December 2012

12/28/12: MassDEP entered into a Consent Order with Dentamaro, Inc., for Water Supply violations in Holland. Dentamaro is the operator of Diane's Villa Nova, a restaurant and public water system.  This pre-existing but unregistered public water system was registered by MassDEP and today's Consent Order establishes a schedule for actions necessary to bring the system into compliance.

12/27/12: MassDEP issued a Notice of Intent to assess a $63,725 Penalty to Robert J. Abasciano for Asbestos violations on Green Street in Worcester. During a December 2010 inspection of a commercial property located in Worcester MassDEP found the violations while responding to a complaint from the City of Worcester's Code Enforcement Office.  MassDEP inspectors observed that Abasciano, a journeyman plumber, had improperly removed asbestos-containing insulation from heating pipes at 69-71 Green Street in Worcester.  Significant quantities of dry, friable asbestos insulation were observed uncontained on the basement floor and outside in a parking lot at the property.  No notification had been provided to MassDEP for the asbestos removal work.

12/27/12: MassDEP entered into a Consent Order with Granby Housing Authority for Water Supply violations in Granby.  MassDEP entered into an Administrative Consent Agreement for this Senior Housing Complex to establish a schedule for upgrades to the facilities public water system.  Today's Order also establishes a schedule to address deficiencies identified in a 2012 Sanitary Survey, specifically construction of a new water works building that will house new water storage tank, and other equipment  including an emergency generator.

12/27/12: MassDEP issued a Unilateral Order to F&G Recycling, LLC, for Wetlands and Clean Water Act violations in Hampden.  F&G are the owners of Hampden Country Club.  Today's Order requires that F&G cease unpermitted activities in wetlands resource areas and to stop the discharge of sediment to those resource areas.  In addition F&G is required to submit written reports on all activities at the site since 2010.  Additional actions are expected with respect to the site.

12/21/12: MassDEP executed a Settlement Agreement with Leo Bertolami for Waste Site Cleanup violations in Acton. Today's Agreement with Bertolami, both individually and as trustee of the Powder Ridge Realty Company, resolves the issues that arose as a result of a December 1997 release of oil in Acton.  MassDEP incurred cleanup costs of $14,157 and also assessed a $24,000 Penalty under a 2007 Consent Order.  Through today's Agreement, Bertolami will pay $49,000 to the Commonwealth, which represents the principal amount of MassDEP's response action costs, a portion of the accrued interest, as well as full payment of an outstanding Demand for $17,500 in stipulated penalties issued by MassDEP in February 2008, and all the accrued interest since.

12/21/12: MassDEP was notified of a Judgment on Motion to Dismiss by Justice Timothy Feeley, allowing MassDEP's/AG's motion to dismiss for lack of subject matter jurisdiction in the matter of Wood Mill LLC/MassInnovation LLC ("WM/MI"). WM/MI appealed an Administrative agency decision in Essex County Superior Court regarding Penalty Assessment Notices issued by MassDEP for Asbestos violations observed at a site in Lawrence.  According to the final Administrative Decision, WM/MI would need to pay penalties totaling $92,575. WM/MI failed to create the jurisdictionally mandatory escrow account with the court, or obtain a waiver thereof from the court within twenty days of filing the complaint which resulted in the dismissal.

12/20/12: MassDEP entered into a Consent Order with a $10,560 Penalty involving Channel Building Company at Dunkin Donuts University for Asbestos violations at 589 Granite Street in Braintree. Channel Building Company, located at 355 Middlesex Ave in, Wilmington, was cited or asbestos demolition and renovation operations conducted at the Dunkin Donuts University office building located at 589 Granite Street in Braintree.  Channel Building Company controlled the site as the General Contractor and was responsible for extensive interior and exterior demolition activities that significantly damaged asbestos containing materials associated with the project.  Channel also chose not to consider the results of the asbestos survey and analytical data prior to conducting the demolition activities, which resulted in several Asbestos and Air Quality violations, including failure to submit Air Quality notifications to MassDEP, as well as failing to seal the asbestos abatement work area to prevent visible or particulate emissions to the ambient air space.  Channel Building has been will pay $4,350 of the Penalty within thirty (30) days of the effective date of the document and the remaining $6,210 will be suspended for one year of the effective date, provided Channel Building Company does not violate any provisions of today's Order, and does not further violate any of the regulations.

12/20/12: MassDEP entered into a Consent Order with a $27,350 Penalty involving Unlimited Removal and Demolition, Inc. for Asbestos and Hazardous Waste Management violations at John E. Burke School at 17 Birch Street in Peabody.  MassDEP responded to a complaint of improper asbestos removal and demolition. MassDEP observed during an inspection of the respondents work area at the site that the respondent had failed to properly remove asbestos-containing materials prior to demolition activity which impacted said materials. In addition, the respondent failed to properly notify MassDEP prior to the demolition. MassDEP inspected the respondent's facility at Fayette St in Lynn. During the inspection and investigation, MassDEP observed multiple Hazardous Waste violations.   As a result of the violations observed by MassDEP, the respondents will pay $9,000 with the remaining $18,500 suspended for a period of two years.  The small business policy was utilized in reaching this agreement.

12/20/12: MassDEP entered into a Consent Order with10A Bridge Street Realty Trust for Waste Site Cleanup violations in Dartmouth.    MassDEP conducted a file review audit of a downgradient property status (DPS) opinion for the property resulted in the issuance of a DPS termination and notice of noncompliance letter on 6/29/12 for Waste Site Cleanup violations. The termination letter requires the submission of MCP-phased reports with the deadlines for those reports.  The (potential) responsible party contacted MassDEP and indicated that they could not comply with those deadlines. Today's Order extends the deadlines in order for the violations to be addressed appropriately.  

12/20/12: MassDEP entered into an Amendment to an existing Consent Order with Wales Brookside Village for Water Pollution Control violations in Wales.  The Amendment is to a 2009 Consent Order which required this manufactured home community to upgrade its septic system.  The Amendment establishes a new schedule for completion of upgrades for the remaining septic systems at the community; including a firm date for plan designs of 1/31/13 and the completion of construction by 9/30/13.  

12/20/12: MassDEP entered into a Consent Order with a $4,500 Penalty involving Wales Brookside Village for Water Supply violations in Wales. This manufactured home community failed to notify MassDEP following the loss of water service and failure to take other actions relative to this water supply emergency.  In addition to paying the full Penalty, Wales Brookside Village is required to update its emergency response plan, as well as train its staff on proper emergency response.  

12/18/12: MassDEP entered into a Consent Order with J. P. R. Realty Inc. for Waste Site Cleanup violations at 3 Plank Street in Billerica.  J. P. R. Realty Inc. is the owner of the property where specific violations included, the failure to meet deadlines set out in earlier Consent Order executed on 4/20/06. The cleanup work was started, but could not be completed due to finances at the time.  Today's Order now requires a tier one permit extension to be submitted to MassDEP for the ongoing cleanup at the site by 12/30/12 and then a final response action outcome statement by 9/30/14/.  There is also a stipulated penalty provision for any missed deadlines.

12/18/12: MassDEP entered into a Consent Order with a $5,350 Penalty involving Next Step, LLC, for Asbestos and Solid Waste violations in Rochester. Next Step was in noncompliance at the New Bedford Waste Rochester Division Facility with Asbestos regulations for not properly containerizing and labeling the asbestos material; In addition, for contracting for disposal of asbestos containing waste at a facility (New Bedford Waste Rochester Division) that is not permitted to take that type of waste (Asbestos).  Today's Order and Penalty of $5,350 allows for $2,350 of the Penalty to be suspended under the small business policy.  

12/17/12: MassDEP executed a Consent Order with a $5,000 Penalty involving United Innovations, Inc., d/b/a Specialty Looseleaf, of Holyoke for Hazardous Waste Management violations.  In addition to exceeding the waste-oil generation quantity for its claimed status of 'very-small quantity generator', the company was cited for twelve other hazardous waste management violations at its facility.  Since being notified of the violations, the company has taken steps to address these noncompliance issues.  Today's Order requires the company to correct the violations and pay a $5,000 Penalty, of which $2,000 of which will be suspended for one year, provided that the company complies with all terms of the Order and does not repeat the cited violations.

12/17/12: MassDEP entered into a Consent Order with Pine Hill Orchard for Water Supply violations in Colrain. Pine Hill Orchard is a public water system that will address two violations of the maximum contaminant limit for total coliform (bacteria).  Today's Order requires Pine Hill Orchard to install disinfection in the event that it has additional violations of the total coliform rule in the next twelve months.   

12/17/12: MassDEP entered into a Consent Order with Huntington Water Department, for Water Supply violations in Huntington. Huntington Water Department, a public water system, will address deficiencies identified in a sanitary survey which had not been addressed in accordance with the corrective action requirements included within the original inspection report.  Today's Order sets a schedule to address the deficiencies, including, updating the system's master plan, update the maintenance plan, installing continuous chemical analyzer, or, alternately, obtaining a waiver and appointing a new cross-connection control coordinator.

12/17/12: MassDEP entered into a Consent Order with a $31,100 Penalty involving Tu Do and Kevin Nguyen for Asbestos violations at 10 Denmark Street in Milton.  MassDEP responded to a complaint of improper asbestos removal and disposal at the site, where violations were found. Asbestos had been improperly removed/handled/disposed in the rear of the building.   As a result of the violations, the respondents will pay $3,000 and $28,100 will be suspended for a period of one year.  The homeowner's policy was utilized in reaching this agreement.

12/14/12:  MassDEP issued a Unilateral Order to Grafton & Upton Railroad Company for Wetlands violations in Grafton. The allegations involve activities that occurred on its Westboro Road and North Main Street Rear properties located in Grafton.  In response to a complaint, MassDEP determined that construction activities had impacted riverfront area and buffer zone areas protected under the Wetlands Protection Act.  The activities were being conducted without the Company having first filed a 'notice of intent' or having obtained an 'order of conditions.'  Under the terms of today's Order, the Company must cease and desist from all work activities at the properties which could contribute to, or exacerbate local Wetlands. Then, the Company must hire an erosion control specialist to prepare, and submit to MassDEP for review and approval, a plan to control the discharge of silt and sediment-laden run-off, and hire a wetlands scientist/specialist to both evaluate any impacts to wetlands resource areas, and submit a restoration plan for additional MassDEP review and approval.  

12/14/12: MassDEP, through the Mass. Atty. General's Office, reached a Settlement Agreement with EP Energy, Cover Technologies Inc., ConEd Development and Woodard & Curran Inc. regarding the overfill of landfill closure in West Springfield and Agawam.  The settlement requires the payment of $2.68 million in civil penalties to the Commonwealth and payment of back taxes totaling approximately $570,000 to Agawam and West Springfield.  The settlement also requires the repair of the landfill closure to occur over the 2013 and 2014 construction seasons.

12/14/12: MassDEP issued a $42,975 Civil Administrative Penalty to Rubia Avila for Waste Site Cleanup violations at 34-36 Cliftwood Street in Springfield.  Avila is the owner of a two-family residential rental property at that address where on 8/26/12 MassDEP responded after a complaint regarding strong fuel oil odors and potential oil spillage was received from a neighbor.  MassDEP's investigation determined that Avila had arranged for the removal and dismantling of 2, 275-gallon aboveground storage tanks at the residence.  The dismantled tanks had been moved the backyard of the property.  Fuel oil had been spilled within the basement of the residence and was washed into an area of dirt floor.  Oil had also been spilled onto paved surfaces outside the residence, and oil and oily sludge had been discharged into four holes dug in the back yard.   MassDEP estimated that in excess of 50 gallons of fuel oil and oily sludge had been generated and disposed of at the property.  After receiving a verbal Notice of Responsibility, Avila retained a cleanup contractor and licensed site professional to address the release, and submitted a response action outcome statement, documenting completion of the cleanup.

12/13/12: MassDEP entered into a Consent Order with a $16,779 Penalty involving Dominion Energy Brayton Point, LLC for Air Quality violations in Somerset. MassDEP found excess emissions of sulfur dioxide form the facility.   Dominion Energy, an electric generating utility located in Somerset, self reported two incidents in which they exceeded their permitted sulfur dioxide emission limits.  The two incidents resulted in a total of 994 pounds of sulfur dioxide emitted over their permitted emission limits.  The cause of the two incidents was attributed to problems with their emissions monitoring software, which has been corrected.  Today's Order requires Dominion Energy to review and if necessary modify its data collection, data processing, quality assurance program and plant operational procedures to minimize the likelihood of future excess emissions.

12/12/12: MassDEP entered into a Consent Order with a $9,000 Penalty involving NuCedar Mills, Inc., for Air Quality violations in Chicopee.  MassDEP identified excess emissions of volatile organic compounds (VOC) through a review of the company's annual air quality reports. The excess emissions occurred from February to August of 2011.  In addition, the company was cited for not reporting the exceedances to MassDEP and failure to record in its annual report the proper VOC-content of the coatings it was utilizing.  As part of today's Order with MassDEP, NuCedar Mills, Inc. is required to correct the violations and pay the $9,000 Penalty.

12/12/12: MassDEP issued a Boil Water Order to the town of Richmond, regarding its public water system serving the Richmond Town Hall, a residence and a neighboring church.  The water system had experienced very high total coliform (bacteria) counts which persisted despite disinfection attempts.  Today's Order requires boiling water or using alternate water supply.  The water system is required to install a mechanical disinfection system to assure an adequate 'residual', i.e. an effective disinfection. In addition, other actions related to adequately addressing this emergency are required.

12/10/12: MassDEP executed a Consent Order with a $26,000 Penalty involving William Murray, as trustee of the BMC Realty Trust, for Waste Site Cleanup violations at 1 Willard Street in Peabody.  Specifically, the violation was a failure to submit a phase two report that complies with the requirements in the regulations, and which was specifically required in an earlier Consent Order on 12/19/11.  Today's Order requires a revised phase two report by 3/15/13, a phase three report by4/15/13, and if necessary a revised phase four report by 4/15/13 and a tier classification extension by 9/1/13 and a final response action outcome statement or remedy implementation system by 9/13/13. Today's Order also requires payment of $5,000 with the remaining $21,000 suspended, provided all requirements are met.   A stipulated penalty provision is also included for any missed deadlines.

12/7/12:  MassDEP entered into a Consent Order with a $46,250 Penalty involving IXYS Integrated Circuits Division, CP Clare of Beverly regarding environmental violations.  On 6/28/12 (approximately 5:00PM) MassDEP's Environmental Strike Force (ESF) was notified of a tier three haz-mat activation at the Waste Management's Transfer Station located at 740 Broadway (Route 99) in Melrose.  Earlier at 4:00PM, MassDEP had been notified by the Melrose Fire Department (MFD) of the incident.  At that time two gas cylinders containing lithium hydride had been found in the transfer station and were burning and fuming.  The cylinders had arrived at the transfer station in one of the loads picked up that day.  MFD called for a tier three response by the Division of Fire Services haz-mat team, MassDEP responded and worked with involved parties to develop and implement a plan to stabilize and manage the cylinders.  Following the initial phase of the incident, ESF initiated an investigation on 6/29/12.  Two additional yet similar cylinders were found at the transfer station that day.  The investigation by ESF determined the source of the cylinders to be the CP Clare facility in Beverly.  CP Clare was cited for improper storage, handling and disposal of hazardous waste, including a reactive waste.  Today's Order requires CP Clare to inventory their hazardous materials, hazardous wastes and reactive wastes, properly manage the wastes and to provide training to staff.  CP Clare will pay $30,000 of the Penalty and the remaining $16,250 will be suspended pending compliance with the disposition and actions required under the Order.

12/6/12:  MassDEP entered into a Consent Order with a $3,000 Penalty involving Getty Properties Corp. for Waste Site Cleanup violations in Monson. The property is a gasoline station located at 27 Palmer Road.  Getty Properties Corp. is operating an active remedial system that requires submittal of status reports documenting remedial progress every six months.  Getty Properties Corp. has failed to submit several status reports or has submitted status reports late since November 2008.  The Consent Order requires Getty Properties Corp. to pay a penalty of $3,000 and to submit a remedial system status report within 30 days.  In addition, Getty Properties Corp. is required to submit status reports by 5/12/13 and 11/12/13 until such time that the remedial system is terminated.

12/5/12:  MassDEP entered into a Consent Order with the town of Southbridge for Drinking Water violations.  Today's Order contains an enforceable schedule to provide an approved source of public water for the Southbridge Municipal Airport office and Jim's Flyin' Diner, both located at 220 Airport Access Road in Southbridge.  Today's Order requires that Jim's Flyin' Diner remain closed until the town extends the Southbridge Water Department municipal water line to the facilities and connects the facilities to the water line.  The Order also requires the town to disconnect the facilities from the existing on-site well.  This action will ensure that anyone served at these locations will receive water that is safe and fit to drink.

12/5/12: MassDEP entered into a Consent Order with $4,100 Penalty involving 629 Massachusetts Ave, LLC for Water Supply violations in Boxborough.  The company will correct violations of the Drinking Water Regulations that occurred at its Public Water System, which serves businesses at Boxborough Commons.  Based on review of monitoring reports and inspection of the public water system serving this location, MassDEP determined that the owners had failed to properly monitor the drinking water and had not retained the services of a Certified Operator, as required by the applicable regulations.  Under today's Order, the LLC has agreed to hire a certified operator to oversee sampling and monitoring and other requirements under the regulations.   Through this action, the approximately 100 persons served by this non-transient, non-community system will continue to receive water that is fit and safe to drink.

12/5/12: MassDEP entered into a Consent Order with a $12,648 Penalty involving A. Schulman Custom Compounding NE, Inc. for Hazardous Waste Management, Air Quality and Industrial Wastewater violations in Worcester.  (CERO): MassDEP finalized an Administrative Consent Order with Penalty (ACOP) with A. Schulman Custom Compounding NE, (formerly known as ECM Plastics, Inc.) self-reported to MassDEP that it had previously failed to apply for and obtain a required Air Quality plan approval.  A subsequent inspection revealed that the company had also failed to file source registration, failed to record inspections of its hazardous waste accumulation area, and it was operating an industrial wastewater pretreatment system without a certified operator.  Under the terms of today's Order, the company will return to compliance, in consideration of the company's self-reporting of the major violation and MassDEP's policy on incentives for self-policing, the company will pay $920 with the balance suspended provided there are no other violations for one year.  The document also contains stipulated penalty provisions for any future violations.  The $920 penalty the company will pay represents the economic benefit improperly derived in the past as a result of the cited violations, but ensures compliance with applicable environmental regulations in the future.    

12/5/12: MassDEP entered into a Consent Order with New England Power Company for Wetlands violations in Hampden. New England Power Company d/b/a National Grid will resolve an historic wetlands violation on a site acquired by National Grid for the construction of a substation.  National Grid identified the violation in the course of its work while getting all the proper permitting prior to beginning the substation project.  National Grid self-notified MassDEP of the violation and proposed to restore the altered wetlands.  Today's Order provides for the proper preparation, and replacement of a bordering vegetated wetlands area.  Stipulated penalties are included to ensure that National Grid constructs this restoration area.

12/5/12: MassDEP entered into a Consent Order with Adams Fire District for Water Supply violations in Adams. The Adams Fire District is a public water system in Adams.  Today's Order addresses repeated exceedances of the maximum contaminant level for total coliform bacteria and includes the requirement to install disinfection to ensure the District complies with the applicable Water Supply regulations.

12/5/12: MassDEP entered into an Amendment to an existing Consent Order with Home Market Foods (HMF), Inc. in Norwood. The Amendment is a result of HMF not implementing interim measures to mitigate odors as previously specified and required. Today's Amendment sets deadlines for installation of the final Air Quality control equipment in two phases and assesses a total penalty of $293,000.  Home Market has agreed to pay a penalty of $43,000 and MassDEP has agreed to suspend $256,000 pending completion of the installation of the control equipment.

12/4/12: MassDEP entered into a Consent Order with a $15,050 Penalty involving North American Site Developers Inc. (NASDI) for Asbestos violations at 2014 Washington Street in Newton.  MassDEP observed during an inspection that NASDI workers at this address had improperly removed/handled asbestos containing materials.   As a result of the violations, NASDI will pay $1,000 and $14,050 will be suspended provided there are no additional violations for a period of one year.

12/4/12: MassDEP executed a Consent Order with a $41,150 Penalty involving NASDI, LLC for Asbestos violations at General Josef Pilsudski Street and Columbia Road in Boston. MassDEP observed during an inspection, NASDI's workers at this address had improperly removed/handled asbestos containing materials.  The respondents operations at the Site were creating visible emissions due to inadequate dust control. In addition, the respondent was not complying with an alternative work practice approval.  As a result of the violations, NASDI will pay $25,000 of the Penalty and the remaining $16,150 will be suspended provided there are no additional violations for a period of one year.

12/4/12: MassDEP entered into a Consent Order with a $35,625 Penalty involving Yankee Environmental Services, LLC for Asbestos violations at 278 Babcock Street in Boston.  MassDEP observed during an inspection of this address that the Yankee employees had improperly removed/handled asbestos containing materials.  The respondent's operations at the site were creating visible emissions to ambient air due to improper operation of air-cleaning machines and breaches in the asbestos containment area. As a result of the violations observed by MassDEP, Yankee will pay $20,000 of the Penalty with the remaining $15,625 suspended provided there are no additional violations for a period of one year.

12/3/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving ProGroup Network Inc., d/b/a Certa Pro Painters, for Water Pollution Control and Hazardous Waste Management violations in Dartmouth/Fairhaven.  In September 2012, Certa Pro Painters dumped waste paint wash water into a storm drain which ultimately discharged to the Paskamansett River in Dartmouth.  MassDEP met with Certa Pro Painters personnel and inspected their main facility in Fairhaven in October 2012.  Certa Pro Painters conducted immediate response actions to address the release to the surface water.  Based on observations, and review of records, MassDEP determined there were violations of the surface water discharge regulations and those regarding the proper storage and management of hazardous waste.  Certa Pro Painters has corrected the hazardous waste violations, implemented an 'environmental protection policy' for use by its employees in the proper handling/disposal of hazardous waste.  In addition, the company formalized the employee training to prevent any future discharge to storm drains. Certa will pay $2,857 of the Penalty and MassDEP has suspended the remaining $2,875 provided Certa Pro Painters does not have any additional discharges to stormdrains/surface water.  

November 2012

11/30/12: MassDEP issued a Unilateral Boil Water Order to Connie's Silverbrook Café, LLC, in Sandisfield.  MassDEP issued the Order in response to e coli detections and total coliform detections within this transient non-community's public water system.  Today's Order requires public notice, emergency response, chlorine disinfection and follow-up actions.

11/29/12: MassDEP was notified of a Final Judgment in Suffolk Superior Court in a case against Total Dismantling and Carting Services, Inc., and its successor, The Total Group Inc.  The demolition company was ordered to pay $100,000 in civil penalties for improper Asbestos removal and demolition practices at multiple sites including the Hook Lobster fire site in Boston. Total will pay $50,000 and $50,000 will be suspended. The case was investigated by MassDEP and prosecuted by Attorney General Martha Coakley's office.

11/28/12: MassDEP entered into a Consent Order with a $37,625 Penalty involving 60 Shrewsbury Nominee Trust and 7 Nana Steak House Inc. for Asbestos violations.  Violations were evident at both the 60 Shrewsbury Street Nominee Trust of Worcester, and 7 Nana Steak House Inc. of Lowell.  The violations were found during an inspection of renovation work being conducted at a commercial property located in Worcester during January 2012.  MassDEP inspectors determined that dry, friable asbestos insulation had been improperly removed, handled and stored at the property which was in the process of being converted into a restaurant.  Under the terms of the settlement, the two violators will pay $24,000 of the $37,625 Penalty, and the balance will be suspended provided, the respondents have no further violations for one year.  

11/27/12: MassDEP entered into a Consent Order with a $14,000 Penalty involving 47 Delmar Park, LLC, for failing to address Waste Site Cleanup violations at 47 Pond Street in Sharon. Delmar Park failed to address the violations previously stated in Notice of Noncompliance (NON) that MassDEP issued on 6/23/10.  Specifically, Delmar Park failed to submit a tier classification charactering the progress and site conditions. The company was given a thirty (30) day deadline for the submission of the tier classification and failed. Today's Order establishes a deadline of 3/1/13 for the submission of the tier classification.  The Order suspends $12,000 of the Penalty, and contains a payment schedule for the remaining $2,000.       

11/26/12: MassDEP executed a Consent Order with a $30,000 Penalty involving AAA Auto Clinic for Waste Site Cleanup violations at 600 Main Street in Watertown.  Specifically, the violations were for failure meet deadlines established in a previous Consent Order executed earlier this year on 1/23/12.  Today's Order now requires a phase two report and a phase three report by 9/18/14 and a release abatement measure status or completion report by 12/5/12. MassDEP has agreed to suspend $27,000 of the Penalty with a stipulated penalty provision for any missed deadlines.

11/26/12: MassDEP executed Consent Orders with $6,750 Penalty involving Berklee College of Music Inc., the operator and developer of the property on Belvedere Street and Massachusetts Avenue in Boston for Waste Site Cleanup violations. Specifically, violations were the failure to submit plans for the application of remedial additives prior to application of additives to the site.  Under today's Orders, the College is required to return the site to compliance with state cleanup regulations and submit a phase two report and, if applicable, a phase three report by 9/25/13; a phase four report by 1/15/13; and, a final response action outcome statement by 3/25/15. MassDEP has agreed to suspend $3,250 of the Penalty, with a stipulated penalty provision for any missed deadlines.

11/20/12: MassDEP executed a Consent Order with a $30,000 Penalty involving NIMILA for Waste Site Cleanup violations at 26 Hersey Street in Salem. NIMILA is the owner of the property at 26 Hersey Street where specific failure to submit phase status reports within the deadlines previously established in a notice of noncompliance MassDEP issued on 1/19/12.  New deadlines have now been set in today's Order that will return the site to compliance. NIMILA will submit a phase two comprehensive site assessment by 3/1/13; a phase two remedial action plan by 6/1/13; a phase four remedy implementation plan by 9/1/1/3; and, a final response action outcome statement (or remedy operation status submittal) by 3/1/14.  NIMILA will pay $4,000 of the Penalty and MassDEP agreed to suspend $26,000 of the Penalty, pending compliance.

11/20/12: MassDEP entered into a Consent Order with a $2,000 Penalty involving North Woods Contracting, Inc. for Waste Site Cleanup violations in Pittsfield.  North Woods is a corporation based in South Portland, Maine. The company failed to notify MassDEP within two hours of a sudden release of hydraulic fluid that occurred at the Verizon facility, 1899 East Street in Pittsfield.  On 5/29/12, at 7:30 a.m., a truck-mounted crane owned and operated by North Woods was loading telephone poles at the site when a hydraulic hose ruptured, releasing an estimated 20 gallons to paved surfaces in the vicinity of the crane.  North Woods took steps to clean up the release, and retained a licensed site professional to oversee response actions.  However, MassDEP was not notified of the release until 1:00 p.m. on that date.  In order to resolve the violation, North Woods agreed to pay a $2,000 penalty and re-train its employees on responding to releases of oil and hazardous materials.

11/19/12: MassDEP entered into a Consent Order with Azorean Brotherhood of the Divine Holy Ghost, Inc. for Waste Site Cleanup violations at 18 Howley Street in Peabody. The Brotherhood is the owner of 18 Howley Street, where it has failed to phased status cleanup reports within the deadlines established in MassDEP's notice of audit findings issued by MassDEP on 1/11/12.  New deadlines were established in today's Order that requires a return to compliance including the submittal of a phase three remedial action plan by 12/23/12; and, a phase four remedy implementation plan. Thereafter, a post-audit completion statement is due by 3/23/13; a tier-one permit extension by 4/23/13; and, response action outcome final statement or remedy operation status submittal by 12/31/13.   

11/19/12: MassDEP entered into a Consent Order with a $16,050 Penalty involving American Environmental Inc. for Asbestos violations at Newton North High School at 360 Lowell Avenue, in Newton. MassDEP performed multiple inspections of the asbestos removal at Newton North High School. American was performing asbestos removal at the site prior to demolition. During the inspections, MassDEP observed dry, friable, asbestos containing waste in containers and contaminated water leaking from the work areas. MassDEP personnel determined that dry removal had been performed in some areas of the building. As a result of the violations observed by MassDEP, American was assessed a fine in the amount of $16,050. American will pay $8,025 and $8,025 will remain suspended, pending continued compliance, for a period of one year.

11/16/12: MassDEP entered into a Consent Order with a $2,875 Penalty involving White Pine Village for Groundwater Discharge violations in East Bridgewater. White Pine Village operates a wastewater treatment facility that serves Ridder Farm Inc. an over 55 residential community. MassDEP found that the treatment facility violated its groundwater discharge permit levels for effluent.  Today's Order ensures that the ground waters of the Commonwealth are protected from treated wastewater discharges by ensuring that Ridder Farm, Inc. complies with effluent discharge limits and ground water quality standards by taking the necessary actions to improve the performance of the on-site wastewater treatment facility.

11/16/12: MassDEP entered into a Consent Order with a $14,375 Penalty involving Bostik Inc. for Air Quality violations at 211 Boston Street in Middleton.  The facility was found to be in violation concerning the noncompliant operation of two air pollution control devices that are used to control odors and volatile organic compounds at its facility.  Operation of these devices was approved by MassDEP via the issuance of an Air Quality Plan approval to Bostik on 9/13/11.  These devices were operated for several hours in the time period between mid-November 2011 and end of January 2012 at temperatures below the required minimum operating temperatures contained in the plan approval.  Bostik agreed to upgrade its standard operating and maintenance procedures for these devices and to include electronic interlocks designed to automatically shut down the devices and associated processes, whenever their operating temperature drops below minimum temperature set points.  Further the company will institute better administrative controls to enhance the interlock instrumentation.  MassDEP has agreed to suspend $4,625 was suspended pending compliance with the requirements contained in today's Order.

11/15/12: MassDEP entered into a Consent Order with the Plymouth Public Schools for Groundwater Discharge violations. The respondent violated limits in its permit. Today's Order is to ensure that the ground waters of the Commonwealth are protected from treated wastewater discharges by ensuring that effluent discharge limits and ground water quality standards are met. The respondent will submit for review its monthly discharge monitoring reports that document the performance of the wastewater treatment facility.

