# MADEP_enforcement

Date: 12/12/12
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving NuCedar Mills, Inc., for Air Quality violations in Chicopee.  MassDEP identified excess emissions of volatile organic compounds (VOC) through a review of the company's annual air quality reports. The excess emissions occurred from February to August of 2011.  In addition, the company was cited for not reporting the exceedances to MassDEP and failure to record in its annual report the proper VOC-content of the coatings it was utilizing.  As part of today's Order with MassDEP, NuCedar Mills, Inc. is required to correct the violations and pay the $9,000 Penalty.12/12/12


Date: 12/5/12
municipality: ['Boxborough']
Text:
  MassDEP entered into a Consent Order with $4,100 Penalty involving 629 Massachusetts Ave, LLC for Water Supply violations in Boxborough.  The company will correct violations of the Drinking Water Regulations that occurred at its Public Water System, which serves businesses at Boxborough Commons.  Based on review of monitoring reports and inspection of the public water system serving this location, MassDEP determined that the owners had failed to properly monitor the drinking water and had not retained the services of a Certified Operator, as required by the applicable regulations.  Under today's Order, the LLC has agreed to hire a certified operator to oversee sampling and monitoring and other requirements under the regulations.   Through this action, the approximately 100 persons served by this non-transient, non-community system will continue to receive water that is fit and safe to drink.12/5/12


Date: 12/5/12
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with New England Power Company for Wetlands violations in Hampden. New England Power Company d/b/a National Grid will resolve an historic wetlands violation on a site acquired by National Grid for the construction of a substation.  National Grid identified the violation in the course of its work while getting all the proper permitting prior to beginning the substation project.  National Grid self-notified MassDEP of the violation and proposed to restore the altered wetlands.  Today's Order provides for the proper preparation, and replacement of a bordering vegetated wetlands area.  Stipulated penalties are included to ensure that National Grid constructs this restoration area.12/5/12


Date: 12/4/12
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $41,150 Penalty involving NASDI, LLC for Asbestos violations at General Josef Pilsudski Street and Columbia Road in Boston. MassDEP observed during an inspection, NASDI's workers at this address had improperly removed/handled asbestos containing materials.  The respondents operations at the Site were creating visible emissions due to inadequate dust control. In addition, the respondent was not complying with an alternative work practice approval.  As a result of the violations, NASDI will pay $25,000 of the Penalty and the remaining $16,150 will be suspended provided there are no additional violations for a period of one year.


Date: 12/4/12
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $35,625 Penalty involving Yankee Environmental Services, LLC for Asbestos violations at 278 Babcock Street in Boston.  MassDEP observed during an inspection of this address that the Yankee employees had improperly removed/handled asbestos containing materials.  The respondent's operations at the site were creating visible emissions to ambient air due to improper operation of air-cleaning machines and breaches in the asbestos containment area. As a result of the violations observed by MassDEP, Yankee will pay $20,000 of the Penalty with the remaining $15,625 suspended provided there are no additional violations for a period of one year.


Date: 12/3/12
municipality: ['Dartmouth', 'Fairhaven']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving ProGroup Network Inc., d/b/a Certa Pro Painters, for Water Pollution Control and Hazardous Waste Management violations in Dartmouth/Fairhaven.  In September 2012, Certa Pro Painters dumped waste paint wash water into a storm drain which ultimately discharged to the Paskamansett River in Dartmouth.  MassDEP met with Certa Pro Painters personnel and inspected their main facility in Fairhaven in October 2012.  Certa Pro Painters conducted immediate response actions to address the release to the surface water.  Based on observations, and review of records, MassDEP determined there were violations of the surface water discharge regulations and those regarding the proper storage and management of hazardous waste.  Certa Pro Painters has corrected the hazardous waste violations, implemented an 'environmental protection policy' for use by its employees in the proper handling/disposal of hazardous waste.  In addition, the company formalized the employee training to prevent any future discharge to storm drains. Certa will pay $2,857 of the Penalty and MassDEP has suspended the remaining $2,875 provided Certa Pro Painters does not have any additional discharges to stormdrains/surface water.  


Date: 11/30/12
municipality: ['Sandisfield']
Text:
  MassDEP issued a Unilateral Boil Water Order to Connie's Silverbrook Cafe, LLC, in Sandisfield.  MassDEP issued the Order in response to e coli detections and total coliform detections within this transient non-community's public water system.  Today's Order requires public notice, emergency response, chlorine disinfection and follow-up actions.11/29/12


Date: 11/27/12
municipality: ['Sharon']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving 47 Delmar Park, LLC, for failing to address Waste Site Cleanup violations at 47 Pond Street in Sharon. Delmar Park failed to address the violations previously stated in Notice of Noncompliance (NON) that MassDEP issued on 6/23/10.  Specifically, Delmar Park failed to submit a tier classification charactering the progress and site conditions. The company was given a thirty (30) day deadline for the submission of the tier classification and failed. Today's Order establishes a deadline of 3/1/13 for the submission of the tier classification.  The Order suspends $12,000 of the Penalty, and contains a payment schedule for the remaining $2,000.       


Date: 11/26/12
municipality: []
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving AAA Auto Clinic for Waste Site Cleanup violations at 600 Main Street in Watertown.  Specifically, the violations were for failure meet deadlines established in a previous Consent Order executed earlier this year on 1/23/12.  Today's Order now requires a phase two report and a phase three report by 9/18/14 and a release abatement measure status or completion report by 12/5/12. MassDEP has agreed to suspend $27,000 of the Penalty with a stipulated penalty provision for any missed deadlines.11/26/12


Date: 11/19/12
municipality: ['Newton']
Text:
  MassDEP entered into a Consent Order with a $16,050 Penalty involving American Environmental Inc. for Asbestos violations at Newton North High School at 360 Lowell Avenue, in Newton. MassDEP performed multiple inspections of the asbestos removal at Newton North High School. American was performing asbestos removal at the site prior to demolition. During the inspections, MassDEP observed dry, friable, asbestos containing waste in containers and contaminated water leaking from the work areas. MassDEP personnel determined that dry removal had been performed in some areas of the building. As a result of the violations observed by MassDEP, American was assessed a fine in the amount of $16,050. American will pay $8,025 and $8,025 will remain suspended, pending continued compliance, for a period of one year.11/16/12


Date: 11/15/12
municipality: ['Millis']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Consumer Solutions REO, LLC, for Waste Site Cleanup violations in Millis.  The company failed to conduct an immediate response action (IRA) in accordance with MassDEP approval. Additionally, the company failed to submit a final response action outcome (RAO) statement.  The IRA approval required confirmatory indoor air sampling which was not conducted.  The RAO violations included failing to determine the extent of soil contamination and failing to determine a conservation exposure point concentration for a drinking water well and indoor air.  Today's Order assesses a penalty of $6,000.  MassDEP has already received a revised RAO on 9/27/12 that corrects the identified violations.   


Date: 11/15/12
municipality: ['Freetown']
Text:
  MassDEP entered into a Consent Order with a $7,800 Penalty involving Joseph W. Machie for Wetlands violations in Freetown. Machie was found to have illegally filled in bordering vegetated wetlands and working within the buffer zone without necessary permits where he resides at 15 Martin Drive.  On multiple occasions the respondent has incrementally altered approximately 10,000 square feet of BVW on his property.  The entire Penalty has been waived as the respondent has demonstrated a financial inability to pay.  Today's Order does require the fill be removed from the Wetlands and that the area be re-vegetated, under a plan that is to be submitted by the respondent, and reviewed and approved by MassDEP.


Date: 11/14/12
municipality: ['Hawley']
Text:
  MassDEP entered into a Consent Order with the town of Hawley in connection with the dredging and subsequent 'channelization' involving five (5) miles of the Chickley River in Hawley following Hurricane Irene in 2011.  Today's Order was executed in conjunction with a Consent Agreement with ET&L Corp., the contractor that performed this work.  Today's Order obligates the town of Hawley to contribute $109,000 to an escrow account established to provide for plantings and long-term monitoring at the site following the restoration by ET &L Corp.  The agreement also resolved investigations that followed this activity by the Natural Heritage Program, the Army Corps of Engineers, and the federal EPA investigation into the work.   Today's Order was also reached with the town's contractor ET&L Corp. at the same time.11/14/12


Date: 11/13/12
municipality: ['Dartmouth']
Text:
  MassDEP issued a Consent Order with a $4,850 Penalty involving Midway Realty, LLC, for Asbestos violations in Dartmouth.  Midway Realty was in noncompliance at the former Lincoln Park on State Road in Dartmouth with Asbestos regulations for not properly containerizing and labeling the asbestos material and for not filing a notification with MassDEP prior to the removal of asbestos material.  Today's Order contains a $4,850 Penalty with $1,850 suspended under the small business policy11/13/12


Date: 11/13/12
municipality: ['Auburn', 'Millbury', 'Worcester']
Text:
  MassDEP issued a Unilateral Order to Elm Hill Water District in Auburn; the Millbury Park Owners Association in Millbury; and, the city of Worcester.  MassDEP issued individual Unilateral Boil Water Orders to each of these three entities as a result of an 11/12/12 break in a 30-inch diameter water main located on Chandler Street in Worcester.  The boil orders were put in place due to the large volume of water lost during the break, and required that the water suppliers conduct testing to assure the quality of the water was safe to drink, and further to provide public notice, and implement their respective emergency response plans.  On 11/14/12, these Orders were all lifted when it was demonstrated that the systems had been returned to an operating state of providing safe potable drinking water.  Both the Elm Hill Water District, which serves a population of approximately 2,200 persons, and the Millbury Industrial Park/Park Hill Village, which serves a population of approximately 400 persons are regulated by MassDEP as consecutive community water systems to the city of Worcester's public water system.  The City of Worcester system serves a population of approximately 181,000 persons. These actions assured the safety of the water supplied to a population of approximately 183,600 persons.  


Date: 11/10/12
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Waterfront Grill at 36 Homers Wharf, LLC in New Bedford for Chapter 91 violations. MassDEP originally entered into a Consent Order with the LLC on 7/11/11, and, at that time, fully suspended a penalty of $11,500 for this unauthorized, non water dependent structure or use (seasonal temporary patio bar). The structure is located on Commonwealth tidelands in violation of Chapter 91 and the Waterfront Regulations. The respondent failed to comply with the terms of that Consent Order by failing to timely submit license application.  Today's amendment requires a Penalty payment of $3,000 and gives the respondent until 12/1/12 to submit an application.


Date: 11/9/12
municipality: ['Ware']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Covidien, LP for Waste Site Cleanup violations in Ware.  MassDEP requires documentation to demonstrate compliance with the Massachusetts oil and hazardous materials cleanup regulations at a site located at 20 Cummings Street in Ware.  Subsequent to 1987, one or more underground storage tanks located at the site were found to be leaking.  Cleanup was conducted, and in1996, a response action outcome statement that contained a temporary solution statement was filed relative to this site. As required by MassDEP regulations, Covidien is required to file a periodic review of this 'temporary solution' every five years.  The company submitted the first five-year periodic review on a timely basis, but was significantly late in filing the second and third submittals. Failure to submit these required reviews demonstrates a pattern of noncompliance.  The company has agreed to pay a $1,000 Penalty and has instituted corrective actions to avoid future violations.11/7/12


Date: 11/7/12
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with a $7,762.50 Penalty involving MSW Power Corporation for Solid Waste violations at 42 Long Pond Road in Plymouth. MassDEP determined that MSW Power had moved a waste-to-energy gasification unit approved for operation at one site to another unpermitted site in Plymouth without prior approval from MassDEP.  Pre-operational testing of the unit caused air emissions requiring a response by the Plymouth Fire Department.11/2/12


Date: 11/1/12
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with a $43,150 Penalty involving John C. Martorilli as trustee of JOMAR Realty Trust, for Asbestos violations at 11 Exchange Court in Waltham. MassDEP responded to a complaint of improper asbestos removal at the site.  During the complaint response, MassDEP inspected the basement at the site and observed dry, friable, bags of asbestos containing pipe insulation which had been improperly removed. MassDEP personnel responded to a second complaint at the site and determined that the improperly bagged asbestos waste had been moved to a dumpster on the property.  MassDEP determined that a notification had not been filed prior to the asbestos removal as required by the regulations.  As a result of the violations observed by MassDEP, JOMAR was assessed a $43,150 Penalty. JOMAR will pay $5,000 and the remaining $38,150 will remain suspended for one year, pending compliance.  In addition, JOMAR will send an employee to asbestos associate project worker training within 90 days. The small business policy was utilized in reaching this agreement.


Date: 10/31/12
municipality: []
Text:
  MassDEP issued Unilateral Orders to the following public water systems (PWS) in western Massachusetts. Each has failed to submit for multiple years the required "Drinking Water Program Annual Statistical Reports." The systems are


Date: 10/17/12
municipality: ['Petersham']
Text:
  MassDEP issued a Declaration of Water Emergency to Harvard Forest for its facility in Petersham.  The water system at this facility as operated by Harvard College was issued the Declaration to permit the use of bulk water to ensure an adequate supply to its users following a failure of the facility's well pump and its need to replenish storage tanks.10/16/12


Date: 10/15/12
municipality: ['Wrentham']
Text:
  MassDEP issued a Unilateral Order to Lewicki & Sons, Inc. for Solid Waste violations in Wrentham. Lewicki & Sons, Excavating, Inc will cease acceptance of all solid waste materials at a property it owns in Wrentham and cease the following violations. MassDEP found, in response to a notification of a fire by the Wrentham Fire Department, while inspecting the site that wood waste material had been disposed at the site and that it was smoldering with wood smoke being emitted into the air. MassDEP further observed a dump-truck load of yard waste being delivered to the site. MassDEP's records indicate that the site is not registered with MassDEP as a yard-waste composting operation or as a wood-chipping and shredding operation nor permitted as a wood-waste landfill.


Date: 10/15/12
municipality: ['Bellingham']
Text:
  MassDEP entered into a Consent Order with the town of Bellingham for Drinking Water violations. MassDEP found Bellingham failed to maintain compliance with the requirements of the Ground Water Rule (GWR) portion of the Drinking Water Regulations.  The Town informed MassDEP of a verified fecal indicator-positive result in a sample taken at its Cliff Road Well that triggered certain requirements under the GWR.  This fecal result should have triggered the town to take corrective action and issued Public Notice.  Under today's Order the town is required to adopt an interim monitoring program, and establish an enforceable schedule to permit and construct a treatment facility for the Cliff Road Well.  Through today's Order, the town will remain in compliance with the Drinking Water Regulations while bringing the Cliff Road Well into compliance with the GWR, and continue to provide water that is safe and fit to drink to a population of 15,366.  


Date: 10/12/12
municipality: ['Hardwick']
Text:
  MassDEP issued a Declaration of Water Emergency to Eagle Hill School Foundation, Inc. located in Hardwick. MassDEP issued the Declaration to ensure an adequate supply to its users following a failure of the school's well pump and its need to replenish storage tanks.10/12/12


Date: 10/2/12
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with a $5,484 Penalty involving Cooley-Dickenson Hospital for Solid Waste violations in Northampton. MassDEP determined that the Hospital made improper shipment of regulated medical waste to a local solid waste management facility.  As part of the settlement, the Hospital will pay a penalty of $5,484 and complete a Supplemental Environmental Project (SEP) valued at $21,936.  Under this SEP, the Hospital will provide the supplies and materials for Hampshire County communities to have access to residential drop-off locations for household generated regulated medical wastes.10/2/12


Date: 10/2/12
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $5,172 Penalty involving Bay Plum, LLC [d/b/a Mill Pond Park] for Water Supply violations in Great Barrington. Mill Pond Park is a community public water supplier and in that capacity, failed to notify MassDEP or the local Board of Health of an emergency condition.  The Park also failed to implement the Emergency Response Plan for a public water supplier and is in noncompliance with the required redundant sources and/or storage for community water suppliers that are dependent on groundwater sources.  Today's Order includes a schedule of actions to improve emergency response, notification and adequate sources and/or storage. The Park will also pay $1,500 of the Penalty with the remaining $3,672 suspended pending compliance with the provisions of today's Order.10/2/12


Date: 9/28/12
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $23,000 Penalty involving Paige Road Trust No. 1 for Wetlands violations at 542 Greenwich Road in Hardwick.  Erik L. Fleming and Torrance Watkins are listed as trustees in connection with site development work that was undertaken to support an existing horse farm. The work was undertaken without applying for and receiving permits under the Massachusetts Wetlands Protection Act and the Massachusetts Clean Waters Act. In response to a complaint received from the town of Hardwick's Conservation Commission, MassDEP conducted a site inspection on 1/23/12. During the inspection, MassDEP observed that over 1/2 acre of 'riverfront area' had been altered by cutting and clearing vegetation. In addition, potential impacts were noted on other resource areas within the riverfront area.  Under today's Order, the Trust is required to retain the services of a wetland's scientist to conduct additional field work and prepare a site plan detailing all of the 'areas subject to protection at the site and those areas impacted by site work.'  Once this plan is reviewed and approved, the Trust is required to submit a resource area restoration plan by 12/14/12 followed by implementation in the spring of 2013.  Today's Order also requires the Trust to pay a civil administrative penalty of $13,000 of the Penalty with the remaining $10,000 suspended contingent upon the Trust complying with today's Order.9/28/12


Date: 9/24/12
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with Village Greene Condominium Association in Belchertown. MassDEP concluded today's Order with Village Greene Condominium Assn concerning repeated exceedances of the maximum contaminant level for total coliform bacteria in the drinking water.  Today's Order includes response actions including the addition of disinfection should additional violations of the total coliform rule occur within one year.9/24/12


Date: 9/19/12
municipality: ['Wales']
Text:
  MassDEP issued a Unilateral Order to Wales Brookside Village, LLC to address a water supply emergency at this facility in Wales. The local Board of Health notified MassDEP for the public water system's customers. Under today's Order, the facility is required to provide for the delivery of bottled water during the course of this emergency.9/18/12


Date: 9/14/12
municipality: ['Harvard']
Text:
  MassDEP executed a Consent Order with a $19,937 Penalty involving Thirty-Six Ayer Road Realty Trust, and Scott Evans, d/b/a Hillside Garage for Waste Site Cleanup violations in Harvard.  Following notification in 2008 and 2009 of two separate, historic releases of gasoline and oil at the site, the Trust initiated an immediate response action to excavate contaminated soil.  In September 2009, MassDEP issued a notice of noncompliance (NON) for failing to conduct the tier classification (determining the extent of contamination).  The Trust did not respond to MassDEP's NON. During an audit conducted in July 2011, MassDEP found that soil was excavated and remained stockpiled on-site.  The $19,937 Penalty was issued for failing to tier classify the extent of the contamination, conduct immediate response actions, and submit status reports, and dispose of remediation waste.  The Trust will pay $1,000 of the Penalty, with the balance suspended based upon application of the small business mitigation policy, and contingent upon conducting the response actions.


Date: 9/13/12
municipality: ['Hopkinton']
Text:
  MassDEP issued a Boil Water Order to the Village at Highland Park, a community public water system located in Hopkinton that serves a population of approximately 50.  The public water system has been directed to implement their Emergency Response Plan, including


Date: 9/7/12
municipality: ['Conway']
Text:
  MassDEP concluded a Consent Order with Baker's Country Store for Water Supply violations in Conway. MassDEP concluded today's Order with Helen Baker d/b/a Baker's Country Store, a public water system, concerning repeated exceedances of the maximum contaminant Level for total coliform bacteria in the drinking water.  Today's Order includes required response actions, including the addition of disinfection should additional violations of the total coliform rule occur within one year.9/5/12


Date: 9/5/12
municipality: ['Chicopee', 'Lee', 'Springfield']
Text:
  MassDEP executed a Consent Order with Associated Building Wreckers (ABW) Inc. and Baystate Contracting Services, (BCS)  Inc., for Asbestos violations in Greenfield, Chicopee and Lee.  The violations were discovered during MassDEP's inspections of demolition and asbestos handling work being conducted at locations in Greenfield, Chicopee and Lee.  MassDEP determined that ABW had failed to employ dust mitigation measures and failed to have asbestos-containing floor tiles entirely removed prior to demolishing a building.  BCS had failed to institute proper asbestos handling and disposal procedures while preparing two properties for demolition.  In today's Order, the companies agreed to perform a Supplemental Environmental Project (SEP).   Under this SEP. the company's agreed to properly abate asbestos-containing materials from a building, and thereafter safely demolishing that structure for the city of Springfield.  If ABW and BCS fail to perform and complete the SEP in accordance with today's Order, the companies will be subject to stipulated penalties of up to $36,795 and suspended penalties totaling $12,265.9/5/12


Date: 8/30/12
municipality: []
Text:
  MassDEP issued a Unilateral Order to Standard Plating, Inc, for numerous environmental violations in West Springfield.  Standard Plating is the former operator of a plating facility located at 946 Main Street in West Springfield. MassDEP inspected the property on the morning of 8/30/12, and determined that the building was unsecured, open to trespassing, and that Standard Plating had ceased operations at the location.  Numerous containers of oil and hazardous materials were present within the facility, including plating sludges in vats at the property.  Friable asbestos was present on floors within the building and at the rear of the facility.  MassDEP staff ensured that local officials, including the West Springfield building inspector and fire department were aware of conditions at the site.  Today's Order requires that Standard Plating immediately secure the building, restore fire protection and monitoring to the building, retain licensed asbestos and hazardous waste contractors to address the releases and threats of release of oil, hazardous materials and hazardous waste at the site, and remove all materials from the site within seven (7) days.  Today's Order also requires Standard Plating to retain an asbestos inspector to survey the building and inventory asbestos containing materials, and retain a Licensed Site Professional to assess the site for releases of oil, hazardous materials and hazardous waste to the environment.  MassDEP staff will continue to closely monitor the property to verify that Standard Plating complies with today's Order.8/30/12


Date: 8/30/12
municipality: ['Sterling']
Text:
  MassDEP entered into a Consent Order with a $3,022.50 Penalty involving Laddawn, Inc. for Hazardous Waste Management and Wastewater violations in Sterling. The company discharged very low strength industrial waste water to its on-site septic system, violations that failed to comply with numerous Hazardous Waste Management requirements.  Today's Order requires compliance with applicable regulations, and payment of the Penalty.  Under today's Order the company will pay an additional $3,030 on a Supplemental Environmental Project (SEP) through which the company will purchase a mobile data terminal for the town of Sterling's Fire Department. The terminal will be installed in the Fire Department's Rescue Truck 1.  Today's Order will help ensure compliance with applicable regulations.  


Date: 8/28/12
municipality: ['Clinton']
Text:
  MassDEP entered into a Consent Order with a $37,625 Penalty involving Colleen Cappucci for Asbestos violations in Clinton.  MassDEP determined that Cappucci committed violations of the Asbestos regulations at a rental property she owns in Clinton.  Under the terms of the settlement, the assessed penalty of $37,625 was fully suspended after the existence of financial hardship conditions was demonstrated and provided that there are no further violations for one year.


Date: 8/27/12
municipality: ['Milford']
Text:
  MassDEP executed a Consent Order with GP-Milford Realty Trust, for Waste Site Cleanup violations in Milford. GP-Milford Realty Trust owns property located at 91 Medway Road in Milford.  The Trust requested an extension of response action deadlines to provide a phase four (remedy implementation) plan and a final response action outcome (closure) statement as was established in MassDEP's notice of noncompliance following an audit of cleanup activities at this address.  Today's Order establishes deadlines for submittal of the phase four and final closure reports. Today's Order also contains a stipulated penalty provision should those deadlines not be achieved.  


Date: 8/27/12
municipality: ['Norfolk', 'Walpole']
Text:
  MassDEP executed a Consent Order with Massachusetts Department of Corrections in Norfolk/Walpole. The DOC has entered into an Order that calls for addressing violations of the Drinking Water Regulations that occurred at its Norfolk/Cedar Junction facility that serves as a community public water system. The water system serves four prisons, several support buildings totaling, 3,865 people.  Today's Order requires DOC to address/correct issues including


Date: 8/27/12
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with Two-State Young Men's Christian Association, Inc. for Water Supply violations in Becket.  MassDEP found repeated exceedance of the maximum contaminant level for total coliform at its public water system for the YMCA Camp Becket.  Today's Order requires follow up actions including disinfection if another exceedance occurs within a year.


Date: 8/27/12
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving Levi-Nielsen Company, Inc. for Wetlands violations in Belchertown. The Levi-Nielsen Company was found to be in connection with a failure to comply with the conditions of an Order of Conditions that had resulted in alterations beyond the approved limit of work.  Today's Order requires Levi-Nielsen to retain an environmental contractor, develop and implement restoration plan.  The company will pay $1,000 of the Penalty with $5,000 suspended.8/22/12


Date: 8/21/12
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with VA Health Care Systems for Waste Site Cleanup violations at the facility's campus in (West Roxbury) Boston.  VA Health Care Systems is the owner/operator of the property at 1400 VFW Parkway, West Roxbury.  Specifically, the violations were a failure to meet deadlines in a previous Notice of Noncompliance that MassDEP issued on 3/4/11. The deadline in that NON was extended in an Amended NON three times.  Today's Order contains the requested schedule for returning the site to compliance with the state waste site cleanup regulations and a stipulated penalty provision for any missed deadlines.8/21/12


Date: 8/20/12
municipality: []
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving Spectrum Analytical, Inc. due to Hazardous Waste Management violations at its facility in Agawam. A MassDEP inspection, conducted on February 8, 2012, and a subsequent record review revealed that Spectrum conducted treatability studies on samples of hazardous wastes without obtaining written approval from MassDEP prior to conducting such treatability studies.  During the inspection, hazardous waste housekeeping and labeling violations were also discovered.  Spectrum, which has fully cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. Under today's Order, Spectrum has agreed to pay $7,000 of the Penalty, with the additional $2,000 suspended pending the company's compliance with the terms of the agreement.8/20/12


Date: 8/16/12
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving Stahl-PC Diols for Air Quality violations at 13 Corwin Street in Peabody.  MassDEP found that Stahl-PC Diols violated regulations by exceeding their 9.5 tons per rolling calendar period volatile organic compounds cap, and its hazardous air pollutant emissions caps at the Peabody facility. The facility also failed to report those exceedances in a timely manner.  Today's Order allows them to operate with interim emissions caps, provided that they update their Air Quality Comprehensive Plan Application, which they recently submitted. These updates will provide technical data concerning existing and future air pollution control systems which will allow the facility to operate in compliance with the regulations.  


Date: 8/15/12
municipality: ['Burlington']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Wayne's Drains for environmental violations in Burlington. MassDEP's Environmental Strike Force determined violations relating to illegal discharge of industrial wastewater to a storm drain that discharges to Saw Mill Brook, a headwaters stream of the Ipswich River in Burlington.  In addition, the company was found to have conducted illegal storage and handling of solid waste (primarily catch basin cleanings) without approval from MassDEP and various violations of the regulations pertaining to the operation and maintenance of underground storage tanks. In addition to the Penalty, the company must cease from discharging industrial waste water to storm drains, seek approval from MassDEP for storage and handling of solid waste at their facility in Burlington and must come into compliance with the underground storage tank regulations. During discussion, many of the underground storage tank issues were addressed.  This investigation was initiated based on a tip to the Strike Force Hotline and a compliance inspection by MassDEP.  Video surveillance and site inspections confirmed the illegal activities.  


Date: 8/14/12
municipality: ['Bourne']
Text:
  MassDEP was notified that Superior Court issued a final judgment in which Pocasset Mobile Home Park owner Charles Austin was penalized $250,000 for Massachusetts Clean Water Act violations at Barlow's Landing Road in Bourne. The Superior Court issued a final judgment that requires Austin 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 has had failing septic systems and has been conducting short-term remedial actions that have been ordered by the court during these hearings.


Date: 8/10/12
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with a $3,800 Penalty involving Manafort Brothers Construction for Wastewater violations in Amherst.  MassDEP executed an agreement with Manafort in connection with the unpermitted discharge of wastewater during a construction project at the University of Massachusetts following the failure of a pump and back up pump during bypass pumping.  The spill occurred in the area of the wastewater treatment plant and was quickly cleaned up.  Today's Order requires the company to pay $1,950 of the Penalty and the remaining $1,850 suspended pending compliance over the next two years.  In addition, today's Order requires Manafort to develop a bypass pumping standard operating procedures to avoid future discharges.8/10/12


Date: 8/10/12
municipality: ['Becket']
Text:
  MassDEP issued a Boil Water Order to Becket General Store for Water Supply violations in Becket. The Store operates a public water system and was issued today's Order following a total coliform and an E.coli detection at its sampling points of this public water system.  


Date: 8/8/12
municipality: ['South Hadley']
Text:
  MassDEP issued Notice of Intent to Assess a $20,693 Penalty to, South Hadley Landfill, LLC for violations at its property in South Hadley.  MassDEP issued today's Notice following confirmed odor complaints which occurred between 6/15/12 and 7/27/12.  


Date: 8/6/12
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $39,000 Penalty involving Solutia Inc. for Air Quality violations in Springfield.  Solutia notified MassDEP of Air Quality Title V Operating Permit deviations regarding an emission control device bypass that had lasted for 347 days which resulted in excess emissions to the ambient air.  This reported failure to conduct a visual inspection for pump leaks during the week of 12/18/2011 included the failure to calibrate the biofilter flow and pressure-drop indicators for the calendar month of December, 2011.   As part of today's consent agreement, Solutia, who fully cooperated with MassDEP, agreed to pay a $33,000 Penalty and to correct the violations.  The remaining $6,000 was suspended pending the company's compliance with the terms of the agreement.8/6/12


Date: 7/31/12
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving Universal Wilde, Inc. for Air Quality violations at 48 Third Avenue in Somerville. The violations involved the installation and operation of two heatset printing presses at its facility prior to receipt of the required approval.  This violation resulted in the payment of a $17,250, which includes 'back' annual compliance fees, and the requirement that future actions comply with the regulations. Universal Wilde has cooperated by filing the appropriate plan application and it is currently under review by MassDEP.  


Date: 7/31/12
municipality: ['Florida', 'Monroe']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Iberdrola Energy Projects, Inc ("Iberdrola"), construction contractor for the Hoosac Wind Project for Wetlands violations in Florida and Monroe.  A compliance inspection report dated 5/8/12 (and submitted in accordance with permit requirements) identified events of noncompliance in the form of unauthorized discharges to resource areas on the site.  The violations were, in part, attributed to the failure of the contractor to properly monitor the site, control erosion and to start a pump that was part of the site controls, on the date of violation.  The Order requires that Iberdrola not allow additional sediment-laden stormwater discharges to resource areas and full re-evaluate stormwater construction best management practices at the site, including construction sequencing and construction schedules so as to avoid additional discharges


Date: 7/31/12
municipality: ['Upton']
Text:
  MassDEP entered into a Consent Order with a $1,500 Penalty involving George J. Summers Trucking, Inc. for Industrial Wastewater violations in Upton. During an Underground Storage Tank (UST) inspection, MassDEP determined the company had a floor drain leading to the ground.  Under the terms of today's Order, the company must properly close the floor drain, and remove the UST within ninety (90) days.  In consideration of the company's small-business status and its willingness to hasten the removal of the UST, the entire Penalty will be suspended provided the company has no additional violations within the next year.  Today's Order will ensure compliance with applicable regulations and eliminate any threat of release from the UST.


Date: 7/27/12
municipality: ['Florida', 'Monroe']
Text:
  MassDEP entered into a Consent Order with a $7,184 Penalty involving New England Wind LLC for Wetlands violations in Florida and Monroe. New England Wind, LLC (NE Wind) is the permit holder for the Hoosac Wind Project. A compliance inspection report dated 5/8/12 (and submitted in accordance with permit requirements) identified events of noncompliance in the form of unauthorized discharges to resource areas on the site.  Today's Order requires that NE Wind not allow additional sediment-laden stormwater discharges to resource areas. Further, NE Wind must fully re-evaluate stormwater construction and its best management practices at the site, including construction sequencing & construction scheduling, so that additional discharges are prevented. NE Wind is also required to evaluate impacts to adjacent and downgradient resource areas, and submit a restoration plan providing for the restoration of all impaired resource areas to MassDEP by 8/30/12. Impacted resource areas are to be fully restored upon approval of the restoration plan by MassDEP.


Date: 7/27/12
municipality: ['Ayer']
Text:
  MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the appeal of a previous Unilateral Order involving Willow Road Development, LLC, for Wetlands violations in Ayer.  The original Order, (11/1/11) to this LLC, as Trustee of the Willows Condominium Trust, was due to violations noted off Willow Road in Ayer.  That Order originally issued followed a request for enforcement assistance from the local Conservation Commission.  MassDEP inspectors observed the discharge of silt-laden runoff from a construction project at the above location flowing to adjacent bordering vegetated wetlands, an on-site pond, and eventually to Bennetts Brook.  Today's Final Decision incorporates a 6/27/12 Consent Order with Penalty with Willow Road Development, LLC to complete activities needed to correct the violations.  Today's Order requires the owners to implement approved erosion control plans and maintenance protocols for the site, and to conduct periodic inspections of the controls.  An approved restoration plan will also be carried out in accordance with the requirements of the 6/27/12 Order.  Willow Road Development, LLC will also pay a $9,000 Penalty as a result of these violations.  


Date: 7/27/12
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving Brodney & Sons, Inc., for Asbestos violations at 617 Cambridge Street in Brighton (Boston).  MassDEP responded to a request for an emergency asbestos waiver at 617 Cambridge Street in Brighton and observed during an inspection of the company's work area at the site that they had improperly removed/handled asbestos containing materials.   As a result of the violations observed, the company will pay $5,000 and the remaining $25,100 will be suspended for a period of one year. The small business policy was utilized in reaching this settlement.7/26/12


Date: 7/12/12
municipality: ['Gloucester']
Text:
  MassDEP executed a Consent Order with a $2,860 Penalty involving the National Fish & Seafood, Inc. for Industrial Wastewater violations at 11-15 Parker Street in Gloucester.  During an unannounced inspection by MassDEP at this company's frozen fish processing facility, violations were found consisting of failure to update Operation & Maintenance (O&M) Manual and failure to have the required staffing plan for its on-site Industrial Wastewater Pretreatment System (IWPS).  In addition the company must implement its O&M manual at its IWPS.  National Fish & Seafood, Inc. is a grade 3 (M) facility and there was no grade 3 chief operator on site.  National Fish & Seafood, Inc. will also update and implement the O&M manual, and provide adequate certified operator personnel equal to the grading of its IWPS facility, as required.


Date: 7/12/12
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with 28 Andover Street LLC for Waste Site Cleanup violations at the 28 Andover Street in Andover. Specifically, the violations were for failure to meet an interim deadline established in an earlier Notice of Responsibility MassDEP issued and a Notice of Noncompliance (NON) that was issued 4/20/11. Those required a phase four remedy implementation plan within 180 days or a final Response Action Outcome statement.   MassDEP has agreed to extend the timeline in the NON deadline for 28 Andover Street LLC based on the company's wish to pursue an insurance claim that it did not cause the release. Today's order contains the requested schedule and a stipulated penalty provision for any missed deadlines.7/9/12


Date: 7/9/12
municipality: ['Brockton']
Text:
  MassDEP and the Mass. Registry of Motor Vehicles (RMV) - in a joint enforcement action - took enforcement action involving Awon's Tire & Auto Center, Inc. at 530 North Main Street in Brockton.  In a joint enforcement action, MassDEP and the RMV executed settlement documents with Awon's regarding fraudulent vehicle inspections conducted at its facility in 2012 by a licensed inspector at the station.  Awon's Tire will pay $8,000 of a $16,000 Penalty (the remaining $8,000 will be suspended.  Additionally, in a Last Chance Agreement with RMV, Awon's Tire agreed to a two-year stayed suspension of its license.  Violation of the Last Chance Agreement could result in complete revocation of the inspection license and payment of the suspended $8,000 Penalty.  


Date: 7/9/12
municipality: ['Lawrence']
Text:
  MassDEP and the Mass. Registry of Motor Vehicles (RMV) - in a joint enforcement action - took enforcement action involving auto emissions inspector Luis Lazala (working at Charles Daher's Commonwealth Motors, Inc., 1 Commonwealth Drive, Lawrence).  In a joint enforcement action, MassDEP and the RMV executed settlement documents with Luis Lazala regarding fraudulent vehicle inspections conducted by him at Charles Daher's Commonwealth Motors, Inc. in 2011.  Lazala's Penalty is suspended due to inability to pay.  Additionally, in the Last Chance Agreement with RMV, Lazala agreed to a two-year suspension of his inspector license, with eight months of that suspension served, and the remainder stayed.  Lazala is allowed to reapply for an inspector license at the RMV after 8/31/12.  Violation of the Last Chance Agreement could result in complete revocation of his inspector's license and payment of an $8,000 Penalty.7/6/12


Date: 7/3/12
municipality: ['Monterey']
Text:
  MassDEP issued a Declaration of a Water Supply Emergency to KSA Mass LLC in Monterey.  MassDEP issued the Declaration to address the failure of the treatment system on its active source which serves a summer sports camp.  The Declaration allows KSA Mass LLC to use its emergency source with disinfection and under certain conditions until the active well is returned to normal operations.7/2/12


Date: 7/2/12
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Environmental Restorations, Inc. for Asbestos violations at 158 Moore Street in Lowell.  MassDEP personnel observed during an inspection of 158 Moore St in Lowell that the respondent was improperly removing/handling asbestos containing materials. In addition, MassDEP personnel determined that the air cleaning machine's filters were dirty. As a result of the violations observed by MassDEP, the respondent has agreed to pay $1,500 and MassDEP has agreed to suspend the remaining $1,500 pending compliance for a period of one year.7/2/12


Date: 7/2/12
municipality: []
Text:
  MassDEP announced change to the Stage II Vapor Recovery Enforcement. The U.S. Environmental Protection Agency (EPA) recently issued a rule allowing states to phase out their Stage II Vapor Recovery programs because onboard refueling vapor recovery (ORVR) systems are in widespread use in the motor vehicle fleet nationwide. As a result, MassDEP announced that effective 7/9/12 it will use its enforcement discretion to no longer require the installation, operation and maintenance of Stage II Vapor Recovery systems at


Date: 6/29/12
municipality: ['Colrain']
Text:
  MassDEP entered into a Consent Order with Foundry Acres Association for Water Supply violations in Colrain. Foundry Acres is a public water system that is a small community public water system serving several homes in Colrain.  Today's Order addresses required actions including


Date: 6/29/12
municipality: ['Chelmsford']
Text:
  MassDEP entered into a Consent Order with a $31,500 Penalty involving Nancy Loiselle - as president of Ronald J. Loiselle Inc., for Wetlands violations at 7 Doris Drive in Chelmsford. The property is the site of a construction business that stores heavy snow plow equipment and construction materials.  After observing potential wetland encroachments while conducting a nearby site visit, MassDEP inspected the property and found a total of approximately 1,500 square feet of bordering vegetated wetlands filled in three separate locations, including a section that was the habitat for a rare wildlife species (Blandings Turtle).  Today's Order requires Wetlands resource area field delineation and a successful restoration plan that requires monitoring for up to five years.  Today's Order requires the payment of $5,000 of the Penalty with $26,500 suspended pending compliance with terms.  


Date: 6/29/12
municipality: ['Plymouth']
Text:
  MassDEP issued a Consent Order with a $4,350 Penalty involving Barefoot Cottages LLC for Solid Waste violations in Plymouth. Barefoot Cottages LLC was in non-compliance for contracting the disposal of a special waste (Asbestos) at a transfer station not permitted to accept that material.  Under today's Order, Barefoot Cottages will pay $1,500 of the Penalty with the remaining $2,850 suspended under the small business policy.  


