# MADEP_enforcement

Date: 6/12/07
municipality: ['Ashburnham', 'Princeton', 'Templeton']
Text:
  MassDEP executed a Consent Order with a $10,350 Penalty regarding Templeton Municipal Light & Water Plant for Waste Site Cleanup violations at its plant in Templeton. Specifically, the company failed to notify MassDEP within two hours as required after the release of hydraulic oil, and for failing to take Immediate Response Actions. The release occurred in September of 2005, when it was determined that a gasket on a pole-seating truck leaked approximately 28 gallons of hydraulic system oil, impacting the soil at a residential development located on South Road in Templeton. The company subsequently provided notification of the release six days later. The Order requires the submission of a Spill Prevention Control and Countermeasure (SPCC) Plan to MassDEP for approval, which will then be used to train employees on materials handling and notification requirements. Templeton has also agreed to provide copies of the approved SPCC Plan to the neighboring communities of Princeton and Ashburnham. MassDEP has agreed to suspend $9,350 of the Penalty pending compliance over one year.


Date: 6/12/07
municipality: ['Clinton']
Text:
  MassDEP entered into a Consent Order with a $2,700 Penalty involving the Weetabix Company, Inc. for Hazardous Waste Management violations in Clinton. MassDEP found the company


Date: 6/11/07
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty regarding the H. Kermit & Company, Inc., for Waste site Cleanup violations at the Friendly Ice Cream Corporation (Friendly) wastewater treatment plant at 33 Kent Street in Springfield. On 12/5/06, an aboveground storage tank was overfilled, resulting in a release of an estimated 440 gallons of 93% sulfuric acid into a concrete containment area. The Friendly wastewater treatment plant operator and driver for Krevit were aware of a release on that date, but took no action to notify Friendly's or Krevit management, and did not notify local emergency responders. Neither party took any action to clean up the spill, and the sulfuric acid remained in the containment area overnight. On 12/6/06, Friendly's management became aware of the release and notified local fire officials and MassDEP. In addition to paying the penalty, Krevit re-trained its drivers on notification of and response to releases of oil and hazardous materials, and provided documentation of that re-training [Note


Date: 6/11/07
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with VFW Hampden Post #939 for Water Supply compliance at its facility in Hampden. The VFW Hampden Post #9397 operates as a public water system. The Post has agreed to address drinking water issues, specifically, to improve its wellhead construction or collect an initial sample for Microscopic Particulate Analysis by 10/15/07.


Date: 6/11/07
municipality: ['Lowell', 'Northampton']
Text:
  MassDEP issued an $860 Penalty Assessment Notice to S&R Corporation for Air Quality violations at a construction site in Northampton, specifically, excessive dust emissions during a demolition operation at the former Northampton State Hospital. The excessive dust emissions were caused by S&R's failure to employ proper dust control procedures during the demolition operation. In previous Consent Orders (dated 7/21/04 and 12/11/06), S&R - which is based in Lowell - agreed it would fully comply with all MassDEP regulations including the applicable air quality regulations cited here. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 6/11/07
municipality: ['Arlington']
Text:
  MassDEP issued a Notice of Noncompliance to the town of Arlington for sanitary sewer overflows which were discharged to the Mystic River without a permit during the storm event on 4/17/07. Today's NON requires the town to report on actions it will take to eliminate infiltration and inflow from its sewer system, and to take actions to prevent future overflow events.6/8/07


Date: 6/8/07
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $1,625 Penalty involving Saint Anne's Hospital for Hazardous Waste Management violations at its Fall River facility. MassDEP conducted a multimedia inspection and found that St. Anne's was generating more hazardous waste than for which it was registered. In addition to the Penalty, of which $1,050 is for annual compliance fees it should have paid, St. Anne's has agreed to comply with regulations.


Date: 6/8/07
municipality: ['Lawrence', 'Lynn']
Text:
  MassDEP entered into a Consent Order with a $27,000 Penalty involving Air Quality Experts (AQE) for Asbestos violations at Pickering School in Lynn. During April 2007, MassDEP's school inspection initiative arrived at the Pickering School in Lynn and observed dry asbestos-containing-material in the boiler room work area of the building. In addition, MassDEP found that AQE was operating an un-permitted asbestos waste transfer station in Lawrence. Under MassDEP's small business policy, $19,500 of the Penalty will be suspended pending full compliance for one year.


Date: 6/8/07
municipality: ['Boston']
Text:
  MassDEP issued a Notice of Intent to Assess an Administrative Penalty of $68,250 to Modern Continental Construction Co., (MCC) for failing to notify MassDEP prior to conducting asbestos abatement work. MassDEP found that the removal of asbestos containing bin wall soil and the improper placement of these soils on two separate occasions at the Central Artery/Tunnel right-of-way known as the DNC Lot on Causeway Street in Boston. MCC also failed to properly manage these asbestos-containing soils, transported the soils without a bill-of-lading and then illegally disposed of the asbestos containing soils at a non-approved landfill that can take special wastes. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 6/7/07
municipality: ['Falmouth']
Text:
  MassDEP entered into a Consent Order with The Admiralty Inn for Water Pollution Control violations at 53 Teaticket Avenue in Falmouth. The Admiralty operates a facility with sewage flows in excess of 15,000 gallons per day. Currently, the facility is served by on-site wastewater treatment systems. It was permitted and constructed prior to the promulgation of the groundwater discharge program, but the town of Falmouth is currently preparing a Comprehensive Wastewater Facilities Plan, which may include the possibility of a sewer extension to service the area where the Admiralty Inn is located. Today's Order allows a temporary upgrade of a failing on-site system along with contributions to an escrow account. After five years, the escrow money will be used to defray betterment costs if a sewer connection is available or to start financing a treatment works permitted under the Groundwater Discharge Permit program.


Date: 6/7/07
municipality: ['Somerset']
Text:
  MassDEP issued a Unilateral Order to Ann and Hope of Rhode Island, for Water Pollution Control violations at Ann and Hope Plaza/95 Highland Street in Somerset. DEP issued the Order to the owner of small wastewater treatment plant due to malfunctions at the plant. Approximately 3,000 gallons of sewerage entered a catch basin and flowed into a detention pond. The order requires the owner to evaluate and repair the plant. Until MassDEP approves the restart of the plant, septage is being pumped from the equalization tanks and taken off site for processing.


Date: 6/6/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving Eastern Bank for Waste Site Cleanup violations at 51 Commercial Street in Braintree. Eastern Bank is the owner of a commercial property where a former gasoline service station had existed. The property has been the site of a release of petroleum from its former underground storage tanks. On 11/2/06, MassDEP issued Eastern a Notice of Noncompliance for failing to complete response actions at the site in a timely manner. Eastern Bank did not comply with the NON, however. Today's Order establishes deadlines for Eastern Bank to complete response actions at the site.


Date: 6/6/07
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral Order to the city of Worcester for Asbestos violations at the public schools. The city's Superintendent of Schools was required to retain the services of a licensed asbestos contractor to commence asbestos clean-up and decontamination of the auditorium at the Vernon Hill Elementary School in accordance with a remedial work plan that previously had been approved by MassDEP. The School's auditorium has been closed, and access restricted since MassDEP conducted an inspection in April and discovered that personnel from the city had improperly removed significant quantities of asbestos-containing floor tiles. Those removal activities were conducted without having provided prior notification, as is required, and without the use of any work area containment or air filtration systems. Additionally, the Order requires the city to have its selected asbestos contractor properly package and dispose of six unmarked drums containing pieces of dry, broken asbestos floor tiles that MassDEP inspectors discovered in the basement of the school.


Date: 6/6/07
municipality: []
Text:
  MassDEP entered into separate consent orders with Boylston Downtown LP $25,675 and SBA Contractors $24,675 for asbestos violations found during an inspection of 62 Boylston Street on 3/30/07. If each of these parties complies with its consent order, MassDEP has agreed to suspend $5,675 of the Boylston Downtown penalty and $24,175 of the SBA penalty. Boylston Downtown LP, the building owner, was cited for failure to notify MassDEP of construction and demolition operations as required by the regulations. Boylston Downtown LP tested floor tiles inside the building for asbestos, but did not hire a licensed asbestos removal contractor, as required, to remove the tiles. SBA Contractors not only failed to notify MassDEP, but did not follow proper procedures during the removal of asbestos-containing floor tiles from several floors of the building. In addition, SBA Contractors is not licensed by the Commonwealth of Massachusetts to perform asbestos removal.


Date: 6/6/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $61,607 Penalty regarding Vynorius Piledriving, Inc., Vynorius Presstress, Inc., and MLV Realty, Inc for numerous environmental violations at 150 Elm Street. In Salisbury. During an inspection, Environmental Strike Force and Wetlands personnel found wetlands, hazardous waste, solid waste, water pollution control, air, and hazardous waste site violations while conducting an inspection in July, 2006. Wayne Vynorius entered into today's Order on behalf of the above-named entities requiring restoration of wetlands, remediation of hazardous waste, cleanup of solid waste and development of an Environmental Management Systems (EMS) to prevent future violations. MassDEP has agreed to suspend $26,607 of the Penalty pending compliance.


Date: 6/5/07
municipality: ['Rehoboth']
Text:
  MassDEP entered into a Consent Order in order to register SMPAT LLC the public water supply that is operating at 224 Winthrop Street (Route 44) in Rehoboth. Town records verified that this pizza and sub restaurant pre-existed at this location (as far back as 1977). Therefore, under the current process, the drinking water program is providing a means to register any pre-existing, but previously unregistered public water supplies in order to bring these locations into compliance with all applicable standards


Date: 6/5/07
municipality: ['Rehoboth']
Text:
  MassDEP entered into a Consent Order with a $1,438 Penalty regarding Kane & Sons LLC, for Water Supply violations at 165 Fairview Avenue in Rehoboth. Kane owned and operated an unregistered and unapproved public water system located at 340 Anawan Street in Rehoboth. Kane has agreed to register the water system and perform several corrective actions, which will bring the property into compliance.


Date: 6/4/07
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty regarding the Paris Corporation for Waste Site Cleanup violations at 101 Paris Street in Everett. The corporation failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 7/26/06 and establishes a new deadline of 5/30/08 for submittal of a Phase I Report and a Tier Classification Submittal. MassDEP has agreed to suspend $20,000 of the Penalty pending compliance with all terms of today's Order.


Date: 6/1/07
municipality: ['Sutton']
Text:
  MassDEP executed a Consent Order with a $6,750 Penalty regarding Atlas Box and Crating Company, Inc. for Industrial Wastewater and Hazardous Waste Management violations at its facility in Sutton. The company was found to be discharging industrial wastewater to the ground without having a licensed wastewater treatment plant operator. In addition, the company was generating waste oil in excess of the volume allowed under its registered Small Quantity generator status, and it failed to properly label its waste oil containers. As part of the recently finalized Order, which includes stipulated penalty provisions, the company will comply with all applicable regulations and pay a $1,716 Penalty. The company will also expend an additional $5,034 on a Supplemental Environmental Project (SEP). The SEP involves the purchase of equipment to be donated to the Sutton Fire Department. The company has agreed to bring the site back into compliance.


Date: 6/1/07
municipality: ['Groton']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty involving the Ghanshyam Realty Trust and Groton Convenience, Inc. for Drinking Water violations in Groton. The Trust operates an unregistered drinking water supply at a Groton Convenience, Inc. facility located on Route 119 in Groton. The Trust operates a grocery store including a delicatessen, a liquor store and a video rental operation. A hair salon is located on the second floor of the facility. The Order establishes a legally enforceable schedule for the proper development of an approved transient, non-community public water supply system for the location; requires the payment of a $500 administrative penalty; and incorporates stipulated penalty provisions for any future noncompliance with the Order. Under the terms of the Order, the owners have also agreed to correct violations, the discharge of industrial wastes from the hair salon operations to the on-site septic system.


Date: 6/1/07
municipality: ['West Boylston']
Text:
  MassDEP entered into a Consent Order with a $50,412.50 Penalty involving One-Seventy-Five LLC, for Asbestos violations in West Boylston. MassDEP found the violations occurred during the removal activities conducted during the renovation of a former motel in West Boylston in March 2006. MassDEP found numerous violations including handling and storage violations. An additional $48,912.50 penalty was suspended based upon the company having demonstrated the existence of financial hardship conditions, and provided that there are no further violations of the Asbestos regulations for a one year period. The company will pay $1,500 of the Penalty.


Date: 6/1/07
municipality: ['Hancock', 'Worcester']
Text:
  MassDEP entered into a Consent Order with an $850 Penalty regarding Winfield S. Hancock & Company for Asbestos violations in Worcester. MassDEP inspected a job site where the company, a Massachusetts licensed asbestos contractor, was conducting work. MassDEP identified breaches in the plastic containment barriers in the work area. At the time of the inspection, the company was required to immediately stop all work activities and repair the containment barriers before resuming abatement activities.


Date: 6/1/07
municipality: ['Avon']
Text:
  MassDEP entered into a Consent Order with a $35,776 Penalty involving Reebok International LTD for Waste Site Cleanup violations at 57 Littlefield Street in Avon. The site is a warehouse property that Reebok previously owned. During an audit of the cleanup actions taken at the site, violations were identified and deadlines were established in a Notice of Noncompliance (NON). The Respondent failed to meet the deadlines established in that NON in a timely fashion. Specifically, today's Order requires a schedule to perform necessary remedial actions, completion of work required to demonstrate that future risk of lead exposure in soil is mitigated, and submit a revised final outcome statement within one year. MassDEP has agreed to suspend $22,016 of the Penalty pending full compliance.


Date: 6/1/07
municipality: ['Williamsburg']
Text:
  MassDEP entered into a Consent Order with Bacon's Package Store for Waste Site Cleanup violations at it facility in Williamsburg. Bacon owns and operates the property located at 27 Goshen Road in Williamsburg. A release of gasoline was reported at the site in 1999. Monitored natural attenuation is the selected remedy for the release. Violations were for failure to evaluate the extent of contamination, failure to describe all potential migration pathways, and failure to follow the operation and maintenance plan. The Order establishes deadlines to assess the extent of contamination, evaluate all potential migration pathways, and to submit a revised OMM Plan. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for future noncompliance.


Date: 6/1/07
municipality: []
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Ponderosa Pines Campground for Water Supply violations in Lanesboro. The facility is a transient non-community public water system. The amendment provides that the Campground will submit required permits and install Surface Water Treatment Rule compliant filtration and disinfection equipment.6/1/07


Date: 6/1/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $13,800 Penalty involving Bob's Disposal of Boston for numerous violations that occurred as a result of improper removal of an oil tank in the basement of a Boston residence. Bob's Disposal removed a concrete floor and two feet of soil from the basement of a Waltham Street residence in Boston's South End and cut the tank in half during removal, thereby causing a release of heating oil to the soil and groundwater. The improper removal not only resulted in the release of home heating oil, but a release of asbestos-containing material to the air. The Environmental Strike Force responded after receiving an odor complaint from a neighbor. The city also responded to complaints regarding work at the site. Company owner, Robert Cuddy, has agreed to the penalty and to retain the services of a licensed cleanup contractor in order to fully comply with all regulatory requirements related to the proper cleanup of the site.6/1/07


Date: 6/1/07
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $17,235 Penalty involving Solutia, Inc., for Air Quality violations at its Springfield facility. Solutia reported the violations (as required by its Air Quality Operating Permit), which involved failure to follow internal procedures in the configuring of air pollution control equipment operation. In addition to the Penalty, Solutia will also modify its procedures to ensure future compliance.


Date: 6/1/07
municipality: ['Boston']
Text:
  MassDEP entered into an Amendment to an existing Consent Order relative to the former "Albany Carpet Cleaners" site, 20-32 Rugg Road in Boston. The Amendment requires Rugg Road Realty Trust to continue work to address Imminent Hazard conditions from soil-vapor infiltration, as well as other conditions requiring Immediate Response Actions. The Amendment also requires the Trust to submit response actions by specific deadlines, leading to attaining a final outcome or remedy operation status by 5/30/08 for all but one of the reported release incidents. However, should the actions taken to complete the cleanup not fully resolve the remaining release incident that will be resolved under another timetable. This property encompasses several inter-connected buildings with multiple tenant spaces or residential and commercial.


Date: 5/31/07
municipality: ['Billerica']
Text:
  MassDEP (the Commonwealth of Massachusetts) along with the U.S. Environmental Protection Agency entered into a Consent Decree (CD) with the town of Billerica that includes a $250,000 civil penalty and an additional $50,000 in Supplemental Environmental Projects (SEPs). The town discharged process water from its municipal water treatment plant to surface water without a discharge permit, failed to apply for a stormwater (NPDES) discharge permit. In addition the town violated effluent limits and monitoring and reporting requirements for its municipal wastewater treatment plant. Under the CD, the town will establish measures to prevent future illegal discharges. The town will also conduct multi-media compliance audits of its wastewater treatment plant and public works facility, and will implement steps to locate and remove excessive infiltration and inflow to the municipal sewer collection system. Two SEPs that Billerica will conduct include a.) agreed to conduct lead testing in drinking water at schools beyond what is already required by regulation and mitigate elevated levels if they are found; b.) the town will conduct testing in its water treatment plant and water distribution system to determine whether N-nitrosodimethylamine (NDMA) is formed as a byproduct of chloramine disinfection of the water supply. If NDMA is detected, the Town will take measures as directed by MassDEP. The United States and the Commonwealth each receive $125,000 of the Penalty.


Date: 5/31/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $13,800 Penalty regarding Bob's Disposal of Boston for numerous violations that occurred as a result of improper removal of an oil tank in the basement of a Boston residence. Bob's Disposal removed a concrete floor and two feet of soil from the basement of a Waltham Street residence in Boston's South End and cut the tank in half during removal, thereby causing a release of heating oil to the soil and groundwater. The improper removal not only resulted in the release of home heating oil, but a release of asbestos-containing material to the air. MassDEP's Environmental Strike Force responded after receiving an odor complaint from a neighbor. The City of Boston also responded to complaints regarding work at the site. Company owner, Robert Cuddy, has agreed to the penalty and to retain the services of a licensed cleanup contractor in order to fully comply with all regulatory requirements related to the proper cleanup of the site.5/31/07


Date: 5/29/07
municipality: ['Beverly']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Silva's Tire Depot, Inc. for Waste Site Cleanup violations at 383 Cabot Street in Beverly. The company failed to submit a Phase IV Report and a final outcome statement within the deadline established in a previous Consent Order with MassDEP on 4/28/05. New deadlines have now been established that will return the site to compliance with a final outcome statement by 3/30/08.


Date: 5/29/07
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Artur Paulino, of Ludlow, for Asbestos violations. MassDEP responded to a complaint from tenants at a rental property that Paulino had removed an asbestos-insulated boiler from the basement of the property and put it into a dumpster in the driveway of the site. During the inspection, MassDEP personnel found the boiler and asbestos insulation in the dumpster covered with leaves and other debris from the site. Broken asbestos siding was also found in the dumpster. Paulino was instructed to retain a licensed asbestos consultant to test the apartments for contamination and to develop a cleanup plan for the dumpster and basement. Following MassDEP's approval of the cleanup plans, Paulino hired an asbestos contractor to clean up the site. MassDEP has agreed to suspend $5,000 of the Penalty pending full compliance over a one-year probationary period.


Date: 5/29/07
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty regarding Dielectric Polymer of Holyoke for Air Pollution and Hazardous Waste Management violations. A MassDEP inspection found the company's control on the emissions of volatile organic compounds (VOC) was not in compliance with the facility's permit. The thermal oxidizer failed a test as it pertained to the capture and destruction efficiency for VOCs. The inspection also revealed that the company was not properly managing hazardous waste including inadequate aisle spacing for storage of hazardous waste and failure to notify the MassDEP of the facility's Class A recycling activity. The company initiated corrective action immediately after the inspection and has cooperated with MassDEP to address the noncompliance issues.


Date: 5/29/07
municipality: ['Holyoke']
Text:
  MassDEP issued a $17,780 Penalty Assessment Notice to Santa Cruz Contractors for Asbestos violations in Holyoke. MassDEP found that Santa Cruz, which is based in Woonsocket, Rhode Island, improperly handled asbestos MassDEP responded to a complaint from tenants alleging that transite-asbestos roofing had been improperly removed and without the required prior notice. Pieces of the asbestos were found on the lawn and driveway of the property. A dumpster filled with dry asbestos was found in the driveway as well. Santa Cruz was instructed to retain a licensed asbestos contractor to clean up the site and did so within one week. MassDEP contacted the company to discuss the violations and to negotiate a settlement. The company, however, was unresponsive, prompting today's Penalty.


Date: 5/25/07
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with the trustees of Hampshire College for Wetlands violations at 916 West Street in Amherst. A consulting firm representing the College submitted inaccurate information relative to Muddy Brook. Previously, the Trustees had submitted Request for Determination of Applicability regarding its site development plans for the proposed Veridian Village (West Street). Today's Order acknowledges the validity of the Determination of Muddy Brook as an intermittent stream and the Trustees of Hampshire College have agreed to place a "Conservation Restriction" on 33 acres of the site in perpetuity as open space and wildlife habitat. Today's Order also requires that the Trustees certify the presence of a Vernal Pool at the site and develop site-specific recommendations for enhancement and management of wildlife habitat to quality a 12-acre area of this site.5/24/07


Date: 5/24/07
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $55,595 Penalty involving Duro Textiles, LLC for Air Quality and Hazardous Waste Management violations at 110 Chace Street in Fall River. A multi-media compliance inspection of the facility revealed numerous violations of recordkeeping, monitoring, operational and emission limit requirements of the facility's air permits. In addition several hazardous waste violations were found. The company has agreed to a schedule to return the facility to compliance with all requirements and regulations.


Date: 5/24/07
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with, Merrimack Street Development LLC, the current owner of former Sprague Gas sites at 341 & 341R Merrimack Street in Lowell. The corporation failed to meet submittal deadlines as noted in a Notice of Noncompliance issued on 12/29/06. Today's Order establishes deadlines for submittal of Immediate Response Action and Release Abatement Measures up to an including a final response action. In addition, today's Order contains stipulated penalty provision for any missed deadlines.5/24/07


Date: 5/22/07
municipality: ['Lincoln', 'Sudbury']
Text:
  MassDEP entered into a Consent Order with a $34,500 Penalty regarding Lincoln/Sudbury Regional High School in Sudbury. MassDEP found the school exceeded its Groundwater Discharge permit in terms of flow, nitrate nitrogen, biochemical oxygen demand, and total nitrogen. Today's Order requires that the School provide a wastewater evaluation report within 30 days, which describes the reasons for the violations and the actions and timetables to return the wastewater treatment plant into compliance. MassDEP has agreed to suspend $29,500 of the Penalty pending compliance.


Date: 5/22/07
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with Robert and Diane Pomeroy of Pittsfield for Asbestos violations at 42 Clinton Avenue. After receiving a complaint from the Pittsfield Board of Health, MassDEP inspected the residence and found a contractor had removed an asbestos-coated boiler and pipes from the rental property. Asbestos had fallen off the boiler onto the ground, and that the basement was contaminated with asbestos. Following the inspection, the Pomeroys retained a licensed asbestos consultant to develop a clean up plan to submit to MassDEP. Then, an asbestos contractor was hired to clean up the asbestos from both the backyard and basement. MassDEP agreed to suspend $14,000 of the Penalty pending compliance over a two-year probationary period.5/22/07


Date: 5/22/07
municipality: ['Granby']
Text:
  MassDEP issued a $3,450 Penalty Assessment Notice to Holyoke Sanitary Landfill, Inc. for Solid Waste violations in Granby. (WERO)


Date: 5/22/07
municipality: []
Text:
  MassDEP issued a Demand Letter for a $1,000 stipulated Penalty to CJ's Restaurant in Palmer. MassDEP issued the demand for violations of the schedule for corrective actions as established in a previously agreed upon Consent Order.


Date: 5/22/07
municipality: ['Ludlow']
Text:
  MassDEP entered into a Consent Order with Ludlow for Stormwater violations. Today's Order establishes a schedule for the removal of the Hubbard Street combined sewer overflow (CSO) by no later than 12/31/09.5/25/07


Date: 5/22/07
municipality: ['Uxbridge']
Text:
  MassDEP issued a $24,130 Penalty to Uni-Trans Transportation, LLC, Industrial Wastewater and Hazardous Waste Management violations at its River Road facility in Uxbridge. During a May 2005 inspection, MassDEP found that Uni-Trans (based in Manville, Rhode Island) failed to register its waste oil activity, and that it transferred custody of its waste oil to an unlicensed, unregistered party. Today's Penalty also cites Uni-Trans for several other hazardous waste handling, storage and management violations. Additionally, the company was cited for discharging industrial wastewater to the ground surface at its site, which is adjacent to the Blackstone River. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 5/22/07
municipality: ['Fitchburg']
Text:
  MassDEP issued a Unilateral Order to Conrad J. and Robert J. Donell, individually and as Trustees of DB Realty Trust to cease-and-desist activities related to Wetlands violations at a construction site in Fitchburg. The Trust purchased the Kopley Place residential subdivision in August of 2002. At that time, the subdivision had received a Superseding Order of Conditions (SOC) allowing the work - which had been issued in August of 2001 but has since expired. A review of in-house records revealed that certain conditions within the SOC had not been complied with, including a requirement to request a Certificate of Compliance. MassDEP inspected the site and determined that storm water drainage structures had not been properly installed and that a wetlands replication area had not been properly constructed. Further, housing construction had begun on lots without having first received a written approval as required. Today's Order requires that the Donells and the Trust cease and desist from any further housing construction until MassDEP issues a written approval to resume. The Trust must also submit a request for a Certificate of Compliance; submit a report describing all construction activities, if any, that occurred at the site since the expiration of the SOC; and submit a plan describing all actions that will be needed to bring the site into full compliance.


Date: 5/22/07
municipality: ['Fairhaven']
Text:
  MassDEP reached a settlement agreement with Linberg Marine, Inc., and L&L Realty regarding Waterways violations in Fairhaven. After receiving a request by the company to encapsulate and fill a grounded barge (which the Waterways program would not license), a settlement has now been reached requiring the grounded barge to be removed and the 13,000 sq. ft. of water sheet reopened for navigation. The applicant worked with the Waterways Program to establish a removal schedule instead of a penalty.


Date: 5/22/07
municipality: ['Pembroke']
Text:
  MassDEP entered into a Consent Order with a $19,750 Penalty involving Middleboro Park Realty Trust (MPRT), the owner of a commercial property in Pembroke. The site is a former gasoline service station where the release of petroleum was reported from its underground storage tanks. On 7/26/06, MassDEP issued MPRT Notice of Noncompliance for failing to complete response actions at the site in a timely manner. MPRT did not comply and during discussions on the matter, it was found that MPRT had installed and run a groundwater pump and treat system at the site without approval. In addition to the Penalty, the company will complete cleanup actions and comply with appropriate regulations.


Date: 5/22/07
municipality: ['Fall River', 'Swansea']
Text:
  MassDEP entered into a Consent Order with a $8,372 Penalty involving Air Quality violations at LM Refinishing Inc. in Fall River. The company, although based in Swansea, has a facility in Fall River located at 381 Pleasant Street in Fall River in a mill building shared with other tenants. After receiving an odor complaint, MassDEP inspectors found that LM Refinishing did not have an air quality plan approval and was not keeping records to determine whether it was exempt from such requirements. Further it was causing a condition of air pollution by failing to adequately maintain its air filter and control odors. The order requires that LM Refinishing abate those problems and come into compliance. MassDEP agreed to suspend $4,600 of the Penalty upon successful and timely completion of all provisions of the Order.5/22/07


Date: 5/18/07
municipality: ['Hudson']
Text:
  MassDEP entered into a Consent Order with a $32,500 Penalty involving [49] Houghton Street LLC for Asbestos violations in Hudson. Today's Final Decision Agreement by the Commissioner resolves an appeal by the company of MassDEP's Penalty Assessment Notice. The case was initiated in response to a referral from the Hudson Fire Department regarding the release of an unknown amount of acid at the site. While responding to the incident, MassDEP observed suspect asbestos-containing materials at the location. The company was ultimately cited for fourteen violations. In addition to the Penalty, the company will comply with all applicable regulations.


Date: 5/18/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving JetBlue Airways for Waste Site Cleanup violations in East Boston. JetBlue Airways of Forest Hills, New York responded to a release of jet fuel that occurred on 1/20/06 during fueling operations at Logan Airport in East Boston. JetBlue Airways failed to notify MassDEP within two hours of obtaining knowledge of the release and failed to submit the required documentation concerning the release. The company has since returned to compliance.


Date: 5/18/07
municipality: ['Westport']
Text:
  MassDEP issued a Unilateral Order and a $30,000 Penalty Assessment Notice to Richie's Auto Parts for Waste Site Cleanup violations at 851 State Road in Westport. Richie's Auto Parts has historically been used as a vehicle repair/junkyard facility. Testing of the property has determined that it has been impacted by a release of petroleum from former underground storage tanks that had been located at the site. The owner of the property had been conducting response actions in an attempt to assess and remediate the release. The most recent response action completed was in the summer of 2003, when the property owner submitted a Phase II Comprehensive Site Assessment to MassDEP. After the Phase II, additional cleanup work was still required. The property owner has not completed any additional response actions since that time. In August 2006, MassDEP issued the property owner a Notice of Noncompliance (NON) requiring the completion of response actions. The property owner failed to respond, and In April 2007, MassDEP issued the property owner a Notice of Enforcement Conference. The property owner did not attend the enforcement conference, prompting today's action.


Date: 5/18/07
municipality: ['Hardwick']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving R. J. McDonald Inc. for Wetlands and Water Management Act violations in Hardwick. The company operates a sand and gravel facility on Route 32. The company was withdrawing water without a permit and impacting a Riverfront Area. In addition to the Penalty, the company has agreed to complete a $15,000 Supplemental Environmental Project (SEP). MassDEP has agreed to $3,000 of the Penalty pending compliance.5/18/07


Date: 5/18/07
municipality: ['Charlton', 'Shrewsbury', 'Worcester']
Text:
  MassDEP issued a Unilateral Order to JM Environmental Corp., Inc., for Solid Waste and Wetlands violations in Charlton. The company which is based in Shrewsbury was retained by Robert W. Saulenas of Worcester to transport fill materials originating from the Washington Square reconstruction project in Worcester, and dump those materials as fill on property located at 299 Worcester Road [Route 20] in Charlton. On 5/15/07, MassDEP found pieces of asphalt, brick and concrete, including iron reinforcing bars, had been deposited as fill material within Bordering Vegetated Wetlands, and within the 100-Foot Buffer Zone without approval. Today's Order requires JM Environmental Corp., Inc., (as the entity that delivered and dumped the materials) to immediately cease and desist from any further fill activities at the property; provide for the installation of effective erosion and sedimentation controls. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 5/18/07
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $34,019 Penalty involving B & H Foods, Inc. for Air Quality violations at 483 Concord Street in Framingham. The company (d/b/a Framingham Exxon) failed to comply with Stage II vapor recovery requirements. The facility did not pay a $500 Penalty and was inspected on 2/1/07. MassDEP personnel observed multiple Stage II program violations including operating with damaged equipment, failure to conduct weekly inspections of the Stage II system, unavailable maintenance records, and failure to have completed Stage II testing results for review by MassDEP. B & H Foods, Inc. has agreed to correct all violations; MassDEP has agreed to suspend $21,519 of the Penalty pending compliance over one year.


Date: 5/17/07
municipality: ['Bellingham']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving 1114 South Main Street Realty Trust for Waste Site Cleanup violations in Bellingham. Today's Order requires the submission of a Release Notification Form for the discovery of a reportable condition of toluene found in the groundwater. The Trust has also agreed finish the cleanup of the property. The Penalty was fully suspended based upon financial conditions, and pending full compliance with the terms of the Order Stipulated penalty provisions are included pending any failure to comply.


Date: 5/17/07
municipality: ['Ayer']
Text:
  MassDEP executed a Consent Order with a $7,510 Penalty involving J.P. Routhier & Sons, Inc. for Air Quality violations at the company's Wlllow Street location in Ayer. The company installed and operated internal combustion engines (engine/generator sets) for years without first applying for and receiving Comprehensive Air Quality plan approvals. In addition to the Penalty, the company agrees to comply with all applicable regulations. The company will also complete a Supplemental Environmental Project (SEP) in lieu of an additional $22,529 Penalty. The SEP requires the company to change its operations by replacing its existing diesel engine-generated power with electric line power distributed from the street. It is estimated that 108 tons of Nitrogen Oxide (aka Nox) emissions will be eliminated through this SEP.


Date: 5/17/07
municipality: ['Grafton']
Text:
  MassDEP entered into a Consent Order with a $12,600 Penalty involving Verrillon, Inc. for Air Quality, Industrial Wastewater and Hazardous Waste Management violations at its facility in Grafton. A multi-media inspection of the facility revealed that the company failed to comply with its existing Air Quality Control plan approval, failed to provide MassDEP with source information, and operated a wastewater treatment system without having a licensed wastewater treatment operator. In addition, the company accumulated hazardous waste in excess of its registered status and failed to comply with numerous other hazardous waste management requirements. In addition to the Penalty and bringing the facility back into compliance, the company will complete a Supplemental Environmental Project (SEP) in lieu of an additional $12,600 penalty. The SEP requires the company to purchase personal protection equipment that will be donated to the Grafton Fire Department, and to provide two training courses to Fire Department personnel.


Date: 5/17/07
municipality: ['Ipswich']
Text:
  MassDEP entered into a Consent Order with $7,500 Penalty regarding the town of Ipswich's Municipal Water Treatment Plant for stormwater violations. MassDEP found that untreated underflow from the municipal water treatment plant's sedimentation basins had been discharged via an overflow culvert to Bull Brook, in violation of the town's stormwater permit. The town also exceeded the total suspended solids limit on multiple occasions. Under today's Order, the town will either cap or remove the pipe that allowed untreated water to discharge to Bull Brook and will dispose of its treatment plant residuals in accordance with an October 2006 Residuals Disposal Study.5/17/07


Date: 5/17/07
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Order to Getty Petroleum Marketing, Inc., for Water Supply violations at 3 Singletary Avenue in Sutton. Today's Order requires that Getty petroleum cease all public water system activities at the facility


Date: 5/15/07
municipality: ['Blandford']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Blandford Water Department in Blandford. The Amendment provides additional time for Blandford to come into compliance with surface water treatment requirements giving them until 6/15/07 to comply.


Date: 5/15/07
municipality: ['Ludlow']
Text:
  MassDEP executed a Consent Order with a $4,000 Penalty involving United Rentals, Inc. for Hazardous Waste Management violations in Ludlow. During a 12/19/06 inspection of the facility hazardous waste management and transport violations were discovered. In addition to the Penalty, the company has agreed to comply with all applicable regulations.


Date: 5/15/07
municipality: ['Chicopee']
Text:
  MassDEP executed a Consent Order with an $8,625 Penalty involving the Connecticut Valley Sanitary Waste Disposal, Inc. to address landfill flare violations at its Chicopee facility. The company has subsequently corrected the violations.


Date: 5/15/07
municipality: ['Hatfield']
Text:
  MassDEP issued a Unilateral Order to C&S Wholesale Grocers requiring the submittal of information regarding the release of 800 pounds of ammonia in Hatfield that occurred on 5/9/07. The release resulted in a Tier III hazardous materials team response by the Department of Fire Services' haz-mat team. Today's Order specifically requires a detailed analysis of the root cause(s) of the release, and certification from a licensed professional engineer that all components and appurtenances of the ammonia refrigeration system at the facility that have been inspected and are in good condition.5/15/07


Date: 5/15/07
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral Order to Worcester Commons, LLC, for Asbestos violations at a mixed-commercial/residential property on Franklin Street in Worcester. Worcester Commons is owner of this multi-story building. MassDEP inspected the fourth through the ninth floors of the facility on 5/14/07. That inspection revealed the presence of uncontained metal pipes partially covered with suspect asbestos-containing insulation, and an unmarked, black trash bag filled with dry, friable, suspect asbestos pipe insulation. In addition, demolition and renovation work had been conducted on the sixth through the ninth floors, but company representatives could not demonstrate that an asbestos survey had been conducted prior to those activities being taken. MassDEP directed the company to immediately restrict access to the demolition and renovation areas, and cease any further work on the fourth through the ninth floors to prevent potential asbestos emissions and exposures. Today's Order requires the company to cease all demolition and renovation activities on site; restrict access to areas where the results of an asbestos survey can not be provided; retain the services of a licensed asbestos abatement contractor to conduct the required survey and to properly contain, handle and dispose of all asbestos-contaminated wastes on site; submit a complete listing of occupied apartments and open areas within the structure; conduct site decontamination; remove remaining asbestos-containing materials prior to conducting any additional demolition and renovation activities; and to store and/or dispose of any newly discovered asbestos-containing waste materials at approved transfer stations and/or approved landfill facilities.


Date: 5/11/07
municipality: ['Conway', 'Rowe']
Text:
  MassDEP issued a Unilateral Order to Wesley Rowe for Wetlands Protection and Clean Water Act violations in Conway. Specifically, Rowe was cited for undertaking construction of a subdivision resulting in construction of roads and culverts impacting 150 ft. of stream banks. The Order requires Rowe to submit a complete Water Quality application no later than 6/22/07. The Town of Conway Conservation Commission had previously issued an Enforcement Order to Rowe requiring compliance with the Massachusetts Wetlands Protection Act.5/11/07


Date: 5/11/07
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with Koss Realty Trust with a $28,000 Penalty regarding Waste Site Cleanup violations in Taunton. Koss is the owner of a commercial property where a release of petroleum from underground storage tanks. Previously, in July 2005, Koss entered into a Consent Order for failing to complete the required response actions. Koss subsequently failed to meet those deadlines. Therefore, today's Order re-establishes deadlines for completion of response actions at the site. MassDEP, however, agreed to suspend $7,00 of the Penalty if Koss complies with the deadlines.


Date: 5/11/07
municipality: ['Pembroke']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving the MC Realty Corp., for Waste Site Cleanup violations in Pembroke. TMC is the owner of a commercial property in Pembroke where they repair and store school busses. The property is listed after a release of petroleum was detected. Previously, in January 2006, MassDEP issued TMC a Notice of Noncompliance for failing to complete response actions at the site. TMC did not comply. Today's Order establishes deadline for completion of response actions along with the Penalty.


Date: 5/10/07
municipality: ['Lowell']
Text:
  MassDEP executed a Consent Order with the city of Lowell for Waste Site Cleanup violations at Daley Middle School. A release of oil occurred at the school, located at 150 Fleming Street, in the basement that subsequently impacted an adjacent wetland. A response action was conducted to recover as much fuel oil as possible. However, an assessment of the extent and impact of the release has not been performed. The city will conduct all necessary work and today's Order also contains a provision for stipulated penalties for any missed deadline.5/10/07


Date: 5/10/07
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with Marpat Realty Trust (trustee Armand Brochu) regarding Waste Site Cleanup violations at 41 Jefferson Street in Westfield. MassDEP and Marpat have agreed to additional time for response actions at this site where six underground storage tanks were removed in 1994. The property contains three machine companies, an industrial laundry service, and a drycleaner. Currently the site is being evaluated for redevelopment as low income housing by the Housing Allowance Program (HAP). Today's Order allows time for the two sides to reach an agreement relative to the future use of the site. The Order also serves as a Notice of Noncompliance and memorializes deadlines to complete response actions, and contains stipulated penalties for noncompliance.


Date: 5/10/07
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with Lipton, Inc., for Waste Site Cleanup violations at 36 Industrial Avenue in Pittsfield. Leonard Lipton, President of Lipton, Inc., has operated a bulk fuel terminal for many years. Lipton failed to complete cleanup of the site by the established deadlines. Today's Order establishes a new deadline for completing cleanup actions. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for future noncompliance with deadlines.


Date: 5/10/07
municipality: ['Chicopee', 'Lee']
Text:
  MassDEP entered into a Consent Order with a $23,840 Penalty involving the Massachusetts Turnpike Authority (MTA) for Industrial Wastewater, Air Quality (Stage II vapor recovery) and Hazardous Waste Management violations. The violations included un-permitted industrial wastewater discharges from truck washing operations at its Chicopee and Lee facilities, and failure to submit annual testing certifications for gasoline dispensers at 11 of its maintenance facilities located across the state. The violations were discovered in part by inspections conducted at MTA's Chicopee and Lee facilities. During the inspections, MassDEP also observed minor hazardous waste management violations. MTA has agreed to correct the violations; MassDEP has agreed to suspend $13,840 of the Penalty.


