| 2011 | 2010 | 2009 | 2008 |
| 2007 | 2006 | 2005 |
10/28/11: MassDEP entered into a Consent Order with a $7,650 Penalty involving James Poplawski of Cheshire for Wetlands violations, specifically, forestry activities without a forest cutting plan. The activities included alteration of 2,000 to 2,500 of riverfront area. In addition to restoration, Poplawski will pay a penalty of $2,000 with the remaining $5,650 suspended contingent upon restoration and ongoing compliance.
10/27/11: MassDEP issued an $8,912.50 Penalty Assessment Notice to Gerard A. Brunet and Patricia A. Brunet in Hinsdale. As owners of Bisselville Estates, a manufactured housing community located in Hinsdale. The PAN requires the payment of a penalty of $8,912.50 to address violations of the drinking water regulations and failure to comply with a Unilateral Administrative Order and multiple Notices of Noncompliance. The penalty addresses violations through April 2011.
10/3/11: MassDEP entered into a Consent Order with a $14,700 Penalty involving Barile Environmental, Inc., for Asbestos violations in Williamstown. Barile is a Massachusetts-licensed asbestos abatement contractor based in Pittsfield. MassDEP received a complaint regarding the removal of asbestos-containing siding from a residential building in Williamstown. MassDEP determined that asbestos siding removal operations had been conducted by Barile and discovered that asbestos handling work practices prescribed by MassDEP’s asbestos regulations were not followed. Under the terms of a settlement agreement with MassDEP, Barile will pay $6,200 of the Penalty, with the remaining $8,500 suspended during a two-year probationary period.
9/29/11: MassDEP issued a Boil Water Order to Waubeeka Springs Good Will Water Association for Water Supply violations in Williamstown. The Association serves dozens of homes and businesses in southern Williamstown. The Order was issued following a sanitary survey inspection that revealed debris, grass and sediment in one of the storage tanks. MassDEP required immediate response actions and disinfection. MassDEP staff were onsite, ensuring response actions were taken and assisting with public notice.
*9/28/11: MassDEP entered into a Consent Order with an $8,625 Penalty involving New England Fertilizer Company. The company was issued in response to non-compliance by NEFCO in the distribution and subsequent land application of sewage sludge residuals on a farm where crops are being grown for consumption by cattle. The land application of the sludge product was prohibited due to high concentrations of molybdenum. Today’s Order includes a $5,750 payment with the remaining $2,875 suspended pending demonstration of compliance.
9/8/11: MassDEP entered into a Consent Order with a $4,000 Penalty involving Lane Construction Corporation for Air Quality and Hazardous Waste Management violations in Northfield and Lee. In addition to the Penalty, the company has agreed to perform a $6,704 Supplemental Environmental Project (SEP). Initially, inspections by MassDEP conducted at five (5) of the company’s facilities in 2010, revealed noncompliance at their Northfield and Lee facilities. At the Northfield facility, MassDEP personnel observed excessive dust emissions from the secondary crusher. In addition, MassDEP found that the company’s Northfield facility had generated hazardous waste in excess of its registered thresholds, stored a container with waste oil that was not closed, and had another waste-oil container that lacked appropriate labeling. The company also did not notify MassDEP of the additional hazardous waste (waste oil) it generated at its Lee facility. The company, which cooperated with MassDEP and corrected the violations immediately after the inspection, will pay a $4,000 Penalty and has performed a SEP valued at $6,704. This particular SEP involved the crushing and recycling of 48 concrete-filled steel drums previously removed from the Connecticut River.
*9/7/11: MassDEP entered into a Consent Order with the New General Motors (GM) for National Vehicle Mercury Switch Recovery Program compliance. ‘New GM’ made a voluntary payment of $4.5 million to End of Life Vehicle Solutions Inc. (ELVS), the organization established by U.S. automobile manufacturers to collect and recycle mercury switches from vehicles before they are crushed and their steel is recycled. This payment supplements a separate settlement of $2.8 million made with ‘Old GM’ to resolve claims by 12 states that have adopted legislation requiring car makers to pay for collection and recycling of mercury switches from “end of life” vehicles, which was negotiated through ‘Old GM’s’ bankruptcy proceeding. Massachusetts was the lead state in negotiations with both Old GM and New GM, to ensure that the manufacturer of about half of the vehicles that contain mercury switches and are reaching the end of their useful lives meets its obligations to remove mercury from those vehicles, thereby preventing mercury emissions to the air from steel re-smelters. This effort was handled by Assistant Attorney General Carol Iancu of the Environmental Protection Division, with assistance from Jennifer Davis and Robert Ritchie of the MassDEP Office of General Counsel, and Mark Smith of the MassDEP Office of Research and Standards. MassDEP Commissioner Kenneth Kimmell led efforts by a number of state environmental commissioners to convince both Old GM and New GM to support the national program. The effort to bring New GM along and continue its support of this program was initiated through letters from the New England Governors’ Conference) NEGC Environment Committee and its Mercury Task Force, as well as the Environmental Council of the States (ECOS) Quick Silver Caucus in 2009.
8/25/11: MassDEP entered into a Consent Order with a $12,000 Penalty involving Steinerfilm, Inc. for Industrial Wastewater and Hazardous Waste Management violations at its two facilities in Williamstown. MassDEP conducted inspection at these facilities revealed that the company was not complying with the storage requirements for universal waste (regarding its waste fluorescent lamps) and hazardous waste, and exceeded the hazardous waste storage time limits. The company was also discharging industrial wastewater to the groundwater and surface water and failed to monitor its discharges to surface water at the frequency required by its NPDES permit. Additionally, the company was not reporting to MassDEP all the required surface water discharge monitoring data. Steinerfilm, Inc., which cooperated with MassDEP, began initiating corrective actions to address the noncompliance issues immediately after the inspection. Under today’s Order, the company agreed to perform an environmental audit of its facilities in order to identify and correct any noncompliance with applicable statutory and regulatory requirements. Steinerfilm will pay $8,000 of the Penalty with the remaining $4,000 suspended pending the company’s compliance with all terms of the agreement.
