Enforcement Actions - 2006
MassDEP enforcement actions are also available for 2008 | 2007 | 2006 | 2005 | 2004
Find also reports, data, appeals, more... December 2006
12/28/06: MassDEP entered into a Consent Order with an $8,200 Penalty involving Garelick Farms, LLC, a Delaware-based corporation, for Waste Site Cleanup violations in Franklin. The company failed to notify MassDEP of a release of 50 gallons of diesel fuel within the required timelines. In the wake of its failure to notify, the company has now moved to comply with additional requirements including hiring the appropriate cleanup professionals.
12/28/06: MassDEP entered into a Consent Order with a $36,360 Penalty regarding Tempron Products Corp., a small rubber products manufacturer operating at 26 Granite Street in Milford for Hazardous Waste violations. During an inspection by MassDEP in 2005, it was determined that the company failed to label a hazardous waste and a waste oil container. MassDEP issued a Notice of Noncompliance in June of 2005. A follow-up inspection and subsequent telephone conversations with company officials revealed the company illegally disposed of the hazardous waste and waste oil by using it to help ignite a pile of brush at a company official's home. Under the terms of today's Order, the company, a small business with documented financial hardship, will pay $500 with the balance suspended for a year pending compliance with applicable regulations.
12/28/06: MassDEP has issued a $36,625 Penalty Assessment Notice to Joseph T. Duggan for Asbestos violations at 225-233 Shrewsbury Street in Worcester. A MassDEP inspection of a renovation project at that location in February 2006 found (12) unmarked household trash bags containing dry, friable asbestos insulation that had been generated by the renovation activities. Additionally, MassDEP inspectors observed pieces of dry, friable asbestos insulation uncontained on the floor at the Site. Efforts to reach a negotiated settlement with Duggan have been unsuccessful.
12/28/06: MassDEP executed a Consent Order with a $20,000 Penalty involving Oak Point Properties I, LLC, of Middleborough for Water Pollution Control violation. The unauthorized construction of sewers and relocation of the main pump station without receiving final approvals in violation of the Massachusetts Clean Waters Act, and the Sewer Extension and Connection Permit Program.
12/28/06: MassDEP executed a Consent Order with a $36,860 Penalty involving Tempdon Products Corporation of Milford for Hazardous Waste violations in Milford. During a MassDEP inspection at the company to determine compliance with a Notice of Noncompliance, it was determined that the company had not complied with the labeling requirements, and that the company illegally disposed of the hazardous waste and waste oil by using it to help ignite a pile of brush at a company official's home. Based on financial hardship and under MassDEP's small business policy, $36,360 of the Penalty will be suspended pending compliance.
12/28/06: MassDEP executed a Consent Order Heath-Hammond, LLC, owner of 639 Hammond Street in Brookline for Waste Site Cleanup violations. Specifically, the company was cited for failure to meet deadlines set out in an Interim Deadline Letter issued on 10/3/06. The former, auto shop is being developed for residential use. The owner recently purchased the site and requires extra time for removal of up to 300 yards of contaminated soil. Today's Order establishes a deadline for submitting Waste Site Cleanup reports with a final (or Response Action Outcome) statement. Today's Order also contains a stipulated penalty provision for any missed deadlines.
12/28/06: MassDEP executed a Consent Order with a $12,500 Penalty involving Rainbow Builders of Ashland for Water Pollution Control violations. Daniel Aho, President of Rainbow Builders, based in Rindge, N.H., failed to obtain a sewer extension permit before building the site infrastructure for a subdivision of 10 single-family home lots. Six of the homes were built, sold and occupied prior to MassDEP's unannounced site inspection. In addition to the Penalty, the company must obtain Massachusetts Historical Commission approval before the sewer permitting process can resume.
12/22/06: MassDEP entered into a Consent Order with a $6,600 Penalty involving the Department of Mental Health, operator of Worcester State Hospital. The hospital was found to be storing waste oil for longer time periods than allowed by its registered status; failed to record inspections of the waste oil accumulation area; and, failed to follow numerous other hazardous waste management requirements such as proper marking and labeling, posting of signs, and keeping hazardous waste containers closed. In addition to the Penalty, the Hospital will maintain compliance with all applicable regulations.
12/21/06: MassDEP entered into a Consent Order with a $21,750 Penalty involving the Boston Medical Center (BMC) for Hazardous Waste compliance violations. On 3/20/06, 40 packets of acid-based hazardous materials were improperly disposed, resulting in vaporization and harmful air emissions and, as a pre-caution the premises at 715 Albany Street had to be evacuated. In addition to the penalty, BMC has agreed to re-train it employees in the proper use, storage and disposal of hazardous waste and to develop and implement an Environmental Management System (EMS).
12/21/06: MassDEP entered into a Consent Order with Wyeth Pharmica for Air Quality Control violations at its Burtt Road facility in Andover. Today's Order contains a compliance schedule for replacement of a failed heat exchanger serving an air pollution control (APC) system at the company's biotech facility in Andover. The heat exchanger, which failed at the end of November 2006, served the air pollution control system on its combustion turbine generator. Wyeth operates two generators that provide power for its biotech manufacturing processes. Wyeth has agreed to purchase discrete nitrogen oxide (Nox) credits in the amount of the excess emissions occurring during this period. Worst-case calculations indicate that it will be necessary to purchase and permanently retire approximately two tons of Nox Emission Reduction Credits. Wyeth will be subject to daily-stipulated penalties if it fails to meet any of several aggressive interim milestone dates contained in today's Order leading to the installation and operation of the new heat exchanger.
12/20/06: MassDEP entered into a Consent Order with A-Z Service Station, Inc., for Waste Site Cleanup violations at1550 Commonwealth Avenue in Brighton (Boston). Specifically, violations involved failure to meet deadlines established in a Notice of Noncompliance issued by MassDEP on 10/3/06. Today's Order establishes a deadline for submitting a permit extension by 1/30/07 as well as deadlines for submitting cleanup reports including a final (Response Action Outcome) statement and stipulated penalties for any missed deadlines.
12/20/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Waste Site Cleanup violations at 879 Blue Hill Avenue in Dorchester (Boston). William F. Cranmore as Trustee of Avenue Realty Trust, which owns the property, was cited for failure to submit either a Phase I Report or a final (Response Action Outcome) statement by the deadlines established. Today's Order requires either a Phase I Report or an RAO Statement for the site by 8/1/07. MassDEP has agreed to suspend $22,500 of the Penalty provided the terms of the Order are met.
12/19/06: MassDEP executed an Amended Consent Order with Penalties for Waste Site Cleanup violations involving Manuele Scata d/b/a "Auto Doctor" at 1181 Bennington Street in East Boston. A longstanding issue of "gasoline" in groundwater is associated with the "Auto Doctor" property, which is immediately adjacent to the Belle Isle Marsh, an area that has been designated as of Critical Environmental Concern. Underground Storage Tanks, or USTs, were previously removed from Scata's property, and soil contamination was identified. Under today's Order, Scata has agreed to address any conditions that require Immediate Response Actions, and to submit a final (or Response Action Outcome) statement no later than 12/20/09. In addition to the paying $4633.71 for costs incurred by MassDEP in relation to this site, Scata will pay $4,000 in outstanding annual compliance assurance fees. Today's amended Order also requires Scata to pay a $15,000 Civil Administrative Penalty. MassDEP has agreed to suspend, $10,000 of the Civil Administrative Penalty provided all terms of today's Order are met.
12/19/06: MassDEP entered into a Consent Order with a Mendon Cape Road LLC owners of the building being leased by the Just-A-Wee Day Care Center in Mendon for Water Supply violations. The LLC is a Public Water System for the facility, which is currently licensed to serve a capacity of 73 children plus staff. Today's Order ensures that the water supplied to the children and staff is properly monitored as required by the Clean Water Act.
12/18/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Stephen Caruso as Trustee of R & S Realty Trust for Waste Site Cleanup violations at 320 Charger Street, Revere. The Trust is the current owner of the site where failure to meet deadlines set out in a Notice of Noncompliance issued by MassDEP on 7/21/06. Today's Order establishes a deadline for the Trust to submit permit extension (12/30/06) as well as deadlines for submittal of a Phase III, Phase IV and final outcome statement. MassDEP agreed to suspend $20,000 pending compliance with the terms of the Order.
12/18/06: MassDEP entered into a Consent Order with a $24,135 Penalty involving Asbestos violations at the Topia Inn in Adams. Jean Godbout conducted the illegal asbestos removal at 10 Pleasant Street. MassDEP received a complaint in February of 2005 alleging illegal removal and disposal, and an investigation confirmed that asbestos siding had been improperly handled. Transite had been stripped from the three-story building and dropped to the ground causing broken pieces to be scattered on the sidewalk and the street. MassDEP has agreed to suspend $16,135 of the Penalty pending compliance over a two-year period.
12/15/06: MassDEP entered into Consent Order(s) regarding Water Supply violations at two Hostelling International, USA, locations in Eastham and Nantucket. Hostelling International operates these two youth hostels at which unapproved public water supplies were being utilized. Today's Order requires that each location take the appropriate steps to bring the facilities into compliance with Water Supply regulations.
12/15/06: MassDEP entered into a Consent Order with a $14,750 Penalty involving Wetlands violations at Attleboro Sand & Gravel Corporation in Attleboro. Specifically, the company was allowing the unauthorized discharge of sediment to the Ten Mile River. The discharge resulted when the company (which owned the property prior to the current owner) located a pile of excavated soil within the Riverfront area without any proper sedimentation controls and sediment was discharged during a rain event through ditch depositing silt into a bordering vegetated wetland and the Ten Mile River in Attleboro. Today's Order requires Attleboro Sand & Gravel to remove the pile within the Riverfront Area. The company has also agreed to conduct a Supplemental Environmental Project (SEP) in the amount of $11,100 in which it will assist the City of Attleboro to repair the Farmers Pond Dam in the Ten Mile River by replacing the old deteriorating structure with a new dam. The City performed the permitting and design for the dam. Attleboro S&G will hereafter help the City to construct the dam by providing labor, equipment and materials. Repair of old deteriorating dams provides a significant benefit for the safety of the downstream public and infrastructure especially in urban settings like this. Last year the City of Taunton was threatened with the failure of a dam in its downtown area. In that instance, emergency repairs were required and city residents had to be evacuated for a number of days because of the threat of dam failure. The company will pay $3,650 in addition to the SEP.
12/15/06: MassDEP executed a Consent Order with Mascoma Land Company (Ken and Denise Pincince) of Ware for Water Supply violations. The company operates a day-care center that in that capacity operates as a public water system serving a day care and a residence. Water Quality results indicated that the copper Action Level was exceeded. Today's Order requires the installation and operation of corrosion control to ensure a safe drinking water supply for any consumer at the facility.
12/14/06: MassDEP entered into a Consent Order with a $16,000 Penalty involving Connecticut Valley Sanitary Waste Disposal, Incorporated for Solid Waste violations at the Chicopee landfill. Specifically, today's Order addresses continued intermittent odors emanating from the Chicopee Landfill. MassDEP has agreed to suspend $6,000 of the Penalty pending compliance with the terms of the Order.
12/14/06: MassDEP issued a demand for a $1,000 previously suspended Penalty involving Gary Suffriti, Agawam (WERO): MassDEP issued a Demand for suspended penalty to Gary Suffriti, who owns and operates a construction company known as Suffriti Construction located in Agawam. Suffriti had agreed to perform a Supplemental Environmental Project (SEP) as part of a Consent Order executed on 9/5/05, and has failed to demonstrate that the SEP has been performed.
