Enforcement Actions - 2017
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Enforcement Actions - 2017 December 2017 12/28/17: MassDEP entered into a Consent Order with the town of Blandford to address Water Supply compliance issues in Blandford Under today’s Order, Blandford Water Commissioners agreed to compliance with sanitary survey requirements, corrosion- control treatment requirements as well as operational requirements. 12/26/17: MassDEP issued a Unilateral Boil Water Order to Andrews Farm Water Company for Water Supply violations in Boxford. Andrews Farm is a community public water system that serves 145 Boxford residents. On the evening of 12/23/17, there was a power outage that prevented water from being pumped from the storage tank into the water distribution system. As a result, the system lost pressure, which creates a risk of bacterial contamination. The water system notified its residents on the morning of 12/24/17 to boil the tap water before consumption. MassDEP formalized the requirement for this public notice in the Unilateral Order which also required the water system to inform town officials of the emergency, conduct coliform bacteria monitoring, and submit an Emergency Response Report within 30 days. 12/26/17: MassDEP entered into a Consent Order with an $11,150 Penalty involving K&W Materials and Recycling LLC for operational violations in West Springfield. K&W failed to meet operational setbacks contained in their permit and for installing processing equipment without getting the required permit. As part of the settlement agreement, K&W committed to complying with the operational setbacks, obtaining the requisite permit, and paying a penalty of $2,500. An additional $9,650 was suspended pending compliance. 12/20/17: MassDEP entered into a Consent Order with Stephen Gold, Trustee of New Resource Development Company (Boxborough Executive Office Center), for Water Supply violations in Boxborough. New Resource Development Company has agreed to establish an enforceable schedule to address violations of the drinking water regulations related to the Lead and Copper Rule. The company operates a non-transient non- community public water system that serves a population of approximately 25 persons per day. This public water system has exceeded the action levels for lead and copper on numerous occasions since 2011 and subsequently failed to submit a corrosion- control treatment proposal, conduct additional monitoring requirements, conduct public This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep education, and consumer notification requirements within required timelines. The public water system well has excessive levels of sodium (1,295 mg/L) and chloride (1,500 mg/L) above the guideline of 20 mg/L and the MCL of 250 mg/L, respectively. These high levels are likely contributing to the corrosiveness of the drinking water. The high levels in the well are linked to a nearby MassDOT salt storage shed and the facility is working with MassDOT under the Salt Remediation Program. Today’s Order allows the water system additional time to come into full compliance with the Lead and Copper Rule while MassDOT resolves the sodium chloride contamination in the facility’s well. The water system is required to provided bottled water, continue to conduct lead and copper monitoring, and continue to implement the public education program based upon the lead and copper sampling results. After the sodium chloride is remediated, the water system will be required to come into full compliance with the Lead and Copper Rule. 12/20/17: MassDEP entered into a Consent Order with the town of Maynard for Water Pollution Control violations in Maynard. Today’s agreement is a second amendment to an existing Consent Order with Maynard. The original Order executed on 2/6/17 which required Maynard to conduct a comprehensive evaluation of the chlorination/de- chlorination system and backup power supply and develop a corrective action plan and schedule for implementation. The amendment establishes an enforceable schedule in which Maynard will implement the corrective actions to ensure compliance with its NPDES (National Pollutant Discharge Elimination System) permit and improve water quality of the Assabet River. 12/19/17: MassDEP entered into a Consent Order with a $4,000 Penalty involving Baystate Contracting Services, Inc., for Asbestos violations in Holyoke. Baystate Contracting Services, Inc. is an asbestos abatement company in Springfield that was retained to remove a residential building’s thermal-system insulation from boiler pipes that contained asbestos-containing material at 1470 Northampton St. in Holyoke. Upon inspection by MassDEP, a worker was observed releasing asbestos containing material from a glove bag operation due improper techniques in violation of existing regulations. 