11/15/12: MassDEP entered into a Consent Order with an $8,500 Penalty involving Canvasback Homeowners Association for Wetlands violations in Sandwich. The Association built eight (8) pile held seasonal piers on the shore of Peters Pond.  These piers were built without permits in violation of the Wetlands Protection Act and Chapter 91. The piers, as constructed, prevented public access along the shore of the pond and impacted approximately 13 square feet of land under a water body (Peters Pond). Today's Order requires the immediate removal of the piers and the payment of an $8,250 of the Penalty. The piers may not be reinstalled until a valid final superseding order of conditions is issued and a valid Chapter 91 license is issued. An "after-the-fact" Notice of Intent has been filed for the construction of these eight (8) piers. The local order approving these piers has already been appealed by a group of 10 citizens. The issuance of superseding order (as noted) and a Chapter 91 license application has also been submitted and is under review.

11/15/12: MassDEP executed a Consent Order with a $6,000 Penalty involving Consumer Solutions REO, LLC, for Waste Site Cleanup violations in Millis.  The company failed to conduct an immediate response action (IRA) in accordance with MassDEP approval. Additionally, the company failed to submit a final response action outcome (RAO) statement.  The IRA approval required confirmatory indoor air sampling which was not conducted.  The RAO violations included failing to determine the extent of soil contamination and failing to determine a conservation exposure point concentration for a drinking water well and indoor air.  Today's Order assesses a penalty of $6,000.  MassDEP has already received a revised RAO on 9/27/12 that corrects the identified violations.   

11/15/12: MassDEP entered into a Consent Order with a $7,800 Penalty involving Joseph W. Machie for Wetlands violations in Freetown. Machie was found to have illegally filled in bordering vegetated wetlands and working within the buffer zone without necessary permits where he resides at 15 Martin Drive.  On multiple occasions the respondent has incrementally altered approximately 10,000 square feet of BVW on his property.  The entire Penalty has been waived as the respondent has demonstrated a financial inability to pay.  Today's Order does require the fill be removed from the Wetlands and that the area be re-vegetated, under a plan that is to be submitted by the respondent, and reviewed and approved by MassDEP.

11/14/12: MassDEP entered into a Consent Order with the town of Hawley in connection with the dredging and subsequent 'channelization' involving five (5) miles of the Chickley River in Hawley following Hurricane Irene in 2011.  Today's Order was executed in conjunction with a Consent Agreement with ET&L Corp., the contractor that performed this work.  Today's Order obligates the town of Hawley to contribute $109,000 to an escrow account established to provide for plantings and long-term monitoring at the site following the restoration by ET &L Corp.  The agreement also resolved investigations that followed this activity by the Natural Heritage Program, the Army Corps of Engineers, and the federal EPA investigation into the work.   Today's Order was also reached with the town's contractor ET&L Corp. at the same time.

11/14/12: MassDEP's Commissioner issued a final decision adopting the recommended final decision involving the settlement with ET&L Corp. for alleged violations in Hawley. Today's decision approves the settlement of ET&L's appeal of a Unilateral Order issued in connection with the dredging and channelization of 5 miles of the Chickley River in Hawley. These activities followed Hurricane Irene in 2011.  Today's settlement provides for the restoration of the 5 miles of the Chickley River; the establishment of an escrow agreement for additional plantings; the monitoring of the viability of these plantings; and, a penalty of $175,000 of which $66,000 is suspended upon compliance. There is a contribution of $41,000 to an escrow fund.  The agreement also resolved investigations by the Natural Heritage Program, the Army Corps of Engineers, and the federal EPA into the work.   

11/13/12: MassDEP issued a Consent Order with a $4,850 Penalty involving Midway Realty, LLC, for Asbestos violations in Dartmouth.  Midway Realty was in noncompliance at the former Lincoln Park on State Road in Dartmouth with Asbestos regulations for not properly containerizing and labeling the asbestos material and for not filing a notification with MassDEP prior to the removal of asbestos material.  Today's Order contains a $4,850 Penalty with $1,850 suspended under the small business policy

11/13/12: MassDEP entered into a Consent Order with $3,300 Penalty involving Patriot Recycling Corporation for Solid Waste violations at its facility in Raynham. MassDEP determined that Patriot Recycling Corporation stockpiled asphalt pavement, brick, concrete and asphalt shingles in quantities exceeding the limits established in a negative determination of deed for site assignment decision. MassDEP further determined that Patriot Recycling Corporation stockpiled these materials within a 100 foot wetlands buffer zone.  

11/13/12:  MassDEP issued a Unilateral Order to Elm Hill Water District in Auburn; the Millbury Park Owners Association in Millbury; and, the city of Worcester.  MassDEP issued individual Unilateral Boil Water Orders to each of these three entities as a result of an 11/12/12 break in a 30-inch diameter water main located on Chandler Street in Worcester.  The boil orders were put in place due to the large volume of water lost during the break, and required that the water suppliers conduct testing to assure the quality of the water was safe to drink, and further to provide public notice, and implement their respective emergency response plans.  On 11/14/12, these Orders were all lifted when it was demonstrated that the systems had been returned to an operating state of providing safe potable drinking water.  Both the Elm Hill Water District, which serves a population of approximately 2,200 persons, and the Millbury Industrial Park/Park Hill Village, which serves a population of approximately 400 persons are regulated by MassDEP as consecutive community water systems to the city of Worcester's public water system.  The City of Worcester system serves a population of approximately 181,000 persons. These actions assured the safety of the water supplied to a population of approximately 183,600 persons.  

11/10/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving Waterfront Grill at 36 Homers Wharf, LLC in New Bedford for Chapter 91 violations. MassDEP originally entered into a Consent Order with the LLC on 7/11/11, and, at that time, fully suspended a penalty of $11,500 for this unauthorized, non water dependent structure or use (seasonal temporary patio bar). The structure is located on Commonwealth tidelands in violation of Chapter 91 and the Waterfront Regulations. The respondent failed to comply with the terms of that Consent Order by failing to timely submit license application.  Today's amendment requires a Penalty payment of $3,000 and gives the respondent until 12/1/12 to submit an application.

11/9/12: MassDEP entered into a Consent Order with a $1,000 Penalty involving Covidien, LP for Waste Site Cleanup violations in Ware.  MassDEP requires documentation to demonstrate compliance with the Massachusetts oil and hazardous materials cleanup regulations at a site located at 20 Cummings Street in Ware.  Subsequent to 1987, one or more underground storage tanks located at the site were found to be leaking.  Cleanup was conducted, and in1996, a response action outcome statement that contained a temporary solution statement was filed relative to this site. As required by MassDEP regulations, Covidien is required to file a periodic review of this 'temporary solution' every five years.  The company submitted the first five-year periodic review on a timely basis, but was significantly late in filing the second and third submittals. Failure to submit these required reviews demonstrates a pattern of noncompliance.  The company has agreed to pay a $1,000 Penalty and has instituted corrective actions to avoid future violations.

11/7/12: MassDEP entered into a Consent Order with TRT Brockton for Waste Site Cleanup violations in Eastway Plaza, LLC in Brockton. During a comprehensive audit, MassDEP found violations of the Waste Site Cleanup regulations that were all summarized in a Notice of Audit Findings/Notice of Noncompliance.  The NON required TRT to either retract the final response action outcome statement previously submitted or submit a revised statement.  TRT contacted MassDEP and indicated that they could not comply with the deadlines.  Today's Order extends the deadlines in order for the violations to be addressed appropriately.  

11/7/12: MassDEP entered into a Consent Order with a $7,762.50 Penalty involving MSW Power Corporation for Solid Waste violations at 42 Long Pond Road in Plymouth. MassDEP determined that MSW Power had moved a waste-to-energy gasification unit approved for operation at one site to another unpermitted site in Plymouth without prior approval from MassDEP.  Pre-operational testing of the unit caused air emissions requiring a response by the Plymouth Fire Department.

11/2/12: MassDEP issued a Unilateral Boil Water Order to Madden Estates, LLP for Water Supply violations in West Brookfield. Madden Estates, LLP, is the owner and operator of Madden Estates Mobile Home Park at 254 Wickaboag Valley Road in West Brookfield.  The facility is a community public water system. The owners notified MassDEP that persistent and widespread total coliform bacteria had been confirmed to be present in samples collected in the public water system.  MassDEP directed the water supplier to immediately provide notification to all users to boil their water before using it for drinking and culinary purposes, to implement their emergency response plan. Further, Madden Estates must notify the local board of health and other town officials of the condition, provide disinfection, conduct additional sampling, and carry out corrective actions as outlined in today's Order. MassDEP's Order, which was issued to the owners, requires testing and follow up to ensure safety of the water, which is supplied to a population of approximately 26 persons.

11/1/12: MassDEP entered into a Consent Order with a $43,150 Penalty involving John C. Martorilli as trustee of JOMAR Realty Trust, for Asbestos violations at 11 Exchange Court in Waltham. MassDEP responded to a complaint of improper asbestos removal at the site.  During the complaint response, MassDEP inspected the basement at the site and observed dry, friable, bags of asbestos containing pipe insulation which had been improperly removed. MassDEP personnel responded to a second complaint at the site and determined that the improperly bagged asbestos waste had been moved to a dumpster on the property.  MassDEP determined that a notification had not been filed prior to the asbestos removal as required by the regulations.  As a result of the violations observed by MassDEP, JOMAR was assessed a $43,150 Penalty. JOMAR will pay $5,000 and the remaining $38,150 will remain suspended for one year, pending compliance.  In addition, JOMAR will send an employee to asbestos associate project worker training within 90 days. The small business policy was utilized in reaching this agreement.

October 2012

10/31/12: MassDEP issued Unilateral Orders to the following public water systems (PWS) in western Massachusetts. Each has failed to submit for multiple years the required "Drinking Water Program Annual Statistical Reports." The systems are: Hardwick Vineyards and Winery in Hardwick, which is a transient non-community PWS; Base Camp in Russell, also a TNC PWS; Wendell Country Store in Wendell, a TNC PWS; Greylock Estates Homeowners Association in Lanesborough, a community PWS; Sirius Community Center, Shutesbury, a TNC PWS; Bisselville Estates, Hinsdale, a community PWS; and Guilder Hills Homeowners Association, Egremont, a TNC PWS.

10/30/12: MassDEP executed a Consent Order with South Shore Hospital, Inc., for Waste Site Cleanup violations at its facility in Weymouth. The facility failed to conduct required assessment of the extent of contamination and complete any necessary cleanup of the site. Today's Order establishes deadlines for the completion of these response actions.

10/30/12: MassDEP issued a Boil Water Order to Vine Brook Estates Condominium Trust in Westford.  The Public Water System (PWS) lost pressure in its water distribution system due to a power outage from Hurricane Sandy.  Today's Order requires this PWS notify its residents to boil the tap water before consumption, inform Town officials of the emergency, conduct bacteria monitoring, and have equipment in place to conduct emergency disinfection of the water system as needed.  Follow-up bacteria testing found E. coli to be present in the treated water from the pump station, and total coliform present within the distribution system.

10/28/12: MassDEP issued a total of 66 Notices of Noncompliance to certain Non-Filing Dental Facilities.  MassDEP issued notices of noncompliance (NONs) to 66 dental practices and facilities across Massachusetts for failing to certify by 7/29/12 that they have installed and are currently operating approved amalgam separators to keep mercury out of the wastewater they discharge. They were among a group of 309 facilities whose Environmental Results Program (ERP) certifications were due on that date, but did not respond to letters mailed on 7/17/12, or again, after post cards sent on 10/1/12 reminding them of their obligation to certify and pay the $400 compliance fee. The dental facilities and practices receiving the notices of noncompliance now have 30 days to return to compliance, after which they will face the possibility of higher-level enforcement, including financial penalties. More information: http://www.mass.gov/dep/service/dentists.htm

10/24/12: MassDEP entered into a Consent Order with Sherburn Realty LLC for Waste Site Cleanup violations at 36-46 Langley Road and 215 Summer Street in Newton.  The Order was signed by Joan Kolligian, as manager of the Sherburn Realty LLC.  Specifically, the violations were for failure to meet deadlines set out in a Notice of Noncompliance issued on 11/23/10.  Today's Order requires an immediate response action status report by no later than 11/1/12 and every six (6) months thereafter until an IRA completion statement is filed; a phase two report and a phase three report, if applicable, by 3/11/13; and, a phase four report by 6/7/13 and a response action outcome statement by 4/8/15.  Today's Order contains a stipulated penalty provision for any missed deadlines.

10/24/12: MassDEP entered into a Consent Order with Self-Help, Inc., for Waste Site Cleanup violations in Brockton. Self-Help, Inc. failed to conduct the required assessment of the extent of contamination and complete any necessary cleanup of the site. Today's Order establishes deadlines for the completion of these response actions.

10/22/12: MassDEP entered into a Consent Order with Knox Trail Inn, LLC, regarding Water Supply violations at this public water system in Otis.  Today's Order addresses repeated exceedance of the MCL for total coliform bacteria and includes the requirement to install disinfection.

10/22/12: MassDEP entered into a Consent Order with Mendon Village, LLC for Water Supply violations at this public water system (PWS) in Mendon. Today's Order provides an enforceable schedule for development of an approved transient, non-community (TNC) PWS on its property located at 2-12 Maple Street and 23 Main Street in Mendon.  Today's Order requires the owners to operate the on-site well in accordance with the requirements for a TNC, including: hiring a certified operator; carrying out a monitoring program and metering water usage; developing a coliform sampling plan and completing cross-connection requirements; providing specifications for the well construction and implementing system upgrades; finally, developing an Emergency Response Plan, and recording the Public Water Supply in the Registry of Deeds.  Through 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 continue to receive water that is safe and fit to drink.  

10/17/12: MassDEP issued a Declaration of Water Emergency to Harvard Forest for its facility in Petersham.  The water system at this facility as operated by Harvard College was issued the Declaration to permit the use of bulk water to ensure an adequate supply to its users following a failure of the facility's well pump and its need to replenish storage tanks.

10/16/12: MassDEP entered into a Consent Order with Palmer. Palmer Water District #1 was cited because of the District's repeated failure to submit annual statistical reports as required in accordance with the Drinking Water regulations.

10/16/12: MassDEP was notified that Massachusetts court Judge Fahey has entered the Final Judgment regarding Site Improvements at 51 Old Ferry Road in Methuen, (a/k/a, the "Battye Site"). The entity known as Site Improvements is a demolition contractor, which unlawfully disposed, or contracted for disposal, construction and demolition debris or other solid waste at 51 Old Ferry Road in Methuen, the "Battye Site". The Battye Site had not received any solid waste management facility permit from the MassDEP or a solid waste facility site assignment from the Methuen Board of Health.  Site Improvements will pay a Penalty of $30,000 which will be placed into the 51 Old Ferry Road Expendable Trust.  This contribution to the 51 Old Ferry Road Expendable Trust will fund the site assessment work that will help estimate total closure costs for the Battye Site. Site Improvement is one of 11 haulers who delivered waste material to the Battye Site, in violation of the state's Solid Waste Regulations. Negotiations are continuing with the remaining haulers.

10/15/12: MassDEP entered into a Consent Order with a $23,250 Penalty involving Styrolution America, LLC for Air Quality violations in Springfield. The company violated the terms and conditions of its air permit approval.  The company did not monitor its hourly feed rate of purge styrene monomer, and exceeded the maximum allowable styrene monomer feed rate combusted in its process heating boiler.  Styrolution also failed to sample and analyze the styrene monomer in its largest tank, and report the results on a quarterly basis.  In addition to paying the full Penalty, Styrolution - which fully cooperated with MassDEP - has also agreed to correct the violations and submit a new limited plan application.

10/15/12: MassDEP issued a Unilateral Order to Lewicki & Sons, Inc. for Solid Waste violations in Wrentham. Lewicki & Sons, Excavating, Inc will cease acceptance of all solid waste materials at a property it owns in Wrentham and cease the following violations. MassDEP found, in response to a notification of a fire by the Wrentham Fire Department, while inspecting the site that wood waste material had been disposed at the site and that it was smoldering with wood smoke being emitted into the air. MassDEP further observed a dump-truck load of yard waste being delivered to the site. MassDEP's records indicate that the site is not registered with MassDEP as a yard-waste composting operation or as a wood-chipping and shredding operation nor permitted as a wood-waste landfill.

10/15/12:  MassDEP entered into a Consent Order with the town of Bellingham for Drinking Water violations. MassDEP found Bellingham failed to maintain compliance with the requirements of the Ground Water Rule (GWR) portion of the Drinking Water Regulations.  The Town informed MassDEP of a verified fecal indicator-positive result in a sample taken at its Cliff Road Well that triggered certain requirements under the GWR.  This fecal result should have triggered the town to take corrective action and issued Public Notice.  Under today's Order the town is required to adopt an interim monitoring program, and establish an enforceable schedule to permit and construct a treatment facility for the Cliff Road Well.  Through today's Order, the town will remain in compliance with the Drinking Water Regulations while bringing the Cliff Road Well into compliance with the GWR, and continue to provide water that is safe and fit to drink to a population of 15,366.  

10/12/12:  MassDEP issued a Declaration of Water Emergency to Eagle Hill School Foundation, Inc. located in Hardwick. MassDEP issued the Declaration to ensure an adequate supply to its users following a failure of the school's well pump and its need to replenish storage tanks.

10/12/12: MassDEP entered into a Consent Order with a $17,050 Penalty involving Boston Green Realty, LLC, for Asbestos violations at 6 Rawson Road in Arlington.  MassDEP responded to a complaint from the town of Arlington of improper asbestos removal at 6 Rawson Road, in Arlington. Boston Green manages the site for the owner. During the complaint response, MassDEP inspected the basement at the site and observed open, dry, friable, bags of asbestos containing pipe insulation which had been improperly removed. Boston Green hired an unlicensed party to remove the asbestos containing material. MassDEP has determined that a notification was not filed prior to the asbestos removal as required.  As a result of the violations observed by MassDEP, Boston Green will pay $12,000 with the remaining $5,050 suspended pending compliance over the next two years.

10/11/12: MassDEP entered into a Consent Order with a $4,000 Penalty involving Wayne and Jennifer Wilkinson due to Wetlands violations in Great Barrington. MassDEP entered into today's Order in connection with the unauthorized clearing and removal of vegetation at the Wilkinson's home, within a Bordering Vegetated Wetland (BVW) in violation of the Massachusetts Wetlands Protection Act. MassDEP's wetlands change initiative showed that approximately 7,000 square feet of BVW had been impacted between 2004 and 2011. A site inspection conducted on 9/12/11 confirmed the impact to the BVW at the site. The BVW had been cleared and impacted as a result of construction of a stable and paddock at the rear of this site by Wilkinson. The Order issued to Wilkinson requires submission of a restoration plan followed by full implementation of the plan by 11/30/12.   The Order also requires payment of a civil administrative penalty of $4,000, of which $3,000 will be suspended contingent upon full compliance with the Order.

10/10/12: MassDEP entered into a Consent Order with Donnybrook, Inc. for Water Supply violations in Lanesborough. Donnybrook, Inc. has agreed to address two consecutive months with an exceedance of the maximum contaminant level for total coliform.  Today's Order includes response requirements for future exceedances, including disinfection.  Donnybrook has already taken corrective action to address the recent problem.

10/3/12: MassDEP entered into a Consent Order with a $10,222 Penalty involving Cahills Tire Center, Inc. for Industrial Wastewater and Hazardous Waste Management violations in Oxford. Responding to a complaint, MassDEP determined that the company had discharged industrial wastewater to a floor drain leading to the ground. Also, the company failed to have a leak detection system and cathodic protection for its underground storage tank (UST) and failed to comply with several Hazardous Waste Management requirements.  Today's Order requires proper closure of the floor drain and removal of the UST within sixty (60) days.  The Penalty was assessed in consideration of the company's Small Business status and its willingness to hasten the removal of the UST.  The company will pay $2,000 with the balance suspended provided that there no additional violations for one year.  Today's Order will ensure compliance with applicable regulations, and will help eliminate a threat of release from a UST.

10/3/12: MassDEP executed a Consent Order with a $10,062.50 Penalty involving South Middlesex Non-Profit Housing Corporation for Waste Site Cleanup violations in Marlborough. MassDEP found the company committed violations following a release of an unknown volume of #2 fuel oil that occurred from an out-of-service 275-gallon above-ground storage tank (AST) located in the basement of a shelter operated by SMNPHC at 57 Mechanic Street in Marlborough.  The fuel oil release leaked from the bottom of the AST onto the soil basement floor of the site. The Corporation's employees acknowledged a release as early as 2/15/12, a fact confirmed by, the cleanup contractor, Commonwealth Tank on 2/21/12.  The Corporation's retained the services of a licensed site professional, who properly notified MassDEP on 2/23/12 of the sudden release of greater than 10 gallons of fuel oil.  Today's Order requires a full review and revision of the Corporation's current spill management plan, that will certify that it has trained appropriate employees of the requirements of the spill management plan.  Further, the Corporation will also certify in writing that it has inspected its other owned/operated locations for the presence of out-of-service fuel ASTs or Underground Storage Tanks and detail the steps it intends to take in regards to such tanks. The Corporation has agreed to pay $5,600 of the Penalty, with an additional $4,462.50 suspended provided it has no additional violations for a one year period.  

10/2/12: MassDEP entered into a Consent Order with a $5,484 Penalty involving Cooley-Dickenson Hospital for Solid Waste violations in Northampton. MassDEP determined that the Hospital made improper shipment of regulated medical waste to a local solid waste management facility.  As part of the settlement, the Hospital will pay a penalty of $5,484 and complete a Supplemental Environmental Project (SEP) valued at $21,936.  Under this SEP, the Hospital will provide the supplies and materials for Hampshire County communities to have access to residential drop-off locations for household generated regulated medical wastes.

10/2/12: MassDEP issued a $287 Penalty Assessment Notice to Celso Enterprises, Inc. in Hadley for illegal discharges of wastewater to the ground.  On 7/22/12, MassDEP's emergency response personnel received a complaint from the Hadley Police Department. The Hadley Police Department reported witnessing Celso discharging rug and carpet cleaning wastewater onto the ground at a property located at Mill Valley Road in Hadley. MassDEP inspected the site and was informed by Celso Correia, the manager/operator of Celso, that he had discharged the wastewater onto the ground because it was too late in the day to take the wastewater to the Amherst Wastewater Treatment Facility.

10/2/12: MassDEP issued a Demand for a $4,000 Stipulated Penalty to Western Bronze, Inc. in West Springfield. The Demand Letter was issued due to the company's continued failure to comply with the terms and conditions of a Consent Order executed with MassDEP on 10/3/11. Under that Order, the company was required to remove a foundry sand pile from its facility and to prevent discharges of pollutants (storm water runoff) to the storm water system.  On 8/15/12 and 9/5/12, MassDEP personnel observed that Western Bronze had not disposed of the spent silica foundry sand as required under the Order, and is continuing to be in violation of state regulations.  As a result, storm-water-generated pollutants leaching from the foundry-sand pile continue to be discharged to the surface waters of the Commonwealth. Western Bronze has not taken adequate measure(s) to prevent such discharges.

10/2/12: MassDEP entered into a Consent Order with MODAK, LLC in East Longmeadow for Waste Site Cleanup violations.  MODAK has failed to comply with Massachusetts oil and hazardous material cleanup regulations.  Specifically, MODAK did not meet submittal requirements for assessment of site contamination and selection of a remedial action plan to address contamination.  Today's Order establishes deadlines for completing all necessary response actions up to and including the  submittal of a final response action outcome statement that will document the site is in compliance.

10/2/12: MassDEP entered into a Consent Order with a $5,172 Penalty involving Bay Plum, LLC [d/b/a Mill Pond Park] for Water Supply violations in Great Barrington. Mill Pond Park is a community public water supplier and in that capacity, failed to notify MassDEP or the local Board of Health of an emergency condition.  The Park also failed to implement the Emergency Response Plan for a public water supplier and is in noncompliance with the required redundant sources and/or storage for community water suppliers that are dependent on groundwater sources.  Today's Order includes a schedule of actions to improve emergency response, notification and adequate sources and/or storage. The Park will also pay $1,500 of the Penalty with the remaining $3,672 suspended pending compliance with the provisions of today's Order.

10/2/12: MassDEP issued a Unilateral Order to Lexington Circle Development, Inc. for Wetlands violations in Southwick. The violations occurred when the company allowed for the construction of a stormwater management system, including detention basin and outfall pipe/dissipater that resulted in impacts to downgradient areas that are subject to Protection under the Massachusetts Wetlands Protection Act.   As a result of slope instability and erosion occurring at the stormwater outfall pipe, there is significant soil erosion. That material has been deposited into 3,000 square feet of riverfront area adjacent to Great Brook.  MassDEP was requested to investigate by the town. Attempts to negotiate a consent agreement to resolve the violation were made.  Today's Order requires the company to retain the services of a registered professional engineer and environmental consultant to inspect the site. Following a review of the original restoration plan and or a revision of that plan, the company will move forward with implementation of the proper restoration at the site, one that is reflective of present conditions. Restoration at the site is required by the Order to be implemented by 6/30/13.  Lexington Circle Development Inc. has also been issued a $12,000 Penalty Assessment Notice.

September 2012

9/28/12: MassDEP entered into a Consent Order with a $23,000 Penalty involving Paige Road Trust No. 1 for Wetlands violations at 542 Greenwich Road in Hardwick.  Erik L. Fleming and Torrance Watkins are listed as trustees in connection with site development work that was undertaken to support an existing horse farm. The work was undertaken without applying for and receiving permits under the Massachusetts Wetlands Protection Act and the Massachusetts Clean Waters Act. In response to a complaint received from the town of Hardwick's Conservation Commission, MassDEP conducted a site inspection on 1/23/12. During the inspection, MassDEP observed that over 1/2 acre of 'riverfront area' had been altered by cutting and clearing vegetation. In addition, potential impacts were noted on other resource areas within the riverfront area.  Under today's Order, the Trust is required to retain the services of a wetland's scientist to conduct additional field work and prepare a site plan detailing all of the 'areas subject to protection at the site and those areas impacted by site work.'  Once this plan is reviewed and approved, the Trust is required to submit a resource area restoration plan by 12/14/12 followed by implementation in the spring of 2013.  Today's Order also requires the Trust to pay a civil administrative penalty of $13,000 of the Penalty with the remaining $10,000 suspended contingent upon the Trust complying with today's Order.

9/28/12:  MassDEP issued a Unilateral Order to the town of Ashfield for the reconstruction of a culvert on Pleasant Street over the North Branch of the Swift River. The town did not apply for, and did not receive, the requisite permits under the Massachusetts Wetlands Protection Act and the Massachusetts Clean Waters Act.  In response to a complaint, MassDEP conducted an inspection of the site and observed that the town of Ashfield Department of Public Works had on 8/20/12 re-constructed a new corrugated metal culvert in the river that resulted in a "perched" culvert.  The North Branch of the Swift River is a 'cold-water fishery', and a presumptive 'river' under the Act. Unauthorized construction resulted in the alteration of less than 100 feet of bank and land under water and water bodies for the river.  The Order requires the town of Ashfield to either submit an interim plan sufficient to ensure that the culvert passes low-flow water elevation and is not perched above the low-flow elevation of the river and or submit a plan that demonstrates how the culvert complies with the requirements of the Massachusetts river and stream crossing standards. The Order requires the plan to be submitted within 15 business days.

9/26/12: MassDEP entered into a Consent Order with a $1,000 Penalty for Waste Site Cleanup violations involving the Estate of Rita M. Christiansen regarding the former Christiansen's Gulf in Charlton. The Estate failed to meet response action deadlines at this facility located in Charlton.  The Estate failed to submit the required phase two comprehensive site assessment, the phase three remedial action plan, and phase four remedy implementation plan.  Citing financial constraints, the Estate had submitted three notices of delay in compliance between February 2009 and January 2011.   Subsequently, MassDEP issued a notice of noncompliance with deadlines for the required reports.  The Estate failed to meet those deadlines.  In August 2012, the Estate submitted a release abatement measure that would perform in-situ remedial additive injections.  To resolve the outstanding submittal deadlines, MassDEP negotiated a Consent Order with the Estate that will expedite the resumption of remedial actions. Today's Order approves the RAM plan, establishes a new permit effective date, establishes submittal deadlines, and assesses the $1,000 Penalty.

9/24/12: MassDEP entered into a Consent Order with Village Greene Condominium Association in Belchertown. MassDEP concluded today's Order with Village Greene Condominium Assn concerning repeated exceedances of the maximum contaminant level for total coliform bacteria in the drinking water.  Today's Order includes response actions including the addition of disinfection should additional violations of the total coliform rule occur within one year.

9/24/12: MassDEP entered into a Consent Order with the town of Granby for repeated exceedances of the maximum contaminant level in the water supply. MassDEP concluded today's Order with the town of Granby concerning repeated exceedances for total coliform bacteria in its drinking water.  Today's Order includes short term response actions, including the use of alternate water and hand sanitizers until the building is vacated and demolished.

9/24/12: MassDEP issued a Unilateral Order and Penalty Notification Assessment by hand delivery to P&S Realty Trust, the current owner of a former Amoco gas station located at 870 Broadway in Revere.  P&S failed to submit the required immediate response action and phase (cleanup status) reports.  P&S is the owner of the site since 6/7/07 has failed to fully comply with the terms of a notice of responsibility, including interim deadlines and a Consent Order.  Previously, a notice of enforcement conference and other documents issued in 2011 went unclaimed.

9/21/12: MassDEP issued a Notice of Intent to Assess a $44,925 Penalty to Richard T. Moore for Waste Site Cleanup violations at the Leominster Citgo in Leominster.  Moore failed to conduct the required immediate response action plan, and failed to submit status reports on this action.  In addition, failure to submit the phase two comprehensive site assessment, the phase three remedial action plan, the phase four remedy implementation plan, and the final response action outcome statement.  In lieu of these, Moore did not submit any notice of delay in compliance.  MassDEP had previously issued notices of noncompliance in 1998 and 2006, and a penalty assessment notice in 1998 for also failing to make requisite submittals.  Following an enforcement conference in June 2011, Moore failed to correct the violations and negotiate a Consent Order with MassDEP.  Today's Penalty and Order requires submittal of the IRA status or completion reports, and the phased cleanup reports within one year of today's date.

9/19/12: MassDEP issued a Unilateral Order to Wales Brookside Village, LLC to address a water supply emergency at this facility in Wales. The local Board of Health notified MassDEP for the public water system's customers. Under today's Order, the facility is required to provide for the delivery of bottled water during the course of this emergency.

9/18/12: MassDEP entered into a Consent Order with The Olde Farm Golf Club d/b/a the Ranch Golf Club for water supply violations at its facility in Southwick. The Club had repeated exceedances of the maximum contaminant level for total coliform bacteria in its drinking water.  Today's Order includes response actions; including the need for addition of disinfection should additional violations of the 'total coliform rule' occur within one year.

