# MADEP_enforcement

Date: 3/6/08
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $4,315 Penalty involving Joshua Cardinal for Waste Site Cleanup violations at Sulco Public Warehouse in Springfield. Cardinal, the operator of Fuji's Rising Sun Transport business failed to notify MassDEP immediately of a release of diesel fuel on 6/11/07 at the Sulco Public Warehouse in Springfield. On that day, a tractor-trailer operated by Fuji's backed into a second truck releasing up to 50 gallons of diesel fuel to pavement and a storm drain at the warehouse property. Fuji's failed to notify MassDEP of the spill on that date. Instead, MassDEP was eventually notified on 6/13/07 not by the responsible party but rather the property owner, R.M. Sullivan Transportation, Inc. MassDEP has agreed to suspend the entire Penalty following pending confirmation that Fuji's financial inability to pay. The cleanup of the release was completed by R.M. Sullivan.


Date: 3/6/08
municipality: ['Stoughton']
Text:
  MassDEP issued a Unilateral Order to Four, Five, Six and Seven Cabot Place Office Condominium Associations & Randolph Savings Bank for Water Pollution Control violations at 10 Cabot Place in Stoughton. The Orders were issued to the owners of buildings, which connect to a privately owned nonfunctioning private sewage pump station. The town requested assistance from MassDEP, which investigated, gathered evidence - photographs, etc. - and ran confirmational bacterial analyses in a state lab. The property owners are hereby ordered to cease the illegal discharge to the environment and conduct repairs to the pump station in order to properly operate the facility


Date: 3/5/08
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $20,000 Penalty regarding I & S Realty Group for Waste Site Cleanup violations at 1816 Centre Street, Boston/West Roxbury. MassDEP and its Office of General Counsel reached a settlement of I & S's appeal of the demand for stipulated penalties issued on 1/10/07. Specifically, I & S had failed to make timely submittals of required reports in accordance with the terms of an earlier Consent Order as executed on 2/7/06. Today's settlement resolves I & S's noncompliance with that Order. The Settlement today is also coupled with an amendment that extends deadlines for the submittal of a final response outcome to 5/31/08. Additional penalties are stipulated for any future missed deadlines.


Date: 3/5/08
municipality: []
Text:
  MassDEP entered into a Consent Order with an $8,700 Penalty regarding B&D Boiler Removal, Inc., for Asbestos violations. The company, located at 92 Farrell Street, Pawtucket, RI, failed to submit written notification to MassDEP for removal of friable asbestos containing material (ACM), and for committing asbestos work practice violations during the removal of asbestos from a residential property.


Date: 3/5/08
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with an $8,250 Penalty involving S. Craig Gillard for Wetlands violations at 36 Doten Road in Plymouth. Gillard altered approximately 13,000 square feet of bordering vegetated wetlands without authorization. Specifically, wetland vegetation was clear-cut and mowed beyond the limit of work established under a valid Order of Conditions. A full restoration plan has already been submitted with a full-calculated penalty or $6,500. MassDEP has agreed to suspend $1,750 pending full compliance with the restoration plan.


Date: 3/3/08
municipality: ['Waltham']
Text:
  MassDEP entered into a Consent Order with a $23,020 Penalty regarding Pro Equipment Rental for Air Quality, Hazardous Waste Management and Stormwater Management violations in Waltham. MassDEP responded to a citizen complaint regarding oil odors and oil run-off to the Charles River. As a result of the inspection, the company has agreed to correct the violations and to the Penalty amount. Pro Equipment Rental will also be required to perform an assessment of portions of the property to investigate any possible contamination from activity at the site3/3/08


Date: 3/3/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $23,070 Penalty regarding Pro Waste Disposal, Inc., for Solid Waste Management violation, specifically, portions of the Pro Waste Disposal facility are being used for the storage and/or disposal of solid waste, without being Site Assigned or permitted for such activity as required. The company has agreed to correct the violations, which were found during an inspection by MassDEP.


Date: 3/3/08
municipality: ['Lunenburg']
Text:
  MassDEP terminated a 2/25/08 Boil (Water) order to Fairlane Mobile Home Park and Sales, Inc. relative to prior Water Supply violations in Lunenburg. The Park, which is a public water system located on Mass Avenue on route 2A in Lunenburg, has now received results that indicated two rounds of sampling data showed absence of any total coliform. Additional sampling and corrective action activities are under the direction of MassDEP.3/1/08


Date: 2/29/08
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty regarding Liberio Demello as trustee of1615 Cove Road Realty Trust for Waste Site Cleanup violations in New Bedford. The Trust owns the commercial property, which is a former gas station that has been the site of a release of petroleum from its former underground storage tanks. In September 2006, MassDEP issued the Trust a Notice of Noncompliance (NON) for failure to complete cleanup actions at the site in a timely manner. The Trust did not comply with that NON. In addition to the Penalty, today's Order establishes deadlines for the Trust to complete response actions at the site.


Date: 2/29/08
municipality: ['Dudley']
Text:
  MassDEP executed a Consent Order with Michael D. Lazo for Waste Site Cleanup violations at 104-110 West Main Street in Dudley, a former dairy property where a release of petroleum from an underground storage tank occurred. The release occurred immediately adjacent to a municipal water supply well field. Originally, the potentially responsible party was listed as Leo Ready Mix Concrete, which obtained a permit but did not complete the necessary cleanup work. That cleanup permit has since expired. During that time, Lazo purchased the property and then subdivided it and sold portions of the site to other parties, including the Dudley Water Department. Lazo recently submitted a permit extension application. Lazo was not the original permittee, and MassDEP could not approve the extension. Due to the length of time that the site has been out of compliance, and in order to avoid the expenditure of resources on the transfer of the initial permit application, Lazo has now agreed to enter into today's Order in lieu of seeking further permit extensions.


Date: 2/29/08
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving the trustees of Clark University for Waste Site Cleanup violations in Worcester. Specifically the violations involve the failure to notify MassDEP of a condition of substantial release migration. Clark University personnel detected heating oil vapors in indoor air while conducting an assessment of a release of heating oil to the basement of a three-decker student residence. Clark University personnel installed a temporary basement ventilation system to mitigate the condition, without prior notification or approval. In addition to the Penalty, Clark will conduct a Supplemental Environmental Project (SEP) valued at $12,000. Under this SEP, the City of Worcester will use the funds to support the on-going improvements to the city's Brownfield GIS project, a mapping system of sites where a release of oil or hazardous material has occurred.


Date: 2/29/08
municipality: ['Maynard']
Text:
  MassDEP executed a Consent Order with a $15,000 Penalty regarding Wellesley Rosewood - Maynard Mills, LP for Air Quality and Industrial Wastewater violations in Maynard. While conducting an inspection of the facility, it was determined that the company was burning oil in its boilers and not natural gas, which represents a violation of its existing air quality plan approval. It was also determined that the company was operating an industrial wastewater pre-treatment system without having a licensed operator. Today's Order requires the company to attain compliance with all applicable regulations. MassDEP has agreed to suspend the entire Penalty pending completion of a Supplemental Environmental Project (SEP). Under the SEP, the company will purchase components of a system that will help a tenant, another company, produce hydrogen through the use of a proprietary technology. The hydrogen will then be compressed and used to fuel a hydrogen generator in order to provide electricity during 'peak' periods. Hydrogen fuel will also be used to power a shuttle bus to transport employees and visitors from a local train station to the Wellesley Maynard buildings. In addition to the SEP, today's Order assures compliance with the company's air-quality approval and the proper management of (approx.) 800 gallons of industrial wastewater per week.


Date: 2/29/08
municipality: ['Templeton']
Text:
  MassDEP issued a Demand Letter to Fannie Mae for stipulated civil penalties relative to Waste Site Cleanup violations in Templeton. Fannie Mae, which is based in Dallas, Texas, failed to comply with the terms of a previously established (2/9/06) Consent Order, regarding a residential fuel oil spill at 7 First Street in Templeton. The company agreed to submit a final cleanup statement no later than 10/1/07. The company failed to comply with that deadline, as the required report was not received until 12/4/07.2/29/08


Date: 2/29/08
municipality: ['Florida', 'North Adams']
Text:
  MassDEP's Environmental Strike Force investigated and developed a case that resulted in a Berkshire Grand Jury indictment of John Duquette, a Florida (Massachusetts) resident in connection with the alleged illegal dumping of waste in a North Adams sewer line, and the alleged assault of a former employee. Duquette was charged with illegal disposal of sewage, assault and battery, and Intimidation of a witness. Duquette is the owner of Berkshire County Construction in North Adams. The matter came to the attention of authorities in late 2007 when two former employees of Duquette contacted the North Adams Police Department concerning the company's practice of illegally dumping septic waste. North Adams officials notified the state's Attorney General, whose office alerted the Strike Force. The subsequent investigation found that allegedly after emptying the septic system at a home or business, the employees were instructed by Duquette to attach the sewer hose on the company truck to a coupling attached to a manhole cover on the company's property. The employees also claim that the contents of the truck would then be discharged into the North Adams sewer system. Duquette allegedly threatened an employee to never to say anything about the operation and also physically assaulted the employee. Authorities claim that Duquette was responsible for illegally dumping thousands of gallons of septic waste into the North Adams sewer system. During the course of the investigation, Strike Force investigators determined that neither Duquette nor his company had the proper permit to empty septic waste into the manhole located on the property of Berkshire County Construction. A trial date has not yet been set.


Date: 2/28/08
municipality: ['Hardwick']
Text:
  MassDEP issued a declaration of a water-emergency to Eagle Hill School in Hardwick. The residential school requested the declaration when its staff discovered a serious loss of water and difficulty maintaining adequate storage. The declaration allows the school to bring in water from an approved source to meet its drinking water needs. MassDEP referred the public water supplier to MassRural for leak detection assistance. MassRural utilized leak-detection equipment to effectively help narrow the area to search for the leak/loss of water. The leak was detected.


Date: 2/28/08
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Scott Healey, as lead trustee of Pembroke Realty #1 Trust, for Waste Site Cleanup violations at 354 Third Street in Everett. The Trust is the owner and/or operator of the property where violations were noted for failure to meet deadlines set out in a notice of noncompliance issued on 11/29/07. Today's Order requires a phase II report by 8/30/08, a phase III by11/30/09, a phase IV by 3/30/09 and a final outcome statement by no later than 8/30/09. In addition, the Trust has agreed to stipulated penalties for any missed deadlines.


Date: 2/28/08
municipality: ['Chelmsford']
Text:
  MassDEP executed a Consent Order with a $6,500 Penalty involving Christopher Ferreira for Wetlands violations at 12 Gorham Street in Chelmsford. MassDEP noted the violations at Ferreira's residential property through the use of aerial surveillance, which identified approximately 9,500 square feet of bordering vegetated wetland alteration. Upon inspection staff found that some tree clearing and slight grading activity had been performed, but 9,000 square feet of the BVW had substantially restored naturally due to wetland hydrology remaining in the area. However, there were small piles of rock and sand, and a portion of a wooden deck, stored in 500 square-feet of BVW. MassDEP staff also discovered that the local conservation commission had observed the site prior to any activity being performed and verbally instructed Ferreira that the area was a buffer zone and that work could be performed in the area without any notification. Today's Order requires the full restoration of the remaining 500 square feet of BVW with long term monitoring (acknowledging the already restored 9,000 s.f.). MassDEP has agreed to fully suspend the $6,500 Penalty.


Date: 2/28/08
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $34,500 Penalty regarding the city of Gloucester for Surface Water discharge violations at its West Gloucester Water Treatment Plant. The discharge of a caustic cleaning solution contained a very high pH went into Alewife Brook in Gloucester. The discharge occurred during regular maintenance activities of the plant filter plates. Today's Order requires the city to submit plans to connect the filter drain to the sewer. MassDEP has agreed to suspend $32,500 of the Penalty pending full compliance with the terms of the Order.


Date: 2/27/08
municipality: []
Text:
  MassDEP issued a Unilateral Order to Manchester-by-the Sea, relative to Water Supply violations around the Lincoln Street public water supply well. MassDEP noted activities within the protective Zone I of the Lincoln Street well field during an inspection on 2/13/08. MassDEP observed construction vehicles and other heavy equipment and extensive earth excavation and removal. Today's Order requires the removal of all construction vehicles and equipment and restoration of the disturbed area within 21 days.


Date: 2/26/08
municipality: ['Middleton']
Text:
  MassDEP issued a Notice of Noncompliance to the Market Place Wastewater Treatment Facility (Joseph B, Pasquale of DSM Realty Inc) at 230 South Main Street in Middleton. The facility has on-going effluent water quality violations of its groundwater discharge permit. MassDEP found that the facility's discharge monitoring reports indicate that the plant has suffered periodic shocks to their wastewater treatment process, suspected of causing turbidity and total nitrogen violations. The facility's groundwater discharge is in a Zone II of a municipal drinking water well. Today's Notice calls for a return to compliance plan developed within 30-days. The plan must be submitted to MassDEP for review and approval. MassDEP is in the process of reviewing the facility's groundwater discharge permit renewal application.


Date: 2/26/08
municipality: ['Gloucester']
Text:
  MassDEP issued a Notice of Noncompliance to the city of Gloucester's Department of Public Works for Wastewater Management violations at 26 Highland Street. The DPW was cited for unauthorized sewer system overflows and for failing to provide MassDEP with a notification of the event within 24 hours of becoming aware of the incident. Today's Notice requires the city to provide proper training of its wastewater staff (including the Public Works, Engineering Department and Board of Health) within 14 days. As part of the training process the city must collect and retain signed certifications of the training from each person required to be trained. Copies of the signed certifications are to be sent to MassDEP. Furthermore the City must revise its Emergency Preparedness and Response Plan (last revised in June 2007) in order to better reflect reporting requirements for the city's wastewater collection system. The city also has been notified that it has until 5/1/08 to submit this revised plan to MassDEP for review and approval.


Date: 2/26/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty regarding Titan PCB East for Hazardous Waste Management, Air Quality and Industrial Wastewater violations at its 2 Industrial Way facility in Amesbury. Titan PCB East manufactures quick turn rigid printed circuit and flexible boards for commercial and milling applications. During the inspection, MassDEP found numerous violations. The facility has hired an environmental consulting firm to assist them in returning to compliance. MassDEP has agreed to suspend $2,556 of the Penalty pending full compliance for a period of one year.


Date: 2/26/08
municipality: ['Millville']
Text:
  MassDEP executed a Consent Order with the town of Millville for Solid Waste violations regarding the final closure of its inactive landfill. The town has an approved permit (Corrective Action Design) and today's Order grants an extension to that permit. The town must now complete all closure activities and submit the required certification report. Stipulated penalty provisions are included in the Order should compliance with the established date not be achieved.


Date: 2/26/08
municipality: ['Rutland', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $12,000 Penalty involving Fontaine Brothers, Inc. and the Town of Rutland for Wetlands violations in Rutland. Fontaine Brothers, Inc., which is located in Springfield, Mass., was engaged in a public school construction project at the Glenwood Elementary School in Rutland. Upon receiving a request for assistance from the Rutland Conservation Commission, MassDEP conducted an inspection of the construction site and observed that a discharge of sediment and silt to a perennial stream and adjacent bordering vegetated wetland was caused by inadequate and ineffective erosion controls. MassDEP then promptly issued a Unilateral (cease-and-desist) Order that required immediate stabilization of the work site with adequate erosion controls and the hiring of a wetlands specialist to assess the damage. The company did so, and has now agreed to enter into today's Order, which requires improvements to the drainage structures at the facility to prevent erosion, and establish a schedule for restoration of the impacted wetland resources in the area. Through corrective action, approx. 5,000 square feet of Bordering Vegetated Wetland and 5,000 square feet of land under waterbodies will be restored.


Date: 2/26/08
municipality: ['Lunenburg']
Text:
  MassDEP issued a Unilateral Order to Fairlane Mobile Home Park and Sales, Inc., for Water Supply violations in Lunenburg. The company, as public water supplier, is required to notify all its consumers to boil tap water prior to using it for drinking and culinary purposes, and to take all necessary steps to prevent future incidents of contamination. This action will ensure that the population served by this public water supply will continue to receive water that is safe and fit to drink.


Date: 2/25/08
municipality: ['Ashburnham', 'Winchendon']
Text:
  MassDEP entered into a Consent Order with the town of Winchendon for Water Supply violations. The town has agreed to bring its pubic water storage facilities and water distribution system into compliance with Drinking Water Regulations. The Order establishes a schedule for inspections and needed maintenance of the town's four water storage tanks, and submission of a water distribution study report for MassDEP to review and approve. The report must address replacement, or phase-out, of Tank #4 as a first priority due to the serious structural deterioration of the tank. The report must also address replacement of the 12-inch transmission line from the Ashburnham-Winchendon Regional Water Plant in Ashburnham. In addition, the town must update its water distribution map, and develop a SCADA system (Supervisory Control and Data Acquisition) for the town - SCADA and other types of control systems regulate real-world activity, such as the amount of water flowing The town is also required to submit cross-connection testing requirements as well. This action will ensure that the 5,600 residents served by this public water supply will continue to receive a safe and clean water supply


Date: 2/25/08
municipality: ['Walpole']
Text:
  MassDEP entered into a Consent Order with a $9,950 Penalty regarding Safety-Kleen Systems, Inc., for Hazardous Waste violations in Walpole. The company, which provides industrial hazardous waste management cleaning services, was observed on 5/17/07 discharging 20-50 gallons of oily wastewater to the ground surface at a lot owned by Cook's Yamaha, 222 Providence Highway in Walpole. The discharged wastewater was regulated as a Massachusetts hazardous waste (waste oil), therefore Safety-Kleen Systems, Inc. was in violation of Hazardous Waste regulations due to the release of the hazardous waste without a license. In addition to the Penalty, the Order requires Safety-Kleen Systems, Inc. to ensure that its personnel, including its drivers, are properly trained in procedures to respond to spills or other releases.


Date: 2/25/08
municipality: ['Mattapoisett']
Text:
  MassDEP entered into a Consent Order with a $4,350 Penalty regarding S&L Rolloff Service, Inc., for Asbestos violations at 63 Church Street in Mattapoisett. The company transported asbestos containing waste material from this location in a manner that was in violation of Air Quality regulations. MassDEP has agreed to suspend $3,262.50 of the Penalty - pending the implementation of a Supplemental Environmental Project ("SEP"). Under the SEP, the company will initiate within 30 days the use of warning labels on waste containers, information handouts to customers and asbestos training to its employees.2/25/08


Date: 2/22/08
municipality: ['Uxbridge']
Text:
  MassDEP issued a Unilateral Order to Blackstone-Chicago Realty Trust for Hazardous Waste Management and Solid Waste violations at its Uxbridge property. Today's Order requires the Trust, which owns a 53-acre wooded parcel of land in Uxbridge, to properly remove and dispose hazardous waste and solid waste found discarded on the property. Environmental Strike Force personnel, accompanied by members of the municipal board of health and DPW workers identified seven 275-gallon home heating oil tanks containing waste oil, oil residue and oil-contaminated water, as well as piles of solid waste dumped in various locations on the property and in close proximity to the Mumford River.


Date: 2/21/08
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving the city of Northampton to address Air Quality violations at the city's Glendale Road Landfill. In response to many odor complaints caused by the landfill, MassDEP, discovered that a flare used for burning the landfill gas, was not being operated in accordance with it's permit. In many instances the flare had failed to ignite causing unburned, odorous landfill gas to be released. The city was cited for failure to operate the flare in accordance with its air pollution control permit, but has since been working cooperatively with MassDEP to address the issue including modifying the flare in order to ensure its proper operation. In addition to the Penalty, the city will implement a Supplemental Environmental Project (SEP) worth $4,750. The SEP will entail the implementation of an energy efficiency audit at city owned and operated facilities.2/20/08


Date: 2/19/08
municipality: []
Text:
  MassDEP entered into a Consent Order with the town of Palmer for Water Pollution Control violations (combined-sewerage overflows). Under today's agreement the town will eliminate its remaining CSO discharges by 12/15/11. The Town has previously undertaken a number of projects to reduce its CSOs and has now agreed to a specific schedule to undertake projects needed to eliminate the remainder.2/19/08


Date: 2/15/08
municipality: ['Granby']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Granby Auto Salvage for environmental violations at its Granby facility. The company has agreed to correct the various violations, including noncompliance with the management requirements relating to waste oil and not registering its waste oil space heater with MassDEP. Granby has fully cooperated with MassDEP to correct the violations.


Date: 2/15/08
municipality: ['Revere']
Text:
  MassDEP executed a Consent Order with Jean Fernery and Patricia Nazzaro for Waste Site Cleanup violations at 346 Salem Street in Revere. Specifically, violations were for failure meet deadlines set out in a Notice of Noncompliance issued on 10/11/07. Today's Order requires a phase II report by 10/30/08; a phase III by 1/30/09; phase IV by 5/30/09; and, a final outcome statement no later than 1/30/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.2/15/08


Date: 2/14/08
municipality: ['Seekonk']
Text:
  MassDEP executed a Consent Order with an $8,625 Penalty regarding the Seekonk Mall Trust / Developers Diversified Realty Corp. & EDF Seekonk II LLC for Water Pollution Control violations in Seekonk. The aforementioned entities are the owners of the Ann & Hope Plaza (the property), located at 95 Highland Avenue in Seekonk. The property is comprised of two large box stores and a large strip mall type structure. In the early 1990s a wastewater treatment plant was installed, to service the property. The plant had been maintained and operated properly, but was neglected for several months, leading to a sewage overflow, which was contained within the properties parking lot. MassDEP responded to the Seekonk Board of Health's report and supervised the cleanup and repair to the plant's influent pump station. The property owners have since replaced operational staff, repaired and/or replaced treatment units and are in the process of upgrading the plant to provide de-nitrification capability.


Date: 2/13/08
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral Order to Abrasive Blasting for violations in Worcester. The Company was ordered to cease and desist the blasting of metal equipment and the discharge of dust into the ambient air. The Order follows a recent inspection following a referral from the federal Environmental Protection Agency. Today's Order follows a similar notice of noncompliance related to similar issues in 2006.


Date: 2/13/08
municipality: ['Peabody']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty regarding the city of Peabody for Drinking Water violations. The city had been discharging water treatment plant residuals to Lower Spring Pond and the discharge resulted in excessive aluminum levels to the Pond. In addition to the Penalty, the city is now required to submit an amended Restoration Plan (superseding a prior plan) that will establish specific schedule for the removal of all sludge from the Pond by 10/1/08.2/12/08


Date: 2/12/08
municipality: ['Lynn']
Text:
  MassDEP executed a Consent Order with Demakes Enterprises, Inc., for Waste Site Cleanup violations at 88 Marion Street in Lynn. The company owns/operates the property where it has failed to meet deadlines set out in a notice of noncompliance issued on 11/23/07. Today's Order requires an Immediate Response Action status or completion report by 6/30/08 and a phase II report by 7/30/08. In addition, a phase III report is due by10/30/08; a phase IV by 3/30/09; and, a final outcome statement by no later than 9/1/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.2/8/08


Date: 2/8/08
municipality: ['Norfolk']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty involving the Call & Wait, Inc., for Waste Site Cleanup violations in Norfolk. The company was cited for violating the notification provisions when In August, 2006, MassDEP received laboratory analytical data showing releases of oil and hazardous materials on the company property. Although the results revealed the requirement to notify MassDEP within 120 days, the company did not report.


Date: 2/7/08
municipality: ['Mount Washington']
Text:
  MassDEP entered into a Consent Order with the YMCA Camp Hi-Rock, for Wetlands violations at its facility in Mount Washington. MassDEP found that the Camp had begun construction of an access road in violation of ifs MassDEP permit (Final Order of Conditions). Construction work resulted in alteration of 2,756 square feet of bordering vegetated wetlands and less than 50 feet of bank. Today's Order requires restoration of the area. The project had begun under a local permit, however, conservation commission enforcement orders stopped the work and the parties requested MassDEP assistance in resolving issues at the site.2/7/08


Date: 2/7/08
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with Essex Agricultural and Technical Institute for Waste Site Cleanup violations at 562 Maple Street in Danvers. The Institute is the owner and/or operator of the property where violations were noted for failure meet deadlines established in a notice of noncompliance issued on 11/29/07. Today's Order requires an Immediate Response Action status or completion report by 2/29/08 and a phase II report by 10/27/08. In addition, a phase III report is due by 2/23/09; a phase IV by 5/25/09, and a final outcome statement by no later than 1/10/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.2/6/08


Date: 2/6/08
municipality: ['Stoughton']
Text:
  MassDEP has issued a Unilateral Order to the town of Stoughton and TW Conroy for Solid Waste violations at the Page Street Landfill in Stoughton. Today's Order requires the owner/operator to complete the lateral waste delineation and complete the installation of the landfill soil-gas monitoring network. Of particular concern was the fact that recent environmental monitoring data (of the partially installed monitoring network) indicates that landfill soil-gas is laterally migrating. Today's Order sets forth a compliance schedule to complete the required assessment/monitoring activities, waste delineation and landfill soil-gas monitoring.


Date: 2/4/08
municipality: ['Southampton']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding John F. Tautznik & Sons Construction Company, Inc., for Asbestos violations in Southampton. John Tautznik is the president of company, which is based in Easthampton. MassDEP received a complaint (that asbestos had not been removed from a vacant house located in Southampton prior to its demolition) and found on 6/1/07 asbestos-cement siding, known as transite, on the ground at the demolition site. Most of the asbestos had been crushed and was in the cellar, co-mingled with other debris. Tautznik and the property owner fully cooperated with MassDEP and retained an asbestos contractor to clean up the site, as well as an asbestos consultant to monitor the air during the cleanup. Tautznik will pay $5,000 of the Penalty, with the balance of the penalty suspended during a one-year probationary period. Tautznik also agreed to implement Best Management Practices for his company to prevent any future violations of the asbestos regulations.


Date: 2/4/08
municipality: ['Springfield', 'Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Joseph Pafumi for Asbestos violations on Main Street in Springfield. Pafumi of Wilbraham was found to have conducted asbestos handling violations at this location in the Indian Orchard section of Springfield. The Springfield Building Inspector notified MassDEP that demolition activity had been shut down and that the city's demolition permit had been revoked. MassDEP inspected the site and found pieces of asbestos-cement siding, known as transite, at various locations around the site. A review of MassDEP records showed that no asbestos removal notification was on file for the work. Pafumi indicated to MassDEP inspectors that he had performed the siding removal prior to beginning the demolition operation. Pafumi, who fully cooperated with MassDEP, retained an asbestos consultant to inspect the interior of the property for asbestos materials and to devise a clean up plan for the site. Under MassDEP's supervision, Pafumi has retained a licensed asbestos contractor to clean up the site and remove the remaining asbestos found inside. Another contractor has demolished the building. MassDEP has agreed to suspend $5,000 of the Penalty pending a one-year probationary period.2/4//08


Date: 1/31/08
municipality: ['Edgartown']
Text:
  MassDEP entered into a Consent Order with the town of Edgartown (and the Martha's Vineyard Refuse Disposal & Resource Recovery District) for Solid Waste violations at the Meshacket Road Landfill in Edgartown. The specific violations involve the failure to complete the assessment and closure/capping of the unlined municipal landfill. At issue is the fact that through the review of the landfill closure certification report that had been submitted in 2002, MassDEP determined that the assessment/closure/capping of the unlined landfill had not been completely performed. Also, a 2-acre area located at the site was not included in the original landfill assessment, closure and capping plans that the parties implemented 1997-2001 pursuant to a MassDEP Order of 5/15/95. MassDEP's review of recently-submitted information found that this 2-acre area had been used as the location of a temporary solid waste transfer station established at the landfill while the District established a larger "central facility" elsewhere on the island. At the time, the landfill was going through its "original" assessment, closure and capping. At that time, it was thought that this 2-acre area did not contain any solid waste. Today's Order establishes a compliance schedule whereby the additional 2-acre landfill area will now be assessed and capped, and an expanded environmental monitoring network will be developed for the site, which will incorporate the additional 2-acre area. Today's Order also includes provisions for payment of a suspended $34,340 Penalty in the event of failure to comply with the terms of today's Order.


Date: 1/31/08
municipality: ['Burlington', 'Woburn']
Text:
  MassDEP entered into a Consent Order with a $8,050 Penalty regarding Burlco LLC for Water Pollution Control violations at Arboretum Apartments [AEW Capital Management, L.P.] off of Peach Orchard Road in Burlington. The Order with the AEW signatory was for violating terms of their original sewer connection permit and failing to obtain a currently valid sewer connection permit to discharge wastewater. In addition to the Penalty, the respondent must contribute $56,679 into the town of Burlington's Infiltration & Inflow Bank, which was established to address concerns related to an existing on-site wastewater pump station and 330,000 gallon holding tank. Burlington is actively engaged in identifying and removing sources of I/I in their wastewater collection system to mitigate sewer system overflows to Vine Brook in Burlington and also further downstream in Woburn at Horn Pond. MassDEP has agreed to suspend $6,050 of the Penalty pending compliance.


Date: 1/31/08
municipality: ['Chelmsford']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty regarding Brown & Parsons, Earth Products for Wetlands violations at 47 Golden Grove Road in Chelmsford. The site violations were initially discovered through the Wetland Change Project using aerial photography. Upon investigation, staff confirmed that approximately 1,960 square feet of bordering vegetated wetland was altered during the four years the business leased the site. The alteration resulted from materials storage and various business operations including significant efforts to clean up the site and make improvements to stormwater flows and erosion control. However, none of the activity had the required authorization or approval.  The document requires full restoration (with a plan that will likely include additional voluntary stormwater controls and buffer zone improvements) and long-term monitoring. MassDEP has agreed to suspend $2,500 pending full compliance.


Date: 1/31/08
municipality: ['Marblehead']
Text:
  MassDEP entered into a Consent Order with a $31,500 Penalty regarding Greg Bruett for Waste Site Cleanup violations at 195 Pleasant Street in Marblehead. Bruett, who owns and/or operates the property failed to meet deadlines established by MassDEP in a Notice of Noncompliance. Today's Order requires an immediate response status report by 1/31/08 and a phase one and classification by 4/30/08. MassDEP has agreed to suspend $18,500 of the Penalty pending compliance, and contains a stipulated penalty provision for any missed deadlines.1/30/08


Date: 1/25/08
municipality: ['Tyngsborough']
Text:
  MassDEP executed a Consent Order with Thomas Fitzgerald for Waste Site Cleanup violations at 54 Pawtucket Boulevard in Tyngsborough. Fitzgerald, owns the property (the former Stateline Auto Recovery & Towing Site) where there was a failure to submit a phase IV final outcome within the deadline. New deadlines have now been established to return the site to compliance with the submittal of a phase IV by 7/29/08 and either a final outcome or remedy status by 9/28/08. In addition, Fitzgerald agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.1/24/08


Date: 1/24/08
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Joseph Ruggiero for Waste Site Cleanup violations at 181 North Washington Street in Boston. This is the third Consent Order with Ruggiero for cleanup violations at the site. Specifically, the violations were for failure to submit the phase III plan by the deadline established in the previous Order with Penalty entered into with MassDEP on 7/24/06. New deadlines have now been established in the latest Order to return to compliance with the submittal of revised phase reports, and a final outcome by 6/1/09. MassDEP has agreed to suspend $10,668.76 of the Penalty pending compliance.


Date: 1/24/08
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $2,875 Penalty regarding Ruby Tuesday for Water Pollution Control violations at it restaurant at 83-85 North Dartmouth Mall in Dartmouth. On 7/26/07, MassDEP personnel conducted an inspection at the site in response to a complaint and observed that Ruby Tuesday personnel had discharged grease/water mixture to an adjacent storm drain. Ruby Tuesday immediately ceased the discharge of grease/water mixture, initiated employee training, and cleaned out the storm drain and sent the material for proper disposal. Additionally, Ruby Tuesday will assess the potential impact the grease/water mixture impact had on the nearby Paskamansett River.


Date: 1/24/08
municipality: ['Salem']
Text:
  MassDEP entered into an Amendment to a Consent Order with A & H Auto Exchange, Inc, for Wetlands violations at 15 Robinson Road in Salem. Specifically, the amendments require stormwater management guidelines within Wetland Protection Act jurisdiction to a greater extent than what was contained in the original Order executed on 11/10/05. Also clarified is the process for submittal, review and approval of stormwater control plans/implementation, maintenance and monitoring reports by MassDEP wetlands staff.


Date: 1/22/08
municipality: ['Reading']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding ARC Environmental Services, Inc. for Asbestos violations at Reading High School, 82 Oakland Road in Reading. MassDEP observed the violations by ARC during a routine inspection of an asbestos abatement site located at the Reading High School. MassDEP has agreed to suspend $1,000 of the Penalty pending full compliance for one year.


Date: 1/22/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $24,000 Penalty regarding Dorey Fuel Company, Inc. for Waste Site Cleanup violations at 262-264 Norfolk Street in Roxbury. Dorey is owner of the site where it has failed to submit cleanup reports including a phase IV by the deadline established in a previous Order (10/5/06). New deadlines have now been established including a final response outcome by 9/30/08. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.


Date: 1/18/08
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with a $2,010 Penalty regarding Pharmasol Corporation for Hazardous Waste Management, Air Quality and Water Pollution Control violations in Easton. A multi-media inspection of the company's facility revealed incomplete contingency plans, an unregistered wastewater-holding tank and record-keeping requirements. The facility has agreed to register the holding tank and comply with the hazardous waste requirement and the air pollution requirements.


Date: 1/18/08
municipality: ['Hatfield']
Text:
  MassDEP issued a $1,000 Penalty Assessment Notice to C&S Wholesale Grocers, Inc. for Waste Site Cleanup violations at 95 North Hatfield Road in Hatfield. C&S has failed to meet cleanup deadlines set forth in a Notice of Noncompliance (NON) issued by MassDEP relative to a discharge of 900 pounds of ammonia gas to the atmosphere. C&S completed an initial evaluation of the release and performed repairs and upgrades to the refrigeration system but has failed to submit appropriate documentation to MassDEP regarding assessment of the release. C&S failed to completely respond to the NON, and MassDEP then issued a letter to C&S requiring the company to attend a conference with MassDEP on 1/15/08 to discuss resolving the violation. After receiving the letter C&S submitted all required reports documenting assessment of the ammonia release but failed to attend the enforcement conference.1/18/08


Date: 1/14/08
municipality: ['Burlington', 'Woburn']
Text:
  MassDEP entered into a Consent Order with an $8,050 Penalty involving Donald C. Freeman Jr. PhD, as trustee for Arborwood Condominium Trust for Wastewater Management violations in Burlington. Specifically, the Trust violated the terms of their original sewer connection permit and failed to obtain a currently valid sewer connection permit to discharge wastewater. MassDEP has agreed to suspend $6,050 of the Penalty pending compliance with all terms of the Order including the requirement that the respondent contributes $8,970 into the Town of Burlington's infiltration/inflow bank, and also to address concerns related to an existing on-site wastewater pump station and 330,000 gallon holding tank. Burlington's I&I bank was created to identify and remove sources in their wastewater collection system in order to mitigate the overflows prevalent in the sewer system that impact Vine Brook in Burlington and also further downstream in Woburn at Horn Pond.1/14/08


Date: 1/13/08
municipality: ['Everett', 'Russell']
Text:
  MassDEP entered into a Consent Order with a $31,500 Penalty regarding Everett A. Russell, III for Wetlands violations at 478 Merrimack Street in Methuen, a residential property. A gas pipeline company was previously issued local, state and federal wetland regulatory authorization for pipeline construction in an easement through Bordering Vegetated Wetland (BVW) on the site. BVW restoration and long term monitoring was a permit requirement for the pipeline company. Post restoration monitoring reported to DEP and subsequent MassDEP investigation revealed that the property owner had tilled and planted crops in the BVW within and beyond the restored pipeline corridor, resulting in BVW alteration of approximately a little over one acre. The activity was neither exempt nor permitted. Today's Order requires restoration of the altered BVW, long-term monitoring. MassDEP has agreed to suspend $18,625 of the Penalty pending compliance.


Date: 1/10/08
municipality: []
Text:
  MassDEP entered into a Consent Order with U.S. Petroleum, Inc., for Waste Site Cleanup violations at 70 Galen Street in Watertown. The company is the owner and operator of the property due to the failure to submit phase II, phase III and phase IV (cleanup) reports within the established deadlines. New deadlines have now been established to return the site to compliance with the submittal of phases II and III reports and a phase IV plan by 9/18/08. In addition, U.S. Petroleum, Inc. agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.1/10/08


Date: 1/10/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty regarding Ben Franklin Design and Manufacturing Company, Inc. for Hazardous Waste Management violations in Agawam. In addition to bringing the facility into compliance, the company will perform a Supplemental Environmental Project in the amount of $7,500 that entails the purchase of equipment for the Agawam Fire Department's use to assist in responding to hazardous-materials incidents. MassDEP has agreed to suspend $6,000 of the Penalty pending full compliance.


Date: 1/10/08
municipality: ['Auburn', 'Charlton']
Text:
  MassDEP executed a Consent Order with a $2,875 Penalty regarding Pottle's Transportation, Inc. for Waste Site Cleanup violations in Charlton. The transportation-company, based in Hermon, Maine, failed to notify within two hours after a sudden release of diesel fuel. It failed to perform an Immediate Response Action in a timely manner. The release occurred from a leaking diesel fuel saddle tank on a tractor-trailer owned and operated by Pottle's and impacted pavement for several miles along Route 20 from Auburn to Charlton before the Charlton Police Department stopped the vehicle. Under the terms of the Order, Pottle's has agreed in addition to the Penalty, to perform a Supplemental Environmental Project (SEP) valued at an additional $8,625. The SEP requires the installation of a computer macro in each of Pottle's trucks, publication of a news article detailing the company's noncompliance with the MCP and lessons learned, and distribution of notification stickers and cards to all drivers. The computer will allow all tractor-trailer drivers to immediately notify Pottle's 24/7 notification center through a wireless computer connection mounted on board.1/9/08


Date: 1/8/08
municipality: ['Ayer', 'Fitchburg']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty regarding Conrad & Robert Donell, individually, and as trustees of DB Realty Trust for Wetlands violations in Fitchburg. MassDEP observed the violations at a residential sub-division known as "Kopley Place" that the Trust is developing in Fitchburg. MassDEP personnel conducted an inspection of the area in May of 2007, at the request of the local conservation commission, and observed the noncompliance. MassDEP had granted approval for some work at the site, but the developers failed to construct storm water drainage structures, failed to construct a wetlands replication area, and had commenced work on house lots without having first obtained written approval from MassDEP as required. Today's Order requires the submission of a revised drainage plan to MassDEP for its review and approval; placement of proper erosion and sedimentation controls at the site; and, submission of a schedule for the construction of the required wetland replication area. In addition to the Penalty, the Donnels (of Ayer) and the Trust agreed to stipulated penalty provisions for any future noncompliance. Completion of this action will result in properly functioning drainage for this subdivision, and the replication of 6,685 square feet of wetland area.


Date: 1/07/08
municipality: ['Monson', 'Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Bukowski Construction LLC for Wetlands violations on Palmer Road in Monson. Bukowski, of Wilbraham, owns the property on Palmer Road in Monson where violations of the Wetlands Protection Act were noted. Sediment in the runoff from a construction site discharged into Bordering Land Subject to Flooding (BLSF). An estimated 32,000 sq. ft. of BLSF was altered with an estimated loss of 48,000 cubic feet of flood storage due to runoff that occurred during an October 2005 rain episode. In addition to the Penalty, Bukowski is required to hire a consultant, submit a restoration plan and fully implement the plan by 10/15/08.1/7/08


Date: 1/4/08
municipality: ['Milton']
Text:
  MassDEP issued a $17,050 Penalty Assessment Notice to Benjamin Chiu for Asbestos violations at 2 Martin Terrace in Milton. At the request of the Milton Board of Health, MassDEP personnel responded to a complaint of improper asbestos removal. MassDEP observed improper asbestos abatement had occurred in the basement of said address without notification as required. Chiu, the owner of the property, indicated that he had hired an unlicensed entity to remove the asbestos from the basement. Several attempts were made to settle the case without success. As a result of the foregoing, MassDEP issued today's Penalty.