Date: 5/10/07
municipality: ['Montague']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty involving Australis Aquaculture, LLC for Air Quality violations at its facility in Montague. Specifically, the corporation has agreed to address violations of a fish manure holding tank that was creating hydrogen sulfide problems in the municipal sewer system and to the atmosphere. Future operation of the fish production facility will result in no storage of manure and hence, no creation of hydrogen sulfide emissions to either the sewer system or the atmosphere. Australis will pay a penalty in the amount of $3,500 with an additional MassDEP has agreed to suspend $3,000 of the Penalty pending full compliance specifically odors and conditions of air pollution in the future.5/10/07


Date: 5/10/07
municipality: []
Text:
  MassDEP issued a $250 Penalty Assessment Notice to Pride Cleaning Contractors for Industrial Wastewater violations at several locations. Pride of Palmer was cited for discharging rug cleaning wash water on to the ground in several locations where the company conducted rug-cleaning operations.5/10/07


Date: 5/9/07
municipality: ['Orange', 'Stockbridge']
Text:
  MassDEP entered into a Consent Order with the Stockbridge Sportsmen's Club in Stockbridge to address Water Supply compliance issues at its facility in Orange. The Club has agreed to steps in order address its continued status as a public water system and ensures compliance with Massachusetts drinking water regulations.


Date: 5/9/07
municipality: []
Text:
  MassDEP entered into a Consent Order with Green River Lumber to address Water Supply issues at its facility in Greenfield. The company agreed to address its continued status as a public water system and ensure compliance with Massachusetts drinking water regulations.


Date: 5/9/07
municipality: ['Orange']
Text:
  MassDEP entered into a Consent Order with Packard Orange Realty Trust for Water Supply issues at its facility in Orange. The Trust agreed to address the status of its condominium development, Pioneer Place Condominiums in Orange, as a public water system and compliance with Massachusetts drinking water regulations.


Date: 5/9/07
municipality: ['Ware']
Text:
  MassDEP entered into an Amendment to an existing Consent Order with Mascoma Land Company in Ware. MassDEP, in signing the Amendment, allowed Mascoma, the owner of a facility in Ware that houses an apartment and a daycare facility additional time to submit design plans for required corrosion control treatment. The Amendment does not extend the final date for compliance.5/9/07


Date: 5/9/07
municipality: ['Paxton']
Text:
  MassDEP entered into a Consent Order with Paxton Garage, Inc. for Waste Site Cleanup violations at 593 Pleasant Street in Paxton. Today's Order establishes timelines for the completion of the cleanup actions at this gasoline station facility. The Company is in the process of remediating a release of gasoline to groundwater through in-situ chemical oxidation. Although the remediation appears effective, the site has exceeded its deadline for achieving a final outcome. Today's Order establishes a new deadline of 8/1/08 for the final outcome.


Date: 5/9/07
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with the Estate of Ralph Riganati for Waste Site Cleanup violations at a property on Higgins Street in Worcester. At one time, a downgradient property status opinion was submitted by the owner, thereby suspending future response action deadlines (since the contamination was alleged to be from off-site). However, MassDEP would later terminate the findings in that opinion and the Estate was required to take actions. The deadlines for the Estate to conclude response actions expired on12/06. A second extension request was subsequently denied. Today's Order establishes a schedule for the submission of response actions on or before 2/1/09 and stipulated penalty provisions for any missed deadlines.


Date: 5/9/07
municipality: ['Ashburnham']
Text:
  MassDEP entered into a Consent Order with a $26,157 Penalty involving Flo Chemical Corporation for Industrial Wastewater and Air Quality violations at its facility in Ashburnham. The company, which produces a protein from corn meal, was not operating in compliance for its air plan approval by not conducting permanent total enclosure testing) and had not maintained (as required) a copy of the amended plan approval on site. Also, the company did not maintain all required records. Industrial Wastewater violations included not complying with the requirements of its Industrial Wastewater approval. In addition, the company failed to submit a required sewer connection feasibility report within forty-five days as required. Today's Order requires the company to comply with all applicable regulations and, based on financial inability, MassDEP has agreed to suspend $22,157 of the Penalty pending compliance.


Date: 5/8/07
municipality: ['Springfield']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Friendlys Ice Cream Corporation for Waste Site Cleanup violations at its 33 Kent Street facility in Springfield. The company failed to notify MassDEP within two hours of becoming aware of a spill of sulfuric acid at its wastewater treatment plant. On 12/5/06, an aboveground storage tank was overfilled, resulting in a release of an estimated 440 gallons of 93% sulfuric acid into a concrete containment area. The Friendlys wastewater treatment plant operator was aware of the release on that date, but took no action to notify management, the emergency responders or take action to clean up the spill. The sulfuric acid remained in the containment area overnight. On 12/6/06, the company's management became aware of the release and notified local fire officials and MassDEP. A Tier I hazardous materials response by the District IV hazardous materials team occurred at that time. In addition to paying the penalty, Friendlys has agreed to perform a Supplemental Environmental Project (SEP) in which Friendlys will conduct the following


Date: 5/8/07
municipality: ['Avon']
Text:
  MassDEP entered into a Consent Order with a $7,475 Penalty regarding Namco, LLC for Waste Site Cleanup violations in Avon. On 6/13/06, a pallet containing forty-two (42) one-gallon containers of Pool Shock (a sodium hypochlorite solution) was accidentally knocked over at this Namco retail sales building. The accident released an unknown quantity of sodium hypochlorite inside the building. Namco would fail to notify MassDEP within the established two-hour timeframe. Later that day, an unidentified complainant observed Namco employees dumping liquids into an on-site catch basin located behind the building. An estimated 18 gallons of sodium hypochlorite solution was released into the catch basin.


Date: 5/8/07
municipality: ['Boston']
Text:
  MassDEP issued a Unilateral Order and $61,125 Penalty Assessment Notice to James Paskell as resident agent of 27-29 Mt. Vernon Street, (James Paskell resident agent) for Asbestos violations at the property in Boston. Paskell violated notification and disposal requirements. Paskell did not notify MassDEP of his intention to remove asbestos-containing shingles. In addition Paskell did not notify and improperly disposed of an asbestos covered pipe that was discovered on the property during an inspection. A settlement (Consent Order with Penalty) was being negotiated and issued in February 2007 but negotiations could not be concluded.


Date: 5/8/07
municipality: ['Gloucester']
Text:
  MassDEP executed a Consent Order with a $94,275 Penalty involving Torromeo Industries, Inc., for Wetlands, Air Pollution, Industrial Wastewater and Hazardous Waste Management violations at 33 Old Ferry Road in Methuen, MassDEP found the violations at this concrete batching and trucking facility, initially identified due to the wetlands violations in 2003, including filling of Hawkes Brook (Endangered Species Habitat) by severely eroding sand and soils stockpiles and siltation from truck washing operations. MassDEP then reported the violations to the Methuen Conservation Commission (MCC) and an Enforcement Order (EO) with specific steps to correct the violations was immediately issued. Torromeo partially complied and in October 2004, the MCC issued a second EO for additional work performed without authorization in the Riverfront Area and Buffer Zone. Torromeo partially complied again. At the request of the MCC, in June 2005 MassDEP issued Torromeo a Notice of Noncompliance and directed its attention to compliance issues. Torromeo failed to fully comply. In October 2005 and April 2006 MassDEP conducted multi media inspections of the site, including stormwater discharge monitoring, and, in addition to continuing violations of the WPA, found Air Pollution Control, Hazardous Waste, Industrial Wastewater and Solid Waste violations. Today's Order requires restoration of the wetlands followed by five years of monitoring. The Order also calls for design and implementation of a comprehensive stormwater and industrial wastewater plan to bring the site into compliance. Also, the facility will apply for and obtain any Air Quality permits and submit Source Registration/Emissions Statement Forms, properly label and perform other actions to bring the site into compliance with Hazardous Waste regulations, and remove and properly dispose of solid waste on the site. Torromeo will pay $25,875 of the Penalty ($3,075 of which is Annual Compliance Assurance Fees), and conduct a $46,200 Supplemental Environmental Project (SEP). Under that SEP, excavation and material will be removed at the Dun Fudgin Salt Marsh Restoration Project in Gloucester. The balance of the Penalty ($22,200) will be suspended in full compliance by 5/8/12.5/7/07


Date: 5/7/07
municipality: ['Uxbridge']
Text:
  MassDEP issued a Unilateral Order to Fafard Real Estate and Development Corporation and to Uxbridge Multi Family, LLC, for Wetlands violations at Crownshield Road in Uxbridge. The two are co-owners of the Ledgemere Country subdivision currently under development. During a March 2007 inspection, MassDEP the discharge of sediment and silt from an improperly functioning detention basin at the construction site into a perennial stream. Under today's Order, the owners are required to hire a wetlands specialist to evaluate the extent of damage caused to wetlands resource areas, and submit a restoration plan to MassDEP. The Order also requires an evaluation of the design of the detention basins to correct problems and assure that they function properly to protect downgradient water bodies.


Date: 5/7/07
municipality: ['Worcester']
Text:
  MassDEP issued a Unilateral Order to Worcester Commons, LLC, for Asbestos violations at their Franklin Street facility in Worcester. The corporation is the owner of this multi-story, mixed-use commercial/residential property. An inspection by MassDEP on 2/28/07 found excessive dust emissions resulting from the demolition/renovation activities that were occurring at this partially occupied structure. Further investigation revealed the presence of suspect asbestos containing materials on the first and second floors, as well as in uncontained piles of demolition debris and in an uncovered open-top trailer in the adjacent parking lot. All job activities were suspended, and appropriate corrective actions were immediately taken to secure the site. Another inspection of the property took place on 3/6/07, accompanied by company officials and representatives of its asbestos removal firm. MassDEP determined that prior notification of the asbestos removal activities had not been provided prior to the initiation of the project, and the results of all samples taken at that time confirmed the presence of asbestos concentrations. Today's Order requires the company to retain the services of a licensed asbestos abatement contractor to properly contain, handle and dispose of all asbestos-contaminated wastes on site; conduct site decontamination; submit disposal records for all materials that have already been removed from the site and disposed of; remove all remaining asbestos-containing materials prior to conducting any additional demolition/renovation activities; and finally, to store and/or dispose of any newly discovered asbestos-containing waste materials at approved transfer stations and/or approved landfill facilities. Any additional enforcement action is still pending.


Date: 5/7/07
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with Plus One Realty Trust (trustee Gary M. Cole) for Waste Site Cleanup violations at 3 Mason Street in Peabody. Specifically, the violations were for failure to submit cleanup reports by the deadline as established by MassDEP in a previously issued Notice of Noncompliance on 2/2/07. Today's Order requires the site return to compliance by 9/30/07. In addition, the Trust agreed to pay $1,000/day in stipulated penalties in the event of non-compliance.


Date: 5/4/07
municipality: ['Salisbury']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Anthony Montisanti for Wetlands violations at 81 Atlantic Avenue in Salisbury. The site is on Salisbury Beach and MassDEP found that Montisanti had constructed a fence on his property, and an elevated boardwalk and stairs over his property and onto Massachusetts property (the Department of Conservation and Recreation). No prior filings or authorization was obtained for this work. The activity was conducted on coastal dune at a barrier beach. Today's Order requires the fence be retrofitted to provide equally distributed 50% open space to allow lateral sand movement. Montisanti must, either obtain authorization (from DCR) for the structures and retrofit the boardwalk and stairs to meet certain design criteria (including maintaining an elevation above the dune long term for vegetation growth and seasonally removable stairs) or provide for the complete removal of the boardwalk and stairs with dune restoration including planting. Also required is dune function monitoring and reporting for two growing seasons. MassDEP has agreed toss suspend $9,000 of the Penalty pending full compliance by 10/31/09.


Date: 5/4/07
municipality: ['Boston']
Text:
  MassDEP entered into an Amendment (and a $2,000 Penalty) to an existing Consent Order with Todesca Equipment Company, Inc. for Waste Site Cleanup violations at 19-21 21 Lanesville Terrace in Boston (Roslindale). Specifically, the Amendment extends the deadline for submittal of response actions and requires either a Phase I Initial Site Investigation and a Tier Classification Submittal or a final outcome (Response Action Outcome) statement for the site by 12/30/07.


Date: 5/4/07
municipality: ['Boston', 'Charlemont', 'Deerfield', 'Northfield', 'Sterling', 'West Boylston']
Text:
  MassDEP issued a Unilateral Order and $59,746 Penalty Assessment Notice to the Boston & Maine Corporation (B&M) for Solid Waste violations in Deerfield, Charlemont, West Boylston, Sterling, and Northfield. MassDEP took today's actions after B&M's illegal disposal of railroad ties in the aforementioned communities. In addition, MassDEP issued a Demand for a $15,000 Suspended Penalty due to B&M's failure to prepare (as required) an Environmental Management System, the company specifically agreed to develop (terms and conditions of a previous Consent Order). That Order was also pertaining to illegal railroad tie disposal at its Northfield property.5/4/07


Date: 5/4/07
municipality: ['Charlton']
Text:
  MassDEP issued two Unilateral Orders to American Reclamation Corporation for Air Quality, Industrial Wastewater, Wetlands, Solid Waste and Hazardous Waste Management violations at its (AMREC) facility in Charlton. . The company is authorized to recycle petroleum-contaminated soils under the terms of its permit. The material is used as landfill daily cover material known as "Lan-loc". The facility also operates under the terms of several Solid Waste related Beneficial Use Determinations (BUDs), one of which authorizes the use of specific solid waste materials as a substitute ingredient in the production of "Lan-loc". The facility holds a (conditional) Air Quality permit. AMREC also has a National Pollutant Discharge Elimination System ("NPDES") permit renewal pending. Inspections of the facility were conducted by a number of MassDEP in November 2005 and March 2006. Those inspections determined that AMREC was allowing the discharge of residual wash water from concrete trucks, contaminated storm water, and water from its oil-water separator to be discharged to the surface of the ground without an approved groundwater discharge permit. Solid Waste related violations included the facility's processing of painted/coated construction and demolition debris without the necessary Solid Waste permits. Also, AMREC failed to comply with its existing BUD for the proper production of "Lan-loc", and it's disposal of, or contracting for the disposal of, solid waste at unapproved sites. Hazardous Waste Management related violations included the company's failure to comply with its permit, and failure to properly mark its hazardous waste accumulation area. Finally, it was determined that the company's failed to properly maintain its berm system resulted in the discharge of fill materials, and the alteration of an adjacent bordering vegetated wetland. The two Orders identify specific activities and timelines that need to be achieved to allow the company to return to compliance. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 5/3/07
municipality: ['South Hadley']
Text:
  MassDEP executed a Consent Order with an $80,000 Penalty involving Presstek, Inc., for Industrial Wastewater violations at 755 New Ludlow Road in South Hadley. Presstek is a litho graining company that MassDEP found was discharging an industrial wastewater/sewage to Buttery Brook on 6/1/06. and a release/threat of release of sulfuric acid to the environment began on 10/30/06, and was mitigated on or about 11/2/06. In regard to the industrial wastewater violations, Presstek was determined to have discharged solid and viscous pollutants to the sanitary sewer system that resulted in the plugging of the sewer line. Industrial wastewater and sewage discharged via a manhole to the brook. The sulfuric acid incident involved a release into a containment area inside the facility and was discharged to the atmosphere via a ventilation fan. This discharge created an ambient air plume, resulting in the evacuation of residences and businesses in the vicinity. Additionally, acid solution was in contact with other tanks of hazardous materials co-located in the containment area. The release/threat of release required a significant hazardous materials response by numerous local, state and federal agencies, and resulted in a tier 4 hazardous materials teams response (by the Department of Fire Services). Presstek was penalized for failing to immediately notify MassDEP of the release, failure to take steps to prevent the imminent hazard from occurring, handling and storing hazardous materials in a manner that caused a condition of air pollution, violating the general conditions of a previously-issued air quality permit, and causing a condition of air pollution. In response to the incidents, Presstek has taken steps to prevent discharge of solid materials to the sewer and has eliminated the litho graining process that required the storage of large quantities of hazardous materials in bulk storage tanks at the site. Presstek undertook and completed response actions for the release of sulfuric acid at the site in conformance with the state's Waste Site Cleanup regulations (Massachusetts Contingency Plan).5/3/07


Date: 5/3/07
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $31,000 Penalty regarding the Estate of Claire Page for Waste Site Cleanup violations at 1023 and 1029 East Street in Tewksbury. The property in question was in noncompliance for failure to submit Phase(d) Cleanup Reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 5/22/06. While some reports were submitted on 7/24/06, new deadlines have now been established for completing cleanup actions including the submittal of a Phase IV Plan by 6/30/08 and either a Remedy Operation Status or a Response Action Outcome (RAO) Statement by 12/31/08. MassDEP has agreed to suspend $15,000 of the Penalty pending full compliance.5/1/07


Date: 4/30/07
municipality: ['Westford']
Text:
  MassDEP executed a Consent Order with a $23,000 Penalty involving the Fletcher Granite Company, LLC for Wetlands violations at 534 Groton Road in Westford. The violations were initially identified through the Wetland Change Initiative. Upon investigation of the site and operations of the facility, MassDEP confirmed that two areas of Bordering Vegetated Wetland (BVW) had been filled totaling 16,000 square feet. Additionally, a separate area of wetland filling was observed immediately adjacent to the site on the property of an abutting quarry operation. Fletcher Granite has agreed to restore the 16,000 square feet of filled BVW and to restore an additional BVW area that had been filled at some point many years earlier. The restoration work in total will provide additional flood storage and wildlife habitat. Also, Fletcher Granite has agreed to enter into a separate ACO to restore wetland on the adjacent property contingent on getting an access agreement from the owner to perform the restoration. All restoration work will be monitored to confirm its long-term viability. MassDEP has agreed to suspend $13,500 of the Penalty.


Date: 4/30/07
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with M Norma Hartmann for Asbestos violations in Springfield. Hartmann failed to notify MassDEP prior to commencement of asbestos removal activities conducted in the basement of a rental residence. Hartmann also failed to employ appropriate asbestos removal work practices, failed to properly manage and store asbestos-containing waste, and attempted to illegally dispose of the waste. Today's Order requires air monitoring within the residence, and the proper clean up of the asbestos-containing materials.4/30/07


Date: 4/27/07
municipality: ['Ware']
Text:
  MassDEP issued a Unilateral Order to the Mascoma Land Company to initiate actions relative to its public Water Supply at an apartment and daycare facility in Ware. Mascoma is the owner of the building and is required to begin immediate use of bottled water for consumption and provide notice to users of the facility, including parents of children attending the daycare. Today's Order was issued after monitoring results showed high lead levels and requires follow-up monitoring. A prior Order with Mascoma was also modified requiring the installation of corrosion control treatment to prevent exceedences of lead and copper levels. MassDEP consulted with MassDPH regarding the action.4/27/07


Date: 4/27/07
municipality: ['Shrewsbury']
Text:
  MassDEP executed a Consent Order and a $17,150 Penalty involving Industrial Polymers & Chemicals, Inc. for numerous environmental violations at its facility in Shrewsbury. The company manufactures resin-impregnated woven fiberglass used for reinforcement in grinding wheels and other abrasive applications. The company was found to be inconsistent with good engineering practices with regard to the height of one of its exhaust stack along with other Air Quality violations. The company also accumulated hazardous wastes for periods exceeding applicable time limits, failed to properly mark and label hazardous waste containers, and failed to train its employees. In addition, the company failed to file Toxic Use Reduction Act reports for calendar year 2005. The company agreed to comply with applicable regulations and permits4/27/07


Date: 4/27/07
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Accolade Environmental Contracting Corporation for Asbestos violations at 49 Blanchard Street in Lawrence. While responding to an unrelated complaint at 49 Blanchard Street in Lawrence MassDEP personnel observed an asbestos waste trailer leased to Accolade at the site. During the inspection of the asbestos waste in the trailer, MassDEP personnel observed asbestos, which was not properly sealed in leak-tight containers. As a result of this non-compliance, Accolade was assessed a $1000 penalty. MassDEP has agreed to suspend $500 of the Penalty pending compliance by Accolade for one year.


Date: 4/27/07
municipality: ['Fitchburg', 'Worcester']
Text:
  MassDEP issued a Unilateral Order to P.J. Albert, Inc., of Fitchburg; and Ralph A. Seaver of Worcester


Date: 4/27/07
municipality: ['Bedford']
Text:
  MassDEP announced the settlement of $10,500 Penalty involving Dahar Realty/Daher Service for the Air Quality and Hazardous Waste Management violations at its gas station/automotive repair facility at 105 Great Road in Bedford. MassDEP was informed by the US Bankruptcy Court that the enforcement case against this gas station has reached a final, enforceable settlement with the Court. Through the assistance of the Commonwealth of Massachusetts Attorney General's office, MassDEP was able to cause an amendment to the Disclosure Statement involving the environmental violations. The Settlement provides the Debtors to pay a $10,500 penalty ($350/month for 30 months). Debtors are also subject to an additional $4,500 penalty if they fail to make the 30 payments on a timely basis or otherwise fail to comply. The Settlement also requires that Debtors retain a consultant with specialized knowledge of Stage II and hazardous waste requirements to inspect the business once a month for six months and then on a quarterly basis for six quarters.4/26/07


Date: 4/26/07
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with an $8,630 Penalty regarding Building 8 Associates, LLC, for Waste Site Cleanup violations at its location (3 Railroad Avenue) in Andover. Specifically, the violations were for conducting a Limited Removal action outside the regulatory timeframes set forth in the regulations and for failing to notify MassDEP as required of the release of oil/hazardous material. The corporation also failed to submit a RAM Plan prior to conducting soil removal.


Date: 4/26/07
municipality: ['Ludlow', 'Westfield']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Borges Construction for Asbestos violations in Westfield. MassDEP discovered during an inspection of the water and sewer line replacement at the Eastwood Estates section of Westfield, that Borges, which is based in Ludlow, had removed sections of asbestos-containing water line without employing the proper work practices and without prior notice to MassDEP. Although Borges had retained a licensed asbestos contractor for some of the asbestos removal, the contractor was not on site to perform this portion of the work. Borges was instructed to use a licensed asbestos contractor to collect all the waste and to inspect all of the removal areas for remnant asbestos debris. MassDEP agreed to suspend $7,000 of the Penalty pending a two-year probationary period.


Date: 4/25/07
municipality: ['Spencer']
Text:
  MassDEP issued a "Do Not Use" Order to the Town of Spencer and its Water Department due to reported Water Supply violations. The town notified MassDEP that a number of residents reported burning sensations after using town water and quickly determined that an excessive amount of sodium hydroxide had been introduced into the town's water distribution system at the Meadow Road Water Treatment plant. Spencer's public water system serves a population of approximately 7,000 people. The Order required the town to immediately notify all customers to "Do Not Use" the water until further notice, discontinue use of the sodium hydroxide feed system at the treatment plant, continue flushing the entire distribution system, continue the on-going sampling activities, and prepare and submit a summary of events and a corrective action plan to MassDEP. [This Order was terminated a day later, and replaced by a "Boil Water" Order along with the requirement that all customers receive notification to purge the water from residential fixtures. Also, the town would provide notice to all its customers of their need to boil the water prior to using and/or consuming it. MassDEP further provided the town with clear and specific information on purging the system and hot water tanks along with public notice as well as a listing of precautionary measures, to be distributed to customers. The boil order was lifted 4/27/07.]4/25/07


Date: 4/24/07
municipality: ['Weston']
Text:
  MassDEP entered into a Consent Order with a $31,650 Penalty involving the Rivers School for groundwater discharge violations in Weston. The School exceeded their effluent limitations for flow, total suspended solids, nitrate nitrogen, total nitrogen and biological oxygen demand during 2005 and 2006. MassDEP has agreed to suspend $20,650 of the Penalty if the facility does a wastewater treatment plant evaluation and repairs and/or replaces any equipment in the plant in order to achieve compliance with its effluent limitations.


Date: 4/23/07
municipality: ['Lee']
Text:
  MassDEP has entered into a Consent Order with an $8,077 Penalty regarding Oldcastle Industrial Minerals, Inc. for Air Quality violations at its facility in Lee. The company failed to apply for an Air Quality Operating Permit renewal prior to its expiration and for failure to maintain complete fuel usage and temperature monitoring records at the facility. As part of the settlement, Oldcastle will submit the renewal application, implement an environmental management system, and pay a $5,750 Penalty to the MassDEP. The remaining $3,327 will be suspended provided that Oldcastle complies with the terms.


Date: 4/23/07
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $460 Penalty involving the Pepsi Bottling Group for Hazardous Waste Management violations at its facility in Taunton. An inspection by MassDEP revealed that the company, which was registered as a Very Small Quantity Generator of hazardous waste, had not registered with the Department as a Small Quantity Generator of waste oil and had not posted appropriate emergency information near their storage area.


Date: 4/19/07
municipality: ['Randolph', 'Springfield']
Text:
  MassDEP entered into a Consent Order with an $8,000 Penalty regarding Fleet Environmental Services for Asbestos violations in Springfield. The company, which is based in Randolph, failed to properly handle and manage asbestos-containing caulking and window glazing material during a window replacement project at the Edgewater Towers in Springfield where a MassDEP inspection noted the asbestos-containing material deposited on the ground outside the building. Fleet Environmental has cooperated fully and immediately cleaned up the asbestos debris. MassDEP has agreed to suspend $4,000 of the Penalty.


Date: 4/19/07
municipality: ['Sunderland']
Text:
  MassDEP executed a Consent Order with a $1,380 Penalty involving All States Asphalt, Inc. for Hazardous Waste Management violations at its facility in Sunderland. An inspection determined the company was generating above the permitted threshold for its registered hazardous waste status. In addition to the Penalty, the company has agreed to operate within its registered status or notify MassDEP of any change in status.


Date: 4/19/07
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with Espirito Santo Museum Foundation, Inc., for Asbestos violations at the corner of Eagle Street & Bradford Avenue in Fall River. The company failed to submit written notification to MassDEP for removal of asbestos containing material. In addition the company committing violated work practices including, failure to adequately wet the material, failure to seal work area off, failure to use air cleaning equipment, failure to containerize the material in leak-tight containers and failure to label the material. Total penalty amount was $13,700, but on 10/11/06 the company submitted information to demonstrate financial inability.


Date: 4/19/07
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to, Recycle Technology for Solid Waste violations at its Charlton facility. The facility has processed Asphalt, Brick and Concrete (ABC) rubble at the site since September 2004 under the terms of a Determination of Need (DON) approval issued by the Solid Waste program. The facility also processes petroleum-contaminated soils (PCS) under the terms of an existing Class A Level 3 Recycling Permit. An inspection of the facility in March 2007 revealed the presence of an approximately 5,000-ton pile of co-mingled soil and concrete rubble. Sample results determined that the soils were contaminated with total petroleum hydrocarbons and polycyclic aromatic hydrocarbons, in violation of the conditions of the DON. Today's Order requires the company to comply with existing local Building Commission and Zoning Board enforcement Orders and cease accepting any deliveries of ABC rubble and PCS to the site. In addition, the company must cease processing on-site materials, and submit a plan for the timely removal of the 5,000-ton pile of materials to another MassDEP-approved facility for either proper disposal or recycling.


Date: 4/18/07
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with the Mass Foundation for Learning Disabilities, Inc., for Water Supply violations in Westfield. The company is the owner and operator of White Oak School, a public water supply/system in Westfield. Today's Order includes a schedule for the installation of treatment to remove arsenic or the installation of a fully compliant new source, in response to the facility's violation of the Maximum Contaminant Level for arsenic in drinking water.4/18/07


Date: 4/17/07
municipality: ['Boxford', 'Georgetown']
Text:
  MassDEP issued a Unilateral Order and $14,000 Penalty to Patrick V. Marasco, Jr., for Wetlands violations at 102 Baldpate Road in Boxford and on the abutting property at 184 Nelson Street in Georgetown. The site was initially identified through the Wetland Change Initiative. Upon visiting the site and questioning Dr. Marasco, MassDEP confirmed that approximately 8,276 square feet of Bordering Vegetated Wetland (BVW) had been altered by removal of trees, maintenance mowing and construction of a fence to enlarge an area for keeping three horses. Today's Order requires removal of the fence from the BVW and Buffer Zone, restoration of the entire altered BVW, and long term restoration monitoring on both his and the abutters property.


Date: 4/17/07
municipality: ['Easton']
Text:
  MassDEP amended an existing Consent Order with Belcher Foundry for Air Quality violations at its Easton facility that establishes an agreed-upon closure date of 7/1/07. Belcher had failed to completely meet the terms of existing Consent Orders that required the Foundry to install pollution control devices necessary to correct the dust and odor problems. The facility's operations generated extensive attention and complaints from the surrounding residential areas. Belcher Foundry cited energy costs, as well as, other factors as the reason they had not timely complied with the pollution control device installation dates.


Date: 4/17/07
municipality: ['Boston']
Text:
  MassDEP issued a Demand Letter for $40,050 of a previously-suspended Penalty to James Kelly d.b.a. Kelly Environmental for repeated Asbestos violations at 62 Boylston Street in Boston. On 3/30/07 MassDEP personnel responded to a complaint of illegal asbestos removal at 62 Boylston Street in Boston. During that inspection, MassDEP determined that James Kelly had removed asbestos containing floor tile from six dormitory units in the occupied building, without notification, or without following the proper asbestos abatement procedures. These actions violated an Administrative Consent Order with Penalty issued to Mr. Kelly on 6/29/06.


Date: 4/17/07
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Joseph Bochetti as trustee of1998 Revere Beach Parkway in Everett for Waste Site Cleanup violations. The property is within an environmental justice community. Specifically, the owner of this property failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 1/26/07. Today's Order establishes a deadline of 12/30/07 for submittal of a Phase I Report and a Tier Classification. Further, the Order contains a stipulated penalty provision for any missed deadlines.4/17/07


Date: 4/13/07
municipality: ['Newburyport']
Text:
  MassDEP issued a Unilateral Order to New Ventures Associates LLC for Solid Waste violations at the Crow Lane Landfill in Newburyport, specifically for failing to control and mitigate litter originating from the Crow Lane Landfill. The Order requires New Ventures to immediately implement measures to control and cleanup litter originating from the activities at the landfill. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 4/13/07
municipality: ['Newburyport']
Text:
  MassDEP working with the Massachusetts Attorney General's Office issued a Noncompliance Notice to New Ventures Associates LLC pursuant to the preliminary injunction entered on 10/20/06 in Suffolk Superior Court for activities at the Crow Lane landfill in Newburyport. The Noncompliance Notice ordered New Ventures to cease the receipt and placement of construction and demolition fines and residuals at the landfill until such time as the MassDEP determines that the company has returned to compliance. The notice cited New Ventures for failing to comply with the amended Court Order of 11/1/06 and 2/22/07. Among the violations include


Date: 4/12/07
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with RIRO Realty Corporation, for Waste Site Cleanup violations at 128 Newbury Street in Peabody. The corporation failed to submit Phase reports after submitting an initial Phase I to MassDEP. The corporation also failed to achieve a final outcome for the site within the established timelines. The Order requires RIRO Realty to complete all Phase reports and other cleanup actions or face stipulated penalties.


Date: 4/12/07
municipality: ['Salem', 'Wenham']
Text:
  MassDEP issued a Unilateral Order to Salem and Beverly Water Supply Board (BSWSB) for Wetlands violations in Wenham. After executing a Consent Order with BSWSB on 3/29/07 to settle other Wetlands violations, MassDEP received a complaint that BSWSB was working in a Bordering Vegetated Wetland (BVW) without authorization. MassDEP immediately inspected the site off Cherry Street on 4/10/07 and found evidence of clear-cutting of vegetation, with cut materials left in place. The vegetation removed included approximately 50-100 year old oaks and other trees, some of which formed canopy of rare and priority species habitat. Work was also performed in the Buffer Zone to BVW. Today's Order requires BSWSB to cease and desist all work, including cutting, operation of motor vehicles and equipment, removal of cut lumber, vegetation, or debris and excavation within jurisdiction of the WPA until such time as MassDEP issues additional orders relative to resource area restoration and mitigation. Additional higher-level enforcement is anticipated. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 4/12/07
municipality: ['West Tisbury']
Text:
  MassDEP executed a Consent Order with Island Children's School in West Tisbury for Water Supply violations. The School was operating an unapproved public water system. Corrective actions will include registration with the Department and all associated monitoring and reporting as a non-transient, non-community public water system.


Date: 4/12/07
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $6,350 Penalty regarding A.J. Andrews for Asbestos violations at 29 Newcomb Place in Taunton. MassDEP found the violations during the removal of asbestos containing pipe insulation from a heating system in the basement of a three family home and for committing three asbestos abatement In addition, during the removal the company failed to properly containerize and label the asbestos containing waste material and failed to properly wet the material during removal along with a failure to seal the work area and use air-cleaning equipment.


Date: 4/11/07
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving D.A. Ventures, Inc. for Waste Site Cleanup violations at 125 Main Street in Newburyport. Ventures is the successor-in-interest to the former owner of the 125 Main Street Site, a site that includes a four-story apartment building. In February 1997, a leaking underground storage tank was removed from this site. The site is not in compliance with cleanup requirements. Today's Order establishes a deadline for submittal of a Tier II Extension, as well as deadlines for submittal of a Phase II, Phase III (and, if applicable) a Phase IV. MassDEP agreed to suspend the Penalty after the company submitted (and documented) its financial inability to pay, but contingent upon the company complying with all terms of the Order.4/11/07


Date: 4/11/07
municipality: ['Great Barrington']
Text:
  MassDEP issued a Demand Letter to the town of Great Barrington for $500 due to its failure to complete response actions and comply with a previous Consent Order with the Department. Groundwater below the town garage has been contaminated by two separate releases, gasoline and fuel oil. Neither of these two plumes has been properly delineated. The Town was issued a Notice of Noncompliance by MassDEP for failure to submit Phase II/III and Phase IV in 2000. The Consent Order became effective 2/20/01 establishing deadlines for the Phase Reports. An IRA was initiated by the town in May 2001 to address contaminants found in a well on-site and a Phase II was submitted on 7/30/01. MassDEP and the town have now agreed to modify deadlines due to the unexpected extent of contamination, the need for additional work and the cost of cleanup. That modification became effective on 2/22/05 redefining the deadlines. However, a new consultant hired by the town found that the previous Phase II report was inadequate in that it did not define the extent of contamination. Therefore a Phase II addendum was submitted 1/1/06. To date, the Phase III plan has not been submitted. The most recent submittal (1/17/06) was a status report, followed by a missed deadline on 7/17/06. The plan required the product in the wells to be evaluated and recovered on a monthly basis. IRA activities appear to have been terminated. To date, the Town has not completed the required work as agreed.


Date: 4/9/07
municipality: ['Ayer']
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty involving Vitasoy for Air Pollution, Hazardous Waste and Industrial Wastewater violations at its facility in Ayer. MassDEP along with the local board of health inspected the facility on 7/20/06 after receiving odor complaints. In addition to the odor problem, the company was failing to comply with Hazardous Waste labeling and signage requirements and had failed to submit an updated staffing plan for its wastewater treatment facility. The company has agreed to implement measures that will lead to the proper control of odorous air emissions, the safe and proper handling of hazardous waste and the proper treatment of industrial wastewater


Date: 4/9/07
municipality: ['Mashpee']
Text:
  MassDEP executed a Consent Order with Stratford Ponds Condominium Trust for Groundwater Discharge violations in Mashpee. The trust is the holder of a Groundwater Discharge Permit for the Stratford Ponds Condominiums in Mashpee. Today's Order gives the trust thirty-six months to relocate the existing discharge from the wastewater facility outside the Zone II of a public water supply.4/9/07


Date: 4/9/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving William E. Baird, a Licensed Site Professional (LSP), for Waste Site Cleanup violations. Specifically, Baird made, and/or caused another person to make, false, inaccurate, incomplete or misleading statements in submittals filed with MassDEP pursuant to the requirements under Massachusetts cleanup regulations. Secondly, that Baird rendered an LSP Opinion that did not comply with the requirements. Today's Order specifies requirements that Baird must follow in order to avoid future enforcement actions.


Date: 4/9/07
municipality: ['Stoughton']
Text:
  MassDEP amended a Consent Order with the Town of Stoughton for Solid Waste violations at the Page Street Municipal Landfill in Stoughton and with TW Conroy (the "lessee") concerning the required closure and capping of the Page Street municipal landfill. The original Order (5/25/06) required the implementation of a variety of corrective actions, including final cap/closure by 12/31/06. The town and Conroy then developed a three-phased approach to achieving compliance. Phase I approved on 8/16/06, Phase II approved on 12/29/06; Phase III approved on 3/28/07 but required an amended Order to establish new/revised compliance deadlines. As approved, Phase III will utilize 570,000 cubic-yards of soil as grading and shaping material under MassDEP's unlined landfill closure policy in order to help defray the costs associated with the closing/capping of the municipal landfill. The Phase III approval also included a post-closure use of the landfill. This includes the installation and operation of a wind-turbine electric generation tower on top of the capped landfill in order to provide power to the on-site 800-ton per day construction and demolition processing and handling facility, which is under construction. Today's Order also extends the final capping deadline for the landfill three (3) years (12/31/10), in order to sufficiently allow for the implementation of the Phase III corrective action plan.


Date: 4/6/07
municipality: []
Text:
  MassDEP entered into a Consent Order with Robert Nickerson (trustee of Tudor Place Condominium Trust) relative to Waste Site Cleanup violations at 118-130 Tudor Place in South Boston. The property is within an environmental justice community and MassDEP initiated enforcement due to failure to meet submittal deadlines as established in a Notice of Noncompliance on 6/13/06. Today's Order establishes a deadline of 10/30/07 for submittal of a Phase I Report and a Tier Classification Submittal. Today's Order contains a stipulated penalty provision for any missed deadlines.4/6/07


Date: 4/3/07
municipality: ['Hatfield']
Text:
  MassDEP executed a Consent Order with the town of Hatfield for Wetlands violations at Brook Hollow Road. MassDEP found work on a road and culvert at a former bridge crossing over the Mill River in violation of the approved Order of Conditions. The town was required to obtain (and did not) both federal water quality permit from the U.S. Army Corps of Engineers and state water quality certification. The construction work impacted land under water and along the banks of the Mill River by leaving the site in an unstable condition during high flow conditions. The Order requires the Town to fully stabilize and restore the site by 8/1/07.4/3/07


Date: 4/2/07
municipality: ['Stoneham']
Text:
  MassDEP executed a Consent Order with Gerard McCarthy, the owner of 128 Franklin Street in Stoneham for Waste Site Cleanup violations. Today's Order includes timelines for submittal of Phase Reports, Release Abatement Measure and a final outcome statement. This site was first reported back in 1993 and today's action will lead to overdue cleanup of contaminated soil at the site.


Date: 4/1/07
municipality: ['Chelsea']
Text:
  MassDEP executed a Consent Order with a $15,000 Penalty involving American Finish & Chemical Company for Waste Site Cleanup violations at 1012 Broadway in Chelsea. Specifically, the violations were for failing to achieve a final or Response Action Outcome (RAO) by the deadline established (and agreed to on 2/24/06) in a previous Order. In addition to the $15,000 Penalty, the company has agreed to submit the RAO by no later than 2/28/08.


Date: 3/30/07
municipality: ['Essex']
Text:
  MassDEP executed a Consent Order with a $28,500 Penalty involving Peter Van Wyck for Wetlands violations at Apple Street in Essex. Erosion and sedimentation occurred on 1,200 square feet of bordering vegetated wetlands during construction of an underground gas pipeline. The work was performed in non-compliance with a Superseding Order of Conditions for the project (a residential subdivision). Today's Order requires immediate stabilization and maintenance of erosion controls, removal of sediment and boulders and re-vegetation of slopes at the impacted area. In addition, monitoring to restore function to the altered area is required. MassDEP has agreed to suspend $22,500 of the Penalty pending full compliance by 10/31/07. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/30/07
municipality: ['Holland']
Text:
  MassDEP issued a Unilateral Order to cease-and-desist and a $12,500 Penalty Assessment Notice to Northeast Concepts, Inc. for Wetlands violations at Mashapaug Road (assessors map 11A, plot 03) in Holland. The company is alleged to have undertaken cutting and removal of vegetation in less than 5,000 s.f. of Riverfront Area without filing a Notice of Intent with the local conservation commission and MassDEP. Today's Order is the second issued to Northeast Concepts for undertaking works in protected resource areas in Holland. The Order requires submission of a restoration plan to restore the impacted Riverfront Area.


