# MADEP_enforcement

Date: 4/10/15
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Michael Doucette for Asbestos violations at Central Fire Station in North Attleboro. Doucette, d/b/a Michael Doucette Plumbing violated the Asbestos regulations at the Station located at 50 Elm Street in North Attleboro while in the process of performing a heating system upgrade.  Doucette cut existing heating pipes that were wrapped with asbestos containing thermal insulation, which resulted in asbestos containing insulation debris contaminating basement work and storage areas.  These actions resulted in several asbestos work practice and waste disposal violations including failure to ensure that the asbestos-containing material remained wet until and after sealed into a container for disposal and failure to containerize this waste material in leak-tight and properly labeled waste containers.  Doucette will pay $2,000 in 4 installments over the course of a year and the remaining $2,000 will be suspended in accordance with MassDEP's Small Business Policy.  Asbestos abatement activities have been completed at the Central Fire Station; therefore, no additional actions are required.


Date: 4/9/15
municipality: ['Tewksbury']
Text:
  MassDEP entered into Consent Order with $29,000 Penalty involving Michael M. Dediu, Sr. and Sophia S. Dediu for Wetland Protection Act violations on their residential property at 230 North Street in Tewksbury.  Tewksbury Conservation Commission requested MassDEP to take over enforcement efforts after multiple attempts, including two enforcement orders for continuing destruction and alteration of wetland resource areas associated with Marshall Brook, failed to bring this site into compliance.  MassDEP confirmed that the Dedius had altered 70 linear feet of bank and 8,000 square feet of bordering vegetated wetland (BVW) from the following


Date: 4/3/15
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving JSM Management Co., LLC for Waste Site Cleanup violations at 1 Charles Street in Newburyport. JSM owns the site and had previously been issued a failure to comply with a Notice of Noncompliance (NON). The NON required a phase two, three and four reports detailing initial site assessment, remedial alternatives and implementation by 10/10/14. Today's Order requires that unless a down-gradient property status is submitted, then a permanent or temporary solution statement which meets the requirements will be submitted by 8/31/15. The company shall pay $2,000 with $28,000 of the Penalty suspended.  The suspended penalty will come due if JSM Management CO. LLC violate any provision of the Order.


Date: 4/2/15
municipality: ['Billerica']
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office (AGO) that a joint motion was filed regarding W.L. French Excavation Company. The motion filed by the AGO and French is to approve a consent judgment that was entered in and allowed by Suffolk Superior Court. French, a waste hauling company based in Billerica, will pay $62,500 to settle claims by the AGO and MassDEP that French illegally dumped multiple loads of construction and demolition waste at an unpermitted site in Methuen (the Battye Site). The total payment of $62,500 includes a $57,500 payment into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site, along with a $5,000 civil penalty.  The settlement also prohibits W. L. French from unlawfully handling, storing or disposing of construction and demolition waste or other solid waste.


Date: 4/2/15
municipality: ['Tewksbury']
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office (AGO) that a complaint had been filed in Suffolk Superior Court against Gigs LLC.  Gigs is a waste hauling company formerly based in Tewksbury, having merged with Gigs, LLC in Windhill, NH.  The complaint, filed on behalf of MassDEP, is regarding the alleged dumping of more than 244 loads of coated and uncoated concrete, asphalt, stone, brick, and tile, over a period of 45 days at an unpermitted site in Methuen, MA (the Battye site).


Date: 4/2/15
municipality: ['Quincy']
Text:
  MassDEP executed a Consent Order with a $28,125 Penalty involving the city of Quincy for Wetlands violations at 122 Russell Park in Quincy.  In 2009, as part of an appeal of a local order of conditions, MassDEP reviewed work proposed by Quincy at Faxon Field including the installation of a 12-inch equalization pipe under the Russell Park roadway.  After MassDEP requested additional supporting hydrological information for the pipe, Quincy withdrew the pipe from the proposed work.  MassDEP notified Quincy that the pipe would be subject to the filing of a new notice of intent if Quincy wanted to construct the pipe in the future.  In July of 2009, MassDEP issued a superseding order of conditions for the remaining proposed work at Faxon Field.  In July 2012, MassDEP became aware that Quincy constructed the pipe without filing the required notice.  On 10/2/12, MassDEP executed an Order with Quincy for hazardous waste, water pollution control and wetlands violations.  That Order required Quincy to file an "after the-fact" Notice for the installation of the pipe including the supporting hydrological calculations which Quincy did in December 2012. Quincy's own conservation commission issued an Order of Conditions, and MassDEP intervened and took jurisdiction because the pipe discharged into an area serving as a compensatory flood storage area for alteration to bordering land subject to flooding. During further review, MassDEP also found that the installation of the pipe had altered approximately 200 square feet of bordering vegetated wetland and 15 linear feet of bank.  On 6/12/13, MassDEP requested additional information from Quincy with a 70-day deadline for submittal. In October of 2013, after not receiving the information, MassDEP communicated with Quincy about the obligation to produce the information and was assured the information would be submitted in a timely fashion. As of 11/4/14, MassDEP had not received the information from Quincy, any request for additional time to respond, or any communication concerning the pipe installation.  Today's Order requires that within 30 days, Quincy submit specific information including a detailed "as-built" plan for the pipe and explanation of how the alteration of BVW, Bank and BLSF meet the performance standards. The document also contains a penalty of $9,000 paid with the remaining $19,125 suspended within one year if in compliance.


Date: 4/2/15
municipality: []
Text:
  MassDEP entered into a Consent Order with Hopedale Landfill, the owner, Maurice J. Murphy, and the consultant/contractor, Cover Technologies, Inc. for the proper closure of the former Hopedale Landfill.  Approximately 325,000 cubic yards of mildly contaminated soils will be used to properly grade and shape the landfill and be sloped/configured to allow the installation of a solar array as a potential post-closure use.  Today's Order requires full compliance with the Solid Waste regulations.  Also, the guidelines for determining closure activities at inactive unlined landfill sites with a high-density polyethylene geo-membrane, and fully-funded closure and post-closure Financial Assurance Mechanism.  This action will allow the closure of an old unlined landfill that has not been in operation since 1990.  


Date: 4/1/15
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving NVP, LLC (formerly Columbia Electric), for Waste Site Cleanup violations at 100 Oak Street in Taunton. Today's Order with NVP is specifically due to the failure to submit a tier classification extension (a waste site ranking) and a phase two comprehensive site assessment report, a phase three remedial action and phase four remedy implementation plan, nor the required response action outcome statement as due by the deadline as established.  Under today's Order, NVP will pay $7,500 within 30 days of the effective date of the Order.  The remainder of the penalty ($7,500) is suspended.  Today's Order establishes strict deadlines for the submittal of an imminent hazard evaluation, a tier classification extension, the phase two, three and permanent or temporary solution statements.


Date: 4/1/15
municipality: ['Granby']
Text:
  MassDEP entered into an Amendment to a Consent Order with International EC, LLC, for Water Supply violations in Granby. International EC, LLC is the owner of The MacDuffie School. The LLC has agreed to address its response to elevated levels of copper in excess of the regulatory action level at The MacDuffie School.  The amended response incorporates a new public drinking well that is being installed at this public water system. Today's Amendment will help to bring the system into compliance while providing options for the public water system.


Date: 4/1/15
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Don Straughter for Waste Site Cleanup violations at 1589 Columbus Avenue in (Roxbury) Boston. Straughter is the owner of the property where specific violations include failure to meet deadlines already established in a previous Amended Notice of Noncompliance dated 10/7/14. Today's Order requires a phase two comprehensive site assessment report which meets the requirements by 8/10/15.  Thereafter, a phase three and four report remedial selection and implementation by 11/10/15.  Finally, a permanent or temporary solution statement for the site, or alternate, which meets the regulatory requirements, will be submitted by 8/10/16. Straughter will pay $2,000 of the Penalty and $28,000 will be suspended with a stipulated penalty provision for any missed deadlines.


Date: 3/31/15
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with a $46,150 Penalty involving Cruz Abatement and Contracting Services, LLC for Asbestos violations at 64 Cambridge Street in Burlington. MassDEP performed a routine inspection of the respondent's asbestos removal work at the site and found that asbestos containing material had been improperly removed and handled by the respondent.  MassDEP observed the respondent removed asbestos-containing material dry, a violation, and that asbestos-containing waste material was removed utilizing improper technique.  As a result of the violations observed by MassDEP, the respondent will pay $10,000 and $36,150 will be suspended for two (2) years.  The small business policy was utilized in reaching this agreement.


Date: 3/31/15
municipality: []
Text:
  MassDEP issued twenty (20) Notices of Noncompliance for Waste Ban violations including retail stores, companies and waste haulers. These entities disposed of, or transferred for disposal, cardboard, bottles, cans and other materials that are subject to state waste-disposal bans. The violators were given 30 days to provide MassDEP with written descriptions of each action taken to correct the violations cited in these NONs.  The steps taken could include status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information


Date: 3/31/15
municipality: []
Text:
  MassDEP issued ten (10) $500 Penalty Assessment Notices to dental practices across the state under the Dental Amalgam Mercury Recycling Enforcement. The facilities failed, after repeated reminders and warnings, to certify by June, 2014, that they had installed and were operating approved amalgam separator systems to eliminate mercury from their wastewater discharges. Dental facilities that use mercury amalgam are required to do this every five years. More information


Date: 3/27/15
municipality: ['Lawrence']
Text:
  MassDEP entered into Consent Order with a $3,000 Penalty involving Eastern Packaging, Inc., for Air Quality violations in Lawrence.  The facility, as part of pre-stack testing screening activities, determined that it would fail to meet the overall efficiency as it pertains to volatile organic compound destruction/removal. The catalytic oxidizer control device in question was required in this facility's plan approval issued in 2006.  Eastern Packaging will pay a total of $3,000 for this violation.  Additionally, as part of the Order, the facility is required to implement a semi-annual core sampling program to analyze for catalyst activity and monthly screening activities, in addition to the required stack testing of the control device, to prevent the recurrence of this violation.    3/27/15


Date: 3/26/15
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $32,625 Penalty involving W.L. French Excavating Corporation for Asbestos violations at 24 East Street in Cambridge.  MassDEP performed a compliance inspection of the asbestos abatement work at this address. MassDEP observed during an inspection of the site that a truck loaded with asbestos containing waste material belonging to the respondent had exited the site and removed the required hazardous materials placards in order to transit through the O'Neil Tunnel.   As a result of the violations observed by MassDEP, and under today's agreement, the respondent will pay $20,000 of the Penalty and $12,625 will be suspended for one year.   


Date: 3/25/15
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with  Qianlong USBoston, LLC, for Water Supply violations in Belchertown. Qianlong USBoston, LLC must address the repeated elevated levels of total coliform in this public water system at Cold Spring Country Club. The operator must take the required steps to address incidents in which the total coliform in this system tested at levels that exceed the maximum contaminant level under the regulations.   


Date: 3/25/15
municipality: ['Rehoboth']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving KP Grille, LLC, for Drinking Water violations in Rehoboth. The respondent did not have a certified drinking water operator to oversee this, a transient non-community public water supply system.  The system is located at 481 Winthrop in Rehoboth. Under the terms of today's Order, the respondent will pay $860 of the Penalty which is being paid by the owner/manager of the restaurant.  The remaining $860 will be suspended.  KP Grille, LLC, now has an approved certified operator and compliance notice in place with a properly-licensed operator responsible for this, a public water supply system for the KP Grille, LLC.


Date: 3/24/15
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Stevens Street LLC for Waste Site Cleanup violations at 250 Cape Highway in Taunton.  The respondent failed to file the required Activity and Use Limitation (AUL) that is necessary for this cleanup site. The MassDEP identified violations as a result of a compliance screening audit and site inspection. A 60-day deadline was established in the notice of audit findings/Notice of Noncompliance that MassDEP issued. Prior to the expiration of the deadline established by MassDEP, the respondent submitted a request from Stevens Street, LLC for additional time to discuss and address the AUL violations.  Today's Order establishes a deadline to correct the AUL violations.  


Date: 3/20/15
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $172,240 Penalty involving NEWS of Worcester, LLC, for Greenwood Street Landfill for Worcester.  The respondent under today's Order will resolve its violation of solid waste regulations at a closed landfill on Nip Napp Trail in Worcester.  The company was limited by permit to a final landfill elevation of 512 feet during its repair of the landfill cap, but instead brought in too much material, resulting in an elevation of 524 feet.  Today's Order including the Penalty is related to the recovery of the economic benefit realized by NEWS of Worcester, LLC due to its overfilling.  The company has paid a penalty of $43,060 to the Commonwealth, and the remainder of the Penalty will be used to conduct a Supplemental Environmental Project (SEP) in the local community. The SEP calls for the design and construction of the "Your Sanctuary in the City" project at the Broad Meadow Brook Conservation Center and Wildlife Sanctuary in Worcester. That project will incorporate a variety of environmental best practices, including storm water recycling, the use of recycled or sustainability produced construction materials, and responsible management of construction and demolition wastes. In addition, the Education Center will support the environmental education goals of the sanctuary and Mass Audubon through the provision of classroom space, and the use of interpretive signage and displays regarding the building renovation and operations.


Date: 3/19/15
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with 1 $1,250 Penalty involving Crete Carrier Corporation for Waste Site Cleanup violations in Springfield.  Crete Carrier is a Nebraska-based long haul trucking company. Crete failed to submit a release notification or permanent solution statement for a release of 75 gallons of diesel fuel that occurred on Interstate 91 in Springfield. The release occurred on 8/13/14, when a tractor-trailer unit owned and operated by Crete was involved in an accident at the location. Response actions were performed by the Springfield Fire Department, MassDEP, and an environmental contractor. Although the cleanup was successfully completed, Crete failed to submit documentation from the cleanup, and failed to respond to a Notice of Noncompliance issued in October 2014 by MassDEP. An extension of the deadline was allowed to submit the required information. In signing today's Consent Order, Crete has agreed to submit the missing documentation and pay the $1,250 Penalty.


Date: 3/19/15
municipality: ['Hubbardston']
Text:
  MassDEP entered into a Consent Order with William P. Callahan, Jr., Kathryn J. Callahan, and William P. Callahan, III, of Hubbardston for Drinking Water Supply violations. Today's Order contains an enforceable schedule to provide an approved transient non-community public water system to serve the property, Hubbardston Crossing which is located at 32 Main Street in Hubbardston. Today's Order requires the owner to operate the on-site well that supplies water to the strip mall in accordance with the requirements for this type of water system.  The penalty has been suspended pending compliance with the requirements. This action will ensure that anyone served by this system will receive water that is safe and fit to drink.


Date: 3/16/15
municipality: ['Norton']
Text:
  MassDEP entered into a Consent Order with South Shore Millwork Inc., for Air Quality and Hazardous Waste Management violations in Norton. The violations were made evident following self disclosure by the company. As documented in the Consent Order, MassDEP is to recover unpaid annual compliance fees and the company is to apply for a plan approval for its air emissions and revise its hazardous waste generator status.


Date: 3/12/15
municipality: ['Williamstown']
Text:
  MassDEP issued a Declaration of Water Emergency to SB Operating Company LLC, d/b/a Sweetbrook of Williamstown Rehabilitation and Nursing Center located in Williamstown.  MassDEP issued this necessary Declaration after the system experienced a pump failure. The Declaration allows the community public water system to use another water source, specifically additional water from another of its public water system sources.


Date: 3/11/15
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $430 Penalty involving Wilfred Francis for Solid Waste violations at 564 Fisher Road in Dartmouth. Wilfred Francis was operating a compost site without a General Permit. Francis submitted a General Permit to MassDEP on 3/2/15 and will pay a $430 penalty within 30 days.


Date: 3/11/15
municipality: ['Northampton']
Text:
  MassDEP issued a Demand for a $5,000 Payment to Don Lia of Northampton for Waste Site Cleanup violations at 171-187 King Street in Northampton. This pertains to payment of a previously-suspended penalty to Don Lia, owner of the former Lia Honda in Northampton. The site is contaminated with metals and PCBs and requires maintenance of pavement to prevent direct contact with underlying contaminated soil. Lia filed a temporary solution for this site that requires periodic inspection and maintenance of the pavement and submittal of status reports to MassDEP. These status reports are necessary to document inspection results and any maintenance activities. On 9/24/13, MassDEP and d Lia entered into a Consent Order with Penalty to resolve waste site cleanup violations, the failure to maintain the temporary solution at this site. At that time, MassDEP agreed to suspend $5,000 but required that status reports for the temporary solution be submitted by 3/9 and 9/9 of each calendar year until a permanent solution is achieved.  MassDEP received a status report in December 2014, nearly three months past its due date, indicating that pavement repair was necessary and would be conducted. Further, MassDEP did not receive the status report due on 9/9/15.  Documentation of the pavement repair, necessary to maintain the temporary solution, as documented in the December 2014 status report, has not been received.


Date: 3/10/15
municipality: ['Wakefield']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Harvard Mills LLC for Waste Site Cleanup violations at 178 Albion Street in Wakefield. The LLC is the owner of the property where violations involved the failure to achieve a response action outcome within the deadlines established in a notice of noncompliance that had been issued on 12/18/12. New deadlines have now been established to return to compliance with the submittal of a temporary or permanent solution, or a remedy operation status submitted by 2/1/17. In addition, Harvard Mills LLC will pay $3,000 of the Penalty, with the remaining $27,000 suspended, pending compliance.


Date: 3/10/15
municipality: ['Springfield']
Text:
  MassDEP issued a Demand for $500 in Stipulated Penalty to Fauzia Rafiq and Lubna Ahmad of Springfield. The respondents are the owners of a site at 20 East Street in Springfield, from which a convenience store and gasoline filling station operates.  Rafiq and Ahmad entered into a Consent Order with MassDEP on 9/17/14, which required submittal of a phase two assessment report and phase three remedial alternatives plan by 12/1/14. That Order also offered Rafiq and Ahmad the opportunity to prove under MassDEP's financial inability program that they were financially unable to perform the required response actions. Despite several follow-up calls to assist Rafiq and Ahmad in complying with the requirements of the Order, they have failed to perform response actions, and have not submitted financial documentation, prompting the issuance of today's Demand for stipulated penalty.


Date: 3/9/15
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with a $46,150 Penalty involving All State Abatement Professionals Inc. for Asbestos violations at 64 Cambridge Street in Burlington. MassDEP performed a routine inspection of the respondent's asbestos removal work at the site. MassDEP found that asbestos containing material had been improperly removed and handled by the respondent. MassDEP observed the respondent removing asbestos containing material dry, inadequately wetting asbestos containing waste material, and improperly removing asbestos containing material. As a result of the violations observed by MassDEP and under today's Order, All State will pay $10,500 and $36,625 will be suspended for 1 year and 4 months. The small business policy was utilized in reaching this agreement.


Date: 3/5/15
municipality: []
Text:
  MassDEP issued a Unilateral Order to Ferry Street Partners Investment Trust for Solid Waste violations in Easthampton. The Trust has agreed to address violations at a former mill complex that is the subject of a stalled redevelopment proposal. Specifically, today's Order requires that accumulated solid wastes, mostly from building demolition, be removed for proper disposal or recycling and that an asbestos survey/abatement is conducted in accordance with the appropriate regulations.


Date: 3/5/15
municipality: []
Text:
  MassDEP issued an $860 Penalty Assessment Notice to the A. Periera Construction Co. for open burning violations in Easthampton. This Ludlow-based contractor was issued the Penalty to address the open burning of construction debris at a road work project in Easthampton. This case was a complaint referral from the Easthampton Fire Department. 


Date: 3/5/15
municipality: []
Text:
  MassDEP issued more letters to Licensed Asbestos Abatement Contractors requesting additional information relative to fee-exempt applications. Under MassDEP's Asbestos Fee Status Compliance Assistance, a significant number of asbestos abatement notifications had been submitted for projects being claimed as exempt from the $100 filing fee even though the properties in question don't appear to meet the regulatory criteria for exemption.  MassDEP launched this initiative aimed at increasing compliance with Asbestos notification and fee requirements. MassDEP is reviewing online filings dating back to 2013 (when the fee was raised to its current level) for projects submitted as fee exempt. Where a project does not appear to meet the criteria, MassDEP will send a letter asking the submitter to either document the property's qualification for exempt status or pay the fee within 30 days. MassDEP, through the Massachusetts Department of Labor Standards, has emailed more than 200 active licensed asbestos contractors to notify them of the initiative and to remind them of the fee exemption criteria.


Date: 3/5/15
municipality: ['Somerset']
Text:
  MassDEP issued a $31,100 Penalty Assessment Notice to Asset Recovery Group, LLC for Air Quality control (Asbestos) violations in Somerset. Asset Recovery Group, LLC of New Jersey is the former owner/operator of the former Somerset Power Plant (Montaup Electric) located at 1606 Riverside Avenue in Somerset.  ARG improperly handled and removed asbestos-containing materials while conducting salvaging and demolition activities at the facility.  In response to a complaint, MassDEP inspected the facility and determined ARG had created the following


Date: 3/4/15
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with Harvard University School of Public Health relative to Air Quality regulations in Boston. The Order allows Harvard University to operate its emergency diesel generator (EDG) during its recent electrical system upgrade project at their School of Public Health Building No. 2 on 677 Huntington Avenue in Boston.  Air Pollution Control Regulations do not allow for the use of emergency diesel generators for planned maintenance activities. However, this Order was sought by Harvard University to operate its EDG to conduct the electrical system upgrade project only for a limited number of hours and is based on safety issues in this constrained location


Date: 3/3/15
municipality: []
Text:
  MassDEP entered into a Consent Order with a $32,500 Penalty involving Walsh Construction Company for Wetlands violations in Amesbury. The violations occurred during the Whittier Bridge reconstruction project in Amesbury. Walsh is the contractor selected by Mass Department of Transportation to perform the Interstate 95 widening and Whittier Bridge reconstruction. MassDOT received a local order of conditions and 401 water quality certification from MassDEP for the project. In August of 2014, MassDEP observed that approximately 525 square feet of salt marsh and approximately 1,800 square feet of bordering vegetated wetlands had been filled with dredge spoils in connection with the project. Shortly thereafter, MassDOT reported to MassDEP that Walsh was conducting dredging/pre-excavation for cofferdam construction without the required silt curtain. At the direction of MassDEP and MassDOT, the dredge spoils were removed and proper environmental controls were installed. Today's Order now requires full restoration of the altered salt marsh and wetlands with long-term monitoring, and, full compliance with the original approval orders. Walsh will pay $15,500 of the Penalty and the remaining $17,000 will be suspended upon full compliance.  


Date: 3/3/15
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with an $18,875 Penalty involving Sav On Transportation LLC for Waste Site Cleanup violations at 4334 Washington Street in Roslindale (Boston). Sav On Transportation LLC is located in East Falmouth, and failed to report a 3/21/14 release of approximately 127 gallons of gasoline that occurred during a bulk delivery to a service station in Roslindale. Today's Order requires Sav On Transportation to pay a penalty $6,500 with the remaining $12,875 suspended contingent on compliance with the terms of the Order. In addition, Sav On is required to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan within 45 days, and additionally imposes stipulated penalties of $1,000 per day should additional violations occur.


Date: 3/2/15
municipality: ['Uxbridge']
Text:
  MassDEP entered into a Consent Order with a $47,978 Penalty involving the town of Uxbridge for Asbestos violations. In October 2013, MassDEP learned that asbestos-containing materials (vinyl asbestos floor tiles) had been improperly removed from three classrooms, transported in wheelbarrows through the school, and discarded in an open top roll-off container stored outside at the site. MassDEP observed the dry asbestos-containing waste in the open top roll-off container at the site. In addition, the town did not notify MassDEP prior to commencing the work as required by the regulations. Today's Order assesses and suspends a $47,978 Penalty based on compliance with applicable asbestos requirements for one year. In addition, the town has agreed to conduct an Asbestos Awareness Session for its municipal employees and invite municipal employees from 12 surrounding communities to attend at no cost. This action will help ensure municipal employees in the Uxbridge area are properly trained and will lead to better compliance with requirements regarding Asbestos.


Date: 3/2/15
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with $4,882 Penalty involving Getty Properties Corp for Water Supply violations in Granby. As owner of the Chestnut Mart public water system in Granby, Getty Properties reported elevated levels of the Total Coliform Rule monitoring and water quality violations. Today's Order now requires Getty to install an up-to-date disinfection system and prepare an operations manual. Getty will pay $1,000 and the remaining $3,882 will be suspended pending compliance with the Order.


Date: 2/27/15
municipality: ['Winchendon']
Text:
  MassDEP issued a Unilateral Order and a $30,000 Penalty Assessment Notice to Richard Lavigne former Gale Chevrolet for Waste Site Cleanup violations in Winchendon. Richard Lavigne failed to complete response actions, including the submittal of reports detailing the phase two assessment, the phase three remedial alternatives analysis, and the phase four selection and implementation. Also, a temporary or permanent solution must be submitted.  These violations were originally addressed in notices of noncompliance and prior Consent Order. However, the violator remains out of compliance and MassDEP has not received any of the required reports. MassDEP today issues this Unilateral Order requiring submittal of the required reports within one year, and issues a penalty of $30,000.


Date: 2/26/15
municipality: ['Billerica']
Text:
  MassDEP issued a Demand for $7,000 in a previously-suspended Penalty to Empire Recycling, LLC, for solid waste violations at its facility in Billerica.  Empire failed to certify the completion of certain improvements to the facility and to submit a final operation and maintenance plan as required by a Consent Order the facility signed in 2014. Empire failed to make the Penalty payments in accordance with the payment schedule set forth in the Order. As a result, MassDEP will issue a demand for full payment of the outstanding cash penalty of $15,000.  The solid waste recycling facility has a general permit, meaning the facility accepts source-separated recyclable paper, cardboard, and mixed recyclable containers; removes incidental waste; and transfers the recyclables off-site for recycling.  


Date: 2/25/15
municipality: ['Haverhill']
Text:
  MassDEP issued a Unilateral Order and a $105,000 Penalty Assessment to Long Beach Mortgage Loan Trust et al. in connection with Wetlands violations in Haverhill. The documents were issued to Deutsche Bank National Trust Company as trustee for Long Beach Mortgage Loan Trust 2004-3, Asset-Back Certificates, Series 2004-3 and Ocwen Loan Servicing, LLC, Servicing Agent for Deutsche Bank National Trust Company and as trustee for Long Beach Mortgage Loan Trust 2004-3, Asset-Back Certificates, Series 2004-3 (collectively "Deutsch Bank"). The original violations occurred at 115-117 Merrill Avenue in Haverhill and were noted in April of 2012, when MassDEP executed a Consent Order with then owner of the property, Marilyn Campbell, for Wetlands violations including filling/alteration of 10,000 square feet of bordering vegetated wetland (BVW) and unauthorized activity in the buffer zone to BVW. The Order at that time required full restoration of the BVW and buffer zone with long-term monitoring. Deutsch Bank took ownership of the property by foreclosure in July 2012. In January 2013 MassDEP began communication with Deutsch Bank about the still applicable Order and wetland restoration obligations. Since then, Deutsch Bank has made repeated representation to MassDEP that it will undertake the requisite restoration and, to date, has failed to commence the restoration work. Today's Order contains the requirement to restore the altered BVW and buffer zone with long-term monitoring.


Date: 2/24/15
municipality: []
Text:
  MassDEP entered into a Consent Order with a $13,500 Penalty involving Clean Harbors of Braintree, Inc. for Hazardous Waste Management violations in Braintree. MassDEP found violations during inspections on 7/29, 7/31 and 8/6 in the year 2014. This licensed hazardous waste treatment, storage, and disposal facility, located at 1 Hill Avenue in Braintree was found during inspections and review of records to have several hazardous waste violations related to storage and signage along with a violation related to stormwater.


Date: 2/24/15
municipality: ['Norwell']
Text:
  MassDEP entered into a Consent Order with $1,000 Penalty involving Clean Harbors Environmental Services, Inc. in Norwell. This facility is a licensed hazardous waste transporter, located at 42 Longwater Drive in Norwell. On July 29, July 31, and August 6, 2014, MassDEP conducted an inspection of Clean Harbors of Braintree, Inc., located at 1 Hill Avenue, Braintree, Massachusetts. During those inspections, MassDEP conducted a review of the Facility's Electronic Monthly Operation Reports (EMORs) associated with wastes transported from Clean Harbors of Braintree, Inc. Based on this review, inaccurate and incomplete reporting violations were noted.


Date: 2/23/15
municipality: ['Worthington']
Text:
  MassDEP issued a Declaration of a Water Emergency to the Worthington Fire District in Worthington. The Order allows Worthington Fire District to provide an alternate water source to continue service to the five homes on its system that had lost water due to a frozen water main suspended on a bridge while it worked to thaw the line and restore service.


Date: 2/23/15
municipality: ['Lenox']
Text:
  MassDEP issued a Declaration of a Water Emergency to the Lenox Water Department in Lenox. Today's Order allows for Lenox Water Department District to provide alternate water to a large apartment complex that had lost water due to a water break and broken valve.


Date: 2/23/15
municipality: ['Ipswich']
Text:
  MassDEP entered into a Consent Order with Ipswich Municipal Electric Power Plant in Ipswich for Air Quality violations. The Plant is required to address its noncompliance with federal regulation relative to National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE). Specifically, today's Order cites noncompliance with requirements including lack of maintaining required records, failure to perform required maintenance, and noncompliant operation. In addition, today's Order addresses the fact that the facility failed to install pollution control devices within the timeframe established in an extension previously granted by MassDEP. The determination of these violations was made following an announced air compliance evaluation inspection of the facility conducted by MassDEP in August and September of 2014. In addition to ensuring the facility will comply with the record-keeping, maintenance, and operational requirements.  Today's Order establishes timeframes for the installation of diesel oxidation catalysts such that the facility will comply with carbon monoxide percent reduction requirements applicable to its non-emergency RICE. Through the use of oxidation catalysts, the facility will reduce emissions of carbon monoxide (used as a surrogate for hazardous air pollutant emissions) from eight of its nine RICE by at least 70 percent.


Date: 2/20/15
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $25,800 Penalty involving Daryl Holloway as trustee of Blue Hill Avenue II Realty Trust for Waste Site Cleanup violations in Boston. The Blue Hill Avenue II Realty Trust is the owner of the property at 1366 Blue Hill Avenue in Mattapan (Boston). Specifically, the violations were for failure to meet deadlines established in a previous notice of noncompliance dated 5/28/14. Today's Order now requires a phase two comprehensive site assessment report which meets the requirements by 6/30/15. Thereafter, a phase three remedial alternatives analysis which meets the requirements is due by 9/30/15 and a phase four remedial implementation for the site which meets the requirements. A permanent or temporary solution statement for the site, which meets the requirements, is due by 9/30/16. The Trust will pay $2,400 of the Penalty with the remaining $23,400 suspended and a stipulated penalty provision for any missed deadlines.


Date: 2/20/15
municipality: ['Littleton']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Life Care Centers of America, Inc., for Groundwater Discharge violations in Littleton.  Life Care Centers of America, Inc. must correct/resolve the violations at the groundwater discharge facility serving the company's Littleton House Nursing Home, located on Foster Street in Littleton. MassDEP inspectors identified maintenance problems that resulted in violations of the Groundwater Discharge system at the facility. The company has agreed to an enforceable schedule of operational modifications and physical upgrades to restore proper operation of the treatment facility. This action will result in the proper treatment of 18,000 gallons per day of wastewater.  


Date: 2/19/15
municipality: ['Dighton']
Text:
  MassDEP entered into a Consent Order with an $18,347.50 Penalty involving E&Z Enterprises, LLC, for Waste Site Cleanup violations in Dighton. While refueling a vehicle, an employee for East Coast Interiors Corp, released an estimated 29.28 gallons of diesel fuel that impacted the driveway and impacted two storm drains.  As operators of a commercial fueling facility they failed to report the release of diesel fuel that is above the 'reportable quantity' as stipulated in the Massachusetts Contingency Plan. The company then failed to notify MassDEP prior to conducting an immediate response action. The company will pay $9,173.75 of the Penalty and the remaining $9,173.75 will be suspended pending compliance.


Date: 2/19/15
municipality: ['Dighton']
Text:
  MassDEP entered into a Consent Order with an $11,791 Penalty involving East Coast Interiors Corp for Waste Site Cleanup violations in Dighton. While refueling a vehicle, an employee for East Coast Interiors Corp, released an estimated 29.28 gallons of diesel fuel that impacted the driveway and impacted two storm drains. The company failed to report the release of diesel fuel that is above the 'reportable quantity', and failed to conduct an immediate response action. The company will pay $6,041 of the Penalty and the remaining $5,750 will be suspended pending compliance.


Date: 2/18/15
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order Otis Woodlands Club in Otis for Water Supply violations. The Club will need to address repeated incidents of elevated levels of total coliform bacteria in the public water system. Today's Order provides for response actions should an additional incident occur within twelve months.