Date: 1/3/08
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $17,425 Penalty involving the Rindge Realty Trust for Clean Water Act violations in Cambridge. Following up on a complaint regarding sewage discharge (October 2007) the Environmental Strike Force (in October '07) inspected a catch basin at 216 Rindge Avenue in Cambridge. This property consists of an 8-unit apartment building and parking lot and is owned by Rindge Realty Trust (trustee


Date: 1/3/08
municipality: ['Fall River']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to Paul G. & Odilia Miguel for Waste Site Cleanup violations at 673 Bedford Street in Fall River. The property has historically been used as a gasoline station, and when underground storage tanks were removed in 1992, it was confirmed that a release of oil to the surrounding soil and groundwater had occurred. Paul G. & Odilia Miguel have refused to engage the services of the appropriate licensed environmental professionals to conduct response actions at the Site. MassDEP issued a Notice Of Noncompliance (NON) in May 2007, requiring the owners to undertake and complete response actions. The NON was ignored, and in September 2007 MassDEP issued the property owner a Notice of Enforcement Conference. While, the property owner attended the enforcement conference with their attorney, parties were unable to reach an agreement that warrants the property owner to initiate response actions.


Date: 1/3/08
municipality: ['Salem']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty regarding Gary A. Nadeau as trustee of GTN Realty Trust for Waste Site Cleanup violations at 406 Essex Street in Salem. GTN Realty Trust, which owns the property, had been issued a Notice of Noncompliance on 11/28/06. Specifically, the violations were for failure to submit either a tier classification, or a final response outcome within the established deadlines. MassDEP has agreed to suspend $18,000 of the Penalty pending full compliance. The Trust has agreed to submit a phase I, and tier classification submittal by 5/30/08.1/3/08


Date: 1/3/08
municipality: []
Text:
  MassDEP entered into a Consent Order with Claudio Coppola for Waste Site Cleanup violations at 132-140 Pleasant Street in Watertown. Coppola, the current owner of the site, failed to meet the submittal deadline set out in a Notice of Noncompliance issued by MassDEP on 8/7/06. Today's Order requires the submittal of a phase IV by 8/23/08. Unless a final response outcome (or remedy operational status) is achieved and submitted, a tier II extension must be submitted to MassDEP by no later than 8/23/08. If an extension is submitted, than a final response outcome will be due no later than 8/23/09. Today's Order contains a stipulated penalty provision for any missed deadlines.1/2/08


Date: 1/2/08
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Lafarge North America for Air Quality violations in Charlestown (Boston). Lafarge was cited for Air Quality violations as a result of an accidental release of dry cement product from its cement storage and distribution facility in Charlestown. The release occurred in September 2006 when the cement delivery system clogged and became over-pressurized, which caused a baghouse to fail. After that incident, during enforcement negotiations, Lafarge implemented short-term measures to prevent a similar event from occurring in the interim. Today's Order now requires Lafarge to install and operate an automatic "fail-safe" electronic interlock system at the facility that will stop the transfer of dry cement product in the event that the system becomes clogged or over-pressurized. Lafarge has filed a Comprehensive Plan Application (CPA) with BWP for written approval of upgrades to the cement storage and distribution facility and its associated air pollution control equipment, as well as the installation and operation of product level, pressure, and flow-monitoring equipment.


Date: 1/2/08
municipality: ['Wayland']
Text:
  MassDEP entered into a Consent Order with a $3,440 Penalty regarding Wilcox & Barton, Inc. for Air Quality (Stage II/Vapor Recovery) violations at a Wayland facility. As a result of a 3/1/07 service station inspection in Wayland by MassDEP and a review of the Stage II Vapor Recovery results, it was determined that on two occasions Wilcox & Barton, Inc. (of Moretown Vermont) had certified the system configuration that did not meet the requirements. MassDEP agreed to suspend $1,440 if the company remains in compliance for one year. Since Wilcox & Barton, Inc. sold the Stage II Vapor Recovery Testing Division of the company in July 2007; no further actions by the company are necessary to return to compliance at this time.


Date: 12/30/09
municipality: ['Andover', 'Boston']
Text:
  MassDEP entered into a Consent Order with a $10,100 Penalty with the Gillette Company for Industrial Wastewater violations at its 30 Burtt Road facility in Andover and at One Gillette Park in Boston. Routine inspections of the Andover facility in August of 2009 by MassDEP revealed that since the Andover facility discharges more than 50,000 gallons per day of treated industrial wastewater to the sewer, it should have submitted, but failed to apply for the proper sewer connection permit. In addition, the Andover facility did not have a complete operation and maintenance manual onsite relative to its industrial wastewater pre-treatment system. At the Boston facility, MassDEP found during September of 2009 air quality violations, including failure to maintain certain fuel records on-site, inaccurate filing of source registration emissions data, improper installation of exhaust stacks on two emergency generators, failure to maintain replacement parts of its parametric emissions monitoring system equipment and failure to submit annual reports and compliance testing reports to MassDEP. In addition to agreeing to take corrective actions at both facilities bringing them back into compliance, Gillette has agreed to pay the Penalty and pay double the industrial wastewater permit fee (for a total of $3,210).12/30/09


Date: 12/29/09
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with Frost Associates, Inc. which extends the cleanup deadlines on Armory Street property in Worcester. Additional time was originally requested to achieve a permanent solution; therefore, MassDEP determined that a Consent Order was the appropriate mechanism to re-establish those new deadlines. Today's Order contains a stipulated penalty provision for any future violations of the newly established deadlines.


Date: 12/29/09
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with Richard C. Goddard for Waste Site Cleanup violations at 51 Depot Street in Milford. Goddard is president of R&S Goddard, Inc., of Milford, and formerly known as Barney Coal Inc. On 9/4/07, MassDEP issued a Notice of Noncompliance to Goddard for failure to meet response action deadlines. In response to the NON, Goddard submitted a schedule to return to compliance. On 7/15/09, a phase two assessment report was submitted. On 9/29/09, Goddard submitted a request for a further extension of the schedule to return to compliance. Today's Order incorporates the requested schedule, and contains a stipulated penalty provision should there be any future violations of the newly established deadlines.


Date: 12/29/09
municipality: ['Winchendon']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty regarding All American Builders, Inc., for Waste Site Cleanup violations at its School Street property in Winchendon. MassDEP learned of a release of waste oil from drums stored at the property in May 1996. MassDEP issued a Notice of Responsibility to the operator of the property, George Mizher, d/b/a American Fuel Oil. Mizhir, thereafter, failed to conduct the required immediate and additional cleanup response actions relative to this release. MassDEP issued additional notification to the property owner, All American Builders, Inc. in August 2007, and issued another letter in January 2008, offering limited amnesty from enforcement if cleanup actions were taken by June 2008. All American Builders, Inc. did not meet this deadline, and on 1/8/09, MassDEP issued a Notice of Noncompliance to All American Builders, Inc., which then did not return to compliance in response to this notice. Under today's Order, All American Builders, Inc. has agreed to pay the Penalty and submit cleanup response statement by 12/31/09.


Date: 12/29/10
municipality: ['Winchendon']
Text:
  MassDEP executed a Consent Order with a $3,000 Penalty involving All American Builders, Inc. for Waste Site Cleanup violations at its School Street property in Winchendon. MassDEP learned of a release of waste oil from an aboveground storage tank at the property in February 1998, but the company subsequently failed to conduct the required immediate response actions. MassDEP issued a Notice of Noncompliance in January 1999. The company did not return to compliance and failed to submit permit application or final response action outcome statement for the release. MassDEP would then issue in January 2008 a letter offering limited amnesty from enforcement if actions were taken by June 2008. All American Builders, Inc. did not meet this deadline, and on 1/8/09, MassDEP issued a second Notice of Noncompliance to All American Builders, Inc. The Company did not return to compliance in response to that Notice. Under today's Order the company will pay the Penalty and will submit either a permit (tier classification) final response outcome by 12/31/10


Date: 12/29/09
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $23,792.50 Penalty with Baystate Home Guard, Inc. for Asbestos violations in Worcester. The company is a Springfield-based licensed asbestos contractor. MassDEP inspected the property in June 2009 and found the violations. Under the terms of the Order, the contractor has agreed to comply with all applicable regulations in the future. MassDEP has agreed to fully suspend the Penalty - pending one year of full compliance - after the company's satisfactory demonstration of a financial hardship condition.


Date: 12/29/09
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with a $4,171.74 Penalty involving Boutwell, Owens & Co., Inc. for Hazardous Waste Management and Industrial Wastewater violations at its Fitchburg location. The company generated waste oil in excess of the applicable volume limits for its registered status, it illegally transported the waste oil, it transferred custody of the waste oil to an unauthorized facility, and it failed to properly label waste oil containers. In addition, the company operated its industrial pretreatment system without a certified wastewater treatment plant operator, and discharged low pH industrial wastewater to the local sewer system. Today's Order requires the company to comply with all applicable regulations, pay the Penalty, and conduct a two-part Supplemental Environmental Project (SEP) valued at $11,828.26. Approximately $4,800 of the SEP will go towards the purchase of a laptop computer that will be installed in the City of Fitchburg's Fire Department's primary command vehicle. Another $7,000 of the SEP will be utilized to update the "Printers Environmental Workbook" which will then be supplemented with fact sheets on Generating Waste Oil and Wastewater Discharge. Those fact sheets will be sent to Massachusetts printers. In addition, training materials will be available via a Power Point presentation, an Outreach Training Session, and a web-seminar. This action will help this company and others better understand regulatory requirements while providing the City of Fitchburg Fire Department an important tool to better respond to hazardous waste/material emergencies.


Date: 12/23/09
municipality: ['Raynham']
Text:
  MassDEP executed a Consent Order with s $10,717 Penalty with Electrochem Solutions Inc. for Air Quality violations at its Raynham facility. On 6/5/09, MassDEP inspected Electrochem's facility and noted violations relative to the failure of emission control equipment. In addition to the Penalty, Electrochem has agreed to correct the violations and to fully comply with all the regulations in the future.12/23/09


Date: 12/22/09
municipality: ['Holbrook']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to the Holbrook Trust for Waste Site Cleanup violations at 424 North Franklin Street in Holbrook. The Holbrook Trust owns commercial property in Holbrook where chlorinated solvents have been detected in groundwater. The Holbrook Trust has failed to conduct response actions at the property to address this condition. The property owner has already failed to comply with a Notice of Noncompliance that MassDEP issued in 2009. Today's Order requires the Holbrook Trust to initiate response actions at the Site, and assesses a $30,000 Penalty Assessment Notice regarding the respondent's failure to respond.


Date: 12/21/09
municipality: ['Monterey']
Text:
  MassDEP entered into a Consent Order with Gould Farm for Water Supply violations in Monterey which is a community public water system. MassDEP and the Farm have agreed to the steps needed going forward to address and correct the violations.


Date: 12/18/09
municipality: ['Canton']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Lewis Piantedosi for Wetlands violations at 21 Steeplechase Lane in Canton. MassDEP found that Piantedosi had altered approximately 4,824 square feet of Bordering Vegetated Wetland at 21 Steeplechase Lane in Canton. Today's Order requires Piantedosi file a wetland restoration plan with MassDEP within 60 days (2/16/10), and to complete the restoration work by 5/30/10. Piantedosi has agreed to pay $1,000 and MassDEP will suspend $4,000 full compliance with terms of the Order.


Date: 12/18/09
municipality: ['South Hadley']
Text:
  MassDEP entered into a Consent Order with South Hadley Fire District #2 for Water Supply violations in South Hadley. The District is a community public water system concerning repeated bacteria detections. MassDEP and the District have agreed to the steps needed going forward to address and correct the violations.


Date: 12/17/09
municipality: ['Belchertown']
Text:
  MassDEP entered into a Consent Order with a $16,000 Penalty involving Compass Restoration Services, LLC, for Asbestos violations in Easthampton. MassDEP during a complaint investigation determined that the company, which is located in Belchertown, performed the asbestos removal in a multi-unit residential building located in Easthampton. The complainant had reported that insulation and siding work were being performed without instituting the appropriate asbestos transite siding handling and disposal procedures. The company agreed to pay $6,800 and MassDEP has agreed to suspend $9,200 for one year provided that the terms of the Order are met, including development and implementation of a Standard Operating Procedure for its staff in dealing with asbestos during future insulation/renovation activities.12/15/09


Date: 12/15/09
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with a $1,600 Penalty involving J&G Foods, Inc., for Industrial Wastewater violations in Sutton. Following-up on a previously finalized Consent Order, MassDEP personnel discovered that the company again failed to operate its industrial wastewater pretreatment system utilizing a certified wastewater treatment plant operator. Today's Order requires the company to comply with all applicable regulations, it contains stipulated penalty provisions for any future noncompliance, and it requires the company to pay the full Penalty. This action ensures that this Company will properly pre-treat its industrial wastewater discharges in the future.


Date: 12/15/09
municipality: ['Fitchburg']
Text:
  MassDEP entered into a Consent Order with a $27,000 Penalty involving Notre Dame High School of Fitchburg Inc., for Waste Site Cleanup violations in Fitchburg. The School failed to submit either a permit (tier classification) or final response action outcome statement relative to a release of fuel oil from a former underground storage tank. Today's Order establishes a schedule for the school to return to compliance. Since the School provided documentation of substantial financial difficulties, MassDEP agreed to suspend the entire penalty amount pending demonstration of compliance with the agreed-upon schedule for response actions.


Date: 12/15/09
municipality: ['Uxbridge']
Text:
  MassDEP entered into a Consent Order with Quaker Highway Realty Trust for Waste Site Cleanup violations in Uxbridge. MassDEP was notified of a 72-Hour reporting condition at this site in 2002, requiring immediate response actions. MassDEP, thereafter, issued a Notice of Noncompliance to the Trust in 2003 for failure to mitigate a 'critical exposure pathway', and was issued other NONs in 2005 and 2006 for failure to submit response action status reports. The Trust subsequently submitted a completion statement to MassDEP on 9/22/09. In addition, MassDEP cited violations for failure to dispose of contaminated soil within 120-days of generation, and failure to submit a final response action outcome statement within five years of the site's classification. Today's Order establishes a deadline of 6/18/10 to submit a phase-four completion statement, and a deadline of 12/18/10 to submit the final response outcome statement. Under the terms of today's Order, the Trust will pay $6,645 of the Penalty, with an additional $4,000 suspended pending compliance with the terms.12/15/09


Date: 12/15/09
municipality: ['Mendon']
Text:
  MassDEP issued a $23,750 Penalty Assessment Notice to FG Roofing and Siding Construction, Inc., for Asbestos violations in Mendon. The company is a Milford-based roofing contractor that was working at Franklin Office Park Realty Corporation facility in Mendon. Asbestos transite shingles were located beneath an over-lay of asphalt roofing shingles, all of which were removed and loaded into a roll-off dumpster for subsequent disposal. Advance notification had not been provided to MassDEP, and the necessary work practices involving handling, packaging and disposal had not been properly followed.


Date: 12/15/09
municipality: ['Mendon', 'Taunton']
Text:
  MassDEP issued an $18,225 Penalty Assessment Notice to Franklin Office Park Realty Corporation for Asbestos violations in Mendon. MassDEP observed during a November 2008 inspection of an asbestos removal project conducted at its property located at 21 Hasting Street in Mendon. The Corporation arranged for the removal, and attempted improper disposal of asbestos transite roofing shingles. A roll-off container filled with uncontained asbestos waste was sent from the property to a C&D Recycling facility in Taunton before being rejected and returned to the original site of generation. The Franklin Office Park Realty Corporation was subsequently required to retain a licensed asbestos contractor to properly handle, package and dispose of the asbestos waste.


Date: 12/15/09
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving Thomas Karagiorgo for Waste Site Cleanup violations at 85 High Street in Lawrence. MassDEP found that Thomas Karagiorgo, the owner and/or operator of the property, failed to meet deadlines set out in a Notice of Noncompliance by MassDEP on 9/30/08. The respondent has now submitted the required documentation relative to the cleanup of this site.


Date: 12/14/09
municipality: ['Warren']
Text:
  MassDEP entered into a Consent Order with the Warren Water District for Water Supply violations in Warren. Under the terms of today's Order, the owner of Team Hoyt's Finish Line Restaurant will take steps to address repeated violations of the total coliform rule. Today's Order also contains requirements should an additional exceedance of total coliform during 2010.


Date: 12/14/09
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $5,175 Penalty involving the city of Chicopee for Water Quality violations in Chicopee. MassDEP determined the violations following a dry weather overflow of approximately 120,000 gallons at a pump station in the municipal sanitary sewer system. The discharge was the result of operator error which also revealed a glitch in the city's monitoring and control system. Today's Order provides for a full suspension of the Penalty provided changes to procedures in checking pump stations and upgrades are made to the city's monitoring and control system.12/14/09


Date: 12/14/09
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with Consent Order with a $1,000 Penalty involving 167-173 Walnut Street in Boston (Dorchester). The owners of this property, the Trustees of the Condominium Board of the Estuary at Port Norfolk Condominiums, had appealed a previously-issued Notice of Noncompliance issued by MassDEP on 1/18/05. Specifically, the Trust failed to comply with Massachusetts General Laws, Chapter 91 license requirements and its failure to construct public benefits including a public pedestrian access walkway with signage, public handicap parking, and a public viewing platform. The Trust appealed the Penalty resulting in a Final Administrative decision issued by the Commissioner in 2007, which they then appealed to Suffolk Superior Court. MassDEP referred the case to the Attorney General's Office. Today's Order settles this Superior Court case and requires Port Norfolk to pay a penalty of $500 within 30 days of and $500 is suspended. Port Norfolk also has to comply with the license, the terms of today's Order and construct public benefits, including a public pedestrian access walkway, signage, public handicap parking, and a public viewing platform.12/11/09


Date: 12/8/09
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $19,837.50 Penalty involving Linde North America, Inc., for Waste Site Cleanup violations at 643 Huntington Avenue in Boston. Linde of Murray Hill, New Jersey supplies and transports compressed gasses and cryogenic liquids and also services the storage installations for these materials. Linde failed to notify MassDEP in a timely manner of a sudden release of 1200 gallons of liquefied nitrogen that occurred when Linde overfilled an above ground storage tank system located at the Harvard School of Public Health. Liquefied nitrogen is a cryogenic liquid that rapidly boils and expands as a gas when released in normal atmospheric conditions. When released, the rapidly expanding nitrogen gas may displace oxygen, creating an oxygen deficient atmosphere that is potentially fatal. Direct contact with liquefied nitrogen may cause frostbite or freeze burns in exposed tissues. As a result of being overfilled, the Liquefied Nitrogen storage system leaked in several locations including the exterior atmosphere in an alley located between several occupied structures in the vicinity of the storage tank system as well as within a sample storage area within the Harvard School of Public Health. Linde also failed to conduct necessary immediate response actions expeditiously following the release of liquefied nitrogen. In addition, Linde failed to respond to a request for information issued by MassDEP within the established timeframe. Linde has agreed to develop and distribute an oil-and-hazardous materials release reporting plan for its Massachusetts operations. The company will pay $ 10,000 within thirty days and MassDEP has agreed to suspend the balance pending compliance over two years.


Date: 12/8/09
municipality: ['Sheffield']
Text:
  MassDEP issued two (2) Unilateral Orders to the Option Institute and Fellowship in Sheffield for Water Supply violations. MassDEP issued two orders to this public water system


Date: 12/8/09
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with a $1,450 Penalty involving New England Disposal Technologies, Inc., for Industrial Wastewater and Hazardous Waste Management violations in Sutton. The company is a licensed Hazardous Waste transporter that violated Hazardous Waste Management Regulations by holding hazardous waste in one of its vehicles for longer than the allowable five-day limit. In addition, the company failed to record hazardous waste container inspections; it failed to retain hazardous waste inspection logs; and, it failed to file a compliance certification for its industrial wastewater discharges. Under today's Order, the company will maintain compliance with all applicable regulations, pay a $1,450 Penalty, and perform a Supplemental Environmental Project valued at $3,850. Under the SEP the company will prepare and for air a public service announcement on a local radio station that will inform vehicles operators who to contact in the event of a fuel spill. This action will help ensure hazardous waste is properly transported.


Date: 12/8/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $12,880 Penalty involving Symmons Industries, Inc. for Hazardous Waste Management violations at its facility in Braintree. MassDEP conducted a multi-media inspection and determined that the company was reducing the volume of hazardous wastewater treatment facility sludge from its plating operations by manually transferring the sludge to an oven, a form of treatment without a license, and was also acting out of status as a large quantity generator. In addition, there were violations related to container and manifest management and emergency posting requirements. In addition to the Penalty, the company has agreed to take the necessary steps to return to compliance.


Date: 12/7/09
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Mystic Landing, LLC, for Waste Site Cleanup violations at Alford Street in Everett. On 6/26/09, MassDEP issued a Notice of Noncompliance to Mystic Landing, LLC for failure to submit a phase three report for the site within two years of tier classification as required. Secondly, a phase four report for the site within three years of tier classification is required. A final response action outcome statement for the site is due within five years or a tier two extension. In response to the NON, Mystic Landing submitted a tier two extension to MassDEP proposing the sale of the site and a new five year schedule to return the site to compliance. On 10/16/09, Mystic Landing sold the property. Today's Order requires the payment of a $9,000 penalty for the violations.


Date: 12/7/09
municipality: ['Seekonk']
Text:
  MassDEP entered into a Consent Order with $4,350 Penalty involving Foley Recycling for Solid Waste violations in Seekonk. Specifically, the company stored full and partially full roll-off containers at a site that was not permitted as a solid waste facility. In addition to the Penalty, Foley Recycling has agreed to comply with the regulations going forward.


Date: 12/4/09
municipality: ['Everett']
Text:
  MassDEP executed a Consent Order with Dale Dennison, as trustee of Springwood Realty Trust, for Waste Site Cleanup violations at 108 Spring Street in Everett. The property was formerly owned by W.A. Wood Company and today's Order is for failure to meet a submittal deadline as established in an earlier Notice of Noncompliance issued by MassDEP on 4/27/09. Today's Order now establishes new deadlines for revised phase cleanup report submittals, and a final response outcome statement. Today's Order contains a stipulated penalty provision for missed deadlines.12/4/09


Date: 11/25/09
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with a $13,220 Penalty involving Cyn Environmental Services for Hazardous Waste Management violations at its Stoughton facility. MassDEP inspected the Washington Street facility and found that the company had failed to address facility maintenance/improvements necessary to comply with their license requirements in addition to minor hazardous waste violations, including labeling, open and damaged containers and emergency planning. Today's Order ensures the company will take the necessary steps to bring the facility fully into compliance with all Hazardous Waste Management requirements.


Date: 11/23/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $13,700 Penalty involving John Butler for Asbestos violations at a residence on Mendon Road in North Attleboro. MassDEP and the state's Division of Occupational Services inspected the property and found Butler was removing asbestos containing materials (ACM) from his residential property without filing the proper notifications to MassDEP and for not using the required asbestos work practices, including g failure to seal the work area, failure to properly remove and containerize the materials in leak-tight containers. MassDEP has agreed to fully suspend the Penalty provided Butler does not violate any provision of the Consent Order, or further violate any of the regulations cited in the order within one year of the effective date of the Order.


Date: 11/19/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Energy Thorndike, Inc. for Waste Site Cleanup violations at its former property, the Diamond Cascade Mill located in Palmer. MassDEP found that Energy Thorndike failed to undertake and document the completion of cleanup response actions and comply with previously sent notices of noncompliance. The cleanup involves the release and cleanup of soils contaminated with heavy fuel oil and oil constituents at this former manufacturing mill located in Palmer. Violations identified by MassDEP included the failure to submit status reports and failure to maintain remedial systems. Under today's Order, Energy Thorndike has agreed to complete response actions and submit a response action outcome statement within 300 days of the effective date of the Consent Order. Today's Order also includes stipulated penalties in the event the company fails to meet the requirements.


Date: 11/18/09
municipality: []
Text:
  MassDEP entered into a Consent Order with Lanesborough Fire and Water District for Water Supply violations. The Board of Water Commissioners has agreed to address the total coliform detections within the distribution system. The Order requires the commissioners to submit a tank inspection report and other actions to address the problems.11/17/09


Date: 11/17/09
municipality: ['Grafton', 'Worcester']
Text:
  MassDEP issued a $54,937.50 Penalty Assessment Notice to Earthworks Site Development & Utilities, Inc for Asbestos violations in Worcester. The company, which is located in Grafton, was cited for violations of the Asbestos Regulations during a November 2007 MassDEP inspection of a demolition project where the company was conducting work on Main Street in Worcester. The company demolished a commercial structure in downtown Worcester that contained friable asbestos insulation. MassDEP halted the demolition work, and required the property owner to retain the services of a licensed asbestos-abatement contractor to properly clean up and dispose of all of the asbestos waste and asbestos-contaminated debris. Today's Penalty was issued as a result of the company's failure to supply financial information in support of its "financial inability" claim. Numerous attempts by MassDEP to reach a negotiated settlement through the issuance of an Administrative Consent Order with Penalty have not been met.


Date: 11/16/09
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving National Metal Finishing Company for Industrial Wastewater and Hazardous Waste Management violations at its Springfield facility at 175 Progress Avenue. An inspection by MassDEP found the facility was discharging industrial wastewater to the Springfield publicly-owned treatment works without obtaining a permit. In addition, MassDEP found various hazardous waste housekeeping (maintenance) and labeling violations. National Metal Finishing Company, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the violations were detected. National Metal Finishing Company has agreed to pay $3,750 of the Penalty, with the remaining $2,000 suspended pending the company's compliance with terms of the Order.


Date: 11/13/09
municipality: ['East Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving Home Instead Senior Care (HISC) for Waste Site Cleanup violations in East Bridgewater. HISC is the owner of a commercial property located at 604 Bedford Street in East Bridgewater where an oil release from a former Underground Storage Tank (UST) occurred. On 8/20/08, 8, MassDEP issued HISC a Notice of Noncompliance (NON) for failing to complete response actions at this site in a timely manner. HISC did not comply with that NON. Today's Order requires submittal of cleanup response actions within 60 days and full payment of the Penalty.


Date: 11/13/09
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty involving the Milford Water Company to address Water Supply violations. The company will take significant steps to improve the operation and maintenance of its public water system, which serves the residents of Milford. MassDEP identified necessary corrective actions following the issuance of a Boil Water Order in August 2009. The boil water order was issued by MassDEP after bacteria contamination was detected. The boil water order remained in effect for 14 days. Today's Order requires the company to replace or repair the Congress Street tank and include a mixing system in the tank. The company will also complete an evaluation of the water distribution system, submit an updated distribution system map, and submit a Master Plan and Capital Improvement Plan for the system. The company will also design and construct a new facility or a modified treatment plan for the Dilla Street Treatment Facility. Under the terms of today's Order, the company will take these corrective actions, pay the Penalty, and perform a Supplemental Environmental Project (SEP) valued at $37,500. Through today's Order, and under the SEP, the Company will work with representatives of the Town of Milford to enhance the town's emergency notification system, including the town's reverse-911 system. In addition, the company will develop and implement an Environmental Management System valued at $10,000. This action will result in the protection of approximately 27,100 persons served by this system.


Date: 11/12/09
municipality: ['Royalston']
Text:
  MassDEP entered into a Consent Order with a $5,120 Penalty involving the town of Royalston for Water Supply violations. The town is required to submit missing reports, develop a preventative maintenance plan, submit plans for the modification of its chlorination system, and develop an Infiltration and Inflow (I/I) control plan and to properly staff the plant. The entire Penalty will be suspended provided the town complies with the requirements of the Order.11/12/09


Date: 11/12/09
municipality: ['Concord']
Text:
  MassDEP entered into a Consent Order with Concord Oil Company for Waste Site Cleanup violations at 47 Lowell Road in Concord. The company failed to submit final cleanup report, a Response Action Outcome or Remedy Operation Status. Today's Order requires that the Concord Oil Company submit an RAO Statement or ROS submittal, which meets the requirements of 310 CMR 40.0893, by 9/22/10.11/12/09


Date: 11/10/09
municipality: ['West Brookfield']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Madden Estates, LLP for Water Supply violations in West Brookfield. Madden Estates located on Wickaboag Road in West Brookfield has agreed to obtain a certified operator for the small community public water system that serves this residential facility. Madden Estates, LLP has also agreed to obtain the necessary permits to install a system for the permanent disinfection of the water source, and submit a corrective action plan to address either the construction of a new well, or rehabilitation of the existing wells to comply with the drinking water regulations. Finally, Madden Estates, LLP agreed not to expand its operations without first having received MassDEP approval. This action will result in protection of source water for this public water system.


Date: 11/10/09
municipality: ['Seekonk', 'Sutton']
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty involving Roy Muldoon, Jr. for Waste Site Cleanup violations in Sutton. Muldoon, d/b/a R & R Enterprises of Seekonk, owns/operates a truck that was involved in an accident resulting in a diesel fuel spill on Route 146 in Sutton in 1998. Muldoon believed his insurance company had addressed the cleanup requirements. However the insurance company had not completed the cleanup requirements (a/k/a Response Action Outcome). Muldoon did not respond to reminder letters, or to a Notice of Noncompliance issued by MassDEP on 1/8/09. MassDEP then issued a Notice of Enforcement Conference. Muldoon's insurance company re-opened the claim, and submitted the final documentation on his behalf on 8/7/09. Under today's Order Muldoon has agreed to the Penalty.


Date: 11/10/09
municipality: ['Sturbridge']
Text:
  MassDEP entered into a Consent Order with a $5,172.50 Penalty with Western Express, Inc. of Nashville, Tennessee, for violations following a 12/22/08 release of diesel fuel at the Pilot Travel Center located at 400 Haynes Street in Sturbridge. The driver of a tractor-trailer owned and operated by Western pulled into the Pilot Travel Center at approximately 11


Date: 11/10/09
municipality: []
Text:
  MassDEP entered into an Amended Consent Order with a $2,000 Penalty with the city of Methuen for Waste Site Cleanup violations at 7 Lowell Street in Methuen. As owners of the property, the city has agreed to cleanup requirements and MassDEP and the city have agreed to an extended timeline for a phase four remedy implementation plan. In addition, the city agreed to submit a final response action outcome statement to complete the cleanup of the site. This site has been in MassDEP's release notification system since 1991. The property was a former trucking site. Today's enforcement action will lead to the final cleanup of gasoline-contaminated groundwater and soil at the site and construction of a park.


Date: 11/9/09
municipality: ['Wales']
Text:
  MassDEP entered into a Consent Order with Wales Brookside Village (WBV) for Water Pollution Control violations in Wales. WBV is a 64-unit mobile home park with wastewater design flow of 9,600 gallons per day that serves numerous on-site septic systems. WBV is low income /affordable housing under subject to rent control regulations. The requirements of today's Order includes


Date: 11/9/09
municipality: ['Pembroke']
Text:
  MassDEP entered into a Consent Order with the town of Pembroke for Solid Waste violations at the landfill in Pembroke. Under today's Order, the town agreed to a compliance schedule for the completion of the assessment, closure & capping of their 18-acre unlined inactive landfill area located off Hobomock Street in Pembroke. Today's Order is the second part of a two-part compliance plan for the site that began approximately four (4) years ago. The first compliance order required the town to pursue and obtain all necessary permits to relocate the unauthorized solid waste management activities to other areas of the site-assigned site, as well as to initiate environmental site assessment activities at the unlined landfill area in order to ascertain both environmental impacts and to determine levels of public-use safety. The activities required by the first compliance order have now been completed. This second order establishes the schedule for the final activities necessary to complete the landfill's closure with capping to be completed by 12/1/11. A closure certification report is also to be submitted 90-days after completion o the closure/capping actions.


Date: 11/9/09
municipality: ['Rochester']
Text:
  MassDEP entered into a Consent Order with a $4,800 Penalty involving Bendrix Bailey for Wetlands (Waterways) violations at 34 Garrish Road in Rochester. The violations involved the construction of a 37 linear feet of dock over Snipatuit Pond and alteration of approximately 25 square feet of "land-under-water". In addition, MassDEP determined that the existing flume, pump and stone dike along Snipatuit Pond are pre-existing conditions associated with an agricultural use (cranberry bog) and are considered normal maintenance and improvement, as noted in the regulations. MassDEP also determined that a change in commodity from cranberry bog to hay field has occurred, but did not increase or enlarge drainage ditches or place fill in a bordering vegetated wetlands, and therefore, complies with the regulations.


Date: 11/6/09
municipality: ['Wellfleet']
Text:
  MassDEP entered into a Consent Order with Harborside Village Coop Corporation for Water Supply violations in Wellfleet. The Corporation, Harborside, failed to submit a treatment recommendation after it exceeded the lead and copper action levels. Harborside has agreed to immediately begin a public education program and to either install a treatment system or become connected to the Wellfleet Public Water Supply to ensure water supply compliance.


Date: 11/5/09
municipality: ['Ayer']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty involving CPF, Inc. for Industrial Wastewater, Hazardous Waste Management violations in Ayer. During a routine inspection conducted in June, MassDEP personnel determined that the company failed to obtain a MassDEP-issued sewer connection permit and operated its wastewater pretreatment system without having a licensed wastewater treatment plant operator. In addition the company failed to comply with numerous hazardous waste container management requirements. The Company manufactures soft drinks, and bottles those drinks as well as water. The violations were subsequently corrected. Today's Order requires the company to maintain compliance with all requirements, and pay the full Penalty. This action will help ensure that industrial wastewater and hazardous waste will be managed according to applicable regulations.


Date: 11/5/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,240 Penalty involving Pierce Aluminum Company, Inc for Hazardous Waste Management violations in Franklin. The Company had generated and accumulated waste oil in excess of its registered hazardous waste status. In addition, the company failed to comply with other hazardous waste container management requirements. Today's Order requires the company to comply with applicable regulations and pay the full Penalty. This enforcement action will help ensure that waste oil is properly managed.


Date: 11/5/09
municipality: ['Goshen']
Text:
  MassDEP issued a $258 Penalty Assessment Notice to Dustin Bernier for Solid Waste violations in Goshen. MassDEP found Bernier was conducting an unpermitted burn of solid waste at his Goshen residence. The Goshen Fire Department extinguished the fire and provided written and photographic evidence of the violation.11/3/09


Date: 10/30/09
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $1,150 Penalty involving Hardwick Vineyard and Winery for Drinking Water violations in Hardwick. MassDEP determined the owners failed to meet operator, cross-connection, monitoring and reporting requirements of the Drinking Water regulations. MassDEP agreed to suspend the entire Penalty pending the Vineyard's compliance and that no further violations occur.10/30/09


Date: 10/28/09
municipality: ['Monson']
Text:
  MassDEP has entered into a Consent Order with Monson Water & Sewer Department for Water Supply violations in Monson. Monson has agreed to address the public water system's repeated violations (December 2008 and September 2009) of the total coliform rule. Today's Order includes a requirement to disinfect the system should a violation occur within the next twelve months.


Date: 10/28/09
municipality: ['Canton']
Text:
  MassDEP entered into a Consent Order with a $23,000 Penalty regarding Commercial Sheet Metal Co., Inc., for Hazardous Waste Management, Air Quality and Industrial Wastewater violations in Canton. The company operates a job shop for fabrication of metal products. In response to a complaint, MassDEP investigated and determined numerous hazardous waste violations, including treatment/disposal of hazardous waste (through evaporation) without a license; a deficient - or lack - of determinations on its hazardous wastes; accumulating more hazardous waste than allowed by their generator status; and, failure to comply with other hazardous waste management requirements. Additional violations included noncompliance with volatile organic compounds (VOC) involving its painting operation and industrial wastewater management requirements. Also, noncompliance with certain provisions of the facility's (Air Quality) plan approval for miscellaneous metal parts coating and deficiencies in the recordkeeping for VOCs and other pollutants. In settlement, the company agreed to pay the full Penalty, develop a facility-wide Waste Management Plan, bring the painting operation into full compliance, determine facility-wide air emissions, and to comply with all other requirements.


Date: 10/27/09
municipality: ['Scituate']
Text:
  MassDEP issued a Unilateral Order to the town of Scituate for Wetlands violations at Town Way Extension in Scituate. The DPW Director was issued the Order for the un-permitted destruction of vegetation, excavation, grading and placement of fill for the construction of a gravel road on a barrier beach (Peggotty Beach) and coastal dune. The Department is requiring the responsible party to cease and desist from further activity affecting the resource area.


Date: 10/27/09
municipality: ['Boston', 'Gloucester']
Text:
  MassDEP executed a Consent Order with a $35,000 Penalty regarding AmeriCold Logistics, Inc. for Hazardous Waste Management and Surface Water Discharge violations at four of its facilities located in Gloucester (3) and Boston (1). MassDEP (the Environmental Strike Force) inspectors determined that the cold storage facilities had several similar hazardous waste storage and labeling violations, surface water discharge violations, and issues with accidental releases of anhydrous ammonia. In addition to paying the $35,000 Penalty, AmeriCold has agreed to perform mechanical integrity inspections of its refrigeration systems at its facilities and to undertake repairs if necessary. The company will also cease any unpermitted discharges to Gloucester Harbor, and to comply with the hazardous waste storage and labeling regulations.10/26/09


Date: 10/24/09
municipality: ['Charlton', 'Oxford']
Text:
  MassDEP entered into a Consent Order with a $25,140 Penalty involving Alfred L. Dowell, Jr. for Solid Waste and Wetlands violations in Oxford. MassDEP determined that Dowell, Jr. (of Charlton) had undertaken to illegally dispose of solid waste debris within the Buffer Zone of a wetland located on property that he owns on Oxbow Road in North Oxford. Today's Order requires a number of corrective actions, and establishes legally enforceable timelines for the removal of the solid waste materials and restoration of the impacted wetland resource area. Under the terms of today's Order, Dowell is required to pay $18,000, while an additional $7,140 is suspended pending the restoration work and full compliance with all terms of today's Order, and that no additional violations occur for a one-year period.


Date: 10/24/09
municipality: ['Dudley']
Text:
  MassDEP entered into a Consent Order with a $2,010 Penalty regarding Russell Mackowiak for Water Supply violations in Dudley, Today's Order establishes an enforceable schedule for the development of an approved Transient Non-Community (TNC) public water supply system at Mackowiak's restaurant, Macks Place, which is located at 398 West Main Street in Dudley. Today's Order requires that Mackowiak operate the on-site well in accordance with the requirements for a TNC Public Water System (PWS), which includes hiring a certified operator, carrying out a monitoring program, metering water use, complying with cross-connection control requirements, and recording the PWS on its deed. Through today's Order, the owner agreed not to expand the facility with the existing water supply source without prior approval from MassDEP. MassDEP has agreed to fully suspend the Penalty, pending compliance with the terms of the Order. Today's action will ensure that the customers served will continue to receive water that is safe and fit to drink.


Date: 10/24/09
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $54,937.50 Penalty involving Thien Phan for Asbestos violations in Worcester. MassDEP discovered the violations during a March 2009 inspection of property located on Camp Street in Worcester. Under the terms of today's Order, Phan is required to fund the printing of 1,000 color copies of a Vietnamese-language version of the public outreach brochure titled "Asbestos, a Guide to Pre-demolition and Pre-renovation Requirements & Notifications for Homeowners and Contractors." Phan will provide 500 copies to the City of Worcester's Health and Building Departments and the other 500 copies to Our Lady of Villa Church in Worcester for distribution to its largely Vietnamese congregation. Under the terms of the Order, the Penalty will be fully suspended after Phan successfully documented the existence of financial hardship conditions. MassDEP staff familiar with the Vietnamese language will work with Phan on the translation (for the brochure) from English to Vietnamese.10/24/09


Date: 10/23/09
municipality: ['Egremont']
Text:
  MassDEP entered into a Consent Order with the town of Egremont to address the status of the Town Offices as a Public Water Supplier. Today's Order stipulates the conditions under with the Public Water Supplier must operate including operator, source monitoring, metering and cross-connection inspection requirements.


