# MADEP_enforcement

Date: 12/19/06
municipality: []
Text:
  MassDEP executed an Amended Consent Order with Penalties for Waste Site Cleanup violations involving Manuele Scata d/b/a &quot;Auto Doctor&quot; at 1181 Bennington Street in East Boston. A longstanding issue of &quot;gasoline&quot; in groundwater is associated with the &quot;Auto Doctor&quot; property, which is immediately adjacent to the Belle Isle Marsh, an area that has been designated as of Critical Environmental Concern. Underground Storage Tanks, or USTs, were previously removed from Scata's property, and soil contamination was identified. Under today's Order, Scata has agreed to address any conditions that require Immediate Response Actions, and to submit a final (or Response Action Outcome) statement no later than 12/20/09. In addition to the paying $4633.71 for costs incurred by MassDEP in relation to this site, Scata will pay $4,000 in outstanding annual compliance assurance fees. Today's amended Order also requires Scata to pay a $15,000 Civil Administrative Penalty. MassDEP has agreed to suspend, $10,000 of the Civil Administrative Penalty provided all terms of today's Order are met.


Date: 12/19/06
municipality: ['Mendon']
Text:
  MassDEP entered into a Consent Order with a Mendon Cape Road LLC owners of the building being leased by the Just-A-Wee Day Care Center in Mendon for Water Supply violations. The LLC is a Public Water System for the facility, which is currently licensed to serve a capacity of 73 children plus staff. Today's Order ensures that the water supplied to the children and staff is properly monitored as required by the Clean Water Act.12/18/06


Date: 12/18/06
municipality: ['Adams']
Text:
  MassDEP entered into a Consent Order with a $24,135 Penalty involving Asbestos violations at the Topia Inn in Adams. Jean Godbout conducted the illegal asbestos removal at 10 Pleasant Street. MassDEP received a complaint in February of 2005 alleging illegal removal and disposal, and an investigation confirmed that asbestos siding had been improperly handled. Transite had been stripped from the three-story building and dropped to the ground causing broken pieces to be scattered on the sidewalk and the street. MassDEP has agreed to suspend $16,135 of the Penalty pending compliance over a two-year period.


Date: 12/15/06
municipality: ['Eastham', 'Nantucket']
Text:
  MassDEP entered into Consent Order(s) regarding Water Supply violations at two Hostelling International, USA, locations in Eastham and Nantucket. Hostelling International operates these two youth hostels at which unapproved public water supplies were being utilized. Today's Order requires that each location take the appropriate steps to bring the facilities into compliance with Water Supply regulations.12/15/06


Date: 12/15/06
municipality: ['Ware']
Text:
  MassDEP executed a Consent Order with Mascoma Land Company (Ken and Denise Pincince) of Ware for Water Supply violations. The company operates a day-care center that in that capacity operates as a public water system serving a day care and a residence. Water Quality results indicated that the copper Action Level was exceeded. Today's Order requires the installation and operation of corrosion control to ensure a safe drinking water supply for any consumer at the facility.


Date: 12/14/06
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $16,000 Penalty involving Connecticut Valley Sanitary Waste Disposal, Incorporated for Solid Waste violations at the Chicopee landfill. Specifically, today's Order addresses continued intermittent odors emanating from the Chicopee Landfill. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance with the terms of the Order.


Date: 12/14/06
municipality: []
Text:
  MassDEP issued a demand for a $1,000 previously suspended Penalty involving Gary Suffriti, Agawam (WERO)


Date: 12/14/06
municipality: ['East Longmeadow']
Text:
  MassDEP issued a $2,000 demand for a previously suspended Penalty involving Michael Goldberg who is an independent developer and resides in East Longmeadow. Goldberg had agreed to implement an Environmental Management System (EMS) as part of his obligation under a Consent Order executed on 3/7/05. Goldberg has failed to demonstrate that the EMS has been implemented.


Date: 12/14/06
municipality: ['Salisbury']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving Wetlands violations on Salisbury Beach Island, Salisbury. Arlene M. Leakeas, the trustee, was cited for violations at a residential property. The site is located on a barrier beach with a coastal dune and is subject to an order of conditions. The order allows for the construction of a single-family house and elevated boardwalk over the dune. MassDEP, however, found that the work was in non-compliance with the order and/or after expiration of the order was performed including extension of the permitted boardwalk, a poured concrete walkway, a fence, and a stone dust parking area. In addition to the Penalty, the Trust is required to restore approximately 1,500 square feet of coastal dune and/or barrier beach. MassDEP has agreed to suspend $27,000 of the Penalty provided the terms of the Order are met in one year.


Date: 12/14/06
municipality: ['Quincy']
Text:
  MassDEP executed a Consent Order with Boulevard Realty Associates, LLC for Waste Site Cleanup violations at 381 Quincy Avenue, Quincy. The Trust, which owns the property failed to meet the required cleanup deadline, including a direct Notice of Noncompliance issued by MassDEP on 9/11/06. Today's Order establishes new deadlines including


Date: 12/13/06
municipality: ['Boston', 'Malden']
Text:
  MassDEP entered into an Amended Consent Order with a $6,000 Penalty regarding the Malden Water Division. The City of Malden agreed to pay $6,000 in suspended penalties for not meeting timelines established in a previous Consent Order with MassDEP. The City had not submitted information in some instances, and had submitted inadequate information in others, related to its Lead Service Line Replacement program. Boston and Regional Drinking Water Program staff met with the City to make sure the City understood what is required of it under this program. MassDEP has also prepared customized templates for the city to use in preparation of required documentation.12/12/06


Date: 12/12/06
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Greenfield for Waste Site Cleanup violations. Greenfield, owns and operates the property at 412 Main Street (Greenfield Fire Department). At this location, Greenfield failed to submit the cleanup reports by the deadline established in a previously-issued Notice of Noncompliance issued on 3/21/06. New deadlines have now been established including the submittal of the Phase II Report by 5/14/07, and submittal of the Phase III Plan by 6/11/07. Today's Order also contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.12/12/06


Date: 12/12/06
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving I & C Corporation for Waste Site Cleanup violations at 201-203 Elm Street in Somerville. The corporation owns the property where a Dominos's Pizza shop is currently located. The corporation failed to submit cleanup reports within the required timelines. Today's Order includes new deadlines for submitting cleanup reports including a final (Response Action Outcome) statement. MassDEP agreed to suspend $15,000 of the Penalty pending one year of compliance.


Date: 12/12/06
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $39,000 Penalty involving M.K. Realty Trust for Water Pollution Control violations in Tewksbury.Robert Scarano, President of M.K. Realty Trust, failed to obtain a sewer extension permit before building eight residential townhouse condominiums (16 condos), a twelve-room bed and breakfast, new road (Preservation Lane) and temporary sewage pump station. The pump station will be in use until such time as the town's expanding sewer system can receive flows by gravity. The new road had already been constructed and most of the condos sold and occupied. Once the Respondent obtains Massachusetts Historical Commission approval for the project and site, the sewer permitting process will resume. MassDEP has agreed to suspend $28,000 of the Penalty provided all terms of the Order are met.


Date: 12/12/06
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $7,310 Penalty regarding Holly Street Enterprises, Inc. for Air Quality violations at its facility in Gloucester. MassDEP personnel conducted the site inspection of the property on 9/6/06 and determined that the facility was not properly managing the operation of its gasoline dispensers. Holly Street had failed to comply with the applicable Stage II (vapor recovery of fuel emissions) regulations. Since this property recently changed ownership, MassDEP agreed that a $500 Penalty (comprising the inequity of economic benefit enjoyed by the facility for failing to have the system tested) would be sufficient. MassDEP has also agreed to suspend the remainder ($6,810) of the Penalty pending one year of compliance with all regulations and terms of the Order.


Date: 12/11/06
municipality: ['New Marlborough']
Text:
  MassDEP entered into a Consent Order with a $10,060 Penalty involving New Marlborough Fire Company for Air Quality (demolition) violations. New Marlborough. MassDEP received several complaints on 3/9/06 about the demolition of a building by the New Marlborough Township Volunteer Fire Company. An inspection by MassDEP determined that excess dust was being generated, and, (while conditional approval had been given) the company failed to follow terms of the approval including


Date: 12/11/06
municipality: ['Mansfield', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty regarding Air Quality (Asbestos) violations at 409 Wilbraham Road in Springfield by Brian Baker of 150 Rumford Avenue in Mansfield. MassDEP found that Baker (of Mansfield) had improperly handled asbestos containing insulation material. The City of Springfield Plumbing Inspector originally alleged an old boiler had been removed from the basement of Wilbraham Road and that asbestos material littered the floor of the basement. MassDEP confirmed the illegal handling of asbestos material by Baker and required him to retain the services of a licensed asbestos contractor to clean up the basement. MassDEP has agreed to suspend $14,000 of the Penalty pending a one-year compliance period.


Date: 12/11/06
municipality: ['Adams', 'Becket']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty Topia Arts, LLC, of Becket for Air Quality (Asbestos) violations at 10 Pleasant Street in Adams. MassDEP received a complaint in February of 2005 alleging illegal removal and disposal of asbestos by Topia's contractors (see separate action on 12/18/06) working at the future home of the Topia Inn. An investigation by a MassDEP confirmed that asbestos siding had been improperly handled. The asbestos-cement shingles, known as &quot;transite&quot;, had been stripped from the three-story building and dropped to the ground causing broken pieces to be scattered on the sidewalk and the street. Topia Arts quickly responded and cooperated regarding the violations; MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.


Date: 12/11/06
municipality: ['Lowell', 'Warwick']
Text:
  MassDEP entered into a Consent Order with $22,400 Penalty regarding S&R Corporation for Air Quality (Asbestos) violation in Warwick. S&R, which is based in Lowell, was found to be mishandling asbestos-contaminated construction debris in August of 2005, during the demolition of the former Massachusetts Correctional Institution. Previously, in July of 2005, the facility owner, the state's Division of Capital Asset Management (DCAM) was ordered by the State Building Inspector to demolish all of the buildings at the facility because of fire and safety concerns. At DCAM's request, MassDEP issued an emergency approval with specific requirements for the demolition work. During a site inspection, MassDEP personnel found that S&R had not fully complied with the terms of the approval. S&R Corporation will pay a penalty of $8,700, while the remaining $13,700 will be suspended during a one-year probationary period.


Date: 12/11/06
municipality: []
Text:
  MassDEP issued a Demand for $5,000 in Stipulated Penalties to the Department of Conservation and Recreation - Mount Greylock State Reservation in Lanesboro. MassDEP issued the Demand due to violations of an existing Consent Order, which took effect on 6/30/00. The Order required that the complete remediation of the Mt. Greylock State Reservation no later than 12/31/04. By request, the DEP granted an 18-month extension of deadlines on 3/7/03, agreeing to extend the deadline to complete remediation until 6/30/06. The Order calls for penalties to the Commonwealth for failure to comply with the terms of the Order. To date, the cleanup that is required to bring this facility into compliance has not been complete, specifically, DCR has not complied with the requirement to sample private residential wells within 500 feet of the gasoline release.12/11/06


Date: 12/8/06
municipality: ['Boston']
Text:
  MassDEP executed an Amendment to an existing Consent Order with Todesca Equipment Company, Inc. for Waste Site Cleanup violations at its 19-25 Lanesville Terrace property in Roslindale (Boston). Today's Amendment requires a $2,000 Penalty (which is in addition to the original amount of $6,000) and establishes a new deadline for returning the site to compliance, specifically requiring the submittal of a Phase I Report and a Tier Classification submittal by 5/1/07. All other terms of the original Order are still in effect including the payment of $1,000 stipulated penalty in the event of non-compliance.


Date: 12/8/06
municipality: ['Worcester']
Text:
  MassDEP executed an Amendment to an existing Consent Order regarding Waste Site Cleanup violations at 294 Belmont Street (Hi-Lo Gas Station) in Worcester. Richard Cravedi, signatory to the Order, has agreed to new deadlines for completion of response actions for the gasoline contamination at this location. Previously, Cravedi had submitted a Remedy Operation Status (ROS) in compliance with the agreed upon deadlines. However, new conditions at the site - including the presence of additional product - have compelled Cravedi to terminate the ROS, necessitating an amendment with new deadlines.


Date: 12/8/06
municipality: ['Ashby']
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty involving Peterborough Oil Company for Waste Site Cleanup violations at its Mr. Mike's gasoline station and convenience store in Ashby. A release of gasoline to the groundwater contaminated eight private drinking water wells in the vicinity of the station with MTBE. Bottled water or treatment systems were provide to residences with affected wells. In February 2002, Peterborough filed a Remedy Operation Status Submittal, asserting that no substantial hazard existed, based on the use of treatment systems as a prevention measure. MassDEP conducted an audit of the site in November 2004, and discovered that Tertiary-Butyl Alcohol (TBA) had also been detected in four private wells for a period of two years prior to the audit. The treatment systems were not filtering the TBA out of the tap water. Although a drinking water standard was not established at the time, the company did not take any action to modify their treatment systems, nor did it conduct a quantitative substantial hazard evaluation to determine the risk posed to residents by the TBA. MassDEP has agreed to suspend $1,100.00 to be suspended if it continues to comply with cleanup requirements for the next two years.


Date: 12/8/06
municipality: ['Hubbardston']
Text:
  MassDEP executed a Consent Order with a $9,600 Penalty involving Peterborough Oil Company, Inc. for Waste Site Cleanup violations at Mr. Mike's gasoline station and convenience store in Hubbardston. A release of gasoline to the groundwater contaminated the drinking water well serving the Mr. Mike's gasoline station and convenience store. The company did not immediately notify MassDEP of the contamination in the well, and inaccurately identified the drinking water well as a private well in its submittals to MassDEP. Because the well is used for service of coffee in the convenience store, it is considered a public water supply well and therefore a Tier I Permit was required. After the violations, the company then completed the required cleanup and submitted a final outcome statement.


Date: 12/8/06
municipality: ['Hubbardston']
Text:
  MassDEP entered into a Consent Order with a $38,000 Penalty involving Water Supply violations at Mr. Mike's gasoline station and mini-market on Main Street in Hubbardston. The site is listed as contaminated due to petroleum release, but was also operating as an unapproved Public Water Supply. C.H. Partners I Limited Partnership, Peterborough Oil immediately began using bottled water. The company has also agreed to operate the existing well in accordance with the requirements for a Public Water supply while a new compliant well is developed. Additional property has been purchased to site a new well with a compliant (protective) Zone I. A permit has been submitted, and is under review. Today's Order will ensure the water quality being served to the public at this location meets the appropriate standards.


Date: 12/8/06
municipality: ['Stow']
Text:
  MassDEP CERO entered into a Consent Order with a $2,585 Penalty regarding the Assabet Water Company in Stow for Water Supply violations. The water company failed to begin construction of the treatment facility as approved in 2004, which would have prevented a water shortage situation that occurred in the spring of 2005. The company has agreed to construct a filtration plant for a groundwater source determined to be influenced by surface water, to construct additional storage to address pressure and water quantity issues, and to address other deficiencies noted during a sanitary survey inspection. Environmental benefits of this action include providing a filtered water source to assure the quality of drinking water served to 190 homes and a golf course clubhouse.


Date: 12/7/06
municipality: ['Holden']
Text:
  MassDEP issued a Unilateral Order to ECC Corporation for Hazardous Waste violations in Holden. MassDEP's Compliance/Enforcement Section and Emergency Response, as well as EPA's Emergency Response Group and the local Fire Department inspected the building to determine if wastes presented an imminent threat to human health and the environment. The Company was found to have stored large quantities of Printed Circuit Board manufacturing waste for over a year after ceasing operations. Today's Order gives the company a short window of time to properly dispose of the waste and decontaminate storage areas.


Date: 12/6/06
municipality: []
Text:
  MassDEP issued eight (8) Notices of Noncompliance to Public Water Systems for Lead and Copper Monitoring and Reporting failures


Date: 12/4/06
municipality: ['Cambridge']
Text:
  MassDEP executed a Consent Order with a $25,000 Penalty involving A&E Service Station for Waste Site Cleanup violations at 199 Concord Avenue, in Cambridge. Joseph Basile, the president of the company that is the current operator of the site, which site in a residential area of Cambridge. Specifically, the violations were for failure to submit progress reports on the cleanup according to the deadlines established. Today's Order includes new deadlines for submitting progress reports including a final outcome. MassDEP has agreed to suspend $25,000 of the Penalty pending compliance with the terms of the Order.


Date: 12/4/06
municipality: ['Merrimac']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Merrimac for Wastewater Management violations. In May 2005, the Town failed to notify MassDEP when high flows to their wastewater treatment plant, caused by rain, and overwhelmed their influent gravity sewer line, which flowed into an abutting wetland. The Town must start a residential program to inspect and remove sump pumps in order to eliminate excessive inflow into the sewer system. The Town must also repair sewer manholes to remove Infiltration/Inflow and conduct extensive sewer line replacement in the Lake Attitash section in order to remove excessive infiltration into the system by May of 2008.12/1/06


Date: 12/1/06
municipality: ['Millbury']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty regarding Cesyl Mills for Air Quality and Hazardous Waste violations in Millbury. The Company was found to be violating opacity regulations and failed to comply with hazardous waste management requirements such as proper labeling of waste drums and proper signage in and delineation of its hazardous waste accumulation area. In addition to the penalty, the company will comply with applicable regulations and apply for an Air Quality plan approval


Date: 11/30/06
municipality: ['Lexington']
Text:
  MassDEP issued a Unilateral Administrative Order to the Town of Lexington for Wetlands violations. An inspection by MassDEP as a result of a citizen complaint found that the town was mowing approximately an acre of bordering vegetated wetland at the Dunback Meadow Conservation Area near Allen Street. The activity has historically been conducted for management purposes to a varying extent each year in August. The mowing in August of 2006, however, was found to have impacted a larger area than in previous years and the activity was being performed without any formal management plan or written authorization. Today's Order requires the Town to cease and desist any mowing within wetlands jurisdiction on the site until such time as a filing is made and a final written authorization is received.11/29/06


Date: 11/28/06
municipality: ['Middleborough']
Text:
  MassDEP issued a $21,400 Penalty Assessment Notice to Eaton Mechanical, Inc. for Air Quality (asbestos) violations at 67 Pearl Street in Middleborough. The company failed to submit written notification regarding the removal of asbestos from the basement of a three family apartment building and for violating several asbestos work practices during the removal and dismantling of a boiler and associated pipe wrapped with asbestos insulation. The work practice violations included


Date: 11/27/06
municipality: ['Rockport']
Text:
  MassDEP executed a Consent Order with a $35,000 Penalty involving the Estate of Charles Balestraci for Waste Site Cleanup violations. Specifically, the Estate is the current owner of 6 Jewett Street in Rockport where a failure to submit a Phase IV Report and an RAO (final outcome) within the established deadlines. Today's Order includes a deadline for submitting a Tier II Extension, an IRA Plan, a Phase IV Report and an RAO for the site. MassDEP has agreed to suspend $30,000 of the Penalty pending compliance.


Date: 11/27/06
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty involving Getty Realty Corporation for Waste Site Cleanup violations at 701 Cochituate Road in Framingham. Specifically, the violations were for late submittals of Phase III and Phase IV Reports; and for failure to achieve a Response Action Outcome (RAO) or submit a Tier Classification within timelines specified in the MCP. MassDEP has agreed to suspend $12,500 of the Penalty pending compliance.


Date: 11/24/06
municipality: ['Acton', 'Norwood']
Text:
  MassDEP entered into a Consent Order with a $6,581.50 Penalty involving Air Safe Inc., for Air Quality (Asbestos) violations in Acton. The company, which is based in Norwood, failed to properly seal the work area and use appropriate air filtration during asbestos abatement work at the Quail Ridge Country Club in Acton. The Company was required to make repairs before continuing the project, including securing the work area so as emissions to the ambient air would not occur. MassDEP agreed to suspend $2,581.50 of the Penalty provided there are no further asbestos violations for one year.


Date: 11/22/06
municipality: ['Rutland']
Text:
  MassDEP issued a Unilateral Order to Blair Enterprises Corp. for Wetlands violations at Bear Hill Estates subdivision in Rutland. Specifically, the company was cited for erosion and sedimentation in the resource area and ordered to immediately stabilize the site and hire an erosion control specialist. Additional enforcement action is still pending.


Date: 11/22/06
municipality: ['Dracut']
Text:
  MassDEP Commissioner issued a Final Decision incorporating a Settlement Agreement that involves LR5-A (a limited partnership) and MR5-A (limited liability corporation) for Wetlands violations off Broadway Road in Dracut. This resolves an appeal taken when MassDEP issued a Unilateral Administrative Order when the violations were first uncovered. Today's agreement includes restoration of approximately 25,000 square feet of bordering vegetated wetlands including two vernal pools that were altered by the previous owner of a site located off Broadway Road in Dracut. The site is being developed as an 18-hole golf course and 187 single-family homes (Meadow Creek). The previous owner had been subject to a Consent Order relative to violations that resulted from sediment discharges, failed erosion controls, a failed stormwater control system and, infrastructure construction failures. This agreement with the new owners also includes correction of all project failures, future adherence to all permit requirements, and, long term monitoring requirements.


Date: 11/22/06
municipality: ['Rutland']
Text:
  MassDEP issued a Unilateral Order to Blair Enterprises for Wetlands violations in Rutland. Specifically, the company was cited for erosion control violations at the Bear Hills Development in Rutland. The order requires the company to cease and desist work and requires them to take immediate steps to avoid further violations. The company will be required to hire an erosion control specialist and develop a comprehensive plan for controlling erosion on the site.11/22/06


Date: 11/22/06
municipality: ['Lenox', 'Stockbridge']
Text:
  MassDEP entered into a Consent Order with Kripalu Center in Stockbridge for Water Supply violations. The Center, which functions as a Public Water System, agreed to address changes at the facility that affect the delineation of the current Zone I of the well. Under today's Order those changes will result in construction of an alternate groundwater source or a secure connection to the Lenox municipal water system.11/22/06


Date: 11/20/06
municipality: ['Truro']
Text:
  MassDEP issued a Unilateral Order and $31,720 Penalty Assessment Notice to Arthur Joseph Excavation for Waste Site Cleanup violations at 82 South Pamet Road in Truro. Arthur Joseph Excavation uses the property as a storage facility for heavy machinery. An inspection by MassDEP in April 2004 revealed evidence of an oil release to the soil. At that time, the company was issued a Notice of Responsibility and instructed to hire a licensed environmental professional in order to initiate response (cleanup) actions at the site. Arthur Joseph Excavation has failed to conduct any response actions. In October 2005, MassDEP issued a notice of noncompliance (NON) for failure to conduct response actions in a timely manner; the company has since that time failed to respond prompting today's Order and Penalty.


Date: 11/20/06
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving James M. & Christine Hurley of Brimfield for Wetlands violations. Specifically, the Hurleys were cited for site preparation work for the construction of an access drive and single-family house that constituted a violation of the Massachusetts Wetlands Protection Act. MassDEP agreed to suspend $3,750 contingent upon removal or replacement of the existing culvert with another culvert that meets current stream-crossing standards. MassDEP's action supports the local commission's Cease and Desist Order by establishing clear deadlines under which the restoration must be accomplished.11/20/06


Date: 11/15/06
municipality: ['Stow']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to Robert D. Quirk for Wetlands violations in Stow. Based on inspection of the project involving a roadway found impacts to Wetlands resource areas including


Date: 11/14/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Pondside Gas and Car Care Center, Inc., for a pattern of Air Quality - Stage II (vapor recovery) violations at its Boston location. In addition, Hazardous Waste Management violations were found when MassDEP personnel conducted a site inspection of the property on 4/27/06. The facility was not properly managing the operation of its gasoline dispensers and was mismanaging waste oil containers. The Penalty amount was agreed to in light of the company's bankruptcy, but all regulatory violations will be corrected.


Date: 11/13/06
municipality: ['Framingham']
Text:
  MassDEP executed a Consent Order with Wayside Youth & Family Support Network, Inc. for Waste Site Cleanup violations at Lockland Avenue in Framingham. The company owns the property where the violations involved failure to submit cleanup reports within the deadlines established in a Notice of Noncompliance issued by MassDEP on 5/26/06. New deadlines have now been set to return the site to compliance with the submittal of Phase II and III Reports by 7/2/07, a Phase IV Remedy Implementation Plan by 7/2/08 and a Response Action Outcome by 7/2/09. In addition, stipulated penalties of $1,000 per day for violations of the Order.


Date: 11/13/06
municipality: ['Shirley']
Text:
  MassDEP has issued a Unilateral Order to GFI Shirley, LLC for wetlands violations involving erosion and sedimentation at the Apple Orchard Estates construction site in Shirley. The Order requires GFI Shirley, LLC to take immediate steps to stabilize the site and to immediately stabilize the site and to hire an erosion control specialist. Further enforcement action is still pending.


Date: 11/13/06
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with Romano Realty for Waste Site Cleanup violations in Chicopee. As owner of the property located at 955-957 Chicopee Street, Romano has now agreed to expedite the pace of remedial (cleanup) actions at the site. Initially, while performing response actions for a previous solvent release, Romano encountered petroleum hydrocarbons in soil during the removal of a #2 fuel oil tank. A new - and separate - Release Tracking Number was assigned to that release, and it was subsequently discovered by MassDEP that Romano had removed oil-contaminated soil from the site, and that paperwork documenting the soil removal and additional assessment was never submitted. On June 28, 2005, a Notice of Noncompliance (NON) was issued to Romano Realty for failure to submit a Phase II Report, a Phase III Remedial Action Plan, and a Phase IV Remedy Implementation Plan, or if appropriate, a Response Action Outcome Statement. Today's Order memorializes deadlines to complete response actions and contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.11/13/06


Date: 11/10/06
municipality: ['Freetown']
Text:
  MassDEP entered into a Consent Order with a $1,860 Penalty regarding the Thomas Chew Memorial Boys and Girls Club for Water Supply violations in Freetown. As a Public Water System (PWS), the Club failed to meet certain requirements listed in the Massachusetts cross connection control (backflow prevention) regulations, and failed to adequately respond to previously-issued Notice of Noncompliance. MassDEP has agreed to suspend the entire Penalty provided the Club develops a management plan to insure future compliance, along with other corrective actions and water system improvements.


Date: 11/9/06
municipality: ['Granby']
Text:
  MassDEP executed a Consent Order with Crescent Valley Condominiums for Water Supply violations in Granby. As a community public water system, the condominium association failed to address repeated total coliform bacteria detections in its drinking water. Today's Order includes a requirement that any actions to repair the system be reported to MassDEP and any instructions that are provided to unit owners on maintenance of point-of-use filtration systems shall also be submitted to MassDEP.


Date: 11/8/06
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with an $11,400 Penalty regarding the Don Adams Oil Company for Waste Site Cleanup violations at 104 Windsor Street in New Bedford. The company owns a parcel of land that has been a known contaminated site since 1999 when an environmental assessment of the property concluded that soil and groundwater at the property had been impacted by a release of oil. MassDEP has determined that the owners of the site were not progressing at an appropriate pace with the assessment and cleanup of the property. In November 2005, MassDEP had issued a Notice of Noncompliance (NON) for failing to comply with deadlines contained in the MCP. The company failed to comply with the NON, today's Order negotiates timelines for the completion of assessment and cleanup of the site.11/6/06


Date: 11/8/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $54,000 Penalty involving the Town of Amesbury for Wetlands violations. MassDEP found the town was excavating within streams at three separate locations without any permits. The town has agreed to pay $5,000 of the Penalty within 30 days and the remainder suspended if compliance with all terms of the Order is attained as of 10/31/12. Those terms include


Date: 11/8/06
municipality: ['Webster']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Leo Shenette for Wetlands violations in Webster. Shenette allowed a contractor on his property in Webster to commence work before an Order allowing the work to proceed was issued and the required appeal period elapsed. The contractor was fined separately for the violations and for altering areas beyond the scope of what was approved. Eventual restoration of the &quot;bank&quot; and &quot;buffer zone&quot; will be the responsibility of Shenette.11/6/06


Date: 11/6/06
municipality: ['Holland']
Text:
  MassDEP issued a $1,000 Penalty Assessment Notice to James LaMountain and Northeast Concepts in Holland for Air Quality violations, specifically, un-authorized open burning.


Date: 11/3/06
municipality: ['Beverly', 'Peabody', 'Quincy', 'Reading', 'Wakefield']
Text:
  MassDEP entered into a Consent Order with a $10,750 Penalty involving Jiffy Lube International, Inc for waste oil management violations at multiple locations. MassDEP staff inspected Jiffy Lube's Beverly location and issued a Notice of Noncompliance relative to the waste oil management violations. Most of the violations were found to be continuing when a follow-up inspection was conducted. MassDEP staff then inspected Jiffy Lube facilities in Quincy, Reading, Wakefield and two in Peabody, and observed waste oil management violations at each one. MassDEP sought to settle the noncompliance issues observed at all locations via the issuance of one settlement document to the corporate parent for the individual facilities. Under today's Order, the facilities in question will assure that all violations are corrected, and will amend the existing Environmental Management System to improve waste management and handling at all of its Massachusetts facilities. In addition, the corporate parent has agreed conduct a Supplemental Environmental Project (SEP). This SEP involves the publication of a display advertisement designed to educate the public about Massachusetts' waste oil handling regulations. Its publication is specifically targeted to reach other entities that handle waste oil. It will be published three times in NESSARA's (New England Service Station and Automobile Repairers Association's) News Brief and twice in the Boston Business Journal. The estimated cost of the SEP is $13,255.


Date: 11/2/06
municipality: ['Springfield']
Text:
  MassDEP issued a Unilateral Order to Basset Boat Company, Inc. for Wetlands violations on its property along the Connecticut River in Springfield. MassDEP requires that Bassett submit a plan for the stabilization and removal of soil piles on its property that lie in the Riverfront Area (Bordering Land Subject to Flooding).


Date: 11/2/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $32,000 Penalty involving the 1409 River Street Condominium Trust for Waste Site Cleanup violations in Hyde Park (Boston). The Trust is the current operator managing the property located at 1409 River Street at which there is, or has been, a release of fuel oil. This oil was the source of indoor air conditions in the above residential building. Specifically, the violations involve


Date: 11/2/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with Urban Edge Housing Corporation for Waste Site Cleanup violations at 1542 Columbus Avenue in Roxbury (Boston). The corporation is the current owner of 1542 Columbus Ave where the violations involve


Date: 11/1/06
municipality: ['Webster']
Text:
  MassDEP issued a $13,610 Penalty Assessment Notice to Pierre Bouthiller for Wetlands violations in Webster. Bouthiller, a contractor working on a retaining wall project on Webster Lake, commenced work before an Order was issued under the Wetlands Protection Act and altered areas beyond the scope of what was approved under the Order that was subsequently issued. Restoration of the &quot;Bank&quot; and &quot;Buffer Zone&quot; will be the responsibility of the owner, Leo Shenette, under a separate enforcement action.


Date: 10/30/06
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving First Republic Corporation of America for Waste Site Cleanup violations at 221-257 Crescent Street in Waltham. As owners of the property, the corporation failed to meet certain regulatory phased submittal deadlines and failed to submit a final outcome statement as specified in a work schedule attached to its permit. In addition to the Penalty, today's Order outlines a specific schedule for the completion of necessary response actions in order to bring the site back into compliance and conclude cleanup actions.


Date: 10/30/06
municipality: ['Boxford']
Text:
  MassDEP executed a (modified) Consent Order with David Benson (president of Boxford Friendship Foundation, Inc.) and the Four Mile Village facility of Boxford. Today's modification to an existing Consent Order changes the deadlines required for assessing and upgrading the Title 5 (septic) systems located at the Four Mile Village facility and contains stipulated penalties if any deadlines are missed.


Date: 10/29/06
municipality: ['Saugus']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Joseph Abbondanza for Wetlands violations at 22 Hobson Street in Saugus. MassDEP responded to a complaint and determined that Abbondanza constructed a single-family dwelling that did not comply with an Order of Conditions previously issued by MassDEP. Due to changes in the approved plan, work on the topography and wall design resulted in erosion and siltation that altered 1,000 s.f. of bordering vegetated wetland. In addition to the Penalty, today's Order requires restoration of the altered area and three years of monitoring.


Date: 10/26/06
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with a $41,000 Penalty involving the University of Massachusetts/Amherst to address multiple Air Quality, Hazardous Waste and Industrial Wastewater violations. The violations included improper handling of asbestos at the French Hall building. UMass failed to perform an asbestos survey prior to demolition of a ceiling; failed to submit notification regarding the demolition; failed to remove asbestos prior to demolition operations; failed to utilize proper asbestos removal procedures (such as wetting the asbestos during removal, using methods of capture and containment) and sealing the asbestos into properly labeled, leak tight containers. Further, on 6/27/06, and 7/12/06, UMass reported a total of six opacity (smoke) excursions from the stack from the three coal-fired boilers at the main facility. UMass has cooperated with MassDEP in addressing the violations and in addition to the Penalty has agreed to implement an Environmental Management System (EMS) relating to asbestos, and will conduct Supplemental Environmental Projects (SEP) valued at $29,000. These SEPs will include


Date: 10/27/06
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with Southwick Water Department for Water Supply violations. The town failed to address repeated violations of the Total Coliform Rule. Southwick has agreed to detail and ensure implementation of its disinfection practices and flushing program for MassDEP.


Date: 10/26/06
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with Juana Alicea and Manolin Fernandez for Air Quality (Asbestos) violations in Chicopee. MassDEP responded to a complaint and found that asbestos siding was improperly removed and no prior notification had been submitted for the work on this South Street residence in Chicopee. When notified by the MassDEP of the problems, Aliciea and Fernandez retained the services of a licensed asbestos contractor to remove the asbestos siding found in the yard. MassDEP has agreed to suspend $3,000 of the Penalty pending one year of compliance.


Date: 10/26/06
municipality: ['Swampscott']
Text:
  MassDEP executed a Consent Order with a $13,000 Penalty involving Aggregate Industries/Northeast Region for Air Quality violations at its facility in Swampscott. During an inspection conducted on 8/1/06 by MassDEP to check on Aggregate's compliance with hazardous waste recycling requirements, it was observed that Aggregate failed to install a Stage II (vapor recovery) system on a gasoline tank and dispenser that was installed in 1999. Aggregate agreed to install the system. The total Penalty includes $860 in back air quality compliance fees.


Date: 10/26/06
municipality: ['Somerville']
Text:
  MassDEP executed an Amendment to an existing Consent Order with L. Bornstein & Co., Inc. for Waste Site Cleanup violations at 321 Washington Street in Somerville. The company owns and operates a business at that address and today's Amendment modifies the dates for submittal of the Phases III Report, the Phase IV Report and final outcome statement. All other requirements of the original Order remain.10/24/06


Date: 10/23/06
municipality: ['Rockport']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty involving Alan Battistelli for Air Quality (Asbestos) violations at 57 Philips Avenue in Rockport. MassDEP personnel determined during a complaint that Battistelli and/or his employees had performed asbestos removal without notifying MassDEP as required. MassDEP has agreed to suspend $14,050 of the Penalty under a combination of homeowner and small business enforcement policies.


Date: 10/23/06
municipality: []
Text:
  MassDEP issued a Unilateral Order to Karen Connor for Wetlands violations at 1514 Main Street Agawam. Connor was found to be cutting vegetation and clearing within a Riverfront Area to create expanded commercial use of the property. Today's Order requires all work to cease and desist and stabilization of the site by 10/27/06. The possibility of additional enforcement action exists.


Date: 10/23/06
municipality: ['Brimfield']
Text:
  MassDEP issued a Unilateral Order to Jeffrey Paulin for Wetlands violations at 156 and 170 East Hill Road in Brimfield. Paulin began reconstruction of an access road to his residence within streams and wetland areas (resource areas) without having filed a Notice of Intent. Today's Order requires Paulin to submit plans to stabilize the site and restore the impacted area. Those plans are due within ten business days after the date an approved environmental consultant is retained for this purpose. The stabilization plan must then be implemented within five business days after it is approved with the restoration plan to be fully implemented thereafter. Decisions on additional enforcement action are pending.


Date: 10/23/06
municipality: ['Dartmouth']
Text:
  MassDEP issued a Consent Order with a $9,717.50 Penalty involving J&D Transport for Waste Site Cleanup violations at Reed Road and Sherbrooke Road in Dartmouth. The company, which is located at 62 Lakeside Avenue, in Dartmouth was cited for failure to notify within 2 hours of a release greater than 10 gallons. The Dartmouth Conservation Commission notified MassDEP on 1/24/06 of a tractor-trailer with a ruptured diesel tank impacting soil and a catch basin that leads into Lake Noquochocke. Upon arrival DEP determined from local officials that the release occurred three days earlier, on 1/21/06 when a tractor-trailer driven by Ed Ferreira struck a hydrant (at Reed Road) damaging the passenger-side saddle tank. Ferreira said he attempted to capture the leaking diesel in a container and estimated the release was less than 10 gallons. The amount of diesel observed by MassDEP on the ground, in the drainage system and in the lake belied this claim along with the later statement in a plan submitted on 3/28/06 that 35-40 gallons was released. Ferreira alleged police responding to the accident had informed him that notification to MassDEP was not required. The leaking diesel fuel was &quot;captured&quot; the truck was moved to Lakeside Avenue for the remainder of the weekend. MassDEP noted soil staining at #7 Sherbrooke Road as diesel had pooled and impacted soil and groundwater within 15' feet of the Northwest side of Lake Noquochoke.


Date: 10/20/06
municipality: ['Boston', 'Everett', 'Newburyport']
Text:
  MassDEP was notified that a preliminary injunction with the assistance of the Massachusetts Attorney General's Office has been obtained in Suffolk Superior Court regarding New Ventures LLC, for Solid Waste violations at the Crow Lane Landfill in Newburyport. New Ventures is the operator of the landfill that is undergoing final cap and closure. AG Reilly filed a lawsuit in February against the operator for failing to comply with MassDEP enforcement orders and the landfill closure plans. New Ventures has now agreed to the terms of the preliminary injunction, which requires New Ventures to install a state-of-the-art landfill gas extraction system, along with pretreatment controls and a new flare to burn off noxious landfill gas. The court's order also requires New Ventures to close the facility on an accelerated schedule, which provides for capping approximately half of the landfill capped by the end of 2006 and requires the remainder be capped by 8/30/07. In addition, the preliminary injunction requires that Wood Waste of Boston (which had been sending material to the landfill) will implement additional measures at its facility in Everett to remove gypsum wallboard from any deliveries to Crow Lane, to further reduce a source of odors.10/20/06


Date: 10/20/06
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving the University of Massachusetts Medical Center, Inc. for Hazardous Waste violations. The company, which operates a medical center in Worcester, generated hazardous waste in excess of its registered status as a very-small quantity generator (VSQG). The company also failed to notify its waste oil generation activity, and failed to comply with numerous other hazardous waste management requirements. In addition to the Penalty, today's Order requires the company to maintain compliance with all applicable requirements.


Date: 10/20/06
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving Charter Environmental, Inc. for Air Quality (Asbestos) violations at its Worcester facility. The company failed to adequately seal the area where an asbestos removal project at a site in Worcester, a former cinema complex. Charter will comply with all the appropriate regulations.


Date: 10/19/06
municipality: []
Text:
  MassDEP entered into a Consent Order with Alfred A. Slifka for Waste Site Cleanup violations at 1624 Hyde Park Avenue. As owner of the property, Slifkia was cited for failure meet deadlines established in a Notice of Noncompliance issued by MassDEP on 6/24/06. New deadlines have now been set to return the site to compliance with the submittal of Phases II by5/30/07; Phase III by 7/30/07; Phase IV Plan by 8/30/07; and, either a Remedy Operation Status or a final outcome by 8/30/08. Today's Order contains a provision for stipulated penalties for any missed deadlines.10/19/06


Date: 10/18/06
municipality: ['Plymouth']
Text:
  MassDEP executed a Consent Order with a $20,000 Penalty involving Roger Randall for Wetlands violations in Plymouth. MassDEP determined that Randall altered approx. 16,000 s.f. of bordering vegetated wetlands for the construction of a concrete platform and excavation of a pond. MassDEP agreed to suspend $10,000 of the Penalty pending compliance with the Order; Randall has agreed to restore and replicate a total of 16,180 s.f. of wetlands.10/18/06


Date: 10/16/06
municipality: ['Cambridge']
Text:
  MassDEP executed a Consent Order with the estate of Harry F. Stimpson for Waste Site Cleanup violations at 148 Sidney Street in Cambridge. The estate is the listed owner of the property, and is responsible for violations including failure to submit Phase II and III reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 5/26/06. Under the terms of the Order, new deadlines have now been set in the Order to return to compliance with the submittal of Phase II and Phase III Reports by 4/30/07; a Phase IV Plan by 10/30/07; and, either a Remedy Operation Status or a final outcome statement by 9/5/08. In addition, the estate has agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.10/13/06


Date: 10/13/06
municipality: []
Text:
  MassDEP executed a Consent Order with Goly's Garage, Inc. of Greenfield for Waste Site Cleanup violations. Specifically, the violations were for failure to submit Phase II, III, and IV Reports within the deadlines previously established in a Notice of Noncompliance issued by MassDEP on 4/4/06. New deadlines have now been set in the Order to return to compliance with the submittal of Phase II and III Reports by 6/29/07, and submittal of the Phase IV Plan, or if appropriate, a final, Response Action Outcome Statement, by 10/29/07. In addition, Goly's Garage agreed to pay stipulated penalties of up to $1,000 per day in the event of non-compliance with the Order.10/13/06


Date: 10/12/06
municipality: ['Ashland']
Text:
  MassDEP executed a Consent Order with James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland. As owner and operator of the property, Lefter failed to meet deadlines set out in a Notice of Noncompliance issued on 7/14/06. New deadlines have now been established including


Date: 10/12/06
municipality: []
Text:
  MassDEP issued a Consent Order involving Erving Paper Mill and MassHighway to address Water Supply compliance issues. Under today's Order, the two parties agreed to address the need for a replacement well at the Paper Mill due to the realignment of Route 2 by MassHighway. A replacement well has been deemed the best solution and each party has obligations under the order to accomplish this goal.10/11/06


Date: 10/11/06
municipality: ['Ashby']
Text:
  MassDEP entered into a Consent Order with Peterborough Oil Co., Inc, owners of the Mr. Mike's Convenience Store in Ashby to bring the site into compliance with Drinking Water requirements. This Store also houses an upstairs apartment and a retail fuel station. Today's Order establishes an enforceable schedule under which the owners will develop a new drinking water source that can serve as a public water supply. If an off-site property to locate a new well with a fully compliant (protective) Zone One is not located by December 10, 2006, the facility will cease all water supply operations at that location for the purpose of public consumption.


Date: 10/11/06
municipality: ['Otis']
Text:
  MassDEP executed a Consent Order with Camp FireUSA to address Water Supply compliance issues at Camp Nawaka in Otis. Camp Nawaka has served as a public water system and must address total coliform bacteria violations at the superintendent's house. To address the violations, the Camp agreed to install an ultraviolet light disinfection system.


Date: 10/6/06
municipality: ['Lexington']
Text:
  MassDEP issued a Unilateral Order to John H. Sellars for Wetlands violations at 430 Concord Avenue, Lexington. On 9/29/06 the Conservation Commission requested MassDEP to investigate past and ongoing filling of wetlands taking place on the property. In 2001, the town issued an order that resulted in a settlement to restore over 15,000 s,f. of wetlands. Sellars never complied with the local order. MassDEP using aerial photography as a site to be investigated under the Wetland Loss Project had also identified the property. MassDEP inspected the site on 10/5/06 from abutting town-owned land, and witnessed large construction vehicles working a loam screening operation. The work in progress was filling in excess of 5,000 s.f. of Bordering Vegetated Wetlands. MassDEP staff also observed that approx. one acre (of previously existing BVW on Sellars' property) had been filled and was being entirely used for the operation. MassDEP verbally ordered Sellars to cease and desist filling and working within area under jurisdiction without authorization. Sellars continued to work and MassDEP contacted the Lexington Police and worked to convince Sellars to cease further activity. Today's Order establishes a written order to cease all activity in the area, and temporarily stabilize the site. Sellars was informed of the possibility of additional enforcement action.


Date: 10/5/06
municipality: ['Dedham']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving the estate of Frank Gobbi, for Waste Site Cleanup violations at 875 East Street in Dedham. Specifically, the estate failed to submit cleanup plans and response actions in accordance with deadlines established in Massachusetts regulations. Today's Order establishes revised deadlines for the Estate to submit the required reports and return to compliance. MassDEP has agreed to suspend $20,000 of the Penalty pending compliance.


Date: 10/5/06
municipality: ['Framingham']
Text:
  MassDEP executed a Consent Order with Marilyn A. Carr, Trustee of Bishop Terrace Condominium Trust in Framingham for Waste Site Cleanup violations. The trustees of a condominium complex failed to meet cleanup deadlines not only as established under state regulations but also under a specific notice of noncompliance issued on 7/21/06 by MassDEP. Today's Order establishes a deadline of 12/30/07 for submittal of a Response Action Outcome (i.e. no further action) statement, and contains stipulated penalties for any missed deadlines.10/5/06


Date: 10/5/06
municipality: ['Plymouth']
Text:
  MassDEP executed a Consent Order with a $1,200 Penalty involving Indianhead Resort of Plymouth for Water Supply violations. The Resort failed to submit annual statistical report for 2005. This public water system has been issued notices of noncompliance for prior violations of this type within the past four years. MassDEP has agreed to suspend $600 of the Penalty pending compliance.


Date: 10/4/06
municipality: ['Avon', 'Boston']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving WDS, LLC, of Avon for Asbestos violations at 572 Freeport Street in Boston. MassDEP personal responded to a complaint of demolition and improper asbestos handling at 572 Freeport Street and found WDS had demolished a commercial building without submitting proper notification. MassDEP has agreed to suspend $500 of the Penalty pending compliance one year.10/3/06


Date: 10/3/06
municipality: ['New Bedford']
Text:
  MassDEP issued a Unilateral Order to Revere Copper Products, Inc. and Reis Asphalt, Inc. of New Bedford for Air Quality violations at 24 North Front Street. Revere Copper Products, Inc., property owner, and Reis Asphalt, Inc., demolition contractor must cease and desist from any additional asbestos removal and/or demolition activities at Storage Building #1, 24 North Front Street, New Bedford. MassDEP noted asbestos notification and work practice violations pursuant to the Massachusetts Air Pollution Control Regulations at 310 CMR 7.15, as well as several Hazardous Waste Regulations at 310 CMR 30.00. Before any additional demolition or asbestos cleanup activities are to continue, both parties were ordered to submit the proper asbestos notification to MassDEP; and hire a licensed asbestos contractor to remove all visible ACMs. Revere Copper Products, Inc was required to evaluate all containers of unknown materials accumulated throughout storage building #1 and determine if the materials are waste, hazardous waste or suitable for use. All waste(s) determined to be hazardous shall be properly stored and managed, shipped off-site under a hazardous waste manifest or disposed of in accordance with 310 CMR 30.00. The Company hired a licensed contractor and the cleanup has been completed. (Lead Staff


Date: 10/3/06
municipality: ['Andover']
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty involving Daniel and Lynn Marie Gibson for Wetlands violations at 3 Hazelwood Circle residence in Andover. The violations on their residential property involved constructing a pool and large cabana house on property in the Buffer Zone to a Bordering Vegetated Wetland. The Gibsons received verbal assurance by the town's Conservation Administrator that no Wetland Protection Act filing was needed. The project - once under construction - was inspected by a new town Conservation Administrator who determined the work required the filing of a Notice of Intent. That application was appealed to MassDEP due to failure to act. MassDEP inspected the site and found that the work was in violation of the Wetlands Protection Act and contributed to or caused a change in the flow of an intermittent stream. The change to the drainage pattern altered the function of approximately 2500 square feet of resource area. Under today's Order MassDEP has reached a settlement that in addition to the Penalty will require drainage improvements to restore the function of the impacted area.


Date: 10/3/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $37,000 Penalty involving River Street Realty Trust for Waste Site Cleanup violations at 1283 Hyde Park Avenue. Specifically, the Trust was cited for the un-approved removal of vapor-phase treatment from a remedial system. Also, significant modification of a previously approved plan was done without approval. New deadlines have now been set to return the facility to compliance with the immediate re-attachment of the vapor-phase treatment, and the submittal of an evaluation of potential risk to workers and residents caused by the removal of the vapor-phase treatment. MassDEP has agreed to suspend $32,000 of the Penalty pending compliance.


Date: 10/2/06
municipality: ['Freetown']
Text:
  MassDEP issued a Unilateral Order to Thomas L. Tate of Freetown for an un-permitted industrial discharge to the ground from a floor drain. A number of hazardous waste management and solid waste violations were also observed. Today's Order requires the facility owner/operator to cease and desist from all unauthorized discharges affecting the waters of the Commonwealth and cease bringing any hazardous waste and/or solid waste to the site. Additional Departmental actions will follow.


Date: 10/2/06
municipality: ['Carver']
Text:
  MassDEP executed a Consent Order with Decas Cranberry Products, Inc. of 4 Forge Drive in Carver. Under today's Order, the company agrees to provide bottled water to its employees on a temporary basis, in lieu of developing an on-site public water supply. The facility had begun the process to establish a new source to provide its own water supply; however, the facility also began negotiations with the Town of Carver over possibly providing an alternative source of public water supply rather than establishing a new source.


Date: 10/2/06
municipality: ['Seekonk']
Text:
  MassDEP entered into a Consent Order with the owners of a former rhubarb farm in Seekonk for Waste Site Cleanup violations. Lester and Robert Silva, co-executors of the estate of Constance Silva, entered into the agreement for the site at 162 Anthony Street in Seekonk establishing new deadlines for the completion of comprehensive cleanup and the achievement of a permanent solution. The property is in the process of being sold and will be redeveloped to accommodate several single-family homes.


Date: 10/2/06
municipality: ['Lowell']
Text:
  MassDEP executed a Consent Order with Randy R. Stevens, the president of Bob Stevens and Sons, Inc., of Lowell, for Waste Site Cleanup violations. Specifically, the violations included failure to meet deadlines set out in a Notice of Noncompliance issued on 7/18/06. Today's Order establishes a deadline of 12/30/07 for submittal of a Response Action Outcome (i.e. no further action) and contains a stipulated penalty provision if any deadlines are missed.10/2/06


Date: 9/29/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $13,375 Penalty involving Gordon Conwell Theological Seminary in South Hamilton for Water Pollution Control violations. The facility has a groundwater discharge permit related to the operation of a wastewater treatment plant. During a scheduled inspection, MassDEP discovered that there had been a bypass of untreated wastewater. The bypass was caused by a severe rain event, however, the Seminary failed to report the event and to clean up the sludge on the surface of the treatment plant, as is required. Today's Order requires the Seminary to design and install a new flow equalization tank to minimize future bypass events. Further, the Seminary must adopt protocols to address the need to report such bypass and/or overflow events in accordance with all applicable regulations. The new flow equalization tank will cost over $100,000 and if the Seminary complies with today's Order, MassDEP has agreed to suspend $7,625 of the Penalty.


Date: 9/29/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the Chelmsford Water Department for Water Supply violations. Specifically, the District did not provide proper anti-siphon protection on the chemical feeds at the water treatment plant, and constructed an aluminum tank at the plant without MassDEP's approval. The District has agreed to bring the facility into compliance, after which MassDEP will suspend $4,250 of the Penalty.9/29/06


Date: 9/29/06
municipality: ['Lee']
Text:
  MassDEP issued a Demand Letter for Stipulated Penalties ($1,000) to Patricia Armitage Transport Service, Inc. for Waste Site Cleanup violations in Lee. The Penalty is due since Armitage (a trucking company based in Epping, New Hampshire) failed to comply with a Consent Order it signed earlier this year in which it agreed to submit documentation concerning the cleanup of a fuel spill that occurred on the MassTurnpike in Lee on 10/14/05. Approximately 100 gallons of diesel fuel was released onto soil and into a drainage swale as a result of the accident. An environmental contractor retained by Armitage completed the cleanup over the next several weeks, but no documentation was submitted. While Armitage subsequently agreed to submit documents, it has now failed to do so.


Date: 9/29/06
municipality: ['Falmouth']
Text:
  MassDEP entered into a Consent Order with a $6,015 Penalty involving Woods Hole Oceanographic Institute of Falmouth for Surface Water Discharge violations. Woods Hole failed to conduct whole-effluent toxicity testing according to requirements in its permit and failed to submit timely results from discharge monitoring. In addition to the Penalty, Woods Hole will correct the violations.


Date: 9/28/06
municipality: ['Berkley']
Text:
  MassDEP entered into a Consent Order with a $9,600 Penalty with an owner of Site at 58 North Main Street/Bogs Landing in Berkley. During an audit of cleanup actions, MassDEP's Bureau of Waste Site Cleanup issued a notice of noncompliance and notice of audit findings to the owner, who had submitted an invalid report that failed to comply with cleanup requirements. Audit staff determined groundwater with contamination above allowable thresholds, and needed to be addressed. The owner also failed to properly evaluate chromium and dioxin hot spots, conduct a Stage I Environmental Screening, and relied upon erroneous calculations when certifying. Four of the five original violations were addressed, but the owner was penalized for the violation that was not addressed timely. A lien to recover all outstanding costs incurred by the Commonwealth was filed. The MassDEP has collected more than $171,000 to recover all costs and fees. Today's Order establishes new deadlines and requires the owner to undertake additional response actions to bring the site into full compliance9/28/06


Date: 9/28/06
municipality: ['Fairhaven']
Text:
  MassDEP issued a Unilateral Order to Carlos A. Perreira of Fairhaven due to unauthorized alteration of wetlands, including mowing, cutting, wall construction and reconstruction. The work impacted 5,000 square feet of salt marsh and coastal wetlands. One day after the Order required the homeowner to immediately cease all work in wetlands, a follow-up inspection revealed that the equipment, the stone and plywood had been removed from the salt marsh.


Date: 9/27/06
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Zeneca, Inc., for Waste Site Cleanup violations in Taunton. An inspection of Zeneca's facility at 354-356 Winthrop Street found the discharge of iron and manganese to groundwater in excess of allowable levels.Zeneca is operating an elaborate groundwater treatment system at a former ICI drum disposal site. Iron and manganese levels are likely due to natural conditions and the former buried drums. Under the ACO, Zeneca has until March 31, 2007 to get the levels below the discharge limits.


Date: 9/27/06
municipality: ['Cheshire']
Text:
  MassDEP entered into a Consent Order with Pine Valley Mobile Home Park in Cheshire for Water Pollution Control violations, (septic systems). Under today's Order, the Park has agreed to a schedule to bring any failed septic systems into compliance.


Date: 9/26/06
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with Lowell Used Auto Parts Co., Inc. for Waste Site Cleanup violations. The company, which is located at 108 Tanner Street in Lowell, failed to submit Phases II, III and IV reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 6/6/06. New deadlines have now been set to return to compliance with the submittal of (a) Phases II and III by 2/6/07, (b) a Phase IV Plan by 9/6/07 and completion by 1/16/08. If the company fails to meet those deadlines, it has agreed to pay $1,000/day in stipulated penalties.


Date: 9/25/06
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $9,700 Penalty involving William Zirblis for Asbestos violations at 172-174 Euclid Avenue in Springfield. During a June, 2005 inspection, Zirblis of Enfield, Conn. was cited for improper handling of asbestos insulation and for failing to submit notification prior to the removal of asbestos from a residential rental property that he (formerly) owned. MassDEP has agreed to suspend $5,700 provided all terms of the Order are met.


Date: 9/22/06
municipality: ['Northampton']
Text:
  MassDEP issued a Unilateral (cease-and-desist) Order to Susan Caisse of Northampton for Wetlands Violations at 62 Leonard Street. The Order was issued for ongoing work within 100 feet of a Bordering Vegetated Wetland/Certified Vernal Pool & Stream in violation of a local enforcement order issued by the Northampton Conservation Commission. Today's Order by MassDEP requires Caisse to comply with the local enforcement order within 21 days.9/22/06


Date: 9/22/06
municipality: []
Text:
  MassDEP working with the Attorney General's Office obtained payment of a suspended Penalty from Walgreens (Eastern) Company, Inc. due to failure to comply with a previous judgment. Previously, Walgreens had violated the Massachusetts Hazardous Waste Management Act and the Massachusetts Clean Waters Act in its handling of photo processing waste. The Final Judgment suspended $85,000 provided Walgreen's submitted a certificate of completion that it had made the necessary changes to ensure future compliance. Walgreens has now paid the suspended Penalty and submitted a final report and certificate.


Date: 9/21/06
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order to $2,156 Penalty involving P. Christopher Associates (PCA) for Groundwater Discharge violations in Attleboro. PCA is the owner of a property in Attleboro where a Speedee Oil Change & Tune Up is a tenant. MassDEP inspected the property in August of 2005 and found the groundwater discharge violations


Date: 9/19/06
municipality: ['Oxford']
Text:
  MassDEP entered into a Consent Order with a $7,250 Penalty involving Oldcastle Retail Inc. (d/b/a Bonsal American) for Air Quality, Industrial Wastewater and Toxics Use Reduction violations in Oxford. The Company, which manufactures dry mix concrete under the trade name Sacrete, was found to have caused conditions of air pollution (excessive dust) when it did not properly maintain air control equipment, roadways, and failed to keep accurate records and supply them to MassDEP in compliance with its previously agreed Air Pollution Plan Approval. In addition the facility discharged Industrial Wastewater (truck wash water) to the ground without a ground water discharge permit and failed to have a senior official of the company sign its Toxics Use Reduction Plan Update. In addition to the Penalty, today's Order requires the company to comply with all applicable requirements.


Date: 9/19/06
municipality: []
Text:
  MassDEP entered into a Consent Order with Kelley Oil Company for Waste Site Cleanup violations in Palmer. Robert Kelley, owner of the company is required to expedite the pace of cleanup actions at the site, which was first listed with MassDEP on 1/16/90 due to the detection of fuel oil in groundwater. The site is a small fuel oil terminal located on the banks of the Quaboag River. The site was also heavily damaged during the flooding that occurred in October 2005. Today's Order establishes deadlines to complete response actions and contains stipulated penalties if future noncompliance with deadlines occurs.


Date: 9/19/06
municipality: ['Middleton', 'North Andover']
Text:
  MassDEP entered into a Consent Order with a $38,375 Penalty involving Nomid Trust for septic system (Title 5) violations in Middleton. Nomid constructed and operated a tight tank to serve new construction at the Hoops Specialists Building located at the North Andover/Middleton town line. Although Nomid obtained a permit to install a septic system, an illegal tight tank was installed instead. Today's Order requires Nomid to either connect to the municipal sewer or construct a septic system in the spring of 2007. MassDEP has agreed to suspend 13,375 of the Penalty provided Nomid complies with the Order.


Date: 9/18/06
municipality: ['Malden']
Text:
  MassDEP entered into a Consent Order with a $12,495 Penalty involving the City of Malden for Drinking Water violations. The city failed to comply with drinking water requirements pertaining to lead service line replacement, survey. Also, during some replacement work, the city failed to sample, report and notify the public of lead levels; homeowners should have been given the opportunity to replace water lines located on their property. Today's Order mandates the material survey, establishes an aggressive but reasonable schedule for lead service line replacement, requires public outreach and assistance to homeowners, and addresses sampling, reporting, and public notification issues. MassDEP agreed to suspend the Penalty pending compliance.


Date: 9/18/06
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with 37-43 Melrose Street Realty for Waste Site Cleanup violations in Lawrence, specifically for failing to meet deadlines. Edgar Martinez, as Trustee of 37-43 Melrose Street Realty Trust and owner or operator of the property, has now agreed to a deadline of 12/21/07 for completion of response actions. Today's Order also contains stipulated penalties for failing to meet deadlines.


Date: 9/15/06
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with A & G Auto Services for Waste Site Cleanup violations in Everett. The company failed to submit Phase III and IV of the cleanup for 394 Main Street in Everett according to the deadlines established in May of 2006. New deadlines have been agreed along with stipulated penalties of $1,000 per day if compliance is not met. The missing Phase III and IV are due by the end of 2006, and a completion of response actions is required by 7/15/08.


Date: 9/14/06
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order with a $3,105 Penalty regarding Joel Alvord of Westport for Wetlands violations. Alvord installed piles and other structures for a dock without a valid Order of Conditions and a Waterways license. Under today's Order, in addition to the state Penalty, Alvord will pay an additional $3,105 to the Westport River Watershed Alliance as a Supplemental Environmental Project.


Date: 9/12/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $12,700 Penalty involving Steve Bellew for Asbestos violations at 17 Tolman Street in Dorchester (Boston). Bellew removed asbestos containing insulation from two boilers and piping from the basement of the property.


Date: 9/11/06
municipality: []
Text:
  MassDEP and the Massachusetts Attorney General's Office entered into an Amended Judgment with the Massachusetts Bay Transportation Authority's (MBTA) regarding the cleanup of asbestos and contamination at the transit agency's former power plant in South Boston. The Massachusetts Superior Court finalized the agreement, which was brought in response to the MBTA's failure to meet cleanup deadlines. The MBTA will finish the cleanup, pay $100,000.00 within 90 days with an additional $226,000 to be suspended if all the terms of the Order are met. In addition, the MBTA agreed (under a Supplemental Environmental Project) to expend $130,000 directly to the South Boston Asthma Control Program.


Date: 9/11/06
municipality: ['North Adams']
Text:
  MassDEP executed a Consent Order with a $10,356 Penalty involving LaValley Oil Company for Waste Site Cleanup violations in North Adams. While cleanup was initiated, LaValley failed to immediately notify MassDEP of a release of 50 gallons of diesel fuel that occurred at its bulk storage facility on Hodges Cross Road. The release occurred on 6/16/06 due to a failed transfer pump seal, and the diesel fuel was released into an earthen dike around the tank. In addition to the Penalty, LaValley agreed to retrain its employees on response actions and notification requirements related to the releases of oil and hazardous materials.9/11/06


Date: 9/11/06
municipality: []
Text:
  MassDEP executed a Consent Order with a $47,051 Penalty involving A. Graziano, Inc. and M & G Realty Trust for numerous violations in Braintree. An inspection of Graziano's ready mix concrete facility on the banks of the Monatiquot River in Braintree found a discharge of silt-laden storm water with a high pH to the river and wetlands on site and industrial wastewater to the ground as well as a discharge to an on-site stream that led to the river. In addition, Graziano failed to register and properly manage its hazardous waste, and illegally stored and processed solid waste. M & G Realty Trust owns the property on which some of these violations occurred.In addition to the Penalty, Graziano has agreed to reconfigure its storm water management system and monitor the storm water discharges; cease industrial wastewater discharges; and, no longer accept and process solid waste, as well as henceforth to properly manage its hazardous waste. Graziano has also agreed to perform a Supplemental Environmental Project (with an estimated value of $33,795) that involves constructing a vegetated buffer between the river and its processing facilities. MassDEP has agreed to suspend $7,051 of the Penalty pending compliance.


Date: 9/8/06
municipality: ['Tyringham']
Text:
  MassDEP executed a Consent Order with a $1,150 Penalty regarding Wetlands violations at Shaker Mill Pond in Tyringham by Margaret Howard/Sydney Urquhart. Howard/Urquhart - as owners of Shaker Mill Pond - undertook a drawdown of the pond without receipt of local conservation commission approval for the repair of the dam. The drawdown resulted in the alteration of 7.5 acres of the pond, which partially re-filled as a result of storms. Today's Order requires the owners to refrain from any further work on the dam or pond without receiving proper approval. Further, the Order requires the owners to submit an Operation and Maintenance plan for the pond within 30 days, and a copy of the as-built plan once it has been submitted to Office of Dam Safety. MassDEP agreed to suspend the Penalty pending compliance.


Date: 9/8/06
municipality: ['Monterey']
Text:
  MassDEP issued a Boil Water Order (declaration of water emergency) to Monterey Water Company in Monterey. MassDEP issued the Order to this public water system and provided technical assistance specifically as it pertains to the operation of the chlorination equipment.


Date: 9/7/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Niakaros Realty Trust for Waste Site Cleanup violations at 1402 Centre Street in Roslindale. Specifically, Niakaros failed to submit Phase Reports within the deadlines established in a previous Order (3/15/05). In addition to the Penalty, Niakaros has agreed to new deadlines to return to compliance with the submittal of the Phase III report by 10/31/06, and a final cleanup outcome by 3/31/07.


Date: 9/6/06
municipality: ['Kingston']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving Manhasset Gardens of Kingston. The owners filled approximately 5,100 square feet of Bordering Vegetated Wetlands for the storage of plants for their greenhouse operation; the owners will not restore 5,114 square feet of wetlands in addition to the Penalty.


Date: 9/6/06
municipality: ['Deerfield']
Text:
  MassDEP executed a Consent Order with a $14,000 Penalty involving Mark Gilmore for Wetlands violations on Sand Gully Road in Deerfield. An inspection by MassDEP per the request of the local conservation commission determined that Gilmore undertook site grading and construction that altered 19,175 square feet of Bordering Vegetated Wetland. Gilmore will restore the altered wetland area by 12/1/06. MassDEP has agreed to suspend $11,500 of the Penalty pending compliance.


Date: 9/6/06
municipality: []
Text:
  MassDEP issued a Unilateral Order to Canterbury Development, Inc. for Wetlands violations at 939 Piper Road in West Springfield. While undertaking extensive site construction for this subdivision, Canterbury allowed a ten-acre area of soils to become exposed to the elements, and unstable. As a result sediment erosion caused a significant amount of sediment to become deposited in 1 acre of Bordering Vegetated Wetland (BVW) areas on the site. The UAO requires Canterbury Development, Inc. to submit a Site Stabilization Plan in 10 business days from regional approval of a consultant, submission of a BVW restoration plan, and full restoration of the impacted BVW by 12/1/06.9/5/06


Date: 9/1/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,150 Penalty involving Boehler's Garage for Hazardous Waste Management and Air Quality violations at its facility in East Freetown. A multi-media inspection by MassDEP revealed violations including


Date: 8/31/06
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with a $19,050 Penalty involving North American Site Developers, Inc. for Asbestos violations at Danvers State Hospital in Danvers. NASDI consented to the Penalty although several violations at the Hospital demolition project were related to work done by a NASDI sub-contractor. MassDEP agreed to suspend $13,050 pending full compliance for one year.


Date: 8/31/06
municipality: []
Text:
  MassDEP executed a Consent Order with a $3,000 Penalty involving the South Hadley Electric Light Department for Waste Site Cleanup violations. After a release on 3/25/06 of up to 25 gallons of mineral oil dielectric fluid at the Smith Avenue facility, no immediate notification was provided to MassDEP as required. Workers at the scene took immediate steps to clean up the release, however, failed to notify MassDEP of the spill until 3/27/06. In addition to the Penalty, South Hadley Electric Light agreed to re-train its employees on proper response and notification procedures for releases of oil and hazardous materials.


Date: 8/31/06
municipality: ['Lanesborough', 'Williamstown']
Text:
  MassDEP issued a 'Do-Not-Use' Order (for drinking and culinary purposes for Mount Greylock Regional High School in Williamstown and Lanesborough. The school serves as a public water system and after it connected its replacement well reported very high total coliform counts in the school's distribution system.


Date: 8/30/06
municipality: ['Andover', 'Chelsea']
Text:
  MassDEP issued a Demand Letter for a $26,875 relative to the payment of a previously-suspended Penalty involving Abatement Control Services, Inc. The company, located at 241-261 Broadway, Chelsea, had entered into a Consent Order with MassDEP on 11/17/04 due to Asbestos violations observed at a site in Andover. At that time, it was agreed to suspend the entire Penalty for a period of two years, pending compliance. On 8/18/06, however, an inspection by MassDEP of a project involving the company (at 241-261 Broadway in Chelsea) violations of the asbestos regulations were observed. As a result of those violations, the Demand Letter for the suspended Penalty has been issued.


Date: 8/30/06
municipality: ['Ashfield']
Text:
  MassDEP entered into a Consent Order with Edge Hill Golf Course in Ashfield due to Water Supply violations. The facility had been serving as a public water supply system (25 people served daily at least 60 days per year), but had not been approved. The facility has now agreed to bring the system into compliance - including certified lab testing of samples and the installation of a water meter - by 12/31/06.


Date: 8/29/06
municipality: ['Millbury']
Text:
  MassDEP entered into a Consent Order with a $1,950 Penalty involving Dresser-Rand Group, Inc. of Millbury for Hazardous Waste and Air Quality violations. The Company was found be generating waste oil in excess of their registered status and failed to follow numerous other hazardous waste management and air quality regulations. In addition to the Penalty, the company will purchase a multi-gas detector and a portable two-way radio at a cost of $3,050, and donate it to the Millbury Fire Department.


Date: 8/29/06
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Jeffery Brothers Warehouse, Inc., at 66 Broadway in Salem for Waste Site Cleanup violations, specifically failure to meet deadlines. In addition to the Penalty, today's Order establishes new timelines for submittal of cleanup reports and stipulated penalties for failure to comply.


Date: 8/29/06
municipality: ['Stoneham']
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty regarding Weiss Farm Inc. of 170 Franklin Street in Stoneham for Wetlands and Solid Waste violations. Weiss Farm conducts licensed composting operations (from Mass Dept of Agricultural Resources). MassDEP determined that the operations had resulted in alteration of approximately 30,000 square feet of Bordering Vegetated Wetland and 5,000 square fee of land under a waterway. Today's Order requires full restoration and long-term monitoring of all wetland resource areas and significantly improved site operating procedures. MassDEP agreed to suspend the Penalty pending full compliance for a period of five years.8/29/06


Date: 8/28/06
municipality: ['Ashburnham']
Text:
  MassDEP executed a Consent Order with a $1,500 Penalty regarding Maple Wood Acquisition LLC of Ashburnham for Air Quality violations. The Company was found be operating an outdoor wood-fired boiler in violation of regulations concerning opacity (visible emissions) and incineration regulations. The company agreed to permanently cease operation of the boiler.


Date: 8/25/06
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with Hampton Housing Associates of Northampton for Waste Site Cleanup violations at 20 Hampton Avenue in Northampton. The Consent Order requires HHA to expedite the pace of remedial response actions at the site. The site was first listed with MassDEP on 6/20/02 due to the detection of fuel oil in the groundwater. The site was a former fuel oil terminal that is now used for residential housing. MassDEP has required submittal of a Phase II Report, Phase III Plan and a Phase IV Plan or a Response Action Outcome Statement. Today's Order specifies deadlines to complete response actions and contains stipulated penalties for future noncompliance with MassDEP interim and regulatory deadlines.8/25/06


Date: 8/24/06
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $43,195 Penalty involving Walter L. Bronhard of 972 Highland Avenue, Fall River for Asbestos violations. Among the violations


Date: 8/23/06
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with Josephine Banas, owner of 67-69 Parker Street in Springfield for Waste Site Cleanup violations. Banas agreed to expedite the pace of remedial response actions at this location where in October 1998, fuel oil was found in soil following the removal of a 550-gallon underground storage tank. MassDEP has now required a revised plan and completion report that will more effectively address the existing contamination on-site. Today's Order further specifies the deadlines to complete response actions and contains stipulated penalties for future noncompliance with any regulatory (or interim) deadlines.


Date: 8/23/06
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with the Town of Hampden to address Water Supply compliance. Today's Order ensures that the reactivation of a public water system at the Hampden Senior Center will be done within all the applicable drinking water requirements.8/22/06


Date: 8/15/06
municipality: ['Orange']
Text:
  MassDEP entered into a Consent Order with a $7,250 Penalty regarding Bob's Towing & Service in Orange for Hazardous Waste Management violations. MassDEP inspected the facility ion 1/31/06 and found the company was burning refuse in an incinerator without a permit; was violating hazardous waste management regulations by failing to affix labels on containers of waste oil; had failed to clearly delineate areas where containers of waste oil were being stored; and, had failed to notify MassDEP of the facility's waste-oil space heater. The company initiated corrective actions after the inspection and worked to address the noncompliance issues. MassDEP has agreed to suspend $5,750 of the Penalty pending full compliance over the next year.8/14/06


Date: 8/14/06
municipality: ['North Andover']
Text:
  MassDEP entered into a Consent Order with a $14,275 Penalty regarding Central Metal Finishing of North Andover for Hazardous Waste Management violations. This action was taken after an inspection determined the facility while registered as a Small Quantity Generator had in fact operated as a large Quantity Generator of Hazardous Waste for the years 2000-2006. MassDEP determined that Central Metal Finishing was in compliance with all other the large Quantity Generator regulations, and today's Penalty reflects only back fees for the seven years that the facility had operated out of status.


Date: 8/14/06
municipality: ['Westborough']
Text:
  MassDEP was notified of a civil settlement in the Commonwealth v. BioSolutions in Suffolk Superior Court. Pursuant to that agreement, BioSolutions (of Westborough) has agreed to pay a $10,000 civil penalty for using an unapproved treatment process in violation of the state's (septic system) Title 5 on-site sewage treatment regulations. This settlement resolves allegations that the company repeatedly used &quot;Terralift&quot; on septic systems even though the MassDEP has not approved the process. According to the complaint, BioSolutions repeatedly used the Terralift process, which injects highly pressurized air and plastic into septic system leach fields. The injections can create fissures in the soil that may allow sewage to flow out of the system before proper treatment, which can result in groundwater contamination.


Date: 8/11/06
municipality: ['Westfield']
Text:
  MassDEP executed a Consent Order with Louis Liptak, Jr. for Waste Site Cleanup violations at 180 Notre Dame Street in Westfield. The property had been listed as Downgradient Property Status by an adjacent property owner due to the discovery of tetrachloroethene in groundwater. An audit later determined a floor drain with the same contaminant on Liptak's property. MassDEP has already issued a Notice of Noncompliance (in May 2006), and today's Order, establishes deadlines for submittal of response actions by Liptak.


Date: 8/11/06
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with an $11,700 Penalty regarding J.B.M. Enterprises, Inc. and Gordy Realty Trust for Asbestos violations at 825 Tradewind Street and 700 Kempton Street in New Bedford. The companies failed to submit written notification to MassDEP for removal of asbestos containing material (shingles), and for committing three asbestos abatement work practice violations. During the removal of these shingles, the companies failed to properly wet the asbestos-containing material, failed to secure asbestos in leak-tight containers and failed to label the material. Under the Small Business Policy, MassDEP has agreed to suspend $8,700 of the Penalty pending compliance.


Date: 8/10/06
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with Calvin Arnold Jr., for Wetlands violations at 25 White Street in Southwick. Arnold (and/or his consultant) failed to disclose project-related impacts in a floodplain [Bordering Land Subject to Flooding] in his proposal (Notice of Intent). Today's Order requires Arnold to evaluate project-related impacts to the floodplain that will result from construction of a retaining wall on his property. The retaining wall would involve placement of approximately 133 cubic feet of fill in the floodplain without any compensatory flood storage.


Date: 8/10/06
municipality: []
Text:
  MassDEP issued a Unilateral Order to John W. Morrison regarding work on Burleigh Estates subdivision (Old Warren Road) in Palmer. As developer of this subdivision, Morrison must take immediate action to stabilize the site. MassDEP found violations including


Date: 8/10/06
municipality: ['Southwick']
Text:
  MassDEP executed a Consent Order with a $3,150 Penalty involving Red Oak Contractors for Wetlands violations at 313 Granville Road in Southwick. The developer undertook work without waiting for resolution to the regulatory appeal period. While no unauthorized impacts resulted to protected resource areas, today's Order protects the public appeal period and deters other contractors or developers from violating the state's Wetlands Protection Act appeals process. MassDEP agreed to suspend $1,650 of the Penalty contingent upon further compliance with wetland regulations relative to the project.


Date: 8/10/06
municipality: ['Holland']
Text:
  MassDEP issued a Unilateral Order to Michael and James LaMountain to cease-and-desist from further work in the Riverfront Area at Mashapaug Road in Holland due to Wetlands violations. The developers of the site commenced work without the filing of a Notice of Intent with the Holland conservation commission or receiving an order of conditions (permit). Today's Order by MassDEP stipulates that immediate stabilization of the site should be taken to prevent impacts from erosion and that the developer must file appropriate plans for the work with the Holland con-com and MassDEP.8/8/06


Date: 8/8/06
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $3,000 Penalty involving CJ's Towing Unlimited in Springfield for Hazardous Waste violations. A Department inspection in January 2006 revealed that the company, which tows, stores and repairs vehicles at 348 and 420 Rocus St., Springfield, violated hazardous waste housekeeping regulations. In addition to paying a penalty, CJ's Towing Unlimited has agreed to correct all hazardous waste violations.


Date: 8/8/06
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with Ellis Nursing Home, Inc. for Asbestos violations at 22 Codman Road in Norwood. Today's Order requires Ellis to implement a cleanup plan, which had been reviewed and approved by MassDEP calling for excavation of asbestos contamination from the Ellis sewer and drain easement. The plan must be completed within 60 days from the effective date.


Date: 8/8/06
municipality: ['Brimfield']
Text:
  MassDEP entered into Consent Order with a $7,000 Penalty involving Automotive Specialties Repairs & Service relative to Solid Waste, Air Quality and Hazardous Waste violations in Brimfield. An inspection by MassDEP of the 86 Holland Street facility in May 2005 uncovered the violations, which the company will correct; in addition to the removal of thousands of stored tires.


Date: 8/8/06
municipality: ['Fairhaven']
Text:
  MassDEP issued a Unilateral &quot;Cease and Desist&quot; Order to Jose J. and Maria F. Silva to prevent further Wetlands damage at their project in Fairhaven. Today's Order requires erosion control measures to be taken. A previous Order of Conditions for work at the site has expired; however, the Silva's continued to work, failed to maintain wetland flagging stations and excavated/fill beyond the limit of work authorized. Work has impacted coastal wetlands including, but not limited to, coastal bank and coastal beach.


Date: 8/7/06
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with Open Square Properties, LLC of Holyoke for Waste Site Cleanup violations. The company owns a mill property under development at 10 Open Square Way in Holyoke. In September 2003, MassDEP determined a sheen of oil was discharging into the canal and non-aqueous phase liquid (NAPL) was present in groundwater underlying the site The company failed to submit Immediate Response Action (IRA) reports within the required timeframes and MassDEP issued a Notice of Noncompliance in February 2004. While the owner subsequently brought the site back into compliance with the regulation, today's Order enacts a September 2006 deadline to submit a Site Assessment and Remedial Action Plan. Open Square has submitted the necessary IRA Status Reports and is now committed to more aggressive assessment and cleanup of the NAPL at the site in order to prevent future discharges to the canal.8/7/06


Date: 8/7/06
municipality: ['Hanover']
Text:
  MassDEP executed a Consent Order with a $1,118 Penalty involving P.A. Landers for Air Quality violations at its concrete batching plant in Hanover. MassDEP issued approval on 8/1/00 of the company's plan covering the control of emissions at the plant. In the spring of 2006, inspections by MassDEP identified air quality violations pertaining to the record keeping required to support compliance with that approval. Without those records, evidence that the control of emissions within the specified limits was not available. Additional data would later indicate that emissions (from March 2004 through March 2006) were within the limits. In addition to the Penalty, today's Order requires the company to maintain proper emission records on-site.


Date: 8/7/06
municipality: ['Monson']
Text:
  MassDEP entered into a Consent Order with a $4,500 Penalty involving Bethany Road Realty Trust for Waste Site Cleanup violations at 132 Bethany Road in Monson. The Trust failed to comply with a Notice of Noncompliance (NON) issued in August of 2005. MassDEP earlier had determined during an audit of the cleanup that was submitted relative to this site that groundwater had been incorrectly classified. The site resides within the Zone II of the Monson public water supply wells, and failed to present an appropriate risk characterization to demonstrate no significant risk. In response to the NON, revisions were made (that correctly classified the groundwater), however it still failed to document any additional sampling to verify the standards were met for metals, nor that the data was a suitable basis for the submittal of an Opinion.