Date: 2/17/15
municipality: ['Blandford']
Text:
  MassDEP issued a Unilateral Boil-Water Order to Blandford Water Department in Blandford. The Order was issued in response to Blandford's notice of an emergency situation on Chester Road.  MassDEP's Order serves as a Declaration of Water Emergency and a Boil Order to encompass the response actions planned by Blandford. The Order is applicable to the Chester Road portion of the system that had been impacted by a frozen water main.


Date: 2/11/15
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $19,000 Penalty involving ReEnergy Roxbury, LLC, for Solid Waste and Air Quality violations at its facility in Boston. In response to a complaint referred to MassDEP from the Boston Public Health Commission in September 2014, MassDEP and the Commission conducted an inspection.  ReEnergy operates a permitted construction and demolition waste processing facility located in Roxbury. During the inspection, MassDEP observed that the facility was not being operated in accordance with either the facility permit (authorization to operate) as had been issued in 2012, or its limited plan application for non-fuel emissions as issued in 2009. The facility's dust suppression system was damaged and not in operation, dust was blowing outside of the building, and the building's overhead doors were in disrepair. Additional violations included stockpiled waste that extended outside the doors, and the facility's wood storage area was overfilled.  Today's Order requires ReEnergy to repair the facility and resume operation of the dust suppression system. The respondent will pay $12,000 of the Penalty and the remaining $7,000 is suspended contingent on ReEnergy maintaining compliance for two years.


Date: 2/10/15
municipality: ['Avon']
Text:
  MassDEP entered into a Consent Order with a $40,473 Penalty involving Ranfac Corporation for Air Quality and Hazardous Waste Management violations in Avon. A multi-media inspection revealed that the facility was treating a hazardous waste without a license as well as generating amounts of hazardous waste sufficient to qualify as a large quantity generator, despite it having self-registered as a small quantity generator. The inspection also revealed numerous hazardous waste management violations, including labeling, signage, training and inspections. The facility further failed to maintain air emissions records of actual volatile organic compounds and hazardous air pollutant emissions to demonstrate exemption from plan approval. Today's Order ensures compliance with the Hazardous Waste and Air Pollution Control requirements.


Date: 2/6/15
municipality: ['Northfield']
Text:
  MassDEP entered into a Consent Order with East Northfield Water Company for Water Supply violations in Northfield. East Northfield Water Company has agreed to address its noncompliance with the Surface Water Treatment Rule deadline for installation and activation of a second form of disinfection. Today's Order provides additional time for the public water system to complete the installation which was underway, but not complete by the October 2014 deadline. Under the provisions of today's Order, the installation and activation will be complete by March 2015.


Date: 2/6/15
municipality: ['Gill']
Text:
  MassDEP entered into a Consent Order with the town of Gill for Water Supply violations in Gill. The town of Gill has agreed to address repeated incidents of elevated levels of total coliform bacteria in the Gill Elementary School, a public water system. Today's Order provides for response actions should an additional incident occur within twelve months.


Date: 2/6/15
municipality: ['Gill']
Text:
  MassDEP entered into a Consent Order with Wagon Wheel Drive-In, LLC for Water Supply violations in Gill. Wagon Wheel Drive-In, LLC has agreed to address repeated incidents of elevated levels of total coliform bacteria at the Wagon Wheel Restaurant, a public water system. Today's Order provides for response actions should an additional incident occur within twelve months.


Date: 1/30/15
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $6,325 Penalty involving Dartmouth Power Associates L.P., for Hazardous Waste Management violations in Dartmouth.  A multi-media inspection by MassDEP revealed that the company was accumulating hazardous waste at the site of generation in excess of the prescribed accumulation period. In addition, the company failed to properly label containers of hazardous waste, waste oil and universal waste. They also failed to conduct required weekly inspections of the hazardous-waste accumulation area and failed to keep all containers of hazardous waste and waste-oil closed except during those times when adding waste. Finally, they failed to maintain only one container per waste stream in a satellite area. Today's Order stipulates that the company will ensure compliance with the Hazardous Waste requirements and payment of the total penalty of $6,325.


Date: 1/20/15
municipality: []
Text:
  MassDEP entered into a Consent Order with an $11,586 Penalty involving New England Motor Freight, Inc. for Waste Site Cleanup violations in West Springfield. MassDEP found the operator of the property at 1311 Union Street in West Springfield had violated the regulations by specifically failing to submit a phase four remedy implementation plan, and failing to submit a permanent or temporary solution statement. Additionally, the respondent failed to submit a tier classification (site ranking) extension.  Today's Order requires the submittal of a phase four status report or phase four final inspection report and completion statement by 4/30/15 and the submittal of a permanent solution, temporary solution remedy operation status submittal by 5/30/15. Under today's Order, the company will pay $3,000 and $8,586 of the Penalty will be suspended provided NEMF does not violate any condition of the Order.


Date: 1/20/15
municipality: ['Taunton']
Text:
  MassDEP was notified by Suffolk Superior Court of a Consent Judgment involving Michael C. Fina Co., Inc.  for violations at 5 Myrtle Street in Taunton


Date: 1/23/15
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with Martha B. Nields Trust for Solid Waste violations in Hardwick. Today's Order provides for the closure of a former landfill operation as well as the preservation of adjacent properties as open space by the New England Forestry Foundation.


Date: 1/23/15
municipality: ['Lee']
Text:
  MassDEP entered into a Consent Order with an $8,500 Penalty involving Uni-Select USA, Inc. for Waste Site Cleanup violations in Lee. Uni-Select is a leading North American distributor of automotive replacement parts with a regional facility located in Stratford, Connecticut. Uni-Select violated oil spill reporting regulations after a diesel fuel spill that occurred in Lee. On 10/22/14 at 1


Date: 1/23/15
municipality: ['Ashfield']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving the town of Ashfield's landfill and transfer station in Ashfield. The landfill and transfer station will address monitoring of universal waste and other environmental management issues. The agreement suspends the full $1,720 Penalty provided the town improves housekeeping at the site and commences environmental monitoring of the landfill.   


Date: 1/23/15
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty involving T.R. Stone Trucking for Waste Site Cleanup violations in Springfield.  T.R. Stone is a Palmer-based trucking firm with a facility in Springfield. T.R. Stone violated oil spill reporting regulations after a diesel fuel spill that occurred in Springfield on 9/27/14 at 11


Date: 1/23/15
municipality: ['Deerfield']
Text:
  MassDEP entered into a Consent Order with an $11,937.50 Penalty involving Pan Am Railways, Inc. for Waste Site Cleanup violations in Deerfield. Pan Am Railways, Inc. is a North Billerica-based railroad operator with a train yard in East Deerfield.  The company was responsible for a motor oil spill at the train yard on 7/23/14 at 10


Date: 1/23/15
municipality: ['Holbrook']
Text:
  MassDEP entered into a Consent Order with a $1,865 Penalty involving Braintree Laboratories Inc. for Hazardous Waste Management violations in Holbrook. Braintree Laboratories Inc., located at 270 Center Street in Holbrook where on 9/24/14, MassDEP conducted a multi-media inspection of Braintree Laboratories and cited a Class I hazardous waste generator acting out of status violation and a Class III violation for failure to properly maintain air emission records.


Date: 1/23/15
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $3,292 Penalty involving Leaktite Corporation for Hazardous Waste Management and Air Quality violations in Leominster. The company failed to obtain the required Air Quality plan approval and generated hazardous waste in excess of its registered status. Today's Order requires the company to comply with applicable regulations and pay the $3,292 Penalty. This action will help ensure the company complies with applicable regulations going forward.


Date: 1/23/15
municipality: ['Marlborough']
Text:
  MassDEP entered into a Consent Order with $2,262 Penalty involving J&J Machine Company, LLC for Hazardous Waste Management violations in Marlborough. The medical and aerospace parts manufacturer failed to register its hazardous waste generation activity, did not make a hazardous waste determination, stored hazardous waste longer than allowed without a license, and did not manage the wastes properly.  The Company has since corrected these violations. This action will help to ensure future compliance with the regulation and involved application of MassDEP's small business policy to reach an equitable enforcement order.


Date: 1/16/15
municipality: ['Manchester-by-the-Sea']
Text:
  MassDEP entered into a Consent Order with a $19,000 Penalty involving Hamid Shirkhan for Wetlands Protection Act violations at 15 Smith's Point Road in Manchester-by-the-Sea.  After being issued an enforcement order by the local conservation commission in 2010 for the construction of landscaping walls on a coastal bank, and subsequent lengthy permit denial, Shirkhan in 2013 was issued an after-the-fact superseding order of conditions by MassDEP that would have allowed a portion of the project to remain but require him to remove the wall.  In August 2014, MassDEP found that Shirkhan had failed to remove a wall, and, constructed an additional stone wall and extended a planting bed on the coastal bank in violation. Today's Order requires Shirkhan to remove the new wall (and a planting bed) and, further for him to stabilize and restore that area of coastal bank with long-term monitoring.  Additionally, Shirkhan is required to remove the wall as required or in the alternative, to file a notice of intent and receiving an order of conditions allowing the wall to remain after demonstrating no feasible alternative and providing mitigation for the alteration of coastal bank.  Today's Order also requires payment of $7,500 with the remaining $11,500 suspended if in compliance by 10/31/17.


Date: 1/16/15
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Advance Stores Company, Incorporated, for Hazardous Waste Management violations in Chicopee. Advance Stores Company owns and operates multi-state auto parts supply stores.  MassDEP's inspection of the company's Chicopee location identified that the facility did not label universal waste (fluorescent bulbs) and had disposed fluorescent bulbs in the dumpster.  In addition, the store had the following violations


Date: 1/16/15
municipality: ['Pittsfield']
Text:
  MassDEP issued a Demand for a Previously-Suspended $1,450 Penalty to Dolomite Products, Inc. for failure to comply with terms of an existing Consent Order. Dolomite, d/b/a Clemente Fane Concrete in Pittsfield, failed to comply with the terms and conditions of an Order entered into with MassDEP on 1/31/13.  The Order required the company to cease all discharge of industrial wastewater to the surface waters of the Commonwealth at its Pittsfield facility and to implement an industrial-wastewater management plan by no later than one (1) year from the effective date of the Order.  During an inspection of the facility on 11/20/14, MassDEP observed continued industrial wastewater discharges to the surface waters of the Commonwealth.  Specifically, MassDEP observed industrial wastewater generated at the mixer-truck loading area draining to the surface of the ground, flowing through a series of culverts and entering the facility storm-water-collection system that discharges to Barton Brook.


Date: 1/16/15
municipality: ['Manchester-by-the-Sea']
Text:
  MassDEP entered into a Consent Order with a $19,000 Penalty involving Hamid Shirkhan for Wetlands violations at 15 Smith's Point Road in Manchester-by-the-Sea.  After issuance of an enforcement order from the Manchester conservation commission in 2010 for the construction of landscaping walls on a coastal bank without authorization, and subsequent lengthy permit denial and appeal/settlement history, in June 2013, Shirkhan was issued an after-the-fact superseding order of conditions by MassDEP that would have allowed a portion of the project to remain. Shirkhan, however, had to remove one wall.  Subsequently, in August 2014, MassDEP found that Shirkhan had failed to remove that wall, and, instead had constructed an additional stone wall and extended a planting bed on the coastal bank. This represented a violation. Today's Order now requires Shirkhan to remove the new wall and planting bed, and, to stabilize and restore that area of coastal bank with long-term monitoring. Additionally required is the removal of the wall as required, or in the alternative, filing a notice of intent, and seek to have it receive an order of conditions allowing the wall to remain after demonstrating no feasible alternative and providing mitigation for the alteration of coastal bank. Today's Order also contains an administrative penalty of $7,500 paid with the remaining $11,500 suspended if Shirkhan and this site can demonstrate compliance by 10/31/17.


Date: 1/13/15
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Berklee College of Music, Inc. involving Waste Site Cleanup violations at 168 Massachusetts Avenue in Boston.  Berklee College of Music, Inc. is the owner and/or operator of the property where specific violations included


Date: 1/12/15
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with the town of Wilbraham Water Department to address environmental compliance issues. The Water Department in Wilbraham under today's Amendment will address emergency response procedures and install generators or connections for generators at two of its pump stations.   


Date: 1/7/15
municipality: ['Wareham']
Text:
  MassDEP entered into a Consent Order with a $9,512 Penalty involving Zecco Marine for Wetlands violations at 2 Warr Avenue in Wareham. Zecco Marine, LLC was in violation for the expansion of an existing marina authorized under License No. #8288 in 2001 and several previous authorizations.  The violation involves approximately 23 finger piers and floats and float expansions to the existing marina without authorization under Chapter 91 of the Massachusetts General Laws.   The total amount of the penalty is $9,512 with $2,378.00 to be paid within 30 days. The Order also contains a Supplement Environmental Project valued at $10,530 to provide a boat slip for the next three (3) years to the Wareham Harbormaster at no cost to the town of Wareham.  The proponent has a pending Waterways application, which is currently under review for licensing.  


Date: 1/7/15
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with Mountain View Campground, Inc. for Water Supply violations in Otis. MassDEP concluded the order with Mountain View Campground, Inc. to address repeated incidents in which the maximum contaminant level for total coliform bacteria was exceeded. Today's Order includes response actions should additional incidents occur.


Date: 1/6/15
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with Hendee, LLC, for Waste Site Cleanup violations in Springfield. Hendee, LLC will address violations related to a discovery of Non-Aqueous Phase Liquid (NAPL) that was first reported to MassDEP in 2008. In December, 2010 Hendee acquired the property and assumed responsibility for future cleanup actions.  On 4/5/11, the submittal of a new tier classification (site ranking) opinion re-established a new deadline of 4/5/13 for Hendee to submit the phase two, or comprehensive site assessment, and phase three, or remedial action plan. Today's Order now sets new submittal deadlines of 4/7/15 for the phase two, and 4/7/16 for the phase four, or remedy implementation plan. This is following the receipt of four notifications of a delay that had been submitted on behalf of Hendee in which the need for more off-site migration data was cited as necessary.


Date: 1/5/15
municipality: ['Salem']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Ziad Fouad Nabbot for Waste Site Cleanup violations at 86 Jackson Street in Salem. Nabbot failed to comply with the terms of an 8/22/14 Order.  Today's Amendment re-sets deadlines for the submittal of a revised, a permanent or a temporary solution statement. Also, either a status report on measures taking to address (abate) this release, or a report on a completion of those steps to address (abate) this release. In light of the failure, Nabbout will pay $2,500 of the $5,490 suspended Penalty from the Consent Order.  


Date: 12/30/16
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with King's Family Campground for Title 5 (septic system) violations in Sutton. King's Family Campground is the new owner of this 111 seasonal campsite facility where upgrades were required to the Title 5 system. Today's action will replace an Order that had been executed in 2010, and was amended in 2012. The prior/former owner failed to comply with the terms of those earlier Orders. The new owner has agreed to fulfill all the requirements, but under a revised/updated schedule. Upgrades include construction of a new sewer collection system, abandoning old subsurface disposal systems, and restricting the number of campsites to limit the wastewater flows to the Title 5 system.


Date: 12/30/16
municipality: ['Norfolk']
Text:
  MassDEP executed a Consent Order with a $9,475 Penalty involving the Massachusetts Department of Correction for Surface Water Discharge violations at its Norfolk facility.  The facility has a surface water discharge permit for its wastewater treatment facility. Effluent limits in 2014 for several months in 2014 for phosphorous were noted in addition to operation and maintenance violations. The facility utilizes membrane filter units as part of its treatment processes which were found in disrepair because the influent often has sharp objects that damage the membrane filters. The facility failed to maintain a reserve supply of the filtration units. The Order requires the facility to improve screenings management to protect membrane filter units (already on order), replace membrane filter units, and conserve water at facility to reduce flows until additional capital improvements can be implemented. Pending compliance with today's Order, the Penalty will be suspended. The Order will result in an improvement in the water quality of the Stop River and the Charles River by reducing phosphorus loading.


Date: 12/30/16
municipality: ['Boxford', 'Topsfield']
Text:
  MassDEP amended a Unilateral Order to Andrews Farm Water Company in Boxford. The Order was originally issued to the Andrews Farm Water Company in Boxford on 6/30/16. A hydro-pneumatic water storage tank at Andrews Farm's well pump station burst catastrophically, causing structural damage to the pump station and leaving the well unusable. At the water system's petition, MassDEP issued a Declaration of a State of Water Supply Emergency in the form of Unilateral Order. The Emergency Declaration allowed Andrews Farm to purchase water from the Topsfield municipal system via an emergency interconnection. An Emergency Declaration may only last for six months, but may be extended by MassDEP at the water system's request. The Amendment extends the Emergency Declaration for six more months, and requires Andrews Farm to submit by 3/30/17 a written plan and schedule to provide a permanent drinking water source.


Date: 12/28/16
municipality: ['Harvard']
Text:
  MassDEP entered into a Consent Order with Trevor Smedley and Jane Parker for Waste Site Cleanup violations on Depot Road in Harvard. Smedley and Parker are the current owners of the site. MassDEP has been working with these owners to address technical problems with documents submitted to date to address an historic release of chlorinated compounds affecting potable private water supplies in the area. The owners have agreed to make necessary revisions to existing documents, continue assessment and provide for the mitigation of potential exposures in addition to ensuring the eventual cleanup of the release.


Date: 12/27/16
municipality: ['Concord']
Text:
  MassDEP entered into a Consent Order with a $16,500 Penalty involving Camp Thoreau, Inc. for Groundwater Discharge violations in Concord.  This facility, which is located in a Zone II recharge area, exceeded the effluent permit limit for total nitrogen continuously for two years and nitrate for 17 months in the past two years. The facility also bypassed the denitrification process of the treatment works without prior approval from or notification to MassDEP. MassDEP has required Camp Thoreau to implement a return to compliance plan, to test the effluent on a daily basis for nitrate and total nitrogen, and to submit compliance report to MassDEP by 5/1/17 for the preceding six months. As part of the settlement agreement, Camp Thoreau will pay a penalty of $12,500, with the remaining $4,750 suspended pending completion of the remedial work.


Date: 12/27/16
municipality: ['Adams']
Text:
  MassDEP entered into a Consent Order with an $11,900 Penalty involving Specialty Minerals Inc. for Air Quality violations in Adams. As a result of reviewing a report submitted by Specialty Minerals, MassDEP found that Specialty had failed to meet the quarterly-data capture requirements for the oxygen continuous emissions monitor for the lime kiln. Specialty was ordered to train facility personnel on monitor maintenance and maintain a better spare-parts inventory for the monitor. As part of the settlement agreement, Specialty Minerals Inc. will pay the $11,900 Penalty.


Date: 12/20/16
municipality: ['Clarksburg']
Text:
  MassDEP entered into an Amendment with an existing Consent Order with the town of Clarksburg. Today's Amendment documents the town's operation of its Senior Center below the public water supply threshold. The original Consent Order provided for the registration of the facility as a Public Water System (PWS) with improvements to the system depending upon the operation. The town, however, has documented operations for several years, which establishes that operations are below the PWS thresholds. The town will continue to monitor operations and register as a PWS if it appears to be reaching the required threshold.


Date: 12/20/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Christakis Realty Trust for Waste Site Cleanup violations at 1328 Blue Hill Avenue in Mattapan (Boston). There is a dry cleaner within the commercial property and it has been a dry cleaner for more than 20 years.  Specifically, the Waste Site Cleanup violations were for failure to meet deadlines set out in an Administrative Consent Order dated 5/12/15.  Under today's Order, $26,000 of the Penalty will be suspended and $4,000 is to be paid. There is also a stipulated penalty provision for any missed deadlines.


Date: 12/19/16
municipality: []
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Bristol Environmental, Inc. for Asbestos violations in Easthampton. Bristol violated the Asbestos regulations by causing a condition that posed a potential threat to human health, safety and welfare or to the environment during an asbestos-abatement job at the Manhan Rail Trail Park Street underpass in Easthampton. On 9/19/15, vandals destructively removed damaged sections of asbestos-containing utility conduit from a utility right-of-way owned and operated by Verizon New England, Inc. and smashed the sections onto the Manhan Rail Trail below. Following a two-day delay after being notified of the conditions, Verizon initiated clean-up and decontamination of the site.  Bristol Environmental, Inc., however, failed to meet asbestos-abatement performance standards on three separate days (9/23/15 - 9/25/15), which caused additional delays to the clean-up. Bristol Environmental, Inc. will pay the entire $8,000 Penalty.  


Date: 12/16/16
municipality: ['Wilbraham']
Text:
  MassDEP issued a Unilateral Order to Wilbraham Land and Development, LLC, for Asbestos and Hazardous Waste violations in Wilbraham. The LLC is the owner of a mill complex at 176 Cottage Street in Wilbraham. The Order was issued in response to environmental conditions observed during inspections that were performed on 10/27/16 and 11/4/16. MassDEP was responding to an anonymous complaint received by MassDEP regarding the presence of friable asbestos containing materials at the property in poor condition. The inspections confirmed violations of asbestos handling including improperly covered thermal-system insulation (TSI). Also, pieces of TSI were found on the boiler room floor, and dry, asbestos-containing material was found uncovered. A number of transite pipes were also stored in the mill yard. In addition, abandoned containers of unknown liquids, potentially hazardous waste or waste oil, were observed within the buildings at the site. Piles of solid waste debris including numerous scrap automobiles, tires, piles of construction and demolition debris and metal drums were noted at the property. A number of fluorescent bulbs and ballasts had been disposed of with conventional solid waste. Finally, a leaking oil supply line (since repaired by owner) was identified in the boiler room, with significant amounts of absorbent materials had been deployed on the basement floor to collect and contain this oil. Today's Order sets a schedule for Wilbraham Land and Development to correct the violations noted, develop a universal waste management plan, and investigate a potential abandoned oil storage tank located below the boiler room floor.


Date: 12/14/16
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with the town of Dartmouth for Water Supply violations, specifically, the locational running annual average for total trihalomethanes (TTHM's). TTHM's are disinfection byproducts resulting from reactions between chlorine and dissolved organic material. Today's Order establishes a schedule requiring a short-term response, engineering analysis, and long-term corrective actions.


Date: 12/12/16
municipality: ['Hampden']
Text:
  MassDEP issued a $1,000 Penalty Assessment Notice to McNamara Waste Services in Hampden for willfully comingling pre-sorted recyclables with trash during residential curbside collection in the town of Hampden.


Date: 12/9/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with the City of Boston as the owner of the property at 0 Condor Street, East Boston. Today's Order follows a prior Notice of Noncompliance, and under this Order requires the submittal of a Phase Four or remedial selection plan by 4/1/18 and a final closure statement by 4/1/19. The site has been in the system since 2011. The city plans to build a public building on this site.


Date: 12/9/16
municipality: ['Fall River']
Text:
  MassDEP issued a Final Approval to the Fall River Water Department Fall River to activate a disinfection system using liquid sodium hypochlorite replacing a chlorine gas disinfection system. The project was required after the city of Fall River entered into a Consent Agreement and Final Order with the US EPA. That Order was effective 9/30/14. The disinfection conversion project was completed as a Supplemental Environmental Project as part of the Order. The city had stored up to 14,000 pounds of chlorine gas at the water treatment plant, which is located within the "worst-case release" range of public receptors. Elimination of the chlorine gas has now removed this as a possible threat of a hazardous release.


Date: 12/8/16
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving Appleton Corporation for Water Pollution Control violations in Easthampton. Appleton Corporation is a property management company based in Holyoke. The company was found to be discharging floor-cleaning waste to a storm drain in Easthampton. On 9/15/16 at 4


Date: 12/8/16
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $9,570 Penalty involving Accolade Environmental Contracting Corp., for Asbestos violations in Hardwick.  MassDEP found that Accolade violated the Asbestos violations by utilizing prohibited work practices a5 356 Main Street in Hardwick. MassDEP has agreed to suspend $4,785 with $4,758 being paid. The violations occurred during the removal of asbestos-containing cementitious shingles at 356 Main Street.  On 12/14/2015, MassDEP conducted an unannounced asbestos field inspection. MassDEP inspectors observed Accolade employees destructively removing asbestos-containing cementitious siding in a dry state by means of hand tools (pitch fork and sledge hammer).


Date: 12/6/16
municipality: ['East Longmeadow']
Text:
  MassDEP entered into a Consent Order with Suddekor, LLC, for Air Quality violations in East Longmeadow. As a result of emissions testing that was required by MassDEP, Suddekor, LLC failed to meet the emission limits for formaldehyde contained in its air quality permit. Suddekor, LLC was order to apply for a new permit for the equipment at the facility and evaluate various control technologies. In addition to the Penalty, a control technology that enables the facility to reduce emissions and to return Suddekor to compliance is required to be installed at the facility.


Date: 12/5/16
municipality: ['Pepperell']
Text:
  MassDEP entered into a Consent Order with Clark's Retirement Homes Park, Inc. for Title 5, septic system, violations in Pepperell. Today's Order, the facility is allowed additional time to connect the individual mobile home units to the municipal sewer system, and in turn, abandon all existing on-site sewage disposal systems at the facility.  The facility is in violation of Title 5 requirements and entered into a Consent Order in 2007 to come back into compliance.


Date: 12/1/16
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $6,300 Penalty involving K&P Service, Inc., for Air Quality violations at 324 Waverly Street in Framingham.  The violations pertain to the Underground Storage Tank (UST) and Stage II vapor-recovery violations. K&P Service, Inc. was inspected and determined to be in violation of MassDEP's UST and Stage II vapor-recovery regulations.  The ACOP requires K&P Service, Inc. to correct all violations and remain in compliance with the applicable requirements. Under today's Order, $3,500 will be paid (reduced under MassDEP's small business policy).  The remaining $2,800 is suspended, provided the company complies with the Order and remains in compliance for one year. Today's Order also requires K&P Service, Inc. to pay $890 in past annual compliance fees that are owed to the Commonwealth of Massachusetts.


Date: 12/1/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $91,831.70 Penalty involving Southbridge Recycling & Disposal Park for Solid Waste, Wetlands and Air Quality violations at the Southbridge Landfill in Southbridge. MassDEP observed multiple violations at the Landfill during inspections on 8/13/14, 5/19/15, and 5/16/16. Up to $67,500 of the Penalty will be used to complete a Supplemental Environmental Project in which the company will help defray the cost to the town of a project that stabilizes bank erosion and washout areas impacting the public rail trail along the Quinebaug River.


Date: 11/30/16
municipality: ['Bourne']
Text:
  MassDEP in follow-up to an existing Enforcement Case attended a clear-water test at the Wastewater Treatment Facility (WWTF) involving Pocasset Mobile Home Park, Barlow's Landing Road in Bourne. At the conclusion of this test, MassDEP permitted the park to tie into the WWTF.  This connection will successfully complete a 16-year enforcement case. On 8/14/12, Superior Court issued a final judgment that penalized the owner, Charles Austin $250,000 for violation of the Massachusetts Clean Waters Act and required him to transfer $2.7 million to the court appointed receiver to construct a wastewater treatment plant at the park.  Austin had received a permit to construct a treatment plant in 2007 but refused to fund the construction. The park had had failing septic systems and short term remedial actions had been ordered by the court. Massachusetts Attorney General's Environmental Protection Division has been handling this case, with assistance from MassDEP's Office of General Counsel and MassDEP engineers. The Bourne Board of Health has also provided valuable assistance in investigating the case.


Date: 11/22/16
municipality: ['Northbridge']
Text:
  MassDEP issued a Demand for $68,613 Penalty to D & G Recycling in Northbridge. The Demand was for stipulated penalties of $68.613 for violations of a 2012 Settlement Agreement. In that Settlement Agreement, D & G Recycling Inc. had previously agreed to comply with applicable Solid Waste, Hazardous Waste, Waste Site Cleanup and Wetlands regulations at their place of business located at 2040 Providence Road in Northbridge and to perform a Supplemental Environmental Project. Under the Agreement, the SEP had a value of $68,613 and called for the company to have placed a portion of the property under a 'conservation restriction' to provide a canoe launch, at least one trail to the canoe launch and an additional trail in for passive recreation, and a minimum of five parking spots at the property.


Date: 11/16/16
municipality: ['Hinsdale']
Text:
  MassDEP entered into a Consent Order with the Department of Conservation and Recreation (DCR) in connection with the mitigation for resource area impacts that resulted from a DCR dam spillway repair project in Hinsdale.  Today's Consent Agreement included some on-site mitigation and reflects a process spanning several years to locate an appropriate parcel and clear title to the identified property to allow for construction of a mitigation area.  The Agreement provides for the acquisition of a parcel adjacent to an Outstanding Resource Water that had been an historic dumping ground and the removal of solid waste and conversion of more than 40,000 square feet of wetland.  


Date: 11/16/16
municipality: []
Text:
  MassDEP issued a $26,600 Penalty Assessment Notice to Lakay Truck Lines LLC in Greenfield. Lakay is a trucking company based in Harrisburg, Pennsylvania.  On 12/29/15, MassDEP responded to a tractor-trailer accident on Interstate 91 in Greenfield involving a truck owned and operated by Lakay.  Approximately 50 gallons of diesel fuel had been released to the roadway and breakdown lane. MassDEP retained a state-funded contractor to complete necessary cleanup on that date, and issued a Notice of Responsibility and Notice of Response Action to Lakay.  Lakay subsequently failed to submit the Release Notification Form and Immediate Response Action Plan (IRAP) or Permanent Solution Statement (PSS) as required, failed to respond to a Notice of Noncompliance issued, and failed to participate in an enforcement conference scheduled to discuss the violation. The Penalty was issued after Lakay failed to respond to a Unilateral Order issued on 9/28/2016 requiring the submittals of the Release Notification Form within 14 days, and IRAP or PSS within 30 days of the date of the Order.  


Date: 11/16/16
municipality: ['Clarksburg']
Text:
  MassDEP issued a $26,600 Penalty Assessment Notice to E.P. Expedited Transport, LLC in Clarksburg. E.P. Expedited Transport, LLC is a trucking company based in Laredo, Texas. On 1/13/16, MassDEP responded to a release of petroleum at the hairpin curve on the Mohawk Trail (Route 2) in Clarksburg.  The tractor trailer unit went up onto the guardrail on the hairpin curve and one of the saddle tanks was punctured, releasing 25 gallons of diesel fuel to the snow, ice, rip rap, and soil. After initial discussions with the trucking company, MassDEP retained a state-funded contractor on 1/15/16 to clean up the accessible contaminated snow and ice related to the release. E.P. Expedited subsequently paid for the initial response action costs.  However, additional response actions are necessary to address the release, including assessment and/or removal of contaminated soil from the hillside. E.P. Expedited failed to submit the Release Notification Form and Immediate Response Action Plan (IRAP) or Permanent Solution Statement (PSS) as required, and failed to respond to a Notice of Noncompliance issued. Although E.P. Expedited participated in an enforcement teleconference held to discuss the violation, E.P. Expedited has not followed up with the submittals and other documentation required by MassDEP. Today's Penalty was issued after EP Expedited failed to respond to a Unilateral Order issued on 10/17/2016, requiring the submittal of the Release Notification Form within 14 days, and IRAP or PSS within 30 days of the date of the Order.  


Date: 11/15/16
municipality: []
Text:
  MassDEP issued 108 Notices of Noncompliance to Underground Storage Tank (UST) facility owner/operators during the month of November. These entities failed to have their UST third-party inspection submitted showing return to compliance by their respective due dates. MassDEP has given these offenders 30 days to return to compliance. Those that fail to do so will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 11/14/16
municipality: ['Cummington']
Text:
  MassDEP entered into a Consent Order with a $6,325 Penalty involving Tom Leue d/b/a Homestead Engineering for Water Pollution Control violations in Cummington. The violations are related to a Title 5 (septic system) inspection of a property located at 4 Thayer Corner Road in Cummington. The Order requires Leue to submit all Title 5 Inspections he conducts until three years have passed from the effective date of the Order. Leue will pay $1,000 of the Penalty with $5,325 suspended provided Leue complies with the requirements of the Order.


Date: 11/14/16
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with Copperwood I Condominium Association in Stoughton for Water Supply violations. Copperwood I exceeded the action levels for lead and copper in drinking water. The respondent will need to establish a timeline for connection to the Town of Stoughton public water supply.


Date: 11/10/16
municipality: ['Boxford']
Text:
  MassDEP required a Tier One Drinking Water Public Notice to Four Mile Village in Boxford. In accordance with the Ground Water Rule (310 CMR 22.26) this public water system is required to provide public notice to its customers after e coli. was detected in the raw (untreated) water from Four Mile Village's Well #2. The sample was collected on 11/8/16 but bacteria was not detected in the treated well water. Although the well is chlorinated, MassDEP has not certified the well as having sufficient chlorination and contact time to achieve 4-log (99.99%) treatment for viruses, so the Ground Water Rule is triggered. Four Mile Village is therefore required to issue Public Notice within 24 hours of receiving the sample result, and had to collect five additional samples of the raw well water. MassDEP did not require the public notice to be a Boil Water Order, because the well was shut down immediately following notification of the e coli. In addition, the chlorination dose was boosted as a precaution.  If e coli. is detected in any of the five additional samples, the town will have to either identify and correct any deficiencies that caused the bacterial contamination, or improve treatment so that it achieves MassDEP certification for 4-log virus inactivation.


