# MADEP_enforcement

Date: 12/29/04
municipality: ['Hanover']
Text:
  DEP issued a Unilateral Administrative Order and a $35,355 Penalty Assessment Notice to Assinippi, Inc. This is the second enforcement action for the same violations involving the company, which is the owner of Merchant Row Shopping Mall in Hanover. Today's actions were taken as a result of continued violations involving the Mall's Groundwater Discharge Permit, Operation and Maintenance and modifications to a wastewater treatment facility without approval. Sewage flows from the Mall are directed to a wastewater treatment facility that is permitted to treat an average of 20,000 gallons per day. Due to numerous existing site conditions, the wastewater treatment facility has been experiencing strong odors. The owner of the Mall added several types of odor control devices that in addition to being ineffective lacked the proper approval.


Date: 12/29/04
municipality: ['Attleboro']
Text:
  DEP entered into a Consent Order with the Texas Instruments Inc. (TI) and Engineered Materials Solutions Inc. (EMSI) to establish a compliance schedule in order to allow TI's wastewater treatment facility in Attleboro to accept hazardous industrial wastewater from EMSI. Both facilities are located at 34 Forest Street in an industrial complex in Attleboro.


Date: 12/29/04
municipality: ['Framingham', 'North Reading']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty involving the Town of Framingham & Revoli Construction (of North Reading) for Wetlands violations. Revoli, which was hired by Framingham to install a water transmission line, was found in June, 2004 to have violated the Wetlands Protection Act by not controlling erosion, not having siltation controls in place and causing the unpermitted alteration of land under a stream. In addition to the Penalty, Revoli agrees to restore the impacted area.


Date: 12/28/04
municipality: ['Rutland']
Text:
  DEP issued a Unilateral Administrative to Gengel C&S Builders for wetlands violations at a subdivision project in Rutland. DEP determined Gengel had failed to prevent erosion and sedimentation resulting in silt deposition into an intermittent stream. DEP's Order requires Gengel to stabilize the site immediately and to provide the Department with a comprehensive erosion control plan and an evaluation of impacts to the stream within 30 days. Penalty assessments are anticipated.12/23/04


Date: 12/21/04
municipality: ['Northbridge']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty involving TJJ Development Corp. for Wetlands violations at the company's Northbridge facility. TJJ failed to comply with several conditions of their Order at their Solid Waste Transfer Station requiring the company to move waste further away from wetlands, to construct the replication area required in the original Order, and to construct storm water improvements on the site.


Date: 12/21/04
municipality: ['New Bedford']
Text:
  DEP entered into a Consent Order with a $11,395 Penalty involving Revere Copper Products, Inc. of New Bedford for violations of the Hazardous Waste and Air Quality Regulations. A multi-media inspection revealed the company had not complied with


Date: 12/21/04
municipality: ['Norton']
Text:
  DEP entered into a Consent Order with a $14,250 Penalty involving, Wheaton College of Norton. DEP agreed to suspend the penalty, and the College agreed to timelines that will develop, permit, and construct enhancements to its wastewater treatment facility. The improved facility will be designed to attain compliance with Wheaton's recently revised National Pollution Discharge Elimination System (NPDES) Permit issued jointly by the EPA and DEP. This action culminates a cooperative EPA/DEP compliance & enforcement action where EPA focused on past violations, and DEP focused on future compliance.


Date: 12/20/04
municipality: ['Templeton']
Text:
  DEP issued a Unilateral Administrative Order and Notice of Intent to assess a $46,702.50 Penalty to Templeton Auto Parts of Templeton. Frederick Hutchinson, the proprietor, was cited for illegal storage of approximately 30,000 used tires. The order requires Mr. Hutchinson to remove the tires.


Date: 12/19/04
municipality: []
Text:
  DEP entered into a Consent Order with a $17,250 Penalty involving Boston Ship Repair (BSR) of South Boston. The company had installed and operated equipment that emits in excess of 5 tons per year of Volatile Organic Compounds for approximately 10 years without approval in violation of air quality regulations. BSR has filed the necessary plans, and DEP will issue its approval concurrently with the signing of this Order.


Date: 12/17/04
municipality: ['Worcester']
Text:
  DEP executed a Consent Order with a $10,200 Penalty involving Sem-Tec, Inc. of Worcester for Hazardous Waste violations. An inspection by DEP, noted that Sem-Tec failed to follow numerous waste-oil container requirements, including the storage of waste oil for an extended period of time. DEP agreed to suspend $9,700 of the Penalty based on financial hardship.


Date: 12/17/04
municipality: ['Milford']
Text:
  DEP entered into a Consent Order with a $4,020 Penalty involving Benjamin Moore & Co. of Milford for Hazardous Waste violations. DEP observed the company generated and accumulated hazardous waste in excess of Very Small Quantity Generator Regulations. The total Penalty reflects, in part, past compliance fees.


Date: 12/17/04
municipality: ['Leominster']
Text:
  DEP entered into a Consent Order with a $3,905 Penalty regarding Modern Dispersions, Inc. of Leominster for Air Quality and Hazardous Waste Violations. DEP personnel observed the company failed to maintain air pollution control equipment, generated hazardous waste in excess of Small Quantity Generator Regulations, and failed to comply with other hazardous waste container management requirements. The total Penalty reflects, in part, past compliance fees.


Date: 12/17/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with a $2,000 Penalty regarding MASSPOWER of Springfield for Air Quality violations. The company failed to address excess emissions (Nitrogen Oxide or NOx) that resulted from lost steam injection to a combustion turbine. A contractor who was operating the facility's overhead crane caused the incident when the crane power cable caught on, and broke, the piping.


Date: 12/17/04
municipality: ['Milford']
Text:
  DEP executed a Consent Order with a $7,870 Penalty regarding Archer Rubber Company of Milford for Air Quality and Hazardous Waste Violations. DEP personnel observed the company generated hazardous waste in excess of Small Quantity Generator Regulations. The company also failed to accurately complete an Emission Statement, failed to operate in accordance with its Air permit and allowed excessive particulate emissions. The total Penalty reflects, in part, past compliance fees.


Date: 12/17/04
municipality: ['Northborough']
Text:
  DEP entered into a Consent Order with a $6,000 Penalty regarding SolmeteX of Northborough for conducting hazardous waste treatability without first obtaining DEP approval or registering as a small quantity generator. The company develops and manufactures systems that recover mercury and other heavy metals from wastewater. SolmeteX has since sought and obtained DEP approval to perform waste treatability studies.12/16/04


Date: 12/16/04
municipality: ['Barre']
Text:
  DEP entered into a Consent Order with an $11,000 Penalty regarding the Town of Barre for violating its Water Management Act, registration statement. The Town was exceeding its water withdrawal rate without first applying for a permit. Under the Consent Order, the town agreed to implement a number of water conservation measures designed to decrease average- and peak-day demand. The Town will prepare a service meter replacement program, conduct a leak detection survey, and evaluate the rate structure. The Town must meet the performance standards of 10% unaccounted for water and 65 residential gallons per capita day. If after fully complying with the terms of the Order, the Town still exceeds the authorized withdrawal, the Town will obtain revised water use projections and submit a WMA permit application. DEP agreed to suspend $8,000 of the Penalty provided the town meets the compliance deadlines.


Date: 12/16/04
municipality: []
Text:
  DEP issued a Demand for $4,000 in Stipulated Penalties to Clean Harbors Environmental Services of Braintree. The company, a licensed hazardous waste transporter, was issued the Demand for violations of a consent order the company signed with DEP last June. The violations include late and inaccurate monthly operating report submissions.12/16/04


Date: 12/15/04
municipality: ['Wellfleet']
Text:
  DEP entered into a Consent Order with Wellfleet Municipal Landfill, an inactive sanitary landfill located on Coles Neck Road in Wellfleet. The landfill ceased accepting waste in 1992, at which time it was covered and graded with clean soil. Today's Order ensures the landfill will be formally and adequately capped and closed by 8/1/05 and a closure certification report submitted for DEP approval by 10/1/0512/15/04


Date: 12/15/04
municipality: ['Northampton']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty regarding Williamsburg Home Improvement to address the illegal removal of asbestos siding from a residential property in Northampton. DEP agreed to suspend $6,000 of the Penalty provided the company (Norman Zaleski, the principal agent) remains in compliance with asbestos regulations when performing construction/renovation work for 24 months.12/15/04


Date: 12/15/04
municipality: ['Millville']
Text:
  DEP executed a Consent Order with a $1,000 Penalty regarding the Town of Millville for solid waste violations. The Town failed to control leachate runoff and failed to prevent the unauthorized disposal of waste materials at the inactive Millville Landfill. Additionally, the Town failed to implement an effective storm water pollution prevention plan related to the their salt storage facility at the same location. In addition to the Penalty, the Town will also host a Household Hazardous Waste Collection for residents. Millville has also agreed to properly cap and close the landfill and develop a storm water runoff plan for the salt storage facility.12/14/04


Date: 12/13/04
municipality: ['Rowe']
Text:
  DEP entered into a Consent Order with Yankee Atomic Electric Company in Rowe. The Department entered into the Order following the self-reporting of potential non-compliance with a Special Condition of the Final Order of Conditions for the site. The non-compliance disclosed involved the excavation of a shallow layer of soil during the installation of a crane pad beyond that permitted in the Final Order of Conditions for the decommissioning of this nuclear power plant. Electronic reporting for this project is required as part of the project and allowed the Department to respond promptly and ensure that the violation remained minor.12/13/04


Date: 12/13/04
municipality: ['Leominster']
Text:
  DEP agreed to a Consent Order with a $5,000 Penalty regarding Norampac of Leominster for Hazardous Waste violations. Norampac, a cardboard box manufacturer, also violated Toxics Use Reduction Regulations and will be responsible for associated fees in excess of $40,000. While conducting a compliance inspection in July of 2004, DEP personnel observed the Company had failed to completely report toxic chemical use for 2001, 2002 and 2003 and was storing Hazardous Waste Oil longer than allowed by its registration.12/13/04


Date: 12/13/04
municipality: ['Fitchburg']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty involving Bovenzi, Inc. of Fitchburg for wetlands violations. During construction of a temporary road crossing on their subdivision in Fitchburg, damage was caused to an Outstanding Resource Water and intermittent stream that drains to Notown Reservoir. Bovenzi agreed to provide $7,500 of the Penalty to the Massachusetts Watershed Coalition as a Supplemental Environmental Project (SEP). The SEP will provide educational material to local residents and officials on water protection/water quality in the Notown Reservoir watershed. Bovenzi also agreed to restore the damaged wetland completely during the spring of 2005.


Date: 12/12/04
municipality: ['Northbridge']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty involving T.J.J. Development Corp. for wetlands violations at the company's Transfer Station in Northbridge. The company failed to comply with several of the conditions in an Order of Conditions for work within a resource area. In addition to the Penalty, the company has agreed to replicate wetlands, remove Solid Waste from wetlands buffer zones, and to construct storm-water improvements.


Date: 12/10/04
municipality: ['Holland']
Text:
  DEP entered into a Consent Order with a $1,250 Penalty involving John Sneade for wetlands violations in Holland. Sneade, a small builder, violated a superseding order of conditions including failure to record the permit at the registry of deeds, failure to provide prior notice of commencement of work, and commencement of the work without proper erosion and sedimentation controls. DEP agreed to suspend the Penalty provided all terms of the Order are met through completion of the projects.12/10/04


Date: 12/10/04
municipality: ['North Brookfield']
Text:
  DEP issued a Unilateral Administrative Order to Joseph & Lois Hubacz of North Brookfield for Wetlands violations. The Order addresses the filling of wetlands along the bank of a stream on their property at 42 Mad Brook in North Brookfield. The Order requires the owners immediately cease from further activity in this area.


Date: 12/10/04
municipality: ['Holyoke']
Text:
  DEP entered into a Consent Order with a $5,750 Penalty involving West Side Finishing Co. Inc. of Holyoke for Air Quality and Hazardous Waste violations. During an inspection of this metal-finishing facility by DEP on 3/13/04, it was noted the company had failed to operate a paint spray booth in accordance with its plan approval. West Side Finishing has agreed to correct the violations; DEP has agreed to suspend $2,875 of the Penalty provided all terms of the Order are met.


Date: 12/9/04
municipality: ['Rochester']
Text:
  DEP entered into a Consent Order with a $50,000 Penalty involving Thomas Gayoski, Jr. that will restore a Bordering Vegetated Wetland (BVW) in Rochester. The full restoration of BVW will require removing areas of fill and cranberry bog in production. DEP agreed to suspend $25,000 of the Penalty if the required work is completed. Initially, the Rochester Conservation Commission issued an Order of Conditions (OOC) to Mr. Gayoski on 4/18/1978 that allowed the construction of a 60 by 64 ft. pond in wetland. A second OOC dated 1/25/1982 allowed conversion of 29 acres of pine and swamp maple to cranberry bogs. However, in 1988, the Rochester Conservation Commission issued Certificates of Compliance for these projects stating the work was now complete and closed out the permits. Recently, a computer program identified areas of Gayoski's property showing that a total of 4.9 acres of BVW were converted to cranberry bogs between 1996 and 2001. Information also showed work continued after the orders were issued and without valid permits.


Date: 12/9/04
municipality: ['Rockland']
Text:
  DEP issued a $16,962 Penalty Assessment Notice (PAN) to Robert Littler for Asbestos violations. DEP discovered the violations at a building owned by the F.L. & J.C. Codman Company in Rockland. Littler (an independent contractor) was hired by the Codman Company to repair and replace windows at the facility. DEP observed a number of open cardboard drums filled with broken transite asbestos shingles and also observed broken shingles scattered on the ground behind the building. Littler failed to properly notify and failed to use proper work practices intended to ensure safe removal, handling and disposal of asbestos containing materials.


Date: 12/9/04
municipality: ['Worcester']
Text:
  DEP issued a Unilateral Administrative Order to Worcester Paradise Point Realty Trust in Worcester for Wetlands violations. The Trust failed to control erosion resulting in the discharge of silt and sedimentation to Poor Farm Brook in Worcester. This action is the product of joint inspections by the Strike Force and DEP staff during rainstorm events. The Order requires the applicant to immediately stabilize the site and to submit a report to DEP within 30 days that evaluates Wetlands impacts.


Date: 12/9/04
municipality: ['Cambridge', 'Williamstown']
Text:
  DEP entered into a Consent Order with a $4,315 Penalty involving Cable Mills LLC of Williamstown. Cable Mills, a real estate development corporation in Cambridge, failed to notify DEP of a release of fuel oil from an underground storage tank at the Williamstown site within 120 days of acquiring knowledge of the release. Cable Mills acquired the site on 10/22/03 from BICC General Cable Corp. with knowledge that a reporting condition existed but DEP wasn't notified until 6/4/04 about the release condition. DEP agreed to suspend $2,157 of the Penalty provided Cable Mills complies with all terms of the Order. 12/7/04


Date: 12/07/04
municipality: ['Harwich']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving Marceline Salvage Company of Harwich for Solid Waste violations. The company is a town-licensed auto salvage/junk yard consisting of approximately fourteen acres covered with junk vehicles, hundreds of flattened vehicles in twenty-foot raised piles along with miscellaneous piles of vehicle parts. DEP personnel conducted site inspections on 9/18/02 and 4/7/04 and identified the Solid Waste violations. Today's Order establishes an aggressive schedule to correct all violations and remove the solid waste (primarily vehicle parts coated with grease & oil) that had been maintained in piles for many years without being reclaimed or recycled in a timely manner. Stacks of flattened vehicles were also maintained on site for over four years without being shipped for salvage. In addition, mounds of tires and thousands of vehicle batteries were at the site. Part of the Penalty ($3,000) will go towards a Supplemental Environmental Project (SEP) that will develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP). The site occupies a location nearby Route 6 on the Cape and near cranberry bogs and Hinckley's Pond in Harwich.


Date: 12/04/04
municipality: ['Rockland']
Text:
  DEP entered into a Consent Order with the Estate of David Bailey of Rockland for Solid Waste violations. The Estate agreed to remove buried solid waste that was used to back fill a gravel borrow pit in the early 1970's, and remove approximately 6,000 cubic yards of Auto Shred Residuals (ASR, "auto fluff) and backfill with clean gravel. The property is located in a commercial area that abuts residential properties.


Date: 12/2/04
municipality: []
Text:
  DEP entered into a Consent Order with a $5,750 Penalty regarding Westford School Department for Groundwater Discharge violations. The violations occurred at the Westford Academy complex, which serves the High School, an elementary school and a middle school. Under the terms of consent order the Town must hire an independent wastewater treatment specialist to evaluate the current operations at its facility, and to prepare a schedule of recommended actions steps to correct the permit violations. DEP agreed to suspend $4,750 of the Penalty provided all terms of the Order are met.


Date: 11/30/04
municipality: []
Text:
  DEP entered into a Consent Order with a $19,000 Penalty involving the Mass/Development/Devens Commerce Center in Devens. Mass/Development was cited for violations of its groundwater discharge permit. Under the settlement Mass/Development agreed to make operational and structural improvements at its wastewater treatment facility, and to pay a penalty of $19,000, of which $10,000 is due within thirty days. The Department agreed to suspend the remaining $9,000 if Mass/Development complies with the Order and does not violate its permit for a period of one year.11/30/04


Date: 11/29/04
municipality: ['Worcester']
Text:
  DEP entered into a Consent Order with a $5,750 Penalty involving the City of Worcester. The Order establishes that the city will address water quality issues regarding a stone-lined channel located on the eastern side of the Greenwood Street landfill that drains into the Blackstone River. Under the Order, the city and DEP identified the issues necessary for a corrective action design for the landfill, including capping of pipes and dredging of sediments that have accumulated in the channel. DEP agreed to suspend the Penalty, pending completion of the work.11/24/04


Date: 11/24/04
municipality: ['Ayer']
Text:
  DEP executed a Consent Order with a $56,250 Penalty involving Ayer Moving and Storage Co. of Ayer for asbestos violations. During an inspection of 4/27/04, DEP personnel observed a demolition/renovation operation involving the removal of asbestos containing materials for which the Department had not been notified. In addition the company had failed to properly wet, seal, label and dispose of asbestos waste materials. Through application of the Department's Policy on Compliance Incentives for Small Business, $48,750 is suspended provided the company does not violate any provision of the Order within one year. The remaining $7,500 penalty will be paid in installments.


Date: 11/24/04
municipality: ['Chicopee']
Text:
  DEP executed a Consent Order with a $13,000 Penalty involving Connecticut Valley Sanitary Waste Disposal, Inc. of Chicopee. The company (a subsidiary of Waste Management, Inc. of Massachusetts) was cited for the following Solid Waste violations


Date: 11/24/04
municipality: ['Holyoke']
Text:
  DEP entered into a Consent Order with a $11,740 settlement involving Michael J's Service Center, Inc. of Holyoke to address air quality and hazardous waste violations. A March 1, 2004 DEP inspection of the Company's Lincoln Street facility revealed noncompliance with Stage II Vapor Recovery System and Hazardous Waste requirements. Following the inspection, DEP issued a Notice of Noncompliance for those violations. A follow-up inspection on 6/10/04 revealed similar and new violations at the facility. The settlement agreement requires the Company to correct the violations and pay a penalty of $4,000. An additional $7,470 was suspended pending compliance with the settlement agreement.11/24/04


Date: 11/23/04
municipality: ['Quincy']
Text:
  DEP entered into a Consent Order with a $20,000 Penalty involving the Department of Conservation and Recreation (DCR), Quarry Hills Associates, Inc. (QHA) and the Riccuitti Drive Landfill in Quincy. QHA and DCR agreed to complete the remaining assessment and closure of the landfill as final resolution of a previously issued Unilateral Penalty Assessment Notice by DEP on 6/18/03.


Date: 11/23/04
municipality: ['Sherborn']
Text:
  DEP entered into a Consent Order with a $28,000 Penalty involving Sherborn Realty Trust & Day Spa Inc. of Sherborn for violations of water supply and water pollution control (septic system) regulations. The Realty Trust owns the land at 24 North Main Street where the Spa operates. The parties have agreed to install disinfection/treatment of its water supply while it seeks to find a new water source. In addition, the parties will submit a plan to bring the septic system into compliance. DEP agreed to suspend $18,000 of the Penalty if all terms of the Order are met.


Date: 11/22/04
municipality: ['Peabody']
Text:
  DEP entered into a Consent Order with Prattville Machine & Tool Co. of Peabody for failure to register as a small quantity generator of hazardous waste, and failing to pay annual compliance fees of $1,050 for fiscal years 2004 and 2005. Under terms of the Order, the company agreed to pay its back compliance fees of $525 for both years and comply with hazardous waste regulations.


Date: 11/18/04
municipality: ['Marlborough']
Text:
  DEP executed a Consent Order with a $42,281 Penalty regarding 85 Maple Street Realty Trust of Marlborough for asbestos violations. During an inspection on 4/7/04, DEP personnel observed, a demolition/renovation operation that involved the removal of asbestos containing materials for which the Department had not been notified. In addition, the Trust failed to properly wet, seal, label and store asbestos waste materials. DEP agreed to suspend $42,281 of the Penalty based on financial hardship conditions, and provided the Trust does not violate any regulations cited in the Order for one year.


Date: 11/18/04
municipality: ['Millbury']
Text:
  DEP entered into a Consent Order to Unisorb, Inc. of Millbury. The Order establishes deadlines for assessment and remediation of the former Felters Company facility in Millbury. Unisorb, Inc. had received a conditional permit extension from the Department that required completion of the work by January 2005. The Company requested additional time to complete the work because of new information regarding impacts to sediment in the Blackstone River. Unisorb, Inc. now agrees to pay stipulated penalties if deadlines established in this Order are not met.11/17/04


Date: 11/16/04
municipality: ['New Bedford']
Text:
  DEP entered into a Consent Order with $10,000 Penalty regarding Aerovox of New Bedford. The company, a division of Parallax Power Components, was cited for Hazardous Waste and Air Quality violations. During a multimedia inspection, DEP determined Aerovox was acting out of status as a Large Quantity Generator and exceeding emission limits in its Air Quality permit, for Volatile Organic Compounds and Hazardous Air Pollutants (HAP). In addition to returning to compliance, the company agreed to implement pollution prevention that will reduce the amount of HAPs used by 14 tons per year and to further reduce HAPs by an additional 7 tons per year by Sept. '05. DEP agreed to suspend, $2,500 of the Penalty provided all terms of the Order are met.


Date: 11/16/04
municipality: []
Text:
  DEP executed a Consent Order with a $500 Penalty regarding the East Bridgewater Water Department for repeated noncompliance with the Consumer Confidence Report (CCR) requirements. Since 1999, water suppliers that serve the same people year-round must prepare CCRs or annual water quality reports, for their customers. The reports tell where drinking water comes from, what's in it, and how to help protect it.


Date: 11/15/04
municipality: ['Wilbraham']
Text:
  DEP entered into a Consent Order with the Wilbraham Department of Public Works that provides for the permitting and construction of a permanent corrosion control facility. Wilbraham had tested a temporary facility and will now prepare space for the permanent facility.


Date: 11/15/04
municipality: ['Somerville']
Text:
  DEP entered into a Consent Order involving the I & C Corporation of 201 Elm Street in Somerville. The Order establishes a schedule for cleanup of a contaminated site, a service station. Although first listed as a site in1985, and tier classified in 1999, no additional response actions were conducted. DEP issued a NON on 7/26/04, and the corporation responded with a proposed schedule for completing the site assessment and cleanup. The Order requires response actions to be completed, and a Response Action Outcome Statement to be submitted, by 7/14/06.11/15/04


Date: 11/12/04
municipality: ['Dudley']
Text:
  DEP entered into a Consent Order with a $5,750 Penalty involving Art's Texaco of 5 West Main Street in Dudley for failing to conduct an Immediate Response Action in accordance with DEP approval. Principal owner, Arthur Cournoyer IV, has agreed to implement a comprehensive cleanup plan to aggressively remediate the site. DEP agreed to suspend $4,600 of the Penalty if cleanup deadlines are met.11/9/04


Date: 11/9/04
municipality: ['Cohasset']
Text:
  The DEP Commissioner issued a Final Decision that dismisses the appeal of a $12,000 Civil Administrative Penalty concerning Brown Auto Repair, 22 Depot Court in Cohasset. DEP issued the $12,000 Stipulated Penalty Demand relative to the failure to clean up the subject site, a gasoline-contaminated auto repair facility, which is located within the Zone II of a public water supply. DEP's Demand was issued on 4/5/04, after the site owner failed to comply with a site assessment deadline established earlier under a Consent Order. The site owner is currently conducting the required actions, and must now either pay the Penalty or appeal the commissioner's decision to Superior Court.


Date: 11/8/04
municipality: []
Text:
  DEP sent a $7,500 Penalty Assessment Notice to A-Plus Asbestos Contractors Inc. for asbestos violations at Lunenburg High School. The company, which is based in Pawtucket, RI, is a licensed asbestos abatement contractor and filed a notification regarding the work, but continued the project after expiration of the notice.


Date: 11/5/04
municipality: ['Marlborough']
Text:
  DEP executed a Consent Order with a $36,627 Penalty regarding Mark Merrill d/b/a M & R Roofing Co. of Marlborough for asbestos violations. DEP inspected a roof-shingle replacement project on 6/14/04 at a residence in Marlborough noted the failure to notify the Department of the removal of asbestos containing materials; the failure to carefully lower the asbestos shingles to the ground; and, the failure to properly wet, seal, label and store asbestos waste materials. Through the application of DEP's Small Business Policy, $32,127 is suspended provided the company does not violate any provision of the Order within one year.


Date: 11/5/04
municipality: []
Text:
  The Department DEP entered into a Consent Order with a $500 Penalty involving the Grate Barrington Fire District concerning the Consumer Confidence Report for the year 2003. The DEP review noted that required actions were not taken even though they were identified in a previous review and cited in a NON. DEP agreed to suspend $250 of the Penalty provided the terms of the Order are met.


Date: 11/4/04
municipality: ['Bourne']
Text:
  DEP entered into an Amended Consent Order to the Town of Bourne regarding the Bourne Municipal Landfill. The agreement extends the deadline for the Phase 1D reclamation from 10/31/04 until 10/31/05. Phase 1D is approximately 5 acres of unlined landfill which contains approximately 170,000 cubic yards of waste. The waste is being excavated so that a lined cell can be constructed in its place. The excavated waste is then screened; large material is landfilled at the site, and the remaining material used for operations (i.e. daily cover, grading/shaping, and vegetative support).11/4/04


Date: 11/4/04
municipality: ['Boston']
Text:
  DEP issued a $11,250 Civil Administrative Penalty to Atlantic Bay Contracting (ABC) of Boston for asbestos violations. DEP inspected in January 2004, an ABC project being conducted at a Dudley Street property in Boston where asbestos violations were observed. ABC is a licensed asbestos abatement contractor located in Allston.


Date: 11/3/04
municipality: []
Text:
  DEP entered into a Consent Order with Blue Sky Holdings/Manchester Athletic Club (MAC) in Manchester. The club was cited for failure to properly inspect and operate the facility's septic system The MAC is located within the wellhead protection area of a public water supply well. Under the Order, the facility will conduct monthly inspections, and either connect to municipal sewer, pursue a groundwater discharge permit or construct and operate a wastewater treatment plant according to established timeframes.11/3/04


Date: 11/2/04
municipality: ['Fitchburg']
Text:
  DEP entered into a Consent Order with a $4,000 Penalty regarding, Former Great American Chemical of Fitchburg. Signing the Order for the company, Kenneth Posco, agreed that cleanup (or response) actions at the site were conducted without employment or engagement of a Licensed Site Professional (LSP). In addition to now having paid the Penalty, Posco has also completed the site cleanup with the oversight of an LSP substantially in advance of required regulatory deadlines.11/2/04


Date: 11/1/04
municipality: ['Stow']
Text:
  DEP executed a Consent Order with a $1,500 Penalty regarding Community Convenience Trust, owners of a gas station and Dunkin Donuts shop located on Great Road in Stow. The owners were cited for operating a public drinking water supply without first obtaining a permit from the Department. During the permit review process, DEP personnel determined that the facility had commenced operation without receiving final permit approval. At this time DEP has determined that the public water supply has been properly installed and a final approval authorizing operation of the system at the facility has been issued.11/1/04


Date: 11/1/04
municipality: ['Medway']
Text:
  DEP executed a Consent Order with a $5,750 Penalty involving Advanced Signing, LLC of Medway. The company was cited for Air Quality, Hazardous Waste and Industrial Wastewater violations. During the inspection it was determined that the company failed to obtain an air quality plan approval or meet exemption criteria for its spray booths, failed to store organic compounds to minimize evaporation, accumulated more hazardous waste than allowed by their current registration, failed to properly label hazardous waste accumulation containers, failed to mark and post signs in their hazardous waste accumulation area and discharged industrial wastewater without a valid sewer connection permit. In addition to the Penalty, the company agrees to take the steps to return to compliance.


Date: 11/1/04
municipality: ['Worcester']
Text:
  DEP entered into a Consent Order with a $5,750 Penalty regarding Karen Lowe-Romanoff, a Worcester developer, who installed sewers in the city without a valid permit. Under the settlement, Lowe-Romanoff agreed to cease all sewer activity until she obtained a sewer permit from the Department and to pay an administrative penalty of $5,750. The Department agreed to suspend half ($2,875) the Penalty if the developer complied with the Order and sewer permit regulations for a period of one year.


Date: 11/1/04
municipality: ['Oxford']
Text:
  DEP executed a Consent Order with a $137,500 Penalty regarding Baker Tanks, Inc. of Oxford for its failure to complete the required assessment and cleanup of contaminated soil and groundwater at its former property in Oxford. Baker Tanks had received a NON-from DEP and failed to return to compliance. Of the $137,500 penalty, $69,000 is to be paid immediately and a further $68,500 suspended contingent on future compliance with waste site cleanup requirements. The contamination is located in the Zone II recharge area of a municipal drinking water supply well, near private drinking water supply wells and wetlands, and within an endangered species habitat.


Date: 11/1/04
municipality: ['Oxford']
Text:
  DEP entered into a Consent Order with OX PROP LLC of Oxford. The Order requires the completion of cleanup at this contaminated site, formerly Baker Tanks, Inc. The timelines-only Order requires that the cleanup be completed (originally due in 2003) and that a Response Action Outcome (signifying no further action) statement be submitted by 2005. OX PROP LLC has agreed to pay stipulated penalties should they fail to meet deadlines.11/1/04


Date: 10/29/04
municipality: ['Oxford']
Text:
  DEP entered into a Consent Order with a $29,750 Penalty regarding Moscoffian's of Oxford for Hazardous Waste violations, and failure to obtain the proper discharge permits at its facility which stores, repairs and maintains vehicles. The owner also operates a towing service from this location. Under terms of the DEP's small-business policy, $19,750 of the Penalty is suspended. However, in addition to paying $10,000 of the Penalty, Moscoffian must hire a Licensed Site Professional to conduct an environmental site assessment of the Facility to determine if it has been the site of a release of oil or hazardous materials, and notify DEP if conditions require notification.


Date: 10/27/04
municipality: ['Dedham']
Text:
  DEP entered into a Consent Order with an $11,000 Penalty regarding Solid Waste violations at the transfer station located in Dedham. The town owns the facility, but Waste Management Inc. operates the facility and was found to have violated conditions of its operating permit, including the handling and processing of construction and demolition debris.


Date: 10/27/04
municipality: ['West Stockbridge']
Text:
  DEP issued a $6,472.50 Civil Administrative Penalty to Keith Zucker, the former owner of property on West Alford Road in West Stockbridge known as the "Camp Kingsmont Caretaker's residence". Zucker failed to notify DEP within 120 days of obtaining knowledge of a release of oil detected in soil and groundwater at the site. The oil release, likely from a leak in an aboveground storage tank system located in the basement of the residence, was identified in February 2004. However, DEP was not notified of the release until July 22, 2004. Zucker also failed to appear at an enforcement conference scheduled by DEP to discuss the matter.10/27/04


Date: 10/26/04
municipality: ['Worcester']
Text:
  DEP issued a $1,000 Penalty Assessment Notice to Elena Coffey of Worcester for Waste Site Cleanup Violations. In addition to the Penalty, the DEP issued a Unilateral Order for specified collection of samples for analysis and submittal of a revised risk characterization. Prior to today's actions, the Department had initially issued a Notice of Noncompliance for failure to meet response action deadlines, the DEP then received a report that failed to evaluate soil exposure point concentrations and vapor intrusion exposure pathways. DEP then held an enforcement conference in an effort to reach a Consent Order.


Date: 10/25/04
municipality: ['Lynn']
Text:
  DEP issued a Unilateral Administrative Order to Refinity of Lynn ordering this (precious metals) recycling facility to submit documentation showing its incineration units were dismantled. In 2001, DEP issued a Notice of Noncompliance to Refinity for air quality violations, and requiring a stack test before it re-started its units. A stack test was never conducted, and with today's order, DEP effectively revoked Refinity's (air quality) operating permit.


Date: 10/25/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with Smith & Wesson Corporation of Springfield, a firearms manufacturing facility. Subsurface investigations in June 2004 indicated the presence of a potential imminent hazard condition related to indoor air at the facility


Date: 10/25/04
municipality: []
Text:
  DEP issued a $65,490 Penalty to Paul Wastrom to address asbestos handling violations at his Conway Street rental property in Greenfield. DEP responded to a complaint from the Greenfield Board of Health in November 2002, to inspect the property. Initially, the town's health agent required Wastrom to hire a licensed asbestos removal contractor to remove damaged asbestos from the basement of the property. A follow-up inspection by the health agent however, revealed that much of the asbestos had been improperly removed from the basement of the multi-family house. The DEP inspection confirmed that asbestos had been removed in noncompliance with the Department's asbestos removal and handling regulations. After DEP conducted the November 2002 inspection, Wastrom took steps to follow the required directives for cleaning up the property.


Date: 10/21/04
municipality: ['Belchertown']
Text:
  DEP issued a Boil Order to Belchertown Water District in Belchertown DEP issued the order which calls for the District to notify consumers in the southern portion of the district to boil their water due to possible presence of bacteria. The Order was lifted on 10/29/04.


Date: 10/21/04
municipality: ['Newburyport']
Text:
  DEP issued a Unilateral Order to New Ventures of Newburyport for violations observed during a July 2004 inspection. Among the violations


Date: 10/21/04
municipality: ['Auburn']
Text:
  DEP executed a Consent Order with a $9,500 Penalty involving Marvic Inc. of Auburn (d/b/a Brady-Built of New England) for Air Pollution and Hazardous Waste violations. DEP personnel observed during November 2003, excessive visible emissions emanating from a wood-fired boiler operated by the company. The resulting inspection revealed that the company was burning scrap wood (some of it laminated) in the boiler for heat, and to improperly dispose of the wood. In addition, the company was operating without the required Air Quality approval and had failed to characterize potentially hazardous waste for proper disposal. The company has now agreed to cease operating the wood-fired boiler in the future. DEP has agreed to suspend $2,500 of the Penalty provided the company complies with all terms of the Order.


Date: 10/19/04
municipality: ['Groton', 'Tewksbury']
Text:
  DEP executed a Consent Order with a $1,000 Penalty involving Concord Building Services Inc., of Tewksbury for asbestos violations at a site in Groton. The company failed to notify the DEP of a demolition/renovation project conducted at the Groton-Dunstable North Middle School in Groton.


Date: 10/19/04
municipality: ['Westminster']
Text:
  DEP executed a Consent Order with $7,870 Penalty involving Ranor, Inc. of Westminster for violating Air Pollution Control, Hazardous Waste, and Industrial Wastewater regulations. During the 5/27/04 inspection, Department personnel observed that the company failed to comply with regulations associated with the proper operation of paint spray booths, failed to register fuel burning equipment, generated more waste oil than allowed by their registered status, failed to follow hazardous waste accumulation standards, and improperly managed their industrial wastewater. In addition to the Penalty, the company agrees to bring the facility into compliance.


Date: 10/19/04
municipality: ['Rehoboth']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving Carter's Auto Salvage/Junkyard of Rehoboth. DEP conducted a site inspection on 4/29/04 and identified hazardous waste and solid waste violations. The Order establishes an aggressive schedule to correct violations of the hazardous waste regulations and remove solid waste from the site. As a result of DEP inspections, Carter's Auto Salvage/Junkyard has since moved aggressively to clean up the site and come into compliance, thereby removing additional potential sources of releases to the environment. As a condition of the Order, Carter's will perform a $1,000 Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard Best Management Plan (BMP) in lieu of a portion of the financial penalty.


Date: 10/18/04
municipality: ['Medway']
Text:
  DEP executed a Consent Order with a $67,500 Penalty involving Paul Bertrone, d/b/a Bertone Heating and Air Conditioning Co. of Franklin for asbestos violations at a residence in Medway. During an inspection on 10/30/03, Department personnel observed that the company failed to notify the DEP of a demolition/renovation operation involving the removal of asbestos-containing materials, and also failed to wet, seal, and label asbestos waste materials during a boiler replacement at a residence in Medway. Through the application of the Department's Small Business Policy, $62,500 of the Penalty is suspended provided Bertone does not violate any provision of the Order within one year.


Date: 10/8/04
municipality: ['Southwick']
Text:
  DEP issued a Unilateral Administrative Order to Anthony Ping Zuo, of Southwick, ordering him to cease the discharge of sewage to groundwater. Zuo's apartment building had suffered a blockage causing sewage to be discharged to a manhole on the property. In addition, DEP is working with the local board of health and DPW to address the situation due to the owner's failure to address the problem. The Department will continue to review the matter with respect to additional enforcement.


Date: 10/7/04
municipality: ['Barre']
Text:
  DEP issued a $31,700 Penalty to Charles Noonan, d/b/a Chuck's Civic Center in Barre for failure to meet response action deadlines. Gasoline contamination was discovered during the removal of underground storage tanks from the repair shop in 1991. The contamination is of particular concern to DEP because of its location in the Zone II recharge area for a municipal drinking water supply well. Since the release, Noonan has not met the regulatory deadlines for the assessment and cleanup of the release. DEP issued Notices of Noncompliance to Noonan requesting that he establish a schedule for conducting this work. Noonan did not respond to these notices, and declined to attend a meeting as requested by DEP to discuss the noncompliance.


Date: 10/7/04
municipality: ['Quincy']
Text:
  DEP executed a Consent Order with a $7,500 Penalty regarding McGinn Citgo Service Station of 627 Newport Ave., Quincy, the owner-operator of a gasoline-contaminated site that missed deadlines for cleanup. In addition to the Penalty, the Order requires all necessary response actions at the site, which is currently classified (tier two).


Date: 10/7/04
municipality: ['Lynn']
Text:
  DEP issued a $101,926 Civil Administrative Penalty to Shawn and Doug Corp., d/b/a Removal Specialists, of Lynn. DEP issued the notice of intent to assess the Penalty due to asbestos, hazardous waste and solid waste violations. DEP inspected several locations in Lynn on October 9, 10 and 15 in 2002 where the violations were observed.10/6/04


Date: 10/6/04
municipality: ['Webster']
Text:
  DEP issued a $29,900 Penalty Assessment Notification (PAN) to Leo Construction Company, Inc. and Leo Construction Contractors, Inc., in Webster for violations related to the cleanup of a release of oil/hazardous materials. The company failed to file a Tier Classification submittal within one year of having filed a release notification (a requirement). Prior to today's Penalty, the Department issued a written Notice of Noncompliance (NON) and the company failed to take the required action described in that NON.10/6/04


Date: 10/6/04
municipality: ['Brockton']
Text:
  DEP entered into a Consent Order with a $8,070 Penalty regarding Scannell Properties #22, LLC of Brockton for wetlands violations. The company received an Order of Conditions from the Brockton Conservation Commission and a 401 Water Quality Certification from the DEP that allowed work in bordering vegetated wetland, but Scannell did not complete the required replication by the given deadline.


Date: 10/6/04
municipality: []
Text:
  DEP issued a Unilateral Administrative Order to the Town of Winthrop requiring the repair of erosion damage to the side (and toe of the slope) of the Belle Isle Landfill. In addition, the Order requires Winthrop to provide a plan to the Department for conducting environmental monitoring of the Landfill in accordance with the DEP's approval of post-closure use at the Landfill (the Belle Isle Cemetery and the Town's leaf and yard waste management).


Date: 10/5/04
municipality: ['Salisbury']
Text:
  DEP entered into a Consent Order with Wayne Capolupo of 99 Elm Street in Salisbury regarding the alteration and fill of 27,900 s.f. of bordering vegetated wetland (BVW) in 1995. DEP determined that while no formal application was submitted, Capolupo did receive an informal (negative) determination concerning wetlands designation from the town's conservation commission. As a result of this order, Capolupo has agreed to restore 50,800 s.f. of BVW under a plan currently before the DEP awaiting approval.


Date: 10/6/04
municipality: ['Washington']
Text:
  DEP issued a $1,000 Penalty Assessment Notice to the Town of Washington. DEP determined the town's DPW conducted open burning of wood waste and other solid wastes at the town's Transfer Station. The violations were discovered during a DEP inspection of the Transfer Station on 7/1/04 and a follow-up inspection on 8/31/04.10/4/04


Date: 10/4/04
municipality: ['Wrentham']
Text:
  DEP issued a $28,700 Civil Administrative Penalty and Unilateral Administrative Order (UAO) to Poirier & Ware Heat Treating Co., of Wrentham. The company was cited for Hazardous Waste, Air Quality, Industrial Wastewater and Toxics Use Reduction Act violations. A multimedia inspection by DEP revealed violations at a business operation that was planning to suspend operations pending sale of its assets. The UAO requires proper management of regulated wastes and an assessment of impacts from an industrial waste discharge to the ground surface.


