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12/12/08: MassDEP issued a Declaration of Water Emergency regarding the Egremont Water Department. The town petitioned MassDEP to issue this declaration so as to allow Egremont to deliver water from an approved hauler into its distribution system. Egremont was addressing a large water main break causing depletion of its stored water. The main break was located and replaced on Saturday 12/13/08.
12/8/08: MassDEP issued a Declaration of Water Emergency to the Dalton Fire District in Dalton. MassDEP received a petition by the Dalton Fire District that sought allowance for the District to deliver water from an approved hauler into a portion of its distribution system. The Wahconah Falls service area was affected by a water main break. While the break was located and repaired, the District proposed to deliver water directly to the storage vaults for this area. The suspected break was located and repairs were underway, and expected to take one to two days to complete.
11/25/08: MassDEP issued a Demand for $1,000 in Stipulated Penalties involving Covanta-Pittsfield, LLC, for violations of an existing Consent Order. The company operates a municipal waste combustor facility in Pittsfield. The company, which had previously entered into an Administrative Consent Order to address, among other things, a violation with its carbon injection feed rate, failed to comply with its carbon injection feed rate for two days in October 2008.
11/21/08: MassDEP issued a Unilateral Order to Roger Scheurer of Schweitzer-Mauduit, Inc. for Wetlands violations at Laurel Lake in Lee. MassDEP issued the Order due to construction work that resulted in unauthorized alteration of jurisdictional resource areas, including not only the drawdown, but removal of substrate of the lake, placing fill (rip-rap) on the face of the dam and depositing sediment in a resource area without filing the required Notice of Intent. Today’s Order requires the Respondent to immediately cause the water level in Laurel Lake to return to a normal pool level and cease and desist further activity within or upon this resource areas and associated buffer zones. The respondent is also required to submit a report to MassDEP detailing its work and any impacts caused by this work. In addition, the Respondent is required to immediately notify Massachusetts Natural Heritage and Endangered Species Program (NHESP).
11/18/08: MassDEP issued a Demand Notice to Daniel S. Burack for $500 in Stipulated Penalties for failing to meet terms of a Consent Order involving Hayden Pond in Otis. Burack was required to receive a Negative Determination from the Conservation Commission, or that he would file a Notice of Intent prior to conducting activities/work at the subject site. Work was conducted wherein fill was placed in the riverfront area of the west branch of the Farmington River, without any filing of a Notice of Intent. This constituted a violation of regulations and the Consent Order.
11/17/08: MassDEP issued a Consent Order with a $5,000 Penalty involving Jeffrey Warner for Wetlands violations at Wells Drive in Cheshire. MassDEP found that Warner was placing fill in the 100-year floodplain (bordering land subject to flooding) in noncompliance with approved plans and conditions that was obtained for the work – in a superseding order of conditions. MassDEP found that fill was place in a resource area of approximately 5,000 square feet. Today’s Order requires the Respondent to remove all fill from the resource area, restore the original grade, stabilize the slopes, and restore the area in compliance with original approved plan. MassDEP has agreed to suspend $2,000 of the Penalty pending compliance.
11/10/08: MassDEP entered into a Consent Order with Anthony J. Crea for Waste Site Clean Up violations in Pittsfield. Crea is the owner and operator of the property at 483 West Housatonic Street in Pittsfield where a release of oil or hazardous materials was reported in 19944. Crea failed to submit cleanup reports within the deadline, namely the required tier classification or final response action outcome. Prior to this, on 9/16/08, MassDEP sent Crea, a notice of noncompliance. Under the terms of today’s Order, new deadlines for completing the cleanup have been established. Either a tier classification or a final response action outcome is due in January, 2009 (or a financial inability application
*11/5/08: MassDEP sent twenty (20) Notices of Noncompliance to various mercury-added lamp manufacturers under the state’s Mercury Lamp Certification Enforcement. MassDEP informed the manufacturers that have not submitted compliance certifications and/or data on the number of lamps they offer for sale in Massachusetts as required by MassDEP. These regulations were promulgated under the state’s Mercury Management Act. MassDEP also sent a separate Notice of Noncompliance to the trade association that was responsible for implementing a mercury lamp recycling public education plan on behalf of manufacturers.