Date: 11/4/16
municipality: ['Rutland']
Text:
  MassDEP entered into a Consent Order with a $21,410 Penalty involving Rutland AD 1, LLC for Air Quality violations in Rutland. The violations included exceeding permitted air emission limits and installing equipment prior to receiving an Air Quality Plan approval. MassDEP observed the plan approval violation during a site visit at the company's facility on 5/27/16.  The company has applied for a Plan Approval, and is working on preventing future failures causing excess air emissions.  


Date: 11/4/16
municipality: ['Boylston']
Text:
  MassDEP entered into a Consent Order with a $992 Penalty involving Frito-Lay, Inc. for Hazardous Waste Compliance violations in Boylston. As a result of a routine compliance inspection on 9/3/15, MassDEP found violations during the inspection of its snack distribution facility in Boylston.  MassDEP determined the company had accumulated waste oil in quantities greater than its Very Small Quantity Generator status allowed and had done so three times in the past three years.  It also had not properly labeled a waste oil accumulation tank.  By exceeding its waste oil status, the company was subject to emergency planning requirements, which it did not meet.  The company has agreed to pay a penalty of $992 for the violations. This action will help to ensure future compliance with the regulations.


Date: 11/3/16
municipality: ['Florida']
Text:
  MassDEP issued a Demand for $1,000 Payment to New England Wind, LLC (c/o Iberdrola Renewables, LLC) in Florida. This Demand for Payment of Stipulated Penalties to New England Wind, LLC is to address failure to comply with a 12/19/14 Consent Order with Penalty, which required a response to a complaint received through the established hotline for noise complaints. They were required to do so within two (2) hours of receipt.  A complaint was received on 9/6/16 which was not responded to within the specified time. The company was assessed the stipulated penalty which is $1,000.


Date: 11/2/16
municipality: ['Stoneham']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Main Street Automotive for Underground Storage Tank violations at its 492 Main Street location in Stoneham.  Main Street Automotive, which has had previous incidents of noncompliance, was inspected and determined to be in violation of MassDEP's UST regulations. Today's Order requires Main Street Automotive to correct all violations and remain in compliance with the applicable requirements. In addition, today's Order requires $2,000 of the Penalty to be paid. Under MassDEP's small business policy, the remaining $2,000 is suspended, provided the company complies with the Order and remains in compliance for one year.


Date: 11/1/16
municipality: ['Egremont']
Text:
  MassDEP issued a Unilateral Order to Danny Smith d/b/a John Andrews Restaurant for Water Supply violations in Egremont. The establishment is required to address e.coli bacteria detections in its well. The Order requires additional source sampling for e.coli bacteria, notification to boil the water or use alternate water for human consumption, emergency response and investigation.


Date: 10/31/16
municipality: ['Belchertown']
Text:
  MassDEP issued a Unilateral Declaration of Water Supply Emergency to the Division on Conservation and Recreation at the Quabbin Administrative Building in Belchertown. Today's Order was delivered to the DCR to address the administrative building's water system use during the time that planned work on the building's water storage tank takes place.


Date: 10/31/16
municipality: ['Saugus']
Text:
  MassDEP executed a Consent Order with a $28,250 Penalty involving American Residential Construction LLC for Wetlands and Water Quality violations at Berthold Street in Saugus. The violations resulted from non-compliance with multiple conditions of three separate Orders of Conditions issued by the Saugus Conservation Commission. The project involves the construction of a three lot residential subdivision. There is approx. 3,338 square feet of Bordering Vegetated Wetland (BVW) that would be filled or otherwise altered beyond that authorized. Additionally, the project never received water quality authorization as required. The document requires the recording of a MassDEP approved deed restriction, full restoration of the BVW - with long-term monitoring and compliance with all provisions of the local orders - including MassDEP approval of any necessary plan revisions. The Order requires payment of $9,000 of the Penalty, with $19,250 suspended upon issuance of a return to compliance letter.


Date: 10/27/16
municipality: ['Middleborough']
Text:
  MassDEP executed an Amendment to Consent Order with A-Plus Waste & Recycling Services, LLC, for Solid Waste violations in Middleborough. A-Plus is a compost operation located at 88 River Street in Middleborough. The organic material in 12 of 24 windrows has not completed composting and requires additional time to complete the decomposition process. This Amendment extends the deadlines for A-Plus to finish composting, screening and removing the organic material from 12 of 24 windrows on the 20-acre site.  The deadline for A-Plus to complete composting 12 of 24 windrows is revised from 9/1/16 (for five of the windrows) and 10/1/16 (for seven windrows) to 12/1/16.  The deadline for A-Plus to screen the compost for 12 of 24 windrows is revised 10/1/16 and 11/1/16 to 12/31/16. The deadline for A-Plus to remove the screened compost in 12 of the 24 windrows is revised from 10/31/16 and 12/1/16 t9o 1/31/17.


Date: 10/26/16
municipality: ['Lanesborough']
Text:
  MassDEP issued a Unilateral Declaration of Water Supply Emergency to Greylock Estates Homeowners Association in Lanesborough. The Order was issued to address the loss of water due to a well pump failure.  Today's Order allows for the use of alternative sources of water until the repairs are completed.


Date: 10/26/16
municipality: ['Belchertown']
Text:
  MassDEP issued a Unilateral Order to, Pine Valley Plantation Cooperative Corporation in Belchertown. MassDEP issued today's Order to address total coliform bacteria detections at various locations and e.coli bacteria detections in well #2 at this small community public water system.


Date: 10/24/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Verizon New England Inc. for Asbestos violations in Easthampton. Verizon violated the regulations by causing a condition which posed a potential threat to human health, safety and welfare or to the environment during asbestos abatement activities at the Manhan Rail Trail Park Street underpass in Easthampton. On 9/19/15, vandals destructively removed damaged sections of asbestos-containing utility conduit from a utility right-of-way owned and operated by Verizon and smashed the sections onto the Manhan Rail Trail below. Following a two-day delay after being notified of the conditions, Verizon initiated clean-up of the site. Verizon also failed to meet asbestos abatement performance standards on three separate days over the course of the following week, which delayed the cleanup. Verizon agreed to pay the $9,000 Penalty as part of the settlement agreement.


Date: 10/24/16
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with a $14,089 Penalty involving the town of Montague Water Pollution Control Facility in Montague. The violations involved the discharge of sewage from its Water Pollution Control Facility and a failure to respond to notifications from its alarm-monitoring company to a dry weather overflow as a combined sewage outfall structure which resulted in a discharge of sewage to the Connecticut River. The Order requires revisions to the facility's operation and maintenance plan, including its alarm-notification process.  In addition, $5,000 of the total Penalty will be paid and the balance will be suspended provided the town complies with all the requirements of today's Order.


Date: 10/18/16
municipality: ['Clarksburg']
Text:
  MassDEP issued a Unilateral Order to E.P. Expedited Transport, LLC, for Waste Site Cleanup violations in Clarksburg. E.P. Expedited Transport, LLC, is a trucking company based in Laredo, Texas. On 1/13/16 at 2


Date: 10/18/16
municipality: ['Sudbury']
Text:
  MassDEP entered into a Consent Order with Jayabal Shanmugam for Wetlands Protection Act violations in Sudbury. The violations occurred on Bigelow Drive (Lot 56) in Sudbury.  MassDEP issued a Superseding Order of Conditions for the construction of a single-family residence on the property in 2009 which expired in February of 2016.  In March the Sudbury Conservation Agent notified MassDEP that work was continuing on the property despite the expiration of the SOC and issued a cease and desist Enforcement Order to stop work. MassDEP determined that there was minimal work within WPA jurisdiction, primarily landscaping, needed to complete the project and the site was otherwise in compliance with the provisions of the SOC. Today's Order requires completion of the project by a date certain in accordance with the provisions of the SOC, including the need to request and obtain a Certificate of Compliance at the end.  


Date: 10/18/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Patricia Luttrell as Trustee of Union Street Realty Trust for Waste Site Cleanup violations at Storyville Preschool, 97 Union Street in Watertown. Luttrell, as Trustee of Union Street Realty Trust, which is the owner of the property, was in violation for failure to submit revised phase two and three assessment reports detailing the selection of remedial alternatives that meet established performance standards.  In addition, a phase four report on the implantation of the cleanup plan so that a temporary or permanent solution was established. Today's Order requires submittal of indoor air sampling results by 3/1/17, revised phase two and reports by 9/30/17 and a phase four report by 3/30/18 with a permanent or temporary solution statement by 9/30/18. The Trust will pay $4,000 of the Penalty and the remaining $4,000 will be suspended pending compliance.  In addition, there is a stipulated penalty provision for any missed deadlines.


Date: 10/17/16
municipality: ['Wrentham']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Aggregate Industries Northeast Region, Wrentham and the Department. The amendment requires the facility to make upgrades and modifications to the existing plant to improve control of fugitive dust and to eliminate nuisance dust conditions.


Date: 10/17/16
municipality: ['Norton']
Text:
  MassDEP entered into a Consent Order with Reliable Electro Plating, Inc. for Waste Site Cleanup violations in Norton. Reliable Electro Plating, Inc. is a site from which there has been a release of hazardous materials associated with historical industrial processes and formerly operated waste lagoons.  In November 2015, MassDEP issued a notice of noncompliance for having failed to complete Waste Site Cleanup response actions in a timely manner.  Reliable Electro Plating, Inc. requested additional time in which to comply. Today's Order now establishes negotiated timelines for completion of work at the site and contains stipulated penalties should Reliable Electro Plating, Inc. fail to comply.


Date: 10/17/16
municipality: ['Hardwick']
Text:
  MassDEP issued an $11,500 Penalty Assessment Notice to Frederick V. Fijal for Solid Waste violations in Hardwick. Fijal failed to comply with an order to remove solid waste from his property. Fijal is a solid waste hauler, and operating in that capacity brought significant amounts of waste back to his property creating an open dump.


Date: 10/17/16
municipality: ['Holden']
Text:
  MassDEP executed a Consent Order with Durant Realty Trust, Stead Realty Trust and Leahy Excavating Company, Inc. for violations of the Waste Site Cleanup regulations at the Trust's properties on Elmwood Avenue in Holden. A release of chlorinated solvents was discovered at the Durant property in 1996. MassDEP had previously issued notices of noncompliance in both February 2001 and later in June 2003 for failure to complete required response actions in a timely manner. This was thereafter referred to the Massachusetts Attorney General's Office. In 2009 the potentially responsible parties (PRP) entered into a Settlement Agreement with the Commonwealth and consented to the entry of a Final Judgment.  The PRPs paid a penalty of $60,000 but failed to meet the deadlines established in the Settlement Agreement. Under today's Order, MassDEP has established new deadlines for the submittal of a revised phase two remedial site scope of work, and status report, and a permanent or temporary solution statement while reserving rights under the final judgment.


Date: 10/12/16
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Astro Chemicals, Inc., for Waste Site Cleanup violations in Springfield. Astro Chemicals Inc. is a chemical supplier based in Springfield, for failing to immediately notify MassDEP of a threat of release of di-vinyl-benzene (or DVB) from drums at its facility at 64 Shaws Lane in Springfield. On 7/19/16 at 6


Date: 10/12/16
municipality: ['Deerfield']
Text:
  MassDEP issued a $5,750 Penalty Assessment Notice to Deerfield AD 1, LLC, for installing control equipment at its anaerobic digester without prior approval in Deerfield. Installation of such equipment is required under existing Air Quality regulations (310 CMR 7.00).


Date: 10/11/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty involving Triple T Trucking Corporation, for Waste Site Cleanup violations in Turners Falls. Triple T is a solid waste transportation company based in Brattleboro, Vermont. On 5/20/16, at 3


Date: 10/11/16
municipality: ['Adams']
Text:
  MassDEP entered into a Consent Order with a $10,750 Penalty involving Specialty Minerals, Inc. for Groundwater Discharge violations in Adams. Specific violations include the discharge of high pH groundwater from an old mine at the site.  Today's Order requires that SMI evaluate and remediate any impacts from the discharge and establishes a process of the collection and treatment of the discharge at the facility's plant. This violation had been the subject of a prior Unilateral Order which required collection and disposal of the seepage pending a longer-term approach. In addition, $5,750 of the Penalty is to be paid immediately and the balance suspended provided that Specialty Minerals complies with the requirements of the Order.


Date: 10/6/16
municipality: ['Billerica']
Text:
  MassDEP in a joint-motion along with the assistance of the Massachusetts Attorney General's Office filed a motion in Suffolk Superior Court involving Mystic Motor Transportation Co., Inc. (Mystic Motor) to approve a consent judgment. Mystic Motor is a general contracting and excavating business based in Billerica. The judgment would call for Mystic to pay $152,400 to settle claims by the AGO and MassDEP, that Mystic Motor illegally dumped multiple loads of construction and demolition waste at an unpermitted site in Methuen (the Battye Site). The total payment of $152,400 includes a $147,400 payment in installments into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site, $48,000 of which could be waived if Mystic Motor complies fully with the Consent Judgment during a three year period; and a $5,000 civil penalty, $2,000 of which could be waived if Mystic Motor fully complies with the Consent Judgment during a three year period. The settlement also prohibits Mystic Motors from unlawfully handling, storing or disposing of construction and demolition waste or other solid waste. This Consent Judgment arises from an enforcement case developed by MassDEP's Solid Waste, Asbestos, Wetlands and attorneys.


Date: 10/7/16
municipality: []
Text:
  MassDEP entered into a Consent Order with Handy & Harmon Electronic Materials for Waste Site Cleanup violations in North Attleboro. In June 2013, MassDEP issued a Notice of Audit Findings/Notice of Noncompliance (NOAF/NON) to the Respondent which identified response actions that had not been performed as required. The NOAF/NON identified actions required to return to compliance and established deadlines for completion of the actions. Respondent could not meet deadlines established in NOAF/NON. In response to a request by the Respondents consultant, today's Order was negotiated, and establishes revised negotiated deadlines for the completion of response actions at the site.   


Date: 10/7/16
municipality: ['Westport']
Text:
  MassDEP issued a Unilateral Order to Westport High School and Westport Elementary School in Westport for failure to collect the required lead and copper samples after submitting a Monitoring and Reporting Violation Response Schedule for its previous failure to properly monitor. Schools will be required to collect lead and copper samples and notify consumers of failure to collect samples.


Date: 10/5/16
municipality: ['Mashpee']
Text:
  MassDEP issued a Unilateral Order to MEZ Realty, Inc. - Lakeside Estates - a mobile-home community park in Mashpee for Water Pollution Control violations. The Order requires the temporary repair of a failed leaching field of a sewage disposal system serving four homes.


Date: 10/5/16
municipality: ['Southborough', 'Westborough']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty involving Madison Place Southborough, LLC, for Water Pollution Control violations in Southborough. Robert Moss representing Madison Place Southborough, LLC of Westborough is the owner of the Madison Place residential apartment complex located in Southborough. That complex has a permitted Groundwater Discharge wastewater treatment facility. The owner/permittee of the facility modified the treatment works with the installation of a pre-treatment tank without authorization or approval from MassDEP. This represents a violation of the Groundwater Discharge regulations. The Consent Order requires the permittee/owner to submit a complete permit application for the work with engineering plans, pay two times the permit filing fees, make any necessary modifications, and provide to MassDEP the as-built plans with an updated Operations and Maintenance manual for the facility.


Date: 10/3/16
municipality: []
Text:
  MassDEP issued 160 Notices of Noncompliance regarding  Underground Storage Tank (UST) Enforcement. These UST facility owner/operators failed to have UST third-party inspections completed by their respective due dates through 7/31/16. The agency will give the offenders 30 days to return to compliance. Those facility owner/operators who fail to do so will be subject to additional enforcement measures, including financial penalties. The UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. More information


Date: 9/30/16
municipality: ['Burlington', 'Lexington']
Text:
  MassDEP issued a Declaration of State of Water Supply Emergency to the town of Burlington. Due to excessive dry weather, the water level in Burlington's surface water reservoir is low. Three of the town's seven municipal wells are not presently in use due to 1,4-dioxane contamination. To prevent an impending water shortage, Burlington has enacted a full outdoor water ban and requested this Emergency Declaration from MassDEP. Today's Declaration allows Burlington to purchase water from the town of Lexington via an existing emergency interconnection. The current town-wide ban on non-essential outside water use must remain in place for the duration of the Emergency Declaration.


Date: 9/29/16
municipality: []
Text:
  MassDEP issued a Unilateral Order to Lakay Truck Lines LLC, for Waste Site Cleanup violations in Greenfield. Lakay is a trucking company based in Harrisburg, Pennsylvania. On 12/29/15, MassDEP responded to a tractor-trailer accident on Interstate 91 in Greenfield involving a truck that was owned-and-operated by Lakay.  Approximately 50 gallons of diesel fuel were released to the roadway and breakdown lane. MassDEP retained a state-funded contractor to complete necessary cleanup on that date, and issued a Notice of Responsibility and Notice of Response Action to Lakay. Lakay failed to submit the Release Notification Form and Immediate Response Action Plan (IRAP) or Permanent Solution Statement (PSS) as required. In addition, Lakay failed to respond to a Notice of Noncompliance issued, and failed to participate in an enforcement conference scheduled to discuss the violation. Today's Order requires that Lakay submit the Release Notification Form within 14 days, and IRAP or PSS within 30 days of the date of the Order.


Date: 9/29/16
municipality: ['Fitchburg', 'Leominster']
Text:
  MassDEP entered into a Consent Order with Richard Benham for Air Quality (Asbestos) violations in Leominster. Benham, a resident of Fitchburg, violated the regulation at an unoccupied residential property being renovated in Leominster. The violations were discovered during an October 2015 inspection by MassDEP which was following up on a complaint of an improper asbestos removal. MassDEP inspectors found numerous pieces of dry, asbestos containing sheet flooring and floor tiles lying uncontained in the yard at the property. MassDEP required all affected areas of the property to be cleaned up and decontaminated by a licensed asbestos contractor.


Date: 9/29/16
municipality: ['Barre']
Text:
  MassDEP entered into a Consent Order with a $60,000 Penalty involving Resource Control, Inc., (RCI) for Solid Waste violations at the (Martone) Landfill, Barre. The company will pay $15,000 and the remaining $45,000 will be payable if a Supplemental Environmental Project (SEP) is not completed. RCI will correct the violations that occurred at an active landfill located at 99 Barre Depot Road in Barre. Inspections in April and October 2015 documented several violations of solid waste regulations related to maintenance of erosion controls, storm water drainage control, management of leachate, and management of surface water. RCI agrees to conduct all necessary repairs and to perform a SEP. The SEP will transfer 3.57 acres to the town of Barre, which can be used for an expansion of the community's composting and recycling operations.


Date: 9/27/16
municipality: []
Text:
  MassDEP issued a Unilateral Boil Water Order to the town of Hamilton Water Department for Water Supply violations. On 9/24/16, the Hamilton Public Water Supply had a major main break, which led to the loss of pressure in the distribution system.  On 9/25/16, the Town Water Department installed an insertion valve, isolating the main break, and began pressurizing the system. They also notified consumers to boil the water before use and are conducting follow-up monitoring for coliform bacteria in accordance with today's Order.


Date: 9/26/16
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Jain (Americas), Inc., located in Chicopee. Jain (Americas) Inc., is the parent company of NuCedar Mills in Chicopee. NuCedar is a manufacturer of products used on the exterior of buildings. As a result of record review, MassDEP determined that NuCedar failed to comply with the terms and conditions of its Air Quality permit which requires the company to monitor the amounts of coatings used on their products. According to MassDEP's records, the company failed to submit the required air emission reports to MassDEP over the course of three consecutive years.  As part of the settlement agreement, the company has agreed it will fully comply with future compliance requirements and payment of the entire $8,000 Penalty.


Date: 9/22/16
municipality: ['Whately']
Text:
  MassDEP issued a Unilateral Water Supply Emergency to Whately Water District in Whately regarding its inability to maintain an adequate supply to its customers from its approved active wells. MassDEP, through this order allows the District to use its Well Number Three, an unapproved source, for bulk or bottled water to meet system demand, with conditions regarding its emergency plan, water quality monitoring, water conservation, leak detection and progress reports.


Date: 9/21/16
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with a $3,795 Penalty involving Quarry Hills Associates, LP for Solid Waste violations in Quincy. MassDEP determined that Quarry Hills Associates, LP had not complied with a MassDEP permit condition by failing to have a Massachusetts Registered Professional Engineer observe excavation work and the subgrade conditions during a construction project to replace damaged driving range netting support poles located on a closed and capped landfill. In addition to the Penalty, MassDEP is requiring Quarry Hills Associates, LP to monitor the stability of the replaced range poles.


Date: 9/19/16
municipality: ['Petersham']
Text:
  MassDEP entered into a Consent Order with Quabbin Healthcare, Inc., for Water Supply violations in Petersham regarding its reactivation of a public water system. The Order includes conditions regarding use of the existing source and treatment (including discharges), activities within the zone one (wellhead protection) operation, monitoring and other upgrades.


Date: 9/19/16
municipality: ['Whately']
Text:
  MassDEP entered into a Consent Order with Whately Water District for Water Supply violations in Whately. The District has agreed to address needed improvements to its storage, including cleaning the water storage tank, an improved point-of-entry sample location and continued monitoring for manganese.


Date: 9/16/16
municipality: ['Dover']
Text:
  MassDEP entered into a Consent Order with the Bank of Cape Cod for Wetlands violations at 3 Adams Land in Dover.  This action results under the Certificate of Compliance (COC) Initiative undertaken by the MassDEP Wetlands. After issuance of an notice of noncompliance in 2013 to the former property owner (Stephen Fogg) for failure to request a COC in 1997, MassDEP found that 6,060 square feet of bordering vegetated wetland (BVW) replication had not been constructed as required by both a final order and a Water Quality Certificate issued for a driveway to a single family house crossing this BVW and an intermittent stream. The house and driveway crossing were built according to the approved plan.  In 2014, the Bank of Cape Cod foreclosed on the property. Today's Order governs the construction of the BVW replication with long-term monitoring requirement.


Date: 9/13/16
municipality: ['Hardwick']
Text:
  MassDEP issued a Unilateral Order to Hardwick Vineyards and Winery, Inc., for Water Supply violations in Hardwick. Hardwick Vineyards and Winery, Inc. owns and operates a transient public water system. The Winery has failed to submit the 2015 Annual Statistical Report required of all public water systems and has failed to submit the report after receipt of a previously-issued Notice of Noncompliance.


Date: 9/13/16
municipality: ['Goshen']
Text:
  MassDEP issued a Unilateral Order to Jerry J. Bird d/b/a Spruce Corner Restaurant in Goshen, for Water Supply violations.  Spruce Corner Restaurant operates a transient public water system. Bird failed to submit the 2015 Annual Statistical Report required of all public water systems and failed to submit the report after receipt of a Notice of Noncompliance.


Date: 9/13/16
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with the Spencer House, LLC, for Water Supply violations in Becket regarding its operation of a public water system in Becket. Today's Order addresses compliance with ongoing operations, water monitoring and source requirements.


Date: 9/13/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $5,750 involving the Trinity Ashmont Two, Limited Partnership (LP) for Waste Site Cleanup violations in Dorchester (Boston). Trinity Ashmont Two, LP, is the owner of the property at 1981 Dorchester Avenue, in Dorchester, where a former car sales and repair facility was located. The LP is now redeveloping the property into mixed use including market value and below market value residences.  Specifically, the violations were for failure to submit a Release Abatement Measure Plan prior to removing contaminated soils at the site.  Under today's Order, the LP will pay $2,000 of the Penalty, with $3,750 suspended with a stipulated penalty provision for any missed deadlines.


Date: 9/13/16
municipality: ['Orange']
Text:
  MassDEP issued a $7,590 Penalty Assessment Notice to Tracy Gleason d/b/a Spanky's Tree Service for Waste Site Cleanup violations in Orange. On 12/3/15, MassDEP was notified of diesel fuel to roadways and private commercial property in the vicinity of 25 East Main Street in Orange. At the time of the call, the party who caused the release was unknown. MassDEP staff immediately responded to the site to oversee cleanup of the spill and investigate the potential source. Through investigation, including video footage from the impacted property, it was determined that the release of diesel fuel, estimated to be approximately 20 gallons, spilled from a vehicle operated by Gleason. The video footage also indicated that Gleason was aware of the spill, but failed to notify either the town of Orange public safety officials or MassDEP of the release. MassDEP made numerous attempts to reach a negotiated settlement with Gleason but was unsuccessful, resulting in today's Penalty.


Date: 9/8/16
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving CommonWealth New Bedford Energy (CNBE) LLC for Air Quality violations in Dartmouth. CNBE was found to be operating a landfill gas to energy facility while exceeding hydrogen sulfide gas limitations, due to the Crapo Hill landfill accepting construction and demolition waste. Today's Order requires CNBE to install and operate a treatment system that removes excess hydrogen sulfide, to monitor the gas on a monthly basis, and to pay the $8,625 Penalty.


Date: 9/2/16
municipality: ['Northfield']
Text:
  MassDEP issued a Unilateral Order to Northfield Mount Hermon School (NMHS) for Wetlands violations in Northfield. NMHS must work to stabilize a construction site and cease and desist from working until it has obtained a permit.  The violation arises out of the construction of an access road on Warwick Road in Northfield without a wetlands permit on a steep slope within the 200-foot riverfront area of Mill Brook - a coldwater fishery.  NMHS has subsequently filed a notice of intent with the conservation commission for the work.  


Date: 9/2/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,600 Penalty involving AO Eyewear, Inc. for Ground Water Discharge violations in Southbridge. As a result of a complaint investigation on 11/5/15, MassDEP determined the violations of the Ground Water Discharge Permit Program regulations. During the inspection of its eyeglass-frame processing facility in Southbridge, BAW personnel determined that the company was disposing of wastewater from its frames polishing operation to the ground surface without a permit. The Company has ceased the discharge and agreed to pay the $4,600 Penalty. This action will help to ensure future compliance with the regulations.


Date: 9/1/16
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with Sarkis Balian for Air Quality (Asbestos) violation in Worcester. The violations occurred at a mixed use commercial/residential property in Worcester. The violations were discovered during a November 2015 inspection by MassDEP which was following up on a complaint of an improper asbestos removal. MassDEP inspectors found a disconnected asbestos-insulated boiler and pieces of dry asbestos insulation uncontained on the basement floor. MassDEP required the basement to be cleaned up and decontaminated by a licensed asbestos contractor.  


Date: 8/30/16
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Colonial Estates Homeowners Association, Inc. for Water Pollution Control violations in Taunton. Colonial Estates is the owner of a mobile home park that is served by multiple sewage disposal systems where total flow at the property is in excess of 15,000 gallons per day. Today's Order establishes timeframes for connection to the municipal sewer or construction of a groundwater discharge facility.


Date: 8/29/16
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with MK Fuel, Inc., for Water Supply violations in Brimfield. Today's Order addresses the facility's failure to meet certified operator requirements and failure to complete required routine total coliform bacteria monitoring. Under the terms of the Order, the facility will address and take corrective actions including public notice and operator coverage.


Date: 8/29/16
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with Berkshire Hills Regional School District to address Water Supply violations in Great Barrington. Today's Order with Berkshire Hills Regional School District is regarding the Monument Mountain Regional School campus and its certified operator practices, emergency response plan, monitoring and treatment system safety control requirements. The Order addresses and requires corrective actions to bring the facility into compliance.


Date: 8/24/16
municipality: ['Petersham']
Text:
  MassDEP entered into a Consent Order with Quabbin Healthcare, Inc. for Water Supply and Water Pollution Control violations in Petersham. The Order addresses the terms for the reactivation of the public water system recently inactivated and additional drinking water and wastewater matters associated with the planned use of this facility.  Today's Order includes a detailed list of actions to be taken to bring the facility into compliance prior to opening to the public.


Date: 8/23/16
municipality: ['Leverett']
Text:
  MassDEP entered into a Consent Order with a $946 Penalty involving the Village Cooperative Corporation for Water Supply violations in Leverett. Village Cooperative Corporation failed to demonstrate adequate certified operator oversight and failed to comply with sanitary survey requirements at ViIlage Coop public water system in Leverett. Under the terms of today's Order, the Corporation is required to submit monthly operator inspection reports to be submitted for each of the coming twelve months and payment of the Penalty.  


Date: 8/23/16
municipality: ['Plainfield']
Text:
  MassDEP issued a Unilateral Order to, Earthdance Creative Living Project, Inc., in Plainfield. Earthdance Creative Living Project, Inc. had submitted notification of a drinking water emergency due to power loss of the ultraviolet light disinfection system and use of a bypass to have water for non-potable uses. Today's Order requires notice to customers to boil water or use bottled water for human consumption, notice to local officials, implementation of its emergency plan and continued monitoring as required by MassDEP.   


Date: 8/17/16
municipality: ['Clarksburg']
Text:
  MassDEP entered into a Consent Order with Briggsville Water District involving Water Supply violations in Clarksburg. Today's Order is regarding the District's failure to meet sanitary survey and permit requirements, failure to respond properly to emergencies and failure to notify officials of emergencies as required, deficiencies in its chlorine disinfection system and public water system capacity and operations issues. The Order requires certain corrective actions involving the permitting, planning, staffing and operational improvements that are necessary to bring the District into compliance.


Date: 8/17/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Wales Transfer Station to address violations observed at the site of both their solid waste transfer station and the landfill.  Today's Order requires the town to address ash and wood waste disposal issues on site, correct hazardous waste violations (waste oil and fluorescent bulbs), complete required certifications, and perform required inspections.  The entire penalty of $5,000 will be suspended pending compliance with the terms of the Order.   


Date: 8/17/16
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $4,935 Penalty involving Westfield State University, Westfield. MassDEP has entered into a Consent Order with Westfield State University to address hazardous waste and air quality violations. As a result of inspections conducted at the University in late 2015, MassDEP identified several violations which were also cited in a Notice of Noncompliance that MassDEP had issued the University in 2011. The repeat violations include


Date: 8/17/16
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Westfield Electroplating Company for Air Quality and Hazardous Waste violations in Westfield. The violations include the failure to operate equipment in accordance with a plan approval and failure to inspect air pollution control equipment and hazardous waste accumulation areas. Under the terms of the Order, the facility will be brought into compliance and, WEPCO will pay the $4,000 Penalty.


Date: 8/17/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving S&G Associates, LLC, for Waste Site Cleanup violations in Osterville. Today's Order establishes negotiated deadlines for the completion of required comprehensive response actions at the site and assesses a negotiated penalty in the amount of $20,000. Today's Order once incorporated into a final decision, will settle and release all claims between MassDEP and S&G as raised in their appeal of a 2016 Unilateral Administrative Order and Penalty Assessment Notice, issued by MassDEP in response to S&G's failure to conduct required comprehensive response actions at the site.


Date: 8/16/16
municipality: ['Tisbury']
Text:
  MassDEP entered into a Consent Order with a $15,870 Penalty involving Prime Marina MV Holdings LLC for Chapter 91 Waterways violations in Tisbury. Prime Marina MV Holdings LLC is the owner of the Vineyard Island Marina, and today's Order is in connection with noncompliance with the Chapter 91 license for the marina. Additional floating docks, a reconstructed bulkhead and two (2) buildings were constructed without prior authorization. Respondent has filed a Waterways application seeking the required authorization and will pay a penalty in the amount of $15,870.


Date: 8/15/16
municipality: []
Text:
  MassDEP issued 98 Notices of Noncompliance during the month of August for Underground Storage Tank (UST) violations. The NONs were issued to the facility owner/operators for failing to have UST third-party inspections completed by their respective due dates through 6/30/16. MassDEP gave the offenders 30 days to return to compliance. Those that fail to do so will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to have their tank systems inspected every three years by MassDEP-approved Third-Party Inspectors (TPIs), hired by the UST owners. TPIs report their findings to the agency. While they provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 8/9/16
municipality: ['Mashpee']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Southport on Cape Cod Condominium Association, Inc. in Mashpee.  Today's Amendment allows Southport's request for extension of time to perform certain actions required by the November 2015 Consent Order. The Order requires Southport to retain the services of a contractor to perform all required maintenance on its facility as well to prepare a report describing any facility modifications necessary to maintain permit compliance for the next 5 years. The Order further sets out a schedule for the completion of the required actions.


Date: 8/8/16
municipality: ['New Marlborough']
Text:
  MassDEP entered into a Consent Order with 229 Food & Farm, LLC (229 Cantina) for Water Supply violations in New Marlborough. 229 Food & Farm, LLC operates a public water system.  Today's Order addresses compliance with operator, monitoring and other water system requirements.