12/14/06: MassDEP issued a $2,000 demand for a previously suspended Penalty involving Michael Goldberg who is an independent developer and resides in East Longmeadow. Goldberg had agreed to implement an Environmental Management System (EMS) as part of his obligation under a Consent Order executed on 3/7/05. Goldberg has failed to demonstrate that the EMS has been implemented.
12/14/06: MassDEP executed a Consent Order with a $30,000 Penalty involving Wetlands violations on Salisbury Beach Island, Salisbury. Arlene M. Leakeas, the trustee, was cited for violations at a residential property. The site is located on a barrier beach with a coastal dune and is subject to an order of conditions. The order allows for the construction of a single-family house and elevated boardwalk over the dune. MassDEP, however, found that the work was in non-compliance with the order and/or after expiration of the order was performed including extension of the permitted boardwalk, a poured concrete walkway, a fence, and a stone dust parking area. In addition to the Penalty, the Trust is required to restore approximately 1,500 square feet of coastal dune and/or barrier beach. MassDEP has agreed to suspend $27,000 of the Penalty provided the terms of the Order are met in one year.
12/14/06: MassDEP executed a Consent Order with Boulevard Realty Associates, LLC for Waste Site Cleanup violations at 381 Quincy Avenue, Quincy. The Trust, which owns the property failed to meet the required cleanup deadline, including a direct Notice of Noncompliance issued by MassDEP on 9/11/06. Today's Order establishes new deadlines including: 2/1/2007 for submittal of a Release Abatement Measure (status report or completion statement); and submittal of either a permit application (Tier Classification) or a final (Response Action Outcome) statement by 7/1/07. Today's Order also contains stipulated penalties for any missed deadlines.
12/13/06: MassDEP entered into an Amended Consent Order with a $6,000 Penalty regarding the Malden Water Division. The City of Malden agreed to pay $6,000 in suspended penalties for not meeting timelines established in a previous Consent Order with MassDEP. The City had not submitted information in some instances, and had submitted inadequate information in others, related to its Lead Service Line Replacement program. Boston and Regional Drinking Water Program staff met with the City to make sure the City understood what is required of it under this program. MassDEP has also prepared customized templates for the city to use in preparation of required documentation.
12/12/06: MassDEP issued Notices of Noncompliance to 52 public water supply systems for "Monitoring & Reporting" violations. The failures to monitor and/or report water quality data occurred during the third quarter of 2006. The violations included failure to monitor for various water quality contaminants including the Total Coliform Rule, Lead and Copper Rule, and Disinfection By-Product Rule. They include 21 Community systems (11 municipalities); 8 Non-Transient, Non-Community systems (two schools Bay Path Vocational in Charlton and the Dawning Place School in Dudley); and 23 Transient Non-Community systems.
12/12/06: MassDEP entered into a Consent Order with the town of Greenfield for Waste Site Cleanup violations. Greenfield, owns and operates the property at 412 Main Street (Greenfield Fire Department). At this location, Greenfield failed to submit the cleanup reports by the deadline established in a previously-issued Notice of Noncompliance issued on 3/21/06. New deadlines have now been established including the submittal of the Phase II Report by 5/14/07, and submittal of the Phase III Plan by 6/11/07. Today's Order also contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.
12/12/06: MassDEP issued a $12,500 Penalty Assessment Notice to Peter Sares for Wetlands violations at 849 Main Street in Wilbraham. Specifically, MassDEP found that Sares was responsible for cutting and clearing vegetation and leaving fill in place on approximately one acre of Bordering Vegetated Wetland. The Wilbraham Conservation Commission had issued verbal and a written enforcement order on 4/17/03, but Sares failed to remove the fill and restore the wetland. MassDEP also issued an Order to cease work to a contractor TMPMJ Enterprises, in connection with violations of the Massachusetts Wetlands Protection Act at the above location. 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.
12/12/06: MassDEP executed a Consent Order with a $30,000 Penalty involving I & C Corporation for Waste Site Cleanup violations at 201-203 Elm Street in Somerville. The corporation owns the property where a Dominos's Pizza shop is currently located. The corporation failed to submit cleanup reports within the required timelines. Today's Order includes new deadlines for submitting cleanup reports including a final (Response Action Outcome) statement. MassDEP agreed to suspend $15,000 of the Penalty pending one year of compliance.
12/12/06: MassDEP entered into a Consent Order with a $39.000 Penalty involving M.K. Realty Trust for Water Pollution Control violations in Tewksbury.
Robert Scarano, President of M.K. Realty Trust, failed to obtain a sewer extension permit before building eight residential townhouse condominiums (16 condos), a twelve-room bed and breakfast, new road (Preservation Lane) and temporary sewage pump station. The pump station will be in use until such time as the town's expanding sewer system can receive flows by gravity. The new road had already been constructed and most of the condos sold and occupied. Once the Respondent obtains Massachusetts Historical Commission approval for the project and site, the sewer permitting process will resume. MassDEP has agreed to suspend $28,000 of the Penalty provided all terms of the Order are met.
12/12/06: MassDEP entered into a Consent Order with a $7,310 Penalty regarding Holly Street Enterprises, Inc. for Air Quality violations at its facility in Gloucester. MassDEP personnel conducted the site inspection of the property on 9/6/06 and determined that the facility was not properly managing the operation of its gasoline dispensers. Holly Street had failed to comply with the applicable Stage II (vapor recovery of fuel emissions) regulations. Since this property recently changed ownership, MassDEP agreed that a $500 Penalty (comprising the inequity of economic benefit enjoyed by the facility for failing to have the system tested) would be sufficient. MassDEP has also agreed to suspend the remainder ($6,810) of the Penalty pending one year of compliance with all regulations and terms of the Order.
12/11/06: MassDEP entered into a Consent Order with a $10,060 Penalty involving New Marlborough Fire Company for Air Quality (demolition) violations. New Marlborough. MassDEP received several complaints on 3/9/06 about the demolition of a building by the New Marlborough Township Volunteer Fire Company. An inspection by MassDEP determined that excess dust was being generated, and, (while conditional approval had been given) the company failed to follow terms of the approval including: failing to notify MassDEP that the work had commenced; providing roll-off dumpsters that were not in adequate condition; and, failing to conduct proper air monitoring during the demolition operations. The company has agreed to follow the provisions of its conditional approval. MassDEP has agreed to suspend $7,560 of the Penalty pending a one-year compliance with all terms of today's Order.
12/11/06: MassDEP entered into a Consent Order with a $12,000 Penalty regarding Air Quality violations at Mustang Motorcycle Products, Inc in Palmer. On 6/5/06, MassDEP was informed by the company that for approximately 18 months, it had been operating without an air quality permit. A subsequent inspection of the facility by MassDEP on June 6, 2006, confirmed the noncompliance. The company, which cooperated fully with MassDEP, has submitted a permit application and agreed to pay $9,000 of the Penalty. MassDEP has agreed to suspend the remaining $3,000 pending the company's compliance with the terms of the Order.
12/11/06: MassDEP executed a Consent Order with $5,000 Penalty regarding Air Quality (Asbestos) violations by Jorge Salas at his Main Street property in Holyoke. Responding to a complaint from the Holyoke Department of Public Works, MassDEP found materials disposed of improperly at the City's recycling facility. The materials were traced back to Salas' property where the front entrance had been replaced causing damage to the asbestos siding. Pieces of asbestos were found scattered on the driveway and in the lawn around the house. When notified by the MassDEP of the problems, Salas immediately retained the services of a licensed asbestos contractor to properly clean up the asbestos siding found in the yard and at the City's recycling facility. MassDEP agreed to suspend $4,000 of the Penalty pending a one-year compliance period.
12/11/06: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Air Quality (Asbestos) violations at 409 Wilbraham Road in Springfield by Brian Baker of 150 Rumford Avenue in Mansfield. MassDEP found that Baker (of Mansfield) had improperly handled asbestos containing insulation material. The City of Springfield Plumbing Inspector originally alleged an old boiler had been removed from the basement of Wilbraham Road and that asbestos material littered the floor of the basement. MassDEP confirmed the illegal handling of asbestos material by Baker and required him to retain the services of a licensed asbestos contractor to clean up the basement. MassDEP has agreed to suspend $14,000 of the Penalty pending a one-year compliance period.
12/11/06: MassDEP executed a Consent Order with a $10,000 Penalty Topia Arts, LLC, of Becket for Air Quality (Asbestos) violations at 10 Pleasant Street in Adams. MassDEP received a complaint in February of 2005 alleging illegal removal and disposal of asbestos by Topia's contractors (see separate action on 12/18/06) working at the future home of the Topia Inn. An investigation by a MassDEP confirmed that asbestos siding had been improperly handled. The asbestos-cement shingles, known as "transite", had been stripped from the three-story building and dropped to the ground causing broken pieces to be scattered on the sidewalk and the street. Topia Arts quickly responded and cooperated regarding the violations; MassDEP has agreed to suspend $6,000 of the Penalty pending compliance.
12/11/06: MassDEP entered into a Consent Order with $22,400 Penalty regarding S&R Corporation for Air Quality (Asbestos) violation in Warwick. S&R, which is based in Lowell, was found to be mishandling asbestos-contaminated construction debris in August of 2005, during the demolition of the former Massachusetts Correctional Institution. Previously, in July of 2005, the facility owner, the state's Division of Capital Asset Management (DCAM) was ordered by the State Building Inspector to demolish all of the buildings at the facility because of fire and safety concerns. At DCAM's request, MassDEP issued an emergency approval with specific requirements for the demolition work. During a site inspection, MassDEP personnel found that S&R had not fully complied with the terms of the approval. S&R Corporation will pay a penalty of $8,700, while the remaining $13,700 will be suspended during a one-year probationary period.
12/11/06: MassDEP issued a Demand for $5,000 in Stipulated Penalties to the Department of Conservation and Recreation - Mount Greylock State Reservation in Lanesboro. MassDEP issued the Demand due to violations of an existing Consent Order, which took effect on 6/30/00. The Order required that the complete remediation of the Mt. Greylock State Reservation no later than 12/31/04. By request, the DEP granted an 18-month extension of deadlines on 3/7/03, agreeing to extend the deadline to complete remediation until 6/30/06. The Order calls for penalties to the Commonwealth for failure to comply with the terms of the Order. To date, the cleanup that is required to bring this facility into compliance has not been complete, specifically, DCR has not complied with the requirement to sample private residential wells within 500 feet of the gasoline release.
12/11/06: MassDEP entered into a Consent Order with the Massachusetts Department of Conservation and Recreation (DCR) for Water Supply violations at Myles Standish Forest in Plymouth. The facility serves as a public water supply system to the "cottages" or "campsites" that are leased on the State Forest property. Today's Order requires that DCR provide MassDEP with water-use records, an on-site evaluation of each water source, required monitoring data and comply with the certified operator requirements of the Drinking Water Program.
12/8/06: MassDEP executed an Amendment to an existing Consent Order with Todesca Equipment Company, Inc. for Waste Site Cleanup violations at its 19-25 Lanesville Terrace property in Roslindale (Boston). Today's Amendment requires a $2,000 Penalty (which is in addition to the original amount of $6,000) and establishes a new deadline for returning the site to compliance, specifically requiring the submittal of a Phase I Report and a Tier Classification submittal by 5/1/07. All other terms of the original Order are still in effect including the payment of $1,000 stipulated penalty in the event of non-compliance.
12/8/06: MassDEP executed an Amendment to an existing Consent Order regarding Waste Site Cleanup violations at 294 Belmont Street (Hi-Lo Gas Station) in Worcester. Richard Cravedi, signatory to the Order, has agreed to new deadlines for completion of response actions for the gasoline contamination at this location. Previously, Cravedi had submitted a Remedy Operation Status (ROS) in compliance with the agreed upon deadlines. However, new conditions at the site - including the presence of additional product - have compelled Cravedi to terminate the ROS, necessitating an amendment with new deadlines.