9/17/12: MassDEP issued a Demand Letter for a $9,200 Penalty to Compass Restoration Services, LLC in Belchertown. Compass Restoration Services, Inc entered into a Consent Order with MassDEP on 12/17/09 for Asbestos violations.  Under that Order, Compass had agreed to pay a $16,000.00 Penalty for Asbestos violations in Easthampton.  MassDEP agreed to suspend $9,200 of that Penalty provided Compass remained in compliance with MassDEP's Asbestos regulations for a period of two years.  During inspections conducted on 7/14/11 and 7/21/11, MassDEP determined that Compass had, among other violations of the asbestos handling regulations, caused a release of asbestos to the environment at the Jabish Middle School located in Belchertown.  MassDEP has now issued a notice demanding that Compass pay the $9,200 suspended Penalty for the violations at the school.

9/14/12:  MassDEP issued a Unilateral Order to Shaker Heights Association in Hancock to address an emergency due to extremely high levels of total coliform within this community public water system.  The bacteria count posed an unacceptable risk to public health.  Today's Order requires the water system to notify its customers to boil their water (and allow to cool) before using it for human consumption until further notice.  Today's Order also requires proper notification be made to local officials, along with implementation of the emergency response plan. The water system must also conduct total coliform monitoring, perform cleaning and disinfection and inspection of the storage tank, and submit all required reports associated with this effort.

9/14/12: MassDEP issued a Unilateral Order to Wales Brookside Village, LLC for Water Supply violations in Wales. Wales Brookside Village must address an emergency due to a loss of water supply within its community public water system.  Today's Order allows Wales Brookside Village to provide alternate water during the course of this emergency and directs this public water system to take appropriate steps to abate the emergency.

9/14/12: MassDEP executed a Consent Order with a $28,372.50 Penalty involving DARN Properties, LLC for Asbestos violations in Milford.  The company was cited for numerous Asbestos regulations. The violations were found during an inspection of renovation work the company was conducting in September 2011 at a multi-family rental property it owns in Milford.  MassDEP inspectors observed pieces of dry, asbestos-containing floor tiles which were uncontained in an open top roll off container located in the facility's parking area, and exposed to the ambient (surrounding) air. Under the terms of today's Order, the company will pay $8,500 of the Penalty, with the balance suspended provided that the company has no further violations for one year.

9/14/12:  MassDEP executed a Consent Order with a $6,357 Penalty involving Penniman, Parsons and Garcia for Waste Site Cleanup violations in Lunenburg. Penniman, Parsons and Garcia are the current owners and heirs of a property located in Lunenburg which was formerly used as a dumping site for septage contaminated with chlorinated volatile organic compounds (CVOCs) by Penniman Sewer.  As a result of the release of CVOCs, private wells within the site vicinity had been impacted.  During an audit of Waste Site Cleanup reports, MassDEP found that private wells and point-of-entry treatment systems had not been monitored since 2007.  Sampling of the treatment system by MassDEP during the audit, confirmed the detection of CVOCs in the system influent.  In addition, the audit found that a new detection of TCE in one well had not been reported, and an immediate response action was not performed.  Following an enforcement conference, the current owners sampled several private wells, refurbished the treatment system, and submitted a long-term monitoring plan.  Under today's Order, the Penalty will be suspended based upon a demonstration of financial hardship, and contingent upon the implementation of the monitoring plan and the submittal of the remedial monitoring reports, and submittal of a final response action outcome statement within two years.

9/14/12: MassDEP entered into a Consent Order with a $700 Penalty involving TangenX Technology Corporation for Industrial Wastewater violations in Shrewsbury. During a follow-up inspection to a small chemical release, it was determined that the company operated an industrial wastewater pretreatment system without having an operator with a valid certificate of competency issued by the Board of Certification of Operators of Wastewater Treatment Facilities.  The Penalty amount was assessed under the small business policy.  Today's Order will help ensure compliance with applicable regulations, and will help lessen the threat of future chemical releases.  

9/14/12: MassDEP executed a Consent Order with a $19,937 Penalty involving Thirty-Six Ayer Road Realty Trust, and Scott Evans, d/b/a Hillside Garage for Waste Site Cleanup violations in Harvard.  Following notification in 2008 and 2009 of two separate, historic releases of gasoline and oil at the site, the Trust initiated an immediate response action to excavate contaminated soil.  In September 2009, MassDEP issued a notice of noncompliance (NON) for failing to conduct the tier classification (determining the extent of contamination).  The Trust did not respond to MassDEP's NON. During an audit conducted in July 2011, MassDEP found that soil was excavated and remained stockpiled on-site.  The $19,937 Penalty was issued for failing to tier classify the extent of the contamination, conduct immediate response actions, and submit status reports, and dispose of remediation waste.  The Trust will pay $1,000 of the Penalty, with the balance suspended based upon application of the small business mitigation policy, and contingent upon conducting the response actions.

9/14/12: , The Village at Highland Park Trust, Hopkinton (CERO): MassDEP issued a Unilateral Boil Water Order to The Village at Highland Park, a community public water system (PWS), after being notified that total coliform and e coli bacteria had been detected in samples collected at this facility in Hopkinton. MassDEP directed the certified water operator to immediately provide notification - to all users - to boil their water before using it for drinking and culinary purposes. Further, the Trust will implement their emergency response plan, notify the local Board of Health and other Town officials of the condition, conduct additional sampling, and provide disinfection of the water system.  These requirements were included in the written Boil Order issued to the Trust today. The Boil Water Order, with its required testing, was issued to assure the safety of the water, which is supplied to a population of approximately 50 persons.  

9/13/12: MassDEP issued a Boil Water Order to the Village at Highland Park, a community public water system located in Hopkinton that serves a population of approximately 50.  The public water system has been directed to implement their Emergency Response Plan, including: delivering a public notice to all residents, conducting additional monitoring, and provide for the disinfection of the water system.
9/11/12:  MassDEP Commissioner Kenneth Kimmell issued a Final Decision involving Kalami Fuels, Inc. of Dudley in a case involving Waste Site Cleanup violations. Kalami Fuels appealed on 11/21/11 a MassDEP Notice of Intent to Assess a $35,500 Penalty.  The Penalty was issued to Kalami's failure to notify MassDEP following a fuel oil release, and further, Kalami did not to take immediate action to clean-up a fuel spill at a residential property.  The Final Decision adopts a recommended final decision, in which the Chief Presiding Officer determined that Kalami Fuels had failed to substantiate its claims in this appeal, despite having been provided numerous opportunities to do so, and recommended that the Commissioner affirm the original Penalty.  Unless Kalami Fuels, Inc. exercises it rights to either file a motion for reconsideration or file an appeal to Superior Court, it must pay the $35,500 Penalty within 30 days.

9/8/12: MassDEP issued an Order to West End Creamery, Inc. in Northbridge directing this, a seasonal transient non-community public water system, to post a Ground Water Rule Tier 1 Public Notice at its facility for its customers. The facility was notified by the certified water operator of an E. coli positive test result for a sample collected from its well.  The system provides disinfection of the water supply using chlorine.   The operator was also directed to implement their Emergency Response Plan, collect repeat bacteria tests, submit Emergency (After Action Report), investigate potential sources of contamination and take appropriate corrective actions.  

9/7/12: MassDEP concluded a Consent Order with Baker's Country Store for Water Supply violations in Conway. MassDEP concluded today's Order with Helen Baker d/b/a Baker's Country Store, a public water system, concerning repeated exceedances of the maximum contaminant Level for total coliform bacteria in the drinking water.  Today's Order includes required response actions, including the addition of disinfection should additional violations of the total coliform rule occur within one year.

9/5/12: MassDEP concluded a Consent Order with a $3,730 Penalty involving Pura Vida H2O/Bluedrop Water, Inc. for Water Supply violations at this facility in Springfield. Pura Vida H2O, Inc. had repeated failures to monitor for coliform bacteria as required by permit and regulation.  Today's Order requires standard operating procedures and to conduct monitoring as required by permit and regulation.  In addition, this public water system may also be removed from service and inactivated or declassified. MassDEP agreed that the company will pay $1,160 and $2,570 will be suspended pending compliance with the conditions of the Order.

9/5/12: MassDEP entered into a Consent Order with a $10,000 Penalty involving Oldcastle Lawn and Garden, Inc.  due to Air Quality violations in Lee.  The violations occurred at the company's limestone quarry and lime pellet manufacturing plant located in Lee.  During a routine inspection of the facility, MassDEP observed several violations of the Massachusetts Air Pollution Control regulations, including failure to install a stage two vapor recovery system for its gasoline dispenser.  Oldcastle, which has fully cooperated with MassDEP, has now installed the required vapor recovery equipment for its gasoline dispenser and implemented other corrective actions.  MassDEP agreed to suspend $4,000 of the Penalty provided the company complies with the complete terms of today's Order.

9/5/12: MassDEP executed a Consent Order with Associated Building Wreckers (ABW) Inc. and Baystate Contracting Services, (BCS)  Inc., for Asbestos violations in Greenfield, Chicopee and Lee.  The violations were discovered during MassDEP's inspections of demolition and asbestos handling work being conducted at locations in Greenfield, Chicopee and Lee.  MassDEP determined that ABW had failed to employ dust mitigation measures and failed to have asbestos-containing floor tiles entirely removed prior to demolishing a building.  BCS had failed to institute proper asbestos handling and disposal procedures while preparing two properties for demolition.  In today's Order, the companies agreed to perform a Supplemental Environmental Project (SEP).   Under this SEP. the company's agreed to properly abate asbestos-containing materials from a building, and thereafter safely demolishing that structure for the city of Springfield.  If ABW and BCS fail to perform and complete the SEP in accordance with today's Order, the companies will be subject to stipulated penalties of up to $36,795 and suspended penalties totaling $12,265.

9/5/12: MassDEP and the office of Massachusetts Attorney General Martha Coakley announced it had obtained a court judgment in a case seeking license suspension involving the Massachusetts Vehicle Check Program. The owner of a Haverhill motor vehicle inspection station Rafael Duluc is stripped of his inspector's license for one year. Rafael Duluc of Winter Street Auto had been charged with "clean scanning" at least 47 vehicles with emissions control problems.  Clean scanning involves issuing stickers based on emissions tests performed on another vehicle.  Coakley's office brought the action on behalf of MassDEP and the Registry of Motor Vehicles, which jointly administer the Massachusetts Vehicle Check emissions test and safety inspection program.

August 2012

8/30/12: MassDEP issued a Unilateral Order to Standard Plating, Inc, for numerous environmental violations in West Springfield.  Standard Plating is the former operator of a plating facility located at 946 Main Street in West Springfield. MassDEP inspected the property on the morning of 8/30/12, and determined that the building was unsecured, open to trespassing, and that Standard Plating had ceased operations at the location.  Numerous containers of oil and hazardous materials were present within the facility, including plating sludges in vats at the property.  Friable asbestos was present on floors within the building and at the rear of the facility.  MassDEP staff ensured that local officials, including the West Springfield building inspector and fire department were aware of conditions at the site.  Today's Order requires that Standard Plating immediately secure the building, restore fire protection and monitoring to the building, retain licensed asbestos and hazardous waste contractors to address the releases and threats of release of oil, hazardous materials and hazardous waste at the site, and remove all materials from the site within seven (7) days.  Today's Order also requires Standard Plating to retain an asbestos inspector to survey the building and inventory asbestos containing materials, and retain a Licensed Site Professional to assess the site for releases of oil, hazardous materials and hazardous waste to the environment.  MassDEP staff will continue to closely monitor the property to verify that Standard Plating complies with today's Order.

8/30/12: MassDEP was notified by Suffolk County Superior Court allowed the Commonwealth and the town of Falmouth's joint motion for a final judgment approving the Settlement Agreement.  This Drinking Water enforcement case resulted from a June 2010 incident in which the chlorine disinfectant residual level in the distribution system dropped below 0.2 mg/l and the town failed to notify MassDEP or the town's consumers for seven (7) days after the first positive total coliform bacteria and E. coli lab samples were received.  The Settlement Agreement requires the town to pay a $60,000 Penalty and perform a $45,000 Supplemental Environmental Project (SEP). This SEP will consist of contracting with an environmental engineering consultant in order to develop and implement a Water Systems Operations Plan that will enhance the town's understanding of disinfectant levels and effectiveness throughout its drinking water distribution system.  Further, this SEP will improve the town's ability to respond to future problems.  The town also agreed to purchase another portable electronic notification board (~$15,000) in order to more effectively notify residents and visitors entering the town of any future 'Boil-Water Orders' or other public emergencies, and to contract with an engineering consultant (~$4,000) to conduct training for its drinking water operators to review all elements of the town's emergency response plan.  

8/30/12: MassDEP entered into a Consent Order with a $3,022.50 Penalty involving Laddawn, Inc. for Hazardous Waste Management and Wastewater violations in Sterling. The company discharged very low strength industrial waste water to its on-site septic system, violations that failed to comply with numerous Hazardous Waste Management requirements.  Today's Order requires compliance with applicable regulations, and payment of the Penalty.  Under today's Order the company will pay an additional $3,030 on a Supplemental Environmental Project (SEP) through which the company will purchase a mobile data terminal for the town of Sterling's Fire Department. The terminal will be installed in the Fire Department's Rescue Truck 1.  Today's Order will help ensure compliance with applicable regulations.  

8/28/12: MassDEP entered into a Consent Order with a $37,625 Penalty involving Colleen Cappucci for Asbestos violations in Clinton.  MassDEP determined that Cappucci committed violations of the Asbestos regulations at a rental property she owns in Clinton.  Under the terms of the settlement, the assessed penalty of $37,625 was fully suspended after the existence of financial hardship conditions was demonstrated and provided that there are no further violations for one year.

8/27/12: MassDEP executed a Consent Order with GP-Milford Realty Trust, for Waste Site Cleanup violations in Milford. GP-Milford Realty Trust owns property located at 91 Medway Road in Milford.  The Trust requested an extension of response action deadlines to provide a phase four (remedy implementation) plan and a final response action outcome (closure) statement as was established in MassDEP's notice of noncompliance following an audit of cleanup activities at this address.  Today's Order establishes deadlines for submittal of the phase four and final closure reports. Today's Order also contains a stipulated penalty provision should those deadlines not be achieved.  

8/27/12: MassDEP executed a Consent Order with Massachusetts Department of Corrections in Norfolk/Walpole. The DOC has entered into an Order that calls for addressing violations of the Drinking Water Regulations that occurred at its Norfolk/Cedar Junction facility that serves as a community public water system. The water system serves four prisons, several support buildings totaling, 3,865 people.  Today's Order requires DOC to address/correct issues including: installation of cross connection devices, operation of meters and isolation valves, long-term capacity, evaluating treatment options, upgrading to a remote monitoring SCADA system, and storage tank maintenance.  All corrective actions are required to be completed by 11/1/15.

8/27/12: MassDEP entered into a Consent Order with Two-State Young Men's Christian Association, Inc. for Water Supply violations in Becket.  MassDEP found repeated exceedance of the maximum contaminant level for total coliform at its public water system for the YMCA Camp Becket.  Today's Order requires follow up actions including disinfection if another exceedance occurs within a year.

8/27/12: MassDEP entered into a Consent Order with a $6,000 Penalty involving Levi-Nielsen Company, Inc. for Wetlands violations in Belchertown. The Levi-Nielsen Company was found to be in connection with a failure to comply with the conditions of an Order of Conditions that had resulted in alterations beyond the approved limit of work.  Today's Order requires Levi-Nielsen to retain an environmental contractor, develop and implement restoration plan.  The company will pay $1,000 of the Penalty with $5,000 suspended.

8/22/12: MassDEP issued a Unilateral Order to ABC&D Recycling, Inc., for noncompliance with its Solid Waste operating permit at its facility in Ware.  MassDEP found that ABCD was in noncompliance for several of the terms of its authorization to operate permit including storage of wastes above the permitted limits and failure to submit monitoring reports.

8/21/12: MassDEP entered into a Consent Order with an $18,050 Penalty with S and L Management Corporation for Asbestos violations at 300-350 Martin Luther King Boulevard in Boston. S and L is sole trustee of the Washington Mall Associates Trust.  MassDEP responded to a complaint of improper asbestos removal at 300-350 Martin Luther King Boulevard in Boston. MassDEP observed during an inspection of the respondents work area at the site that asbestos-containing material had been improperly removed.  In addition, MassDEP observed during the inspection that the asbestos containing materials had been removed without prior notification or proper work practices, such as wetting the material, sealing the work area seal, and air cleaning. As a result of the violations observed by MassDEP the respondent will pay $10,000 with the remaining $8,050 suspended for approximately two and a half years pending compliance.

8/21/12: MassDEP executed a Consent Order with VA Health Care Systems for Waste Site Cleanup violations at the facility's campus in (West Roxbury) Boston.  VA Health Care Systems is the owner/operator of the property at 1400 VFW Parkway, West Roxbury.  Specifically, the violations were a failure to meet deadlines in a previous Notice of Noncompliance that MassDEP issued on 3/4/11. The deadline in that NON was extended in an Amended NON three times.  Today's Order contains the requested schedule for returning the site to compliance with the state waste site cleanup regulations and a stipulated penalty provision for any missed deadlines.

8/21/12: MassDEP issued a Unilateral Order to the town of Dudley and its Water Department for Water Supply violations. MassDEP issued a "Boil Water Order" to the town of Dudley after being notified on 8/17/12 by town officials that E. coli bacteria had been detected in two repeat samples collected in the distribution system on 8/16/12.  MassDEP verbally ordered the town on Friday, 8/17/12 to immediately place emergency disinfection systems on-line at all active well pump stations, chlorinate the storage tanks, notify the local board of health and other town officials of the condition. Also, to immediately provide notification to all users to boil their water before using it for drinking and culinary purposes, and conduct additional sampling.  Those requirements were included in the written Order issued to the town on 8/21/12.  The boil water Order, with its required testing, was issued to assure the safety of the water, which is supplied to a population of approximately 7,600 persons.  The Order was terminated in writing on 8/22/12, following two rounds of sampling results that were absent for bacteria, and as a result of the corrective actions taken by the town.  All other provisions of the Order remain in full force and effect, including disinfection treatment of the water supply using chlorine until further notice.  

8/20/12: MassDEP executed a Consent Order with a $9,000 Penalty involving Spectrum Analytical, Inc. due to Hazardous Waste Management violations at its facility in Agawam. A MassDEP inspection, conducted on February 8, 2012, and a subsequent record review revealed that Spectrum conducted treatability studies on samples of hazardous wastes without obtaining written approval from MassDEP prior to conducting such treatability studies.  During the inspection, hazardous waste housekeeping and labeling violations were also discovered.  Spectrum, which has fully cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. Under today's Order, Spectrum has agreed to pay $7,000 of the Penalty, with the additional $2,000 suspended pending the company's compliance with the terms of the agreement.

8/20/12: MassDEP entered into a Consent Order $9,525 Penalty involving Sutter's Jewelry, Inc. in Holyoke to address violations of the state asbestos regulations.  The violations were discovered during MassDEP's inspection of renovation work being conducted at a commercial building. During the inspection, MassDEP determined that Sutter's had removed asbestos-containing floor tiles and other asbestos-containing flooring materials without filing an asbestos notification, and without instituting the proper asbestos handling and disposal procedures.  Sutter's cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site.  Under today's Order, the company agreed to pay $1,800 of the Penalty, the balance of which will be suspended provided that Sutter's remains in compliance with the state asbestos regulations during a one-year probationary period.

8/20/12: MassDEP issued a Declaration of Water Emergency to Wales Brookside Village, LLC for Water Supply violations at this public water system in Wales. This community public water system in Wales was issued the Declaration following a pump failure and resulting lack of water.  The Declaration provides the water system the approval to in turn provide alternate sources of water (bulk or bottled) to its users.

8/16/12: MassDEP issued a Demand for $5,000 in Stipulated Penalties to the Hampton Housing Associates Limited Partnership in Northampton.  MassDEP issued today's Demand due to the Hampton Housing Associates Limited Partnership's failure to comply with a previously-signed Consent Order between them and MassDEP and was executed on 8/25/06.  Hampton Housing, however, failed to comply with the deadline for submitting the agreed upon phase four, Remedy Implementation Plan.  

8/16/12: MassDEP entered into a Consent Order with a $6,610 Penalty involving Stahl-PC Diols for Air Quality violations at 13 Corwin Street in Peabody.  MassDEP found that Stahl-PC Diols violated regulations by exceeding their 9.5 tons per rolling calendar period volatile organic compounds cap, and its hazardous air pollutant emissions caps at the Peabody facility. The facility also failed to report those exceedances in a timely manner.  Today's Order allows them to operate with interim emissions caps, provided that they update their Air Quality Comprehensive Plan Application, which they recently submitted. These updates will provide technical data concerning existing and future air pollution control systems which will allow the facility to operate in compliance with the regulations.  

8/15/12: MassDEP executed a Consent Order with a $2,000 Penalty involving Wayne's Drains for environmental violations in Burlington. MassDEP's Environmental Strike Force determined violations relating to illegal discharge of industrial wastewater to a storm drain that discharges to Saw Mill Brook, a headwaters stream of the Ipswich River in Burlington.  In addition, the company was found to have conducted illegal storage and handling of solid waste (primarily catch basin cleanings) without approval from MassDEP and various violations of the regulations pertaining to the operation and maintenance of underground storage tanks. In addition to the Penalty, the company must cease from discharging industrial waste water to storm drains, seek approval from MassDEP for storage and handling of solid waste at their facility in Burlington and must come into compliance with the underground storage tank regulations. During discussion, many of the underground storage tank issues were addressed.  This investigation was initiated based on a tip to the Strike Force Hotline and a compliance inspection by MassDEP.  Video surveillance and site inspections confirmed the illegal activities.  

8/14/12: MassDEP was notified that Superior Court issued a final judgment in which Pocasset Mobile Home Park owner Charles Austin was penalized $250,000 for Massachusetts Clean Water Act violations at Barlow's Landing Road in Bourne. The Superior Court issued a final judgment that requires Austin to transfer $2.7 million to the court appointed receiver to construct a wastewater treatment plant at the park.  Austin had received a permit to construct a treatment plant in 2007 but refused to fund the construction. The park has had failing septic systems and has been conducting short-term remedial actions that have been ordered by the court during these hearings.

8/10/12: MassDEP entered into a Consent Order with a $3,800 Penalty involving Manafort Brothers Construction for Wastewater violations in Amherst.  MassDEP executed an agreement with Manafort in connection with the unpermitted discharge of wastewater during a construction project at the University of Massachusetts following the failure of a pump and back up pump during bypass pumping.  The spill occurred in the area of the wastewater treatment plant and was quickly cleaned up.  Today's Order requires the company to pay $1,950 of the Penalty and the remaining $1,850 suspended pending compliance over the next two years.  In addition, today's Order requires Manafort to develop a bypass pumping standard operating procedures to avoid future discharges.

8/10/12: MassDEP executed a Consent Order with a $2,800 Penalty involving ThermoEnergy Corporation for Industrial Wastewater and Hazardous Waste Management violations in Worcester. The company operated its industrial wastewater treatment system without a certified wastewater treatment plant operator, failed to prepare an industrial wastewater pretreatment system (Operation and Maintenance) manual; failed to notify MassDEP in writing of the company's name change, and failed to post a sign at all areas where hazardous wastes are accumulated.  Today's Order requires compliance with applicable regulations and payment and will help ensure compliance with applicable regulations.

8/10/12: MassDEP issued a Boil Water Order to Becket General Store for Water Supply violations in Becket. The Store operates a public water system and was issued today's Order following a total coliform and an E.coli detection at its sampling points of this public water system.  

8/8/12: MassDEP issued Notice of Intent to Assess a $20,693 Penalty to, South Hadley Landfill, LLC for violations at its property in South Hadley.  MassDEP issued today's Notice following confirmed odor complaints which occurred between 6/15/12 and 7/27/12.  

8/6/12: MassDEP entered into a Consent Order with a $39,000 Penalty involving Solutia Inc. for Air Quality violations in Springfield.  Solutia notified MassDEP of Air Quality Title V Operating Permit deviations regarding an emission control device bypass that had lasted for 347 days which resulted in excess emissions to the ambient air.  This reported failure to conduct a visual inspection for pump leaks during the week of 12/18/2011 included the failure to calibrate the biofilter flow and pressure-drop indicators for the calendar month of December, 2011.   As part of today's consent agreement, Solutia, who fully cooperated with MassDEP, agreed to pay a $33,000 Penalty and to correct the violations.  The remaining $6,000 was suspended pending the company's compliance with the terms of the agreement.

8/6/12: MassDEP entered into a Consent Order with a $30,860 Penalty with Lysander Wright for Waste Site Cleanup violations at 18 Lander Street in Lynn. Wright is the owner of the property at 18 Lander Street, where specific violations found included failure to meet deadlines set out in a Notice of Noncompliance as issued by MassDEP on 4/21/11. Today's Order requires the submittal of an immediate response action status report or completion statement. Secondly, unless a downgradient property status submittal or final response action outcome (closure) statement is submitted earlier, then by no later than 2/15/13 the respondent must submit to MassDEP a phase one (assessment) report and a tier classification (ranking) submittal, defining the site. Today's Order contains $4,500 Penalty with $26,360 suspended and a stipulated penalty provision for any missed deadlines.

8/3/12: MassDEP executed a Consent Order with a $7,187 Penalty involving Field's Corner Plate Glass, Inc. for Waste Site Cleanup violations at 1390 Dorchester Avenue in (Dorchester) Boston. The company is the operator of the property where specific violations included the failure to report a release to MassDEP within two hours of knowledge that a release occurred as required.  Today's Order requires the company must prepare and post an Oil and Hazardous Material Release Reporting and Response Plan within this facility.  The company must pay $1,500 of the Penalty and the remaining $5,687 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.

8/1/12: MassDEP entered into a Consent Order with William Lipman for Waste Site Cleanup violations at 53 Summer Street in Revere.  Lipman is the owner and/or operator of the property at 53 Summer Street where violations involved the failure to meet deadlines as established in MassDEP's Notice of Noncompliance issued on 4/18/12.  Today's Order requires a phase three (remedial plan) report by 9/11/12, a phase four (remedy implementation plan) report by 3/11/13 and a final response action outcome statement by 12/11/13. Today's Order also contains a stipulated penalty provision for any missed deadlines.

8/1/12: MassDEP issued a Boil Water Order to Greenwood Music Camp, Inc. for Water Supply violations in Cummington.  The Camp serves as a public water supplier. Today's Order was issued following very high total coliform counts within the public water system and at its source.

8/1/12: MassDEP entered into a Consent Order with a $11,700 Penalty involving Stanley Lewicki for Wetlands violations in Wrentham.  Lewicki was penalized for the cutting of approximately 3,500 square feet of bordering vegetated wetland and failing to file prior 'Notice of Intent'  application, which would outline the proposed work and as specified in the state's Wetlands Protection Act, then obtaining a valid 'Order of Conditions.'  Lewicki will pay $9,000 of the Penalty, with $2,700 suspended contingent upon full restoration of the altered wetlands area with monitoring for completion of the work and for the presence of any invasive plants

July 2012

7/31/12: MassDEP entered into a Consent Order with a $17,250 Penalty involving Universal Wilde, Inc. for Air Quality violations at 48 Third Avenue in Somerville. The violations involved the installation and operation of two heatset printing presses at its facility prior to receipt of the required approval.  This violation resulted in the payment of a $17,250, which includes 'back' annual compliance fees, and the requirement that future actions comply with the regulations. Universal Wilde has cooperated by filing the appropriate plan application and it is currently under review by MassDEP.  

7/31/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving Iberdrola Energy Projects, Inc ("Iberdrola"), construction contractor for the Hoosac Wind Project for Wetlands violations in Florida and Monroe.  A compliance inspection report dated 5/8/12 (and submitted in accordance with permit requirements) identified events of noncompliance in the form of unauthorized discharges to resource areas on the site.  The violations were, in part, attributed to the failure of the contractor to properly monitor the site, control erosion and to start a pump that was part of the site controls, on the date of violation.  The Order requires that Iberdrola not allow additional sediment-laden stormwater discharges to resource areas and full re-evaluate stormwater construction best management practices at the site, including construction sequencing and construction schedules so as to avoid additional discharges

7/31/12: MassDEP entered into a Consent Order with a $1,500 Penalty involving George J. Summers Trucking, Inc. for Industrial Wastewater violations in Upton. During an Underground Storage Tank (UST) inspection, MassDEP determined the company had a floor drain leading to the ground.  Under the terms of today's Order, the company must properly close the floor drain, and remove the UST within ninety (90) days.  In consideration of the company's small-business status and its willingness to hasten the removal of the UST, the entire Penalty will be suspended provided the company has no additional violations within the next year.  Today's Order will ensure compliance with applicable regulations and eliminate any threat of release from the UST.

7/27/12: MassDEP entered into a Consent Order with a $7,184 Penalty involving New England Wind LLC for Wetlands violations in Florida and Monroe. New England Wind, LLC (NE Wind) is the permit holder for the Hoosac Wind Project. A compliance inspection report dated 5/8/12 (and submitted in accordance with permit requirements) identified events of noncompliance in the form of unauthorized discharges to resource areas on the site.  Today's Order requires that NE Wind not allow additional sediment-laden stormwater discharges to resource areas. Further, NE Wind must fully re-evaluate stormwater construction and its best management practices at the site, including construction sequencing & construction scheduling, so that additional discharges are prevented. NE Wind is also required to evaluate impacts to adjacent and downgradient resource areas, and submit a restoration plan providing for the restoration of all impaired resource areas to MassDEP by 8/30/12. Impacted resource areas are to be fully restored upon approval of the restoration plan by MassDEP.

7/27/12: MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the appeal of a previous Unilateral Order involving Willow Road Development, LLC, for Wetlands violations in Ayer.  The original Order, (11/1/11) to this LLC, as Trustee of the Willows Condominium Trust, was due to violations noted off Willow Road in Ayer.  That Order originally issued followed a request for enforcement assistance from the local Conservation Commission.  MassDEP inspectors observed the discharge of silt-laden runoff from a construction project at the above location flowing to adjacent bordering vegetated wetlands, an on-site pond, and eventually to Bennetts Brook.  Today's Final Decision incorporates a 6/27/12 Consent Order with Penalty with Willow Road Development, LLC to complete activities needed to correct the violations.  Today's Order requires the owners to implement approved erosion control plans and maintenance protocols for the site, and to conduct periodic inspections of the controls.  An approved restoration plan will also be carried out in accordance with the requirements of the 6/27/12 Order.  Willow Road Development, LLC will also pay a $9,000 Penalty as a result of these violations.  