8/16/11: MassDEP issued a Unilateral Order to Option Institute & Fellowship for Water Supply violations in Sheffield. MassDEP issued the Declaration of Water Supply Emergency to the Institute in response to a written petition. The Institute, which serves as a public water system reported a well pump failure and it has sought the use of bottled water as a temporary measure to provide its customers adequate supply of drinking water during the Emergency.
8/11/11: MassDEP entered into a Consent Order with a $15,325 Penalty involving Wojtkowski Brothers, Inc. for Asbestos violations in Pittsfield. The violations were discovered during MassDEP’s inspection of the renovation work that was being conducted at a commercial building. During the inspection, MassDEP determined Wojtkowski Bros., the owner of the property, had removed asbestos-containing floor tiles and mastic without filing an asbestos notification, and without instituting the proper asbestos handling procedures. Wojtkowski Bros. cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. Under today’s Order, Wojtkowski Bros. has agreed to pay $5,000 of the Penalty, the balance, or $10,325, will be suspended for one year provided that Wojtkowski Bros. remains in compliance with the state asbestos regulations. Wojtkowski Bros. has also agreed to implement procedures to prevent similar violations of the asbestos regulations from recurring in the future.
8/10/11: MassDEP entered into a Consent Order with the town of Becket for Water Supply violations at Mullen House and Becket Arts Center in Becket. Today’s Order addresses the registration of the pubic water system serving the buildings and operator, monitoring, emergency response, cross connection and related drinking water compliance matters.
8/10/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving Wayne Perry and June McKane for Wetlands violations at West Center Road in Otis. The violations found were in respect to land owned by McKane and located at 671 West Center Road, Otis. Work at this location was undertaken associated with a landscaping business in violation. MassDEP’s review of ortho-aerial photos, from 2005 indicated that 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled in to expand the area for the landscaping business. Wetlands change polygon WC2-255-1 was evaluated by staff and following a detailed inspection conducted 5/10/11 the filled wetland was confirmed. The Order requires Perry, with the consent of the owner, McKane, to fully excavate and restore the impacted BVW by 11/15/11 with the full $5,000 Penalty suspended contingent upon full compliance with terms of the Order.
*8/10/11:MassDEP issued a Unilateral Order and a $96,222 Penalty Assessment Notice involving Heritage-Crystal Clean LLC regarding Hazardous Waste Transporter violations. The company, which is based in Elgin, Illinois, was ordered to cease transporting waste high-flash mineral spirits in Massachusetts unless it uses shipping papers or manifests that comply with the hazardous waste transportation requirements. The Order and Penalty Assessment Notice allege that on 237 occasions Heritage used a shipping paper that does not comply with 310 CMR 30.223(4)(b). Heritage is a MassDEP-licensed hazardous waste transporter that supplies mineral spirits to more than 200 Massachusetts auto dealerships, auto/truck repair garages, machine shops and other businesses for use as a metal parts cleaning solvent. The company also collects waste mineral spirits for transport to its recycling facility in Indianapolis, Indiana.
*7/26/11: MassDEP was notified by the Massachusetts Attorney General’s Office of a settlement with Lumiram Electric Corp., which agreed to correct advertising in which the New York-based distributor of compact fluorescent light bulbs (CFLs). Lumiram represented itself as a “green” company in spite of violating the Massachusetts Mercury Management Act. In November 2009, after a lengthy investigation confirmed the company was still distributing CFLs in the state, MassDEP cited Lumiram for failing to certify a plan for educating consumers about how to recycle mercury-containing bulbs, and for not submitting required annual reports on lamp life expectancies and sales. When the company did not respond, the agency ordered Lumiram to come into compliance and pay a $6,000 administrative penalty. As part of its settlement with the Attorney General, the company agreed to pay an additional $1,000 in investigation costs and penalties.
7/22/11: MassDEP entered into a Consent Order with a $37,300 Penalty involving Joe Wilkinson Excavating, Inc. regarding Wetlands and Clean Water Act violations in Great Barrington. MassDEP determined the violations arising out of a failure to follow the plan approved in the company’s valid Order of Conditions for a streambank stabilization project. Impacts from the unauthorized portion of work resulted in exceeding the permitted thresholds including the placement of fill exceeding 5,000 square feet. Today’s Order requires the submittal of a report and plan for compensatory action and execution of the plan. The company will pay $5,000 of the Penalty with the remaining $32,300 suspended contingent upon compliance with the Order.
7/19/11: MassDEP entered into a Consent Order with J-Juny’s Glass, Inc., for Asbestos violations in Pittsfield. J-Juny’s Glass, is a home improvement contractor, that had violated the asbestos violations by removed asbestos transite siding and asbestos containing insulation without first having filed notification. During an inspection of a vacant residential property and the tipping floor of a municipal solid waste combustor facility, MassDEP discovered that J-Juny had removed the material without filing a notification and without having utilized the appropriate work practices. The company also attempted to dispose of the asbestos-containing waste material at a local combustor facility. J-Juny cooperated with MassDEP and had the site and the tipping floor of the combustor facility cleaned up. After an analysis of the company’s financial documentation, it was determined that the company did not have the ability to pay a penalty. Today’s Order requires that J-Juny develop and implement Best Management Practices to ensure future compliance with the asbestos regulations.
7/8/11: MasssDEP executed a Consent Order with JT Golf, Inc., as owners of North Adams Country Club, for Drinking Water violations in Clarksburg. JT Golf, Inc. operates a public water system at its North Adams Country Club that is located in Clarksburg. Today’s Order addresses compliance with drinking water requirements following reactivation of the facility as a public water system.