Date: 3/30/07
municipality: ['Acton']
Text:
  MassDEP issued a Unilateral Order to Strawberry Hill Acton Realty Trust for Water Supply violations at its apartment complex in Acton. The Trust is required to connect Strawberry Hill Apartments to the Acton Water District and abandon the current water supply no later than 11/1/07. Today's Order was issued after lengthy negotiations failed to resolve ongoing violations to the on-site water supply that involves the operation of an on-site sewage disposal system that may endanger water quality.3/30/07


Date: 3/30/07
municipality: ['Acton']
Text:
  MassDEP entered into a Consent Order with 408 Massachusetts Avenue, Inc, for Waste Site Cleanup violation at the aforementioned property (a former Shell Station) in Acton. MassDEP agreed to extend the cleanup deadlines, as had been requested, in order to achieve a permanent solution.3/29/07


Date: 3/29/07
municipality: []
Text:
  MassDEP executed a Consent Order with South Grafton Water District for Water Supply violations. The District has agreed to bring the Providence Street well into compliance with rules for surface water treatment. The schedule for construction of a filtration system includes interim measures for the operational requirements until the filtration system is operational. This action will ensure that the current 2,800 residents served by this public water supply will continue to receive water that is safe and fit to drink while improvements are made.


Date: 3/28/07
municipality: ['Chicopee']
Text:
  MassDEP issued a Demand Letter for a $3,750 in Stipulated Penalties to MSR Enterprises, Inc. for Waste Site Cleanup violations in Chicopee. MSR failed to complete response actions as specified in a previous Consent Order. Located on the banks of the Chicopee River, this site is the former Bay State Refining Co., where in 1990-91 metals and petroleum contamination were found on-site, causing significant impacts to the Chicopee River bank. The source was attributable to the cooling of molten metal slag. This site was purchased by MSR on 9/18/98, and MSR initially completed a number of response actions on-site including the removal of underground storage tanks, removal of petroleum contaminated soils and temporary measures to prevent contact with soils contaminated with heavy metals. MSR had agreed to cleanup deadlines that have not been met. The deadlines for certain actions have been amended several time over five years and MSR has not completed the required work.


Date: 3/28/07
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving RDT Enterprises for Waste Site Cleanup violations at 6 Coleman Avenue in Westfield. RDT failed to comply with a previous Consent Order signed with MassDEP on 7/11/05. At that time, RDT agreed to undertake response actions including the submittal of a Tier Classification and Phase I Report; or a Response Action Outcome Statement; or demonstrate financial inability to conduct response actions by 11/16/06. To date, none of those requirements have been met. The release involves lead impacted soil and chlorinated volatile organic compounds in groundwater. The site was a former woodworking facility that currently houses several small businesses. RDT has been the owner of the site since the 1960s but according to town records, has not paid taxes to the town since 1998. In addition, the owner obtained knowledge of the release 6/10/04, but did not notify the MassDEP until 11/16/04.3/28/07


Date: 3/28/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty regarding Herb Chambers of Auburn Inc., for Wetlands violations at its 735 Southbridge Street location. MassDEP determined that activities at the auto dealership resulted in the alteration of bordering vegetative wetlands (BVW). Previously, MassDEP issued a Unilateral Order to the company to cease alteration and develop a restoration plan for approval by MassDEP. The company has now agreed to implement the approved restoration plan (7,500 square feet of BVW) and submit monitoring reports to document the successful re-establishment of wetlands vegetation at the site.


Date: 3/27/07
municipality: ['Shrewsbury']
Text:
  MassDEP issued a $13,942.50 Penalty Assessment Notice to Road Scholar Transportation for Waste Site Cleanup violations in Shrewsbury. Road Scholar (based in Clark Summit, Pennsylvania) failed to notify MassDEP after a release from a 55-gallon drum of Methyl Napthalene #5. In addition, the company initiated response actions without approval and failed to respond to a request for Information in a timely manner. Road Scholar employees punctured the drum with a forklift in the back of a tractor-trailer. It leaked into the back of the tractor-trailer, though the floor and subsequently impacted pavement, a storm drain, and eventually a wetland. After attempts to negotiate with the company failed, MassDEP issued today's Order.


Date: 3/27/07
municipality: ['Ludlow', 'Westfield']
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty involving Freitas Construction for Asbestos violations in Westfield. The company, which is based in Ludlow, had excavated water lines (pipes) insulated with asbestos and crushed the material before using it as backfill. An investigation by the MassDEP confirmed the allegations and ordered Freitas to hire a licensed asbestos contractor and a licensed consultant to oversee the clean up of the buried asbestos. MassDEP agreed to suspend $6,000 of the Penalty pending compliance over a two-year period.


Date: 3/27/07
municipality: ['Falmouth']
Text:
  MassDEP issued a $30,000 Penalty Assessment Notice to Gordon Lauzon for Waste Site Cleanup violations at 847 Main Street in Falmouth. MassDEP also issued a Unilateral Order requiring the submittal of the required cleanup information (a Tier II Classification Extension and the completion of a Comprehensive Site Assessment Report). Lauzon owns the property for which MassDEP had already issued a Notice of Noncompliance on 1/10/06 for Waste Site Cleanup violations, and Lauzon has failed to address the issues of noncompliance.


Date: 3/26/07
municipality: ['Rochester']
Text:
  MassDEP entered into a Consent Order with a $6,610 Penalty involving Murphy's Auto Salvage for Hazardous Waste Management and Groundwater Discharge regulations in Rochester. An inspection of the auto salvage facility by MassDEP found violations in the storage and management of waste oil and violations pertaining to (groundwater discharge) in the existence of floor drains that discharge to an oil/water separator and then to a leach field. The Order establishes an aggressive schedule for correcting the hazardous waste violations, and closing out the floor drains along with an assessment of the leach field. MassDEP has agreed to suspend $5,750 of the Penalty provided the company corrects all the violations and does not violate any of the regulations for one year.


Date: 3/26/07
municipality: ['Stoughton', 'Worcester']
Text:
  MassDEP entered into a Consent Order with a $49,840 Penalty involving Mass Environmental Associate (MEA) for Solid Waste violations at the town of Stoughton's landfill. MEA, of Worcester, is the contracted operator of the Page Street landfill and responsible party for the implementation of a Corrective Action Design ("CAD") permit dated 2/9/04. According to the CAD permit, the landfill was required to be capped by 10/15/04. Numerous violations included


Date: 3/26/07
municipality: ['Orange']
Text:
  MassDEP issued a $5,750 Penalty Assessment Notice to Packard Orange Realty Trust for Drinking Water violations in Orange. The Trust constructed condominium units with occupation such that a certification as a public water supply system is required, but has not yet been obtained. Further the Trust has not complied with MassDEP's previously issued Order to take actions to correct the violation and protect public health. An Orange Water Dept water main runs adjacent to the property.3/26/07


Date: 3/22/07
municipality: ['East Longmeadow']
Text:
  MassDEP executed a Consent Order with a $7,650 Penalty involving H.M. Nunes Construction for Wetlands violations in East Longmeadow. Construction work resulted in a discharge of sediment to adjacent Bordering Vegetated Wetland Areas (BVW) and impacted 1,200 s. f. of BVW that is designated as Estimated Rare Species Habitat by the Natural Heritage & Endangered Species Program.


Date: 3/22/07
municipality: ['Wilbraham']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Peter Sares for Wetlands violations at 849 Main Street in Wilbraham. MassDEP found Sares had begun filling and grading 20 feet of Bank and 0.87 acres of Bordering Vegetated Wetland (BVW) without filing a Notice of Intent with the local conservation commission and MassDEP. In addition to the Penalty, Sares has agreed to full restoration of the impacted wetland and stream areas. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/21/07
municipality: ['Russell']
Text:
  MassDEP executed a Consent Order with a $28,000 Penalty involving Texon USA for Hazardous Waste Management and Surface Water Discharge violations in Russell. The violations were discovered during the review of the facility's discharge monitoring reports as part of an inspection conducted on 3/1/06. MassDEP also observed hazardous waste management violations. Texon has agreed to correct the violations and to implement process changes to ensure compliance with its industrial wastewater discharge limits. MassDEP has agreed to suspend $14,000 of the Penalty provided Texon complies with all terms of the Order.


Date: 3/21/07
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $37,500 Penalty regarding the New England Sand and Gravel Co., for Wetlands violations at its facility off Danforth Street in Framingham. At the request of the Framingham Conservation Commission, MassDEP inspected the site where activities in the buffer zone up to, and within, resource areas, included the stockpiling of large amounts of soil that contained fine silts and clay. As a result, these soils migrated into and altered approximately one thousand square feet of Bordering Vegetated Wetland (BVW) and approximately 10,000 square feet of Bordering Land Subject to Flooding (BLSF). The alteration of BVW also included alteration of a certified vernal pool containing rare species habitat. Today's Order requires full restoration of BLSF, BVW and vernal pool habitat, along with long-term monitoring and reporting. MassDEP has agreed to suspend $7,500 of the Penalty pending compliance on 10/31/11.3/21/07


Date: 3/21/07
municipality: ['Fairhaven']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving Val Demelo for Wetlands violations in Fairhaven. A valid Order of Conditions (i.e., a permit) allowed for the construction of a single-family home, but Demelo then changed what had been approved without obtaining an amended Order. This action was taken despite Demelo having previously filed for and obtained an amended Order for other modifications. Demelo has agreed to comply with all terms of the Order or to obtain an amendment for any changes.


Date: 3/20/07
municipality: ['Salem']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty involving the City of Salem for Waste Site Cleanup violations at Winter Island Road in Salem. The city failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 5/20/05. In addition to the Penalty, today's Order establishes a deadline for submittal of a Phase II Report by 9/30/07. In addition, a Phase III Report is due by 12/30/07, a Phase IV by 3/30/08, and a final outcome due no later than 12/30/08. MassDEP has agreed to suspend $7,500 Of the Penalty pending compliance.


Date: 3/20/07
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving Putnam Investments, Inc., for Air Quality violations at its One Post Office Square location in Boston. The company installed and operated a 1.25 megawatt sized emergency diesel engine, without receipt of a written approval to do so. Putnam self-disclosed this violation subsequent to a voluntary environmental audit of its facility, and MassDEP invoked (1997) Enforcement Response Guidance Environmental Audit Policy to suspend half the Penalty provided Putnam fully complies with the Order and the underlying regulations over the next year.


Date: 3/20/07
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to Recycle Technology, LLC, ("Rec-tec") for Hazardous Waste Management violations at its facility in Charlton. MassDEP directed Rec-tec to cease accepting and processing petroleum contaminated soil unless and until local zoning and building inspector enforcement issues are resolved at the property.3/20/07


Date: 3/20/07
municipality: ['Charlton', 'Millis', 'Spencer']
Text:
  MassDEP issued a Unilateral Order to Auto Flat Car Crusher, Inc., for Waste Site Cleanup violations in Spencer. Auto Crusher, Inc., of Millis, former operator of a car crushing business located on the site of the LoConto auto salvage facility in Charlton has been directed to continue to provide bottled water to residents affected by contamination from the site and to take other necessary actions. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/19/07
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $4,200 Penalty involving August Brothers Oil, Inc (aka Tank-a-Way) for Hazardous Waste Management violations at 2 Shawsheen Road in Boston. MassDEP found the violations during a multi-media inspection including transportation of waste oil without a transporters license (Class I), improper registration for waste oil, open containers, improperly labeled containers, no delineation of waste storage area, missing emergency telephone list as well as no logs of weekly inspections of the hazardous waste storage area. In addition no training plan for employees in hazardous waste handling. In addition to the Penalty, August Brothers has agreed to correct all violations.


Date: 3/19/07
municipality: ['Boston']
Text:
  MassDEP issued a $25,076 Penalty Assessment and a Unilateral Order to J.P. Oil, Inc. for Air Quality and Hazardous Waste Management violations at its Jamaica Plain location in Boston. The company - d/b/a J. P. Metro Auto Service - is a gasoline dispensing and auto service station that has failed to comply with Stage II (vapor recovery) and management of hazards. The company has already failed to respond to a May 2005 Notice of Noncompliance and failed to respond to another MassDEP enforcement letter in July 2005. An inspection of the facility on 5/31/06 revealed the facility is in noncompliance with both the Stage II Vapor Recovery and Hazardous Waste regulations. MassDEP has made extensive efforts to resolve the matter before taking today's action. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 3/19/07
municipality: ['Auburn', 'Worcester']
Text:
  MassDEP executed a Consent Order with a $7,500 Penalty regarding SCP Family Limited Partnership for Wetlands violations on Southold Road in Auburn. MassDEP found that land clearing for agricultural purposes on property owned by the partnership resulted in silt-laden runoff discharge. The impacts included down gradient streams, the Blackstone River and it's associated flood control aqueduct in Worcester and Auburn. Today's Order requires adequate erosion and sedimentation controls be maintained at the site and monitored to prevent any further sedimentation. A portion of the Penalty ($5,625) will be suspended pending completion of a Supplemental Environmental Project (SEP). Under this SEP, Mass Audubon Society will receive assistance from SCP for implementation of an outreach project to assist homeowners and small farms with management of storm water runoff to reduce or eliminate pollutants carried to the Blackstone River. This action will result in protection of down gradient water bodies and wetlands from sedimentation damage.


Date: 3/19/07
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving E.B. Luce Corporation for Waste Site Cleanup violations in Worcester The company failed to report a release of oil from two (2) above-ground storage tanks (275 gallon capacity) within 2 hours of discovery and failing to take immediate cleanup actions. Approximately 100 cubic yards of contaminated soils were excavated and removed from the site with the source of contamination eliminated. The company has agreed to conduct a Supplemental Environmental Project (SEP), in which laminated emergency planning maps will be produced for the Worcester Emergency Management Agency and the Worcester Fire Department. These maps will allow for more efficient responses to future environmental emergencies and will result in added protection to the environment. The company will pay $2,971.27 with the remainder of the Penalty ($7,028.73) suspended pending completion of the SEP.


Date: 3/19/07
municipality: ['Acton']
Text:
  MassDEP issued a Unilateral Order to North Acton Treatment Corporation for Water Pollution Control violations in Acton. Today's Order requires immediate actions to repair the Nonset Path and Durkee Road Pump Stations. Malfunction of the Durkee Road station has resulted in two separate overflow events. The plant must conduct daily inspection of the pump stations until further notice, repair and replace all nonfunctioning components including alarms and pumps, and make staffing arrangements in order to maintain 24-hour emergency notification of a pump station malfunction. This action will prevent future overflow events and allow wastewater to be pumped to the treatment facility for proper treatment.


Date: 3/19/07
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with an $18,290 Penalty involving Thermal Circuits, Inc. for Hazardous Waste Management and Air Quality violations at its 1 Technology Way facility in Salem. During a multi-media inspection of the facility, MassDEP found hazardous waste and air quality violations such as improperly labeled containers, lack of training, inadequate aisle spacing and operating without approval as a source of emissions of Volatile Organic Compounds (VOCs) and Hazardous Air Pollutants (HAPs). The company has agreed to correct all violations and MassDEP has agreed to suspend $5,750 of the Penalty.


Date: 3/19/07
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with Independent Taxi Company for Waste Site Cleanup violations at its 223 Albany Street facility in Boston. The company failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 12/27/06. Today's Order establishes a deadline of 11/30/07 for the company to submit a Phase I Report and a Tier Classification Submittal or a final outcome (Response Action Outcome) statement. Today's Order also contains a provision for stipulated penalties for any missed ACO deadlines.3/15/07


Date: 3/15/07
municipality: []
Text:
  MassDEP issued fourteen (14) Notices of Noncompliance to Public Water Supply systems for failing to submit Drinking Water monitoring results. The violations in the 2006 fourth quarter (Oct-Dec) monitoring period included failure to monitor for various water quality contaminants including total coliform (bacteria), nitrates, lead and copper and follow-up testing. Those that received the NONs included, two (2) community systems, three (3) non-transient non-community systems (one school and one daycare); and nine (9) transient non-community systems.


Date: 3/15/07
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $1,750 Penalty regarding Ledgecrest Inc., for Wetlands violations at Arboretum Estates in Worcester. MassDEP inspected the residential subdivision site where silt-laden runoff from soils discharged to a stream and bordering vegetated wetlands (BVW) due to inadequate erosion controls. Previously, a Unilateral Order was issued that required stabilization of the area and placement of proper erosion controls. In addition to the Penalty, and complying with all terms of the Order, Ledgecrest has also agreed to a Supplemental Environmental Project (SEP). This SEP will provide funding to the Blackstone River Coalition to support a Stormwater and Low Impact Development Outreach Program.


Date: 3/15/07
municipality: ['Rutland']
Text:
  MassDEP issued a Unilateral Order to Fontaine Brothers, Inc., for Wetlands violations in Rutland. The company failed to control erosion from their project at the Glenwood Elementary School in Rutland. Soils from the project eroded and impacted a stream and wetland off the site. Today's Order requires immediate site stabilization and for the company to hire an erosion control specialist to implement the placement of erosion controls. The Order also requires an evaluation of impacts and restoration plan.


Date: 3/15/07
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with an $18,500 Penalty involving Superior Abatement, Inc. for Asbestos violations at Saint Vincent's Hospital in Worcester. MassDEP inspected an ongoing abatement project by the company (a licensed asbestos contractor) in September 2006 and found several breaches in the containment work area and evidence of asbestos-containing mastic remover located in an unsealed sanitary drain. The pipe leading from the drain had been capped enabling the contents to be pumped out and properly disposed of along with the contaminated section of pipe.


Date: 3/14/07
municipality: ['Adams']
Text:
  MassDEP issued two (2) Unilateral Orders to Holland Company for violations of the Wetlands Protection Act and the Clean Water Act in Adams. The company has been ordered to cease the discharge of aluminum sulfate (alum) to an unlined ditch and stream that occurred as a result of a release at the site. The discharge and deposition of alum impacted 400 feet of an intermittent stream. Today's Order requires the company to


Date: 3/12/07
municipality: []
Text:
  MassDEP entered into a Consent Order Paul and Terry Les, Inc. (d/b/a Route 20 Batting Cages) for Water Supply violations in Palmer. The Order addresses Route 20 Batting Cage's status as a public water system. The Order ensures necessary oversight and monitoring will occur, and that an affidavit attached to the deed will reflect the presence of public water supply activities and source.


Date: 3/12/07
municipality: ['Sterling']
Text:
  MassDEP executed a Consent Order with a $7,500 Penalty regarding Sterling Concrete, Inc., for Air Quality, Industrial Wastewater and Hazardous Waste Management violations in Sterling. The company discharged wastewater from washing truck exteriors, engines, wheels, and drum interiors to the ground and also installed and operated an air emission unit without approval (source has potential for particulate matter that is greater than one ton but less than five tons). Additionally, the company failed to notify MassDEP of its activity involving the generation and accumulation of waste oil. MassDEP inspected the facility in March 2006. In addition to the Penalty, the company is required to obtain an permit for control of particulate from its operations, and will pay double the permit fee and three years of back compliance fees.


Date: 3/12/07
municipality: ['Easton']
Text:
  MassDEP executed a Consent Order with a $575 Penalty involving Shaw Glass for Industrial Wastewater violations at its Easton facility. The company failed to have a certified operator for the Industrial Wastewater Treatment Facility. Shaw Glass has a state-issued groundwater discharge permit for its treated effluent. In addition to the Penalty, Shaw has remedied the non-compliance.


Date: 3/12/07
municipality: ['Tewksbury', 'Wakefield']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty regarding Commonwealth Tank, Inc., for Waste Site Cleanup violations at 84 New Salem Street in Tewksbury. The company, which is based in Wakefield, failed to notify a reportable release to MassDEP. In this instance, an Immediate Response Action Plan in an expeditious manner was required. The company failed to manage remediation waste, waste oil and hazardous waste accordingly. MassDEP has agreed to suspend $15,00 of the Penalty pending full compliance with all terms of the Order.


Date: 3/12/07
municipality: ['Sterling']
Text:
  MassDEP entered into a Consent Order with a $7,500 Penalty involving Sterling Concrete, Inc. for Air Quality, Industrial Wastewater and Hazardous Waste Management violations at its Sterling location. The company discharged the runoff from washing truck exteriors, engines, wheels and drum interiors to the ground and also installed and operated an air emission unit (>1 ton and <5 ton potential of particulate) without an approval. Additionally, the company failed to notify MassDEP of its activity involving the generation and accumulation of waste oil. MassDEP discovered the violations during inspections in March of 2006. In addition to paying the penalty the company is required to submit for approval its Air Quality plan for the control of particulate from its operations and pay double the permit fee and three years of back compliance fees.


Date: 3/12/07
municipality: ['Cambridge']
Text:
  MassDEP entered into a Consent Order with the City of Cambridge for Water Supply violations at its treatment plant. The city replaced potassium hydroxide feed pumps at its Fresh Pond Water Treatment Plant with larger pumps without MassDEP approval. In addition to addressing the failure, the city has agreed to a Supplemental Environmental Project (SEP). The SEP involves the preparation and implementation of a training session for municipal water supply staff on laboratory procedures for process control, and process optimization, of the City's water treatment systems.3/10/07


Date: 3/9/07
municipality: ['Uxbridge']
Text:
  MassDEP executed a Consent Order with CKA Restaurant Group for Water Supply violations at its Oyster Cabin restaurant in Uxbridge. The company has agreed to a schedule for the development of a fully compliant public water supply at this 785 Quaker Highway establishment. The restaurant will operate the water supply in accordance with the requirements of a registered source. In addition the company will apply for the appropriate permits and conduct an inspection of the on-site septic system and agrees not to expand or modify the existing use without further approvals. Today's Order will ensure the quality of water being served to the public. Under state regulations, the restaurant serves as a public water supply - transient non-community public water supply source.


Date: 3/9/07
municipality: ['Erving']
Text:
  MassDEP issued a declaration of a water emergency in response to a petition by the Erving Paper Mills, Inc. in Erving. The public water system needed to shut down its one functioning well for needed maintenance and will use an approved drinking water hauler for its water during the emergency period. The re-routing of Route 2 has temporarily disrupted the public water system facility and operations. A replacement well is not currently available, and the shut down was timed to take effect as of 3/13/07.


Date: 3/9/07
municipality: ['Paxton']
Text:
  MassDEP agreed to a Consent Order with a $1,500 Penalty involving Mark & Cynthia Love for Wetlands violations at Richards Avenue in Paxton MassDEP observed grading and filling within the wetlands buffer zone. The activities were associated with construction enhancements to a horse stable on the property and had been carried out without any notification or approval. Under today's Order, changes in drainage, and construction of a berm between the horse riding ring and an intermittent stream on the property will be undertaken in order to promote infiltration of runoff and prevent downstream impacts. The owners also agreed to provide restoration to an impacted wetland resource (1,600 square feet of bordering vegetated wetlands) on the property to satisfy a variance on record with the Department of Conservation and Recreation. The Order also includes a Supplemental Environmental Project (SEP) that provides funding to the Massachusetts Association of Conservation Commissions for the development and implementation of a workshop. The workshop will address common horse management issues that are likely to occur when horses are stabled in close proximity to wetland resources.


Date: 3/8/07
municipality: ['Peabody']
Text:
  MassDEP executed a Consent Order with Peabody Waste Material Corp., for Waste Site Cleanup violations at 27 Caller Street in Peabody. Today's Order is for failure to meet submittal deadlines set out in a Notice of Noncompliance issued on 11/24/06 and establishes a new deadline of 11/30/07 for submittal of a Phase I Report and a Tier Classification. Today's Order also contains a provision for stipulated penalties for any missed deadlines.


Date: 3/7/07
municipality: ['Holyoke', 'Wilbraham']
Text:
  MassDEP issued a $38,625 Penalty Assessment Notice to Alberto Martinez for Asbestos violations at the Waste Management handling facility on Old Boston Road in Wilbraham. Waste Management representatives reported that they found what they suspected to be asbestos in a dumpster that had been rented to contractors working at Martinez's rental property in Holyoke. The dumpster was found to contain broken pieces of transite siding as well as boiler components with asbestos residues on them.3/6/07


Date: 3/6/07
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with 31 Merrimack Street (owner Aleberto Nunez) for Waste Site Cleanup violations at the aforementioned property in Lawrence. Today's Order includes timelines for submittal of Phase Reports and final outcome (Response Action Outcome). This site was first reported in1987. Today's enforcement action will lead to the cleanup of contaminated groundwater and soil emanating from the removal of ten underground storage tanks at the site. Clean-up of this site will protect the canal leading to the Merrimack River (a source of surface-water supply) from being threatened with contamination.3/6/07


Date: 3/6/07
municipality: []
Text:
  MassDEP executed a Consent Order with Fentoon McLaughlin Trust for Waste Site Cleanup violations at 250 Washington Avenue in Winthrop. Today's Order is for failure to meet submittal deadlines set out in a Notice of Noncompliance issued on 11/22/06 and establishes a new deadline of 10/1/07 for submittal of a Phase I Report and a Tier Classification. Today's Order also contains a provision for stipulated penalties for any missed deadlines.3/5/07


Date: 3/5/07
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $25,000 Penalty involving David C. Tombarelli, trustee of Pacific VII Realty Trust, for violating the Massachusetts Hazardous Waste Management Act in Lawrence, specifically, illegal disposal of hazardous waste. In May 2006, MassDEP's Strike Force found multiple containers of hazardous waste and oil were found hidden in trash bags on Franklin Street in Lawrence, in front of a building owned by Tombarelli. MassDEP's Emergency Response contractor responded and removed the hazardous waste. Tombarelli ultimately agreed to accept responsibility for the cleanup costs and hire an environmental consultant to conduct cleanup as required. MassDEP has agreed to suspend $10,000 of the Penalty.


Date: 3/5/07
municipality: ['Chelmsford']
Text:
  MassDEP entered into a Consent Order with a Anil Kumar for Waste Site Cleanup violations at 11 School Street in Chelmsford. Kumar is trustee of Pondview Place Trust, the owner of the property. MassDEP initiated enforcement for failure to meet submittal deadlines established in a Notice of Noncompliance issued on 11/29/06. Today's Order establishes a deadline of 6/30/07 for submittal of a Phase I report and a tier classification. In addition, the Order contains a provision for stipulated penalties for any missed deadlines.


Date: 3/5/07
municipality: ['Florida']
Text:
  MassDEP executed a Consent Order with Stanley Brown for Waste Site Cleanup violations at 418 Mohawk Trail in Florida. As owner of the property, Brown operates a gasoline filling station and auto repair shop here for many years. Violations were for failure to submit a Phase IV completion report and a Response Action Outcome (RAO) by the required deadlines. Today's Order establishes a new deadline for submittal of the Phase IV completion repot or RAO. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for future noncompliance with MassDEP deadlines.3/2/07


Date: 3/2/07
municipality: ['Quincy']
Text:
  MassDEP issued a $69,250 Penalty Assessment Notice to E-Y Construction and Development, Inc., for Asbestos violations at 22 Price St. and 58 Beach Street in Quincy. MassDEP initially responded to a compliant from the City of Quincy regarding friable asbestos insulation on the ground beside a dumpster at Price Street. Subsequent investigation by MassDEP and the City led to 58 Beach Street site, where additional asbestos contaminated materials were located in the driveway. E-Y Construction was unresponsive to information request from MassDEP after the initial enforcement. This failure to respond led to the issuance of today's penalty.


Date: 3/2/07
municipality: ['Woburn']
Text:
  MassDEP issued a Boil-Water Order to the City of Woburn. A February 28 sample from a water storage tank tested positive for E. coli. Repeat samples collected on March 1 tested positive for total coliform bacteria, prompting the Boil Water Order. An inspection of the storage tank found that the roof had corroded in places, allowing birds to enter. The tank was valved off from the water system until repairs are made and the tank is properly disinfected. The city will temporarily increase the addition of chlorine within acceptable limits in order to provide the proper disinfection in the water distribution system. The Massachusetts Water Resources Authority brought in a portable chlorination unit to apply additional chlorine near the storage tank. The Boil Water Order was terminated on March 4.3/2/07


Date: 22/28/07
municipality: ['Florida', 'Springfield', 'Weston']
Text:
  MassDEP issued a $2,000 Penalty Assessment Notice to Sonny Boy Transport, Inc., for Waste Site Cleanup violations in Springfield. The company - which is based in Weston, Florida - failed to document the completion of response actions and comply with previously sent Notices involving the release and cleanup of fuel oil to pavement and catch basins along Columbus Avenue in Springfield. The release occurred on 10/16/03, when a fuel tank crossover hose ruptured on a truck owned and operated by the company. The release resulted in threats to businesses along Columbus Avenue and potential impacts to the nearby Connecticut River. Subsequent to issuing the company a Notice of Responsibility, MassDEP sent several letters to Sonny Boy, reminding them of their obligation to submit appropriate documentation regarding completion of response actions. The company failed to respond and MassDEP issued a Notice of Noncompliance in 2005. While there were cleanup actions taken on-site to address the release, there has been no response by the company or attempts to document the cleanup responses or demonstrate that a final outcome (i.e. no further action) has been achieved.


Date: 2/28/07
municipality: ['Danvers']
Text:
  MassDEP entered into a Consent Order with NIC VAN Realty Trust for Waste Site Cleanup violations at 103 High Street in Danvers. MassDEP audited the Trust's claim of Downgradient Property Status (DPS) for this property and found noncompliance issues. Today's Order establishes deadlines to complete response actions at the site, including a new deadline to submit a Tier Classification and Phase I (Cleanup) Report, and a stipulated penalty of $250 per day for any violation of the provisions of today's Order.


Date: 2/28/07
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with a $36,500 Penalty involving Sawyer Enterprise, Inc. for Wetlands violations at the Bradford Ski Area in Haverhill. The violations were initially discovered through aerial photography as part of MassDEP's "Wetland Change Initiative." An on-site inspection at South Cross Road by MassDEP later confirmed that three areas on the site (totaling 58,072 square feet) were impacted. In one area, a wooded swamp was converted to lawn, and the others inappropriate management practices resulted in fill and/or encroachment near parking and maintenance facilities. Prior to this, there had not been any request for work in the area, or authorization to conduct these activities. Today's Order requires full restoration of the areas and long term monitoring. MassDEP has agreed to suspend $16,500 of the Penalty pending full compliance by 10/31/12.2/27/07


Date: 2/27/07
municipality: ['Lynnfield', 'Saugus']
Text:
  MassDEP entered into a Consent Order with a $220,000 Penalty involving Helen McCarthy for Wetlands, Solid Waste and Hazardous Waste Management violations on her property near the Saugus River along the Saugus/Lynnfield border. The Massachusetts Environmental Strike Force and wetlands officials inspected the 72-acre parcel of land and found numerous violations surrounding the business operations of the owner's son, James McCarthy. Ms. McCarthy is required to hire a wetlands consultant, and restore and replicate the Bordering Vegetated Wetland areas ("BVW"), riverfront areas, and buffer zones. Today's Order also requires Ms. McCarthy to hire a professional engineer to assess the site for the purpose of closing or removing all solid waste disposal areas and to properly dispose of any asbestos containing material. MassDEP has agreed to suspend 70,000 of the Penalty pending full restoration and submittal of monitoring reports.


Date: 2/26/07
municipality: ['Gardner']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Francis M. Castrichini for Wetlands violations at Hosley Road in Gardner. Through the use of aerial photography, MassDEP found Castrichini working in a buffer zone without a permit as well as altering a Bordering Vegetative Wetland (BVW) and riverfront area on his property. Under today's Order Castrichini agreed to hire a wetlands specialist to identify the wetlands boundary and submit a restoration plan for approval. Completion of this project will result in restoration of one half acre of BVW and one half acre of riverfront area.


Date: 2/23/07
municipality: ['Stockbridge']
Text:
  MassDEP entered into a Consent Order with Cherry Hill Farm for Water Supply violations in Stockbridge. The Farm, which functions as a public water system, serves a number of homes in Stockbridge. The owner of this system has agreed to a schedule whereby the system will either reduce the number of connections to a level below the public water system threshold, or fully comply with all drinking water requirements for a public water system.2/23/07


Date: 2/22/07
municipality: ['Lowell']
Text:
  MassDEP issued a Unilateral Order to S & R Corporation for Wetlands violations at its 706 Broadway Street property in Lowell. MassDEP received photographs and a complaint from a U.S. Park Ranger at the Lowell National Historical Park Law Enforcement Division describing a front-end loader removing sediment/soil-laden snow from this location and dumping it into the waterway of the Pawtucket Canal in two locations. MassDEP confirmed the presence of the snow piles containing silt and soils in the Pawtucket Canal waterway that is considered Land Under a Waterway ("LUW"). No WPA filings were made or authorization given for the activity. The activity was also performed in non-compliance with the provisions of the MassDEP "Snow Disposal Guidance." Today's Order requires S & R Corp. to immediately cease and desist all activity at the site that is in violation of the regulations.


Date: 2/22/07
municipality: ['Salisbury']
Text:
  MassDEP entered into a Consent Order with a $12,250 Penalty involving William Eaton for Wetlands violations at 81 Rabbit Road in Salisbury. Eaton is trustee of 81 Rabbit Road Realty Trust, the owner of the property. After receiving a complaint, MassDEP found Eaton had recently purchased the property and was in the process of filling Bordering Vegetated Wetland (BVW) in order to "reclaim" the land and build a house. Without having filed any prior notification, 2,500 square feet of BVW had been filled by Eaton prior to MassDEP's Order to cease. Today's Order requires restoration of the BVW, long term monitoring. MassDEP has agreed to suspend $9,250 of the Penalty pending compliance by 10/31/12.2/20/07


Date: 2/16/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $20,000 Penalty involving Gail Lucier, President, of Peachtree Design Group for violating conditions of an Enforcement Order and Order of Conditions in Easthampton to restore Bordering Vegetative Wetland (BVW). Today's Order requires restoration of impacted areas (approx. half an acre) and compliance with the initially approved plan. MassDEP has agreed to suspend $10,000 of the Penalty pending compliance.


Date: 2/16/07
municipality: ['Warren']
Text:
  MassDEP issued an Order to the Court Appointed Receiver for Evergreen Mobile Home Park in Warren relative to compliance with Water Pollution Control (septic system) requirements. MassDEP required the Receiver to plug the outlet to the septic tank serving several units and to pump the tank so as to prevent the discharge of septage to the surface of the ground. MassDEP had been notified in connection with a report of discharge from the system to the surface. Massachusetts Department of Public Health is also involved in the response to the complaint.2/16/07


Date: 2/16/07
municipality: []
Text:
  MassDEP issued a Boil Water Order to the City of Methuen. A 14-inch water main broke on Friday evening, resulting in the loss of approx. 3.5 million gallons of water from a storage tank, flooding several homes and causing a loss of pressure in much of the city's east-pressure zone. MassDEP was notified and verbally issued a Boil Water Order at 10


Date: 2/15/07
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with an $40,000 Penalty regarding Papaco Realty Trust for Wetlands and Solid Waste violations at 459 Highland Avenue in Salem. The trustees - Dana Wegryzyn (nee, Dana Fiore) along with Nicholas P. Fiore, III, Anthony M. Fiore, signed as beneficiaries of the trust agreeing to the terms. MassDEP inspected the site at the request of the Salem Board of Health and found the property being rented out and used by various commercial entities including landscaping and trucking companies. Use of the property resulted in various solid waste violations including deposition of solid waste such as landscape debris, on the Bank and in portions of Bordering Vegetated Wetland (BVW) along a stream flowing through the property. Today's Order requires evaluation, removal and proper disposal of all solid waste on the property in addition to restoration of 50 linear feet of Bank and 1,000 square feet of BVW. Also required is long term monitoring. MassDEP has agreed to suspend $32,000 of the Penalty pending two years of full compliance with the Order.


Date: 2/15/07
municipality: ['Revere']
Text:
  MassDEP entered into a Consent Order with a $500 Penalty Ralph Traniello for Wetlands violations at 33 Pines Road in Revere. Today's Order requires Traniello to restore the ability of coastal floodwater to flow through an addition built on his house. Traniello allowed work in non-compliance with requirements for Land Subject to Coastal Zone Flowage on a Barrier Beach. In addition to the payment of the Penalty, Traniello will retrofit the foundation on this addition with significant "flow through" passages, and prevent refracted floodwater from coastal storms to damage life and property.


Date: 2/15/07
municipality: ['Cohasset']
Text:
  MassDEP entered into a Consent Order with a $20,370 Penalty involving William Marsden for Wetlands violations at 39 Deep Run in Cohasset. In response to a complaint from a neighbor, MassDEP inspected the site and found that 4,098 square feet of Bordering Vegetated Wetland (BVW) had been filled on the site in non-compliance with an Order of Conditions issued by the Cohasset Conservation Commission. The local con-com had allowed for drainage improvements to the residential property but the actions taken were in violation. Today's Order requires restoration of the filled wetland and long term monitoring. MassDEP has agreed to suspend $19,370 of the Penalty pending compliance by 10/31/07.


Date: 2/15/07
municipality: ['Gardner']
Text:
  MassDEP entered into a Consent Order with Garlock Printing & Converting Corporation for Industrial Wastewater violations in Gardner. This large printer failed to have a licensed wastewater treatment plant operator to oversee the operation of their industrial wastewater treatment system.


Date: 2/15/07
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $700 Penalty regarding Harodite Industries for Air Quality violations at 66 South Street in Taunton. MassDEP conducted a multi-media inspection and found the facility had not complied with the requirements for maintaining the smoke density-sensing instrument's audible alarm on their boiler. The facility has agreed to correct the violation.


Date: 2/15/07
municipality: ['Chelsea', 'Dennis', 'West Boylston']
Text:
  MassDEP entered into a Consent Order with a $4,300 Penalty involving Dennis K. Burke, Inc. for Air Pollution Control (vapor recovery) violations during gasoline delivery to a facility in West Boylston. An employee of the company - which is based in Chelsea - failed to connect Stage I vapor recovery hose during delivery. In addition to the Penalty, the company must provide all employees involved in the transportation and handling of petroleum, a training course that demonstrates the impacts of gasoline vapors on air quality.


Date: 2/15/07
municipality: ['Littleton']
Text:
  MassDEP executed a Consent Order with a $6,500 Penalty involving the town of Littleton and its Water Department for Wellhead Protection violations. Under today's Order, the town will amend zoning bylaws to assure protection of the groundwater around the public water supply wells and install a permanent disinfection system at the Whitcomb Avenue wells. A permit application for the system has been approved, and the town has agreed until further notice to conduct disinfection of the water supply.2/15/07


Date: 2/12/07
municipality: ['Acton']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty involving Empyrean International LLC for Waste Site Cleanup violations in Acton. The violations include failure to notify MassDEP within the required timeline and failure to meet the standards for submitting a final closure (Response Action Outcome). In addition to the Penalty the company has agreed to comply with all applicable requirements.


Date: 2/12/07
municipality: ['Maynard']
Text:
  MassDEP entered into a Consent Order with a $54,937 Penalty involving Jeremy Manyonda for Air Quality (Asbestos) violations in Maynard. MassDEP found Manyonda conducted an improper removal and storage of friable asbestos at his property in Maynard. The site has since been appropriately cleaned. Based on a showing of financial hardship, $49,937 of the Penalty has been suspended.


Date: 2/9/07
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $5,445 Penalty regarding Garelick Farms, LLC for Air Quality, Industrial Wastewater and Hazardous Waste Management violations at its facility in Lynn. After a fire in the facility's wastewater treatment plant, and the company failed to submit required annual Restricted Emission Status reports (under air quality regulations) MassDEP inspectors verified that the facility failed to properly manage hazardous waste (waste oil) and failed to ensure appropriate oversight of its wastewater treatment plant by a certified wastewater treatment operator. In addition to the Penalty the company has agreed to correct the violations and maintain compliance.


Date: 2/9/07
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty involving the City of Gloucester for Water Supply violations at its two Water Treatment Plants. Under a 1999 Consent Order, Gloucester agreed to improve its handling and disposal of residuals from the two plants. MassDEP agreed in 2003 to the City's plans to allow the disposal of residuals from one plant into the sanitary sewer, and to remove residuals from a lagoon at the other plant. The City did not implement the approved plans, and therefore violated the 1999 Order. The City also violated treatment technique requirements by not removing sufficient total organic carbon (TOC) from the water at one of the treatment plants. Under today's Order, Gloucester must implement the agreed disposal plans, must make improvements in residuals handling, and must conduct sampling to seek an alternative minimum TOC removal requirement. MassDEP has agreed to suspend $1,500 of the Penalty pending compliance.