11/3/08: MassDEP entered into a Consent Order with a $15,000 Penalty involving Pittsfield Plastics for Hazardous Waste Management violations in Pittsfield. The violations were discovered during MassDEP’s inspection which found the company’s hazardous waste and waste oil generation was not meeting some of MassDEP’s hazardous waste management requirements, and was operating without an air pollution control plan approval. Some of the hazardous waste management violations entailed missing signs and labels for containers of hazardous waste and waste oil, not clearly delineating areas where containers of hazardous waste and waste oil were being stored, failing to keep containers of hazardous waste closed, and failing to have adequate aisle space for the storage of hazardous waste. The company, which cooperated with MassDEP during enforcement negotiations, has been working to address the compliance issues. Under today’s Order, MassDEP has agreed to suspend $10,000 of the Penalty pending compliance with the terms of the agreement which includes the implementation of a hazardous waste reduction plan.
10/29/08: MassDEP entered into a Consent Order with Consolidated Aluminum Corporation for Waste Site Cleanup violations at North Adams. The company is former owner and operator of the property located at 506-508 State Road in North Adams. Specifically, the violations were for failure to submit cleanup plans and reports by the deadlines established. Conalco stated that unresolved issues of obtaining access agreements and cleanup responsibilities, contributed to the delay in conducting response actions. New deadlines have now been established for the completion of response actions and submittal of required documents. Today’s Order also contains stipulated penalties should any future noncompliance with requirements established in today’s Order.
*10/22/08: MassDEP Suspended the Hazardous Waste Transporter License of New York-based Price Trucking Corp. for failing to pay hazardous waste transporter fees owed on shipments of hazardous waste collected from Massachusetts generators. Price has so far paid only $50,000 of $108,000 in accumulated fees. MassDEP will not lift the license suspension until Price pays the entire overdue balance.
10/17/08: MassDEP executed an Amendment to an existing Consent Order with Silverleaf Resorts in New Ashford regarding compliance with septic system (Title 5 – Water Pollution Control) regulations. Today’s Order provides for Silverleaf to use an existing Title 5 facility on its property at Snowy Owl Resort in New Ashford
*10/6/08: MassDEP entered into an Agreement with Coca Cola Bottling of New England for late-filing of it Toxics Use Reduction Act report for its Needham facility. Under a Supplemental Environmental Project (SEP) the soft drink maker will pay a $7,500 Penalty and implement a three-part, $39,000 water conservation project to be completed by the end of this year. The company’s goal is to reduce water use by up to 7,000 gallons per day through recovery and recycling of wastewater, for a projected annual water savings of nearly 1.4 million gallons.
10/6/08: MassDEP entered into a Consent Order with a $16,000 Penalty involving Holland Company, Inc. for environmental violations in connection with the release of 3,600 gallons of sodium hydroxide in Adams. The release at the company’s chemical-manufacturing facility in the early hours of the morning on 8/15/07 resulted from a bermed tank located inside the process building. The released sodium hydroxide migrated outdoors through a crack in the floor and into an excavation trench that was being dewatered. The dewatering activity caused the solution of water and sodium hydroxide to be pumped to a location on the northeastern portion of the facility. Holland reported the release to MassDEP’s emergency response section. Holland attributed the release to an operator’s failure to close a valve under the sodium hydroxide solution tank before the operator left the building. Holland was also cited for a failure to file a Determination of Applicability with the Town of Holland’s Conservation Commission for having place fill near a wetland area as well as for failure to file a demolition notification with MassDEP prior to the construction project at the facility. MassDEP levied a fine of $8,900 against Holland for a release of 15,000 gallons of commercial liquid aluminum sulfate (“alum”) which Holland also attributed to an operator error.