Date: 6/28/12
municipality: ['Norwood']
Text:
  MassDEP executed a Consent order with Jack Madden Ford Sales, Inc. for Waste Site Cleanup violations in Norwood.  Jack Madden Ford failed to comply with deadlines established in a Notice of Noncompliance issued by MassDEP. The Department had previously identified violations of the Waste Site Cleanup regulations, specifically; the requirements applicable to the "Activity & Use Limitations" at this site (825 Providence Highway).  Today's Order establishes deadlines for completing the necessary tasks required to correct these "AUL" violations.


Date: 6/28/12
municipality: ['Charlton']
Text:
  MassDEP issued a 'Notice of Intent to Mobilize' to B&K Development for failure to take corrective actions at the former Charlton Woolen Mill in Charlton. MassDEP issued the Notice regarding contaminated property which the company owns. B&K failed to adequately comply with the conditions of a 5/23/12 Notice of Response Action, which prompted today's Notice. MassDEP will commence certain itemized Waste Site Cleanup actions at the location on or about 7/23/12.


Date: 6/28/12
municipality: ['Dunstable']
Text:
  MassDEP issued a Unilateral Order to Dorothy G. George for Solid Waste and Air Quality violations in Dunstable.  George is the owner and resident of a property located at 304 Lowell Street in Dunstable.  On 5/18/12, representatives of the local Fire Department observed an on-going demolition of a partially collapsed structure by a back-hoe, and the active open burning of solid waste being conducted at this property.  Today's Order was issued to prevent any future illegal open burning at this or any other property in the Commonwealth owned or operated by George, and requires the removal and proper disposal of all remaining solid waste at the property within 60 days.  Additional enforcement is anticipated.


Date: 6/28/12
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with Jack Madden Ford Sales, Inc. for failing to comply with deadlines established in a previously-issued Notice of Noncompliance.  The company violated Waste Site Cleanup regulations at its 825 Providence Highway in Norwood.  MassDEP identified violations of the requirements applicable to the Activity & Use Limitation (AUL) instrument at this site where a release of petroleum was reported in 2004. Today's Order establishes deadlines for completing the necessary tasks required to correct these AUL violations.  


Date: 6/28/12
municipality: []
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty involving George Eacobacci (d/b/a Weymouth Salvage Co.) for Hazardous Waste Management and Solid Waste violations in Weymouth.  MassDEP determined violations identified during an inspection conducted during October of 2011. MassDEP determined there were Hazardous Waste violations regarding generator registration, and management of waste oil/hazardous waste.  In addition there were violations regarding storage of waste including tires, scrap metal, vehicle parts, wood and plastic.  Weymouth Salvage has begun to correct many of the hazardous waste violations including the removal of the solid waste for disposal.  Today's Order contains an aggressive schedule to address solid waste and hazardous waste violations and assess/remediate the potentially impacted soil areas.  


Date: 6/27/12
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $40,177.50 Penalty involving Warrior Fuels for Waste Site Cleanup violations at 904 Rockdale Avenue in New Bedford. Warrior Fuels, Inc. and Warrior Fuel Corp., both of New Bedford, were found to have failed to notify MassDEP of a release of home heating oil within the required two hours, and further, to have initiated response actions without first notifying MassDEP. In addition, Warrior Fuels transported hazardous waste without proper documentation to an unpermitted facility, and exceeded hazardous waste generator registration limits. On 10/4/11, Warrior Fuels, Inc. delivered fuel oil to a 275-gallon above ground storage tank, located in the basement of the residence at 904 Rockdale Avenue, New Bedford. During the delivery, the tank ruptured and released its contents to the basement. WFI did not notify MassDEP of the release and instead attempted to recover product from the basement floor and removed the oil impacted items from the basement to the backyard.  Also, the company transported recovered oil and oil-soaked absorbents to another location.  Today's Order requires Warrior Fuels Corp. to revise its hazardous waste generator status and assesses a penalty in the amount of $48,802.50. The respondents will pay $40,177.50 of the assessed penalty, with the remainder suspended provided the respondent complies with the requirements of the ACOP and there are no further violations for three years.6/27/12


Date: 6/27/12
municipality: ['Ashburnham', 'Leominster']
Text:
  MassDEP issued a Unilateral Order to Naukeag Hospital Realty Trust for Waste Site Cleanup violations in Ashburnham. David L. Murphy of Leominster is the Trustee of the Naukeag Hospital Realty Trust, which was issued the Order for having violated response action deadlines at the Naukeag Hospital located on Lake Street in Ashburnham.  Today's Order requires the submittal of a tier two extension, a RAM status or completion report, phase two, three and four, along with a final response action outcome statement by 8/15/13.


Date: 6/26/12
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with Cabot Place Pump Station General Partnership (consisting of Four, Six and Seven Cabot Place Office Condominium Associations, Inc. and Five Cabot Place, LLC) in Stoughton.  The Partnership was in violation of Water Pollution Control regulations, and has agreed to either repair or replace a nonfunctioning private sewer pump station; or, to design and construct an alternative means of sewage disposal. The general partnership must cease the illegal discharge to the environment and perform a clean-up as needed.


Date: 6/26/12
municipality: ['Littleton']
Text:
  MassDEP executed a Consent Order with Barbara Gendron and James Dong for Solid Waste violations in Littleton. Today's Order requires Gendron and Dong remove and properly dispose of and/or recycle all the solid waste that has accumulated at their property located on Crestview Drive in Littleton.  Today's Order further establishes a schedule for bringing the property back into compliance with applicable regulations, and contains stipulated penalty provisions should any dates in that schedule not be met.  Additionally, the terms require that test pits be dug to ensure that there is no additional solid waste buried on site, and it allows for soil samples to be taken by representatives of the local Board of Health if deemed necessary.  Any Penalty in this case is completely suspended provided the owners comply with all terms of today's Order and have no additional violations for a one year.


Date: 6/25/12
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to Karl E., Edwin and Dena Briggs for Wetlands violations at Major Hill Road in Charlton. MassDEP determined the violations occurred on property located at 2-R Major Hill Road in Charlton, which the Briggs own.  The violations involve the breaching of a beaver dam, and the excavation of 250 feet of a stream.  No permits were issued for these activities that occurred within the Wetland resource areas.  Today's Order requires the owners to cease and desist from all work activities within100 feet of the Wetland resource areas on the property and prevent any further violations of the Wetland Protection Act at the property. Additionally the Briggs are to hire a wetlands specialist to evaluate the wetland resource areas (that have been altered) and prepare a plan to restore the resource areas.  Finally, today's Order also requires the submission of that plan to MassDEP for approval.  This action will result in the restoration of 250 feet of stream and up to 5,000 square feet of Bordering Vegetated Wetland.  


Date: 6/25/12
municipality: ['Arlington']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Coventry Builders LLC for Waste Site Cleanup violations at 19 Rear Park Avenue in Arlington.  Coventry Builders is the operator of the property where the violations were due to the failure to meet deadlines set out in a MassDEP notice of noncompliance issued on 12/8/11.  Today's Order requires a tier two Waste Site Cleanup permit extension submittal by 6/27/12.  It also requires that a final response action outcome statement by 7/31/13.  Coventry will pay $3,000 of the Penalty, and MassDEP agrees to suspend the remaining $27,000 pending compliance. There is also a stipulated Penalty provision for any missed deadlines.6/25/12


Date: 6/22/12
municipality: ['Wareham']
Text:
  MassDEP issued a Unilateral Order to the town of Wareham due to Asbestos violations at 118 Sandwich Road in Wareham. MassDEP determined certain work practice, and waste handling Asbestos violations at this location, a town-controlled residential site.  MassDEP observed that the town had directed its demolition contractor to demolish a fire damaged home and to consolidate asbestos-containing debris on the site before properly removing the asbestos-containing materials ("ACM") from the site.  The town's contractor had damaged asbestos cement shingles with heavy equipment and rendered the ACM friable, or posing a threat of uncontained release. After a second incident had occurred at the site, it was necessary to issue today's Order to instruct the town to cease further work until proper oversight and engineering controls could be established at the site to ensure that no additional asbestos incidents occur.  The town is now seeking proper assistance from a Division of Labor Standards ("DLS") certified Asbestos Designer and Project Monitor to design a suitable clean-up of the property and to establish a proper environmental sampling program.  6/21/12


Date: 6/19/12
municipality: ['Harvard']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Jerome C. Callahan, Jr. for Waste Site Cleanup violations at 262 Ayer Road in Harvard.  Callahan, Jr. is the trustee of the Callahan Realty Trust, which owns the property at 262 Ayer Road in Harvard.   The Trust failed to provide notification to MassDEP within 120 days of knowledge of on-site soil concentrations greater than state standards for petroleum.  The release occurred from an exterior leaking above-ground storage tank.  The Trust, under today's Order, has agreed to pay the Penalty, and has already initiated remediation activities at the site.   


Date: 6/18/12
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with the Massachusetts Department of Conservation and Recreation (DCR) for Tolland State Forest in Otis. MassDEP found that DCR had repeated exceedances of the maximum contaminant level for total coliform bacteria and detection of e.coli in its Tolland State Forest facility.  This public facility has four sources with four separate distribution systems.  Three of the four systems experienced bacteria problems in 2011.  Today's Order addresses specific response and follow-up actions that DCR is required to take in order to address the reportable deficiencies and to provide for future disinfection.  


Date: 6/18/12
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with a $9,057 Penalty involving Jacob's Pillow Dance Festival, Inc. for Water Supply violations in Becket.  MassDEP determined this public water system expanded without prior approval and without the proper operator oversight. Under today's Order the new sources will have adequate protection, or will have the required water quality monitoring.  This public water system is now a non-transient non-community year-round public water system.  Under today's Order, Jacob's Pillow will pay $1,250 of the Penalty and $7,807 will be suspended pending compliance with the provisions of the Order.


Date: 6/8/12
municipality: ['Hudson']
Text:
  MassDEP was notified that Suffolk Superior Court has entered the Commonwealth of Massachusetts proposed Order for Default Judgment involving Roberts Recycling and Dismantling for violations in Methuen.  The Court entered the Order against Roberts Dismantling & Recycling, which is based in Hudson, New Hampshire.  The Court ordered Roberts to pay a civil penalty of $250,000 to the Commonwealth.  In addition, the Court ordered Roberts to pay damages of $325,000 into the, "51 Old Ferry Road Expendable Trust".  This Trust is currently being established by the Secretary of State for the assessment and remediation of the Batteye dumping ground in Methuen.  Roberts illegally disposed of solid waste including, asphalt, brick, concrete and other solid waste at the site.  MassDEP and the Attorney General are conducting settlement negotiations with 11 other companies who delivered waste material to the site in violation state regulations.   


Date: 6/19/12
municipality: ['Merrimac']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving John Cormier, as trustee of B.C Realty Trust, 116 Bear Hill Road, for Wetlands violations in Merrimac. The property is the site of a residential subdivision being built as specified in a local order of conditions (OOC) allowing the work.  In response to a telephone complaint, MassDEP inspected the property and found erosion from the construction site causing siltation to approximately 2,000 square feet of stream channel within a 'bordering vegetated wetland' from stormwater runoff and improper erosion controls.  These actions were not in compliance with the OOC. MassDEP initially directed immediate corrective actions which were performed. In addition to the Penalty, today's Order requires continuing adequate stormwater and erosion control measures, maintenance, and, monthly monitoring and reporting until the project is permanently stabilized.       


Date: 6/20/12
municipality: ['Lowell', 'Townsend']
Text:
  MassDEP issued a Unilateral Order to the Community of Khmer Buddhist Monks, Inc. for Wetlands violations on Townsend and Varnum Avenue in Lowell. The violations include vegetation cutting and clearing, removal of an earthen berm, and filling with gravel within a bordering land subject to flooding.  This activity was conducted in noncompliance with two previous enforcement orders and an emergency certification issued by the Lowell Conservation Commission.  The activity was also conducted pending a decision by MassDEP on an appeal for a request for a superseding order of conditions for an "after-the-fact" work order previously performed on the property without authorization.  Today's Order now requires that activity cease and desist, specific written documentation of activity performed be submitted, removal of gravel and submittal of a vegetation restoration plan.6/15/12


Date: 6/12/12
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with the city of Worcester regarding a January 2012 pollution event in an un-named tributary to Poor Farm Brook.  The stream emanates from a municipal storm drain near Pompano Road.  The city's Department of Public Works (DPW) & Parks investigated the infrastructure in this drainage area, and discovered that a blockage in a sewer had caused a backup of wastewater that ultimately escaped through a break in the sewer line and entered an adjoining storm drain system.  The city subsequently corrected this problem, and continues to monitor bacteria levels in the stream.  Under the terms of today's Consent Order, the city will submit a written summary of actions taken, and an updated Standard Operating Procedure on how it will respond to any future pollution events.  


Date: 6/12/12
municipality: ['Rockland']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Hi-Way Safety Systems, Inc. due to Hazardous Waste Management violations in Rockland. MassDEP determined in October 2011 during an inspection that Hi-Way Safety Systems, Inc. were repeat violations of the hazardous waste regulations regarding generator registration, as well as storage and management of waste oil and hazardous waste.  Hi-Way Safety Systems, Inc. has corrected the violations and will pay the $2,000 Penalty.


Date: 6/8/12
municipality: []
Text:
  MassDEP issued a Unilateral Order to Vincent Oil Co., Inc. due to Air Pollution, Industrial Wastewater and Hazardous Waste Management violations in Southbridge. Today's Order was issued after numerous attempts to get a negotiated settlement failed.  This action will help ensure compliance with applicable regulations.


Date: 6/8/12
municipality: ['New Salem', 'Wendell']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Erving School Union #28 due to Water Supply violations in New Salem. The amendment is regarding the Swift River Elementary School serving New Salem and Wendell.  The School, a non-transient, non-community public water system has experienced repeated exceedance of the maximum contaminant level for total coliform bacteria within the past twelve months.  Today's Order is in response to a repeated incident including required disinfection and corrective actions.6/7/12


Date: 6/6/12
municipality: ['Springfield']
Text:
  MassDEP issued a Unilateral Order to J.B. Justice & Company due to Waste Site Cleanup violations in Springfield.  J.B. Justice is a trucking company based in Houston, Texas. The company was in violation for multiple waste site cleanup violations.  On 10/30/11 at approximately 3


Date: 6/4/12
municipality: ['Clinton']
Text:
  MassDEP issued a Unilateral Order with the town of Clinton requiring the town address the current conditions at the town's landfill and the leachate discharging from it into the southern cove at South Meadow Pond.  On 1/16/09, MassDEP issued an approval of the 'corrective action alternatives analysis' permit application submitted by the town.  The CAAA separately evaluated remedial (i.e., corrective action) alternatives for addressing impacted groundwater migration and discharge to South Meadow Pond, and impacted South Meadow Pond sediment.  The Town appealed the issuance of this permit, but later agreed on withdrawing the appeal.  The town and MassDEP have been evaluating the remedial requirements for the landfill and the pond, and have determined that recapping the landfill would be more effective and efficient than a pump and treat system.  Today's Order outlines the requirements for the recapping landfill closure, restoring the impacted cove capping, and establishes deadlines and milestones to help facilitate the closure and capping process.


Date: 6/1/12
municipality: ['Fitchburg', 'Leominster']
Text:
  MassDEP entered into a Consent Order with a $6,612.50 Penalty involving the Brideau Oil Corp. due to Waste Site Cleanup violations at 9 Eden Glen in Leominster. Brideau, which is based in Fitchburg, was cited for violations following a release of home heating fuel oil at a residence located in Leominster on 1/6/11. MassDEP was not made aware of the release until 3/14/11 when called by the local Board of Health following their inspection of a complaint concerning oil on the road near the release.  Under the terms of today's Order, Brideau agreed to review and revise its spill management plan, and pay the full $6,612.50 Penalty for its failure to provide timely notification, and for its failure to conduct 'immediate response action' at the site.    


Date: 6/1/12
municipality: ['Leicester']
Text:
  MassDEP issued a Boil Water Order to the YWCA New England Regional Council, Inc. in Leicester. The YWCA is the owner and operator of the YWCA Camp Wind in the Pines facility, which is a transient non-community public water system that serves a population of approximately 100 persons.  The Order followed the initial notification to the public water system that a routine bacteria sample had confirmed 'positive' for total coliform and 'negative' for e.coli bacteria.  Today's Order establishes a number of requirements to be completed over the next 30 days to bring the public water system into compliance with applicable regulations.    


Date: 6/1/12
municipality: ['Stockbridge']
Text:
  MassDEP issued a Boil Water Order to the Oronoque Condominium Association for Water Supply violations in Stockbridge. The Oronoque Condominium Association was issued today's Order due to high counts of total coliform bacteria within its distribution system.  Counts ranged from 145 to 260 colonies per 100 milliliters.  The Order requires notice to users, disinfection, follow-up bacteria samples and chlorine residual monitoring, and correction of the cause of the contamination.6/1/12


Date: 5/30/12
municipality: ['Dracut']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving Beaver Brook Mills Trust for Waste Site Cleanup violations in Dracut. The Trust is the owner of the property at Beaver Brook Island in Dracut where violations included failure to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 10/1/10. Today's Order requires a phase two report and if applicable a phase three remedy implementation plan by 4/11/13, a phase four by 9/15/13 and a final response action outcome statement by 3/11/14.  The Trust will pay $2,500 of the Penalty, and MassDEP has agreed to suspend $27,500 of the Penalty and including a stipulated penalty provision for any missed deadlines. Beaver Brook Mills Trust plans to use alternative energy products in the development of the property.5/30/12


Date: 5/21/12
municipality: ['Holliston', 'Natick']
Text:
  MassDEP executed a Consent Order with an $11,056.80 Penalty involving Capital Contractors, Inc. for Air Quality and Solid Waste violations in Holliston.  The company, which is based in Natick, committed the violations as its property it formerly owned in Holliston.  Representatives from both the local Fire Department and MassDEP determined that the company burned construction and landscaping debris in the open at the site.  Today's Order requires this small business to maintain compliance with all applicable regulations in the future, and pay a $1,200 Penalty.  The remaining balance of the Penalty, $9,856.80 will be suspended provided the company does not violate the terms of the Order for a one-year period.  This action will help ensure the proper management of the company's solid wastes and eliminate emissions to the ambient air from illegal open burning.


Date: 5/21/12
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving MECHO Contracting, Inc. for Asbestos violations in Southbridge. MECHO Contracting, Inc., which is based in Methuen, is a Mass. Department of Labor Standards licensed asbestos contractor.  The violations were observed in March 2011 during an inspection conducted by MassDEP at a Southbridge residential property.  MECHO personnel failed to seal the work area where the asbestos-containing materials were being removed, and failed to carefully lower asbestos-containing materials to the ground during removal.  Today's Order requires future compliance with the regulations, and payment of the $2,000 Penalty.


Date: 5/21/12
municipality: ['Rutland']
Text:
  MassDEP was notified that Suffolk Superior Court recently issued a $392,000 Penalty against Blair Enterprises of Rutland, Massachusetts for violations of the Wetlands Protection Act and the Watershed Protection Act. Previously, in May 2011, staff from MassDEP, MassDCR, and the Mass. Attorney General's office spent four days in a trial in Suffolk Superior court seeking penalties for these violations caused by Blair Enterprises during construction of a subdivision, Bear Hill, located in Rutland.  Blair Enterprises, Inc. is an established real estate development company.  Blair departed from the approved phasing plan by clear-cutting and grading an entire 50+ acre site.  Erosion of steep slopes with poor soils resulted in significant impacts (over 2 acres) to nearby Wetlands and Moulton Pond, tributaries to the Ware River drinking water intakes. In the decision, Judge Geraldine Hines stated the following


Date: 5/21/12
municipality: ['Winchendon']
Text:
  MassDEP issued a Unilateral Order requiring to Michaela M. Kravfe for Wetlands violations in Winchendon. Michaela M. Kravfe is ordered to stop violations of the Wetlands Protection Act occurring on her property located at Lot B on Joslin Road in Winchendon.  In response to a complaint, MassDEP conducted an inspection of the property and observed land grading activities and equipment operation on the site resulting in alterations to stream "banks" and bordering wetlands.  No permits had been issued by the Winchendon Conservation Commission for this activity in this area.  Today's Order requires Kravfe to stop all activities at the site related to these violations, and prevent further violations. Kravfe is also required to stabilize the site with erosion controls, hire a wetlands specialist to assess the damage, and submit a plan to restore the altered wetlands and banks.  Additional enforcement is anticipated.


Date: 5/21/12
municipality: ['Winchendon']
Text:
  MassDEP issued a Unilateral Order to Robert S. Betourney, for Wetlands violations in Winchendon. Robert S. Betourney is ordered to stop violations of the Wetlands Protection Act found to be occurring on the Kravfe property located at Lot B on Joslin Road in Winchendon.  Betourney is not a contractor, but he does own heavy equipment, and did perform site grading activities that resulted in alterations to stream "banks" and bordering wetlands.  Betourney was responsible to insure that the land owner had obtained the necessary permits before commencing work in the wetlands.  No permits had been issued by the Winchendon Conservation Commission for work in this area.  Today's Order requires Betourney to stop all activities at the site resulting in violations, and prevent further violations of the Wetlands Protection Act.  Betourney has been requested by MassDEP to attend an enforcement conference, and may be jointly responsible for any anticipated penalty assessment.  


Date: 5/21/12
municipality: []
Text:
  MassDEP has entered into Consent Order with Waste Management of Massachusetts, Inc. (WMMI) to address hazardous waste and air pollution control violations at several facilities.  Each of the facilities are either owned and/or operated by WMMI (or operated by WMMI through a wholly-owned subsidiary) and include


Date: 5/17/12
municipality: ['Hinsdale']
Text:
  MassDEP executed a Consent Order with a $12,500 Penalty involving the Dufour Escorted Tours  for Waste Site Cleanup, Air Quality and Hazardous Waste Management violations at their facility at 133 South Street in Hinsdale.  Dufour failed to notify MassDEP within two hours of becoming aware of a 20-gallon diesel fuel spill that occurred at the site on 6/17/11 at y 12


Date: 5/15/12
municipality: ['Bridgewater', 'Plymouth']
Text:
  MassDEP entered into a Consent Order with MPG Corporation for Waste Site Cleanup violations in Bridgewater. The company, which is based in Plymouth, failed to file a final response action outcome statement within one year of a reported release of petroleum that occurred at 155 Broad Street in Bridgewater.  The release traced back to a reported incident on 12/20/02 when petroleum-impacted soils were discovered during landscaping activities along the perimeter of the site.  Today's Order ensures that existing petroleum-impacted soils will be removed and properly disposed of, and establishes timelines for future submittals for compliance with the Waste Site Cleanup regulations.


Date: 5/15/12
municipality: ['Bridgewater']
Text:
  MassDEP entered into Consent Order with the town of Bridgewater, for Solid Waste violations at the transfer station in Bridgewater. The Town operates a Solid Waste transfer station without a valid Authorization to Operate permit.  Today's Order establishes a schedule for the town to engage the services of a Massachusetts registered professional engineer to evaluate the existing conditions at the transfer station, evaluate necessary modifications, and complete the permitting process necessary for proposed modifications in order to seek and obtain a valid operating permit.5/14/12


Date: 5/14/12
municipality: ['West Boylston']
Text:
  MassDEP issued a Unilateral Order to Guilherme A. Ruas and Tatiana Santos-Ruas, owners of property located at 412 Worcester Street in West Boylston. Today's Order requires correction of Wetland Protection Act violations that occurred at the property.  At the request of the Massachusetts Department of Conservation and Recreation (MassDCR), MassDEP conducted an inspection of the property and observed alteration of 'riverfront area' that included grading and filling, destruction of vegetation, and storage of man-made materials within 50 feet of Gates Brook.  No permits had been issued for the work occurring within a wetland resource area.  MassDEP, MassDCR, and the West Boylston Conservation Commission each made repeated attempts to contact the Ruas regarding the non-compliance, but have not received any response.  Today's Order requires the Ruas to stop the violations, prevent further damage to wetland resource areas, and restore the area.  This action will result in restoration of 1,000 square feet of Riverfront Area.  


Date: 5/11/12
municipality: []
Text:
  MassDEP issued Notices of Noncompliance (NONs) to eight Large Quantity Generators (LQGs) of Hazardous Waste for failing to file their calendar year 2011 Biennial Reports (BRs) by 3/1/12.  The Reports are summaries of all hazardous waste shipments and treatment during odd-numbered calendar years and are due on March 1 of the following even-numbered years. These Reports are required of LQGs under the federal Resource Conservation and Recovery Act (RCRA), which MassDEP has been delegated to enforce in Massachusetts by the U.S. Environmental Protection Agency (EPA). LQGs are facilities that generate more than 2,200 pounds of hazardous waste or 2.2 pounds of acutely hazardous waste in a single calendar month. Although enforcement action was necessary in a handful of cases, 98 percent of the state's 425 current LQGs complied with calendar year 2011 reporting requirements.  


Date: 5/11/12
municipality: ['Ware']
Text:
  MassDEP issued a Boil Water Order to the Quabbin Sunrise Cooperative, Inc. for Drinking Water violations in Ware. MassDEP issued the Boil Water Order to Quabbin Sunrise Cooperative, Inc. to address the potential risk to public health of a severe pressure drop at its community public water system in Ware.  [MassDEP issued a second UAO as noted below]


Date: 5/11/12
municipality: ['Ware']
Text:
  MassDEP issued a  Declaration of Water Emergency to Quabbin Sunrise Cooperative, Inc. to address the potential risk to public health of a severe pressure drop at its community public water system in Ware, Massachusetts.  Today's Order permitted the use of alternate sources of water for potable purposes at the community public water system while this public water system to address the emergency.


Date: 5/8/12
municipality: ['Egremont', 'Florida']
Text:
  MassDEP entered into a Consent Order with a $46,235 Penalty involving Robert J. Johnson for Asbestos violations in Egremont.  Robert J. Johnson of Longwood, Florida was found to have violated asbestos handling and disposal regulations.  MassDEP's action followed receipt of a complaint regarding the removal of asbestos-containing building materials from a building Johnson owns at the former Egremont Inn in Egremont.   MassDEP investigated the removal operations at the site that had been conducted by Johnson, and discovered that asbestos notification, handling work practices and disposal were not followed.  Under the terms of a Consent Order with MassDEP, Johnson will pay $12,000 of the penalty, with the remaining balance suspended provided that Johnson retains a Massachusetts-licensed asbestos abatement contractor to timely abate all remaining asbestos-containing waste materials at the site and does not further violate the asbestos regulations during a one-year probationary period.5/7/12


Date: 5/4/12
municipality: ['Belmont']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty involving W. L. French Excavating Corp for Asbestos violations at 121 Orchard Street in Belmont. MassDEP observed that during an inspection of 121 Orchard Street in Belmont, the company, while excavating at the site, impacted asbestos-containing transite pipe. The company continued with the excavation work in the area after impacting the asbestos-containing pipe.  MassDEP determined that the company did not notify MassDEP of asbestos abatement at the site.  As a result of the violations the company has agreed to pay $8,700 with the remaining $6,350 suspended for a period of one year.5/4/12


Date: 5/4/12
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to James M. St. Germain for Wetlands violations in Charlton.  MassDEP issued today's Order to James M. St. Germain to stop violations of the Wetlands Protection Act occurring on his property located at 173 Sunset Drive in Charlton.  In response to a complaint, MassDEP conducted an inspection of the property and observed land grading activities and equipment operation on the site resulting in alterations to 'land under water bodies' and 'waterways', and 'bank' of Glen Echo Lake.  No permits had been issued by the Charlton Conservation Commission for work in this area.  Today's Order requires St. Germain to stop all activities at the site resulting in violations, and prevent further violations. St. Germain is also required to stabilize the site with erosion controls, hire a wetlands specialist to assess the damage, and submit a plan to restore the altered wetlands.  Additional enforcement with penalty assessment is anticipated.


Date: 5/4/12
municipality: ['Charlemont']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Country Aire Campground for Water Pollution Control violations in Charlemont.  Under today's Order, the Campground has agreed to l provide for the upgrade of septic systems at this large Title 5 (septic system) facility to bring the site back into compliance with wastewater and drinking water regulations.  The entire penalty in the amount of $5,750 is suspended pursuant to the small business policy provided the required upgrades are completed.5/1/12


Date: 4/30/12
municipality: ['Becket']
Text:
  MassDEP issued a Unilateral Boil Water Order to the Becket Athenaeum, Inc. in Becket. MassDEP issued this Boil Water Order to the Becket Athenaeum, Inc. to address total coliform and e.coli bacteria detections in its source and water system.  Today's Order requires this public water system to provide public notice to ensure its users boil or use alternate sources of water such as bottled water while the system addresses the contamination.  


Date: 4/30/12
municipality: ['Oxford']
Text:
  MassDEP entered into a Consent Order with IPG Photonics Corporation to ensure compliance with Water Pollution Control regulations at its corporate campus facility at Old Webster Road in Oxford.   Today's Order establishes an enforceable schedule allowing the temporary use of a (holding) tight-tank to serve a portion of the facility undergoing expansion until the municipal sewer system becomes available. Under today's Order, the company has agreed to tie the entire facility into the municipal sewer system when it becomes available later this year.  This action will result in the continued proper treatment of approximately 10,000 gallons of wastewater per day.  


Date: 4/27/12
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with Montague Retreat Center, Inc. for Water Supply compliance pertaining to the public water system it seeks to operate in Montague. There are specific requirements associated with maintaining this as a public water system source (This system was recently acquired by the Montague Retreat Center Inc. and previously it had been approved and operated under MassDEP's new source approval process). As with all such systems, they are required to have standard operation, monitoring, plans and certain recordkeeping requirements.  


Date: 4/27/12
municipality: ['Stockbridge']
Text:
  MassDEP entered into a Consent Order with a $4,020 Penalty involving Alberni Holdings for Water Supply violations. Alberni Holdings is the owner of Heron Pond at Stockbridge (a condominium), that is required to address its failure to complete in a timely manner several sanitary survey requirements at its community public water system.  The issues included water treatment prior to issuance of a permit, a lack of chemical injection ports, inadequate maintenance of the wellhead area, and failure to ensure it met the required redundancy or storage standards for community public water systems on groundwater. Alberni Holdings will pay $2,010 of the Penalty, while MassDEP has agreed to suspend the remaining $2,010 of the Penalty pending compliance.


Date: 4/27/12
municipality: ['Ashfield']
Text:
  MassDEP issued a Unilateral Boil Water Order to the Mohawk Trail Regional School District in Ashfield.  The School District must address a potential risk at its Sanderson Academy in the Town of Ashfield.  The Order was issued as a precautionary measure due to a severe pressure drop and turbid water quality experience the previous day. [This Boil Water requirement was removed upon receipt of sample results showing no coliform bacteria present in the system.]   This public water system will complete additional reports on the possible cause of the system disruption.


Date: 4/27/12
municipality: ['Ashby']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Ashby to address Water Supply violations. Today's Order contains an enforceable schedule to provide an approved, transient non-community public water system for the American Legion and Ashby Grange buildings, and the Second Parish Congregational Church.  The town will operate the on-site well serving all locations in accordance with the requirements for a public water system. This includes hiring a certified operator, carrying out monitoring requirements, completing cross-connection requirements, and submitting the required permit application that is necessary to upgrade the pump station.  Today's Order also requires that future expansion or modification of the system that must be approved by MassDEP.  The penalty will be fully suspended provided the town completely complies with all provisions of the document.  This action will ensure that anyone served by this system will continue to receive water that is safe and fit to drink.


Date: 4/27/12
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $1,400 Penalty involving USPack, Inc. for Hazardous Waste Management violations at its Leominster facility.  The company accumulated hazardous waste in excess of its registered hazardous waste generator status, had inaccurate container labeling, and failed to properly fill out a hazardous waste manifest.   Today's Order requires the company to maintain compliance with all applicable regulations, and pay a $1,400 civil administrative penalty.  As a result of MassDEP's inspection, the company has re-evaluated its manufacturing process, and has cut its hazardous waste generation by two-thirds.  This action will help ensure proper management of hazardous waste generated by the company.  


Date: 4/27/12
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Boil Water Order to Forever Hopeful, LLC for Water Supply violations in Charlton. Forever Hopeful, LLC is the owner and operator of a transient non-community public water system that serves the Yankee Diner Restaurant located at 16 Worcester Road in Charlton. Due to an acute violation of the total coliform rule (as defined in the state's maximum contaminant levels) the source and the associated distribution system were immediately removed from service.  The system was directed to evaluate the cause of the contamination, take corrective actions, and notify its consumers to either boil water before drinking, or consume water from another or alternative source.  The system was also directed to notify the local board of health and town administrator.  Today's Order also addresses corrective actions for a number of noncompliant conditions relating to operation of the system that were identified during an inspection of the facility on 4/26/12.  This action will help insure that the persons served by this system will receive water that is pure and fit to drink.      


Date: 4/26/12
municipality: ['Waltham']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving Hess Corporation for Waste Site Cleanup violations at 66-70 Prospect Street in Waltham.  Hess Corporation, based in Woodbridge, NJ, failed to report 1/7/12 release of 15-20 gallons of gasoline at a Waltham filling station as soon as possible - and within the required two hours of obtaining knowledge of the release (a violation of M.G.L. c. 21E and the Massachusetts Contingency Plan). Today's Order requires Hess to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan. This "Plan" is to be followed by any/all Hess employees in the event of future release incidents.  Today's Order requires the payment of $2,875, with the remaining $2,875 suspended contingent upon Hess's compliance with all of the terms of today's Order as well as stipulated penalties of $1,000 a day for any future violations of the Order.4/26/12


Date: 4/19/12
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,290 Penalty involving Island Airlines, LLC, for Environmental violations in Barnstable. The Airlines has agreed to resolve violations of state Hazardous Waste Management, Air Quality, and Industrial Wastewater regulations at the airline's municipal airport location in Barnstable.  Under today's Order the Airlines is required to complete the following


Date: 4/18/12
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with a $4,312 Penalty Uno Restaurants, LLC, for Waste Site Cleanup violations at 75 Middlesex Turnpike in Burlington. Specifically, Uno Restaurants failed to report to MassDEP a 9/3/11 sudden release of an estimated 100 gallons of waste cooking oil as soon as possible (and within the required two hours after obtaining knowledge of the release).  The release impacted a paved parking area and storm sewer system.  Today's Order requires Uno Restaurants to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan.  Such a plan is to be followed by the company's employees in the event of future release incidents.  Under today's Order the company will pay $2,000 of the Penalty within 30 days to MassDEP. The remainder of the Penalty is suspended contingent upon Uno's compliance with the terms of today's Order.  Today's Order also imposes stipulated penalties of $1,000 per day for any future violations of the Order.4/17/12


Date: 4/12/12
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral Order to Jayson M. LaBouef for Wetlands violations at 128 Sears Island Road in Worcester. Jayson M. LeBouef was ordered to stop violations to the Wetlands that were occurring on his property located in Worcester.  MassDEP conducted an inspection of the property at the request of the Worcester Conservation Commission and observed grading and excavation occurring in Indian Lake, and alterations of 'bank' and bordering vegetated wetlands.  No permits had been issued by the Worcester Conservation Commission for this work in this area.  Today's Order requires the property owner to prevent further violations of the Wetlands Protection Act, and to remove fill deposited on the bank of Indian Lake.  The owner is also required to hire a wetlands specialist to assess the damage, and to submit a plan to MassDEP for review and approval for restoration of the altered wetlands.  Additional enforcement with a penalty assessment is anticipated.  


Date: 4/12/12
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with a $19,000 Penalty involving Donald E. Kelley, EFL/DEK Prime, LLC. (and an Amended Order on 5/14/12) with Donald E. Kelley, EFL/DEK Prime, LLC for Wetland Protection Act violations on property located at 58R Pulaski Street in Peabody.  Violations on the property were initially identified by the Peabody conservation commission and resulted in a local enforcement order.  Subsequently, the commission requested MassDEP to assist with additional enforcement action. Violations confirmed by MassDEP included 15,500 square feet of alteration to riverfront area (the Waters River) that resulted from clearing vegetation and filling with road grindings (also within the buffer zone to bordering vegetated wetland).  The Amended document requires full restoration of the riverfront area, along with long-term monitoring while complying with the Activity and Use Limitation on this property.  The document includes a Penalty of $2,500 paid, with the remaining $16,500 suspended upon demonstration of full compliance.4/11/12


Date: 4/11/12
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving LMB Partners, Limited Partnership for Waste Site Cleanup violations in Boston. The Partnership is the owner of the property at 25, 47 and 71 Topeka Street in Boston where the specific violations were failure to meet deadlines established in a (previous) Consent Order executed with MassDEP on 3/29/09. Today's Order now requires the Partnership to submit a tier two cleanup permit extension by 5/18/12. Thereafter, either a remedy operation status report, or a response action outcome statement is due by 12/28/12. Today's Order requires a $2,000 Penalty payable and $3,000 suspended, pending compliance, as well as a stipulated penalty provision for any missed deadlines.4/11/12


Date: 4/10/12
municipality: ['Hanson', 'Plymouth']
Text:
  MassDEP entered into a Consent Order with a $6,035 Penalty involving Kerrissey, LLC for Solid Waste violations in Hanson. J. Kerrissey, LLC (of Plymouth) was in noncompliance with Solid Waste Regulations pertaining to the act of establishing and maintaining a dumping ground by accepting solid waste material at an unpermitted location in Hanson.  The Order allows J. Kerrissey, LLC to crush the material on site within six weeks.   The Order also requires the payment of $2,000 with the remaining $4,035 suspended, through application of the small business policy.4/10/12


Date: 4/10/12
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Walsh Environmental Services for Asbestos violations in Springfield. Walsh is a Massachusetts-licensed asbestos abatement contractor that was cited for violation of asbestos handling regulations.  MassDEP personnel investigated the asbestos removal operations that had been conducted at a single-family residence located in Springfield.  During the inspection, MassDEP discovered that Walsh had not properly handled and removed asbestos insulation from the basement of the property.  Under the terms of a settlement agreement with MassDEP, Walsh will pay $3,000 of the Penalty, with the remaining $6,000 suspended during a two-year probationary period.


Date: 4/10/12
municipality: ['Pittsfield']
Text:
  MassDEP issued a $3,500 Penalty to Anthony J. Crea for Waste Site Cleanup violations in Pittsfield.  Crea  was penalized for his failure to comply with a previous Consent Order requiring the completion of the cleanup of contamination on his property.  The site is a  former gasoline station and auto repair facility located at 483 West Housatonic Street in Pittsfield. Several businesses now operate at this location.  Due to Crea's failure to comply with a previous Order, MassDEP fined Crea $4,500 dollars. Based upon settlement discussions with Mr. Crea, MassDEP reduced the penalty to $1,000 and suspended the remaining $3,500 dollars when Crea completed initial response actions and further agreed to complete the cleanup at his property by 9/30/11. Due to Crea's failure to complete the cleanup, MassDEP is now demanding the suspended remaining Penalty.4/9/12


Date: 4/6/12
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with International EC, LLC, for Drinking Water and Wastewater Discharge violations in Granby. The LLC was in noncompliance at the MacDuffie School facility as it pertains to drinking water and wastewater regulations.   The School's facility plans to increase its student population over time, but has current facility site limitations and noncompliance with certain standards. Today's Order provides a schedule for providing sufficient drinking water and a schedule with a professional engineer's oversight for interim and final corrective actions to manage its wastewater.


Date: 4/6/12
municipality: ['Holliston']
Text:
  MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the Highlands at Holliston. Commissioner Kimmell's Final Decision incorporates the petitioner's notice of withdrawal with prejudice, and dismisses the appeal.


Date: 4/5/12
municipality: ['Stoughton']
Text:
  MassDEP issued (4) four Unilateral Cease-and-Desist Orders to  Cabot Place Office Condominiums in Stoughton. MassDEP issued the Orders to 5 Cabot Place, LLC; Four Cabot Place Office Condominium Association, Inc.; Six Cabot Place Office Condominium Association, Inc. and Seven Cabot Place Office Condominium Association, Inc.  The four have been ordered to cease and desist from discharging wastewater to the ground from a failed sewage pump station.  The discharge is in direct violation of the ground water discharge permit regulations.