7/8/11: MassDEP entered into a Consent Order with an $11,932 Penalty involving Dalton Fire and Water District for Water Quality violations, specifically violations of conditions contained within a Water Quality Certification relative to a culvert replacement. Today’s Order requires the District to submit a Restoration Area Plan and to provide for the required resource area mitigation with initiation of that plan by 9/1/11. Today’s Order also requires the District to pay $2,000 of the Penalty with the remaining $9,932 suspended contingent upon compliance with the Order.
7/1/11: MassDEP entered into a Consent Order with Steadfast Foods LLC, for Drinking Water violations in Richmond. MassDEP found that Steadfast Foods, LLC – d/b/a SOMA Catering – had been in noncompliance regarding the drinking water standards for public water systems at is facility in Richmond. Among those requirements include: a certified operator, monitoring, cross-connection control, emergency response and source protection.
6/30/11: MassDEP executed a Consent Order with a $3,750 Penalty involving George Horton for Wetlands violations in New Marlborough. MassDEP, specifically, found the violations of the Rivers Protection Act occurred in connection with the reconstruction of a single family home. Horton exceeded the work approved under the application (notice of intent) including an expansion and upgrade of a right of way to the property across the street on a property of another residence. In addition to the Penalty, Horton will restore the site (less than 2,500 s.f. of riverfront area).
6/29/11: MassDEP executed a Consent Order with an $11,200 Penalty involving John D. Duquette, Jr., for Asbestos violations in Pittsfield. The violations were discovered during MassDEP’s complaint investigation of demolition activity at a residential property located in Pittsfield. Duquette had demolished building structures at the property without properly removing asbestos floor tiles. Duquette will pay $3,000 with the remaining $8,200 suspended for one year provided that Duquette remains in compliance with the state asbestos regulations.
6/13/11: MassDEP entered into a Consent Order with 1561 Cold Spring Road Operating Company, LLC, which is d/b/a Sweet Brook of Williamstown, for Water Supply violations in Williamstown. Sweet Brook of Williamstown has agreed to address a water quality problem at this facility, a community public water system serving an elderly population. Today’s Order requires the community public water system to install treatment for the source with elevated arsenic and to reduce withdrawal from one of its sources.
6/7/11: MassDEP issued a Declaration of Water Supply Emergency to, 1561 Cold Spring Road Operating Company, LLC – d/b/a Sweet Brook of Williamston for Water Supply violations in Williamstown. MassDEP issued the Declaration to this entity to address a water quality problem at the Sweet Brook of Williamstown facility, a community public water system serving an elderly population. The Declaration allows the public water system to use one of its wells in excess of the approved volume to allow for blending of water from certain sources while one is off-line due to detections of arsenic in one of its sources. The facility was previously issued a Declaration and is currently moving to install treatment for the contaminated source.
5/19/11: MassDEP issued a Notice of Demand for a $2,500 Penalty Payment to Laurel Lake Water Power located in Lee. MassDEP issued the Demand for a Suspended Penalty to Laurel Lake Water Power for undertaking a seasonal drawdown of Laurel Lake in noncompliance with two previous Orders of Conditions (i.e. Wetlands permit) and a prior Administrative Consent Order. A demand for $2,500 of the suspended penalty was issued for the violations.
5/16/11: MassDEP entered into a Consent Order with an $8,700 Penalty involving All State Environmental, Inc. and $10,560 Penalty involving Lead Tech, Inc. for Asbestos violations in North Adams. On 8/26/10, MassDEP investigated an asbestos removal operation being conducted at a commercial property. Lead Tech’s asbestos notification had expired on 8/15/10, but Lead Tech continued to perform asbestos removal operations. The notification forms filed for the asbestos removal project also did not accurately identify all of the types and quantities of asbestos materials being removed. In addition, the air cleaning equipment alarm was not operable. During the investigation, MassDEP learned that Lead Tech had subcontracted All State to perform a portion of the asbestos removal project. All State did not file a notification form for its portion of the asbestos removal project. Under the terms of settlement agreements with MassDEP, Lead Tech will pay $6,000 of its Penalty, with the remaining $4,560 suspended during a two-year probationary period. All State will pay $3,000 of its Penalty with the remaining $5,700 suspended for a two-year probationary period.
5/16/11: MassDEP entered into a Consent Order with a $29,800 Penalty involving Specialty Minerals, Inc., for Water Pollution Control (storm water) violations in Adams. MassDEP found that construction or a portion of haul road was in violation of the Massachusetts Wetlands Protection Act. The violation was discovered in a review of various orthophoto maps in connection with another project. The violation involved the construction of a new haul road within the resource area (riverfront area) of an unnamed perennial river without first obtaining a valid Order of Conditions allowing the work. The site work involved cutting of vegetation, grading and construction of the new quarry haul road, including storm water management system at the western portion of the quarry along the former Notch Road. A site inspection confirmed the violation and impact to 65,400 square feet of riverfront area. The Order requires SMI to submit a restoration plan to restore impacted riverfront area and prevent any future unauthorized impacts with full restoration required by 5/1/13. In addition, SMI will pay $22,000 of the Penalty with the remaining $7,800 suspended contingent upon full compliance with the Order.
5/16/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Dr. Lahey’s Garden Center & Landscaping and $2,690 Penalty involving Richard Fares for Wetlands violations in Pittsfield. MassDEP found that Dr. Lahey’s Garden Center & Landscaping, and Richard Fares caused or undertook stream bank construction work in violation of the Massachusetts Wetlands Protection Act. Dr. Lahey’s is a local landscaping company and Fares is the homeowner where certain landscaping work was undertaken. The violation were uncovered as a result of a complaint to MassDEP by Fish and Wildlife staff working in that area that had observed and tracked sediment in Sackett Brook, a cold water fishery. MassDEP observed that construction had resulted in a discharge of sediment to the river in addition to construction impacts within 50 feet of the bank, and involved approximately 2,500 square feet of river front area. This works was undertaken without a valid Order of Conditions. Now, the respondents must provide for restoration by 7/30/11 by Dr. Lahey’s and Fares in accordance with an approved restoration plan. The Order also allows for the $1,000 Penalty to Dr. Lahey’s to be suspended contingent upon full compliance with the Order. The Order issued to Fares allows for suspension of the Penalty to Fares contingent upon compliance with the Order.