Date: 8/8/16
municipality: ['Holland']
Text:
  MassDEP issued an $860 Penalty Assessment Notice to James LaMountain for Air Quality violations in Holland. James LaMountain was issued the Penalty for conducting open burning at his residence in Holland. Based on a complaint referral from the Holland Police Department, it was determined that LaMountain conducted open burning of a large pile of trash, plastic, bricks, processed wood, and other building debris on 4/17/16.


Date: 8/8/16
municipality: ['Holland']
Text:
  MassDEP issued a $1,720 Penalty Assessment Notice to Blodgett Farm at Mashapaug, LLC in Holland for Air Quality violations. MassDEP determined that the Farm was allowing open burning at its property at 178 Mashapaug Road in Holland. Based on a complaint referral from the Holland Police Department, the property was the site of two distinct illegal burns of trash, plastic, bricks, processed wood, and other building debris on 4/17/16.


Date: 8/8/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving ElecComm Power Realty LLC for Waste Site Cleanup violations at 149 Providence Street in Boston. ElecComm Power Realty LLC is the owner of the property in the Hyde Park section of Boston. The property is a commercial building. Specifically, the Waste Site Cleanup violations were for failure meet deadlines for submittal of a phase one assessment report and a tier classification, establishing site conditions and additional cleanup measures. MassDEP had issued a Notice of Noncompliance on 12/30/15 relative to this site. Today's Order contains a $10,000 penalty provision with $9,400 suspended and $600 paid as well as a stipulated penalty provision for any missed deadlines.


Date: 8/5/16
municipality: ['Uxbridge']
Text:
  MassDEP entered into a Consent Order involving Green Acres Reclamation Project to address soils at 175 South Street in Uxbridge. The Order involves the Green Acres Reclamation LLC, Richardson-North Corporation and Elias Richardson III and constitutes MassDEP approval pursuant to Policy #COMM-15-01 - the Interim Policy on the Re-Use of Soil for Large Reclamation Projects. The Order is to allow for acceptance of certain soil at this facility for sand and gravel pit reclamation purposes.  Policy COMM-15-01 directs MassDEP to issue site specific approvals, in the form of an Administrative Consent Order, to ensure the reuse of large volumes of soil for the reclamation of sand pits, gravel pits and quarries that pose no significant risk of harm to health, safety, public welfare or the environment and would not create new releases or threats of releases of oil or hazardous materials. The project involves importing up to 2.5 million cubic yards of soil from construction projects to fill and grade approximately 45 acres. The facility management practices and the criteria for the acceptance of soils at the facility are specified in an approved Soil Management Plan.


Date: 8/5/16
municipality: ['Charlemont']
Text:
  MassDEP issued a Unilateral Order to Vickamyn, LLC in Charlemont for Water Supply violations. MassDEP issued this Boil Water Order to Vickamyn, LLC as the owner of the Charlemont 4-Family Store. The Boil Water Order was issued in response to detections of e.coli bacteria in the source and system. The Order includes boil water requirements, public notice, additional response actions and investigation into the cause.


Date: 8/4/16
municipality: ['Gill']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the town of Gill for Water Supply violations. MassDEP had concluded an Order with the town of Gill regarding the Gill Elementary School public water system. Today's Amendment now addresses a new deadline and conditions for installation of disinfection due to multiple bacteria detects while the public water system also address other water quality issues.


Date: 8/4/16
municipality: ['Middleborough']
Text:
  MassDEP issued a Demand for $1,500 in Stipulated Penalties to A-Plus Waste and Recycling Services, LLC in Middleborough. The Demand was for continued violations of Administrative Consent Order. A-Plus violated existing Order by not submitting biweekly reports within 5 days of the end of the two-week period, not establishing a complaint hotline by 6/30/16 and by submitting four weekly notifications after 3 p.m. the week before the activity. The Stipulated Penalty Demand Notice requires that A-Plus pay the $1,500 within 30 days. Earlier this year, MassDEP entered into a Consent Order with A-Plus for noncompliance with Solid Waste Regulations for the compost operations at 88 River Street. A-Plus held a General Permit with MassDEP for composting (including food material) in Middleborough. A-Plus violated MassDEP solid waste regulations by generating off-site offensive/nuisance odor conditions and not using best management practices at the site. The Order revoked the site's General Permit for composting and required A-Plus to follow an updated Operational Plan for Compost Materials Removal and Odor Control Plan ("the Plan") for the management and subsequent removal of the existing compost material on the site and minimize off-site nuisance odors.


Date: 8/1/16
municipality: ['North Reading']
Text:
  MassDEP entered into a Consent Order with a $14,375 Penalty involving Edgewood North Reading Apartments Investors, LLC, for Water Pollution Control violations in North Reading. Edgewood North Reading Apartments Investors, LLC holds a groundwater discharge permit and violated the effluent limit requirements of their permit. Edgewood will pay $8,000 of the Penalty and $6,375 will be suspended contingent on satisfactory completion of required compliance measures.


Date: 7/29/16
municipality: ['Montague']
Text:
  MassDEP issued a Penalty Assessment Notice of $6,000 to James Smith of Montague for Wetlands Protection Act violations. In addition, a Unilateral Order was issued to Smith regarding the placement of fill to expand the lawn at his home. Smith has failed to comply with a local enforcement order, failed to respond to a Notice of Enforcement Conference and other communications from MassDEP. Smith has had prior wetlands violations at his property. Today's Order requires that Smith cease and desist from placing additional fill and to retain a wetlands consultant as well as develop and execute a plan to restore the area where the violation took place.


Date: 7/28/16
municipality: ['Falmouth']
Text:
  MassDEP entered into a Consent Order with an $1,865 Penalty involving Accurate Plastics Inc. for Air Quality and Hazardous Waste Management violations in Falmouth. MassDEP conducted a multi-media inspection that revealed the facility was generating Small Quantity Generator amounts of hazardous waste while registered as a Very Small Quantity Generator. In addition, there were violations for container labeling and marking the accumulation area, and that Accurate Plastics Inc. also had failed to apply for a plan approval for acetone emissions from production activities greater than one ton per year. Today's Order ensures compliance with the Hazardous Waste and Air Pollution Control requirements.  


Date: 7/27/16
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Fernwood Holdings, LLC for Wetlands violations at 209 Essex Avenue in Gloucester. The violation consists of filling and altering 320 linear feet of Bank by installing 160 linear feet of pipe to convey an intermittent stream across the property without authorization. MassDEP became involved with the case after the violator received two local Enforcement Orders, and had filed a Notice of Intent to restore only a portion of the stream and was denied by the Conservation Commission, and, then appealed the decision to MassDEP requesting a Superseding Order of Conditions (SOC). MassDEP worked with the violator to revise the proposed plan to restore the stream and provide additional mitigation that resulted in issuance of the SOC but with deadlines for the work. The work was not performed and deadlines were not met in non-compliance with the conditions of the SOC. Today's Order contains provisions for stream restoration and additional mitigation including work deadlines and long term monitoring and reporting. Fernwood will pay $500 of the Penalty the remaining $29,500 will be suspended upon full compliance.  


Date: 7/26/16
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order with a $2,580 Penalty involving PDFR Trust/Country Junction Plaza or Water Supply violations in Carver. PDFR Trust is the owner of a commercial plaza and is a public water system. The system reported elevated levels of copper and aluminum. Violations included failure to collect water quality parameters, failure to submit an optimal corrosion control treatment recommendation, failure to provide consumer notice to persons served at the tap, and failure to give public notice of violations. Respondent has hired a new certified operator for its system. Today's Order requires respondent to provide public notice, collect water quality parameters, submit a plan to obtain a permit allowing recommend corrosion control treatment, install corrosion control treatment if and when that is approved, and conduct post-installation sampling. Today's Order also assesses a penalty of $2,580 with $2,000 payable and $580 suspended contingent upon compliance.


Date: 7/26/16
municipality: ['Easton']
Text:
  MassDEP entered into an Amendment to an existing Consent Order from 2014 with Easton MHC LLC for Water Pollution Control violations in Easton. Easton MHC LLC is the owner of the Easton Mobile Home Park, and today's Amendment extends the deadline for completing the phase two and three(a) and three(b) activities, specifically the inflow/infiltration reduction and upgrades to the wastewater treatment facility that had been outlined in the repair plan.


Date: 7/25/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving 170 Broadway LLC for Waste Site Cleanup violations in Boston. After receiving a report of petroleum and lead in soil above reportable concentrations, the contaminants were identified in January of 2015 and reported in February of 2016. The company, however, has failed to report contamination in soil above reportable concentrations to MassDEP within 120 days of knowledge in violation of regulations. On 3/21/16, MassDEP received a release abatement measure plan describing the stabilization of 350 yards of lead contaminated soil at the site, but documents revealed it was already done, and this was done prior to submitting plan, a violation. The building on the property has been demolished and the site is being redeveloped. The first floor will be a commercial/restaurant establishment, and upper floors will be apartments. On 7/25/16, MassDEP and 170 Broadway LLC entered into an Order containing submittal deadlines and a penalty. Today's Order requires a RAM status report by 7/21/16 and either a permanent solution statement or a phase one report and a tier classification for the site by 2/26/17. Today's Order requires $7,250 paid and $10,000 suspended pending compliance, and a stipulated penalty provision for any missed deadlines.


Date: 7/22/16
municipality: ['West Stockbridge']
Text:
  MassDEP issued a Unilateral order to Sidhee Inc. located at Route 102 in West Stockbridge. The Order was accompanied by a declaration of state of water emergency to Sidhee Inc. - d/b/a Pleasant Valley Motel - a public water system.  The Declaration was issued at the request of the owner to allow the motel to provide alternate and bulk water due to a failure of the well pump. Alternate water was provided and the well pump repaired, the system disinfected and bacteria samples taken.   


Date: 7/21/16
municipality: ['Belchertown']
Text:
  MassDEP issued a boil-water order to Aquarius Water Company, Inc. in Belchertown. The company operates the Sportshaven Mobil Home Park.  A shortage of water at the park has caused residents to turn the well off to allow the well to recover. The resulting loss of pressures creates the potential for contamination of the system due to on-site septic systems. The boil order was issued as a preventative measure to protect public health.


Date: 7/20/16
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with an $11,000 Penalty involving Springfield Muffler Co. Inc. for Hazardous Waste Management violations in Springfield/West Springfield. Springfield Muffler Company, Inc. owns and operates automotive repair facilities in Springfield and West Springfield under the name of Spartan Auto Care Centers. As a result of inspections conducted at the two facilities, MassDEP identified that these facilities were not registered with MassDEP as a generator of waste oil; had not registered the waste oil burning activities; did not have appropriate labels on its waste oil containers and tanks; have not conducted weekly inspections of its waste oil accumulation areas; and, had not been maintaining hazardous waste manifests. In addition, the company operated a waste oil-fired space heater (at both facilities) outside of the approved period. Springfield Muffler Company, Inc., which has cooperated with MassDEP, initiated corrective actions after becoming aware of the violations. The company will pay $5,000 of the Penalty with the additional $6,000 suspended pending compliance with the terms of the agreement.


Date: 7/14/16
municipality: ['Hadley']
Text:
  MassDEP issued a Unilateral Order to Christopher Baj - d/b/a Hadley Concrete Service - in Hadley. MassDEP issued a Unilateral Order to Hadley Concrete Service, requiring the removal of waste concrete material that was dumped on the bank of the Connecticut River in Hadley.  


Date: 7/14/16
municipality: ['Carver']
Text:
  MassDEP has entered into a Consent Order with Carver High and Middle Schools for Water supply violations in the town of Carver. These facilities have water supplies that have exceeded the manganese level. Under today's Order, the supplier of water shall take appropriate actions to reduce the level of contaminant concentrations to levels MassDEP deems safe. The town of Carver will hire a professional engineer to evaluate the drinking water system, construct a chemical injection system, evaluate options for reducing the manganese concentration, and provide finished water demonstrating that manganese levels are reliably and consistently below 0.30 mg/l.


Date: 7/14/16
municipality: ['Whately']
Text:
  MassDEP entered into a Consent Order with Whately Board of Water Commissioners for Water Supply violations in Whately. The Whately Board of Water Commissioners has failed to address staffing and monitoring violations at this community public water system. Today's Order now provides a schedule for the hiring of replacement staff and appropriate staffing of the system. In addition, the system has already reported that it has repaired the broken monitoring equipment.


Date: 7/13/16
municipality: ['Belchertown']
Text:
  MassDEP issued a Unilateral Order to Aquarius Water Company, Inc. for Water Supply violations in Belchertown. Aquarius Water Company, Inc. is the owner of the Sportshaven Mobil Home Park. The order requires the owner to provide alternate water due to a shortage of water at the park, to provide notice to customers, to report to MassDEP and the local board of health on a daily basis, and to implement its emergency plan. The owner has not complied with the Order and MassDEP is working with the town and the Massachusetts Attorney General with respect to this facility.


Date: 7/11/16
municipality: []
Text:
  MassDEP issued 107 Notices of Noncompliance in the month of July for Underground Storage Tank (UST) enforcement matters. The UST facility owner/operators failed to have third-party inspections completed by their respective due dates through 3/31/16. MassDEP had given the offenders 30 days to return to compliance. Those owners/operators who failed to do so will be subject to additional enforcement measures, including financial penalties. The UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. MassDEP also issued Reporting Penalty Assessment Notices to another six UST facility owner/operators for failing to respond to their initial NONs. More information


Date: 7/6/16
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $7,906 Penalty involving Joseph Freedman Company, Inc. for Waste Site Cleanup violations in Springfield. Joseph Freedman Company, Inc. is a Springfield-based metals recycling company that had failed to immediately notify MassDEP of a threat of release of magnesium that occurred as a result of a magnesium fire that was discovered on 5/9/15. The fire ignited in large containers of magnesium chips and was discovered on 5/9/15 at 12


Date: 6/30/16
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $4,315 Penalty involving  Intensity Spray Foam, Inc. (ISF) for Waste Site Cleanup violations in Brockton. The company failed to notify MassDEP of a release of approximately 40 gallons of diesel fuel that leaked from an ISF work truck at 210 N. Cary Street in Brockton. Early in the morning on 11/2/15, ISF employees discovered that diesel fuel leaked from a saddle tank on a work truck. The release impacted an asphalt parking area and subsurface soils at the facility that they leased. ISF employees applied absorbents to the release but failed to notify MassDEP.  MassDEP was later notified of the release by the property owner. The cleanup will be completed and the company will pay the $4,315 Penalty.    


Date: 6/30/16
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order with Route 44 Development, LLC regarding the former Sand & Gravel property at 3-4 Park Avenue in Carver. This Order is relative to the use of reclaimed soils at the former Route 44 Sand and Gravel Property in order to reclaim the former sand and gravel pit and prepare it for future development in accordance with MassDEP's Interim Policy on the Re-Use of Soil for Large Reclamation Projects" (COMM-15-01). Approximately 732,000 cubic yards of soil and 61,500 cubic yards of Asphalt, Brick and Concrete (ABC) rubble will be imported in two phases. Today's Order is supported by a fill-management plan protocol that establishes the criteria for soil acceptance and describes the monitoring and conditions recording during and after reclamation activities. This in-active three-acre wood waste landfill will be closed in accordance with Solid Waste regulations, including reuse or removal for recycling and/or disposal.


Date: 6/30/16
municipality: ['Shelburne']
Text:
  MassDEP issued a Unilateral Order and Declaration of State of Water Emergency to Nancy Hazen, owner of a transient non-community public water system known as Shelburne Coffee Roasters located in Shelburne.  The Declaration was issued at the request of the owner so she could accomplish system repairs and continue providing water during that time.


Date: 6/29/16
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving 402 Grove Street Realty, LLC & Altab, Inc., for Waste Site Cleanup violations in Worcester. The owners of this site, which is a 21E site under Massachusetts regulations, failed to maintain the previously-entered 'temporary solution' it had achieved at the site. Specifically, today's Order assesses a Penalty of $30,000 for failing to continue to assess groundwater to ensure source control, monitor indoor air for a potential imminent hazard, and submit status reports to verify continued operation of a sub-slab de-pressurization system. Today's Order requires retraction of the 'temporary solution' and establishes a schedule for response actions to fully assess source control and remedial alternatives.  


Date: 6/29/16
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with 1430 Commonwealth, LLC, for Asbestos violations at 49-51 Union Street in Worcester. The violations were discovered during May 2015 by MassDEP inspectors who were following up on a complaint of improper asbestos disposal and found sections of asbestos insulated pipes uncontained on a loading dock at the site. MassDEP required all affected areas of the property to be properly cleaned and decontaminated by a licensed asbestos contractor.


Date: 6/28/16
municipality: ['Wakefield']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Cumberland Farms Inc., for Waste Site Cleanup violations.  The company is the owner of the property at 200 Lowell Street in Wakefield. The property is a gas station and convenience store under renovation. Specifically, the violations were for failure to meet phase one (assessment) and tier classification (cleanup permit) deadlines set out in the regulations and specified in a Notice of Noncompliance that MassDEP issued on 1/13/16. MassDEP has agreed to suspend $25,000 of the Penalty with the remaining $5,000 paid as well as a stipulated penalty provision for any further missed deadlines.


Date: 6/28/16
municipality: ['Westford']
Text:
  MassDEP issued a Demand for a $7,000 Stipulated Penalty to the John Allen Kimball Trust for Wastewater violations as delineated in a previous Consent Order with the Trust and MassDEP in 2015. That Order required that the Trust would not add, install or operate and expand activities at the commercial facility in Westford known as Kimball Farm. The Trust agreed it would not do so without the expressed written consent of MassDEP. The Trust operates a commercial enterprise known as "Kimball Farm" on Littleton Road in Westford. Current operations at Kimball Farm include seasonal, recreational, and commercial activities and uses


Date: 6/23/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $45,580 Penalty involving New Cingular Wireless PCS - d/b/a AT&T Mobility - for violations of Massachusetts Environmental Results Program Certification regulations.  AT&T Mobility voluntarily reported it had failed to disclose and certify as required that it had installed and operated 45 emergency engines from 3/23/06 until 5/5/15. The initial certification of these engines or turbines is required under state regulations to demonstrate the unit is capable of meeting air emission limitations for three years. Thereafter, monthly logs are required to verify the unit is operating and performing in compliance with state air emission standards. After disclosing its failure to submit initial certifications, AT&T Mobility submitted logs to MassDEP about these engines, but four of the 45 units had no monthly log information and another four units had inaccurate log information. To resolve this enforcement issue and to prevent future non-compliance, AT&T designed and successfully implemented a nationwide system that tracks the regulatory compliance of their emergency generators, which is expected to result in long term improvements of their overall management of this equipment. This action allows AT&T staff to know what is or is not happening with their emergency generators at any given time during the month. In addition to the $45,580 Penalty, the company has agreed to maintain accurate monthly log information in the future.


Date: 6/22/16
municipality: ['Northbridge']
Text:
  MassDEP issued a Unilateral Order to D&G Recycling, Inc., and Daniel Perry and Gerald Caya d/b/a D&G Recycling, Inc. for Wetlands violations at 2040 Providence Road in Northbridge. MassDEP staff, and a member of the Northbridge Conservation Commission, inspected this site and observed that a large volume of material had been brought to the site and placed in Bordering Vegetated Wetlands (BVW), Bordering Land Subject to Flooding (BLSF). In addition, several truckloads of soil arrived and were unloaded at the site during the inspection.  Respondents had allowed the placement of at least 6,000 cubic yards of fill and debris at the site within BLSF, BVW, and Buffer Zone to the BVW. The work done on-site resulted in the unauthorized alteration of approximately one acre of BLSF. Today's Order requires Perry and Caya to cease all work in resource areas, prevent further violations, submit a schedule and plan for the removal of piles of fill in the BLSF, BVW, and Riverfront Area at the Site, and a plan for the restoration of those resource areas.


Date: 6/21/16
municipality: ['Uxbridge']
Text:
  MassDEP issued a Unilateral Order to the town of Uxbridge for Water Supply violations in Uxbridge. MassDEP's Drinking Water Program issued the Order after it was notified that a routine bacteria sample was confirmed positive for total coliform and negative for E. coli. Two of the three repeat samples were positive for total coliform and E. coli. Today's Order requires this Public Water System to provide notification and information to the public, and to the local officials, implement the Emergency Response Plan, provide disinfection, conduct repeat monitoring for total coliform, perform level 2 assessment by a party approved by MassDEP, perform corrective actions found through the assessment, submit an Emergency Response Report to MassDEP, and provide information pertaining to this Order to its customers in the next annual Consumer Confidence Report.    


Date: 6/20/16
municipality: ['Boxford', 'Topsfield']
Text:
  MassDEP issued a Boil Water Order to Andrews Farm Water Company for Water System violations in Boxford. Andrews Farm is a community public water system that serves approximately 145 Boxford residents. On 6/17/16, a hydro-pneumatic pressure tank in the pump station exploded, causing complete loss of water pressure and significant damage to the station. On 6/18, Andrews Farm activated an emergency interconnection with the Topsfield municipal water system and notified its consumers to boil the water before use. Andrews Farm is conducting follow-up monitoring for coliform bacteria in accordance with today's Order.


Date: 6/17/16
municipality: ['Deerfield']
Text:
  MassDEP entered into a Consent Order with South Deerfield Water Supply District for Water Supply compliance in Deerfield. Today's Order with the South Deerfield Water Supply District is to address operator staffing to ensure the public water system is adequately staffed with licensed personnel, it can keep up with maintenance and will increase staff hours over time as identified within the Order.


Date: 6/17/16
municipality: ['Dedham']
Text:
  MassDEP entered into a Consent Order with a $33,100 Penalty involving JFK Environmental, Inc. for Asbestos violations at 865-875 Providence Highway in Dedham. MassDEP responded to a complaint of improper asbestos removal and demolition at this location. The respondent had performed asbestos abatement activity and during an inspection it was observed that the respondent had improperly removed asbestos-containing materials in the buildings at the site. MassDEP observed asbestos-containing debris and incomplete asbestos removal visible in several areas of both buildings (which were scheduled for demolition) at this location. MassDEP then shut down the operations and ensured the situation was properly stabilized and cleaned up. As a result of the violations, the respondent was assessed a $33,100 will pay $5,000 and $28,100 will be suspended for a period of two years. The small business policy was utilized in reaching this settlement.


Date: 6/17/16
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Vincent Zizzo for Waste Site Cleanup violations in Everett at 302-304 Main Street. Zizzo has missed submittal deadlines that had previously been established under a prior Consent Order executed in 2015. Today's Order specifies violations and sets out a new timeline to return the site to compliance. Under today's Order, Zizzo will pay $2,000 of the Penalty with $28,000 suspended.


Date: 6/15/16
municipality: ['Otis']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Mountainview Campground, Inc. for Water Supply violations in Otis. The facility is required to take corrective actions to remedy the cause of an apparent bacterial contamination of its Well#2 source. Today's Amendment includes provisions for additional actions should multiple bacteria detects occur at this, a public water supply, within the next twelve (12) months.


Date: 6/10/16
municipality: ['Westford']
Text:
  MassDEP entered into a Consent Order with a $69,250 Penalty involving Genetti's General Contracting, Inc. for Asbestos violations in Westford. MassDEP personnel responded to a complaint of improper asbestos removal and demolition at 8 Brookside Road in Westford. The respondent had performed demolition activity at the site. MassDEP observed during an inspection of the site that the respondent had improperly impacted asbestos-containing materials in the building footprint of the site. MassDEP observed several thousand feet of severely damaged asbestos-containing transite pipe mixed with soil at the site. MassDEP shut down operations at the site and insured the situation was properly stabilized and cleaned up. Under today's Order, the respondent will pay $9,500 and $59,750 will be suspended for a period of one year. The small business policy was utilized in reaching this settlement.


Date: 6/9/16
municipality: ['Williamstown']
Text:
  MassDEP issued a Unilateral Order to Micazajo Enterprises, Inc. for Water Supply violations in Williamstown. The company is the owner of the 1896 House restaurant in Williamstown.  The violations were due to the finding of results showing that the water did not meet drinking water standards. The 1896 House Restaurant is served by a source that is under the influence of surface water. The owner has disconnected the required surface water treatment, leaving its customer at risk for multiple months before the action was discovered. This public water supplier was ordered to boil its water for all uses, to implement its emergency response plan and to notify its customers.  


Date: 6/9/16
municipality: ['Middleborough']
Text:
  MassDEP entered into a Consent Order with a $7,860 Penalty involving A-Plus Waste and Recycling Services, LLC for Solid Waste violations in Middleborough. A Plus is a 20-acre parcel located at 88 River Street, where the noncompliance with Solid Waste Regulations was found. A-Plus held a general permit with MassDEP for composting (including food material) in Middleborough. A-Plus violated MassDEP solid waste regulations by generating off-site offensive/nuisance odor conditions and not using best management practices at the site. Today's Order revokes the site's general permit for composting and requires it to follow an updated Operational Plan for Compost Materials Removal and Odor Control Plan. The Plan covers the management and subsequent removal of the existing compost material on site and minimization of off-site nuisance odors. In accordance with the Plan, the approximately 30,000 cubic yards of material (finished and unfinished compost) currently on site will be managed in accordance with the schedule until fully composted and cured with a final deadline for curing the newest material of 12/1/16. All finished compost material is required to be removed from the site (the footprint within the 20 acre operational area) by 2/1/17. Today's Order supersedes previous order and addresses the capture of past assessed penalties equating to $7,860 to be paid in three equal payments within 270 days.


Date: 6/8/16
municipality: ['Hingham']
Text:
  MassDEP entered into a Consent Order with a $5,500 Penalty involving Hingham Campus LLC, the owner of Linden Ponds retirement community in Hingham, The Order was in connection with the failure to complete required wetland resource area mitigation/replication work in accordance with a superseding order of conditions (permit) that was issued allowing the activity. Today's Order requires the respondent to complete the wetland mitigation/replication work, undertake culvert repairs and drainage improvements monitor the wetland mitigation areas to ensure successful establishment of wetlands, and submit reports documenting the relative success of the work.


Date: 6/8/16
municipality: ['Ashby']
Text:
  MassDEP entered into a Consent Order with a $3,600 Penalty involving Nathan and Danielle Sikkila for Wetlands violations in Ashby. Nathan and Danielle Sikkila of New Ipswich, NH have agreed to resolve violations of the Wetlands Protection Act at property owned by the Sikkilas in Ashby.  Prior to filing, or obtaining the required Order of Conditions, the Sikkilas constructed a driveway, including two wetland crossings, which altered more than 6,000 square feet of Bordering Vegetative Wetland.  The Sikkilas will pay the $3,600 Penalty and will restore or replicate the affected resource areas.


Date: 6/8/16
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Kingston Water Department.  Today's Order requires the Water Department to conduct cross connection surveys of all commercial, industrial, and municipal facilities served by this public water system as required by the Massachusetts Drinking Water regulations. Today's Order also requires the Water Department to come into compliance with other regulatory components of the cross connection program.


Date: 6/8/16
municipality: ['Norwell']
Text:
  MassDEP issued a Unilateral Order to R&H Discount Cleaners, Inc., Norwell along with a Demand for Stipulated Penalties. R&H owns a dry-cleaner at 507 Washington Street, Norwell, where there has been a historic release of chlorinated solvents. The contamination has migrated off property and impacted the indoor air of neighboring commercial properties. On 12/5/14, R&H was found to have failed to conduct response actions at the site, and entered into a Consent Order with MassDEP that established deadlines for the completion of cleanup work at this site. To date, R&H has not complied with the terms of that Order. Therefore, MassDEP has issued a demand for $60,000 requiring the completion of comprehensive response actions at the site.


Date: 6/6/16
municipality: []
Text:
  MassDEP was notified of a joint motion filed by the Massachusetts Attorney General involving Gigs, LLC for violations at the Battye Site in Methuen. The motion was filed by the Commonwealth, through the Attorney General and MassDEP to approve a consent judgment that was entered in and allowed by Suffolk Superior Court Judge Ames. Gigs, a general contracting and hauling business based in Windham, NH, will pay $25,000 to settle claims by the Mass A.G.(and MassDEP) that Gigs illegally dumped multiple loads of construction and demolition waste at a site in Methuen (the Battye Site) that was not permitted to receive that material. The total payment of $25,000 includes a $20,000 payment in installments into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site, along with a $5,000 Penalty. The settlement also prohibits Gigs from unlawfully handling, storing or disposing of construction and demolition waste or other solid waste.  


Date: 6/6/16
municipality: ['Woburn']
Text:
  MassDEP was informed that a joint motion filed by the Commonwealth, through the Massachusetts Attorney General, of a consent judgment involving NASDI, LLC. The judgment was entered in and allowed by Suffolk Superior Court Judge Lauriat for NASDI, a demolition disposal and abatement business based in Woburn. The company will pay $275,000 to settle claims that NASDI illegally dumped multiple loads of construction and demolition waste at an un-permitted site in Methuen (the Battye Site). The total payment of $275,000 includes a $265,000 payment in installments into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site, along with a $10,000 Penalty. The settlement also prohibits NASDI from unlawfully handling, storing or disposing of construction and demolition waste or other solid waste.  


Date: 6/6/16
municipality: ['Deerfield']
Text:
  MassDEP issued a Unilateral Order to J.F. White Contracting Company for Surface Water Discharge violations in Deerfield. J.F. White Contracting Company was found to be responsible for non-authorized discharge of concrete and rebar to the Deerfield River, which was recently discovered at MassDOT's Interstate-91 Bridge Replacement Project at the Deerfield River in Deerfield.


Date: 6/1/16
municipality: ['Rowe']
Text:
  MassDEP entered into a Consent Order with Congregation of Unitarian Universalists Rowe Camp and Conference Center for Water Supply violations in Rowe. The Center agrees to address multiple public water system improvements including permitting and construction of, or the rehabilitation of water supply wells #1 and #2.  The wells will be sufficient to provide safe and adequate drinking water storage for the public water system. The need for the system improvements were identified in a sanitary survey.


Date: 6/1/16
municipality: ['Fitchburg']
Text:
  MassDEP issued a Demand for $16,789 in Suspended Penalties to AKS Recycling in Fitchburg. AKS Recycling violated four conditions of a prior Consent Order including improper storage of metal materials, meaning the suspended penalty is no longer suspended.


Date: 6/1/16
municipality: ['Hubbardston']
Text:
  MassDEP entered into a Consent Order with a $7,906.25 Penalty involving Hubbardston Elderly Housing, Inc. for Water Supply violations in Hubbardston. The company is the owner and operator of a community public water system (PWS) at Hubbardston House Apartments.  During a recent inspection, MassDEP determined that the corrosion-control treatment system, which adjusts the PH of the drinking water to reduce the leaching of lead and copper from the plumbing into the drinking water, had not been operated correctly and had the potential of providing the drinking water with an elevated PH to the residents. This PWS was already providing bottled water to the residents due to elevated concentrations of nitrate. MassDEP has ordered Hubbardston Elderly Housing to cease operation of the corrosion-control treatment system until safety measures are installed to ensure that it will be operated properly and safely. Today's Order also requires submittal of a permit application for any modifications to the treatment system, and that the modifications to the system be completed by 1/1/17. The Order also suspends the Penalty provided compliance measures are met.


Date: 5/26/16
municipality: ['Millbury']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Cesyl Mills, Inc for Air Quality violations in  Millbury. Cesyl Mills, Inc. violated its air permit when MassDEP personnel observed odors in the neighborhood of the factory on 10/14/15 after several citizen complaints. On 4/5/06 MassDEP inspectors found that the company was running its fabric coating operation without the required use of its wet, packed-bed scrubber and without an interlock device to prevent the fabric line from running without the scrubber operating. The company has agreed to pay $20,000 and it has taken measures to reduce odors, sealed exit holes and doors, upgraded its maintenance schedule on the fabric screens, and tested odor agents in its resin and machine oil. It will also upgrade its electronic control systems on the coating line and scrubber. These measures will reduce unnecessary emissions to the atmosphere and conditions of air pollution.  


Date: 5/25/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Goodless Brothers Electric Co. of West Springfield for Hazardous Waste Management violations. Goodless Brothers Electric Co., Inc. is an electrical contractor located at 100 Memorial Avenue. The company violated the Mercury Management and Hazardous Waste Regulations. During a MassDEP inspection, it was determined that the company disposed of fluorescent bulbs containing mercury into a solid waste dumpster and failed to manage its fluorescent bulbs properly during storage. Under the terms of today's Order, the company will pay $4,000 Penalty and will implement a management plan for the spent fluorescent bulbs.


Date: 5/25/16
municipality: ['East Longmeadow']
Text:
  MassDEP entered into a Consent Order with a $13,800 Penalty involving Irwin Industrial Tool Co. of East Longmeadow for Air Quality and Wastewater violations. Irwin Industrial Tool Co. (d/b/a Lenox Tools) is a manufacturer of industrial saws and cutting tools. As a result of record review and a subsequent inspection, it was revealed that the company failed to obtain a written approval from MassDEP for operation of a rust preventive application, did not maintain monthly emission records, did not register its emergency generator and did not have an adequate Operations and Maintenance manual for its wastewater treatment system. As part of the settlement agreement, the company will pay $10,000, and the remaining $3,800 will be suspended pending the company's compliance with the terms of the agreement.