Date: 4/4/12
municipality: ['South Hadley']
Text:
  MassDEP issued a Unilateral Order to South Hadley Landfill, LLC, for Solid Waste compliance issues at the landfill in South Hadley. The Order requires the completion of a geotechnical assessment of a crack/fracture that has been observed in the mechanically stabilized earthen berm (cell 2D) at this landfill.4/4/12


Date: 4/3/12
municipality: ['Marshfield']
Text:
  MassDEP entered into a Consent Order with a $14,370 Penalty involving Cobra Enterprises, Inc. for Solid Waste violations at 1705 Ocean Street in Marshfield. MassDEP determined that Cobra had conducted unpermitted post-closure use activities at the site of the closed/capped Sylvester Ray landfill located off Clay Pit Road in Marshfield.  The unapproved post-closure use included soil screening and materials storage operation on top of the capped landfill's surface. In response to the finding of violations, Cobra promptly ceased the unpermitted activities and instituted appropriate repairs to the landfill's surface.  The full Penalty will be offset by a Supplemental Environmental Project (SEP) that requires Cobra to provide the town of Marshfield new storm water drainage controls at/near the entrance of the town's municipal solid waste transfer station (and the closed/capped landfill).  


Date: 4/2/12
municipality: ['Hanson']
Text:
  MassDEP issued a Unilateral Cease-and-Desist Order to J. Kerrissey, LLC, for Solid Waste violations in Hanson. J. Kerrissey was ordered to cease crushing concrete debris at 18 Franklin Street in Hanson. This activity requires a permit under the Solid Waste regulations. Kerrissey, LLC was found to be in violation of handling solid waste without valid site assignment and without a permit.  In addition to the solid waste regulation violations, the crushing operation was creating dust that resulted in a resident complaint.


Date: 4/2/12
municipality: ['Goshen']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Dustin Bernier for Air Quality and Solid Waste violations in Goshen.   On 10/4/11, MassDEP was notified by the Goshen Fire Department of an unpermitted outdoor fire in the yard of a house behind the fire station.  Response by the fire department revealed a large open-air trash fire in the side yard of Bernier's residence.  The solid waste included building materials, metal, plastic, fabric and other household refuse, including a large sofa cushion.  Bernier, who was penalized by MassDEP in 2009 for similar violations, has entered into today's Consent Order with MassDEP, in which he agrees to cease conducting illegal open burning and to pay a penalty of $2,000.  MassDEP has agreed to suspend the remaining $3,000 of the Penalty pending Bernier's compliance with the terms and conditions of the Order.4/2/12


Date: 4/2/12
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $9,500 Penalty involving the city of Gloucester's Department of Public Works for Wastewater Management violations. The city's DPW failed to report sanitary sewer overflow and the improper waste disposal from the city's vac-truck and an apparent lack of wastewater capacity in the city's west Gloucester sewer system.  The full Penalty suspended provided there are no violations of the Consent Order, or any additional violations of the regulations cited in today's Order. Today's Order requires the city to conduct a capacity study of the west Gloucester sewer system and submit an engineering report with recommended actions for MassDEP review and approval.  Within 30 days, the city must submit to MassDEP for review and approval a Standard Operating Procedure manual for the disposing of waste from the City's vac-truck.  The city must also submit a written plan to ensure full compliance with MassDEP reporting requirements for any future wastewater bypass incidents, any back-ups and/or overflows, which will be subject to MassDEP's review and approval.


Date: 3/30/12
municipality: ['Lawrence']
Text:
  MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the case involving Wood Mill, LLC and MassInnovation, LLC.  The Commissioner issued a Final Decision upholding the Recommended Final Decision, which, in turn, held that the Petitioners (WoodMill as owner; MassInnovation as operator) each be held liable in this asbestos Penalty Assessment Notice appeal and that part of the Penalty assessed to each be upheld (the penalties were reduced from $109,875 and $137,000, respectively, down to $40,575 and $52,000 respectively). This case involved the appeal of two Penalty Assessment Notices, which were issued to MassInnovation and Wood Mill for alleged violations of the asbestos regulations which occurred during a demolition and renovation project that sought to convert 1.3 million square foot historic mill building at 250 Merrimac Street, Lawrence into residential (high end apartments) living space. During a routine inspection of the Wood Mill building in March 2007 it was determined by MassDEP personnel that asbestos containing material had not been removed prior to demolition on the 6th floor and asbestos was improperly removed and dumped out of the 6th floor windows into the rear area of the building.  During a follow up inspection in April 2007, it was determined that a sub-contractor had improperly excavated around the exterior of the building impacting friable asbestos insulated pipe on three separate occasions.  This excavated asbestos-containing material was mixed with other excavated material and dumped into stockpiles on the back side of the building.  During subsequent inspections in June 2007 and August 2007 MassDEP personnel also found significant areas of contaminated soil and debris piles which were not covered, revealing loose, dry friable asbestos containing insulation that was exposed to the ambient air in multiple locations.


Date: 3/28/12
municipality: ['Dennis']
Text:
  MassDEP executed a Consent Order with a $2,875 Penalty involving Whalen Restoration Services, Inc. for Groundwater Discharge violations in Dennis.  MassDEP identified the violations during an inspection conducted in January 2012.  Based on observations, information provided by EPA, and review of local and MassDEP records, MassDEP determined there was a violation of the groundwater discharge regulations regarding truck wash water and tank wash/rinse water discharge.  Whalen immediately ceased this discharge and has implemented corrective work practices to prevent this discharge.  


Date: 3/28/12
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving Granite Realty Corp. for Hazardous Waste Management violations in Fall River. Violations were identified during MassDEP inspections conducted in December 2011.  MassDEP observed numerous drums stored at the facility and identified violations of the hazardous waste regulations regarding generator registration, and the storage requirements.  Granite Realty Corporation immediately hired a contractor to characterize the waste and dispose of the drums.  Today's Order requires Granite Realty Corporation to register as a generator of hazardous waste, comply with the applicable storage and disposal requirements and pay the full Penalty.    


Date: 3/28/12
municipality: ['Marshfield']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Pulte Homes of New England, LLC for Groundwater Discharge violations in Marshfield. The discharge is regulated by MassDEP under a ground water discharge permit.   Pulte Homes of New England LLC, holds the permit for on-site wastewater treatment facility (WWTF) at the Spyglass Landing Condominium complex. Today's Order establishes timelines for the WWTF to come into compliance with its permit limits by either improving the operations to the current WWTF or by constructing upgrades to the WWTF.   


Date: 3/28/12
municipality: ['Dracut', 'Tewksbury']
Text:
  MassDEP and the Mass Attorney General entered into Consent Orders with four (4) Multiple Companies for Asbestos violations. The companies have been ordered to pay the Commonwealth up to $80,000 in civil penalties for the improper removal and disposal of asbestos-containing pipe insulation and ceiling tiles at the former Lowell Sun newspaper building in Kearney Square. The Massachusetts Attorney General Martha Coakley announced that a complaint was filed today in Suffolk Superior Court, against JDL Incorporated of Dracut; Sun Building; Kearney Square Properties; and, TopNotch Homes, all limited liability companies in Tewksbury, who violated the state's Clean Air Act by removing and disposing of asbestos-containing pipe insulation and ceiling tiles without using proper containment procedures to prevent the release of asbestos. The companies also failed to provide the required notifications to MassDEP.  The settlement, also filed and approved by the court today, requires the current owners of the property (Sun Building and Kearney Square Properties) and their demolition contractor (JDL, Inc.) to pay a civil penalty of $80,000 for the alleged violations, $30,000 of which may be forgiven if the defendants comply with the judgment in the case.


Date: 3/23/12
municipality: ['Lawrence']
Text:
  MassDEP and the Registry of Motor Vehicles (RMV) executed settlement documents with Charles Daher's Commonwealth Motors, Inc. regarding fraudulent vehicle inspections conducted in 2011 at its facility at 1 Commonwealth Drive, Lawrence. Commonwealth Motors will pay a $16,000 penalty, of which $4,000 will be suspended pending compliance with today's Order.  Additionally, in a Last-Chance-Agreement with RMV, Commonwealth Motors agreed to a two-year suspension (probation) of its inspection license.   Henceforth, any violation of the LCA in that two-year period could result in complete revocation of the inspection license.


Date: 3/23/12
municipality: ['Peabody']
Text:
  MassDEP executed an Amended Consent Order with Julia A. Martino and Robert W. James for Waste Site Cleanup violations at 101 Rear Foster Street in Peabody.  Martino and James are trustees of Consolidated Equipment Realty Trust, the owner of the aforementioned property.  MassDEP found a failure to achieve a final Response Action Outcome (RAO) or Remedy Operation Status (ROS) by the March 1, 2012 deadline established in a previously agreed Consent Order as executed with MassDEP on 12/10/10.  A new deadline was established in today's Order in which the owners will return the site to compliance with the submittal of a RAO or ROS by 9/1/12.


Date: 3/23/12
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $5,350 Penalty involving Nick Sperpolous for Asbestos and Solid Waste violations in Brockton.  Sperpolous contracted for the disposal of a special waste (asbestos) at a transfer station not permitted to accept that material. The material was not properly containerized and not labeled correctly as asbestos material.  The Order has a penalty of $5,350 which was entirely suspended under MassDEP's Homeowner Policy.  


Date: 3/22/12
municipality: ['Sherborn']
Text:
  MassDEP issued a Drinking Water Supply Emergency for Leland Farms in Sherborn. MassDEP took the action in response to lack of water in the public water system's distribution system.  The Leland Farms was required to immediately implement the prohibition on nonessential water use and evaluate the conditions of the well and distribution system.3/21/12


Date: 3/19/12
municipality: ['Fitchburg', 'Westfield']
Text:
  MassDEP issued a $15,000 Penalty to Service Transport Group, Inc. for Asbestos violations in Fitchburg and Westfield.  MassDEP determined during inspections that Service Transport Group, Inc. ("STG"), a Delaware carrier/shipping company, violated the state asbestos regulations at the sites in Fitchburg and Westfield where asbestos abatement work was to be conducted.  During the inspections, MassDEP determined that STG had delivered a roll-off container and a waste trailer to both sites, both of which were contaminated with asbestos-containing materials.  In a Consent Order with MassDEP, STG agreed to develop and implement a program to prevent similar violations of the asbestos regulations from recurring in the future.  The company will pay $10,000 of the Penalty, the balance of which will be suspended provided that STG complies with the Consent Order and remains in compliance with the state asbestos regulations for a one-year period.3/16/12


Date: 3/16/12
municipality: ['Fitchburg']
Text:
  MassDEP issued a $53,937.50 Penalty Assessment Notice to Stephen W. Seney for Asbestos violations at 3-5 Walton Street in Fitchburg. MassDEP found the violations during a March 2010 inspection of a multi-family rental property Seney owns in Fitchburg.  MassDEP inspectors responded to a complaint from the City of Fitchburg Board of Health, and observed that Seney had improperly removed asbestos-containing insulation from the boiler and pipes at 3-5 Walton Street in Fitchburg.  Significant quantities of dry, friable asbestos insulation were observed uncontained on the ground outside the property, in areas frequented by tenants, and uncontained on the basement floor. Prior notification had not been provided to MassDEP for the asbestos removal work as required. Today's Penalty was issued after repeated attempts to reach a negotiated settlement were unsuccessful.


Date: 3/16/12
municipality: ['Chelmsford', 'Westford']
Text:
  MassDEP entered into a Consent Order with a $6,250 Penalty involving 540 Groton Road, LLC, for Wetlands violations at Groton Road in Chelmsford along the Westford line. MassDEP found that this LLC altered approx. 500 square feet of bordering vegetated wetlands.   The LLC has agreed to restore no less than 4,250 sq ft of BVW, adopt proper storm water and snow clearing/storage operations, and pay $2,500 of the Penalty with the remaining $4,000 suspended pending compliance.


Date: 3/15/12
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Valhalla Property Enterprises for Wetlands violations in Hadley. The violations were in connection with the placement of crushed asphalt into approximately 4,200 square feet of Riverfront Area.  Valhalla has agreed to corrective actions and agreed to the Penalty.  MassDEP has agreed to suspend $8,100 of the Penalty, contingent upon Valhalla's construction of a wetland mitigation area for which the company has already prepared and submitted a plan.3/15/12


Date: 3/15/12
municipality: ['Hanson', 'Plymouth']
Text:
  MassDEP issued a Unilateral Order to J. Kerrissey, LLC for Solid Waste violations in Hanson. J. Kerrissey, LLC, which is based in Plymouth, was in noncompliance with Solid Waste Regulations for establishing and maintaining a dumping ground by accepting solid waste material at an unpermitted location in Hanson.  Today's Order requires the company to immediately stop accepting solid waste material.3/15/12


Date: 3/14/12
municipality: ['Mashpee']
Text:
  MassDEP issued a Unilateral Order to the University of Massachusetts Dartmouth School for Marine Science and Technology (SMAST) in Mashpee. MassDEP ordered SMAST to cease and desist alterations to salt marsh at South Cape Beach in Mashpee.  The Wetlands Protection Act regulations (salt marsh) pertaining to performance standards explicitly state that there shall be no destruction of salt marsh. SMAST staff and/or students altered approximately 100 feet of salt marsh at that location as part of a research project.  A separate letter will be sent to schedule a meeting with SMAST to discuss restoration activities that will be required at all locations where the alteration has occurred.3/13/12


Date: 3/12/12
municipality: ['Stow']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving the LLC, Linear Retail Stow #1, for Water Supply violations in Stow.  This LLC has agreed to resolve violations that were identified as a result of a 10/13/11 incident that involved the over-feed of sodium carbonate into its public water system.  The water system is located at Stow Shopping Center on Great Road in Stow.  The over-feed resulted in elevated pH levels, and created uncertainty about the safety and fitness of the drinking water supply.  MassDEP immediately issued a DO NOT USE Order that remained in effect until the immediate violations were resolved.  Today's Order requires upgrades to the alarm system and the chemical feed process as an interim safeguard, as well as the submission of a system modification permit application for additional improvements and upgrades to the public water system.  This action will ensure that anyone served by this (non-transient, non-community) public water system will continue to receive water that is safe and fit to drink.  


Date: 3/12/12
municipality: []
Text:
  MassDEP issued a Final Decision in the matter of James M. Knott.  The decision held that the petitioner failed to timely notify MassDEP of a release as defined under Massachusetts Waste Site Cleanup requirements, and specifically finding the penalty assessed by MassDEP for this violation was not excessive.3/7/12


Date: 3/6/12
municipality: ['Chelsea']
Text:
  MassDEP executed a Consent Order with Chelsea North LLC for Waste Site Cleanup violations at 240 Maple Street in Chelsea.  Chelsea North LLC is the owner and/or operator of the property. The specific Waste Site Cleanup violations were failure meet deadlines set out in the regulations and in notice of noncompliance issued by MassDEP on 11/18/11. Today's Order requires the company to submit a phase two by 10/15/12, and - if necessary - phase three report by 12/31/12.  There is also a final response action outcome statement due by 12/30/13. There is also a stipulated penalty provision for any missed deadlines.3/5/12


Date: 3/5/12
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $5,625 Penalty involving Baystate Medical Center for Solid Waste violations in Springfield.  MassDEP found that Baystate Medical Center failed to address violations involving the disposal of regulated medical waste.  As part of the agreement Baystate will pay the $5,625 Penalty and complete a Supplemental Environmental Project (SEP) valued at $22,500.   Under this SEP the Medical Center will provide sharps collection supplies and literature for 19 health departments in Hampden County to assist those communities in implementing Massachusetts Department of Public Health required residential sharps disposal programs by July 2012.3/2/12


Date: 2/29/12
municipality: ['Belmont']
Text:
  MassDEP executed an Amendment to an existing Consent Order with SND Corporation for Waste Site Cleanup violations at 50 Brighton Street in Belmont. SND Corp. is the owner and/or operator of the property at 50 Brighton Street, Belmont. Today's Amendment extends the deadlines in the original Order as follows and requires respondent to submit


Date: 2/24/12
municipality: ['Provincetown', 'Southborough']
Text:
  MassDEP entered into a Consent Order with a $36,625 Penalty involving Clifford J. Schorer III CJS Holdings II, Inc. of Southborough and 2 Commercial Street Realty Trust of Provincetown, for Asbestos violations during March 2010 inspections conducted in Southborough and Provincetown. MassDEP inspectors observed that Schorer had improperly removed asbestos-containing insulation and asbestos-containing transite panels from a building located at 2 Commercial Street in Provincetown, and then brought the asbestos-containing waste to his company's Southborough location which is not an approved asbestos waste storage/disposal facility. The asbestos-containing waste was dry, not sealed in leak-tight containers, and was not marked with the required asbestos warning labels. Additionally, no notification had been provided to MassDEP for the asbestos removal work. Under the terms of the ACOP, the aforementioned parties will pay $4,000 of the Penalty, while $32,625 of the assessed penalty will be suspended provided that there are no further violations for one year.2/24/12


Date: 2/23/12
municipality: ['Nantucket']
Text:
  MassDEP issued a Superseding Order of Conditions relative to a Nantucket filing seeking to work in a Wetlands Resource designated area. regulations. MassDEP issued a Superseding Order of Conditions to Barbara Heneghan affirming the previous denial by the local Conservation Commission. Heneghan had sought to develop a single family home with a tight tank on a Coastal Beach, Coastal Dune and within Land Subject to Coastal Storm Flowage. The site is located with Estimated Habitat of Rare and Endangered Species. It was determined that the project would have both short and long term adverse impacts on a state listed rare wildlife species. In MassDEP's decision, the project cannot be conditioned to meet the performance standards of the Wetlands Protection Act Regulations.


Date: 2/22/12
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Lifecycle Renewables, Inc. for Air Quality violations at the company's 9 Commercial Street in Everett. MassDEP found the violations occurred during the company installation of a vegetable oil fired/internal combustion engine. This was done prior to receipt of written MassDEP approval of the company's pending application. Installation of such equipment without this approval is a violation. Lifecycle Renewables will pay $2,875 of the Penalty and MassDEP has agreed to suspend the remaining $2,875 pending the company's compliance with the terms and conditions of today's Order.


Date: 2/22/12
municipality: ['Newton', 'Weston']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the Trustees of Boston College for Air Quality violations at its facilities in Chestnut Hill, Newton and Weston. The Trustees agreed to violations concerning twenty-nine (29) diesel-fired, emergency engines at its 140 Commonwealth Avenue, Chestnut Hill campus, and at its Newton and Weston facilities. The original Consent Order had required BC, to identify all emergency engines at its several facilities and to bring them into compliance. However, as presently configured and operated, the emissions from the 29 emergency engines are causing or contributing to a condition of air pollution, a violation of the Air Pollution Control Regulation. Working cooperatively with BC, MassDEP engineers made several site visits and developed several compliance pathways for the non-compliant engines. Today's Amendment requires BC to take the following steps


Date: 2/16/12
municipality: []
Text:
  MassDEP entered into a Consent Order with a $12,645 Penalty involving the MBTA Route 128 Intermodal Transportation Facility for Wastewater Management violations on the Dedham-Westwood border. The MBTA, as owner and operator of a wastewater pump station serving the Route 128 Intermodal Facility, failed to maintain and adequately operate the pump station caused extensive sewage ponding on the ground floor of the parking facility for a period of several weeks as well as back-ups to the public restrooms inside the train station. MBTA and Amtrak commuters were impacted on a daily basis, having to drive through, park in and walk through areas of ponding sewage, in some places several inches deep. Handicap parking spaces were inaccessible due to the ponding. Water samples were taken and analyzed by MassDEP for bacteria, ammonia and detergents. All sample results strongly indicated the presence of sewage. Today's Order requires the MBTA to develop and submit for MassDEP review and approval an Operations and Maintenance plan for the wastewater and stormwater utilities on-site. After MassDEP's inspection and prior to execution of today's Order, the MBTA took corrective actions to return the pump station to operational status. The MBTA will pay $6,322.50 payable to the Commonwealth within 30 days and the remainder suspended provided there are no violations of the Order.2/16/12


Date: 2/14/12
municipality: ['Sheffield']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving Pete's Sales and Service, Inc. for Hazardous Waste Management and Industrial Wastewater violations in Sheffield. Inspections of Pete's facility revealed violations that included


Date: 2/13/12
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving B&B Contracting and Excavating, Inc. for Asbestos and Solid Waste violations in Fall River. B&B Contracting and Excavating was in noncompliance with Air Regulations for not filing notification with MassDEP for the demolition of a building and for not containerizing Asbestos Containing Material (ACM) at 1173 South Main Street in Fall River. In addition, Solid Waste Regulations were violated in that there was some burying of solid waste material generated by the demolished building on site.


Date: 2/13/12
municipality: ['Marblehead']
Text:
  MassDEP entered into a Consent Order with a $13,050 Penalty involving Tedesco Country Club for Asbestos violations at 154 Tedesco Street in Marblehead. MassDEP determined during an investigation that Tedesco had contracted with AEI to perform asbestos abatement at 154 Tedesco Street in Marblehead. MassDEP personnel determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and Tedesco had failed to notify MassDEP of asbestos abatement at the site. As a result of the violations, and under today's Order, Tedesco has agreed to pay $8,700 of the Penalty, and MassDEP has agreed to suspend $4,350 for a period of one year.2/13/12


Date: 2/6/12
municipality: ['Wrentham']
Text:
  MassDEP executed a Consent Order with an $11,500 Penalty involving Bonollo Disposal, Inc., for Hazardous Waste and Solid Waste violations in Wrentham. During an inspection conducted in October 2011, MassDEP determined there were violations of the hazardous waste regulations regarding storage of waste oil and solid waste violations due to the storage of construction and demolition material. Bonollo has corrected the hazardous waste violations and has an aggressive schedule to remove the C&D material from the site for disposal in accordance with the regulations. Bonollo will pay $2,500 of the Penalty and MassDEP has agreed to suspend the remaining $9,000 of the Penalty provided Bonollo meets the deadlines as agreed in today's Order.


Date: 2/4/12
municipality: []
Text:
  MassDEP conducted Waste Ban Compliance Professional Training. MassDEP has trained four employees of Bois Consulting to act as third-party waste ban inspectors for waste-to-energy facilities that need to demonstrate compliance with specific recycling requirements so they can qualify as Class II renewable energy generating sources. Facilities are required to contract with third-party inspectors who will observe arriving loads on randomly chosen days. Those inspectors will document any loads containing banned materials, and provide detailed quarterly reports to MassDEP. When an inspector identifies waste ban compliance problems, the agency targets the offending facility for compliance education, outreach, and technical assistance.


Date: 2/3/12
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Sirum Equipment Co., Inc., for Hazardous Waste, Industrial Wastewater and Solid Waste Management violations in Montague. Some of the violations discovered during a MassDEP inspection of its facility included the company's failure to properly manage its waste oil containers, transport waste oil from its customers without a license, storage of scrap tires for greater than 90 days and failure to register its industrial wastewater holding tank. Sirum, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. Sirum has agreed to pay $1,000 of the Penalty, with the additional $2,000 suspended pending the company's compliance with the terms of the agreement.


Date: 2/3/12
municipality: ['Gill']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving the town of Gill concerning its public water system at the Gill Elementary School. The town of Gill owns the Gill Elementary School facility although the school is operated by the Gill-Montague Regional School District. MassDEP found that lead and copper samples were not collected and analyzed as required in 2010 and again in the January to June period of 2011. While the July to December 2011 samples were collected and analyzed, the absence of the earlier tests constitutes a violation. Today's Order requires public notice and collection of semi-annual samples in 2012. MassDEP has agreed to fully suspend the entire Penalty, pending demonstrated compliance with today's Order and drinking water regulations.2/3/12


Date: 2/2/12
municipality: ['Berlin']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Sawyer Hill LLC, for Ground Water Discharge violations in Berlin. MassDEP determined the violations were occurring at Sawyer Hill LLC's facility, the Sawyer Hill Co-Housing Complex located off of Sawyer Hill Road in Berlin. Under today's Order, the owner is required to hire a wastewater specialist to review the existing treatment process and propose a schedule to provide operational modifications and physical upgrades to the existing ground water discharge system to bring it into compliance. MassDEP will review and approve the schedule for implementation. MassDEP has agreed to fully suspend the Penalty provided the owners demonstrate compliance with the terms of the Order. This action will result in the proper treatment of 21,000 gallons of wastewater per day.2/2/12


Date: 2/2/12
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $51,937.50 Penalty involving Anila and Lenard Taraj for Asbestos violations in Worcester. MassDEP determined Anila and Lenard Taraj responsible for numerous violations of Asbestos regulations at a residential property which Anila owns in Worcester. Under the terms of today's Order, the assessed Penalty will be fully suspended after a successful demonstration of the existence of financial hardship condition was made, and provided that there are no further violations for a period of one year.


Date: 1/31/12
municipality: ['Wenham']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Wenham regarding Drinking Water violations. The Town had made structural improvements to its two public supply wells under a 2009 Consent Order. Those actions were taken to prevent bacterial contamination, but contamination issues were still occurring. The maximum contaminant level for total coliform bacteria was exceeded four times between September 2010 and October 2011 at which time an acute bacterial contamination event occurred. This last event necessitated a boil water order. Total coliform bacteria was detected in raw water samples from well number one in March, April, and October 2011, however  the presence of  e. coli was detected in a raw water sample from well number one in October 2011. Under the terms of the today's Order, the town will institute permanent disinfection treatment of the two wells that achieve four-log treatment (99.99%) of viruses. Disinfection that achieves three-log treatment (99.9%) of viruses will be maintained using emergency chlorination equipment until the permanent treatment is constructed. The Town will develop a management plan for more frequent turnover of water in one of its storage tanks, so that disinfection residual can be maintained. Under today's Order, MassDEP has agreed to completely suspend the Penalty.


Date: 1/31/12
municipality: ['Charlemont']
Text:
  MassDEP executed a Consent Order involving Bayview Loan Servicing, LLC, for Water Supply violations at 122 Main Street in Charlemont . Bayview Loan Servicing is the owner of a property, which was an unregistered community public water system. Today's Order addresses registration of this public water system with conditions and requirements including monitoring and having the proper oversight by a certified operator.


Date: 1/31/12
municipality: ['Southampton']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving the town of Southampton regarding Drinking Water violations in Southampton. Under today's Order the town is required to complete a cross connection program plan. Cross connections or backflow prevention between a potable water line and a non-potable water systems or equipment are a concern of MassDEP. The public water distribution system and the plumbing within a facility are continuously jeopardized unless appropriate backflow prevention devices are installed and maintained in accordance with regulations. MassDEP established regulations to protect the public health of water consumers from contaminants due to backflow events. In order to have a more effective cross connection control program it is required the cooperation and involvement of other city officials, such as


Date: 1/19/12
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral $14,650 Penalty Assessment Notice to Red Brick Courtyard, LLC for Waste Site Cleanup violations in Worcester. The company failed to characterize wastes in a number of barrels maintained at its facility, and then provided those barrels to an unlicensed transporter for removal. The drums were later discovered to have been illegally disposed of on Congdon Street, a public way in Worcester, with a least one of the drums having leaked a portion of its contents onto that public way. A state contractor was subsequently contacted to respond to the disposal site to remove the original drums, as well as a number of additional barrels of oil-contaminated soils created from the cleanup activities. Today's Penalty was issued after numerous unsuccessful attempts to resolve the matter through a Consent Order.


Date: 1/19/12
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral $50,000 Penalty Assessment Notice to Jose R. Perez for a Hazardous Waste Management violations in Worcester. Perez, a resident of Worcester, is not a licensed hazardous waste transporter; however, he accepted and illegally transported barrels of hazardous waste from Red Brick Courtyard, LLC, and subsequently disposed of them on Congdon Street, a public way in Worcester. At least one of the abandoned drums leaked a portion of its contents onto that public way. A state contractor was subsequently contacted to respond to the disposal site to remove the original drums, as well as a number of additional barrels of oil-contaminated soils created from the cleanup activities. Today's Penalty was issued after numerous unsuccessful attempts to resolve the matter through a Consent Order.


Date: 1/19/12
municipality: ['Hingham', 'Swansea']
Text:
  MassDEP entered into a Consent Order with a $26,100 Penalty involving AEI and Regional Industrial Services Corp. (RIS) for Asbestos violations. RIS is a demolition contractor in Massachusetts. MassDEP personnel determined during an investigation that RIS had contracted with AEI to perform asbestos abatement at 3 Seal Cove Road in Hingham and the Swansea Mall, 579 G.A.R. Highway, in Swansea. MassDEP determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and RIS had failed to notify MassDEP of asbestos abatement on two occasions at the sites. As a result of the violations RIS will pay $9,800 and $16,300 will be suspended for a period of nineteen months.


Date: 1/17/12
municipality: []
Text:
  MassDEP issued a $250 Penalty Assessment Notices to Amber Henchey and William Velez of West Springfield. Henchey and Velez were issued the PAN due to their involvement in the disposal of a bucket of used motor oil which was depicted on a nearby surveillance camera that the Environmental Strike Force installed in West Springfield. The incident was captured by the video surveillance on 10/8/2011. The vehicle involved belonged to Henchey. She acknowledged that she was the driver of the vehicle and identified the other occupant of the vehicle as Velez. Velez subsequently acknowledged his involvement in the incident.


Date: 1/15/12
municipality: []
Text:
  MassDEP executed a Consent Order with AAA Auto Clinic for Waste Site Cleanup violations at 600 Main Street in Watertown. Specifically, the violations were for failure to submit a phase one (assessment) report and tier classification (ranking) submittal or a (final) response action outcome statement by the one-year deadline. Previously, a Notice of Noncompliance (NON) was issued to the operation on 9/8/11 and the deadline for achieving compliance was also extended in an amended NON on 10/5/11. In December of 2011, AAA Auto Clinic contacted MassDEP with another, a second request for extension and a proposed schedule to return the cleanup of this site to compliance. Today's Consent Order includes the requested schedule; it also, includes a stipulated penalty provision for any further missed deadlines.


Date: 1/13/12
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Southwick Board of Public Works to address compliance with Water Supply regulations. The Town of Southwick Board of Public Works will address needed repainting/recoating of one of the Bonnie View Storage Tanks. Under today's Consent Order, the parties have agreed to an alternative corrective action plan, i.e., the permitting, construction and installation of a new water storage tank to replace an existing deteriorating tank.1/10/12


Date: 1/10/12
municipality: ['Rockland']
Text:
  MassDEP entered into a Consent Order with a $4,175 Penalty involving 3M Company for Air Quality and Hazardous Waste Management violations in Rockland. MassDEP determined the violations during a compliance inspection in July 2011. As part of today's agreement, 3M will develop and implement a plan for cleaning the miscellaneous metal parts (under the cold-cleaning degreaser requirements) to ensure that the Air Quality units operate during all production runs. Further, 3M will either perform stack testing of three current units, or submit an application to install new Air Quality control units. To address hazardous waste violations, 3M will update and maintain the following


Date: 1/6/12
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving User-Friendly Recycling, LLC, for Hazardous Waste Management violations in Taunton. User-Friendly Recycling, located at 250 Cape Highway in East Taunton, is a used computer retailer and CRT monitor recycling facility. User-Friendly contacted the MassDEP and USEPA to notify the agencies that they were in receipt of a hazardous waste (crushed CRT glass). An inspection of the facility revealed over 80,000 pounds of crushed CRT glass. The material had been received without Hazardous Waste Manifests (two shipments), were improperly labeled and also being stored at this facility which was operating without a Hazardous Waste License. Final settlement utilizing the Small Business Policy, included the requirement that all hazardous waste onsite was properly labeled, handled and transported to a Licensed Hazardous Waste Facility prior to issuance of today's Order.


Date: 1/6/12
municipality: ['Hawley']
Text:
  MassDEP issue d a Declaration of Water Supply Emergency to Dubuque State Forest in Hawley. The Mass Department of Conservation and Recreation (DCR) operate a public water system located in Hawley at the Dubuque State Forest. A lack of well production prompted the request for alternate water while DCR addresses this problem. Currently, Americorps volunteers are housed at the facility and the facility continues to serve DCR staff and the public.1/5/12


Date: 1/5/12
municipality: []
Text:
  MassDEP executed a Consent Order with a $14,135 Penalty involving Trent Davis, d/b/a DFS Property Management for Asbestos violations at 119 East Street in North Attleboro. As a result of a referral from the North Attleboro Board of Health, MassDEP inspected the site and found that a boiler in a multi-family dwelling owned by Davis had been dismantled with resulting damage to asbestos pipe insulation. The basement, outdoor area and entryway to the building have since been decontaminated. The violations included failure to notify, failure to follow required procedures for removal of asbestos containing material and failure to properly containerize the removed material. Davis has demonstrated an inability to pay and has agreed to complete a Supplemental Environmental Project (SEP).


Date: 1/5/12
municipality: ['Carver']
Text:
  MassDEP has appealed an Order of Conditions issued by the Carver Conservation Commission to Entero Energy LLC in Carver. MassDEP appealed the approval of the proposed installation of solar photovoltaic panels in a four-acre cranberry bog. The proposal does not meet the performance standards for Bordering Vegetated Wetlands (BVW) in that greater than 5,000 square feet of BVW alteration had been allowed by the commission. An on-site meeting will be scheduled in order to discuss what, if any, permissible alternatives exist at the site.1/5/12


Date: 1/4/12
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $29,100 Penalty involving Chapman Construction/Design Co. for Asbestos violations at the Boston University Building located at 111 Cummington Street in Boston. Chapman is the general contractor for this BU building at 111 Cummington Street. MassDEP responded to a call regarding improper asbestos removal. During that investigation MassDEP determined that Chapman had removed and impacted asbestos containing materials on the first floor and the basement. In addition, some of the materials had been improperly disposed. MassDEP determined that Chapman failed to notify MassDEP of asbestos abatement and failed to use proper work practices procedures during the removal of asbestos from the site. As a result of the violations Chapman will pay $8,700 and $20,400 will be suspended pending full compliance for a period of two years.


Date: 1/4/12
municipality: ['Newton']
Text:
  MassDEP entered into a Consent Order with a $13,050 Penalty involving Whaling City Environmental, Inc. for Asbestos violations at 308 Walnut Street in Newton. Whaling is a Massachusetts-licensed asbestos abatement contractor. MassDEP received a request for an Emergency Waiver at 308 Walnut St in Newton. However, during the inspection MassDEP determined that Whaling had commenced removal of a small amount of asbestos at the site without notifying MassDEP as required by the regulations. As a result of the violation, Whaling will pay $500 and $12,550 will be suspended for a period of one year. The small business policy was utilized in reaching this agreement.


Date: 1/4/12
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $6,750 Penalty involving Harodite Industries, Inc. of Taunton for violations of the Water Pollution Control Regulations. An inspection was conducted of the Harodite facility by MassDEP which revealed the Water Pollution Control violations for an unpermitted industrial wastewater discharge to the surface waters of the Commonwealth.. Further, the company failed to file for a renewal of an expired sewer-connection permit, failure to have the required certified operator coverage and failure to maintain an up-to-date Operations and Maintenance (O&M) manual.


Date: 12/31/13
municipality: ['Webster']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving David M. Audette for Wetlands violations in Webster. The violations occurred at the right of way on Webster Lake located between 4 and 6 Fairfield Street in Webster. Following a request for assistance from the Webster Conservation Commission, MassDEP inspected the area and observed that filling of wetland resource areas. The violations were noted along the shoreline of the lake, and that ongoing erosion of a steep slope in the buffer zone was also occurring. Audette had not applied for the appropriate permits from the Webster Conservation Commission. The Commission had issued an Enforcement Order specifically requiring Audette to cease all work in areas under the jurisdiction of the Wetlands Protection Act.  Audette ignored the Enforcement Order and had applied for and received a Waterways License for construction of a private residential, seasonal dock on Webster Lake at the site of the violations. However, under today's Order, Audette must prevent any further violation of the Wetlands Protection Act, file for and obtain the appropriate permits from the Webster Conservation Commission, submit a plan for wetlands restoration, as well as a plan for soil stabilization. The plans will be submitted to MassDEP for review and approval. Further, Audette must implement the approved plans to remediate and restore the site by 5/14/14 and pay a $3,000 Penalty.  Under today's Order, the actions when completed will result in the restoration of 2,500 square feet of land under water body and 20 linear feet of bank on the lake.


Date: 12/30/13
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving the Olde Farm Golf Club, LLC, for Water Supply violations at Southwick. Specifically, the violations included multiple violations of public notification, sanitary survey and monitoring requirements for its public water system at The Ranch Golf Club in Southwick. The Club will pay $1,000 of the Penalty with $720 suspended pending compliance with the provisions of the Order.


Date: 12/29/13
municipality: []
Text:
  MassDEP issued 11 Notices of Noncompliance under the Vehicle Recycler Mercury Management Enforcement Initiative. The vehicle recycling facility owner/operators failed to certify by the deadline of 3/1/13 that they had removed all the mercury-added components from vehicles that they accepted in 2012 before crushing or shredding those vehicles. The agency gave the offenders 15 days to return to compliance. Those that fail to do so will be subject to additional enforcement measures, including financial penalties. More information


Date: 12/23/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving James J. Duffy Inc. for Waste Site Cleanup violations at 500 Main Street in Charlestown.  Duffy Inc. is the owner of the property where the specific violations included failure to meet deadlines as established earlier in a Notice of Noncompliance issued back on 7/16/13. Today's Order requires a tier two extension by 9/22/14 and a final response action outcome statement by 8/3/15.  Today's Order, in addition to the $2,000 Penalty, includes a stipulated penalty provision for any missed deadlines.


Date: 12/19/13
municipality: ['Lanesborough']
Text:
  MassDEP entered into an Amended Consent Order with Donnybrook, Inc., of Lanesborough relative to Water Supply compliance issues. MassDEP entered into the Amended Order with Donnybrook, Inc. regarding the activation date of a disinfection system to correct/address detections of total coliform bacteria.  


Date: 12/19/13
municipality: ['Royalston']
Text:
  MassDEP entered into a Consent Order with South Royalston Improvement Corporation regarding Water Supply violations in Royalston.  MassDEP concluded this Order with the respondent concerning multiple incidents in which the maximum contaminant level for total coliform bacteria was exceeded within this, a community public water system.  The required improvements to respondent's equipment, its long-term planning, its management and finances are all addressed and delineated in today's Order.


Date: 12/19/13
municipality: ['Ashfield']
Text:
  MassDEP entered into a Consent Order with the Massachusetts Department of Transportation (DOT) to address Wetlands violation in Ashfield.  MassDOT's District 1 Maintenance Division altered the bordering vegetated wetlands area by either depositing street sweeping materials and/or through the operation of equipment in the wetland and associated stream area. In addition to agreeing to the removal and future disposal of the street sweepings, properly, MassDOT will also restore the impacted resource areas.


Date: 12/19/13
municipality: ['Whately']
Text:
  MassDEP entered into a Consent Order with a $4,730 Penalty involving Chang Farms for Wastewater Treatment violations in Whately.  MassDEP entered into a Consent Order with Change Farms to address noncompliance at its Wastewater Treatment Facility which MassDEP discovered during an inspection of the facility. Deficiencies included


Date: 12/16/13
municipality: []
Text:
  MassDEP issued 42 Notices of Noncompliance to owners of  Underground Storage Tank (UST) facility owner/operators. These owner/operators failed to have UST inspections completed by their respective due dates in June and July, or upon installation of new tanks. MassDEP gave these offenders 45 days to return to compliance.  For those failing to do so, the matter will be subject to additional enforcement measures, including financial penalties. The UST facility owner/operators are required to have their tank systems checked every three years by MassDEP-approved third-party inspectors which the respondents are responsible to hire. The inspectors are required to report their findings to the agency. While they provide advice to their clients about compliance issues, inspectors are not authorized to enforce laws and regulations. More information


Date: 12/12/13
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to Woodland Park, Inc., for failure to distribute the required Consumer Confidence Report (for 2012) to the Charlton consumers served by this public water supplier. Woodland Park also failed to obtain a certified operator in addition to failing to distribute its 2012 Consumer Confidence Report.  Today's Order requires completion of the missing report, and further that it document that it has retained the services of a properly-certified operator to service the Woodland Park community public water system.