10/3/08: MassDEP issued A Unilateral Order to Bernard Powers for Chapter 91 (Waterways Permit) violations at Pecks Road at Onota Lake in Pittsfield. Powers was issued the Order due to the construction and operation of a multi-boat dock facility on the lake. Today’s Order requires either the submission of an application for a Chapter 91 license (the Public Waterfront Act) or removal of the dock within 30 days.
10/3/08: MassDEP issued a Unilateral Order to Philomena Goodwin for Chapter 91 violations at 182 Goodwin Road (Center Pond) in Becket. At that location, MassDEP found construction and operation of a dock on the lake. Today’s Order requires either the submission of an application for a license under Chapter 91 of the Public Waterfront Act, or removal of the dock within 30 days.
9/26/08: MassDEP entered into a Consent Order with a $7,653 Penalty involving Covanta Pittsfield, LLC, for Air Quality violations in Pittsfield. Following a recent stack test, Covanta notified MassDEP that the facility exceeded its allowable dioxins/furans emission limit. Upon review of additional reports submitted by Covanta, MassDEP also discovered the minimum carbon injection rates had not been achieved during the first quarter of 2008. Covanta immediately made repairs to a faulty monitor, agreed to ensure future compliance and pay the $7,653 Penalty.
9/15/08: MassDEP was informed that Gerald Ely was fined for illegal Asbestos Removal in District Court. Gerald Ely of Pittsfield pleaded guilty in District Court to charges that he oversaw the illegal removal of asbestos without the required notification and without following the established requirements for proper removal. Ely was also charged with violating the Labor and Industries Act for failure to obtain an asbestos removal license, and for unlawful work practices. MassDEP investigators worked closely with Pittsfield Code Enforcement officer inspecting the site and developing the case for referral to the state attorney general’s office. The Commonwealth recommended a sentence of two years suspended in the House of Correction and a $10,000 fine. After Ely pleaded guilty, the judge sentenced him to a $2,000 fine.
7/18/08: MassDEP entered into a Consent Order with Berkshire Theatre Festival in Stockbridge for Water Supply violations. The Festival operates as a transient non-community public water system. Today’s Order pertains to the water source Zone One, and the needed limits on its water use and the circumstances that prompt the need for replacement or a supplemental source.
7/18/08: MassDEP entered into a Consent Order with Ioka Valley Farm for Drinking Water violations in Hancock. The Farm operates as a transient non-community public water system. The Farm failed to meet compliance with associated drinking water standards for water quality monitoring, source protection and operator services. The Farm has agreed to comply with all regulations.
7/11/08: MassDEP entered into a Consent Order with Ashmere Lake Estates for Water Supply violations in Hinsdale. The Estates serves as a small community public water system for a number of homes in a development served by a common well. Today’s Order addresses current public water supply operations and the required steps necessary in order to terminate the public water system.
6/27/08: MassDEP entered into a Consent Order with Dalton Fire District to complete corrective actions to repair its dam in Windsor. The authorization of Emergency Action was issued in June 2008 relative requiring reconstruction of the dam. The Order requires the development of a resource mitigation plan including milestone dates and implementation of the plan by 9/15/08.
6/24/08: MassDEP issued a Unilateral Order to Tony & Beverly Scapin for Wetlands violations in Otis. MassDEP has required the Scapins to cease and desist from further construction of a boat ramp into Otis Reservoir at a residential lot in Otis. The Scapins continued to construct the boat ramp following a MassDEP inspection of the property, when it was noted that the activities were not permitted under the permit (order of conditions) for that location.
6/24/08: MassDEP issued a Notice of Intent to Assess a $15,900 Administrative Penalty to Denise Barriere for constructing a dock on Pontoosuc Lake in Lanesborough without a valid permit (order of conditions) or without a valid Chapter 91 license. Further, Barriere failed to comply with a previously issued unilateral order regarding the activity. Today’s Order requires Barriere to pay the $15,900 Penalty.