Date: 8/7/06
municipality: ['Milton', 'Quincy']
Text:
  MassDEP BWP entered into a Consent Order with an $11,500 Penalty involving Quarry Hills Associates, Inc. (QHA) for Air Quality violations. MassDEP inspected the landfill gas flares at former landfill located along the Quincy and Milton border. Contrary to the requirements contained in an Air Quality Plan Approval issued for each site, temperature readings and recording devices were not installed on either flare. In addition, no adequate records of air emissions from either flare were being kept on-site, and the Milton landfill gas flare was not equipped with the required landfill gas flow recorder. Today's Order requires QHA to install the required monitoring and recording equipment on both flares and to immediately begin keeping adequate air emissions records on-site. MassDEP agreed to suspend $5,750 of the Penalty pending compliance for one year.


Date: 8/7/06
municipality: ['Salisbury']
Text:
  MassDEP executed a Consent Order with a $13,750 Penalty involving John A. Barcelos, Trustee of J.A.N.C. Realty Trust for Wetlands violations in Salisbury. The unauthorized construction included an elevated boardwalk, two concrete block walls, a fence, a patio walkway and brick pad, that occurred in part on residential property on North End Boulevard with portions of the work also including land under the control of the state's Department of Conservation and Recreation. In addition, the work resulted in depositing of stone within a Dune on a Barrier Beach. Some of this work affected Dune function and increased areas of Dune erosion. Today's Order requires significant site changes that result in restoration of approximately 1400 square feet of Dune and includes monitoring. MassDEP agreed to suspend $11,250 pending compliance within one year.8/3/06


Date: 8/3/06
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with a $1,380 Penalty involving Demers Brothers Trucking, Inc. of Attleboro for Hazardous Waste Management violations. The company is a trucking and rigging company that specializes in transporting industrial equipment. A site inspection by MassDEP on 3/27/06 identified the violations primarily pertaining to storage of waste oil/hazardous waste. In addition to the Penalty, the Order establishes an aggressive schedule for returning to compliance with the proper management of oil and hazardous waste. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 8/1/06
municipality: ['Worcester']
Text:
  MassDEP was notified of the judge's decision in the case of the Commonwealth v. Paul Brunell in Worcester Superior Court relative to the violations of the state's Hazardous Waste Management Act. Brunell is the former president and operator of a Worcester metal plating company and pleaded guilty to seven criminal counts of violating the Act, i.e. illegal storage and transportation of hazardous waste. Brunell also pleaded guilty to one count of violating the Clean Water Act arising from his discharge of pollutants into waters of the Commonwealth. Judge John S. McCann imposed a sentence of supervised probation for ten years. As a condition of the sentence, the defendant is required to pay partial restitution to MassDEP in the amount of $11,000. Further, Brunell is required to perform 500 hours of community service, and is prohibited from working or acting in any capacity in the metal plating business throughout the entire 10-year probationary period. He must also pay all pertinent court fees. The Commonwealth had recommended a sentence of two and one-half years in the House of Correction, six months to serve and the balance suspended for a five year probationary period, with the condition that the defendant be prohibited from working or acting in any capacity in the metal plating business.8/1/06


Date: 7/31/06
municipality: ['Bernardston']
Text:
  MassDEP entered into a Consent Order with a $31,000 Penalty involving Graves Concrete Inc., of Bernardston for Air Pollution, Hazardous Waste and Solid Waste, Industrial Waste and Wetlands violations. The violations were discovered during an inspection conducted at Graves' ready-mix concrete plant in Bernardston, on 7/28/05. Graves, who cooperated with MassDEP, will pay a $12,000 Penalty and will address the noncompliance issues as required. In addition, Graves will conduct environmental audits of its three other concrete plants located in Massachusetts to ensure environmental compliance. MassDEP has agreed to suspend $19,000 of the Penalty pending compliance with all terms of the Order.


Date: 7/28/06
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with Getty Petroleum Marketing, Inc., of East Meadow, New York, for Water Supply violations at its location in Sutton. Getty was found to be operating a public water system at the site without written approval from MassDEP. The Order requires the company to hire a certified operator, submit sampling plans for approval and to undertake additional measures to improve protection around the well.7/28/06


Date: 7/28/06
municipality: ['Auburn']
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty involving McManus Excavating Company for Water Pollution Control violations in Auburn. The company installed a sewer connection to a Washington Street property prior to receiving a valid sewer connection permit from MassDEP.


Date: 7/28/06
municipality: ['Hanover']
Text:
  MassDEP executed a Consent Order with a $6,500 Penalty involving the town of Hanover for Solid Waste violations. During a routine inspection of the town's transfer station, MassDEP found that the Town had constructed an above ground (weighing) scale and an underground utility line to that scale without approval that should have been obtained, given that the transfer station is located at the site of a former town landfill. MassDEP is currently reviewing the site to assess any potential damage to the landfill final cap/cover system and potential risk to (scale) operators. MassDEP has agreed to suspend the Penalty provided all terms of the Order are met.7/28/06


Date: 7/28/06
municipality: ['Chicopee']
Text:
  MassDEP, along with the Massachusetts Attorney General's Office and the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) concluded a consent decree with the city of Chicopee. The decree is relative to the city's Combined Sewage Overflow (CSO) problems, and includes a penalty in the amount of $115,000 (split equally by state and federal governments). In addition the city has agreed to a schedule for immediate projects ($35 million phase one improvements) and a schedule for the study of the system and implementation of a long-term control plan. The long-term control plan will result in a significant reduction of CSO events with CSO discharge presently occurring at an estimated rate of 466 million gallons of untreated combined sewage annually, with the some CSOs discharging up to 77 days in a typical year.


Date: 7/26/06
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with Kwang Sok Noh of Westfield for Waste Site Cleanup violations. Noh, who owns/operates Stanley Laundromat in Westfield, failed to submit cleanup reports on the property which became a site as a result of a filing downgradient that indicated the presence of tetrachloroethene in groundwater. Today's Order comes as a result of three deadline extension requests, and issuance of a Notice of Noncompliance. Noh is required to submit a Phase IV Remedy Implementation Plan by March 2007.7/26/06


Date: 7/26/06
municipality: ['Quincy']
Text:
  MassDEP executed a Consent Order with Bostonia Nominee Trust for Waste Site Cleanup violations at 555 Southern Artery in Quincy. The Trust failed to submit cleanup reports within the deadlines established in a Notice of Noncompliance issued by DEP on 4/18/06. New deadlines have now been set in today's Order to complete response action by 9/30/07.


Date: 7/26/06
municipality: ['Boston']
Text:
  MassDEP issued a Demand for a $10,050 (previously-suspended) Penalty to Environmental Compliance Specialists of Boston. MassDEP entered into a Consent Order with the company on 9/14/05 due to asbestos violations at two different locations. Under that Order, the company was required to pay $12,000 - but suspended an additional $10,050 Penalty. On 7/19/06 MassDEP personnel responded to a complaint at the former Hunt Field House, 45 Almont Street in Boston. During the inspection MassDEP personnel observed violations of the asbestos regulations in the company's work area at the site. The foregoing violations resulted in NERO issuing a demand for the suspended portion of the prior Penalty.7/25/06


Date: 7/24/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding the Saturn - Central dealership for Stage II (vapor recovery) violations at 151 Rivermoor Street in West Roxbury. BWP executed an Administrative Consent Order with Penalty with Saturn Central of West Roxbury for Stage II Vapor Recovery violations. An inspection on 3/9/06 by MassDEP determined that Saturn was continuing to operate a Stage II Vapor Recovery facility without having providing test results demonstrating compliance. In addition to the Penalty, Saturn has agreed to correct the violations.


Date: 7/24/06
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty involving Rampage Systems, Inc. of Waltham for Hazardous Waste Management violations at its 411 Waverly Oaks Road facility. MassDEP determined during an inspection on 5/22/06 that Rampage was operating without having registered with MassDEP as a Small Quantity Generator of Hazardous Waste. In addition to the Penalty, Rampage agreed to pay $3,750 in hazardous waste fees dating back to 1997.7/24/06


Date: 7/24/06
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $17,500 Penalty involving Joseph Ruggiero for Waste Site Cleanup violations at 181 North Washington Street in Boston. The owner failed to submit cleanup reports within the deadlines established in a previous Consent Order entered into with MassDEP on 4/8/05. Now, in addition to the Penalty, Ruggerio has agreed to new cleanup deadlines and will complete response actions by 9/1/09.


Date: 7/21/06
municipality: []
Text:
  MassDEP entered into a Consent Order with the North Adams Water Department regarding Water Supply violations, specifically, the staffing of the town's cross connection (backflow prevention) control program. The town has begun to bring the program into compliance, which today's Order formalizes.


Date: 7/19/06
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order with the town of Westport for accepting asbestos containing material at the transfer station. Under the terms of the Order, the Town must train transfer station employees in asbestos products identification and response procedures, train employees to monitor all waste as it is transferred at the transfer station, and train employees to identify all special wastes. The Town must also inspect all transfer station equipment, which must be repaired or replaced if in poor condition. Proper training of transfer station employees will help prevent future mishandling of asbestos containing products and other special waste materials. Repair and replacement of transfer station equipment will help prevent contamination of the environment.


Date: 7/14/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $19,575 Penalty involving VA Boston Healthcare System of West Roxbury for Solid Waste violations. The VA Hospital contracted with a solid-waste transporter to pick up waste; the transporter was not licensed to handle infectious waste, nor did the VA Hospital notify the transporter of the infectious waste. An accident enroute to a transfer station caused the transporter to release infectious waste - including IV bags, needle holders, medical packaging and soaked gauze - to scatter along approx. 200 feet of the VFW Parkway in West Roxbury. MassDEP responded to the incident and supervised and directed the clean up and disposal activities. The VA Hospital assumed responsibility for the clean up costs when made aware of the situation. In addition to the Penalty, the VA Hospital has agreed to develop and submit to MassDEP for approval a plan to ensure that medical waste is not mingled with solid waste. MassDEP has agreed to suspend $7,575 of the Penalty provided all terms of the Order are met.


Date: 7/14/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Tower Square Realty Trust in North Attleboro for Waste Site Cleanup violations. After a release of oil/hazardous materials occurred on the Trust's property at 64 Elm Street in North Attleboro in 1999, they conducted some preliminary response actions including a Tier II Site Classification but failed to complete any additional work at the site. In January 2006, MassDEP issued the company Notice of Noncompliance for failing to complete response actions. In addition to the Penalty, today's Order contains a schedule for completion of response actions at the site.


Date: 7/13/06
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Castagna Construction Corporation of Newburyport for Air Quality violations. MassDEP noted the violations - at the corner of State and Temple Streets - during a routine inspection. Castagna failed to file a demolition notification prior to commencing work. MassDEP suspended an additional $500 for one year pending the company's compliance.


Date: 7/13/06
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $10,798 Penalty involving Carbon Composites, Inc. of Leominster for Air Quality and Hazardous Waste violations. The company failed to comply with its previously approved plan for Air Quality; failed to store organic compounds to minimize evaporation; failed to notify its hazardous waste generation status; and, failed to follow other hazardous waste management and waste-oil accumulation standards. The company agreed to bring the facility into compliance; MassDEP agreed to suspend $5,000 of the Penalty pending one year of continued compliance.


Date: 7/13/06
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $7,500 Penalty involving Drico Corporation of Charlotte, North Carolina for Waste Site Cleanup violations at 10 Mann Street in Worcester (formerly New York Twist Drill site). The company is required to correct violations involving the remedial (cleanup) actions conducted at the site, including a provision to perform annual testing of indoor air at the site. A related Consent Order for this site was previously executed with the current property owner, Deerfield Street LLC, on 1/17/06.


Date: 7/13/06
municipality: ['Pelham']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Jay-Mor Inc of Pelham, New Hampshire for Air Quality violations. MassDEP noted the violations - at the corner of State and Temple Streets - during a routine inspection. Jay-Mor failed to file a demolition notification prior to commencing work. MassDEP suspended an additional $500 for one year pending the company's compliance.7/12/06


Date: 7/11/06
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $21,550 Penalty regarding Alpha Oil Company in Wilbraham for Groundwater Discharge and Hazardous Waste Management violations. During an inspection on 9/15/05, MassDEP found Alpha Oil was washing #2 fuel oil-contaminated rags in a washing machine and discharging the oil-contaminated washwater into the ground through a dry well located within the company's vehicle service bay. In addition, the company was not posting the proper hazardous materials sign, not clearly delineating areas where containers of hazardous waste were being stored; and, failed to notify MassDEP of the facility's hazardous waste and waste oil generation. In addition, Alpha Oil transferred the custody or possession of waste oil to an unlicensed transporter. The company has agreed to correct the violations; MassDEP has agreed to suspend $9,550.00 of the Penalty.


Date: 7/7/06
municipality: ['Shrewsbury']
Text:
  MassDEP entered into a Consent Order with a $945 Penalty involving TriStar Plastics of Shrewsbury for Hazardous Waste violations found during a January 2006 inspection. The violations were corrected immediately; a Supplemental Environmental Project (SEP) valued at over $2,555 was approved whereby the company will purchase a gas-monitoring device and auxiliary equipment, which will be donated to the Shrewsbury Fire Department.


Date: 7/6/06
municipality: ['Shrewsbury']
Text:
  MassDEP executed a Consent Order with a $2,550 Penalty involving TriStar Plastics Corporation in Shrewsbury for Hazardous Waste violations. TriStar stored waste oil in excess of the prescribed accumulation period, failed to notify the Department of its waste oil generation and failed to follow other waste oil accumulation standards. Today's Order requires the company to pay a $945. penalty, maintain compliance with applicable regulations, and perform a Supplemental Environmental Project (SEP). The SEP involves the purchase of a first responder gas monitor detection device and auxiliary equipment costing $2,555.00 and the donation of that equipment to the Town of Shrewsbury Fire Department7/6/06


Date: 7/5/06
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty regarding Solutia Inc., of Springfield for Air Quality violations. Solutia exceeded its permitted air emission limits. The violations involved exceeding permitted air emission limits and monitoring results and were self-reported as required by the company's Air Quality Operating Permit. The violations were due to a failure to follow internal procedures for collecting environmental data.7/3/06


Date: 6/30/06
municipality: ['Rutland']
Text:
  MassDEP entered into a Consent Order with Heifer International Project in Rutland for Drinking Water Violations at Overlook Farm. During an inspection earlier this month, MassDEP determined that the current water supply at Overlook Farm was in non-compliance. Today's Order ensures the current well maintained maximum feasible compliance by restricting development within 100 feet of the current well, while developing a compliant Public Water supply at their facility. The Order allows the Rutland Board of Health to issue a permit to allow this year's summer camp to be held.6/30/06


Date: 6/30/06
municipality: ['Bourne', 'Sandwich']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty regarding Mirant Canal, LLC, for Air Quality violations in Sandwich. The violations involve visible emissions from the facility's smoke stacks in 2003 and 2004. In addition to the Penalty, Mirant will undertake a Supplemental Environmental Project costing $45,000 to reduce pollution from school buses in the towns of Sandwich and Bourne. Air quality analysts from MassDEP determined that the density of visible emissions coming from the plant, also called "opacity," violated the plant's operating permit. Excess opacity is an indication of pollutants emitted by the plant that contribute to poor air quality. During discussions with MassDEP on the violations, Mirant implemented corrective steps at their Sandwich facility to address the problem.


Date: 6/30/06
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with a $3,250 Penalty involving Vachon Mazda and Mitsubishi Dealerships in Attleboro for Hazardous Waste violations. A multi-media inspection by MassDEP revealed the company had not registered with the Department as a generator of Hazardous Waste and for Waste Oil at two of its dealerships. In addition, the company installed a waste oil space heater without notifying the Department and failed to comply with several management requirements including, emergency preparation and procedures, weekly inspections, labeling and training requirements. In addition to the Penalty, the company will bring the facilities into compliance.


Date: 6/29/06
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $40,050 Penalty regarding Kelley Environmental of 43 Hobson Street in Boston for Air Quality (Asbestos) violations. MassDEP agreed to suspend all but $1,000 of the Penalty due to financial inability pending compliance for a period of two years. The violations were discovered as a result of a complaint response originally received from the City of Boston.


Date: 6/29/06
municipality: []
Text:
  MassDEP entered into a Consent Order with the Town of Barnstable regarding two un-approved public water supply wells at the Community Building and the Sandy Neck beach concession stand. The facilities will be registered as public water supplies and, as such, will have regulatory responsibilities involving monitoring and reporting requirements.


Date: 6/29/06
municipality: ['Charlemont']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty to Academy at Charlemont for Water Pollution violations in Charlemont. The school was found to be discharging lab wastes to a septic system. Today's Order requires the school to submit a plan to bring the facility into compliance with the regulations; MassDEP agreed to suspend the Penalty provided the system is brought into compliance within the time frame established.


Date: 6/29/06
municipality: ['Cummington']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving Swift River Academy of Cummington for Water Pollution violations. The school was found to be discharging lab wastes to a septic system. Today's Order requires the school to submit a plan to bring the facility into compliance with the regulations; MassDEP agreed to suspend the Penalty provided the system is brought into compliance within the established schedule.


Date: 6/29/06
municipality: ['Oak Bluffs']
Text:
  MassDEP issued a Consent Order with a $2,000 Penalty regarding M.V. Auto Salvage for Waste Site Cleanup violations in Oak Bluffs. M.V. Auto Salvage regarding a release of waste oil at their property in Oak Bluffs. A release of waste oil on the company's property was first identified in 1996. M.V. Auto Salvage conducted preliminary response actions, but failed to complete the cleanup. In June 2005, MassDEP issued a Notice of Noncompliance (NON) due to the incomplete cleanup. The company failed to comply with the NON. In addition to the $2,000 Penalty, today's Order requires M.V. Auto Salvage to implement $5,000 in Best Management Practices to ensure adequate environmental controls at its facility.6/29/06


Date: 6/29/06
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Waste Site Cleanup violations by the Massachusetts Bay Transportation Authority (MBTA). The violations cited involve the cleanup of 4 Riverside Avenue in Brockton include


Date: 6/29/06
municipality: ['Newton']
Text:
  MassDEP entered into a Consent Order with a $27,000 Penalty involving Ciccolo Property Trust for Waste Site Cleanup violations at 714-726 Beacon Street in Newton. The Trust failed to report an Imminent Hazard, failed to submit Immediate Response Action Status Reports, and failed to achieve a Response Action Outcome or request a Tier Classification Extension within the deadlines set by the Massachusetts Contingency Plan. In addition to the Penalty, the Trust has agreed to bring the site back into full compliance by 4/2/08; MassDEP has agreed to suspend $17,000 of the Penalty pending compliance.


Date: 6/27/06
municipality: ['Dracut']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Kenwood Water District of Dracut for Water Supply violations. Specifically, the District failed to comply with the lead and copper public notification and sampling plan submittal requirements as outlined in a previous Notice of Noncompliance.6/27/06


Date: 6/26/06
municipality: ['Needham']
Text:
  MassDEP entered into a Consent Order with a $26,740 Penalty involving Master Finishing & Restoration, Inc. of Needham for Air Quality violations. The facility, which is located at 178 Crescent Road, disclosed that without approval it had installed equipment that should have triggered an application to MassDEP for an air quality permit. MassDEP suspended $22,820 of the Penalty provided the company complies with all the terms of the Order and the underlying regulations cited.


Date: 6/23/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving LVI Environmental Services for Air Quality (Asbestos) violations at Danvers State Hospital. LVI is a Massachusetts licensed asbestos abatement contractor and during a routine inspection MassDEP observed several work-practice regulations by the company.


Date: 6/23/06
municipality: ['Sherborn']
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty involving Pilgrim Church in Sherborn for Water Supply violations. The Church failed to take samples for lead, copper, nitrate/nitrite, inorganics, as well as Synthetic Organic Compounds and Volatile Organic Compounds in 2005/2006. MassDEP has agreed to suspend the Penalty provided the Church complies with the Order.


Date: 6/22/06
municipality: ['Hancock']
Text:
  MassDEP issued a Unilateral Order to Berkshire Wind Power LLC for Wetlands violations in Hancock on Brodie Mt. Road. The company was found to be in violation of a Superseding Order of Conditions (permit). Today's Order requires the Berkshire Wind Power to re-assess its erosion controls and ensure that adequate controls are in place, and to stabilize the site.


Date: 6/21/06
municipality: ['Brewster', 'Quincy']
Text:
  MassDEP entered into a Consent Order with $14,000 Penalty involving Brewster Management Corporation for Waste Site Cleanup violations at 135 Hancock Street in Quincy. Brewster failed to submit a Phase II, III, and IV as required in a Notice Of Noncompliance (NON) issued by MassDEP on 1/13/06. In addition to the Penalty, the company has agreed to a timetable to return to compliance; MassDEP has agreed to suspend $5,000 of the Penalty pending compliance with the Order.


Date: 6/20/06
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Mill River Professional Center, LLC, for Waste Site Cleanup violations at One Washington Street in Taunton. The company failed to record the necessary documentation relative to an Activity and Use Limitation (AUL) on its property and, then failed to meet deadlines for doing so. In a Notice of Noncompliance issued to Mill River, MassDEP identified the violations and established a sixty-day deadline for the correction of the AUL. However, prior to the expiration of the deadline established, MassDEP received an update on the response requesting additional time to record the necessary documents. Today's Order enables the Trust the time to record the necessary documentation required to correct the AUL violations.


Date: 6/19/06
municipality: ['Maynard']
Text:
  MassDEP executed a Consent Order with a $2,875 Penalty for Water Pollution (septic system) violations at Stow Shopping Center. The owner, Linear Retail Stow, LLC agreed to address a failing Title 5 Large Septic System at Stow Shopping Center. Linear Retail Stow LLC will either obtain a groundwater discharge and upgrade its on-site system, or phase out the system and connect to Maynard municipal sewer within the established timeline.


Date: 6/19/06
municipality: ['Fitchburg', 'Worcester']
Text:
  MassDEP issued a $26,620 Penalty Assessment Notice to M.S. Realty Trust of Fitchburg for Air Quality (Asbestos) violations at 229 Mechanic Street in Worcester. MassDEP observed multiple violations that occurred during the removal of asbestos siding from this multi-family residential property, including shattered asbestos-containing material, and dry, uncontained asbestos strewn about the property and in an open top roll off at the site.


Date: 6/15/06
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with Daniel Diaz for Waste Site Cleanup violations at 2495-2505 Main Street in Springfield. Diaz entered into a Consent Order with MassDEP after having failed to meet Cleanup deadlines. Previously, Diaz had been issued a Notice of Noncompliance and provided the paperwork for application of Financial Inability but failed to respond or file the necessary paperwork. The Consent Order provides new deadlines for submission of the appropriate documents.6/13/06


Date: 6/12/06
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with $1,500 Penalty involving RM Technologies for Air Quality (Asbestos) violations at 300 Canal Street in Lawrence. MassDEP has agreed to suspend an additional $1,500 Penalty pending compliance.


Date: 6/11/06
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Roberto Loam & Equipment Corp. for Wetlands violation in Billerica. MassDEP determined erosion and stockpiling of loam and other soils resulted in the fill and alteration of approximately 25,000 square feet of Bordering Vegetated Wetland (BVW) and 300 linear feet of Bank. In addition to the Penalty, full restoration and monitoring of all resource areas is required; an additional $6,375 Penalty will be suspended if in compliance by 10/31/12.6/10/06


Date: 6/9/06
municipality: []
Text:
  MassDEP executed a Consent Order with First Lutheran Church in West Barnstable for Water Supply violations. The facility had been operating as an unapproved public water supply. Today's Order requires that the system become registered with the Drinking Water Program and regulated as a transient non-community public water system.


Date: 6/9/06
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with CRV Development for Water Supply violations at 12 John Road in Sutton [CRV leases the property to industrial and commercial tenants]. CRV operates an unapproved public water supply well on-site. The company has now agreed to an enforceable schedule for the development of a compliant public water supply well to serve the facility. Today's Order requires CRV to operate the on-site well in accordance with the requirements for a public water supply, submit the appropriate permits to MassDEP for approval and complete any required upgrades to the well and protective area around the well (Zone I).6/9/06


Date: 6/9/06
municipality: ['Holyoke', 'Ludlow']
Text:
  MassDEP Commissioner Robert W. Golledge, Jr. approved a final settlement regarding Patriots Environmental of Ludlow. An inspection by MassDEP in February 2004 found Air Quality (Asbestos) violations by Patriots Environmental in Holyoke. After failing to reach a negotiated settlement a Penalty Assessment Notice was issued for $27,575 in August 2005 and appealed by the company. In addition to today's $4,000 Penalty, the settlement includes an agreement by Patriots Environmental to perform a $15,000 Supplemental Environmental Project in which the removal of asbestos will be conducted for the City of Holyoke. MassDEP agreed to suspend $8,575 pending a one-year probationary period.6/9/06


Date: 6/9/06
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with James and Mary Jane Fitzpatrick, owners of Sutton Medical Building at 188 Worcester-Providence Turnpike in Sutton, to ensure compliance with Drinking Water Regulations. Today's Order establishes a schedule for the development of a compliant public water supply well to serve the facility. The Fitzpatricks will be allowed to continue use of the existing, unapproved water supply on site under a monitoring and maintenance plan until the new well is installed and on-line.6/8/06


Date: 6/8/06
municipality: []
Text:
  MassDEP issued a Unilateral Administrative Order to TruGreen Landcare LLC for Wetlands violations at the company's business property in Westborough The company failed to file a Notice of Intent or obtain any permits. Today's Order requires TruGreen LandCare to cease further filling and to hire a Wetlands Specialist to evaluate the impacts and prepare a restoration plan.


Date: 6/7/06
municipality: ['Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving Chuckran Auto Parts, Inc. of Bridgewater for Hazardous Waste and Wetlands violations. Inspections by MassDEP in March 2006 at Chuckran, an auto salvage/junk yard found the violations; the Hazardous Waste violations were corrected shortly after the first inspection and today's Order establishes an aggressive schedule for replicating the wooded swamp wetlands.6/7/06


Date: 6/7/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $23,000 Cumberland Farms for multiple Air Quality violations at ten (10) gasoline fueling stations. The company primarily failed to submit annual certification forms for Stage II (vapor recovery) systems. Cumberland Farms will pay $12,500 within 30 days with the remaining $10,500 suspended, provided the company complies with the annual in-use testing and certification requirements, for each of its stations, for one year. Today's Order also sets graduated stipulated penalties for any such future violations. Previously, MassDEP had issued Notices of Noncompliance for similar violations at 31 stations. As a result of this enforcement, the company has modified its internal procedures and will test and certify its Stage II systems every 11 months, to ensure compliance.


Date: 6/7/06
municipality: ['Randolph']
Text:
  MassDEP has entered into a Consent Order with a $3,934 Penalty involving the owners of Dairy Mart, at 430 Union Street in Randolph for Waste Site Cleanup violations. Cyclops Investment Trust owns the site, a former gasoline station, which in 1999 reported to MassDEP that an environmental assessment of the property had determined underground storage tanks released oil to the environment. Cyclops retained a consultant and completed some preliminary work at the site, but none since July 2000. In October 2005, MassDEP issued a Notice of Noncompliance for failing to conduct response actions at the Site in a timely manner. In addition to the Penalty, today's Order establishes a timeline for completing the cleanup. Cyclops has also agreed to conduct a Supplemental Environmental Project involving an $11,790 contribution to the MassEnvironmental Trust


Date: 6/6/06
municipality: []
Text:
  MassDEP issued an $800 Penalty Assessment Notice to Vincent Trucking Company for Waste Site Cleanup violations on Route 5 in West Springfield. The company, which is located in Agawam, failed to submit cleanup reports on a spill of hydraulic fluid. The site was identified as part of the Tier ID enforcement initiative. The spill to pavement occurred in July 1994; Vincent Trucking responded and initiated cleanup, but failed to submit documentation to MassDEP. The firm that handled the cleanup is no longer in business. MassDEP inspected the site and contacted former employees of the firm who were present at the cleanup to confirm that response actions had been taken. MassDEP will administratively close out the site upon receipt of payment.6/6/06


Date: 6/2/06
municipality: ['Kingston']
Text:
  MassDEP entered into a Consent Order with an $18,400 Penalty involving Kingsbury Summer Street, LLC and The Bog, LLC Kingston for Water Pollution (septic system) violations. The parties conducted unauthorized modifications to a large Title 5 septic system during a gravel removal operation. In addition to the Penalty, today's Order allows for repair and modification to the system as authorized through the proper permitting process.


Date: 6/2/06
municipality: ['Williamstown']
Text:
  MassDEP entered into a Consent Order with a $2,602 Penalty involving Williams College for Waste Site Cleanup violations at its facility in Williamstown. The College failed to notify MassDEP within two hours of a release of 90-130 pounds of ammonia at its Lansing-Chapman hockey rink. On 1/16/06, ammonia vapors were detected at 9


Date: 6/1/06
municipality: ['Athol']
Text:
  MassDEP entered into a Consent Order with an $18,800 Penalty involving JEMS of New England, Inc. for Waste Site Cleanup violations in Athol. JEMS failed to notify MassDEP of a condition of substantial release migration, failed to conduct Immediate Response Action, and failed to meet the performance standards for a remedy-operation status (ROS). In November 2003, JEMS filed a ROS submittal that concluded no substantial hazard was present because there was no exposure to the gasoline contamination. In December 2003, JEMS sampled indoor air in nearby residences and detected low concentrations of gasoline constituents but failed to notify MassDEP. A MassDEP audit in February 2005 found the violations and notified JEMS to conduct the response actions.


Date: 6/1/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $39,000 Penalty involving George Moore and Anita Moore for Waste Site Cleanup violations at 225A Walnut Avenue in Roxbury. Specifically, the violations were for failure to submit an Immediate Response Action (IRA) Status Report within the deadline established by MassDEP in a Notice of Noncompliance on 1/14/05. New deadlines have been established including an IRA Status Report by 7/14/06; a supplemental IRA Status Report by 8/30/06. By 5/30/07, additional report on the status of the cleanup is also due. MassDEP agreed to suspend $28,500 of the Penalty pending compliance with all terms of the Order.


Date: 6/1/06
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order with James Dachos, the former operator of a dry cleaners in South Hadley at 501 Newton Street. The site was first listed with MassDEP in March 1989 due to the detection of dry cleaning solvents (PCE) in the soils and groundwater on-site. After a remedial (Class C RAO) solution was submitted, MassDEP reviewed the data indicating that limited, if any, natural attenuation of PCE occurred over the last 14 years. MassDEP's audit subsequently resulted in the retraction of the RAO and the implementation of proactive response actions. Today's Order memorializes deadlines to complete response actions, or requires that Dachos submit documentation to support a claim of financial inability. Future noncompliance will result in stipulated penalties. The current property owners were sent Interim Deadline letters for the continuation of response actions.


Date: 5/31/06
municipality: []
Text:
  MassDEP has entered into a Consent Order with a $100,000 Penalty involving Bouchard Coastwise Management Corp, a New York-based company that ships thousands of barrels of oil through Massachusetts' waters due to barge transits of Buzzards Bay that were not accompanied by a tug escort, as required by a law aimed at protecting the bay's natural resources. Bouchard Coastwise Management Corp. of Melville, N.Y. was found to have violated the Massachusetts Oil Spill Act nine times between 2/8/06 and 3/9/06 each time barging at least 6,000 barrels of oil through Buzzards Bay and not using a tug escort. Bouchard Coastwise Management is a sister corporation to Bouchard Transportation, Inc., which was found responsible for spilling up to 98,000 gallons of oil in Buzzards Bay on April 27, 2003. The spill polluted 100 miles of coastline, closed shellfish beds for months, and killed hundreds of migratory birds.


Date: 5/31/06
municipality: ['New Bedford']
Text:
  MassDEP executed a Consent Order with a $5,175 Penalty involving ABC Disposal Services, Inc. of New Bedford for Waste Site Cleanup violations. A release on 8/19/05 at ABC Disposal of twenty gallons of diesel fuel was not reported; such incidents require notification to MassDEP within two hours. MassDEP received a Response Action Outcome (RAO) in December 2005, which stated that the waste generated from the cleanup of the release was placed in two15-gallon pails, covered and transported to SEMASS for disposal. No bill of lading was provided, which is a requirement for such shipments under state regulations.


Date: 5/31/06
municipality: ['Chelmsford']
Text:
  MassDEP issued a $56,750 Penalty Assessment and a Unilateral Order to Katrina Properties, Inc. for Waste Site Cleanup violations at 27 Katrina Road in Chelmsford. MassDEP has determined that an Immediate Response Action (IRA) is necessary at the site. Previously, MassDEP issued a Notice of Responsibility on 11/18/98 to Silicon Transistor Corporation (now Katrina Properties, Inc.) due to the discovery of volatile organic compounds in soil and groundwater at the property. MassDEP then issued a Notice of Noncompliance (NON) on 4/21/04 for failure to submit reports and perform testing as required. MassDEP issued a second NON on 4/4/05 for failure to submit - as required - a final outcome statement within five years of this site's initial cleanup permit. MassDEP issued a third NON on 4/2705 for failure to conduct monitoring and submitting information. Katrina has failed to submit documents required by the previous NONs and failed to attend a scheduled Enforcement Conference. Katrina has a pending deadline of 11/23/06, and its IRA should include an assessment of the condition of substantial release migration at the site, requiring the submittal for a Tier I Permit Extension.5/31/06


Date: 5/30/06
municipality: ['Northampton']
Text:
  MassDEP has entered into a Consent Order with a $25,000 Penalty involving Phillips Enterprises in Northampton for Hazardous Waste Management, Air Quality and Industrial Wastewater violations. Phillips will correct the violations and agreed to an $8,000 Supplemental Environmental Project, i.e. to fund Pioneer Valley Planning Commission's Voluntary Vehicle Recycling Program. MassDEP has agreed to suspend $21,000 of the Penalty for one year pending compliance with the Order.


Date: 5/30/06
municipality: ['Brimfield']
Text:
  MassDEP has entered into a Consent Order with a $1,380 Penalty involving Accellent Orthopedics in Brimfield for Hazardous Waste Management violations. Following the inspection by MassDEP, the company quickly corrected the violations and returned to compliance.


Date: 5/26/06
municipality: ['Woburn']
Text:
  MassDEP entered into a Consent Order with a $16,050 Penalty involving Seaver Construction for Air Quality (Asbestos) violations at 74 Columbia Road in Watertown. Seaver, which is located in Woburn, will pay $8,700 dollars with $7,350 suspended pending compliance for one year.


Date: 5/27/06
municipality: ['West Boylston']
Text:
  MassDEP entered into a Consent Order with an $8,875 Penalty involving LXU Healthcare Inc. (d/b/a Luxtec Corporation) in West Boylston for Hazardous Waste Management and Air Quality violations. The company self-reported that it had improperly disposed of leaded glass rods. In addition, the company noted that it needed to apply for and obtain a permit regarding its air emissions. In addition to the Penalty, today's Order requires the company to implement an Environmental Management System.


Date: 5/26/06
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with THS Auto, LLC, for Waste Site Cleanup violations at 325 Ralph Talbot Street in Framingham. Specifically, the violations were due to failure to achieve a Response Action Outcome (RAO) or Remedy Operation Status (ROS) within the deadlines established in an amended Notice of Noncompliance issued by MassDEP on 8/23/05. New deadlines have now been set in today's Order that will return the site to compliance with the submittal of an RAO or ROS by 6/1/07.5/26/06


Date: 5/26/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving RC Silk Screen, Inc. of Boston for failing to submit its compliance certification for printers. RC Silk Screen failed to file for the years 2004 and 2005. MassDEP agreed to suspend the entire Penalty pending compliance for one year.


Date: 5/26/06
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving Todesca Equipment Company, Inc. for Waste Site Cleanup violations at its 19-25 Laneville Terrace property in Boston (Roslindale). Todesca failed to achieve a final cleanup - i.e., Response Action Outcome (RAO) or Remedy Operation Status (ROS) - within the deadlines established in a Notice of Noncompliance issued by MassDEP on 7/21/05. Deadlines have now been set to bring the site into compliance by 11/30/06. MassDEP has agreed to suspend $24,000 of the Penalty provided all terms of the Order are met.


Date: 5/26/06
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with Clean Realty Trust for Waste Site Cleanup violations at 1181-1183 Worcester Road in Framingham. Specifically, the Trust failed to achieve a Response Action Outcome (RAO) or Remedy Operation Status (ROS) within the deadlines established in a Notice Of Noncompliance issued by MassDEP on 1/26/06. Deadlines have now been set to return to compliance by 7/30/07. Clean Realty Trust has agreed to pay a stipulated penalty of $1,000 per day to be if it fails to meet all the requirements.5/25/06


Date: 5/22/06
municipality: ['Chelmsford', 'Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $12,560 Penalty regarding Res/Com Builders and Developers of Chelmsford for Air Quality (Asbestos) violations in Tewksbury. MassDEP determined Res/Com improperly conducted a removal of asbestos-containing material during renovation of a Keyspan facility at 50 Chapman Road in Tewksbury. Res/Com has agreed to attend two-day "Asbestos Associated Project Worker" training within 180 days. Under MassDEP's small-business policy, $11,560 of the Penalty is suspended pending compliance for one year.


Date: 5/22/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving James D. O'Brien, a Licensed Site Professional (LSP) for making false, inaccurate and/or misleading statements in a report concerning the extent of oil contamination at a property at 76 Arsenal Street in Watertown. O'Brien failed to fully identify the extent of contamination in soils and groundwater at the site, potentially resulting in the exposure of future site occupants to contaminants in soil and indoor air. MassDEP alleged that a report bearing O'Brien's signature and license seal contained false, inaccurate and misleading information and O'Brien misled the property owners and others who might need to rely on the report when he certified that the site investigation met regulatory standards and was thorough and complete.


Date: 5/19/06
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with a $9,928 Penalty involving Ocean Point Management Trust in Plymouth for Water Pollution Control violations. The Trust failed to correct deficiencies in their wastewater treatment facility within the deadlines established in a Notice of Noncompliance issued by MassDEP on 11/2/05. New deadlines have now been set to return the facility to compliance.


Date: 5/19/06
municipality: ['Berkley']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Saraceno Development LLC of Berkley for Wetlands violations. MassDEP determined that Saraceno allowed the erosion of silt into a wetland at the site of a residential subdivision development in Berkley, which affected approximately 2500 square feet. The failure occurred due to inability to adequately maintain erosion control barriers, which had been a requirement of the order allowing the work to proceed. Saraceno has subsequently repaired the barriers.


Date: 5/18/06
municipality: ['Peabody']
Text:
  MassDEP reached a settlement with National Cleaning Company of Peabody for Air Quality (Asbestos) violations. National Cleaning had appealed a $142,900 Penalty Assessment Notice issued by MassDEP alleging financial inability. Today's settlement requires National Cleaning to pay $5,000 of the Penalty, with the balance ($137,900) suspended pending compliance over a two-year period.