Date: 10/22/09
municipality: ['Holland']
Text:
  MassDEP and the Massachusetts Attorney General received a judgment in the Superior Court against Northeast Concepts, Inc., James LaMountain for Wetlands violations in Holland. The Court found in the amount of $75,000, and all injunctive relief requested, including restoration of resource areas was granted by the Court.10/22/09


Date: 10/21/09
municipality: ['Charlemont']
Text:
  MassDEP issued a Unilateral Order to Edward Regan for Wetlands violations at Old Heath Center Road in Charlemont. MassDEP determined that Regan had undertaken work that resulted in fill and concrete within <5,000 square feet of Bordering Vegetated Wetland (BVW) and in the 100 ft. Buffer Zone along an access road at Old Center Heath Road in Charlemont. Today's Order requires Regan to cease and desist from further work, and to undertake the removal of the fill by 4/30/10 and fully restore the impacted BVW.


Date: 10/20/09
municipality: ['Springfield']
Text:
  MassDEP has entered into a Consent Order with a $2,880 Penalty involving Bay State Cast Products, Inc. for Air Quality violations at its Brookdale Drive facility in Springfield. MassDEP determined the facility was emitting particulates and volatile organic compounds from its aluminum casting manufacturing operations, in noncompliance with the air quality regulations. Bay State Cast Products, Inc., which has cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. As part of a settlement agreement, Bay State Cast Products, Inc. has agreed to pay $1,750 with the remaining $1,130 was suspended pending the company's compliance with the terms and conditions of the agreement.10/19/09


Date: 10/16/09
municipality: ['Wales']
Text:
  MassDEP issued the Boil Water Order to Wales Market for Drinking Water violations in Wales. MassDEP received reports indicating repeated high counts of total coliform in the drinking water with a confirmation from a sanitary survey that the source is shallow and close to a surface water body. Efforts to disinfect the system were inadequate. The Boil Water Order will remain in place until MassDEP removes it.10/16/09


Date: 10/16/09
municipality: ['Everett', 'Framingham', 'Lawrence', 'Salem', 'Worcester']
Text:
  MassDEP has entered into Consent Order with six auto inspection stations after an Environmental Strike Force (ESF) investigation found each had conducted fraudulent vehicle emission inspections in 2008 and early 2009. Each of the six inspections stations will pay a penalty ranging from $6,000 to $30,000. Each has also signed a "Last Chance Agreement" with the Registry of Motor Vehicles (RMV) and agreed to a license suspension for a period ranging from 30 to 120 days. In each case, any additional violation during a one- or two-year license suspension period could result in a complete revocation of its license. The inspection stations are located in Everett, Framingham, Lawrence, Methuen, Salem and Worcester. The investigation found that stickers were placed on cars that could not pass the emissions test, circumventing the process by testing another vehicle that could pass the test.*Hi-Tech Auto Services, Inc. at 416 Ferry Street in Everett has had its auto inspection license suspended for 120 days, with the remainder of its two-year suspension contingent on future compliance. The facility has also been penalized $30,000 for conducting eight fraudulent inspections from 1/1/08 to 4/8/08 and will pay $3,000. The remaining $27,000 will be stayed based on continued compliance.*Framingham Petroleum & Auto Center at 174 Union Street in Framingham has had its auto inspection license suspended for 30 days, with the remainder of a one-year suspension stayed contingent on future compliance. The facility has also been penalized $6,000 for conducting 25 fraudulent inspections from 1/1/08 to 7/30/08 and for various hazardous waste management violations and will pay $3,000. The remaining $3,000 will be stayed based on continued compliance*Route 114 Gulf, Inc. at 325 Winthrop Avenue in Lawrence has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility has also been penalized $30,000 for conducting 15 fraudulent inspections from 1/1/08 to 7/30/08 and will pay $12,200. The remaining $17,800 will be stayed based on continued compliance.*Lowell Street Getty at 30 Lowell Street in Methuen has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility owner has also been penalized $32,000 for conducted 16 fraudulent inspections from 4/8/08 to 9/20/08 and will pay $16,000. The remaining $16,000 will be stayed based on continued compliance.*Spiros Energy & Auto Repair at 119 Boston Street in Salem has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility has been penalized $24,000 for conducting 12 fraudulent inspections from 11/1/08 through 2/25/09 and for various hazardous waste management violations, and will pay $6,000 with the remaining $18,000 dependent on continued compliance.*Power Test (Sfair Enterprises) at 390 Belmont Street in Worcester has had its auto inspection license suspended for 30 days, with the remainder of its two-year suspension contingent on future compliance. The facility owner has also been penalized $20,000 for conducting 28 fraudulent inspections from 1/1/08 to 9/16/08 and will pay the entire amount.


Date: 10/15/09
municipality: ['Plainville']
Text:
  MassDEP executed a Consent Order with an $8,000 Penalty involving the town of Plainville, for Waste Site Cleanup violations in Plainville. The town failed to comply with the deadlines established in a Notice of Noncompliance. In a Notice of Audit Findings/Notice of Noncompliance, a sixty-day deadline was established for the correction of the violations. MassDEP did not receive communication from the town indicating a willingness or readiness to comply. The town of Plainville has agreed to new compliance deadlines, and, in addition, will complete a Supplemental Environmental Project (SEP). Under the SEP, the town agreed to perform a community household waste collection event and conduct a hazardous material inventory and reduction effort for the Plainville Maintenance facility.


Date: 10/15/09
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with $3,440 Penalty involving Stahl/Gateway LLC, regarding its Chapter 91 license requirements at 80-100 City Square in Boston (Charlestown). Stahl/Gateway failed to comply with the special conditions of its Chapter 91 License, which was issued in 2001 to construct and maintain a four-story building for office, retail and commercial uses partially on filled Commonwealth tidelands of the Boston Inner Harbor. Stahl/Gateway will pay its occupation fees ($25,511.01) due on its annual payment plan and agreed to improve public access. Specifically, an interpretative center (850 square feet) will be re-opened, proper signage will be installed, and the restrooms will remain unlocked during public access hours. A management plan will be submitted to MassDEP for review to ensure public use and enjoyment of the property into the future. MassDEP has agreed to suspend the $3,440 Penalty provided the Stahl/Gateway stays in compliance.


Date: 10/13/09
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with a $19,837.50 Penalty involving Gulf Oil Limited Partnership for Waste Site Cleanup and Surface Water Discharge violations at 281 Eastern Avenue in Chelsea. Gulf Oil Limited Partnership is the operator of a large petroleum receiving, storage, handling and distribution facility at this site, specifically a subsurface transfer line at the facility leaked 48,000 gallons of gasoline to soils, storm drainage structures and the surface water of Chelsea Creek. Gulf Oil Limited Partnership failed to conduct Immediate Response Actions expediently on 9/19/07 in response to the release. The following day on 9/20/07, Gulf Oil Limited Partnership agreed to conduct the required actions. Gulf Oil Limited Partnership has agreed to pay $15,000 and MassDEP has agreed to suspend $4,837.50 pending future compliance. Today's Order also contains a requirement for Gulf Oil Limited Partnership to submit a plan to revise or improve release detection, prevention and response systems, plans and procedures for the facility.


Date: 10/13/09
municipality: ['Salem']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty regarding Shetland Properties Inc. for Waste Site Cleanup violations at 45 Congress Street in Salem. Shetland Properties Inc. is the owner of the property where it failed to meet cleanup deadlines. Today's Order/Amendment extends the deadline for submittal of the final outcome statement to no later than 3/30/10.


Date: 10/9/09
municipality: ['Sheffield']
Text:
  MassDEP entered into a Consent Order with a $25,500 Penalty involving Century Acquisitions for Hazardous Waste Management, Industrial Wastewater, Wetlands and Air Quality violations in Sheffield. The company operates a cement-batching plant in Sheffield. During an inspection, MassDEP observed the violations which included


Date: 10/8/09
municipality: ['Russell']
Text:
  MassDEP issued a Unilateral Order to Indian River Power, LLC, Water Quality violations in Russell. The company drained the impoundment above its power dam without following the notification procedures in its (401) Water Quality Certificate. Today's Order requires that Indian River cease and desist from further draining of the river impoundment and the owner/operator undertake immediate steps to mitigate impacts at the site resulting to resource areas, and fisheries. Full compliance with the Certificate is required by no later than 10/21/09. No further work/draining of the impoundment is allowed until written approval has been received by MassDEP.10/8/09


Date: 10/8/09
municipality: ['Tewksbury']
Text:
  MassDEP executed a Consent Order with a $14,000 Penalty involving Thomas J. and Veronica M. Hill for Wetlands violations at 20 Squire Lane in Tewksbury. MassDEP found the violations on their residential property and on abutting property owned by the town of Tewksbury. The case originated through the Wetland Change Initiative. Upon investigation, staff found that Buffer Zone and approximately 2,800 square feet of Bordering Vegetated Wetland (BVW) located on Town owned land immediately behind the Hill's home had been altered from use as a "yard" for vehicle, equipment and materials storage associated with the family masonry business. Today's Order requires the full restoration of the BVW with long-term monitoring, and the clean-up of the Buffer Zone pursuant to permission and direction of the Town. MassDEP has agreed to suspend $10,000 of the Penalty pending full compliance as of 10/31/15.


Date: 10/8/09
municipality: ['Concord']
Text:
  MassDEP executed a Consent Order with a $3,230 Penalty involving Industrial Wastewater violations by Emerson Hospital at 133 Old Road/Nine Acre Corner in Concord. During an unannounced inspection at this facility, MassDEP found Industrial Wastewater violations including a failure to apply for a MassDEP sewer-connection permit while discharging greater than 25,000 gallons per day combined sanitary and industrial flow into a publicly owned treatment work. Emerson Hospital has agreed to the penalty and to apply for the appropriate permit, paying twice the required permit application fee.


Date: 10/7/09
municipality: ['Milton']
Text:
  MassDEP issued a $21,555 Penalty Assessment Notice to TDS Services, Inc. for Asbestos violations at its Horton Place facility in Milton. In response to a complaint, MassDEP inspected the site and found several unsealed, unlabeled bags of asbestos-waste material in an unsecured driveway immediately adjacent to the street. Some of the bags were placed in labeled asbestos bags and caution tape was used to cordon off the area by MassDEP personnel. Attempts to reach a negotiated settlement with TDS have thus far been unsuccessful. TDS is being issued a $21,555 Penalty as are result of the violations of the air and solid waste regulations observed by MassDEP.


Date: 10/7/09
municipality: ['Holliston']
Text:
  MassDEP executed a Consent Order with an $11,645 Penalty regarding New England Precisions Grinding, Inc. for Hazardous Waste Management and Air Quality violations in Holliston. New England Precision Grinding, which formerly operated in Holliston as a manufacturer of precision medical components, initially self-reported violations of MassDEP regulations. Subsequent inspections revealed additional violations including


Date: 10/7/09
municipality: ['Holliston']
Text:
  MassDEP issued a $10,787.50 Penalty Assessment Notice to Karen and Michael Flaherty for Waste Site Cleanup violations in Holliston. In December 2003, the Flaherty's were operators of a former gas station. After discovering notification conditions during the due diligence investigation and pre-purchase process, they did not notify MassDEP despite repeatedly being informed of that requirement by an environmental consultant (the Licensed Site Professional). In 2006, after learning of these conditions, the property owner notified MassDEP and conducted response actions including the final Response Action Outcome Statement. However, the operators' failure to notify when the release was discovered was uncovered by MassDEP during a recent comprehensive audit of the disposal site. Other violations discovered during the audit were addressed in a Notice of Audit Findings issued to the property owner. MassDEP issued an Notice of Enforcement Conference to the Flaherty's and scheduled enforcement conferences on two occasions; however, the Flaherty's did not attend these meetings, resulting in the issuance of today's Penalty.


Date: 10/7/09
municipality: ['Framingham']
Text:
  MassDEP executed a Consent Order with a $19,050 Penalty involving JKB, Inc. d/b/a Auto Bite Car Wash for Waste Site Cleanup violations at 105 Hollis Street in Framingham. JKB is the owner of the property where violations were found including


Date: 10/6/09
municipality: ['Hadley']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty regarding E&A/I&G Campus Plaza Limited Partnership for Waste Site Cleanup violations at 454 Russell Street in Hadley. MassDEP found the Partnership failed to comply with a previous notice of noncompliance, which had required the submittal of a revised risk characterization. MassDEP had sought the characterization of several constituents which were detected in groundwater at this site. The Response Action Outcome Statement on this property did not include the constituents identified. Today's Order requires E&A/I&G Campus Plaza to submit a revised risk characterization study and conduct additional (cleanup) response actions, if necessary. The Order also requires E&A/I&G Campus Plaza to pay the $2,500 Penalty and includes stipulated penalties should any additional violations occur.10/6/09


Date: 10/5/09
municipality: ['Topsfield']
Text:
  MassDEP issued a Unilateral Boil Water Order to New Meadows Golf Club, Inc. for Water Supply violations at 30 Wildes Road in Topsfield. MassDEP issued the Order in response to Total Coliform results, repeat samples, taken from the Club's water supply well, which is used for domestic purposes such as drinking water and/or hand washing. As this may pose an unacceptable risk to consumers, this facility has been instructed to perform an inspection on the property to find the source of contamination and to provide details of their findings.


Date: 10/1/09
municipality: ['Worcester']
Text:
  MassDEP issued a $54,937.50 Penalty Assessment Notice to John G. Sabbey for Asbestos violations in Worcester. Sabbey, a Worcester landlord, was issued the Penalty for multiple violations of the Asbestos Regulations observed during an October 2007 inspection. Sabbey was observed improperly removing an asbestos-insulated boiler and pipes from an occupied multi-family rental property he owns in Worcester. Large quantities of dry, friable asbestos insulation were observed uncontained throughout the basement of the building, as well as outside on the ground and in the back of Sabbey's pick-up truck. Unable to resolve the issues involving the violations, through prolonged negotiations, MassDEP issued today's Penalty.


Date: 9/30/09
municipality: ['Stow']
Text:
  MassDEP executed a Consent Order and a Notice of Noncompliance to DiTullio Realty Trust in Stow to establish an enforceable schedule for the development of an approved transient, non-community Public Water System (PWS) for the 10.0 Academy which is located at 181 Great Road in Stow, Massachusetts. Today's Order requires the owner to operate on-site water supply well as a PWS. Additionally, and in accordance with the requirements for a PWS, the facility must hire a certified operator, it must carry out a monitoring program, and it must comply with cross-connection requirements. The owner also agreed not to expand or increase the number of persons served by the PWS; and to either tie into an alternative PWS by 9/1/11, or carry out additional requirements to continue operation as a PWS. This action will ensure that the members and staff utilizing this PWS will receive water that is safe and fit to drink.


Date: 9/30/09
municipality: ['Nantucket']
Text:
  MassDEP entered into a Consent Order with a $2,157.50 Penalty involving Victor Brandon Corporation for Waste Site Cleanup violations in Nantucket. The company failed to properly notify of a release of heat transfer oil that exceeded the reportable quantity of 25 gallons. In addition to the Penalty, Victor Brandon Corporation has conducted a Supplemental Environmental Project on Nantucket involving infrastructure improvements necessary to improve response times by public safety personnel.


Date: 9/29/09
municipality: ['Walpole']
Text:
  MassDEP entered into a Consent Order with an $11,213 Penalty involving Motiva Enterprises, LLC for Waste Site Cleanup violations at 920 Main Street in Walpole. The company failed to comply with the terms and conditions of an Activity and Use Limitation (AUL), specifically, upon transferring the property in 2005, the respondent failed to make reference to the AUL in the new deed. In addition, the nature and extent of contamination was not adequately delineated, the risk characterization failed to evaluate all probable exposure pathways and the AUL did not reflect all exposure assumptions in the risk characterization. Today's Order also establishes deadlines for completing the necessary tasks required to correct the violations.


Date: 9/29/09
municipality: ['Townsend']
Text:
  MassDEP issued a Boil-Water Order to Townsend Water Department, a community Public Water System (PWS) that serves approximately 7,720 customers. The Town notified MassDEP that one of six repeat bacteria samples was confirmed positive for total coliform and e.coli. The PWS is in noncompliance because of total coliform and an e. coli-positive repeat sample detected. Townsend reported that it recently had conducted fire flow testing and also had a significant water main break that impacted pressure in the system, which may be possible causes for the contamination. Through today's Order, the PWS is required to notify its customers and the board of health as well as implement its emergency plan to provide disinfection of the system and conduct additional sampling. Prior to this incident, the Townsend Water Department does not routinely add disinfectant to its drinking water. After two consecutive rounds of clean samples, the order was lifted on 10/4/09. This action was taken to assure safe drinking water for the 7,720 persons served by this system.


Date: 9/29/09
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $4,350 Penalty involving Admiral Metals Service Center Co., Inc. for Asbestos violations at 11 Forbes Road in Taunton. The company failed to submit written notification to MassDEP prior to beginning removal of asbestos-containing material. The company has agreed to comply with the regulations and pay the Penalty.


Date: 9/29/09
municipality: ['North Andover']
Text:
  MassDEP executed a Consent Order with Peter Breen for Waste Site Cleanup violations at 770 Boxford Street in North Andover. Breen is owner and/or operator of the property where MassDEP in October 2007, identified petroleum contamination in drinking water wells. MassDEP then issued a Notice of Noncompliance to Breen on 7/24/09. Today's Order requires a phase one assessment report and either a final response outcome or a permit to continue additional cleanup measures (tier classification) by no later than 11/30/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.9/28/09


Date: 9/24/09
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $16,500 Penalty involving Claire K. Penney for Wetlands violations at 187 Fisk Street in Tewksbury. MassDEP determined through its Wetlands Change Initiative that violations of the Wetlands Protection Act occurred on this residential property. Upon inspection, staff found that approximately 7,100 square feet of Bordering Vegetated Wetland (BVW) had been altered by excavating a small pond adjacent to an intermittent stream and conversion of the surrounding BVW into a manicured lawn with ornamental shrubs. Today's Order requires full restoration of BVW with long term monitoring. MassDEP has agreed to suspend $13,500 of the Penalty pending full compliance by 10/31/12.


Date: 9/24/09
municipality: ['Holliston']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving the Stoneworks Company, Inc., for Industrial Wastewater Violations in Holliston. The company discharged stone cutting wastewaters to the ground without a MassDEP Groundwater Discharge Permit. In addition to the Penalty, the company agreed to maintain compliance with applicable requirements. This action will help ensure industrial wastewater generated by this Company is properly managed.


Date: 9/24/09
municipality: ['Holliston']
Text:
  MassDEP executed a Consent Order with a $2,500 Penalty regarding TransRiver Transfer Systems, LLC, for Solid Waste violations at 115 Washington Street in Holliston. MassDEP inspected the property in March of 2008 and required that the company cease utilizing its construction and demolition building for the transfer of municipal solid waste. The Company was also ordered to cease and desist accepting waste ban materials (cardboard) as a result of an additional inspection conducted on 5/19/08. Under the terms of today's Order, TransRiver Transfer Systems has agreed to comply with all conditions contained in its operating permit and to pay the Penalty.


Date: 9/24/09
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $21,883 Penalty involving Hess Corporation for Chapter 91 license violations at 295 Derby Street in Salem. MassDEP's Waterways Program found that the license holder failed to construct a waterfront walkway that is to become part of the new South River Harborwalk in Salem. Under today's Order, the license holder has agreed to correct the violations and within 30 days pay $10,000 of the Penalty. MassDEP has agreed to suspend $11,883 pending construction of the waterfront walkway and compliance with the license.9/23/09


Date: 9/22/09
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with a $105,000 Penalty involving Greener Landscaping, Inc. for Hazardous Waste Management, Wetlands Protection Act, Water Quality Certification and Air Quality violations at 123 Bolt Street in Lowell. The case originated with a telephone complaint about violations. The property had obtained a local Order of Conditions (OOC) that authorized construction of a commercial building with parking lot and stormwater controls in the buffer zone to Bordering Vegetated Wetland (BVW). Upon inspection, staff found that the project approved by the local OOC had been approximately doubled in area without authorization to include a much expanded parking area with no stormwater controls, a Quonset-style storage building, outdoor bulk materials and equipment storage areas, and, an on-road and off-road diesel fuel and gasoline dispensing facility. This work had resulted in the filling of approximately 8,000 square feet of federally jurisdictional Isolated Vegetated Wetland (IVW). Additionally, plowing on the site had pushed soils and other earth materials into BVW resulting in alteration of approximately 1,530 square feet of resource area. On follow-up inspection, multiple violations were found of Air Quality regulations governing the (stage two) vapor recovery system, and, Hazardous Waste regulations governing the handling and burning of waste oil. Today's Order requires full compliance with all documentation, reporting and handling requirements identified. Additionally required is full restoration of all BVW and IVW on the site with long-term monitoring. MassDEP agrees to suspend $70,000 if the all terms of today's Order are met and the site is in full compliance on 10/31/15.


Date: 9/22/09
municipality: ['Chicopee', 'Wales']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty regarding Joseph Bryda for Wetlands violations in Wales. Bryda, of 41 Arnold Street in Chicopee, was found to have begun reconstruction of an access road and culvert at Orchard Street, Wales, and Massachusetts without a valid Order of Conditions. Construction work involved alteration of 12 linear feet of bank, and a jurisdictional stream. The work also involved the installation of a culvert that did not meet the stream crossing standards. Today's Order requires Bryda to either remove the culvert or submit a restoration plan that demonstrates that the culvert, or a modified culvert complies with Massachusetts Stream Crossing Standards and is designed and sized properly to handle flows in the tributary watershed. Today's Order requires payment of a civil administrative penalty of $6,500 with $1,500 suspended contingent upon compliance.9/21/09


Date: 9/21/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Phil Beaulieu & Sons Home Improvement, Inc., for Asbestos violations in Easthampton. The violations were discovered during MassDEP's complaint investigation of a multi-unit residential building located in Easthampton. MassDEP received a report that insulation and siding work were being performed without instituting the appropriate asbestos transite siding handling and disposal procedures. The company cooperated with MassDEP and immediately retained an asbestos abatement contractor to clean up the site and has agreed to develop and implement a Standard Operating Procedure for dealing with asbestos during future home improvement activities. MassDEP has agreed to suspend $6,000 of the Penalty for one year provided all terms of the Order are met.


Date: 9/21/09
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $1,060 Penalty regarding the Southwick Water Department for Water Supply violations specifically, repeated violations of monitoring, reporting and cross-connection control requirements and repeated violations involving total coliform bacteria. Under today's Order, Southwick is required to submit written standard operating procedures to ensure routine compliance with the total coliform rule, the lead and copper rule and the consumer confidence rule requirements. In addition, Southwick will maintain compliance with the rules, provide public notification for the recent monitoring violation and will be subject to a "capacity" downgrade to "inadequate" if it fails to meet these requirements in the next twelve (12) months. MassDEP has agreed to fully suspend the Penalty pending compliance with all the required actions.9/18/09


Date: 9/18/09
municipality: ['Petersham']
Text:
  MassDEP entered into a Consent Order with the Town of Petersham for Water Supply violations, specifically, addressing multiple violations involving total coliform bacteria exceedences during a 12 month period. Today's Order provides for the following


Date: 9/16/09
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with a $1,438 Penalty regarding NSTAR Electric & Gas Corporation for Air Quality, Groundwater Discharge and Hazardous Waste Management violations in Plymouth. In June 2009, MassDEP conducted site inspections at the Plymouth service center and observed violations relative to generator notification/storage requirements; air quality violations regarding record keeping; groundwater discharge violations regarding discharge to the groundwater from floor drains and an oil/water separator. NSTAR has corrected the hazardous waste and air quality regulation violations, and sealed the floor drains to prohibit discharge. NSTAR will also submit a plan to manage its Industrial Wastewater in accordance with state regulations. NSTAR will also pay $1,438, and implement a Supplemental Environmental Project (SEP) by making a donation of $4,312 to the town of Plymouth for the Eel River Headwaters Restoration Project.


Date: 9/15/09
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with a $25,800 Penalty involving C.P. and T. Corporation for Waste Site Cleanup violations at 1465 Middlesex Street in Lowell. Peter Van Nguyen as owner of 1465 Middlesex Street, failed to complete response actions. Today's Order includes timelines for a permit to conduct additional cleanup measures (a tier classification submittal) and the final response outcome necessary to return this site to compliance. This site has been in the system since 1989 and the property is currently a gas station. This enforcement action will lead to the cleanup of gasoline-contaminated groundwater and soil at the site.


Date: 9/15/09
municipality: ['Gill']
Text:
  MassDEP entered into a Consent Order with Gill-Montague School District for Water Supply violations in Gill, specifically repeated total coliform detections at the Gill Elementary School. The school exceeded the maximum contaminant level for total coliform bacteria in both July and August 2009. The public water supply took short term corrective actions. Today's Order requires the source be tested for Microscopic Particulate Analysis (to determine surface water influence) and the installation of permanent disinfection if additional detections occur in the next twelve (12) months.


Date: 9/15/09
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $15,400 Penalty regarding Mountain Park LLC, for Wetlands violations in Holyoke. Mountain Park was found to have begun cutting and clearing of 15,050 square feet of Bordering Vegetated Wetlands without a valid Order of Conditions. Today's Order requires restoration to be implemented by 11/27/09. MassDEP has agreed to suspend $6,400 of the Penalty contingent upon compliance with the Order.


Date: 9/15/09
municipality: ['Stoughton']
Text:
  MassDEP entered into a Consent Order with Environmental Compliance Corporation for Hazardous Waste Management violations in Stoughton. MassDEP conducted a single-media inspection revealed and found the company had violations relating to the manifests submitted to MassDEP, along with accumulation area and container management violations. The company has agreed to take steps to bring the facility back into compliance.


Date: 9/14/09
municipality: ['Russell']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Texon USA for Surface Water Discharge violations in Russell. The penalty was assessed for exceedence of its monthly Biochemical Oxygen Demand (BOD) limit in its water discharge. The violation was discovered during a review of discharge monitoring reports submitted by the facility. Texon-USA, in addition to the Penalty, has agreed to take corrective steps to maintain compliance with its permit.9/14/09


Date: 9/14/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $575 Penalty involving Hampden Fence Supply, Inc. for Hazardous Waste Management violations in Agawam. MassDEP's inspection on 1/28/09 found that the company had not notified MassDEP of a change in its hazardous waste generator status. An additional violation was related to hazardous waste housekeeping provisions. Hampden Fence, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. In addition to the Penalty, Hampden Fence will pay $1,575, which is the total amount of annual compliance fees it would have paid had it been operating in the appropriate status.


Date: 9/14/09
municipality: ['Boston']
Text:
  MassDEP Commissioner Laure Burt issued a Final Decision regarding a Consent Order with a $28,100 Penalty issued to Alan Mofsowitz d/b/a Pro Air Heat, Air-Conditioning & Refrigeration for Asbestos violations at 17 Rodman Street in Boston (Jamaica Plain). Today's Order settles Pro Air's appeal of a prior Penalty Assessment Notice (PAN) issued as a result of violations of the asbestos regulations observed by MassDEP after responding to a compliant. Due to Pro Air's inability to pay, the entire Penalty will be suspended for a period of two years. Pro Air entered this agreement to settle the appeal but neither admits nor denies the facts or allegations set forth in the Order.


Date: 9/14/09
municipality: ['Cambridge']
Text:
  MassDEP Commissioner Laurie Burt issued a Final Decision regarding a Consent Order with an $18,050 Penalty and Naggar Realty, LLC, for Asbestos violations at 563 Massachusetts Avenue in Cambridge. Today's Order settles an appeal of a prior Penalty Assessment Notice (PAN) issued as a result of Asbestos violations observed by MassDEP while responding to a complaint. In settlement of the appeal, Naggar will pay $7,500 and $10,550 will be suspended for one year.


Date: 9/14/09
municipality: ['Tisbury']
Text:
  MassDEP entered into a Consent Order with Anderson Irrevocable Vineyard Trust (Eric Anderson as Trustee) for Waste Site Cleanup violations at Harness Shop Square at 23 Beach Street Extension in Tisbury. The Trust submitted an incomplete phase two assessment of the site, specifically, failure to describe the extent of soil and groundwater contamination at the site. In addition, the report failed to include a phase three remedial action plan as required by regulations, even though the report concluded that comprehensive remedial actions are necessary at the site. Today's Order establishes deadlines for any future submittals to ensure the cleanup remains in compliance.


Date: 9/11/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,435 Penalty involving Richard Sheperd for Asbestos violations in Greenfield. MassDEP found that Sheperd, of Turners Falls, had conducted illegal removal and disposal of asbestos thermal insulation from a boiler located at his rental property located in Greenfield. Sheperd failed to comply with state asbestos regulations during the removal activity and transported the asbestos waste to a local transfer station. Sheperd immediately cooperated with MassDEP and retained an asbestos contractor to clean up the property. After a review of the financial information provided, Sheperd has been assessed a $4,435 Penalty, suspended in its entirety for one year provided Sheperd remains in compliance with the asbestos regulations.9/11/09


Date: 9/10/09
municipality: ['Sandwich']
Text:
  MassDEP entered into a Consent Order with a $920 Penalty regarding Coca-Cola Company for Hazardous Waste Management violations in Sandwich. A multi-media inspection revealed Coca Cola was acting out of its registered hazardous-waste status; acting as a transport, storage and disposal facility without a license (storing waste oil); also, failing to post signage at the hazardous accumulation area, as well as failure to properly label hazardous waste tanks. In addition to the Penalty, the company has agreed to restore and maintain the facility in full compliance.


Date: 9/9/09
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $15,989 Penalty involving Saint-Gobain Abrasives, Inc., for Air Quality violations at its New Bond Street facility in Worcester. MassDEP determined from file reviews, and observed during inspections of the company that after-burners were not operating at specified temperatures. The facility agreed to take eighteen specific corrective actions throughout its complex within specified time frames, and is now back in compliance.


Date: 9/8/09
municipality: ['Hinsdale', 'Washington', 'Windsor']
Text:
  MassDEP issued Unilateral Orders to New England Infrastructure, Inc. (NEI) for violations observed at work in Windsor, Washington and Hinsdale. MassDEP inspected three active dam reconstruction sites


Date: 9/7/09
municipality: ['Gloucester']
Text:
  MassDEP lifted the Boil-Water Order for the city of Gloucester relative to Water Supply violations. The Gloucester Water & Sewer Division at 9 Dale Avenue in Gloucester which serves a summer population of 45,400 customers was originally issued a Boil-Water Order on 8/21/09. However, an area served by the Blackburn Industrial Standpipe was issued a new Boil Water Order for the Blackburn area. This new Order had several necessary actions required of the Water Division to follow up. These actions include maintenance actions and documentation of certain operations at the Babson Water Treatment Plant to help determine whether the plant is operating properly. The city must continue operation of temporary booster chlorination locations until otherwise approved in writing by MassDEP, and must flush water mains to establish an adequate chlorine residual throughout the distribution system. Within seven (7) days, the city's engineering consultants must evaluate the chlorine dosing regimen and possible alternative disinfection approaches and recommend changes to improve disinfection of the water system. The city must submit a plan and schedule to inspect the inside of the Bond Hill water storage facility.


Date: 9/4/09
municipality: ['Oxford']
Text:
  MassDEP issued a Unilateral Order to Kevin Stone Sr. and Kevin Stone, Jr., for Solid Waste and Hazardous Waste Management violation sat at 30 Old Charlton Road in Oxford. Stone, Sr. is the owner of the property, while Kevin Stone, Jr. operates an unlicensed scrap metal recycling operation on the property. Responding to information provided by an Oxford Police Officer, MassDEP personnel inspected the site multiple times and discovered numerous containers of various sizes containing waste oil, paints, solvents and degreasing agents. Solid waste materials were also observed partially buried on the site. Today's Order requires the violations to cease.


Date: 9/3/09
municipality: ['Boston', 'Raynham', 'Sharon']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty regarding Preferred Freezer Services of Raynham and Preferred Freezer Services of Boston, LLC for Hazardous Waste Management violations. Inspections of Preferred Freezers' facility located in Sharon were performed on 7/10/08, and 7/15/08 and in Raynham on 7/14/08. MassDEP observed violations of hazardous waste management, air quality, industrial wastewater discharge to surface water and toxic use reduction regulations. In addition to agreeing to the Penalty, Preferred Freezer service is committed to correcting the violations and complying with all the regulations in the future.9/2/09


Date: 9/2/09
municipality: ['Bedford']
Text:
  MassDEP entered into a Consent Order with a $32,000 Penalty regarding 185 Great Road Corp., for Waste Site Cleanup violations. As owner of the property at 185 Great Road in Bedford, the corporation failed to meet deadlines set out in a Notice of Noncompliance dated 3/6/08. Today's Order requires a tier tow extension by 9/30/09, a phase two report by 5/30/11, a phase three report by 6/30/11, a phase four report by 1/31/12 and a final response outcome 1/30/13. MassDEP has agreed to suspend $22,000 of the Penalty pending full compliance. There is a stipulated penalty provision for any missed deadlines.


Date: 8/31/09
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $14,484 Penalty involving the Somerville Housing Trust III for Waste Site Cleanup violations at 481 Columbia Street in Somerville. MassDEP inspection on 5/12/09 found a violation of the Activity and Use Limitation (AUL) at this location. The primary focus of the field inspection was to gather information regarding new construction within to see if the work was done in conformance with the requirements. During the field inspection, it was discovered that significant construction activities had occurred within the AUL area for the installation of electric utility lines and a pad mounted transformer. MassDEP determined that the excavation of soils below three feet in violation of the AUL. During the majority of this construction activity, no LSP was contracted, no health and safety plan and no soil management plan was implemented - as required. At the time of the violations the Trust was the owner of the properties in question. Somerville Housing Trust III LLC has agreed to pay $7,000 within 30 days and MassDEP has agreed to suspend $6,484 for one year pending compliance.


Date: 8/31/09
municipality: ['Wayland']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty with Concord Oil Co., Inc. for Waste Site Cleanup violations at 356 Boston Post Road in Wayland. Specifically, the violations were for non-notification of a release of oil and conducting cleanup measures without MassDEP approval. In lieu of the Penalty, Concord Oil agreed to perform a Supplemental Environmental Project (SEP) in the amount of $10,000 as follows


Date: 8/27/09
municipality: ['Bolton']
Text:
  MassDEP issued a Boil-Water Order to Bolton/CIF II, LLC, as owners of the Bolton Office Park, which operates a non-transient non-community water system (125 customers) located at 580 Main Street in Bolton. The contract operator notified MassDEP that four of five repeat bacteria samples collected were confirmed positive for total coliform. Two of the four coliform positive samples were also confirmed positive for e coli (fecal) bacteria. The system is in noncompliance with the monthly for total coliform, and the acute total coliform, which may pose an acute risk to public health from short-term exposure. Through today's Order, the system is required to provide public notice to boil the water until further notice, and to provide disinfection to the water supply wells. Today's Order also requires additional sampling, evaluation as to the cause of the violation, and corrective action activities to be carried out under the direction of MassDEP staff. This action will result in protection of the approximately 125 customers served by this system.


Date: 8/26/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,100 Penalty involving Lance Manufacturing, LLC, for Hazardous Waste Management violations in Hyannis. A multi-media inspection of the facility revealed Hazardous Waste violations for labeling of hazardous waste containers, storage area requirements and operating out of its registered status. The facility agreed to the Penalty which includes unpaid Annual Compliance Fees and agreed to comply with the hazardous waste requirements.


Date: 8/25/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $1,060 Penalty involving Williamsburg Water Department for Water Supply violations. The violations were in connection with its failure to submit the results of an adequate number of bacteria samples in June 2009 and the failure to submit the Consumer Confidence Report and certification for 2008. MassDEP has agreed to suspend the entire Penalty provided the system develops standard operating procedures for sampling (routine and lead & copper) and compliance with the Consumer Confidence Rule and complies with all reporting requirements for a period of two years.8/25/09


Date: 8/24/09
municipality: ['Stow']
Text:
  MassDEP entered into a Consent Order with Presti Family Limited Partnership for Water Supply violations in Stow. Today's Order provides an enforceable schedule for the development of an approved non-transient, non-community public water system (PWS) at 92 Great Road in Stow to serve the businesses renting at this location, including a child daycare center. Today's Order requires the owner to operate the on-site water supply well as an approved PWS. Additionally, in accordance with the requirements, the facility must hire a certified operator, carry out a monitoring program, meter water usage, complete cross-connection requirements, and provide documentation to determine if any type of treatment for the PWS is required. The owner also agrees not to expand to increase the number of persons served, and to either tie into an alternative PWS by 9/1/11, or cease being a PWS at that time. This action will ensure that the approximately 60 persons utilizing this PWS will receive water that is safe and fit to drink.


Date: 8/21/09
municipality: ['Boston']
Text:
  MassDEP issued a $19,320 Penalty Assessment Notice to 78-82 Atlantic Avenue in Boston and a Unilateral Order to the Wharf Nominee Trust, Philip Y. DeNormandie, Trustee, for failing to have a Chapter 91 (Waterways) license for the Boston Sail Loft Cafe and Bar, located on flowed and filled private tidelands of the Boston Harbor. The Order requires that Philip DeNormandie, as Trustee, apply for the proper Chapter 91 license for the Sail Loft and then conform the structure to the license, which would require building a public walkway around the structure for public access.


Date: 8/21/09
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with a $4,660 Penalty involving Aramark Uniform Services for Industrial Wastewater violations at 110 Glenn Street in Lawrence. During an unannounced inspection of Aramark Uniform & Career Apparel, MassDEP found the company's failed to apply for a MassDEP sewer connection permit while discharging greater than 50,000 gallons per day combined sanitary and industrial flow. Also, the company did not have an operation & maintenance manual for its on-site industrial wastewater pretreatment system, and did not have revised and modified engineering plans for its system. Aramark has agreed to pay the Penalty and apply for the proper sewer connection permit, paying two times the permit application fee. Aramark will also prepare an O/M manual, and revise and modify its engineering plans.


Date: 8/21/09
municipality: ['Gloucester']
Text:
  MassDEP issued a Boil-Water Order to the Gloucester Water & Sewer Division in Gloucester. A turbidity problem at the Babson Water Treatment Plant on 8/15 resulted in Gloucester having a diminished ability to produce finished water for a few days. During this time, the water level in the city's main storage tank dropped greatly and the city had to buy water from adjoining towns. By 8/21, MassDEP obtained results of bacteria testing that detected total coliform bacteria at multiple locations, including rounds of repeat testing but e coli was not detected. Gloucester was having difficulty restoring an adequate chlorine residual to the distribution system, and no residual was detected at most bacteria monitoring locations. MassDEP therefore issued the Order.


Date: 8/21/09
municipality: ['Dover', 'Natick']
Text:
  MassDEP was notified that the former owner and operator of Associated Processor Service (APS), a medical waste disposal company in Natick, pleaded guilty in Middlesex Superior Court on charges he unlawfully stored and disposed of medical waste, and unlawfully dumped hazardous waste, including mercury, down the drain of his Mechanic Street facility. Edward P. Small, of Dover, pleaded guilty to violating the Hazardous Waste Management Act (7 counts), the Clean Water Act (2 counts), the State Sanitary Code (2 counts), and the Solid Waste Management Act (1 count). He was sentenced to 18 months in the House of Correction with the sentence suspended for a probationary period of five years. Small must also pay $50,000 into a trust set up by the Attorney General's office that will pay for some of the cost of remediation of the former APS facility; for prosecution expenses; and for continued training & legal education in the area of environmental enforcement. The case was investigated by the Environmental Strike Force, which worked closely with the Massachusetts Water Resources Authority, in obtaining a criminal search warrant, and covert surveillance cameras to uncover important information regarding Small's disposal activities.