7/27/12: MassDEP entered into a Consent Order with a $30,100 Penalty involving Brodney & Sons, Inc., for Asbestos violations at 617 Cambridge Street in Brighton (Boston).  MassDEP responded to a request for an emergency asbestos waiver at 617 Cambridge Street in Brighton and observed during an inspection of the company's work area at the site that they had improperly removed/handled asbestos containing materials.   As a result of the violations observed, the company will pay $5,000 and the remaining $25,100 will be suspended for a period of one year. The small business policy was utilized in reaching this settlement.

7/26/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving Mario Schiavo, as trustee of Mario Realty Trust, for Waste Site Cleanup violations at 1390 Dorchester Ave in Dorchester (Boston). Specifically, violations were for failure to report a release within two hours as required.  Today's Order requires the development and implementation of an Oil and Hazardous Material Release Reporting and Response Plan to be utilized by Mario Schiavo and his tenants. The Penalty is suspended with a stipulated penalty provision for any violations.

7/26/12: MassDEP entered into a Consent Order with $12,100 Penalty involving the town of Plymouth for Asbestos and Solid Waste violations in Plymouth. The town of Plymouth was in noncompliance at 84 Billington Street in Plymouth with Solid Waste Regulations for contracting for the disposal of a special waste (Asbestos) at a transfer station not permitted to accept that material. The town did not properly containerize and/or label the asbestos material, and did not file a notification with MassDEP for the demolition of a building containing friable asbestos material.  The entire Penalty was suspended under the municipal policy.

7/25/12: MassDEP entered into a Consent Order with Robert Hanson Realty, LLC for Waste Site Cleanup violations at 45 County Street in Attleboro. Robert Hanson Realty is the current owner of the property from which there was a release of oil and hazardous materials.  In August 2011, MassDEP issued the realty company a Notice of Noncompliance for having failed to complete the response actions that are required in a timely manner.  The respondent requested additional time to comply with the NON.  Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should the respondent fail to comply.

7/23/12: MassDEP entered into a Consent Order with a $6,665 Penalty involving Crowley's Commission Sales, Inc. for Wetlands violations in Agawam.  Crowley's Commission Sales, Inc. is a small equestrian facility that offered boarding, riding lessons, hayrides and horse sales.  Crowley violated the Wetlands Protection Act when it installed a culvert without a permit, in order to provide a temporary trail when one of its trails was temporarily impacted by a power line project.  Crowley agreed to removing the culvert and restoring the area; MassDEP agreed to fully suspend the Penalty pursuant to the small business policy.

7/23/12: MassDEP entered into a Consent Order with a $5,000 Penalty involving Sayers Auto Wrecking, Inc. for Groundwater Discharge and Hazardous Waste Management violations in Lanesborough. The violations, included hazardous waste management violations, the disposal of oil and fluids to the ground and were discovered during a MassDEP inspection. Of the $5,000 Penalty, $2,000 has been suspended under the condition that Sayers Auto Wrecking, Inc. complies with the terms and conditions of the Order.

7/23/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving New England Carpet Master for Industrial Wastewater violations in Burlington.  MassDEP Environmental Strike Force found at various locations illegal discharge of industrial wastewater to Title 5 (septic) systems and to a storm drain that discharges to Saw Mill Brook, a headwaters stream of the Ipswich River in Burlington.  New England Carpet Master will cease from discharging industrial waste water to Title 5 systems and storm drains and will obtain permits instead to discharge all industrial waste water to waste water treatment facilities.  This investigation was initiated based on a tip to the Strike Force hotline (1-888-VIOLATE). Video surveillance confirmed these illegal activities.

7/20/12: MassDEP was notified by the Mass. Attorney General the owners of a Lynnfield company pleaded 'guilty' to Asbestos and Other Violations.  The case in criminal session in Essex County involved Julie Rosati and David Harder, owners of AEI Environmental, LLC (AEI), an asbestos removal company in Lynnfield. They pleaded guilty to 17 criminal indictments in Essex Superior Court in Salem.   Charges included failure to notify of asbestos removal, improper work procedures, illegal storage of waste, failure to pay into the unemployment fund, and false claims.  Illegal asbestos removal work was performed at multiple sites including but not limited to schools, a library, and a fire station. The case was investigated by the Environmental Strike Force and MassDEP's Asbestos staff with support from MassDEP's Office of General Counsel. Harder was sentenced to 30 days in the Mass. House of Correction, with three years of probation upon his release.  Rosati was sentenced to three years probation.  Both Harder and Rosati are barred from working in the asbestos business, either independently, or for any company that does environmental remediation regulated by the state or federal government during the three-year probation period.

7/20/12:  MassDEP entered into a Consent Order with an $11,500 Penalty involving GKS Corporation for Groundwater Discharge violations in Southwick. Under today's Order, GKS Corporation d/b/a American Inn, a Senior Housing complex requires the construction of a Groundwater Discharge facility or a municipal sewer connection.  Today's Order also suspends the Penalty provided GKS constructs the groundwater discharge facility or connects to the sewer in accordance with the agreed upon schedule.

7/20/12: MassDEP issued a Boil Water Order to Granville Center Water Company for Water Supply violations in Granville. The Boil Order was due to an acute bacteria violation.  MassDEP determined the cause of bacteria contamination was maintenance work on the well and pump.  The water system is required to provide public notice, implement its emergency response plan, collect repeat bacteria tests in the distribution system and source, and submit an emergency response report.

7/19/12:  MassDEP entered into a Consent Order with Action, Inc. for violations of the Wetlands Protection Act at 26-28 Marsh Street and 16 Cunningham Road in Gloucester.  Work associated with construction of a stormwater basin, including grading and placement of rip-rap, took place in the riverfront area and buffer zone to a bordering vegetated wetland without proper authorization.  The document requires plans for the project activity, including all resource area boundaries and demonstrating compliance with regulatory standards.  The company must submit for approval, and then implement the plan after it has been approved.

7/18/12: MassDEP concluded an Amendment to Alberni Holdings, Inc. for Water Supply violations in Stockbridge. The Amendment is to an existing Consent Order with Alberni Holdings, Inc. that specifically called for the company to address Massachusetts Drinking Water non-compliance at its community public water system known as Heron Pond at Stockbridge.  Today's Amendment provides additional time to complete the interconnection of two distribution systems and the installation of a permanent standby generator.

7/17/12: MassDEP entered into a Consent Order with Heron Pond at Stockbridge for Water Supply violations in Stockbridge.   MassDEP amended the schedule in today's Order that will extend the deadline for the installation of a standby generator for this Community Public Water System.  All other deadlines remain unchanged.

7/17/12: MassDEP was notified of case involving AEI Environmental for Asbestos violations.  David Harder pleaded guilty to 17 criminal indictments of the air quality regulations in Essex Superior Court in Salem. Harder was charged with failure to notify of asbestos removal, improper work procedures, illegal storage of waste, and failure to pay into the unemployment fund.  Harder performed illegal asbestos removal at multiple sites including (but not limited to) schools, a library, and a fire station while operating a company AEI Environmental which was not licensed to perform asbestos abatement.  The case was investigated by personnel from the Environmental Strike Force and MassDEP's Asbestos and Office of General Counsel. The case was prosecuted the Attorney General Office, and Harder was sentenced to 30 days in the Commonwealth's House of Correction and three years of probation. During Harder's probation period he cannot be employed by any entity that is involved in environmental remediation regulated by the federal or state government.

7/17/12: MassDEP entered into a Consent Order with Fashion Care, Inc. for Waste Site Cleanup violations at 334 North Main Street in Randolph. MassDEP determined the violations after a level 3 audit conducted relative to the phase two comprehensive site assessment that was received by MassDEP on 11/6/09.  Violations found included the failure to submit the required immediate response action status reports or remedial monitoring reports. In addition, there were insufficient phase four (remedy implementation) completion, and failure to evaluate the extent of contamination cited in a subsequent letter from MassDEP.  In that letter, a Notice of Audit Findings/Notice of Noncompliance (NOAF/NON), Fashion Care, Inc. requested additional time to comply with the NON.  The ACO extends the deadlines in the NON and ensures compliance with the MCP.

7/16/12: MassDEP entered into a Consent Order with Adam Gorzynski and Iwona Gorzynska for Asbestos violations in Palmer. The Gorzynskis contracted for the illegal removal of asbestos thermal insulation from a two-family residence that they own in Thorndike (Palmer).  In response to a complaint from the local building inspector, MassDEP conducted an inspection of the subject residence and found that the couple had partially buried construction/demolition debris and asbestos thermal insulation in the property's backyard.  An asbestos notification for the insulation's removal had not been filed with MassDEP, and asbestos handling and work practices were not employed during the insulation's removal.  The couple cooperated with MassDEP and retained a licensed asbestos contractor to timely cleanup the property.  Following an evaluation of their financial situation, MassDEP determined that financial inability precluded a Penalty.  The couple agreed to an Order that provides for a stipulated penalty for any future noncompliance with MassDEP's Asbestos regulations for a period of one year.

7/13/12: MassDEP entered into a Consent Order with Fogg Realty Trust, for Waste Site Cleanup violations in Weymouth. Today's Order requires a revised or retracted response action outcome (RAO) at this, a former dry cleaner located at 981 Main Street in Weymouth.  MassDEP conducted two rounds of groundwater sampling at the site, an audit, and determined that the results exceeded the applicable groundwater standard.  Today's Order ensures that the existing site conditions will be further assessed and that any necessary remediation will be performed to be protective of indoor air quality.  Today's Order also establishes timelines for future submittals under the regulations.

7/12/12: MassDEP executed a Consent Order with a $2,860 Penalty involving the National Fish & Seafood, Inc. for Industrial Wastewater violations at 11-15 Parker Street in Gloucester.  During an unannounced inspection by MassDEP at this company's frozen fish processing facility, violations were found consisting of failure to update Operation & Maintenance (O&M) Manual and failure to have the required staffing plan for its on-site Industrial Wastewater Pretreatment System (IWPS).  In addition the company must implement its O&M manual at its IWPS.  National Fish & Seafood, Inc. is a grade 3 (M) facility and there was no grade 3 chief operator on site.  National Fish & Seafood, Inc. will also update and implement the O&M manual, and provide adequate certified operator personnel equal to the grading of its IWPS facility, as required.

7/12/12: MassDEP entered into a Consent Order with 28 Andover Street LLC for Waste Site Cleanup violations at the 28 Andover Street in Andover. Specifically, the violations were for failure to meet an interim deadline established in an earlier Notice of Responsibility MassDEP issued and a Notice of Noncompliance (NON) that was issued 4/20/11. Those required a phase four remedy implementation plan within 180 days or a final Response Action Outcome statement.   MassDEP has agreed to extend the timeline in the NON deadline for 28 Andover Street LLC based on the company's wish to pursue an insurance claim that it did not cause the release. Today's order contains the requested schedule and a stipulated penalty provision for any missed deadlines.

7/9/12: MassDEP and the Mass. Registry of Motor Vehicles (RMV) - in a joint enforcement action - took enforcement action involving  Chad Conlon (working at Mastria Buick/GMC/Cadillac at 1525 New State Highway in Raynham). Chad Conlon conducted fraudulent vehicle inspections at Mastria Buick, GMC Cadillac, Inc. in 2011.   Conlon's penalty was suspended due to inability to pay.  Additionally, in the 'Last Chance Agreement' with the RMV, Conlon agreed to a two-year suspension of his inspector's license, with eight months of that suspension served, and the remainder stayed.  Conlon is allowed to reapply for an inspector license at the RMV after 7/10/12.  Violation of the Last Chance Agreement could result in complete revocation of his inspector's license and payment of an $8,000 Penalty.

7/9/12: MassDEP and the Mass. Registry of Motor Vehicles (RMV) - in a joint enforcement action - took enforcement action involving Awon's Tire & Auto Center, Inc. at 530 North Main Street in Brockton.  In a joint enforcement action, MassDEP and the RMV executed settlement documents with Awon's regarding fraudulent vehicle inspections conducted at its facility in 2012 by a licensed inspector at the station.  Awon's Tire will pay $8,000 of a $16,000 Penalty (the remaining $8,000 will be suspended.  Additionally, in a Last Chance Agreement with RMV, Awon's Tire agreed to a two-year stayed suspension of its license.  Violation of the Last Chance Agreement could result in complete revocation of the inspection license and payment of the suspended $8,000 Penalty.  

7/9/12: MassDEP and the Mass. Registry of Motor Vehicles (RMV) - in a joint enforcement action - took enforcement action involving auto emissions inspector Luis Lazala (working at Charles Daher's Commonwealth Motors, Inc., 1 Commonwealth Drive, Lawrence).  In a joint enforcement action, MassDEP and the RMV executed settlement documents with Luis Lazala regarding fraudulent vehicle inspections conducted by him at Charles Daher's Commonwealth Motors, Inc. in 2011.  Lazala's Penalty is suspended due to inability to pay.  Additionally, in the Last Chance Agreement with RMV, Lazala agreed to a two-year suspension of his inspector license, with eight months of that suspension served, and the remainder stayed.  Lazala is allowed to reapply for an inspector license at the RMV after 8/31/12.  Violation of the Last Chance Agreement could result in complete revocation of his inspector's license and payment of an $8,000 Penalty.

7/6/12: MassDEP and the Mass. Attorney General announced a settlement involving Suffolk Construction Company, Inc. and Emerson College to pay $500,000 in Civil Penalties for Asbestos Violations.  Suffolk Construction Company, Inc. and Emerson College will pay $250,000 each in civil penalties to resolve violations of the Commonwealth's Air Pollution Prevention Statute and Asbestos Regulations. The violations occurred during the 2007 and 2008 renovation at Emerson's Colonial Building. Emerson had contracted out the renovation and asbestos removal work for the building, but no one ever filed the required asbestos notification with MassDEP. MassDEP, however, became aware of problems at the site and found friable asbestos-containing materials throughout the building.  After ordering work at the site to cease, MassDEP required proper Asbestos abatement.  As part of the final judgment, Emerson College is required to prepare and implement an operations and maintenance plan for the building that is designed to avoid future releases of asbestos to the environment if the building is renovated or repaired.

7/6/12: MassDEP issued a Unilateral Order to Mill River Water Takers for Water Supply compliance in New Marlborough. Mill River Water Takers is a small community Public Water System that is required to repair deficiencies in its 'spring box' to prevent potential rodent intrusion, improve its chlorination system and to maintain adequate chlorine residual until repairs are completed.  Today's Order also requires chlorine residual monitoring and increased sampling until repairs are completed.  The deficiencies had been identified in a 2012 Sanitary Survey and deadlines provided for repairs, however the repairs were not made as directed in the Sanitary Survey.

7/5/12: MassDEP entered into a Consent Order with a $10,647 Penalty involving South Hadley Landfill, LLC for Air Quality violations in South Hadley. The company is the operator of a landfill owned by the town of South Hadley.  As a result of numerous confirmed odor nuisance complaints and failure to apply adequate daily cover, SHL has agreed to apply adequate daily cover, implement a comprehensive odor mitigation plan and conduct a supplemental environmental project ("SEP") valued at $12,352. Under this SEP, the company will purchase of 1,030 recycling bins and two multi-gas detectors for the town of South Hadley.  As part of the Consent Agreement, SHL will also pay a $10,647 Penalty.

7/5/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving Mill City Environmental Corp. for Asbestos violations at 91 Maple Street in Lowell.  MassDEP observed during an inspection of the site that asbestos containing waste was not properly labeled.  In addition, MassDEP observed during an inspection of the respondent's work area at UMass Lowell that the respondent was improperly removing/handling asbestos containing materials.  MassDEP also determined that the air cleaning machine's filters were dirty at the UMass site. As a result of the violations observed, Mill City will pay $2,000 of the Penalty with the remaining $1,000 suspended, pending compliance, over the next year.

7/5/12: MassDEP issued a Unilateral Order relative to Shipyard Quarters Marina for Waterways License violations in Charlestown (Boston).   Today's Order was issued to LDA Pier 9, LLC which operates the Shipyard Quarters Marina. MassDEP determined the respondent's failure to maintain and repair the support pilings, the finger floats, the electrical distribution and other elements of the Marina constituted a potential hazard to navigation and had become a public nuisance. Further, this violated conditions of the Marina's existing licenses. A schedule for prompt inspection and repair was provided. Rapid response was warranted due to a written complaint from the city of Boston. [On 7/24/12, the respondent filed a timely appeal.]

7/3/12: MassDEP issued a Declaration of a Water Supply Emergency to KSA Mass LLC in Monterey.  MassDEP issued the Declaration to address the failure of the treatment system on its active source which serves a summer sports camp.  The Declaration allows KSA Mass LLC to use its emergency source with disinfection and under certain conditions until the active well is returned to normal operations.

7/2/12: MassDEP entered into a Consent Order with a $1,500 Penalty involving 2 Guys Auto Sales, Inc. for Hazardous Waste Management and Industrial Wastewater violations in Chicopee. The company has agreed to address hazardous waste and industrial wastewater violations at its facility located in Chicopee.  A MassDEP inspection conducted at this facility on 5/25/12 and 5/27/12 revealed that the company had not registered its hazardous waste generator status with MassDEP, had failed to properly label a container of waste oil, had failed to post required signage and had failed to provide adequate security, secondary containment, and boundary lines for the storage of waste oil.  Further, the company was discharging industrial wastewater to the ground.  The company, which has cooperated with MassDEP, began initiating corrective actions to address the noncompliance issues at its facility shortly after the inspection.  As part of the Consent Agreement, 2 Guys Auto Sales, Inc. has agreed to pay a $700 of the Penalty, while MassDEP has agreed to suspend the remaining $800 pending compliance.

7/2/12:  MassDEP entered into a Consent Order with a $3,000 Penalty involving Environmental Restorations, Inc. for Asbestos violations at 158 Moore Street in Lowell.  MassDEP personnel observed during an inspection of 158 Moore St in Lowell that the respondent was improperly removing/handling asbestos containing materials. In addition, MassDEP personnel determined that the air cleaning machine's filters were dirty. As a result of the violations observed by MassDEP, the respondent has agreed to pay $1,500 and MassDEP has agreed to suspend the remaining $1,500 pending compliance for a period of one year.

7/2/12:  MassDEP entered into a Consent Order with a $9,000 Penalty involving Joseph P. Rivard, as president of J.P. Rivard, Inc. for Wetlands violations at 1 Ward Way in Chelmsford. The property is the site of a commercial trailer sales business that stores, sells and services commercial trailers.  After observing potential wetland encroachments while conducting a nearby site visit, MassDEP staff inspected the property and found a total of approximately 3,500 square feet of bordering vegetated wetlands had been filled in three separate locations, violations.  Today's Order requires a wetland resource area field delineation and a successful restoration plan that requires monitoring for up to five years.  Rivard has agreed to pay $4,500 of the Penalty and MassDEP has agreed to suspend the remaining $4,500 pending compliance.

7/2/12: MassDEP announced change to the Stage II Vapor Recovery Enforcement. The U.S. Environmental Protection Agency (EPA) recently issued a rule allowing states to phase out their Stage II Vapor Recovery programs because onboard refueling vapor recovery (ORVR) systems are in widespread use in the motor vehicle fleet nationwide. As a result, MassDEP announced that effective 7/9/12 it will use its enforcement discretion to no longer require the installation, operation and maintenance of Stage II Vapor Recovery systems at: (1) new motor vehicle fueling facilities dispensing gasoline for the first time, (2) existing facilities where excavation below a shear valve or tank pad is needed to repair or replace a Stage II system or underground storage tank, and (3) existing facilities that are replacing 50 percent or more of their fuel dispensers. These facilities will need to fully decommission their entire Stage II systems according to Petroleum Equipment Institute (PEI) guidance. Other fuel dispensing facilities will be required to continue operating and maintaining their Stage II systems until MassDEP completes an analysis of the likely air quality impacts of discontinuing the Massachusetts program. More information is available at http://www.mass.gov/dep/air/community/stageii.htm.

June 2012

6/29/12: MassDEP entered into a Consent Order with Foundry Acres Association for Water Supply violations in Colrain. Foundry Acres is a public water system that is a small community public water system serving several homes in Colrain.  Today's Order addresses required actions including: a certified operator, source water quality, metering, cross-connections and emergency response plans, secondary sources /storage, and, options for declassification for this as a registered community public water system.  

6/29/12: MassDEP entered into a Consent Order with a $31,500 Penalty involving Nancy Loiselle - as president of Ronald J. Loiselle Inc., for Wetlands violations at 7 Doris Drive in Chelmsford. The property is the site of a construction business that stores heavy snow plow equipment and construction materials.  After observing potential wetland encroachments while conducting a nearby site visit, MassDEP inspected the property and found a total of approximately 1,500 square feet of bordering vegetated wetlands filled in three separate locations, including a section that was the habitat for a rare wildlife species (Blandings Turtle).  Today's Order requires Wetlands resource area field delineation and a successful restoration plan that requires monitoring for up to five years.  Today's Order requires the payment of $5,000 of the Penalty with $26,500 suspended pending compliance with terms.  

6/29/12: MassDEP issued a Consent Order with a $4,350 Penalty involving Barefoot Cottages LLC for Solid Waste violations in Plymouth. Barefoot Cottages LLC was in non-compliance for contracting the disposal of a special waste (Asbestos) at a transfer station not permitted to accept that material.  Under today's Order, Barefoot Cottages will pay $1,500 of the Penalty with the remaining $2,850 suspended under the small business policy.  

6/28/12: MassDEP executed a Consent order with Jack Madden Ford Sales, Inc. for Waste Site Cleanup violations in Norwood.  Jack Madden Ford failed to comply with deadlines established in a Notice of Noncompliance issued by MassDEP. The Department had previously identified violations of the Waste Site Cleanup regulations, specifically; the requirements applicable to the "Activity & Use Limitations" at this site (825 Providence Highway).  Today's Order establishes deadlines for completing the necessary tasks required to correct these "AUL" violations.

6/28/12: MassDEP issued a 'Notice of Intent to Mobilize' to B&K Development for failure to take corrective actions at the former Charlton Woolen Mill in Charlton. MassDEP issued the Notice regarding contaminated property which the company owns. B&K failed to adequately comply with the conditions of a 5/23/12 Notice of Response Action, which prompted today's Notice. MassDEP will commence certain itemized Waste Site Cleanup actions at the location on or about 7/23/12.

6/28/12: MassDEP issued a Unilateral Order to Dorothy G. George for Solid Waste and Air Quality violations in Dunstable.  George is the owner and resident of a property located at 304 Lowell Street in Dunstable.  On 5/18/12, representatives of the local Fire Department observed an on-going demolition of a partially collapsed structure by a back-hoe, and the active open burning of solid waste being conducted at this property.  Today's Order was issued to prevent any future illegal open burning at this or any other property in the Commonwealth owned or operated by George, and requires the removal and proper disposal of all remaining solid waste at the property within 60 days.  Additional enforcement is anticipated.

6/28/12: MassDEP entered into a Consent Order with Jack Madden Ford Sales, Inc. for failing to comply with deadlines established in a previously-issued Notice of Noncompliance.  The company violated Waste Site Cleanup regulations at its 825 Providence Highway in Norwood.  MassDEP identified violations of the requirements applicable to the Activity & Use Limitation (AUL) instrument at this site where a release of petroleum was reported in 2004. Today's Order establishes deadlines for completing the necessary tasks required to correct these AUL violations.  

6/28/12: MassDEP executed a Consent Order with a $2,500 Penalty involving George Eacobacci (d/b/a Weymouth Salvage Co.) for Hazardous Waste Management and Solid Waste violations in Weymouth.  MassDEP determined violations identified during an inspection conducted during October of 2011. MassDEP determined there were Hazardous Waste violations regarding generator registration, and management of waste oil/hazardous waste.  In addition there were violations regarding storage of waste including tires, scrap metal, vehicle parts, wood and plastic.  Weymouth Salvage has begun to correct many of the hazardous waste violations including the removal of the solid waste for disposal.  Today's Order contains an aggressive schedule to address solid waste and hazardous waste violations and assess/remediate the potentially impacted soil areas.  

6/27/12: MassDEP entered into a Consent Order with a $40,177.50 Penalty involving Warrior Fuels for Waste Site Cleanup violations at 904 Rockdale Avenue in New Bedford. Warrior Fuels, Inc. and Warrior Fuel Corp., both of New Bedford, were found to have failed to notify MassDEP of a release of home heating oil within the required two hours, and further, to have initiated response actions without first notifying MassDEP. In addition, Warrior Fuels transported hazardous waste without proper documentation to an unpermitted facility, and exceeded hazardous waste generator registration limits. On 10/4/11, Warrior Fuels, Inc. delivered fuel oil to a 275-gallon above ground storage tank, located in the basement of the residence at 904 Rockdale Avenue, New Bedford. During the delivery, the tank ruptured and released its contents to the basement. WFI did not notify MassDEP of the release and instead attempted to recover product from the basement floor and removed the oil impacted items from the basement to the backyard.  Also, the company transported recovered oil and oil-soaked absorbents to another location.  Today's Order requires Warrior Fuels Corp. to revise its hazardous waste generator status and assesses a penalty in the amount of $48,802.50. The respondents will pay $40,177.50 of the assessed penalty, with the remainder suspended provided the respondent complies with the requirements of the ACOP and there are no further violations for three years.

6/27/12: MassDEP issued a $32,000 Penalty Assessment Notice to Naukeag Hospital Realty Trust for Waste Site Cleanup violations in Ashburnham. David L. Murphy of Leominster is the Trustee of the Naukeag Hospital Realty Trust, which was issued the Penalty for having violated response action deadlines at the Naukeag Hospital located on Lake Street in Ashburnham.  Murphy, as Trustee, failed to submit: any 'release abatement measure' (RAM) status reports; a phase two 'comprehensive site assessment' (CSA); a phase three, 'remedial action plan' (RAP); and, a phase four 'remedy implementation plan' (RIP).  Prior to this, MassDEP had already issued a notice of noncompliance back in 2010 for failing to make the requisite submittals.  Following an enforcement conference in October 2011, however, Murphy did not respond to MassDEP's attempts to negotiate a Consent Order.

6/27/12: MassDEP issued a Unilateral Order to Naukeag Hospital Realty Trust for Waste Site Cleanup violations in Ashburnham. David L. Murphy of Leominster is the Trustee of the Naukeag Hospital Realty Trust, which was issued the Order for having violated response action deadlines at the Naukeag Hospital located on Lake Street in Ashburnham.  Today's Order requires the submittal of a tier two extension, a RAM status or completion report, phase two, three and four, along with a final response action outcome statement by 8/15/13.

6/26/12: MassDEP entered into a Consent Order with Cabot Place Pump Station General Partnership (consisting of Four, Six and Seven Cabot Place Office Condominium Associations, Inc. and Five Cabot Place, LLC) in Stoughton.  The Partnership was in violation of Water Pollution Control regulations, and has agreed to either repair or replace a nonfunctioning private sewer pump station; or, to design and construct an alternative means of sewage disposal. The general partnership must cease the illegal discharge to the environment and perform a clean-up as needed.

6/26/12: MassDEP executed a Consent Order with Barbara Gendron and James Dong for Solid Waste violations in Littleton. Today's Order requires Gendron and Dong remove and properly dispose of and/or recycle all the solid waste that has accumulated at their property located on Crestview Drive in Littleton.  Today's Order further establishes a schedule for bringing the property back into compliance with applicable regulations, and contains stipulated penalty provisions should any dates in that schedule not be met.  Additionally, the terms require that test pits be dug to ensure that there is no additional solid waste buried on site, and it allows for soil samples to be taken by representatives of the local Board of Health if deemed necessary.  Any Penalty in this case is completely suspended provided the owners comply with all terms of today's Order and have no additional violations for a one year.

6/25/12: MassDEP issued a Unilateral Order to Karl E., Edwin and Dena Briggs for Wetlands violations at Major Hill Road in Charlton. MassDEP determined the violations occurred on property located at 2-R Major Hill Road in Charlton, which the Briggs own.  The violations involve the breaching of a beaver dam, and the excavation of 250 feet of a stream.  No permits were issued for these activities that occurred within the Wetland resource areas.  Today's Order requires the owners to cease and desist from all work activities within100 feet of the Wetland resource areas on the property and prevent any further violations of the Wetland Protection Act at the property. Additionally the Briggs are to hire a wetlands specialist to evaluate the wetland resource areas (that have been altered) and prepare a plan to restore the resource areas.  Finally, today's Order also requires the submission of that plan to MassDEP for approval.  This action will result in the restoration of 250 feet of stream and up to 5,000 square feet of Bordering Vegetated Wetland.  

6/25/12: MassDEP entered into a Consent Order with a $30,000 Penalty involving Coventry Builders LLC for Waste Site Cleanup violations at 19 Rear Park Avenue in Arlington.  Coventry Builders is the operator of the property where the violations were due to the failure to meet deadlines set out in a MassDEP notice of noncompliance issued on 12/8/11.  Today's Order requires a tier two Waste Site Cleanup permit extension submittal by 6/27/12.  It also requires that a final response action outcome statement by 7/31/13.  Coventry will pay $3,000 of the Penalty, and MassDEP agrees to suspend the remaining $27,000 pending compliance. There is also a stipulated Penalty provision for any missed deadlines.

6/25/12: MassDEP entered into a Consent Order with a $32,000 Penalty involving Seven Forty Nine LLC, for Waste Site Cleanup violations in Framingham.  Shirley M. Sheridan is manager, of Seven Forty Nine LLC in Framingham. Today's Order includes timelines for submittal of a phase two 'comprehensive site assessment' report; a phase three or 'remedial action plan'; a phase four remedial 'response action plan'; and, a final response action outcome statement.  This site has been in the system since 2006. Seven Forty Nine LLC will pay $1,000 and the remaining $31,000 of the Penalty will be suspended pending meeting the terms of today's Order, or returning the site to compliance. The suspended Penalty will come due if Seven Forty Nine LLC fails to comply with the response action deadlines established in today's Order. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from several former underground gasoline and waste oil storage tanks.

6/25/12: MassDEP entered into a Consent Order with Bartlett's Orchard, LLC, for Water Supply violations in Richmond.  MassDEP found that Bartlett's Orchard, LLC, which is a public water system, had repeated exceedances of the maximum contaminant level (MCL) for total coliform bacteria.  Today's Order addresses the next required responses, and the follow-up actions and future disinfection the public water system needs to take.