Date: 5/18/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $25,885 Penalty involving 58 Realty Trust for Waste Site Cleanup violations at 62 Broadway in Methuen. The Trust violated the terms of an Activity and Use Limitation that had been recorded regarding the site. Today's Order establishes a schedule for the completion of necessary response actions by the Trust in order to bring the site back into compliance. MassDEP agreed to suspend $15,000 of the penalty provided all terms of the Order are met.5/18/06


Date: 5/17/06
municipality: ['Cohasset']
Text:
  MassDEP entered into a Consent Order with a $26,000 Penalty involving GGNSC Cohasset LLC of Cohasset for Water Pollution Control violations at Cohasset Knoll Nursing Home in Cohasset. MassDEP determined the facility violated its groundwater discharge permit by exceeding the amount of flow. GGNSC Cohasset LLC has agreed to investigate the excessive infiltration into the collection system from surrounding groundwater and develop a plan and schedule to repair any identified sources of infiltration. Thereafter the system will be reevaluated and further repairs may be deemed necessary.5/16/06


Date: 5/10/06
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with a $7,905 Penalty involving Aotco of Billerica for Hazardous Waste Management violations. The electroplating company, Aotco was found to be operating out-of-status, i.e., registered, as a small quantity generator of hazardous waste but was instead a large quantity generator. The Penalty amount includes back fees for the years 2004, 2005 and 2006.5/9/06


Date: 5/9/06
municipality: ['Middleborough']
Text:
  MassDEP entered into a Consent Order with an $8,750 Penalty involving Middleboro Recycling, Inc. (MRI) and Walt W. Zion Used Auto Parts, Inc., for violations involving Hazardous Waste Management, Air Pollution Control, Wetlands and Surface Water Discharge regulations. MRI - an automobile salvaging and metal recycling facility - and Zion - an automobile used parts facility - are located at the same site in Middleborough. Following a fire at the site, MassDEP conducted site inspections during 8/04 and determined the violations. Based upon discussions between MRI and MassDEP, the owner proposed to revamp the facility and modernize its operations. MassDEP has worked with MRI for over one year during the research, design and development process to initiate local permitting for a proposed new facility. In the interim, MRI has worked with MassDEP to develop and implement short-term measures in order to manage the facility's regulated waste streams. Pending the necessary local approval, MRI has under today's Order, agreed to the construction of a new facility which will implement short- and long-term measures to remediate the wetland impacted by silt (runoff) and ensure proper management of oil and hazardous waste as well as proper operation of the furnace. In addition to the Penalty, MRI and Zion have agreed to conduct two Supplemental Environmental Projects (SEPs). Under these Projects, short- and long-term measures will result in a significant change in the operation of the facility. MRI will implement a state-of-the-art facility for processing junk vehicles in order to maximize the capture and recycling of hazardous and non-hazardous components of these vehicles.


Date: 5/9/06
municipality: ['Westborough']
Text:
  MassDEP has assessed a $32,275 Penalty involving Thomas Payne for Air Quality (Asbestos) violations in Westborough that occurred during the removal of asbestos-containing siding from his residential property located at 25 Elm Street in Westborough. MassDEP inspectors identified the violations in April 2005 during an inspection that found the material had been removed without notification, and the required handling, packaging and disposal procedures. Payne was required to hire a licensed asbestos contractor to decontaminate all impacted areas of the property. MassDEP suspended all but $2,500 of the Penalty provided Payne does not have repeat violation for one year.5/8/06


Date: 5/8/06
municipality: ['Worthington']
Text:
  MassDEP issued a Unilateral Administrative Order to Berkshire Park Camping Area for Water Supply violations in Worthington, specifically, a failure to conduct necessary bacteria tests under the oversight of a certified operator, and failure to replace its source or demonstrate it is exempt from the Surface Water Treatment Rule. The order requires that the facility no longer operate as a public water system. The local board of health in Worthington has been informed and is cooperating with its oversight of the facility.5/6/06


Date: 5/5/06
municipality: []
Text:
  MassDEP issued a Unilateral Administrative Order to Mary Violet for Wetlands violations in Lunenberg. Violet is the trustee of Sunshine Realty Trust, which MassDEP determined had dredged over an acre of wetlands for construction of a farm pond without permit. Today's Order requires Sunshine Realty to cease further dredging and to prepare a restoration plan within 60 days. Additional enforcement action is anticipated.


Date: 5/5/06
municipality: ['Sturbridge']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving the town of Sturbridge for Solid Waste violations. MassDEP found the town failed to maintain the landfill cap, failed to conduct environmental monitoring at the landfill. In addition, at the town's transfer station, MassDEP found improper management, improper handling of hazardous waste and lack of storm water controls. The town has agreed to correct the violations, establish systems for tracking and managing environmental compliance activities and conduct training for town employees.5/4/06


Date: 5/4/06
municipality: ['Boxborough']
Text:
  MassDEP entered into a Consent Order with a $55,000 Penalty involving Verc Enterprises and Pauleo LLC for Water Supply violations in Boxborough. Pauleo owns - and Verc operates - the gas station and convenience store located at 1425 Massachusetts Avenue in Boxborough where they operated an unregistered public water supply that served the gas station, convenience store and a Dunkin Donuts. Under today's Order, Pauleo/Verc have agreed to a schedule for the development of a new, compliant water supply source at the facility to meet regulatory requirements, including a comprehensive water testing and monitoring plan in order to allow use of the existing, non-compliant source during development of a new well. A portion of the Penalty, $41,250, will go towards a Supplemental Environmental Project (SEP) to help the town of Boxborough with locating and permitting a new municipal public water supply. The remaining $13,750 of the penalty will be paid to the Commonwealth of Massachusetts.5/3/06


Date: 5/2/06
municipality: ['Milton']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty regarding Johnstone Builders for Air Quality (Asbestos) violations in Milton. MassDEP determined the violation at the small business located at 256 Elliot Street in Milton during a response to a complaint from the Milton Building Department. Under MassDEP's small-business policy, $14,050 of the Penalty is suspended for one year.5/2/06


Date: 5/2/06
municipality: ['Westfield']
Text:
  The Division of Administrative Law Appeals (DALA) issued a recommended final decision in favor of MassDEP's Motion for Summary Decision. A Westfield property owner, Boisvere, has appealed a MassDEP order to cease and desist from using a septic system and to decommission the system. The Superior Court has already ruled in favor of MassDEP's summary judgment motion in a related case denying a tight tank permit for this site.5/2/06


Date: 5/1/06
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Motiva Enterprises, Inc. for Waste Site Cleanup violations in Framingham. Motiva owns the property at 846 Concord Street in Framingham where a failure to achieve a final cleanup outcome within a previously established deadline (per MassDEP's Order on 1/28/05). Now, in addition to the Penalty, today's Order establishes a new deadline to return the site to compliance with the submittal of final cleanup outcome no later than 6/29/07.


Date: 5/1/06
municipality: ['Wales']
Text:
  MassDEP issued a $1,500 Demand Letter to Brookside Village in Wales, for a previously suspended Penalty. Brookside violated an existing Consent Order it had entered into with MassDEP. Those violations were due to the discharge of water by Brookside from a water tanker to the wellhead and failure to secure the wellhead.


Date: 4/28/06
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $15,290 Penalty regarding Yola Esther Development LLC for Wetlands violations at a sub-division project in Pittsfield. The company had been penalized $2,600 for associated violations at the same site in 2003. The violations related to the construction of a road across a stream and associated bordering vegetated wetlands. In addition to the Penalty, the site must be restored.4/27/06


Date: 4/27/06
municipality: ['Gill']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving F. M. Kuzmeskus, Inc., of Gill. MassDEP inspected the company's Gill facility on 8/8/05 revealed that the company was discharging vehicle wash water to the ground, operating a motor vehicle fuel dispensing system that did not have the required vapor recovery and collection system, burning waste oil in a boiler, and additional hazardous waste management requirements (missing signs, labels on containers of waste oil, while not clearly delineating areas where containers of waste oil were being stored. The company initiated corrective action immediately after the inspection and cooperated to address the noncompliance issues at its facility. MassDEP agreed to suspend $3,000 of the Penalty if the company remains in compliance for one year.4/27/06


Date: 4/27/06
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $53,938 Penalty involving Charles Wilmot, a home improvement contractor, for Air Quality (Asbestos) violations at a work site in Worcester. Due to financial hardship information provided by Wilmot, MassDEP agreed to suspend the Penalty provided Wilmot remain in compliance with state's air regulations.4/27/06


Date: 4/27/06
municipality: ['Dudley']
Text:
  MassDEP entered into a Consent Order with a $19,312 Penalty regarding Dudley Services, Inc. of Southbridge for Air Quality (Asbestos) violations. In December of 2004, MassDEP personnel conducted an inspection of an asbestos removal project at the Harrington Hospital in Southbridge. MassDEP staff observed that the Dudley failed to submit notification of the asbestos removal they were conducting; failed to adequately seal the work area; failed to adequately wet asbestos waste material; and, failed to use the required air filtration equipment while conducting the asbestos removal. MassDEP suspended $16,311 of the Penalty based on the Company's satisfactory demonstration of the existence of financial hardship, and provided the company does not have asbestos violations for one year.4/27/06


Date: 4/26/06
municipality: ['Salisbury']
Text:
  MassDEP entered into a Consent Order with the town of Salisbury for Wetlands violations. MassDEP using aerial photography discovered the violations as part of the Wetland Change Project. The site of the violation is owned by the town and is contiguous to the old town landfill. Over many years, various parties have subjected the site to the deposit of junk and filling. This un-permitted activity resulted in 20,000 square feet of Bordering Vegetated Wetland (BVW) alteration. The Town agreed to complete restoration of the altered BVW and clean-up work. MassDEP agreed to suspend the entire Penalty upon the full compliance with the terms of the Order.4/25/06


Date: 4/25/06
municipality: []
Text:
  MassDEP issued a Demand Letter for $8,700 in Penalties to Yankee Environmental Services for violations at Salem High School. A 4/19/06 inspection by MassDEP at Salem High School (77 Wilson Avenue) found Environmental Services had commenced demolition of the exterior high school facade at the site prior to notifying the MassDEP as required.


Date: 4/25/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty regarding Chelmsford Water District for Water Supply violations. The District constructed a pipeline without approval to add more wells to a newly constructed water treatment facility. MassDEP agreed to suspend the Penalty provided the District comply with the Order.


Date: 4/24/06
municipality: ['Stoneham', 'Wakefield']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty involving Gerry Zingariello for Air Quality (Asbestos) violations on Common Street in Stoneham. Zingariello of Wakefield, was hired as a contractor and removed asbestos shingles and pipe insulation without notifying MassDEP. Under application of MassDEP's Small Business Policy $12,550 will be suspended for one year pending compliance.4/24/06


Date: 4/21/06
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty involving Gregory Cafua for Wetlands violations at 17 Prides Circle in Andover. Cafua, the owner of property in a residential subdivision currently under development in Andover, did cause to have altered and impaired approximately 725 square feet of Bordering Vegetated Wetland. The violations occurred as the result of new landscaping activities contracted by Cafua. This work was not approved by the subdivision. Cafua has agreed to the Penalty; to restore the wetlands; and to submit regular monitoring reports.


Date: 4/20/06
municipality: ['Sunderland']
Text:
  MassDEP issued a Unilateral Cease-and-Desist Order to Pond Ridge Condos in Sunderland due to Water Pollution Control violations. MassDEP inspected the site of the subsurface sewage disposal system in response to a complaint and found the system breaking out and discharging to a nearby pond. Today's Order, requires the cessation of discharge and submittal and completion of construction for upgrade and repair.


Date: 4/20/06
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Alliance Leather, Inc. for Air Quality violations at 58 Pulaski Street in Peabody. The company failed to file several compliance reports including the complete 2004 air emissions data. Alliance is a major source of volatile organic compounds and was issued a permit by MassDEP on 10/26/04. In addition to emissions data, Alliance also failed to submit an annual report outlining its progress toward implementing pollution prevention. Alliance has agreed to the Penalty and to file all the required reports as well as a corrected report on its 2004 emissions.


Date: 4/19/06
municipality: ['West Bridgewater']
Text:
  MassDEP assessed $35,000 in Stipulated Penalties involving J.P. Noonan Transportation, Inc. for Waste Site Cleanup violations in West Bridgewater. During the review of the company's application to renew its cleanup permit, it was determined that the extent of contamination was never defined (as required) in the Phase II Report. This violated a previous agreement with MassDEP that specifically called for the Stipulated Penalties.4/19/06


Date: 4/19/06
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with a $28,480 Penalty involving Holyoke Sanitary Landfill, Inc. for Solid Waste violations in Granby. The landfill was cited for multiple failures of its leachate control system. Although the leachate control system failures caused the local sewer system to surcharge, a release to the environment did not occur. As part of the settlement, Holyoke Sanitary landfill, Inc. is required to modify its leachate control system (including the provision of storage), and resolve a property line issue. MassDEP has agreed to suspend $3,480 provided compliance is maintained.4/18/06


Date: 4/18/06
municipality: ['Royalston']
Text:
  MassDEP issued a Boil Order to the Town of Royalston regarding Village/Raymond School due to coliform bacteria. The School is a private grammar school with approximately 60 students at an old public school building, which is leased from the Town. Bacteriological monitoring yielded results of total coliform and fecal coliform. The Facility is undertaking corrective actions. The school elected to provide bottled water to students following an earlier receipt of its lead and copper test results that showed an exceedence for lead, but the region has provided a pump and tank for temporary chlorination at the facility.


Date: 4/18/06
municipality: ['Oak Bluffs']
Text:
  MassDEP executed a Consent Order with RM Packer Company for Waste Site Cleanup violations at its former commercial property on Lake Avenue in Oak Bluffs. The company is the former owner of the property that in the late 1980s was listed as contaminated with oil. The company did not complete assessment and cleanup activities, which led to the issuance of a Notice of Noncompliance by MassDEP. As a result of today's Order the company admitted it could not meet its regulatory requirements, but agreed to new timelines for the completion of assessment and remediation of the site.


Date: 4/18/06
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $2,050 Penalty involving Bureau Veritas - Consumer Products Services for Hazardous Waste Management violations in Taunton. MassDEP conducted a multi-media inspection and determined the company was not registered as a generator of hazardous waste and had not been paying an annual compliance fee. In addition to the Penalty, the company has agreed to bring the facility into compliance.


Date: 4/14/06
municipality: ['Bourne', 'Lawrence']
Text:
  MassDEP issued a Unilateral Order and $26,100 Penalty Assessment Notice to SMS Environmental, Inc. for Air Quality (Asbestos) violations at Camp Edwards Military Base in Bourne. SMS Environmental, which is based in Lawrence, Mass, is required to remove and properly dispose of sixty bags of asbestos-containing material that had been left stored in a trailer on the base. SMS left the trailer at the Base as part of an asbestos removal action, but left the material in the trailer for approximately 9 months without proper disposal, or completion of the removal.


Date: 4/14/06
municipality: []
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty regarding Air Quality violations involving A.R. Sandri, Inc. in South Deerfield. MassDEP discovered the violations during an 8/18/05 inspection of the A.R. Sandri, Inc. motor vehicle fuel dispensing system installed at the Grybko and Son Company in South Deerfield. The inspection revealed that this motor vehicle fuel dispensing system did not have the required vapor balance, and vapor recovery and collection system as required. The company initiated corrective action by removing the fueling system. MassDEP agreed to suspend $4,000 of the Penalty pending full compliance with the Order.


Date: 4/14/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving Leonard T. Grybko & Son, Inc. for Air Quality, Hazardous Waste Management and Water Pollution Control violations in South Deerfield. The violations were discovered during MassDEP's inspection of the company's facility on 8/18/05 found the facility's garage floor drain discharged to the ground, that the motor vehicle fuel dispensing system, which was owned by A.R. Sandri and was being operated by Leonard T. Grybko & Son, Inc., did not have the required vapor balance, and vapor recovery and collection system. The facility was also not meeting hazardous waste management requirements for signage, labeling of drums, and delineation of a hazardous waste storage area. In addition, the generator failed to notify the MassDEP of its waste oil generation and of the use of a waste oil space heater at the facility. The company has initiated corrective action immediately after the inspection and cooperated with MassDEP to address the noncompliance issues. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance for one year.4/13/06


Date: 4/12/06
municipality: ['Great Barrington']
Text:
  MassDEP issued an Amendment to an existing Consent Order involving Berkshires Hills Regional School District - Monument Mountain High School in Great Barrington. The Amendment briefly extends the time required for the installation of a holding tank at the facility.4/12/06


Date: 4/12/06
municipality: ['Leominster']
Text:
  MassDEP issued a Unilateral Order to Margot Xarras, owner of a sit on Locke Drive in Leominster for Wetlands, Asbestos and Solid Waste violations. After receiving complaints from local officials and residents, MassDEP inspected the site and issued the Order to Xarras to cease-and-desist the filling and grading activity and to conduct assessment and cleanup in relation to the discovery of broken transite (asbestos-containing material) on the site. Assessment of the site will also need to address whether the site was used for illegal burying of waste, a concern expressed by the local officials.


Date: 4/10/06
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with an $11,275 Penalty involving Quest Diagnostics LLC, for Hazardous Waste Management and Air Quality violations at its Cambridge facility. Quest was acting out of status as a large quantity generator of hazardous waste and failing to pay proper compliance fee amounts dating back to 2002. Other violations found during MassDEP's multi-media inspection on 2/7/06 included failing to notify Mass DEP regarding hazardous-recycling activity; improper labeling of hazardous waste containers; violation of contingency plan requirements; and failure to maintain records on air emissions. The company has agreed to bring the facility into compliance.


Date: 4/10/06
municipality: []
Text:
  MassDEP issued an Amendment to an existing Consent Order involving Water Pollution Control violations at Granby Public Schools. The Amendment updates required actions at the Junior-Senior School to prevent un-permitted discharges to the ground.


Date: 4/10/06
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with an $11,275 Penalty involving Quest Diagnostics for Hazardous Waste Management violations at its facility in Cambridge. Quest had failed to change its status from a Small Quantity Generator to a Large Quantity Generator of hazardous waste. Quest also


Date: 4/7/06
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with $33,000 Penalty involving General Motors Corporation for Waste Site Cleanup violations at 63 Western Avenue in Framingham. The former owner, GMC, was cited for failure to submit reports within the deadlines established in a Notice of Noncompliance issued by MassDEP on 8/10/04. New deadlines have now been set, including a Phase II Report by 12/31/06 and, if applicable, a Phase III Remedial Action Plan by 6/15/07 final completion on or before 11/18/09. MassDEP agreed to suspend $16,500 of the Penalty pending compliance with the Order.


Date: 4/7/06
municipality: []
Text:
  MassDEP entered into a Consent Order with the Plainville Board of Water and Sewer Commissioners for Water Supply violations. The Turnpike Lake Water treatment facility was in non-compliance during Oct/Nov 2005 with the regulatory requirements for turbidity (cloudiness). Under today's Order, the system will undergo various reviews of operational practices and procedures, for the purpose of modifying and or developing new or improved standard operating procedures. The review is to ensure that all operating procedures will act to prevent similar violations from occurring in the future. The water supplier will also assess the filtration equipment to ensure that these treatment processes are being operated at optimum levels. The order requires training of personnel wherever necessary.


Date: 4/7/06
municipality: ['Winchester']
Text:
  MassDEP entered into a Consent Order with M.S.T., Incorporated for Waste Site Cleanup violations at its 641 Main Street in Winchester. Specifically, M.S.T. failed to submit phase reports and achieve a final outcome as required under the regulatory requirements. Previously, on 12/21/05, MassDEP issued a Notice of Noncompliance with deadlines that M.S.T. failed to meet. As a result of today's Order, M.S.T. has agreed to new deadlines and to return to compliance with completion of cleanup response no later than 9/30/07.and requirements concerning contamination at the site.


Date: 4/6/06
municipality: ['Littleton']
Text:
  MassDEP entered into a Consent Order with a $6,160 Penalty regarding Veryfine Products for Surface Water Discharge and Hazardous Waste Management violations in Littleton. MassDEP determined the company was violating its National Pollutant Discharge Elimination System permit by not reporting specific data required by the permit and did not sample storm water discharges for pH as required by the permit. In addition, the company generated and accumulated hazardous waste in excess of their registered generation status. In addition to the Penalty, the company has agreed to bring the facility into compliance.


Date: 4/6/06
municipality: ['Canton']
Text:
  MassDEP entered into a Consent Order with a $60,441 Penalty involving Safety-Kleen Systems, Inc. for Hazardous Waste Management violations at 960 Turnpike Street in Canton. Safety-Kleen Systems, Inc. was inspected as part of MassDEP's review of the company's application for a renewal of their hazardous waste recycling permit. The facility is a Class B (4) hazardous waste recycler that recovers silver from spent solutions and steel wool cartridges sent to it by printers, photo-processors, medical/dental facilities and imaging industry sources. The inspection revealed regulated recyclable material and hazardous waste management violations at the facility and significant failures on the part of Safety-Kleen Systems, Inc. to comply with its existing recycling permit. Under today's Order the company has agreed to properly manage regulated recyclable material and hazardous waste at the facility and to submit a new hazardous waste recycling permit renewal application to MassDEP. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 4/6/06
municipality: ['Acton']
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty involving Woodvale Condominium Trust for Drinking Water violations in Acton. The Trust failed to notify residents of exceedances for the uranium, and failed to take appropriate action to reduce uranium level in the water supply. In addition to the Penalty, the Trust agreed to a schedule for tie-in to the Acton Water District and decommissioning of the on-site water supply well. The Trust also agreed to install additional monitoring wells around its wastewater treatment plant to assess if an upgrade to that system is necessary.


Date: 4/5/06
municipality: ['Medford']
Text:
  The Massachusetts Superior Court ruled for the MassDEP in a motion for partial summary judgment in the Commonwealth of Massachusetts v. Eskanian. The Attorney General's office, on behalf of MassDEP, filed the motion in September of 2005. The Superior Court judge ruled that the defendant is "liable for each day he failed to submit a required form documenting cleanup efforts pursuant to G.L. c. 21E and the MCP." The Court also found the defendant "liable for each day he failed to submit the required annual compliance certification for the Stage II Systems pursuant to Mass Clean Air Act and regulations." Eskanian has failed to submit multiple reports for Waste Site Cleanup requirements at four gas stations (owned and/or operated by Eskanian) in Medford and Malden4/4/06


Date: 4/4/06
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to C.B. Blair Development for Wetlands violations in Charlton. MassDEP determined the company was working on the bank of Lambs Pond in Charlton without filing a Notice as required. The excavation at the bank near a dam caused the water level to drop in the Pond. Today's Order requires Blair Development to hire a Professional Engineer to direct immediate repairs to the Dam and to restore the normal water levels. There is potential for additional enforcement action by MassDEP.


Date: 4/4/06
municipality: ['Middleborough']
Text:
  MassDEP issued a Unilateral Order and $38,700 Penalty Assessment Notice to James H. Pollock, Jr., for Waste Site Cleanup violations at West Avenue in Middleborough. Previously, in January 2006, MassDEP issued Pollock Jr. a Notice of Noncompliance for failure to comply with the cleanup deadlines. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 4/3/06
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $966 Penalty involving Executive Auto Sales, Incorporated for Hazardous Waste Management violations at its facility in New Bedford. MassDEP determined during a multi-media inspection that the company's Mitsubishi dealership was acting as a generator of waste oil in amounts that violated its registered status. In addition to the Penalty, the company has agreed to bring the facility into compliance.


Date: 4/3/06
municipality: ['Brockton']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the city of Brockton relative to the Thatcher Street Landfill. Brockton is closing and capping the landfill pursuant to the Department's policy on accepting grading and shaping material for the closure of inactive, unlined landfills. The amendment extends the time to construct the final cover system, which will completed during the 2006 construction season.


Date: 4/3/06
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $17,900 Penalty involving Hoppy's Oil Service, Incorporated for Waste Site Cleanup violations at its 1200 Montello Street location in Brockton. The property served as bulk fuel oil storage depot during Hoppy's operation of the site. The site is currently being used as a used automobile sales facility, and there has been some discussion that the property may be sold and re-developed in the future to accommodate residential housing. MassDEP determined that Hoppy's had not progressed with cleanup at an appropriately pace with implementation of immediate response actions (IRA) necessary to eliminate and/or prevent the release of oil from the site from entering and/or migrating into the Salisbury Plain River. DEP also determined that Hoppy's pace for a complete assessment of the property was insufficient.Previously, on 5/26/05, MassDEP issued Hoppy's a Notice of Noncompliance. In addition to the Penalty, Hoppy's has now agreed to complete the assessment and to bring the site into compliance with cleanup deadlines.


Date: 4/3/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $12,560 Penalty involving Suffolk Construction, Incorporated for Air Quality (Asbestos) violation at 100 Norway Street in Boston. MassDEP (under the Self-Audit Policy) agreed to suspend $7600 of the Penalty after the violations were brought to light as a result of Suffolk's notifying MassDEP directly.


Date: 4/3/06
municipality: ['Bellingham']
Text:
  MassDEP executed a Consent Order with a $6,400 Penalty involving ConocoPhillips Company for Waste Site Cleanup violations in Bellingham, i.e. failure to operate a high-vacuum extraction system as it had agreed to do in August 2003. The company removed the treatment system in May 2005, but failed to terminate its agreement. In addition to the Penalty, ConocoPhillips is required to submit a Release Abatement Measure Plan and file a Response Action Outcome Statement by June 2007.


Date: 4/3/06
municipality: ['Bedford']
Text:
  MassDEP entered into a Consent Order with an $11,275 Penalty involving Toxikon for Hazardous Waste Management violations at its 15 Wiggins Avenue in Bedford. The company was operating out of status (generating large quantities of haz-waste but registered as a small quantity generator). In addition to the Penalty, the company agreed to bring the facility into compliance.


Date: 3/30/06
municipality: ['Orange']
Text:
  MassDEP entered into a Consent Order with Jumptown (a skydiving school) in Orange for Water Supply and Wastewater violations. Jumptown had sought and obtained local approvals for a well and septic system. Such approvals should have been secured through MassDEP. The new buildings had not opened, but today's Order provides for the connection of the facilities water to the municipal water system and limitations on the facility's operation that are consistent with septic system design flows with a schedule for upgrade of the septic system to allow for full use of the facility.3/30/06


Date: 3/30/06
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty involving the City of New Bedford for Solid Waste violations at the landfill. The city failed to collect environmental monitoring data at the capped landfill. The city is required to submit semi-annual groundwater, and quarterly landfill gas data during the 30-year post-closure monitoring period. The city will pay $1,750 of the Penalty and agreed to implement a Supplemental Environmental Project (SEP) for the remaining amount of $5,250. The SEP involves the planting of trees and shrubs in selected neighborhoods and parks within the City to enhance aesthetics and the environment in deserving communities


Date: 3/30/06
municipality: ['Wareham']
Text:
  MassDEP entered into a Consent Order with an $11,600 Penalty involving the Cape Cod Shipbuilding for Hazardous Waste and Air Quality violations in Wareham. A multi-media inspection by MassDEP revealed that Cape Cod Shipbuilding had accumulated greater than 1,000 kilograms (250 gallons) of hazardous waste onsite as allowed for as a Very Small Quantity Generator of hazardous waste, stored waste outside not on a impervious surface with no secondary containment and was mixing wastes together and allowing the waste to harden by evaporating the liquid waste all in violation of the hazardous waste regulations. The facility was also emitting greater than 1 ton per year of a non-criteria pollutant without a Mass DEP air permit and leaving containers of VOC material open when not in use. In addition to the Penalty, the company has agreed to develop and implement a Supplemental Environmental Project (SEP) with a total value of $8,700 within one year.


Date: 3/30/06
municipality: []
Text:
  MassDEP entered into Consent Agreement with a $1,000 Penalty regarding Berkshire Power Co., LLC, of Agawam for Air Quality violations. Excess emissions of carbon monoxide were self-reported by the company in a monthly monitoring report. The company has agreed to modify its procedures to ensure that similar incidents do not recur. In addition, Berkshire Power will contribute an additional $4,750 to the Pioneer Valley Planning Commission's Voluntary Vehicle Recycling Program that helps to remove abandoned vehicles.3/30/06


Date: 3/30/06
municipality: ['Saugus']
Text:
  MassDEP entered into a Consent Order with a $6,310 Penalty involving Pennzoil Express Oil Change for Air Quality and Hazardous Waste violations at its 481 Broadway Street facility in Saugus. MassDEP inspected the facility after observing two metal stacks at the facility and determining that MassDEP had no record of the facility. The inspection revealed that the facility was burning waste oil in a boiler (capacity of 700,000 BTU) an activity not allowed in Massachusetts. Additional waste oil and hazardous waste management violations were also observed. Pennzoil Express Oil Change has now agreed to discontinue the practice of burning waste oil in the boiler, and to fully comply with all appropriate regulations; in turn, MassDEP has agreed to suspend the entire Penalty through application of its Small Business Policy.


Date: 3/29/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,700 Penalty involving the Northfield Water District for Water Supply violations. The public water supply system failed to collect sufficient repeat bacteria samples following a detection of total coliform bacteria. The District will comply with the terms of the Order and MassDEP has agreed to suspend $850 of the Penalty.


Date: 3/29/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,750 Penalty involving L&M Auto, Inc. for Water Supply violations in East Otis. MassDEP determined that L&M Auto, d/b/a Papa's Healthy Food and Fuel, was operating its facility as a public water supply system without the proper prior registration. The Order requires specific actions by the owner; MassDEP has agreed to suspend $875 of the Penalty.


Date: 3/29/06
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with SunsTotal Systems, Inc., of 356 Bridge Street in Lowell for Waste Site Cleanup violations. Specifically, the violations were for failure to submit a Phase IV Report and a Response Action Outcome Statement to MassDEP within the deadlines established in a Notice of Noncompliance issued by MassDEP on 7/26/04. The company's submittal of an application for a permit extension establishes new deadlines and requires a permanent or temporary solution by 3/30/08.3/29/06


Date: 3/29/06
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty involving Four B Development Co. for Water Management Act violations in Belchertown. The company owns and operates the Cold Spring Golf Course where water from an irrigation pond was used in violation of its permit. The company failed to obtain an amendment to the permit and to conduct the required monitoring. MassDEP agreed to suspend $19,000 of the Penalty provided the company comply with the terms of the Order.


Date: 3/29/06
municipality: ['Chicopee']
Text:
  MassDEP was informed by the Massachusetts Office of Attorney General that a criminal conviction had been obtained in the John Sheedy case in Chicopee. Sheedy was found to be illegally removing friable asbestos insulation. MassDEP had inspected a rental property located in Chicopee, where it was found that during the removal of the asbestos insulation, dry asbestos waste was allowed to accumulate in and outside of the property, thereby allowing the tenants to be potentially exposed to the friable asbestos. Sheedy is required to pay a $7,500 Penalty.


Date: 3/28/06
municipality: ['Lee']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Patricia Armitage Transport Service, Inc. for Waste Site Cleanup violations in Lee. The New Hampshire-based trucking company failed to submit a Release Notification Form and Immediate Response Action Plan in connection with an accident involving one of its trucks on the Massachusetts Turnpike in Lee on 10/14/05. The accident resulted in a release of (est.) 100 gallons of diesel to the soil and drainage swale. Although the cleanup was completed shortly after the accident, the company failed to submit the appropriate documentation supporting that action and also failed to respond to MassDEP's Notice of Noncompliance issued on 12/28/2005. In addition to the Penalty, the company has agreed to comply fully with the requirements.


Date: 3/28/06
municipality: ['Millville']
Text:
  MassDEP issued a $66,208 Penalty Assessment Notice (PAN) to Mercury Homes, Inc for Hazardous Waste and Air Quality (Asbestos) violations in Millville. An inspection of a 2004 demolition project in Millville by MassDEP's Environmental Strike Force observed and identified pieces of dry, crushed, uncontained asbestos-containing siding and numerous drums, cans, containers and tanks of unmarked, improperly packaged hazardous waste at the site. After the company was notified of the violations by MassDEP, remedial work was conducted at the site and the proper removal and disposal of all asbestos waste occurred along with1,600 pounds of hazardous waste and 800 pounds of waste oil. The company, which is located in Harrisville, Rhode Island, was issued the PAN after repeated attempts to reach an agreement on a Penalty failed. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/28/06
municipality: ['Dennis']
Text:
  MassDEP entered into a Consent Order with Undercover Tent & Party, Inc. of Dennis for Water Pollution violations. MassDEP observed on 12/12/05, that personnel from the company, which provides tents and equipment for outdoor events, was discharging to the groundwater. Today's Order requires the company to discharge wash water to the existing holding tank. Additionally, a timeline was established for Undercover Tent & Party to submit the holding tank certification to the Department.


Date: 3/27/06
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with 7-Eleven, Inc. for Waste Site Cleanup violations in Quincy. The convenience store, located at 721 Hancock Street, failed to submit Phase II, III and IV reports and a Response Action Outcome (RAO), or, closure statement in accordance with deadlines established in the Massachusetts Contingency Plan and a Notice of Noncompliance issued by MassDEP previously. Today's Order establishes revised deadlines for 7-Eleven to submit the required reports and return to compliance or be subject to stipulated penalties.3/27/06


Date: 3/24/06
municipality: ['Shrewsbury', 'Westborough']
Text:
  MassDEP executed a Demand for Payment of $40,500 in Stipulated Penalties to Boston Hill Realty Trust for Water Pollution Control violations in Westborough. The Trust, which is located in Shrewsbury, allowed the unpermitted sewer construction activities in Westborough. MassDEP has also initiated collection procedures against the Trust for failure to pay the agreed civil penalty of $15,000 for previous violations.3/23/06


Date: 3/23/06
municipality: ['Dracut']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving Alec Szymanski for Wetlands violations in Dracut. The violations occurred at a residential property where removal of vegetation, and filling with gravel, stone and soils, resulted in approximately 10,000 square feet of alteration to wetland resource areas including Bordering Vegetated Wetland (BVW) and Bordering Land Subject to Flooding (BLSF). Szymanski also continued to work after being issued an Enforcement Order by the Dracut Conservation Commission requiring him to cease and desist activities affecting wetlands jurisdictional areas. Today's Order includes provisions for full restoration and monitoring of the altered wetlands; MassDEP has agreed to suspend $5,000 of the Penalty provided all terms of the Order are met.


Date: 3/23/06
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with Old Kerry Bottling Co. for Water Supply violations in Haverhill. Old Kerry Bottling Co was operating a water vending machine without approval from the Department. Old Kerry Bottling Co has agreed to follow the proper procedures for operating a water vending machine if they choose to open the machine in the future.3/23/06


Date: 3/22/06
municipality: []
Text:
  MassDEP issued a $11,500 Penalty Assessment Notice and Unilateral Administrative Order to David Kalinowski, Jr. for Wetlands violations in Greenfield. Kalinowski, d/b/a Kalinowski and Sons Firewood and Landscaping, is alleged to have removed vegetation from the Riverfront Area of the Green River. Kalinowski did not comply with the local enforcement order and subsequently failed to reach agreement on resolving the violations after meeting with MassDEP.


Date: 3/22/06
municipality: ['Lexington']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving the Massachusetts Highway Department (MHD) for Waste Site Cleanup violations in Lexington. MHD, which operates the Interstate Route 95(N) rest area in Lexington, failed on four separate occasions to achieve the required level of contaminant removal for a vapor-phase treatment system installed to address contamination of soil and groundwater. MassDEP agreed to suspend $4,265 of the Penalty pending compliance with the Order.3/22/06


Date: 3/21/06
municipality: ['Carver']
Text:
  MassDEP issued a Unilateral Administrative Order to Massasoit Environmental Services for Water Pollution and Air Quality violations at its facility in Carver. The company was ordered to stop accepting waste at the septage treatment plant, which was being operated by staff without the proper grade and without the operation of air quality controls. The inspection also revealed mishandling of solid and liquid wastes. The plant had been exceeding the discharge limits of its groundwater discharge permit. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/20/06
municipality: ['Salem']
Text:
  MassDEP executed a Consent Order with Jeffery Brothers Warehouse, Inc. for Waste Site Cleanup violations in Salem. The company, which owns the facility at 15 Broadway, failed to submit a Phase II Report, Phase III Report, and Phase IV Report to MassDEP within the deadlines established in a Notice of Noncompliance issued by DEP on 8/5/05. New deadlines have now been set in today's Order to return to compliance with the initial submittal of cleanup report by 6/1/06 and a Phase IV Remedy Implementation Plan no later than 12/1/06.


Date: 3/20/06
municipality: ['Acushnet']
Text:
  MassDEP entered into a Consent Order with the Town of Acushnet for Waste Site Cleanup violations. The town failed to comply with cleanup deadlines established for property at 14 Thomas Street. MassDEP had issued a Notice of Noncompliance pertaining to violations found during an Audit of the cleanup. The town was given a sixty-day deadline 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 tasks required to correct the violations.


Date: 3/20/06
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving East Broadway Development, LLC, for Water Pollution violations in Haverhill. The corporation, which is constructing Overlook Estates and Renaissance Golf Club on Seven Sister Road in Haverhill, began construction of sewer without a permit. The corporation had applied for a sewer connection permit but proceeded to construct the sewer and commenced discharge prior to issuance of the permit.


Date: 3/20/06
municipality: ['Auburn']
Text:
  MassDEP issued a Unilateral Administrative Order to Herb Chambers Hyundai for Wetlands violations in Auburn. The violations involve clear cutting shrubs and saplings in a wetland without a permit. Today's Order requires Herb Chambers to hire a wetlands specialist to quantify impacts and to develop a wetlands restoration plan. Penalties may be assessed as necessary.


Date: 3/20/06
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with the Gillett Family Nominee Trust for Solid Waste violations on Van Deusenville Road in Great Barrington. As part of the settlement, a notice will be placed on the deed for the property delineating the dumping ground and limiting use of the land in this vicinity.3/20/06


Date: 3/16/06
municipality: ['Burlington']
Text:
  MassDEP entered into a Consent Order with the Town of Burlington for Water Pollution Control regulations. Today's Order amends a prior Consent Order that lowers the infiltration/inflow (I/I) removal ratio for connections and extension to the sewer system from 10


Date: 3/15/06
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with Granby Schools for Water Supply violations in Granby. Today's Order concludes an agreement with the Granby School Committee to address repeated coliform bacteria detections in its public water system.3/14/06


Date: 3/13/06
municipality: ['Millbury']
Text:
  MassDEP issued a $56,937 Penalty Assessment Notice to Mason Construction, Inc. for Air Quality (Asbestos) violations in Milbury. The violations occurred at a demolition project that the company conducted at 133-135 Main Street in Millbury. The demolition took place across the street from the Millbury Jr-Sr High School. General Contractor, Ronald J. Henault of South Grafton, owner of the building at the time of the demolition, was also assessed a $56,937 penalty for the violations. MassDEP observed the structure, which was sided with asbestos containing shingles, was undergoing demolition without using any wetting methods to prevent emissions to the ambient air. Additionally, the Company pulverized the asbestos containing material by running over the demolition debris with an excavator to compact the waste. One shipment of asbestos containing waste was sent to an unapproved disposal site in Rhode Island. Both Penalties cited the failure to notify the Department involving asbestos-containing material; failure to seal the work area; failure to use air cleaning equipment; failure to properly wet, seal, and label asbestos waste materials; and, disposing of asbestos containing waste at an unapproved site. The Penalties were issued after numerous attempts to come to a negotiated settlement failed. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/10/06
municipality: ['Northbridge']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Whitinsville Water Company for Water Supply violations in Northbridge. The public water supply system failed to meet requirements relating to the construction of Hill Street Standpipe Tank. The Company has subsequently submitted all of the required permit application information and agreed to the penalty amount.


Date: 3/10/06
municipality: ['Wilmington']
Text:
  MassDEP entered into a Consent Order with a $43,000 Penalty involving Jimmy's Garage, Inc. for Waste Site Cleanup violations in Wilmington. The owner of 945 Main Street in Wilmington initially failed to comply with MassDEP's Notice of Noncompliance (NON), issued on August 16, 2002 requiring the submittal of Phased Cleanup Reports. That NON was followed up with an Administrative Consent Order (ACO) in March 2003, which re-established deadlines for submittal of Phase Reports. Jimmy's Garage then failed to comply with deadlines established in the ACO. New deadlines have now been established under today's Order with the first report due by 5/9/06 and subsequent reports due every six months until an IRA Completion Report is submitted. Deadlines were also established for submittal of a Permit Extension Application (5/9/06), the Phase IV Remedy Implementation Plan (3/10/07), and closure by 3/10/08. Pending compliance with the terms of the Order, MassDEP has agreed to suspend $25,500 of the Penalty.


Date: 3/7/06
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Riverwalk Place, LLC, for Waste Site Cleanup violations in Peabody. The corporation, which owns property at 166R Main Street, failed to submit Phase Reports and achieve a Response Action Outcome (RAO), or closure, within the deadlines established in a Notice of Noncompliance issued by DEP on 7/14/05. New deadlines have now been established to return to compliance with the submittal of an RAO by 9/1/07. MassDEP agreed to suspend $10,000 of the Penalty pending compliance.


Date: 3/2/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $19,079 Penalty involving Riccelli Enterprises Inc. for Hazardous Waste Management violations in Methuen. The company, which operates a repair facility at 109 Lindberg Avenue in Methuen for its trash hauling business. Department personnel conducted site inspections of the property and found mismanagement of hazardous waste and waste oil containers. The company has agreed to bring the facility into compliance; MassDEP has agreed to suspend the Penalty for one year pending demonstration of compliance.


Date: 3/2/06
municipality: ['Wilmington']
Text:
  MassDEP issued a $138,000 Penalty Assessment Notice to Mass Environmental Associates (MEA), Inc. for violations of a previous Consent Order (2/16/05) involving the closure of the (fmr) Spinazola landfill in Wilmington. The Demand for Stipulated Penalty resulted from MEA's failure to reinstate as required a Financial Assurance Mechanism (FAM) that would ensure Phase I closure activities at the landfill. MEA allowed the original surety bond for its FAM to expire.


Date: 3/1/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $11,070 Penalty involving Salas Auto Repair for Hazardous Waste Management violations in Methuen. The company, which operates the auto repair facility at 16 Lawrence Street, was operating as a Small Quantity Generator of Waste Oil and also is using a waste oil burner with out prior notification. Salas also had several Waste Oil management violations, noted during a joint inspection with the Methuen Fire Department. Salas has since registered with and notified the Department of its Waste Oil status and burner activities. MassDEP agreed to suspend the entire Penalty under the Department's Small Business Policy.3/1/06


Date: 3/1/06
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order the City of Boston for Waste Site Cleanup violations at Condor Street Park Project in East Boston. The city is the owner of a proposed park property on Condor Street in East Boston. The location of the park project is in noncompliance with deadlines for cleanup under Waste Site Cleanup Regulations. Today's Order establishes a compliance schedule for the submittal of a Response Action Outcome (RAO) by 2/28/07. No Penalty was assessed because the City of Boston consented to enter into today's Order prior to deadline established in a previously issued Notice of Noncompliance.3/1/06


Date: 3/1/06
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with a $3,395 Penalty regarding CR Machine Co., Inc., for Hazardous Waste Management violations in Billerica. Based on a review of the company's records, MassDEP found it was operating out-of-status due to the increased amount of hazardous waste generated at its facility on 13 Alexander Road in Billerica. Observations made during the initial inspection of the company indicate that changes in operations and implementation of waste reduction practices may allow the company to return to a Very Small Quantity Generator status. The company is pursuing that option with the Office of Technical Assistance. MassDEP agreed to suspend $1,150 of the Penalty pending compliance.


Date: 2/17/06
municipality: []
Text:
  MassDEP issued a Unilateral Order to Morse Sand & Gravel Corporation for discharging sediment to the Ten Mile River in violation of the Wetlands Protection Act. The discharge resulted from a significant pile of soil that was located within the riverfront area without proper sedimentation controls. The sediment was discharged during a rain event which resulted in the deposition of silt into a Bordering Vegetated Wetland (BVW), two hundred foot Riverfront Area to the Ten Mile River, and into the river. The Order requires that Morse cease and desist from the discharge of sediments to the river and immediately install erosion control barriers around the area. 


Date: 2/21/06
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with Corliss Development Group in Attleboro for failing to comply with deadlines established in a Notice of Noncompliance regarding a former Pride Ford Lot, on 68-76 West Street in Attleboro. MassDEP identified violations of the requirements applicable to the Activity & Use Limitation (AUL) instrument at the site. A sixty-day deadline was established for the correction of the AUL violations. Prior to the expiration of the deadline established, MassDEP received a request that five of the six violations do not require any further action, eliminating the need to terminate and re-execute a new AUL. None of the required actions stipulated by MassDEP, however, were completed. Today's Order now establishes a deadline for recording the necessary documentation required to correct the AUL violations. 


Date: 2/16/06
municipality: ['Auburn', 'Rutland']
Text:
  MassDEP executed a Consent Order with Rutland to address issues at the new elementary school, which is currently under construction. Elements of the sewer extension were already in place when MassDEP noticed the technical deficiencies to the application, thus triggering enforcement. As part of the Order, the town will address deficiencies in the design of the grease trap. There is a $2,800 penalty which is suspended under the Municipal Policy because the Town agreed to develop a pro-active protocol for reviewing future sewer extension applications to ensure compliance with MassDEP regulatory requirements and technical guidance. Despite the need for an Order, Town officials expressed appreciation to MassDEP for prompt resolution, which allowed the work at the school to continue.2/17, Auburn (CERO)


Date: 1/31/06
municipality: ['Somerset', 'Swansea']
Text:
  MassDEP entered into two (2) Consent Orders with $1,000 Penalty and a $14,000 Penalty involving Petro Technician, Inc. of Assonet for Waste Site Cleanup violations. The violations occurred at two sites. First, in Somerset at 266 Grand Army Highway, a vehicle accident (on 1/5/04) resulted in greater than 10 gallons of gasoline being released to the ground. Petro not only failed to submit information in a timely manner, but after MassDEP issued a Notice of Noncompliance in 8/05,Petro failed to conduct cleanup actions in accordance with the regulations and spelled out contained in the NON. The second Order involved their facility in Swansea at 2264 Grand Army Republic Highway. Environmental assessments of the property in 2003 identified oil contamination in soil and groundwater. Petro has not conducted any additional response actions at the site. In August 2005, the Department issued Petro an NON for failing to conduct cleanup actions, and Petro failed to comply with the deadlines contained in that NON as well. In addition to the two Penalties, Petro has agreed to bring the sites back into compliance.


Date: 1/31/06
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with an $180,000 Penalty regarding Belcher Foundry of Easton for Air Quality violations. The neighborhood surrounding the foundry had experienced foundry-related odors, noise, and dust. In addition to the Penalty, the company must meet the following requirements


Date: 1/30/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Amerigas Eagle Propane, LP, of Greenfield for Waste Site Cleanup violations, failing to immediately notify MassDEP of a release of up to 400 gallons of propane that occurred on 8/1/05. The release, which injured a worker, also resulted in closure of roads, evacuation of two neighboring businesses and up to 100 residences including a nearby nursing home. The Greenfield Fire Department used water streams to disperse the propane cloud, and was able to seal the valve. In addition to the Penalty, Amerigas has agreed to re-train its Massachusetts employees on proper response to releases of oil and hazardous materials; the company is a commercial propane company with facilities throughout Massachusetts.


Date: 1/30/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $28,100 Penalty regarding H & A Remodeling for Air Quality (Asbestos) violations. The violations were uncovered during inspection of a job site at Hillside Road in Watertown. MassDEP agreed to suspend $18,100 of the Penalty provided all terms of the Order are met over a period of one year.1/30/06


Date: 1/27/06
municipality: ['Fall River']
Text:
  MassDEP entered into Consent Order with a $1,000 Penalty regarding Fall River Ford, Incorporated of Fall River for Hazardous Waste violations. A multi-media inspection revealed that the facility was not registered with the Department as a generator of waste oil and hazardous waste. In addition to the Penalty, the company agreed to return its facility to compliance.


Date: 1/27/06
municipality: ['Attleboro']
Text:
  MassDEP executed a Consent Order with a $690 Penalty regarding Anderson Chrysler-Jeep of Attleboro for Hazardous Waste violations. A multi-media inspection revealed that Anderson Chrysler-Jeep was not registered with the Department as a generator of waste oil. The dealership was registered as a Very Small Quantity Generator (VSQG) of hazardous waste but was generating large amounts of waste oil, and therefore was acting-out-of-status.


Date: 1/27/06
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Berry Holding, LLC of Southwick for Waste Site Cleanup violations. The company, which owns property formerly known as Valley Gage Co., Inc. in Southwick, currently uses the site as an equipment storage facility. Berry Holdings had been issued a Notice of Noncompliance in July 2004 for not completing its established cleanup requirements, including the sampling of downgradient private water supply wells. MassDEP has agreed to suspend $4,000 of the Penalty pending Berry Holdings return to compliance.


Date: 1/27/06
municipality: ['Reading']
Text:
  MassDEP issued a $5,000 Penalty Assessment Notice Walkers Brook Landfill in Reading for Solid Waste violations, specifically altering the design of the drainage layer of the final cap. A review of the completed project by MassDEP found the changes, which had been made without approval. The project engineers developed an alternate design, and notified the Department of the need for the design modification. However, the plans and specifications for the change were never submitted for review before implemented.


Date: 1/27/06
municipality: ['New Ashford']
Text:
  MassDEP issued a Unilateral Administrative Order to Red Carpet Inn & Suites in New Ashford for Water Supply violations. Red Carpet, as a transient non-community public water system is required to install a disinfection system at the facility. Previously, the facility was issued a Boil Water Order, which remains in effect.


Date: 1/26/06
municipality: ['Westport']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty regarding The Smither Group of Westport. The Group functions as a small public water supply system, but failed to submit a Consumer Confidence Report (CCR) and Certification Form for calendar year 2004. The Smither Group did not comply with a Notice of Noncompliance dated 8/8/05 for the same violation. In addition to the Penalty, the company is now required to complete a CCR for the year 2004 and to remain in compliance.


Date: 1/26/06
municipality: ['Brimfield']
Text:
  MassDEP executed a Consent Order with Collins Apple Barn in Brimfield for Water Supply violations. As a transient non-community public water system, the Collins Apple Barn was required to register as a public water system, and has agreed to specific provisions for replacement of the current well.1/25/06


Date: 1/25/06
municipality: ['Beverly']
Text:
  MassDEP issued a Unilateral Administrative Order and a $30,000 Penalty Assessment Notice to General Aviation Services, Inc., 47 Henderson Road, Beverly, for Waste Site Cleanup violations. The company is operator of property located at 47 Henderson Road (Beverly Airport). Specifically, the violations were for failure to submit an Immediate Response Action (IRA) Status Report within timelines specified in the state regulations, and the company's failure to meet deadlines established in a previously-issued Notice of Noncompliance issued (6/20/05) by MassDEP. Today's Order requires the company to return to compliance and also pay the penalty within 60 days.


Date: 1/25/06
municipality: ['Chicopee', 'Holyoke', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Baystate Contracting Co. & Associated Building Wreckers for Asbestos violations at locations in Springfield, Chicopee, Agawam and Holyoke. In addition to the Penalty, both companies, which are owned by the same entity, have agreed to perform a $50,500 Supplemental Environmental Project (SEP). The SEP will support the City of Springfield's efforts to revitalize EJ areas of the City by abating the asbestos and demolishing 2 abandoned residential properties.1/24/06


Date: 1/24/06
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Lenox-Department of Public Works/Water Division for Water Supply violations. As a community public water system, the town has reported repeated total coliform bacteria violations. The water supplier noted that it has addressed the problem, but has agreed to additional measures if another violation occurs in 2006.


Date: 1/24/06
municipality: ['Harvard']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Williamson Environmental, LLC for Waste Site Cleanup violations in Palmer. Williamson, an environmental consulting and remediation company located in Harvard, Massachusetts, was cited for violating state regulations pertaining to cleanup of gasoline-contaminated soil and groundwater at a Palmer gasoline station. On May 6, 2005 and June 3, 2005, Williamson Environmental personnel operated a temporary soil/vapor extraction system at the property. The soil/vapor extraction system was operated for eight hours on both dates, and was used to extract gasoline vapors from contaminated soil and groundwater. On both dates, Williamson personnel failed to remove gasoline vapors from the air stream, in effect, discharging gasoline vapors directly to the atmosphere. Under state regulations, such discharges must be treated to prevent harmful emissions that may pose a fire and explosive hazard or potential environmental/health impact. Williamson has agreed to perform a Supplemental Environmental Project (SEP), namely to prepare and publish an outreach article for owners and operators of gasoline service stations in Massachusetts, and also distribute the article to Licensed Site Professionals, who are responsible for overseeing assessment and cleanup of releases of gasoline in Massachusetts. The article will highlight the need to treat air discharges from remediation systems and prevent direct discharge of gasoline vapors to the atmosphere. Additionally, Williamson Environmental re-trained its employees on requirements for operating remediation systems.1/24/06


Date: 1/23/06
municipality: []
Text:
  MassDEP issued a $31,720 Penalty Assessment Notice to North East Tank Technologies, LLC for Waste Site Cleanup violations at a property in Thorndike. NETT, is the US-based representative for Crown Tanks of Canada, LTD. MassDEP issued a Notice of Responsibility to NETT in 2002 for a release from an aboveground storage tank it sold in 2001 to a residence, located in Thorndike. NETT offered to conduct metallurgical testing on the tank to determine whether or not the tank was defective and provide the results to the Department. The results were never provided, and the Department has determined the testing was never performed. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 1/23/06
municipality: []
Text:
  MassDEP issued a $1,720 Penalty Assessment Notice to Atlantic Environmental Technologies, Inc. (AET) for Waste Site Cleanup violations, specifically for submitting false and misleading statements relative to an oil-tank release (see above) in Thorndike. AET submitted information on the oil tank structure that referenced metallurgical testing results and cited laboratory findings. When contacted, the laboratory denied the results. MassDEP provided another opportunity for the firm to provide the pertinent information and repeatedly promised the information was forthcoming, which has not been received. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 1/20/06
municipality: []
Text:
  MassDEP reached a Settlement Agreement of an Administrative Appeal and entered into a Administrative Consent Order with a $20,000 Penalty involving Leo Construction Co., Inc. for failing to respond to a Notice of Noncompliance. The Company failed to meet its Waste Site Cleanup deadlines MassDEP agreed to suspend $10,000 of the Penalty provided the company completes a Supplemental Environmental Project (SEP). Under the SEP, the company has agreed to assist in dredging of sediments of nearby Moriarty Pond.


Date: 1/20/06
municipality: ['Berkley']
Text:
  MassDEP issued a Unilateral Administrative Order to Saraceno Development LLC for Wetlands violations during construction of a residential subdivision in Berkley. An inspection found Saraceno allowed discharge of siltation to a Bordering Vegetated Wetland at various locations throughout the site. The siltation was caused by the lack of maintenance of erosion control barriers. This also violated the Berkley Conservation Commission's Order of Conditions issued for this development. Today's Order requires the violator to immediately cease and desist from any activity within jurisdiction of the Wetland Protection and immediately maintain all erosion control barriers at the site.


Date: 1/20/06
municipality: ['North Attleborough']
Text:
  MassDEP issued a Consent Order with a $6,250 Penalty to the Town of North Attleborough, Department of Public Works for violations of the Water Management Act. The Town's withdrawal from the Hillman Well exceeded the amount permitted. In addition, the town failed to conduct a leak detection and water audit survey every two years as required. A payment of $6,250 was waived in consideration of the Town's MassDEP agreed to suspend the Penalty pending the town's performance of a Supplemental Environmental Project (SEP) that will include the purchase and implementation of water billing software technology that will allow greater review and management of unaccounted-for water loss and will enhance water conservation measures.


Date: 1/20/06
municipality: ['Ipswich']
Text:
  MassDEP entered into a Consent Order with a $12,000 Penalty regarding Ipswich Municipal Electric Power Plant for Air Quality violations. During an unannounced inspection, the electricity-generating plant, located at 276 High Street, failed to produce on-site records to document compliance in violation of its Air Quality permit and state regulations for control of nitrogen oxide (NOx) emissions. Ipswich will henceforth comply with emission limits and purchase NOx "credits" to offset the excess NOx emissions caused by this violation. MassDEP agreed to suspend $9,250 of the Penalty pending compliance with the Order.


Date: 1/20/06
municipality: ['Saugus']
Text:
  MassDEP entered into a Consent Order with a $25,800 Penalty involving Sears Roebuck Co., Inc. for Waste Site Cleanup violations at its Saugus facility. Sears, failed to record an amendment to an Activity and Use Limitation. The Department agreed does suspend $21,800 of the Penalty pending compliance with the Order.


Date: 1/20/06
municipality: ['Westborough']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Boston Hill Realty for unpermitted sewer construction activities in Westborough. This includes installation of a pump station, which subsequently bypassed untreated sewage to local wetlands. Under the terms of the Order, the Trust agreed to phase out an unpermitted pump station at its Boston Hill development and to bring this property into full compliance with Department sewer maintenance and operation regulations.


Date: 1/19/06
municipality: ['Gardner']
Text:
  MassDEP entered into a Consent Order with a $5,375 Penalty involving S. Bernard Garbose for Waste Site Cleanup violations at the former Garbose Metal Recycling at 155 Mill Street in Gardner. Garbose failed to notify the Department of an Imminent Hazard; failed to conduct an Immediate Response Action (IRA); and, failed to meet Response Action Outcome (RAO) Performance Standards established for the location in 1996. Additional assessment detected PCB concentrations that required notification within 2 hours and fencing to address an Imminent Hazard. Fencing was only installed after an audit inspection by the state revealed access to the site had not - as required -been restricted.


Date: 1/19/06
municipality: []
Text:
  MassDEP issued a Unilateral Administrative Order to the Town of Greenfield for Water Pollution Control violations in connection with a discharge of sewerage from the Maple Brook sewer interceptor. In addition to the testing for the sewer interceptor, MassDEP located nearby an additional pipe which discharges to the brook. Both of these discharges are now part of follow-up enforcement action that is ongoing.1/19/06


Date: 1/18/06
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with Glen Mobile LLC for Waste Site Cleanup violations at 200 North Street in Danvers. The company failed to take timely response actions, including the submittal of a Response Action Outcome Statement.


Date: 1/17/06
municipality: ['Lawrence']
Text:
  Salem Superior Court issued a decision that was first investigated by MassDEP. Michael Theriault was sentenced to two years in the house of correction (suspended for two years) and two years of probation. Theriault pled guilty to illegal removal and disposal of asbestos from a Mill building located at 468 Canal Street in Lawrence. As a condition of the probation he is prohibited from working with asbestos and he must complete 200 hours of community service. The case was investigated by MassDEP and referred to the Attorney General's office for prosecution.1/13/06


Date: 1/13/06
municipality: ['Somerset']
Text:
  MassDEP issued a Unilateral Administrative Order and $31,720 Penalty Assessment Notice to Kevin's Auto of Somerset for Waste Site Cleanup violations. The company failed to conduct the required assessment and timely remediation of the site. Petroleum was released when a leaking underground storage tank was excavated in September 2002. MassDEP in February 2004 issued a Notice of Noncompliance to the property owner, but the property owner failed to address the contamination at the site.


Date: 1/13/06
municipality: ['Brockton']
Text:
  MassDEP issued a Unilateral Administrative Order to Eaton Mechanical, Inc. for Air Quality (Asbestos) violations at a Pearl Street residence in Middleboro. The company, which is based in Brockton, was ordered to cease and desist all asbestos removal activities. Company employees removed asbestos containing insulation from the heating system in the apartment building and dismantled the boiler as part of a boiler replacement project. Today's Order requires Eaton to seal the basement to prevent a release of asbestos fibers to the ambient air and to hire a licensed asbestos contractor to clean the basement of all remaining asbestos fibers and loose bulk asbestos debris.


Date: 1/13/06
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Paul K. Butt Builders, Inc. for Wetlands violations at 14 Bailey Road & Hay Bale Parish Subdivision in Andover. MassDEP inspected the project site and found the activities in non-compliance with six (6) conditions, including the un-permitted alteration of approximately 1,000 square feet of Bordering Vegetated Wetland (BVW). In addition to restoring the altered BVW, the developer is required to stabilize and repair the site; maintain erosion and sedimentation controls; re-evaluate stormwater control design; and, to fully comply with the Stormwater Policy (i.e. weekly environmental monitoring and monthly reporting).


Date: 1/12/06
municipality: ['Sudbury']
Text:
  MassDEP issued a Unilateral Administrative Order relative to Mahoney Farms, of Sudbury for Wetlands violations. After receiving a complaint, an inspection by MassDEP found that this subdivision site development was producing large quantities of turbid, silty stormwater runoff that was entering an off-site Bordering Vegetated Wetland (BVW) through a culvert under Nobscot Road. The development is permitted under a local Order of Conditions and local by-law. However, the local officials had issued an Enforcement Notice for violations of the local by-law permit conditions that did not result in a sufficient timely response to correct the violations. Today's Order was issued to Capital Group Properties LLC (developer), Grouse Hill LLC (property owner) and Brendon Homes, Inc. (general contractor) for the violations and their failure to maintain erosion controls or take appropriate precautions to prevent erosion and siltation from entering, altering and impairing BVW, and failure to comply with seven conditions previously established. Today's Order requires immediate site stabilization, a new comprehensive erosion control plan, evaluation and restoration of affected BVW, and, monitoring and reporting, all to be approved by, and in compliance with the conditions imposed by, the Sudbury Conservation Commission.1/12/06


Date: 1/12/06
municipality: []
Text:
  MassDEP and the Massachusetts Department of Conservation and Recreation issued a joint Unilateral Administrative Order to the Wachusetts Regional School District and TLT Construction for violations of the Wetlands, Clean Water and Watershed Management Acts. Inspections of the District's High School construction site in Rultand noted repeated failures to manage runoff. This actions follows an earlier Order (from November 2005) related to the violations, but now prohibits any additional site work until a completed Consent Order among all the parties can be negotiated and a fully engineered stormwater management plan is in place.1/12/06


Date: 1/11/06
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with Siasconset Water Department of Nantucket for failure to operate the public water system using a licensed primary and secondary operator, a violation of the Department's Drinking Water Regulations. The Order allows the system 30 days to provide a written staffing and comprehensive management plan for MassDEP approval.1/10/06


Date: 1/10/06
municipality: ['West Boylston']
Text:
  MassDEP entered into a Consent Order with a $2,300 Penalty regarding Baldarelli Brothers, Inc. of West Boylston for Hazardous Waste violations. On 9/8/05, MassDEP inspection revealed that the Company had not registered as a hazardous waste generator and failed to properly label their waste oil tank. In addition the company failed to mark and provide an impervious surface at the accumulation area, conduct weekly inspections and meet emergency planning and response requirements. The company has agreed to bring the facility into compliance.


Date: 1/10/06
municipality: ['Lawrence']
Text:
  MassDEP issued a $101,662.50 Penalty Assessment Notice to Richard Bass, the owner of a large mill complex at 468 Canal Street in Lawrence, for Air Quality (Asbestos) violations. An investigation determined that Michael Theriault, who had been hired by Bass to perform the illegal asbestos removal, removed asbestos waste from 468 Canal Street. Theriault subsequently dumped 50-70 bags of the waste generated at 90 Glenn Street in Lawrence. The dumped bags containing dry asbestos waste. That material has been repackaged, labeled, and properly disposed by a licensed asbestos removal contractor with MassDEP oversight. The basement of the 468 Canal Street was initially condemned by the Lawrence Board of Health at MassDEP's request in order to limit exposure to the commercial occupants of the building. A licensed asbestos removal contractor and asbestos consultant has since conducted the decontamination of the basement at 468 Canal Street.


Date: 1/10/06
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $23,000 Penalty involving Distrigas of Massachusetts LLC for Air Quality violations at its Liquid Natural Gas (LNG) storage and distribution facility in Everett. Distrigas reported a number of emission exceedences involving Nitrogen Oxides (or NOx) emissions. Four LNG vaporizers at the 18 Rover Street facility supply natural gas to the new, adjacent Mystic Station power plant--as required by the facility's permit. Today's Order requires that Distrigas replace the existing Parametric Emissions Monitoring System--which had resulted in a number of "false positives" in the elevated NOx readings--with a new federally-certified Continuous Emissions Monitoring System that will measure and record NOx, CO and NH3 emissions. MassDEP agreed that several mitigating circumstances allowed for the $23,000 Penalty to be suspended pending full compliance with the Order.


Date: 1/9/06
municipality: ['Boston']
Text:
  MassDEP issued a Unilateral Administrative Order and $30,000 Penalty Assessment Notice to Tropicana Realty Trust for Waste Site Cleanup violations. The Trust, which owns 3139 Washington Street in Boston/Jamaica Plain, failed to submit an Immediate Response Action (IRA) Plan and an IRA Status Report within the deadline established in a Notice of Noncompliance issued by MassDEP on 3/22/05. MassDEP had also entered into a Consent Order with the Trust on 10/13/05 that contained deadlines, which the Trust has failed to meet.


Date: 1/9/06
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving the Town of Braintree for Water Pollution Control violations. An inspection by MassDEP found a discharge from the Great Pond Water Treatment Plant to Great Pond. The discharge includes filter backwash water and clarifier water that contains suspended solids removed during the treatment process at the plant. In addition, the discharge contains chlorine and aluminum based flocculated material. The water is treated in a lagoon system that was not properly operated and maintained. Some of the lagoons had excessive residuals that had settled out of the water to the extent that cattails and other flora were well established growing out of the settled residuals. Today's Order requires the removal of the material and the proper future operation of the lagoons.1/9/06


Date: 1/5/06
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $32,000 Penalty involving Perino Realty Trust for Waste Site Cleanup violations. The company, which owns the property at 671 Concord Avenue in Cambridge, failed to submit timely reports on the cleanup of its property within the deadlines previously established in a DEP-issued Notice of Noncompliance dating back to 6/22/2004. Perino has now agreed to return to compliance and submit final response actions by 6/30/07, and MassDEP has agreed to suspend $20,000 of the Penalty if Perino complies.


Date: 1/4/06
municipality: ['Charlemont']
Text:
  MassDEP issued a Demand for Payment of a (suspended) Penalty to the Berkshire East Ski Area of Charlemont. Berkshire East failed to comply with a schedule for obtaining a Water Management Act permit. 1/3/06


Date: 1/4/06
municipality: ['Westford']
Text:
  MassDEP executed a Consent Order with a $6,325 Penalty involving Ryan Development LLC for Water Pollution Control violations at a development in Westford. The Company agreed to postpone further development at Primrose Plaza until it had improved the operation of its wastewater treatment and reuse system and comply with its groundwater discharge permit.


Date: 1/4/06
municipality: []
Text:
  MassDEP entered into a Consent Order with Stow Community Housing Corporation for Water Pollution Control violations. The Corporation agreed to an enforceable schedule to bring its failing large septic system at Pilot Grove Apartments into compliance with Title 5 regulations by 11/30/06. This Consent Order supersedes a 2003 Unilateral Order.


Date: 1/3/06
municipality: ['Lexington']
Text:
  MassDEP entered into a Consent Order with a $40,500 Penalty involving J. P. Carroll Company for Waste Site Cleanup violations. The company, which operates an auto-reclamation/junkyard facility at 31 Allen Street in Lexington agreed to complete cleanup and fully comply with hazardous waste management regulations. MassDEP agreed to suspend $18,000 of the Penalty provided the facility fully comply with all terms of today's Order.


Date: 1/3/06
municipality: ['Salisbury']
Text:
  MassDEP issued a Unilateral Administrative Order and $13,000 Penalty Assessment Notice to Richard Monahan for Wetlands violations at Salisbury Barrier Beach. Inspections determined that Monahan allowed construction of a solid structure patio and fence on a Coastal Dune and Barrier Beach at his property in Salisbury without a final Order of Conditions. Initially, when Monahan completed the work the local Salisbury Conservation Commission (SCC) issued an Enforcement Order and required him to file a Notice of Intent relative to the project. The local con-com subsequently denied the project and it was appealed to MassDEP. MassDEP denied the project and has now issued today's Orders after negotiations failed to resolve the removal of the structures and restoration through settlement. Today's Order requires removal of the patio and fence by 6/1/06, restoration and planting of the dune by 6/30/06, and, two years of monitoring and reporting. The Penalty is due by 1/24/06. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 12/31/07
municipality: ['Northampton']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with the City of Northampton for Water Supply violations. The Amendment allows a one-month extension to the existing Order, which requires the construction and operation of a water treatment plant in order to comply with the requirements of the Surface Water Treatment Rule. The plant's operation is also expected to reduce the creation of disinfection byproducts within the water distribution system. Today's Amendment specifically sets a new deadline of January 31, 2008 for the plant to be placed on-line.12/31/07


Date: 12/28/07
municipality: ['Leominster']
Text:
  MassDEP issued a Unilateral Order and $55,414.50 Penalty Assessment Notice (PAN) to Margot Xarras for Asbestos, Solid Waste and Wetlands violations on a site off Locke Road in Leominster. Xarras owns the property, where MassDEP identified eight specific violations including the open dumping of asbestos-containing waste and other material. The fill materials resulted in the alteration of wetlands (riverfront area and land subject to flooding). The site abuts the Nashua River, and all work was done without notification (a Notice of Intent) or approval/permits. The current Order contains fifteen corrective action items, and supplements an earlier Order that required specific immediate actions that need to be taken. MassDEP will follow today's Order and PAN with additional investigation, enforcement.12/27/07


Date: 12/27/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Rosalia Cefalu as Trustee of Solid Realty Trust for Waste Site Cleanup violations at 69-71 Proctor Street in Roxbury (Boston). The Trust failed to submit phase II and III within the deadlines established in a notice of noncompliance issued by MassDEP on 7/11/07. New deadlines have been established, including a final outcome no later than 1/3/10. MassDEP has agreed to suspend $22,500 of the Penalty pending compliance.


Date: 12/27/07
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with Anthony Cardone, the owner and operator of 178 Tremont Street in Somerville for Waste Site Cleanup violations. Specifically, the violations were for failure to submit cleanup reports and a final outcome statement within the deadlines. New deadlines have been established in the Order to return to compliance [phase II and III by 10/30/08; phase IV by 5/30/09 and final outcome or remedy status by 1/3/10]. In addition, Cardone agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.12/26/07


Date: 12/26/07
municipality: ['Andover']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving the Andover Village Improvement Society (AVIS) for Wetlands violations at its 6-10 Coventry Lane property in Andover. The property is part of the Amy Gordon Taft Reservation. The violation occurred from significant erosion at a stream culvert crossing, where AVIS members removed a beaver dam. The dam removal was performed after receiving an emergency permit from the Andover Board of Health. However, although the Conservation Commission agent was aware of the activity, AVIS did not request, or receive a WPA emergency permit from the Commission or take adequate precautions to protect adjacent wetland resource areas. The erosive forces within the stream at the culvert "blew out" the earthen cart path over the culvert producing sedimentation downstream and altering the hydrology to the wetlands upstream. Today's Order requires restoration at the culvert crossing including vegetation planting for stream bank stabilization and long-term monitoring. Also, AVIS is required to publish an article titled "Wetlands, Beavers and Permits" in it newsletter describing the event and the importance of the Wetlands Protection Act. Finally, the AVIS "Warden Protocol" will include revisions about educational information and instructions on how to respond to situations that occur in Wetlands jurisdiction. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance.


Date: 12/24/07
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with Lipton, Inc., for Waste Site Cleanup violations at its location in Pittsfield. Today's order supersedes a previous Order executed during May 2007. Today's Order establishes new timelines for submittal of a Phase IV (Final Inspection Report) and a completion statement (Response Action Outcome) as well as other response actions.12/21/07


Date: 12/21/07
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $2,300 Penalty regarding the Commonwealth New Bedford Energy Corp., LLC, for Hazardous Waste Management violations in Dartmouth. A multimedia inspection revealed the company had not complied with waste oil handling requirements and had exceeded the onsite accumulation time allowed for large quantity generators of waste oil. Today's Order ensures compliance with the regulations and the completion of a Supplemental Environmental Project (SEP).


Date: 12/20/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty regarding Dana Wallboard, Inc., for Water Supply violations at 6 Cummings Road in Tyngsboro. Specifically, the company constructed, operated and maintained a public water supply system without prior approval by MassDEP. Today's Order requires that the company's drivers and drivers' helpers to be notified that they can no longer use the facilities in the office, but rather they must use a newly installed portable sanitation device. By doing so, the company will no longer be operating a public water supply.


Date: 12/19/07
municipality: ['Williamstown']
Text:
  MassDEP issued a $2,875 Penalty and a Unilateral Order to Richmore, Inc. (d/b/a the 1896 House Restaurant) in Williamstown for Water Supply violations. The company, which operates as a Public Water System, was found to have bypassed its ultra-violet treatment in violation of a consent order, which had required the installation of the disinfection equipment. The bypass was discovered after the system was notified of a positive bacteria test. The order prohibits the bypass of the treatment system and requires modification of the system to provide a physical separation on the bypass line, which was originally installed to facilitate easier maintenance of the system. Today's Order also requires similar modifications at two other facilities owned by the corporation with similar designs.


Date: 12/19/07
municipality: ['Barre']
Text:
  MassDEP entered into a Consent Order with a $26,000 Penalty involving Resource Control Inc., in Barre. The company is the operator of the Barre landfill where an inspection by MassDEP in February 2007, confirmed odor complaints within the vicinity of the landfill. Problems were identified with the gas collection system as well as the gas flare. Today's Order requires the company to install a fail-safe system for the gas flare ignition system and daily inspections of the gas collection system. MassDEP has agreed to suspend $19,500 of the Penalty pending completion of a Supplemental Environmental Project (SEP). Under the SEP, the company will replace municipal park equipment in a nearby park with new equipment made of recycled materials.12/18/07


Date: 12/18/07
municipality: ['Marblehead']
Text:
  MassDEP executed a Consent Order with a $31,000 Penalty regarding the Essex Oil Company for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead. As the owner of the property, the company specifically failed to meet deadlines set out in a notice of noncompliance issued on 8/21/03. Today's Order requires a (Immediate Response Action) status report or completion statement by 1/31/08, followed by a phase I tier classification submittal by 3/30/08. MassDEP agreed to suspend $18,500 Penalty pending compliance. IN addition, the Order contains a stipulated penalty provision for any missed deadlines.12/18/07


Date: 12/18/07
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with Ribeiro Real Estate, LLC, for Waste Site Cleanup violations at 376 Nash Road in New Bedford. The LLC failed to comply with the deadlines established in a notice of noncompliance issued by MassDEP. However, prior to the expiration of that 60-day deadline, the LLC did request additional time to address the violations. Today's Order establishes new deadlines to correct the violations.


Date: 12/17/07
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding the city of Quincy for Waste Site Cleanup violations at 55 Sea Street. The city which owns and operates the property, failed to submit cleanup reports and a final cleanup action (Response Action Outcome) statement within the deadlines. New deadlines have now been set in the Order to return to compliance with the submittal of a phase II by 12/31/08; a phase III by 3/31/09; a phase IV by 9/30/09; a final outcome by 9/30/2010. The city agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order. MassDEP has agreed to suspend $7,500 of the Penalty pending compliance.


Date: 12/17/07
municipality: ['Needham']
Text:
  MassDEP entered into a Consent Order with Coca-Cola Enterprises Bottling Companies for Waste Site Cleanup violations at its 9 B Street facility in Needham. The current owner of the site failed to meet deadlines set out in a notice of noncompliance issued on 9/19/06. Today's Order requires a fain outcome by 10/31/08. The ACO contains a stipulated penalty provision for missing the deadline.


Date: 12/12/07
municipality: ['Marblehead']
Text:
  MassDEP issued a Notice of Noncompliance to the town of Marblehead for Water Quality violations at Stramski Beach in Marblehead. MassDEP, under its bacteria source-tracking program performed a series of site visits to sample and test water quality. The site is a bathing beach utilized by both young and old, and during the summer season there is a community boating program and an on-site summer camp at the beach for young children. An unnamed stream flowing through the site to the beach was sampled from an outfall of the piped stream coming from a residential subdivision. Several points along a 1,200-foot area in a stream leading to the beach were sampled. Consistent with prior years data collected by Salem Sound Coast watch, there were several exceedances of state water quality standards for bacteria. The Town must immediately investigate and address any possible up-stream sources of pollution and develop a water-quality monitoring plan to be reviewed and approved by MassDEP.12/12/07


Date: 12/11/07
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty regarding Ralph Shuster Metals for Waste Site Cleanup violations at 40 Forrest Street in Attleboro. The company failed to comply with the terms and conditions of an Activity and Use Limitation (AUL). Specifically, the AUL required that an access road must be paved within one year (of 12/30/05). At the time of site inspection at the property located at 40 Forrest Street, the AUL area was not paved. In addition to the Penalty, the company is required to conduct additional response actions at the site in order to come into compliance.


Date: 12/11/07
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $12,500 Penalty regarding Ted Ondrick Company, LLC, for Wetlands violations at 58 Industry Road in Chicopee. The LLC altered 7,800 square feet of riverfront area as well as additional loss or alteration of bordering vegetated wetlands and land subject to flooding as a result of expansion of the business without approval. The violation was discovered through comparison of aerial photographs. Ondrick is required to nominate an environmental consultant, submit a mitigation plan and implement the plan. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.


Date: 12/11/07
municipality: ['Boston', 'Everett']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Apple Tree D'Or, Inc., for Solid Waste and Wetlands violations at Morton Street in Boston. Specifically, the company accumulated trash, street litter and other debris without the proper permits, plans and the proper site assignment. Also, the company altered approximately 2,500 square feet of bordering vegetated wetland on their property. The solid waste material will be tested, and if below contaminated thresholds, sent to the Route 99 interchange in Everett (the Department of Conservation and Recreation has approved and will accept the material). The altered wetlands must be fully restored. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.


Date: 12/11/07
municipality: ['Ware']
Text:
  MassDEP issued a Unilateral Order to Hardwick Landfill, Inc. for Wetlands violations at the site in Ware. The company is required t to cease and desist further discharge of sediment into areas subject to protection in the Wetlands Protection Act and to stabilize the area to prevent further impacts. Erosion from an ongoing landfill-closure operation caused sandy material to flow into resource areas including riverfront area, bordering land subject to flooding, bank, and land under water. The company was advised that this matter is subject to additional investigation and potential penalties and remedial work.12/10/07


Date: 12/10/07
municipality: ['Springfield']
Text:
  MassDEP concluded a Consent Order with an $8,625 Penalty involving eco/Springfield, LLC, for Air Quality violations in Agawam. The company operates a waste-to-energy facility at 188 M Street. The violation (involving elevated mercury emission limits) was discovered during regularly scheduled emissions tests. The facility is required to conduct quarterly emissions tests for mercury and to comply with its mercury emission limit. The first quarter of 2006 contained one individual test run for which the result was abnormally high, causing the subsequent four-quarter rolling average for mercury emissions to exceed the allowable limit. This test failure was caused by a malfunction in the facility's carbon injection unit. Subsequent emissions testing have demonstrated full compliance with the facility's allowable limits.


Date: 12/10/07
municipality: ['Lawrence', 'Springfield']
Text:
  MassDEP entered into a Consent Order with an $18,000 Penalty regarding Belkis and Raphael DeLeon for Asbestos violations in Springfield. Belkis DeLeon of Methuen, Raphael DeLeon of Lawrence, violated state asbestos regulations at 25 Whittier Street, a rental property owned by Raphael DeLeon. Belkis DeLeon, Raphael's sister, directed the local manager of the property to hire someone to replace an asbestos-insulated boiler with a new boiler. Because the boiler was replaced without instituting the appropriate asbestos handling and disposal procedures, MassDEP found extensive asbestos contamination within the stairwell and basement of the building, as well as outside of the building and in the City's wheeled trash containers. At the MassDEP's directive, DeLeon retained a licensed asbestos abatement contractor to clean up the property. Stipulated penalties have been established if any further violations occur over the next two years.