Date: 12/12/13
municipality: ['Belchertown']
Text:
  MassDEP issued two Unilateral Orders to Aquarius Water Company, Inc. for Water Supply violations in Belchertown. Specifically, the first Order to Aquarius regarded its failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for the Sportshaven Mobile Home Park, a community public water system.  This Order requires completion and submission of the ASR. MassDEP also issued a second Unilateral Order to Aquarius Water Company, Inc. regarding its failure to distribute its 2012 Consumer Confidence Report to its consumers and submit the CCR documentation to MassDEP for the Sportshaven Mobile Home Park, a community public water system.  This Order requires completion of the CCR and submission of the proper documentation to MassDEP.


Date: 12/12/13
municipality: ['Brimfield']
Text:
  MassDEP issued a Unilateral Order to Lester Twarowski for Water Supply violations at Brimfield. MassDEP issued the Order to Lester Twarowski regarding his failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for Village Green Campground.  The Order requires completion and submission of the ASR for the Village Green Campground, a transient non-community public water system.


Date: 12/12/13
municipality: ['Gill']
Text:
  MassDEP issued a Unilateral Order to the town of Gill regarding its failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for Gill Elementary School.  The Order requires completion and submission of the ASR for the Gill Elementary School, a non-transient non-community public water system.


Date: 12/12/13
municipality: ['Brimfield']
Text:
  MassDEP issued a Unilateral Order to Joseph Collins for Water Supply violations in Brimfield regarding his failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for Collins Apple Barn.  The Order requires completion and submission of the ASR for the Collins Apple Barn, a transient non-community public water system.


Date: 12/12/13
municipality: ['Hinsdale']
Text:
  MassDEP issued a Unilateral Order to the Aquarius Water Company, Inc. for Water Supply violations in Hinsdale regarding its failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for its Ashmere Water Service, a community public water system.  The Order requires completion and submission of the ASR.


Date: 12/12/13
municipality: ['Essex']
Text:
  MassDEP was notified that a consent judgment was announced involving Dynamic Waste Systems, Inc. of Essex for Solid Waste violations in Methuen.  A complaint along with the consent judgment was filed in Suffolk Superior Court regarding Dynamic Waste Systems, Inc. for violating the state's solid waste disposal laws by dumping more than 115 loads of construction and demolition waste, including concrete, brick, and stone, at the Methuen site over a period of 70 days. Dynamic Waste is a waste hauling company that illegally dumped multiple loads of construction and demolition waste at an unpermitted site in Methuen (the Battye Site). The complaint filed by the Massachusetts Attorney General. The consent judgment requires that Dynamic Waste pay a total of $90,000 into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site. Under the judgment, Dynamic will also pay a $3,750 Penalty.


Date: 12/9/13
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with Laurel Ridge Camping Area, Inc. for Water Supply violations in Otis. The Order concerned multiple instances in which the maximum contaminant level for total coliform bacteria occurred at its Laurel Ridge Camping Area public water system in Otis.  This Order addresses response actions should another violation occur within the next twelve months.


Date: 12/9/13
municipality: []
Text:
  MassDEP issued 71 Notices of Noncompliance to facilities under the Dental Amalgam Mercury Recycling Enforcement Initiative. The 71 dental clinics and practices across Massachusetts failed to re-certify that they have installed and are maintaining state-approved amalgam separators to keep mercury out of their wastewater discharges. Certifications are due once every five years, and these facilities missed their 6/15/13 deadline for submitting them. MassDEP is giving these offenders 30 days to comply with state requirements if they submit their certification forms and pay their overdue fees. If they fail to do this, they could face additional enforcement measures, including financial penalties. More information


Date: 12/4/13
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Cooley Dickinson Hospital in Northampton to address noncompliance with the Commonwealth's hazardous waste management regulations. MassDEP conducted an inspection at the hospital and revealed that the hospital did not determine the hazards of its hazardous wastes (pharmaceutical/medical wastes), and offered these hazardous pharmaceutical wastes to a transporter that was not licensed by MassDEP to transport hazardous wastes. The inspection also revealed hazardous waste labeling violations.  The hospital, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection.  As part of a consent order, the hospital has agreed to pay a $6,000 Penalty.  The remaining $2,000 is suspended pending the company's compliance with the terms of the agreement.


Date: 12/4/13
municipality: ['Williamsburg']
Text:
  MassDEP entered into a Consent Order with $27,379 Penalty involving Alan Bernhardt and Sallie Swartz for Asbestos violations in Williamsburg.  Following a complaint, MassDEP determined that Mr. Bernhardt and Ms. Swartz, had hired an individual to remove a section of asbestos pipe insulation from a residential rental property they owned, without filing an asbestos notification, and without instituting the proper asbestos handling and disposal procedures.  Bernhardt and Swartz cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up this property.  Bernhardt and Swartz agreed to pay $9,000 of the Penalty and MassDEP agreed that the remaining $18,379 is suspended provided that Bernhardt and Swartz comply with the terms of the Order, and remain in compliance with the state asbestos handling regulations for a one-year period.


Date: 12/3/13
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with a $7,187 Penalty involving the TJX Companies, Inc. for Waste Site Cleanup violations at the company's 162 Everett Avenue facility in Chelsea.  Specifically, TJX failed to report a 7/12/13 release of an estimated fifteen gallons of hydraulic oil to the environment as soon as possible, and within two hours after obtaining knowledge of the release, a violation. Today's Order requires TJX to prepare and submit an Oil and Hazardous Material Release Reporting and Response plan to be followed by its employees in the event of future release incidents. The company will pay $3,000 within 30 days, with the remainder suspended contingent upon the company's compliance with the terms of today's Order.  The Order also imposes stipulated penalties of $1,000 per day for any future violations.  


Date: 12/2/13
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with Martidis Pizza, Inc. for Water Supply violations in Granby. Specifically, the violations concerned multiple instances of the maximum contaminant level for total coliform bacteria occurring at its public water system in Granby.  This Order addresses response actions should another violation occur within the next twelve months.  The public water system has chosen to install ultraviolet light disinfection to prevent future problems.  


Date: 12/3/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $3,250 Penalty involving Thomas Roberts for Wetlands violations in Bondsville (Palmer). MassDEP determined that Thomas Roberts cleared 3,050 square feet of riverfront area and 3,025 square feet of bordering vegetated wetlands at his farm.  In addition to the restoration of the impacted areas, Roberts agreed to pay the $1,000 of the Penalty and $2,250 is suspended provided Roberts completes the restoration and has no future violations of the Wetlands Protection Act.


Date: 11/27/13
municipality: ['Rowe']
Text:
  MassDEP entered into a Consent Order with Unitarian-Universalists Rowe Camp and Conference Center for Water Supply violations in Rowe.  Specifically, the Center exceeded on multiple occasions the Maximum Contaminant Level for total coliform bacteria at its public water system in Rowe.  Today's Order addresses response actions should another violation occur within the next twelve months.


Date: 11/27/13
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with a $23,285 Penalty involving Borges Construction, Inc. for Waste Site Cleanup violations in Greenfield. Borges Construction, Inc, of Ludlow, was working at a road improvement project on Conway Street in Greenfield, and failed to notify MassDEP of a 20-gallon hydraulic fluid spill that occurred on 5/24/13 at 1


Date: 11/20/13
municipality: ['Florida']
Text:
  MassDEP entered into Consent Order with Christodora's Manice Education Center for Water Supply violations in Florida. Specifically, the Center exceeded on multiple occasions the Maximum Contaminant Level for total coliform bacteria and had some monitoring violations for its public water system at the Center.  Today's Order includes the installation and permitting of a chlorine disinfection treatment system.


Date: 11/20/13
municipality: ['Florida']
Text:
  MassDEP entered into a Consent Order with Manice Education Center for Water Supply violations in Florida. Specifically, the Manice Education Center exceeded the Maximum Contaminant Level for bacteria on repeated occasions in its Public Water System.  Pursuant to today's Order, Manice will apply for and obtain a permit to install a permanent disinfection system.


Date: 11/19/13
municipality: []
Text:
  MassDEP issued a Unilateral Order to George D. Harlow Field (Marshfield Airport) for Wetlands violations at 93 Old Colony Lane. MassDEP's Wetlands program issued a Unilateral (Enforcement) Order and Notice of Noncompliance to the town of Marshfield Airport Commission for violations of the variance Order of Conditions that was properly issued on 6/1/12.  A number of conditions contained in the variance Order of Conditions have either not been complied with, or were not complied within the timeframe established in the variance.  The violations include failure to submit required plans and reports, as well as implementing changes to the approved plans without prior MassDEP approval.  Today's Order directs the Airport Commission to read and comply with the terms and conditions contained in the variance Order of Conditions and to submit the required material within 30 days.


Date: 11/18/13
municipality: []
Text:
  MassDEP issued Air Source Registration Non-Filer Enforcement to 62 facilities across the Commonwealth of Massachusetts. Notices of Noncompliance (NONs) were issued to 62 facilities across the state for failing to submit their 2012 Source Registrations, as required under 310 CMR 7.12(2).  These annual filings are required of facilities that meet certain potential emissions, maximum heat input capacity or categorical criteria specified in the regulations. MassDEP gave the non-filing facilities 30 days to file their overdue Source Registrations or be subject to further enforcement.  More information


Date: 11/15/13
municipality: ['Dover']
Text:
  MassDEP entered into a Consent Order with a $23,800 Penalty involving Gulf Resources, Inc., for Waste Site Cleanup violations in Dover.  On 12/21/12, MassDEP issued a Notice of Audit Finding and Notice of Noncompliance ("NOAF/NON") to the respondent.  The NOAF/NON determined that at this site, the soil exposure point concentration for hydrocarbon fractions exceeded the Method 1 cleanup standards and therefore did not support a condition of 'No Significant Risk' and the concomitant final Response Action Outcome. This represents a violation.  MassDEP's NOAF/NON of this violation required the respondent to take actions to be completed within 120 days. These actions were not met. As a result of the violations, the respondent was assessed a $23,800 Penalty. MassDEP has agreed to suspend $21,800 to be paid over one year.  The Order also requires Gulf Resources, Inc. to conduct additional investigations to adequately define the extent of soil contamination and to submit a revised final Response Action Outcome, and proper risk characterization.


Date: 11/14/13
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving Ocean Crest Seafood, Inc. for Industrial Wastewater Discharge violations at 88 Commercial Street in Gloucester. MassDEP found during an unannounced inspection at this fresh fish processing facility the violations, which consisted of not having received a National Pollutant Discharge Elimination System (NPDES) permit to discharge process wastewater to the waters of the Commonwealth. Such discharge of industrial wastewater to surface waters of the Commonwealth requires an NPDES permit to be in place. In addition, Ocean Crest Seafood, Inc. uses an industrial wastewater holding tank when a sewer system is available, also a violation. Ocean Crest Seafood, Inc. will pay a $3,305 of the Penalty within thirty days. MassDEP agreed to suspend the remaining $3,305. Additionally, Ocean Crest Seafood, Inc. will apply for a city of Gloucester publicly-owned treatment work sewer connection permit, and the use of the industrial wastewater holding tank and discharge of industrial wastewater to the ocean will cease.  The facility is required to obtain a sewer connection permit within sixty (60) days, and if the facility requires pre-treatment, MassDEP shall be provided with that information.   


Date: 11/14/13
municipality: ['Wilmington']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty Richard F. Lodico and Susan W. Lodico for Wetlands violations at 499 Woburn Street in Wilmington. In response to complaints from neighbors, MassDEP inspected the site and found that approximately 100 linear feet of intermittent  stream bed had been excavated, filled with stone, and re-graded resulting in the alteration of approximately 200 linear feet of 'bank'. Re-grading activity had also taken place in the buffer zone and this activity had taken place without any of the proper approvals or authorization. Today's Order requires full restoration of the 200 linear feet of 'bank', and particularly restoration and hand maintenance of the intermittent stream for flood control.  The document also requires $500 of the Penalty, with $13,500, suspended.  


Date: 11/14/13
municipality: ['Mattapoisett']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Daniel & Laurie Darosa for Wetlands violations in Mattapoisett. The property owners, Daniel & Laurie Darosa, failed to comply or exceeded  the specific terms of the Superseding Order of Conditions they obtained to begin the work. Also there were violations in connection with the alteration of coastal beach during the construction of a house on Mattapoisett Harbor. Today's Order requires restoration of the altered beach and payment of the $7,500 Penalty.


Date: 11/13/13
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $12,945 Penalty involving Taunton Municipal Lighting Plant for violations along a utility easement on Brook Street in Taunton. The Plant failed to notify MassDEP within 120 days of a release to groundwater above the reportable concentrations at a utility easement.  Under today's Order, the Plant will pay $7,767 of the Penalty with the remainder of the Penalty ($5,178) suspended pending compliance.


Date: 11/13/13
municipality: ['Charlemont', 'Williamsburg']
Text:
  MassDEP entered into a Consent Order with an $18,000 Penalty involving Clayton D. Davenport, Inc. for Wetlands and Hazardous Waste Management violations in Charlemont & Williamsburg. Under today's Order, Davenport will address violations of the applicable water quality certifications at two bridge projects that resulted in impacts to the Mill River in Williamsburg and the East Oxbow Brook in Charlemont. In addition, MassDEP conducted an inspection of Davenport's business site and determined that Davenport had waste oil handling violations as well.  Davenport has agreed to pay $18,000 of the Penalty in settlement of these violations.


Date: 11/13/13
municipality: ['North Andover']
Text:
  MassDEP entered into a Consent Order with a $14,374 Penalty involving the Greater Lawrence Sanitary District (GLSD) for Water Pollution Control violations at the North Andover treatment plant.    Today's Order requires GLSD to assess and upgrade the facility's anaerobic digestion units, in order to address foam discharge and other operational issues.  Today's Order requires GLSD to pay $7,187 of the Penalty, with the remainder, $7,187, suspended pending satisfactory completion of the work.


Date: 11/12/13
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with Camp Watitoh, Inc., for Water Supply violations in Becket. Specifically, the Camp exceeded the Maximum Contaminant Level for total coliform bacteria at its public water system at its Camp Watitoh in Becket. Today's Order addresses response actions should another violation occur within the next twelve months.


Date: 11/12/13
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with a $24,430 Penalty involving E&A/I&G Campus Plaza Limited Partnership for Waste Site Cleanup violations at 454 Russell Street in Hadley.  The property is a commercial shopping center that includes a grocery store and other retail businesses and is the location of a former dry cleaner from which a release of tetrachloroethene (PCE) occurred.  Current response actions include application of a remedial additive to treat remaining chlorinated solvents present in soil and groundwater. MassDEP conducted an audit of the cleanup actions at the site and identified that the application of remedial additive exacerbated indoor air quality and that contaminated groundwater was discharging through the property's storm water system to an adjacent Wetlands area. Despite knowledge of this groundwater discharge, E&A/I&G failed to report this condition. Today's Order requires completion of changes to the storm water system to prevent further contaminated groundwater migration, changes to the remedial additive program including full time operation of the existing sub slab vapor system, and further assessment of the extent of contamination. Further, today's Order requires E&A/I&G to pay $15,000 of the Penalty with the additional $9,430 suspended pending compliance.


Date: 11/12/13
municipality: ['Granby']
Text:
  MassDEP issued a Declaration of Water Emergency to the Granby Housing Authority in Granby. The Declaration was issued due to a mechanical failure at the source for its Hillside Heights community public water system.  The Declaration allows the delivery of bulk water or bottled water to meet the community public water system needs while the repair is completed.


Date: 11/12/13
municipality: ['Burlington', 'Lexington']
Text:
  MassDEP entered into a Consent Order with $49,550 Penalty involving Core Contracting Services, Inc. for Asbestos violations in Burlington. Core Contracting Services, Inc. is a Massachusetts licensed asbestos abatement contractor. MassDEP received a complaint from the Burlington Board of Health regarding improper asbestos removal at 7 Ledgewood Drive in Burlington. During the inspection of this property, MassDEP observed that this company had performed improper asbestos removal at the site and had not properly notified prior to the work. MassDEP and the local board proceeded thereafter to 5 Boulder Drive in Burlington to conduct another inspection of the company's other work area. During the visit it was determined that the respondent had not been contracted for work at the second location and had filed inaccurate information with MassDEP. On 8/5/13, MassDEP received a complaint of improper asbestos removal at 33 Grove St in Lexington. During inspections of the site MassDEP observed that respondent had not removed the asbestos containing siding in compliance with the regulations and had not filed a notification for the work as required. As a result of the violations observed by MassDEP, the company will pay $2,500 and $47,050 will be suspended for a period of approximately two years. In addition the respondent will perform a Supplemental Environmental Project with a value of $10,000 in which the company will properly abate asbestos containing materials in the Town of Lexington's School Administration Building.


Date: 11/11/13
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Mark Hall for Wetlands violations in Westfield. MassDEP received a request for assistance from the Westfield Conservation Commission regarding Wetlands violations at Hall's property.  MassDEP found that Hall altered less than 2,500 square feet of bordering vegetated wetlands (BVW) while cutting vegetation and filling the BVW in an attempt to farm the property and shelter pigs, cows and chickens for his family's use. Today's Order requires restoration of the property.  Hall will pay $100 of the Penalty and the remainder, $11,400, is suspended pending compliance with the restoration requirements.


Date: 11/8/13
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with Montague Retreat Center, Inc. for Water Supply violations in Montague.  Specifically, the Montague Retreat Center, Inc. exceeded the Maximum Contaminant Level for total coliform bacteria on multiple occasions for its public water system at the Center in Montague. Today's Order includes response actions including disinfection should another violation occur within the next twelve months.  


Date: 11/7/13
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $13,500 Penalty involving Robert John Koslowsky for Wetlands violations at 20 Brace Cove in Gloucester. As the result of a complaint from the Gloucester Conservation Commission, MassDEP conducted a site inspection of the property and observed that an excavator had altered between ~ 2,500 square feet of coastal dune, ~ 2,500 square feet of coastal beach and ~ 2,500 square feet of bordering vegetated wetland. The violations occurred during the improvement of Brace Cove Road, and, the installation of two catch basins and two drainage pipes. One catch basin was installed in the vicinity of the property driveway, with the second catch basin being installed in coastal dune. The drainage pipes were installed in the BVW and across coastal dune and coastal beach. None of this activity was authorized by any Wetland's order of conditions. Today's Order requires full restoration of the resource areas, returning the roadway to original condition and long-term monitoring and reporting.  The respondent will also pay $4,000 of the Penalty with the remaining $9,500 suspended pending compliance with the terms of today's Order.


Date: 11/6/13
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving ApMar USA, Inc. for Air Quality, Industrial Wastewater and Hazardous Waste Management violations in Springfield. During a routine inspection of Apmar's facility, MassDEP observed violations of the applicable regulations.  The violations included failure to conduct efficiency testing of its boilers, not submitting an Air Quality source registration, storing hazardous waste in excess of allowable time, not conducting hazardous waste training for its employees, not having a complete emergency contingency plan and not complying with conditions of its sewer discharge permit.  In addition to agreeing to payment of $6,000 of the Penalty for the violations, the company agreed to implement an Environmental Management System, correct the violations and take steps to prevent any re-occurrence of the violations in the future.  As part of the agreement, MassDEP, has agreed to suspend $2,000 of the Penalty pending the company's compliance with today's Order.


Date: 11/6/13
municipality: []
Text:
  MassDEP entered into a Consent Order with Weir Creek Realty Co., LLC for $1,437.50 Surface Water Discharge violations at the Sandbar Restaurant in West Dennis.  MassDEP found surface water discharge permit violations specifically for an illegal discharge emanating from the Sandbar Restaurant and discharging to Weir Creek. The discharge was immediately ceased.  Under the terms of the Order, Weir Creek Realty Co. will pay a penalty of $1,437.50. This Penalty amount was reduced under MassDEP's small business policy.


Date: 11/6/13
municipality: ['Gill']
Text:
  MassDEP entered into a Consent Order with B & G Golf Associates, LLC, for Water Supply violations in Gill. Specifically, MassDEP found that Oak Ridge Golf Club, LLC in Gill, exceeded the Maximum Contaminant Level for total coliform bacteria on multiple occasions for its public water system at the Oak Ridge Golf Club in Gill.   Today's Order addresses response actions should another violation occur within the next twelve months 11/6/13


Date: 11/4/13
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $24,400 Penalty involving MJ Environmental for Asbestos violations in Pittsfield.  The violations were discovered during MassDEP's inspection of asbestos abatement work that had been conducted on a vacant building located in Pittsfield.  During the inspection, MassDEP found that MJ had removed asbestos transite siding from the building without instituting the proper asbestos handling procedures. Under the terms of today's Order, the respondent, MJ, will pay $10,000 with the remaining $14,400 suspended provided that the company complies with the terms of the Order and remains in compliance with the state asbestos handling regulations for two years.


Date: 11/4/13
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with UAHC Eisner Camp Institute for Water Supply violations in Great Barrington. The Camp exceeded on multiple occasions the Maximum Contaminant Level for total coliform bacteria for its public water system at the Eisner Camp in Great Barrington. Today's Order addresses response actions should another violation occur within the next twelve months and before the Camp connects to the Great Barrington Fire District system.


Date: 11/4/13
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving CAPS Auto Wrecking Corp for Waste Site Cleanup violations at 1069 Western Avenue in Lynn. The company is the owner of the property where specific violations were the failure to meet deadlines established in a previous Consent Order as executed on 6/2/11.  Today's Order now requires a tier two extension (cleanup permit) submitted by 10/30/13 and a final response action outcome statement by no later than 3/10/15. Today's Order requires payment of $2,000 with the remaining $28,000 suspended with stipulated penalty provision for any missed deadlines.


Date: 11/1/13
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving Vadim Tulchinsky for Asbestos violations at 39 Oakland Avenue in Everett. MassDEP responded to a complaint of illegal asbestos removal at the site, where the respondent is the owner of the residential property. MassDEP observed during the inspection of the site that asbestos containing pipe insulation had been improperly removed from pipes in the basement, and mixed with soils in the rear of the property. As a result of the MassDEP inspection, the respondent hired an asbestos consultant and a licensed asbestos abatement contractor to remove contaminated soils from the site. Due to the respondent's demonstrated inability to pay, MassDEP has agreed to suspend the entire $30,100 Penalty for a period of three years - pending demonstrated compliance.


Date: 10/31/13
municipality: ['Stockbridge']
Text:
  MassDEP entered into a Consent Order with Oronoque Condominium Association for Water Supply violations in Stockbridge.  MassDEP issued a Boil Water Order to Oronoque Condominium Association due to the detection of  e coli (fecal) bacteria in the source water for its public water system in Stockbridge.  Today's Order requires additional samples, investigation and reporting as well as public notice to consumers.  The boil water requirement was lifted on 11/4/13 upon acceptable water quality sample results.


Date: 10/30/13
municipality: ['Stockbridge']
Text:
  MassDEP entered into a Consent Order with the Berkshire Theatre Festival, Inc., for Water Supply violations in Stockbridge. The violations concerned multiple incidents in which elevated levels above the maximum contaminant level for total coliform bacteria at this, a public water system at the Lavan Center in Stockbridge.  Today's Order includes response actions including disinfection in the event that another incident of elevated bacteria occurs within the next 12 months.


Date: 10/30/13
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty involving Saint-Gobain Performance Plastics Corporation for Hazardous Waste Management violations in Worcester.  The company accumulated hazardous waste longer than the 90-day limit for this type (large quantity generator) of registered facility.  Today's Order requires compliance with applicable regulations and that the company pays $1,730 of the Penalty with the remainder ($5,170) suspended pending completion of a Supplemental Environmental Project.  Under the SEP the respondent will provide for the purchase of four iPads and associated hardware and software that will be given to the Worcester Fire Department.  The iPads will allow first responders to access the CAMEO Chemical Database website while in the field providing them with detailed datasheets within seconds.  Today's Order will also help ensure compliance with applicable Hazardous Waste Management regulations.  


Date: 10/29/13
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving MEG Realty, LLC, for Waste Site Cleanup violations in Chicopee. Specifically, the company failed to comply with a Notice of Noncompliance requiring the remediation of oil contamination.  A release of heating oil was discovered at an off-site location.  The source of the release was determined to be a former underground storage tank located at the site.  The company was issued a notice of responsibility for remediation of the release but failed to respond to that notice or the subsequent notice of noncompliance that required certain response actions to address the oil contamination.  Today's Order requires MEG Realty, LLC pay a penalty of $5,000 and complete response actions to remediate the oil contamination.


Date: 10/28/13
municipality: []
Text:
  MassDEP issued 23 Penalty Assessment Notices to dental clinics and practices under the Environmental Results Program's dental amalgam mercury recycling enforcement initiative.  These Massachusetts facilities failed to submit certifications that they have installed and are maintaining state-approved amalgam separators to keep mercury out of their wastewater discharges. The dental facilities were among a group of 90 that MassDEP cited over the summer for failing to certify, and gave 30 days to return to compliance and pay overdue fees. Sixty-seven facilities did so, but these 23 did not. The offenders have 21 days to submit their overdue certifications, pay $500 penalties, and submit $460 registration fees (payable every five years) to MassDEP if they haven't done so already.


Date: 10/28/13
municipality: []
Text:
  MassDEP issued 42 Notices of Noncompliance to facility owner/operators of underground storage tanks (UST) for failing to have third-party UST inspections completed by their respective due dates between 3/1/13 and 5/31/13, or upon installation of a new tank. The agency gave the offenders 45 days to return to compliance. Failing to do so will subject these entities to additional enforcement measures, including financial penalties. UST facility owner/operators are required to have their tank systems checked every three years by MassDEP-approved third-party inspectors (TPIs) they hire. 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.


Date: 10/28/13
municipality: ['Holland']
Text:
  MassDEP entered into a Consent Order with Dentamaro Incorporated for Water Supply violations in Holland.  Specifically the violations regarded the elevated level of nitrate that exceeded the maximum contaminant level at Diane's Villa Nova, a public water system located in Holland.  Today's Order addresses the required actions that need to be taken relative to monitoring and corrective steps.


Date: 10/28/13
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with Clover Hill Country Store, Inc. for Water Supply violations in Hardwick.  The violations concerned elevated levels of total coliform bacteria that exceeded the maximum contaminant level for this a public water system at the Clover Hill Country Store in Hardwick.  Today's Order includes response actions including disinfection should another violation occur within the next twelve months.


Date: 10/28/13
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with the American Institute for Economic Research (AIER) or Water Supply violations in Great Barrington.  Specifically, the violations concerned elevated levels of total coliform bacteria that exceeded the maximum contaminant level for total coliform bacteria for its public water system at the AIER facility in Great Barrington.  Today's Order includes response actions including disinfection should another violation occur within the next twelve months.


Date: 10/28/13
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with Camp Overflow, LLC, for Water Supply violations in Otis. Specifically, the violations concerned elevated levels of total coliform bacteria, and the detection of e coli bacteria within its public water system at Camp Overflow, LLC in Otis.  Today's Order includes certain required response actions by the respondent that must be addressed prior to the start of the 2014 season including chlorine disinfection.


Date: 10/28/13
municipality: ['Hinsdale']
Text:
  MassDEP entered into a Consent Order with Wahnee Taconic Berkshire Associates, Inc. for Water Supply violations in Hinsdale.  Specifically, the violations concerned the repeated elevated levels of total coliform bacteria within its public water system at Camp Taconic in Hinsdale.  Today's Order includes response actions including disinfection should another violation occur within the next twelve months.  


Date: 10/28/13
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with Bonny Rigg Camp Club, Incorporated for Water Supply violations in Becket.  Specifically, the violations concerned the repeated elevated levels of total coliform bacteria that exceeded the maximum contaminant level within its public water system at Bonny Rigg Camping Club in Becket.  Today's Order includes response actions including disinfection should another violation occur within the next twelve months.


Date: 10/28/13
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty involving Holyoke Medical Center for Solid Waste violations in Holyoke.  Specifically, regulated medical waste from HMC was identified in solid waste at the Granby Landfill.  Regulated medical waste requires additional permitting and handling safeguards which were not provided in this instance.  As part of the settlement, HMC will pay $15,000 of the Penalty with the remaining $10,000 suspended provided that HMC remains in compliance for two years.


Date: 10/28/13
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving South Hadley Landfill, LLC for violations in South Hadley. Specifically, SHL failed to notify, as required under its operating permit.  SHL operated the landfill and allowed contact stormwater to leave the limits of the landfill.  As part of the settlement, SHL will pay a civil administrative penalty of $20,000, and has agreed to notify and operate the landfill in compliance and make appropriate stormwater improvements.


Date: 10/28/13
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $4,335 Penalty involving First Tee, LLC, for Wetlands violations in Southwick.  First Tee, LLC has agreed to address violations at the Tekoa Country Club golf course. First Tee had removed sediment from a stream and stockpiled it in a bordering vegetated wetlands resulting in impacts to less than 2,500 square feet of BVW.  Today's Order provides for the restoration of the BVW and payment of $1,000 in Penalty with an additional $3,335 Penalty suspended, pending compliance with the restoration requirements.


Date: 10/25/13
municipality: ['Newbury', 'Warren']
Text:
  MassDEP entered into a Consent Order with a $55,800 Penalty regarding Fatherland Farms subdivision for Wetlands violations off of Central Street in Newbury.  Specifically, the subdivision (represented by Warren E. Manter) is responsible for not responding to numerous MassDEP attempts to solicit a request for a certificate of compliance from Manter for a project (built under MassDEP file #50-393). MassDEP issued a notice of noncompliance on 8/30/12 requiring that a certificate request with all supporting documentation to be submitted within 60 days.  When the submittal was made, some required information was not included.  However, the information submitted did document significant violations, including undersized bordering vegetated wetland replication areas, bordering land subject to flooding compensatory storage areas, and, stormwater control features.  Subsequent information supplied to MassDEP and an inspection of the property revealed additional non conformance with the approved plans.  As a result, today's Order requires detailed reports on the existing replication areas documenting success, including replacement of wildlife habitat, and plan(s) to provide the necessary remaining compensatory storage, stormwater control and appropriate replication with long-term monitoring.  The document also includes a paid penalty of $15,000 plus $40,800 suspended upon full compliance, by 10/31/19.


Date: 10/24/13
municipality: ['Lynn']
Text:
  MassDEP executed a Consent Order with a $31,000 Penalty involving Beacon Bel Realty Trust for Waste Site Cleanup violations at 282(R) the Lynnway in Lynn. Specifically, violations were for failure meet deadlines spelled out earlier in MassDEP's notice of noncompliance issued on June 13, 2012.  Today's Order requires a tier two (cleanup permit) extension to be submitted by 12/31/13 and a phase two assessment report and remedy alternatives report by 6/4/14.  Also, a phase four, or remedy implementation report, is due by 9/25/14 and a final response action outcome statement by 1/15/15.  Today's Order contains a $31,000 penalty with $27,900 suspended pending compliance with a stipulated penalty provision for any missed deadlines


Date: 10/24/13
municipality: ['Needham']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with a $28,000 Penalty involving JMN Realty Trust for Waste Site Cleanup violations at 52 Wexford Street in Needham.  John Negoshian represented the Trust, the owner and/or operator of the property at 52 Wexford Street, Needham.  Massachusetts. Specifically, violations there involved failure to meet deadlines set out in an earlier Consent Order from 6/1/12.  Today's Order, Amends that previous Order but now requires the respondent to submit a tier two (cleanup permit) extension by 10/30/13 and a final response action outcome statement by 8/2/14.  The Trust will pay $1,500 of the Penalty with the remaining $26,500 of the Penalty suspended pending compliance with a stipulated penalty provision for any missed deadlines.


Date: 10/23/13
municipality: []
Text:
  MassDEP entered into a Consent Order with three Cranberry Growers for Water Management Act violations. Specifically, the violators were


Date: 10/22/13
municipality: ['Ayer']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving Littleton Lyne, LLC, for Water Pollution Control violations in Ayer. The company is required to resolve violations of the Groundwater Discharge Permit regulations that occurred at its property, Littleton Lyne Apartments located on Littleton Road in Ayer. MassDEP determined the existing large (Title 5) sewage discharge system at the apartment complex is located within the interim wellhead protection area of a public water supply source.  Today's Order establishes an enforceable schedule to correct the violations by connecting the apartment complex into the Ayer municipal sewer system and the Ayer Public Water System. The entire $2,000 Penalty will be suspended pending compliance with the terms of the Order. Through this action 13,200 gallons of wastewater per day will be properly treated and the 150 residents of the complex will continue to receive a potable water supply. 10/18/13


Date: 10/17/13
municipality: ['Wilmington']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving Daniel Fonzie for Wetlands violations at 15 Kelly Road in Wilmington.   Following the issuance of a superseding order of conditions ("SOC") being issued in July of 2001 for the construction of a single family house in the buffer zone, Fonzie acquired this property in 2002 and began construction and other activities on the property, which have been found to be in violation of the SOC.  After multiple Enforcement Orders, other notices of violations and cease and desist orders issued by the Wilmington Conservation Commission, MassDEP received a request for a certificate of compliance on 11/16/12 that did not contain the required as-built plans.  Upon receiving an as-built plan, MassDEP conducted a site inspection in April 2013 and observed that in fact, approximately 1,872 square feet of bordering vegetated wetland had been converted to lawn (a violation). Today's Order requires a plan to restore areas and provide a one to a one-point-five ratio of restoration as agreed to by Fonzie. Further, there is a long- term monitoring requirement and Fonzie has agreed to pay $8,000 of the Penalty with the remainder $9,250 suspended pending compliance after three years.


Date: 10/16/13
municipality: ['Wales']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Arthur King for Wetlands violations in Wales. King allowed for unpermitted construction of a retaining wall at his property on Lake George, a Great Pond. In addition to the Penalty, today's Order will result in the removal of the unpermitted structure, restoration of the bank, removal of associated fill in the flood plain and re-vegetation of the site with native vegetation.


Date: 10/16/13
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with a $9,775 Penalty involving Chestnut Mart for Water Supply violations in Granby. Chestnut Mart is a gas station convenience store, which operates a transient non-community public water system for modification of its public water system without prior MassDEP approval.  The violation occurred when a required ultra-violet treatment system was bypassed at the facility.  The violation was discovered as the result of a positive e coli (fecal ) bacteria sample result from routine drinking water samples.  In addition to the modification of the system to remove the bypass, Chestnut Mart has agreed to pay $1,000 of the Penalty with the remainder $8,775 of the Penalty suspended pending compliance.


Date: 10/16/13
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty involving Urs Gauchat for Asbestos violations at 16 Tremont Street in Boston.  Gauchat owned the residential property at 16 Tremont Street in Boston.  MassDEP responded to a complaint from the city of Boston regarding improper asbestos removal at the site.  MassDEP observed during the inspection that the respondent had improperly removed asbestos containing pipe insulation from the boiler room which was adjacent to the kitchen of the occupied residential property at the site. MassDEP observed dry asbestos containing waste materials on the piping and the floor at the site.  MassDEP required the respondent employ a Massachusetts licensed asbestos removal contractor to decontaminate the site. As a result of the violations, the respondent has now agreed to pay $9,000 of the Penalty with the remainder, $8,050, suspended for a period of approximately two years pending compliance over that timeframe.


Date: 10/15/13
municipality: ['Beverly']
Text:
  MassDEP entered into a Consent Order with a $13,490 Penalty involving Northeast Hospital Corporation for Air Quality and Hazardous Waste Management violations at 85 Herrick Street in Beverly. MassDEP inspected Northeast Hospital Corporation on 1/9/13 and 1/11/13 and found the violations. Some of the violations included storing hazardous waste over 180 days, improperly labeled hazardous waste containers, missing weekly inspections, lack of hazardous waste training, and failure to post proper emergency information.  Northeast Hospital Corporation agreed to pay $6,745 of the Penalty with the remainder ($6,745) suspended for one year if the company remains in compliance over that timeframe.


Date: 10/10/13
municipality: ['Auburn']
Text:
  MassDEP entered into a Consent Order with a $600 Penalty involving Atech Turbine Components, Inc. for Hazardous Waste Management violations in Auburn.  The company accumulated hazardous waste in excess of its registered status.  Under today's Order the company is required to return the facility to compliance with applicable regulations and payment of a $600 Penalty. Today's Order will help ensure compliance with applicable Hazardous Waste Regulations.    


Date: 10/10/13
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with a $26,140 Penalty involving G.V.W. Incorporated, for Asbestos violations in Amherst.  MassDEP executed today's Order with this general contractor for violating the state asbestos regulations.  The violations were discovered during MassDEP's complaint investigation of alleged improper removal of asbestos-containing materials at the University of Massachusetts in Amherst.  MassDEP conducted a site inspection and determined that GVW had removed asbestos-containing building materials without filing an asbestos notification, and without instituting the proper asbestos handling procedures.  GVW cooperated with MassDEP and arranged to have a Massachusetts-licensed asbestos contractor clean up the site. Under today's Order, GVW will pay $6,000 of the penalty, and the remainder of the Penalty ($20,140) will be suspended for one year provided that the company remains in compliance with the state asbestos regulations during that timeframe.


Date: 10/10/13
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with a $17,875 Penalty involving Safe Environment of America, Inc., for Asbestos violations in Amherst.  MassDEP found this asbestos abatement contractor was responsible for violating the state Asbestos regulations.  The violations were discovered during MassDEP's complaint investigation of alleged improper removal of asbestos-containing materials at the University of Massachusetts in Amherst. MassDEP conducted a site inspection and determined that SEA was performing asbestos removal activities without properly employing asbestos handling procedures. SEA agreed to pay $7,000 of the Penalty, with the remaining $10,875 Penalty suspended for two years provided the company remains in compliance with the state asbestos regulations over that timeframe.


Date: 10/9/13
municipality: ['Fairhaven']
Text:
  MassDEP entered into a Consent Order with a $10,070 Penalty involving Wood's Hole, Martha's Vineyard and the Nantucket Steamship Authority for Waste Site Cleanup violations at 12-14 Main Street in Fairhaven. The violations involve the vessel maintenance facility located at 12-14 Main Street, located in Fairhaven for failure to adhere to the terms and conditions of the Activity and Use Limitation placed on the site that required them to maintain a Condition of No Significant Risk. The AUL requires that the protective cover in the restricted area be maintained and inspected semi-annually.  The AUL also requires that a soil management plan (SMP) and a health and safety plan (HSP) prepared by a licensed site professional will be implemented prior to the commencement of any activity that will result in the disturbance or exposure of soil beneath said protective cover.  Inspection of the site on 9/25/12 by MassDEP confirmed that semi-annual inspections of the protective cover were not being performed in accordance with the terms and conditions of the AUL, and an electrical line was installed beneath the protective cover in the area specifically restricted by the AUL. This had been done without an SMP and HSP, a violation. Other violations, such as failure to provide documentation demonstrating signatory authority, failure to provide a registry copy of the survey plan bearing the plan book/number, and failure to provide documentation were also identified.  As a result, MassDEP negotiated today's Order, which establishes a deadline of 12/13/13 to correct the administrative violations and submit the corresponding documentation.  In addition, today's Order requires payment of $4,315 of the Penalty with the remainder of the penalty ($5,755) suspended, pending compliance.


