June 2014

6/30/14: MassDEP entered into a Consent Order with an $860 Penalty involving Ware Real Estate, LLC, for Waste Site Cleanup violations in Ware. Ware Real Estate, LLC, is the owner and/or operator of the property at 198 East Street, Ware. Specifically, violations were due to the failure to meet deadlines set out in a Notice of Noncompliance that MassDEP issued on 10/8/13, which required submittal of a tier classification or a final, response action outcome, statement that completed the cleanup by 12/9/13. Today's Order now requires the submittal of either that tier classification submittal or the response action outcome statement on or before 9/1/14, and contains an $860 Penalty, and a stipulated penalty provision for any missed deadlines.

6/27/14: MassDEP entered into a Consent Order with a $6,244 Penalty involving the Americad Technology Corporation for Air Quality and Hazardous Waste management violations in Norwood. The company is located at 700 Pleasant Street in Norwood.  On 1/28/14, MassDEP conducted a multi-media inspection of Americad and cited Class I air quality emission violations and Class II violations relating to hazardous waste management.  

6/27/14: MassDEP issued a Unilateral Order to Primo Water Corporation d/b/a Primo Refill LLC in Westfield, for Water Supply violations in Westfield. The Order was to address microbiological water quality concerns at this Westfield location which is associated with a vending machine operation. The operation also includes the equipment and installation. Today's Order requires public notice and the removal of the machine from service pending the results of a study.

6/25/14: MassDEP entered into an Amendment to an existing Consent Order with Knox Trail Inn, LLC, to address compliance with Water Supply regulations in Otis. The Amendment addresses the needed requirement for a disinfection system at the public water system.

6/25/14: MassDEP issued a Unilateral Order to Berkshire MA SNF, LLC, for Water Supply violations in Sandisfield. MassDEP issued the Order and Declaration of Water Emergency to Berkshire MA SNF, LLC to address its community public water system's loss of water at the Berkshire Rehabilitation and Skilled Care Center in Sandisfield. A well pump failure led to a loss of water. Today's Order addresses the response actions and allowed the use of alternate water (bottled water and bulk water) for the duration of the emergency.

6/24/14: MassDEP entered into a Consent Order with Salt Pond Cottages Condominium for Water Supply violations in Eastham. Salt Pond Condominium Trust was a pre-existing un-registered public water supply system that self reported. The facility has the potential to serve up to 32 persons which triggers the need to be regulated by the MassDEP Drinking Water program. A site inspection conducted on 4/18/13 confirmed that the facility was, in fact, operating as a public water system. Under today's Order, this pre-existing public water system registration document has now been signed by the president of the Trust on 6/16/14 and submitted to MassDEP to be finalized.

6/24/14: MassDEP entered into a Consent Order with a $6,790 Penalty involving Micron Products, Inc. of Fitchburg for violating Hazardous Waste Management and Toxics Use Reduction Regulations.  The company accumulated hazardous waste for a longer period of time than allowed under its current self-registered status. The company failed to comply with other hazardous waste accumulation standards and did not have the certification statement on its last toxics use reduction plan update signed by a senior management official. Today's Order requires the company to comply with applicable regulations and pay a $6,790 Penalty. Under agreement up to $4,075 of that Penalty will be directed toward the purchase of a multi-gas meter for Fitchburg Fire Department as a Supplemental Environmental Project (SEP). Today's Order will help ensure the company complies with applicable regulations going forward and provides the city with a much needed piece of safety equipment.

6/20/14: MassDEP entered into a Consent Order with a $24,860 Penalty involving Northeast Behavioral Health Corporation, (formerly Health And Education Services, Inc.) for Water Pollution Control/Wastewater violations. Northeast Behavioral Health Corp., which is currently owned by Lahey Health, is the owner and operator of Nike Village, a residential community for the treatment of physically and/or mentally afflicted clients in Topsfield. Today's Order follows MassDEP's March 2014 issuance of a Unilateral Administrative Order that required immediate action be taken to cease the discharge of an active sanitary sewer overflow (SSO) from the on-site wastewater pump station and to take corrective actions to repair/replace all failed components.  Both pumps were in failure mode, while on-site visual and audible alarms had been turned off, and vital components to provide notification of a sounding alarm to the staff had been terminated.  The site was unsecured.  The pump station terrain drains to and directly abuts the watershed of a public drinking water supply.  The Topsfield Fire Department, responded to a medical aide call on Sunday 3/9/14, reported the SSO to the Topsfield Board of Health. MassDEP was not made aware of the situation until three days later, and that was not from the operator but from the local board of health.  When MassDEP responded, the SSO was actively discharging on 3/13/14. Four years prior, on 4/22/10, MassDEP executed a Consent Order with the facility for the same violations.  The Order requires a complete review of all prior work done, to be conducted by a Massachusetts Register Professional Engineer, and to submit a correctives actions plan for MassDEP's review and approval. Corrective actions will be implemented and semi-annual reporting by the Respondent is required through 7/1/17. The Penalty of $24,860 is payable within 30 days.

6/19/14: MassDEP entered into a Consent Order with $12,000 Penalty involving Unistress Corporation for Air Quality, Hazardous Waste and Industrial Wastewater management violations in Lanesboro.  The company, which is based in Pittsfield, designs and manufactures a variety of precast, pre-stressed concrete structures used for construction of bridges, roadways, retail and industrial structures. During a routine multi-media inspection of the facility, MassDEP observed violations, which included failure to maintain waste oil records for oil generated and burned in an on-site space heater, failure to register as a generator of waste oil, failure to label a waste oil tank, failure to maintain a manifest for waste oil, failure to test its hot oil heaters for efficiency, not registering its emergency generator with MassDEP, depositing solid wastes at the facility and discharging concrete slurry/wash water onto the ground. Unistress has fully cooperated with MassDEP and responded quickly to address these violations. As part of the settlement agreement, the company will pay $10,000 of the Penalty and MassDEP has agreed to suspend an additional $2,000 pending Unistress' compliance with the terms of the agreement.

6/19/14: MassDEP entered into a Consent Order with a $10,340 Penalty involving Perry 100 Research Road, LLC, for Waste Site Cleanup violations in Hingham.  The company is a subsidiary of A.W. Perry, Inc. and owner of the Hingham Industrial Park. Today's Order was issued for failure to comply with deadlines established in two separate Notices of Noncompliance issued by MassDEP relative to two separate release incidents (RTNs: 4-3017307 and 4-3017359), although both occurred on the same parcel at 100 Research Road in Hingham.  These releases each required termination of a Notice of Activity and Use Limitation (AUL) and recording of these AULs at the Registry of Deeds. The two AULs that were on record at the time of MassDEP's Level 2 audit inspection of the property were filed by the prior owner, former US Repeating Arms. This failure by the current owner represents violations. Under today's Order, the company has agreed to pay $5,170 and the remaining $5,170 suspended provided the company remains compliant with the terms of the Order for two years.

6/19/14: MassDEP entered into a Consent Order with a $2,300 Penalty involving Bay Oil and Chemical Corporation for Hazardous Waste management violations in Chicopee. Bay Oil is a producer of lubricating oils located in Chicopee where a MassDEP inspection conducted on 11/7/13 revealed that Bay Oil was recycling hazardous waste (waste oil received from off-site). The company had not submitted an application to MassDEP prior to conducting such recycling, and without obtaining prior written approval from MassDEP.  The inspection also found hazardous waste record-keeping and labeling violations. Bay Oil, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. As part of a consent order, Bay Oil has agreed to pay $1,300 and MassDEP has agreed to suspend the additional $1,000 pending the company's compliance with the terms of the agreement.  

6/16/14: MassDEP entered into a Consent Order with Sterling Nursery School, Inc. for Water Supply violations in Sterling. Today's Order establishes an enforceable schedule to design and construct a treatment facility for the removal of arsenic in their public drinking water supply. Today's Order requires the school to hire a consultant and submit a permit application for the treatment system, and to provide timely public notice of any occurrences of the arsenic standards that may occur prior to commencement of treatment operations. Through today's Order the Nursery School will continue to provide water that is safe and fit to drink to a population served of 150 people.

6/12/14: MassDEP entered into an Amendment to an existing Consent Order with MODAK LLC, for Waste Site Cleanup violations in East Longmeadow. MODAK LLC requested an extension of the phase two comprehensive site assessment deadline.  This phase is necessary to determine the extent of a trichloroethene (TCE) groundwater plume (contamination) that extends several thousand feet off site. Today's Amendment provides a 10-month extension to the previous deadline to allow additional investigations aimed at determining the extent of the contamination.

6/12/14: MassDEP entered into an Amendment to an existing Consent Order with the Hilltown Community Development Corporation for Water Supply violations in Chesterfield. Today's action will address elevated nitrate in this public water system serving the facility in Chesterfield. The amendment modifies the proposed corrective action and identifies a period of monitoring to ensure effectiveness.  If the proposed corrective actions are not effective, an additional set of actions are required.

6/11/14: MassDEP issued a Penalty Assessment Notice of $37,625 to Crestline Weatherization and Construction LLC in Worcester. The company violated the Asbestos regulations. The violations occurred during the improper removal of asbestos-containing insulation from the heating system of a residential property in Worcester in November 2012.  During the inspection, MassDEP found numerous pieces of dry, friable asbestos-containing insulation lying uncontained on the basement floor at the residence.

6/11/14: MassDEP entered into a Consent Order with Nick Marietos d/b/a Grapevine Grille for Water Supply violations in Belchertown. MassDEP concluded an Order with Marietos to address elevated nitrate in its public water system serving the Grapevine Grille and adjacent apartment. Today's Order establishes ongoing public notice and completion of an investigation and corrective actions.

6/6/14: MassDEP issued a Unilateral Administrative Order to Melissa and Edward Mallet for Wetlands violations in New Salem. Today's Order to the Mallets requires that the Mallets stop cutting in the riverfront area and in a bordering vegetated wetlands (resource areas) on their property. The Mallets were clearing an area of BVW and riverfront area in an effort to expand the area for their horse.  

6/5/14: MassDEP entered into a Consent Order with a $30,000 Penalty involving Dockside Properties for Waste Site Cleanup violations in Burlington. The company is the owner of a residential property at 151 Bedford Street in Burlington.  Today's Order was issued due to an overdue phase one preliminary assessment report and tier classification submittal. The site was reported on 12/22/11 after a fuel oil release was reported to MassDEP. Dockside Properties LLC has agreed to pay $4,000 of the Penalty with the remaining $26,000 suspended.  This enforcement action will lead to the cleanup of petroleum in the area of a former heating fuel tank.

6/5/14: MassDEP entered into a Consent Order with a $9,961 Penalty involving JJJ Gas & Auto Repair, Inc. - which is d/b/a O'Malley's - located at 531 Main Street in Clinton. The property has an underground storage tank (UST) and Air Quality (vapor recovery) violations. When the UST was initially inspected on 5/18/12, MassDEP issued a notice of noncompliance for the UST and the vapor recovery (Air Quality) violations. Randomly chosen for inspection by the MassDEP in 2013, the subsequent inspection showed the station is in continued noncompliance with MassDEP's UST and Air Quality (vapor recovery) regulations.  Today's Order requires the company to pay $2,500 of the Penalty (as agreed under MassDEP's small business policy) and correct all violations and remain in compliance with the requirements. MassDEP has agreed to suspend the remaining $7,461 penalty for two years if the company remains in compliance.

6/3/14: MassDEP entered into a Consent Order with Finberg Field for Waste Site Cleanup violations in Attleboro. The City of Attleboro owns the Finberg Field site where a reported release was reported requiring cleanup.  The Field is located at the corner of Park and Bishop Streets in Attleboro. The city failed to comply with the deadline established in a notice of audit findings/notice of noncompliance. MassDEP identified violations of the requirements associated with a response action outcome statement and the activity and use limitation (AUL) at the site as a result of comprehensive audit of those cleanup actions. A deadline of 12/6/13 was established for the correction of the violations.  Prior to the expiration of the deadline established, MassDEP received a request from the city for additional time to address the violations. Today's Order establishes a deadline to correct the violations.  

6/3/14: MassDEP entered into a Consent Order with a $15,000 Penalty involving Bush Realty Trust for Waste Site Cleanup violations at 173 Spring Street in Fairhaven. Bush Realty Trust is the owner of 173 Spring Street, Fairhaven where there had been a release of oil and hazardous materials. In January 2013, MassDEP issued Bush a notice of noncompliance (NON) for having failed to complete the response actions as required in a timely manner. Bush did not comply or respond to the NON. Today's Order establishes negotiated timelines for completion of work at the site and contains a $15,000 Penalty for violations and failing to respond to MassDEP's original NON.  

6/2/14: MassDEP entered into a Consent Order with a $19,312 Penalty involving A&E Environmental, Inc., for Asbestos violations in Millbury. A&E Environmental, Inc., which is located in Leominster, was found to be in violation in March of 2013 during an inspection of an occupied residence in Millbury. MassDEP inspectors were called to the site by the property owner who requested assistance after the company left numerous pieces of dry, friable asbestos containing insulation on the basement floor and on the heating pipes that were supposed to be abated. Dry, friable asbestos containing insulation had been improperly removed, handled and stored at the property. Under the terms of the settlement the company will pay $5,000 of the assessed penalty with the balance suspended, provided that the company has no further violations for one year.

May 2014

5/30/14: MassDEP entered into a Consent Order with the Sankaty Head Golf Club for Water Supply violations in Nantucket. Sankaty Head Golf Club was operating an unregistered Public Water Supply. The Golf Club is located on Nantucket Island within the Village of Siasconset. The facility consists of a beach club and restaurant for members only. The current membership is 540 with approximately 60 members utilizing the facility on a daily basis. As the Golf Club self-reported, and a follow up inspection by MassDEP conducted on 5/7/13 confirmed, the Golf Club is operating a public water supply. Today’s Order requires Sankaty Head to properly register with MassDEP as a water supply and conduct all required monitoring and notifications.

