Press Release  MassDEP Penalizes Rutland Developer for Wetlands and Stormwater Violations

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has issued two Demands for Payment of Stipulated Penalty to Brice Estates, Inc., totaling $151,000, for failure to comply with a May 2026 Administrative Consent Order with Penalty. The Order required the company to address Wetlands Protection Act and Clean Waters Act violations that occurred during the construction of the Brice Estates subdivision in Rutland.

“Consent orders impose enforceable requirements to correct violations and return to compliance, and entities that disregard those requirements can face significant civil administrative penalties,” said John Beling, director of MassDEP’s Central Regional Office in Worcester. “Poorly managed construction sites and neglected stormwater systems can cause serious and unnecessary impacts to our natural resources. Those responsible have an obligation to comply with environmental laws, and we will hold them accountable when they fail to do so.” 

Brice Estates agreed to the original consent order’s requirements to restore and replicate altered wetland resource areas and protect wetland resource areas — including those within watershed areas — from erosion, sedimentation and alteration caused by construction or precipitation events. While the company met some of the obligations of the order, MassDEP identified several subsequent violations, including multiple failures to maintain an appropriate standard of care during work resulting in the discharge of sediment into wetlands; failure to manage and repair erosion and sedimentation controls; failure to complete wetland replication and restoration by the agreed-upon deadline; and failure to provide MassDEP with documentation related to the maintenance and inspection of the stormwater management system by the agreed-upon deadline.

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