12/8/06: MassDEP executed a Consent Order with a $12,000 Penalty involving Peterborough Oil Company for Waste Site Cleanup violations at its Mr. Mike's gasoline station and convenience store in Ashby. A release of gasoline to the groundwater contaminated eight private drinking water wells in the vicinity of the station with MTBE. Bottled water or treatment systems were provide to residences with affected wells. In February 2002, Peterborough filed a Remedy Operation Status Submittal, asserting that no substantial hazard existed, based on the use of treatment systems as a prevention measure. MassDEP conducted an audit of the site in November 2004, and discovered that Tertiary-Butyl Alcohol (TBA) had also been detected in four private wells for a period of two years prior to the audit. The treatment systems were not filtering the TBA out of the tap water. Although a drinking water standard was not established at the time, the company did not take any action to modify their treatment systems, nor did it conduct a quantitative substantial hazard evaluation to determine the risk posed to residents by the TBA. MassDEP has agreed to suspend $1,100.00 to be suspended if it continues to comply with cleanup requirements for the next two years.
12/8/06: MassDEP executed a Consent Order with a $9,600 Penalty involving Peterborough Oil Company, Inc. for Waste Site Cleanup violations at Mr. Mike's gasoline station and convenience store in Hubbardston. A release of gasoline to the groundwater contaminated the drinking water well serving the Mr. Mike's gasoline station and convenience store. The company did not immediately notify MassDEP of the contamination in the well, and inaccurately identified the drinking water well as a private well in its submittals to MassDEP. Because the well is used for service of coffee in the convenience store, it is considered a public water supply well and therefore a Tier I Permit was required. After the violations, the company then completed the required cleanup and submitted a final outcome statement.
12/8/06: MassDEP entered into a Consent Order with a $38,000 Penalty involving Water Supply violations at Mr. Mike's gasoline station and mini-market on Main Street in Hubbardston. The site is listed as contaminated due to petroleum release, but was also operating as an unapproved Public Water Supply. C.H. Partners I Limited Partnership, Peterborough Oil immediately began using bottled water. The company has also agreed to operate the existing well in accordance with the requirements for a Public Water supply while a new compliant well is developed. Additional property has been purchased to site a new well with a compliant (protective) Zone I. A permit has been submitted, and is under review. Today's Order will ensure the water quality being served to the public at this location meets the appropriate standards.
12/8/06: MassDEP CERO entered into a Consent Order with a $2,585 Penalty regarding the Assabet Water Company in Stow for Water Supply violations. The water company failed to begin construction of the treatment facility as approved in 2004, which would have prevented a water shortage situation that occurred in the spring of 2005. The company has agreed to construct a filtration plant for a groundwater source determined to be influenced by surface water, to construct additional storage to address pressure and water quantity issues, and to address other deficiencies noted during a sanitary survey inspection. Environmental benefits of this action include providing a filtered water source to assure the quality of drinking water served to 190 homes and a golf course clubhouse.
12/7/06: MassDEP issued a Unilateral Order to ECC Corporation for Hazardous Waste violations in Holden. MassDEP's Compliance/Enforcement Section and Emergency Response, as well as EPA's Emergency Response Group and the local Fire Department inspected the building to determine if wastes presented an imminent threat to human health and the environment. The Company was found to have stored large quantities of Printed Circuit Board manufacturing waste for over a year after ceasing operations. Today's Order gives the company a short window of time to properly dispose of the waste and decontaminate storage areas.
12/6/06: MassDEP issued eight (8) Notices of Noncompliance to Public Water Systems for Lead and Copper Monitoring and Reporting failures: Ware Water Department; Warwick Community School; Sportshaven Mobile Home Park (Belchertown); Griswoldville Water District (Colrain); South Ashmere Water Association (Hinsdale); Ashmere Water Service (Hinsdale); Holland Elementary School: Brookside Village (Wales). Each of the violations at these community and non-transient non-community water systems related to a failure to monitor and report violations that occurred during 2006.
12/6/06: MassDEP issued a Unilateral Order to James G. Grant Co., of 28 Rear Wolcot Street in Hyde Park (Boston). Grant was ordered to stop receiving asbestos containing material, asbestos contaminated material, and/or asbestos containing waste material at its facility. In addition, Grant was ordered to file an asbestos cleanup proposal with MassDEP for review and approval. Grant was also sent an approval of the proposed Operation and Maintenance plan in an attempt to keep Grant in compliance while MassDEP reviewed site suitability issues for the existing unapproved transfer station operations at the site. Grant was advised that the review of the site suitability application has been suspended pending Grant's return to compliance. The actions above were the result of a join inspection conducted at the site by MassDEP and personnel representing the City of Boston.
12/6/06: MassDEP entered into a Consent Order with an $11,600 Penalty regarding Amgen (Cambridge) Real Estate Holdings, Inc for Air Quality violations. MassDEP conducted an inspection at Amgen as a routine, scheduled check of the operation of all Large Quantity Generators of hazardous waste. Due to the Department's practice of conducting cross-media inspections, the haz-waste inspector observed an evident air quality violation. Amgen has an air quality plan approval allowing the operation of an emergency diesel generator. The approval requires that Amgen burn ultra-low sulfur diesel in the unit. The inspector found that the facility was burning a higher-sulfur content diesel. Amgen has agreed to burn the proper sulfur fuel from this time forward, which will reduce its sulfur dioxide emissions.
12/5/06: MassDEP executed a Consent Order with the Holyoke Sanitary Landfill, Inc. for Solid Waste violations in Granby. Today's Order allows for extending a compliance date for the acquisition of some additional land at the landfill site. The area in question relates to a small closed portion of the landfill that was filled beyond the property line in the 1970s.
12/5/06: MassDEP issued a Demand Letter for $7,000 Payment to Boyco Corporation (owner of Metals Recycling Facility in Springfield) for failure to comply with terms of a previous Consent Order. As owner of a former scrap yard, the company failed to complete response actions relative to the release of hazardous materials at the site. Boyco had agreed to complete response actions, which included assessment, remediation, and submittal of documentation of the completion of response actions. To date, Boyco has not completed response actions and the MassDEP has not received the required submittals in conformance with the deadlines.
12/4/06: MassDEP executed a Consent Order with a $25,000 Penalty involving A&E Service Station for Waste Site Cleanup violations at 199 Concord Avenue, in Cambridge. Joseph Basile, the president of the company that is the current operator of the site, which site in a residential area of Cambridge. Specifically, the violations were for failure to submit progress reports on the cleanup according to the deadlines established. Today's Order includes new deadlines for submitting progress reports including a final outcome. MassDEP has agreed to suspend $25,000 of the Penalty pending compliance with the terms of the Order.
12/4/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving the town of Merrimac for Wastewater Management violations. In May 2005, the Town failed to notify MassDEP when high flows to their wastewater treatment plant, caused by rain, and overwhelmed their influent gravity sewer line, which flowed into an abutting wetland. The Town must start a residential program to inspect and remove sump pumps in order to eliminate excessive inflow into the sewer system. The Town must also repair sewer manholes to remove Infiltration/Inflow and conduct extensive sewer line replacement in the Lake Attitash section in order to remove excessive infiltration into the system by May of 2008.
12/1/06: MassDEP entered into a Consent Order with Little Chelsea's Learning Center, a day care facility in Spencer for Water Supply violations. Due to the number of children attending, the facility is a public water supply, but had not applied for or received authorization from MassDEP to operate as a water supply. This facility was located as part of last year's Day Care initiative inspections. The facility will hire a certified operator and take other steps to come into compliance with MassDEP regulations.
12/1/06: MassDEP executed a Consent Order with a $3,000 Penalty involving Cesyl Mills, Inc., of Millbury for Air Quality and Hazardous Waste violations. The Company was found to be violating opacity regulations and failed to comply with hazardous waste management requirements such as proper labeling of waste drums and proper signage in and delineation of its hazardous waste accumulation area. In addition to paying a $3,000 administrative penalty, the company will comply with applicable regulations and apply for an Air Quality plan approval.
12/1/06: MassDEP entered into a Consent Order with a $3,000 Penalty regarding Cesyl Mills for Air Quality and Hazardous Waste violations in Millbury. The Company was found to be violating opacity regulations and failed to comply with hazardous waste management requirements such as proper labeling of waste drums and proper signage in and delineation of its hazardous waste accumulation area. In addition to the penalty, the company will comply with applicable regulations and apply for an Air Quality plan approval
November 2006
11/30/06: MassDEP issued a Unilateral Administrative Order to the Town of Lexington for Wetlands violations. An inspection by MassDEP as a result of a citizen complaint found that the town was mowing approximately an acre of bordering vegetated wetland at the Dunback Meadow Conservation Area near Allen Street. The activity has historically been conducted for management purposes to a varying extent each year in August. The mowing in August of 2006, however, was found to have impacted a larger area than in previous years and the activity was being performed without any formal management plan or written authorization. Today's Order requires the Town to cease and desist any mowing within wetlands jurisdiction on the site until such time as a filing is made and a final written authorization is received.
11/29/06: MassDEP entered into a Consent Order with the South Hadley Fire District # 2 for Water Supply violations. MassDEP executed an agreement with this Public Water System to address total coliform detections in its distribution system. Today's Order requires the District to submit procedures for addressing the risk from construction activities and disinfection activities associated with broken water mains.
11/28/06: MassDEP issued a $21,400 Penalty Assessment Notice to Eaton Mechanical, Inc. for Air Quality (asbestos) violations at 67 Pearl Street in Middleborough. The company failed to submit written notification regarding the removal of asbestos from the basement of a three family apartment building and for violating several asbestos work practices during the removal and dismantling of a boiler and associated pipe wrapped with asbestos insulation. The work practice violations included: failure to seal the work area and failure to use air-cleaning equipment during the removal. The asbestos waste disposal violations included: failure to containerize the waste in approved leak tight containers and failure to properly label waste containers that were stored at Eaton Mechanical's business address, which is not an approved waste transfer station. Since 3/23/06 MassDEP has met and discussed with Eaton officials the violations but no resolution of the matter has been reached prompting today's action.
11/27/06: MassDEP executed a Consent Order with a $35,000 Penalty involving the Estate of Charles Balestraci for Waste Site Cleanup violations. Specifically, the Estate is the current owner of 6 Jewett Street in Rockport where a failure to submit a Phase IV Report and an RAO (final outcome) within the established deadlines. Today's Order includes a deadline for submitting a Tier II Extension, an IRA Plan, a Phase IV Report and an RAO for the site. MassDEP has agreed to suspend $30,000 of the Penalty pending compliance.
11/27/06: MassDEP entered into a Consent Order with a $25,000 Penalty involving Getty Realty Corporation for Waste Site Cleanup violations at 701 Cochituate Road in Framingham. Specifically, the violations were for late submittals of Phase III and Phase IV Reports; and for failure to achieve a Response Action Outcome (RAO) or submit a Tier Classification within timelines specified in the MCP. MassDEP has agreed to suspend $12,500 of the Penalty pending compliance.
11/24/06: MassDEP entered into a Consent Order with a $6,581.50 Penalty involving Air Safe Inc., for Air Quality (Asbestos) violations in Acton. The company, which is based in Norwood, failed to properly seal the work area and use appropriate air filtration during asbestos abatement work at the Quail Ridge Country Club in Acton. The Company was required to make repairs before continuing the project, including securing the work area so as emissions to the ambient air would not occur. MassDEP agreed to suspend $2,581.50 of the Penalty provided there are no further asbestos violations for one year.
11/22/06: MassDEP issued a Unilateral Order to Blair Enterprises Corp. for Wetlands violations at Bear Hill Estates subdivision in Rutland. Specifically, the company was cited for erosion and sedimentation in the resource area and ordered to immediately stabilize the site and hire an erosion control specialist. Additional enforcement action is still pending.