Date: 10/4/04
municipality: ['Lawrence']
Text:
  DEP entered into a Superseding Consent Order with the Lawrence Water Treatment Plant in Lawrence. Today's Order replaces a 1999 Consent Order that required repair or replacement of the plant. In Feb. 2004, DEP conducted a four-day Comprehensive Performance Evaluation of the plant and found numerous deficiencies that kept the plant from optimizing performance. Lawrence has now agreed to correct certain deficiencies in the existing plant in 2004-05 and to make a long- term capital improvement program as well as create a routine inspection and maintenance program for the water distribution system including the pump stations and storage tanks. Lawrence will also complete its new treatment plant no later than 3/17/0710/1/04


Date: 10/1/04
municipality: ['Williamstown']
Text:
  DEP entered into a Consent Order with a $6,000 Penalty involving General Cable Corporation regarding property located at 160 Water Street in Williamstown. The company is the former owner of this industrial property where in late 2001 General Cable became aware of a reportable release of oil at this site and failed to notify DEP. At that time, soil borings were undertaken as part of a property assessment to facilitate transfer of this property to a new owner. The area where contamination was found is in the vicinity of an underground storage tank that previously had been removed in 1979. The new owner then notified DEP of the release in June of 2004, approximately two years after notification should have been provided.10/1/04


Date: 9/30/04
municipality: ['Chicopee']
Text:
  DEP executed a Consent Order with a $5,450 Penalty regarding BJ's Wholesale Club, Inc. for violations of air pollution and hazardous waste regulations at two of its wholesale facilities in Chicopee and Greenfield. Following a DEP inspection of the Chicopee facility on 2/19/04, DEP issued a Notice of Noncompliance to BJ's for noncompliance with the Stage II Vapor Recovery System and hazardous waste requirements. A follow-up inspection on 5/21/04 revealed similar and new violations at the Chicopee facility. In addition, on 2/27/04, an inspection of BJ's Greenfield facility revealed noncompliance with hazardous waste management regulations. As part of the settlement, the Company has agreed to correct the violations and develop and implement an Environmental Management System. DEP suspended $3,950 of the Penalty provided BJ's remains in compliance with the Order.9/30/04


Date: 9/29/04
municipality: ['Townsend']
Text:
  DEP entered into a Consent Order with a $10,615 Penalty regarding Harbor Village Cleaners of Townsend for violating Air Pollution Control, Hazardous Waste, Industrial Wastewater, and Environmental Results Program Regulations. The company failed to follow numerous record-keeping and hazardous waste accumulation standards. In addition, it had discharged industrial wastewater to an onsite septic system, and it had failed to adequately certify and comply with requirements associated with the Environmental Results Program. Through the application of the Department's Small Business Policy, DEP agreed to suspend $8,615 of the Penalty provided the company complies with all terms of the Order.


Date: 9/29/04
municipality: ['Richmond']
Text:
  DEP concluded a Consent Order with View Drive, a public water supplier in Richmond formed by a neighborhood of homes. The Community must address source construction and maintenance, corrosion control treatment, storage and meter issues. DEP inspected the area and documented the necessary steps.


Date: 9/28/04
municipality: ['Deerfield']
Text:
  DEP executed a Consent Order with Woolman Hill Conference Center of Deerfield, a transient non-community public water system, to address repeated bacteria contamination. The Order includes public notice provisions and requires Woolman to propose a method and identify a schedule to eliminate total coliform bacteria from the drinking water.9/27/04


Date: 9/27/04
municipality: ['Lawrence', 'Marlborough']
Text:
  DEP executed a Consent Order with a $28,031 Penalty involving AG Asbestos Inc., of Lawrence. The company violated Air Pollution Control (Asbestos) Regulations during an asbestos abatement project in Marlborough. The company, which is a licensed asbestos contractor, failed to properly seal a work area, failed to use an air cleaning system, and failed to wet asbestos waste. Through the application of the Department's Small Business Policy, DEP agreed to suspend $15,031 of the Penalty provided the company complies with all terms of the Order.


Date: 9/23/04
municipality: ['Medway']
Text:
  DEP entered into a Consent Order with a $6,300 Penalty involving Innovative Coatings, Inc. of Medway for failing to comply with Air Pollution Control, Hazardous Waste Management, and Industrial Wastewater Regulations. The violations involve


Date: 9/22/04
municipality: []
Text:
  DEP entered into a Consent Order with a $15,000 Penalty involving Belcher Corporation of South Easton to address noise and odor complaints. The company agreed to the following


Date: 9/21/04
municipality: ['Marblehead']
Text:
  DEP executed a Consent Order with the Town of Marblehead for completing the assessment of the Marblehead Landfill and addressing unpermitted post-closure uses at the former landfill. Marblehead has also agreed in a separate Order to perform a Supplemental Environmental Project (SEP) to satisfy a $12,500 Administrative Penalty for violations of the closure and post-closure requirements at the landfill. Under the town's SEP it will either create and implement an education module on recycling for the schools, or conduct a waste management audit of all Town Departments.


Date: 9/21/04
municipality: []
Text:
  DEP entered into an Amendment to an existing Consent Order with the Town of Weymouth requiring significant upgrades to its sewer collection system to increase capacity. In May 2004, DEP assessed the city $25,000 in stipulated penalties for failing to meet existing timelines. Today's amended order adopts revised timelines to eliminate overflows of wastewater that currently would occur within the watershed of public water supply.


Date: 9/20/04
municipality: ['Carver']
Text:
  DEP signed an Amendment to an existing Consent Order with a $20,000 Penalty involving North Carver Landfill of Carver. The landfill is being closed and capped by BATG Environmental Inc. BATG accepted 15,900 cubic yards of soils for shaping-and-grading material in excess of the required amount to meet the approved closure grades. DEP agreed to suspend $5,000 of the Penalty provided future violations do not occur, and $10,000 of the Penalty will fund a Supplemental Environmental Project (SEP). The agreed-upon SEP includes planting of trees at the Town property line (between the landfill and the adjacent neighborhood) to shield the neighbors from the landfill and activities from post-closure uses at the landfill.


Date: 9/20/04
municipality: ['Wakefield']
Text:
  In a case begun by DEP, Suffolk Superior Court penalized a Wakefield automobile dealer, 128 Sales, Inc. in the amount of $270,096. The Penalty was based on the sale of Ford Winstars imported from Canada that did not comply with the emissions standards of the Massachusetts Low Emission Vehicle ("LEV") Program. The Court held that the Commonwealth was "persuasive in its argument that two times the net profit is an appropriate civil penalty to achieve the goals of general and specific deterrence." The court considered the Commonwealth's enforcement costs, and the actual harm to the environment, and added pre-judgment interest from the time of the violations.


Date: 9/17/04
municipality: []
Text:
  DEP entered into a Consent Order with Springfield Water and Sewer Commission (SWSC). The Department concluded an agreement with the SWSC, the second largest community public water system in the Commonwealth, regarding the implementation of the Massachusetts Water Management Act. SWSC will provide a water conservation plan to the Department to ensure that water usage is both appropriate and conforms to the state requirements.


Date: 9/16/04
municipality: ['Auburn']
Text:
  DEP executed a Consent Order with a $28,750 Penalty involving Luigi Romeo (d/b/a Romeo Salon in Auburn) for violating Air Pollution Control Regulations. DEP observed, during an 4/2/04 inspection, numerous pieces of dry, broken asbestos transite shingles lying uncontained on the ground and mixed throughout demolition debris in an open roll-off container on the property. Through the application of the Small Business Policy, DEP agreed to suspend $23,750 of the Penalty provided Romeo does not violate any provisions of the Order within one year.


Date: 9/16/04
municipality: ['Worcester']
Text:
  DEP issued a Unilateral Administrative Order (UAO) to Kervick Enterprises, Inc. of Worcester. Kervick failed to properly characterize and dispose of metal treating (hazardous) waste left by a company that had sublet space from Kervick. In addition, a second UAO was issued on to KomTek Realty, Inc., owner of the property, which leases to Kervick Enterprises, Inc. A similar Order has already been issued in August 2003 to the metal treating company, [proprietor Paul Brunell, d/b/a AABEC], which is currently in bankruptcy protection.


Date: 9/15/04
municipality: ['Salem']
Text:
  DEP entered into a Consent Order with Salem & Beverly Water Supply Board relative to its compliance with lead and copper requirements. The Board agreed to conduct additional samples beginning in March 2005 and to implement actions based on the percentage of sites that exceed the lead and copper action level. Those actions could include adjustment of ph & alkalinity or modification of existing treatment.


Date: 9/15/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent order with a $12,213 Penalty involving the City of Springfield and its Police Station for failure to notify the DEP of a gasoline release. The release had migrated from a former UST at the Police Station via groundwater to adjacent apartments. Levels of dissolved gasoline in the groundwater under the residential property had increased to the point that hazard notification to the DEP should have been made and Immediate Response Actions taken to assess potential impacts to indoor air at the apartment complex. The City, once notified of their noncompliance and DEP requirements, immediately undertook an assessment of the indoor air at the apartments. No impacts to indoor air from the release were identified. In addition, the City entered into a Consent Order with the DEP to further assess the gasoline plume and potential impacts to indoor air and to submit quarterly status reports to the DEP. DEP agreed to suspend the entire Penalty if the city complies with the terms of the agreement. The Consent Order also includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.


Date: 9/14/04
municipality: ['Southwick', 'Springfield']
Text:
  DEP issued an Order declaring a Water Emergency in West Springfield due to a major water main break. The break required West Springfield to obtain approximately 4 million gallons per day from neighboring Springfield. DEP's order included conditions regarding the return to service of the main that delivered Southwick well water to the system and a conservation plan with an implementation schedule.


Date: 9/13/04
municipality: ['South Hadley']
Text:
  DEP entered into a Consent Order with a $2,700 Penalty involving EIS Wire & Cable of South Hadley. DEP discovered violations of the Toxics Use Reduction Act (TURA) and hazardous waste regulations during an inspection on 3/9/04. In addition to the Penalty, the Company has agreed to correct the violations and pay double the applicable toxics use reduction fee of $7,750 for a total of $15,500 for calendar years 2001 and 2002. DEP agreed to suspend $2,000 of the Penalty contingent upon the Company's compliance with the settlement agreement.9/9/04


Date: 9/8/04
municipality: ['Hinsdale']
Text:
  DEP concluded an Amendment to an existing Consent Order to Hinsdale DPW, Hinsdale to address Underground Injection Control violations at the DPW facility. Additional soil cleanup required an extension to the deadlines in the original ACO.9/8/04


Date: 9/4/04
municipality: ['Spencer']
Text:
  DEP executed a Consent Order with a $10,875 Penalty involving Saint Joseph's Abbey in Spencer for failing to comply with Air Pollution Control, Hazardous Waste Management, and Wastewater Regulations. The Abbey, which is located at 167 North Spencer Road, is the home of a religious order of Trappist Monks, and produces a variety of jellies and jams on site. The Abbey failed to operate its processes in accordance with the conditions of its existing Air Quality Control plan approval and failed to follow hazardous waste storage and management requirements. In addition, the Abbey failed to properly dispose of various sanitary and industrial wastewaters. The Order requires the Abbey to institute an Environmental Management System, and install equipment that will reduce the volume of industrial wastewater that it generates. DEP agreed to suspend the Penalty provided the EMS is implemented and all other compliance actions are completed.


Date: 9/4/04
municipality: ['Northbridge']
Text:
  DEP issued a Unilateral Administrative Order (UAO) and a $68,613 Civil Administrative Penalty to Northbridge Auto Wrecking, Inc. of 2040 Providence Road in Northbridge for violating Hazardous Waste, Industrial Wastewater, Wetlands, Solid Waste Regulations at this facility where junked cars are stored and crushed along the Blackstone River. The company was ordered to cease the use of the automobile crusher until containment was provided to capture leaking fluids, cleanup contaminated soil, submit a wetlands restoration plan and comply with hazardous management standards. In addition, a UAO was issued to Northbridge Auto in August 2003 ordering the Company to properly separate, remove and dispose of illegally stored tires. That UAO was appealed by the Company, and has not yet been settled.


Date: 9/3/04
municipality: ['Holden']
Text:
  DEP issued a Unilateral Administrative Order (UAO) to TLT Construction Corporation of Holden, which is the contractor for Wachusett Regional School project in Holden. Department staff observed that erosion of soils from the project had impacted wetlands and tributary streams to Wachusett Reservoir. The UAO requires this contractor to immediately stabilize the Site and to provide an impact evaluation and restoration plan within 30 days. Penalty Assessment is expected.9/3/04


Date: 9/3/04
municipality: ['Leicester']
Text:
  DEP issued a Unilateral Administrative Order (UAO) to Paul Schold of Leicester for erosion and sedimentation violations at Town Meadow Brook and Dutton's Pond of Leicester. The UAO requires Schold to immediately stabilize the site and to submit a plan within 30 days that evaluates wetlands impacts and proposes appropriate restoration.9/3/04


Date: 8/31/04
municipality: []
Text:
  DEP entered into a Consent Order with a $13,750 Penalty regarding American Optical Corporation in Southbridge. The violations were for failure to submit information, and failure to develop and implement the selected remedial action alternative pursuant to DEP's waste-site cleanup requirements. The Company will be required to pay an additional $7,500 if they violate the items in the Order within one year.


Date: 8/31/04
municipality: ['Rockport']
Text:
  DEP executed a Consent Order with Lakeview Realty Trust/Sandy Bay Terrace of Rockport. The Order establishes a schedule for completion of phased cleanup of this contaminated site. In August, 2004, DEP entered into a Consent Order with a $25,000 Penalty regarding this property, which involved Feldman Construction Company due to five years of past noncompliance at this location. This companion Order requires the current owner of the property (Lakeview) to conduct phased response actions to return the site to compliance.8/31/04


Date: 8/31/04
municipality: ['Shirley']
Text:
  DEP entered into a Consent Order with MCI-Shirley. The Massachusetts Department of Correction (DOC) agreed to meet deadlines for the completion of assessment and remediation of a petroleum release at this site. The DOC had received a Notice of Noncompliance for failing to submit a Phase IV Remedy Implementation Plan, and had not submitted a schedule for completing the work as requested. The DOC has now submitted an acceptable schedule for completing the work and has agreed to pay stipulated penalties if they do not meet the deadlines.8/31/04


Date: 8/30/04
municipality: []
Text:
  DEP entered into a Consent Order with a $6,000 Penalty regarding the Weston Department of Public Works. A DEP inspection on January 31, 2004 found violations of Air Quality (Stage II) and Hazardous Waste (storage/labeling). The town also agreed to develop and implement an Environmental Management Systems (EMS) that will integrate environmental compliance into daily operations.


Date: 8/30/04
municipality: []
Text:
  DEP entered into a Consent Order with a $15,000 Penalty regarding the Methuen Department of Public Works. DEP found violations involving Air Quality (vapor recovery), Hazardous Waste (storage/labeling) and Industrial Wastewater (floor drain) during an inspection in February, 2004. The town agreed to conduct a Supplemental Environmental Project (SEP) that involves the removal of debris from five specific areas in town located near either wetlands or waterways. Collection, transportation and disposal of collected materials (tires and scrap metal) will be recycled and other materials will be disposed of in an appropriate manner. DEP agreed to suspend the Penalty provided all terms of the Order are met.8/27/04


Date: 8/25/04
municipality: ['Dudley']
Text:
  DEP executed a Consent Order with a $25,050 Penalty regarding Mace Adhesives & Coatings Company, Inc., of Dudley for violating Hazardous Waste and Air Quality Regulations. The Company was illegally storing hundreds of drums, most of which contained uncharacterized, unusable hazardous wastes. In addition, the company operated as a major source of air emissions without having first obtained the appropriate permit, and it failed to maintain adequate operating records. In addition to the Penalty, the company must properly characterize all drums on site, and designate them for either re-use on site or for timely proper disposal. In addition, a tracking system will be put in place to ensure the timely reuse or disposal of future materials.


Date: 8/24/04
municipality: []
Text:
  DEP issued a Notice of Noncompliance (NON) to Waste Systems International (WSI) regarding the South Hadley Landfill. The NON was issued to WSI to address landfill gas odors observed both on and off-site.8/23/04


Date: 8/23/04
municipality: []
Text:
  DEP issued a Unilateral Administrative Order and $300 Penalty to Camp Stanica of Palmer. The Camp is a public water system that failed to submit its required annual statistical report. That report along with the Transient Non-Community/Public Water System self-survey is still required in addition to the Penalty.8/23/04


Date: 8/20/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with a $4,000 Penalty regarding Leonard E. Belcher Inc., of Springfield. Belcher was cited for failure to complete cleanup actions after releases of fuel oil were identified in the soils and groundwater on-site. Belcher owns a fuel oil terminal located at 195-225 Armory Street, in Springfield. Since 1987 Belcher has performed response actions to address the contamination but has repeatedly failed to submit the appropriate reports to DEP.


Date: 8/20/04
municipality: ['Fitchburg', 'Holyoke']
Text:
  DEP assessed a $30,000 Civil Administrative Penalty to Spartan Nominee Realty Trust of Holyoke. The owners of property at 195 Appleton Street were cited for failure to comply with hazardous waste regulations and perform response actions involving cleanup of a petroleum release at the site. The Trustees are listed as Harry Xarras and Maryruth Ryan, both residents of Fitchburg.


Date: 8/19/04
municipality: []
Text:
  DEP entered into a Consent Order with a $30,000 Penalty involving Dexter-Russell, Inc., of Southbridge. The Order was issued to Dexter-Russell, Inc. of 44 River Street for failure to meet requirements of DEP's Notice of Noncompliance. Specifically, the Company failed to remediate a hot spot of benzene in groundwater that exceeded Upper Concentration Limits. In addition to the Penalty, the Company has agreed to conduct aggressive groundwater remediation.


Date: 8/18/04
municipality: ['Chicopee']
Text:
  DEP entered into a Consent Order with a $1,500 Penalty regarding Stanley Sefton of Chicopee. Sefton, the owner of the former Niemiec's Auto Service in Chicopee, was cited for failing to notify DEP of a release of gasoline in a timely manner. Sefton and the prospective purchaser have also promptly arranged for cleanup of the gasoline contamination at the property.8/16/04


Date: 8/13/04
municipality: ['Chicopee']
Text:
  DEP executed a Consent Order with a $6,600 Penalty regarding KSA Associates, Inc. of Chicopee to address violations at the company's motor vehicle fuel dispensing facility. DEP issued a Notice of Noncompliance to the facility after a February 26, 2004 inspection found Stage II Air Quality (Vapor Recovery) violations. The May 13th follow-up inspection revealed similar and new violations at the facility. As part of the settlement agreement the Company has agreed to correct the violations. DEP agreed to suspend $5,100 if KSA remains in compliance for one year.8/13/04


Date: 8/13/04
municipality: ['Rockport']
Text:
  DEP executed a Consent Order with a $25,000 Penalty regarding Feldman Construction Company of Rockport. Feldman the operator of a contaminated site in Rockport at 3 Sandy Bay Terrace was cited for being out of compliance with cleanup requirements. The Order addresses five years of noncompliance, in which Phase II, III, IV and RAO deadlines have been missed8/12/04


Date: 8/6/04
municipality: ['Monson']
Text:
  DEP executed an amended Consent Order with the Monson Water & Sewer Department of Monson. The Order extends timeframes for completing the Bunyan Road replacement well.8/6/04


Date: 8/6/04
municipality: ['Fitchburg']
Text:
  DEP executed a Consent Order with a $56,250 Penalty involving Charlotte Bakken of New Ipswich, New Hampshire for violating Air Pollution Control (Asbestos) Regulations at a rental property she owns in Fitchburg. During the inspection, DEP personnel found unmarked household trash bags of dry, friable asbestos pipe insulation in the basement of the property and observed pieces of the asbestos insulation uncontained on the floor. The asbestos waste was generated from an improper asbestos removal conducted by an unlicensed tenant of the building. DEP agreed to suspend all but $1,000 of the Penalty based on Bakken's financial circumstances and provided she does not violate any of the citations in the Consent Order within one year.


Date: 8/6/04
municipality: ['Gardner', 'Shelburne']
Text:
  DEP executed a Consent Order with a $15,562 Penalty involving Mitchell Excavating, Inc. for Air Quality (Asbestos) violations. DEP observed, during the demolition of the old Gardner Freight House in Gardner, that dry, friable, uncontained asbestos insulation and asbestos-containing thermal paper was mixed throughout the debris. The company conducted the demolition activity and handled the asbestos-containing fire debris without notifying the DEP or ensuring that the asbestos-containing waste materials were properly handled, packaged, labeled and stored as required by the regulations. DEP agreed to suspend $6,562 of the Penalty provided the company (which is based in Shelburne, MA) does not violate any terms of the Order within one year.


Date: 8/5/04
municipality: ['Oakham']
Text:
  DEP issued a Unilateral Administrative Order (UAO) to Robert and Barbara Crawford for alterations of a wetland and intermittent stream on their property in Oakham. The UAO requires the Crawfords to cease from further activities that affect wetland resources. DEP noted a future Enforcement Conference to discuss penalties and remedies.


Date: 8/3/04
municipality: []
Text:
  DEP entered into a Consent Order with Boxford Police Department. As a public water supplier, the Boxford Police Department failed to address elevated levels of arsenic. Under the terms of the Order, a water treatment study will be submitted to the DEP with plans & specifications for full-scale treatment no later than 12/1/04.


Date: 8/3/04
municipality: ['Attleboro']
Text:
  DEP executed a Consent Order with Attleboro Ice and Oil Co., Inc. for waste-site cleanup violations related to an Activity and Use Limitation (AUL) at 72 Pleasant Street in Attleboro. The Order requires the company to conduct additional assessment relative to the clean-up and closing-out of this site. The company also agreed to conduct a Supplemental Environmental Project (SEP) to develop a company-wide response plan for emergencies and releases that affect or potentially affect the environment, as well as training company employees on the plan.


Date: 8/3/04
municipality: ['Fall River']
Text:
  DEP entered into a Consent Order with a $7,700 Penalty regarding Walter A. Furman Co., Inc. of Fall River for violating air pollution control and hazardous waste regulations. The violations included acting as an illegal storage facility, improper labeling, inadequate aisle spacing in the hazardous waste accumulation areas and improper record keeping.


Date: 8/3/04
municipality: ['Sutton']
Text:
  DEP executed a Consent Order with a $6,200 Penalty involving Chiller Components, Inc. of Sutton for violating Hazardous Waste Regulations. The company accumulated waste oil in excess of the time limit allowed; failed to properly complete and maintain records; and, failed to comply with other hazardous waste regulations. DEP agreed to suspend $3,780 of the penalty pending completion by the company of a Supplemental Environmental Project (SEP). The SEP calls for the company to provide Advanced Driver Training for Sutton's Police, Fire, EMS, and DPW workers, all of whom are first responders to hazardous material/waste incidents.


Date: 8/3/04
municipality: ['Cambridge']
Text:
  DEP issued a Unilateral Administrative Order regarding New Street Landfill, City of Cambridge. DEP issued the Order to the city of Cambridge for exceedence of lower explosive limit (LEL) in landfill gas monitoring on the western edge of New Street Landfill. The Order requires immediate steps to abate the condition including assessment and submittal of a scope of work.


Date: 8/2/04
municipality: ['Merrimac']
Text:
  DEP entered into a Consent Order with the town of Merrimac for exceeding its permitted water withdrawal rates by more than 100,000 gallons per day during 1998, 1999 and 2003. The town agreed to reduce unaccounted for water (currently 21%) to 15% or less; complete a leak detection survey, and make the necessary repairs; and, submit and implement a plan to accurately meter residential users. The town will also document its demand projections in order to receive its water withdrawal permit for 2005 forward, and provide information on water conservation and water bans to residents.


Date: 8/2/04
municipality: ['Essex']
Text:
  DEP entered into a Consent Order with a $50,000 Penalty regarding wetlands violations at 180 Southern Avenue in Essex. John Filias purchased this property from Thomas and Ruth McClain in 2003, and an inspection by DEP in 2004 found that the current and former owners had altered (.4) acres of Bordering Vegetated Wetlands along with 90 feet of intermittent stream without approval. The McClains and Filias have agreed to characterize the fill material used for proper disposal and restore/replicate the resource areas. DEP agreed to suspend $25,000 of the Penalty if all terms of the Order are met.


Date: 7/30/04
municipality: ['Fitchburg']
Text:
  DEP entered into a Consent Order with a $6,000 Penalty regarding Fitchburg Gas & Electric Light Company of Fitchburg for violating Hazardous Waste Regulations. The company acted out of their registered hazardous waste status and failed to properly label a waste oil accumulation tank. DEP agreed to suspend $4,500 of the penalty pending completion by the company of a Supplemental Environmental Project (SEP). The SEP calls for the company to give the Fitchburg Fire Department $4,500 to be used toward the purchase of a one hour, high-pressure self-contained breathing apparatus for use in hazardous material/waste response.


Date: 7/28/04
municipality: ['Lawrence']
Text:
  DEP issued a demand for $15,000 in stipulated penalties to the City of Lawrence for failing to perform work and meet deadlines established in a 1999 Consent Order with DEP. In addition, the city failed to operate and maintain the immediate treatment plant improvements made with financial assistance from the State Revolving Fund.


Date: 7/28/04
municipality: ['Pittsfield']
Text:
  DEP executed a Consent Order with a $5,750 Penalty involving Cianbro Corp. for violations at a construction site on the South End Bridge in Agawam. Cianbro (based in Pittsfield, Maine) failed to notify DEP within two hours of a release at a construction site on the South End Bridge in Agawam. Cianbro is the primary contractor for the project over the Connecticut River, located on Route 5. DEP received notification on 4/6/04, at 7


Date: 7/28/04
municipality: ['East Bridgewater']
Text:
  DEP entered into a Consent Order with a $9,200 Penalty involving Gas Recovery Systems, LLC, 234 Thatcher Street of East Bridgewater. The company was not registered as a generator of hazardous waste; was acting as an illegal storage facility; was improperly labeling fifty-five gallon satellite containers of oily solids in the engine area; and, did not label two waste oil tanks within the accumulation areas. In addition the company failed to submit a timely application for a change in business name, division name, or facility name as required under its Operating Permit.


Date: 7/28/04
municipality: []
Text:
  DEP issued a $30,000 Penalty Assessment Notice to Moccio Equipment Corp., of Agawam for failure to complete response actions involving the cleanup of fuel oil. A release of fuel oil at the company's facility in Agawam, originated from an underground storage tank failure, and resulted in the discharge of fuel oil to a nearby brook in April 1996. Response actions were initiated by Moccio, including removal of the tank and removal of contaminated soil, however completion of the cleanup has not been done despite issuance of a previous penalty and a Unilateral Administrative Order by the DEP in January 2003.7/28/04


Date: 7/27/04
municipality: ['Pittsfield']
Text:
  DEP executed a Consent Order with a $9,000 Penalty involving asbestos removal violations at a Pittsfield residence. Larry Galloway, a resident of Pleasant Ridge, Michigan, has agreed to complete the cleanup of the property. A DEP inspection of property on Pine Grove Drive revealed Galloway had removed approximately 110 linear feet of asbestos piping insulation from the basement and 200 square feet of floor tiles. The asbestos material was put into unlabeled bags that were left curbside.


Date: 7/26/04
municipality: ['Gosnold']
Text:
  DEP entered into a Consent Order with an $18,000 Penalty involving Naushon Island Trust of Gosnold. The Trust failed to notify DEP of an oil spill on Naushon Island of approx 100 gallons of home heating oil and conducting an Immediate Response Action without DEP approval. In lieu of the Penalty, the Order requires a Supplemental Environmental Program (SEP) where the Trust made a $20,000 donation to the Coalition for Buzzards Bay to help pay the cost of developing a Geographic Response Plan to address future oil spills in Buzzards Bay.


Date: 7/26/04
municipality: ['Upton']
Text:
  DEP executed a Consent Order with a $23,000 Penalty regarding Fox4 Paintball LLC for filling of 20,000 square feet of wetlands resource area in Upton. The Order requires removal of the fill material ' some of which included Solid Waste ' and complete the restoration of the impacted wetlands.


Date: 7/26/04
municipality: ['Millis']
Text:
  DEP entered into a Consent Order with Glen Ellen Country Club of Millis for violations of the state's Clean Waters Act. The private country club, which currently discharges wastewater through three septic systems, has agreed to submit plans for wastewater treatment facility and groundwater discharge permit.


Date: 7/26/04
municipality: ['Somerville']
Text:
  DEP entered into a Consent Order with ZPF LLC of Somerville. As the owners of 520 Columbia Street in Somerville, ZPF was notified in Jan. '04 it was overdue for response actions. The Order requires ZPF to bring the site into compliance by 9/30/04.7/23/04


Date: 7/21/04
municipality: ['Chicopee']
Text:
  DEP executed a Consent Order with a $2,500 Penalty involving Dimitri Salagornik to settle issues resulting from the demolition of a Chicopee building in July, 2003. DEP inspectors arrived at a residential site after receiving a complaint about dust from demolition activity on the upper floors of a residence. DEP observed that Salagornik had demolished the upper floors of the house and parts of the basement walls were exposed. Through the openings, the inspector observed that there was damaged asbestos from steam pipes on the basement floor and on the foundation walls. Salagornik immediately hired a local asbestos abatement contractor to properly remove all the asbestos.


Date: 7/21/04
municipality: ['Chicopee']
Text:
  DEP entered into a Consent Order with an $11,630 Penalty involving Randolph Products in Chicopee for air quality and hazardous waste violations. The violations were discovered during a DEP inspection conducted on February 11, 2004. The violations included the operation of previously installed equipment without first obtaining DEP approval. DEP agreed to suspend $6,630 if all terms of the Order are met.


Date: 7/21/04
municipality: ['Hudson']
Text:
  DEP executed a Consent Order with a $10,800 Penalty involving Boyd Coatings Research Company, Inc., of Hudson for Air Quality and Hazardous Waste violations. The company failed to obtain an air quality plan approval, acted out of its registered hazardous waste status, and failed to comply with other hazardous waste accumulation/management regulations. DEP agreed to suspend $4,050 of the penalty pending completion by the company of an Environmental Management System, essentially an audit of the company's environmental standards and practices and implementation of any necessary changes.


Date: 7/21/04
municipality: ['Hudson']
Text:
  DEP entered into a Consent Order with a $1,250 Penalty involving Boyd Coatings & Paints Company, Inc., of Hudson for Hazardous Waste violations. The company acted out of their registered hazardous waste status and failed to comply with hazardous-waste manifest requirements. DEP will suspend $1,000 of the penalty pending the company's compliance with the Department's Small Business Policy.


Date: 7/21/04
municipality: ['Springfield']
Text:
  DEP issued a $75,000 Penalty Assessment Notice (PAN) to A-Plus Abatement Contractor, Inc., for violations during the removal of asbestos from the interior of a building on Main Street in Springfield. The asbestos abatement company (which is based in Pawtucket RI) caused emissions when a breach occurred in the containment in the top floor of the building. The emissions, which occurred in August of 2003, impacted the exterior walls of the building as well as the sidewalk on Main Street.7/21/04


Date: 7/20/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with $7,000 Penalty involving Boyco Corporation of Springfield. Boyco failed to take timely Response Actions regarding the cleanup of its 846 Bay Street property. The site is the former Cohen Bros. Scrap Metals Yard, where a metals salvaging business has been in operation for over 80 years. The site currently contains large piles of metal filings and metal debris mixed with soil, and known releases of oils and solvents to soil and groundwater. Boyco agreed to take appropriate action to bring the site into compliance; DEP agreed to suspend the Penalty if all terms of the Order are met.


Date: 7/20/04
municipality: ['Harvard']
Text:
  DEP executed a Consent Order with a $2,875 Penalty to bring the Town of Harvard's Bromfield wastewater treatment facility into compliance with the terms of its groundwater discharge permit. The facility was found to be exceeding its effluent limits for nitrogen, total suspended solids and BOD. The town will pay $500 of the Penalty, and the remaining ($2,375) will be suspended pending compliance with the Order.


Date: 7/19/04
municipality: ['Weston']
Text:
  DEP collected $30,626 in stipulated penalties from Edward Linehan & Richard Gillis of Weston due to wetlands violations on property in Weston. When Linehan & Gillis failed to meet the deadline for payment of the stipulated penalties, the matter was forwarded to debt collection. The payment of $30,626 represents a tripling of the original stipulated penalty.


Date: 7/16/04
municipality: ['Worthington']
Text:
  DEP issued a $300 Penalty Assessment Notice to Buffington Hill Partnership, of Worthington for failure to submit annual statistical report required for all public water suppliers. This public water system, also known as Hickory Hill Touring Center, has had previous noncompliance with this requirement.7/12/04


Date: 7/12/04
municipality: ['Middlefield']
Text:
  DEP executed a Consent Order with a $500 Penalty involving the Town of Middlefield (Highway Dept.) to address violations related to late notification of a 72-hour release conditions. The town was cited for failure to initiate Immediate Response Action relative to groundwater exceedences within 500' of a Public Water Supply well, in addition to inadequate assessment and reporting. Middlefield has agreed to submit a corrected plan, and submit a report that documents the data derived from the additional fieldwork. In addition, Middlefield will also submit either an IRA Status Report or an IRA Completion Report.


Date: 7/9/04
municipality: ['Newbury']
Text:
  DEP entered into a Consent Order with a $4,000 Penalty involving Millennium Engineering of Newbury for submitting improper septic system design information regarding new construction at a single-family home in Newbury. Millennium did not submit accurate flow estimates for the project, improperly designed the trench configuration and failed to demonstrate a reserve area for the system. If all terms of the Order are met (including full compliance with septic system regulations), the DEP agrees to suspend $1,000 of the Penalty.7/8/04


Date: 7/8/04
municipality: []
Text:
  DEP executed a Consent Order with a $9,400 Penalty involving the United States Army, Devens Reserve Forces Training Area (DRFTA) of Devens for violating Hazardous Waste Regulations. The DRFTA did not properly dispose of waste oil within timeframes associated with their generator status, failed to properly label waste oil drums, failed to properly maintain hazardous waste manifests, and failed to comply with requirements associated with its Personnel Training Plan and Contingency Plan.


Date: 7/8/04
municipality: ['Leominster']
Text:
  DEP entered into a Consent Order with a $3,825 Penalty involving United Comb & Novelty Corporation of Leominster for Air Quality and Hazardous Waste violations. United Comb failed to keep containers containing organic compounds closed to minimize evaporation, acted out of their hazardous waste status by generating excess waste oil, and failed to comply with applicable waste oil management standards (labeling, marking, signing).


Date: 7/8/04
municipality: ['Medway']
Text:
  DEP executed a Consent Order with a $3,550 Penalty with MicroGroup, Inc. of Medway for Air Quality, Hazardous Waste and Industrial Wastewater violations. The Company failed to keep containers containing organic compounds closed to minimize evaporation, conducted waste oil activity without proper notification to the Department, failed to properly label hazardous waste accumulation containers, failed to meet requirements governing emergency procedures, prevention and response, and operated an industrial wastewater treatment facility without an adequately certified operator. The ACOP assesses a $3,550 penalty.


Date: 7/7/04
municipality: []
Text:
  DEP executed a Consent Order with a $25,750 Penalty regarding the Longview Fiber Company, located at 100 Palmer Avenue, West Springfield for Air Quality violations. The company, which is located at 100 Palmer Avenue, had installed and operated a flexographic press at its corrugated box manufacturing facility without obtaining the required approval. In addition, Longview had failed to correctly report its volatile organic compound and hazardous air pollutant emissions as required by a DEP-issued approval for several other presses at the facility. Further, the company failed to certify in the Environmental Results Program when it became applicable. Longview agreed to provide proper air and industrial wastewater certifications for its facility, and is now focusing more resources to evaluating its environmental obligations.


Date: 7/6/04
municipality: ['Worcester']
Text:
  DEP Commissioner issued a Final Decision resolving an appealed Unilateral Administrative Order (UAO) sent to Thomas W. Michalak d/b/a T.W. Michalak Polishing & Plating of Worcester. On 12/26/03, the DEP issued the UAO after an inspection of the company revealed numerous violations of Hazardous Waste and Air Quality Regulations. The company opted to appeal the UAO, and today's Final Decision approves an Administrative Consent Order (ACO) that requires the company to comply with all applicable regulations.


Date: 7/6/04
municipality: ['Worcester']
Text:
  DEP Commissioner issued a Final Decision resolving an appeal by Coyne International Enterprises, Corp., d.b.a., Coyne Textile Services of Worcester. After numerous violations (and subsequent enforcement actions) of Air Quality Regulations, which caused lint to be emitted to the neighborhood around the Coyne facility, the Department issued a $10,000 Penalty in May of 2003. The Final Decision assesses the full $10,000 penalty and will suspend $5,000 of the Penalty pending the installation and operation of a new boiler. In addition, for the next two years the company faces stipulated penalties of $5,000 for each day on which operation of the facility causes or contributes to a condition of air pollution. Standard Operating Procedures involving lint control shall also be revised.


Date: 7/7/04
municipality: ['Boston']
Text:
  DEP reached a settlement involving 307 Beacon Street Condominium Trust, Boston. DEP issued a $7,500 Penalty to the Trust for failure to conduct appropriate response actions surrounding the release of 275 gallons of home heating oil that occurred on 2/17/01. In addition to the Penalty, the Trust has agreed to strict timelines for the submittal of response actions.


Date: 7/2/04
municipality: []
Text:
  DEP issued a Unilateral Administrative Order to the Town of Greenfield relative to the failure of a landfill stormwater retention basin and certain erosion damage. The Order requires the Town to repair the basin that failed and mitigate erosion on those slopes located between the landfill and the Deerfield River.


Date: 6/30/04
municipality: ['Leominster']
Text:
  DEP executed a Consent Order with $11,500 Penalty regarding Quebecor World Eusey Press, Inc. of Leominster for violating Air Pollution Control, Hazardous Waste and Environmental Results Program (ERP) Regulations. The company's air violations included


Date: 6/29/04
municipality: ['Abington', 'Boston', 'Danvers', 'Worcester']
Text:
  DEP entered into a Consent Order with a $67,500 Penalty regarding asbestos violations by Environmental Enterprises & Assoc The violations were found during inspections of asbestos removal sites in Boston, Danvers, Weymouth, Abington and Worcester and involved notification, proper removal, containment, air cleaning and waste disposal. DEP agreed to suspend $42,500 of the Penalty provided EEA comply with all terms of the Order over a two-year time period.


Date: 6/28/04
municipality: ['Athol']
Text:
  DEP executed a Consent Order with a $2,250 Penalty involving Niagara Cutter-Athol, Inc. of Athol for violating Hazardous Waste Regulations. The Company stored waste oil longer than allowed by their registered generator status and failed to determine whether the waste it generated is hazardous.


Date: 6/28/04
municipality: ['Leominster']
Text:
  DEP executed a Consent Order with a $1,000 Penalty regarding Alpha Wire Company of Leominster for violating Air Pollution Control and Hazardous Waste Regulations. The Company failed to operate their facility in accordance with an Air Quality Plan Approval (record keeping), generated hazardous waste in excess of it registered status, and failed to meet the requirements governing emergency procedures, prevention and response.


Date: 6/25/04
municipality: ['Edgartown']
Text:
  DEP entered into a Consent Order with a $20,000 Penalty involving Winnetu Hotel Resort Complex in Edgartown on Martha's Vineyard for water supply and wastewater violations. The Order requires compliance with violations associated with maintaining a public water supply and providing treatment at its large Title 5 system operations.


Date: 6/24/04
municipality: ['Dunstable']
Text:
  DEP executed a Consent Order with a $10,000 Penalty regarding Dunstable Gas, Inc. for Air Quality violations at their gas station located at 238 Pleasant Street, Dunstable. The company failed to respond to an Oct/2003, Notice of Noncompliance issued by DEP, which cited the failure to maintain and conduct tests on the vapor recovery equipment, submit annual forms, and other record keeping, and posting violations. The gas pumps were not taken out of service within 14 days after failing tests, as required. Additionally, the Company inaccurately certified to regulatory compliance at the station and failed to conduct the required vapor recovery tests for 2001 (installation) and 2002. This station ' based on its average of 750,000 gallons per year ' has the potential to emit 7.5 tons of VOCs and hazardous air pollutants.


Date: 6/24/04
municipality: ['Mendon']
Text:
  DEP entered into a Consent Order with a $32,000 Penalty involving Drake Petroleum Company, Inc. (d.b.a. Xtra Mart) for operating an on-site public water supply without a permit at their gas station and convenience store located at 1 Milford Street in Mendon. The chemical MTBE was present in the on-site well at levels exceeding DEP standards and the well does not meet the criteria for a public water supply source. At the direction of DEP the company ceased serving food and beverages prepared at the facility. The Order requires documentation that the water source will not be used as a public supply and food and beverage preparation will not take place at the facility.6/22/04


Date: 6/21/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with a $20,000 settlement regarding Poly Metal Finishing, Inc. of Springfield to address air pollution, hazardous waste, and industrial wastewater violations. The violations were discovered during a DEP inspection conducted on 6/8/03. Poly Metal will pay $5,000 of the Penalty, correct the violations and perform a Supplemental Environmental Project (SEP) in the Watershops Pond area in coordination with the Springfield Water and Sewer Commission. The Company will also develop and complete an EMS for its facility that will assess the overall environmental conditions and circumstances of all of its operations. The remaining $15,000 of the penalty will be suspended provided Poly Metal complies with all terms of the Order.


Date: 6/18/04
municipality: ['Southampton']
Text:
  DEP entered into a Consent Order regarding Drake Petroleum Company (d.b.a. Xtra Mart) in Southampton. Drake, which owns and operates a gasoline station located at 247 College Highway, Southampton has agreed to comply with deadlines for submittal of Phase IV reports and completion of response actions in a timely manner. Subsurface investigations in 1996 indicated the presence of diesel fuel and gasoline in the soils and groundwater under the station. The site is located in a potentially productive aquifer, the Zone II of a public water supply well, and a residential area. The Order includes stipulated penalties of $1,000 per day for failure to comply with deadlines for completion of response actions.6/18/04


Date: 6/18/04
municipality: ['Westhampton']
Text:
  DEP entered into a Consent Order with Westhampton Elementary School, Westhampton regarding underground injection control requirements (UIC) at this public water system. The non-compliance was identified during a Sanitary Survey at the facility6/17/04


Date: 6/17/04
municipality: []
Text:
  DEP issued a boil order to the South Royalston Improvement Corporation (a public water system of approx 52 customers). The public notice is being hand delivered to all customers. The water supplier will be disinfecting the system, collecting additional bacteria samples and conducting a study of the system to determine the source of contamination.6/16/04


Date: 6/15/04
municipality: ['Stoughton']
Text:
  DEP issued a Unilateral Assessment Order to Aggregate Industries of Stoughton for filling within a wetland resource area that included, Bordering Vegetated Wetland and associated Buffer Zone without a permit or approval from the local Conservation Commission or DEP. The Order ordered Aggregate to immediately cease and desist from all unpermitted wetland resource area activities.