Date: 12/10/07
municipality: ['Salisbury']
Text:
  MassDEP executed a Unilateral Order to William Eaton, Trustee of the 81 Rabbit Road Realty Trust in Salisbury for violations of the Wetland Protection Act including alteration of 2,500 square feet of Bordering Vegetated Wetland (BVW). In addition, the Trust failed to perform wetland restoration on the site and pay a penalty as agreed to in an earlier Consent Order (2/22/07). Today's Order establishes new deadlines for wetland resource area delineation, submittal and implementation of full BVW restoration plan and schedule, and, long term monitoring.12/10/07


Date: 12/7/07
municipality: ['Adams']
Text:
  MassDEP executed a Consent Order with a $10,300 Penalty regarding MacDermid Printing Solutions, LLC, for Waste Site Cleanup violations at 10 Harmony in Adams. The LLC was required, under an Activity Use and Limitation on the property, to maintain a protective cover over a part of the area to prevent direct contact with soil containing petroleum hydrocarbons. An audit inspection identified that a portion of the protective cover had been damaged, apparently during a spring rain event, exposing underlying soil and damaging a portion of a culvert containing Fisk Brook, which underlies the protective cover. Today's Order requires a plan, subject to MassDEP approval, to permanently repair the protective cover.


Date: 12/6/07
municipality: ['Wakefield']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving the National Water Main Cleaning Co. for Industrial Waste Water violations in Wakefield. The company is part of a nation-wide network of companies (Carylon Corp.) that provide municipalities with sanitary sewer lining and manhole rehabilitation services. The company was conducting manhole rehabilitation work in Wakefield when a National employee caused waste sewer lining concrete and concrete-laden wastewater to be discharged onto the bank and into a tributary to the Saugus River in Wakefield. The state's Environmental Strike Force investigated the violations. The company has now agreed to take immediate steps to prevent Industrial Wastewater from reaching surface waters of the Commonwealth. In addition, they must provide evidence that its employees have been trained in the proper management of waste material. The material in the Mill River will be cleaned in accordance with established procedure. MassDEP has agreed to suspend $10,000 of the Penalty pending compliance.


Date: 12/5/07
municipality: ['Oxford', 'Worcester']
Text:
  MassDEP has entered into a Consent Order with Shawn M. Renihan for Asbestos violations in Worcester. MassDEP observed the violations by Renihan of Oxford (d/b/a R&S Roofing) during a renovation project on Lafayette Street in Worcester. Dry, broken asbestos transite shingles had been improperly removed and then stored at the site. Today's Order requires future compliance with all applicable regulations at any future projects. Based upon a satisfactory demonstration of a financial hardship condition, the entire administrative penalty exposure was suspended for one year provided that no additional violations of the Order or other cited regulations occur.


Date: 12/5/07
municipality: ['Auburn', 'Oxford']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty regarding Dong Tien Huynh for Solid Waste violations in Oxford. MassDEP observed during a 6/27/07 inspection, that Huynh of Auburn (d/b/a Alec Huynh Landscaping) at property he owns on Southbridge Road in North Oxford was in violation due to construction and demolition materials had been disposed of at the site. The location is neither site-assigned nor permitted by MassDEP for such activity. The Order requires the proper removal of the materials from the site, the subsequent disposal of those materials at a licensed facility, and payment of the Penalty.


Date: 12/5/07
municipality: ['Grafton']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding John H. Magill for Solid Waste violations at his Providence Road property in Grafton. MassDEP found during a May 2007 inspection that waste asphalt materials had been stored and/or disposed of at the site, which was neither site-assigned nor permitted for such activity by MassDEP. A subsequent inspection conducted to verify the removal of that material revealed the presence of multiple piles of other construction and demolition materials at the site. In addition to the Penalty, today's Order requires the proper removal of all materials from the site and the subsequent disposal of those materials at a licensed facility.


Date: 12/5/07
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with the town of Hadley for Water Supply violations specifically, repeat detections of total coliform (bacteria) in its community public water system. The results of the detections in August and October meant that Hadley registered as significant noncompliance (as defined in Massachusetts requirements). Hadley will report on the cause of the incidents and will take required corrective actions.12/5/07


Date: 12/4/07
municipality: ['Boxford', 'Georgetown']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty regarding Patrick V. Marasco Jr., for Wetlands violations at 102 Baldpate Road in Boxford and 184 Nelson Street in Georgetown. The violations by Marasco were initially identified through aerial surveillance (Wetland Change Initiative). Upon inspection, MassDEP confirmed that approximately 8,276 square feet of bordering vegetated wetland had been altered by removal of trees, maintenance mowing and construction of a fence to enlarge an area for keeping three horses. Marasco had previously been issued a Unilateral Order along with a Penalty regarding these violations. Marasco did appeal nor meet the conditions specified. Instead, today's Order supersedes and resolves those previously issued actions. Under today's Order, Marasco is required to remove the fence, restore the entire altered area, conduct and submit long term restoration monitoring on both properties. MassDEP has agreed to suspend $13,000 of the Penalty pending full compliance with the Order by 10/31/12.


Date: 12/3/07
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Nissenbaum's Auto Parts, Inc., for Waste Site Cleanup violations at 480 Columbia Street in Somerville. As the owner and operator of the property Nissenbaum's failed to meet deadlines set out in a previous Consent Order dated 8/25/06 (along with later Amendments). Today's Order requires an status or completion statement by 12/30/07 and a final outcome by 6/1/09.IN addition to the Penalty, there is a provision for additional penalties if any deadlines are missed.


Date: 12/2/07
municipality: ['Rockport']
Text:
  MassDEP executed an Amendment to an existing Consent Order with a $2,000 Penalty involving the Estate of Charles N. Balestraci for Waste Site Cleanup violations at 6 Jewett Street in Rockport. The Estate is the current owner of the property and specifically, the Amendment extends the deadline for submittal of a phase IV and final outcome. The extension is based on the claim that groundwater samples are un-obtainable due to current drought conditions in the area. The Amendment requires a phase IV by 10/1/08 and either a phase V or final outcome for the site by 5/1/09.


Date: 11/30/07
municipality: []
Text:
  MassDEP executed a Consent Order with Chudy Oil Company, Inc, for Waste Site Cleanup violations at its Palmer facility. Gerald Chudy, as vice president of the company, agreed to the correct the violations that involved a failure to delineate the nature and extent of contamination, including the presence and distribution of non-aqueous phase liquids, the extent of contaminated soils, and the evaluation of potential vapor pathways. Today's Order establishes deadlines for performance of sub slab soil gas testing, quarterly groundwater gauging, soil tests, sampling of wells and a Stage I analysis of environmental risk to the Quabog River.


Date: 11/30/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $10,225 Penalty involving Lisa M. Pappalardo for Wetlands violations at 221 Tyler Street in Methuen. The violations were noted using aerial photography, and subsequently observed during a site inspection. The violations include filling and grading of 2,086 square feet of bordering vegetated wetland with wood chips up to 12 feet deep in some areas for horse paddocks. Pappalardo also constructed a 65 X120 indoor riding arena in the buffer zone. None of this work was authorized. Today's Order requires full restoration, long-term monitoring and reporting in addition to compliance with an approved operation and maintenance plan for the equestrian center business operations on the property. MassDEP has agreed to suspend $8,225 of the Penalty if the site remains in full compliance by 10/31/12.


Date: 11/29/07
municipality: ['Tewksbury']
Text:
  MassDEP issued a $25,795.50 Penalty Assessment and Unilateral Order to Killion Brothers Excavation Enterprises, Inc. for both Wetlands and Waste Site Cleanup violations at two locations, 35 Beech Street and 45 Idlewild Road in Tewksbury. The wetlands violations, including alteration of approximately 2,500 square feet of bordering vegetated wetland plus alteration to bordering land subject to flooding and riverfront area on his property at 35 Beech Street. The Waste Site Cleanup violations were noted on the property at 45 Idlewild Road. Today's Order requires appropriate clean-up actions to be taken, with necessary filings and submittals made to MassDEP. In addition, full restoration of the impacted area along with long-term monitoring will be required.11/29/07


Date: 11/29/07
municipality: ['Georgetown']
Text:
  MassDEP entered into an Amended Consent Order with a $5,000 Penalty for Waste Site Cleanup violations involving the former Tidd's Junkyard in Georgetown. Today's Order involves Georgetown West Realty Trust with Richard Morello and Jean Paquin as trustees. An earlier agreement (7/2/07) to cleanup the site resulted in a failure to comply with the deadlines. A modified Phase II and Phase III Reports and submittal of a permit extension application did not occur. Today's amended Order adds an additional $5,000 onto the existing penalty amount and extended the deadlines for submittal of Phase II through Phase IV reports.11/29/07


Date: 11/29/07
municipality: ['West Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Swan Cleaners, Inc., for dry-cleaning/Environmental Results Program violations at its West Bridgewater facility. The company has agreed to correct the violations that involved the discharge of wash water from a washing machine. MassDEP has agreed to suspend the Penalty pending compliance.


Date: 11/29/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $38,000 Penalty involving Rafic Saadi as Trustee of Tony and Son Real Estate Investment Trust for Waste Site Cleanup violations at 75 Swan Street in Methuen. Specifically, the violations involve the failure to submit cleanup reports on gasoline (petroleum) contamination identified at the property in 1997. The current owner purchased the property in 1999. The Trust has now agreed to new cleanup deadlines including completion of cleanup no later than 12/31/09. MassDEP has agreed to suspend $26,000 of the Penalty pending compliance.


Date: 11/28/07
municipality: ['Sheffield']
Text:
  MassDEP entered into a Consent Order with Berkshire School for Water Supply violations at its facility in Sheffield. The School, which functions as a public water system, has operated with a Declaration of Water Emergency following the failure of a well. The School has agreed to replace the well and will be adding backup storage to its system to be completed in 2008. While this work is underway, conservation measures will be undertaken.11/28/07


Date: 11/28/07
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving the city of Springfield/Roger Putnam Vocational High School for Waste Site Cleanup violations at the facility in Springfield. The city failed to provide timely notification of a release of #6 fuel oil at the Putnam Vocational High School. The City had received information (an environmental assessment report) in October 1999 regarding the presence of oil contamination in soil at the school exceeding reportable concentrations. In addition to the Penalty, the city has agreed to review its files to verify that no additional release conditions for which notification has not been provided exist, and implement a system to track environmental compliance for all its facilities.11/27/07


Date: 11/27/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $33,000 Penalty involving Waste Site Cleanup violations at 19-21 Haverhill Street Realty Trust in Methuen. Carlos Fakhri as trustee, failed to meet deadlines set out in a Notice of Noncompliance issued on 12/13/06. Today's Order requires a tier II extension submittal by 11/30/07, an immediate response action plan by 12/30/07, a phase II report by 8/30/08, a phase III report by 11/30/08, a phase IV report by 2/28/09 and a final outcome statement no later than 8/30/09. MassDEP has agreed to suspend $25,500 of the Penalty pending compliance.


Date: 11/27/07
municipality: ['Walpole']
Text:
  MassDEP entered into a Consent Order with a $6,037 Penalty involving Hollingsworth + Vose for Solid Waste violations at its facility in Walpole. Specifically, the company was in violation due to the Land Application of Sludge and Septage. A multi-media inspection revealed that Hollingsworth + Vose of Walpole failed to receive approval from MassDEP prior to the composting and reuse/distribution of the short-paper fiber-waste material that was being composted at the Lorusso Corporation facility. In addition to the Penalty, the company agreed to cease the transfer of the short paper fiber waste material to any facility for composting or beneficial use until such time that the facility obtains approval.


Date: 11/27/07
municipality: ['Norwell']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Norwell Cleaners Inc for Environmental Results Program violations in Norwell. The company has agreed to correct the violations that involved the discharge of wash water from a washing machine. MassDEP has agreed to suspend the Penalty pending compliance.


Date: 11/26/07
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Waverly Oaks Golf Club, Inc for Water Management Act violations at its location in Plymouth. The club failed to obtain a Water Management Act Permit for the withdrawal of water in excess of the threshold volume. Waverly Oaks operates a 27-hole public golf course at 444 Long Pond Road in Plymouth. In addition to the Penalty, Waverly Oaks agreed to reduce withdrawal amounts to below threshold, pending the outcome of the permit application process. If the Department denies Waverly Oaks a permit, the club shall submit a report to MassDEP of measures to be taken to ensure that the withdrawal is maintained below the permit threshold.


Date: 11/20/07
municipality: ['Shirley']
Text:
  MassDEP entered into a Consent Order with a $47,412 Penalty involving Anthony and Joanne Gendron for Asbestos violations in Shirley. MassDEP noted the violations during the removal of asbestos exterior siding. MassDEP inspected the site, as a result of a complaint, and found that Gendron improperly removed the asbestos containing siding, without notification to MassDEP, and disposed of the dry, broken, uncontained asbestos waste materials at an abandoned building next door to this work site MassDEP has agreed to suspend the entire Penalty pending a demonstrated financial hardship, and provided there are no further violations within a year.


Date: 11/20/07
municipality: ['Acton']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty regarding the North Acton Treatment Corporation (NATC) for Water Pollution Control violations involving its wastewater collection and treatment system at Nagog Park Development in Acton. Monitoring reports submitted on behalf of NATC reveal that there were repeated effluent and flow limit violations, due in part to excessive infiltration and inflow into the NATC sewer system. In March, 2007, MassDEP issued a Unilateral Order to NATC in response to sewer overflows at its pump stations. The Order required NATC to conduct daily inspections of the pump stations and take immediate corrective action to prevent further overflows. Under the terms of today's Order NATC will now upgrade its facility, repair the pump stations and remove inflow and infiltration entering the sewer system. In addition to the Penalty and the corrective steps, NATC will conduct a Supplemental Environmental Project that will educate users of public and private sewer systems in Acton. The project will help to address a number of operational and maintenance issues. This enforcement action ensures that 200,000 gallons per day of wastewater will be properly treated.


Date: 11/20/07
municipality: ['Millbury', 'Richmond']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Estes Express Lines for Waste Site Cleanup violations in Millbury. The company - which is based in Richmond, Virginia - failed to notify MassDEP of a sudden release of diesel fuel within 2 hours and failed to perform a timely Immediate Response Action. The release occurred at the company's facility in Millbury and resulted from a leaking diesel saddle tank. Diesel fuel flowed onto the pavement and into a storm drain and traveled to a retention pond and a second pond. In addition to the Penalty, Estes has agreed to train its drivers and dispatchers on release notification and to install spill response kits in its vehicles and at its facilities.11/20/07


Date: 11/20/07
municipality: ['North Andover', 'Saugus']
Text:
  MassDEP signed Settlement Agreements with Wheelabrator Saugus, J.V. and Wheelabrator North Andover Inc., whose representatives had signed on 11/16/07. The Agreements concern Wheelabrator's municipal waste combustor facilities in North Andover and Saugus. In December 2004 MassDEP issued operating permits for each facility. In January 2005, Wheelabrator appealed both. Subsequently, the parties engaged in lengthy settlement discussions, culminating in MassDEP's proposal to revise several terms in each permit. Both parties agreed that those revisions would resolve the issued raised in Wheelabrator's appeal and final permits were issued (10/19/07) that supersede previously -issued permits.


Date: 11/20/07
municipality: ['Cohasset']
Text:
  MassDEP entered into a Consent Order with Avalon Cohasset Incorporated for Waste Site Cleanup violations at 155 King Street in Cohasset, specifically the failure to comply with the deadlines established in a Notice of Noncompliance (NON). MassDEP identified violations (Class II) of the requirements associated with a Response Action Outcome (RAO) Statement at the site as a result of a comprehensive audit. A 60-day deadline was established for the correction. While a request for an extension was received prior to the expiration of the deadline, today's Order establishes written deadlines to correct the violations.


Date: 11/19/07
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $3,500 Penalty involving R.M. Sullivan Transportation, Inc for Waste Site Cleanup violations in Springfield. The company is the operator of the Sulco Public Warehouse in Springfield. The operator failed to properly notify MassDEP of a release of up to 50 gallons of diesel fuel that occurred at the company's warehouse property at 9


Date: 11/19/07
municipality: ['Belchertown']
Text:
  MassDEP terminated the Declaration of Water Emergency and Boil Order for Pine Valley Plantation Mobile Home Park in Belchertown. The Boil Order for this facility - a Mobile Home Park for ages 55 and older - following the repair of several breaks in its distribution system and clean bacteria samples. MassDEP will continue to review additional bacteria results and provide on-site assistance to the Park in dealing with the loss of its drinking water. Also, MassDEP will work to assist in locating chlorine, and disinfecting and chlorinating the storage tank to get the system back on line.11/17/07


Date: 11/16/07
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with Lifoam Industries, LLC, for Air Quality violations at its facility at 2 Fifth Street in Peabody. The company manufactures expandable polystyrene foam products and on 11/9/07 a Lifoam representative contacted MassDEP and reported that an integral part of the facility's volatile organic compounds (VOC) air pollution control device (APCD) failed earlier that day. Lifoam then immediately ceased manufacturing operations. Additional information provided to MassDEP indicated that the repairs to the APCD would take no longer than 30 days to complete. Also, that a conservative estimate indicates that no more than 6 tons of uncontrolled VOC will be emitted during the repair period. Today's Order allows Lifoam to temporarily commence manufacturing operations, provided Lifoam uses best practices to minimize VOC emissions, maintain a record of all VOCs emitted during the repair period on-site and purchase, utilize and/or relinquish all VOC emission reduction credits sufficient to address the situation (on a one-for-one basis rounded to the next highest whole number); and, to balance off all excess VOC emissions, within sixty days of today.11/15/07


Date: 11/15/07
municipality: ['Norwell']
Text:
  MassDEP entered into a Consent Order with John Dallas, Inc [d.b.a. Fabricare House] for Waste Site Cleanup violations at 32 Pond Street in Norwell. Previously, on 9/26/03, MassDEP received a report that stated a remedy status had been achieved and a remedial system would be relied on to provide active operation and maintenance for the purpose of achieving a permanent solution. Since then, a database review by MassDEP indicated that no subsequent submittals have been made regarding the site, and on 4/12/07, MassDEP issued the violator a Notice of Noncompliance establishing a deadline for either affirming that status or providing final closure if applicable. Today's Order establishes a deadline of 2/1/08 for violations to be corrected.


Date: 11/14/07
municipality: ['Sterling']
Text:
  MassDEP entered into a Consent Order with Sterling Nursery School, Inc., for Water Supply violations in Sterling. The School was serving as an unapproved public water supply. Today's Order establishes an enforceable schedule for development of an approved non-transient, non-community public water supply system for this facility. Today's Order requires the owners to operate the on-site well in accordance with the requirements for a public water supplier and complete required upgrades to the well to maintain the safety of the supply. Given site conditions, the owners agree not to increase water usage beyond 1,200 gallons per day. All told, the actions taken will ensure that the 80 students and staff will continue to receive a safe water supply.


Date: 11/14/07
municipality: ['Northborough']
Text:
  MassDEP entered into a Consent Order with Brendon Properties Two, LL for Water Pollution Control violations in Northborough. Today's Order modifies the conditions of a previously issued sewer extension permit held by the LLC. The modifications establish an enforceable arrangement for phased development of a commercial/residential complex near route 20 known as the Loop. Each phase of development, henceforth, shall correspond to the removal of infiltration and Inflow (I/I) from the Northborough sewer system, i.e. 140,000 gallons per day of I/I will be removed from the system through this process.


Date: 11/14/07
municipality: ['Pepperell']
Text:
  MassDEP entered into a Consent Order with a $1,600 Penalty involving Community Garage and Autobody, Inc., for Air Quality (Stage II Vapor Recovery) violations in Pepperell. During a recent inspection, MassDEP determined that the company failed to perform timely in-use compliance tests on its vapor recovery system and failed to have a current record of all persons trained to operate the system. In addition to the Penalty, the company has agreed to correct all violations.


Date: 11/14/07
municipality: ['Charlton']
Text:
  MassDEP executed a Consent Order with a $29,898 Penalty involving Incom, Inc., for Hazardous Waste and Toxics Use Reduction Act violations in Charlton. The company was found to be treating (evaporating) hazardous waste, accumulating hazardous waste in excess of time limits and failing to have complete hazardous waste training and contingency plans. In addition, the company failed to complete a Toxics Use Reduction plan. Today's Order requires the company to maintain compliance with applicable regulations. MassDEP has agreed to suspend $7,498 of the Penalty pending implementation of an Environmental Management System. The action ensures that the company (a Large Quantity Generator) will properly manage its materials and waste and comply with all applicable regulations.


Date: 11/14/07
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving 89 Commercial Road LLC, for Solid Waste violations at its Leominster property. During a May, 2007 inspection, MassDEP personnel observed the presence of crushed concrete, which had been crushed following demolition of a building on the site. The LLC has agreed to cease these activities, conduct concrete sampling and lead testing and provide MassDEP with documentation.


Date: 11/14/07
municipality: ['Mansfield']
Text:
  MassDEP entered into a Consent Order with Mansfield Housing Authority (MHA) for Waste Site Cleanup violations at 15 Park Street in Mansfield. The MHA is a governmental entity under the purview of the Massachusetts Department of Housing & Community Development. The MHA failed to comply with the deadlines established in a Notice of Noncompliance related to cleanup of the property. After MassDEP audit of the cleanup, a 60-day deadline was established for correction of the violations. Prior to the expiration of the deadline, MassDEP received a request from the MHA for additional time. Today's Order establishes new deadlines to correct the violations.


Date: 11/13/07
municipality: ['Belchertown']
Text:
  MassDEP issued a Boil Water Order to Pine Valley Mobile Home Park in Belchertown. MassDEP issued the Order due to negative pressure in the Park's distribution system. As of 11/14, the Park had water in its system and is working to keep pressures up, adding chlorine and sampling.


Date: 11/13/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty regarding CIP Hyannis, LLC for Air Quality violations at 350 Stevens Street in Hyannis. The company failed to submit within 10 days prior to the demolition operation to MassDEP for demolition of a commercial building containing friable asbestos material (pipe insulation). The commercial building was located at 350 Stevens Street in Hyannis and was demolished as part of a new mixed-use commercial and residential development project.


Date: 11/13/07
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $750 Penalty involving RMD Drywall for Water Pollution Control violations in Springfield. The company manufactures drywall sheets and was found to be discharging drywall wash water residues to a storm drain. In addition to the Penalty, the company has agreed to cease such discharges.


Date: 11/9/07
municipality: ['Brookline']
Text:
  MassDEP has entered into a Consent Order with Wheelock College for Waste Site Cleanup violations at 43 Hawes Street in Brookline. The College failed to submit cleanup reports on a petroleum release from 3/12/ 02. MassDEP issued a notice of noncompliance to the College on 5/8/07. Today's Order will lead to the cleanup of petroleum-contaminated groundwater and soil emanating from the removal of several underground storage tanks.11/9/07


Date: 11/9/07
municipality: ['Boston']
Text:
  MassDEP entered into an Amended Consent Order with Rugg Road Realty Trust, the owner of the former "Albany Carpet Cleaners" site, 20-32 Rugg Road in Allston (Boston). The company agreed - in this, the third Amendment to the existing Administrative Consent Order for the site - to certain extended deadlines for cleanup reports. MassDEP granted the deadline extensions based on progress in abating indoor-air hazards, and provided there are no changes to deadlines for submittal of final outcome actions. Rugg Road Realty Trust must continue the Immediate Response Actions and other cleanup work at the site, and is still required to attain a (final) Response Action Outcome or a Remedy Operation Status by 5/30/08 for all but one of the site's releases. The timeline for the remaining release will also become enforceable if the IRA for this release is not completed by 5/12/08. The 20-32 Rugg Road property encompasses several inter-connected buildings with multiple tenant spaces, including limited residential usage.11/9/07


Date: 11/7/07
municipality: ['Hingham']
Text:
  MassDEP entered into a Consent Order with the Town of Hingham for Water Management Act violations at its South Shore Country Club. The club failed to obtain a Water Management Act Permit for the withdrawal of water in excess of the threshold volume. The Town of Hingham operates South Shore Country Club, an 18-hole municipal golf course at 274 South Street. Under today's Order, the club is required to file appropriate permit application material within ninety days.11/7/07


Date: 11/7/07
municipality: ['Southampton']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Jim Boyle Construction for Wetlands violations in Southampton. Boyle Construction violated its Superseding Order of Conditions (SOC) for a residential subdivision. Hay bales surrounding a bridge crossing had not been properly maintained and Boyle was working in the Riverfront Area without the required compliance monitor. No evidence of impacts to resource areas were observed as a result of the violations. A follow up inspection a few days later showed the hay bales to have been replaced and the compliance monitor on-duty.


Date: 11/7/07
municipality: ['Uxbridge']
Text:
  MassDEP issued a Notice of Intent to Assess an Administrative Penalty of $80,586 to Harold B. Wassenar for Hazardous and Solid Waste Management violations in Uxbridge on his 100+ acre property located off Route 122 [see next item].


Date: 11/6/07
municipality: ['Uxbridge']
Text:
  MassDEP issued a Unilateral Order to Harold B. Wassenar for Hazardous and Solid Waste Management violations in Uxbridge on his 100+ acre property located off Route 122. A multi-media inspection by MassDEP initially conducted under an administrative warrant in November of 2005, coupled with the results of a subsequent November 2006 re-inspection disclosed a total of 28 Hazardous Waste Management and Solid Waste Management violations. Today's Order requires Wassenar to immediately cease receiving or transporting any hazardous and/or solid waste materials from the site; retain a licensed hazardous waste transporter to characterize all waste materials; and, then transport those wastes to a licensed facility within 30 days. Additionally, Wassenar must retain a Massachusetts registered Professional Engineer to prepare an evaluation of all solid waste materials and impacts at the site and submit to the Department a plan of corrective actions for approval, and within 60 days of receiving that approval, remove all solid waste materials to a licensed facility.


Date: 11/6/07
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order Fire District #2 for Water Supply violations in South Hadley. The District exceeded maximum contaminant level for total coliform bacteria in September 2007. This public water supplier is a significant non-complier as a result of the September 2007 exceedance and previous exceedances in late 2006. The District must submit a report detailing the likely cause and its proposal for preventing further detections. The most recent problem was isolated to an occurrence at a greenhouse building connected to the distribution system.11/6/07


Date: 11/6/07
municipality: ['Waltham']
Text:
  MassDEP executed a Consent Order with $30,000 Penalty involving Albert V. Haytayan as Trustee of Viken's Real Estate Trust for Waste Site Cleanup violations at 14 Elm Street in Waltham. Specifically, the violations were for failure meet deadlines set out in a MassDEP notice of noncompliance issued on 6/9/04. Under today's Order the Trust is required to submit an immediate response action plan by 12/30/07; and, a phase I report and tier classification by 6/30/08. MassDEP has agreed to suspend $20,000 of the Penalty pending full compliance. Today's Order also contains a provision for stipulated penalties in the event of missed deadlines.


Date: 11/5/07
municipality: ['Harwich']
Text:
  MassDEP entered into a Consent Order with the Wequassett Inn regarding Water Pollution Control violations at its facility in Harwich. Today's Order allows a limited number of additional hotel (rental) units prior to the construction of a wastewater treatment facility, while ensuring a strict timeline of 2009 for completion of the facility. The Inn is a resort and golf club located on Pleasant Bay in Harwich and has recently received federal (EPA) approval for its nitrogen discharge limits. The Inn is allowed a modest expansion, but is now required to obtain a groundwater discharge permit (for septic systems). The agreement allows the Inn limited expansion during 2008 season but with the provision that it must have the wastewater facility operational by 2009. At that time, the facility will be treating sewage to a much cleaner and higher degree thus significantly reducing pollutant loads to Pleasant Bay.


Date: 11/2/07
municipality: ['Otis']
Text:
  MassDEP executed a Consent Order with Richard O'Neil and Carol Gilmour for Wetlands violations in Otis. Today's Order resolves the improper installation of a culvert at their property by a prior owner. While the prior owner obtained approval to install a culvert, a longer culvert was installed. This resulted in more substantial land under wetlands and waterways impacts as well as bordering vegetated wetlands impacts. Today's Order provides for the restoration of the land under wetlands and waterways and BVW and provides an option to install a new crossing provided it complies with the current Massachusetts River and Stream Crossing Standards.11/1/7


Date: 10/31/07
municipality: ['Edgartown']
Text:
  MassDEP issued a Unilateral Order to the Winnetu Inn for Water Pollution Control (septic/Title 5) violations in Edgartown. During a MassDEP inspection it was noted that off-site odors were emanating from the Winnetu's on-site Title 5 wastewater disposal system. The Winnetu uses a large Title 5 system, over 10,000 gallons per day, to manage its wastewater. The Order requires the Winnetu to have a certified inspector evaluate the system for performance and engage an odor control expert to address the problem.


Date: 10/31/07
municipality: ['West Bridgewater']
Text:
  MassDEP issued a Demand Notice for $1,300 relative to a Suspended Penalty Payment involving Stephen Ando Paull Contractors, Inc. at 95 Turnpike Street in West Bridgewater. The company failed to comply with the terms and conditions of prior Consent Order issued on 6/13/07. At that time the Penalty involved $2,300, with$1,300 suspended, due to violations involving Solid Waste and required the facility to either cease operations and clean up the site, or pursue the designated site assignment requirements for a solid waste facility. The facility failed to submit the required application, resulting in today's Suspended Penalty Payment Demand Notice.10/31/07


Date: 10/30/07
municipality: ['Northborough']
Text:
  MassDEP Commissioner issued a Final Decision relative to The Pierce Family Trust in Northborough. The action settles an appeal of a MassDEP Unilateral Order issued to the Trust (5/9/07) as a result of its continued failure to comply with cleanup requirements. Under the terms of today's Decision, the Trust is required to submit a Phase IV Completion Statement, and either a Remedy Operation Status or a Response Action Outcome Statement, if applicable, on or before 12/31/08. In addition, quarterly status reports will be submitted by the Trust through to the completion date.


Date: 10/30/07
municipality: ['Hull']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Independent Burner Service for Waste Site Cleanup violations in Hull. The company failed to notify MassDEP (as required) after a 60-gallon release of #2 fuel oil at a residential property. In addition to the Penalty, the company will conduct a Supplemental Environmental Project. Under the SEP component, the company will provide "DEP magnets" which inform its customers of the need to call MassDEP in the event of a sudden release of oil or hazardous materials to the environment.


Date: 10/30/07
municipality: ['Oxford']
Text:
  MassDEP executed a Consent Order with Aram Arvanigian for Waste Site Cleanup violations in Oxford. MassDEP found during an audit of response actions previously conducted relative to the cleanup of petroleum at a gasoline station, that the requirement to sample all private wells located within 500 feet had not been met. Arvanigian was issued a Notice of Noncompliance following the audit. Arvanigian complied, but submitted pre-existing sampling data, not including all pertinent wells, and the analyses were not appropriate for the site contamination. Today's Order requires Arvanigian to conduct the required sampling and submit a revised Response Action Outcome Statement.


Date: 10/30/07
municipality: ['Uxbridge']
Text:
  MassDEP entered into a Consent Order with the United States Postal Service for Waste Site Cleanup violations in Uxbridge. Specifically, the violations involve its failure to meet response action deadlines for a release of fuel oil at its Main Street facility located in North Uxbridge. USPS had originally received a March 2005 Notice of Noncompliance for its violations, but has subsequently failed to meet established deadlines established for its returning to compliance. Under the terms of today's Order, USPS will submit a Response Action Outcome Statement (final outcome) no later than 12/20/08.


Date: 10/30/07
municipality: ['Bellingham', 'Mendon']
Text:
  MassDEP executed a Consent Order with a $2,800 Penalty involving Omar Wenger for Air Quality violations in Bellingham and Mendon. Wenger is the principle proprietor at T&T Trailer Sales at 123 Uxbridge Street in Mendon, and a partner in the Pennsylvania Farmer Boy, Limited Partnership at 800 Pulaski Boulevard in Bellingham. At these locations, Wenger operated outdoor wood-fired boilers at each location where air emission violations (smoke and odor) were detected. MassDEP has agreed to suspend the entire Penalty since both units are no longer operational and will remain so. However, today's Order will allow neighbors of the two facilities relief from nuisance smoke and odor conditions that were caused by the operation of these units.


Date: 10/30/07
municipality: ['Leominster']
Text:
  MassDEP executed a Consent Order with a $1,100 Penalty involving Mohawk Drive Corporation for Hazardous Waste Management violations at its Leominster facility. During a recent inspection conducted with a member of the Leominster Board of Health, MassDEP determined that six 55-gallons drums of waste oil, generated by a previous occupant of the building that is no longer in business, had been stored outside of the facility for a period of time in excess of that allowed by the regulations. Once notified of the violation, the Mohawk Drive Corporation, which currently owns the building, took immediate action to properly dispose of the waste oil. Today's Order requires continued compliance with all applicable regulations.


Date: 10/30/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $12,960 Penalty involving the United States Army Reserve Forces Training Area for Hazardous Waste Management violations in Devens. MassDEP conducted a January 2007 multi-media inspection of the installation (where military training for reserve forces are held), and found a failure to post emergency information near a waste oil accumulation area, failure to provide an impervious surface under the hazardous waste accumulation area, and storing waste oil for a period in excess of the allowable 90-days. In addition, the facility failed to ship waste off-site in a timely manner, and is a repeat violation to one that was previously cited (7/8/04). In addition to the Penalty, the US Army has agreed to achieve compliance with all applicable regulations.


Date: 10/29/07
municipality: ['Wellesley']
Text:
  MassDEP issued a Request for Information relative to possible bacteria source(s) to the town of Wellesley. Today's Request follows inspections conducted as part of the Bacteria Source Tracking program. DEP staff collected bacteria samples in Fuller Brook, which indicated elevated E. coli counts in the reach between Cottage Street and Dover Road. Today's Request requires the town to inspect all outfalls in this section of the brook, and sample those running in dry weather, as well as at an upstream subsurface location.


Date: 10/27/07
municipality: ['Holyoke']
Text:
  MassDEP issued a $25,260 Penalty Assessment Notice to G. Rama Construction for Asbestos and Demolition (Air Quality) violations in Holyoke. The company, which is based in New York, failed to file notification for activities and did not follow proper asbestos removal procedures. Representatives of the company failed to attend two enforcement conferences.


Date: 10/26/07
municipality: []
Text:
  MassDEP Amended an existing Consent Order involving 40 Rugg Road, 84 Braintree Street and 10 Penniman Road in Allston. Today's Amendment allows the former Sunshine Laundry and adjoining properties to extend one specific deadline relative to Waste Site Cleanup deadlines. The current owner, Eljen Corporation, requested an extension due to technical requirements relative to the submittal of a specific report on the proposed Immediate Response Action to address current Imminent Hazard conditions from soil-vapor infiltration at the site. The subject report in question has now been received at MassDEP. All other deadlines and terms from the original Order (as executed on 5/24/07) remain unchanged.


Date: 10/26/07
municipality: ['Cambridge']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Extell Cambridge, LLC for Waste Site Cleanup violations at 303 Third Street in Cambridge. Extell is the owner and/or operator of the property where it failed to meet deadlines set out in a previous Consent Order issued on 6/6/06. Today's Order establishes a final Response Action Outcome by 6/30/08. In addition to the Penalty, today's Order also contains a provision for stipulated penalties for any missed deadline.10/26/07


Date: 10/26/07
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $6,525 involving Barile Environmental, Inc. for Asbestos violations in Pittsfield. MassDEP's received a complaint regarding removal of asbestos-containing thermal insulation from a boiler and its ancillary pipes. MassDEP determined that Barile failed to file the proper notification prior to the asbestos removal work. MassDEP has agreed to suspend $4,525 pending compliance and a three-year probationary period.10/26/07


Date: 10/26/07
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Superior Mechanical Contractors, Inc. due to Asbestos violations. The violations involve improper removal of a boiler that was insulated with asbestos at a residential property in Springfield. The company did not use the proper asbestos handling procedures during the removal and replacement of the boiler. The asbestos containing insulation was left in a dry state and not containerized.


Date: 10/26/07
municipality: ['Springfield', 'Whately']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving F.L. Roberts and Co., Inc. for Air Quality (vapor-recovery) violations and Hazardous Waste Management violations in Springfield, Palmer and Whately. MassDEP had previously inspected three of F.L. Robert's facilities and issued Notices of Noncompliance. A re-inspection of the same facilities revealed some of the same and additional violations.


Date: 10/25/07
municipality: ['Whately']
Text:
  MassDEP amended a previous Water Emergency Declaration to Whately Water District in Whately. The Order and Declaration now includes a provision approving the delivery of transported water into the Whatley Water District system.10/24/07


Date: 10/24/07
municipality: ['Walpole']
Text:
  MassDEP entered into a Consent Order with Walpole 1333 LLC for Waste Site Cleanup violations at 1333 Main Street in Walpole. The corporation failed to comply with the deadlines established in a MassDEP Notice of Noncompliance. MassDEP had identified 15 violations of Waste Site Cleanup requirements including the Activity & Use Limitation (AUL) instrument in place for this specific location. A 60-day deadline had been established in the NON for the corporation to come back into compliance. Prior to the expiration of the deadline, MassDEP received a request from the corporation's consultant in which additional time was requested. Today's Order establishes new deadlines with assurances of compliance.


Date: 10/24/07
municipality: ['Billerica']
Text:
  MassDEP issued a $32,220 Penalty Assessment Notice to Boyle Industries, Inc for Hazardous Waste management and Wetlands violations at its facility in Billerica. The company was also found to be storing road salt in violation. In addition to the Penalty, the company is required to comply with the hazardous waste management law, prepare a surface and groundwater discharge plan, a wetlands restoration and monitoring plan, and relocate or cover the (salt/chemical) snow removal pile.


Date: 10/23/07
municipality: ['Cambridge', 'Lexington']
Text:
  MassDEP Environmental Strike Force participated in the case filed by the Massachusetts Attorney General's Office in Middlesex Superior Court involving the Commonwealth versus Stephen Swisher. Case began in response to observations made by a jogger to MassDEP, which investigated. The inspection was then referred for criminal prosecution a case involving abandoned drums of waste that were found in wooded residential areas and adjacent to wetlands that are in turn connected to the Lexington public water supply source. Swisher, the former president of Pacetti Corp., a metal finishing company, has now been indicted. The Attorney General prosecuted the case with assistance from the Environmental Crimes Strike Force and the Environmental Police. Swisher was scheduled be arraigned on 11/15 in Middlesex Superior Court in Cambridge.


Date: 10/23/07
municipality: ['Uxbridge']
Text:
  MassDEP issued a Unilateral Order to Western Mass Environmental, LLC for Hazardous Waste Management violations in Uxbridge. The Westfield-based company is ordered to immediately cease and desist from transporting hazardous wastes in the Commonwealth without a valid transporter license. Investigations and inspections conducted by MassDEP revealed the company has been transporting hazardous wastes both in and out of the Commonwealth using another company's valid transporter license through a business agreement. MassDEP received In June 2007 an application by Western Mass Environmental LLC for a Hazardous Waste Transporter License. That application has been under review.


Date: 10/19/07
municipality: ['Boston']
Text:
  MassDEP, along with the city of Boston's Environmental Strike Team, inspected the Grant Company at 28 R Wolcott Street in Boston. A complaint by the city of improper asbestos abatement found a contractor, Nealco Environmental, a licensed asbestos removal company was performing asbestos remediation at the site as required. However, the inspectors found several violations and the removal operations were shutdown jointly by the City of Boston and MassDEP. Nealco was instructed to submit a detailed plan of steps to be taken to return to compliance. The plan will be reviewed (and must be approved) by the City of Boston and MassDEP before work is allowed to resume. Enforcement investigation is continuing.


Date: 10/17/07
municipality: ['Newbury']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving David & Jayne Peng for Wetlands violations at 51 Southern Boulevard in Newbury. The violations entailed the removal of 2,247 square feet of natural vegetation, substituting that with turf grasses on a Coastal Dune and Barrier Beach (Plum Island). This activity was performed in non-compliance with a previously issued Order of Conditions that specifically required preservation of such dune vegetation. MassDEP has agreed to suspend $14,900 of the Penalty pending full compliance, including full restoration of the Coastal Dune.