11/22/06: MassDEP Commissioner issued a Final Decision incorporating a Settlement Agreement that involves LR5-A (a limited partnership) and MR5-A (limited liability corporation) for Wetlands violations off Broadway Road in Dracut. This resolves an appeal taken when MassDEP issued a Unilateral Administrative Order when the violations were first uncovered. Today's agreement includes restoration of approximately 25,000 square feet of bordering vegetated wetlands including two vernal pools that were altered by the previous owner of a site located off Broadway Road in Dracut. The site is being developed as an 18-hole golf course and 187 single-family homes (Meadow Creek). The previous owner had been subject to a Consent Order relative to violations that resulted from sediment discharges, failed erosion controls, a failed stormwater control system and, infrastructure construction failures. This agreement with the new owners also includes correction of all project failures, future adherence to all permit requirements, and, long term monitoring requirements.
11/22/06: MassDEP issued a Unilateral Order to Blair Enterprises for Wetlands violations in Rutland. Specifically, the company was cited for erosion control violations at the Bear Hills Development in Rutland. The order requires the company to cease and desist work and requires them to take immediate steps to avoid further violations. The company will be required to hire an erosion control specialist and develop a comprehensive plan for controlling erosion on the site.
11/22/06: MassDEP entered into a Consent Order with a $4,600 Penalty involving LPI Printing & Graphics, Inc., .for Hazardous Waste Management violations in Stoneham. LPI failed to submit its annual Environmental Results Program certifications prompting MassDEP to issue a Notice of Noncompliance in October 2004. When LPI failed to respond, MassDEP inspected the facility and found hazardous waste storage and recordkeeping violations. Also, it was discovered that LPI was using non-compliant press cleaning solutions. In addition to the Penalty, LPI agrees to immediately begin use of compliant press wash solutions, and assure that all additional violations identified are corrected. The future use of these compliant solutions by LPI will, based on previous yearly totals of solution used, and will result in the elimination of approximately 3.4 tons per year of volatile organic compound (VOC) fugitive air emissions from the facility.
11/22/06: MassDEP issued a $100 Penalty Assessment Notice to LA Trucking of East Windsor, Connecticut; and Devito Trucking and National Freight of Vineland New Jersey for Air Quality (Excessive Idling) violations. MassDEP issued the Penalties after observing the violations (idling of more than five minutes) by the three trucking companies near the entrance to the Cottage Street Landfill in Springfield.
11/22/06: MassDEP entered into a Consent Order with Kripalu Center in Stockbridge for Water Supply violations. The Center, which functions as a Public Water System, agreed to address changes at the facility that affect the delineation of the current Zone I of the well. Under today's Order those changes will result in construction of an alternate groundwater source or a secure connection to the Lenox municipal water system.
11/22/06: MassDEP executed a Consent Order with a $3,774 Penalty involving the Monterey Water Company for Water Supply violations in Monterey. As a small Community Public Water System, the company connected an emergency surface water source to its system without necessary approvals or sufficient actions to protect public health. Today's Order also requires the company to conduct a Supplemental Environmental Project (SEP) to purchase leak detection equipment for the Massachusetts Rural Water Association. The monetary value of the SEP is $2,264 to the Association, which provides technical assistance to small community public water systems. MassDEP agreed to suspend $3,019 of the Penalty pending compliance
11/20/06: MassDEP issued a Unilateral Order and $31,720 Penalty Assessment Notice to Arthur Joseph Excavation for Waste Site Cleanup violations at 82 South Pamet Road in Truro. Arthur Joseph Excavation uses the property as a storage facility for heavy machinery. An inspection by MassDEP in April 2004 revealed evidence of an oil release to the soil. At that time, the company was issued a Notice of Responsibility and instructed to hire a licensed environmental professional in order to initiate response (cleanup) actions at the site. Arthur Joseph Excavation has failed to conduct any response actions. In October 2005, MassDEP issued a notice of noncompliance (NON) for failure to conduct response actions in a timely manner; the company has since that time failed to respond prompting today's Order and Penalty.
11/20/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving James M. & Christine Hurley of Brimfield for Wetlands violations. Specifically, the Hurleys were cited for site preparation work for the construction of an access drive and single-family house that constituted a violation of the Massachusetts Wetlands Protection Act. MassDEP agreed to suspend $3,750 contingent upon removal or replacement of the existing culvert with another culvert that meets current stream-crossing standards. MassDEP's action supports the local commission's Cease and Desist Order by establishing clear deadlines under which the restoration must be accomplished.
11/20/06: MassDEP issued a $2,995.20 Penalty Assessment Notice regarding the New England Kart Raceway, Inc of East Bridgewater for Air Quality (noise) violations. The company, which is doing business as F1 Outdoors at 798 North Bedford Street in East Bridgewater, was cited for excessive sound levels constituting "noise" as set forth in Massachusetts' regulations. In August of 2005, MassDEP issued a Notice Of Noncompliance, also for noise violations. Today's Penalty was issued after sound level measurements confirmed that operation of the facility remains out of compliance. MassDEP has received numerous complaints from neighborhood residents, despite construction of a barrier wall by F1 to mitigate the impact of sound on the surrounding area.
11/15/06: MassDEP issued a $30,000 Penalty Assessment Notice to Robert D. Quirk for Wetlands violations in Stow. Based on inspection of the project involving a roadway found impacts to Wetlands resource areas including: "bank", "bordering wetlands", "land subject to flooding" and "riverfront area." No permit was obtained. Quirk has had previous wetland violations and penalties.
11/15/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Deignan LLC (d/b/a Kids-A-Lot) for Water Supply violations in Stow. In addition to the Penalty, the daycare facility agreed to install a compliant public water supply well that is sufficient to serve the maximum capacity of 98 children plus staff as currently allowed under its operating license.
11/14/06: MassDEP entered into a Consent Order with a $500 Penalty involving Pondside Gas and Car Care Center, Inc., for a pattern of Air Quality - Stage II (vapor recovery) violations at its Boston location. In addition, Hazardous Waste Management violations were found when MassDEP personnel conducted a site inspection of the property on 4/27/06. The facility was not properly managing the operation of its gasoline dispensers and was mismanaging waste oil containers. The Penalty amount was agreed to in light of the company's bankruptcy, but all regulatory violations will be corrected.
11/13/06: MassDEP executed a Consent Order with Wayside Youth & Family Support Network, Inc. for Waste Site Cleanup violations at Lockland Avenue in Framingham. The company owns the property where the violations involved failure to submit cleanup reports within the deadlines established in a Notice of Noncompliance issued by MassDEP on 5/26/06. New deadlines have now been set to return the site to compliance with the submittal of Phase II and III Reports by 7/2/07, a Phase IV Remedy Implementation Plan by 7/2/08 and a Response Action Outcome by 7/2/09. In addition, stipulated penalties of $1,000 per day for violations of the Order.
11/13/06: MassDEP has issued a Unilateral Order to GFI Shirley, LLC for wetlands violations involving erosion and sedimentation at the Apple Orchard Estates construction site in Shirley. The Order requires GFI Shirley, LLC to take immediate steps to stabilize the site and to immediately stabilize the site and to hire an erosion control specialist. Further enforcement action is still pending.
11/13/06: MassDEP entered into a Consent Order with Romano Realty for Waste Site Cleanup violations in Chicopee. As owner of the property located at 955-957 Chicopee Street, Romano has now agreed to expedite the pace of remedial (cleanup) actions at the site. Initially, while performing response actions for a previous solvent release, Romano encountered petroleum hydrocarbons in soil during the removal of a #2 fuel oil tank. A new - and separate - Release Tracking Number was assigned to that release, and it was subsequently discovered by MassDEP that Romano had removed oil-contaminated soil from the site, and that paperwork documenting the soil removal and additional assessment was never submitted. On June 28, 2005, a Notice of Noncompliance (NON) was issued to Romano Realty for failure to submit a Phase II Report, a Phase III Remedial Action Plan, and a Phase IV Remedy Implementation Plan, or if appropriate, a Response Action Outcome Statement. Today's Order memorializes deadlines to complete response actions and contains stipulated penalties for future noncompliance with MassDEP regulatory deadlines.
11/13/06: MassDEP entered into a Consent Order with a $15,050 Penalty involving JTB & Associates, LLC for Air Quality (Asbestos) violations at 572 Freeport Street in Boston. During a 5/3/06 inspection, MassDEP found JTB failed to follow the proper procedure for removal of asbestos containing material. JTB was the general contractor responsible for the demolition of a building at the site. JTB failed to notify DEP prior to demolition and prior to removing the asbestos containing material (30 feet of asbestos containing transite pipe). JTB also failed to properly handle the asbestos containing material once removed. MassDEP agreed to suspend $8,550 of the Penalty pending full compliance.
11/10/06: MassDEP entered into a Consent Order with a $1,860 Penalty regarding the Thomas Chew Memorial Boys and Girls Club for Water Supply violations in Freetown. As a Public Water System (PWS), the Club failed to meet certain requirements listed in the Massachusetts cross connection control (backflow prevention) regulations, and failed to adequately respond to previously-issued Notice of Noncompliance. MassDEP has agreed to suspend the entire Penalty provided the Club develops a management plan to insure future compliance, along with other corrective actions and water system improvements.
11/9/06: MassDEP executed a Consent Order with Crescent Valley Condominiums for Water Supply violations in Granby. As a community public water system, the condominium association failed to address repeated total coliform bacteria detections in its drinking water. Today's Order includes a requirement that any actions to repair the system be reported to MassDEP and any instructions that are provided to unit owners on maintenance of point-of-use filtration systems shall also be submitted to MassDEP.
11/8/06: MassDEP entered into a Consent Order with an $11,400 Penalty regarding the Don Adams Oil Company for Waste Site Cleanup violations at 104 Windsor Street in New Bedford. The company owns a parcel of land that has been a known contaminated site since 1999 when an environmental assessment of the property concluded that soil and groundwater at the property had been impacted by a release of oil. MassDEP has determined that the owners of the site were not progressing at an appropriate pace with the assessment and cleanup of the property. In November 2005, MassDEP had issued a Notice of Noncompliance (NON) for failing to comply with deadlines contained in the MCP. The company failed to comply with the NON, today's Order negotiates timelines for the completion of assessment and cleanup of the site.
11/6/06: MassDEP executed a Consent Order with 205 Church Street Realty Corporation for Waste Site Cleanup violations in Lowell. The corporation owns 205 Church Street where it has failed to meet cleanup deadlines as delineated in a Notice of Noncompliance issued on 8/4/06. New deadlines have now been established to return the site to compliance with the submittal of a Phase I and Tier Classification Submittal by 5/15/07. Today's Order also contains a stipulated penalty provision for any missed deadlines.
11/8/06: MassDEP entered into a Consent Order with a $9,000 Penalty involving Island Realty Trust for Wetlands violations at 163 &166 Riverview Avenue in Waltham. The Trust failed to comply with specifications of an earlier Enforcement Order issued by the Waltham Conservation Commission. Violations involved unauthorized filling of Bordering Vegetated Wetland (BVW) and alteration of "Bank" along Purgatory Cove. The local commission requested MassDEP's assistance. Today's Order with MassDEP includes restoration of 400 square feet of BVW and 180 linear feet of "Bank" in addition to improved stormwater management, snow storage management, setbacks, and long term monitoring. MassDEP has agreed to suspend $5,500 of the Penalty pending compliance with all terms of the Order as of 10/31/09.