Date: 6/15/04
municipality: ['Townsend', 'Westminster']
Text:
  DEP executed a Consent Order with a $56,250 Penalty regarding Benjamin Builders Realty Trust of Townsend for Air Pollution Control (Asbestos) violations. Before performing work at a property it owns in Westminster, the Trust failed to submit notification of demolition/renovation operations involving asbestos-containing material. The Trust failed to properly wet, seal, and label asbestos waste at the property and stored asbestos-containing materials at a location that is not approved for asbestos or 'special waste.' Through the application of the DEP's Policy for Small Business, $36,250 of the Penalty will be suspended.


Date: 6/15/04
municipality: ['Hopedale']
Text:
  DEP executed a Consent Order with a $39,375 Penalty involving John M. Cowen, Sr., of Hopedale for Air Pollution Control (Asbestos) violations. Cowen failed to submit demolition/renovation notification for work on a residence in Hopedale involving asbestos-containing material. Cowen failed to properly wet, seal and label asbestos waste at the property, and stored asbestos-containing materials at a location that is not an approved for 'special waste.' Due to financial hardship, $38,375 of the penalty was suspended.


Date: 6/14/04
municipality: ['Pittsfield']
Text:
  DEP completed a Consent Order with a $5,000 Penalty involving the City of Pittsfield relative to a discharge of wastewater from a manhole near the City's Publicly-Owned Treatment Works (POTW) during a significant rain event. Significant Inflow and Infiltration (I/I) have burdened the POTW and had been a cause of the discharge. After extensive negotiations, the City has now agreed to undertake a substantial study of its sewer system. The City has allocated $300,000 for an I/I study over two fiscal years in order to meet the terms of the Order. DEP agreed to suspend the Penalty provided the City completes the I/I study and complies with the terms of the Consent Order. In addition to the study, the City council approved significant rate increases to fund additional long-term improvements to sewer system infrastructure.6/14/04


Date: 6/14/04
municipality: []
Text:
  DEP executed a Consent Order with a $7,500 Penalty regarding C. White & Sons (a Connecticut-based petroleum transportation company) for failure to notify DEP in a timely manner of a release of 25 gallons of gasoline. The release on 2/16/04 occurred when an employee of C. White overfilled an underground storage tank at a Stop & Shop gasoline station in Agawam. The spill impacted paved surfaces and a storm drain. The individual failed to notify the Agawam Fire Department, DEP, or the property owner. DEP was notified of the release 14 hours later by a consultant retained by C. White to evaluate the release. In addition to the Penalty and arranging for the prompt cleanup of the spill, C. White has also agreed to revise its spill response procedures and re-train employees.


Date: 6/14/04
municipality: ['Rochester']
Text:
  DEP entered into a Consent Order with a $45,000 Penalty regarding Great Bear Farm (James Rezendes) of Rochester for the alteration of a total of two acres of Bordering Vegetated Wetlands (BVW) in two different locations on Rezendes property, and the construction of a reservoir. The agreement will require restoration of half an acre of BVW impacted by failure to implement proper erosion controls in the southeast portion of the property, and a total of 1.5 additional acres of restoration and replication adjacent to the reservoir in the northeast portion of the property.


Date: 6/14/04
municipality: ['Shrewsbury']
Text:
  DEP entered into a Consent Order with a $13,000 Penalty regarding J.J. Farrell, Inc. for erosion and sedimentation impacts on wetlands in Shrewsbury. The impacts resulted from the construction of Village At Orchard Meadows in Shrewsbury. In addition to the Penalty, Farrell is required to implement a comprehensive erosion and sedimentation control plan.


Date: 6/10/04
municipality: ['Northbridge', 'Upton']
Text:
  DEP executed a Consent Order with a $45,000 Penalty regarding Shining Rock Golf Course, LLC, for 'direct filling' and 'erosion filling' of property in Upton and Northbridge. The areas impacted involved over 20,000 square feet of wetland resource areas. DEP has agreed that $33,750 of the Penalty will be dedicated to a Supplemental Environmental Project (SEP) for Northbridge and Upton High Schools. The Schools will purchase equipment and supplies for water quality monitoring in town watersheds, mapping software, and related training materials. Funding may be used to develop, maintain and/or improve river walks as natural laboratory settings. Funding may also be used to implement testing programs for the Mumford, West and/or Blackstone Rivers (and their tributaries) through the use of a river classroom or to create permanent displays to educate students and the community about the activities described.6/10/04


Date: 6/10/04
municipality: ['Carver', 'Plymouth']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving A.D. Makepeace Co. located off Tihonet Road in Plymouth and Carver for the alteration of approximately 3,500 square feet of Bordering Vegetated Wetlands (BVW). A.D. Makepeace will restore the altered wetlands and has agreed to perform a Supplemental Environmental Project (SEP) intended to create additional wetland areas at the Site where none previously existed with a minimum value of $5,000.


Date: 6/10/04
municipality: ['Worcester']
Text:
  DEP executed a Consent Order with a $11,250 Penalty regarding A.M. Castle & Co. of Worcester for violating Air Pollution Control (Asbestos) Regulations. The Company handled dry, friable asbestos containing materials in a manner that caused or contributed to a condition of air pollution and failed to use asbestos waste disposal methods specified in the regulations. DEP has agreed to suspend $8,438 of the penalty pending completion of a Supplemental Environmental Project (SEP). The SEP will partially fund the pre-demolition removal of asbestos from abandoned, derelict structures which will be razed to make way for the new facility for the Boys' and Girls' Club of Worcester.


Date: 6/10/04
municipality: ['Uxbridge']
Text:
  DEP executed a Consent Order with a $6,000 Penalty involving Tracy Durand for Wetlands violations at her horse farm in Uxbridge. The Conservation Commission discovered the violations through infrared mapping and reported their findings to DEP. The Consent Order requires a restoration plan for the wetlands altered.6/9/04


Date: 6/9/04
municipality: ['Newburyport']
Text:
  DEP entered into a Consent Order with Polychronopoulis, LLC, of Newburyport. The company has agreed to replicate additional areas of wetlands not delineated in its original request to the Conservation Commission.


Date: 6/8/04
municipality: ['Westford']
Text:
  DEP executed a Consent Order with John Grant of Westford to resolve violations including failure to meet response action deadlines for the site located at 2 Carl Thomson Road, and operated by Mr. Grant as Elpako, Inc. Grant received a Notice of Noncompliance for these violations, and in response he submitted a schedule for returning to compliance. The Order was executed to formally establish these deadlines and calls for stipulated penalties if the terms are not met.6/8/04


Date: 6/8/04
municipality: []
Text:
  DEP executed a Consent Order with Grafton Partners, LLC relative to the illegal disposal of painted Asphalt, Brick & Concrete on their Grafton Property. The ACOP requires Grafton Partners to submit a Beneficial Use Determination application with a risk assessment to the Department and pay a $9,900 penalty.6/7/04


Date: 6/7/04
municipality: ['Northampton']
Text:
  DEP issued a $1,720 Penalty Assessment Notice to Fitzgerald Fence Co., of Northampton for Air Quality violations. The fence manufacturer illegally conducted open burning (April, 2004) of solid waste materials, including pressure treated wood and wood waste. The Company did not have a permit to conduct open burning. The Northampton Fire Department responded, as well as the Department of Environmental Management's Bureau of Forest Fire Control, referred the burning activities to the DEP. DEP required the Company to remove burned and unburned material from the property for proper disposal at a landfill.


Date: 6/4/04
municipality: ['North Reading', 'Wilmington']
Text:
  DEP entered into a Consent Order with a $31,500 Penalty involving Heffron Asphalt Corp. of North Reading for the unauthorized alteration of 10,000 square feet of Bordering Vegetated Wetlands at the company's Wilmington facility. Heffron has agreed to restore the altered wetlands. DEP has agreed to suspend $12,500 of the Penalty if all terms of the Order are met.


Date: 6/4/04
municipality: ['Springfield']
Text:
  DEP issued a $4,000 Penalty Assessment Notice (PAN) to Advance Auto Parts, Inc. for waste-site cleanup violations at its 777 Boston Road, Springfield location. DEP learned through its audit that response actions conducted at the site involving the Activity and Use Limitation (AUL) did not adequately describe the activities and uses that must be limited or restricted in order to avoid future risk. In addition, the boundaries of the restricted area were not adequately documented. Prior to issuing today's PAN, the DEP tried to establish a deadline in December of 2002, to correct the AUL that is on record with the Registry of Deeds. That deadline was not met. DEP issued a Notice of Noncompliance in October 2003, establishing a timeframe within which to return to compliance. The timeframe for returning to compliance passed without action by the company. The PAN is accompanied by an Order to correct the deed restriction.6/3/04


Date: 6/3/04
municipality: ['Sterling']
Text:
  DEP executed a Consent Order with a $28,125 Penalty regarding Robert Janda, d.b.a. R.J. Janda Plumbing and Heating Co. of Sterling. The company was cited for Air Pollution (Asbestos) violations while performing work at a residence in Sterling, including


Date: 6/2/04
municipality: ['Beverly']
Text:
  DEP entered into a Consent Order with a $12,000 Penalty regarding Chris Velonis of Beverly for the unauthorized alteration of approx. 1,720 square feet of bordering vegetated wetlands at 8 Thomas Road. In addition to the Penalty, Velonis is required to submit to the DEP by 6/30/04 a draft restoration plan for the altered area. The approved plan must be completed within 5 growing seasons and thereafter a monitoring plan will be incorporated into the Consent Order.


Date: 6/1/04
municipality: ['North Adams']
Text:
  DEP executed a Consent Order regarding LaValley Oil Company of North Adams for failing to notify DEP of a release of 50 gallons of #2 fuel oil. The release occurred on 1/25/04, at 10


Date: 5/28/04
municipality: ['Dedham']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty regarding Fourdee Realty Trust Property of Dedham. The Order addresses MCP violations at this petroleum-contaminated site. A DEP audit of Fourdee's Downgradient Property Status resulted in DEP issuing an NON in November, '02. DEP required at that time Fourdee conduct additional assessment. After Fourdee failed to conduct the assessment, DEP issued a Notice of Enforcement Conference in Jan. '04. Under this Order Fourdee agreed to conduct the additional assessment and response actions and DEP agreed to suspend an additional $10,000 if all terms of the Order are met.


Date: 5/28/04
municipality: ['Clinton']
Text:
  DEP entered into a Consent Order with a $2,500 Penalty regarding Cardillo's Service Center, Inc., of Clinton for violating MCP requirements. Cardillo's, which was required to conduct remedial actions in response to a gasoline release at the site, had ceased conducting response actions necessary to control, and cleanup, the spill. The Order requires that specific site assessment deadlines are met and response actions continued in order to contain and cleanup the gasoline contamination at the site.5/27/04


Date: 5/27/04
municipality: ['Amherst', 'Montague']
Text:
  DEP issued a $1,000 Penalty to Paul Vassallo, a former employee of Surner Heating Company of Amherst. Vassallo was employed by Surner and caused a release of greater than 100 gallons of #2 fuel oil at a residence in Montague on 2/1/04. Vassallo took no action to clean up the spill and did not notify his supervisor of the release. After the homeowner complained to the company about the lack of cleanup, Surner notified DEP on 3/8/04. However, the failure to immediately respond to the release resulted in additional migration of the fuel oil, and also threatened a private water supply well at the residence. In a separate Consent Order, Surner earlier paid a $5,000 penalty and agreed to re-train drivers on responding to spills.


Date: 5/27/04
municipality: ['Boston']
Text:
  DEP issued a Demand Letter for $16,000 to North American Site Developers Inc. (NASDI) of Boston. The penalty is due to NASDI's continued failure to place a notice on the deed of Sithe Edgar Power Plant in Weymouth as it had previously agreed to do. The notice on the deed is necessary in order to record that coated brick and concrete was used as fill material at the site. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.5/27/04


Date: 5/27/04
municipality: ['Nantucket']
Text:
  DEP entered into a Consent Order with a $58,000 Penalty regarding Walter J. Glowacki & Sons, Inc. and Glowacki Family Enterprises, Inc. of Nantucket for violations of air pollution, solid waste, hazardous waste, and water pollution control regulations. The site resides within the Zone II of a public water supply in Nantucket and also over a sole-source aquifer. The Glowacki operations include the operation of an asphalt batch plant, a concrete batch plant, a construction business, oil distribution, and a junkyard. DEP discovered violations including


Date: 5/27/04
municipality: []
Text:
  DEP entered into a Consent Order with a $500 penalty regarding Meridian Real Estate Services, Inc. of Middleboro. The Order stems from Meridian's working in the buffer zone to a BVW off Valley Road. Meridian began the construction of a single-family residence before DEP issued a Superseding Order of Conditions for the work.


Date: 5/27/04
municipality: ['Mount Washington']
Text:
  DEP finalized an amendment to an existing Consent Order providing a schedule for Camp Hi-Rock in Mount Washington. The Camp is now required to submit a report outlining operational deficiencies at the wastewater treatment plant and steps it will take to address them.


Date: 5/27/04
municipality: ['Hingham']
Text:
  DEP entered into a Consent Order with a $13,000 Penalty regarding Steven Nelson, a certified wastewater treatment operator for three facilities in Hingham


Date: 5/26/04
municipality: ['Berlin']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding R. G. Michael Dalrymple of Northbrook Greenhouses in Berlin. DEP discovered violations of the Wetlands Protection Act through the use of infra-red mapping. The Consent Order requires the submission of a Notice of Intent within 21 days for the portion of the filling that could possibly gain approval. Replication and restoration of the remaining wetland is also included in the order.5/26/04


Date: 5/25/04
municipality: ['Maynard']
Text:
  DEP executed a Consent Order with a $15,000 Penalty regarding asbestos violations by Servpro at a residence located in Maynard. The company, which is located in North Chelmsford failed to notify DEP of demolition/renovation operations involving asbestos; failed to use appropriate methods of capture and containment; and, stored asbestos-containing waste materials at the company's facility in North Chelmsford.


Date: 5/25/04
municipality: ['Boston', 'Salem']
Text:
  DEP entered into a Consent Order with a $7,500 Penalty regarding Advanced Building Systems (ABS), relative to asbestos violations at 100 Charles River Plaza in Boston. At that location, DEP personnel observed numerous violations on 8/14/04 by ABS, which is based in Salem NH, but is a licensed asbestos contractor in Massachusetts. DEP agreed to suspend an additional $31,875 Penalty provided all terms of the Consent Order are met.


Date: 5/24/04
municipality: ['Falmouth']
Text:
  DEP entered into a Consent Order regarding Five Star Enterprises, Inc. and S&M Five Star Demolition for the assessment and remediation of an illegal landfill in Falmouth. The site, located at 336 Old Barnstable Road had been used for fifteen (or more) years as an illegal dumping ground by Melvin Reine, former president of Five Star Enterprises, Inc. DEP, working in cooperation with the Falmouth Police and Natural Resource Departments and others, negotiated an administrative order with the current president of Five Star for the assessment and cleanup of the site. The site abuts an active cranberry bog and is located in an area of residential dwellings and a golf course. The Order requires evaluation of impact on groundwater and evaluation of the appropriate remedial measures for the closure. Based upon information obtained by the DEP, the dump is known to contain (at a minimum) demolition debris, vehicle parts and waste oil and other fluids. The Department will evaluate the results of the assessment and reserves the right to penalize for past infractions.


Date: 5/20/04
municipality: ['Chelsea', 'Revere']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding CCC Nominee Trust Property of Revere. The Order deals with MCP violations at a petroleum-contaminated site (176 Broadway) that CCC failed to Tier Classify within one year of initial release notification (2001). In addition, CCC failed to respond to a Notice of Noncompliance sent by the DEP in 2003. In addition to the Penalty, CCC will make a $5,000 donation to the Massachusetts Environmental Trust, to support environmental education in the Chelsea/Revere area.


Date: 5/20/04
municipality: ['Lakeville']
Text:
  DEP issued a Unilateral Administrative Order to Falconeiri Construction, Inc. of Middleboro requiring the company to cease and desist additional activity at a location in Lakeville until a final Order of Conditions has been issued. The Lakeville Conservation Commission's Order of Conditions for the proposed single-family residence is currently under appeal. The applicant has cut trees in the buffer zone without obtaining a final Order.


Date: 5/17/04
municipality: ['Winchendon']
Text:
  DEP entered into a Consent Order with a $38,000 Penalty to Outdoor Endeavors, Inc., owner and operator of Brian's Place, 93 Gardner Road in Winchendon. The company services the Subway Restaurant located at that address where an unregistered public water supply has been operating. A Dunkin Donut drive through is under construction. As a result of negotiations with DEP, the company agrees to the development and implementation of a Water Sampling and Analysis Plan, a Cross Connection Program Plan, and retention of a certified public water system operator to carry out sampling and maintenance requirements to assure safe operation of the existing well. As a long term solution the company has agreed to apply for a new public water supply source and complete construction of a new well in accordance with the protective setback requirements in the regulations, then properly abandon the existing, nonconforming well. If the company complies with all the requirements of the Order, DEP has agreed to suspend $32,000 of the Penalty.5/19/04


Date: 5/18/04
municipality: ['Rockland']
Text:
  DEP entered into a Consent Order with a $7,500 Penalty regarding AMF Technologies of Rockland. The company was cited for hazardous waste violations including acting as an unlicensed storage facility, improperly labeling hazardous waste, and failing to conduct weekly inspections in areas were hazardous waste containers were being accumulated.


Date: 5/17/04
municipality: ['Charlemont']
Text:
  DEP entered into a Consent Order with $11,500 Penalty regarding Union Terminal Piers, Inc. (Berkshire East Ski Area) of Charlemont. DEP found violations of the Water Management Act in the facilities' withdrawal of water for snowmaking purposes. DEP agreed to suspend $10,000 of the Penalty provided Berkshire East remains in compliance with the terms of the Consent Order.5/17/04


Date: 5/15/04
municipality: ['Ware']
Text:
  DEP entered into a Consent Order with D.Petracone & Sons of Ware. An inspection of this oil delivery and service business found floor drains that led directly into the ground, i.e. a violation of Underground Injection Control Regulations. The company has agreed to correct the violations.


Date: 5/14/04
municipality: ['North Adams']
Text:
  DEP issued a $9,375 Penalty Assessment Notice to Abenaqui Carriers, Inc., of North Adams. The New Hampshire-based petroleum transportation company was cited for failure to notify DEP within two hours of a release of an estimated 50 gallons of fuel oil. The release occurred on 1/25/04 at 10


Date: 5/13/04
municipality: ['Westborough']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty regarding Storopack, Inc. of Westborough. The Company violated air quality and hazardous waste regulations by installing and operating polystyrene foam expander equipment without first getting approval from DEP. In addition, the Company failed to notify the Department of it waste oil generation activity and failed to comply with waste oil accumulation standards. The Order requires the Company to submit a plan application for the new equipment and comply with all other applicable regulations.


Date: 5/13/04
municipality: ['Fall River']
Text:
  DEP issued a Unilateral Assessment Order and a $7,000 Penalty Assessment Notice to Alert Ambulance Service, Inc. relative to a Hess Station at 175 Milliken Boulevard in Fall River. The Order was issued to Alert as the owner of the above gas station, for failure to comply with deadlines regarding the cleanup of that property. Prior to this, on 10/20/03, DEP had issued a Notice of Noncompliance to Alert, requiring actions to be taken on the cleanup.


Date: 5/13/04
municipality: ['South Hadley', 'Springfield']
Text:
  DEP issued an $84,000 Penalty Assessment Notice to Norris Demolition, Inc., of South Hadley. Norris was cited for violations of asbestos violations that occurred during boiler removal at a two-family residential property in Springfield.


Date: 5/12/04
municipality: ['Charlton']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding R.G. Williams Custom Homes of Charlton. The company failed to prevent erosion and sedimentation from entering an intermittent stream. Effective controls have since been installed. The Consent Order requires submission of an evaluation and restoration plan by 5/20/04.5/12/04


Date: 5/11/04
municipality: ['Dartmouth']
Text:
  DEP entered into a Consent Order with the Town of Dartmouth regarding the former Park Oil Corporation at Rogers and St. John Streets. The Order was issued to the town as current owner of the above site, to correct Massachusetts Contingency Plan (MCP) violations. Specifically, the Order noted that previous work at the site did not meet the cleanup standards. The site, a former fuel oil distribution property, is currently a vacant shorefront area in which the town would like to redevelop for access to Clark's Cove and Buzzards Bay.


Date: 5/10/04
municipality: ['Springfield']
Text:
  DEP executed an agreement with Ronald and Loretta Mascaro relative to a former gasoline/auto-repair station on Walnut Street in Springfield. The reported release at this site originally occurred during the removal of Underground Storage Tanks in 1987. A technical assessment report had been submitted by a consultant for the estate of Isabella Mascaro indicating the presence of contamination. The Department was notified in 1997 that Ronald Mascaro had acquired ownership of the property. Despite Ronald Mascaro's intentions to complete response actions nothing has occurred to date. A previous Notice Of Noncompliance was issued in 2003. New timelines have now been established for submission of a Tier Classification or RAO.5/10/04


Date: 5/10/04
municipality: ['Berkley', 'Taunton']
Text:
  DEP entered into a Consent Order with a $21,000 Penalty regarding cranberry grower, William Couto, who operates more than 62 acres of cranberry bogs in Taunton/Berkley. Couto was operating above his 22-acre Water Management Act (WMA) registration in the Taunton River watershed; exceeded his water withdrawal by more than the threshold volume; and, violated requirements regarding the accuracy of reporting. The order sets timelines for applying for a WMA permit, and for obtaining a US Department of Agriculture/Natural Resource Conservation Service (USDA/NRCS) farm plan.


Date: 5/10/04
municipality: ['Hingham']
Text:
  DEP entered into a Consent Order with a $500 regarding Sealcoating Corp. DEP entered into the Order to address air quality violations resulting from bridge repair work along Route 2 in the Berkshires. The company (which is based in Hingham) agreed to ensure future compliance.5/7/04


Date: 5/7/04
municipality: ['Stoneham']
Text:
  DEP entered into a Consent Order with a $7,500 Penalty regarding Alberico Delliacono and his property at 8 Aspen Lane in Stoneham. A DEP inspection of the property on 11/8/02 determined 2,680 s.f. of Bordering Vegetated Wetlands had been altered without approval. Delliacono has agreed to restore the impacted resource area. If all terms of the Order are met, the DEP has agreed to suspend $3,500 of the Penalty.5/7/04


Date: 5/7/04
municipality: ['Newburyport']
Text:
  DEP entered into a Consent Order with Circle Finishing Inc., of Newburyport for cleanup violations. The company originally obtained a Tier 1 Permit in 1995 for cleanup of this site on Route 1 in Newburyport. Two extensions were sought and obtained in order to complete the work. By November of 2002, DEP issued a NON for missed deadlines. The PRP responded to that NON and requested additional time. With the latest deadline of Jan. '06, the company has yet to complete Phase II, III, or IV or filed a Response Action Outcome (RAO) Statement. Today's Order requires that Phase II, III and IV be completed by November, 2004, and that an RAO will be submitted by 1/24/06.5/6/04


Date: 5/4/04
municipality: ['Stoughton']
Text:
  DEP entered into a Consent Order with a $1,000 Penalty regarding Perkins Precoat Corporation of Stoughton. Perkins - a wood-coating facility - violated the requirements that were contained in their comprehensive plan approval issued by DEP for reductions of volatile organic compounds. In addition to the Penalty, the facility agreed to submit source reduction reports within sixty days.


Date: 5/4/04
municipality: []
Text:
  DEP issued three separate Notices of Response Actions regarding three separate sites for failure to comply with waste site cleanup regulations


Date: 4/29/04
municipality: ['Chicopee']
Text:
  DEP executed a Consent Order with a $1,500 Penalty regarding Mystic Tank Lines Corporation for failure to take response actions at a site in Chicopee where a release of gasoline occurred on 10/22/04. Mystic - a petroleum transportation company based in Astoria, New York - failed to submit a release notification form, an immediate response action plan and status report. As the responsible party for an over-fill of an underground storage tank, the company also failed to respond to a Notice of Noncompliance sent by DEP. In addition to paying the penalty, Mystic has now agreed to comply with cleanup requirements.4/29/04


Date: 4/26/04
municipality: ['Framingham']
Text:
  DEP entered into a Consent Order with a $11,000 Penalty regarding waste site cleanup violations at Exceptional Auto Body in Framingham. The company was cited for failure to perform comprehensive assessment and cleanup actions, and excavation/construction in the contaminated area (at 47 Blandin Avenue) without prior submittal of a plan to DEP. As a result of these violations, portions of the site may have been made inaccessible without first conducting adequate assessment and/or remediation. The Order requires the violator to proceed with comprehensive response actions. DEP agreed to suspend $6,000 of the Penalty provided all terms of the Order are met.


Date: 4/26/04
municipality: ['Middleborough']
Text:
  DEP entered into a Consent Order with a $20,000 Penalty regarding Total Recycling Services in Middleborough for failure to comply with hazardous waste and industrial waste regulations. The company had been storing waste oil uncovered, outside in a roll-off, which was not leak-free. In addition, waste oil was being transported without a license or recycling permit. The Order was necessary in order to properly clean out and bring the facility into compliance.


Date: 4/26/04
municipality: ['Ipswich']
Text:
  DEP entered into an amendment to a ('99) Consent Order with Feofees of the Grammar School, a Massachusetts Trust that owns 167 dwellings in Ipswich, (24 year round, 143 seasonal) that utilize septic systems and cesspools without a groundwater discharge permit. The Order requires the Trust to bring the development into compliance through the installation of holding tanks and the application for a discharge permit.


Date: 4/24/04
municipality: ['Leominster']
Text:
  DEP issued a Notice of Noncompliance to the Northwest School in Leominster, for Air Quality violations. A school employee was creating excessive dust and noise while operating a leaf blower to clean the paved playground. A crowd nearby, including young children, was participating in Little League Opening Day. The crowd was being exposed to airborne particulate as well as excessive noise. When asked to stop the use of the leaf blower- the operator refused and continued to operate for an additional 25 minutes. Particulate emissions can exacerbate respiratory problems such as asthma and allergies, especially in young children.4/21/04


Date: 4/20/04
municipality: ['Spencer']
Text:
  DEP issued a Notice of Noncompliance to the town of Spencer regarding its Municipal Sanitary Landfill. The town was cited for failing to provide a long-term monitoring plan and conduct monitoring as required under provisions relative to closure of the landfill issued by DEP in 1996.


Date: 4/19/04
municipality: ['Hamilton']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving the Town of Hamilton. Hamilton failed to maintain optimum corrosion control treatment as required by Drinking Water Regulations (lead & copper rule) and discontinued the use of blended phosphate without DEP approval.


Date: 4/16/04
municipality: ['Avon']
Text:
  DEP entered into a Consent Order and a $2,250 Penalty with Avon Town House Restaurant in Avon and Peter Hong Por Lee of Chak Mee Realty Trust. The owners failed to complete response actions in a timely manner after a Notice of Noncompliance (NON) was issued. The NON was issued because a release from an underground storage tank was improperly assessed since the Licensed Site Professional did not take into account that the site was located in a Zone II for a water supply.


Date: 4/16/04
municipality: ['Newton']
Text:
  DEP issued a Consent Order with a $7,000 Penalty regarding Yoree Inc. of Newton for Waste Site Cleanup violations. Yoree is the owner of a gasoline station at 188 Warren Street in Roxbury. This site is under the DEP's Urban Nonresponder Initiative. Yoree initially reported a release of gasoline in October 1994, and a second release (this time fuel oil) in April 2002. The violator failed to submit a report for either condition. In July 2003, DEP issued a NON, to which the owner did not respond. In January 2004, DEP then issued a Notice of Response Action. The owner then responded with a proposed schedule to bring the site into compliance and subsequent negotiations with DEP resulted in today's Order. If Yoree complies with all the terms of the Order, $3,500 of penalty will be suspended.


Date: 4/16/04
municipality: ['Otis']
Text:
  DEP entered into a Consent Order with Terranova's Market Inc. of Otis. The company will comply with deadlines for submittal of reports on the cleanup of contamination in connection with a gasoline release that was identified during the removal of underground storage tanks at 14 South Main Street. Initially, the corporation claimed financial inability to complete response actions. Due to the location of the release (a residential area with two interim wellhead protection areas and downgradient private wells) the DEP then stepped in and completed Immediate Response Actions, including the removal of gasoline-contaminated soil in the source area and the sampling of private and public wells. The Consent Order now includes stipulated penalties of $1,000 per day if the corporation fails to comply with deadlines for completion of the response actions.4/16/04


Date: 4/16/04
municipality: ['Somerville']
Text:
  DEP entered into a Consent Order for Waste Site Cleanup violations at Nissenbaum's Auto Parts, 480 Columbia Street in Somerville. This site, an Urban Nonresponder site, was impacted by a release of fuel oil from a UST in November 2001. The violator failed to submit a report for the site within one year as required. DEP issued a Notice of Noncompliance in January 2003, but the owner did not respond. In January 2004, DEP issued a Notice of Response Action. The owner then responded with a proposed cleanup schedule, which is now incorporated into today's Order.4/15/04


Date: 4/14/04
municipality: ['Attleboro']
Text:
  DEP issued a $36,000 Penalty Assessment Notice to John Geary, general contractor for the owner of the property at 90 Maple Street in Attleboro. Geary failed to provide DEP with advanced notification of the commencement of demolition/renovation activities involving Asbestos Containing Material (ACM). Geary allowed ACM to be removed from the site in an improper fashion resulting in the release of ACM debris within the workspace and failed to properly clean-up and dispose of ACM debris from the site. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals andwill not be final until that administrative appeal is completed.4/14/04


Date: 4/14/04
municipality: ['Taunton']
Text:
  DEP issued a Unilateral Administrative Order to Recycle Away Group Services, Inc., located at 720 West Water Street, Taunton. DEP also issued a Penalty Assessment Notice of $30,500. The Order & Penalty were issued to the company for failing to properly grade and shape the site, stockpiling excessive amounts of some compost materials and creating public nuisance conditions.


Date: 4/14/04
municipality: []
Text:
  DEP entered into a Consent Order with Danvers Water Division, the municipal water supply system due to exceedences of total trihalomethanes. The Division agrees to take corrective action to bring the facility back into compliance. 4/21/04


Date: 4/13/04
municipality: ['Millbury']
Text:
  DEP executed a Consent Order with $85,000 Penalty involving the Upper Blackstone Water Pollution Abatement District located in Millbury. The District was cited for violations on 5/5/03 and 10/2/03 during which the District discharged pollutants to the Blackstone River in exceedence of its permit. The Order requires the District to provide full back-up power capability to its Millbury facility within six hours of any power failure. The District also will upgrade its screening process for accepting shipments of industrial wastewater, and shall implement a notification procedure for alerting officials of any future unpermitted discharges. The Order does allow for a portion of the $85,000 Penalty to be conducted as a Supplemental Environmental Project.4/13/04


Date: 4/13/04
municipality: ['Amherst', 'Springfield', 'West Brookfield']
Text:
  DEP executed a Consent Order with a $29,500 Penalty regarding Handford General Contractors, and Handford Oil & Asphalt Co., of Springfield. The Order addresses these companies noncompliance with state regulations governing air quality and hazardous waste. The Air Quality violations were discovered during a construction project at the University of Massachusetts in Amherst. DEP determined Handford General Contractors was involved in the removal of steam pipes that contained asbestos. The Hazardous Waste violations were discovered during a DEP inspection of Handford Oil and Asphalt Company's facility on 7/18/03. As part of the settlement agreement, the DEP has agreed to suspend a penalty of $29,500 and the companies have agreed to conduct a Supplemental Environmental Project (SEP). Under this SEP, a new dormitory building for summer campers will be constructed at Camp Atwater in West Brookfield, which is run by the Urban League of Springfield. One of the Camp's eight basic developmental goals is environmental awareness and appreciation. The proposed building will be used in Camp programs as a meeting space for youth and an environmental instructor. Additionally, Handford will donate recycling containers for the Camp and will initiate a program that fosters recycling and environmental education at the Camp.


Date: 4/12/04
municipality: ['Scituate']
Text:
  DEP entered into a Consent Order with an $11,500 Penalty involving South River Yacht Yard, Inc. of Scituate. The Company failed to comply with a Notice of Noncompliance that was previously issued by DEP to correct violations relative to the failure to meet deadlines for site assessment work at a contaminated site. The site is currently a marina located at 21 Central Avenue in Scituate. The company did not meet Response Action Outcome performance standards, failed to conduct public involvement activities and failed to comply with an Interim Deadline set by the Department to address these items. An additional $18,500 Penalty is suspended if terms of the Order are met, including additional assessment and proper closure.


Date: 4/12/04
municipality: ['Holyoke', 'South Hadley']
Text:
  DEP entered into a Consent Order with Holyoke Dam - HG&E, of Holyoke and South Hadley. This Order will be filed with a separate Settlement Agreement that is currently before the Federal Energy Regulatory Commission (FERC). That Settlement Agreement changes prioritization at the dam so that the protection of state water quality standards for supporting existing aquatic wildlife habitat will precede power generation. The Order was executed following lengthy negotiations involving DEP, HG&E and various stakeholders. The Order synchronizes FERC and DEP approvals with respect to common tasks, and dates.


Date: 4/12/04
municipality: ['Westport']
Text:
  DEP issued a Unilateral Administrative Order to Alejancro Lorenzana, owner of 33 Jordan's Way of Westport. The Order requires restoration of approximately 2,250 square feet of Bordering Vegetated Wetlands. DEP had been working on a Consent Order with the former owners of this site. That Order would have incorporated restoration, a conservation restriction on the remaining wetlands and a Penalty. During negotiations, the property changed hands and the previous owners moved out of state. The new owners were asked to sign the Consent Order that would have required restoration only. A lack of response from the new owners prompted DEP to issue the Unilateral Order.


Date: 4/12/04
municipality: []
Text:
  DEP and Holyoke Water Power Company (HWP) entered into a Consent Order governing response actions to address coal-tar contamination in the Connecticut River. HPW agreed to a payment of $200,028.82 to DEP for staff oversight costs dating back to 1995. The contamination in the river resulted from the operations of the former Holyoke Gas Works, which Holyoke Water Power owned and operated from 1859 to 1902. The Gas Works manufactured combustible gas from coal, coke and petroleum, and is the source of oil and hazardous material and hazardous substance releases to the river. DEP identified the Connecticut River site in 1990. In 2002 and 2003, HWP began removing patches of coal tar from the river under authorization from the DEP.


Date: 4/6/04
municipality: ['Merrimac']
Text:
  DEP entered into a Consent Order with 84 Birchmeadow Realty Trust & Janice Cuddy of Merrimac. The Order requires the Realty Trust and Cuddy, (the current and former owners, respectively) to replicate in calendar year 2004, the 1.10 acres of wetland resource area (freshwater wetland and bordering vegetated wetland) that was altered without proper notice in the construction of a residential dwelling, barn, stables, stalls, shed and outdoor riding area on this property.


Date: 4/5/04
municipality: ['Williamsburg']
Text:
  DEP issued a $750 Penalty Assessment Notice to BGL Corp. of Agawam, a demolition contractor, for notification violations relative to a commercial building demolition in Williamsburg in January 2004.4/5/04


Date: 4/2/04
municipality: ['Hancock', 'Worcester']
Text:
  DEP entered into a Consent Order with a $6,000 Penalty regarding Winfield S. Hancock & Co. Inc., a licensed asbestos contractor in Worcester. The Company failed to comply with asbestos regulations as observed by DEP during a January 2004 inspection. DEP staff observed that the company's containment at a work site in an occupied Worcester residence was not adequately sealed in order to prevent the potential migration of asbestos fibers and asbestos containing materials out of the removal area.4/1/04


Date: 4/1/04
municipality: ['Brimfield']
Text:
  DEP issued a Notice of Noncompliance to the Brimfield Highway Department relative to Little Alum Pond in Brimfield. On 3/18/04, DEP was informed that a person had removed the stop logs at the outflow control structure resulting in an immediate draining of pond water. As a result of an inspection, DEP issued the NON, which requires a Notice of Intent to be filed for the work by 4/30/04.


Date: 3/31/04
municipality: ['Peabody']
Text:
  DEP entered into a Consent Order with a $40,000 Penalty regarding, Peabody Municipal Light (PML) of Peabody for numerous hazardous waste violations, including improper transportation and storage of PCBs from old transformers. In addition to the Penalty, the Order requires PML to expend $25,000 to fund two household hazardous waste collection days for Peabody residents, one in each year '04, '05. PML will also expend $35,000 to implement an Environmental Management Systems, i.e. education/training of its staff on compliance issues.


Date: 3/30/04
municipality: ['Hamilton', 'Lynn', 'Topsfield', 'Wilmington']
Text:
  DEP issued Notices of Noncompliance to five municipal water systems in the Ipswich River Watershed. Violations in the annual reports submitted by Lynn, Salem-Beverly, Hamilton, Topsfield and Wilmington include exceedences of daily pumping rates to failure to complete water conservation measures.


Date: 3/29/04
municipality: ['Leominster']
Text:
  DEP executed a Consent Order with a $3,200 Penalty regarding Mohawk/ CDT, a wire and cable manufacturer, located in Leominster. An inspection at the facility revealed Air Quality reporting and Hazardous Waste Management violations. In addition to correcting their registered HW status and promptly disposing of hazardous waste, the Company agreed to restrict their hazardous air pollutants with a facility wide emission cap.3/29/04


Date: 3/29/04
municipality: ['Leominster']
Text:
  DEP entered into a Consent Order with a $3,600 Penalty regarding Holiday Housewares, Inc. of Leominster for violations of Air Pollution Control, Hazardous Waste, and Industrial Wastewater Regulations. The Company failed to notify the Department of it waste oil generation activity; failed to have an approval for industrial waste water discharged to the Leominster sewer system; failed to follow proper waste oil management requirements; and, failed to keep a container of mineral spirits closed. The Order requires compliance with all applicable regulations.


Date: 3/29/04
municipality: ['Gill']
Text:
  DEP issued a Unilateral Administrative Order and a $300 Penalty Assessment Notice to Allan's Bar B Que located in Gill. Both the Order and Notice were issued for failure to comply with sampling and reporting requirements regarding total coliform bacteria at this public water system.


Date: 3/26/04
municipality: ['Fitchburg']
Text:
  DEP entered into a Consent Order and $25,000 Penalty with the City of Fitchburg for Air Quality violations at the East Fitchburg Waste Water Treatment Plant. Operators at the municipally-operated plant were allowing more sewage sludge into the incinerator than was approved under its air pollution control permit. Overloading the incinerator, which occurred during 2003, can lead to increased emissions (stack opacity readings did exceed allowable limits on several days) and premature failure of the facility's equipment.


Date: 3/26/04
municipality: ['Groveland']
Text:
  DEP entered into a Consent Order with $5,000 Penalty regarding the town of Groveland and its construction of a pump station without approval. Groveland had initiated construction of this booster pump station in order to create a high-pressure zone that would provide water and fire protection to a new elderly housing development. In addition to the failure to obtain permits, the pump station, did not have the necessary backup in the event of a power failure. The DEP agrees to suspend $2,500 of the Penalty if Groveland complies with all the terms of the Order.


Date: 3/26/04
municipality: []
Text:
  DEP executed a Consent Order and $1,500 Penalty with AllState Power Vac., a Northboro-based hazardous waste transporter and cleanup contractor. AllState failed to complete response actions for a hydraulic oil spill in Greenfield that occurred on 9/4/03. AllState completed cleanup of the release on that day, but failed to submit a Release Notification Form and documentation, and later failed to respond to a DEP Notice of Noncompliance. AllState has agreed to submit the required cleanup documentation.


Date: 3/26/04
municipality: ['Cheshire']
Text:
  DEP executed a Consent Order and $2,500 Penalty with Piekos Family Trust of Cheshire regarding the site preparation and construction of a storage building within the Riverfront Area of Dry Brook near Sand Mill Road. In addition to the Penalty, the Order requires the restoration of 11,983 ft' of Riverfront Area and the development of a conservation restriction for 1.8 acres.


Date: 3/26/04
municipality: ['Granby']
Text:
  DEP executed a Consent Order with Raymond MacKenzie of Granby for failing to submit a Phase III Report or Phase IV Plan, as required in a Notice of Noncompliance (NON) issued by DEP on 7/17/03. The NON had been issued for failure to submit phase reports in relation to a gasoline UST release in 1998. In response to the NON, MacKenzie initially submitted a Phase II Report and RAM Completion Report that documented response actions at the site, including the installation and sampling of additional monitoring wells and removal of contaminated soil. However, since then, no further reports have been submitted.3/25/04


Date: 3/25/04
municipality: ['Hingham', 'New Bedford']
Text:
  DEP issued a Unilateral Administrative Order to 19 Hathaway Road Trust of Hingham regarding 19 Hathaway Road/459 Mount Pleasant Street in New Bedford. The Order was issued to for failing to conduct response actions relative to the cleanup of at the New Bedford site in a timely manner as stated in DEP's Notice of Noncompliance (NON) issued on 8/28/01.


Date: 3/25/04
municipality: ['Lawrence']
Text:
  DEP issued a $12,000 Penalty Assessment Notice to D&D Enterprises. The contractor was issued the PAN or improper handling of remediation waste generated during a construction project at Pemberton Park in Lawrence. The violator removed 600 tons of contaminated soil, containing high levels of cadmium, and sent it to a New Hampshire recycling facility. The removal was inconsistent with the soil management plan developed. DEP's enforcement conference with the violator resulted in the violator denying responsibility for the noncompliance. D&D has not responded to a subsequent Request for Information issued by DEP.


Date: 3/24/04
municipality: ['Rutland']
Text:
  DEP executed a Consent Order and 1,000 Penalty with Michael Caruso of Rutland for work beyond the scope of his Order on his private driveway. The Consent Order required restoration of the wetland alterations that were not approved.3/23/04


Date: 3/23/04
municipality: ['Hanover']
Text:
  DEP entered into a Consent Order and $1,500 Penalty with John R. Schnyer of Hanover. Previously, DEP issued a Notice of Noncompliance (NON) to Schnyer to correct violations uncovered during a DEP Audit regarding the cleanup of an oil release at 313 King Street, a residential property. A revised report relative to the cleanup has been submitted for the site.