Date: 2/9/07
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $22,000 Penalty involving the City of Gloucester for Water Pollution Control violations at its Wastewater Treatment Plant. The city has agreed to address the lack of operator oversight of the treatment processes during off-hour operations. At these times, the plant is susceptible to sewerage overflows due to wet-weather events impacting the collection system. In March 2006, there was a sanitary sewage overflow at the plant due to higher than normal flows to the plant and apparent blockage. Approximately 20,000 gallons of raw sewerage overflowed into a nearby storm drain catch basin flowing to the Annisquam River with impacts to the marine community and shellfish industry. The City has now agreed to staff the plant when wastewater flows may be reasonably anticipated to exceed 12 million gallons per day. Today's Order also details procedures the City is expected to follow during an emergency situation, particularly an overflow event, or any other potential environmentally damaging incident. Other agreements in today's Order include


Date: 2/8/07
municipality: ['Brimfield']
Text:
  MassDEP executed a Consent Order with a $4,000 Penalty regarding Wetlands violations by Jeffrey Paulin at Chamberlain Mountain Road in Brimfield. The reconstruction of an access road at Chamberlain Mountain Road in Brimfield was done without approval or notification (i.e. filing a Notice of Intent with the Town of Brimfield's Conservation Commission and obtaining an Order of Conditions). Site work resulted in direct impacts to approx. 50 ft. of Stream Bank and 5,000 s.f. of Bordering Vegetated Wetland (BVW). Prior to today's Order, the local commission (on 5/8/05) issued an Enforcement Order to Paulin requiring him to cease all work at the site. In order to provide enforcement assistance, MassDEP initiated a separate enforcement action to achieve site stabilization, and restoration of the area. In addition to the Penalty, Paulin is also required to restore the impacted areas.


Date: 2/8/07
municipality: ['Dalton']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty involving Water Pollution Control violations at Crane & Company Incorporated in Dalton. MassDEP found the facility had released untreated process wastewater to the Housatonic River from the facility's Pioneer Mill. The release was caused by degradation of the piping system that conveys untreated process wastewater, including cooking liquor, to Crane's industrial wastewater treatment plant. Upon becoming aware of the situation, Crane, which cooperated with MassDEP, promptly responded to the release by taking immediate corrective action and notified MassDEP. In addition to the Penalty, Crane will implement a program to evaluate its facility and address any facility component that needs to be corrected.2/8/07


Date: 2/7/07
municipality: ['Walpole']
Text:
  MassDEP issued a $36,000 Penalty Assessment Notice and a Unilateral Order to Brush Hill Realty Trust for wetlands violations in Walpole. John T. Hasenjeager, as trustee of Brush Hill Realty Trust, was issued the Notice and Order for the violations at Arlington Lane, Hancock Court, and Berkeley Drive in Walpole. Respondent started construction of a subdivision, including alteration of 8,325 s.f. of Bordering Vegetated Wetland without the required approvals in place. The project proponents obtained a local Order Of Conditions but the scale of the project also required the Trust to submit notification to the Massachusetts Environmental Policy Act (MEPA) and apply and receive a 401 Water Quality Certification from MassDEP. Today's Order mandates that these required filings be made including a complete environmental review and alternatives analysis. These filings will likely require control on the project such as stormwater management and reduction of overall pollution to wetlands and waterways. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 2/6/07
municipality: ['Medford']
Text:
  MassDEP entered into a Consent Order with Blue Sky Development, LLC for Waste Site Cleanup violations at 4080-4100 Mystic Valley Parkway in Medford. Blue Sky owns the aforementioned property, and failed to meet submittal deadlines set out in a Notice of Noncompliance issued by MassDEP on 12/6/06. Today's Order establishes a deadline of 10/1/07 for submittal of a Phase I Report and a Tier Classification Submittal and contains a provision for stipulated penalties if any deadlines are missed. .2/6/07


Date: 2/5/07
municipality: ['Becket']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty for Wetlands violations involving the Two-State Young Men's Christian Association (YMCA) facility in Becket. The facility began construction work at the dam at Rudd Pond at Camp Becket without filing a Notice of Intent with the Becket Conservation Commission. Construction work impacted 354 feet of Bank, and 1,000 s.f. of Riverfront Area. On 5/11/04, MassDEP required site stabilization and submission of a restoration plan. Under today's Order, the YMCA is required to submit a restoration plan that either will restore all impacted resource areas, or (due to limits on restoration opportunities resulting from dam safety requirements) provide for the creation of new (off-site) compensatory resource areas of BVW and Bank by 12/31/07. MassDEP has agreed to suspend $2,500 of the Penalty pending compliance after three years.


Date: 2/5/07
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $7,055 Penalty involving V&S Taunton Galvanizing, LLC for Air Quality and Hazardous Waste Management violations in Taunton. A multi-media inspection revealed the company had not complied with permitting exemption requirements for paint spray booths. Other violations included


Date: 2/2/07
municipality: ['Belchertown']
Text:
  MassDEP issued a Unilateral Order to Sunrise Properties, Inc. to cease activities related to Wetlands violations in Belchertown. Peter Galuszka, president of Sunrise Properties, Inc., was also issued a $12,000 Penalty Assessment Notice in connection with the construction of a residential subdivision in an area of Bordering Vegetated Wetlands without filing a Notice of Intent with the Belchertown Conservation Commission. Site work has involved the cutting of vegetation, clearing, and grading, which has resulted in erosion of soils and direct impact of 6,270 s.f. of wetland. As a result of the noncompliance, the local commission issued an Enforcement Order requiring site stabilization and submission of a wetland restoration plan. The local commission then requested enforcement assistance from MassDEP after the violator failed to comply. Today's Order from MassDEP requires the full restoration of the impacted wetlands in addition to the Penalty. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 2/2/07
municipality: ['Medford']
Text:
  MassDEP entered into a Consent Order with a $15,050 Penalty involving Main Street Realty Trust for Air Quality (Asbestos) violations at its 600 Main Street property in Medford. MassDEP inspected the facility and found the violations involving improper removal of asbestos after receiving a complaint from the Massachusetts Department of Occupational Safety and the Medford Board of Health. MassDEP has agreed to suspend $10,050 pending compliance over one year.2/2/07


Date: 2/1/07
municipality: ['Spencer']
Text:
  MassDEP entered into a Settlement Agreement and Consent Order with an $8,200 Penalty involving Elly Homes, LLC for Hazardous Waste violations in Spencer. MassDEP issued a (unilateral) Penalty Assessment Notice in 2006, and today's Order, signed by both sides, serves to resolve those issues. MassDEP issued a PAN in 2006.


Date: 1/31/07
municipality: []
Text:
  MassDEP entered into Consent Order with Water Leutz for Wetlands violations at 187 Plain Road in Greenfield. Leutz, who acquired the property in 2006, has agreed to submit a stabilization and restoration plan for an area along the bank of the Green River where unauthorized fill (rip rap) had previously been placed. Today's Order requires the fill/rip rap to be removed and the Bank fully stabilized by 10/01/07.1/31/07


Date: 1/29/07
municipality: ['Salisbury']
Text:
  MassDEP executed a Consent Order with a $11,000 Penalty involving Marc J. Janvrin and Holly B. Arthur for Wetlands violations at 47 Pike Street in Salisbury. Through aerial surveillance, MassDEP found - and later confirmed during an inspection - that 10,018 square feet of bordering vegetated wetland (BVW) had been filled on the property without any filings or authorization. Under today's agreement, the area will be restored and MassDEP has agreed to suspend $5,500 of the Penalty pending compliance over a period of five years.


Date: 1/29/07
municipality: ['Essex']
Text:
  MassDEP issued a Unilateral (cease-and-desist) Order to Peter Van Wyck for Wetlands violations at Apple Street in Essex. Van Wyck was previously issued a permit - aka, a Superseding Order of Conditions (SOC) - for work on a gas-utility line to be constructed in the Buffer Zone located in a right-of-way to service a residential subdivision under development. After receiving a complaint from the town, MassDEP found that the work was done in violation of the SOC and resulted in alteration to bordering vegetated wetland (BVW) from erosion. MassDEP then negotiated a conceptual agreement with Van Wyck to remedy the site and pay an administrative penalty. However, prior to signing the agreement, Van Wyck began the work and was verbally instructed that work could not proceed without a signed agreement, Van Wyck has now refused to enter into the agreement and continued site work. Today's Order requires that all site work cease immediately and provides a deadline to sign the agreement that would authorize the restoration work.


Date: 1/29/07
municipality: ['Lynn', 'Swampscott']
Text:
  MassDEP has reached an agreement with the Town of Swampscott that will result in substantial improvements - totaling $1.4 million - to the Swampscott's storm drain and sewer system. MassDEP found that bacteria-contaminated storm water discharged from the Stacey Brook outfall impacts nearby Kings Beach in Lynn. The possible health risk results in periodic swimming bans at the beach. Under the terms of the agreement, the town will undertake two projects at a cost of $1.4 million that include separation and rehabilitation of 40 combined storm water/sewer manholes and rehabilitation of approximately 43,000 linear feet of sewers. The projects will afford a much higher level of protection for Kings Beach and will result in improved infrastructure throughout the community. Swampscott must provide MassDEP with an Operation & Maintenance (O&M) schedule and permit application for the chlorination facility currently being used by Swampscott to disinfect the Stacy Brook discharge. The town will also report sewer surcharges to MassDEP, will submit a response plan in the event of overflows and a town-wide wastewater management plan to MassDEP, and will pay a $10,000 fine for the illegal connections between storm drains and the sewer system.1/29/07


Date: 1/29/07
municipality: ['Medford']
Text:
  MassDEP executed a Consent Order with CDA Realty, LLC, the owner of the property at 294 Harvard Street in Medford due to Waste Site Cleanup violations. The corporation failed to meet submittal deadlines set out in a Notice of Noncompliance issued on 10/17/06. Today's establishes a deadline of 9/30/07 for submittal of a Phase I Report and a Tier Classification Submittal. Today's Order also contains a stipulated penalties provision for any missed deadlines.1/26/07


Date: 1/24/07
municipality: ['Andover', 'Everett']
Text:
  MassDEP entered into a Consent Order with a $21,400 Penalty involving Bond Brothers for Air Quality (Asbestos) violations at Philips Academy Building in Andover. Personnel from Bond Brothers of Everett were working at the Academy in a building where improperly removed asbestos insulation was found during a MassDEP inspection. Under today's Order, Bond will provide asbestos-removal training to 12 of its field superintendents. MassDEP has agreed to suspend $3,000 of the Penalty pending compliance over two years.


Date: 1/24/07
municipality: ['North Andover']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty involving Stephen McCarthy for Wetlands violations on his property at 330 Campbell Road in North Andover. Through aerial surveillance, MassDEP found - and confirmed during an inspection - that approx 250 square feet of bordering vegetated wetland (BVW) was filled. Ongoing temporary storage and stockpiling of leaves, grass and other materials in the Buffer Zone from McCarthy's landscaping business led to the violation. These activities have been taking place without any of the required filings or authorization. Under today's Order, McCarthy has agreed to restore the impacted area, cease all activity in the Buffer Zone unless otherwise approved through the normal permit process. MassDEP has agreed to suspend $5,000 of the Penalty pending compliance.


Date: 1/24/07
municipality: ['Williamstown']
Text:
  MassDEP entered into a Consent Order with 1896 House Brookside for Water Supply violations at its facility in Williamstown. MassDEP concluded that 1896 House Brookside operates a public water system. Under today's Order, the facility is required to resume use of its original source with filtration and disinfection systems in operation. If water quantity problems occur again within the year, the facility has agreed to install a replacement source.


Date: 1/24/07
municipality: ['Blandford']
Text:
  MassDEP executed an Amendment to an existing Consent Order with the Town of Blandford relative to Water Supply violations. Blandford has agreed to address compliance issues relative to surface water treatment and disinfection byproduct standards. The town is nearing completion of a water treatment plant (estimated date of completion


Date: 1/24/07
municipality: ['Kingston']
Text:
  MassDEP entered into a Consent Order with The Clean Team for Groundwater Discharge violations in Kingston. As a follow-up to a MassDEP initiative that reviewed industrial wastewater generators, this facility was found to be discharging rug-cleaning wastewater to an on-site septic system without a discharge permit. Today's Order ensures the facility will comply with the appropriate industrial wastewater requirements pertaining to collection and disposal.


Date: 1/24/07
municipality: ['Randolph']
Text:
  MassDEP entered into a consent Order with a $1,376 Penalty involving Accurate Metal Finishing, Inc., for Hazardous Waste Management violations at its facility in Randolph. A multi-media inspection, by MassDEP revealed the company had failed to conduct annual hazardous waste personnel training, failed to keep all hazardous waste container(s) closed, and failed to designate the hazardous waste accumulation area. Accurate Metal Finishing also failed to have an up-to-date copy of a contingency plan on-site and accessible. Today's Order ensures compliance with the Hazardous Waste requirements.


Date: 1/24/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $16,620 Penalty involving BATG Environmental, Inc. for Solid Waste, Wetlands and Industrial Wastewater violations at the Charlton Landfill. In November 2005, BATG commenced closure of the facility without approval, which precipitated the numerous environmental violations. Under the agreement BATG is required to correct the violations as well as establish a $1,000,000 financial assurance mechanism for future closure activities at the facility.1/23/07


Date: 1/22/07
municipality: ['South Hadley']
Text:
  MassDEP issued a $20,477.20 Penalty Assessment Notice to Basilio Castro for Waste Site Cleanup violations in South Hadley. Castro failed to report and immediately clean up a spill of #2 fuel oil at a commercial property in South Hadley. On 6/30/06 after a significant rainstorm, MassDEP was notified by the South Hadley Fire Department that a spill of fuel oil was discovered discharging from Buttery Brook into a canal at the rear of the South Hadley Electric Light Department building on Main Street. The canal eventually discharges to the Connecticut River. After an investigation by inspectors from the town and MassDEP, the spill was determined to have originated from a commercial property at 16 Main Street. Oil was discovered in a storm drain behind the property, and oil-contaminated soil was present around the drain. MassDEP personnel interviewed the owner of the commercial property and discovered that earlier in the week the owner had retained Castro to remove an unused aboveground oil storage tank from the basement at the property. Based upon the investigation MassDEP believes that the fuel oil was spilled into the storm drain at the time of the tank removal. The property owner arranged for complete cleanup and closure of the spill, at significant expense. In a meeting and several follow-up telephone conversations with MassDEP, Castro denied that a spill occurred during the tank removal, and was unwilling to meet a second time with MassDEP to resolve the matter. This enforcement action by DEP has been appealed to the Department's Office of Administrative Appeals and will not be final until that administrative appeal is completed.


Date: 1/19/07
municipality: []
Text:
  MassDEP executed a Consent Order with 785 Centre Street with a $33,000 Penalty involving Newton Country Day School. Today's Order includes timelines for submittal of a Phase Reports and a final outcome. MassDEP has agreed to suspend $13,000 of the Penalty pending compliance. Today's Order will lead to the cleanup of contaminated groundwater and soil that was first noted during the removal of underground (oil) storage tanks on site. Approximately 91 tons of soil has been removed from the site and recycled. Clean up of this site will protect those attending the school from exposure to oils or hazardous chemicals.1/18/07


Date: 1/17/07
municipality: ['Grafton']
Text:
  MassDEP executed a Consent Order with a $1,400 Penalty regarding the Trustees of Tufts College for Industrial Wastewater violations at the University School of Veterinary Medicine in Grafton. Tufts failed to have a certified wastewater treatment plant operator overseeing their pre-treatment system. Today's Order requires Tufts to retain the services of a certified operator to ensure that three-pH adjustment systems at this facility will be adequately maintained and operated.


Date: 1/17/07
municipality: ['Medway']
Text:
  MassDEP entered into a Consent Order with an $11,490 Penalty involving the town of Medway for Hazardous Waste Management and Industrial Wastewater violations at its Department of Public Services facility. The Town washed vehicles, discharge runoff to the ground without obtaining a groundwater discharge permit. The Town also failed to follow several haz-waste management requirements, including


Date: 1/17/07
municipality: ['Lunenburg', 'Shirley']
Text:
  MassDEP entered into a Consent Order with a $16,000 Penalty with P.J. Keating Company of Delaware for Wetlands violations that occurred at their rock-quarrying facility off Leominster Road in Lunenburg and Shirley. MassDEP conducted an inspection of the facility and observed that stone dust from the facility was being discharged from a stockpiled area due to inadequate erosion controls. Sedimentation of the stone dust was being deposited in wetland resource areas on/off the property in the towns of Shirley and Lunenburg. Previously, MassDEP issued a Unilateral Order to the company requiring that the violations cease and proper erosion controls be put in place. Today, in addition to the Penalty, Keating has now agreed to restore the impacted area by submitting a plan that MassDEP will review, and to implement steps so as to prevent any future sedimentation from occurring.


Date: 1/16/07
municipality: ['Shirley']
Text:
  MassDEP issued a Unilateral Order to GFI Shirley, LLC for erosion problems associated with the subdivision construction. This represents the second Order issued to the corporation, and additional enforcement is pending.


Date: 1/16/07
municipality: ['Westport']
Text:
  MassDEP entered into a Consent Order involving the town of Westport and the former Quinn Property located at 1175 American Legion Highway in Westport. Beginning in July 1985, MassDEP (at that time DEQE), conducted cleanup (or response) actions at the site including


Date: 1/16/07
municipality: ['Nantucket']
Text:
  MassDEP issued a Notice of Audit Findings relative to Waste Site Cleanup actions conducted at 41-43 Straight Wharf in Nantucket. Numerous violations were identified at the site (aka The Toy Boat) including failure to delineate the nature and extent of contamination at the site and demonstrate a permanent solution was achieved. MassDEP conveyed the results of the audit, along with a Notice of Noncompliance that establishes a 60-day deadline to correct the violations. Ultimately, either the Response Action Outcome (RAO) needs to be demonstrated through results, or the RAO must be retracted and additional cleanup actions commence. The Respondent has informed MassDEP they cannot comply with the deadlines and has requested new deadlines to be established in a Consent Order.


Date: 1/16/07
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with an $11,020 Penalty regarding Polyonics Corporation for Industrial Wastewater and Hazardous Waste Management violations at 24 Graf Road in Newburyport. During an unannounced multi-media inspection on 10/25/06, MassDEP found Polyonics had failed to conduct hazardous waste training since 2002, failed to record time of day when conducting weekly inspections, and had satellite containers that were open, improperly labeled, and exceeded the one container per waste stream requirement. In addition, Polyonics failed to have an operation and maintenance manual and failed to have a staffing plan relative to its Industrial Wastewater requirements. This inspection was conducted as part of BWP's effort to perform more frequent routine inspections at large quantity generators of hazardous waste that have had previous MassDEP enforcement. Polyonics agreed to correct all violations; MassDEP agreed to suspend $4,020 of the Penalty pending compliance for five years.1/15/07


Date: 1/12/07
municipality: ['Granby']
Text:
  MassDEP executed a Consent Order with the Pioneer Valley Chapter #8 N.A.F.C.A., Incorporated for Water Supply violations in Granby. MassDEP has determined that due to the activities at the (private club) facility, Pioneer should be regulated as a Public Water System. Today's Order establishes time lines for the facility to come into compliance with Drinking Water regulations.


Date: 1/12/07
municipality: ['Dedham']
Text:
  MassDEP executed a Consent Order with Puffin Realty Trust for Waste Site Cleanup violations at 79 Bridge Street, in Dedham. Today's Order includes timelines for submittal of cleanup status reports including


Date: 1/12/07
municipality: ['Wakefield']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving 627 Main Street for Waste Site Cleanup violations at its property in Wakefield. June Sheridan, the owner of 627 Main Street, has agreed to a schedule under which status reports on the cleanup will be submitted, including completion (or Response Action Outcome). MassDEP has agreed to suspend $10,000 of the Penalty provided all terms of the Order are met. Today's Order will result in the cleanup of contaminated groundwater and soil and will provide opportunities to turn the property into a beneficial and productive use.1/11/07


Date: 1/11/07
municipality: ['Orange']
Text:
  MassDEP issued a Unilateral Order to Packard Orange Realty Trust in Orange. The trust owns and operates the Pioneer Place Condominiums, a facility determined to be a Public Water System. The trust failed to respond to notification and a draft administrative consent order that the facility exceeds the thresholds of a public water system. Under today's Order, the trust is required to collect and analyze water quality samples and submit information to MassDEP as it pertains to the facility complying with regulatory requirements, or develop a schedule for another conforming water supply source.1/11/07


Date: 1/9/07
municipality: ['Hampden', 'South Hadley']
Text:
  MassDEP entered into a Consent Order with a $9,000 Penalty involving the South Hadley Landfill, LLC, for Solid Waste violations that occurred in early 2006 relative to nuisance odor complaints. During an inspection, MassDEP noted a strong hydrogen sulfide characteristic of both leachate and landfill gas from the current South Hadley landfill operation. Today's Order provides for the operation of a landfill gas pretreatment system as well as certain operational safeguards. South Hadley Landfill, LLC will pay a $9,000 penalty. Under a Supplemental Environmental Project, (SEP), the corporation will donate $27,000 to the Pioneer Valley Planning Commission's vehicle-retirement program. This program is designed to reduce air and water pollution in the Connecticut River Valley (Franklin, Hampshire and Hampden counties) by removing abandoned vehicles and retiring older, less efficient vehicles.1/9/07


Date: 1/9/07
municipality: ['Lynn']
Text:
  MassDEP entered into a Consent Order with a $35,000 Penalty regarding 395 Lynnway, LLC for Waste Site Cleanup violations in Lynn. The corporation is the current owner of 395 Lynnway, a brownfield site, where the violations found included failure to comply with a previous Consent Order requiring the submittal of a Phase IV Report or final solution or (Response Action Outcome) by 6/1/06. Today's Order extends the deadlines for submittal of a Phase IV to 12/15/07 and an RAO to12/15/08. MassDEP' s enforcement actions and subsequent involvement prevented the construction of commercial buildings over soil and groundwater contaminated with vinyl chloride, metals and petroleum. MassDEP agreed to suspend half (or $17,500) of the Penalty pending compliance.


Date: 1/8/07
municipality: ['Middleborough']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Middleboro Petroleum in Middleborough for Hazardous Waste and Air Quality violations. MassDEP conducted a multi-media inspection and found the company was operating an automotive fuel dispensing (Stage II vapor recovery) facility with broken equipment, failed to perform required Stage II system maintenance and weekly inspections and failed to register as a generator of hazardous waste. In addition to the Penalty, the company agreed to maintain compliance with all applicable requirements.


Date: 1/8/07
municipality: ['Carver']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving the Massasoit Environmental Services, LLC in Carver for numerous operational issues in the groundwater discharge (permit) system. Among the violations were


Date: 1/5/07
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with J.H. Hoenig Construction Co. for Hazardous Waste Management, Solid Waste and Wetlands violations at its Brimfield facility. The company's violations included


Date: 1/5/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Churchill Coatings Corporation for Hazardous Waste Management violations at its operation in Palmer. In addition, Churchill will pay annual compliance fees totaling $7,905. An inspection of Churchill's facility in February 2006 revealed that the company violated hazardous waste management requirements by not notifying MassDEP of a change in its hazardous waste generator status. Churchill, which cooperated with MassDEP, has initiated corrective actions to address the noncompliance issues at its facility.


Date: 1/5/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $15,000 Penalty for Air Quality (Asbestos) violations at a property owned by Iqbal Murtaza in West Springfield. A complaint made by a state occupational safety inspector alleged that unprotected and unlicensed workers were removing asbestos in the basement of a rental property on Main Street in West Springfield. An investigation by MassDEP found laborers had removed asbestos from an old boiler and had placed the asbestos waste into trash bags. Murtaza, as the building owner, was responsible for ensuring that asbestos was handled properly by licensed workers. Under MassDEP's direction, Murtaza retained a licensed asbestos abatement company, which conducted cleanup and decontamination of the basement including the proper disposal of asbestos waste. MassDEP has agreed to suspend $13,500 of the Penalty pending compliance over one year.


Date: 1/5/07
municipality: ['Rehoboth']
Text:
  MassDEP entered into a Consent Order with Twin Oaks Farm Learning Center for Water Supply violations at its facility in Rehoboth. The day care center operating in Rehoboth was found to be operating as an unapproved public water supply. Today's Order requires the facility to take the necessary steps so as to comply with all applicable Water Supply regulations [310 CMR 22.00].1/5/07


Date: 1/5/07
municipality: ['Mashpee']
Text:
  MassDEP issued a Unilateral Order to Lakeside Trailer Estates for Water Supply violations at its location in Mashpee. Lakeside Estates is a regulated public water supply system providing water to residents of the mobile home park complex through an existing privately owned well and water distribution system. This system has been cited for a failure to maintain minimum water pressure within the distribution system at various service connections to mobile homes located within the complex. Lakeside has had a history of resident complaints of low water pressure, and inadequate water flow as well as a history of past Notice of Noncompliance conditions. Inadequate water pressure threatens the health and welfare of the residents in the complex as the low-pressure condition increases the potential for back flow or siphonage of potential contaminates into the distribution system and water being used by consumers. MassDEP suspects inadequate distribution system design (inadequate pipe size) as the cause for these violations. Today's Order requires the following


Date: 1/3/07
municipality: ['Leominster']
Text:
  MassDEP issued a Unilateral Order to NMJ Realty Trust and Learned Hand Realty Trust for Wetlands violations at property in Leominster, specifically clear cutting over an acre of Wetlands and Riverfront Area without a valid Order of Conditions (permit). Today's Order requires the owners to cease further activities except placement of erosion controls, flagging the wetlands in the field and providing to MassDEP a wetland restoration plan. Additional enforcement action is pending.


Date: 1/3/07
municipality: []
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Boulevard Auto Parts and Sales for Hazardous Waste Management violations at its facility in Springfield An inspection of Boulevard Auto recycling facility in January 2006 revealed that the company's hazardous waste management was in violation with several handling, storage requirements. The facility will correct the violations and MassDEP has agreed to suspend $4,000 of the Penalty pending compliance. In addition, Boulevard Auto has agreed to implement a Supplemental Environmental Project (SEP). The SEP involves translating MassDEP's hazardous waste management fact sheets into Russian and distributing them to other local auto recyclers whose employees speak Russian.1/3/07


Date: 1/2/07
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with Robert and Cheryl Noel for Waste Site Cleanup violations at 97 Upper Church Street in Hardwick. The site had been a woolen mill, toy and cabinet manufacturer and small foundry since the 1930s. In 2002, an environmental assessment of the property found that fuel-oil in soil was found at concentrations above the reportable limits. The federal EPA conducted a site assessment under a targeted "Brownfields" program. The Noels purchased the site in 2003. Today's Order requires the Noels to expedite the pace of remedial response actions at the site. The Order also serves as a Notice of Noncompliance that memorializes deadlines to complete response actions, and contains stipulated penalties for noncompliance with MassDEP regulatory deadlines.


Date: 1/2/07
municipality: ['Savoy']
Text:
  MassDEP issued a $1,000 Penalty Assessment Notice to Hill n' Dale Nominee Trust (trustee Patrick Gray) for Waste Site Cleanup violations at residential property in Savoy. Hill N'Dale Nominee Trust, Patrick Gray Trustee, was notified of its obligations in 2005 regarding a past release of heating oil from an above ground oil tank on the property, which impacted soil, groundwater and surface water on-site. There were also potential impacts to a private well located on the property. The release occurred in 1997 and the owner at that time, Patrick Gray, was notified of his obligation to complete response actions on-site. Despite repeated attempts by MassDEP to bring this site into compliance, the past owner (Patrick Gray) and the current owner (Hill N'Dale Nominee Trust, Patrick Gray Trustee) have exhibited lengthy patterns of noncompliance and failed to complete the required response actions involving a release of oil to the soil and groundwater on-site.


Date: 1/2/07
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with Rediker Software for Water Supply violations in Hampden. Rediker Software operates as a public water system without having received the required prior approval of MassDEP. Such approval is necessary in order to ensure that the water supply source is protected and water quality monitoring is conducted. Today's Order establishes deadlines for taking the specific steps required of a newly discovered public water system.


Date: 12/31/08
municipality: ['Westfield']
Text:
  MassDEP issued a Demand Letter to Baystate Home Guard Incorporate in Westfield for a $27,000 Suspended Penalty after the company was found in violation of the state asbestos regulations. In a previous Consent Order (6/1/07) MassDEP issued $34,000 Penalty to the company for asbestos removal, handling and disposal violations, but MassDEP agreed to suspend $27,000 for one year, provided the company remained in compliance. During a complaint investigation on 9/14/07, MassDEP found that Baystate Home Guard had improperly removed asbestos thermal insulation from the property's heating system, violating two of the asbestos handling regulations. Baystate is now required to pay the entire suspended penalty.12/31/08


Date: 12/31/08
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $4,000 Penalty regarding Marvic Construction for Asbestos violations at 66 Howard Street in Brockton. Marvic Construction failed to submit written notification to MassDEP for removal of non-friable asbestos containing material, and asbestos work practice violations during the removal of asbestos from this residential property. The work practice violations included; failure to ensure that asbestos remained wet during removal, and failure to containerize and label the asbestos in leak-tight containers.


Date: 12/31/08
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with an $8,090 Penalty involving Reis Asphalt, Incorporated at 99 1/2 Linden Street in New Bedford. Reis failed to notify MassDEP of a planned demolition project involving a single-family home with asbestos containing cement shingles on the exterior wall surfaces. Reis also demolished the building using heavy excavation equipment, which rendered the asbestos containing shingles friable and then failed to containerize the damaged asbestos containing materials in leak tight containers. MassDEP and Reis agreed that $6,067 of the Penalty will be suspended, provided that Reis completes a Supplemental Environmental Project (SEP). The SEP shall include providing Asbestos Supervisor training for employees of Reis Asphalt. The remainder of the penalty, $2,023 will be paid to the Commonwealth.


Date: 12/30/08
municipality: ['Randolph']
Text:
  MassDEP entered into a Consent Order with a $4,500 Penalty regarding George Zervos for Asbestos violations at 55 Stevens Terrace in Randolph. Zervos failed to submit written notification to MassDEP for removal of friable asbestos containing material, committed asbestos work practice violations during the removal of asbestos from this commercial property. Zervos has now completed cleanup of the property, including asbestos debris disposal, and agreed to pay the Penalty/


Date: 12/29/08
municipality: ['Plympton']
Text:
  MassDEP entered into a Consent Order with a $3,100 Penalty regarding Blue Heron Farms, Inc. for Wetlands violations at 72 Brooke Street in Plympton. MassDEP found the Farm had altered a wetlands resource area without a valid (permit) Order of Conditions. The Farm altered 14,000 square feet of bordering vegetated wetlands when it expanded a cranberry bog between 1993 and 1995. The alteration was identified by the MassDEP Wetlands Loss Project. In addition to the Penalty, the Farm has prepared a wetlands mitigation and wetland wildlife habitat enhancement plan to mitigate the wetlands change that occurred on the property.


Date: 12/29/08
municipality: ['Marblehead']
Text:
  MassDEP executed a Consent Order with a $35,000 Penalty involving the town of Marblehead for Wetlands violations at Stramski Way in Marblehead. MassDEP found the violations by the town's water and sewer commission in December of 2007, and issued a notice of noncompliance for discharge of pollutants. MassDEP further found bacteria concentrations in excess of secondary contact standards. These actions were undertaken without a permit, and violated the state's water quality standards and the town's storm water permit at Stramski Beach and an unnamed perennial stream flowing to the beach. In response to water quality sampling requirements, the town's water and sewer commission staff contacted the local conservation commission agent and requested permission to selectively cut some of the heavy vegetative overgrowth situated along the stream to provide access for sampling. The agent gave verbal authorization to perform only selective cutting by hand and selective hand movement of material to allow water to flow Further the agent instructed the water and sewer staff member that any additional activity; including stream channel or bank "improvement" work, would require the filing of a notice of intent. Today's Order requires full restoration of all resource areas with long term monitoring in addition to an administrative penalty of $10,000 paid with an additional $25,500 suspended after five years.


Date: 12/26/08
municipality: ['Springfield', 'Swampscott']
Text:
  MassDEP issued a $25,400 Penalty Assessment Notice to Riverview Apartments, LLC for Asbestos violations in Springfield. The LLC is located in Swampscott, but MassDEP discovered while investigating a complaint at an apartment building located in Springfield, that the building management was allowing individuals to dismantle an asbestos-insulated boiler without instituting appropriate asbestos removal, handling and disposal procedures.


Date: 12/23/08
municipality: ['Rehoboth']
Text:
  MassDEP executed a Consent Order with a $3,000 Penalty involving Indian Hills Plaza for Water Supply violations at commercial strip-mall on Winthrop Street in Rehoboth. The responsible party, Vieira Family Realty Trust (c/o Joseph Vieira, Trustee), violated permit conditions and drinking water regulations pertaining to its public water supply well. MassDEP observed excavation and heavy machinery in use within the (140-foot) protective zone around the public water supply well. The responsible party has agreed to perform several corrective actions which will help insure future compliance with the permit conditions and drinking water regulations.


Date: 12/23/08
municipality: ['Billerica']
Text:
  MassDEP with the Massachusetts Attorney General's support entered into a settlement agreement with Brandywine Corporation resolving claims that the company filled and paved over nearly five acres of freshwater wetlands at 55 Rear High Street in Billerica on a parcel now leased to a car auction firm. Under the terms of the settlement filed in Suffolk Superior Court, Brandywine will restore/construct new wetlands in a three-quarter acre portion of the site. MassDEP found that approximately five (5) acres of altered wetlands had occurred, with the scope of alteration deduced in part from comparative analysis of infrared aerial photographs. The extent of the site degradation is such that full restoration is not feasible. Accordingly, in addition to restoration of a potion of the site that could be restored, defendant is required to pay $200,000 towards a Supplemental Environmental Project (SEP) that will involve the replication of wetlands in the Concord River watershed. Additionally, Brandywine will pay $100,000 civil penalty, half suspended upon successful completion of the restoration and the SEP.12/23/08


Date: 12/22/08
municipality: ['Shrewsbury']
Text:
  MassDEP entered into a Consent Order with a $6,500 Penalty regarding Supercon, Incorporated for Hazardous Waste and Air Quality violations in Shrewsbury. During a routine inspection, MassDEP determined that the company had failed to comply with its current plan approval, which resulted in excess air emissions. In addition, Supercon failed to properly complete its hazardous waste manifests; it failed to ensure that its emergency information was properly maintained; and, it failed to plan for - and train - its personnel involved in hazardous waste management. Under the terms of today's Order, the company has agreed to comply with all applicable regulations and perform a study to determine the appropriate replacement for its air pollution control equipment. Pending proper installation of this new equipment, Supercon will be able to manage and comply with its air emissions limits.12/22/08


Date: 12/18/08
municipality: ['Stow']
Text:
  MassDEP issued a Demand for $22,250 in Suspended Penalties to J. Melone & Son, Incorporated for Waste Site Cleanup violations in Stow. The company has failed to submit a final (Response Action Outcome) statement on or before 10/1/08 as required under a previously-agreed Consent Order.


Date: 12/18/08
municipality: ['Essex']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding the town of Essex for Wetlands violations at the end of Water Street in Essex. The violations took place on a piece of town-owned land adjacent to the Essex River. The violations occurred during repaving, replacement of guard rail, and placement of a stone slope from the end of the street to the river. The work resulted in unauthorized alteration of ten linear feet of a resource area (coastal bank) and approximately 200 square feet of salt marsh. MassDEP has agreed to fully-suspend the Penalty pending full compliance with today's Order including full restoration of the impacted resource areas.


Date: 12/16/08
municipality: ['Lawrence']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding Environmental Source Corporation for Asbestos violations at 25 Shattuck Street in Lawrence. The company, a licensed asbestos removal contractor, notified MassDEP of work at 25 Shattuck Street in Lawrence. During routine inspections MassDEP personnel determined that Environmental Source had violated multiple work practice requirements. MassDEP found that the company's air cleaning machines (HEPAs) were not equipped with an operating alarm system and that dry friable asbestos debris was in the work area after the work area seal had been disassembled. Also, it was determined that the glove bag method of removal had not been performed in compliance with requirements.


Date: 12/15/08
municipality: ['Chicopee']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Rockrimmon Auto Parts and Recycling, Incorporated for Hazardous Waste, Solid Waste and Air Quality violations in Chicopee. The hazardous waste violations included failing to register as a generator of hazardous waste, not registering a waste oil burner, and housekeeping and labeling requirements for the management of hazardous waste. The solid waste violations included storing scrap tires for more than 90 days, and the air quality violation involved using a gasoline storage tank to dispense gasoline to vehicles which did not have the required vapor recovery system. Rockrimmon cooperatively worked with MassDEP and initiated corrective actions to address the noncompliance issues at its facility. The company is continuing to correct the noncompliance issues, including the timely removal of the stored scrap tires.


Date: 12/15/08
municipality: ['Hamilton']
Text:
  MassDEP entered into a Consent Order with Asbury Camp Meeting Corporation for Water Pollution Control (septic system) violations in Hamilton. Today's Order establishes a process with timelines for upgrading the septic systems of twenty-three (23) summer cottages located on corporation's property. Today's Order supersedes a previous Consent Order to bring the facility into compliance.


Date: 12/12/08
municipality: ['Egremont']
Text:
  MassDEP issued a Declaration of Water Emergency regarding the Egremont Water Department. The town petitioned MassDEP to issue this declaration so as to allow Egremont to deliver water from an approved hauler into its distribution system. Egremont was addressing a large water main break causing depletion of its stored water. The main break was located and replaced on Saturday 12/13/08.


Date: 12/11/08
municipality: ['Oxford']
Text:
  MassDEP executed a Consent Order with a $27,070 Penalty involving Henry J. LaMountain Sr., and Peter D. LaMountain for Solid Waste violations in Oxford. The violations occurred on the Federal Hill property located in Oxford. MassDEP personnel determined that approximately 600 cubic yards of unprocessed waste concrete had been illegally disposed of at the site. Today's Order requires the concrete material be removed from the property and properly disposed. MassDEP has agreed to suspend $22,070 of the Penalty pending compliance with all the requirements of today's Order. This action will help deter other contractors and/or individuals from illegally disposing of regulated materials on their properties as fill materials


Date: 12/10/08
municipality: ['Sturbridge']
Text:
  MassDEP issued a Unilateral Administrative Order to Pioneer Brewing Company, LLC, for Wastewater violations in Sturbridge. MassDEP issued the Order after receiving a request from the local board of health regarding the illegal disposal of industrial wastewater from the company's brewing processes. MassDEP personnel inspected the facility and determined that process waste water was being discharged to an underground disposal system located in a gravel parking lot located adjacent to the facility. Today's Order requires


Date: 12/9/08
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $6,960 Penalty involving ABC Disposal Services, Incorporated for Solid Waste violations at 100 North Front Street in New Bedford. The specific violations involved managing material for which it is not licensed


Date: 12/8/08
municipality: ['Lawrence']
Text:
  MassDEP issued a Unilateral Order to the city of Lawrence along with a $5,750 Penalty Notice for Drinking Water violations. The city had failed to collect the required chlorite samples for the months of May and August of 2008. As owner or operator of community water systems using chlorine dioxide for disinfection or oxidation, the city is required to conduct monitoring for chlorite. The city needs to fully comply with all applicable regulations.


Date: 12/8/08
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with Balcewicz Trucking & Salvage LTD, Incorporated for Storm Water violations at its Fremont Street facility in Worcester. Today's Order requires the company to submit a multi-sector general permit notice of intent, and develop and implement a storm water pollution prevention plan, and implement other standard operating procedures designed to lessen the impact of storm water exiting its facility.


Date: 12/8/08
municipality: ['Hudson']
Text:
  MassDEP entered into a Consent Order with a $3,000 Penalty regarding Eric Bigelow and H. Patrick Thornton for Wetlands violations in Hudson. MassDEP personnel inspected the property, adjacent to Lake Boon, at the request of the Hudson conservation commission, and found that clear-cutting of trees and site-grading activities were conducted within a wetland buffer zone, that had exceeded the scope of work allowed under a determination issued by the con-com. Placement of dredge material from the hydro-raking of Lake Boon had also caused alteration along the bank and adjacent wetlands buffer zone. These activities were carried out in violation of the terms under which the property owners received under an order of conditions. Because of Inadequate and ineffective erosion controls at the site, unstable soils eroded into Lake Boon. A Unilateral Administrative Order was initially issued by MassDEP in June of 2008 requiring that all violations cease, and certain steps be taken to stabilize the site. Today's Order establishes a schedule to complete the restoration of altered wetland areas, but under a plan that is approved by MassDEP. The restoration work will include an adjacent property also impacted. These actions will result in the restoration of a total of one-half acre of wetlands buffer zone and 35 linear feet of bank along Lake Boon.