Date: 5/23/16
municipality: ['Brimfield']
Text:
  MassDEP issued a Unilateral Order to Joseph Collins d/b/a Collins Apple Barn of Brimfield for Water Supply violations. Collins Apple Barn must address the public water supplier's failure to complete and submit its annual statistical report. This water supplier has failed to submit this annual report in a timely manner in previous years as well. Today's Order requires completion and submittal of the report, which details the operation of the water system.


Date: 5/19/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $47,300 Penalty involving Emerald Pines, Toll MA IV, LLC for Wetlands and 401 Water Quality Certification violations. The violations occurred on property located off Howe Street in Methuen. The site is currently being developed as an active adult community known as Emerald Pines. The development is subject to a Superseding Order of Conditions (SOC) and a Water Quality Certification issued by MassDEP. Today's Order follows the issuance of a Unilateral Order by MassDEP in January, 2016 which required immediate corrective and restoration activities for the violations.  The violations resulted from a breach in the lower tier of a four-tiered series of temporary sediment ponds which caused 20-30 cubic yards of loam, subsoil, rocks and boulders to be released into bordering vegetated wetlands and 'bank'. This resulted in approximately 644 linear feet of bank and 4,038 square feet of BVW to be altered. Today's Order requires monitoring and reporting of the restored areas for two years and full compliance with the provisions of the SOC and WQC. The document also contains a $23,500 Penalty with $23,800 suspended upon completion of restoration monitoring.  


Date: 5/11/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the city of Greenfield in connection with permit violations at the Greenfield Water Pollution Control Facility (WPCF). Those violations were attributed to excessive infiltration and inflow (I/I) in the sewer collection system, including a sanitary sewer overflow (SSO) caused by the excessive I/I. Today's Order requires the city to complete a comprehensive I/I analysis to identify and eliminate excessive I/I in the sewer collection system. The Penalty is suspended in its entirety provided the city complies with the requirements of the Order.


Date: 5/9/16
municipality: ['Granville']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving the town of Granville for Waste Site Cleanup violations. The town's Department of Public Works (DPW) failed to notify MassDEP within two hours of a sudden release of an estimated forty (40) gallons of diesel fuel that occurred at the DPW yard at 69 Old Westfield Road in Granville. On 2/16/16 at 9


Date: 5/9/16
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $28,752 Penalty involving Housatonic Water Works Company for Surface Water Treatment Rule violations in Great Barrington. The company was found to have violated the regulations regarding SWTR operations, monitoring and reporting. Today's Order requires Housatonic Water Works paying the sum of $12,500 and the remainder, $16,250, suspended pending compliance with the Order and the SWTR.


Date: 5/3/16
municipality: ['Savoy']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Hill-N-Dale Nominee Trust for Waste Site Cleanup violations in Savoy. Hill-N-Dale Nominee Trust is the owner of the property located at 523 Center Street in Savoy. The Trust retracted the 'permanent solution statement' that had been submitted in August 2007 following discovery of additional oil at the site in October 2013. However, the 'permanent solution statement' retraction required the Trust to submit either a tier classification, or application for a new 'permanent solution statement'. The Trust failed to meet the deadline established by a prior Notice of Noncompliance issued by MassDEP relative to this issue on 2/24/15. Today's Order requires submittal of either a tier classification or a new 'permanent solution statement' by 5/15/16. The Trust had begun and completed the necessary assessment work prior to today's Order being finalized. MassDEP suspended the entire penalty of $6,000, but included provisions for stipulated penalties should any of the deadlines be missed.


Date: 5/3/16
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Alireza Nowrouzi as trustee of Pine Street Realty Trust for Waste Site Cleanup violations. Pine Street Realty Trust is the owner of property on 266 Moody Street in Waltham.  Specifically, the violations were for failure meet deadlines set out in MassDEP's Notice of Noncompliance and also in an earlier Consent Order. Today's Order now requires a phase two assessment report which meets the requirements by 11/14/16, and a phase three remedial alternatives analysis and implantation or phase four by 12/30/16. A permanent or temporary solution statement which meets the requirements for this site is due by 4/30/18. Today's Order further contains a $30,000 penalty with $2,000 payable and $28,000 suspended and a stipulated penalty provision for any missed deadlines. Closure of the site will lead to cleanup of the contamination - chlorinated solvents - at the site with an evaluation of risk to local residents and commercial spaces.


Date: 5/2/16
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $9,490 Penalty involving the city of Pittsfield for Waste Site Cleanup violations. The city's Department of Public Services, failed to notify MassDEP within two hours of a sudden release of an estimated thirty (30) gallons of hydraulic fluid that occurred on East Street between First Street and Allen Street on 12/16/15. On 12/17/15, at 8


Date: 5/2/16
municipality: ['Adams']
Text:
  MassDEP issued a Unilateral Order to Specialty Minerals for Groundwater Discharge violations in Adams in response to a groundwater seep at company's facility located on Route 8. The seep exhibited a pH of greater that 12.5 and was migrating offsite. The Order required that the discharge be stopped. Specialty Minerals has substantively complied through the collection of the seepage water and subsequent treatment at its wastewater treatment plant.


Date: 4/28/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,150 Penalty involving Kennametal, Inc., for Air Quality and Hazardous Waste Management violations in Greenfield. Kennametal's facility is located at 34 Sanderson Street. Kennametal is a manufacturer of tools. MassDEP's inspectors determined that Kennametal had accumulated more hazardous waste onsite than permitted by their registration, and did not conduct weekly inspection of its waste oil accumulation areas and did not keep records of solvent usage. Kennametal will pay the Penalty and bring the facility into compliance.


Date: 4/26/16
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Costello Dismantling Company, Inc., of West Wareham, for environmental violations in Chicopee. Costello Dismantling Company, Inc. is a demolition company that was retained to raze two (2) multi-story buildings at the former Uniroyal Complex located at 154 Grove Street in Chicopee. Upon inspection by MassDEP, it was found that significant dust emissions were observed on two separate occasions during demolition operations.


Date: 4/21/16
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with a $22,534 Penalty involving Meadowbrook Acres Limited Partnership for Water Supply violations in Brimfield. Meadowbrook Acres Limited Partnership must address multiple violations and deficiencies at its Meadowbrook Acres mobile home park public water system. This community public water system failed to fully comply with all requirements of a previous Unilateral Order and sanitary survey. Among the requirements are


Date: 4/20/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $100,350 Penalty involving Canaan David Khoury II and Elena Noor Khoury for Asbestos violations in Boston. MassDEP responded to a complaint of improper asbestos removal at 574 Weld St. in Boston. The respondents are owners of the rental property located at this site. MassDEP observed during an inspection of the site that the respondents had improperly removed and handled asbestos containing materials in the basement of the building. In addition, MassDEP observed cut sections of pipe insulated with Asbestos and unlabeled trash bags of dry Asbestos waste in the driveway of the occupied residence. MassDEP and the city of Boston then shut down the operations at the site and insured the situation was properly stabilized and cleaned up.  As a result of the violations observed by MassDEP, the respondent will pay $30,000 and $70,350 will be suspended, provided there are no additional violations for a period of two years.


Date: 4/20/16
municipality: ['Plymouth']
Text:
  MassDEP was notified that a Civil Complaint has been filed Against Veolia Water North America-Northeast LLC and the town of Plymouth. The Massachusetts Attorney General's Office filed a complaint in Suffolk Superior Court against Veolia Water North America-Northeast LLC and the town of Plymouth alleging that the failure to properly staff, operate and maintain the town of Plymouth wastewater system has caused numerous violations of the Massachusetts Clean Waters Act. The complaint alleges that discharges of untreated or partially treated wastewater lead to closures of shellfish beds in Plymouth Harbor and that the recent force main failures resulted in the release of tens of millions of gallons of raw sewerage to the ground. Veolia is the contract operator for the town of Plymouth's municipal wastewater system.


Date: 4/20/16
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with a $21,994 Penalty involving Tech Etch Inc. for Hazardous Waste Management, Air Quality and Industrial Wastewater violations in Plymouth. The violations were detected following MassDEP's compliance inspection. The Order requires the facility to achieve full compliance by seeking a permit for its increased air emissions, and revising its Hazardous Waste Management operations. The facility will also improve its Industrial Wastewater pre-treatment system records.


Date: 4/19/16
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with a $6,500 Penalty involving Lobel Tree Service, Inc. for Wetlands violations at 25 Farm Avenue in Peabody. Lobel conducts its wood-cutting and firewood sales distribution business on approximately 1/3rd of an acre of land that is part of a 19 acre piece of property. This is leased from the property owner. While traveling to perform a compliance inspection on a nearby property, MassDEP noted observations that wetlands resource area was being impacted by wood stockpiling, grading of soils, and placement of bituminous material on the site. After a subsequent announced inspection of the site, MassDEP determined that the work was performed without authorization within the wetland's "buffer zone" to the bordering vegetated wetlands, and within BVW. This action resulted in alteration and impairment of approximately 1,200 square feet of BVW. Today's Order requires restoration of the altered BVW with monitoring and compliance with an operations plan that contains setbacks to BVW and re-vegetation of the buffer zone. Today's Order requires payment of $3,000 with an additional $3,500 suspended pending full compliance.


Date: 4/15/16
municipality: []
Text:
  MassDEP entered into a Consent Order with an $11,502 Penalty involving AR Metalizing Ltd, Franklin, for Air Quality violations.  The company exceeded permitted air emission limits by installing equipment prior to receiving MassDEP plan approval. MassDEP observed the plan approval violation during a site visit at the company's facility on 12/8/15. The company has applied for a plan approval and is working on preventing future failures causing excess air emissions.


Date: 4/15/16
municipality: ['Harvard']
Text:
  MassDEP issued a Demand for Payment of previously-suspended Penalty of $25,182 involving Pin Hill, LLC, in Harvard. The suspended portion of this Penalty was assessed to Pin Hill LLC in a 2009 consent order for multiple violations of the Waste Site Cleanup violations that occurred at 25 Depot Road in Harvard. Under the terms of the consent order, MassDEP suspended a portion of the assessed Penalty and in return Pin Hill, LLC agreed not to violate any provision of the consent order. The consent order required Pin Hill LLC to submit the Phase Two, Three and Four reports as well as a (final) response action outcome for the cleanup. Pin Hill LLC, however, violated the consent order by not submitting any of the documents to MassDEP.  


Date: 4/14/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,222.50 Penalty involving the Leicester Water Supply District to provide an enforceable schedule for the installation of the District's surface water treatment plant. In addition, other infrastructure changes are being evaluated with the overall goal of meeting and maintaining water quality standards. The negotiated Penalty will be suspended under MassDEP's municipal penalty mitigation policy.


Date: 4/14/16
municipality: ['Whately']
Text:
  MassDEP entered into a Consent Order with a $16,500 Penalty involving Chang & Sons, Inc. for Water Pollution Control violations in Whately. Today's violations are in connection with violations at the Chang Farms Wastewater Treatment Plant (WWTP) and its water discharge permit (NPDES). The Order requires Chang Farms to evaluate the WWTP and propose a solution and schedule to correct the permit violations. The Order also requires Chang Farms to staff the facilities in accordance with the regulations to update its sampling and analysis program; update its Operation and & Maintenance Manual; and, calibrate all flow meters and laboratory equipment. MassDEP has agreed to suspend $6,500 of the Penalty provided Chang Farms complies with the requirements of today's Order.


Date: 4/14/16
municipality: ['Sunderland']
Text:
  MassDEP issued a Unilateral Order to Northland Investment Corporation in Sunderland for Water Supply violations. Northland Investment Corporation is the owner of the Cliffside Apartments community public water system located in Sunderland.  Today's Order was issued to Northland in response to its request for a Declaration of a State of Water Emergency. This Declaration is needed to approve an alternate/emergency source while its tanks were drained and inspected. Under the Declaration, Cliffside Apartments will implement its emergency plan and emergency interconnection with Sunderland Water District.


Date: 4/13/16
municipality: ['Florida']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Gator Swansea Partners LLLP for Water Pollution Control violations.  This LLLP is the owner of the Swansea Crossing Shopping Center commercial plaza. Gator Swansea Partners LLLP is a subsidiary of Gator Investments, a national real estate investment company headquartered in Florida. Today's Order was issued in connection with Gator Swansea's failure to comply with a 10/24/14 Order that was made final by a January 2015 final decision. That matter required the installation of a new wastewater treatment facility at the Swansea Crossing shopping plaza by 12/31/15. Today's Order establishes a new deadline for the construction of the facility and requires the payment of a $30,000 Penalty for violating the previous Order.


Date: 4/11/16
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $7,900 Penalty involving Hazen Paper Co. for Hazardous Waste Management and Air Quality violations in Holyoke. Hazen Paper Co. has agreed to address these violations. The company will pay a $6,000 penalty, with an additional $1,900 suspended, pending demonstrated compliance with today's Order.


Date: 4/11/16
municipality: ['Hinsdale']
Text:
  MassDEP issued a Unilateral Order to Aquarius Water Company, Inc., for Ashmere Water Service, which functions as a community public water system in Hinsdale. Today's Order was issued to Aquarius as a result of its violations of Massachusetts Drinking Water Regulations due to excessive water withdrawals, lack of a certified operator, unapproved expansion and unprotected connection to Camp Taconic, a facility near its Ashmere Water Service public water system and failure to report the volume of water sold in its Annual Statistical Report for multiple years.


Date: 4/11/16
municipality: ['Hinsdale']
Text:
  MassDEP issued a $9,113.50 Penalty Assessment Notice to Aquarius Water Company, Inc. for Water Supply violations in Hinsdale. Aquarius Water Service, Inc. is the owner of the Ashmere Water Service, which is a community public water system located in Hinsdale.  The Penalty was issued to Aquarius as a result of its violations of Massachusetts Drinking Water regulations due to excessive water withdrawals, lack of a certified operator, unapproved substantial modification of the water system through an unprotected connection to Camp Taconic, a facility near its Ashmere Water Service public water system. The system also failed to report the volume of water sold in its Annual Statistical Report for multiple years.


Date: 4/8/16
municipality: ['Charlemont']
Text:
  MassDEP entered into a Consent Order with Vickamyn, LLC, for Water Supply violations in Charlemont. Vickamyn, LLC has agreed under today's Order to address repeated instances where the maximum contaminant level for total coliform was exceeded. The LLC functions as the public water system for a Charlemont 4-Family Store. The Order includes response actions, including disinfection, should multiple detections of total coliform occur within the next twelve months.


Date: 4/8/16
municipality: []
Text:
  MassDEP entered into a Consent Order with Wellesley College for Drinking Water violations. MassDEP issued a Boil Water Order to Wellesley College after e coli was detected in one of seven routine samples collected from the College's public water system on 4/5/16 and total coliform bacteria detected in an 4/7/16 repeat sample from the same location. These two detections constituted a violation of the Maximum Contaminant Level. A Boil Water Order was issued for four facilities on a common dead end water main, including the location of the bacteria detections.  A length of pipe between the water main and that building had been replaced during the previous month. Today's Order requires that the water system notify its customers at these facilities to boil the tap water before consumption and conduct follow-up bacteria monitoring. Also, the system will implement an emergency response plan, and conduct a level-two assessment of the system. The system also increased the chlorination dose at its wells, flushed the common main and building's internal piping, and eliminated two piping dead ends within the building.


Date: 4/7/16
municipality: ['Rehoboth']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Manitook Estates for Wetlands violations in Rehoboth. MassDEP finalized an Order with Thomas Grossi, the developer of residential project in Rehoboth known as Manitook Estates. A subcontractor had clear-cut vegetation and trees within bordering vegetated wetlands, which also resulted in approximately 5,000 square feet of fill within the BVW. Upon becoming aware of the activity, Grossi self-reported the alteration to the Rehoboth Conservation Commission, who in turn reported it to MassDEP, because Grossi had received a Superseding Order of Conditions from MassDEP for this project. Grossi promptly hired a professional wetland scientist to prepare a wetland restoration plan. Today's Order requires the restoration of all impacted resource areas and the submittal of annual progress reports in the fall of 2016, 2017 and 2018. Grossi will pay the $10,000 Penalty (to be paid in four equal quarterly installments over one year.)


Date: 4/7/16
municipality: []
Text:
  MassDEP entered into a Consent Order with a $40,260 Penalty involving Lot G Middle Road Realty Trust for Wetlands violations in Amesbury. Thomas Anderson, as trustee for the Trust, agreed to today's Order which concern the violations at 37 and 41 Middle Road in Amesbury. Previously, a cease and desist Order had been issued in January for work done on a residential subdivision in non-compliance with multiple requirements of the applicable Superseding Order of Conditions that had been approved for work at this site. The violations include conformance with the approved stormwater control system and work that resulted in the unauthorized filling of 1,330 square feet of bordering vegetated wetland.  Today's Order requires restoration of BVW with long-term monitoring and compliance with the provisions of the SOC including stormwater management. The Trust will pay $8,000 with $32,260 suspended upon issuance of a return to compliance letter if all conditions are met.


Date: 4/6/16
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with Christos Markopoulos for Asbestos violations in Worcester. Markopoulos agreed to the Order which found violations of Asbestos regulations at this multi-family residence in Worcester. The violations were discovered during a February 2015 inspection which was in response to a complaint from the city of Worcester about improper asbestos removal. MassDEP found pieces of Asbestos insulation uncontained on the basement floor along with an open, unmarked household trash bag containing additional Asbestos insulation. MassDEP required the basement to be cleaned up and decontaminated by a licensed asbestos contractor.


Date: 4/4/16
municipality: []
Text:
  MassDEP issued a Demand for Stipulated Penalties to Jonathan T. White, d/b/a Classic Furniture Services, Inc., in Franklin. Due to noncompliance with the conditions of a previously-suspended Penalty as executed in May 2015. MassDEP has issued a demand for $5,453 in suspended penalties to White, who operates a furniture restoration company in Franklin. During an inspection in 2014, MassDEP determined that the facility had acted out-of-status, for which it had registered as a Small Quantity Generator of Hazardous Waste. Also, they had not submitted a complete 2013 Air Quality source registration report. Under the consent Order, White was to properly dispose of the hazardous waste, submit a revised source registration, and have the Office of Technical Assistance conduct an audit. White failed to submit the revised source registration form, even after being afforded new deadlines.  


Date: 4/1/16
municipality: ['Rockport']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving A & FG Co., Inc. for Waste Site Cleanup violations at 12 Summer Street Court in Rockport. A & FG Co., Inc is the owner and/or operator of the property at 12 Summer Street Court where specific violations were for failure to meet deadlines set out in a Notice of Noncompliance and Notice of Audit Findings. Today's Order requires a Phase Two report by 6/30/16 and a Phase Three Remedial Action Plan and a Phase Four Remedy Implementation Plan by 8/31/16, and either a Remedy Operation Status Report (which meets the requirements), or a Permanent Solution Statement (which meets the requirements) by no later than 6/30/17. In addition to the $30,000 Penalty, there is a stipulated penalty provision for any missed deadlines.


Date: 3/30/16
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Oak Hill Taunton Residents Association, Inc. for Water Pollution Control violations in Taunton. The Association is the owner of a mobile home park that is served by multiple sewage disposal systems where total flow at the property exceeds 15,000 gallons per day. Today's Order establishes timeframes for connection to the municipal sewer system or construction of a groundwater discharge facility.


Date: 3/29/16
municipality: ['Stow']
Text:
  MassDEP entered into a Consent Order with Villages at Stow Condominium Trust for Water Supply violations in Stow. The Villages at Stow Condominium Trust is the new operator of a public water supply serving the 96-unit condominium complex. Today's Order establishes an enforceable schedule for the Trust to complete necessary upgrades to the system and ensure compliance with Drinking Water Regulations.


Date: 3/29/16
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with NSTAR Gas Company d/b/a Eversource Energy, for Waste Site Cleanup violations in Worcester. Eversource Energy is the responsible party for the cleanup at a former manufactured gas plant at 40 Quinsigamond Avenue in Worcester. The property is undergoing redevelopment as a compressed natural gas facility and is part of a larger effort to invigorate formerly underutilized or abandoned urban areas of the city. During construction, conditions at the site were found to invalidate the conclusions of the company's previously submitted closure report under the Waste Site Cleanup regulations. The necessity of additional response actions to address environmental contamination prompted MassDEP to enter into negotiations with the company, resulting in today's Order. The company has agreed to established new deadlines for completion of assessment and cleanup in conjunction with the on-going property redevelopment.


Date: 3/29/16
municipality: ['West Boylston']
Text:
  MassDEP entered into a Consent Order with a $12,070 Penalty involving James and Julia Keller for Solid Waste violations in West Boylston. The Kellers were found to have violated solid waste management program at their residential property without a site assignment. Approximately 370 cubic yards of backfill commingled with bricks, broken concrete, drainage pipes, and plastic had been deposited within the back yard to 491 Prospect Street to raise the grade an average of four feet. The Kellers have agreed to remove and properly dispose of or recycle the fill and solid waste. Prior to removal, they will engage a wetland specialist to delineate the wetland and riverfront resource areas on the property and determine if wetland approvals are needed. The Kellers will restore the yard to its original condition. MassDEP assessed a penalty of $12,070 of which $9,070 will be suspended under MassDEP's Homeowner penalty mitigation policy.


Date: 3/24/16
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $1,500 Penalty involving Bialas Custom Interiors, Inc. for Air Quality and Hazardous Waste Management violations in Holyoke. Bialas Custom Interiors, Inc. has agreed to address the violations found during a MassDEP inspection on 7/7/15. MassDEP determined that the company failed to store organic compounds in a manner which would minimize evaporation, failed to notify MassDEP of its hazardous waste generation activity, and disposed of hazardous waste in a solid waste dumpster. Bialas Custom Interiors, Inc., a small business, will pay a $900 penalty, with an additional $600 suspended pending the company's compliance with the terms of the consent agreement.


Date: 3/23/16
municipality: ['Burlington', 'Woburn']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the city of Woburn for Water Pollution Control violations. The two sides previously entered into an Order on 8/10/09, and today's Amendment require additional actions to address infiltration and inflow into the city of Woburn sewer system, which have contributed to sanitary sewer overflows affecting Horn Pond in Woburn, and Vine Brook in Burlington.


Date: 3/21/16
municipality: ['Hancock']
Text:
  MassDEP entered into a Consent Order with Vacation Village in the Berkshires Owners Association, Inc. for Water Supply violations in Hancock. The Association has agreed to address its failure to conduct required water quality monitoring as required during 2015. The Association, a public water system, failed to monitor for volatile organic compounds and nitrates as scheduled and did not sample residences as required for lead and copper monitoring. Today's Order requires appropriate monitoring in 2016 and public notice.


Date: 3/17/16
municipality: ['Duxbury']
Text:
  MassDEP issued a Unilateral Order to S&G Associates and a $30,000 Penalty Assessment Notice for failing to complete cleanup response actions at 50 Railroad Avenue in Duxbury. S&G is located in Osterville, Massachusetts and owns the property in Duxbury. S&G failed to conduct comprehensive response actions required at the 50 Railroad Avenue, Duxbury. This failure was detailed in a Notice of Noncompliance that MassDEP issued to S&G in April 2015. The NON also established new deadlines for the completion of required comprehensive response actions. S&G failed to comply with the deadlines established in the NON. S&G also failed to comply with a February 2016 Notice of Enforcement Conference. Therefore, today's Penalty, along with the Order, require the completion of required comprehensive response actions that was issued to S&G.


Date: 3/15/16
municipality: ['Middlefield']
Text:
  MassDEP entered into a Consent Order with Beltane Hill LLC for Water Supply violations in Middlefield. Beltane Hill LLC is the owner and operator of Azure Green, a transient non-community public water system in Middlefield. Today's Order is to address required corrective actions that are necessary following confirmation of e.coli bacteria detection in Azure Green's water supply. Under today's Order, the LLC has agreed to a schedule for completing approved corrective actions or installation of 4-log (99.99%) treatment on its source water.


Date: 3/14/16
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with Village Greene Condominium Association for Waste Supply violations in Belchertown. The Village Greene Condominium Association has agreed to address repeated instances of excess total coliform bacteria, and its response to those incidents. Today's Order includes requirements for public notification and installation of a disinfection system on its (Well #7) distribution system.


Date: 3/14/16
municipality: ['Southampton']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Country Garden Apartments for Water Pollution Control violations in Southampton. Country Garden Apartments (CGA) is a 60-unit apartment complex with a septic system (Title 5) design flow of 12,870 gallons per day. The site is located in a Nitrogen Sensitive Area. The Order requires CGA to come into compliance with the regulations by obtaining a Groundwater Discharge Permit and constructing a wastewater treatment facility that will meet all the requirements in its permit. The full Penalty is suspended in its entirety provided CGA complies with the requirements of the Order.


Date: 3/14/16
municipality: ['Belchertown']
Text:
  MassDEP issued a Unilateral Order to Aquarius Water Company to address Water Supply violations in Belchertown. Aquarius Water Company is the owner and operator of the public water system at Sportshaven Mobile Home Park in Belchertown. Today's Order addresses multiple violations of Massachusetts Drinking Water Regulations as follows


Date: 3/14/16
municipality: ['Otis']
Text:
  MassDEP issued a Unilateral Order to Klondike Campground for Water Pollution Control violations in Otis. Klondike Campground has a large subsurface sewage disposal system (Title 5).  The design flow for Klondike Campground is 14,040 gallons per day. MassDEP previously issued a Notice of Noncompliance (NON) to the Campground to either submit a Title 5 inspection report or conduct a Title 5 Inspection if an inspection had not been completed.  The Campground failed to comply with the NON. Today's Order requires the Campground to conduct a Title 5 Inspection by 6/30/16 and submit the results within 30 days of the date of the inspection.  Klondike has also been advised of the penalty exposure for failure to comply with the requirements of the regulations, and today's Order.


Date: 3/8/16
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with James Triglia for Waste Site Cleanup violations in Quincy. Triglia is trustee of Jet Trust, which owns 15 Centre Street in Quincy. MassDEP had issued Jet Trust a failure to comply with a Notice of Noncompliance. Today's Order requires the submittal of phase two and three (remedial plan alternatives and selection) by 8/31/16, and a phase four report (implementation) by 11/30/16. A closure statement is due by 9/29/17. The site has been in the system since late the 1980s and this enforcement action will lead to the cleanup of a release of gasoline at the site.


Date: 3/2/16
municipality: ['Wilmington']
Text:
  MassDEP entered into a Consent Order with a $59,515 Penalty involving Benevento Asphalt Corp for Air Quality violations in Wilmington. Benevento conducted required compliance emissions testing of their asphalt manufacturing plant, located at 900 Salem Street in Wilmington. Test results indicated it had failed to meet its emission limits for nitrogen oxides (NOx) and carbon monoxide (CO). Benevento created a condition of air pollution, specifically a significant dust nuisance condition in the area and neighborhood adjacent to the Benevento Facility. Benevento then compounded its violations by installing, modifying and operating equipment at its asphalt batching plant prior to obtaining an air quality plan approval from MassDEP Under today's Order, Benevento will pay $25,500 of the Penalty, with $34,015 suspended provided compliance with the terms of the Order. Those terms include, Benevento is required to submit a plan application for the unapproved asphalt manufacturing equipment, implement a dust control plan, and conduct a new compliance emissions test prior within sixty days of MassDEP's issuance of the air plan approval. Benevento must also pay two times the permit application fee of $2,370.  


Date: 3/2/16
municipality: ['Boston']
Text:
  MassDEP entered into an Amendment to a Consent Order with Daryl Holloway, trustee of Blue Hill Avenue II Realty Trust, for Waste Site Cleanup violations at 1366 Blue Hill Avenue in (Mattapan) Boston. The Trust is the owner of the property and today's Amendment requires a phase two (remedial alternatives) report by 6/30/16, a phase three and a four (cleanup) by 9/30/16, and either a Remedy Operation Status report which meets the requirements or a Permanent Solution statement which meets the requirements by 1/30/17. Today's Order also requires payment of $800 of a previously-suspended Penalty.


Date: 3/2/16
municipality: ['Dedham', 'Lynnfield']
Text:
  MassDEP was notified of a decision in Essex Superior Court involving Commonwealth v. Harder. Judge John T. Lu sentenced David Harder of Lynnfield to sixty (60) days in the House of Correction for violating his probation, which had been imposed as a result of a 2012 case.  In 2012, Harder pleaded guilty to 17 criminal indictments including failure to notify of Asbestos removal, improper work procedures, illegal storage of waste, failure to pay into the unemployment fund, and false claims. Specific charges included illegal asbestos removal work performed at multiple sites including schools, a library, and a fire station.The case was investigated by the Environmental Strike Force,  and other MassDEP staff. In 2012, Harder was sentenced to 30 days in the House of Correction, with three years of probation upon his release. Under the terms of his probation, Harder was barred from working in the environmental remediation business, including the Asbestos abatement business, whether independently or for any company engaged in environmental remediation. In May 2015, MassDEP discovered that Harder had been working on an asbestos abatement project in Dedham on behalf an Asbestos abatement company. MassDEP informed the Attorney General's Office (AGO) of the 2015 violations and worked with AGO investigators and attorneys. MassDEP testified in Court regarding the 2015 violations, during the probation hearing held by the Court.


Date: 3/1/16
municipality: ['Halifax', 'Middleborough']
Text:
  MassDEP issued a Unilateral Order to A-Plus Waste and Recycling Services, LLC for Solid Waste violations in Middleborough. In response to an on-going noncompliance matter at the site, MassDEP issued today's Order and revoked the General Permit for Composting and effective immediately requiring that they cease and desist accepting any compostable materials. The Order requires A-Plus to continue to monitor thermal temperature of the windrows to prevent combustion and implement all measures necessary to abate, mitigate or eliminate public nuisances. [On 3/4/16, 3/8/16, and 3/18/16, MassDEP detected odors in the neighborhood located in the vicinity of the compost site. MassDEP finds that A-Plus "...caused an un-permitted discharge of pollutants to air and created a public nuisance."] Over the last two months, MassDEP has received more than 100 complaints from residents in Middleborough and Halifax regarding odors from A-Plus. Previously, on 1/19/16, in a Consent Order with Penalty with A-Plus, the facility was required to reduce the size of existing compost windrows within 30 days and cease the acceptance of additional organic material if the size reduction could not be achieved within this compliance deadline. MassDEP inspected the operation on 2/22 and 2/23 and determined that the windrow sizes had not been reduced to the extent required. On 2/24 a Notice of Violation required the acceptance of organic material at the compost site. MassDEP issued a 2nd Notice of Violation on 2/29 in response to re-inspection that determined that one windrow size had not been reduced to the extent required.


Date: 3/1/16
municipality: []
Text:
  MassDEP during the month of March issued 52 Notices of Noncompliance as part of Underground Storage Tank (UST) Enforcement.  These UST facility owner/operators have failed to have UST third-party inspections completed by their respective due dates through 1/31/16. The agency gave the offenders 45 days to return to compliance. MassDEP also issued Reporting Penalty Assessment Notices (RPANs) to another 21 UST facility owner/operators for failing to respond to their initial NONs. Those failing to respond will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 3/1/16
municipality: ['Becket']
Text:
  MassDEP entered into an Amendment to a Consent Order with Mountain Grove Association for Water Supply violations in Becket. Mountain Grove Association, based on the results of an investigation of a MCL violation for bacteria at this public water system, is required to submit, or document, in a report and, modify the disinfection requirements.


Date: 2/29/16
municipality: []
Text:
  MassDEP issued 73 Notices of Noncompliance during the month of February for Underground Storage Tank violations. These 73 underground storage tank (UST) facility owner/operators failed to have UST third-party inspections completed by their respective due dates. The agency gave the offenders 30 days to return to compliance. Those of these operators that fail to do so, will be subject to additional enforcement measures, including financial penalties. The facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 2/29/16
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $6,612 Penalty involving the town of Hardwick for Water Pollution Control violations in Hardwick in connection with permit violations at the Wheelwright Water Pollution Control Facility (WPCF). The Order addresses staffing violations at both of the town's facilities (Wheelwright and Gilbertville). The Order requires the town to evaluate the Wheelwright facility and propose a solution and schedule to correct the violations. The Order also requires the town to staff the facilities with two full-time operators and conduct a staffing analysis to determine whether additional staff members are needed and whether staff duties will include the sewer collection system. The Penalty is suspended in its entirety provided the town complies with the requirements of today's Order.