Date: 3/19/04
municipality: []
Text:
  DEP executed an Administrative Consent Order with a $2,750 penalty with Advanced Auto Parts, Inc. of Roanoke, VA for failure to adhere to Activity and Use Limitations (AUL) at its location in West Springfield. The AUL required that pavement remain in good condition to prevent access to contaminated soil underneath. A DEP inspection during 10/03 revealed pavement had not been properly maintained, allowing soil to be exposed near one of the drainage structures. The pavement is being repaired by AAP as part of the agreement. In addition, the company has initiated the process of hiring a staff person to oversee environmental compliance for the firm, which has over 2,500 locations nationwide and 23 locations in Massachusetts.3/18/04


Date: 3/18/04
municipality: ['Acton']
Text:
  DEP executed a Consent Order with KMLB Realty Trust of Acton to resolve alleged violations pertaining to failure to meet obligations of an Activity and Use Limitation recorded for the site. Missed obligations include re-seeding an engineered barrier and re-surveying the site following modifications. KMLB Realty Trust has agreed to submit a revised Phase IV report and design a groundwater-monitoring plan to ensure that the engineered barrier is functioning properly.3/18/04


Date: 3/17/04
municipality: ['Sterling']
Text:
  DEP executed an Administrative Consent Order and $500 Penalty with SBT Holdings, LLC of Sterling, for failure to prevent erosion and sediment from discharging to a brook that feeds Wyman Pond. The Order requires SBT to divert run-off from this work site to prevent further erosion incidents.3/17/04


Date: 3/16/04
municipality: ['Templeton']
Text:
  DEP and the Valspar Corporation entered into an Administrative Consent Order with a $260,375 Penalty, but a portion of the penalty will be suspended provided the Company performs required actions. MCP response actions in compliance with the agreed upon schedule and performs a Supplemental Environmental Project with the Town of Templeton for Zone II delineation of a municipal wellfield. Vaslpar was penalized for failing to meet MCP cleanup deadlines; failing to address potential impacts to a wetland; and, failing to upgrade permit category.3/15/04


Date: 3/15/04
municipality: []
Text:
  DEP issued a $7,500 Standardized Penalty Assessment Notice to Gregory Associates Trust the owner of a commercial property in Dorchester at 1100 Washington Street. The violator failed to submit required Immediate Response Action status reports and failed to Tier Classify the site within 1 year of release notification. The source of the release is an UST. DEP also issued a Unilateral Order to the violator, requiring Tier Classification of the site within 6 months.3/12/04


Date: 3/12/04
municipality: ['Worcester']
Text:
  DEP executed an Administrative Consent Order and $7,600 Penalty with Minit Car Wash, Inc. in Worcester for dumping debris from the grit chamber on the banks of Beaver Brook. The Order requires Minit Car Wash to remove the grit fill to a special waste landfill and restore all the vegetation on the banks of Beaver Brook.


Date: 3/12/04
municipality: ['Westhampton']
Text:
  DEP entered into a Consent Order with a $6,000 Penalty regarding Hampshire Regional High School, a Public Water System in Westhampton for violations. The school must submit as-built plans for its water storage tank, complete actions relative to holding-tank requirements and discontinue a sump pump discharge to the on-site septic system. DEP agrees to suspend $5,000 of the Penalty if all terms of the Order are met.


Date: 3/12/04
municipality: []
Text:
  DEP entered a Consent Order with a $5,000 Penalty regarding High Point Shopping Center Realty Trust, a property management company that owns a commercial strip mall in Roslindale. The Trust had submitted a deficient Response Action Outcome Statement for the property in 1996, and failed to submit supplemental information required by DEP in an audit Notice of Noncompliance in 2002. The Trust then submitted the required information in January 2004 after receiving a Notice of Enforcement Conference. In addition to the Penalty, the Trust agrees to comply with all cleanup regulations.


Date: 3/12/04
municipality: ['New Bedford']
Text:
  DEP entered into a Consent Order with Franklin Building & Development Corporation of New Bedford. The Order was issued for failure to submit documentation in support of the clean up of the former Stanley Oil property at 480 Mount Pleasant Street in New Bedford as required in the regulations. The Corporation is required to conduct additional response actions at the site in order to come into compliance.


Date: 3/11/04
municipality: ['Alford']
Text:
  DEP concluded a Consent Order with the Town of Alford and DPW regarding the required closure of Class V injection wells (floor drains at the facility). The floor drain discharge point was discovered during a DEP field inspection.


Date: 3/11/04
municipality: ['Pittsfield']
Text:
  DEP issued a $67,000 Penalty Assessment Notice (PAN) to William J. Hinckley, the owner of property off Lebanon Avenue in Pittsfield. The PAN was issued for the disposal of demolition debris on both his and his neighbor's property. Previously - during the fall of 2003 - a PAN for $12,500 was issued to Hinckley for the same violations; at that time, DEP also issued an Order requiring evaluation of the extent to which waste had been buried at the site, and the clean up of the site. To date, Hinckley has neither responded to the PAN, nor has he complied with the Order. This enforcement action by DEP has beenappealed to the Department's Office of Administrative Appeals andwill not be final until that administrative appeal is completed.3/11/04


Date: 3/9/04
municipality: ['Westford', 'Worcester']
Text:
  DEP executed a Consent Order with a $14,500 Penalty regarding Elpacko, Inc. of Westford for Hazardous Waste violations at its Worcester facility. Information provided to the DEP by Worcester Fire Department led to the discovery of seventy-five (75) drums of waste mineral spirits. The company had gone out of business at the Worcester location in 2003 and failed to properly dispose of the drums. The Order requires proper disposal/recycling of the waste (which has since been done). Based upon a review of information provided by the company in support of a claim of financial hardship, DEP agreed to suspend $13,000 of the Penalty.


Date: 3/9/04
municipality: ['Hudson']
Text:
  DEP executed a Consent Order with a $5,000 Penalty regarding Hudson Lock, LLC of Hudson due to Hazardous Waste (HW) violations. The company, which manufactures locks and keys had failed to properly notify the Department of their generator status and inadequate management standards at HW accumulation areas. In addition to the penalty, the company will pay $1,500 in back HW compliance fees. .3/9/04


Date: 3/9/04
municipality: ['Raynham']
Text:
  DEP issued a Unilateral Administrative Order with a $7,000 Penalty to Central Oil Company of 728 Broadway in Raynham for failure to conduct cleanup response actions as required in a 8/7/03 Notice of Noncompliance issued by the Department. In addition to paying the penalty, the company is required to conduct appropriate cleanup response actions with concomitant submittal of documentation.


Date: 3/8/04
municipality: ['New Bedford']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding Frades Disposal, Inc., a solid waste hauler and recycler. The violations consisted of the placement of a compost pile within a Bordering Vegetated Wetland (BVW) in New Bedford without approval from the local Conservation Commission or DEP. Frades also failed to store recyclables and solid waste in covered containers; commingled solid waste with chipped organic material; and, caused a nuisance condition by the lack of good solid waste management practices. The order requires Frades to comply with all applicable solid waste regulations and to restore the BVW to its original condition.


Date: 3/8/04
municipality: []
Text:
  DEP concluded a Consent Order that requires the Becket Department of Public Works and the Becket Conservation Commission to develop and adhere to a Memorandum Of Understanding (MOU) regarding future emergency work. The Order arises out of a failure to properly issue an emergency certification relative to the attempt to install a leveling device in a beaver dam that resulted in a breach of the Dam and a significant release of water impacting the Massachusetts Turnpike. The Order assesses an administrative penalty of $15,000, but suspends $12,000 contingent on compliance with the MOU and the Wetlands Protection Act for 5 years3/5/04


Date: 3/5/04
municipality: ['Sturbridge']
Text:
  DEP concluded an amendment to a Consent Order with Berkshire Country Day School, a Public Water System located in Sturbridge. The amendment concerns the installation of a required protected source. The PWS is now on schedule to comply after paying stipulated penalties for previous noncompliance.3/5/04


Date: 3/2/04
municipality: ['Plympton']
Text:
  DEP entered into a Consent Order with a $16,000 Penalty regarding R&M Realty Trust for violations of the Wetlands Protection Act. R&M owns land in Plympton on which several cranberry bogs are located. DEP conducted a site visit and reviewed historical aerial photographs of property off Brook Street and Upland Road, determining that a portion of an existing cranberry bog was located in an area formerly containing Bordering Vegetated Wetland (BVW). R&M failed to file a Notice of Intent and obtain an Order of Conditions for this activity. The Order requires restoration of two acres of altered wetland. The Order also contains a Supplemental Environmental Program (SEP) requiring the creation of approximately one acre of additional wetland above and beyond the area to be restored. The additional acre of wetlands to be created is valued at $12,000. R&M will pay $4,000 of the remaining Penalty to the Commonwealth.3/1/04


Date: 2/27/04
municipality: ['Brockton']
Text:
  DEP executed a Consent Order with the City of Brockton that includes a Supplemental Environmental Project (SEP) in lieu of a monetary penalty. The Order addresses two separate incidents of environmental violations. First, the City's Department of Public Works (DPW) clear-cut an area of 20,000 square feet of trees along the edge of Cross Pond & Ellis Brook Pond without an Order of Conditions (a wetland's violation). Secondly, the DPW also discharged diatomaceous earth from the City's pool directly into Trout Brook (a water pollution violation). The Order requires Brockton to cease such activities and to implement the SEP, which will consist of developing a matrix for DPW and other City Departments. The matrix will describe all applicable environmental compliance requirements, and its use will be institutionalized.2/27/04


Date: 2/26/04
municipality: []
Text:
  DEP entered into a Consent Order with a $4,500 Penalty regarding Fathers and Sons Inc., of West Springfield for Air Quality and Hazardous Waste violations. The company, which owns and operates three auto dealerships and a collision repair centers in the area, has also agreed to develop and implement Environmental Management Systems (EMS) at its facilities to ensure future compliance with all environmental laws.2/26/04


Date: 2/26/04
municipality: ['Framingham']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty regarding National Lancers, a ceremonial cavalry troop of the Massachusetts Militia. DEP Wetlands Staff noted during an inspection on 5/27/03 that the alteration of 7,500 square feet of Bordering Vegetated Wetlands had taken place at the group's training and stable facility in Framingham. No valid Order of Conditions existed allowing the work. National Lancers agrees to remove the fill and restore the wetlands. If all terms of the Order are met, DEP agrees to suspend the Penalty.2/24/04


Date: 2/24/04
municipality: ['Colrain']
Text:
  DEP entered into a Consent Order with a $500 Penalty regarding S&S Automotive of Colrain for Hazardous Waste violations. In addition to the Penalty, the Order requires the facility to come into compliance.


Date: 2/23/04
municipality: ['Wrentham']
Text:
  DEP finalized a Consent Order with a $2,000 Penalty regarding Capstan Atlantic of Wrentham to settle complaints that the company failed to file their 2002 TURA reports by the July 1, 2003, deadline. The company agreed to file their overdue report by March 12, 2004.2/20/04


Date: 2/20/04
municipality: ['Hopkinton']
Text:
  DEP concluded a Consent Order with a $2,500 Penalty regarding Afra Realty Trust to address Title 5 (Septic System) violations in Hopkinton. The violations were discovered through DEP's review of a permit application for a 14-lot residential subdivision known as Equus Hill Estates in Hopkinton. A review of the permit revealed the Trust had commenced with construction and sale of house units prior to receiving Department approval of the nitrogen aggregation plan. In addition to the Penalty, the Order requires the Trust to obtain the nitrogen aggregation permit from the Department prior to further sale of undeveloped properties.


Date: 2/20/04
municipality: ['Taunton']
Text:
  DEP finalized a Consent Order with a $1,500 Penalty regarding Dyecraftsmen Inc. of Taunton. The Order stems from the company's failure to file their Toxics Use Reduction Act Report for 2002 by the July 1, 2003 deadline. The company also agreed to file its overdue report by March 12, 2004.2/20/04


Date: 2/20/04
municipality: ['Cheshire', 'Pittsfield']
Text:
  DEP entered into a Consent Order with a $2,000 Penalty regarding Sav-Mor Oil, Inc. of Pittsfield. Sav-Mor, a home heating oil delivery company failed to notify the DEP of a spill greater than 10 gallons of fuel oil that occurred at a residential property in Cheshire on or about 4/9/03. The homeowner notified the DEP of the release on 6/19/03 after becoming frustrated with the pace of the cleanup. Sav-Mor has since retained a cleanup contractor and Licensed Site Professional who completed the necessary response actions, including removal of impacted building materials and excavation of 25 cubic yards of fuel oil contaminated soil. In addition to the Penalty, Sav-More will develop a spill response plan and re-train employees on responding to releases of oil and other emergencies.2/20/04


Date: 2/19/04
municipality: ['Westminster']
Text:
  DEP concluded a Consent Order with a $5,000 Penalty regarding Alan Wright, a Title 5 (Septic System) Inspector. The Order addresses violations discovered as a result of DEP's investigation of a Title 5 Inspection conducted by Wright. DEP received a citizen complaint regarding the inspection, which involved a private residence in Westminster. DEP determined the inspector failed to properly evaluate the condition of the sewage disposal system. The Order includes a 12-month suspension of the inspector from performing Title 5 inspections.


Date: 2/19/04
municipality: ['Northbridge']
Text:
  DEP executed a Consent Order with a $13,000 Penalty regarding Polyfoam Corporation in Northbridge. The facility was cited for the failure to obtain an Air Quality permit prior to the installation and operation of equipment. The company produces expanded polystyrene for the packaging and construction industries and the equipment installed generates--or has the potential to generate-sufficient emissions that require a permit. The company will pay $3,250 of the Penalty, and will perform a Supplemental Environmental Project (SEP). DEP will suspend the remaining $9,750 of the penalty provided Polyfoam fund a project under the Blackstone River Watershed Association. That project will monitor and evaluate the water quality in the vicinity of this facility on the Blackstone River and its watershed areas.


Date: 2/17/04
municipality: ['Townsend']
Text:
  DEP executed a Consent Order with a $2,500 Penalty regarding Sterilite Corporation in Townsend. Sterilite improperly closed a wastewater leaching system in violation of Underground Injection Control (UIC) regulations. Also, a DEP audit found that Sterilite failed to meet requirements under the Massachusetts Contingency Plan (MCP), the regulations that cover the cleanup of oil or hazardous waste contamination. In addition to the Penalty, Sterilite will undertake response actions to properly close the leaching system in accordance with both UIC and MCP requirements.2/13/04


Date: 2/13/04
municipality: []
Text:
  DEP entered into a Consent Order with a $22,500 Penalty along with a Notice of Noncompliance and a $5,000 Civil Administrative Penalty regarding TMC Services and the improper asbestos removal conducted at the Lexington East Fire Station. DEP Staff observed the violations on March 25, 2003. The $22,500 Penalty will be suspended provided TMC perform a Supplemental Environmental Project (SEP) that will involve the removal and proper disposal of asbestos tiles at a wing of Lowell High School. In addition, if all terms of the Order are met, DEP agrees to suspend the $5,000 Civil Administrative Penalty.


Date: 2/13/04
municipality: ['Lexington']
Text:
  DEP entered into a consent order with Modern Continental regarding Wetlands violations at the project to widen Route 3 South along a 21-mile section from Lexington to the NH border. Continental will remove sediment and restore impacted wetlands areas. In addition, Continental will adopt measures designed to prevent a recurrence.2/13/04


Date: 2/13/04
municipality: ['Lancaster', 'Monroe']
Text:
  DEP executed a Consent Order with a $5,000 Penalty regarding James Monroe Wire & Cable Corp. of Lancaster. The company violated hazardous waste regulations by acting out of status and failing to distribute manifests as required. The facility also failed to obtain an Air Quality (AQ) permit for Hazardous Air Pollutant emissions. The facility agreed to come into compliance, apply for an AQ permit that would restrict the facility's air emissions and remit its past compliance fees of $1,725. In addition, Monroe will hire a consultant to train employees regarding compliance issues.


Date: 2/13/04
municipality: ['Pittsfield']
Text:
  DEP issued a Demand for Payment of $6,500 in Suspended Penalties to Laurin's Service Station in Pittsfield. Laurin's did not comply with the terms of a previous Consent Order from 11/30/00. That Order included a Penalty of $7,000 that was suspended on the condition that Laurin's submit either a Phase III Plan or Response Action Outcome in connection with the cleanup of a contaminated site. The Department had previously issued a demand for $500 of the suspended penalty.


Date: 2/12/04
municipality: ['West Bridgewater']
Text:
  DEP entered into a Consent Order with a $9,375 Penalty regarding West Bridgewater Associates II, LP of West Bridgewater. The Order addresses the company's failure to comply with the terms and conditions of an Activity and Use Limitation (AUL) regarding 860 North Main Street in West Bridgewater. The site, a former Citgo Service Station, was not maintained in accordance with the previously-submitted AUL. As a result, the company is required to conduct additional response actions at the site in order to come into compliance.


Date: 2/12/04
municipality: ['Hanson']
Text:
  An Administrative Consent Order was issued to William Dunstan of 81 Hill Street in Hanson for the un-permitted dumping of approximately 1.5 acre feet of solid waste material at the site. The majority of the material came from a house that burned down five years ago. Some of the material-which included automobile parts, tires, concrete and various metal parts-had been pushed or otherwise fell onto an adjacent property. The Order requires Dunstan to remove and properly dispose of all this solid waste at an approved waste facility.


Date: 2/12/04
municipality: []
Text:
  DEP concluded an amendment to a Consent Order with the Chester Water Department. This Public Water Supplier has already improved its chlorination procedures in recent months, but the Order and amendment address compliance by requiring immediate and repeated public notice of the health concerns regarding the high levels of total trihalomethanes (a disinfection byproduct) recorded in a year's worth of monitoring and quarterly sampling. The Order also includes a timetable for plans (including an implementation schedule) for bringing the system into compliance.


Date: 2/11/04
municipality: []
Text:
  DEP concluded a Consent Order with the Monson Water Department to address water quantity concerns identified in a Sanitary Survey of the system. The Water Department undertook studies to consider alternative means to ensure adequate peak summertime service. Implementation of the consent order will result in the replacement of wells at two sites.2/11/04


Date: 2/10/04
municipality: ['Boston']
Text:
  DEP finalized a Consent Order with a $750 Penalty regarding Spectrowax, located at 70 Hitchborn Street in Boston. Spectrowax had failed to file its 2002 Toxics Use Reduction Act report on time. In addition, the company, which makes industrial cleaners, agreed to pay current fees of $3,850 and an additional $3,850 in late fees penalties.


Date: 2/10/04
municipality: ['Worcester']
Text:
  DEP Commissioner issued a Final Decision regarding Red Oak Realty LLC of Worcester in connection with violations of Air Pollution Control (Asbestos) regulations. After attempts to come to a negotiated settlement with Red Oak on these violations failed, the DEP sent a $39,375 Penalty Assessment Notice to the company on 9/19/03, which they appealed. Today's Final Decision by the Commissioner assesses the full Penalty but suspends $34,375 of that based on the application of the Department's Small Business Policy. In addition, Red Oak is required to perform a NESHAP (National Emission Standards for Hazardous Air Pollutants) asbestos survey of their site.2/10/04


Date: 2/10/04
municipality: ['Chicopee']
Text:
  DEP entered into a Consent Order with a $2,275 Penalty regarding U-Haul of Western Massachusetts and Vermont for violations of Hazardous Waste regulations. The violations were discovered during a DEP inspection of the company's truck rental facility in Chicopee on 3/19/03. In addition to the Penalty, the Company has agreed to correct the violations and remain in compliance with the terms and conditions of the Order.


Date: 2/10/04
municipality: []
Text:
  DEP issued a $1,000 Penalty Assessment Notice (PAN) to Clean Harbors Environmental Services, Inc. for the improper discharge of wet-well sediment (grit, sludge and other waste materials) from a stormwater pump station onto the embankment of the Connecticut River in West Springfield. On this same date, a Notice Of Noncompliance was issued to the Massachusetts Highway Department for not implementing best management practices relative to the management of wet well sediment at this location. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.2/6/04


Date: 2/6/04
municipality: ['East Longmeadow']
Text:
  DEP executed an Administrative Consent Order with a $2,500 Penalty regarding Gene Wiezbicki, the owner and operator of the Bluebird Acres, a farm and store on Parker Street in East Longmeadow. Mr. Wiezbicki failed to perform response actions to address a release of gasoline from an underground storage tank that had been reported to DEP in November, 2002. In addition to the Penalty, Wiezbicki agreed to retain a Licensed Site Professional in order to assess the gasoline release and submit required response action documentation within accelerated deadlines. Mr. Wiezbicki also agreed to arrange for the proper closure of a composting facility that is no longer operated at the site.2/6/04


Date: 2/4/04
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with a $1,500 Penalty regarding SB Gas & Convenience, Inc. of Springfield. The Order addresses Stage II Vapor Recovery violations at this gasoline service station identified in January of 2003, and a follow-up inspection in April 2003. The company agrees to comply with, and remain in compliance with the Stage II requirements.


Date: 2/3/04
municipality: ['Amherst', 'Orange', 'Springfield']
Text:
  DEP entered into a Consent Order with $24,750 Penalty regarding Fontaine Brothers, Inc., of Springfield. The Order addresses violations of the asbestos regulations at the New Engineering & Computer Science Lab at UMass/Amherst and at the Mahar Regional School in Orange. Fontaine Brothers was the general contractor for both job sites.


Date: 2/3/04
municipality: ['Fitchburg', 'Leominster']
Text:
  DEP entered into a Consent Order with the City of Fitchburg to correct the discharge of pollutants containing elevated levels of fecal coliform bacteria to Shea Brook, a tributary to Notown Reservoir in Leominster. Acting on a citizen complaint (in Aug.'03), DEP and the City commenced investigations to determine and eliminate these source(s) of pollution. To date the City has repaired several sewer and stormdrains in the area. Under the terms of the Order, the City will continue its investigations until field sampling confirms that the source(s) are located and corrected. The Department assessed and suspended a $2,500 Administrative Penalty pending the City's satisfactory compliance with the Order. There has been no evidence of an adverse impact to Notown Reservoir to date2/2/04


Date: 1/30/04
municipality: []
Text:
  DEP executed a Consent Order with a $56,250 Penalty regarding Polycarbon Industries Inc. of Devens for violations pertaining to asbestos removal. During renovations of its building, Polycarbon failed to notify the Department of a project involving the removal of asbestos and failed to properly seal, label, and wet the asbestos wastes. After a review of information indicating the existence of financial hardship, the Department agrees to suspend $32,250 of the Penalty if the company complies with all terms of the order. The remaining $24,000 penalty will be paid in quarterly installments.1/30/04


Date: 1/29/04
municipality: []
Text:
  DEP executed a consent order with the Town of Southbridge and Wood Recycling, Inc. (WRI) to immediately upgrade operations at the landfill and rectify wetlands and air quality violations. In addition, operations at WRI's wood-processing facility will resume with a commitment to transition to electric power within two years. This consent order, the culmination of over two years of effort by DEP, will be incorporated into a judicial settlement with the Massachusetts Attorney General and WRI. That agreement will include a penalty of $575,000, a $400,000 escrow to fund wetlands restoration and mitigation and a solid waste Supplemental Environmental Program worth $75,000 ($1.125 million total). Casella Waste Systems purchased WRI in November of 2003.1/29/04


Date: 1/27/04
municipality: ['Springfield']
Text:
  DEP executed a Consent Order with a $5,625 Penalty regarding Colvest/State Street LLC, a Springfield real estate developer, for failing to notify DEP of a release of oil. Colvest failed to notify DEP of the release as required given the amount and location of that release. Although not a requirement of the Consent Order, Colvest completed cleanup of the property in an expeditious manner, submitting a Response Action Outcome statement for the release in September 2003. The site is one of several properties linked together as part of an urban redevelopment project.1/27/04


Date: 1/27/04
municipality: ['Burlington']
Text:
  DEP issued a Notice of Noncompliance to Harrington's Automotive of Cambridge Street in Burlington for failure to submit a Tier II Extension and Response Action outcome. This NON is part of an enforcement response against several Potentially Responsible Parties for a co-mingled gasoline plume that is impacting the residential neighborhood of Anna Road in Burlington.1/26/04


Date: 1/26/04
municipality: []
Text:
  DEP issued a Demand Letter to Diamma Rossi, who owns the property located at 378 - 384 Walnut street in Agawam, seeking $1,000 for failure to assess and remediate dry-cleaning solvent contaminated soils and groundwater, as agreed to in an Consent Order with the DEP from 1/28/03. By entering into the Order with the Department, Ms. Rossi agreed to complete response actions by 7/01/03. To date, the environmental cleanup has not been completed.1/26/04


Date: 1/23/04
municipality: ['New Bedford']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding Frades Disposal, Inc. of New Bedford. The Company had been accumulating solid waste without a site assignment and placing fill (compost pile) within a Bordering Vegetated Wetland and Buffer Zone. Frades neither received a valid Order of Conditions nor filed a Notice of Intent for this activity.


Date: 1/23/04
municipality: ['Burlington']
Text:
  DEP issued a Notice of Noncompliance to Exxon/Mobil relative to a cleanup at 118 Cambridge Street in Burlington. The NON was issued due to inadequate Phase IV activities, and failing to submit a Tier II Extension and Response Action Outcome. The gasoline plume contamination extends into the Anna Road residential neighborhood. DEP continues to oversee Exxon/Mobil's Immediate Response Actions. Notable among those measures are


Date: 1/13/04
municipality: ['Lancaster']
Text:
  DEP finalized a Consent Order with a $1,500 Penalty regarding Bestway of New England, in Lancaster. The company did not file a complete 2002 Toxics Use Reduction Act (TURA) report by the July 1, 2003, deadline. In addition to the Penalty, Bestway will pay $10,300 in TURA and late fees, and has until the end of January to submit its overdue TURA report.


Date: 1/12/04
municipality: ['Sturbridge']
Text:
  DEP entered into a Consent Order with a $1,250 Penalty regarding Sturbridge Retirement Cooperative Corporation in Sturbridge establishing a schedule that will bring into compliance the wastewater disposal systems serving this175-site retirement community. The Corporation generates a design wastewater flow of 26,600 gallons per day. At that level, the facility must obtain a groundwater discharge permit, but is currently served by on-site septic systems. The Department discovered this violation in reviewing a recent filing for further expansion of the facility. If the Corporation complies with all terms of the Order, the Department agrees to suspend the Penalty.


Date: 1/23/04
municipality: ['Cheshire']
Text:
  DEP issued a Unilateral Administrative Order and a $14,000 Penalty Assessment Notice to Lakeside Restaurant in Cheshire. As a Public Water System (PWS), the facility expanded and encroached upon the Zone I area around the well and experienced bacteria counts in its monitoring samples. DEP had previously ordered disinfection but the PWS failed to disinfect the system as required and subsequently experienced detections of e-coli (bacteria).1/16/04


Date: 1/16/04
municipality: ['Sheffield']
Text:
  DEP entered into a Consent Order with a $4,000 Penalty regarding Sheffield Produce & Food in Sheffield. In an audit of an August 2002 Closure Statement, DEP determined that an evaluation of soil contamination remaining from a 1991 gasoline release from an Underground Storage Tank had not been completed and contaminated groundwater was present proximal to private water supply wells. The Closure Statement was invalidated and response actions are required until applicable cleanup standards are achieved.


Date: 1/15/04
municipality: ['Adams']
Text:
  DEP issued a $1,000 Demand for Stipulated Penalties to Specialty Minerals, Inc. of Adams for violations which occurred on September 4th, 12th, 17th, and 19th, 2003. On these days, SMI operated its limestone production Kilns No. 3 and No. 4 in violation of operating parameters set forth in a 2003 Consent Order. Pursuant to the Order, SMI was obligated to pay a Stipulated Penalty of $250 for each violation.


Date: 1/13/04
municipality: ['Peabody']
Text:
  DEP entered into a Consent Order with a $1,500 Penalty regarding Alliance Leather of Peabody. In addition to the Penalty, the company agreed to submit overdue Toxics Use Reduction Act forms after failing to send a TURA Report in 2002.


Date: 1/13/04
municipality: ['Ludlow', 'Milford']
Text:
  DEP entered into a Consent Order with an $8,500 Penalty regarding C&A Construction of Ludlow for failure to notify and take immediate response actions. Milford Fire Department notified DEP of a release of an unknown volume of diesel from an unknown source to the roads in downtown Milford that posed a safety hazard to cars and pedestrians. DEP hired a State contractor to clean up the release. DEP and the Fire Department traced the release back to an accidental release at C&A. In addition to the penalty, C&A will assume all contractor costs, close out the case and implement a spill management plan to prevent future accidents.


Date: 1/13/04
municipality: ['Millbury', 'Westborough']
Text:
  DEP entered into a Consent Order with a $750 Penalty regarding Grafton Road Realty Corp. of Westborough for violating Air Pollution Control Regulations. The Company failed to notify the Department of a demolition project that it conducted in Millbury.


Date: 1/13/04
municipality: ['Framingham', 'Holliston']
Text:
  DEP entered into a Consent Order with $33,750 Penalty regarding William J. Query d/b/a Weston Plumbing and Heating of Framingham for violating Air Pollution Control (Asbestos) Regulations. The Company failed to notify the DEP of an asbestos removal project and failed to properly seal, wet and label asbestos-containing waste materials for a project in Holliston. Based on information indicating the existence of financial hardship, DEP agrees to suspend $31,750 if the company complies with all terms of the Order.1/13/04


Date: 1/12/04
municipality: ['Berlin']
Text:
  DEP entered into a Consent Order with a $9,000 Penalty regarding Rhodes Construction, Inc. for construction of a subdivision roadway across a wetland on their project in Berlin. Rhodes needed to obtain a 401 Water Quality Certification from DEP. The Consent Order requires Rhodes Construction to submit a Water Quality Application with Alternatives Analysis in order to demonstrate that final construction will have the least adverse impact on the wetlands.


Date: 1/12/04
municipality: ['Lenox']
Text:
  DEP issued a Demand Letter seeking $2,000 in payment from Berkshire Country Day School in Lenox due to the violation of a previous Consent Order with the DEP. This facility has expanded (including into a Zone I), but has not met the requirements in the Order to obtain a new source that is adequately protected.


Date: 1/9/04
municipality: ['Clinton', 'Millbury']
Text:
  DEP entered into Consent Order with a $750 Penalty regarding D.M. Crossman and Son, Inc. of Clinton for violating Air Pollution Control Regulations. The Company failed to notify the Department of a demolition project that it conducted in Millbury.


Date: 1/7/04
municipality: ['Great Barrington']
Text:
  DEP entered into a Consent Order with American Institute for Economic Research (AIER) in Great Barrington regarding the replacement of its drinking water source from a spring to a well. AIER will conduct additional monitoring of the original source (the spring) until the well is on-line.1/7/04


Date: 1/7/04
municipality: ['Hampden']
Text:
  DEP entered into a Consent Order regarding a Hampden facility, White Birch Garden Apartments, which also serves as a public water system. The Order notes content violations in the facility's Consumer Confidence Report for 2002. The violations have since been corrected and the report re-distributed.


Date: 1/7/04
municipality: ['Deerfield']
Text:
  DEP issued a Unilateral Administrative Order and $1,000 Penalty Assessment Notice to Pereira Construction Company and a Notice of Noncompliance to Mass Highway Department regarding violations at a construction site on Route 5 in Deerfield. DEP inspected the site after receiving a complaint and discovered work was taking place in violation of the Order of Conditions issued earlier by the Deerfield Conservation Commission. The site remained in an unstable condition with poor maintenance of the required erosion and sedimentation controls. In response, DEP issued an NON to the project applicant, Mass Highway, requiring proper erosion and sediment controls by 1/12/04. In addition, DEP issued a Unilateral Order and Penalty to the contractor, Pereira Construction, requiring the same along with regular monitoring of construction. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.1/5/04


Date: 1/5/04
municipality: ['Bellingham']
Text:
  DEP entered into an Administrative Consent Order with a $10,000 Penalty regarding Scandia Kitchens, Inc. of Bellingham for violating Air Pollution Control and Hazardous Waste Regulations. The Company, which operates paint spray booths, failed to obtain an air approval for their operation or failed to meet exemption criteria, which would have negated the need for the approval. In addition to the Penalty, the Order requires compliance with applicable regulations and payment of $975.00 in avoided Hazardous Waste Compliance Assurance Fees.


Date: 12/30/05
municipality: ['Newbury']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Ould Newbury Golf Club in Newbury for Wetlands violations. The Club is a non-profit corporation leasing property for a golf course from the Governor Dummer Academy. Through the Wetland Change Project analysis aerial photographs, MassDEP identified that approximately 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled on the site. The site was altered without any permits. DEP agreed to suspend $2,500 pending compliance including the restoration and replication of a total of 19,767 square feet of BVW in five different areas of the golf course


Date: 12/30/05
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with Martin Service Station of Dartmouth. Martin's had an oil release discovered in January 1999. The owner then conducted a preliminary response action in January of 2000 but subsequently failed to meet other deadlines. In June 2005, MassDEP issued the owner a Notice of Noncompliance. Today Order negotiates deadlines for the cleanup and includes stipulated penalties of $1,000 per day for failing to comply.


Date: 12/30/05
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $7,350 Penalty involving Franklin Analytical Services, located at 191 Bedford Street in New Bedford for Air Quality (Asbestos) violations. The company failed to submit written notification to MassDEP for the removal of asbestos containing floor tiles and for committing three asbestos abatement work practice violations during the removal of thermal system insulation in the basement boiler room of the building. The work practice violations included, failure to ensure adequate wetness, failure to seal the work area and failure to use air-cleaning equipment. The company will pay $3,675 of the Penalty and perform a Supplemental Environmental Project (SEP), also worth $3,675 in lieu of paying the Commonwealth.


Date: 12/30/05
municipality: ['Bellingham']
Text:
  MassDEP issued a $7,690 Penalty Assessment Notice to Vendetti Motors Bus Division of Bellingham for Industrial Wastewater and Hazardous Waste violations. This unilateral action was issued after efforts to reach a negotiated settlement failed. In addition, MassDEP issued a Unilateral Administrative Order, which mandates the actions to be taken to bring the company into compliance.


Date: 12/29/05
municipality: ['Rutland']
Text:
  MassDEP entered into a Consent Order with Aeroclean Demolition Contractors, Inc. of Trumbull, Connecticut for Air Quality (Asbestos) violations at the Commonwealth former Rutland Heights Hospital property in Rutland. The contractor conducted activities beyond the expiration date of its contract.


Date: 12/29/05
municipality: ['Randolph']
Text:
  MassDEP/Environmental Strike Force (ESF) entered into a Consent Order with a $20,000 Penalty involving Helena Gardiner, owner of a site in Randolph to resolve allegations of Solid Waste, Wetlands, and Waste Site Cleanup violations. ESF investigated the site after receiving a complaint from the town of Randolph. MassDEP agreed to suspend $10,000 of the Penalty provided all terms of the Order are met including solid and hazardous waste removal and remediation, along with a comprehensive wetlands delineation.12/29/05


Date: 12/29/05
municipality: ['Foxborough']
Text:
  MassDEP entered into a Consent Order with Foxborough Land Partners, LLC for Waste Site Cleanup violations. The Order addresses past cleanup actions conducted by MassDEP, and the federal EPA at this contaminated site on Cocasset Street in Foxborough. The prospective purchaser is proposing to build a residential development on this 100-acre site. When the sale is finalized the respondent has agreed to complete the cleanup and pay $43,701.44 in past costs.


Date: 12/29/05
municipality: ['Huntington']
Text:
  MassDEP entered into a Consent Order with Huntington Water Department of Huntington, a community public water system supplier regarding the presence of coliform bacteria in its distribution system. The town agreed to bring the system back into compliance.12/28/05


Date: 12/28/05
municipality: ['Erving']
Text:
  MassDEP entered into a Consent Order with a $6,240 Penalty involving the Erving Paper Co. of Erving for Air Quality, Hazardous Waste, and Toxics Use Reduction violations. During a MassDEP inspection on site (3/3/05) and the company submittals, violation were found for burning waste oil with an expired permit, failure to submit air reports, and submission of incomplete Toxic Use Reduction reports. In addition to paying a $4,000 penalty, the company has agreed to correct the violations and to remain in compliance. MassDEP agreed to suspend $2,240 of the Penalty provided all terms of the Order are met.


Date: 12/28/05
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $5,460 Penalty regarding the John Dewey Academy of Great Barrington for Air Quality violations. The Academy conducted a large bonfire, which included some inappropriate material, without an approval of the Fire Department.  MassDEP agreed to suspend $4,460 of the Penalty provided all terms of the Order are met.


Date: 12/28/05
municipality: ['Middleborough']
Text:
  MassDEP entered into a Consent Order with a $2,675 Penalty regarding Debra and Thomas Locke, residents of Middleborough, for Air Quality (Asbestos) violations. The Lockes failed to notify MassDEP in writing at least ten working days before the removal of asbestos containing material (asphalt roofing) and used work practices that were not in compliance with the guidance document that is available to any homeowner and/or contractor.12/28/05


Date: 12/28/05
municipality: ['Ipswich']
Text:
  MassDEP entered into a Consent Order with the Town of Ipswich relative to the release on 11/10/05 release of approximately 113,000 gallons of water with an elevated pH, or alkalinity. On that day, water with a pH level of 12 was pumped into the water distribution system. Some residents notified the town received of a strange taste and slippery feel to the water coming from their tap. Town reported that potassium hydroxide has apparently been siphoned into the water treatment plant clearwell when the plant was not in service during the night, and this potassium hydroxide had caused the elevated pH. Due to potential public health concerns, MassDEP issued a Do Not Use order on 11/10/05, which was lifted on 11/11/0512/27/05


Date: 12/27/05
municipality: []
Text:
  MassDEP issued a $156,600 Penalty Assessment Notice to National Cleaning Asbestos Abatement Co. for numerous Air Quality (Asbestos) violations. The company, which is a Massachusetts licensed asbestos abatement company, was cited for failure to notify of asbestos abatement work at seventeen (17) sites across the state. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 12/27/05
municipality: ['Lowell']
Text:
  MassDEP issued a $35,625 Penalty Assessment Notice to Demis Plumbing of Lowell for Air Quality (Asbestos) violations. The company was cited for improper removal and handling of asbestos-containing material at 261 Stackpole Street in Lowell. MassDEP observed the violations when responding to a complaint.


Date: 12/27/05
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Kristie Wrecking, Inc., of Fall River for Asbestos (Air Quality) violations. The company, located at 191 Bedford Street, failed to notify the MassDEP in writing at least ten working days before conducting demolition of a commercial building that contained friable asbestos material. MassDEP agreed to suspend $1,750 of the Penalty provided all terms of the Order are met.


Date: 12/27/05
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with a $2,880 Penalty for Air Quality violations at Certainteed (d/b/a Bird, Inc.) of Norwood. Responding to a nearby resident odor complaint, an inspection of Bird facility determined the company would need to modify its Restricted Emission Status permit, which they have agreed to do, in addition to the Penalty.


Date: 12/27/05
municipality: ['Fairhaven']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty regarding the Atlas Tack Corporation, located at 83 Pleasant Street in Fairhaven. Atlas is the owner of the site where a hazardous materials release has contaminated the site since 1985. For the past several years the federal U.S. EPA has been conducting response actions to address metals, PCBs and pesticide contamination in soil and groundwater. In September 2002, EPA informed MassDEP that an oil release had also been identified on the property. By August of 2004, MassDEP informed Atlas it had failed to comply with cleanup requirements for the oil spill, and a Notice of Noncompliance was issued. The owners did not comply with the NON, and today Order establishes timelines for the completion of the oil cleanup.


Date: 12/22/05
municipality: ['Lakeville']
Text:
  MassDEP issued a Unilateral Administrative Order to LeBaron Residential LLC of Lakeville for Wetlands violations. LeBaron is a development company constructing residential units. LeBaron was found to be discharging siltation to a Bordering Vegetated Wetland at various locations throughout the site caused by the lack of maintenance of erosion control barriers. Today Order requires LeBaron to immediately cease and desist from the unauthorized activity and to restore and maintain all erosion control barriers at the site in accordance with its permit (i.e. the Order of Conditions).


Date: 12/22/05
municipality: ['Northborough']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Northborough/Southborough Regional School District for Wetlands violations. The District allowed erosion and sedimentation to a stream and wetland system adjacent to the school expansion project. Today Order also requires the removal of sediment from the stream and wetlands and requires all restoration to be complete by 6/2/06. The site has now been stabilized since the initial violation.


Date: 12/22/05
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at One Franey Road in Somerville. The city failed to complete cleanup response actions within the deadlines established on 3/24/05. Previously, MassDEP had issued a Notice of Noncompliance related to the site. Under today Order, new deadlines have been established, and MassDEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.


Date: 12/22/05
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at 220 Washington Street in Somerville. The city failed to complete cleanup response actions within the deadlines established on 3/24/05. Previously, MassDEP had issued a Notice of Noncompliance related to the site. Under today Order, new deadlines have been established, and MassDEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.


Date: 12/22/05
municipality: ['Lynn', 'Revere']
Text:
  MassDEP issued a $304,320 Penalty Assessment Notice and Unilateral Administrative Order to Removal Specialists relative to Hazardous Waste and Air Quality (Asbestos) violations at the company Revere location. An inspection of that location determined that the company, which is a tank removal-and-demolition company based in Lynn, was storing more than 50 bags of asbestos waste that had been illegally removed and stored.


Date: 12/21/05
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order regarding Brimfield Elementary School in Brimfield for Water Supply violations. The Elementary Schools is part of the Tantasqua Regional/School Union 61 School District. MassDEP inspection revealed that the underground injection well located at the Brimfield Elementary School, which operates as a public water system is not in compliance. The School District has agreed to bring the facility into compliance.


Date: 12/20/05
municipality: ['Chicopee', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Jeffrey Gladu of Chicopee for Air Quality (Asbestos) violations. Gladu, a licensed plumber who improperly removed and disposed of asbestos insulation from the basement of a two-family residence in Springfield. Gladu was performing a boiler replacement as a side job. The building tenants videotaped the job, and contacted MassDEP, which traced the truck to Gladu. MassDEP agreed to suspend $7,000 of the Penalty provided all terms of the Order are met. The property owner previously agreed to pay a penalty of $2,000 and was required to retain a licensed asbestos contractor to properly remediate the basement.12/20/05


Date: 12/20/05
municipality: ['Clinton']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving Prism Developers, Inc. of Clinton. The company improperly handled construction & demolition material at a demolition project at 132-140 Brooks Street in Clinton. The company failed to notify MassDEP of the demolition of the former Parker Molding industrial facility in violation of the state regulations.