Date: 12/8/08
municipality: ['Hudson']
Text:
  MassDEP has entered into a Consent Order with a $2,000 Penalty involving William and Linda Parker for Wetlands violations at their property located adjacent to Lake Boon in Hudson. MassDEP personnel inspected the property at the request of the Hudson conservation commission, and determined that clear-cutting of trees and site-grading activities had taken place within a wetland buffer zone. These activities exceeded the scope of work allowed under a determination issued by the con-comm. Placement of dredge material from the hydro-raking of Lake Boon had also caused alteration along the banking of the Lake and adjacent wetlands buffer zone. Inadequate and ineffective erosion controls at the site allowed the erosion of unstable soils into Lake Boon. MassDEP initially issued a cease order pertaining to ongoing actions in June of 2008, and outlined the steps needed to return the property to compliance. Today's Order establishes a schedule to complete restoration of altered wetland areas under a plan approved by MassDEP. These actions will result in restoration of a total of one-half acre of Wetlands buffer zone and 35 linear feet of bank along Lake Boon.


Date: 12/8/08
municipality: ['Dalton']
Text:
  MassDEP issued a Declaration of Water Emergency to the Dalton Fire District in Dalton. MassDEP received a petition by the Dalton Fire District that sought allowance for the District to deliver water from an approved hauler into a portion of its distribution system. The Wahconah Falls service area was affected by a water main break. While the break was located and repaired, the District proposed to deliver water directly to the storage vaults for this area. The suspected break was located and repairs were underway, and expected to take one to two days to complete.


Date: 12/4/08
municipality: ['Boston', 'Hudson']
Text:
  MassDEP entered into a Consent Order with a $5,750 Penalty involving Terra Drilling Company for Waste Site Cleanup violations at 582 Main Street, in Hudson. Specifically, Terra Drilling failed to notify MassDEP as soon as possible, but within two hours, after obtaining knowledge of a release of approximately fifteen gallons of hydraulic oil to soil at a Boston construction site. Terra Drilling agreed to pay a $2,875 with the other $2,875 suspended pending compliance with today's Order. Terra Drilling also agreed to develop and implement an Oil and Hazardous Material Release Reporting and Response Plan to be utilized by company employees, and to provide MassDEP with a copy of the Plan within 45 days. Additionally, Terra Drilling has agreed to penalties of $1,000 per day for any further violation of the release notification requirements within one year of today.12/3/08


Date: 12/3/08
municipality: ['Holden']
Text:
  MassDEP entered into a Consent Order with the town of Holden that will bring its Mason Road well field into compliance with Drinking Water Regulations. Today's Order establishes a schedule for the permitting and construction of a permanent corrosion control treatment facility for this well field. The Town will now operate a temporary treatment facility at this location, and has conducted all required lead and copper testing in accordance with the Lead & Copper Rule. No exceedences have been reported. This action will ensure that the 15,000 residents served by this "Public Water System" will continue to receive water that is safe and fit to drink.


Date: 12/3/08
municipality: ['Douglas']
Text:
  MassDEP issued a Notice of Intent to Assess a Civil Administrative Penalty (PAN) in the amount of $12,150 to Robert Kiley of Douglas for Solid Waste violations. MassDEP alleges that Kiley buried 38 computer monitors, a printer, and a snow blower engine in the back yard of his former residence prior to selling the property. Kiley is required to excavate all the buried solid waste materials and properly recycle or dispose of those materials.


Date: 12/2/08
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with a $32,000 Penalty with Haddad Service Station, Incorporated for Waste Site Cleanup violations at 205 Broadway in Somerville. As owner of the property, the company failed to meet cleanup deadlines set out in a MassDEP notice of noncompliance dated 6/5/08. Today's Order requires a phase two (assessment) report by 9/30/09, a phase three (selection of remedy) by 12/30/09; and, a phase four (implementation) report by 4/30/10. A final outcome is due no later than 10/30/10. MassDEP has agreed to suspend $22,000 pending full compliance with all terms of the Order.


Date: 12/2/08
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $1,725 Penalty regarding Bodycote Thermal Processing, Incorporated for Air Quality violations in Worcester. Specifically, MassDEP observed repeat observations of visible emissions being discharged from a tempering furnace located at the company's facility. Bodycote treats metals parts for the automotive and aerospace industries. Despite improved pre-filtering on its oil quench process, visible emissions were repeatedly observed. Under the terms of today's Order, In addition to the Penalty, Bodycote will install an afterburner to control the emissions. The proposed air pollution control equipment will eliminate visible emissions from the furnace, reduce impaired visibility, and improve the air quality in this mixed industrial/residential area, which has been designated an Environmental Justice neighborhood.


Date: 12/2/08
municipality: ['Fitchburg', 'Littleton']
Text:
  MassDEP issued a Demand for Stipulated Penalties in the amount of $3,750 to Roofblock, LTD of Fitchburg for Waste Site Cleanup violations in Littleton. Specifically Roofblok failed to comply with the cleanup provisions of a previously-agreed Consent Order executed in May 2006. Roofblok failed to submit a phase two comprehensive site assessment report or a phase three remedy action plan pertaining to the Littleton site on or before 11/15/08 as required.


Date: 12/2/08
municipality: ['Holliston']
Text:
  MassDEP issued a Notice of Intent to assess a $36,930 Civil Administrative Penalty to Donmiro Construction, a Framingham-based contractor for Asbestos violations in Holliston. In response to a request for assistance from the local health department, MassDEP conducted an inspection of an occupied residence in Holliston. MassDEP personnel observed evidence of the improper removal of asbestos-containing transite roofing materials. Today's Order cites violations of five Asbestos regulations.12/1/08


Date: 11/25/08
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty involving Nulife Real Estate Development, LLC for Waste Site Cleanup violations at 392 Blue Hill Avenue in Boston. As owner and/or operator of the property, Nulife failed to meet deadlines set out in a MassDEP notice of noncompliance issued on 3/20/07. Today's Order requires an assessment and classification or final response action by 12/8/08. MassDEP has agreed to fully suspend the Penalty pending full compliance with all deadlines.


Date: 11/25/08
municipality: ['Revere']
Text:
  MassDEP executed a Consent Order with Ric-Mer Properties, Inc. for Waste Site Cleanup violations at 20 Railroad Street in Revere. Today's Order includes timelines for submittal of an assessment and final response action outcome for a release of oil at this location, which was originally reported to MassDEP in 1999. Today's action will lead to the cleanup of the petroleum contaminated groundwater and soil identified during the 1999 removal of a 1,000 gallon underground storage tank from the property.11/25/08


Date: 11/25/08
municipality: ['Pittsfield']
Text:
  MassDEP issued a Demand for $1,000 in Stipulated Penalties involving Covanta-Pittsfield, LLC, for violations of an existing Consent Order. The company operates a municipal waste combustor facility in Pittsfield. The company, which had previously entered into an Administrative Consent Order to address, among other things, a violation with its carbon injection feed rate, failed to comply with its carbon injection feed rate for two days in October 2008.


Date: 11/25/08
municipality: []
Text:
  MassDEP entered into a Consent Order with Margaret Matheny Rei for Waste Site Cleanup violations at 1243 Liberty Street in Braintree. The Respondent is the property owner and failed to comply with the deadlines established in a MassDEP notice of noncompliance. The Department identified violation of the requirement applicable to "Activity & Use Limitation (AUL)" that was recorded at the site. In a Notice of Audit Findings/Notice of Noncompliance, a sixty-day deadline was established for the correction of these violations. Prior to the expiration of this deadline, the Department 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: 11/24/08
municipality: ['East Longmeadow', 'Westfield']
Text:
  MassDEP issued a $10,700 Penalty Assessment Notice to Pinnacle Piping Inc. for Asbestos violations in East Longmeadow. The company, which is located in Westfield, was cited for violating state asbestos regulations discovered during MassDEP's complaint investigation of a residence located in East Longmeadow. The complainant reported an asbestos-insulated boiler had been cut free prior to instituting the appropriate asbestos removal, handling and disposal procedures.


Date: 11/24/08
municipality: ['Danvers']
Text:
  MassDEP issued a Unilateral Order and a $23,570 Penalty Assessment Notice to the Estate of John and Carolyn Kossowan for Waste Site Cleanup violations at 20 Conant Street in Danvers. As owners of the property, where a release of oil occurred in March 2007 the Estate failed to submit a release notification within 120 days after obtaining knowledge of a release; failed to submit a release abatement measure plan and subsequent status report within timelines specified in the state regulations The Estate has also failed to remove remediation waste from the site of excavation within 120 days of its initial excavation. Today's Order requires the Estate to return to compliance within 120 days and to pay the Penalty within 21 days from the date of issuance.


Date: 11/21/08
municipality: ['Lee']
Text:
  MassDEP issued a Unilateral Order to Roger Scheurer of Schweitzer-Mauduit, Inc. for Wetlands violations at Laurel Lake in Lee. MassDEP issued the Order due to construction work that resulted in unauthorized alteration of jurisdictional resource areas, including not only the drawdown, but removal of substrate of the lake, placing fill (rip-rap) on the face of the dam and depositing sediment in a resource area without filing the required Notice of Intent. Today's Order requires the Respondent to immediately cause the water level in Laurel Lake to return to a normal pool level and cease and desist further activity within or upon this resource areas and associated buffer zones. The respondent is also required to submit a report to MassDEP detailing its work and any impacts caused by this work. In addition, the Respondent is required to immediately notify Massachusetts Natural Heritage and Endangered Species Program (NHESP).11/20/08


Date: 11/20/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $4,315 Penalty involving 120 Mount Pleasant, Inc. for Waste Site Cleanup violations at 106 Quincy Street in Dorchester. The company is the owner/operator of this site where a release of approximately one inch of separate phase gasoline in groundwater at the site was detected and not reported to MassDEP as required within 72 hours. In light of the fact that the party's consultant did notify MassDEP of the release (although notification was late), and appropriate actions were taken to remedy the condition, MassDEP agreed to suspend the entire Penalty, in the event that no further violations occur within one year. 120 Mount Pleasant, Inc. is also required to develop and implement for its employees and contractors a plan for how it will report and respond to oil and hazardous material releases, and to provide a copy of the plan to MassDEP within 45 days. Further, today's Order contains stipulated penalties of $1,000 per day for any violation of the requirements.11/19/08


Date: 11/19/08
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $28,580 Penalty involving Bomco, Incorporated for Hazardous Waste violations at its Gloucester facility. Bomco is a manufacturer of precision formed metal components for military and commercial applications. A multimedia inspection revealed the company was operating out of status as a large quantity generator of hazardous waste when they were registered as a very small quantity generator of hazardous waste. Today's Order requires Bomco to bring the facility into compliance. MassDEP has agreed to suspend $13,010 of the Penalty pending compliance for a period of one year.


Date: 11/18/08
municipality: ['Otis']
Text:
  MassDEP issued a Demand Notice to Daniel S. Burack for $500 in Stipulated Penalties for failing to meet terms of a Consent Order involving Hayden Pond in Otis. Burack was required to receive a Negative Determination from the Conservation Commission, or that he would file a Notice of Intent prior to conducting activities/work at the subject site. Work was conducted wherein fill was placed in the riverfront area of the west branch of the Farmington River, without any filing of a Notice of Intent. This constituted a violation of regulations and the Consent Order.


Date: 11/18/08
municipality: ['Sterling']
Text:
  MassDEP issued a Unilateral Order to the town of Sterling's Department of Public Works requiring the town to keep the Worcester Road Wells out of service due to elevated levels of perchlorate in Well #2C. The maximum contaminant level for perchlorate was reported to have been exceeded in October 2008, and was identified through the routine monitoring conducted for the supply. The Worcester Road Wells were already taken off-line for maintenance, and through today's Order the town is required to keep the wells off-line until authorization from MassDEP is issued to reactivate them. The town will also continue to test for perchlorate and conduct an investigation to determine the possible causes of the perchlorate contamination. A report to MassDEP is required within 30 days that will describe the corrective measures taken. MassDEP has also issued requests for information to a nearby facility and to a blasting company in order to determine whether blasting activities may have contributed to the perchlorate concentrations detected in the well. These actions will ensure that the 8,020 residents served by the public water supply will continue to receive water that is safe and fit to drink.11/17/08


Date: 11/17/08
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with a $63,000 Penalty involving the Hardwick Landfill, Inc for Solid Waste violations in Hardwick. MassDEP issued an Administrative Consent Order to Hardwick Landfill, Inc. for various violations observed at the Hardwick Landfill. As part of the settlement, Hardwick Landfill, Inc. will pay a $63,000 penalty. The landfill is currently undergoing closure.11/17/08


Date: 11/14/08
municipality: ['Northborough']
Text:
  MassDEP entered into a Consent Order with a $1,950 Penalty involving Aero Tec Environmental Inc. for Asbestos violations in Northborough. Gregory W. Harding is a licensed asbestos removal contractor d/b/a Aero Tec Environmental Inc. was conducting work on 5/20/08 at the Northborough Rod & Gun Club. Under the terms of the Order, Harding has agreed to comply with all applicable regulations in the future, and pay a $1,700 Penalty. An additional $250 was suspended provided that the company has no additional violations for a one-year period.


Date: 11/14/08
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with George Makrigiannis for Waste Site Cleanup violations at 371 Beacon Street in Somerville. Makrigiannis is the owner of the property and has agreed to comply with timelines including the submittal of a permit extension by 11/14/08. Thereafter, a status (or completion) report on the immediate response actions taken is due by 1/31/09. Also, a report on phase two is due by 6/30/09, a phase four report by 8/30/09 and a final response action statement by 1/31/10. This site was originally reported to MassDEP in 1992 and today's enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil.11/14/08


Date: 11/13/08
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with a $34,500 Penalty involving Boston Financial Data Services, Inc. for Air Quality violations at 2000 Crown Colony Drive, Quincy. The violations involved the installation and operation of two emergency generators at its facility without having received the required written approval from MassDEP. The facility, however, proactively informed MassDEP that it had installed and operated the emergency generators. The facility has subsequently filed the required (non-major) comprehensive plan application. In addition to the Penalty, the facility agreed to pay $2,080 in unpaid compliance fees. MassDEP has agreed to suspend $17,250 of the Penalty amount pending continued compliance by the facility for the next six months.11/10/08


Date: 11/7/08
municipality: ['Holden']
Text:
  MassDEP issued n Holden. ECC formerly operated a printed circuit board manufacturing facility in Holden, but the company ceased operations in July 2005. The facility has been unoccupied since that time and MassDEP found nine Hazardous Waste Management violations.


Date: 11/7/08
municipality: ['Holden']
Text:
  MassDEP issued a Unilateral Administrative Order to ECC Corporation of Holden for Hazardous Waste Management violations and issued a Notice of Intent to Assess a $40,520 Penalty. This facility formerly operated a printed circuit board manufacturing facility but ceased operations in July 2005. The facility has been unoccupied since that time. ECC failed to take the necessary actions required to secure and close the facility appropriately, leaving numerous tanks, drums and other containers of hazardous wastes and raw chemical products in the facility. From February 26 through to April 02 of 2007, representatives of the U.S. Environmental Protection Agency and its contractor conducted clean-up activities at the site. Today's' Order requires the company to


Date: 11/6/08
municipality: ['East Longmeadow']
Text:
  MassDEP executed a Consent Order with East Longmeadow Department of Public Works for Water Supply violations at in East Longmeadow. East Longmeadow's recent lead and copper monitoring report showed that it had exceeded the allowable action level for lead. Today's Order includes requirements to investigate the cause of the exceedence, conduct public education and conduct corrective actions. East Longmeadow will be working with the EPA's Office of Research Development during this investigation to improve its understanding of such water quality issues in public water systems that use this type of disinfection process.


Date: 11/6/08
municipality: ['Wales']
Text:
  MassDEP entered into a Consent Order with the town of Wales regarding Public Water Supply compliance at its renovated Senior Center. The town has agreed to conduct the required testing on this facility which is served by a single well and operates as a public water supply. The town will seek and obtain the proper permits by January 2009.


Date: 11/6/08
municipality: ['Granby']
Text:
  MassDEP executed an Amendment to an existing Consent Order with Bachelor Knolls for Water Supply compliance at its location in Granby. MassDEP agreed to allow Bachelor Knolls additional time - until 12/31/09 - to locate and install a new public water supply source (well) or to install reserve tank.


Date: 11/6/08
municipality: ['Shelburne']
Text:
  MassDEP executed a Consent Order with a $5,432 Penalty involving Sayagyi U Ba Khin Memorial Trust for Drinking Water violations in Shelburne. MassDEP found that the Trust, which operates the Vipassana facility in Shelburne, had installed a new source and a new storage tank, making substantial modifications to its public water system without prior approval. Under the terms of today's Order, MassDEP has agreed to suspend $860 of the Penalty and the Trust has agreed to seek and obtain the required permits for the tank and well, in addition to other system improvements.


Date: 11/6/08
municipality: ['Russell']
Text:
  MassDEP entered into a Consent Order with a $35,000 Penalty involving Peachtree Design Group, Inc. for Wetlands violations in Russell. The violations occurred during the construction of two single family homes. Peachtree clear cut trees along approximately 90 feet of river bank, and a swath of land approximately 100 feet wide in the buffer zone of Russell Pond. In addition, upland construction activities resulted in erosion and transport of sediment into Russell Pond, altering approximately 210 square feet of land under water. Today's Order requires the Group to submit and implement a stabilization plan and a restoration plan. MassDEP has agreed to suspend $10,000 of the Penalty pending full compliance with the terms of the Order.


Date: 11/6/08
municipality: ['Saugus']
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty involving Patty's Auto Parts, Incorporated for Waste Site Cleanup Violations at 2A Salem Turnpike in Saugus. Patty's is the owner and/or operator of the property, and has failed to meet deadlines required by a previous Consent Order executed on 5/26/05. Today's Order requires a phase three (remedy selection) report by 3/1/09, a phase four (implementation) by 6/1/09, and a final response outcome by 1/1/11. In addition to the Penalty, today's Order contains a provision for stipulated penalties for any missed deadlines.


Date: 11/5/08
municipality: ['Boston', 'Everett']
Text:
  MassDEP issued a Notice of Noncompliance to Wood Waste of Boston, Inc. for Solid Waste violations at 85-87 Boston Street in Everett. Wood Waste operates a construction and demolition waste processing facility where on three separate days during October 2008, MassDEP confirmed dust and odors from this facility's activities resulted in the creation of nuisance conditions and conditions of air pollution in the area around the facility. Today's Notice directs Wood Waste to immediately cease creating a condition of air pollution and take the necessary actions to prevent nuisance conditions and conditions of air pollution from recurring; and, to operate and maintain this facility in compliance with the site assignment and any permits/plan approvals.


Date: 11/5/08
municipality: []
Text:
  MassDEP sent twenty (20) Notices of Noncompliance to various mercury-added lamp manufacturers under the state's Mercury Lamp Certification Enforcement. MassDEP informed the manufacturers that have not submitted compliance certifications and/or data on the number of lamps they offer for sale in Massachusetts as required by MassDEP. These regulations were promulgated under the state's Mercury Management Act. MassDEP also sent a separate Notice of Noncompliance to the trade association that was responsible for implementing a mercury lamp recycling public education plan on behalf of manufacturers.


Date: 11/4/08
municipality: ['Millbury']
Text:
  MassDEP executed a Consent Order with a $6,000 Penalty involving Cesyl Mills Inc. for Air Quality Control violations in Millbury. MassDEP fond the company was violating smoke and odor regulations. In addition to the Penalty, the company has agreed to comply with all applicable regulations and apply for a non-major air quality plan approval.


Date: 11/3/08
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with a $9,570 Penalty involving Air Quality Experts for Asbestos violations in Amherst. Today's Order involves violations that occurred at the University of Massachusetts in Amherst. During MassDEP's inspection of an asbestos removal operation at the Leach dormitory on 6/28/07, MassDEP observed that the asbestos notification for this work had expired on 6/15/07, but the company continued working despite being instructed by university representatives to submit a new notification. Rather than immediately notifying MassDEP in order to extend the work date, the notification form was altered at the work site by company's site supervisor. MassDEP has agreed to suspend $4,770 pending the company's full compliance for a one-year probationary period.


Date: 11/3/08
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty involving Pittsfield Plastics for Hazardous Waste Management violations in Pittsfield. The violations were discovered during MassDEP's inspection which found the company's hazardous waste and waste oil generation was not meeting some of MassDEP's hazardous waste management requirements, and was operating without an air pollution control plan approval. Some of the hazardous waste management violations entailed missing signs and labels for containers of hazardous waste and waste oil, not clearly delineating areas where containers of hazardous waste and waste oil were being stored, failing to keep containers of hazardous waste closed, and failing to have adequate aisle space for the storage of hazardous waste. The company, which cooperated with MassDEP during enforcement negotiations, has been working to address the compliance issues. Under today's Order, MassDEP has agreed to suspend $10,000 of the Penalty pending compliance with the terms of the agreement which includes the implementation of a hazardous waste reduction plan.


Date: 11/3/08
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with a $6,000 Penalty involving VCA Montgomery Road (a division of VCA Animal Hospital) for Water Pollution Control (wastewater) violations in Westfield. The facility was found to have violating state regulations governing hazardous waste management, air pollution control, and industrial wastewater during an inspection by MassDEP. The inspection revealed that the company was operating an animal crematory without an air pollution control plan approval, did not post the required signage and properly mark its hazardous waste storage area. Also, via its septic system, the facility was discharging wash/rinse water generated from the processing of x-ray film without a groundwater discharge permit. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance with the terms and conditions of the agreement. The company has agreed to dismantle its crematory unit and maintain compliance.


Date: 11/3/08
municipality: []
Text:
  MassDEP entered into a Consent Order with Mayhew Steel for Toxics Use Reduction Act violations in Shelburne Falls. In response to the receipt of a MassDEP Notice of Noncompliance on 5/21/08 regarding hazardous waste management violations, Mayhew Steel obtained the services of a consultant and performed an extensive self-audit of their entire facility. Mayhew Steel then disclosed to the MassDEP, that it needed to comply with TURA reporting requirements. Under the terms of today's Order, Mayhew Steel will be required to file reports of chemical usage for the years 2005, 2006 and 2007 and submit plan summaries for the years 2005 and 2008. In addition, the company will pay the associated annual compliance assurance fees for each of these years, and pay late filing fees of $1000 for each of these three years.11/3/08


Date: 11/3/08
municipality: ['Upton']
Text:
  MassDEP entered into a Consent Order with Riverside Community Mental Health & Retardation Center, Incorporated for Water Supply violations in Upton. Today's Order establishes an enforceable schedule for the development of an approved non-transient, non-community public water system at this facility. Further, the owner is required to operate the on-site well in accordance with the requirements for a public water supplier, which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements, and recording the public water supply in the registry of deeds. Through this Order, the owners also agree not to expand the facility to result in an increase in water demand unless first approved by MassDEP. This action will ensure that anyone served by this public water system will continue to receive water that is safe and fit to drink.11/3/08


Date: 10/31/08
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with Gill Pond Realty Trust for Waste Site Cleanup actions at the former Zimble Drum site in Norwood. The Trust owns the site, which is currently vacant though the Trust plans to redevelop the property into residential condominiums. The Trust has applied for a Brownfields Covenant Not to Sue through the Massachusetts Attorney Generals' office. A review of the 'covenant' revealed that $1,800 is due to MassDEP for prior removal of drums from the site and that the property. MassDEP and the Trust entered into today's Order to settle the payment of the past costs and establish new deadlines for submitting required submittals.10/31/08


Date: 10/31/08
municipality: []
Text:
  MassDEP issued a Declaration of a Water Emergency to the Whatley Water District following the petition of the District. Today's action enables the District to use an alternate water source so it can repair its water storage tank as required. Repairs to the tank were required following bacteria detections and a boil order.10/30/08


Date: 10/30/08
municipality: ['Gloucester']
Text:
  MassDEP executed a Consent Order with Gloucester Marine Railways Corp., for Waste Site Cleanup violations at 81 Rocky Neck Avenue in Gloucester. GMRC is the owner/operator of a site where it failed to submit applicable phased-cleanup reports and a final outcome statement within the deadlines. After MassDEP notified GMRC of its noncompliance, the company contacted MassDEP with a proposed schedule to return the site to compliance, which is memorialized in today's Order. Today's Order establishes stipulated penalties (of $1,000 per day) for any future violations involving today's Order.


Date: 10/30/08
municipality: ['Westport']
Text:
  MassDEP issued a Unilateral Order to the town of Westport (the Highway Department) for excavating beach sediments at East Beach and depositing them onto another part of the barrier beach without an Order of Conditions. Today's Order requires the Highway Department to cease and desist the activities and to contact and coordinate with MassDEP in order to schedule an Enforcement Conference in the near future.10/29/08


Date: 10/29/08
municipality: []
Text:
  MassDEP entered into an Amendment to an existing Consent Order with George A. Kelly for Waste Site Cleanup violations at 758 Union Street in West Springfield. As the owner of the property, Kelly agreed that while there had been considerable delay in performing required response actions at this location, he noted considerable resources had been diverted to another cleanup. Today's Order establishes new deadlines including a 12/15/08 submittal of a revised cleanup implementation plan and a deadline of 2/27/09 for submittal of as-built construction report and a final inspection and completion statement.


Date: 10/28/08
municipality: ['Marlborough']
Text:
  MassDEP entered into an Agreement with Superior Printing Ink Co. of Marlborough for Toxics Use Reduction Act (TURA) violations. Under today's Agreement, the company will implement a Supplemental Environmental Project (SEP) that calls for water conservation measures and submit its late 2005 Toxics Use Reduction Act (TURA) report. The water conservation includes implementing a $98,000 closed-loop non-contact cooling water recycling system that will save between 3.5 million and 8.3 million gallons of water per year, depending on the plant's operating capacity. If Superior completes this SEP by 12/15/08, MassDEP will waive all but $9,857 of the $37,607 it initially proposed for the TURA violation.10/28/08


Date: 10/28/08
municipality: ['Worcester']
Text:
  MassDEP issued a $46,412.50 Penalty Assessment Notice to the Bruce LaPierre, d/b/a Certified Residential Roofing and Siding for Asbestos violations in Worcester. MassDEP observed the violations during an October 2006 inspection of an asbestos removal project being conducted by the Company at a Worcester residence.


Date: 10/27/08
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with a $5,350 Penalty involving William Street Corp. for Asbestos violations at 100 North Front Street in New Bedford. The company failed to notify MassDEP for a demolition operation involving asbestos containing materials (ACM), in violation of MassDEP regulations. The company failed to adequately remove ACM from the facility component prior to the demolition of the building.


Date: 10/28/08
municipality: ['Attleboro']
Text:
  MassDEP was informed by Attorney General Martha Coakley's office that Mantrose-Haeuser Company and Zinsser Company entered into a settlement agreement with resolving the MassDEP enforcement case involving alleged Air Quality and other environmental laws at an Attleboro manufacturing facility, which is located in a residential neighborhood adjacent to the Ten Mile River. The companies have agreed to pay $2 million in Civil Penalties and $300,000 toward two Supplemental Environmental Projects (SEPs). Under each SEP, a program to benefit public health and the environment will be drafted, funded and implemented by Mantrose and Zinsser.10/27/08


Date: 10/22/08
municipality: []
Text:
  MassDEP Suspended the Hazardous Waste Transporter License of New York-based Price Trucking Corp. for failing to pay hazardous waste transporter fees owed on shipments of hazardous waste collected from Massachusetts generators. Price has so far paid only $50,000 of $108,000 in accumulated fees. MassDEP will not lift the license suspension until Price pays the entire overdue balance.10/22/08


Date: 10/22/08
municipality: ['Charlton']
Text:
  MassDEP executed a Consent Order with a $1,200 Penalty involving Incom, Inc. for Hazardous Waste Management violations in Charlton. During a MassDEP review of the operations at another Incom facility, the company noted it was generating hazardous waste for the last two years than it is allowed by its registered status. The company promptly re-registered and notified MassDEP of its violation. Today's Order requires the company to comply with applicable regulations and pay a $1,200 Penalty (of which $1,050 in unbilled and unpaid compliance assurance fees for 2006 and 2007). This action will ensure proper management of hazardous waste going forward.10/22/08


Date: 10/21/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty involving the Bowdoin Construction Corp. for Demolition (Air Quality) violations at 482 Bennington Street in East Boston. MassDEP responded to the location as a result of a call from the Boston Fire Department. During the inspection MassDEP personnel observed that a subcontractor of Bowdoin was demolishing the building at the site. This demolition was performed without notifying the Department as required the by the regulations. MassDEP has agreed to suspend $500 of the Penalty pending compliance for a period of one year.10/21/08


Date: 10/21/08
municipality: ['Chelsea', 'Revere']
Text:
  MassDEP was notified of a Settlement in Suffolk Superior Court involving Global Petroleum and Irving Oil relative to the release of oil to Chelsea Creek and Mill River. The Massachusetts Attorney General's Office and MassDEP reached a settlement with Global Petroleum and Irving Oil as to responsibility for the 2006 spill of about 18,000 gallons of fuel oil. The spill contaminated the Chelsea River and Mill Creek in Revere and Chelsea. The oil was released from a fuel loading dock jointly owned and operated by Irving Oil Corporation, Irving Oil Terminals Inc. (together, "Irving"), and Global Petroleum Corp. ("Global"). Under the settlement, Irving and Global will pay a total of $312,500 into the Natural Resource Damages Trust. On 3/8/06, during maintenance work, contractors hired by Irving removed at least one check-valve, leaving an uncapped pipeline. Global personnel then attempted to transfer fuel oil through the open pipeline, spilling about 20,000 gallons of oil, approximately 18,000 of which flowed into the Chelsea River and Mill Creek. The Commonwealth is holding both Irving and Global responsible for the unpermitted release under the Massachusetts Clean Waters Act. The companies are being assessed a $50,000 civil penalty for this violation. The complaint also alleges that neither Irving nor Global took steps required under Massachusetts regulations to assess whether further remediation of the impacts of the spill was required. Irving filed an unsupported report that concluded no further action at the site was required, and Global ratified and adopted Irving's conclusions. The Commonwealth is imposing a $50,000 civil penalty for the Parties' failure to perform the required assessment. A $12,500 civil penalty was assessed for damage to natural resources. A Supplemental Environmental Project (SEP) which directs the Parties to pay into the Natural Resource Damages Trust a sum of $200,000 to help mitigate the environmental impacts of spills at and around the site. In addition to the penalty, the Parties must comply with cleanup regulations and submit a revised final (Response Action Outcome) report for the site.10/20/08


Date: 10/17/08
municipality: ['Plainville']
Text:
  MassDEP entered into a Consent Order with a $3,017 Penalty involving Waste Management for Solid Waste violations at LoRusso Corporation in Plainville. Waste Management contracted with LoRusso for the disposal of a short paper fiber waste material at this facility which is not approved to accept such material for re-use or disposal at their organics recycling facility. Waste Management's action constituted a Solid Waste violation. Waste Management will pay a penalty of $3,017. In addition, Waste Management has agreed to fund and conduct a Supplemental Environmental Project (SEP) which will involve an Electronic Waste Collection day in a Massachusetts community.


Date: 10/17/08
municipality: ['New Ashford']
Text:
  MassDEP executed an Amendment to an existing Consent Order with Silverleaf Resorts in New Ashford regarding compliance with septic system (Title 5 - Water Pollution Control) regulations. Today's Order provides for Silverleaf to use an existing Title 5 facility on its property at Snowy Owl Resort in New Ashford


Date: 10/17/08
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with Macs Contracting, Inc. for Asbestos violations at 130 Portland Street in Boston. On 8/12/08, MassDEP personnel responded to a request from the Boston Fire Department and Boston Police Department to inspect the location. During that inspection, MassDEP personnel determined that Macs had commenced demolition/renovation at the site without notifying MassDEP and that the demolition/renovation had impacted asbestos containing material. This material had not been removed prior to demolition work, as is required by the regulations. MassDEP has agreed to suspend half ($12,787.50) of the Penalty provided Mac's demonstrates full compliance with all applicable regulations for a period of one year.


Date: 10/17/08
municipality: ['Saugus']
Text:
  MassDEP executed a Consent Order with Lavoie's Ballard Landing, Inc. for Waste Site Cleanup violations at 130 Ballard Street in Saugus. Specifically, the violations identified are


Date: 10/16/08
municipality: ['Westford']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty involving Granite State Concrete Co., Inc. for Solid Waste and Wetlands violations at 520 Groton Road in Westford. The company operates a ready-mix concrete business at this location where the violations were found during a MassDEP inspection in December of 2006 and March 0f 2007. Initially, MassDEP observed the changes using aerial photography and later confirmed on-site the alteration of 1,000 square feet of bordering vegetated wetland, 50 feet of riverbank and 500 square feet of land under water. These alterations were not authorized by any permits. Staff additionally found a dumping ground and other various piles of solid waste on the property without any authorization. The document requires restoration of all wetland resource areas and removal of all solid waste according to plans approved by MassDEP. The viability and long term monitoring of the restored area is also required. . MassDEP has agreed to suspend $11,962.50 of the Penalty pending compliance with all terms of the Order.


Date: 10/16/08
municipality: ['Quincy']
Text:
  MassDEP executed a Consent Order with a $20,000 Penalty involving Demetrios Vardakostas as trustee of Bostonia Nominee Trust for Waste Site Cleanup violations at 555 Southern Artery in Quincy. The Trust owns the property on which it has failed to submit the assessment reports (Phase II and III) within the established deadlines as set forth on 1/2/08 in a previous Consent Order. An extended deadline has been given in today's Order but with a return to compliance required along with the cleanup actions, including a final cleanup outcome (Response Action Outcome Statement) by no later than 8/1/10. In addition, Vardakostas has agreed to pay the suspended $20,000 administrative penalty if he fails to comply with the terms of the Order.10/16/08


Date: 10/16/08
municipality: ['Paxton']
Text:
  MassDEP entered into a Consent Order with Grandview Golf Management LLC for Water Management violations at its Kettle Brook Golf Course in Paxton. The LLC will correct violations and includes an enforceable schedule for metering its water use. The usage will determine if the facility triggers the requirements for a permit under the Act, testing and reporting requirements. Today's Order will ensure water use that is protective of the public and environmental resources.


Date: 10/16/08
municipality: []
Text:
  MassDEP entered into a Consent Order with Peter E. Knox, as trustee of Fairlane Homes Water Supply violations in Lunenberg for violations of the Safe Drinking Water Act regulations at the Fairlane Mobile Home Park. Today's Order includes an enforceable schedule to connect the Park to the existing Lunenburg Water District. This action will ensure that the 50 residents of the Park will continue to receive safe potable water supply.10/16/08


Date: 10/15/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $650 Penalty involving New England Environmental for Wetlands violations in Greenfield. The violations were found in connection with construction work supervised by NEE in the Green River in Greenfield. That work occurred without the proper installation of turbidity controls required by a permit (a Superseding Order of Conditions) issued for the project. The failure to do so resulted in sediment discharging to the river. The property owner and contractor hired NEE to oversee compliance with the permit during construction. In addition to the Penalty, today's Order requires the respondent to undertake a Supplemental Environmental Project (SEP) with a minimum cost of $1,875. The SEP includes providing training to local Conservation Commissions and contractors regarding compliance with wetlands regulations.


Date: 10/14/08
municipality: ['Hampden']
Text:
  MassDEP entered into a Consent Order with Mary Lyons Nursing Home for (septic system) Water Pollution Control violations in Hampden. The Nursing Home failed to address violations at a large septic system at this facility. The Home is presently operating its system as a tight tank following a failure of the system. The Order provides for the continued operation as a tight tank on an interim bases and establishes a schedule for a return to full compliance with the regulations through construction of a replacement system.10/10/08


Date: 10/10/08
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $2,020 Penalty involving Silver City Aluminum Corp., for Hazardous Waste, Air Quality and Water Pollution Control violations in Taunton. A multimedia inspection revealed the company had not complied with requirements to provide training for employees who handle hazardous waste. The company also failed to document installation and operation of air emissions units and requirements relative to operation of the industrial wastewater pretreatment system. Today's Order ensures compliance with all applicable regulations.10/10/08


Date: 10/9/08
municipality: ['West Boylston']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty involving Central Coating Company Inc. for Air Quality violations at 165 Shrewsbury Street in West Boylston. Following an inspection by MassDEP, the company applied for and received a new air permit and has agreed to the penalty and to maintain compliance.


Date: 10/9/08
municipality: ['Framingham']
Text:
  MassDEP executed a Consent Order with the Cumberland Farms Company for Waste Site Cleanup violations at 876 Edgell Road in Framingham. This site first reported a gasoline-related contamination in 2003. This enforcement action adopts deadlines in 2008-2009 towards a final cleanup solution regarding the petroleum contaminated groundwater and soil emanating from the release of an unknown quantity of gasoline into the environment.


Date: 10/8/08
municipality: ['Fall River']
Text:
  MassDEP entered into a Consent Order with a $10,782 Penalty involving Browning Ferris Industries for Hazardous Waste, Water Pollution Control and Solid Waste violations at its Fall River facility. A multimedia inspection revealed the company had not complied with the requirement to provide training for employees who handle hazardous waste and the discharge permit requirements for its industrial wastewater. A separate inspection revealed off-site nuisance odor conditions and insufficient landfill cover materials. Today's Order ensures compliance with all applicable regulations and requires a final closure and capping date for the current active area.


Date: 10/7/08
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $19,050 Penalty involving Martins Construction Company, Inc. for Asbestos violations at 130 Portland Street in Boston. On 8/12/08 MassDEP responded to a request from the Boston Fire Department and Boston Police Department to inspect the property where Martins had commenced demolition/renovation at the site without properly notifying MassDEP and that said demolition/renovation had impacted asbestos containing material which had not been removed previously as required by the regulations. MassDEP agreed to suspend $9,525 of the Penalty provided Martins comply with all applicable regulations for two years.


Date: 10/07/08
municipality: ['Abington']
Text:
  MassDEP entered into a Consent Order with the former Olsen Machine and Tool Company for Waste Site Cleanup violations at 225 Wales Street in Abington. MassDEP audited the final closure statement (Class A-2 Response Action Outcome) already submitted for this site. Violations identified included failure to delineate the nature and extent of contamination at the site and failure to demonstrate that a permanent solution had been achieved. MassDEP conveyed the results - in a Notice of Audit Findings/Notice of Noncompliance. The Notice of Audit Findings also established a 60-day deadline for the Respondent to correct the violations and/or conduct the necessary response actions. The Respondent cannot comply with the Notice of Audit Findings deadlines and new deadlines were established in order to bring this site back into compliance by 9/15/10.


Date: 10/6/08
municipality: ['Needham']
Text:
  MassDEP entered into an Agreement with Coca Cola Bottling of New England for late-filing of it Toxics Use Reduction Act report for its Needham facility. Under a Supplemental Environmental Project (SEP) the soft drink maker will pay a $7,500 Penalty and implement a three-part, $39,000 water conservation project to be completed by the end of this year. The company's goal is to reduce water use by up to 7,000 gallons per day through recovery and recycling of wastewater, for a projected annual water savings of nearly 1.4 million gallons.10/6/08


Date: 10/3/08
municipality: ['Becket']
Text:
  MassDEP issued a Unilateral Order to Philomena Goodwin for Chapter 91 violations at 182 Goodwin Road (Center Pond) in Becket. At that location, MassDEP found construction and operation of a dock on the lake. Today's Order requires either the submission of an application for a license under Chapter 91 of the Public Waterfront Act, or removal of the dock within 30 days.


Date: 10/2/08
municipality: ['Everett']
Text:
  MassDEP executed a Consent Order with a $33,000 Penalty involving Ciro's Foreign Car Repair, Inc. for Waste Site Cleanup violations at 107 Broadway in Everett. Specifically, the violations included failure to meet cleanup deadlines established in a Notice of Noncompliance that MassDEP sent to the company on 4/30/08. The company must now submit a Tier II Extension by 10/20/08, an assessment (Phase II) by 6/30/09, followed by the selection and implementation (Phase III by 3/30/09 and Phase IV by 6/30/09) and a final outcome (an RAO Statement) by no later than 10/20/10. MassDEP has agreed to suspend $28,000 of the Penalty pending compliance and ability to meet deadlines.