12/19/17: MassDEP entered into a Consent Order with a $9,000 Penalty involving Baystate Home Guard, Inc., for Asbestos violations in Northampton. Baystate Home Guard, Inc. failed to adequately wet asbestos during abatement activities at 1 Prince Street in Northampton. On 4/10/17, MassDEP conducted an unannounced asbestos compliance inspection at the site. Upon arrival, MassDEP inspectors observed asbestos (thermal system insulation) removal in noncompliance with multiple state regulations in the basement fan room. Baystate Home Guard, Inc. agreed to pay the $9,000 penalty as part of the settlement agreement. 12/19/17: MassDEP Commissioner approved a Final Settlement of an appeal that was resolved in the Office of Administrative Dispute Resolutions. The original case was a Unilateral Order and Penalty issued to Gerald and Carrie Ferrindino for Wetlands violations in Hampden. Today’s Settlement includes a $56,720 Penalty with $9,000 paid and $47,720 suspended provided that the approved restoration plan is completed and the owner has no further violations. 12/18/17: MassDEP working with the Massachusetts Attorney General’s Office announced that a joint motion had been filed regarding Dellbrook Construction LLC, A- Best Abatement, Inc., for environmental violations in Lowell and Haverhill with Penalties totaling $215,000. Dellbrook Construction LLC, is a Quincy-based general contractor, and A-Best Abatement, Inc., is a New Hampshire asbestos abatement contractor licensed in Massachusetts. The motion is for the court to approve a consent judgment that was entered in and allowed by Suffolk Superior Court. Specifically, to settle claims that Dellbrook and A-Best - during the demolition and renovation in the residential Mass Mills development in Lowell - violated the state’s clean air laws and regulations by causing or allowing the removal of asbestos-containing material from the basement of a five-story building without properly wetting or sealing the asbestos waste material or properly ventilating work areas or following other work practices required by law to minimize asbestos exposure. Dellbrook and A-Best also stored dry asbestos containing waste material in torn bags in a waster trailer behind the building. The consent judgment also settles claims against Dellbrook for further violations of the state’s clean air laws and regulations during the renovation work in the courtyard of the Mass Mills development in Lowell by removing asbestos-containing materials without first performing a survey or notifying MassDEP. In addition, that removing a known underground asbestos containing cement pipe prior to site development activities caused 150 linear feet of the pipe to be crushed and scattered around in open air during the construction phase at a separate site, Harbor Place, in Haverhill. The consent judgment requires Dellbrook to pay a civil penalty of $140,000 and A-Best to pay $75,000. 12/18/17: MassDEP entered into a Consent Order with a $4,000 Penalty involving Patriot Freightliner-Western Star, LLC, for hazardous waste management violations in Westfield. Patriot Freightliner-Western Star, LLC, which owns and operates a tractor trailer parts and repair facility in Westfield, was found during inspection to be transporting waste oil without a valid license to transport. In addition, several other violations relating to the handling of waste oil at the facility were also identified. The company agreed to pay $1,500 with $2,500 suspended pending the company’s compliance with the terms of the Order. 12/18/17: MassDEP entered into a Consent Order with the city of Fitchburg for Drinking Water violations in Fitchburg. Under today’s Order, the city has agreed to address outstanding deficiencies of the public water system identified through Sanitary Survey inspections. The city operates a public water system that serves a population of approximately 39,100 persons per day. Today’s Order outlines a schedule to repair storage tanks, pump stations, gate houses, meet cross connection requirements, improve security, and add safety features to chemical feed systems. The improvements to the public water system will help to ensure the delivery of safe and fit drinking water to its customers. 12/18/17: MassDEP entered into a Consent Order with a $30,690 Penalty involving Wheelright Water District for Water Supply violations in Hardwick. Wheelright Water District has agreed to address disinfection permit, chemical safety, operator and sanitary survey violations and deficiencies. Today’s Order includes a $16,095 penalty with $14,595 suspended pending compliance with the provisions of today’s Order. 12/14/17: