the former Life Technologies Corp. facility in Hopkinton.  MassDEP inspectors observed that the company's employees had removed dry floor tiles coated with asbestos-containing mastic, and had placed them uncontained in an open top roll-off container located in the facility's parking area, leaving them exposed to the ambient air.  Under the terms of the settlement, the company has agreed to comply with all applicable regulations in the future, and to pay $2,500 of the Penalty.  The remaining $34,081 of the Penalty will be suspended provided that the company has no further violations for one year.

8/5/11: MassDEP entered into a Consent Order with a $16,050 Penalty involving FCI Inc., for Asbestos violations at 32 Shortell Avenue in Beverly. MassDEP responded to a complaint of improper removal at this property and observed visible pieces of dry, uncontained asbestos containing debris in the former work area. In addition, MassDEP determined that a final visual inspection and air sample had not been performed by a third party consultant as required.  MassDEP later performed a follow-up inspection of FCI's office and waste trailer located at 96 Lynn St. in Peabody. During the inspection MassDEP personnel observed waste which was not properly packaged in leak-tight containers in the trailer. Subsequent investigation of the FCI notifications revealed that some required notification fees had not been paid and inaccurate information had been supplied to MassDEP in some of the company's filings.  As a result of the violations, FCI will pay $4,530 and the sum of $11,500 will be suspended for the period of two years. The small business policy was utilized in reaching this settlement.

8/4/11: MassDEP entered into a Consent Order with a $15,380 Penalty involving Absolute Oil Co., Inc., for Waste Site Cleanup violations at 27R Mason Street in Peabody.  Specifically, the company failed to report a sudden release of approximately 30 gallons of home heating oil (#2 fuel oil) that occurred at a commercial property. The violations, release, occurred as a result of an accident during the transfer of oil from one truck to another, in violation of the regulations. Additionally, the company conducted an Immediate Response Action without MassDEP approval.  Today's Order requires the company to prepare and submit to MassDEP an "Oil and Hazardous Material Release Reporting and Response Plan." A Plan that is aligned with applicable regulations is to be utilized by the company's employees in the event of any future release incidents.  Absolute Oil has also agreed to pay 5,000 of the Penalty, with $10,380 suspended pending compliance.  There are also stipulated penalties of $1,000 per day, for any future violations,

8/3/11: MassDEP entered into a Consent Order with SPX Corporation for Waste Site Cleanup violations at 19 Hathaway Road in New Bedford.  SPX Corporation of Charlotte, North Carolina, is the former owner of the property from which there has been a release of oil and hazardous materials.  Back in February 2011, MassDEP issued SPX a Notice of Noncompliance for having failed to complete the response actions required in a timely manner.  SPX requested additional time in which to comply with the NON.  Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should SPX fail to comply.

8/3/11: MassDEP entered into a Consent Order with Henry J. Bernier, Jr. for Waste Site Cleanup violations at 140 Dana Street in Taunton. Bernier is the current owner of the property on which there had been a release of oil.  Back in May 2011, MassDEP issued Bernier a Notice of Noncompliance for having failed to complete the response actions that are required.  Bernier has now requested additional time in which to comply with the NON.  Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should Bernier fail to comply.

8/2/11: MassDEP Commissioner Kenneth Kimmell issued a Final Decision approving a Settlement Agreement involving Nelson Sleeper for Drinking Water violations in Charlton. Commissioner Kimmell has approved the Settlement Agreement of Consent Order between MassDEP and Sleeper.  Today's Decision will resolve Sleeper's appeal of a Penalty first issued in 2008.  Sleeper formally owned and operated a Community Public Water System serving the residents of a three building apartment complex located in Charlton.  MassDEP personnel determined that residents of the apartment complex were receiving drinking water from an unapproved source that did not meet the requirements for a public water supply.  Testing and monitoring of the water supply source had been suspended.   Sleeper subsequently complied with the terms of the initial Order that accompanied the Penalty, and then sold the property. Under the terms of today's Decision, Sleeper, who is no longer affiliated with the complex, is required to pay the $15,000 Penalty within 30 days.  

8/1/11:  MassDEP entered into a Consent Order with Fourzol LLC for Waste Site Cleanup violations at 340 Washington Street (Fox Cleaners) in Weymouth.  A Comprehensive Audit was conducted of Waste Site Cleanup actions at this location. A final Response Action Outcome was received by MassDEP on 12/21/06 but violations pertaining for the failure to delineate the extent of contamination were found.  In addition, the Audit found the failure to properly register and record an "Activity and Use Limitation", along with the subsequent Notice of Audit Findings and Notice of Noncompliance. Fourzol LLC has requested additional time to comply. Today's Order will extend the deadlines and ensure that a proper evaluation and cleanup of the site will be forthcoming and will occur.

July 2011

7/28/11: MassDEP Consent Order with a $4,000 Penalty involving TA 234-236 Clarendon St LLP ("Clarendon") for Asbestos violations in Boston. The city's Office of Environmental Affairs requested MassDEP respond to a complaint at this address. During the inspection at the site, MassDEP determined that Clarendon had commenced demolition/renovation activities which impacted asbestos containing floor tile without notifying MassDEP. As a result of the violations observed, Clarendon will pay $2,000 and $2,000 will be suspended for a period of one year.  

7/27/11: MassDEP entered into a Consent Order with a $4,000 Penalty involving Sleeping Dog Properties, Inc. for Asbestos violations at 234 Clarendon Street in Boston.  The City of Boston's Office of Environmental Affairs requested MassDEP respond to a complaint at this address where improper demolition and asbestos removal had been initiated. During the inspection, MassDEP determined that Sleeping Dog Properties had commenced demolition/renovation activities which impacted asbestos containing floor tile without notifying MassDEP.  As a result of the violations, Sleeping Dog Properties will pay $1,000 with the remaining $3,000 suspended for a period of one year.  The small business policy was utilized in reaching this agreement.

7/27/11: MassDEP issued a $54,937.50 Penalty Assessment Notice to Myrtle 107, LLC which is located in Concord for Asbestos violations in Fitchburg. During an inspection of a renovation project being conducted at a rental property, Myrtle 107 owns in Fitchburg, MassDEP observed the violations.  Despite knowing the insulation on the heating pipes and boiler in the structure contained asbestos, the owners allowed the asbestos insulation to be removed by scrap metal salvagers who did not have an asbestos license, any asbestos training, or personal protective equipment.  Advance notification of the asbestos removal project was not provided to MassDEP, and none of the required removal practices, handling, and storage/disposal requirements were followed.  

7/26/11: MassDEP was notified by the Massachusetts Attorney General's Office of a settlement with Lumiram Electric Corp., which agreed to correct advertising in which the New York-based distributor of compact fluorescent light bulbs (CFLs). Lumiram represented itself as a "green" company in spite of violating the Massachusetts Mercury Management Act.  In November 2009, after a lengthy investigation confirmed the company was still distributing CFLs in the state, MassDEP cited Lumiram for failing to certify a plan for educating consumers about how to recycle mercury-containing bulbs, and for not submitting required annual reports on lamp life expectancies and sales.  When the company did not respond, the agency ordered Lumiram to come into compliance and pay a $6,000 administrative penalty.  As part of its settlement with the Attorney General, the company agreed to pay an additional $1,000 in investigation costs and penalties.

7/26/11: MassDEP entered into a Consent Order with a $23,000 Penalty involving the town of Westford School Department regarding Groundwater Discharge violations at Westford Academy School.  Today's Order includes a schedule of upgrades to bring the treatment facility back into compliance with the requirements of the permit.  The Westford School Department will pay $5,000 of the Penalty with the remaining $18,000 suspended pending satisfactory return to compliance.

7/26/11: MassDEP executed a Consent Order with a $10,000 Penalty involving Robert Bergeron the owner of the property at 2 Littles Court in Merrimac where Waste Site Cleanup violations were found. Specifically, violations were failure to meet deadlines as affirmed in MassDEP's Notice of Noncompliance issued on 4/2/10.  Today's Order requires payment of $1,000 and the submittal of a tier classification by 5/1/12 with the remaining $9,000 suspended pending compliance.  Today's Order also contains a stipulated penalty provision for any missed deadlines.

7/26/11: MassDEP entered into a Consent Order with a $33,100 Penalty involving Parkview Commons LLC, for Asbestos violations at 232 Common Street in Lawrence.  MassDEP initially responded to 232 Common Street in Lawrence in response to a request from Lawrence Fire Department. Lawrence Fire Department initially responded to a fire at the site, and during the response, Lawrence officials observed 200 + bags of asbestos containing waste on the first floor of this six-floor former telephone building.   As a result of problems observed at the site by Lawrence officials the Lawrence police secured the Site as crime scene.  Lawrence Fire requested a MassDEP response on Saturday morning.  MassDEP personnel inspected the Site and determined that the building was contaminated as a result of improper asbestos removal, demolition, renovation, and/or salvage activities at the site.  Parkview Commons, LLC, as the owner of the site, will pay $13,050 with the remaining $20,050 suspended for the period of one year. In addition, Parkview will seal the building and submit a written proposal to MassDEP for review and approval detailing the means and methods to be utilized to properly remove and dispose of asbestos from the site.

7/22/11: MassDEP entered into a Consent Order with a $37,300 Penalty involving Joe Wilkinson Excavating, Inc. regarding Wetlands and Clean Water Act violations in Great Barrington. MassDEP determined the violations arising out of a failure to follow the plan approved in the company's valid Order of Conditions for a streambank stabilization project.  Impacts from the unauthorized portion of work resulted in exceeding the permitted thresholds including the placement of fill exceeding 5,000 square feet. Today's Order requires the submittal of a report and plan for compensatory action and execution of the plan.  The company will pay $5,000 of the Penalty with the remaining $32,300 suspended contingent upon compliance with the Order.

7/21/11: MassDEP entered into a Consent Order with a $53,937.50 involving Abigail Allen and Paul Grover for Asbestos violations in Gardner. MassDEP discovered at a multi-family rental property in Gardner which she owns, and he manages.  Under the terms of the settlement, the Penalty is fully suspended after the existence of financial hardship conditions was demonstrated, and provided that there are no further violations for one year.  

7/21/11: MassDEP entered into a Consent Order with a $4,869 Penalty involving Wind River Environmental, LLC, for Industrial Wastewater violations at its facility in Westborough. The company is based in Hudson and Sterling, and MassDEP determined on 4/20/11 that an indeterminate amount of industrial wastewater was illegally discharged from a Wind River vehicle to the customer's property in Westborough.  The company took corrective actions after the discharge, which included termination of the driver and retraining of remaining staff.  Today's Order requires the company to continue to comply with applicable regulations in the future, and to pay the full Penalty.  This enforcement action will help ensure the company complies with applicable industrial wastewater requirements.

7/19/11: MassDEP issued a Unilateral Order to Ware Freightyards II, Inc., of Ware for Solid Waste violations. Today's Order requires the removal and proper disposal of all foundry sand deposited at the former Ware Foundry site within sixty (60) days. MassDEP also issued a Penalty Assessment Notice that requires payment of a $12,070 civil administrative penalty for operating/maintaining this site as an open dump in violation of state regulations.

7/19/11: MassDEP entered into a Consent Order with J-Juny's Glass, Inc., for Asbestos violations in Pittsfield. J-Juny's Glass, is a home improvement contractor, that had violated the asbestos violations by removed asbestos transite siding and asbestos containing insulation without first having filed notification. During an inspection of a vacant residential property and the tipping floor of a municipal solid waste combustor facility, MassDEP discovered that J-Juny had removed the material without filing a notification and without having utilized the appropriate work practices.  The company also attempted to dispose of the asbestos-containing waste material at a local combustor facility.  J-Juny cooperated with MassDEP and had the site and the tipping floor of the combustor facility cleaned up.  After an analysis of the company's financial documentation, it was determined that the company did not have the ability to pay a penalty.  Today's Order requires that J-Juny develop and implement Best Management Practices to ensure future compliance with the asbestos regulations.

7/18/11: MassDEP entered into a Consent Order with a $5,575 Penalty violations involving Presstek, Inc., for Hazardous Waste and Industrial Wastewater violations in South Hadley.  The facility is located in South Hadley where a MassDEP inspection revealed that the company had exceeded accumulation time limits and failed to meet labeling, signage, and delineation requirements for the storage of hazardous waste.  In addition, the facility was not meeting the staffing requirements and some of the record keeping requirements for its industrial wastewater pretreatment system.  Presstek, which cooperated with MassDEP and initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection, has agreed to pay $3,575 of the Penalty with the remaining $2,000 suspended contingent upon the company's compliance with the terms of the settlement.

7/18/11: MassDEP entered into a Consent Order with a $5,750 Penalty involving TJX Companies, Inc., for Waste Site Cleanup violations at 83 Commerce Way in Woburn. TJX, Inc., of Framingham, specifically failed to report a sudden release of approximately 60 gallons of diesel fuel that occurred when a snow plow severed a fuel return line for a 500-gallon above-ground storage tank at the company's Woburn warehouse.  Today's Order requires TJX to prepare and submit to MassDEP an Oil and Hazardous Material Release & Reporting/Response Plan. This plan is to be utilized by the company's employees in the event of any future release incidents.  TJX also agreed to pay an administrative $3,750, and is subject to a suspended penalty of $2,000, as well as stipulated penalties of $1,000 per day, for any future violations.

7/18/11: MassDEP entered into a Consent Order with a $2,000 Penalty involving North Hadley Motors and Garage for Hazardous Waste and Groundwater Discharge violations in Hadley.  MassDEP's inspection of the Hadley facility revealed noncompliance with MassDEP's hazardous waste management regulations including: failure to notify MassDEP of waste-oil generation; failure to label containers of waste oil; failure to post a waste oil sign; failure to demarcate the boundary of the waste-oil accumulation area; failure to keep containers of waste oil closed; and, failure to provide secondary containment and an impervious surface for the outside storage of waste oil containers. The company was also discharging industrial wastewater to the ground through floor drains, and using a sink that discharged wash water to the ground.  The company, which has been working with MassDEP to bring the facility back into compliance, will pay $700 of the Penalty, and MassDEP has agreed to suspend $1,300 of the Penalty suspended pending compliance with the terms of the agreement.

7/14/11: MassDEP entered into a Consent Order with BMC Realty Trust for Waste Site Cleanup violations at 58 Rear Pulaski Street in Peabody. As owner of the property, the Trust failed to submit phase reports detailing the cleanup as required within the deadlines. MassDEP had clearly established deadlines and, again, notified the owner in a Notice of Noncompliance most recently on 4/7/11.  New deadlines have now been established in today's Order return this site, and cleanup, to compliance by submitting a Tier Classification Extension within 21 days.  Thereafter, the owner will submit phase two and phase three reports by 9/30/11, a phase four by 1/30/12.  Finally, a final response action outcome or a remedial operating status report is due by 6/30/12.  In addition, to agreeing to the new schedule, the owner has agreed to stipulated penalties of $1,000 per day per violation as included in today's agreement.

7/13/11: MassDEP entered into a Consent Order with a $16,050 Penalty involving Candeloro J. Maggio for Asbestos violations at 57 Norfolk Avenue in Boston (Roxbury).  MassDEP responded to a complaint of improper asbestos removal and demolition at this fire damaged building and conducted a follow-up inspection at the site in conjunction with Boston Office of Environmental Affairs and the Boston Police Department.  During the inspection MassDEP personnel determined that demolition of the fire damaged structure had commenced prior to properly assessing or handling the asbestos contamination at the site.  As a result of the violations observed at the site, and under today's Order, Maggio will pay $1,000 $15,050 will be suspended for the period of one year.  In addition, Maggio will file a written proposal for review and approval by MassDEP that must detail the means and methods to be utilized to remove and properly dispose of asbestos containing waste materials from the site. Within 30 days of MassDEP's approval of the proposal, Maggio will complete the cleanup of the site utilizing that proposal.

7/11/11: MassDEP issued a Boil-Water Order to Jane Sawyer of Berlin Sawyer is the owner and operator of a Transient, Non-Community Public Water System (PWS) that serves facilities including a deli and five apartments located on Central Street in Berlin.  This PWS was originally notified on 7/8/11 that a routine bacteria sample collected the previous day was confirmed positive for total coliform and negative for E.coli.  Four of five repeat samples collected on 7/8/11 confirmed positive for total coliform and positive for E.coli.  On 7/9/11, MassDEP verbally informed the PWS of its regulatory requirements: The PWS must evaluate the cause of the contamination, take corrective actions, and notify its consumers of precautionary measures to take.  Today's Order was subsequently issued to the PWS; this action will help insure that the approximately 90 persons served by the PWS daily will receive water that is safe to drink.

7/11/11: MassDEP entered into a Consent Order with a $11,500 Penalty involving Waterfront Grill Restaurant for Wetlands/Waterways violations in New Bedford.  The Grill, which is owned by 36 Homers Wharf LLC, was found to be involved the unauthorized placement of a seasonal patio bar with associated seating, on filled tidelands of New Bedford Harbor.   The entire Penalty will be suspended provided the respondent complies with the disposition of the Order, removal, within 30 days.  The SERO Waterways Program is continuing to investigate other non-water dependent seasonal activities within Commonwealth Public Trust Lands.  

7/11/11: MassDEP issued a Declaration of Water Supply Emergency to Granby Housing Authority in Granby. The Granby Housing Authority must address a water shortage at its facility.  The Declaration allows the public water system to use bulk water or bottled water to meet its needs with conditions while the facility addresses its water shortage.

7/11/11: MassDEP entered into a Consent Order with a $15,375 Penalty involving Brown Oil Co., for Waste Site Cleanup violations at 111 Draper Street in Dorchester.  Specifically, Brown failed to report a sudden release of approximately 92 gallons of home heating fuel oil that occurred when a delivery was made to the wrong address.  Brown subsequently submitted a Release Notification Form to MassDEP that contained false, inaccurate, incomplete or misleading information. Today's Order requires Brown to prepare and submit to MassDEP an Oil and Hazardous Material Release Prevention and Response Plan to be followed by Brown's employees in the event of future release incidents.  Brown also agreed to pay $10,000 of the Penalty with the remaining $5,375 suspended pending compliance. There are also stipulated penalties of one thousand dollars ($1,000) per day, for any future violations.

7/8/11: MasssDEP executed a Consent Order with JT Golf, Inc., as owners of North Adams Country Club, for Drinking Water violations in Clarksburg. JT Golf, Inc. operates a public water system at its North Adams Country Club that is located in Clarksburg. Today's Order addresses compliance with drinking water requirements following reactivation of the facility as a public water system.

7/8/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving 47 Center Street LLC, for Waste Site Cleanup violations in Northampton. Eric Suher is the owner of the LLC that owns this property at 47 Center Street. The LLC failed to complete response actions regarding cleanup of this property.  The site is the location of the former Masonic Lodge at 47 Center Street in Northampton.  Following the Center Street LLC's purchase of the property on 7/20/04,  MassDEP issued a Notice of Responsibility on 6/3/05, to this LLC regarding past releases of fuel oil at the property.  Despite repeated notifications by MassDEP to the company that further response actions were needed to address the oil contamination, the LLC has failed to submit required status reports and failed to undertake response actions in a timely manner.  Subsequent to MassDEP's initiation of enforcement, the LLC agreed to today's Order and has undertaken immediate response actions and has now committed to complete the site cleanup work by this summer.

7/8/11: MassDEP entered into a Consent Order with Quabbin Sunrise Cooperative, Inc., for Water Pollution Control violations in Ware. Quabbin is the owner of the Oakwood Mobile Home Park which is a tenant-owned community. The Park must take steps to bring this facility into compliance, with wastewater management regulations. This Park consists of 65 trailers and is served by both a subsurface disposal system and a public water supply well. Today's Order provides a schedule to allow the facility to move its water supply well, removing the significant threat status of the subsurface disposal system.

7/8/11: MassDEP entered into a Consent Order with an $11,932 Penalty involving Dalton Fire and Water District for Water Quality violations, specifically violations of conditions contained within a Water Quality Certification relative to a culvert replacement.  Today's Order requires the District to submit a Restoration Area Plan and to provide for the required resource area mitigation with initiation of that plan by 9/1/11. Today's Order  also requires the District to pay $2,000 of the Penalty with the remaining  $9,932 suspended contingent upon compliance with the Order.

7/6/11: MassDEP Commissioner Kenneth Kimmell issued a Final Decision approving a previous Consent Order with a $41,235 Penalty involving David J. Oliveri, doing business as Prudential Lenmar Realty of Natick.  The Decision resolves Oliveri's appeal of a 2009 Notice of Intent to Assess a Civil Administrative Penalty that was issued in response to asbestos violations observed at a residential asbestos removal project in Worcester.  Despite knowing that the material was asbestos, Oliveri arranged for the material to be removed by a general contractor who did not have an asbestos removal license, training or certification.  Advance notification of the job was not provided to MassDEP, and none of the required removal, handling and storage/disposal requirements were followed. Today's Order requires Oliveri to pay $35,100 of the Penalty, with an additional $6,135 suspended provided there are no additional violations observed within the next two year period.  