6/19/08: MassDEP entered into a Consent Order with an $8,500 Penalty regarding Bilmar Boarding and Grooming for operation of an animal crematory in Great Barrington without the required Air Quality permit approval. Bilmar will cease operating and dismantle the animal crematory. MassDEP has agreed to suspend $4,600 pending compliance with all terms of the agreement.
6/9/08: MassDEP entered into a Consent Order with a $1,500 Penalty regarding the Estate of Adella Gamache for Waste Site Cleanup violations at 4 Orcutt Street in Adams. The property was formerly operated as Greylock Ice & Fuel, and where (on 8/20/07) a release of fuel oil was discovered at the site during the removal of a large fuel oil storage tank. The tank was uncovered in preparation for removal. Upon discovery of the contamination, the Estate ceased removal of the tanks and backfilled the excavation. MassDEP would inspect the site on that day, and subsequently issued notices to the Estate of responsibility to and the need to conduct response actions. In addition to the penalty, today’s Order requires the Estate to retain the services of a Licensed Site Professional to oversee assessment and removal of the tank(s) at the site, and submit an Immediate Response Action Plan within thirty days.
6/2/08: MassDEP and Office of the Attorney General entered into a Settlement Agreement that settled the outstanding litigation related to a dam project at Mill Pond in Sheffield with Petricca Construction Company (“Petricca”). Petricca was the contactor under an approved Dam Repair Project in Sheffield in July 2001. The work performed failed to follow the conditions set forth in the Order of Conditions resulting in a more significant drawdown of the impoundment, scouring of the pond bottom and discharge of sediments downstream. The Settlement Agreement includes entry of a Final Judgment with the Superior Court providing for a cash settlement in the amount of $10,000 and a prohibition on future violations of the Wetlands Protection Act. MassDEP and the Office of the Attorney General had previously settled a claim against the engineering consultant for the project, S-K Design Group, Inc., that had been retained to design and supervise the project. The settlement included a cash payment in the amount of $25,000.
5/27/08: MassDEP entered into a Consent Order with a $15,000 Penalty regarding Richard Brites for Asbestos violations on a Clinton Avenue structure in Pittsfield. MassDEP personnel observed an antiquated boiler and approximately ten linear feet of steam pipes (“mechanical components”) in the back yard of the site. The mechanical components were coated with insulation suspected to be asbestos-containing material. An inspection of the basement revealed that the boiler had been removed from the basement and suspected asbestos-containing materials were scattered on the floor of the basement. A further investigation revealed that Brites had performed the boiler removal and performed the asbestos handling work at the site. A review of MassDEP records revealed that there was no notification on file, and that Brites is not licensed as an asbestos removal contractor. Brites has agreed to take a 16-hour asbestos awareness training class and MassDEP has agreed to suspend the full Penalty was suspended due to Brites’ demonstrated financial inability.
*5/19/08: MassDEP entered into a Consent Order with a $10,000 Penalty regarding Decas Cranberry Company, Inc. for Wetlands and Water Management Act violations. In addition, the company is required to conduct a Supplemental Environmental Project (SEP), which includes a series of projects meant to improve the environmental performance of Decas bogs. The SEP includes erosion control, bog renovation, and replacing a diesel pump with an electric pump. The Order also sets a timeline for Decas and MassDEP to collaborate on ways to address Chapter 91 (waterways licensing) needs at the state’s “Great Ponds.”
4/30/08: MassDEP entered into a Consent Order with Southern Berkshire Regional School District for Waste Site Cleanup violations in Sheffield. As owner and operator of the property at 491 Berkshire School Road, the School District was cited for failure to submit its required periodic review of the temporary solution, which was/is to be submitted every fifth year. Under today’s Order, the District has a deadline of 10/31/08 for the submittal of either its required periodic review or alternative outcome statement. In addition, the District has agreed to pay $1,000 day in stipulated penalties in the event it violates any provision of the Order.