5/29/14: MassDEP entered into a Consent Order with a $6,000 Penalty involving Noel Vincent for Asbestos violations (removal and disposal) at the Orange Innovation Center in Orange. Vincent, of Mount Dora, Florida, was the trustee at the time of the violations and has since sold his interests.  MassDEP determined that Vincent had instructed a maintenance worker to remove asbestos pipe insulation from the first floor area of the Center on a weekend when the shops and stores were closed without instituting the proper asbestos-handling procedures. The asbestos removed from the work area had been improperly stored in drums in the basement. Vincent was ordered to clean up the property, including the proper removal, handling and disposal of the asbestos containing material. As part of the settlement agreement, Vincent will pay the $6,000 Penalty.

5/29/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Henry C. Kocot & Sons, Inc., for Hazardous Waste Management and Industrial Wastewater violations in South Deerfield.  Kocot utilizes its garage area for its business-only vehicle maintenance operations. During a routine multimedia inspection of the facility, MassDEP observed hazardous waste and industrial wastewater violations.  The violations include: failure to maintain waste oil records for oil generated and burned in an on-site space heater; failure to register as a very small quantity generator of hazardous waste; failure to register an industrial wastewater holding tank; and, failure to prevent discharge of industrial wastewater, generated from washing trucks, to an adjacent stream. Kocot has cooperated and responded quickly to address these violations. As part of the settlement agreement, the company will pay $1,000 of the Penalty with an additional $2,000 suspended pending Kocot’s compliance with the terms of the agreement.

5/29/14: MassDEP entered into a Consent Order with an $18,172 Penalty involving Sunco, Inc. for Air Quality and Hazardous Waste Management violations in Easton. Sunco, Inc. is located at 35 Eastman Street in Easton. On 1/9/14, MassDEP conducted a multi-media inspection of Sunco, Inc. and cited violations including: 1) the facility was registered with MassDEP as a small quantity generator of hazardous waste, but, in fact, was found to be acting out of status as a large quantity generator of hazardous waste; 2) the facility failed to properly label a satellite container of hazardous waste; and 3) the facility failed to obtain a comprehensive plan approval prior to the installation and operation of equipment (multiple spray booths) that have potential emissions greater than 10 tons per year of acetone. In addition to the Penalty, Sunco will take steps to bring the facility into compliance.

5/28/14: MassDEP entered into a Consent Order with a $6,200 Penalty involving the city of West Springfield for Water Pollution Control violations in West Springfield. Under today’s Order, West Springfield has agreed to address the discharge of sanitary sewage at the city’s Dix Street Pump Station following the break of a manifold header on the pump station’s dry well.  The city will pay $2,500 and the remaining $3,700 is suspended provided the city complies with requirements which include, upgrades to the affected pumps stations and an analysis of all of its pump stations and development of a Capital Improvement Plan.

5/28/14: MassDEP investigated, and in conjunction with the Mass. Attorney General’s office moved towards a consent judgment that was granted by Suffolk Superior Court surrounding Safety Kleen.  The judgment resolves alleged violations by Safety Kleen of the Hazardous Waste Management Act such as transportation of hazardous waste from unregistered generators. In addition the complaint also alleges that the respondent submitted inaccurate electronic monthly reports regarding their transportation of hazardous waste. Under the terms of the consent judgment, the respondent will pay a civil penalty of $100,000 as follows: $60,000 within 15 days of the final settlement and $40,000 will be suspended pending the respondent’s compliance with environmental laws outlined in the consent judgment.  As part of the agreement, the respondent must take steps to ensure that it only accepts waste from registered facilities. The steps include providing the respondent’s drivers with a list of registered facilities and training for all its current employees and those it hires henceforth.

5/23/14: MassDEP entered into a Consent Order with a $25,000 Penalty involving Ali Nowrouzi – as trustee of Pine Street Realty Trust – for Waste Site Cleanup violations in Waltham.  Ali Nowrouzi – the Trust – is the owner of the property at 266 Moody Street in Waltham where specific violations noted included the failure to meet deadlines established under a previous Consent Order.  Today’s Order now requires a phase two assessment report which meets the requirements and if applicable, a phase three report for the site which meets the requirements by 4/1/15.  Thereafter, a phase four (or remedy selection/implementation report) for the site, which meets the requirements is due by 6/1/15.   A permanent or temporary solution for the site, which meets the requirements is due by 6/1/16 unless a remedy operation status is the appropriate filing. Under today’s Order a payment of $4,500 is due with $20,500 suspended.  There is also a stipulated penalty provision for any missed deadlines.

5/23/14: MassDEP entered into a Consent Order with a $5,500 Penalty involving Niagara Thermal Products LLC - d/b/a J. Kittredge a Division of Niagara Thermal Products Inc. – for Hazardous Waste Management and Industrial Wastewater violations in Hudson. The company accumulated hazardous waste in excess of the time period allowed of a small quantity generator of Hazardous Waste, failed to comply with numerous other hazardous waste management requirements and failed to submit a compliance certification for its industrial wastewater discharge.  Today’s Order requires the company to comply with applicable regulations and pay the $5,500 Penalty.

5/23/14: MassDEP entered into a Consent Order with a $15,000 Penalty involving Excel Recycling, LLC, for Waste Site Cleanup violations at 17 Griffin Road, Charlton. The enforcement originated after a release of waste oil to the environment from several underground storage tanks that were received as scrap.  The tanks were supposed to be empty and clean when received, but at least one tank contained up to 100 gallons of waste oil.  The release was discovered by the Charlton Fire Department during an unrelated permit inspection. MassDEP met at the site with the business owners and determined that a cleanup was necessary. The total penalty is $15,000, with $2,100 suspended pending a repeat violation, with a $9,750 Supplemental Environmental Project under which the company will pay to purchase oil/hazmat planning and response equipment for the Charlton Fire Department. 

5/22/14: MassDEP entered into a Consent Order with a $1,000 Penalty involving Harvey Recycling of Fitchburg, LLC, for Solid Waste violations in Fitchburg. The facility has agreed to resolve its failure to have a certified asbestos inspector on the tipping floor at its transfer station facility.  The authorization to operate issued for the facility required a certified asbestos inspector to monitor all incoming loads of construction and demolition waste for suspect asbestos-containing material.  Under today’s Order, the company agreed to pay a $1,000 penalty and to staff the tipping floor as required.

5/21/14: MassDEP entered into an Amendment to an existing Consent Order with Gateway Regional School District in Huntington.  The Amendment specifies how the Regional School District will address replacement rather than repair of the public water system’s source. 

5/21/14: MassDEP entered into a Consent Order with Gerard Brunet d/b/a/ Bisselville Estates, for Water Supply violations in Hinsdale.  Today’s Order with Brunet d/b/a Bisselville Estates was in connection with multiple violations of the Total Coliform Rule, including monitoring violations and repeated incidents in which the maximum contaminant level was exceeded as defined in the Groundwater Rule as is public notification and having a certified operator.

5/21/14: MassDEP entered into a Consent Order with a $13,455 Penalty involving the Home Market Foods, Inc., for Air Quality violations in Norwood. MassDEP was notified via email that the facility’s regenerative thermal oxidizer was taken out of service.  Home Market Foods, Inc. operated the production plant without the RTO for seven (7) days in violation of their plan approval. Today’s Order ensures continued compliance with applicable regulations at the facility.

5/15/14: MassDEP entered into a Consent Order with a $6,325 Penalty involving Roby’s Propane Gas, Inc. for Water Pollution Control violations in Wareham. The violations are in connection with the pumping and discharge of the contents of an overflowing septic tank to the ground.  Today’s Order requires the installation of a new septic system no later than 6/30/14 and the payment of a $6,325 Penalty.

5/15/14: MassDEP entered into a Consent Order with Foxx River Trust, for Waste Site Cleanup violations in Attleboro. Records indicate that Foxx River Trust is the owner of a parcel at 70 Frank Mossberg Drive in Attleboro from which there has been a release of oil and hazardous materials. On 5/16/13, MassDEP issued Foxx River Trust a notice of noncompliance for failing to submit adequate site information required for appropriate risk characterization purposes and documentation required for signatory authority in an activity and use limitation (AUL) area. The respondent requested additional time in which to comply. Today’s Order now establishes negotiated timelines to either submit a revised response action outcome and confirmatory AUL or retract the existing RAO by the end of June 2014.  

5/11/14: MassDEP under the Commercial Printer Enforcement issued two reporting Penalty Assessment Notices: one for $500 and one for $1,000 to medium-sized commercial printers that failed to submit their 2013 Environmental Results Program (ERP) compliance certifications. Under ERP, printers are required to submit certification forms concerning their operations by 9/15 of each year. MassDEP had previously issues notices of noncompliance (NONs) to the same three companies for failing to certify in 2012. Three additional printers have been cited for not submitting their ERP certifications last year.

5/9/14: MassDEP entered into a Consent Order with a $26,800 Penalty involving Buonfiglio Funeral Services Inc. for Waste Site Cleanup violations at 128 Revere Street in Revere.  As owner of the property, the company is responsible for violations including failure to meet deadlines set out MassDEP’s notice of noncompliance dated 11/1/13. Under today’s Order, the company must submit a phase two and if applicable, a phase three (a remedy alternatives and selection report) for the site which meets the requirements by 4/7/16.  Thereafter, a phase four remedy implementation report for the site which meets the requirements by 4/7/17 and a final response action outcome statement which meets the requirements or, if appropriate, a remedy operation status by 4/7/18. Under today’s Order, $2,500 will be paid and $24,300 suspended.

5/9/14: MassDEP entered into an Amendment to an existing Consent Order with a $6,610 Penalty involving SND Realty Corp for Waste Site Cleanup violations at 50 Brighton Street in Belmont. SND Realty Corp is the owner of the property where it did not meet the deadlines in a prior MassDEP Consent Order dated 6/7/13. That Order called for completing a release abatement measure (RAM) within required timelines.  Today’s Amended Order now requires a tier two extension submittal, and the RAM status report which meets the requirements or a RAM completion statement which meets the requirements by 6/26/14.  Further, a final response action outcome statement for the site is due by 6/26/15, or if appropriate, a remedy operation status by that same date 6/26/15.   Under today’s Amendment, payment of $2,000 is required with $4,610 suspended.

5/9/14: MassDEP entered into a Consent Order with the city of Marlborough for Drinking Water violations. Today’s Order provides an enforceable schedule for upgrading the Marlborough Water Department’s community public water system including permitting and installing treatment of the source water to comply with the provisions of the Drinking Water regulation’s for surface water treatment rule. The city also agreed to correct violations at this public water system that were identified in a recent sanitary survey inspection and will correct Water Management Act violations, and provide public notice for past water quality violations.  This action will ensure that the approximately 38,000 residents served by this system will continue to receive water that is safe and fit to drink.

5/9/14: MassDEP entered into a Consent Order with an $8,630 Penalty involving The Amory, LLC, for Waste Site Cleanup violations in Roxbury.  A site inspection revealed land use changes including pavement and new concrete sidewalk in the area of what has been designated an activity and use limitation’ area. MassDEP’s subsequent review of the case found that work done in February 2008 involved the removal of concrete slabs within the AUL area and the excavation of up to 195 cubic yards of soil.  In addition, construction of a new sidewalk at the rear of 75 Amory Street required the lifting and removal of concrete pavement in that area during the winter of 2010 and in September 2012.  MassDEP determined that no soil management plan (SMP) or health and safety plan (HASP) were prepared in violation. Also, the work that was done was not supervised by any Licensed Site Professional in 2008, 2010, or 2012.  The AUL requires that the activities which are likely to result in removal and/or rupture of the pavement in the AUL area and/or disturbance of the soil beneath the pavement require the prior development of a SMP and HASP by this Licensed Site Professional.  Accordingly, the respondent violated the regulations and failed to adhere to the AUL. As a result of the violation, the respondent was assessed an $8,630 penalty which will be paid within 45 days. 

5/8/14: MassDEP entered into a Consent Order with Eagle Hill School Foundation, Inc. for Water Pollution Control violations in Hardwick. The Eagle Hill School is required to bring the school’s wastewater system into compliance through construction of either a groundwater discharge permit facility or a connection to the Hardwick Municipal sewer system.

5/8/14: MassDEP entered into an Amendment to an existing Consent Order with October Mountain Estate LLC for Water Pollution Control violations in the Amendment pertains to the construction of wastewater upgrades at the Eastover Resort in Lenox.  The facility has operated at a reduced level while it explored options for wastewater treatment and the new schedule reflects the planned construction.

5/7/14: MassDEP entered into a Consent Order with a $6,450 Penalty involving One Stop Gas Station for Waste Site Cleanup violations at 1194 Kempton Street in New Bedford. There had been a threat of release of oil in February 2013 at this location, and MassDEP issued the respondent a notice of noncompliance for having failed to complete the response actions in a timely manner as specified in the state regulation.  Additionally, it was discovered that the respondent had also failed to complete response actions in a timely manner for other releases at the site. Today's Order contains a $6,450 Penalty and establishes negotiated timelines for completion of work at the site.

5/7/14: MassDEP entered into a Consent Order with a $1,865 Penalty involving Taunton Stove Company, Inc. for Air Quality and Hazardous Waste management violations in Dighton. MassDEP inspected the Taunton Stove Company Inc. relative to Air, Hazardous, Toxic Use Reduction Act and Industrial Waste Water found the company had failed to comply with recordkeeping requirements for volatile organic compounds and hazardous air pollutant emissions established in their comprehensive plan application approval and exceeded their generation limits for hazardous waste. The total penalty is $1,865.

5/7/14: MassDEP entered into a Consent Order with a $6,665 Penalty involving Devlin Automotive, Inc., for Waste Site Cleanup violations in Hanson. The property is a former service station located at 203 Liberty Street in Hanson.  The company failed to submit a five-year periodic review opinion of what is a ‘temporary solution’ relative to cleanup measure for each of two releases at the site.  Today’s Order requires deliverables including the submittal of the two overdue reports.  Today’s Order further ensures that existing site conditions will be assessed, and that any necessary remedial actions will be undertaken and establishes timelines for future submittals leading towards final site closure.

5/7/14: MassDEP entered into a Consent Order with a $17,215 Penalty involving North Attleborough Commerce Center in North Attleboro. This is a former industrial site at 21 East Street in North Attleboro.  The site is the location of the former L.G. Balfour Company, Inc.  A penalty in the amount of $17,215 was assessed for failure to maintain phase five remedy operation status.  The deliverables now include submittal of a tier classification extension, and a phase two remedial alternatives report with risk characterization.  Today’s Order further ensures that existing site conditions will be assessed, and that any necessary remedial actions will be undertaken.  In addition, the Order establishes timelines for future submittals.