Date: 10/9/13
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $3,200 Penalty involving Saint- Gobain Abrasives, Incorporated for Air Quality violations in Worcester. The company manufactures abrasive grinding wheels at its One New Bond Street Worcester facility. The company self-reported that it violated its air quality approval for several months in 2011 when it emitted more volatile organic compounds above the permitted limit. It was determined that the cause of the exceedance was a raw material substitution in the abrasive wheel mix and the facility has promptly returned to the original mix. The facility will pay its $3,200 Penalty, conduct extensive emission testing at the wheel mixing, molding and curing areas, and will also apply to MassDEP for a new air quality approval that will more accurately reflect its emissions. Additionally, enhanced raw material tracking and record keeping will be required for the facility.


Date: 10/8/13
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with the town of Becket - Becket Arts Center for Water Supply violations involving multiple instances of elevated levels of total coliform bacteria that exceeded the maximum contaminant level within its public water system.  The seasonal facility will install a disinfection system and provide two clean rounds of bacteria samples prior to re-opening in the spring of 2104.  


Date: 10/7/13
municipality: ['Pittsfield', 'Richmond']
Text:
  MassDEP entered into a Consent Order with the Boys and Girls Club of Pittsfield for Water Supply violations in Richmond. The Boys and Girls Club of Pittsfield, which serves as a public water supply, had multiple occurrences involving elevated levels of total coliform bacteria that exceeded the maximum contaminant level within its public water system at Camp Russell located in Richmond.  The exceedance in late August 2013, at or just after the end of the season, included high counts of total coliform and one count of e coli bacteria.  The Order included response actions including disinfection prior to the 2014 season or activation of a new source and public notice requirements.


Date: 10/7/13
municipality: ['Malden']
Text:
  MassDEP entered into a Consent Order with a $21,130 Penalty involving Boston Gas Company, d/b/a National Grid in Malden, for Waste Site Cleanup violations in Malden.  An Activity and Use Limitation (AUL) field inspection conducted on 6/4/13, discovered that construction activities had occurred within the AUL area without the required precautions. MassDEP's subsequent review of the case indicated that none of the work was done under a response action plan such as a release abatement measure a soil management plan (SMP) prepared by an licensed site professional was not done as required. Also, soil was not properly managed and was transported from the property without preparing a proper bill of lading.  At the time of the violations, the respondent was installing a new natural gas line under planned utility work to replace an existing line.  As a result of the violations National Grid will pay $15,000 of the Penalty and the remaining $6,130 will be suspended pending compliance. Today's Order also requires National Grid to submit a Standard Operating Procedure (SOP) for future projects on Oil and Hazardous Material Release Sites to ensure compliance, and those sites that have within them an AUL if applicable.  A copy of the completed SOP shall be provided to MassDEP within 45 days.


Date: 10/4/13
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Massachusetts Municipal Wholesale Electric Company for Hazardous Waste Management and Industrial Wastewater violations in Ludlow.  During a routine inspection of MMWEC's facility, MassDEP observed violations, which included exceeding the allowable hazardous waste storage time, failure to document weekly hazardous waste storage inspections and discharging industrial wastewater to the sewer system without obtaining a permit.  In addition to agreeing to the $2,000 Penalty, MMWEC will obtain a sewer user permit, correct the violations and take steps to prevent a recurrence of the violations in the future


Date: 10/3/13
municipality: ['Winchendon']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Michaela M. Krafve for Wetlands violations on Joslin Road in Winchendon. The violations occurred during construction activities on Krafve's property located at Lot B, Joslin Road in Winchendon.   MassDEP inspectors observed that bordering vegetated wetlands (BVW) and stream bank on the property had been altered during land-grading activities and construction of two culvert crossings.  Krafve did not file the required notice of intent with the local Conservation Commission prior to the work within a wetland resource area.  MassDEP issued a Unilateral Order in May of 2012 requiring Krafve to obtain the appropriate local permits, put erosion controls in place, and submit a restoration plan. The requirements of today's Order have been completed at this time.  Today's Order requires the owner to implement the approved restoration plan, monitor the restored area and submit reports as outlined in today's Order that will document re-vegetation of the area.  Through this action, 1,000 square feet of BVW and 100 linear feet of stream bank will be restored. The full $9,000 Penalty is suspended pending compliance with terms of the Order.  


Date: 10/3/13
municipality: ['Andover', 'Dracut']
Text:
  MassDEP entered into a Consent Order with a $14,375 Penalty involving the Dow Company, of Dracut for Water Pollution Control violations at the Massachusetts Department of Transportation (MA DOT) salt storage facility on River Road in Andover.  The Dow Company is constructing the new salt storage facility at the southbound I-93 ramp at Exit 45 - River Road in Andover.  MA DOT is relocating the salt storage facility, which is currently located in the cloverleaf of the I-93/I-495 interchange.  Because this facility is state-owned, MassDEP is the approving authority.  The Dow Company was hired to install the septic system and began the installation of some system components, however this was done prior to receiving a disposal system construction permit.  The Dow Company has agreed to pay $9,000 of the Penalty and $5,375 is suspended pending compliance with terms of the Order.


Date: 10/3/13
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with Christopher and Kristi Spheekas for Wetlands violations at 25 Amy Lynne Lane in Haverhill, a single family residential property.  The property is one lot on a 23-lot subdivision that received a superseding order of conditions (permit) approval in 1995.  That SOC has not received a certificate of compliance, which is obtained once the work is completed and done in accordance with the SOC. During a recent sale of the property to respondents, MassDEP received a request for a Certificate for but only for this particular lot.  Upon inspection, MassDEP found that, although the house and yard were permitted by the SOC to be in the Buffer Zone to a Bordering Vegetated Wetland (BVW), there had been approximately 1,089 square feet of BVW altered by the extension of the grassed backyard and landscaping.  Today's Order requires restoration of the damage along with monitoring and reporting demonstrating that restoration.


Date: 10/2/13
municipality: ['Ayer']
Text:
  MassDEP entered into a Consent Order with a $10,995 Penalty involving Vitasoy USA Inc. for Air Quality and Industrial Wastewater violations in Ayer. The company has been the source of numerous odor complaints over the last few years and discharged elevated levels (above its permit) of pollutants via its industrial wastewater discharge to the Ayer publicly owned treatment works.  Today's Order requires compliance with applicable regulations and payment of the Penalty.  To comply with applicable regulations, the company has hired a consultant and agreed to install a sophisticated wastewater pre-treatment system that will address odors and excess discharges.


Date: 10/2/13
municipality: ['Hanson']
Text:
  MassDEP issued a Demand for a $158,000 in Stipulated Penalties to Stonebridge Commons Condominium Trust in Hanson. The Demand was issued due to noncompliance with a previously signed Consent Order with Penalty that was executed with Stonebridge Commons Condominium Trust on 2/2/13 for violations of the ground water discharge permit effluent limits. A required engineering report has not been submitted in accordance with the deadline established.  Numerous attempts to gain compliance have been unsuccessful The ACOP provides for stipulated penalties at $1000 per day. Today's Demand has been issued for the amount of $158,000.


Date: 10/1/13
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving Steven Lissaint for Asbestos violations at 30 Swan Street in Everett.   MassDEP responded to a complaint of illegal asbestos removal at 30 Swan Street in Everett, where the respondent is the owner of the residential property.  MassDEP observed during the inspection of the site that asbestos containing pipe insulation had been improperly removed from pipes in the basement. As a result of the inspection, the respondent hired an asbestos consultant and a licensed asbestos abatement contractor to decontaminate the basement of the site. In addition, as a result Lissaint will pay $1,000 and $29,100 will be suspended for a period of one year under MassDEP's Homeowner Policy.


Date: 9/30/13
municipality: ['Somerset']
Text:
  MassDEP executed a Consent Order with an $11,212 Penalty involving Brayton Point Energy, LLC for Air Quality violations in Somerset. Specifically, the plant violated the terms of its operating permit regarding excess emissions of opacity (smoke). Brayton Point Energy is an electric generating utility located in Somerset; self reported multiple incidents in which they exceeded their permitted opacity emission limits.  The causes of these multiple incidents are reflective of deficiencies/issues with existing standard operational procedures. Today's Order requires BPE to review and revise - as necessary - its Standard Operating Procedures in order to minimize the likelihood of future excursions.  BPE has agreed to pay the $11,212 Penalty.


Date: 9/26/13
municipality: ['Framingham']
Text:
  MassDEP executed an Amendment to an existing Consent Order with JKB Inc., for Waste Site Cleanup violations at 105 Hollis Street in Framingham. The Amendment with JKB Inc, which is the owner and/or operator of the property at 105 Hollis Street, specifically pertains to violations for failure meet deadlines set out in existing Consent Order with Penalty dated 10/7/09.   The Amendment requires a phase four remedy implementation report by 10/2/13. In addition, an Immediate Response Action Status or Completion Statement will be submitted by 11/13/13 and a Response Action Outcome statement by 8/24/14. The Amendment also requires the payment of $ 2,000 of what had been the suspended Penalty.


Date: 9/26/13
municipality: ['Hubbardston']
Text:
  MassDEP issued a Unilateral Order to Hubbardston Elderly Housing Inc. for Water Supply violations.  This is a Do-Not-Drink Unilateral Order to the owner and operator of a Community Public Water System (PWS) at Hubbardston House Apartments located at 3 Old Princeton Road in Hubbardston.  Samples collected from the supplier have shown a violation of the maximum contaminant level (MCL) for nitrate.  Nitrate at concentrations in the drinking water greater than the 10 mg/L may pose an acute risk to infants under six months old.  Today's Order requires the supplier to provide public notice (tier 1) to all consumers outlining the danger to infants.  Today's Order also requires the supplier to implement their emergency response plan, evaluate potential causes of the contamination and take corrective actions, submit a corrective action plan, conduct additional monitoring, and submit an emergency response report.  Through this action the owners will continue to provide water that is safe and fit to drink to a population of 40 and anyone else visiting the facility.


Date: 9/26/13
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with the town of Ludlow for Water Supply violations at the Westover Municipal Golf Course in Ludlow. Specifically, the violations concerned multiple occurrences of elevated levels of total coliform bacteria. The Maximum Contaminant Level for total coliform bacteria was exceeded within its public water system at Westover Municipal Golf Course.  Today's Order includes response action requirements including disinfection should another incident occur within the next twelve months.


Date: 9/26/13
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $25,575 Penalty involving JDC Demolition Company Inc. for Asbestos violations at 20 Somerset Street in Boston. MassDEP performed a routine inspection at 20 Somerset Street in Boston and observed during the inspection that the respondent was not in compliance with the approved alternative work plan for the site.  In addition, MassDEP observed that asbestos-containing material had not been removed by the respondent prior to demolition activity which impacted said material. MassDEP also observed dry asbestos-containing-waste materials, asbestos-containing waste in unsealed containers, and unlabeled containers in two locations at the site.  MassDEP requested that the respondent stop all demolition and asbestos removal at the site.  As a result of the violations observed by MassDEP, the respondent was assessed a $25,575 Penalty. The respondent will pay $5,000 and $20,575 will be suspended for a period of one year. In addition, the respondent submitted a revised the alternative work plan for review and approval prior to restart of activity at the site.  Today's Order requires specific actions on the part of the respondent in order to bring the site back into compliance.


Date: 9/25/13
municipality: ['Pittsfield']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty involving Francesco Demolition, Inc. for Asbestos violations in Pittsfield. The violations were discovered during MassDEP's inspection of asbestos abatement work that had been conducted on a vacant building located in Pittsfield.  During the inspection, MassDEP found that Francesco's subcontractor had removed asbestos-transite siding from the building without instituting the proper handling procedures.  Francesco agreed to pay $2,500 of the Penalty with the remaining $7,500 suspended provided that the company complies with the terms of the Order and remains in compliance with the state asbestos-handling regulations for two years.


Date: 9/25/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,315 Penalty involving 73-81 Ashland Avenue Realty Trust for Waste Site Cleanup violations in Southbridge. Specifically, the Realty Trust violated the conditions of the property's Activity and Use Limitation (AUL) at 73-81 Ashland Avenue in Southbridge.  An AUL was recorded for this site in March 1997, which prohibits the excavation of soil at the site without an OSHA-trained operator.  During a site inspection, MassDEP observed evidence of recent excavation of a utility trench that had occurred without an OSHA-trained equipment operator, however; no exposure to impacted soil occurred as a result of this work. The AUL is not incorporated into the deed of the current owner, and obligations and conditions of the AUL are inconsistent.  A sketch of the AUL area was not included in the 1997 AUL.  73-81 Ashland Avenue Realty Trust has now agreed to a suspended $4,315 Penalty, provided that there are no additional violations for a one-year period.  Today's Order requires that a confirmatory-AUL will be recorded, which includes language to clarify obligations and conditions of the AUL at this property.  The Order also requires that all future deeds, mortgages, leases, and instruments of conveyance and transfer must include a reference to the AUL.


Date: 9/24/13
municipality: ['North Adams']
Text:
  MassDEP entered into a Consent Order with a $1,725 Penalty involving Primo Water Corporation for Water Supply violations in North Adams. MassDEP found that Primo Water Corporation was in violation in its operation of a public water system vending machine at the Wal-Mart in North Adams without prior approval as a new public water system.  In addition to requiring the facility to come into compliance, today's Order includes a payment of $1,150 of the Penalty with the remaining $575 suspended pending compliance with all provisions of the Order.


Date: 9/24/13
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with George Adams d/b/a Cedarwood Apartments for Water Supply violations in Belchertown.  MassDEP concluded today's Consent Order with Cedarwood Apartments concerning violations of the Maximum Contaminant Level for total coliform bacteria within its public water system.  Today's Order includes response action requirements including disinfection should another violation occur within the next twelve months.


Date: 9/24/13
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with Larkum Lake Real Estate Company, LLC, for Water Supply violations in Otis. The violations concerned multiple violations of the Maximum Contaminant Level for total coliform bacteria within its public water system at Berkshire Sports Academy.  Today's Order includes response action requirements including disinfection should another violation occur within the next 12 months.


Date: 9/23/13
municipality: ['Warwick']
Text:
  MassDEP entered into a Consent Order with Scott Williams d/b/a Wagon Wheel Camping Area, for Water Supply violations in Warwick.  MassDEP determined that Wagon Wheel Camping Area failed to collect follow up samples after e coli bacteria was detected in its public water system source and failed to provide public notification associated with that detection.  Today's Order includes the requirement to complete public notification to users of the system.


Date: 9/23/13
municipality: ['Longmeadow']
Text:
  MassDEP executed a Consent Order with the town of Longmeadow for Water Supply violations in Longmeadow. MassDEP concluded that Longmeadow violated Water Supply Maximum Contaminant Level for total tri-halo-methane (or TTHM) within the town's public water system.  TTHM are disinfection byproducts. Today's Order includes a period of time to work cooperatively with its wholesale public water system (Springfield Water and Sewer Commission) to lower TTHMs.  If that is not successful, Longmeadow must submit a report of options and a corrective action schedule.  MassDEP approved corrective actions and the schedule would be incorporated into an amended Order.


Date: 9/23/13
municipality: ['Huntington']
Text:
  MassDEP entered into a Consent Order with Gateway Regional School District for Water Supply violations in Huntington. Gateway Regional School District was found to have deficiencies at its Gateway Regional School in Huntington.  Today's Order includes a schedule to submit a permit application and complete construction work.


Date: 9/23/13
municipality: ['Wales']
Text:
  MassDEP issued a Unilateral Order to Wales Village, LLC for Water Supply violations in Wales.  The company failed to address the water loss and pressure loss due to a water main break within its community public water system at Brookside Village in Wales.  Today's Order includes the Declaration of Water Emergency and Boil Water Order requirements.  


Date: 9/20/13
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Don Lia, for Waste Site Cleanup violations in Northampton. Lia was found to have violated the Waste Site Cleanup regulations at 171-187 King Street in Northampton.  A temporary solution was achieved and filed for the site back in March 2012.  The temporary solution, however, requires certain conditions be maintained to prevent exposure to remaining site contaminants.  MassDEP audited this site and determined that Lia failed to demonstrate and maintain those conditions. The so-called 'temporary solution' failed to evaluate potential risk to exposure to contaminated soil by utility workers.  MassDEP's inspection of the site also indicated that existing pavement necessary to prevent exposure to underlying soil contamination was not being maintained.  MassDEP issued a Notice of Noncompliance to Lia that outlined the above violations and provided a schedule to return the site to compliance.  However, Lia failed to respond to MassDEP's Notice.  Today's Consent Order requires Lia to pay $10,000, with the additional $5,000 Penalty suspended and require Lia to evaluate potential risks to utility workers and repair pavement.


Date: 9/20/13
municipality: []
Text:
  MassDEP issued 20 Notices of Noncompliance to owner s of Underground Storage Tanks (UST) for enforcement. MassDEP issued 20 NONs to facilities for failing to conduct second third-party inspections of their underground storage tank (UST) systems within three years of their first inspections in 2010. Facilities with USTs that hold petroleum products or hazardous materials are required by MassDEP to have the condition and operation of their systems' tanks and piping evaluated by hired, state-approved contractors once every three years.  These independent inspectors complete reports on the facilities, and check for compliance with UST regulations and highlight any deficiencies that require attention. MassDEP gave the 20 violators 30 days to have these required third-party inspections conducted and 45 days to submit the reports provided by inspectors.  


Date: 9/20/13
municipality: []
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office of a Settlement Agreement with Clean Harbors Environmental Services, Inc. and Murphy's Waste Oil Service in the amount of $112,500.  The investigation began in cooperation with the Attorney General's office, and MassDEP. The Complaint and Settlement Agreement were filed in Superior Court concerning Clean Harbors Environmental Services, Inc.'s and its affiliate, Murphy's Waste Oil Service's in which there was alleged transportation of hazardous waste (primarily waste oil), from unregistered generators. In addition, the Complaint alleges that the respondents submitted inaccurate electronic monthly reports ("EMORs") regarding their transportation of hazardous waste.  Under the terms of the Settlement Agreement, the respondents will pay a civil penalty of $112,500. The respondents will pay $75,000 within 15 days of the final settlement and $37,500 will be suspended pending their compliance with the requirements of the Settlement.  Respondents are also required to take steps to ensure that they only accept waste from registered facilities.  The steps include providing the respondents drivers with a list of registered facilities, training to all current and future employees, and monetary penalties for drivers who unlawfully accept hazardous waste from unregistered facilities.  


Date: 9/18/13
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Agawam for Water Supply compliance in Agawam.  MassDEP concluded today's Order with Agawam concerning the elevated levels of the Maximum Contaminant Level for Halo acetic Acids (HAA5s) within the town's public water system.  The Order includes a period of time to work cooperatively with its wholesale PWS (Springfield Water and Sewer Commission) to lower HAA5s.  If that is not successful, Agawam must submit a report of options and a corrective action schedule.  MassDEP approved corrective actions and the schedule would be incorporated into an amended Order.


Date: 9/18/13
municipality: ['Buckland']
Text:
  MassDEP entered into a Consent Order with the town of Buckland for Water Supply violations in Buckland.  MassDEP concluded the Order with Buckland specifically for violations concerning excessive water use at its Buckland Recreational Facility public water system.  Today's Order includes a required report on the causes, corrective actions and, if necessary submittal of a permit for and completion of a replacement source to meet the facility's needs.


Date: 9/17/13
municipality: ['Fall River']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving Homeland Builders Inc. for Air Quality violations in Fall River. MassDEP's Compliance and Enforcement inspection revealed the company exceeded specific emission limitations for both hazardous air pollutants and volatile organic compounds as listed in the company's 2001 Comprehensive Plan Approval. Today's action and requirements will ensure compliance with the applicable regulations.


Date: 9/17/13
municipality: ['Lakeville', 'Rockland']
Text:
  MassDEP issued a Unilateral Order to South Shore Tri-town Development Corporation (Rockland) for Wetlands-Waterways violations. Several complaints were received in MassDEP's Southeast Regional Office in Lakeville concerning the removal of an old weir structure from a stream which apparently served to decrease the peak rates of storm water discharge. MassDEP's Order requires the respondent submit a Notice of Intent for a project proposal to mitigate the increase in storm water runoff and peak discharge rates at the outfall stream channel.  The Notice of Intent, which would be subject to review, must be submitted by 11/30/13.


Date: 9/16/13
municipality: []
Text:
  MassDEP issued six Reporting Penalty Assessment Notices (RPAN) to facilities that were in violation for Dental Amalgam Mercury Recycling requirements.  MassDEP issued RPANs to six dental facilities across Massachusetts for failing to respond to previous notices of noncompliance (NONs). Today's RPANs were issued following a previous MassDEP action in which 57 dental practices were notified in April and March 2013 for having failed to file their five-year certifications that they install and maintained state-approved amalgam separators to keep mercury out of their wastewater discharges or paying their associated $400 compliance fees by 6/15/12. The NONs gave these facilities 30 days to come back into compliance, but as of today, (9/16/13) six still had not submitted their certification forms or paid their overdue fees. MassDEP issued $500 penalties to each of these facilities, giving them 21 days to pay these fines, and required them to return to compliance and pay their compliance fees (which increased in August) immediately.


Date: 9/13/13
municipality: ['South Hadley']
Text:
  MassDEP issued a $1,032 Penalty Assessment Notice to J. Tinnerello Waste for Solid Waste violations in South Hadley.  MassDEP found that J. Tinnerello Waste was delivering wastes to the South Hadley Landfill for disposal that had unacceptable levels of waste-ban materials.  J. Tinnerello had received a prior Notice of Noncompliance from MassDEP also relative to this same waste-ban violation issue. Also, the company had been identified in the landfill's own self-reporting having delivered 'failed' loads, on multiple occasions.


Date: 9/13/13
municipality: ['Hampden']
Text:
  MassDEP issued a $1,032 Penalty Assessment Notice to McNamara Waste Services, LLC, for Solid Waste violations in Hampden. MassDEP found that McNamara Waste Services LLC was mixing pre-sorted recyclables with waste on a curbside residential route in Hampden.  McNamara had received a prior Notice of Noncompliance from MassDEP for delivery of banned materials to the South Hadley Landfill for disposal, and had also been identified in the landfill's own self-reporting as having delivered 'failed' loads on multiple occasions.


Date: 9/13/13
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with VFW Post 4524, for Wetlands violations at 10 Garafola Street in Revere.  The violations at 10 Garafola Street in Revere were found during an unannounced inspection of the site. MassDEP observed that approximately 7,500 square feet of salt marsh near the rear of the VFW parking lot had been disturbed by heavy equipment, and that soils and debris had been scraped into the salt marsh.  Today's Order requires the respondent to submit a site restoration plan, approved by MassDEP, to restore the entire impacted salt marsh.  


Date: 9/13/13
municipality: ['Arlington']
Text:
  MassDEP executed a Consent Order with a $30,860 Penalty involving Brett Marley as trustee of WGM Realty Trust for Waste Site Cleanup violations at 25 Massachusetts Avenue in Arlington. WGM Realty Trust is the owner and/or operator of the property at 25 Massachusetts Avenue in Arlington. Specifically, violations at that site involved the failure to meet deadlines set out in a previously issued notice of noncompliance dated 4/18/12. As a result of this failure, WGM is now required to submit a tier two waste site cleanup permit extension by 10/11/13, and an Immediate Response Action status report by 11/26/13 and a remedy operation status or final response action outcome. In addition, the company will pay $3,000 of the Penalty with the remaining $27,860 suspended.  There is a stipulated penalty provision for any missed deadlines.


Date: 9/12/13
municipality: ['Andover']
Text:
  MassDEP issued a Unilateral Order to the Massachusetts Department of Transportation (DOT) for Water Pollution Control violations in Andover.  The Order was issued to the DOT relative to installation of septic system components at the new salt-storage facility being constructed at the southbound I-93 ramp at Exit 45 - River Road in Andover.  DOT is relocating the salt storage facility currently located in the cloverleaf of the I-93/I-495 interchange. The installation of the system components commenced prior to the installer's receiving a disposal system construction permit.  Today's Order requires all installation activities to cease until a permit is issued and DOT certifies that it will follow the terms and conditions of MassDEP's system approval by DOT as well as its contractors and agents.


Date: 9/11/13
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order with a $5,750 involving the town of Westport for Water Supply violations in Westport. The town serves as a public water system, and was found to have exceeded the Maximum Contaminant Level for disinfection byproducts (total tri-halo-methane) at their consecutive public water supply system. The entire penalty of $5,750 will be fully suspended pending compliance.


Date: 9/10/13
municipality: ['Sherborn']
Text:
  MassDEP issued a Boil Water Order to Fiske Property for Water Supply violations in Sherborn.  The Fiske Property is a transient non-community public water system serving a commercial building.  A positive test for e coli bacteria was detected in a sample of the untreated well water collected on 9/9/13. The well does not have treatment that meets the standards of the Ground Water Rule, prompting the issuance of the Boil Water Order. [The Order was terminated on September 17, 2013, after the well was chlorinated and three rounds of clean samples were collected.]  The Fiske Property must still identify and correct any significant deficiency that led to the bacterial contamination, in accordance with the Ground Water Rule.


Date: 9/10/13
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with Mill Valley, LLC, for Water Supply violations in Belchertown. The respondent violated the regulations concerning multiple violations of the Maximum Contaminant Level for total coliform bacteria within its public water system at Mill Valley Golf Links in Belchertown. The respondent additionally failed to provide public notification as required.  Today's Order includes response action requirements including disinfection (should another violation occur within the next 12 months) and adequate public notification distribution, posting and certification.


Date: 9/10/13
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving CMS Realty Trust for Wetlands violations in Chicopee.  Under the terms of today's Order, CMS Realty Trust is required to address/correct the unpermitted alteration of 11,560 square feet of River Front area, and a total of 6,941 square feet of Bordering Land Subject to Flooding at its property.  In addition to this restoration of the site, the Order includes a payment of $2,500 of the Penalty. The remaining $12,500 is suspended contingent upon compliance with the restoration requirements of today's Order.


Date: 9/10/13
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Wilbraham for Water Supply violations in Wilbraham.  Violations by the town, a public water system, concerned the operation status of two pump stations the town uses that lacked back-up power. Also, the Water Department's failure to respond and report a drinking water emergency as required and failure to provide notice of changes among its certified operators.  Today's Order includes the required updates to the Water Department's emergency plan and related training and installation of backup power generation at two pump stations.  The entire penalty of $ 5,750 will be suspended pending compliance with the Order.


Date: 9/6/13
municipality: ['Weston']
Text:
  MassDEP issued a Unilateral Order to the town of Weston for Water Pollution Control violations, relative to the installation of septic system components at the Field School on Alphabet Lane in Weston.  The town of Weston is expanding the Field School and needed to relocate some septic system components.  This specific septic system is part of a large septic system for which MassDEP is the approving authority.  The installation of the system components commenced prior to the installer's receiving a disposal system construction permit.  Today's Order requires all installation activities to cease until a permit is issued and the town to certify that the terms and conditions of MassDEP's system approval are followed by the town as well as its contractors and agents.


Date: 9/5/13
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with a $40,000 Penalty and an additional $5,200 Settlement for Waste Site Cleanup violations in Burlington with Richard J. Kelly (d/b/a R.J. Kelly Company. Today's Final Decision was issued by MassDEP Commissioner Kenneth Kimmel, approving the Settlement Agreement and Administrative Consent Order with Penalty. Richard J. Kelly, individually and d/b/a R.J. Kelly Company, was established due to respondent's failure to conduct response actions at the 116 Cambridge Street in Burlington disposal site in accordance with deadlines established.  New deadlines are set for submittal of a tier two extension (clean-up permit) and a revised assessment and remedial selection and implementation reports up to and including a final response action outcome (closure) statement.  Today's Order requires payment of a $5,200 Settlement amount and a $40,000 Penalty, of which $20,000 is suspended, provided Kelly does not violate the Order or any Waste Site Cleanup requirements.


Date: 9/3/13
municipality: ['Granville']
Text:
  MassDEP entered into a Consent Order with the Prospect Mountain Campground, Inc. for Water Supply violations in Granville. Prospect Mountain Campground, Inc., a public water system, was found to have exceeded the Maximum Contaminant Level for total coliform bacteria.  Today's Order includes response action requirements including disinfection should another violation occur within the next 12 months.


Date: 9/3/13
municipality: ['Charlemont']
Text:
  MassDEP entered into a Consent Order with Cold River, Inc., for Water Supply violations in Charlemont. Cold River, Inc is a public water system. Today's Order requires Cold River to address activities at adjoining properties such that noncompliance with drinking water regulations arose.  Today's Order will result in a compliant transient public water system will be constructed which replaces some previous activities and a private well which had served fewer than thirteen bedrooms.


Date: 9/3/13
municipality: ['Chicopee', 'Ware']
Text:
  MassDEP entered into a Consent Order with Primo Water Corporation for Water Supply violations in Ware and Chicopee. The violations concerned the company's compliance with drinking water requirements for chlorine residual monitoring and operator notification.  Primo Water Corporation owns and operates a water vending machine at the Wal-Mart in Ware and the Wal-Mart in Chicopee.


Date: 9/3/13
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving the Ted Ondrick Company, LLC, for Wetlands violations in Chicopee. The company has agreed to resolve a violation of the Wetlands Protection Act resulting from the placement of soils, reclaimed asphalt and other materials stored for the business in 59,379 square feet of Bordering Land Subject to Flooding without an Order of Conditions.  In addition to the Penalty, Ondrick shall remove the materials to restore the lost flood compensation storage, stabilize and survey the site.


Date: 8/30/13
municipality: ['Otis']
Text:
  MassDEP issued a Boil Water Order to the town of Otis to address the presence of total coliform and e coli bacteria in its transient non-community public water system serving the Otis Recreation Center, the Otis Library and a nearby Church.


Date: 8/29/13
municipality: ['Hancock']
Text:
  MassDEP issued a Boil Water Order to the town of Hancock to address very high counts of total coliform bacteria in its non-transient non-community public water system serving the Hancock Elementary School.  The maximum contaminant level for total coliform was exceeded at the School and despite efforts to investigate and disinfect, the corrective actions were not successful.  The public water system plans to install disinfection.    


Date: 8/29/13
municipality: ['Malden']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving Castricone and Son Mechanical Services for Waste Site Cleanup violations at 60-62 Claremont Street in Malden.  Specifically, Castricone failed to report a sudden release of approximately 25 gallons of #2 fuel oil to pavement that occurred during the replacement of a residential fuel tank. This is a violation of the Massachusetts Contingency Plan, state regulations.  Today's Order requires Castricone to submit the required Release Notification Form and Immediate Response Action Plan within 30 days. In addition, the $8,630 Penalty is fully suspended pursuant to the small business policy contingent on Castricone's compliance with these terms, and demonstrated compliance for one calendar year with all applicable regulations.


Date: 8/28/13
municipality: ['Taunton']
Text:
  MassDEP issued a Consent Order with a $19,400 Penalty involving Ting Lu for Asbestos violations in Taunton. Ting Lu, of Next Step, LLC, was in noncompliance with Asbestos regulations for not properly containerizing and labeling the asbestos material. Also, the company did not notify MassDEP of the removal of asbestos prior to the work as required and for removing or contracting for disposal of asbestos containing waste at a facility that is not permitted to take that type of waste (asbestos). Under today's Order, $14,400 of the Penalty is suspended under the small business policy pending compliance with the terms of the Order.


Date: 8/26/13
municipality: ['Petersham']
Text:
  MassDEP entered into a Consent Order with the town of Petersham for Water Supply violations.  Today's Order concerns the elevated counts that exceeded the Maximum Contaminant Level (MCL) for total coliform bacteria within its public water system at the Town Hall.  Today's Order includes response action requirements including disinfection should a similar MCL violation occur within the next 12 months.


Date: 8/26/13
municipality: ['Sutton']
Text:
  MassDEP executed a Consent Order with a $4,320 Penalty involving Atlas Box and Crating, Co., Inc., for Air Quality violations in Sutton. The company installed equipment that caused a condition of air pollution (noise).  Today's Order requires the company to ensure compliance with all applicable regulations and pay the Penalty.  This action will help ensure compliance with applicable noise regulations/requirements.


Date: 8/22/13
municipality: ['Shirley']
Text:
  MassDEP issued a Do-Not-Drink Order to Daniel McNiff, as trustee of J&A Realty Trust, for Water Supply violations in Shirley.  The Trust is the owner of this public water system (PWS) at 272-280 Great Road and serves Mohawk Village Apartments and a small office building with a population of approximately 54 persons.  Review of manganese levels in the PWS by MassDEP's Office of Research and Standards has determined that reported concentrations pose an unacceptable health risk to residents.  Manganese levels have ranged up to 2.4 (milligrams per liter) in the source water and the PWS does not have treatment.  Today's Order will require the PWS to provide a tier one public notice (do not drink) regarding the water and provide an alternative source of drinking water to all users while the Order is in effect.  Today's Order also requires the PWS to notify local officials, submit an emergency response report, conduct additional monitoring, and take corrective actions.  The Order will remain in effect until lifted by MassDEP.  


Date: 8/21/13
municipality: ['Lowell']
Text:
  MassDEP entered into the Consent Order with Mark One Demolition, Inc, for Wetlands Protection Act and Solid Waste Management violations at their property located at 109 Industrial Ave East, in Lowell.  MassDEP observed that recyclable materials were not sufficiently enclosed and covered to prevent a public nuisance, and metal roll-offs that stored these recyclable materials were in the wetlands buffer zone. Also, that sediment from the roll-offs/industrial equipment and snow plowing operations were entering the Bordered Vegetated Wetland and stream, a violation.  The document requires the respondent to comply with the solid waste regulations, provide a plan to remove the fill near the resource area, and properly maintain an adequate erosion/siltation controls through a Restoration Plan and an Operation and Maintenance Plan approved by MassDEP.8/20/13


Date: 8/19/13
municipality: []
Text:
  MassDEP issued Notices of Noncompliance to sixteen (16) entities that participate in the Dental Amalgam Mercury Recycling Program.  MassDEP issued these NONs to the dental facilities across the state for not submitting certifications demonstrating the installation and ongoing maintenance of a state-approved amalgam separator.  Such a separator is necessary to keep mercury out of their wastewater discharges. Under MassDEP regulations, these entities were required to certify by either 6/23/06 if they were operating as of then or within 60 days of starting operations after that date. MassDEP sent 180 reminder letters and placed telephone calls to all of these facilities before issuing NONs. The offenders have 30 days to comply with state requirements by submitting their certification forms and paying their overdue fees. If they fail to do this, they could face additional enforcement measures, including financial penalties.


Date: 8/16/13
municipality: ['Williamstown']
Text:
  MassDEP entered into a Consent Order with Care One, LLC, for Water Supply violations in Williamstown. The company is the owner of Sweet Brook and Sweet Wood of Williamstown.  The Order was issued due to detections of total coliform and e coli bacteria within the drinking water system serving 554 staff and patients and residents at this small community public water system.  The Order requires emergency response actions, notice to boil water before consumption and allows the use of alternate water at the public water system.


Date: 8/15/13
municipality: ['Dalton', 'Lynnfield', 'Peabody']
Text:
  MassDEP penalized two dental facilities in Lynnfield and the building owner for violations involving the discharge of dental amalgam wastewater to a septic system. State regulations specify that an Industrial Wastewater Holding Tank (IWHT) is necessary to prevent dental amalgam, a composite which may contain mercury, from being discharged to a septic system. The specific violations involved the discharge from amalgam separators, which are used in dental offices to capture and recycle the mercury contained within amalgam. In April of 2012, inspectors visited the office of Jeffrey D. Corbett, DDS, LLC, and, Brian F. Dalton, P.C., both of whom have practices located at 1 Post Office Square in Lynnfield. Inspectors determined this building is owned by Lynnfield Medical Building, LLC, located at 79 Walnut Street in Peabody. Following the investigation and a conference with the responsible parties, the two dental practices and the building owner have agreed to cease the illegal discharge, obtain a temporary IWHT and to install a permanent IWHT in a very short turn-around time. Each party has also agreed to pay a $2,000 Penalty. There are also suspended penalties that would become due should any of the parties fail to make the required upgrades or corrections within the established timeframe. The violations involving Dr. Corbett's practice included


Date: 8/15/13
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with Paul-Mi Realty Trust (Former Brockton Cycles) for Waste Site Cleanup violations in Brockton. MassDEP issued a Notice of Noncompliance to the respondent for failure to submit phase reports through a final statement (either a response action outcome or remedial operating status), as is required in accordance with the deadlines prescribed in state regulations.  The respondent contacted MassDEP prior to the deadline to request additional time for the required submittals.  Accordingly, MassDEP and the respondent entered into today's Order, which includes deadlines for the submittal of a completed phase two (or Comprehensive Site Assessment) as well as other reports that move the site towards closure.


Date: 8/15/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving the Massachusetts Institute of Technology for Air Quality violations at the campus of the Cambridge-based facility.   MIT operates several combustion-related emission units (EUs) at its campus.  The larger of these EUs are equipped with continuous emissions monitoring systems (CEMS) and continuous opacity monitoring systems (COMS). Several EUs operate as emergency engine generators sets, (EEGs).  Among the violations


Date: 8/14/13
municipality: ['Lowell', 'Somerville']
Text:
  MassDEP entered into a Consent Order with a $2,784 Penalty involving the Triumvirate Environmental Inc. for Hazardous Waste Management violations. MassDEP determined that the company failed to include in its 2008 Electronic Monthly Operating Reports (EMORs) the data from a total of 931 pages of hazardous waste manifests. MassDEP previously cited the company for similar omissions in a 2011 Notice of Noncompliance (NON).  This represents a repeat violation of state hazardous waste management regulations. Triumvirate - which has offices in Somerville and operates a hazardous waste treatment, storage and disposal facility in Lowell - has agreed to pay the $2,784 Penalty and submit the missing information as well as audit its records for any other missing manifest data through 2013.


Date: 8/13/13
municipality: ['Bernardston']
Text:
  MassDEP entered into a Consent Order with Bernardston Fire & Water District for Water Supply violations in Bernardston.  Today's Oder pertains to the District having reported a violation regarding the total coliform (bacteria) rule twice within a twelve-month period.  


Date: 8/9/13
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with Simon's Rock of Bard College Water Supply violations in Great Barrington. The Order pertains to Simon's Rock of Bard College reporting the presence of e coli - which is a violation of the Ground Water Regulations.  Simons Rock of Bard College will install a mechanical disinfection system that will provide four-log inactivation of viruses (99.99%).


Date: 8/8/13
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Beacon Lofts, LLC for Waste Site Cleanup violations in Somerville. The company failed to meet cleanup response action deadlines, and failed to submit a Release Abatement Measure (RAM) plan to MassDEP prior to removing 2,200 gallons of contaminated groundwater. This is a violation of Waste Site Cleanup regulations.  Beacon Lofts LLC has agreed to pay a civil administrative penalty of $3,000 Penalty and to submit the required RAM status report on or before 11/14/13 and a tier classification, (site ranking) or a final Response Action Outcome statement (closure) on or before 1/10/14.


Date: 8/5/13
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Hillside Development Corp. for Wetlands violations in Southwick. Hillside has agreed to address the unpermitted alteration of 6,102 square feet of Bordering Vegetated Wetland at 691 Hillside Avenue.  Hillside self-disclosed the violation in the filing of a Notice of Intent for the development of the property and admitted that the owner had cleared some vegetation prior to retaining the wetlands consultant.  In addition to restoration of the site, the Consent Agreement includes a penalty in the amount of $7,500.00 which is to be paid in its entirety.