11/8/06: MassDEP entered into a Consent Order with a $54,000 Penalty involving the Town of Amesbury for Wetlands violations. MassDEP found the town was excavating within streams at three separate locations without any permits. The town has agreed to pay $5,000 of the Penalty within 30 days and the remainder suspended if compliance with all terms of the Order is attained as of 10/31/12. Those terms include: restoration of 10,000 square feet of Bordering Vegetated Wetlands, 9,000 square feet of Bordering Land Subject to Flooding, 6,400 square feet Land Under Waterway and 2,500 linear feet of Bank in addition to long term monitoring. In addition the town has agreed to perform a Supplemental Environmental Project (SEP) to offset the remaining penalty amount. Under the terms of that SEP, the town will develop and adopt a training program on proper stream management and drainage channel maintenance for the town's public works employees. Having proper policies in place, along with the training program, should help to prevent similar violations from occurring when stream maintenance issues arise in the future.
11/8/06: MassDEP entered into a Consent Order with a $500 Penalty involving Leo Shenette for Wetlands violations in Webster. Shenette allowed a contractor on his property in Webster to commence work before an Order allowing the work to proceed was issued and the required appeal period elapsed. The contractor was fined separately for the violations and for altering areas beyond the scope of what was approved. Eventual restoration of the "bank" and "buffer zone" will be the responsibility of Shenette.
11/6/06: MassDEP executed a Consent Order with an $11,500 Penalty involving SJ Services, Inc. for Water Pollution Control violations in Springfield. The Danvers-based company was hired by the city of Springfield to work/clean the city's schools. SJ Services, however, was later found to be discharging pollutants to surface water, i.e., floor-stripping chemicals put into on-site storm drains at two schools. The floor stripping materials contained two hazardous materials (ethylene glycol monobutyl ether and monoethanolamine), both of which exceeded the reportable concentrations. On-site inspections confirmed the discharges, and the dumped materials.
11/6/06: MassDEP issued a $1,000 Penalty Assessment Notice to James LaMountain and Northeast Concepts in Holland for Air Quality violations, specifically, un-authorized open burning.
11/3/06: MassDEP entered into a Consent Order with a $10,750 Penalty involving Jiffy Lube International, Inc for waste oil management violations at multiple locations. MassDEP staff inspected Jiffy Lube's Beverly location and issued a Notice of Noncompliance relative to the waste oil management violations. Most of the violations were found to be continuing when a follow-up inspection was conducted. MassDEP staff then inspected Jiffy Lube facilities in Quincy, Reading, Wakefield and two in Peabody, and observed waste oil management violations at each one. MassDEP sought to settle the noncompliance issues observed at all locations via the issuance of one settlement document to the corporate parent for the individual facilities. Under today's Order, the facilities in question will assure that all violations are corrected, and will amend the existing Environmental Management System to improve waste management and handling at all of its Massachusetts facilities. In addition, the corporate parent has agreed conduct a Supplemental Environmental Project (SEP). This SEP involves the publication of a display advertisement designed to educate the public about Massachusetts' waste oil handling regulations. Its publication is specifically targeted to reach other entities that handle waste oil. It will be published three times in NESSARA's (New England Service Station and Automobile Repairers Association's) News Brief and twice in the Boston Business Journal. The estimated cost of the SEP is $13,255.
11/2/06: MassDEP issued a Unilateral Order to Basset Boat Company, Inc. for Wetlands violations on its property along the Connecticut River in Springfield. MassDEP requires that Bassett submit a plan for the stabilization and removal of soil piles on its property that lie in the Riverfront Area (Bordering Land Subject to Flooding).
11/2/06: MassDEP entered into a Consent Order with a $32,000 Penalty involving the 1409 River Street Condominium Trust for Waste Site Cleanup violations in Hyde Park (Boston). The Trust is the current operator managing the property located at 1409 River Street at which there is, or has been, a release of fuel oil. This oil was the source of indoor air conditions in the above residential building. Specifically, the violations involve: failing to conduct an Immediate Response Action in an expeditious manner; failing to submit a Phase II, III and IV Reports on time; and, failing to submit the IRA Status Report. New deadlines have now been set to return to compliance with the submittal of an IRA Status Report and a Phase IV Report. In addition, any supporting documentation that clearly demonstrates the indoor air condition has been eliminated or mitigated to the extent feasible and will not likely reoccur and takes into consideration the presence of contamination underneath the apartment building. Today's Order also requires that a final outcome statement to be submitted by 11/7/08. MassDEP has agreed to suspend $21,000 of the Penalty pending compliance.
11/2/06: MassDEP entered into a Consent Order with Urban Edge Housing Corporation for Waste Site Cleanup violations at 1542 Columbus Avenue in Roxbury (Boston). The corporation is the current owner of 1542 Columbus Ave where the violations involve: failure to submit Phase Reports within the deadlines established in a Notice of Noncompliance previously issued by DEP on 6/26/06. New deadlines have now been set to return the site to compliance with the submittal of Phase II and III Reports by 7/14/07. The Order further requires that a Phase IV Remedy Implementation Plan be submitted by 7/14/08 and a final outcome statement no later than 12/14/08. In addition, stipulated penalties were included in the Order for any violations of today's Order: $1,000 per day per violation.
11/1/06: MassDEP issued a $13,610 Penalty Assessment Notice to Pierre Bouthiller for Wetlands violations in Webster. Bouthiller, a contractor working on a retaining wall project on Webster Lake, commenced work before an Order was issued under the Wetlands Protection Act and altered areas beyond the scope of what was approved under the Order that was subsequently issued. Restoration of the "Bank" and "Buffer Zone" will be the responsibility of the owner, Leo Shenette, under a separate enforcement action.
October 2006
10/30/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving First Republic Corporation of America for Waste Site Cleanup violations at 221-257 Crescent Street in Waltham. As owners of the property, the corporation failed to meet certain regulatory phased submittal deadlines and failed to submit a final outcome statement as specified in a work schedule attached to its permit. In addition to the Penalty, today's Order outlines a specific schedule for the completion of necessary response actions in order to bring the site back into compliance and conclude cleanup actions.
10/30/06: MassDEP executed a (modified) Consent Order with David Benson (president of Boxford Friendship Foundation, Inc.) and the Four Mile Village facility of Boxford. Today's modification to an existing Consent Order changes the deadlines required for assessing and upgrading the Title 5 (septic) systems located at the Four Mile Village facility and contains stipulated penalties if any deadlines are missed.
10/29/06: MassDEP entered into a Consent Order with a $10,000 Penalty involving Joseph Abbondanza for Wetlands violations at 22 Hobson Street in Saugus. MassDEP responded to a complaint and determined that Abbondanza constructed a single-family dwelling that did not comply with an Order of Conditions previously issued by MassDEP. Due to changes in the approved plan, work on the topography and wall design resulted in erosion and siltation that altered 1,000 s.f. of bordering vegetated wetland. In addition to the Penalty, today's Order requires restoration of the altered area and three years of monitoring.
10/26/06: MassDEP entered into a Consent Order with a $41,000 Penalty involving the University of Massachusetts/Amherst to address multiple Air Quality, Hazardous Waste and Industrial Wastewater violations. The violations included improper handling of asbestos at the French Hall building. UMass failed to perform an asbestos survey prior to demolition of a ceiling; failed to submit notification regarding the demolition; failed to remove asbestos prior to demolition operations; failed to utilize proper asbestos removal procedures (such as wetting the asbestos during removal, using methods of capture and containment) and sealing the asbestos into properly labeled, leak tight containers. Further, on 6/27/06, and 7/12/06, UMass reported a total of six opacity (smoke) excursions from the stack from the three coal-fired boilers at the main facility. UMass has cooperated with MassDEP in addressing the violations and in addition to the Penalty has agreed to implement an Environmental Management System (EMS) relating to asbestos, and will conduct Supplemental Environmental Projects (SEP) valued at $29,000. These SEPs will include: conducting six asbestos awareness trainings in cities and towns in western Massachusetts for the municipal employees, and will implement a pollution-reduction and energy-conservation plan by replacing all traffic lights on Commonwealth Avenue, Massachusetts Avenue and North Pleasant Street in Amherst with energy saving LED (light-emitting diode) lights. MassDEP has agreed to suspend $40,000 of the Penalty pending compliance with today's Order.
10/27/06: MassDEP entered into a Consent Order with Southwick Water Department for Water Supply violations. The town failed to address repeated violations of the Total Coliform Rule. Southwick has agreed to detail and ensure implementation of its disinfection practices and flushing program for MassDEP.
10/2706: MassDEP issued a $21,000 Penalty Assessment Notice to Commercial Property of Holyoke along with a Unilateral Order to Jorge and Ovidia Pineda,, the listed owners. Both the Penalty and Order were for Waste Site Cleanup violations, specifically the failure to address past releases of diesel fuel and gasoline at the property. The property was the location of a former moving and storage company as well as a former gasoline station. The owners were first notified of their obligations in February 2002 regarding past releases of oil at the site. The owners have exhibited a pattern of noncompliance and have failed to pursue remedial response actions involving the releases of diesel fuel and gasoline to the soils and groundwater.
10/26/06: MassDEP entered into a Consent Order with Juana Alicea and Manolin Fernandez for Air Quality (Asbestos) violations in Chicopee. MassDEP responded to a complaint and found that asbestos siding was improperly removed and no prior notification had been submitted for the work on this South Street residence in Chicopee. When notified by the MassDEP of the problems, Aliciea and Fernandez retained the services of a licensed asbestos contractor to remove the asbestos siding found in the yard. MassDEP has agreed to suspend $3,000 of the Penalty pending one year of compliance.
10/26/06: MassDEP executed a Consent Order with a $13,000 Penalty involving Aggregate Industries/Northeast Region for Air Quality violations at its facility in Swampscott. During an inspection conducted on 8/1/06 by MassDEP to check on Aggregate's compliance with hazardous waste recycling requirements, it was observed that Aggregate failed to install a Stage II (vapor recovery) system on a gasoline tank and dispenser that was installed in 1999. Aggregate agreed to install the system. The total Penalty includes $860 in back air quality compliance fees.
10/26/06: MassDEP executed an Amendment to an existing Consent Order with L. Bornstein & Co., Inc. for Waste Site Cleanup violations at 321 Washington Street in Somerville. The company owns and operates a business at that address and today's Amendment modifies the dates for submittal of the Phases III Report, the Phase IV Report and final outcome statement. All other requirements of the original Order remain.
10/24/06: MassDEP issued a Demand Letter to Wilfred Lemieux of Palmer for $1,000 regarding a previously suspended Penalty. Today's Letter was issued after Lemieux's continued noncompliance with a Consent Order he signed with MassDEP. Specifically, Lemieux failed to restore an impacted Riverfront Area at the site. The Order requires the submission of a revised Riverfront Area Restoration Plan within 15 calendar days, followed by implementation of the plan
10/23/06: MassDEP entered into a Consent Order with a $15,050 Penalty involving Alan Battistelli for Air Quality (Asbestos) violations at 57 Philips Avenue in Rockport. MassDEP personnel determined during a complaint that Battistelli and/or his employees had performed asbestos removal without notifying MassDEP as required. MassDEP has agreed to suspend $14,050 of the Penalty under a combination of homeowner and small business enforcement policies.
10/23/06: MassDEP issued a Unilateral Order to Karen Connor for Wetlands violations at 1514 Main Street Agawam. Connor was found to be cutting vegetation and clearing within a Riverfront Area to create expanded commercial use of the property. Today's Order requires all work to cease and desist and stabilization of the site by 10/27/06. The possibility of additional enforcement action exists.