7/6/11: MassDEP executed a Consent Order with a $5,750 Penalty involving RPM Services, Inc. for Waste Site Cleanup violations at 83 Commerce Way in Woburn. Specifically, RPM, which is based in Wilmington, failed to report - as is required - a 12/29/10, sudden release of approximately 60 gallons of diesel fuel that occurred when one of RPM's trucks severed a fuel return line during snow-clearing operations. Today's Order requires RPM to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan, which will then be followed by RPM's employees in the event of future release incidents. MassDEP has agreed to suspend the Penalty, but RPM is subject to the amount if it fails to meet its obligations under today's Order.

7/1/11: MassDEP entered into a Consent Order with Steadfast Foods LLC, for Drinking Water violations in Richmond.   MassDEP found that Steadfast Foods, LLC - d/b/a SOMA Catering - had been in noncompliance regarding the drinking water standards for public water systems at is facility in Richmond. Among those requirements include: a certified operator, monitoring, cross-connection control, emergency response and source protection.

June 2011

6/30/11: MassDEP executed a Consent Order with a $9,000 Penalty involving John E. Tremblay for Wetlands violations at 4-6 Lowell Street in Woburn. During a site inspection of an abutting property, MassDEP observed fill piles and other disturbance in an isolated vegetated wetland and within approximately 5,000 square feet of isolated land subject to flooding.  The fill piles were associated with the re-construction of a garage and other property improvements being made without the required authorization.  A cease-and-desist Order was previously issued and today's Order includes restoration of the area and two years of monitoring.  Under today's Order, Tremblay will pay $1,000 with the remaining $8,000 suspended upon full compliance.

6/30/11: MassDEP executed a Consent Order with a $3,750 Penalty involving George Horton for Wetlands violations in New Marlborough.  MassDEP, specifically, found the violations of the Rivers Protection Act occurred in connection with the reconstruction of a single family home.  Horton exceeded the work approved under the application (notice of intent) including an expansion and upgrade of a right of way to the property across the street on a property of another residence.  In addition to the Penalty, Horton will restore the site (less than 2,500 s.f. of riverfront area).

6/30/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving William E. Conway for Wetlands violations at 238 Plain Street in Rehoboth.  MassDEP found that Conway filled Bordering Vegetated Wetlands and buffer zone, prior to filing a Notice of Intent and obtaining the required valid order of conditions.  Currently, a proposal that would allow a superseding and valid order of conditions is pending before MassDEP.  In addition to the Penalty, today's Order requires restoration of the altered wetlands while allowing a wetlands crossing, with replication, to access additional upland.

6/29/11: MassDEP entered into a Consent Order with $31,100 Penalty involving Artizan General Construction Inc. for Asbestos violations at Boston University's Robinson Building at 15 Stoughton Street in Boston. MassDEP responded to a complaint at Boston University's Robinson Building. During the inspection MassDEP observed that Artizan had performed demolition at the building which impacted asbestos containing materials.   As a result of the demolition and improper asbestos abatement activity some asbestos containing materials were not properly disposed of.  As a result of the violations observed by MassDEP, Artizan has agreed to pay $5,000 of the Penalty with the remaining $26,100 suspended pending compliance for one year. In addition, the principal of Artizan will attend asbestos operation and maintenance training. The small business policy was utilized in reaching this settlement.

6/29/11: MassDEP entered into a Consent Order with a $2,500 Penalty involving J. R. Vinagro Corporation for Asbestos violations at Peddocks Island in Boston Harbor. Vinagro was the demolition contractor working at Peddocks Island.  During a routine inspection of demolition and asbestos abatement operations, MassDEP observed breaches in the insufficiently-sealed asbestos abatement work area. In addition, MassDEP observed inadequately wet waste material and waste containers were not properly labeled. As a result of the violations observed by MassDEP, Vinagro will pay $2,500 with the remaining $2,500 suspended pending compliance for one year.

6/29/11: MassDEP executed a Consent Order with a $2,500 Penalty involving C.L. Vinagro Corporation for Asbestos violations at Peddocks Island in Boston Harbor. Vinagro was the demolition contractor working at Peddocks Island.  During a routine inspection of demolition and asbestos abatement operations, MassDEP observed breaches in the insufficiently-sealed asbestos abatement work area. In addition, MassDEP observed inadequately wet waste material and waste containers were not properly labeled. As a result of the violations observed by MassDEP, Vinagro will pay $2,500 with the remaining $2,500 suspended pending compliance for one year.

6/29/11: MassDEP executed a Consent Order with Kathleen M. Fennell as Trustee of SA Fennell Realty Trust-1997, for Waste Site Cleanup violations at  415-429 and 455 Massachusetts Avenue in Cambridge. The Trust is the owner and/or operator of the property where there is currently a parking lot and the city intends to install a storm water retention tank on the property. The specific Waste Site Cleanup violations found, however, were for failure to meet deadlines set out in a previously-issued notice of noncompliance issued by MassDEP on 4/5/11.  Today's Order now requires a phase three report by 12/28/11, a phase four report by 2/28/11, and a final response action outcome statement by 12/28/12. There is also a stipulated penalty provision for any missed deadlines.

6/29/11: MassDEP entered into a Consent Order with a $7,375 Penalty involving Southcoast Hospitals Group for Hazardous Waste and Air Quality violations at the Charlton Memorial Hospital the St. Luke's Hospital and Tobey Hospital, located in Fall River, New Bedford and Wareham.  MassDEP entered into today's Order with Southcoast Hospitals Group following a multi-media inspection of the aforementioned facilities. Charlton Memorial Hospital was generating small quantity generator amounts of hazardous waste while registered as a very small quantity generator; had not submitted a one-time notification for a recycling activity; had failed to properly label a drum of waste oil; and, did not determine if a container of cleaner was hazardous.  Charlton Memorial Hospital failed to submit a one-time certification for a portable emergency generator, and did not use ultra-low sulfur diesel fuel as required in their generators.  A multi-media inspection of St. Luke's Hospital revealed they failed to maintain appropriate weekly inspection logs of their hazardous waste accumulation area, and did not use ULSD fuel in their emergency generators. Records review of Tobey Hospital revealed that they were shipping hazardous waste using an incorrect hazardous identification number.  In addition to the Penalty, the Group will bring the facilities back into compliance.

6/29/11: MassDEP executed a Consent Order with an $11,200 Penalty involving John D. Duquette, Jr., for Asbestos violations in Pittsfield. The violations were discovered during MassDEP's complaint investigation of demolition activity at a residential property located in Pittsfield.  Duquette had demolished building structures at the property without properly removing asbestos floor tiles.  Duquette will pay $3,000 with the remaining $8,200 suspended for one year provided that Duquette remains in compliance with the state asbestos regulations.

6/29/11: MassDEP executed a Consent Order with an $11,200 Penalty involving John D. Duquette, Jr., for Asbestos violations in Pittsfield. The violations were discovered during MassDEP's complaint investigation of demolition activity at a residential property located in Pittsfield.  Duquette had demolished building structures at the property without properly removing asbestos floor tiles.  Duquette will pay $3,000 with the remaining $8,200 suspended for one year provided that Duquette remains in compliance with the state asbestos regulations.

6/29/11: MassDEP entered into a Consent Order with a $20,000 Penalty involving Upper Blackstone Water Pollution Abatement District for Surface Water Discharge violations in Millbury. MassDEP found the District violated its permit at the facility's outfall to the Blackstone River.  In September of 2010, MassDEP responded to a report of a fish kill along the Blackstone River that was subsequently determined to have been caused by operator error resulting in an overdose of hypochlorite.  This occurred from the facility's treated effluent discharge into the Blackstone River.  Review of the facility's operation records revealed that a previous fish kill had occurred in May of 2010, also due to an overdose. Today's Order requires the District to upgrade the facility's chemical feed monitoring system to prevent future chemical overdose errors, and to implement an annual refresher training program for plant operators prior to the start-up of seasonal disinfection.  The District will pay $5,000 of the Penalty, and spend an additional $15,000 to fund a Supplemental Environmental Project (SEP).  Under this SEP, the District will provide funding to the New England Interstate Water Pollution Control Commission and the Massachusetts Water Pollution Control Association to improve computerized training for operators at the Alden Training Center in Millbury.  Through this action, the District's fifty-six million gallon per day discharge to the Blackstone River will be better able to maintain compliance with their state and federal permitted discharge requirements.

6/29/11: MassDEP issued a $32,000 Penalty Assessment Notice to Peter A. Hill for Waste Site Cleanup violations in Holden. MassDEP determined that Hill failed to submit release abatement measure status reports, relative to the cleanup contaminated property. In addition, Hill failed to submit the required phase four remedy implementation plan, and a final response action outcome statement for a release from underground storage tanks on property he owns in Holden.  An original Notice of Noncompliance was issued in 2008 for failing to meet deadlines, followed by three other notices of enforcement conference.  Today's Penalty was issued only after Hill repeatedly failed to respond to previous notices or the other requests to attend enforcement conferences to discuss a negotiated settlement.  In addition, MassDEP issued a Unilateral Order to Hill for failing to submit these reports. The Order specifically requires a submittal of the status reports within 60 days, and the submittal of final response action outcome within one year.  

6/28/11: MassDEP issued a Declaration of Water Supply Emergency to Northampton Management Systems, Inc. due to a water supply shortage in this system located in Northampton. The Declaration was issued to address a water shortage at its Linda Manor Nursing Home facility.  The Declaration allows the public water system to use bulk water or bottled water to meet its needs with conditions while the facility addresses its tank and pump problem.

6/27/11: MassDEP entered into a Consent Order with the Codman Hill Condominium Association that establishes an enforceable schedule for the upgrade of the community public water system (PWS) at the condominium complex located on Codman Hill Road in Boxborough.  The violations were identified during a scheduled sanitary survey of the PWS.  Today's Oder requires the Association to submit a permit application for installation of new storage tanks with adaptors to accept bulk deliveries; the replacement of existing pipes, valves, and sample taps; and, general improvements to the pumping facility.  The Association will evaluate the need for manganese treatment, and it agrees not to expand the PWS without prior MassDEP approval.  This action will ensure that the approximately 360 residents served by this PWS will continue to receive water that is safe and fit to drink.  

6/27/11: MassDEP executed a Consent Order with a $2,300 Penalty involving Safety Kleen Systems, Inc. of Marlborough for Hazardous Waste Management violations. Safety Kleen self-reported that it had picked up a container of PCB ballasts - a hazardous material - and processed it through its treatment-storage-disposal facility in Marlborough.  PCB wastes are not listed in the company's license as a waste that can be managed through the Marlborough facility, constituting a violation of license conditions.  In a recently finalized Order, the company agreed to the penalty and to maintain compliance with all applicable requirements. The company has put additional enhanced procedures in place to lessen the chance of having similar violations occur in the future.

6/27/11: MassDEP entered into a Consent Order with a $3,000 Penalty involving Penbrooke Realty Trust for Wetlands violations in Uxbridge. Penbrooke Realty Trust, which is located in Douglas, agreed to resolve violations that occurred on property it owns which is located on the northerly side of Douglas Street in Uxbridge.  MassDEP's inspection of the property documented that land-clearing activities under a Massachusetts Department of Conservation and Recreation cutting plan, had in fact resulted in unnecessary equipment operation within this bordering vegetated wetlands (BVW) on the property.  Specifically, trees were felled into wetland resource areas resulting in alteration of BVW.  Under the terms of today's Order, the Trust agreed to hire a wetlands specialist to develop and implement a corrective action plan, monitor the site for re-establishment of native wetland species, and provide certification to MassDEP that any previous alterations to the wetlands have been corrected.  This action will result in re-vegetation of approximately half an acre of BVW.

6/23/11: MassDEP entered into a Consent Order with Pioneer Valley Regional School District regarding Water Supply violations in Warwick.  The District operates a public water system at the Warwick Community School.  The school repeatedly had failed to collect the required lead and copper samples.  Today's Order requires the appropriate sites be used for collection, and that the District conduct routine sampling n 2011, 2012 and 2015.

6/23/11: MassDEP entered into a Consent Agreement with David Beswick for Wetlands violations at a property acquired by Beswick in Montgomery. The prior developer had committed violations but under today's Order, Beswick will provide for the implementation of a stabilization and restoration plan.  MassDEP may have additional actions at this site with the prior developer and additional subsequent purchasers of lots.

6/22/11: MassDEP executed a Consent Order with a $3,738 Penalty involving Gallo Construction Co., Inc. for Surface Water Discharge violations in Taunton. On 11/12/10, MassDEP was notified of the presence of deep blue-colored water in a drainage swale and an unnamed stream located adjacent to the Gallo Construction Co., Inc. a facility in Taunton.  Elevated concentrations of total cyanide and free cyanide were detected in surface water samples and the source of the blue color and the cyanide was determined to be the anti-caking agent, sodium ferrocyanide, which is added to road salt at the processing site.  The anti-caking agent was leached from the uncovered salt pile by rainfall into the swale and stream.  Gallo took immediate actions to stop the discharge by covering the pile.  Under today's Order, Gallo will undergo an aggressive schedule to submit a surface water discharge permit to the federal EPA and construct drainage swales and a detention basin.  In addition to agreeing to the Penalty, Gallo will also comply with Best Management Practices consistent with the MassDEP guidelines.

6/22/11: MassDEP entered into a Consent Order with a $5,750 Penalty involving Yell-O-Glow Corporation for Waste Site Cleanup violations at 250 Beacham Street in Everett.  Yell-O-Glow Corporation, the owner of the property specifically violated regulations by conducting a release abatement measure without submitting a plan, a violation. Today's Order requires a status report and future compliance with Waste Site Cleanup regulations. Under today's Order the Corporation will pay $1,000 with the remaining $4,750 suspended pending full compliance, as well as a stipulated penalty provision for any missed deadlines.

6/22/11: MassDEP entered into a Consent Order with SND Corporation for Waste Site Cleanup violations at 50 Brighton Street in Belmont. SND Corp. is the owner and/or operator of the property where they failed to meet deadlines set out in a notice of noncompliance issued by MassDEP on 1/3/11.  Under today's Order requires a phase two report and a phase three report by 1/10/12, a phase four report by 6/26/12, and a final response action outcome statement by 6/26/13. Today's Order contains a stipulated penalty provision for any missed deadlines.

6/22/11: MassDEP assisted the Massachusetts Attorney General's Office in a resolving a lawsuit brought by D&D Enterprises, Inc. v. Commonwealth of Massachusetts for Waste Site Cleanup violations at 444 Canal Street in Lawrence. MassDEP demanded payment of a $12,000 Penalty that had gone final when D&D Enterprises failed to appeal a Penalty Assessment Notice (PAN) within the requisite 21 day appeal period. This underlying PAN, and accompanying Order were issued in 2004 when MassDEP learned that D&D Enterprises excavated and removed over 600 tons of soil contaminated with high levels of cadmium without first characterizing the soil prior to transporting the soil to New Hampshire.  In 2007, D&D Enterprises did pay the initial $12,000 civil penalty but the instant settlement agreement resolved costs incurred by MassDEP while the penalty remained unpaid and was being handled by a collection agency.  

6/17/11: MassDEP executed a Consent Order with Lena Falcone for Waste Site Cleanup violations at 67 Forest Street in Medford. Falcone is the homeowner of the property where specific waste site cleanup violations were: the failure to submit a phase one report, and/or tier classification submittal or the final response action outcome statement within the established one-year deadline.  A notice of noncompliance had already been issued by MassDEP on 3/18/11. The homeowner contacted MassDEP with a schedule to return the site to compliance. Under today's agreement, there is a stipulated penalty provision if there are any missed deadlines.

6/14/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving Checon Corporation for Air Quality and Hazardous Waste violations in North Attleboro. MassDEP found that Checon was holding hazardous waste beyond the ninety-day limit while registered as a Large Quantity Generator (LQG).  Other violations included failure to provide proper Hazardous Waste secondary containment and inadequate Air Quality Control record-keeping, as well as insufficient Universal Waste labeling.  Today's Order ensures compliance with all applicable hazardous regulations and requirements.  

6/14/11: MassDEP entered into a Consent Order with a $9,000 Penalty involving The Helen Bulgaris Family Trust, for Wetlands violations at 171 Orchard Street in Newbury.  In response to a complaint, MassDEP inspected the property and found that approximately 1,700 s.f. of bordering vegetated wetland and 100 linear feet of bank of an intermittent stream tributary to the Parker River had been filled without the required authorization.  Today's Order requires full restoration of BVW and bank with long-term monitoring and reporting.   Under today's Order, the Trust will pay $3,000 with the remaining $6,000 suspended pending full compliance.

6/13/11: MassDEP issued a Unilateral Order to Joseph Marangiello for Asbestos violations at 1057 Rear Main Street in Hanson. Marangiello failed to notify MassDEP prior to the demolition of a building that contained asbestos material. MassDEP observed friable asbestos material on the ground at the site. The order requires the owner to cease-and-desist all activities related to asbestos abatement and removal.  Secondly, apply amended water and cover with plastic sheeting all areas of asbestos-containing demolition debris. Upon consultation with MassDEP, Marangiello will have properly have removed any visible asbestos containing debris located outside the site and secure access to the site by the general public.  Finally, within seven days, he will report actions taken and actions to be taken to MassDEP.

6/13/11: MassDEP entered into a Consent Order with the Unitarian-Universalist Rowe Camp & Conference Center, Inc. for Water Supply violations in Rowe. This is an amendment of a previous Order with the Center to change the compliance date for corrective actions to address a water quality problem (high counts of total coliform) at the Center's small transient non-community public water system.

6/13/11: MassDEP entered into a Consent Order with 1561 Cold Spring Road Operating Company, LLC, which is d/b/a Sweet Brook of Williamstown, for Water Supply violations in Williamstown.  Sweet Brook of Williamstown has agreed to address a water quality problem at this facility, a community public water system serving an elderly population.  Today's Order requires the community public water system to install treatment for the source with elevated arsenic and to reduce withdrawal from one of its sources.

6/9/11:  MassDEP entered into a Consent Order with a $5,350 Penalty involving Carlos Almeida for Solid Waste violations at 26 Barbara Street in Westport. Carlos Almeida had accepted solid waste material at his residence at 26 Barbara Street in Westport, which is not a solid waste facility.  Under today's Order Almeida will pay $3,850 of the Penalty with the remaining $1,500 suspended under the home-owner policy.

6/9/11: MassDEP entered into a Consent Order with a $10,000 Penalty involving Clifford Wolfendale for Waste Site Cleanup violations at 94 Middle Road in Newbury. Wolfendale, the owner of the property specifically violated the regulations by failing to meet deadlines as established in a previously issued MassDEP notice of noncompliance on 8/8/8. Today's Order requires the submittal of a release notification form an immediate response action plan, which meets the requirements, and a status and completion reports by 6/30/11. Also, Wolfendale will either submit a phase one report and a tier classification submittal or a final response action outcome statement by 1/30/12. Today's Order suspends the full $10,000 penalty but provides a stipulated penalty provision for any missed deadlines.

6/8/11: MassDEP executed a Consent Order with $39,000 Penalty involving Thomas W. Batten IV for Wetlands violations at 50 Abbott Road in North Reading. Responding to a complaint, MassDEP found that approximately 12,374 square feet of bordering vegetated wetland, 5,000 square feet of bordering land subject to flooding and 33,000 square feet of riverfront area associated with Martins Brook. The area had been altered or destroyed during construction and use of a motor cross practice area at the rear of the residential lot.  Under today's Order, Batten is required to fully restore all wetland resource areas and provide for long-term monitoring.  Batten will also pay $1,500 with the remaining $37,500 suspended upon compliance, as pursuant to MassDEP's Homeowner Policy.

6/8/11: MassDEP entered into a Consent Order with Swan Pond Village for Water Pollution Control violations in Yarmouth.  Swan Pond is an apartment complex constructed in the 1970s and served by 1978 Code Title 5 (septic systems). Some of those Title 5 systems have now failed.  The aggregate flow for the facility is greater than 15,000 gallons per day, which puts them within the regulatory purview requiring a new groundwater discharge permit.  Yarmouth is currently completing its Comprehensive Wastewater Management Plan, and will go to town meeting in September to authorize $55 million for the first phase of their wastewater collection and treatment plan, MassDEP and Swan Pond Village entered into this ACO to allow them to construct temporary repairs to the failing systems and have a ten year schedule for compliance by either connecting to the proposed sewer system or construct their own treatment facility.  Included in this ACO is the requirement for establishing an escrow account in the amount of $500,000 over the life of the Order ($50,000 per year) to help cover the cost of either option once a final decision is made.

6/7/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving Davy's Locker, Inc. for Resource Protection (Chapter 91 Waterways) violations at 1480 East Rodney French Blvd in New Bedford.  Davy's Locker, Inc. had installed a seasonal 'tiki bar' with associated seating, which impedes public access along the waterway. This was done without authorization from the Commonwealth for the activities.  Today's Order requires submittal of revisions to the existing application for a change in use as well as the reestablishment of the existing delineated licensed public access way. That public access is required by the existing, and previously issued, license.  MassDEP has agreed to fully suspend the Penalty provided the respondent signs and complies with the terms and disposition of the order within 30 days.