Date: 12/20/05
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with an $850 Penalty involving Ricciardi Bros., Inc. of Worcester. The company improperly handled construction and demolition material at an interior demolition project at 146 Main Street in Worcester. The Company failed to notify the Department of the demolition work.12/20/05


Date: 12/20/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving Crystal Lakes Village Inc. in Palmer for Wetlands violations. The company failed to comply with various conditions set forth in MassDEP Superseding Order of Conditions, and failed to comply with a subsequent Notice of Noncompliance related to the construction of this residential development. In addition to the Penalty, the company has now agreed to bring the site back into full compliance.


Date: 12/19/05
municipality: ['Stockbridge']
Text:
  MassDEP entered into a Consent Order with Berkshire Botanical Garden of Stockbridge for Water Supply violations. The Garden operated as an unregistered public water system and has agreed to implement compliance activities until the facility can be connected to a registered community system. MassDEP coordinated with the Stockbridge Public Water Supply during inspections and in order to prepare the Garden schedule for connection.


Date: 12/16/05
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with a $67,820 Penalty involving Glyptal, Inc. of Chelsea for Waste Site Cleanup violations. 305 Eastern Avenue, Chelsea for continued violations of M.G.L c 21C. Within 180 days of the effective date of the Consent Order $3,500 is due with the balance of $64,320 payable with 30 days of a DEP Demand Notice as a result of non-compliance with the ACO.


Date: 12/15/05
municipality: ['Ashburnham']
Text:
  MassDEP executed a Consent Order with a $27,877.50 Penalty regarding the Flo Chemical Corp. of Ashburnham for Air Quality, Hazardous Waste and Industrial Wastewater violations. The company failed to comply with its (air) emission permit, failed to properly manage its waste oil, and failed to operate in compliance with its surface water discharge (NPDES) permit. MassDEP agreed to suspend $25,377.50 of the Penalty after a review of financial information provided by the company indicates the existence of financial hardship conditions.


Date: 12/15/05
municipality: ['Fitchburg']
Text:
  MassDEP entered into a Consent Order with a $5,500 Penalty regarding Benjamin Builders Realty Trust for Wetlands violations in Fitchburg. The developer failed to control erosion and sedimentation to a pond and wetland near its subdivision project in Fitchburg. The Consent Order acknowledges that Comprehensive Erosion Control and full Wetland Restoration have already been implemented at the site.


Date: 12/12/20
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty regarding Robert E. Powers Realty Trust for Waste Site Cleanup violations at 145 Stoughton St. in Dorchester. Today Order was signed in settlement of an administrative appeal of a Demand for Suspended Penalties issued by MassDEP for the Trust's failure to meet the terms of an earlier Settlement Agreement, which the Trust had entered to resolve its noncompliance with cleanup deadlines. In September 2005, while settlement negotiations were proceeding, the Trust submitted final cleanup documents regarding the site.12/9/05


Date: 12/8/05
municipality: ['Sudbury']
Text:
  MassDEP entered into a Consent Order with a $33,000 Penalty involving Jerome Sousa, Jr., for Waste Site Cleanup violations. Sousa failed to submit cleanup reports on his property at 475 Boston Post Road in Sudbury. Specifically, Sousa failed to meet the deadlines that had been established in a Notice of Noncompliance on 1/10/03. Sousa agreed to new deadlines to return to compliance by 12/1/2006. MassDEP agreed to suspend $23,000 of the Penalty provided all terms of the Order are met.


Date: 12/8/05
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $32,000 Penalty involving Jerome Sousa, Jr., for Waste Site Cleanup violations. Sousa failed to submit cleanup reports on his property at 870 Western Avenue in Lynn. Specifically, Sousa failed to meet the deadlines that had been established in a Notice of Noncompliance on 7/30/04. Sousa agreed to new deadlines to return to compliance by 12/23/2005. MassDEP agreed to suspend $22,000 of the Penalty provided all terms of the Order are met.


Date: 12/8/05
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order involving Jerome Sousa, Jr., for Waste Site Cleanup violations at 174 Main Street in Peabody. Sousa has failed to submit cleanup reports on this property, and has agreed to deadlines to return to compliance by 12/15/2005 or pay $1,000/day stipulated penalties.


Date: 12/7/05
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with Zacmegeth, LLC, of Attleboro for Waste Site Cleanup violations. In 1994, a release of heating oil to the environment occurred at 16 County Street was detected during an underground storage tank. The company was issued a Notice of Noncompliance (NON) in July 2005 for failing to complete response actions. Under today Order, the company agreed to complete the cleanup; MassDEP has agreed to the deadlines in exchange for stipulated penalties if the company fails to meet them


Date: 12/07/05
municipality: ['Topsfield']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Topsfield Water Department for Water Supply violations. Topsfield failed to conduct annual lead and copper monitoring of the distribution system, and was issued a Notice of Noncompliance (NON) on 4/8/2005. Terms of that NON were not met, specifically, a failure to provide Public Notification, informing customers on this violation, within the deadlines established. The town Water Department has now agreed to submit a Lead and Copper sampling plan that will collect Lead and Copper tap samples and provide Public Notification. MassDEP agreed to suspend $2,000 of the Penalty provided all terms of the Order are met.


Date: 12/7/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty for Waste involving Valentin Auto Sales of Dorchester for Waste Site Cleanup violations. The company, located at 98-106 Quincy Street in Dorchester, failed to notify MassDEP within 120 days of the discovery of a release of oil at the site, as required under law. In addition to the Penalty, the company has agreed to comply with cleanup regulations.


Date: 12/6/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,160 Penalty with Heritage Transport, LLC, for Hazardous Waste violations at numerous Lowe Home Improvement facilities throughout the state. Heritage, which is based in Indianapolis, Indiana, agreed to address the hazardous waste transport violations that MassDEP discovered during a review of shipping manifests. Heritage accepted and transported hazardous wastes from those facilities by using non-hazardous waste manifests. In addition to the Penalty, Heritage has agreed to take corrective actions, conduct an audit of its activities in the Commonwealth in order to identify other manifesting noncompliance, make the appropriate reports, and pay any associated transporter fees.12/5/05


Date: 12/5/05
municipality: ['Needham', 'Sudbury']
Text:
  MassDEP and the Strike Force entered into a Consent Order with an $8,800 Penalty regarding Dr. Christopher D. Southgate of Sudbury, Mass. Southgate was responsible for the illegal disposal of significant quantities of medical waste. In September 05, thirty-eight (38) boxes, each containing between sixty (60) to eighty (80) tubes of biological waste, were unlawfully dumped in the white goods section of the Needham Transfer Station, inside an old freezer. MassDEP and the Strike Force responded to a request for assistance from the Town of Needham and located Dr. Southgate through evidence left in the freezer. Southgate has agreed to pay an $8,800.00 penalty to the Department, and to reimburse the town for all expenses incurred to dispose of the property.


Date: 12/2/05
municipality: ['Shirley']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving R & F Furniture and Refinishing Inc. of Shirley for Air Quality and Hazardous Waste violations. During an inspection (prompted by a complaint), MassDEP determined the company was disposing of paint waste in a dumpster and potentially emitting over 3 tons of volatile organic compounds (an air pollutant) without approval. In addition, the company failed to comply with other Hazardous Waste management requirements. MassDEP agreed to suspend the entire Penalty based on a review of financial information provided by the company, which indicates the existence of financial hardship.


Date: 12/2/05
municipality: ['Auburn']
Text:
  MassDEP executed a Consent Order with Montessori Center, Inc. of Auburn for Water Supply violations. The Center had been operating an unregistered public water supply at its facility. The Order requires the facility to come into compliance with drinking water regulations and policies.12/2/05


Date: 12/1/05
municipality: []
Text:
  MassDEP issued a Unilateral Administrative Order to Cashman/Balfour Beatty (CBB) regarding the Greenbush Project in Weymouth and Braintree. CBB was cited for Wetlands violations. The violations resulted in discharge to the wetlands and the resource waters of the Commonwealth, including sediment accumulation in a bordering vegetated wetland, vernal pool and salt marsh. Today Order requires the immediate cease and desist of discharges, removal of accumulated sediment deposits and sets deadlines for corrections to the aforementioned violations.


Date: 12/1/05
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order involving Eagle Gas Station located at 131 Main Street in Carver. Today Order involves the former owner of the gas station negotiated because the former owner previous MCP submittals were not in compliance with the MCP. The ACO required the owner to further investigate the extent of contamination and reevaluate the Response Action Outcome.


Date: 12/1/05
municipality: ['North Attleborough']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Heritage Construction Company, Inc. for Wetlands violations at 5 South Bullfinch Street in North Attleborough. The company cleared and graded an area adjacent to Falls Pond in violation of its existing Order of Conditions. Prior to this, the North Attleborough Conservation Commission and MassDEP had cited the contractor for working at the site without a valid Order of Conditions. Heritage has now agreed to stabilize the disturbed areas, and will seek approval for the work it has already conducted and refrain from conducting any future unauthorized activities at the site. If Heritage is unable to obtain a valid final order approving the completed work, then Heritage must submit a restoration plan.


Date: 11/30/05
municipality: ['Everett']
Text:
  MassDEP issued a Demand for Payment for an ACOP for Modern Continental Construction Company which was originally issued to complete the cleanup of the Everett yard at 22 Horizon Way, off Route 99, in Everett. Modern Continental failed to submit the required inventory schedules and documentation to demonstrate cleanup of this yard.11/30/05


Date: 11/29/05
municipality: []
Text:
  MassDEP entered into an ACOP with Mother Brook LLC, of Massachusetts, owner of One Westinghouse Plaza in Hyde Park, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on 6/8/2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by 7/1/2007. Mother Brook LLC agreed to pay a $12,000 administrative penalty, with an additional penalty of $20,000 suspended, pending compliance with the ACOP. The site is being redeveloped for residential use.


Date: 11/29/05
municipality: []
Text:
  MassDEP issued a Demand Letter for payment of stipulated penalties in the amount of $30,000 for Modern Continental Construction Co, (MCC) for violating an 8/8/2005 ACOP between MCC and the DEP for violations of the solid waste management regulations. The ACOP specified the actions MCC must manage and remove solid waste, including Asbestos Containing Material, stored at its Everett Yard which is in non-compliance with the Solid Waste and Air Quality regulations and the MCP. MCC has failed to submit the reports required by the ACOP documenting the type and quantity of solid waste stored at the site and its removal in accordance with the provisions of the Order.11/28/05


Date: 11/23/05
municipality: ['Dudley']
Text:
  Laidlaw Transit, Inc., a Delaware corporation that owns and operates school buses throughout Massachusetts, entered into an ACOP with MassDEP and has been penalized $2,000 for violating Air Quality Control regulations. The penalty was assessed after MassDEP personnel observed school buses idling excessively at the Shepard Hill Regional High School in Dudley.11/23/05


Date: 11/10/05
municipality: []
Text:
  MassDEP signed an ACO with Wind River Environmental, LLC. On July 11 & 12, 2005 this septage hauler dumped 15,000 gallons of septage into a storm drain at the Peabody High School. The septage ended up going to Proctor Brook and jetting out of the storm drain that goes to Proctor Brook. Both the storm drain and the brook area needed to be cleaned up. A penalty of $22,500 was agreed to.11/9/05


Date: 11/9/05
municipality: ['Ipswich']
Text:
  MassDEP entered into a Consent Order with The Town of Ipswich and First Ipswich Bancorp relative to the failure to timely document the potential for on-site releases in an DPS and the failure to comply with the deadlines contained in a NOAF/NON relative to a Hammatt Street parcel. The Consent Order called for the payment of a $12,500 Penalty and established a schedule for the completion of necessary response actions in order to come back into compliance and to close out this site DEP agreed to suspend $7,500 of the penalty provided all terms of the Consent Order are met.11/9/05


Date: 10/31/05
municipality: ['Wakefield']
Text:
  This wetlands case involves activities performed on the equipment yard of Nardone Contracting Corp., 84 New Salem Street, Wakefield, without authorization, that resulted in filling of flood plain, Bordering Vegetated Wetlands (BVW) and redirection of stormwater on to abutting commercial property. MassDEP became involved as the result of a complaint by the abutter. The final settlement includes both Nardone and the abutter agreeing to a design and construction of a stormwater management system, restoration of BVW, site management techniques to protect the wetlands, and, a penalty of $21,000 with $11,000 suspended if the site is in full compliance by 12-31-06.10/31/05


Date: 10/27/05
municipality: ['Boston']
Text:
  MassDEP issued an Administrative Consent Order with Penalty to Forest Hills Cemetery, 95 Forest Hills Avenue, Boston. Included in the Order were violations of the Massachusetts Air Quality and Hazardous Waste regulations. Forest Hills Cemetery shall pay to the Commonwealth a civil administrative penalty of $1,625. This Order is one of several that came about as a result of the Bureau's crematory inspection initiative.10/26/05


Date: 10/21/05
municipality: ['Reading']
Text:
  MassDEP executed an ACOP against Johnson Woods Realty Corporation for construction of a sewer connection off West Street in Reading without a required sewer permit. A MassDEP engineer while conducting a field visit at an abutting property observed that the proposed development of Johnson Woods and its related sewers had been constructed, although MassDEP had not yet issued a permit. The ACOP requires the payment of a $6,500 penalty in addition to Johnson Woods arranging for Infiltration/Inflow (I/I) mitigation with the Town of Reading. The I/I mitigation will cost Johnson Woods in excess of $600,000. This ACOP is a follow-up to a UAO issued against Johnson Woods requiring that Johnson Woods cease all further construction and/or connection of sewers until the permit was granted. The sewer connection permit was issued concurrently with the ACOP execution.10/20/05


Date: 10/20/05
municipality: ['Pittsfield', 'Williamstown']
Text:
  MassDEP entered into an administrative consent order with Jim Galusha Contracting, Inc. of Williamstown to address asbestos handling violations at a Williamstown demolition site. The violations were discovered by an inspector from the Pittsfield office of the Massachusetts DOS. The inspector notified MassDEP that he had observed Galusha Contracting demolishing a house on New Ashford Road in Williamstown. The DOS inspector issued a Cease & Desist Order at the time of his inspection. A review of MassDEP records combined with a follow-up inspection by MassDEP revealed that asbestos had not been removed from the house prior to the demolition operation and was now co-mingled with the demolished house. After developing a work plan that included air monitoring by a licensed consultant to ensure that no asbestos emissions would be released to the ambient air, Galusha Contracting, along with its asbestos sub-contractor, was allowed to complete the demolition. The site remained covered by tarps until the clean up was completed and the demolished house, in its entirety, was disposed of as asbestos waste. In addition to paying a $4,500 penalty, $20,900 was suspended pending the Company compliance with the consent order and the asbestos handling regulations.10/20/05


Date: 10/19/05
municipality: ['Springfield']
Text:
  MassDEP entered into an administrative consent order with the Laguercia Family Trust to address violations of the asbestos regulations at a residential rental property in Springfield and for hazardous waste violations at a commercial property in West Springfield. In October of 2003, the MassDEP discovered that a heating contractor had notified the Trust that asbestos was on an old boiler at the residential property and needed to be removed before a new boiler could be installed. Instead, the Trust hired an unlicensed asbestos contractor to install a new boiler. At the West Springfield commercial property the Trust committed additional violations by hiring an unlicensed hazardous waste transporter to remove a mixture of septage sludge and waste oil from a septic tank. Instead of hiring a licensed hazardous waste transporter, the Trustees hired a local septage hauler to remove and transport the sludge. Subsequently, the Trustees hired a licensed hazardous waste transporter to pump out the hazardous waste from the septage tanker truck for disposal at an approved facility. In July of 2005, the septage hauler was penalized $27,590 for violations of the State hazardous waste regulations. For the asbestos and the hazardous waste violations, the Laguercia Family Trust will pay a $15,000 penalty with an additional $30,000 penalty suspended for one year pending compliance.10/19/05


Date: 10/18/05
municipality: []
Text:
  MassDEP entered into an ACO with the Seven Hills Foundation to establish new deadlines for ongoing clean up activities at the School.10/18/05


Date: 10/18/05
municipality: ['Ludlow']
Text:
  MassDEP entered into an administrative consent order with the Banas Sand and Gravel Company Inc. of Ludlow to address air pollution, hazardous waste, and industrial wastewater violations. The violations, discovered during a MassDEP inspection conducted on July 27, 2004, included discharging concrete wash water onto the ground without a groundwater permit, constructing a new cement plant without an Air Quality approval, failure to post signs and labels on waste oil containers, and failure to register with MassDEP for waste oil generation and a waste oil space heater. In addition to paying a $5,750 penalty, the Company has agreed to correct the violations and to remain in compliance. An additional $7,575 was suspended pending Company compliance for one year.10/14/05


Date: 10/14/05
municipality: ['Walpole']
Text:
  This matter is a violation of the Wetland Protection Act by M & J Realty Trust, 2050 Main Street in Walpole, involving 1000 square feet of fill in a Bordering Vegetated Wetland that is a Restricted Wetland and Buffer Zone for the expansion of a parking lot. MassDEP initially discovered the violation using aerial photography. The enforcement agreement incorporates removal of fill, restoration of wetland, and, a paid penalty of $5,000 with an additional $1,500 suspended if full compliance is reached by May 1, 2006.


Date: 10/14/05
municipality: ['Wilmington']
Text:
  MassDEP executed an Administrative Consent Order with Penalty with Fred Super Service, Inc., owner of 324 Main Street in Wilmington for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on October 22, 2003. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by March 31, 2007. In addition, Fred Super Service, Inc. agreed to pay a $10,000 administrative penalty, with an additional penalty of $20,000 suspended penalty, pending compliance with the ACOP.10/14/05


Date: 10/6/05
municipality: []
Text:
  MassDEP executed an ACOP with Citizen's Bank of Massachusetts, owner of 631 Mt. Auburn Street in Watertown, for waste site cleanup violations. Specifically, for failure to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by DEP on September 14, 2004. New deadlines were set in the ACOP to return to compliance with the submittal of an RAO by July 1, 2007. In addition, Citizens Bank of Massachusetts agreed to pay a $15,000 administrative penalty, with an additional penalty of $16,000 suspended, pending compliance with the ACOP.10/6/05


Date: 0/6/05
municipality: ['Salisbury']
Text:
  MassDEP issued a Unilateral Consent Order to the LEETCO Realty Trust, 34 Bridge Street, Salisbury, for altering a buffer zone and a jurisdictional resource area at 34 Bridge Street in Salisbury, without filing a Notice of Intent.10/4/05


Date: 9/30/05
municipality: ['Cambridge']
Text:
  MassDEP executed an Administrative Consent Order (ACO) with VLW Realty Trust, owner of 2472-2484 Massachusetts Avenue in Cambridge, for waste site cleanup violations. Specifically, for failure to submit Status Reports, Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established in a Notice of Noncompliance issued by MassDEP on July 21, 2005. New deadlines were set in the ACO to return to compliance with the submittal of an IRA Status or Completion Statement, a RAM Status or Completion Statement and an RAO. In addition, the VLW Realty Trust agreed to pay a $1,000/ day in stipulated penalties if the submittal deadlines establish in the ACO are not met.9/30/05


Date: 9/29/05
municipality: ['Salem']
Text:
  MassDEP issued an Administrative Consent Order with Penalty to cover violations of the Air Quality and Hazardous Waste regulations at Harmony Grove Cemetery, 30 Grove St., Salem. Harmony Grove Cemetery shall pay to the Commonwealth a civil administrative penalty of $6,310. This penalty represents one of several HLE penalties that came as a direct result of the Crematory Inspection Initiative undertaken by MassDEP.9/28/05


Date: 9/27/05
municipality: ['Seekonk']
Text:
  An Administrative Consent Order and Penalty was entered into with Herb Chambers Honda of Seekonk for violations of the Massachusetts Hazardous Waste Regulations. A MassDEP multi-media inspection revealed that Herb Chambers Honda was registered as a Small Quantity Generator (SQG) of Waste Oil but was generating Large Quantity Generator (LQG) amounts of waste oil and therefore was Acting-out-of-Status. The ACOP ensures compliance with the Hazardous Waste requirements. Total penalty is $2,070.9/27/05


Date: 9/20/05
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with the GCR Landfill in Peabody for violations of the solid waste regulations, specifically for GCR's failure to repair erosion of the side slope of the landfill cap. The Consent Order provides for a $6,900 administrative penalty and for the repair of the cap. The administrative penalty consists of a cash penalty of $3,000 and a suspended penalty of $3,900 contingent on GCR complying with the conditions of the ACOP.9/20/05


Date: 8/31/05
municipality: ['Southampton']
Text:
  MassDEP concluded an agreement to address Southampton failure to comply with permit and regulatory requirements. Southampton Water Commission began to use a replacement public water supply well prior to meeting specific conditions set by MassDEP, it failed to conduct routine water analyses required in the first year of a well use as a public water source and Southampton inaccurately reported this well use as another on routine reporting forms submitted to the Department. The DEP Order addresses public water source protection and reporting issues. The necessary water quality analyses were required in an earlier Unilateral Order. The ACOP included a penalty of $22,360, with all but $1,000 suspended.


Date: 8/31/05
municipality: ['Russell']
Text:
  MassDEP entered into an agreement with Whippernon LLC of Russell in connection with the construction of a residential subdivision without a Final Order of Conditions. Whippernon had obtained a Determination of Applicability and filed a Notice of Intent, however, impacts occurred to resource areas prior to the issuance of an Order of Conditions. The ACOP requires restoration of impacted resource areas, a delineation of the entire parcel, filing of a Notice of Intent for the entire project and a penalty in the amount of $6,500. Payment of $3,250 of that penalty will be suspended upon compliance with the requirements of the ACOP.8/31/05


Date: 8/30/05
municipality: ['Raynham']
Text:
  MassDEP entered into an Administrative Consent Order with Penalty with ITE, LLC on August 30, 2005. ITE, LLC is a facility that maintains and services forklift trucks, located in Raynham. MassDEP personnel conducted a site inspection on June 14, 2005 and identified violations of the state hazardous waste regulations. The Order establishes an aggressive schedule for registering with the DEP with the new company name and the correct generator status, and the proper management of oil and hazardous waste. ITE, LLC will pay a $1,380 penalty for the violations.8/30/05


Date: 8/23/05
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $13,000 Penalty with North Shore Ice Co., 131 Spring St., Everett, relative to a release of several hundred pounds of anhydrous ammonia from ice-making equipment owned by the company. Initial cleanup efforts by company were not followed with the required Release Notification Form, Immediate Response Action (IRA) Plan or IRA Status Reports, and failed to properly Tier Classify. The Order establishes deadlines for response actions. DEP agreed to suspend $10,000 of the Penalty provided all terms of the Order are met.8/22/05


Date: 8/17/05
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving FCR, Inc. of Boston for Solid Waste violations. The violations included the outside storage of recyclables beneath Route 93 ramps in Charlestown, the storage of residuals outside of the facility, and failure to modify the Determination of Need (DON) to reflect modifications. The Order requires FCR to submit an application for a modification to the facility's DON that accurately reflects the facility's current operations and specifies limits on the volumes of recyclables and residuals to be managed at the facility pending Department action on the application. DEP agreed to suspend $5,000 of the Penalty pending compliance with all terms of the Order.


Date: 8/16/05
municipality: ['Springfield']
Text:
  MassDEP issued a $1,000 PAN to David Powers of Springfield to address the discharge of heating oil to the ground of a residential property in Springfield. Mr. Powers, who was in the process of transferring ownership of the property, was responsible for the emptying of the contents of an abandoned oil tank into a hole in the ground. Mr. Powers accepted responsibility for the discharge and has completed the site remediation process. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 8/15/05
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $38,800 Penalty involving Internap Services of 70 Innerbelt Rd., Somerville for Air Quality violations. Internap had installed and operated three emergency generators at the site prior to receipt of written approval. Internap agreed to pay a penalty of $38,800 and to pay $1155 for economic benefit gained by failing to pay past Air Quality compliance fees; and agreed to submit a Comprehensive Plan Application to MassDEP for the three existing emergency generators.8/15/05


Date: 8/12/05
municipality: ['Boston', 'Chelmsford']
Text:
  MassDEP Boston at the request BWP NERO issued a Default Notice to Investors Bank and Trust Company, Boston, Mass. The Default Notice informs Investors Bank and Trust Co. that Amalgamated Transportation Inc. (ATI) has failed to complete the closure of the Glenview Sand and Gravel Landfill in Chelmsford. The notice also directs Investors Bank and Trust Company to draw on the full amount ($500,000) of the Surety Bond established by ATI for the closure and place the proceeds into the Standby Trust Account for use by MassDEP to complete the closure.8/12/05


Date: 8/12/05
municipality: ['Erving']
Text:
  An agreement was executed by MassDEP with Morris Housen, one of the owners of the Usher Mill site in Erving. Mr. Housen failed to notify DEP in a timely manner of a release of hazardous materials detected in soil at the site (120-day notification condition). The Consent Order assesses a penalty of $4,000. A response action outcome has been submitted previously for the site.8/12/05


Date: 8/11/05
municipality: []
Text:
  MassDEP issued a Unilateral Order to Lynn Water & Sewer for Surface Water Discharge violations involving a multi-million gallon discharge of untreated sewage on 7/21/05 until 7/24/05. The Commission did not provide immediate notification to state agencies, the nearby Port of Pines Beach Association, or municipalities potentially impacted causing potential exposure to beachgoers to water-borne illnesses. Today Order requires proper notification, sampling and testing for any future incidents. In addition, the Commission must provide detailed report on the incident as well as a list of contacts during business hours, and emergency contact numbers. Further enforcement is pending. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 8/10/05
municipality: ['Boston', 'Cambridge']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty regarding Mohammed Bellal of Cambridge for Asbestos violations found during a Mass DEP inspection at 111 Glenway in Boston (Dorchester). Bellal was conducting work that involved asbestos at this multifamily residential unit without first having submitted the required notification. DEP also determined during an inspection in March 2004 that asbestos debris was scattered on the floor, a violation. DEP agreed to suspend $7,550 of the Penalty provided all terms of the Order are met.


Date: 8/10/05
municipality: ['Boston', 'Stoneham']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty regarding Nazral Quadery of Stoneham for Asbestos violations found during a DEP inspection at 111 Glenway in Boston (Dorchester). Quadery owned the facility where asbestos removal at this multifamily residential unit was being conducted without first having submitted the required notification. DEP also determined during an inspection in March 2004 that asbestos debris was scattered on the floor, a violation. DEP agreed to suspend $7,550 of the Penalty provided all terms of the Order are met.


Date: 8/9/05
municipality: []
Text:
  MassDEP executed an agreement with Connecticut Valley Sanitary Waste Disposal, Inc. to address odor violations at their Chicopee Landfill. The violations occurred during the month of July when the DEP received several nuisance odor complaints from an abutter of the landfill operation. DEP inspectors verified off-site odors attributable to the landfill on several of these occasions. The Consent Order requires that the Landfill take any and all measures necessary to eliminate and prevent off-site nuisance odors . In addition to a $6,000 penalty, the Consent Order also suspends an additional $22,740 provided that no further off-site nuisance conditions are observed.


Date: 8/9/05
municipality: ['Springfield']
Text:
  MassDEP executed an agreement with Mercy Hospital in Springfield to address violations of its RES approval. In March and April of 2005, the hospital submitted reporting records that indicated approximately 10 exceedences for SO2 between 2001 and 2005. As part of the settlement agreement, Mercy will pay a penalty of $1,000, and contribute an additional $4,750 to the Pioneer Valley Planning Commission's vehicle retirement program.8/9/05


Date: 8/3/05
municipality: ['Hanson']
Text:
  An ACOP was issued by MassDEP to South Street Realty Trust, Richard & Barbara Duncan Trustees, for operating approximately 14 acres of cranberry bogs without a Water Management Act permit or registration in the Taunton River watershed off South Street in Hanson. The Trust violated the WMA by exceeding the withdrawal threshold of 9.3 acres of new-style bog without permission. The ACOP requires the Duncans to apply for a WMA permit within 90 days and pay a $500 penalty; $16,000 is suspended.8/3/05


Date: 7/29/05
municipality: ['Worcester']
Text:
  MassDEP issued a $21,156 Penalty Assessment Notice to Peterson Oil Service Inc. for failing to remove several hundred yards of contaminated soil stockpiled for greater than 120 days at 450-490 Millbury Street in Worcester. Soil was excavated in February 2005. A Notice of Noncompliance was issued on 6/13/05, with 21 days to take action. On 7/22/05, Peterson initiated disposal of 10-20 tons of soil per day, but would not agree to expedite soil removal. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 7/29/05
municipality: []
Text:
  MassDEP entered into a Consent Order with Joshua and Mariann Dinelle Waste Site Cleanup violations. The Dinelles failed to submit cleanup reports (either a Tier Classification or a Response Action Outcome) relative to a January 2002 release of fuel oil at a location in (Thorndike) Palmer. MassDEP issued Notices of Noncompliance to the Dinelles in July 2002 and again in May 2004. In both instances, responses were received, submitting the RNF and requesting extensions. Deadlines have now been established and stipulated penalties included if deadlines are missed.


Date: 7/29/05
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty regarding Savage Services Corp. of Westfield for Hazardous Waste violations. On 10/20/04, a release of up to 100 gallons of waste oil and oily water occurred when a railroad tanker car was being filled from a truck. The hose leading from the truck to the railroad tanker became loose and spilled the waste onto the ground and into a storm drain at the adjacent property. Immediately after the release, Savage obtained the services of a contractor and cleaned up the spill. MassDEP's incident response personnel also responded on site following the spill. The Company has now agreed to institute added measures to prevent future releases. MassDEP agreed to suspend an additional $9,750 pending a one-year probationary compliance period.7/29/05


Date: 7/29/05
municipality: ['Revere']
Text:
  MassDEP issued a Notice of Response Action to Wonderland Cleaners in Revere, located at 876 Broadway. Wonderland is required to assess the site and investigate potential indoor air impacts to the on-site and nearby residences. Wonderland's initial response was considered inadequate to address site conditions. MassDEP is currently attempting to obtain an adequate assessment plan, but if an adequate assessment plan is not submitted by the deadline, BWSC will investigate the potential indoor air problem using state contractors and seek cost recovery in the future.7/28/05


Date: 7/28/05
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order and Notice of Noncompliance to Recycle Technology, LLC (RecTec) of Charlton. The company was operating a petroleum-contaminated soil recycling operation without a valid Class A, Level III Recycling Permit. On 4/6/05, RecTec was issued a Class A, Level III Recycling Permit contingent upon the 21-day appeal period. An abutter appealed the permit and the permit cannot be finalized until the appeal process is completed. Since the company proceeded to accept and process petroleum-contaminated soils after being notified that they could not, the UAO/NON was issued. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 7/28/05
municipality: ['Bridgewater']
Text:
  MassDEP entered into a Consent Order with D'emco Enterprises, Inc., formerly known as George E. Keith Company, in Bridgewater due to Waste Site Cleanup violations. The company failed to complete response actions in a timely manner. D'emco had formally been issued a Notice Of Noncompliance (NON) on 1/20/05 for these violations. Today's Order establishes new deadlines for completion of work at the site and stipulated penalties for any future violations of these deadlines.


Date: 7/28/05
municipality: ['Raynham']
Text:
  MassDEP executed a Consent Order with a $7,000 Penalty regarding Lincoln Woods/Raynham Investments in Raynham for failing to obtain the required sewer extension permit. The developer failed to obtain the proper permits prior to constructing sewers serving Lincoln Woods residential development.


Date: 7/28/05
municipality: ['Woburn']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty regarding Woods Hill Trust & Woods Hill LLC in Woburn for failing to obtain the required sewer extension permit. The Trust, which is in the process of selling the development to the LLC, constructed this sewer line prior to receiving approval. Woods Hill LLC is today being issued the permit; the LLC has paid the Penalty and demonstrated it has complied with Woburn's infiltration/inflow requirements (sewer bank), as required under a separate Consent Order the MassDEP has with the City of Woburn.7/28/05


Date: 7/26/05
municipality: ['Mattapoisett']
Text:
  MassDEP entered into a Consent Order with a $12,420 Penalty involving, Brownell Boat Yard in Mattapoisett for Hazardous Waste, Air Quality and Industrial Wastewater violations. A multi-media inspection revealed


Date: 7/26/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $31,000 Penalty regarding Holbrook Sportsmen's Club, Inc. for Wetlands violations. The club has agreed to restore wetlands disturbed during shooting range modifications conducted by club members. MassDEP agreed to suspend $30,000 of the Penalty if the Club initiates key aspects of their Environmental Stewardship Plan, including the installation of a shot barrier to prevent lead-shot from being deposited into wetlands and the recovery of this lead shot for recycling after the barrier is erected. Other range improvements include implementing EPA's Best Management Practices for Lead at Outdoor Shooting Ranges. The club also agreed to pursue obtaining a Conservation Restriction at the club to preserve some or all of the club land of approximately 200 acres as Open Space.7/25/05


Date: 7/25/05
municipality: ['Arlington']
Text:
  MassDEP entered into a Consent Order with Salvatore Spinosa of 143 Franklin Street in Arlington. During an August, 2004 inspection of 143 Franklin Street, MassDEP discovered bags of dry asbestos. MassDEP agreed to suspend the entire Penalty and Spinosa agreed to comply with the asbestos regulations and complete the necessary steps at the residence.7/22/05


Date: 7/21/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty regarding Viking Oil of Winthrop for Waste Site Cleanup violations. Viking failed to report a release subject to 2-hour notification, failed to conduct Immediate Response Actions, illegal storage of hazardous waste, operating out of status, failing to properly manifest waste shipments, and several container management violations. Violations were discovered during investigations and inspections conducted by the Environmental Strike Force based on a referral from MassDEP's Northeast Regional Office. The release occurred in January 2005 during an oil delivery to a residence in Braintree. Viking's faulty delivery hose sprayed fuel oil onto the property and home itself. It came to the attention of MassDEP when the representative from the homeowner's insurance company reported the release two weeks later. Nearly 1,600 gallons of contaminated water (snow) was removed, and more than eight tons of contaminated soil.7/21/05


Date: 7/20/05
municipality: ['Pembroke']
Text:
  MassDEP executed a Consent Order with a $14,370 Penalty involving the Town of Pembroke and Solid Waste violations at the transfer station, recycling center and composting operation. The facilities are located on top of the Pembroke's unlined/uncapped landfill located off Hobomock Street. The Order requires that the Town immediately implement measures to relocate these un-permitted operations to other areas of the site-assigned property that do not contain solid waste. The Order further requires that the Town pursue appropriate permits for the construction and establishment of a permanent solid waste management facility and complete the assessment of the landfill in preparation of appropriate capping plans including any post-closure uses at the landfill. The final disposition regarding the capping of the unlined landfill will be part of a subsequent, but separate, Order. Lastly, today's Order requires the Town perform a Supplemental Environmental Project (SEP) in the form of cleaning-up two municipally owned properties (Princes Way and Tubbs Meadow) that have been described as sites for the illegal depositing of solid waste. DEP agreed to suspend the entire Penalty.


Date: 7/20/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,400 Penalty regarding Paul E. and Paul D. Gaudreau, former owners of 140 Commonwealth Avenue in North Attleboro. The Gaudreaus had knowledge of a reportable release of hazardous materials during a prospective buyer's pre-purchase assessment in 1998 and made no attempt to notify MassDEP of the release. MassDEP received notification from the current owner in 2005. The current owner is conducting (cleanup) response actions at the site.


Date: 7/18/05
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Iovanna Realty Trust/Pride Lincoln Mercury in Lynn for Waste Site Cleanup violations. Located at 777-793 Lynnway, this car dealership was found specifically to have made false statements in filing a Response Action Outcome (RAO) submitted to MassDEP. In addition to the Penalty the company agreed to correct the violations.


Date: 7/19/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $23,950 Penalty involving Pride Ford and Pride Dodge of North Attleboro for Hazardous Waste violations. Inspections by MassDEP revealed the facilities had not complied with the


Date: 7/19/05
municipality: ['Bedford']
Text:
  MassDEP entered into a Consent Order with a $9,895 Penalty regarding the Carlisle Road Landfill in Bedford for Solid Waste violations. The Town of Bedford omitted the toe-drain required by the approved design plan from the landfill cap. The Order requires the Town to provide MassDEP with a plan and schedule for repairing the toe drain. MassDEP agreed to suspend $7,395 of the penalty contingent on the Town complying with the Order.7/19/05


Date: 7/19/05
municipality: ['Somerville']
Text:
  MassDEP issued a Notice of Response Action to Somerville Two, LLC, (an entity created by a secured lender to manage the 50 Tufts Street property in Somerville) for Waste Site Cleanup violations. The corporation is required to initiate response actions at a residential property across the street from this former dry cleaning supply company. Chlorinated VOCs, primarily tetrachloroethylene (PCE), have been detected in groundwater at very high levels, emanating from the site. Indoor air in four homes across the street from the former dry cleaner has been impacted. Two of the impacted homes require remediation. MassDEP sealed the basement in 1 of the 2 homes earlier in the summer, however, since then the fiduciary has foreclosed on the property. MassDEP is asking the corporation to take responsibility for the remaining home. If they do not take responsibility for cleaning up the remaining home, MassDEP will do the work and recover the cost of the remediation.7/18/05


Date: 7/14/05
municipality: ['Sherborn']
Text:
  MassDEP entered into a Amended Consent Order with a $10,000 Penalty regarding Sherborn Day Spa in Sherborn for Water Pollution Control (septic system) and Water Supply violations. The Order also has $2,000 in Stipulated Penalties after the company failed to comply with the original Order signed in 2004. Specifically, the company was required to submit for approval changes that will bring the Spa's water supply well and septic system into compliance.


Date: 7/13/05
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty regarding Pulte Homes LLC for Wetlands violations at Choate Farm in Danvers. An inspection on 3/29/05 by MassDEP found the developer's action resulted in the un-permitted alteration of 3,400 s.f. of wetlands resource area at 407 Locust Street (Choate Farm) in Danvers.


Date: 7/12/05
municipality: ['Gill']
Text:
  MassDEP issued a $4,480 Penalty Assessment Notice to Alan's Bar B Que of Gill due to a lack of a certified drinking water operator and coliform bacteria reporting violations.


Date: 7/11/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding United Oil Recovery, Inc. for Hazardous Waste Management (shipping) violations throughout the Commonwealth. The company, which is based in Meriden, Connecticut, was not using the correct hazardous waste codes on the shipping manifests when accepting wastes from waste generators. The Company was also cited for transporting waste oil and water mixture as well as un-drained motor vehicle oil filters by using a non hazardous waste manifest. The company will correct the violations and distribute MassDEP's fact sheet relating to the appropriate management of Used Oil Filters to its Massachusetts customers.7/11/05


Date: 7/11/05
municipality: ['Westfield']
Text:
  MassDEP executed a Consent Order with RDT Enterprises of Westfield for Waste Site Cleanup violations. RDT, as the owner of the former Westfield Woodworking site at 6 Coleman Avenue, failed to notify MassDEP in a timely manner of a release of chlorinated solvents detected in groundwater at the site (120-day notification condition). The Consent Order requires that RDT either complete response actions at the site, including the preparation of a Tier Classification or Response Action Outcome Statement for the release by 11/16/05. Failing that, RDT must have an approved financial inability status by that date.7/8/05


Date: 7/8/05
municipality: ['Marlborough']
Text:
  MassDEP executed a Consent Order with an $860 Penalty involving XCELLEREX, LLC of Marlborough for Hazardous Waste violations. The violation pertains to the company acting as a Large Quantity Generator of hazardous waste while registered as a Very Small Quantity Generator.


Date: 7/7/05
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty involving Meetinghouse at Stow Condominium Trust for Wastewater violations. MassDEP determined permit violations at the Trust's wastewater treatment facility. Under the terms of the Order, the Trust shall evaluate and upgrade its current treatment process in addition to paying the Penalty.


Date: 7/6/05
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $4,867 Penalty to Poyant Signs Incorporated of New Bedford Air Quality violations. MassDEP determined that he company, which is located at 125 Samual Barnet Blvd. in New Bedford, installed and operated a spray booth without meeting the requirements of the permit exemption regulations or for failure to submit the appropriate permit application.


Date: 7/5/05
municipality: ['Newbury']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving, Governor Dummer Academy of Newbury for Wetlands violations. MassDEP determined through aerial photography that 25,000 s.f. of Bordering Vegetated Wetlands (BVW) was altered due to expansion of a field house and construction of two tennis courts. In addition to submitting plans to replicate the lost BVW, the Academy will conduct a Supplemental Environmental Project (SEP) involving the composting of purple loosestrife, an invasive plant species, which will help to determine how long those seeds remain viable in composted soil. MassDEP agreed to suspend $5,000 of the Penalty provided all terms of the Order are met.7/5/05


Date: 7/5/05
municipality: ['Dover']
Text:
  MassDEP entered into a Consent Order with a $2,435 Penalty involving Glen Ridge Resident Trust of Dover for water supply violations. The Trust is a registered public water supplier (42 service connections/100 residents) that failed to collect samples as required in August of 2004 for total trihalomethanes and haloacetic acids. MassDEP agreed to suspend $1,235 of the Penalty provided all terms of the Order are met, including public notification of the violation and returning to compliance regarding its testing schedule.7/5/05


Date: 7/1/05
municipality: ['Boston', 'Cambridge']
Text:
  MassDEP issued a $15,050 Penalty Assessment Notice to Mohammed Bellal, of 119 Willow Street, Cambridge for (Air Quality) Asbestos violations. During March 2004, MassDEP inspected the property at 111 Glenway in Boston (Dorchester) where Bellal was conducting work that involved asbestos at this multifamily residential unit without first having submitted the required notification. MassDEP also determined that asbestos debris was scattered on the floor, a violation. Discussions with Bellal failed to reach a consent order leading to today's penalty assessment.