6/25/12: MassDEP entered into a Consent Order with JT Golf, Inc, for Water Supply violations in Clarksburg. JT Golf, Inc., which is a public water system, failed to correctly perform public notice requirements, water quality monitoring, and the repeated exceedances of the maximum contaminant level (MCL) for total coliform bacteria at its facility, the North Adams Country Club in Clarksburg.  Today's Order addresses certain required disinfection measures, permitting, monitoring and public notice actions for the public water system.

6/22/12: MassDEP entered into a Consent Order with Everett Poole, for Waste Site Cleanup violations at 24 Basin Road in Chilmark.  Poole is the current owner of 24 Basin Road, Chilmark, from where there has been a release of oil.  In June 2011, MassDEP issued Poole a notice of noncompliance for having failed to complete the response actions that are required in state regulations, 310 CMR 40 (the Massachusetts Contingency Plan) in the appropriate and timely manner.  Poole requested additional time in which to comply with the notice of noncompliance.  Today's Order establishes negotiated timeline for completion of cleanup work at the site and contains stipulated penalties should Poole fail to comply.

6/22/12: MassDEP entered into a Consent Order with Equity Industrial Randolph IV, LLC, for Waste Site Cleanup violations at lot 37 - Pacella Park Drive in Randolph. The company had violated the regulations as determined during a level two audit that was conducted by MassDEP in connection with the company's previously-submitted response action outcome at this site (as submitted to MassDEP on 6/16/04).  During MassDEP's audit, violations were found pertaining to the failure by the responsible party to properly register/record an 'activity and use limitation' on the deed. MassDEP then cited this failure in a subsequent Notice of Audit Findings/Notice of Noncompliance (NOAF/NON).  Equity Industrial Randolph IV, LLC followed that notice by requesting additional time to comply with the NON.  Under today's Order, the deadlines in the NON will be extended and at the same time, today's Order ensures the proper registration of the AUL.

6/22/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving Weymouth Commons-East Apartments for Waste Site Cleanup violations in Weymouth. The company failed to notify MassDEP following the release of oil greater than the reportable quantity.   On 2/19/11, approximately 5:30 p.m., the property management was notified by on-site maintenance personnel that a release of approximately 300 gallons of #2 (home heating) oil had occurred at the property.  The release was initially from an unknown source, and impacted a storm water detention basin (a Wetlands).  Maintenance personnel at the location discovered that there was fuel oil floating on the ice and in the surface water of an on-site storm water detention basin/wetland, and notified the property managers.  The site's licensed site professional only notified MassDEP's Emergency Response branch of this release, but failed to notify within the required two hours.  

6/22/12: MassDEP issued a Unilateral Order to the town of Wareham due to Asbestos violations at 118 Sandwich Road in Wareham. MassDEP determined certain work practice, and waste handling Asbestos violations at this location, a town-controlled residential site.  MassDEP observed that the town had directed its demolition contractor to demolish a fire damaged home and to consolidate asbestos-containing debris on the site before properly removing the asbestos-containing materials ("ACM") from the site.  The town's contractor had damaged asbestos cement shingles with heavy equipment and rendered the ACM friable, or posing a threat of uncontained release. After a second incident had occurred at the site, it was necessary to issue today's Order to instruct the town to cease further work until proper oversight and engineering controls could be established at the site to ensure that no additional asbestos incidents occur.  The town is now seeking proper assistance from a Division of Labor Standards ("DLS") certified Asbestos Designer and Project Monitor to design a suitable clean-up of the property and to establish a proper environmental sampling program.  

6/21/12: MassDEP entered into a Consent Order with Sarkis Gas & Service Station, LLC, for Waste Site Cleanup violations in North Attleborough. Today's Order and required response actions by Sarkis is based on the prior failure of Sarkis Gas & Service Station LLC to conduct required comprehensive cleanup response actions at the site.  Today's Order now establishes new deadlines for the completion of required comprehensive response actions.

6/20/12: MassDEP entered into a Consent Order with an $860 Penalty involving Microtest Laboratories, Inc. for Hazardous Waste and Environmental Results Program (ERP) in Agawam.  MassDEP conducted an inspection at the company's Agawam facility on 9/26/11 revealed that the company was registered as a 'very small quantity' generator of hazardous waste but was acting above that threshold, as a 'small quantity' generator. Also, the company was not complying with the storage requirements for universal waste (spent fluorescent lamps) and hazardous waste and that the company had failed to submit an ERP certification for an emergency generator subject to the ERP program.   Microtest Laboratories, Inc., which cooperated with MassDEP, began initiating corrective actions to address the noncompliance issues at its facility immediately after the inspection.  As part of a consent agreement, Microtest Laboratories, Inc. has agreed to pay $860 of the Penalty with an additional $1,575 - which represents three years of unpaid or avoided SQG annual compliance fees.

6/20/12: MassDEP issued a $258 Penalty Assessment Notice to Scott and Helga Nielson, for Air Quality violations, illegal open burning, in Easthampton. The issuance of the Penalty was prompted by a complaint from the Easthampton Fire Department, who had twice responded to the Nielson's residence on 6/8/12 and observed open burning of pallets and construction material.

6/20/12: MassDEP issued a Demand for a $2,000 Stipulated Penalty involving Western Bronze, Inc. for violations of an existing Consent Order in West Springfield. Western Bronze failed to comply with the terms and conditions of a 10/3/11 Consent Order the company entered into with MassDEP. Western Bronze agreed to remove a pile of foundry sand from its West Springfield facility and to prevent storm water impacts from the pile within 60 days of the effective date. MassDEP had agreed to suspend the Penalty if the company complied, which it did not.    

6/19/12: MassDEP entered into a Consent Order with a $1,000 Penalty involving Jerome C. Callahan, Jr. for Waste Site Cleanup violations at 262 Ayer Road in Harvard.  Callahan, Jr. is the trustee of the Callahan Realty Trust, which owns the property at 262 Ayer Road in Harvard.   The Trust failed to provide notification to MassDEP within 120 days of knowledge of on-site soil concentrations greater than state standards for petroleum.  The release occurred from an exterior leaking above-ground storage tank.  The Trust, under today's Order, has agreed to pay the Penalty, and has already initiated remediation activities at the site.   

6/18/12: MassDEP entered into a Consent Order with the Massachusetts Department of Conservation and Recreation (DCR) for Tolland State Forest in Otis. MassDEP found that DCR had repeated exceedances of the maximum contaminant level for total coliform bacteria and detection of e.coli in its Tolland State Forest facility.  This public facility has four sources with four separate distribution systems.  Three of the four systems experienced bacteria problems in 2011.  Today's Order addresses specific response and follow-up actions that DCR is required to take in order to address the reportable deficiencies and to provide for future disinfection.  

6/18/12: MassDEP entered into a Consent Order with a $9,057 Penalty involving Jacob's Pillow Dance Festival, Inc. for Water Supply violations in Becket.  MassDEP determined this public water system expanded without prior approval and without the proper operator oversight. Under today's Order the new sources will have adequate protection, or will have the required water quality monitoring.  This public water system is now a non-transient non-community year-round public water system.  Under today's Order, Jacob's Pillow will pay $1,250 of the Penalty and $7,807 will be suspended pending compliance with the provisions of the Order.

6/8/12: MassDEP was notified that Suffolk Superior Court has entered the Commonwealth of Massachusetts proposed Order for Default Judgment involving Roberts Recycling and Dismantling for violations in Methuen.  The Court entered the Order against Roberts Dismantling & Recycling, which is based in Hudson, New Hampshire.  The Court ordered Roberts to pay a civil penalty of $250,000 to the Commonwealth.  In addition, the Court ordered Roberts to pay damages of $325,000 into the, "51 Old Ferry Road Expendable Trust".  This Trust is currently being established by the Secretary of State for the assessment and remediation of the Batteye dumping ground in Methuen.  Roberts illegally disposed of solid waste including, asphalt, brick, concrete and other solid waste at the site.  MassDEP and the Attorney General are conducting settlement negotiations with 11 other companies who delivered waste material to the site in violation state regulations.   

6/19/12: MassDEP executed a Consent Order with a $6,000 Penalty involving John Cormier, as trustee of B.C Realty Trust, 116 Bear Hill Road, for Wetlands violations in Merrimac. The property is the site of a residential subdivision being built as specified in a local order of conditions (OOC) allowing the work.  In response to a telephone complaint, MassDEP inspected the property and found erosion from the construction site causing siltation to approximately 2,000 square feet of stream channel within a 'bordering vegetated wetland' from stormwater runoff and improper erosion controls.  These actions were not in compliance with the OOC. MassDEP initially directed immediate corrective actions which were performed. In addition to the Penalty, today's Order requires continuing adequate stormwater and erosion control measures, maintenance, and, monthly monitoring and reporting until the project is permanently stabilized.       

6/20/12: MassDEP issued a Unilateral Order to the Community of Khmer Buddhist Monks, Inc. for Wetlands violations on Townsend and Varnum Avenue in Lowell. The violations include vegetation cutting and clearing, removal of an earthen berm, and filling with gravel within a bordering land subject to flooding.  This activity was conducted in noncompliance with two previous enforcement orders and an emergency certification issued by the Lowell Conservation Commission.  The activity was also conducted pending a decision by MassDEP on an appeal for a request for a superseding order of conditions for an "after-the-fact" work order previously performed on the property without authorization.  Today's Order now requires that activity cease and desist, specific written documentation of activity performed be submitted, removal of gravel and submittal of a vegetation restoration plan.

6/15/12: MassDEP entered into a Consent Order with an $8,160 Penalty involving the town of Edgartown due to Wetlands and Waterways Program. This case involves the unauthorized dredging by the town of Edgartown of approx. 130 cubic yards of dredge and disposal of same within a shellfish habitat in Katama Bay. The Town of Edgartown will pay the $8,160 Penalty and will conduct a restoration of shellfish habitat, by seeding an area of 2,600 square feet with hard clams within the boundaries of Edgartown Harbor.  The estimated cost of this shellfish restoration project is $1,975.

6/14/12: MassDEP executed a Consent Order with a $30,000 Penalty involving John Negoshian, as trustee of JMN Realty Trust, due to Waste Site Cleanup violations at 52 Wexford Street in Needham. The Trust is the owner of the site where it had failed to meet deadlines already established in MassDEP's Notice of Noncompliance issued on 7/8/11.  Today's Order requires a tier two classification extension by 7/31/12, and a final response action outcome statement by 7/31/13.  Today's Order requires a $28,000 Penalty with the remaining $2,000 suspended pending compliance with the terms of the Order. There is also a stipulated penalty provision for any missed deadlines.

6/12/12: MassDEP entered into a Consent Order with the city of Worcester regarding a January 2012 pollution event in an un-named tributary to Poor Farm Brook.  The stream emanates from a municipal storm drain near Pompano Road.  The city's Department of Public Works (DPW) & Parks investigated the infrastructure in this drainage area, and discovered that a blockage in a sewer had caused a backup of wastewater that ultimately escaped through a break in the sewer line and entered an adjoining storm drain system.  The city subsequently corrected this problem, and continues to monitor bacteria levels in the stream.  Under the terms of today's Consent Order, the city will submit a written summary of actions taken, and an updated Standard Operating Procedure on how it will respond to any future pollution events.  

6/12/12: MassDEP entered into a Consent Order with a $2,000 Penalty involving Hi-Way Safety Systems, Inc. due to Hazardous Waste Management violations in Rockland. MassDEP determined in October 2011 during an inspection that Hi-Way Safety Systems, Inc. were repeat violations of the hazardous waste regulations regarding generator registration, as well as storage and management of waste oil and hazardous waste.  Hi-Way Safety Systems, Inc. has corrected the violations and will pay the $2,000 Penalty.

6/8/12: MassDEP issued a Unilateral Order to Vincent Oil Co., Inc. due to Air Pollution, Industrial Wastewater and Hazardous Waste Management violations in Southbridge. Today's Order was issued after numerous attempts to get a negotiated settlement failed.  This action will help ensure compliance with applicable regulations.

6/8/12: MassDEP entered into an Amendment to an existing Consent Order with Erving School Union #28 due to Water Supply violations in New Salem. The amendment is regarding the Swift River Elementary School serving New Salem and Wendell.  The School, a non-transient, non-community public water system has experienced repeated exceedance of the maximum contaminant level for total coliform bacteria within the past twelve months.  Today's Order is in response to a repeated incident including required disinfection and corrective actions.

6/7/12: MassDEP entered into a Consent Order with a $4,000 Penalty involving MIG Corporation in Becket. MassDEP found that MIG Corporation had been discharging diesel fuel to a branch of Walker Brook in Becket.  On 4/5/12, MassDEP received a call from a concerned fisherman regarding the presence of an oily sheen on a branch of Walker Brook where it crosses Route 20, in Becket.  MassDEP responded to the site immediately to investigate, and confirmed the presence of petroleum sheen along on the brook with diesel fuel contamination within the right of way and stream bank.  MassDEP personnel placed absorbent booms to contain the sheen.  Based upon investigation performed by MassDEP, including interviews of Massachusetts Department of Transportation and MIG Corporation, it was determined that a trailer-mounted pump had been previously placed at the site to facilitate drawdown of the brook for bridge repair.   Although the pump had been removed from the location on 3/29/12, MIG Corporation indicated that there may have been spills of diesel fuel that occurred during fueling of the pump, such that the diesel fuel contamination observed was likely due to those spills.    MIG arranged for complete cleanup of the diesel fuel spills, and restored the stream bank removed during the cleanup.  In addition to paying the Penalty, MIG Corporation agreed to retrain its employees on responding to releases of oil and hazardous materials.   MIG Corporation also purchased oil spill response equipment to be stored at its roadway construction projects so that MIG personnel will be able to contain and clean up minor oil spills quickly.

6/6/12: MassDEP issued a Unilateral Order to J.B. Justice & Company due to Waste Site Cleanup violations in Springfield.  J.B. Justice is a trucking company based in Houston, Texas. The company was in violation for multiple waste site cleanup violations.  On 10/30/11 at approximately 3:00 a.m. a tractor-trailer unit owned and operated by J.B. Justice caught fire in the vicinity of Exit 2B on Route 291.  The fire was extinguished by the Springfield Fire Department.  Petroleum products, including diesel fuel, motor oil and oil from the melting of the truck's tires, were released to pavement and the storm drainage system at the site.  MassDEP inspected the site and observed petroleum-stained pavement and impacted storm drains.  An inspection of the discharge of the storm drainage system to the Connecticut River was also performed.  Oily residue from the fire was present at the discharge impoundment.   J.B. Justice retained an emergency response cleanup contractor to address the spill.  MassDEP provided oversight of the cleanup actions on 10/30/11.  Although the cleanup was successfully completed, J.B. Justice has failed to submit documentation from the cleanup, and failed to respond to a notice of noncompliance issued during December of 2011 which allowed an extension of the deadline to submit the required information.  As a result, today's Unilateral Order is issued requiring submittal of the missing cleanup documentation, including a 'release notification form' and an 'immediate response action' plan or a 'response action outcome' statement.

6/6/12: MassDEP issued a $2,000 Penalty Assessment Notice to J.B. Justice & Company due to Waste Site Cleanup violations in Springfield. J.B. Justice is a trucking company based in Houston, Texas. The company was in violation for multiple waste site cleanup violations.  On 10/30/11 at approximately 3:00 a.m. a tractor-trailer unit owned and operated by J.B. Justice caught fire in the vicinity of Exit 2B on Route 291.  The fire was extinguished by the Springfield Fire Department.  Petroleum products, including diesel fuel, motor oil and oil from the melting of the truck's tires, were released to pavement and the storm drainage system at the site.  MassDEP inspected the site and observed petroleum-stained pavement and impacted storm drains.  An inspection of the discharge of the storm drainage system to the Connecticut River was also performed.  Oily residue from the fire was present at the discharge impoundment.    J.B. Justice retained an emergency response cleanup contractor to address the spill.  MassDEP provided oversight of the cleanup actions on 10/30/11.  Although the cleanup was successfully completed, J.B. Justice has failed to submit documentation from the cleanup, and failed to respond to a notice of noncompliance issued during December of 2011 which allowed an extension of the deadline to submit the required information.  As a result, today's Unilateral Order is issued requiring submittal of the missing cleanup documentation, including a 'release notification form' and an 'immediate response action' plan or a 'response action outcome' statement.

6/4/12: MassDEP entered into a Consent Order with a $6,500 Penalty involving John E. Sliech, Jr. due to Wetlands violations in Westfield. Today's Order involves the disposition of woody debris and landscaping materials along a steep slope within the 100 ft. buffer zone and within a 'bordering vegetated wetland' located adjacent to the rear of his property. This action then resulted in a request from the city of Westfield's conservation commission for assistance in responding to a separate complaint from the Westfield water department regarding the deposition of material from an abutting property owner, the Westfield Water Resources Department.  Today's Order requires Sliech to restore the impacted wetlands resource area and stabilize the adjacent slope. The Order also requires that Sliech pay a $6,500 Penalty of which the entire penalty is suspended contingent upon Sliech fully complying with all terms of the restoration and other terms of the Order.  

6/4/12: MassDEP issued a Unilateral Order with the town of Clinton requiring the town address the current conditions at the town's landfill and the leachate discharging from it into the southern cove at South Meadow Pond.  On 1/16/09, MassDEP issued an approval of the 'corrective action alternatives analysis' permit application submitted by the town.  The CAAA separately evaluated remedial (i.e., corrective action) alternatives for addressing impacted groundwater migration and discharge to South Meadow Pond, and impacted South Meadow Pond sediment.  The Town appealed the issuance of this permit, but later agreed on withdrawing the appeal.  The town and MassDEP have been evaluating the remedial requirements for the landfill and the pond, and have determined that recapping the landfill would be more effective and efficient than a pump and treat system.  Today's Order outlines the requirements for the recapping landfill closure, restoring the impacted cove capping, and establishes deadlines and milestones to help facilitate the closure and capping process.

6/1/12: MassDEP entered into a Consent Order with a $6,612.50 Penalty involving the Brideau Oil Corp. due to Waste Site Cleanup violations at 9 Eden Glen in Leominster. Brideau, which is based in Fitchburg, was cited for violations following a release of home heating fuel oil at a residence located in Leominster on 1/6/11. MassDEP was not made aware of the release until 3/14/11 when called by the local Board of Health following their inspection of a complaint concerning oil on the road near the release.  Under the terms of today's Order, Brideau agreed to review and revise its spill management plan, and pay the full $6,612.50 Penalty for its failure to provide timely notification, and for its failure to conduct 'immediate response action' at the site.    

6/1/12: MassDEP issued a Boil Water Order to the YWCA New England Regional Council, Inc. in Leicester. The YWCA is the owner and operator of the YWCA Camp Wind in the Pines facility, which is a transient non-community public water system that serves a population of approximately 100 persons.  The Order followed the initial notification to the public water system that a routine bacteria sample had confirmed 'positive' for total coliform and 'negative' for e.coli bacteria.  Today's Order establishes a number of requirements to be completed over the next 30 days to bring the public water system into compliance with applicable regulations.    

6/1/12: MassDEP issued a Boil Water Order to the Oronoque Condominium Association for Water Supply violations in Stockbridge. The Oronoque Condominium Association was issued today's Order due to high counts of total coliform bacteria within its distribution system.  Counts ranged from 145 to 260 colonies per 100 milliliters.  The Order requires notice to users, disinfection, follow-up bacteria samples and chlorine residual monitoring, and correction of the cause of the contamination.

6/1/12: MassDEP issued a Boil Water Order to the Academy at Swift River, in Cummington & Plainfield.  The Academy at Swift River was issued the Order due to high counts of total coliform bacteria within its distribution system.  Counts ranged from 1 colony to 93 colonies per 100 milliliters.  The Order requires notice to users, disinfection, follow-up bacteria samples and chlorine residual monitoring, and correction of the cause of the contamination.

6/1/12: MassDEP entered into a Settlement and Consent Order with Ware Freightyards II, Inc., resolving the removal and disposal of foundry sand in Ware.  Under today's Order, the terms resolve the disposition of an open dump containing foundry sand.  The settlement provides a pathway for removal and disposal or on-site mitigation of the foundry sand dump as well as payment of the $12,070 Penalty.

May 2012

5/30/12: MassDEP executed a Consent Order with a $30,000 Penalty involving Beaver Brook Mills Trust for Waste Site Cleanup violations in Dracut. The Trust is the owner of the property at Beaver Brook Island in Dracut where violations included failure to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 10/1/10. Today's Order requires a phase two report and if applicable a phase three remedy implementation plan by 4/11/13, a phase four by 9/15/13 and a final response action outcome statement by 3/11/14.  The Trust will pay $2,500 of the Penalty, and MassDEP has agreed to suspend $27,500 of the Penalty and including a stipulated penalty provision for any missed deadlines. Beaver Brook Mills Trust plans to use alternative energy products in the development of the property.

5/30/12: MassDEP entered into Consent Order with a $5,350 Penalty involving Allan Desroches for Asbestos and Solid Waste Management violations in Mattapoisett. Desroches, of Acushnet, was in noncompliance at an address in Mattapoisett for contracting for disposal of a special waste (asbestos) at a transfer station not permitted to accept that material and Asbestos Regulations. MassDEP found the asbestos material had not been properly containerized and labeled.  MassDEP has agreed to suspend $3,850 of the Penalty under the small business policy.

5/29/12: MassDEP executed a Consent Order with a $26,835 Penalty involving Michael G. George, for Asbestos violations in Goshen.  The violations were discovered during MassDEP's inspection of renovation work being conducted at a commercial/residential building located in Goshen.  During the inspection, MassDEP discovered that George, the owner of the property, had been removing asbestos-containing siding without filing an asbestos notification, and without instituting the proper asbestos handling and disposal procedures.  Broken asbestos-containing siding was found inside a dumpster, and on the ground around the back and sides of the building.  George cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site.  George has agreed to pay $13,000 of the Penalty, the balance, $13,835 will be suspended provided that George remains in compliance with the state asbestos handling regulations for one year.

5/24/12: MassDEP entered into a Consent Order with Frankie B's, for Water Supply violations in Wilbraham.  Frankie B's is a registered transient non-community public water system that failed to address multiple violations of the total coliform rule.   Today's Order puts into place a requirement for the installation of disinfection system should an additional violation occur with a twelve-month time period.

5/23/12: MassDEP executed a Consent Order with a $17, 250 Penalty involving the Town of Ludlow & the Westover Municipal Golf Commission for Waste Site Cleanup violation. The Golf Commission at the time failed to notify MassDEP of a release of up to 150 gallons of propane that occurred at the town-owned Westover Municipal Golf Course on 2/4/11.  This release occurred when a backhoe clearing snow in the vicinity of the golf course's maintenance shed sheared off the top of a 300-gallon propane tank.  No fire or injury occurred as a result of the release.  Golf course personnel failed to notify the Ludlow Fire Department and MassDEP of the release.  MassDEP was ultimately notified of the release by the town's propane supplier on 2/9/11.  The Town completed assessment of the release and filed a final Response Action Outcome statement.  To resolve this matter, the town has proposed to implement an Environmental Management System (EMS) for the Golf Course and Department of Public Works operations.  MassDEP agreed to suspend the Penalty in its entirety pending the town's successful implementation of the EMS.

5/23/12: MassDEP entered into a Consent Order with a $4,000 Penalty involving Monahan Technologies, Inc. for Asbestos violations at 104 Veterans Road in Dedham.  MassDEP responded to a complaint of improper asbestos removal at 104 Veterans Road in Dedham and determined during the investigation that the respondent had improperly damaged asbestos containing materials at the site during a furnace replacement project. MassDEP personnel determined that the respondent did not properly handle asbestos-containing materials during this project.  As a result of the violations, the company the $4,000 penalty will be suspended for a period of one year.  The company will also provide asbestos awareness training to its full time staff within 90 days.

5/21/12: MassDEP executed a Consent Order with an $11,056 Penalty involving Capital Contractors of Natick for Solid Waste and Air Quality violations in Holliston. The violations occurred on a property they formally owned in Holliston.  The company conducted improper open burning of construction and landscaping debris.  Today's Order requires this small business to maintain compliance with all applicable regulations and pay an $11,056 Penalty. The company will pay $1,200 of the Penalty with the remainder suspended pending compliance with the terms of the Order for one year.  This action will help ensure proper management of solid waste and less emissions from illegal burning.

5/21/12: MassDEP executed a Consent Order with an $11,056.80 Penalty involving Capital Contractors, Inc. for Air Quality and Solid Waste violations in Holliston.  The company, which is based in Natick, committed the violations as its property it formerly owned in Holliston.  Representatives from both the local Fire Department and MassDEP determined that the company burned construction and landscaping debris in the open at the site.  Today's Order requires this small business to maintain compliance with all applicable regulations in the future, and pay a $1,200 Penalty.  The remaining balance of the Penalty, $9,856.80 will be suspended provided the company does not violate the terms of the Order for a one-year period.  This action will help ensure the proper management of the company's solid wastes and eliminate emissions to the ambient air from illegal open burning.

5/21/12: MassDEP entered into a Consent Order with a $2,000 Penalty involving MECHO Contracting, Inc. for Asbestos violations in Southbridge. MECHO Contracting, Inc., which is based in Methuen, is a Mass. Department of Labor Standards licensed asbestos contractor.  The violations were observed in March 2011 during an inspection conducted by MassDEP at a Southbridge residential property.  MECHO personnel failed to seal the work area where the asbestos-containing materials were being removed, and failed to carefully lower asbestos-containing materials to the ground during removal.  Today's Order requires future compliance with the regulations, and payment of the $2,000 Penalty.

5/21/12: MassDEP was notified that Suffolk Superior Court recently issued a $392,000 Penalty against Blair Enterprises of Rutland, Massachusetts for violations of the Wetlands Protection Act and the Watershed Protection Act. Previously, in May 2011, staff from MassDEP, MassDCR, and the Mass. Attorney General's office spent four days in a trial in Suffolk Superior court seeking penalties for these violations caused by Blair Enterprises during construction of a subdivision, Bear Hill, located in Rutland.  Blair Enterprises, Inc. is an established real estate development company.  Blair departed from the approved phasing plan by clear-cutting and grading an entire 50+ acre site.  Erosion of steep slopes with poor soils resulted in significant impacts (over 2 acres) to nearby Wetlands and Moulton Pond, tributaries to the Ware River drinking water intakes. In the decision, Judge Geraldine Hines stated the following:  "I adopt the Commonwealth's proposed findings [in paragraphs 19-25] which establish that Blair is a serial violator of the statutes intended to protect the environment from the type of harm caused by its conduct at the site. In particular, I have noted the seven cases collected in Exhibit H of the Commonwealth's Penalty and Final Judgment Appendix. This history persuades the court that Blair cares not one whit for the requirements of the law and that it regards penalties as a part of the cost of doing business."

5/21/12: MassDEP issued a Unilateral Order requiring to Michaela M. Kravfe for Wetlands violations in Winchendon. Michaela M. Kravfe is ordered to stop violations of the Wetlands Protection Act occurring on her property located at Lot B on Joslin Road in Winchendon.  In response to a complaint, MassDEP conducted an inspection of the property and observed land grading activities and equipment operation on the site resulting in alterations to stream "banks" and bordering wetlands.  No permits had been issued by the Winchendon Conservation Commission for this activity in this area.  Today's Order requires Kravfe to stop all activities at the site related to these violations, and prevent further violations. Kravfe is also required to stabilize the site with erosion controls, hire a wetlands specialist to assess the damage, and submit a plan to restore the altered wetlands and banks.  Additional enforcement is anticipated.

5/21/12:  MassDEP issued a Unilateral Order to Robert S. Betourney, for Wetlands violations in Winchendon. Robert S. Betourney is ordered to stop violations of the Wetlands Protection Act found to be occurring on the Kravfe property located at Lot B on Joslin Road in Winchendon.  Betourney is not a contractor, but he does own heavy equipment, and did perform site grading activities that resulted in alterations to stream "banks" and bordering wetlands.  Betourney was responsible to insure that the land owner had obtained the necessary permits before commencing work in the wetlands.  No permits had been issued by the Winchendon Conservation Commission for work in this area.  Today's Order requires Betourney to stop all activities at the site resulting in violations, and prevent further violations of the Wetlands Protection Act.  Betourney has been requested by MassDEP to attend an enforcement conference, and may be jointly responsible for any anticipated penalty assessment.  

5/21/12: MassDEP has entered into Consent Order with Waste Management of Massachusetts, Inc. (WMMI) to address hazardous waste and air pollution control violations at several facilities.  Each of the facilities are either owned and/or operated by WMMI (or operated by WMMI through a wholly-owned subsidiary) and include: a maintenance facility at 600 New Ludlow Road, South Hadley; a maintenance facility at 99 Barre Depot Road, Barre, and a construction-and-demolition processing facility known as the Western Recycling Facility at 120 Old Boston Road, Wilbraham; the solid-waste facility known as the Granby Sanitary Landfill at 11 Ludlow Road, Granby; the solid-waste facility known as the Chicopee Sanitary Landfill at 161 New Lombard Road, Chicopee; and, the solid-waste facility known as the Fitchburg-Westminster Landfill at 101 Fitchburg Road, Westminster.   MassDEP determined, during inspections conducted at the South Hadley maintenance facility and the Granby Sanitary Landfill, that hazardous waste violations, which included the transportation of waste oil from the landfill to the maintenance facility without having a license to do so.  In addition, WMMI self-disclosed its air pollution control violations at the Chicopee Sanitary Landfill and additional waste oil transport violations at its other facilities.  WMMI, who cooperated with MassDEP, initiated corrective actions to address the noncompliance issues at its facilities immediately after the inspections. As part of a consent agreement, WMMI has agreed to include a Supplemental Environmental Project (SEP) in the resolution of this matter. Under this SEP, the company will pay to the City of Easthampton up to $39,500 for the purposes of funding the cleanup and closure of an abandoned 30,000 gallon Underground Storage Tank located on property that abuts the Manhan Bike Trail in Easthampton.

5/21/12: MassDEP issued a Unilateral Order to Jeffrey C. Wilbur, Lanesborough for violations of the Massachusetts Solid Waste and Air Pollution Control Regulations.  The violations became evident when MassDEP conducted an inspection of property (owned by Wilbur's father), at 558 North Main Street.  Wilbur, who operates a trash hauling business at the site, was found to be operating an open dump at the property.  Wilbur has also been cited for open burning of solid waste, including sofas, mattresses, and other trash collected from off site.  The Order requires Wilbur to cease and desist all illegal open burning, and to cease and desist bringing solid waste to the property.  Wilbur has 60 days to remove all solid waste from the site.