6/7/11: MassDEP issued a Declaration of Water Supply Emergency to the Unitarian-Universalist Rowe Camp & Conference Center, Inc in Rowe.  Today's Order was to address a water quality problem at the Center's small transient non-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 water quality (high counts of total coliform) compliance problem.   This is the second declaration issued.  Corrective actions have been initiated and are underway.

6/7/11: MassDEP executed a Consent Order with a $10,000 Penalty involving Gary M. Cole, as trustee of Plus One Realty Trust, for Waste Site Cleanup violations at 3 Mason Street in Peabody. Specifically, Plus One failed to submit a phase two comprehensive site assessment, a phase three remedial action plan, and phase four remedy implementation plan in accordance with response action deadlines specified in the regulations.  Under today's Order, Plus One is required to submit the required reports by revised deadlines contained in the document, and to pay the $10,000 Penalty.  Plus One is also subject to a suspended Penalty of $21,000 as well as stipulated penalties of $1,000 per violation/per day, if it fails to meet its obligations.

6/7/11: MassDEP issued a Declaration of Water Supply Emergency to, 1561 Cold Spring Road Operating Company, LLC  - d/b/a Sweet Brook of Williamston for Water Supply violations in Williamstown. MassDEP issued the Declaration to this entity to address a water quality problem at the Sweet Brook of Williamstown facility, a community public water system serving an elderly population.  The Declaration allows the public water system to use one of its wells in excess of the approved volume to allow for blending of water from certain sources while one is off-line due to detections of arsenic in one of its sources.  The facility was previously issued a Declaration and is currently moving to install treatment for the contaminated source.

6/3/11: MassDEP executed a Consent Order with a $3,550 Penalty involving Supercon, Inc. for Air Quality, Hazardous Waste and Industrial Wastewater violations in Shrewsbury. The company failed to comply with its control plan approval, failed to conduct annual Hazardous Waste management training, and failed to operate its industrial wastewater pretreatment system with a fully certified operator.  Today's Order requires the company to maintain compliance with all applicable regulations, install and operate the previously approved air quality control equipment (an acid scrubber).  The company will also pay the full Penalty.  This action will help ensure compliance with applicable regulations and improve air quality in the area surrounding the company.  

6/3/11: MassDEP issued a Unilateral Order to Howard R., and Andrea M.  Fease - as trustees of the Burdon Pond Realty Trust - for Wetlands violations in Northbridge. Under today's Order, the Trust is required to stop alteration of wetland resource areas in Burdon Pond.  MassDEP and Department of Conservation and Recreation's Office of Dam Safety inspected the property and observed that the Trust had installed unauthorized flashboards to a dam, causing an increase in water elevation of Burdon Pond and altered the 'bank' around the pond.  Unauthorized reconstruction of one of the spillways on the dam had also taken place.  No permits have been issued for the above work on the dam.  Today's Order requires removal of the additional flashboards to restore the water elevation of Burdon Pond to the level of the concrete spillway and to comply with the filing requirements of the Wetlands Protection Act for any future work on the dam or installation of flashboards.   Additional enforcement with penalty assessment may be forthcoming.

6/3/11: MassDEP entered into a Consent Order with a $3,550 Penalty involving Supercon, Inc. for Air Quality, Industrial Wastewater and Hazardous Waste violations in Shrewsbury. Specifically, the company failed to comply with its Air Quality permit, failed to conduct annual Hazardous Waste Management training; and, failed to operate its Industrial Wastewater pre-treatment system with a fully-certified operator. Under today's Order, the company is required to maintain compliance with all applicable regulations, install and operate previously approved air pollution control equipment (an acid scrubber), and pay the $3,550 Penalty. This action will help ensure compliance with applicable regulations and improve air quality in the area surrounding the Company.

6/2/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving the town of Spencer, Department of Utilities & Facilities Management for Wetlands violations that occurred during town maintenance work at the intersection of Chickering Road and G. H. Wilson road in Spencer.  MassDEP's inspection identified work in a wetlands resource area taking place prior to completion of the appeal period.  The town did receive a final superseding order of conditions (allowing the work), but subsequently it was determined the work resulted in discharge of silt and sediment into Stiles Reservoir because erosion controls were not yet in place.  Today's Order requires the town to obtain a generic Order of Conditions to first cover the routine maintenance work on drainage structures performed by the town's Department of Utilities and Facilities Management to assure future compliance with the Wetlands Protection Act.  Any work in potential wetland resource areas that is not covered in this generic general permit will still require an additional filing and approval of the Spencer Conservation Commission.  In addition to the Penalty, this Order will ensure that future activity will comply with the Wetlands Protection Act requirements before commencing work and will assure the protection of wetland resource areas.

6/2/11: MassDEP executed a Consent Order with Brandy Brow Auto Parts, Inc. involving Waste Site Cleanup violations at CAPS Auto Wrecking Corp. at 1069 Western Avenue in Lynn. The specific violations were failure to meet the required response action deadlines.  Today's Order requires a phase two report and a phase three report by 4/30/12, a phase four report by 7/31/12, and a final response action outcome statement by 7/31/13. There is also a stipulated penalty provision for any missed deadlines.

6/1/11: MassDEP issued a $30,000 Penalty Assessment Notice to Richard D. Tolman for Waste Site Cleanup violations in Berlin. Specifically, Tolman failed to meet response (cleanup) action deadlines for which multiple notices of noncompliance and notices of enforcement conferences had already been issued by MassDEP.  Tolman Greenhouse has refused to conducted assessment and remediation for a release of fuel oil that occurred in 1997. MassDEP also issued a Unilateral Order to Tolman meet response action deadlines and submit the required tier classification or final response action outcome within 60 days.

May 2011

5/31/11: MassDEP entered into a Consent Order with a $30,100 Penalty involving C.A.D. Builders LLC for Asbestos violations at 27 Ansonia Road in Boston. MassDEP responded to a complaint from the city of Boston's Office of Environmental Affairs relative to the improper asbestos removal and demolition at 27 Ansonia Road in Boston. MassDEP determined the company had completed demolition of the structure at this location prior to removal of asbestos containing materials as required by the regulations. In addition, MassDEP personnel determined that CAD had not filed notification of the asbestos work prior to commencing the activities at the site. As a result of the violations, CAD will pay $8,000 and $22,100 will be suspended for the period of two years. The small business policy was utilized in reaching this settlement.

5/27/11: MassDEP executed a Consent Order with a $5,000 Penalty involving the Marlborough Hospital for Waste Site Cleanup violations. Among the violations included its failure to notify MassDEP of a release of oil or hazardous material, failure to conduct an Immediate Response Action, and failure to conduct response actions without notification during an Underground Storage Tank closure. The violations were discovered during an audit of the Cleanup activities. A final Response Action Outcome has already been submitted to MassDEP, and MassDEP determined no additional cleanup actions are required.

5/25/11: MassDEP entered into a Consent Order with $2,300 Penalty to the Cisco Brewers for Wastewater Management and Water Supply violations at 5 Bartlett Farm Road in Nantucket. This case involved a brewery on Nantucket that had been discharging its brewery wastewater without a required groundwater discharge permit from the Division of Wastewater Management and had been operating a transient non-community water supply without required approvals from the Drinking Water program. As a result of today's Order, Cisco Brewers has connected to the municipal water supply system and will come into compliance with the appropriate wastewater regulations. In addition to the $2,300 Penalty, Cisco has agreed to conduct a Supplemental Environmental Project (SEP). Under this SEP, Cisco will contribute $7,000 to the town of Nantucket's Massachusetts Estuaries Project Study for Hummock Pond.

5/24/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving Skipper Realty, LLC, for Chapter 91 violations, i.e. the unauthorized construction of a platform, 'tiki' bar, tent and seating at the Seaport Inn and Marina at 110 Middle Street in Fairhaven. MassDEP's Waterways Program determined these non-water dependent activities required authorization from the Commonwealth, which had not been obtained. MassDEP will fully suspend the Penalty following demonstrated compliance with the order.

5/24/11: MassDEP entered into a Consent Order with a $30,100 Penalty involving Unquity House Corporation for Waste Site Cleanup violations at 30 Curtis Road in Milton. As a result of an emergency waiver request MassDEP responded to 30 Curtis Road in Milton a facility owned by Unquity. During the inspection MassDEP observed that asbestos containing floor tile had been removed without the use of a work area seal or air cleaning. The loose asbestos containing waste material was placed in an exterior dumpster at the property. As a result of the violations observed by MassDEP, Unquity was assessed a $30,100 penalty. Due to Unquity's inability to pay, the entire penalty was suspended for the period of two years pending compliance.

5/24/11: MassDEP entered into a Consent Order with a $74,250 Penalty involving the Trustees of Boston University for Asbestos violations at three of its buildings in Boston found during the spring of 2010. MassDEP responded to a complaint of improper asbestos removal and demolition at 15 Stoughton Street in Boston (the Robinson building). During the inspection, MassDEP determined that BU had commenced demolition and asbestos abatement in two areas of the building without notifying MassDEP of the demolition activity or the asbestos removal. MassDEP also observed that BU had failed to remove asbestos containing materials prior to demolition which impacted the asbestos. Asbestos containing materials which were removed from the work area were removed without the use of water, work area seal, or air cleaning devices as required by the regulations. The asbestos containing materials were also improperly disposed. MassDEP later responded to another BU facility, 775 Commonwealth Avenue (the Student Union site) along with the City of Boston's Office of Environmental Affairs. MassDEP observed that demolition/renovation and asbestos abatement had also commenced there without the proper notifications. During the inspection the agencies determined that BU had commenced removal of flooring materials with asbestos containing mastic without the use of water, work area seal, or air cleaning devices as required by the regulations. In addition, the material was improperly disposed. MassDEP responded to the BU residence hall at 273 Babcock Street (the Babcock Street site). During the inspection MassDEP determined that BU had commenced demolition activity and asbestos abatement activity at the site without notifying the Department as required by the regulations. As a result of the violations observed by MassDEP at the three sites BU was assessed a $74,250 Penalty. BU will pay $43,500 of the Penalty and $30,750 will be suspended for the period of one year pending compliance with the Order.

5/19/11: MassDEP entered into a Consent Order with a $20,000 Penalty involving 180 Church Street LLC for Waste Site Cleanup violations at this site in Lowell. As owner of the property at 180 Church Street, the LLC is for failure to meet the deadlines for submitting Phase Reports as established in a prior Consent Order executed on 8/17/10. Today's Order establishes new deadlines for the submittal of all phase cleanup reports and a final response action outcome statement or remedial operating system. Today's Order contains a penalty of $7,500 with $12,500 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.

5/19/11: MassDEP entered into a Consent Order with a $17,050 Penalty involving Triumvirate Environmental Inc. for Asbestos violation at 771 Albany Street in Boston. MassDEP responded to a call from Massachusetts Division of Occupational Safety regarding possible removal of asbestos-containing material at BMCC's Dowling Building. MassDEP determined that Triumvirate had commenced demolition in an area of the Dowling Building without the notifying MassDEP as required. In addition, Triumvirate had commenced demolition in this area prior to removal of asbestos-containing materials, which had been impacted during the demolition. MassDEP determined that the asbestos had been improperly removed or damaged without the use of water, work-area seal, or air-cleaning devices. In addition, MassDEP determined that the asbestos-containing material was removed without notifying MassDEP as required by the regulations. As a result of the violations observed by MassDEP, Triumvirate will pay $13,050 and $4,000 will be suspended for one year pending continued compliance.

5/19/11: MassDEP issued a Notice of Demand for a $2,500 Penalty Payment to Laurel Lake Water Power located in Lee. MassDEP issued the Demand for a Suspended Penalty to Laurel Lake Water Power for undertaking a seasonal drawdown of Laurel Lake in noncompliance with two previous Orders of Conditions (i.e. Wetlands permit) and a prior Administrative Consent Order. A demand for $2,500 of the suspended penalty was issued for the violations.

5/19/11: MassDEP executed a Consent Order with an $8,700 Penalty involving Sovran Acquisition LP, for Waste Site Cleanup violations at 435-443 Highland Avenue in Salem. Sovran is the owner and/or operator of the property where violations included failure meet deadlines set out in a Notice of Noncompliance dated 2/3/10, after an audit inspection of the cleanup report filed for this site (specifically the Activity and Use Limitation). Today's Order requires a revised Activity and Use Limitation or a revised final Response Action Outcome statement by 8/1/11. Under today's Order, the company will pay $4,000 with the remaining $4,700 suspended pending compliance with all the terms of the Order. In addition, there is a stipulated penalty provision for any missed deadlines.

5/19/11: MassDEP entered into a Consent Order with a $20,000 Penalty involving Taylor Oil Northeast for Waste Site Cleanup violations in Holbrook. The Respondent failed to notify MassDEP within two hours of having knowledge of a significant release of diesel fuel. On Friday, 10/29/10, a Taylor Oil tanker truck was struck and damaged by a front end loader resulting in the release of 1,089 gallons of diesel fuel located within 50 feet of a (protective) zone of a large community drinking water well in Plymouth. The release was not reported until Monday, 11/1/10. Taylor Oil Northeast has agreed to pay the full $20,000 Penalty for the violation, and has since that violation, conducted proper clean up procedures.

5/18/11: MassDEP concluded an agreement with Gran-Val Scoop, LLC, to ensure compliance with Drinking Water Regulations in Granville. MassDEP concluded an agreement with Gran-Val Scoop, LLC regarding compliance with the drinking water standards for public water systems at this facility, Gran Val Scoop in Granville, is required to include a certified operator, monitoring, cross-connection control, emergency response and source protection.

5/17/11: MassDEP entered into a Consent Order with a $5,300 Penalty involving Creative Homes Inc. for Asbestos and Solid Waste violations at 180 Sheridan in Easton. The company contracted for the disposal of asbestos-containing material at a location not approved to manage that type of solid waste, a violation, and failed to properly contain asbestos-containing material prior to demolition, also a violation. Creative Homes will pay $2,650 with the other $2,650 suspended pending compliance.

5/17/11: MassDEP issued a Unilateral "Do-Not-Drink" Order to Starfish Vacation Village, a seasonal public water system at 2302 State Highway (Route 6) in Wellfleet. Contamination by high concentrations of sodium and chloride were detected during start up of the system. The public water supplier is working with MassDEP to identify potential sources and mitigate the cause of this contamination.

5/17/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving H&M International Transportation, Inc. for Waste Site Cleanup violations at 100 Cambridge Street in Boston (Allston). H&M International Transportation, Inc., of Iselin, New Jersey, violated Waste Site Cleanup regulations by failing to make timely notification to MassDEP of an 11/5/10, release of approximately 35 gallons of diesel fuel at a rail yard in Allston. Today's Order requires H&M to develop and submit an Oil and Hazardous Material Release Reporting and Response plan to MassDEP. In addition to implementing the plan, the company will pay $5,000 of the Penalty and will be subject to the remaining portion of the suspended penalty amount ($6,500) if it violates any provision of today's Order. In addition stipulated penalties of $1,000 per day are stipulated for any future violations of the Order.

5/16/11: MassDEP entered into a Consent Order with a $1,380 Penalty involving Ameresco Chicopee Energy LLC for Hazardous Waste violations at its Chicopee facility. MassDEP inspected the facility and found that the company had not notified MassDEP of a change in its hazardous waste generator status. Ameresco was registered as a Small Quantity Generator of waste oil, but was generating amounts of waste oil as a Large Quantity Generator. The company was also cited for using the incorrect hazardous waste generator identification number on its manifests (shipping records) along with a hazardous waste maintenance provision. Ameresco, which has cooperated with MassDEP, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection.

5/16/11: MassDEP entered into a Consent Order with an $8,700 Penalty involving All State Environmental, Inc. and $10,560 Penalty involving Lead Tech, Inc. for Asbestos violations in North Adams. On 8/26/10, MassDEP investigated an asbestos removal operation being conducted at a commercial property. Lead Tech's asbestos notification had expired on 8/15/10, but Lead Tech continued to perform asbestos removal operations. The notification forms filed for the asbestos removal project also did not accurately identify all of the types and quantities of asbestos materials being removed. In addition, the air cleaning equipment alarm was not operable. During the investigation, MassDEP learned that Lead Tech had subcontracted All State to perform a portion of the asbestos removal project. All State did not file a notification form for its portion of the asbestos removal project. Under the terms of settlement agreements with MassDEP, Lead Tech will pay $6,000 of its Penalty, with the remaining $4,560 suspended during a two-year probationary period. All State will pay $3,000 of its Penalty with the remaining $5,700 suspended for a two-year probationary period.

5/16/11: MassDEP entered into a Consent Order with a $24,140 Penalty involving Leo E. Fugler for Asbestos violations in Granby. During an inspection of the property, MassDEP discovered that Fugler had demolished a residential structure without removing asbestos transite shingle siding. As part of a settlement agreement with MassDEP, Fugler developed Best Management Practices to ensure future compliance with the asbestos regulations and paid $1,880 of the Penalty. The remaining balance of the Penalty, $22,260, will be suspended during a one-year probationary period.

5/16/11: MassDEP entered into a Consent Order with a $29,800 Penalty involving Specialty Minerals, Inc., for Water Pollution Control (storm water) violations in Adams. MassDEP found that construction or a portion of haul road was in violation of the Massachusetts Wetlands Protection Act. The violation was discovered in a review of various orthophoto maps in connection with another project. The violation involved the construction of a new haul road within the resource area (riverfront area) of an unnamed perennial river without first obtaining a valid Order of Conditions allowing the work. The site work involved cutting of vegetation, grading and construction of the new quarry haul road, including storm water management system at the western portion of the quarry along the former Notch Road. A site inspection confirmed the violation and impact to 65,400 square feet of riverfront area. The Order requires SMI to submit a restoration plan to restore impacted riverfront area and prevent any future unauthorized impacts with full restoration required by 5/1/13. In addition, SMI will pay $22,000 of the Penalty with the remaining $7,800 suspended contingent upon full compliance with the Order.

5/16/11: MassDEP entered into a Consent Order with a $17,050 Penalty involving the Boston Medical Center Corporation for Asbestos violations at 771 Albany Street in Boston. MassDEP responded to a call from the Massachusetts Division of Occupational Safety about a possible removal of asbestos-containing material at BMCC's Dowling Building. MassDEP determined that BMCC had commenced demolition in an area of the Dowling Building without the notifying MassDEP as required. In addition, BMCC had commenced demolition in this area prior to removal of asbestos-containing materials which were impacted by the demolition. MassDEP determined that the asbestos had been improperly removed or damaged without the use of water, work-area seal, or air-cleaning devices. In addition, MassDEP determined that the asbestos-containing material was removed without notifying MassDEP as required by the regulations. As a result of the violations observed by MassDEP, BMCC will pay $13,050 of the Penalty and the remaining $4,000 will be suspended for the period of one year pending compliance.

5/16/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Dr. Lahey's Garden Center & Landscaping and $2,690 Penalty involving Richard Fares for Wetlands violations in Pittsfield. MassDEP found that Dr. Lahey's Garden Center & Landscaping, and Richard Fares caused or undertook stream bank construction work in violation of the Massachusetts Wetlands Protection Act. Dr. Lahey's is a local landscaping company and Fares is the homeowner where certain landscaping work was undertaken. The violation were uncovered as a result of a complaint to MassDEP by Fish and Wildlife staff working in that area that had observed and tracked sediment in Sackett Brook, a cold water fishery. MassDEP observed that construction had resulted in a discharge of sediment to the river in addition to construction impacts within 50 feet of the bank, and involved approximately 2,500 square feet of river front area. This works was undertaken without a valid Order of Conditions. Now, the respondents must provide for restoration by 7/30/11 by Dr. Lahey's and Fares in accordance with an approved restoration plan. The Order also allows for the $1,000 Penalty to Dr. Lahey's to be suspended contingent upon full compliance with the Order. The Order issued to Fares allows for suspension of the Penalty to Fares contingent upon compliance with the Order.

5/13/11: MassDEP issued a Demand for a $3,000 Penalty to Berna's Auto Repair & Towing in Holyoke. Bernadino Tosado, as owner, has failed to comply with a previous agreement to complete what has been neglected cleanup response actions at this place of business, 363 Main Street in Holyoke. Tosado previously entered into Consent Order with MassDEP on 4/2/10. The terms of the agreement required that Tosado submit to MassDEP a final Response Action Outcome (RAO) statement documenting that cleanup of the site has been achieved. The RAO would include steps taken to address the oil contamination in and around a storm drain on-site, resulting in a permanent solution for the site. Otherwise, Tosado could if applicable, submit a completed Financial Inability application. MassDEP issued several Notices to Tosado and extended several opportunities for Tosado to either submit Financial Inability, or undertake response actions to bring the site into compliance with MassDEP regulations. To date, Tosado has not complied with the Consent Order, as he has not undertaken response actions or submitted a Financial Inability.