Date: 7/1/05
municipality: ['Boston', 'Stoneham']
Text:
  MassDEP issued a $15,050 Penalty Assessment Notice to Nazral Quadery of 34 Marble Street, Stoneham for Air Quality (Asbestos) violations found during a MassDEP inspection at 111 Glenway in Boston (Dorchester). Quadery owned the facility where asbestos removal at this multifamily residential unit was being conducted without first having submitted the required notification. MassDEP also determined during an inspection in March 2004 that asbestos debris was scattered on the floor, a violation. Discussions with Quadery failed to reach a consent order leading to today's penalty assessment7/1/05


Date: 6/30/05
municipality: ['Sandwich']
Text:
  MassDEP entered into a Consent Order with KWE Enterprises of Sandwich for Waste Site Cleanup violations. This site was the location of a petroleum release that impacted a private water supply. Due to a dispute between the current owner and the previous owner, neither PRP conducted the necessary response actions. The private water supply was connected to municipal water and the MassDEP needed to utilize the services of an outside contractor to conduct preliminary response actions. Under this Order, MassDEP established deadlines for the current owner and responsible party to come back into compliance and to pay the MassDEP $100,000 in past costs. In addition, a Response Action Outcome or a demonstrated Remedy Operation Status is required by 8/1/06.


Date: 6/30/05
municipality: ['Orleans']
Text:
  MassDEP entered an Amended Consent Order with Skaket Associates in Orleans. In 2001, MassDEP entered into a Consent Order requiring full replacement of old septic systems by 7/20/05. DEP has now agreed to a one-year extension (7/30/06) due to the facility's major reconstruction plans, which will require that they obtain a groundwater discharge permit and necessitate the construction of a treatment plant and provide a higher level of environmental protection.


Date: 6/30/05
municipality: ['Westford']
Text:
  MassDEP executed a Consent Order with a $1,150 Penalty involving Butter Brook Crossing, LLC of Westford for Drinking Water violations. The company, which operates Butter Brook Golf Club had started operating a new public water supply without first having received approval from MassDEP. The company has corrected the violation by submitting verification that a certified operator has been retained, a cross-connection control plan is in place, and all requirements for operation have been completed. MassDEP conducted a final inspection approval.


Date: 6/30/05
municipality: []
Text:
  MassDEP executed a Consent Order with a $11,000 Penalty regarding Massachusetts Broken Stone Company which operates a mining, crushed stone, and asphalt batching plant also known as Holden Trap Rock. The company failed to comply with the terms and conditions of its surface water discharge, or National Pollutant Discharge Elimination System (NPDES) permit. In violating its NPDES permit (which is issued jointly by MassDEP and EPA), the company allowed storm water to discharge into a wetland.


Date: 6/30/05
municipality: ['Middleborough']
Text:
  MassDEP executed a Consent Order with a $9,560 Penalty involving SRO Companies, LLC for violations at the former Saint Luke's Hospital in Middleborough. The former County Hospital was purchased by Shawn O'Donnell of SRO. The property was slated for conversion into residential units and SRO conducted extensive interior demolitions prior to notification being sent to MassDEP, and in violation of the state's Air Quality (Asbestos) regulations.


Date: 6/30/05
municipality: ['Middleborough']
Text:
  MassDEP executed a Consent Order with a $14,700 Penalty involving D&M Construction, which served as the demolition contractor at the former Saint Lukes Hospital in Middleborough. The contractor was cited for the improper removal of asbestos, an Air Quality violation. The total Penalty was reduced by $5,000 under the Department's Small Business Policy, and the remaining $9,700 was suspended and the owner was ordered to attend an Asbestos Awareness Course within 60 days.


Date: 6/30/05
municipality: ['Middleborough']
Text:
  MassDEP entered into a Consent Order with a $9,400 Penalty regarding TMC Services, Inc, a licensed asbestos contractor, for Asbestos violations at the former Saint Lukes Hospital in Middleborough. TMC performed the asbestos removal in the basement of the building but did not submit notification to MassDEP.


Date: 6/30/05
municipality: ['Edgartown']
Text:
  MassDEP executed a Consent Order with a $6,900 Penalty involving Island Holding, LLC, (owner of the Winnetu Inn) in Edgartown. The company was cited for failure to submit an application to modify its Title 5 (septic system) permit prior to construction and failure to use odor control.


Date: 6/30/05
municipality: ['Seekonk']
Text:
  MassDEP issued a Unilateral Administrative Consent Order with a $7,070 Penalty Assessment Notice to D.J. Cronin, Inc. of 53 Mink Street in Seekonk. The company is generating and accumulating more waste oil than allowed by its registered hazardous waste generator status, failing to provide secondary containment for its outside waste-oil storage area, and for discharging industrial wastewater to ground (truck cab washing). In addition, the company is maintaining drains to ground, which need to be properly closed under the underground injection control regulations and for other hazardous waste management violations. The company has refused to enter into settlement negotiations with the Department. The site is a &quot;listed MCP site&quot;, with contamination reportedly caused by a previous tenant.


Date: 6/30/05
municipality: []
Text:
  DEP entered into a Consent Order with a $115,000 Penalty to Peter Paquin for Wetlands, Clean Water and Water Management Act violations in Middleboro. Paquin owns cranberry bogs off Beach Street in Middleboro, where he will be required to conduct wetland restoration of 6.62 acres of bordering vegetated wetlands this year. An additional 6.55 acres shall be further evaluated within the next two months and restored if that acreage was previously wetland. Paquin is also required to apply for a Water Management Act permit and develop a Resource Conservation Farm Plan. DEP agreed to suspend $50,000 of the Penalty provided all terms of the Order are met.


Date: 6/30/05
municipality: ['East Longmeadow']
Text:
  DEP executed an Administrative Consent Order with Vertis, Inc. of East Longmeadow for Waste Site Cleanup violations. Vertis, located at 245 Benton Drive, failed to immediately notify DEP of a release on 12/21/05 of an estimated 100-150 gallons of petroleum-based lithographic ink. The spill occurred during ink delivery at a time of below-freezing temperatures. As part of the Consent Order, Vertis revised its spill response procedures and contingency plans, and re-trained employees on these procedures. Vertis and its ink supplier also made physical changes to the ink storage and delivery equipment, including heat tracing of delivery lines.


Date: 6/30/05
municipality: ['Springfield']
Text:
  DEP executed a Consent Order with the city of Springfield for Waste Site Cleanup violations at the (fmr) Jail & Boiler Plant. The city failed to submit timely phase reports for both sites, and has now agreed to remove all abandoned USTs, properly dispose of drums containing Oil and Hazardous Material, and submit phase reports by prescribed deadlines.


Date: 6/30/05
municipality: ['Lee']
Text:
  DEP entered into a Consent Order with the town of Lee for Water Supply violations. The town agreed to address certified water operator and cross connection control deficiencies identified by the Drinking Water Program during a May 2005 sanitary survey inspection.


Date: 6/30/05
municipality: ['Egremont']
Text:
  DEP entered into a Consent Order with the town of Egremont for Water Management Act violations. Egremont agreed to address withdrawal threshold violations that occurred between 1998 and 2004. Within the Order, Egremont agreed to submit a permit if its withdrawals exceed threshold volumes.


Date: 6/30/05
municipality: ['Attleboro']
Text:
  DEP entered into a Consent Order with a $7,500 Penalty involving BETA Community Services, Inc. at 73 Bank Street in Attleboro for Air Quality (Asbestos) violations. DEP received a complaint that a handyman hired by BETA made repairs at a residence to the basement pipes that resulted in the disturbance of asbestos-containing insulation in a laundry and storage area frequented by the residents. BETA failed to notify the Department of this activity at least 10 days prior to performing the renovations. DEP agreed to suspend $5,625 of the Penalty and BETA will perform a Supplemental Environmental Project (SEP) worth $4,250. The SEP requires BETA to perform a survey of each of its properties by licensed asbestos inspector, and thereafter prepare an asbestos-management plan for its properties, and conduct training for all staff including management and maintenance.


Date: 6/29/05
municipality: ['Attleboro']
Text:
  DEP entered into a Consent Order with a $32,475 Penalty regarding Texas Instruments, Inc. at 34 Forest Street, Attleboro for Air Quality violations. The company was found to have exceeded the 12-month rolling period regarding fuel use on multiple occasions, and not notifying DEP. In addition, the company had not amended its permit to identify the appropriate facility contacts and exceeded its opacity (smoke density) limit on two occasions. The Order requires the company to correct these violations and to evaluate the causes of opacity violations and to prevent them.


Date: 6/29/05
municipality: ['Newton']
Text:
  DEP entered into a Consent Order with a $7,500 Penalty involving Hampton Place Condominium Trust in Newton for Waste Site Cleanup violations. DEP determined that The Trust, located at 77 Florence Street, Newton, had performed removal actions without first having submitted a Release Abatement Measure Plan as required.


Date: 6/29/05
municipality: ['Fitchburg']
Text:
  DEP executed a Consent Order with a $12,075 Penalty involving the City of Fitchburg for Industrial Wastewater violations. The City was found to have unauthorized discharge of high strength industrial wastewater to the City's Easterly wastewater treatment facility. In March 2005, the City proceeded with the diversion of paper mill wastes from its Westerly facility to the Easterly facility despite the express written prohibition from DEP. The city will conduct a Supplemental Environmental Project (SEP) through the Nashua River Watershed Association to mitigate $9000 of the Penalty.


Date: 6/29/05
municipality: []
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving Maneule Scata for Waste Site Cleanup violations. Scata failed to assess and cleanup gasoline contamination at 1181 Bennington Street in East Boston. The site was originally reported in 1989 and is not in compliance with cleanup requirements, specifically Tier Classification. Scata purchased the property in January 2000 and received a Notice of Responsibility in December 2004, a Notice of Noncompliance in March 2005, requiring Immediate Response Actions and Tier Classification of the site. Mr. Scata did not comply with the IRA deadlines in the NON, prompting BWSC to initiate higher-level enforcement action that resulted in today's Order.


Date: 6/28/05
municipality: ['Dartmouth', 'Wrentham']
Text:
  DEP entered into a Consent Order with a $26,850 Penalty regarding R.M. Pacella Realty Trust, Inc. for Waste Site Cleanup violations. The Trust failed to notify DEP within two hours of a spill and conducted cleanup actions without approval at 3 Madison Avenue and174 Belcher Street in Wrentham. Initially, DEP conducted a site inspection on 4/5/04 regarding oil sheen on Rabbit Hill Pond. DEP learned that agents/owners of the neighboring Trust had provided absorbent booms & pads to the Wrentham Sportsmen Club (which is a downgradient) on 4/2/04 to contain the oil sheen. Upon initial questioning by DEP, Pacella indicated that a 55-gallon drum (presumably containing waste oil) was dropped off, but knocked over with no records or indications where the waste was disposed. The area where the spill occurred on his property was re-graded with clean soil, as was the Wrentham Sportsmen Club access road in between. This year, the Trust filed the appropriate waste site cleanup final report, on 4/7/05. Part of the Penalty, $20,150, will be a donation to UMASS-Dartmouth, Textile Sciences Dept. to be used to manufacture a shot curtain to prevent shot from entering the adjacent wetlands at the Wrentham Sportsmen Club.


Date: 6/28/05
municipality: ['Newbury']
Text:
  DEP entered into a Consent Order with Steve's Service Station, Inc., 52 Main Street, Newbury to address noncompliance at Steve's Service Station in Newbury with a previous Consent Order signed in 2002. The prior Order was due to the failure to conduct timely response actions regarding cleanup of petroleum contamination at the site. DEP had already issued a Demand for Payment of $2,600 in Stipulated Penalties, and subsequent discussions have now resulted in this Order, which supersedes the prior Order and re-establishes deadlines for completing response actions6/27/05


Date: 6/27/05
municipality: ['Newbury', 'Newburyport']
Text:
  DEP entered into a Consent Order with a $45,000 Penalty involving the city of Newburyport, town of Newbury and D&C Construction for Wetlands violations. DEP determined that during a beach nourishment project, improper material was deposited. The Order calls for the removal of that material and strict adherence to the agreed-upon beach nourishment plan (screening of material). DEP agreed to suspend $30,000 if the parties conduct a Supplemental Environmental Project that involves additional work on a proposed bike path, routing of pedestrian traffic using snow fencing to prevent alteration of the dune and a public education campaign on steps people can take (and steps they shouldn't take) to protect the barrier beach ecosystem.


Date: 6/27/05
municipality: []
Text:
  DEP issued a Demand for $15,000 in Stipulated Penalties to Octagon Realty Trust, the previous owner of the 20-32 Rugg Road property due to violations of the terms of the Administrative Consent Order & Penalty (ACOP) that it had entered into with DEP in April 2002. Octagon Realty Trust had failed to comply with the Order before selling the property in October 2004 .


Date: 6/23/05
municipality: ['Plymouth']
Text:
  DEP entered into a Consent Order with a $10,781.25 Penalty regarding Mobile Home Park in Plymouth. The Park was cited for failure to upgrade a failing Title 5 (septic system) in accordance with the established schedule. The new deadline for completion of upgrades is now 9/30/05. DEP agreed to suspend $9,781.25 of the Penalty provided the deadline date for completion is met. The facility was originally built in 1958. The new Title 5 requires Large System inspections to be performed on a five-year cycle for these type facilities. In July of 2002, this facility received a Notice of Noncompliance for failure to perform the required inspection and they subsequently complied, however, 10 of 20 existing sewage disposal systems inspected were in failure.


Date: 6/23/05
municipality: []
Text:
  DEP entered into a Consent Order with a $2,630 Penalty regarding Ford of Hyannis at 332 Falmouth Road in Hyannis for Hazardous Waste Management and Air Quality violations. DEP determined the company had exceeded its hazardous waste generation limit; had hazardous waste storage area violations; had improper labeling; and, had failed to record volatile organic compound emissions.


Date: 6/23/05
municipality: ['Sandwich']
Text:
  DEP executed a Consent Order with Peter Watts of Watts Family Farm in Sandwich. Peter Watts has an agricultural waste composting operations in Sandwich that is registered with the Department of Food and Agriculture and DEP. The facility is exempt from solid waste site assignment but DEP has documented nuisance odor conditions on several occasions and the facility's acceptance of materials that are not allowed. Under today's Order, Watts Family Farm agrees to cease acceptance of composting materials, submit and implement an odor control plan, and construct a new compost pad.


Date: 6/23/05
municipality: ['Plympton']
Text:
  DEP entered into a Consent Order with a $2,500 Penalty involving Dana R. Galgana of Plympton for Wetlands violations. The property owner received a Superseding Order of Conditions from DEP allowing the construction of a single - family home in the Riverfront Area. The foundation was required to be at least 100 feet from the bank, but instead was constructed 89 feet from the bank. In accordance with the terms of today's Order, Galgana agreed to restore portions of the riverfront area and in order to mitigate the area occupied by the foundation, will plant natural indigenous vegetation.


Date: 6/23/05
municipality: ['Somerville']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding Broadway Brake & Cable in Somerville for Waste Site Cleanup violations. The company, located at 45 Broadway, failed to meet initial deadlines for cleanup, and deadlines later established with DEP in a Notice of Noncompliance and a third deadline. In May 2005, the company submitted a Response Action Outcome (no further action) regarding this site.


Date: 6/23/05
municipality: ['Swampscott', 'Windsor']
Text:
  DEP entered into a Consent Order with Kenneth Johnson of Swampscott for Waste Site Cleanup violations. Johnson agreed t o submit a Response Action Outcome (no further action) by 11/4/07. The lead-contaminated site, located at Windsor & Sampson Avenue, was originally reported to DEP in 1998 and was classified as a Tier II site in 2002. No comprehensive response actions were conducted thereafter. Johnson purchased the property in January of 2005, and previously had been unable to meet the deadlines but has now agreed to bring the site into compliance and to submit an RAO prior to the deadline.


Date: 6/23/05
municipality: ['Boston']
Text:
  DEP entered into a Consent Order with PetroleumTech, Inc. of 2022 Commonwealth Ave. in Brighton (Boston) for Waste Site Cleanup violations. The company agreed to submit reports to bring the cleanup back into compliance, including Phase III Report By September 1, 2006, a Phase IV Report by December 1, 2006 and a Response Action Outcome Statement to DEP on or before February 1, 2007. The site was originally reported to DEP due to oil in groundwater on 8/13/01. The site was classified as a Tier II site in 2002, but no comprehensive response actions were conducted thereafter.


Date: 6/23/05
municipality: ['Warren']
Text:
  DEP entered into a Consent Order with a $25,000 Penalty involving the town of Warren for the un-permitted breach of a beaver dam. The town's actions resulted in downstream impacts. The Town is required to develop a Beaver Management Plan to assist the town in being proactive in managing beaver concerns and to minimize development of beaver dams, to avoid future un-permitted dam breaches and to ensure controlled releases of impoundments following any dam breach. DEP agreed to suspend $21,000 of the penalty if the Town completes the Beaver Management Plan including submission of monitoring reports to the Department for one year.


Date: 6/23/05
municipality: ['Boston']
Text:
  DEP entered into a Consent Order involving Rugg Road Realty Trust in Allston (Boston) for Waste Site Cleanup violations. The Trust is owner of the property at 20-32 Rugg Road, and the Order establishes a compliance schedule, including an ongoing Immediate Response Action for an Imminent Hazard condition due to indoor air contamination. Under the Order, a final Response Action Outcome (RAO) Statement for the site is due by 5/30/07.


Date: 6/22/05
municipality: []
Text:
  DEP entered into a Consent Order with a $31,635 Penalty involving Sun Life Assurance Company of Canada (re


Date: 6/21/05
municipality: []
Text:
  DEP entered into a Consent Order with a $7,500 Penalty regarding MSI Realty Trust 76 Arsenal Street in Watertown regarding Waste Site Cleanup violations. The petroleum-contaminated site was first reported to DEP in 1998 and was classified as Tier II in 1999. However, additional cleanup deadlines have been missed. Last October, DEP issued a Notice of Noncompliance (NON) citing the missed deadlines as violations. MSI's failure to comply with the requirements of the NON prompted DEP to initiate higher-level enforcement. Subsequent discussions resulted in today's Order that establishes deadlines for completing response actions. DEP agreed to suspend the Penalty pending compliance with the Order.


Date: 6/21/05
municipality: ['Northbridge']
Text:
  DEP issued a Unilateral Administrative Order to Henry Coz, and Shining Rock Golf Community, LLC, leasing tenant of a well field site off Sutton Street in Northbridge, that is adjacent to the Blackstone River. Violations observed include clearing and grading in the Riverfront Area, as well as, re-routing an intermittent stream on the property without a permit. The Order requires these parties to cease further alterations and to submit for approval a restoration plan. Penalties will likely be assessed.


Date: 6/21/05
municipality: ['Weston']
Text:
  DEP entered into a Consent Order with a $9,000 Penalty involving Dr. and Mrs. James Rippe of 475 Glen Road in Weston for Wetlands violations. The Order gives a schedule for wetland remediation, maintenance (including invasive species control), and monitoring activities on the site over a specific period of years, along with complete copies of the remediation plan(s) and schedule report to DEP and the local con-com. DEP agreed to suspend $6,000 of the Penalty pending completion of a Supplemental Environmental Project involving the development and distribution of a pamphlet on recent Wetlands Protection Act changes.


Date: 6/21/05
municipality: ['Malden']
Text:
  DEP entered into a Consent Order with a $17,250 Penalty involving Massachusetts Site Developers Inc. of Malden for Air Quality violations. MSD installed and operated a diesel engine powered rock-crusher at its facility in Malden prior to DEP approval. In addition to the penalty, MSD is required to update their plan application; MSD also agreed to retrofit the subject diesel engine with a particulate filter control device at a cost of approximately $29,000.


Date: 6/21/05
municipality: []
Text:
  DEP issued $500 Penalty Assessment Notice to the following facilities for failure to submit emissions data as required


Date: 6/20/05
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with a $1,250 Penalty regarding Kenneth Bousquet (Boulevard Auto Parts) of Springfield for Hazardous Waste violations. DEP discovered the violations burning waste oil in a space heater without certification during a 7/29/04 inspection. Bousquet transferred ownership of the facility on 1/26/05.


Date: 6/20/05
municipality: ['Brimfield']
Text:
  DEP entered into a Consent Order with Lester Twarowski d/b/a Village Green Family Campground in Brimfield. The agreement with this large Title 5 (septic system) operator will address the presence of systems within the Interim Wellhead Protection Area of the public water supply wells. The owner has agreed to submit a plan to bring the systems into compliance. Pending the site coming into compliance, the owner will perform regular nitrogen sampling of the wells.


Date: 6/20/05
municipality: ['Hancock']
Text:
  DEP entered into a Consent Order with Berkshire Vista Resort, Inc. in Hancock. The agreement with this large Title 5 (septic system) operator will address the presence of components of septic systems (tanks, pipes) within the Zone I and the Interim Wellhead Protection Area of the public water system wells of the campground. The owner agreed to submit a complete inspection and a plan to bring the system into compliance. Pending the site coming into compliance, the owner will perform regular nitrogen sampling of the wells.


Date: 6/20/05
municipality: ['Sandisfield']
Text:
  DEP issued a Unilateral Administrative Order and $300 Penalty Assessment Notice to Silverbrook Cafe in Sandisfield. The Cafe which functions as a public water supply was cited for failure to monitor for bacteria.


Date: 6/20/05
municipality: ['Rowe']
Text:
  DEP issued a Unilateral Administrative Order to Yankee Atomic Electric Co. in Rowe regarding the disposition of concrete shield blocks from within the reactor support structure. These blocks were generated during decommissioning activities and in 1999 were the subject of a DEP's Beneficial Use Determination approval. Tests, however, conducted after that approval revealed these blocks contained low levels of tritium. Today's Order requires information regarding the present location, condition and ownership of the blocks.


Date: 6/20/05
municipality: ['Newburyport']
Text:
  DEP entered into a Consent Order with Wojicki & McPartland Development in Newburyport regarding Wetlands violations at the Savory Street Extension project. DEP staff observed violations of a Final Order of Conditions (failure to complete work) during a site visit related to a request for a Certificate of Compliance.


Date: 6/17/05
municipality: ['Wayland']
Text:
  DEP entered into a Consent Order with Wayland/Sudbury Septage Committee to reduce nitrate levels that currently exceed its groundwater discharge permit. The committee agrees to commence a pilot test (sand filter) to reduce nitrate levels and thereafter submit an evaluation report, construction schedule with full compliance (traditional denitrification technology) on or before 9/15/07.


Date: 6/17/05
municipality: ['Southampton']
Text:
  DEP issued a Unilateral Order to the Southampton Water Department in Southampton. The DEP is requiring the Department to conduct source bacteria monitoring and a series of quarterly monitoring reports for specific contaminants relative to a well that was brought into use without final DEP approval. The Department will follow-up with additional enforcement actions related to permit violations and placing of the well into use without final approval.


Date: 6/16/05
municipality: []
Text:
  DEP executed a Consent Order with a $4,320 Penalty regarding Worcester Polytechnic Institute for Air Quality violations. WPI had numerous opacity violations (visible emissions) from it oil boilers. DEP agreed to suspend the Penalty provided WPI complete the ongoing project to install new natural gas boilers to heat their campus buildings by January 2006.


Date: 6/16/05
municipality: []
Text:
  DEP executed a Consent Order with a $13,000 Penalty involving the Worcester Natural History Society for Air Quality and Hazardous Waste violations. The Society, which operates an environmental educational center known as the EcoTarium was found to have self-transported waste oil to unapproved facilities; failed to follow proper management requirements associated with its waste oil generation; and, failed to operate in compliance with its Air Quality approval. Also, EcoTarium failed to accurately complete an Air Emission Statement form. Under the terms of the Order, the EcoTarium with the completion of a two-part Supplemental Environmental Project (SEP) DEP agreed to suspend $9,750 of the Penalty. One part of the SEP includes the installation of catalytic converters and fuel ratio controllers on its generator engines that will substantially reduce (up to 90%) Nitrogen Oxide emissions generated by the facility. The second part involves the installation of an engine oil filtration system that will allow extended use of the engine oil, thus decreasing waste oil generated.


Date: 6/14/05
municipality: ['Cohasset']
Text:
  DEP entered into a Consent Order with Sandy Beach Association and the Town of Cohasset for Wetlands violations. The Massachusetts Coastal Zone Management (CZM) observed in June 2004 noted that work on Sandy Beach exceeded allowable activities. The Association and the town are now required to conduct a five-year study to be used to evaluate current beach management practices.


Date: 6/14/05
municipality: ['New Bedford']
Text:
  DEP issued an $11,700 Penalty Assessment Notice to Jose Borges Jr. of New Bedford for Air Quality (asbestos) violations. An inspection by DEP of Sapatinha Cafe Inc., a restaurant/lounge owned by Borges in New Bedford discovered that friable asbestos containing pipe insulation material in the basement where the boiler was located. DEP also observed several waste barrels located outside the building that contained broken sections of friable asbestos transite board mixed with construction debris and trash. Borges, an independent contractor who remodeled the building, was penalized for failing to properly notify the Department of the asbestos abatement activities and failing to use proper management practices in the removal, handling and disposal of asbestos containing materials in order to protect the public and workers from exposure to friable asbestos.


Date: 6/14/05
municipality: ['Carver']
Text:
  DEP issued a Unilateral Administrative Order to Kevin Ferreira, Vernon Ferreira and K&V Construction of Carver


Date: 6/13/05
municipality: ['Attleboro']
Text:
  DEP executed a Consent Order with a $4,000 Penalty involving 947 Newport Convenience & Gas, LLC in Attleboro for Waste Site Cleanup violations. The company had failed to notify and perform an immediate response action without approval. In addition to the Penalty, the agreement calls for $5,000 to go towards or employee training in spill awareness and notification procedures, and a $5,000 donation to the Massachusetts Environmental Trust fund.


Date: 6/13/05
municipality: ['Boston']
Text:
  DEP entered into a Consent Order with a $34,525 Penalty regarding Anze Management in Roxbury (Boston) for Air Quality (Asbestos) violations. Anze was conducting demolition activities at 37-55 Warren Street, but violations found included removing and storing asbestos improperly and failure to submit notification for the work. DEP agreed to suspend $34,525 of the Penalty, but if Anze does not fully comply with all asbestos-demolition regulations and the terms of the Order for a period of two years, the remaining $34,525 of the Penalty will be due.


Date: 6/8/05
municipality: ['Springfield']
Text:
  DEP's Commissioner issued a final decision on the Cottage Street Landfill in Springfield, effectively settling the appeal of a Unilateral Administrative Order DEP had issued on 1/21/05. The final decision executed an Administrative Consent Order between the Department and Waste Management of Massachusetts that provided for the installation of a new flare and pre-treatment to remove hydrogen sulfide from the gas stream at the landfill.


Date: 6/6/05
municipality: ['Acton', 'Shirley']
Text:
  DEP issued a $28,457 Penalty Assessment Notice to Lazaro Paving Corporation of Acton, for processing waste asphalt and construction rubble in 2004 at a site it owns in Shirley. The processing operations site was not site assigned for this activity, nor did it have other necessary solid waste permits. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 6/6/05
municipality: ['Fitchburg', 'Westminster']
Text:
  DEP executed a Consent Order with an $860 Penalty involving Glen A. Heins, a demolition contractor in Westminster for Air Quality violations. DEP determined that Heins failed to submit notification of demolition work to the DEP as required for demolition work done in Fitchburg.


Date: 6/6/05
municipality: ['Spencer']
Text:
  DEP entered into a Consent Order with a $19,312 Penalty involving Ms. Rhea Huard of Spencer for Air Quality (Asbestos) violations. During an inspection of a home owned by Huard, DEP found friable asbestos-containing insulation was improperly removed from the overhead heating pipes and stored in the basement in an unmarked 55-gallon drum. Huard failed to notify the DEP of a demolition/renovation operation involving asbestos-containing material. In addition, Huard failed to seal the work area, failed to use local exhaust ventilation while removing asbestos containing material and failed to label asbestos waste materials. DEP agreed to suspend $19,062 of the Penalty due to financial hardship.


Date: 6/6/05
municipality: []
Text:
  DEP entered into a Consent Order with a $30,000 Penalty involving K Rooney, Inc. located at 686 Main Street in Weymouth for Waste Site Cleanup violations. The company, which owns a contaminated site at 686 Main Street in Weymouth, failed to submit reports and achieve a Response Action Outcome (RAO) within the deadlines. DEP had already issued a Notice of Noncompliance relative to the failure on 2/26/04. Under today's Order, new deadlines have been established with the submittal of an RAO due by 6/6/06. DEP agreed to suspend $15,000 of the Penalty pending compliance with the Order.


Date: 6/6/05
municipality: ['Canton']
Text:
  DEP entered into a Consent Order with a $30,000 Penalty involving Canton Corner Real Estate Trust in Canton for Waste Site Cleanup violations. The Trust failed to meet deadlines established in a previous Consent Order (Jan/03). The Trust had begun the cleanup of 1158 Washington Street in Canton, and had tier classified (1C) the site, but failed to submit a (final) Response Action Outcome (RAO) document by the deadline. DEP agreed to suspend $15,000 of the Penalty provided all terms of the Order are met including the submittal of the final RAO.6/3/05


Date: 6/3/05
municipality: ['West Bridgewater']
Text:
  DEP entered into a Consent Order with a $23,000 Penalty involving Russo's Greenhouses of West Bridgewater for Wetlands violations. Approximately one-and-a-half acres of Bordering Vegetated Wetlands within the Hockomock Swamp Area of Critical Environmental Concern had been cleared and filled between May 1996 and May 2001. The case was reported in the Wetlands Change press release. The area is used to grow and store potted plants as part of the greenhouse operation. In today's Order signed by Russo's, the company will restore the altered area. DEP agreed to suspend $11,500 of the Penalty pending compliance.6/3/05


Date: 5/31/05
municipality: ['Shrewsbury']
Text:
  DEP entered into an agreement with Mandli Corporation of Shrewsbury regarding air quality, hazardous waste and environmental results program violations. Mandli, d/b/a Empire Dry Cleaning, agreed to pay $3,600 of an $8,376 penalty, while DEP agreed the balance of the penalty will be suspended if the company commits no additional violations in the coming year.5/31/05


Date: 5/31/05
municipality: ['Stoughton']
Text:
  DEP issued a Unilateral Order and an $8,500 Penalty Assessment Notice to the Town of Stoughton for wetlands violations. The town conducted work without a valid Order of Conditions and altered bordering vegetated wetlands (BVW) without a permit. The Town initially proposed temporary alterations, but then permanently altered 1300 square feet of BVW. DEP had issued a Superseding Order of Conditions that allowed limited work concerning a sewer extension at Holbrook Ave and Hollytree Road, but the town failed to submit a written request to the DEP as to whether or not changes in their plan, would require a new approval.


Date: 5/31/05
municipality: ['Saugus']
Text:
  DEP entered into a Consent Order with a $30,000 Penalty involving North Shore Homes in Saugus for Waste Site Cleanup violations. The property at 71-73 Vine St where the company failed to conduct the required cleanup actions. Previously, DEP had issued a Notice of Audit Findings and Notice of Noncompliance on 10/31/00. Today's Order establishes a compliance schedule for completion of necessary response actions. DEP agreed to suspend $20,000 of the Penalty provided all terms of the Order are met.5/27/05


Date: 5/27/05
municipality: ['Waltham']
Text:
  DEP entered into a Consent Order with a $16,500 Penalty regarding Vantage Builders Inc. for asbestos violations at 100 Revere Beach Parkway. Vantage, a general contractor based in Waltham, was conducting the removal of asbestos containing floor tile at the aforementioned site. Vantage had not filed an asbestos notification, or demolition notification. DEP agreed to suspend $12,050 of the Penalty provided all terms of the Order are met.5/26/05


Date: 5/26/05
municipality: ['Fitchburg']
Text:
  DEP issued a Consent Order with a $54,590 Penalty regarding Stalin and Devamony Osuri (residents) of Fitchburg for Asbestos violations. DEP determined that a notification for a demolition/renovation operation involving asbestos-containing material (pipe insulation) was not submitted. Additional violations included


Date: 5/26/05
municipality: ['Saugus']
Text:
  DEP issued a Consent Order with a $25,000 Penalty involving Patty's Auto Parts in Saugus for Hazardous Waste violations. An investigation by DEP and the Environmental Strike Force was carried out at the company's facility at Lot 2A Salem Turnpike, Rt. 107. The company agrees to bring the facility into compliance and conduct ongoing Immediate Response Actions in accordance with an existing Conditional Approval Letter. DEP agreed to suspend $15,000 of the penalty provided all terms of the Order are met.5/25/05


Date: 5/25/05
municipality: ['Lowell']
Text:
  DEP executed a Consent Order with a $1,550 Penalty involving Specialty Minerals of Lowell for Air Quality violations. The company, which is located at 1449 Middlesex Street, exceeded Volatile Organic Compound emission limits. Under a 1999 Restriction Emission Status permit the company had voluntarily sought, it exceeded the agreed-upon VOC emission limits.


Date: 5/24/05
municipality: ['Gloucester']
Text:
  DEP issued a Unilateral Order to the City of Gloucester due to Water Pollution Control violations, repeated discharges from the city's publicly-owned treatment works. In particular, on 5/8/05 and into 5/9/05 a power surge, and subsequent equipment failure, led to approx. 600,000 gallons of partially treated sewage to be discharged into the Annisquam River. Today's Order requires the city to properly treat such discharges and to notify, the DEP, the DMF (Shellfish Program), and the board of health. Also the city must notify the public at large in the form of posted signs. Enforcement discussions relative to this incident are ongoing, including a possible penalty.


Date: 5/24/05
municipality: ['Seekonk']
Text:
  DEP entered into a Consent Order with a $690 Penalty involving Tasca Lincoln-Mercury, a car dealership in Seekonk, for Hazardous Waste violations. DEP determined during an inspection on 4/13/05 that the company, which operates a car repair facility on site as well, was improperly managing and storing its oil and hazardous waste. The Order establishes a schedule for registering the correct generator status, and for bringing the facility into compliance.


Date: 5/24/05
municipality: ['Plymouth']
Text:
  DEP entered into a Consent Order with a $16,320 Penalty regarding All Site Excavating, Inc. at 171 Ship Pond Road in Plymouth for Waste Site Cleanup violations. The company failed to report a 50-gallon diesel fuel release and conducted cleanup actions without DEP approval. The fuel release occurred at a gravel pit located within a Town of Plymouth drinking water supply area (Zone II) and was not reported to either DEP or the Plymouth Fire Department. In addition to paying $12,820 of the Penalty, the company will perform a Supplemental Environmental Project (SEP), producing an internal audit to be used for training of its personnel and clients (i.e. job sites). Once new best management practices are developed, the company will implement them in the future in order to address its past environmental compliance issues. DEP agreed to suspend $3,500 of the Penalty upon completion of the SEP.


Date: 5/23/05
municipality: []
Text:
  DEP entered into a Consent Order involving CJ Crosstown LLC located at 800 Albany Street in Roxbury and formerly known as National Lead Co. for waste site cleanup violations. The company, which is seeking to redevelop the site, failed to submit cleanup reports, including final documents, within the established deadline. CJ also failed to remove soil stockpiles and meet deadlines established in a Notice of Noncompliance. Today's Order establishes a compliance schedule for completion of necessary response actions.


Date: 5/23/05
municipality: ['Worcester']
Text:
  DEP entered into a Consent Order with a $14,500 Penalty regarding Rand-Whitney Container LLC of Worcester for Air Quality, Hazardous Waste and Industrial Wastewater violations. A DEP inspection determined the company caused a condition of air pollution, failed to keep adequate records, generated waste oil in excess of its registered status, failed to post a sign and mark its accumulation area, failed to adequately label containers and discharged boiler water to a storm drain. Under a Supplemental Environmental Project (SEP), the company agreed to provide the Fire Department for the City of Worcester seven (7) gross decontamination shower units. The DEP, in turn, agreed to suspend $7,410 of the Penalty, provided the SEP is completed.


Date: 5/20/05
municipality: ['Warwick']
Text:
  DEP entered into a Consent Order with a $7,000 Penalty involving David and Emily Koester (residents) of Warwick for Wetlands violations. DEP determined that the Koesters cleared a portion of the Riverfront Area adjacent to their home. The work was done to expand the open area around the home. The Koesters have agreed to hire a wetland scientist to prepare a restoration plan and to document implementation of that plan. DEP agreed to suspend the entire Penalty dependent upon compliance with the Order.


Date: 5/20/05
municipality: ['Rockland']
Text:
  DEP issued a Unilateral Order to Ernesto V. Caparrotta of Rockland for violations involving a bordering vegetated wetland (BVW). DEP determined that Caparrotta engaged in the filling of greater than 5,000 s.f. of BVW without receiving a 401 Water Quality Certification Permit. Today's Order requires Caparrotta to immediately cease and desist from any unauthorized activity under the water pollution control regulations. Additional DEP actions will address the filling violations.


Date: 5/20/05
municipality: ['Newburyport']
Text:
  DEP entered into a Consent Order with an $81,000 Penalty involving Nelson Seidl of 526 Merrimac Street in Newburyport for Wetlands violations. DEP determined that Seidl had filled/altered 45,000 s.f. of bordering vegetated wetlands (BVW) at 526 Merrimac Street in Newburyport without a valid or final order of conditions. Seidl agreed to submit a restoration plan for approval by 7/5/05, complete the work by 11/28/05, and submit monitoring reports until 2010. DEP agreed to suspend $56,000 of the Penalty provided the restoration is on schedule as of 9/30/05.5/20/05


Date: 5/20/05
municipality: ['Gloucester']
Text:
  DEP issued a Unilateral Order to the City of Gloucester for Wetlands violations at Wingarsheek Beach. During a 5/15/05 inspection, DEP observed heavy equipment in place within the coastal resource area without approval. DEP had previously issued an NON to the city on 9/13/04 regarding related violations. Today's Order requires the city to now have in place on 5/27/05 snow-fencing and signage preventing access to the impacted area.


Date: 5/18/05
municipality: ['Athol']
Text:
  DEP issued a Unilateral Order to EJT Management of Athol for Hazardous Waste violations. The Order requires EJT to comply with regulations in the cleanup of the now defunct Athol Table Company. EJT is the new owner of the property.5/18/05


Date: 5/18/05
municipality: ['Longmeadow']
Text:
  DEP and the MA Attorney General's Office entered into an agreement with the Town of Longmeadow DPW and the following individuals


Date: 5/18/05
municipality: ['Westport']
Text:
  DEP entered into a Consent Order with a $460 Penalty regarding Pine Hill Auto Repair, Inc. of Westport for Hazardous Waste and Title 5 (septic system) violations. The company owns a gasoline station with repair shop that DEP inspected on 4/13/05. The Order establishes an aggressive schedule for returning the facility to compliance


Date: 5/17/05
municipality: ['Marion', 'Randolph']
Text:
  DEP entered into a Consent Order with the town of Marion and End-Cap Technologies of Randolph concerning the closure and capping of the municipal 9-acre unlined/uncapped landfill at Benson Brook Road. The closure/capping will be performed in accordance with the DEP's unlined landfill closure guidelines and policy and use a combination of mildly-contaminated soils, dredge spoils and C&D &quot;fines&quot;. The closure/capping process will be accomplished over a three (3) year period (i.e. two years to fill, grade and shape; one year to cap).5/16/05


Date: 5/16/05
municipality: ['Northbridge']
Text:
  DEP issued a Unilateral Order to the Whitinsville Water Company in Northbridge for Wetlands violations. The company is ordered to cease and desist from ongoing violations including clear-cutting of approximately two acres of Riverfront Area (within 10 feet of the Blackstone River in some areas) adjacent to the Blackstone River, dredging of approximately 500 linear feet of Bank of an unnamed stream and filling of an undetermined amount of bordering vegetated wetlands associated with the stream and the Blackstone River. DEP viewed the site with the local Conservation Commission on May 4 and again on May 16 and observed the violations. The Order also requires the preparation of a wetlands restoration plan.5/16/05


Date: 5/11/05
municipality: ['Fitchburg', 'Westminster']
Text:
  DEP executed a Consent Order with a $16,000 Penalty regarding Resource Control, Inc. (a subsidiary of Waste Management, Inc.), for Wetlands violations that took place at the Fitchburg/Westminster landfill. Armed with information obtained through the use of infrared aerial digital photography, DEP representatives conducted an inspection of the facility in April 2004 and observed that activities associated with the expansion, construction and operation of the landfill had eliminated wetland resource areas. DEP personnel confirmed that more than one-acre area of bordering vegetative wetlands and associated stream bank had been filled. In addition to the Penalty, the Order requires a wetlands restoration and replication plan that will result in replacement of the filled wetlands.5/11/05


Date: 5/9/05
municipality: ['Springfield']
Text:
  DEP issued a $4,660 Penalty Assessment Notice to Al Grimaldi Oil and Burner Service of Springfield for Air Quality (Stage II vapor recovery) violations. The violations were discovered during a DEP inspection of the Allen Street facility on 8/25/04. Following the inspection, DEP issued a Notice of Noncompliance for the violations, which a subsequent inspection (on 11/3/04) revealed had not been remedied as well as additional violations.


Date: 5/9/05
municipality: []
Text:
  DEP entered into a Consent Order with a $65,000 Penalty involving John L. Melville, 8 Pine Street of Middleboro for Wetlands violations and Water Management Act violations. DEP determined the violations by using Geographic Information System (GIS). Melville altered over 4.65 acres of bordering vegetated wetland, 0.25 acre of land under water, along with working in other resource areas without the necessary wetlands permits. It was also determined that Melville cultivates over 27 acres of cranberry bogs without a Water Management Act permit. Today's Order requires Melville to restore and replicate the impacted wetlands, apply for a Water Quality Certificate, and apply for a Water Management Act permit. DEP agreed to suspend $60,000 of the Penalty provided Melville comply with the Order.


Date: 5/9/05
municipality: ['Fitchburg', 'Sutton']
Text:
  DEP issued a $47,150 Penalty Assessment Notice to Ranger Inc. of Fitchburg for Air Quality (Asbestos) violations. DEP determined that Ranger, a construction and demolition company headquartered in Sutton, violated asbestos regulations during a demolition project in Fitchburg in July 2004. Ranger's violations included failure to notify the Department and failing to employ methods to prevent emissions to the ambient air.


Date: 5/9/05
municipality: ['Sudbury']
Text:
  DEP issued a $34,500 Penalty Assessment Notice to the town of Sudbury for Solid Waste violations in failing to report excessive methane gas at the town's landfill (10% above the lower explosive limit in utility manhole and 25% above the threshold at the property's boundary). The exceedences - and failure to notify the DEP within two hours as required - took place in late 2003 and were later revealed in a filing with the DEP in 2004.


Date: 5/6/05
municipality: ['Marshfield']
Text:
  DEP issued a Unilateral Order to Dana Blackman of Marshfield for Wetlands violations. DEP determined that Blackman was responsible for the alteration of a stone revetment and the fill of approx. 200 s.f. of salt marsh without any permits from Marshfield Conservation Commission. DEP's Order requires the violator to immediately cease and desist from any activity within jurisdiction of the Wetland Protection and within thirty (30) days file a Notice of Intent with the Marshfield Conservation Commission.