5/7/14: MassDEP entered into a Consent Order with a $1,625 Penalty involving Concord Foods, Inc. for Hazardous Waste Management violations in Brockton. The facility was found to be operating, or acting out of status as a small quantity generator (SQG) of hazardous waste, exceeding its registered status as very small generator amounts.  Today’s Order requires the violator to come into compliance with the management standards and generation limits applicable to the facility’s registered status.  

5/6/14: MassDEP entered into a Consent Order with a $60,750 Penalty involving Sean Blair for Wetlands violations at 887 Haverhill Street in Rowley.  The violations included the aforementioned property and land on an adjacent lot in Rowley.  MassDEP inspected the site as a result of a complaint made to the Rowley Conservation Commission and observed various activities, including a recently constructed roadway, clearing of trees and vegetation, construction of a stable and paddock, and stockpiling of cut trees, stumps and debris.  The activities were conducted in multiple areas of the site without prior authorization and resulted in the filling and alteration in multiple areas of the site totaling approximately 1,000 square feet of ‘land under waterbodies’ and waterways, 2,827 square feet of bordering land subject to flooding, 52 linear feet of ‘bank’ and 15,578 square feet of bordering vegetated wetland, and 12,689 square feet of riverfront area. Today’s Order requires full restoration of all wetland resource areas with long-term monitoring and reporting. The document also contains a penalty of $7,500 paid plus $53,750 suspended upon full compliance over the next six years. 

5/2/14: MassDEP entered into a Consent Order with a $25,890 Penalty involving Intercontinental Fund III for Waste Site Cleanup violations at 48 Woerd Avenue in Waltham. As owner of the property for waste site cleanup violations, the LLC was cited for failure to comply with the terms of the Activity and Use Limitation on the site and excavating more than 20 cubic yards of contaminated soil without submitting a release abatement measure plan.  A deadline was established that will return the site to compliance with the submittal of a RAM plan and completion statement documenting the excavation work conducted by 6/1/14. In addition, Intercontinental Fund III 48 Woerd Avenue LLC has agreed to pay a $10,000 Penalty, with an additional penalty of $15,890 suspended, pending full compliance.

April 2014

4/29/14: MassDEP entered into an Amendment to an existing Consent Order with Rediker Software, Inc. in Hampden. MassDEP concluded the Amendment in response to bacteria detections and corrective action work undertaken at the Rediker Software facility, a public water system. Today's Amendment establishes response actions and a new 12-month period for disinfection installation if multiple detections of bacteria occur during that time.

4/29/14: MassDEP entered into a Consent Order with Jeffrey Glaze for Water Supply violations in Charlemont. The action was taken in response to multiple bacteria detections, and the corrective actions undertaken and required at the Warfield House Restaurant, which serves as a public water system.  Today's Order establishes response actions and their documentation to MassDEP and a 12-month period for disinfection installation if multiple detections of bacteria occur during that time.

4/28/14: MassDEP entered into a Consent Order with a $3,723 Penalty involving the Franklin Paint Company Inc. for Industrial Wastewater, Hazardous Waste Management and Air Quality violations in Franklin.  The company did not follow good engineering practices with regard to the exhaust stacks for their dust collection systems, discharged boiler blow-down to the ground without a permit, as well as failure to properly label a hazardous waste oil accumulation container.  In addition to the Penalty, the company is required to comply with applicable regulations. Today's Order will help ensure the company complies with applicable regulations going forward.    

4/28/14: MassDEP entered into a Consent Order with a $16,137.50 Penalty involving Modern Manufacturing for Asbestos violations in Worcester. The violations were found during an inspection of a window replacement project the company was conducting at a high rise residential building in downtown Worcester in October 2013. MassDEP observed that dry, friable asbestos containing window caulking and glazing had been improperly removed, handled and stored inside an occupied unit at the property. Under the terms of the settlement the company will pay $10,000 of the Penalty with the balance suspended provided that they have no further violations for one year.

4/28/14: MassDEP issued 37 Notices of Noncompliance to Underground Storage Tank facility owners/operators for failing to have the required third-party inspections completed by their respective due dates through 12/31/13.  MassDEP has given the offenders 45 days to return to compliance. Those facilities that fail to comply with the regulations will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved third-party inspectors (TPIs) to inspect a regulated tank system every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations.  More information: UST TPI

4/28/14: MassDEP entered into a Consent Order with Coleman Manufacturing Company, Inc. for Waste Site Cleanup violations at 48 Waters Avenue in Everett. This former manufacturing facility had failed to submit a Response Action Outcome statement (RAO) within the required deadline established in a Notice of Noncompliance issued by MassDEP on 4/11/13.  A new deadline has been established in today's Order which will allow the responsible party to return to compliance by submitting the RAO Statement or Remedy Operation Status submittal by 9/19/14.

4/28/14: MassDEP entered into a Consent Order with Health and Education Services Inc. for Waste Site Cleanup violations at 162 Federal Street in Salem.  Specifically, violations were due to the failure to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 10/1/13. Today's Order requires an immediate response actions status report which meets the requirement and an immediate response action completion statement which meets the requirements by 7/30/14. Also phase two report which meets the requirements and if applicable, a phase three report for the site which meets the requirements by 7/30/14. Finally a phase four report for the site which meets the requirements will be submitted by 10/1/15 and a final response action outcome statement for the site, which meets the requirements or if appropriate, a remedy operation status which meets the requirements by 8/5/15.    

4/24/14: MassDEP issued a Unilateral Order to Borden Light Marina, One Ferry Street in Fall River for Wetlands violations. Borden Light Marina was cited for violations of a Superseding Order of Conditions (SOC) issued on 10/24/13.  Borden Light Marina failed to conduct a pre-construction meeting for all of the parties involved in the appeal for the SOC, failed to provide the parties with a construction schedule, failed to install erosion control barrier as required by the Special Conditions of the SOC; and stockpiled supplies adjacent to Mount Hope Bay as prohibited by the Special Conditions of the SOC.  Today's Order requires Borden Light Marina to cease & desist from any construction activities until such time as the pre-construction meeting was held and the other Special Conditions were complied with in accordance with the SOC.  

4/24/14: MassDEP entered into a Consent Order with a $15,000 Penalty involving Redevco, LLC for Asbestos violations in Russell.  MassDEP discovered the violations while responding to a complaint regarding the improper removal of asbestos transite siding at the old Strathmore Paper Mill on Woronoco Road in Russell.  During the inspection, MassDEP found that Redevco had removed asbestos transite siding from the building without instituting the proper asbestos-handling procedures and was in the process of improperly disposing of the asbestos waste.  Redevco was ordered to clean-up the property, including the proper removal, handling and disposal of the asbestos containing material.   Redevco has agreed to pay the penalty and to comply with the regulations.

4/24/14: MassDEP entered into a Consent Order with a $6,000 Penalty involving the Hayden Roofing Company for Asbestos violations in Orange.  MassDEP determined during an inspection of the Orange Innovation Center in Orange that Hayden Roofing Company had removed asbestos transite siding from the building without instituting the proper asbestos-handling procedures.  Hayden Roofing Company was ordered to clean-up the property, including the proper removal, handling and disposal of the asbestos containing material.  Hayden has agreed to pay the $6,000 Penalty.

4/23/14: MassDEP entered into a Consent Order with a $6,000 Penalty involving Savage Arms, Inc. for Hazardous Waste Management, Industrial Wastewater, Air Quality and Toxic Use Reduction Act (TURA) violations. The violations included not conducting combustion efficiency tests on two boilers, not making hazardous waste determinations, not filing hazardous waste manifests correctly and discharging greater than 50,000 gallons per day of industrial wastewater to the sewer system without a permit.  The facility also did not file and report under the TURA.  Savage cooperated with MassDEP and responded quickly to address the violations. As part of the settlement agreement, Savage will pay $4,000 of the Penalty and   MassDEP has agreed to suspend the additional $2,000 pending Savage's compliance with the terms of the agreement.

4/23/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Monro Muffler & Brake, Inc. for Hazardous Waste Management and Industrial Wastewater violations at its West Springfield location. The violations included not keeping an aboveground waste oil storage tank closed and the discharge of oily wastewater to the ground.  Monro cooperated with MassDEP, and responded quickly to address the violations and the spill. Under today's Order, the company has agreed to conduct an environmental audit at its stores located in Berkshire, Franklin, Hampshire and Hampden counties. As part of the settlement agreement, Monro will also pay $1,500 of the Penalty and MassDEP has agreed to suspend the additional $1,500 pending Monro's compliance with the terms of the agreement.

4/23/14: MassDEP entered into a Consent Order with an $8,630 Penalty involving 8-14 Forest Street, LLC, for Waste Site Cleanup violations in Medford. A site inspection by MassDEP, which was done as part of an audit of the cleanup actions at the site, revealed that an in-situ chemical oxidation (ISCO) pilot test had recently been completed.  MassDEP's subsequent review of the case found that none of the work was done under any response action plan, and the phase three report submitted, had not evaluated ISCO as a remedial option.  Under the regulations, a pilot test is defined as follows: a test designed to acquire information on the anticipated performance of a remedial system.  A pilot test shall be considered assessment if it is conducted and completed within 21 consecutive days, excluding time required for sample analyses, and involves only soil vapor, non-aqueous phase liquid and/or groundwater extraction, otherwise it shall be considered remediation.  As a result of the violation, the respondent will pay $2,500 of the Penalty and the remaining $6,130 will be suspended.

4/23/14: MassDEP entered into a Consent Order with a $30,100 Penalty involving J.J. & R. Realty Trust for Asbestos violations in North Billerica. MassDEP responded to a complaint of improper asbestos removal at 11 Esquire Road in North Billerica. MassDEP observed during an inspection of the site that asbestos-containing material had been improperly removed and handled by the respondent. Asbestos-containing waste material was removed and placed in a roll-off container at the site.  As a result of the violations observed by MassDEP the respondent will pay $5,000 and $25,100 will be suspended for a period of one year. The small business policy was utilized in reaching this agreement.

4/22/14: MassDEP entered into a Consent Order with Middlesex County Foundation, Inc. for Water Supply violations in Ashby. Today's Order contains an enforceable schedule to provide an approved transient non-community public water system to serve Camp Middlesex, located at 1031 Erickson Road in Ashby. Today's Order requires the owner to operate the on-site wells that supply water to the camp in accordance with the requirements for a TNC-PWS.  Today's Order also requires the owners to remove one of their wells from service, and obtain prior approval from MassDEP for any future expansion or modification of the PWS.  This action will ensure that anyone served by this PWS will receive water that is safe and fit to drink.

4/22/14: MassDEP entered into a Consent Order with a $17,250 Penalty involving the city of Cambridge for Water Pollution Control violations. MassDEP took the action after it was determined the city of Cambridge is responsible for a discharge of wastewater under dry weather conditions from its combined sewer overflow to Alewife Brook.  Today's Order includes a $17,250 Penalty and requires the city to deploy monitoring equipment at the CSO location, and to provide an alarm notification when this CSO is actively discharging.

4/22/14: MassDEP entered into a Consent Order with a $3,961 Penalty involving Main Street Automotive, Ltd. for Waste Site Cleanup violations at 492 Main Street in Stoneham. The company had Underground Storage Tank (UST) and Air Quality (vapor recovery) violations at this location.  Randomly chosen, MassDEP initially inspected the facility on 11/17/11 and issued a Notice of Noncompliance for underground storage tank and vapor recovery violations.  Randomly chosen by MassDEP a second time on 9/9/13, the facility is in continued noncompliance with MassDEP's Underground Storage Tank (UST) and Air Quality (vapor recovery) regulations.  Today's Order now requires Main Street Automotive, Ltd. to pay $1,000 of the Penalty (the penalty amount was reduced under MassDEP's small business policy. Today's Order requires Main Street Automotive, Ltd. to correct all violations and remain in compliance with the requirements.  MassDEP has agreed to suspend the remaining $2,961 penalty for one year if the company remains in compliance.   

4/22/14: MassDEP issued a $26,660 Penalty Assessment and Unilateral Order to Rockland Industries 255 Plymouth Street in Middleborough for environmental violations. The respondent is required to submit a tier classification extension, an immediate response action plan designed to assess the ecological risk to the wetlands at the site, a phase four (remedy implementation plan) and a final response action outcome statement. The respondent failed to comply with a 9/6/13 Notice of Noncompliance which was sent along with a Notice of Enforcement Conference establishing 3/26/14 to discuss the respondent's failure to comply. Rockland Industries failed to attend the conference.

4/18/14: MassDEP entered into a Consent Order with a $30,100 Penalty involving the town of Burlington for Asbestos violations. MassDEP responded to a notification that improper asbestos removal and handling had occurred at the Pine Glen School Building at 1 Pine Glen Way in Burlington.   MassDEP observed during an inspection of the site that asbestos-containing material had been improperly removed and handled by the respondent.  Asbestos-containing waste material was removed from the site and improperly disposed.   As a result of the violations, the respondent will pay $5,000 and the remaining $25,100 will be suspended for a period of two years.

4/18/14: MassDEP issued a Unilateral Order to Northborough for Wetlands violations.  The Order requires the DPW to stop alteration of wetland resource areas at its garage located at 190 Main Street in Northborough.  MassDEP inspectors observed gulley erosion of an embankment causing deposition of soil into bordering vegetative Wetlands.  Today's Order requires the town to install erosion control measures to stabilize soils at the site, hire a qualified environmental consultant to develop a slope-stabilization plan and hire a wetlands specialist to evaluate the extent of wetlands alterations and develop a restoration plan. Further, the town must submit those plans to MassDEP for review and approval.  This action will stop further Wetland resource area damage and result in restoration of the impacted area.  Additional enforcement with penalty assessment is anticipated.

