Press Release  MassDEP Fines Marshfield Management Company for Violating Waste Site Cleanup Rules at "The Shops"

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has fined 1899 Ocean Gate, LLC, $11,000 for failing to notify MassDEP of an unexplained shutdown of a remedial system that was installed at the shopping center known as "The Shops at Ocean’s Gate" to prevent contaminants from entering indoor air.

"This remedial system is intended to prevent volatile organic compounds from contaminating indoor air and potentially exposing workers and visitors of the shopping center to harmful chemicals." said Gerard Martin, Director of MassDEP’s Southeast Regional Office in Lakeville. "Properly implementing and monitoring these systems are crucial to actively and effectively reduce human exposure to such environmental contaminants."

The onsite system, called an Active Exposure Pathway Mitigation Measure (AEPMM), prevents or mitigates migration of subsurface VOCs into buildings. One of the requirements for operating such a system is that MassDEP must receive an automated update in the event of any shutdowns or malfunctions. The AEPMM at the shopping center was not operating for 31 days when MassDEP discovered the violations.

Under the terms of the consent order, in addition to paying the fine, Ocean Gate is required to document the reason for the compliance failure, the steps taken to resume operation of the system and the measures they’ve proposed to prevent such failures from happening again. MassDEP will suspend $1,000 of the assessed penalty if the company complies with the consent order.

MassDEP’s mission is to protect and enhance the Commonwealth’s natural resources – air, water and land – to provide for the health, safety and welfare of all people, and to ensure a clean and safe environment for future generations. In carrying out this mission, MassDEP commits to address and advance environmental justice and equity for all people of the Commonwealth; to provide meaningful, inclusive opportunities for people to participate in agency decisions that affect their lives; and to ensure a diverse workforce that reflects the communities we serve.

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