# MADEP_enforcement

Date: 9/8/10
municipality: ['Ashby']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding Janet P. and Elwin C. Shepherd, III for Wetlands violations on Jewett Hill Road in Ashby. MassDEP inspected the site at the request of the Ashby Conservation Commission, and observed that land-clearing activities taking place on the property resulted in the alteration of bordering vegetative wetlands and stream bank. In addition to the Penalty, today's Order requires implementation of a MassDEP approved restoration plan that includes placement of erosion controls, a planting schedule, and a final evaluation report to verify the success of the plantings. This action will result in the restoration of 2,500 square feet of bordering vegetative wetlands and 50 linear feet of stream bank.


Date: 9/8/10
municipality: ['Shrewsbury']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty regarding Price Chopper Operating Co. of Massachusetts, Inc. for Wetlands violations at 731 Boston Turnpike in Shrewsbury. MassDEP found during an inspection of the property that violations occurred during construction of a new supermarket including the discharge of silt-laden runoff and a lack of effective erosion and sedimentation controls at the site. These activities also occurred in violation of a local approval as issued by the Shrewsbury Conservation Commission. The company has agreed to continue the implementation of the erosion control plan required in the initial approval, and to implement an approved wetland restoration and mitigation plan. The plan includes drainage improvements, wetland replication activities, plantings, and sediment removal from an adjacent stream. In addition to the Penalty, today's Order contains a stipulated penalty provision should there be any future violations. This action will result in the restoration of a total of 10,000 square feet of bordering vegetative wetland.9/8/10


Date: 9/7/10
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty regarding Forty-Second, LLC, for Waste Site Cleanup violations at 70-92 Boston Street in Salem. This site is the former Flynn Tannery which currently Forty Second, LLC is the owner and/or operator of said property. . The specific Waste Site Cleanup violations were failure to meet deadlines established in a previous notice of noncompliance that MassDEP issued on 12/ 3/08. Under the terms of today's Order, Forty-Second LLC is required to submit an Immediate Response Action status report by 9/15/10; a phase three remedial plan selection by 4/30/11; a phase four remedial implementation plan by 1/30/12 and a response action outcome statement by 1/30/13. The company has been awaiting permits from the city of Salem and a decision regarding real estate that will be taken to re-route Bridge Street. The company will pay $5,000 of the Penalty with the remaining $25,000 of the Penalty suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.


Date: 9/3/10
municipality: ['Gloucester']
Text:
  MassDEP issued a Unilateral Order to Robert Chatwood for Wetlands violations at 654R Essex Avenue in Gloucester. Previously, on 5/21/10, MassDEP issued approval (a superseding order of conditions) to Chatwood for the demolition of a collapsed structure and limited clearing of vegetation. Chatwood had previously begun work without receiving any authorization. The site in questions contains bordering vegetated wetland and an Intermittent Stream. On 8/24/10, MassDEP staff conducted an inspection of the property and found that boulders were being moved within the intermittent stream and there had been digging in the channel. This activity is not permitted. On 8/27/10, 8/31/10, and 9/2/10, MassDEP received telephone and email complaints alleging that trees were being cut within the BVW and a backhoe was being used to remove vegetation within the BVW. This work is not permitted. Today's Order requires that all work in wetlands jurisdiction that is not approved, cease immediately. Additional enforcement is anticipated.9/2/10


Date: 9/1/10
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with an $8,630 Penalty regarding Quality Care Auto Repair, LLC, for Waste Site Cleanup violations at 556 St. James Avenue in Springfield. Hasapall Mohamed as operator of the former Quality Care Auto Repair Facility, failed to notify MassDEP within 2 hours of a 35-gallon release of waste oil that occurred at the site on 7/15/09 approximately 7


Date: 8/31/10
municipality: []
Text:
  MassDEP issued a Unilateral Order to National Grid Transmission Services and New England Power (two entities) for Wetlands violations at the West Amesbury Substation on 102 Middle Street in Amesbury. MassDEP found that work being conducted on the property (under a permit or order of conditions issued by the local conservation commission) had instead resulted in wetlands violations. These included slope failure and ongoing sedimentation to nearby resource areas. These violations occurred in parts as a result of inadequate stormwater controls. MassDEP staff inspected the site on 8/25/10 to observe new activities being implemented on the property at the direction of the local approving authority (the conservation commission). MassDEP found inadequate stormwater controls and siltation controls had resulted in sediment being eroded from denuded areas of the site and further this caused alteration of bordering vegetated wetlands, bank, riverfront area and land under a waterway (a perennial stream known as Presbus Creek). Today's Order requires an immediate cease and desist of all work and implementation of site stabilization. Additional enforcement is anticipated.


Date: 8/27/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding New England Builders Contractors & Traders, Inc. for Air Quality violations at Framingham State College's Whittemore Library. During an inspection of Framingham State College's Whittemore Library, MassDEP personnel determined the NE Builders was performing demolition and renovation activities in a large portion of the library, despite having failed to notify MassDEP of the foregoing activity as required by the regulations. As a result of the violation observed, NE Builders has agreed to pay $500 and the sum of $500 will be suspended pending compliance for period of one year.8/25/10


Date: 8/25/10
municipality: ['Arlington']
Text:
  MassDEP entered into a Consent Order with a $28,875 Penalty involving the town of Arlington for Water Pollution Control violations. Today's Order was executed in response to recurring sewer system overflows (SSO's) from the town's sewer system. Under the terms of the Order, the town will implement a program to identify and remove infiltration and inflow sources to the sewer system that will help address these SSO's. The town has agreed to pay $5,000 of the Penalty with the balance ($21,875) to be suspended, pending satisfactory completion of the work required.


Date: 8/24/10
municipality: ['Marshfield']
Text:
  MassDEP entered into a Consent Order with a $12,700 Penalty involving Robert E. Arsenault for Asbestos violations at 50 Cove Street in Marshfield. MassDEP found that Arsenault failed to submit proper notification to MassDEP for removal of asbestos containing material and thereafter failed to use proper work practices during the removal. MassDEP has agreed to suspend the Penalty provided the homeowner does not violate any provision, or violate any of the regulations cited in the order within one year.


Date: 8/24/10
municipality: []
Text:
  MassDEP entered into a Consent Order with $23,070 Penalty involving Absolute Environmental Inc. for Asbestos violations at an area adjacent to the Methuen landfill. MassDEP personnel responded to a complaint of improper waste storage and handling of asbestos at a location adjacent to the Methuen landfill. At the time of the initial inspection MassDEP personnel could not gain entry into the trailer. MassDEP subsequently determined that the location was being utilized by Absolute - a licensed asbestos abatement company - to consolidate asbestos waste in said trailer. As a result of the violations observed at the site, Absolute will pay $6,000 with the remaining $17,070 suspended pending compliance for a period of one year.8/23/10


Date: 8/23/10
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with Cypress Properties for Waste Site Cleanup violations at 5 Cypress Drive in Burlington. Cypress Properties is the owner and/or operator of the property where there has been a failure to meet cleanup deadlines established by MassDEP in a Notices of Noncompliance issued on 6/16/10. Today's Order requires a phase two assessment report by 12/30/10, a phase three remedial alternatives analysis by 2/28/11 and implementation of that plan or phase four by 4/30/11. A final response action outcome statement is due by 4/30/12. Today's Order contains a stipulated penalty provision for any missed deadlines.8/23/10


Date: 8/23/10
municipality: ['Pittsfield']
Text:
  MassDEP issued a Unilateral Order to CSX Transportation, Inc. and Consolidated Rail Corporation (separately) for Wetlands violations in Pittsfield. MassDEP issued the Order for the improper covering, testing and disposal of rail ballast placed by CSX at a facility operated by the company in Pittsfield. Approximately 1,000 cubic yards of material had been brought to the site from another CSX site and placed for eventual spreading as fill. The area where the fill was placed and spread, however, is in the flood plain of the Housatonic (bordering land subject to flooding) represented a violation of the Wetlands Protection Act. Consolidated is the owner of the property where CSX had brought the fill.


Date: 8/20/10
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Alireza Nowrouzi as trustee of Pine Street Realty Trust for Waste Site Cleanup violations at 266 Moody Street in Waltham. The Trust is the owner and/or operator of the property where violations involved the failure to meet cleanup deadlines established in notices of noncompliance issued by MassDEP on 2/11/10 and 2/23/10. Today's Order requires a phase two assessment report by 2/1/11 and a phase three remedial alternatives analysis by 4/1/11 and a selection and implementation of cleanup plans by 7/1/11 with a final response action outcome by 10/1/12. Today's Order requires a $5,000 Penalty with $25,000 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.8/18/10


Date: 8/17/10
municipality: ['Westport']
Text:
  MassDEP executed a Consent Order with a $9,750 Penalty involving William Devine, as trustee of Atlantic Realty Trust, for Wetlands violations in Westport. The Trust violated the coastal dune performance standards of the Wetlands Protection Act by constructing a stairway and walkway on a coastal dune of a barrier beach without proper notification or approval. Today's Order requires that the stone stairway and stone dust walkway be removed by 9/30/10. Devine agreed to pay $6,000 of the Penalty with the remaining $3,750 suspended pending the removal of the structure.


Date: 8/17/10
municipality: ['Orleans']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving the Orleans Marketplace, LLC, for Water Pollution Control violations at 130-136 Route 6A in Orleans. The owner failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the state septic system/groundwater discharge state regulations. This facility had previously received a notice of noncompliance in 2005 for failing to inspect this system.


Date: 8/17/10
municipality: ['Norwell']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving the Federal Realty Investment Trust/Queen Anne's Plaza for Water Pollution Control violations at 10 Washington Street in Norwell. MassDEP found that the Trust failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater. The facility had previously received a notice of noncompliance in 2005 for failing to inspect the system.


Date: 8/17/10
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving 180 Church Street, LLC, for Waste Site Cleanup violations in Lowell. The LLC is the owner of the property where there was a failure to meet certain deadlines that MassDEP established in a Notice of Noncompliance issued on 5/ 22/09. Today's Order now establishes specific deadlines for the submittal of a phase two (assessment) report, and if necessary, a phase three and four cleanup reports and final statement. In addition to the $5,000 Penalty there is a provision for stipulated penalties for any missed deadlines.8/17/10


Date: 8/16/10
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Order to Pleasant Valley Corporation for Water Supply violations at Pleasant Valley Country Club in Sutton. MassDEP determined that results of routine water sampling indicated levels of perchlorate above the maximum contaminant level in a public water system. The source is a well that serves the Country Club, and on 8/11/10, MassDEP verbally ordered the facility to notify the consumers about this violation, and in addition, provide instructions for safe water use. Further the owner must evaluate the cause of the contamination and take corrective actions. The verbal order was followed up with a written Order. The Order with its required actions was issued to assure the safety of this transient non-community water supply serving approximately 300 customers.


Date: 8/16/10
municipality: ['Swampscott']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving the town of Swampscott for Wetlands violations at Fisherman's and/or Blaney Beach in Swampscott. After receiving a complaint, MassDEP staff conducted two inspections and found that the town had performed work on the site consisting of bulldozing and collecting sand from portions of the beach and then moving the sand into a stockpile at the far easterly end of the beach. Such activity resulted in the filling, alteration and/or destruction of approximately 10,000 square feet of coastal beach, including 6,500 square feet in the sand removal area and approximately 3,500 square feet in the sand stockpile area. Today's Order requires the town to cease all activities to manage the beach, except some very specific minimal interim measures, until MassDEP receives and approves a Comprehensive Beach Management Plan and Schedule. Such plan must include provisions for intended beach management activities on all the beaches the town is responsible for in Swampscott. Once approved, the plan must be implemented for no longer than three years, after which time, if the town seeks to continue beach management activities, it must be approved anew by means of filing "Notice of Intent" and if approved, receiving a "Final Order of Conditions" for the work. MassDEP has agreed to completely suspend the Penalty provided it performs a Supplemental Environmental Project (SEP). Under this SEP, the town has agreed to implement a targeted public trash recycling program at this site.


Date: 8/16/10
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with a $12,565 Penalty involving the Whittier Regional Vocational Technical High School for Water Pollution Control violations in Haverhill. Today's Order includes requirements for the school to complete a wastewater management plan so that discharges from the school are properly managed and permitted. Today's Order includes a $12,565 penalty, which was suspended pending satisfactory completion of the required work.8/10/10


Date: 8/6/10
municipality: ['Petersham']
Text:
  MassDEP entered into a Consent Order with Petersham Curling Club, Inc. for Water Supply violations in Petersham. The Petersham Curling Club, Inc. must address its status as a transient public water system and take the required actions to bring this system into compliance with the Massachusetts Drinking Water Regulations.8/6/10


Date: 8/3/10
municipality: []
Text:
  MassDEP entered into a Consent Order with $15,860 Penalty involving Ganson and Nancy Purcell for Wetlands violations at their residential property at 443 Main Street in Amesbury. MassDEP issued a final Order of Conditions (to a previous owner of this land) in 1999 that permitted the construction of a new single family house, driveway, grading and utilities. However, the permit to work in the applicable resource area, which included bordering land subject to flooding (BLSF) and riverfront area (RA) of the Merrimack River, expired in 2002. The Purcells purchased the property prior to expiration of the Order of Conditions and there was no request for any certificate of compliance. In 2009, MassDEP determined the project was in non-compliance with the Order by not providing the necessary compensatory flood storage in the BLSF and not meeting the RA landscaping requirements. Today's Order requires respondent to implement an approved plan to provide compensatory storage to the BLSF and vegetation to the RA. The Purcells have agreed to pay $250 of the Penalty with $15,610 suspended pending compliance.8/3/10


Date: 7/30/10
municipality: ['Hanover', 'Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $149,010 Penalty involving the Hanover Company for Wetlands and Water Quality violations at the Lodge at Ames Pond at One Ames Hill Drive in Tewksbury. MassDEP Commissioner Laurie Burt issued today's Final Decision on the Order, which involves the Ames Pond Limited Partnership; and Hanover R.S. Limited Partnership. This case involves the construction of a 364-unit residential apartment development on 53 acres. A cease-and-desist Order was previously issued by MassDEP, but that was appealed. Today's Order settles that appeal. The violations included multiple discharges of silt- and sediment-laden stormwater at multiple locations into Ames Pond and bordering vegetated wetlands (BVW). This resulted in the deposition and alteration of 10,000 square feet of land under water, and 2,100 s.f. of BVW. These alterations were in violation of what the local conservation commission had approved. The Tewksbury con-com in response issued its own enforcement order, but additional violations ensued including the construction of an emergency roadway through a BVW temporarily altering 2,052 s.f. of BVW beyond what was permitted. This additional temporary alteration resulted in water quality violations because the cumulative total of BVW alteration for the project was beyond the threshold. Under today's Order, the parties are required to restore all BVW (4,552 s,f.) and LUW (10,000 s.f.) and long-term monitoring to ensure viability. The parties will also pay a $112,005 Penalty with $37,005 suspended after five years.7/30/10


Date: 7/30/10
municipality: ['Egremont']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty involving Thomas and Maureen Steiner for Wetlands violations in Egremont. MassDEP found the Steiners responsible for the clearing, grading, and ditching of wetland areas by their caretaker. MassDEP investigation involved analysis of color ortho-photo aerial maps taken in the years 1999, 2001, and 2005 respectively indicated that 34,551 square feet of bordering vegetated wetlands (BVW) was altered by land clearing activities. MassDEP had previously issued a Unilateral Administrative Order, requiring that the Steiners cease from undertaking activity within the BVW at the site. Today's Order requires the Steiners to submit a restoration plan and fully restore the altered BVW areas by 10/15/10.7/30/10


Date: 7/30/10
municipality: []
Text:
  MassDEP entered into a Consent Order with the Massachusetts Department of Conservation and Recreation (DCR) for Waste Site Cleanup violations on Gallops Island in Boston Harbor. ent of Conservation and Recreation (Respondent) for Massachusetts Contingency Plan ("MCP") violations at Gallops Island, Boston Harbor. The cleanup of contamination at a DCR-owned Gallops Island site was agreed to, and will be regulated by MassDEP. DCR, however, has failed to submit a phase two (or comprehensive assessment) report and a phase four (or remedy implementation) plan and a final response action outcome. Under the terms of today's Order, the DCR is schedule to meet the Waste Site Cleanup timelines with a new deadline of 2013, by which time the DCR must have met either the requirement of a final outcome or remedy operation status.7/29/10


Date: 7/29/10
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $3,405 Penalty involving Gorton's, Inc., for Industrial Wastewater violations at 127 Rogers Street in Gloucester. MassDEP found the violations during an unannounced inspection of this frozen-fish processing facility, consisting of


Date: 7/28/10
municipality: ['Somerset']
Text:
  MassDEP entered into a Consent Order with a $1,581 Penalty involving the heirs of the Estate of Myra Velozo Sonnenschein for Solid Waste violations at the Somerset Landfill in Somerset. The actions included the excavation into the cover materials of the closed and capped former town of Somerset Landfill located on property owned by heirs. Today's Order requires the heirs to pay the Penalty and to provide access to the town of Somerset for proper repair, monitoring and maintenance of the Landfill.


Date: 7/28/10
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with Willow Street Trust to extend deadlines for completion of a cleanup of a release of oil/hazardous material at 26 Willow Street in Fitchburg. The Trust has been unable to meet the regulatory deadlines but has continued to provide notices of delay. Today's Order establishes reasonable compliance deadlines to complete cleanup response actions.


Date: 7/28/10
municipality: ['Pittsfield']
Text:
  MassDEP issued a Unilateral Order to Richard Fares & Dr. Lahey's, Garden Center and Landscaping Inc. to address Wetlands violations in Pittsfield. MassDEP found that work they had undertaken involved the unauthorized excavation and filling within Sackett Brook. MassDEP received a complaint that included photographs establishing that the owner, (Fares) and operator (Lahey) were operating heavy construction equipment to relocate a section of Sackett Brook, and reconstruct the banks, and work within the riverfront area to the brook. Sackett Brook at the site is a protected cold water fishery supporting brook trout, and is stocked. The construction work was taking place without prior issuance of any authorization from the City of Pittsfield Conservation Commission as is required under the Massachusetts Wetlands Protection Act. Today's Order requires that both Fares and Lahey cease and desist from further activity at the site within Sackett Brook or the riverfront area. MassDEP will continue investigation at the site to determine what additional action, including stabilization/restoration work is needed for the area of Sackett Brook that has been impacted.7/26/10


Date: 7/26/10
municipality: ['Topsfield']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving Andrej Galika for Wetlands violations at 215 Washington Street in Topsfield. Galika owns this residential property for which the Topsfield conservation commission had issued an enforcement order for alteration of 1,000 square feet of riverfront area, and 2,000 s.f. of bordering vegetated wetland. That order specified actions and deadlines for implementation of an approved wetland resource area restoration plan. The restoration was not performed. The con-com then requested assistance from MassDEP. Under the terms of today's Order, Galika will implement the restoration plan by 10/31/10, and conduct three years of monitoring and reporting that shows the viability of that restoration. MassDEP has agreed to fully suspend the Penalty pending full compliance.


Date: 7/26/10
municipality: ['Lenox']
Text:
  MassDEP entered into a Consent Order with a $5,175 Penalty regarding the town of Lenox and Water Pollution Control violations that resulted during an overflow from the town's Brunell Avenue pump station. Flows from a March 2010 rain and snow-melt exceeded the pump station's capacity resulting in a discharge to the area around the pump station. Lenox has agreed to perform an Inflow and Infiltration study, undertake appropriate action to eliminate extraneous flows, work with its largest customer to reduce peak flows, and, if necessary, redirect flows to avoid future discharges. MassDEP has agreed to suspend the Penalty provided the town is in compliance with all requirements by 12/31/11.


Date: 7/26/10
municipality: ['Shrewsbury', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $1,150 Penalty and  involving Aaron Rudner Realty, Inc. for Surface Water Discharge violations in Shrewsbury. MassDEP found that Aaron Rudner Realty, Inc., of Worcester committed the violations at its commercial property located at 19 Boston Turnpike Road in Shrewsbury. In November 2009, MassDEP observed evidence of an illicit discharge to a municipal storm drain at this property caused by blockage of the sewer line from one of the businesses. Under the terms of today's Order, Aaron Rudner Realty agreed to commence a program of regular inspection and maintenance of the sewer line to prevent future blockages. In addition to the $1,150 Penalty, the company will also conduct a $3,450 Supplemental Environmental Project (SEP). The SEP will provide funding to the Lake Quinsigamond Commission to assist with the cost of a project for treatment of nuisance aquatic vegetation in Lake Quinsigamond and Flint Pond. This investigation will result in a reduction of pollutants entering the Tilly Brook, Lake Quinsigamond watershed.


Date: 7/26/10
municipality: ['Plainville']
Text:
  MassDEP executed a Consent Order with a $450 Penalty involving Golden Ones, LLC, for Water Supply violations in Plainville. The company owns and operates an unregistered public water system (Park Terrace Swim Club), located at 5 Berry Street in Plainville. Under the terms of today's Order, Golden Ones, LLC, which qualifies as a small business, agrees to register Park Terrace Swim Club as a public water system and take corrective actions in order to comply with Massachusetts Drinking Water Regulations.


Date: 7/23/10
municipality: ['Cambridge']
Text:
  MassDEP executed a Consent Order with a $25,000 Penalty involving Massachusetts Bay Transportation Authority (MBTA) for Waste Site Cleanup violations at its property at 21 Winter Street in Cambridge. The MBTA has failed to conduct all the required cleanup actions following three separate petroleum (gas and oil) releases at 21 Water Street in Cambridge. As owner of a bus maintenance yard on this property, the MBTA reported to MassDEP soon after it identified certain releases of oil or hazardous material on July 2, 1999, August 18, 2006 and November 24, 2008. The MBTA then failed to meet deadlines for assessment and cleanup of these releases, or spills, and has now agreed to pay $5,000 of the Penalty, while MassDEP has agreed to suspend $20,000 provided the strict deadlines over the next 16 months are met.


Date: 7/23/10
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $18,050 Penalty involving Joseph Tarasuik for Waste Site Cleanup violations at 95 Cottage Street in Lynn. MassDEP responded to a complaint of improper asbestos removal at 95 Cottage Street in Lynn. During the inspection MassDEP determined that Tarasuik removed asbestos containing insulation from the heating system at the foregoing address without notifying MassDEP and without having followed the proper work practices. Under the small business policy, Tarasuik will pay $3,000 and the remaining $15,050 will be suspended pending continued compliance with the regulations for a period of one year.7/22/10


Date: 7/21/10
municipality: []
Text:
  MassDEP was notified by the Attorney General of Massachusetts of an indictment in the case of the Commonwealth v. Loud Fuel. The company and its representative Kabraul Tasha are alleged to have failed to report a spill of gasoline. The facts, as uncovered and developed by MassDEP, which worked closely with local police and fire, revealed that Tasha failed to properly connect the gas line from his truck to fill-in ports at a gas station. Surveillance cameras from an adjacent building caught the incident on film. During the course of filling that port, approximately 50 gallons of gasoline spilled onto the ground in the alley where the ports are located. Once he became aware of the release, Tasha made some effort to contain and conceal the spill but never notified MassDEP, as required by law. MassDEP responded to the site after receiving complaints about strong fumes. Defendants, who are to be arraigned, have hired an LSP to remediate the site.7/21/10


Date: 7/20/10
municipality: ['Somerset']
Text:
  MassDEP entered into a a Consent Order with a $16,000 Penalty involving the town of Somerset for Solid Waste violations at the Somerset Landfill. The town failed to perform environmental monitoring of the landfill and failed to maintain the landfill final cover system. Under the terms of today's Order, the town has agreed to fund a $16,000 Supplemental Environmental Project, which is related to the evaluation of potential re-use of the landfill site for energy production.


Date: 7/20/10
municipality: ['Tewksbury']
Text:
  MassDEP executed a Consent Order with an $8,950 Penalty involving Thomas P. Bartolone, Jr. and Cheryl M. Bartolone for Wetlands violations at 40 Birch Street in Tewksbury. Responding to a complaint from a neighbor about heavy machinery working in a wetland, MassDEP staff investigated and found approximately 600 square feet of Bordering Vegetated Wetland (BVW) and associated buffer zone had recently been disturbed as the result of vegetation removal and grading for yard landscaping. The Bartolones had previously been issued a 'negative' determination of applicability in April 2005 by the Tewksbury conservation commission allowing the construction of a new house in the buffer zone on the property. That order, however, expired in April of 2008 and work recently continued to be performed on landscaping that resulted in the BVW alteration. Today's Order requires restoration of the BVW, stabilization of the buffer zone, and three years of monitoring. The Bartalones have also agreed to pay $750 of the Penalty, while MassDEP has agreed to suspend the remaining $8,250 pending compliance


Date: 7/16/10
municipality: ['Adams']
Text:
  MassDEP entered into a Consent Order with the Department of Conservation and Recreation for Water Supply violation at the Mount Greylock Reservation in Adams. Today's Order requires the DCR to address compliance with the Groundwater Rule following detections of e coli bacteria and a boil water order prior to closing the facility last winter. Among the requirements are emergency response plan improvements, corrective actions and steps should similar detects occur in testing again7/16/10


Date: 7/16/10
municipality: ['Hardwick']
Text:
  MassDEP issued a Unilateral Order to the Hardwick Vineyard and Winery for Water Supply violations in Hardwick. The Winery, a public water supplier, failed to submit its Emergency Response Plan checklist by the deadline. The checklist submittal is necessary to document compliance with the drinking water regulatory requirements for public water suppliers to maintain an emergency plan to address specific risks and threats.


Date: 7/15/10
municipality: ['Boxford']
Text:
  MassDEP issued a Unilateral (boil water) Order to Four Mile Village for Water Supply violations in Boxford. Four Mile Village located in Boxford detected positive water samples showing e coli in one of their two wells. The water supplier does not have adequate treatment for viruses (does not have four-log viral treatment). [The boil order was lifted on 7/17/2010, based on the results of additional sampling.]


Date: 7/14/10
municipality: ['Quincy']
Text:
  MassDEP executed a Consent Order with a $6,800 Penalty involving Robert Burk for Wetlands violations at 2 Parkhurst Street in Quincy. MassDEP had previously issued a cease-and-desist Order regarding this case. The violations included continuing work on the construction of a single family house, driveway, retaining walls/grading, stormwater management system and utilities on a coastal bank and within the resource area of land subject to coastal storm flowage (LSCSF) after the expiration date of a permit (superseding order of conditions) governing the project. Violations also include inadequate erosion /sedimentation controls, equipment storage within resource areas and unauthorized filling of LSCSF. Today's Order requires the implementation of MassDEP approved plan to restore LSCSF and to stabilize the site by completing all site work in full compliance with the plan and specifications of the expired permit. Burk has agreed to pay $2,000 of the Penalty with the remaining $4,800 suspended pending full compliance.7/14/10


Date: 7/13/10
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $16,050 Penalty involving Chad Smith d/b/a The Allison Company, for Air Quality (Asbestos) violations at 53-61 Monument Avenue in Boston (Charlestown). MassDEP attempted to conduct an inspection of the Allison Company relative to asbestos abatement work for which Allison had filed an asbestos notification form. The address given on the notification was 55 Bunker Hill Ave in Boston. MassDEP personnel determined that Allison was not working at 55 Bunker Hill Avenue in Charlestown and subsequently determined that Allison was performing asbestos abatement work at 53-61 Monument Avenue in Charlestown. MassDEP personnel inspected the abatement operations at 53-61 Monument Ave in Charlestown. During the inspection MassDEP personnel determined that Allison had not filed a notification for asbestos abatement on Monument Avenue and further that the asbestos work practices were in violation. As a result of the violations observed by MassDEP, Allison will pay $6,000 and $10,050 will remain suspended for the period of 18 months. The small business policy was utilized in reaching this settlement.


Date: 7/9/10
municipality: ['Holliston']
Text:
  MassDEP executed a Consent Order with a $3,700 Penalty involving Paul and Gasperina Enos for Air Quality and Solid Waste violations at 0 Central Street in Holliston. As owners of the property at 0 Central Street, The Enos were in violation of air quality and solid waste regulations resulting from an illegal compost facility being operated at the property. MassDEP inspected the property in December of 2008 and determined that an unregistered commercial compost facility was being operated on the property causing offensive odors at abutting residential properties. The Enos have agreed to the Penalty and to cease and refrain from accepting leaves and yard waste at the property until a compost registration has been completed with MassDEP.7/9/10


Date: 7/6/10
municipality: ['Westfield']
Text:
  MassDEP has entered into a Consent Order with a $7,000 Penalty involving the Westfield Ready-Mix, Inc., for Air Quality, Hazardous Waste and Groundwater Discharge violations at its Paper Mill Road in Westfield. In October of 2009, the company reported to MassDEP that it had identified several noncompliance issues at its facility after it had undertaken a self-audit program. Among the violations included not having an air quality permit to operate, not notifying MassDEP of its hazardous waste generator status. Afterwards, MassDEP inspected the facility and determined that the facility was discharging cement and truck wash water to the ground in violation of groundwater discharge violations. The company did fully cooperate with MassDEP and initiated corrective actions immediately after MassDEP's inspection. The company has agreed to pay $5,000 of the Penalty with the remaining $2,000 suspended provided the company complies with all terms of the Order.7/6/10


Date: 7/6/10
municipality: ['Woburn']
Text:
  MassDEP entered into a Consent Order with a $45,980 Penalty regarding Parker-Hannifin Corporation for Air Quality, Hazardous Waste and Industrial Waste violations at its facilities on Dragon Court and Commonwealth Avenue in Woburn. MassDEP inspected Parker-Hannifin Corporation on 2/9/10 and 2/16/10 and found violations at the Chomerics Division at 70, 74, 77 and 84 Dragon Court and 8 Commonwealth Avenue in Woburn. Some of the violations discovered involved hazardous waste including generating more waste than for which it had registered, improperly-labeling hazardous waste containers, excessive amounts of hazardous waste at a generation point, and lack of spill-control equipment at the central accumulation area. Additional violations discovered included operating a source of volatile organic compounds and particulate matter, without a plan approval as required from MassDEP as well as insufficient exhaust stack design on its emergency engine. The industrial wastewater violation discovered involved a 3,000-gallon aboveground storage tank (AST) used for the collection of industrial wastewater. This AST was installed and operated without first certifying as required. In addition to correcting all the violations, Parker-Hannifin has agreed to pay $38,220 of the Penalty with the additional $7,760 suspended for one year if the company remains in compliance. Parker-Hannifin will also pay $1,582.00 in back air quality compliance fees.


Date: 7/6/10
municipality: ['Pittsfield']
Text:
  MassDEP has entered into a Consent Order with a $12,000 Penalty involving Barbara Widmann for Air Quality (Asbestos) violations on Goodrich Street in Pittsfield. Widmann co-owned this property on Goodrich Street in Pittsfield. On 6/17/08, MassDEP received a complaint from an inspector of the Massachusetts Division of Occupational Safety stating that improper handling of asbestos siding material had been observed during an inspection of the site. On 6/23/08, MassDEP inspected the site and observed broken pieces of transite (asbestos) siding on land around the dumpster and at other areas around the site. After demonstrating a financial inability to pay, MassDEP has agreed to suspend the entire Penalty provided Widmann remains in compliance with the asbestos regulations for one year.7/2/10


Date: 7/1/10
municipality: ['Wilmington']
Text:
  MassDEP executed an Amended Consent Order with Kenneth J. Carroll, Jr. for Waste Site Cleanup violations at 77 MacDonald Road in Wilmington. The amended order extends the timeline for submittal of a phase two (or comprehensive site assessment) report, and, if needed, phase three (or remedial action) plan. The extension is needed in order to complete the project.


Date: 7/1/10
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $13,220 Penalty involving Truck Equipment/Boston, Inc., for Waste Site Cleanup violations at its property on 300 North Street in Boston (Brighton). Truck Equipment/Boston, Inc., is the owner and/or operator of the property where the company has failed to meet the requirement to define the extent of contamination in the phase two assessment report. Today's Order requires termination of the current Remedy Operation and the filing of an immediate response action status report by 7/19/10. Also, the company will submit a revised phase two assessment report by 4/17/11; and thereafter, if applicable, a modified phase three report by 9/15/11, and phase four remedy implementation report by 12/30/11 with a final response action outcome statement by 6/30/12. The company has agreed to pay $4,500 of the Penalty and MassDEP has agreed to suspend $8,720 pending compliance. There is a stipulated penalty provision for any missed deadlines.7/1/10


Date: 6/30/10
municipality: ['Brookfield']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Nanatomqua Cooperative Corporation for Water Pollution Control (septic system) violations at 3 Nanatomqua Drive in Brookfield. The Corporation owns a mobile home park and operates a large Title 5 (septic system) located within a nitrogen sensitive area of an interim wellhead protection area of a public water supply. Under the terms of today's Order, the Corporation will submit a remedial solution plan with a proposed schedule to bring its wastewater disposal system into compliance. To do so the Corporation will either relocate its water supply well to ensure that the on-site disposal system is outside the protection area, or obtain a groundwater discharge treatment approval. MassDEP has agreed to fully suspend the Penalty pending compliance with the requirements of today's Order. When completed, the actions will result in the proper treatment and disposal of 12,750 gallons of sanitary wastewater per day.


Date: 6/30/10
municipality: ['Hingham']
Text:
  MassDEP entered into a Consent Order with MS Rialto - LLC - Hingham Shipyard for Waste Site Cleanup violations at 349 Lincoln Street in Hingham. Today's Order was issued for two sites located on adjacent parcels at the above address. A Notice of Noncompliance was issued for each site for failure to delineate the nature and extent of contamination and failure to conduct an adequate risk assessment. Today's Order establishes a deadline for submittal of a single final response action outcome for both sites, or separate reports for each site. These sites are being developed with the intent of constructing residential condominiums and commercial businesses.


Date: 6/29/10
municipality: ['Templeton']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the Massachusetts Department of Developmental Services (DDS) for Water Pollution Control violations in Templeton. DDS has agreed to upgrade the wastewater treatment processes at its Templeton Developmental Center. Under the terms of the Order, the facility will achieve compliance with the total phosphorus effluent limit (0.2 mg/l as specified in its permit. Today's Order provides a schedule for the submission of design plans (with a construction schedule for the chosen solution) and requires quarterly progress reports. MassDEP has agreed to fully suspend the Penalty provided DDS remains in compliance with the terms of today's Order, which when met will result in the proper treatment of 50,000 gallons of wastewater per day that are discharged to Beaver Brook.


Date: 6/29/10
municipality: ['Lee']
Text:
  MassDEP entered into a Consent Order with the ExxonMobil/Lee for Waste Site Cleanup violations. In 1989, the Department was notified of a gasoline release after three feet of non-aqueous phase liquid (NAPL) was observed in monitoring wells at the site. In August 1997, the responsible party (Mobil Oil) submitted a tier two classification (cleanup permit) extension, which was granted. In 2010, after a period of remedy operation status (ROS), that status was terminated. MassDEP refused to grant a tier two extension request due to multiple previous extensions. MassDEP has now entered into a Consent Order to address the outstanding violation of failing to submit a final response action outcome within five years of its tier classification as required. Today's Order requires certain response actions taken this year leading to a final response action outcome by no later than 3/6/11. There are stipulated penalties of $1,000 per day if ExxonMobil fails to complete cleanup of the site.


Date: 6/28/10
municipality: ['Everett', 'Springfield']
Text:
  MassDEP was notified of a Final Judgment approving a Settlement Agreement in Suffolk Superior Court involving ExxonMobil Gasoline Terminals in Everett and Springfield. Under the terms of the Agreement, ExxonMobil will greatly reduce gasoline vapor emissions at its bulk gasoline terminals in Everett and Springfield and pay a civil penalty of $2.9 million, and pay $200,000 as a Supplemental Environmental Project (SEP) to the Chelsea Collaborative to help fund the replacement of stationary diesel refrigeration units at the New England Produce Center with non-polluting electrically-driven units. It was found that ExxonMobil, without requesting approval from the MassDEP, modified the vapor collection and recovery system used to control emissions of volatile organic compounds (VOCs) at its Everett terminal. These un-approved changes also included removal of certain required emissions controls. ExxonMobil also failed to properly control VOC emissions from gasoline tank trucks during loading operations and failed to comply with emissions monitoring, repair and reporting requirements at both the Everett and Springfield terminals, increasing VOC emissions at both terminals beyond those allowed under their permits and state law. The settlement agreement requires ExxonMobil to install negative pressure vacuum assist technology as part of the vapor collection and recovery systems at both terminals; replace the existing vapor combustion unit at the Springfield terminal with a carbon absorption vapor recovery system similar to the systems in use at all of the other gasoline terminals in the Commonwealth. These improvements will greatly reduce VOC emissions at the terminals which are both in environmental justice communities. ExxonMobil is also required at both terminals to undertake enhanced vapor and liquid leak inspections using an infra-red optical imaging camera and to use improved control technology when degassing storage tanks.6/28/10


Date: 6/24/10
municipality: ['Brookfield']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty regarding Wagon Wheel Cooperative Corporation for Groundwater Discharge violations in Brookfield. MassDEP requires the owners of this mobile home park located off of Rice Corner Road in Brookfield to bring its wastewater infrastructure into compliance with regulations under a schedule including the submission of permit applications to develop an approved groundwater discharge treatment and disposal system. The owners will develop an Interim Operation Plan for the existing on-site disposal systems for MassDEP's review and approval. The interim plan must involve routine inspections and, if needed, upgrades to the on-site disposal systems to ensure proper operation until they can be phased out. MassDEP has agreed to fully suspend the Penalty provided all the terms of the Order are met. As a result, the actions taken will result in the proper treatment of 43,200 gallons per day of wastewater.


Date: 6/24/10
municipality: []
Text:
  MassDEP entered into a Consent Order with Heritage Wharf Company, LLC, for Waste Site Cleanup violations at 218 Elm Street in South Dartmouth. Heritage Wharf Company failed to comply with the deadlines established in a previously issued Notice of Noncompliance. The Department identified violations (Class II) of the requirements applicable to the Activity & Use Limitation (AUL) at this location and instructed the company in a Notice of Audit Findings/Notice of Noncompliance, of a sixty-day deadline to correct the violations. MassDEP then received a request for additional time to perform the necessary tasks. Today's Order allows/establishes deadlines for completing the necessary tasks required to correct the AUL violations.


Date: 6/24/10
municipality: ['Eastham']
Text:
  MassDEP issued a Notice of Noncompliance to 4565 Duda Realty Trust regarding continued Waste Site Cleanup violations at 4565 State Road in Eastham. Last year, on 8/18/09, MassDEP issued a Notice of Noncompliance (NON) for failing to submit a Permit Extension Application, a Phase IV Remedy Implementation Plan, a Response Action Outcome and IRA Status Reports by the required deadlines. Then, earlier this year, on 5/17/10 MassDEP entered into a Consent Order with a $14,000 Penalty with 4565 Duda Realty Trust. The Order specifically required the Trust to pay $14,000 and establishes steps it needed to take along with deadlines to return to compliance.


Date: 6/23/10
municipality: ['Monterey']
Text:
  MassDEP issued a Unilateral Order to KSA/Mass, LLC, relative to state of water supply emergency in Monterey. The Orders allows Kutshers Sports Academy to use a non-conforming source under the conditions that the public water supplier conduct more frequent bacteria monitoring and provide public notice to responsible adults/guardians of the Academy's attendees. MassDEP has already received a new source approval permit application for this facility.


Date: 6/23/10
municipality: ['Conway', 'Rehoboth']
Text:
  MassDEP issued a Unilateral Order to William Conway for Wetlands violations in Rehoboth. MassDEP found that Conway was clearing trees and filling an undetermined area of Bordering Vegetated Wetland. Conway had received a local order of conditions but during a site visit by MassDEP, the work was found to be in violation because of additional clearing of trees in the buffer zone. Under today's Order Conway is ordered to cease the violations.