4/18/14: MassDEP issued a Notice of Noncompliance to Northeast Utilities Service Company, Worcester (nee, NSTAR Electric & Gas Corporation) concerning excessive idling of an unattended John Deere front-end loader outside a restaurant. The company has informed MassDEP that corrective action included training all 70 NUSCO employees at the Worcester and Southborough, locations with similar training sessions planned for other NUSCO facilities. Additionally, they are piloting an assigned daily "idling monitor" as its Worcester Service Center to conduct idling inspections during operating hours. A company-wide newsletter was issued to New Hampshire, Massachusetts and Connecticut NUSCO employees detailing idling requirements and reminding them that regulatory officials are citing companies for idling.

4/17/14: MassDEP entered into an Amendment to an existing Consent Order with Martidis Pizza, Inc. for Water Supply violations in Granby. Today's Order follows a report of bacteria detections and corrective action work undertaken at the Pizza Palace, a public water system.  The amendment establishes new response actions and a new 12-month period for disinfection installation if multiple detections of bacteria occur during that time.

4/16/14: MassDEP issued a Unilateral Order to Jessica Jeannenot for Wetlands violations in Hadley. Jeannenot must cease and desist from cutting in the Riverfront Area of the Connecticut River. MassDEP issued the order after receiving a complaint from an abutter and a request for assistance from the Hadley Conservation Commission. Additional inspections and action are anticipated.

4/15/14: MassDEP entered into an Amended Consent Order with a $14,000 Penalty involving Thomas J. Hill and Veronica M. Hill for Wetlands violations in Tewksbury. The violations involve wetlands resource area located at 20 Squire Lane in Tewksbury. The original Order required a penalty payment of $4,000 in certain payments and the balance of $10,000 to be suspended.  It also required wetland restoration and long term monitoring and reporting. Hill performed the restoration and only a portion of the monitoring and reporting. Hill also failed to pay any of the penalty payments. Today's amended Order requires submittal of a final monitoring report and a request for return to compliance letter.  Additionally, Hill is required to pay $4,000 in a newly structured payment plan with the remaining $10,000 suspended upon final compliance with the Order.   

4/15/14: MassDEP issued a Boil Water Order to the Girl Scouts of Central and Western MA, Inc. for Water Supply violations in Spencer. Initially, the Order was issued verbally on 4/12/2014. The respondent is the owner and operator of a transient non-community water system, Camp Laurelwood, at 17 Buteau Road in Spencer. The water system notified MassDEP that sampling had confirmed positive tests for total coliform and e coli. bacteria in the system.  The system is in noncompliance with the monthly (and acute) maximum contaminant level for total coliform, which may pose an acute risk to public health from short term exposure. Through today's Order the respondent is required to provide public notice to boil the water until further notice and disinfect the water supply system.  Today's Order also requires the water system to provide disinfection of the water source, conduct additional sampling, perform corrective actions, submit reports as outlined, provide an updated distribution map to MassDEP, and comply with the Ground Water Rule as it pertains to treatment requirements.  The Boil Order was lifted on 4/15/2014 by MassDEP. Additional requirements of today's Order remain in effect. This action will protect the approximately 100 customers served by this system.  

4/15/14: MassDEP entered into a Consent Order with an $8,630 Penalty involving Siemens Healthcare Diagnostics, Inc., for Air Quality and Hazardous Waste Management violations in Canton. A multi-media inspection by MassDEP revealed that they were accumulating hazardous waste at the site of generation in excess of the prescribed accumulation period, failed to properly label containers of hazardous waste, failed to provide all necessary emergency coordinator information in the emergency contingency plan, and failed to record every weekly inspection of the hazardous waste accumulation area.  Siemens Healthcare Diagnostics, Inc. failed to apply for a required 'limited plan approval' to control the greater than one ton per year of volatile organic compound emissions from its production activities.  Siemens Healthcare Diagnostics, Inc. was not in full compliance with its plan approval(s) as an emergency generator was installed with an exhaust stack of the incorrect length and failed to maintain required record-keeping.  In addition, Siemens Healthcare Diagnostics, Inc. failed to conduct annual efficiency testing on the facility's eight boilers and submit an accurate source registration. Today's ensures compliance with the all appropriate requirements.

4/14/14: MassDEP issued a Unilateral Order to Patrick Leighton for Wetlands violations in Hadley. Today's Order requires Leighton to cease and desist from cutting in the 'riverfront area' of the Connecticut River.  MassDEP issued the order after receiving a complaint from an abutter and a request for assistance from the Hadley Conservation Commission.  Additional inspections and action are anticipated.

4/11/14: MassDEP entered into an Amendment to an existing Consent Order with the town of Petersham for Water Supply violations in Petersham. In response to bacteria detections and corrective action work undertaken by the town, MassDEP initiated and concluded today's Amendment to establish new response actions and a new 12-month period for disinfection installation if multiple detections of bacteria occur during that time.

4/11/14: MassDEP entered into an Amendment to an existing Consent Order with Hilltown CDC for Water Supply violations in Chesterfield. MassDEP initiated and addressed today's Amendment to address elevated nitrate above the maximum contaminant level and a new deadline for completing corrective actions.

4/9/14: MassDEP issued a Boil Water Order to Finecamp KOA of Webster for Water Supply violations. Initially, the order was issued verbally on 4/5/2014.  The respondent is the owner and operator of a transient non-community water system at Webster Family Campground, 106 Douglas Road in Webster. The system operator notified MassDEP that a routine bacteria sample from the facility tested positive for e coli. bacteria.  Required repeat sampling was not conducted properly, however, the source water for the supply tested positively for total coliform. This system is in noncompliance with repeat monitoring requirements, monthly (and acute) maximum contaminant level under the total coliform rule, which may pose an acute risk to public health from short term exposure. Through today's Order, the respondent is required to provide public notice to boil the water until further notice and disinfect the source, as well as the distribution system. Today's Order also requires the system operator to conduct additional sampling, perform corrective actions, submit reports as outlined, and provide an updated distribution map to MassDEP. Today's Order was lifted on 4/9/2014 by MassDEP; the additional requirements of the UAO remain in effect. This action will protect approximately 50 customers served by this system.

4/9/14: MassDEP issued a $1,000 Reporting Penalty Assessment Notice to eleven (11) Dry Cleaners under the Non-Filer Enforcement Initiative. These dry cleaners located across the state failed to submit their 2013 annual Environmental Results Program (ERP) certification that was due as of 9/15/13.  All of these facilities were issued $500 RPANs within the previous two years for not filing their annual certifications on time, so by failing to do so last year, they became repeat violators. MassDEP gave these dry cleaners 21 days to return to compliance by submitting their overdue certifications and paying the penalties they have been assessed. More information: ERP-Dry Cleaners  

4/9/14: MassDEP entered into a Consent Order with the Housatonic Water Works Company for Water Supply violations in Great Barrington. The Order addresses the water system's copper levels, which are above the 'Action Level' and the system's subsequent failure to conduct certain follow-up sampling required and failure to complete certain reports required to be submitted to MassDEP. Today's Order also requires water quality sampling and reporting, a report on the possible causes for the elevated copper and corrective action options and a report of the calculations conducted with the sample results.

4/7/14: MassDEP entered into a Consent Order with a $17,050 Penalty involving Empire Today LLC for Asbestos violations in Cambridge. MassDEP responded to a complaint from the West Cambridge Pediatric & Adolescence Medicine Center of improper asbestos handling at 575 Mount Auburn Street in Cambridge. MassDEP observed during an inspection of the site that asbestos-containing material had been improperly removed and handled by the respondents' third party vendor. The improperly packaged asbestos containing waste material was removed from the site and brought to a location in Framingham. As a result of the violations observed by MassDEP, Empire Today, LLC will pay $12,700 and $4,350.00 will be suspended for a period of one year pending compliance with the regulations.

4/7/14: MassDEP entered into a Consent Order with a $112,725 Penalty involving Nealcass Inc. for Asbestos violations in Waltham and Malden. MassDEP responded to a complaint from the owner of 59 Augustus Road, in Waltham, about possible improper asbestos removal and visible emissions at the residential location.  MassDEP observed during an inspection of the Waltham Site that asbestos containing material had been removed and handled dry causing visible emissions which entered the living space of the residence via breaches in the containment. In addition, MassDEP personnel determined that the respondent failed to notify MassDEP of the full scope of the project. MassDEP responded to a complaint alleging that notifications filed by the respondent for work at Malden Catholic High School, 99 Crystal St., in Malden, did not represent all of the respondent's work at said location. MassDEP personnel determined that the respondent failed to notify the Department of the full scope of the projects and failed to remove asbestos contaminated plastic sheeting used during the abatement process from the Malden Site as required by the regulations. In addition, during the investigation MassDEP determined that the respondent failed to the pay the required filing fee at multiple other sites. The respondent will pay $20,000 and $92,725 will be suspended for a period of three years. Financial ability to pay the penalty was a factor in reaching this agreement.

4/7/14: MassDEP entered into a Consent Order with a $76,000 Penalty involving Nealco Too Inc. for Asbestos violations in Malden. MassDEP responded to a complaint alleging that notifications filed by the respondent for work at Malden Catholic High School, 99 Crystal St., in Malden did not represent all of the respondents work at said location.  MassDEP determined that the respondent failed to notify the Department of the full scope of the projects and failed to remove asbestos contaminated plastic sheeting used during the abatement process from the Malden Site as required by the regulations. As a result of the violations observed by MassDEP, the respondent was assessed a $76,000. The entire Penalty will be suspended for a period of three years; financial inability to pay the penalty was a factor in reaching this agreement.

March 2014

3/31/14: MassDEP issued a $17,455 Penalty Assessment Notice to Sherrill Gould for Waste Site Cleanup violations in Groton. Sherrill Gould, of Littleton, Massachusetts, owns a property on Mill Street in Groton, which was formerly a repair garage and unpermitted junkyard.  Lead and polychlorinated biphenyls (PCBs) were first identified in the soil at the property in January 2000.  In March 2013, a contractor for Gould began site work to construct a residence at the property. The contractor excavated soil in two areas that had previously been determined by Gould to be contaminated. Gould failed to submit a RAM Plan and performed the work without the oversight of a Licensed Site Professional (LSP). Gould also failed to manage the contaminated soil properly. MassDEP held an initial enforcement conference with Gould, but was unable to negotiate a consent order, leading to today's Unilateral Order.

3/31/14: MassDEP issued a Unilateral Order to the city of Gloucester for Water Pollution Control and Wastewater Management violations for failing to adequately maintain pump stations. he pump stations are located at the Department of Public Works, and Goose Cove.  MassDEP had conducted an announced inspection of several city-owned pump stations. Among other issues, the two stations noted above were heavily corroded from hydrogen sulfide gas and posed immediate health and safety problems. Specifically, the Goose Cove pump station's wet-well ventilation is inoperable. Hand-held gas detection meters registered alarms for hydrogen sulfide and did not subside while we were on-site to allow for safe entry. The wet well door was badly corroded and propped shut with a steel bar.  The pump station at the DPW wet-well door is also severely corroded and totally unsecured to unauthorized access. There is no fencing or other gates to prevent someone from opening the wet well door and gaining direct access. Other issues were also identified. Today's Order directs the city to fix the ventilation and install new doors immediately.  Work to be completed no later than 4/7/14.Additional enforcement action to bring the facility into compliance will be pursued.

3/30/14: MassDEP issued 50 Notices of Noncompliance as part of the Underground Storage Tank (UST) Enforcement. MassDEP issued the Notices to the facility owner/operators for failing to have UST third-party inspections completed by their respective due dates through 8/31/13. MassDEP gave the offenders 45 days to return to compliance. The facilities that fail to complete inspections will be subject to additional enforcement measures, which could include financial penalties. The facility owner/operators are required to hire MassDEP-approved third-party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. MassDEP also issued standard penalty assessment notices (SPANs) to another ten UST facility owner/operators for failing to respond to their initial NONs. More information: UST Program 

3/30/14: MassDEP issued 24 Notices of Noncompliance to facilities relative to Enforcement of the Commonwealth's Waste Ban on disposal of materials. Among the 24 entities are retail stores, companies, waste haulers and solid waste facilities. These were cited for disposing or transferring for disposal various materials that are subject to waste disposal bans in Massachusetts regulations. Among the waste bans are wood and construction debris, cardboard, and other recyclable materials and/or yard wastes. The violators were given 30 days to provide MassDEP with a written description of each action taken to correct the violations cited in their notices of noncompliance including status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information: Waste Bans 

3/28/14: MassDEP entered into a Consent Order with a $15,050 Penalty involving Pan Am Railways Inc., for Asbestos violation at 1700 Iron Horse Park in North Billerica.  MassDEP responded to a complaint from the Billerica Fire Department about the improper handling of asbestos. MassDEP observed during an inspection of the site that asbestos-containing debris was mixed with fire debris and exposed to ambient air at the site.  MassDEP determined that the fire had occurred more than a month prior to the complaint response. Respondents failed to properly remove and handle asbestos-containing materials mixed with building debris resulting from a structure fire at the site. As a result of the violations observed by MassDEP, the will pay $10,700 and $4,350 will be suspended for a period of one year pending demonstrated compliance.

3/28/14: MassDEP entered into two separate Consent Orders relative to the Cecil Smith Landfill on Old Fall River Road in Dartmouth. The orders center on the assessment and closure of the 25-acre, privately owned, inactive unlined Cecil Smith Landfill located at 452 Old Fall River Road, Dartmouth. The final closure design plan will reduce the proposed volume of grading and shaping materials by 174,000 cubic yards (-16%) and the peak landfill height by 20 feet (-25%). One enforcement document is a Consent Order with $168,000 Penalty, which was entered into with the landfill owner (Mary Robinson).  This will address past violations of the provisions of the Solid Waste Regulations for not closing/capping the unlined inactive landfill, and not monitoring/maintaining the landfill, as well as for having allowed unpermitted activities to take place on the landfill.  This Order also serves as a means to resolve a previously issued Unilateral Order for which compliance was not achieved.  The payment of the Penalty by the owner will consist of two (2) facets: one facet will be payment of $42,000 to the Commonwealth, and the other facet will be the creation of a Supplemental Environmental Project (SEP) fund in the amount of $126,000. Under this SEP and with input from the town of Dartmouth, the projects may include work that mitigates impacts to the town of Dartmouth's residents, or the town infrastructure that are affected by activities approved under this Order. Projects may also include those that provide additional environmental protection or remediation measures. The Order also provides for stipulated penalties for future noncompliance with the terms of the Order.  The second enforcement document for today is a Consent Order which was jointly entered into with both the property owner (Mary Robinson) and Boston Environmental Corporation ("BEC"), and pertains to the establishment of the terms, conditions and compliance schedule for closing/capping the landfill. Under this Order, the landfill will be closed/capped by BEC on behalf of the owner, within a four (4) year timeframe through the implementation of MassDEP's "Revised Guidelines for Determining Closure Activities at Inactive Unlined Landfill Sites". Revenue generated will be from the delivery/use of 926,000-cubic yards of approved landfill closure grading/shaping materials and processed construction and demolition materials. This revenue will be used to pay for the assessment and capping of landfill and to establish a 30 year post-closure monitoring & maintenance fund that would be administered by an independent third party, during the post-closure period, and after the landfill is capped. The Order also provides for stipulated penalties for future noncompliance with the terms of the Order.   