4/26/11: MassDEP entered into a Consent Order with the Vittori Realty Trust to ensure/achieve compliance with Drinking Water and Water Pollution Control regulations in Richmond. The Trust operates a transient non-community public water system known as Hilltop Orchards and Furnace Brook Winery. The agreement addresses operator, cross-connection, source, monitoring and reporting requirements.
4/20/11: MassDEP entered into a Consent Order with an $8,500 Penalty involving New England Environmental (NEE) for Wetlands violations in Tyringham. NEE, conducted work in violation of the permit (or superseding order of conditions) on the site, including construction within a resource area that failed to meet the performance requirements. The agreement requires NEE maintain full compliance with special conditions #34 and #39 of the permit (or SOC). Also, NEE must conduct additional plantings within the bordering vegetated wetlands and monitoring the vitality of mitigation areas. Under the agreement, the company will pay $2,500 of the Penalty with the remainder suspended pending full compliance with the terms of today’s Order.
4/20/11: MassDEP entered into a Consent Order with a $600 Penalty involving W. Marcia Ginsberg, for Wetlands violations in Egremont. Ginsburg had undertaken mitigation/construction impacting 1,484 square feet of bordering vegetated wetland in noncompliance with existing permit, or superseding order of conditions, for this site. Today’s Order requires evaluation of the mitigation area and a plan to return the mitigation area as well as two years of monitoring the mitigation area. In addition, the homeowner will pay the $600 Penalty.
4/6/11: MassDEP entered into a Consent Order with a $3,378 Penalty for each ASPNN LLC, and the Dyer Excavating LLC Otis, for Wetlands and Water Quality Certification violations in Otis. ASPNN is the developer and Dyer is the site contractor, both of which were subject to Orders for violations of the Massachusetts Clean Waters Act during the construction of a subdivision road in Otis. MassDEP discovered that construction of the road for this14-lot subdivision had encroached 400-500 square feet into bordering vegetated wetland areas beyond that authorized by the State Water Quality Certificate. Also, the erosion and sedimentation controls at the site were not in conformance with the requirements of the issued certificate. Site work had also resulted in unauthorized cutting and the disposition of ground bark chips in a protected Riverfront Area. The Consent Agreements require ASPNN LLC to submit a restoration plan for the BVW and implement the restoration plan by 5/31/11, as well as pay $2,190 of the Penalty with the remaining $1,188 suspended contingent upon compliance with the Consent Order. Dyer Excavating LLC is required to comply with the Certificate and the local order of conditions for all remaining work and to pay $2,190 of the Penalty of $3,378 with the remaining $1,188 suspended. Suspended penalties for each are dependent on their continued compliance with all terms of the orders.
3/28/11: MassDEP issued a Unilateral Order to Gerard A. Brunet & Patricia A. Brunet for Drinking Water violations in Hinsdale. The two Brunets operate a public water system (PWS) known as Bisselville Estates, located in Hinsdale. As a PWS, the owners are required to submit water quality monitoring results.
3/18/11: MassDEP entered into a Consent Order with LMNO Properties, LLC, for Drinking Water violations in North Adams. LMNO Properties, LLC operates a public water system at its facility in North Adams known as Wigwam Cabins. Today’s Order addresses compliance with drinking water requirements following reactivation of this transient non-community public water system. Today’s Order addresses specific operations in the monitoring and other requirements of a new source.
2/14/11: MassDEP entered into a Consent Order with a $13,525 Penalty involving the College Internship Program, Inc., for Asbestos violations in Lee. MassDEP discovered during its investigation of nuisance dust emissions from the renovation of a commercial building on Main Street in Lee found that the College Internship Program, Inc. (“CIP”) had removed asbestos-containing building materials from the building’s facade without filing an asbestos notification. Further, CIP had not instituted the proper asbestos handling procedures. CIP cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. CIP has agreed to pay a penalty $2,000 of the Penalty, the balance of which will be suspended for one year provided that CIP remains in compliance with the state asbestos regulations. CIP will be implementing procedures to prevent similar violations of the asbestos regulations from recurring in the future.
2/9/11: MassDEP entered into a Consent Order with a $5,450 Penalty involving Daniel Jusidman for Wetlands violations in Great Barrington. A general contractor hired by the property manager violated the Act by cutting and clearing 22 trees (2,500 square feet) within the protected Riverfront Area of the Williams River. The Williams River is a designated Cold Water Fisheries Resource. The Riverfront Area extending 200 feet along either side from the Mean Annual Flood Elevation is an area subject to protection under the Act. MassDEP’s investigation was the result of a request for assistance from the local conservation commission. The Order requires Jusidman to retain the services of an environmental consultant to prepare and submit a ‘restoration plan’ to MassDEP for approval. The approved restoration plan will be implemented by 5/1/11 with the requisite follow-up monitoring of the success of that plan also required. MassDEP has agreed to suspend $2,450 of the Penalty contingent upon Jusidman complying with the terms of the Order.
*1/27/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving EarthTronics Inc. due to Mercury-Added Lamp Violations. MassDEP entered into consent order with the company, which manufactures mercury-added lamps that are sold in Massachusetts, due to its failure to comply with MassDEP requirements that such companies submit 2002-2007 lamp sales data, annual compliance certifications for 2008 and 2009, or provide for public education about lamp recycling. EarthTronics, which is a Michigan-based company, also failed to respond to a previous MassDEP enforcement notice. Under the settlement, the company agreed to correct its violations, develop a plan for remaining in compliance with Environmental Results Program (ERP) regulations, and pay the full Penalty.
*Not necessarily in the Berkshires
10/28/11: MassDEP entered into a Consent Order with a $7,650 Penalty involving James Poplawski of Cheshire for Wetlands violations, specifically, forestry activities without a forest cutting plan. The activities included alteration of 2,000 to 2,500 of riverfront area. In addition to restoration, Poplawski will pay a penalty of $2,000 with the remaining $5,650 suspended contingent upon restoration and ongoing compliance.
10/27/11: MassDEP issued an $8,912.50 Penalty Assessment Notice to Gerard A. Brunet and Patricia A. Brunet in Hinsdale. As owners of Bisselville Estates, a manufactured housing community located in Hinsdale. The PAN requires the payment of a penalty of $8,912.50 to address violations of the drinking water regulations and failure to comply with a Unilateral Administrative Order and multiple Notices of Noncompliance. The penalty addresses violations through April 2011.
10/3/11: MassDEP entered into a Consent Order with a $14,700 Penalty involving Barile Environmental, Inc., for Asbestos violations in Williamstown. Barile is a Massachusetts-licensed asbestos abatement contractor based in Pittsfield. MassDEP received a complaint regarding the removal of asbestos-containing siding from a residential building in Williamstown. MassDEP determined that asbestos siding removal operations had been conducted by Barile and discovered that asbestos handling work practices prescribed by MassDEP’s asbestos regulations were not followed. Under the terms of a settlement agreement with MassDEP, Barile will pay $6,200 of the Penalty, with the remaining $8,500 suspended during a two-year probationary period.
9/29/11: MassDEP issued a Boil Water Order to Waubeeka Springs Good Will Water Association for Water Supply violations in Williamstown. The Association serves dozens of homes and businesses in southern Williamstown. The Order was issued following a sanitary survey inspection that revealed debris, grass and sediment in one of the storage tanks. MassDEP required immediate response actions and disinfection. MassDEP staff were onsite, ensuring response actions were taken and assisting with public notice.
*9/28/11: MassDEP entered into a Consent Order with an $8,625 Penalty involving New England Fertilizer Company. The company was issued in response to non-compliance by NEFCO in the distribution and subsequent land application of sewage sludge residuals on a farm where crops are being grown for consumption by cattle. The land application of the sludge product was prohibited due to high concentrations of molybdenum. Today’s Order includes a $5,750 payment with the remaining $2,875 suspended pending demonstration of compliance.
9/8/11: MassDEP entered into a Consent Order with a $4,000 Penalty involving Lane Construction Corporation for Air Quality and Hazardous Waste Management violations in Northfield and Lee. In addition to the Penalty, the company has agreed to perform a $6,704 Supplemental Environmental Project (SEP). Initially, inspections by MassDEP conducted at five (5) of the company’s facilities in 2010, revealed noncompliance at their Northfield and Lee facilities. At the Northfield facility, MassDEP personnel observed excessive dust emissions from the secondary crusher. In addition, MassDEP found that the company’s Northfield facility had generated hazardous waste in excess of its registered thresholds, stored a container with waste oil that was not closed, and had another waste-oil container that lacked appropriate labeling. The company also did not notify MassDEP of the additional hazardous waste (waste oil) it generated at its Lee facility. The company, which cooperated with MassDEP and corrected the violations immediately after the inspection, will pay a $4,000 Penalty and has performed a SEP valued at $6,704. This particular SEP involved the crushing and recycling of 48 concrete-filled steel drums previously removed from the Connecticut River.
*9/7/11: MassDEP entered into a Consent Order with the New General Motors (GM) for National Vehicle Mercury Switch Recovery Program compliance. ‘New GM’ made a voluntary payment of $4.5 million to End of Life Vehicle Solutions Inc. (ELVS), the organization established by U.S. automobile manufacturers to collect and recycle mercury switches from vehicles before they are crushed and their steel is recycled. This payment supplements a separate settlement of $2.8 million made with ‘Old GM’ to resolve claims by 12 states that have adopted legislation requiring car makers to pay for collection and recycling of mercury switches from “end of life” vehicles, which was negotiated through ‘Old GM’s’ bankruptcy proceeding. Massachusetts was the lead state in negotiations with both Old GM and New GM, to ensure that the manufacturer of about half of the vehicles that contain mercury switches and are reaching the end of their useful lives meets its obligations to remove mercury from those vehicles, thereby preventing mercury emissions to the air from steel re-smelters. This effort was handled by Assistant Attorney General Carol Iancu of the Environmental Protection Division, with assistance from Jennifer Davis and Robert Ritchie of the MassDEP Office of General Counsel, and Mark Smith of the MassDEP Office of Research and Standards. MassDEP Commissioner Kenneth Kimmell led efforts by a number of state environmental commissioners to convince both Old GM and New GM to support the national program. The effort to bring New GM along and continue its support of this program was initiated through letters from the New England Governors’ Conference) NEGC Environment Committee and its Mercury Task Force, as well as the Environmental Council of the States (ECOS) Quick Silver Caucus in 2009.
8/25/11: MassDEP entered into a Consent Order with a $12,000 Penalty involving Steinerfilm, Inc. for Industrial Wastewater and Hazardous Waste Management violations at its two facilities in Williamstown. MassDEP conducted inspection at these facilities revealed that the company was not complying with the storage requirements for universal waste (regarding its waste fluorescent lamps) and hazardous waste, and exceeded the hazardous waste storage time limits. The company was also discharging industrial wastewater to the groundwater and surface water and failed to monitor its discharges to surface water at the frequency required by its NPDES permit. Additionally, the company was not reporting to MassDEP all the required surface water discharge monitoring data. Steinerfilm, Inc., which cooperated with MassDEP, began initiating corrective actions to address the noncompliance issues immediately after the inspection. Under today’s Order, the company agreed to perform an environmental audit of its facilities in order to identify and correct any noncompliance with applicable statutory and regulatory requirements. Steinerfilm will pay $8,000 of the Penalty with the remaining $4,000 suspended pending the company’s compliance with all terms of the agreement.