Date: 10/1/08
municipality: ['Tewksbury']
Text:
  MassDEP issued a Unilateral Order to Robert Scarano, manager of the Orchard Street Developers Trust, for Water Pollution Control violations in Tewksbury. Today's Order was issued in response to failure of a wastewater pump station, resulting in sewer backups and unauthorized sewer discharges to a nearby wetland


Date: 9/30/08
municipality: ['Fitchburg']
Text:
  MassDEP executed a Consent Order with a $30,000 Penalty involving Dean Column Company, Inc. for Air Quality, Solid Waste, Industrial Wastewater and Hazardous Waste Management violations in Fitchburg. Multiple inspections of the facility conducted in 2006 and 2008 revealed the violations. The company has agreed to comply with all applicable environmental regulations, convert to compliant coatings, and pay the Penalty. MassDEP has agreed to suspend an n additional $42,310 Penalty provided the company does not violate any regulations for one year.


Date: 9/30/08
municipality: ['Warren']
Text:
  MassDEP issued a $1,900 Penalty to P & P Transport of Warren for failing to undertake and document as required the completion of response actions and comply with MassDEP's previous "Notice of Responsibility" involving the release/cleanup of fuel oil to the pavement and soil along the Massachusetts Turnpike in Warren. The release occurred on 6/20/96 when a truck owned by P & P jack-knifed, impacting the guard rail, and caused a release of 20 gallons of fuel oil from a saddle tank. Due to P&P's refusal to accept responsibility and hire a contractor to address the cleanup, MassDEP engaged the services of an environmental firm to address the release. Contaminated soil was removed and disposed of under the supervision of the MassDEP. While P&P paid MassDEP's oversight charges when invoiced, P & P has not responded to subsequent "Notices" nor submitted documentation necessary to complete the response actions on-site.


Date: 9/30/08
municipality: ['Holbrook']
Text:
  MassDEP entered into a Consent Order with a $4,375 Penalty involving Butchie's Removal, Inc., for Asbestos violations at 8 West Street in Holbrook. The company failed to submit written notification to MassDEP for removal of non-friable asbestos containing material (ACM), and work practice violations during the removal of asbestos from the commercial property. Butchie's Removal Inc. has agreed to comply with regulations and to pay the penalty.


Date: 9/30/08
municipality: ['Hingham', 'Norwell']
Text:
  MassDEP entered into a Consent Order with a $4,375 Penalty involving Callahan/Hoffman Company, Inc. for Asbestos violations on Sharpe Street in Hingham. The company, which is based in Norwell, failed to submit written notification to MassDEP for removal of non-friable asbestos containing material (ACM), and work practice violations during the removal of asbestos from a commercial property. Callahan/Hoffman Company, Inc. has agreed to comply with regulations and to pay the penalty.


Date: 9/29/08
municipality: ['Uxbridge']
Text:
  MassDEP executed a Consent Order with El-Massih Enterprises, LLC for Water Supply violations in Uxbridge. Today's Order provides an enforceable schedule for the development of an approved Public Water Supply (a 'transient, non-community public water system) at 785 Quaker Highway in Uxbridge. This public water supply will serve a proposed restaurant at this location. Today's Order requires the owner to site, construct and operate a new water supply well. Additionally, in accordance with the requirements for a TNC public water system, the facility must hire a certified operator, carry out a monitoring program, meter water usage, complete cross-connection requirements and record the public water system in the Registry of Deeds. The owner will also provide documentation to determine any type of treatment for the new water supply source that is required. Today's Order also contains stipulated penalty provisions should the owner not comply with the approved schedule. This action will ensure that the general public and employees will receive water that is safe to drink.


Date: 9/29/08
municipality: ['Hubbardston']
Text:
  MassDEP executed a Consent Order with Lovewell Pond Sporting Club, Inc. for Wetlands violations at 22 Streeter Road in Hubbardston. MassDEP personnel inspected the area and observed that the club had replaced flashboards to a dam, causing a water level elevation change of Lovewell Pond which could alter the Bank around the Pond. Under today's Order, the Club has agreed to reduce the height of the flashboards to 14 inches above the concrete spillway to prevent wetland or bank alterations from changing the water level. It also agreed that prior to any additional work on the dam; the Club will file with the Hubbardston Conservation Commission to receive any proper permits. This action will result in restoration of approximately 50 feet of bank.


Date: 9/29/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $14,500 Penalty involving Excel Insulation Co., Inc. for Asbestos violations in Devens. Excel Insulation of Wayne, New Jersey is a licensed asbestos contractor. MassDEP discovered violations during a January 2008 inspection of an asbestos removal project being conducted on the former Fort Devens military base. Under the terms of today's Order the company agreed to a $14,500 Penalty with an additional $5,812.50 penalty having been suspended provided that the Company has no additional violations for one year.


Date: 9/29/08
municipality: ['Worcester']
Text:
  MassDEP executed a Consent Order with an $11,000 Penalty involving GLSYNTHESIS, Inc. for Hazardous Waste Management violations in Worcester. During an inspection of the facility, MassDEP determined that the Company had failed to notify the department of its hazardous waste generation activity. The company had stored hazardous waste in excess of time periods allowed and failed to comply with numerous other hazardous waste container management requirements. Under the terms of today's Order the company agreed to comply with applicable regulations, many of which have already been complied with, and pay the Penalty. This action will ensure proper management of hazardous waste going forward.9/29/08


Date: 9/29/08
municipality: ['Springfield', 'Williamsburg']
Text:
  MassDEP entered into a Consent Order with a $3,500 Penalty involving the Chem-Clean Corporation for Water Pollution Control violations in Williamsburg. Upon investigation of discharge to the Mill River in Williamsburg, MassDEP determined that the Springfield based floor stripping and finishing company, Chem-Clean, caused a white liquid discharge to the Mill River in Williamsburg. Company employees, working at the Hilltown Charter School within the Brass Works building, had emptied wax-stripping wash water into one of the parking lot's storm drains which leads to the Mill River. The discharge was evident by a white residue along the bank of the Mill River. Chem-Clean, which cooperated with MassDEP, has agreed to cease any future discharges. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance. .


Date: 9/26/08
municipality: ['Chelsea']
Text:
  MassDEP Environmental Strike Force responded to a hotline call from a local fisherman to Forbes Park in Chelsea and discovered unpermitted discharge (Water Pollution Control) and wetlands violations at a development site. After failure to comply with directives from Strike Force to stop such activities, Forbes was served with a Unilateral Order with Penalty provisions. Forbes ceased the discharge and appealed the wetlands portion of the order. It recently entered into an agreement to comply with all applicable wetlands regulations.


Date: 9/26/08
municipality: ['Medford']
Text:
  MassDEP entered into a Consent Order with Fellsway Realty Limited Liability Company for Waste Site Cleanup violations at 970 Fellsway in Medford. The company is the owner of the property where violations included failure to comply with timelines for submittal of a phase four report (implementation of its remedial cleanup plan) and a final response action. The company has agreed to complete the cleanup. This site was reported to MassDEP in 1988. Today's enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil.9/26/08


Date: 9/25/08
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Thomas Scott as Trustee of Massachusetts Investment Nominee Realty Trust for Waste Site Cleanup violations at 905 Massachusetts Avenue in Boston. The Trust is the owner and/or operator of the property. MassDEP issued a Notice of Noncompliance on 7/25/08. Today's Order requires a tier two (permit) extension by 10/30/08; a phase two (assessment) report, phase three (selection of cleanup plan) report by 6/30/09 if applicable; a phase four (implementation) report by 10/31/09; and, a final outcome by 6/30/10. In addition to the Penalty, there is a stipulated penalty provision for any missed deadlines.9/25/08


Date: 9/23/08
municipality: ['Shirley']
Text:
  MassDEP issued a Demand Letter for $69,500 in Stipulated Penalties to GFI Shirley for noncompliance with a previous order to correct erosion and sedimentation violations at Apple Orchard Estates subdivision in Shirley


Date: 9/23/08
municipality: ['Yarmouth']
Text:
  MassDEP entered into a Consent Order with a $4,850 Penalty involving Robert Dimartile for Asbestos violations at 181 South Street in Yarmouth. Today's Order requires Dimartile to submit all documentation from the clean up of roofing tiles at 181 South Street in Yarmouth. Under application of MassDEP's small-business policy, the Penalty was suspended.9/23/08


Date: 9/19/08
municipality: ['North Attleborough']
Text:
  MassDEP executed a Consent Order with a $1,000 Penalty involving G&K Services for Hazardous Waste Management violations in North Attleborough. MassDEP conducted a comprehensive, or multi-media, inspection revealed that G&K Services was generating hazardous waste and waste oil and had not notified the Mass DEP of this activity. Today's Order requires the facility to fully comply with all applicable Hazardous Waste regulations.


Date: 9/18/08
municipality: ['Dover', 'Natick']
Text:
  MassDEP was informed that Ed Small, of Dover, had been indicted on twelve (12) counts in Superior Court. Small is owner and operator of Associated Processing Service (APS), a medical waste disposal company in Natick. Small was indicted in Superior Court for the illegal storage and disposal of medical waste and for unlawfully dumping hazardous waste, including mercury, down the drain of his company facility in Natick. The Grand Jury handed up seven counts of violating the Hazardous Waste Management Act, two counts of violating the Clean Water Act, two counts of violating the state sanitary code, and one count of violating the Solid Waste Management Act. Environmental Strike Force investigators responded to a call from a solid waste facility in Rhode Island, and developed and referred this case for criminal prosecution. Strike Force also assisted in a criminal search warrant and provided sampling and technical expertise. Arraignment has not yet been scheduled.


Date: 9/18/08
municipality: ['North Reading', 'Wilmington']
Text:
  MassDEP was informed that Stephen Swisher pled guilty and is being sentenced for illegal transfer and disposal of hazardous waste. Stephen Swisher is former president of Pacetti Corp, a metal finishing company in North Reading. Swisher pled guilty to four counts of violating chapter MGL 21C (hazardous waste management). He was sentenced to two years probation and ordered to pay $12,500 criminal fine for dumping drums of hazardous waste in wooded areas of residential neighborhoods in Wilmington. Swisher was also ordered to reimburse the city for its disposal costs. The case was referred to the Environmental Strike Force by the Wilmington Police Department and DPW. Strike Force investigators then developed the case for criminal prosecution by the Attorney General's office and provided all the technical assistance.


Date: 9/18/08
municipality: ['Marshfield']
Text:
  MassDEP executed a Consent Order with an $8,625 Penalty with Pulte Homes of New England, LLC for Groundwater Discharge violations at its condominium community in Marshfield. The developer operates and maintains an on-site wastewater treatment plant at Spyglass Landing. During MassDEP's permit renewal process, the discharge monitoring reports revealed ongoing violations of the total nitrogen effluent limits. Today's Order establishes timelines for the upgrades to the treatment plant and a deadline for compliance with the discharge limit.


Date: 9/18/08
municipality: ['Salem']
Text:
  MassDEP entered into a Consent Order with a $12,060 Penalty involving North Shore Medical Center for Air Quality and Hazardous Waste Management violations at its Salem facility. MassDEP found the facility received deliveries of noncompliant fuel on July 24, 2007 and October 4, 2007 for use in its emergency generators; Improperly disposed of hazardous waste (pharmaceutical waste); and failed to properly label tank containers of unidentified hazardous wastes for length of accumulation. The facility will correct the violations and will review and revise where applicable an operational procedures manual.


Date: 9/17/08
municipality: ['Woburn']
Text:
  MassDEP entered into a Consent Order with a $10,500 Penalty involving Medchem Products, Inc., for Air Quality and Hazardous Waste Management violations at 160 New Boston Street in Woburn. Medchem failed to have air emission calculations to verify its 'exempt' status, and hazardous waste containers were improperly labeled, failed to close hazardous waste containers; failed to identify hazardous waste container contents; failed to have Contingency Plan; failed to train employees for haz-waste training; failed to label mercury containing lamps. In addition to the Penalty, Medchem has agreed to bring the facility into compliance.


Date: 9/16/08
municipality: ['Andover']
Text:
  MassDEP entered into a Consent Order with a $17,250 Penalty involving 100 Minuteman LLC for Air Quality violations in Andover. The LLC owns the property at 100 Minuteman Road in Andover where it installed and operated without approval emergency generator. Today's Order requires the company to complete proper application process and to fully comply with all applicable requirements.


Date: 9/15/08
municipality: ['Rehoboth']
Text:
  MassDEP entered into a Consent Order with the town of Rehoboth for Solid Waste violations at the town's closed landfill. Under the terms of the Order the town has agreed to a Supplemental Environmental Project (SEP)


Date: 9/15/08
municipality: ['Pittsfield']
Text:
  MassDEP was informed that Gerald Ely was fined for illegal Asbestos Removal in District Court. Gerald Ely of Pittsfield pleaded guilty in District Court to charges that he oversaw the illegal removal of asbestos without the required notification and without following the established requirements for proper removal. Ely was also charged with violating the Labor and Industries Act for failure to obtain an asbestos removal license, and for unlawful work practices. MassDEP investigators worked closely with Pittsfield Code Enforcement officer inspecting the site and developing the case for referral to the state attorney general's office. The Commonwealth recommended a sentence of two years suspended in the House of Correction and a $10,000 fine. After Ely pleaded guilty, the judge sentenced him to a $2,000 fine.9/12/08


Date: 9/12/08
municipality: ['Shrewsbury', 'Sutton']
Text:
  MassDEP entered into an Administrative Consent Order with an $860 Penalty involving Mitchell Associates Construction Corporation of Shrewsbury for Asbestos violations regarding the demolition of a commercial building located in Sutton. MassDEP determined that Mitchell Associates had not provided advanced notification of the demolition project to the Department as required by the regulations. The company has agreed to comply with all applicable requirements in the future in addition to the Penalty. Today's Order also contains stipulated penalty provisions for any future violations.9/11/08


Date: 9/11/08
municipality: ['Brimfield']
Text:
  MassDEP issued a Demand Letter for a $2,800 Stipulated Penalty to Chamberlin Mountain Road - Jeffrey Paulin of Brimfield for failure to comply with a previous Consent Order regarding Wetlands violations. Paulin is in violation of the requirement to retain the services of a registered professional engineer to evaluate the installation and sizing of culverts that were constructed without permits on the site.


Date: 9/10/08
municipality: ['Shrewsbury']
Text:
  MassDEP issued a Unilateral Administrative Order to Boylston Realty Associates, Inc., for Wetlands violations in Shrewsbury. Today's Order requires Boylston Realty Assoc. to stop alteration of wetland resource areas on its property located on Holman Street in Shrewsbury. MassDEP personnel inspected the property, a proposed four-lot subdivision with one single-family home under construction, and determined that violations of existing Order of Conditions (permit) issued by the Shrewsbury Conservation Commission were occurring. Discharges of silt and sediment had already altered Bordering Vegetative Wetlands due to inadequate and ineffective erosion controls at the site. Today's Order requires the owner to stop work - except to stabilize the site soils - and to install adequate erosion controls. They are also to comply with the requirements of the local Order of Conditions and hire an erosion control specialist to develop a comprehensive erosion control plan. In addition, they are to hire a wetlands specialist to delineate the wetlands, evaluate the extent of impact to wetland resource areas, and submit a restoration plan to MassDEP for approval. Additional enforcement with assessment of a civil administrative penalty is anticipated.


Date: 9/10/08
municipality: ['Westfield']
Text:
  MassDEP entered into a Consent Order with Joseph Picard for Waste Site Cleanup violations at 14 Brenda Drive in Westfield. Picard - as owner of this residential property specifically failed to submit the phase two (assessment) report and the phase three (selection of cleanup) plans by the deadline established. A notice of delay in submitting a phase two report and a phase three was submitted. New deadlines have now been established for submittal of the phase reports by 6/30/09. Today's Order also serves as a notice of noncompliance, and contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.9/10/08


Date: 9/10/08
municipality: ['Taunton']
Text:
  MassDEP entered into a consent Order with a $2,500 Penalty involving Reynolds Auto Wrecking, Inc., for Hazardous Waste violations in Taunton. The business has a local salvage yard license and is registered with MassDEP as a generator of waste oil. In May 2008, in response to a complaint, MassDEP conducted an inspection of the facility and identified violations of the hazardous waste regulations regarding storage and recycling. Today's Order requires Reynold's Auto Wrecking, Inc. to operate in compliance with the hazardous waste regulations.9/10/08


Date: 9/10/08
municipality: ['Ludlow']
Text:
  MassDEP issued a Demand Letter for a $35,000 Suspended Penalty involving Safe Environment - America/Environmental Workers of America, in Ludlow for its failure to implement a Supplemental Environmental Project. This Project was to be implemented as agreed under a previously executed Administrative Consent Order.


Date: 9/10/08
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty involving Quincy Medical Center for Air Quality and Hazardous Waste Management violations at its 114 Witwell Street facility in Quincy. QMC failed to submit its air quality compliance report and had inaccuracies on its source registration. QMC also improperly disposed of pharmaceutical waste and failed to identify hazardous waste in containers. In addition to the Penalty, QMC will bring its facility into compliance.


Date: 9/9/08
municipality: ['Topsfield']
Text:
  MassDEP entered into a Consent Order with an $11,200 Penalty involving Marylee MacDougall, John Guinee, and Jeanne Hosinski, a/k/a Jeanne M. Hosinski, as Trustees of Rowley Bridge Road Realty Trust for Wetlands violations at 252 Rowley Bridge Road in Topsfield. The violations were discovered using aerial photography and found that this site contains an orchard/farm where 9,020 square feet of Bordering Vegetated Wetland, a resource area, had been filled to construct a metal storage barn without authorization. Today's Order requires full restoration/replication and long term monitoring. MassDEP agreed to suspend $4,200 of the Penalty pending full compliance. The Trust's restoration/replication plan will - when completed - represent 14,000 square feet of BVW.


Date: 9/9/08
municipality: ['Hingham', 'Millbury']
Text:
  MassDEP issued a Unilateral Administrative Order to the Aquarion Water Company of Massachusetts, Inc., for additional actions following the apparent detection of perchlorate concentrations in Millbury. Aquarion, of Hingham, had immediately removed the well from service on 8/28/08. MassDEP then verbally ordered the facility to keep the Millbury Avenue well off-line until further notice, immediately notify all consumers of the violation and provide instructions for safe water use. Aquarion was also to notify the local Board of Health, continue flushing the well, and conduct further sampling. Today's Order requires the company to flush and test the water supply in accordance with the regulations, and to obtain written approval from MassDEP prior to placing the Millbury Street well back in service. Today's Order, with its required testing, was issued to assure the safety of the water supply serving approximately 9,600 customers.


Date: 9/8/08
municipality: ['Holliston']
Text:
  MassDEP Commissioner Laurie Burt issued a Final Decision incorporating an Administrative Consent Order with a $2,000 Penalty involving Donald Simmons, an individual d/b/a DDS Roofing. Today's decision resolves the appeal of an April 2008 Notice of Intent to Assess a Civil Administrative Penalty involving illegal asbestos removal activities being conducted at a private residence in Holliston. The documents require full compliance with all applicable regulations when conducting future activities involving asbestos-containing materials, and full payment of the Penalty.


Date: 9/8/08
municipality: ['Uxbridge']
Text:
  MassDEP Commissioner Laurie Burt issued a Final Decision involving Blackstone-Chicago Corporation, Trustee relative to a site in Uxbridge. Commissioner Burt's decision incorporates an Administrative Consent Order executed by MassDEP and the Blackstone-Chicago Corporation, Trustee of the Blackstone-Chicago Realty Trust. The Decision resolves the appeal of a February 2008 Unilateral Administrative Order involving the improper management of hazardous wastes and solid wastes at a site the Trust owns in Uxbridge. Based upon submitted documentation and an August 08, 2008 re-inspection of the site, it has been determined that the Trust has complied with the terms of the Order and returned to compliance.


Date: 9/5/08
municipality: []
Text:
  MassDEP executed a Consent Order with a $7,000 Penalty involving Manchester Essex Regional School District for Wetlands violations at the Manchester Essex Regional High-Middle School on Lincoln Street. MassDEP inspected the site and initially discovered sedimentation to an intermittent stream tributary to Saw Mill Brook resulting from construction work taking place on the property and in violation of a local (permit) Order of Conditions. Three days later MassDEP discovered the activity was performed subsequent to the first inspection including excavation, vegetation removal and widening of the entire length of stream channel by hand and with machine, side casting the excavated material and significant sedimentation to Saw Mill Brook. This activity had no authorization and resulted in alteration to Land Under Water (LUW) and 60 linear feet of Bank. In addition to the Penalty, today's Order requires immediate stabilization, full restoration of the LUW and Bank, as well as long-term monitoring, implementation of stormwater controls and cleaning/ maintenance protocols for the property.


Date: 9/4/08
municipality: ['Lancaster']
Text:
  MassDEP entered into a Consent Order with a $5,600 Penalty involving Bestway of New England for Toxics Use Reduction Act (TURA) violations in Lancaster. The company, which operates a pressure-treated lumber plant, failed to submit its TURA report on time, and under today's Order has agreed to a Supplemental Environmental Project (SEP). Under the SEP, the company, at its own suggestion, will purchase certain emergency response equipment valued at $20,000 for the Lancaster Fire Department within six months. MassDEP had originally proposed a penalty of $22,400 - amounting to $200 per day for the 112 days that Bestway was late in submitting its TURA report. The purchase of the equipment for Lancaster, however, will directly help the (local) fire department outfit its trailer for use in responding to any hazardous material emergencies in town.9/3/08


Date: 9/2/08
municipality: ['Orange']
Text:
  MassDEP entered into a Consent Order the town of Orange to address excessive inflow and infiltration in the municipal sanitary sewer collection system. Today's Order requires an updated study of the collection system, development of a sewer connection/extension program and an inflow/infiltration removal program. The Town will document that it has removed four gallons of inflow and infiltration for each new gallon of design flow to be added.


Date: 8/29/08
municipality: ['Woburn']
Text:
  MassDEP executed a Consent Order with the city of Woburn for Drinking Water Program violations. Woburn violated the terms and conditions of a 2006 Consent Order, which required city to submit for the MassDEP's review and approval a plan and schedule for installation of residential water meters, within one hundred and twenty days of the effective date of that Order. Also, the city is required to implement the installation of the residential water meters in accordance with the MassDEP's approval. To date, the City of Woburn has not submitted to MassDEP, for its review/approval the plan and schedule for installation of residential water meters. Consequently, Woburn is in violation of the requirements. MassDEP will suspend penalty pending compliance.


Date: 8/29/08
municipality: ['Hamilton']
Text:
  MassDEP issued a Unilateral Order to the town of Hamilton for Drinking Water violations. MassDEP took the action in response to elevated levels of perchlorate in samples which were obtained at the entry point and from the distribution system in violation of the Massachusetts Drinking Water Regulations.


Date: 8/28/08
municipality: ['Ware']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty to Balicki Auto Body, Inc. for Solid Waste and Hazardous Waste Management violations in Palmer. The company both tows and crushes vehicles at 92 Bacon Street in Palmer and repairs vehicles at 291/2 Maple Street Annex in Ware. An inspection by MassDEP revealed that the company's violations entailed storage of a large number of tires, not registering its hazardous waste activity and not being in compliance with the hazardous waste management and recordkeeping requirements. In addition to the penalty, Balicki Auto Body, Inc. has agreed to correct the violations. The company has been diligent in working with the MassDEP to address the noncompliance issues, including removal of thousands of tires from its Palmer facility. As part of today's Order, Balicki has agreed to a $2,500 Penalty with the additional $2,500 suspended pending the company's compliance.


Date: 8/27/08
municipality: ['Boston']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding Rugg Road Realty Trust, for Waste Site Cleanup violations, specifically, noncompliance with a previous Consent Order. The Trust which owns the property at 20-32 Rugg Road in the Allston section of Boston has failed to meet a deadline to submit a final outcome statement. MassDEP has agreed to extend the deadline for completion to 8/25/09. The site has previously reported petroleum and chlorinated solvent impacts.8/26/08


Date: 8/26/08
municipality: ['Lakeville']
Text:
  MassDEP entered into a Consent Order with a $3,735 Penalty regarding Petro Plus (d/b/a Joe's Gas,) for Hazardous Waste Management and Vapor Recovery/Air Quality violations in Lakeville. MassDEP found during a multi-media inspection that the company had not maintained or operated the gasoline dispensing system in accordance with the requirements of the Stage II Vapor Recovery program. The inspection also revealed violations relative to handling hazardous waste.


Date: 8/26/08
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with Melvyn Glickman for Water Supply requirements in Sutton. Today's Order establishes an enforceable schedule for the development of an approved non-transient, non-community public water supply (NTNC) system at 64 New Providence Turnpike in Sutton. The system will serve Miss Betty' Step in Time Day Care Center, which leases the property. Today's Order requires the owner to operate the on-site well in accordance with the requirements for a NTNC public water supply system which includes hiring a certified operator, carrying out a monitoring program, metering water usage, completing cross-connection requirements and recording the Public Water Supply System in the Registry of Deeds. The owner will also provide documentation to determine if any type of treatment for the water supply is required. This action will ensure that the approximately 65 children and facility served by this Public Water Supply System will continue to receive water that is safe and fit to drink.


Date: 8/22/08
municipality: ['Westfield']
Text:
  MassDEP issued a Declaration of Drinking Water Emergency to the city of Westfield to allow it to provide bottled water to residents affected by a water main break in Westfield. The city was able quickly restore service to all but 50 residences affected by the transmission main break and sought today's declaration to allow it to provide water and provided requirements for testing and reporting as the system was repaired.8/22/08


Date: 8/18/08
municipality: ['Northampton']
Text:
  MassDEP issued a Water Emergency Declaration to Linda Manor Extended Care Facility, which serves as a community public water system serving about 100 staff and patients in Northampton. The Order provides for conservation of water, use of bulk water delivery with appropriate procedures, disinfection regarding well pump work, follow-up coliform sampling, and regular reports to MassDEP. The well pumps were failing, drawing down storage. The Order was initiated immediately. [The Declaration was lifted on 8/25/08]


Date: 8/15/08
municipality: []
Text:
  MassDEP issued a Unilateral Boil-Water Order to the town of Dudley Water Department. Dudley Water Department was notified on August 15, 2008 by town officials that the presence of total coliform bacteria and E.coli bacteria had been detected in the raw water sample and the entry point sample, respectively. These samples were collected at the Main Station well field on August 11, 2008. In addition, a sample collected at the Dresser Hill water storage tank on August 13, 2008 also revealed the presence of total coliform bacteria. MassDEP verbally ordered the Water Department and the town on August 15, 2005 to immediately place temporary disinfection systems on-line at all active well pump stations, notify the local Board of Health and other Town officials of the condition, immediately provide notification to all users to boil their water before using it for drinking and culinary purposes, and conduct additional sampling. Those requirements were subsequently issued to the Town in the written Boil Order issued later that same day. The Boil Water Order, with its required testing, was issued to assure the safety of the water which is supplied to a population of approximately 8,300 persons. [The "Boil Water" requirement was terminated on August 18, 2008, as a result of the actions taken by the Town; however, all other requirements of the Order currently remain if effect.]8/15/08


Date: 8/14/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Garry Campbell of GRC Construction for Asbestos violations in Easthampton. MassDEP determined improper handling of asbestos during the demolition of a property on Pomeroy Meadow Road in Easthampton. Following up on a complaint from residents in the neighborhood, MassDEP found that asbestos-cement siding, known as "transite", had not been removed from the exterior of the house prior to the demolition operations. The transite was crushed and mixed with the demolition pile. Upon notification of the violations, Campbell cooperated with MassDEP and retained a licensed asbestos contractor to clean up the site and an asbestos consultant to monitor the air during the work. In addition to incurring the costs of the cleanup, Campbell has also agreed to the Penalty for the violations.


Date: 8/14/08
municipality: ['Royalston']
Text:
  MassDEP issued a Water Emergency Declaration to S. Royalston Improvement Corp, which serves as a community public water system serving about 55 homes and businesses in Royalston. Today's Order provides for the implementation of conservation measures, use of bulk water delivery with appropriate procedures, disinfection regarding well pump work, follow-up coliform sampling, and regular reports to MassDEP. The actions were necessary when a well pump reported failing, and the temporary repairs were considered inadequate. The fire chief was concerned that there was insufficient water for fire protection. Today's Order was initiated immediately and the replacement of well pumps is expected to be complete on August 20, 2008. [The Declaration was lifted on 8/25/08]


Date: 8/13/08
municipality: ['Lowell']
Text:
  MassDEP executed a Consent Order with a $14,000 Penalty regarding TRS Corpway Realty Trust for Wetlands Protection Act violations at 219 Meadowcroft Street in Lowell. The violations were discovered by staff while responding to a complaint on an abutting property. The violations occurred as a result of stockpiling earth products and other construction related materials, as well as clearing and filling a passageway for boat and fishing access on the Concord River. The activity resulted in alteration of 15 square feet to Bordering Vegetated Wetland, 109 square feet of Bordering Land Subject to Flooding and 245 square feet of Riverfront Area. Today's Order requires full restoration and implementation of a MassDEP approved "operating practices and stormwater pollution prevention plan" on the property to protect resource areas in the future. MassDEP has agreed to fully suspend the Penalty pending full compliance.


Date: 8/13/08
municipality: ['Granby', 'South Hadley']
Text:
  MassDEP issued a Boil-Water Order to South Hadley Fire District #2. The District functions as a community public water system serving hundreds of homes and businesses in portions of South Hadley and Granby. Today's Order provides for immediate notification to customers to boil water and to discard products prepared with tap water, notifications to town officials, disinfection procedures, follow-up coliform sampling, measurements of chlorine residuals in the distribution system and regular reports to MassDEP. The Boil Water Order was lifted on Saturday (8/16/2008) after requirements were met, with the condition that disinfection remains in place until further notice. [The Order was lifted on 8/25/08]


Date: 8/12/08
municipality: ['Taunton']
Text:
  MassDEP issued a Demand Letter for a $30,000 Penalty to Jefferson Development Partners for previously-suspended amount regarding the Morey's Bridge and temporary dam in Taunton. Jefferson Development failed to complete the action items of an Order that required Jefferson, among other things, to evaluate the Morey's Bridge temporary dam and correct any structural deficiencies.


Date: 8/12/08
municipality: ['Billerica']
Text:
  MassDEP amended an existing Consent Order with Billerica residents James and Constance Cavanaugh of 12 Doris Avenue regarding Wetlands violations. The Amendment pertains to the extent of violations of the Wetland Protection Act on their property at 12 Doris Avenue in order to change the paid administrative penalty from $2,000 downward to $500 and the suspended penalty from $12,000 to $13,500. Further, to modify wetland restoration monitoring requirements. This action was been taken based on new additional site specific technical information generated about groundwater hydrology and wetlands function on the property and to better reflect the actual amount of wetlands altered, which new information shows is less than previously noted.


Date: 8/12/08
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order to the Rod and Gun Club of New Bedford to bring its site into compliance. Today's Order has been negotiated between the club and MassDEP to carry out the assessment and possible remediation of lead contamination resulting from a trap range on the club's property. The Club has agreed to investigate and assess the lead contamination which is known to exist both on and off the property. Today's Order further establishes a schedule to complete the assessment process but there are no penalties or violations.


Date: 8/9/08
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Boil-Water Order to Manchaug Water District in Sutton after being notified on Saturday August 9, 2008 that testing of the facility's treated water tap sample, and subsequent repeat samples in the water distribution system, had confirmed positive for total coliform and E. Coli. MassDEP verbally ordered the facility to place a temporary disinfection system on-line immediately, to notify other town officials and the local Board of Health of the condition and to immediately begin delivery of public notices instructing customers to boil the water prior to drinking and using for culinary purposes, and conduct further sampling. The verbal Order was followed-up with a written Order, which also requires the facility to disinfect, flush and test the water supply in accordance with the regulations, inspect and install sanitary seals on all wells, and raises the "height above grade" of the wells to meet regulatory requirements. The Boil Water Order, with its required testing, was issued to assure the safety of the water supply.


Date: 8/8/08
municipality: ['Waltham']
Text:
  MassDEP executed a Consent Order with Steven Hapenny for Waste Site Cleanup violations at 157 Crescent Street in Waltham. Today's Order includes timelines for submittal of phase reports regarding the cleanup and a final response outcome statement in order to return the site to compliance. This site has been in the system since 1990. This enforcement action will lead to the cleanup of petroleum contaminated groundwater and soil emanating from the removal of several underground storage tanks.8/6/08


Date: 8/6/08
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $33,275 Penalty regarding Bussiere Demolition for Asbestos violations at 512 Southbridge Street in Worcester. MassDEP found the violations during an inspection in 2006. MassDEP has agreed to suspend $26,775 of the Penalty pending compliance with MassDEP regulations for a period of one year.


Date: 8/6/08
municipality: ['Mendon']
Text:
  MassDEP entered into a Consent Order with an $8,500 Penalty regarding Dodd Woodworking for Air Quality and Hazardous Waste Management violations in Mendon. During an inspection following an odor complaint, MassDEP the found that the company was not properly registered as a Small Quantity Generator of hazardous waste, in addition to hazardous waste management violations. Further, the company was not complying with air quality regulations associated with paint spray booths. Today's Order requires the company to return to compliance and ensures the proper management of hazardous wastes and control of air emissions.


Date: 8/4/08
municipality: ['Avon', 'Sandisfield']
Text:
  MassDEP executed a Consent Order with a $12,000 Penalty regarding Jason Pisani for Wetlands violations in Sandisfield. Pisani, of Avon, Connecticut, was found to be undertaking site clearing and grading in a Bordering Vegetated Wetland and stream without a valid permit (Order of Conditions). MassDEP responded to a request for assistance from the local conservation commission concerning turbid waters in the West Branch of the Farmington River, observed a large and recent forestry clearing at the site. An inspection revealed an extensive 25 acre forestry clear-cut along with site grading. The work destabilized the site resulting in erosion and sedimentation, and direct alteration of 2,500 square feet a bordering vegetated wetland and 100 linear feet of the banks of a stream. The observed work had taken place without a prior filing of a Notice of Intent as required and obtaining a permit (Order of Conditions) from the town of Sandisfield and its Conservation Commission as required under the Massachusetts Wetlands Protection Act. Today's Order requires Pisani to stabilize the site and restore impacted wetland and stream areas. The Order MassDEP agreed to suspend $6,000 of the Penalty contingent upon full compliance with the Order to stabilize the site and restore all impacted wetland and stream areas.8/4/08


Date: 7/30/08
municipality: ['Lexington']
Text:
  MassDEP executed a Consent Order with a $17,250 Penalty involving MIT-Lincoln Laboratory for Air Quality violations at 224 Wood Street in Lexington. MassDEP found that the company installed and subsequently operated an emergency generator at this facility prior to receipt of the required approval to do so. Since MIT-Lincoln Laboratory had voluntarily self reported this violation and had already submitted the required application and plan, MassDEP has agreed to suspend $7,250 of the Penalty pending full compliance over the next year.


Date: 7/30/08
municipality: ['Norwood']
Text:
  MassDEP entered into a Consent Order with a $13,700 Penalty regarding Ciacia Realty Trust for Asbestos violations in Norwood. The company failed to submit written notification to MassDEP for removal of friable asbestos containing material (ACM). The company also committed violations during the removal. The work practice violations included


Date: 7/25/08
municipality: ['Westborough']
Text:
  MassDEP entered into a Consent Order with Mark Guerard for Water Pollution Control (septic system) violations in Westborough. Acting for Guerard Survey, the company agreed to resolve the violations. Guerard allowed his certification as a septic system inspector and a soil evaluator to lapse but continued to perform soil evaluations as part of his septic design business. Today's Order requires Guerard to retake the soil evaluator training and the system inspector training examinations to obtain the required certifications prior to performing any further inspections. This action will ensure that the public is served by professionals who bear current certifications.


Date: 7/24/08
municipality: ['Cambridge', 'Everett', 'Somerville']
Text:
  MassDEP entered into a Consent Order with the Cambridge Public Health Commission, which owns and operates facilities in Everett, Somerville and Cambridge, for Air Quality and Hazardous Waste Management violations. The Cambridge Public Health Commission ("CPHC") operates three non-profit hospitals (Whidden Memorial Hospital in Everett, Somerville Hospital and Cambridge Hospital). At these three facilities, MassDEP observed various violations for which CPHC has now agreed to pay a $47,130 Penalty ($12,630 of which is for missed compliance fees) and MassDEP has agreed to suspend $14,500 of the total pending full compliance over the next year.


Date: 7/24/08
municipality: ['Dracut']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty regarding Draco Homes, Inc. for Water Pollution Control violations in Dracut. MassDEP found that Draco Homes violated sewer extension and connection regulations by constructing and operating a sewer system in Dracut prior to receiving a permit by MassDEP. Today's Order requires the company to cease work until the company secures the required permit, and to pay $6,000. MassDEP has agreed to suspend the remaining $4,000 of the Penalty pending full compliance.


Date: 7/24/08
municipality: ['Newton']
Text:
  MassDEP executed a Consent Order with Newton Wellesley Hospital for Waste Site Cleanup violations at 2014 Washington Street in Newton. The owner and/or operator of the property at 2014 Washington Street, Newton is required to either submit a down-gradient property status or a final response action outcome. A release detected on its property must be identified as either due to an off-site source or, if on its property, fully-assessed and cleaned up with a series of phased cleanup measures, concluding by no later than 7/30/11.


Date: 7/24/08
municipality: ['Wellesley']
Text:
  MassDEP entered into a Consent Order with a $33,000 Penalty regarding Sunoco Inc. for Waste Site Cleanup violations at a gasoline station it formerly owned in Wellesley. The property, at 870 Worcester Street in Wellesley, has not been fully assessed and cleaned up and the company has failed to meet requirements sent out in a notice of noncompliance on 10/606. Under today's Order, in addition to the Penalty, the company has agreed to submit a phase two report by 9/30/08, a phase three report by 12/30/08, and phase four report by 6/30/09. A final outcome is due no later than 3/30/10. MassDEP has agreed to suspend $18,000 of the penalty pending full compliance.7/23/08


Date: 7/18/08
municipality: ['Sandwich']
Text:
  MassDEP entered into a Consent Order with a $5,030 Penalty regarding P. A. Landers Inc. for Air Quality and Hazardous Waste Management violations in Sandwich. The company performed an audit of its Sandwich facility and self-disclosed the non-compliance. A diesel generator at the facility had not been previously permitted and testing indicated the unit could not meet emission limits for its new generators. The facility was also generating waste oil without registering its hazardous waste activity. Today's Order requires restrictions on the operation of the generator and provides a schedule that requires a compliant generator or power to be provided that would otherwise bring the operation into compliance with air pollution regulations.


Date: 7/18/08
municipality: ['Stockbridge']
Text:
  MassDEP entered into a Consent Order with Berkshire Theatre Festival in Stockbridge for Water Supply violations. The Festival operates as a transient non-community public water system. Today's Order pertains to the water source Zone One, and the needed limits on its water use and the circumstances that prompt the need for replacement or a supplemental source.7/18/08


Date: 7/17/08
municipality: ['Natick']
Text:
  MassDEP issued a Unilateral Order to the town of Natick for violations at the Water Main Project in Natick. After receiving a complaint from a resident in Natick, MassDEP inspected the project site and determined that a contactor working for the town on a water-main project was using temporary piping that was not recommended for residential use. Today's Order was issued to the town requiring they immediately cease the use of the temporary piping and immediately begin replacing the temporary piping and complete the replacement with acceptable piping within seven days.7/17//08


Date: 7/17/08
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $3,010 Penalty regarding Metro Motor Sales, Inc., (d/b/a Pat's Service Center) for Air Pollution Control violations in Worcester. The violations were discovered during a stage two (vapor recovery) inspection conducted on Shrewsbury Street in Worcester in September 2007. That inspection found the company failed to perform timely in-use compliance tests on its gasoline vapor recovery system, it failed to have current records of all persons that had been trained to operate the system, and it failed to maintain system spill buckets in a condition free of gasoline, water and debris. Today's Order requires compliance with all applicable regulations. This action will help ensure that the facility's vapor recovery system is operating properly.