3/26/14: MassDEP entered into a Consent Order with a $23,760 Penalty involving, S&R Corporation for Wetlands and Surface Water Discharge violations in Lowell. The violations occurred on property at 706 Broadway Street in Lowell. Responding to a complaint about silt and trash-laden snow being dumped into the Pawtucket Canal in Lowell, MassDEP inspected the area and confirmed that snow containing silts and other debris was piled in the canal at the base of the canal wall adjacent to the property.  The pile was similar and located in the same location as was observed in 2007.  The 2007 observations resulted in MassDEP issuing a Unilateral Order that specifically required the company to cease the activity, and conform to the MassDEP snow disposal guidance.  Under today's Order, the S&R Corporation will conform to the snow disposal guidance and with a comprehensive O&M plan developed for the property.  The company will also pay $5,000 with the remaining $18,760 suspended pending compliance with the terms of the Order over the next three years.

3/26/14: MassDEP entered into a Consent Order with Southwick-Tolland-Granville Regional School District for Water Pollution Control, (septic system) violations in Southwick. STGRD operates and failed to properly address the wastewater system at the school.  A Title 5 inspection discovered that the design flow for the School Campus exceeded 15,000 gallons per day. In addition, the school is planning an expansion and extension of the municipal sewer system to serve the campus.  Today's Order includes a requirement for submitting a detailed schedule for the construction of the sewer connection and interim measures to monitor the existing system to protect the public health.

3/26/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving T&H Truck Sales for Solid Waste violations in Chicopee. T&H Truck Sales failed to properly address the burial of approximately 30 cubic yards of solid waste on their property in Chicopee.  The waste has been assessed and removed for proper disposal and recycling.  T&H Truck Sales will pay the $3,000 Penalty.

3/26/14: MassDEP issued a Demand for an $8,312.50 Penalty to Envirogreen, LLC, for violations in Pittsfield. Envirogreen, LLC of Jamaica Plain, had been cited for violations discovered during a MassDEP inspection at 161 Second Street in Pittsfield.  At that location, damaged transite siding and incomplete cleanup and disposal of the transite siding was found at the site.  Envirogreen, LLC had been entered into a Consent Order to address similar violations in 2013.  The company in that earlier Order had a suspended penalty in the amount of $8,312.50.  Today's demand requires the payment of that $8,312.50 suspended penalty.

3/24/14:  MassDEP entered into a Consent Order with Drive-O-Rama, Inc., for Waste Site Cleanup violations at 342 Main Street in Dennisport. MassDEP entered into a Consent Order with the individuals that own this property at 342 Main Street, Dennisport. There had been a release of oil and hazardous materials in June 2013 at this location, and MassDEP issued the respondent a Notice of Noncompliance (NON) for having failed to complete the response actions in a timely manner as specified in the state regulation. The respondent requested additional time in which to comply with the NON.  Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should the respondent fail to comply.

3/24/14: MassDEP entered into a Consent Order with a $12,650 Penalty involving Mill River Watertakers Association, Inc. for Water Supply violations in New Marlborough. Mill River Watertakers Association, Inc. is the owner of a community public water system. Today's Order addresses repeated violations of the drinking water regulations, specifically the requirement to maintain and document the specific chlorine residual for the system on multiple days and failure to develop a capital improvement plan and asset management plan for the system. The water supplier will pay $1,000 of the Penalty and MassDEP has agreed to suspend the remaining $11,650 pending compliance with the provisions by the respondent.

3/24/14: MassDEP entered into a Consent Order with a $7,500 Penalty involving  Condron Real Estate LLC for Wetlands violations in Lanesborough.  Condron Real Estate LLC will address the alteration of approximately 11,000 square feet of riverfront area and the placement of fill in approximately 1,000 square feet of bordering vegetated wetland on the land of Condron and an abutter in Lanesborough.  Condron agreed to restore the altered riverfront area and BVW area, in addition to developing a stormwater plan to manage stormwater for activities at the site, which are outside the resource areas. Condron agreed to pay $2,500 of the Penalty, and MassDEP will suspend the remaining $5,000 provided the requirements of the Order are met.

3/21/14: MassDEP entered into a Consent Order with the city of Fall River Water Division for Water Supply violations in Fall River, specifically exceeding the running annual average for trihalomethanes (THM's) during the third and fourth quarters of 2013.  THM's are disinfection byproducts formed when certain disinfectants, chlorine in this case, react with organic matter.  The city has taken actions to reduce THM's in their water.  Today's Order requires the city to conduct an engineering study and formulate options to prevent future elevated THM levels.

3/21/14: MassDEP entered into a Consent Order with a $17,700 Penalty involving Pittsfield Pipers, Inc. for Asbestos violations in Pittsfield.  The violations were discovered during a MassDEP inspection of Pittsfield City Hall where Pittsfield Pipers had performed maintenance on December 3, 2011.  Damaged insulation was found at the site.  In addition to remediating, or properly cleaning, the site, Pittsfield Pipers, Inc., has fully cooperated with MassDEP.  The response party has agreed to train its employees in asbestos awareness.  The penalty of $17,700 will be suspended provided there are no further violations of the regulations.

3/21/14: MassDEP issued a Declaration of Water Emergency to Northland Cliffside LLC in Sunderland. Northland Cliffside LLC is the owner of a large residential apartment complex and community public water system.  The wells serving this public water supply failed, leaving residents without water, so Northland Cliffside LLC petitioned for today's declaration. MassDEP's Order authorizes the use of bottled or bulk water or the activation of the emergency interconnection with Sunderland Water District.  The interconnection was brought into service for t his public water supplier.

3/20/14: MassDEP entered into a Consent Order with the town of Southampton Water Commissioners for repeated occurrences in which elevated levels of total coliform (bacteria) were detected in its public water supply system in Southampton.  Today's Order includes response actions, including disinfection, should multiple detections of total coliform and/or other violations of the total coliform rule occur within the next twelve months

3/19/14: MassDEP issued a Unilateral Order to Waubeeka Springs Good Will Water Association, for repeated elevated levels of total coliform (bacteria) within its water supply system in Williamstown. Today's Order includes requirement for certain response actions, including disinfection in the event there are multiple detections of total coliform within the next twelve months. Today's Order also requires a list of current service connections.

3/19/14: MassDEP entered into a Consent Order with a $27,464 payment of penalty and back compliance fees involving Karl Storz Endovision, Inc., for Air Quality and Hazardous Waste Management violations in Charlton. Karl Storz Endovision, Inc. failed to comply with the regulations at its facility that manufactures high resolution endoscopic instruments. Violations discovered during inspections and record reviews included having the potential to emit volatile organic compounds ("VOCs") and hazardous air pollutants ("HAPs") at major threshold quantities without an air quality approval.  Hazardous waste violations included acting as a large quantity generator of hazardous waste (lead waste) while classified as a small quantity generator.  Under the terms of today's Order, Karl Storz Endovision, Inc. agreed to submit an Air Quality Plan approval that will restrict air emissions to non-major thresholds, correct all hazardous waste violations, and pay $27,464 in penalties and back compliance fees.  

3/18/14: MassDEP entered into a Consent Order with the town of Dartmouth for Water Supply violations at 751 Allen Street in Dartmouth. The town of Dartmouth's Water Division exceeded the running annual average for trihalomethanes (THM's) during the third quarter of 2013.  THM's are disinfection byproducts formed when certain disinfectants, chlorine in this case, react with organic matter.  The town has taken actions to reduce THM's in its water supply.  Today's Order requires the town to conduct an engineering study and formulate options to prevent future elevated THM levels.

3/18/14: MassDEP entered into a Consent Order with a $2,880 Penalty involving Calorique, LLC for Air Quality and Hazardous Waste Management violations in West Wareham. Calorique, LLC was determined to be in violations following a multi-media inspection by MassDEP revealed that they had not certified compliance as a midsize printer in the Environmental Results Program (ERP). The facility is not meeting the cleanup solution standard and record-keeping requirement of the ERP Printers Program.  Calorique, LLC was not in full compliance with their plan approval limits. In addition, Calorique, LLC had shipped hazardous waste using the incorrect generator number.  Today's Order ensures compliance with the Hazardous Waste and Air Quality control requirements.

3/18/14: MassDEP entered into a Consent Order with a $30,000 Penalty involving John Martins for Waste Site Cleanup violations at 859 Washington Street in Attleboro.  At that location, a release of oil and hazardous materials occurred, and in March 2010, MassDEP issued the respondent a Notice of Noncompliance (NON) for having failed to conduct response actions at the site in accordance with state regulations.  The respondent requested additional time in which to comply with the NON. In January 2011, MassDEP entered into a Consent Order with the respondent to establish negotiated timelines for the completion of necessary response actions at the site. The respondent has failed to submit the required phase four remedy implementation plan and final response action outcome (closure) by the dates established in that Consent Order. Today's Order contains a $30,000 Penalty for failing to submit the work by the dates established. Today's Order further establishes negotiated timelines for completion of the required work at this site.

3/17/14: MassDEP issued a Unilateral Order to Northeast Behavioral Health Corporation (formerly Health And Education Services, Inc.) for Water Pollution Control violations in Topsfield. The Northeast Behavioral Health Corp. is the owner and operator of Nike Village, a residential community for the treatment of physically and/or mentally afflicted clients in Topsfield.  Today's Order requires immediate actions to be taken to cease the discharge of an active sanitary sewer overflow (SSO) from the on-site wastewater pump station and take corrective actions to repair/replace all failed components.  Both pumps were in failure mode, on-site visual and audible alarms had been turned off, components for appropriate alarm notification to responding staff had been terminated and the site was unsecured.  The pump station terrain drains to and directly abuts the watershed of a public drinking water supply.  The Topsfield Fire Department, responding to a medical aide call on Sunday 3/9/14, reported the SSO to the Topsfield Board of Health.  MassDEP was not made aware of the situation by the BOH until three days later.  The SSO was actively discharging during MassDEP's inspection on 3/13/14. Four years prior, on 4/22/10, MassDEP executed a Consent Order with HES, Inc. (the respondent at that time) for the same facility and the same violations. Additional enforcement actions will be undertaken.

3/14/14: MassDEP executed a Consent Order with a $17,260 Penalty involving Hurley/Readville Realty Co., LLC, for Waste Site Cleanup violations at 8 Industrial Drive in Readville. Hurley/Readville Realty Co., LLC specifically violated the Activity and Use Limitation (AUL) attached to this property which is located in the Readville section of Boston. A notice of noncompliance was issued on 6/26/13.  Hurley/Readville failed to respond to this notice.  Today's Order requires Hurley/Readville to pay $10,630 of the Penalty with the remainder suspended pending compliance, the correcting of all violations and remaining in compliance with the requirements. MassDEP has agreed to suspend that portion of the penalty for one year if the company remains in compliance.

3/14/14: MassDEP entered into a Consent Order with a $1,970 Penalty involving Keystone Automotive Enterprises for, Hazardous Waste Management violations in Taunton.  The Compliance and Enforcement program issued a Notice of Noncompliance to Keystone Automotive Enterprises, located at 250 John Hancock Street in Taunton. On 12/12/13, MassDEP conducted a multi-media inspection of keystone and cited Class I (acting out of status) and Class II violations relating to hazardous waste management.  

3/14/30: MassDEP issued 19 Notices of Noncompliance to separate dental facilities under the Dental Amalgam Mercury Recycling Enforcement measure. Each received a $500 Penalty for failing, after repeated reminders and warnings, to certify compliance with the regulations by 6/15/13.  Each of these dental facilities had to demonstrate that they installed and were operating approved amalgam separator systems to eliminate mercury from their wastewater discharges. Dental facilities that use mercury amalgam are required to do this every five years. MassDEP issued notices of noncompliance (NONs) to a number of non-filers in December 2013, giving them 30 days to submit their overdue certifications and fee payments of $460 per facility. The 19 cited last month never responded. The agency gave these violators 21 days to return to compliance, and pay both their overdue fees and penalties, or risk higher-level enforcement, including penalties of up to triple the amount they have been issued to date. More information: Amalgam Recycling  

3/13/14: MassDEP entered into a Consent Order with the International EC, LLC, for Water Supply violations in Granby. International EC, LLC, is the owner of the MacDuffie School, a community public water system.  Today's Order addresses repeated violations of the lead and copper rule requirements, specifically multiple monitoring violations, and levels of copper in excess of the regulatory action level. Today's Order specifically entails a number of pro-active response actions that will be taken to address the violations.

3/13/14: MassDEP issued a Demand for a $100 Penalty to Stockbridge Sportsmen's Club, Inc., for Water Supply violations in Stockbridge. The Penalty amount was a provision in a previously established Consent Order.  Specifically, the respondent installed a disinfection system that MassDEP has determined does not meet regulatory requirements and failed to submit a permit for a disinfection system. The payment of the stipulated penalty is now required.

3/13/14: MassDEP issued a Demand for a $1000 Penalty to the Town of Petersham for Water Supply violations in Petersham. The Penalty amount was a provision in a previously established Consent Order. Specifically, the respondent has not reported to MassDEP that it has installed disinfection as required and has not submitted a permit application for a disinfection system. Payment of the stipulated penalty is now required.