8/16/11: MassDEP issued a Unilateral Order to Option Institute & Fellowship for Water Supply violations in Sheffield. MassDEP issued the Declaration of Water Supply Emergency to the Institute in response to a written petition. The Institute, which serves as a public water system reported a well pump failure and it has sought the use of bottled water as a temporary measure to provide its customers adequate supply of drinking water during the Emergency.
8/11/11: MassDEP entered into a Consent Order with a $15,325 Penalty involving Wojtkowski Brothers, Inc. for Asbestos violations in Pittsfield. The violations were discovered during MassDEP’s inspection of the renovation work that was being conducted at a commercial building. During the inspection, MassDEP determined Wojtkowski Bros., the owner of the property, had removed asbestos-containing floor tiles and mastic without filing an asbestos notification, and without instituting the proper asbestos handling procedures. Wojtkowski Bros. cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. Under today’s Order, Wojtkowski Bros. has agreed to pay $5,000 of the Penalty, the balance, or $10,325, will be suspended for one year provided that Wojtkowski Bros. remains in compliance with the state asbestos regulations. Wojtkowski Bros. has also agreed to implement procedures to prevent similar violations of the asbestos regulations from recurring in the future.
8/10/11: MassDEP entered into a Consent Order with the town of Becket for Water Supply violations at Mullen House and Becket Arts Center in Becket. Today’s Order addresses the registration of the pubic water system serving the buildings and operator, monitoring, emergency response, cross connection and related drinking water compliance matters.
8/10/11: MassDEP entered into a Consent Order with a $5,000 Penalty involving Wayne Perry and June McKane for Wetlands violations at West Center Road in Otis. The violations found were in respect to land owned by McKane and located at 671 West Center Road, Otis. Work at this location was undertaken associated with a landscaping business in violation. MassDEP’s review of ortho-aerial photos, from 2005 indicated that 10,000 square feet of Bordering Vegetated Wetland (BVW) had been filled in to expand the area for the landscaping business. Wetlands change polygon WC2-255-1 was evaluated by staff and following a detailed inspection conducted 5/10/11 the filled wetland was confirmed. The Order requires Perry, with the consent of the owner, McKane, to fully excavate and restore the impacted BVW by 11/15/11 with the full $5,000 Penalty suspended contingent upon full compliance with terms of the Order.
*8/10/11:MassDEP issued a Unilateral Order and a $96,222 Penalty Assessment Notice involving Heritage-Crystal Clean LLC regarding Hazardous Waste Transporter violations. The company, which is based in Elgin, Illinois, was ordered to cease transporting waste high-flash mineral spirits in Massachusetts unless it uses shipping papers or manifests that comply with the hazardous waste transportation requirements. The Order and Penalty Assessment Notice allege that on 237 occasions Heritage used a shipping paper that does not comply with 310 CMR 30.223(4)(b). Heritage is a MassDEP-licensed hazardous waste transporter that supplies mineral spirits to more than 200 Massachusetts auto dealerships, auto/truck repair garages, machine shops and other businesses for use as a metal parts cleaning solvent. The company also collects waste mineral spirits for transport to its recycling facility in Indianapolis, Indiana.
*7/26/11: MassDEP was notified by the Massachusetts Attorney General’s Office of a settlement with Lumiram Electric Corp., which agreed to correct advertising in which the New York-based distributor of compact fluorescent light bulbs (CFLs). Lumiram represented itself as a “green” company in spite of violating the Massachusetts Mercury Management Act. In November 2009, after a lengthy investigation confirmed the company was still distributing CFLs in the state, MassDEP cited Lumiram for failing to certify a plan for educating consumers about how to recycle mercury-containing bulbs, and for not submitting required annual reports on lamp life expectancies and sales. When the company did not respond, the agency ordered Lumiram to come into compliance and pay a $6,000 administrative penalty. As part of its settlement with the Attorney General, the company agreed to pay an additional $1,000 in investigation costs and penalties.
7/22/11: MassDEP entered into a Consent Order with a $37,300 Penalty involving Joe Wilkinson Excavating, Inc. regarding Wetlands and Clean Water Act violations in Great Barrington. MassDEP determined the violations arising out of a failure to follow the plan approved in the company’s valid Order of Conditions for a streambank stabilization project. Impacts from the unauthorized portion of work resulted in exceeding the permitted thresholds including the placement of fill exceeding 5,000 square feet. Today’s Order requires the submittal of a report and plan for compensatory action and execution of the plan. The company will pay $5,000 of the Penalty with the remaining $32,300 suspended contingent upon compliance with the Order.
7/19/11: MassDEP entered into a Consent Order with J-Juny’s Glass, Inc., for Asbestos violations in Pittsfield. J-Juny’s Glass, is a home improvement contractor, that had violated the asbestos violations by removed asbestos transite siding and asbestos containing insulation without first having filed notification. During an inspection of a vacant residential property and the tipping floor of a municipal solid waste combustor facility, MassDEP discovered that J-Juny had removed the material without filing a notification and without having utilized the appropriate work practices. The company also attempted to dispose of the asbestos-containing waste material at a local combustor facility. J-Juny cooperated with MassDEP and had the site and the tipping floor of the combustor facility cleaned up. After an analysis of the company’s financial documentation, it was determined that the company did not have the ability to pay a penalty. Today’s Order requires that J-Juny develop and implement Best Management Practices to ensure future compliance with the asbestos regulations.
7/8/11: MasssDEP executed a Consent Order with JT Golf, Inc., as owners of North Adams Country Club, for Drinking Water violations in Clarksburg. JT Golf, Inc. operates a public water system at its North Adams Country Club that is located in Clarksburg. Today’s Order addresses compliance with drinking water requirements following reactivation of the facility as a public water system.