Date: 6/22/10
municipality: ['Shrewsbury']
Text:
  MassDEP entered into a Consent Order with a $4,600 Penalty involving the Massachusetts Department of Developmental Services (DDS) for Surface Water Discharge violations in Shrewsbury. In November of 2009, MassDEP personnel conducted an inspection of the Glavin Regional Center and observed an unpermitted discharge of sewage from the facility at 214 Lake Street to a surface water drain that flows to Meadow Brook in Shrewsbury. DDS officials immediately hired a contractor to identify the source of the discharge, and have since identified and corrected the problem. Under the terms of today's Order, DDS has agreed to commence a program of weekly inspections of all storm water basins around the facility and report any problems to both MassDEP and town of Shrewsbury. The settlement also requires the facility to maintain a schedule for annual cleanings of all catch basins at the facility, and to provide annual training for facility housekeeping staff and contract cleaning personnel regarding the proper disposal of wash water and cleaning materials. This investigation will result in reduction of pollutants entering the Quinsigamond watershed.


Date: 6/22/10
municipality: ['Falmouth']
Text:
  MassDEP issued a Unilateral Order to A. Louis Rosado for Wetlands violations in Falmouth. MassDEP's Division of Wetlands and Waterways issued the Order to Rosado for the unpermitted installation of a granite stairway down a coastal bank without filing a Notice of Intent or obtaining a permit (order of conditions).6/22/10


Date: 6/21/10
municipality: ['Chester']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the town of Chester for Water Supply violations, specifically, the Water Department's failure to implement cross-connection requirements to protect the public water system and to address errors in public notification regarding water quality. MassDEP has agreed to fully suspend the Penalty provided Chester complies with the Order and does not further violate the cross-connection provisions during the remainder of 2010.6/21/10


Date: 6/21/10
municipality: ['Westford', 'Woburn']
Text:
  MassDEP was informed of a $35,000 fine in the case of the Commonwealth of Massachusetts v. Thorstensen Laboratory Inc. in Woburn. Michael Carlson, the former owner of the now defunct Thorstensen Laboratory Inc. of Westford pled guilty in Middlesex Superior Court in connection to charges he collected payments from several municipalities for water tests that had either not been conducted or had been conducted at a laboratory not certified to conduct the water tests. In particular, he pled guilty to making false reports to MassDEP (50 counts); larceny under $250 (2 counts); and, larceny over $250 (2 counts). He was sentenced to one year in the House of Corrections (suspended for a probationary period of five years.) Under the terms of the probation conditions, Carlson must also perform 400 hours of community service and would only be permitted to work as a chemist under supervision. In addition to the $35,000 fine, Carlson was also ordered to pay a $15,000 fine to the Northeast Environmental Enforcement Project, an organization dedicated to environmental protection, training and education; and $3,500 in restitution to the affected communities.


Date: 6/21/10
municipality: ['Yarmouth']
Text:
  MassDEP entered into a Consent Order with a $22,200 Penalty involving Buck Island Village Condominium Trust for Wastewater Treatment violations in Yarmouth. Previously, on 7/17/08, MassDEP entered into a Consent Order regarding a violation at their wastewater treatment facility with actions to be taken to return to compliance and a deadline for performing such actions. However, on 7/17/09 the Trust failed to respond as required. On 1/7/09, MassDEP issued a Notice of Noncompliance (NON) to the Trust describing additional violations at their wastewater treatment facility, specifying the actions to be taken to return to compliance and stating the deadlines for performing such actions. On 7/7/09 the Trust failed to adequately respond to the NON. Today's Order requires the Trust to correct the violations and comply with all applicable laws and regulations and pay $10,000 of the Penalty. Today's Order also establishes deadlines for completing the necessary tasks required to correct the violations.


Date: 6/18/10
municipality: ['Needham']
Text:
  MassDEP entered into a Consent Order with a $12,500 Penalty regarding the town of Needham for Drinking Water Program violation. The town has failed to test the required number of reduced pressure backflow cross connection preventers in 2008, and for failed to respond to a previously issued Notice of Noncompliance issued by MassDEP on 6/8/09. The town of Needham has had repeated issues of non compliance with the Drinking Water Regulations. MassDEP agreed to suspend $6,500 of the Penalty provided Needham does not violate any provision of this Consent Order, or further violate any of the Drinking Water Regulations.


Date: 6/18/10
municipality: ['Boston']
Text:
  MassDEP was informed of a $50,000 Penalty in the case of the Commonwealth of Massachusetts v. Robert Greenwood in Boston. This is another in an ongoing series of administrative, civil, and criminal actions against automotive inspectors and stations that issue fraudulent auto emission inspection stickers. The Environmental Strike Force worked with the Registry of Motor Vehicles to investigate this case, which was developed by mining and analyzing Inspection and Maintenance data. The complaint alleged numerous violations of the Mass Clean Air Act and the Consumer Protection Act. In addition to the Penalty, the defendant has lost his license to conduct auto inspections.


Date: 6/17/10
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $29,850 Penalty involving Gerald R. Jordan for Wetlands and Waterways violations at Mishaum Point in Dartmouth. Jordan is responsible for the unauthorized construction of a stone revetment (seawall) and expansion of a private pier. Today's Order requires Jordan to remove approximately 100' of stone revetment and restore the coastal bank to its preexisting condition. Prior to the violation, the bank had served as nesting habit for bank swallows. In addition to the Penalty, today's Order also requires Jordan to file "after the fact" permit applications to maintain the footprint of the existing pier.6/16/10


Date: 6/16/10
municipality: ['Chicopee']
Text:
  MassDEP issued Notice of Demand for $5,500 in Suspended Penalties to Gilbert & Son Insulation, Inc. for continued Asbestos violations in Chicopee. Previously, Gilbert & Son Insulation, Inc. entered into a Consent Order with MassDEP on 11/24/09, in which the company agreed to a $10,000 Penalty for violations of the state asbestos handling regulations at a residence in Easthampton. However, MassDEP suspended $5,500 of that Penalty provided the company complied with the state asbestos handling regulations for one year. On 5/4/10, in response to a complaint that Gilbert was mishandling asbestos transite siding, MassDEP conducted an inspection of a residence located in Chicopee. During that inspection, MassDEP confirmed that Gilbert had again violated the state asbestos handling regulations by failing to institute the appropriate asbestos notification, handling and disposal procedures.6/16/10


Date: 6/16/10
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $38,943.75 Penalty involving Boston Medical Center for Solid Waste and Infectious Waste violations in Boston. After receiving a complaint regarding alleged disposal of medical waste in Roxbury, MassDEP's Environmental Strike Force (ESF) reviewed hidden camera video footage from the reported area and observed trash bags falling off a trash truck. Upon further investigation at a nearby waste transfer facility, ESF discovered other bags of medical waste had been disposed of by BMC. The waste transfer facility is not licensed to accept or transport medical waste. ESF staff also learned that BMC typically autoclaves and then shreds the medical waste, but that this disposal procedure had not been used due to malfunctioning of the shredder. In response to ESF's investigation, BMC contracted to properly package and dispose of the unlawfully disposed medical waste. In addition to the Penalty, BMC has agreed to develop a contingency plan if their autoclave/shredder system fails, or if other such lawful means of disposal becomes unavailable. As part of the overall settlement, BMC agrees to comply with applicable MassDEP and DPH regulations pertaining to disposal of biological, infectious, and medical waste, and to copy both DPH and MassDEP on proposed contingency plans related to such wastes. MassDEP has agreed to suspend $12,981.25 pending full compliance with all the terms of the Order. DPH provided valuable technical assistance to MassDEP during the course of this investigation.6/15/10


Date: 6/15/10
municipality: ['Seekonk']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving Bugaboo Creek Steakhouse for Water Pollution Control violations at 1125 Fall River Avenue in Seekonk. The violations involved the failure of the establishment to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the (Title 5) requirements. Facility had previously received a Notice of Noncompliance for failure to inspect in 2005.6/15/10


Date: 6/14/10
municipality: ['Holyoke']
Text:
  MassDEP executed a Consent Order with a $10,200 Penalty involving Rick Denoncourt Carpentry, Inc. for Asbestos violations in Holyoke. MassDEP determined during a complaint investigation that Rick Denoncourt Carpentry, Inc., a home improvement contractor, violated state asbestos regulations during a residential building renovation located in Holyoke. The complainant had reported that asbestos thermal system insulation removal had been performed without instituting the appropriate asbestos handling and disposal procedures. MassDEP has agreed to suspend $7,200 of the Penalty for one year provided the company remains in compliance with the state asbestos regulations.6/14/10


Date: 6/14/10
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $23,287 Penalty involving General Chemical Corporation (GCC) for Groundwater Discharge violations at its Framingham facility. GCC is a licensed commercial hazardous waste storage facility and has agreed to perform remedial work to remedy the unpermitted discharge of contaminated wastewater to the ground and storing hazardous wastewater in an unauthorized tank on its property. During heavy rains in March, 2010, the facility pumped chlorinated solvent-contaminated sump waters from the basement of its warehouse and onto the ground. The facility also had been storing chlorinated solvent-contaminated stormwater in its fire protection water tank without providing secondary containment or properly labeling the tank with its contents and the associated hazards. In addition to paying the Penalty, GCC has agreed to remove the piping through which it discharged wastewater, empty the tank and treat its contents to a non-hazardous level, close other inactive underground tanks, fully assess and manage all contaminated wastewater being stored on site, and evaluate and improve its stormwater collection and control systems.6/14/10


Date: 6/11/10
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with a $4,960 Penalty involving Cumberland Farms, Inc. for Waste Site Cleanup violations in Attleboro. The company failed to notify MassDEP of a 120-day notification condition for chlorinated solvents in groundwater detected at its site on 220 Pleasant Street. In addition, the applicable groundwater category was not correctly identified for the site and the final response action outcome performance standards were not met. In addition to the Penalty, today's Order establishes deadlines for completing the necessary tasks required to correct the violations.


Date: 6/10/10
municipality: ['Great Barrington']
Text:
  MassDEP issued a Unilateral Order to the Housatonic Water Works in Great Barrington for Water Supply violations. The public water suppliers has failed to complete and submit its required Emergency response Checklist ensuring this community system is prepare for an emergency in accordance with Massachusetts drinking water regulations. The public water system has already failed to respond to a previous Notice of Noncompliance to submit the required information.6/10/10


Date: 6/10/10
municipality: ['Boxborough']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding the Applewood Community Corporation for Drinking Water violations in Boxborough. The owner of Applewood I, II, and III, and the provider of water to the Liberty Village Condominiums located in Boxborough, has agreed t to bring the public water system (PWS) that serves these facilities into compliance with the Massachusetts Drinking Water Regulations. MassDEP found during an inspection that the water supply did not provide the required emergency back-up power, and that it was exceeding its approved water withdrawal rates for the well in use at the site. Through today's Order, the owners have agreed to submit a plan and schedule for improvements. Once these improvements have been approved and implemented, it will bring the system into compliance with the redundancy requirements, accurately denote its Zone I, provide for emergency backup power, and provide other operational improvements. These actions will ensure that the approximately 125 units served will continue to receive water that is safe and fit to drink.


Date: 6/10/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $14,400 Penalty involving HowesTemco, Inc. for Hazardous Waste and Industrial Wastewater violations in Franklin. The company failed to have a Hazardous Waste Transporters license when it transported waste oil it generated. The company also failed to transfer that waste oil to an authorized facility, and it failed to properly mark and label waste oil accumulation areas and containers. Finally, the company failed to obtain an Industrial Wastewater/Stormwater permit for its discharge of potentially contaminated stormwater that passed through its dumpster. In addition to the Penalty, today's Order requires the company to take appropriate steps to bring the facility into compliance.


Date: 6/9/10
municipality: ['Sandwich']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving Daniel Webster Trust Limited Partnership/Daniel Webster Inn for Water Pollution Control violations at 149 Main Street in Sandwich. Specifically, the property was in violation of Title 5 of the State Environmental Code, failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. Facility had previously received a Notice of Noncompliance for failure to inspect in 2005. In addition to the Penalty, the owner(s) have agreed to bring the facility into compliance.


Date: 6/9/10
municipality: ['Falmouth']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving J&B Partnership, LLP/Royal Megansett Nursing Home, for Water Pollution Control violations at 209 County Road in Falmouth. Specifically, the facility was in violation of Title 5 of the State Environmental Code for failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. Facility had previously received a Notice of Noncompliance for failure to inspect in 2005. In addition to the Penalty, the owner(s) have agreed to bring the facility into compliance.


Date: 6/9/10
municipality: ['Seekonk']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty involving the Seekonk Square Realty Trust/Old Country Buffet for Water Pollution Control violations at 37 Commerce Way in Seekonk. Specifically, the property was in violation of Title 5 of the Sate Environmental Code for failure to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. This facility had previously received a Notice of Noncompliance for failure to inspect in 2005. In addition to the Penalty, the owner(s) have agreed to bring the facility into compliance.


Date: 6/7/10
municipality: ['Merrimac']
Text:
  MassDEP entered into a Consent Order with a $12,360 Penalty involving the town of Merrimac for Drinking Water violations. Specifically, the town


Date: 6/7/10
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Lecrenski Brothers, Inc. for Hazardous Waste and Industrial Wastewater violations in Westfield. MassDEP found that Lecrenski Brothers, Inc. had allowed an unpermitted industrial wastewater discharge from its facility at 14 Delmont Avenue through a storm drain to the Westfield River. In addition, the facility failed to register as hazardous waste generator and had additional housekeeping and labeling violations involving its storage of hazardous waste. Lecrenski Brothers, Inc., which cooperated with MassDEP during the investigation, has already initiated corrective actions to address the noncompliance issues immediately following the inspection. As part of the settlement agreement, Lecrenski Brothers, Inc. agreed to participate in the Clean Diesel retrofit program for its 57 school buses. MassDEP agreed to fully-suspend the penalty pending compliance with today's Order.


Date: 6/7/10
municipality: ['Westford']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Graniteville Woods, LLC for Groundwater Discharge violations on North Main Street in Westford. MassDEP found that Graniteville Woods, LLC had constructed a wastewater treatment works without a required groundwater discharge permit. MassDEP was informed by a third party that construction was underway at this condominium development. A site visit confirmed that construction of a portion of the wastewater treatment works had proceeded prior to issuance of a groundwater discharge permit. Graniteville Woods, LLC has applied for a groundwater discharge permit but the public comment period was still open at the time this violation was discovered. Under today's Order, the company will pay $6,000 of the Penalty and cease any further construction until such time as all applicable permits have been obtained. MassDEP has agreed to suspend $2,625 of the Penalty pending compliance.


Date: 6/7/10
municipality: ['Bellingham', 'Lancaster', 'Milford']
Text:
  MassDEP entered into a Consent Order with the Massachusetts Department of Transportation (DOT) for Stormwater Discharge violations in Bellingham, Lancaster and Milford. DOT has agreed to address regarding stormwater discharges along Route 190 in Lancaster, and along Route 495 in Bellingham and Milford. These discharges were covered under a 5/11/10 court order to submit plans and commence remediation of all three sites. Today's Order authorizes DOT to proceed with the ordered remedial work, and establishes a legally-enforceable schedule under which the work is to be completed. Today's Order contains stipulated penalty provisions for any future noncompliance with the schedule.


Date: 6/4/10
municipality: ['Colrain']
Text:
  MassDEP entered into a Consent Order with Hager's Farm Market Realty, LLC, for Drinking Water violations in Colrain. MassDEP concluded an Administrative Consent Order to address compliance with Massachusetts drinking water regulations while expanding its operations.6/4/10


Date: 6/4/10
municipality: ['Peabody']
Text:
  MassDEP issued a $30,100 Penalty Assessment Notice to Exceptional Floor Covering, Inc. for Asbestos violations in Peabody. MassDEP responded to a complaint of improper asbestos removal at an occupied hotel in Peabody. During the inspection MassDEP personnel determined that employees of Exceptional had commenced removal of asbestos containing flooring without notifying MassDEP or without implementing safe work practices required by the regulations. The company has not responded to MassDEP's attempts to discuss and settle the case, resulting in today's Unilateral Action.


Date: 6/4/10
municipality: ['Salisbury']
Text:
  MassDEP entered into a Consent Order with Heritage Park Homeowners Cooperative for Water Pollution Control violations in Salisbury. Under the terms of today's Order Heritage Park is required to maintain the septic systems for 63 dwelling and must submit pumping records for a large system on-site which handles flow from 22 homes. Also, by no later than 9/1/12, the Cooperative is required to connect to the Town of Salisbury sewer system.6/4/10


Date: 6/4/10
municipality: ['Taunton']
Text:
  MassDEP issued a Unilateral Order to Ting Lu for Asbestos and Solid Waste violations at 14 Winthrop Street in Taunton. Today's Order requires Lu to cease and desist from any additional asbestos removal and/or handling activities at 14 Winthrop Street in Taunton. Lu contracted for disposal of solid waste at a facility not approved to manage that type of solid waste (asbestos). Ting Lu did not file notification with MassDEP for the removal of asbestos containing material (ACM) and did not properly containerize the asbestos-containing material. The asbestos was left exposed to the ambient air causing a condition of air pollution. Lu is further required to hire a Massachusetts Division of Occupational Safety (DOS) licensed professional to assess and properly abate the remaining asbestos containing material.


Date: 6/3/10
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with Kahgagian Realty LLC for Waste Site Cleanup violations at the former Paramount Cleaners and Dyers at 430 West Street in Brockton. The company failed to submit a revised (final) response action outcome to close out the cleanup of a former dry cleaning site. The original closure documentation was retracted pending the results of a private well survey, and the submittal of a revised phase two (assessment) report. Today's Order establishes timelines for future submittals for compliance with Waste Site Cleanup regulations. A developer is working with the owner for the site to be redeveloped as a retail-drugstore facility.


Date: 6/3/10
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with AVX Corporation in Myrtle Beach South Carolina for Waste Site Cleanup response actions at the former Aerovox Facility located at 740 Belleville Avenue in New Bedford. MassDEP and the Massachusetts Attorney General entered into this Order with AVX Corporation that establishes a schedule for the assessment and remediation of this site in New Bedford. Separately, on the same day, AVX Corporation entered into an Order of Consent with the U.S. EPA related to performing a non-time critical removal action at the same facility. In addition, AVX Corporation and the City of New Bedford entered into a Settlement Agreement related to the long-term maintenance and monitoring of the same facility. Through the implementation of these three separate agreements a 450,000 square foot heavily contaminated building will be removed from the property through a controlled demolition under the direct supervision of EPA. A temporary cap will be installed to prevent direct contact with PCB-contaminated soils while a full site assessment and remediation is conducted under MassDEP Waste Site Cleanup regulations. Clean utility corridors will be installed to facilitate future site redevelopment.


Date: 6/1/10
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with William Gallant for Waste Site Cleanup violations at 0 Farley Street in Lawrence. Gallant, as owner of the property, failed to meet certain deadlines established in a Notice of Noncompliance, issued by MassDEP on 11/18/09. Under today's Order, new deadlines have been established for the submittal of a tier classification permit including phased reports one, two, three and four (from assessment to remedial actions) followed by a final response action outcome. There is also a stipulated penalty provision for any missed deadlines.


Date: 6/1/10
municipality: ['Marlborough', 'Randolph']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Moran Environmental Recovery LLC for Asbestos violations in Marlborough. The company, which is located in Randolph, failed to adequately seal the work area during an asbestos removal project conducted in Marlborough. In October of 2009, MassDEP inspected on-going asbestos abatement work that the company was conducting, and observed several tears in the plastic containment barriers in the work area. Workers were required to stop work and make repairs to the containment before continuing the operation. Under the terms of today's Order, in addition to the Penalty, the company must comply with all applicable regulations in the future.


Date: 6/1/10
municipality: ['Northborough']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Zee Cleaners and Tailors for Hazardous Waste Management violations in Northborough. MassDEP determined that the company discharged industrial wastewater to its subsurface disposal system without a groundwater discharge permit and that it failed to properly inspect its dry cleaning machine to ensure it was operating properly and not emitting perchloroethylene (a cleaning solvent) to the ambient air. In addition, the company failed to properly store hazardous waste it generated and submitted false or inaccurate data with regard to complying with Environmental Results Program requirements. Under today's Order, MassDEP has agreed to fully suspend the Penalty provided the company remains in compliance with applicable regulations for the next three years. The settlement also reflects the Small Business nature of the company as well as the company's current financial condition. This action helps ensure that this dry cleaner will comply with all applicable regulations in the future.6/1/10


Date: 6/1/10
municipality: ['Beverly']
Text:
  MassDEP entered into a Consent Order with a $7,187 Penalty with the city of Beverly, for Waste Site Cleanup violations at 100 Sohier Road in Beverly. Specifically, the city, as owner of the property known as Beverly High School, conducted a Release Abatement Measure ("RAM") at this site site without first filing a RAM Plan with MassDEP. The city has agreed to comply with all applicable Waste Site Cleanup regulations going forward and pay $2,500 of the Penalty, with the additional penalty of $4,687 suspended, pending compliance.


Date: 6/1/10
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty regarding General Chemical Corporation for Hazardous Waste Management violations at 133 Leland Street in Framingham. Specifically, the company's violations involved the hazardous waste management violations observed at this facility, which is a licensed hazardous waste treatment, storage and disposal facility. During a routine multimedia inspection by MassDEP the following violations were found


Date: 5/27/10
municipality: ['Quincy']
Text:
  MassDEP executed a Consent Order with a $6,100 Penalty regarding Willard Street Collision & Automotive Center, Inc. for Air Quality, Hazardous Waste and Industrial Wastewater violations at 248 Willard Street in Quincy. The violations, observed during an unannounced inspection, consisted of air quality record keeping violations, improper spray booth stack configuration and failure to train spray paint operators. Hazardous waste violations consisted of failing to register as a generator of hazardous waste and failure to label and properly manage hazardous waste accumulated on site. Industrial waste water violations consisted of improper discharge of vehicle wash water onto the ground. In addition to the Penalty, the owners have agreed to take corrective steps to bring the facility into compliance.


Date: 5/27/10
municipality: ['Walpole']
Text:
  MassDEP entered into a Consent Order with a $3,738 Penalty regarding Rolls Royce Naval Marine, Inc., for Air Quality violations in Walpole. The company operates four cold cleaning degreasers that serve to remove dirt, oil, grease and metal chips from propeller parts. Three of these degreasers were operating with a solvent freeboard ratio less than required. The fourth degreaser consisted of a spray booth for cleaning large units. As designed, this degreaser did not comply with the cold cleaning regulations. The company has since notified MassDEP that it has ceased using volatile organic compound (VOC) based propeller hub spray wash it had conducted and was in violation. The Order also requires the violator to come into compliance with all other free board requirements.5/27/10


Date: 5/25/10
municipality: ['Bridgewater']
Text:
  MassDEP executed a Consent Order with a $7,000 Penalty regarding Consolidated Recycling Technologies for Solid Waste and Hazardous Waste Management violations in Bridgewater. The company had Class A Hazardous Waste Recycling permit violations including the improper storage and management of certain hazardous wastes and was taking in solid waste in the form of used wipes, from its clients. In addition to the Penalty, the company has agreed to perform a Supplemental Environmental Project (SEP) valued at $3,500 in which it will develop certain best management processes for the processing and storage of its regulated and unregulated waste streams and recyclables. The company performs recycling services, which include the shredding of used oil filters, cleaning with used parts washer, recapture of the waste oil/parts washer mix, metal and filter element. The company also takes in and processes used, or 'waste', antifreeze which is refurbishes and offers for sale.


Date: 5/24/10
municipality: ['Reading']
Text:
  MassDEP executed a Consent Order with an $11,485 Penalty regarding the Reading Municipal Light Department (RMLD) for Waste Site Cleanup and Wetlands violations at 45 Causeway Road in Reading. RMLD is the owner of the property where it specifically failed to file the required Release Abatement Measure Plan prior to excavation of PCB-contaminated soil. RMLD further failed to implement health and safety procedures and failed to file a Notice of Intent prior to stockpiling within a wetland buffer zone. Today's Order requires RMLD to submit a status report, or completion report for the site as required by Waste Site Cleanup regulations, and an operations plan that will demonstrate it will improve release detection, prevention and response systems at all RMLD properties including substations. In addition to the Penalty, today's Order contains a provision for stipulated penalties for any missed deadlines.


Date: 5/24/10
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with a $4,760 Penalty regarding Walter J. Glowacki & Sons, Inc. (Nantucket Structures Unlimited) d/b/a Glowacki Construction for Solid Waste and Hazardous Waste Management violations in Nantucket. The companies operate landscaping, salvage and general contracting as well as concrete and asphalt manufacturing at the Nantucket location. On 3/14/09, MassDEP conducted a multi-media inspection at the site and observed violations of the hazardous waste regulations relative to storage and disposal, and a continued violation of the solid waste regulation. In 2005, MassDEP entered into a Consent Order with Glowacki relative to hazardous waste and solid waste violations. Today's Order has an aggressive schedule to comply with the regulations and ensure the proper management of solid waste, and includes a Supplemental Environmental Project (SEP) in which Glowacki will conduct for the Nantucket Department of Public Works (at no charge to the town) street-sweeping services which has a value of $14,280.


Date: 5/22/10
municipality: ['Stockbridge']
Text:
  MassDEP issued a Boil Water Order to Wheatleigh Inn located in Stockbridge. Today's Order was issued to the Public Water System following a detection of e coli (fecal) in the water system. After the system was disinfected, and sampling results showed that two consecutive clean rounds had been obtained, the Boil Water Order was lifted. However, other requirements will remain in place, including disinfection and public notice regarding groundwater rule and the risk from viruses in the drinking water until corrective actions are completed and further sampling is completed.5/20/10


Date: 5/19/10
municipality: ['Becket']
Text:
  MassDEP concluded an Amendment to an existing Consent Order with the Becket General Store in Becket. This facility, which functions as a Public Water System, is installing a new water supply well and today's Amendment revises the requirements for the installation of the new well that must be installed by December, 2010.5/14/10


Date: 5/19/10
municipality: ['Lawrence']
Text:
  MassDEP issued a $137,000 Penalty Assessment Notice to MassInnovation, LLC for alleged Asbestos violations at 250 Merrimac Street in Lawrence. MassInnovation, LLC is the operator of a renovation site located at 250 Merrimac St in Lawrence. During a routine inspection of the site, MassDEP personnel observed demolition/renovation asbestos abatement activities which were not in compliance with the regulations. During two follow up inspections MassDEP personnel observed additional violations of the regulations. Several unsuccessful attempts to arrive at a negotiated settlement with MassInnovation were made by MassDEP personnel. As a result of the noncompliance observed by MassDEP, MassInnovation was issued a Penalty Assessment Notice in the amount of $137,000, which has been appealed.


Date: 5/19/10
municipality: ['Lawrence']
Text:
  MassDEP issued a $109,875 Penalty Assessment Notice to Wood Mill, LLC for alleged Asbestos violations at 250 Merrimac Street in Lawrence. Wood Mill, LLC is the owner of a renovation site located at 250 Merrimac St in Lawrence. During a routine inspection of the site MassDEP personnel observed demolition/renovation/asbestos abatement activities which were not in compliance with the regulations. During two follow up inspections, MassDEP observed additional violations of the regulations. Several unsuccessful attempts to arrive at a negotiated settlement with Wood Mill were made by MassDEP personnel. As a result of the noncompliance observed by MassDEP personnel, Wood Mill was issued a Penalty Assessment in the amount of $109,875, which has been appealed.


Date: 5/18/10
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $20,050 Penalty involving Environmental Enterprises, Inc. for Asbestos violations at 17 Sherman Street in Cambridge and 139 Washington Street in Brighton. Environmental Enterprises, Inc. is a Massachusetts licensed asbestos abatement contractor. MassDEP personnel responded to a complaint of improper asbestos abatement at this location and determined that Environmental Enterprises had previously performed asbestos abatement at said location. During the inspection MassDEP personnel determined that the prior asbestos abatement was incomplete, and therefore in violation of the regulations. MassDEP personnel also received a complaint of improper asbestos abatement at 139 Washington St. in Brighton, where another Environmental Enterprises asbestos abatement site. During the complaint investigation and a follow-up inspection of the Brighton site, MassDEP personnel observed multiple violations of the asbestos regulations. As a result of the violations observed by MassDEP, Environmental Enterprises will pay $12,000 and $8,050 will be suspended for the period of one year provided the company complies with all applicable regulations.5/18/10


Date: 5/14/10
municipality: ['Danvers']
Text:
  MassDEP executed a Consent Order with Thermadyne Holdings Corporation for Waste Site Cleanup violations at 18 Cherry Hill Drive in Danvers. Thermadyne Holdings Corp, as former owner of the property, failed to meet certain deadlines established by MassDEP in a Notice of Noncompliance (NON) issued on 2/19/09. Today's Order establishes deadlines for the submittal of a revised phase two and three report, a phase four report, status reports and a response action outcome, or final submittal. Today's Order contains a stipulated penalty provision for any missed deadlines.5/14/10


Date: 5/12/10
municipality: ['Dracut', 'Lowell']
Text:
  MassDEP executed a Consent Order with a $4,600 Penalty involving Mahoney Oil Co., Inc. for Waste Site Cleanup violations at 58 Jefferson Road in Dracut. The company, which is based in Lowell, failed to report a sudden release of approximately 150 gallons of home-heating fuel oil. This release occurred during a residential fuel delivery in October, 2009. The company was required to report the release to MassDEP as soon as possible, and within two hours of obtaining knowledge that the release occurred [310 CMR 40.0311(3)]. Mahoney agreed to develop and submit an Oil and Hazardous Material release reporting and response plan to MassDEP for review. MassDEP has agreed to suspend the Penalty pending compliance. In addition to the suspended penalty, there is a stipulated penalty provision of an additional $1,000 per day, if it violates any provision of the Order or further violates the same regulation within one year.5/12/10


Date: 5/10/10
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving the city of Somerville for Waste Site Cleanup violations at 79 Highland Avenue for Somerville. The city is the owner of the property at 79 Highland Avenue where it failed to meet deadlines established in MassDEP's Notice of Noncompliance (NON) dated 5/29/09. Today's Order requires either a phase one report and a tier classification submittal (numerical ranking) or a final response action outcome statement by 11/30/10. There is also a stipulated penalty provision for any missed deadlines.


Date: 5/10/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $12,000 Penalty involving Manchester Essex Regional School District for Wetlands violations at the Manchester-Essex Regional High-Middle School on Lincoln Street in Manchester. The violations resulted from erosion and siltation to an intermittent stream and Saw Mill Brook from ongoing construction on the property after expiration of the order of conditions (permit) governing the project. This violator had also been subject to a previous Order and two previous cease-and-desist Orders involving similar violations on the site. While conduction remaining activity, the District agrees to adhere to strict erosion and sedimentation control provisions, implement a revised stabilization plan, and, hire an independent Environmental Monitor to oversee the site and perform frequent monitoring and reporting.5/10/10


Date: 5/4/10
municipality: ['Freetown']
Text:
  MassDEP issued a Unilateral Order to Joe Machie for Wetlands violations in Freetown. Machie allegedly placed fill in a Bordering Vegetated Wetland at 15 Martin Drive. Today's Order requires the recipient to cease and desist wetlands alterations and install erosion controls to prevent additional damage to the wetlands. Follow-up enforcement proceedings will occur.


Date: 5/3/10
municipality: ['Chester']
Text:
  MassDEP issued a Consent Order with a $16,000 Penalty to C&A Construction Company, Inc. for Wetlands violations in Chester. MassDEP determined the violations relative to the storage of asphalt, brick and concrete rubble at a location on Skyline Drive in Chester. As part of the settlement C&A has already removed the materials, submitted a wetlands restoration plan, and will pay $6,000 of the Penalty. An additional $10,000 has been suspended pending future compliance.5/3/10


Date: 5/2/10
municipality: ['Chelsea']
Text:
  MassDEP executed a Consent Order with a $19,675 involving Forbes Park LLC and Seawall Realty LLC, for Waste Site Cleanup violations at 1Forbes Street in Chelsea. The companies are owners of a site at 1 Forbes Street in Chelsea where the two parties failed to obtain all necessary permits and approvals before undertaking response actions at the site, failed to conduct Release Abatement Measures (RAM) in accordance with approved plans, failed to - timely - request a tier two (permit) extension and submit Immediate Response Action and RAM status reports. In addition, the parties failed to perform a risk characterization that is consistent with acceptable risk assessment practices. Finally, they failed to employ the response action performance standard when conducting response actions. Under the terms of today's Order, Forbes has agreed to submit various reports by deadlines established. In addition to the Penalty, they will also comply with the requirements of two notices of audit findings issued by MassDEP.


Date: 4/30/10
municipality: ['Danvers']
Text:
  MassDEP executed a Consent Order with a $3,450 Penalty involving the town of Danvers for improper dredging of the Porter River. This case began when a caller to the Environmental Strike Force (ESF), identified as a person very familiar with the site, observed certain dredging activities from the window of a passenger train. An on-site investigation later revealed that work was done not in compliance with the MassDEP's Water Quality Certification (WQC) issued for this project. Danvers had instead adopted modifications to the approved method of dredging without notifying and seeking approval from MassDEP as required in the WQC. The town will pay $2,156 with the remaining $1,293 suspended based upon continued compliance. In addition to the ESF, the investigation was coordinated with assistance from Massachusetts Coastal Zone Management which provided valuable assistance.


Date: 4/30/10
municipality: ['Somerville']
Text:
  MassDEP was informed of a civil settlement involving two auto emission stations for violations of the Clean Air Act and the Mass. Consumer Protection Act. Robert Boudreau, Hillside Jaguar of Somerville failed to comply with inspection and maintenance requirements for auto emissions. Boudreau and Hillside entered into a civil settlement for violations as uncovered by the team of investigators revealed that over 200 cars had been issued stickers without having been 'scanned' through the proper emission control equipment. This process is known as 'clean scanning.' After submitting 'inability to pay' documents, the Hillside company will pay $63,000 in civil penalties. Boudreau will pay $12,000 for the six clean scans that were attributed personally to him. Both parties have had their inspection license revoked by the RMV.


Date: 4/29/10
municipality: ['Springfield']
Text:
  MassDEP was notified that three companies agreed to $27,000 in Civil Penalties related to Asbestos and Solid Waste violations at a Springfield scrap yard. The three separate companies


Date: 4/29/10
municipality: []
Text:
  MassDEP executed a Consent Order with the United States Postal Service for Waste Site Cleanup violations at 135 A Street in South Boston. As owner of the property, the USPS failed to meet the deadline established in a Notice of Noncompliance issued by MassDEP on 1/12/10. Today's Order establishes deadlines for the submittal of a phase two, three and four (assessment, selection and implementation of cleanup plan) followed by a final response action outcome statement. Today's Order contains a stipulated penalty provision for any missed deadlines.4/29/10


Date: 4/28/10
municipality: ['Clarksburg']
Text:
  MassDEP executed a Consent Order with Briggsville Water District for Water Supply violations in Clarksburg. Briggsville Water District is a small community public water system which has agreed to address microscopic particulate analysis (MPA) testing and its operation without a master meter due to the configuration of its source and system.4/28/10


Date: 4/28/10
municipality: ['Lancaster']
Text:
  MassDEP entered into a Consent Order with a $9,703 Penalty involving Atlantic Union College (AUC) for violations following a release of fuel oil at 51 Maple Street in Lancaster on 8/4/08. The release took place at AUC's power house, which generates electricity for the college, after a gasket ruptured on a high-pressure fuel line that feeds into a diesel engine for one of the generators. Approximately 300 gallons of fuel oil released into floor drains located on the concrete floor inside the building. The oil discharged into a storm water system to a nearby stream, impacting approximately 6,300 feet of surface water. An anonymous caller alerted the Lancaster Fire Department which then informed MassDEP of the release condition. MassDEP and EPA responded to the site and confirmed the release and learned that AUC cleaned up a portion of this release inside the building. AUC said it believed the floor drains were previously sealed, and did not assess the drain system for impacts. AUC has since retained the services of a contractor to perform the necessary clean up actions and provide licensed services. Since the release, AUC has removed oil from the stream and corrected the underground drain system. Impacted soil was excavated, and the floor drain system was properly sealed. For failing to notify and failure to perform timely response actions, AUC has agreed to the Penalty and to maintain compliance.


Date: 4/28/10
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving the Kings Campground Realty Trust, and Kings Family Campground for Title 5 (septic system) violations in Sutton. Today's Order establishes a schedule for the owners to bring the wastewater infrastructure at the campground into compliance with the regulations through the submission of a plan to upgrade all on-site sewage disposal systems to Title 5 standards, and to downsize the facility to remain within design-flow requirements. Under the terms of today's Order, the owners will also develop a site plan for the campground, immediately begin a monitoring program for all on-site disposal systems, and begin keeping records of weekly water use. MassDEP agreed to fully suspend the Penalty pending full compliance with the requirements to properly treat wastewater.


Date: 4/28/10
municipality: ['Shirley']
Text:
  MassDEP entered into a Consent Order with a $13,050 Penalty involving Thermo- Fab Corporation for Air Quality and Hazardous Waste Management violations in Shirley. The company's paint spraying operations did not meet appropriate environmental standards. In addition, the company violated numerous hazardous waste and waste oil accumulation/storage requirements such as improper labeling of containers, open containers, no emergency procedures, and no hazardous waste/waste oil signage. Under the terms of today's Order, the company agreed to maintain compliance with applicable regulations, and pay $3,262.50 of the Penalty. The company also agreed to provide through a Supplemental Environmental Project (SEP) the purchase of portable radios and gas detection meters for the Town of Shirley Fire Department. This action helps ensure the Company's paint spray operation meets applicable standards, and that hazardous waste/waste oil accumulation is done in compliance with applicable regulations.


Date: 4/27/10
municipality: ['Edgartown']
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty involving Down Harbor Association for Waterways violation off Katama Road in Edgartown. Down Harbor Association, Inc. undertook an expansion of an existing pier authorized under License #5052 (1966) but the violation involved the installation of two (2) additional floats and two (2) platforms to an existing pier without authorization under Chapter 91, and the regulations. Today's Order includes a Supplemental Environmental Project in the amount of $3,400 which will go to the Martha's Vineyard Shellfish Group, Inc. to construct a platform at the Chappaquiddick Shellfish Hatchery Facility. The proponent also has submitted a pending Waterways application that is currently under review for licensing.


Date: 4/23/10
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with a $1,250 Penalty involving Power Equipment Company, Inc. for Air Quality and Hazardous Waste Management violations in Attleboro. A multi-media inspection by MassDEP revealed the company had not complied with hazardous waste generator and air pollution control record-keeping requirements. Today's Order requires the company to come into compliance with the applicable Hazardous Waste and Air Quality Regulations.


Date: 4/22/10
municipality: ['Needham']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty involving Airsafe Inc., for Asbestos violations at 19 Gordon Street in Needham. Airsafe is a licensed Massachusetts asbestos abatement contractor. MassDEP responded to a complaint and upon inspection of the aforementioned property found that asbestos abatement performed by Airsafe was incomplete. In addition, MassDEP personnel determined that the proper notification was not made by Airsafe. MassDEP required that Airsafe perform additional decontamination of the work area and pay $8,700 of the Penalty with the remaining $6,350 suspended for a period of two years.


Date: 4/22/10
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty involving the Segregansett Country Club for Wetlands violations in Taunton. MassDEP Wetlands Program found the Segregansett Country Club had undertaken actions resulting in the alteration of bordering vegetated wetlands without a valid order of conditions. In addition to the Penalty, the Club has agreed to remove all fill and fully restore the wetlands.