Date: 2/29/16
municipality: []
Text:
  MassDEP entered into a Consent Orders with Penalties pertaining to Rideshare Regulation Enforcement during the first two months of 2016. The parties include


Date: 2/29/16
municipality: []
Text:
  MassDEP issued 20 Notices of Noncompliance during the month of February for Waste Ban Enforcement. The 20 entities include retail stores, restaurants, hospitals and apartment complexes. These entities disposed, or transferred for disposal, various materials subject to the waste disposal bans, including wood and construction debris, cardboard, and other recyclable materials and/or yard wastes. The violators were given 30 days to provide MassDEP with written descriptions of each action taken to correct the violations cited in their NONs, including status reports on their efforts to achieve and/or maintain compliance with the waste ban regulations. More information


Date: 2/26/16
municipality: ['Granby']
Text:
  MassDEP concluded Amendments to an existing Consent Order with International EC, LLC, owner of the MacDuffie School a community water system in Granby.  The two (2) Amendments were to address a new source at the school and a new deadline for its use, as well as, associated lead-and-copper monitoring for the new source and treatment if necessary. In addition these Amendments address compliance with 2 sufficient groundwater sources or two days storage capacity, tank inspections and water meter installations with new deadlines.  


Date: 2/25/16
municipality: ['Essex']
Text:
  MassDEP entered into a Consent Order with a $15,860 Penalty involving Amy Woods for Wetlands Protection Act violations at 14-16 Lufkin Point Lane in Essex.  Woods received two Superseding Orders of Conditions (SOC) in June 2015, allowing for the demolition of existing structures and construction of single-family homes on the two properties. MassDEP received a complaint that construction on projects was taking place in non-compliance with the SOCs. Upon inspection, MassDEP confirmed that the work was in non-compliance with multiple conditions of the SOCs, and that this resulted in unauthorized alteration of resource areas


Date: 2/24/16
municipality: ['Middleborough']
Text:
  MassDEP issued a Notice of Violation of an existing Consent Order to A-Plus Waste and Recycling Services, LLC for violations in Middleborough. This facility is a compost operation located at 88 River Street in Middleborough. On 1/19/16, MassDEP entered into a Consent Order that required the compost operation to reduce the size of existing compost windrows within 30 days and cease the acceptance of additional organic material if the size reduction could not be achieved within this compliance deadline. Yet, on 2/22 and 2/23, when MassDEP inspected the operation, it was determined that the windrow sizes had not been reduced to the extent required. Today's Notice of Violation requires the cessation of acceptance of organic material at the compost site.   


Date: 2/22/16
municipality: ['Boston']
Text:
  MassDEP entered into an Administrative Consent Order with an $8,630 Penalty involving Massall, LLC for Waste Site Cleanup violations at 84 Willow Court in Boston (Dorchester). Massall failed to meet the requirements because MassDEP was not notified of contaminated soil on the property within 120 days as required. The release notification states that Massall had knowledge of the release on 6/17/13 and notified MassDEP of lead and polycyclic aromatic hydrocarbons in soil on 3/30/15. Massall LLC will pay  $4,200 of the Penalty and MassDEP has agreed to suspend the remaining $4,430. Massall LLC plans to construct six residential units on the property.


Date: 2/22/16
municipality: []
Text:
  MassDEP conducted outreach to local Boards of Health on Forthcoming New Drinking Water Regulations on the Revised Total Coliform Rule (RTCR). MassDEP distributed a letter to local Boards of Health with seasonal public water systems (PWSs) in their municipalities informing them of these new revised total coliform rules that takes effect 4/1/16. The letter and supplemental materials provide information about the start-up and certification procedures that seasonal PWSs are required to perform in order to stay in compliance with state regulations. MassDEP wants Boards of Health to be aware of these requirements since they may also regulate the seasonal PWS start-up procedures. RTCR information is available online at


Date: 2/18/16
municipality: ['Russell']
Text:
  MassDEP issued a Unilateral Order to the town of Russell's Board of Water Commissioners for a Water Emergency in Russell. The Declaration of Water Emergency and Boil Water Order pertains to a frozen main at a bridge crossing resulted in a loss of water to several customers. The Order addresses the emergency and the provision of alternate water supply, as well as boil-water requirements (to the limited services affected in the Woronoco area). The actions are taken as a precautionary measure to cover the water system until such time as they return to normal service.


Date: 2/17/16
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with the Massachusetts Department of Transportation for violations of the Wetlands Protection Act on property in the Route 128 right-of-way adjacent to 12 Neptune Place in Gloucester. MassDEP staff - while travelling to another inspection elsewhere - observed that recently there had been an excavation and removal of vegetation within an intermittent stream channel here, within a Bordering Vegetated Wetland (BVW) at this site. This was done with no observable erosion controls in place and the area had been left unstable. Upon later investigation, it was determined that it was MassDOT that was in the process of performing drainage maintenance work within 175 linear feet of a partially vegetated channel, and that this resulted in alteration of approximately 50 linear feet of Bank and up to 2,500 square feet of BVW. The work was performed to address a flooding issue on an abutting residential property. Although MassDOT has requested emergency authorization for the work from the Gloucester Conservation Commission a few months prior, the work was conducted without receiving an Emergency Certification. MassDOT initially performed temporary stabilization of the area with verbal direction from MassDEP. Under today's Order MassDOT is required to do the final stabilization and restoration planting of the site with monitoring and reporting. MassDOT will pay $5,000 of the Penalty, with the remaining $5,000 suspended upon compliance.  2/12/16


Date: 2/12/16
municipality: []
Text:
  MassDEP issued a Unilateral Order to Three Rivers Fire District in Palmer to address water supply violations involving corrosion control treatment for copper and the District's failure to complete certain actions in timely manner following this incident. Requirements include removing a source without treatment from use, repair of corrosion control system pump, completing required actions (which PWS had begun) and completing public notice.


Date: 2/12/16
municipality: ['Granby']
Text:
  MassDEP issued a Unilateral Order to Greg Everson d/b/a Granby Septic for Water Pollution Control violations in Granby. The Order to Greg Everson d/b/a Granby Septic, directs him to remove a tank installed in the ground and used by Granby Septic for the temporary holding of septage at 59 Crescent Street, Granby. This tank is in noncompliance with 310 CMR 15.504(2) of Title 5 regulations.  


Date: 2/12/16
municipality: ['Granby']
Text:
  MassDEP issued a Unilateral Order to Justin and Sabrina Obremski for Water Pollution Control violations in Granby. Justin and Sabrina Obremski are the owners of the property at 59 Crescent Street, Granby where MassDEP has directed for the removal of a tank installed in the ground, and the holding of septage in noncompliance with 310 CMR 15.504(2) of Title 5 regulations.  


Date: 2/10/16
municipality: []
Text:
  MassDEP executed a Consent Order with a $14,380 Penalty involving Windover Elm Street Properties, LLC, for Waste Site Cleanup violations in Manchester by the Sea. Specifically, the violations pertain to the failure to submit a Release Abatement Measures plan, prior to conducting response actions and failure to notify MassDEP of an earlier release. This release constituted a 2-hour notification that could pose an Imminent Hazard Condition. Windover Elm Street Properties, LLC will pay $4,500 of the Penalty with the remainder, $9,880, suspended pending the company's compliance.


Date: 2/10/16
municipality: ['Tolland']
Text:
  MassDEP entered into a Consent Order with Ronald Messenger d/b/a Twin Brook Camping Area for Water Supply violations in Tolland.  Twin Brook Camping Area must address compliance with Ground Water Rule, and this requires the completion of corrective actions or installing 4-log treatment of viruses (99.99%) following the detection of e.coli bacteria in one of the public water system sources.


Date: 2/9/16
municipality: ['Carlisle']
Text:
  MassDEP issued a Tier 1 Public Notice to Gleason Public Library, 66 Westford St., Carlisle. The Tier 1 public notice was in response to nitrate levels exceeding the maximum contaminant level. Since this may pose an unacceptable risk to consumers, specifically infants under 6 months of age, this facility will be required to post public notice. The respondent has agreed to post signs stating the required information per the EPA guidelines and will disconnect the drinking water fountains. The respondent has also been instructed to identify potential causes of the elevated nitrate as well as look into treatment options.


Date: 2/5/16
municipality: ['Malden']
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office that a joint motion had been filed in Suffolk Superior Court in the case involving Mattuchio Construction Co. for violations at the Battye Site in Methuen. The motion is to approve a consent judgment that was entered in and allowed by Suffolk Superior Court Judge Ames for Mattuchio, an excavation and construction business based in Malden. They will pay $72,000 to settle claims by the AGO and MassDEP that Mattuchio illegally dumped multiple loads of construction and demolition waste at an un-permitted site in Methuen (the Battye Site). The total payment of $72,000 includes a $67,000 payment in installments into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site, with $7,000 of that waived if payments are made timely; along with a $5,000 civil penalty. The settlement also prohibits Mattuchio from unlawfully handling, storing or disposing of construction and demolition waste or other solid waste. This Consent Judgment arises from an enforcement case developed by MassDEP's Solid Waste, Asbestos and Wetlands and Office of General Counsel.


Date: 2/5/16
municipality: ['Granby']
Text:
  MassDEP issued a Unilateral Order to Granby Junior and Senior High and East Meadow Schools for Water Supply violations in Granby. These Orders are to address a failure of its corrosion-control treatment, failure to submit associated reports, failure to complete required monitoring in 2015 (missing monitoring included lead and copper, bacteria and volatile organic compounds) and the lack of operator coverage for a portion of 2015. Response requirements included follow-up actions due to the incidents of elevated lead, which reached the 'action level'.  Further requirements include public notice and public education, monitoring for volatile organic compounds, and routine monitoring for bacteria, monitoring on a weekly basis at selected sites for lead and copper, submittal of weekly reports on treatment operation and obtaining the required operator coverage with approval of MassDEP. The requirements also include the collection of the next rounds of required 20 samples twice in 2016.


Date: 2/3/16
municipality: ['Avon']
Text:
  MassDEP entered into a Consent Order with Bodwell Street Trust in for Waste Site Cleanup violations in Avon.  The violations of the Massachusetts Contingency Plan requires the Trust to correct the violations as has already been identified by a permanent solution statement with conditions filed with the MassDEP on 12/23/2014.


Date: 2/3/16
municipality: ['North Attleborough']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving North Attleborough for Water Pollution Control violations, specifically, the illegal discharge of sewage onto the ground surface at the North Attleborough wastewater treatment plant. Today's Order ensures future compliance with the surface water discharge regulations and the operation and maintenance and pretreatment standards for wastewater treatment works and indirect discharges. The town will pay $1,653 within 30 days, and the town will also complete a Supplemental Environmental Project (SEP). Under the SEP, the town will purchase a portable containment tank suitable for the temporary storage of wastewater and applicable appurtenances including the equipment necessary to appropriately drain the tank as well as engage the services of a contractor to develop and implement spill prevention and control training. The value of the SEP shall be $4,957 at a minimum. If the SEP totals less than $4,957, the remaining balance shall be paid to the Commonwealth.


Date: 2/2/16
municipality: ['Holyoke', 'Westfield']
Text:
  MassDEP entered into a Consent Order with a $3,880 Penalty involving Western Mass Demolition Corporation for Air Quality violations at a job site in Holyoke. Western Mass Demolition, of Westfield, was operating under a MassDEP-issued non-traditional Asbestos abatement work practice permit when the violations were observed. Western Mass Demolition Corporation violated the permit by causing a condition which contributed to air pollution during demolition operations at 30 John Street in Holyoke. Western Mass Demolition Corporation initiated corrective actions once informed of the violations that had been observed. Western Mass Demolition Corporation will pay $1,000 of the Penalty with an additional $2,880 suspended pending compliance with the terms of the settlement agreement.


Date: 2/2/16
municipality: []
Text:
  MassDEP issued a Notice of Noncompliance to Carver Middle High School Stoughton. The public water system failed to perform follow up actions associated with having triggered 'action level' requirements under the Lead & Copper Rule (LCR). The NON requires immediate notification to customers (students, staff and parents) of the sampling results, delivery of public education materials, public notification, water quality parameter sampling and corrosion control treatment optimization. As a precaution, the school is voluntarily providing bottled water to students and staff and has removed the sample sites with lead from service.


Date: 2/2/16
municipality: ['Plympton']
Text:
  MassDEP issued a Notice of Noncompliance to the Dennett Elementary School in Plympton. The Dennett Elementary School failed to perform follow up actions associated with instances in which the 'action level' had been met under the Lead & Copper Rule (LCR). Today's NON requires delivery of public education materials, water quality parameter sampling and evaluating the installation of corrosion control treatment. Because of prior elevated levels of manganese, the school has already been voluntarily providing bottled water to students and staff and will continue to do so.


Date: 2/1/16
municipality: ['Belchertown']
Text:
  MassDEP issued a $250 Penalty Assessment Notice to Nicholas Southwick-Hall for Air Quality violations in Belchertown. Southwick-Hall was issued the Penalty relative to an illegal bonfire at his residence. The bonfire required two dispatches from the Belchertown Fire Department and was largely fueled by furniture and demolition wood.


Date: 1/29/16
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with a $9,400 Penalty involving Denis LaFleur for Wetlands Protection Act violations in Granby. LaFleur - d/b/a Happy Days Family Fun Spot - has agreed under today's Order to address the violations which the result of the alteration of approximately 4,200 square feet of bordering vegetated wetlands. The location where this occurred offers a 'driving range' a 'mini-golf' and refreshments/comestibles. LaFleur will pay $2,400 and $7,000 is suspended provided LaFleur retains a wetlands consultant and provides the mitigation required by today's Order.


Date: 1/29/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty involving Vincent Nocito for Waste Site Cleanup violations at 443 Washington Street in Boston (Dorchester). Specifically, Nocito failed to submit a tier classification and the requisite phase one assessment report for the cleanup of this property within the applicable timeframe set forth in the regulations. Under today's Order, Nocito has agreed to submit the phase one, and tier classification, and to perform other response actions in accordance with a schedule. Nocito agreed to pay the Penalty in the amount $7,000, but the need to conduct additional response actions led MassDEP to suspend the payment in its entirety, provided the respondent does not violate any provision of today's Order.


Date: 1/26/16
municipality: ['Adams']
Text:
  MassDEP entered into a Consent Order with Adams Fire District for Water Supply violations in Adams. Adams Fire District must address repeated instances in which the maximum contaminant level for total coliform was exceeded within its public water system. Today's Order includes response actions, including disinfection, should multiple detections of total coliform occur within the next twelve months.


Date: 1/25/16
municipality: ['Chelsea', 'Peabody']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving Eastern Avenue Holdings LLC, for Waste Site Cleanup violations. Eastern Avenue Holdings is the owner of the property at 2 Fifth Street in Peabody. Specifically, violations were for removal of remediation waste from Bellingham Street in Chelsea and dumping, stockpiling and spreading of the remediation at 2 Fifth Street in Peabody in violation of existing Waste Site Cleanup regulations. Today's Order requires a permanent solution statement for the clean-up of 2 Fifth Street in Peabody and the investigation of the Bellingham Street in Chelsea site. Today's Order contains a $17,250 penalty with $2,500 payable and $14,750 suspended and a stipulated penalty provision for any missed deadlines.


Date: 1/25/16
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $51,937.50 Penalty involving MLC Worcester LLC for Asbestos violations in Worcester.  Violations occurred during renovation of a multi-family residence in Worcester. Under the terms of the settlement, MLC Worcester LLC will pay $10,000 with the remaining $41,937.50 suspended provided the company has no further violations for one year. The violations were initially discovered during a January 2014 inspection by MassDEP staff members who were following up on a complaint of an improper removal. MassDEP found pieces of Asbestos-pipe insulation in a pile of demolition/renovation debris in the yard of the property and also lying uncontained on the basement floor. MassDEP required MLC Worcester LLC to retain a DLS licensed asbestos contractor to properly package and dispose of the pile as asbestos containing waste material and to clean and decontaminate the basement.


Date: 1/25/16
municipality: ['Williamsburg']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving TLB Inc. with Air Quality violations in Williamsburg. TLB, Inc. is a Michigan based company that manufactures and sells outdoor hydronic heater. The violations were identified during a MassDEP inspection of CRD Metalworks, LLC, where MassDEP ascertained that the facility had installed and operated an uncertified outdoor hydronic heater. The uncertified outdoor hydronic heater was sold to CRD Metalworks by TLB, Inc. As part of the settlement agreement, TLB, Inc. will pay a penalty of $3,000. An additional $2,750 will be suspended pending the company's compliance with the terms of the agreement.


Date: 1/22/16
municipality: ['Sudbury']
Text:
  MassDEP, working with the Massachusetts Attorney General's Office, were successful in obtaining a Consent Judgment with a $50,000 Penalty involving Sudbury Pines Extended Care for Wastewater Treatment violations in Sudbury. The case involved the Henderson House of Sudbury Realty Trust and Sudbury Pines Extended Care Facility, Inc., and Henderson Houses of America, Inc. - collectively referred to as "Sudbury Pines". The violations were at Sudbury Pines Extended Care facility, a nursing home and children's day care, located in Sudbury. MassDEP and Sudbury Pines entered into a Consent Order back in May 2011 that required Sudbury Pines to construct a new wastewater treatment plant by June 2013. Sudbury Pines has violated that Order by not constructing the wastewater treatment plant. Continued operation of the facility's existing and illegal septic systems has resulted in the discharge of pollutants into the waters of the Commonwealth, leading to MassDEP issuing a Unilateral Order against Sudbury Pines in January 2014. Today's Consent Judgment requires Sudbury Pines to obtain written approval of the final system design plan on or before 3/1/16 and to commence construction of the approved wastewater treatment plant on or before 5/1/16, and to complete construction of the plant by 12/1/16, and the construction of an additional soil absorption system capacity by 12/31/16. Sudbury Pines is also required to pay a $50,000 penalty.


Date: 1/20/16
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $5,692 Penalty involving L&L Property Services, LLC for Waste Site Cleanup violations in Wilbraham. L&


Date: 1/15/16
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $13,945 Penalty involving ExxonMobil Oil Corporation for Waste Site Cleanup violations at 735 Washington Street in Boston (Dorchester). ExxonMobil as a potentially responsible party for the property was in violation for the application of remedial additives without MassDEP's approval. The company failed to conduct downgradient monitoring, in violation of the applicable regulations. Today's Order requires payment of $10,000 and $3,945 suspended and a stipulated penalty provision for any missed deadlines.


Date: 1/15/16
municipality: []
Text:
  MassDEP issued 14 Notices of Noncompliance to various entities for Waste Ban violations. These entities - including retail stores, restaurants, hospitals, waste haulers and other companies - had been found to violate the waste ban for disposing or transferring for disposal various materials subject to waste disposal bans. Among the items banned from disposal at landfills/incinerators including wood and construction debris, cardboard, and other recyclable materials and/or yard wastes. The violators were given 30 days to provide MassDEP with written descriptions of each action taken to correct the violations. The actions they must take include status reports on these efforts to achieve and/or maintain compliance with the waste ban regulations. More information


Date: 1/15/16
municipality: []
Text:
  MassDEP issued 96 Notices of Noncompliance for Underground Storage Tank (UST) violations. The entities are UST-facility owner/operators, who have failed to have UST third-party inspections completed by their respective due dates through 10/31/15. The agency this month gave the offenders 45 days to return to compliance. Those owners/operators who fail to do so will be subject to additional enforcement measures which include financial penalties. UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency and provide advice to their clients about compliance issues, but are not authorized to enforce laws and regulations. More information


Date: 1/13/16
municipality: ['Dartmouth']
Text:
  MassDEP issued a Unilateral Order to King Fisher Company for Solid Waste violations in Dartmouth. Today's Cease Order was issued King Fisher Corp. for their accepting solid waste at this site without valid site assignment and  handling the solid waste and creating an unacceptable area of solid waste. Today's Order requires that King Fisher immediately cease accepting solid waste, implement measures to prevent emissions of offensive odors and/or nuisance conditions, discharges of pollutants to the environment and within 30 days, submit a plan to MassDEP detailing proper management of solid waste at the site.  King Fisher Corp., a private agricultural operation, is located in Dartmouth and holds an Agricultural Composting Registration with the Department of Agricultural Resources for composting operation. The registration will expire on 3/31/16.


Date: 1/12/16
municipality: ['Hardwick']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Hardwick Elementary School for Water Supply violations in Hardwick. The Amendment will address October and November 2015 instances of total coliform rule violations. The investigation of the violations resulted in the discovery of issues related to the system's storage tank, which were addressed by the school. As a result of those actions, existing requirements in the existing Order required today's amendment.


Date: 1/6/16
municipality: ['Hamilton']
Text:
  MassDEP issued a Tier 1 Public Notice for Water Supply violations in Hamilton Water Department. MassDEP required the Tier 1 public notice in accordance with the Ground Water Rule. E. coli was detected in the raw (untreated) water from the town of Hamilton's School Street Well in a sample collected on 1/4/16. Correspondent bacteria was not detected - present - in the treated well water. Although the well is chlorinated, MassDEP has not certified the well as having sufficient chlorination and contact time to achieve 4-log treatment (99.99% free) of viruses, so the Ground Water Rule was triggered.  The town was required to issue Public Notice within 24 hours of receiving the sample result, and had to collect five additional samples of the raw well water. The well is not used much by the town during the winter. The well was turned on briefly on 1/4/16 to collect samples of the raw and treated water. MassDEP did not require the Tier 1 public notice to be a Boil Water Order, because of the brief use of the well, the shutdown of the well immediately following sample collection, and the provision of chlorination during the use of the well.  If E. coli is detected in any of the five additional samples, the town will have to either identify/correct any deficiencies that caused the bacterial contamination, or improve treatment so that it achieves MassDEP certification for 4-log (99.99%) virus inactivation.


Date: 1/5/16
municipality: ['Wrentham']
Text:
  MassDEP entered into a Consent Order with a $6,616 Penalty involving Aggregate Industries Northeast Region for Air Quality and Hazardous Waste Management violations in Wrentham. MassDEP inspected the facility and found during its review that the equipment and management/operational processes were out of compliance and needed to be addressed to improve control of fugitive dust.  The company has taken steps to bring the facility back into compliance.  The company will also pay the $6,616 Penalty in full.


Date: 6/30/17
municipality: ['Boston', 'Buckland', 'Northfield']
Text:
  MassDEP issued $30,000 Stipulated Penalty Demand Letters to Pan Am and Boston & Maine Railroad in Northfield and Buckland for failure to comply with an existing Order. These Demands stemmed from a 6/13/17 fire involving a large rail tie pile in Northfield and, separately, a complaint from the Board of Health in Buckland relative to a large tie pile located close to residences and a trolley museum. In both instances the tie piles were not managed in accordance with the terms of the Order.


Date: 6/30/17
municipality: []
Text:
  MassDEP's Underground Storage Tank (UST) Enforcement program issued Notices of Noncompliance to 18 UST facility owner/operators for failing to have UST third-party inspections performed; an additional 6 NONs for failing to submit UST third-party inspection Return to Compliance Reports; and, 53 other NONs for failing to complete Compliance Completion reports by their respective due dates through 5/31/17. The agency gave the offenders 45 days to return to compliance. Those that fail to do so will be subject to additional enforcement measures, including financial penalties. More information


Date: 6/30/17
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $6,904 Penalty involving Amerco Real Estate Company for Waste Site Cleanup violations in Taunton. The respondent failed to comply with the notification requirements that form the Waste Site Cleanup regulations. On 11/9/15, Amerco Real Estate Company engaged an environmental contractor to remove a 2,000 gallon  Underground Storage Tank (UST) of fuel oil. During the removal of the UST, a release condition (that met the definition of a release requiring 72-hour notification) was discovered. Amerco Real Estate Company, however, did not notify MassDEP of the release condition until 1/20/16.


Date: 6/29/17
municipality: ['East Bridgewater']
Text:
  MassDEP issued a Unilateral Order and $31,000 Penalty Assessment Notice to Richard and Harriet Sasso for Waste Site Cleanup violations at 604 Bedford Street in East Bridgewater. The respondents failed to comply with the requirements for conducting comprehensive response actions. The Sassos own a commercial property in East Bridgewater that was formerly a gas station from which there has been a release of oil. The Sassos did not respond to a Notice of Noncompliance and a Notice of Enforcement Conference. Today's Order requires completion of response actions at the site.  


Date: 6/28/17
municipality: ['Essex']
Text:
  MassDEP entered into a Consent Order with a $10,312 Penalty involving Amy Woods for Wetlands Protection Act violations at 14 and 16 Lufkin Point Lane in Essex. The violations were discovered through review of monitoring reports submitted to MassDEP pursuant to a previous Order for similar violations on the same property in February of 2016. The violations contained in this Order include non-compliance with provisions of two Superseding Orders of Conditions, and unauthorized alteration of approximately 965 square feet of Riverfront Area. This Order requires replication of the altered area, in addition to the restoration required under the original Order. Full compliance with the SOC, and monitoring and reporting are also required. The respondent will pay $5,000 of the Penalty and $5,312.50 will be suspended once compliance is determined and a return to compliance letter is issued.


Date: 6/28/17
municipality: ['Wales']
Text:
  MassDEP entered into a Consent Order with Norcross Wildlife Sanctuary in Wales regarding its public water system compliance. They are owners of the public water system serving the visitor's center and a greenhouse at the sanctuary. The ACO addresses monitoring, operator, maintenance and use of an existing source.


Date: 6/28/17
municipality: ['Acton']
Text:
  MassDEP entered into a Consent Order with a $9,808 Penalty involving WhiteWater, Inc. for violating the Wastewater Treatment Operation regulations at the Nagog wastewater treatment facility in Acton. WhiteWater, Inc. through a contract with Nagog Treatment Facility LLC oversees operations at the Nagog plant to ensure compliance with the plant's Groundwater Discharge permit. The permit requires 24-hour composite effluent sampling. During a routine inspection, MassDEP found that the WhiteWater Inc. operator was regularly collecting grab samples and the submitting discharge monitoring reports indicating that they were conducting composite sampling. The operator also did not have a composite sampler on site to perform the sampling. WhiteWater Inc. was cited for not providing adequate equipment and supplies and for making false, inaccurate, incomplete or misleading statements in its submittal to MassDEP. In addition to the Penalty, today's Order requires WhiteWater, Inc. to ensure not only that a composite sampler is at this facility, but they will submit a plan to ensure composite samplers are at all facilities in Massachusetts under contract with WhiteWater, Inc.   


Date: 6/28/17
municipality: ['Amherst', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Gagliarducci Construction, Inc. for Asbestos violations in Amherst. Gagliarducci Construction, based in Springfield, violated the MassDEP regulations by causing conditions which posed a potential threat to human health, safety and welfare or to the environment during asbestos abatement activities at UMass/Amherst. On 7/20/16, MassDEP staff conducted a pre-permitting visit at the site. Upon arrival, MassDEP observed friable asbestos debris on the surface soils from site work activities performed on 7/19/16 by Gagliarducci Construction at the Life Science Laboratory parking lot expansion project. Gagliarducci Construction agreed to pay the Penalty as part of the settlement agreement.


Date: 6/28/17
municipality: ['Southampton']
Text:
  MassDEP entered into a Consent Order with David Johndrow for Wetlands Protection Act violations in Southampton. The violations stemmed from the alteration of wetlands during the construction of Johndrow's personal residence and yard. In addition to on-site restoration of resource areas, Johndrow will provide off-site mitigation for buffer zone impacts in the form an invasive species removal at a town owned conservation area. A penalty in the amount of $16,355 was assessed, $3,000 of which is to be paid and the balance paid suspended provided the mitigation and restoration are completed.


Date: 6/28/17
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the Boston Road Mobile Home Park Tenants Association to address violations of the Clean Water Act in Springfield. The violations resulted from the failure to properly maintain the sewer system at the Boston Road Mobile Home Park. A blockage in the collection system at the park resulted in a discharge to the ground from an overflowing manhole. An investigation of the event revealed a lack of maintenance and operational provisions to ensure the proper operation of the sewer system at the park. The Penalty was suspended in its entirety provided that the Tenant's Association develops an Operation & Maintenance Plan.  


Date: 6/26/17
municipality: ['Oxford']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving the Trustees of the Oxford Sutton Mass Condominium Trust in Oxford for Groundwater Discharge violations. The Trust failed to comply with an Order issued in 2015 for Groundwater Discharge permit violations. The original Order required the Trust to submit an evaluation report of address improvements and upgrades to the wastewater treatment facility by 1/13/16. The Trust exceeded effluent limitations during the spring of 2016 but did not submit the evaluation until 11/4/16. The Order includes a schedule for making improvements to the facility in accordance with the evaluation report, developing a tenant education program to prevent the discharge of contaminants to the sewer system to avoid adverse impacts to the facility and developing an influent sampling plan, as well as revising its operation and maintenance manual.


Date: 6/26/17
municipality: ['Deerfield']
Text:
  MassDEP issued a Unilateral Order to Pan Am Southern LLC and a $1,000 Penalty Assessment Notice to address noncompliance with Massachusetts Drinking Water Regulations for its community public water supply system it owns in Deerfield. The noncompliance included operator coverage, maintenance of an available emergency response plan and completion of an asset management plan and/or a capital improvement plan for the public water system. Today's Order requires corrective actions and includes deadlines.  


Date: 6/26/17
municipality: ['Holland']
Text:
  MassDEP issued a Unilateral Boil Water Order to Dentamaro, Inc. in Holland. The respondent needs to take action to address e coli contamination at restaurant, the Diane's Villa Nova, which operates a public water system. Today's  Order requires Dentamaro, Inc. to provide notice to its customers regarding the event, notice to use boiled water, to implement its emergency response plan, to investigate the problem and to correct it.


Date: 6/23/17
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Amir Aminpour for Waste Site Cleanup violations at 830-846 Blue Hill Avenue in (Dorchester) Boston. Aminpour is the owner of the property, which is a strip of commercial rental units. Specifically, the Waste Site Cleanup violations were the failure to submit the required numerical ranking of the environmental contamination, or tier classification of this site by the one-year deadline. Aminpour failed to meet deadlines that had been brought to his attention by MassDEP's Notice of Noncompliance. Today's Order requires the respondent to pay $4,000 with $26,000 suspended pending compliance. There is a stipulated penalty provision for any missed deadline.


Date: 6/22/17
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $7,610 Penalty involving East Concord Street LP for Waste Site Cleanup violations at 1640 Washington Street in Boston. The property is residential.  In April of 2010 MassDEP received a report of trichloroethylene and tetrachloroethylene (solvents) in groundwater above reportable concentrations. Specifically, the waste site cleanup violations were for performing comprehensive response actions (cleanup) without a tier classification. The respondent will pay $2,000 and $5,610 of the Penalty will be suspended pending compliance.


Date: 6/22/17
municipality: ['Lanesborough']
Text:
  MassDEP issued a Unilateral Boil Water Order to the town of Lanesborough to address source water contamination (fecal indicator detection) at the Berkshire Spring, a public water system source it owns. This system serves as the community public water system for Berkshire Village Cooperative. The Order requires the town to provide notice to the user (Berkshire Village Cooperative) to issue the Boil Water notice, to implement its Emergency Response Plan, to investigate the condition of the source, and to complete the additional monitoring and corrective actions.


Date: 6/22/17
municipality: ['Cummington']
Text:
  MassDEP issued a Unilateral Boil Water Order to Addiction Campuses of Massachusetts, LLC, in Cummington for Water Supply violations. The Order issued to the Addiction Campuses of Massachusetts, LLC d/b/a Swift River ("Addiction Campuses") to address e coli source water contamination at the public water system source serving Swift River. The Order required Addiction Campuses to provide notice to its users to Boil Water, to implement its Emergency Response Plan, to investigate the condition of the source, and to complete additional monitoring and corrective actions. MassDEP provided verbal direction regarding the protective measures of this Order on 6/21/17.


Date: 6/21/17
municipality: ['Lowell']
Text:
  MassDEP issued a Unilateral Order to Jessda Ounpauly, for Asbestos violations at 66 Canada Street and 484 Merrimack Street in Lowell. MassDEP also issued a civil administrative penalty assessed to Ounpauly of $236,050. Ounpauly is an individual who formerly operated a licensed asbestos contracting company, ASP Environmental, Inc. (ASP). The violations in this case concern asbestos and solid waste violations arising from demolition/renovation and asbestos abatement activity at both the Canada Street and Merrimack Street sites. Ounpauly is alleged to have improperly removed asbestos containing material (ACM) from the Merrimack Street site, leaving loose, dry, friable ACM debris inside the remaining structure and strewn outside on the ground at the site. Ounpauly also improperly transported to and stored piles of asbestos contaminated waste material (ACWM) generated at the Merrimack Street site at the Canada Street site. In addition, Ounpauly directed the improper removal, handling, storage and disposal of ACM from buildings at the Canada Street site, again leaving loose, dry, friable ACM debris inside the buildings, strewn outside on the ground and dumped in an open top solid waste dumpster at the site. The owner of the Merrimack Street site hired a licensed asbestos contractor to perform the clean-up of the Merrimack Street site, which has been completed. Ounpauly has continued improper demolition and asbestos abatement activity at the Canada Street site despite continued monitoring of the site by MassDEP. Today's Order requires Ounpauly to cease all activity at the Canada Street site until he had submitted, and if MassDEP approves, a new non-traditional asbestos abatement work practice plan to clean up the Canada Street site. Under today's Order, Ounpauly has ten days to submit a new plan and ten days after MassDEP approves the plan to implement it. Ounpauly is also required under today's Order to cease all solid waste activities at the Canada Street site that do not comply with the solid waste regulations.  