Date: 8/20/09
municipality: ['Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving Central Systems Company, Inc. for Hazardous Waste Management violations in Bridgewater. MassDEP conducted a site inspection on 6/11/09 and observed hazardous waste regulations violations relative to generator notification requirements. MassDEP had previously explained the notification requirements and sent the required forms to the company. Central Systems Company Inc. has since submitted the required forms, registering as a small quantity generator of waste oil. MassDEP applied the Small Business Policy to mitigate the penalty.


Date: 8/19/09
municipality: ['Sturbridge']
Text:
  MassDEP issued a Boil-Water Order to Pilot Travel Centers, LLC at 400 Hayes Street in Sturbridge, a non-transient, non-community public water system which serves approximately 250 customers. The contract operator notified MassDEP that all six repeat total coliform samples collected in the distribution system and the source confirmed positive for total coliform. The sample locations with the positive results indicated that the total coliform was widespread in the system and not an isolated incident. While the system is not routinely disinfected, MassDEP determined that this was a severe violation for bacteria, and the microbiological contamination posed a threat to public health. Through today's Order the system is required to immediately provide disinfection to the water supply, and to notify persons by hand delivery and other means to boil their tap water or use water from an alternate source until further notice. The Order also required additional sampling, evaluation as to the cause of the violation, and corrective actions to be carried out under the direction of MassDEP. This action will result in protection of the approximately 250 customers served by this system.


Date: 8/14/09
municipality: []
Text:
  MassDEP issued a Boil-Water Order to the town of Lanesboro following review of reports documenting both total coliform bacteria and e coli. bacteria in the Berkshire Spring public water system. Berkshire Spring serves a consecutive public water supply which has disinfection. Berkshire Spring also directly serves three homes without disinfection. The Town's Berkshire Spring has experienced total coliform detections since late 2007 and the town has been subject to various enforcement actions since that time.


Date: 8/13/09
municipality: ['Chelmsford']
Text:
  MassDEP issued a Demand for a $1,160 Suspended Penalty to Cumberland Farms, Inc., for continuing violations at its Allston and Chelmsford locations. MassDEP previously executed a Consent Order with Cumberland Farms, Inc. for Stage II violations at their Allston and Chelmsford facilities. That Order required Cumberland to pay an $8,610 Penalty, of which $7,450 was paid. The remainder of the penalty was suspended for one year provided that the company returned to and remained in compliance. Follow-up inspections of the above named facilities in March and May of 2009 revealed that neither facility had all of their Stage II testing paperwork available for review, in violation of the Order.


Date: 8/13/09
municipality: []
Text:
  MassDEP issued a Unilateral Cease-and-Desist Order to Scott and Elaine Barbato for Wetlands violations in Foxboro. The Barbatos have been ordered to cease and desist wetlands alterations and install erosion controls. The property owners had constructed a boulder retaining wall and graded a slope in the Riverfront Area within the Canoe River Area of Critical Environmental Concern without permits under the Wetlands Protection Act.


Date: 8/10/09
municipality: ['Milford']
Text:
  MassDEP issued a Boil-Water Order to Milford Water Company (MWC) in Milford. MWC is a community public water system serving approximately 27,100 customers. On 8/8/09, MWC notified MassDEP that two routine bacteria samples were confirmed positive for total coliform and one sample was positive for e coli. On 8/8, MWC notified MassDEP that six repeat samples collected on 8/7, were also total coliform positive but negative for e coli. MWC is in noncompliance with the acute MCL for total coliform and the violation may pose an acute risk to public health from short term exposure. Through today's Order, MWC is required to provide public notice to boil the water until further notice and increase disinfection in the distribution system. Today's Order also requires additional sampling and corrective action activities, under the direction of MassDEP staff, to determine and correct the cause of the violation. This action will result in protection of the approximately 27,100 customers served by this system.


Date: 8/7/09
municipality: ['Newbury']
Text:
  MassDEP Commissioner Laurie Burt issued a Final Decision on Wetlands violations at 33 Southern Boulevard, Plum Island, in Newbury. The Decision, regarding Edward Mazur and his residential property settles an appeal of a formerly issued "cease and desist" Order issued by MassDEP. Violations were found on the site included the removal of a previously existing structure, constructing a new structure on the existing foundation and performing other work on a coastal dune and in the buffer zone to coastal beach on a barrier beach in non-compliance with an Order of Conditions that had been issued, and in non-compliance with the Wetlands Protection Act regulations. The Order requires crawlspace foundation modifications be implemented to bring the house into compliance with current regulations and the state's building code. Also, the coastal dune must be restored as required. There are also stipulated penalties for failure to meet the requirements.


Date: 8/7/09
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving John J. Samek for Air Quality and Hazardous Waste Management violations in Hardwick. Samek was generating waste oil, but was not registered with MassDEP as a generator as required. In addition, Samek had conducted open burning of refuse in noncompliance with the Air Quality regulations. As part of the settlement agreement, Samek will pay $500 and $500 will be suspended pending compliance with the terms of the Order.8/7/09


Date: 8/6/09
municipality: ['Salem']
Text:
  MassDEP and the Registry of Motor Vehicles executed a Consent Order with a $24,000 Penalty involving Spiros Energy & Auto Repair, Inc., of Salem, for violations of the Motor Vehicle Emissions & Inspection Maintenance Regulations. Spiros Energy is licensed by the Registry to conduct motor vehicle safety and emissions inspection. After analyzing data from the state's vehicle inspection database, MassDEP found inconsistent vehicle data for 12 emission inspections, indicating the occurrence of improper and illegal emission inspections. MassDEP and the Registry also conducted follow-up inspections of the facility. Today's Order suspends the license of Spiros Energy for two years with all of that time stayed and suspends payment of $18,000 of the penalty, provided there are no further improper inspections.


Date: 8/4/09
municipality: ['Wakefield']
Text:
  MassDEP entered into a Consent Order with an $11,780 Penalty involving Lakeside Vista, LLC, for Waste Site Cleanup violations at 599 North Avenue in Wakefield. Lakeside Vista, LLC, is owner and operator of the site where it has failed to undertake approved Immediate Response Action activities in a timely manner to address releases of oil at the site, causing and exacerbating subsequent releases of oil to Lake Quannapowett, and failed to remove remediation waste from the site within 120 days. Lakeside Vista agreed to pay $7,000 of the Penalty, with an additional $4,780 suspended pending compliance with the terms and deadlines in the Order.


Date: 8/4/09
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with an $8,630 Penalty regarding Jack Elias, LLC, for Waste Site Cleanup violations at 468 Lowell Street in Peabody. Jack Elias, LLC is the owner of the property where failure to remove contaminated soil from within an area subject to an Activity and Use Limitation (AUL) without notification to MassDEP was undertaken. Such soil excavation is prohibited by the AUL on the site. Also, the property owner failed to maintain pavement over the AUL area. Jack Elias, LLC has now agreed to pay $5,000 of the Penalty with $3,630 suspended pending compliance with the Order.


Date: 8/4/09
municipality: []
Text:
  MassDEP issued a Unilateral Order (Amended) to Lanesborough Board of Selectmen MassDEP issued an amended Unilateral Order to the Lanesborough Board of Selectmen to address ongoing bacteria detections in the Berkshire Spring source and system. The Town owns the source and provides water to a consecutive system which installed disinfection and the Spring directly serves homes without disinfection.


Date: 8/4/09
municipality: ['Worthington']
Text:
  MassDEP issued a Boil-Water Order to Berkshire Park Camping Area for Water Supply violations in Worthington. MassDEP issued the Order due to the facility operations without adequate oversight, source protection, water quality monitoring and treatment. The owners operated the facility in violation of a previously issued Unilateral Administrative Order.8/3/09


Date: 8/3/09
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Burt's Furniture Stripping, Inc. for Air Quality and Hazardous Waste Management violations in Springfield. The company generates waste methylene chloride, but was not registered with MassDEP as a generator of hazardous waste. Small amounts of paint-related waste material were being mixed with sawdust and disposed of with the company's trash. The company was also operating a paint spray booth that did not meet the construction and operational requirements and the company did not submit the required "Plan Approval" application to MassDEP. As part of the settlement agreement the company will pay $600 and $400 will be suspended pending demonstrated compliance with the terms of the Order.8/3/09


Date: 8/3/09
municipality: ['Northampton']
Text:
  MassDEP executed an Administrative Consent Order with Don Lia, the owner/operator of the property located at 171-187 King Street in Northampton for Waste Site Cleanup violations. Lia had requested a six-month extension to the deadline for submittal of the phase two and three assessment reports. Lia stated that extra time was needed to delineate the extent of contamination, and explained that there were access issues with an abutter. Today's Order establishes a new deadline of 9/30/09 for submittal of the phase two and three, as well as a deadline of 3/10/10 for submittal of the phase four remedy implementation plan. Today's Order also contains stipulated penalties in the event of missed deadlines.8/3/09


Date: 7/31/09
municipality: ['Mendon']
Text:
  MassDEP issued a Boil-Water Order to Myriad Ballroom at 6 Nipmuc Road in Mendon. This transient non-community public water system supplies drinking water for function events serving up to 600 customers. On 7/24, the contract operator notified MassDEP that four of five repeat total coliform samples collected in the distribution system and the source confirmed positive for total coliform. The sample locations with the positive results indicate that the total coliform is widespread, and not an isolated incident. This system is not routinely disinfected. MassDEP has determined that this is a severe violation for bacteria pursuant to MassDEP policy, and the microbiological contamination poses a threat to public health. The facility was immediately required to boil or use bottled water for consumption and food preparation and begin emergency chlorination of the system. Through today's Order system is required to post public notice of requirements to boil water or use bottled water until further notice. Additional sampling and corrective action activities are required under the direction of MassDEP staff, including raising the wellhead and submittal of a coliform sampling plan for the facility. This action will result in protection of the public served by this system.


Date: 7/30/09
municipality: ['Lexington']
Text:
  MassDEP executed a Consent Order with a $36,915 Penalty regarding Dr. James Manganello as trustee of Belmont Manor Realty Trust, for Waste Site Cleanup violations at 1707 Massachusetts Avenue in Lexington. The Trust is the owner of the property where the violations were for failure to submit Remedial Monitoring Reports (RMR) and Immediate Response Action (IRA) status reports on 11/6/08 and 5/6/09. Further, the Trust failed to submit a new phase two Comprehensive Site Assessment on 9/13/08 as required in a notice of noncompliance issued by MassDEP on 3/13/08. Today's Order requires the missing RMRs and IRA to be submitted by 8/29/09 and the new phase two by 4/15/10. MassDEP has agreed to suspend $31,915 pending compliance with cleanup deadlines.


Date: 7/28/09
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $19,920 Penalty involving U-Haul Company of Massachusetts and Ohio, Inc., d/b/a U-Haul Company of Boston. MassDEP found the operator of the truck storage and maintenance facility at 985 Massachusetts Avenue, Boston, for Waste Site Cleanup violations, specifically, failure to notify MassDEP on 9/28/08, of a release of gasoline from vehicle fuel tanks. The company failed to conduct timely Immediate Response Actions to address that release. MassDEP has agreed to suspend $9,920 of the Penalty pending compliance.


Date: 7/23/09
municipality: ['Chatham']
Text:
  MassDEP entered into a Consent Order with ACME Laundry, based in Hyannis, for Waste Site Cleanup violations at its property at 497 Orleans Road in Chatham. ACME failed to comply with the deadlines established in a Notice of Noncompliance issued by MassDEP. During an audit of the cleanup actions conducted here, MassDEP identified violations, specifically, the requirements applicable to the Activity & Use Limitation at this property. In a Notice of Audit Findings & Notice of Noncompliance, a 60-day deadline was established for the correction of these 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 including that ACME will submit a revised closure outcome by 11/25/09.


Date: 7/23/09
municipality: ['Sherborn']
Text:
  MassDEP issued a Do-Not-Drink the Water Order to Woodhaven Elderly Housing at 2 Village Way in Sherborn after three total coliform positive samples taken from the distribution system and one total coliform positive sample taken from the entry point to the distribution system. As this may pose an unacceptable risk to consumers, Woodhaven Elderly Housing will be on a "DO NOT DRINK" and immediately place temporary disinfection on-line at all active sources and distribution locations, including storage tanks, and perform one-direction flushing of the system in accordance with applicable laws and regulations. Woodhaven Elderly Housing is required to collect repeat samples for total coliform analysis at the locations and frequency approved by MassDEP, including raw water, entry point, routine distribution system locations, or other specified locations. Such sampling shall continue daily until MassDEP determines that the principal incident or reason for the violation has been corrected and the water no longer poses a risk to health.


Date: 7/23/09
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Dorothy and Ronald W. Campbell for Asbestos violations in Wilbraham. The violations occurred at a rental property they own. MassDEP's action is the result of receiving a complaint from a tenant that Ronald Campbell had illegally removed asbestos thermal insulation from a boiler to facilitate its replacement and had placed trash bags full of asbestos-containing waste at the curbside without following the necessary asbestos notification, handling and disposal procedures. During the removal activity, vibrations of the pipes that extend from the boiler room into the complainant's basement level apartment caused the asbestos to delaminate and fall onto the floor of the apartment. In addition, MassDEP found pieces of remnant asbestos thermal insulation on the basement stairs, and boiler demolition debris bearing remnant asbestos thermal insulation on the ground outside the boiler room entrance. At the MassDEP's directive, Campbell has retained a licensed asbestos abatement contractor to clean up the property. MassDEP has agreed to suspend $8,000 of the Penalty pending full compliance for a one-year probationary period.


Date: 7/22/09
municipality: ['Arlington']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Ralph Cerundolo as Trustee of RC Realty Trust for Waste Site Cleanup violations at 1092 Massachusetts Avenue in Arlington. As owner of the property the Trust failed to meet deadlines set out in an earlier Consent Order executed 11/29/07. Today's Order requires a phase two report by 6/30/10, a phase three report by 12/30/10, a phase four report by 6/30/11 and a response outcome by 12/30/11. Today's Order contains a stipulated penalty provision for any missed deadlines.


Date: 7/20/09
municipality: []
Text:
  MassDEP issued an Administrative Consent Order with a $16,500 Penalty to Butternut Basin, Inc. to address excessive water withdrawals for snowmaking at its Ski Area. The withdrawals exceeded the registered and permit authorized volumes from ponds and a well. Butternut Basin, Inc. had been issued enforcement for a similar violation for its water withdrawals in the year 2005. MassDEP has agreed to suspend the entire $16,500 of the Penalty pending compliance. In addition, the company will submit a plan and permit amendment submittal for future use if use exceeds existing limits.


Date: 7/17/09
municipality: ['Charlton']
Text:
  MassDEP issued a Boil-Water Order to the Joslin Diabetes Center, Inc. regarding its Elliot P. Joslin Camp located at 150 Richardson Corner Road in Charlton. This is a transient non-community public water system that serves approximately 170 customers. The contract operator notified MassDEP that five of six repeat total coliform samples collected in the distribution system and the source confirmed positive for total coliform. The sample locations with the positive results indicate that the total coliform was widespread in the PWS, and not an isolated incident. The system is not routinely disinfected. MassDEP determined that this is a violation for bacteria and the microbiological contamination poses a threat to public health. The facility immediately switched to bottled water for drinking and food preparation. The systems is required to notify persons by hand delivery and other means to boil the water until further notice, and it has implemented emergency disinfection in the distribution system. Additional sampling and corrective action activities are required under the direction of MassDEP staff


Date: 7/17/09
municipality: ['Dover']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty regarding Ian Burke as trustee of Dover Farm Realty Trust for Waste Site Cleanup violations at 1 Chestnut Street in Dover . As owner and/or operator of the property the Trust failed to meet deadlines set out in notices of noncompliance issued by MassDEP on 7/20/07 and 11/4/08. Under today's Order, the Trust is required to submit a tier classification submittal or a (final) response action outcome by 7/30/10. MassDEP has agreed to suspend $25,000 of the Penalty pending full compliance. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.7/16/09


Date: 7/15/09
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Paul Crowley and Rosemary Nolan as trustees of 26 Alley Street Realty Trust in Lynn. The trustees of this property were cited for Waste Site Cleanup violation, specifically failure to meet deadlines issued on 1/29/07 and as executed on 9/17/08. Today's Order requires a tier classification submittal or response outcome by 10/30/09. MassDEP has agreed to suspend $25,000 of the Penalty pending compliance while also providing for stipulated penalty provision for any missed deadlines.7/14/09


Date: 7/10/09
municipality: ['Swansea']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving the Swansea Water District for Drinking Water violations. Swansea Water District constructed a new water treatment facility at the corner of Vinnicum Road and Warhurst Avenue in Swansea. A final inspection of the facility revealed that changes were made to the facility design that had not been approved. Changes made to the chemical storage room resulted in the elimination of proper chemical spill containment. Today's Order requires the respondent to design proper containment measures, submit a written proposal for Department approval, and construct the containment. MassDEP has agreed to suspend the full Penalty pending compliance.


Date: 7/10/09
municipality: ['Warren']
Text:
  MassDEP issued an Administrative Consent Order to Triple M Homes Corporation for Water Supply violations in Warren. Under today's Order, the corporation agrees to address its repeated detections of total coliform bacteria, including investigation and corrective action requirements.7/10/09


Date: 7/8/09
municipality: ['New Marlborough']
Text:
  MassDEP entered into a Consent Order with Southfield Water Company for Water Supply violations in New Marlborough. Under today's Order the company agrees to address necessary system improvements to prevent water losses and ensure adequate sources and storage for its customers in accordance with the regulations.


Date: 7/8/09
municipality: ['Revere']
Text:
  MassDEP executed a Consent Order with NAI Corporation for Waste Site Cleanup violations at 485 Broadway in Revere. MassDEP found that the company failed to submit phase reports, pertaining to the status of how the cleanup was progressing within the deadlines. MassDEP previously issued a notice of noncompliance regarding these missed deadlines on 4/16/09. New deadlines have now been established in order to return this site to compliance with the submittal of phase two and three reports by 12/15/09. In addition, there are stipulated penalties of $1,000 per day per violation for violations of this agreement.


Date: 7/7/09
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Waters Technologies Corporation for Air Quality violations in Taunton. The facility at 177 Robert Treat Paine Drive conducted a self-audit and voluntarily disclosed that the facility's potential emissions of nitrogen oxides (NOx) from fuel burning equipment including boilers and HVAC equipment, an emergency generator and a regenerative thermal oxidizer to be greater than the major source threshold of 50 tons per year. The facility has an existing Non-Major Comprehensive Plan Approval which limits the facility's NOx emissions to less than 46.9 tons per year which the facility's actual emissions never exceeded. The facility agreed to submit a Non-Major Comprehensive Plan Application and to restrict the emissions of NOx so that it is below 'major source' threshold.


Date: 7/2/09
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order with a $1,500 Penalty involving the town of Westport for Wetlands violations at East Beach Road in Westport. Specifically, the Town of Westport Highway Department altered the form of the barrier beach along East Beach Road by creating a berm from sand, gravel and cobble excavated from the adjacent beach without obtaining an order of conditions (permit). The town has agreed to cease this activity, pay the Penalty and will perform a Supplemental Environmental Project (SEP). Under this SEP, the town will develop written procedures to ensure proper compliance with environmental laws and regulations and will employ a consultant to perform mandatory training sessions on environmental compliance.


Date: 7/1/09
municipality: []
Text:
  MassDEP issued Notices of Noncompliance (NONs) to 79 generators of solid waste and 22 waste haulers as part of its Hauler/Generator Waste Ban Enforcement Initiative. The NONs were issued for violations of the Massachusetts waste bans, which prohibit the disposal of certain materials at landfills or combustion (waste-to-energy) plants. These waste-ban materials include easy-to-recycle and toxic materials including paper, cardboard and paperboard; bottles and cans; leaves and yard waste; lead acid batteries; whole tires; cathode ray tubes (CRTs); and more. MassDEP is contacting generators that received NONs to offer them assistance in complying with the waste bans.


Date: 7/1/09
municipality: ['New Marlborough']
Text:
  MassDEP entered into a Consent Order with Buggy Whip Realty Corporation of New Marlborough for Water Supply violations in New Marlborough. The corporation has agreed to address the operation of its public water system, either to register as a public water system and/or to provide an opportunity for it to connect to another public water system.7/1/09


Date: 6/30/09
municipality: ['Gardner']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to KNE Realty Trust for Waste Site Cleanup violations in Gardner. MassDEP found the Trust failed to conduct the necessary actions for a release of oil and/or hazardous material at the disposal site formerly known as Mailman Steam Cleaners in Gardner. Specifically, the Trust failed to submit either a tier classification relative to the cleanup of the site, or the (final) response action outcome statement within the deadlines established. MassDEP had previously issued a notice of responsibility to the Trust in 2003, a notice of noncompliance in 2007 and 2008, and a notice of an enforcement conference in 2009. KNE Realty Trust did not respond to these notices. The Trust has been assessed today's Penalty for failure to take action.


Date: 6/30/09
municipality: ['Templeton']
Text:
  MassDEP issued a $23,360 Penalty Assessment Notice to L & L Towing for Waste Site Cleanup violations in Templeton. L & L Towing, which is located in Guilford, Vermont, failed to conduct the necessary actions for a spill of oil that occurred as a result of a truck accident at the intersection of Route 68 and Route 202 in Templeton, Massachusetts. Specifically, L & L Towing neither submitted a Release Notification Form, an Immediate Response Action Plan, and either a tier classification or (final) response action outcome statement regarding this spill within the deadlines established. MassDEP issued a Notice of Responsibility to the company in 1996, and a notice of noncompliance in 2008, and a notice of enforcement conference in 2009. L & L Towing has not returned to compliance in response to any of these notices.


Date: 6/30/09
municipality: ['Boxborough', 'Pelham']
Text:
  MassDEP issued a $33,860 Penalty Assessment Notice to Therriault Trucking, Inc. for Waste Site Cleanup violations in Boxborough. Therriault Trucking, Inc. of Pelham, New Hampshire, failed to conduct the necessary actions for a spill of oil that occurred as a result of a truck accident on Route 495 Southbound in Boxborough. Specifically, Therriault Trucking failed to submit a release notification form, an immediate response action plan, and final response action outcome statement relative to this spill and within the deadlines established. MassDEP had previously issued a notice of responsibility to Therriault Trucking, Inc. in 2000, a notice of noncompliance in 2008, and a notice of enforcement conference in 2009. Therriault Trucking has not returned to compliance in response to any of the notices.


Date: 6/30/09
municipality: ['Hubbardston']
Text:
  MassDEP executed a Consent Order with Rutland Plaza, Inc, for Waste Site Cleanup violations in Hubbardston which establishes a deadline for completion of the required tier classification or submittal of a final response action outcome statement. The company's property located at 12 Old Westminster Road was included in MassDEP's compliance initiative project. In response to a recent notice of noncompliance, Rutland Plaza requested an extension which is incorporated into today's Order. Rutland Plaza has agreed to submit a tier classification and final response outcome by no later than 6/30/09.


Date: 6/30/09
municipality: ['Norwell', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Clean Harbor Environmental Services, Inc. for Air Quality violations in Worcester. Clean Harbors of Norwell was cited for violations involving excessive vehicle idling on 3/19/09 when MassDEP observed two unattended trucks with engines idling for over 20 minutes on Madison Street in Worcester. This is a repeat violation cited previously in a 2006 notice of noncompliance. In addition to the Penalty, today's Order requires the company to re-train all of its drivers on the Massachusetts idling regulations. The company has stated the installation and proper operation of an automatic engine turnoff is mandatory.


Date: 6/30/09
municipality: ['Hubbardston']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Thomas Holopainen for Water Pollution Control violations in Hubbardston. MassDEP found Holopainen had allowed his certification as a septic system inspector to lapse, but continued to perform inspections. Today's Order requires that Holopainen cease all activities requiring a valid system inspector certification until such time that he has re-taken and passed the system inspector training examination and obtained the required certification before conducting any further inspections. Through today's Order, Holopainen has agreed to notify all property owners who received inspections he conducted during the period when his certification had expired. MassDEP has agreed to fully suspend the Penalty provided that Holopainen complies with the terms of the Order and remains in compliance for one year. This action will ensure the public is served by professionals who bear current certifications.


Date: 6/30/09
municipality: ['Hadley']
Text:
  MassDEP executed a Consent Order with a $43,750 Penalty involving Bri-Mar Farm Site for Wetlands violations at 69 Moody Bridge Road in Hadley. Brian Zuckerman, Martha Zuckerman, Bruschi Brothers, Incorporated were identified as responsible for the violations including alteration of site streams, pond, bordering vegetated wetlands in preparation for construction of a 44-lot subdivision without a valid (permit) order of conditions as required. The violations were discovered after a review of site information was made in comparison to published wetlands photo/maps. Today's Order requires restoration of a stream at the site. In addition, the parties have agreed to a below-market value sale of the 60 acre site to the Trust for Public Land (TPL), a non-profit organization for the purpose of protecting the area as open space. The TPL is expected to transfer the property to US Fish & Wildlife as part of the Conte Refuge in the Connecticut River Watershed. MassDEP has agreed to suspend $33,750 of the Penalty pending full compliance with the Order.


Date: 6/30/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty regarding Erickson Cranberry Bogs for Wetlands violations at 77 Beach Street in Middleboro. The alteration was identified by the MassDEP's Wetlands Loss Project. The violation involved the expansion of a cranberry bog into a reservoir. The respondent has already removed the fill material and restored the reservoir.


Date: 6/30/09
municipality: ['Fairhaven']
Text:
  MassDEP entered into a Consent Order with a $3,737.50 Penalty involving Fairhaven Shipyard Companies, Inc. for Surface Water Discharge violations in Fairhaven. MassDEP in response to a complaint found that Fairhaven Shipyard allowed industrial waste water from pressure washing of marine vessels to discharge into New Bedford Harbor. Today's Order requires short-term measures to minimize impacts and construct a system to collect the industrial waste water for discharge to the Fairhaven sewer system.


Date: 6/25/09
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with Auto Body, Inc., for Waste Site Cleanup violations in Fitchburg. Today's Order establishes a deadline for the submission of either the required tier classification of the site conditions/cleanup, or a response action (final) outcome statement demonstrating no-further-action necessary at the site. The site was included in MassDEP's compliance initiative project. In response to a recent notice of noncompliance, Pride Auto Body requested an extension which is incorporated into today's Order Pride Auto Body has agreed to submit a tier classification submittal or outcome by 6/30/09.


Date: 6/25/09
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with Shaker Place Offices, LLC, for Water Supply violations in Sutton. Today's Order establishes an enforceable schedule for the development of an approved Non-Transient Non-Community (NTNC) public water supply system for operation at this property. The Order further requires Shaker Place Offices to operate the on-site well in accordance with the requirements for a NTNC Public Water System which includes the hiring of a certified operator, carrying out a monitoring program, submission of a required permit application for the existing water treatment system, and recording the system on the deed. Today's Order, puts in place an agreement not to expand the facility with the existing water supply source without prior approval from MassDEP. This action will ensure that the approximately 50 workers served by this NTNC Public Water System will continue to receive water that is safe and fit to drink.


Date: 6/25/09
municipality: ['Charlton', 'Spencer']
Text:
  MassDEP entered into a Consent Order with a $12,652 Penalty involving GJB Construction Services, Inc. for Waste Site Cleanup violations in Charlton. GJB, of Spencer, failed to properly notify MassDEP following the release of non-PCB mineral oil at the Miniature Tool & Die, Inc. property located at 15 Trolley Crossing Road in Charlton. On 10/3/08, Miniature Tool & Die, Inc. (Miniature) engaged GJB to remove a machine at the Site. The release occurred while GJB was removing the machine from the site when the machine accidently tipped over inside the roll-off container in which it was being transported from the site. An estimated 50 gallons of mineral oil was released from the machine into the roll-off container, and then onto a paved surface and adjacent soil. GJB notified Miniature immediately of the release and deployed absorbent pads, then disposed of the used pads in an unlabelled trash barrel at the site. Miniature hired CMG Environmental, Inc. (CMG) to respond to the release and provide LSP services. MassDEP was not notified of the release by CMG until 10/6/09. As a result of its failure to notify MassDEP of a sudden release of mineral oil within two hours, its failure to perform a timely Immediate Response Action, and for improperly disposing of remediation waste, GJB has agreed to devise and implement spill management plan. MassDEP has agreed to suspend $9,652 of the Penalty pending full compliance with the terms of the Order, under the provisions of the Small Business Policy.6/25/09


Date: 6/25/09
municipality: ['Attleboro', 'Plainville', 'Walpole']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Lorusso Corp., for violations in Plainville. The violations occurred at its quarry and composting facility located off Cross Street in Plainville. Lorusso Corp. accepted short paper fiber from Hollingsworth and Vose Company of Walpole, Massachusetts between January 2004 and October 2007. Lorusso Corp. mixed the short paper fiber waste with soil generated from the compost operation that was then offered for sale. Lorusso Corp. failed to receive an approval of suitability from MassDEP prior to reuse/selling/distributing of the short paper fiber sludge. Lorusso has agreed to comply with all applicable regulations in the future and MassDEP has agreed to suspend $6,469 of the penalty provided Lorusso Corp. completes a Supplemental Environmental Project (SEP). Under that SEP, the company agrees to provide the City of Attleboro with construction materials for repairing the Manchester Pond Reservoir Dam.


Date: 6/25/09
municipality: ['Charlton']
Text:
  MassDEP issued an $8,700 Penalty Assessment Notice to Sturbridge Finance Limited, Inc., and Muhmud Awan, individually and as president of the Sturbridge Finance Limited, Inc., for Waste Site Cleanup violations in Charlton. Those cited failed in the responsibility to respond to two other notices of noncompliance issued by MassDEP requesting a return to compliance by conducting response actions pursuant to a notice of audit findings. The requirements that were not met included a failure to determine exposure point concentrations in all potentially affected media, and a failure to determine the nature and extent of contamination.


Date: 6/22/09
municipality: ['Woburn']
Text:
  MassDEP entered into a Consent Order with Aberjona Realty Trust Waste Site Cleanup violations at 331 Montvale Avenue in Woburn. Following an audit of a downgradient property status submittal which Aberjona filed but which was determined to be insufficient. Deadlines have now been set for the submission of a tier classification, a revised phase two, a revised phase three and phase four and final response action outcome have been extended in today's Order through July, 2010. Because Aberjona raised the issue of extending the deadlines before they expired, no Penalty was assessed.6/22/09


Date: 6/19/09
municipality: ['Sturbridge']
Text:
  MassDEP executed a Consent Order with Woods & Waters, Inc., due to Water Pollution Control violations in Sturbridge. The company, doing business as Yogi Bear's Jellystone Park, has agreed to correct violations of the facility's ground water discharge permit. MassDEP noted the violations at the campground located in Sturbridge. Today's Order establishes a schedule for the owners to bring the wastewater infrastructure at the campground into compliance with the regulations through either the submission of permit applications to develop a groundwater discharge, or by downsizing the facility to remain within Title 5 design flow requirements. Under the terms of today's Order the owners will develop an interim operation plan for the existing on-site disposal system for MassDEP's review and approval. The interim plan will include how the owner will routinely inspect and, if needed, upgrade the on-site disposal systems to ensure proper operation until it can be phased out. This action will result in the proper treatment of 35,910 gallons per day of wastewater.


Date: 6/19/09
municipality: ['Upton']
Text:
  MassDEP issued a $32,197 Penalty Assessment Notice to Cook Land Clearing, Inc., for Air Quality and Solid Waste Management violations at its Milford Street in Upton. Following a fire on 6/20/07 at the facility which required responses from numerous local fire departments, MassDEP inspected the facility and noted the violations. As a result of an inability to successfully agree on the terms of a Consent Order with Penalty, MassDEP has today issued the Penalty.


Date: 6/19/09
municipality: ['Northbridge', 'Sutton']
Text:
  MassDEP issued a $7,575 Penalty Assessment Notice to Gerald P. Caya for Wetlands violations in Northbridge. Caya, of Sutton, was cited both individually and as Trustee of J&S Caya Realty Trust, for the violations that occurred on his property located at 76 Sutton Street in Northbridge. MassDEP observed that Caya had filled and graded land located within the buffer zone of Rockdale Pond, and had altered the area around the Pond and shore line. Caya did not apply for or receive a permit (order of conditions) for any of this work. Attempts by MassDEP to reach a negotiated settlement under the terms of an Administrative Consent Order with Penalty with Caya have been unsuccessful. This action will result in the restoration of 50 feet of lake shore and associated buffer zone.


Date: 6/19/09
municipality: ['Upton']
Text:
  MassDEP issued a $32,197 Penalty Assessment Notice to Jennifer M. Cook Company, Inc., for Air Quality and Solid Waste Management violations at the company's Milford Street facility in Upton. In response to a fire at the facility on 6/20/07, which required responses from numerous area fire departments, MassDEP inspected the facility and noted the violations. As a result of an inability to successfully agree on the terms of an Administrative Consent Order with Penalty, MassDEP issued today's Penalty.


Date: 6/18/09
municipality: ['Hubbardston']
Text:
  MassDEP entered into a Consent Order with Mark B., Jane, and Leon N. Andrews regarding Wetlands violations in Hubbardston. The violations occurred at their property located off Gardner Road, in Hubbardston. MassDEP inspected the property and determined that work conducted at the site had resulted in erosion and sedimentation to wetland resource areas at four different locations within the property (The contractor responsible for these violations is currently in litigation with MassDEP). Under today's Order the Andrews have agreed to correct the violations according to a schedule that will restore the altered wetland areas under a plan to be approved by MassDEP. This action will result in the restoration of a total of one-half acre of bordering vegetated wetlands, 2,500 square feet of land under water bodies, and 5,000 square feet of riverfront area.


Date: 6/18/09
municipality: ['Charlton']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Miniature Tool & Die, Inc. due to Waste Site Cleanup violations in Charlton. The violations occurred following a release of non-PCB mineral oil at its property on 10/3/08. The release occurred from a machine being removed from the Site by GJB Construction Services, Inc. (GJB). The machine accidentally tipped over inside the roll-off container when it was being transported from the site. An estimated 50 gallons of mineral oil was released from the machine into the roll-off container, and then onto paved surface and adjacent soil. GJB notified Miniature immediately of the release and deployed absorbent pads, then disposed of the used pads in an unlabelled trash barrel at the site. Miniature hired CMG Environmental, Inc. (CMG) to respond to the release and provide professional services. MassDEP was not notified until 10/6/08, a violation. Under the terms of today's Order, Miniature - in addition to the Penalty - has agreed to devise a spill management plan. In addition to the notification violation, Miniature failed to perform a timely immediate response action plan and improperly disposed of remediation waste.


Date: 6/18/09
municipality: []
Text:
  MassDEP issued a $3,000 Penalty Assessment Notice to Commonwealth Rehabilitation and Nursing Center of Ayer Partnership, for Waste Site Cleanup violations at its facility in The Partnership failed to respond to a notice of noncompliance and a notice of enforcement conference. MassDEP notified the Partnership with a notice of audit findings that it needed to take response actions to return to compliance. Attempts to bring the facility back into compliance have been unsuccessful. The Partnership did not respond to the audit findings, or to the notice of enforcement conference. The violations involve the failure to determine exposure point concentrations in all potentially affected media, and a failure to determine the nature and extent of contamination.


Date: 6/18/09
municipality: ['Shirley']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to Raymond Glover for Waste Site Cleanup violations in Shirley. Gasoline contamination was discovered at the site in 1989. Under the regulations at that time, the responsible party sought and obtained a waiver of approvals allowing Glover five years to complete the assessment and cleanup without MassDEP oversight. However, Glover did not proceed with the work. On 11/12/03, MassDEP issued a notice of noncompliance to Glover. On 2/29/08, MassDEP issued a notice of enforcement conference and subsequently met with Glover on 3/27/08 in an attempt to resolve the matter. Glover did not provide information requested by MassDEP in a follow up and has not begun to conduct the required work. On 3/12/09, MassDEP issued a notice of response action informing Glover of its intention to task a state contractor to assess the extent of contamination. On 3/12/09, MassDEP also issued a second noncompliance notice to Glover who has not responded to either nor has he returned to compliance.


Date: 6/18/09
municipality: ['Holden']
Text:
  MassDEP issued a $22,212.50 Penalty Assessment Notice to Edward C. Leahy for Water Pollution Control (Title 5) violations in Holden. MassDEP determined that Leahy performed at least twenty-one Title 5 system inspections after his certification as a system inspector had lapsed. A number of the 21 inspection reports prepared by Leahy failed to provide an estimation of the seasonal high groundwater. Attempts by MassDEP to reach a negotiated settlement with Leahy have been unsuccessful. This action will ensure the public is served by professionals who bear current certifications.


Date: 6/18/09
municipality: ['Holden']
Text:
  MassDEP issued a Unilateral Order to Edward C. Leahy for Water Pollution Control (Title 5) violations in Holden. MassDEP, after finding Leahy performed at least twenty-one Title 5 system inspections after his certification as an inspector had lapsed, MassDEP issued today's Order to cease and desist from performing any further inspections, and to notify current owners of all properties where he performed inspections after his certification had lapsed.


Date: 6/18/09
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with a $966 Penalty involving Dartmouth Power Associates, L.P., for Hazardous Waste Management violations in Dartmouth. MassDEP conducted a multi-media inspection of the facility and found violations for generating hazardous waste in excess of registered status and shipping waste using incorrect manifests. The facility agreed to comply with the requirements of the regulations going forward.


Date: 6/18/09
municipality: ['Billerica']
Text:
  MassDEP issued a Unilateral Cease-Work Order to Om Temple, Inc., for Wetlands violations at Boston Road in Billerica. The organization owns this property, and was under review for a possible superseding order of conditions allowing work on the property. On 5/29/09 MassDEP sent a letter to Om Temple notifying them of the need to file notification with the Massachusetts Environmental Policy Act Office ("MEPA") requesting additional information and that no activity could commence on any of the Wetlands resource area in question. Then, on 6/15/09, in response to a complaint, MassDEP inspected the property and observed activities had been performed within riverfront area to the Concord River and bordering land subject to flooding. Activities were observed to have also been performed in the 100-foot buffer zone to bordering vegetated wetlands. The work includes clearing within the riverfront area for a temporary tent and platform, clearing within the buffer zone and BLSF for a 700-foot-long, 10-foot-wide access road, and clearing and laying down of gravel within buffer zone for a parking area. Today's Order requires that Om Temple immediately cease and desist from conducting any activity on the site within Wetlands jurisdiction unless specifically directed or authorized. Also, Om Temple must, within seven (7) calendar days, remove the temporary platform and tent from the Wetlands jurisdiction area and provide written confirmation of such removal to MassDEP.


Date: 6/17/09
municipality: ['Bellingham']
Text:
  MassDEP entered into a Consent Order with the town of Bellingham for Water Supply violations. The Order will assist the town by temporarily allowing or authorizing higher rates of pumping from one town water supply well to offset losses from two other wells that are unexpectedly out of service.6/17/09


Date: 6/16/09
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty regarding Action Emergency Services, Inc., for Wetlands violations at 1087 Broadway in Revere where the company's business office and yard is located. In response to a complaint, MassDEP inspected the site on 11/7/08 and found that unauthorized activity performed by employees of the company including placement of fill, movement and grading by heavy equipment and storage of wood debris and other fill resulted in encroachment and alteration destroying approximately 1,200 square feet of salt marsh and 40 linear feet of bank on an unnamed intermittent stream. Unauthorized activity was also performed in the buffer zone. Today's Order requires full restoration of the salt marsh and bank, long-term monitoring, and, payment of the Penalty.


Date: 6/16/09
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $17,859 Penalty involving the city of New Bedford for Solid Waste violations at its Shawmut Avenue landfill. A site inspection revealed the following violations


Date: 6/15/09
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with the city of Somerville and the Somerville Redevelopment Authority for Waste Site Cleanup violations at 93 Highland Avenue in Somerville. As owners of the former Kiley Barrel Site (which includes 0 Prospect Street, 20-22 Prospect Street, 264-266 Somerville Ave, 9 and 10 Milk Place, 8, 14 and 16-20 Bennett Street in Somerville), the city and Authority failed to submit phased cleanup reports and achieve a final response action outcome within the deadlines established in a notice of noncompliance issued by MassDEP on 5/26/04. New deadlines have now been established under today's Order which will return the site to compliance with the submittal of a final outcome by 6/25/11.6/15/09


Date: 6/15/09
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $17,430 Penalty involving Quebecor Retail Printing Company for Air Quality, Water Pollution Control and Hazardous Waste violations in Taunton. MassDEP conducted a multimedia inspection at the company and found it had not complied with permit requirements governing operation of their control technology, regenerative thermal oxidizers. They had an unpermitted industrial wastewater discharge and had several issues of noncompliance. Today's Order requires Quebecor to operate their control equipment in full compliance with their air quality permits, correctly handle their industrial wastewater and come into compliance with all applicable regulations.


Date: 6/15/09
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order with a $9,249 Penalty involving Decas Cranberry Products, Inc., for Air Quality, Water Pollution Control, Hazardous Waste and Toxics Use Reduction Act violations in Carver. A multi-media inspection of the facility found exceedence of (wastewater) discharge monitoring limits, failure to submit discharge monitoring reports and conduct sampling, modification of the wastewater treatment system. Today's Order also addresses its air emissions record-keeping requirements; toxics use reduction reporting requirements and Hazardous Waste requirements. In addition to paying a $9,249 Penalty the facility has agreed to implement a Supplemental Environmental Project with a value of $27,748. Under the SEP, the company agreed to install process to the industrial wastewater treatment system's equalization tank in November 2009 and to include this as part of its submittal of their permit renewal/ modification. Secondly, under the SEP, the company will install two new pumps to replace five pumps as part of the respondent's waste minimization program and to reduce electricity demand.


Date: 6/12/09
municipality: ['Randolph']
Text:
  MassDEP entered into a Consent Order with a $10,549 Penalty involving Stacy's Pita Chip Company for Air Quality violations at its Randolph facility. Stacy's Pita Chip Company conducted a self-audit and voluntarily disclosed that they operated equipment associated with the manufacture of pita chips and bread products resulting in emissions of volatile organic compounds in excess of five (5) tons per year without a MassDEP air permit. The company has agreed to bring the facility into compliance and to pay the Penalty.


Date: 6/11/09
municipality: ['Stow']
Text:
  MassDEP entered into a Consent Order with a $16,000 Penalty involving J. Melone & Sons, Inc., for Waste Site Cleanup violations in Stow. The company failed to comply with the terms of an existing July 2007 Consent Order (and Amendment). J. Melone & Sons, Inc. failed to submit a final response action outcome by 9/30/08 as was established in the Amendment. Under the terms of the newest settlement document, the company has agreed to submit the required closure by 10/15/11.


Date: 6/11/09
municipality: ['Boston', 'Deerfield']
Text:
  MassDEP entered into a Consent Order with a $121,000 Penalty involving Pan Am Railway Inc., Boston & Maine Railroad Corporation, and Springfield Terminal Railway Company for Waste Site Cleanup violations in Deerfield. Massachusetts General Law chapter 21E (c.21E) and the Massachusetts Contingency Plan (MCP) regulate the assessment and remediation of hazardous materials releases. The railroad has agreed to the Penalty for on-going violations that have occurred throughout the last several years at the Deerfield Rail Yard, located in East Deerfield, and at the former Lake Asphalt facility, located on River Road. Violations of MassDEP regulations involve failure to undertake immediate response actions to assess and remediate hazardous materials releases in an expeditious manner, failure to fully and properly assess and remediate those releases, failure to complete timely response actions and assessments of the releases, failure to submit required status reports, and failure to comply with public involvement requirements for the assessment and remediation process. In addition to the Penalty, the Order requires the railroad to pursue remedial response actions at these two locations in a more timely and aggressive manner as well as fulfill their public involvement obligations.6/11/09


Date: 6/11/09
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $4,300 Penalty involving Borden & Remington Corporation for Hazardous Waste Management violations in Fall River. A multi-media inspection by MassDEP found that Borden & Remington Corporation had accumulated a drum of waste oil in excess of the 180-day time period of accumulation without obtaining a storage license. The company also failed to properly label two (2) containers of waste oil, and failed to properly label its universal waste mercury-containing lamps. Today's Order ensures compliance with the Hazardous Waste requirements.


Date: 6/11/09
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving B&J Manufacturing Corporation for Hazardous Waste and Air Quality violations in Taunton. A multi-media inspection revealed that B&J Manufacturing Corporation was transferring hazardous waste to their transporter after the transporter's license had lapsed along with other hazardous waste management and air violations including


Date: 6/9/09
municipality: []
Text:
  MassDEP entered into a Consent Order with Foxboro Construction Company, Inc. for Waste Site Cleanup violations at 22 South Street in Foxboro. As owners of a property, Foxboro Construction initiated response actions at the site when soil contamination was discovered. However, on 3/23/09, MassDEP issued Foxboro Construction a notice of noncompliance for failing to complete response actions at the site in a timely manner. Foxboro Construction contacted MassDEP and indicated a commitment to complete work at the site, but required additional time in which to do so. Today's Order establishes deadlines for Foxboro Construction to complete response actions at the site.


Date: 6/9/09
municipality: ['Tolland']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Camp Kinderland for Water Pollution Control (Title 5) violations in Tolland. MassDEP found septic system violations at this seasonal recreational camp for children. Pursuant to the Consent Order, the camp will operate as a large Title 5 system, limit its maximum capacity and upgrade systems to ensure that all systems are outside of the interim wellhead protection area of its water supply wells. MassDEP has agreed to suspend the Penalty provided the camp meets the schedule for bringing the facility back into compliance.


Date: 6/9/09
municipality: ['Granby']
Text:
  MassDEP has entered into a Consent Order a $7,500 Penalty with Robert and Kevin Miller for Wetlands violations in Granby. The father and son Millers were found to have altered approximately 15,900 square feet of bordering vegetated wetlands at the Miller's primary residence. The Miller's, in addition to restoring the property, have agreed to pay $2,500 of the Penalty. The remaining $5,000 will be suspended pending compliance with the restoration work.


Date: 6/9/09
municipality: ['Adams']
Text:
  MassDEP issued a $7,500 Penalty Assessment and a Unilateral Order to Kevin Filion for Wetlands violations in Adams. MassDEP found Filion's actions resulted in unpermitted alteration of the riverfront area (tree cutting, 5,000 square feet) and failed to comply with local enforcement orders. Today's Order prohibits further alteration of the riverfront area, requires the submission of a restoration plan and execution of the plan after MassDEP approval. Today's actions were issued following several meetings with Filion and his refusal to resolve this through a consent agreement.


Date: 6/5/09
municipality: ['Leicester', 'Worcester']
Text:
  MassDEP executed an Administrative Consent Order with a $150,000 Penalty with Swissport Fueling, Inc. of Dulles, Virginia, for Hazardous Waste Management violations in Worcester uncovered during an investigation conducted MassDEP and the Environmental Strike Force in 2007. An investigation determined that Swissport Fueling offered sump jet fuel and aviation gasoline generated at its Worcester Municipal Airport facility to an unlicensed transporter who, in turn, burned the materials in space heating equipment located in its garage located in Leicester, Massachusetts. Under the terms of the settlement, Swissport Fuel agreed to pay a $125,000 of the Penalty, with the additional $25,000 suspended, pending implementation of an Environmental Management System (EMS) by the company. The EMS will be approved by MassDEP, and audited by an independent third-party auditor. Higher-level enforcement action against the Leicester-based garage has previously been completed.


Date: 6/5/09
municipality: ['Chelsea']
Text:
  MassDEP entered into a Consent Order with a $12,500 Penalty involving Gulf Oil Limited Partnership for Waste Site Cleanup violations at 281 Eastern Avenue in Chelsea. Specifically, the company conducted a Release Abatement Measure ("RAM") without MassDEP approval and failed to properly manage remediation waste during the construction of a new vapor-recovery unit at the Gulf facility. MassDEP agreed to suspend $5,000 of the Penalty pending full compliance with today's Order.


Date: 6/4/09
municipality: []
Text:
  MassDEP executed a Consent Order with $13,313 Penalty involving Commercial Energy Management, Inc. for Asbestos violations in Southbridge. Commercial Energy Management, Inc., a Worcester-based and licensed asbestos contractor, was found to have violated MassDEP's Asbestos regulations as noted during a January 2008 inspection of a demolition/renovation project being conducted in Southbridge. Under the terms of today's Order, the company has agreed to comply with all applicable regulations in the future. MassDEP has agreed to suspend $7,313 for a period of one year provided the company has no additional violations.


Date: 6/3/09
municipality: ['Winchendon']
Text:
  MassDEP entered into a Consent Order with Scott J. Brandes for Waste Site Cleanup violations in Winchendon. Today's Order establishes deadlines for the completion of response actions for a release of waste oil that occurred at 201 School Street in Winchendon. Brandes had previously received from MassDEP a notice of noncompliance, and responded by requesting additional time to complete the work. The Order establishes the requested schedule and contains stipulated penalty provisions for any future noncompliance with the approved schedule.


Date: 6/3/09
municipality: ['Auburn']
Text:
  MassDEP entered into a Consent Order with an $11,000 Penalty involving the town of Auburn and AGV Realty, LLC, for Wetlands violations in Auburn. The property is owned by AGV Realty located behind 917 Southbridge Street in Auburn. The realty company allowed the town of Auburn access to the property. MassDEP inspected the property and determined that town's highway department employees had dredged a stream and deposited the dredge material in adjacent bordering vegetated wetlands on the property. Today's Order requires the submission of a wetlands restoration plan to restore the filled wetlands area and the altered stream and bank. The plan must be approved by MassDEP prior to implementation, and requires that a wetlands specialist oversee the work and submit wetland monitoring reports to document the success of the restoration. Under the terms of the Order, the Town agreed to pay the Penalty. This action will result in restoration of 300 linear feet of stream and bank, and 2,000 square feet of wetlands area.


Date: 6/3/09
municipality: ['Attleboro']
Text:
  MassDEP executed a Consent Order with the City of Attleboro for Waste Site Cleanup violations in Attleboro. The city failed to meet deadlines established in a notice of audit finding, and notice of noncompliance issued by MassDEP that identified violations. Specifically, certain activity & use limitations that had been placed on this site. A ninety-day deadline was established for the correction of the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time to perform the necessary tasks to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct the violations.


Date: 6/3/09
municipality: ['East Bridgewater']
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty involving Fortistar Methane Group for Hazardous Waste and Air Quality violations at Gas Recovery Systems LLC in East Bridgewater. A multi-media inspection revealed that the company had on-site an unpermitted waste oil space heater, and had not included the space heater and a parts washer in its source registration. They had also not appropriately managed containers of hazardous waste, had not submitted a required manifesting exception report, and did not have an emergency coordinator in close proximity to the facility. In addition, they had not notified MassDEP of a change in contact information. Today's Order ensures compliance with the requirements, along with the removal of the waste oil space heater.


Date: 6/2/09
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with Easton Housing Complex (Easton Housing Authority) for Ground Water Discharge violations in Easton. The Housing Authority (a Massachusetts Public Housing and Rental Assistance Authority) was discharging untreated wastewater in excess of 15,000 gallons per day without a permit. The discharge is located in the (protective) zone two of a nearby public water supply. The Easton Housing Authority is ordered to inspect all of the on-site septic systems and hire an engineer to repair all of the failed systems and begin the design for a new wastewater treatment facility.


Date: 6/1/09
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with Gleason Sitterly for Waste Site Cleanup violations in Springfield. Sitterly has agreed to deadlines for completion of cleanup response actions for a release of oil from former underground storage tanks. Sitterly purchased the site in 2004 from the city of Springfield, which executed a statutory taking of the site from a previous owner for non-payment of real estate taxes. Sitterly received a notice of noncompliance relative to a final response action outcome statement submitted in 2004 and in response, has requested additional time to return to compliance. Today's Order establishes a schedule under which Sitterly can return this site to compliance.6/1/09


Date: 6/1/09
municipality: ['Northbridge']
Text:
  MassDEP executed a Consent Order with a $5,580 Penalty involving Peterson's Oil Service, Inc., for Air Quality (Stage Two Vapor Recovery) violations in Northbridge. Peterson's, which operates a diesel fuel dispensing facility located in Northbridge, failed to conduct its annual in-use compliance testing, failed to properly train employees in the proper operation of vapor-recovery equipment, failed to properly maintain the gasoline tank spill buckets, and failed to maintain appropriate records. In addition to the Penalty, under the terms of today's Order, the company will comply with applicable regulations in the future.


Date: 6/1/09
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Peterson's Oil Service, Inc. for Air Quality (Stage Two Vapor Recovery) violations in Worcester. The company operates a retail gasoline and diesel fuel dispensing facility located on Providence Road in Worcester where it failed to conduct annual in-use compliance testing, failed to properly train employees in the proper operation of vapor-recovery equipment, failed to perform weekly inspections and failed to maintain appropriate records. In addition to the Penalty, under the terms of today's Order, the company will comply with applicable regulations in the future.


Date: 5/28/09
municipality: ['Edgartown']
Text:
  MassDEP entered into a Consent Order with Seafood Shanty Realty Trust for the unauthorized expansion of the footprint of the restaurant at 31 Dock Street in Edgartown. The restaurant added two decks to the sides of the restaurant without authorization. The proponent has a pending Waterways application, which is currently under review for licensing.5/26/09


Date: 5/26/09
municipality: ['Burlington', 'Sterling']
Text:
  MassDEP entered into a Consent Order with a $24,750 Penalty regarding J.B.M. General Contractors, Inc for Asbestos violations in Sterling. The violations by JBM General Contractors of Burlington were observed at a demolition/renovation project that was being conducted at the town of Sterling's Municipal DPW facility located on Worcester Road. Under the terms of the Order, the Company will comply with all applicable regulations in the future, and pay $5,000.00 of the Penalty with the additional $19,750 suspended provided the company remains in compliance for one year.


Date: 5/26/09
municipality: ['Dudley', 'East Longmeadow']
Text:
  MassDEP entered into a Consent Order with an $18,120 Penalty involving United Transport of East Longmeadow, Inc. for Waste Site Cleanup violations in Dudley. The company failed to provide notification, and for failing to perform a timely cleanup following a sudden release of ninety-seven (97) gallons of gasoline that occurred on 12/24/07 at Art's Service Station located on 5 West Main Street in Dudley. The release of gasoline occurred at night during the transfer of gasoline from a tanker truck to an underground storage tank at the station. Gasoline impacted a pavement parking lot located within close proximity of the French River. United Transport of East Longmeadow, Inc. agreed to pay $16,000 of the Penalty, and to review its spill management plan. An additional $2,120 of the Penalty is suspended provided that United Transport of East Longmeadow, Inc. does not repeat the violations within one year.


Date: 5/26/09
municipality: ['North Andover']
Text:
  MassDEP entered into a Consent Order with the town of North Andover for Water Supply violations. The town failed to maintain pressures in the distribution system above 20 pounds per square inch in violation of the Drinking Water Regulations. The Town of North Andover has agreed and is required to construct a water booster pump station by 5/1/11.


Date: 5/25/09
municipality: ['Everett']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving Pembroke Realty #1 Trust for Waste Site Cleanup violations at 354 Third Street in Everett. As owner and/or operator of the property, the Trust failed to meet deadlines set out in an earlier Consent Order executed with MassDEP on 2/28/08. Today's Order requires a cleanup permit extension to be submitted by 6/30/09. Afterward, reports on the implementation of cleanup plans are due (phase three) on 9/30/09 and (phase four) by 12/30/09. A final response outcome is due no later than 6/30/11. Today's Order also contains a stipulated penalty provision for any missed deadlines.


Date: 5/25/09
municipality: ['Cambridge']
Text:
  MassDEP executed a Consent Order with Bechwati Properties, LLC for Waste Site Cleanup violations at 480 Concord Avenue in Cambridge. As owner and/or operator of the property, the company failed to meet deadlines established by MassDEP in a Notice of Noncompliance on 12/18/08. Today's Order requires a permit classification submitted by 5/31/09 an assessment (phase two) by 11/6/09 and additional selection (phase three) by 2/5/10, and implementation (phase four) by 8/31/10. Thereafter a final response outcome is due by 8/31/11. There is also a stipulated penalty provision for any missed deadlines.


Date: 5/21/09
municipality: ['Everett']
Text:
  MassDEP executed an Amendment to an existing Consent Order with an additional $2,000 Penalty regarding Ciro's Foreign Car Repair, Inc. for Waste Site Cleanup violations at 107 Broadway, Everett. Ciro's is the owner of the property where violations were found for failing to meet deadlines. Today's Order extends the deadline for submittal of the assessment reports (phase one and two) to 8/30/09.


Date: 5/21/09
municipality: ['Boston']
Text:
  MassDEP entered into a Second Amendment to an existing Consent Order with the former "Sunshine Laundry" site, 40 Rugg Road in Boston (Allston). The violations involved Eljen Corporation which made a request for extending one deadline. Immediate Response Actions have already been implemented. Under this Amendment the deadline for submitting a phase two assessment is extended to 1/8/10 and if applicable the phase three as well. All other deadlines and terms remain in effect, including the requirement for a final response outcome (or, if appropriate, a remedy operation status, or a downgradient property status) by 5/26/12.


Date: 5/21/09
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $53,937.50 Penalty involving Joseph Arsenault of Worcester for Asbestos violations. Work done by Arsenault (doing business as J.A. Plumbing & Heating, Inc.) involved the replacement of a heating system at a Worcester residence in December of 2008. Under the terms of the Order, the Penalty is fully suspended after a successful demonstration of financial hardship conditions, and provided that Arsenault has no additional violations for one year.


Date: 5/21/09
municipality: []
Text:
  MassDEP executed a Consent Order with VNUKI, LLC for Waste Site Cleanup violations as owner and/or operator of the property at 30 R Washington Street in Watertown. MassDEP issued a Notice of Noncompliance on 12/10/08 which VNUKI failed to meet. Under today's Order, VNUKI is required to submit a Tier II Extension Submittal by 5/15/09, the selection and implementation of a cleanup by 8/30/09 and 11/30/09. A final response action outcome is then due by 10/31/11 and a stipulated penalty provision for any missed deadlines.5/20/09


Date: 5/20/09
municipality: ['Littleton']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty regarding William Goddard in Littleton for violations involving his licensing as a septic system inspector. MassDEP determined that Goddard had allowed his certification to lapse, but continued to perform inspections. Today's Order requires Goddard to retake the system inspector training examinations to obtain the required certifications prior to performing any further inspections. Goddard has also agreed to notify all property owners who receive inspections during the time which his certification had expired. MassDEP has agreed to fully suspend the penalty provided that Goddard complies with the terms of the Order, and has no additional violations for one year. This action will ensure the public is served by professionals who bear current certifications.


Date: 5/20/09
municipality: ['Leicester', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Benjamin Hayes of Worcester for violations involving his licensing as a septic system inspector in Leicester. MassDEP determined that Hayes had misrepresented information on Title 5 (septic system) inspection reports for inspections he conducted on properties located in the town of Leicester. Under the terms of today's Order, and in addition to the Penalty, Hayes has agreed to permanently surrender his license as an inspector under Title 5, and to cease performing Title 5 inspections.


Date: 5/20/09
municipality: ['Bellingham']
Text:
  MassDEP entered into an Administrative Consent Order with a $12,000 Penalty involving Richard E. Terrill for Water Pollution Control violations in Bellingham. As trustee of the Longview Realty Trust, Terrill was in violation for failure to correct groundwater discharge permit violations occurring at its wastewater treatment facility serving the Maple Brook Condominiums. Under the terms today's Order, the Trust is allowed until December 2009 to complete upgrades and modifications to the treatment facility. As part of these actions, the Trust submitted a request for a permit modification to reduce the permitted discharge from 31,000 to 17,500 gallons per day. This action will result in the discharge of up to 17,500 gallons per day of properly treated wastewater.


Date: 5/20/09
municipality: ['Lawrence', 'Worcester']
Text:
  MassDEP issued a $1,000 Penalty Assessment Notice to A.C.T. Abatement Corporation for Asbestos violations in Worcester. The violations involving work activities by A.C.T. of Lawrence were observed during a job being performed at Worcester State College's Administration Building on Chandler Street in Worcester.


Date: 5/20/09
municipality: ['Worcester']
Text:
  MassDEP issued a $53,937.50 Penalty Assessment Notice to Christopher Bergeron of Worcester. The violations were observed during an inspection by MassDEP conducted at a multi-family residential building in Worcester where Bergeron was working.


Date: 5/19/09
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $1,800 Penalty involving Covanta Pittsfield LLC, for Waste Site Cleanup violations in Pittsfield. Covanta Pittsfield, LLC, is the operator of the municipal incinerator and failed to immediately notify MassDEP of a 40-gallon hydraulic fluid spill that occurred on 11/15/08. The spill occurred as the result of a hydraulic fluid hose on a truck delivering solid waste to the facility. MassDEP was not notified of the release until 11/17/08. Covanta completed cleanup of the spill immediately after it occurred. In resolution of the violation, Covanta retrained its employees on notification requirements for, and response to releases of oil and hazardous materials. Covanta will also implement a Supplemental Environmental Project (SEP) in which the company will provide hazardous atmosphere monitoring equipment - a Rae Systems Multigas Plus meter with Volatile Organic Compound detection - to the Department of Fire Services, District V hazardous materials team based in Pittsfield. The value of the purchase for the team is $5,261.


Date: 5/18/09
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $14,500 Penalty involving Berkshire Investments for Solid Waste and Wetlands violations at 1 Fairmount Court in Hyde Park (Boston). The site on Fairmount Court was used as a location to bring concrete rubble, a dumpster with televisions, and piles of tires and white goods, all without the proper site assignment permits. In addition, a wetland buffer zone was filled without the proper application or permit as required by the Wetlands Protection Act. Today's Order requires that the buffer zone fill be tested, and a remedy proscribed based on the results of the test. Also, Berkshire must cease and desist accepting solid waste at the site until a solid waste plan has been approved by MassDEP, which will include the removal of the solid waste from the site. MassDEP has agreed to suspend $6,500 of the Penalty pending full compliance with today's Order.


Date: 5/18/09
municipality: ['Wenham']
Text:
  MassDEP entered into a Consent Order with the town of Wenham for Water Supply violations. The town was unable to consistently maintain drinking water that is free of microbiological contaminants, as evidenced by having microbiologic contamination in either of its water supply wells or within its distribution system for four (4) out of the previous eight (8) months. It was therefore not operating and maintaining its system in a manner that ensures the delivery of safe drinking water to consumers and is in violation of the Drinking Water Regulation. The town has agreed to assess and conduct corrective actions to bring the system back into compliance.


Date: 5/16/09
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $40,750 Penalty involving the city of Lawrence for Water Supply violations. The city failed to collect, analyze and submit to MassDEP water samples for cryptosporidium, E. coli and turbidity. Under the terms of today's Order, the city has agreed to assess and initiate corrective actions, and MassDEP has agreed to suspend $15,750 of the Penalty provided all terms of the Order are met.


Date: 5/15/09
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order with Pages Realty, LLC, to ensure compliance with Waste Site Cleanup Regulations at 303 Tremont Street in Carver. Pages Realty is the new owner of a gas station at 303 Tremont Street. The previous property owner had initiated some cleanup activity at the site in response to leaking underground storage tanks. Today's Order establishes deadlines for Pages Realty to complete the response actions at the site.


Date: 5/14/09
municipality: []
Text:
  MassDEP has assessed a $10,000 penalty to New England Lumber Specialties, Inc. for Solid Waste violations at the company's Day Street manufacturing facility in West Springfield. MassDEP received a complaint in May, 2008 alleging improper disposal activities had occurred at the property in 2005. The complaint alleged that asbestos panels had been buried behind the building, and that the area had subsequently been paved over. An excavation of the area revealed large amounts of asbestos-containing panels. In December, 2008l, the excavation and proper disposal of the materials was conducted.


Date: 5/13/09
municipality: ['Haverhill']
Text:
  MassDEP executed a Consent Order with Brandy Brow Auto Parts, Inc for Waste Site Cleanup violations at its Haverhill facility. As owner and/or operator of the property at Brandy Brow Road, the company failed to meet deadlines set out in a notice of noncompliance issued by MassDEP on 1/14/09. Today's Order requires the company to submit a tier classification (permit) extension by 5/15/09, followed by an assessment report by 5/15/10, and additional phased cleanup reports on 7/15/10, 10/15/10 with a final response outcome by 10/15/11. Today's Order also contains a stipulated penalty provision for any missed deadlines.5/12/09


Date: 5/12/09
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with Vidal Garcia for Waste Site Cleanup violations at 528 Washington Street in Dorchester (Boston). Garcia as owner and/or operator of the property had submitted a release abatement measure plan for the site and MassDEP determined the assessment report did not define the extent of contamination on the property and failed to meet deadlines as established earlier on 2/5/09 when MassDEP issued a notice of noncompliance. Today's Order requires a revised assessment by 12/30/09, and, if applicable, revised clean up reports by 8/30/10, 11/30/10 and a revised response outcome by 12/30/10. Today's Order also contains a stipulated penalty provision for any missed deadlines.5/11/09


Date: 5/8/09
municipality: ['Boylston', 'Westminster']
Text:
  MassDEP executed a Consent Order with a $17,137.50 Penalty involving Michael Blanchflower for Asbestos violations in Boylston. Blanchflower, a home-improvement contractor out of Westminster is doing business as Blanchflower Construction. MassDEP observed the violations during a November 2007 inspection conducted in Boylston. Under the terms of today's Order, Blanchflower must comply with all applicable regulations in the future. The penalty is fully suspended after a satisfactory demonstration of the existence of financial hardship conditions and Blanchflower's inability to pay. There is a stipulated penalty provision for any future violations.


Date: 5/8/09
municipality: []
Text:
  MassDEP entered into a Consent Order with a $6,680 Penalty involving Schmidt Equipment, Inc for Industrial Wastewater, Air Quality and Hazardous Waste Management violations in North Oxford. During an inspection conducted in September, the company was found to be discharging vehicle wash water (an industrial wastewater) outside without having obtained a MassDEP-issued groundwater discharge permit. In addition, the company failed to keep adequate records concerning its painting operations, and it failed to label containers of hazardous wastes. The company has agreed to maintain compliance with applicable regulations. Today's action will ensure there is no further unpermitted discharge of industrial wastewater.


Date: 5/7/09
municipality: ['Rehoboth']
Text:
  MassDEP executed a Consent order with Alison's Cork and Bottle for Water Supply violations in Rehoboth. The company is a food establishment with an onsite water supply well. The establishment is pre-existing and the well is nonconforming to Massachusetts Drinking Water Regulations. Gerard Cadorette recently purchased the property in late 2008, the Rehoboth Board of Health notified MassDEP that the establishment is a potential Public Water System. Having recently purchased the property, Cadorette has agreed not to utilize the well for as a potable public water supply. In lieu of well water, bottled water has been used for all public potable use. Cadorette, the Board of Health, and MassDEP have all agreed that the best long term solution for the property is to register the site as a Public Water System. To ensure compliance with Massachusetts drinking water regulations Cadorette has today agreed to conduct extensive water quality sampling of the onsite well, obtain a certified drinking water operator, and meet several other conditions. No penalty was assessed due to Cadorette's cooperation and his agreement not to operate the establishment as an unregistered public water system.


Date: 5/7/09
municipality: ['Lee', 'Lenox', 'Stockbridge']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving the All American Fence Company for Air Quality violations in Lee. MassDEP found the company was burning wood waste at its facility. The Tri-town (Lee, Lenox & Stockbridge) health agent notified MassDEP that the company was accumulating wood waste and was burning the material as a means of disposal. The company has agreed to conduct open burning only in conformance with the open burning regulations and paid $250. The remaining $250 will be suspended pending compliance with the Order.5/7/09


Date: 4/30/09
municipality: ['Newburyport']
Text:
  MassDEP was informed by the Massachusetts Attorney General that a Consent Judgment was entered in Suffolk Superior Court to resolve the case brought against New Ventures Associates, LLC - the company conducting capping/closure actions at the Crow Lane Landfill in Newburyport. The judgment includes a Penalty of $230,000 with a portion subject to waiver if New Ventures complies with key interim milestones established within the closure schedule. Among other requirements, New Ventures must conduct a geotechnical evaluation of the foundation soils beneath the perimeter berm and then construct a critical portion of the berm within 90 days of MassDEP's stability approval. If the test results demonstrate that a design modification is necessary, the berm must be built within 90 days of MassDEP's approval of a new berm design stabilization plan. The remaining portion of the berm and capping of the entire landfill with an impervious liner must be completed before next winter with the final vegetative cover installed within the next year. In addition, the judgment includes strict performance standards for continued operation of the air pollution control equipment.4/30/09


Date: 4/29/09
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Abrasive Blasting and Coatings, Inc. (and Robert E. Peltier as trustee of T.C.B. Realty Trust No. 1) regarding Air Quality violations observed at its Sutton Lane facility in Worcester. In response to a complaint received from (federal) E.P.A. representatives working near the plant in 2007, MassDEP had originally issued a Unilateral Order regarding these violations specifying corrective actions that needed to be taken. That Order was appealed and subsequently dismissed. Today's Order contains nine corrective actions to be taken including the installation of appropriate air quality control equipment. Today's Order also contains stipulated penalty provisions if the company does not comply with those requirements. Today's Order ensures that the excessive dust emissions caused by the blasting of large metal equipment at the facility will finally be adequately controlled, and further contamination of this property will be minimized.


Date: 4/28/09
municipality: ['Wilmington']
Text:
  MassDEP executed a Consent Order with Edward C. Whitney & Sons, Inc., for Waste Site Cleanup violations in Wilmington. Today's Order includes timelines for when phases of the cleanup must be completed and submitted including a final response action. This site has been noted in the Waste Site Cleanup database since 1987 and today's action will lead to final cleanup of petroleum contaminated groundwater and soil identified on the property.4/28/09


Date: 4/28/09
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Rog-Nan, Inc., for Waste Site Cleanup violations at 399 Southbridge Street in Worcester. Previous cleanup at this site relied on a deed restriction to maintain cleanup conditions and prevent future exposure to residual contamination at its property. Rog-Nan, Inc failed to meet the requirements of the Activity & Use Limitation. Rog-Nan, Inc. has now worked with the current owner of the property and submitted a corrected Activity and Use Limitation on the property to address the cited violations.


Date: 4/28/09
municipality: ['Chelsea', 'Everett']
Text:
  MassDEP executed a Consent Order with a $7,273 Penalty involving DBI Waste Systems, Incorporated of Everett for Waste Site Cleanup violations in Chelsea. DBI failed to notify MassDEP within two hours after a release of hydraulic oil from a waste-hauling truck as is required. DBI Waste Systems has cleaned up the release and submitted all required documentation bringing the site - and all the required response actions - into compliance with state regulations. DBI Waste Systems, Incorporated has agreed to an administrative penalty of MassDEP has agreed to suspend $6,773 of the Penalty provided all terms of the Order are met.


Date: 4/27/09
municipality: ['Lexington']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty involving J. Lester MacLaughlin & Company, Inc., for Asbestos violations at 16 Highland Avenue in Lexington. MassDEP responded to a complaint from the owner of the home and during that inspection, determined that MacLaughlin, a contractor, had damaged the asbestos-containing materials during the investigation that caused the boiler failure. MassDEP has agreed to suspend $16,050 of the Penalty provided the company remains in full compliance for one year. Within 180 days MacLaughlin will insure that its full-time employees attend "Asbestos-Associated Project Workers" training. Further, that each employee will successfully have completed an asbestos awareness training program. MassDEP's Small Business Policy was utilized in reaching today's agreement.4/27/09


Date: 4/24/09
municipality: ['Leicester', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $37,786.88 Penalty involving Entwistle's Garage, Inc. for Hazardous Waste Management violations in Leicester, specifically the unauthorized transportation and disposal or hazardous wastes. The Massachusetts Attorney General and MassDEP investigated in late 2006 and early 2007, determined that the company had transported hazardous waste from another company, Swissport Fueling, Inc. based in Worcester. Those materials were subsequently burned in space heating equipment at its Leicester facility. Swissport's waste stream was characterized as EPA-regulated hazardous waste due to the presence of lead and benzene, and did not meet the criteria that would allow it to be used as waste oil/used oil fuel. Additional violations included the company's having exceeded its registered status; failed to submit a one-time notification for recycling activity; and, transported hazardous waste in a vehicle without a valid vehicle identification number. Under the terms of today's Order, the company agreed to comply with all applicable regulations, and pay $17,500 of the Penalty. The additional $20,286.88 of the Penalty will be suspended under the provisions of MassDEP's Small Business Policy provided the company has no further violations for one year. [A separate enforcement action is on-going with Swissport Fueling, Inc.]


Date: 4/23/09
municipality: ['Acushnet']
Text:
  MassDEP executed a Consent Order with a $6,750 Penalty regarding P.J. Keating Company for Air Quality and Water Pollution Control Violations in Acushnet. Following a complaint of P.J. Keating Company's South Main Street facility, MassDEP observed particulate matter emissions from the stationary crushing plant causing a condition of air pollution off the property. A review of monthly discharge monitoring reports found that the company had exceeded its permit limits. Today's Order requires the company to bring the facility into compliance and refrain from future incidents of this type.


Date: 4/22/09
municipality: ['Pelham']
Text:
  MassDEP entered into a Consent Order with a $3,750 Penalty regarding Par Electrical Contractors, Inc., for Clean Waters Act violations in Pelham. The company failed to obtain a Water Quality Certification prior to the placement of swamp mats for an electrical line maintenance project. Par as the contractor for the project allowed its subcontractor to place the swamp mats without permits and performed the electrical work using those mats. In addition to paying the Penalty, the company has obtained permitting for the project and appropriate mitigation has subsequently been completed.


Date: 4/22/09
municipality: ['Pelham']
Text:
  MassDEP entered into a Consent Order with a $4,750 Penalty regarding Northern Land Clearing for Clean Waters Act violations in Pelham. The company failed to obtain a Water Quality Certification prior to the placement of swamp mats for an electrical line maintenance project. Northern was the subcontractor responsible for permitting and the placement of the swamp mats that were installed without permits. Permitting for the project and appropriate mitigation has been completed.


Date: 4/21/09
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Order to Manchaug Reservoir Corporation for Wetlands violations in Sutton. Violations involved actions caused by the Corporation taken at a dam that it owns at the Manchaug Pond, a Great Pond (ten acres or more as defined in Massachusetts Regulations). In the fall of 2008, the Corporation removed flashboards from the spillway on the dam without first having obtained an Order of Conditions from the local Conservation Commission. The result was lowered water level in the Pond. This altered vast expanse of resource area, that are of significance to the interests protected by the Wetlands Protection Act including the protection of wildlife habitat and fisheries, private water supply wells, flood control and storm damage protection. These illegally-altered wetland areas have not yet been restored. Today's Order requires the Corporation to reinstall the flashboards on the main spillway of the dam, and to achieve and maintain previously approved water elevations in the Pond.


Date: 4/21/09
municipality: []
Text:
  MassDEP entered into Consent Order with a $4,350 Penalty involving Endriunas Brothers, LLC for Asbestos, Solid Waste violations at 303 Grove Street in Braintree. Endriunas Brothers, LLC contracted for disposal of Asbestos Solid Waste at a facility not approved to manage the material. Today's Order requires the company to submit all documentation pertaining to the clean up of the asbestos-containing material and provide inspector training for two (2) of its employees. MassDEP suspended the Penalty upon application of the Small Business Policy.


Date: 4/17/09
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $21,280 Penalty regarding Independence Wharf LLC for Chapter 91 Waterways Licensing violations at 470 Atlantic Avenue/Fort Point Channel in Boston. During an inspection of the site, MassDEP observed license violations including failure to provide required public access, failure to post signs for public access, failure to provide a 'facility of public accommodation' as required under its license on the ground floor of the building to encourage the public to access the site. In addition the company failed to activate its water-based activity as required under its license for the public's benefit. [The company was remiss in paying its occupation fees, which violation has now been corrected.] Today's Order requires compliance with the existing license, which includes installing water-based structures in accordance with the City's Fort Point Activation Plan. The State Harbor Line is located along the seawalls of the Channel, and the site is the original site of the Boston Tea Party in 1773.


Date: 4/16/09
municipality: ['Framingham']
Text:
  MassDEP executed a Consent Order with $33,750 Penalty regarding A1 Used Auto Parts for Air Quality, Solid Waste and Hazardous Waste Management violations in Framingham. The company operates an auto salvage yard in Framingham where MassDEP found


Date: 4/15/09
municipality: ['Salisbury']
Text:
  MassDEP issued a Unilateral Order to Carol A. Henderson for Wetlands violations at 61 Atlantic Avenue on Salisbury Beach in Salisbury. In 2004, Henderson's residential property was granted an Order of Conditions (OOC) authorizing construction of a pier foundation under the existing single-family house located on this property. That OOC did not grant authorization for any expansion of the existing building's footprint. That Order expired in 2007. On 4/3/09 MassDEP staff observed construction and installation of garage door and solid clapboard walls enclosing three-fourths of the pier foundation. Such activity was being conducted on a coastal dune on this, a Barrier Beach, with no new authorization or pending request. In addition the work that was being conducted was in non-conformance with the previously issued and expired OOC. Today's Order requires an immediate cease and desist from all activity in the resource area until such time as MassDEP issues additional orders relative to the restoration and mitigation for this resource area.


Date: 4/14/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $13,500 Penalty regarding Advance Stores Company, Inc. for Waste Site Cleanup violations in West Springfield. An audit inspection of related to the activity and use limitation (AUL) placed on this site found noncompliance with the required maintenance of pavement that was in place to prevent direct contact with contaminated soil containing petroleum hydrocarbons and semi-volatile organic compounds. MassDEP identified two areas of broken pavement, one of which was previously discovered during a 2004 audit, where underlying soil was exposed. Failure to maintain pavement preventing direct contact with the underlying contaminated soil is a violation of this site's AUL. Under a previous Consent Order with Advance Stores in 2004 for similar violation, the company was required to prepare and implement a Pavement Maintenance Plan. Advance Stores must now pay the Penalty and implement its 2004 Pavement Maintenance Plan, repair and/or replace the areas of broken pavement. In addition the company will conduct and document quarterly inspections of the area under the AUL and pay any stipulated penalties should further violations occur.


Date: 4/13/09
municipality: ['Norfolk']
Text:
  MassDEP entered into a Consent Order with a $1,500 Penalty involving Eastern Propane Gas, Inc., for Waste Site Cleanup violations in Norfolk. The company failed to notify MassDEP after the sudden release of an unknown amount of propane - a hazardous material - that occurred at 220 Main Street in Norfolk. The release occurred on 1/7/08, when a motor vehicle struck an above-ground valve on a one thousand gallon propane underground storage tank (UST) owned by the company. The Norfolk Fire Department called Eastern Propane personnel to drain the UST and burn off residual gas, a process that took five hours and closed parts of Main and Boardman Streets. On 1/29/08 a representative on behalf of the company notified MassDEP of the release, well beyond the two-hour notification period as required. In addition to the Penalty, the company has agreed to perform a Supplemental Environmental Project involving an environmental education component for the propane industry valued at over $4,500.4/13/09


Date: 4/13/09
municipality: ['Webster']
Text:
  MassDEP entered into a Consent Order with a $16,000 Penalty regarding Finecamp KOA, Inc., for Wetlands violations in Webster. The company owns the Webster Family Campground, which is located on Douglas Road in Webster. MassDEP identified the alteration of wetlands resource areas without an Order of Conditions, and construction of an unapproved sub-surface sewage collection system that impacted the Zone I of the existing on-site Public Water System. An original Unilateral Order issued immediately after the inspection required that all work occurring in violation of the regulations cease, and also required submission of a wetlands restoration plan and a sewer-collection system plan. The Company complied with those requirements, and has now agreed to a schedule to correct the wetlands violations, upgrade the existing on-site disposal system to bring it into compliance with the Water Pollution control regulations. In addition the company will make changes to the on-site public water supply that will bring that system into compliance with the Drinking Water Regulations. Today's Order also contains a graduated schedule of stipulated penalties should future violations occur. Today's action will result in


Date: 4/13/09
municipality: ['Milford']
Text:
  MassDEP entered into a Consent Order with a $7,970 Penalty regarding Pinto's Plumbing & Heating Supply, Inc., for Waste Site Cleanup violations in Milford. During an audit of cleanup actions at the site, MassDEP found the company failed to submit notification after the discovery of coal tar contaminated soil. Further, the company conducted response actions without approval and failed to define the extent of river sediment impacts, and failed to maintain the requirements of its final closure documents it filed. MassDEP has agreed to suspend $3,970 of the Penalty pending compliance with today's Order including the sampling of river sediment, preparation of a revised risk characterization, and submittal of a post-closure status report.4/13/09


Date: 4/13/09
municipality: ['Oxford']
Text:
  MassDEP entered into a Consent Order with a $6,800 Penalty regarding the Swissturn/USA, Inc. for Hazardous Waste Management violations in Oxford. During a routine inspection conducted in November 2008, MassDEP found the company was generating hazardous waste and waste oil in excess of its registered status. The company had not been keeping inspection logs of hazardous waste accumulation areas, it had not been training its employees on proper waste oil handling & emergency and other management procedures. Today's Order requires the company to maintain compliance with applicable regulations, pay a $1,730 of the Penalty. The additional $5,070 of the Penalty will be used to fund the Supplemental Environmental Project, under which emergency equipment will be purchased and donated to the Oxford Fire Department. This action will help ensure proper hazardous waste management at Oxford facility going forward.


Date: 4/9/09
municipality: ['Middleton']
Text:
  MassDEP executed a Consent Order with a $17,970 Penalty involving Judson Deacon for Wetlands violations at 8 Rockaway Road in Middleton. The company owns/operates a commercial property at this location. In 1999, MassDEP issued a superseding order of conditions (permit) allowing construction of a storage building in the buffer zone to a bordering vegetated wetland. Construction of the building was completed in 2000 but in May 2008 MassDEP noted the as-built plans submitted by the owner described discrepancies between the as-built plan and the approved plan. MassDEP conducted a site visit and observed the discrepancies that included unauthorized fill in multiple areas, and the buffer zone. This included a total of 1,884 square feet of unauthorized alteration. Today's Order requires restoration of all altered resource area and removal of unauthorized fill/stockpiles in the buffer zone including long-term monitoring. MassDEP has agreed to suspend $12,970 of the Penalty pending full compliance.


Date: 4/9/09
municipality: ['Westford']
Text:
  MassDEP executed a Consent Order with a $36,000 Penalty involving Bobby's Ranch, Inc. Durkee Lane for Wetlands violations at 6 Durkee Lane in Westford. The company operates a public horse riding stable, which was initially identified for possible violations using aerial surveillance under the Wetland Change Initiative. MassDEP inspected the site and found additional areas of wetland alterations on the site beyond that identified by the aerial photography. Altogether, approximately 17,190 square feet of bordering vegetated wetland had been altered in three areas. The resource area was filled to create a covered paddock and the destruction of vegetation for a corral area. Additionally, approximately 440 linear feet of river bank was altered by culverting an intermittent stream. Today's Order requires restoration and/or replication of all altered resource areas along with long-term monitoring. MassDEP has agreed to suspend $30,000 of the Penalty pending full compliance with today's Order.


Date: 4/8/09
municipality: ['Dedham']
Text:
  MassDEP executed a Consent Order with a $5,750 Penalty regarding Taymor Development, LLC, for Asbestos violations at 858 Washington Street in Dedham. Taymor failed to submit written notification to MassDEP prior to demolition of a commercial building that contained friable asbestos containing material (ACM). MassDEP found four asbestos work practice violations during the removal of asbestos from this commercial property. The work practice violations included


Date: 4/7/09
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with the Massachusetts Institute of Technology (MIT) for Air Quality violations at 77 Massachusetts Avenue in Cambridge. MassDEP found that MIT operated two emergency generators and installed them proximate to Simmons Hall Dormitory. As previously configured, operation of these uncontrolled generators could have caused or contributed to a condition of air pollution. However, MIT has agreed to install, operate and maintain California Air Resources Board (level three) certified diesel particulate filters on each generator on an expedited schedule as specified. Once installed, these filters will significantly mitigate the emissions from these emergency generators, greatly diminishing the impact of the emissions upon the dormitory and passers-by when operated in the future.4/6/09


Date: 4/6/09
municipality: ['Gloucester', 'Southwick']
Text:
  MassDEP executed a Consent Order with a $24,720 the city of Gloucester for Water Pollution Control violations. The city has failed to meet its obligations under a prior Consent Order. Today's Order updates those items the city has so far failed to meet. The city has a 6/1/09 deadline to modify its Combined Sewer Outfall #002 Regulator that maximizes flows to the wastewater treatment plant and minimizes discharges to a bathing beach. There is an extended time line for the city to complete the wastewater treatment plant upgrades to March 2011. Phases two and three of the city's waste water treatment plant upgrades are required to be completed by August 2013. Should phases two and three be incorporated into another court revision of the city's modified consent decree (MCD) [Civil Action No. 89-2206-WGY], it would serve as the controlling document Water Supply violations in Southwick. Under today's Order, the town of Southwick's Department of Public Works will take immediate steps to ensure the public water system undertakes needed corrective actions due to persistent total coliform bacteria detections.4/3/09


Date: 4/2/09
municipality: ['Billerica']
Text:
  MassDEP executed a Consent Order with AZAR Realty LLC for Waste Site Cleanup violations at 737 Boston Road in Billerica. As owner and/or operator of the property, AZAR failed to meet deadlines as set out in a notice of noncompliance issued by MassDEP on 1/13/09. Today's Order requires the company to submit a (tier) classification by 8/2/09, and an assessment report by 3/31/10. In addition, further progress is due by 9/30/10 and implementation of cleanup by 3/31/11. A final response outcome is due no later than 5/31/11. There is also a provision for stipulated penalties should any of the deadlines be missed.


Date: 4/1/09
municipality: ['Warren']
Text:
  MassDEP entered into a Consent Order with West Warren Water District for Water Supply violations in Warren. The District reported total coliform bacteria detections in the months of August 2008 and January 2009 and needs to submit a report on the causes and any necessary corrective actions that will be taken to correct the situation from re-occurring.4/1/09


Date: 4/1/09
municipality: ['Hadley']
Text:
  MassDEP concluded Consent Order with National Water Services, Inc., for Water Supply violations in Hadley. The company installed a vending machine as a public water system without prior registration as is required under the drinking water regulations. The water vending machine is located at the Whole Foods Market in Hadley.


Date: 4/1/09
municipality: ['Cheshire']
Text:
  MassDEP issued a $2,800 Penalty Assessment Notice to Pine Valley Mobile Home Park in Cheshire for Groundwater Discharge violations. MassDEP issued the Penalty to the owner of Pine Valley Mobile Home Park in Cheshire for failing to apply for renewal of its Groundwater Discharge Permit and for failing to meet the required schedule for upgrading its on-site wastewater disposal system. As part of a settlement agreement with MassDEP, Pine Valley has agreed to apply for renewal of its Groundwater Discharge Permit and to complete construction of its upgraded on-site wastewater disposal system by 12/31/09.


Date: 3/31/09
municipality: ['Billerica']
Text:
  MassDEP issued a Notice of Noncompliance to Empire Recycling, LLC, Solid Waste Management violations at 36 Sterling Road in Billerica. On 1/30/09, MassDEP observed that Empire had been storing recyclables (cardboard, plastic, and mixed recyclables etc.) at the facility in excess of 90 days and uncovered outside. Today's Notice of Noncompliance requires Empire Recycling, LLC to submit a plan to MassDEP describing the actions Empire intends to take to achieve compliance including the status of the existing materials stored at the facility, the future storage and accumulation of such material, the quantities of materials, nuisance prevention measures (odors, vectors) and an alternative plan for management of the material if markets are not available.3/31/09


Date: 3/30/09
municipality: ['Springfield']
Text:
  MassDEP entered into Consent Order with a $1,575 Penalty involving Superior Carriers, Inc. for Hazardous Waste Management violations at its Shaw's Lane facility in Springfield. MassDEP found during a multimedia inspection of the facility, and during a review of records, that the facility was generating hazardous waste in amounts greater than its registered generator status. The company did not notify MassDEP of the change in its status as required by state regulations. The company, which corrected the violations immediately upon being notified, has cooperated with MassDEP fully to bring the facility back into compliance.


Date: 3/27/09
municipality: ['Medway']
Text:
  MassDEP executed a Consent Order with a $7,000 Penalty involving CGIT Systems, Inc. for Hazardous Waste Management violations in Medway. MassDEP inspected the company and found it was generating hazardous waste in amounts in excess to its registered status. Also, the company failed to properly mark and label containers, failed to maintain containers in good condition, and failed to meet the requirements concerning its emergency procedures. In addition to the Penalty, today's Order requires compliance with appropriate regulations and establishes a graduated schedule of stipulated penalties for any future violations.


Date: 3/27/09
municipality: ['Grafton']
Text:
  MassDEP executed a Consent Order with a $4,140 Penalty regarding Dimitria Delights, Inc. for Industrial Wastewater and (septic system) violations in Grafton. During a routine inspection of the facility, the company was found to be discharging bakery-related wastewater to its septic system and groundwater discharge. Today's Order requires the company to comply with the applicable regulations by connecting to the town's wastewater collection system and in addition to the Penalty establishes a graduated schedule of stipulated penalties for any future violations.


Date: 3/27/09
municipality: ['Southborough']
Text:
  MassDEP issued a Notice of Intent to Asses an $8,260 Civil Administrative Penalty to Elias Aoude for Air Quality and Solid Waste violations in Southborough. While investigating a fire at the property on 2/17/08, staff from the state Department of Conservation and Recreation and Southborough Fire Department officials observed individuals burning piles of combustible banned materials including cardboard, leaves, large diameter logs, construction debris, pallets and a couch. Officials immediately notified MassDEP of the situation. After attempts to negotiate a settlement failed, MassDEP assessed today's Penalty. This action will help ensure that open burning and solid waste management requirements are complied with in the future.


Date: 3/27/09
municipality: ['Fitchburg', 'Littleton']
Text:
  MassDEP accepted the Settlement Agreement involving Roofblok Limited for Waste Site Cleanup violations in Fitchburg. Commissioner Burt issued the Final Decision accepting the terms with Roofblok Limited of Littleton. On 12/2/08, MassDEP issued Roofblok a demand for payment of Stipulated Penalties in the amount of $3,750 as a result of the company's failure to file cleanup-related assessment and cleanup reports by the deadlines established in a previous order. The Company initially appealed that demand, but has now agreed to settle the case for the entire penalty amount that was originally assessed, and it has returned to compliance by submitting the required reports.3/27/09


Date: 3/25/09
municipality: ['Hardwick']
Text:
  MassDEP issued a Consent Order Gary Geane for Wetlands violations at 2322 Greenwich Road in Hardwick. MassDEP found that Geane had undertaken the cutting of vegetation, stumping work within a bordering vegetated wetland (BVW) at the rear of his home resulting in an unauthorized impact (less than 5,000 square feet). The Order requires Geane to cease all activity within the BVW and submit a restoration plan for the impacted area. The plan must be implemented by 7/1/09.3/24/09


Date: 3/23/09
municipality: ['Leicester']
Text:
  MassDEP issued a Unilateral Order to James Brown for Title 5 (septic system) violations in Leicester. MassDEP determined that Brown had allowed his certification as a Septic System Inspector to lapse, but then continued to perform inspections. Today's Order requires Brown to cease and desist from performing any further inspections until he retakes the System Inspector Training examinations and obtains the required certifications. This action will ensure the public is served by professionals who bear current certifications.


Date: 3/23/09
municipality: ['Pittsfield']
Text:
  MassDEP issued a Unilateral Order to Erik Erkkinen and Barbara Widmann for Asbestos violations on a vacant residential property they own on Goodrich Street in Pittsfield. MassDEP received a complaint from an inspector of the Massachusetts Division of Occupational Safety, which had performed an inspection of the property. Following the inspection, the Division posted a cease and desist order halting all work at the site due to the improper handling of asbestos-siding material that had been observed during the inspection. MassDEP inspected the site in response to the complaint; the inspector observed a small dumpster in the front yard with demolition waste in it. The inspector also observed pieces of suspect asbestos-containing waste material around the dumpster and at other areas of the site. The material was in a dry, friable, state and did not appear to have been wetted. It was not sealed into leak-tight, labeled containers as is required. Today's Order requires the owners to properly cleanup the site.3/19/09


Date: 3/13/09
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with a $54,937.50 Penalty involving Duong Cam Luong for Asbestos violations on a residential property on Irene Street in Worcester. Under the terms of the Order, the violator must comply with all applicable Asbestos regulations throughout the Commonwealth in the future. After satisfactorily demonstrating that a financial hardship condition exists, the Penalty was fully suspended provided that the violator remains in compliance and has no additional violations for a one-year period. The Order also contains stipulated penalty provisions for any future instances of noncompliance. The violations were first discovered during a MassDEP inspection in October 2008.


Date: 3/13/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty regarding Eagle Stainless Tube and Fabrication, Inc. for Industrial Wastewater violations in Franklin. A routine inspection by MassDEP found the company was operating an Industrial Wastewater Pretreatment System without certification. Today's Order requires the company to comply with the certified operator requirement, and contains stipulated penalty provisions to deter any future noncompliance. This action will ensure the company's industrial wastewater will be properly treated before being discharged to the local sewer system.


Date: 3/13/09
municipality: ['Uxbridge']
Text:
  MassDEP executed a Consent Order with a $750 Penalty involving Harriet B. Southerland, d/b/a A-to-Z Auto Body, for Air Quality violations on River Road in Uxbridge. In May and June of 2007, MassDEP's Environmental Strike Force personnel observed the uncontrolled outdoor open burning of mixed refuse in open containers at the site. The Order requires immediate cessation of the unpermitted practice, along with payment of the Penalty. The Order also contains stipulated penalty provisions to deter any future noncompliance at this, or any other location in the Commonwealth owned by the violator.


Date: 3/13/09
municipality: ['Wareham']
Text:
  MassDEP executed a Consent Order with Eagle Holt Company, Inc., for Water Management Act violations in Wareham. Eagle Holt constructed 22 acres of cranberry bog without authorization under the Water Management Act for the withdrawal of water to cultivate the bogs. The company has filed an application for a permit and during the permitting process participated in a study undertaken by the UMass Amherst Cranberry Station and the UMass Dartmouth Coastal System Program School for Marine Science and Technology to examine nutrient loadings to surface waters related to cranberry agriculture. The resultant study entitled, Phosphorus Dynamics in Cranberry Production Systems


Date: 3/12/09
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with LMB Partners (a Limited Partnership) for Waste Site Cleanup violations at 25, 47 & 71 Topeka Street in Boston. MassDEP found the owner and/or operator of the property failed to meet deadlines (as is required, and later under a specific notice of noncompliance issued by MassDEP on 12/10/08). Today's Order requires the owner/operator to submit a cleanup tier classification by 3/30/09, and assessment report by 12/15/09, the development and implementation of cleanup plans by 2/15/10 and 5/15/10. A final response outcome is due by no later than 12/15/11. In addition there are stipulated penalties for any missed deadlines.


Date: 3/12/09
municipality: ['Wales']
Text:
  MassDEP issued an Amendment to an existing Order with the town of Wales for Water Supply violations. MassDEP agreed to allow more time to complete the corrective actions at the Wales Senior Center public water system.3/10/09


Date: 3/9/09
municipality: ['North Reading']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving New England Motor Freight, Inc., for Waste Site Cleanup violations at 90 Concord Street in North Reading. The company failed to notify MassDEP immediately, and within two hours after obtaining knowledge of a sudden release of 80-100 gallons of styrene resin at its facility in North Reading. Today's Order requires that NEMF develop and implement a plan in the event of oil and hazardous material release(s) and the reporting and response. Such a plan would be utilized by the company's employees to report, spills, conduct spill cleanup, and submit appropriate reports and documentation to MassDEP. NEMF will submit a copy of this plan within 45 days of today. MassDEP has agreed to suspend $2,750 of the Penalty pending full compliance and provided there are no further violations within one year. Today's Penalty includes daily stipulated penalties of $1,000 that may be assessed for any future violations.


Date: 3/9/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $39,800 Penalty involving R & D Development Realty, LLC, for Wetlands violations off Howe Street in Methuen. The property is currently under development by R & D as a residential single and multi family subdivision with an 18-hole golf course. In August 2008, MassDEP found during a regular inspection (and a third party monitor) that insufficient stormwater and erosion controls had resulted in sedimentation to bordering vegetated wetland (BVW) at seven separate areas of the site. Additionally, a small amount of incorrect clear cutting and grading altered BVW in an additional area resulting with all BVW impact totaling 4,425 square feet. The violations also included non-compliance with a local permit (order of conditions) and a water quality certificate issued by MassDEP for this project. Today's Order requires full restoration (some of which was immediately performed through removal of siltation) and long term monitoring. MassDEP has agreed to suspend $29,800 of the Penalty pending full compliance by 10/31/13.


Date: 3/9/09
municipality: ['Dighton']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty regarding Manheim New England for Hazardous Waste Management violations in Dighton. An inspection revealed that Manheim New England was failing to properly label its containers of hazardous waste and conduct weekly inspections of its hazardous waste accumulation areas. In addition to the Penalty, the company has agreed to bring the facility back into full compliance with all applicable regulations.


Date: 3/9/09
municipality: ['Sandwich']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Watts Family Farm for Solid Waste violations at 23 Falmouth-Sandwich Road in Sandwich. Peter Watts operates a composting operation at the farm where in October 2004 MassDEP found the emission of offensive odors from the composting operations and issued a notice of noncompliance. In February 2005, MassDEP then issued a Unilateral Order for accepting solid waste without proper permits and causing nuisance odor conditions off-site. In June 2005 MassDEP entered into a Consent Order with Penalty which required Watts to undertake site improvements to control offensive odors from the composting operations and pay a penalty of $2,880. MassDEP inspected the facility in July and August 2007 and confirmed the Farm's composting operations were continuing to cause nuisance odor conditions and that Watts failed to implement the required site improvements by the deadlines. Under today's Administrative Consent Order Watts has agreed to cease composting at the Farm. MassDEP agreed to fully suspend the Penalty pending cessation of composting activities at the Farm.


Date: 3/9/09
municipality: ['Granby']
Text:
  MassDEP issued a Unilateral Order and a Declaration of Water Emergency to the Bachelor Knolls for Water Supply violations in Granby. The issuance of a water emergency enables this public water system to use bulk water for its customers while its well pump is replaced, disinfected and tested to verify that the well water is absent of bacteria.


Date: 3/6/09
municipality: ['Fitchburg', 'Leominster']
Text:
  MassDEP executed a Consent Order with a $7,360 Penalty involving AKS Recycling, Inc for Asbestos violations in Fitchburg. MassDEP found during an October 2007 inspection the company had failed to comply with its third-party asbestos monitoring and sampling requirements mandated by its (solid waste facility) permit. Under the terms of the Order, the company has agreed to comply with all applicable regulations, pay $1,860 and conduct a Supplemental Environmental Project valued at an additional $5,500. Under this MassDEP approved SEP, the company will develop an asbestos regulation education program intended for demolition and construction contractors in the Fitchburg/Leominster area.


Date: 3/6/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty involving John Grossi for Wetlands violations at 435 Main Street in Amesbury. The violations took place at a construction project in a flood zone of his single-family home, driveway and pier which was found to have exceeded the approved plans and permits. Grossi has agreed to hire a wetlands consultant to properly delineate surrounding resource areas by May 1, 2009 and implement a restoration plan by June 1, 2009. Among the items in the restoration plan will be


Date: 3/6/09
municipality: ['Clinton']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Economic Enviro Tech, Inc., for Asbestos violations in Clinton. Enviro Tech is a Leominster-based licensed asbestos contractor. MassDEP received an asbestos removal notification involving a proposed demolition of the former American Legion Post in Clinton, MassDEP personnel inspected that job site in November 2008 and determined that the contractor tailed to adequately seal the asbestos abatement work area, and that it had failed to wet asbestos-containing waste materials. In addition to the Penalty, today's Order requires the company to comply with all applicable regulations at future job sites.


Date: 3/5/09
municipality: ['Raynham']
Text:
  MassDEP entered into a Consent Order with a $13,504 Penalty with Olson Greenhouses, Inc. for Environmental Management violations in Raynham. A multi-media inspection revealed that the company was marketing "specification used oil fuel" without a level III class B(3) hazardous waste recycling permit. In addition, the company's opacity monitor was not functioning, and they had failed to submit the certification for their on-site industrial wastewater holding tank. MassDEP has accepted the company's proposed Supplemental Environmental Project (SEP) which will consist of connecting the facility to the municipal sewer system and installing a new compressor for the transfer of "fuel" to its boiler fuel tanks. The sewer connection will eliminate the over-the-road hauling of 600,000 gallons of industrial wastewater per year and the new compressor will save 1,000 gallons of fuel per year. The company will pay $3,376, and the SEP credit is $10,128, but the actual cost of the SEP will exceed $22,000.


Date: 3/5/09
municipality: ['Billerica']
Text:
  MassDEP executed a Consent Order with Ronald J. McNulty Realty, LLC for Waste Site Cleanup violations at 626 Boston Road in Billerica. As owner and/or operator of the property, the Trust failed to meet deadlines set out in a notice of noncompliance issued on 1/29/07 and an earlier Consent Order executed on 1/16/09. Today's Order now requires an assessment report and permit classification submittal or a final response outcome by no later than 1/30/10. Today's Order also contains stipulated penalty provisions for any missed deadlines.3/4/09


Date: 3/3/09
municipality: ['Fitchburg', 'Westminster']
Text:
  MassDEP executed a Consent Order with H.R.A., Inc. for Waste Site Cleanup violations in Westminster. H.R.A., Inc., is based in Fitchburg, and the company has agreed to cleanup deadlines for the completion of response actions at a diesel spill which occurred on Route 2 in Westminster in 2002. The closure report for this release was never been submitted. H.R.A. Inc. initially received a notice of noncompliance, and in response, requested additional time to complete the work. Today's Order formally establishes the requested compliance schedule.


Date: 3/3/09
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with Kenneth C. Merritt for Waste Site Cleanup violations in Worcester. Merritt failed to complete site cleanup activities in an expeditious manner. Merritt previously received a notice of noncompliance, as well as extensions to established deadlines, and has now agreed to enter into this Order and commit to established deadlines.


Date: 3/3/09
municipality: ['Worcester']
Text:
  MassDEP issued a Notice of Intent to a $13,540 Penalty involving F&P, LLC, for Air Pollution and Solid Waste violations in Worcester. During a December 2007 inspection conducted with representatives of the Worcester Fire Department, MassDEP found that the company had illegally been operating an incinerator. In addition, the company was burning building materials and foam, which constitutes illegal hazardous waste disposal, and it served as a Solid Waste Management facility without having any site assignment or facility (operating) permit. Although the company did submit documentation that the incinerator has since been rendered inoperable, it failed to agree to the entry of a Consent Order with Penalty. Today's Penalty requires the Company to pay a $13,540 for the cited violations and serves to halt the use of this illegal incinerator, thereby improving the air quality in the immediate vicinity of the facility.


Date: 3/3/09
municipality: ['Lexington']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty regarding One Beacon Insurance Group for Asbestos violations at 16 Highland Avenue in Lexington. Responding to a complaint from the owner of the home located at 16 Highland Ave in Lexington, MassDEP inspected the property and found that a third-party contractor of One Beacon damaged asbestos containing materials when investigating the cause of the boiler failure. One Beacon will pay $12,700 and MassDEP has agreed to suspend $4,350 of the Penalty pending full compliance for a period of one year. One Beacon will insure that its employees, agents, contractors, and subcontractors remain in compliance.


Date: 2/27/09
municipality: ['Ipswich']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding Sideris Baer as Trustee of Farragut Realty Trust, for Waste Site Cleanup violations at 3 Topsfield Road in Ipswich. As owner and/or operator of the property, the Trust failed to meet deadlines set out in MassDEP's notice of noncompliance issued on 11/1/07 and the subsequent Consent Order executed on 12/27/07. Today's Order requires a phase two (assessment) report, followed by a phase three by 5/1/09 and phase four by 6/30/09 (developing cleanup plans). A final outcome statement is due no later than 12/31/09. In addition, today's Order contains a stipulated penalty provision for any missed deadlines.2/27/09


Date: 2/26/09
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with Inman Square Lofts, LLC, for Waste Site Cleanup violations at 6 Beacon Street in Somerville. As owner and/or operator of the property the LLC failed to meet deadlines set out in a notice of noncompliance issued on11/10/08. Today's Order requires the corporation to submit a tier two extension submittal that meets cleanup requirements by 2/27/09, followed by a release abatement measure status report by 3/13/09. A final response outcome is due no later than 9/30/11. Today's Order also contains a stipulated penalty provision for any missed deadlines.2/26/09


Date: 2/25/09
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Distrigas of Massachusetts LLC, for Air Quality violations at 18 Rover Street in Everett. Distrigas, which operates a liquefied natural gas (LNG) storage and distribution facility, had previously received a written plan approval from MassDEP to install and operate four new LNG submerged combustion vaporizers (SCVs) at its Everett facility. This approval required the first-of-its-kind use of selective catalytic reduction (SCR) to control oxides of nitrogen (NOx) emissions from the SCVs. Despite good faith efforts, the facility has been unable to continuously comply with short-term emissions limits for NOx and ammonia (NH3), while maintaining continuous compliance with 12 month rolling limits for NOx and NH3 for the SCVs. MassDEP, after review of continuous emissions monitoring systems data, has now set interim, or short-term limits for NOx and NH3 for the SCVs in today's Order. In addition, MassDEP requires Distrigas to file for a modification to its plan approval, as well as to continue to provide emissions data on a biweekly basis, which will be used to inform MassDEP's review of the modified plan application and to establish short-term NOx and NH3 limits which reflect what the SCR can continuously achieve.2/25/09


Date: 2/24/09
municipality: ['Billerica']
Text:
  MassDEP executed a Consent Order with a $3,500 Penalty involving Baker Commodities Inc. for Air Quality and Hazardous Waste violations at 134 Billerica Avenue in Billerica. During an unannounced inspection, MassDEP found the company failed to perform annual fuel utilization equipment efficiency testing as stated in their permit. In addition, the company failed to properly label and manage containers of waste oil, failed to conduct and record weekly inspections of waste oil accumulation areas, failed to post an emergency telephone list and failed to obtain a MassDEP Class A regulated recycling permit for waste generated from a parts washer. The facility has agreed to correct all violations and return to compliance.


Date: 2/24/09
municipality: ['Southampton']
Text:
  MassDEP entered into a Consent order with a $21,000 Penalty regarding Edward Gwinner Jr. for Wetlands violations in Southampton. Construction work had taken place within the riverfront area to the Manhan Brook and within the 100-foot buffer zone to the bordering vegetated wetland without having submitted the required notice of intent. This unpermitted work impacted slightly less than one acre of riverfront area and part of the stormwater management system without conforming to appropriate standards. The Order issued to Gwinner requires full restoration of the impacted area, and removal of stormwater structures from the buffer zone. MassDEP has agreed to suspend $11,000 of the Penalty pending full compliance and restoration work. Gwinner is also required to revise the stormwater management plan for the subdivision by providing treatment of the water and maximizing opportunities for recharge of stormwater.2/24/09


Date: 2/19/09
municipality: []
Text:
  MassDEP issued a $2,524 Penalty Assessment Notice to Lamberto's Garage for Air Quality (Stage II vapor recovery) violations in Franklin. Inspections in 2007 by MassDEP found failures to perform in-use compliance tests on vapor recovery systems at this gasoline dispensing facility and other recordkeeping violations. Efforts to reach a negotiated settlement of this enforcement action were unsuccessful.


Date: 2/18/09
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with an $8,700 Penalty involving Jose Lopez for Solid Waste violations at 44-47 Taunton Green in Taunton. MassDEP found that operations at this location resulted in the disposal of solid waste at a facility in Massachusetts that is not approved to manage the particular type of solid waste being disposed. Lopez had rented a dumpster and placed friable asbestos containing material in the dumpster for disposal.


Date: 2/18/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $2,445 Penalty involving Sears Roebuck and Company for Hazardous Waste Management and holding tank violations at the Cape Cod Mall in Barnstable. In March 2008, in response to a complaint, MassDEP conducted an inspection of the facility and identified the violations. The hazardous waste violations were addressed by the end of October 2008, and under today's Order, Sears Roebuck and Co. is required to complete an integrity assessment of the holding tank and come into compliance with the regulations.


Date: 2/18/09
municipality: []
Text:
  MassDEP issued a Unilateral Order and $14,000 Penalty Assessment Notice to Kim's Cleaners for Hazardous Waste and Air Quality violations in Methuen. MassDEP randomly selected and inspected the facility in September, 2007 as chosen by the Environmental Results Program. A Notice of Noncompliance was issued in October, 2007 due to air quality and hazardous waste violations observed during the inspection. A follow-up inspection determined that the violations were continuing at Kim's Cleaners. An enforcement conference was held and a negotiated penalty determined in August 2008. Kim's Cleaners, however, failed to sign a Consent Order with Penalty. As a result of the violations observed and the subsequent unsuccessful negotiation, MassDEP issued today's actions to Kim's Cleaners


Date: 2/17/09
municipality: ['Cambridge']
Text:
  MassDEP issued an $18,050 Penalty Assessment Notice to Naggar Realty LLC, for Asbestos violations at 563 Massachusetts Avenue in Cambridge. MassDEP personnel responded to a complaint at this address and observed loose, dry, friable pieces of asbestos containing floor tile debris in the building and outside the building in a rolloff container at the site. Employees of the Naggar Realty LLC had improperly removed the asbestos containing floor tile without notification as required. Negotiation attempts with Naggar Realty were unsuccessful.


Date: 2/17/09
municipality: ['Oxford']
Text:
  MassDEP entered into a Consent Order with a $12,870 Penalty regarding IPG Photonics for Air Quality, Hazardous Waste and Industrial Wastewater Management violations in Oxford. MassDEP determined that the facility was discharging Industrial Wastewater to the ground and its sanitary septic system without necessary permits and approvals. An inspection also identified recordkeeping violations related to its (air quality) plan approval, hazardous waste management and holding tanks. In addition to returning to compliance, today's Order will ensure that the company properly disposes of wastewater and properly reports information related to air and hazardous waste requirements.


Date: 2/13/09
municipality: []
Text:
  MassDEP executed a Consent Order with a $7,760 Penalty regarding Ocean Auto Body Inc. for Air Quality, Hazardous Waste and Industrial Wastewater violations in Winthrop. MassDEP inspected the facility on 2/19/08 and issued a notice of noncompliance on 3/14/08 and performed a follow- up inspection on 10/28/08. During the follow up inspection, additional violations were identified. Today's Order requires Ocean Auto Body Inc. to submit documentation that a floor drain has been properly closed under industrial wastewater regulations and come into compliance with various air quality regulations including installing a proper exhaust stack for the paint spray booth. MassDEP agrees to suspend $6,760 if Ocean Auto Body Inc. does not violate any provisions of the Order for one year.2/12/09


Date: 2/12/09
municipality: ['Shirley']
Text:
  MassDEP issued a Demand for $54,500 in Stipulated Penalties to GFI Shirley, LLC for Wetlands violations in Shirley. MassDEP issued an amended Demand for stipulated penalties in the amount of $54,500 to GFI Shirley, LLC,- the developer of a sub-division known as Apple Orchard Estates. On 3/21/07, the company entered into a Consent Order to correct Wetlands violations which contained stipulated penalty provisions. Today's demand is based on the company's failure to comply with the provisions of that agreement during the period of July 2001 through September 2008.2/12/09


Date: 2/11/09
municipality: ['Athol']
Text:
  MassDEP issued a Unilateral Order to River Bend Mobile Home Park for Water Pollution Control (septic system) violations in Athol. MassDEP issued a Unilateral Order to River Bend Mobile Home Park following River Bend's self-reporting of a failed septic system serving two homes at River Bend. Today's Order requires the operation of the system as a tight-tank pending upgrade of the system and return to compliance.2/11/09


Date: 2/10/09
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $1,150 Penalty involving the town of Tewksbury for Water Supply violations. MassDEP's Drinking Water Program found the town exceeded the maximum contaminant level for total trihalomathenes, which are byproducts of the water disinfection process. The town has undertaken corrective steps to address the violation. MassDEP has agreed to suspend the Penalty pending compliance with the conditions of the Order for one year.


Date: 2/10/09
municipality: ['Ipswich']
Text:
  MassDEP executed a Consent Order with First Ipswich Bancorp and the town of Ipswich for Waste Site Cleanup violations on Hammatt Street in Ipswich. Both are potentially responsible parties for this property. The parties failed to submit required phase two, three and four reports and a final response outcome within the required deadlines. Today's Order establishes new deadlines for the submittal of the required reports, and imposes stipulated penalties of $1,000 per day for any future violations.


Date: 2/9/09
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with the town of Hardwick for Water Pollution Control violations specifically the National Pollutant Discharge Elimination System (NPDES) regulations. The town's wastewater treatment plant had two separate discharges of raw sewage to the Ware River in 2007 and 2008 from a ruptured sewage (force) main. Today's Order requires the Town to develop a preventative maintenance program for the sewage main, to conduct an assessment of the existing collection system in the village of Gilbertville, and to submit a plan for capacity assurance management and operations, and maintenance. Today's Order also requires a proposed time frame for the repairs to any collection system deficiencies noted in the collection system assessment by no later than 12/31/09.


Date: 2/9/09
municipality: ['Ludlow']
Text:
  MassDEP issued a Unilateral Order to Manuel & Donna Cheria for Asbestos violations in Ludlow. The Cherias are required to properly clean dispose of asbestos and asbestos-contaminated demolition debris at their residential property in Ludlow. The Cherias had demolished an existing residence on their property without removing asbestos transite siding from the structure, shipped some of the debris to a commercial (construction & demolition) processing facility and buried some of the asbestos-contaminated debris in a hole in the structure's basement. The C&D processing facility notified MassDEP upon receipt of the asbestos-contaminated debris and returned it to the site.2/9/09


Date: 2/5/09
municipality: ['New Marlborough']
Text:
  MassDEP issued a declaration of Water Emergency to Kolburne School, Inc in New Marlborough. The Order was issued to address interruptions in service to this community public water system. The School petitioned for the Declaration to enable the use of bulk and bottled water as it continues working to resolves issues relative to the well at its main campus. MassDEP was on-site to assist the public water system and to specifically review potential sites for a replacement source. MassDEP remains in contact with the system and its operator to explore alternatives for this facility.2/5/09


Date: 2/3/09
municipality: ['Spencer']
Text:
  MassDEP entered into a Consent Order with a $16,600 Penalty involving Emerald Realty Trust for Waste Site Cleanup violations in Spencer. MassDEP's audit of cleanup actions found that the Trust failed to meet final response action standards, failed to meet requirements for the phase four remedy implementation plan and remedy operation status. MassDEP's audit also found the failure to notify of a utility release abatement measure and failure to submit immediate response action status reports. Today's Order requires payment of a $2,400 with the additional penalty of $14,200 suspended pending the submittal of proper phase four response outcome reports and statements.


Date: 2/3/09
municipality: ['Acton']
Text:
  MassDEP entered into a Consent Order with a $19,975 Penalty involving Grubb & Ellis Management Services, Inc. for Waste Site Cleanup violations in Acton. The company failed to notify MassDEP of a release, and failed to submit a final response outcome within one year for a sudden release of two thousand (2,000) gallons of fuel oil. The release on 9/16/07 at 100 Nagog Park in Acton occurred when a high-level cutoff switch on a generator failed, causing fuel to pump from a 5,000 gallon capacity storage tank into a smaller 150 gallon storage tank. Oil overflowed from the smaller tank onto the generator room floor of the building and out the front door where it impacted pavement and soil. Grubb & Ellis Management, Inc. agreed to review its spill management plan and pay a $16,000 with the additional $3,975 suspended provided the company does not repeat the violations within one year.


Date: 2/3/09
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with an $8,050 Penalty involving Stewart's Global Environmental Services for Water Pollution Control violations in Haverhill. Stewart's Environmental operates a septage treatment facility with a sewer connection to the Haverhill sewer system and they did not apply for renewal of their MassDEP sewer connection permit. Today's Order includes a requirement for Stewart's to secure a new sewer connection permit, upgrade its odor control facilities on the site. MassDEP has agreed to suspend the entire penalty contingent on timely completion of the required work.2/1/09


Date: 1/30/09
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Friends Crossing Trust for Groundwater Discharge violations in Easton. During a permit renewal review, MassDEP determined that not all required discharge monitoring reports (DMRs) on the effluent quality of the on-site wastewater treatment facility had been submitted. Also, some DMRs had been submitted late. The Trust consists of a 113-unit condominium association and a 36-unit rental development which contribute flow to the wastewater treatment plant. Today's Order requires the Trust to submit the DMRs and a sampling plan identifying sampling procedures. In addition, the Trust will submit a management plan which identifies proper maintenance, record keeping and sampling frequency. The application for a permit renewal will also require upgrades to the treatment plant.


Date: 1/30/09
municipality: ['Seekonk']
Text:
  MassDEP issued a Unilateral Order and a $6,350 Penalty Assessment Notice to North Bay Structures, Inc. for Asbestos violations at 21 Perrin Ave in Seekonk. The company failed to notify MassDEP of an asbestos demolition project involving the removal of asbestos containing shingles from a building. North Bay Structures also failed to ensure that the asbestos containing material remained wet until and after it was sealed into a leak-tight container for disposal. MassDEP attempted to resolve this matter on 4/9/08 but the company was nonresponsive to numerous attempts by MassDEP to finalize an agreement.


Date: 1/30/09
municipality: ['Boston']
Text:
  MassDEP issued a $23,575 Penalty Assessment Notice to, Wing Specialty Service Contracting, Inc. for Asbestos violations on a Northern Avenue location (the former Jimmy's Restaurant and Massport offices) in Boston. MassDEP inspected the demolition and asbestos abatement activities at the building, and found that work commenced prior to removing all asbestos materials from the building. Asbestos materials were found on the open second floor, mixed with demolition debris, on the sidewalk and near a waste container. In addition, MassDEP determined that asbestos material was being removed without sealing the work area, keeping the material wet, sealing the waste into leak-tight containers, or using air cleaning devices as required.


Date: 1/30/09
municipality: ['Adams']
Text:
  MassDEP entered into a Consent Order with Jae H. Chung for Waste Site Cleanup violations at 35 Richmond Lane in Adams. Chung, owns the property, which had been used as a dry cleaner and laundry from the mid 1940s until 2000, when it was purchased by Chung. Violations were for failure to submit cleanup reports within two years of classification effective date. A notice of delay was sent by MassDEP. The environmental consultant for Chung cited financial constraints, and site work activities including possible building demolition. New deadlines have now been set for submittal response actions report by 2/11/09. Additionally, Chung will submit cleanup plans by 7/15/09. Today's Order also contains stipulated penalties for future noncompliance with regulatory deadlines.1/29/09


Date: 1/29/09
municipality: ['Egremont']
Text:
  MassDEP executed a Consent Order with a $1,100 violations involving Lycott Environmental, Inc for Wetlands violations at Lake Prospect in Egremont. Lycott undertook work involved with application of herbicides to Prospect Lake in violation of a Final Order of Conditions (FOC) issued by the Egremont Conservation Commission. The FOC required prior written notice to all residents before undertaking lake treatment of herbicides. In addition to the Penalty, today's Order requires that Lycott develop a written protocol for ensuring fail-safe written notice to residents when required.