Date: 8/5/13
municipality: ['Egremont']
Text:
  MassDEP entered into a Consent Order with a $645 Penalty involving Paul Davis Systems for Air Quality violations in Egremont. This renovation company failed to address the illegal burning of materials at a residence located adjacent to a brook used as the drinking water source for the town of Egremont. On 5/6/13, MassDEP received a call from a representative of the town regarding material observed floating on Karner Brook, and originating at a residence located at 175 Mt. Washington Road.   MassDEP inspected the site and observed two areas where open burning had occurred, one in the driveway area and another in the back of the property.  Materials observed in the burnt areas included insulation, sheet-rock, roofing shingles, plywood, small metal cans, magazines, and various construction and demolition waste.  The resulting investigation revealed that employees of the company had conducted the burning.  As part of the agreement, the company will pay the $645 Penalty.  


Date: 8/5/13
municipality: ['North Reading']
Text:
  MassDEP issued a $4,435 Penalty Assessment Notice to New-Tech Co., Inc. for Asbestos violations at 84 Concord Street in North Reading. MassDEP personnel responded to a complaint of demolition activity at 84 Concord Street in North Reading.  MassDEP observed during an inspection that prior to demolition there was failure to properly remove asbestos containing materials. The respondent, New-Tech, was crushing concrete on site. The respondent failed to properly notify MassDEP of the demolition and the crushing activities at the site. In addition, the respondent failed to remove and properly containerize asbestos containing material prior to demolition.  As a result of the violations observed, the respondent was assessed $4,435 Penalty.


Date: 8/5/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Servpro of mid- and outer-Cape Cod in Massachusetts for Asbestos violations. MassDEP violated the regulations by removing asbestos-containing materials at the South Coast Condominiums, Canterbury Building 2100 Phillips Road New Bedford. Servpro was hired to clean-up damaged interior walls, ceilings and floors after a storm caused a significant roof leak which impacted all three floors of the building. Ceiling material, which was handled, packaged and placed in an open-top, and outdoor waste container, was tested by a state certified Asbestos laboratory. That lab confirmed the material contained friable asbestos ceiling paint/ plaster containing asbestos. The improper handling resulted in several Asbestos and Air Quality violations, including failure to remove the Asbestos containing material prior to demolition/ renovation activity, failure to seal the asbestos work area. They also failed to use the proper-filtered exhaust ventilation system and failed to ensure asbestos containing material remained wet until and after sealed into a container for disposal to prevent visible or particulate emissions to the ambient air space. Servpro has been assessed a civil administrative penalty of $5,750 of which, $2,875 has been suspended provided Servpro does not violate any provisions of today's Order.


Date: 8/2/13
municipality: ['Charlton']
Text:
  MassDEP entered into a Consent Order with a $31,190 Penalty involving the Barton Center for Diabetes Education, Inc. of Charlton for violating Asbestos, Air Quality (open burning) and Solid Waste violations.  The Charlton Fire Department observed the open burning of construction and demolition material from a partially demolished building done by Barton Center employee. MassDEP was subsequently called in and determined that some of the demolition materials contained Asbestos.  This activity violated numerous Asbestos requirements as well as open burning and Solid Waste regulations.  Today's Order requires compliance with applicable regulations and the Center will pay $16,230 with the remaining $14,960 of the Penalty being utilized to fund a Supplemental Environmental Program (SEP) that will provide much needed fire-training equipment to the Charlton Fire Department.  In addition, the Center will conduct surveys of all buildings it owns to determine the presence of Asbestos.  Today's Order helps to ensure compliance with applicable regulations and ensure that the Center is aware of all potential asbestos issues.


Date: 8/1/13
municipality: ['Groveland']
Text:
  MassDEP entered into a Consent Order with a $29,500 Penalty involving the town of Groveland for Wetland Protection Act violations at J. B. Little Road, in Groveland.  A complaint to the Environmental Strike Force Hotline resulted in an investigation and observed that trees within a bordering vegetative wetland (BVW) were cut, chipped brush was deposited in the BVW, potholes were filled within the buffer zone, and the priority habitat area for the Blandings Turtle (a 'threatened' species) and the Blue-spotted Salamander (a species of 'special concern') were altered.  Approximately 500 square feet of BVW were altered.  Today's Order requires submittal of a plan for full restoration of BVW including the loss of tree canopy for approval.  Officials with the Massachusetts Division of Fisheries and Wildlife's Natural Heritage Program and its Northeast District office assisted in the enforcement conference.  The town will pay $4,500 with the remaining $25,000 suspended.  


Date: 8/1/13
municipality: ['Northborough']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving the town of Northborough for Solid Waste violations at the Department of Public Works.  The town improperly stored accumulated street sweeping for many years at its DPW yard.  In addition, the town stockpiled street sweepings at three local farms which used the street sweepings for various farm-related purposes.  Today's Order requires compliance with applicable regulations and payment of a $17,250, all of which is suspended pending proper disposal of the street sweepings.  The town will also promote/share with other DPWs their newly installed winter sanding/salting procedures that will drastically reduce the need for sand and consequently the accumulation of street sweepings.  The town has worked to properly dispose of the street sweepings generated/accumulated. This action will ensure proper management future street sweepings.


Date: 7/31/13
municipality: ['Peabody']
Text:
  MassDEP issued a Unilateral Order to Joanne M. Cristoforo for Wetlands violations at 13 Mount Pleasant Drive in Peabody. The violations were brought to light after a complaint resulted in an investigation that included the use of aerial photography and observations from neighboring properties. MassDEP identified that - during a period before 2005 to the present - Cristoforo filled and graded within the backyard of her home. These actions resulted in the destruction of approximately 4,390 square feet of bordering vegetated wetland, in addition to approximately 8,000 square feet of buffer zone to a wetlands resource area without any authorization. Today's Order requires submittal of a plan for full restoration of BVW and stabilization of the buffer zone, which will be subject to approval. Additionally, along with long-term monitoring and reporting, the plan must include a fill characterization component to guarantee proper fill removal and disposal.   


Date: 7/30/13
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving 26 New Street Group LP for Waste Site Cleanup violations in Cambridge. MassDEP found the New Street Group failed to meet requirements for notification. MassDEP was not notified after contaminated soil was detected on the property within 120 days as required. The New Street Group LP has agreed to pay a civil administrative penalty of $1,000 with $7,630 suspended for the violation. The release notification stated that 26 New Street Group LP had knowledge of the release on 2/2/12 and subsequently notified MassDEP of lead, arsenic and polycyclic aromatic hydrocarbons in soil until 12/21/12.


Date: 7/30/13
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving CMS Realty Trust for Wetlands violations in Chicopee. CMS Realty Trust failed to address the unpermitted alteration of 11,560 square feet of resource area (riverfront area) and 6,941 square feet of bordering land subject to flooding at the trust's Chicopee property. In addition to restoration of the site, the Order requires the trust to pay $1,500 with the remaining $12,500 suspended contingent upon compliance with the restoration requirements.


Date: 7/29/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,366 Penalty involving ADV Whitinsville Associates, LLC for Waste Site Cleanup violations.  ADV Whitinsville failed to submit - as required - the Release Abatement Measure (RAM) plan for removal of hydraulic lifts and drywells during site redevelopment work, and did not properly implement the Activity and Use Limitation (AUL). Under today's Order, ADV Whitinsville agreed to pay the $9,366 Penalty and correct violations associated with the AUL.


Date: 7/25/13
municipality: ['Hudson']
Text:
  MassDEP entered into a Consent Order with the town of Hudson to address Drinking Water regulations. The Order allows the town to maintain compliance with the regulations while the town upgrades its public water system to reduce elevated levels of iron and manganese levels in portions of the system. Today's Order establishes an enforceable schedule to permit and construct modifications to the Chestnut Street filtration plant and transmission mains for the Kane and cranberry bog wells to connect to the treatment facility. Through today's Order, the town will remain in compliance with the Drinking Water regulations and continue to provide water that is safe and fit to drink to a population of 18,790.  


Date: 7/24/13
municipality: ['Swansea']
Text:
  MassDEP entered into a Consent Order with an $18,100 Penalty involving Swansea Crossing Shopping Center in Swansea. Gator Swansea Partners LLP was found to be discharging untreated wastewater in excess of 15,000 gallons per day without a Groundwater Discharge permit. This was a violation of the Massachusetts Clean Water Act and the Groundwater Discharge Permit program. The respondent was ordered to inspect all of the on-site septic systems and hire an engineer to begin the design for a new wastewater treatment facility. MassDEP assessed a Penalty in the amount of $18,100 for the violations identified.


Date: 7/23/13
municipality: ['Monson']
Text:
  MassDEP entered into a Consent Order with a $12,000 Penalty involving Woloshchuk Enterprises, Inc. for Wetlands violations in Monson. Woloshchuk Enterprises, Inc. was found to have made un-permitted alteration of 15,500 square feet of resource area (riverfront area) at property owned by Michael Woloshchuk.  In addition to restoration of the site, today's Order requires the payment of $400 and the remaining $11,600 suspended contingent upon compliance with the restoration requirements. MassDEP's  small-business policy was applied to this case.


Date: 7/22/13
municipality: ['Millbury', 'Shrewsbury']
Text:
  MassDEP entered into a Consent Order with Wheelabrator/Millbury, Inc. to address Solid Waste regulations in Milbury. Under today's Order, Wheelabrator/Milbury is allowed to accept ash at the Shrewsbury ash landfill in a newly-constructed cell during MassDEP's review of the facility's permit application of an authorization to operate.7/19/13


Date: 7/19/13
municipality: ['Ashby']
Text:
  MassDEP entered into a Consent Order with William Arnold for Drinking Water violations at Ashby Market in Ashby. Today's Order contains an enforceable schedule to provide an approved Transient Non-Community public water system to serve the Ashby Market. Today's Order requires the owner to operate the on-site well that supplies water in accordance with the requirements for a water system, which include


Date: 7/18/13
municipality: []
Text:
  MassDEP issued a Unilateral Order to Pioneer Brewing Company, LLC with a $12,650 Penalty Assessment Notice for Industrial Wastewater violations. During an inspection in 2011, spurred by complaints received and made by the Sturbridge Board of Health, MassDEP found the company was discharging brewery wastewater to the ground and to surface water without Groundwater Discharge permit (issued by MassDEP) or alternately, a National Pollutant Discharge Elimination System (NPDES) permit issued jointly by MassDEP and the federal EPA. The groundwater discharge was a repeat violation that was the subject of a MassDEP Order in 2009. MassDEP issued today's Order after repeated attempts to reach agreement on a Consent Order have failed.  


Date: 7/17/13
municipality: ['Foxborough']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving the former Foxborough State Hospital for Waste Site Cleanup violations at its Chestnut Street property in Foxborough. MassDEP's audit of the Waste Site Cleanup actions conducted found the facility had failed to respond to a Notice of Noncompliance and failed to meet the terms and conditions of an Activity and Use Limitation. The facility will pay $2,158 of the total Penalty and the remaining $6,472 will be suspended pending compliance.7/17/13


Date: 7/17/13
municipality: ['Southborough']
Text:
  MassDEP entered into a Consent Order with Madison Place Southborough, LLC to address Groundwater Discharge regulations Southborough. Today's Order will allow the company to remain in compliance with the regulations during construction of their apartment complex located at 1200 Madison Place in Southborough. Today's Order establishes an enforceable schedule allowing the temporary use of a tight tank to serve a completed portion of the complex while construction of the groundwater discharge wastewater treatment facility (WWTF) is completed. The company has agreed to complete construction of the WWTF by 9/30/13. This action will result in the proper treatment of approximately 10,000 gallons per day of wastewater.


Date: 7/16/13
municipality: ['Granby']
Text:
  MassDEP issued a Boil Water Order to Getty Realty Corp. for Water Supply violations in Granby. The Order was issued to address the presence of total coliform and e coli bacteria in this transient non-community public water system at Chestnut Martin Granby.  The public water system's ultraviolet treatment system was not in operation at the time.  The public water system conducted required monitoring, disinfected the system and will remove a bypass of its treatment system under today's Order.  7/16/13


Date: 7/15/13
municipality: ['Whately']
Text:
  MassDEP issued a Boil Water Order to Whately Water District for Water Supply violations in Whately. Whately Water District is required to address the presence of total coliform and e coli bacteria in this small community public water system. Whately Water District has installed temporary chlorine disinfection with the assistance of MassDEP while it investigates the problem.


Date: 7/15/13
municipality: ['Granby']
Text:
  MassDEP issued a Boil Water Order to Bachelor Knolls, Inc., for Water Supply violations in Granby. Bachelor Knolls is a public water system that under today's Order is required to address the presence of total coliform and e coli bacteria in this small community public water system. Bachelor Knolls has installed temporary chlorine disinfection with the assistance of MassDEP while it investigates the problem.   


Date: 7/15/13
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with Edward T. Corbett, Jr., for Asbestos violations in Northampton. Edward T. Corbett, Jr. is a home improvement contractor. MassDEP found violations of the MassDEP's Asbestos regulations during the removal of asbestos-transite siding from a house.  Corbett had provided MassDEP with documentation demonstrating a financial inability to pay the Penalty.  Under today's Order, Corbett agreed to pay stipulated penalties if there is any future noncompliance or violations of the Asbestos regulations.


Date: 7/12/13
municipality: ['Clarksburg']
Text:
  MassDEP issued a Boil Water Order to Briggsville Water District for Water Supply violations in Clarksburg. The District is required to address the presence of total coliform and e coli bacteria in this small community public water system. The original sample with e coli and total coliform was collected on 6/20/13. Briggsville Water District has installed temporary chlorine disinfection while it investigates the problem.


Date: 7/10/13
municipality: ['Hinsdale']
Text:
  MassDEP entered into Consent Order with Ashmere Water Service for Drinking Water violations in Hinsdale.  MassDEP concluded an ACO with Ashmere Water Service to address its failure to conduct required perchlorate monitoring of its water system and failure to provide associated public notice to its customers. Today's Order requires both water quality monitoring and issuance of public notice.


Date: 7/10/13
municipality: ['Canton']
Text:
  MassDEP entered into a Consent Order with the former Plymouth Rubber Property at 104 Revere Street in Canton for Waste Site Cleanup violations. There had been a release of oil and hazardous materials at this location and in June 2012, MassDEP issued Canton Holdings, LLC a Notice of Noncompliance for having failed to complete the response actions in a timely manner. The respondent requested additional time in which to comply.  Today's Order establishes the negotiated timelines for completing the work at the site and contains stipulated penalties should the respondent fail to comply.


Date: 7/9/13
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with Thirteen Mooney Street LLC, for Waste Site Cleanup violations in Cambridge. Thirteen Mooney Street LLC, the owner and/or operator of the property at 13 Mooney Street in Cambridge where there is a failure to meet deadlines set out in the regulations, and specified in a Notice of Noncompliance issued to the LLC on 8/17/12. Today's Order requires a phase four remedy implementation report by 10/7/13, and a final response action outcome statement by 10/7/14. Today's Order also contains a stipulated penalty provision for any missed deadlines.


Date: 7/8/13
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving the town of South Hadley relative to the town's operation of its leaf/yard waste composting area.  The agreement provides additional buffer to residential abutters, public outreach and management protocols, as well as the assessment of a $7,500 Penalty.


Date: 7/7/13
municipality: ['Stoughton']
Text:
  MassDEP issued a Boil Water Order to the Copperwood II Condominium in Stoughton. The Boil Water Order for the facility will continue to be in place as one of six distribution system samples taken on 7/7/13, from the Well #1 sub-system, was positive for total coliform and e-coli bacteria.


Date: 7/7/13
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Signature Breads Inc. for Air Quality Plan Approval violations in Chelsea. The violations occurred at this commercial bread baking facility located on Justin Drive in Chelsea. Signature commenced the installation of a new tunnel oven, which has the potential to emit ten or more (= 10) tons of volatile organic compounds (VOCs) per year prior to receipt of the requisite written MassDEP approval.  Signature had submitted the required Air Quality plan application and MassDEP engineers had commenced its review; a routine site visit to the commercial bakery as part of the plan review process resulted in the discovery of this violation.


Date: 7/5/13
municipality: ['Westfield']
Text:
  MassDEP issued a Boil Water Order to the city of Westfield to address Water Supply violations. The Order was issued to the city of Westfield Water Resources to address the detection of fecal indicator at well number five - under groundwater rule regulations. The Boil Water requirement covered a portion of the water system served by the well.  Westfield currently has its reservoir off-line for construction of a replacement transmission line.  It is relying on its well sources. The follow-up samples for the fecal indicator were negative.  [The boil water requirement was subsequently removed on 7/6/13.  Westfield has since installed chlorine disinfection at that source.]


Date: 7/3/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Saloomey Construction, Inc for Asbestos violations in West Springfield.  The violations were discovered during MassDEP's inspection of renovation work that was being conducted at a store in West Springfield.  During the inspection, MassDEP found Saloomey's subcontractor removing asbestos-containing floor tile and mastic.  The subcontractor was conducting this work without having filed an asbestos notification form, and without instituting the proper asbestos handling procedures.  Under today's Order, Saloomey agreed to provide training to its current employees on Asbestos awareness, and implement Best Management Practices to prevent future noncompliance with the Asbestos regulations.  Saloomey also agreed to pay $4,500 of the Penalty with the remaining $4,500 suspended provided that the company complies with the terms of today's Order and remains in compliance with the state asbestos handling regulations for one year.


Date: 7/3/13
municipality: ['Westwood']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving Progressive Casualty Insurance Company for Waste Site Cleanup violations at 62 Everett Street in Westwood. Progressive hired Conestoga Rovers to perform construction and oversee environmental activities at the site. This site has a final response action outcome statement attached to it. Progressive demolished the on-site buildings and commenced footing excavation prior to submitting a tier two extension, or a Release Abatement Measure (RAM) plan. Respondent excavated the contaminated soils prior to submitting a RAM plan, a violation. Respondent performed these response actions at the site without approval by MassDEP or a valid permit. The company needed to have a valid permit to conduct a RAM at this site. Under the terms of today's Order, Progressive must evaluate the exposure pathways for the planned use of the site and either submit a revised response action outcome statement or show that the current statement is valid.  Progressive will pay $3,000 of the Penalty and the remaining $3,610 suspended. There is also a stipulated penalty provision for any missed deadlines.


Date: 7/3/13
municipality: ['North Andover']
Text:
  MassDEP entered into a Consent Order with a Peter Breen for Waste Site Cleanup violations at 770 Boxford Street, in North Andover. Peter Breen is the owner and/or operator of the property at 770 Boxford Street in North Andover where the specific violations were the failure to meet deadlines set out in the regulations and noted in MassDEP's issuance of a Notice of Noncompliance from 11/14/12. This Order requires a phase two assessment report by 3/30/14, a phase three remedy alternatives by 3/31/14, and a phase three remedy selection 4/30/14. Also, a phase four remedy implementation report by 6/30/14 and a final response action outcome statement by 7/6/15. Today's Order contains a stipulated penalty provision for any missed ACO deadlines.


Date: 7/2/13
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving F.P. McNamara Rubbish Removal, Inc., a subsidiary of Allied Waste Systems, Inc., to address solid waste violations at its solid waste transfer station located in Springfield.  MassDEP inspections conducted at the facility documented that regulated medical waste, co-mingled with solid waste, was received, handled and transferred at the facility on four separate occasions in 2011.  The facility is not permitted to accept, handle or transfer any regulated medical wastes.  As part of today's Order, F.P. McNamara Rubbish Removal, Inc., has initiated corrective actions for the violations and agreed to cease the shredding of solid waste from medical facilities.  In addition the facility will properly manage all incoming solid waste at the facility in accordance with applicable MassDEP and the Public Health regulations.


Date: 7/1/13
municipality: ['Stoughton']
Text:
  MassDEP issued a Boil Water Order to the Copperwood II Condominium in Stoughton due to the detection of bacteria in the water supply. The condominium population is approximately 75. The system received notification late in the day on 6/30/13 that contamination was detected in a raw water sample collected from a groundwater well and in the distribution system had tested positive for e coli.  Repeat samples confirmed the positive results for coliform.  The sources will be chlorinated. The region will work with the system on corrective actions based on the results of the additional sampling.  


Date: 6/28/13
municipality: ['Swansea']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving Equal Development LLC for Wetlands violations at 1482 Grand Army Highway in Swansea.  The respondent cut and filled 22,000 square feet of bordering vegetated wetland and filled 200 linear feet of stream bank without an order of conditions (permit). The area of wetlands fill is identified by Mass Geographic Information Systems, as a wetland change feature. The respondent is required to restore the half-acre of wetlands and to restore and daylight the stream.  Half of the penalty is to be paid ($15,000) which is subject to payment terms, and the other half is suspended, contingent upon the successful restoration of the wetlands and stream bank. Today's Order establishes a schedule by which the wetland restoration work will be established and conducted.


Date: 6/28/13
municipality: ['New Marlborough']
Text:
  MassDEP issued a Boil Water Order to Northwestern Connecticut Young Men's Christian Association, Inc. for Water Supply violations at Camp Wa Wa Segowea in New Marlborough. The Northwestern Connecticut Young Men's Christian Association, Inc., operates a transient non-community public water system at Camp Wa Wa Segowea located in New Marlborough.  Water quality monitoring results showed high counts of total coliform bacteria in both sources and detections within the distribution system.  Today's Boil Order was issued as a precautionary measure.  


Date: 6/28/13
municipality: ['Dedham']
Text:
  MassDEP entered into a Consent Order with a $32,000 Penalty involving the LaRoma Realty Trust for Waste Site Cleanup violations on Bridge Street in Dedham. Michael Hegarty is the trustee of LaRoma Realty Trust. The violations stem from an overdue tier classification (site ranking) extension and a phase two and three report and plan (assessment and remedial alternatives).  In addition, a phase four (remedy implementation plan) final response action outcome are also past due. The site has been in the system since 2005. LaRoma Realty Trust will pay $500, with the remaining $31,500 suspended.  The $31,500 suspended penalty will come due if LaRoma Realty Trust violates any provision of today's Consent Order. This enforcement action will lead to the cleanup of oil discovered in a monitoring well on Bridge Street in Dedham.


Date: 6/28/13
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving Top Donut Inc. for Waste Site Cleanup violations at 700 Aiken Street in Lowell. Top Donut is the owner of the property at 700 Aiken Street, Lowell where it failed to notify MassDEP of the presence of naphthalene in soil and petroleum in groundwater above reportable concentrations within 120 days as required. On 3/1/13, MassDEP received a release notification form indicating that Top Donut had knowledge of the release on 10/13/10.  Under today's Order, Top Donut will pay a penalty for failing to notify and will henceforth be required to submit phase one assessment and tier classification (ranking) by the deadline. Top Donut will pay $1,630 with the remainder of the penalty suspended.  Today's Order includes a stipulated penalty provision for any missed deadlines.


Date: 6/27/13
municipality: ['Easton']
Text:
  MassDEP executed a Consent Order with an $8,335 Penalty involving Easton Public Schools in Easton.  The Easton Public School District was found to have violated permit effluent limits at their on-site wastewater treatment facility. This is violation of MGL 21 sec. 43 of the Massachusetts Clean Water Act and additional groundwater permit violations.  Easton Public Schools was ordered to hire an engineer to evaluate the existing wastewater treatment facility and recommend operational changes or modifications to the treatment facility in order to meet their groundwater discharge permit. MassDEP has agreed to suspend the entire penalty amount pending compliance.  


Date: 6/27/13
municipality: []
Text:
  MassDEP executed a Consent Order with Salamon Flooring, Inc. for Asbestos violations in West Springfield. The violations were discovered during MassDEP's inspection of renovation work that was conducted at a pet supply store in West Springfield.  During the inspection, MassDEP discovered that Salamon had removed asbestos-containing floor tile and mastic without filing an asbestos notification, and without instituting the proper (and required) asbestos-handling protocols and procedures.  Salamon demonstrated an inability to pay.  Salamon agreed to implement Best Management Practices to prevent future noncompliance with the Asbestos regulations and will pay stipulated penalties for any future noncompliance with those regulations during a one-year period.  


Date: 6/27/13
municipality: ['Hopkinton']
Text:
  MassDEP entered into a Consent Order with a $7,250 Penalty involving New England Laborers Training Association for Waste Site Cleanup violations in Hopkinton.  The respondent failed to file timely notifications and take an Immediate Response Action after an estimated 1,000 gallons of heating oil was released from a failed fuel delivery system that serviced the emergency power generator at this facility.  A $7,250 Penalty was paid that included a $3,500 Supplemental Environmental Project to purchase emergency equipment for the Hopkinton Fire Department.           


Date: 6/26/13
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with the former Bargaineer Property for Waste Site Cleanup violations at 70 East Battles Street in Brockton. JLTS VI, LLC is the owner of the former Bargaineer property, located at 70 East Battles Street in Brockton. At that facility, there had been a release of oil and hazardous materials.  In April 2012, MassDEP issued JLTS a notice of noncompliance for having failed to complete timely response actions that are required under state regulations. The respondent requested additional time in which to comply.  Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should the respondent fail to comply.


Date: 6/26/13
municipality: ['Sturbridge']
Text:
  MassDEP entered into a Consent Order with Hamilton Rod and Gun Club, Inc. for Water Supply violations in Sturbridge. The Hamilton Rod and Gun Club has agreed to an enforceable schedule to provide for a path to compliance for an approved transient non-community public water system (PWS) to serve its clubhouse bar and pavilion located at 24 Hamilton Road in Sturbridge. Today's Order requires the owner to operate the on-site well that supplies water in accordance with the requirements for a public water supplier, including


Date: 6/26/13
municipality: ['Boxborough']
Text:
  MassDEP has executed a Consent Order with a $4,600 Penalty involving Harvard Ridge Condominium Association for Groundwater Discharge violations in Boxborough. The violations occurred at its property on Swanson Road in Boxborough.  The wastewater treatment facility reports showed continued effluent limit exceedances. Today's Order requires the owners to complete construction of upgrades to the facility in accordance with the approved permit modifications.  The Penalty is suspended pending compliance with the terms of today's Order.  This action will result in the proper treatment of 24,000 gallons of wastewater per day.


Date: 6/26/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving 63-65 South Street Hopkinton, LLC for Wetlands violations at the same address.  The respondent has agreed to mitigate damage caused by work it conducted in violation of the Wetlands Protection Act at its property.  An inspection by MassDEP in November 2012, resulted in the issuance of a Unilateral Order that required the owner to do the following


Date: 6/25/13
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with F&B Rubberized, Inc., for Industrial Wastewater violations in New Bedford. F&B Rubberized, Inc. is a tire shredding/recycling facility. On 8/22/12 a discharge of industrial wastewater (IWW) to a stormdrain/holding tank occurred that contributed to a release of oil/ water to the road, ultimately to a nearby stormdrain/catch basin and the outfall to the Acushnet River.  Immediate response action activities were completed relative to this release. MassDEP conducted an inspection of the facility on 8/23/12 and observed minor violations of the hazardous waste regulations regarding storage of waste oil and record keeping, and a violation of the industrial waste water holding tank regulations.  Facilities may not use a holding tank to accumulate or store industrial wastewater if it is feasible to discharge the wastewater to a sewer system.  The company will correct the hazardous waste violations, cease discharge of the industrial wastewater to the holding tank and submit an application to the city of New Bedford by 6/30/13 to connect the industrial wastewater discharge to the sewer.


Date: 6/25/13
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with Pine Valley Plantation Cooperative Corporation for Water Supply violations in Belchertown. The respondent is a community public water supplier whose violations included exceedances of the water withdrawal allowances from its drinking water sources.


Date: 6/25/13
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with Camp Winadu Operating Co. LLC for Water Supply violations in Pittsfield. The respondent is a transient non-community public water supplier regarding repeated exceedances of the maximum contaminant level for total coliform bacteria.  Today's Order addresses installation and use of a mechanical disinfection system, permit submittal and response to future exceedances.


Date: 6/25/13
municipality: ['Richmond']
Text:
  MassDEP entered into a Consent Order with View Drive Water Association in Richmond. The respondent is a community public water supplier regarding repeated exceedances of the maximum contaminant level for total coliform bacteria and failure to adequately address sanitary Survey report deficiencies.  The ACO addresses response to future MCL exceedances, including disinfection, the replacement of the PWS' emergency generator and completion of a required leak detection and water conservation study.


Date: 6/24/13
municipality: ['Great Barrington']
Text:
  MassDEP issued a Boil Water Order to Simon's Rock of Bard College for Water Supply violations at the Administration Building in Great Barrington.  The water system reported confirmed e coli detection in the distribution system which only pertains to the Administration Building at the College. The remainder of the campus is served by the Great Barrington Water District and is not covered by today's Boil Water Order.  


Date: 6/24/13
municipality: ['Rockland']
Text:
  MassDEP entered into a Consent Order with a $6,845 Penalty involving Electroswitch for Air Pollution Control and Hazardous Waste Management violations in Rockland.   A multi-media inspection by MassDEP revealed that they had been generating sufficient hazardous waste to be categorized as a large quantity generator. The facility, however, is registered as a small quantity generator. Additionally, they were not in full compliance with the air permit limits and had other hazardous waste management violations. Those included, not removing a hazardous waste container to the accumulation area within three days of becoming full, incomplete label on a container of waste oil, failure to perform weekly inspections of the accumulation area, and failure to maintain copies of their hazardous waste manifests on-site. The company also did not determine if wastes generated were hazardous wastes or to provide adequate hazardous waste training.   Today's Order ensures compliance with the applicable regulations and requirements.


Date: 6/21/13
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral Order to Arboretum Village, LLC, for Wetlands violations in Worcester. The company is required under today's Order to stop alteration of bordering vegetative wetlands at Arboretum Village Estates located off Sarah Drive in Worcester  MassDEP inspected the area and observed silt-laden runoff from unstable, eroded, suspended solids entering adjacent the resource areas (i.e., BVW and land under waterbody).  Today's Order requires Arboretum Village LLC to cease these activities causing soil destabilization and install erosion control measures to stabilize soils at the site.  It must also hire a wetlands specialist to develop an erosion control plan, evaluate the extent of wetlands alterations and submit a plan for restoration to MassDEP for review and approval.  This action will stop further wetland resource area damage and result in restoration of the wetland resources on site.  Additional enforcement with penalty assessment is anticipated


Date: 6/20/13
municipality: ['Essex']
Text:
  MassDEP executed a Consent Order with Scot's Way Realty Trust for Wetlands Protection Act violations at their property located at 7 Scot's Way in Essex.  MassDEP observed that less than 100 square feet of wood waste and wood debris (stumps) had encroached on bordering vegetated wetlands.   Today's agreement requires plans to delineate resource area boundaries and demonstrate compliance with regulatory standards be submitted for approval, and then to implement the plan as approved.    


Date: 6/20/13
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Sonoco Products Company for Hazardous Waste Management and Industrial Wastewater violations in Holyoke. Sonoco Products Company is located at 111 Mosher Street and 200 South Water Street.  A MassDEP inspection indicated


Date: 6/20/13
municipality: ['Wayland']
Text:
  MassDEP entered into a Consent Order with Wayland Water Division due to Drinking Water violations.  The public water supplier reported an e coli detect in the raw (prior to  treatment) water from the Town of Wayland's Happy Hollow Well #1 in a sample collected on 6/18/13. The well was taken off line upon learning of the e coli detection. Although the well is chlorinated, MassDEP has not certified the well as having sufficient chlorination to achieve 4-log removal of viruses, so the Ground Water Rule was triggered.  An evaluation of the well's chlorination system by MassDEP and Wayland's consultants (in writing) determined that although it was uncertified, it was providing disinfection equivalent to 4-log removal of viruses. The town was required to issue Public Notice within 24 hours of receiving the sample result, and had to collect 5 additional samples of the raw well water.  E coli was detected in two of the repeat source water samples.  Therefore, the well will remain offline until the town receives approval from MassDEP to turn it back on.  


Date: 6/19/13
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $52,610.50 Penalty involving Recovery Express, Inc. for Asbestos and Solid Waste violations in Worcester. The company contracted to transport and properly dispose of asbestos containing waste material from licensed asbestos contractors but does not have transport vehicles, containers or employ its own drivers. Investigation revealed that the company sold its customers preprinted Asbestos Notification Forms for submittal to MassDEP that included false and misleading information. Additionally, asbestos program personnel discovered a tractor trailer body filled with asbestos containing waste material had been left at a retail shopping center in Worcester for more than a month before being towed to another yard. The company was cited for storage of asbestos waste at two unapproved locations and in a manner that could have resulted in release of asbestos emissions to the environment. Under the terms of the settlement, the company must recall all waste shipment records containing false and misleading information from its customers and provide to them at no cost accurate disposal records. Today's Penalty will be suspended after the existence of financial hardship conditions was demonstrated but provided that the company complies with all conditions of the Order and there are no further violations for one year.


Date: 6/19/13
municipality: ['Halifax']
Text:
  MassDEP executed a Consent Order with a $29,000 Penalty involving Sha-Rac Realty Trust for Wetlands violations at 21 Plymouth Street in Halifax. MassDEP determined the respondent cut one acre of bordering vegetated wetland and cut and filled a second acre of BVW without an order of conditions (permit). The area of wetland fill is identified by MassGIS as a wetland change feature. The respondent is required to restore the two acres of BVW. In accordance with MassDEP's small business policy, $29,000 of the assessed penalty is suspended, contingent upon the successful restoration of two acres of BVW.  Today's Order establishes a schedule by which the wetland restoration work shall be completed. 


Date: 6/19/13
municipality: []
Text:
  MassDEP issued a $500 Penalty Assessment Notice to eight facilities for Hazardous Waste Recycling violations. The eight have hazardous waste recycling permits but also had repeated failure to submit the Hazardous Waste Recycling Annual Report by March 1.  These permitted facilities are required to file the annual report to inform MassDEP of the type and amount of material they have recycled on-site and off-site, as well as the destination facilities and transporters used.  The facilities cited not only missed the most recent certification deadline, but had one or more prior notices.  MassDEP gave these repeat offenders 21 days to pay a $500 penalty and 30 days to submit the Annual Report for 2012.  


Date: 6/18/13
municipality: ['Shrewsbury']
Text:
  MassDEP entered into a Consent Order a $14,370 Penalty involving Wheelabrator Millbury, Inc. for Solid Waste violations in Shrewsbury.  The company operates the Shrewsbury Ash Landfill where it began construction of a scale house. However, the work was started prior to receiving a 'major post-closure use' permit, a requirement for this activity.  Today's Order requires compliance with applicable regulations and payment of a $14,370 of which all of it will be used to help fund an energy-related Supplemental Environmental Project.  The SEP monies will help fund the replacement of 1966 vintage windows at the town of Shrewsbury Town Hall with new energy-efficient windows that will help lower heating and cooling costs.  Today's Order will help ensure compliance with applicable regulations and will help promote energy efficiency.  


Date: 6/18/13
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with a $34,405 Penalty involving Mr. Home, Inc. for Asbestos violations in Ludlow. The violations were discovered during MassDEP's inspection of renovation work that was conducted at a residential home in Ludlow.  During the inspection, MassDEP discovered that Mr. Home had removed asbestos-containing floor tile and mastic without filing the required asbestos-notification, and without instituting the proper asbestos handling and disposal procedures.  Mr. Home was retained as a Massachusetts-licensed asbestos contractor to clean up the site.  In the Consent Order with MassDEP, Mr. Home agreed to pay $12,000 of the Penalty, with the balance, $24,405, will be suspended provided that Mr. Home complies with the terms of the Order and remains in compliance with the state asbestos handling regulations for five years.6/18/13


Date: 6/17/13
municipality: []
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving the North Adams Department of Public Works. The town's DPW is responsible for a discharge of diesel fuel from the DPW's Ashland Street facility on 10/15/12.  On that date, a DPW employee failed to attend a hose while fueling a backhoe, resulting in a spill of approximately 22 gallons of diesel fuel to pavement at the yard. The employee failed to notify DPW supervisory staff of the spill, and shoveled and washed the diesel fuel into a storm drain that conveyed the diesel fuel to the Hoosic River.  The North Adams Fire Department received a citizen call regarding diesel fuel sheen and odor on the river, and contacted MassDEP on that date.  Investigation performed by the Fire Department and MassDEP personnel, including interviews of DPW personnel and review of video footage from cameras at the yard, confirmed the discharge and actions of the employee.  DPW officials fully cooperated with the investigation and the city has completed assessment of the release and filed a final response action outcome statement (as required under the state's waste site cleanup regulations).  To resolve the violation, the city has proposed to implement an Environmental Management System (EMS) for the DPW operations.  MassDEP has agreed to suspend the $5,750 Penalty in its entirety pending the city's successful implementation of the EMS.


Date: 6/17/13
municipality: ['Otis']
Text:
  MassDEP issued a Boil Water Order to Camp Overflow in Otis.  The Order was issued to this campground following confirmed e coli (bacteria) detection in the distribution system for one of its public water system wells.  The Order, however, is limited to those sites served by this well and associated with this distribution system.  


Date: 6/17/13
municipality: ['Hampden']
Text:
  MassDEP issued a Boil Water Order to White Birch Garden Apartments in Hampden. The Order was issued to this 20-unit apartment complex due to confirmed e coli (bacteria) detection.  The affected source was taken out of service and disinfection introduced into the system through a second source.   


Date: 6/14/13
municipality: ['Groton']
Text:
  MassDEP entered into a Consent Order with Ghanshyam Realty Trust, and Groton Convenience, Inc. in Groton for Water Supply violations. The violations occurred during operation of the public drinking water system at Groton Convenience, Inc, on Route 119 in Groton.  Today's Order requires the owners to hire a certified operator, monitor the water supply for potential contaminants, as required in their sampling and analysis plan, and comply with requirements to submit Annual Statistical Reports.  Through today's Order, the owners have also agreed to address operational deficiencies at the water supply that were identified in the recently conducted Sanitary Survey.


Date: 6/14/13
municipality: ['Groton']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Ghanshyam Realty Trust and Groton Convenience, Inc. for Water Supply violations in Groton. The respondents have agreed to resolve violations of the Drinking Water Regulations that occurred during operation of the public drinking water system located at Groton Convenience, Inc. on Route 119 in Groton.  Today's Order requires the owners to hire a certified operator, monitor the water system of potential contaminants, as required in their sampling and analysis plan, and comply with requirements to submit Annual Statistical Reports.  Through today's Order, the owners have also agreed to address operational deficiencies at the water system that were identified in the recently conducted a sanitary survey. Under today's Order, $1,000 of the Penalty is suspended provided there are no additional violations for one year.


Date: 6/13/13
municipality: ['Lee']
Text:
  MassDEP was notified of District Court in Southern Berkshire County concerning the case of Mark Fahey and Northeast Timberland Investments. Mr. Fahey and Northeast Timberland in Southern Berkshire District Court is currently in continuation without a finding for one year. It includes, 100 hours of community service, mandatory hazardous waste training and payment of $300 in court costs for Mr. Fahey, and a continuation without a finding for one year, a required employee spill prevention training, and $2,000 in court costs for Northeast Timberland Investments. Mr. Fahey, an employee of Northeast Timberland, failed to report the release of up to 40 gallons of diesel fuel at a Turnpike Travel Plaza in Lee in April, 2012. This case was handled by the Attorney General's office on behalf of MassDEP.


Date: 6/13/13
municipality: []
Text:
  MassDEP issued seven Notices of a Penalty Assessment Notices for their repeated failure to submit Environmental Results Program (ERP) compliance certifications to the agency by 9/15/12, as required. Dry cleaners need to file these annual certifications with MassDEP that they are complying with state air pollution control, hazardous waste management and industrial wastewater requirements.  The facilities cited not only missed the most recent certification deadline, but had one or more prior notices. MassDEP gave these repeat offenders 21 days to pay $1,000 Penalties and required them to file their overdue certifications immediately.  