Date: 7/16/08
municipality: ['Amherst']
Text:
  MassDEP entered into a Consent Order with Elaine McClellan for Waste Site Cleanup violations in Amherst. McClellan is the owner of the property at 40 Dickinson Street in Amherst. The site is operated as an auto dealership and auto body repair business. Volatile petroleum hydrocarbons had been discovered in soil and groundwater at the site. A Tier II Classification Submittal was submitted in May 2006, and in May 2008, a notice of delay for the completion of certain assessment work (phases two and three) was submitted to MassDEP along with a request for a one-year extension of the deadline for submittal of those documents. That Notice stated that additional sampling points (both soil and groundwater) would be needed to fully delineate the contamination at the site. MassDEP has agreed to a new deadline for submittal of the phase two report and the phase three plan by 5/15/09.7/15/08


Date: 7/13/08
municipality: ['Somerville']
Text:
  MassDEP executed a Consent Order with Rose Willow, LLC for Waste Site Cleanup violations at 115 Willow Avenue in Somerville. Willow, LLC, is the owner and/or operator of the property where missed cleanup deadlines have occurred. The owner has agreed to submit a status report by 8/15/08, followed by a phase four report by 6/30/09 and a final outcome statement by 8/15/10. There is also a stipulated penalty provision for any missed deadlines.7/11/08


Date: 7/10/08
municipality: ['Holyoke']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty regarding Two Sons, Inc. (d/b/a Bradley Auto Wash) for violations at 990 Main Street in Holyoke. MassDEP inspected the carwash facility and observed that grit and other debris containing oily materials from the drains in the self-service wash bays were disposed of at the southeast corner of the property, near the Connecticut River. The company, which fully cooperated with MassDEP and initiated the clean up of the material, has paid $1,000 of the Penalty with the additional $1,000 suspended during a one-year probationary period.7/10/08


Date: 7/8/08
municipality: ['Stoneham']
Text:
  MassDEP executed a Consent Order with Hess Corporation for Waste Site Cleanup violations at 163-167 Main Street in Stoneham. Hess Corporation is the owner and/or operator of this property where it has failed to meet cleanup deadlines. Today's Order requires a phase four report by 2/28/09 and a final outcome by no later than 11/30/09. Today's Order also contains a stipulated penalty provision for any missed deadlines.7/8/08


Date: 7/8/08
municipality: ['Stoneham']
Text:
  MassDEP executed a Consent Order with the Hess Corporation for Waste Site Cleanup violations at 163-167 Main Street in Stoneham. The company owns and/or operated a business at the property where it has failed to complete cleanup. Today's Order requires the submittal of a phase four report for by 2/28/09 and a final outcome statement by 11/30/09. In addition, there is a stipulated penalty provision for any missed deadlines.7/8/08


Date: 7/8/08
municipality: ['Holbrook']
Text:
  MassDEP entered into a Consent Order with the town of Holbrook for Solid Waste violations at the town's (closed) landfill in Holbrook. The town has agreed to a Supplemental Environmental Project (SEP) for the violations, which involved the landfill and adjacent DPW yard, specifically, the prohibition on dumping and illegal disposal of solid waste in violation of the town's post-closure requirements. Under today's Order, the town will stop disposing of animal carcasses and cover the area, mark animal disposal on a plan and record with the town under a record of notice within 60 days. Also, it will place solid waste at the DPW yard in containers, within 90 days of order, and remove all brush from the side slopes of the landfill. The order requires that Owners/Operator complete a SEP within 12 months of the date of the order, the SEP involves replacing two electric powered school safety traffic signals with new solar powered assemblies. The estimated cost of performing this SEP is $12,150.7/8/08


Date: 7/7/08
municipality: ['Everett']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty regarding the city of Everett for Water Pollution Control violations. The city had sanitary sewer overflows at Behan and Commercial Streets in Everett. Today's Order requires the city to conduct an investigation of the conditions causing sewer overflows, and to undertake actions to eliminate the risk of further overflows.7/3/08


Date: 7/2/08
municipality: ['Concord']
Text:
  MassDEP issued a Unilateral Order to Camp Thoreau Inc., for Water Pollution Control violations in Concord. The Order requires immediate action to address public health risks from breakout of treated wastewater from their soil absorption system (leaching field). Camp Thoreau must cease discharges to the leaching area until the problem is investigated and resolved and, in the interim, use pump-trucks to convey the wastewater flow to an appropriate wastewater treatment facility for treatment and discharge.7/2/08


Date: 7/1/08
municipality: []
Text:
  MassDEP executed a Consent Order with a $4,000 Penalty regarding Mother Brook, LLC for Waste Site Cleanup violations at One Westinghouse Plaza in Hyde Park. MassDEP executed a second amendment to an existing Consent Order. Mother Brook, LLC is the owner and/or operator of the property and has requested a second extension to final outcome deadline as previously agreed on 11/29/05. In addition to paying the $4,000 Penalty, the company must also submit the final outcome statement within six months.


Date: 6/30/08
municipality: ['Sturbridge']
Text:
  MassDEP executed a Consent Order with a $10,000 Penalty involving OSF Fitel, LLC of Sturbridge for Air Quality, Hazardous Waste Management, Industrial Wastewater and Toxic Use Reduction violations. The Company was found to be operating its facility without air plan approvals and failed to operate its air-emission equipment properly. The company further failed to maintain adequate record-keeping and it failed to comply with requirements regarding personnel training and Hazardous Waste contingency plans. Fitel also failed to have currently-licensed Industrial Wastewater Pre-treatment system operators, and it failed to submit required Toxic Use Reduction Act Reports for calendar years 2003, 2004 and 2005. In addition to the Penalty, the company has agreed to bring the facility into compliance including applying for, in order to obtain, a comprehensive air (permit) approval that will consolidate and clarify all of its operations. This action will help ensure that the company complies with all appropriate environmental regulations in the future.


Date: 6/30/08
municipality: ['Littleton']
Text:
  MassDEP entered into a Consent Order with a $7,700 Penalty involving Triumph Leasing Corporation for Air Quality and Hazardous Waste Management violations at its facility in Littleton. MassDEP discovered, through a complaint investigation, that the company was discharging trailer maintenance wash water to the ground without a permit. The company also was found to be using enough cleaning chemicals so as to require them to obtain an Air Quality Limited Plan approval. In addition, the company was generating waste oil without having registered its activities with MassDEP. In addition to the Penalty, the Company has agreed to comply with all applicable environmental regulations in order to ensure the proper management of the company's Industrial Wastewater discharges, air pollutant emissions and waste oil generation in the future.


Date: 6/30/08
municipality: ['Shrewsbury']
Text:
  MassDEP issued a Notice of Intent to Assess a $25,837.50 Penalty to Earth Environmental Corporation for Asbestos violations in Shrewsbury. The company is a Lawrence-based licensed asbestos contractor that MassDEP found was in violation of Asbestos regulation during a November 2007 inspection of an asbestos removal project at the Parker Road Pre-School in Shrewsbury.


Date: 6/30/08
municipality: ['Hudson']
Text:
  MassDEP issued (individual) Unilateral Order(s) to Erica Bigelow, H. Patrick Thornton, Ronald M. DeAngelis along with Linda and William Parker regarding Wetlands violations in Hudson. All the residents are listed as owners of abutting properties located on Lake Boon in Hudson. MassDEP personnel inspected the properties and observed that the property owners had violated a MassDEP decision (i.e. a negative superseding determination of applicability). Unauthorized activities included alteration of the buffer zone along the bank of Lake Boon; earthwork, and removal of stumps; and, the placement of dredged material as fill within the buffer zone. These activities were in violation of an order issued by the Hudson Conservation Commission. Inadequate and ineffective erosion controls had allowed sedimentation to enter Lake Boon. Today's Order(s) require the property owners to stop activities within the 100-foot Wetlands buffer zone, and to prevent any further erosion or siltation through the placement of effective erosion controls. The property owners are also required to hire a Wetlands specialist to evaluate the extent of impact to Wetland resource areas, and to develop a Wetlands restoration plan for the site. Additional follow-up enforcement, including the assessment of administrative penalties, is anticipated.


Date: 6/30/08
municipality: ['Hubbardston']
Text:
  MassDEP issued a Unilateral Order to Lovewell Pond Sporting Club, Inc., for Wetlands violations in Hubbardston. MassDEP has ordered that the club, located at 22 Streeter Road in Hubbardston, must stop alteration of Wetland resource areas in Lovewell Pond. MassDEP personnel inspected the area and observed that the Club had installed (without authorization) flashboards to a dam that caused an elevation of Lovewell Pond and acted to alter bank and bordering vegetated wetlands around the Pond. No permits had ever been issued for those actions. Today's Order requires the owner to remove the additional flashboards and restore the water elevation of Lovewell Pond to the level previously approved by the Massachusetts Office of Dam Safety. Additional enforcement, including the assessment of an administrative penalty, is anticipated.


Date: 6/30/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $1,780 Penalty regarding Hyannis Air Services, Inc. in Hyannis for Hazardous Waste Management, Air Quality, Surface Water Discharge and Ground Water Discharge violations. The company operates a Barnstable Airport facility (Cape Air and Nantucket Airlines). The company failed to register as a generator of hazardous waste and also discharged de-icing fluids and aircraft washing fluids to surface water and ground water via the storm drainage system, without a permit. The company used unauthorized and unregistered injection wells, for improper storage of hazardous materials which emit volatile organic chemicals to the air and failed to keep adequate volatile organic compound emission records (necessary in order to document its permit exemption status). Under today's Order, in addition to the Penalty, Hyannis Air has agreed to conduct a Supplemental Environmental Project (SEP) by which it will pay $5,350 to the Massachusetts Environmental Trust to be used to fund research, education and other projects that are designed to protect, improve, and/or restore water resources on the Cape. Further, the company going forward will implement certain Best Management Practices at the Airport to prevent any future environmental discharges from washing and de-icing of planes by performing future activities on impermeable areas and vacuuming (removing) any excess liquids generated during these activities.


Date: 6/30/08
municipality: ['Hingham']
Text:
  MassDEP executed a Consent Order with Black Rock Golf Club, LLC, for Waste Site Cleanup violations at its facility in Hingham. MassDEP had established deadlines for the club to correct cleanup actions. Additional actions were warranted after MassDEP audited previous cleanup reports at the site and gave the club a sixty-day deadline to correct 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.


Date: 6/30/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $3,234 Penalty regarding Colgan Air, Inc. for Hazardous Waste Management and Groundwater/Surface Water Discharge violations at 600 Barnstable Road in Barnstable. The facility, a maintenance hanger located at the Barnstable Municipal Airport facility is no longer operated by the company but it will continue its presence at the airport terminal and has agreed to an assessment and clean-up of areas where a prior discharge occurred, and to meet all other regulatory requirements. Under the terms of the Order, the company will also pay $9,703 to the Massachusetts Environmental Trust to be used to fund research, education and other projects that are designed to protect, improve, and/or restore the quality of water resources in Barnstable County.6/27/08


Date: 6/27/08
municipality: ['Windsor']
Text:
  MassDEP entered into a Consent Order with Dalton Fire District to complete corrective actions to repair its dam in Windsor. The authorization of Emergency Action was issued in June 2008 relative requiring reconstruction of the dam. The Order requires the development of a resource mitigation plan including milestone dates and implementation of the plan by 9/15/08.


Date: 6/27/08
municipality: ['Mashpee']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty regarding Mike's Service Station for Waste Site Cleanup violations at 135 Main Street in Mashpee. Previously, MassDEP issued the company a Notice of Noncompliance (8/10/05) for failure to complete a phase 2/3 report, which they have failed to do. The company has agreed to bring the site into compliance within 30 days. MassDEP will suspend an additional $10,000 Penalty provided the company meets all the requirements of the Order within the next year.


Date: 6/27/08
municipality: ['Holland']
Text:
  MassDEP issued a boil water order to PJ's Town Crier for Water Supply violations in Holland. PJ's is a tavern that in its business activity serves as a public water supply. The facility detected total coliform and E. coli bacteria in routine and repeat water quality samples. The facility had recently conducted some work on its wellhead. Today's Order requires immediate posting and public notices of the violations. The public water system will be inspecting its system, identifying the source of the problem and disinfecting prior to additional sample collection.6/26/08


Date: 6/26/08
municipality: ['Southampton']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Bob's Auto Salvage for Hazardous Waste Management violations at its facility in Southampton. MassDEP found during an inspection that the company failed to file proper hazardous waste generator registration and violations involving maintenance and labeling. Bob's Auto Salvage, which cooperated with MassDEP during the investigation has initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection and will complete the corrective actions.


Date: 6/25/08
municipality: ['Scituate']
Text:
  MassDEP entered into a Consent Order with a $30,000 Penalty involving Shawn Harris Enterprises for Waste Site Cleanup violations in Scituate. The company is an oil delivery company. Today's Order encompasses two releases that happened within a three-month period. The first release was a failure to notify, and conducting Immediate Response Action without approval. The release involved the Prescott Residence in Scituate on 11/19/06 at approximately 7


Date: 6/24/08
municipality: []
Text:
  MassDEP issued a Unilateral Order to West Meadow Homes, Inc., for Wetlands violations in West Springfield. West Meadow Homes is required to repair sediment and erosion controls and to restore a wetland that was impacted by sediment following the failure of erosion controls at this residential subdivision.6/24/08


Date: 6/24/08
municipality: ['Lanesborough']
Text:
  MassDEP issued a Notice of Intent to Assess a $15,900 Administrative Penalty to Denise Barriere for constructing a dock on Pontoosuc Lake in Lanesborough without a valid permit (order of conditions) or without a valid Chapter 91 license. Further, Barriere failed to comply with a previously issued unilateral order regarding the activity. Today's Order requires Barriere to pay the $15,900 Penalty.


Date: 6/24/08
municipality: ['Charlton', 'Taunton']
Text:
  MassDEP issued a Unilateral Order to BATG Environmental, Incorporated for Solid Waste violations in Charlton. BATG, of Taunton, has been ordered to cease and desist from importing any additional shaping and grading soils to the town of Charlton's landfill, and it provides an enforceable schedule for the completion of construction activities by the company related to the final closure and capping of the landfill. Today's Order replaces, in its entirety, a previous Order that was issued by MassDEP to BATG Environmental on 3/31/08, and was appealed by BATG. MassDEP and BATG officials met on 4/28/08 in an attempt to resolve BATG's appeal of the original Order This most recent Order has been prepared, and is a settlement of that appeal since BATG has since withdrawn its appeal.


Date: 6/24/08
municipality: ['Webster']
Text:
  MassDEP has issued a Unilateral Order to Finecamp K O A, Incorporated for Wetlands violations in Webster. MassDEP has issued this cease-and-desist Order to observed grading, excavation and alteration of wetlands resource area at the Webster Sturbridge Family Campground located on Douglas Road in Webster. MassDEP inspected the site at the request of the Webster conservation commission. Siltation caused by the lack of erosion controls was also occurring. Today's Order requires the company to stop work in the wetland resource areas and within the 100-foot Wetlands buffer zone, and to prevent any further erosion or siltation through placement of effective erosion controls. The company is also required to hire a wetlands specialist to evaluate the extent of impact to the wetland resource areas, develop a wetlands restoration plan for the site, and submit as-built plans for sewage collection system work that is occurring at the facility. Additional enforcement, including the assessment of an administrative penalty, is anticipated.


Date: 6/24/08
municipality: ['Oxford']
Text:
  MassDEP issued a Unilateral Order to Henry J. (Sr.) LaMountain and Peter D. LaMountain, of Oxford for Solid Waste violations. MassDEP in responding to a complaint viewed the LaMountain property on Federal Hill Road in Oxford in March and April of 2008 from an adjoining property owned by the Commonwealth. During those inspections, the LaMountains were observed disposing of waste concrete on the property in violation of Solid Waste regulations. A pile of at least 500 cubic yards of waste concrete was observed being used to expand an existing parking lot on the property. Today's Order requires that the LaMountains immediately cease this disposal of waste concrete at the site, and requires them to hire a consultant to evaluate the volume of previously disposed material. MassDEP expects additional enforcement measures to affect a complete cleanup of the property, and to assess a civil administrative penalty.


Date: 6/24/08
municipality: ['Sutton']
Text:
  MassDEP issued a Unilateral Order to Martin Linder for Wetlands violations in 512 Central Turnpike in Sutton. MassDEP has required that Linder cease the violations that occurred on his property and file with the local conservation commission in order to complete his approved restoration plan. Today's Order is accompanied by a $10,000 Penalty Assessment Notice (PAN) The Order and Penalty were issued after Linder and MassDEP could not reach agreement on a Consent Order that had been drafted to resolve the violations. An original Order issued to Linder regarding the same issues (9/10/07) required that all work within the bordering vegetated wetlands and buffer zone cease, the area stabilized immediately and a plan to delineate wetlands and restore altered areas must to be submitted. Linder has since complied with the initial directive, but an agreed plan to restore one acre of BVW has not been reached.


Date: 6/24/08
municipality: []
Text:
  MassDEP entered into a Consent Order with the Barnstable Airport for Air Quality, Hazardous Waste Management and Groundwater Discharge violations in Hyannis. The Order resulted from an inspection of the airport and a number of tenants at the airport based upon a complaint regarding the practices of one of the tenants. The investigation revealed that the Airport was discharging or allowing the discharge of de-icing fluids and washes water from the washing of airplanes to a surface pond and to catch basins that leach into the ground and the existence of a floor drain into the drainage system from inside one of the airline hangars. Additionally the Airport had not performed the required annual tests on stage II (vapor recovery) controls on its gasoline dispenser, which is a requirement of the Air Pollution regulations and the state's Clean Air Act (State Implementation Plan) to reduce volatile organic compound emissions. The airport also had a number of hazardous waste management violations. The Order requires the Airport to correct all the violations and to eliminate the discharges to the ground and groundwater and to assess the impacts of the prior discharges. The Airport had already implemented Best Management Practices through a letter to all the tenants at the Airport as a way to eliminate any discharges from washing airplanes and vehicles and performing de-icing activities on an impermeable area and by vacuuming up any liquids generated as a result of such activities. Additionally, the Airport has agreed to undertake a Supplemental Environmental Project (SEP) by which it will retrofit two large pieces of diesel equipment consisting of a snow blower and a heavy-duty front-end loader.


Date: 6/23/08
municipality: []
Text:
  MassDEP entered into a Consent Order with the New England Motor Freight, Inc. for Waste Site Cleanup violations in West Springfield. MassDEP found inconsistencies during an audit of the company's cleanup response (submitted in 2003), which was then retracted in December 2004. Corrective response actions began. However, NEMF recently requested additional time so they could put the project out to bid with new consultants. Delays in site cleanup and closure have occurred because of weather, contractual issues, and logistical challenges. Today's amendment establishes specific timelines for submittal of a phase 2 and phase 3 (addendum); a phase 4 (remedy implementation) phase 5 (final inspection) along with a completion statement (known as a response action outcome).


Date: 6/23/08
municipality: ['Duxbury']
Text:
  MassDEP entered into a Consent Order with a $3,450 Penalty involving the town of Duxbury for Solid Waste violations. MassDEP found the Town of Duxbury was in noncompliance, at the transfer station with solid waste regulations for identifying asbestos. The operator is required to complete a Supplemental Environmental Project that provides 24-hour asbestos inspector training for employees whose job description requires the ability to identify asbestos in the workplace. The cost of the training will serve to fulfill the $3,450 Penalty pending compliance.


Date: 6/23/08
municipality: ['Framingham']
Text:
  MassDEP entered into a Consent Order with a $33,000 Penalty regarding George Kapalis for Waste Site Cleanup violations at 472 Concord Street in Framingham. Kapalis is the owner and/or operator of the property for which MassDEP had already issued a Notice of Noncompliance on 10/19/07. The owner is now required to submit an Immediate Response Action status report by 7/30/08, a phase 2 report by 6/30/09 and a phase 3 report by 9/30/09. After those actions are complete, a phase 4 report is due by 6/30/10 and a final outcome statement by 6/30/11. MassDEP has agreed to suspend $29,000 of the Penalty pending full compliance, and there is a stipulated penalty provision for any missed deadlines.6/20/08


Date: 6/19/08
municipality: ['Springfield']
Text:
  MassDEP entered into a Consent Order with a $28,740 Penalty regarding Waste Management of Massachusetts for odor violations at the Cottage Street landfill in Springfield. The use of a short paper fiber bio-soil at the facility nearly closed down a meat packaging plant. The company has agreed to maintain compliance.


Date: 6/19/08
municipality: ['Great Barrington']
Text:
  MassDEP entered into a Consent Order with an $8,500 Penalty regarding Bilmar Boarding and Grooming for operation of an animal crematory in Great Barrington without the required Air Quality permit approval. Bilmar will cease operating and dismantle the animal crematory. MassDEP has agreed to suspend $4,600 pending compliance with all terms of the agreement.


Date: 6/19/08
municipality: ['Springfield']
Text:
  MassDEP issued a Notice of Noncompliance and a Unilateral Order to Cover Technologies, Inc. (CTI) for violations at its compost operation in Springfield. The violations involved activities at the Bondi Island Landfill where CTI has a permit that would allow them to build-up a compost pad with clean soils, road millings, and flowable fill. However, CTI is accepting soils and other materials that are mildly contaminated and do not meet the approved categories. Today's Order requires that filling activities cease.


Date: 6/19/08
municipality: ['Dighton']
Text:
  MassDEP executed a Consent Order with a $1,440 Penalty regarding Quintal Burial Vault Incorporated for Wetlands violations in Dighton. The company makes precast concrete burial vaults. At this facility, the company has supplies brought by truck and poured into molds to make the vaults. Quintal was allowing the wash out of the concrete trucks to the ground and an area bordering a wetlands located on the property. Subsequent to MassDEP inspection, Quintal ceased allowing the washout of concrete trucks and the material located within the wetland resource area was removed and the waste concrete brought to a recycling facility. In addition to the Penalty, today's Order requires the company to cease the dumping of industrial waste water to the ground without a discharge permit, and to restore the wetland resource area.


Date: 6/18/08
municipality: ['Southwick']
Text:
  MassDEP entered into a Consent Order with the town of Southwick and the town's Department of Public Works for Water Supply violations. The town has had a pattern of total coliform violations, exceedences of maximum contaminant level. The Southwick DPW reported its most recent bacteria incident while conducting a cross-connection survey and has now committed to specific actions should further detections occur in that area of its system.6/17/08


Date: 6/17/08
municipality: ['Malden']
Text:
  MassDEP entered into a Consent Order with $14,722 Penalty regarding Tympanium Corporation for Toxics Use Reduction Act (TURA) violations at 197 Commercial Street in Malden, Tympanium is a manufacturer of voltage regulators and electronic modules. During an inspection by MassDEP in May 2007 it was determined that the company had tripped the threshold for lead but has failed to file with the TURA program. Also, the company was recycling hazardous waste without a permit, and was mismanaging their hazardous waste. In addition to the Penalty, the company has agreed to bring the facility into compliance and will pay $3,000 for failing to file TURA reports for 2004-2006. MassDEP has agreed to suspend $7,211 provided all terms of the Order are met.


Date: 6/13/08
municipality: ['Stow']
Text:
  MassDEP Commissioner Laurie Burt issued a Final Decision accepting the terms of a Settlement Agreement and Administrative Consent Order with an $11,000 Penalty regarding Robert D. Quirk of Stow. The Order addresses Quirk's need to correct Wetlands violations on property he owns on Athens Street in Stow and resolves an adjudicatory proceeding regarding an appeal of a previous penalty assessed on 11/15/06. An inspection of the property by MassDEP found work within a wetlands resource area was taking place without any permits. The work resulted in alteration of a stream and the stream bank of a branch of the Assabet River, filling and grading of bordering vegetative wetland (BVW), and alteration of land subject to flooding and riverfront area. In addition to the Penalty, the Settlement requires Quirk to file with the Stow conservation commission to obtain a certificate of compliance. That certificate will document that the altered wetland resource areas have been restored as required by the Stow con-com. This action will result in restoration of 1,500 square feet of BVW and 5,000 square feet of riverfront area.


Date: 6/12/08
municipality: ['Everett']
Text:
  MassDEP entered into a Consent Order with Arrow Interventional, Inc., for Waste Site Cleanup violations at 9 Plymouth Street in Everett. The company is the owner and/or operator of the property for which it must now submit a phase 2 and phase 3 report by no later than 3/30/09. In addition, a phase 4 4eport for the site must be submitted by no later than 3/30/10 and a final outcome statement by 3/30/11. Today's order contains a stipulated penalty provision for any missed deadlines.6/12/08


Date: 6/12/08
municipality: ['Taunton']
Text:
  MassDEP entered into a Consent Order with a $6,900 Penalty regarding Parallel Products of New England for Industrial Wastewater and Groundwater Discharge violations in Taunton. The company has operated a consumer beverage container recycling facility in Taunton since 2004 (conditionally exempt recycling operation). Parallel Products receives full product beverage containers, removes the liquids, and consolidates the glass, plastic and metal containers. The liquids are containerized and sent for disposal as an industrial wastewater. In October 2007, in response to a second complaint, MassDEP conducted a second inspection of the facility and identified the violations relative to spent residual beverage fluids. Parallel Products immediately ceased discharge of any spent residual beverage fluids to the catch basin and the ground, and implemented procedures to prevent accidental discharge to the catch basin. Additionally, the company will clean out the impacted catch basin and come into compliance with the holding tank regulations.


Date: 6/11/08
municipality: ['Worcester']
Text:
  MassDEP entered into a Consent Order with a $20,312.50 Penalty regarding A & E Environmental, Incorporated for Asbestos violations in Worcester. MassDEP observed the Westminster-based licensed asbestos contractor during an asbestos removal project being performed at a residence. During the inspection, MassDEP noted the removal asbestos-containing pipe insulation without having first properly sealed the work area, as well as additional material handling violations. Under the terms of today's Order, the company has agreed to comply with the regulations in the future. Based upon a demonstration of financial hardship conditions, $16,312.50 of the Penalty has been suspended provided that the company remains in compliance for one year.


Date: 6/9/08
municipality: ['Holyoke']
Text:
  MassDEP executed a Consent Order with a $5,000 Penalty regarding New-Mac Development Corporation for Waste Site Cleanup violations in Holyoke. The company failed to notify the Department, as required, when it gained knowledge of a condition of Substantial Release Migration (SRM). Chromium plating operations had been conducted at the site beginning in the 1950s up until 2003. Chromium and hexavalent chromium were detected in groundwater, which resulted in the original notification to MassDEP. However, subsequent response actions detected the presence of hexavalent chromium in surface water, which constituted an SRM for which notification to MassDEP was not made nor were immediate response actions conducted. During negotiation, New-Mac Development assessed the presence of chromium and hexavalent chromium in surface water. MassDEP has agreed to suspend $2,500 of the Penalty pending full compliance including submittal of results t to support the conclusions regarding site risk to environmental receptors. Also, the company will achieve a final response outcome within two years.6/9/08


Date: 6/6/08
municipality: []
Text:
  MassDEP executed a Consent Order with Coastal Oil New England for Waste Site Cleanup violations at Farragut Road and East First Street (Conley Terminal) in South Boston. The company is the former operator of a facility on the southwest portion of Mass Port's Conley Terminal where cleanup response violations took place including the failure to submit phase 2, 3 and 4 reports and a (final) response outcome statement within the deadlines established. These missed deadlines were noted by MassDEP when it issued to the company a Notice of Noncompliance on 11/21/0. Today's Order establishes new deadlines to return to compliance with the submittal of phase 2 and 3 reports by 2/27/09; a phase 4 plan by 5/15/09; and, either a (ongoing) remedy-operation status report or a (final) outcome by no later 5/15/10. In addition, Coastal Oil New England has agreed to pay a $1,000 a day in stipulated penalties in the event of non-compliance.6/5/08


Date: 6/4/08
municipality: ['Charlton']
Text:
  MassDEP issued a Unilateral Order to PCK Realty, LLC, for Solid Waste violations in Charlton. MassDEP ordered the company to immediately cease and desist from accepting, crushing or otherwise processing asphalt, brick and concrete (ABC) materials at its Griffin Road location until such time as the Department has authorized such activity through a negative Determination of Need for a Site Assignment permit.


Date: 6/3/08
municipality: []
Text:
  MassDEP entered into an Amendment to an existing Consent Order with a Torromeo Industries, Inc of Old Ferry Road in Methuen. Today's Amendment is relative to violations on many requirements and deadlines to bring the site into compliance with Air Pollution Control, Hazardous Waste, Industrial Wastewater, Solid Waste, and Wetlands regulations. With work completed, penalty paid, and most mitigation deadlines timely met, this amendment establishes reasonable extended deadlines for implementation of some mitigation activities that have been delayed due to unforeseeable circumstances in coordinating with other regulatory authorities including the review of plans by the Natural Heritage Program.


Date: 6/2/08
municipality: ['Sheffield']
Text:
  MassDEP and Office of the Attorney General entered into a Settlement Agreement that settled the outstanding litigation related to a dam project at Mill Pond in Sheffield with Petricca Construction Company ("Petricca"). Petricca was the contactor under an approved Dam Repair Project in Sheffield in July 2001. The work performed failed to follow the conditions set forth in the Order of Conditions resulting in a more significant drawdown of the impoundment, scouring of the pond bottom and discharge of sediments downstream. The Settlement Agreement includes entry of a Final Judgment with the Superior Court providing for a cash settlement in the amount of $10,000 and a prohibition on future violations of the Wetlands Protection Act. MassDEP and the Office of the Attorney General had previously settled a claim against the engineering consultant for the project, S-K Design Group, Inc., that had been retained to design and supervise the project. The settlement included a cash payment in the amount of $25,000.6/2/08


Date: 5/30/08
municipality: ['Newbury']
Text:
  MassDEP issued a Unilateral Order to Barbara M. and Sean Joyce, 69 Pearson Drive for Wetlands violations at 69 Pearson Drive in Newbury. The residential property was the focus of a July 2007 enforcement order issued by the Newbury Conservation Commission. The local con-com ordered wetland restoration in compliance with an approved restoration plan. Responding to a complaint from a neighbor, MassDEP staff visited the site in April 2008 and observed a front-end loader being operated by Sean Joyce in a Bordering Vegetated Wetland (BVW) where a resource area had been excavated, many trees had been damaged and wetland vegetation had been destroyed. New fill material was also placed in the BVW and buffer zone with no erosion control measures being taken. None of this activity was in compliance with the restoration plan that had been approved by the con-com. The actions at the property resulted in alteration and/or destruction of approximately 5,000 square feet of BVW. MassDEP then issued a verbal cease and desist order. Today's Order is issued requiring temporary stabilization and erosion control on the site it further requires them to cease and desist all activity within the state's Wetlands Protection Act jurisdiction until such time as MassDEP issues additional orders relative to resource area restoration and mitigation. Additional enforcement action is expected.5/29/08


Date: 5/29/08
municipality: ['Revere']
Text:
  MassDEP executed a Consent Order with a $32,000 Penalty regarding Testa Corporation for Waste Site Cleanup violation on Ocean Avenue in Revere. The site is property owned by the Commonwealth (overseen by the Department of Conservation and Recreation). Testa performed work in violation and MassDEP issued a Notice of Noncompliance on 10/18/07. Today's Order requires a Release Abatement Measure status reporter or completion statement by no later than 5/15/08; a phase II by 1/31/09; a phase III by 4/30/09; a phase IV by 7/31/09; and, a final outcome statement by 1/31/10. MassDEP has agreed to suspend $27,000 of the Penalty pending full compliance and also contains a stipulated penalty provision for any missed deadlines.5/29/08


Date: 5/29/08
municipality: ['Tewksbury']
Text:
  MassDEP entered into a Consent Order with a $17,822 Penalty regarding JD Realty, LLC for Waste Site Cleanup violations at 540 Main Street in Tewksbury. JD Realty operates a Gold's' Gym at this location where in 1987 MassDEP was notified of a release of chlorinated solvents. In 1998, a final outcome on the cleanup - a Response Action Outcome Class C - was submitted for the site. MassDEP conducted an audit of the cleanup at this site and invalidated the Class C RAO. The violations included the terms set forth in the site's Activity and Use Limitation ("AUL"). Today's Order also requires that JD Realty conduct indoor air sampling and a risk evaluation of the data; complete a phase II comprehensive site assessment; and complete, if necessary, a phase III remedial action plan; complete, if necessary, a phase IV remedy implementation plan; and submit another RAO. MassDEP has in turn agreed to suspend $9,422 of the Penalty pending full compliance with all terms of the Order.


Date: 5/29/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $5,016 Penalty regarding ExxonMobil Oil Corporation for Air Quality (vapor recovery) violations at its 95-97 Westford Road stations in Tyngsboro. MassDEP initially inspected the facility on 11/28/07 and issued a Notice of Noncompliance for vapor recovery violations. A follow-up inspection on 1/17/08 showed the station is in continued noncompliance with MassDEP's regulations. The station failed to replace damaged equipment, continued to do inadequate weekly inspections, did not post "Out of Order" signs on damaged equipment, failed to have vapor recovery test records onsite and failed to have the manager's vapor recovery training certificate onsite for inspector review. Today's Order requires ExxonMobil Oil Corporation to pay the Penalty and return to compliance.


Date: 5/28/08
municipality: ['Hudson']
Text:
  MassDEP and the EPA Agreed to Conduct magnetometer survey at the Zina Property in Hudson. The survey of the former pig farm will be to determine if additional buried drums are located on the property. They will be taking soil samples and will have a portable laboratory on-site for analysis. MassDEP has already identified 90 - 100 drums that were buried on the property and leaking toluene and methylene chloride. Thomas Zina was arraigned in Middlesex Superior Court and pleaded not guilty to charges that he failed to report a release of hazardous materials (16 counts) at his former pig farm in Hudson.


Date: 5/27/08
municipality: ['Wilbraham']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding TM Construction Services, LLC of Wilbraham to address noncompliance with asbestos handling regulations at a residential roofing project in Wilbraham. MassDEP initially responded to a complaint of suspect asbestos roofing being removed improperly. Upon inspection, MassDEP found asbestos shingles that were under asphalt shingles that had been removed improperly. TM Construction Services took measures to clean up the site and return to compliance. MassDEP has agreed to suspend $6,000 of the Penalty pending full compliance during a one-year probationary period.5/27/08


Date: 5/27/08
municipality: ['Pittsfield']
Text:
  MassDEP entered into a Consent Order with a $15,000 Penalty regarding Richard Brites for Asbestos violations on a Clinton Avenue structure in Pittsfield. MassDEP personnel observed an antiquated boiler and approximately ten linear feet of steam pipes ("mechanical components") in the back yard of the site. The mechanical components were coated with insulation suspected to be asbestos-containing material. An inspection of the basement revealed that the boiler had been removed from the basement and suspected asbestos-containing materials were scattered on the floor of the basement. A further investigation revealed that Brites had performed the boiler removal and performed the asbestos handling work at the site. A review of MassDEP records revealed that there was no notification on file, and that Brites is not licensed as an asbestos removal contractor. Brites has agreed to take a 16-hour asbestos awareness training class and MassDEP has agreed to suspend the full Penalty was suspended due to Brites' demonstrated financial inability.5/27/08


Date: 5/27/08
municipality: ['Dover', 'Westwood']
Text:
  MassDEP entered into a Consent Order with Hale Reservation, Inc., for Wastewater and Water Supply violations in Westwood and Dover, specifically related to the facility's existing septic systems, the aggregate design flow of which exceeds 20,000 gallons per day. The facility operates as an unregistered Public Water Supply at the site. Hale operates an approximately 12,000-acre recreational area in conjunction with its nine agency partners. Over 2,000 children daily attend the day camps offered during the summer months. In addition, Hale operates a seasonal membership beach for up to 500 families and provides educational and recreational programs and opportunities year-round. Today's Order requires that Hale inventory and inspects its existing wastewater disposal facilities and submits a plan and schedule for bringing the facility into compliance with regulations for groundwater discharge permits. In addition, Hale will operate the on-site wells as a Public Water Supply with all required testing and professional operation. In the event that treatment of the water supply is needed, Hale will provide any treatment as subject to MassDEP requirements.5/23/08


Date: 5/23/08
municipality: ['Wilbraham']
Text:
  MassDEP concluded an Amendment to an existing Consent Order involving the Wilbraham Water Department in Wilbraham. MassDEP concluded an amendment concerning the Department's provision of permanent corrosion control treatment for all its customers.5/21/08


Date: 5/21/08
municipality: ['Marblehead']
Text:
  MassDEP issued a letter seeking additional information to the town of Marblehead relative to its wastewater management. The town has failed o adequately respond to a Notice of Noncompliance issued by MassDEP on 12/27/07 for violations of state water quality standards. MassDEP's bacterial source-tracking program performed a series of site visits to Stramski Beach in Marblehead to sample and test water quality for violations of bacteria. The site is a bathing beach utilized by both young and old. During the summer season there is a community boating program and an on-site summer camp at the beach for young children. An unnamed stream flowing through the site to the beach was sampled from an outfall of the piped stream coming from a residential subdivision. Several points along the open stream leading to the beach were sampled, over an approximate distance of 1,200 ft. Consistent with prior years data collected by Salem Sound Coastwatch, MassDEP has found several exceedences of state water quality standards for bacteria. The town's response to date has failed to adequately rule out possible illicit connections resulting in water quality violations to the stream. At MassDEP's direction, the town has now developed a water-quality monitoring plan that will be implemented during Memorial Day weekend - the start of the beach season. MassDEP is requiring the town to take additional actions to investigate and address any possible up stream sources of pollution.5/20/08


Date: 5/19/08
municipality: ['Haverhill']
Text:
  MassDEP entered into a Consent Order with a $20,000 Penalty regarding Michael Malvers for Waste Site Cleanup violations at 106 Hale Street, in Haverhill. Malvers is the owner and/or operator of the property where he has failed to meet deadlines established on 11/13/06. Malvers has agreed to submit a phase I and tier classification by no later than 11/19/08. MassDEP has agreed to suspend $12,000 Penalty and contains stipulated penalties for any missed deadlines.


Date: 5/19/08
municipality: []
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Decas Cranberry Company, Inc. for Wetlands and Water Management Act violations. In addition, the company is required to conduct a Supplemental Environmental Project (SEP), which includes a series of projects meant to improve the environmental performance of Decas bogs. The SEP includes erosion control, bog renovation, and replacing a diesel pump with an electric pump. The Order also sets a timeline for Decas and MassDEP to collaborate on ways to address Chapter 91 (waterways licensing) needs at the state's "Great Ponds."


Date: 5/16/08
municipality: ['Plympton']
Text:
  MassDEP has issued a Unilateral Administrative Order to Alby's Salvage, Inc., for Hazardous Waste and Solid Waste violations at 87 County Road in Plympton. MassDEP noted that solid waste was strewn about the site, some which appeared to have been buried or located in groundwater. Additionally, rusted drums of waste oil were observed outside on bare ground with the potential for the contents to be released. The Order required that no solid or other waste be brought to the site and buried and that the drums of waste oil be secured with the contents legally removed from the site. Additional enforcement will be pending to address all solid and hazardous waste issues at the site.


Date: 5/15/08
municipality: ['Hardwick']
Text:
  MassDEP entered into a Consent Order with the Hardwick Vineyard and Winery in Hardwick for Water Supply violations. The company is a small vineyard and winery that grew until eventually operating as a public water supply without proper approvals. Shortly after it was registered (as pre-existing non-conforming system) the owners decided to shut the system down and inactivate, but early in 2008, reconsidered and has now sought to re-activate. Under today's Order, the Vineyard will schedule testing and cross-connection survey and retain the services of an operator as required.5/14/08


Date: 5/13/08
municipality: ['Littleton']
Text:
  MassDEP executed a Consent Order with Mattbob, Inc. for Waste Site Cleanup violations at 145 Taylor Street in Littleton. Today's Order establishes a legally enforceable schedule for the completion of assessment and the cleanup of its property. The company plans to develop the currently vacant property into a storage facility. MassDEP previously issued a Notice of Noncompliance to Mattbob, Inc. for failing to submit required cleanup reports. Mattbob, Inc. requested an extension of time to correct the violations. The proposed schedule has now been incorporated into today's Order along with stipulated penalty provisions should Mattbob Inc. fail to conduct the required actions.


Date: 5/13/08
municipality: ['Holden']
Text:
  MassDEP entered into a Consent Order with James J. Morin for Water Pollution Control (septic system) violations in Holden. MassDEP determined that Morin had allowed his certifications as a Soil Evaluator and Septic System Inspector to lapse, but continued to perform soil evaluations. Today's Order requires Morin to retake the Soil Evaluator Training and the System Inspector Training examinations, and to obtain the required certifications prior to performing any further inspections. Today's action will ensure the public is served by professionals who hold the appropriate certifications, and that those certifications are also up to date.