Date: 6/21/17
municipality: ['Lowell']
Text:
  MassDEP issued a Unilateral Order to 66 Canada Street, LLC, for Asbestos and Solid Waste Violations in Lowell. In addition, a Penalty Assessment to 66 Canada Street, LLC for the activities herein described in the amount of $178,850. Anabelle S. Pholy, is the manager of 66 Canada Street, LLC, and the owner of the property at 66 Canada Street. Today's Order alleges that 66 Canada Street, LLC allowed the improper storage at the Canada Street site by Jessda Ounpauly, her husband, of piles of asbestos containing material (ACM) debris generated at the Merrimack Street site. In addition, 66 Canada Street, LLC allowed Ounpauly to perform improper removal, handling, storage and disposal of ACM from buildings at the Canada Street site, leaving loose, dry, friable ACM debris inside the buildings, strewn outside on the ground and dumped in an open solid waste top dumpster at the site. The owner of the Merrimack Street site hired a licensed asbestos contractor to perform the clean-up of the Merrimack Street site, which has been completed. 66 Canada Street, LLC has allowed Ounpauly to continue improper demolition and asbestos abatement activity at the Canada Street site despite continued monitoring of the site by MassDEP. Today's Order requires 66 Canada Street, LLC to cease all activity at the Canada Street site until it has submitted and MassDEP has approved a new non-traditional asbestos abatement work practice plan to clean up the Canada Street site. Under the Order, 66 Canada Street, LLC has ten days to submit a new plan and ten days after the time when MassDEP approves the plan to implement it. 66 Canada Street, LLC is also required under the Order to cease all solid waste activities at the Canada Street site that do not comply with the solid waste regulations.


Date: 6/20/17
municipality: ['Dennis']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving MHC Old Chatham LLC for Groundwater Discharge violations in Dennis. MHC Old Chatham LLC is the owner of the Old Chatham RV Resort in Dennis. The facility was determined to be discharging sewage greater than 10,000 gallons per day, and the unapproved connection of a mobile comfort station to an existing subsurface sewage disposal system. Today's Order requires the respondent to submit an application for Groundwater Discharge permit and to construct a wastewater treatment facility in accordance with regulations and its permit.


Date: 6/20/17
municipality: []
Text:
  MassDEP issued a Demand for $10,000 in Suspended Penalties to Amesbury Heights LLC for Wetland Protection violations at 36 Haverhill Road in Amesbury and non-compliance with a previous Consent Order executed on 4/3/17. The violations resulted from a substantial release of sediment that entered the stormwater drainage system compromised a detention basin, and flowed down an unnamed intermittent stream channel on the property and into approximately 14,000 square feet of Bordering Vegetated Wetland (BVW) that had already been impacted by two previous releases that were cited in the April 2017 Order. The impacted BVW area was scheduled to be restored pursuant to the April 2017 Order. The release was self-reported. Today's Demand requires payment of a portion of the suspended penalty in the amount of $10,000.


Date: 6/20/17
municipality: ['Ware']
Text:
  MassDEP entered into a Consent Order with a $13,630 Penalty involving MRT Development, LLC, for Wetlands Protection and Clean Water Act violations in Ware. The property is a partially constructed sub-division acquired by MRT. MRT had learned of the non-compliance following acquisition of the sub-division and sought to remedy the violations. Today's Orders suspends the entire Penalty provided the new owner brings a jurisdiction crossing into compliance with the stream crossing standards and completes the construction of two wetland replacement areas within the time frames set forth.   


Date: 6/16/17
municipality: []
Text:
  MassDEP entered into a Consent Order through a Final Decision with James P. LaMountain regarding a violation of Air Quality violations. The case began after a complaint was referred to MassDEP by the Holland Police Department regarding an illegal open burning of solid waste by LaMountain at his residence. MassDEP issued LaMountain a Penalty Assessment Notice for $860, which LaMountain appealed. As a result of the Final Decision today's order resolves the matter with LaMountain paying a penalty of $250.


Date: 6/16/17
municipality: ['Holland']
Text:
  MassDEP entered into a Consent Order through a Final Decision with Blodgett Farm at Mashapaug, LLC for Air Quality violations in Holland. As a result of a complaint referral from the Holland Police Department regarding an illegal open burning of solid waste at Blodgette Farm property, MassDEP issued a Penalty Assessment Notice for $1,720. This Order was appealed by Blodgett Farm. As a result of the settlement of the appeal, Blodgett Farm will pay a $500 Penalty.


Date: 6/16/17
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order and a $46,400 Penalty Assessment Notice to B&K Development Corp. for Waste Site Cleanup violations in Charlton. The violations are alleged to have occurred at the former Charlton Woolen Mill, 12 South Sturbridge Road in Charlton. A release of hazardous materials was first identified at the property in 1997. The company purchased the site in 2000.  Since 2007, MassDEP has attempted to negotiate with company to address identified releases of hazardous materials at the site. For the identified continuing violations, MassDEP has assessed the Penalty and has required the company to submit required documents to demonstrate compliance with the applicable Waste Site Cleanup regulations.


Date: 6/16/17
municipality: ['Sandisfield']
Text:
  MassDEP issued (2) Unilateral Boil Water Orders to Berkshire Rehab, and Berkshire Landlord LLC in Sandisfield for Water Supply violations. The LLC is the operator of Berkshire Rehabilitation Skilled Care Nursing and must address source water contamination. The Boil Order requires the Berkshire Rehab to provide notice to its patients and families of the boil-water order, and further for the LLC to implement its Emergency Response Plan, investigate the condition of the source and complete additional monitoring. A subsequent Declaration of Water Emergency was issued to allow for bulk tankers to be connected to the distribution system and the source taken off-line.  


Date: 6/15/17
municipality: ['Wellfleet']
Text:
  MassDEP entered into a Consent Order with a $15,833 Penalty involving Massasoit Hills Trailer Park for Groundwater Discharge violations in Wellfleet. Andrew J. Parkington Realty Trust, LLC is the owner of Massasoit Hills Trailer Park, where a failure to adequately maintain the park's wastewater treatment facility was determined by MassDEP. The Park failed to comply with its permit, and made modification of approved plans without approval. Today's Order ensures restoration of the facility in accordance with the approved plans and repairs to various treatment units. The Park will pay $2,000 of the Penalty and the balance will be suspended contingent upon compliance with the terms of the Order.


Date: 6/14/17
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $12,500 Penalty involving RESI Trust for Waste Site Cleanup violations at 13 Warwick Street in Somerville. MassDEP was not notified of contaminated soil on the property within 120 days as required by the regulations. Contamination was identified on the property during an assessment of the property in April of 2015. MassDEP was notified of the contamination in July of 2016. RESI Trust has agreed to pay $4,500 of the Penalty with $8,000 suspended. The site is being developed into commercial and residential units.


Date: 6/14/17
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with Richard Pierro for Waste Site Cleanup violations at 342 Highland Avenue in Salem. Pierro is the owner of the property where the specific violations included failure to meet deadlines established in an earlier Notice of Noncompliance issued by MassDEP on 9/2/16. Today's Order requires, first, the submittal to MassDEP of a release abatement measure status report by 7/31/17,  unless a completion of that measure is submitted earlier; and, for every six months thereafter until the submittal of the completion statement the requisite status reports which meets the requirements. Second, by 7/31/18, the submittal of a permanent or temporary solution statement for this site, that meets the requirements; or, a remedy operation status submittal, which meets the requirements. Today's Order contains a stipulated penalty provision for any missed deadlines.


Date: 6/9/17
municipality: ['Provincetown']
Text:
  MassDEP entered into a Consent Order with The Workshop for Air Quality Control violations at 43 Race Point Road/Unit A in Provincetown. Today's Order extends the timeline to complete construction and installation of an all-weather sound panel enclosure around the exhaust fans as originally identified in MassDEP's Notice of Noncompliance. The Workshop was found to be in violation of the state's Air Quality regulations and MassDEP's Noise Policy No. 90-001 by causing a nuisance noise condition.


Date: 6/8/17
municipality: ['Maynard']
Text:
  MassDEP issued a Unilateral Order to BLB Trust/Edwin Mroz for Wetlands Protection Act violations in Maynard. The Order was issued to Marilyn Williams, Trustee of BLB Trust and to Edwin Mroz for filling and altering wetland resource areas without an Order of Conditions at a site located at 5 Burns Court in Maynard. BLB Trust owns the property and Mroz who also lives at the property has been conducting the work which has involved operating equipment, placement of unclean fill, and grading activities within a Bordering Vegetated Wetland (BVW) and 100-foot buffer zone. MassDEP issued a superseding order of conditions allowing work at the site in 2009, but that has since expired. Today's Order require the owner BLB Trust and Mroz to cease and desist from further activities within wetland resource areas and 100-foot buffer zone, implement erosion and sedimentation controls, hire a wetlands specialist to identify and delineate wetland resource areas at the site, assess impacts, and prepare a wetlands restoration plan.


Date: 6/8/17
municipality: []
Text:
  MassDEP was notified by US District Court that Judge Mark G. Mastoianni has issued final sentencing in the case involving Berkshire Power Company, LLC in Agawam. The former instrumentation technician for Berkshire Power Plant in Agawam, was sentenced for tampering with environmental monitors in violation of the Clean Air Act. This is the final sentencing in the Berkshire Power criminal case. Scott Paterson, who cooperated as a witness, was sentenced by U.S. District Court Judge Mastroianni to 12 months of probation and ordered to pay a fine of $1,300.


Date: 6/7/17
municipality: ['Chilmark']
Text:
  MassDEP entered into a Consent Order with 24 Basin Road for Waste Site Cleanup violations in Chilmark - Martha's Vineyard. Today's Order was executed with the owner of the Menemsha Cafe, located at 24 Basin Road in Chilmark. The site is the location of a small restaurant. Soil and groundwater at the site have been impacted with petroleum from a leaking above-ground fuel oil storage tank. The owner has failed to submit semi-annual reports in a timely manner, necessitating enforcement action. Today's Order now requires completion of cleanup actions by 7/1/18.


Date: 6/6/17
municipality: ['Shrewsbury']
Text:
  MassDEP issued a $67,250 Penalty Assessment to Joseph Goodman for Asbestos Violations in Shrewsbury. The violations occurred at an unoccupied residential property that Goodman was renovating in Shrewsbury. The violations were discovered during two July 2015 inspections by MassDEP following up on a complaint from the Shrewsbury Building Department of an improper asbestos removal. MassDEP found numerous pieces of dry, asbestos containing sheet flooring, joint compound and plaster lying uncontained in the residence and in an open-top roll-off container at the property. MassDEP required all affected areas of the property to be cleaned up and decontaminated by a licensed asbestos contractor.


Date: 6/6/17
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $5,495 Penalty involving Simmons College for Hazardous Waste and Air Quality violations at 100 The Fenway in Boston. MassDEP inspected Simmons College in 2016 and found the violations.  The violations included acting as a Small Quantity Generator (SQG) of hazardous waste, while not having any hazardous waste registration status. In addition, the respondent failed to file for the required Emergency Engine, failure to use good air pollution control engineering practices (in this instance, having insufficient stack height) on one of its emergency engines. The respondent has agreed to correct the violations and remains in compliance.


Date: 6/6/17
municipality: ['Rockland']
Text:
  MassDEP entered into a Consent Order with 241 West Water Street Realty Trust (the former Progressive Equipment at 241 West Water Street) for Waste Site Cleanup violations in Rockland. The site is the location of a former machine shop that manufactured parts and tools for the textile industry from the 1950s until 1991. Soil and groundwater at the site have been impacted with petroleum and chlorinated solvents from historic manufacturing operations. The owner has failed to submit semi-annual reports in a timely manner necessitating enforcement action. Today's Order requires site closure by 12/29/17.   


Date: 6/6/17
municipality: ['Seekonk']
Text:
  MassDEP entered into a Consent Order to RJGC Realty, Inc. for Waste Site Cleanup violations in Seekonk. Today's Order is based on the failure of RJGC Realty, Inc. to conduct required comprehensive response actions at the site. A Notice of Noncompliance had previously been issued to RJGC Realty, Inc. on 9/27/16 that outlined the required comprehensive response actions and established deadlines for completion of the response actions. In response to a request by the consultant for RJGC Realty, Inc., today's Order was negotiated, establishing new deadlines for the completion of required comprehensive response actions.


Date: 6/6/17
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $12,500 Penalty involving Pacific Mills Acquisition LLC for Waste Site Cleanup violations at 300 Canal Street in Lawrence. The respondent is the owner of the property, a former Mill Complex. Pacific Mills Acquisition LLC has developed the property into mixed-use condominiums. MassDEP was not notified of contaminated soil on the property within 120 days as required. The release notification states that Pacific Mills Acquisition LLC had knowledge of the release on 1/7/14 and notified MassDEP on 12/28/16.  Pacific Mills Acquisition LLC has sold some buildings/units of the condominium complex to a developer of residential properties.


Date: 6/2/17
municipality: ['Cambridge', 'Quincy']
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office that a civil complaint had been filed involving Clean Air Environmental and Neal Cass for Asbestos violations at various locations in Quincy, Cambridge, Charlestown, Brighton, West Roxbury, Chestnut Hill and Hyde Park. The complaint was filed in Suffolk Superior Court alleging air quality, hazardous waste and solid waste violations by licensed asbestos contractor Clean Air Environmental and an individual Neal Cass. The complaint alleges that Clean Air Environmental illegally removed asbestos at many locations and stored it improperly.


Date: 6/2/17
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $12,070 Penalty involving King Fisher Corp. for Solid Waste violations in Dartmouth. King Fisher Corp. accepted solid waste at this site without valid site assignment and handled the solid waste, creating a dumping ground.  MassDEP issued a Unilateral Order on 1/13/16 which required King Fisher Corp immediately to cease accepting solid waste, implement measures to prevent emissions of offensive odors and/or nuisance conditions and discharges of pollutants to the environment. Under the Order, King Fisher Corp. was required within 30 days to submit a plan to MassDEP detailing proper management of solid waste at the site. King Fisher Corp. complied with the Unilateral Order. Under today's Order, King Fisher Corp. will pay the $12,070 Penalty within 30 days.


Date: 6/2/17
municipality: ['Andover', 'Brookline']
Text:
  MassDEP entered into a Consent Order with a $98,350 Penalty involving Peninsula Home Builders for Asbestos violations at Manton Terrace in Brookline. Peninsula Home Builders is a construction company in Andover. The violations involved a vacant residential property at 8 Manton Terrace in Brookline. The Consent Order alleges that Peninsula Home Builders failed to notify MassDEP of asbestos abatement activity, failed to use a licensed asbestos contractor for abatement activity, failed to utilize proper abatement practices and procedures during the removal of asbestos-containing material, and had dry, friable asbestos containing pipe insulation and shingles in piles and strewn about outside on the property. Peninsula Home Builders will pay $30,000 of the Penalty with the remaining amount suspended for a two-year period.


Date: 6/1/17
municipality: ['Northampton', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Ultimate Abatement for Asbestos violations in Northampton. The company is based in Springfield and is registered as an asbestos abatement company that was retained to remove a residential building's exterior siding that contained asbestos-containing material at 206 Elm Street in Northampton. Upon inspection by MassDEP, workers were observed removing the siding via improper techniques in violation of Massachusetts Asbestos Regulations.


Date: 6/1/17
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $17,500 Penalty involving Allied Waste Services of Massachusetts LLC for Waste Site Cleanup violations in Brockton. The respondent failed to notify MassDEP under the requirements contained within the Waste Site Cleanup regulations. On 2/6/17, a trash truck owned and operated by Allied Waste Services released 25 gallons of diesel onto a roadway and catch basin. Allied Waste did not notify MassDEP of the release within the specified notification period, nor did they perform Immediate Response Actions to assess, eliminate, abate, or mitigate the impacts of the release until months later. Under today's Order, Allied will pay $12,500 of the Penalty and $5,000 is suspended if Allied Waste Services does not violate the same regulations for two years.


Date: 6/1/17
municipality: ['Randolph']
Text:
  MassDEP entered into a Consent Order with a $25,750 Penalty involving Lawrence-Lynch Corp for Randolph for Waste Site Cleanup violations. On 12/2/16 Lawrence-Lynch Corp. released 55 to 100 gallons of asphalt binder onto a roadway and catch basin. Lawrence-Lynch Corp. did not notify MassDEP of the release within the specified notification period. The company will pay $15,750 and $10,000 is suspended if Lawrence-Lynch does not violate the same regulations for two years


Date: 6/1/17
municipality: ['Salisbury']
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office that a civil complaint had been filed against C&G Renewable Energy Systems for Solid Waste, Hazardous Waste, Waste Site Cleanup and Wetlands violations on Lafayette Road in Salisbury. MassDEP working together with the Mass AG's Office developed a case against C&G Renewable Energy Systems, its president Clyde Holland and its consultant William Trainor (together, the defendants). The complaint was filed in Suffolk Superior Court, which alleges the violations involved the illegal storing of hazardous materials and solid waste materials on a property in Salisbury. The complaint further alleges that the defendants filled and altered wetland resource areas in multiple locations on the site. The complaint also alleges other defendants conducted work in other areas of the site in buffer zone without authorization; burying trash on site; reburying two 55 gallon drums that they had uncovered while moving material around the site; transporting two other drums with waste oil for disposal with no manifest and failing to notify MassDEP of sample results from soil on the property with reportable contaminants above listed concentrations.


Date: 5/31/17
municipality: ['Sturbridge']
Text:
  MassDEP entered into a Consent Order with a $1,395 Penalty to Southbridge Sheet Metal Works, Inc. for Air Quality, Hazardous Waste Management and Toxics Use Reduction Act violations in Sturbridge. The violations were observed during inspections of the facility in November 2015 and December 2016. Specifically, the company had not submitted source registration reports, had acted out of its self-registered status (very small quantity generator of waste oil) and had not submitted its required Toxics Use Reduction report for methylene chloride for reporting year 2014. The company has corrected all the violations and agreed to the Penalty, and under today's Order will be directing $1,046 of that amount towards purchasing a Quattro 4-gas meter for the Sturbridge Fire Department as a Supplemental Environmental Project.  


Date: 5/30/17
municipality: ['Ware']
Text:
  MassDEP issued a Unilateral Order to the town of Ware to address public water supply source contamination. The Order requires the town, and Water Department, to provide notice to its customers to Boil Water, to implement its Emergency Response Plan, investigate the condition of the source, adjust disinfection and complete additional monitoring.


Date: 5/30/17
municipality: []
Text:
  MassDEP issued 211 Notices of Noncompliance in May as part of   Underground Storage Tank (UST) regulation enforcement. These UST facility owner/operators failed to have their compliance certification completed by their respective due dates. MassDEP gave the offenders 45 days to return to compliance and those that fail to do so will be subject to additional enforcement, which may include financial penalties. Additionally, MassDEP also issued Reporting Penalty Assessment Notices (RPANs) to another 43 UST facility owner/operators in May for failing to respond to previous NONs. These UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 5/26/17
municipality: ['Hatfield']
Text:
  MassDEP issued a Unilateral Order and Demand Letter to David and Michelle Biddle of Hatfield for a Penalty in the amount of $7,187.50. MassDEP took the action in connection with a discharge to a wetlands from a tank used to collect wastewater from the home and pump it to the municipal sewer. The Unilateral Order requires that the repair of the failed pump to ensure that wastewater is discharged to the municipal sewer system.


Date: 5/26/17
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving American Environmental, Inc. for Asbestos violations at 1883 Main Street in Springfield. American Environmental, Inc. violated the regulations by causing conditions which posed a potential threat to human health, safety and welfare or to the environment during asbestos abatement activities. On 11/15/2016, and 11/17/2016 MassDEP conducted unannounced asbestos field inspections at the site, on both days upon arrival, MassDEP observed friable asbestos debris (spray-on fireproofing) and water run-off on the exterior sidewalks from the asbestos abatement activities occurring inside the structure. American Environmental, Inc. agreed to the Penalty as part of the settlement agreement.


Date: 5/17/17
municipality: []
Text:
  MassDEP entered into a Consent Order with a $47,500 Penalty involving Peter O. MacLeod and Bridget S. MacLeod for Wetlands violations at 143 Pleasant Valley Street in Methuen. The property is currently undergoing development of one commercial building, with a second to be constructed in the future. This activity is being done under a Superseding Order of Conditions (SOC) that was obtained under the Wetlands Protection Act process. Upon an unannounced inspection by MassDEP, it was discovered that multiple notification, reporting and erosion control conditions contained in the SOC had been violated resulting in sedimentation into the buffer zone and alteration of 700 square feet of Bordering Vegetated Wetland (BVW). Today's Order now requires continued site stabilization, sediment removal, full BVW restoration and monitoring, and continued development in full compliance with the SOC. The respondents will pay $10,000 with $37,500 will be suspended pending compliance with all the terms of today's Order.


Date: 5/15/17
municipality: ['Hubbardston']
Text:
  MassDEP issued a Unilateral Order to Michael James Cove for Underground Storage Tank (UST) violations in Hubbardston. The violations included not arranging for third-party inspections or updating his tank registration information since taking ownership of a UST in 2006. The tank in question is located at a single-family residence with a large garage that once housed a bus company. Cove has not responded to MassDEP's previous Notices of Noncompliance for failing to remove the abandoned tank or have it inspected. Today's Order gives Cove 120 to remove the tank or close it in place, or additional enforcement action, which could include financial penalties.


Date: 5/12/17
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Virginia Golemba for Waste Site Cleanup violations at 708 Main Street in Springfield. Golemba is the owner of commercial real estate at this location where on 7/9/16, MassDEP responded to a release of fuel oil to the parking lot at the site which was caused by an abandoned Underground Storage Tank (UST). Initial response and cleanup actions were conducted by MassDEP utilizing a state-funded contractor. Golemba was subsequently determined to be the owner of the property, and a Notice of Responsibility (NOR) was issued to her on 7/29/16. Although Golemba submitted a Release Notification Form, she failed to submit an Immediate Response Action Plan, which is required here for the removal and assessment of leakage from the abandoned UST. This requirement was spelled out in the NOR. Golemba also failed to respond to a Notice of Noncompliance that set a deadline of 11/20/16 for her to retain a Licensed Site Professional to submit the Immediate Response Action Plan. Under today's agreement (Consent Order) Golemba agrees to arrange for removal of the UST and submit an Immediate Response Action Plan or Permanent Solution Statement for the site within 30 days of the date of execution.


Date: 5/12/17
municipality: ['Dartmouth']
Text:
  MassDEP issued a Unilateral Order to Double S Farms, LLC for Solid Waste violations in Dartmouth. The violations are for accepting solid waste materials for disposal including cranberry waste by-products, stumps, and sand with clam shells. Today's Order requires Double S Farms, LLC to cease the acceptance of solid waste for disposal and to submit a plan within 30 days indicating how Double S Farms, LLC intends to comply with the solid waste regulations. MassDEP is working in coordinated fashion with the Massachusetts Department of Agriculture (MDAR) and the Town of Dartmouth. Double S Farms, LLC possessed a registration for 'Agricultural Composting' with Massachusetts Department of Agricultural Resources, but that registration expired on 3/31/17.


Date: 5/10/17
municipality: ['Falmouth']
Text:
  MassDEP issued a Unilateral 'Do Not Use' Order to the town of Falmouth for Drinking Water violations. The Order was issued so as to restrict the town's use of the Fresh Pond Well as a Drinking Water Source. On 4/14/17, the town received perchlorate results that exceeded the 2.0 ug/l (micrograms per liter or parts per billion) that exceeded the maximum contaminant level allowed. The town immediately removed the well from service. Today's Order requires Falmouth to provide public notice, investigate the source of the contamination, and submit a corrective action plan. Today's Order prevents the well from being used until MassDEP issues written authorization to do so. Falmouth has other surface and groundwater sources to supply its customers.


Date: 5/10/17
municipality: ['Lawrence', 'Warwick']
Text:
  MassDEP entered into a Consent Order with Lawrence A. Kilroy and Andrea J. Kilroy regarding the public water system serving the Barn Owl, a restaurant located in Warwick. They are owners of the public water system and, under today's Order, are required to address monitoring, the use of a licensed operator, maintenance and use of an existing source.


Date: 5/8/17
municipality: ['Sheffield']
Text:
  MassDEP issued a $2,580 Penalty Assessment Notice to Pete's Sales and Service, Inc., for Underground Storage Tank (UST) violations at 69 South Main Street in Sheffield. The violations, which have subsequently been resolved, included failure to test leak detection equipment and overfill prevention devices, and failure to have a third party inspection of the USTs.   


Date: 5/5/17
municipality: []
Text:
  MassDEP issued a Demand for $2,500 in Previously-Suspended Penalty to Emerald Pines in Methuen. The violations were on a property under development known as Emerald Pines located off of Howe Street in Methuen. The violations resulted from failure to prevent a discharge of silt laden water from an unfinished foundation drain system on the property into Bordering Vegetated Wetland and Hawkes Brook for approximately four hours on 4/4/15. The violation was "self-reported' and the discharge immediately stopped upon discovery by the violator's Environmental Monitor. Today's Demand Letter requires payment of a portion of the suspended penalty in the amount of $2,500 within 30 days.


Date: 5/3/17
municipality: ['Auburn']
Text:
  MassDEP entered into a Consent Order with a $53,000 Penalty involving Northstar Recovery Services for Asbestos violations in Auburn. Northstar Recovery Services, Inc., is a licensed asbestos contractor in Massachusetts. The violations occurred during an asbestos removal department store in the Auburn Mall while the store was open for business. The violations were discovered during a September 2016 inspection by responding to a complaint from the Auburn Health Department. Inspectors found Northstar personnel had removed asbestos containing floor tiles and mastic without using any containment or air-filtration units. No notification was filed with MassDEP for the asbestos removal work. Dry, broken asbestos containing tiles coated with mastic were observed in the parking lot (un-contained) and in an open top roll off at the site. MassDEP required Northstar to clean and decontaminate all affected areas of the store, parking lot and roll off and properly wet, package, label and dispose of all asbestos containing and asbestos contaminated waste.5/3/17


Date: 5/2/17
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with Danversport Yacht Club Marina, LLC for Wetlands and Waterways violations in Danvers. The violations stem from Wetland Protection Act process, specifically, the permitting and (Chapter 91) license processing irregularities and documentation beginning in 1984. Today's Order clarifies existing authorizations, contains specifications for continuing authorizations, and provisions for compliance with future licenses and permits issued.  


Date: 4/31/17
municipality: []
Text:
  MassDEP issued 48 Notices of Noncompliance in April 2017 relative to Underground Storage Tank (UST) Enforcement. These facility owner/operators failed to either have a UST third-party inspection (34 cases) or return to compliance plans (14 cases) completed by their respective due dates. The agency has now given these offenders 30 days to return to compliance. Those that fail to do so will be subject to additional enforcement measures, including financial penalties. In Massachusetts, the UST facility owner/operators are required to hire MassDEP-approved third-party inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 4/27/17
municipality: ['Monson']
Text:
  MassDEP entered into a Consent Order with Silver Bell Farm, LLC in connection with Water Supply Regulations in Monson. Silver Bell Farm, LLC operates as a public water system and today's Order addresses requirements related to continued monitoring, certified operator, the maintenance, as well as new source and use of an existing source.


Date: 4/27/17
municipality: ['Randolph']
Text:
  MassDEP issued a $30,000 Penalty and Unilateral Order to Second Realty Trust for Waste Site Cleanup violations at 954 North Main Street in Randolph. The Trust failed to comply with the requirements for filing a classification relative to the cleanup of the contamination at this site (known as a Tier Classification).  Second Realty Trust owns a gas station at 954 North Main Street at which there had been a release of oil.  Second Realty Trust did not respond to a Notice of Noncompliance and a Notice of Enforcement Conference issued by MassDEP. In addition to the Penalty, today's Order requires completion of certain response actions by 7/1/17.


Date: 4/27/17
municipality: ['Taunton']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the Lopes Companies, LLC in Taunton. The Lopes Companies has agreed to the established stipulated penalties since the company exceeded timelines to come into compliance with violations of the Air Quality Regulations established in the original Order.  The Amendment requires the Facility to pay stipulated Penalty of $2,000.


Date: 4/25/17
municipality: ['Swansea']
Text:
  MassDEP entered into a Consent Order with a $15,200 Penalty involving GEE Realty Trust for Wetlands violations in Swansea. GEE Realty Trust is the owner of property in Swansea on which approximately 9,000 square feet of bordering vegetated wetlands had been filled. Today's Order requires the respondent to prepare a wetland restoration plan and restore the altered areas. Under today's Order the Trust will pay $7,600 and MassDEP has agreed to suspend the remaining amount of the Penalty contingent upon the successful completion of the required actions.


Date: 4/25/17
municipality: ['Woburn']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Minast, LLC for Waste Site Cleanup violations at 4 Presidential Way in Woburn. Minast LLC has failed to meet the applicable cleanup requirements for contamination at this property. Minast LLC failed to submit a Release Abatement Measure (RAM) plan prior to managing contaminated soils on the site. The LLC has built a 5,000 square foot office showroom, warehouse/manufacturing facility. The property is for lease. Minast LLC has agreed to pay $2,500 of the Penalty, and MassDEP has agreed to suspend the remaining $9,000.


Date: 4/25/17
municipality: []
Text:
  MassDEP entered into a Consent Order with US Petroleum, Inc. for Waste Site Cleanup violations at 70 Galen Street in Watertown. US Petroleum Inc. is the owner and/or operator of the property at 70 Galen Street. The specific Waste Site Cleanup violations were failure to meet deadlines under the regulations and as set out in a Notice of Noncompliance that MassDEP had issued to the company previously. Today's Order notes the owner was required to submit a Release Abatement Measure (RAM) completion report submitted by 4/17/17, and every six months thereafter until the submittal of a  RAM completion statement which meets the applicable cleanup requirements. Respondent shall submit the required RAM Status Report by 12/20/18, and submit a permanent or temporary solution statement for the site, which meets the requirements. Or, if appropriate, a Remedy Operation Status (ROS) that meets the appropriate cleanup requirements. Today's Order contains a stipulated penalty provision for any missed deadlines henceforth.


Date: 4/24/17
municipality: ['Westfield']
Text:
  MassDEP issued a $1,000 Demand for a Stipulated Penalty to Westfield Electroplating Company in Westfield. On 8/17/16, Westfield Electroplating entered into a Consent Order with MassDEP that required the company to submit a Plan Approval application for the use of acetone in its parts cleaning operation within 60 days of the date of execution of the Order. WEPCO failed to submit the required Plan Approval application and the stipulated penalty provision applies.  


Date: 4/19/17
municipality: []
Text:
  MassDEP issued a Demand for a previously-suspended $2,500 Penalty to Three Rivers Fire District in Palmer. The District failed to meet the agreed-upon requirements of a previous Consent Order with Penalty.  Today's demand is due to continued non-compliance with the Order and requires a payment of $2,500.


Date: 4/13/17
municipality: []
Text:
  MassDEP entered into a Consent Order with $30,000 Penalty involving Brian Owens for Waste Site Cleanup violations. Owens is the owner of the property at 4 1/2 School Street in Amesbury. The property is a vacant two-family residence. There was a 200-gallon storage tank in the basement and oil was released from the tank in 2007.  Specifically, the Waste Site Cleanup violations are


Date: 4/11/17
municipality: ['Freetown']
Text:
  MassDEP entered into an agreement with Excel Recycling, LLC, to address Air Quality compliance for its facility in Freetown. MassDEP and Excel Recycling, have agreed to enforceable deadlines to undertake noise mitigation activities associated with the operation of a metal shredder by installing sound barriers/noise absorbing equipment and implementing the sound monitoring required under its Final Air Quality Plan Approval issued by MassDEP on 11/29/16. In addition, the Order limits hours of operation for the shredder and requires that steps be taken to mitigate windblown material from leaving the site creating off-site nuisance conditions.  


Date: 4/10/17
municipality: ['Granville']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Prospect Mountain Campground, Inc. relative to Water Supply Regulations in Granville. Today's Amendment assures corrective actions taken by this public water system are done to maintain compliance.


Date: 4/10/17
municipality: ['Cummington']
Text:
  MassDEP issued an $800 Penalty Assessment Notice to Saul Casdin relative to Air Quality violations in Cummington. The Penalty was due to open burning of construction and demolition material at his residence. This case was referred to MassDEP by the Cummington Fire Department.