Date: 4/22/10
municipality: ['Topsfield']
Text:
  MassDEP entered into a Consent Order with a $10,630 Penalty involving Health and Education Services, Inc. for Water Pollution Control violations in Topsfield. Paul O'Shea is President of HES, Inc., a private non-profit organization that is the owner and operator of Nike Village, a residential community for the treatment of physically and/or mentally afflicted clients in Topsfield. HES failed to notify MassDEP of sewage system overflows from their on-site sewerage pump station and failed to properly operate a wastewater treatment works (lack of proper alarms; lack of operation and maintenance plans, protocols and procedures; lack of an emergency response plan; and the lack of back-up power or adequate wet-well storage capacity). Today's Order requires a full investigation of the wastewater collection system for defects and sources of infiltration and inflow with corrective actions to follow. Additionally, HES is required to submit for review and approval an O&M plan, prepared by a Massachusetts register Professional Engineer, to address all aspects of properly operating a wastewater treatment works, including establishing a fats, oil & grease program. MassDEP has agreed to fully suspend the Penalty provided there are no violations of the Consent Order.


Date: 4/21/10
municipality: ['Westport']
Text:
  MassDEP executed a Consent Order with $20,200 Penalty involving Martin Keller for Wetlands violations at 216 Cadman's Neck Road in Westport. The violations involved the unauthorized construction of a vertical faced granite block retaining wall on a coastal bank within a velocity flood zone and riverfront area on the East Branch of the Westport River. Keller altered 162 linear feet of coastal bank without an order of conditions. Today's Order requires Keller to install rip-rap at the toe of the granite block retaining wall to help dissipate wave energy and reduce scour and erosion. If Keller is unable to obtain a final Order of Conditions to approve the project, the structure will be removed and the coastal bank restored. Keller was also assessed a $20,200 civil administrative penalty. The ACOP Today's Order requires that $10,000 of the Penalty is due within thirty days and $10,200 suspended contingent upon Keller's compliance with the terms and conditions of the Order and remain in compliance with the Wetlands Protection Act and Regulations for five years. [The Wetlands Program subsequently issued a Superseding Order of Conditions to Keller approving the installation of rip-rap at the toe of the block wall, planting of indigenous vegetation to stabilize the coastal bank, and the after-the-fact installation of the vertical faced granite block retaining wall.]


Date: 4/21/10
municipality: ['Mashpee']
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty involving Francis Reavey for Waterways Licensing violations at 42 Cayuga Avenue in Mashpee. Reavey failed to obtain a Waterways License for the construction, placement and use of a seasonal dock in Mashpee. Today's Order requires Reavey to obtain a Waterways License and pay $2,070 of the Penalty. The remaining $4,830 will be suspended pending compliance with the terms of today's Order.


Date: 4/16/10
municipality: ['Dennis']
Text:
  MassDEP entered into a Consent Order with Campers Haven RV Resort for Groundwater Discharge violations at 184 Old Wharf Road in Dennis. Campers Haven is a summer recreational vehicle campground with some cottages discharging 31,020 gallons per day. Today's Order was structured to allow the campground to continue operation as the town of Dennis pursues a comprehensive wastewater management plan. During the next five years, the campground will conduct annual inspection of all on-site sewage disposal systems, repair any as necessary and contribute to an escrow account that will either defray the cost of sewer betterment or an on-site wastewater treatment plant permitted in accordance with applicable regulations.


Date: 4/16/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $38,230 Penalty involving the Aulson Company, Inc., for Hazardous Waste Management violations in Methuen. The Aulson Company, Inc. is a specialty contractor that does asbestos & paint removal; industrial painting & flooring; concrete repair; fire proofing; environmental remediation; and, demolition. A multimedia inspection revealed the company was improperly managing its hazardous waste, including operating as a storage facility of both hazardous waste and waste oil, and improperly transporting hazardous waste back to its place of business without being a licensed treatment storage and disposal facility. The company has agreed to pay $24,000 of the Penalty with the remaining $14,230 suspended if the company returns to and remains in compliance.


Date: 4/16/10
municipality: []
Text:
  MassDEP entered into a Consent Agreement with the city of Easthampton for Surface Water Discharge violations. The city of Easthampton has agreed to provide a schedule for the upgrade of a pump station and the closure of an overflow weir at each of two pump stations. The overflow pipes were discovered by MassDEP during routine inspections of the pump stations and were not discharge points authorized in the city's permit (National Pollutant Discharge Elimination System).


Date: 4/16/10
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving National Abatement, Inc. for Asbestos violations at 11 Belle Isle Avenue in Revere. The company is a Massachusetts Division of Occupational Safety-licensed asbestos abatement contractor. MassDEP responded to a complaint and determined that National had performed an asbestos abatement at the site. National failed to notify MassDEP ten working days prior to this asbestos abatement. National will pay $500 and $500 will remain suspended for a two-year period.


Date: 4/16/10
municipality: []
Text:
  MassDEP executed a Consent Order with a $14,500 Penalty involving Edward J. Paquette, both individually and d/b/a Paquette Builders, Inc., along with Edward M. Paquette, Trustee of the Paquette Realty Trust, for Solid Waste violations. Edward J. Paquette, d/b/a Paquette Builders, Inc., demolished a building located at Wardwell Court in Southbridge, and then transported the debris to a property located on Alpine Drive in Southbridge which was owned by Paquette Realty Trust. An inspection of the Alpine Drive property revealed that the debris had since been removed for disposal and/or recycling; however, other solid waste materials still existed at the property. The Paquettes did not possess either a Site Assignment or a valid permit for the disposal of solid waste materials at the Alpine Drive property. Under the terms of today's Order, the Paquettes will no longer manage solid waste materials at the property, they will have all remaining materials removed from the property, and they will submit disposal records to the Department to demonstrate compliance with today's Order. MassDEP agreed to fully suspend the Penalty provided there are no violations of today's Order for one year. There are stipulated penalties for any future violations.


Date: 4/16/10
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty regarding Holdgate Partners for Asbestos violations at 72 North Liberty Street in Nantucket. Holdgate Partners did not file notification with MassDEP for the removal of asbestos containing material (ACM) and did not properly containerize the ACM. In addition to the Penalty, today's Order requires the respondent to submit to MassDEP all documentation relevant to the clean up of the asbestos material.


Date: 4/15/10
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Dollar Tree Stores, Inc., for Waste Site Cleanup violations at 344 Greenwood Street in Worcester. On 6/1/09, a release of hydraulic oil from a ruptured hydraulic line on a static trash compactor occurred at this location and released oil onto pavement behind the building, impacting approximately 600 feet of pavement as vehicles travelled through the unabated release. An anonymous caller alerted MassDEP of the release during 6/2/09 prompting a response to the scene. In addition, MassDEP learned that a subcontractor for Dollar Tree deployed some absorbents to the pavement and disposed of them in a nearby dumpster. Dollar Tree Stores, Inc. retained Clean Harbors Environmental Services, Inc. to perform the necessary clean up actions. Since the release, Dollar Tree has conducted a thorough assessment of its spill management plan and revised the plan to include a spill hot line, it contracted with a national spill clean up company, and it conducted preventative maintenance on its compactors. Dollar Tree Stores, Inc. however failed to notify, failed to perform timely response actions, and failed to properly dispose of remediation waste.


Date: 4/14/10
municipality: ['Worcester']
Text:
  MassDEP was notified that Barry Krock agreed to pay a total of $54,400 due to Asbestos violations in Worcester. Krock, as agent of Main Street Properties, Inc. in Worcester, will pay $32,000 in Penalties and $22,400 for the cost of prosecution in a civil settlement for arranging the improper removal of Asbestos containing materials from a site in Worcester. The settlement also requires Krock to implement a plan to properly inspect for lead and asbestos at all other properties owned by Main Street Inc.4/13/10


Date: 4/9/10
municipality: ['Lowell']
Text:
  MassDEP executed a Consent Order with Moujaes, Inc., d/b/a I&M Service for Air Quality violations in Lowell. MassDEP found Moujaes had conducted fraudulent vehicle emission inspections in 2009. A licensed inspector for the station admitted to conducting fraudulent inspections. Based upon inability to pay analysis, the penalty was suspended. The inspection station also signed a "Last Chance Agreement" with the Registry of Motor Vehicles (RMV) and agreed to a stayed, thirty day suspension of its inspection license, which, if violated could result in a complete revocation of its license.


Date: 4/8/10
municipality: ['Westford']
Text:
  MassDEP entered into a Consent Order with a $22,000 Penalty involving Abbot Mill, LLC, for Asbestos and Waste Site Cleanup violations in Westford. MassDEP responded to a call from the Westford Fire Department which stated that oil sheen was observed on Stony Brook in Westford. It was determined by Westford officials that Abbot Mill was the source of the oil spill. Upon arrival at the site, MassDEP observed Abbot Mill employees attempting to clean up the spill. Abbot Mill, however, had failed to notify MassDEP of the oil spill. In addition, MassDEP personnel determined that improper asbestos abatement had taken place at Abbot Mill. Abbot Mill hired contractors to stabilize the oil spill and to properly remove and dispose of asbestos containing material at the site. As a result of the violations and as part of today's Order, Abbot Mill will pay $15,000 with the remaining $7,000 suspended for one year. In addition, Abbot Mill must comply with the all appropriate provisions of the regulations.4/8/10


Date: 4/7/10
municipality: ['Wayland']
Text:
  MassDEP entered into a Consent Order with a $32,090 Penalty involving Shepard's Service for Air Quality (vapor recovery) and Hazardous Waste Management violations in Wayland. Shepard's operated and improperly configured its Stage II vapor recovery system; it failed to conduct annual testing of this system for a four-year period; it continued to dispense gasoline after the Stage II vapor recovery system failed testing in 2007; and, incorrectly certified the system as being in compliance. Shepard's will pay $2,331 and MassDEP has agreed to suspend $29,759 of the Penalty pending compliance.


Date: 4/2/10
municipality: []
Text:
  MassDEP issued a Unilateral Order to the Manchester Essex Regional School District for Wetlands violations at the school on Lincoln Street in Manchester. Violations observed on 3/23/10, resulted from activities associated with the ongoing construction of playing fields at the site of a new school on the property consisting of sedimentation to an intermittent stream and Saw Mill Brook. MassDEP previously issued a cease and desist on 5/7/08, for the same violation. Following that, MassDEP entered into a Consent Order with the District in September of 2008 in which the respondent agreed to the restoration of wetland resource areas and implementation of measures to prevent future erosion and sedimentation to wetland resource areas. However, the original project was authorized by an Order of Conditions (OOC) issued by the Manchester Conservation Commission on 2/27/07. That OOC expired on 2/27/10. No extension of the OOC was requested. Therefore, the ongoing observed work was also being performed without a valid OOC. Today's Order requires respondent to immediately cease and desist all activities on the property within Wetlands jurisdiction except those necessary to correct and mitigate the violations as further specified in the document.


Date: 4/2/10
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with $30,000 Penalty regarding Berna Towing and Auto Repair for Waste Site Cleanup violations at 363 Main Street in Holyoke. Bernardino Tosado, d/b/a Berna Towing and Auto Repair failed to undertake and document the completion of response actions and comply with previously sent notices involving the release and cleanup of oil to the soil and storm drain catch-basin at his auto repair shop. Based on a demonstrated financial-ability-to-pay by the owner of this small repair shop which is located in an economically disadvantaged area, MassDEP has agreed to fully suspend payment of the Penalty, provided Tosado complies with the provisions of today's Order. Pursuant to this Order, Tosado has agreed to document the cleanup of his yard and storm drain and submit cleanup documentation, either a Response Action Outcome in support of a finding of no significant risk, or a permit application to continue cleanup actions (tier classification) within six months.


Date: 4/2/10
municipality: ['Halifax']
Text:
  MassDEP issued a Unilateral Order to Daniel MacAuley for Wetlands violations in Halifax. MacAuley is required to install and maintain erosion controls. The owner of a commercial property on Monponsett Pond had brush-cut and cleared an area adjacent to the pond. After vegetation removal, the owner brought in sand to create a beach. According to the Massachusetts Natural Heritage and Endangered Species Program, the uncontrolled erosion caused an adverse impact to rare freshwater mussel habitat.


Date: 4/1/10
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with an $8,127 Penalty regarding Home Market Foods, Inc., for Air Quality and Hazardous Waste Management violations in Norwood. A multi-media inspection confirmed that Home Market Foods, Inc. failed to obtain a plan approval prior to operating its process oven lines. Home Market Foods, Inc. also failed to properly label a container of liquid waste oil, keep a container of waste oil closed and provide all required information on a hazardous waste manifests. Today's Order ensures the company will operate in compliance with all applicable Air Pollution Control requirements and the Hazardous Waste requirements.


Date: 4/1/10
municipality: ['Marlborough']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding K5 Realty Trust, LLC, for Waste Site Cleanup violations in Marlborough. K5 Realty Trust, LLC, failed to manage soil in compliance with the Activity and Use Limitation (AUL) at this former gas manufacturing facility contaminated with coal tar constituents. The Trust also failed to submit reports within the timeframes allowed by the regulations. In addition to the Penalty, K5 Realty Trust, LLC has agreed to submit a revised AUL along with final cleanup report.


Date: 3/31/10
municipality: []
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving James D. Chandler Jr. and Sally R. Chandler for Wetlands violations at 417 Main Street in Amesbury. MassDEP inspected the site in response to a complaint and found that the owner had poured a large cement multilevel block structure on the mudflat of a tidally flowed portion of the Merrimack River resulting in 100 square feet of Coastal Beach (Tidal Flat) filling. The work was performed without any authorization in an attempt to support a portion of a stone retaining wall/bulkhead in need of repair. Under today's Order, the Chandlers have agreed to the restoration of the Tidal Flat by removal of the concrete structure. MassDEP has agreed to completely suspend the $9,000 Penalty pending a full return to compliance.


Date: 3/31/10
municipality: ['Northfield']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty regarding East Northfield Water Company for Water Supply violations in Northfield. East Northfield Water Company has agreed to address the withholding and late submittal to MassDEP of water quality reports related to its drinking water quality.


Date: 3/29/10
municipality: ['Norfolk']
Text:
  MassDEP executed a Consent Order with Stop River Realty Trust for Waste Site Cleanup violations on Dedham Street property it owns in Norfolk. This location is in 'default' for failure to take steps to address a reported release of oil or hazardous materials. There is reason to believe that the chlorinated solvents present at this property are part of an upgradient release from an unknown location which appears to have affected local groundwater conditions at a number of properties. The Trust has agreed to complete work on a timetable stipulated before 7/1/10. MassDEP plans to audit a number of closed sites in the immediate vicinity to determine if the source of contamination can be readily identified.


Date: 3/29/10
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with a $1,290 Penalty involving Cado Properties Corporation in Fitchburg. MassDEP determined Cado Properties, Inc., the owner of 1B Princeton Road in Fitchburg had violated the Notice of Activity and Use Limitation (AUL) violations related to this property. Today's Order requires corrections to clarify use restrictions, obligations and conditions, and locations of physical barriers to the residually contaminated soil, as well as payment of the Penalty.


Date: 3/29/10
municipality: ['Ashby']
Text:
  MassDEP issued a Unilateral Order to Elwin C. and Janet P. Shepherd for Wetlands violations in Ashby. Under today's Order, the Shepherds are required to stop alteration of wetland resource areas located on the westerly side of Jewett Hill Road in Ashby. Following a request for assistance from the Ashby Conservation Commission, MassDEP inspected the area and observed land-clearing activities occurring within a Bordering Vegetative Wetland and along a stream bank. No permits have been issued for the above work. Today's Order requires the owners to stop work within wetland resource areas, and implement erosion control measures to stabilize soils at the site. They must also hire a wetlands specialist to delineate the wetlands, evaluate the extent of impact to wetland resource areas, and submit a restoration plan to MassDEP for approval. This action will stop further wetland resource area damage and result in stabilization of the site. Additional enforcement is anticipated.


Date: 3/29/10
municipality: ['Wilmington']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty regarding Domenic Saraceno, Jr. - Trustee of the Saraceno Family Trust - for Waste Site Cleanup violations at 603 Main Street in Wilmington. The Trust is the owner and/or operator of the property where violations involved failure to meet deadlines set out in a Notice of Noncompliance issued on 6/9/08. Today's Order requires a phase two report for the site which meets the requirements by 4/30/11 and the payment of the $5,000 Penalty along with a stipulated penalty provision for any missed deadlines.3/29/10


Date: 3/25/10
municipality: ['Lowell']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty regarding the city of Lowell for Waste Site Cleanup violations at 234-266 Mount Vernon Street in Lowell. The city is the owner and/or operator of this property, and where MassDEP had received an Immediate Response Action ("IRA") Plan for the site on 9/21/09. This IRA indicated that as part of the groundwater gauging and sampling event which found petroleum-related product measured at a thickness exceeding 1/2 inch on 11/18/08, a 72-hour reporting condition. However, the City of Lowell failed to report the release to MassDEP within seventy two (72) hours after obtaining knowledge of this condition. Therefore, as of 1/21/10, the city of Lowell was overdue for the submittal of an IRA Status Report as required.


Date: 3/25/10
municipality: ['Belmont']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty regarding Alliance Express for Waste Site Cleanup violations at 41-43 Worcester Street in Belmont. Alliance Express is an oil heat contractor and is responsible for violations at a residential property located at 41-43 Worcester Street in Belmont. Specifically, the violation was for failure to notify MassDEP within 120 days of release of oil and/or hazardous material equal to or greater than applicable reporting concentrations in soil and/or groundwater. The Alliance Express agreed to pay a $4,315 administrative penalty, with an additional $4,315 suspended, pending full compliance with today's Order.


Date: 3/25/10
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $41,150 Penalty involving 84 Irving Street for Asbestos violations in Somerville. MassDEP performed an inspection of the residence and subsequent investigation determined that the homeowner had improperly removed asbestos-containing material from the site. As a result of the violation observed by MassDEP assessed a $41,150 penalty. 84 Irving will pay $2,000 with the remaining $39,150 dollars suspended pending one year of full compliance. MassDEP's homeowner policy was utilized in reaching this settlement.


Date: 3/25/10
municipality: ['Bridgewater']
Text:
  MassDEP entered into a Consent Order with DEMCO Enterprises Realty Trust for Waste Site Cleanup violations at the (former) George E. Keith site at 31 Perkins Street in Bridgewater. DEMCO was previously issued a notice of noncompliance for failure to delineate the nature and extent of contamination at the site and failure to achieve a permanent solution as required. Citing financial constraints, DEMCO has requested additional time beyond that which is established in order to complete the corrective action and submit a final response action outcome. Today's Order establishes a new schedule and deadline (4/29/11) for DEMCO to correct the violations.


Date: 3/24/10
municipality: ['Cambridge', 'Somerville']
Text:
  MassDEP entered into a Consent Order with a $19,000 Penalty regarding CDM Jessberger, Inc. for Hazardous Waste Management violations. CDM Jessberger obtained MassDEP approval to conduct hazardous waste treatability studies at its Cambridge geotechnical laboratory. In January 2009, when CDM Jessberger moved its laboratory operations to Somerville, the company transported hazardous waste samples from its Cambridge site without a valid transporter license and delivered them to its new Somerville lab, which was not authorized to receive them for treatability testing. On another occasion, the company offered samples collected in the field to a hazardous waste transporter that was not licensed in Massachusetts. CDM Jessberger has chosen not to apply for an approval to conduct treatability studies at its Somerville laboratory.3/24/10


Date: 3/24/10
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $5,200 Penalty involving Ameripride Services, Inc. for Industrial Wastewater violations in Worcester. The company failed to apply for and obtain a sewer connection permit, and it operated its wastewater pretreatment system without certified wastewater treatment plant operators. Today's Order in addition to the Penalty, requires the company to comply with all applicable requirements. This action helps ensure the company's Industrial Wastewater undergoes proper pre-treatment.


Date: 3/24/10
municipality: []
Text:
  MassDEP conducted Waste Ban Compliance Professional (WBCP) Training. MassDEP delivered this training session for new inspectors to be accredited as Waste Ban Compliance Professionals (WBCPs) at the Wheelabrator North Andover waste-to-energy facility. Those participating in the training session received instruction on the waste ban regulations, what constitutes a waste ban material, the intent of the regulations, and guidance for recording observations and submitting quarterly monitoring reports to MassDEP. Upon successful completion of training, participants are qualified to conduct third-party assessments of waste ban compliance by trash haulers and generators at waste-to-energy facilities participating in the Class II Recycling Program. WBCPs are present at facilities during all receiving hours and conduct ten random and unannounced inspections per quarter. Additional training is planned for the Covanta waste-to-energy facilities and any third-party consultants interested in becoming accredited WBCPs.3/23/10


Date: 3/22/10
municipality: []
Text:
  MassDEP executed a Consent Order with an $8,625 Penalty regarding Dover Sherborn School District for Groundwater Discharge violations. The Dover Sherborn School District has agreed to address chronic effluent violations of the District's groundwater discharge permit. Today's Order includes a requirement for the District to perform a detailed assessment of their wastewater treatment facility and to take actions to bring the plant into compliance. MassDEP has agreed to suspend the Penalty pending compliance.


Date: 3/22/10
municipality: ['Wakefield']
Text:
  MassDEP executed a (second) Amended Consent Order with Platinum Car Center, Inc. for Waste Site Cleanup violations in Wakefield. Alex Langshteyn, owner of Platinum Car Center Inc., has agreed to an extended timeline for the submittal of a final Response Action Outcome. The extension is needed due to the detection of a condition which requires additional assessment and remediation in order to complete the project. This site has been in the system since 1989.3/22/10


Date: 3/22/10
municipality: ['Ashfield']
Text:
  MassDEP entered into a Consent Order with Double Edge Theatre Productions, Inc. for Water Supply violations in Ashfield. Stacy Klein, as president of Double Edge, has agreed to address the facility's status as a public water system and therefore the requirements for water monitoring, oversight by a certified operator, an emergency plan and source protection and limitations.


Date: 3/19/10
municipality: ['Athol']
Text:
  MassDEP issued a Unilateral Order and a $4,730 Penalty Assessment Notice to Athol-Main Realty Co., Inc., for Waste Site Cleanup violations at 156 Daniel Shays Highway in Athol. Athol-Main is the owner of the property, where there has been a violation of the remedy operation status (ROS) performance standards. Specifically, the violations include


Date: 3/18/10
municipality: ['Adams']
Text:
  MassDEP issued a $5,000 Penalty Assessment Notice to Jae H. Chung, the owner of the former Connie's Cleaners at 35 Richmond Lane in Adams. Chung owns the former dry cleaners facility where there is a failure to clean up known contamination on the property. Chung owns the currently abandoned property, but has failed to undertake cleanup actions at this site in response to MassDEP notices. Previous owners of the property operated a dry cleaning business formerly known as Connie's Cleaners at this location for many years. On 1/30/09 Chung entered into a Consent Order with MassDEP that required the completion of response actions by 7/15/09. The Order contains stipulated penalties for failure to comply. To date, the MassDEP has not received the required documents, and this failure to complete response actions prompts the Department to issue a Demand letter to Chung, with the stipulated penalty in the amount of $5,000.


Date: 3/17/10
municipality: []
Text:
  MassDEP was informed by Hampden County Superior Court of the decision denying James Shields Motion for "Judgment on the Pleadings." Shields had appealed MassDEP's Demand for Stipulated Penalties which MassDEP had issued following Shields' failure to complete the restoration as was required under a Consent Order he signed with MassDEP.


Date: 3/17/10
municipality: ['Shrewsbury']
Text:
  MassDEP issued a Unilateral Order to Pike Realty, LLC for Wetlands violations at 731 Boston Turnpike in Shrewsbury. The company is the owner of property where MassDEP inspectors observed the discharge of silt-laden runoff from the supermarket construction project flowing to an adjacent bordering vegetated wetland. Today's Order requires the company to place appropriate erosion controls to stop the discharge, and to contain and treat the silt-laden runoff. The company is also required hire an erosion control specialist to develop an erosion control plan for the project, and to hire a wetlands specialist to both assess the damage and submit a plan to restore the altered wetlands. Additional enforcement and assessment of an administrative penalty is anticipated.


Date: 3/17/10
municipality: ['Shrewsbury']
Text:
  MassDEP issued a Unilateral Order to Price Chopper Inc. for Wetlands violations at 731 Boston Turnpike in Shrewsbury. Price Chopper Inc. of New York is the developer of property where MassDEP inspectors observed the discharge of silt-laden runoff from the supermarket construction project flowing to an adjacent bordering vegetated wetland. Today's Order requires the Company to place appropriate erosion controls to stop the discharge, and to contain and treat the silt-laden runoff. The Company is also required hire an erosion control specialist to develop an erosion control plan for the project, and to hire a wetlands specialist to both assess the damage and submit a plan to restore the altered wetlands. Additional enforcement and assessment of an administrative penalty is anticipated.


Date: 3/17/10
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding ALD Construction Inc., for Air Quality violations at 1 Broadway in Lawrence. During the inspection and subsequent investigation by MassDEP it was determined that ALD had performed demolition/renovation work without notifying MassDEP as required. As a result, ALD has agreed to pay $500, while MassDEP has agreed to suspend the remaining $500 pending full compliance for a period of one year.


Date: 3/16/10
municipality: ['Dennis']
Text:
  MassDEP issued a Unilateral Order to Northern Sealcoating & Paving, Inc. for Wetlands violations in Dennis. MassDEP received notification on 2/23/10 of a discharge of oily water from an "oil/water separator" to a catch basin and to a receiving surface water body/wetland resource located at the site. Representatives from the Town of Dennis Fire Department and Board of Health observed the oil/water separator being pumped out and the oily water being discharged to the paved surface and a down gradient catch basin, which discharges to the adjacent wetland resource - and owned by the Town. The Fire Department disconnected the pump to stop the discharge and the Board of Health issued a Notice of Violation to the facility to stop the illegal discharge. On 2/24 and 2/25, MassDEP inspected the site and observed a sheen on standing water near the catch basin and on the adjacent surface water/wetland resource. Today's Order requires Northern Sealcoating & Paving, Inc. to immediately cease all unpermitted discharge of any pollutants from the oil/water separator to the surface water/wetland resource and to clean-out the impacted catch basin within thirty days.


Date: 3/16/10
municipality: ['Billerica']
Text:
  MassDEP executed a Consent Order with a $24,876 Penalty involving Dampolo Automotive for Air Quality (vapor recovery) and Hazardous Waste Management violations at 299 Boston Road in Billerica. Dampolo is an automotive service station that dispenses gasoline and conducts automotive towing and service. As a result of a referral regarding a noncompliant underground waste oil storage tank, MassDEP inspected the facility and determined the facility to be in noncompliance with Stage II Air Quality (vapor recovery) regulations as well as Hazardous Waste regulations regarding waste oil and underground injection control (floor drain) regulations. Today's Order requires Dampolo to correct all violations. Today's Order requires Dampolo to pay $5,000 and MassDEP will suspend payment of the remaining $19,876 if after one year the facility remains in compliance.


Date: 3/15/10
municipality: ['Newbury']
Text:
  MassDEP issued a Demand for $250 in Stipulated Penalties to James F. Stanton, Jr. and Patricia D. Stanton for Wetlands violations at 26 Annapolis Way in Newbury on Plum Island. MassDEP issued the Demand for failure to comply with a Consent Order for Wetland Protection Act violations. That Order required certain and specifically-designed (and approved) modifications to a single family residence, the restoration of altered Coastal Dune on a Barrier Beach, and, long-term monitoring and reporting. All of these measures were to take place according to certain deadlines. Deadlines have past and none of the actions required have been performed. The Demand requires payment of a $250 stipulated penalty within 30 days and provides notice of the obligations to immediately comply with the Order.


Date: 3/12/10
municipality: ['Middleton']
Text:
  MassDEP received notice of final resolution involving the Rubchinuk Landfill on East Street in Middleton. Two enforcement cases, which were originally brought in 1976 and 1985, to achieve final cap and closure of an illegal landfill of demolition debris, have reached final resolution. A total of $747,000 in excess receivership funds were distributed to the Executive Office of Energy and Environmental Affairs. In the early 1990's the site was forced to be properly remediated and closed according to all appropriate standards and regulations. This work included design approvals by the Division of Solid Waste and the issuance of a Superseding Order of Conditions and 401 Water Quality Certification by the Wetlands Program. In the late 1990's, a court-appointed receiver secured closure-funding through the sale of a clean portion of the property for residential development, and from fees for accepting excavate for capping and closure material from sources including the Central Artery/Third Harbor Tunnel Project, the MBTA Silver Line Project and the Massport Logan Airport Rehabilitation Project. This process took a number of years, and was completed in 2008, with the property transferred back to the town of Middleton in 2009, along with funds for continuing maintenance. The remaining funds were distributed to EEA. These cases have been handled for the Attorney General's Environmental Protection Division.


Date: 3/12/10
municipality: ['Sandisfield']
Text:
  MassDEP entered into a Consent Order with Villa Mia, Inc., for Water Supply violations in Sandisfield. Miradije Klenja, as president and owner of the Villa Mia Restaurant has agreed to address the restaurant's status as a public water system and the requirements for monitoring, oversight by a certified operator, emergency plan and source protection and limitations.


Date: 3/12/10
municipality: ['Orange']
Text:
  MassDEP entered into a Consent Order with Farm School, a public water system, for Water Supply violations in Orange. Benjamin Holmes, as president and owner of the Farm School, has agreed to address periodic high levels of nitrate in the well used for drinking, public notification to ensure the targeted population is not at risk (infants 6 months and younger), and development of a replacement source. Today's Order follows after a Unilateral Order had been issued one year ago, which required public notice due to elevated nitrate. That Order also required the water system to begin an investigation and develop corrective actions.


Date: 3/12/10
municipality: ['North Adams']
Text:
  MassDEP issued (separate) Unilateral Order(s) to BVS 5401 Investors LLC and Della Concrete Corp., for Wetlands violations in North Adams. MassDEP issued cease-and-desist Orders to the site owner and applicant, BVS 5401 Investors LLC, and the site contractor, Della Concrete Corporation. Site work had been authorized by the Town of North Adams Conservation Commission (NACC) to conduct gravel pit closure work, and the restoration of bank. However, MassDEP found that site construction had commenced without implementation of all the required site erosion and sedimentation control measures in place. A final order of conditions (permit) issued by the North Adams conservation commission had required that site work commence after implementation of proper erosion and sedimentation controls. Today's Orders require a cessation of all site work within the resource area, or work which may alter any resource areas, and the submittal of a Stabilization Plan for this site. Additional action in connection with the site will be coordinated as investigation into the site continues.


Date: 3/12/10
municipality: ['Pembroke']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Lowe's Home Centers, Inc. for Groundwater Discharge violations in Pembroke. Lowe's operates and maintains an on-site wastewater treatment plant that also receives and treats wastewater generated from three other commercial plazas which contribute a significant portion of the flow entering the plant. The discharge is regulated by MassDEP under a ground water discharge permit. As part of a permit renewal process, review of discharge monitoring reports revealed ongoing violations of the permit's total nitrogen and effluent limits. The Order establishes timelines for the upgrade to the treatment plant, implementation of an action plan for other parties and tenants to implement best management practices to reduce the amount of oil, grease and toxics being discharged to the plant, and a deadline for compliance with the discharge limits.


Date: 3/12/10
municipality: ['Wales']
Text:
  MassDEP issued a Unilateral Order to Wales Market for Water Supply violations in Wales. Robert Marchand as the owner of this public water system is required to no longer operate the system above its threshold until MassDEP provides that approval in writing. The system has been the subject of an extended boil-water Order. Today's Order also addresses required testing, disinfection and permit actions that are needed by the water system operator.


Date: 3/11/10
municipality: ['Marlborough']
Text:
  MassDEP entered into a Consent Order with a $53,937.50 Penalty involving Rotation Dynamics Corporation for Asbestos violations in Marlborough. Dynamics Corporation is based in Darien, Illinois, and owns/operates a facility in Marlborough, Massachusetts. During a routine inspection conducted in March of 2008, MassDEP determined that company employees removed a piece of asbestos-insulated process equipment, and left it uncontained in a parking lot at the site. Numerous pieces of dry, friable asbestos insulation were observed uncontained on the ground in the parking area, exposed to the ambient air. Under the terms of today's Order, the company agreed to comply with all applicable regulations in the future, and to pay $30,000 of the Penalty. The remaining $23,937.50 of the Penalty will be suspended provided the company has no additional violations for a one-year period, and that it expends a minimum of $13,000 to complete energy efficiency lighting upgrades at the plant.


Date: 3/11/10
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Amesbury for Waste Site Cleanup violations at 31 Water Street in Amesbury. The town is the owner and/or operator of the property along the Pow Wow River. The specific Waste Site Cleanup violations were failure meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 4/24/09. Today's Order requires a tier classification extension (permit to continue cleanup) submitted by 3/10/10, a phase two (assessment) report by 6/30/10, a phase three by 8/30/10, a phase four by 6/30/11 and a final response outcome by 6/30/12. Today's Order contains stipulated penalty provision for any missed deadlines.


Date: 3/10/10
municipality: ['Fall River']
Text:
  MassDEP executed a Consent Order with Mello's Service Station for Waste Site Cleanup violations at 801 Bay Street in Fall River. Previously, MassDEP had issued Mello's, which owns/operates a facility at the address, a notice of noncompliance relative to the Activity and Use Limitations. A sixty-day deadline was established for the correction of the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary and required tasks and to submit a final response action outcome.


Date: 3/10/10
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty regarding LVI Environmental Services Inc. for Asbestos violations at Wall Experiment Station (WES) on Shattuck Street in Lawrence. MassDEP performed a routine inspection of the ongoing asbestos abatement work at WES, and determined multiple violations. MassDEP requested that LVI shutdown the removal operations. LVI was allowed to restart abatement operations after the violations were corrected. In addition to the Penalty, today's Order requires LVI to fully comply with Asbestos regulations.


Date: 3/10/10
municipality: ['Sturbridge']
Text:
  MassDEP executed a Consent Order with George W. Curboy's Garage, Inc. for Waste Site Cleanup violations in Sturbridge. Today's Order establishes a legally enforceable schedule for the completion of the assessment and remediation activities needed as a result of a release of petroleum at the company's facility. The Garage failed to submit both a phase two and three (assessment) reports within the established timeframe. Previously, MassDEP issued the company a notice of noncompliance, and in response, the company had requested an extended time period to complete the necessary actions. Today's Order incorporates the company's proposed schedule, and includes stipulated penalty provisions should the company fail to comply with the newly established schedule.


Date: 3/9/10
municipality: ['Marshfield']
Text:
  MassDEP issued a Demand for $7,275 Stipulated Penalty to Edward's Corp. LLC for Asbestos violations at 25 Eustic Street in Marshfield. Edwards failed to comply with the conditions contained in a Consent Order entered with MassDEP on 7/9/09. That Order was relative to violations involving the demolition of a building that contained asbestos containing cement ("transite") shingles and floor tiles, which were in violation of several Asbestos, Air Quality and Solid Waste regulations. As part of that Order, Edward's agreed to complete a Supplemental Environmental Project (SEP). Edward's has now violated that agreement by not submitting a written proposal to MassDEP with a description of the SEP and for not completing any SEP in accordance with that agreement. Today's Demand for Stipulated Penalty is for failing to comply with that agreement.


Date: 3/8/10
municipality: ['North Andover']
Text:
  MassDEP executed a Consent Order with Alcatel-Lucent USA, Inc. for Waste Site Cleanup violations at the former Lucent Technologies MVW facility at 1600 Osgood Street in North Andover. Specifically, today's Order requires that Alcatel-Lucent USA submit either a final response action outcome statement or remedy operation status to MassDEP by 5/5/10. This site was originally listed in 1986 after a reported detection of volatile organic compounds in groundwater.


Date: 3/4/10
municipality: ['Hopedale', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $28,625 Penalty regarding Water Falls Construction and Landscaping, Inc. for Asbestos violations in Worcester. MassDEP in April 2008 inspected the site in Worcester where the Asbestos violations by Water Falls Construction and Landscaping, Inc. of Hopedale were noted. Under the terms of the Order, the company has agreed to comply with all applicable regulations in the future, and to pay $7,500. MassDEP has agreed to suspend the remaining $21,125 provided the company does not have any additional violations in the next year.


Date: 3/3/10
municipality: ['Andover', 'Shrewsbury']
Text:
  MassDEP entered into a Consent Order with a $4,600 Penalty involving Ramandeep, Inc., for Surface Water Discharge violations in Shrewsbury. Ramandeep Inc., which is based in Andover, violated Surface Water Discharge Permit Regulations in October 2009 at the BollyWood Grill in Shrewsbury. MassDEP personnel observed evidence of illicit discharges of fat, oils and grease from the restaurant's outdoor grease trap that had entered a municipal storm drain connected to Tilly Brook, a tributary to Lake Quinsigamond. At that time, MassDEP issued a Unilateral Order to Ramandeep requiring that it take immediate measures to prevent further illicit discharges to local surface waters. As final settlement in this matter, Ramandeep will implement regular inspection and pump-out of the grease trap in accordance with a schedule approved by Shrewsbury, and it will ensure that restaurant employees are properly trained on the proper disposal of fats, oil and grease. This action will result in reduction of pollutants entering the Tilly Brook/Lake Quinsigamond watershed.3/2/10


Date: 2/26/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $17,500 Penalty involving Vincent Mofford for Wetlands violations at 2 Bloomfield Street in Middleboro. Mofford was cited for the construction of a 12-foot driveway and all-terrain vehicle track within bordering vegetated wetlands without a valid order of conditions (permit). MassDEP agreed to fully suspend the Penalty under the Homeowners Policy. Mofford has agreed to remove all fill and fully restore all wetlands.


Date: 2/26/10
municipality: ['Ipswich']
Text:
  MassDEP joined with the Ipswich Police Department to identify two individuals who admitted to dumping waste oil into a brook that runs through Willowdale State Forest in Ipswich. The two men were charged with dumping oil that contaminated thousands of square feet of surface water, and they were required to pay for the cleanup and perform community service. At the pre-trial conference, the case was continued without a finding (CWOF), with defendants agreeing to probation, the payment of $4,000 for an environmental study, and the payment of over $12,000 for clean up and restoration of the impacted wetland. Defendants are also required to perform community service.2/26/10


Date: 2/26/10
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with a $102,230 Penalty involving J.B. Silva Company for Hazardous Waste Management violations at 61 Nichols Street in Danvers. Today's Order became effective through a final decision issued by Commissioner Burt. MassDEP originally inspected J.B. Silva Company on 7/21/09, after receiving a call from EPA's Emergency Response Unit. At the time of inspection, J.B. Silva Company had a Class B, precious metals recycling permit and was a licensed precious metals transporter. Some of the violations discovered during the inspection included storing hazardous waste and waste oil without a license, transporting hazardous waste and waste oil without a license, conducting precious metals recycling operations from 1/1/00, to 10/3/07, without a valid permit; improperly labeling of hazardous waste and regulated recyclable material containers; hazardous waste containers not in good condition; failing to store hazardous waste containers on an impervious surface; lacking proper hazardous waste training and weekly inspection records; failing to submit annual recycling reports; and, finally, no contingency plan onsite for the recycling operations. As a result of the initial inspection, the company was required to have all hazardous wastes and barrels removed from the facility, which was located in a residential area. MassDEP deployed staff to this facility several times over a four-week period. J.B. Silva Company's recycling permit and transporter license were revoked via Unilateral Orders on 9/17/09 and 10/9/09. Today, following the appeal of these Unilateral Orders, and settlement discussions, J.B. Silva Company has agreed to pay a $102,230 administrative penalty with $6,600 of that amount related to avoided (or non-payment) of hazardous waste compliance fees. J.B. Silva Company's precious metals recycling permit and transporter license were revoked and J.B. Silva Company is barred from applying for any class or category of license or permit for a period of two years.