5/21/12: MassDEP issued a $15,375 Penalty Assessment Notice to Roy's Towing Services, Inc. for Hazardous Waste and Industrial Wastewater violations in Springfield. MassDEP's inspection conducted on 1/6/11 revealed the hazardous waste housekeeping and labeling violations related to Roy's handling of waste oil and industrial wastewater at its 876 and 1130 Bay Street facilities in Springfield.  During the inspections of these two facilities, MassDEP observed discharges of waste oil and oily wastewater to the ground.  Roy's did not respond to efforts by MassDEP to resolve the violations, resulting in the issuance of today's Penalty.

5/18/12: MassDEP entered into a Consent Order with UAHC Eisner Camp Institute for Drinking Water violations at its Great Barrington facility. Today's Order addresses noncompliance with Massachusetts Drinking Water regulations including proper cross-connection, proper metering, a sample tap and additional sanitary survey requirements.   Today's Order provides a compliance deadline for all requirements or the connection of the facility to the Great Barrington municipal water system.

5/18/12: MassDEP entered into a Consent Order with a $15,050 Penalty involving Fiore Tammaro and Francesca Tammaro for Asbestos violations at 84 Madison Avenue in Everett.  MassDEP responded to a complaint of improper asbestos removal at the site, were it was observed that the respondents had improperly removed and handled asbestos containing materials.  MassDEP determined that the respondents did not notify MassDEP of asbestos abatement at the site as required by the regulations. As a result of the violations the Tammaros will pay $5,000 and the remaining $10,050 will be suspended for a period of one year. The small business policy was utilized in reaching this agreement.

5/17/12: MassDEP executed a Consent Order with a $12,500 Penalty involving the Dufour Escorted Tours  for Waste Site Cleanup, Air Quality and Hazardous Waste Management violations at their facility at 133 South Street in Hinsdale.  Dufour failed to notify MassDEP within two hours of becoming aware of a 20-gallon diesel fuel spill that occurred at the site on 6/17/11 at y 12:30 p.m.  Instead the release was not reported by Dufour until 12:15  p.m. on 6/20/11.  During a 6/23/11 inspection of the facility, MassDEP observed a number of hazardous waste management violations, including that Dufour was not registered with MassDEP as a generator of waste oil.  MassDEP also observed that Dufour was allowing the open burning of pressure-treated wood and pallets in 55-gallon drums at the rear of the facility.  In addition to paying the $12,500 Penalty, Dufour must re-train all employees on the proper procedures for responding to releases of oil and hazardous materials.  Today's Order also requires Dufour to correct its hazardous waste management violations, and memorializes deadlines for completing assessment of the diesel fuel spill area and another area at the site where oily debris has been alleged to have been buried.

5/17/12: MassDEP entered into a Consent Order with an $11,650 Penalty involving Mary Howell for Wetlands violations at 40 West Chop Lane in Tisbury. Howell had directed a local contractor to excavate a freshwater marsh adjacent to Mink Meadows Pond in order to create an open water feature on her property.  The work was undertaken without first filing a 'Notice of Intent' and receiving a valid 'Order of Conditions'.  Howell had previously filed an NOI and received an OOC for the removal and reconstruction of the house located on the property.  The OOC, however, had established the boundary of the wetland resource areas and limit of work.  The excavated freshwater marsh was outside the established limit of work and within the delineated wetland resource area boundary.  The Tisbury Conservation Commission, learning of the violation, requested assistance from MassDEP. The Department partnered with the Conservation Commission to resolve the violation.  The Conservation Commission will be overseeing the restoration of the freshwater marsh system while MassDEP agreed to suspend $5,825, pending compliance, with the remaining $5,825 to be paid.

5/15/12: MassDEP entered into a Consent Order with MPG Corporation for Waste Site Cleanup violations in Bridgewater. The company, which is based in Plymouth, failed to file a final response action outcome statement within one year of a reported release of petroleum that occurred at 155 Broad Street in Bridgewater.  The release traced back to a reported incident on 12/20/02 when petroleum-impacted soils were discovered during landscaping activities along the perimeter of the site.  Today's Order ensures that existing petroleum-impacted soils will be removed and properly disposed of, and establishes timelines for future submittals for compliance with the Waste Site Cleanup regulations.

5/15/12: MassDEP entered into Consent Order with the town of Bridgewater, for Solid Waste violations at the transfer station in Bridgewater. The Town operates a Solid Waste transfer station without a valid Authorization to Operate permit.  Today's Order establishes a schedule for the town to engage the services of a Massachusetts registered professional engineer to evaluate the existing conditions at the transfer station, evaluate necessary modifications, and complete the permitting process necessary for proposed modifications in order to seek and obtain a valid operating permit.

5/14/12:  MassDEP executed an Amended Consent Order relative to Donald E. Kelley, EFL/DEK Prime, LLC for Wetland Protection Act violations on property located at 58R Pulaski Street in Peabody.  Violations on the property were initially identified by the Peabody Conservation Commission and resulted in a Wetlands enforcement order.  Subsequently, the locals requested MassDEP to assist with additional enforcement action. Violations Confirmed violations included:15,500 square feet of alteration to riverfront area associated with the Waters River; clearing vegetation and filling with road grindings (also within the Buffer Zone to Bordering Vegetated Wetland).   Today's Amended Order requires full restoration of the 'riverfront area' with long-term monitoring while complying with activity and use limitation on the property.  The document also includes a penalty of $2,500 paid plus $16,500 suspended upon full compliance.

5/14/12: MassDEP entered into a Consent Order with a $6,610 Penalty involving Veolia Boston Energy, Inc. for Air Quality violations at 19-27 Scotia Street in Boston. Veolia's Scotia Street Station steam plant located at 19-27 Scotia Street.  MassDEP determined that Veolia failed to perform annually required compliance testing on its three fuel oil fired steam boilers in calendar year 2010 at Scotia Street Station in a timely manner, pursuant to the regulations.   In addition, Veolia accepted fuel oil with sulfur content greater than allowed by its approval permit from August 2010 and February 2011.  Veolia subsequently met its compliance testing requirement in calendar years 2010 and 2011.  In addition, the review of subsequent air quality compliance reports by MassDEP engineers indicates that Veolia has purchased compliant fuel since February 2011.  As a result of these violations, Veolia has agreed to pay $3,610 with the remaining $3,000 suspended provided that Veolia does not violation the underlying Air Quality regulations for a period of three years.

5/14/12: MassDEP issued an $8,125 Penalty Assessment Notice to Guilherme A. Ruas and Tatiana Santos Ruas, for Wetlands violations in West Boylston. The Ruas are the owners of property located at 412 Worcester Street in West Boylston.  At the request of the Massachusetts Department of Conservation and Recreation (MassDCR), MassDEP conducted an inspection of the property and observed alteration of 'riverfront area' that included grading and filling, destruction of vegetation, and storage of man-made materials within 50 feet of Gates Brook.  No permits had been issued for this work occurring within a wetland resource area.  MassDEP, MassDCR, and the West Boylston Conservation Commission each made repeated attempts to contact the Ruas regarding the non-compliance, but have not received any responses.  

5/14/12: MassDEP issued a Unilateral Order to Guilherme A. Ruas and Tatiana Santos-Ruas, owners of property located at 412 Worcester Street in West Boylston. Today's Order requires correction of Wetland Protection Act violations that occurred at the property.  At the request of the Massachusetts Department of Conservation and Recreation (MassDCR), MassDEP conducted an inspection of the property and observed alteration of 'riverfront area' that included grading and filling, destruction of vegetation, and storage of man-made materials within 50 feet of Gates Brook.  No permits had been issued for the work occurring within a wetland resource area.  MassDEP, MassDCR, and the West Boylston Conservation Commission each made repeated attempts to contact the Ruas regarding the non-compliance, but have not received any response.  Today's Order requires the Ruas to stop the violations, prevent further damage to wetland resource areas, and restore the area.  This action will result in restoration of 1,000 square feet of Riverfront Area.  

5/11/12:  MassDEP issued Notices of Noncompliance (NONs) to eight Large Quantity Generators (LQGs) of Hazardous Waste for failing to file their calendar year 2011 Biennial Reports (BRs) by 3/1/12.  The Reports are summaries of all hazardous waste shipments and treatment during odd-numbered calendar years and are due on March 1 of the following even-numbered years. These Reports are required of LQGs under the federal Resource Conservation and Recovery Act (RCRA), which MassDEP has been delegated to enforce in Massachusetts by the U.S. Environmental Protection Agency (EPA). LQGs are facilities that generate more than 2,200 pounds of hazardous waste or 2.2 pounds of acutely hazardous waste in a single calendar month. Although enforcement action was necessary in a handful of cases, 98 percent of the state's 425 current LQGs complied with calendar year 2011 reporting requirements.  

5/11/12: MassDEP issued a Boil Water Order to the Quabbin Sunrise Cooperative, Inc. for Drinking Water violations in Ware. MassDEP issued the Boil Water Order to Quabbin Sunrise Cooperative, Inc. to address the potential risk to public health of a severe pressure drop at its community public water system in Ware.  [MassDEP issued a second UAO as noted below]

5/11/12: MassDEP issued a  Declaration of Water Emergency to Quabbin Sunrise Cooperative, Inc. to address the potential risk to public health of a severe pressure drop at its community public water system in Ware, Massachusetts.  Today's Order permitted the use of alternate sources of water for potable purposes at the community public water system while this public water system to address the emergency.

5/8/12: MassDEP entered into a Consent Order with a $46,235 Penalty involving Robert J. Johnson for Asbestos violations in Egremont.  Robert J. Johnson of Longwood, Florida was found to have violated asbestos handling and disposal regulations.  MassDEP's action followed receipt of a complaint regarding the removal of asbestos-containing building materials from a building Johnson owns at the former Egremont Inn in Egremont.   MassDEP investigated the removal operations at the site that had been conducted by Johnson, and discovered that asbestos notification, handling work practices and disposal were not followed.  Under the terms of a Consent Order with MassDEP, Johnson will pay $12,000 of the penalty, with the remaining balance suspended provided that Johnson retains a Massachusetts-licensed asbestos abatement contractor to timely abate all remaining asbestos-containing waste materials at the site and does not further violate the asbestos regulations during a one-year probationary period.

5/7/12: MassDEP noted today that the Commonwealth of Massachusetts :  in February of 2010 entered a Final Judgment against John Sellars and Diane Sellars (husband and wife) for violations of the Wetlands Protection Act and Solid Waste Management Act on property that they own and live on in Lexington.  The Judgment included orders requiring the Sellars to pay a civil penalty and restore wetlands on the property. Since that time, the Department has approved a plan for wetlands restoration and Sellars has hired contractors and consultants to carry out the work.  However, due to interference by Mr. Sellars, the work has not been done.  During the week of 4/30/12, Assistant Atty. Gen. Lou Dundin working with Asst. Atty. Gen. Andrew Rainer filed a motion seeking either civil contempt or in the alternative criminal contempt against Mr. Sellars due to his lack of compliance with the 2010 Judgment to restore the wetlands and his efforts to date that have precluded his wife's attempts at compliance with the Final Judgment.  TODAY, on May 7, 2012, the Commonwealth and Mr. Sellars appeared before Judge Fahey.  During this hearing, Mr. Sellars told the Judge multiple times that he would not allow the restoration work to occur as long as he's "still standing." After the Judge made several attempts to get Mr. Sellars to reconsider his position, she found him to be in civil contempt of the court and promptly ordered him to be taken into custody, which he was.  Judge Fahey made it clear in her order that if Mr. Sellars would agree to allow the work to occur and would remain outside of Middlesex County while the work was occurring and until it was done, he could be set free immediately.  However as he repeatedly stated he could not, and would not do that, then he would remain in custody until the work required by the Court's 2010 Judgment is complete.  MassDEP understands that the contractors and consultants are ready to begin the restoration work under Ms. Sellars' direction as soon as Monday, May 14th.  Ms. Sellars' consultants and contractors have estimated that it will take at least three weeks to complete the requisite work.

5/4/12: MassDEP entered into a Consent Order with a $15,050 Penalty involving W. L. French Excavating Corp for Asbestos violations at 121 Orchard Street in Belmont. MassDEP observed that during an inspection of 121 Orchard Street in Belmont, the company, while excavating at the site, impacted asbestos-containing transite pipe. The company continued with the excavation work in the area after impacting the asbestos-containing pipe.  MassDEP determined that the company did not notify MassDEP of asbestos abatement at the site.  As a result of the violations the company has agreed to pay $8,700 with the remaining $6,350 suspended for a period of one year.

5/4/12: MassDEP executed a Consent Order with Cherry Valley and Rochdale Water District for Drinking Water violations in Leicester. The Respondents (public water system) failed to meet the requirements of the Surface Water Treatment Rule and the Drinking Water Regulations.  Today's Order provides an enforceable schedule, and requires some immediate upgrades to the Henshaw Pond Filtration Plant and Grindstone Well.  The schedule also requires the development of a long-term plan to provide a permanent solution for the system to assure compliance with the regulations, including the arsenic and secondary contaminant levels, and treatment technique requirements.  This action will ensure that the approximately 3,765 residents served by this public water system will continue to receive water that is safe and fit to drink.  

5/4/12: MassDEP issued a Unilateral Order to James M. St. Germain for Wetlands violations in Charlton.  MassDEP issued today's Order to James M. St. Germain to stop violations of the Wetlands Protection Act occurring on his property located at 173 Sunset Drive in Charlton.  In response to a complaint, MassDEP conducted an inspection of the property and observed land grading activities and equipment operation on the site resulting in alterations to 'land under water bodies' and 'waterways', and 'bank' of Glen Echo Lake.  No permits had been issued by the Charlton Conservation Commission for work in this area.  Today's Order requires St. Germain to stop all activities at the site resulting in violations, and prevent further violations. St. Germain is also required to stabilize the site with erosion controls, hire a wetlands specialist to assess the damage, and submit a plan to restore the altered wetlands.  Additional enforcement with penalty assessment is anticipated.

5/4/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving Country Aire Campground for Water Pollution Control violations in Charlemont.  Under today's Order, the Campground has agreed to l provide for the upgrade of septic systems at this large Title 5 (septic system) facility to bring the site back into compliance with wastewater and drinking water regulations.  The entire penalty in the amount of $5,750 is suspended pursuant to the small business policy provided the required upgrades are completed.

5/1/12: MassDEP issued a Demand Letter for $20,050 previously-suspended Penalty to Parkview Commons, LLC regarding Asbestos violations at 232 Common Street in Lawrence.   In 2011, Parkview had signed a Consent Order to settle an enforcement case involving asbestos related violations at 232 Common St. in Lawrence.  Parkview agreed to submit a written clean-up proposal to MassDEP for review and approval by the end of October 2011, and to then complete said cleanup.  In addition, $20,050 was suspended as part of the final agreement.  Parkview has failed to submit the required cleanup proposal and has not decontaminated the site.  As result of this non compliance with today's Order, MassDEP has issued a demand for the $20,050 suspended portion of the Penalty.

5/1/12: MassDEP issued a Demand Letter for previously suspended $37,750 Penalty involving the Trustees of Boston University.  In 2011, the BU Trustees signed a Consent Order to settle an enforcement case involving asbestos-related violations at multiple job sites: $37,750 was suspended as part of the final agreement.  In 2011, MassDEP personnel responded to two additional locations owned by BU where violations of the asbestos regulations were observed.  As a result of the most recent violations, MassDEP has issued a demand for the $37,750 suspended portion of the penalty.  

April 2012

4/30/12: MassDEP issued a Unilateral Boil Water Order to the Becket Athenaeum, Inc. in Becket. MassDEP issued this Boil Water Order to the Becket Athenaeum, Inc. to address total coliform and e.coli bacteria detections in its source and water system.  Today's Order requires this public water system to provide public notice to ensure its users boil or use alternate sources of water such as bottled water while the system addresses the contamination.  

4/30/12: MassDEP entered into a Consent Order with IPG Photonics Corporation to ensure compliance with Water Pollution Control regulations at its corporate campus facility at Old Webster Road in Oxford.   Today's Order establishes an enforceable schedule allowing the temporary use of a (holding) tight-tank to serve a portion of the facility undergoing expansion until the municipal sewer system becomes available. Under today's Order, the company has agreed to tie the entire facility into the municipal sewer system when it becomes available later this year.  This action will result in the continued proper treatment of approximately 10,000 gallons of wastewater per day.  

4/27/12: MassDEP entered into a Consent Order with Montague Retreat Center, Inc. for Water Supply compliance pertaining to the public water system it seeks to operate in Montague. There are specific requirements associated with maintaining this as a public water system source (This system was recently acquired by the Montague Retreat Center Inc. and previously it had been approved and operated under MassDEP's new source approval process). As with all such systems, they are required to have standard operation, monitoring, plans and certain recordkeeping requirements.  

4/27/12: MassDEP entered into a Consent Order with a $4,020 Penalty involving Alberni Holdings for Water Supply violations. Alberni Holdings is the owner of Heron Pond at Stockbridge (a condominium), that is required to address its failure to complete in a timely manner several sanitary survey requirements at its community public water system.  The issues included water treatment prior to issuance of a permit, a lack of chemical injection ports, inadequate maintenance of the wellhead area, and failure to ensure it met the required redundancy or storage standards for community public water systems on groundwater. Alberni Holdings will pay $2,010 of the Penalty, while MassDEP has agreed to suspend the remaining $2,010 of the Penalty pending compliance.

4/27/12: MassDEP issued a Unilateral Boil Water Order to the Mohawk Trail Regional School District in Ashfield.  The School District must address a potential risk at its Sanderson Academy in the Town of Ashfield.  The Order was issued as a precautionary measure due to a severe pressure drop and turbid water quality experience the previous day. [This Boil Water requirement was removed upon receipt of sample results showing no coliform bacteria present in the system.]   This public water system will complete additional reports on the possible cause of the system disruption.

4/27/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Ashby to address Water Supply violations. Today's Order contains an enforceable schedule to provide an approved, transient non-community public water system for the American Legion and Ashby Grange buildings, and the Second Parish Congregational Church.  The town will operate the on-site well serving all locations in accordance with the requirements for a public water system. This includes hiring a certified operator, carrying out monitoring requirements, completing cross-connection requirements, and submitting the required permit application that is necessary to upgrade the pump station.  Today's Order also requires that future expansion or modification of the system that must be approved by MassDEP.  The penalty will be fully suspended provided the town completely complies with all provisions of the document.  This action will ensure that anyone served by this system will continue to receive water that is safe and fit to drink.

4/27/12: MassDEP entered into a Consent Order with a $1,400 Penalty involving USPack, Inc. for Hazardous Waste Management violations at its Leominster facility.  The company accumulated hazardous waste in excess of its registered hazardous waste generator status, had inaccurate container labeling, and failed to properly fill out a hazardous waste manifest.   Today's Order requires the company to maintain compliance with all applicable regulations, and pay a $1,400 civil administrative penalty.  As a result of MassDEP's inspection, the company has re-evaluated its manufacturing process, and has cut its hazardous waste generation by two-thirds.  This action will help ensure proper management of hazardous waste generated by the company.  

4/27/12: MassDEP issued a Unilateral Boil Water Order to Forever Hopeful, LLC for Water Supply violations in Charlton. Forever Hopeful, LLC is the owner and operator of a transient non-community public water system that serves the Yankee Diner Restaurant located at 16 Worcester Road in Charlton. Due to an acute violation of the total coliform rule (as defined in the state's maximum contaminant levels) the source and the associated distribution system were immediately removed from service.  The system was directed to evaluate the cause of the contamination, take corrective actions, and notify its consumers to either boil water before drinking, or consume water from another or alternative source.  The system was also directed to notify the local board of health and town administrator.  Today's Order also addresses corrective actions for a number of noncompliant conditions relating to operation of the system that were identified during an inspection of the facility on 4/26/12.  This action will help insure that the persons served by this system will receive water that is pure and fit to drink.      

4/26/12: MassDEP executed a Consent Order with a $5,750 Penalty involving Hess Corporation for Waste Site Cleanup violations at 66-70 Prospect Street in Waltham.  Hess Corporation, based in Woodbridge, NJ, failed to report 1/7/12 release of 15-20 gallons of gasoline at a Waltham filling station as soon as possible - and within the required two hours of obtaining knowledge of the release (a violation of M.G.L. c. 21E and the Massachusetts Contingency Plan). Today's Order requires Hess to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan. This "Plan" is to be followed by any/all Hess employees in the event of future release incidents.  Today's Order requires the payment of $2,875, with the remaining $2,875 suspended contingent upon Hess's compliance with all of the terms of today's Order as well as stipulated penalties of $1,000 a day for any future violations of the Order.

4/26/12: MassDEP entered into a Consent Order with a $14,000 Penalty involving Marilyn Campbell for Wetlands violations at 115 Merrill Avenue in Haverhill.  The violations on a single family house lot at 115 Merrill Ave. in Haverhill were initially detected by the Haverhill Conservation Commission, which issued an enforcement order for clearing of vegetation and the placement of fill in bordering vegetated wetland and 'buffer zone' that required submittal of a plan for approval and ultimately restoration of wetland resource areas.  The locals subsequently requested MassDEP to become involved when it failed to get compliance.  MassDEP confirmed the violations on the site including 10,000 square feet of BVW alteration.  Today's Order requires full restoration of the BVW and buffer zone including long-term monitoring.  The document also contains a penalty of $800 paid, the remaining $13,200 suspended if compliance is maintained over the next five years.

4/26/12: MassDEP entered into a Consent Order with a $4,025 Penalty involving the F/V Mayflower/F.A.T. Fishing Corp. for Waste Site Cleanup violations in New Bedford Harbor in New Bedford.  Specifically, this corporation failed to notify MassDEP following the release of oil greater than the reportable quantity.  On 5/24/11 an undetermined quantity of dyed fuel oil was released from a commercial fishing vessel to the surface waters of New Bedford Harbor.  Oil traveled from New Bedford to Fairhaven where it was observed by the town's Harbormaster, leading to the incoming notification to MassDEP by the Harbormaster, but not - as required - by the respondent.  An enforcement conference revealed that maintenance personnel aboard the fishing vessel became aware of the release, but failed to notify MassDEP within two hours as required.  A Supplemental Environmental Project was approved as mitigation for the Penalty portion.   Under this SEP, the corporation will pay $3,019 to the Buzzards Bay Coalition's Water Quality Monitoring program, which samples surface water in New Bedford Harbor and Buzzards Bay.  

4/19/12: MassDEP entered into a Consent Order with a $1,290 Penalty involving Island Airlines, LLC, for Environmental violations in Barnstable. The Airlines has agreed to resolve violations of state Hazardous Waste Management, Air Quality, and Industrial Wastewater regulations at the airline's municipal airport location in Barnstable.  Under today's Order the Airlines is required to complete the following: proper characterization and management of wastes, including lead-contaminated wastes; the proper signage and delineation of hazardous waste storage areas; proper labeling, closure, and positioning of hazardous waste containers on an impervious base and the shipment of same within regulatory deadlines; the assignment of emergency coordinator(s), posting of emergency information, and the dissemination of site information to local emergency authorities. The Airlines is also required to review and revise its hazardous waste generator registration, to maintain weekly inspection logs and manifest records, and to conduct relevant training of its employees.  Island Airlines is also required to keep air emission records, and either Island Airlines or the property owner is required to file a sewer connection compliance certification with MassDEP.   Under the terms of the Consent Order, Island Airlines will pay the $1,290 Penalty and will also pay $3,870 to the Massachusetts Environmental Trust as a Supplemental Environmental Project.  

4/18/12: MassDEP entered into a Consent Order with a $4,312 Penalty Uno Restaurants, LLC, for Waste Site Cleanup violations at 75 Middlesex Turnpike in Burlington. Specifically, Uno Restaurants failed to report to MassDEP a 9/3/11 sudden release of an estimated 100 gallons of waste cooking oil as soon as possible (and within the required two hours after obtaining knowledge of the release).  The release impacted a paved parking area and storm sewer system.  Today's Order requires Uno Restaurants to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan.  Such a plan is to be followed by the company's employees in the event of future release incidents.  Under today's Order the company will pay $2,000 of the Penalty within 30 days to MassDEP. The remainder of the Penalty is suspended contingent upon Uno's compliance with the terms of today's Order.  Today's Order also imposes stipulated penalties of $1,000 per day for any future violations of the Order.

4/17/12: MassDEP entered into a Consent Order with the Massachusetts Department of Transportation (MassDOT) for Waste Site Cleanup violations at 740 State Road in Dartmouth. MassDOT failed to comply with deadlines established in a Notice of Audit Findings/Notice of Noncompliance (NOAF/NON).  There have been identified violations (Class II) of the requirements applicable to the Activity & Use Limitation (AUL) instrument at the Site.  Today's Order establishes a deadline of 7/2/12 for correcting the violations as originally noted in the NOAF/NON.

4/12/12: MassDEP issued a Unilateral Order to Jayson M. LaBouef for Wetlands violations at 128 Sears Island Road in Worcester. Jayson M. LeBouef was ordered to stop violations to the Wetlands that were occurring on his property located in Worcester.  MassDEP conducted an inspection of the property at the request of the Worcester Conservation Commission and observed grading and excavation occurring in Indian Lake, and alterations of 'bank' and bordering vegetated wetlands.  No permits had been issued by the Worcester Conservation Commission for this work in this area.  Today's Order requires the property owner to prevent further violations of the Wetlands Protection Act, and to remove fill deposited on the bank of Indian Lake.  The owner is also required to hire a wetlands specialist to assess the damage, and to submit a plan to MassDEP for review and approval for restoration of the altered wetlands.  Additional enforcement with a penalty assessment is anticipated.  

4/12/12: MassDEP executed a Consent Order with a $19,000 Penalty involving Donald E. Kelley, EFL/DEK Prime, LLC. (and an Amended Order on 5/14/12) with Donald E. Kelley, EFL/DEK Prime, LLC for Wetland Protection Act violations on property located at 58R Pulaski Street in Peabody.  Violations on the property were initially identified by the Peabody conservation commission and resulted in a local enforcement order.  Subsequently, the commission requested MassDEP to assist with additional enforcement action. Violations confirmed by MassDEP included 15,500 square feet of alteration to riverfront area (the Waters River) that resulted from clearing vegetation and filling with road grindings (also within the buffer zone to bordering vegetated wetland).  The Amended document requires full restoration of the riverfront area, along with long-term monitoring while complying with the Activity and Use Limitation on this property.  The document includes a Penalty of $2,500 paid, with the remaining $16,500 suspended upon demonstration of full compliance.

4/11/12: MassDEP entered into a Consent Order with a $1,450 Penalty involving Parker-Hannifin Corporation for Hazardous Waste Management violations in Devens. The company generated waste oil in excess of its registered hazardous waste generation status.  Today's Order requires the company to maintain compliance with all applicable regulations, and to pay the full Penalty.  This action will help ensure proper management of waste oil generated by the company.  

4/11/12: MassDEP executed a Consent Order with a $5,000 Penalty involving LMB Partners, Limited Partnership for Waste Site Cleanup violations in Boston. The Partnership is the owner of the property at 25, 47 and 71 Topeka Street in Boston where the specific violations were failure to meet deadlines established in a (previous) Consent Order executed with MassDEP on 3/29/09. Today's Order now requires the Partnership to submit a tier two cleanup permit extension by 5/18/12. Thereafter, either a remedy operation status report, or a response action outcome statement is due by 12/28/12. Today's Order requires a $2,000 Penalty payable and $3,000 suspended, pending compliance, as well as a stipulated penalty provision for any missed deadlines.

4/11/12: MassDEP entered into a Consent Order with a $2,590 Penalty involving Western Massachusetts Electric Company for Wetlands violations in Agawam. WMECO was cited in connection with a discharge of sediment to a wetland due to a breach of erosion controls during a September 2011 rain event at a construction site. Today's Order provides for payment of the Penalty and the restoration of the approximately 2,000 square feet of impacted wetlands.

4/10/12: MassDEP entered into a Consent Order with a $2,300 Penalty involving E.L. Harvey & Sons, Inc. for Solid Waste violations at its Westborough facility.   The company failed to report to MassDEP that a fire had occurred on 7/24/10 at its construction and demolition waste processing facility located in Westborough.  The requirement to report such an incident, or upset, is contained in the facility's operating permit.  Under the terms of today's Order, the company has agreed to update its Operation & Maintenance Plan to provide for the prompt notification of MassDEP in the event that such an incident occurs in the future.  The company has also agreed to pay $211.20 of the Penalty, while the balance will be used for an approved Supplemental Environmental Project (SEP) involving the purchase of an automatic deck gun and deluge tip valued at $2,088.80 for the Grafton Fire Department.

4/10/12: MassDEP entered into a Consent Order with a $6,035 Penalty involving Kerrissey, LLC for Solid Waste violations in Hanson. J. Kerrissey, LLC (of Plymouth) was in noncompliance with Solid Waste Regulations pertaining to the act of establishing and maintaining a dumping ground by accepting solid waste material at an unpermitted location in Hanson.  The Order allows J. Kerrissey, LLC to crush the material on site within six weeks.   The Order also requires the payment of $2,000 with the remaining $4,035 suspended, through application of the small business policy.

4/10/12: MassDEP entered into a Consent Order with a $19,417 Penalty involving E.J. Wyson Trucking, Inc. for Waste Site Cleanup violations at 710 High Street in Westwood.  E.J. Wyson Trucking, Inc., of Gardner, failed to report a 12/30/11 sudden release of 40 gallons of gasoline to MassDEP as soon as possible, and within two hours of obtaining knowledge of the release.  The release impacted indoor air within nearby commercial and residential buildings, and required evacuation of the impacted structures when the release was discovered three days later.  Today's Order requires Wyson to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan to be followed by Wyson's employees in the event of any future release incidents.   The company will pay $9,000 with the remaining $10,417 suspended pending compliance   The Order also imposes stipulated penalties of $1,000 per day for any future violations of today's Order.

4/10/12: MassDEP entered into a Consent Order with a $9,000 Penalty involving Walsh Environmental Services for Asbestos violations in Springfield. Walsh is a Massachusetts-licensed asbestos abatement contractor that was cited for violation of asbestos handling regulations.  MassDEP personnel investigated the asbestos removal operations that had been conducted at a single-family residence located in Springfield.  During the inspection, MassDEP discovered that Walsh had not properly handled and removed asbestos insulation from the basement of the property.  Under the terms of a settlement agreement with MassDEP, Walsh will pay $3,000 of the Penalty, with the remaining $6,000 suspended during a two-year probationary period.