5/12/11: MassDEP entered into a Consent Order with a $31,100 Penalty involving WEMAC Contracting Inc. for Asbestos violations at Boston University's Robinson Building located at 15 Stoughton Street in Boston. MassDEP responded to a complaint of illegal removal of asbestos containing material at 15 Stoughton Street in Boston. MassDEP found that WEMAC had commenced demolition in two areas of the Robinson Building without the notifying MassDEP as required. In addition, WEMAC had commenced demolition in these two areas prior to removal of asbestos containing materials which were impacted by the demolition. MassDEP further determined that the asbestos had been improperly removed or damaged without the use of water, work area seal, or air cleaning devices. MassDEP also determined that asbestos containing material had been removed from the site and improperly disposed of. As a result of the violations, WEMAC will pay $5,000 and $26,100 will be suspended for the period of one year. The small business policy was utilized in reaching this settlement.

5/12/11: MassDEP entered into a Consent Order with a $34,430 Penalty involving Pappas Industrial Parks, Inc for Waste Site Cleanup violations at 404 West First Street in South Boston. Pappas Industrial Parks, Inc, is the developer of the property where MassDEP found a failure to comply with required Waste Site Cleanup measures. Specifically, under an Activity and Use Limitation placed on the property, and certain deadlines established in a Notice of Noncompliance/Notice of Audit Findings. Today's Order establishes new deadlines for the submittal of all phases of the cleanup along with a final response action outcome statement, or remedial operating status. Under today's Order, the developer will pay $10,000 of the Penalty with the remaining $24,430 suspended pending compliance. In addition there is a stipulated penalty provision for any missed deadlines.

5/12/11: MassDEP entered into a Consent Order with a $26,600 Penalty involving Rowley Industrial Park Corp for Waste Site Cleanup violations at 110 Boxford Road in Rowley. Today's Order includes timelines for submittal of a Remedy Operation Status report and a Remedial Monitoring report to return this site to compliance with the regulations. This site has been in the system since 1991. Rowley Industrial Park Corp. will pay $1,000 and $25,600 will be suspended. The $25,600 suspended penalty will come due if Rowley Industrial Park Corp. fails to comply with the response action deadlines established. This enforcement action will lead to the cleanup of contaminated groundwater and soil emanating from a release of hydraulic oil at the site.

5/11/11: MassDEP entered into a Consent Order with LMNO Properties LLC for Water Supply violations in North Adams. MassDEP concluded with LMNO Properties, LLC regarding the schedule for compliance with drinking water standards for its proposed Wigwam Cabin development in North Adams. Under today's Order the facility is now scheduled to open, in compliance, in 2012.

5/11/11: MassDEP entered into a Consent Order with a $28,560 Penalty involving Darren Caruso for Wetlands and Water Quality violations at 60 Island Street in Lawrence. Responding to a complaint from the Lawrence Police Chief, MassDEP staff found soil and silt laden snow had been pushed onto the resource area ('bank') and into the Merrimack River by Caruso. These actions were part of a snow removal and disposal operation under his direction but without the knowledge of his employer. MassDEP previously issued Caruso a cease and desist for this activity. Under today's Order, Caruso will pay $5,000 of the Penalty with the remaining $23,560 suspended pending a one year compliance period. Assessment and clean up of the Merrimack River Bank was performed pursuant to a separate Order that was with Caruso's employer.

5/11/11: MassDEP entered into a Consent Order with M & J Fortier, Inc. for Water Supply violations in Plainfield. Specifically the company had not met compliance with the drinking water standards for public water systems at its facility the Hilltop Colonial Inn in Plainfield. Requirements included a certified operator, monitoring, cross-connection control, emergency response and source protection.

5/10/11: MassDEP executed a Consent Order with a $5,350 Penalty involving Eminar Trucking Inc. for Asbestos violations at 202 East Main Street in Fall River. Eminar Trucking, Inc. disposed of asbestos-containing material at a location not approved to manage that it, a violation, and further failed to remove asbestos-containing material prior to demolition, also a violation. Eminar will pay $1,500 of the Penalty while MassDEP has agreed to suspend $3,850 of the remaining amount.

5/9/11: MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the Order to ECC Corporation for Hazardous Waste Management violations in Holden. The Commissioner's Final Decision affirmed an original Order of a $40,520 Penalty as a resolution of appeals filed by the ECC Corporation. Originally, the Penalty was issued in November 2008 for Hazardous Waste Management violations observed at the company's manufacturing facility located in Holden.

5/9/11: MassDEP entered into a Consent Order with a $17,250 Penalty involving Oak Grove Cemetery/City of Fall River for Waste Site Cleanup violations in Fall River. MassDEP found the company failed to promptly notify MassDEP for a two-hour release condition following a heating oil release at the cemetery office. MassDEP agreed to suspend the entire Penalty contingent upon compliance with the provisions of the Order.

5/9/11: MassDEP entered into a Consent Order with a $4,315 Penalty involving Cyn Oil (Express Towing) for Waste Site Cleanup violations at 145 Howard Street in Braintree. Cyn Oil, which is located in Stoughton, Massachusetts, was in violation of waste site cleanup notification regulations. Cyn Oil failed to notify of a release of diesel fuel above the reportable quantity from an above-ground storage tank within two hours.

5/6/11: MassDEP issued a Unilateral Order to John and Jane DiVincenzo for Wetlands violations in Littleton. In response to a request for assistance from the Littleton Conservation Commission, MassDEP inspected the Stewart's Septic Service, (DiVincenzo) specifically a site on Harwood Avenue in Littleton. MassDEP determined that liquid, non-septage wastes had been discharged by Stewart's Septic Service trucks into a retention area. This area was breeched, allowing the wastes to flow into adjacent wetland resources. Today's Order requires the company to immediately cease any further discharge of materials at the site, and to provide documentation including the source of the materials, the nature and volumes of materials discharged, and the details of any cash payments involved with the transactions.

5/6/11: MassDEP issued a Unilateral Order to Joseph P. and Margaret Pittorino of Littleton for Wetlands violations. Pittorino, as owners of the property located on Harwood Avenue in Littleton, found on-going Wetlands violations that are occurring on that property. In response to a request for assistance from the Littleton Conservation Commission, MassDEP inspected the site and determined that liquid wastes had been discharged into an on-site retention area which breeched, allowing the wastes to flow into adjacent wetland resources. The Order requires the owners to take a number of corrective actions within the next 45 days, beginning by immediately ceasing the receipt and/or discharge of any additional materials at the site.

5/4/11: MassDEP entered into a Consent Order with Anna Corporation for Water Supply violations in Mendon. Under today's Order, the company will establish an enforceable schedule for development of an approved transient, non-community public water system (TNC) at its facility, the End Zone Sports Pub and the Outer Limits Dance Club, located at 39 Milford Street in Mendon. Today's Order requires the owners to operate the on-site well in accordance with the requirements for all TNC systems. Among the requirements: hiring a certified operator, carrying out a monitoring program, metering water usage, developing a coliform sampling plan, completing cross-connection requirements, developing an Emergency Response Plan, and recording this as a Public Water Supply (PWS) in the Registry of Deeds. Under today's Order, the owners agree not to expand the PWS without prior MassDEP approval. This action will ensure that anyone served by this PWS will continue to receive water that is safe and fit to drink.

5/4/11: MassDEP entered into a Consent Order with Pioneer Valley Regional School District for Water Supply violations in Northfield. Pioneer Valley Regional School District failed to properly collect lead and copper monitoring samples in 2009 and 2010. Under today's Order the Water System must comply with all its requirements.

5/4/11: MassDEP entered into a Consent Order with Kathleen Gorman and Susan L. Swanson of Mendon for Water Supply violations. Gorman and Swanson have agreed to establish an enforceable schedule for development of an approved transient, non-community public water system (TNC) at their facility, the Mendon Twin Drive-In, located at 35 Milford Street in Mendon. Under today's Order, the owners will operate the on-site well in accordance with the requirements for a TNC system. Among those requirements: hiring a certified operator, carrying out a monitoring program, metering water usage, developing a coliform sampling plan, completing cross-connection requirements, providing specifications for the well construction and water treatment system, developing an Emergency Response Plan, and recording this as a Public Water Supply (PWS) in the Registry of Deeds. Further, the owners have agreed they will not expand the PWS without prior MassDEP approval, and to provide the Mendon Board of Health with an as-built plan of the on-site sewage disposal system. This action will ensure that anyone served by this PWS will continue to receive water that is safe and fit to drink.

5/3/11: MassDEP entered into a Consent Order with a $6,900 Penalty involving Massachusetts Department of Corrections for Air Quality and Hazardous Waste violations at Bridgewater Correctional Complex in Bridgewater. MassDEP conducted cross or multi-media inspection and found that Bridgewater Correctional Complex had a ripped fuel hose of the gasoline pump, a failure to operate and maintain a stage two (vapor recovery) system in accordance with a previous Order. Further, the facility accumulated two (2) containers of hazardous waste, and failed to properly mark a hazardous waste accumulation area or conduct weekly inspections of its hazardous waste accumulation areas. Today's Order ensures compliance with the Air Quality and Hazardous Waste regulations. The Penalty is suspended pending the facility take corrective actions to bring the facility into compliance.

5/3/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving Henderson House of Sudbury Realty Trust for Groundwater Discharge violations at Sudbury Pines Extended Care Facility in Sudbury. MassDEP found the violations at Henderson House of Sudbury Realty Trust for the Sudbury Pines Extended Care Facility. MassDEP issued the facility a groundwater discharge permit and plan approval for the construction of a wastewater treatment plant on 4/26/06. The wastewater treatment plant and associated leaching field, however, were never constructed. The penalty was suspended, provided Henderson House Realty Trust constructs the wastewater treatment plant and leaching field by 6/1/13.

April 2011

4/29/11: MassDEP issued a $54,714 Penalty to Patriots Environmental Corporation for Asbestos and Hazardous Waste Management violations in Worcester. The company is a licensed asbestos contractor, which MassDEP alleges committed thirty-two violations which happened at four different locations: two locations in Worcester; one in Springfield; and, one in Lawrence. The Penalty was issued after a negotiated settlement could not be reached, despite the existence of a tolling agreement and multiple extensions to that Agreement.

4/29/11: MassDEP entered into a Consent Order with Brimfield Housing Authority to ensure compliance with Water Supply Regulations. The Brimfield Housing Authority is a community public water system. Today's Order addresses the repair or replacement of the Authority's storage tank, an action undertaken based on the results of a tank inspection and the requirements in a sanitary survey report.

4/29/11: MassDEP entered into a Consent Order with a $9,590 Penalty involving the Pilot Travel Centers LLC for Clean Waters Act violations that occurred at 400 Route 15 in Sturbridge. During a routine compliance inspection of the facility, MassDEP identified operational deficiencies including excessive corrosion on the steel process tanks, and leakage from the de-nitrification tanks. Under the terms of the Consent Order, the company - which is based in Knoxville, Tennessee - has agreed to make the necessary interim repairs and improvements to process equipment to eliminate or minimize leaks, and to optimize operation of the existing wastewater process equipment while the company proceeds with a long-term plan and schedule for upgrading the facility. The interim actions will include development of an emergency response plan to react to a catastrophic failure of any process unit. The company has also agreed not to expand its facility beyond the current water usage rates in order to assure that a separation of the water use and sewage treatment systems remains intact. This action will result in the proper treatment of up to 37,000 gallons of wastewater per day.

4/28/11: MassDEP issued a $3,000 Penalty to Energy Thorndike for Waste Site Cleanup violations at the former Cascades Diamond Mill in Palmer. Following Energy Thorndike's purchase of the property in 2005, MassDEP issued a Notice of Responsibility on September 15, 2006, to Energy Thorndike informing it of its Waste Site Cleanup responsibilities and liabilities as the current owner of confirmed oil or hazardous materials release site. Previously under the tenure of Cascades Diamond there had been a release of fuel oil from a 20,000 gallon underground storage tank. That spill migrated under one of the mill buildings and into the Ware River. While Cascades Diamond did complete a number of response actions on site, including the removal of the tank and a large amount of contaminated soil, more work still remained (and remains) to be done, as contamination exists at high levels under the building. Energy Thorndike was notified that further response actions were still necessary to address the extent of contamination. MassDEP issued several notices to the Energy Thorndike and extended several opportunities for them to come into compliance. In an effort to return to compliance, Energy Thorndike entered into a Consent Order with a $4,000 Penalty with MassDEP to complete response actions by 9/14/10. Energy Thorndike, however, failed to comply with that Order. Due to Energy Thorndike's failure to comply with the previous Order, MassDEP has now fined Energy Thorndike an additional $3,000 based on the stipulated penalty provision contained in the 9/14/10 Order.

4/28/11: MassDEP entered into a Consent Order with Riverbridge West-1 and Riverbridge North, LLC to address Water Pollution Control regulations in Berlin. The two LLCs, both of Westborough, are authorized short-term use of an on-site subsurface disposal system at a mixed use development in Berlin known as "Riverbridge". This agreement allows the LLCs to discharge wastewater from a gas station/convenience store for a 90-day period while the developers address remaining legal issues associated with the application for a groundwater discharge permit.

4/28/11: MassDEP entered into a Consent Order with $15,000 Penalty involving Worcester Sand and Gravel Company, Inc. for Wetlands, Water Management and Clean Waters Act violations at its 182 Holden Street facility in Shrewsbury. MassDEP personnel inspected the facility and determined that erosion and sedimentation from site runoff was affecting Shirley Street Pond adjacent to the site. It was also determined that there was a discharge of process water from on-site operations as a result of the company's failure to properly separate process water from stormwater and had improperly-sized settling basins. The company also failed to meter water withdrawals from on-site water sources. Under today's Order, the company will retain the services of an erosion control specialist to develop a stormwater management plan for the facility, as well as submit a plan for approval to restore the altered wetland resource areas. The company will also develop and submit a closed-system plan for the facility that prevents process water from discharging to the surface waters of the Commonwealth. All water meters at the facility have been replaced and calibrated at this time. Under today's Order the company will restore 2,500 square feet of land under water bodies, proper on-site handling of process water, and metering of on-site water usage.

4/28/11: MassDEP entered into a Consent Order with a $5,750 Penalty involving R&H Metal Processing for Hazardous Waste management violations in West Bridgewater. MassDEP conducted a multi-media inspection and found that the company had not complied with hazardous waste generator requirements in failing to operate within their registered status of Small Quantity Generator (SQG). The inspection revealed the company was accumulating hazardous waste longer than the one hundred and eighty days allowed for a SQG of hazardous waste. Under today's Order, in addition to the Penalty, the company is required to come into compliance with the applicable regulations.

4/26/11: MassDEP entered into a Consent Order with the Vittori Realty Trust to ensure/achieve compliance with Drinking Water and Water Pollution Control regulations in Richmond. The Trust operates a transient non-community public water system known as Hilltop Orchards and Furnace Brook Winery. The agreement addresses operator, cross-connection, source, monitoring and reporting requirements.

4/25/11: MassDEP entered into a Consent Order with a $4,315 Penalty involving 51 Maple Street LLC for Waste Site Cleanup violations in Rockland. The LLC is the owner of property in Rockland, for failure to notify the Department of the presence of chromium detected in soil above its applicable reportable concentration. This property is currently known as Emerson Shoe Lofts, a multi-unit residential apartment building that was renovated from a former shoe manufacturing facility. The failure to notify MassDEP after this elevated level of chromium was detected is a 120-day reporting condition and a 'class one' violation. MassDEP has identified additional violations (class two) of the requirements. MassDEP has agreed to fully suspend the Penalty because 51 Maple Street LLC qualifies as a small business and will complete the required actions to return this site to compliance by 10/31/11.

4/21/11: MassDEP entered into a Consent Order with a $32,000 Penalty involving Pappas Industrial Parks, Inc., for Waste Site Cleanup violations at 110 Dorchester Avenue in South Boston. Pappas is the owner of the property where the violations were found, specifically, violations were for failure meet deadlines set out in a Notice of Noncompliance dated 10/28/10. Today's Order requires a phase two assessment report and a phase three remediation plan report by 10/1/11,and a phase four cleanup report by 1/1/12, with the final response action outcome statement by 1/1/13. Today's Order also requires a $10,000 Penalty with the remaining $22,000 suspended with a stipulated penalty provision for any missed deadlines.

4/21/11: MassDEP entered into a Consent Order with a $17,500 Penalty involving Ames Hill Development, LLC and Ames Hill Realty Trust, for Wetlands violations on Catamount Road in Tewksbury. During a MassDEP inspection of a nearby site in October of 2010, heavy turbidity was observed within a series of intermittent streams and entering Ames Pond. The turbidity was found to be the result of silt and sediment discharging from a large detention basin serving the initial phase of the Ames Run Cluster Subdivision. The silt and sediment resulted in the alteration of resource area: 'bank', 'land under water' and 'bordering vegetated wetland', and included a previously constructed BVW replication area. MassDEP followed this incident with a unilateral cease-and-desist, and temporary stabilization order that was immediately issued. Today's Order now provides for wetland resource area remedy and administrative Penalty. In addition the aforementioned parties will document through field analysis all impacted wetland resource areas, and, sediment removal and restoration, along with providing long-term monitoring to ensure viability. Today's Order also requires an analysis and corrective measures for all stormwater management, and corrections to its operation and maintenance plan deficiencies and/or failures. MassDEP has agreed to suspend $7,500 of the Penalty provided the provisions are met.

4/20/11: MassDEP entered into a Consent Order with an $8,500 Penalty involving New England Environmental (NEE) for Wetlands violations in Tyringham. NEE, conducted work in violation of the permit (or superseding order of conditions) on the site, including construction within a resource area that failed to meet the performance requirements. The agreement requires NEE maintain full compliance with special conditions #34 and #39 of the permit (or SOC). Also, NEE must conduct additional plantings within the bordering vegetated wetlands and monitoring the vitality of mitigation areas. Under the agreement, the company will pay $2,500 of the Penalty with the remainder suspended pending full compliance with the terms of today's Order.

4/20/11: MassDEP entered into a Consent Order with a $600 Penalty involving W. Marcia Ginsberg, for Wetlands violations in Egremont. Ginsburg had undertaken mitigation/construction impacting 1,484 square feet of bordering vegetated wetland in noncompliance with existing permit, or superseding order of conditions, for this site. Today's Order requires evaluation of the mitigation area and a plan to return the mitigation area as well as two years of monitoring the mitigation area. In addition, the homeowner will pay the $600 Penalty.

4/20/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Christopher and Anna Picard for Wetlands violations in Easthampton. MassDEP found that Christopher and Anna Picard were responsible in the placement of fill in a wetland without permits. The activity resulted in the alteration of approximately 1,500 square feet of resource area. That area shall be restored pursuant to the Order. Under today's Order, the fill will be removed, and the entire $1,000 Penalty will be suspended provided the terms are met.

4/20/11: MassDEP entered into a Consent Order with a $59,530 Penalty involving Ferreira's Used Cars and Parts, Inc. for numerous environmental violations in Carver: Ferreira had been operating junkyard, where violations of the Wetlands Protection Act, Hazardous Waste Management Act, Solid Waste Management Act, Water Pollution Control Act and Massachusetts Oil and Hazardous Material Release Prevention and Response Act were noted by MassDEP following a November 2010 inspection, MassDEP has subsequently determined that Ferreira's has returned to compliance on most violations. However, under the terms of today's Order, Ferreira's will restore the altered wetland areas in accordance with an approved wetland restoration plan. Due to Ferreira's inability to pay, MassDEP has suspended the entire $59,530 Penalty and has required Ferreira to annually submit financial documentation until 2013. Ferreira has also qualified for the BWSC financial inability program. Today's Order settles Ferreira's appeals, of MassDEP's Penalty Assessment Notice, issued in 2004, and a Unilateral Order, which had been filed with Office of Dispute Resolution.

4/20/11: MassDEP entered into a Consent Order with a $29,100 Penalty involving ZVI Construction Co., LLC, for Asbestos violations at 775 Commonwealth Ave. in Boston. MassDEP and the City of Boston's Office of Environmental Affairs responded to a report of improper asbestos removal at Boston University's Student Union at 775 Commonwealth Ave., in Boston. During the inspection MassDEP determined that ZVI had improperly removed and disposed of asbestos containing materials from the site. Under today's agreement, ZVI will pay $10,000 of the Penalty with the remaining $19,100 will be suspended for a period of one year provided compliance with the regulations is met.

4/14/11: MassDEP entered into a Consent Order with a $2,875 Penalty involving Coldbrook RV Resort LLC, for Ground Water Discharge violations in Barre. MassDEP noted the violations at the campground known as Camp Coldbrook on Old Coldbrook Road in Barre. Under the terms of the Order, the company has agreed to a legally enforceable schedule to bring the wastewater infrastructure at the campground into compliance by either connecting to a municipal sewer, or by developing an on-site groundwater discharge facility. The company also agreed to develop an Interim Operation Plan to maintain the existing on-site disposal systems to ensure proper operation until the long-term remedy can be completed. This action will result in the proper treatment of 22,500 gallons per day of wastewater.