Date: 2/26/10
municipality: ['Waltham']
Text:
  MassDEP executed a Consent Order with a $20,250 Penalty involving Loreto & Ann M. Antonellis for Wetland violations property at 101 Waverly Oaks Road, and adjacent land, in Waltham. MassDEP became involved with the case at the request of the Waltham Conservation Commission. Upon inspection, staff found that approximately 350 square feet of bordering vegetated wetland, 500 square feet of bordering land subject to flooding and 9,180 square feet of riverfront area were altered by clearing, grading, and placement of gravel to enlarge a parking area. The work was performed over several years by a tenant, a contractor and landscaping company, with the knowledge of Antonellis. A major portion of the expanded parking area and the violations occurred on the abutting property owned by the City of Waltham under the care and custody of the Conservation Commission. Today's Order requires full restoration of all resource areas, including long-term monitoring. MassDEP has agreed to suspend $15,750 of the Penalty provided the site is in compliance on/by 10/31/12.2/26/10


Date: 2/26/10
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Bard College at Simon's Rock for Water Pollution Control violations in Great Barrington. The college has agreed to upgrade its sewage collection system and to eliminate a large septic system (Title 5). The large septic system was not abandoned in 1975 when the majority of the college connected to the municipal sewers. The agreement sets a schedule for the upgrade and/or abandonments for parts of its collection system. MassDEP has agreed to fully suspend the Penalty provided the terms of the Order are followed.


Date: 2/26/10
municipality: ['Sheffield']
Text:
  MassDEP issued a Water Emergency Declaration and a $2,300 Penalty to Option Institute and Fellowship for Water Supply violations in Sheffield. The Institute, which is a public water system, was issued the Declaration and Penalty for failure to notify MassDEP or the local board of health regarding an emergency, and its connection of an unauthorized source of water (a well driller's trucked water) to the public water system. MassDEP issued a Do-Not-Use Order and a Declaration of Water Emergency in response to this incident. The Institute has agreed to a payment of $500, with the remainder ($1,800) suspended, provided the Institute complies with all terms of the Order which includes corrective steps to take to address the situation and prevent a recurrence.


Date: 2/26/10
municipality: ['Lee']
Text:
  MassDEP entered into a Consent Order with Laurel Lake Water Power, LLC (LLWP) and Schweitzer-Mauduit International, Inc (Schweitzer) in connection with Wetlands violations at the Laurel Lake Dam in Lee. LLWP is the current owner and was penalized $4,000; Schweitzer is the prior owner and was penalized $6,085. Each undertook an unpermitted drawdown of the lake through mechanical manipulation of controls at Laurel Lake Dam. In addition, Schweitzer placed riprap on the dam, reconstructed the emergency spillway and conducted grading of 5,000 square feet of bordering vegetated wetland. LLWP will restore the BVW by 7/31/10, remove unnecessary rip rap and provide public on-foot passage along the 'high water mark' across the site. The Order further requires that LLWP not undertake any additional work, including lowering of the lake, without a valid permit (i.e., final order of conditions) issued by the local (Lee) conservation commission, or an emergency authorization, and issuance of a valid general license under the Public Waterfront Act. MassDEP has agreed to suspend $2,500 of LLWP's Penalty provided all terms are met; and, $3,585 of the Schweitzer Penalty provided all terms are met.


Date: 2/24/10
municipality: ['Brockton']
Text:
  MassDEP executed a Consent Order with an $8,630 Penalty involving the Brockton Waste Water Treatment Facility for Waste Site Cleanup violations at 303 Oak Hill Way in Brockton. A contractor operating the Brockton Waste Water Treatment Facility, Veolia Water North America, Northeast LLC, released 52 gallons of a 32% solution of ferric chloride onto soil outside the second chemical station. MassDEP was initially notified via email on 6/15/09 of this release, which had occurred on 6/13/09. A release of ferric chloride in this quantity under state regulations requires notification within two hours.


Date: 2/23/10
municipality: ['Somerville']
Text:
  MassDEP executed an Amendment to an existing Consent Order with a $2,000 Penalty involving HADDAD Service Station Inc. for Waste Site Cleanup violations at 205 Broadway in Somerville. The owner of the property, has agreed to the Penalty which includes extending the deadline for submittal of the phase four report for the cleanup of the site to 7/13/10 and the final response action outcome statement for the site by no later than 7/13/11.


Date: 2/22/10
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with the city of Waltham to address unpermitted sanitary sewer overflows (SSOs) in the city. Today's Order, which supersedes a previous Consent Order of 1/31/05, is due to the discharge of pollutants to waters of the Commonwealth which violate state regulations. Today's Order requires the city to continue administering a "Sewer Bank" and manage sewer permitting to reduce infiltration and inflow into the sewer system and thereby minimize SSOs. The city agreed to proceed with five (5) sewer system improvement projects outlined in the draft facilities plan that would reduce SSOs due to wet weather events. These sewer system improvement projects are expected to cost the city an estimated $14 million over the next five years. The city shall submit a phase one (assessment) report providing a performance review of the sewer system overflow abatement work. The city shall also complete the final sewer system facilities plan and submit semi-annual reports to MassDEP on the status of work outlined in today's Order.


Date: 2/22/10
municipality: ['Dartmouth']
Text:
  MassDEP executed a Consent Order with a $2,865 Penalty involving Dartmouth Nissan, Inc. d/b/a Barry's Dartmouth Nissan-Volvo, in Dartmouth. In September 2009, MassDEP conducted a site inspection at the Dartmouth car dealership and observed Hazardous Waste Management violations relative to waste storage requirements, a groundwater discharge regulation violation regarding vehicle wash water, and violations of the underground injection control regulations regarding floor drains in the auto repair center. Today's Order includes an aggressive schedule for compliance.


Date: 2/18/10
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving Blanchard Septic Tanks Systems, Inc. for Water Pollution Control violations in Springfield. WERO)


Date: 2/18/10
municipality: ['Lexington']
Text:
  MassDEP was notified that Suffolk Superior Court issued a judgment in a case involving John and Diane Sellars, of 430 Concord Avenue in Lexington. The Court ordered the Sellars to restore wetlands they destroyed and to pay a $100,000 penalty; $25, 000 to be paid in 30 days plus $75,000 suspended upon full compliance with the final court order. The judgment requires the Sellars to escrow $90,000 toward performance of the restoration. This decision comes after a June 2009 ruling that determined the Sellars were liable under the Wetlands Protection Act for the destruction of wetlands on 430 Concord Avenue and on adjacent public conservation land, since at least the early 1990s, as well as for violations of the Solid Waste Management Act. The Sellars altered approximately one acre of bordering vegetated wetlands, riverfront area to Hardy Pond Brook, and the Bank of an intermittent stream. The area was altered by culverting, filling and grading with concrete rubble, trees, and other material despite repeated orders from the Lexington Conservation Commission (LCC) and MassDEP to restore the wetlands. The Sellars have also been receiving deliveries of parking lot sweepings, construction rubble, and other materials at their Lexington property for use as fill or in their loam-making business without authorization. In its decision, the court considered many factors including economic benefit and the financial resources of the Sellars and stated that fashioning a remedy which restores the wetlands was its most important consideration and priority. The LCC initially referred this matter to MassDEP at which time the site had already been identified as a site to be investigated under the Wetland Change Initiative. The AG's 0ffice became involved shortly thereafter.


Date: 2/12/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $30,460 Penalty involving F.L. Roberts & Co. for Hazardous Waste Management violations at seven of its western Massachusetts' Jiffy Lube stores. The violations included failure to submit a Class A Recycling Notification form for waste oil space heaters, and noncompliance with various hazardous waste management requirements. Under today's Order, F.L. Roberts Co. has agreed to develop an Environmental Management System for its western Massachusetts' Jiffy Lube stores. MassDEP has agreed to suspend $22,460 of the Penalty pending full compliance with today's Order.


Date: 2/12/10
municipality: ['Clarksburg']
Text:
  MassDEP has concluded a Consent Order with the town of Clarksburg for Water Supply violations in Clarksburg at the town's Senior Center. The Center serves as a public water system. Under today's Order, the Senior Center agrees to register as a public water system and comply with water quality testing and other operational requirements. It also provides a period in which the well can be used to allow the development of the Senior Housing and a well serving both the Senior Housing and Senior Center.2/12/10


Date: 2/12/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Garelick Farms, LLC for Air Quality, Hazardous Waste Management and Industrial Wastewater violations in Franklin. The Company failed to operate its wastewater pretreatment system with adequately licensed staff. It failed to notify MassDEP of an emergency by-pass of the wastewater pretreatment system. It discharged pollutants which interfered with the operation of the Charles River Pollution Control District's treatment facility. It failed to design the wastewater pretreatment system to prevent intentional diversions. Also, it failed to have adequate wastewater pretreatment operator coverage. In addition, the company stored waste oil longer than its registered status allowed, and it failed to adequately keep Air Quality reports. Today's Order requires the Company to comply with applicable regulations, many of which were corrected very quickly. This action will help ensure that the company's extensive wastewater pretreatment system is adequately staffed and operated.


Date: 2/12/10
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with a $1,808 Penalty involving Saint Gobain Containers, Inc. for Industrial Wastewater, Toxic Use Reduction Act and Hazardous Waste Management violations in Milford. The company failed to apply for and obtain a MassDEP-issued sewer connection permit, and it failed to comply with numerous Hazardous Waste Management and Toxics Use Reduction requirements. In the Order, the company has agreed to comply with applicable regulations, pay a $1,808 Penalty. In addition, Saint Gobain has agreed to perform a Supplemental Environmental Project (SEP) valued at $5,424. Under this SEP will be used toward the purchase of a stand-alone trailer and equipment which will be donated to the Milford Police Department to help them address large scale emergencies. Emergencies that require re-routing of traffic or the establishment of an emergency management control point. This action will help ensure that the company complies with applicable regulations, while providing the town with an important tool to better respond to emergencies.


Date: 2/12/10
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with a $3,230 Penalty involving ULS of New England, LLC, for Industrial Wastewater violations at 65 Manchester Street in Lawrence. During an unannounced inspection at ULS of New England, LLC, an industrial and commercial laundry facility, MassDEP found the facility failed to apply for a MassDEP sewer connection permit while discharging greater than 50,000 gallons per day, and combined sanitary and industrial flow into the Greater Lawrence Sewerage District, a publicly-owned treatment works. In addition to the Penalty, ULS of New England, LLC has agreed to apply for the proper sewer connection permit, which has since been received at MassDEP.


Date: 2/12/10
municipality: ['Lowell']
Text:
  MassDEP executed a Consent Order with Boott Mills 246.1 Market Street for Waste Site Cleanup violations at 246.1 Market Street in Lowell. As owner and/or operator of the property, which was formerly part of the power plant for former Boott Mills Factory, the respondent was found to have failed to meet deadlines set out in a notice of noncompliance issued by MassDEP on 12/23/09. Today's Order requires a phase two report by 12/30/10; a phase three report by 2/28/11; a phase four report by 5/31/11; and, a final response action outcome statement by 2/29/12. Today's Order contains a stipulated penalty provision for any missed deadlines.2/11/10


Date: 2/11/10
municipality: ['Westford']
Text:
  MassDEP executed a Consent Order with Urban Design & Development Corporation for Waste Site Cleanup violations in 10 North Main Street in Westford. The company is the owner of the subject property, where the violations cited were for failure to meet the deadline set out in a MassDEP notice of noncompliance issued on 10/1/09. Today's Order establishes deadlines for submittal of an immediate response action status report or completion statement. In addition, deadlines for submitting a phase two, three and four submittals, and a final response action outcome statement. Today's Order contains a stipulated penalty provision for any missed deadlines.


Date: 2/10/10
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with a $41,510 Penalty involving E. H. Porter Construction, Inc. for Wetlands violations at 15 Wallis Street in Peabody. Porter received a local order of conditions (permit) to remove a pile-supported building that existed over a canal portion of the North River. It also allowed Porter to build a new commercial building with parking lot, with portions also located over the canal but with no alterations to the canal/river. Prior to the demolition, Porter received an amended order that authorized relocation of the entire alignment of the canal/river across the site. When work began on the site, a complaint was received by the US Army Corps of Engineers ("ACOE") regarding work violations, including no erosion controls, within the canal/river. The ACOE issued Porter a cease-and-desist order. MassDEP inspected the site, at the invitation of the ACOE, and found that the work was performed in violation of the site's approved order. Without having obtained any approval, Porter had altered approximately 250 square feet of land under a waterway, 3,500 square feet of bordering land subject to flooding and 1,000 square feet of riverfront area. Today's Order requires implementation of revised plans that reflect the project being constructed with no realignment of the canal/river, restoration of all altered resource area functions, upgrade of the proposed (parking lot) stormwater treatment with an operations and maintenance plan. Further that all Wetlands work is done in accordance with its permits and properly reflect such requirements. Porter has agreed to pay $20,000 and MassDEP has agreed to suspend $21,510 provided that two years of restoration monitoring is done.


Date: 2/9/10
municipality: ['Sandisfield']
Text:
  MassDEP entered into a Consent Order with the owners of the New Boston Store, Peter & Sue Murray, relative to Water Supply regulations at this facility in Sandisfield which serves as a public water system.2/8/10


Date: 2/8/10
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order involving Superior Cleaners for Environmental Results Program (ERP) violations at its dry-cleaning operation in Springfield. As part of the agreement, the company will be required to correct the violations, pay back annual compliance fees totaling $1,250 for the years 2005-2009 as well as resolve two previously-issued Penalty Assessment Notices for failure to submit its ERP certification for the years 2005 and 2006 in the amount of $1,000 plus $50 in interest.2/5/10


Date: 2/5/10
municipality: ['Pittsfield']
Text:
  MassDEP issued a Demand for $4,500 for violations of a Consent Order involving Anthony J. Crea for Waste Site Cleanup violations in Pittsfield. Crea is the owner and operator of the property at 483 West Housatonic Street, on 11/7/08. Specifically, violations addressed in the Order were for failure to submit a tier classification submittal or a final response action outcome statement after the one-year regulatory deadline had expired. Crea has now failed to submit either a tier classification submittal or an RAO submittal in accordance with deadlines. To date, MassDEP has not received the required documents. For his failure to comply, MassDEP issued today's Demand.


Date: 2/4/10
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with Astro Washington Realty Trust for Waste Site Cleanup violations at the former Easton Dry Cleaners at 690 Washington Street in Easton. Robert Alkon as trustee for the site owner(s) failed to meet a deadline established in a notice of noncompliance that was issued on 11/16/09. The trustee (as owner and responsible party) was required to submit a five-year periodic review opinion for the class response action outcome for the site by 1/4/10. The owner notified MassDEP that he would be unable to comply with the deadline. Today's Order establishes a new timeline for submittal of a five-year periodic review opinion of the final response action outcome.


Date: 2/4/10
municipality: ['Plainville']
Text:
  MassDEP executed a Consent Order with a $500 Penalty involving Wentworth Hills, LLC, for Drinking Water violations in Plainville. Wentworth Hills, LLC owns and operates an unregistered public water system (Wentworth Hills Golf Club), located at 27 Bow Street in Plainville. Under today's Order, Wentworth Hills, LLC has agreed to register Wentworth Hills Golf Club as a public water system and take corrective actions in order to comply with Massachusetts Drinking Water Regulations.


Date: 2/3/10
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $32,500 Penalty involving Connecticut Valley Sanitary Waste Disposal (SVSWD) Inc. for Solid Waste violations in Chicopee. CVSWD has agreed to address odor issues at their solid waste landfill located in Chicopee. Under the terms of the Consent Order, CVSWD will conduct an ambient air risk assessment, make several flare/blower modifications, and take additional odor mitigation efforts upon direction of MassDEP.


Date: 2/2/10
municipality: ['Hamilton']
Text:
  MassDEP entered into an Amended Consent Order with Hamilton-Wenham Regional School District for Water Pollution Control violations in Hamilton. MassDEP requires Hamilton-Wenham Regional School District to upgrade its wastewater treatment plant in order to attain compliance with its groundwater discharge permit. The wastewater treatment plant serves the regional High School and the Miles River School. The School District previously was assessed a $15,000 penalty of which $7,500 was suspended pending compliance.2/2/10


Date: 2/2/10
municipality: ['Lincoln', 'Marlborough']
Text:
  MassDEP executed a Consent Order with an $8,630 Penalty involving Lincoln & Mechanic Realty Trust for Waste Site Cleanup violations at its vacant property located at the corner of Lincoln and Mechanic Street in Marlborough. MassDEP audited the closure statement, for this property (the remedy operation status) which included the cleanup activities conducted by the Trust in 2007. MassDEP identified violations which the Trust did not correct in response to a 2007 notice of noncompliance. Specifically, the extent of the release of petroleum was not delineated adequately, the available information did not support the chosen remedy of 'monitored natural attenuation', Further, the MNA was not being conducted consistently with state, federal and industry guidance. The Trust has subsequently undertaken additional assessment to fully delineate and characterize contamination at down-gradient properties. Today's Order requires the Trust to submit a final response action outcome statement by no later than 4/22/10 and to pay $1,500 of the Penalty. The remaining $7,130 will be suspended provided the Trust does not further violate those requirements during the next year.


Date: 2/2/10
municipality: ['Bellingham']
Text:
  MassDEP issued $25,000 Penalty Assessment Notices to, Matthew Berard and Kyle Bruyere for Hazardous Waste Management violations in Bellingham. Berard of North Smithfield, RI and Kyle Bruyere of Pascoag, RI, were issued the Penalty for intentionally discharging hazardous waste (waste oil) to the ground in February 2008. The men dumped approximately 30 gallons of oil from an above ground heating oil tank onto the ground at the former Bellingham Drive-in property so that they could turn in the tank for its scrap metal value. The owners of the property were required to retain a hazardous waste cleanup contractor to remediate the spill.


Date: 2/1/10
municipality: ['Framingham']
Text:
  MassDEP was notified that Middlesex Superior Court sentenced the operator of a Framingham auto repair shop who pleaded guilty to issuing state inspection stickers for vehicles that would not have passed their emissions tests. Samuel Bicalho of ZE Carlos Auto Repair admitted that he issued stickers for vehicles he did not inspect on at least four occasions. An Environmental Strike Force investigation found that he would perform an emissions test on one vehicle and then use the results to issue a passing inspection sticker to another that was brought in for inspection. The practice, known as "clean scanning," undermines the purpose of the emissions test, can lead to increased air pollution, and is illegal. Investigators determined that Bicalho, a licensed state inspector, issued the false stickers at his shop or at a nearby restaurant at significant mark-ups. Judge Wendie Gershengorn sentenced him to two years of probation and ordered him to pay the Commonwealth $10,000 for the cost of prosecution. She also barred Bicalho from conducting vehicle inspections during his probation.


Date: 1/29/10
municipality: ['Fall River']
Text:
  MassDEP executed a Consent Order with New England Gas Company for Waste Site Cleanup violations at its Fall River facility at 120 Charles Street. In response to a Notice of Delay in Response Action Deadlines submitted by the New England Gas Company, MassDEP determined that the party could not meet the deadlines due to the complexity of the former site. Given manufactured gas plant sites are generally complex in nature, Mass DEP agreed to extend response action deadlines at this site further allowing additional time to assess and remediate the site. MassDEP recognizes that the New England Gas Company has displayed a good faith effort, and a commitment to complete the assessment and cleanup requirements.


Date: 1/29/10
municipality: ['Cambridge']
Text:
  MassDEP issued a Unilateral Order and a $48,500 Penalty Assessment Notice to Charles Passage, LLC, for Waste Site Cleanup violations at 110 Second Street in Cambridge. Charles Passage, LLC is the owner of the property, where it has failed to submit an Immediate Response Action Plan and status reports within timelines specified. Also, the failure to submit Phase II and III within two year and a Phase IV within  three years of the effective date. Today's Order requires Charles Passage to return to compliance beginning 2/26/10, and ending 2/6/11, with the submittal of final closure. Charles Passage is also required to pay the Penalty within sixty (60) days from the date of issuance.


Date: 1/29/10
municipality: ['Pittsfield']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving three transit agencies - Berkshire Transit Management, Inc., First Transit, Inc. and the Berkshire Regional Transit Authority - due to Waste Site Cleanup and Hazardous Waste Management violations in Pittsfield. MassDEP found the aforementioned transit agencies failed to notify MassDEP within two (2) hours of becoming aware of a 40-gallon diesel fuel spill that occurred at 67 Downing Parkway in Pittsfield on 4/17/09 at 7


Date: 1/26/10
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $19,837.50 Penalty involving Linde of North America for Waste Site Cleanup violations at 651-677 Huntington Avenue in Boston. Specifically, the company, which is based in Murray Hill, New Jersey, failed to report to MassDEP a release of approximately 1,200 gallons of liquefied nitrogen that occurred at this facility on 12/23/08. Linde had just completed delivery to storage tanks at this facility. Linde acknowledged the release resulted from a tank overfill by its delivery personnel. Linde will pay $10,000 of the penalty, while MassDEP will suspend the remaining $9,837.50 if Linde develops within 45 days a plan for notifying and responding to releases of oil or hazardous materials.


Date: 1/25/10
municipality: ['Lincoln']
Text:
  MassDEP executed a Consent Order with a $7,000 Penalty involving Robert Tracey for Waste Site Cleanup violations at 131 Cambridge Street in Lincoln. Tracey is owner/operator of a gasoline station site at the address where he had hired a contractor to conduct excavation activities to remove a septic tank within an area of contaminated soil without first submitting a Release Abatement Measure (RAM) Plan as required. Tracey agreed to the payment of a $5,750 in three installments over the course of a year, with an additional $1,250 Penalty suspended pending completion of all activities required.


Date: 1/22/10
municipality: ['Upton']
Text:
  MassDEP Commissioner Laurie Burt issued a Final Decision accepting a Settlement Agreement relative to the case of Jennifer M. Cook Company, Inc. for Air Quality violations in Upton. Today's decision resolves the appeal of a $32,197 Penalty to the Upton-based landscaping operation issued on 6/19/09. The Penalty was issued as a result of the inability to reach a negotiated settlement involving violations of Air Quality and Solid Waste Management violations after a June 2007 fire at the facility. Under the terms of today's Final Decision, the company will comply with all applicable environmental regulations, pay a $5,500 Penalty and conduct/perform a Supplemental Environmental Project valued at $16,500. Under this SEP, the company will purchase items for the town of Upton including


Date: 1/22/10
municipality: ['Salisbury']
Text:
  MassDEP executed a Consent Order with a $3,800 Penalty involving Safety-Kleen Systems, Inc. for Air Quality and Hazardous Waste Management violations at 90 Rabbit Road in Salisbury. MassDEP found violations included an improperly labeled hazardous waste container, missing a weekly inspection, and not having air records up to date as required by its plan approval issued by MassDEP. Safety-Kleen was cited for similar violations in a Notice of Noncompliance issued in October of 2006. Safety-Kleen Systems, Inc. has agreed to pay $3,150 with $650 suspended pending a one-year compliance period.


Date: 1/21/10
municipality: ['Billerica']
Text:
  MassDEP issued a Unilateral Order to Om Temple, Inc. for Wetlands violations on Boston Road in Billerica. Pending review of a request for a Superseding Order of Conditions to construct a project on the site, work was initiated and performed on the property in the buffer zone that included clearing of vegetation, construction of a large tent platform and laying down gravel for parking. MassDEP discovered the activity when responding to a complaint and issued a cease and desist in June 2009. Today's Order requires the removal of gravel, restoration of vegetation, control of invasive species and continued monitoring. The Temple will pay $1,000 of the Penalty with the remaining $1,000 suspended pending compliance.


Date: 1/21/10
municipality: ['Millbury', 'Worcester']
Text:
  MassDEP issued a Notice of Intent to Assess a $20,400 Civil Administrative Penalty to Cliff Fogg of Millbury for Asbestos violations observed during an inspection of a project that Fogg conducted at the AM Castle and Company facility located in Worcester.


Date: 1/20/10
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with a $10,750 Penalty involving Paradigm Design-Build, LLC, for Wetlands violations in Hadley. Paradigm Design-Build, LLC, obtained a Superseding Order of Conditions for the construction of a retail store in Hadley. However, Paradigm Design-Build, LLC was found to have exceeded the Order by filling 907 square feet of bordering vegetated wetlands along Route 9. Paradigm must restore areas impacted by the unauthorized construction by no later than 5/31/10 and submit an "as built" site plan.


Date: 1/20/10
municipality: ['Avon']
Text:
  MassDEP executed a Consent Order with a $109,464 Penalty involving Cuming Corporation for Air Quality and Hazardous Waste Management violations at its facility in Avon. Cuming Corporation and its subsidiary Cuming Microwave Corporation were found to have violations and submitted a self-disclosure letter. A multi-media inspection by MassDEP in response confirmed that the operation failed to install a regenerative thermal oxidizer after meeting criteria required by their plan approval. This caused an exceedence of volatile organic compounds and hazardous air pollutants emission limits identified in their plan approval, and exceeded raw material usage limits and began construction of an expanded production line without the required plan approval prior to operation. The facility also accumulated a drum of hazardous waste in excess of the 180-day period of accumulation and had hazardous waste management violations related to labeling, training, weekly inspections and emergency contact lists. Today's Order ensures compliance with the requirements.


Date: 1/19/10
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Impresair Environmental for Asbestos violations at 1066 Cambridge Street in Cambridge. MassDEP responded to a complaint of improper asbestos removal at this address on a Friday night. During the initial inspection MassDEP personnel were unable to gain entry into the site. A follow-up inspection was conducted the next morning (Saturday) by MassDEP. MassDEP observed violations of the asbestos regulations which resulted from Impresair's personnel improper asbestos abatement techniques. Impresair has agreed to pay $1,500 of the Penalty with the remaining $1,500 suspended pending compliance for a one-year period.1/19/10


Date: 1/19/10
municipality: ['Spencer']
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty involving the Town of Spencer for Wetlands violations on Depot Trail off South Spencer Road in Spencer. The Spencer DPW had obtained an approval to conduct work in the area where Depot Trail crosses Cranberry River. MassDEP, however, inspected the work area, and observed that activities were conducted beyond what was allowed in its approval. The violations resulted in the breach of the adjacent beaver dam and exposed Land Under Water. Today's Order requires placement of controls to prevent soil erosion and maintain re-filling of the beaver pond. The Spencer Highway Department will attend a wetlands workshop and prepare a generic Notice of Intent for future roadway and culvert maintenance activities, as part of today's Order. MassDEP agreed to fully suspend the $3,500 Penalty pending compliance including 50 linear feet of 'stream bank' and 2,500 square feet of 'land under water' to be restored.


Date: 1/19/10
municipality: ['Charlton']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving Saint Mark Coptic Church for Wetlands violations at their facility, the Holy Virgin Mary Spiritual Vineyard Retreat Center, located on Gould Road in Charlton. MassDEP identified alteration of a stream bank from the drawdown of Wee Laddie Pond and construction of a roadway on the site that altered bordering vegetated wetlands. The activities were conducted without a permit from MassDEP or the Charlton conservation commission. Today's Order requires the facility to obtain an order to properly manage water levels in the pond, complete restoration of the altered wetland in accordance with the approved plan, and comply with the requirement of the Department of Conservation and Recreation's Office of Dam Safety regarding inspection and maintenance of the dam on Wee Laddie Pond. This action will result in the restoration of the altered area.


Date: 1/19/10
municipality: ['Southborough']
Text:
  MassDEP executed a Consent Order with a $54,937.50 Consent Order with ALCS of South Carolina for Asbestos violations in Southborough. During an inspection in July 2008, MassDEP determined the violations occurred during a scrap metal salvage operation conducted by the company at the former Allied Cold Storage property in Southborough. Under the terms of the settlement the company will pay $15,000 of the Penalty with the additional $39,937.50 of the Penalty suspended due to the company's small business status, but provided no further violations occur over the next year. In a previous, but related, matter the property owners (Equity Industrial Allied South LLC, Equity Industrial Allied South Limited Partnership, South Shore Allied South LLC) have already entered into a Consent Order with MassDEP in April 2009 that required payment of a $48,648.00 Penalty.


Date: 1/19/10
municipality: ['Westborough']
Text:
  MassDEP entered into a Consent Order with a $4,350 Penalty involving Brendon Properties Three, LLC for Asbestos violations in Westborough. The company failed to notify MassDEP on an asbestos removal project it conducted in May 2009. Brendon Properties dismantled a greenhouse containing asbestos-containing transite panels on a property that it owns in Westborough. However, the company self reported its violation. Under the terms of the settlement, the company will pay $1,000 with the remaining $3,350 Penalty suspended provided that they have no further violations for one year.


Date: 1/19/10
municipality: ['Williamsburg']
Text:
  MassDEP executed a Consent Order with the Williamsburg Water Department (the Board of Water Commission) in Williamsburg for Water Supply violations. The violations concern repeated detection of total coliform in its distribution system. The Order includes response requirements should there be any additional exceedence of total coliform standard before December 2010.1/19/10


Date: 1/15/10
municipality: ['Westfield']
Text:
  MassDEP concluded a Consent Order with the Massachusetts Foundation for Learning Disabilities, Inc., operators of the White Oak School in Westfield, concerning repeat detention of total coliform in its distribution system. Today's Order requires specific response requirements should there be any additional exceedence before December 2010.1/15/10


Date: 1/14/10
municipality: ['Wakefield']
Text:
  MassDEP executed an Amendment to an existing Consent Order with June Sheridan for Waste Site Cleanup violations in Wakefield. The amended Order extends the timeline for submittal of a final Response Action Outcome. The extension is needed due to a non-aqueous phase liquid condition. This detection requires additional assessment and remediation in order to complete the project. This site has been in the system since 1989.1/14/10


Date: 1/13/10
municipality: ['Westfield']
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty involving Cloots Auto Body for Air Quality violations in Westfield. MassDEP determined the company engaged in open burning of solid waste at its facility in Westfield on 5/29/09 as thick black smoke was emanating from the facility. A subsequent response by the Westfield Fire Department confirmed that Cloots' personnel were burning old rugs and other debris. According to the Westfield Fire Department, Cloots had conducted open burning at its facility on several occasions. As part of the Order, Cloots has agreed to pay $750 of the Penalty with the remaining $1,750 suspended pending full compliance.


Date: 1/13/10
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving Preventive Maintenance Specialties for Industrial Wastewater and Hazardous Waste Management violations at its Dollar Avenue facility in Wilbraham. MassDEP inspected the facility and found an unpermitted industrial wastewater discharge through a septic system to the ground. In addition, the company had improper hazardous waste registration, as well as storage and labeling violations. The company, 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, Preventive Maintenance Specialties has agreed to pay $1,500 of the Penalty. An additional $1,000 was suspended pending the company's compliance.


Date: 1/13/10
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving Staples, Inc. for Air Quality violations at 655 Andover Street in Lawrence. The company failed to respond to a Notice of Noncompliance that was issued to the Staples, Inc. (Lawrence facility) regarding its operation of an emergency generator that was installed at the facility. Under today's Order, Staples, Inc. is required to provide an appropriate exhaust stack on the above-referenced generator, begin to record adequate operational records, and complete emission statements for the facility.


Date: 1/13/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $32,000 Penalty involving Trinity Green Development, LLC for Asbestos violations at 518 East Sixth Street in South Boston. MassDEP responded to a complaint of illegal asbestos removal at this address where Trinity was engaged in the development of an old, school building into residential condominiums. During the inspection MassDEP observed violations of MassDEP's asbestos regulations. Trinity will pay $15,000. of the Penalty and MassDEP has agreed to suspend $17,000 of the Penalty provided no further violations occur for a period of one year.1/12/10


Date: 1/12/10
municipality: ['Boston', 'Lawrence']
Text:
  MassDEP issued a $6,000 Penalty Assessment Notice to Environmental Source Corporation for Asbestos violations. In Boston and Lawrence. MassDEP personnel observed that Environmental Source Corp was in violation of the asbestos regulations at both locations. As a result of the noncompliance observed MassDEP conducted an enforcement conference with Environmental Source. MassDEP attempted to reach a negotiated settlement with Environmental Source, but the contractor failed to respond to several communication attempts. MassDEP issued today's Penalty as a result of the violations observed in Lawrence and Boston.


Date: 1/11/10
municipality: []
Text:
  MassDEP collaborated with Mass Environmental Police, the Southbridge Police Department, and Southbridge Board of Health (Recycling Coordinator) from Nov. 2009 to January 2010 to address a series of illegal dumpings on Fisheries and Wildlife-owned land in Southbridge. The illegal dumping involved household items (air conditioner, TV) and other debris. Surveillance cameras caught three dumping incidents with identifying license plate numbers on film. Penalty citations totaling $600 to two of the alleged violators have been issued, with a third action against another individual pending.1/11/10


Date: 1/7/10
municipality: ['Boston', 'Chelmsford']
Text:
  MassDEP executed a Consent Order with a $28,860 Penalty involving Landry's Automotive for Air Quality violations at 371 Acton Road in Chelmsford. Landry's is an automotive service station that dispenses gasoline and conducts automotive towing and service. As a result of a referral from the vapor recovery (Stage II) program in Boston, MassDEP inspected the facility and determined the facility to be in noncompliance, specifically for auto body refinishing (air quality)and for accumulating and storage of waste oil and hazardous waste. The facility also had two floor drains which represented a failure to comply with the Underground Injection Control regulations. MassDEP has fully suspended the Penalty due to financial hardship but requires Landry's to correct all its violations and complete the work as required.


Date: 1/7/10
municipality: ['Mashpee']
Text:
  MassDEP issued a $7,000 Penalty Assessment Notice to MEZ Realty Inc. (a/k/a Lakeside Trailer Estates) for Water Supply violations in Mashpee. MassDEP found multiple violations (seven events at $1,000 each) of the Drinking Water Regulations of Massachusetts, low water pressure. MEZ Realty operates a mobile home park in Mashpee Massachusetts that is served by a privately owned public water supply system. The subject public water supply system has failed to provide water service with a minimum residual water pressure at street level of at least 20 pounds per square inch on multiple occasions resulting in complaints to MassDEP by residents of the Mobile Home Park.


Date: 1/6/10
municipality: ['Hubbardston']
Text:
  MassDEP issued a unilateral cease-and-desist order to Larry Nelson for wetlands violations in Hubbardston. MassDEP issued the Order for the illegal removal, or tree cutting, on state property. Today's Order requires Nelson to cease and desist from further wetland violations and to hire a wetlands specialist to develop a restoration plan.1/5/10


Date: 1/4/10
municipality: ['Quincy']
Text:
  MassDEP executed an amended Consent Order with George Brewster for Waste Site Cleanup violations at 111 Penn Street in Quincy. Today's Order extends the timeline for submittal of a Response Action Outcome. The extension date of 2/20/10 is needed due to a delay in the construction schedule for the asphalt paving work which is to serve as a "Protective Cover" to reach a level of No Significant Risk. This site has been in the system since 2002.


Date: 12/29/11
municipality: ['Marblehead']
Text:
  MassDEP executed a Consent Order with a $3,300 Penalty involving Gregory J. Bruett for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead.  Bruett is the owner of the property where MassDEP has determined there has been a failure to meet cleanup deadlines set out in a prior Consent Order.  Today's Order requires an Immediate Response Action status report by 2/10/12. Also, a phase two assessment report by 7/10/12 a phase three remedial options report by 9/30/12; a phase four remedial selection by 12/30/12 and a final response action outcome by 9/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.12/29/11


Date: 12/28/11
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $9,700 Penalty involving Carlos Vinyl Siding for Asbestos violation at 483 Brock Avenue in New Bedford.  MassDEP determined that Carlos Vinyl Siding was in noncompliance pertaining to Asbestos regulations by not filing notification with MassDEP for the removal of asbestos containing material (ACM) and for not containerizing asbestos-containing material at this location.   Under application of MassDEP's small business policy, $7,700 of the Penalty is suspended.


Date: 12/28/11
municipality: ['Tolland']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Camp Kinderland for Water Pollution Control violations in Tolland.  MassDEP amended the Order to allow additional time to complete upgrades of the Camp's subsurface disposal systems at this summer camp.  A portion of these disposal systems at the Camp have already been replaced within the required time frame and the amendment allows for additional time to complete the remaining upgrades.12/22/11


Date: 12/22/11
municipality: ['Leominster', 'Newton']
Text:
  MassDEP entered into a Consent Order with Leominster Properties, LLC involving Wetlands violations at 198 New Lancaster Road in Leominster.  Leominster Properties LLC, is based in Delaware and has a local office in Newton, Massachusetts.  The LLC has agreed to resolve the violations that occurred during construction activities occurring on its property.  MassDEP conducted an inspection of the property and observed large amount of sediment deposited throughout Old Mine Brook, the Nashua River, and surrounding wetland resource areas.  The sediment release and subsequent alterations to wetland resource area was caused by the collapse of an on-site stormwater infiltration basin.  Under today's Order, the company has agreed to prevent any future unpermitted discharge of fill or sediment from the site and to perform a Supplemental Environmental Project (SEP).  During initial discussions with the LLC, the company made permanent repairs to the infiltration basin and completed wetland resource area restoration activities.  The SEP, valued at $82,500, will fund the installation of three rain gardens, four infiltration trenches, and erosion controls for discharges along Old Frog Stream in Leominster. The goal of this SEP is to improve water quality in the stream and the Nashua River.   This action will result in restoration of one acre of bordering vegetated wetland, 1,000 feet of stream bank, one acre of riverfront area; and 5,000 square feet of land under water body.


Date: 12/21/11
municipality: ['Webster']
Text:
  MassDEP entered into a Consent Order with LKQ Route 16 Used Auto Parts, Inc., for Wetlands violations in Webster. LKQ is located at 4 Old Douglas Road in Webster where the violations occurred during operations at its facility.  MassDEP inspected the property and observed sediment-laden stormwater discharge from this site into Browns Brook. This action was in violation of the local Conservation Commission approval (permit).  MassDEP subsequently issued a Unilateral Order had been in April of 2010 requiring the owners to immediately take steps to cease the discharge, maintain effective erosion controls, and comply with the Order of Conditions.  As a result of enforcement discussions, today's Order requires the owners to submit a final comprehensive stormwater plan for approval and implementation, and to monitor any rainfall events to prevent further discharges to the Brook.  This action will result in protection of land under waterbody - Browns Brook and Webster Lake.12/21/11


Date: 12/19/11
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving BMC Realty Trust for Waste Site Cleanup violations at 58 Rear Pulaski Street in Peabody.  The Trust is the owner of the property where the specific violations included failure to submit the phase two (assessment) by the deadline established in a Consent Order regarding this cleanup as signed on 7/14/11.  New deadlines have now been established to bring this site back into compliance with the submittal of phase two and three (assessment and cleanup options) by 3/30/12.  A phase four (remedy implementation plan) must be submitted by 8/6/12. There is also a final response action outcome statement and remedy operation status by 12/31/12.  MassDEP has agreed to suspend $26,000 of the Penalty pending completion of these actions.


Date: 12/15/11
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty involving Jack & Ingeborg Myers for Wetlands violations at 6 Queen Street in Newburyport. The Myers are the owners of the property where the specific violations involved working in a wetland resource area, a coastal dune on a barrier beach. This work had been initiated without having first filed a notice of intent or obtaining an order of conditions (permit).  Today's Order requires the submittal of a plan to restore approximately 1,225 square feet of coastal dune to its original condition and a schedule for the work to be done, and the completion of the restoration work by 6/30/12.  A five-year monitoring plan is required, with yearly reporting to MassDEP.  Under today's Order, the Myers will pay $500 and $6,000 suspended pending compliance.