Date: 5/13/08
municipality: ['Charlton', 'Worcester']
Text:
  MassDEP executed a Consent Order with a $15,000 Penalty regarding JM Environmental Corporation for Wetlands violations at 299 Worcester Road in Charlton. MassDEP received a complaint and found personnel from the company, which is based in Worcester, depositing fill material containing large pieces of concrete, and asphalt into a bordering vegetative wetland (BVW) on the property, with additional alteration occurring because of the further discharge of fill from erosion and stormwater runoff into the resource area. Previously, on 5/18/07, MasssDEP issued a Unilateral Order to the JM Environmental Corporation to cease the violations to take certain corrective actions. Today's Order now requires the company pay the Penalty, and implements an approved restoration plan that will result in the removal of solid waste and fill material from the wetland, and provide for vegetative regeneration of the effected wetland resource areas. The owners will also hire a wetland specialist to monitor all wetland restoration work. This action will result in restoration of 2,500 square feet of BVW, and the removal and proper handling of 100 cubic yards of solid waste.


Date: 5/9/08
municipality: ['Hampden']
Text:
  MassDEP issued a Unilateral Administrative Order to Continental Wingate Development - owner of the Mary Lyons Nursing Home - for Water Pollution Control violations in Hampden. Today's Order requires the Development to take immediate actions in order to prevent further backup, overflow and discharge of sewage from the septic system and was issued after an inspection revealed evidence of overflow from sewer manholes. The Order also requires the facility to inspect and monitor the tanks twice per day and pumps the tanks as necessary to prevent discharge. The facility shall continue this process until the disposal system is upgraded or MassDEP approves an acceptable alternative.


Date: 5/9/08
municipality: ['Northfield', 'Quincy']
Text:
  MassDEP issued a $10,000 Penalty to New England Fertilizer Company (NEFCO) which is a joint venture of O'Connell Development Group, Inc. & Dunn Associates, Inc. These partners operate the pelletization plant at the Massachusetts Water Resources Authority (MWRA) Fore River facility in Quincy. Today's Penalty is issued under the previously agreed Approval of Suitability to operate issued by MassDEP. NEFCO was penalized for allowing 231 tons of finished pellets, which did not meet the type-one limit for molybdenum (25 mg/kg), to be shipped and distributed to the Four Star Farm in Northfield. The pellets were distributed and later applied to land at the farm between 8/1/07 and 8/15/07. NEFCO did not follow their Sampling and Analysis Plan approval, which requires the pellet product to be stored on-site until analysis confirms the pellets meet the type-one criteria, which would then allow it to be distributed in Massachusetts.5/8/08


Date: 5/7/08
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with James T. and Mary Jane Fitzpatrick, owners of the Sutton Medical Building for Water Pollution Control (septic system) violations at 188 Worcester-Providence Turnpike in Sutton. While MassDEP was reviewing a proposed new water supply well (this facility serves as a Public Water System), MassDEP personnel determined that the on-site septic system was within the defined Interim Wellhead Protection Area of the building's existing water supply area, and, a second public water system, located on an adjacent property, along with the proposed new Public Water System. MassDEP also determined that the on-site disposal system did not meet the nitrogen loading requirements Today's Order establishes an enforceable schedule to bring the on-site disposal system for the Sutton Medical Building into compliance with the nitrogen loading restrictions. The owners can correct the violation by obtaining sufficient nitrogen credit land, and upgrading the septic system, or connecting the facility to municipal sewers. This action will result in the proper treatment of 1, 250 gallons per day of wastewater.


Date: 5/7/08
municipality: ['Manchester-by-the-Sea']
Text:
  MassDEP issued a Unilateral Administrative Order to the Manchester-Essex Regional School District for Wetlands violations at the construction site on Lincoln Street in Manchester-by-the-Sea. MassDEP observed violations on three different days including


Date: 5/7/08
municipality: ['Revere']
Text:
  MassDEP executed an Amendment to an existing Consent Order with an additional $750 Penalty regarding Rita O'Brien & William Settipane of Revere for Wetlands violations. The previously executed Order contained certain submittal deadlines and scheduled Bordering Vegetated Wetland (BVW) restoration. Such submittal deadlines and scheduled restoration were not adhered to or completed. This amendment establishes a new schedule/deadlines and adds an additional $750 to the Penalty.


Date: 5/6/08
municipality: ['Wayland']
Text:
  MassDEP executed a Consent Order with the town of Wayland for Waste Site Cleanup violations at its School on Adams Lane. The town is the owner and/or operator for the facility where it has failed to meet cleanup deadlines established in a previously issued MassDEP Notice of Noncompliance (2/20/08). Today's Order requires a phase II report by 12/30/09; a phase III report by 2/28/10; a phase IV report by 12/31/10; and, a final outcome statement by 12/31/11. There is also a stipulated penalty provision for any missed deadlines.5/6/08


Date: 4/30/08
municipality: ['Stoneham']
Text:
  MassDEP entered into a Consent Order with $17,500 Penalty regarding D&R General Contracting of Stoneham for Waste Site Cleanup violations in Braintree. D&R failed to notify the Department of an asphalt-emulsion release at their Braintree facility. The company has cooperated and has agreed to the Penalty.


Date: 4/30/08
municipality: ['Blackstone']
Text:
  MassDEP has entered into a Consent Order with a $5,000 Penalty regarding Santkrupa Realty Corporation for Wetlands violations on Route 122 in Blackstone. Following a request for assistance from the Blackstone Conservation Commission, MassDEP personnel inspected the area and observed alteration of bordering vegetative wetland and work in wetland and buffer zone areas without permits. In addition to the Penalty, the company is required to implement an approved restoration plan, which will include removal of materials in the wetland and adjacent stream channel, monitoring the vegetative regeneration in the affected areas and installation of a fence to deter future encroachment on the wetlands. The action will result in the restoration and protection of 2500 square feet of wetland resource areas.


Date: 4/30/08
municipality: ['Sheffield']
Text:
  MassDEP entered into a Consent Order with Southern Berkshire Regional School District for Waste Site Cleanup violations in Sheffield. As owner and operator of the property at 491 Berkshire School Road, the School District was cited for failure to submit its required periodic review of the temporary solution, which was/is to be submitted every fifth year. Under today's Order, the District has a deadline of 10/31/08 for the submittal of either its required periodic review or alternative outcome statement. In addition, the District has agreed to pay $1,000 day in stipulated penalties in the event it violates any provision of the Order.4/30/08


Date: 4/30/08
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order to Wilkinsonville Water District in Sutton to address violations at the Water Supply well at Hatchery Road. On 9/26/07, an overfeed of potassium hydroxide into the public water system occurred. The Order requires a number of system upgrades and modifications to ensure the proper functioning of the alarm system and chemical feed process.  Under the Order, the District has agreed to spend $12,125 to implement an Environmental Management System to prevent a recurrence. This action will help protect the water supply for 2,834 customers.


Date: 4/29/08
municipality: ['Carlisle']
Text:
  MassDEP entered into a Consent Order with Assurance Technology Corporation in Carlisle for Drinking Water Program violations in Carlisle. The company violated the Lead & Copper Rule and will take appropriate steps to address/correct the violations.


Date: 4/28/08
municipality: ['Holyoke', 'Springfield']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding AM Construction of Springfield for Asbestos violations at a residential building in Holyoke. MassDEP responding to a complaint found asbestos-roofing material being removed improperly. Further the failure to use a licensed asbestos removal company and led to the improper handling of asbestos-containing waste material. Once notified by MassDEP of the problems, AM Construction took measures to clean up the site and handle the asbestos containing roofing material properly. MassDEP has agreed to suspend $5,000 of the Penalty pending a one-year probationary period.4/28/08


Date: 4/28/08
municipality: ['North Reading']
Text:
  MassDEP entered into a Consent Order with an $11,500 Penalty regarding Judy Strout as President and Director of S & S Lumber, Inc for Wetlands violations at 110 Main Street in North Reading. After conducting an inspection of the site, MassDEP staff found that construction of a culvert, movement of heavy equipment and stockpiling of building materials had resulted in the destruction of 500 square feet of bordering vegetated wetland. Also, a 5,000 square foot storage building was constructed in bordering land subject to flooding, and work had taken place within the buffer zone. All such activities were conducted without any filing for or receiving the required authorization. Today's Order requires restoration, long term monitoring, and compensatory storage for all lost storage volume. MassDEP has agreed to suspend $5,500 of the Penalty pending final compliance.4/25/08


Date: 4/24/08
municipality: ['Berkley']
Text:
  MassDEP has issued a $31,720 Penalty Assessment Notice to Common Crossing, Inc. for Waste Site Cleanup violations at its commercial property in Berkley where methyl-tert-butyl-ether ("MtBE") has been detected in groundwater. Common Crossing has failed to conduct any response actions at the property to address this condition. The property owner failed to comply with a previously issued Notice of Noncompliance that had been issued to them in August 2007. Today's Order requires Common Crossing to initiate response actions at the Site, in addition to the Penalty.


Date: 4/23/08
municipality: ['Dover']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty regarding the Dover Water Company Inc. in Dover. MassDEP found that the company made substantial modifications in the construction of the Well Pump Station building without first obtaining Department approval for such modifications and in doing so, violated the Drinking Water Regulations and as a result has agreed to the Penalty payable within thirty days.


Date: 4/23/08
municipality: ['Holliston']
Text:
  MassDEP issued a $13,700 Penalty Assessment Notice to Donald Simmons, d/b/a DDS Roofing, regarding an asbestos-removal project conducted at a private residence located in Holliston. In response to a complaint alleging the illegal removal of asbestos-containing materials at the site. MassDEP determined that prior notification of the asbestos removal project had not been provided, as required, and conducted an on-site inspection and verified that asbestos-containing materials were being improperly removed and managed. .


Date: 4/23/08
municipality: ['Lynnfield']
Text:
  MassDEP entered into a Consent Order with a $10,000 Penalty regarding Commonwealth Tank, Inc., for Wetlands violations at 10 Carpenter Road in Lynnfield. On 11/10/06, a sudden release of #2 fuel oil occurred at a residential property (10 Carpenter Road, Lynnfield), and the company was hired by the property owner to conduct an Immediate Response Action, which included the pumping of oil and groundwater from a sump to a holding tank and deployment of a boom and pads in Hawkes Brook to capture oil weeping out of the bank. On 12/21/06, MassDEP inspected the site and observed heavy equipment on the site removing the fuel oil impacted soils in the rear yard. This work, including removal of bank and the stockpiling of large mounds of fuel oil impacted soil consisting of fine silts and clay migrating onto the bank of Hawkes Brook. This activity resulted in alteration of 60 linear feet of bank and impacts to buffer zone and Hawkes Brook. Such activates were conducted without filing for or receiving any appropriate authorizations including any Emergency Certification. Today's Order requires temporary stabilization measures, full bank restoration as well as long-term monitoring and reporting. Additionally, the company is required to develop and implement an employee wetlands identification and delineation training program with training certification documentation.


Date: 4/22/08
municipality: ['Sudbury']
Text:
  MassDEP entered into a Consent Order with an $8,625 Penalty regarding GPT-Longfellow Glen, LLC for Groundwater Discharge violations at the Longfellow Glen Apartments in Sudbury. MassDEP discovered that Longfellow Glen Apartments is served by four septic systems, the total design flow of which exceeds 24,000 gallons per day. This is a violation of the Groundwater Discharge Permit regulations. Today's Order requires GPT-Longfellow Glen, LLC to apply for a groundwater discharge permit, to construct a wastewater treatment plant in accordance with approved and permitted plans and specifications and to inspect the existing systems on a regular basis until the wastewater treatment plant is constructed. The entire Penalty will be suspended if the LLC meets all compliance deadlines and conditions.


Date: 4/22/08
municipality: ['Auburn']
Text:
  MassDEP entered into a Consent Order with Elm Hill Water District for Water Supply violations in Auburn. The District has agreed to bring the pubic water supply system into compliance with regulations and establish a schedule for the hiring of sufficient staff to carry out the responsibilities and to correct lead and copper rule violations. Today's Order also requires the District to submit an update to the District's distribution study report so as to delineate specific recommendations and schedule that will bring about optimal corrosion control treatment. The list of improvements must effectively demonstrate the District's capacity to maintain the system in compliance with the regulations. This action will ensure that the 2,155 residents served by the system will continue to receive water that is safe and fit to drink.


Date: 4/22/08
municipality: ['Sutton']
Text:
  MassDEP entered into a Consent Order with First Congregational Church of Sutton for Water Supply violations in Sutton. The Church has entered into an enforceable schedule for the development of an approved non-transient, non-community public water supply system at the Puckihuddle Pre-School, which is operated on the Church's property. Today's Order requires the owners to operate its on-site well in accordance with the requirements for a NTNC public water supply system, and to complete required upgrades to the Zone I area of the well in order to maintain the safety of the supply. Through today's Order, the owners have agreed to tie into the municipal public water supply when service becomes available to its area. This action will ensure that the approximately 30 students and faculty served by this Public Water System will continue to receive water that is safe and fit to drink.


Date: 4/22/08
municipality: ['Oxford', 'Webster']
Text:
  MassDEP entered into a Consent Order with a $6,465 Penalty involving Arthur and Hope LaPlante for Solid Waste violations. Under today's Order, the LaPlantes are required to remove all illegally placed solid wastes from their property located on Main Street in Oxford. During a February 2007 inspection of the property, MassDEP noted the accumulation of construction and demolition debris, tires, and other solid waste materials. Subsequently, the LaPlantes attempted to burn the debris, were observed and stopped by officials of the Oxford Fire Department. Under the terms of today's Order, the LaPlantes will comply with all applicable regulations in the future. A related Order is also executed with LaPlante Brother's, Inc. regarding the clean-up of a second property located on Worcester Road in Webster that also contained illegally placed solid wastes including construction and demolition debris, tires, and other solid waste materials. The second Order requires the LaPlante Brothers to cease accepting, and take steps to properly remove and dispose of all on-site solid wastes.


Date: 4/22/08
municipality: ['Grafton']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding Marcorp Hydraulic Equipment, Inc. in Grafton for Hazardous Waste Management violations. This small business failed to have a proper registration that would allow the company to pick up small quantities of waste oil generated during off-site equipment maintenance activities back to its Grafton facility. In addition, the company failed to notify MassDEP in writing of its activities involving the generation and accumulation of waste oil, it failed to label its waste oil tank, and it failed to delineate and post a sign in its waste oil accumulation area. Under the terms of today's Order, the company has agreed to comply with all applicable requirements in the future. Today's Order will ensure that waste oil generated from off-site maintenance activities in the future is properly managed.


Date: 4/21/08
municipality: ['Reading']
Text:
  MassDEP executed a Consent Order with the Estate of Emil Weretelnyk for Waste Site Cleanup violations at 281 Main Street in Reading. The Estate owns the property where it failed to meet deadlines set out in a Notice of Noncompliance issued on 3/15/06. Today's Order requires a final cleanup outcome by no later than 12/31/08 and contains a provision for stipulated penalties in the event of any missed deadlines.4/18/08


Date: 4/17/08
municipality: ['Buckland']
Text:
  MassDEP entered into a Consent Order with a $2,000 Penalty involving Elliott Conover Jr. for Waste Site Cleanup violations at 48 Conway Street in Buckland, the former Franklin Ware Fuel Terminal. Based on site inspection, MassDEP alleges that from late 2003 until late 2007, Conover failed to maintain the recovery system, failed to do groundwater and system sampling at the required frequency needed to maintain the Remedy Operations Status. Conover also failed to periodically evaluate site data, failed to notify MassDEP of the termination of the work, and failed to submit status reports at the six-month intervals. The consent order requires Conover to complete response actions and maintain status. In addition, today's Order serves as a Notice of Noncompliance and establishes deadlines to complete response actions, and contains stipulated penalties for any future noncompliance with MassDEP deadlines.4/17/08


Date: 4/16/08
municipality: ['Ashland', 'Chelmsford', 'Littleton', 'Peabody', 'Saugus', 'Stoughton', 'Waltham', 'Wrentham']
Text:
  MassDEP worked with Attorney General Martha Coakley's Office, which entered into a settlement with Saugus-based Aggregate Industries-Northeast Region, Inc. The judgment resolves alleged violations of the Massachusetts Clean Air Act at ten (10) of the company's construction and building materials production facilities in the state. Under the terms of today's consent judgment, Aggregate-Northeast must pay a $587,000 civil penalty, $75,000 of which will be waived if the company complies with the terms of the settlement. The judgment orders the company to submit modifications that Aggregate will make to several of its facilities without requisite approval from MassDEP. Aggregate is now required to burn 50% more natural gas, which is cleaner than their other fuels at its Saugus facility. The company must also reduce the amount of sulfur in the waste oil its Saugus facility burns. Aggregate-Northeast has also agreed to hire an independent auditor (an individual who the Attorney General's Office, and MassDEP, must approve) to assess and improve the company's environmental management system for the company's twenty-eight (28) Massachusetts facilities. Finally, the settlement resolves violations of the Massachusetts Clean Air Act, the Massachusetts Clean Waters Act, the Massachusetts Hazardous Waste Management Act, and the Massachusetts Oil and Hazardous Material Release Prevention and Response Act. These violations occurred in the Saugus, Chelmsford, Peabody, Waltham, Ashland, Littleton, Weymouth, Hyannis, Stoughton, and Wrentham facilities.


Date: 4/16/08
municipality: []
Text:
  MassDEP executed a Unilateral Order involving the town of Manchester. The town is required to address violations of the Massachusetts Drinking Water regulations. MassDEP has determined that the town has allowed land uses other than those directly related to the provisions of public drinking water to occur within the Zone I, which is the protective radius, around its Lincoln Street public water supply well.4/16/08


Date: 4/15/08
municipality: ['Somerville']
Text:
  MassDEP entered into a Consent Order with 61 Clyde Street Acquisition, LLC for Waste Site Cleanup violations in Somerville. As owner and/or operator of the property at 61 Clyde Street, the LLC failed to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 7/28/04. Today's Order requires final completion statement by no later than 7/30/08. Today's Order also contains a provision for stipulated penalties for any missed deadlines.4/15/08


Date: 4/15/08
municipality: ['Lowell']
Text:
  MassDEP has executed a Consent Order with a $10,000 Penalty regarding Lowell Car Care Center, LLC, for Waste Site Cleanup violations at 219 East Merrimack Street in Lowell. The company owns this property where they failed to meet cleanup deadlines established in a Notice of Noncompliance issued by the Department on 12/20/07. Today's Order requires the submittal of a report on site conditions (Tier Classification) by no later than 4/15/08 followed by an Immediate Response Action status report by 4/30/08. After that, the company will submit a phase II by 10/31/08, a phase III by 3/31/09, a phase IV by 10/31/09, and a final outcome by 2/28/10. MassDEP has agreed to suspend $7,500 of the Penalty pending compliance.


Date: 4/15/08
municipality: ['Lawrence']
Text:
  MassDEP executed a Consent Order with a $36,000 Penalty regarding the Andover Street Automotive, Inc. for Waste Site Cleanup violations at 580 Andover Street in Lawrence. The company owns the property where it failed to submit the following


Date: 4/15/08
municipality: ['New Bedford']
Text:
  MassDEP entered into a Consent Order with Brittany Dye and Printing Corporation for Air Quality violations at its facility in New Bedford. The facility requested a revised compliance schedule, which included dates for implementing ink reformulations to reduce emissions, stack reconfiguration and further stack emission testing to determine compliance. The facility will submit air quality plan approval to mitigate odor conditions. The application shall include a demonstration that at no time shall the facility cause a condition of air pollution and an evaluation of the compliance status.


Date: 4/15/08
municipality: ['Whitman']
Text:
  MassDEP entered into a Consent Order with an $862.50 Penalty regarding T&K Asphalt Services, Inc. for Hazardous Waste violations at its facility in Whitman. MassDEP, in responding to a complaint, DEP conducted a site inspection at their facility and identified a number of violations The company conducted a self-audit and took immediate steps to correct the issues. Today's Order requires the company to register as generator of waste oil and operate in compliance. Also, T&K Asphalt Services, Inc. will complete a Supplemental Environmental Project (SEP) to retrofit two of its diesel trucks at a cost of $3,890.


Date: 4/14/08
municipality: ['Quincy']
Text:
  MassDEP entered into a Consent Order with a $16,000 Penalty regarding W. C. Canniff & Sons for Hazardous Waste and Industrial Waste violations in Quincy. Canniff was was found to have engaged in Illegal disposal of a hazardous waste and illegal disposal of industrial wastewater. Canniff is the largest monument maker in Massachusetts. For over 40 years, the company disposed of paint thinner and acid from the cleaning of the monuments into a hole in the floor of the facility. In addition to the penalty Canniff must conduct and document an environmental assessment of the property. Through the application of MassDEP's small business policy, MassDEP has agreed to suspend $17,625 if Canniff remains in compliance for one year.


Date: 4/14/08
municipality: ['Lowell']
Text:
  MassDEP entered into a Consent Order with Anil Patel for Waste Site Cleanup violations at 1403 Gorman Street in Lowell. Anil Patel is Trustee of 1403 Gorham Street Realty Trust, the owner and/or operator of the property where a failure to meet deadlines has occurred as established in a Notice of Noncompliance issued on 1/17/08. Under today's Order, the Trust has agreed to submit a phase II and, if necessary, a revised phase III by 8/31/08. Afterwards, a phase IV is due no later than 10/31/08 and a final outcome statement by 10/31/09. There are stipulated penalties for any missed deadlines.4/11/08


Date: 4/11/08
municipality: ['Auburn']
Text:
  MassDEP entered into a Consent Order with a $2,500 Penalty regarding the town of Auburn for Water Pollution Control violations at Brooks Road in Auburn. MassDEP found the town had discharged untreated sanitary wastewater, during a sanitary sewer overflow incident, from the municipal sewer system into the area of Brooks Road into Kettle Brook. The Town failed to provide timely notification of the bypass to MassDEP and failed to follow its approved spill response plan whereby it would notify downstream communities. Under terms of today's Order, the town has agreed to comply with the notification procedures in the approved spill response plan, and to conduct inspections and submit a report to MassDEP assessing the condition of the sewer system and its manholes. The town will also conduct the necessary repairs to the system and upgrade sewer manhole covers as necessary. Finally, the town will provide an additional $5,000 to the Blackstone River Coalition for a Supplemental Environmental Project (SEP) to pay printing costs for publication of the Coalition's pamphlet titled "A Homeowner's Guide to Protection Water Quality in the Blackstone River Watershed". The town will assist in protecting the watershed by providing a standby notification procedure for town employees.


Date: 4/11/08
municipality: ['Holliston']
Text:
  MassDEP entered into a Consent Order with a $6,075 Penalty regarding Kidde-Fenwal, Inc. for Hazardous Waste Management and Industrial Wastewater violations in Holliston. Earlier this year, a company audit resulted in a reporting to MassDEP that the company had stored hazardous wastes for periods longer than allowed and had burned small amounts of excess waste solvents. In addition, the company reported that it had discharged industrial wastewaters to the ground without having a permit. Under the terms of today's Order, MassDEP acknowledges the company has complied with the Self-Audit policy, and therefore the Penalty is equivalent to the company's economic benefit realized through the noncompliant activities. The company, which quickly returned to compliance, will result in the proper management of its (small) amounts of hazardous wastes. Further, the illegal discharge of industrial wastewater to the ground will be eliminated.


Date: 4/10/08
municipality: ['Brimfield']
Text:
  MassDEP entered into a Consent Order with Aptt Industrial Saws, Inc., for Waste Site Cleanup violations at its 40 Sturbridge Road facility in Brimfield. Aptt failed to meet cleanup deadlines established in a Notice of Noncompliance issued by the Department in November 2006 and deadlines contained in a Consent Order from September 2007. During August and September 2007, the environmental consultant (Licensed Site Professional) indicated that additional sources of contamination (a floor drain and drywell) had been identified at the site. The LSP at that time indicated further assessment activities were needed and requested an extension of the deadlines. Since then, phases II, III, and IV reports were all submitted in February and March 2008. Today's Order will establish deadlines for submitting a Release Abatement Measure statement and the final inspection statement and outcome by no later than 10/1/08. Today's Order also contains a stipulated penalty provision for any missed deadlines.4/9/08


Date: 4/9/08
municipality: ['Northampton']
Text:
  MassDEP entered into a Consent Order with the city of Northampton for Solid Waste violations at its landfill in Northampton. MassDEP found ongoing landfill gas issues that require the closure of 4.5 acres of the landfill commencing in June, cessation of the use of alternative daily cover, and third party odor evaluation. Today's Order also contains provisions for interim closure and future gas management evaluation.4/7/08


Date: 4/7/08
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding James G. Grant Co., Inc., for Asbestos violations at 17 Ocean Avenue in Gloucester. MassDEP personnel responded to a complaint of improper asbestos removal and demolition at the property and determined that Grant had demolished a former church building at the address without notifying the Department as required. MassDEP has agreed to suspend $500 of the Penalty pending compliance for a one-year period.


Date: 4/7/08
municipality: []
Text:
  MassDEP executed a Consent Order with a $2,000 Penalty regarding East Freetown Auto Salvage, LLC for Hazardous Waste Management and Solid Waste violations in East Freetown. MassDEP found a number of hazardous waste management violations, solid waste violation and the unpermitted release of contaminants to the air, due to the failure to remove refrigerants (Freon and other chlorofluorocarbons) prior to crushing vehicles. Freon or other chlorofluorocarbons are considered greenhouses gases and/or stratospheric ozone depleting gases that contribute to global warming and climate change when released into the ambient atmosphere. Today's Order requires the violator to have the proper certified equipment and training for the legal removal, capture and containment of freon and other chlorofluorocarbons. Today's Order also requires the removal of solid waste and compliance with all hazardous waste violations at the site. However, the company has been properly removing mercury switches from the vehicles and collecting them for transport to the appropriate collection contractors.


Date: 4/4/08
municipality: ['Orleans']
Text:
  MassDEP issued a Unilateral Order to Daniels Recycling Company Inc. for Stormwater Discharge violations in Orleans. MassDEP issued the Order requiring the company to commence immediately the installation of all necessary temporary stormwater controls to prevent stormwater from causing off-site impacts. Under today's Order, the company must also submit a plan within 60 days to install permanent stormwater control at the facility.


Date: 4/3/08
municipality: ['Longmeadow']
Text:
  MassDEP entered into a Consent Order with the Lois Stebbins Revocable Trust for Waste Site Cleanup violations at 67 Dover Road in Longmeadow. As owner of the property, the Trust failed to submit an Immediate Response Action status report as require along with the phase II report and the phase III plan before the deadline. Today's Order establishes deadlines for the submittal of the IRA report by 4/25/08 and submittal of the phase II report and phase III plan, or final outcome by 10/1/08. The Order also serves as a Notice of Noncompliance and contains stipulated penalties for any future noncompliance with MassDEP deadlines.4/3/08


Date: 4/2/08
municipality: ['Plympton']
Text:
  MassDEP executed a Consent Order with a $15,807 Penalty regarding the town of Plympton for Solid Waste violations at a site off Ring Road in Plympton. The town operated and maintained a transfer station without obtaining solid waste management facility permits as required. The town will be allowed to temporarily operate the existing transfer station and recycling drop-off center provided permit applications for the transfer station are obtained.


Date: 4/1/08
municipality: ['Brockton']
Text:
  MassDEP executed a Consent Order with Shore Auto Repair Service for Waste Site Cleanup violations at 774 North Main Street in Brockton MassDEP has identified violations of the requirements associated with this facility's final cleanup outcome statement as a result of a MassDEP comprehensive audit. . Mary Colarusso, property owner, was issued a Notice of Noncompliance and given deadlines to make corrections. The company and owner have failed to meet a 60-day deadline as established. Prior to the expiration of the deadline, the Department received a request from Colarusso for additional time to address the violations. Today's Order establishes a new deadline to correct the violations.


Date: 4/1/08
municipality: ['Weston']
Text:
  MassDEP executed a Consent Order with a $25,300 Penalty regarding Liberty Mutual Insurance Company for Water Pollution Control violations at 9 Riverside Road in Weston. MassDEP found the company violated its Ground Water Discharge Permit in 2006 and 2007. Previously, MassDEP and the company entered into a Consent Order in 2002 that required them to construct a wastewater treatment plant, apply for a ground water discharge permit and achieve full compliance. In January 2006, MassDEP issued a Notice on Noncompliance for exceeding ground water discharge permit parameters for flow, nitrate nitrogen, total nitrogen, and fecal coliform. MassDEP has now found exceedances for fecal coliform, total suspended solids, nitrate nitrogen, total nitrogen, and biological oxygen demand. Therefore, Liberty Mutual must submit a comprehensive wastewater system evaluation report to MassDEP for its review and approval and then implement the findings, which will bring the treatment plant into compliance with its permit. MassDEP has agreed to suspend $5,300 of the Penalty pending compliance.


Date: 4/1/08
municipality: ['Gloucester']
Text:
  MassDEP entered into a Consent Order with a $1,000 Penalty regarding Mac's Contracting, Inc. for Asbestos violations at 17 Ocean Avenue in Gloucester. MassDEP responded to a complaint of improper asbestos removal and demolition and determined that the company had demolished a former church building at the address without notifying the Department as required. MassDEP has agreed to suspend $500 of the Penalty pending full compliance for one year.


Date: 4/1/08
municipality: ['Charlemont']
Text:
  MassDEP entered into a Consent Order with Country Aire Campground, for Water Pollution Control and Water Supply violations in Charlemont. Today's Order provides a schedule for the owner to bring the facility into compliance with the regulations.


Date: 3/31/08
municipality: ['Newton']
Text:
  MassDEP entered into a Consent Order with Forty-Nine Union Trust for Waste Site Cleanup violations at 49-63 Union Street, Newton. The Trust, which owns the property, failed to meet deadlines set forth in MassDEP's Notice of Audit Findings/ Notice of Noncompliance dated 7/9/07. MassDEP found a failure to adequately delineate the extent of contamination, identify contaminant exposure pathways, and use the proper risk-characterization method for the site based on the audit of a cleanup measure submitted on 11/17/06. New deadlines have now been set o return to compliance with the submittal of phases II and III and IV and a post-audit completion statement no later than 9/30/08. After which, a final outcome or remedy status is due by no later than 11/20/08.


Date: 3/31/08
municipality: ['Brockton']
Text:
  MassDEP issued a Unilateral Order and a $31,720 Penalty Assessment to Mike & Baro, Inc., for Waste Site Cleanup violations at Torrey Street in Brockton. In March 2006, MassDEP determined during the removal-replacement of underground storage tanks that a release of petroleum to the surrounding soil and groundwater occurred. Knowledge of that release triggered the need for additional response actions. The owner has failed to conduct any response actions since that time and has failed to comply with MassDEP's Notice of Noncompliance that was issued in August 2007. The owners have also failed to communicate any intent to conduct response actions. In addition to the Penalty, today's Order requires the owners to initiate response actions.


Date: 3/31/08
municipality: ['Chesterfield', 'Pittsfield']
Text:
  MassDEP executed a Consent Order with a $3,000 Penalty regarding Del-Rich, Inc., for Waste Site Cleanup violations in Pittsfield. The company, an excavation contractor, failed to immediately notify MassDEP (as required) following a 15-gallon diesel fuel spill. The 4/17/07 release was not reported until 8/27/07 when Del-Rich had completed cleanup of the release. Under today's Order, Del-Rich has agreed to retrain its employees on notification requirements for and response to releases of oil and hazardous materials, and implement a Supplemental Environmental Project (SEP). The company will undertake a culvert retrofit project on Tower Brook in Chesterfield. The culvert had been retrofitted in early 2005 to improve habitat for coldwater fish species such as Atlantic salmon and brook trout, and facilitate upstream migration of fish. A significant rainstorm in October 2005 however, damaged the improvements, and Del-Rich will restore the culvert to pre-storm conditions. Proponents of the Tower Brook project include the Mass Riverways Program, the University of Massachusetts Extension Service and the Nature Conservancy. MassDEP has agreed to suspend the entire Penalty pending compliance.


Date: 3/31/08
municipality: ['Cheshire']
Text:
  MassDEP entered into a Consent Order with Brian Tenczar for Wetlands violations in Cheshire, related to site preparation for construction of a single family home. Today's Order requires site assessment and restoration as well as filing and obtaining approval prior to any future activity at the site, which may alter or impact resource areas at the site. The owner alleged to having met with the Conservation Commission and obtaining verbal approval for activities, although the Conservation Commission issued an enforcement order following commencement of activities.3/31/08


Date: 3/28/08
municipality: ['Brockton']
Text:
  MassDEP entered into a Consent Order with a $14,000 Penalty regarding the Willcam Holdings, Inc., for Waste Site Cleanup at 212 North Cary Street in Brockton. As owner of this commercial property, Willcam Holdings is responsible for the cleanup of the former junkyard because of prior release of oil and hazardous materials and has repeatedly missed deadlines. The company also failed to address a January 2007 Notice of Noncompliance sent by MassDEP. In addition to the Penalty, today's Order establishes deadlines for the Trust to complete response actions.


Date: 3/27/08
municipality: ['Tyngsborough']
Text:
  MassDEP entered into a Consent Order with Piconics, Inc. for Water Supply violations in Tyngsborough. The company was found to be in violation of the Surface Water Treatment Rule, specifically groundwater source under the influence of surface water, and for violation of the Lead and Copper Rule, specifically Public Notification of the Treatment Technique Violation.3/26/08


Date: 3/25/08
municipality: ['Merrimac']
Text:
  MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Merrimac for Water Pollution Control violations. Today's Order requires the town to address excessive infiltration and inflow into the Merrimac sewer system, which has led to sanitary sewer overflows, and violations of flow limits at the town's wastewater discharge plant. Under today's Order the town has agreed to institute an aggressive program to remove sump pumps illegally connected to the sewer system. MassDEP has agreed to suspend the Penalty pending satisfactory completion of the abatement work.3/24/08


Date: 3/24/08
municipality: ['Belchertown']
Text:
  MassDEP issued a Boil Order to Aquarius Water Co. (Sports Haven Mobile Home Park) in Belchertown. MassDEP issued an order after a water main break occurred at the Park and concerns about drops in water pressure and back siphonage. The Park is located in Belchertown and has been the subject of previous orders and prior court decrees.3/24/08


Date: 3/20/08
municipality: ['Mashpee']
Text:
  MassDEP issued a $1,000 Penalty Assessment to MEZ Realty, Inc., for Water Supply violations at its Lakeside Trailer Park location in Mashpee. The Park, which is located off Route 151, failed to maintain water pressure within its distribution system. Regulations require that all service connections have a minimum residual water pressure at street level or at least 20 pounds per square inch under all conditions of flow. MassDEP observed a low-pressure condition at a service connection within the park on 2/19/08. The privately owned, public water supply has been cited on past occasions for similar violations. On 1/5/07, MassDEP had issued a Unilateral Order for low-pressure conditions that required MEZ Realty to evaluate the distribution system and provide recommendations to prevent similar conditions from occurring. That evaluation of the distribution system has not been completed nor has the supplier provided a report by 9/1/07 as required.


Date: 3/19/08
municipality: ['Fitchburg', 'Westminster']
Text:
  MassDEP executed a Consent Order with a $9,000 Penalty regarding the Pine Tree Realty Trust for Waste Site Cleanup violations at 215 Crawford Street in Fitchburg. The Trust, based in Westminster, failed to notify as required after a release of metals and PCBs at 215 Crawford Street in Fitchburg. The Trust owns this commercial property. In addition to the Penalty, the Trust has since hired a Licensed Site Professional who has been retained for the purpose of conducting initial site investigations, and bringing the site into compliance.


Date: 3/19/08
municipality: ['Townsend']
Text:
  MassDEP executed a Consent Order with a $1,500 Penalty involving Yun's Corporation (d/b/a Champion Cleaners) for Water Pollution Control, Environmental Results Program and Air Quality violations in Townsend. The small dry cleaning facility located in Townsend failed to inspect its dry cleaning system for vapor leaks, failed to keep on-site records of perchloroethylene purchase, and illegally discharged boiler blowdown from its operation into its on-site septic system. In addition, it made false statements on its ERP certification form. In addition to the Penalty, today's Order requires the company to comply with all applicable regulations.


Date: 3/19/08
municipality: ['Athol']
Text:
  MassDEP issued a $250 Penalty Assessment to Norman Gilmore of Athol for Air Quality violations, conducting unapproved open burning. The Penalty was issued in response to the Athol Fire Department's referral, which responded to multiple incidents of burning of refuse and other material at Gilmore's residence. A video clip of the activity was provided by the Fire Department showing the illegal burn.


Date: 3/18/08
municipality: ['Springfield', 'Whately']
Text:
  MassDEP issued a $4,600 Penalty Assessment to Associated Building Wreckers, Inc. - of Springfield - for Air Quality violations at a demolition site in Whately. The company failed to use dust mitigation measures. MassDEP has previously assessed penalties against this company for excessive dust emissions during demolition operations in 2003 and 2006.3/18/08


Date: 3/13/08
municipality: ['Boston']
Text:
  MassDEP executed a Consent Order with a $12,360 Penalty regarding the Tufts-New England Medical Center for Hazardous Waste Management and Air Quality violations at its Boston facility. MassDEP inspected the facility in May 2007 and determined that Tufts was improperly disposing of pharmaceutical drug wastes containing acutely hazardous waste. Numerous additional hazardous waste storage and recordkeeping violations were observed, as well as air quality violations regarding the Hospital's operation of on-site emergency generators. In addition to the Penalty, today's Order requires Tufts to immediately implement proper hazardous waste management practices regarding pharmaceutical drug wastes, and assure that all additional violations identified in the Order are corrected.3/13/08


Date: 3/11/08
municipality: ['Fairhaven']
Text:
  MassDEP entered into a Consent Order with a $17,500 Penalty involving Fairhaven Shipyard & Marina, (a.k.a. applicant) Rodman Candle Works Realty LLC, for Chapter 91 and Wetlands Protection Act violations in Fairhaven. The existing marina expanded over 6,000 square feet beyond the authorized footprint licensed by MassDEP. The applicant paid a penalty of $4,375 and developed a Supplemental Environmental Project (SEP) in which the Fairhaven Fire Department will receive a boat slip for a five-year period, value of $14,000, and the Coalition for Buzzards Bay received a boat slip, value of $10,500 for a five-year period at no cost, a total value of $24,500.


Date: 3/10/08
municipality: ['Lincoln']
Text:
  MassDEP entered into a Consent Order with an $8,700 Penalty regarding Gem Plumbing and Heating, Inc., for failure to submit written notification to MassDEP for removal of friable asbestos containing material (ACM). The company, which is located in Lincoln RI, also committed asbestos work practice violations during the removal of asbestos from a residential property.


Date: 3/8/08
municipality: ['Erving']
Text:
  MassDEP executed a Consent Order with Julia Stemple for Water Supply violations at the Farley Water Association in Erving. Stemple has agreed to correct the violations at this public water system that serves a number of homes in Erving. Under the Order, the owner of the home has agreed to a schedule whereby the system will either reduce its connections to a level below the threshold for a public water system or fully comply with all drinking water requirements for its public water system.3/7/08


Date: 3/7/08
municipality: ['Newburyport']
Text:
  MassDEP entered into a Consent Order with the Newburyport Redevelopment Authority for Waste Site Cleanup violations at Water Street in Newburyport. The Authority, as owner/operator of the site, failed to submit phases II, III and IV reports along with a final response outcome in accordance with deadlines specified in the regulations. The Authority responded to MassDEP's 5/17/07 Notice of Noncompliance with a proposed schedule to return the site to compliance, which was incorporated into today's Order. In addition, stipulated penalties are included for any missed deadlines or noncompliance.3/7/08


Date: 3/7/08
municipality: ['Dartmouth']
Text:
  MassDEP entered into a Consent Order with Dartmouth Gas & Service, Inc., for Waste Site Cleanup violations at 582 Dartmouth Street in Dartmouth. The company owns a gasoline station at this property where a petroleum release from its former underground storage tanks occurred. The company has failed to complete response actions at the site in a timely manner and has requested additional time in which to comply. Today's Order establishes new deadlines for Dartmouth Gas to complete response actions at the Site and establishes stipulated penalties should it failed to complete response actions in a timely manner.