3/11/14: MassDEP entered into a Consent Order with the city of Westfield for Surface Water discharge violations in Westfield. MassDEP concluded the Order with the City of Westfield to address a Sanitary Sewer Overflow (SSO) in the city.  Today's Order requires the city to report all future SSOs, analyze past SSOs for patterns and areas of chronic problems, develop a system for timely SSO reporting and submit an Inflow and Infiltration Control Plan.

3/11/14: MassDEP entered into a Consent Order with Robert and Jacqueline Spielman for Wetlands violations in Lenox. MassDEP concluded today's Order with Robert and Jacqueline Spielman to address the alteration of 11,436 square feet of Wetlands at the Spielman's residence prior to acquisition of the property by the Spielmans. The violation was identified in the process of permitting proposed work at the site. The Spielmans have submitted, and the Department approved, a plan for the restoration of the altered wetlands at the site.

3/11/14: MassDEP entered into a Consent Order with Aquarius Water Company, Inc., for Water Supply violations in Belchertown. Aquarius Water Company, Inc. is the owner of the Sportshaven Mobile Home Park, which operates a community public water system in Belchertown.  Today's Order was issued to address the company's failure to correct deficiencies identified at this public water system during its sanitary survey in order to address multiple total coliform rule violations, and to obtain and retain the services of a certified operator.  Today's Order includes specific requirements that the respondents to take corrective actions respond to total coliform detections and obtain the services of a certified operator.

3/11/14: MassDEP issued a $580 Penalty Assessment Notice to Aquarius Water Company, Inc. for Water Supply violations in Belchertown. Aquarius Water Company, Inc. is the owner of the Sportshaven Mobile Home Park which serves as a community public water system in Belchertown.  The total penalty amount was $580, of which $290 was assessed for failure to submit the 2012 Annual Statistical Report for Sportshaven Mobile Home Park, and $290 of whi9ch was issued due to failure to distribute and submit the 2012 Consumer Confidence Report and its certification.   MassDEP issued prior notices of noncompliance and Unilateral Order.

3/10/14: MassDEP entered into a Consent Order with a Consent Order with Saint-Gobain Containers, Inc. for Air Quality violations in Milford.  Today's Order will allow the facility that manufactures glass bottles to conduct preliminary construction for the installation of control equipment, furnace upgrades, improved air pollution control equipment, emission reductions and increased emission monitoring as have been ordered by the US EPA in a Global Consent Decree ("GCD") with 12 Saint-Gobain facilities (intervenors) nationwide that violated the Clean Air Act.  Compliance with the requirements and the deadlines within the GCD will be met. However, pre-construction site work such as electrical line upgrades, site remediation, excavations and existing equipment relocations are needed to prepare for the installation of new equipment that include selective catalytic reduction, electrostatic precipitator, semi-dry scrubber, baghouses, and new stack (exhaust/ventilation).

3/7/14: MassDEP entered into a Consent Order with Safdie Architects LLC for Waste Site Cleanup violations in Somerville. Safdie Architects LLC, is the owner of the property at 100 Properzi Way in Somerville. Specifically, the violations were for failure meet deadlines already noted by MassDEP when it issued a Notice of Noncompliance on 7/23/13. Today's Order requires a release abatement measure status report which meets the requirements, and a RAM completion statement which meets the requirements by 5/15/14. In addition, a phase two assessment report which meets the requirements and if applicable, a phase three remedial alternatives analysis report for the site which meets the requirements by 8/15/14. And, a phase four remedial plan selection report for the site which meets the requirements by 2/28/15 and a final response action outcome statement or a remedy operation status which meets the requirements by 8/1/15.

3/7/14: MassDEP entered into a Consent Order with Vidal Garcia to address Waste Site Cleanup violations at 528 Washington Street in (Dorchester) Boston.  Specifically, violations were for failure meet deadlines set out in a prior Consent Order dated 5/12/09. Today's Order now requires a tier two extension submittal which meets the requirements in three days or by 3/10/14. By the end of this month, or 3/31/14, an Immediate Response Action (IRA) status report will be submitted, which meets the requirements, or alternately, an IRA completion statement which meets the requirements. Thereafter, a phase two assessment report which meets the requirements and if applicable, a revised phase remedial alternatives report for the site which meets the requirements by 7/31/14, and a revised phase four report for the site which meets the requirements by 9/30/14 along with a final response action outcome statement for the site, which meets the requirements or, if appropriate, a remedy operation status submittal, which meets the requirements.

3/7/14: MassDEP entered into a Consent Order with a $2,000 Penalty involving Weir Redevelopment Company LLC for Waste Site Cleanup violations in Taunton. The company is the owner of 336 Weir Street, Taunton, a site where there has been a release of oil and hazardous materials.  MassDEP issued the respondent an Notice of Noncompliance for having failed to maintain the property in accordance with the terms and conditions of an Activity and Use Limitation (AUL) that earlier had been recorded for this property.  The respondent did not comply or respond to the NON.  Today's Order contains a $2,000 penalty for failing to respond to MassDEP's original NON.  

3/6/14: MassDEP entered into a Consent Order with Rediker Software, Inc. for Water Supply violations in Hampden.  MassDEP concluded the Order with Rediker Software, Inc. to address repeated violations of the Maximum Contaminant Level for total coliform at this, a transient public water system (PWS).  Today's Order addresses the required response actions, including disinfection, should another elevated level of total coliform bacteria result in a violation within the next twelve months.  

3/5/14: MassDEP entered into a Consent Order with an $8,728 Penalty involving JBS Retailers, Inc. for Underground Storage Tank and Air Quality (vapor recovery) violations at 52 Meridian Street in East Boston.   MassDEP randomly inspected the facility on 5/13/11 and issued a Notice of Noncompliance for underground storage tank and vapor recovery violations.  Randomly chosen by the MassDEP for a second time, the facility again on 6/26/13, showed this station is in continued noncompliance with MassDEP's Underground Storage Tank (UST) and Air Quality (vapor recovery) regulations.  Today's Order requires JBS Retailers, Inc. to pay $4,364 and to correct all violations and remain in compliance with the requirements.  MassDEP has agreed to suspend the remaining $4,364 penalty for one year if the company remains in compliance.

3/4/14: MassDEP executed a Consent Order with a $9,625 Penalty involving 3 Park Drive Operations LLC, for Water Pollution Control (septic system) violations.  The company is the operator of Westford House at 3 Park Drive in Westford. The company, which is based in Kennett Square, Pennsylvania, operates Westford House, a nursing home, where the septic system serving the House is failed, and is causing break out onto the surface of the ground.  In addition, 3 Park Drive Operations LLC failed to have this large septic system (which falls under MassDEP jurisdiction) inspected once every five years as required by Title 5. Under the terms and conditions of the Order, the existing septic system will be visually observed daily to ensure that there is no breakout onto the surface of the ground and the septic system. The system will be pumped as often as needed to prevent breakout or backup until such time as an upgrade system is designed, approved and installed.  The system upgrade shall be completed by December 2014.  In addition, the respondent has agreed to pay the $ 9,625 Penalty which shall be fully suspended pending demonstrated compliance with the Order.

3/4/14: MassDEP entered into a Consent Order with an $860 Penalty involving Cotton Tree Service, Inc. for Waste Site Cleanup violations in Northampton.  On 7/2/13, MassDEP responded to a release of an unknown amount of hydraulic fluid at the Montague Town Hall parking lot off Avenue A in Turners Falls.   Cotton was performing tree removal work at the property, and a hydraulic hose on equipment being utilized ruptured.  MassDEP inspected the site on that day, confirmed that a reportable release had occurred, and issued a Notice of Responsibility to Cotton.  Cotton initiated cleanup on that date, however, Cotton failed to submit a Release Notification Form and an Immediate Response Action Plan to the Department, and also failed to respond to a Notice of Noncompliance that was issued on 9/25/13.  In addition to today's Penalty, the Consent Order requires that Cotton retain a Licensed Site Professional to submit either an Immediate Response Action Plan or final Response Action Outcome (closure) statement within thirty days.

3/4/14: MassDEP issued a $290 Penalty Assessment Notice to Aquarius Water Company, Inc. for Water Supply violations in Hinsdale.  Aquarius Water Company, Inc. is the owner of the Ashmere Water Service community public water system in Hinsdale.  The Penalty in the amount of $290 was issued due to Aquarius Water Company, Inc.'s failure to submit the 2012 Annual Statistical Report for Ashmere Water Service in violation of the regulations.  Prior to issuing the PAN, MassDEP issued a Notice of Noncompliance and a Unilateral Order requiring the submittal of the 2012 Annual Statistical Report.

3/4/14: MassDEP issued a Demand for a $100 Stipulated Penalty to V's Dog House, LLC, in Lanesborough. MassDEP issued a demand for payment to V's Dog House, LLC for the stipulated penalty associated with its violation of an earlier Consent Order.  Specifically, the respondent failed to submit a permit for a disinfection system it was required to install pursuant to the earlier Consent Order, and the disinfection system installed does not meet regulatory requirements. Payment of the stipulated penalty of $100 is required.

February 2014

2/28/14: MassDEP entered into a Consent Order with a $30,000 Penalty involving 28 Andover Street LLC for Waste Site Cleanup violations at 28 Andover Street in Andover. Specifically, the violations were due to the respondent's failure to meet deadlines set out in a previous MassDEP Consent Order as executed on 7/5/12.  Today's Consent Order requires a tier two extension submittal, a phase four remedy implementation status report by 2/28/14 and a final response action outcome statement by 12/31/15. The respondent will pay $6,000 of the Penalty with the remaining $24,000 suspended with a stipulated penalty provision for any missed deadlines.

2/28/14: MassDEP entered into a Consent Order with Gellar's Auto Repair, 506 State Road in Plymouth. MassDEP entered into a Consent Order with the individuals that own Gellar's Auto Repair (a former gas station) at 506 State Road, Plymouth, from which there had been a release of oil and hazardous materials. In June 2012, MassDEP issued the respondents a notice of noncompliance (NON) for having failed to complete the response actions that were established in the Consent Order in a timely manner. The respondent had requested additional time in which to comply with the NON and then requested technical assistance from MassDEP. Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should the respondent fail to comply.

2/28/14: MassDEP entered into a Consent Order with a $15,000 Penalty involving 7-131/2 Nantasket Avenue in Hull from which there has been a release of oil and hazardous materials. In April 2012, MassDEP issued the respondent a notice of noncompliance (NON) for having failed to complete the response actions that were established in the NON and in a timely manner. The respondent did not comply or respond to the NON. Today's Order establishes negotiated timelines for completion of work at the site and contains a $15,000 penalty for failing to respond to MassDEP's original NON.

2/27/14: MassDEP entered into a Consent Order with an $18,700 Penalty involving Brewer Plymouth Marine for Chapter 91 Waterways violations at this facility which included the unauthorized placement of floats and a floating breakwater, and the construction of boat racks and building expansion located within an area of historically filled tidelands. Today's Order requires the marina to submit a new Chapter 91 License Application to bring the entire facility into compliance. Today's also requires the marina to do improvements which will enhance public access to and along the waterfront will also pay $18,700 to be paid within 30 days and $18,700 suspended pending compliance.

2/26/14: MassDEP entered into a Consent Order with Dan D'Arcy for Water Supply violations in Granby.  D'Arcy operates an unregistered public water system at the 47-49 West State Street in Granby.  This represents a violation of the Massachusetts Drinking Water Regulations. Today's Order includes the required steps to take to bring the facility into compliance, including registration, operator, water quality monitoring, Emergency Response Planning, source evaluation and modifications, source protection and water quantity limitation requirements.

2/25/14: MassDEP entered into a Consent Order with a $7,400 Penalty involving Virginia Carrolo for Waste Site Cleanup violations at 307 Center Street in Ludlow. Today's Order was due to the failure to comply with a Notice of Noncompliance which requires submittal of status reports for the site's active sub-slab depressurization system (SSDS)?  The SSDS is operated here along with a portion of which is currently operating as Carmon Cleaners. The SSDS is being operated to control chlorinated volatile organic compound (CVOC) vapors from entering the building. An historic release of CVOCs resulted from solvent spills at the site from past operations. Under today's Order, the entire Penalty of $7,400 is suspended, but requires that Carrolo continue to operate the existing SSDS and submit status reports every six months. The Order also requires that additional assessment of indoor air be conducted in the two remaining commercial spaces within the site building.

2/25/14: MassDEP issued a Demand for $145 Penalty to Glacier Water Services, Inc., in Northampton.  MassDEP issued a demand for payment of the suspended penalty, specifically due to the respondent's failure to complete its public notification requirement and for its failure to monitor and report chlorine residuals. Both of these represent violations of a previous agreement spelled out in a Consent Order with MassDEP.

2/25/14: MassDEP was notified that Suffolk Superior Court had issued a temporary restraining order (TRO) to David Padellaro/Merrimack Street Redevelopment Authority LLC in Lawrence. The company owns the former Merrimac Paper site. Today's TRO was issued to Padellaro prohibiting him from conducting illegal demolition and metal salvaging that releases asbestos at the property with the exception of a MassDEP approved plan to finish demolition work at the fire-damaged buildings, in accordance with asbestos, waste cleanup, and hazardous materials laws, as ordered by the City of Lawrence. On 2/25/14, the judge granted the Attorney General Martha Coakley's office a motion for a preliminary injunction for the same activity and motion to attach any non-exempt real or personal property that Padellaro may have in order to prevent Padellaro from transferring assets that may be used to pay for the court ordered demolition activities.

2/25/14: MassDEP reached a Final Settlement Agreement with a $995 Penalty involving Edward Leahy for Water Supply violations in Holden. Edward Leahy of Holden has agreed to correct the violations of the Title 5 Water Pollution Control regulations. MassDEP personnel determined that Leahy performed at least twenty-one (21) inspection of Title 5 (septic system) inspections after his certification as a Title 5 system inspector had lapsed. Today's Order requires Leahy to cease and desist from performing any further inspections that require approval as an approved Title 5 System Inspector until he attends training and passes a standard examination prepared and administered by MassDEP or one of its authorized agents and pay the $995 Penalty. This action will ensure the public is served by professionals who bear current valid certification.