10/23/06: MassDEP issued a Unilateral Order to Jeffrey Paulin for Wetlands violations at 156 and 170 East Hill Road in Brimfield. Paulin began reconstruction of an access road to his residence within streams and wetland areas (resource areas) without having filed a Notice of Intent. Today's Order requires Paulin to submit plans to stabilize the site and restore the impacted area. Those plans are due within ten business days after the date an approved environmental consultant is retained for this purpose. The stabilization plan must then be implemented within five business days after it is approved with the restoration plan to be fully implemented thereafter. Decisions on additional enforcement action are pending.
10/23/06: MassDEP issued a Consent Order with a $9,717.50 Penalty involving J&D Transport for Waste Site Cleanup violations at Reed Road and Sherbrooke Road in Dartmouth. The company, which is located at 62 Lakeside Avenue, in Dartmouth was cited for failure to notify within 2 hours of a release greater than 10 gallons. The Dartmouth Conservation Commission notified MassDEP on 1/24/06 of a tractor-trailer with a ruptured diesel tank impacting soil and a catch basin that leads into Lake Noquochocke. Upon arrival DEP determined from local officials that the release occurred three days earlier, on 1/21/06 when a tractor-trailer driven by Ed Ferreira struck a hydrant (at Reed Road) damaging the passenger-side saddle tank. Ferreira said he attempted to capture the leaking diesel in a container and estimated the release was less than 10 gallons. The amount of diesel observed by MassDEP on the ground, in the drainage system and in the lake belied this claim along with the later statement in a plan submitted on 3/28/06 that 35-40 gallons was released. Ferreira alleged police responding to the accident had informed him that notification to MassDEP was not required. The leaking diesel fuel was "captured" the truck was moved to Lakeside Avenue for the remainder of the weekend. MassDEP noted soil staining at #7 Sherbrooke Road as diesel had pooled and impacted soil and groundwater within 15' feet of the Northwest side of Lake Noquochoke.
10/20/06: MassDEP was notified that a preliminary injunction with the assistance of the Massachusetts Attorney General's Office has been obtained in Suffolk Superior Court regarding New Ventures LLC, for Solid Waste violations at the Crow Lane Landfill in Newburyport. New Ventures is the operator of the landfill that is undergoing final cap and closure. AG Reilly filed a lawsuit in February against the operator for failing to comply with MassDEP enforcement orders and the landfill closure plans. New Ventures has now agreed to the terms of the preliminary injunction, which requires New Ventures to install a state-of-the-art landfill gas extraction system, along with pretreatment controls and a new flare to burn off noxious landfill gas. The court's order also requires New Ventures to close the facility on an accelerated schedule, which provides for capping approximately half of the landfill capped by the end of 2006 and requires the remainder be capped by 8/30/07. In addition, the preliminary injunction requires that Wood Waste of Boston (which had been sending material to the landfill) will implement additional measures at its facility in Everett to remove gypsum wallboard from any deliveries to Crow Lane, to further reduce a source of odors.
10/20/06: MassDEP entered into a Consent Order with 856 Realty Corp for Waste Site Cleanup violations at its 856 Woburn Street facility in Wilmington. Specifically, the corporation failed to submit Phase Reports and achieve a final outcome within the deadlines established in a Notice of Noncompliance issued by MassDEP on 5/24/06. New deadlines have now been set in today's Order to return to compliance with the submittal of a final outcome by 9/15/07.
10/20/06: MassDEP entered into a Consent Order with Children's Horizon, Inc., a daycare facility in Bolton, to ensure compliance with Water Supply regulations. The facility has voluntarily agreed to reduce its licensed capacity of 23 children to 21 children in order to remain below the Public Water System threshold of 25 persons served by the on-site well.
10/20/06: MassDEP executed a Consent Order with a $9,000 Penalty involving the University of Massachusetts Medical Center, Inc. for Hazardous Waste violations. The company, which operates a medical center in Worcester, generated hazardous waste in excess of its registered status as a very-small quantity generator (VSQG). The company also failed to notify its waste oil generation activity, and failed to comply with numerous other hazardous waste management requirements. In addition to the Penalty, today's Order requires the company to maintain compliance with all applicable requirements.
10/20/06: MassDEP executed a Consent Order with a $1,000 Penalty involving Charter Environmental, Inc. for Air Quality (Asbestos) violations at its Worcester facility. The company failed to adequately seal the area where an asbestos removal project at a site in Worcester, a former cinema complex. Charter will comply with all the appropriate regulations.
10/19/06: MassDEP entered into a Consent Order with Alfred A. Slifka for Waste Site Cleanup violations at 1624 Hyde Park Avenue. As owner of the property, Slifkia was cited for failure meet deadlines established in a Notice of Noncompliance issued by MassDEP on 6/24/06. New deadlines have now been set to return the site to compliance with the submittal of Phases II by5/30/07; Phase III by 7/30/07; Phase IV Plan by 8/30/07; and, either a Remedy Operation Status or a final outcome by 8/30/08. Today's Order contains a provision for stipulated penalties for any missed deadlines.
10/19/06: MassDEP issued a $250 Penalty Assessment Notice to Carlos Silva, Hampden for Air Quality (open burning) violations. Silva was cited for open burning violations that were witnessed by the Hampden Police and Fire Departments.
10/18/06: MassDEP entered into a Consent Order with Knowlton's Garage for Waste Site Cleanup violations at 1050 Sandwich Road in Bourne. Knowlton's Garage is an "auto recycler" located on Sagamore Road in Sandwich. The activities at the business impacted not only groundwater but also the South Sagamore Well Field. Due to Knowlton's unwillingness to conduct response actions and the potential threat to the well field, MassDEP initiated certain response actions beginning in October 1997 through August 1999. MassDEP determined the source and extent of contamination in the vicinity of the well field at a cost of $55,623.47. MassDEP was preparing to conduct an evaluation of treatment technologies when the South Sagamore Water District connected to the Bourne water supply and the well field was taken off-line. Although the well field no longer serves as a public water supply, the area remains a Potentially Productive Aquifer and additional response actions are still required. Today's Order establishes timelines for completing response actions, a return to compliance and reimbursement to MassDEP for funds expended to evaluate the impacts to the well field.
10/18/06: MassDEP executed a Consent Order with a $20,000 Penalty involving Roger Randall for Wetlands violations in Plymouth. MassDEP determined that Randall altered approx. 16,000 s.f. of bordering vegetated wetlands for the construction of a concrete platform and excavation of a pond. MassDEP agreed to suspend $10,000 of the Penalty pending compliance with the Order; Randall has agreed to restore and replicate a total of 16,180 s.f. of wetlands.
10/18/06: MassDEP entered into a Consent Order with Carriage House Condominium Trust for Waste Site Cleanup violations at 70 Revere Street in Boston. The trust, is owner and operator of the ten-unit condominium property and is responsible for the violations including: failure meet deadlines set out in a Notice of Noncompliance issued on 5/19/06. Under terms of the today's Order, new deadlines have now been set with the submittal of a Phase I and Tier Classification Submittal by 3/28/07. The Order also contains stipulated penalties for any missed deadlines.
10/18/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving Dependable Cleaners, Inc. for Waste Site Cleanup violations at its 620-630 Hancock Street facility in Quincy. This location is the source of a tetrachloroethyne (PCE) release that has impacted nearby residential and commercial buildings on Willet and John Hancock Streets. On 8/28/03, MassDEP's audit-review of a Class C Response Action Outcome statement submitted relative to this site, resulted in the conclusions being invalidated. The company has since failed to follow up on that invalidation and submit (as required) a Phase IV, Remedy Implementation Plan for the site. Under today's Order, the company will return to compliance with the submittal of a Tier 1C Permit Extension and submit a Phase IV within 240 days; and, submit either a Remedy Operation Status of final outcome statement by 8/21/08. MassDEP has agreed to suspend $20,001 of the Penalty pending compliance.
10/16/06: MassDEP executed a Consent Order with the estate of Harry F. Stimpson for Waste Site Cleanup violations at 148 Sidney Street in Cambridge. The estate is the listed owner of the property, and is responsible for violations including failure to submit Phase II and III reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 5/26/06. Under the terms of the Order, new deadlines have now been set in the Order to return to compliance with the submittal of Phase II and Phase III Reports by 4/30/07; a Phase IV Plan by 10/30/07; and, either a Remedy Operation Status or a final outcome statement by 9/5/08. In addition, the estate has agreed to pay $1,000/day in stipulated penalties in the event of non-compliance with the Order.
10/13/06: MassDEP entered into a Consent Order with a $31,615 Penalty involving the Aulson Company for Hazardous Waste, Wetlands and Asbestos violations at its 49 Danton Drive facility in Methuen. On 3/10/06 MassDEP personnel conducted a comprehensive inspection of Aulson and noted asbestos and hazardous waste violations. During a follow-up inspection, wetlands violations were also confirmed at the site. Aulson has agreed to correct the asbestos and hazardous waste violations, and, restore 720 square feet of Bordering Vegetated Wetlands. In addition, Aulson will pay $10,155 in back hazardous waste compliance fees, $3000 for asbestos violations, $11,960 for hazardous waste violations, and $6,500 for wetlands violations.
10/13/06: MassDEP executed a Consent Order with Goly's Garage, Inc. of Greenfield for Waste Site Cleanup violations. Specifically, the violations were for failure to submit Phase II, III, and IV Reports within the deadlines previously established in a Notice of Noncompliance issued by MassDEP on 4/4/06. New deadlines have now been set in the Order to return to compliance with the submittal of Phase II and III Reports by 6/29/07, and submittal of the Phase IV Plan, or if appropriate, a final, Response Action Outcome Statement, by 10/29/07. In addition, Goly's Garage agreed to pay stipulated penalties of up to $1,000 per day in the event of non-compliance with the Order.
10/13/06: MassDEP issued a Unilateral Order to the Town of Amherst to cease and desist a discharge of sediment from a municipal construction site (soccer fields). Under today's Order, the Town is required to submit a report identifying any actions it undertakes in response.
10/12/06: MassDEP executed a Consent Order with James Lefter for Waste Site Cleanup violations at 2 Megunko Road in Ashland. As owner and operator of the property, Lefter failed to meet deadlines set out in a Notice of Noncompliance issued on 7/14/06. New deadlines have now been established including: submittal of a Phases II and III by 3/31/07; submittal of a Phase IV Plan by 10/31/07; and, either a Remedy Operation Status or a final outcome statement by 10/1/08. Today's Order also contains a stipulated penalty provision for any missed deadlines.
10/12/06: MassDEP executed a Consent Order with Aaxiom, a Bridgewater contractor for Water Pollution Control violations. On 9/6/06, a Strike Force investigator noticed liquid concrete waste on top of a storm drain cover near Wellington Station. The storm drain discharges to the nearby Mystic River. The investigator returned with sampling equipment, a camera and pH paper. The pH was above 10. An investigation quickly located contractor; MassDEP has agreed to suspend $3,750 of the Penalty.
10/12/06: MassDEP issued a Consent Order involving Erving Paper Mill and MassHighway to address Water Supply compliance issues. Under today's Order, the two parties agreed to address the need for a replacement well at the Paper Mill due to the realignment of Route 2 by MassHighway. A replacement well has been deemed the best solution and each party has obligations under the order to accomplish this goal.
10/11/06: MassDEP entered into a Consent Order with a $5,000 Penalty involving Bob Ramstrom's Mobil, Inc. of Worcester for Hazardous Waste and Industrial Waste violations. Specifically, the facility at 814 West Boylston Street in Worcester had improperly labeled and contained its hazardous waste. Ramstrom's Mobil has agreed to come into immediate compliance.
10/11/06: MassDEP entered into a Consent Order with Peterborough Oil Co., Inc, owners of the Mr. Mike's Convenience Store in Ashby to bring the site into compliance with Drinking Water requirements. This Store also houses an upstairs apartment and a retail fuel station. Today's Order establishes an enforceable schedule under which the owners will develop a new drinking water source that can serve as a public water supply. If an off-site property to locate a new well with a fully compliant (protective) Zone One is not located by December 10, 2006, the facility will cease all water supply operations at that location for the purpose of public consumption.