4/28/08: MassDEP entered into a Consent Order with Vacation Village in the Berkshires, Inc., for Water Pollution Control violations in Hancock. Under today’s Order, MassDEP has agreed to allow a schedule to replace the company’s existing wastewater treatment facility that serves these vacation-resort condominiums. The owner had sought to replace the facility after repeated attempts to troubleshoot and operate the existing six-year old facility, but failed to meet effluent (discharge) limitations.
4/25/08: MassDEP entered into an Amended Consent Order with Kripalu Center in Stockbridge for Water Supply violations. The Center has agreed to a previous Consent Order that adjusts the schedule and conditions for completing an expansion and associated work related to a new drinking water source, or, if failing that, establishing an inter-connection with an existing Public Water System in either Stockbridge or Lenox.
3/31/08: MassDEP executed a Consent Order with a $3,000 Penalty regarding Del-Rich, Inc., for Waste Site Cleanup violations in Pittsfield. The company, an excavation contractor, failed to immediately notify MassDEP (as required) following a 15-gallon diesel fuel spill. The 4/17/07 release was not reported until 8/27/07 when Del-Rich had completed cleanup of the release. Under today’s Order, Del-Rich has agreed to retrain its employees on notification requirements for and response to releases of oil and hazardous materials, and implement a Supplemental Environmental Project (SEP). The company will undertake a culvert retrofit project on Tower Brook in Chesterfield. The culvert had been retrofitted in early 2005 to improve habitat for coldwater fish species such as Atlantic salmon and brook trout, and facilitate upstream migration of fish. A significant rainstorm in October 2005 however, damaged the improvements, and Del-Rich will restore the culvert to pre-storm conditions. Proponents of the Tower Brook project include the Mass Riverways Program, the University of Massachusetts Extension Service and the Nature Conservancy. MassDEP has agreed to suspend the entire Penalty pending compliance.
3/31/08: MassDEP entered into a Consent Order with Brian Tenczar for Wetlands violations in Cheshire, related to site preparation for construction of a single family home. Today’s Order requires site assessment and restoration as well as filing and obtaining approval prior to any future activity at the site, which may alter or impact resource areas at the site. The owner alleged to having met with the Conservation Commission and obtaining verbal approval for activities, although the Conservation Commission issued an enforcement order following commencement of activities.
2/29/08: MassDEP’s Environmental Strike Force investigated and developed a case that resulted in a Berkshire Grand Jury indictment of John Duquette, a Florida (Massachusetts) resident in connection with the alleged illegal dumping of waste in a North Adams sewer line, and the alleged assault of a former employee. Duquette was charged with illegal disposal of sewage, assault and battery, and Intimidation of a witness. Duquette is the owner of Berkshire County Construction in North Adams. The matter came to the attention of authorities in late 2007 when two former employees of Duquette contacted the North Adams Police Department concerning the company’s practice of illegally dumping septic waste. North Adams officials notified the state’s Attorney General, whose office alerted the Strike Force. The subsequent investigation found that allegedly after emptying the septic system at a home or business, the employees were instructed by Duquette to attach the sewer hose on the company truck to a coupling attached to a manhole cover on the company’s property. The employees also claim that the contents of the truck would then be discharged into the North Adams sewer system. Duquette allegedly threatened an employee to never to say anything about the operation and also physically assaulted the employee. Authorities claim that Duquette was responsible for illegally dumping thousands of gallons of septic waste into the North Adams sewer system. During the course of the investigation, Strike Force investigators determined that neither Duquette nor his company had the proper permit to empty septic waste into the manhole located on the property of Berkshire County Construction. A trial date has not yet been set.
2/8/08: MassDEP executed a Consent Order with Francis Waterman for Wetlands violations in Cheshire. MassDEP found that Waterman had begun the construction of an agricultural access road within a resource area without a permit (Final Order of Conditions). MassDEP learned of the road in processing an appeal of a local permit (Order of Conditions). Today’s Order requires the restoration of less than 5,000 square feet of the impacted wetlands, and addresses the “agricultural crossing” previously created in conjunction with the construction of the new subdivision road.