7/8/11: MassDEP entered into a Consent Order with an $11,932 Penalty involving Dalton Fire and Water District for Water Quality violations, specifically violations of conditions contained within a Water Quality Certification relative to a culvert replacement. Today’s Order requires the District to submit a Restoration Area Plan and to provide for the required resource area mitigation with initiation of that plan by 9/1/11. Today’s Order also requires the District to pay $2,000 of the Penalty with the remaining $9,932 suspended contingent upon compliance with the Order.
7/1/11: MassDEP entered into a Consent Order with Steadfast Foods LLC, for Drinking Water violations in Richmond. MassDEP found that Steadfast Foods, LLC – d/b/a SOMA Catering – had been in noncompliance regarding the drinking water standards for public water systems at is facility in Richmond. Among those requirements include: a certified operator, monitoring, cross-connection control, emergency response and source protection.
6/30/11: MassDEP executed a Consent Order with a $3,750 Penalty involving George Horton for Wetlands violations in New Marlborough. MassDEP, specifically, found the violations of the Rivers Protection Act occurred in connection with the reconstruction of a single family home. Horton exceeded the work approved under the application (notice of intent) including an expansion and upgrade of a right of way to the property across the street on a property of another residence. In addition to the Penalty, Horton will restore the site (less than 2,500 s.f. of riverfront area).
6/29/11: MassDEP executed a Consent Order with an $11,200 Penalty involving John D. Duquette, Jr., for Asbestos violations in Pittsfield. The violations were discovered during MassDEP’s complaint investigation of demolition activity at a residential property located in Pittsfield. Duquette had demolished building structures at the property without properly removing asbestos floor tiles. Duquette will pay $3,000 with the remaining $8,200 suspended for one year provided that Duquette remains in compliance with the state asbestos regulations.
6/13/11: MassDEP entered into a Consent Order with 1561 Cold Spring Road Operating Company, LLC, which is d/b/a Sweet Brook of Williamstown, for Water Supply violations in Williamstown. Sweet Brook of Williamstown has agreed to address a water quality problem at this facility, a community public water system serving an elderly population. Today’s Order requires the community public water system to install treatment for the source with elevated arsenic and to reduce withdrawal from one of its sources.
6/7/11: MassDEP issued a Declaration of Water Supply Emergency to, 1561 Cold Spring Road Operating Company, LLC – d/b/a Sweet Brook of Williamston for Water Supply violations in Williamstown. MassDEP issued the Declaration to this entity to address a water quality problem at the Sweet Brook of Williamstown facility, a community public water system serving an elderly population. The Declaration allows the public water system to use one of its wells in excess of the approved volume to allow for blending of water from certain sources while one is off-line due to detections of arsenic in one of its sources. The facility was previously issued a Declaration and is currently moving to install treatment for the contaminated source.
5/19/11: MassDEP issued a Notice of Demand for a $2,500 Penalty Payment to Laurel Lake Water Power located in Lee. MassDEP issued the Demand for a Suspended Penalty to Laurel Lake Water Power for undertaking a seasonal drawdown of Laurel Lake in noncompliance with two previous Orders of Conditions (i.e. Wetlands permit) and a prior Administrative Consent Order. A demand for $2,500 of the suspended penalty was issued for the violations.
5/16/11: MassDEP entered into a Consent Order with an $8,700 Penalty involving All State Environmental, Inc. and $10,560 Penalty involving Lead Tech, Inc. for Asbestos violations in North Adams. On 8/26/10, MassDEP investigated an asbestos removal operation being conducted at a commercial property. Lead Tech’s asbestos notification had expired on 8/15/10, but Lead Tech continued to perform asbestos removal operations. The notification forms filed for the asbestos removal project also did not accurately identify all of the types and quantities of asbestos materials being removed. In addition, the air cleaning equipment alarm was not operable. During the investigation, MassDEP learned that Lead Tech had subcontracted All State to perform a portion of the asbestos removal project. All State did not file a notification form for its portion of the asbestos removal project. Under the terms of settlement agreements with MassDEP, Lead Tech will pay $6,000 of its Penalty, with the remaining $4,560 suspended during a two-year probationary period. All State will pay $3,000 of its Penalty with the remaining $5,700 suspended for a two-year probationary period.
5/16/11: MassDEP entered into a Consent Order with a $29,800 Penalty involving Specialty Minerals, Inc., for Water Pollution Control (storm water) violations in Adams. MassDEP found that construction or a portion of haul road was in violation of the Massachusetts Wetlands Protection Act. The violation was discovered in a review of various orthophoto maps in connection with another project. The violation involved the construction of a new haul road within the resource area (riverfront area) of an unnamed perennial river without first obtaining a valid Order of Conditions allowing the work. The site work involved cutting of vegetation, grading and construction of the new quarry haul road, including storm water management system at the western portion of the quarry along the former Notch Road. A site inspection confirmed the violation and impact to 65,400 square feet of riverfront area. The Order requires SMI to submit a restoration plan to restore impacted riverfront area and prevent any future unauthorized impacts with full restoration required by 5/1/13. In addition, SMI will pay $22,000 of the Penalty with the remaining $7,800 suspended contingent upon full compliance with the Order.
5/16/11: MassDEP entered into a Consent Order with a $1,000 Penalty involving Dr. Lahey’s Garden Center & Landscaping and $2,690 Penalty involving Richard Fares for Wetlands violations in Pittsfield. MassDEP found that Dr. Lahey’s Garden Center & Landscaping, and Richard Fares caused or undertook stream bank construction work in violation of the Massachusetts Wetlands Protection Act. Dr. Lahey’s is a local landscaping company and Fares is the homeowner where certain landscaping work was undertaken. The violation were uncovered as a result of a complaint to MassDEP by Fish and Wildlife staff working in that area that had observed and tracked sediment in Sackett Brook, a cold water fishery. MassDEP observed that construction had resulted in a discharge of sediment to the river in addition to construction impacts within 50 feet of the bank, and involved approximately 2,500 square feet of river front area. This works was undertaken without a valid Order of Conditions. Now, the respondents must provide for restoration by 7/30/11 by Dr. Lahey’s and Fares in accordance with an approved restoration plan. The Order also allows for the $1,000 Penalty to Dr. Lahey’s to be suspended contingent upon full compliance with the Order. The Order issued to Fares allows for suspension of the Penalty to Fares contingent upon compliance with the Order.