Date: 12/14/11
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with ArtCam Realty LLC for Waste Site Cleanup violations at 97-103 Holmes Street in Quincy.  As owner and/or operator of the property the violations found were failure to meet deadlines already established in a Notice of Noncompliance issued by MassDEP on 6/18/09. The NON also contained interim deadlines which were not met.  Today's Order requires a Release Abatement Measure status report by 2/15/12, and a tier two (cleanup) permit extension submitted by 11/2/12. Also, a phase two (assessment) report, and - if applicable - a phase three report by12/30/12.  Finally, a phase four report by 4/1/13, and a final response outcome statement by 12/28/13 will also be submitted. Today's Order contains a stipulated penalty provision for any missed deadlines.12/14/11


Date: 12/14/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,345 Penalty Patricia Luttrell as Trustee of Union Street Realty Trust for Storyville Preschool for Waste Site Cleanup violations. The Trust owns the property at 97 Union Street where violations cited include the failure to support conclusions of the phase two site assessment report and performing an immediate response action (and first submitting and obtaining approval to undertake those measures).  Today's Order requires a revised phase two by 3/30/12. Further, if warranted, a revised phase two, a revised phase three (remedial options), and a revised phase four (selecting remedial options) by 4/30/12.  Under today's Order, the Trust will pay $2,500 with $7,845 suspended and a stipulated penalty provision for any missed deadlines.


Date: 12/13/11
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with Franklin Building & Development Corporation for Waste Site Cleanup violations at 480 Mount Pleasant Street in New Bedford.  The party failed to maintain a phase five remedy operation status at the site as required. Today's Order establishes a deadline for submitting a final response action outcome in full accordance with the state regulations.  


Date: 12/13/11
municipality: ['Hanover', 'Pembroke']
Text:
  MassDEP entered into a Consent Order with McGee Pembroke LLC, for Waste Site Cleanup violations at 860 Washington Street in Hanover. The facility failed to comply with deadlines established in a previously-issued notice of audit findings/notice of noncompliance in which MassDEP had identified violations. Those violations were the specific requirements applicable to the submittals regarding this property and the final response action outcome and activity & use limitation attached to this site. Today's Order establishes a deadline of 2/2/12 for correcting the violations noted in the NOAF/NON.


Date: 12/9/11
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with Sligo Realty Company, LLC for Water Supply violations at this public water system Belchertown. Sligo is the owner of the Washington Acres community public water system in Belchertown.  Today's Order addresses the repeated exceedances of the maximum contaminant level for total coliform bacteria.12/8/11


Date: 12/8/11
municipality: ['Cummington']
Text:
  MassDEP entered into a Consent Order with Greenwood Music Camp, Inc. for Water Supply violations at this public water system in Cummington. The Camp is the owner of a transient non-community public water system located in Cummington.  The Camp has agreed to address the repeated exceedances of the maximum contaminant level for total coliform bacteria.  Today's Order further includes provisions for future installation of disinfection in response to additional exceedances.  


Date: 12/7/11
municipality: ['Templeton']
Text:
  MassDEP issued a $12,100 Penalty Assessment Notice and Unilateral Order to Robert Hurtubise for Wetlands violations in Templeton. Hurtubise, representative of 101 Rentals Inc., was issued the Notice for violations of the Wetlands Protection Act that occurred on his property at 265 Gardner Road in Templeton.  No permits were issued for the construction activities that MassDEP alleges occurred within the wetland resource area of this property.  MassDEP and Hurtubise were unable to reach agreement regarding a proposed Consent Order to correct/resolve these violations.  Today's Order seeks the restoration or replication of 5,000 square feet of Riverfront Area.


Date: 12/7/11
municipality: ['Northborough']
Text:
  MassDEP issued a Unilateral Order to Larry Gavini and Jeanette Sabin-Gavini for Wetlands violations in Northborough. MassDEP's Order requires the individuals to cease the violations occurring at 21 Fernbrook Road in Northborough.  MassDEP personnel conducted an inspection of the property at the request of the Northborough Conservation Commission and observed alterations of bordering vegetated wetlands and stream bank occurring.  No permits had been issued by the Northborough Conservation Commission for work in this area.  Today's Order requires the parties to stop all activities within 100 feet of wetland resource areas and prevent further violations of the Wetlands Protection Act.  They are also required to 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: 12/7/11
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $27,500 Penalty involving Whalley Properties, Inc. for Wetlands violations in Southwick. Whalley has agreed to resolve violations at 700 College Highway in the Town of Southwick. Whalley operates a tobacco farm at this site.  In the late fall and winter of 2010, the respondent placed 535 feet of "Slab Brook", a tributary of Great Brook, into a culvert, and then placed fill over the culvert.  In addition, this work was done within at least one-half acre of associated bordering vegetated wetlands.  The intent was to link two cultivated fields which were separated by Slab Brook.  The Respondent conducted this work without any of the requisite permits.  Once contacted by MassDEP, the respondent voluntarily retained a consulting firm and worked with MassDEP and the US Department of Agriculture to develop a plan to remove the culvert and fill away from resource areas, and restore the altered resource areas. The respondent will also install a proper agricultural crossing which complies with the "Massachusetts River and Stream Crossing Standards" and has agreed to place an irrevocable and perpetual trust on over 30 acres of resource areas associated with Great Brook.  This is the area which is part of a parcel of land owned individually by the principle of Whalley and his spouse.  Portions of that parcel are being developed into athletic fields with an intended donation of the completed park to the Town of Southwick.   Based upon the protection afforded to resource areas in this Consent Order, MassDEP has agreed to suspend the entirety of the Penalty for this violation, pending compliance.


Date: 12/5/11
municipality: ['Dover']
Text:
  MassDEP issued a Do Not Drink Order to Old Farm Road Water Trust , a public water system, in Dover.  The Drinking Water issued the Order to the Old Farm Road Water Trust due to perchlorate in the drinking water that was found in a routine sample collected on 11/16/11.  A sample of the bedrock well contained 2.51 micrograms per liter (ug/L) of perchlorate.  A confirmation sample was collected on 11/30/11, which came back containing 2.18 ug/L of perchlorate.  Under the state drinking water standard, the maximum contaminant level for perchlorate is 2.0 ug/L.  During the resample of 11/30/1, a separate collection of the raw well water was also tested prior to pH adjustment treatment; this sample contained 2.16 ug/L of perchlorate.  Today's Order requires the water system to notify the water consumers that pregnant women, nursing mothers, infants, children up to the age of 12, and persons with hypothyroidism should not consume the drinking water.  The water system is presently evaluating options to mitigate the contamination.  The source of the perchlorate is not yet known.12/5/11


Date: 12/2/11
municipality: ['Barre']
Text:
  MassDEP entered into a Consent Order with the Town of Barre for Wetlands violations at 140 Union Street in Barre. The violations occurred during construction activities by the town's Building Department at 140 Union Street in Barre.   MassDEP inspected the property and observed the demolition and removal of buildings at this location, occurring in the riverfront area, bank, and buffer zone of Dick's Brook.  Work was conducted without the placement of appropriate erosion controls, and without having first filed with the Barre Conservation Commission and obtaining the required permits or approvals.   Under today's Order, the town has agreed to obtain the necessary permits and install erosion controls.  


Date: 12/2/11
municipality: ['Bolton']
Text:
  MassDEP Issued a Unilateral Order to the D. Francis Murphy Insurance Agency, Inc. for Water Supply violations at 737 Main Street in Bolton. The company is the owner and operator of a transient non-community public water system (PWS) that operates at this facility. The water system had been issued a Boil Water Order on 10/12/11 that was terminated on 10/14/11.  Another Order was subsequently required when the water system again notified MassDEP on 11/29 that two distribution bacteria samples collected on 11/28 confirmed positive for total coliform and negative for E.coli bacteria.  Repeat sampling confirmed the presence of total coliform and E. coli bacteria in the system.  This event triggers drinking water regulatory provisions due to the Total Coliform Rule. This includes immediate notification to the public and local officials.  MassDEP verbally informed the water system of its regulatory requirements and directed them to further evaluate the cause of the contamination, take corrective actions, and notify it's consumers to boil the water before drinking or consuming water from an alternative source.  This action will help insure that the approximately 50 persons served will continue to receive water that is pure and fit to drink.


Date: 11/30/11
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with an $114,400 Penalty involving the City of Lynn for Asbestos violations. The City is owner of several public buildings where asbestos abatement occurred. MassDEP determined during an investigation that Lynn had contracted with AEI to perform asbestos abatement at the Lynn Public Library, the Marshall School, a Fire Department building, and the Lynn Woods School in Lynn.  MassDEP further determined that AEI was not licensed in Massachusetts to perform asbestos abatement and that AEI and the City of Lynn had failed to notify MassDEP of asbestos abatement on six occasions at the four sites.  In addition, the City of Lynn personnel performed improper asbestos removal at the Fecteau Leary School in Lynn without notifying the Department as required by the regulations. As a result of the violations, Lynn will pay $10,000.  Lynn will also perform a Supplemental Environmental Project ("SEP") with a value of $30,000 in which the City of Lynn will have asbestos inspections conducted at fifteen city-owned buildings. The remaining $71,400 will be suspended for a period of one year.  


Date: 11/29/11
municipality: []
Text:
  MassDEP executed a Consent Order with a $7,500 Penalty involving Gary Nardi in connection with the unpermitted filling of 4,184 square feet of bordering vegetated wetlands at a farm operated by Nardi in Agawam.  The local Conservation Commission discovered the violation in 2005, issued a cease and desist order, however, no additional action was taken at that time.  MassDEP learned of this unresolved fill violation, during the permitting process of new work at the site.  Nardi has agreed to construct a bordering vegetated wetlands replacement area.  The entire penalty will be suspended provided the replacement area is constructed.11/29/11


Date: 11/23/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty involving Suttles Truck Leasing LLC, for Hazardous Waste, Industrial Wastewater and Underground Storage Tank violations in North Grafton. MassDEP inspected the company's facility on 4/14/11 and found the company was in violation of numerous hazardous waste requirements, including


Date: 11/22/11
municipality: ['Williamsburg']
Text:
  MassDEP issued a Demand for $200 in Stipulated Penalties to Roger and Vickie Boyer for failure to complete restoration work as required in Williamsburg at a residence.


Date: 11/22/11
municipality: ['Townsend']
Text:
  MassDEP entered into a Consent Order with North Middlesex Regional School District in Townsend for Groundwater violations. The violations involved the Hawthorne Elementary School and its Squannacook Early Childhood Center which are located on Brookline Road in Townsend.  Today's Order establishes a compliance schedule to bring the existing ground water discharge system into full compliance by either upgrading the current system, or by obtaining a variance based on flow rates to allow replacement with a fully compliant Title V (wastewater) system. Under the terms of today's Order the District will submit an Interim Operating Plan, and plans for the required long-term solution to MassDEP for review and approval.  This action will result in the proper treatment of approximately 3,000 gallons per day of wastewater.  


Date: 11/21/11
municipality: ['Amherst']
Text:
  MassDEP issued a Unilateral Order to Balthazar Contractors, Inc., to cease unpermitted discharges from a road construction project to resource areas in Amherst and to repair existing erosion and sediment controls and to implement additional short-term stabilize measures at the site and to develop and submit a plan for the long-term stabilization of the site.11/21/11


Date: 11/21/11
municipality: ['Wakefield']
Text:
  MassDEP entered into a Consent Order with Ernest A. Massiello as trustee of Crystal Water Street Realty Trust for Waste Site Cleanup violations at 465 Water Street in Wakefield. The Trust is the owner and/or operator of the property where specific violations including the failure to meet deadlines set out in a Notice of Noncompliance issued on 9/2/11.  Under today's Order, the Trust is required to submit a tier two (permit) extension by 11/21/11, an assessment report and if necessary a remedy alternatives and selection reports by 9/30/12, and final response action outcome statement by 9/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.11/21/11


Date: 11/21/11
municipality: ['Milford', 'Rowe']
Text:
  MassDEP issued a Unilateral Order to Lillian F. Rowe and William F. Rowe, III for Asbestos violations in Milford.  In response to a complaint from a local resident involving the possible illegal disposal of soil and solid waste on the Rowe's Purchase Street properties in Milford, MassDEP inspected the sites and observed the presence of various wastes, including what appeared to be possibly asbestos-contaminated waste materials.  Denied access to inspect the sites on multiple occasions by the Rowes, MassDEP with the assistance of the Massachusetts Environmental Strike Force obtained administrative search warrants from the Worcester County District Court authorizing the inspections, which were conducted on 11/9/11. Samples taken during that inspection verified the presence of asbestos-containing wastes in the materials located on the site.  Today's Order requires the Rowes to immediately cease and desist from accepting asbestos-containing wastes/materials, secure the entrance to the site, take appropriate steps to prevent access to the disposal areas, not allow asbestos-contaminated materials to be removed from the site, retain a licensed asbestos contractor to prepare and execute an asbestos remediation plan for the site, and provide copies of disposal receipts for all waste materials removed from the site.  


Date: 11/18/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Palmer Paving Corporation for Waste Site Cleanup violations involving the discharge of diesel fuel to the Deerfield River.  On 8/16/11, MassDEP received a complaint from the Shelburne Falls Fire Department regarding the presence of petroleum sheen on the Deerfield River in the vicinity of the Bridge of Flowers.  MassDEP responded to the site to investigate the sheen, tracked the sheen discharge to a storm drainage outfall and installed absorbent booms to collect and contain the release.  It was determined that during paving of an adjacent roadway, Palmer Paving released a small amount of diesel fuel while fueling a paving roller, and that this fuel had entered the storm drain, ultimately discharging to the Deerfield River. Upon being made aware of the spill, Palmer Paving completed all required cleanup of the spill quickly.   In addition to today's Penalty, Palmer Paving will also complete re-training of employees on response to spills of oil and hazardous materials.  


Date: 11/16/11
municipality: []
Text:
  MassDEP entered into an Amendment to a Consent Order with the Easthampton Rod and Gun Club, Inc. in Easthampton. Today's Order incorporates the compliance option of connection to the Easthampton municipal public water system.


Date: 11/15/11
municipality: ['Dudley']
Text:
  MassDEP issued a Unilateral Order and a $5,750 Penalty Assessment Notice to Dudley Concrete, Inc. due to Industrial Wastewater violations in Dudley. Wastewater from the company's truck mix concrete operations was being discharged to the ground without a MassDEP groundwater discharge permit.  MassDEP inspections were prompted by citizen complaints to the Dudley Board of Health, which requested MassDEP assistance.  Today's Penalty was issued after numerous attempts to reach a negotiated settlement failed.  


Date: 11/9/11
municipality: ['Brimfield', 'Wales']
Text:
  MassDEP issued a Unilateral Order to Bro-Con, Inc., of Wales for Waste Site Cleanup violations along with a $1,000 Penalty for failing to submit a release notification form, and complete cleanup of a release of hydraulic fluid that occurred in August of 2010.  On 8/7/10, a hydraulic tank on a tractor-trailer operated by an employee of Bro-Con, Inc. was ruptured while the employee was attempting a turn on Union Road in Wales.  The employee left the accident site with the leaking trailer, and hydraulic oil was spilled onto Union Road, and onto Route 19 in Wales and Brimfield.  Approximately 20 gallons of hydraulic fluid were spilled over several miles.   The Wales and Brimfield Department of Public Works sanded the slippery road surfaces.  MassDEP responded to the incident and provided oversight of the cleanup by Bro-Con of a small amount of contaminated soil from a dirt pull-off on Route 19 where the truck stopped for a short period of time.   Per agreement with MassDEP on that date, Bro-Con, Inc. was to arrange for the proper disposal of the contaminated soil, and MassDEP would document completion of the cleanup.  However, Bro-Con failed to submit disposal documentation to MassDEP, failed to respond to numerous telephone and written requests from MassDEP, and failed to respond to a Notice of Noncompliance that was issued by MassDEP in November 2010. For the violations of Massachusetts cleanup regulations, MassDEP then issued a letter in April 2011 to Bro-Con requiring that Bro-Con attend a conference to discuss the violations.  Bro-Con did not attend the meeting, and therefore, MassDEP has issued today's Order that requires Bro-Con to provide documentation of the contaminated soil disposal.11/9/11


Date: 11/8/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty involving McLaughlin Realty Holdings, LLC for Asbestos violations at 73 Brayton Road in Brighton (Boston).  MassDEP responded to a complaint of improper asbestos removal from this site. During the investigation MassDEP determined that McLaughlin had removed approximately 50 feet of asbestos containing pipe insulation in the basement laundry area of the site. MassDEP determined that McLaughlin had failed to notify the Department of asbestos abatement and failed to use proper work practices procedures during the removal of asbestos from site. As a result of the violations McLaughlin will pay $1,000 and $16,050 will be suspended for a period of two years.  McLaughlin ability to pay was considered when reaching this agreement.


Date: 11/7/11
municipality: []
Text:
  MassDEP was notified by the Attorney General's Office Environmental Protection Division that a Complaint and Settlement Agreement had been filed in Superior Court on DEP's behalf citing Tate & Lyle Ingredients Americas LLC for violations of the State Clean Water and Wetlands Protection Acts.  Cited in the Complaint and Agreement are the following


Date: 11/7/11
municipality: ['Adams']
Text:
  MassDEP issued a $5,000 Penalty to Specialty Minerals, Inc. for stormwater violations in Adams specifically the Commonwealth's surface water discharge regulations. On 5/4/11, during a rain storm, MassDEP observed discharges of pollutants from the company's lime manufacturing facility into the storm water drains located on Colombia Street (Route 8).  The discharge, which was coming from trucks carrying wet sludge from one portion of the company's property to another part, was being discharged into the storm drains.  MassDEP also observed an employee of the company pushing the wastewater into the storm water drain and company water trucks washing sludge solids off the driveway with water.  The company has agreed to pay an administrative penalty of $5,000, and to take steps to prevent the recurrence of this violation in the future.11/7/11


Date: 11/7/11
municipality: ['Andover', 'Lawrence', 'North Andover']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Bouwfonds Jefferson Limited Partnership for Wastewater Management violations in Lawrence. The violations were related to a discharge of sewage onto Route 114 from its Addison at Andover apartment complex in Lawrence.  On 5/21/11, MassDEP's emergency response received notification from the Lawrence Fire Department that a manhole on Route 114 at the North Andover town line was overflowing sewage.  Bouwfonds owns a sewage force main that flows from a pump station at Addison at Andover to River Pointe Apartments farther north on Route 114.  The manhole from which the sewage was discharging houses one of two cleanout structures on that force main.  The Lawrence Fire Department stated that the Lawrence Department of Public Works would be contacting the sewer's owner, Bouwfonds, or the management company.  Lawrence DPW's notification to the management company took place on 5/21/11, which was ignored because the overflow was in a public roadway.  On 5/26/11, MassDEP received a complaint from the North Andover Conservation Commission that the overflow was still occurring.  MassDEP then coordinated with the Lawrence DPW and Bouwfonds' property manager.  As a result of this effort, on 5/26/11, Bouwfonds' property manager had a contractor temporarily cap the discharge until the following day when a permanent solution was installed.  Under the terms and conditions of today's Order, Bouwfonds agreed to inspect all cleanout structures on that force main and to replace or repair them, as needed.  In addition, Bouwfonds agreed to submit to MassDEP for its review and approval the operation and maintenance manual for the pump station and force main including a plan to inspect the cleanout structures annually.  Finally, Bouwfonds agreed to pay $7,500 of the Penalty with the remaining $4,000 suspended provided there is compliance with the terms of today's Order.


Date: 11/4/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $49,130 Penalty involving Durasol Corporation for Hazardous Waste, Air Quality and Industrial Wastewater violations at 1 Oakland Street in Amesbury. MassDEP inspected Durasol Corporation on 10/13/10, and found the violations including treating ignitable and corrosive hazardous waste without a license and unknown contents of waste.  The air quality violations discovered included operating a source of volatile organic compounds and sulfur monochloride emissions in violation of specific conditions of their plan approval resulting in a release of toxic gas throughout the building, lack of record-keeping, and failure to keep VOC-containing materials in closed containers when not in use.  The industrial wastewater violation discovered was an unapproved discharge of industrial wastewater to the local publicly-owned treatment works without approval from the MassDEP or local authorities.   Durasol has terminated its manufacturing operation in Amesbury and today's Order requires Durasol to ship offsite all hazardous wastes to a proper treatment, storage & disposal facility.  If manufacturing operations resume in the future at Durasol,  the Order requires Durasol to notify MassDEP prior to any hazardous waste generation, operate or install any equipment pursuant to air quality regulations , and obtain any and all necessary permits or approvals required to operate the facility in compliance with all statutes and regulations.  


Date: 11/4/11
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Inman Square Lofts, LLC, for Waste Site Cleanup violations at 6 Beacon Street in Somerville. As owner of the property, the LLC specifically violated the regulations by failing to meet deadlines set out in an earlier Consent Order with MassDEP as executed on 2/26/09.  Today's Order requires a tier two (permit) extension to be submitted by 11/10/11, a status report on release abatement measure(s) by 3/2/12. In addition, additional cleanup phase reports, as applicable, by 7/15/12, with additional reports by 9/30/12, and a final response action outcome statement by 7/15/13. MassDEP agreed to suspend $3,000 of the Penalty with a stipulated penalty provision for any missed deadlines.11/4/11


Date: 11/3/11
municipality: ['Saugus']
Text:
  MassDEP received notice that a Settlement Agreement had been entered in Superior Court between the Commonwealth and Pamela Avedisian, Gary DeCicco and 60 Salem Turnpike, LLC regarding Wetlands, Waterways and the Clean Water Act violations at the Atlantic Lobster Company site in Saugus. The violations related to the demolition of the former Atlantic Lobster Company site in Saugus after a roof collapse and fire.  The site is entirely located within the Rumney Marsh on the bank of the Saugus River.  Under the judgment, the defendants are required to restore salt marsh, riverfront area and land subject to tidal action (a "lagoon") by removing fill and performing planting within one year according to MassDEP's approved plan.  Once restored, the site is subject to a five-year monitoring program.  The defendants will also, within one year, perform a Supplemental Environmental Project [with a value of not less than $65,000] consisting of the creation of at least 10,000 square feet of new, functioning, salt marsh on the property that will also be monitored for five years. The defendants will also pay the Commonwealth a civil penalty of $100,000, with $60,000 being suspended upon compliance with the provisions of the settlement, and the remaining balance paid.  Of the paid amount, $20,000 will be paid to the Commonwealth's general fund and $20,000 will be paid to the Commonwealth's Natural Resource Damages trust.


Date: 11/2/11
municipality: ['Boston']
Text:
  MassDEP issued a $435 Penalty Assessment Notice to All American Water for Drinking Water violations at1320 Dorchester Avenue in Boston.  All American Water has failed to report to the MassDEP as required the analytical results for bacteria twice within the twelve month period.  


Date: 11/1/11
municipality: ['Ayer']
Text:
  MassDEP issued a Unilateral Order to Willow Road Development, LLC for Wetlands violations in Ayer. Willow Road Development is the trustee of the Willows Condominium Trust, which is ordered to stop violations of the Wetlands Protection Act occurring at the Condominiums located off Willow Road. MassDEP observed the discharge of silt-laden runoff from a construction project at the above location flowing to adjacent bordering vegetated wetlands and Bennetts Brook.  These activities occurred in violation of a local order of conditions (permit).  Today's Order requires the parties to place appropriate erosion controls to stop the discharge and prevent additional violations.  They are also required to hire an erosion control specialist to develop an erosion control plan for the project, and to hire a wetlands specialist to assess the damage and submit a plan to restore the altered wetlands.  Additional enforcement with a penalty assessment is anticipated.


Date: 11/1/11
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with a $2,880 Penalty involving Home Market Foods, Inc. for Air Quality (odor) violations in Norwood. MassDEP in response to odor complaints - as forwarded by the Norwood Board of Health - determined that an odor evaluation be conducted for this residential neighborhood abutting the industrial park.  Home Market was determined to be the source of the odors.  Today's Order requires interim measures to reduce the odor impacts and requires a schedule for the development and implementation of an emission control strategy.  Home Market has agreed to pay the Penalty for the odor violation.11/1/11


Date: 11/1/11
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving 1023 East Street LLC for Waste Site Cleanup violations at 1023 East Street in Tewksbury. The LLC is the owner and/or operator of the property where specific violations included failure to meet deadlines set out in a previous Consent Order dated 4/22/09.  Today's Order requires a tier two (permit) extension submitted by 2/22/11, and a remedy operation status report or a final response action outcome statement by10/3/12.  Today's Order contains a $30,000 penalty with $5,000 payable and $25,000 suspended and a stipulated penalty provision for any missed deadlines.


Date: 10/31/11
municipality: ['Ashland']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland.  Lefter is the owner of the property where violations involved the specific failure to meet deadlines set out in a prior Consent Order with MassDEP as executed on 10/26/07.  Today's Order requires a final response action outcome statement by 12/31/12.  Lefter will pay $3,500 of the Penalty, and the remaining $26,500 suspended pending compliance. There is a stipulated penalty provision for any missed deadlines.10/31/11


Date: 10/28/11
municipality: ['Cheshire']
Text:
  MassDEP entered into a Consent Order with a $7,650 Penalty involving James Poplawski of Cheshire for Wetlands violations, specifically, forestry activities without a forest cutting plan.  The activities included alteration of 2,000 to 2,500 of riverfront area.  In addition to restoration, Poplawski will pay a penalty of $2,000 with the remaining $5,650 suspended contingent upon restoration and ongoing compliance.10/28/11


Date: 10/20/11
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with a $26,100 Penalty involving Hazardous Abatement Services, Inc., for Asbestos violations at 3000 Minuteman Road in Andover.  The company is a licensed asbestos contractor in Massachusetts.  MassDEP received a complaint of improper asbestos removal at the property where HWE had failed to notify MassDEP of asbestos abatement activity that occurred here on two occasions.  As a result of the violations observed, HWE will pay $7,000 and $19,100 will be suspended for a period of two years pending compliance. The small business policy was utilized in reaching this settlement.10/20/11


Date: 10/18/11
municipality: ['Williamsburg']
Text:
  MassDEP entered into a Consent Order with a $29,000 Penalty involving Clifford Clark for Wetlands violations in Williamsburg, specifically, the alteration of 1.4 acres of bordering vegetated wetlands and 50 feet of bank of an intermittent stream.  Clark conducted the violations in an effort to reestablish former farm ponds at an inactive family farm.   Upon learning of the violation, Clark has now immediately hired a consultant to address the violations.  Clark has agreed to pay $2,000 of the Penalty and to work with the Audubon Society, the downstream abutter, to ensure that restoration work will not affect hydrology on abutting property.  The remaining $27,000 will be suspended pending compliance.


Date: 10/17/11
municipality: ['Wendell']
Text:
  MassDEP issued a Boil Water Order to the Massachusetts Department of Conservation and Recreation for Drinking Water violations at the Wendell State Forest in Wendell. The facility serves the public and the staff.  The Order was issued following water quality sampling that included detections of e coli in the water distribution system.  MassDEP required response actions and public notice.  


Date: 10/17/11
municipality: ['Huntington']
Text:
  MassDEP issued a Declaration of Water Emergency to Gateway Regional School District in Huntington. The school district is required to address a sudden water main break and loss of water service at Gateway Regional School (a public water system) in Huntington.  Today's Declaration allows the use of alternative source(s) of water until MassDEP determines that the facility has returned to normal operations.  [The school was able to reopen using bulk water on 10/19/11.]10/14/11


Date: 10/13/11
municipality: ['Taunton']
Text:
  MassDEP reissued a $19,400 Penalty Assessment Notice to Ting Lu of Taunton for Solid Waste and Asbestos violations.  Lu had contracted for the disposal of a special waste (Asbestos) to a facility not permitted to take that waste.  MassDEP also witnessed friable asbestos material removed from building components, dry and not in the proper containers. MassDEP has attempted to reach Ting Lu several times without response.


Date: 10/12/11
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $26,600 Penalty involving Merrimack Street Redevelopment Authority LLC for Hazardous Waste violations at 7-19 South Canal Street in Lawrence.  Initially, MassDEP issued a Notice of Responsibility relative to the release(s) of hazardous materials at the site. MassDEP then issued a conditional approval for Immediate Removal Activity (IRA). Some of this IRA plan included demolition of fire damaged structures which contained asbestos containing materials and also included asbestos removal from other areas of the site.  Then, during compliance inspections in October 2010, July 2011, and September 2011, MassDEP personnel determined that demolition and asbestos abatement activities were not being performed in compliance with the approved IRA plan or the asbestos regulations.  As a result of these violations observed by MassDEP, the company will submit an amendment to the IRA plan for review and approval. Said amendment will detail actions to be taken to return the site operations to compliance with the approved IRA plan and the regulations. In addition, MSR will make other submissions to the MassDEP as required by the regulations and today's Order.  MSR will pay $5,000 and $21,600 will be suspended for a period of two years pending compliance.   


Date: 10/12/11
municipality: ['Bolton']
Text:
  MassDEP issued a Boil Water Order to D. Francis Murphy Insurance Agency, Inc. for Water Supply violations at the public water system in Bolton.  This agency is the owner and operator of a transient non-community public water system (PWS) that serves Murphy's Insurance at 737 Main Street in Bolton.  The system was notified on 10/4/11 that a routine sample collected on the prior day had come back 'confirmed' positive for total coliform and negative for e coli.  Repeat sampling confirmed the presence of total coliform and e coli bacteria in the system.  This event triggered provisions in the Drinking Water regulations, specifically the provisions of the total coliform rule, including immediate notification to the public.  MassDEP verbally informed the system of its regulatory requirements and directed it to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to boil the water before drinking or consume water from an alternative source.  This action will ensure that the approximately 50 persons served by the system will receive water that is pure and fit to drink.


Date: 10/12/11
municipality: ['Warren']
Text:
  MassDEP entered into a Consent Order with West Warren Water District for Water Supply violations in Warren. The District is required under today's Order to address repeated exceedances of the maximum contaminant level for total coliform in its water system.  Today's Order includes provisions for future installation of disinfection in response to additional exceedances.  


Date: 10/12/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with Veolia Energy Boston, Inc., relative to the use of four (4) temporary boilers to serve the Boston Medical Center (BMC) during important steam-line upgrades.  Veolia operates several large steam boilers at the Kneeland Station and an associated steam loop, which is the sole supply of steam to several businesses and health care facilities in the downtown Boston area.  Because BMC is served by a dead-end line off the steam loop, Veolia needs to use temporary boilers to serve BMC during the replacement of several steam expansion joints in that line.  This proactive maintenance activity is meant to reduce or eliminate the potential for leaks and ruptures.  Prior ruptures have posed public health and safety issues, including the release of asbestos into the ambient air.  Veolia's upgrade project involving the line to the BMC will take place over the course of three (3) weekends in the October/November 2011 timeframe.  Today's Order allows Veolia to utilize temporary boilers for the duration of the project in order to supply steam to BMC.10/11/11


Date: 10/5/11
municipality: ['Wilmington']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Domenic Saraceno as trustee of Saraceno Family Trust for Waste Site Cleanup violations at 603 Main Street in Wilmington. Saraceno is the former owner of the property where specific violations included failure to meet deadlines established in a previous Consent Order on 3/29/10.  Today's Order requires a phase two report by 11/11/11 and stipulated penalties for any missed deadlines.10/5/11


Date: 10/5/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,380 Penalty involving Boch Toyota South, for Hazardous Waste Management violations in North Attleboro. Boch Toyota South, located at 620 South Washington Street, North Attleboro is an automobile dealership with a repair shop that is registered as a Small Quantity Generator (SQG) of Waste Oil.  MassDEP determined that for over two years the facility had been acting as a Large Quantity Generator (LQG) of Waste Oil.  This violation was discovered through a database review.  An unannounced, single-media (Hazardous Waste) site inspection was conducted on 6/29/11.  Additional violations were noted as a result of the site inspection.  Today's Order includes corrective actions to bring the facility into compliance as it pertains to all violations noted during the site inspection.  


Date: 10/5/11
municipality: ['Lakeville']
Text:
  MassDEP issued a Unilateral Boil-Water Order to Blueberry Estates Apartment Complex in Lakeville for Water Supply violations. The facility is an adult residential community public water system which serves a population of 80 persons.  Today's Order was issued due to an acute maximum contaminant level violation and a monthly violation of the total coliform rule.  There was a detection of e coli bacteria at the entry point to the distribution system, and also in one of the two source wells.10/4/11


Date: 10/3/11
municipality: ['Pittsfield', 'Williamstown']
Text:
  MassDEP entered into a Consent Order with a $14,700 Penalty involving Barile Environmental, Inc., for Asbestos violations in Williamstown.  Barile is a Massachusetts-licensed asbestos abatement contractor based in Pittsfield.  MassDEP received a complaint regarding the removal of asbestos-containing siding from a residential building in Williamstown.  MassDEP determined that asbestos siding removal operations had been conducted by Barile and discovered that asbestos handling work practices prescribed by MassDEP's asbestos regulations were not followed.  Under the terms of a settlement agreement with MassDEP, Barile will pay $6,200 of the Penalty, with the remaining $8,500 suspended during a two-year probationary period.10/3/11


Date: 10/3/11
municipality: []
Text:
  MassDEP has entered into a Consent Order with a $1,000 Penalty involving the town of Palmer for Air Quality violations. MassDEP observed town employees taking part in open burning of debris at the DPW facility.  The town will pay $400 of the Penalty with the remaining $600 suspended pending the town's compliance with the terms of the Consent Order.10/3/11


Date: 10/3/11
municipality: ['Acton']
Text:
  MassDEP entered into a Consent Order with the Acton Water District in Acton to maintain compliance with the requirements of the Surface Water Treatment Rule (SWTR) of the Mass Drinking Water Regulations.  The town was informed by letter on 11/4/10 that the Christofferson Well of its Public Water System provided groundwater under the influence of surface water, and that corrective action was required within 18 months.  The well has also exceeded secondary maximum contaminant levels for iron and manganese.  Today's Order establishes an enforceable schedule to provide interim disinfection of the well, develop and install a treatment facility to meet the SWTR and secondary contaminant levels for the Christofferson Well, and submit progress reports.  Through this Order, the town will remain in compliance with the Drinking Water Regulations while bringing the Christofferson Well into compliance with the SWTR and continue to provide water that is safe and fit to drink to a population of 22,182.


Date: 10/3/11
municipality: ['Mendon']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving James M. Quirk, as trustee of the Quirk Family Realty Trust for Water Supply violations in Mendon. James M. The Trust has agreed to establish an enforceable schedule for development of an approved transient, non-community public water system at its property, located at 95 Uxbridge Road in Mendon.  The property is currently leased to the Hide-A-Way Pizza restaurant.  Under today's Order, the Trust is required to operate the on-site well in accordance with the requirements such a public water system.   The owners have hired a certified operator, submitted a coliform sampling plan, provided specifications for the well construction and water distribution system, and developed an emergency response plan.  Today's Order also requires the owners to carry out a monitoring program, record the public water supply in the registry of deeds, comply with cross-connection program requirements, submit as-built plans for the on-site sewage disposal system, and agree not to expand the public water system without prior MassDEP approval.   This action will ensure that those being served by this public water system will receive water that meets safety standards.  


Date: 10/3/11
municipality: ['Grafton']
Text:
  MassDEP issued a Unilateral Order to Ledgewood Estates Condominium Trust relative to Water Supply violations in Grafton. The Trust is the owner and operator of a small Community Public Water System (PWS) that serves the condominium complex located on Milford Road in Grafton.  Today's Order requires the public water system to connect to the Grafton Water District and provide a schedule to achieve the connection and properly abandon the existing on-site well.  This public water system has received "Boil Water Orders" on 8/20/11 and on 9/30/11. The facility has been unsuccessful in removing the source of contamination, and is located in close proximity to the Grafton Water District. The Trust has been unable to install emergency disinfection, and has additional deficiencies identified during a recent inspection.  Today's action will help insure the protection of the approximately 48 persons served by this public water system.     


Date: 9/30/11
municipality: ['Grafton']
Text:
  MassDEP issued a Boil Water Order to Ledgewood Estates Condominium Trust for Water Supply violations in Grafton.   The Trust is the owner and operator of a small community public water system that serves the condominium complex located on Milford Road in Grafton.  The Trust notified MassDEP on 9/17/11 that a routine bacteria sample collected the previous day was confirmed positive for total coliform, but negative for e. coli.  Three repeat samples and one source sample collected on 9/17 confirmed positive for total coliform and negative for e coli.  As a result, the Trust was instructed to install emergency disinfection.  MassDEP was informed on 9/19 that the system could not accommodate emergency disinfection.  Additional testing confirmed total coliform and e coli still present in the water supply, and on 9/28, MassDEP verbally informed the PWS of its regulatory requirements and directed the Trust to evaluate the cause of the contamination, take corrective actions, and instruct the consumers to boil the water before drinking.  The written Order was subsequently issued to the Trust on 9/30.  A boil order had previously been issued on 8/20/11, and subsequently lifted.  This action will help insure that the approximately 48 persons served by this system daily will receive water that is fit and pure.


Date: 9/30/11
municipality: ['Charlton']
Text:
  MassDEP issued a Boil Water Order to Nature's Classroom of Massachusetts, Inc. for Water Supply violations in Charlton.  The company is the owner and operator of a non-transient non-community public water system that serves the Prindle Pond Conference Center located at 73 Pumpkin Lane in Charlton.  The company was notified on 9/26 that a routine bacteria sample collected on 9/23 was confirmed positive for total coliform and negative e coli, and that a source water sample was confirmed positive for total coliform and e coli.  Six repeat samples and five source water samples collected on 9/26 were confirmed positive for total coliform with two repeat samples and three source water samples positive for e coli.  On 9/26, MassDEP verbally informed the PWS of its regulatory requirements and directed the PWS to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to either boil the water before drinking, or consume water from an alternative source.  Today's Order was issued to help insure that the (approx.) 305 persons served here will receive water that is pure and fit to drink.


Date: 9/29/11
municipality: ['Williamstown']
Text:
  MassDEP issued a Boil Water Order to Waubeeka Springs Good Will Water Association for Water Supply violations in Williamstown.  The Association serves dozens of homes and businesses in southern Williamstown.  The Order was issued following a sanitary survey inspection that revealed debris, grass and sediment in one of the storage tanks.  MassDEP required immediate response actions and disinfection.  MassDEP staff were onsite, ensuring response actions were taken and assisting with public notice.


Date: 9/29/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with the United States Facilities Management Group, Inc. for Asbestos violations at 2214 Dorchester Avenue in Boston.  MassDEP responded to a complaint of improper removal of asbestos containing material from this location which is the Pope John Paul II Academy.  During the inspection MassDEP personnel determined that United had improperly removed and disposed of asbestos containing flooring materials without notification to MassDEP as required by the regulations. As a result of the violations observed by MassDEP, United will pay $1,000, with the remaining $29,100 suspended for the period of one year. United's inability to pay and the small business policy were utilized in reaching this settlement.


Date: 9/28/11
municipality: ['Marblehead']
Text:
  MassDEP issued a Unilateral Cease-and-Desist Order to Cornelia Stutz, due to Wetlands violations at 3 Eustis Road in Marblehead. The work at this location was in violation of the Wetland Protection Act and an existing Consent Order recently executed pertaining to this property.   Grading and other activity was being conducted as part of the agreed upon restoration of certain resource areas, including coastal bank, bordering vegetated wetland, land subject to coastal storm flow and buffer zone.  The work was undertaken, however, without first submitting a restoration plan and obtaining final approval from MassDEP for implementation of this work. This unapproved work also was being conducted in non-conformance with conceptual restoration elements that were agreed to by both parties during earlier negotiations. Today's Order requires that all activity will stop until a final restoration plan is submitted, and approved. Further, that the site must first be immediately stabilized to prevent siltation to wetland resource areas.


Date: 9/28/11
municipality: []
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving New England Fertilizer Company.  The company was issued in response to non-compliance by NEFCO in the distribution and subsequent land application of sewage sludge residuals on a farm where crops are being grown for consumption by cattle.  The land application of the sludge product was prohibited due to high concentrations of molybdenum.  Today's Order includes a $5,750 payment with the remaining $2,875 suspended pending demonstration of compliance.  


