Press Release  MassDEP Issues Cease-and-Desist to American Residential Construction for Repeated Violation of a Consent Order at Saugus Construction Site

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has issued a cease-and-desist order to American Residential Construction, LLC (ARC) of Saugus for numerous wetlands and water quality certification violations at a construction site on Berthold Street in Saugus. In addition, MassDEP issued a $6,000 demand letter for a previously suspended penalty due to ARC's repeated failure to submit monitoring reports as required under a previous consent order it signed with MassDEP on October 31, 2016.

"MassDEP inspected this site in February 2018 and attempted to work with the company and its representatives to resolve the issues, but ARC did not respond," said Eric Worrall, director of MassDEP's Northeast Regional Office in Wilmington. "Instead, the company started work at the site again early in 2019 for which it had no approval, making today's actions by MassDEP a necessity."

ARC also failed to comply with the approved project and wetland replication and restoration plans; failed to maintain site stabilization; worked in a jurisdiction after the expiration of the valid order of conditions; failed to record a water quality certification deed restriction as required or even file the water quality certification application; and, repeatedly failed to submit required monitoring reports.
 
MassDEP's cease-and-desist order requires all activity within jurisdiction to stop immediately with the exception of immediate stabilization. It also requires submittal of monitoring reports, with no project work to take place in jurisdiction until the filing of required notice of intent to the Saugus Conservation Commission and MassDEP for approval. The company must also record the deed restriction or file the water quality certification application and receipt of approval.

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