4/10/12: MassDEP issued a $3,500 Penalty to Anthony J. Crea for Waste Site Cleanup violations in Pittsfield.  Crea  was penalized for his failure to comply with a previous Consent Order requiring the completion of the cleanup of contamination on his property.  The site is a  former gasoline station and auto repair facility located at 483 West Housatonic Street in Pittsfield. Several businesses now operate at this location.  Due to Crea's failure to comply with a previous Order, MassDEP fined Crea $4,500 dollars. Based upon settlement discussions with Mr. Crea, MassDEP reduced the penalty to $1,000 and suspended the remaining $3,500 dollars when Crea completed initial response actions and further agreed to complete the cleanup at his property by 9/30/11. Due to Crea's failure to complete the cleanup, MassDEP is now demanding the suspended remaining Penalty.

4/9/12: MassDEP entered into a Consent Order with Old Farm Road Water Trust due to elevated levels of perchlorate in Drinking Water.  The Trust operates a public water system in Dover where a number of routine and follow-up samples collected at the bedrock well show perchlorate above the maximum contaminant level (drinking water standard) and prompted a Unilateral 'Do Not Drink' Order from MassDEP.  This system has been trucking in water since the detection of perchlorate, and under today's Order the Trust has agreed (within ninety days) to submit to MassDEP a written proposal to address elevated perchlorate level. Following MassDEP's review and approval, the Trust will implement the approved option within thirty days of the approval.

4/6/12: MassDEP entered into a Consent Order with International EC, LLC, for Drinking Water and Wastewater Discharge violations in Granby. The LLC was in noncompliance at the MacDuffie School facility as it pertains to drinking water and wastewater regulations.   The School's facility plans to increase its student population over time, but has current facility site limitations and noncompliance with certain standards. Today's Order provides a schedule for providing sufficient drinking water and a schedule with a professional engineer's oversight for interim and final corrective actions to manage its wastewater.

4/6/12: MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the Highlands at Holliston. Commissioner Kimmell's Final Decision incorporates the petitioner's notice of withdrawal with prejudice, and dismisses the appeal.

4/5/12: MassDEP issued (4) four Unilateral Cease-and-Desist Orders to  Cabot Place Office Condominiums in Stoughton. MassDEP issued the Orders to 5 Cabot Place, LLC; Four Cabot Place Office Condominium Association, Inc.; Six Cabot Place Office Condominium Association, Inc. and Seven Cabot Place Office Condominium Association, Inc.  The four have been ordered to cease and desist from discharging wastewater to the ground from a failed sewage pump station.  The discharge is in direct violation of the ground water discharge permit regulations.

4/4/12: MassDEP issued a Unilateral Order to South Hadley Landfill, LLC, for Solid Waste compliance issues at the landfill in South Hadley. The Order requires the completion of a geotechnical assessment of a crack/fracture that has been observed in the mechanically stabilized earthen berm (cell 2D) at this landfill.

4/4/12: MassDEP executed a Consent Order with a $7,500 Penalty involving New England Power Company for Wetlands violations at 102 Middle Road in Amesbury.  The violations include alterations to approximately 1,200 square feet of bordering vegetated wetlands and approximately 6,424 square feet of riverfront area and 180 linear feet of bank and land under water due to erosion and sedimentation resulting from construction at the 'West Amesbury Substation.'  MassDEP previously issued two cease and desist Unilateral Orders to New England Power that requires measures to prevent erosion and sedimentation. Today's Order is in response to violation of MassDEP's Order, and were also cited in MassDEP's second Order. Today's document requires site stabilization, full restoration of all resource areas, including approximately 20 cubic yards of sediment removal from land under water and, long-term monitoring.  New England Power will pay the full $7,500 Penalty.

4/4/12: MassDEP entered into a Consent Order with the town of Mendon to address Water Supply Regulations. Today's Order contains an enforceable schedule to provide an approved, non-transient non-community public water system for the Mendon Town Hall and municipal buildings, and transient non-community public water systems for the Mendon Senior Center, Mendon Memorial Field, and the Mendon Town Beach.  Today's Order requires the town to operate the on-site wells at all locations in accordance with the requirements for a public water supply which include hiring a certified operator, carrying out monitoring programs, documenting well construction details, metering water use, completing cross-connection requirements, developing emergency response plans, and developing a lead and copper sampling plan for Mendon Town Hall.  Today's Order further requires that any future expansion or modification of the systems must be approved by MassDEP.  This action will ensure that anyone served by these Public Water Systems will continue to receive water that is safe and fit to drink.
  
4/4/12: MassDEP executed a Consent Order with AMOTEK, Inc. for the former Gorham/Mt. Vernon Silver site, former Gorham/Mt. Vernon Silver facility at 64 Water Street in Attleboro for Waste Site Cleanup violations. The company was cited for failure to comply with the deadlines established in a Notice of Audit Findings/Notice of Noncompliance that MassDEP previously issued.  MassDEP issued that NON after it identified violations of the requirements associated with the 'Activity and Use Limitation (AUL)' that pertains to this site.  MassDEP found the violations during an audit of the cleanup actions taken at this site, and established a 120-day deadline in the NON for the correction of these AUL violations.  Prior to the expiration of the deadline established in the NON, MassDEP received a request from AMOTEK, Inc. for additional time to address the AUL violation.  Today's Order establishes a deadline to correct the AUL violations.  

4/3/12: MassDEP entered into a Consent Order with a $14,370 Penalty involving Cobra Enterprises, Inc. for Solid Waste violations at 1705 Ocean Street in Marshfield. MassDEP determined that Cobra had conducted unpermitted post-closure use activities at the site of the closed/capped Sylvester Ray landfill located off Clay Pit Road in Marshfield.  The unapproved post-closure use included soil screening and materials storage operation on top of the capped landfill's surface. In response to the finding of violations, Cobra promptly ceased the unpermitted activities and instituted appropriate repairs to the landfill's surface.  The full Penalty will be offset by a Supplemental Environmental Project (SEP) that requires Cobra to provide the town of Marshfield new storm water drainage controls at/near the entrance of the town's municipal solid waste transfer station (and the closed/capped landfill).  

4/2/12: MassDEP issued a Unilateral Cease-and-Desist Order to J. Kerrissey, LLC, for Solid Waste violations in Hanson. J. Kerrissey was ordered to cease crushing concrete debris at 18 Franklin Street in Hanson. This activity requires a permit under the Solid Waste regulations. Kerrissey, LLC was found to be in violation of handling solid waste without valid site assignment and without a permit.  In addition to the solid waste regulation violations, the crushing operation was creating dust that resulted in a resident complaint.

4/2/12: MassDEP entered into a Consent Order with a $5,000 Penalty involving Dustin Bernier for Air Quality and Solid Waste violations in Goshen.   On 10/4/11, MassDEP was notified by the Goshen Fire Department of an unpermitted outdoor fire in the yard of a house behind the fire station.  Response by the fire department revealed a large open-air trash fire in the side yard of Bernier's residence.  The solid waste included building materials, metal, plastic, fabric and other household refuse, including a large sofa cushion.  Bernier, who was penalized by MassDEP in 2009 for similar violations, has entered into today's Consent Order with MassDEP, in which he agrees to cease conducting illegal open burning and to pay a penalty of $2,000.  MassDEP has agreed to suspend the remaining $3,000 of the Penalty pending Bernier's compliance with the terms and conditions of the Order.

4/2/12: MassDEP entered into a Consent Order with an $8,700 Penalty involving Site Management Group, Inc. for Asbestos violations at 3 Seal Cove Road in Hingham.  MassDEP determined during an investigation that the respondent contracted with RIS to perform demolition and asbestos removal activity from 3 Seal Cove Road in Hingham.  RIS subcontracted with AEI to perform asbestos removal at the Site. MassDEP determined during the investigation that AEI was not a licensed asbestos removal contractor in the Commonwealth. MassDEP determined that neither the respondent nor AEI notified MassDEP of asbestos abatement at the site. Under today's Order, Site Management Group will pay $4,000 and $4,700 will be suspended for a period of two years. The small business policy was utilized in reaching this settlement.

4/2/12: MassDEP entered into a Consent Order with $37,200 Penalty involving Clean Environmental, Inc. (CEI) for Asbestos and Solid Waste violations in Somerville, Worcester and Revere. MassDEP responded to a complaint/request from City of Somerville officials of improper asbestos removal at 20 Thorndike St. in Somerville. MassDEP determined during the investigation that CEI had improperly removed asbestos containing materials at the site. MassDEP also determined that CEI failed to notify MassDEP prior to commencing asbestos abatement. Mass State Police also stopped a motor vehicle operated by an employee of CEI and observed during the vehicle stop approximately 20 unlabeled bags of asbestos containing waste material in the rear of the pickup truck. It was determined that the waste observed in the pickup truck originated from 2 Wilkinson Avenue in Worcester.  Loose, dry, friable, asbestos containing material was observed during a subsequent inspection of that Worcester address by MassDEP. CEI was instructed to re-clean the basement of the Worcester site. During the ongoing investigation of the incident involving Mass State Police and DEP, it was determined that the improperly packaged waste was being transported to a waste trailer at 22 Whitten Avenue in Revere.  MassDEP personnel inspected the waste trailer at the Revere address. During the inspection MassDEP observed dry asbestos containing waste material in containers which were not leak tight. In addition, the CEI was storing asbestos containing waste material in violation of the Solid Waste regulations at the Revere address   As a result of the violations and under today's Order, CEI will pay $10,000 and $27,300 will be suspended for a period of two years. As part of the settlement CEI has agreed to full compliance with Air Quality and Solid Waste regulatory requirements.

4/2/12: MassDEP entered into a Consent Order with a $4,000 Penalty involving Dedham Housing Authority for Asbestos violations at 104 Veteran's Road in Dedham.  MassDEP responded to a complaint of improper asbestos removal at 104 Veterans Road in Dedham. MassDEP determined during the investigation that the respondent had improperly damaged asbestos containing materials at the site during a furnace replacement project. MassDEP determined that the respondent did not properly handle asbestos containing materials during said project.  As a result of the violations observed by MassDEP, and under today's agreement, the $4,000 Penalty will be suspended for a period of one year. The respondent will properly complete the approved cleanup within 30 days.

4/2/12: MassDEP entered into a Consent Order with a $9,500 Penalty involving the city of Gloucester's Department of Public Works for Wastewater Management violations. The city's DPW failed to report sanitary sewer overflow and the improper waste disposal from the city's vac-truck and an apparent lack of wastewater capacity in the city's west Gloucester sewer system.  The full Penalty suspended provided there are no violations of the Consent Order, or any additional violations of the regulations cited in today's Order. Today's Order requires the city to conduct a capacity study of the west Gloucester sewer system and submit an engineering report with recommended actions for MassDEP review and approval.  Within 30 days, the city must submit to MassDEP for review and approval a Standard Operating Procedure manual for the disposing of waste from the City's vac-truck.  The city must also submit a written plan to ensure full compliance with MassDEP reporting requirements for any future wastewater bypass incidents, any back-ups and/or overflows, which will be subject to MassDEP's review and approval.

March 2012

3/30/12: MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the case involving Wood Mill, LLC and MassInnovation, LLC.  The Commissioner issued a Final Decision upholding the Recommended Final Decision, which, in turn, held that the Petitioners (WoodMill as owner; MassInnovation as operator) each be held liable in this asbestos Penalty Assessment Notice appeal and that part of the Penalty assessed to each be upheld (the penalties were reduced from $109,875 and $137,000, respectively, down to $40,575 and $52,000 respectively). This case involved the appeal of two Penalty Assessment Notices, which were issued to MassInnovation and Wood Mill for alleged violations of the asbestos regulations which occurred during a demolition and renovation project that sought to convert 1.3 million square foot historic mill building at 250 Merrimac Street, Lawrence into residential (high end apartments) living space. During a routine inspection of the Wood Mill building in March 2007 it was determined by MassDEP personnel that asbestos containing material had not been removed prior to demolition on the 6th floor and asbestos was improperly removed and dumped out of the 6th floor windows into the rear area of the building.  During a follow up inspection in April 2007, it was determined that a sub-contractor had improperly excavated around the exterior of the building impacting friable asbestos insulated pipe on three separate occasions.  This excavated asbestos-containing material was mixed with other excavated material and dumped into stockpiles on the back side of the building.  During subsequent inspections in June 2007 and August 2007 MassDEP personnel also found significant areas of contaminated soil and debris piles which were not covered, revealing loose, dry friable asbestos containing insulation that was exposed to the ambient air in multiple locations.

3/28/12: MassDEP executed a Consent Order with a $2,875 Penalty involving Whalen Restoration Services, Inc. for Groundwater Discharge violations in Dennis.  MassDEP identified the violations during an inspection conducted in January 2012.  Based on observations, information provided by EPA, and review of local and MassDEP records, MassDEP determined there was a violation of the groundwater discharge regulations regarding truck wash water and tank wash/rinse water discharge.  Whalen immediately ceased this discharge and has implemented corrective work practices to prevent this discharge.  

3/28/12: MassDEP entered into a Consent Order with a $1,720 Penalty involving Granite Realty Corp. for Hazardous Waste Management violations in Fall River. Violations were identified during MassDEP inspections conducted in December 2011.  MassDEP observed numerous drums stored at the facility and identified violations of the hazardous waste regulations regarding generator registration, and the storage requirements.  Granite Realty Corporation immediately hired a contractor to characterize the waste and dispose of the drums.  Today's Order requires Granite Realty Corporation to register as a generator of hazardous waste, comply with the applicable storage and disposal requirements and pay the full Penalty.    

3/28/12: MassDEP entered into a Consent Order with an $11,500 Penalty involving Pulte Homes of New England, LLC for Groundwater Discharge violations in Marshfield. The discharge is regulated by MassDEP under a ground water discharge permit.   Pulte Homes of New England LLC, holds the permit for on-site wastewater treatment facility (WWTF) at the Spyglass Landing Condominium complex. Today's Order establishes timelines for the WWTF to come into compliance with its permit limits by either improving the operations to the current WWTF or by constructing upgrades to the WWTF.   

3/28/12: MassDEP and the Mass Attorney General entered into Consent Orders with four (4) Multiple Companies for Asbestos violations. The companies have been ordered to pay the Commonwealth up to $80,000 in civil penalties for the improper removal and disposal of asbestos-containing pipe insulation and ceiling tiles at the former Lowell Sun newspaper building in Kearney Square. The Massachusetts Attorney General Martha Coakley announced that a complaint was filed today in Suffolk Superior Court, against JDL Incorporated of Dracut; Sun Building; Kearney Square Properties; and, TopNotch Homes, all limited liability companies in Tewksbury, who violated the state's Clean Air Act by removing and disposing of asbestos-containing pipe insulation and ceiling tiles without using proper containment procedures to prevent the release of asbestos. The companies also failed to provide the required notifications to MassDEP.  The settlement, also filed and approved by the court today, requires the current owners of the property (Sun Building and Kearney Square Properties) and their demolition contractor (JDL, Inc.) to pay a civil penalty of $80,000 for the alleged violations, $30,000 of which may be forgiven if the defendants comply with the judgment in the case.

3/23/12:  MassDEP and the Registry of Motor Vehicles (RMV) executed settlement documents with Charles Daher's Commonwealth Motors, Inc. regarding fraudulent vehicle inspections conducted in 2011 at its facility at 1 Commonwealth Drive, Lawrence. Commonwealth Motors will pay a $16,000 penalty, of which $4,000 will be suspended pending compliance with today's Order.  Additionally, in a Last-Chance-Agreement with RMV, Commonwealth Motors agreed to a two-year suspension (probation) of its inspection license.   Henceforth, any violation of the LCA in that two-year period could result in complete revocation of the inspection license.

3/23/12: MassDEP executed an Amended Consent Order with Julia A. Martino and Robert W. James for Waste Site Cleanup violations at 101 Rear Foster Street in Peabody.  Martino and James are trustees of Consolidated Equipment Realty Trust, the owner of the aforementioned property.  MassDEP found a failure to achieve a final Response Action Outcome (RAO) or Remedy Operation Status (ROS) by the March 1, 2012 deadline established in a previously agreed Consent Order as executed with MassDEP on 12/10/10.  A new deadline was established in today's Order in which the owners will return the site to compliance with the submittal of a RAO or ROS by 9/1/12.

3/23/12: MassDEP entered into a Consent Order with a $5,350 Penalty involving Nick Sperpolous for Asbestos and Solid Waste violations in Brockton.  Sperpolous contracted for the disposal of a special waste (asbestos) at a transfer station not permitted to accept that material. The material was not properly containerized and not labeled correctly as asbestos material.  The Order has a penalty of $5,350 which was entirely suspended under MassDEP's Homeowner Policy.  

3/22/12: MassDEP issued a Drinking Water Supply Emergency for Leland Farms in Sherborn. MassDEP took the action in response to lack of water in the public water system's distribution system.  The Leland Farms was required to immediately implement the prohibition on nonessential water use and evaluate the conditions of the well and distribution system.

3/21/12: MassDEP entered into a Consent Order with Grapevine Grille regarding Water Supply violations at its facility in Belchertown. Today's Order follows repeated, elevated levels of total coliform bacteria as defined in the state's maximum contaminant levels.  The Grapevine Grille serves as a public water system.  Today's Order addresses needed response actions should another exceedance occur in the next twelve months, including the disinfection until the cause of contamination is identified and corrected.

3/21/12:  MassDEP entered into a Consent Order with a $1,000 Penalty involving Pine Tree Realty Trust for Waste Site Cleanup violations in Fitchburg. Pine Tree Realty Trust failed to meet response action deadlines for the so-called phase two, or comprehensive site assessment; the phase three, or remedial action plan; and, the phase four, or remedy implementation plan.  Today's Order establishes new deadlines for submittal of the comprehensive response action reports and final response action outcome statement by no later than 8/1/13. MassDEP has agreed to fully suspend the Penalty based upon MassDEP's small business policy and financial hardship, provided that the terms of today's Order are met.

3/20/12: MassDEP executed a Consent Order with a $30,000 Penalty involving Boott Properties LLC for Waste Site Cleanup violations at 130 John Street in Lowell.  Specifically the violations were for failure meet deadlines set out in a previously-issued notice of noncompliance issued by MassDEP on 10/28/11. Today's Order requires a phase one assessment report and a tier classification (permit) submittal by 11/30/12. MassDEP has agreed to suspend $25,000 of the Penalty with a stipulated penalty provision for any missed deadlines.

3/20/12: MassDEP entered into a Consent Order with a $3,262.50 Penalty involving South Shore Health and Educational Corporation for Asbestos violations in Weymouth. South Shore Health and Educational Corporation was in noncompliance with Solid Waste Regulations for contracting for disposal of a special waste (asbestos) at a transfer station not permitted to accept that material.  The Order requires the Party to pay a $1087.50 Penalty within 30 days and to complete a Supplemental Environmental Project (SEP) in which workers will receive asbestos awareness training. This SEP has a value of $3262.50 and will be completed within six months.

3/19/12: MassDEP executed a Consent Order with Preservation Mill, LLC for Waste Site Cleanup violations in Fitchburg. The Preservation Mill, LLC has agreed to submit by 11/30/12 a final response action outcome statement.  Preservation Mill agreed to enter into today's Order to complete cleanup of the site and maintain this, the original RAO deadline, established in a previous Order with another (previous) responsible party known as Willow Street Trust.

3/19/12: MassDEP issued a $15,000 Penalty to Service Transport Group, Inc. for Asbestos violations in Fitchburg and Westfield.  MassDEP determined during inspections that Service Transport Group, Inc. ("STG"), a Delaware carrier/shipping company, violated the state asbestos regulations at the sites in Fitchburg and Westfield where asbestos abatement work was to be conducted.  During the inspections, MassDEP determined that STG had delivered a roll-off container and a waste trailer to both sites, both of which were contaminated with asbestos-containing materials.  In a Consent Order with MassDEP, STG agreed to develop and implement a program to prevent similar violations of the asbestos regulations from recurring in the future.  The company will pay $10,000 of the Penalty, the balance of which will be suspended provided that STG complies with the Consent Order and remains in compliance with the state asbestos regulations for a one-year period.

3/16/12: MassDEP entered into a Consent Order with the Upper Cape Cod Regional Technical School for Groundwater Discharge violations in Bourne. MassDEP staff from the Cape Cod office completed today's Order with Upper Cape Regional Technical High School in Bourne putting the facility on a five-year schedule for compliance with its Groundwater Discharge permit. Today's Order establishes the need for a wastewater treatment facility to serve this school complex.  Upper Cape, which has cooperated, views this as an opportunity to bolster its environmental studies program by having hands-on training for wastewater treatment operations as part of its curriculum.

3/16/12: MassDEP issued a $53,937.50 Penalty Assessment Notice to Allan I. Kupelnick for Asbestos violations in Worcester. Kupelnick, of Brookline, was issued the Penalty for violations found during an April 2010 inspection of a multi-family rental property that he owns in Worcester. MassDEP inspectors responded to a complaint from City of Worcester Fire Prevention code inspectors. During that inspection, MassDEP observed that Kupelnick's property manager had improperly removed asbestos-containing insulation from the boiler and pipes at 32 Birch Street in Worcester. Dry, friable asbestos waste materials were observed uncontained on exterior stairs, in a first floor landing area, and in other areas frequented by tenants, as well as uncontained on the basement floor.  Prior notification had not been provided to MassDEP for the asbestos removal work as is required. Today's Penalty was issued after repeated attempts to reach a negotiated settlement were unsuccessful.

3/16/12: MassDEP issued a $53,937.50 Penalty Assessment Notice to Stephen W. Seney for Asbestos violations at 3-5 Walton Street in Fitchburg. MassDEP found the violations during a March 2010 inspection of a multi-family rental property Seney owns in Fitchburg.  MassDEP inspectors responded to a complaint from the City of Fitchburg Board of Health, and observed that Seney had improperly removed asbestos-containing insulation from the boiler and pipes at 3-5 Walton Street in Fitchburg.  Significant quantities of dry, friable asbestos insulation were observed uncontained on the ground outside the property, in areas frequented by tenants, and uncontained on the basement floor. Prior notification had not been provided to MassDEP for the asbestos removal work as required. Today's Penalty was issued after repeated attempts to reach a negotiated settlement were unsuccessful.

3/16/12: MassDEP entered into a Consent Order with a $6,250 Penalty involving 540 Groton Road, LLC, for Wetlands violations at Groton Road in Chelmsford along the Westford line. MassDEP found that this LLC altered approx. 500 square feet of bordering vegetated wetlands.   The LLC has agreed to restore no less than 4,250 sq ft of BVW, adopt proper storm water and snow clearing/storage operations, and pay $2,500 of the Penalty with the remaining $4,000 suspended pending compliance.

3/15/12: MassDEP entered into a Consent Order with a $9,000 Penalty involving Valhalla Property Enterprises for Wetlands violations in Hadley. The violations were in connection with the placement of crushed asphalt into approximately 4,200 square feet of Riverfront Area.  Valhalla has agreed to corrective actions and agreed to the Penalty.  MassDEP has agreed to suspend $8,100 of the Penalty, contingent upon Valhalla's construction of a wetland mitigation area for which the company has already prepared and submitted a plan.

3/15/12: MassDEP entered into a Consent Order with a $1,380 Penalty involving FM Emergency Generator, Inc. for Hazardous Waste Management violations in West Springfield. The company has agreed to resolve violations which were discovered during an inspection conducted at the company's facility located in West Springfield.  MassDEP observed that the company was generating waste oil in excess of its registered generator status; transported waste oil to its facility that was generated off-site by its customers without a license; did not properly mark and label containers of waste oil; did not delineate and post a sign ('hazardous wastes') in areas where hazardous wastes/waste oil were being accumulated; and, did not mark its used batteries (Universal Waste) at its storage areas.  The company has fully cooperated with MassDEP and corrected the violations shortly after the inspection and will pay the full Penalty amount.

3/15/12: MassDEP issued a Unilateral Order to J. Kerrissey, LLC for Solid Waste violations in Hanson. J. Kerrissey, LLC, which is based in Plymouth, was in noncompliance with Solid Waste Regulations for establishing and maintaining a dumping ground by accepting solid waste material at an unpermitted location in Hanson.  Today's Order requires the company to immediately stop accepting solid waste material.

3/15/12: MassDEP entered into a Consent Order with a $2,875 Penalty involving Cumberland Farms for Waste Site Cleanup violations in Fairhaven.  During a site inspection at a Cumberland Farms Store in Fairhaven, MassDEP screened for off-gas emissions from a Soil Vapor Extraction (SVE) system to evaluate the effectiveness of the system's off-gas controls. The screening results revealed that the off-gas controls were failing to remove 95% of volatile organic compounds prior to discharge as required. Cumberland Farms was also cited for failure to complete a phase two site assessment sufficient to adequately characterize the risk to human health posed by this release.  Today's Order was issued to Cumberland Farms to resolve the compliance issues and includes the full Penalty.

3/14/12: MassDEP issued a Unilateral Order to the University of Massachusetts Dartmouth School for Marine Science and Technology (SMAST) in Mashpee. MassDEP ordered SMAST to cease and desist alterations to salt marsh at South Cape Beach in Mashpee.  The Wetlands Protection Act regulations (salt marsh) pertaining to performance standards explicitly state that there shall be no destruction of salt marsh. SMAST staff and/or students altered approximately 100 feet of salt marsh at that location as part of a research project.  A separate letter will be sent to schedule a meeting with SMAST to discuss restoration activities that will be required at all locations where the alteration has occurred.

3/13/12: MassDEP entered into a Consent Order with a $19,050 Penalty involving the National Restoration Systems, Inc. for Asbestos violations at the Boston Common Garage in Boston. MassDEP staff responded to a complaint/request from City of Boston Public Safety officials regarding a possible improper asbestos removal at the Boston Common Garage in Boston.   MassDEP determined during the investigation that the company had improperly removed asbestos containing materials at the site. MassDEP determined that the company failed to notify MassDEP of asbestos abatement at the site.  As a result of the violations observed by MassDEP, the company was assessed the Penalty.  The company will pay $9,500 and $9,550 will be suspended pending compliance for a period of one year.

3/13/12: MassDEP entered into a Consent Order with a $1,265 Penalty involving Camp Anderson Foundation for Water Supply violations in Shutsbury.  Camp Anderson is the operator of the Pine Brook Camp and Conference Center in Shutesbury to address the Camp's failure to undertake requirements outlined in a sanitary survey and notice of noncompliance as issued by MassDEP.  The actions include: sampling taps, a certified operator, a cross-connection survey and other "housekeeping matters."  Although some of the requirements of the sanitary survey were met, additional requirements had not been addressed.  Today's Order sets forth a schedule for compliance and suspends a penalty of $1,265.00.

3/12/12: MassDEP entered into a Consent Order with a $5,700 Penalty involving Curtiss-Wright Controls, Inc. for Air Quality, and Hazardous Waste Management violations in Littleton. The company failed to comply with its air quality plan approval, and failed to post a sign that delineated its hazardous waste accumulation area.  Today's Order requires the company to maintain compliance with all applicable regulations and pay the full Penalty.  This action will help ensure compliance with applicable regulations, and improve the air quality in the area surrounding the company.  

3/12/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving the LLC, Linear Retail Stow #1, for Water Supply violations in Stow.  This LLC has agreed to resolve violations that were identified as a result of a 10/13/11 incident that involved the over-feed of sodium carbonate into its public water system.  The water system is located at Stow Shopping Center on Great Road in Stow.  The over-feed resulted in elevated pH levels, and created uncertainty about the safety and fitness of the drinking water supply.  MassDEP immediately issued a DO NOT USE Order that remained in effect until the immediate violations were resolved.  Today's Order requires upgrades to the alarm system and the chemical feed process as an interim safeguard, as well as the submission of a system modification permit application for additional improvements and upgrades to the public water system.  This action will ensure that anyone served by this (non-transient, non-community) public water system will continue to receive water that is safe and fit to drink.  

3/12/12: MassDEP issued a Final Decision in the matter of James M. Knott.  The decision held that the petitioner failed to timely notify MassDEP of a release as defined under Massachusetts Waste Site Cleanup requirements, and specifically finding the penalty assessed by MassDEP for this violation was not excessive.

3/7/12: MassDEP issued a  $7,800 Penalty Assessment Notice and Unilateral Order to Joseph W. Machie for Wetlands violations in Freetown. The violations occurred at the Machie residence at 15 Martin Road in Freetown. MassDEP investigated the property on multiple occasions since 2006 when complaints were received from a concerned neighbor.  Machie has been issued two prior Unilateral Orders from this office ordering him to cease and desist activity within wetlands jurisdiction.  Filling, cutting and grading has continued without necessary permits and the prior Orders were disregarded.  An Administrative Consent Order with Penalty was issued to Machie during 2011 in an attempt to cooperatively implement a remediation plan to restore the altered wetlands; however, Machie refused to enter into agreement.

3/6/12: MassDEP executed a Consent Order with Chelsea North LLC for Waste Site Cleanup violations at 240 Maple Street in Chelsea.  Chelsea North LLC is the owner and/or operator of the property. The specific Waste Site Cleanup violations were failure meet deadlines set out in the regulations and in notice of noncompliance issued by MassDEP on 11/18/11. Today's Order requires the company to submit a phase two by 10/15/12, and - if necessary - phase three report by 12/31/12.  There is also a final response action outcome statement due by 12/30/13. There is also a stipulated penalty provision for any missed deadlines.

3/5/12: MassDEP executed a Consent Order with a $3,500 Penalty involving BTI Special Commodities, Inc. for Waste Site Cleanup violations at the Lee Travel Plaza (eastbound) on the Massachusetts Turnpike. BTI is the owner and operator of a tractor-trailer who failed to immediately notify MassDEP of a 7/12/11 release of diesel fuel at the Lee Travel Plaza eastbound on the Massachusetts Turnpike.   The BTI driver was aware that his truck was leaking diesel fuel at about 7:30 AM on that date, and contacted a repair company. The leaking truck was then moved to another area of the travel plaza.  The driver did not alert the travel plaza operator or any Massachusetts agencies of the spill.  Massachusetts Department of Transportation investigated the spill after being contacted by Massachusetts State Police and subsequently notified MassDEP of the spill at 10:57 AM on that date.  MassDEP responded to the travel plaza on that date, confirmed that a reportable release had occurred, and interviewed the BTI driver to confirm the statement of facts previously provided to the MassDOT representative.   When contacted by MassDEP regarding the spill, BTI's corporate office quickly retained a contractor to clean up the spill.  In order to resolve the violation, BTI provided copies of its driver training program, and issued a reminder notice on reporting releases of oil and/or hazardous materials to its drivers.  BTI also agreed to pay the $3,500 Penalty.