Date: 9/27/11
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with Robert Norcross, of Lawrence relative to Asbestos violations. On 3/31/11, Norcross was indicted on charges of violating the Massachusetts Clean Air Act.  The illegal asbestos work occurred in a multi-family residence in Lawrence. After a plea, Judge John Lu found Robert Norcross guilty of three violations of the Clean Air Act, and sentenced him to 18 months on probation.  Among the conditions of probation, Norcross was ordered to pay a fine of $20,000, with $10,000 of it suspended during the period of probation; to participate in asbestos training; and to have all of his properties inspected and properly abated for asbestos containing materials.  These conditions were made a part of an administrative consent decree that Norcross signed today with the Massachusetts DEP. This case was investigated by MassDEP and Environmental Police assigned to the AG's office.  


Date: 9/27/11
municipality: ['Lawrence']
Text:
  MassDEP was notified by the Office of Massachusetts A.G. Martha Coakley that Robert Norcross - who had been indicted on 4/31/11 on charges of asbestos violations - today pled guilty in Superior Court to three counts of criminal violations of the Clean Air Act.  The illegal asbestos work occurred in a multi-family residence in Lawrence.  Norcross was sentenced to 18 months on probation and was ordered to pay a fine of $20,000 ($10,000 suspended during the period of probation), and to participate in asbestos training.  In addition, Norcross must have all of his properties inspected and properly abated for asbestos containing materials. The terms and conditions were also made a part of an administrative consent decree that Norcross signed today with MassDEP.  In that way, MassDEP can ensure compliance with all applicable regulations.


Date: 9/26/11
municipality: ['Ipswich']
Text:
  MassDEP issued a Do Not Drink Order to the Town of Ipswich due to perchlorate in the drinking water.  A routine sample collected on 8/25/11, at the town's surface water treatment plant contained 2.2 micrograms per liter (for perchlorate).  A confirmation sample was collected on 9/15/11, which contained 2.3. The town failed to get a three-day turnaround time on the confirmation sample as required.  The maximum contaminant level of perchlorate allowed in drinking water for perchlorate is 2.0.   Perchlorate was not found in untreated water samples from the two reservoirs treated at the plant.  Today's Order requires the town to notify the water consumers that pregnant women, nursing mothers, infants, children up to the age of 12, and persons with hypothyroidism should not consume the drinking water.  The surface water plant was turned off and the town is using its wells to meet its water needs.  The Do Not Drink Order was lifted on 9/27/11, after the town flushed water mains and collected samples that demonstrated that the perchlorate level in its distribution system had dropped below 2.0.  The town continues to investigate the surface water treatment plant to identify and mitigate the source of the contamination. At this time, the addition of hypochlorite, which is used for disinfection at the plant, is a suspected source.


Date: 9/26/11
municipality: ['Burlington']
Text:
  MassDEP issued a Boil Water Order to the town of Burlington due to bacteria detected in the town's Drinking Water.  The town found in repeat testing, total coliform bacteria detection in the municipal water system, e coli was detected in a sample collected on 9/22/11.  On the evening of 9/25/11, MassDEP was notified that e coli were found at two other sites in samples collected on 9/24/11. The town turned off its surface water treatment plant and turned on its ground water treatment plant in order to get free chlorine into the distribution system faster.  The Boil Water Order was lifted on 9/28/11.


Date: 9/23/11
municipality: ['Warren']
Text:
  MassDEP entered into a Consent Order with Triple M Homes Corporation for Water Supply violations in Warren. Triple M Homes Corporation, which serves as a public water system, has had repeated exceedances of the maximum contaminant level for total coliform (bacteria) in its water system, located at the Heritage Village Mobile Home Park in Warren.   Today's Order includes provisions for investigation and disinfection in response to any additional exceedances.


Date: 9/23/11
municipality: ['Montague']
Text:
  MassDEP issued a Unilateral Administrative Order to Montague, ATM Properties, LLC for Water Supply violations in Montague. MassDEP issued a Unilateral Order to the operator of the Montague Inn, wherein a public water system is functioning, but the owner is required to bring the system into compliance with the provisions of the new registration.  The Montague Inn is an existing facility with a nonconforming source that failed to undertake the requirements placed on it within that registration.


Date: 9/22/11
municipality: ['Taunton']
Text:
  MassDEP issued a $19,400 Penalty Assessment Notice to Ting Lu for Asbestos violations in Taunton. Ting Lu had contracted for the disposal of a special waste (Asbestos) to a facility not permitted to take that waste.   MassDEP inspectors also witnessed friable asbestos material removed from building components, that were dry and not in the proper containers, also violations of the regulations.  MassDEP has attempted to reach Ting Lu several times without response prior to the issuance of today's Penalty.


Date: 9/22/11
municipality: ['Milford']
Text:
  MassDEP was notified by the Office of the Massachusetts AG, Martha Coakley that Henry Papuga, of Milford, was indicted by a Worcester County Grand Jury on charges of tampering with environmental monitoring device or method (6 counts) and making false statements (2 counts). In January 2010, the AG's Office began an investigation after the matter was initially investigated and referred by MassDEP.  The indictments stem from an incident in August 2009, when the water supply in Milford tested positive for e coli.  A subsequent order by MassDEP required residents to boil the water before consuming or using it.  The boil water order could not be lifted until testing showed two consecutive rounds of water samples that were free from contamination.  Investigators found that Papuga, who was the manager in charge of the water system, was under enormous pressure to get the boil water order lifted as soon as possible.  Authorities allege that in his effort to get the boil water order lifted, Papuga tampered with six drinking water samples by adding chlorine to the samples.


Date: 9/21/11
municipality: ['Westport']
Text:
  MassDEP was notified by the Office of the Massachusetts AG, Martha Coakley that a settlement has been reached with a Westport auto emissions inspector for allegedly conducting fraudulent inspections in violation of the state's Enhanced Emissions and Safety Test program. Under the settlement, Mark Galhardo will pay a $10,000 Penalty for performing 33 alleged fraudulent emissions inspections. Additionally, Galhardo is prohibited from conducting any emissions inspections for one year. In light of the defendant's financial circumstances, the civil penalty will be waived provided Galhardo complies with the terms of the settlement. According to the complaint filed in April 2011, from June 2006 through January 2010, Galhardo conducted at least 33 fraudulent inspections at Norwest Inspections, Inc., located in Westport, using an on-board diagnostic (OBD) emissions test. The OBD test is a simple test in which an inspector plugs the scan tool from an inspection workstation into the vehicle's OBD connector, and the workstation's computer queries the vehicle's computer for the status of the emissions control system monitors. The complaint alleges that for each fraudulent inspection, Galhardo conducted an OBD test on a different motor vehicle and then used those results to issue a passing sticker to the vehicle that came in for the inspection. This illegal practice is referred to as "clean scanning."


Date: 9/21/11
municipality: ['Orange']
Text:
  MassDEP entered into a Consent Order with a $16,380 Penalty involving Porter Transportation Company for Wetlands violations in Orange. Porter has agreed to address historic violations discovered in the course of a proposed Notice of Intent submitted.  The NOI was being reviewed relative to a solar project at the site, a former gravel bank.  Porter agreed to pay $6,380 Penalty with the remaining $10,000 suspended contingent upon the restoration of approximately 30,000 square feet of Riverfront Area.  The restoration will be conducted in a manner that will not impact or limit the development of the proposed solar project at this site.


Date: 9/21/11
municipality: ['Spencer']
Text:
  MassDEP issued a Boil Water Order to the Girl Scouts of Central and Western Massachusetts for Water Supply violations at Camp Laurelwood on 17 Buteau Road in Spencer.  The group is the owner and operator of this transient non-community public water system, and originally notified MassDEP on 9/20/11 that a routine bacteria sample collected on 9/19/11 detected positive for total coliform and e coli. bacteria.  Five repeat samples collected on 9/20/11 were confirmed positive for total coliform, but negative for e coli.   MassDEP verbally informed the system of its regulatory requirements, and directed them to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to either boil the water before drinking or consume water from an alternative source.  The written Order was issued and this action taken to help insure that the people served by the system will receive water that is pure and fit to drink.


Date: 9/20/11
municipality: ['Westhampton']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving Hathaway Construction Corporation for Air Quality violations in Westhampton.  A Hathaway consultant disclosed to MassDEP that prior to 2006, the company had installed and operated a stone crushing and processing plant with ancillary diesel engine and diesel engine generator at its facility without first obtaining a written plan approval from MassDEP.  The company, which has fully cooperated with MassDEP, has submitted a Non-Major Comprehensive Plan Application to MassDEP in 2010. Hathaway will pay a $3,000 Penalty with the remaining $3,000 suspended pending full compliance with all terms of the agreement.


Date: 9/19/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving GTI Properties for Waste Site Cleanup violations at 365 Albany Street in Boston. GTI Properties is the owner and operator of the property at 365 Albany Street, Boston, specifically the failure meet deadlines already established in a Notice of Noncompliance that MassDEP issued on 8/31/10.  Today's Order requires GTI to submit an Immediate Response Action status report, or completion report by 12/30/11.  Thereafter, a phase four remedy implementation plan report is due by 1/30/12, and a final response action outcome statement by 10/30/12. Today's Order requires $2,000 Penalty with the remaining $3,000 suspended pending compliance. There is also a stipulated penalty provision for any missed deadlines.9/19/11


Date: 9/15/11
municipality: ['Billerica', 'Worcester']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Yankee Environmental Services, LLC for Asbestos violations in Worcester. The company is based in Billerica, and is a licensed asbestos contractor. The violations were found during inspections conducted by MassDEP inspectors at the College of the Holy Cross in Worcester in 2009.


Date: 9/15/11
municipality: ['Fall River']
Text:
  MassDEP issued a Demand for a Suspended Penalty of $54,916 to Gas Recovery Systems, LLC for related to Air Quality and Solid Waste compliance at its Fall River facility. The Penalty had been suspended, as agreed to in a consent order issued on 2/4/11 due to the condition that GRS would come into compliance with a landfill gas hydrogen sulfide concentrations of 200 ppmv by 5/31/11. On 6/27/11, MassDEP received correspondence from GRS indicating the facility had not met the compliance target date criteria necessary in order for the Department to suspend the penalty.9/15/11


Date: 9/12/11
municipality: ['Auburn']
Text:
  MassDEP issued a Boil Water Order to the Century Sportsman's Club, Inc. for Water Supply violations in Auburn.  The Club is the owner and operator of a transient non-community public water system at 529 Rochdale Street in Auburn.  The Clubs was originally notified on 9/7/11 that a routine bacteria sample collected on 8/31/11 had confirmed positive for total coliform and negative for e coli.  Four repeat samples collected on 9/9 confirmed positive for total coliform and one sample, collected in the distribution sample, was positive for e coli.  On 9/9, MassDEP verbally informed the Club of its regulatory requirements and directed them to evaluate the cause of the contamination, take corrective actions, and notify it's consumers to either boil the water before drinking, or consume water from an alternative source.   This action will help insure that the people served by the PWS will receive water that is pure and fit to drink.9/9/11


Date: 9/8/11
municipality: ['Fitchburg', 'Leominster']
Text:
  MassDEP entered into a Consent Order with a $40,000 Penalty involving Carlco Construction, Inc. for Asbestos violations in Fitchburg. MassDEP determined that Carlco Construction Inc., which is based in Leominster, was in violations for site work that the company conducted at the Community Health Connections facility located in Fitchburg in December 2010.  MassDEP observed that Carlco employees had excavated several lengths of out-of-service steam pipes covered with asbestos insulation and stockpiled them on site.  The asbestos-containing insulation was dry, uncontained, not marked with any warning labels, and was exposed to the ambient air.  No notification had been provided to MassDEP for the asbestos removal work.  Under the terms of today's Order, the company will pay $8,500, with the remaining $31,500 suspended provided the company has no further violations for one year.9/8/11


Date: 9/8/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with Independent Taxi Company for Waste Site Cleanup violations at 223 Albany Street in Boston. As owner and/or operator of the property, there was a reported release at the property identified during the removal of underground storage tanks in 1991.  The specific Waste Site Cleanup violations cited in today's Order, however, were for the failure to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 6/29/11.  Today's Order requires a phase two (assessment) report by 1/30/12, a phase three (remedial alternatives analysis) report by 3/30/12, a phase four (remedy implementation) report by 5/30/12, and a final response action outcome statement by 5/30/13. Today's Order contains a stipulated penalty provision for any missed deadlines.9/7/11


Date: 9/2/11
municipality: []
Text:
  MassDEP entered into a Consent Order a $2,000 Penalty involving Pobeda RT II LLC for Waste Site Cleanup violations at 30 Washburn Street in Watertown. Pobeda RT II LLC, is the owner and/or operator of the property where violations cited involved the failure to meet deadlines set out in a previous Consent Order dated 5/21/09.  Today's Order requires a tier two permit extension submitted by 9/15/11 and a final response action outcome statement by 10/31/12. The company is also required to pay the $2,000 Penalty and there are stipulated penalties for any missed deadlines.9/1/11


Date: 9/1/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Consigli Construction Co., Inc., for Asbestos violations at Peddocks Island in Boston Harbor.  Consigli is the general contractor working at Peddocks Island.  Consilgi subcontracted JR Vinagro to perform demolition and asbestos abatement on the Island.  During a routine inspection of demolition and asbestos abatement operations on Peddocks Island in Boston Harbor, MassDEP observed breaches in the asbestos abatement work area seal. In addition, MassDEP observed inadequately- wetted asbestos material and containers that were not properly labeled. As a result of the violations observed by MassDEP, Consigli will pay $2,500 and $2,500 will be suspended for a period of one year.


Date: 8/31/11
municipality: ['Ashburnham']
Text:
  MassDEP entered into a Consent Order with a $29,648 Penalty involving Flo Chemical Corp. for Air Quality violations at its Ashburnham facility.  During a recent follow-up inspection, MassDEP determined the company had new and repeated violations of its air (permit) plan approval.  The company was not conducting permanent total enclosure testing, and it had not been maintaining all required operating records.  Failure to keep appropriate records caused the company to misreport annual emissions and potentially exceed approved emission limits.  Under the terms of today's Order, the company will pay $15,360 with the remaining $14,288 suspended pending compliance with the Order along with the submission of documentation that demonstrates the company did not exceed major source thresholds for alcohol emissions.  This action will help ensure compliance with applicable regulations.


Date: 8/31/11
municipality: ['Boston', 'Framingham']
Text:
  MassDEP issued a Unilateral Administrative Order to General Chemical Corp. to General Chemical Corp., a licensed commercial hazardous waste storage facility on Leland Street in Framingham. Under today's Order, GCC is required to provide sufficient financial assurance to guarantee it will implement required corrective actions to address volatile organic compound (VOC) groundwater contamination that originated on its property and has since migrated toward the Woodrow Wilson Elementary School and nearby residences.  In addition, the contamination is near a back-up drinking water supply aqueduct serving the city of Boston. The contaminated groundwater plume has migrated in part due to improperly designed remedial actions undertaken previously by GCC and its environmental consultants. The financial assurance mechanism would allow MassDEP to draw on the funds and complete cleanup of the GCC site should the company fail to do so. Under today's Order, GCC is given until 9/9/11 to provide the required financial assurance or face partial suspension of its license to receive and store hazardous wastes. If suspended, GCC would also be required to remove by 9/21/11 all hazardous and non-hazardous wastes it currently stores [GCC filed a lawsuit challenging today's Order on 9/7/11].8/31/11


Date: 8/30/11
municipality: ['Rowe']
Text:
  MassDEP executed an Amendment to an existing Consent Order with the Unitarian-Universalist Rowe Camp & Conference Center, Inc., in Rowe. The facility has agreed to address a water quality problem at the Center's small transient non-community public water system.  The amendment addresses Groundwater Rule compliance requirements following detections (or indicator) of fecal coliform in the source water for a portion of its system serving two buildings.  Prior to this Amendment, the facility, a public water system, was issued a Boil Water Order but only affecting the distribution system serving the two buildings.  The primary distribution system serving the main buildings is not affected by either these Orders.8/30/11


Date: 8/30/11
municipality: ['Grafton']
Text:
  MassDEP issued a Boil Water Order to Ledgewood Estates Condominium Trust for Water Supply violations (elevated bacteria) in Grafton. The Trust is the owner and operator of a small community public water system (PWS) that serves the condominium complex located on Milford Road in Grafton. This PWS was originally notified on 8/27/11 that a routine bacteria sample collected the previous day was confirmed positive for total coliform and positive for e coli.  All three repeat samples collected on 8/26/11 were confirmed positive for total coliform and negative for e coli.  On 8/27/11 MassDEP verbally informed the PWS of its regulatory requirements, and directed the PWS to evaluate the cause of the contamination, take corrective actions, and instruct the consumers to boil the water before drinking.  The written Order was subsequently issued to the PWS on 8/30/11.  Today's action will help insure that the approximately 48 persons served by the PWS daily will receive water that is fit and pure.  


Date: 8/29/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $21,575 Penalty involving Commonwealth Contracting Services LLC, for Asbestos violations at 100 Boylston Street in Boston. MassDEP inspected the work area at this location and determined that CCS had commenced asbestos abatement operations before it notified MassDEP as required by the regulations. In addition, MassDEP noted dry asbestos waste in approximately fifty labeled, asbestos waste bags. Department personnel determined that HEPA air cleaning machines operating in the CCS work area did not have alarms as required by the regulations.  As a result of the violations observed by MassDEP, the company will pay $12,000 with $9,575 suspended for two years pending compliance.


Date: 8/29/11
municipality: ['Westford']
Text:
  MassDEP issued a Unilateral Boil Water Order to Vine Brook Estates Condominium Trust for residents at this facility in Westford. MassDEP issued a Unilateral Order/Boil Order to Vine Brook Estates in Westford in response to a power outage from Tropical Storm Irene causing water pressure to drop below acceptable levels. The facility will be under a "Boil Water Order", until samples indicate a demonstrated lack or no detectable coliform in the water.8/29/11


Date: 8/25/11
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with Pride Convenience, Inc., for Underground Storage Tank (UST) violations in Springfield.  The company has agreed to address the company's noncompliance with the UST regulations at the company's twenty-two (22) gasoline dispensing facilities in western Massachusetts.  The company did not have the required automatic line leak detectors on its USTs and did not have the required financial responsibility mechanism. That mechanism is required for the coverage of the costs associated with the remediation of releases from the USTs and compensation of third parties adversely impacted by these releases.  Today's Order requires the company to install the requisite leak-detectors at each of its facilities within one hundred eighty days.8/25/11


Date: 8/23/11
municipality: ['Rutland']
Text:
  MassDEP issued a Unilateral Order to Bear Hill Estates, LLC for Wetlands violations that occurred during construction activities at the Bear Hill Estates residential subdivision in Rutland.  Inspection of the site by MassDEP identified inadequate erosion and sedimentation controls resulting in the alteration of bordering vegetated wetlands and a stream on the property.  This activity is also in violation of a local Conservation Commission permit.  Today's Order requires the owners to immediately install effective erosion controls, and to stop the discharge of sediment and silt from the site.  The owners are also required to hire an erosion control specialist to develop and submit a plan to control silt laden runoff and stabilize soils at the site, as well as hire a wetlands specialist to evaluate the extent of damage to wetlands resource areas and submit a restoration plan to MassDEP.  Both plans require the subsequent approval from MassDEP.  Compliance with this Order will result in the placement of proper erosion controls, and assure that they function properly to protect down-gradient wetland resource areas.


Date: 8/23/11
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving  R. M. Technologies, Inc. for Asbestos violations at 215 Canal Street in Lawrence.  MassDEP responded to a complaint from the Massachusetts Division of Occupational Safety regarding improper asbestos removal by RM Tech at 215 Canal Street in Lawrence. During the inspection MassDEP observed that RM Tech's work area was not properly sealed, that air cleaning was not properly utilized, that asbestos containing material, which had been removed, was not kept wet - as is required - and that the asbestos containing waste containers were not properly sealed. Under today's Order, RM Tech will pay $2,000 and $2,000 will be suspended for a period of one year pending continued demonstration of compliance.8/23/11


Date: 8/19/11
municipality: ['Stoughton']
Text:
  MassDEP issued a Unilateral Order to Joseph Savino (as trustee of Bishop's Landing Condominium Trust) for Water Supply violations at 10 Camelot Drive in Stoughton. The Trust operates an unregistered Public Water System that is currently in violation as unregulated, un-registered.  Today's Order requires the Trust to immediately bring the system into compliance.  The Order requires the Trust to hook up to the town of Stoughton's public water supply.  Within 120 days of the issuance of today's Order, the Trust must submit a completed action plan outlining the steps the Trust will take to hook up to the town of Stoughton's public water supply.  MassDEP/DWP is assisting Bishop's Landing Condominium Trust in pursuing State Revolving Fund (low-interest loans) for the required connection to the town.8/19/11


Date: 8/18/11
municipality: ['Holland']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the town of Holland, for Water Supply violations in Holland. The amendment concerns its Senior Center water system and the connection of other town offices to the same water supply source. Today's Order includes the requirement to conduct a pumping test and potential well rehabilitation activities.8/18/11


Date: 8/15/11
municipality: ['Lunenburg', 'Templeton']
Text:
  MassDEP entered into a Consent Order with a $20,150 Penalty involving Benjamin Builders, Inc., for Wetlands violations at Cook Pond Estates in Templeton.  Benjamin Builders, Inc., which is based in Lunenburg, has agreed to resolve violations of the Wetlands Protection Act that occurred during construction activities at this development located on Hubbardston Road in Templeton.  The ACOP requires the company to complete restoration work in the impacted areas according to a plan approved by MassDEP.  The work must be monitored by a wetland scientist to assure conformance to the approved plans, and a monitoring report will be submitted to MassDEP at the conclusion of the work.  Today's Order contains a fully suspended Penalty of $20,150 due to the demonstration of an inability to pay. The Order does require, however, the full restoration of 5,000 square feet of Bordering Vegetated Wetlands and 100 linear feet of stream bank.


Date: 8/15/11
municipality: ['Shelburne']
Text:
  MassDEP issued a Unilateral Order to Dragon Hill Resident's Association for Water Supply violations in Shelburne. MassDEP issued the Declaration of Water Supply Emergency to the Association in response to a written petition.  The Association had been conducting a tank inspection and cleaning. The Declaration will allow this "Community Public Water System" to provide bulk and/or bottled water to its users during such time as the system is not in full operation.8/15/11


Date: 8/11/11
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $7,700 Penalty involving Angelica Textile Services, Inc. for Air Quality, Hazardous Waste Management, Industrial Wastewater and Toxics Use Reduction violations at its facility in Worcester. Among the violations were


Date: 8/10/11
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Wayne Perry and June McKane for Wetlands violations at West Center Road in Otis. The violations found were in respect to land owned by McKane and located at 671 West Center Road, Otis.  Work at this location was undertaken associated with a landscaping business in violation. MassDEP's review of ortho-aerial photos, from 2005 indicated that 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled in to expand the area for the landscaping business. Wetlands change polygon WC2-255-1 was evaluated by staff and following a detailed inspection conducted 5/10/11 the filled wetland was confirmed. The Order requires Perry, with the consent of the owner, McKane, to fully excavate and restore the impacted BVW by 11/15/11 with the full $5,000 Penalty suspended contingent upon full compliance with terms of the Order.8/10/11


Date: 8/10/11
municipality: ['Chatham']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving Chatham Bars Inn for Water Pollution Control violations in Chatham. Chatham Bars Inn was in violation relative to the release for approximately 20 days partially treated sewage from newly installed wastewater equipment. Today's Order requires repair of leaking tanks along with payment of the Penalty.


Date: 8/8/11
municipality: ['Hopkinton', 'Pepperell']
Text:
  MassDEP executed a Consent Order with a $36,581 Penalty involving Niklaus Painting and Construction Co., Inc. for Asbestos violations in Hopkinton. Niklaus Painting and Construction Co., Inc., which is based in Pepperell, was discovered to be violation during an August 2009 inspection of renovation work that the company was conducting at the former Life Technologies Corp. facility in Hopkinton.  MassDEP inspectors observed that the company's employees had removed dry floor tiles coated with asbestos-containing mastic, and had placed them uncontained in an open top roll-off container located in the facility's parking area, leaving them exposed to the ambient air.  Under the terms of the settlement, the company has agreed to comply with all applicable regulations in the future, and to pay $2,500 of the Penalty.  The remaining $34,081 of the Penalty will be suspended provided that the company has no further violations for one year.


Date: 8/5/11
municipality: ['Beverly', 'Peabody']
Text:
  MassDEP entered into a Consent Order with a $16,050 Penalty involving FCI Inc., for Asbestos violations at 32 Shortell Avenue in Beverly. MassDEP responded to a complaint of improper removal at this property and observed visible pieces of dry, uncontained asbestos containing debris in the former work area. In addition, MassDEP determined that a final visual inspection and air sample had not been performed by a third party consultant as required.  MassDEP later performed a follow-up inspection of FCI's office and waste trailer located at 96 Lynn St. in Peabody. During the inspection MassDEP personnel observed waste which was not properly packaged in leak-tight containers in the trailer. Subsequent investigation of the FCI notifications revealed that some required notification fees had not been paid and inaccurate information had been supplied to MassDEP in some of the company's filings.  As a result of the violations, FCI will pay $4,530 and the sum of $11,500 will be suspended for the period of two years. The small business policy was utilized in reaching this settlement.8/4/11


Date: 8/3/11
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with SPX Corporation for Waste Site Cleanup violations at 19 Hathaway Road in New Bedford.  SPX Corporation of Charlotte, North Carolina, is the former owner of the property from which there has been a release of oil and hazardous materials.  Back in February 2011, MassDEP issued SPX a Notice of Noncompliance for having failed to complete the response actions required in a timely manner.  SPX requested additional time in which to comply with the NON.  Today's Order establishes negotiated timelines for completion of work at the site and contains stipulated penalties should SPX fail to comply.8/3/11


Date: 8/1/11
municipality: []
Text:
  MassDEP entered into a Consent Order with Fourzol LLC for Waste Site Cleanup violations at 340 Washington Street (Fox Cleaners) in Weymouth.  A Comprehensive Audit was conducted of Waste Site Cleanup actions at this location. A final Response Action Outcome was received by MassDEP on 12/21/06 but violations pertaining for the failure to delineate the extent of contamination were found.  In addition, the Audit found the failure to properly register and record an "Activity and Use Limitation", along with the subsequent Notice of Audit Findings and Notice of Noncompliance. Fourzol LLC has requested additional time to comply. Today's Order will extend the deadlines and ensure that a proper evaluation and cleanup of the site will be forthcoming and will occur.


Date: 7/28/11
municipality: ['Boston']
Text:
  MassDEP Consent Order with a $4,000 Penalty involving TA 234-236 Clarendon St LLP ("Clarendon") for Asbestos violations in Boston. The city's Office of Environmental Affairs requested MassDEP respond to a complaint at this address. During the inspection at the site, MassDEP determined that Clarendon had commenced demolition/renovation activities which impacted asbestos containing floor tile without notifying MassDEP. As a result of the violations observed, Clarendon will pay $2,000 and $2,000 will be suspended for a period of one year.  


Date: 7/27/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Sleeping Dog Properties, Inc. for Asbestos violations at 234 Clarendon Street in Boston.  The City of Boston's Office of Environmental Affairs requested MassDEP respond to a complaint at this address where improper demolition and asbestos removal had been initiated. During the inspection, MassDEP determined that Sleeping Dog Properties had commenced demolition/renovation activities which impacted asbestos containing floor tile without notifying MassDEP.  As a result of the violations, Sleeping Dog Properties will pay $1,000 with the remaining $3,000 suspended for a period of one year.  The small business policy was utilized in reaching this agreement.


Date: 7/27/11
municipality: ['Concord', 'Fitchburg']
Text:
  MassDEP issued a $54,937.50 Penalty Assessment Notice to Myrtle 107, LLC which is located in Concord for Asbestos violations in Fitchburg. During an inspection of a renovation project being conducted at a rental property, Myrtle 107 owns in Fitchburg, MassDEP observed the violations.  Despite knowing the insulation on the heating pipes and boiler in the structure contained asbestos, the owners allowed the asbestos insulation to be removed by scrap metal salvagers who did not have an asbestos license, any asbestos training, or personal protective equipment.  Advance notification of the asbestos removal project was not provided to MassDEP, and none of the required removal practices, handling, and storage/disposal requirements were followed.  


Date: 7/26/11
municipality: []
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office of a settlement with Lumiram Electric Corp., which agreed to correct advertising in which the New York-based distributor of compact fluorescent light bulbs (CFLs). Lumiram represented itself as a "green" company in spite of violating the Massachusetts Mercury Management Act.  In November 2009, after a lengthy investigation confirmed the company was still distributing CFLs in the state, MassDEP cited Lumiram for failing to certify a plan for educating consumers about how to recycle mercury-containing bulbs, and for not submitting required annual reports on lamp life expectancies and sales.  When the company did not respond, the agency ordered Lumiram to come into compliance and pay a $6,000 administrative penalty.  As part of its settlement with the Attorney General, the company agreed to pay an additional $1,000 in investigation costs and penalties.7/26/11


Date: 7/22/11
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $37,300 Penalty involving Joe Wilkinson Excavating, Inc. regarding Wetlands and Clean Water Act violations in Great Barrington. MassDEP determined the violations arising out of a failure to follow the plan approved in the company's valid Order of Conditions for a streambank stabilization project.  Impacts from the unauthorized portion of work resulted in exceeding the permitted thresholds including the placement of fill exceeding 5,000 square feet. Today's Order requires the submittal of a report and plan for compensatory action and execution of the plan.  The company will pay $5,000 of the Penalty with the remaining $32,300 suspended contingent upon compliance with the Order.7/21/11


Date: 7/21/11
municipality: ['Hudson', 'Sterling', 'Westborough']
Text:
  MassDEP entered into a Consent Order with a $4,869 Penalty involving Wind River Environmental, LLC, for Industrial Wastewater violations at its facility in Westborough. The company is based in Hudson and Sterling, and MassDEP determined on 4/20/11 that an indeterminate amount of industrial wastewater was illegally discharged from a Wind River vehicle to the customer's property in Westborough.  The company took corrective actions after the discharge, which included termination of the driver and retraining of remaining staff.  Today's Order requires the company to continue to comply with applicable regulations in the future, and to pay the full Penalty.  This enforcement action will help ensure the company complies with applicable industrial wastewater requirements.


Date: 7/19/11
municipality: ['Ware']
Text:
  MassDEP issued a Unilateral Order to Ware Freightyards II, Inc., of Ware for Solid Waste violations. Today's Order requires the removal and proper disposal of all foundry sand deposited at the former Ware Foundry site within sixty (60) days. MassDEP also issued a Penalty Assessment Notice that requires payment of a $12,070 civil administrative penalty for operating/maintaining this site as an open dump in violation of state regulations.


Date: 7/19/11
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with J-Juny's Glass, Inc., for Asbestos violations in Pittsfield. J-Juny's Glass, is a home improvement contractor, that had violated the asbestos violations by removed asbestos transite siding and asbestos containing insulation without first having filed notification. During an inspection of a vacant residential property and the tipping floor of a municipal solid waste combustor facility, MassDEP discovered that J-Juny had removed the material without filing a notification and without having utilized the appropriate work practices.  The company also attempted to dispose of the asbestos-containing waste material at a local combustor facility.  J-Juny cooperated with MassDEP and had the site and the tipping floor of the combustor facility cleaned up.  After an analysis of the company's financial documentation, it was determined that the company did not have the ability to pay a penalty.  Today's Order requires that J-Juny develop and implement Best Management Practices to ensure future compliance with the asbestos regulations.7/18/11


Date: 7/18/11
municipality: ['Framingham', 'Woburn']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving TJX Companies, Inc., for Waste Site Cleanup violations at 83 Commerce Way in Woburn. TJX, Inc., of Framingham, specifically failed to report a sudden release of approximately 60 gallons of diesel fuel that occurred when a snow plow severed a fuel return line for a 500-gallon above-ground storage tank at the company's Woburn warehouse.  Today's Order requires TJX to prepare and submit to MassDEP an Oil and Hazardous Material Release & Reporting/Response Plan. This plan is to be utilized by the company's employees in the event of any future release incidents.  TJX also agreed to pay an administrative $3,750, and is subject to a suspended penalty of $2,000, as well as stipulated penalties of $1,000 per day, for any future violations.7/18/11


Date: 7/11/11
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $11,500 Penalty involving Waterfront Grill Restaurant for Wetlands/Waterways violations in New Bedford.  The Grill, which is owned by 36 Homers Wharf LLC, was found to be involved the unauthorized placement of a seasonal patio bar with associated seating, on filled tidelands of New Bedford Harbor.   The entire Penalty will be suspended provided the respondent complies with the disposition of the Order, removal, within 30 days.  The SERO Waterways Program is continuing to investigate other non-water dependent seasonal activities within Commonwealth Public Trust Lands.  


Date: 7/11/11
municipality: ['Granby']
Text:
  MassDEP issued a Declaration of Water Supply Emergency to Granby Housing Authority in Granby. The Granby Housing Authority must address a water shortage at its facility.  The Declaration allows the public water system to use bulk water or bottled water to meet its needs with conditions while the facility addresses its water shortage.


Date: 7/11/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $15,375 Penalty involving Brown Oil Co., for Waste Site Cleanup violations at 111 Draper Street in Dorchester.  Specifically, Brown failed to report a sudden release of approximately 92 gallons of home heating fuel oil that occurred when a delivery was made to the wrong address.  Brown subsequently submitted a Release Notification Form to MassDEP that contained false, inaccurate, incomplete or misleading information. Today's Order requires Brown to prepare and submit to MassDEP an Oil and Hazardous Material Release Prevention and Response Plan to be followed by Brown's employees in the event of future release incidents.  Brown also agreed to pay $10,000 of the Penalty with the remaining $5,375 suspended pending compliance. There are also stipulated penalties of one thousand dollars ($1,000) per day, for any future violations.


Date: 7/8/11
municipality: ['Clarksburg']
Text:
  MasssDEP executed a Consent Order with JT Golf, Inc., as owners of North Adams Country Club, for Drinking Water violations in Clarksburg. JT Golf, Inc. operates a public water system at its North Adams Country Club that is located in Clarksburg. Today's Order addresses compliance with drinking water requirements following reactivation of the facility as a public water system.7/8/11


Date: 7/8/11
municipality: []
Text:
  MassDEP entered into a Consent Order with an $11,932 Penalty involving Dalton Fire and Water District for Water Quality violations, specifically violations of conditions contained within a Water Quality Certification relative to a culvert replacement.  Today's Order requires the District to submit a Restoration Area Plan and to provide for the required resource area mitigation with initiation of that plan by 9/1/11. Today's Order  also requires the District to pay $2,000 of the Penalty with the remaining  $9,932 suspended contingent upon compliance with the Order.7/6/11


Date: 7/6/11
municipality: ['Wilmington', 'Woburn']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving RPM Services, Inc. for Waste Site Cleanup violations at 83 Commerce Way in Woburn. Specifically, RPM, which is based in Wilmington, failed to report - as is required - a 12/29/10, sudden release of approximately 60 gallons of diesel fuel that occurred when one of RPM's trucks severed a fuel return line during snow-clearing operations. Today's Order requires RPM to prepare and submit to MassDEP an Oil and Hazardous Material Release Reporting and Response Plan, which will then be followed by RPM's employees in the event of future release incidents. MassDEP has agreed to suspend the Penalty, but RPM is subject to the amount if it fails to meet its obligations under today's Order.


Date: 7/1/11
municipality: ['Richmond']
Text:
  MassDEP entered into a Consent Order with Steadfast Foods LLC, for Drinking Water violations in Richmond.   MassDEP found that Steadfast Foods, LLC - d/b/a SOMA Catering - had been in noncompliance regarding the drinking water standards for public water systems at is facility in Richmond. Among those requirements include


Date: 6/30/11
municipality: ['Woburn']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving John E. Tremblay for Wetlands violations at 4-6 Lowell Street in Woburn. During a site inspection of an abutting property, MassDEP observed fill piles and other disturbance in an isolated vegetated wetland and within approximately 5,000 square feet of isolated land subject to flooding.  The fill piles were associated with the re-construction of a garage and other property improvements being made without the required authorization.  A cease-and-desist Order was previously issued and today's Order includes restoration of the area and two years of monitoring.  Under today's Order, Tremblay will pay $1,000 with the remaining $8,000 suspended upon full compliance.


Date: 6/30/11
municipality: ['New Marlborough']
Text:
  MassDEP executed a Consent Order with a $3,750 Penalty involving George Horton for Wetlands violations in New Marlborough.  MassDEP, specifically, found the violations of the Rivers Protection Act occurred in connection with the reconstruction of a single family home.  Horton exceeded the work approved under the application (notice of intent) including an expansion and upgrade of a right of way to the property across the street on a property of another residence.  In addition to the Penalty, Horton will restore the site (less than 2,500 s.f. of riverfront area).


Date: 6/30/11
municipality: ['Conway', 'Rehoboth']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving William E. Conway for Wetlands violations at 238 Plain Street in Rehoboth.  MassDEP found that Conway filled Bordering Vegetated Wetlands and buffer zone, prior to filing a Notice of Intent and obtaining the required valid order of conditions.  Currently, a proposal that would allow a superseding and valid order of conditions is pending before MassDEP.  In addition to the Penalty, today's Order requires restoration of the altered wetlands while allowing a wetlands crossing, with replication, to access additional upland.


Date: 6/29/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with $31,100 Penalty involving Artizan General Construction Inc. for Asbestos violations at Boston University's Robinson Building at 15 Stoughton Street in Boston. MassDEP responded to a complaint at Boston University's Robinson Building. During the inspection MassDEP observed that Artizan had performed demolition at the building which impacted asbestos containing materials.   As a result of the demolition and improper asbestos abatement activity some asbestos containing materials were not properly disposed of.  As a result of the violations observed by MassDEP, Artizan has agreed to pay $5,000 of the Penalty with the remaining $26,100 suspended pending compliance for one year. In addition, the principal of Artizan will attend asbestos operation and maintenance training. The small business policy was utilized in reaching this settlement.6/29/11


Date: 6/29/11
municipality: ['Pittsfield']
Text:
  MassDEP executed a Consent Order with an $11,200 Penalty involving John D. Duquette, Jr., for Asbestos violations in Pittsfield. The violations were discovered during MassDEP's complaint investigation of demolition activity at a residential property located in Pittsfield.  Duquette had demolished building structures at the property without properly removing asbestos floor tiles.  Duquette will pay $3,000 with the remaining $8,200 suspended for one year provided that Duquette remains in compliance with the state asbestos regulations.6/29/11


Date: 6/29/11
municipality: ['Holden']
Text:
  MassDEP issued a $32,000 Penalty Assessment Notice to Peter A. Hill for Waste Site Cleanup violations in Holden. MassDEP determined that Hill failed to submit release abatement measure status reports, relative to the cleanup contaminated property. In addition, Hill failed to submit the required phase four remedy implementation plan, and a final response action outcome statement for a release from underground storage tanks on property he owns in Holden.  An original Notice of Noncompliance was issued in 2008 for failing to meet deadlines, followed by three other notices of enforcement conference.  Today's Penalty was issued only after Hill repeatedly failed to respond to previous notices or the other requests to attend enforcement conferences to discuss a negotiated settlement.  In addition, MassDEP issued a Unilateral Order to Hill for failing to submit these reports. The Order specifically requires a submittal of the status reports within 60 days, and the submittal of final response action outcome within one year.  