4/26/11: MassDEP entered into a Consent Order with the Vittori Realty Trust to ensure/achieve compliance with Drinking Water and Water Pollution Control regulations in Richmond. The Trust operates a transient non-community public water system known as Hilltop Orchards and Furnace Brook Winery. The agreement addresses operator, cross-connection, source, monitoring and reporting requirements.
4/20/11: MassDEP entered into a Consent Order with an $8,500 Penalty involving New England Environmental (NEE) for Wetlands violations in Tyringham. NEE, conducted work in violation of the permit (or superseding order of conditions) on the site, including construction within a resource area that failed to meet the performance requirements. The agreement requires NEE maintain full compliance with special conditions #34 and #39 of the permit (or SOC). Also, NEE must conduct additional plantings within the bordering vegetated wetlands and monitoring the vitality of mitigation areas. Under the agreement, the company will pay $2,500 of the Penalty with the remainder suspended pending full compliance with the terms of today’s Order.
4/20/11: MassDEP entered into a Consent Order with a $600 Penalty involving W. Marcia Ginsberg, for Wetlands violations in Egremont. Ginsburg had undertaken mitigation/construction impacting 1,484 square feet of bordering vegetated wetland in noncompliance with existing permit, or superseding order of conditions, for this site. Today’s Order requires evaluation of the mitigation area and a plan to return the mitigation area as well as two years of monitoring the mitigation area. In addition, the homeowner will pay the $600 Penalty.
4/6/11: MassDEP entered into a Consent Order with a $3,378 Penalty for each ASPNN LLC, and the Dyer Excavating LLC Otis, for Wetlands and Water Quality Certification violations in Otis. ASPNN is the developer and Dyer is the site contractor, both of which were subject to Orders for violations of the Massachusetts Clean Waters Act during the construction of a subdivision road in Otis. MassDEP discovered that construction of the road for this14-lot subdivision had encroached 400-500 square feet into bordering vegetated wetland areas beyond that authorized by the State Water Quality Certificate. Also, the erosion and sedimentation controls at the site were not in conformance with the requirements of the issued certificate. Site work had also resulted in unauthorized cutting and the disposition of ground bark chips in a protected Riverfront Area. The Consent Agreements require ASPNN LLC to submit a restoration plan for the BVW and implement the restoration plan by 5/31/11, as well as pay $2,190 of the Penalty with the remaining $1,188 suspended contingent upon compliance with the Consent Order. Dyer Excavating LLC is required to comply with the Certificate and the local order of conditions for all remaining work and to pay $2,190 of the Penalty of $3,378 with the remaining $1,188 suspended. Suspended penalties for each are dependent on their continued compliance with all terms of the orders.
3/28/11: MassDEP issued a Unilateral Order to Gerard A. Brunet & Patricia A. Brunet for Drinking Water violations in Hinsdale. The two Brunets operate a public water system (PWS) known as Bisselville Estates, located in Hinsdale. As a PWS, the owners are required to submit water quality monitoring results.
3/18/11: MassDEP entered into a Consent Order with LMNO Properties, LLC, for Drinking Water violations in North Adams. LMNO Properties, LLC operates a public water system at its facility in North Adams known as Wigwam Cabins. Today’s Order addresses compliance with drinking water requirements following reactivation of this transient non-community public water system. Today’s Order addresses specific operations in the monitoring and other requirements of a new source.
2/14/11: MassDEP entered into a Consent Order with a $13,525 Penalty involving the College Internship Program, Inc., for Asbestos violations in Lee. MassDEP discovered during its investigation of nuisance dust emissions from the renovation of a commercial building on Main Street in Lee found that the College Internship Program, Inc. (“CIP”) had removed asbestos-containing building materials from the building’s facade without filing an asbestos notification. Further, CIP had not instituted the proper asbestos handling procedures. CIP cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up the site. CIP has agreed to pay a penalty $2,000 of the Penalty, the balance of which will be suspended for one year provided that CIP remains in compliance with the state asbestos regulations. CIP will be implementing procedures to prevent similar violations of the asbestos regulations from recurring in the future.
2/9/11: MassDEP entered into a Consent Order with a $5,450 Penalty involving Daniel Jusidman for Wetlands violations in Great Barrington. A general contractor hired by the property manager violated the Act by cutting and clearing 22 trees (2,500 square feet) within the protected Riverfront Area of the Williams River. The Williams River is a designated Cold Water Fisheries Resource. The Riverfront Area extending 200 feet along either side from the Mean Annual Flood Elevation is an area subject to protection under the Act. MassDEP’s investigation was the result of a request for assistance from the local conservation commission. The Order requires Jusidman to retain the services of an environmental consultant to prepare and submit a ‘restoration plan’ to MassDEP for approval. The approved restoration plan will be implemented by 5/1/11 with the requisite follow-up monitoring of the success of that plan also required. MassDEP has agreed to suspend $2,450 of the Penalty contingent upon Jusidman complying with the terms of the Order.
*1/27/11: MassDEP entered into a Consent Order with a $6,000 Penalty involving EarthTronics Inc. due to Mercury-Added Lamp Violations. MassDEP entered into consent order with the company, which manufactures mercury-added lamps that are sold in Massachusetts, due to its failure to comply with MassDEP requirements that such companies submit 2002-2007 lamp sales data, annual compliance certifications for 2008 and 2009, or provide for public education about lamp recycling. EarthTronics, which is a Michigan-based company, also failed to respond to a previous MassDEP enforcement notice. Under the settlement, the company agreed to correct its violations, develop a plan for remaining in compliance with Environmental Results Program (ERP) regulations, and pay the full Penalty.
*Not necessarily in the Berkshires