2/24/14: MassDEP issued Notices of Noncompliance to forty-two (42) owners and/or operators of Underground Storage Tanks (UST0 in the Commonwealth. The respondents failed to have UST third-party inspections completed by their
respective due dates (through 8/31/13).  MassDEP had given the offenders forty-five (45) days to return to compliance. The offenders who failed to do so will now be subject to additional enforcement, including financial penalties. UST facility owner/operators are required to have their tank systems inspected every three years by MassDEP-approved third-party Inspectors (TPIs) who are hired by the UST owners. TPIs report their findings to the agency. While they provide advice to their clients about compliance issues, but TPIs are not authorized to enforce laws and regulations. More information: UST TPI 

2/21/14: MassDEP entered into a Consent Order with a $24,000 Penalty involving Hull Forest Lands, LP, for Wetlands violations in Williamsburg. The company's violations were related to the expansion of a gravel pit into the riverfront area on Hull's property in Williamsburg. A review of MassGIS aerial photographs revealed that a gravel pit at this site had been expanded into the riverfront area of the Mill  River and Rogers Brook (which are cold water fisheries).  Site activities also involved the clearing of vegetation and excavation of soil within approximately one acre of riverfront area. Upon learning of the violation, Hull has developed a detailed restoration plan and worked with MassDEP to reach a resolution that provides for the full restoration of the impacted riverfront area in spring 2014 and payment of $13,800 with the remaining $10,200 suspended contingent upon Hull's compliance with the requirements of the Order.

2/21/14: MassDEP issued a Unilateral Order to Grapevine Grill for Water Supply violations in Belchertown.  Upon notification from this public water supply's laboratory that the public water supplier had sample results that showed nitrate levels collected for the first quarter of 2014 had exceeded the drinking water standard. Today's Order was issued to address immediate actions, including public notice, confirmation sampling (PWS had already arranged for this) and additional investigation, and the necessary corrective actions. The public notice requires notice to ensure that water is not provided to infants six months of age or younger (0-6 months old).

2/21/14: MassDEP entered into a Consent Order with a $6,035 Penalty involving SP Machine, Inc. d/b/a Tessier Machine Company, Inc, in Hudson for Hazardous Waste Management violations. The company accumulated hazardous waste in excess of timeframes allowed under its registered status and failed to comply with other requirements. Today's Order requires the company to comply with applicable regulations and pay the $6,055 Penalty.

2/21/14: MassDEP entered into a Consent Order with a $5,678 Penalty involving Whitewater, Inc. for Ground Water and Surface Water Discharge violations in Acton. The violations occurred at the North Acton Treatment Corporation's wastewater treatment operation in Acton.  Whitewater, Inc. is the contract operator. MassDEP personnel inspected a pump station at the facility in response to a call by Whitewater, Inc., to report a sanitary sewer overflow (SSO). The inspection revealed a malfunction at the pump station, and the pump station had an inadequate alarm system. Whitewater, Inc. determined that the malfunction was due to employee misconduct and corrected the problem quickly. Today's Order requires Whitewater, Inc. to inspect all pump stations at wastewater facilities it has under contract, and report any deficiencies to the pump station owner and MassDEP for corrective action, and to develop and submit to MassDEP for review and approval, a Standard Operating Procedure for inspection of the other pump stations, and it will include a log sheet and checklist for inspectors. This action will result in the proper treatment of 5,000 gallons of wastewater
per day.

2/20/14: MassDEP entered into a Consent Order with E. C. Realty Trust for Water Supply violations in Ashby.  Today's Order contains an enforceable schedule to provide an approved public water supply system - a transient non-community public water system -  to serve the Route 31 Store, located on Fitchburg State Road in Ashby.  In order to operate the public water system, the owner is required to operate the on-site well that supplies water to the store in accordance with all the requirements for a PWS which includes: hiring a certified operator; metering of water usage; developing a coliform sampling plan; completing cross-connection requirements; carrying out monitoring requirements; carrying out upgrades as identified; submitting permit applications as identified; and developing an Emergency Response Plan. This action will ensure that anyone served by this PWS will receive water that is safe and fit to drink.

2/19/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Waste Water Environmental Management, Inc. of Chelmsford for Water Pollution Control violations.  The company failed to resolve wastewater violations that occurred at Woodlands Village at Hickory Hills Lake Condominium's wastewater treatment facility in Lunenburg. Waste Water Environmental Management is the contract operator at this facility.  MassDEP inspected the condominium's facility and found that the plant was not being correctly operated and maintained by the company. Evidence of sewage breakout onto the ground was observed due to poorly maintained equipment at the facility. Plans and an operation and maintenance manual for the facility were not present on site as required by the permit. Under today's Order, the company has agreed to develop a checklist for all components of the facility's operation and maintenance and to keep a copy of that checklist on-site. The company has also agreed to provide similar compliance sampling schedule for all The other facilities it has under contract, and to allow MassDEP the opportunity to inspect, and sample those operations.  MassDEP will ensure that documentation, plans and O&M manuals are on-site and that adequate staffing exists at all these other facilities that the company has under contract  The company will pay a $3,000, and today's agreement will result in the proper treatment of 12,500 gallons of wastewater per day.

2/18/14: MassDEP entered into a Consent Order with a $1,000 Penalty involving James DeOrsey, Jr. for Waste Site Cleanup violations in Grafton.  DeOrsey failed to meet deadlines for cleanup response actions at DeOrsey's Garage in Grafton. MassDEP was notified of a release of gasoline from an underground storage tank at this facility in 1997 and the contamination was later classified as a tier two cleanup site in 1998.  None of the following was submitted however: a phase two assessment, remedy alternatives, a remedy implementation and a final response action outcome. In January 2013, MassDEP accepted DeOrsey's assertion of financial inability status.  Today's Order establishes a schedule and requires DeOrsey to complete response actions upon expiration of financial inability status. A $1,000 penalty is suspended pending completion of response actions in accordance with today's Order.

2/1714: MassDEP was notified of results in Worcester District Court involving James Dias who was charged with illegal dumping of Solid Waste in Bellingham.  The case was pursued by the Bellingham Police, Worcester County District Attorney's Office and MassDEP's Environmental Strike Force (ESF).  The Worcester County District Attorney, working with the Bellingham Police and ESF. Dias of Milford was arrested for illegal disposal of solid waste and entered a plea of sufficient facts for a finding of guilty in Milford District Court. Dias was fined $5,000 and placed on four years probation. In addition, the truck used in the dumping was impounded and forfeited and Dias is required to obtain and maintain full-time documented employment as condition of probation. Bellingham Police began an investigation after receiving a complaint that large quantities of solid waste had been dumped along a power line right-of-way. They contacted the ESF who installed several remote covert cameras at the site. The cameras captured a license plate and a man, later identified as Dias, emptying solid waste from his truck. Bellingham police staked out the dump site the next day and arrested Dias with a truckload of solid waste. The property owner contracted with a private company to remove and properly dispose of over 50 tons of solid waste.

2/14/14: MassDEP entered into a Consent Order with a $5,908 Penalty involving Pharmasol Corporation for Hazardous Waste Management violations in Easton. MassDEP had already issued a Notice of Noncompliance to Pharmasol Corporation, on 8/14/13 for the facility located at 1 Norfolk Avenue in Easton. At that time, MassDEP personnel conducted a multimedia inspection of Pharmasol Corporation and cited repeat class two violations relative to the facility's hazardous waste management.

2/11/14:  MassDEP entered into a Consent Order with a $4,867 Penalty involving A-Plus Waste & Recycling Services, LLC, Middleborough for Solid Waste violations.The company specifically violated the former regulation that governed leaf and yard waste composting. A-Plus Waste & Recycling Services, handled compost materials in such a manner as to cause off-site nuisance odor conditions, an unpermitted discharge to the air. A-Plus Waste & Recycling Services, LLC has been assessed a penalty in the amount of $4,867.

2/11/14: MassDEP issued a Unilateral Order to Herring Cove Condominiums Trust (HCCT) for Water Supply violations in Plymouth.  MassDEP issued a Unilateral Do Not Drink Order for the public water supplier due to an elevated level of perchlorate in the drinking water supply of HCCT. Today's Order applies only to the sensitive population, pregnant women, nursing mothers, infants, children up to the age of 12, and individuals with hypothyroidism. These groups should not consume drinking water containing concentrations of perchlorate that exceed the maximum contaminant level of 2.0 parts per billion (ppb).  The measured concentration was 3.2 ppb. On February 8, MassDEP verbally informed HCCT to take corrective action, and notify its consumers, HCCT immediately gave public notice to all residents MassDEP will work with the system to investigate the source and mitigate the impacts. HCCT currently has 5 out of 15 units occupied and no individuals of the sensitive population were identified. HCCT will provide bottled water to the sensitive population if discovered. The area is also served by numerous private wells and notice was given to the local board of health. MassDEP will work with the system to investigate the source and mitigate the impacts. 

2/10/14: MassDEP entered into a Consent Order with a $1,500 Penalty involving Charles A. Parlee and Jeanne L. Parlee for Wetlands violations at 4 Proctor Road in Chelmsford.  The respondents own the property at 4 Proctor Road in
Chelmsford. In response to a complaint, MassDEP inspected the property, conducted soils sampling, and in association with the Chelmsford Conservation Commission agent, determined approximately 22,000 square feet of bordering
vegetated wetlands (BVW) had been filled.  Today's Order requires payment of the $1,500 Penalty and further that a total of 34,200 square feet of BVW will be restored and/or replicated on the property and done under long-term monitoring and reporting requirements.

2/7/14: MassDEP entered into a Consent Order with a $23,000 Penalty involving Easton MHC, LLC for Groundwater violations in Easton. Easton MHC, LLC was cited for failing to comply with an existing Order and for violating the same regulations. Easton MHC, LLC is the owner of a 122 unit manufactured home community in Easton which is served by a permitted wastewater treatment facility. Easton MHC LLC violated the Department's discharge permit regulations and the terms of its groundwater discharge permit by exceeding effluent flow limits, failing to contain effluent within the leaching field and failing to properly operate and maintain the treatment works. Today's Order requires Easton MHC to implement the corrective measures identified in an Infiltration & Inflow investigation. The investigation has already revealed there are numerous deficiencies in the sewage collection system which allow groundwater and storm water to enter the system and cause an excess flow along with breakouts at the leaching field. Easton MHC, LLC will pay $11,500 of the Penalty with the remaining $11,500 suspended contingent upon compliance with today's Order.

2/7/14: MassDEP entered into a Consent Order with Susan and Gene Kosinski of  Westfield for Water Supply violations.  Susan and Gene Kosinski are the owners of Kosinski Farm, which serves as a transient non-community public water system. Today's Order was due to repeated elevated levels of total coliform (bacteria) that exceeded the maximum contaminant level at the Kosinski Farm public water system.  Today's Order includes the necessary response actions in the event that there are multiple detections of total coliform within the next twelve months.

2/7/14:  MassDEP entered into a Consent Order with the town of Williamsburg for Water Supply violations concerning its community public water system. Today's Order addresses the repeated incidents in which elevated levels of total coliform (bacteria) exceeded the maximum contaminant level at the Williamsburg Water Department, which is a public water system. Today's Order includes directions regarding its temporary disinfection treatment, and further response actions if MassDEP allows the removal of the disinfection treatment and multiple detections then re-occurred within the following twelve months.  

2/4/14:  MassDEP was notified by the Massachusetts Attorney General Martha Coakley's Office that a Consent Agreement with a $125,000 Penalty had been reached involving Allied Recycling Inc, & Recycling Walpole LLC, for environmental violations. Allied is located at 1901 Main Street in Walpole. The site was originally inspected by MassDEP in 2009 under the Department's Wetland Change Initiative.  The complaint identified and alleges that 62,760 square feet of bordering vegetated wetlands and 176 linear feet of bank had been altered since 1988 and these altered wetlands were also subject to conservation restrictions. Under the consent judgment, Allied must restore and/or replicate 72,793 square feet of BVW. The complaint also alleges that Allied received construction and demolition waste and wood waste without a permit and failed to properly dispose of materials containing Asbestos. The consent judgment requires Allied to assess the historic and recent solid waste at the site and develop and submit to MassDEP a Solid /Special Waste characterization protocol to properly dispose of the solid and asbestos-containing waste, and correct any handling,storage or reporting of oil or hazardous waste materials at the site. A $100,000 Penalty will be paid, with $25,000 suspended upon full compliance with terms of the agreement. This case's settlement was achieved through partnership among MassDEP and the Massachusetts Attorney General's Office.

2/4/14: MassDEP entered into a Consent Order with a $30,860 Penalty involving Lord Jeffery Apartments (LJA) in Belchertown.  The owners of LJA, Herbert G. Berezin and Gerard F. Doherty, failed to address violations related to a release of oil in 2006 that impacted soil, groundwater and wetlands. This entity repeatedly failed to meet deadlines for assessment and cleanup of an oil spill at the apartment complex, and further that there was failure to meet the applicable performance standards as outlined in the remedy implementation plan that had been submitted in March 2013. LJA will pay $10,000 of the $30,860 Penalty, with the balance suspended provided they remain in compliance with today's Order. Today's Order also establishes deadlines for submittal of an immediate response action status report, a revised phase four remedy implementation plan, and implementation of the comprehensive response action within 180 days.

2/4/14: MassDEP entered into a Consent Order with a $5,000 Penalty involving Balise Motor Sales Company for Hazardous Waste violations at a Balise Motor Sales Company facility at 440 Hall of Fame Avenue in Springfield.  On July 25, 2013, MassDEP emergency response personnel responded to a release of greater than 10 gallons of gasoline and 10 gallons of waste motor oil at Balise Chevrolet Buick GMC facility at 440 Hall of Fame Avenue in Springfield. The release occurred when employees of Balise - in the process of removing debris from a waste storage area - punctured four drums that contained waste oil and gasoline. The drums had been stored in an outside solid waste storage area with no containment, and were not labeled as containing hazardous waste as required by the regulations. In addition to paying the penalty and conducting the cleanup, Balise also agreed the need to re-train its employees on the requirements of its existing environmental obligations specified in an Environmental Management System (EMS). This entity had specifically enacted an EMS as a result of a 2004 Consent Order with MassDEP.