4/14/11: MassDEP executed a Consent Order with a $12,000 Penalty involving Strategic Materials Inc. for Air Quality control violations in Franklin. During an inspection conducted last October, MassDEP determined that the company failed to obtain a Comprehensive Plan Approval as required relative to potential air emissions. Today's Order requires the company to apply for the approval, and to pay the $12,000 Penalty. Possible storm water noncompliance was observed during the initial inspection, and that matter has been referred to the relevant agency (the Environmental Protection Agency) to determine compliance. MassDEP's enforcement action will help ensure the company complies with applicable Air Quality Control requirements.

4/14/11: MassDEP issued a Demand Letter for a $15,275 Penalty involving Flagg Palmer Burial Vault Company, Inc. for Groundwater Discharge violations in Oxford. MassDEP issued a Demand for Payment of Suspended Penalties to the Flagg Palmer Burial Vault Company, Inc. of Oxford for continuing violations of Industrial Wastewater Regulations. Among other violations, the company discharged process wastewater to the ground without obtaining a MassDEP issued Groundwater Discharge Permit as it was subject of a 2009 Consent Order. Previously, under the Small Business Policy, all but $2,000 of the Penalty had been suspended pending compliance with applicable regulations. After numerous inspections, however, it was determined that the company continued or failed to comply. In addition to the demand letter seeking the suspended $15,275 Penalty, the company will return to compliance.

4/14/11: MassDEP issued two Unilateral Administrative Orders to Flagg Palmer Burial Vault Company, Inc. for Industrial Wastewater and Hazardous Waste Management violations in Oxford. MassDEP found the company has not adequately addressed the violations involving the company's continued failure to characterize the nature of wastewaters generated at its facility, as well as for failing to either cease or properly manage its discharge.

4/14/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Hartley Brothers Landscaping, Inc. for Waste Site Cleanup violations in Westfield. MassDEP fined the operators and owner of this landscaping firm for failure to promptly notify MassDEP of the discovery of elevated arsenic levels found in surface soil within 500 feet of a residence. In response to MassDEP requirements, Hartley Brothers did immediately undertake the required assessment actions, restricted access to the contaminated area, submitted reports and entered into an agreement with MassDEP to quickly complete the cleanup of the contaminated area.

4/13/11: MassDEP issued a Unilateral Order to John Tremblay for Wetlands violations at 4-6 Lowell Street in Woburn. The Order requires Tremblay to cease and desist violations at 4-6 Lowell Street in Woburn. MassDEP inspected the site in response to a complaint and observed more than approximately 5,000 square feet of filling taking place within a resource area (Isolated Land Subject to Flooding) that is also a federally jurisdictional and isolated vegetated wetland. Besides requiring a cease-and-desist of all such activity, today's Order further requires installation and maintenance of erosion controls until further directed by MassDEP. Additional enforcement actions are expected.

4/12/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving Langone Realty Corporation for Wetlands violations in Agawam. MassDEP found the company had undertaken site preparation - including construction - at the Mark Drive subdivision without the necessary prior approval. The violation was discovered during the review of ortho-aerial photo maps of the site. During a subsequent review and site inspection, MassDEP confirmed that 7,000 square feet of Riverfront Area impact. Langone will restore the Riverfront Area by 9/30/11 and pay $2,000 of the Penalty with $4,000 suspended contingent upon full compliance with the Order.

4/11/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving Weiss Farm, Inc., for Wetlands and Solid Waste violations at 170 Franklin Street in Stoneham. The Farm was found to be in non-compliance with a previously executed Consent Order relative to Wetland and Solid Waste violations while operating a compost facility on this property. During multiple compliance inspections, MassDEP staff found violations of the previously executed Consent Order including public nuisance odor conditions from the operations, and, wetland resource area degradation from flooding due to failure to adequately manage stormwater. Today's document settles an appeal of a demand for stipulated penalties, and requires payment of $5,000. Also, the requirement that the Farm meet compliance provisions of the previously executed Consent Order will remain in effect.

4/11/11: MassDEP issued a Consent Order with a $500 Penalty involving John Lizak for Air Quality Control and Solid Waste violations in Warren. MassDEP found Lizak violated regulations relative to the open burning of tires at his residence.

4/11/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Lizak Bus Service, Inc., for Underground Storage Tank, Air Quality and Hazardous Waste Management violations in Warren. Lizak Bus will correct violations related to excessive idling, and has agreed to remove its underground storage tank. Lizak Bus Service, Inc. will pay $500 of the Penalty with the remaining $500 suspended for a six-month period pending the company's compliance with the terms of the agreement.

4/11/11: MassDEP entered into a Consent Order with Longmeadow Board of Water Commissioners for Water Supply violations in Longmeadow. MassDEP required the Longmeadow Board of Water Commissioners to address repeated violations of the total coliform rule in the public water supply. Today's Order addresses response actions by the public water system including disinfection should another violation occur within twelve months.

4/11/11: MassDEP entered into a Consent Order with a $33,185 Penalty separately to each Jason S. Balut and Steven R. Drouin for Asbestos violations in Springfield. MassDEP has violated state Asbestos regulations at a rental property they jointly own in Springfield. MassDEP's action were undertaken s the result of receiving a complaint from a tenant that the owners may have illegally removed asbestos thermal system insulation (TSI) from a boiler located in the basement of the house. During an inspection of the property, MassDEP found pieces of remnant asbestos, or TSI on the tenant's belongings, on the basement floor, on pipe fittings and on the ground outside of the house. MassDEP also learned that the asbestos TSI had not been removed in accordance with state regulations and that the removed asbestos TSI had been improperly disposed. At MassDEP's directive, the owners retained a licensed asbestos abatement contractor to clean up the property. As part of settlement agreements with MassDEP, Balut and Drouin will each, separately, pay $5,000. The remaining balance of each Penalty ($28,185) will be suspended during a one-year probationary period provided there are no further violations.

4/11/11: MassDEP entered into a Consent Order with Bay State College, Inc., for Waste Site Cleanup violations at 164 Marlborough Street in Boston. Bay State College is the operator of the property where the violations were identified specifically, the failure to meet Cleanup deadlines set out in a Notice of Noncompliance issued to the College on 1/21/11. Today's Order requires a phase two remedial/alternative plan report and a phase three report by 8/31/11, and a phase four  report by 12/31/11. A final response action outcome statement is due by no later than 12/31/12. Today's Order contains a stipulated penalty provision for any missed deadlines.

4/8/11: MassDEP entered into a Consent Order with a $2,000 Penalty involving Andre and Virginia St. Laurent for Wetlands violations in Sturbridge. MassDEP found violations of the Wetlands Protection Act that occurred on property the St. Laurents own on Main Street in Sturbridge. MassDEP inspected the property and found tree-felling and harvesting activities underway, without having first obtained a Forest Cutting Plan or approval from the Sturbridge Conservation Commission. Trees had been felled into wetland resource areas, resulting in alteration of stream bank and bordering vegetative wetlands. Under today's Order, the owners have agreed to obtain approval for, and follow a Forest Cutting Plan from the Massachusetts Department of Conservation and Recreation for the remainder of the work. Also under today's Order the St. Laurents have agreed to remove cut trees and slash from wetland resource areas, and to stabilize the exposed areas against erosion and pay the $2,000 Penalty, and ensure the restoration of 2,500 square feet of bordering vegetative wetlands and fifty linear feet of stream bank.

4/7/11: MassDEP entered into a Consent Order with a $12,150 Penalty involving Robert Kiley for Solid Waste violations in Douglas. MassDEP Commissioner Kenneth Kimmell issued a Final Decision which dismissed Kiley's appeal of a Notice of Intent to Assess a Civil Administrative Penalty that had been issued in December of 2008. Commissioner Kimmell affirmed the Penalty as originally issued. The Penalty was based upon numerous Solid Waste violations that were determined to exist at a property that Kiley owned at the time in Douglas. Under the terms of the Final Decision, Kiley must pay the $12,150 Penalty as originally assessed.

4/6/11: MassDEP entered into a Consent Order with Easthampton Rod and Gun Club, Inc. to ensure Water Supply compliance with applicable regulations in Easthampton. MassDEP concluded today's Order with the Easthampton Rod and Gun Club, Inc. to address the need to ensure compliance with drinking water standards (source water) at this a transient non-community public water system.

4/6/11: MassDEP entered into a Consent Order with a $3,378 Penalty for each ASPNN LLC, and the Dyer Excavating LLC Otis, for Wetlands and Water Quality Certification violations in Otis. ASPNN is the developer and Dyer is the site contractor, both of which were subject to Orders for violations of the Massachusetts Clean Waters Act during the construction of a subdivision road in Otis. MassDEP discovered that construction of the road for this14-lot subdivision had encroached 400-500 square feet into bordering vegetated wetland areas beyond that authorized by the State Water Quality Certificate. Also, the erosion and sedimentation controls at the site were not in conformance with the requirements of the issued certificate. Site work had also resulted in unauthorized cutting and the disposition of ground bark chips in a protected Riverfront Area. The Consent Agreements require ASPNN LLC to submit a restoration plan for the BVW and implement the restoration plan by 5/31/11, as well as pay $2,190 of the Penalty with the remaining $1,188 suspended contingent upon compliance with the Consent Order. Dyer Excavating LLC is required to comply with the Certificate and the local order of conditions for all remaining work and to pay $2,190 of the Penalty of $3,378 with the remaining $1,188 suspended. Suspended penalties for each are dependent on their continued compliance with all terms of the orders.    

4/6/11: MassDEP entered into a Consent Order with an $18,975 Penalty involving Pura Vida H20, Inc., for Water Supply violations. The company, which is based at 1 Kellaway Drive in Randolph, constructed, installed and operated several water vending machines in Massachusetts without any permits. Today's Order requires Pura Vida to register each of these vending machines as public water supplies. Under today's Order, Pura Vita will pay $6,000 of the Penalty and MassDEP has agreed to suspend the remaining $12,975 provided Pura Vida complies with the terms and conditions of the Order.

4/6/11: MassDEP entered into a Consent Order with a $38,010 Penalty involving the Country Club of Billerica for Wetlands and 401 Water Quality Certification violations at 51 Baldwin Road in Billerica. MassDEP inspected this golf course at the request of the Billerica Conservation Commission Agent, after he issued a cease and desist/temporary stabilization Enforcement Order for extensive violations resulting from a wood harvesting operation. The activity conducted throughout the golf course, including areas adjacent to perennial Jones Brook, had been done without any of the required authorizations. These activities resulted in total alteration of bordering vegetated wetland approximately 5,450 square feet. In addition, a total of 19,600 square feet of riverfront area had been altered, along with buffer zone impacts. This resulted in erosion and siltation. Today's Order requires full restoration of these impacted resource areas, stabilization of the buffer zone, and long-term monitoring and reporting. The document also requires $15,000 of the Penalty to be paid, with the remaining $23,010 suspended depending upon full compliance.

4/6/11: MassDEP entered into a Consent Order with a $500 Penalty involving Patricia O'Shea for Waste Site Cleanup violations at 23 Rabbit Road in Salisbury. O'Shea is the owner of the property where MassDEP found a failure meet deadlines set out in notice of noncompliance dated 11/17/09. Today's Order requires either a phase one report and a tier classification submittal, or, a final response action outcome statement by 11/30/11. In addition to the $500 Penalty there is a stipulated penalty provision for any missed deadlines.

4/5/11: MassDEP entered into a Consent Order with a $68,500 Penalty involving Prospect House Associates Limited Partnership for Waste Site Cleanup violations at 24 Spring Street in Revere. Prospect House is a responsible party for a release of polychlorinated biphenyls (PCBs) at 24 Spring Street. The Partnership failed to comply with the requirements of an Activity and Use Limitation which required a Licensed Site Professional to provide oversight during the redevelopment of the property and the implementation of a Health and Safety Plan and a Demolition/Soil Management Plan. Under today's Order the Partnership will pay a $20,000 Penalty with the remaining $48,500 suspended.

4/5/11: MassDEP entered into a Consent Order with a $16,500 Penalty involving West Meadow Hill Condominium Trust for Wetlands violations at 800 Broadway in Haverhill. In response to a complaint, MassDEP inspected the property and found an excavator working within and adjacent to a perennial stream channel on each side of a culverted road crossing into this condominium development. The work included lining the culverts and upgrading headwalls, and, excavation of portions of the stream basin and placing rip rap on the 'bank' a resource area. This work resulted in alteration to approximately 2,000 square feet of 'land under waterway' and 150 linear feet of 'bank'. There were none of the required Wetlands Protection Act filings made or authorization issued for this activity. Today's Order requires development and submittal of a plan that outlines operation & maintenance procedures for future maintenance within any Wetlands jurisdiction (including language on standard operating procedures necessary for permitting), the preparation of hydrological calculations for stream flows at the culverts, and, the restoration of the altered bank, land under waterway and the buffer zone along with long-term monitoring. The Trust will also pay $5,000 of the Penalty and the remaining $11,500 will be suspended pending no further violations on 10/31/15.   

4/4/11: MassDEP entered into a Consent Order with an $8,700 Penalty involving K&J Interiors for Solid Waste violations in Plymouth. K&J interiors sent asbestos waste to a solid waste transfer station.   To remedy the violation K&J Interiors has removed the waste material from the transfer station and agreed to perform a comprehensive asbestos survey at the point of generation. MassDEP has agreed to fully suspend the Penalty.

4/1/11: MassDEP entered into a Consent Order with a $4,957 Penalty involving Atlantic Breeze Inn & Cottages/J. Bruce MacGregor for Water Supply violations in Eastham. AS the owner of a small motel, which also serves as a registered public water supply, the company and MacGregor were in violation for failure to monitor (nitrates and total coliform bacteria), failure to submit additional environmental monitoring checklist, and operating a public water system without a certified operator. The respondent will pay $2,400 of the Penalty with the remaining $2,557 suspended pending continued compliance.

March 2011

3/31/11: MassDEP entered into a Consent Order with Chelsea North LLC for Waste Site Cleanup violations at 260 Maple Street in Chelsea. As owner of the property, Chelsea North LLC failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 1/13/11. Today's Order requires a phase two assessment report and a phase three (remedial plan) report by 3/15/12, a phase four (selection and implementation of cleanup plan) by 6/15/12, and a final response action outcome statement by no later than 12/31/12. Today's Order contains a stipulated penalty provision for any missed deadlines.

3/31/11: MassDEP entered into a Consent Order with a $3,440 Penalty involving Sullivan Mechanical Contracting Corp. for Waste Site Cleanup violations at Smith Place in Cambridge. Sullivan Mechanical Contracting Corp. is the owner and/or operator of the property at Smith Place, where violations included certain risk characterization issues already noted in a Notice of Noncompliance issued by MassDEP on 9/22/10. Today's Order requires a revised Response Action Outcome Statement or retraction. If the RAO needs to be retracted, a tier classification extension must be submitted by 7/1/11. Today's Order the company will pay $2,000 with the remaining $1,440 Penalty suspended. However, there is a stipulated penalty provision for any missed deadlines.

3/29/11: MassDEP entered into a Consent Order with an $8,700 Penalty involving Norwood Hospital in Norwood. MassDEP determined the hospital, in violation of solid waste regulations, sent infectious waste to a municipal solid waste landfill. To remedy the violation Norwood Hospital has agreed to the Penalty and removal of the waste material from the landfill and to institute staff re-training to prevent reoccurrence.

3/29/11: MassDEP issued a cease-and-desist order to 20 Depot Square LLC for Wetlands violations in Southwick. The LLC is a developer of an over 55 community. MassDEP is requiring that this community cease the discharge of sediment to bordering vegetated wetland and land under water. Further, the LLC is required to stabilize the site from further damage. Additional enforcement action by MassDEP is anticipated.

3/28/11: MassDEP entered into a Consent Order with Richard Watling Plumbing and Heating for Asbestos violations in Westfield. The violations were discovered during MassDEP's investigation of a complaint involving renovation activities at a residential rental property located in Westfield. The local Board of Health reported that asbestos thermal insulation had been removed without employing the proper asbestos removal, handling and disposal procedures. Watling cooperated with MassDEP and arranged to have the property properly cleaned up. MassDEP has determined that Watling's inability to pay necessitates the suspension of a penalty. MassDEP does require that Watling develop a Standard Operating Procedure for future work he conducts that may involve asbestos-containing materials. Today's Order, however, does require stipulated penalties if any future asbestos noncompliance occurs within the next two years.   

3/28/11: MassDEP issued a Unilateral Order to Gerard A. Brunet & Patricia A. Brunet for Drinking Water violations in Hinsdale. The two Brunets operate a public water system (PWS) known as Bisselville Estates, located in Hinsdale. As a PWS, the owners are required to submit water quality monitoring results.

3/28/11: MassDEP entered into a Consent Order with a $7,500 Penalty involving Cumberland Farms, Inc., for Waste Site Cleanup violations in Lancaster. MassDEP found violations of the environmental cleanup requirements at the Cumberland Farms (Five Corners) gas station located in Lancaster. Cumberland Farms failed to provide notice of a mechanical failure of a remedial system, and failed to meet the performance standard in its previously submitted Remedy Operation Status. The company also conducted response actions without a valid tier one permit. Violations have been corrected with the submittal and implementation of a revised phase four remedy implementation plan to enhance contaminant biodegradation with application of oxygen-releasing compound. The Consent Order requires payment of $7,500, and contains stipulated penalty provisions for any future violations.

3/28/11: MassDEP entered into a Consent Order with a $7,525 Penalty involving Jack Gottlieb for Asbestos violations in Worcester. MassDEP found that Gottlieb, as trustee of the One Brussels Street Realty Trust violated asbestos regulations as discovered during an April 2009 inspection of a Worcester property owned by the Trust. MassDEP inspectors discovered several heating system pipes covered with asbestos insulation lying in a parking lot at the site. The Trust has agreed to pay a $7,275 Penalty and, in addition, will spend at least an additional $21,825 to complete a Supplemental Environmental Project (SEP). Under the SEP, the Trust will retain a licensed asbestos inspector to conduct a thorough, comprehensive asbestos survey of "Building A", which is the remaining building on the property not the building involved in aforementioned violations. The SEP also requires the Trust to retain a licensed asbestos contractor, within 30 days of completion of the survey, to remove any friable asbestos containing material identified in the survey on the heating system (boilers, pipes, tanks etc.). The asbestos removal work must be completed by the licensed asbestos contractor within 60 days of completion of the survey and post and maintain all appropriate signs and labels.
 
3/28/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving HowesTemco, Inc., for Industrial Wastewater violations in Franklin. During a follow-up inspection conducted last October by MassDEP, it was determined that the company had complied with a previous Order, but it was also determined that the company failed to obtain an Industrial Wastewater discharge permit for a discharge of industrial wastewater not observed during previous inspections. Today's Order requires payment of a $3,500 penalty, with an additional $2,500 suspended provided the company has no additional violations for a year. This enforcement action will help ensure the company complies with applicable requirements.

3/28/11:  MassDEP entered into a Consent Order with a $2,625 Penalty involving Optometrics Corporation for Hazardous Waste Management violations in Ayer. MassDEP found the company had discharged high pH waste to the local sewer system, and failed to determine if the waste it was generating was hazardous waste. The company also failed to register its hazardous waste activity with MassDEP, and failed to properly label drums containing hazardous waste. Finally, the company failed to have appropriate signage in the hazardous waste accumulation area. In addition to the $2,625 Penalty, the company has agreed to perform a $7,875 Supplemental Environmental Project (SEP). The SEP involves the purchase of equipment that will be given to the Town of Ayer. The town will then transfer this much needed equipment to the soon to be operational Devens Regional Household Hazardous Products Collection Center in support of the town's membership requirements.

3/28/11:  MassDEP entered into a Consent Order with a $6,040 Penalty involving Lantheus Medical Imaging, Inc., for Industrial Wastewater violations at 331 Treble Cove Road in North Billerica. MassDEP found during an unannounced inspection at its radiopharmaceuticals manufacturing facility. The violations consisted of failure to apply for a MassDEP sewer connection permit (BWPIW38) modification prior to installing and operating two pH neutralization systems on site. The company did not have the required operation-and-maintenance manual for its on-site Industrial Wastewater Pretreatment System (IWPS), and did not have revised and modified engineering plans for its IWPS. Lantheus Medical Imaging, Inc. will pay $2,880 and apply for a BWPIW38 sewer connection permit modification within thirty days.   MassDEP agrees to suspend payment of the sum of $3,160 for one year. Lantheus Medical Imaging, Inc. will also prepare an O&M manual, along with revised and modified engineering plans for its IWPS, stamped and signed by a certified professional engineer.

3/25/11: MassDEP entered into a Consent Order with a $6,500 Penalty involving A. Louis Rosado for Wetlands violations in Falmouth. Rosado constructed a stone stairway down a coastal bank without obtaining a valid permit (Order of Conditions). Under the terms of today's Order, Rosado must install erosion controls by 5/1/11 and the stairway must be removed. In addition the bank must be temporarily stabilized with jute netting and that this bank must be re-planted with erosion control vegetation by 6/15/11.   Rosado has paid a $1,000 Penalty with the remaining $5,500 suspended contingent upon compliance with the provisions of the Order.