Date: 10/17/07
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $8,250 Penalty involving Construction Service for Industrial Wastewater and Hazardous Waste Management violations in Wilbraham. The violations involved the discharge of concrete truck wash water to the ground and not registering its waste oil burner with MassDEP. The company, which is listed as a division of Dauphinais and Son Inc., fully cooperated with MassDEP to address its noncompliance. MassDEP has agreed to suspend $1,750 of the Penalty pending compliance.


Date: 10/17/07
municipality: ['Lowell']
Text:
  MassDEP assisted the Massachusetts Attorney General's Office in resolving the environmental violations at Boott Hydropower, Inc, at 145 Pawtucket Street in Lowell. The agreement resulted in a $125,000 Penalty. Boott Hydropower, Inc. failed to notify MassDEP of an oil spill at its Lowell plant, which subsequently leaked into the Merrimack River. Boott Hydropower agreed to the $125,000 Penalty in connection with the release of fuel oil that occurred in June 2005. One of the two turbine units at its plant malfunctioned and leaked hydraulic oil into the river. The Lowell Fire Department and MassDEP responded to reports of the oil sheen on the surface of the river and conducted an investigation, finding that the plant was the source of the oil sheen. Today's complaint lodged by the AG's Office asserts that Boott Hydropower violated Chapter 21E (of Massachusetts General Laws) and the MCP (Waste Site Cleanup regulations) by failing to notify the MassDEP within two hours of the release of the oil from its plant. Additionally, Boott Hydropower violated MCP-reporting requirements by submitting reports containing inaccurate and inconsistent statements concerning the time of notification and the amount of oil released or threatened to be released. The complaint also asserted that the release of oil to the Merrimack River was a violation of the Massachusetts Clean Waters Act. In addition to the Penalty, Boott Hydropower agreed to develop and implement an Environmental Management Systems for its plant.


Date: 10/16/07
municipality: ['Auburn']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving the town of Auburn and Waste Site Cleanup violations, specifically the failure to submit a written Release Notification Form and an Immediate Response Action Plan within 60 days of having provided (verbal) notification of a release. In addition, the town failed to submit a Response Action Outcome Statement within one year of the notification. The release occurred when a hydraulic line on a dump truck owned and operated by the Auburn Department of Public Works ruptured, releasing hydraulic oil along a public road as it traveled. In addition to the Penalty, today's Order requires the town submit all the required documents (which have now been received) and that the town develop and implement a spill management plan.


Date: 10/16/07
municipality: ['Littleton']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Curtis-Wright Controls, Inc. for Hazardous Waste Management violations in Littleton. The company was found to be accumulating hazardous wastes for periods longer than allowed under its registered generator status and it had treated small amounts of hazardous waste. In addition to the Penalty and restoring the facility to compliance, Curtis-Wright has agreed to develop and implement an Environmental Management System. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.


Date: 10/16/07
municipality: ['Bellingham', 'Blackstone']
Text:
  MassDEP has executed a Consent Order with a $10,000 Penalty regarding Alfred A. DaPrato & John H. Tweed for Solid Waste violations at 110 Elm Street in Bellingham. The two Blackstone residents are lead officers of the former Elm Manor Corporation where MassDEP discovered illegal solid waste disposal activities in July 2005, and subsequent April 2006 incidents involving the illegal open burning of solid wastes. Since the Corporation was involuntarily dissolved by the Massachusetts Secretary of State. Today's Order also requires that all solid wastes remaining on the Site be removed and properly disposed of at a licensed facility.


Date: 10/16/07
municipality: ['Clinton']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving R. Bates & Sons, Inc., a Clinton-based contractor. During an inspection conducted in December 2006, MassDEP observed the presence of improperly disposed solid waste materials on R. Bates' property located adjacent to the town of Clinton's closed landfill on South Meadow Road. Today's Order requires the company to remove the improperly disposed of materials for off-site recycling/disposal. In addition to the Penalty, the company has agreed to perform an $18,700 Supplemental Environmental Project (SEP) that will be designed towards the goal of improving the town of Clinton's recycling capabilities at its Department of Public Works yard.


Date: 10/11/07
municipality: []
Text:
  MassDEP issued a Notice of Noncompliance to the Boston Water & Sewer Commission due to Water Pollution Control violations. MassDEP inspected stormwater outfalls (in connection with the Bacteria Source Tracking program) and observed wastewater solids and sewage odors at four stormdrain outfalls draining to the Neponset River. Sampling confirmed high E. coli (bacteria) counts in the flow from the drains. Today's NON requires the Commission to identify and eliminate the wastewater sources from the storm drains.10/9/07


Date: 10/9/07
municipality: ['Tewksbury']
Text:
  MassDEP executed a Consent Order with Trull Brook Realty LLC for Waste Site Cleanup violations at 450 Clark Road in Tewksbury. The corporation is required to meet specific timelines for submitting Phase Reports and achieving a final outcome at the site. Since this site has been in the system since 1987, this enforcement action ensures final cleanup of contamination that began as a result of the removal of an underground storage tank and the discovery of gasoline-contaminated groundwater and soil. The Lowell Regional Area Transit Authority is now located at the site.


Date: 10/9/07
municipality: ['Easton']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty involving Benson Enterprises, Inc., for Industrial Wastewater violations at its Easton facility. Benson operates a pre-cast concrete business. A MassDEP inspection found an un-permitted discharge of industrial wastewater to the groundwater. Wash-water would be allowed to run off trucks through a chute and into an unlined wastewater pit. The discharge of a high-pH concrete-concentrated wastewater would enter the ground. Following the inspection, Benson cleaned out all concrete debris within that pit and brought the excavated material to a recycling facility. In addition to the Penalty the company has agreed to fully comply with all applicable regulations.


Date: 10/9/07
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $26,485 Penalty involving Joseph and Diane Servidio for Asbestos violations at 65 Montgomery Street in Westfield. After receiving complaints, MassDEP found that Servidio had retained unlicensed workers to demolish two greenhouses and their associated flower beds. The Servidios did not follow the necessary pre-demolition, asbestos-handling and asbestos-disposal procedures. MassDEP found regulated asbestos materials co-mingled in the structures' rubble. Thereafter, the Servidios retained a licensed asbestos abatement contractor to clean up the site. MassDEP has agreed to suspend $6,485 of the Penalty pending full compliance during the one-year probationary period.


Date: 10/9/07
municipality: ['Lowell']
Text:
  MassDEP Commissioner signed a Final Decision involving S&R Corporation and Air Quality (dust-demolition) violations at the former Northampton State Hospital. The decision resolves an appeal of a previously issued Penalty and as a result, the S&R Corporation of Lowell will pay a $645 Penalty within 30 days.


Date: 10/5/07
municipality: ['Cheshire']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Mary Nosal of Cheshire for Water Pollution Control (septic system/Title 5) and Wetlands violations. Nosal is the owner of a single family home where violations occurred during the construction. MassDEP has agreed to suspend the entire Penalty pending compliance with all applicable regulations.


Date: 10/5/07
municipality: ['Cheshire']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Jason Turner in connection with the Water Pollution Control (septic/Title 5) and Wetlands violations in Cheshire (see previous item). Turner was former part-owner. In addition to the Penalty, Turner will ensure that the Title 5 system is brought into compliance and the restoration of the wetlands, as well as compliance with all regulations for a period of three years. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.


Date: 10/5/07
municipality: ['Northampton', 'Whately']
Text:
  MassDEP issued a Water Emergency Declaration to the Whately Water District in order to allow the use of Well #3, an emergency source. The Emergency was requested due to low well production from its other sources. The District also experienced high total coliform (bacteria) counts in the distribution system and at the storage tank. MassDEP has loaned the system a feed pump and tank to provide consistent chlorination and provided technical assistance. Other assistance to Whately was provided by the Mass Rural Water Association and the City of Northampton. The atmospheric tank is the suspected source and will be emptied, cleaned and inspected.10/5/07


Date: 10/4/07
municipality: []
Text:
  MassDEP issued a Unilateral Order to the North Attleborough Commerce Center, LLC for Asbestos violations at 888 and 896 North Main Street in North Attleboro. The corporation is ordered to cease and desist from all activities related to asbestos abatement work and to secure any visible asbestos debris located outside to prevent additional asbestos emissions. MassDEP issued the Order after a 9/24/07 inspection of the property. In addition to on-site violations, the corporation failed to submit written notification to MassDEP for the asbestos removal as required. MassDEP has instructed the property owner of the need to hire a licensed Asbestos Designer and a licensed Asbestos Contractor to assess the extent of the asbestos violations and to take measures to achieve compliance and/or contact MassDEP to obtain guidance for the cleanup of the site.


Date: 10/1/07
municipality: ['Northborough']
Text:
  MassDEP entered into a Consent Order with a $5,500 Penalty involving Bay State Circuits, Inc. for Waste Site Cleanup and Hazardous Waste Management violations in Northborough. The company has agreed to correct the violations including its failure to meet the performance standards for the Remedy Operation Status (Waste Site Cleanup agreement). The company will also, correct the improper storage of hazardous waste and remediation waste. A revised Remedy Operation Status Opinion will be submitted within 90 days.


Date: 10/1/07
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with a $12,606 Penalty involving Fabric Cleaners, Inc., for Air Quality, Industrial Wastewater, Waste Site Cleanup and Hazardous Waste Management violations in Milford. The company failed to notify MassDEP of the release of tetrachloroethene (Waste Site violations); and, failed to comply with operational requirements for its dry cleaning machine and discharged washing machine wastewater, an industrial wastewater, to a storm drain without approval. MassDEP has agreed to suspend $12,606 of the Penalty based on the company's small-business designation and provided the company brings the facility into compliance and to remain so.


Date: 10/1/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving SemiCon Precision Industries, Inc. for Hazardous Waste Management, Toxics Use Reduction Act (TURA) and Industrial Wastewater violations at its Southbridge facility. During a recent inspection, MassDEP found


Date: 10/1/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $3,300 Penalty involving the Southbridge Recycling & Disposal Park, Inc. for Hazardous Waste Management violations in Southbridge. MassDEP determined during an inspection that the company had hazardous waste in excess of its registered status; failed to label a hazardous waste container; and, failed to make adequate arrangements with municipal and state officials in case of a hazardous waste emergency. In addition to the Penalty, the company agreed to bring the facility into compliance.


Date: 9/28/07
municipality: ['South Hadley']
Text:
  MassDEP issued a Demand for $3,000 in Stipulated Penalties to the operators at South Hadley Landfill, LLC, located in South Hadley. The operators failed to control offsite odors directly related to conditions at the landfill.


Date: 9/28/07
municipality: ['Chicopee']
Text:
  MassDEP issued a Demand for $6,000 in Stipulated Penalties to the operators at the Connecticut Valley Sanitary Waste Disposal landfill in Chicopee. The operators failed to control offsite odors directly related to conditions at the landfill.


Date: 9/28/07
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Order to Wilkinsonville Water District in Sutton for Water Supply violations. MassDEP determined that the District introduced excessive amount of a corrosion control agent to the Water Supply, which serves a population of 2,834. On September 26, 2007, a complaint investigation by facility operators revealed that excessive amounts of potassium hydroxide had entered the distribution system as the result of a failure of the high-pH alarm system at the Hatchery Road Pump Station to notify operators of the condition. District employees flushed the system repeatedly, and reported to MassDEP that the system had returned to its normal pH level. Today's Order requires the feed system to remain off-line until MassDEP approves its re-start. In addition, the District must submit details of this and any other possible overfeed events at the station, and the submission of a corrective action plan and implementation schedule.


Date: 9/27/07
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with Michael Thompson as Trustee of the Thompson Family Realty Trust for Waste Site Cleanup violations at 224 Walker Street in Lowell. The Trust, which owns and operates the property failed to submit cleanup reports as required. In addition to agreeing to bring the site back into compliance, the Trust agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.9/27/07


Date: 9/27/07
municipality: ['Brewster']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving the town of Brewster, for Solid Waste violations at the Transfer Station in Brewster. The town failed to submit a Waste Ban Compliance Plan and failed to submit Annual Reports for 2005, and 2006. MassDEP agreed to suspend the Penalty, and the town will submit the required Annual Reports.


Date: 9/25/07
municipality: ['Belchertown']
Text:
  MassDEP executed a Consent Order with Joseph and Gina Maggi to ensure operations at 442 State Street in Belchertown complied with Massachusetts Drinking Water Regulations. Maggis are the owners of the facility.


Date: 9/25/07
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving NETCO Construction Corp. for Hazardous Waste Management, Air Quality and Solid Waste violations at its Hampden facility. MassDEP discovered the violations, which included evidence of open burning, waste oil management violations and improper storage of demolition and tree stump wastes, following a response by the local fire department. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance with today's Order.


Date: 9/25/07
municipality: ['Auburn']
Text:
  MassDEP issued a $2,892 Penalty Assessment Notice and a Unilateral Order to the A.J. Murphy Company, Inc., a Maine-based transportation company, due to a release of diesel fuel on an interchange ramp of the Massachusetts Turnpike in Auburn. MassDEP initially issued a Notice of Noncompliance regarding the company's failure to submit a Release Notification Form after the incident in October 2005, and thereafter an Immediate Response Action Plan. The company also failed to submit additional cleanup reports. MassDEP issued a Notice of Enforcement Conference, scheduling a date to discuss the violations and requirements for coming into compliance; however, company representatives failed to attend the enforcement conference. Today's Order requires the submittal of all the required reports within 30 days in addition to the Penalty.


Date: 9/24/07
municipality: ['Billerica']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty involving Karen L. Cormier for Wetlands violations at 133A High Street in Billerica. Cormier owns this residential property where MassDEP discovered - using Wetland Change Initiative aerial photography and available data - that approximately 1,500 square feet of Bordering Vegetated Wetland (BVW) filling on the site as a result of construction of a new in-ground pool and other miscellaneous " yard projects". Additionally, Cormier keeps pet ducks, turkeys, and a goat and horse either within BVW or the Buffer Zone that negatively affects the BVW. Today's Order requires restoration and monitoring of the BVW, moving animals out of BVW and implementation of a comprehensive animal management plan to protect wetland resource areas on the property. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance with the Order.


Date: 9/20/07
municipality: []
Text:
  MassDEP issued a Unilateral Order to Konstantinos Frantzis for Waste Site Cleanup violations at 400 Belgrade Avenue in West Roxbury.  Frantzis, owns and operates the property and is required to submit an Immediate Response Action (IRA) Plan within two months of the Order, an IRA Status within 120 days of submittal of the IRA Plan and an IRA Status Report every 6 months thereafter until the submission of the IRA Completion Report. The Order also requires a Phase I Report and a Tier Classification Submittal for the Site within six months of the Order.9/20/07


Date: 9/20/07
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with a $6,400 Penalty regarding J&G Foods, Inc., for Hazardous Waste and Industrial Wastewater violations at its Sutton facility. MassDEP discovered during a recent inspection of J&G that the company was operating its wastewater pre-treatment system without a licensed treatment plant operator, and that it had failed to comply with numerous (small quantity) hazardous waste/waste oil management requirements. Today's Order requires the company to bring the facility back into compliance. The action ensures that the facility's Industrial wastewater will be properly treated, and that waste oil will be properly managed.


Date: 9/20/07
municipality: ['Fitchburg', 'Gardner']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty regarding Pelletier's Building Supply Company, Inc. for Hazardous Waste Management and Industrial Wastewater violations at its Gardner and Fitchburg facilities. While conducting an inspection at the Fitchburg facility in 2006, MassDEP determined the company was discharging vehicle wash water, an Industrial Waste Water, directly to the Nashua River without the appropriate EPA and MassDEP permits. In addition, the company failed to comply with numerous other Hazardous Waste Management regulations. Today's Order requires the company to comply with all applicable regulations, generate storm water pollution prevention plans, not otherwise required for its Gardner and Fitchburg facilities. MassDEP has agreed to suspend $13,000 of the Penalty pending compliance (due in part to a successful demonstration of a financial hardship condition). This action will help ensure that Industrial Waste Water will not be discharged to the Nashua River, and that Small Quantity Generator amounts of waste oil will be properly managed at the facilities.


Date: 9/19/07
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving David Lancto for Asbestos violations at his residence in Pittsfield. The violations involved the improper removal of an asbestos-insulated boiler at his residence. MassDEP has agreed to suspend $4,500 of the Penalty pending compliance.


Date: 9/18/07
municipality: ['Dudley']
Text:
  MassDEP executed a Consent Order with a $7,900 Penalty involving Webco Chemical Corporation for Waste Site Cleanup violations in Dudley. Webco failed to conduct Immediate Response Actions in accordance with the regulations. Historical operations at Webco resulted in the contamination of soil and groundwater at the site with volatile organic compounds (VOCs). Webco has conducted response actions since 1997. In 1998, it was discovered that residential drinking water wells near the site were contaminated with VOCs. Webco failed to adequately assess and/or mitigate VOCs in the residential wells in a timely manner. Affected wells have now been provided with treatment systems. Under the terms of the Order, Webco is required to implement a residential drinking water well sampling plan. MassDEP has agreed to suspend $2,500 of the Penalty pending compliance with the Order.


Date: 9/18/07
municipality: ['Medfield']
Text:
  MassDEP entered into a modification of an existing Consent Order with the Estate of James S. Kantany of Medfield. The original Order became effective on 1/22/07. The modification provides a revised due date for the Phase V Completion Report and Response Action Outcome Statement, or Remedy Operation Status Submittal, to be submitted by 12/14/07.9/18/07


Date: 9/10/07
municipality: ['Stow']
Text:
  MassDEP entered into a Consent Order with a $12,000 Penalty involving Robert Page III Ltd/Butternut Club in Stow for violations of the Drinking Water Regulations that occurred at its facility, Butternut Farms Golf Club located at 115 Wheeler Road in Stow. A recent inspection of Butternut determined that the facility had added a function hall thereby expanding water use above permitted limit. The increased water use required the protective zone to be larger, which was not feasible due to the location of the well. Several operational violations were also identified including operating without a certified operator and installation of a water treatment system without prior approval. As a result of negotiations with MassDEP, the owners have corrected many of the operational violations and entered into today's Order that outlines a schedule to site and construct a new well that will be in compliance with the drinking water regulations. In addition, they have agreed to meter their irrigation water throughout the golf course. Today's Order also outlines an operational plan for the existing source to assure a safe water supply until the new source is developed and ready for use.


Date: 9/10/07
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Order to Martin Linder for Wetlands violations in Sutton. MassDEP found that work by Linder resulted from work in the Bordering Vegetated Wetland; the order requires cessation of additional harm to the resources and the hiring of a wetlands specialist to develop a restoration plan.9/10/07


Date: 9/7/07
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to BATG for Solid Waste violations at Charlton. BATG, contractor to the town of Charlton for its landfill closure process, delivered and attempted to utilize recycled Petroleum Contaminated Soil as grading and shaping material at the town-owned landfill. The use of such material for grading and shaping is not authorized by the Corrective Action Plan for the landfill, or any other approvals issued by MassDEP. The noncompliance was brought to MassDEP's attention by the town, which expressed concerns about the unauthorized use of this material. While representatives of BATG verbally offered to remove the materials, the company did not produce an acceptable plan or schedule. As a result, MassDEP ordered BATG to remove the materials by 9/12/07.9/4/07


Date: 9/4/07
municipality: ['Brockton']
Text:
  MassDEP executed a Consent Order with D&R Realty Trust for Water Supply violations at 24 1/2 Intervale Street in Brockton. D&R Realty Trust owned and operated an unregistered Public Water System (PWS) located at 24 1/2 Intervale Street in Brockton. As part of today's Order, the PWS will connect to the City of Brockton's water supply and abandon the unapproved, on-site well.


Date: 8/31/07
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with Patricia LaBella, (administrator for the estate of Leonard N. Mazone) for Waste Site Cleanup violations at 83-85 Bennington Street in Revere. The estate is the owner of the property where there has been a failure to meet deadlines set out in a Notice of Noncompliance issued on 4/25/07. Today's Order establishes a deadline of 12/30/07 for submittal an Immediate Response Plan and a deadline of 3/30/08 for submittal of completion or tier classification; there are stipulated penalties for any missed deadlines.


Date: 8/31/07
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with John Sasso for Waste Site Cleanup violations at 83-85 Bennington Street in Revere. Sasso is owner of the property where a failure to meet deadlines set out in a Notice of Noncompliance issued on 4/25/07.Today's Order establishes a deadline of 12/30/07 for submittal an Immediate Response Plan and a deadline of 3/30/08 for submittal of a completion or tier classification; there are also stipulated penalties for any missed deadlines.


Date: 8/31/07
municipality: ['Mansfield']
Text:
  MassDEP entered into a Consent Order with a $7,224 Penalty involving the Sun Chemical Corporation for Surface Water Discharge and Air Quality violations at 320 Forbes Boulevard in Mansfield.The local division is part of Sun Chemical Corporation of Northlake, Illinois. As part of MassDEP's inspection program, a multi-media inspection was conducted of the Mansfield location where effluent limits (discharge) and monitoring violations were noted. MassDEP also noted the facility's violations pertaining to recordkeeping requirements as contained in its Air Quality Plan Approval. In addition to the Penalty, the company has agreed to bring the facility into compliance.


Date: 8/27/07
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Everett Place Condominium, LLC for Waste Site Cleanup violations at 69 Norman Street in Everett. The LLC is the owner or operator of the property that failed to meet deadlines set out in a Notice of Noncompliance issued on 6/1/07 pertaining to the cleanup at the site. Today's Order establishes a deadline of 12/30/07 for submittal of completion or tier classification; there are stipulated penalties for any missed deadlines.


Date: 8/27/07
municipality: ['Orange', 'Phillipston']
Text:
  MassDEP executed a Consent Order with an $8,000 Penalty involving Brookside Equipment Sales, Inc. for Waste Site Cleanup violations at Honey Farms in Orange. The company, which is based in Phillipston, failed to notify MassDEP within two hours of a spill of 70 gallons of diesel fuel. The release occurred at the Honey Farms service station in Orange on 3/19/07. A driver from Brookside failed to attend to the hose while filling the saddle tanks of a tractor-trailer he was operating. Diesel fuel was released to paved surfaces and a dirt area in the vicinity of the fueling island. The driver notified Honey Farms personnel, but left the scene. Honey Farms personnel notified the fire department and MassDEP, and contracted with an emergency response cleanup contractor to address the spill. The Orange Police Department, after viewing security camera footage of the incident, identified Brookside Equipment as the operator of the truck. In addition to the Penalty, Brookside agreed to train employees on responding to emergencies, and agreed to audit its facility in Phillipston for compliance with MassDEP hazardous waste regulations.8/22/07


Date: 8/21/07
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with Joseph Banks for Waste Site Cleanup violations at 428-440 Pearl Street in Stoughton. Banks is one of several Potentially Responsible Parties ("PRP") that have been identified for the release of toluene that has been detected in groundwater at at 428-440 Pearl Street, a commercial property. On 12/15/06, MassDEP issued a different PRP for the release (Pinecrest III Realty Trust) a Notice of Noncompliance for failing to complete response actions at the site in a timely manner. Pinecrest III Realty Trust did not comply with that NON. Banks has subsequently informed MassDEP, that Pinecrest III Realty Trust does not have the ability to conduct response actions. However, Banks will ensure that response actions are completed in a timely manner. Today's Order establishes deadlines for Banks to complete response actions at the site.


Date: 8/21/07
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty regarding Antonio Medeiros and Waste Site Cleanup violations at 1004 Crane Avenue in Taunton. Medeiros is the owner of this commercial property that has been the site of a release of petroleum from its former underground storage tanks. On 11/29/06, MassDEP issued Medeiros a Notice of Noncompliance for failing to complete response actions at the site in a timely manner. Medeiros did not comply with the NON. Today's Order establishes deadlines for Medeiros to complete response actions.8/21/07


Date: 8/17/07
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with the Long Hollow Bison Farm (Paul Ciaglo) for Wetlands violations at 270 Russell Street in Hadley.The violations involve the construction of stream culverts and road crossings and placing fill within Bordering Vegetated Wetlands (BVW) between April 1997 and 1999.The work was undertaken as part of the operation of the farm, yet not on land that was in agricultural use, and resulted in approximately 150 linear feet of alteration to the bank and placement of < 5,000 square feet of fill into the BVW. Today's Order requires Ciaglo to prepare and submit for approval a plan to replace the BVW, along with full implementation of the plan by 9/14/07.8/17/07


Date: 8/17/07
municipality: []
Text:
  MassDEP issued a Unilateral Order to College Park Condominium Trust for Wetlands violations at 5 Keegan Lane in Greenfield. MassDEP found cutting and clearing of vegetation within less than 2,500 square feet of Bordering Vegetated Wetland without proper approval. The representatives of the condominium allegedly initiated work within the wetland to control drainage prior to the standard 10-business day administrative appeal period. The local order issued by the City of Greenfield Conservation Commission for this work was appealed. Today's Order requires the condominium association to cease all cutting work within the wetland and to submit a site plan containing a proper delineation of all resource areas along with a "Maintenance Plan" for any future work.8/16/07


Date: 8/16/07
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with Ciba Specialty Chemicals Corporation for Waste Site Cleanup violations at 20 Colonial Road in Salem. Ciba, which is based in Tom's River, NJ, failed to complete cleanup of the spill that was first reported in 1989 from a leaking underground storage tank. Under today's Order, Ciba will submit a final outcome (Response Action Outcome) by no later than 3/1/09.


Date: 8/15/07
municipality: ['Salisbury']
Text:
  MassDEP Commissioner executed a final decision involving Richard Monahan and Wetlands violations at his 479 North End Boulevard Road in Salisbury. Today's Consent Order with an $8,250 Penalty regarding Monahan's appeals of a previously issued Unilateral Order and Penalty Assessment. The specific violations involve constructing a patio and fence that altered 750 square feet of a Coastal Dune on a Barrier Beach without authorization. Today's Order requires restoration of the altered dune and a proposed deck to be elevated on piles. MassDEP agreed to suspend $7,250 of the Penalty pending compliance.


Date: 8/15/07
municipality: ['Hanover']
Text:
  MassDEP entered into a Consent Order with a $12,050 Penalty involving Sears Roebuck and Company for Hazardous Waste Management violations at its Braintree and Hanover facilities.  MassDEP conducted a multi-media inspection and found that both locations were not in compliance with certain hazardous waste management and record-keeping requirements.


Date: 8/14/07
municipality: ['Erving']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty regarding Erving Paper Mills, Inc, for Air Quality violations at it its faculty in Erving. MassDEP required the company to perform an emissions test to determine the company's compliance status with its allowable emissions. Upon conducting the stack test, it was discovered that Erving was exceeding the facility's emission limits for particulate matter and nitrogen oxides. Subsequent re-testing conducted a month later, revealed that the emission limits were being met. The company cooperated with MassDEP and in addition to the Penalty has agreed to address the noncompliance.8/14/07


Date: 8/13/07
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty regarding Ludlow Industrial Realties, Inc, for Waste Site Cleanup violations at 205 State Street facility in Ludlow. The company owns a large mill complex but failed to immediately (2-hour) notify MassDEP of a release of 50 gallons of #6 fuel oil at this property. The incident occurred at 3


Date: 8/10/07
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with a $1,200 Penalty involving the Brimfield Housing Authority in Brimfield.The Authority operates a small community public water system where there has been repeated noncompliance.The Authority failed to submitted to MassDEP the Annual Statistical Report for 2006.MassDEP agreed to suspend $600 of the Penalty and Authority agreed to prepare and distribute the report.Annual Statistical Reports include information about water supply contacts, operators, water use, and emergency plans.8/8/07


Date: 8/7/07
municipality: ['Leicester']
Text:
  MassDEP entered into two (2) Consent Order with Getty Properties for Waste Site Cleanup violations in Leicester. Getty Properties Corporation of Jericho, New York agreed to establish timelines for the completion of response actions for two releases at a gasoline service station in Leicester. MassDEP previously audited the closure documents submitted relative to the cleanup and found additional work was needed. MassDEP issued Notices of Noncompliance. Getty Properties requested additional time to complete the work and today's Orders were executed to establish formal deadlines. Under the terms of the Order cleanup actions will be completed no later than June, 2008.8/7/07


Date: 8/7/07
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order with Westport Auto Recycling Inc., for Hazardous Waste Management violations in Westport. The company operates an auto-salvaging yard, which plans to cease operations, and is now in the process of removing all of its salvaged motor vehicles and other miscellaneous material. The business has a local junk license and is registered with MassDEP as a generator of hazardous waste and waste oil. The property will be developed for non-auto salvaging purposes after proper closure and cleanup. Today's Order addresses minor hazardous waste management violations, the closure of floor drains at the facility that were found to discharge to the ground. In addition, a full assessment will be done. MassDEP initiated the investigation of this site as a result of local complaints about the facility.


Date: 8/6/07
municipality: ['East Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty regarding Wayside Farms (Cavendish Place LLP) for Groundwater Discharge violations in East Bridgewater. Wayside Farms failed to obtain final plan approval for its permit prior to construction of the wastewater treatment facility and collection system in violation of the Massachusetts Clean Water Act. Wayside was ordered to cease all construction until final approvals were obtained (MassDEP issued final approval on 10/26/06). In addition to the Penalty, a Supplemental Environmental Project (SEP) with an estimated value of $2,875 will be conducted by Wayside. Under this SEP, Wayside will assist the Taunton River Watershed Alliance (TRWA) for their ongoing Water Quality Project for the Taunton River.


Date: 8/6/07
municipality: ['Holbrook']
Text:
  MassDEP entered into a Consent Order with the town of Holbrook, for Water Pollution Control violations in Holbrook. Under today's Order, Holbrook agrees to a revised plan and schedule that the town will undertake to continue to address the rehabilitation and maintenance of the municipal sewer system. The revised plan and schedule covers the work on infiltration and inflow ("I/I") investigation and rehabilitation work. I/I reduction within the town's sewer system is necessary to eliminate extraneous peak flows. By reducing extraneous I/I the town will preserve capacity in the municipal system and the downstream regional collection system. Since the signing the original Order, the town has made substantial progress in completing the requirements. The town has provided updated information on the condition of the sewer system and estimates of the remaining excessive I/I within system. As a result of the work completed thus far and the updated information, the town requested revisions to the original plan and schedule. MassDEP has concurred with the requested revisions and updates to the plan and schedule of the original Order.8/3/07


Date: 8/3/07
municipality: ['Mendon']
Text:
  MassDEP concluded an expedited review of the Mendon Clough School for a Water Supply permit. The permit for a treatment system for School in Mendon was made urgent and necessary when the school reported a mid-July exceedance of the maximum contaminant level for perchlorate.


Date: 8/3/07
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with a $25,000 regarding Empire Recycling & Rubbish Removal, LLC for Waste Site Cleanup violations at 36 Sterling Road in Billerica. Empire is the owner/operator of a paper recycling facility at this location where it failed to notify MassDEP as soon as possible, and within two hours, of a release of several hundred gallons of hydraulic oil from equipment at the facility. This release impacted not only the facility's property but also an adjacent wetland area. Additionally, Empire (a) undertook Immediate Response Actions without MassDEP approval, (b) they undertook Immediate Response Actions without engaging a Licensed Site Professional, (c) they transported contaminated debris off-site without using a hazardous waste manifest or bill of lading, and (d) they conducted response actions in a manner that did not comply with requirements articulated by MassDEP emergency response personnel. Today's Order establishes specific deadlines for Empire to undertake appropriate response actions and provide required documentation to MassDEP in order to return to compliance. MassDEP agreed to suspend $10,500 of the Penalty pending compliance. In addition, the Order contains stipulated penalties of $1,000 per violation per day for any future violations.


Date: 8/2/07
municipality: ['Brookline']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty involving Mordecai Danesh for Waste Site Cleanup violations at 1565 Beacon Street in Brookline.Danesh owns this property where timelines on the cleanup have not been met. This site has been in the system since 2002.Today's enforcement action will lead to the cleanup of gasoline-contaminated groundwater and soil that originally emanated from an underground storage tank. The property is currently an apartment building.  Danesh has agreed to certain phase reports, Immediate Response Action status reports and a final outcome to return to the site to compliance. Clean-up on this site will aid in protecting the tenants from possible air (volatile organic compounds) contamination and provide opportunities for the property to continue to be of beneficial and productive use.


Date: 8/1/07
municipality: ['Marlborough']
Text:
  MassDEP entered into a Consent Order with a $15,950 Penalty involving the City of Marlborough for Water Pollution Control violations at the Westerly Wastewater Treatment Plant. Conditions at the Westerly facility resulted in a release of approximately 6,000 gallons of magnesium hydroxide into the Assabet River. The discharge resulted in elevated pH levels in the river extending from plant outfall several miles down stream. MassDEP monitored stream quality until the affects of the spill dissipated. The unauthorized release constitutes violations of the city's permit (National Pollutant Discharge Elimination System). Today's Order requires the city to upgrade spill containment around the chemical storage tank and repair the defective high-level alarm. The city must also implement a notification plan to alert local, state and federal agencies in the event of any future by-pass or release. MassDEP agreed to suspend $14,950 of the Penalty pending compliance with the terms of the Order. When implemented, the system will result in protection of the Assabet River from any unauthorized releases of chemicals.8/1/07


Date: 7/31/07
municipality: ['Burlington', 'Woburn']
Text:
  MassDEP executed a Consent Order with a $17,250 Penalty regarding G & H Realty Trust, in Woburn for Water Pollution Control violations. George W. Gately, Jr. and Edward A. Hovsepian, co-trustees of a subdivision, failed to obtain a sewer extension permit before building the site infrastructure. MassDEP agreed to suspend $5,250 of the Penalty pending full compliance. Five of the fifteen lots were in various stages of construction and two more houses were already occupied and discharging sewerage prior to MassDEP's settlement of the case. MassDEP has the city of Woburn under an Order related to on-going sanitary sewer overflows to both Vine Brook in Burlington and Horn Pond in Woburn. Woburn has municipal drinking water wells adjacent to Horn Pond and Burlington draws drinking water from Vine Brook. As a result of MassDEP involvement, both municipalities are working to reduce Infiltration and Inflow (I/I) entering their respective sewerage collection systems and have long established I/I Banks to assist with I/I removal. Woburn currently has a 10


Date: 7/31/07
municipality: ['Northampton']
Text:
  MassDEP issued a Unilateral Order to the city of Northampton for Air Quality (odor) violations. MassDEP issued the Order due to recent flare outages that have resulted in off-site odor complaints. The problem with the system has not been identified despite investigation by several entities. Today's Order requires the town to provide full-time oversight of the landfill system until such time as successful retrofit is designed and installed.


Date: 7/31/07
municipality: ['Raynham']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving, Noblin Realty Trust of Raynham for Water Supply violations. The Trust was operating a public water supply without MassDEP approval. The Trust has now agreed to either, register - and conduct testing - or, connects to an existing water supplier.


Date: 7/31/07
municipality: ['Raynham']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving King Phillips Realty Trust of Raynham. The Trust was operating a public water supply without MassDEP approval. The Trust has now agreed to either, register - and conduct testing - or, connects to an existing water supplier.


Date: 7/31/07
municipality: ['Raynham']
Text:
  MassDEP entered into a Consent Order with a $9,750 Penalty involving the King Phillip Realty Trust of Raynham. The Trust was operating a public water supply without MassDEP approval. A previous notice of noncompliance was issued against this particular facility. The Trust has now agreed to either, register - and conduct testing - or connects to an existing water supplier.


Date: 7/31/07
municipality: ['Holbrook']
Text:
  MassDEP and the town of Holbrook agreed to an Amended Consent Order involving compliance with Water Pollution Control regulations. The agreement involves a revised plan and schedule for the town to address the rehabilitation and maintenance of the municipal sewer system. Today's agreement sets forth a revised schedule for work on reducing/eliminating infiltration and inflow ("I/I") into the system. Reducing I/I flows into the sewer system is necessary to eliminate extraneous peak flow and preserve capacity in the regional collection system. While the town has made substantial progress in completing the requirements, the town has provided updated information on the condition of the sewer system and estimates the remaining excess I/I within the system. The town requested revisions to the original plan and schedule based on the updated information gathered during repair work. After a review of the work, the updated information and the requested revisions, MassDEP concurs and issued today's amended schedule.


Date: 7/30/07
municipality: ['Otis']
Text:
  MassDEP issued a Boil Order to Otis Poultry Farm, Inc. in Otis. The Farm is a registered public water system (transient non-community) and operates a country store-cafe. No poultry processing is done at this facility. The Order was issued as a result of total coliform bacteria and E. coli detections in both routine and repeat samples. The facility was ordered to boil water, to post notices, and to investigate the problem. The owners chose to close the facility. [The Boil Order was lifted on August 3, 2007 with the installation of permanent disinfection and sufficient chlorine residual in the system.] The septic system within Zone I and a lifted casing are suspected sources of the contamination. An inspection of the septic system, nitrate sampling, and permit submittal are part of required follow-up actions. The local board of health, MassDPH, and USEPA were informed of the actions and requirements.


Date: 7/23/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with Boston Bay View of Boston Associates, LP, for Waste Site Cleanup violations at 1380 Columbia Road in Boston. The company owns this property and has failed to submit cleanup reports even after MassDEP issued a Notice of Noncompliance on 5/3/07. Today's Order requires the owners to submit a Phase I report and a tier classification (status) by no later than 3/30/08. In addition, stipulated penalties are established for any missed deadlines.


Date: 7/26/07
municipality: ['Canton', 'Marion']
Text:
  MassDEP issued a Demand for a $10,500 to Cumberland Farms of Canton for a previously suspended Penalty. The company failed to comply with Air Quality (gas-vapor recovery) requirements for a company-owned gasoline station located in Marion. Prior to dispensing gasoline at the station, the equipment was not tested and was operated after a major modification without testing. In 2006 via a negotiated settlement, Cumberland Farms agreed to a $23,000 penalty of which $12,000 was paid and $10,500 was suspended pending compliance with the terms of the Order for one year. Cumberland Farms assured MassDEP that they would maintain adequate checks and balances to prevent testing problems in the future.


Date: 7/26/07
municipality: ['Framingham']
Text:
  MassDEP issued a $56,360 Penalty to Brazilian Community Christian Church, Inc., for Asbestos violations at 125 Irving Street in Framingham. MassDEP responded to a complaint from the Framingham Board of Health indicating that asbestos containing materials were removed and stored improperly at 125 Irving Street in Framingham. Upon arrival at the site, MassDEP personnel observed several bags of dry friable asbestos containing pipe insulation stacked against a fence next to an occupied house. In addition, friable asbestos containing debris was observed on the parking lot and other items in the pile with the bags. MassDEP observed dry friable uncontained asbestos containing debris in the two-story commercial building, which was undergoing renovation. Uncertified workers without notifications or precautions had improperly removed the asbestos containing material. During the cleanup the licensed asbestos removal contractor hired by the Brazilian Community Church, Inc decontaminated and disposed of in excess of 17,068 square feet of asbestos and debris. Today's action was taken as a result of the violations observed at the site and continuing noncompliance.


Date: 7/26/07
municipality: ['Framingham']
Text:
  MassDEP issued a Unilateral Order and a $59,000 Penalty Assessment Notice to Aoude Petroleum Corporation for Waste Site Cleanup and violations at 655 Waverly Street in Framingham. Aoude, as owner and operator of the site at had previously entered into Consent Order with MassDEP in 1996 for previous violations. A second Order with MassDEP was reached in 2001 following additional violations of MCP requirements and timelines. Today's Order follows persistent violations by Aoude. Following further settlement discussions, the present Order was issued to require the continuation and completion of MCP response actions, including the submittal of a final outcome statement or equivalent by 1/26/08. Aoude will be subject to civil administrative penalties of up to $25,000 per violation per day for any future violations.


Date: 7/26/07
municipality: ['Chelmsford']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty regarding Pondview Place Trust for Waste Site Cleanup violations at 11 School Street in Chelmsford. Dr. Anil Kumar, signatory for the trust, which owns and operates the property, failed to meet deadlines set out in a previous Consent Order executed on 3/6/07. Today's Order, in addition to the Penalty, requires a completion statement by 1/30/08 and stipulated penalties for any missed deadline.