3/5/12: MassDEP entered into a Consent Order with a $5,625 Penalty involving Baystate Medical Center for Solid Waste violations in Springfield.  MassDEP found that Baystate Medical Center failed to address violations involving the disposal of regulated medical waste.  As part of the agreement Baystate will pay the $5,625 Penalty and complete a Supplemental Environmental Project (SEP) valued at $22,500.   Under this SEP the Medical Center will provide sharps collection supplies and literature for 19 health departments in Hampden County to assist those communities in implementing Massachusetts Department of Public Health required residential sharps disposal programs by July 2012.

3/2/12: MassDEP entered into an Amendment to an existing Consent Order with Gloucester Transit Mix for Waste Site Cleanup violations at Emerson Avenue in Gloucester. The violations were associated with a final response action outcome (RAO) statement submitted to MassDEP on 4/19/11.  Following that, however, MassDEP audited this RAO indicated four violations. The company had submitted this RAO to comply with a previous Consent Order with MassDEP.  Now, under today's Amendment to that Order, Gloucester Transit Mix is required to submit a phase two, phase three and phase four (assessment through remedy) as conditions require. The Amendment sets a reasonable schedule for site investigations and document submittal.

February 2012

2/29/12: MassDEP executed an Amendment to an existing 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 at 50 Brighton Street, Belmont. Today's Amendment extends the deadlines in the original Order as follows and requires respondent to submit: by 5/1/12 a phase three report that addresses each reported release at the site; by 7/1/12 a phase four remedy selection report that addresses each reported release at the site; and, by 7/1/13, a final response action outcome statement for the site that addresses each reported release at the site and meets the requirements, or a remedy operation status that addresses each reported release. Today's Order also contains a stipulated penalty provision for any missed deadlines.

2/24/12: MassDEP entered into a Consent Order with a $7,500 Penalty involving John and Kathy Whalley regarding Wetlands violations in Southwick. MassDEP found the violations included riverfront alterations that extended beyond the limit of work for a permitted project, the developing of a park. Approximately 1,075 square feet of riverfront area vegetation was cut during the development of a park that the Whalleys intended to donate to the town of Southwick. Under the terms of today's Order, the Whalleys are required to provide for the restoration of the altered area and payment of $1,500. Provided those terms are met, MassDEP has agreed to suspend the remaining $6,000 of the Penalty.

2/24/12: MassDEP entered into a Consent Order with a $36,625 Penalty involving Clifford J. Schorer III CJS Holdings II, Inc. of Southborough and 2 Commercial Street Realty Trust of Provincetown, for Asbestos violations during March 2010 inspections conducted in Southborough and Provincetown. MassDEP inspectors observed that Schorer had improperly removed asbestos-containing insulation and asbestos-containing transite panels from a building located at 2 Commercial Street in Provincetown, and then brought the asbestos-containing waste to his company's Southborough location which is not an approved asbestos waste storage/disposal facility. The asbestos-containing waste was dry, not sealed in leak-tight containers, and was not marked with the required asbestos warning labels. Additionally, no notification had been provided to MassDEP for the asbestos removal work. Under the terms of the ACOP, the aforementioned parties will pay $4,000 of the Penalty, while $32,625 of the assessed penalty will be suspended provided that there are no further violations for one year.

2/24/12: MassDEP issued a $4,830 Penalty Assessment Notice to South Hadley Landfill, LLC for violations in South Hadley. The operator was issued the Penalty for recurring, verified off-site odors.

2/23/12:  MassDEP issued a Superseding Order of Conditions relative to a Nantucket filing seeking to work in a Wetlands Resource designated area. regulations. MassDEP issued a Superseding Order of Conditions to Barbara Heneghan affirming the previous denial by the local Conservation Commission. Heneghan had sought to develop a single family home with a tight tank on a Coastal Beach, Coastal Dune and within Land Subject to Coastal Storm Flowage. The site is located with Estimated Habitat of Rare and Endangered Species. It was determined that the project would have both short and long term adverse impacts on a state listed rare wildlife species. In MassDEP's decision, the project cannot be conditioned to meet the performance standards of the Wetlands Protection Act Regulations.

2/22/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving Lifecycle Renewables, Inc. for Air Quality violations at the company's 9 Commercial Street in Everett. MassDEP found the violations occurred during the company installation of a vegetable oil fired/internal combustion engine. This was done prior to receipt of written MassDEP approval of the company's pending application. Installation of such equipment without this approval is a violation. Lifecycle Renewables will pay $2,875 of the Penalty and MassDEP has agreed to suspend the remaining $2,875 pending the company's compliance with the terms and conditions of today's Order.

2/22/12:  MassDEP entered into an Amendment to an existing Consent Order with the Trustees of Boston College for Air Quality violations at its facilities in Chestnut Hill, Newton and Weston. The Trustees agreed to violations concerning twenty-nine (29) diesel-fired, emergency engines at its 140 Commonwealth Avenue, Chestnut Hill campus, and at its Newton and Weston facilities. The original Consent Order had required BC, to identify all emergency engines at its several facilities and to bring them into compliance. However, as presently configured and operated, the emissions from the 29 emergency engines are causing or contributing to a condition of air pollution, a violation of the Air Pollution Control Regulation. Working cooperatively with BC, MassDEP engineers made several site visits and developed several compliance pathways for the non-compliant engines. Today's Amendment requires BC to take the following steps: one, increase the exhaust stack heights serving several of the engines, and/or design several of the stacks to provide vertical exit points with proper rain protection, so that those engines' exhaust emissions will not adversely impact students, faculty and the public; two, replace several old emergency engines with state-of-the-art engines that comply with state engine regulations and take three engines out of service; and, three retrofit several engines with active diesel particulate matter filters. Today's Amendment sets a reasonable schedule for BC to bring the engines into compliance with the regulatory requirements.

2/17/12: MassDEP entered into a Consent Order with a $5,350 Penalty involving Callahan, Inc. for Asbestos violations at Hanover High School in Hanover. Callahan, Inc., which is based in Bridgewater, was in noncompliance with Air Quality regulations, specifically the failure to notify MassDEP prior to the removal of asbestos. Also, Callahan did not properly containerize the asbestos containing material at the Hanover High School in Hanover.

2/16/12: MassDEP entered into a Consent Order with a $12,645 Penalty involving the MBTA Route 128 Intermodal Transportation Facility for Wastewater Management violations on the Dedham-Westwood border. The MBTA, as owner and operator of a wastewater pump station serving the Route 128 Intermodal Facility, failed to maintain and adequately operate the pump station caused extensive sewage ponding on the ground floor of the parking facility for a period of several weeks as well as back-ups to the public restrooms inside the train station. MBTA and Amtrak commuters were impacted on a daily basis, having to drive through, park in and walk through areas of ponding sewage, in some places several inches deep. Handicap parking spaces were inaccessible due to the ponding. Water samples were taken and analyzed by MassDEP for bacteria, ammonia and detergents. All sample results strongly indicated the presence of sewage. Today's Order requires the MBTA to develop and submit for MassDEP review and approval an Operations and Maintenance plan for the wastewater and stormwater utilities on-site. After MassDEP's inspection and prior to execution of today's Order, the MBTA took corrective actions to return the pump station to operational status. The MBTA will pay $6,322.50 payable to the Commonwealth within 30 days and the remainder suspended provided there are no violations of the Order.

2/16/12: MassDEP entered into a Consent Order with a Consent Order with a $25,870 Penalty involving Acton Sand and Gravel, LLP for Solid Waste violations in Acton. The violations involved the storage and disposal of brick and concrete rubble without having a site assignment from the Acton Board of Health, or a MassDEP-issued Solid Waste Permit. MassDEP staff most recently inspected the facility in October of 2011, and confirmed that the company was violating Solid Waste regulations by speculatively accumulating over time unprocessed brick and concrete rubble. The company has agreed to complete the clean-up on the site within one year, and to pay $20,696 of the Penalty. The remaining $5,174 will be suspended provided the company fully complies with the terms of today's Order.

2/14/12: MassDEP entered into a Consent Order with a $14,000 Penalty involving Pete's Sales and Service, Inc. for Hazardous Waste Management and Industrial Wastewater violations in Sheffield. Inspections of Pete's facility revealed violations that included: failure to label containers of waste oil; failure to keep waste oil containers closed; spillage of waste oil onto the ground; transporting waste oil without a license; and, discharge of industrial wastewater (truck wash water and storm water) in and onto the ground without a permit. Under today's Order, Pete's has agreed to correct the violations and to pay $8,000. MassDEP has agreed to suspend an additional $6,000 pending Pete's compliance with the terms and conditions of today's Order.

2/13/12: MassDEP entered into a Consent Order with a $2,000 Penalty involving B&B Contracting and Excavating, Inc. for Asbestos and Solid Waste violations in Fall River. B&B Contracting and Excavating was in noncompliance with Air Regulations for not filing notification with MassDEP for the demolition of a building and for not containerizing Asbestos Containing Material (ACM) at 1173 South Main Street in Fall River. In addition, Solid Waste Regulations were violated in that there was some burying of solid waste material generated by the demolished building on site.

2/13/12: MassDEP entered into a Consent Order with a $13,050 Penalty involving Tedesco Country Club for Asbestos violations at 154 Tedesco Street in Marblehead. MassDEP determined during an investigation that Tedesco had contracted with AEI to perform asbestos abatement at 154 Tedesco Street in Marblehead. MassDEP personnel determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and Tedesco had failed to notify MassDEP of asbestos abatement at the site. As a result of the violations, and under today's Order, Tedesco has agreed to pay $8,700 of the Penalty, and MassDEP has agreed to suspend $4,350 for a period of one year.

2/13/12: MassDEP entered into a Consent Order with a $30,100 Penalty involving Thomas M. Courtney and Nora Courtney for Asbestos violations at 3 Pond Road in Westford. The Courtneys are the owners of 3 Pond Road, in Westford where MassDEP responded to a complaint of improper asbestos removal. MassDEP determined during the investigation that the Courtneys had contracted with an unlicensed entity to perform asbestos abatement. MassDEP determined that the Courtneys had failed to notify MassDEP of asbestos abatement. As a result of the violations observed the Courtneys have agreed to pay $8,700 and if no additional violations occur, the remaining $21,400 will be suspended for a period.

2/7/12: MassDEP entered into an Amendment to an existing Consent Order with the town of Otis for Water Supply violations. The Amendment is concerning Otis' public water system that serves the Municipal Building and the Recreation Center to address the need for proper operator oversight, an emergency response plan, check-lists, monthly coliform sampling and submittal of annual statistical reports.

2/7/12: MassDEP has entered into a Consent Order with KLRC Realty Trust regarding compliance with Drinking Water regulations at the Westport Family Medicine Center in Westport. Today's Order has been finalized between KLRC Realty Trust, which owns the property on which the Westport Family Medicine Center is located and on which the future Prima Care facility will also be located. Under today's Order MassDEP provides the owners the regulatory path for the site approval of a compliant new public water supply source well. Prima Care violated the Drinking Water regulations by beginning construction of the new facility before finding a compliant source of water. The construction was approved by the town of Westport and allowed the new facility to use the current WFMC well. The new well will serve the current potable water needs of the WFMC and the future needs of the new facility. The public water supply source well that currently serves the WFMC has a noncompliant (insufficient) zone one protective radius. This well is experiencing increasing nitrate levels that are approaching maximum contaminant level. A new compliant water supply well with sufficient protection and monitoring will ensure water quality and will also bring the facility into compliance with Drinking Water regulations.

2/6/12: MassDEP executed a Consent Order with an $11,500 Penalty involving Bonollo Disposal, Inc., for Hazardous Waste and Solid Waste violations in Wrentham. During an inspection conducted in October 2011, MassDEP determined there were violations of the hazardous waste regulations regarding storage of waste oil and solid waste violations due to the storage of construction and demolition material. Bonollo has corrected the hazardous waste violations and has an aggressive schedule to remove the C&D material from the site for disposal in accordance with the regulations. Bonollo will pay $2,500 of the Penalty and MassDEP has agreed to suspend the remaining $9,000 of the Penalty provided Bonollo meets the deadlines as agreed in today's Order.

2/4/12: MassDEP conducted Waste Ban Compliance Professional Training. MassDEP has trained four employees of Bois Consulting to act as third-party waste ban inspectors for waste-to-energy facilities that need to demonstrate compliance with specific recycling requirements so they can qualify as Class II renewable energy generating sources. Facilities are required to contract with third-party inspectors who will observe arriving loads on randomly chosen days. Those inspectors will document any loads containing banned materials, and provide detailed quarterly reports to MassDEP. When an inspector identifies waste ban compliance problems, the agency targets the offending facility for compliance education, outreach, and technical assistance.

2/3/12: MassDEP entered into a Consent Order with a $3,000 Penalty involving Sirum Equipment Co., Inc., for Hazardous Waste, Industrial Wastewater and Solid Waste Management violations in Montague. Some of the violations discovered during a MassDEP inspection of its facility included the company's failure to properly manage its waste oil containers, transport waste oil from its customers without a license, storage of scrap tires for greater than 90 days and failure to register its industrial wastewater holding tank. Sirum, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. Sirum has agreed to pay $1,000 of the Penalty, with the additional $2,000 suspended pending the company's compliance with the terms of the agreement.

2/3/12: MassDEP entered into a Consent Order with an $860 Penalty involving the town of Gill concerning its public water system at the Gill Elementary School. The town of Gill owns the Gill Elementary School facility although the school is operated by the Gill-Montague Regional School District. MassDEP found that lead and copper samples were not collected and analyzed as required in 2010 and again in the January to June period of 2011. While the July to December 2011 samples were collected and analyzed, the absence of the earlier tests constitutes a violation. Today's Order requires public notice and collection of semi-annual samples in 2012. MassDEP has agreed to fully suspend the entire Penalty, pending demonstrated compliance with today's Order and drinking water regulations.

2/3/12: MassDEP entered into a Consent Order with a $5,000 Penalty involving the Eastern States Exposition for Underground Storage Tank Regulations in West Springfield. During an inspection of the facility, MassDEP observed, in addition to several violations of the underground storage tank regulations, Eastern States Exposition installed a new underground storage tank without installing Stage II (vapor recovery) system for the gasoline dispenser. Since being notified of the violations, Eastern States Exposition has fully cooperated with MassDEP and has replaced ball float valves on its underground storage tank with compatible overflow protection devices to meet the UST regulations, and installed the required Stage II vapor recovery equipment on its gasoline dispenser. As part of the administrative consent order, Eastern States Exposition will pay a penalty of $2,500 with the remaining $2,500 suspended pending its compliance with all terms of today's Order.

2/2/12: MassDEP executed a Consent Order with a $2,000 Penalty involving Sawyer Hill LLC, for Ground Water Discharge violations in Berlin. MassDEP determined the violations were occurring at Sawyer Hill LLC's facility, the Sawyer Hill Co-Housing Complex located off of Sawyer Hill Road in Berlin. Under today's Order, the owner is required to hire a wastewater specialist to review the existing treatment process and propose a schedule to provide operational modifications and physical upgrades to the existing ground water discharge system to bring it into compliance. MassDEP will review and approve the schedule for implementation. MassDEP has agreed to fully suspend the Penalty provided the owners demonstrate compliance with the terms of the Order. This action will result in the proper treatment of 21,000 gallons of wastewater per day.

2/2/12: MassDEP executed a Consent Order with a $2,415 Penalty involving the 28 Hastings Street Corporation for Water Supply violations in Mendon. Today's Order contains an enforceable schedule to provide an approved, non-transient,  non-community public water supply system for its five commercial buildings located at 1 Emerson Street and 28 Hastings Street. Today's Order requires the owner to operate the on-site wells in accordance with the requirements for a public water supply which include hiring a certified operator, carrying out a monitoring program, metering water usage, documenting well construction details, completing cross-connection requirements, developing best management procedures to protect the radius around the well (a/ka/ the zone 1), and record this as a public water system in the Registry of Deeds. Today's Order also requires that any future expansion or modification of the public water system must be approved by MassDEP. Finally, today's Order requires payment of a $2,415 Penalty. This action will ensure that anyone served by this Public Water System will continue to receive water that is safe and fit to drink.

2/2/12: MassDEP entered into a Consent Order with a $51,937.50 Penalty involving Anila and Lenard Taraj for Asbestos violations in Worcester. MassDEP determined Anila and Lenard Taraj responsible for numerous violations of Asbestos regulations at a residential property which Anila owns in Worcester. Under the terms of today's Order, the assessed Penalty will be fully suspended after a successful demonstration of the existence of financial hardship condition was made, and provided that there are no further violations for a period of one year.

January 2012

1/31/12: MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Wenham regarding Drinking Water violations. The Town had made structural improvements to its two public supply wells under a 2009 Consent Order. Those actions were taken to prevent bacterial contamination, but contamination issues were still occurring. The maximum contaminant level for total coliform bacteria was exceeded four times between September 2010 and October 2011 at which time an acute bacterial contamination event occurred. This last event necessitated a boil water order. Total coliform bacteria was detected in raw water samples from well number one in March, April, and October 2011, however  the presence of  e. coli was detected in a raw water sample from well number one in October 2011. Under the terms of the today's Order, the town will institute permanent disinfection treatment of the two wells that achieve four-log treatment (99.99%) of viruses. Disinfection that achieves three-log treatment (99.9%) of viruses will be maintained using emergency chlorination equipment until the permanent treatment is constructed. The Town will develop a management plan for more frequent turnover of water in one of its storage tanks, so that disinfection residual can be maintained. Under today's Order, MassDEP has agreed to completely suspend the Penalty.

1/31/12: MassDEP executed a Consent Order involving Bayview Loan Servicing, LLC, for Water Supply violations at 122 Main Street in Charlemont . Bayview Loan Servicing is the owner of a property, which was an unregistered community public water system. Today's Order addresses registration of this public water system with conditions and requirements including monitoring and having the proper oversight by a certified operator.

1/31/12:  MassDEP executed a Consent Order with a $5,750 Penalty involving the town of Southampton regarding Drinking Water violations in Southampton. Under today's Order the town is required to complete a cross connection program plan. Cross connections or backflow prevention between a potable water line and a non-potable water systems or equipment are a concern of MassDEP. The public water distribution system and the plumbing within a facility are continuously jeopardized unless appropriate backflow prevention devices are installed and maintained in accordance with regulations. MassDEP established regulations to protect the public health of water consumers from contaminants due to backflow events. In order to have a more effective cross connection control program it is required the cooperation and involvement of other city officials, such as: plumbing inspectors, fire chiefs, health agents and building inspectors. MassDEP has agreed to suspend the town of Southampton's entire penalty of provided the town remains in compliance with the provisions of the Order and Drinking Water regulations.

1/26/12: MassDEP executed a Consent Order with a $2,875 Penalty involving Cavossa Disposal Corporation for Hazardous Waste Management violations in Falmouth. MassDEP identified violations during an inspection conducted in August 2011 involving waste oil and the industrial waste water holding tank regulations. Specifically, the existing floor drain, the truck wash water discharge, and the storage of solid waste from off-site locations for more than one night. Cavossa subsequently corrected the hazardous waste and solid waste violations and ceased discharge of truck wash water. Cavossa will submit an Industrial Wastewater Holding Tank Compliance Certificate for the holding tank associated with the floor drains and pay the full Penalty.

1/24/12: MassDEP entered into a Consent Order with an $11,790 Penalty involving the town of Swampscott. Today's Order was executed in response to a major failure at the Town's Humphrey Street Pump Station, which resulted in untreated wastewater discharges to Fisherman's Beach in Swampscott. Today's Order includes requirements that the town makes the required repairs to the station, and provides the proper Operation and Maintenance activities. Today's Order also requires that $5,750 of the Penalty is paid and $6,040 will be suspended pending satisfactory completion of the remedial work.

1/24/12: MassDEP executed a Consent Order with Texas Instruments Incorporated for Waste Site Cleanup violations at Coopers Pond in Attleboro. The company failed to comply with the deadlines established in a Notice of Noncompliance (NON). MassDEP identified violations for failure to complete a phase two comprehensive site assessment and phase three identification, evaluation and selection of comprehensive remedial action alternatives for the site in accordance with interim deadlines established in a previously-issued notice of responsibility. MassDEP received a request for additional time to perform the necessary tasks to comply with the NON. Today's Order establishes deadlines for completing the phase two and Phase three for the site.

1/19/12: MassDEP issued a Unilateral $14,650 Penalty Assessment Notice to Red Brick Courtyard, LLC for Waste Site Cleanup violations in Worcester. The company failed to characterize wastes in a number of barrels maintained at its facility, and then provided those barrels to an unlicensed transporter for removal. The drums were later discovered to have been illegally disposed of on Congdon Street, a public way in Worcester, with a least one of the drums having leaked a portion of its contents onto that public way. A state contractor was subsequently contacted to respond to the disposal site to remove the original drums, as well as a number of additional barrels of oil-contaminated soils created from the cleanup activities. Today's Penalty was issued after numerous unsuccessful attempts to resolve the matter through a Consent Order.

1/19/12: MassDEP issued a Unilateral $50,000 Penalty Assessment Notice to Jose R. Perez for a Hazardous Waste Management violations in Worcester. Perez, a resident of Worcester, is not a licensed hazardous waste transporter; however, he accepted and illegally transported barrels of hazardous waste from Red Brick Courtyard, LLC, and subsequently disposed of them on Congdon Street, a public way in Worcester. At least one of the abandoned drums leaked a portion of its contents onto that public way. A state contractor was subsequently contacted to respond to the disposal site to remove the original drums, as well as a number of additional barrels of oil-contaminated soils created from the cleanup activities. Today's Penalty was issued after numerous unsuccessful attempts to resolve the matter through a Consent Order.

1/19/12: MassDEP entered into a Consent Order with a $26,100 Penalty involving AEI and Regional Industrial Services Corp. (RIS) for Asbestos violations. RIS is a demolition contractor in Massachusetts. MassDEP personnel determined during an investigation that RIS had contracted with AEI to perform asbestos abatement at 3 Seal Cove Road in Hingham and the Swansea Mall, 579 G.A.R. Highway, in Swansea. MassDEP determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and RIS had failed to notify MassDEP of asbestos abatement on two occasions at the sites. As a result of the violations RIS will pay $9,800 and $16,300 will be suspended for a period of nineteen months.

1/17/12: MassDEP issued a $250 Penalty Assessment Notices to Amber Henchey and William Velez of West Springfield. Henchey and Velez were issued the PAN due to their involvement in the disposal of a bucket of used motor oil which was depicted on a nearby surveillance camera that the Environmental Strike Force installed in West Springfield. The incident was captured by the video surveillance on 10/8/2011. The vehicle involved belonged to Henchey. She acknowledged that she was the driver of the vehicle and identified the other occupant of the vehicle as Velez. Velez subsequently acknowledged his involvement in the incident.

1/15/12:  MassDEP executed a Consent Order with AAA Auto Clinic for Waste Site Cleanup violations at 600 Main Street in Watertown. Specifically, the violations were for failure to submit a phase one (assessment) report and tier classification (ranking) submittal or a (final) response action outcome statement by the one-year deadline. Previously, a Notice of Noncompliance (NON) was issued to the operation on 9/8/11 and the deadline for achieving compliance was also extended in an amended NON on 10/5/11. In December of 2011, AAA Auto Clinic contacted MassDEP with another, a second request for extension and a proposed schedule to return the cleanup of this site to compliance. Today's Consent Order includes the requested schedule; it also, includes a stipulated penalty provision for any further missed deadlines.

1/13/12: MassDEP entered into a Consent Order with the town of Southwick Board of Public Works to address compliance with Water Supply regulations. The Town of Southwick Board of Public Works will address needed repainting/recoating of one of the Bonnie View Storage Tanks. Under today's Consent Order, the parties have agreed to an alternative corrective action plan, i.e., the permitting, construction and installation of a new water storage tank to replace an existing deteriorating tank.

1/10/12: MassDEP entered into an Amendment to an existing Consent Order with Brimfield Housing Authority in Brimfield. MassDEP concluded an amendment with the Authority to provide an extension of time for certain previously-agreed activities required under an existing Consent Order. The actions to be undertaken will address the Authority's response actions to repeated bacteria detections; disinfection at this time remains in place.

1/10/12: MassDEP entered into a Consent Order with a $4,175 Penalty involving 3M Company for Air Quality and Hazardous Waste Management violations in Rockland. MassDEP determined the violations during a compliance inspection in July 2011. As part of today's agreement, 3M will develop and implement a plan for cleaning the miscellaneous metal parts (under the cold-cleaning degreaser requirements) to ensure that the Air Quality units operate during all production runs. Further, 3M will either perform stack testing of three current units, or submit an application to install new Air Quality control units. To address hazardous waste violations, 3M will update and maintain the following: its emergency coordinator list, its personnel training plan, and its accumulations site emergency information. In addition, 3M will ensure the proper labeling of satellite hazardous waste containers and pay the full Penalty amount.

1/6/12: MassDEP entered into a Consent Order with a $1,000 Penalty involving User-Friendly Recycling, LLC, for Hazardous Waste Management violations in Taunton. User-Friendly Recycling, located at 250 Cape Highway in East Taunton, is a used computer retailer and CRT monitor recycling facility. User-Friendly contacted the MassDEP and USEPA to notify the agencies that they were in receipt of a hazardous waste (crushed CRT glass). An inspection of the facility revealed over 80,000 pounds of crushed CRT glass. The material had been received without Hazardous Waste Manifests (two shipments), were improperly labeled and also being stored at this facility which was operating without a Hazardous Waste License. Final settlement utilizing the Small Business Policy, included the requirement that all hazardous waste onsite was properly labeled, handled and transported to a Licensed Hazardous Waste Facility prior to issuance of today's Order.

1/6/12:  MassDEP issue d a Declaration of Water Supply Emergency to Dubuque State Forest in Hawley. The Mass Department of Conservation and Recreation (DCR) operate a public water system located in Hawley at the Dubuque State Forest. A lack of well production prompted the request for alternate water while DCR addresses this problem. Currently, Americorps volunteers are housed at the facility and the facility continues to serve DCR staff and the public.

1/5/12: MassDEP entered into a Consent Order with a $41,835 Penalty involving Massachusetts Army National Guard for Asbestos violations at Camp Edwards in Bourne. The Massachusetts Army National Guard (the Guard) is responsible for asbestos abatement activity conducted at the Massachusetts Military Reservation, Camp Edwards. While renovating several residential barracks structures as part of a project to upgrade residential space for Guard Members returning from active duty overseas, the Guard discovered friable asbestos both in pipe insulation and in textured ceiling. The buildings where the violations occurred have since been decontaminated. However, the violations included failure to notify, failure to follow required procedures for removal of asbestos containing material and failure to properly containerize the removed material. The Guard has been assessed a Penalty of $41,835 but $31,335 has been suspended contingent upon completion of a Supplemental Environmental Project (SEP). The SEP requires the removal of all asbestos containing materials in the Guard barracks at Camp Edwards - even those barracks not scheduled for renovation. The estimated cost of total abatement for all barracks building is approximately $390,000. Once completed, this abatement will ensure asbestos is removed. This will not only protect ongoing activities by the National Guard, but inhabitants of the Barracks when 'emergency shelters' are designated during a severe weather emergency or other such disaster where civilian shelter in the Commonwealth is necessary.

1/5/12: MassDEP executed a Consent Order with a $14,135 Penalty involving Trent Davis, d/b/a DFS Property Management for Asbestos violations at 119 East Street in North Attleboro. As a result of a referral from the North Attleboro Board of Health, MassDEP inspected the site and found that a boiler in a multi-family dwelling owned by Davis had been dismantled with resulting damage to asbestos pipe insulation. The basement, outdoor area and entryway to the building have since been decontaminated. The violations included failure to notify, failure to follow required procedures for removal of asbestos containing material and failure to properly containerize the removed material. Davis has demonstrated an inability to pay and has agreed to complete a Supplemental Environmental Project (SEP).

1/5/12: MassDEP has appealed an Order of Conditions issued by the Carver Conservation Commission to Entero Energy LLC in Carver. MassDEP appealed the approval of the proposed installation of solar photovoltaic panels in a four-acre cranberry bog. The proposal does not meet the performance standards for Bordering Vegetated Wetlands (BVW) in that greater than 5,000 square feet of BVW alteration had been allowed by the commission. An on-site meeting will be scheduled in order to discuss what, if any, permissible alternatives exist at the site.

1/5/12: MassDEP entered into a Consent Order with the city of Pittsfield for Water Supply violations. The city agreed to address numerous public water system deficiencies and violations and has already initiated a Master Plan. These and future improvements will address operation and capital needs.

1/5/12: MassDEP issued a Demand for Stipulated Penalty of $800 to 1561 Cold Spring Road Operating Company, LLC, of Williamstown. MassDEP issued the Demand to this company, the owner and operator of community public water system at an elderly housing complex and nursing home in Williamstown. The company had agreed in a previously entered consent order to such stipulated penalty if they failed to submit a permit for arsenic removal treatment for its drinking water as agreed.

1/4/12: MassDEP entered into a Consent Order with a $29,100 Penalty involving Chapman Construction/Design Co. for Asbestos violations at the Boston University Building located at 111 Cummington Street in Boston. Chapman is the general contractor for this BU building at 111 Cummington Street. MassDEP responded to a call regarding improper asbestos removal. During that investigation MassDEP determined that Chapman had removed and impacted asbestos containing materials on the first floor and the basement. In addition, some of the materials had been improperly disposed. MassDEP determined that Chapman failed to notify MassDEP of asbestos abatement and failed to use proper work practices procedures during the removal of asbestos from the site. As a result of the violations Chapman will pay $8,700 and $20,400 will be suspended pending full compliance for a period of two years.

1/4/12:  MassDEP entered into a Consent Order with a $13,050 Penalty involving Whaling City Environmental, Inc. for Asbestos violations at 308 Walnut Street in Newton. Whaling is a Massachusetts-licensed asbestos abatement contractor. MassDEP received a request for an Emergency Waiver at 308 Walnut St in Newton. However, during the inspection MassDEP determined that Whaling had commenced removal of a small amount of asbestos at the site without notifying MassDEP as required by the regulations. As a result of the violation, Whaling will pay $500 and $12,550 will be suspended for a period of one year. The small business policy was utilized in reaching this agreement.

1/4/12: MassDEP entered into a Consent Order with a $6,750 Penalty involving Harodite Industries, Inc. of Taunton for violations of the Water Pollution Control Regulations. An inspection was conducted of the Harodite facility by MassDEP which revealed the Water Pollution Control violations for an unpermitted industrial wastewater discharge to the surface waters of the Commonwealth.. Further, the company failed to file for a renewal of an expired sewer-connection permit, failure to have the required certified operator coverage and failure to maintain an up-to-date Operations and Maintenance (O&M) manual.