Date: 5/6/05
municipality: ['Marion']
Text:
  DEP issued a Unilateral Order to Arthur Walker of Marion for Wetlands violations. DEP determined that Walker was responsible for cutting of wetland vegetation and installing fence posts within a bordering vegetated wetland without any permits from the Marion Conservation Commission. The Order required the violator to cease and desist from any activity within jurisdiction of the Wetland Protection Act and within forty-five (45) days upon receipt of the Order file a Notice of Intent with the Marion Conservation Commission.


Date: 5/6/05
municipality: []
Text:
  DEP entered into a Consent Order with a $38,000 Penalty regarding Joseph Pizziferri for Waste Site Cleanup violations at 31-39 Allerton Street in Roxbury. Pizziferri failed to submit Phase Reports and achieve a Response Action Outcome (RAO) within the deadlines established by DEP. New deadlines require the submittal of an RAO by 7/15/06. DEP agreed to suspend $15,000 of the Penalty provided all terms of the Order are met.


Date: 5/6/05
municipality: ['Lynn']
Text:
  DEP entered into a Consent Order with a $4,000 Penalty involving Patricia Pike for Wetlands violations at a Walnut Street property in Lynn. DEP determined during an inspection on 3/29/04 that 700 feet of bordering vegetated wetlands and a portion of the buffer zone had been filled with soil, rock and wood debris. Pike agreed to restore the impacted area; DEP agreed to suspend $1,500 of the Penalty provided all terms of the Order are met.


Date: 5/6/05
municipality: ['Peabody']
Text:
  DEP entered into a Consent Order with Emilien Verrette for Waste Site Cleanup violations at 34 Railroad Ave in Peabody. Verrette, owner of the site, failed to submit timely cleanup reports, including the Response Action Outcome (RAO) within the established deadlines. New deadlines have now been set to return the site to compliance with an RAO due no later than 2/1/06.5/6/05


Date: 5/5/05
municipality: ['Framingham']
Text:
  DEP entered into a Consent Order with Genzyme Corp. of 1 Mountain Road in Framingham. Today's Order formalizes the shutdown of an infectious waste incinerator. Previously, compliance testing had indicated the unit could not meet emission limitations. Should the company wish to re-start the unit, it must now submit request for approval using Best Available Control Technology.5/5/05


Date: 5/5/05
municipality: ['Millbury', 'Sutton']
Text:
  DEP entered into a Consent Order with an $8,750 Penalty regarding Discover Marble and Grant Inc. The company was cited for Air Quality, Industrial Wastewater and Environmental Results Program violations regarding its former manufacturing facility at 12-D John Road in Sutton. Discover is a manufacturer of stone counter tops currently based in Millbury. DEP discovered the violations while responding to a complaint from local officials of strong chemical odors at the Sutton site. Members of the Sutton Fire Department and Board of Health assisted DEP (Emergency Response & Strike Force) in identifying the pollution sources and assessing health and safety risks. During inspections conducted in May and June of 2004, DEP determined that the Company had caused a condition of air pollution (dust) and directly discharged industrial wastewater without a permit to a storm drain system leading to surface water. Additionally, inspectors found that the Company installed an industrial wastewater holding tank without submitting a holding tank certification.


Date: 5/4/05
municipality: ['Bedford']
Text:
  DEP entered into a Consent Order with a $19,375 Penalty involving Mykrolis Corp. of 80 Ashby Road in Bedford for Air Quality violations. During review of the facility's compliance reports, violations of the facility's twelve-month rolling period for volatile organic compounds (VOC) emission limitation were determined. The company has agreed in the Order to employ pollution prevention principles to attain compliance with the facility's VOC limits.5/4/05


Date: 5/3/05
municipality: ['Millville']
Text:
  DEP executed a Consent Order with a $55,895 Penalty involving Barbara Gunter of Millville for Air Quality (Asbestos) violations. DEP observed during an inspection that asbestos shingles and household hazardous wastes, generated as part of a residential demolition, being stored on property owned by Gunter. In addition to failing to notify the DEP, Gunter allowed the handling of asbestos-containing material, failed to properly wet, seal, label, and properly store asbestos waste materials. DEP agreed to suspend $55,595 of the Penalty based financial hardship. The proper removal and disposal of the asbestos and hazardous waste has been achieved.


Date: 5/3/05
municipality: ['Danvers', 'Lynn']
Text:
  DEP entered into a Consent Order with a $6,500 Penalty regarding Lessard Environmental Inc. for Waste Site Cleanup violations at a gasoline-contaminated site in Lynn. Lessard, which is based in Danvers, stated in a September 2004 filing with DEP that a stockpile of contaminated soil had been properly removed and disposed in the early 1990s. Lessard did not have adequate verification of that fact. It was later acknowledged that the contaminated soil stockpile had been inappropriately spread over the site prior to Lessard's involvement. With proper level of diligence by Lessard, this fact should have been detected. A separate enforcement action against the PRP is pending.5/2/05


Date: 5/2/05
municipality: ['Georgetown']
Text:
  DEP entered into a Consent Order with a $40,000 Penalty involving G. Mello Disposal Corp. of Georgetown for Solid Waste violations. DEP inspected the transfer station run by Mello in July 2004, and determined the violations included the receipt of solid waste in excess of their permit, and operations inconsistent with the Operation & Maintenance (O&M) plan. The Order requires Mello to return to compliance, and submit a new O&M plan. Mello took prompt action after the inspection to comply, and DEP agreed to suspend $30,000 provided there are no repeat violations within one year. Mello also agreed to complete a Supplemental Environmental Project (SEP) at a cost of $5,000 to provide free waste collection and recycling services to the Georgetown School District.5/2/05


Date: 4/29/05
municipality: ['Sheffield']
Text:
  DEP entered into a Consent Order with a $5,750 Penalty regarding the Sheffield Transfer Station for waste site cleanup violations. The town submitted late notification of a hydraulic oil spill at its transfer station on Barnum Road in Sheffield. The release occurred on 10/9/04, and was discovered by a DEP inspector during an unannounced compliance inspection performed on 10/13/04. The release was determined to be in the 20-30 gallon range. Town officials, upon being advised of the violation, immediately retained a contractor to clean up the spill. The town has now agreed to prepare emergency response procedures for all its agencies, and retrain employees on responding to releases of oil and hazardous materials. DEP agreed to suspend $4,750 of the Penalty provided all terms of the Order are met.


Date: 4/28/05
municipality: ['Beverly']
Text:
  DEP entered into a Consent Order involving Silva's Tire Depot Inc. located at 383 Cabot Street, Beverly for Waste Site Cleanup violations. Silva's failed to finish the cleanup within the established deadline, five years. Silva agreed to submit a Response Action Outcome Statement (no further action) by 2/25/07; DEP agreed to impose stipulated penalty of $1,000/day/per violation if all terms of the Consent Order are not met.4/28/05


Date: 4/27/05
municipality: ['Concord']
Text:
  DEP issued a boil order for Nine Acre Farm at 1637 Sudbury Road in Concord. The Farm reported repeated detections of total coliform bacteria in the water supply. The Farm, which is owned by Taranto Realty Trust, operates a small variety store, and is a DEP-approved public water supply system (transient non-community).4/27/05


Date: 4/26/05
municipality: ['Boston']
Text:
  DEP executed a Consent Order with a $9,250 Penalty involving Boston and Main Corporation for hazardous waste violations at its facility in East Deerfield. B&M, with offices located in North Billerica, was cited for hazardous waste management violations discovered during a DEP inspection on 6/30/04. Waste oil had been stored at this facility in excess of the time limit allowed under state regulations. As part of the settlement agreement, Boston & Maine has agreed to implement measures to prevent this violation from reoccurring.


Date: 4/26/05
municipality: []
Text:
  DEP entered into a Consent Order with a $500 Penalty regarding solid waste violations at the Holland Landfill. The town was cited for failing to address environmental monitoring violations at the closed solid waste landfill on East Brimfield Road. In addition to the Penalty, the town will be required to meet strict deadlines with respect to future environmental monitoring at the landfill.


Date: 4/25/05
municipality: []
Text:
  DEP entered into a Consent Order with a $11,736 Penalty involving General Sandblasting Co., for hazardous waste and air quality violations. A multi-media inspection revealed the company exceeded hazardous waste accumulation amounts allowed for a VSQG, failed to submit an accurate and complete source registration, and failed to comply with the permitted operating conditions. Today's Order ensures compliance with regulations including the installation of a powder coating line to decrease their volatile compound emissions. The total estimated cost of the equipment is $100,000. DEP agreed to suspend $5,868 of the Penalty provided all terms of the Order are met.


Date: 4/25/05
municipality: ['Cheshire']
Text:
  DEP issued a Demand Letter for $16,000 payment from Lakeside Restaurant in Cheshire. DEP issued the demand for payment after having already issued a notice of noncompliance to this public water system for noncompliance with a previous order.


Date: 4/22/05
municipality: ['Newton']
Text:
  DEP entered into a Consent Order with Marel Inc. for Waste Site Cleanup violations at 420 Watertown Street, Newton. Marel, which owns the site, failed to complete the cleanup of the site, Central Drapery Cleaning and Dry Cleaning, within the established deadline, five years. A compliance schedule is established under today's Order, which also stipulates penalties of $500/day/per violation if all terms of the Order are not met.4/22/05


Date: 4/22/05
municipality: ['Worcester']
Text:
  DEP executed a Consent Order with a $14,000 Penalty involving Worcester Paradise Point Realty Trust in Worcester for wetlands violations. The Trust failed to prevent erosion and sedimentation to Poor Farm Brook at their subdivision project off East Mountain Street in Worcester. The Order requires the owner to prevent further violations and to submit a wetlands restoration plan within 60 days and a fisheries inventory and habitat evaluation within 90 days.4/22/05


Date: 4/21/05
municipality: ['Somerset']
Text:
  DEP entered into a Consent Order with a $690 Penalty involving Max Motors, Inc. d/b/a Somerset Chrysler Jeep in Somerset. The company was cited for hazardous waste violations. Somerset Chrysler Jeep is a car dealership with an auto repair shop and agreed to establish an aggressive schedule to bring the facility into compliance regarding proper management of oil and hazardous waste. The facility must also conduct an evaluation to determine the discharge location of its on-site oil/water separator.


Date: 4/21/05
municipality: ['Somerset']
Text:
  DEP executed a Consent Order with a $690 Penalty involving Max Foreign Cars, Inc. d/b/a Somerset Subaru in Somerset. The company was cited for hazardous waste violations. Somerset Subaru is a car dealership with an auto repair shop and agreed to establish an aggressive schedule to bring the facility into compliance regarding proper management of oil and hazardous waste. The facility must also conduct an evaluation to determine the discharge location of its on-site oil/water separator.


Date: 4/20/05
municipality: ['Sterling']
Text:
  DEP executed a Consent Order with a $5,750 Penalty regarding Hendrickson Advertising, Inc. of Sterling for discharging Industrial Wastewater (screen printing wastewater) to an on-site septic system. DEP agreed to suspend $5,450 of the Penalty under application of the Small Business Policy and pending compliance.


Date: 4/20/05
municipality: ['Westminster']
Text:
  DEP entered into a Consent Order with a $24,732 Penalty involving Advance Coatings Co. of Westminster for Air Quality, Industrial Wastewater and Toxics Use Reduction Act violations. An inspection was performed at the company after strong odors were detected coming from floor drains in companies located down stream from Advance Coatings. The odors were traced back to Advance Coatings and were caused by a broken pipe in a pretreatment unit causing partially treated industrial wastewater to discharge directly to the sanitary sewer system. DEP agreed to suspend $14,732 of the Penalty provided all terms of the Order are met.


Date: 4/20/05
municipality: ['Sterling']
Text:
  DEP entered into a Consent Order with a $5,750 Penalty regarding Hendrickson Advertising, Inc. of Sterling for industrial waste water violations. The company discharged screen-printing wastewater to an on-site septic system, a violation. Under terms of the DEP's Small Business Policy, $5,450 of the penalty is suspended pending compliance with the Order.


Date: 4/19/05
municipality: ['Lawrence', 'Somerville', 'Sudbury']
Text:
  DEP entered into a Consent Order with a $38,000 Penalty involving R.M. Technologies of Lawrence for Asbestos violations. DEP determined violations at work sites in South Boston, Somerville and Sudbury involving failure to notify as well as improper removal practices involving asbestos-containing material.


Date: 4/15/05
municipality: ['Taunton']
Text:
  DEP entered into a Consent Order with the city of Taunton to address water pollution violations that resulted in the discharge of sewage to the Mill River in Taunton. Under the Order, Taunton will perform two Supplemental Environmental Projects (SEP) that are valued at $38,000 and $70,000. The two SEPs include mapping the sewer system on a geographic information system and three years of flow-gauging and monitoring of the Taunton and Mill Rivers. Further, the Order requires Taunton to make significant improvements to their sewer system, e.g. eliminate inflow and infiltration, upgrade aging infrastructure and maintain adequate staff and budget for these purposes. It also requires the City to study their user rates and make recommendations to modify them as necessary


Date: 4/15/05
municipality: ['Saugus']
Text:
  DEP entered into a Consent Order with a $25,000 Penalty involving the town of Saugus for Water Pollution Control violations. DEP determined during a wet weather inspection last fall that the town was discharging from a pump station that had not been approved. The discharges of sanitary sewer overflows were into an Area of Critical Environmental Concern, the Rumney Marsh. In addition to the Penalty, the town will adopt a sewer-bank, which demonstrates the removal of 10 gallons of infiltration from the system before each 1 new gallon is added. The town will be allowed a 'credit' of 500 gallons to this bank for each sump pump removed from the sewer system. The town must also submit to the DEP a management plan that will demonstrate how the town will upgrade the Lincoln Street Pump Station and minimize overflows.


Date: 4/15/05
municipality: ['Boston']
Text:
  DEP entered into a Consent Order with an $20,000 Penalty regarding Niakaros Realty Trust for waste site cleanup violations at 1402 Centre Street in Roslindale (Boston). Niakaros failed to submit cleanup reports (Phase II, III, IV and RAO reports) within established deadlines. Today's Order establishes a compliance schedule for completion of necessary response actions. DEP agreed to suspend $12,000 of the Penalty provided all terms of the Order are met.4/14/05


Date: 4/8/05
municipality: ['Boston']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding Joseph Ruggiero for waste site cleanup violations at 181 North Washington Street in Boston. Ruggiero failed to remediate petroleum contamination at this location. The site was originally reported in 1995. In February 2004, DEP issued a Notice of Noncompliance for failing to complete the cleanup, and in November 2004, DEP initiated higher-level enforcement that has now resulted in today's Order.


Date: 4/8/05
municipality: ['Framingham']
Text:
  DEP entered into a Consent Order with a $25,000 Penalty involving First Student Inc. (FSI) of Framingham for waste site cleanup and air quality violations. FSI operates school buses throughout the state and on 4/4/04 an FSI employee overfilled a diesel tanker truck at their Framingham facility, resulting in a discharge of 100+ gallons of diesel fuel into a storm drain. Some of the diesel fuel entered a brook and subsequently entered the MWRA's Foss Reservoir, an emergency water supply. FSI did not notify DEP of the release, which was reported to DEP by an abutting business. DEP performed emergency response actions, and FSI then performed further Immediate Response Actions and submitted a final cleanup report (Response Action Outcome). In September 2004, DEP inspectors observed FSI buses violating the state's vehicle idling regulations. A total of 15 idling violations were observed. To address the idling violations and the April 4 incident, DEP and FSI entered into today's Order.


Date: 4/6/05
municipality: ['Stoughton']
Text:
  DEP issued a Unilateral Administrative Order to Hersee Excavating Services for water quality violations at the Village at Ames Pond in Stoughton. Hersee was cited for the unpermitted discharge of storm water resulting in the runoff of sediments from the Village at Ames Pond construction site to Ames Pond. The Order requires Hersee to cease and desist from any unauthorized discharges. Additional Department actions will address the cleanup of the sediments in Ames Pond.


Date: 4/6/05
municipality: ['East Longmeadow']
Text:
  DEP issued a $17,250 Administrative Penalty to DB Marketing Company, Inc. of Greenfield & East Longmeadow for waste site cleanup violations. DB failed to maintain Remedy Operation Status (ROS) at the Greenfield and East Longmeadow Sites. The remedial systems at both of these locations had been shut down without notification to or prior explanation to the DEP. Failure to notify the DEP of the system shut downs and failure to provide plans and a timetable to correct the system failures are violations. A Unilateral Order was also issued to DB Marketing, Inc., for both locations, requiring that the failure of the remedial systems be corrected and that documentation of that be submitted to the DEP.


Date: 4/4/05
municipality: ['Cheshire']
Text:
  DEP issued a Demand Letter for a $4,000 Payment to Lakeside Restaurant in Cheshire. This public water system has not remained in compliance with an Administrative Consent Order that required certain actions to protect the public water system and its source.4/4/05


Date: 4/4/05
municipality: []
Text:
  DEP entered into a Consent Order and a Settlement Agreement with Shirley Moccio, an owner of property at 91 Ramah Circle in Agawam for waste site cleanup violations. The property, which previously had been Ken Rick's Auto Repair, has been a long outstanding non-responder case. Moccio agreed to complete response actions at the site in a timely manner. Since 2003, the Department has issued two penalties to Moccio for failure to undertake response actions at this site. The first penalty of $7,000 was assessed in 2003 and the second penalty of $30,000 was assessed in 2004. The Settlement Agreement, which resolves Moccio's appeal of the penalty assessment, proposes to suspend the $30,000 in its entirety if response actions are taken as agreed to in the ACO. The initial penalty assessment of $7,000 was not appealed, and has


Date: 3/31/05
municipality: ['Brockton']
Text:
  DEP entered into a Consent Order with the City of Brockton for Water Management Act violations. Brockton Park's Department operates DW Field Golf Course and withdraws water from a natural pond to irrigate 100 acres of turf at the course. The Park's Department will be required to file for a WMA Permit and install water meters at each withdrawal point.


Date: 3/31/05
municipality: []
Text:
  DEP executed a Consent Order with the Belchertown Water District for Water Supply violations. The District experienced repeated bacteria problems and currently has a temporary disinfection effort serving a portion of the District. The District will be required to install permanent disinfection to ensure no recurrence of bacteria problems3/30/05


Date: 3/30/05
municipality: ['Leominster', 'Worcester']
Text:
  DEP executed a Consent Order with a $28,125 Penalty regarding Economic Enviro-Techs, Inc. for Air Quality (Asbestos) violations in Worcester. DEP determined during an inspection that the company, which is based in Leominster, was found to have caused or allowed the improper handling of asbestos-containing material. Under DEP's 'Small Business Policy' the DEP agreed to suspend $22,125 of the Penalty provided all terms of the Order are met.


Date: 3/30/05
municipality: ['Lowell']
Text:
  DEP entered into a Consent Order with a $95,000 Penalty involving Bradford Industries of 75 Rogers Street in Lowell for Air Quality violations. The company, which operates a surface coating operation, allowed nuisance particulate matter to occur in the neighborhood surrounding the facility. An afterburner that controls volatile organic compounds (VOC) emissions from Bradford's coating line, has periodically failed to perform properly causing visible particulate emissions. Bradford will now install a baghouse air pollution control device to capture particulate emissions from this coating line, which employs VOC and silicone based coatings, so as to mitigate particulate matter. Based on Bradford's demonstrated financial hardship, DEP has agreed to suspend $90,000 of the Penalty provided all terms of the Order are met.


Date: 3/30/05
municipality: ['Shrewsbury']
Text:
  DEP entered into a Consent Order with a $17,399 Penalty involving Premier Fuels Corporation of Shrewsbury. The company violated state regulations following a release of fuel oil on 5/3/04 at Grafton Street in Shrewsbury. Approximately 30 gallons of #2 fuel oil was released when a fuel oil filter, installed by Premium Fuels Corp., failed following a delivery and maintenance work at the above location. Oil leaked onto the basement floor, into a sump and impacted soil at the residence. The company failed to notify DEP of the release within the required two hours and failed to conduct cleanup activities in a timely manner, leaving the occupants at risk. The company has since submitted a spill contingency plan in an effort to ensure an appropriate and prompt response to future events. In addition, Premium has completed the cleanup activities. DEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.


Date: 3/30/05
municipality: ['Harvard']
Text:
  DEP executed a Consent Order with a $1,640 Penalty involving Fruitlands Museum located in Harvard for Drinking Water violations. Fruitlands voluntarily reported its failure to register as a public water supply to DEP and the local Board of Health. In March of 2005, DEP personnel inspected the facility and identified all wells on the property to determine what steps were necessary for compliance. The Museum has agreed to the Order requiring registration and operation of the existing wells as a Public Water Supply under the direction of a certified water supply operator. The facility has contracted with a certified operator and conducted the required water quality monitoring.


Date: 3/30/05
municipality: ['Berkley']
Text:
  DEP entered into a Consent Order with a $6,000 Penalty involving William & Barbara Kanuse of12 Osprey Drive in Berkley for Rivers/Wetlands violations. The Kanuses ' working without a permit ' placed a significant amount of stone riprap in order to construct a fire pit and stairway, and installed a floating pier. DEP's Order requires removal of portions of the stone with restoration to occur on a majority of the area. DEP agreed to suspend $5,000 of the Penalty once a successful completion of restoration of the disturbed Riverfront Area and Coastal Bank is completed.


Date: 3/30/05
municipality: ['East Longmeadow']
Text:
  DEP issued a $14,990 Penalty Assessment Notice to J.P. Rentals Inc of East Longmeadow for Wetlands violations. The company is the developer of a residential sub-division, and was cited for violations of the Final Order of Conditions issued by the local Conservation Commission. The violations relate to erosion at the site and the discharge of sediment to a Bordering Vegetated Wetland. The Order requires that J.P Rentals cease the discharge into the wetlands and stabilize the site.3/30/05


Date: 3/29/05
municipality: ['Whately']
Text:
  DEP executed a Consent Order with a $14,375 Penalty involving C.N. Wood Co. of Whately for Industrial Wastewater violations. The Company operates a heavy-equipment sales and service business at 102 State Road in Whately. DEP inspected the facility in April 2004 and found evidence that the Company was steam cleaning heavy equipment and discharging the effluent to the ground surface. The Company, which has cooperated with the DEP in addressing the noncompliance, has agreed to implement a management plan for its wash water. DEP agreed to suspend $3,375 of the Penalty provided all terms of the Order are met.


Date: 3/29/05
municipality: ['Hadley']
Text:
  DEP executed a Consent Order with a $1,000 Penalty involving Bowdoin Construction Corp. for violations at Mountain Farms in Hadley. Bowdoin, which is based in Needham Heights on Reservoir Street, had failed to submit notification prior to construction/demolition activities as required. In addition to the Penalty, Bowdoin will institute proper management procedures to ensure that proper notification for all future work will occur as required.


Date: 3/28/05
municipality: ['Attleboro']
Text:
  DEP issued a Consent Order with a $55,000 Penalty regarding Advance Auto Stores Company, Inc. for Waste Site Cleanup violations at their facility on 50 County Street in Attleboro. Advance, an auto parts retailer based in Roanoke, Virginia, previously had been cited for failure to meet Interim Deadlines to correct violations associated with an Activity and Use Limitation (AUL) and to submit a revised Response Outcome Statement (RAO). Today's Order was issued for failure to correct the AUL, and conduct response actions at the Site in order to come into compliance based on additional violations identified during an audit by DEP.


Date: 3/28/05
municipality: ['Attleboro']
Text:
  DEP entered into a Consent Order with a $25,000 Penalty regarding Engineered Materials Solutions (EMSI) located at 39 Perry Avenue in Attleboro for wastewater discharge and treatment violations. EMSI had been transferring its waste to an unlicensed facility where the waste was treated prior to discharge. EMSI has agreed to the compliance measures necessary for proper permitting and licensing.


Date: 3/28/05
municipality: ['Woburn']
Text:
  DEP entered into a Consent Order with a $22,500 Penalty involving Olympia Nominee Trust, located at 60 Olympia Avenue in Woburn for failing to achieve an RAO or ROS within five years or the effective date of the Tier IB permit or by the deadline set by an amended NON. The Order established a compliance schedule for completion of necessary response actions. DEP agreed to suspend $15,000 of the penalty provided all terms of the Order are met.3/25/05


Date: 3/24/05
municipality: ['Otis']
Text:
  DEP modified an existing Consent Order involving Terranova's Market located in Otis. The modified Order revises submittal dates for Response Actions under Waste Site Cleanup (i.e. a Phase II Report, Phase III Plan, and Phase IV Plan or RAO) for the cleanup, or remediation, of the site.


Date: 3/24/05
municipality: ['Marlborough']
Text:
  DEP executed a Consent Order with a $7,000 Penalty regarding SatCon Technology located in Marlborough for Hazardous Waste violations. The company stored Hazardous Waste longer than authorized by their status, and failed to comply with other Hazardous Waste/Waste Oil accumulation and container management standards.


Date: 3/24/05
municipality: ['Rockland']
Text:
  DEP entered into a Consent Order with a $1,380 Penalty involving South Shore Ford located in Rockland for Hazardous Waste violations. A multi-media inspection by DEP revealed


Date: 3/24/05
municipality: ['Pittsfield']
Text:
  DEP executed a Consent Order with a $5,750 Penalty regarding Lane Construction Corp. located at 1867 East Street of Pittsfield for Air Quality violations. DEP determined the violation during emissions testing in September of 2004. In addition the Penalty, the company has now agreed to upgrade the plant in an effort to operate in compliance with its air quality emission limits. DEP is currently reviewing a plan application for a new fuel oil burner for the plant's aggregate dryer.3/24/05


Date: 3/23/05
municipality: ['New Bedford']
Text:
  DEP entered into an Amended Consent Order with Revere Copper Products, Inc. located at 24 North Front Street in New Bedford. DEP issued an Amended Order to extend a timeline of the existing Consent Order (signed 12/21/04) that required the company to submit an application to modify its existing Air Quality Permit/Restricted Emission Status.


Date: 3/22/05
municipality: ['Great Barrington']
Text:
  DEP issued a Do-Not-Drink Order to Monument Mountain Regional School located in Great Barrington. The school exceeded the Maximum Contaminant Level for coliform bacteria. The suspected cause is related to the storage tank. The system has been disinfected and the addition of chlorine will remain while investigation and correction action are underway; the boil order was lifted on 3/25/05.


Date: 3/22/05
municipality: ['Charlton']
Text:
  DEP entered into a Consent Order with a $12,000 Penalty involving Thomas Candito of Charlton for Wetlands violations. DEP determined that Candito had installed culverts in a stream on a lot in Charlton without obtaining a permit for the work. DEP's Order requires the owner to remove the culverts and restore the stream by 6/15/05. The Order also eliminates the development of an adjacent lot (#63), which will instead serve as a buffer zone to the restored area.


Date: 3/22/05
municipality: ['Worcester']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding Indian Hill Limited Partnership in Worcester for Wetlands violations. DEP determined the developer failed to prevent erosion and sedimentation to catch basins and detention basins and thereafter caused turbidity to an intermittent stream and wetland system. DEP's Order requires the owners to monitor turbidity in detention basins, and properly treat turbid storm-water thereafter before discharging.


Date: 3/22/05
municipality: ['Middleborough']
Text:
  DEP entered into an Amended Consent Order with Middleborough Gas & Electric Department located at 2 Vine Street in Middleborough. DEP's Amended Order allows for an extension of timelines for the submittal of Response Actions related to cleanup, or remediation, of the site.


Date: 3/22/05
municipality: []
Text:
  DEP issued a $14,250 Penalty Assessment Notice to Clayton Davenport d/b/a Davenport Trucking in Greenfield for Wetlands violations. Clayton, a site contractor, was cited for undertaking work in a Resource Area. The Department had previously reached a settlement and entered into a Consent Order with the property owner, the White Eagles Society, which provided for restoration of the impacted area and a civil administrative penalty. DEP, however, has been unable to reach a consent agreement with Davenport, the contractor, to resolve its involvement, prompting today's Penalty Assessment.


Date: 3/21/05
municipality: ['Sherborn']
Text:
  DEP entered into a Consent Order with a $2,000 Penalty regarding Sherborn Plaza, aka Shepardson Plaza, located at 11 South Main Street in Sherborn. The Plaza, which is permitted to provide a public water supply, reported the continual detection of e.coli bacteria in the public water supply. DEP required further testing, and on 1/10/05 DEP issued a Boil Order. The Plaza will now take steps to bring the water supply into compliance according to DEP's terms and conditions.3/21/05


Date: 3/21/05
municipality: ['Mattapoisett']
Text:
  DEP executed a Consent Order with a $2,450 Penalty regarding Mattapoisett Truck & Equipment, L.C, of Mattapoisett. An inspection by DEP found the company had deposited solid waste in the Wetlands (Buffer Zone and Bordering Vegetated Wetlands) northeast of the company's building. DEP's inspection and review of records revealed numerous violations involving waste oil management


Date: 3/18/05
municipality: ['Acton']
Text:
  DEP entered into a Consent Order with a $4,477 Penalty regarding Novotech Inc. of Acton for Industrial Wastewater and Hazardous Waste violations. Novotech was found to have discharged industrial wastewater to its septic system, failed to determine whether wastes it generated were hazardous, and failed to label and properly accumulate Waste Oil and Hazardous Waste. Under application of the DEP's Small Business Policy, $3,477 of the Penalty is suspended pending compliance with the Order.


Date: 3/18/05
municipality: ['Shrewsbury']
Text:
  DEP entered into a Consent Order with an $8,376 Penalty regarding Empire Dry Cleaning of Shrewsbury. Mandli Corporation of Shrewsbury, which owns the facility, was cited for Air Quality, Industrial Wastewater and Hazardous Waste violations. In addition, the company violated the Environmental Results Program (ERP). The company failed to keep records with regard to ensuring proper operation of their dry cleaning machinery, failed to maintain hazardous waste manifest records, discharged industrial wastewater to the ground without a permit and failed to submit for several years their ERP Compliance Certification. Under DEP's Small Business Policy, $4,776 of the Penalty is suspended pending compliance with the Order for one year.


Date: 3/16/05
municipality: ['Dartmouth']
Text:
  DEP entered into a Consent Order with a $1,380 Penalty regarding Saturn of Dartmouth for Hazardous Waste violations. A DEP inspection revealed the company failed to notify DEP of its change-of-status (to a Large Quantity Generator of waste oil), failed to apply for an EPA hazardous waste id-number, and, failed to make a hazardous waste determination for a generated waste stream. The company agreed to bring the facility into compliance.


Date: 3/16/05
municipality: ['Longmeadow']
Text:
  DEP issued an $85,950 Penalty Assessment Notice to Stephen Danalis for Air Quality (Asbestos) violations in Longmeadow. Danalis is the landlord for a two-family residence in Longmeadow and was cited for handling and disposal issues resulting from a 'dry rip' of asbestos. The Springfield Police Department initially found asbestos-waste in one of that city's dumpsters prompting an investigation that led to Danalis and his rental property in Longmeadow where the replacement of boilers and heat piping systems in both basements took place. Today's Order requires asbestos abatement at the Longmeadow property.3/16/05


Date: 3/15/05
municipality: ['Shirley']
Text:
  DEP executed a Consent Order with a $3,488 Penalty involving Mohawk Village Motors, Inc. of Shirley for Hazardous Waste violations. The company accumulated more Waste Oil than authorized and failed to comply with other Waste Oil accumulation and container-management standards. Under DEP's Small Business Policy, $2,988 of the penalty is suspended pending compliance with the Order for one year.


Date: 3/15/05
municipality: ['North Brookfield', 'Worcester']
Text:
  DEP entered into a Consent Order with a $37,375 Penalty involving Arthur Talbot d/b/a Walsh Environmental Services for Asbestos violations at a job site in Worcester. Talbot, whose company is located in North Brookfield, was cited for violations in the handling of asbestos containing material, failing to use proper methods of capture and containment, and failing to properly wet, seal, and label asbestos waste materials. Based on application of the DEP's Small Business Policy, $34,375 of the Penalty will be suspended.


Date: 3/15/05
municipality: ['Holyoke']
Text:
  DEP executed a Consent Order with a $2,498 Penalty involving Union Mart of Holyoke for Air Quality (vapor recovery) violations. DEP determined the violations at this Holyoke gasoline dispensing facility during an inspection on 4/2/04. After issuing a Notice of Noncompliance on 4/28/04, follow-up inspections revealed repeat violations. As part of the settlement agreement the Company has agreed to correct the violations. DEP agreed to suspend $1,498 of the Penalty pending compliance with the Order.3/15/05


Date: 3/10/05
municipality: ['Attleboro']
Text:
  DEP issued a $74,182.50 Penalty Assessment Notice regarding the Attleboro Landfill, Inc. on Peckham Street in Attleboro. The private solid waste unlined landfill, which is owned by Albert Dumont, had continued noncompliance issues, and had not been completely capped as required by a previous DEP Consent Order dated 9/7/01. Issues of noncompliance include


Date: 3/10/05
municipality: ['Westfield']
Text:
  DEP entered into a Consent Order with a $1,500 Penalty involving DeGray's Service, Inc., of Westfield to address Air Quality (Vapor Recovery) and Hazardous Waste violations. DEP's initial inspection on 8/9/04 warranted a Notice of Noncompliance, however, during a follow-up inspection on 11/1/04, similar and additional violations were found prompting today's Order. In addition to the Penalty, the company has now agreed to bring the facility into compliance3/10/05


Date: 3/10/05
municipality: ['Fitchburg']
Text:
  DEP entered into a Consent Order with a $19,900 Penalty involving the Newark Group, Inc. for Air Quality, Hazardous Waste, Industrial Wastewater and Toxics Use Reduction Act violations at their Fitchburg facility on 100 Newark Way. DEP determined during an inspection related to an odor complaint that the company had failed to comply with their Air Quality Plan Approval, failed to follow proper manifesting procedures, and failed to file toxic use reports for polycyclic aromatic hydrocarbons. DEP agreed to suspend $10,000 of the Penalty pending completion of a Supplemental Environmental Project to purchase a hand held thermal imager to be provided to the City of Fitchburg Fire Department.


Date: 3/10/05
municipality: ['Winchester']
Text:
  DEP executed a Consent Order with a $5,000 Penalty regarding Bossi's Automotive Services, Inc. located at 12 Swanton Street in Winchester. Bossi had failed to address the clean up of gasoline contamination. The release was originally reported in 1999 and was classified as a Tier II site in 2001. No comprehensive response actions (as required) were conducted after 2001, and in May 2004, DEP issued a Notice of Noncompliance (NON) for failing to complete the cleanup. Bossi did not comply with the directives of the NON, prompting DEP to initiate higher-level enforcement that resulted in today's Order. In addition to the Penalty, Bossi will bring the site back into compliance.


Date: 3/9/05
municipality: ['Mattapoisett']
Text:
  DEP executed a Consent Order with a $2,000 Penalty involving Cape Building Systems, Inc. of 13 Industrial Drive in Mattapoisett for Wetlands violations. Inspections revealed the company had constructed storage bays in the Buffer Zone without filing with the Conservation Commission; the company also needed to register the existence and proper closure of an injection well and needed to submit a compliance certificate for an underground industrial wastewater holding tank. In addition to the Penalty, the Order establishes a compliance schedule for correcting the violations.


Date: 3/9/05
municipality: ['Deerfield', 'Northfield', 'Williamstown']
Text:
  DEP executed a Consent Order with a $35,000 Penalty involving the B&M Railroad to address the Company's failure to continue response actions in compliance with Waste Site Cleanup regulations at three different locations (Deerfield, Williamstown and Northfield). The agreement with B&M, which has a corporate office in North Billerica, also contains stipulated penalties for future noncompliance. The Order also requires B&M to pursue remedial (cleanup) response actions more aggressively at its sites. In addition to the Penalty, the Company has agreed to hire an outside contractor to perform a training program for its employees at a cost of $17, 800. The training involves the proper use and handling of oil and hazardous waste.3/8/05


Date: 3/8/05
municipality: []
Text:
  DEP entered into a Consent Order with a $45,000 Penalty involving Alpha Grainger Manufacturing Inc of Franklin for Air Quality violations. DEP determined during a multi-media inspection the company had installed and operated equipment without DEP approval. The company has agreed to a compliance strategy that includes installing fifteen steam generation units as well as a state-of-the-art vacuum degreaser that will utilize mineral spirits. The total estimated cost of the equipment is $525,000. The above pollution prevention strategy should reduce AGMI's emissions from 22.6 tons per year to below the one-ton per year threshold requiring a permit. Moreover, AGMI agreed to prepare a 'white paper' on the equipment performance and submit it to EPA's BACT clearinghouse (or Best Available Control Technology) as well as an industry trade journal for publication. DEP agreed to suspend $7,500 of the Penalty provided all terms of the Order are met.


Date: 3/8/05
municipality: ['Seekonk']
Text:
  DEP entered into a Consent Order $2,475 Penalty involving CAM Enterprises of 68 Hollister Road in Seekonk for Solid Waste violations. DEP noted during an inspection that CAM Enterprises stockpiled concrete rubble with the intent of crushing and reusing the material without the necessary permits. In addition to the Penalty, CAM Enterprises agreed to obtain a permit prior to stockpiling the concrete material.


Date: 3/8/05
municipality: ['Ware']
Text:
  DEP executed a Consent Order with a $500 Penalty involving First Step Child Care of Ware. The day care facility agreed to address public water system compliance issues, some of which have already been completed, such as a cross-connection survey. DEP agreed to suspend the Penalty.


Date: 3/8/05
municipality: ['Northampton']
Text:
  DEP executed an Amendment to an existing Consent Order with the City of Northampton. The Amendment extends the timeline for the construction and operation of a surface water filtration plant that this public water system is required to construct. The water system has already acquired the necessary permits for construction and the project is financed by the Drinking Water State Revolving Fund.3/8/05


Date: 3/8/05
municipality: ['Sturbridge']
Text:
  DEP entered into a Consent Order with a $10,498 Penalty involving Drake Petroleum Company, Inc. of Sturbridge for Waste Site Cleanup violations. Drake, the owner and operator of a fueling facility at 400 Hynes Rd., Sturbridge failed to notify DEP (within the required two hours) of a sudden release on 12/18/03 of diesel fuel (greater than 10 gallons of diesel) and failed to conduct response actions when required, the diesel fuel flowed from a paved surface into a storm drain and Drake failed to conduct the appropriate Immediate Response Action to fully clean up the impacts from the release at the time it occurred.


Date: 3/8/05
municipality: ['Lexington']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding the town of Lexington for Solid Waste violations at the Lincoln Street landfill. The Order provides that the Town will continue to complete the landfill gas assessment and corrective actions at the landfill in accordance with a Unilateral Order issued by DEP on 2/9/04. Violations involve the occurrence of methane at greater than 25% of the Lower Explosive Limit at and beyond the property boundary. In addition, the Order provides that the Town will complete a $15,000 Supplemental Environmental Program (SEP). The SEP provides for construction of a walkway and wetland observation area for the wetland on the west side of the park to enhance the walking trails and the post-closure use of this landfill.3/7/05


Date: 3/7/05
municipality: ['Chicopee']
Text:
  DEP executed a Consent Order with a $10,000 Penalty involving Thomas Fregeau to address Air Quality (Asbestos) violations in Chicopee. DEP inspectors received a complaint regarding a contractor who had removed asbestos from pipes in the basement of the property in order to repair a leaking pipe. During the inspection it was discovered that asbestos had been removed and the basement of the property had been contaminated with asbestos. Fregeau has reimbursed the property owner for the cost of a proper cleanup. DEP agreed to suspend $1,400 of the Penalty, and an additional $6,000 is suspended for a period of 2 years if no further asbestos violations occur.


Date: 3/7/05
municipality: ['East Longmeadow', 'Springfield']
Text:
  DEP executed a Consent Order with a $4,000 Penalty involving Michael Goldberg to address Air Quality (Asbestos) violations at the former Ring Nursing Home in Springfield. DEP received a complaint regarding the work at Ring in May of 2003. During subsequent inspections, DEP found that asbestos removal and demolition operations had been performed improperly and without the prior notification. The contractor hired by Goldberg has already paid a penalty and cleaned up the site. DEP agreed to suspend $3,000 of the Penalty provided Goldberg, a developer based in East Longmeadow, hire a consultant to develop an Environmental Management System (EMS). This EMS will provide a detailed procedure for the inspection and testing for asbestos materials prior to beginning the rehabbing process. The EMS will also be provided to all contractors working for Mr. Goldberg.3/7/05


Date: 3/7/05
municipality: ['Carver']
Text:
  DEP entered into a Consent Order with a $14,950 Penalty regarding Cutter Carpets for Air Quality (Asbestos) violations at the Gov. John Carver Elementary School located at 85 Main Street in Carver. Cutter was removing vinyl asbestos tiles (10% asbestos) from classrooms. DEP agreed to suspend $10,950 of the penalty, and the company agreed to provide a written description of the measures that will be taken to prevent additional violations in the future, including but not limited to, enrolling in an asbestos awareness course approved by the Massachusetts Division of Occupational Safety. Carver paid for the cleanup, the proper removal of the remaining vinyl asbestos tiles, and final air clearance by a licensed Industrial Hygienist.


Date: 3/4/05
municipality: []
Text:
  DEP issued a Unilateral Administrative Order to Raymond W. Caterino, of Dennisport for Wetlands violations. Caterino was cited for filling more than one acre of Bordering Vegetated Wetland and the 100-foot Buffer Zone without a permit from Dennis Conservation Commission. Massachusetts Environmental Police notified the DEP along with local officials of the violations. DEP's Order requires Caterino to cease and desist from any activity within jurisdiction of the Wetland Protection Act.


Date: 3/4/05
municipality: ['Attleboro', 'Lakeville']
Text:
  DEP entered into a Consent Order with a $50,000 Penalty involving Morse Sand & Gravel, Corp. for Wetlands, Industrial Wastewater and Hazardous Waste violations observed at the company's Lakeville and Attleboro facilities. At the Lakeville facility, Morse failed to correct certain operational practices that had been the subject of a prior Consent Order with the previous owner of the facility. As a result, continued violations of the wetland, industrial wastewater and hazardous waste management regulations took place. Additionally DEP responded to requests from resident abutters to the facility and the Town to address the chronic noise disturbances at the facility. At the Attleboro facility, Morse was found to have violated hazardous waste management regulations. Today's Order also addresses Morse's discharge of stormwater to the Ten Mile River, a condition observed and reported by the Attleboro Conservation Commission. As a result of today's Order, Morse will now correct all the violations, bring both facilities into compliance and implement a noise abatement remedy. DEP agreed that $25,000 of the Penalty by Morse will go directly to a Supplemental Environmental Project for the Nature Conservancy to develop a Target Fish Community for the mainstream of the Taunton River to assist in the restoration of fish habitat.