2/1/14: MassDEP during the month of February issued Waste Ban Enforcement Orders to twenty-six (26) entities.  These include retail stores, companies, waste haulers and solid waste facilities who took part in the disposal and/or transfer for disposal, certain materials that have been specifically banned. The items on the banned list in Massachusetts at landfills or incinerators include wood and construction debris, cardboard, yard waste, and other recyclable materials.  The violators were given 30 days to provide MassDEP with its written plan, a description of how each corrective action will be taken to correct the violations cited in the notice of noncompliance that MassDEP issued. The plan will include status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information:  Waste Bans

January 2014

1/31/14: MassDEP issued 41 Notices of Noncompliance to owners/operators of Underground Storage Tank facilities in the Commonwealth. The facility owner/operators failed to have UST inspections completed by the respective due dates (which were in either June or July of 2013). The agency gave the offenders 45 days to return to compliance. The facilities that fail to do so will be subject to additional enforcement measures, including possible financial penalties. The UST facility owner/operators are required to have their tank systems checked every three years by MassDEP-approved third-party inspectors (TPIs) they hire. TPIs report their findings to the agency. While they provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information:   UST-TPI

1/29/14: MassDEP entered into a Consent Order with the town of Hancock regarding Water Supply violations in Hancock specifically to address repeated violations of the maximum contaminant level for total coliform at the Hancock Elementary School public water system. Under today's agreement, the public water supplier has installed disinfection and will report to MassDEP regarding the ability to meet compliance with its permit and will not discontinue disinfection unless MassDEP approves of such action.

1/29/14: MassDEP executed a Consent Order with a $30.000 Penalty involving Mohammad Al Omari for Waste Site Cleanup violations at 454 Water Street in Wakefield. Mohammad Al Omari is the owner and/or operator of the property at 454 Water Street where violations including failure to meet deadlines set out in previously-issued notice of noncompliance dated 6/12/13.  Today's Order requires a tier two cleanup permit transfer and tier two extension by 2/28/14; a phase three remedial alternatives analysis report for the site which meets the requirements by 4/30/14; and, phase four remedial implementation report for the site which meets the requirements by 7/30/14.  Finally, by 7/30/14, the respondent shall submit to MassDEP a response action final outcome statement or a remedy operation status whic9h meets the requirements for the site. Under the terms of today's Order, the respondent has agreed to pay $5,000 of the Penalty with the remaining $25,000 suspended pending compliance with the terms of the Order and meeting all the required deadlines.

1/28/14: MassDEP entered into a Consent Order with a $1,720 Penalty involving the Olde Farm Golf Club, LLC, for Water Supply violations in Southwick. The Olde Farm Golf Club, LLC is the owner of a non-transient non-community public water system at the Ranch Golf Club.  The violations concerned water quality monitoring violations, failure to complete public notice and failure to complete required actions following a sanitary survey. Today's Order includes corrective actions for these violations. The respondent will pay $1,000 of the Penalty with the remaining $720 suspended pending compliance with the provisions of today's Order.

1/24/14: MassDEP executed an Amendment to an existing Consent Order with Jacob's Pillow Dance Festival, Inc., regarding compliance with water supply regulations at its facility in Becket. The amendment to the Order concerned extending the deadlines for reducing water use or installing a new source.

1/24/14: MassDEP executed a Consent Order with a $32,000 Penalty involving Sim Chhuon for Waste Site Cleanup violations at 1687 Middlesex Avenue in Lowell. Sim Chhuon is the owner and/or operator of the property at 1687 Middlesex Avenue where the specific violations included failure to meet deadlines established in an earlier notice of noncompliance that MassDEP issued on 5/2/12. Under today's Order, the respondent is required to submit a tier two (cleanup permit) extension by 1/31/14; submit a phase two assessment by 1/31/14; a phase three remedial alternatives analysis report by 9/13/14; a phase four remedial implementation plan by 12/30/14; and, a final response action outcome statement or a remedy operation status that meets the requirements by 7/30/15. Under today's Order, the respondent has agreed to pay $3,000 Penalty with the remaining $29,000 suspended pending compliance with all terms of today's Order. There is also a stipulated penalty provision for any missed deadlines.

1/24/14: MassDEP executed a Consent Order with a $30,000 Penalty involving Donald F. Knowles Inc. for Waste Site Cleanup violations at 36 Main Street in Rowley.  Specifically, the violations were a failure meet deadlines established in a notice of noncompliance MassDEP issued on 8/30/12. Under today's Order, the respondent is required to submit a final response action outcome statement or a remedy operation status that meets the requirements by 11/5/14.  Also, under today's Order, the respondent has agreed to pay $2,000 of the Penalty with the remainder, $28,000, suspended pending compliance with the terms. There is also stipulated penalty provision for any missed deadlines.

1/17/14: MassDEP entered into a Consent Order with a $48,800 Penalty involving the town of Avon Water Department for Drinking Water violations in Avon.  Specifically, the AWD failed to restore 4-log treatment (or 99.99% disinfection) within 4 hours, failed to notify MassDEP of 15 treatment techniques failures, failure to perform the applicable public notification, and bypassing safety controls on chemical-feed pumps. This case resulted from the former AWD superintendent's guilty plea to two federal counts of knowingly submitting federally required reports to DEP that included materially false representations. On four different dates in 2010, the superintendent reported that residual disinfectant levels at two water treatment facilities in Avon met or exceeded minimum required disinfectant levels, when, in fact, the residual disinfectant levels for each of the dates was below the required level for more than four hours at each of the facilities. The former superintendent, John Tetreault, had his operator's license revoked by the state's Division of Professional Licensure and his employment with the town of Avon was subsequently terminated. Today's Order with the AWD requires the restoration of safety controls on chemical feed systems, the evaluation of existing control systems and the preparation of an evaluation report describing recommended upgrades and/or system modifications to ensure compliant chlorine residual levels. Today's Order requires the payment of $2,000 of the Penalty with the remainder, $46,800, to be suspended contingent upon the town's development and implementation of an Environmental Management System (EMS) in accordance with the terms and conditions of today's Order.

1/17/14: MassDEP entered into a Consent Order with a $23,570 Penalty involving Westboro Road Realty Trust for Solid Waste violations at Treeline Construction, Inc., and Atlantic Construction Service, Inc., in Millbury for Solid Waste violations. The violations occurred at 130 Westborough Street in Millbury. Treeline continued to store concrete, masonry and rock at the facility after a 2008 Notice of Noncompliance required removal of the material. Today's Order requires Treeline to pay the $23,570 Penalty and immediately cease and desist the amassing of any additional solid waste and to comply with all applicable regulations. Within 30 days of the effective date of the consent order, Treeline must submit a proposed compliance plan to MassDEP for approval including the removal and lawful off-site processing and/or disposal of all solid waste currently stored by 6/30/14. Today's action will result in the removal of solid waste relative to its 2011 inspection estimates.

1/15/14: MassDEP entered into a Consent Order with a $6,610 Penalty involving the town of Scituate, for violations at its Wastewater Treatment Facility. The town of Scituate was found to be in violation of the Surface Water Discharge Permit Regulations and the Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Plants. This case involved the discharge of leachate to the ground from grit hopper cleanout of a septage holding tank and the failure to maintain existing de-watering systems. Of the $6,610 Penalty, Scituate will make a payment of $1,652 and conduct a Supplemental Environmental Project which is in the amount of $4,957. This SEP involves the upgrade work necessary to the industrial pumps with variable frequency drives which will result in additional energy and cost savings.  

1/10/14: MassDEP entered into a Consent Order with a $3,000 Penalty involving Lipton, Inc. for Waste Site Cleanup violations in Greenfield.  Lipton, Inc., is the operator of a self-service gasoline station at 100 Mohawk Trail in Greenfield. On 9/30/12,  MassDEP responded to a report from the Greenfield Fire Department that gasoline-contamination had been discovered in the storm drainage system and a small brook adjacent a Shell gasoline dispensing station at 100 Mohawk Trail. The gasoline was eventually determined to have leaked from failed piping under one of the dispensers at the station. Lipton, Inc., is the site operator, and the Estate of Helen Mackin is the site owner. The respondent have retained contractors to repair the dispenser piping, recover the gasoline, and eliminate the discharge of gasoline to the storm drainage system and brook. In addition, Mackin has continued to complete removal of the gasoline contamination from the soil and groundwater at the site, and is currently in full compliance with MassDEP's Waste Site Cleanup regulations.

1/10/14: MassDEP issued a Unilateral Order to the Sudbury Pines Extended Care, Sudbury. Under today's Order, Sudbury Pines Extended Care in Sudbury must take immediate actions to eliminate onsite septic system overflows onto the property, and to take actions to address the cause of the septic system failure. Today's Order also requires Sudbury Pines to pump the system as often as needed to eliminate the risk of further septic system overflows in the future.

1/8/14: MassDEP executed a Consent Order with a $30,000 Penalty involving Framingham Auto Sales, Inc. for Waste Site Cleanup violations in Framingham. The company is the long term owner and operator of an auto dealership at 1200 Worcester Road, Framingham. Framingham Auto Sales Inc. was found to be overdue for submitting a phase one assessment report and a tier classification (determining a numerical ranking detailing extent of contamination). The site was first reported on 2/16/12 after assessment of the property was done. Framingham Auto Sales Inc. has agreed to pay $5,000 with $25,000 of the Penalty suspended. This enforcement action will lead to the cleanup of petroleum in the area of a former heating fuel tank and in the area of a hydraulic lift.

1/7/14: MassDEP entered into a Consent Order with a $7,000 Penalty involving the Estate of Helen Mackin for Waste Site Cleanup violations in Greenfield.  Mackin is the owner of a self-service gasoline station at 100 Mohawk Trail in Greenfield. On 9/30/12,  MassDEP responded to a report from the Greenfield Fire Department that gasoline-contamination had been discovered in the storm drainage system and a small brook adjacent a Shell gasoline dispensing station at 100 Mohawk Trail. The gasoline was eventually determined to have leaked from failed piping under one of the dispensers at the station. Lipton, Inc., is the site operator, and the Estate of Helen Mackin is the site owner. The respondent have retained contractors to repair the dispenser piping, recover the gasoline, and eliminate the discharge of gasoline to the storm drainage system and brook. In addition, Mackin has continued to complete removal of the gasoline contamination from the soil and groundwater at the site, and is currently in full compliance with MassDEP's Waste Site Cleanup regulations.

1/7/14: MassDEP entered into a Consent Order with a $32,000 Penalty involving Richard C. and Pamela M. Albright for Wetlands violations at 270 Boston Street in Topsfield. The Albrights own a residential property at 270 Boston Street in Topsfield. MassDEP was requested to take over enforcement matters on this case by the local conservation commission because the Albrights had failed to fully comply with the local (and multiple) enforcement orders, and extensions (of time) for restoring a vernal pool, intermittent stream and surrounding forested bordering vegetated wetland. The original violations occurred in August of 2007 when the Albrights clear cut, excavated and graded an area of their property to build a large pond surrounded by manicured lawn. This work, in fact, had altered the bank of an intermittent stream and approximately 28,000 square feet of BVW containing a vernal pool. As such, this violation resulted in the issuance of two local orders, a restoration plan and schedule for the work. Another order was issued locally in September 2008. Although work pursuant to the plan was performed, portions of it were in noncompliance with the plan and schedule. Additionally, after planting, during the beginning "grow in" and monitoring period, the entire area of vernal pool, BVW and buffer zone was mowed. In October of 2008 the locals issued the Albrights specific written notification about their obligations under the previous orders and that any future mowing within wetlands jurisdiction required authorization. October 2009 monitoring reports and site visits confirmed that the "grow in" and hydrology of the vernal pool and surrounding BVW were successfully supporting the functional goals of the restoration. However, a July 2010 monitoring report documented that the entire area of vernal pool and BVW had again been mowed. In October 2010, the local agent observed evidence of this, the area had again been recently mowed, a violation. Subsequent negotiations with the Albrights and the TCC regarding compliance with the restoration plan and additional planting to restore forested canopy in the area proved unsuccessful. Under today's Order, the Albrights are required to bring the site into compliance with a revised comprehensive restoration plan that includes significant additional planting to restore a forested canopy and long term monitoring. The Albrights will pay $10,000 of the Penalty and the remaining $22,000 will be suspended pending compliance with the terms.

1/7/14: MassDEP entered into a Consent Order with an $11,000 Penalty involving the Association of Eastern Point Residents, Inc. for Wetlands violations in Gloucester. Specifically, the violations occurred within and on adjacent parcels to a private way known as Brace Cove Road in Gloucester. At the request of the Gloucester conservation commission, MassDEP investigated excavation and re-grading work that had been performed to widen a pedestrian path located within the private way. This work was performed by the Association without the required authorization. The work resulted in alteration of approximately 1,000 square feet of coastal dune within the path, less than 50 square feet of coastal beach on an adjacent parcel, and approximately 350 square feet of bordering vegetated wetland on an adjacent parcel. The document requires full restoration of wetland resource areas with long-term monitoring and payment of $2,000, with the remaining $9,000 suspended pending demonstrated compliance.

1/2/14: MassDEP entered into a Consent Order with a $16,250 Penalty involving James and Celeste Chenier for Wetlands violations in Ludlow. Specifically, the violations involved the alteration of riverfront area, bordering vegetated wetland, bank, land under water as well as bordering land subject to flooding at a farm that is owned by the Cheniers. The work had been done in an effort to establish a hayfield at the site in order to ensure continuation of the Chapter 61A tax status. In addition to constructing a "replacement area" for the violations, the Cheniers will place the area of approximately 3-acre area kettle bog into a conservation restriction, and pay a penalty of $5,000. The balance, $11,250 will be suspended provided the construction of the restoration area is achieved and the conservation restriction and future compliance is maintained.

1/2/14: MassDEP entered into a Consent Order with a $24,000 Penalty involving Chenier's Gravel Bank, Inc. for Wetlands violations in Ludlow. Chenier's Gravel Bank, Inc. has agreed to resolve the alteration of the riverfront area at the gravel bank's property. Chenier's will also delineate the entire site to ensure there are no future violations, as well as restore the riverfront area. Chenier's has agreed to pay $1,000 of the Penalty with the remainder, $23,000, suspended pending compliance.