Date: 6/28/11
municipality: ['Northampton']
Text:
  MassDEP issued a Declaration of Water Supply Emergency to Northampton Management Systems, Inc. due to a water supply shortage in this system located in Northampton. The Declaration was issued to address a water shortage at its Linda Manor Nursing Home facility.  The Declaration allows the public water system to use bulk water or bottled water to meet its needs with conditions while the facility addresses its tank and pump problem.6/27/11


Date: 6/27/11
municipality: ['Marlborough']
Text:
  MassDEP executed a Consent Order with a $2,300 Penalty involving Safety Kleen Systems, Inc. of Marlborough for Hazardous Waste Management violations. Safety Kleen self-reported that it had picked up a container of PCB ballasts - a hazardous material - and processed it through its treatment-storage-disposal facility in Marlborough.  PCB wastes are not listed in the company's license as a waste that can be managed through the Marlborough facility, constituting a violation of license conditions.  In a recently finalized Order, the company agreed to the penalty and to maintain compliance with all applicable requirements. The company has put additional enhanced procedures in place to lessen the chance of having similar violations occur in the future.


Date: 6/27/11
municipality: ['Douglas', 'Uxbridge']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Penbrooke Realty Trust for Wetlands violations in Uxbridge. Penbrooke Realty Trust, which is located in Douglas, agreed to resolve violations that occurred on property it owns which is located on the northerly side of Douglas Street in Uxbridge.  MassDEP's inspection of the property documented that land-clearing activities under a Massachusetts Department of Conservation and Recreation cutting plan, had in fact resulted in unnecessary equipment operation within this bordering vegetated wetlands (BVW) on the property.  Specifically, trees were felled into wetland resource areas resulting in alteration of BVW.  Under the terms of today's Order, the Trust agreed to hire a wetlands specialist to develop and implement a corrective action plan, monitor the site for re-establishment of native wetland species, and provide certification to MassDEP that any previous alterations to the wetlands have been corrected.  This action will result in re-vegetation of approximately half an acre of BVW.


Date: 6/23/11
municipality: ['Warwick']
Text:
  MassDEP entered into a Consent Order with Pioneer Valley Regional School District regarding Water Supply violations in Warwick.  The District operates a public water system at the Warwick Community School.  The school repeatedly had failed to collect the required lead and copper samples.  Today's Order requires the appropriate sites be used for collection, and that the District conduct routine sampling n 2011, 2012 and 2015.6/23/11


Date: 6/22/11
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Yell-O-Glow Corporation for Waste Site Cleanup violations at 250 Beacham Street in Everett.  Yell-O-Glow Corporation, the owner of the property specifically violated regulations by conducting a release abatement measure without submitting a plan, a violation. Today's Order requires a status report and future compliance with Waste Site Cleanup regulations. Under today's Order the Corporation will pay $1,000 with the remaining $4,750 suspended pending full compliance, as well as a stipulated penalty provision for any missed deadlines.6/22/11


Date: 6/17/11
municipality: ['Medford']
Text:
  MassDEP executed a Consent Order with Lena Falcone for Waste Site Cleanup violations at 67 Forest Street in Medford. Falcone is the homeowner of the property where specific waste site cleanup violations were


Date: 6/14/11
municipality: ['Newbury']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving The Helen Bulgaris Family Trust, for Wetlands violations at 171 Orchard Street in Newbury.  In response to a complaint, MassDEP inspected the property and found that approximately 1,700 s.f. of bordering vegetated wetland and 100 linear feet of bank of an intermittent stream tributary to the Parker River had been filled without the required authorization.  Today's Order requires full restoration of BVW and bank with long-term monitoring and reporting.   Under today's Order, the Trust will pay $3,000 with the remaining $6,000 suspended pending full compliance.6/13/11


Date: 6/7/11
municipality: ['Williamstown']
Text:
  MassDEP issued a Declaration of Water Supply Emergency to, 1561 Cold Spring Road Operating Company, LLC  - d/b/a Sweet Brook of Williamston for Water Supply violations in Williamstown. MassDEP issued the Declaration to this entity to address a water quality problem at the Sweet Brook of Williamstown facility, a community public water system serving an elderly population.  The Declaration allows the public water system to use one of its wells in excess of the approved volume to allow for blending of water from certain sources while one is off-line due to detections of arsenic in one of its sources.  The facility was previously issued a Declaration and is currently moving to install treatment for the contaminated source.6/3/11


Date: 6/3/11
municipality: ['Northbridge']
Text:
  MassDEP issued a Unilateral Order to Howard R., and Andrea M.  Fease - as trustees of the Burdon Pond Realty Trust - for Wetlands violations in Northbridge. Under today's Order, the Trust is required to stop alteration of wetland resource areas in Burdon Pond.  MassDEP and Department of Conservation and Recreation's Office of Dam Safety inspected the property and observed that the Trust had installed unauthorized flashboards to a dam, causing an increase in water elevation of Burdon Pond and altered the 'bank' around the pond.  Unauthorized reconstruction of one of the spillways on the dam had also taken place.  No permits have been issued for the above work on the dam.  Today's Order requires removal of the additional flashboards to restore the water elevation of Burdon Pond to the level of the concrete spillway and to comply with the filing requirements of the Wetlands Protection Act for any future work on the dam or installation of flashboards.   Additional enforcement with penalty assessment may be forthcoming.6/3/11


Date: 6/2/11
municipality: ['Spencer']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving the town of Spencer, Department of Utilities & Facilities Management for Wetlands violations that occurred during town maintenance work at the intersection of Chickering Road and G. H. Wilson road in Spencer.  MassDEP's inspection identified work in a wetlands resource area taking place prior to completion of the appeal period.  The town did receive a final superseding order of conditions (allowing the work), but subsequently it was determined the work resulted in discharge of silt and sediment into Stiles Reservoir because erosion controls were not yet in place.  Today's Order requires the town to obtain a generic Order of Conditions to first cover the routine maintenance work on drainage structures performed by the town's Department of Utilities and Facilities Management to assure future compliance with the Wetlands Protection Act.  Any work in potential wetland resource areas that is not covered in this generic general permit will still require an additional filing and approval of the Spencer Conservation Commission.  In addition to the Penalty, this Order will ensure that future activity will comply with the Wetlands Protection Act requirements before commencing work and will assure the protection of wetland resource areas.


Date: 6/2/11
municipality: ['Lynn']
Text:
  MassDEP executed a Consent Order with Brandy Brow Auto Parts, Inc. involving Waste Site Cleanup violations at CAPS Auto Wrecking Corp. at 1069 Western Avenue in Lynn. The specific violations were failure to meet the required response action deadlines.  Today's Order requires a phase two report and a phase three report by 4/30/12, a phase four report by 7/31/12, and a final response action outcome statement by 7/31/13. There is also a stipulated penalty provision for any missed deadlines.6/1/11


Date: 5/31/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving C.A.D. Builders LLC for Asbestos violations at 27 Ansonia Road in Boston. MassDEP responded to a complaint from the city of Boston's Office of Environmental Affairs relative to the improper asbestos removal and demolition at 27 Ansonia Road in Boston. MassDEP determined the company had completed demolition of the structure at this location prior to removal of asbestos containing materials as required by the regulations. In addition, MassDEP personnel determined that CAD had not filed notification of the asbestos work prior to commencing the activities at the site. As a result of the violations, CAD will pay $8,000 and $22,100 will be suspended for the period of two years. The small business policy was utilized in reaching this settlement.


Date: 5/27/11
municipality: []
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving the Marlborough Hospital for Waste Site Cleanup violations. Among the violations included its failure to notify MassDEP of a release of oil or hazardous material, failure to conduct an Immediate Response Action, and failure to conduct response actions without notification during an Underground Storage Tank closure. The violations were discovered during an audit of the Cleanup activities. A final Response Action Outcome has already been submitted to MassDEP, and MassDEP determined no additional cleanup actions are required.


Date: 5/25/11
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with $2,300 Penalty to the Cisco Brewers for Wastewater Management and Water Supply violations at 5 Bartlett Farm Road in Nantucket. This case involved a brewery on Nantucket that had been discharging its brewery wastewater without a required groundwater discharge permit from the Division of Wastewater Management and had been operating a transient non-community water supply without required approvals from the Drinking Water program. As a result of today's Order, Cisco Brewers has connected to the municipal water supply system and will come into compliance with the appropriate wastewater regulations. In addition to the $2,300 Penalty, Cisco has agreed to conduct a Supplemental Environmental Project (SEP). Under this SEP, Cisco will contribute $7,000 to the town of Nantucket's Massachusetts Estuaries Project Study for Hummock Pond.


Date: 5/24/11
municipality: ['Fairhaven']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Skipper Realty, LLC, for Chapter 91 violations, i.e. the unauthorized construction of a platform, 'tiki' bar, tent and seating at the Seaport Inn and Marina at 110 Middle Street in Fairhaven. MassDEP's Waterways Program determined these non-water dependent activities required authorization from the Commonwealth, which had not been obtained. MassDEP will fully suspend the Penalty following demonstrated compliance with the order.


Date: 5/24/11
municipality: ['Milton']
Text:
  MassDEP entered into a Consent Order with a $30,100 Penalty involving Unquity House Corporation for Waste Site Cleanup violations at 30 Curtis Road in Milton. As a result of an emergency waiver request MassDEP responded to 30 Curtis Road in Milton a facility owned by Unquity. During the inspection MassDEP observed that asbestos containing floor tile had been removed without the use of a work area seal or air cleaning. The loose asbestos containing waste material was placed in an exterior dumpster at the property. As a result of the violations observed by MassDEP, Unquity was assessed a $30,100 penalty. Due to Unquity's inability to pay, the entire penalty was suspended for the period of two years pending compliance.


Date: 5/24/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $74,250 Penalty involving the Trustees of Boston University for Asbestos violations at three of its buildings in Boston found during the spring of 2010. MassDEP responded to a complaint of improper asbestos removal and demolition at 15 Stoughton Street in Boston (the Robinson building). During the inspection, MassDEP determined that BU had commenced demolition and asbestos abatement in two areas of the building without notifying MassDEP of the demolition activity or the asbestos removal. MassDEP also observed that BU had failed to remove asbestos containing materials prior to demolition which impacted the asbestos. Asbestos containing materials which were removed from the work area were removed without the use of water, work area seal, or air cleaning devices as required by the regulations. The asbestos containing materials were also improperly disposed. MassDEP later responded to another BU facility, 775 Commonwealth Avenue (the Student Union site) along with the City of Boston's Office of Environmental Affairs. MassDEP observed that demolition/renovation and asbestos abatement had also commenced there without the proper notifications. During the inspection the agencies determined that BU had commenced removal of flooring materials with asbestos containing mastic without the use of water, work area seal, or air cleaning devices as required by the regulations. In addition, the material was improperly disposed. MassDEP responded to the BU residence hall at 273 Babcock Street (the Babcock Street site). During the inspection MassDEP determined that BU had commenced demolition activity and asbestos abatement activity at the site without notifying the Department as required by the regulations. As a result of the violations observed by MassDEP at the three sites BU was assessed a $74,250 Penalty. BU will pay $43,500 of the Penalty and $30,750 will be suspended for the period of one year pending compliance with the Order.5/19/11


Date: 5/19/11
municipality: ['Lee']
Text:
  MassDEP issued a Notice of Demand for a $2,500 Penalty Payment to Laurel Lake Water Power located in Lee. MassDEP issued the Demand for a Suspended Penalty to Laurel Lake Water Power for undertaking a seasonal drawdown of Laurel Lake in noncompliance with two previous Orders of Conditions (i.e. Wetlands permit) and a prior Administrative Consent Order. A demand for $2,500 of the suspended penalty was issued for the violations.5/19/11


Date: 5/19/11
municipality: ['Holbrook', 'Plymouth']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Taylor Oil Northeast for Waste Site Cleanup violations in Holbrook. The Respondent failed to notify MassDEP within two hours of having knowledge of a significant release of diesel fuel. On Friday, 10/29/10, a Taylor Oil tanker truck was struck and damaged by a front end loader resulting in the release of 1,089 gallons of diesel fuel located within 50 feet of a (protective) zone of a large community drinking water well in Plymouth. The release was not reported until Monday, 11/1/10. Taylor Oil Northeast has agreed to pay the full $20,000 Penalty for the violation, and has since that violation, conducted proper clean up procedures.5/18/11


Date: 5/17/11
municipality: ['Wellfleet']
Text:
  MassDEP issued a Unilateral "Do-Not-Drink" Order to Starfish Vacation Village, a seasonal public water system at 2302 State Highway (Route 6) in Wellfleet. Contamination by high concentrations of sodium and chloride were detected during start up of the system. The public water supplier is working with MassDEP to identify potential sources and mitigate the cause of this contamination.


Date: 5/17/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving H&M International Transportation, Inc. for Waste Site Cleanup violations at 100 Cambridge Street in Boston (Allston). H&M International Transportation, Inc., of Iselin, New Jersey, violated Waste Site Cleanup regulations by failing to make timely notification to MassDEP of an 11/5/10, release of approximately 35 gallons of diesel fuel at a rail yard in Allston. Today's Order requires H&M to develop and submit an Oil and Hazardous Material Release Reporting and Response plan to MassDEP. In addition to implementing the plan, the company will pay $5,000 of the Penalty and will be subject to the remaining portion of the suspended penalty amount ($6,500) if it violates any provision of today's Order. In addition stipulated penalties of $1,000 per day are stipulated for any future violations of the Order.


Date: 5/16/11
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $1,380 Penalty involving Ameresco Chicopee Energy LLC for Hazardous Waste violations at its Chicopee facility. MassDEP inspected the facility and found that the company had not notified MassDEP of a change in its hazardous waste generator status. Ameresco was registered as a Small Quantity Generator of waste oil, but was generating amounts of waste oil as a Large Quantity Generator. The company was also cited for using the incorrect hazardous waste generator identification number on its manifests (shipping records) along with a hazardous waste maintenance provision. Ameresco, which has cooperated with MassDEP, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection.


Date: 5/16/11
municipality: ['North Adams']
Text:
  MassDEP entered into a Consent Order with an $8,700 Penalty involving All State Environmental, Inc. and $10,560 Penalty involving Lead Tech, Inc. for Asbestos violations in North Adams. On 8/26/10, MassDEP investigated an asbestos removal operation being conducted at a commercial property. Lead Tech's asbestos notification had expired on 8/15/10, but Lead Tech continued to perform asbestos removal operations. The notification forms filed for the asbestos removal project also did not accurately identify all of the types and quantities of asbestos materials being removed. In addition, the air cleaning equipment alarm was not operable. During the investigation, MassDEP learned that Lead Tech had subcontracted All State to perform a portion of the asbestos removal project. All State did not file a notification form for its portion of the asbestos removal project. Under the terms of settlement agreements with MassDEP, Lead Tech will pay $6,000 of its Penalty, with the remaining $4,560 suspended during a two-year probationary period. All State will pay $3,000 of its Penalty with the remaining $5,700 suspended for a two-year probationary period.5/16/11


Date: 5/16/11
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Dr. Lahey's Garden Center & Landscaping and $2,690 Penalty involving Richard Fares for Wetlands violations in Pittsfield. MassDEP found that Dr. Lahey's Garden Center & Landscaping, and Richard Fares caused or undertook stream bank construction work in violation of the Massachusetts Wetlands Protection Act. Dr. Lahey's is a local landscaping company and Fares is the homeowner where certain landscaping work was undertaken. The violation were uncovered as a result of a complaint to MassDEP by Fish and Wildlife staff working in that area that had observed and tracked sediment in Sackett Brook, a cold water fishery. MassDEP observed that construction had resulted in a discharge of sediment to the river in addition to construction impacts within 50 feet of the bank, and involved approximately 2,500 square feet of river front area. This works was undertaken without a valid Order of Conditions. Now, the respondents must provide for restoration by 7/30/11 by Dr. Lahey's and Fares in accordance with an approved restoration plan. The Order also allows for the $1,000 Penalty to Dr. Lahey's to be suspended contingent upon full compliance with the Order. The Order issued to Fares allows for suspension of the Penalty to Fares contingent upon compliance with the Order.5/13/11


Date: 5/12/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $31,100 Penalty involving WEMAC Contracting Inc. for Asbestos violations at Boston University's Robinson Building located at 15 Stoughton Street in Boston. MassDEP responded to a complaint of illegal removal of asbestos containing material at 15 Stoughton Street in Boston. MassDEP found that WEMAC had commenced demolition in two areas of the Robinson Building without the notifying MassDEP as required. In addition, WEMAC had commenced demolition in these two areas prior to removal of asbestos containing materials which were impacted by the demolition. MassDEP further determined that the asbestos had been improperly removed or damaged without the use of water, work area seal, or air cleaning devices. MassDEP also determined that asbestos containing material had been removed from the site and improperly disposed of. As a result of the violations, WEMAC will pay $5,000 and $26,100 will be suspended for the period of one year. The small business policy was utilized in reaching this settlement.


Date: 5/12/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $34,430 Penalty involving Pappas Industrial Parks, Inc for Waste Site Cleanup violations at 404 West First Street in South Boston. Pappas Industrial Parks, Inc, is the developer of the property where MassDEP found a failure to comply with required Waste Site Cleanup measures. Specifically, under an Activity and Use Limitation placed on the property, and certain deadlines established in a Notice of Noncompliance/Notice of Audit Findings. Today's Order establishes new deadlines for the submittal of all phases of the cleanup along with a final response action outcome statement, or remedial operating status. Under today's Order, the developer will pay $10,000 of the Penalty with the remaining $24,430 suspended pending compliance. In addition there is a stipulated penalty provision for any missed deadlines.


Date: 5/12/11
municipality: ['Rowley']
Text:
  MassDEP entered into a Consent Order with a $26,600 Penalty involving Rowley Industrial Park Corp for Waste Site Cleanup violations at 110 Boxford Road in Rowley. Today's Order includes timelines for submittal of a Remedy Operation Status report and a Remedial Monitoring report to return this site to compliance with the regulations. This site has been in the system since 1991. Rowley Industrial Park Corp. will pay $1,000 and $25,600 will be suspended. The $25,600 suspended penalty will come due if Rowley Industrial Park Corp. fails to comply with the response action deadlines established. This enforcement action will lead to the cleanup of contaminated groundwater and soil emanating from a release of hydraulic oil at the site.5/11/11


Date: 5/11/11
municipality: ['Plainfield']
Text:
  MassDEP entered into a Consent Order with M & J Fortier, Inc. for Water Supply violations in Plainfield. Specifically the company had not met compliance with the drinking water standards for public water systems at its facility the Hilltop Colonial Inn in Plainfield. Requirements included a certified operator, monitoring, cross-connection control, emergency response and source protection.


Date: 5/10/11
municipality: ['Fall River']
Text:
  MassDEP executed a Consent Order with a $5,350 Penalty involving Eminar Trucking Inc. for Asbestos violations at 202 East Main Street in Fall River. Eminar Trucking, Inc. disposed of asbestos-containing material at a location not approved to manage that it, a violation, and further failed to remove asbestos-containing material prior to demolition, also a violation. Eminar will pay $1,500 of the Penalty while MassDEP has agreed to suspend $3,850 of the remaining amount.5/9/11


Date: 5/9/11
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with a $4,315 Penalty involving Cyn Oil (Express Towing) for Waste Site Cleanup violations at 145 Howard Street in Braintree. Cyn Oil, which is located in Stoughton, Massachusetts, was in violation of waste site cleanup notification regulations. Cyn Oil failed to notify of a release of diesel fuel above the reportable quantity from an above-ground storage tank within two hours.


Date: 5/6/11
municipality: ['Littleton']
Text:
  MassDEP issued a Unilateral Order to John and Jane DiVincenzo for Wetlands violations in Littleton. In response to a request for assistance from the Littleton Conservation Commission, MassDEP inspected the Stewart's Septic Service, (DiVincenzo) specifically a site on Harwood Avenue in Littleton. MassDEP determined that liquid, non-septage wastes had been discharged by Stewart's Septic Service trucks into a retention area. This area was breeched, allowing the wastes to flow into adjacent wetland resources. Today's Order requires the company to immediately cease any further discharge of materials at the site, and to provide documentation including the source of the materials, the nature and volumes of materials discharged, and the details of any cash payments involved with the transactions.5/6/11


Date: 5/4/11
municipality: ['Mendon']
Text:
  MassDEP entered into a Consent Order with Anna Corporation for Water Supply violations in Mendon. Under today's Order, the company will establish an enforceable schedule for development of an approved transient, non-community public water system (TNC) at its facility, the End Zone Sports Pub and the Outer Limits Dance Club, located at 39 Milford Street in Mendon. Today's Order requires the owners to operate the on-site well in accordance with the requirements for all TNC systems. Among the requirements


Date: 5/4/11
municipality: ['Northfield']
Text:
  MassDEP entered into a Consent Order with Pioneer Valley Regional School District for Water Supply violations in Northfield. Pioneer Valley Regional School District failed to properly collect lead and copper monitoring samples in 2009 and 2010. Under today's Order the Water System must comply with all its requirements.


Date: 5/4/11
municipality: ['Mendon']
Text:
  MassDEP entered into a Consent Order with Kathleen Gorman and Susan L. Swanson of Mendon for Water Supply violations. Gorman and Swanson have agreed to establish an enforceable schedule for development of an approved transient, non-community public water system (TNC) at their facility, the Mendon Twin Drive-In, located at 35 Milford Street in Mendon. Under today's Order, the owners will operate the on-site well in accordance with the requirements for a TNC system. Among those requirements


Date: 5/3/11
municipality: ['Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty involving Massachusetts Department of Corrections for Air Quality and Hazardous Waste violations at Bridgewater Correctional Complex in Bridgewater. MassDEP conducted cross or multi-media inspection and found that Bridgewater Correctional Complex had a ripped fuel hose of the gasoline pump, a failure to operate and maintain a stage two (vapor recovery) system in accordance with a previous Order. Further, the facility accumulated two (2) containers of hazardous waste, and failed to properly mark a hazardous waste accumulation area or conduct weekly inspections of its hazardous waste accumulation areas. Today's Order ensures compliance with the Air Quality and Hazardous Waste regulations. The Penalty is suspended pending the facility take corrective actions to bring the facility into compliance.


Date: 5/3/11
municipality: ['Sudbury']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Henderson House of Sudbury Realty Trust for Groundwater Discharge violations at Sudbury Pines Extended Care Facility in Sudbury. MassDEP found the violations at Henderson House of Sudbury Realty Trust for the Sudbury Pines Extended Care Facility. MassDEP issued the facility a groundwater discharge permit and plan approval for the construction of a wastewater treatment plant on 4/26/06. The wastewater treatment plant and associated leaching field, however, were never constructed. The penalty was suspended, provided Henderson House Realty Trust constructs the wastewater treatment plant and leaching field by 6/1/13.


Date: 4/29/11
municipality: ['Worcester']
Text:
  MassDEP issued a $54,714 Penalty to Patriots Environmental Corporation for Asbestos and Hazardous Waste Management violations in Worcester. The company is a licensed asbestos contractor, which MassDEP alleges committed thirty-two violations which happened at four different locations


Date: 4/29/11
municipality: []
Text:
  MassDEP entered into a Consent Order with Brimfield Housing Authority to ensure compliance with Water Supply Regulations. The Brimfield Housing Authority is a community public water system. Today's Order addresses the repair or replacement of the Authority's storage tank, an action undertaken based on the results of a tank inspection and the requirements in a sanitary survey report.4/29/11


Date: 4/28/11
municipality: []
Text:
  MassDEP issued a $3,000 Penalty to Energy Thorndike for Waste Site Cleanup violations at the former Cascades Diamond Mill in Palmer. Following Energy Thorndike's purchase of the property in 2005, MassDEP issued a Notice of Responsibility on September 15, 2006, to Energy Thorndike informing it of its Waste Site Cleanup responsibilities and liabilities as the current owner of confirmed oil or hazardous materials release site. Previously under the tenure of Cascades Diamond there had been a release of fuel oil from a 20,000 gallon underground storage tank. That spill migrated under one of the mill buildings and into the Ware River. While Cascades Diamond did complete a number of response actions on site, including the removal of the tank and a large amount of contaminated soil, more work still remained (and remains) to be done, as contamination exists at high levels under the building. Energy Thorndike was notified that further response actions were still necessary to address the extent of contamination. MassDEP issued several notices to the Energy Thorndike and extended several opportunities for them to come into compliance. In an effort to return to compliance, Energy Thorndike entered into a Consent Order with a $4,000 Penalty with MassDEP to complete response actions by 9/14/10. Energy Thorndike, however, failed to comply with that Order. Due to Energy Thorndike's failure to comply with the previous Order, MassDEP has now fined Energy Thorndike an additional $3,000 based on the stipulated penalty provision contained in the 9/14/10 Order.


Date: 4/28/11
municipality: ['Berlin', 'Westborough']
Text:
  MassDEP entered into a Consent Order with Riverbridge West-1 and Riverbridge North, LLC to address Water Pollution Control regulations in Berlin. The two LLCs, both of Westborough, are authorized short-term use of an on-site subsurface disposal system at a mixed use development in Berlin known as "Riverbridge". This agreement allows the LLCs to discharge wastewater from a gas station/convenience store for a 90-day period while the developers address remaining legal issues associated with the application for a groundwater discharge permit.4/28/11


Date: 4/28/11
municipality: ['West Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving R&H Metal Processing for Hazardous Waste management violations in West Bridgewater. MassDEP conducted a multi-media inspection and found that the company had not complied with hazardous waste generator requirements in failing to operate within their registered status of Small Quantity Generator (SQG). The inspection revealed the company was accumulating hazardous waste longer than the one hundred and eighty days allowed for a SQG of hazardous waste. Under today's Order, in addition to the Penalty, the company is required to come into compliance with the applicable regulations.4/26/11


Date: 4/20/11
municipality: ['Tyringham']
Text:
  MassDEP entered into a Consent Order with an $8,500 Penalty involving New England Environmental (NEE) for Wetlands violations in Tyringham. NEE, conducted work in violation of the permit (or superseding order of conditions) on the site, including construction within a resource area that failed to meet the performance requirements. The agreement requires NEE maintain full compliance with special conditions #34 and #39 of the permit (or SOC). Also, NEE must conduct additional plantings within the bordering vegetated wetlands and monitoring the vitality of mitigation areas. Under the agreement, the company will pay $2,500 of the Penalty with the remainder suspended pending full compliance with the terms of today's Order.4/20/11


Date: 4/20/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Christopher and Anna Picard for Wetlands violations in Easthampton. MassDEP found that Christopher and Anna Picard were responsible in the placement of fill in a wetland without permits. The activity resulted in the alteration of approximately 1,500 square feet of resource area. That area shall be restored pursuant to the Order. Under today's Order, the fill will be removed, and the entire $1,000 Penalty will be suspended provided the terms are met.


Date: 4/20/11
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order with a $59,530 Penalty involving Ferreira's Used Cars and Parts, Inc. for numerous environmental violations in Carver


Date: 4/20/11
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $29,100 Penalty involving ZVI Construction Co., LLC, for Asbestos violations at 775 Commonwealth Ave. in Boston. MassDEP and the City of Boston's Office of Environmental Affairs responded to a report of improper asbestos removal at Boston University's Student Union at 775 Commonwealth Ave., in Boston. During the inspection MassDEP determined that ZVI had improperly removed and disposed of asbestos containing materials from the site. Under today's agreement, ZVI will pay $10,000 of the Penalty with the remaining $19,100 will be suspended for a period of one year provided compliance with the regulations is met.


Date: 4/14/11
municipality: ['Barre']
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty involving Coldbrook RV Resort LLC, for Ground Water Discharge violations in Barre. MassDEP noted the violations at the campground known as Camp Coldbrook on Old Coldbrook Road in Barre. Under the terms of the Order, the company has agreed to a legally enforceable schedule to bring the wastewater infrastructure at the campground into compliance by either connecting to a municipal sewer, or by developing an on-site groundwater discharge facility. The company also agreed to develop an Interim Operation Plan to maintain the existing on-site disposal systems to ensure proper operation until the long-term remedy can be completed. This action will result in the proper treatment of 22,500 gallons per day of wastewater.


Date: 4/14/11
municipality: []
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty involving Strategic Materials Inc. for Air Quality control violations in Franklin. During an inspection conducted last October, MassDEP determined that the company failed to obtain a Comprehensive Plan Approval as required relative to potential air emissions. Today's Order requires the company to apply for the approval, and to pay the $12,000 Penalty. Possible storm water noncompliance was observed during the initial inspection, and that matter has been referred to the relevant agency (the Environmental Protection Agency) to determine compliance. MassDEP's enforcement action will help ensure the company complies with applicable Air Quality Control requirements.


Date: 4/14/11
municipality: ['Oxford']
Text:
  MassDEP issued a Demand Letter for a $15,275 Penalty involving Flagg Palmer Burial Vault Company, Inc. for Groundwater Discharge violations in Oxford. MassDEP issued a Demand for Payment of Suspended Penalties to the Flagg Palmer Burial Vault Company, Inc. of Oxford for continuing violations of Industrial Wastewater Regulations. Among other violations, the company discharged process wastewater to the ground without obtaining a MassDEP issued Groundwater Discharge Permit as it was subject of a 2009 Consent Order. Previously, under the Small Business Policy, all but $2,000 of the Penalty had been suspended pending compliance with applicable regulations. After numerous inspections, however, it was determined that the company continued or failed to comply. In addition to the demand letter seeking the suspended $15,275 Penalty, the company will return to compliance.


Date: 4/14/11
municipality: ['Oxford']
Text:
  MassDEP issued two Unilateral Administrative Orders to Flagg Palmer Burial Vault Company, Inc. for Industrial Wastewater and Hazardous Waste Management violations in Oxford. MassDEP found the company has not adequately addressed the violations involving the company's continued failure to characterize the nature of wastewaters generated at its facility, as well as for failing to either cease or properly manage its discharge.


Date: 4/14/11
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Hartley Brothers Landscaping, Inc. for Waste Site Cleanup violations in Westfield. MassDEP fined the operators and owner of this landscaping firm for failure to promptly notify MassDEP of the discovery of elevated arsenic levels found in surface soil within 500 feet of a residence. In response to MassDEP requirements, Hartley Brothers did immediately undertake the required assessment actions, restricted access to the contaminated area, submitted reports and entered into an agreement with MassDEP to quickly complete the cleanup of the contaminated area.


Date: 4/13/11
municipality: ['Woburn']
Text:
  MassDEP issued a Unilateral Order to John Tremblay for Wetlands violations at 4-6 Lowell Street in Woburn. The Order requires Tremblay to cease and desist violations at 4-6 Lowell Street in Woburn. MassDEP inspected the site in response to a complaint and observed more than approximately 5,000 square feet of filling taking place within a resource area (Isolated Land Subject to Flooding) that is also a federally jurisdictional and isolated vegetated wetland. Besides requiring a cease-and-desist of all such activity, today's Order further requires installation and maintenance of erosion controls until further directed by MassDEP. Additional enforcement actions are expected.


Date: 4/12/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving Langone Realty Corporation for Wetlands violations in Agawam. MassDEP found the company had undertaken site preparation - including construction - at the Mark Drive subdivision without the necessary prior approval. The violation was discovered during the review of ortho-aerial photo maps of the site. During a subsequent review and site inspection, MassDEP confirmed that 7,000 square feet of Riverfront Area impact. Langone will restore the Riverfront Area by 9/30/11 and pay $2,000 of the Penalty with $4,000 suspended contingent upon full compliance with the Order.4/11/11


Date: 4/11/11
municipality: ['Warren']
Text:
  MassDEP issued a Consent Order with a $500 Penalty involving John Lizak for Air Quality Control and Solid Waste violations in Warren. MassDEP found Lizak violated regulations relative to the open burning of tires at his residence.


Date: 4/11/11
municipality: ['Warren']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Lizak Bus Service, Inc., for Underground Storage Tank, Air Quality and Hazardous Waste Management violations in Warren. Lizak Bus will correct violations related to excessive idling, and has agreed to remove its underground storage tank. Lizak Bus Service, Inc. will pay $500 of the Penalty with the remaining $500 suspended for a six-month period pending the company's compliance with the terms of the agreement.4/11/11


Date: 4/7/11
municipality: ['Douglas']
Text:
  MassDEP entered into a Consent Order with a $12,150 Penalty involving Robert Kiley for Solid Waste violations in Douglas. MassDEP Commissioner Kenneth Kimmell issued a Final Decision which dismissed Kiley's appeal of a Notice of Intent to Assess a Civil Administrative Penalty that had been issued in December of 2008. Commissioner Kimmell affirmed the Penalty as originally issued. The Penalty was based upon numerous Solid Waste violations that were determined to exist at a property that Kiley owned at the time in Douglas. Under the terms of the Final Decision, Kiley must pay the $12,150 Penalty as originally assessed.


Date: 4/6/11
municipality: []
Text:
  MassDEP entered into a Consent Order with Easthampton Rod and Gun Club, Inc. to ensure Water Supply compliance with applicable regulations in Easthampton. MassDEP concluded today's Order with the Easthampton Rod and Gun Club, Inc. to address the need to ensure compliance with drinking water standards (source water) at this a transient non-community public water system.4/6/11


Date: 4/6/11
municipality: ['Randolph']
Text:
  MassDEP entered into a Consent Order with an $18,975 Penalty involving Pura Vida H20, Inc., for Water Supply violations. The company, which is based at 1 Kellaway Drive in Randolph, constructed, installed and operated several water vending machines in Massachusetts without any permits. Today's Order requires Pura Vida to register each of these vending machines as public water supplies. Under today's Order, Pura Vita will pay $6,000 of the Penalty and MassDEP has agreed to suspend the remaining $12,975 provided Pura Vida complies with the terms and conditions of the Order.4/6/11


Date: 4/6/11
municipality: ['Salisbury']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Patricia O'Shea for Waste Site Cleanup violations at 23 Rabbit Road in Salisbury. O'Shea is the owner of the property where MassDEP found a failure meet deadlines set out in notice of noncompliance dated 11/17/09. Today's Order requires either a phase one report and a tier classification submittal, or, a final response action outcome statement by 11/30/11. In addition to the $500 Penalty there is a stipulated penalty provision for any missed deadlines.4/5/11


Date: 4/4/11
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with an $8,700 Penalty involving K&J Interiors for Solid Waste violations in Plymouth. K&J interiors sent asbestos waste to a solid waste transfer station.   To remedy the violation K&J Interiors has removed the waste material from the transfer station and agreed to perform a comprehensive asbestos survey at the point of generation. MassDEP has agreed to fully suspend the Penalty.


Date: 4/1/11
municipality: ['Eastham']
Text:
  MassDEP entered into a Consent Order with a $4,957 Penalty involving Atlantic Breeze Inn & Cottages/J. Bruce MacGregor for Water Supply violations in Eastham. AS the owner of a small motel, which also serves as a registered public water supply, the company and MacGregor were in violation for failure to monitor (nitrates and total coliform bacteria), failure to submit additional environmental monitoring checklist, and operating a public water system without a certified operator. The respondent will pay $2,400 of the Penalty with the remaining $2,557 suspended pending continued compliance.


Date: 3/31/11
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with Chelsea North LLC for Waste Site Cleanup violations at 260 Maple Street in Chelsea. As owner of the property, Chelsea North LLC failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 1/13/11. Today's Order requires a phase two assessment report and a phase three (remedial plan) report by 3/15/12, a phase four (selection and implementation of cleanup plan) by 6/15/12, and a final response action outcome statement by no later than 12/31/12. Today's Order contains a stipulated penalty provision for any missed deadlines.3/31/11


Date: 3/29/11
municipality: ['Southwick']
Text:
  MassDEP issued a cease-and-desist order to 20 Depot Square LLC for Wetlands violations in Southwick. The LLC is a developer of an over 55 community. MassDEP is requiring that this community cease the discharge of sediment to bordering vegetated wetland and land under water. Further, the LLC is required to stabilize the site from further damage. Additional enforcement action by MassDEP is anticipated.


Date: 3/28/11
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with Richard Watling Plumbing and Heating for Asbestos violations in Westfield. The violations were discovered during MassDEP's investigation of a complaint involving renovation activities at a residential rental property located in Westfield. The local Board of Health reported that asbestos thermal insulation had been removed without employing the proper asbestos removal, handling and disposal procedures. Watling cooperated with MassDEP and arranged to have the property properly cleaned up. MassDEP has determined that Watling's inability to pay necessitates the suspension of a penalty. MassDEP does require that Watling develop a Standard Operating Procedure for future work he conducts that may involve asbestos-containing materials. Today's Order, however, does require stipulated penalties if any future asbestos noncompliance occurs within the next two years.   


Date: 3/28/11
municipality: ['Hinsdale']
Text:
  MassDEP issued a Unilateral Order to Gerard A. Brunet & Patricia A. Brunet for Drinking Water violations in Hinsdale. The two Brunets operate a public water system (PWS) known as Bisselville Estates, located in Hinsdale. As a PWS, the owners are required to submit water quality monitoring results.


Date: 3/28/11
municipality: ['Lancaster']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Cumberland Farms, Inc., for Waste Site Cleanup violations in Lancaster. MassDEP found violations of the environmental cleanup requirements at the Cumberland Farms (Five Corners) gas station located in Lancaster. Cumberland Farms failed to provide notice of a mechanical failure of a remedial system, and failed to meet the performance standard in its previously submitted Remedy Operation Status. The company also conducted response actions without a valid tier one permit. Violations have been corrected with the submittal and implementation of a revised phase four remedy implementation plan to enhance contaminant biodegradation with application of oxygen-releasing compound. The Consent Order requires payment of $7,500, and contains stipulated penalty provisions for any future violations.


Date: 3/28/11
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $7,525 Penalty involving Jack Gottlieb for Asbestos violations in Worcester. MassDEP found that Gottlieb, as trustee of the One Brussels Street Realty Trust violated asbestos regulations as discovered during an April 2009 inspection of a Worcester property owned by the Trust. MassDEP inspectors discovered several heating system pipes covered with asbestos insulation lying in a parking lot at the site. The Trust has agreed to pay a $7,275 Penalty and, in addition, will spend at least an additional $21,825 to complete a Supplemental Environmental Project (SEP). Under the SEP, the Trust will retain a licensed asbestos inspector to conduct a thorough, comprehensive asbestos survey of "Building A", which is the remaining building on the property not the building involved in aforementioned violations. The SEP also requires the Trust to retain a licensed asbestos contractor, within 30 days of completion of the survey, to remove any friable asbestos containing material identified in the survey on the heating system (boilers, pipes, tanks etc.). The asbestos removal work must be completed by the licensed asbestos contractor within 60 days of completion of the survey and post and maintain all appropriate signs and labels. 3/28/11


Date: 3/28/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,040 Penalty involving Lantheus Medical Imaging, Inc., for Industrial Wastewater violations at 331 Treble Cove Road in North Billerica. MassDEP found during an unannounced inspection at its radiopharmaceuticals manufacturing facility. The violations consisted of failure to apply for a MassDEP sewer connection permit (BWPIW38) modification prior to installing and operating two pH neutralization systems on site. The company did not have the required operation-and-maintenance manual for its on-site Industrial Wastewater Pretreatment System (IWPS), and did not have revised and modified engineering plans for its IWPS. Lantheus Medical Imaging, Inc. will pay $2,880 and apply for a BWPIW38 sewer connection permit modification within thirty days.   MassDEP agrees to suspend payment of the sum of $3,160 for one year. Lantheus Medical Imaging, Inc. will also prepare an O&M manual, along with revised and modified engineering plans for its IWPS, stamped and signed by a certified professional engineer.3/25/11


Date: 3/25/11
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Stephen and Marcia Sullivan for Wetlands violations in Dartmouth. The Sullivans own coastal property where an unpermitted construction of a vertical seawall was done, along with the placement of concrete drainage pipes on coastal beach. Also there was removal of cobble from a portion of the beach, and construction of an elevated wooden stairway on a coastal bank. Today's Order requires the removal of the seawall and pipes. Also, the Sullivans have agreed to restore 1,400 square feet of coastal beach. The Sullivans must also pursue an after-the-fact approval for the elevated stairway, and either obtain approval or remove the stairway.