Date: 7/24/07
municipality: ['Grafton']
Text:
  MassDEP entered into a Consent Order with the Silver Spruce Montessori School, LLC of Grafton to establish a legally enforceable schedule for the development of an approved public water supply at the school. Today's Order requires the owners to operate the existing on-site well in accordance with the requirements under a non-transient, non-community system. The school must submit the appropriate permits to MassDEP for approval, and complete any required upgrades to the well. The owners will also be required to demonstrate compliance with the septic system (Title 5) regulations. The owners agree to connect to existing municipal water if it becomes available in their area. This action will ensure the school continues to provide a public water supply that is safe and fit to drink.


Date: 7/24/07
municipality: ['Templeton']
Text:
  MassDEP entered into a Consent Order with the Templeton Fish and Game Club, Inc. of Templeton for Water Supply and Water Pollution Control violations. The owners have agreed to develop a public water supply, in full compliance with all appropriate regulations, at the Club's function hall. Today's Order also contains a schedule to bring the septic (Title 5) systems located throughout the Club properties into compliance. This will be accomplished through inspections and a comprehensive site survey of all lots on the property.


Date: 7/24/07
municipality: ['West Brookfield']
Text:
  MassDEP entered into a Consent Order with a $4,500 Penalty involving C&N Gas and Oil, Inc., for Waste Site Cleanup violations in West Brookfield. C&N failed to adequately conduct response actions at its disposal site located on West Main Street in West Brookfield. An inspection at the Site revealed that the company had failed to retain a process diagram for its remedial treatment system on site, and that it had failed to have a Licensed Site Professional oversee the response actions for an approximately 8-month period. That lack of oversight caused the treatment system to automatically shut down, leaving gasoline-contaminated groundwater untreated. The Order establishes new timelines for the satisfactory completion of response actions, and revision of submittals already made.


Date: 7/24/07
municipality: ['Northborough']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty regarding Sack Storage, Inc. for Waste Site Cleanup violations at its Northborough facility. Sack Storage, Inc., a Worcester-based transportation company, owns a tractor-trailer unit that overturned and hit a sewage pump station located on Lyman Street in Northborough. Diesel fuel was released, impacting the pavement and soil underlying the area where the vehicle came to rest. The company then failed to notify MassDEP of the release within the required two-hour period. In addition to the Penalty, the Order requires the development and implementation of a spill contingency plan for company-wide use.


Date: 7/24/07
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with a $15,000 Penalty involving Cumberland Farms, Inc. for Waste Site Cleanup violations in Fitchburg. On 10/12/06, a fuel release occurred at a Cumberland Farms convenience store on River Road in Fitchburg. Local fire officials would notify MassDEP of the release, which impacted a paved area near the fuel dispensing equipment, two storm drains, and a city street, but Cumberland Farms personnel failed to notify. The company also failed to commence cleanup activities within a timely manner. In addition to the Penalty, today's Order requires Cumberland farms to review and revise its training program for all employees.


Date: 7/24/07
municipality: ['Hadley', 'Windsor']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding S&J Land Trust Hadley for Asbestos violations in Hadley. S&J Land Trust of Windsor, Conn., improper handled asbestos building materials during a demolition project. Asbestos-containing building materials were not removed prior to the demolition of a single-family residence. When notified by the MassDEP of the problems, S&J Land Trust cooperated fully in the clean up of the asbestos found at the site. MassDEP has agreed to suspend $2,000 pending compliance for a one-year probationary period.


Date: 7/24/07
municipality: ['Hadley', 'Hatfield']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Dave Wickles Trucking of Hatfield for improper handling of asbestos building materials during a demolition project in Hadley. Asbestos containing building materials were not removed prior to the demolition of a single-family residence. MassDEP inspected 453 River Road Hadley, for purposes of evaluating conditions and making an imminent hazard evaluation. The remains of the demolished house were in the basement and in an open top container next to the site. A post-demolition inspection for asbestos-containing materials showed that some of the building materials contained regulated amounts of asbestos. Wickles cooperated fully in the subsequent clean-up of asbestos found at the site. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance during a one-year probationary period.


Date: 7/23/07
municipality: ['Malden', 'Medford']
Text:
  Suffolk Superior Court Associate Justice Carol Ball entered a Judgment which requires Tony and Ramona Eskanian to pay a penalty of $600,000 for violations of the Massachusetts Contingency Plan (Waste Site Cleanup) and Stage II Vapor Recovery (Air Quality) regulations at four gasoline stations located in Malden and Medford. The Justice required the Eskanian's to clean up contamination at the stations pursuant to a court-ordered schedule, which had been previously prepared by MassDEP. Of the total penalty, $300,000 must be paid and Justice Ball will forgive $300,000 of the penalty if the Eskanian's "fully satisfy all of their cleanup obligations in a timely manner".7/20/07


Date: 7/2/07
municipality: ['Danvers']
Text:
  MassDEP executed a Consent Order with a $3,740 Penalty regarding ST Associates for Hazardous Waste Management violations in Danvers. An inspection by MassDEP in March 2007 found violations the company was using a non-compliant press-cleaning solution and other storage and record-keeping violations. In addition to the Penalty, the company is required to immediately begin use of compliant press wash solutions, and assure that all additional violations identified are corrected. The future use of these compliant solutions will result in the elimination of approximately two tons per year of volatile organic compound (air pollutant) emissions from the facility.7/20/07


Date: 7/19/07
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with the Rose Trust for Waste Site Cleanup violations at 296 Broadway in Lawrence. The Trust (Antonio LaRosa/trustee) failed to meet deadlines set out in a Notice of Noncompliance issued on 6/5/07. New deadlines have now been established that will return the site to compliance with submittals on the status of the cleanup due on 9/6/07 and throughout 2008 culminating in a final outcome statement no later than 12/30/08. In addition, LaRosa has agreed to stipulated penalties ($1,000 a day) in the event of non-compliance with the Order.7/19/07


Date: 7/18/07
municipality: ['Warren']
Text:
  MassDEP executed a Consent Order with West Warren Water District for Water Management Act violations in Warren. Specifically, violations involve the District's water use during 2006 that exceeded registered withdrawal threshold (average of 100,000 gallons per day, without registration or permit). Today's Order requires the District to submit supporting information for actual withdrawals and to apply for a permit if the District exceeded the threshold.7/16/07


Date: 7/16/07
municipality: ['Burlington', 'Woburn']
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty involving John Bardascino, for Water Pollution Control violations in Woburn. Bardascino, owner of a two-lot subdivision, failed to obtain a sewer extension permit before building the site infrastructure for the two-lot single-family home subdivision. One of the two lots was built with a single-family home occupied by Bardascino prior to MassDEP's unannounced site inspection. MassDEP previously entered into Consent Order with the City of Woburn related to on-going sanitary sewer overflows to both Vine Brook in Burlington and Horn Pond in Woburn. Woburn has municipal drinking water wells adjacent to Horn Pond and Burlington draws drinking water from Vine Brook. As a result of MassDEP involvement, both municipalities are working to reduce Infiltration and Inflow (I/I) entering their respective sewerage collection systems and have long established I/I Banks to assist with I/I removal. Woburn currently has a 10


Date: 7/12/07
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with American Marine and Boat Storage, Inc., for Waste Site Cleanup violations at 115 Water Street, in Newburyport. The company owns and operates at the site, and failed to submit timely reports on the cleanup of contamination. MassDEP previously issued a Notice of Noncompliance on 5/11/07. Under today's Order, deadlines have been established to return the site to compliance with the submittal of phase II and III reports by 11/30/07. Thereafter additional reports are due in 2008 with final outcome due no later than 11/30/09. In addition, American Marine and Boat Storage, Inc. agreed to stipulated penalties ($1,000 a day) in the event of non-compliance with the Order.7/11/07


Date: 7/10/07
municipality: ['Hingham']
Text:
  MassDEP entered into a Consent Order with the town of Hingham for Solid Waste violations at the landfill in Hingham. The town owns and operates an unlined solid waste landfill. The Town has not completed an assessment of the landfill and has not completed closure of the landfill. Today's Order requires the town to complete an assessment of the landfill, submit a Corrective Action Alternatives Analysis, and thereafter a Corrective Action Design. In addition, complete closure of the landfill and a closure certification report will follow. Full assessment of the landfill area is necessary in order to ensure appropriate remedial actions are completed. Adequate closure of the unlined landfill will eliminate potential leachate discharge to the environment.


Date: 7/6/07
municipality: ['Bolton']
Text:
  MassDEP issued a Unilateral Order to Frederic J. Freidus as Trustee of the Freidus Realty Trust of 1999 for Water Supply violations in Bolton. Freidus is the owners of a facility known as Bolton Corners located in Bolton. The facility includes an approved public water system that serves tenants at the location, including a food service establishment and a dental office. In response to notification from the facility's certified operator on 7/4/07, recent routine samples detected the presence of total coliform in the distribution system, and that a subsequent sample also detected the presence of e.coli bacteria, MassDEP issued a boil-water order. The Order requires the supplier to notify all users to boil water for one minute before using, complete disinfection and flushing operations, conduct additional sampling, and submit a written report of all actions taken, as well as the analytical results of all samples taken. Today's Order is issued to ensure that the public water supplier continues to provide a safe and reliable source.


Date: 7/6/07
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with Temple Ner-Tamid for Wetlands violations at 368 Lowell Street in Peabody. Responding to a complaint, staff visited the site and found that soils and yard wastes had been piled approximately 20 feet high impacting 3, 200 square feet of Bordering Vegetated Wetland (BVW). The materials had been deposited with knowledge of the Temple over a period of time and come from multiple sources including landscapers, contractors and the city of Peabody. There was no record of any application or authorization for this activity. The Temple has agreed to restore the impacted area, stabilize the buffer-zone slope, and future monitoring. MassDEP has agreed to suspend $8,500 of the Penalty pending one year of full compliance.7/5/07


Date: 7/5/07
municipality: []
Text:
  MassDEP entered into a Consent Order with Rice Oil Company, Inc. for Waste Site Cleanup violations. The company is the responsible party conducting response actions at 451 Bernardston Road in Greenfield. Specifically, violations were for failure to submit a final closure statement by the deadline established in an extension approved on 4/706. Today's Order establishes a new deadline for submittal of completion reports and final outcome statement by 4/2/08. Today's Order also contains a provision for stipulated penalties for any future noncompliance or missed deadlines.


Date: 7/4/07
municipality: ['Newburyport']
Text:
  MassDEP issued a Notice of Noncompliance to New Ventures Associates, LLC (aka Crow Lane Landfill) in Newburyport. MassDEP noted New Ventures failure pursuant to paragraph (9) of a Suffolk Superior Court preliminary injunction entered on 10/20/06 and amended on 11/1/06 and 2/22/07 with regards to activities occurring at the landfill. New Ventures is in noncompliance with one or more provisions of the Order and that New Ventures shall not resume the receipt and placement of construction and demolition 'fines' and 'residuals' at the landfill until such time that compliance with the Order and MassDEP approves the resumption in writing.7/2/07


Date: 7/2/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $36,000 Penalty regarding the Tony and Son Real Estate Investment Trust for Waste Site Cleanup violations in Methuen. The Trust (Rafic Saadi/trustee), which owns the property at 75 Swan Street in Methuen, failed to meet deadlines set out in a Notice of Noncompliance by MassDEP on 1/22/07. Today's Order requires a written request for an extension by 7/30/07, an Immediate Response Action Status or Completion Statement by 9/30/07 and a Phase II Report by 12/30/07. Additional deadlines have been established with a final completion statement due no later than 12/30/09. MassDEP has agreed to suspend $26,000 of the Penalty pending full compliance. Today's Order also contains a stipulated penalty provision for any future missed deadlines.


Date: 7/2/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $22,500 Penalty regarding Eighty Trust for Waste Site Cleanup violations at 25-55 Morrissey Boulevard in Boston (Dorchester). William T. Vrettas, as trustee, has agreed to complete the cleanup. Specifically, violations were for failure to submit final outcome statement within the deadline. Previously, MassDEP had issued a Notice of Noncompliance on 5/23/06. New deadlines have now been set to return to compliance no later than 8/31/07. MassDEP has agreed to suspend $15,000 pending full compliance.


Date: 7/2/07
municipality: []
Text:
  MassDEP issued a Notice of Responsibility and Notice of Response Action (NORA) to New Ventures Associates, LLC and William Thibeault (individually) directing them to undertake response actions at the Crow Lane Landfill to control and mitigate the continuing release of landfill gas from the site. The NORA requires that New Ventures and Thibeault respond in writing to the MassDEP by 7/16/07 as to whether or not they intend to perform the Response Actions. The NORA provides that if their response is inadequate or incomplete, or they fail to undertake the necessary response actions in accordance with the MCP, MassDEP may perform the necessary response actions and take appropriate legal action against them, including cost recovery activities. In addition, NERO issued notice to New Ventures in accordance with the Financial Assurance Mechanism for the project of the MassDEP's intent to inform the Trustee that New Ventures had failed to perform closure or corrective action activities required by the MassDEP.


Date: 7/2/07
municipality: ['Georgetown']
Text:
  MassDEP entered into a Consent Order with a $28,750 Penalty involving the George West Realty Trust for Waste Site Cleanup violations at 43-51 West Street in Georgetown. The Trust, (with Richard Morello, Jr. and Jean M. Paquin as trustees) owns the location, the former Tidd's Used Auto Parts. Today's Order was issued after deficiencies in the Phase II report (relative to the cleanup) and for non-submittal of Phase III and Phase IV reports. MassDEP has agreed to suspend $14, 750 of the Penalty pending full compliance with future deadlines.


Date: 6/29/07
municipality: ['North Attleborough']
Text:
  MassDEP issued a $318,276.40 Penalty Assessment Notice to Blackinton Commons, LLC, for Waste Site Cleanup violations at 140 & 148 Commonwealth Avenue in North Attleborough. Blackinton Commons is involved in the re-development of a former jewelry manufacturing factory site into residential condominiums. 4/13/06, MassDEP issued a Notice of Noncompliance to Blackinton after an audit of Blackinton's reports [originally submitted by its consultant FSL on 12/29/05] relative to the cleanup revealed that a failure to meet the standard of care, performance standards and other requirements. The NON required Blackinton to Tier Classify (in order to complete additional required response actions at the Site) within 30 days of receipt of the NON. To date, Blackinton has not complied with this requirement and has not corrected other violations identified in the NON. MassDEP is currently negotiating a Consent Order with Blackinton to complete required response actions.


Date: 6/29/07
municipality: ['Oak Bluffs']
Text:
  MassDEP issued a Demand Letter for $20,000 in Stipulated Penalties to RM Packer Company, Inc. relative to the cleanup of the former Ben David Motors site located on Lake Avenue in Oak Bluffs. The company failed to comply with the deadlines and requirements established in a Consent Order signed with MassDEP on 4/18/06. MassDEP originally executed the Order with Cottage City Land Company, Inc. to resolve noncompliance issues for the site. A deadline of 4/30/07 was established for submittal of both a Phase II Comprehensive Site Assessment Report (Phase II) and a Phase III Remedial Action Plan. Prior to the deadline, MassDEP was assured that the necessary documents would be submitted to MassDEP and in a timely fashion. On 5/10/07, an Interim Phase II and a Phase II Scope of Work were received but not the required documents.


Date: 6/29/07
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with Brittany Dye and Printing Corporation for Air Quality violations at its New Bedford facility. In response to odor complaints, MassDEP inspectors found conditions of air pollution in the abutting residential neighborhood. The facility submitted a voluntary compliance schedule, which included dates for evaluating and conducting odor emission testing, fugitive emission and stack emission testing to determine compliance with the MassDEP's Chemical Health Effects Assessment Methodology and guidance for organic compounds. The facility must also submit a plan that brings the facility into compliance including so-called, Best Available Control Technology (BACT) relative to controlling odors emitted from the facility.


Date: 6/28/07
municipality: ['Uxbridge']
Text:
  MassDEP executed a Consent Order with LTI Uxbridge Stanley Limited Partnership for Waste Site Cleanup violations at the former Stanley Woolen Mill on Mendon Street in Uxbridge. LTI has now agreed to timelines for the completion of the assessment and remediation of the site. The disposal site was originally identified in 1989; however, the prior owner failed to conduct the required actions. LTI acquired the property in 2005. The schedule established by today's Order is compatible with the planned development of this Brownfields site, and requires completion of the necessary actions by 2010.


Date: 6/28/07
municipality: ['Medway']
Text:
  MassDEP entered into a Consent Order with a $10,086 Penalty involving Aoude Gas & Repairs Service, Inc for Waste Site Cleanup violations at its Main Street property in Medway. Aoude failed to meet response action deadlines. In August 1997, soil contamination was discovered at the property during the removal of three 4,000-gallon underground storage tanks. MassDEP had issued a Notice of Noncompliance to Aoude, and in April 1998, the company submitted preliminary information describing contaminant conditions, and provided a plan for site cleanup. However, since those submittals in 1998, the company has failed to provide any further documentation, as required. Under the terms of today's order, in addition to the Penalty, the company has agreed to complete required activities under an accelerated cleanup schedule.


Date: 6/28/07
municipality: ['Hadley', 'West Boylston']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding James Hadley, d/b/a Autowright Motor Company for Waste Site Cleanup violations at the company's facility on West Boylston Street in West Boylston. Hadley failed to complete and submit a Phase II Comprehensive Site Assessment. MassDEP initially issued a Notice of Noncompliance to Hadley for this violation in February 2006. Hadley failed to return to bring the site into compliance. In addition to the Penalty, now, Hadley has now agreed to fully assess and complete the necessary cleanup by May 2008; MassDEP has in turn agreed to suspend $6,500 of the Penalty pending compliance.


Date: 6/28/07
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty regarding Northern Pelagic (NORPEL) Group, LLC, for Clean Water Act violations in New Bedford. NORPEL operates a facility in New Bedford that processes and distributes fish (herring and mackerel) for resale. During February, March and April 2006, MassDEP received several complaints regarding discharges to the Acushnet River from NORPEL. On 5/4/06, MassDEP found during an inspection and review of local records the violations of the federal Clean Water Act, the Massachusetts Clean Waters Act, and the Massachusetts Surface Water Discharge Permit regulations. Today's Order requires NORPEL to cease all un-permitted discharge of pollutants to the Acushnet River; NORPEL, however, intends to continue discharging process water to the City's sewer system in accordance with its permit. Should NORPEL decide to discontinue use of the city's system, NORPEL will apply for any appropriate approvals.


Date: 6/28/07
municipality: ['North Attleborough']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving the Boro Sand & Stone Corporation for Solid Waste and Groundwater Discharge violations in North Attleborough. Boro is, a ready-mix concrete facility that MassDEP inspected on 3/31/07, and observed the violations specifically the operation of floor drains. The Order requires that Boro Sand & Stone Corp. immediately cease and desist discharge of oil/pollutants from the floor drains and the cement truck chutes to the ground surface. Today's Order also establishes an aggressive schedule to close out the floor drains as well as correct the solid waste violation.


Date: 6/28/07
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with a $9,750 Penalty involving Rita O'Brien and William Settipane for Wetlands violations at 454 Broadway in Revere. The location is a trailer park where MassDEP was inspecting an adjacent property and found evidence of newly disturbed soils and a trailer partially located in a Bordering Vegetated Wetland (BVW). It was discovered that Settipane had recently reconfigured his trailer placement into the BVW and performed extensive "clean up" activities in connection with a pending purchase of the entire trailer park from O'Brien. The "clean up" activities, including removal of solid waste, were ordered by the city of Revere. However, the activities took place within BVW and Buffer Zone, altering approximately 2,000 square feet of BVW, without any WPA filings or authorization by the Revere Conservation Commission. In addition to the Penalty, today's Order requires removal of the trailer from the BVW, restoration of the BVW, planting/ stabilization and five (5) years of monitoring. MassDEP has agreed to suspend $4,750 of the Penalty pending compliance by 10/31/12.6/28/07


Date: 6/27/07
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with Robert and Debra Witt for Wetlands violations on Greenwich Road in Hardwick. The Witts undertook construction of a new agricultural field for raising cattle (Map 80 Lot 11). The actions involved cutting and removing vegetation within a Bordering Vegetated Wetland (BVW) without first filing a Notice of Intent and issuance of a final valid Order of Conditions. Site work took place between 2003 and 2005 as was revealed by the MassDEP Wetlands Change aerial photos. Prior to undertaking the activity, the owners had met informally with the local conservation commission, and verbally advised that no permitting was necessary for the project. Today's Order requires the filing of a Notice of Intent and involves retaining a qualified person(s) to prepare a plan to restore, construct and fully stabilize the replacement area (.56 acres of BVW) no later than 6/1/08.


Date: 6/27/07
municipality: []
Text:
  MassDEP issued a Demand for a $500 Penalty to Janelon Trust for failure to comply with agreed upon requirements to restore wetlands. Janelon failed specifically to nominate the contractor and designate a foreperson responsible for implementing a restoration plan of a stream and a pond serving a state salmon hatchery.6/27/07


Date: 6/27/07
municipality: ['Middleton']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Nancy and Douglas Hart for Wetlands violations at their 11 Thunderbridge Lane property in Middleton. As the result of a telephone complaint about many truckloads of fill arriving at the site, MassDEP found that approximately 2,500 square feet of Bordering Land Subject to Flooding (BLSF), and areas of Buffer Zone, were covered with multiple 10 foot high piles of fill not yet spread. The property contains a single family home and a horse boarding business with structures and paddocks constructed under a previously issued local Order of Conditions. However, no order or application for this new filling activity was on record. This work was intended to raise the elevations in the paddock areas that often flood. Today's Order requires removal of the fill, restoration of the altered BLSF (particularly flood storage volume) and Buffer Zone (including moving fencing and planting) and monitoring.


Date: 6/26/07
municipality: ['Millville', 'Taunton']
Text:
  MassDEP issued a Demand for $90,000 in Stipulated Penalties involving BATG Environmental, Inc., for its failure to comply with required activities in connection with the closing of a landfill in Millville. The company, which is based in Taunton, is involved with the closure of an inactive, unlined landfill located in Millville. Specifically, the company failed to complete specific activities in accordance with the timelines established in a June 2006 Consent Order with the Department.


Date: 6/26/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,720 Penalty involving Budget Truck Rental Inc for Hazardous Waste Management violations at its facility in Braintree. A multi-media inspection revealed the company had not complied with requirements for generators of waste oil and hazardous waste such as ensuring proper registered status, conducting waste accumulation area inspections and providing training to employees who handle the wastes. In addition to the Penalty, the facility will be brought back into compliance and applicable regulations.


Date: 6/26/07
municipality: []
Text:
  MassDEP executed a Consent Order with an $8,500 Penalty involving RDA Construction Corporation for Solid Waste and Water Quality violations in Boston Harbor. RDA was working as a contractor for Massachusetts Division of Marine Fisheries to construct an artificial reef on the Boston Harbor seafloor. During construction of the reef by RDA, pieces of carpeting and carpet padding were deposited among with the large boulders in sections of the reefs. After failing to remove the carpeting after being directed to do so by MassDMF and MassDEP, the contractor has now done so. Today's Order settles an appeal of a Penalty Assessment Notice previously issued to RDA.


Date: 6/25/07
municipality: ['Westminster']
Text:
  MassDEP executed a Consent Order with a $27,000 Penalty involving Pinetree Power Fitchburg, LLC, for Air Quality violations in Westminster. The facility burns wood chips as its primary fuel, but also burns landfill gas and paper cubes as secondary fuels to generate approximately 16-megawatts of electricity. During a review of emission monitoring reports conducted last year, it was determined that the company had exceeded emission limits for Nitrogen Oxides, Opacity, Carbon Monoxide, and Ammonia. Today's Order requires the company to comply with emission limitations. The company has agreed to conduct a Supplemental Environmental Project (SEP) in which it will collect and process brush and wood chips from local roadway maintenance projects. MassDEP agreed to suspend $25,250 of the Penalty pending compliance. In addition, the SEP will allow for the proper processing of library discards, or old library books, into fuel cubes.


Date: 6/25/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty regarding 74 CommAV, LLC for Asbestos violations at 74 Commonwealth Avenue in Boston. MassDEP personnel responded to a complaint alleging illegal asbestos removal and found visible asbestos debris in the boiler room of the property. MassDEP has agreed to suspend $11,050 pending compliance for one year.6/25/07


Date: 6/25/07
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with James Tobin and Jennifer Manning for Wetlands violations at 217 Nashua Road in Billerica. Tobin and Manning recently purchased the property. Today's Order requires them to comply with a previous Consent Order (agreed to by the prior owners) for this property. Today's Order requires two full growing seasons of monitoring and reporting on 1,329 square feet of recently restored Bordering Vegetated Wetland and submittal of a request for a final Certificate of Compliance no later than 12/31/08.6/23/07


Date: 6/22/07
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with a $4,025 Penalty involving Kochman Reidt & Haigh, Inc., for Air Pollution and Hazardous Waste Management violations in Stoughton. A multi-media inspection by MassDEP found the company failed to maintain compliance with coating limitations and failed to maintain records of


Date: 6/21/07
municipality: ['Bolton']
Text:
  MassDEP entered into a Consent Order with Robert Davis, Trustee, Davis Farm Trust relative to Water Supply compliance in Bolton. The Davis Farm Trust owns Bolton Orchards located on Still River Road in Bolton. Today's Order establishes a schedule for the development of a new, compliant public water supply well to serve the facility. Bolton Orchards is currently a registered Transient Non-Community Public Water System with a non-compliant, restricted Zone 1. Today's Order further allows the facility to proceed with the addition of an ice cream counter. As a result, a new compliant well is permitted and constructed on the property. As an interim measure, an outside source of water will be used for on-site irrigation purposes, thereby reducing the water usage from the existing well. This ensures the ongoing quality and quantity of water being served to the public will continue to meet regulatory standards while a new well is constructed.


Date: 6/20/07
municipality: ['Norton']
Text:
  MassDEP issued a Unilateral Order and $30,000 Penalty Assessment Notice to WBAS Development Corporation for Waste Site Cleanup violations on Maple Street in Norton. The owner, Frank McGuire, failed to respond to a Notice of Noncompliance sent on 2/15/07. The company also failed to respond to a similar NON sent four (4) years earlier on 2/19/03. Both NON's required the following


Date: 6/20/07
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with Richard J. and Lucy M. Lukason for Water Supply violations in Sutton. The Lukasons are owners of the Country Montessori Preschool of Sutton. They have agreed to an enforceable schedule for development of an approved non-transient, non-community public water supply (NTNC) system at their facility. The owners are required to operate the on-site well in accordance with the requirements for a NTNC public water supply, submit the appropriate permits to MassDEP for approval, and complete any required upgrades to the well. The owners also agree to tie into municipal water if it becomes available in their area. This action will ensure that up to sixty-nine (69) students and eleven (11) faculty members served by this public water supply will continue to receive water that is safe and fit to drink.


Date: 6/20/07
municipality: ['Adams']
Text:
  MassDEP executed a Consent Order with a $8,900 Penalty involving the Holland Company, for Water Pollution violations in Adams. On 3/4/07, the company released up to 15,000 gallons of a commercial liquid aluminum sulfate ("alum") at its chemical manufacturing facility in Adams. The company, which reported the release on 3/5/07, attributed the release to operator error and the failure of a sump pump. Immediately following the release, the company implemented cleanup activities. MassDEP issued a Unilateral Order on 3/14/07 requiring the company to continue with corrective actions. In 2005, Holland Company had entered into a Consent Order with MassDEP, as a result of chemical spills at its facility. One of the requirements of that enforcement action was for the company to develop and implement a spill prevention, control and contingency plan. The company, which has been cooperating with MassDEP, continues to implement that plan.6/20/07


Date: 6/19/07
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $14,740 Penalty involving Springfield Terminals, Inc. (STI) for Waste Site Cleanup violations at 145 Armory Street in Springfield. STI operates a large bulk oil storage terminal where it discharged up to 3,000 gallons of oil to the City's publicly owned treatment works. The fuel oil leak began on 12/31/06, due to a leak in piping from a 500,000-gallon capacity aboveground oil storage tank. Fuel oil was released into a containment dike surrounding the aboveground tank, but was pumped to the sewer system by a sump pump that had been installed by STI to remove water accumulation in the dike. The sump pump had been left to run automatically, and discharged a mixture of water and oil onto the parking lot of the facility. The spill was discovered on 1/1/07. MassDEP was notified of the spill on that date and responded to find that STI had undertaken immediate steps to contain and cleanup the spill. However, the majority of the spill entered a storm drain that discharged to the city's sewer system, and could not be recovered. MassDEP has now agreed to suspend $4,620 of the Penalty provided STI meets specific cleanup deadlines, submits a copy of a revised plan (relative to spill control) and retains an engineer to assess surface water accumulation and groundwater infiltration into the containment dike. STI has discontinued use of the site and has emptied the storage tank pending resolution of the water issues.


Date: 6/19/07
municipality: ['Blandford']
Text:
  MassDEP issued a Unilateral Order to the town of Blandford for Water Pollution violations. The Order requires the town cease the discharge of the elementary school wastewater into Potash Brook.6/19/07


Date: 6/18/07
municipality: ['Westford']
Text:
  MassDEP entered into a Consent Order with Fletcher Granite Company, LLC for Wetlands violations abutting the company's location at 534 Groton Road in Westford. The violation was identified using aerial photography and consisted of unauthorized fill and alteration to 1,000 square feet of property that occurred from maintenance and enlargement of an access roadway into both properties. Under a previously executed Consent Order, Fletcher Granite offered to restore the altered area through this separate ACO, contingent on getting an access agreement from the abutting property owner, while not admitting responsibility for the violation.


Date: 6/15/07
municipality: []
Text:
  MassDEP entered into a Consent Order with Fisher Realty Trust for Waste Site Cleanup violations at 58 Grove Street in Middleboro. The Trust failed to comply with the deadlines established for cleanup actions. MassDEP identified violations of cleanup requirements during an audit, specifically of the final outcome statement and the activity and use limitation applicable to this site. Under today's Order, a sixty-day deadline has been 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, however, establishes what the specific deadlines are for completing certain tasks required to correct the violations.


Date: 6/15/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $27,500 Penalty involving Janelon Five Trust for Wetlands violations at Burleigh Estates Subdivision on Warren Street in Palmer. Construction of the residential subdivision that resulted in severe impacts to downstream wetland and stream areas, including a water supply pond used by the Massachusetts Division of Fisheries and Wildlife for raising Atlantic salmon. On 7/7/06 MassDEP inspected the site and observed impacts of 8,000 s.f. of bordering vegetated wetlands 1,919 s.f. of Bank, 1.6 acres Land Under Water (hatchery pond), 8,000 s.f. of Riverfront Area, and 5,400 s.f. of Bordering Land Subject to Flooding. Although the impacted resource areas were remote from the removal of all vegetation and destabilization of 10 acres of upland caused significant quantities of sediment to migrate from the site, roads and storm sewers and discharge to the resource areas. The Order requires restoration of the pond by 7/20/07 and stabilization of impacted wetland areas to prevent additional discharges of sediment from entering the pond. In addition to today's Penalty, additional stipulated penalties are set forth if the company fails to comply. In reaching today's Order, MassDEP coordinated closely with Fisheries and Wildlife.6/15/07


Date: 6/15/07
municipality: ['Westford']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving the Ideal Concrete Block Company for Water Supply violations at its facility in Westford. The company operates an unapproved public water system. The facility has reportedly been using its on-site well for potable water for 29 years. Given the current number of employees, Ideal Concrete Block is operating as a Non-Transient Non-Community Public Water System. In accordance with today's Order, the company will hire a Certified Drinking Water Operator for its water system, install a water meter, conduct all required monitoring, conduct a cross connection survey, prepare a lead/copper sampling plan, and prepare a plot plan showing all potential sources of contamination. MassDEP has agreed to suspend the entire Penalty pending full compliance with today's Order.


Date: 6/15/07
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with an $18,000 Penalty regarding the city of Everett for Water Supply violations in Everett, specifically the city's lack of primary and secondary certified operators for its municipal public water system. Today's Order replaces a 5/10/07 Unilateral Order. Everett will hire primary and secondary certified operators within 30 days. MassDEP agreed to suspend the entire Penalty pending compliance.


Date: 6/14/07
municipality: []
Text:
  MassDEP entered into a Administrative Consent Order with a $1,250 Penalty with Alvin Hollis Company for Hazardous Waste Management violations at the company's South Weymouth facility. A multi-media inspection revealed


Date: 6/14/07
municipality: ['Provincetown', 'Truro']
Text:
  MassDEP issued an Emergency Water Declaration to the town of Provincetown to authorize the temporary use of two wells in the Cape Cod National Seashore. These surplus wells formerly supplied the former North Truro Air Force Base, which no longer exists. The wells have been utilized by Provincetown to meet the maximum day demand that occurs during the summer months. This water system can experience demands of 2 million gallons per day. The Seashore has allowed the use of the wells as Provincetown tries to find new sources of supply. The Town of Truro and Town of Provincetown have recently entered into an agreement to allow Provincetown into Truro to explore for new sources of water supply in Truro. Test wells have been installed at one of two promising well sites and an aquifer pump test program will be initiated.


Date: 6/14/07
municipality: ['Shirley']
Text:
  MassDEP entered into a Consent Order with a $5,495 Penalty regarding Massachusetts Department of Correction (DOC) for Water Supply violations in Shirley. DOC operates a community public water system at the MCI-Shirley correctional facility complex, and has agreed to a schedule for the facility to come into compliance with corrosion control requirements, arsenic rule requirements, reporting requirements, and other operational deficiencies identified during a sanitary survey inspection of the facility. The Order further requires that while the facility is being permitted for the necessary arsenic removal treatment, one well will remain off-line to assure that the facility remains in compliance with the arsenic drinking water standard. Through this action, DOC will continue to provide safe and pure drinking water to the 3,500 persons served daily.


Date: 6/13/07
municipality: ['Otis']
Text:
  MassDEP entered into a Consent Order with an $18,550 Penalty regarding Jeffrey and Teresa Daignaults for Wetlands violations at 408 Pine Road in Otis. The Daignaults undertook construction of docks, decks, and a fill/stone retaining wall along the bank of Otis Reservoir without first filing a Notice of Intent and receiving a valid Final Order of Conditions and a Chapter 91 License for these structures. Construction impacted 100 ft. of Bank, and 2,500 s.f. of Land Under Water at the reservoir, which is a Great Pond of the Commonwealth. MassDEP initiated this enforcement action in response to a request for enforcement assistance by the town. The town (through its conservation commission) issued an enforcement order to the Daignaults. Today's Order with MassDEP requires the Daignaults to submit a proper and complete revised Notice of Intent, and Chapter 91 License within 15 business days. The Order also requires removal of certain structures. MassDEP has agreed to suspend $9,300 of the Penalty pending compliance with the Order.6/13/07


Date: 6/13/07
municipality: ['Lee', 'Tyringham']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving the Goose Pond Maintenance District for Wetlands violations at the Goose Pond dam in Tyringham and Lee. The District commenced fall drawdown of Goose Pond during the 2005 season without filing a Notice of Intent or without having obtained a valid final Order of Conditions allowing the work. The work commenced after MassDEP had already provided regulatory guidance on this issue and the issuance of drawdown of the lake. An annual 4-foot drawdown had taken place for decades at the 246-acre Great Pond without any permits. MassDEP agreed to suspend $19,250 of the Penalty pending compliance with the Order including that the District submit a proper and complete Notice of Intent before the commencement of any 2007 drawdown.


Date: 6/13/07
municipality: ['Charlton']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty regarding ConocoPhillips Company for Water Supply violations in Charlton. ConocoPhillips operate a fueling station located at the Mass Turnpike Service Area 5 East in Charlton. In August 2002, MassDEP was notified that a release of gasoline at the Service Area had impacted a public water supply well at the Juniper Hills Apartments. MTBE is a gasoline additive that was detected in this water supply, but at concentrations below the drinking water guideline. MassDEP then approved an Immediate Response Action Plan that proposed the installation of a treatment system on the water supply to mitigate/eliminate the exposure pathway. However, by June 2006, ConocoPhillips submitted a final cleanup report, that failed to install the previously approved system. In addition to the Penalty, today's Order will ensure that the company provide bottled water to all residents of the Juniper Hills Apartments, and conduct necessary remedial actions to eliminate or mitigate the MTBE contamination at the well. The company will also submit required phase reports within specified deadlines.


Date: 6/13/07
municipality: ['West Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $2,300 Penalty regarding Stephen Ando Paull Contractors, Inc., for Solid Waste violations at their construction yard located at 95 Turnpike Street in West Bridgewater. MassDEP found the violations during an unannounced inspection performed on 5/4/07, in response to a citizen's complaint. MassDEP observed the crushing of asphalt, brick and concrete ("ABC") rubble, an activity for which they had not submitted any notification to MassDEP as required. Under today's Order, within 60-days, the facility must either cease the un-permitted activity and cleanup the site or pursue and obtain a site assignment exemption. MassDEP has agreed to suspend $1,300 of the Penalty pending compliance. Today's Order further requires payment of stipulated penalties (i.e. $1,000.00/day) for continued noncompliance.


Date: 6/13/07
municipality: ['Mendon']
Text:
  MassDEP issued a Unilateral Order to Mendon-Upton Regional School District for Water Supply violations at Henry P. Clough Elementary School in Mendon. The Order was issued after MassDEP was notified that the results of samples indicated elevated perchlorate concentrations. Initial perchlorate sampling is required at all non-transient, non-community public water systems during both April and September of 2007. Although April's 2007 concentrations exceeded the maximum contaminant level of two (2) parts per billion (ppb), the concentrations remained less than the advisory level of 18 ppb for general consumption. Today's Order outlines specific public notification activities that must be completed and requires the following


Date: 6/12/07
municipality: ['Norton']
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty involving Northeast Golf Properties (NEGP) for Water Management violations at 188 Oak Street in Norton. NEGP operates the Norton Country Club ("NCC"), an 18-hole golf course in operation since 1955 and located at 188 Oak Street, Norton. It was discovered that NEGP's water withdrawal intake for golf course irrigation is located within the Wading River within Chapter 91 jurisdiction and is not licensed. NCC irrigates 43 acres of turf. Metered water withdrawal data at Norton Country Club demonstrated that water withdrawals remained below WMA permit thresholds in 2006. However, the Department alleges the withdrawal for golf course irrigation may exceed the threshold for Water Management Act permitting. NEGP is required to apply for a Ch 91 License for the water withdrawal intake within the Wading River, required to adhere to an approved water conservation plan, and submit annual reports including metered water data to MassDEP for the next five years to demonstrate that they remain below permitting thresholds. MassDEP has agreed to suspend $4,000 of the Penalty pending compliance.


Date: 6/12/07
municipality: []
Text:
  MassDEP entered into a Consent Order with Federal National Mortgage Association (FNMA) relative to Wetlands violations at 31 Meadow Lane in Lanesboro. FNMA, which had acquired the land, knew that the property had prior enforcement action and that it had not complied with its requirements. MassDEP issued an Enforcement Order to a prior owner on 6/6/04 for undertaking work in a Bordering Vegetated Wetland and Riverfront Area in the area of Town Brook without filing a Notice of Intent and a valid final Order of Conditions. Today's Order requires FNMA to fully restore the wetland and Riverfront Area by 10/1/07.


Date: 6/12/07
municipality: ['Sheffield']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Ray's Auto Parts for Wetlands violations at 466 Clayton Road in Sheffield. John Jasman, as owner of Ray', has agreed to correct the violations which involved undertaking expansion of the auto salvage yard into adjacent Bordering Vegetated Wetland areas. Aerial surveillance by MassDEP found that between the years of 2001 and 2005,Jasman initiated the filling and encroachment into the adjacent wetland areas thereby impacting 0.15 acres of wetland with placement of rock rubble fill. Today's Order requires that Jasman remove the fill and fully restore the wetland by 10/1/07. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance with the Order.