Date: 6/12/13
municipality: []
Text:
  MassDEP issued 27 Notices of Noncompliance to various printer facilities that failed to submit their Environmental Results Program (ERP) compliance certifications to the agency by 9/15/12, as required. Printers need to certify every year that they are in compliance with state air pollution control, hazardous waste management and industrial wastewater requirements. MassDEP sent reminder postcards in July and August 2012, to all the facilities in the state of their obligations. These 27 have failed to respond and/or failed to file their certifications within 30 days.6/12/13


Date: 6/11/13
municipality: ['North Attleborough']
Text:
  MassDEP issued a Unilateral Order to Sarkis Gas & Service Station relative to a $45,000 Payment. On 6/22/12, the respondent entered into a Consent Order with Penalty establishing deadlines for the cleanup of a release at 563 South Washington Street in North Attleborough. That Order required the completion of comprehensive response actions pursuant to the Waste Site Cleanup regulations.  Sarkis failed to conduct response actions required.  The Demand Notice was issued and the Order further establishes a schedule for the completion of comprehensive response actions at the site.


Date: 6/10/13
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with Royal Plating & Polishing, Inc. for Hazardous Waste Management violations in Pittsfield. Under today's Order, Royal Plating & Polishing, Inc. is required to address the company's exceedance of its hazardous waste storage time limit.  The Order further establishes timelines for the company to return to compliance


Date: 6/7/13
municipality: ['Hinsdale']
Text:
  MassDEP executed a Consent Order with Aquarius Water Company, Inc. for Water Supply violations in Hinsdale. The company had repeated failure to monitor for perchlorate at its Ashmere Water Service community public water system well #2 and failure to provide public notification for the water quality monitoring violations.


Date: 6/7/13
municipality: ['Northampton']
Text:
  MassDEP executed a Consent Order with a $290 Penalty involving Glacier Water Services, Inc. for Water Supply violations in Northampton. The company failed to report chlorine residual results for several months at its vending machine public water system located in Northampton.  Today's Order includes a penalty of $290, of which one half was suspended pending compliance with the requirements of today's Order.


Date: 6/7/13
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with TransGas Inc. for Wetlands violations at 87 Industrial Avenue East in Lowell. MassDEP observed that sediment was entering a stream and bordering vegetated wetlands from the snowplowing operations on the unpaved roads and parking areas on the site.  Heavy equipment and tractor trailer trucks in the buffer zone degraded the area and contributed to storm water runoff during rain events. Under today's Order, the company is required to submit plans to delineate resource area boundaries and demonstrate compliance with regulatory standards be submitted for approval, and then implementing the plan as approved.   6/7/13


Date: 6/7/13
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $31,000 Penalty involving New Arch LLC for Waste Site Cleanup violations in Roxbury (Boston).  Specifically, the respondent owns property at 110-118 Terrace Street where it has failed to meet deadlines established in a previous Order that was executed 2/29/12. Today's Order requires a tier two (site classification) extension to be filed on 6/13/13; a phase two assessment by 1/30/14; a phase three remedial alternatives by 1/30/14 and a phase four remedy implementation on 5/1/14 and final response action outcome by 8/1/14. Under the terms of today's Order $28,500 of the Penalty will be suspended pending compliance and there is a stipulated penalty provision for any missed deadlines.  


Date: 6/6/13
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with an $8,580 Penalty involving Cobham Defense Systems, Inc for Hazardous Waste Management violations at its facility in Lowell.  The company was found during an inspection by MassDEP for a number of violations of the hazardous waste regulations.  The Order establishes timelines for the facility to come into compliance with all regulations found to be in non-compliance including universal waste violations as well as posting of the emergency contact telephone list, container labeling, and training of facility personnel in hazardous waste management practices.


Date: 6/6/13
municipality: ['Stoughton']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the town of Stoughton, T.W. Conroy and Stoughton Recycling Technologies. The Amendment is regarding the town of Stoughton's landfill located off of Page Street in Stoughton. The Amendment extends the closure date for the landfill from December 2013 to July 2014 and allows for an additional 70,000 cubic yards of soils to be delivered for grading and shaping of the landfill.  Today's Amendment further requires that the landfill operator grade the landfill plateau area to facilitate the construction of a photovoltaic array "post-closure use" that at a minimum will be 100 kW. In addition the Amendment requires the town of Stoughton to solicit bids to determine the feasibility of the installation of a photovoltaic array with a capacity greater than 100 kW.


Date: 6/5/13
municipality: ['Great Barrington']
Text:
  MassDEP executed a Consent Order with Butternut Basin for Water Supply violations in Great Barrington. Butternut Basin is a public water system that is required to address a repeated maximum contaminant level violation of the total coliform (bacteria) at this groundwater system.  Butternut will install a disinfection system to serve its public water system.


Date: 6/4/13
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $7,187.50 Penalty involving Leach Street LLC for Waste Site Cleanup violations at 12 Woodbury Court in Salem. Leach Street LLC is the owner of the property where portions of the property were part of a coal gasification facility in the mid to late 1800s.  Coal tar and other contaminants were identified at the property by the former owner in 2002, triggering MassDEP notification.  In 2011, EPA excavated three feet of contaminated soil and installed a clean soil cap across the entire property.  The property was purchased by Leach Street LLC in August 2012.  In September 2012, Leach Street LLC began to excavate through the clean soil cap into the contaminated soil beneath, in preparation for constructing a two-family residence, this was done without submitting a release abatement measure plan to MassDEP.  The plan was later submitted to MassDEP, along with a request to reestablish response action deadlines as an eligible person.  Today's Order establishes new deadlines for phase two, three and four of the cleanup response plan, and the final response action outcome. MassDEP has agreed to suspend $1,187.50 of the Penalty provided Leach Street LLC does not violate any of the conditions in today's Order.  The Order also contains a stipulated penalty provision for any missed deadlines.


Date: 6/4/13
municipality: ['Dracut']
Text:
  MassDEP entered into a Consent Order with a $54,150 Penalty involving PJ Keating Company for violations of the Clean Waters Act, the Wetlands Protection Act, and the Water Quality Standard in Dracut. Specifically, the company was allowing the unauthorized discharge of sediment into a pond at the headwaters of Peppermint Brook. Activities contributing to the erosion, siltation and discharge of pollutants to the pond included failure to place and maintain erosion and sedimentation controls, improper management of stormwater containing sediments from trucking, stockpiles, and site operations, the improper operation of a catch basin structure and flow divider system, and the improper management of process water. This also resulted in adverse impacts to the hydrology of the pond, siltation and impairment of land under water, and erosion and impairment of a portion of the bank of the pond. Today's Order requires


Date: 6/4/13
municipality: ['Natick']
Text:
  MassDEP received Payment of an Administrative Penalty of $10,787 involving 22 Pleasant Street in Natick.  James Knott was listed as the potentially responsible party for the release (RTN # 3-14006) that occurred in 2009. Knott has now paid an Administrative Penalty to the Commonwealth of Massachusetts for late notification of a release to the environment.  Oral argument was to have taken place on 6/4/13 in Superior Court for the appeal of the final decision.  Knott had appealed the penalty that was assessed, but the violation and penalty was upheld by MassDEP Commissioner Kenneth Kimmell.   Knott was issued a $10,787.00 penalty for failing to report levels of TCE (a solvent) in groundwater at his property. Knott paid his penalty rather than appeal his case to the Superior Court.


Date: 6/3/13
municipality: []
Text:
  MassDEP issued a Unilateral Order to Greenfield Silver, Inc., formerly Lunt Silversmith, Inc. Lunt had failed to respond to MassDEP's interim deadline and failed to retain a Licensed Site Professional to oversee the cleanup and failed to have the assessment activities conducted following receipt of a notice of responsibility for the discovery of TCE (a solvent) in groundwater at the property.  Greenfield Silver has filed for bankruptcy.  The TCE in soil and groundwater was detected as part of a phase two environmental assessment that was performed on behalf of the town of Greenfield.  Further work performed by the Town indicated the presence of TCE in indoor air at downgradient residences.  Today's Order requires Greenfield Silver to retain a licensed site professional, perform indoor air sampling at several downgradient residences within two weeks, and install soil borings and monitoring wells to further delineate the horizontal and vertical extent of contamination.


Date: 5/31/13
municipality: ['Dudley']
Text:
  MassDEP entered into a Consent Order with a $7,816 Penalty for Air Quality, Industrial Wastewater and Hazardous Waste Management violations involving Mace Polymers & Additives, Inc. in Dudley. Today's Order requires compliance with applicable regulations, installation of a water-chiller system that will allow the company to reuse its water and alleviate the need for any discharge, and full payment of the Penalty.  The company will also fund two Supplemental Environmental Projects (SEP) valued at $8,500.  Under the SEP the company will give $5,000 to the Dudley Fire Department to fund a Household Hazardous Products Collection Event, and an additional $3, 500 will be used for energy saving improvements made to the town's animal shelter.   


Date: 5/31/13
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with an $11,000 Penalty for Waste Site Cleanup violations involving Parks Cramer Lofts, LLC, for Waste Site Cleanup violations at its facility in Fitchburg. The company failed to notify MassDEP of a release of chromium to the soil at 68 Airport Road in Fitchburg at levels that could pose an imminent hazard.  The company also failed to continually evaluate site conditions to determine if an Immediate Response Action was required; it also failed to notify the abutting property owner of the results of sampling on the abutting property; and, also for conducting a Release Abatement Measure without first submitting a plan.  In addition to the Penalty, today's Order establishes a deadline for submitting a RAM completion report or response action outcome statement.


Date: 5/30/13
municipality: ['Auburn']
Text:
  MassDEP executed a Consent Order with a $20,775 Penalty for Asbestos violations involving Edward Frateschi of Auburn. Frateschi is trustee of the Arraho Realty Trust. The violations were discovered in February 2011 during an inspection of renovation work being conducted in Auburn.  MassDEP inspectors determined that asbestos-containing exterior siding was improperly removed, handled and disposed of at the property.  Under the terms of the Order, the Trust will comply with applicable regulations in the future, and will pay $6,500 of the Penalty.  The additional $14,225 will be suspended provided that there are no further violations for one year.  


Date: 5/29/13
municipality: ['Everett']
Text:
  MassDEP executed a Consent Order with Coleman Manufacturing Company, Inc. that occurred at the former Railroad Right-of-Way in Everett. This former railroad right- of- way is owned by MBTA, for failure to submit a final (response action outcome or RAO) statement within the deadline established by MassDEP in a notice of noncompliance issued on 4/11/13.  New deadlines have now been established in today's Order to return the site to compliance include the submittal of a tier two classification extension by 11/7/13, and submitting an RAO, or alternatively, a remedy operation status, by no later than 5/22/14.


Date: 5/28/13
municipality: []
Text:
  MassDEP executed a Consent Order with an $11,500 Penalty involving the Town of Manchester Water Department due to an exceedance of the lead action level and failing to receive written approval prior to a substantial modification to its system.  The Town has agreed to submit a report of a Lead Service Line Replacement Program, collect two additional rounds of sampling, and perform public notice. The Town will pay $5,000 of the Penalty with the remaining $6,500 suspended pending compliance with the Order.


Date: 5/24/13
municipality: ['Savoy']
Text:
  MassDEP issued a Boil Water Order to Shady Pines Campground in Savoy. The Order was issued to this campground as a result of positive e.coli (fecal) coliform detected in the distribution system of this public water system and outlined the required corrective steps.  [The Order was subsequently lifted on 5/31 following 3 rounds of clean bacteria sampling.]


Date: 5/24/13
municipality: ['Leicester']
Text:
  MassDEP issued a Unilateral Order to Staffordshire Properties, Inc. to cease discharge of pollutants to surface water in Leicester. The company is owner and operator of Staffordshire Country Estates located at 500-510 Stafford Street in Leicester (Cherry Valley).  Today's Order requires the owners to immediately cease and desist from further discharges of pollutants to local surface waters.  During a May 2013 inspection at the apartment complex, MassDEP staff observed evidence of breakout of sewage onto the ground surface from the existing septic system leach field.  Today's Order directs the owners to pump out the on-site septic tanks at a frequency that eliminates further breakout, to fence the area of breakout, to keep residents and pets out of the affected area, and to complete installation, and begin operation of its approved groundwater discharge facility within 180 days.  This action will result in the proper treatment of approximately 18,000 gallons per day of sanitary wastewater.


Date: 5/24/13
municipality: ['Chelsea', 'Quincy']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty involving Elmer E. Pineda for Asbestos violations at 132 Bellingham Street in Chelsea.  MassDEP personnel observed during an inspection of the site that asbestos containing materials had been removed from the site and placed in a 30 yard dumpster at a location Quincy. Pineda, a certified asbestos supervisor, failed to properly notify MassDEP of the asbestos removal at the site.   As a result of the violations observed by MassDEP, the Respondent will pay $2,000 and $15,050 will be suspended for a period of one year provided Pineda complies with the Order during that period. Financial inability to pay the penalty was a consideration in reaching this agreement.  


Date: 5/23/13
municipality: ['Beverly']
Text:
  MassDEP entered into a Consent Order with a $32,100 Penalty involving Columbia Construction Company for Asbestos violations at 32 Tozer Road in Beverly. MassDEP observed during an inspection of the site that asbestos containing materials had been removed from the lab area of the site and placed in a 30-yard dumpster at the location. The respondent and/or its responsible designee failed to properly notify MassDEP of demolition/renovation activities at the site. In addition, the respondent and/or its responsible designee failed to notify MassDEP of the asbestos removal at the site.  Under today's Order, the respondent agrees to pay $9,700 of the Penalty with the remaining $22,400 suspended for a period of one year.


Date: 5/23/13
municipality: ['Hadley']
Text:
  MassDEP executed a Consent Order with the town of Hadley's Department of Public Works to address a repeat failure to submit timely analysis of repeat drinking water samples for analysis for enterococcus (bacteria) following a positive result for total coliform (bacteria) at this groundwater system.  The system collected the samples within the required time period; however, the system failed to have them properly analyzed due to incorrect labeling in the chain of custody.


Date: 5/23/13
municipality: []
Text:
  MassDEP executed a Consent Order with the town of Greenfield's Department of Public Works to address the operation of an historic Caisson Well operated by the town of Greenfield.  The well had been previously repurposed as a surge tank for a surface water supply, however, it was recently determined that groundwater infiltrates the well and can be pumped as a groundwater source when the surface water feed is shut down.   Today's Order provides requirements for interim use while the system completes permitting for the well as a source.


Date: 5/21/13
municipality: ['Monson']
Text:
  MassDEP entered into a Consent Order with a $21,000 Penalty involving Tower View LLC, for Waste Site Cleanup violations in Monson. Tower View LLC is the owner of the property at 288 Main Street, Monson, where a textile mill had operated until 1941, then as a manufacturing facility of metal containers and cabinets until 2007.  Mercury and petroleum hydrocarbons were discovered in soil by the metal manufacturer.  The site was purchased by Tower View LLC in 2007.  Tower View LLC failed to meet deadlines established in a notice of noncompliance issued on 1/26/12, for submitting a phase two comprehensive site assessment and remedial (cleanup) action plan.  Today's Order requires submittal of the completed site assessment and selected remedy to achieve standards by 8/1/13.  A plan to implement the selected remedy is due by 8/1/14 and a final report detailing site cleanup is due by 8/1/16. The $21,000 Penalty will be suspended if Tower View does complies with terms of the Order.  There is also a stipulated penalty provision for any missed deadlines.


Date: 5/21/13
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with the owners of 681 North Street, Pittsfield, a former gasoline station, for Waste Site Cleanup violations.  In April 2009, the site owners notified MassDEP of a release of lead and petroleum hydrocarbons to soil and groundwater.  The owners, however, thereafter failed to submit the required phase two (comprehensive site assessment) and remedial (cleanup) action plan, which were due on 10/30/12.  Today's Order establishes deadlines to submit the missing phase reports and to achieve a permanent or temporary solution.  The Order also contains a stipulated penalty provision if any of the deadlines established are missed.


Date: 5/21/13
municipality: ['Stockbridge']
Text:
  MassDEP executed a Consent Order with Stockbridge Sportsmen's Club in Stockbridge. The Order was issued to address repeat violations of the total coliform (bacteria) rule by the Club, which operates as a public water system.  The system intends to seek a permit and install a mechanical disinfection system to ensure future compliance with the total coliform rule.


Date: 5/17/13
municipality: []
Text:
  MassDEP was informed that in Worcester Superior Court, Henry Papuga, the former manager of the Milford Water Company, was convicted on six counts of tampering with water samples and two counts of submitting false information to MassDEP. A four-day jury waived trial in Worcester Superior Court.  The judge found that the scientific evidence was "overwhelming" that Papuga added chlorine to the water samples in an effort to get a boil-water order lifted in August 2009.   Papuga was sentenced to one year in the House of Correction, which was suspended during a five-year probationary term, and must also perform 250 hours of community service and not work in the water supply industry.


Date: 5/16/13
municipality: ['Rehoboth']
Text:
  MassDEP executed a Consent Order with a $22,500 Penalty involving Sustainable Farm Realty Trust for Wetlands violations at Morra Brook Farm in Rehoboth.  The respondent shall submit a Stream Restoration Plan which will include a proposed schedule for approval by MassDEP for restoring the stream to pre-culverted conditions. Sustainable Farm Realty Trust will pay $11,250 of the Penalty with $11,250 suspended pending compliance.


Date: 5/14/13
municipality: ['Springfield', 'Westfield']
Text:
  MassDEP executed a Consent Order with a $3,750 Penalty involving Leonard E. Belcher, Inc. for Waste Site Cleanup violations in Westfield. Belcher is the owner and operator of a number of self-service gasoline stations and convenience store locations in the Springfield area.    Belcher failed to notify MassDEP within two hours of a sudden release of diesel fuel that occurred at its Westfield facility on 11/16/12. The spill, estimated as eight gallons, was originally reported by Belcher to MassDEP at 3


Date: 5/14/13
municipality: ['East Bridgewater']
Text:
  MassDEP executed a Consent Order with a $2,875 Penalty involving Squeaky Clean Car Wash for Groundwater Discharge violations in East Bridgewater.  Specifically the violations involved exceedance of the facility's ground water discharge permit effluent limits. Today's Order establishes timelines for the wastewater treatment facility to come into compliance with the permit, either by improving the operations to the current facility or by constructing upgrades to the facility.   


Date: 5/13/13
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with Siasconset Golf Course for Waste Site Cleanup violations at 260 Milestone Road in Nantucket. The Order specifically involves the Estate of Henry Coffin, Jr. for the property located at 260 Milestone Road in Nantucket.  A penalty of $26,599 was assessed to the Estate for failure to meet the terms and conditions of the Activity and Use Limitation attached to the property deed at this location. The violations were found as a result of MassDEP's audit inspection.


Date: 5/10/13
municipality: ['Bellingham']
Text:
  MassDEP in a cooperative effort including the Environmental Strike Force, the Bellingham Police Department during the first two weeks of May investigated and arrested an individual engaged in the act of illegal dumping of solid waste on an electric company easement located off of Route 140 in Bellingham.  The individual was arraigned in Milford District Court and released, and was required to report to Court. The case is currently pending in Worcester Superior Court.


Date: 5/2/13
municipality: ['Norwood']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Home Market Foods, Inc in Norwood. Today's  Amendment - Number 2 - with Home Market Foods is a result of the facility's request to install a Regenerative Thermal Oxidizer (RTO) as the air pollution control technology rather than the previously selected control technology specified in the Consent Order.  The amendment sets deadlines for installation of the final air pollution control equipment by 9/30/13.  Home Market previously paid a penalty of $43,000 dollars and the Department suspended $256,000 pending completion of the installation of the control equipment


Date: 5/1/13
municipality: ['Ayer']
Text:
  MassDEP entered into a Consent Order with an $11,647.50 Penalty involving 123 Central Avenue Realty Corporation for Waste Site Cleanup violations in Ayer. The corporation failed to notify MassDEP of a release of metals to the groundwater at a former metal plating facility located at 123 Central Avenue in Ayer.  The company obtained knowledge of a release in 2001, but did not notify MassDEP of the release until 2011.  The company also made false or misleading statements regarding the date of knowledge in its Release Notification Form.  Under the terms of today's Order, the company will pay $5,800 of the Penalty.  The remaining balance will be suspended pending compliance with the deadlines established in today's Order for a one year period.   


Date: 5/1/13
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving 160 Fremont Associates, LLC, for Waste Site Cleanup violations in Worcester. 160 Fremont Street Associates, LLC failed to meet Waste Site Cleanup response action deadlines, and failed to conduct an immediate response action.  MassDEP was notified by 160 Fremont Street Associates of indoor air impacts in a condominium complex that was built from a renovated industrial facility. The LLC submitted a cleanup plan, after it was prompted to do so by a Notice of Noncompliance that MassDEP issued, but did not implement the cleanup plan.  160 Fremont Street, LLC has now agreed to pay the $2,000 Penalty for these violations while response actions are being done by the current owner.


Date: 5/1/13
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $5,692.50 Penalty involving Lincoln Crossing LLC for Waste Site Cleanup violations on May Street in Worcester. Specifically, the violations involved an Activity and Use Limitation that was attached to the property.  An AUL was recorded this site in April 1995, and it prohibits the excavation of residual oil and solvent-impacted soil at the site without a Health and Safety Plan (HASP) and Soil Management Plan (SMP).  During a site inspection, MassDEP observed the site tenant had used heavy equipment to move soil without a HASP or SMP, a violation.  In addition, the tenant's lease did not include a reference to the AUL.  Under the terms of today's Order, Lincoln Crossing, LLC has agreed to pay $4,000 of the Penalty, with an additional $1,692.50 suspended.  Today's Order requires that a confirmatory AUL be assessed and recorded, which includes language to clarify obligations and conditions of the AUL.  The Order also requires that all future deeds, mortgages, leases, and instruments of conveyance and transfer must include a reference to the AUL.


Date: 5/1/13
municipality: ['Millbury']
Text:
  MassDEP entered into a Consent Order with a $1,083 Penalty involving United-County Industries Corporation for Hazardous Waste Management and Toxics Use Reduction violations in Millbury.  The company generated hazardous waste in excess of its registered generator status and failed to properly label and mark hazardous waste container. The company also failed to submit accurate data in its TURA report, and failed to complete a TURA plan update.  Today's Order requires compliance with applicable regulations, and payment of a $1,083 civil administrative penalty. The company will also expend an additional $3,247 toward a Supplemental Environmental Project (SEP).  The SEP will promote environmental education and awareness, and has the company hiring a contractor to contact other area Hazardous Waste generators and provide training to them on the applicable regulations and how to stay in compliance with applicable regulations. This will work to help ensure future compliance with all applicable regulations here and at other area facilities as well.   


Date: 4/30/13
municipality: ['Beverly']
Text:
  MassDEP executed a Consent Order with a $32,100 Penalty with U.S.A. Demolition Inc. for Asbestos violations at 32 Tozer Road in Beverly.  MassDEP responded to a request for an emergency waiver and observed during an inspection of the respondents work site and found asbestos-containing materials had been removed from the lab area of the site and placed in a 30 yard dumpster at the location. The respondent failed to properly notify MassDEP of demolition/renovation activities at the Site. In addition, the respondent failed to notify MassDEP prior to the asbestos removal at the site.   As a result of the violations observed, USA Demolition Inc. will $8,700 and $23,400 will be suspended for a period of one year. The small business policy was utilized in reaching this agreement.


Date: 4/30/13
municipality: ['Williamstown']
Text:
  MassDEP issued a Boil Water Order (as a precaution) to the Berkshire Hills Motel involving its Water Supply in Williamstown. The Boil Water Order issued to Jill Ryder, owner of the Berkshire Hills Motel, was due to routine monitoring of the Motel's public water system. Results showed high counts of total coliform bacteria.  No e.coli bacteria was detected.  The Order includes a requirement to disinfect and investigate the source of the problem.


Date: 4/29/13
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $2,860 Penalty involving VHS Acquisition Subsidiary Number 7, Inc. for Hazardous Waste and Air Quality violations in Worcester. MassDEP finalized the Order with VHS Acquisition Subsidiary Number 7, Inc. (d/b/a Saint Vincent Hospital) after the facility generated hazardous waste in excess of its registered status, and failed to ensure all required information on hazardous waste manifests was correct. Also, the facility failed to submit its required annual air quality source registration information.  Today's Order requires compliance with applicable regulations and payment of the $2,860 Penalty. 


Date: 4/25/13
municipality: ['Becket']
Text:
  MassDEP executed a Consent Order with Two-State Young Men's Christian Association, Inc. for Water Supply violations in Becket. The facility is required under today's Order to address repeated exceedances of the maximum contaminant limit for total coliform at its Chimney Corners Camp public water system located in Becket.  Today's Order addresses response actions and disinfection should another exceedance occur prior to 12/1/13.


Date: 4/25/13
municipality: ['New Marlborough']
Text:
  MassDEP entered into a Consent Order with a $6,512 Penalty involving Mill River Watertakers Association, Inc., for Water Supply violations in New Marlborough. The company agrees to address its failure to comply with all the conditions specified in a previously-issued Unilateral Order


Date: 4/25/13
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving David Mayo for Wetlands violations in Brimfield.  MassDEP found that Mayo was responsible for the alteration of 2,649 square feet of bordering vegetated wetlands in the construction of a gravel path associated with his home.  Today's' Order provides for the restoration of the impacted area.  The Penalty will be fully suspended under the homeowner's policy provided that the restoration is completed.


Date: 4/19/13
municipality: ['Sturbridge']
Text:
  MassDEP executed a Consent Order with T&T Realty Trust for Water Supply violations at 138 Main Street in Sturbridge. Today's Order provides an enforceable schedule for construction and installation of a water line to connect Paoletti's Fruit Store to the Sturbridge municipal water supply.  Until the tie-in is completed, the owners will operate a Transient Non-Community (TNC) public water system at this property.  By making the connection to the Sturbridge Water Department, this property will no longer be considered a Public Water Supply.  This action will ensure that the public served by this business will receive water that is safe and fit to drink.


Date: 4/17/13
municipality: ['Revere']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving GMFC Corporation for Waste Site Cleanup violations at 585 North Shore Road in Revere. GMFC is the owner and operator of the property, where specific violations were the application of an additive meant to remediate or cleanup the site but was within 50 feet of a surface water body, and was done without prior approval and the failure to submit an immediate response action plan prior to implementing this plan.  Under today's Order, the company will pay $1,750 with the remaining $4,000 suspended, with a stipulated penalty provision for any missed deadlines.


Date: 4/17/13
municipality: []
Text:
  MassDEP was informed that Julian Pagacz, Easthampton has pled guilty at his arraignment at Northampton District Court to two counts of Clean Air Act violations resulting from his involvement in the removal of asbestos pipe insulation from an apartment building he owns in Easthampton. Pagacz was ordered to pay a $10,000 fine and serve two years probation. This case was handled by the Attorney General's office on behalf of MassDEP.


Date: 4/17/13
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Architectural Heritage Foundation, Inc. for Waste Site Cleanup violations in Lawrence. Architectural Heritage Foundation, Inc. is the owner and/or operator of sites at 73-75 Methuen Street and 5-9 Mill Street in Lawrence.  These sites are a former mill property in downtown Lawrence.  Architectural Heritage Foundation, Inc.  purchased the Site in 2007 for potential development.  The specific Waste Site Cleanup violations were failure to meet deadlines as established in the state regulations, and further as specified in a notice of noncompliance issued previously.  Today's Order requires a phase two (assessment) report by 8/30/14, a phase three (remedy alternatives) plan by 9/30/14, and a phase four (remedy selection/implementation) report by 10/30/14. There is also a final Response Action Outcome statement due by 12/31/14. Today's Order contains a $5,000 penalty and a stipulated penalty provision for any missed deadlines.


Date: 4/16/13
municipality: ['Lawrence']
Text:
  MassDEP issued a Unilateral Order to Merrimack Street Redevelopment Authority LLC for Asbestos violations at 7-19 South Canal Street in Lawrence.  MassDEP conducted multiple inspections at 7-19 South Canal Street in Lawrence.  MassDEP personnel observed during the inspections of the site that the respondent was continuing to perform salvage work at the site which was impacting asbestos containing materials in violation of a prior Consent Order. In addition, MassDEP observed that the respondent had failed to seal the boiler room, failed to cover contaminated stockpiles, filled areas of the site with solid waste, and failed to adhere to the 'interim deadlines' that were  established in a 'conditional approval' as specified in the previously-agreed upon Consent Order. As a result of these violations, the respondent is under today's Order required to cease and desist from any demolition/salvage activity which was impacting asbestos. Thereafter, they are to submit a site security plan, seal areas of the buildings which are contaminated with asbestos, submit a plan for review and approval to abate and properly dispose of damaged/impacted asbestos containing materials, perform inventories of asbestos and other hazardous materials, structurally evaluate the buildings, stop the filling and file a plan (for approval) that demonstrates how the respondent would properly remove and dispose of solid waste from the site in a way that is in compliance with Massachusetts Contingency Plan regulations.   


Date: 4/16/13
municipality: ['Lawrence']
Text:
  MassDEP issued a Demand for a $26,600 Suspended Penalty to Merrimack Street Redevelopment Authority LLC.  MassDEP had originally conducted inspections at 7-19 South Canal Street in Lawrence where it was observed that the respondent was continuing to perform salvage work at the site.  This action was impacting asbestos-containing materials and in violation of a prior Consent Order. In addition, MassDEP observed that the respondent had failed to seal the boiler room, failed to cover contaminated stockpiles, and failed to adhere to interim deadlines established in the conditional approval required under the Consent Order.  Further, the investigation found that the respondent had failed to pay the agreed upon penalty amount.    As a result of the violations observed by MassDEP and the demonstrated noncompliance with the prior Order, MassDEP today issued a demand for $26,600.


Date: 4/16/13
municipality: ['Boston', 'Chelsea']
Text:
  MassDEP entered into a Consent Order with a $14,380 Penalty involving Enterprise Rent-A-Car Company of Boston for Waste Site Cleanup violations in Chelsea.  MassDEP conducted a field inspection of the site relative to a previously-submitted Activity and Use Limitation (AUL).  The field inspection was conducted on 7/25/2012 to confirm the AUL was in compliance with reported conditions.  The primary focus of the field inspection was to gather information regarding the installation of a new oil water separator within the AUL Area and to see if the work was done in conformance with the AUL requirements.  During this AUL field inspection, it was discovered that construction activities had occurred within the AUL area.  MassDEP's subsequent review of the case indicated that none of the work was done under a Response Action plan such as a Release Abatement Measure ("RAM").  This represents a violation.  In addition, the AUL requires that a licensed site professional prepare the soil management plan. The subsequent investigation concluded that AUL requirement was in fact not met.  At the time of the violations the respondent was the operator of the property.  As a result of the violations, Enterprise will pay $4,000 while the remaining $10,380 will be suspended.  The Order also requires Enterprise to submit a RAM Plan and completion statement within 60 days.


Date: 4/16/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $14,380 Penalty involving Enpro Services, Inc. for Waste Site Cleanup violations.  A field inspection was conducted by MassDEP on 7/25/12 to confirm compliance. The primary focus of the field inspection was to gather information regarding the installation of a new oil water separator within the area of this site where an 'Activity and Use Limitation' or AUL was attached to the deed. The inspection was to determine if the work was done in conformance with the AUL requirements.  During the field inspection, it was discovered that construction activities had occurred within the AUL area, a violation.  MassDEP's subsequent review of the case indicated that none of the work was done under a response action plan, such as a Release Abatement Measure (RAM).  In addition, the AUL requires that in such situation, a Licensed Site Professional should have been hired to prepare any soil management plan. MassDEP concluded that AUL requirements were not met.  At the time of the violations the respondent was contracted by the operator of the property to install the oil/water separator system at the subject site.  As a result of the violations Enpro will pay a $7,000 of the Penalty will be paid within 30 days and, $7,380 will be suspended.  The Order also requires Enpro to develop a standard operating procedure for projects that occur on oil and hazardous material release sites to ensure compliance with the Waste Site Cleanup regulations, and Activity and Use Limitations, if applicable to the disposal site.  A copy of the new procedures shall be provided to MassDEP within 45 days.


Date: 4/12/13
municipality: []
Text:
  MassDEP entered into a Consent Order with the South Deerfield Water Supply District for Water Supply violations in South Deerfield. South Deerfield Water Supply District has agreed to establish a schedule for the redevelopment, testing and reactivation of the District's wellfield, which has been out of service since 1984 following detections of ethylene dibromide, a chemical contaminant.  If the wellfield is not able to demonstrate that it can be properly brought back on line, today's Order provides for abandonment of the source.


Date: 4/12/13
municipality: ['Holyoke']
Text:
  MassDEP has entered into a Consent Order with a $6,000 Penalty involving Adhesive Applications, Inc. for Air Quality and Hazardous Waste Management violations in Holyoke.  A MassDEP inspection conducted at the facility revealed that the company was not complying with the storage requirements for hazardous and universal wastes and on numerous occasions during the period from 2010 - 2012, and also failed to meet the minimum operating temperature of its thermal oxidizer as required by its approved plan.  As part of today's Order, the company has agreed to correct the violations. The company is working with MassDEP to address the compliance issues.


Date: 4/12/13
municipality: ['Granville']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving the town of Granville for Wetlands violations in Granville.  The violations occurred during the course of improvements to Route 89, including impacts on 1,908 square feet of bordering vegetated wetlands, and 39 linear feet of 'bank'.  In addition, there was non-compliance with the stream crossing standards.   Today's Order provides for submittal and implementation of a restoration plan that includes removal of fill.  The Penalty will be fully suspended in its entirety provided that the town completes that restoration plan.


Date: 4/12/13
municipality: []
Text:
  MassDEP issued $400 Penalty Assessment Notices to 57 Dental Facilities.  MassDEP issued penalties to these facilities over a two-week period, after they failed to submit their Environmental Results Program (ERP) compliance certifications to MassDEP as required by 6/15/12.  Dental facilities are required to certify every five years that they have installed and are operating approved amalgam separator systems to eliminate mercury from their waste water discharges. MassDEP has previously sent letters to these facilities (on 5/7/12 to 201 dental facilities from the 2007 group of filers, reminding them that their certifications and $400 compliance fees were due by 6/15/12).  Fifty-seven of those facilities have not responded and MassDEP has now given them 30 days to come into compliance.


Date: 4/12/13
municipality: []
Text:
  MassDEP issued a Demand for a $24,300 Suspended Penalty to Clean Air Environmental Inc.  MassDEP responded to a general complaint of improper asbestos removal by the Respondent conducted an inspection at 16 Hermon Street in Winthrop.  MassDEP observed during the inspection of the respondents work area at the site that the respondent was performing dry removal and handling of asbestos containing pipe insulation.  Further investigation of the Respondent revealed that respondent had failed to pay the agreed upon Penalty amount in a previously-agreed upon Order.    As a result of the Asbestos violations, and the additional failure of making the agreed upon payment, MassDEP issued a demand for $24,300.


Date: 4/12/13
municipality: ['Dennis']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Northern Sealcoating & Paving Inc. for Waste Site Cleanup violations in Dennis. The violations stem from the connection with a release of approximately 50 gallons of diesel fuel from an asphalt recycling machine. Northern has failed to notify MassDEP of the release within two hours - as required - and failed to conduct an Immediate Response Action. Northern will pay the $9,000 Penalty.


Date: 4/11/13
municipality: []
Text:
  MassDEP issued a $500 Penalty Assessment Notice to 38 Dry Cleaners. MassDEP issued penalties to these dry cleaners due to their repeated failure to submit their Environmental Results Program (ERP) compliance certifications to the agency by 9/15/12, as required. Dry cleaners need to file annual certifications with MassDEP to demonstrate that they are complying with state air pollution control, hazardous waste management and industrial wastewater requirements.  The facilities cited not only missed the most recent certification deadline, but had one or more prior notices regarding this noncompliance. MassDEP gave these repeat offenders 21 days to pay $500 penalties and 30 days to file their overdue certifications.  


Date: 4/11/13
municipality: ['North Adams']
Text:
  MassDEP was informed that Glenn Robert of North Adams was indicted by a Berkshire County Grand Jury as a result of a diesel fuel release at the North Adams DPW yard which was not immediately reported to MassDEP.  The spill subsequently entered the Hoosac River in North Adams. Robert is an employee of the North Adams DPW. This case is being prosecuted in Superior Court by the Berkshire District Attorney on behalf of MassDEP.


Date: 4/11/13
municipality: ['Stockbridge']
Text:
  MassDEP issued a Declaration of Water Emergency to Oronoque Condominium Association in Stockbridge. The Order was issued to Oronoque Condominium Association due to the lack of water at the community public water system.  The Order provides for the provision of alternate water and directs the water system to investigate and correct the cause of the emergency.  The system has been providing regular reports to MassDEP of the investigation and repairs and planned return to service.  


Date: 4/11/13
municipality: ['Dennis']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Northern Sealcoating & Paving Inc. for Waste Site Cleanup violations in Dennis.   The violations occurred in connection with a release of approximately 50 gallons of diesel fuel from an asphalt recycling machine. Northern failed to notify MassDEP, as is required, of this release within two hours and failed to conduct an immediate response action.


Date: 4/9/13
municipality: ['Pembroke']
Text:
  MassDEP entered into a Consent Order with a $3,612.50 Penalty involving Pembroke Concrete Products, Inc. for numerous environmental violations at 793 Washington Street in Pembroke. In 2007, inspectors identified both waste prevention and resource protection compliance issues.  The company, on its own initiative, ceased the discharge of wash water to the ground; installed a recycling system to reuse wash water in the concrete manufacturing process; and installed filtration controls in its storm water catch basins.  Under today's Order, the company will henceforth ensure all the proper labeling and segregation of hazardous wastes is maintained; that the company will use accurate generator identification on manifests; and, the company will ensure the development of a plan to redesign outdoor manufacturing, and waste storage areas, to prevent the contamination of soil, stormwater or groundwater. Additionally, the facility will  cease sending contaminated fines to an off-site concrete crusher and to keep records of where contaminated fines are properly disposed; they will demonstrate why the facility is exempt from Air Permitting programs, or apply for an Air Plan Approval; they will complete Underground Injection Control closure requirements for this facility's former wash water underground injection well; and, finally will  comply with EPA's Stormwater Multi-Sector General Permit for the current stormwater discharge to federal Wetlands.  Pursuant to the small business policy, the parties agreed to a penalty of $3,612.50.


Date: 4/9/13
municipality: ['Peabody']
Text:
  MassDEP executed an Amendment to an existing Consent Order with Gary M. Cole as trustee of Plus One Realty Trust for Waste Site Cleanup violations at 3 Mason Street in Peabody. Specifically, the Trust failed to submit the required phase four (remedy implementation) plan within the negotiated deadline as specified in the original 6/7/11 Order. The respondent has requested additional time to complete the necessary work and submit the required report.  Today's Order does extend the phase four deadline for an additional four months, but requires a payment of $2,000 from what was a suspended penalty (of $21,000) in the original Order.


Date: 4/8/13
municipality: ['West Boylston']
Text:
  MassDEP executed a Consent Order with Ginpaul, LLC for Waste Site Cleanup violations in West Boylston, failure to meet deadlines. Under today's Order the company has agreed to meet response action deadlines for submitting phase two (assessment) phase three (remedy alternatives and selection) and phase four (remedy implementation) along with final response action outcome reports.  The site was originally listed in 2008 after soil and groundwater were found to be contaminated with diesel and gasoline by a release from underground storage tanks.


Date: 4/5/13
municipality: ['Chesterfield']
Text:
  MassDEP has entered into a Consent Order with Hilltown Community Development Corp for Water Supply violations in Chesterfield.  MassDEP found that Hilltown CDC, which serves as a public water system has failed to address a maximum contaminant level exceedance for 'nitrates' in the facilities water.  The facility had been on quarterly monitoring and providing bottled water as a result of prior detections.  Today's Order continues the Do-Not-Use Order, on a limited basis which was issued at the time of the MCL violation, but requires the investigation of potential causes and development and execution of a plan to address the nitrate exceedance.