Date: 3/2/05
municipality: ['Great Barrington']
Text:
  DEP issued a Do Not Drink Order to Monument Mount Regional School, a public water system in Great Barrington due to total coliform detection. Construction work along with inadequate disinfection is suspected. The School posted notices at faucets and bubblers; they disinfected the system and provided bottled water until the Order was lifted. DEP staff lifted the Order on 3/6/05.3/1/05


Date: 3/1/05
municipality: ['Hardwick']
Text:
  DEP entered into a Consent Order with an $18,000 Penalty regarding Casella Waste Systems due to Solid Waste violations at the Hardwick Landfill Casella Waste Systems, Inc. purchased the Hardwick landfill from the Roach family in March 2003. An inspection by DEP of the landfill on 9/30/04, revealed the disposal of unacceptable waste including automobile tires and white goods within the new operating cell of the landfill. Storm water control violations and odor exceedences were also noted during the inspection. The facility has subsequently instituted revised waste control procedures and inspections at the landfill. The company is testing new materials for daily cover in an effort to prevent nuisance odors.


Date: 3/1/05
municipality: ['Sterling']
Text:
  DEP entered into a Consent Order with a $1,500 Penalty involving the Town of Sterling for Solid Waste violations. The town failed to comply with the landfill post-closure requirements at its landfill located off Chocksett Road. The Town failed to submit a post-closure environmental monitoring and maintenance plan; and failed to conduct the required environmental monitoring and maintenance. In addition to the Penalty, the Town will now prepare and implement an environmental monitoring and maintenance plan which must include a schedule to sample for groundwater, surface water and air quality twice a year for the post-closure period of 30 years.


Date: 3/1/05
municipality: ['Sterling']
Text:
  DEP entered into a Consent Order with a $2,000 Penalty involving NMJ Realty Trust in Sterling for Solid Waste violations. The company disposed solid waste (construction and demolition debris) on its property located at 29 Legate Hill Road in Sterling. NMJ will correct the violations and contends that most of the waste material on site had been on site when they purchased the property.


Date: 2/24/05
municipality: ['Attleboro']
Text:
  DEP issued a $67,850 Penalty Assessment Notice to Advance Auto Parts, Inc. for MCP violations in Attleboro. The company, which is based in Roanoke, Virginia but has a location at 50 County Street in Attleboro, was cited for failure to meet Interim deadlines to correct violations associated with an Activity and Use Limitation (AUL) and to submit a revised Response Outcome Statement (RAO). DEP issued the Penalty for failure to correct the AUL, and conduct response actions at the site in order to come into compliance with the MCP based on additional violations identified during an audit by DEP.


Date: 2/24/05
municipality: []
Text:
  DEP entered into a Consent Order with a $1,500 Penalty involving Kudlic Brothers, Inc. of Agawam. Kudlic - a demolition contractor - failed to notify DEP prior to the demolition of three commercial buildings in Agawam in May 2004. In addition to the Penalty, Kudlic has agreed to perform a $1,500 Supplemental Environmental Program (SEP). The SEP involves the distribution to all building inspectors in the region written material on the correct notification process for construction and demolition work.


Date: 2/18/05
municipality: ['Plympton']
Text:
  DEP issued a $2,000 Penalty Assessment Notice to Roger Santos d/b/a LJ Trucking in Plympton. Previously, on 2/13/03, DEP issued a Unilateral Administrative Order citing Santos for filling within a Bordering Vegetated Wetland (BVW) and the 100-foot Buffer Zone without a permit from the Plymouth Conservation Commission. DEP's Order required Santos to cease and desist from any activity within the Wetlands and to file a Notice of Intent (NOI) with the Conservation Commission within thirty days. Santos had not filed a NOI, leading to today's PAN.


Date: 2/18/05
municipality: ['Pepperell']
Text:
  DEP entered into a Consent Order with a $3,300 Penalty regarding Fairlane Homes in Pepperell. Fairlane, which owns Suburban Village Mobile Home Park in Pepperell, violated conditions of a 2003 Consent Order with DEP. In that Order, the Mobile Home Park was to begin construction according to DEP's approved schedule for an on-site sewage disposal system, and failed to do so. In addition to the Penalty, the Mobile Home Park has now agreed to a schedule that will instead connect the Park to the municipal sewer system.2/18/05


Date: 2/18/05
municipality: ['Springfield']
Text:
  DEP entered into a Consent Order with a $15,600 Penalty involving the City of Springfield relative to the Veterans and Franconia Golf Courses in Springfield. DEP determined the facilities were in non-compliance under the state's Water Management Act for water withdrawal for irrigation purposes. The city agreed to bring the facilities into compliance, and the DEP agreed to suspend the Penalty.


Date: 2/18/05
municipality: []
Text:
  DEP executed a Consent Order with a $20,850 Penalty regarding Oak Ridge Golf Club in Agawam. DEP determined the facility was in non-compliance under the Water Management Act (WMA) for water withdrawal for irrigation purposes. The facility will be brought into compliance, and the DEP agreed to suspend $18,750 of the Penalty. This course's irrigation was installed prior to the Water Management Act and had not expanded since the enactment of the WMA.


Date: 2/18/05
municipality: ['Blandford']
Text:
  DEP entered into a Consent Order with a $1,200 Penalty regarding Blandford Water Department in Blandford. The town's Water Department failed to address a previously issued DEP Notice of Noncompliance that required a testing schedule for the town's cross-connections (water supply backflow prevention devices). DEP agreed to suspend $600 of the Penalty provided all terms of the Order are met.


Date: 2/18/05
municipality: ['Chicopee']
Text:
  DEP issued a Unilateral Administrative Order to the City of Chicopee for undertaking drainage work on Fuller Street. The city's DPW began work, including dredging streams and filling in BVW without a valid determination or order of conditions relative to possible wetlands resources in the area. DEP received a complaint, inspected the site and conducted file review to find that no Request for Determination had been received from the City, nor did the local conservation commission render any decision. Today's Order requires the city to cease-and-desist additional work except to put in place proper erosion and sedimentation controls. Further, the city must submit a restoration plan within 45 days. The site contractor, Ted Ondrick Company was issued only the cease-and-desist Order.


Date: 2/18/05
municipality: ['Marshfield']
Text:
  DEP entered into a Consent Order with Marshfield Partnership for Community Reinvestment, LLC. The company had failed to submit documentation (Phase II and Phase III reports) in connection with the cleanup of 1901 Ocean Street in Marshfield where chemicals above reportable quantities were found in the groundwater. The Order sets new deadlines for submittal of the required documentation.


Date: 2/18/05
municipality: ['Hanson']
Text:
  DEP entered into a Consent Order with Devlin Automotive of Hanson. The company failed to submit documentation (Phase II and Phase III reports) in connection with the cleanup of 230 Liberty Street in Hanson where VOCs were discovered in soil after the removal of three underground storage tanks. The Order sets new deadlines for submittal of the required documentation.


Date: 2/18/05
municipality: ['Plympton']
Text:
  DEP issued a $2,000 Penalty Assessment Notice to Roger Santos d/b/a LJ Trucking of Plympton. Santos failed to comply with a previously issued Unilateral Administrative Order from 2/13/03. That Order cited Santos for filling within a Bordering Vegetated Wetland (BVW) and the 100-foot Buffer Zone without a permit from the Plymouth Conservation Commission. Santos had been required to cease and desist from any activity within jurisdiction of the Wetland Protection Act and to file a Notice of Intent (NOI) with the Conservation Commission within thirty days. To date, Santos has not filed a NOI.2/17/05


Date: 2/16/05
municipality: ['Ludlow']
Text:
  DEP entered into a Consent Order with a $24,600 Penalty involving Ludlow Country Club of Ludlow for Water Management Act violations. The Club's irrigation system, which was in place prior to the Act, led to the water withdrawal violations; DEP agreed to suspend $22,500 of the Penalty provided all terms of the Order are met.


Date: 2/15/05
municipality: ['Dudley']
Text:
  DEP entered into a Consent Order with the Highway Department in Dudley to resolve MCP (waste site cleanup) violations. The town's Highway Department failed to meet deadlines for the assessment and cleanup of the petroleum release from underground storage tanks at 63 West Main Street. The site is located within the Zone II of a municipal drinking water supply well. The Town has agreed to a schedule for completion of the required work, and has agreed to pay stipulated penalties if those deadlines are not met.2/15/05


Date: 2/14/05
municipality: ['Holyoke']
Text:
  DEP entered into a Consent Order with a $3,500 Penalty regarding Universal Plastics Corp. of Holyoke. The company agreed to address air pollution and hazardous waste violations that were uncovered during a DEP inspection on 3/2/04. Inspectors found the company was using coatings, in a paint spray booth, that exceeded maximum limits for volatile organic compounds as listed in state air pollution regulations. In addition to the Penalty, the company will correct all the areas of noncompliance.2/11/05


Date: 2/11/05
municipality: ['Brockton']
Text:
  DEP issued a Unilateral Administrative Order to Steven Baker of Brockton for Wetlands violations. On 9/10/04, the Brockton Conservation Commission issued an Enforcement Order for the installation of an aboveground pool within a Bordering Vegetated Wetland (BVW) and its 100 foot Buffer Zone and within the Riverfront restricted zone. The Brockton ConCom did not receive notification from Baker, issued an enforcement order and also requested DEP to investigate. DEP's Order requires the violator to cease-and-desist and comply with the local order within thirty days.


Date: 2/11/05
municipality: ['Sandwich']
Text:
  DEP issued a Unilateral Administrative Order to Peter Watts, who operates Watts Family Farm at 23 Falmouth-Sandwich Road in Sandwich. The farm operates an agricultural-waste composting operation, for which the DEP had previously issued a Notice of Noncompliance on 10/6/04 concerning the emission of offensive odors from the compost operations. DEP continued to receive odor complaints from adjacent neighborhoods, and on several occasions observed the delivery of an extremely malodorous material (from Sea Watch International, LTD) that was a violation of its operation. The material is a silty-sand containing small amount of shells, shell materials and significant amounts of liquids. Watts must cease-and-desist accepting, handling, processing, composting, and/or recycling this material and any other compost-able material not specifically listed in the regulations for this type of operation (310 CMR 16.05). Also Watts must take whatever measures necessary to prevent the emissions of offensive odors and/or nuisance conditions and/or the non-permitted discharge of pollutants (i.e.. liquids from the material from Sea Watch) to the environment.


Date: 2/11/05
municipality: ['Attleboro']
Text:
  DEP issued a Unilateral Administrative Order to Attleboro Landfill, Inc. (ALI), on Peckham Street in Attleboro requiring the facility to perform several activities in order to bring the landfill into compliance. The Order requires routine environmental monitoring be done, that the site be capped within six months, that landfill gas at the gas-to-energy plant be routinely characterized and that impacted wetlands be restored within one year. Today's Order stems from ALI's failure to comply with a previous Administrative Consent Order, which required the same activities. In today's Order, DEP reserves the rights to pursue additional enforcement against ALI for continued failure to achieve compliance.


Date: 2/11/05
municipality: ['Boston']
Text:
  DEP executed a Consent Order with a $235,000 Penalty regarding Barry Controls located in Brighton (Boston) for Air Quality violations. The company was found to have exceeded monthly and twelve-month emissions limitations for Hazardous Air Pollutants and Volatile Organic Compounds at their 40 Guest Street facility. DEP discovered the violations during routine review of the facility's compliance reports and excess emissions reports. The company agreed to remove the offending equipment from the facility in a phased approach, so that by 7/31/05 its monthly emissions will be in compliance. DEP agreed to suspend $11,750 of the Penalty provided all terms of the Order are met.


Date: 2/11/05
municipality: ['Framingham']
Text:
  DEP issued a Demand for $59,000 in Suspended & Stipulated Penalties to Aoude Gulf of 665 Waverly Street in Framingham. Aoude had entered into a Consent Order with DEP in 2001 for Waste Site Cleanup violations. Shortly after the deadlines in that Order were missed in early 2004, BWSC-NERO held an enforcement conference with the violator, but a negotiated resolution could not be reached. Aoude may request an adjudicatory hearing to contest the Penalty demand.2/10/05


Date: 2/10/05
municipality: ['Belchertown']
Text:
  DEP entered into a Consent Order with a $27,725 Penalty involving Mill Valley Golf Links in Belchertown for drinking water violations. In addition, the facility was not in compliance with the Water Management Act regarding withdrawal for irrigation purposes. In addition to the penalty, Mill Valley must obtain a Water Management Act permit and bring its drinking water supply, and irrigation into compliance.2/10/05


Date: 2/10/05
municipality: ['Brockton']
Text:
  DEP issued a $32,270 Penalty Assessment Notice to the Brockton Group for a former gasoline station property it owns at 761 Warren Avenue in Brockton. Assessments of the property have identified that former underground storage tanks have leaked oil to the environment. The Brockton Group initiated response actions at the site in 1998. In March 1999, the Site was Tier Classified as a Tier II. No response actions have occurred since the Tier Classification. In July 2004, the Department issued a Notice of Noncompliance (NON) to the Brockton Group for failing to conduct response actions at the Site in a timely manner. The Brockton Group failed to respond to the Department's NON. In addition to today's Penalty, the Group is required to resume response actions at the Site.


Date: 2/10/05
municipality: ['Rowley']
Text:
  DEP entered into a Consent Order with a $1,000 Penalty involving Symes Associates, Inc. of Rowley for failure to properly execute a DEP's Final Order of Conditions (9/19/03) relative to work in a resource area under the Wetlands Protection Act.


Date: 2/10/05
municipality: []
Text:
  DEP entered into a Consent Order with a $15,000 Penalty involving 'Two Hundred 24 Andover Street Nominee Trust' for waste site cleanup violations. The Trust was cited for failure to achieve a Response Action Outcome (RAO) or a Remedy Operation Status (ROS) by the appointed deadline. The Trust failed to extend or maintain a valid permit to continue response actions. In addition to the Penalty the Order sets new deadlines to return the site back to compliance culminating in the submittal of an RAO or ROS by the expiration of the Permit Extension. If all terms of the Order are met, DEP agreed to suspend $10,000 of the Penalty, but if not, additional stipulated penalties of $1,000 per violation per day will be assessed.


Date: 2/9/05
municipality: ['Wendell']
Text:
  DEP entered into a Consent Order with Lake Grove School, which serves as a public water supplier and is based in the town of Wendell. The School had failed to achieve compliance with drinking water standards, specifically uranium. The residential facility will install treatment to ensure the uranium concentrations are below the Maximum Contaminant Level.


Date: 2/9/05
municipality: ['Springfield']
Text:
  DEP executed a Consent Order with Pioneer Valley Transit Authority (PVTA) of Springfield for failure to complete response actions (relative to a release of hydraulic fluid and #2 fuel oil). PVTA had performed an Immediate Response Action and assessment after the spill and had submitted Phase reports, including one Phase V Inspection and Monitoring Report. DEP's review of records indicated, however, that several deadlines for additional response actions were missed. Today's Order outlines a schedule for submittal of additional response actions.


Date: 2/9/05
municipality: ['Northampton', 'Pittsfield']
Text:
  DEP entered into a Consent Order with an $8,000 Penalty involving Wal-Mart Stores East L.P., which owns stores in Pittsfield and Northampton. The operator failed to notify DEP within two (2) hours of oil spills at both stores. At the Pittsfield store, the release occurred on 8/11/04 when a drum of waste oil, generated by the Wal-Mart Tire & Lube Center, was tipped over in the parking lot, in an act of vandalism. The oil leaked into storm drains and entered a retention pond. Wal-Mart took appropriate steps to initiate the cleanup but did not notify DEP of the release until 1


Date: 2/9/05
municipality: ['Middleborough']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving Hank Zion's Auto Salvage, Inc., of Middleborough for hazardous waste violations. The company is a town licensed class 3-auto salvage/junk yard where DEP personnel conducted a site inspection on 8/17/04. The Order establishes an aggressive schedule to correct all violations, install an erosion control barrier along a stream, and assess soils surrounding the motor vehicle crusher. In addition to the Penalty the company will conduct a Supplemental Environmental Project (SEP) to develop and implement an Auto Recycling and Junkyard best management plan in lieu of payment of an additional $3,000 Penalty. Correction of the violations and implementation of the plan will significantly upgrade the protection of the environment and update the operation of the facility to more modern standards.


Date: 2/9/05
municipality: ['Ashfield']
Text:
  DEP issued a $30,750 Penalty Assessment Notice to Roberts Brother Lumber Co., of Ashfield for Air Quality and Hazardous Waste violations. The company utilizes a diesel-generator to power its saws and other equipment involved in the de-barking, sawing, cutting and planning of hard and soft wood logs. During a 05/04 inspection DEP observed that the Company had been operating this internal combustion diesel-powered generator (>3,000,000 BTU/hr) without a permit. In addition, the inspection revealed Hazardous Waste storage and labeling violations. In 1998, the Company was the subject of a DEP enforcement action for similar Air Quality and Hazardous Waste violations. In that case, the Company paid a $9,000 penalty.


Date: 2/8/05
municipality: []
Text:
  DEP entered into a Consent Order with a $20,000 Penalty involving Avis Rent-a-Car at 202 Porter Street in East Boston for Waste Site Cleanup violations. The company failed clean up gasoline contamination. The site was originally reported in 1992 and was classified as a Tier II site in 1995. No comprehensive response actions were submitted after that date. In July 2004, DEP issued a Notice of Noncompliance (NON) for failing to complete the cleanup. Avis did not comply with the requirements of the NON, and BWSC initiated higher-level enforcement resulting in today's Order. Avis has since submitted response action outcome (no further action) for this site.


Date: 2/8/05
municipality: ['Middleborough']
Text:
  DEP issued a Unilateral Administrative Order to the Town of Middleborough for Solid Waste violations at the town's Municipal Landfill, on Brook Street. The town has failed to comply with a previous Consent Order signed with DEP regarding


Date: 2/8/05
municipality: ['Ayer']
Text:
  DEP entered into a Consent Order with a $2,875 Penalty regarding the Town of Ayer for allowing the construction of a sewer extension by NJZ LLC in the Shelly Lane without a valid DEP permit. Today's Order requires the Town to review, and if necessary amend, its permit-issuance practices to prevent the future issuance of road opening permits until such time as an applicant obtains the necessary permits. DEP agreed to suspend $1,875 of the Penalty provided all terms of the Order are met. The Department has already taken enforcement against the developer for this violation.


Date: 2/8/05
municipality: ['Worcester']
Text:
  DEP executed a Consent Order with a $75,468 Penalty involving Marianita Arias of Roslindale for Asbestos (Air Quality) violations. In June 2004, an inspection of Arias property in Worcester found boiler components and heating system pipes covered with asbestos containing insulation in an open roll-off container and observed pieces of dry uncontained asbestos in the cellar. DEP agreed to suspend $67,968 of the Penalty provided Arias complies with all terms of the Order.


Date: 2/8/05
municipality: ['Worcester']
Text:
  DEP entered into a Consent Order with a $21,562 Penalty regarding Tower Transportation LLC for Asbestos (Air Quality) violations. In June of 2004, inspections conducted in a parking lot in Worcester by DEP found that a tractor-trailer owned by the company, which is based in Gorham Maine, was filled with numerous bags and boxes of labeled asbestos containing waste materials. The company was cited for failure to properly store/dispose of asbestos containing materials. DEP agreed to suspend $20,362 of the Penalty based on the existence of financial hardship conditions.


Date: 2/7/05
municipality: ['Northampton']
Text:
  DEP issued a $1,000 Penalty Assessment Notice to TOMRA MASS, LLC of Northampton. The company was cited for operating a Bottle Bill Handling Operation in nonconformance with the regulations. Following multiple inspections by DEP, a Notice of Noncompliance was issued on 10/06/04 due to the presence of thousands of bottles and cans, and other litter scattered around the site and adjoining facility. The company has failed to bring the facility into compliance. A follow-up inspection on 11/03/04 identified similar conditions and led to the issuance of today's Penalty.


Date: 2/4/05
municipality: ['Waltham']
Text:
  DEP entered into an Amended Consent Order with a $30,000 Penalty involving the City of Waltham. The city failed to address infiltration and inflow in a previously signed Consent Order (5/7/03), along with failure to address sewer rehabilitation projects and repeated combined sewage overflows in the Beaver Brook area. As a result of the Amended Order, the city shall demonstrate a 4 to 1 removal ratio for every new gallon added to the system. The city also agreed to strict deadlines for conducting various components of the construction/repair work.2/3/05


Date: 2/3/05
municipality: ['Fairhaven']
Text:
  DEP entered into a Consent Order with a $18,000 Penalty involving Earl's Marina, Inc. of 56 Goulart Memorial Drive in Fairhaven. The marina was in noncompliance as to the expansion of its floats and wave-attenuation systems. This expansion without authorization constituted violations of Chapter 91 and the Wetlands Protection Act. Today's Order requires the marina to remove the unauthorized wave attenuation system and to obtain Chapter 91 authorization for its floats. DEP agreed to allow the marina to perform a Supplemental Environmental Project (SEP) having a minimum value of $13,500, with the remaining $4,500 of the Penalty payable to the Commonwealth. The SEP will involve assisting with the rehabilitation of a nearby town-owned dock-and-float system that provides public access to Buzzards Bay.


Date: 2/3/05
municipality: ['Northampton']
Text:
  DEP entered into a Consent Order with a $26,500 Penalty regarding Zielinski Brothers, Inc. of Northampton for Wetlands violations observed on 5/25/04. Work by the company impacted 0.5 acres of Bordering Vegetated Wetlands (BVW) in preparation for construction of three single-family residences. Today's Order requires the submission of a plan to restore the impacted resource area. DEP agreed to suspend $16,500 of the Penalty provided all terms of the Order are met. DEP had been notified of the violation by the local conservation commission; upon learning of the violations, the company immediately ceased work, stabilized the site and submitted a plan to identify the resource areas.


Date: 2/3/05
municipality: ['Westfield']
Text:
  DEP issued a $16,698 Civil Administrative Penalty to Bruce Cooper of Westfield for operating construction equipment that was used to grade and fill areas within a waterway (the bank of the Westfield River) and the Riverfront Area off Woodland Drive. Cooper did not file a Notice of Intent with the Westfield Conservation Commission prior to undertaking the work as required. DEP's assistance was requested by the local conservation commission following a field inspection and Enforcement Order by the local authorities to remedy the violations. Cooper had violated the Act at the same street location in 1999, and subsequently entered into a Consent Order with DEP.


Date: 2/2/05
municipality: ['Cambridge']
Text:
  DEP entered into a Consent Order with the City of Cambridge for Solid Waste violations at the Danehy Park Landfill. Cambridge agrees to conduct a Supplemental Environmental Project (SEP) valued at $40,000 for failing to notify DEP about the occurrence of landfill gas (methane) within underground utilities at the landfill at greater than 10% of the Lower Explosive Limit. The City's SEP will provide enhancement of the post-closure uses at the landfill. Cambridge will expand the natural flora and fauna in the artificial wetland within the park, and (for the next three years), conduct an educational program utilizing the artificial wetland, and plant approximately an additional 15 trees per year for the next three years within the park.


Date: 1/31/05
municipality: ['Berlin', 'Hudson']
Text:
  DEP entered into a Consent Order with a $50,000 Penalty regarding Verc Enterprises Inc., for drinking water violations in Berlin. The Duxbury-based company operates a gasoline station and convenience store at 267 Central Street/149 Coolidge Road in Berlin, where DEP personnel observed in 2003 that an on-site well which served as a source of public drinking water, had not received a permit for operation. Verc has agreed to correct the violations, pay $30,000 of the Penalty with the final $20,000 to be used for a Supplemental Environmental Project (SEP). DEP personnel also observed that an unapproved water treatment system had been installed at the water supply and treatment was taking place. The well being used as a public supply is located within an area of known groundwater contamination. The gas station has been designated as a Tier IA priority contamination site by the Department under Chapter 21E, with documented petroleum impacts to the soil and groundwater. Contaminants from the gas station operations have been found in the on-site well and in other wells near the facility. During enforcement negotiations, Verc was required to perform regular testing to ensure that water at the facility, which provided water for a Dunkin Donuts franchise operated at the site, was safe for consumption. Verc will connect to the Town of Hudson's nearby public water system within nine months of the order.


Date: 1/28/05
municipality: ['Lenox']
Text:
  DEP entered into a Consent Order with a $2,875 Penalty to Haddad Motor Group Inc. of Lenox for failure to adequately address releases of hazardous materials. Haddad's auto dealership & repair facility at 526 Pittsfield Street, had received approval from DEP to undertake cleanup of hydraulic fluids and waste oils that were identified floating on the surface of groundwater under the building. In August of 2004, however, the DEP issued a Notice of Noncompliance to Haddad for failing to submit the required status reports and plans. Haddad then submitted a status report, which indicated that during 2003, response actions were discontinued, which was a violation of DEP's approved plan. In addition to paying the penalty, Haddad has now agreed to complete the remaining response actions.1/28/05


Date: 1/28/05
municipality: ['Hadley']
Text:
  DEP issued a $60,150 Penalty Assessment Notice to Bruschi Brothers Incorporated. The contractor conducted a portion of the illegal work at Bri-Mar farms in Hadley (see above); DEP continues to seek information identifying other contractors that performed work at the site without permits.


Date: 1/28/05
municipality: ['Framingham']
Text:
  DEP entered into a Consent order with a $19,900 Penalty regarding Motiva Enterprises LLC, (Shell Service Station) in Framingham. Motiva failed to clean up gasoline contamination at its service station in Framingham. Originally reported in the late 80's, comprehensive response actions did not start until 2000/2001. In early 2004, DEP issued Motiva a NON for failing to complete the cleanup. Motiva, in addition to the Penalty, agreed to finish the cleanup within established guidelines.


Date: 1/28/05
municipality: ['Wilbraham']
Text:
  DEP entered into a Consent Order with a $500 Penalty regarding Burch Tree School, a day-care facility in Wilbraham, for failing to address public water system compliance issues. The facility will be connected to the community's public water system within six months and will comply with applicable requirements in the interim.1/27/05


Date: 1/26/05
municipality: ['Pittsfield']
Text:
  DEP entered into a Settlement Agreement with eco/Pittsfield (eco/P), a resource recovery facility in Pittsfield. During recent testing of emissions at the facility, the limits for cadmium and lead were shown to be exceeding the permitted levels. The company has agreed to implement short-term modifications to its existing air quality control systems, and will evaluate and propose long-term measures to improve the performance. In addition, eco/P has agreed to perform an $8,000 mercury-removal project; the company will assist local educational institutions (Berkshire Community College, Holyoke Community College and Springfield Technical Community College) with the disposal of mercury-containing thermometers and also provide digital thermometers as replacements.


Date: 1/26/05
municipality: ['Wilbraham']
Text:
  DEP entered into a Consent Order with a $3,750 Penalty regarding Home Depot U.S.A. for hazardous waste violations at facilities in Wilbraham and West Springfield. The company has agreed to correct the violations, which were discovered during DEP inspections in February 2004.


Date: 1/26/05
municipality: ['Chicopee', 'Northampton']
Text:
  DEP issued a Demand for a $2,580 to Pride Convenience, Inc. for a previously suspended Penalty. In August of 2004, DEP entered into the Order with the company for Stage II (air quality/vapor recovery) violations at three of its facilities in Chicopee and Northampton. Follow-up inspections of the facilities revealed repeated violations.


Date: 1/25/05
municipality: ['Sterling']
Text:
  DEP entered into a Consent Order with a $3,000 Penalty regarding Cycles Inc. located in Sterling for Industrial Wastewater violations. During an inspection of the facility located at 32 Chocksett Road, DEP discovered that the company was discharging water used to cool machinery to the ground without an approved groundwater discharge permit. DEP inspected the injection molding company in February 2004. The company is looking at ways to reuse all of its waste cooling water.1/25/05


Date: 1/25/05
municipality: []
Text:
  DEP entered into a Consent Order with a $28,000 Penalty regarding Jevic Transportation, Inc. a New Jersey-based corporation. Jevic failed to provide DEP timely notification surrounding three separate incidents involving releases of oil and hazardous materials in 2004. The order requires Jevic to review its spill contingency plans with its employees to ensure timely notification and response.


Date: 1/25/05
municipality: ['Malden']
Text:
  DEP entered into a Consent Order with a $10,000 Penalty regarding JKA Automotive of Malden for hazardous waste violation. Lawrence Vozzella, the president of the company, agreed the company had transported and disposed of waste oil in violation of regulations, and will take steps to bring his facility into compliance and retain the services of an environmental consultant to provide comprehensive environmental training for all employees.1/25/05


Date: 1/24/05
municipality: ['Springfield']
Text:
  DEP issued three Penalty Assessment Notices (totaling $50,720) to Roy's Towing of Springfield. Following inspections by DEP and the City of Springfield of businesses owned and operated by George Roy (two salvage yards; a used auto-repair yard and a repair garage), a number of violations were found involving the state's Hazardous Materials management (21C) Solid Waste and Hazardous Waste Cleanup (21E). Three Unilateral Orders were also issued requiring timely implementation of cleanup and corrective actions.


Date: 1/24/05
municipality: []
Text:
  DEP issued a Demand for $1,000 in Stipulated Penalties to Father & Sons of West Springfield for its failure to comply with a Consent Order it had entered into with DEP in February, 2004. The Order at that time suspended a portion of the penalty provided the company develop and implement an Environmental Management Systems (EMS). The EMS, a comprehensive audit that adopts formal environmental processes and procedures, was also to be submitted to DEP by 6/25/04. A follow-up inspection of the Company's facilities revealed that a manual had not been developed.


Date: 1/21/05
municipality: ['Tewksbury']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty regarding Kimball Estates in Tewksbury for wetlands violations. Joseph LaLiberte and Robert Pondelli, (the owners) were found to have caused un-permitted fill of Bordering Vegetated Wetlands (BVW) and that replication did not occur as depicted on the approved plans. The owners agreed to replicate (completely) 500 square feet of BVW no later than 6/17/05. DEP agreed to suspend $2,500 of the Penalty if the site is in compliance on 10/30/07.


Date: 1/21/05
municipality: ['Becket']
Text:
  DEP entered into a Consent Order with an $8,625 Penalty regarding Jacobs Pillow Dance Festival, Inc. of Becket. The performing arts facility is required to make significant improvements to its wastewater facilities. DEP agreed to suspend $2,875 of the Penalty provided all terms of the Order are met.


Date: 1/21/05
municipality: ['Springfield']
Text:
  DEP issued a Unilateral Order to Waste Management Inc. (WMI) of Massachusetts for violations at the Cottage Street landfill Springfield. WMI will be required to install a process to remove hydrogen sulfide gas, to address odor concerns. WMI is in the process of conducting closure of the landfill.


Date: 1/21/05
municipality: ['Springfield']
Text:
  DEP issued a Demand for $1,000 for previously-suspended Penalties to SB Gas of Springfield for failing to comply with a Consent Order issued in February 2004. A January 2005 re-inspection of the facility revealed repeated Stage II (Air Quality) violations.1/21/05


Date: 1/19/05
municipality: []
Text:
  DEP entered into an agreement with a $5,000 Penalty regarding White Eagles Society, Inc. to resolve wetland violations by the Greenfield-based non-profit service organization. The Order requires the Society to remove stone placed without proper authorization and stabilization measures for restoration of lost wildlife habitat, i.e. vegetation and 135-feet of stream bank along Hinsdale Brook. DEP agreed to suspend $2,000 of the Penalty if the Society complies with all terms of the Order.


Date: 1/18/05
municipality: ['Northampton']
Text:
  DEP issued a $2,000 Penalty Assessment Notice to the city of Northampton for Solid Waste violations at the city's landfill. The violations involved the acceptance of contaminated soils from a site in Fairfield, Connecticut during the months of November and December 2004. The soils in question contained low concentrations of cyanide, acceptance of which requires specific and prior approval from DEP. A similar violation occurred previously at the landfill and was addressed in a Consent Order between DEP and the city in December 2003. Under that Order, the City was fined $84,000, of which a large portion was suspended pending the completion of a Supplemental Environmental Project.1/15/05


Date: 1/15/05
municipality: []
Text:
  DEP entered into a Consent Order with the Department of Conservation and Recreation relative to Savoy Mountain State Forest and Notch Visitor Center. The DCR has agreed to address bacteria problems at the facilities.1/13/05


Date: 1/13/05
municipality: []
Text:
  DEP entered into a Consent Order with a $6,000 Penalty involving Resource Control Inc. for Solid Waste violations at the Fitchburg-Westminster Landfill. DEP inspected the landfill in September 2004 and found waste ban violations. In addition to the Penalty the operational policies at the landfill will be revised in order to prevent a recurrence.


Date: 1/13/05
municipality: ['Lowell', 'Westford']
Text:
  DEP executed a Consent Order with a $56,250 Penalty regarding Richard Ayers d/b/a Flawless Painting Company of Lowell for Asbestos (Air Quality) violations. During an inspection on 3/16/04, DEP observed that Ayers had failed provide notification relative to a demolition/renovation operation involving the removal of asbestos-containing materials and failed to properly wet, seal, label and dispose of asbestos-waste materials during a renovation project he was doing at a residence in Westford. DEP agreed to suspend the entire amount based on Ayers bankruptcy, provided he does not repeat the violations for one year.


Date: 1/12/05
municipality: ['Fairhaven', 'New Bedford']
Text:
  DEP entered into a Consent Order with a $7,500 Penalty regarding Jay Cashman, Inc. for failing to notify DEP of a hydraulic oil release into New Bedford Harbor during dredging activities conducted in May 2002. This spill was followed by two other hydraulic oil releases in May 2002, which were reported, but were the result of dredging practices that could have been modified to avoid the spills. This resulted in a discharge to the waters of the Commonwealth without a permit. In addition to the Penalty, the company agreed to conduct a Supplemental Environmental Project (SEP) involving payment of $7,500 into an escrow account. The SEP will be used by the City of New Bedford and the Town of Fairhaven to purchase oil spill response equipment as recommended by the Buzzards Bay Geographic Response Plan. The Buzzards Bay Geographic Response Plan is an oil spill planning document that is used by spill responders to guide decision making during the initial stages of an oil spill response. The document identifies coastal features including shoreline type, sensitive biological, cultural and economic resources at risk and priorities for initial protective efforts. Strategies for placing boom and other spill protection/collection equipment are also presented on coastal aerial photographs.


Date: 1/12/05
municipality: ['Adams']
Text:
  DEP entered into a Consent Order with a $21,570 Penalty involving Specialty Minerals, Inc of Adams to address air quality violations. While finalizing the re-submission of their air permit, the company discovered and (self) disclosed there were two emission units at the plant that had not been approved. These particulate matter control units had been in operation since 1992. In addition, DEP cited the company for fugitive dust emissions from their facility. The company has now obtained the appropriate permits and agreed to address the dust emissions.1/11/05


Date: 1/10/05
municipality: ['Revere']
Text:
  DEP entered into a Consent Order with a $5,000 Penalty involving Paul & Lynne Evans of Revere for wetlands violations. The Evans own the property at 103 Summer Street in Revere where DEP determined during an inspection of the site on 10/6/04, that work resulted in the alteration of approximately 1,000 square feet of Riverfront Area and filling of approximately 50 square feet of Salt Marsh within Rumney Marsh (a designated Area of Critical Environmental Concern).


Date: 1/10/05
municipality: ['East Bridgewater']
Text:
  DEP issued a Unilateral Administrative Order to Towne Cleaners of East Bridgewater. The facility, which is located at 5 West Union Street, was ordered to cease a discharge of contaminated cooling water to a storm drain system. DEP received an anonymous tip regarding a dry-cleaning solvent odor emanating from a catch basin. DEP inspected the dry cleaners and noted that non-contact cooling water discharging to an onsite drainage pipe had an odor of perchloroethylene. The owner immediately discontinued the discharge and halted use of the dry cleaning machine pending repairs of a leak in the cooling loop. Today's Order formalized the cessation of an un-permitted discharge. DEP will issue a Notice of Responsibility to require further assessment of the release.


Date: 1/7/05
municipality: []
Text:
  DEP entered into a Consent Order with West Boylston Water District for violations of the Water Management Act. The District failed to apply for a permit to operate above the authorized withdrawal rate stipulated in its registration statement. The Order requires the District to implement a number of water conservation measures designed to decrease average and peak day demand. If after fully complying with the terms of the Order, the District still exceeds the authorized withdrawal, the Water District will obtain revised water use projections and submit a WMA permit application. If the Water District violates the terms of the consent order, the Water District will pay the Department a penalty of $8,000.1/7/05


Date: 1/7/05
municipality: ['Holbrook']
Text:
  DEP entered into a Consent Order with an $8,600 Penalty involving the town of Holbrook. The town installed sewer extensions without having obtained permit approval. The town agreed in this order to implement a sewer-bank. The town must remove 4 gallons of infiltration and inflow for every 1 new gallon of sewage added. The Order does allow some flexibility


Date: 1/5/05
municipality: ['Fall River']
Text:
  DEP issued a $7,000 Penalty Assessment Notice to Michael's Service Station, Inc. of Fall River. The facility, which is located at 673 Bedford Street, is required by DEP's Unilateral Administrative Order to assess and remediate in a timely manner, the release from the station's Underground Storage Tanks (UST). In August of 1992, USTs, which were used to store gasoline, were being removed from the property. Assessment from around the tank area indicated that the USTs had released gasoline to the environment. The owner of the property has failed to address the contamination issues at the site and has fallen into non-compliance. The Department issued a Notice of Noncompliance to the property owner in March 2004. The property owner has continued to fail to address the site.


Date: 1/5/05
municipality: ['Wareham']
Text:
  DEP entered into a Consent Order with Robert L. Perry of Wareham. The Order allows Perry to abandon his cranberry bogs in Middleboro instead of obtaining a Water Management Act permit. Perry agreed he will first obtain a Water Management Act Permit if he should resume farming more than 9.3 acres of bogs. Today's Order also rescinds two previously issued DEP enforcement documents


Date: 1/3/05
municipality: ['Dracut']
Text:
  DEP entered into a Consent Order with a $25,000 Penalty regarding Premier Homes/Meadow Creek for Wetlands violations. The company, which owns the property off Broadway Road in Dracut, exceeded the allowable alteration of wetlands resource area as delineated in a superseding order of conditions issued for the project. The company received a Notice of Noncompliance from DEP for similar violations on 3/25/04. In addition to the Penalty, the company agreed to restore the impacted area by 6/30/05.


Date: 12/28/06
municipality: []
Text:
  MassDEP entered into a Consent Order with an $8,200 Penalty involving Garelick Farms, LLC, a Delaware-based corporation, for Waste Site Cleanup violations in Franklin. The company failed to notify MassDEP of a release of 50 gallons of diesel fuel within the required timelines. In the wake of its failure to notify, the company has now moved to comply with additional requirements including hiring the appropriate cleanup professionals.


Date: 12/28/06
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with a $36,360 Penalty regarding Tempron Products Corp., a small rubber products manufacturer operating at 26 Granite Street in Milford for Hazardous Waste violations. During an inspection by MassDEP in 2005, it was determined that the company failed to label a hazardous waste and a waste oil container. MassDEP issued a Notice of Noncompliance in June of 2005. A follow-up inspection and subsequent telephone conversations with company officials revealed the company illegally disposed of the hazardous waste and waste oil by using it to help ignite a pile of brush at a company official's home. Under the terms of today's Order, the company, a small business with documented financial hardship, will pay $500 with the balance suspended for a year pending compliance with applicable regulations.12/28/06


Date: 12/28/06
municipality: ['Milford']
Text:
  MassDEP executed a Consent Order with a $36,860 Penalty involving Tempdon Products Corporation of Milford for Hazardous Waste violations in Milford. During a MassDEP inspection at the company to determine compliance with a Notice of Noncompliance, it was determined that the company had not complied with the labeling requirements, and that the company illegally disposed of the hazardous waste and waste oil by using it to help ignite a pile of brush at a company official's home. Based on financial hardship and under MassDEP's small business policy, $36,360 of the Penalty will be suspended pending compliance.


Date: 12/28/06
municipality: ['Brookline']
Text:
  MassDEP executed a Consent Order Heath-Hammond, LLC, owner of 639 Hammond Street in Brookline for Waste Site Cleanup violations. Specifically, the company was cited for failure to meet deadlines set out in an Interim Deadline Letter issued on 10/3/06. The former, auto shop is being developed for residential use. The owner recently purchased the site and requires extra time for removal of up to 300 yards of contaminated soil. Today's Order establishes a deadline for submitting Waste Site Cleanup reports with a final (or Response Action Outcome) statement. Today's Order also contains a stipulated penalty provision for any missed deadlines.12/28/06


Date: 12/21/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $21,750 Penalty involving the Boston Medical Center (BMC) for Hazardous Waste compliance violations. On 3/20/06, 40 packets of acid-based hazardous materials were improperly disposed, resulting in vaporization and harmful air emissions and, as a pre-caution the premises at 715 Albany Street had to be evacuated. In addition to the penalty, BMC has agreed to re-train it employees in the proper use, storage and disposal of hazardous waste and to develop and implement an Environmental Management System (EMS).


Date: 12/21/06
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with Wyeth Pharmica for Air Quality Control violations at its Burtt Road facility in Andover. Today's Order contains a compliance schedule for replacement of a failed heat exchanger serving an air pollution control (APC) system at the company's biotech facility in Andover. The heat exchanger, which failed at the end of November 2006, served the air pollution control system on its combustion turbine generator. Wyeth operates two generators that provide power for its biotech manufacturing processes. Wyeth has agreed to purchase discrete nitrogen oxide (Nox) credits in the amount of the excess emissions occurring during this period. Worst-case calculations indicate that it will be necessary to purchase and permanently retire approximately two tons of Nox Emission Reduction Credits. Wyeth will be subject to daily-stipulated penalties if it fails to meet any of several aggressive interim milestone dates contained in today's Order leading to the installation and operation of the new heat exchanger.12/20/06