10/11/06: MassDEP executed a Consent Order with Camp FireUSA to address Water Supply compliance issues at Camp Nawaka in Otis. Camp Nawaka has served as a public water system and must address total coliform bacteria violations at the superintendent's house. To address the violations, the Camp agreed to install an ultraviolet light disinfection system.
10/6/06: MassDEP issued a Unilateral Order to John H. Sellars for Wetlands violations at 430 Concord Avenue, Lexington. On 9/29/06 the Conservation Commission requested MassDEP to investigate past and ongoing filling of wetlands taking place on the property. In 2001, the town issued an order that resulted in a settlement to restore over 15,000 s,f. of wetlands. Sellars never complied with the local order. MassDEP using aerial photography as a site to be investigated under the Wetland Loss Project had also identified the property. MassDEP inspected the site on 10/5/06 from abutting town-owned land, and witnessed large construction vehicles working a loam screening operation. The work in progress was filling in excess of 5,000 s.f. of Bordering Vegetated Wetlands. MassDEP staff also observed that approx. one acre (of previously existing BVW on Sellars' property) had been filled and was being entirely used for the operation. MassDEP verbally ordered Sellars to cease and desist filling and working within area under jurisdiction without authorization. Sellars continued to work and MassDEP contacted the Lexington Police and worked to convince Sellars to cease further activity. Today's Order establishes a written order to cease all activity in the area, and temporarily stabilize the site. Sellars was informed of the possibility of additional enforcement action.
10/5/06: MassDEP entered into a Consent Order with a $30,000 Penalty involving the estate of Frank Gobbi, for Waste Site Cleanup violations at 875 East Street in Dedham. Specifically, the estate failed to submit cleanup plans and response actions in accordance with deadlines established in Massachusetts regulations. Today's Order establishes revised deadlines for the Estate to submit the required reports and return to compliance. MassDEP has agreed to suspend $20,000 of the Penalty pending compliance.
10/5/06: MassDEP executed a Consent Order with Marilyn A. Carr, Trustee of Bishop Terrace Condominium Trust in Framingham for Waste Site Cleanup violations. The trustees of a condominium complex failed to meet cleanup deadlines not only as established under state regulations but also under a specific notice of noncompliance issued on 7/21/06 by MassDEP. Today's Order establishes a deadline of 12/30/07 for submittal of a Response Action Outcome (i.e. no further action) statement, and contains stipulated penalties for any missed deadlines.
10/5/06: MassDEP entered into a Consent Order with an $8,000 Penalty regarding Dorey Fuel Company, Inc. of 262-264 Norfolk St., Roxbury for Waste Site Cleanup violations. Specifically, Dorey failed to complete and submit cleanup reports within the deadlines established in a previous Consent Order entered on 2/24/06. Now, under today's Order, new deadlines have been established including a Response Action Outcome (i.e. no further action) statement by 9/30/08.
10/5/06: MassDEP executed a Consent Order with a $1,200 Penalty involving Indianhead Resort of Plymouth for Water Supply violations. The Resort failed to submit annual statistical report for 2005. This public water system has been issued notices of noncompliance for prior violations of this type within the past four years. MassDEP has agreed to suspend $600 of the Penalty pending compliance.
10/4/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving WDS, LLC, of Avon for Asbestos violations at 572 Freeport Street in Boston. MassDEP personal responded to a complaint of demolition and improper asbestos handling at 572 Freeport Street and found WDS had demolished a commercial building without submitting proper notification. MassDEP has agreed to suspend $500 of the Penalty pending compliance one year.
10/3/06: MassDEP entered into a Consent Order with a $1,4006 Penalty involving Revere Copper Products of New Bedford for hazardous waste and air quality violations. A multi-media inspection revealed the company had not complied with emergency preparation, procedures, contingency plan requirements and air quality recordkeeping and restricted emissions status.
10/3/06: MassDEP issued a Unilateral Order to Revere Copper Products, Inc. and Reis Asphalt, Inc. of New Bedford for Air Quality violations at 24 North Front Street. Revere Copper Products, Inc., property owner, and Reis Asphalt, Inc., demolition contractor must cease and desist from any additional asbestos removal and/or demolition activities at Storage Building #1, 24 North Front Street, New Bedford. MassDEP noted asbestos notification and work practice violations pursuant to the Massachusetts Air Pollution Control Regulations at 310 CMR 7.15, as well as several Hazardous Waste Regulations at 310 CMR 30.00. Before any additional demolition or asbestos cleanup activities are to continue, both parties were ordered to submit the proper asbestos notification to MassDEP; and hire a licensed asbestos contractor to remove all visible ACMs. Revere Copper Products, Inc was required to evaluate all containers of unknown materials accumulated throughout storage building #1 and determine if the materials are waste, hazardous waste or suitable for use. All waste(s) determined to be hazardous shall be properly stored and managed, shipped off-site under a hazardous waste manifest or disposed of in accordance with 310 CMR 30.00. The Company hired a licensed contractor and the cleanup has been completed. (Lead Staff: Andrew Cooney).
10/3/06: MassDEP executed a Consent Order with a $2,500 Penalty involving Daniel and Lynn Marie Gibson for Wetlands violations at 3 Hazelwood Circle residence in Andover. The violations on their residential property involved constructing a pool and large cabana house on property in the Buffer Zone to a Bordering Vegetated Wetland. The Gibsons received verbal assurance by the town's Conservation Administrator that no Wetland Protection Act filing was needed. The project - once under construction - was inspected by a new town Conservation Administrator who determined the work required the filing of a Notice of Intent. That application was appealed to MassDEP due to failure to act. MassDEP inspected the site and found that the work was in violation of the Wetlands Protection Act and contributed to or caused a change in the flow of an intermittent stream. The change to the drainage pattern altered the function of approximately 2500 square feet of resource area. Under today's Order MassDEP has reached a settlement that in addition to the Penalty will require drainage improvements to restore the function of the impacted area.
10/3/06: MassDEP entered into a Consent Order with a $37,000 Penalty involving River Street Realty Trust for Waste Site Cleanup violations at 1283 Hyde Park Avenue. Specifically, the Trust was cited for the un-approved removal of vapor-phase treatment from a remedial system. Also, significant modification of a previously approved plan was done without approval. New deadlines have now been set to return the facility to compliance with the immediate re-attachment of the vapor-phase treatment, and the submittal of an evaluation of potential risk to workers and residents caused by the removal of the vapor-phase treatment. MassDEP has agreed to suspend $32,000 of the Penalty pending compliance.
10/2/06: MassDEP issued a Unilateral Order to Thomas L. Tate of Freetown for an un-permitted industrial discharge to the ground from a floor drain. A number of hazardous waste management and solid waste violations were also observed. Today's Order requires the facility owner/operator to cease and desist from all unauthorized discharges affecting the waters of the Commonwealth and cease bringing any hazardous waste and/or solid waste to the site. Additional Departmental actions will follow.
10/2/06: MassDEP executed a Consent Order with Decas Cranberry Products, Inc. of 4 Forge Drive in Carver. Under today's Order, the company agrees to provide bottled water to its employees on a temporary basis, in lieu of developing an on-site public water supply. The facility had begun the process to establish a new source to provide its own water supply; however, the facility also began negotiations with the Town of Carver over possibly providing an alternative source of public water supply rather than establishing a new source.
10/2/06: MassDEP entered into a Consent Order with the owners of a former rhubarb farm in Seekonk for Waste Site Cleanup violations. Lester and Robert Silva, co-executors of the estate of Constance Silva, entered into the agreement for the site at 162 Anthony Street in Seekonk establishing new deadlines for the completion of comprehensive cleanup and the achievement of a permanent solution. The property is in the process of being sold and will be redeveloped to accommodate several single-family homes.
10/2/06: MassDEP executed a Consent Order with Randy R. Stevens, the president of Bob Stevens and Sons, Inc., of Lowell, for Waste Site Cleanup violations. Specifically, the violations included failure to meet deadlines set out in a Notice of Noncompliance issued on 7/18/06. Today's Order establishes a deadline of 12/30/07 for submittal of a Response Action Outcome (i.e. no further action) and contains a stipulated penalty provision if any deadlines are missed.
10/2/06: MassDEP issued a Unilateral Order to Chris Bradshaw for Hazardous Waste violations in Middleboro at 12 Highland Street. The Order requires the violator to cease bringing any hazardous waste/waste oil/or solid waste to the site and immediately secure all containers of hazardous waste/waste oil by and moving them from the ground outside into a secure covered area with an impermeable surface. A number of containers of hazardous waste/waste oil were stored outside on bare ground in unsecured areas thereby presenting a condition where hazardous waste/waste oil could be released to the environment. Additional enforcement actions are anticipated.
September 2006
9/29/06: MassDEP entered into a Consent Order with a $13,375 Penalty involving Gordon Conwell Theological Seminary in South Hamilton for Water Pollution Control violations. The facility has a groundwater discharge permit related to the operation of a wastewater treatment plant. During a scheduled inspection, MassDEP discovered that there had been a bypass of untreated wastewater. The bypass was caused by a severe rain event, however, the Seminary failed to report the event and to clean up the sludge on the surface of the treatment plant, as is required. Today's Order requires the Seminary to design and install a new flow equalization tank to minimize future bypass events. Further, the Seminary must adopt protocols to address the need to report such bypass and/or overflow events in accordance with all applicable regulations. The new flow equalization tank will cost over $100,000 and if the Seminary complies with today's Order, MassDEP has agreed to suspend $7,625 of the Penalty.
9/29/06: MassDEP entered into a Consent Order with a $5,750 Penalty involving the Chelmsford Water Department for Water Supply violations. Specifically, the District did not provide proper anti-siphon protection on the chemical feeds at the water treatment plant, and constructed an aluminum tank at the plant without MassDEP's approval. The District has agreed to bring the facility into compliance, after which MassDEP will suspend $4,250 of the Penalty.
9/29/06: MassDEP executed a Consent Order with a $14,950 Penalty regarding the Town of Needham for Water Supply violations. The town failed to implement its cross-connection (backflow prevention) program and correct mechanical problems at the water treatment plant. If the town fully complies by correcting the violations, MassDEP has agreed to suspend $8,950 of the Penalty.
9/29/06: MassDEP issued a Demand Letter for Stipulated Penalties ($1,000) to Patricia Armitage Transport Service, Inc. for Waste Site Cleanup violations in Lee. The Penalty is due since Armitage (a trucking company based in Epping, New Hampshire) failed to comply with a Consent Order it signed earlier this year in which it agreed to submit documentation concerning the cleanup of a fuel spill that occurred on the MassTurnpike in Lee on 10/14/05. Approximately 100 gallons of diesel fuel was released onto soil and into a drainage swale as a result of the accident. An environmental contractor retained by Armitage completed the cleanup over the next several weeks, but no documentation was submitted. While Armitage subsequently agreed to submit documents, it has now failed to do so.
9/29/06: MassDEP entered into a Consent Order with a $6,015 Penalty involving Woods Hole Oceanographic Institute of Falmouth for Surface Water Discharge violations. Woods Hole failed to conduct whole-effluent toxicity testing according to requirements in its permit and failed to submit timely results from discharge monitoring. In addition to the Penalty, Woods Hole will correct the violations.