Date: 4/5/13
municipality: ['Ware']
Text:
  MassDEP entered into a Consent Order with a $34,500 Penalty involving ABC&D Recycling, Inc. for Solid Waste violations in Ware. The violations concern the facility's permit violations at the ABC&D Recycling, Inc. facility in Ware.  The violations included storage of demolition wastes in quantities exceeding the company's permit limits as well as failure to submit required reports, and failure to perform asbestos inspections.  The Consent Order requires payment of a $5,000 Penalty while suspending the remaining $29,500 contingent upon the company remaining in compliance with today's Order and the regulations cited therein for a period of one year.


Date: 4/4/13
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $14,050 Penalty involving George Piperidis (d/b/a Olde Towne Construction) for Asbestos violations at 66 Johnson Street in Lynn. MassDEP responded to a complaint and determined during an investigation of the respondent's worksite that they had hired an unlicensed contractor to remove asbestos-containing materials from the site. The respondent failed to submit prior notification to MassDEP of these demolition/renovation activities at the site. In addition, the respondent and the unlicensed contractor failed to notify MassDEP of the Asbestos removal at the site.  The $14,050 Penalty will be suspended for a period of two years. MassDEP's small business policy and inability to pay policies were considered in this case.


Date: 4/4/13
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $460 Penalty involving Victor Innovative Textiles LLC for Hazardous Waste Management and Air Quality violations at 81 Commerce Drive in Fall River.  Victor Innovative Textiles LLC is registered with MassDEP as a (minor) Air Quality source; and, a 'very small quantity' generator of both hazardous waste and waste oil.  MassDEP determined that the facility was acting out of this status, and is, in fact, operating in the next bracket, a 'small quantity' generator of waste oil. By exceeding its accumulation amounts, on 10/24/12, the respondent accumulated in excess of 1000 kilograms of waste oil, acting out of status. The facility also failed to maintain a record of hours of operation, gallons of fuel used and a monthly calculation of the total hours operated and gallons of fuel used in the previous 12 months for the equipment in this facility.  This is a violation, and a multi-media inspection of the facility was conducted on 2/5/13.


Date: 4/2/13
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty involving HHLP Bulfinch Associates, LLC for Waste Site Cleanup violations at 107 Merrimac Street in Boston. HHLP Bulfinch Associates, LLC, which is based in Philadelphia, failed to report - as soon as possible but within two hours - a release of 260 gallons of diesel on 9/21/12. The company must prepare and submit to MassDEP a revised Oil and Hazardous Material Release Reporting and Response Plan to be followed by its employees in the event of future release incidents.  The company will pay $20,000 within 30 days, with the remainder suspended contingent upon the company's compliance with the terms, and imposes stipulated penalties of $1,000.00 per day for any future violations.


Date: 4/2/13
municipality: ['Boylston', 'Ludlow']
Text:
  MassDEP issued a $16,137.50 Penalty Assessment Notice to Safe Environment of America, Inc. for Asbestos violations in Boylston. Safe Environment of America, Inc., which is based in Ludlow, violated the Asbestos regulations during the removal of asbestos-containing transite panels from the exterior of a former gasoline station located on Shrewsbury Street in Boylston. During an inspection, MassDEP found dry, uncontained asbestos-containing transite panels shattered and strewn about on the ground at the site.  


Date: 4/1/13
municipality: ['Westfield']
Text:
  MassDEP has entered into a Consent Order with a $1,500 Penalty involving Pro Automotive Repair, Inc. for Hazardous Waste, and Industrial Wastewater Management violations in Westfield. A MassDEP inspection conducted at the facility revealed that the company was not complying with the storage requirements for hazardous waste, had failed to notify MassDEP regarding its change of status from very small quantity generator to small quantity generator of waste oil, had failed to notify MassDEP regarding its waste oil space heaters, and had failed to submit a one-time certification for its industrial wastewater holding tank. The company has agreed to address hazardous waste management and industrial wastewater violations at its Westfield facility.  As part of a consent agreement, Pro Automotive Repair, Inc. has agreed to pay a $750 of the Penalty with the other $750 suspended pending compliance with the Order.


Date: 3/31/13
municipality: []
Text:
  MassDEP issued notices of noncompliance (NONs) to a total of 21 commercial printing facilities that failed to submit their environmental results program (ERP) compliance certifications to the agency by 9/15/12, as required. These 21 were among the 100 medium and large printers whose annual certifications were due on that date, but did not file in spite of MassDEP mailing them two reminder post cards. The agency gave these businesses 30 days to return to compliance. Roughly half of these have responded so far. The purpose of an ERP certification is to demonstrate that a printing company has evaluated its environmental practices and put systems in place to maintain compliance with state air pollution control and hazardous waste management regulations.


Date: 3/29/13
municipality: ['New Bedford']
Text:
  MassDEP issued a Unilateral Order to Watermill Group, LLC, of New Bedford for Air Quality (Asbestos) violations. The company was found to be creating a condition of air pollution in violation of regulations. Today's' Order requires that Watermill Group cease demolition activity that is contributing to a condition of air pollution and submit  a plan to MassDEP that will bring the site back into compliance.


Date: 3/28/13
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving the town of Montague in connection with an August 2012 dredge project undertaken by the town of Montague.   The work extended beyond the area approved in the order of conditions (permit) and included the placement of fill on a bank and access to the river at a location other than the approved location.  The entire penalty of $4,000 will be suspended provided the required restoration is completed.  The town's contractor, Renaissance Excavating, Inc. has also entered into an Order with MassDEP in connection with this matter.   


Date: 3/26/13
municipality: ['Beverly']
Text:
  MassDEP entered into a Consent Order with a $30,860 Penalty involving Utility Park Condominium Trust for Waste Site Cleanup violations at 103-105 Elliot Street in Beverly.  Cynthia Modugno is trustee of Utility Park Condominium Trust, and the Trustee of the Condominium Trust property located at 103-105 Elliot Street in Beverly.  Specifically, violations were for failure meet deadlines set out in a Notice of Noncompliance issued 11/15/11.  Today's Order requires an immediate response action status report or, an IRA completion statement by 6/15/13 and sampling to demonstrate the risk of harm from the site has been evaluated.  Today's Order requires the payment of a $4,000 of the Penalty with the remaining $26,860 suspended. In addition there is a stipulated penalty provision for any missed deadlines.


Date: 3/25/13
municipality: []
Text:
  MassDEP issued a Boil Water Order to Uncle Larry's Tavern as a result of receipt of sampling results, indicating e.coli (fecal bacteria) in the system's raw water.  While no e coli or coliform bacteria was found in the finished water, and this system does disinfect with chlorine, nevertheless, since, this system does not have 4-log virus removal, a boil water order must be issued pursuant to the Groundwater Rule.


Date: 3/25/13
municipality: []
Text:
  MassDEP issued a Boil Water Order to Chateau Harmony as a result of receipt of sampling results indicating e.coli in the system's raw water.  Although the system disinfects with ultraviolet, it does not have 4-log virus removal, therefore a boil water order was issued pursuant to the Groundwater Rule.


Date: 3/25/13
municipality: []
Text:
  MassDEP issued a Boil Water Order to the North Egremont Store as a result of receipt of sampling results indicating e.coli in the system's raw water.  Although the system disinfects with ultraviolet, it does not have 4-log virus removal, therefore a boil water order was issued pursuant to the Groundwater Rule.


Date: 3/25/13
municipality: []
Text:
  MassDEP and the Cherry Valley and Rochdale Water District entered into a Consent Order (ACO) to achieve and maintain compliance with the requirements of the Drinking Water regulations.  Today's Order supersedes a previous document executed on 5/4/12, and provides an up-dated enforceable schedule for the development of a long-term plan to provide a permanent solution for the system to assure compliance with the surface water treatment rule, disinfection by-product rule, arsenic and secondary contaminant levels, and treatment technique requirements.  This action will ensure that the approximately 3,765 residents served by this Public Water Supply will have a reliable source of water that is safe and fit to drink.


Date: 3/25/13
municipality: ['Fitchburg', 'Haverhill']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Absolute Environmental Contractors, Inc. for Asbestos violations in Fitchburg. Absolute Environmental Contractors, Inc. of Haverhill is a licensed asbestos contractor that was found during an inspection of work that the company was conducting improper asbestos removal at a former power plant site on Sawyers Passway in Fitchburg in August 2012. Under the terms of today's Order, the company agreed to the Penalty and will comply with all applicable regulations in the future.


Date: 3/25/13
municipality: ['Waltham']
Text:
  MassDEP executed a Consent Order with an $11,500 Penalty involving BP Reservoir Place, LLC, for Waste Site Cleanup violations at 1601 Trapelo Road in Waltham.  Specifically, BP Reservoir Place failed to report a 7/28/12 release of an estimated 100 gallons of diesel fuel to the environment as soon as possible, and within two hours after obtaining knowledge of the release. Today's Order requires BP Reservoir Place, LLC to prepare and submit a MassDEP Oil and Hazardous Material Release Reporting and Response Plan to be followed by its employees in the event of future release incidents.  The company has agreed to pay $5,000 of the Penalty with the remaining $6,500 suspended contingent upon the company's compliance with the terms of the Order. Today's Order also imposes stipulated penalties of $1,000.00 per day for any future violations.3/25/13


Date: 3/22/13
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving East Coast Comfort, LLC, for Asbestos violations observed at 155 Maple Street in Framingham. MassDEP responded to a complaint from the Framingham Board of Health and Mass. Division of Occupational Safety regarding improper asbestos removal at 155 Maple St in Framingham, where they had improperly removed and handled asbestos containing materials in the basement of the building.  As a result of the violation, the company will pay $1,000 and $29,100 will be suspended for a period of two years. In addition, the company has agreed to attend an "Asbestos Associated Project Workers" course with 60 days. The small business policy was utilized to reach this agreement.


Date: 3/22/13
municipality: ['Millville']
Text:
  MassDEP issued a Do Not Drink Unilateral Order to Mark C. Duffy as owner of public water system in Millville.  Duffy who owns and operates a public water system at 187-189 Main Street in Millville, which serves his business, Pot Belly Pub, and a tenant's business, Mill Tavern Pizza.  Samples collected from the system had shown an exceedance of the maximum contaminant level (MCL) for nitrate.  Nitrate at concentrations in the drinking water greater than the MCL - which is set at 10 mg/L - may pose an acute risk to infants under six months old.  Today's Order requires the water system to provide tier one public notice outlining the danger to infants.  Today's Order also requires this system to notify local officials, conduct additional monitoring, submit an emergency response report, evaluate potential causes of the contamination, and take corrective actions.  This action will assure the safety of the water supplied to customers at these locations.  


Date: 3/21/13
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Jayson M. LaBouef for Wetlands violations in Worcester. Jayson M. LaBouef has agreed to correct the violations of the Wetlands Protection Act that occurred during construction activities on and adjacent to his property located on Sears Island Drive in Worcester.   MassDEP observed that dredged spoils from Indian Lake were re-deposited on the Banks of the Lake and also partially within adjacent bordering vegetated wetlands (BVW).  LaBouef did not file with (as required) with the local conservation commission prior to working within a wetland resource area.  Two permanent docks within Indian Lake had also been constructed without a valid permit.  A prior Unilateral Order had initially been issued in November of 2011 requiring corrective action and submission of a restoration plan.  All requirements under that prior Order have now been completed.  Today's Order requires the owner to implement the approved restoration plan. IN addition the owner will apply for, and comply with any specific requirements if and when a Chapter 91 license for the docks constructed in Indian Lake is obtained.  Also, the owner will monitor the restored wetlands area for a period of two years; and, submit reports on this re-vegetated area as outlined.  By completing this action 1,000 square feet of bordering vegetated wetlands 80 linear feet of bank will be restored.  


Date: 3/21/13
municipality: ['Reading', 'Wakefield']
Text:
  MassDEP executed a Consent Order with a $27,520 Penalty involving Eastern Duraseal Inc for Waste Site Cleanup violations in Wakefield. William Souther is the owner of Eastern Duraseal, Inc. in Reading, and this company was overdue on filing the following submittals


Date: 3/20/13
municipality: ['Westminster']
Text:
  MassDEP entered into a Consent Order with a $150,000 Penalty involving Pinetree Power, LLC, for Air Quality violations in Westminster. The company owns and operates a wood and natural gas-fired boiler in Westminster.  The facility is also capable of burning shredded, pre-processed paper cubes, as well as landfill gas.  The facility has a rated energy input capacity of 260 million BTUs per hour, and is considered a major source of air pollution in the Commonwealth. Today's Order resolves a series of longstanding violations of the MassDEP's regulations.  These include violations of emission limits for particulate matter, ammonia, carbon monoxide, and opacity/visible emissions, as well as violations of monitoring and reporting requirements.  Today's Order requires Pinetree to come into compliance with all regulations by making substantial upgrades to its existing monitoring and air pollution control equipment.  As an integral part of these upgrades, the company is required to install current state-of-the-art air pollution control for oxides of nitrogen (NOx); and to meet a NOx emission limit that is substantially more stringent than would otherwise be required by MassDEP.  Pinetree will be one of the first wood-fired electricity generators in the country to install and operate Selective Catalytic Reduction (SCR) technology for the control of NOx, at a capital cost of approximately $5 million. The SCR technology will reduce the facility's potential NOx emissions by 125 tons per year. The installation of the state of the art SCR technology and the resulting stringent NOx emission rate will allow Pinetree to remain environmentally compliant, and economically viable to operate in Massachusetts. Under the terms of today's Order, Pinetree agrees to pay the $150,000 Penalty to the Commonwealth.  Today's Order also contains stipulated penalty provision should there be violations in the future.


Date: 3/19/13
municipality: ['Yarmouth']
Text:
  MassDEP entered into a Consent Order with a $4,025 Penalty involving the Cove at Yarmouth Resort Hotel Owners Association, Inc. in for Groundwater Discharge violations in Yarmouth. The facility violated its ground water discharge permit effluent limits. Today's Order establishes timelines for the wastewater treatment facility to come into compliance with the permit either by improving the operations to the current facility or by constructing upgrades.


Date: 3/19/13
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $4,500 Penalty involving the Borden Light Marina, Inc., for Wetlands violations in Fall River.  Today's Order involves violations that occurred at One Ferry Street in Fall River. The Marina had excavated a coastal bank and constructed a concrete block retaining wall along an approximately 630 foot length of the Marina property.  The excavation work in question was conducted after the final Order of Conditions, (the permit) which had been issued, expired. In addition to the Penalty, today's Order to BLM requires them to remove the top levels of the concrete blocks, fill and grade the area to a stable slope in accordance with a plan being reviewed.


Date: 3/18/13
municipality: ['Becket']
Text:
  MassDEP entered into a Consent Order with Jacob's Pillow Dance Festival, Inc. for Water Supply violations in Becket.  The facility had repeated exceedances of the Maximum Contaminant Level for total coliform and failure to collect the required repeat monitoring and source monitoring at is public water system in Becket.  Today's Order includes public notification requirements and response actions, including disinfection during the twelve months from March 2013.


Date: 3/18/13
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Renaissance Excavating Inc. for Wetlands violations in Montague.  MassDEP found the violations involving Renaissance in connection with an August 2012 dredge project undertaken on behalf of and under the direction of the town of Montague.   The work extended beyond the area approved in the Order of Conditions and included the placement of fill on a bank and access to the river at a location other than the approved location.  MassDEP has agreed to fully suspend the Penalty while Renaissance has agreed to host and participate in a presentation on contractor compliance and invite others in the field to attend the training.


Date: 3/18/13
municipality: ['Springfield']
Text:
  MassDEP has entered into a Consent Order with a $3,000 Penalty involving Cummins Northeast, LLC [d/b/a CNE Acquisition] of Springfield for Hazardous Waste Management violations.  An inspection, conducted on 4/9/12, of the company's facility revealed that Cummins transported waste oil to its facility from service and repairs of emergency generators and engines located off-site without prior written approval from MassDEP.  During the inspection, hazardous waste housekeeping and labeling violations were also discovered.  Cummins, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection.  As part of today's Order, the company has agreed to pay $1,500 of the Penalty.  An additional $1,500 will be suspended pending the company's compliance with the terms of today's Order.


Date: 3/18/13
municipality: ['Medford', 'Stoneham']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving Joseph Braz [d/b/a Demolition Joe] for Asbestos violations at 21 Montvale Avenue in Stoneham and 505 Main Street in Medford.  MassDEP responded to a complaint of improper asbestos removal at 21 Montvale Ave. in Stoneham and observed improper removal and handling of asbestos-containing shingles from the exterior of the building.  MassDEP also responded to a complaint of improper asbestos removal and handling at 505 Main Street in Medford, where additional improper removal and handling of a small amount of asbestos-containing shingles from the exterior of the building had occurred.  MassDEP has agreed to fully suspend the Penalty for a period of one year. The small business policy was utilized to reach this agreement.


Date: 3/18/13
municipality: ['Boston', 'Charlemont', 'Deerfield', 'Sterling', 'West Boylston']
Text:
  MassDEP entered into a Consent Order with a $49,746.50 Penalty involving Pan Am Railways and Boston & Maine Corporation relative to the management and disposal of rail ties in Massachusetts.  The settlement supersedes a previously issued Order and Penalty relative to rail tie disposal in the towns of Deerfield, Charlemont, West Boylston, and Sterling.  Today's Order amends the company's Emergency Management System as it relates to rail-tie management and requires compliance with this revised EMS.  In addition, the company agrees to the civil administrative penalty in the amount of $49,746.50.


Date: 3/14/13
municipality: []
Text:
  MassDEP issued a Unilateral Order to Patrick Page for Wetlands violations in Barnstable. At the request of the town of Barnstable Conservation Commission, MassDEP visited the site, 1780 Main Street in West Barnstable.  The local officials had called to report that Page was cutting, clearing, burning and operating a small backhoe in a bordering vegetated wetland on his property.  MassDEP visited the site and confirmed that the activity was occurring.  Today's Order requires Page to cease and desist from further activity affecting the buffer zone and/or wetland resource areas on the property. Page had received a superseding determination of applicability in February 2006. That determination confirmed the boundaries of the BVW. Page's activity was within that delineated BVW.  


Date: 3/13/13
municipality: ['Concord']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving Woods Concreteworks, LLC for Asbestos violations at 36 Brister Hill Road in Concord.  MassDEP responded to a complaint of improper asbestos removal at 36 Brister Hill Road in Concord.  The violations were observed during an inspection of the respondents work area at the site, specifically, the improper removal and handling of asbestos-containing materials in the basement of the building. MassDEP has agreed to fully suspend the Penalty for a period of two years. The small business policy was utilized to reach this agreement.


Date: 3/13/13
municipality: ['Boston']
Text:
  MassDEP executed a Consent order with Topeka Street LLC for Waste Site Cleanup violations on Topeka Street in Boston.  The specific locations were


Date: 3/12/13
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order with the town of South Hadley Fire District #1 in South Hadley. Today's Order concerns repeated exceedances of the maximum contaminant level for total coliform at this, a public water system.  Today's Order includes response actions, including disinfection during the twelve months from November 2012 through October 2013.


Date: 3/12/13
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $29,100 Penalty involving Junior Valentin for Asbestos violations at 853 Blue Hill Avenue in Boston.  MassDEP responded to a complaint of improper asbestos removal with Massachusetts Division of Labor and Safety personnel at 853 Blue Hill Ave in Boston. During an inspection of the work area, it was noted that the respondent had improperly removed and handled asbestos containing materials in the basement of the building.   As a result of the violations, Valentine will pay $500 and $28,600 will be suspended for a period of two years. The small business policy was utilized to reach this agreement.


Date: 3/12/13
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with Circle Finishing, Inc., for Waste Site Cleanup violations at a traffic circle on Route One in Newburyport. Circle Finishing, Inc. is the owner of property located at this location for waste site cleanup violations.  Specifically, the company failed to comply with the deadlines in a previous Order entered into with MassDEP on 5/7/04.  New deadlines were set in today's Order to return to compliance with the submittal of a revised phase four (i.e. remedy implementation plan) by 8/28/13 and a final response action outcome statement by 2/27/15.


Date: 3/11/13
municipality: []
Text:
  MassDEP entered into a Consent Order with a $23,000 Penalty involving the town of West Springfield. The violations concerned a reporting of water emergencies and the implementation of the town's emergency response plan.  The town will update its emergency response plan and provide training to multiple staff.  The entire penalty amount of $23,000 will be suspended pending compliance with provisions of the order.   West Springfield representatives have met with MassDEP on reporting, the plan and the training.


Date: 3/8/13
municipality: ['Holland']
Text:
  MassDEP issued a Unilateral Order to Dentamaro, Inc., a public water supplier, for Water Supply violations in Holland. The company is the owner of Diane's Villa Nova in Holland where there was a reported exceedance of the maximum contaminant level for nitrate. Today's Order includes required actions


Date: 3/7/13
municipality: ['Westhampton']
Text:
  MassDEP entered into a Consent Order with Westhampton Senior Housing, Inc. and Affordable Senior Housing regarding Water Supply compliance in Westhampton.  Westhampton Senior Housing, Inc. and Affordable Senior Housing of Westhampton, Inc. has agreed to address potential public water system status of its housing development located in Westhampton.   Today's Order addresses occupancy restrictions incorporated into the property's deed and a limit on expansion.


Date: 3/7/13
municipality: ['Springfield']
Text:
  MassDEP issued a Unilateral Order and a $24,688 Penalty to Aziz Ahmed for Waste Site Cleanup violations in Springfield.  Ahmed is the responsible party for the alleged violations at 41 Crystal Avenue.  The property, which is currently a vacant residential dwelling, was where there had been a release of heating oil in January 2009.  Ahmed has failed to conduct response actions and to submit documents detailing the required and necessary response actions. After previous issuance of a Notice of Noncompliance by MassDEP, Ahmed has failed to submit an Immediate Response Action status report or completion report by MassDEP within the established deadline.  In addition, Ahmed has failed to submit a tier classification or final response action outcome statement detailing site closure by the specified deadline. Today's Order now requires Ahmed to conduct the necessary cleanup along with paying the Penalty.  


Date: 3/6/13
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with a $13,596 Penalty involving Cisco Brewers, Inc. for Wastewater violations at 5 Bartlett Farm Road in Nantucket. Today's Order was signed this week for Cisco Brewers for violations of Title 5 (septic system) regulations and the wastewater reuse regulations.  Today's Order requires Cisco to remove a greenhouse constructed over the facility's soil absorption system (SAS) and to upgrade the on-site sewage treatment and disposal system if Cisco wants to continue to grow food crops over the SAS.  Under today's Order, half of the Penalty or $6,798 is suspended in accordance with the small business policy.


Date: 3/6/13
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Cyn Oil Corporation for Hazardous Waste Transporter violations in Stoughton. MassDEP conducted a single-media inspection and review of manifests retained on-site, compared to electronic manifest reports submitted to MassDEP. This would reveal that Cyn Oil Corporation, a licensed hazardous waste transporter failed to provide accurate and complete electronic manifest reports.  Today's Order ensures compliance with the Hazardous Waste Regulation requirements.


Date: 3/6/13
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $40,000 Penalty involving South/Win, Limited, for Waste Site Cleanup violations in Leominster. The company, which is based in Reidsville, North Carolina, will resolve violations resulting from a 12,000 gallon methanol release at its Leominster facility on 3/7/11. In addition, MassDEP found during subsequent inspections conducted in April and June 2011, other violations.   This incident has since been closed out with a final Response Action Outcome statement.  Immediately following the release, Environmental Crimes Strike Force staff from the Attorney General's Office investigated the case.  Two subsequent inspections were also conducted, revealing numerous Hazardous Waste Management and Air Pollution Control violations, including


Date: 3/1/13
municipality: ['Windsor']
Text:
  MassDEP entered into a Consent Order with Friendly Fred's for Water Supply violations in Windsor.  Today's Order concerns repeated exceedances of the maximum contaminant level for total coliform at this a public water system in Windsor.  Today's Order includes specific response actions, including disinfection in the event of an additional MCL violation during the next twelve months.


Date: 3/1/13
municipality: ['New Marlborough']
Text:
  MassDEP entered into a Consent Order with Gedney Farm for Water Supply violations in New Marlborough. Today's Order followed the repeated exceedances of the maximum contaminant level for total coliform at this a public water system in New Marlborough. Today's Order also includes specific response actions, including disinfection in the event of an additional MCL violation during the next twelve months.


Date: 3/1/13
municipality: ['Lanesborough']
Text:
  MassDEP entered into a Consent Order with V's Dog House for Water Supply violations in Lanesborough.  MassDEP concluded today's Order for repeated exceedances of the maximum contaminant level for total coliform at this, a public water system in Lanesborough.  Today's Order also includes specific response actions, including disinfection in the event of an additional MCL violation during the next twelve months.


Date: 2/28/13
municipality: ['Lakeville']
Text:
  MassDEP executed a Consent Order with an $8,970 Penalty involving Island Terrace Nursing Home (d/b/a Island Terrace, Inc.), for Groundwater Discharge violations in Lakeville. MassDEP found the operator of Island Terrace was discharging untreated wastewater without a permit as required. This facility was permitted and constructed prior to 1995 (approx. 1960). When the original septic system failed after 1995, the original design flow for this 77 bed Nursing Home was 7,700 gallons per day (gpd) based upon a nursing home bed design flow of 100 gpd per bed. The discharge is located in the protective zone of a public water supply well and a protective zone around a surface water supply. Island Terrace, Inc will inspect all of the on-site septic systems and hire an engineer to begin the design of a new innovative alternative wastewater treatment facility. MassDEP has agreed to suspend the entire penalty amount pending compliance.2/28/13


Date: 1/31/13
municipality: ['Sterling']
Text:
  MassDEP executed an Administrative Consent Order with the Trustees of the Chocksett Crossing Condominium Trust to correct violations of its Ground Water Discharge permit occurring in Sterling. Today's Order requires the permit holder to submit a written report prepared by an independent wastewater treatment specialist describing the steps needed to correct operational issues at the facility, and a proposed schedule for physical upgrades to the plant to bring the discharge into compliance. Once approved, this schedule shall be incorporated into the enforceable terms of today's Order. The permit holder must also submit, for approval, a service contract with a licensed treatment plant operator for future operation and maintenance of the facility. This action will result in the safe and proper treatment of 9,900 gallons per day of wastewater.1/29/13


Date: 12/30/14
municipality: ['Plainfield']
Text:
  MassDEP entered into a Consent Order with Earthdance Creative Living Project, Inc. for Water Supply violations in Plainfield. Earthdance Creative Living Project, Inc. must address repeated incidents of excess levels of total coliform bacteria above the maximum contaminant level. Today's Order includes the requirement to obtain a permit for a disinfection system and to install it.


Date: 12/30/14
municipality: []
Text:
  MassDEP was informed that Suffolk Superior Court had concluded a Consent Judgment involving the Commonwealth against Chaouki Sarkis (Sarkis) and Emerald Auto Sales and Service, Inc. (Emerald Auto) for violations of the Massachusetts Clean Air Act and the Massachusetts Hazardous Waste Management Act. Acting on information mined from the Vehicle Inspection Database (VID), Environmental Strike Force and the Inspection and Maintenance Program of BWP investigated and documented the issuance of 49 fraudulent vehicle safety and emission inspection stickers.  The fraud was committed by substituting passing vehicles for inspection in order to generate a passing inspection sticker for the vehicles that did not pass inspection. One licensed inspection and maintenance inspector, employed by the facility, was found to be involved in the issuance of the fraudulent inspection stickers. In addition, hazardous waste management violations were identified during the inspection of this facility. The facility owner agreed to pay a $14,000 penalty and agreed that if it did not comply with the terms of the Consent Judgment, the Massachusetts Registry of Motor Vehicles could suspend its ability to conduct inspections for 60 days; in addition to the 120 days the stations had already been suspended from the ability to perform inspections.


Date: 12/30/14
municipality: ['Woburn']
Text:
  MassDEP executed a Consent Order with $16,360 Penalty involving Herley Industries, Inc. for Hazardous Waste and Air Quality violations at 10 Sonar Drive in Woburn. MassDEP had inspected Herley Industries, Inc. on 9/12/14 and found violations including storing of hazardous waste over 180 days, improperly labeled hazardous waste containers, incompatible hazardous waste storage, unknown waste containers, lack of hazardous waste training, and failure to keep monthly volatile organic compound (VOC) emission records.  Herley Industries, Inc. has cooperated and taken steps to bring the facility back into compliance. Herley will pay $10,000 of the Penalty with the remaining $6,360 suspended for one year provided the company remains in compliance.


Date: 12/30/14
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with GGK Realty, LLC, for Waterways violations in New Bedford.  GGK Realty will restore a blocked perimeter public access way at The Edge Restaurant (formerly Davy's Locker Restaurant) in New Bedford. The perimeter public access way is required by a Waterways license for this site, and it had been blocked by the placement of a jersey-barrier by the property's previous owner. Today's Order requires the current owner to remove the barrier and post public access signage within 10 days.


Date: 12/29/14
municipality: ['Petersham']
Text:
  MassDEP entered into a Consent Order with John Anderson d/b/a Quabbin Woods Restaurant for Water Supply violations in Petersham.  Quabbin Woods Restaurant must address repeated instances of excess levels of total coliform bacteria, above the maximum contaminant level. Today's Order includes the requirement to take certain response actions, including disinfection should an additional instance occur within the next twelve (12) months.


Date: 12/26/14
municipality: ['Rutland']
Text:
  MassDEP issued a Unilateral Order to Brice Estates, Inc. for Wetlands violations in Rutland.  Today's Order requires Brice to stop alteration of wetland resource areas occurring at their subdivision construction project called Brice Lemon Estates, located in Rutland. MassDEP observed alteration of River Front areas and failure to adhere to a Superseding Order of Conditions. Today's Order further requires that the owners stop work in wetlands resource areas, prevent any further violations of the Wetlands Protection Act, and hire a wetlands specialist to evaluate the extent of wetlands alterations and develop a restoration plan for MassDEP's review and approval.  Today's action will stop further damage and result in restoration of the wetland resources on site.  Additional enforcement with penalty assessment is anticipated.


Date: 12/24/14
municipality: ['Adams']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving MJD Real Estate, LLC, for Waste Site Cleanup violations in Adams. The LLC is the owner and/or operator of the property at 115 Howland Avenue in Adams. Specifically, violations were failure to meet deadlines set in a notice of noncompliance dated 11/29/12, which required the LLC to submit either a tier classification (permit to continue cleanup) or a final response action outcome (no further action) statement by 2/28/13.  Today's Order now requires submittal of a 'financial inability' application by 12/31/14. If financial inability status is denied, MJD must submit a tier classification submittal or permanent solution within 90 days of MassDEP's denial.  If MJD does not submit the required application then they must submit a tier classification or permanent solution statement by 3/31/15.  Further, the full Penalty will be suspended as long as MJD complies with the terms of the Order which also contains a stipulated penalty provision for any missed deadlines.


Date: 12/22/14
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent order with Quabbin Regional School District for Water Supply violations in Hardwick. Quabbin Regional School District will address repeated incidents in which the maximum contaminant kevel was exceeded for total coliform bacteria at Hardwick Elementary School, a non-transient non-community public water system. Today's Order includes response actions should additional incidents occur.


Date: 12/22/14
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Hampden Fence Supply for Hazardous Waste Management violations in Agawam. During an unannounced inspection conducted on 6/2/14, MassDEP discovered that the facility had exceeded the 180-day storage time limit for hazardous wastes accumulated at its facility; failed to conduct weekly inspections of the hazardous waste accumulation area; and, did not have a complete operations and maintenance manual for its industrial wastewater pretreatment system.  As part of the settlement agreement, Hampden - which cooperated with MassDEP and responded quickly to address the violations - will pay $6,000 of the Penalty with the remaining $1,500 suspended pending Hampden's compliance with the terms of the agreement.


Date: 12/22/14
municipality: []
Text:
  MassDEP Commissioner, David Cash, issued a Final Decision in the case involving James Ficociello, DDS. The final decision affirmed the Unilateral Order and Penalty Assessment Notice which were appealed by Ficociello.  MassDEP Environmental Strike Force (ESF) determined that Ficociello was in violation of several environmental laws and regulations including discharging dental wastewater (an industrial wastewater) to a septic system (Title 5) and not a properly maintained amalgam separator. Also, the respondent was found to be not using the proper line cleaner to clean and maintain the vacuum lines, and for falsely certifying that a non-oxidizing treatment or cleaner with a pH between 6.5 and 9.0 in use at the dental facility. Besides requiring that the facility correct the violations the $27,875 Penalty was affirmed in the final decision. MassDEP's Environmental Strike Force was instrumental in investigating the case.


Date: 12/18/14
municipality: ['Sandwich']
Text:
  MassDEP entered into a Consent Order with DAE Realty Trust for Waste Site Cleanup violations at 182 Route 6A in Sandwich.  DAE is the owner of the site where there had been a release of petroleum to the groundwater first identified in 1988.  DAE is an 'eligible person' under the Massachusetts Contingency Plan (MCP) that purchased the property in April 2006.  DAE did not comply with the eligible person's provision of the MCP and has sought to establish new deadlines. New deadlines have been negotiated that will complete the necessary response actions at the site.  


Date: 12/17/14
municipality: ['Lee', 'New Bedford']
Text:
  MassDEP issued a Unilateral Order and a $30,860 Penalty Assessment to Henry Lee, 271 County Street, New Bedford, Lee failed to conduct response actions at the commercial property he owns at 271 County Street in New Bedford. Lee's property is a former gasoline service station.  In 1993, leaking underground storage tanks were removed from the site and MassDEP was notified of the release.  Lee initially retained the services of a Licensed Site Professional to conduct response actions at the site (as required); however, Lee then stopped conducting response actions at the site and has failed to file a permanent solution statement with MassDEP. In May of 2013, MassDEP issued Lee a notice of noncompliance, requiring Lee to continue response actions at the site. Lee has not complied with the NON.   


Date: 12/16/14
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with Massachusetts Department of Transportation (DOT) facility, number 106, in Plymouth. As owner of the Highway Division's facility on Obery Street in Plymouth, the DOT entered into a Consent Order to extend deadlines established in a Notice of Noncompliance issued by MassDEP relative to cleanup of elevated levels of petroleum and metals in fill material, soil, a condition that was addressed in1997.  MassDEP's audit of the site in 2014 found violations in the maintenance of activity and use limitations (AUL) at the property. MassDOT requested additional time to survey the property and record an AUL at the Registry of Deeds.  In addition, MassDOT agreed to repair cracks and breeches in pavement within the AUL area that were observed during MassDEP's audit inspection of the property.


Date: 12/12/14
municipality: []
Text:
  MassDEP entered into a Consent Order with the city of Easthampton to address repeated incidents of elevated levels of total coliform bacteria beyond the maximum contaminant level. Today's Order includes response actions should additional incidents occur.


Date: 12/10/14
municipality: ['Essex']
Text:
  MassDEP entered into a Consent Order with a $20,850 Penalty involving G.B.G. Crowley, Inc., for Underground Storage Tank, Air Quality (vapor recovery) and Hazardous Waste Management violations at 152 Western Avenue in Essex. The site was randomly chosen by the MassDEP which inspected the facility on 8/13/13. A Notice of Noncompliance was issued on 10/19/13 for violations found. After not receiving a response to the NON, MassDEP conducted a follow-up inspection on 5/21/14, and the inspection showed the facility remains in continued noncompliance with MassDEP's Underground Storage Tank, Air Quality (vapor recovery) and Hazardous Waste Management regulations. Today's Order now requires G. B. G. Crowley, Inc. to pay $6,000 of the Penalty, correct all the violations and remain in compliance with the requirements. MassDEP will suspend $14,850 of the Penalty under the Small Business Policy if the company remains in compliance.   


Date: 12/9/14
municipality: ['Belchertown']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Pine Valley Plantation Cooperative Corporation for Water Supply violations in Belchertown. Pine Valley Plantation Cooperative Corporation is required to address repeated incidents of excess allowed withdrawal from its sources.  Today's Amendment includes leak detection and repair, conservation and other measures, documentation of those actions and specific response actions if additional incidents occur.


Date: 12/9/14
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with a $2,900 Penalty involving Herb Chambers for Underground Storage Tank violations at the Cambridge Street, Inc./Audi Burlington location at 62 Cambridge Street in Burlington. Randomly chosen by MassDEP's program, the initial inspection of the facility on 7/24/14 resulted in the issuance of a notice of noncompliance (NON) for underground storage tank violations.  The respondent failed to respond to the NON.  MassDEP again inspected and followed-up on the aforementioned NON on 6/23/14. The inspection showed the dealership is in continued noncompliance with the regulations.  Today's Order now requires Herb Chambers Cambridge Street, Inc./Audi Burlington to pay the $2,900 Penalty, to correct all violations and remain in compliance with the requirements.


Date: 12/5/14
municipality: ['Norwell']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving R&H Discount Cleaners for Waste Site Cleanup violations at 507 Washington Street in Norwell. There had been a release of chlorinated solvent to the groundwater at this site. In April 2012, MassDEP issued R&H a Notice of Noncompliance (NON) for having failed to complete the response actions in a timely manner as specified in the Massachusetts Contingency Plan.  R&H did not comply or respond to MassDEP's NON.  Today's Order now establishes negotiated timelines for completion of work at the site and contains a $7,500 Penalty for failing to responded to MassDEP's original NON. 


Date: 12/5/14
municipality: []
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving Suffolk Construction Co., for Waste Site Cleanup violations at Logan Airport, 6 Tomahawk Drive, in East Boston. Suffolk. Specifically, Suffolk failed to report a 7/2/14 release of approximately 80 gallons of non-PCB mineral oil dielectric fluid (MODF) at a demolition site at Logan Airport as soon as possible, and within two hours of obtaining knowledge of the release. This represents a violation of Massachusetts General Laws Chapter 21E and the Massachusetts Contingency Plan. Today's Order now requires Suffolk to pay the $8,630 Penalty within 30 days, and also imposes stipulated penalties of $1,000 per day for any future violations of the Order.


Date: 12/2/14
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with an $11,296 Penalty involving Holmed Corporation for Water Pollution Control and Hazardous Waste violations in Easton. Holmed approached MassDEP regarding an unpermitted industrial wastewater discharge to a title five (septic system) subsurface disposal system.  A subsequent inspection revealed minor hazardous waste management violations, in addition to the unpermitted discharge to the groundwater of the Commonwealth.  The total penalty is $11,296.


Date: 12/1/14
municipality: ['Canton', 'Framingham', 'Lawrence', 'Waltham']
Text:
  MassDEP's Environmental Strike Force (ESF) assisted the Office of the Attorney General in the investigation of National Water Main of Canton. The investigation arose out of a whistleblower lawsuit filed in Norfolk Superior Court in 2012. The investigation by ESF found that National Water Main brought materials back to its Canton location that were removed from sewer lines and holding tanks. The material was dumped on the ground and into an illegal underground holding tank that leaked the contents to the ground resulting in a discharge of pollutants to the groundwater. National Water Main also cleaned their trucks and the contents of the trucks at the Canton site, without collecting the wastewater and disposing it at a wastewater treatment facility resulting in other Clean Water Act violations. In addition, by not disposing of the sewage and wastewater properly National Water Main violated the Massachusetts False Claims Act in connection with contracts it held with Waltham, Framingham and the Boston Water and Sewer Commission (BWSC), in the act of billing those entities for work, the company did not perform the proper disposal of the waste. Under the terms of the settlement, NWMC will pay $405,000 to resolve the allegations it violated the state's False Claims Act and $250,000 in civil penalties to resolve allegations it violated the Massachusetts Clean Waters Act. As to the latter of these two Penalty amounts, $75,000 will be paid to the Massachusetts Natural Resource Damages Trust. NWMC will also be required to impose revised protocols concerning proper waste disposal and to provide environmental compliance training for its employees. Investigative and technical assistance on the Clean Waters Act components of the case involved extensive involvement of MassDEP's ESF team members and the MassDEP's Wall Experimental Station in Lawrence.   