Date: 1/26/09
municipality: ['Holden']
Text:
  MassDEP with the state Attorney General's Office reached a Settlement with Durant Realty Trust/Leahy Excavating Company(Audrey and Edward Leahy and the Stead Realty Trust) to complete the cleanup of their contaminated property in Holden in a timely manner. The complaint was the result of illegally dumped septage onto the property in Holden owned and operated by the Leahy's,, which contaminated the groundwater with chlorinated solvents. Similar contaminants were detected at low levels in the town's public water supply well located down-gradient from the property, and in a private well adjacent to the property. The Leahys agreed to cleanup the site and pay a $120,000.00 penalty, a portion of which will be suspended pending the completion of the cleanup activities at the site.1/28/09


Date: 1/27/09
municipality: ['Boston']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with a $2,000 Penalty regarding Mother Brook, LLC, for Waste Site Cleanup violations in Boston (Hyde Park(). Today's' Order includes an extended deadline for submittal of a final Response Action Outcome statement. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil identified during the removal of an underground storage tank from the property.1/23/09


Date: 1/23/09
municipality: []
Text:
  MassDEP entered into a consent Order with Presidential Realty (Industrial Park) Corporation for Waste Site Cleanup violations at its former Colorado Fuel & Iron location in Palmer. After extensive compliance assistance efforts and negotiations during which the cost effectiveness of a number of potential permanent remedies were discussed and evaluated, MassDEP and Presidential Realty Corporation have reached an agreement with regards to the extensive cleanup of metals contamination in soils and adjacent wetlands at the former facility. The impacted wetlands are adjacent to the Quaboag River and are in an Area of Critical Environmental Concern (ACEC). The ACEC is known to contain a number of protected species. Under today's Order, the cleanup will include excavation, encapsulation and capping of the remedial waste within an existing abandoned building foundation on-site. This will result in a cost effective permanent solution for the site. Today's Order contains stipulated penalties in the event of noncompliance and requires that the proposed site remediation comply with all applicable permit requirements and be completed by December 2009.1/23/09


Date: 1/23/09
municipality: ['Boston', 'Worcester']
Text:
  MassDEP was informed that a Worcester County Grand Jury returned five indictments against the Mayo Group Development LLC, for the improper removal of asbestos at a ten-story commercial building in downtown Worcester. The Mayo Group, a real estate investment, development, and management company headquartered in Boston, was indicted on charges it violated the Clean Air Act for failure to file notices of asbestos removal with MassDEP (2 counts), failure to comply with procedures for asbestos emissions control (2 counts), and improper disposal of asbestos waste (1 count). The indictments stem from an Environmental Strike Force investigation, which revealed that the Mayo Group used its own employees to demolish parts of the building, failed to conduct a full asbestos survey of the building, and failed to properly handle and remove asbestos. Residents who were living in the building while demolition was happening were exposed to asbestos, a known carcinogen. An arraignment date has not yet been scheduled.


Date: 1/22/09
municipality: ['Bourne']
Text:
  MassDEP entered into a Consent Order with a $1,630 Penalty involving the town of Bourne for Solid Waste Management violations at the Bourne landfill. Based on inspections of the landfill, MassDEP found that the town failed to keep records regarding enforcement of the state's waste-bans and had inadequate litter control measures. The Town will implement controls (repair portions of existing fence and install additional fencing) to prevent litter migration offsite). In addition, the town will perform a Supplemental Environmental Project (SEP) under which the town will provide asbestos awareness training for selected municipal workers from selected Massachusetts communities at no cost to those other communities. Workers will be trained to prevent the inclusion of asbestos containing materials from entering the waste stream destined for disposal at the Bourne landfill.


Date: 1/22/09
municipality: ['Heath']
Text:
  MassDEP entered into a Consent Order with a $22,425 Penalty involving Mohawk Estates Property Owners Assoc. for Water Pollution Control violations in Heath. Mohawk Estates failed to repair leaking tight tanks discovered by the local board of health in a timely manner, thereby allowing discharge of untreated sewage to the ground water. In addition, Mohawk Estates made repairs before the permit was approved and installed the new tanks without inspection or approval. Mohawk Estates is required to submit documentation from its consultant that the tight tank has been installed in compliance with state regulations, complete the required permit process, and request a certificate of compliance for the repairs. MassDEP has agreed to suspend $18,425 of the Penalty pending full compliance with the Order.1/22/09


Date: 1/21/09
municipality: ['North Adams']
Text:
  MassDEP entered into a Consent Order with LaValley Oil Company, Inc. for Waste Site cleanup violations at South State Street in North Adams. As owner of the property, the company was found to have failed to submit phase two and three (assessment) reports within two years of the permit effective date. MassDEP had sent the company's environmental contractor a notice of delay in submitting its reports New deadlines have now been set for submitting its assessment and cleanup plans and reports by no later than 10/6/09.Today's Order also contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines


Date: 1/21/09
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Shetland Properties, Inc. for Waste Site Cleanup violations at 45 Congress Street in Salem. Shetland is the owner and/or operator of the property where it failed to meet deadlines set out in a notice of noncompliance on 10/14/08. Today's Order requires a Release Abatement Measure within 120 days, followed by the assessment and selection of cleanup plans (phase two and three) by 9/30/09 and 12/30/09. The next phase, implementation of the cleanup plan (phase four) is due by 4/30/10. A final response action outcome is due by 8/17/11. MassDEP has agreed to suspend $6,500 of the Penalty pending full compliance with terms of the Order.


Date: 1/21/09
municipality: ['Boston', 'Everett']
Text:
  MassDEP issued a $32,200 Penalty Assessment Notice to Wood Waste of Boston, Inc. for Solid Waste violations at 85-87 Boston Street in Everett. On two separate days during December 2008, MassDEP confirmed odors and dust emanated from Wood Waste's construction and demolition waste processing facility. Wood Waste's activities resulted in the creation of nuisance conditions and air pollution in the surrounding area. Today's Penalty is due to the failures to implement procedures and practices to prevent the development of these odor conditions and failure to undertake suitable measures to control dust, in accordance with requirements in the Solid Waste Management regulations.


Date: 1/21/09
municipality: ['Lawrence']
Text:
  MassDEP and the Massachusetts Registry of Motor Vehicles reached an Agreement with Leo & Sons Auto Repair & Towing, Inc. in Lawrence. MassDEP and the Registry executed a Consent Order with a $24,000 Penalty involving Leo & Sons for violating the Motor Vehicle Emissions Inspection and Maintenance regulations. Leo & Sons is a licensed by the Registry to conduct motor vehicle safety and emissions inspection. After analyzing data from the state's vehicle inspection database, MassDEP found inconsistent vehicle data for 12 emission inspections, indicating the occurrence of improper and illegal emission inspections. MassDEP and the Registry also conducted follow-up inspections of the facility. Today's Order suspends the license of Leo & Sons for two years with 30 days of the license suspension served and the remainder stayed, pending no further improper inspections. This is the first resolution in cases that were developed by MassDEP's Environmental Strike Force, the Inspection & Maintenance Program and the Registry.


Date: 1/16/09
municipality: ['Shrewsbury', 'Southborough']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty involving Brendon Five Properties Realty Trust (Leslie S. Carey, trustee) for Wetlands violations in Shrewsbury. The Trust, based in Southborough, has agreed to resolve violations that occurred during the construction of a real-estate sub-division located off Green and South Streets in Shrewsbury. MassDEP observed the discharge of silt and sediment-laden runoff from exposed, unstable soils that resulted in alterations to stream bank, land under water bodies, and bordering vegetative wetlands. This activity was carried out in violation of an existing Order of Conditions issued by the Shrewsbury Conservation Commission. Today's Order requires implementation of an erosion and sedimentation control plan to prevent any further damage, and a wetland restoration plan to restore the altered wetland resource areas. All work will be supervised by a wetlands specialist and must be completed by April of 2009. Today's action will result in restoration of 2,500 square feet of BVW, 5,000 square feet of land under water, and at least 50 linear feet of bank.


Date: 1/16/09
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving Kutsher's Sports Academy (KSA) for Water Supply violations in Great Barrington. KSA had operated as a public water system without the required approvals, monitoring and operator oversight as required. Today's Order requires KSA take steps to meet standards, including it conduct monitoring, obtain permits for a new source, reactivate the facility as a public water supplier, and include a notice with the deed regarding its status.


Date: 1/16/09
municipality: ['Hardwick']
Text:
  MassDEP issued an Amendment to an existing Consent Order for Water Supply violations involving the town of Hardwick. Today's Amendment provides additional time for installation of the town's corrosion control treatment facility.1/16/09


Date: 1/16/09
municipality: ['Dalton']
Text:
  MassDEP entered into a Consent Order with a $38,000 Penalty involving Crane & Company for environmental violations at its facility in Dalton. Crane & Company discharged elevated levels of ammonia to the Housatonic River from its wastewater treatment plant. On 1/26/08, a flange on a chemical metering pump failed, allowing an estimated 2,500-2,900 gallons of 40% liquid urea to discharge into a containment area at the wastewater treatment plant. On 1/28/08, Crane employees were aware this discharge had resulted in multiple fish kills in the river. Crane failed to notify MassDEP within two hours, however, MassDEP - as well as state Fish and Game's and Division of Fisheries and Wildlife personnel - response crew did document the extent of the fishkill. Crane has now completed all necessary response actions as required by MassDEP, and retrained its wastewater treatment personnel on proper response in the future. MassDEP has agreed to suspend $30,000 of the Penalty. Crane has agreed to perform a Supplemental Environmental Project (SEP) wherein Crane will Install on-line wastewater treatment that monitors and provides early warnings when problems at the wastewater treatment plant occur. This allows Crane to take immediate actions to address the problem and prevent discharges to the river that could result in impacts to fish and other aquatic life. Secondly, Crane will retrofit an existing steam turbine at one of Crane's mills to produce electricity on-site for use as part of Crane's raw materials processing operations. This project will reduce the amount of electricity Crane has to purchase from the electrical grid, resulting in reduced emissions of mercury and decrease greenhouse gases from off-site power plants.1/16/09


Date: 1/16/09
municipality: ['Newbury']
Text:
  MassDEP issued a Unilateral (cease and desist) Order to Twomey & Lagare Contracting, Inc. due to Wetlands violations at 33 Southern Boulevard in Newbury. Twomey & Lagare is the contractor performing construction on this property owned by Edward Mazur on Plum Island. The entire site is on a coastal dune, bordering on a coastal beach on a barrier beach. Mazur had filed to construct a second floor addition to an existing dwelling with no expansion of footprint and MassDEP provided comments expressly stating that the proposed construction should be limited to the second floor only. In July of 2008, the conservation commission concurred and work for the second floor addition only was approved. After receiving a complaint, MassDEP visited the site and found an entirely new house being constructed on the old block foundation. Construction materials, debris, and a portable toilet unit were placed and stored on vegetated coastal dune, and, the ten-foot no disturbance zone imposed for the project was being compromised. All work within the Wetlands jurisdiction is ordered to cease. MassDEP also issued a Unilateral (cease and desist) Order to Edward Mazur for these Wetlands violation.


Date: 1/14/09
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty involving Univar USA for Hazardous Waste Management violations. Univar USA is a licensed hazardous waste transporter and chemical distributor based in Salem. While performing an audit of Univar's hazardous waste transportation operations during a 6/20/08 inspection, MassDEP personnel determined that Univar had on several occasions over a two-year period transferred hazardous wastes between vehicles without the required license. Under its agreement with the company, Univar will help restore the Salem Fire Department's firefighting foam trailer to operable condition and resupply it with foam at a cost of $12,500, and pay a $6,250 penalty with the balance waived if there are no subsequent violations.1/13/09


Date: 1/12/09
municipality: ['Sheffield']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Berkshire School for Water Supply violations at its facility in Sheffield. Today's Amendment provides additional time to complete the installation of replacement storage structures that are necessary to provide at least two days of storage.


Date: 1/12/09
municipality: ['Westfield']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Complete Disposal Company, Inc. for Hazardous Waste and Industrial Wastewater Management violations in Westfield. MassDEP's inspection on 1/30/08 of the company's facility on North Street determined that the company had failed to certify an in-ground industrial wastewater holding tank with MassDEP as well as having failed to properly register its status as a hazardous-waste generator, as well as notifying MassDEP of its waste-oil recycling activity. The inspection also revealed noncompliance with hazardous waste management and labeling requirements. The company has cooperated with MassDEP and has initiated corrective actions.


Date: 1/12/09
municipality: ['Egremont']
Text:
  MassDEP entered into a Consent Order with a $750 Penalty involving the Friends of Prospect Lake Association (FPLA) to address Wetlands violations in Egremont. The FPLA authorized a consultant to apply herbicide treatment at Prospect Lake without providing notice to downstream property owners as required. Today's Order requires FPLA to develop a written public notification protocol for all future lake treatment activities - including written documentation from the appropriately-designated environmental consultants - that the protocol has been followed and the project is in compliance.


Date: 1/12/09
municipality: ['Boston', 'Canton', 'Chelmsford']
Text:
  MassDEP entered into a Consent Order with an $8,610 Penalty involving Cumberland Farms, Inc. for Air Quality (vapor-recovery) violations at its Allston (Boston) and Chelmsford locations. The company, which is based in Canton, had violations involving the vapor-recovery equipment at its gasoline pumps. As a result of a complaint, MassDEP inspected the Allston location in April 2008 and the Chelmsford location in August 2008. A notice of noncompliance (NON) for Stage II equipment and paperwork violations was issued to the Allston facility in May 2008, and a reply indicating it had returned to compliance was received in May 2008. A follow-up inspection at the Allston facility found continuing violations. The Chelmsford facility received a 30-day violation letter for equipment and paperwork violations. Under today's Order, Cumberland will correct the violations and MassDEP has agreed to suspend $1,160 provided the company returns and remains in compliance.


Date: 1/12/09
municipality: ['Weston']
Text:
  MassDEP entered into a Consent Order with a $19,835 Penalty involving the Stonegate at Weston Condominium Trust for Groundwater Discharge violations at Jericho Road in Weston. During the years 2006-2008, Stonegate consistently failed to submit its required discharged monitoring reports and exceeded the effluent limits established in its permit for Biochemical Oxygen Demand and Total Nitrogen. Under today's Order, Stonegate will evaluate its wastewater system and make the necessary improvements (after MassDEP approval) to ensure that the wastewater system is compliant. MassDEP has agreed to suspend $4,835 pending full compliance1/9/09


Date: 1/9/09
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $20,964 Penalty involving James M. Killion for Wetlands violations at 35 Beech Street in Tewksbury. MassDEP issued a Unilateral Order in November of 2007 for alteration of 2,500 square feet of bordering vegetated wetland, plus alteration of bordering land subject to flooding and river front area of the Shawsheen River. Today's Order contains implementation of an already approved plan to restore all wetland resource areas with long term monitoring. Based on the demonstrated financial hardship of the respondent, MassDEP has agreed to completely suspend the Penalty provided full, and documented, compliance is shown for a period of five years.


Date: 1/9/09
municipality: ['Hubbardston']
Text:
  MassDEP issued a Notice of Intent to assess a $26,375 Penalty to Stephen Lowe for Wetlands violations in Hubbardston. Lowe is the developer of property at a sand and gravel operation located off Gardner Road in Hubbardston. At the request of the Hubbardston conservation commission, MassDEP inspected the property and noted violations in wetland resource areas at four locations on the property. No permits had been issued for work within a wetland resource area. MassDEP and Lowe were not able to reach agreement regarding a proposed Consent Order to correct the violations, resulting in the issuance of today's Penalty.


Date: 1/9/09
municipality: ['Hubbardston']
Text:
  MassDEP issued a Unilateral Order to Stephen Lowe of Hubbardston due to Wetlands violations. Lowe is the developer of a property at a sand and gravel operation located off Gardner Road in Hubbardston. Today's Order requires violations to cease including erosion and sedimentation from construction activities that resulted in the alteration of wetland resource areas in four locations on this property. MassDEP had issued an Order in June of 2007, requiring the property owner to stop alteration and hire a specialist to determine the extent of wetland resources areas. However, MassDEP and Lowe were not able to reach agreement regarding a proposed Consent Order. Today's Order outlines the additional work needed in order to bring the site into compliance and establishes a schedule with deadlines for remove the fill, and requires Lowe to follow a plan approved by MassDEP for the restoration of altered wetland resource areas. This action will result in restoration of one-half acre of bordering vegetative wetland and 5,000 square feet of river front


Date: 1/9/09
municipality: ['Sutton']
Text:
  MassDEP issued a Boil Water Order to the Wilkinsonville Water District, a community public water system serving 2,600 customers in Sutton. The contract operator notified MassDEP that all seven of the District's total coliform samples collected in the distribution system and the source (from 1/6/09) confirmed positive for total coliform (bacteria). The entry point sample also confirmed positive for e.coli. These sample locations with the positive results indicated widespread bacteria and not an isolated incident. This system is not routinely disinfected. MassDEP deems this a severe violation for bacteria and the microbiological contamination as a threat to public health. Under today's Order, the District is required to notify persons by hand-delivery, and/or other means, of the need to boil the water until further notice. Further, that it implement emergency disinfection within the distribution system. Additional sampling and corrective actions are required under the direction of MassDEP. These and follow up actions will result in the protection of the District's customers.


Date: 1/8/09
municipality: []
Text:
  MassDEP executed a Consent Order with Tyngsboro Plaza Trust for Water Supply violations at 130 Middlesex Road in Tyngsboro. Tyngsboro Plaza Trust was operating a public water supply without written approval from MassDEP. The Trust owns a commercial plaza which includes a restaurant/tavern and a separate structure that houses several small commercial entities. Today's Order requires Tyngsboro Plaza Trust to fully disconnect the service line from its on-site well, and to connect to the Tyngsboro Water District. Tyngsboro Plaza Trust has since taken the necessary steps to comply with the conditions.1/8/09


Date: 1/7/09
municipality: ['Orleans']
Text:
  MassDEP entered into a Consent Order with Albert Norgeot for Waste Site Cleanup violations at 26 Giddiah Hill Road in Orleans. Norgeot is the owner of the property and failed to comply with cleanup deadlines established in a Notice of Noncompliance. MassDEP identified violations that applied to the Activity & Use Limitation (AUL) at this site. MassDEP notified Norgeot of a sixty-day deadline established for the correction of the violations. Prior to the expiration of this deadline, MassDEP received a request for additional time in order to comply. Today's Order establishes deadlines for completing the necessary tasks required to correct violations.1/6/09


Date: 1/6/09
municipality: ['Westborough']
Text:
  MassDEP executed a Consent Order with an $18,137.50 Penalty involving the Environmental Source Corporation (ESC) for Asbestos violations in Westborough. ESC is a Lawrence-based, licensed asbestos abatement contractor. MassDEP found multiple violations in April of 2008 during an inspection of an on-going asbestos removal project at a residential property located in Westborough. The company is required comply with all applicable regulations in the future and MassDEP has agreed to suspend $8,637.50 provided there are no repeat violations within the next one-year period.


Date: 1/6/09
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with a $19,000 Penalty involving Interstate Container Fitchburg LLC for Industrial Wastewater violations in Fitchburg. During an inspection by MassDEP in June 2008, the company was found to be operating its wastewater pre-treatment system without a licensed wastewater treatment plant operator for the last four years, it failed to have an up-to-date Operation & Maintenance manual, and it failed to have a staffing plan for the system. Under today's Order, the company agreed to comply with applicable regulations.


Date: 1/6/09
municipality: ['Woburn']
Text:
  MassDEP executed a Consent Order with a $10,637.50 Penalty involving Medchem Products, Inc. for Air Quality violations at 160 New Boston Street,in Woburn. In response to air emission information submitted by Medchem (per the need to satisfy a previous requirement settled on 9/17/08), MassDEP determined that Medchem is operating as a small source of VOC's without approval. MedChem agreed to submit the proper application, pay twice the required permit application fee, and pay the administrative Penalty of $10,637.50.1/5/09


Date: 1/5/09
municipality: ['Holyoke']
Text:
  MassDEP entered into Consent Order with a $15,000 Penalty involving Creative Chemicals, Inc, for Solid Waste and Hazardous Waste Management violations at 3 Church Street in Palmer. The company, based in Holyoke, was found to have discharged pollutants to the ground at its former Palmer facility. The violations were discovered during a MassDEP and Palmer Fire Department inspection of the company's on 4/3/07. The company, which terminated its activities in Palmer during the first half of 2006 and moved to Holyoke, had abandoned substantial quantities of chemicals and hazardous wastes. Many of the chemicals and waste materials were in containers and tanks that were not in compliance with the hazardous waste management requirements and were left in a state of disarray through out the facility. As a result of mismanagement of the chemicals and hazardous wastes, as well as not maintaining in good condition an open, in-ground tank located in the basement of the facility, releases of chemicals into the ground had occurred. In addition, many computer/electronic components and Cathode Ray Tubes were disposed of in a dumpster in violation of the solid waste regulations. Immediately after the April 2007 inspection, MassDEP required the company to implement corrective actions which, among other things, entailed compilation of an inventory of the chemicals and hazardous wastes, evaluation of all tanks and containers, consolidation of the materials for proper management, use and/or disposal, and assessment of the facility for potential releases to the environment. In addition to the Penalty, the company has since complied with MassDEP's directives and has taken actions to clean up its former Palmer facility.1/5/09


Date: 1/2/09
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Robert Johnson-Wyman Petroleum for Waste Site Cleanup violations in Chicopee. MassDEP found the gasoline station owner failed to properly undertake and document the completion of response actions and comply with previously sent notices from MassDEP. Previously on 11/1/06, a Notice of Noncompliance (NON) was issued to Mr. Johnson for failure to continue to undertake response actions and submit required reports. A deadline of 12/15/06 was established for completion of required response actions. There was no response by Johnson. On 11/5/08, MassDEP inspected the site and found that a remedial system had operated at the site for approximately two years, and that the system had been shut off sometime in late 2007. The system was still on-site at the time of the inspection, along with eight drums believed to contain remediation waste from previous actions completed in 2005. Violations identified by MassDEP included failure to submit response action plans and status reports and failure to remove remediation waste in a timely manner. In addition to the Penalty, Johnson has now agreed to resolve outstanding violations and agreed to complete the response actions in a timely manner.


Date: 12/30/10
municipality: ['Leominster']
Text:
  MassDEP entered into a Consent Order with a $1,250 Penalty involving World Color Printing (USA) Corporation for Air Quality violations in Leominster. The company is a national commercial printer that has a local facility. MassDEP on 2/16/10 conducted an unannounced inspection, which revealed that the company failed to operate its continuous temperature monitor properly, or conduct its annual catalytic media activity test on its air pollution control equipment, as required by the company's (air quality) plan approval. Under the terms of today's Order, the company will take the necessary steps to return to compliance, pay a $1,250 Penalty. In addition, the company will complete a Supplemental Environmental Project (SEP) worth an additional $3,750. Under this SEP, the company will provide funds for the purchase of toxic-gas monitoring equipment for the Office of Emergency Management in the city of Leominster.


Date: 12/29/10
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty regarding U.S. Petroleum Corporation for Waste Site Cleanup violations at 297 Concord Avenue in Cambridge. Today's Order includes timelines for submittal of a tier two (permit) extension and a final response action outcome statement to return this site to compliance. This site has been in the system since 2001. Under today's Order, U.S. Petroleum Corp. will pay $2,500 with the remaining $22,500 of the Penalty suspended pending compliance. The suspended penalty will come due if U.S. Petroleum Corp. fails to comply with the response action deadlines established. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from the removal of underground storage tanks.12/29/10


Date: 12/28/10
municipality: ['Otis']
Text:
  MassDEP concluded a Consent Order with a $1,790 Penalty involving the town of Otis for Water Supply violations. Specifically, the town failed its responsibility as a public water system at the Otis Recreation Center and for compliance with the Massachusetts drinking water requirements (staffing, operation, emergencies and reporting) at the Otis Municipal Building. The entire Penalty is suspended pending compliance with the outstanding drinking water requirements.12/23/10


Date: 12/20/10
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with a $10,350 Penalty involving John Freeman, as trustee of J F Trust, for Waste Site Cleanup violations at 67 Smith Place in Cambridge. J F Trust is the owner and/or operator of the property which has been subdivided into a residential and an industrial area. JF Trust is building residential properties on the site. The owner excavated in the area of an area delineated under an Activity and Use Limitation. This work was done prior to filing a plan, a so-called release abatement measure with MassDEP. This action is in violation of Waste Site Cleanup violations. Soil was stockpiled on this site in a non secure manner in violation, and stored on site for more than 120 days in violation. Today's Order requires a release abatement measure status reports, proper removal of stock piles and a focused phase two assessment for the residential area with further environmental testing. Under today's Order, the Trust has agreed to pay $8,350 with the remaining $2,000 suspended pending compliance and a stipulated penalty provision for any missed deadlines.12/20/10


Date: 12/17/10
municipality: ['Salisbury']
Text:
  MassDEP entered into a Consent Order with a $2,362.50 Penalty involving Safety-Kleen Systems, Inc. for Hazardous Waste Management violations at 90 Rabbit Road in Salisbury. MassDEP found during a 7/28/10 inspection of its hazardous waste treatment, storage and disposal facility at 90 Rabbit Road the following


Date: 12/17/10
municipality: ['Shrewsbury']
Text:
  MassDEP entered into a Consent Order with a $1,150 Penalty involving Anthony C. Lorusso (d/b/a Lorusso Stone Marble and Granite) for Industrial Wastewater violations in Shrewsbury. Lorusso Stone Marble and Granite was found to be discharging industrial wastewater to the ground in noncompliance with requirements/regulations. Today's Order establishes a series of options to be taken by the facility to return to compliance; after applying the Small Business Policy, a penalty of $1,150 was reached. Today's Order also contains a stipulated penalty provision for any future violations. This action will help ensure compliance with environmental regulations.


Date: 12/16/10
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with a $34,580 Penalty involving Julia A. Martino and Robert W. James as trustees of Consolidated Equipment Realty Trust. The Trust owns the property at 101 Rear Foster Street in Peabody where Waste Site Cleanup violations were found, specifically


Date: 12/14/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $34,150 Penalty for Wetlands violations involving Michael McDonald at 26 Conte Drive Methuen. In response to a request from the Methuen Conservation Commission, MassDEP staff inspected the site and observed that cutting of trees, grading and filling with wood chips at the site had altered approximately 5,000 square feet of bordering vegetated wetland (BVW) within estimated rare wildlife habitat and approximately 5,000 square feet of riverfront area. Today's Order requires full restoration of altered BVW and riverfront area with long-term monitoring. McDonald has agreed to pay $1,500 with the remaining $33,650 suspended pending compliance.12/14/10


Date: 12/9/10
municipality: ['Williamstown']
Text:
  MassDEP issued a Declaration of a Water Supply Emergency for the property at 1561 Cold Spring Road Operating Company, LLC of Williamston (d/b/a/ Sweetbrook of Williamstown). MassDEP issued the Declaration in response to a request to increase use of one of its non-conforming sources. The request was made to provide sufficient water to the community public water system serving an elderly population. Arsenic was reported at levels of concern in two other primary wells serving the facility. The Order also allows the temporary use of bulk or bottled water to meet the system's needs.12/8/10


Date: 12/7/10
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with the city of Somerville for Waste Site Cleanup violations involving the former Kiley Barrel site at 20-22 Prospect Street in Somerville. Specifically, MassDEP executed a second amendment to an existing Administrative Consent Order with the City of Somerville and the Somerville Redevelopment Authority, owners of 20-22 Prospect Street related to waste site cleanup violations. The amendment was issued to extend the deadline for submittal of a phase four or remedy implantation plan report until 5/25/11, and to extend the deadline for submittal of a final response action outcome, or remedy operation status by 5/25/12.12/7/10


Date: 12/7/10
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $5,175 Penalty involving Hardwick Board of Sewer Commissioners for Water Pollution Control violations in Hardwick. Today's Order addresses the discharge of raw sewage to the Ware River from a break in the force main between the main pump station and the wastewater treatment plant. The force main has been the site of previous breaks and the subject of a prior Consent Order with MassDEP that had required a study of the town's wastewater infrastructure. Today's Order requires the upgrade of a pump station, replacement of segments of the force main and other collection system improvements. The entire penalty is suspended provided the improvements are made.


Date: 12/6/10
municipality: ['Easton']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Easton MHC, LLC, for Water Pollution Control violations in Easton. Easton MHC, LLC is the owner of a 122-unit manufactured home community in Easton which is served by a permitted wastewater treatment facility. Easton MHC LLC violated MassDEP's groundwater discharge permit regulations and terms. Today's Order requires Easton MHC to perform an Infiltration & Inflow investigation to assess the integrity and water tightness of the sewage collection system and treatment works and implement any necessary corrective measures. In addition, Easton MHC must update its operation & maintenance manual; and, submit as-built plans of the current wastewater treatment facility and the disposal field. Finally Easton MHC will submit engineering design plans to bring the disposal field into compliance with the permit and complete the necessary improvements to the disposal field.


Date: 12/6/10
municipality: []
Text:
  MassDEP entered into a Consent Order with the city of Easthampton for Water Supply violations in Easthampton regarding multiple violations of the total coliform (bacteria) rule within a 12-month period. Today's Order includes submittal of a tank inspection and alternatives report and response requirements should another total coliform rule violation occur on or before 11/30/11.


Date: 12/3/10
municipality: []
Text:
  MassDEP issued a Unilateral Order to Trent H. Davis for Asbestos violations at 119 East Street in North Attleboro. MassDEP requires that Davis, as owner and property manager of the site, cease and desist from any additional asbestos removal and/or handling activities at or associated with 119 East Street in North Attleboro. On 11/24/10 MassDEP inspected a three apartment building and the basement, where a boiler and heating pipes covered with asbestos containing thermal insulation were demolished in noncompliance of the MassDEP regulations. Immediately upon the effective date of today's Order, Davis has been ordered to cease and desist from all asbestos abatement activities, seal all windows, doors, stairwells and the HVAC system returns and remove any visibly damaged asbestos containing material debris in accordance with applicable regulations.


Date: 12/2/10
municipality: ['Wareham']
Text:
  MassDEP entered into a Consent Order with Robertson's GMC Truck, Inc. for Groundwater Discharge violations in Wareham. MassDEP determined in July 2010 after a site inspection that Robertson's had a floor drain from the vehicle wash bay/service area that was discharging to an oil/water separator and ultimately to a leach field. Robertson's has agreed to an aggressive schedule to close out this unauthorized underground injection control well (the leach field) and complete an assessment of the discharge area.


Date: 12/2/10
municipality: ['Seekonk']
Text:
  MassDEP entered into a Consent Order with the town of Seekonk Department of Public Works for Waste Site Cleanup violations at 871 Taunton Avenue in Seekonk. Specifically the DPW failed to submit a revised final response action outcome statement, or alternate outcome statements by 2/22/10. Additional compliance activities are necessary to address a release of diesel fuel that occurred at the DPW garage at 871 Taunton Avenue. Today's Order establishes timelines for future submittals for compliance with the regulations.12/2/10


Date: 12/2/10
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with the PDK Worldwide Enterprises, Inc. regarding Waste Site Cleanup violations at the (former) Westrex OEM Products at 51 Penn Street in Fall River. Specifically, MassDEP found a failure to comply with the deadlines established in a Notice of Audit Findings/Notice of Noncompliance (NON). In that Notice, MassDEP identified violations of the requirements associated with the final response action outcome statement submitted for this site. The violations were found as a result of a comprehensive audit by MassDEP. A sixty day deadline was established for the correction of these violations. Prior to the expiration of this deadline, MassDEP received a request from PDK Worldwide Enterprises, Incorporated for additional time to address these violations. Today's Order establishes the framework to correct the violations.


Date: 12/2/10
municipality: ['Plymouth']
Text:
  MassDEP entered into a Consent Order with a $26,000 penalty with Plymouth Water Company, a private water company supplying water to the Ponds of Plymouth development, for violations of the Water Management Act. PWC holds a (water management) permit to withdraw 220,000 gallons per day. PWC has been exceeding this authorized water withdrawal volume. Today's Order requires the respondent to initiate a rate case with the Massachusetts Department of Public Utilities and submit annual water use reports to the MassDEP.12/1/10


Date: 11/30/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $55,000 Penalty involving the Commonwealth of Massachusetts-Department of Conservation and Recreation (DCR) for Wetlands violations at Winthrop Beach. The violations took place within Winthrop Shore Reservation on Winthrop Shore Drive in Winthrop. On the way to another site inspection MassDEP staff observed two unoccupied front-end loaders sitting on the beach/dune with small piles of sand in front of each bucket. Upon further investigation, MassDEP discovered that MassDCR machines had been deployed to perform work prescribed as part of a valid Order of Conditions that authorized a vegetation management plan. This plan was meant to control invasive species to improve and restore dune functions. However, it was also discovered and confirmed at a later site inspection with DCR representatives that the work was conducted in non-compliance with the provisions of the approved plan and without the proposed and required supervision. The work actually performed included machine excavation and vegetation removal of 143,076 square feet (approx. 3.28 acres) of 'coastal dune' beyond that originally proposed and not specifically authorized. Portions of this removal were within actual rare wildlife habitat. Also, MassDEP discovered during the investigation that DCR has historically and regularly performed grading and other "clean up" of the bathing beach portion of Winthrop Reservation without having first filed notification or receiving any authorization. Today's Order requires full restoration and enhancement of the 'coastal dune' functions including rare wildlife habitat, and long-term monitoring. Additionally, DCR is required to file a Notice of Intent by no later than 12/31/10, and receive the proper final order of conditions that will authorize all regular beach maintenance activities, including the recreation/bathing beach, prior to performing any such activities. The full $55,000 has been suspended in the document DCR remains in compliance with the terms of this Order until 11/30/14.


Date: 11/28/10
municipality: ['Charlemont']
Text:
  MassDEP issued a Declaration of Water Emergency to Woodland Park, Inc. in Charlemont. The Park has agreed to address a water shortage at this small community public water system. The Declaration allows the public water system to use bottled water or approved bulk water to meet its needs with conditions while the facility addresses its well and pump problem.


Date: 11/24/10
municipality: ['Chelsea']
Text:
  MassDEP penalized Webster Block LLC $12,945 for Waste Site Cleanup violations at 400 Eastern Avenue in Chelsea. The company failed to report contaminants discovered during an environmental assessment it undertook at a Chelsea property in 2006. Webster Block LLC purchased the property at 400 Eastern Avenue in Chelsea on December 29, 2006. The company is building a 120-unit residential apartment complex on the site. Webster Block notified MassDEP of the elevated levels of petroleum and metals on 8/27/10. MassDEP subsequently learned that Webster Block received a subsurface assessment of this contamination in soil as early as December 2006, but failed to file notification within 120 days as required. Today's order requires an assessment report, a risk characterization and confirmation that there are no contaminant exceedences in the area of the footprint of the building, along with a description of any cleanup actions deemed necessary to ensure the eventual achievement of no significant risk for the entire site. Webster Block will pay $8,000 of the penalty, and MassDEP has agreed to suspend the remaining $4,945 provided the terms of the cleanup plan are met. However, there is a stipulated penalty provision for any missed deadlines. A timely cleanup of the site will ensure that contamination does not impact nearby properties or the public health.


Date: 11/24/10
municipality: ['Billerica']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Baker Commodities, Inc. for Wetlands violations at 134 Rear Billerica Avenue in Billerica. MassDEP became aware of the violation as the result of the Wetland Change Initiative review of aerial photographs. A staff site inspections confirmed that approximately 2,000 square feet of bordering vegetated wetland (BVW) had been altered by grading and the deposition of stumps, soil and rock materials. Similar activity had also been performed in the buffer zone to the BVW. There had been no prior notification filings regarding this work, and no authorization given for this activity. Today's Order requires full restoration of BVW, removal of materials and stabilization within 20 feet of the BVW and long-term monitoring. The company has agreed to pay $5,000 of the Penalty with the remaining $4,000 suspended pending compliance and issuance of a return to compliance letter.11/24/10


Date: 11/22/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty involving Morrison Construction for Air Quality and Solid Waste violations in Palmer. Following receipt of a report from the Palmer Fire Department regarding open burning of material at a gravel pit in Palmer, MassDEP conducted an inspection which revealed open burning of demolition debris constituting violations of both air pollution control and solid waste management regulations. Morrison, who cooperated with MassDEP during the investigation, immediately addressed the noncompliance issues at the burn location by removing the burnt debris. As part of a settlement agreement, Morrison agreed to pay $3,000 of the Penalty. An additional $4,000 will be suspended pending the company's compliance with the agreement.11/19/10


Date: 11/19/10
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with Tantasqua/Union 61 School District for Water Supply violations in Brimfield. The 61 School District operates a public water system at Brimfield Elementary School. Today's Order addresses the repeat violations of the Maximum Contaminant Limit for total coliform and the actions the District is taking, and will take, in response to any future violations.11/18/10


Date: 11/17/10
municipality: ['Tisbury']
Text:
  MassDEP entered into a Consent Order with R.M. Packer, for Waste Site Cleanup violations at its 84 Beach Road facility in Tisbury. The company failed to comply with deadlines established in a MassDEP notice of noncompliance. MassDEP identified the violations as failure to implement selected feasible remedial alternatives in a timely fashion and failure to submit a final response action outcome for this site within the regulatory timelines as described in state cleanup regulations. In MassDEP's notice of audit findings/notice of noncompliance, a sixty-day deadline had been established for submittal. 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: 11/17/10
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $60,000 Penalty Chase Home Finance LLC, for Waste Site Cleanup violations in Worcester. The company failed to comply with an existing Consent Order on 6/1/09 wherein it would hire a Licensed Site Professional (LSP) to oversee and conduct an Immediate Response Action (IRA) in accordance with MassDEP approval. The company failed to meet minimum requirements for this IRA assessment, failed to submit a release notification form (RNF) to MassDEP within 60 days, and failed to submit a written IRA Plan to MassDEP within 60 days following a sudden release of fuel oil in the basement of a foreclosed residence. According to the terms of the agreement, Chase was to hire an LSP within 5 days of the effective date and conduct an IRA assessment, and submit the required IRA plan and RNF within 30 days of the effective date. Chase hired an LSP and submitted the RNF and IRA, but failed to perform the actions in the proposed IRA plan. Under the terms of today's Order, Chase has agreed to pay a stipulated Penalty of $60,000 for failing to comply with the previous Order from 2009, and agreed to conduct the actions proposed within the IRA plan. Chase has now conducted the required actions at the site and filed a final response action outcome statement for the site as of 6/4/10.


Date: 11/17/10
municipality: ['Middleborough', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $45,412.50 Penalty regarding Costello Dismantling Company, Inc., and J.H. Lynch & Sons, Inc. for Asbestos violations in Worcester. MassDEP found that both the Costello Dismantling Company, Inc. of Middleborough, Massachusetts, and J.H. Lynch & Sons, Inc. of Cumberland, Rhode Island, had violated MassDEP's Asbestos regulations as noted during a November 2008 inspection of a construction project being conducted in Worcester. During the inspection, MassDEP observed multiple portions of concrete duct banks containing asbestos conduit which had been excavated, broken, and piled, uncontained, at the work site. Under the terms of today's Order both companies committed to complying with all applicable regulations in the future, as well as to paying the $45,412.50 Penalty.