3/25/11: MassDEP entered into a Consent Order with an $11,500 Penalty involving Stephen and Marcia Sullivan for Wetlands violations in Dartmouth. The Sullivans own coastal property where an unpermitted construction of a vertical seawall was done, along with the placement of concrete drainage pipes on coastal beach. Also there was removal of cobble from a portion of the beach, and construction of an elevated wooden stairway on a coastal bank. Today's Order requires the removal of the seawall and pipes. Also, the Sullivans have agreed to restore 1,400 square feet of coastal beach. The Sullivans must also pursue an after-the-fact approval for the elevated stairway, and either obtain approval or remove the stairway.

3/25/11: MassDEP was notified that an Essex County Grand Jury returned indictments against Robert Norcross a Methuen based developer. Norcross was indicted on charges of violating the Massachusetts Clean Air Act (three counts) for failure to file notification prior to asbestos removal, improper removal of asbestos containing material, and improper disposal of asbestos waste. MassDEP, along with other agencies, acted on information received that illegal asbestos removal and disposal had occurred at an occupied multi-family apartment building in Lawrence. The information indicated that Norcross had allegedly ordered untrained workers to remove asbestos containing insulation from an area of the property used by the tenants to wash laundry. It is believed that the asbestos containing material was removed without the use of work area seal or air filtration. Further investigation found that bags of asbestos containing waste material were transported to New Hampshire for improper disposal. The defendants are scheduled to be arraigned in Essex Superior Court on 3/14/11.

3/24/11: MassDEP entered into a Consent Order with a $2,500 Penalty involving CineLab, Inc. for environmental violations in Fall River. CineLab, Inc., which is a motion picture film processing facility, has agreed to resolve violations of the Hazardous Waste and Water Pollution Control (sewer extension/connection) regulations. In August 2010, in response to odor complaints, MassDEP conducted a site inspection of CineLab, Inc. The inspection and review of MassDEP and local records revealed several violations.   CineLab, Inc. will pay the $2,500 Penalty, register as a generator of hazardous waste and ensure that the silver recovery waste is properly managed. CineLab must also sample the effluent from their facility to ensure that the discharge meets the city's industrial pre-treatment standards. The facility intends to relocate to a new facility in Massachusetts within a few months and the consent order also includes requirements to operate in accordance with these regulations at the new location.

3/24/11: MassDEP entered into a Consent Order with a $12,360 Penalty involving National Coating Corporation for Hazardous Waste Management and Air Quality violations in Rockland. A multi-media inspection of the National Coating Corporation, revealed the violations relative to a record-keeping requirements and for container labeling, contingency plan and emergency preparation plan requirements. In addition the company stored containers in an accumulation area in excess of allowed timeframes. The facility agreed to pay $8,652 of the Penalty and MassDEP has agreed to suspend the remaining $3,708 pending completion of an environmental audit.

3/24/11: MassDEP entered into a Consent Order with a $6,575 Penalty involving the Links at Martha's Vineyard, Inc. for Air Quality violations at its Oak Bluffs facility. In addition to the Air Quality violations, the Board of Fire Prevention Regulations conducted an underground storage tank (UST) inspection of The Links at Martha's Vineyard, Inc., which also revealed Air Pollution and Underground Storage Tank violations relative to the failure to install and operate a stage II (vapor recovery) system. The facility was also allowing the transfer of gasoline to a UST without a vapor balance system, and failed to test the galvanic anode cathodic protection system. The facility further failed to prepare, maintain and reconcile daily and monthly inventory records. The facility agreed to pay the entire Penalty, and agreed to comply with the air pollution requirements and Board of Fire Prevention Regulations.

3/24/11: MassDEP entered into a Consent Order with Grace Floramo as trustee of Floramo Realty Trust for Waste Site Cleanup violations at 7 Prescott Street in Everett. As owner and/or operator of the property at 7 Prescott Street, Everett, the Trust failed to meet specific Waste Site Cleanup deadlines already established in a Notice of Noncompliance issued by MassDEP on 12/28/10. Today's Order requires a phase two report by 9/30/11, a phase three report by 10/30/11, a phase four report by 12/30/11, and a (final) Response Action Outcome statement by 1/15/13. There is a stipulated penalty provision in the event of any missed deadlines.

3/24/11: MassDEP entered into a Consent Order with a $9,172 Penalty involving the The Smither Group LLC, for Water Supply violations in Westport. The Smither Group LLC is the owner of a mixed use (residential and commercial) property in Westport, where it operates as a public water system. Under today's Order, the Group, is required to retain a certified operator, sample the well, record an affidavit of PWS status at the Registry of Deeds, and submit a coliform sampling plan. In addition, the Group must prepare and submit an Emergency Response Plan compliance checklist, a Consumer Confidence Report, and a 2010 Annual Statistical Report. The Group must also pay $4,000 of the Penalty with the remaining $5,172 suspending provided respondent satisfactorily and timely completes the required actions.

3/21/11: MassDEP was notified that an Essex County Grand Jury had issued an Indictment regarding the owners of an unlicensed Lynnfield asbestos removal business, along with an employee, were indicted on charges of violating state environmental and wage laws as a result of an investigation conducted by MassDEP, the Environmental Strike Force and the Attorney General's Office. The company improperly conducted several removal jobs without the proper notification and illegally stored waste in lockers at a self storage location.

3/18/11: MassDEP entered into a Consent Order with LMNO Properties, LLC, for Drinking Water violations in North Adams. LMNO Properties, LLC operates a public water system at its facility in North Adams known as Wigwam Cabins. Today's Order addresses compliance with drinking water requirements following reactivation of this transient non-community public water system.   Today's Order addresses specific operations in the monitoring and other requirements of a new source.

3/18/11: MassDEP issued a Unilateral Order to Kathleen M. Connors for Wetlands violations at 39 Annapolis Way on Plum Island in Newbury. Observations made of the property by MassDEP staff over a three-day period revealed that a tracked vehicle was being used to place sand, and to perform grading on the Coastal Beach, Coastal Dune and Barrier Beach. This work was being done without having obtained authorization as required under the Wetlands Protection Act. Today's Order requires that Connors cease-and-desist any activity within the Wetlands jurisdiction and provide MassDEP a 'sieve analysis' and sourcing information about the sand material used.

3/18/11: MassDEP issued a Unilateral Order to Thomas G. Nee, 39 Annapolis Way, Plum Island, Newbury. MassDEP made observations of the property and found that placement of sand and use of a tracked vehicle was taking place on a Coastal Beach, Coastal Dune and Barrier Beach without the required Wetlands Protection Act authorization. Today's Order requires that Nee cease-and-desist any activity within Wetlands jurisdiction and provide MassDEP with a 'sieve analysis' and sourcing information about the sand material used.
3/18/11: MassDEP entered into a Consent Order with a $4,020 Penalty involving Teknor Apex Company for Hazardous Waste Management violations in Attleboro. MassDEP conducted a (multi-media) inspection revealing that Teknor Apex Company had been generating hazardous waste in excess of its registered status (i.e. registered as very small quantity generator). Today's Order ensures compliance with the Hazardous Waste requirements.

3/16/11: MassDEP entered into a Consent Order with a $500 Penalty involving New Homes by Castelo, Inc., for Hazardous Waste Management violations in New Bedford. New Homes by Castelo, Inc. has hired an environmental cleanup company to properly dispose of waste material, and will pay the $500 Penalty while ensuring that all waste generated by their activities is properly handled, stored, and sent for disposal/recycling in accordance with MassDEP regulations.

3/16/11: MassDEP has entered into a Consent Order with Anne Geraghty as trustee of Taliesin Realty Trust for Waste Site Cleanup violations at 33-35 Hichborn Street in Brighton. Taliesin Realty Trust is the owner and/or operator of the property at 33-35 Hichborn Street where, specifically, violations were failure to meet deadlines as established in a Notice of Noncompliance issued by MassDEP on 1/ 3/11. Today's Order requires a tier classification (permit) extension submitted to the Department by 4/15/11; a phase two report by 12/30/11; a phase three report by 3/30/12; a phase four report by 6/30/12; and, a (final) Response Action Outcome statement by 6/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.

3/15/11: MassDEP entered into a Consent Order with a $12,072 Penalty involving Sovereign Bank for Waste Site Cleanup violation at 2 & 16 Park Street in Attleboro. Today's Order was executed with Sovereign Bank for the Park Street properties as a result of the violations identified during a comprehensive audit of the cleanup. Specifically, the application of in-situ chemical oxidation was not performed at the site in compliance and resulted in the exacerbation of site conditions. In addition, the nature and extent of contamination at the site was not adequately delineated as befitting the Response Action Outcome submitted for this site. Sovereign will pay $7,847 of the Penalty with the remaining $4,225 of the Penalty suspended pending compliance. Today's Order also establishes deadlines for the completion of the actions required to correct the violations.

3/14/11: MassDEP entered into a Consent Order with a $5,750 Penalty involving American Dry Ice Corporation in Palmer for environmental violations. The noncompliance was observed during an inspection of the company's facility where MassDEP inspectors observed that oily wastewater from the manufacturing building had been discharged to the ground. In addition, MassDEP observed that the company had allowed its contractor to conduct outdoor sand blasting and spray painting operations without the use of any air pollution control equipment or containment. The company, which fully cooperated with MassDEP, obtained the services of an environmental consultant to clean up the site, installed an oil water separator and connected its floor drains to the local sewerage system. In addition to paying $3,000, the company has agreed to take steps to prevent noncompliance in the future. MassDEP agreed to suspend the additional $2,750 provided the company complies with all the terms of the consent agreement.

3/14/11: MassDEP entered into a Consent Order with a $1,575 Penalty involving the Yankee Candle Company, Inc. for Air Quality violations in Whately. The Yankee Candle Company, Inc. self-reported errors in its calculation of annual pollutant emissions from two chiller units. The error resulted in the company under-reporting its potential emissions, and MassDEP billing the company a lower annual compliance fee. Today's Order requires the company to pay $1,575, which represents the annual compliance fees (avoided and owed) for the years 2005 through 2009.

3/14/11: MassDEP entered into a Consent Order with the Congregation of Unitarian Universalists for Drinking Water violations in Rowe. MassDEP concluded an agreement with the Congregation of Unitarian Universalists regarding its public water system at its Rowe Camp and Conference Center. Today's Order addresses the need to meet compliance with drinking water requirements following several months of total coliform rule noncompliance.

3/14/11: MassDEP entered into a Consent Order with a $23,400 Penalty involving Titan Roofing, Inc. for Asbestos violations in Turners Falls. The violations were discovered during MassDEP's complaint investigation of the improper removal of asbestos roofing materials at the United States Post Office building located in Turners Falls. In response to the complaint, MassDEP conducted a site inspection and determined that Titan had been improperly removing asbestos-containing roofing materials from the building. Broken asbestos-containing material was found on the ground, windows and walkways at the site. The company will pay $3,500 of the Penalty, the balance of which ($19,900) will be suspended for one year provided that Titan remains in compliance with the state asbestos regulations, policies and guidelines. Titan will be revising its current operating procedures to prevent similar violations of the asbestos regulations, policies and guidelines from recurring in the future.

3/14/11: MassDEP entered into a Consent Order with a $30,000 Penalty involving Granger-Lynch Corp. for Hazardous Waste Management and Air Quality violations in Millbury. The company, which manufactures 'hot mix asphalt' has agreed to upgrade its air pollution control equipment throughout the plant, including the installation of "blue smoke" controls on the load-out areas. This installation of state-of-the-art air pollution control equipment will mitigate smoke and odor that has resulted in community complaints being filed against the company. Under the terms of today's Order, the company will pay $20,000 of the Penalty, with the remaining $10,000 suspended provided the company has no additional violations within the next one-year period.

3/14/11: MassDEP entered into a Consent Order with a $1,150 Penalty involving The Red Apple Farm, LLC for Water Supply violations in Phillipston. Today's Order establishes a legally-enforceable schedule for the development of an approved transient, non-community public water system (PWS) at its facility consisting of a farm store and function hall located at 455 Highland Avenue in Phillipston. Further, it requires the owners to operate the on-site well in accordance with the requirements for a water system which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements, developing an emergency response plan, and recording the public water system in the Registry of Deeds. Under the agreed terms, the owners will not expand the PWS without prior MassDEP approval. The Penalty is suspended provided the company complies with the Order and has no additional violations for a one-year period. This action will ensure that the visitors served by this PWS will continue to receive water that is safe and fit to drink.

3/11/11: MassDEP issued a Boil-Water Order to the town of Millis for a portion of the Millis Municipal Water System, specifically, the residents in the area from 226 Pleasant Street in Millis to the end of Dean Street in Norfolk, who are being provided water through a temporary bypass due to a water-main break. Today's Boil Order was required until testing by a MassDEP certified lab can verify the safety of the water in this new water line. Through today's Order, the town is required to provide public notice to boil the water until further notice, and disinfect the water supply system. This action will result in protection of the approximately sixteen customers served by this portion of the system.

3/10/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Atlantic Bay Contracting Co., Inc. for Asbestos violations at 515 Somerville Avenue in Somerville. During a routine inspection of an asbestos abatement site, MassDEP personnel observed asbestos containing waste material which was not properly sealed in leak tight containers. As a result of the violation observed, Atlantic Bay will pay a $1,000 Penalty and agree to comply with all applicable regulations.

3/10/11: MassDEP entered into a Consent Order with a $31,000 Penalty involving Alcatel-Lucent USA Inc, for Waste Site Cleanup violations at 1600 Osgood Street in North Andover. Alcatel is the previous owner and operator of 1600 Osgood Street where waste site cleanup violations included failure to submit a phase four remedy implementation plan and achieve a (final) Response Action Outcome. MassDEP had already issued a Notice of Noncompliance to Alcatel on 10/6/08 with deadlines that were not met. New deadlines have now been established in today's Consent Order. Alcatel will ensure that they return to compliance with the submittal of a phase four plan by 4/15/11, and a (final) Response Action Outcome Statement by 10/1/11. In addition, Alcatel-Lucent UAS Inc. has agreed to pay a $15,000 Penalty, with an additional $16,000 Penalty suspended, pending compliance with today's Order.

3/7/11:  MassDEP entered into a Consent Order with a $3,000 Penalty involving Rachel Fredrickson and Paul Mayo for Wetlands violations in Leominster. Frederickson and Mayo were responsible for violations of the Wetlands Protection Act that occurred during renovations taking place at 19 Lisa Drive in Leominster. At the request of the Leominster Conservation Commission, MassDEP representatives inspected the property and observed alteration of bordering vegetative wetlands and dredging of an intermittent stream bed without the approval of the local conservation commission. Today's Order establishes a legally-enforceable schedule under which the restoration of the altered wetland area will be carried out, as outlined in a plan approved by MassDEP, and also requires the placement of effective sedimentation and erosion controls. In addition to the Penalty, 2,000 square feet of BVW and an additional 150 linear feet of stream bank will be restored.

3/1/11: MassDEP was informed that an Appeals Court had denied a motion by Northeast Concepts/James LaMountainof Holland to stay the Superior Court Judgment on February 22, 2011. On March 1st, MassDEP will meet with a new representative of LaMountain to review the requirements of a Superior Court Judgment against Mr. LaMountain, particularly the restoration requirements within that judgment.

3/1/11: MassDEP issued $10,787 Penalty Assessment Notice to James M. Knott for Waste Site Cleanup violations at 22 Pleasant Street in Natick. As , owner of the property, Knott specifically, failed to submit the required Release Notification Form within 120 days after obtaining knowledge of a reportable release of oil or hazardous materials. James M. Knott is required to pay the penalty within 21 days from the date of issuance of today's Penalty unless he files with MassDEP, a request for adjudicatory hearing within those 21 days.

February 2011

2/28/11: MassDEP executed a Consent Order with a $2,500 Penalty involving Armitage Auto Parts, Inc. for Solid Waste Hazardous Waste Management violations in Wrentham. In February 2010, following a fire at Armitage Auto Parts, Inc., MassDEP responded to the potential release of hazardous materials and conducted a number of site inspections of the facility. Armitage Auto Parts, Inc. was found to be in violation of the solid waste regulations and the hazardous waste regulations, due to the illegal storage of waste materials at the site. The full Penalty was suspended so that financial resources could be utilized for the successful cleanup of the site. In addition to complying with the schedule in the Order, the facility will install erosion control/stormwater runoff barriers along the stream and submit an Auto Recycling and Junkyard Best Management Plan for future operations at the facility.   

2/28/11: MassDEP entered into a Consent Order with John P. Lataille for $36,625 Penalty involving Asbestos violations at a convenience food shop in Leominster. John P. Lataille, doing business as the JPL Construction Corporation, was conducting operations at a convenience store (Tedeschi's) during an August 2010 inspection. During renovations of the store, the company improperly removed, handled and stored asbestos-containing floor tiles. In addition, notification of the asbestos removal project had not been provided to the Department. Under the terms of the settlement, Lataille agreed to comply with all applicable regulations in the future. The entire Penalty was fully suspended after Lataille successfully demonstrated a financial inability to pay the penalty, and provided that he has no further violations for one year.

2/25/11: MassDEP entered into a Consent Order with a $1,720 Penalty involving Outlook Farm for Water Supply violations in Westhampton. MassDEP concluded the Order with the Farm, a public water supplier, and its owner Brad Morse concerning the violations, which included: water meter installation and use; source tap; annual statistical report submission; cross-connection, and operator compliance. MassDEP has agreed to suspend the entire amount pending compliance with today's Order.    

2/24/11: MassDEP executed a Consent Order with an $18,564 Penalty involving Pan Am Railways and the Boston and Maine Corporation for Asbestos violations in Ayer. MassDEP determined improper removal and disposal of asbestos-containing floor tiles by in-house personnel during a November 2008 renovation of an employee break room at the GMX Storage Warehouse in Ayer. Under the terms of the settlement, the companies have agreed to remain in compliance with the Asbestos Regulations in the future, and pay $8,064 of the Penalty. In addition, the companies will complete a Supplemental Environmental Project (SEP) that expends at least an additional $10,500 to provide asbestos training to its employees and area municipal employees, including maintenance staff from the Ayer Public Schools system.

2/24/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Daniel MacAuley for Chapter 91 (Waterways) violations in Halifax. MacAuley failed to file a Notice of Intent before altering 'land under water and in the buffer zone' before placing an unpermitted floating dock into Monponsett Pond. Today's Order requires restoration of plantings at the pond edge and payment of the Penalty. Completion of the Chapter 91 permitting process is required prior to reinstalling the dock in 2011.

2/23/11: MassDEP entered into a Consent Order with a $6,472 Penalty involving T&K Asphalt Services, Inc. for Waste Site Cleanup violations at 10 NE Business Center Drive in Andover. T&K Asphalt Services, Inc. of Whitman failed to notify MassDEP as soon as possible, and within two hours, after obtaining knowledge of a reportable release of asphalt sealant that occurred due to improper application prior to a heavy rain event. The release impacted adjacent soils, storm drains, and a stream that discharges to the Merrimack River. This unpermitted discharge also constituted a violation of the surface water discharge regulations. Today's Order requires T&K Asphalt to prepare and submit an Oil and Hazardous Material Release Prevention and Response Plan to be utilized by its employees in the event of future release incidents. Today's Penalty requires payment of $3,236, with an equal amount suspended, as well as stipulated penalties of $1,000 per day for any future violation of the requirements.

2/23/11: MassDEP entered into a Consent Order with a $12,500 Penalty involving Dartmouth Power Associates LLC, for Air Quality violations in Dartmouth. In September 2010, the company operated a new combustion turbine and dispatched electricity to the grid for several hours at the request of ISO-New England. This action was taken involving a new turbine, permitted by MassDEP in 2008 that had failed stack tests done several times since installation. These tests had demonstrated that the unit does not meet the emission limits in MassDEP's permit. This is also a violation of federal New Source Performance Standards that require the facility to pass a compliance test prior to operation of the unit.

2/22/11: MassDEP entered into a Consent Order with an $18,050 Penalty involving Kaspar M. Torosian and Susan Torosian for Asbestos violations at 60-62 Davis Road in Belmont. MassDEP responded to a complaint of improper asbestos removal at the property and determined that asbestos containing insulation had been removed improperly from the boiler and heating lines at the site. As a result of the violations observed by MassDEP, the Torosians will pay $500 of the Penalty with the remaining $17,550 suspended for a period of one year. A financial inability to pay the penalty was a factor in reaching this settlement.

2/18/11: MassDEP entered into a Consent Order with a $15,000 Penalty involving David Andrewes for Wetlands violations at 127 East River Road in Middlefield. Andrewes had conducted work beyond that permitted in the Order of Conditions for the demolition and reconstruction of a single-family residence at the site, including the cutting of vegetation along the Westfield River. Today's Order requires Andrewes to submit a restoration plan, and fully implement the plan by 6/1/11. Under today's Order, Andrewes has agreed to pay $4,000 of the Penalty with the remaining $11,000 suspended contingent upon Andrewes complying with the requirements of the Order.