9/28/06: MassDEP entered into a Consent Order with a $9,600 Penalty with an owner of Site at 58 North Main Street/Bogs Landing in Berkley. During an audit of cleanup actions, MassDEP's Bureau of Waste Site Cleanup issued a notice of noncompliance and notice of audit findings to the owner, who had submitted an invalid report that failed to comply with cleanup requirements. Audit staff determined groundwater with contamination above allowable thresholds, and needed to be addressed. The owner also failed to properly evaluate chromium and dioxin hot spots, conduct a Stage I Environmental Screening, and relied upon erroneous calculations when certifying. Four of the five original violations were addressed, but the owner was penalized for the violation that was not addressed timely. A lien to recover all outstanding costs incurred by the Commonwealth was filed. The MassDEP has collected more than $171,000 to recover all costs and fees. Today's Order establishes new deadlines and requires the owner to undertake additional response actions to bring the site into full compliance
9/28/06: MassDEP entered into a Consent Order with Peter True, Trustee of Tina South Realty Trust, owner of 127 Smith Place in Cambridge for Waste Site Cleanup violations. Specifically, violations were for failure to meet deadlines set out in a Notice of Noncompliance issued on 6/9/06. Today's Order establishes a deadline of 12/31/07 for completion and contains a stipulated penalty provision for any missed deadlines.
9/28/06: MassDEP issued a Unilateral Order to Carlos A. Perreira of Fairhaven due to unauthorized alteration of wetlands, including mowing, cutting, wall construction and reconstruction. The work impacted 5,000 square feet of salt marsh and coastal wetlands. One day after the Order required the homeowner to immediately cease all work in wetlands, a follow-up inspection revealed that the equipment, the stone and plywood had been removed from the salt marsh.
9/27/06: MassDEP entered into a Consent Order with Zeneca, Inc., for Waste Site Cleanup violations in Taunton. An inspection of Zeneca's facility at 354-356 Winthrop Street found the discharge of iron and manganese to groundwater in excess of allowable levels.
Zeneca is operating an elaborate groundwater treatment system at a former ICI drum disposal site. Iron and manganese levels are likely due to natural conditions and the former buried drums. Under the ACO, Zeneca has until March 31, 2007 to get the levels below the discharge limits.
9/27/06: MassDEP entered into a Consent Order with Pine Valley Mobile Home Park in Cheshire for Water Pollution Control violations, (septic systems). Under today's Order, the Park has agreed to a schedule to bring any failed septic systems into compliance.
9/26/06: MassDEP entered into a Consent Order with Lowell Used Auto Parts Co., Inc. for Waste Site Cleanup violations. The company, which is located at 108 Tanner Street in Lowell, failed to submit Phases II, III and IV reports within the deadline established in a Notice of Noncompliance issued by MassDEP on 6/6/06. New deadlines have now been set to return to compliance with the submittal of (a) Phases II and III by 2/6/07, (b) a Phase IV Plan by 9/6/07 and completion by 1/16/08. If the company fails to meet those deadlines, it has agreed to pay $1,000/day in stipulated penalties.
9/25/06: MassDEP entered into a Consent Order with a $9,700 Penalty involving William Zirblis for Asbestos violations at 172-174 Euclid Avenue in Springfield. During a June, 2005 inspection, Zirblis of Enfield, Conn. was cited for improper handling of asbestos insulation and for failing to submit notification prior to the removal of asbestos from a residential rental property that he (formerly) owned. MassDEP has agreed to suspend $5,700 provided all terms of the Order are met.
9/22/06: MassDEP issued a Unilateral (cease-and-desist) Order to Susan Caisse of Northampton for Wetlands Violations at 62 Leonard Street. The Order was issued for ongoing work within 100 feet of a Bordering Vegetated Wetland/Certified Vernal Pool & Stream in violation of a local enforcement order issued by the Northampton Conservation Commission. Today's Order by MassDEP requires Caisse to comply with the local enforcement order within 21 days.
9/22/06: MassDEP (along with the United States EPA) entered into a Consent Decree with Greater Lawrence Sewer District for Water Pollution Control and Clean Water Act violations. GLSD has agreed to construct specific combined sewer overflow (CSO) controls as identified in GLSD's Draft Long-Term CSO Control Plan and Environmental Impact Report from Nov/2002 and the "Updated Conceptual Plan Development Report." from 2005. GLSD has agreed that while the upgrades to its wastewater treatment plant will accommodate a peak wet weather flow of 135 million gallons per day (mgd) it will ensure that the design of the plant is capable of handling potential future flows of 165 mgd. Under today's decree, scheduled upgrades include: modifications to increase the capacity of the Riverside Pump Station; construction of a new head-works facility; construction of a new secondary bypass pipe; construction of new disinfection and de-chlorination facilities; and, installation of a new aeration system to increase secondary treatment capacity. The decree requires that these upgrades (reaching capacity at 135 mgd) must be completed by December 2007.
9/22/06: MassDEP working with the Attorney General's Office obtained payment of a suspended Penalty from Walgreens (Eastern) Company, Inc. due to failure to comply with a previous judgment. Previously, Walgreens had violated the Massachusetts Hazardous Waste Management Act and the Massachusetts Clean Waters Act in its handling of photo processing waste. The Final Judgment suspended $85,000 provided Walgreen's submitted a certificate of completion that it had made the necessary changes to ensure future compliance. Walgreens has now paid the suspended Penalty and submitted a final report and certificate.
9/21/06: MassDEP entered into a Consent Order to $2,156 Penalty involving P. Christopher Associates (PCA) for Groundwater Discharge violations in Attleboro. PCA is the owner of a property in Attleboro where a Speedee Oil Change & Tune Up is a tenant. MassDEP inspected the property in August of 2005 and found the groundwater discharge violations: there was no record of a septic system approval by the local board of health and the discharge of the oil/water separator to the septic system constituted a violation. During negotiations, PCA closed out the floor drain, and, have agreed to immediately cease and desist discharge of oil from the oil/water separator to the on-site septic system, and to design and implement a system to manage the discharge of groundwater pumped from the sump in the garage. In addition to the Penalty, PCA has agreed to fund a Supplemental Environmental Project (SEP), valued at $6,469, which will benefit local environmental educational activities. The Speedee Oil facility was the subject of another Order to correct its operational violations and has been regularly pumping the oil/water separator in order prevent discharge of oil to the on-site septic system.
9/19/06: MassDEP entered into a Consent Order with a $7,250 Penalty involving Oldcastle Retail Inc. (d/b/a Bonsal American) for Air Quality, Industrial Wastewater and Toxics Use Reduction violations in Oxford. The Company, which manufactures dry mix concrete under the trade name Sacrete, was found to have caused conditions of air pollution (excessive dust) when it did not properly maintain air control equipment, roadways, and failed to keep accurate records and supply them to MassDEP in compliance with its previously agreed Air Pollution Plan Approval. In addition the facility discharged Industrial Wastewater (truck wash water) to the ground without a ground water discharge permit and failed to have a senior official of the company sign its Toxics Use Reduction Plan Update. In addition to the Penalty, today's Order requires the company to comply with all applicable requirements.
9/19/06: MassDEP entered into a Consent Order with Kelley Oil Company for Waste Site Cleanup violations in Palmer. Robert Kelley, owner of the company is required to expedite the pace of cleanup actions at the site, which was first listed with MassDEP on 1/16/90 due to the detection of fuel oil in groundwater. The site is a small fuel oil terminal located on the banks of the Quaboag River. The site was also heavily damaged during the flooding that occurred in October 2005. Today's Order establishes deadlines to complete response actions and contains stipulated penalties if future noncompliance with deadlines occurs.
9/19/06: MassDEP entered into a Consent Order with a $38,375 Penalty involving Nomid Trust for septic system (Title 5) violations in Middleton. Nomid constructed and operated a tight tank to serve new construction at the Hoops Specialists Building located at the North Andover/Middleton town line. Although Nomid obtained a permit to install a septic system, an illegal tight tank was installed instead. Today's Order requires Nomid to either connect to the municipal sewer or construct a septic system in the spring of 2007. MassDEP has agreed to suspend 13,375 of the Penalty provided Nomid complies with the Order.
9/18/06: MassDEP entered into a Consent Order with a $12,495 Penalty involving the City of Malden for Drinking Water violations. The city failed to comply with drinking water requirements pertaining to lead service line replacement, survey. Also, during some replacement work, the city failed to sample, report and notify the public of lead levels; homeowners should have been given the opportunity to replace water lines located on their property. Today's Order mandates the material survey, establishes an aggressive but reasonable schedule for lead service line replacement, requires public outreach and assistance to homeowners, and addresses sampling, reporting, and public notification issues. MassDEP agreed to suspend the Penalty pending compliance.
9/18/06: MassDEP executed a Consent Order with 37-43 Melrose Street Realty for Waste Site Cleanup violations in Lawrence, specifically for failing to meet deadlines. Edgar Martinez, as Trustee of 37-43 Melrose Street Realty Trust and owner or operator of the property, has now agreed to a deadline of 12/21/07 for completion of response actions. Today's Order also contains stipulated penalties for failing to meet deadlines.
9/15/06: MassDEP entered into a Consent Order with A & G Auto Services for Waste Site Cleanup violations in Everett. The company failed to submit Phase III and IV of the cleanup for 394 Main Street in Everett according to the deadlines established in May of 2006. New deadlines have been agreed along with stipulated penalties of $1,000 per day if compliance is not met. The missing Phase III and IV are due by the end of 2006, and a completion of response actions is required by 7/15/08.
9/14/06: MassDEP entered into a Consent Order with a $3,105 Penalty regarding Joel Alvord of Westport for Wetlands violations. Alvord installed piles and other structures for a dock without a valid Order of Conditions and a Waterways license. Under today's Order, in addition to the state Penalty, Alvord will pay an additional $3,105 to the Westport River Watershed Alliance as a Supplemental Environmental Project.
9/12/06: MassDEP entered into a Consent Order with a $12,700 Penalty involving Steve Bellew for Asbestos violations at 17 Tolman Street in Dorchester (Boston). Bellew removed asbestos containing insulation from two boilers and piping from the basement of the property.
9/11/06: MassDEP and the Massachusetts Attorney General's Office entered into an Amended Judgment with the Massachusetts Bay Transportation Authority's (MBTA) regarding the cleanup of asbestos and contamination at the transit agency's former power plant in South Boston. The Massachusetts Superior Court finalized the agreement, which was brought in response to the MBTA's failure to meet cleanup deadlines. The MBTA will finish the cleanup, pay $100,000.00 within 90 days with an additional $226,000 to be suspended if all the terms of the Order are met. In addition, the MBTA agreed (under a Supplemental Environmental Project) to expend $130,000 directly to the South Boston Asthma Control Program.
9/11/06: MassDEP executed a Consent Order with a $10,356 Penalty involving LaValley Oil Company for Waste Site Cleanup violations in North Adams. While cleanup was initiated, LaValley failed to immediately notify MassDEP of a release of 50 gallons of diesel fuel that occurred at its bulk storage facility on Hodges Cross Road. The release occurred on 6/16/06 due to a failed transfer pump seal, and the diesel fuel was released into an earthen dike around the tank. In addition to the Penalty, LaValley agreed to retrain its employees on response actions and notification requirements related to the releases of oil and hazardous materials.
9/11/06: MassDEP entered into a Consent Order with a $75,000 Penalty involving Testa Corp, and March Fourth LLC, regarding Asbestos violations at the former Fore River Shipyard in Quincy/Braintree. MassDEP observed the violations in 2005 during asbestos cleanup and demolition of a building. The so-called building 54 was partially crushed when a neighboring section of craneway collapsed into building 54 and resulted in the death of two workers and injured others.
9/11/06: MassDEP executed a Consent Order with a $47,051 Penalty involving A. Graziano, Inc. and M & G Realty Trust for numerous violations in Braintree. An inspection of Graziano's ready mix concrete facility on the banks of the Monatiquot River in Braintree found a discharge of silt-la |
communicate with dep