Date: 3/25/11
municipality: ['Lawrence']
Text:
  MassDEP was notified that an Essex County Grand Jury returned indictments against Robert Norcross a Methuen based developer. Norcross was indicted on charges of violating the Massachusetts Clean Air Act (three counts) for failure to file notification prior to asbestos removal, improper removal of asbestos containing material, and improper disposal of asbestos waste. MassDEP, along with other agencies, acted on information received that illegal asbestos removal and disposal had occurred at an occupied multi-family apartment building in Lawrence. The information indicated that Norcross had allegedly ordered untrained workers to remove asbestos containing insulation from an area of the property used by the tenants to wash laundry. It is believed that the asbestos containing material was removed without the use of work area seal or air filtration. Further investigation found that bags of asbestos containing waste material were transported to New Hampshire for improper disposal. The defendants are scheduled to be arraigned in Essex Superior Court on 3/14/11.


Date: 3/24/11
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving CineLab, Inc. for environmental violations in Fall River. CineLab, Inc., which is a motion picture film processing facility, has agreed to resolve violations of the Hazardous Waste and Water Pollution Control (sewer extension/connection) regulations. In August 2010, in response to odor complaints, MassDEP conducted a site inspection of CineLab, Inc. The inspection and review of MassDEP and local records revealed several violations.   CineLab, Inc. will pay the $2,500 Penalty, register as a generator of hazardous waste and ensure that the silver recovery waste is properly managed. CineLab must also sample the effluent from their facility to ensure that the discharge meets the city's industrial pre-treatment standards. The facility intends to relocate to a new facility in Massachusetts within a few months and the consent order also includes requirements to operate in accordance with these regulations at the new location.3/24/11


Date: 3/24/11
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Grace Floramo as trustee of Floramo Realty Trust for Waste Site Cleanup violations at 7 Prescott Street in Everett. As owner and/or operator of the property at 7 Prescott Street, Everett, the Trust failed to meet specific Waste Site Cleanup deadlines already established in a Notice of Noncompliance issued by MassDEP on 12/28/10. Today's Order requires a phase two report by 9/30/11, a phase three report by 10/30/11, a phase four report by 12/30/11, and a (final) Response Action Outcome statement by 1/15/13. There is a stipulated penalty provision in the event of any missed deadlines.


Date: 3/24/11
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order with a $9,172 Penalty involving the The Smither Group LLC, for Water Supply violations in Westport. The Smither Group LLC is the owner of a mixed use (residential and commercial) property in Westport, where it operates as a public water system. Under today's Order, the Group, is required to retain a certified operator, sample the well, record an affidavit of PWS status at the Registry of Deeds, and submit a coliform sampling plan. In addition, the Group must prepare and submit an Emergency Response Plan compliance checklist, a Consumer Confidence Report, and a 2010 Annual Statistical Report. The Group must also pay $4,000 of the Penalty with the remaining $5,172 suspending provided respondent satisfactorily and timely completes the required actions.


Date: 3/21/11
municipality: ['Lynnfield']
Text:
  MassDEP was notified that an Essex County Grand Jury had issued an Indictment regarding the owners of an unlicensed Lynnfield asbestos removal business, along with an employee, were indicted on charges of violating state environmental and wage laws as a result of an investigation conducted by MassDEP, the Environmental Strike Force and the Attorney General's Office. The company improperly conducted several removal jobs without the proper notification and illegally stored waste in lockers at a self storage location.3/18/11


Date: 3/16/11
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving New Homes by Castelo, Inc., for Hazardous Waste Management violations in New Bedford. New Homes by Castelo, Inc. has hired an environmental cleanup company to properly dispose of waste material, and will pay the $500 Penalty while ensuring that all waste generated by their activities is properly handled, stored, and sent for disposal/recycling in accordance with MassDEP regulations.3/16/11


Date: 3/14/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving American Dry Ice Corporation in Palmer for environmental violations. The noncompliance was observed during an inspection of the company's facility where MassDEP inspectors observed that oily wastewater from the manufacturing building had been discharged to the ground. In addition, MassDEP observed that the company had allowed its contractor to conduct outdoor sand blasting and spray painting operations without the use of any air pollution control equipment or containment. The company, which fully cooperated with MassDEP, obtained the services of an environmental consultant to clean up the site, installed an oil water separator and connected its floor drains to the local sewerage system. In addition to paying $3,000, the company has agreed to take steps to prevent noncompliance in the future. MassDEP agreed to suspend the additional $2,750 provided the company complies with all the terms of the consent agreement.3/14/11


Date: 3/14/11
municipality: ['Phillipston']
Text:
  MassDEP entered into a Consent Order with a $1,150 Penalty involving The Red Apple Farm, LLC for Water Supply violations in Phillipston. Today's Order establishes a legally-enforceable schedule for the development of an approved transient, non-community public water system (PWS) at its facility consisting of a farm store and function hall located at 455 Highland Avenue in Phillipston. Further, it requires the owners to operate the on-site well in accordance with the requirements for a water system which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements, developing an emergency response plan, and recording the public water system in the Registry of Deeds. Under the agreed terms, the owners will not expand the PWS without prior MassDEP approval. The Penalty is suspended provided the company complies with the Order and has no additional violations for a one-year period. This action will ensure that the visitors served by this PWS will continue to receive water that is safe and fit to drink.


Date: 3/11/11
municipality: ['Millis', 'Norfolk']
Text:
  MassDEP issued a Boil-Water Order to the town of Millis for a portion of the Millis Municipal Water System, specifically, the residents in the area from 226 Pleasant Street in Millis to the end of Dean Street in Norfolk, who are being provided water through a temporary bypass due to a water-main break. Today's Boil Order was required until testing by a MassDEP certified lab can verify the safety of the water in this new water line. Through today's Order, the town is required to provide public notice to boil the water until further notice, and disinfect the water supply system. This action will result in protection of the approximately sixteen customers served by this portion of the system.


Date: 3/10/11
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Atlantic Bay Contracting Co., Inc. for Asbestos violations at 515 Somerville Avenue in Somerville. During a routine inspection of an asbestos abatement site, MassDEP personnel observed asbestos containing waste material which was not properly sealed in leak tight containers. As a result of the violation observed, Atlantic Bay will pay a $1,000 Penalty and agree to comply with all applicable regulations.


Date: 3/10/11
municipality: ['North Andover']
Text:
  MassDEP entered into a Consent Order with a $31,000 Penalty involving Alcatel-Lucent USA Inc, for Waste Site Cleanup violations at 1600 Osgood Street in North Andover. Alcatel is the previous owner and operator of 1600 Osgood Street where waste site cleanup violations included failure to submit a phase four remedy implementation plan and achieve a (final) Response Action Outcome. MassDEP had already issued a Notice of Noncompliance to Alcatel on 10/6/08 with deadlines that were not met. New deadlines have now been established in today's Consent Order. Alcatel will ensure that they return to compliance with the submittal of a phase four plan by 4/15/11, and a (final) Response Action Outcome Statement by 10/1/11. In addition, Alcatel-Lucent UAS Inc. has agreed to pay a $15,000 Penalty, with an additional $16,000 Penalty suspended, pending compliance with today's Order.


Date: 3/7/11
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Rachel Fredrickson and Paul Mayo for Wetlands violations in Leominster. Frederickson and Mayo were responsible for violations of the Wetlands Protection Act that occurred during renovations taking place at 19 Lisa Drive in Leominster. At the request of the Leominster Conservation Commission, MassDEP representatives inspected the property and observed alteration of bordering vegetative wetlands and dredging of an intermittent stream bed without the approval of the local conservation commission. Today's Order establishes a legally-enforceable schedule under which the restoration of the altered wetland area will be carried out, as outlined in a plan approved by MassDEP, and also requires the placement of effective sedimentation and erosion controls. In addition to the Penalty, 2,000 square feet of BVW and an additional 150 linear feet of stream bank will be restored.


Date: 3/1/11
municipality: ['Holland']
Text:
  MassDEP was informed that an Appeals Court had denied a motion by Northeast Concepts/James LaMountainof Holland to stay the Superior Court Judgment on February 22, 2011. On March 1st, MassDEP will meet with a new representative of LaMountain to review the requirements of a Superior Court Judgment against Mr. LaMountain, particularly the restoration requirements within that judgment.3/1/11


Date: 2/28/11
municipality: ['Wrentham']
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty involving Armitage Auto Parts, Inc. for Solid Waste Hazardous Waste Management violations in Wrentham. In February 2010, following a fire at Armitage Auto Parts, Inc., MassDEP responded to the potential release of hazardous materials and conducted a number of site inspections of the facility. Armitage Auto Parts, Inc. was found to be in violation of the solid waste regulations and the hazardous waste regulations, due to the illegal storage of waste materials at the site. The full Penalty was suspended so that financial resources could be utilized for the successful cleanup of the site. In addition to complying with the schedule in the Order, the facility will install erosion control/stormwater runoff barriers along the stream and submit an Auto Recycling and Junkyard Best Management Plan for future operations at the facility.   


Date: 2/28/11
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with John P. Lataille for $36,625 Penalty involving Asbestos violations at a convenience food shop in Leominster. John P. Lataille, doing business as the JPL Construction Corporation, was conducting operations at a convenience store (Tedeschi's) during an August 2010 inspection. During renovations of the store, the company improperly removed, handled and stored asbestos-containing floor tiles. In addition, notification of the asbestos removal project had not been provided to the Department. Under the terms of the settlement, Lataille agreed to comply with all applicable regulations in the future. The entire Penalty was fully suspended after Lataille successfully demonstrated a financial inability to pay the penalty, and provided that he has no further violations for one year.


Date: 2/25/11
municipality: ['Westhampton']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving Outlook Farm for Water Supply violations in Westhampton. MassDEP concluded the Order with the Farm, a public water supplier, and its owner Brad Morse concerning the violations, which included


Date: 2/24/11
municipality: ['Ayer', 'Boston']
Text:
  MassDEP executed a Consent Order with an $18,564 Penalty involving Pan Am Railways and the Boston and Maine Corporation for Asbestos violations in Ayer. MassDEP determined improper removal and disposal of asbestos-containing floor tiles by in-house personnel during a November 2008 renovation of an employee break room at the GMX Storage Warehouse in Ayer. Under the terms of the settlement, the companies have agreed to remain in compliance with the Asbestos Regulations in the future, and pay $8,064 of the Penalty. In addition, the companies will complete a Supplemental Environmental Project (SEP) that expends at least an additional $10,500 to provide asbestos training to its employees and area municipal employees, including maintenance staff from the Ayer Public Schools system.


Date: 2/24/11
municipality: ['Halifax']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Daniel MacAuley for Chapter 91 (Waterways) violations in Halifax. MacAuley failed to file a Notice of Intent before altering 'land under water and in the buffer zone' before placing an unpermitted floating dock into Monponsett Pond. Today's Order requires restoration of plantings at the pond edge and payment of the Penalty. Completion of the Chapter 91 permitting process is required prior to reinstalling the dock in 2011.2/23/11


Date: 2/23/11
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $12,500 Penalty involving Dartmouth Power Associates LLC, for Air Quality violations in Dartmouth. In September 2010, the company operated a new combustion turbine and dispatched electricity to the grid for several hours at the request of ISO-New England. This action was taken involving a new turbine, permitted by MassDEP in 2008 that had failed stack tests done several times since installation. These tests had demonstrated that the unit does not meet the emission limits in MassDEP's permit. This is also a violation of federal New Source Performance Standards that require the facility to pass a compliance test prior to operation of the unit.2/22/11


Date: 2/18/11
municipality: ['East Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $1,725 Penalty involving Mueller Corporation for Hazardous Waste Management and Air Quality violations in East Bridgewater. A multi-media inspection by MassDEP revealed that Mueller Corporation was generating more hazardous waste than for which it had registered (which was as a "very small" quantity generator). Observations were also made at the time of inspection of opacity greater than 40 percent from the exhaust stack of its spray booth (number 5). Today's Order ensures compliance with all applicable requirements.


Date: 2/16/11
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with a $20,200 Penalty involving Joan Wanczyk (d/b/a River Drive Excavating) for Wetlands violations in Hadley, specifically to resolve the placement of 3,555 cubic yards of fill in the floodplain of the Connecticut River and cutting of trees in the Riverfront Area to the Connecticut River. The company, River Drive, is a small business and must remove all fill from the floodplain with full verification by 5/31/11. The company has agreed to pay $3,000 of the Penalty with the remaining $17,200 suspended contingent upon River Drive Excavating fully complying with the terms of the Order.


Date: 2/16/11
municipality: ['Lawrence']
Text:
  MassDEP issued a Unilateral Order to National Facility Services, Inc. for Surface Water Discharge, Clean Water and Wetlands Protection Act violations at 60 Island Street in Lawrence. MassDEP issued the cease and desist Order to National Facility Services, Inc. as a result of an investigation that began with a complaint from the Lawrence Police Chief regarding soil and silt-laden snow being pushed with a front-end loader onto the bank and into the Merrimack River. The violation was discovered by the Mayor of Lawrence. The police investigation revealed that National Facility Services, Inc. was contracted by certain commercial entities to remove and dispose of snow and that the contaminated snow was being disposed of on the property and into the river without authorization of the property owner. This action was being done without any permits and in non-compliance with MassDEP's Snow Disposal Guidance. Additional enforcement is anticipated.2/16/11


Date: 2/14/11
municipality: ['Lee']
Text:
  MassDEP entered into a Consent Order with a $13,525 Penalty involving the College Internship Program, Inc., for Asbestos violations in Lee. MassDEP discovered during its investigation of nuisance dust emissions from the renovation of a commercial building on Main Street in Lee found that the College Internship Program, Inc. ("CIP") had removed asbestos-containing building materials from the building's facade without filing an asbestos notification. Further, CIP had not instituted the proper asbestos handling procedures. CIP cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. CIP has agreed to pay a penalty $2,000 of the Penalty, the balance of which will be suspended for one year provided that CIP remains in compliance with the state asbestos regulations. CIP will be implementing procedures to prevent similar violations of the asbestos regulations from recurring in the future.


Date: 2/14/11
municipality: ['Holyoke', 'Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $64,000 Penalty involving William Sweeney (d/b/a Mr. Home) for Hazardous Waste Management, Air Quality and Solid Waste violations in Wilbraham. MassDEP inspected Sweeney's home repair business located in Wilbraham in response to a complaint received by the Wilbraham Police Department regarding the illegal disposal of waste oil at the facility. During the inspection, MassDEP discovered soil staining and buried liquid oil at the facility. Further investigation revealed that employees of the business had transported waste oil to the facility from a job site located in Holyoke without possessing a hazardous waste transporter license. As a result of MassDEP's investigation, Sweeney has now initiated the cleanup of the disposed oil. MassDEP also investigated the Wilbraham Fire Department's complaint responses concerning open burning of building debris and incineration of demolition material in a wood burning stove at the facility. As part of a settlement agreement, Sweeney has agreed to cease transporting waste oil, discontinue open burning and incineration of solid waste in the wood stove. Sweeney will pay $30,000 of the Penalty and MassDEP has agreed to suspend an additional $34,000 provided that Sweeney complies with the terms of today's Order.


Date: 2/14/11
municipality: ['Westfield']
Text:
  MassDEP has entered into a Consent Order with a $750 Penalty involving RPM Wood Finishes Group, Inc. for Hazardous Waste Management, Industrial Wastewater and Air Quality violations in Westfield. MassDEP inspection of RPM's manufacturing facility revealed an uncertified industrial wastewater holding tank, air pollution control violations relating to spray booths and storage of volatile organic compounds, and hazardous waste management housekeeping and labeling violations. RPM, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. RPM has agreed to pay the penalty and correct the violations.2/14/11


Date: 2/14/11
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with $7,845 Penalty involving Empire Recycling, LLC for Solid Waste violations in Billerica. In 2010 MassDEP personnel conducted two inspections of Empire's Billerica recycling facility in response to repeated complaints of odors and improper operating conditions at the facility. The facility accepts source-separated recyclable paper, cardboard, and mixed recyclable containers for recycling. Empire sorts and removes incidental waste from the recyclables and bundles them prior to shipment off-site. During the inspections MassDEP personnel observed recyclable material being tipped and stored outside of the facility in noncompliance with the regulatory criteria for conditionally-exempt recycling operations. Under today's Order, Empire will pay $2,000 of the Penalty with the remaining $5,845 suspended contingent on Empire complying with the requirements for conditionally exempt recycling facilities for two years. In addition, today's Order requires that a qualified third party inspector conduct nine unannounced inspections of the facility over the next year to ensure the facility is in compliance.2/14/11


Date: 2/11/11
municipality: ['Rockland']
Text:
  MassDEP entered into a Consent Order with a $1,040 Penalty involving Airxchange, Inc., for Air Quality and Toxics Use Reduction Act (TURA) violations in Rockland. Airxchange submitted a self-disclosure letter to MassDEP following an internal audit performed at its facility. The letter disclosed that Airxchange operated an air source without first obtaining a plan approval and had not developed a required TURA Plan. In addition to the Penalty (which represents avoided payment) Airxchange must bring the facility back into compliance.


Date: 2/10/11
municipality: ['Millbury']
Text:
  MassDEP entered into a Consent Order with a $12,937.50 Penalty involving Cesyl Mills, Inc. for Air Quality violations in Millbury. In response to multiple odor complaints in the vicinity of the facility, a MassDEP inspection verified the existence of nuisance odors emanating from Cesyl Mills on at least four occasions, and determined that the company was violating its (non-major) Air Quality plan approval. Today's Order requires the company, in addition to the Penalty, must comply with all the terms and conditions of its existing approval. A return to compliance with the plan approval will mitigate smoke and odor from the company.


Date: 2/9/11
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving Ted Ondrick Company, LLC for Wetlands violations at 240 Chicopee Street in Granby. MassDEP found placement of fill in a wetland area at a rock quarry/storage facility located at this property. Staff reviewed an abbreviated notice of resource area delineation that had previously been submitted by Ondrick for expansion of this quarry. Upon review of color orthophoto aerial photos using MassGIS datalayers, staff determined that past construction at the site placed fill within the protected wetlands and resulted in a loss of 900 to 1,000 square feet of bordering vegetated wetlands. Ondrick voluntarily contracted an environmental consulting firm to address the violations and prepared a restoration plan. Today's Order requires full implementation of the restoration plan by 6/15/11. In addition the company will conduct and submit follow-up monitoring of the success of this restoration plan.


Date: 2/9/11
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $5,450 Penalty involving Daniel Jusidman for Wetlands violations in Great Barrington. A general contractor hired by the property manager violated the Act by cutting and clearing 22 trees (2,500 square feet) within the protected Riverfront Area of the Williams River. The Williams River is a designated Cold Water Fisheries Resource. The Riverfront Area extending 200 feet along either side from the Mean Annual Flood Elevation is an area subject to protection under the Act. MassDEP's investigation was the result of a request for assistance from the local conservation commission. The Order requires Jusidman to retain the services of an environmental consultant to prepare and submit a 'restoration plan' to MassDEP for approval. The approved restoration plan will be implemented by 5/1/11 with the requisite follow-up monitoring of the success of that plan also required. MassDEP has agreed to suspend $2,450 of the Penalty contingent upon Jusidman complying with the terms of the Order.2/8/11


Date: 2/7/11
municipality: []
Text:
  MassDEP issued a Unilateral Order to the city of Methuen for Water Pollution Control violations. Under today's Order, the city is required to address illegal wastewater connections to their storm drain system.   The city's investigation work confirmed that there are at least five properties with sewer connections to the drainage system, which is resulting in untreated sewage discharges into the Merrimack River.   Today's Order requires the city to complete its investigation and remove the illegal connections expeditiously.2/7/11


Date: 2/4/11
municipality: ['Marion']
Text:
  MassDEP issued a Unilateral Do-Not-Drink Order to the Marion Water Department. The Marion Water Dept. at 50 Benson Brook Road in Marion was issued today's written order for exceeding the regulatory limit for perchlorate. Today's Order follows a 'verbal' Do-Not-Drink order from 9/17/10.


Date: 2/4/11
municipality: ['Millbury']
Text:
  MassDEP Commissioner Kenneth Kimmell issued a Final Decision in the case involving Ronal J. Henault and Mason Construction Inc. of Millbury. The Decision incorporates a Settlement Agreement resolving the appeal of two Notices of Intent to Assess a Civil Administrative Penalty of $5,000. Under the terms of the Agreement, the two parties will jointly pay a $5,000 civil administrative Penalty in accordance with an established payment plan. An additional $51,937.50 penalty was suspended based upon satisfactory demonstrations of financial hardship conditions by both parties. MassDEP utilized its Small Business Policy in this decision and further required that both parties have no additional violations for one year. All alleged asbestos contamination has been remediated.


Date: 2/4/11
municipality: ['Granville']
Text:
  MassDEP entered into a Consent Order with Granville Cheese Company, Inc. for Water Supply violations in Granville. The company has agreed to address its compliance with the public water system requirements, including operator, metering, cross-connection, emergency planning and water quality monitoring requirements.2/4/11


Date: 2/4/11
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $222,110 Penalty involving Gas Recovery Systems, LLC of Fall River Facility for Air Quality violations in Fall River. GRS was found to be in violation for exceeding emissions of sulfur dioxide (SO2) from the burning of landfill gas at its Fall River facility. In addition to the Penalty, the facility has agreed to submit a comprehensive plan application, increase the frequency of hydrogen sulfide monitoring to insure compliance with SO2 emission limits.


Date: 2/4/11
municipality: []
Text:
  MassDEP executed a Consent Order with a $290 Penalty involving the Braintree Water and Sewer Department for Water Supply compliance violations, specifically the failure to submit copies of its 2008 and 2009 annual Consumer Confidence Reports. The BWSD, located at 90 Pond Street, failed to submit the annual report issued to its water supply customers as required on July 1, 2009 and July 1, 2010 respectively (repeat violation). In addition to the $290 Penalty, there is a stipulated penalty provision for any future violation.


Date: 2/3/11
municipality: ['Hopkinton']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Liberty Mutual Insurance Company for Industrial Wastewater and Hazardous Waste Management violations in Hopkinton. MassDEP determined the company was discharging industrial wastewater to an on-site sanitary septic system without first obtaining a groundwater discharge permit, and accumulated hazardous waste longer than allowed under its registered generator status. In addition, the company failed to comply with other hazardous waste management requirements. The company, which has complied with the hazardous waste requirements and ceased the discharge of industrial wastewater, has agreed to comply with all applicable environmental regulations in the future, and to pay the full Penalty. This action will help ensure that this company and other companies will comply with environmental regulations.


Date: 1/31/11
municipality: ['Florida', 'Shrewsbury']
Text:
  MassDEP executed a Consent Order with a $3,500 Penalty regarding National Tire and Battery facility for Hazardous Waste Management violations on Grafton Street in Shrewsbury. MassDEP inspected this facility in response to a complaint, and reviewed manifests and determined that the company was acting outside of the limits of its registered status as a small quantity generator of waste oil, and that it had also failed to comply with standards including the labeling of waste oil tank/containers, signage and demarcation of waste-accumulation areas. Also, the company, was not maintaining three years of hazardous waste manifests on site, and failed to post its emergency information on site. Today's Order requires the company (which is based in Florida) to comply with all applicable environmental regulations in the future and pay the Penalty.


Date: 1/31/11
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Walter Solek of Southwick for Air Quality and Solid Waste violations of the regulations. The violations were confirmed during an inspection of Solek's property following receipt of a complaint from the Southwick Fire Department. MassDEP found that Solek had disposed, by burning, accumulated pallets and miscellaneous wood waste and solid waste. As part of a settlement agreement, Solek has agreed to remove the material from the property and will not burn solid waste. Solek will pay $500 of the Penalty, while MassDEP has agreed to suspend the remaining $1,500 pending Solek's compliance with the terms of the agreement.1/31/11


Date: 1/28/11
municipality: ['Ayer', 'Waltham']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty regarding New England Hydro-Transmission Electric Company, Inc. for Air Quality violations in Ayer. The New England Hydro-Transmission Electric Company, Inc. (which is based in Waltham) converts Canadian hydro-power and feeds it into the New England power grid at its Sandy Pond high voltage direct current (HVDC) facility. The company self-reported that it had failed to obtain the required Air Quality plan approval for the installation of an emergency diesel engine in 2007. Under the terms of today's Order, the company must submit an Air Quality plan application to MassDEP that includes compliance modeling for this engine, including one-hour NOx (nitrogen oxide) emission standard and a noise-impact analysis. Further, the company must utilize ultra low-sulfur diesel fuel (less than 5 parts per million of sulfur). Additionally, it must install a non-turn back hour meter, pay twice the application fees and install a stack silencer and restrict testing hours to 300 daytime hours per year or less. The electric utility company will pay the full Penalty as well.


Date: 1/27/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving EarthTronics Inc. due to Mercury-Added Lamp Violations. MassDEP entered into consent order with the company, which manufactures mercury-added lamps that are sold in Massachusetts, due to its failure to comply with MassDEP requirements that such companies submit 2002-2007 lamp sales data, annual compliance certifications for 2008 and 2009, or provide for public education about lamp recycling. EarthTronics, which is a Michigan-based company, also failed to respond to a previous MassDEP enforcement notice. Under the settlement, the company agreed to correct its violations, develop a plan for remaining in compliance with Environmental Results Program (ERP) regulations, and pay the full Penalty.1/26/11


Date: 1/26/11
municipality: ['Ayer']
Text:
  MassDEP entered into a Consent Order with $2,800 Penalty regarding Eckel Industries, Inc. for Air Quality and Hazardous Waste Management violations in Ayer. Specifically the company's Rubbair Door Division, of Ayer violated regulations by failing to apply for and receive an approval relative to its air emissions plan. Further, the company failed to provide accurate data on its air reporting form, and it generated hazardous waste in excess of its registered status. Today's Order requires compliance with all applicable regulations, and the payment of the Penalty. This action will help ensure that similar companies comply with environmental regulations.


Date: 1/26/11
municipality: ['Westborough']
Text:
  MassDEP entered into a Consent Order with an $18,000 Penalty involving Westborough Buick-Pontiac-GMC, Inc. for Air Quality and Hazardous Waste Management violations in Westborough. The company failed to obtain an air quality plan approval for its auto body repair operations; it illegally discharged industrial wastewater to an unapproved well and to its on-site sanitary septic system. Further, the company failed to comply with numerous Hazardous Waste Management requirements. The company agreed to correct the violations on the property, and to pay an $18,000 Penalty. This action will help ensure compliance.


Date: 1/26/11
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with a $1,500 Penalty involving Wright Architectural Millwork Corp. for Hazardous Waste Management violations in Northampton. An inspection of the company's manufacturing facility revealed that small amounts of rags saturated with ignitable and toxic paint wastes were disposed of (improperly) in a solid waste dumpster, and a container holding the rags was not kept closed and labeled. As part of a settlement agreement, the company has agreed to correct the violations and pay $750 of the Penalty. MassDEP has agreed to suspend the remaining $750 pending the company's compliance with the terms of the agreement.


Date: 1/25/11
municipality: ['Gloucester']
Text:
  MassDEP executed a Consent Order with Gloucester Transit Mix, Inc., for Waste Site Cleanup violations at 45 Emerson Avenue in Gloucester. Today's Order includes a timeline for submittal of a phase two comprehensive site assessment report, a phase three remedial action plan, a phase four remedy implementation plan and a (final) response action outcome (RAO) statement to return the site to compliance. This site has been in the system since 2007. This enforcement action will lead to the cleanup of hazardous materials released to the environment.1/25/11


Date: 1/21/11
municipality: ['Eastham']
Text:
  MassDEP issued a Unilateral Order to Whispering Pines Condo Association for Water Supply violations at this public water supply in Eastham. The violations occurred at 2221 State Highway in Eastham where the residences are located due to a test showing exceedence of the regulatory limit for perchlorate (a contaminant). Today's Order constitutes a written follow up to an immediate Do Not Drink Order that was issued on 8/31/10.


Date: 1/20/11
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with a $29,050 Penalty involving Wood Trucking Corporation for Wetlands and Solid Waste violations at 27R Farm Avenue in Peabody. The violations occurred on the site of a recycling and composting operation. Wood previously entered into Consent Order with MassDEP in 2005 for solid waste violations. In 2006, Wood was issued a Determination of Need (DON) by MassDEP for operations on the property. In May of 2007 MassDEP investigated the site for wetlands violations after substantial wetland filing was identified using aerial photography as part of MassDEP's Wetland Change Initiative. However, the 2007 inspection and subsequent inspections in 2009 and 2010 confirmed there had been additional alteration (approximately 4,900 square feet of bordering vegetated wetland and 240 linear feet of intermittent stream bank). The 2009-10 inspections also revealed multiple violations of MassDEP's DON including operating methods and requirements that were in place to employ best management practices for stormwater control and for the protection of wetlands that are necessary to prevent nuisance conditions and control seagulls. Today's Order includes provisions for restoration of the 240 linear feet of intermittent stream bank, restoration/creation of 13,000 square feet of BVW, construction of a stormwater collection and pretreatment system, and submittal of an application for a comprehensive new DON. Wood has agreed to pay $7,500 while MassDEP has agreed to suspend $21,550 pending compliance and after five years of monitoring and reporting are submitted.


Date: 1/19/11
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with Sem Charles for Asbestos violations in Springfield. Following a complaint from a tenant, MassDEP conducted an inspection of a rental property located in Springfield. Several bags filled with asbestos insulation and two boiler sections bearing remnant asbestos insulation were found in the basement of the property. During its investigation, MassDEP learned that the owner of the property had retained Charles to replace a boiler at the property. The owner, who cooperated with MassDEP and properly and promptly cleaned up and disposed of the asbestos as well as assisted in locating Charles. After Charles demonstrated a financial inability to pay a Penalty, MassDEP concluded an agreement that requires Charles to attend asbestos awareness training and provides for stipulated penalties should Charles violate the terms of the Order or violate the asbestos regulations within two years.1/19/11


Date: 1/14/11
municipality: ['Wayland']
Text:
  MassDEP executed a Consent Order with $6,696 Penalty involving Conoco Phillips Company for Waste Site Cleanup violations at 134 Boston Post Road in Wayland. ConocoPhillips is a responsible party for a release of gasoline that was discovered at 134 Boston Post Road. ConocoPhillips failed to file modified Immediate Response Action Plans to reflect changes in ongoing response actions and to adequately monitor groundwater for remedial additives. Under today's Order the company will pay $3,000 of the Penalty with an additional $3,696 suspended pending compliance.


Date: 1/14/11
municipality: []
Text:
  MassDEP entered into a Consent Order with Salvador Matta for Hazardous Waste and Solid Waste Management violations in Southbridge. MassDEP determined the violations by Matta (d/b/a Chico's Used Auto Parts) who has now agreed to an established enforcement schedule under which the facility will come into compliance with Hazardous Waste and Solid Waste Management regulations. Matta currently has a lease, with an option to purchase, the property from the estate of the previous owner who had accumulated a substantial amount of tires and other debris at the site. Today's Order also contains stipulated penalty provisions should Matta fail to complete the required clean up within the established timeframes.


Date: 1/14/11
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $4,350 Penalty involving Jerry Santos for Asbestos violations in New Bedford. Santos has agreed to provide copies of all asbestos containing waste receipt within 30 days in regards to clean up activities at 147 Hathaway Street in New Bedford. Santos created a condition of air pollution in violation by power-washing a residence at 147 Hathaway Street. MassDEP has agreed to fully suspend the Penalty under application of the homeowner policy.1/11/11


Date: 1/10/11
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with an $8,470 Penalty involving J.S.B. Industries Inc. for Air Quality violations in Chelsea. MassDEP inspected J.S.B. Industries facility in Chelsea, a commercial baking location, in July, 2010. During that inspection, it was determined that the baking operations were a source of volatile organic compounds (VOCs) which require prior written plan approval from MassDEP. Additional violations observed during the inspection included


Date: 1/7/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,200 Penalty involving Russell Orcutt (d/b/a Top Notch Abatement) for Asbestos violations in Southbridge. MassDEP inspected sites where a licensed asbestos contractor Russell Orcutt (Top Notch Abatement) was working in 2009. Under the terms of the settlement, Orcutt is now required to remain in compliance with the Asbestos in the future, and pay a $4,200 Penalty. Orcutt must also pay an additional $600 Penalty that had been suspended under a previous Consent Order from 2008. That suspended Penalty is now due because the company failed to meet its agreement to have no further violations for one year.


Date: 1/7/11
municipality: []
Text:
  MassDEP executed an Amended Consent Order with the City of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. The city is the owner of the property and MassDEP has agreed to extend the timelines for submittal of a tier two extension permit by the city for the cleanup of this site. In addition, the city is required to submit a (final) response action outcome. This site has been in the system since 1991. This enforcement action will lead to the cleanup of gasoline and fuel oil-contaminated groundwater and soil emanating from the removal of an underground storage tank and an above ground storage tank.


Date: 1/7/11
municipality: []
Text:
  MassDEP entered into an Amended Consent Order with a $1,500 Penalty involving the city of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. As owner of the property, the city was unable to meet deadlines for cleanup of the property specifically failure to file a tier two extension and a (final) response action outcome (RAO). By 1/15/11, the city will submit to MassDEP a tier two extension which meets the requirements; and, by 4/7/11 the city will submit an RAO. This site has been in the system since 1991. This enforcement action will lead to the cleanup of gasoline and fuel oil-contaminated groundwater and soil emanating from the removal of an underground storage tank and an above ground storage tank.


Date: 1/7/11
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Mayo Group Development, LLC, for failure to meet Waste Site Cleanup deadlines at 76-80 Kemble Street in Roxbury. Mayo Group Development, LLC owns the property where it failed to meet deadlines set out in a Notice of Noncompliance dated 2/22/08. There is a stipulated penalty provision for any further missed deadlines.1/4/11


Date: 1/3/11
municipality: []
Text:
  MassDEP entered into a Consent Order with James Ayotte (d/b/a Country Cottage Repair) for Asbestos violations in West Springfield. During an inspection of a vacant residential property in West Springfield, MassDEP discovered that Ayotte had been removing and disposing of transite siding, in non-compliance with the MassDEP's asbestos regulations. Ayotte has cooperated with MassDEP and arranged to have the property properly cleaned up. Following MassDEP's determination that Ayotte had an inability to pay a Penalty, MassDEP executed a Consent Order with Ayotte that required him to develop a Standard Operating Procedure for any home improvement work he may conduct in the future that may involve encountering asbestos-containing materials. In addition, today's Order also provides for stipulated penalties for a one year period for any future noncompliance with the asbestos regulations.1/3/11


Date: 12/28/12
municipality: ['Holland']
Text:
  MassDEP entered into a Consent Order with Dentamaro, Inc., for Water Supply violations in Holland. Dentamaro is the operator of Diane's Villa Nova, a restaurant and public water system.  This pre-existing but unregistered public water system was registered by MassDEP and today's Consent Order establishes a schedule for actions necessary to bring the system into compliance.12/27/12


Date: 12/27/12
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with Granby Housing Authority for Water Supply violations in Granby.  MassDEP entered into an Administrative Consent Agreement for this Senior Housing Complex to establish a schedule for upgrades to the facilities public water system.  Today's Order also establishes a schedule to address deficiencies identified in a 2012 Sanitary Survey, specifically construction of a new water works building that will house new water storage tank, and other equipment  including an emergency generator.12/27/12


Date: 12/21/12
municipality: ['Lawrence']
Text:
  MassDEP was notified of a Judgment on Motion to Dismiss by Justice Timothy Feeley, allowing MassDEP's/AG's motion to dismiss for lack of subject matter jurisdiction in the matter of Wood Mill LLC/MassInnovation LLC ("WM/MI"). WM/MI appealed an Administrative agency decision in Essex County Superior Court regarding Penalty Assessment Notices issued by MassDEP for Asbestos violations observed at a site in Lawrence.  According to the final Administrative Decision, WM/MI would need to pay penalties totaling $92,575. WM/MI failed to create the jurisdictionally mandatory escrow account with the court, or obtain a waiver thereof from the court within twenty days of filing the complaint which resulted in the dismissal.12/20/12


Date: 12/20/12
municipality: ['Lynn', 'Peabody']
Text:
  MassDEP entered into a Consent Order with a $27,350 Penalty involving Unlimited Removal and Demolition, Inc. for Asbestos and Hazardous Waste Management violations at John E. Burke School at 17 Birch Street in Peabody.  MassDEP responded to a complaint of improper asbestos removal and demolition. MassDEP observed during an inspection of the respondents work area at the site that the respondent had failed to properly remove asbestos-containing materials prior to demolition activity which impacted said materials. In addition, the respondent failed to properly notify MassDEP prior to the demolition. MassDEP inspected the respondent's facility at Fayette St in Lynn. During the inspection and investigation, MassDEP observed multiple Hazardous Waste violations.   As a result of the violations observed by MassDEP, the respondents will pay $9,000 with the remaining $18,500 suspended for a period of two years.  The small business policy was utilized in reaching this agreement.12/20/12


Date: 12/20/12
municipality: ['Wales']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Wales Brookside Village for Water Pollution Control violations in Wales.  The Amendment is to a 2009 Consent Order which required this manufactured home community to upgrade its septic system.  The Amendment establishes a new schedule for completion of upgrades for the remaining septic systems at the community; including a firm date for plan designs of 1/31/13 and the completion of construction by 9/30/13.  


Date: 12/20/12
municipality: ['Wales']
Text:
  MassDEP entered into a Consent Order with a $4,500 Penalty involving Wales Brookside Village for Water Supply violations in Wales. This manufactured home community failed to notify MassDEP following the loss of water service and failure to take other actions relative to this water supply emergency.  In addition to paying the full Penalty, Wales Brookside Village is required to update its emergency response plan, as well as train its staff on proper emergency response.  


Date: 12/18/12
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with J. P. R. Realty Inc. for Waste Site Cleanup violations at 3 Plank Street in Billerica.  J. P. R. Realty Inc. is the owner of the property where specific violations included, the failure to meet deadlines set out in earlier Consent Order executed on 4/20/06. The cleanup work was started, but could not be completed due to finances at the time.  Today's Order now requires a tier one permit extension to be submitted to MassDEP for the ongoing cleanup at the site by 12/30/12 and then a final response action outcome statement by 9/30/14/.  There is also a stipulated penalty provision for any missed deadlines.12/18/12


Date: 12/17/12
municipality: ['Holyoke']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving United Innovations, Inc., d/b/a Specialty Looseleaf, of Holyoke for Hazardous Waste Management violations.  In addition to exceeding the waste-oil generation quantity for its claimed status of 'very-small quantity generator', the company was cited for twelve other hazardous waste management violations at its facility.  Since being notified of the violations, the company has taken steps to address these noncompliance issues.  Today's Order requires the company to correct the violations and pay a $5,000 Penalty, of which $2,000 of which will be suspended for one year, provided that the company complies with all terms of the Order and does not repeat the cited violations.12/17/12


Date: 12/17/12
municipality: ['Huntington']
Text:
  MassDEP entered into a Consent Order with Huntington Water Department, for Water Supply violations in Huntington. Huntington Water Department, a public water system, will address deficiencies identified in a sanitary survey which had not been addressed in accordance with the corrective action requirements included within the original inspection report.  Today's Order sets a schedule to address the deficiencies, including, updating the system's master plan, update the maintenance plan, installing continuous chemical analyzer, or, alternately, obtaining a waiver and appointing a new cross-connection control coordinator.12/17/12


Date: 12/14/12
municipality: []
Text:
  MassDEP, through the Mass. Atty. General's Office, reached a Settlement Agreement with EP Energy, Cover Technologies Inc., ConEd Development and Woodard & Curran Inc. regarding the overfill of landfill closure in West Springfield and Agawam.  The settlement requires the payment of $2.68 million in civil penalties to the Commonwealth and payment of back taxes totaling approximately $570,000 to Agawam and West Springfield.  The settlement also requires the repair of the landfill closure to occur over the 2013 and 2014 construction seasons.12/14/12