2/18/11: MassDEP issued a Demand for $1,000 Penalty involving: Berkshire Medical Center (Pittsfield), Hanover Insurance Company (Worcester), University of Mass Medical School (Worcester), and The Cambridge Hospital (Cambridge). Pursuant to the "Rideshare" regulations 310 CMR 7.16 these entities have failed to meet the conditions of a previously-agreed Consent Order as executed on 6/7/10. Except for the Cambridge Hospital, all other facilities failed to file a compliance plan to assure compliance with all future Massachusetts Rideshare Regulation reporting and planning requirements. The Cambridge Hospital, however, did fail to complete and submit a 2009 Rideshare Program Update Report. Each facility was assessed a $1,000 penalty. Deficiency Letters were also issued to the four facilities for failure to revise their 2009 and 2010 Rideshare reports as stipulated in the June 2010 letters.

2/18/11: MassDEP entered into a Consent Order with a $1,725 Penalty involving Mueller Corporation for Hazardous Waste Management and Air Quality violations in East Bridgewater. A multi-media inspection by MassDEP revealed that Mueller Corporation was generating more hazardous waste than for which it had registered (which was as a "very small" quantity generator). Observations were also made at the time of inspection of opacity greater than 40 percent from the exhaust stack of its spray booth (number 5). Today's Order ensures compliance with all applicable requirements.

2/16/11: MassDEP entered into a Consent Order with a $20,200 Penalty involving Joan Wanczyk (d/b/a River Drive Excavating) for Wetlands violations in Hadley, specifically to resolve the placement of 3,555 cubic yards of fill in the floodplain of the Connecticut River and cutting of trees in the Riverfront Area to the Connecticut River. The company, River Drive, is a small business and must remove all fill from the floodplain with full verification by 5/31/11. The company has agreed to pay $3,000 of the Penalty with the remaining $17,200 suspended contingent upon River Drive Excavating fully complying with the terms of the Order.

2/16/11: MassDEP issued a Unilateral Order to National Facility Services, Inc. for Surface Water Discharge, Clean Water and Wetlands Protection Act violations at 60 Island Street in Lawrence. MassDEP issued the cease and desist Order to National Facility Services, Inc. as a result of an investigation that began with a complaint from the Lawrence Police Chief regarding soil and silt-laden snow being pushed with a front-end loader onto the bank and into the Merrimack River. The violation was discovered by the Mayor of Lawrence. The police investigation revealed that National Facility Services, Inc. was contracted by certain commercial entities to remove and dispose of snow and that the contaminated snow was being disposed of on the property and into the river without authorization of the property owner. This action was being done without any permits and in non-compliance with MassDEP's Snow Disposal Guidance. Additional enforcement is anticipated.

2/16/11: MassDEP issued a Unilateral Order to Daren Caruso for Surface Water Discharge, Clean Water and Wetlands Protection Act violations at 60 Island Street in Lawrence. MassDEP issued the cease and desist Order to Caruso as a result of an investigation that began with a complaint from the Lawrence Police Chief regarding soil and silt-laden snow being pushed with a front-end loader onto the bank and into the Merrimack River. During the police investigation Caruso admitted that he removed the contaminated snow from a certain commercial site and was disposing of it on the property and into the river without authorization of the property owner. The activity was performed without any permits and in non-compliance with MassDEP's Snow Disposal Guidance. Additional enforcement is anticipated.

2/16/11: MassDEP executed a Consent Order with a $30,400 Penalty involving Tedeschi Food Shops, Inc. for Asbestos violations in Leominster. The Asbestos violations were found during an August 2010 inspection of one of the company's convenience stores located in Leominster. During renovations of the store, asbestos-containing floor tiles were improperly removed, handled and stored. In addition, the company failed to required the proper notification of the asbestos removal. Under the terms of today's Order, the company agreed to remain in compliance with the applicable regulations in the future. The company has agreed to pay $23,300 of the Penalty with the remaining $7,100 suspended provided the company has no further violations for one year.

2/15/11: MassDEP entered into a Consent Order with a $25,000 Penalty involving TRC Environmental Corporation for Waste Site Cleanup violations in Fitchburg. TRC Environmental Corporation at the Riverfront Park located at 14 Commercial Street in Fitchburg violated regulations included making or causing another party (the city of Fitchburg) to make false, inaccurate and misleading statements to MassDEP. Submittals signed and stamped by TRC's licensed site professional, included the (final) response action outcome and activity and use limitation attached to the property as well as a recent soil management plan as MassDEP's contractor. The submittals stated that a two-foot cap overlay contaminated soil at the site; however, observations in the field by MassDEP found the cap thickness to range from a few inches to a maximum of 18 inches. Today's Order requires retraction of the outcome statement and AUL as well as the site assessment. In addition to the Penalty, the company must accurately re-characterize the cap placed on the property and submit a revised outcome statement within 90 days.

2/14/11: MassDEP entered into a Consent Order with a $13,525 Penalty involving the College Internship Program, Inc., for Asbestos violations in Lee. MassDEP discovered during its investigation of nuisance dust emissions from the renovation of a commercial building on Main Street in Lee found that the College Internship Program, Inc. ("CIP") had removed asbestos-containing building materials from the building's facade without filing an asbestos notification. Further, CIP had not instituted the proper asbestos handling procedures. CIP cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. CIP has agreed to pay a penalty $2,000 of the Penalty, the balance of which will be suspended for one year provided that CIP remains in compliance with the state asbestos regulations. CIP will be implementing procedures to prevent similar violations of the asbestos regulations from recurring in the future.

2/14/11: MassDEP entered into a Consent Order with a $64,000 Penalty involving William Sweeney (d/b/a Mr. Home) for Hazardous Waste Management, Air Quality and Solid Waste violations in Wilbraham. MassDEP inspected Sweeney's home repair business located in Wilbraham in response to a complaint received by the Wilbraham Police Department regarding the illegal disposal of waste oil at the facility. During the inspection, MassDEP discovered soil staining and buried liquid oil at the facility. Further investigation revealed that employees of the business had transported waste oil to the facility from a job site located in Holyoke without possessing a hazardous waste transporter license. As a result of MassDEP's investigation, Sweeney has now initiated the cleanup of the disposed oil. MassDEP also investigated the Wilbraham Fire Department's complaint responses concerning open burning of building debris and incineration of demolition material in a wood burning stove at the facility. As part of a settlement agreement, Sweeney has agreed to cease transporting waste oil, discontinue open burning and incineration of solid waste in the wood stove. Sweeney will pay $30,000 of the Penalty and MassDEP has agreed to suspend an additional $34,000 provided that Sweeney complies with the terms of today's Order.

2/14/11: MassDEP has entered into a Consent Order with a $750 Penalty involving RPM Wood Finishes Group, Inc. for Hazardous Waste Management, Industrial Wastewater and Air Quality violations in Westfield. MassDEP inspection of RPM's manufacturing facility revealed an uncertified industrial wastewater holding tank, air pollution control violations relating to spray booths and storage of volatile organic compounds, and hazardous waste management housekeeping and labeling violations. RPM, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. RPM has agreed to pay the penalty and correct the violations.

2/14/11: MassDEP issued a $7,850 Penalty Assessment Notice to Robert Gignilliat, Jr. for Asbestos violations in Holyoke. While reporting alleged violations of various environmental regulations committed by his former employer, Gignilliat admitted that acting as an individual, he removed asbestos thermal system insulation in a multi-family home located in Holyoke without filing the appropriate asbestos notification, and without instituting the proper handling and disposal procedures.

2/14/11: MassDEP issued a Unilateral Order to Robert Chatwood for Wetlands violations at 654R Essex Avenue in Gloucester. MassDEP issued the Order to Chatwood for him to immediately upon issuance cease and desist, any and all activity on the site within jurisdiction of the Wetlands Protection Act. MassDEP had previously issued Chatwood a cease-and-desist Order in September of 2010 for work he was performing altering wetland resource areas in violation of a superseding order of conditions (SOC). Although delivery of that Order was attempted by hand accompanied by police, by regular mail and by certified mail, ultimately Chatwood accepted none of the deliveries. In response to complaints received from neighbors in December 2010 that Chatwood was cutting and clearing vegetation in wetland resource areas again, MassDEP staff inspected the property from a public way and found recent additional alteration of wetland resource areas in violation of the SOC. Alterations total 4,100 square feet of bordering vegetated wetlands and 120 linear feet of intermittent stream. MassDEP served today's Order by constable, regular and certified mail. Additional enforcement is anticipated.

2/14/11: MassDEP entered into a Consent Order with $7,845 Penalty involving Empire Recycling, LLC for Solid Waste violations in Billerica. In 2010 MassDEP personnel conducted two inspections of Empire's Billerica recycling facility in response to repeated complaints of odors and improper operating conditions at the facility. The facility accepts source-separated recyclable paper, cardboard, and mixed recyclable containers for recycling. Empire sorts and removes incidental waste from the recyclables and bundles them prior to shipment off-site. During the inspections MassDEP personnel observed recyclable material being tipped and stored outside of the facility in noncompliance with the regulatory criteria for conditionally-exempt recycling operations. Under today's Order, Empire will pay $2,000 of the Penalty with the remaining $5,845 suspended contingent on Empire complying with the requirements for conditionally exempt recycling facilities for two years. In addition, today's Order requires that a qualified third party inspector conduct nine unannounced inspections of the facility over the next year to ensure the facility is in compliance.

2/14/11: MassDEP executed a Consent Order with a $30,000 Penalty involving Ipswich Municipal Light Department for Waste Site Cleanup violations at 276 High Street in Ipswich. Today's Order includes a timeline for submittal of a (final) response action outcome (RAO) statement that would return the site to compliance with cleanup regulations. Ipswich Municipal Light Department has agreed to pay $2,500 with the remaining $27,500 suspended pending compliance. The $27,500 suspended penalty will be due if Ipswich Municipal Light Department fails to comply with the response action deadline established in today's Order. Today's  enforcement action will lead to the cleanup of petroleum contaminated soil emanating from historical fuel oil release(s) from former aboveground storage tanks (ASTs). This site has been in the system since 2002.

2/11/11: MassDEP entered into a Consent Order with a $1,040 Penalty involving Airxchange, Inc., for Air Quality and Toxics Use Reduction Act (TURA) violations in Rockland. Airxchange submitted a self-disclosure letter to MassDEP following an internal audit performed at its facility. The letter disclosed that Airxchange operated an air source without first obtaining a plan approval and had not developed a required TURA Plan. In addition to the Penalty (which represents avoided payment) Airxchange must bring the facility back into compliance.

2/10/11: MassDEP entered into a Consent Order with a $12,937.50 Penalty involving Cesyl Mills, Inc. for Air Quality violations in Millbury. In response to multiple odor complaints in the vicinity of the facility, a MassDEP inspection verified the existence of nuisance odors emanating from Cesyl Mills on at least four occasions, and determined that the company was violating its (non-major) Air Quality plan approval. Today's Order requires the company, in addition to the Penalty, must comply with all the terms and conditions of its existing approval. A return to compliance with the plan approval will mitigate smoke and odor from the company.

2/9/11: MassDEP entered into a Consent Order with a $2,500 Penalty involving Ted Ondrick Company, LLC for Wetlands violations at 240 Chicopee Street in Granby. MassDEP found placement of fill in a wetland area at a rock quarry/storage facility located at this property. Staff reviewed an abbreviated notice of resource area delineation that had previously been submitted by Ondrick for expansion of this quarry. Upon review of color orthophoto aerial photos using MassGIS datalayers, staff determined that past construction at the site placed fill within the protected wetlands and resulted in a loss of 900 to 1,000 square feet of bordering vegetated wetlands. Ondrick voluntarily contracted an environmental consulting firm to address the violations and prepared a restoration plan. Today's Order requires full implementation of the restoration plan by 6/15/11. In addition the company will conduct and submit follow-up monitoring of the success of this restoration plan.

2/9/11: MassDEP entered into a Consent Order with a $5,450 Penalty involving Daniel Jusidman for Wetlands violations in Great Barrington. A general contractor hired by the property manager violated the Act by cutting and clearing 22 trees (2,500 square feet) within the protected Riverfront Area of the Williams River. The Williams River is a designated Cold Water Fisheries Resource. The Riverfront Area extending 200 feet along either side from the Mean Annual Flood Elevation is an area subject to protection under the Act. MassDEP's investigation was the result of a request for assistance from the local conservation commission. The Order requires Jusidman to retain the services of an environmental consultant to prepare and submit a 'restoration plan' to MassDEP for approval. The approved restoration plan will be implemented by 5/1/11 with the requisite follow-up monitoring of the success of that plan also required. MassDEP has agreed to suspend $2,450 of the Penalty contingent upon Jusidman complying with the terms of the Order.

2/8/11: MassDEP was notified of a Settlement Agreement of $100,000 between the Commonwealth and Duralectra, Inc. for Hazardous Waste Management, Air Quality, Industrial Wastewater and Toxics Use Reduction Act violations. The final judgment was signed in Suffolk Superior Court approving a settlement agreement between the Commonwealth and Duralectra, Inc. and Duralectra-CHN, LLC (together Duralectra), the terms of which require Duralectra to conduct its operations at its Natick facility so that it complies with all the aforementioned regulations. Because of Duralectra's current financial condition, the annual payment is based on Duralectra's gross sales for the preceding fiscal year, with $20,000 of the penalty waived if Duralectra pays $80,000 within two and half years. During inspections conducted at the Natick facility in February 2007, MassDEP observed Duralectra illegally boiling down a tank of waste sodium dichromate solution in order to reduce the volume of waste to be disposed and save on disposal costs. The waste sodium dichromate solution contained hexavalent chromium, a toxic carcinogen that poses acute health hazards and is listed as a hazardous air pollutant. Duralectra continued boiling down the waste solution even after being told by the MassDEP to refrain from doing so. MassDEP also observed various other violations including improper storage and management of hazardous waste, the emission of volatile organic compounds, and noncompliance with other environmental reporting requirements. In late 2009, inspections by the MassDEP found Duralectra had come back into full compliance at the facility.

2/7/11: MassDEP issued a Unilateral Order to the city of Methuen for Water Pollution Control violations. Under today's Order, the city is required to address illegal wastewater connections to their storm drain system.   The city's investigation work confirmed that there are at least five properties with sewer connections to the drainage system, which is resulting in untreated sewage discharges into the Merrimack River.   Today's Order requires the city to complete its investigation and remove the illegal connections expeditiously.

2/7/11: MassDEP entered into a Consent Order with a $32,740 Penalty involving MultiGrains, Inc. for Air Quality violations in Lawrence. As part of an initiative to inspect bakeries, MassDEP staff inspected MultiGrains commercial bakery facility in Lawrence in July, 2010. During that inspection, it was determined that MultiGrains' baking operations were a  source of volatile organic compounds (VOCs) which require prior written plan approval from MassDEP. Additional violations observed during the inspection included: inadequate exhaust stacks, failure to provide air quality emission reports, and several waste oil violations. Today's Order requires MultiGrains, Inc. to submit an appropriate comprehensive plan application, and assure that all additional violations identified in the ACOP are corrected. Additionally, the ACOP requires MultiGrains, Inc. to pay a $24,710 administrative penalty, with an additional $8,030 Penalty suspended, pending compliance with today's Order.

2/4/11: MassDEP issued a Unilateral Do-Not-Drink Order to the Marion Water Department. The Marion Water Dept. at 50 Benson Brook Road in Marion was issued today's written order for exceeding the regulatory limit for perchlorate. Today's Order follows a 'verbal' Do-Not-Drink order from 9/17/10.

2/4/11: MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the case involving Ronal J. Henault and Mason Construction Inc. of Millbury. The Decision incorporates a Settlement Agreement resolving the appeal of two Notices of Intent to Assess a Civil Administrative Penalty of $5,000. Under the terms of the Agreement, the two parties will jointly pay a $5,000 civil administrative Penalty in accordance with an established payment plan. An additional $51,937.50 penalty was suspended based upon satisfactory demonstrations of financial hardship conditions by both parties. MassDEP utilized its Small Business Policy in this decision and further required that both parties have no additional violations for one year. All alleged asbestos contamination has been remediated.

2/4/11: MassDEP entered into a Consent Order with Granville Cheese Company, Inc. for Water Supply violations in Granville. The company has agreed to address its compliance with the public water system requirements, including operator, metering, cross-connection, emergency planning and water quality monitoring requirements.

2/4/11: MassDEP issued a Notice of Intent to Assess a $41,235 Civil Administrative Penalty to David Oliveri and M.C.C.P. Construction Co., Inc. for Asbestos violations in Worcester. MassDEP issued the Notice to Oliveri (d/b/a Prudential Lenmar Realty of Natick) and to the M.C.C.P. Construction Co., Inc. (a Milford-based general contractor) for violations that were observed at a residential building in Worcester. Despite knowing that materials that contained asbestos that needed to be removed from the residence prior to sale, Oliveri arranged for the materials to be removed by the M.C.C.P. Construction Company, a general contractor lacking any asbestos removal license, training or certification. Advanced notification of the removal project was not provided to MassDEP, and none of the required removal, handling and storage/disposal practices were followed. Today's Notices of Penalties were issued after attempts to reach negotiated settlements with each violator failed. Each PAN assesses a $41,235 Penalty for the violations.   

2/4/11: MassDEP entered into a Consent Order with a $222,110 Penalty involving Gas Recovery Systems, LLC of Fall River Facility for Air Quality violations in Fall River. GRS was found to be in violation for exceeding emissions of sulfur dioxide (SO2) from the burning of landfill gas at its Fall River facility. In addition to the Penalty, the facility has agreed to submit a comprehensive plan application, increase the frequency of hydrogen sulfide monitoring to insure compliance with SO2 emission limits.

2/4/11: MassDEP executed a Consent Order with a $290 Penalty involving the Braintree Water and Sewer Department for Water Supply compliance violations, specifically the failure to submit copies of its 2008 and 2009 annual Consumer Confidence Reports. The BWSD, located at 90 Pond Street, failed to submit the annual report issued to its water supply customers as required on July 1, 2009 and July 1, 2010 respectively (repeat violation). In addition to the $290 Penalty, there is a stipulated penalty provision for any future violation.

2/3/11: MassDEP entered into a Consent Order with an $8,000 Penalty involving Liberty Mutual Insurance Company for Industrial Wastewater and Hazardous Waste Management violations in Hopkinton. MassDEP determined the company was discharging industrial wastewater to an on-site sanitary septic system without first obtaining a groundwater discharge permit, and accumulated hazardous waste longer than allowed under its registered generator status. In addition, the company failed to comply with other hazardous waste management requirements. The company, which has complied with the hazardous waste requirements and ceased the discharge of industrial wastewater, has agreed to comply with all applicable environmental regulations in the future, and to pay the full Penalty. This action will help ensure that this company and other companies will comply with environmental regulations.

2/3/11 MassDEP entered into a Consent Order with a $17,050 Penalty involving Harry Noorigian for Asbestos violation in Methuen. Noorigian, a master gas fitter, had improperly removed asbestos-containing insulation at 4 Fulton Street in Methuen. Noorigian did not notify MassDEP prior to the asbestos removal or utilize the work practices required by the regulation. Noorigian subsequently hired a licensed asbestos abatement contractor to decontaminate the basement at 4 Fulton St in Methuen. The assessed Penalty will remain suspended for a period of two years pending compliance. The small business policy was utilized in reaching this settlement.

2/1/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Atlantic Coast Dismantling, LLC, for Asbestos violations at 1 Herald Square in Boston. During a response to an asbestos/steam release on Harrison Ave in Boston MassDEP personnel observed that demolition work had occurred at 1 Herald Square in Boston. MassDEP personnel checked the notification data base to determine if a notification of asbestos removal or demolition had been filed. MassDEP determined that no notifications had been filed for any work at Herald Square. As a result of the foregoing MassDEP, which was accompanied by the personnel from the city of Boston, inspected the demolition site. Due to the violations observed by MassDEP personnel, Atlantic was assessed a $1,000 fine. Atlantic will pay $500 and $500 will remain suspended for the period of one year.

January 2011

1/31/11: MassDEP executed a Consent Order with a $3,500 Penalty regarding National Tire and Battery facility for Hazardous Waste Management violations on Grafton Street in Shrewsbury. MassDEP inspected this facility in response to a complaint, and reviewed manifests and determined that the company was acting outside of the limits of its registered status as a small quantity generator of waste oil, and that it had also failed to comply with standards including the labeling of waste oil tank/containers, signage and demarcation of waste-accumulation areas. Also, the company, was not maintaining three years of hazardous waste manifests on site, and failed to post its emergency information on site. Today's Order requires the company (which is based in Florida) to comply with all applicable environmental regulations in the future and pay the Penalty.

