Press Release  MassDEP Penalizes 1226 Union for Waste Site Cleanup Violations

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has fined 1226 Union, LLC, a real estate development company, for violating requirements regarding activities and uses allowed on contaminated sites. The violations occurred at 1226 Union Street in West Springfield, a property cleaned up by former owner General Electric Company. As part of the cleanup, General Electric created and submitted to MassDEP an Activity and Use Limitation (AUL) document, which restricts access to soil on the property due to the ongoing presence of contaminants including metals, polycyclic aromatic hydrocarbons, chlorinated organic compounds, and polychlorinated biphenyls.

In September 2023, MassDEP discovered violations during a compliance inspection at the property. While installing a parking lot, 1226 Union violated the regulation by disturbing soils within a designated area without having a Soil Management Plan or a Health and Safety Plan as required in the Activity and Use Limitation document. The company also penetrated the site building slab to install a radon reduction system without having a Building Slab Maintenance Plan prepared by a Licensed Site Professional.

MassDEP fined the company $13,750 and required that it take measures to return the site to compliance.

"Activity and Use Limitations are restrictions that play an important role in ensuring contaminated properties are safely managed and used appropriately," said Michael Gorski, Director of MassDEP’s Western Regional Office in Springfield. "Such legal safeguards help facilitate redevelopment while ensuring that future use of the land remains protective of public health as well as the environment."

Owners of properties with Activity and Use Limitations who have questions about the requirements and/or restrictions of an AUL are encouraged to contact their local MassDEP Regional Office for assistance.

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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