Date: 4/7/17
municipality: ['Medford']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Lexington Savings Corp, LLC, for Waste Site Cleanup violations in Medford. Under today's Order Lexington Savings Corp, LLC will resolve the violation, specifically the failure to submit a release abatement plan prior to conducting response actions.


Date: 4/4/17
municipality: ['Russell']
Text:
  MassDEP issued a Unilateral Order and a $1,000 Penalty Assessment Notice to Vicki Benford for Waste Site Cleanup violations in Russell. Benford owns the property at 173 Westfield Street in Russell.  The Penalty was for Benford's failure to conduct the necessary assessment and cleanup of petroleum contamination in soil and groundwater at a commercial site which historically operated as a service station and auto repair facility. A scheduled enforcement conference to discuss resolution of the violations was not attended by Benford. Today's Order sets a schedule for Benford to come into compliance by conducting the necessary assessment and cleanup which would bring the site to closure


Date: 4/4/17
municipality: []
Text:
  MassDEP entered into a Consent Order with a $67,142 Penalty involving Wyman-Gordon Company for Asbestos, Air Quality, Hazardous Waste and Underground Storage Tank violations in North Grafton. During inspections of the metal forgings company located at 244 Worcester Street in North Grafton in February and April 2016, MassDEP observed numerous violations. All told, 32 violations were discovered, including the mishandling and storing of asbestos-containing materials in an old boiler house. The Company also caused a condition of air pollution with a baghouse, failed to maintain acid scrubber maintenance records, did not have permits for new boiler burners and equipment, was recycling waste oil without a permit, did not mark hazardous waste and waste oil containers and accumulation areas, did not update a storm water pollution prevention plan, was not inspecting UST systems monthly, and did not maintain sumps properly. The Company has corrected or is in the process of correcting all the violations. It has agreed to resolve all the violations and will pay the entire Penalty.  


Date: 4/3/17
municipality: ['Springfield']
Text:
  MassDEP has entered into a Consent Order with a $3,000 Penalty involving Berkshire Asphalt for Underground Storage Tank (UST) violations in Springfield. As a result of multiple MassDEP inspections, it was determined that Berkshire Asphalt was not in compliance with several UST regulations including failure to test the cathodic protection system and failure to conduct a third-party inspection of the UST system.  Under today's Order, Berkshire Asphalt will remove the UST and pay $1,500 with the remaining $1,500 suspended pending compliance with the consent order.


Date: 4/3/17
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $26,960 Penalty involving Jamie McGuinness and Sons for Asbestos violations at Washington Street in Jamaica Plain (Boston). Jamie McGuinness and Sons is a demolition contractor who violated regulations relative to a release of asbestos containing material (mastic on the concrete foundation) during the development of property at the aforementioned address.  McGuinness also started demolition work prior to filing a permit with MassDEP. The survey to identify possible asbestos-containing material that was done prior to demolition had cautioned the parties that the mastic was there and needed further sampling before the demolition of the foundation.  In another area of the site, during excavation activities, a pipe was uncovered and broken up, releasing more asbestos-containing material into the environment. Under today's Order, McGuinness will pay $8,700 in accordance with a payment schedule and the remaining $18,260 will be suspended until a year after the final payment and waived if McGuinness has no further violations during that time. After the violations, the material that had been released on the site was abated under a MassDEP-approved non-traditional plan.


Date: 4/3/17
municipality: []
Text:
  MassDEP entered into a Consent Order with a $26,100 Penalty involving Burnett Realty Co., Inc. for Asbestos violations at Washington Street in Jamaica Plain. The survey to identify possible asbestos-containing material that was done prior to demolition had cautioned the parties that the mastic was there and needed further sampling before the demolition of the foundation. In another area of the site, during excavation activities, a pipe was uncovered and broken up, releasing more asbestos-containing material into the environment. Under today's Order, Burnett will pay $1,500 and the remaining $24,600 will be suspended for one year and waived if Burnett has no further violations during that time. After the violations, the material that had been released on the site was abated under a MassDEP-approved non-traditional plan.


Date: 4/3/17
municipality: []
Text:
  MassDEP entered into a Consent Order with a $120,625 Penalty involving Amesbury Heights, LLC for numerous violations on Haverhill Road in Amesbury.  Wetland Protection Act (WPA), Clean Waters Act, Surface Water Discharge Permit Regulations and Water Quality Certification Regulations violations at property on Haverhill Road (known as Amesbury Heights) in Amesbury.  The property is being developed as a 240-apartment complex in five buildings with a club house, pool and parking areas governed by a local wetlands by-law Order of Conditions. On October 25, 2016 MassDEP received a complaint about silt discharging into wetlands and an unnamed perennial stream and flowing approximately 1.5 miles downstream into Bailey's Pond. MassDEP contacted the Amesbury Conservation Commission (ACC). The ACC was already investigating and had discovered the discharge resulted from a storm event overnight on 10/21/16 and 10/22/16, 2016, and was addressing the site attempting to stabilize conditions via a contractor. On 10/28/16 MassDEP was contacted by the ACC reporting that there had been erosion control failures on the property and silt was discharging into wetlands on and off the site and into the unnamed perennial stream, through Bailey's Pond and into the Merrimack River as the result of a storm event beginning the previous night. The ACC requested MassDEP assistance and MassDEP inspected the property that day and confirmed all discharges and violations. The ACC issued a cease and desist Enforcement Order limiting all site work to that which was necessary for the comprehensive stabilization of the property. MassDEP provided technical assistance to the ACC for site stabilization requirements which were subsequently revised via three Amended Enforcement Orders that were implemented. MassDEP found silt deposited from the releases at the property resulted in three areas totaling between 2,500-5,000 square feet of Bordering Vegetated Wetland (BVW) had been filled and altered on 10/21/16. Five areas totaling 21,758 square feet of BVW had been filled and altered on 10/28/16. One area totaling 1,001 square feet of Isolated Vegetated Wetland (IVW) was filled and altered on 10/21/16. Some of the BVW areas impacted are also located in bordering land subject to flooding and riverfront area because they are within 200 feet of the unnamed perennial stream and/or within the FEMA mapped 100-year flood zone. The filling and alteration occurred in violation of multiple conditions of the approval, and over the threshold for needing to have filed an application for a Water Quality Certification. Today's Order contains provisions for restoration of the resources areas (the BVW and IVW) with long-term monitoring in addition to deadlines for BVW and Bank replication authorized by the previous approvals (orders of conditions). Under the terms of today's Order, $60,000 will be paid, and $30,000 will be suspended after one year providing continued compliance, and the remaining $30,625 also suspended upon issuance of a letter signifying return-to-compliance.


Date: 3/28/17
municipality: ['Williamstown']
Text:
  MassDEP issued a Unilateral Order to Micazajo Enterprises, Inc. for Drinking Water violations in Williamstown. Micazajo Enterprises is a public water system where MassDEP observed multiple violations of Massachusetts Drinking Water regulations during a Sanitary Survey inspection. The public water system serves the 1896 Restaurant in Williamstown. Today's Order requires Micazajo Enterprises, Inc. take corrective actions regarding its source, source-monitoring, treatment system, storage tanks and distribution system and operator oversight


Date: 3/23/17
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with the town of Milford for Waste Site Cleanup violations at Milford High School. Specifically, the town violated a previously-established Activity and Use Limitation (AUL) at the Milford High School, 31 West Fountain Street. MassDEP first identified a failure to properly implement the AUL during an audit inspection in May 2015. MassDEP issued a violation notice to the town on 7/6/16 establishing a deadline for submitting a Licensed Site Professional (LSP) evaluation of current site conditions relative to the AUL requirements. The town failed to submit the requested documents by the established deadline. Today's Order includes a schedule to submit the required documents and bring the site back into compliance.


Date: 3/22/17
municipality: ['Springfield']
Text:
  MassDEP was notified by U.S. District Court in Springfield regarding the sentencing in the Berkshire Power Company (BPC) and Power Plant Management Services (PPMS) case in Agawam. BPC and PPMS were sentenced for tampering with air pollution emissions equipment and PPMS was also sentenced for submitting false information to both environmental and energy regulators relating to the Berkshire Power Plant ("the Plant") in Agawam. BPC was sentenced to pay $2.75 million in criminal fines for violations of the Clean Air Act and to make a $750,000 community service payment to the American Lung Association to fund a program for the replacement of polluting wood burning stoves in western Massachusetts. PPMS was sentenced to pay $500,000 in criminal fines for violations of the Clean Air Act and Federal Power Act and to make a $250,000 community service payment to the American Lung Association's wood stove change-out program. In addition to the criminal fines outlined above, BPC and PPMS have agreed to pay $3,042,563 plus interest to the Federal Energy Regulatory Commission in civil penalties and disgorgement for their misrepresentations to ISO-New England regarding the Plant's availability to produce power.


Date: 3/22/17
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with the city of Brockton relative to Monponsett Pond. Today's Order addresses the city's statutorily authorized practice of diverting water from East Monponsett Pond to Silver Lake and its operation of the Stump Brook outlet dam from West Monponsett Pond. The Order requires the preparation of a Resource Management Plan that will include recommended metrics and procedures for Silver Lake diversions and Stump Brook Dam operations that are intended to improve West Monponsett Pond's water quality and ecosystem while maintaining Brockton's drinking water supply system reliability.


Date: 3/16/17
municipality: ['Williamstown']
Text:
  MassDEP issued a Declaration of Water Supply Emergency involving Micazajo Enterprises, Inc. in Williamstown. Micazajo Enterprises, Inc. operates the 1896 Restaurant in Williamstown. The Declaration was due to the loss of water at its public water system. A frozen line from its source to the restaurant is the suspected cause.  Today's Declaration allows the restaurant, with conditions, to make and use an emergency interconnection with a neighboring public water system.


Date: 3/15/17
municipality: ['Westfield']
Text:
  MassDEP issued a Unilateral Order to Shah Property Corporation relative to Waste Site Cleanup violations in Westfield. Shah Property Corporation must establish deadlines for the assessment of petroleum contamination in soil and groundwater at an abandoned commercial property owned by Shah located at 41 Jefferson Street in Westfield. Today's Order sets a schedule for Shah Property Corporation to come into compliance by conducting the necessary assessment and cleanup of soil and groundwater which would bring the site to closure.


Date: 3/15/17
municipality: ['Westfield']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to Shah Property Corporation for Waste Site Cleanup violations in Westfield. Today's Penalty was for Shah's failure to conduct the necessary assessment and cleanup of petroleum contamination in soil and groundwater at an abandoned commercial property. A scheduled enforcement conference for compliance assistance was not attended by Shah Property.


Date: 3/9/17
municipality: ['Ashby']
Text:
  The Office of Dispute Resolution announced a Decision in the case involving a $25,800 Penalty to Douglas Howarth for Waste Site Cleanup violations in Ashby. Howarth is the owner of a disposal site in Ashby where there has been a failure to assess and submit documentation required. MassDEP issued a Penalty Assessment Notice for $25,800 in 2009, which was upheld on appeal to OADR. The Order now requires the owner to submit either a Tier Classification Submittal or a Permanent Solution Statement to the Department for the disposal site within ninety days.  


Date: 3/9/17
municipality: ['Ashby']
Text:
  MassDEP issued a Unilateral Order to Douglas Howarth for Waste Site Cleanup violations in Ashby. Howarth is the owner of a disposal site in Ashby following failure to assess and submit documentation required under the Massachusetts Contingency Plan and Chapter 21E. MassDEP issued a Penalty Assessment Notice for $25,800 in 2009, which was upheld on appeal to Office of Administrative Dispute Resolution. As a result, today's Order requires the owner to submit either a tier classification submittal (a numerical ranking of the environmental contamination) or submit a permanent solution statement to MassDEP for the disposal site within ninety days.  


Date: 3/8/17
municipality: ['Granby']
Text:
  MassDEP entered into two Amendments to existing Consent Orders with Granby and International EC, LLC, in Granby. The two amendments to existing Consent Orders with International EC, LLC, owner of a public water system known as The MacDuffie School in the town of Granby. The amendments adjust the schedule for compliance with new source installation(s) to meet the source and storage requirements of the Massachusetts Drinking Water Regulations and to comply with lead and copper drinking water standards.


Date: 3/7/17
municipality: ['Beverly']
Text:
  MassDEP entered into a Consent Order with Fonzo Realty Trust for Wetlands violations at Beverly. In September 1997, MassDEP issued a Superseding Order of Conditions (SOC) to the Fonzo Realty Trust for the construction of a Sam Fonzo Drive as a public roadway including sewer installation, drainage facilities, grading and alteration of approximately 10,000 square feet of Bordering Vegetated Wetlands. The SOC required all authorized work to be completed within three years unless extended. The work was performed in the late 1990s, no extensions were requested or issued, and the SOC expired in 2000. The SOC also required that a request for a certificate of compliance be submitted upon completion of the work. In September 2016, the city submitted a request for the certificate to MassDEP since the city had accepted Sam Fonzo Drive as a public street. MassDEP staff inspected the site and found that the project was completed with the exception of the failure of a wetland replication area required as mitigation for filling at a wetland crossing. Today's Order requires that the project be completed according to the terms and conditions of the SOC and a 2017 revised wetland replication plan. The document also requires monitoring and reporting of the replication area for five years.


Date: 3/6/17
municipality: []
Text:
  MassDEP issued a Unilateral Order to Steaming Tender, Inc., for Water Supply violations in Palmer. The Boil Water Order was issued due to E. coli and total coliform bacteria detections within the distribution system of this, a public water supply. The Order requires an investigation, response actions, including boiling water or use of approved alternate water and follow-up monitoring and reporting to ensure safe water.


Date: 3/6/17
municipality: ['Springfield']
Text:
  MassDEP has entered into a Consent Order with a $3,800 Penalty involving Sara LLC d/b/a South End Gas Plus, for Underground Storage Tank regulations in Springfield. Sara LLC has failed to address underground storage tank (UST) violations at its Springfield facility.  As a result of multiple inspections, MassDEP determined that Sara LLC failed to ensure that UST operators were onsite and failed to conduct monthly inspections of the UST systems. As part of today's Order, Sara LLC will pay $1,200 of the Penalty and an additional $2,600 will be suspended pending compliance with the terms of the agreement.


Date: 3/6/17
municipality: ['Charlton']
Text:
  MassDEP entered into a Consent Order with ExxonMobil Corporation in Charlton to provide a public water supply and offer connections to properties in the area of a former ExxonMobil operated gasoline service station in Charlton. ExxonMobil has been sampling private drinking water wells and providing bottled water and/or treatment systems to impacted properties. Today's Order requires ExxonMobil to install approximately seven miles of waterline from the town of Southbridge and to offer free connections to 192 properties in the area, regardless of whether contaminants have been detected, in an effort to reach a Permanent Solution for the service station site. The cost of the waterline is estimated at approximately $20,000,000. ExxonMobil will also provide an additional $7,500,000 to the town of Charlton for operating and maintenance costs.  


Date: 3/6/17
municipality: ['Fitchburg', 'Somerville']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Shubh Ramesh Joshi for Waste Site Cleanup violations at 447 Water Street in Fitchburg. Shubh Ramesh Joshi is a resident of Somerville who failed to submit required documents one year after reporting a release of oil and hazardous materials at his Fitchburg property. He has agreed to pay the $1,000 Penalty and submit the required documents within sixty days.  


Date: 3/2/17
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Joseph Freedman Company for Stormwater violations in Springfield. The violations involved the discharge of cutting fluid to groundwater that occurred at Freedman's facility at 115 Stevens Street in Springfield. On 6/16/16, Freedman self-reported to MassDEP that discharges of machine cutting fluid to the storm drainage system. Cutting fluid is a water-based mixture that contains petroleum hydrocarbons and is utilized in the precision machining industry during fabrication of metal parts. Scrap metal chips are shipped by machine shops to Freedman for recycling. The fluid is regulated by MassDEP as an industrial wastewater.  Prior to recycling, the chips are stored at the Freedman facility, and residual cutting fluid seeps from the chips and is collected in a holding tank.  The discharge occurred when an employee pumped the contents of the holding tank to an outside storm drain. It is estimated by Freedman that ~2,500 gallons of cutting fluid were discharged to the storm drainage system at the property during the course of several months. The discharge was ceased as of 6/16/16, and Freedman retained an environmental contractor on that date to clean out the impacted storm drainage structures.  Storm water from the property ultimately drains to Poor Brook, however, it is apparent that most of the cutting fluid infiltrated to soil underlying the storm drainage structures due to the age, construction and current physical condition of the structures. Prior to meeting with MassDEP to discuss the violation, Freedman re-trained its employees on procedures for collection and disposal of waste cutting fluid. Additionally, Freedman will address the soil and groundwater contamination from the cutting fluid.


Date: 3/1/17
municipality: []
Text:
  MassDEP issued 41 Notices of Noncompliance to Underground Storage Tank facility owners/operators. These owner/operators failed to submit return to compliance plans completed by their respective due dates between 11/1/16 and1/31/17. The agency gave the offenders 45 days to return to compliance by correcting violations previously identified in Third-Party Inspector (TPI) reports. Entities that fail to do so will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved TPIs to inspect their tank systems every three years. TPIs report their findings to the agency. More information


Date: 2/28/17
municipality: ['Wilbraham']
Text:
  MassDEP issued a $29,960 Penalty Assessment Notice to Wilbraham Land and Development, LLC, for failure to address violations in a Unilateral Order on 12/16/16.  WL&D is a Boston-based corporation that owns a mill complex at 176 Cottage Street in Wilbraham. The Order and today's Penalty are due to environmental conditions observed during inspections that were performed on 10/27/16 and 11/4/16, in response to an anonymous complaint received by MassDEP regarding the presence of friable asbestos containing materials at the property in poor condition. The inspections confirmed violations of asbestos regulations including improperly covered thermal system insulation (TSI); pieces of TSI on the boiler room floor, and storage of removed other asbestos containing material uncovered and un-wetted. A number of transite pipes were also stored in the mill yard. Abandoned containers of unknown liquids, potentially hazardous waste or waste oil, were observed within the buildings at the site. Piles of solid waste debris including numerous scrap automobiles, tires, piles of construction and demolition debris and metal drums were noted at the property. A number of fluorescent bulbs and ballasts had been disposed of with conventional solid waste. Finally, a leaking oil supply line (since repaired by owner) was identified in the boiler room, with significant amounts of absorbent materials had been deployed on the basement floor to collect and contain this oil. The Order set a schedule for WL&D to correct the violations noted, develop a universal waste management plan, and investigate a potential abandoned oil storage tank located below the boiler room floor. WL&D did not respond to that Order, which led to today's Penalty.   


Date: 2/22/17
municipality: ['Rowley']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving DSK Realty Trust for Waste Site Cleanup violations at 36 Main Street in Rowley. DSK is the owner of the property where a gas station/auto repair shop is located. A truck ran into the pump island and the responsible party undertook to remove soil and replace tanks. Specifically, the violations currently center on the failure to meet deadlines set out in an enforcement document dated 10/28/16. Today's Order contains a payment of $4,000 with $26,000 suspended as well as a stipulated penalty provision for any missed deadlines.


Date: 2/22/17
municipality: ['Middleborough']
Text:
  MassDEP issued a Demand for a $12,000 Stipulated Penalty Provision to A-Plus Waste and Recycling Services, LLC, in Middleborough. A-Plus Waste and Recycling Services, LL violated the terms of a previous Consent Order by not submitting three biweekly reports; not removing the approximately 1,000 cubic yard stockpile of compost material by 9/1/16; not screening and removing the estimated 13,680 cubic yards of finished and cured compost from the site by 10/1/16; not screening and removing compost and removing waxed cardboard from the site by 12/31/16; and, by failing to notify MassDEP 24 hours prior to change in site work on two occasions. The Stipulated Penalty Demand Notice requires A-Plus to pay $12,000 within 30 days. MassDEP had entered into a Consent Order with A-Plus for noncompliance with the applicable Solid Waste Regulations for their compost operation at 88 River Street.  A-Plus held a General Permit with MassDEP for Composting (including food material) in Middleborough.  A-Plus violated MassDEP solid waste regulations by generating off-site offensive/nuisance odor conditions and not using best management practices at the site.  MassDEP revoked the site's General Permit for composting and required A-Plus to follow an updated Operational Plan for Compost Materials Removal and Odor Control Plan ("the Plan") for the management and subsequent removal of the existing compost material on site and minimization of off-site nuisance odors.


Date: 2/22/17
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Norton Middle School for Groundwater Discharge violations involving the Wastewater Treatment Plant. The violations were for failure to adequately treat and discharge wastewater from the Middle School WWTP in accordance with their Groundwater Discharge permit. Under today's Order an evaluation of the plant will be completed to determine its ability to operate in compliance with the existing permit. If modifications are needed, today's Order includes timeframes for the submission of deliverables and the completion of the work. Today's Order also includes a $12,650 Penalty which will be suspended provided the Norton School Department fully complies with the terms of the Order.


Date: 2/22/17
municipality: ['Ludlow']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Northern Arch Management, LLC, for Waste Site Cleanup violations in Ludlow. Northern Arch Management, LLC, failed to notify MassDEP within two hours of a sudden release of 15 gallons of hydraulic fluid that occurred at the Ludlow Service Plaza on the Massachusetts Turnpike in Ludlow. On 7/15/16, MassDEP was notified by Cumberland Gulf, operator of the service plaza, regarding a spill of an estimated fifteen (15) gallons of hydraulic fluid due to the failure of the hydraulic system on a compactor serving the MacDonald's franchise at the property. The MacDonald's Franchise is operated by Northern Arch Management, LLC.  As reported, the hydraulic fluid spill was discovered by Cumberland Gulf while inspecting pavement staining at the site in the vicinity of the compactor. Gulf indicated that they were advised that an employee of Northern Arch was operating the compactor on 7/13/16 at approximately 2


Date: 2/16/17
municipality: ['Swansea']
Text:
  MassDEP entered into a Consent Order with a $17,820 Penalty involving Kwik Lube N Tune Inc. of Swansea. The station was found to be in violation of regulations pertaining to discharge of pollutants to ground waters of the Commonwealth, specifically use of injection well, and the failure to post waste oil accumulation areas along with failure to keep tanks containing hazardous waste closed. The Order, in addition to the Penalty, requires the responsible party to return to compliance before commencing operations.


Date: 2/10/17
municipality: ['Falmouth']
Text:
  MassDEP entered into an Amendment to a Consent Order with Falmouth Transfer Station pertaining to Solid Waste Regulations. Falmouth Transfer Station agreed to permit modification and relocation of its household hazardous waste, recycling collection and metal collection area. The amendment also permitted Falmouth Transfer Station to provide removable safety railing and installing closed circuit cameras to assist the town on Falmouth in better monitoring of the Transfer Station. 2/8/17


Date: 2/6/17
municipality: ['Maynard']
Text:
  MassDEP entered into a Consent Order with a $33,050 Penalty with the town of Maynard for Water Supply violations. The town of Maynard operates a Public Water System and Wastewater Treatment Facility. In January 2016, the town of Maynard exceeded the maximum contaminant level for total trihalomethane (disinfection byproduct) in drinking water and failed to conduct public notification within 30 days of knowledge. MassDEP conducted an inspection at the WWTF and determined that equipment and alarms were not functioning properly. The town of Maynard had also exceeded its discharge permit limits for total residual chlorine and fecal coliform. Today's Order requires the town to implement items identified in their Drinking Water corrective action plan including permitting and installation of treatment modifications. Finally, the town will submit to MassDEP a comprehensive evaluation of their WWTF focused on their chlorination/de-chlorination system and backup power supply. As the town has agreed to fully comply, MassDEP has agreed to suspend the penalty of $33,055.


Date: 2/3/2017
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Rogers Street Partnership LLC for Waste Site Cleanup violations at 75 Rogers Street in Lowell. Rogers Street Partnership is the owner of the property at 75 Rogers Street in Lowell. The property is a former mill building/tannery on the Concord River and is being sold. Specifically, the violations were for failure meet deadlines MassDEP issued in a previous Notice of Noncompliance on 2/5/16. Under today's Order, $1,000 of the Penalty will be paid, and the remaining $1,000 will be suspended as well as a stipulated penalty provision for any future missed deadlines.


Date: 2/1/17
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with an $8,500 Penalty involving Wood Trucking Corp. for Wetlands violations at 27R Farm Avenue in Peabody. The violations concern the alterations of approximately 700 square feet of Bordering Vegetated Wetland (BVW), within a wetland replication area required by a previous Consent Order. This area was altered by up to 6 inches of silt that had been eroded from a large stockpile of fill material during a significant storm event. The BVW alteration was reported to MassDEP by the wetland scientist monitoring the replication area. Immediate steps were taken at the direction of MassDEP to remove the silt, overplant with seed, and implement corrective site stabilization measures. The Order requires monitoring, reporting and compliance with functional BVW performance goals in the replication area. The document also contains payment of the total penalty of $8,500.  


Date: 1/31/17
municipality: []
Text:
  MassDEP issued 84 Notices of Noncompliance in January relative to Underground Storage Tank (UST) Enforcement. The UST facility owner/operators failed to have third-party inspections completed by their respective due dates through last November. MassDEP has given the offenders 45 days to return to compliance, and those that fail to do so will be subject to additional enforcement measures, including financial penalties. UST facility owner/operators are required to hire MassDEP-approved Third-Party Inspectors (TPIs) to inspect their tank systems every three years. TPIs report their findings to the agency. While they also provide advice to their clients about compliance issues, TPIs are not authorized to enforce laws and regulations. More information


Date: 1/26/17
municipality: []
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Fountain Plating Company, Inc., for Air Quality and Hazardous Waste Management violations in West Springfield. Based on information from a MassDEP inspection and data submitted by the company, MassDEP determined the company had failed to apply for an air quality plan approval for a dip-tank masking operation and had submitted late and inaccurate air quality plan approval reports. The company also failed to comply with hazardous waste labeling standards. As part of the Consent Order, Fountain Plating will pay $8,500 of the Penalty with the remaining $3,000 was suspended pending the company's compliance with the terms of the agreement.


Date: 1/25/17
municipality: []
Text:
  MassDEP issued a Unilateral Order to Azon Realty LLC for Waste Site Cleanup violations in Agawam. Azon Realty LLC previously had filed a 'temporary solution' in September 2011 relative to a release of chlorinated solvents from historic dry-cleaning operations. The release of these solvents occurred on the site. The site is currently occupied by a new owner that operates a commercial business at this location. The temporary solution however, relied on the continued operation of a sub-slab depressurization system (SSDS) to maintain indoor air concentrations suitable for occupancy. Semi-annual documentation that the SSDS is operational and indoor air is suitable for occupation of the on-site building has not been provided to MassDEP, as is required under the terms of the temporary solution. Also, the required five-year periodic review was not submitted. The five-year review is to affirm that the conditions that support the temporary solution are being maintained. Azon Realty LLC has not responded to previous MassDEP attempts to correct the violations, and has not responded to MassDEP's issuance of a Notice of Noncompliance. Today's Order now requires Azon Realty LLC to evaluate indoor air conditions, conduct an imminent hazard evaluation, and determine whether the conditions for this temporary solution are being achieved.


Date: 1/25/17
municipality: ['Holyoke']
Text:
  MassDEP issued a Unilateral Order to Paracha, Inc. for Waste Site Cleanup violations in Holyoke. Paracha, Inc. filed a 'permanent solution' statement in May 2015 with MassDEP relative to the release of chlorinated solvents from former dry-cleaning operations that previously had operated at this location. A Department audit of the permanent solution statement in March 2016, however, identified several data gaps, including lack of investigation of potential sources of contamination and inadequate evaluation of potential indoor air exposure to chlorinated solvents that resulted in the Department issuing a Notice of Noncompliance. Paracha, Inc. did not provide adequate response to the NON and did not respond to an interim deadline extending the period of time to return the site to compliance. Today's Order directs Paracha, Inc. to collect the necessary data to achieve (or re-establish) a permanent solution or to conduct other necessary response actions.


Date: 1/24/17
municipality: ['Somerset']
Text:
  MassDEP entered into a Consent Order with a $29,100 Penalty involving Sherwood Building Company for Asbestos violations at 1515 Riverside Drive in Somerset. The company failed to hire an Asbestos Inspector to conduct an Asbestos Survey prior to demolition and renovation activities, failed to submit notification to MassDEP, as well as failure to comply with asbestos removal and work practice requirements. Sherwood Building Company was renovating a former elementary school building that they owned and planned to lease to a public charter school. The renovations work resulted in the disturbance of asbestos containing wall and ceiling plaster throughout the school as well as asbestos containing thermal system pipe insulation in the basement. Sherwood Building Company has been assessed a civil administrative penalty of $29,100, and $8,100 is payable within thirty days. Thereafter, $18,000 will be paid in four quarterly installments ($4,500 each) over the next year. The remaining $3,000 will be suspended for one year provided Sherwood Building Company does not violate any provisions of the Order or does not further violate any of the regulations.


Date: 1/20/17
municipality: []
Text:
  MassDEP entered into a Consent Order with Bernardston Fire and Water District to address violations including


Date: 1/17/17
municipality: ['Bourne']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the Villages of Brookside Condominium for violations at its wastewater treatment facility in Bourne. Brookside failed to install backup power at the remote pump stations in accordance with the approved plans. Today's Order ensures that installation of a generator at each pump station pursuant to the approved plans. A civil administrative penalty in the amount of $5,750 will be paid to the Commonwealth within 30 days.


Date: 1/17/17
municipality: ['Southwick', 'Westfield']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Genuine Parts Co. (d/b/a Napa Auto Parts, Inc.) for Hazardous Waste Management violations in Southwick and Westfield. Genuine Parts Co. owns and operates multi-state auto parts supply stores. As a result of inspections conducted at the company's Napa Auto Parts stores located in Southwick and Westfield, MassDEP identified that these facilities were transporting waste oil generated by another facility without a valid license to transport hazardous waste. In addition, MassDEP identified a number of violations related to the handling of waste oil at those facilities. As part of the settlement agreement, Genuine Parts Co. will correct the violations, conduct an audit of all of their owned and operated stores in the Commonwealth, and pay $8,000 of the Penalty with an additional $2,000 suspended pending the company's compliance with the terms of the Order.


Date: 1/12/17
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Camp Greylock relative to Groundwater Discharge violations in Becket. Today's Order requires Camp Greylock to come into compliance through the construction of a Groundwater Treatment Facility due to a wastewater design flow greater than 15,000 gallons per day. A penalty in the amount of $5,750 is suspended in its entirety, provided Greylock complies with the requirements of today's Order.


Date: 1/11/17
municipality: ['Colrain']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Foundry Acres, a small public water system in Colrain. Foundry Acres serves a neighborhood of homes, but needs to comply with the requirements for a redundant source or secondary storage. Alternatively, some residents may elect to develop their own private wells, a reduction in the population served by Foundry Acres that would bring the system below the threshold that triggers public water system requirements.


Date: 1/6/17
municipality: []
Text:
  MassDEP issued a Public Notice (non-boil order) to the Stoughton Water Department (population 25,954)  will be issuing a Tier I Notice today pursuant to the requirements of the Groundwater Rule. The system received notification from their lab yesterday evening (1/5/17) that a raw water sample collected from groundwater source (Muddy Pond) had tested positive for E. coli. The system chlorinates but is not certified for 4-log (or 99.99% removal/inactivation) for this source.  The Muddy Pond source has been taken off line. Distribution system samples collected on the same day have tested absent for both total coliform and E. coli. The Stoughton Water Department will collect the required five (5) repeat raw water samples this morning while pumping the source to waste. The region will work with the system on corrective actions based on the results of the additional sampling, and an inspection of the source. The Stoughton Water Department is interconnected with the MWRA and can take additional water as needed from the MWRA system to make up any water shortage which may result due to this source being taken off-line.


Date: 1/4/17
municipality: ['Gill']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the town of Gill for Water Supply violations at the Gill Elementary School in Gill. The School needs to install ultraviolet disinfection to allow the school to complete design changes to incorporate pre-filtration that is necessary to reduce iron and manganese prior to the UV disinfection.


Date: 1/4/17
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Northeast Behavioral Health for Waste Site Cleanup violations at 162 Federal Street in Salem. Northeast Behavioral Health is the owner or former owner of the property at 162 Federal Street. The property is a former school building. The violations were for failure meet deadlines set out in a previous Consent Order dated 4/28/14. Today's Order includes payment of a $5,000 Penalty with $25,000 suspended as well as a stipulated penalty provision for any missed deadlines.


Date: 1/3/17
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Quality Auto Repair for Hazardous Waste and Groundwater Discharge violations in South Hadley. As a result of an inspection of its South Hadley facility, MassDEP identified that the facility was discharging oil-contaminated wastewater directly to the land surface. In addition, MassDEP identified a number of violations related to the handling of waste oil at the facility.  As part of the settlement agreement, Quality Auto Repair will correct the violations and pay $2,000 of the Penalty with the additional $2,000 suspended pending compliance with the terms of the Order.