1/31/11:  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Walter Solek of Southwick for Air Quality and Solid Waste violations of the regulations. The violations were confirmed during an inspection of Solek's property following receipt of a complaint from the Southwick Fire Department. MassDEP found that Solek had disposed, by burning, accumulated pallets and miscellaneous wood waste and solid waste. As part of a settlement agreement, Solek has agreed to remove the material from the property and will not burn solid waste. Solek will pay $500 of the Penalty, while MassDEP has agreed to suspend the remaining $1,500 pending Solek's compliance with the terms of the agreement.

1/31/11: MassDEP issued an Administrative Order to GenOn Kendall, LLC to establish a schedule for construction and implementation of an air-cooled condenser and interim effluent limitations for the Mirant Kendall Station in Cambridge under its 2010 National Pollution Discharge Effluent System (NPDES) permit. The 2010 NPDES Permit became final on 1/28/11 after MassDEP and the federal EPA modified the company's NPDES permit to reflect the company's proposal for a significant facility upgrade. This upgrade, in combination with a new steam pipeline to be built across the Longfellow Bridge in the next few years, will enable Mirant Kendall Station to sell up to twice as much steam in Boston as is currently possible. These changes will result in major environmental benefits, including a reduction in Kendall Station's thermal discharge and cooling water withdrawals by about 95 percent. The Order establishes a schedule for the construction work and interim effluent limits until the work can be completed.

1/28/11: MassDEP executed a Consent Order with a $5,000 Penalty regarding New England Hydro-Transmission Electric Company, Inc. for Air Quality violations in Ayer. The New England Hydro-Transmission Electric Company, Inc. (which is based in Waltham) converts Canadian hydro-power and feeds it into the New England power grid at its Sandy Pond high voltage direct current (HVDC) facility. The company self-reported that it had failed to obtain the required Air Quality plan approval for the installation of an emergency diesel engine in 2007. Under the terms of today's Order, the company must submit an Air Quality plan application to MassDEP that includes compliance modeling for this engine, including one-hour NOx (nitrogen oxide) emission standard and a noise-impact analysis. Further, the company must utilize ultra low-sulfur diesel fuel (less than 5 parts per million of sulfur). Additionally, it must install a non-turn back hour meter, pay twice the application fees and install a stack silencer and restrict testing hours to 300 daytime hours per year or less. The electric utility company will pay the full Penalty as well.

1/27/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving EarthTronics Inc. due to Mercury-Added Lamp Violations. MassDEP entered into consent order with the company, which manufactures mercury-added lamps that are sold in Massachusetts, due to its failure to comply with MassDEP requirements that such companies submit 2002-2007 lamp sales data, annual compliance certifications for 2008 and 2009, or provide for public education about lamp recycling. EarthTronics, which is a Michigan-based company, also failed to respond to a previous MassDEP enforcement notice. Under the settlement, the company agreed to correct its violations, develop a plan for remaining in compliance with Environmental Results Program (ERP) regulations, and pay the full Penalty.

1/26/11: MassDEP entered into a Consent Order with the town of Charlton for Wetlands violations at a municipal landfill off Flint Road in Charlton. Through this action, the town has agreed to correct violations at the landfill caused by the failure of its former contractor, BATG Environmental, Inc., to comply with the requirements of the Wetlands Protection Act during the landfill closure process. MassDEP's inspection of the landfill closure work identified that alteration of bordering vegetative wetlands (BVW) caused from erosion and siltation and the failure of BATG to comply with the requirements of a separate wetlands enforcement action to correct those violations. Today's Order requires the town to maintain erosion and sedimentation controls, and complete the restoration activities in accordance with the approved "Wetlands Restoration Plan". This action will result in restoration of half an acre of BVW.

1/26/11: MassDEP entered into a Consent Order with $2,800 Penalty regarding Eckel Industries, Inc. for Air Quality and Hazardous Waste Management violations in Ayer. Specifically the company's Rubbair Door Division, of Ayer violated regulations by failing to apply for and receive an approval relative to its air emissions plan. Further, the company failed to provide accurate data on its air reporting form, and it generated hazardous waste in excess of its registered status. Today's Order requires compliance with all applicable regulations, and the payment of the Penalty. This action will help ensure that similar companies comply with environmental regulations.

1/26/11: MassDEP entered into a Consent Order with an $18,000 Penalty involving Westborough Buick-Pontiac-GMC, Inc. for Air Quality and Hazardous Waste Management violations in Westborough. The company failed to obtain an air quality plan approval for its auto body repair operations; it illegally discharged industrial wastewater to an unapproved well and to its on-site sanitary septic system. Further, the company failed to comply with numerous Hazardous Waste Management requirements. The company agreed to correct the violations on the property, and to pay an $18,000 Penalty. This action will help ensure compliance.

1/26/11: MassDEP entered into a Consent Order with a $1,500 Penalty involving Wright Architectural Millwork Corp. for Hazardous Waste Management violations in Northampton. An inspection of the company's manufacturing facility revealed that small amounts of rags saturated with ignitable and toxic paint wastes were disposed of (improperly) in a solid waste dumpster, and a container holding the rags was not kept closed and labeled. As part of a settlement agreement, the company has agreed to correct the violations and pay $750 of the Penalty. MassDEP has agreed to suspend the remaining $750 pending the company's compliance with the terms of the agreement.

1/25/11: MassDEP executed a Consent Order with Gloucester Transit Mix, Inc., for Waste Site Cleanup violations at 45 Emerson Avenue in Gloucester. Today's Order includes a timeline for submittal of a phase two comprehensive site assessment report, a phase three remedial action plan, a phase four remedy implementation plan and a (final) response action outcome (RAO) statement to return the site to compliance. This site has been in the system since 2007. This enforcement action will lead to the cleanup of hazardous materials released to the environment.

1/25/11: MassDEP entered into a Consent Order with an $8,470 Penalty involving the town of Georgetown for Water Supply violations, specifically, failure to prepare an emergency response plan and failure to respond to notice of noncompliance that MassDEP issued on 6/16/10 for failure to comply with the requirements of the groundwater rule. Also, the town failed to operate and maintain a water system in a manner that ensures the delivery of safe water in accordance with the Drinking Water Regulations. The town also failed to comply with Disinfection Byproducts Monitoring Requirements and failure to report to MassDEP analytical results of the total trihalomethanes during August 2010, and notify MassDEP of the failure to monitor. In addition, the town then failed to notify the public of this failure to monitor. The town will pay $2,500 of the Penalty and MassDEP has agreed to suspend the remaining $5,970 provided, however, that the town of Georgetown does not violate any provision of this Consent Order, or further violates any of the Drinking Water Regulations.

1/25/11: MassDEP entered into a Consent Order with a $12,000 Penalty for Wetlands violations involving the town of Holland. Specifically, MassDEP found the violations occurred when the town of Holland was repairing a collapsed stormwater manhole and stormwater discharge pipe. In addition to the Penalty, the Town will sponsor a full day "brown bag" seminar to be presented by wetlands professionals on the practical application of the Wetlands Protection Act in relation to road, drainage and related work. The target audience is DPWs, conservation commissioners and contractors in the towns near Holland. A number of DPWs have already expressed an intention to attend.

1/24/11: MassDEP entered into a Consent Order with a $9,000 Penalty involving William J. Fogarty for Wetlands violations at 1 Indian Hill Lane in Melrose. Fogarty owns this residential property, where a final order of conditions (FOC) was issued to a previous owner in 1995 for construction of a single family house, driveway and utilities. The work would take place in the buffer zone to a bordering vegetated wetland (BVW) on the property. This FOC required a vegetated buffer area in the rear of the property to protect the BVW. The FOC expired in 1998 and a certificate of compliance - or completion - was never requested. This case arose when Fogarty filed a notice of intent in October 2010 to re-grade the rear of the property. At that time, MassDEP discovered that the vegetated buffer area did not exist. Fogarty withdrew the notice. Under today's Order, the site will be brought into compliance with the requirements of the '95 FOC. Fogarty will implement a final grading and planting plan and agreed to provide three years of monitoring going forward. Fogarty will pay $500 and the remaining $8,500 will be suspended upon demonstration of compliance and the issuance of a return to compliance letter.

1/21/11:  MassDEP executed a Consent Order with a $14,380 Penalty involving DeMoulas Super Markets, Inc. for Waste Site Cleanup violations at Mystic Mall in Chelsea. DeMoulas Super Markets, Inc. is the owner and operator of the Mystic Mall, Chelsea. Specifically, violations were for failure to meet the requirements established in the company's activity and use limitation (AUL) that it attached to the property at the Registry of Deeds. DeMoulas failed to follow the established protocol for notification prior to removing soil from the site, in violation of the AUL. The company has agreed to pay $10,000 of the Penalty and MassDEP has agreed to suspend $4,380 pending compliance.

1/21/11: MassDEP issued a Unilateral Order to Whispering Pines Condo Association for Water Supply violations at this public water supply in Eastham. The violations occurred at 2221 State Highway in Eastham where the residences are located due to a test showing exceedence of the regulatory limit for perchlorate (a contaminant). Today's Order constitutes a written follow up to an immediate Do Not Drink Order that was issued on 8/31/10.

1/20/11: MassDEP entered into a Consent Order with a $29,050 Penalty involving Wood Trucking Corporation for Wetlands and Solid Waste violations at 27R Farm Avenue in Peabody. The violations occurred on the site of a recycling and composting operation. Wood previously entered into Consent Order with MassDEP in 2005 for solid waste violations. In 2006, Wood was issued a Determination of Need (DON) by MassDEP for operations on the property. In May of 2007 MassDEP investigated the site for wetlands violations after substantial wetland filing was identified using aerial photography as part of MassDEP's Wetland Change Initiative. However, the 2007 inspection and subsequent inspections in 2009 and 2010 confirmed there had been additional alteration (approximately 4,900 square feet of bordering vegetated wetland and 240 linear feet of intermittent stream bank). The 2009-10 inspections also revealed multiple violations of MassDEP's DON including operating methods and requirements that were in place to employ best management practices for stormwater control and for the protection of wetlands that are necessary to prevent nuisance conditions and control seagulls. Today's Order includes provisions for restoration of the 240 linear feet of intermittent stream bank, restoration/creation of 13,000 square feet of BVW, construction of a stormwater collection and pretreatment system, and submittal of an application for a comprehensive new DON. Wood has agreed to pay $7,500 while MassDEP has agreed to suspend $21,550 pending compliance and after five years of monitoring and reporting are submitted.

1/19/11: MassDEP entered into a Consent Order with Sem Charles for Asbestos violations in Springfield. Following a complaint from a tenant, MassDEP conducted an inspection of a rental property located in Springfield. Several bags filled with asbestos insulation and two boiler sections bearing remnant asbestos insulation were found in the basement of the property. During its investigation, MassDEP learned that the owner of the property had retained Charles to replace a boiler at the property. The owner, who cooperated with MassDEP and properly and promptly cleaned up and disposed of the asbestos as well as assisted in locating Charles. After Charles demonstrated a financial inability to pay a Penalty, MassDEP concluded an agreement that requires Charles to attend asbestos awareness training and provides for stipulated penalties should Charles violate the terms of the Order or violate the asbestos regulations within two years.

1/19/11: MassDEP has executed a Consent Order with a $6,946 Penalty involving Pharmasol Corporation for Air Quality and Hazardous Waste Management violations in Easton. A multi-media inspection of the Pharmasol Corporation revealed that Air Pollution violation, relative to a recordkeeping requirement and haz-waste violations specifically, its container labeling, its training plan, its (emergency) contingency plan and its storage area requirements. The facility has agreed to pay the entire $6,946 Penalty for the violations and agreed to comply with all applicable regulations and requirements.

1/14/11: MassDEP executed a Consent Order with $6,696 Penalty involving Conoco Phillips Company for Waste Site Cleanup violations at 134 Boston Post Road in Wayland. ConocoPhillips is a responsible party for a release of gasoline that was discovered at 134 Boston Post Road. ConocoPhillips failed to file modified Immediate Response Action Plans to reflect changes in ongoing response actions and to adequately monitor groundwater for remedial additives. Under today's Order the company will pay $3,000 of the Penalty with an additional $3,696 suspended pending compliance.

1/14/11: MassDEP entered into a Consent Order with Salvador Matta for Hazardous Waste and Solid Waste Management violations in Southbridge. MassDEP determined the violations by Matta (d/b/a Chico's Used Auto Parts) who has now agreed to an established enforcement schedule under which the facility will come into compliance with Hazardous Waste and Solid Waste Management regulations. Matta currently has a lease, with an option to purchase, the property from the estate of the previous owner who had accumulated a substantial amount of tires and other debris at the site. Today's Order also contains stipulated penalty provisions should Matta fail to complete the required clean up within the established timeframes.

1/14/11: MassDEP entered into a Consent Order with a $4,350 Penalty involving Jerry Santos for Asbestos violations in New Bedford. Santos has agreed to provide copies of all asbestos containing waste receipt within 30 days in regards to clean up activities at 147 Hathaway Street in New Bedford. Santos created a condition of air pollution in violation by power-washing a residence at 147 Hathaway Street. MassDEP has agreed to fully suspend the Penalty under application of the homeowner policy.

1/11/11: MassDEP entered into a Consent Order with a $19,400 Penalty involving Terry Baker for Asbestos violations in Falmouth. Baker is required to provide copies of all asbestos containing waste receipts within 30 days. Baker contracted for disposal of asbestos containing material (ACM) at a location not approved to manage that particular type of solid waste, in violation of the regulations. ACM that was sampled and originated at 422 Main Street in Falmouth was not containerized in leak-tight containers and was not labeled as asbestos. Baker did not file a notification with MassDEP for the removal of ACM in violation of regulations. Under today's Order, Baker will pay a $3,000 Penalty with $16,400 suspended pending compliance.

1/10/11: MassDEP entered into a Consent Order with an $8,470 Penalty involving J.S.B. Industries Inc. for Air Quality violations in Chelsea. MassDEP inspected J.S.B. Industries facility in Chelsea, a commercial baking location, in July, 2010. During that inspection, it was determined that the baking operations were a source of volatile organic compounds (VOCs) which require prior written plan approval from MassDEP. Additional violations observed during the inspection included: inadequate exhaust stacks, failure to provide air quality emission reports, and several waste oil violations. Today's Order requires J.S.B. Industries to submit a completed plan application, and take immediate actions to address/correct all additional violations identified in the Order. Additionally, today's Order requires J.S.B. Industries to pay a $3,020 of the Penalty, with an additional penalty of $5,450 suspended, pending compliance. This is the first of a series of cases MassDEP is pursuing against bakery operations. To date, thirteen bakery/coffee roasting businesses have been inspected where nearly 150 tons per year of emissions were occurring without required air quality permits being in place.

1/10/11: MassDEP executed a Consent Order with a $50,000 Penalty involving Holyoke Tire and Auto Service, Inc. for Hazardous Waste Management violations at West Springfield (2), Chicopee, Holyoke, Springfield, Wilbraham and Worcester. Holyoke Tire and Auto Service, Inc. is a Western Massachusetts automobile and truck tire and service company whose principal office is located in West Springfield. After hazardous waste management violations were discovered during an inspection of one of the company's West Springfield facilities, MassDEP inspected and found hazardous waste management violations at seven other facilities owned and operated by Holyoke Tire and Auto Service, Inc., including two in Worcester. As part of the settlement agreement, the company, which cooperated with MassDEP to address its noncompliance, has now agreed to pay a penalty of $30,000 and correct the violations. In addition, the company has agreed to implement an Environmental Management System at all of its facilities in order to maintain future compliance. MassDEP has agreed to suspend $20,000 of the Penalty pending the company's compliance with the terms and conditions of the agreement.

1/7/11: MassDEP entered into a Consent Order with a $4,200 Penalty involving Russell Orcutt (d/b/a Top Notch Abatement) for Asbestos violations in Southbridge. MassDEP inspected sites where a licensed asbestos contractor Russell Orcutt (Top Notch Abatement) was working in 2009. Under the terms of the settlement, Orcutt is now required to remain in compliance with the Asbestos in the future, and pay a $4,200 Penalty. Orcutt must also pay an additional $600 Penalty that had been suspended under a previous Consent Order from 2008. That suspended Penalty is now due because the company failed to meet its agreement to have no further violations for one year.

1/7/11: MassDEP executed an Amended Consent Order with the City of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. The city is the owner of the property and MassDEP has agreed to extend the timelines for submittal of a tier two extension permit by the city for the cleanup of this site. In addition, the city is required to submit a (final) response action outcome. This site has been in the system since 1991. This enforcement action will lead to the cleanup of gasoline and fuel oil-contaminated groundwater and soil emanating from the removal of an underground storage tank and an above ground storage tank.

1/7/11: MassDEP entered into an Amended Consent Order with a $1,500 Penalty involving the city of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. As owner of the property, the city was unable to meet deadlines for cleanup of the property specifically failure to file a tier two extension and a (final) response action outcome (RAO). By 1/15/11, the city will submit to MassDEP a tier two extension which meets the requirements; and, by 4/7/11 the city will submit an RAO. This site has been in the system since 1991. This enforcement action will lead to the cleanup of gasoline and fuel oil-contaminated groundwater and soil emanating from the removal of an underground storage tank and an above ground storage tank.

1/7/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving Mayo Group Development, LLC, for failure to meet Waste Site Cleanup deadlines at 76-80 Kemble Street in Roxbury. Mayo Group Development, LLC owns the property where it failed to meet deadlines set out in a Notice of Noncompliance dated 2/22/08. There is a stipulated penalty provision for any further missed deadlines.

1/4/11: MassDEP executed a Consent Order with John Martins for Waste Site Cleanup violations at 859 Washington Street in Attleboro. Martins failed to comply with the deadlines established in a Notice on Noncompliance. MassDEP identified violations of the requirements applicable to the final response action outcome statement submitted on this property closing out the cleanup. There was an activity and use limitation instrument at this site. MassDEP issued a notice of audit findings/notice of noncompliance, and established a sixty-day deadline for the correction of these violations. Today's Order establishes deadlines for completing the necessary tasks required to correct the RAO and AUL violations.

1/4/11: MassDEP executed a Consent Order with a $290 Penalty involving Cohasset Water Department for Water Supply violations at 39 King Street in Cohasset, specifically the failure to submit copies of its (required) 2008 and 2009 annual Consumer Confidence Reports to the MassDEP by 7/1/09 and 7/1/10 (repeat violation). In addition to the Penalty, today's Order includes a stipulated penalty provision for any future violations.

1/4/11: MassDEP executed an Amended Consent Order with Forbes Park LLC and Seawall Realty LLC regarding the former Forbes Lithographic location in Chelsea. As owners of the former Forbes Lithographic site in Chelsea, these companies were responsible for Waste Site Cleanup work at the site. Today's amendment was issued to extend the deadline to June 30, 2011 for submittal of cleanup reports including a phase four (as-built construction report); an inspection report and completion statement. In addition a monitoring/maintenance plan for the engineered barrier, and a final response action outcome, or a remedy operation status. This (six month) extension of deadlines for completing the work was requested by Forbes Park LLC due to its current financial circumstances. Compliance was achieved for all previous deadlines established in the previous Consent Order.

1/3/11: MassDEP entered into a Consent Order with James Ayotte (d/b/a Country Cottage Repair) for Asbestos violations in West Springfield. During an inspection of a vacant residential property in West Springfield, MassDEP discovered that Ayotte had been removing and disposing of transite siding, in non-compliance with the MassDEP's asbestos regulations. Ayotte has cooperated with MassDEP and arranged to have the property properly cleaned up. Following MassDEP's determination that Ayotte had an inability to pay a Penalty, MassDEP executed a Consent Order with Ayotte that required him to develop a Standard Operating Procedure for any home improvement work he may conduct in the future that may involve encountering asbestos-containing materials. In addition, today's Order also provides for stipulated penalties for a one year period for any future noncompliance with the asbestos regulations.

1/3/11: MassDEP entered into a Consent Order with Jose Dias for Asbestos violations at a residential property in Holyoke. MassDEP discovered that Dias, a home improvement contractor, had been removing transite siding in noncompliance with the MassDEP's asbestos regulations. Dias cooperated with MassDEP and arranged to have the property properly cleaned up. MassDEP determined that Dias, who no longer performs home improvement work, had an inability to pay a Penalty. Under today's Order, Dias will pay stipulated penalties if over a one-year period there are future noncompliance incidents with asbestos regulations.

1/3/11: MassDEP entered into a Consent Order with a $2,500 Penalty involving 2 Katie Marie Drive LLC, for Industrial Wastewater violations in Oxford. The company is the owner of a property in Oxford where a previous tenant (and subject of a different enforcement action) discharged industrial wastewater to the ground, and eventually to nearby wetlands. These violations were in noncompliance with industrial wastewater and wetlands requirements. In addition, solid waste had been disposed of on the property. Under the terms of today's Order, Katie Marie Drive LLC will submit a wetlands restoration plan, complete the restoration in the spring of 2011, remain in compliance with applicable Solid Waste Regulations in the future, and pay the Penalty.