Date: 11/17/10
municipality: ['Burlington', 'Maynard']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving Dimopoulos Realty Trust for Waste Site Cleanup violations at 170 Main Street in Maynard. The Dimopoulos Realty Trust of Burlington, Massachusetts, was found to have violated the regulation at Jimmy's Garage located at 170 Main Street in Maynard. Violations included failing to conduct an Immediate Response Action (IRA) and submit the IRA status reports. Further, the Trust failed to meet additional response action deadlines. Today's Order, in addition to the Penalty, requires the submittal of either phase two through phase four reports pertaining to the cleanup, or the submittal of a final response action outcome by no later than 2/6/11.


Date: 11/17/10
municipality: ['Charlton']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty involving the Southbridge Savings Bank for Waste Site Cleanup violations at 288 Stafford Street in Charlton. The Southbridge Savings Bank violated state cleanup regulations at the aforementioned property by failing to provide notification to MassDEP within 72 hours of its knowledge of the existence of on-site contamination concentrations greater than state standards located within 500 feet of private water supply. The release occurred from a leaking above-ground storage tank at a residence owned by the Southbridge Savings Bank. Under the terms of today's Order, the Bank has agreed to the $4,000 Penalty.


Date: 11/17/10
municipality: ['Oxford']
Text:
  MassDEP entered into a Consent Order with a $26,275 Penalty regarding the Tri-State Group, Inc. for numerous environmental violations in Oxford. The Tri-State Group, Inc. had discharged industrial wastewater to the ground, and eventually to the nearby wetlands on the property, a Wetlands and Industrial Wastewater violation. In addition, Solid Waste was disposed of improperly on the property, and the company failed to comply with numerous Hazardous Waste Management requirements. Today's Order requires the company to pay $2,000 of the Penalty with the remaining $24,275 suspended as the company went out of business. This action will help to ensure companies who comply are not undercut by those companies that violate the law and ensure compliance with environmental regulations that protect the Commonwealth's water, air and soil from contamination.


Date: 11/15/10
municipality: ['Millbury', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $12,000 Penalty regarding the Providence and Worcester Railroad Company for Waste Site Cleanup violations in Worcester. The violations occurred following a release of 1,600 gallons of diesel fuel that occurred from a 2,000 gallon diesel fuel tank on a locomotive. On 11/29/09, a locomotive traveling northbound struck a derail device that had been placed on the tracks by unidentified vandals near the 'Shoppes at Blackstone Valley' in Millbury. The train continued approximately four (4) miles to the P&W Railroad Engine House located at 382 Southbridge Street in Worcester. At that point, approximately 300 gallons of the 1,600 gallons on board were recovered in a containment area. The difference, approximately 1,300 gallons of diesel fuel, was released along and onto the track, the ballast, the railroad ties, and underlying soil areas. P&W notified MassDEP of this release on 11/30/09 8


Date: 11/15/10
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty regarding Jeffrey Bober for Air Quality and Solid Waste violations at a College Highway location in Southwick. On 3/1/10, MassDEP noticed open burning being conducted in the rear of this site. Southwick Fire Department and MassDEP personnel confirmed that Bober had a permit from the fire department to burn brush on 2/28/10, but the open burning continued on 3/1/10 and 3/2/10, and included stumps, pallets, furniture, plastics and fiberglass, items not allowed under his local burn permit. As part of today's Order, Bober has agreed to pay $1,500 with the remaining $1,500 suspended pending Bober's compliance with the agreement.11/15/10


Date: 11/9/10
municipality: ['Tewksbury']
Text:
  MassDEP issued a Unilateral Order to Ames Hill Development, LLC ("Ames Hill") for Wetlands violations on its property near Catamount Road in Tewksbury. Ames Hill is the developer for the Catamount Road extension portion (a/k/a phase one) of the Ames Run Cluster Subdivision. While conducting an inspection on property nearby, MassDEP staff observed heavy turbidity within a series of intermittent streams, and eventually entering Ames Pond due to silt and sediment discharging from a large detention basin serving the subdivision. Also, MassDEP observed areas of significant silt and sediment had been deposited within the streams (on Bank) and within associated Bordering Vegetated Wetlands. Today's Order requires Ames Hill to immediately cease-and-desist any and all discharge of silt or sediment from the site to any areas subject to the jurisdiction of the Wetlands Protection Act. Secondly, to immediately implement any and all measures necessary to stabilize the entire site to prevent erosion and the discharge of silt or sediment and to prevent further sedimentation downstream. Finally, by 11/30/10 conduct and a comprehensive analysis, and submit a written plan that addresses all the Operation and Maintenance Plan deficiencies and/or stormwater infrastructure failure(s) that have been identified as the cause(s) or possible cause(s) of the observed siltation and sediment. MassDEP must also authorize any further corrective actions and implementation of the approved plan prior to implementation.


Date: 11/9/10
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $16,050 Penalty involving Patrick McKenna individually and as trustee of Olive Street Nominee Trust for Asbestos violations at 205 Everett Street in Boston. MassDEP inspected the sit in response to a complaint from the city concerning possible demolition of a building without having removed asbestos containing materials. During the inspection MassDEP observed asbestos containing materials mixed with demolition debris on the ground and around the foundation at the site. McKenna will pay $4,000 and $12,050 will be suspended pending compliance over a period of one year. MassDEP's small business policy was utilized in reaching this settlement.11/9/10


Date: 11/8/10
municipality: ['Huntington']
Text:
  MassDEP issued a Unilateral Order to the US Army Corps of Engineers-New England for Water Supply violations at its public water system in the Knightville Dam Recreation Area of Huntington. The Picnic Area distribution system and source were contaminated with coliform bacteria and e. coli bacteria. Today's Order requires specific actions to correct significant deficiencies and/or provide appropriate treatment, as well as public notification, prior to the opening of the 2011 season.


Date: 11/8/10
municipality: ['Hinsdale']
Text:
  MassDEP was notified that Peter Gallant pleaded guilty in Berkshire Superior Court to two counts of violation of the notification requirement of a release or threat of release of oil or other hazardous material; and, to two counts of illegal disposal of hazardous waste and two counts of discharge of waste without a permit. Judge Agostini continued the charges without a finding for one year on the condition that Gallant pays a $5,000 fine. The charges stem from a MassDEP Environmental Strike Force investigation into the spill of approximately 20 to 40 gallons of diesel fuel at the Hinsdale DPW yard on 4/22/09. Gallant, at that time, was the Director of Public Works for the town. The case was handled by the Berkshire District Attorney's office on behalf of MassDEP.11/5/10


Date: 11/4/10
municipality: ['Milton']
Text:
  MassDEP entered into a Consent Order with a $17,050 Penalty involving the Professional Flooring Corporation, for Asbestos violations at 30 Curtiss Road in Milton. MassDEP personnel inspected 30 Curtiss Road in Milton, in response to a request to waive the asbestos regulations 10-day notification requirements. During the inspection MassDEP personnel determined that asbestos containing material had been improperly removed and placed outside in a roll-off container by the company. Professional will pay $4,000 of the Penalty with the remaining $13,050 suspended for a period of one year. In addition, Professional will have five of its employees complete an approved training course for "Asbestos - Associated Project Workers" within 90 days. MassDEP utilized the small business policy in reaching this agreement.11/3/10


Date: 11/3/10
municipality: ['Hadley']
Text:
  MassDEP issued a Unilateral Order to Joan Wanczyk - d/b/a River Drive Excavating - for Wetlands violation in Hadley. MassDEP found an active filling of floodplain (bordering land subject to flooding) at River Drive's property adjacent to the Connecticut River. MassDEP inspected this location in response to a request for assistance from the conservation commission in the town of Hadley and observed that a substantial area of fill (approximately 1080 cubic yards) had been placed in BLSF. Disposition of this fill without first filing a Notice of Intent and/or obtaining approval for such actions is a violation of Massachusetts General Laws, and the state's wetland regulations. Today's Order requires that River Drive cease and desist immediately from further work within the BLSF and submit a written report describing the extent of fill within the BLSF.11/2/10


Date: 11/1/10
municipality: ['Andover']
Text:
  MassDEP issued a Unilateral Order to Columbia Construction Company for Wetlands violations at 310 Lowell Street in Andover. MassDEP issued a cease and desist Order to the company during construction work at the location, which includes an existing Internal Revenue Service building. Columbia had been performing construction on the building and parking lot. As the result of a complaint received by MassDEP, the site was inspected and found that an intermittent stream is piped and flows under the site through a 24-inch culvert. It was observed that that the water discharging from the culvert was significantly turbid and flowing downstream to wetlands and eventually into Fish Brook (designated a class "A" stream and resource water). Silt deposited from the turbid stream resulted in alteration to more than 5,000 square feet of stream and bordering vegetated wetland. It was determined that the sediment causing the turbidity originated and was entering the culvert from someplace beneath the construction site. Today's Order requires that Columbia immediately cease and desist any and all activity that may be causing water quality degradation to Fish Brook and sedimentation to any wetland resource areas on and/or off the site. Second, Columbia must install and monitor a silt barrier immediately downgradient of the 24-inch pipe, across the drainage channel, to prevent further sedimentation downstream and perform an analysis of the 24-inch drainage pipe, which shall include but is not limited to a visual survey, to determine the integrity of the pipe. Finally, by no later than 11/30/10, Columbia must submit a written plan to address any pipe deficiencies or failure(s) that have been identified as the cause(s) or possible cause(s) of the siltation. MassDEP must review and authorize any further corrective actions prior to implementation. Additional enforcement action is possible.


Date: 11/1/10
municipality: ['Cambridge', 'Chelsea', 'Lawrence', 'Waltham']
Text:
  MassDEP Environmental Strike Force (ESF) was notified by the Massachusetts Office of Attorney General of the following resolution involving the company, Jayco. Initially, the Cambridge police began the investigation into a case involving payment by several municipalities to defendants for services that were never provided. Cambridge officials called MassDEP's ESF with suspicions that Jayco was not dumping municipal street sweepings at an authorized landfill, as it had contracted to do, but rather was bringing the sweepings to its own facility in Waltham and also commingling it with other waste. ESF investigation found that in fact, the solid waste was not going where defendants claimed. ESF also learned that other municipalities were being victimized. As a result of this ESF investigation, indictments were handed down and defendants subsequently pled 'guilty' to solid waste and "false claims" charges stemming from the fabrication of documents and invoices that were sent to the cities of Cambridge, Lawrence and Chelsea for waste disposal services and for dumping solid waste at unpermitted waste facilities. The company, Jayco, was ordered to pay $100,000 in fines, put on probation for three years, and is barred for bidding on public contracts.11/1/10


Date: 11/1/10
municipality: ['Sutton']
Text:
  MassDEP was notified by the Massachusetts Office of Attorney General that the Bay State Construction Inc. had paid a civil penalty of $12,500 for violations of the Solid Waste Act as the result of the illegal disposal of catch basin cleanings at private property in Sutton, Massachusetts. In addition, the defendant agreed to remove all solid waste from the Sutton site, including historic solid waste. An additional $12,500 of the Penalty will be suspended upon full compliance with clean up order. The defendant will also pay a $10,000 Penalty for violations of the False Claims Act for invoicing the Commonwealth and receiving payment for the illegal disposal of the catch basin cleanings despite the explicit language in the contract that required proper disposal.


Date: 11/1/10
municipality: ['Danvers']
Text:
  MassDEP was notified by the Massachusetts Office of Attorney General that following a multi-agency investigation and enforcement case, settlement agreements and penalties had been issued by both the Commonwealth and the federal EPA in a case involving illegal dredging permit violations, and threatened clam beds. The case started with a call to the Environmental Strike Force (ESF) hotline regarding allegations of illegal dredging activities. Investigation revealed that, while completing a large maintenance dredging project for the town of Danvers, Cashman Dredging and Marina violated a host of federal and state laws (Chapter 91, Wetland Protection Act, and Water Quality Certification regulations) by dredging and disposing of dredged materials in unauthorized areas, including sensitive coastal and marine habitat. Defendant settled with the Commonwealth for $25,000 with an agreement to pay for and install new moorings that will further protect marine habitat.


Date: 11/1/10
municipality: []
Text:
  MassDEP entered into a Consent Order with an $18,000 Penalty involving Wael Kefel, a licensed auto emission inspector, for conducting fraudulent vehicle emission inspections in 2009. Kefel admitted to conducting the fraudulent inspections. Based upon an inability to pay, Kefel has agreed to pay $1,500 and the remaining $16,500 will be suspending pending compliance with the ACOP. Additionally, Kefel signed a License Surrender Agreement with the Registry of Motor Vehicles (RMV) in which he agreed to surrender his Motor Vehicle Safety and Emissions Inspector License thereby prohibiting him from conducting any safety and emissions inspections in the future.


Date: 10/29/10
municipality: ['Millville']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving John Polny, the owner of Factory Auto Recycling, for Solid Waste violations in Millville. MassDEP determined that Polny received construction and demolition materials at his 166 Lincoln Street, Millville facility in 2008. Polny has agreed this facility will either apply for a Beneficial Use Determination (BUD) to crush the material and recycle steel mixed with it, or properly dispose of the solid waste at a permitted facility. Today's Order provides a schedule for the submission of the BUD application or disposal, and requires Polny to submit an affidavit explaining the source of the material, the identity of the generator, and the hauling company. Today's action will result in the proper treatment or disposal of the construction and demolition materials.


Date: 10/29/10
municipality: []
Text:
  MassDEP has entered into a Consent Order with an $18,000 Penalty involving Flaw, Incorporated (d/b/a Recycle Oil Company, of Pennsylvania) for Hazardous Waste Management violations at three facilities in Massachusetts. As a result of an investigation in late 2009 and early 2010, MassDEP determined that the company had, on multiple occasions, transported Specification Used Oil Fuel (SUOF) to three facilities without having obtained a transporter's license from MassDEP. In addition to the Penalty, the applicant has agreed to submit an application for a Hazardous Waste transporter license and has done so.


Date: 10/29/10
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $6,150 Penalty involving Champion City Recovery for Solid Waste violations in Brockton. Champion City Recovery was found to have accepted waste at its Brockton facility at a rate in excess of its permitted daily tonnage. Under today's Order, in addition to the Penalty, Champion City Recovery has agreed to submit a written response describing the actions they intend to implement to ensure the approved waste intake limits are not exceeded.


Date: 10/29/10
municipality: ['Fall River']
Text:
  MassDEP entered into a $65,546 Penalty involving Browning Ferris Industries/Fall River Landfill for Air Quality violations at its facility in Fall River. MassDEP determined that BFI exceeded emissions of sulfur dioxide (SO2) and hydrogen sulfide (H2S) from the burning of landfill gas at this facility in violation of regulations. In addition to the Penalty, the facility has agreed to install a landfill gas pre-treatment (sulfur scrubbing) system, to address the violations.


Date: 10/26/10
municipality: ['Granby']
Text:
  MassDEP entered into an Amended Consent Order with Bachelor Knolls, Inc. for Water Supply violations in Granby. MassDEP concluded the Amendment regarding the deadline for compliance with storage and/or a second source of water. Bachelor Knolls is a very-small community system serving a neighborhood in the town of Granby.10/26/10


Date: 10/26/10
municipality: ['Rockland']
Text:
  MassDEP entered into a Consent Order with a $2,635 Penalty involving EMD Serono Research Institute, Inc. for Hazardous Waste Management violations in Rockland. EMD Serono submitted a self-disclosure letter to MassDEP after the company conducted an audit at its facility. The letter disclosed that EMD Serono generated more hazardous waste in 2008 than allowed by their registered status and had accumulated waste in a satellite container larger than allowed by state regulations. In addition to coming into compliance, today's Order requires EMD Serono to pay $2,635 (representing avoided annual compliance fees) that would have been applicable to this facility as a large quantity generator of Hazardous Waste.10/22/10


Date: 10/21/10
municipality: ['Mashpee']
Text:
  MassDEP entered into a Consent Order with a $7,000 Penalty involving MEZ Realty Inc. for Water Supply violations at Lakeside Estates, a 90-unit manufactured housing park at 300 Nathan Ellis Highway in Mashpee. MEZ Realty has had repeated violations of the Drinking Water Regulations relative to its failure to maintain minimum residual water pressure. MEZ Realty operates as a public water supplier. Today's Order requires the respondent to complete the installation of the 125 feet of water distribution pipe by 12/1/10. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance.


Date: 10/20/10
municipality: ['Essex']
Text:
  MassDEP entered into a Consent Order with Nieberle's Service Station for Waste Site Cleanup violations at 8 Main Street in Essex. Ernest Nieberle, owner of Nieberle's Service Station, failed to meet deadlines for the cleanup of this site. Under today's Order, Neiberle has agreed to a timeline for submitting a phase two (comprehensive site assessment) report, a phase three (remedial action) plan and a phase four (remedy implementation) plan. Today's action will ensure the cleanup of this site, which has been listed in the waste site cleanup system since 2005.10/19/10


Date: 10/18/10
municipality: ['Brockton', 'Springfield']
Text:
  MassDEP entered into Consent Order with a $40,000 Penalty involving First Student Inc. for Bus-Idling violations in Massachusetts. First Student is one of the largest school bus operators in the state. The Massachusetts Registry of Motor Vehicles (RMV) reports that approximately 9,000 school buses are registered in state and that First Student owns or operates 2,194 of the state's school buses and supervises the drivers. MassDEP conducted targeted unannounced inspections at public schools across the state in the fall of 2008 and spring of 2009, and found numerous incidents of excessive idling in Springfield, Brockton, South Boston, Dorchester, Roxbury and Roslindale. In addition to paying the Penalty, the company also agreed to train all employees who operate, maintain and supervise operation of buses about state idling restrictions; post "no idling" signs at all First Student locations; install geographic positioning system-equipped Focus Units on at least 75 buses to monitor their idling and transmit reports to MassDEP; direct First Student managers to conduct ongoing walk-through of company parking lots to monitor bus operations. In addition First Student has agreed to pay a stipulated penalty of $2,000 if any future violations occur.10/15/10


Date: 10/15/10
municipality: ['Hopedale']
Text:
  MassDEP entered into a Consent Order with a $6,325 Penalty involving FSP Health Corporation for Surface Water Discharge violations in Hopedale. MassDEP found the violations occurred at the Continuing Care Center at 325 Main Street in Hopedale. MassDEP inspected the facility in response to a complaint, and determined that the subsurface disposal system serving this facility was in failure. Inspectors observed sewage breaking out on to the ground surface and flowing into the Mill River. Under the terms of today's Order, the facility owner agreed to construct a replacement on-site disposal system in compliance with state regulations, and to abandon the existing system. Until this is accomplished, the owner has agreed to seal the existing septic tank outlet and operate it as a holding tank. Today's action will provide for the proper treatment of approximately 9,900 gallons per day of wastewater.


Date: 10/15/10
municipality: ['Ayer']
Text:
  MassDEP entered into a Consent Order with a $16,171.88 Penalty involving United Water Environmental Services, Inc. for Air Quality violations at Devens/Ayer. Specifically, MassDEP found a failure to notify by United Water following a release of chlorine gas to the environment from a compressed gas cylinder. The Shabokin Well house water treatment facility is located at 100 Patton Road in Devens. The public water system (PWS) treatment plant utilizes a 150-pound compressed chlorine gas cylinder to chlorinate water prior to discharge to the distribution system. The release occurred from a leak at the cylinder/regulator line connection to the feeding system. Approximately 56 pounds of chlorine gas were released to the atmosphere when a chlorine gas cloud made its way outside the building. The Devens Fire Department responded to stop the release, which directed down-wind (2,190 feet away). The Federal Bureau of Prisons was advised to take all occupants inside for shelter in place as a precaution. The release occurred at 7


Date: 10/15/10
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with Arthur Petren as Trustee of Petren Brothers Realty Trust for Waste Site Cleanup violations at 115 Congress Street in Lowell. Today's Order includes a timeline for submittal of a (final) response action outcome statement to return the site to compliance. This site has been in the system since 2003. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil that emanated from two underground storage tanks.10/14/10


Date: 10/13/10
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $10,440 Penalty involving Verizon New England Inc. for Asbestos violations in Westfield. Based on a complaint, MassDEP inspected the site and determined that asbestos transite pipe owned by Verizon was being mis-handled. MassDEP conducted an inspection at the site of the Westfield Great River Bridge Project. MassDEP found Verizon's contractor was using a hydraulic excavation hammer to pound on a steel plate placed on a duct bank to break the concrete and free the transite conduits within the duct bank. During this process, significant breakage and crushing of the transite (asbestos) conduits occurred. However Verizon's contractor continued this activity. Verizon then fully cooperated with the MassDEP and promptly engaged a licensed asbestos contractor to remove the asbestos that had already been damaged and/or excavated at the site. Moving forward, Verizon has agreed it will ensure that environmental processes will be implemented to prevent similar violations of the asbestos regulations from recurring in the future. Verizon has also agreed to pay $8,700 of the Penalty, and MassDEP has agreed to suspend the remaining $1,740 pending compliance during a one-year probationary period.10/13/10


Date: 10/13/10
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with Mount Auburn Hospital for Waste Site Cleanup violations at 330 Mount Auburn Street, in Cambridge. Today's Order includes timelines for submittal of an immediate response action (status) report, a phase two (comprehensive site assessment) report and a phase four (remedy implementation) plan to return the site to compliance with state regulations. This site has been in the system since 2005. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from a leak below the boiler room of the hospital.10/13/10


Date: 10/12/10
municipality: ['Melrose']
Text:
  MassDEP entered into a Consent Order with a $12,937.50 Penalty involving the city of Melrose for Water Pollution Control violations. Melrose violated surface water quality regulations at Ell Pond due to the discharge of illicit sources of wastewater. MassDEP has agreed to fully suspend the Penalty, pending completion of work to address the illicit connections and the water quality issues. The required work includes connecting the known illegal or illicit connections to the municipal sewer system, and conducting inspections, testing and sealing of sewer lines, sampling and confirmation of improvement in surface water quality.10/7/10


Date: 10/5/10
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving the estate of Joseph Cappadona for Waste Site Cleanup violations at 41 Amory Street in Roxbury (Boston). The Estate is the owner and/or operator of a junk yard at 41 Amory Street where violations involved the failure to meet deadlines set out in a notice of noncompliance dated 7/27/09. Today's Order requires a tier two (cleanup permit) extension by 10/30/10. Thereafter, additional cleanup measures including a phase four (remedy implementation) report by 6/30/11, with a final response action outcome statement by 1/30/12. The Estate has agreed to pay $4,500 of the Penalty, while MassDEP has agreed to suspend $25,500 pending compliance. There is a stipulated penalty provision for any missed deadlines.10/5/10


Date: 10/4/10
municipality: ['Sturbridge']
Text:
  MassDEP issued a Unilateral (cease-and-desist) Order to Andre and Virginia St. Laurent for Wetlands violations at 152 Main Street in Sturbridge relative to tree harvesting and land clearing activities. Following a request for assistance from the Sturbridge Conservation Commission, MassDEP inspected the area and observed that the activities were occurring within the buffer zone of a wetland resource area. No permits had been issued for this work. The con-com had previously issued an enforcement order for unauthorized work occurring in the wetlands without the owners having applied for an approval. Today's Order requires the owners to stop work, implement erosion control measures to stabilize soils at the site, and, hire a wetlands specialist to delineate the wetland boundaries on the property. Further, this work must evaluate the extent of impact, if any, to adjacent wetland resource areas, and submit a report to MassDEP. This action will stop any further wetland resource area damage, and result in the stabilization of the site. Additional enforcement including the assessment of a civil administrative penalty is anticipated.


Date: 10/4/10
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with a $28,100 Penalty involving Gurmit Singh and Rajinder Kaur for Asbestos violations at 19 Kent Court in Somerville. MassDEP inspected the property after a solid waste facility reported rejecting a load of demolition debris from the site due to contaminated asbestos. Upon arrival at the site MassDEP personnel observed that a garage had been demolished which had been covered with asbestos cement shingles. These asbestos shingles had not been removed prior to demolition as required by the regulations. As a result of the violations observed by MassDEP, Singh and Kaur have agreed to pay $500 of the Penalty with $27,600 suspended pending one year of compliance. MassDEP's homeowner's policy was utilized in reaching this settlement.


Date: 10/1/10
municipality: ['Holliston']
Text:
  MassDEP entered into a Consent Order with the town of Holliston to ensure compliance with the requirements of the Surface Water Treatment Rule (SWTR). Holliston was informed on 8/26/09 that water from well #2 of its public water system was determined to be 'groundwater under the influence of surface water,' and therefore corrective action is required within eighteen months. Today's Order establishes an enforceable schedule to upgrade or replace well #2. During the interim, today's Order provides for disinfection of the well and includes reporting requirements for the continued use of water from well #2. Today's Order also requires development of a wellhead protection plan. The town must remain in compliance with the Drinking Water Regulations, while bringing well #2 into compliance with the SWTR for it to continue to provide water that is safe and fit to drink to a population of 14,983.


Date: 10/1/10
municipality: ['Sturbridge']
Text:
  MassDEP entered into a Consent Order with the town of Sturbridge to ensure compliance with the requirements of the Surface Water Treatment Rule (SWTR). The town was informed on 8/26/09 that well #1 of its public water system was determined to be 'groundwater under the influence of surface water,' and therefore corrective action is required within eighteen months. Today's Order establishes an enforceable schedule to develop a treatment system for well #1, while ensuring that disinfection of the well is provided in the interim. Sturbridge is also required to continue to provide public notice to residents of this, and requires them to submit progress reports to MassDEP about the development of a treatment system. Through today's Order the town will remain in compliance with the Drinking Water Regulations, while bringing well #1 into compliance with the SWTR and allow it to continue to provide water that is safe and fit to drink to a population of 4,530.


Date: 10/1/10
municipality: []
Text:
  MassDEP entered into a Consent Order with Todd Russo for Water Supply violations in Palmer. Todd Russo is the owner of the property at 702 River Street in Palmer. Today's Order addresses the unregistered public water system source and limits the facility size accordingly and ensures future facility operations will be in accordance with drinking water requirements.


Date: 9/30/10
municipality: ['Springfield']
Text:
  MassDEP issued a Unilateral Administrative Order to Goodwin Realty LLC, for Solid Waste violations at east side of Pinevale Street in Springfield. MassDEP ordered the property owner to immediately cease and desist from moving, or disturbing, containers, scrap metal, waste piles, soil, or other potentially asbestos-containing materials and soil at this site and to immediately secure the site. In addition, today's Order requires Goodwin Realty to submit documentation regarding the status of the materials within 30 days and a plan that addresses the ultimate disposition of these materials within 60 days.9/29/10


Date: 9/29/10
municipality: ['Sandisfield']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Family Ventures Unlimited, Inc. for Water Supply violations in Sandisfield. Family Ventures Unlimited, Inc. is the owner of the New Boston Inn located in Sandisfield. New Boston Inn is a public water system. The owners failed to obtain a permit for treatment at the public water system in the time period required by a previously issued deficiency and notice of noncompliance to the facility's Sanitary Survey Report. MassDEP has agreed to suspend the Penalty and the permit holder has subsequently received conditional approval.9/28/10


Date: 9/28/10
municipality: ['Attleboro']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty regarding Comtran Cable LLC for Air Quality violations in Attleboro. During a site visit of Comtran Cable's Attleboro facility, MassDEP observed the installation and operation of manufacturing equipment that has the potential to emit volatile organic compounds (air pollutant) at the facility, prior to obtaining plan approval. Under today's Order, Comtran has agreed to take the required steps to ensure compliance with the requirements.


Date: 9/27/10
municipality: ['Hancock']
Text:
  MassDEP entered into a Consent Order with a $1,960 Penalty regarding Patriot Resorts Corporation in Hancock for Drinking Water violations. The Corporation operates "Vacation Village" which changed from a transient non-community public water system to a non-transient non-community public water system. The Patriot Resorts Corporation failed to obtain approval and meet additional drinking water requirements associated with a change in Public Water System classification.


Date: 9/27/10
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding Frank Chan (d/b/a I.T. Construction Company) for Air Quality violations at 1188 Dorchester Ave in Boston. During a compliance inspection, MassDEP observed ongoing demolition of a commercial structure. MassDEP personnel determined that IT failed to notify MassDEP of the activity prior to the commencement of demolition as required by the regulations. IT will pay $500 and MassDEP has agreed to suspend $500 of the Penalty pending compliance for a period of one year.9/24/10


Date: 9/24/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $290 Penalty regarding Colrain Fire District /Colrain Water District #1 to address non-compliance with the Water Supply requirements. The District must prepare and distribute a Consumer Confidence Report (regarding the overall water quality within the system) in accordance with the Massachusetts Drinking Water regulations. MassDEP has agreed to fully suspend the Penalty pending full compliance.


Date: 9/24/10
municipality: ['Amherst', 'Hadley']
Text:
  MassDEP entered into a Consent Order with a $15,930 Penalty regarding Slobody Development Corporation for Wetlands violations in Hadley/Amherst. MassDEP determined that Slobody was in violation in connection with wetlands filling behind a commercial building it owned. The filling involved 15,463 square feet of bordering vegetated wetlands at the rear of the site and was discovered by (aerial photo) in the Wetlands Change Project. On-site investigation would later confirm that the filling took place. The owner has cooperated with MassDEP and hired a consultant to develop a plan to remove the fill and restore the area. Slobody will pay $5,000 and MassDEP has agreed to suspend $10,930 pending completion of the restoration.9/24/10


Date: 9/21/10
municipality: ['Falmouth']
Text:
  MassDEP entered into a Consent Order with an $860 Penalty regarding Jones Pond Realty Trust/Coonamessett Inn for Water Pollution Control (Title 5/Septic System) violations at 311 Gifford Street in Falmouth. The Inn failed to have a subsurface disposal system with a design flow of 10,000 gallons per day or greater inspected in compliance with the requirements. The facility had previously received a notice of noncompliance by MassDEP for failure to inspect in 2005.9/20/10


Date: 9/20/10
municipality: []
Text:
  MassDEP was notified by the Massachusetts Attorney General's Office that a Worcester County grand jury had indicted H. Bradford White, Jr., Manager of the West Boylston Municipal Light Plant, in connection with his oversight of the demolition of an unused substation at the plant's main facility. The indictments are for improper removal, storage, and disposal of asbestos-containing materials. This case was originally developed by MassDEP's Bureau of Waste Prevention (Asbestos unit) and MassDEP's Environmental Strike Force.


Date: 9/20/10
municipality: ['Templeton']
Text:
  MassDEP issued a Unilateral Order to, Benjamin Builders, Inc.; for Wetlands violations in Templeton. The company is required to correct unauthorized alterations to wetlands resource areas that occurred during construction activities at the Cook Pond Estates located on Hubbardston Road in Templeton. Today's Order requires the company to restore the impacted areas according to a plan approved by MassDEP. The work must be monitored by a wetland scientist to assure conformance to the approved plans. This action will result in restoration of one quarter acre of Bordering Vegetative Wetlands and 250 linear feet of stream bank.


Date: 9/17/10
municipality: ['Florida', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $3,700 Penalty regarding ARNSAN, Inc. for Waste Site Cleanup violations at 459 Southbridge Street in Worcester. ARSAN, Inc. which is based in Lake Worth, Florida, owned this site which under a 1997 Notice of Activity and Use Limitation (AUL) placed on the property specifically required that pavement be maintained. During a site inspection audit conducted in May 2010, MassDEP determined that the pavement had degraded, and that the underlying soil was exposed. Following the audit inspection, ARSAN, Inc. immediately contracted a paving company and corrected the violation of the AUL. In addition to the Penalty, today's Order contains graduated stipulated penalty provisions for any future noncompliance.


Date: 9/17/10
municipality: ['Lynn', 'Revere']
Text:
  MassDEP executed a Consent Order with a $14,380 Penalty regarding American By Products Co., Inc., for Waste Site Cleanup violations at 381 Revere Beach Boulevard in Revere. The company, which is based in Lynn, failed to notify MassDEP as soon as possible, and within two hours of obtaining knowledge of a release of approximately 150 gallons of waste cooking oil that occurred when drums fell from the back of one of its trucks and ruptured. This resulted in impacts to a paved driveway and portions of two adjacent residential properties. American By Products also conducted Immediate Response Actions (in an attempt to remove the material) in response to the release without first having obtained approval from MassDEP. Today's Order requires American By Products to prepare and submit an Oil and Hazardous Material Release Reporting and Response Plan to be utilized by its employees in future release incidents. MassDEP has agreed to fully suspend the Penalty with stipulated penalties of $1,000 per day if any future violations occur.


Date: 9/16/10
municipality: ['Brewster']
Text:
  MassDEP entered into a consent Order with $25,000 Penalty regarding Daniels Landscaping & Construction, Inc. for Solid Waste violations in Brewster. MassDEP and Daniels Landscaping & Construction, Inc., entered into today's Order regarding outstanding issues of noncompliance at their unlined, uncapped, and unpermitted wood waste landfill located at 433 Freeman's Way in Brewster. The landfill is located on two (2) parcels of land, on which one parcel (Lot 56 = 4.5-acres) is site-assigned as a solid waste facility and the other parcel (Lot 58 = 4.1-acres) is not site-assigned as a solid waste facility. MassDEP had previously attempted to bring the site into compliance under a Consent Order on 2/29/00. An inspection performed in early 2008 disclosed that full compliance with that previous Order had not been achieved. Based on internal enforcement discussions, MassDEP determined that rather than pursue enforcement under the previous Order, (i.e. collection of stipulated and suspended penalties) an additional Order would be established requiring payment of penalties for past noncompliance as well as setting forth a new compliance schedule. Today's Order now requires the owner/operator to pay $11,179 of the $25,000 Penalty (which represents three rounds of missed environmental monitoring) and the portion that is to be suspended totals $13,821, and represents the remaining balance. Further, today's Order establishes a two-year compliance schedule for the completion of the excavation/removal activities of the remaining solid waste (est. 60,000 cubic yards) at the site.


Date: 9/15/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving Clean Harbors of Braintree, Inc., and Clean Harbors Environmental Services Inc. of Braintree for Hazardous Waste Management violations, which were determined during facility inspections and inspections of hazardous waste transportation vehicles. Today's Order addresses inaccuracies in inspection logs and dimensions shown on plan drawings, facility drainage improvements not shown on plans, temporary placement of waste containers in the truck parking containment area, bench scale testing prior to waste stabilization, container labeling, and safety equipment that is required in waste transportation vehicles.


Date: 9/15/10
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $13,050 Penalty regarding Casella Recycling, (formerly KTI Recycling of New England/FCR Boston), for Solid Waste violations in Boston. Responding to a complaint by the Boston Public Health Commission, MassDEP inspected Casella's Charlestown recycling facility and observed material being tipped (deposited) outside the structure. This violated the facility's site assignment determination of need. The facility has since received approval of a modified to install additional processing equipment for increased efficiency and reduction of accumulation of incoming material at the tipping area. Casella will pay $8,000 of the Penalty with the remaining $5,050 suspended if Casella remains in compliance for two years. Casella also agreed to a third-party consultant who will conduct bimonthly inspections of the facility for a period of one year to ensure the facility remains in compliance


Date: 9/13/10
municipality: ['Dalton']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty regarding Northern Foundations, Inc. for Wetlands violations in Dalton. Northern Foundations was found in violation related to construction in the Riverfront Area and on the Banks of Barton Brook. Previously, on 4/21/09, MassDEP responded to a complaint and investigated the area of Barton Brook and observed that a portion of the Riverfront Area had been cleared of vegetation, filled with gravel and concrete blocks along 300 feet of the Bank of the river. Today's Order now requires Northern to submit a Restoration Plan, and fully restore altered Riverfront Area and the Banks of Barton Brook at the site by 10/1/11. MassDEP has agreed to suspend $4,000 of the Penalty is suspended contingent upon Northern fully complying with the Order.


Date: 9/13/10
municipality: ['Somerville']
Text:
  MassDEP issued a Unilateral Order with the city of Somerville for Water Pollution Control violations. The city has failed to address illegal wastewater connections to their stormdrain system. Today's Order requires the city to eliminate a known illegal connection, and to undertake investigations to identify the other sources of wastewater to their stormdrain system9/13/10


Date: 9/10/10
municipality: ['Northfield']
Text:
  MassDEP entered into a Consent Order with Northfield Pump Storage Hydroelectric Facility and FirstLight Hydro Generating Company in Northfield for Water Quality violations. MassDEP found FirstLight Hydro Generating Company responsible for the discharge of sediment to the Connecticut River. The discharge of accumulated sediment from the reservoir resulted from the dewatering/maintenance operation in the area near and downstream of the facility tailrace channel on the banks of the river. The sediment in river was contained by silt curtains. On 8/4/10 the federal EPA issued an Order to cease the discharge and require submission of additional information, including a sediment removal plan. MassDEP coordinated its actions with the EPA, U.S. Fish & Wildlife and the Army Corps of Engineers and issued today's Order which approves a Restoration Plan for the site involving the removal of 20,000-50,000 cubic yards of sediment by hydraulic dredging with upland disposal. The Order also requires in-water monitoring of water quality before and during the restoration activities as well as mitigation.


Date: 9/9/10
municipality: ['Cohasset']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Crown Castle USA and T-Mobile, for Waste Site Cleanup violations at a cell phone tower located at 1 Turkey Hill Lane in Cohasset in August 2010. T-Mobile operates a cell phone network that provides telecommunication services. Crown Castle owns a Cohasset cell phone tower and associated compound where the backup generator is fueled by liquid propane stored in an on-site Underground Storage Tank (UST). Under state regulations, both parties are responsible for providing timely notification to MassDEP following reportable releases of oil or hazardous material. However, neither of these companies reported the propane-release incident, which occurred at approximately 8 p.m. on August 5, 2010, within two hours, as required. A sub-contractor working on behalf of T-Mobile inadvertently struck the UST valve during cell tower maintenance work, resulting in the release of 400 gallons and causing a strong odor to permeate the neighborhood. At approximately 8


Date: 9/9/10
municipality: []
Text:
  MassDEP entered into a Consent Order with a $290 Penalty involving the town of Egremont Water Commissioners for Water Supply violations. MassDEP concluded today's Order to address repeat non-compliance with the requirements to prepare and distribute a Consumer Confidence Report (on Water Quality). A CCR is required in accordance with the Massachusetts Drinking Water regulations.


Date: 9/9/10
municipality: []
Text:
  MassDEP issued a Demand for a $1,000 Penalty involving Kelley Oil Company for Waste Site Cleanup violations in Palmer. Robert Kelley is owner of Kelley Oil Company in Palmer. MassDEP previously entered into an Administrative Consent Order with Kelley regarding the cleanup of contaminated site. The Consent Order required Kelley to expedite the pace of remedial response actions (cleanup) at the site. The site had first been listed with MassDEP on 1/26/90 due to the detection of fuel oil during a tank removal. The site is a small fuel oil terminal located on the banks of the Quaboag River. This site was also heavily damaged during the flooding that occurred in October 2005. MassDEP required submittal of Waste Site Cleanup Plans and Completion reports. Today's Order establishes specific deadlines to complete response actions and contains stipulated penalties should any future noncompliance occur. Kelley has now failed to comply with that Consent Order and therefore MassDEP issued the Demand letter.


Date: 9/8/10
municipality: ['Hopkinton']
Text:
  MassDEP entered into a Consent Order with a $7,940 Penalty regarding Life Technologies Corporation for Asbestos violations in Hopkinton. MassDEP discovered during an August 2009 inspection of a Hopkinton facility formerly owned by the company, MassDEP inspectors observed numerous pieces of dry floor tiles coated with asbestos-containing mastic uncontained in an open top roll-off container located in the facility's parking lot area and exposed to the ambient air. Under the terms of today's Order, the Company will pay a $6,000 of the Penalty with the remaining $1,940 suspended provided the company expends at least an additional $4,000 to complete a Supplemental Environmental Project (SEP). Under the SEP, the company will develop, print and distribute an asbestos awareness educational brochure. The brochure will be provided to members of the Massachusetts Chapter of the Association of Building Contractors through the Gould Construction Institute.


