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The Regulators: MassDEP enforcement notes

The following are state Department of Environmental Protection consent orders and penalty assessments in western Massachusetts during December, the most recent month for which reports are available.

HAZARDOUS WASTE REGULATIONS CONSENT ORDER, DEC. 4, NORTHAMPTON: Entered into a consent order with an $8,000 penalty involving Cooley Dickinson Hospital in Northampton to address noncompliance with the commonwealth’s hazardous waste management regulations. MassDEP conducted an inspection at the hospital and revealed that it did not determine the hazards of its hazardous wastes (pharmaceutical/medical wastes), and offered these hazardous pharmaceutical wastes to a transporter that was not licensed by MassDEP to transport hazardous wastes. The inspection also revealed hazardous waste labeling violations. The hospital, which cooperated with MassDEP during the investigation, initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection. As part of the consent order, the hospital has agreed to pay a $6,000 penalty. The remaining $2,000 is suspended pending the hospital’s compliance with the terms of the agreement.

ASBESTOS VIOLATIONS CONSENT ORDER, DEC. 4, WILLIAMSBURG: Entered into a consent order with $27,379 penalty involving Alan Bernhardt and Sallie Swartz for asbestos violations in Williamsburg. Following a complaint, MassDEP determined that Mr. Bernhardt and Ms. Swartz had hired an individual to remove a section of asbestos pipe insulation from a residential rental property they owned, without filing an asbestos notification, and without instituting the proper asbestos handling and disposal procedures. Bernhardt and Swartz cooperated with MassDEP and retained a Massachusetts-licensed asbestos contractor to clean up this property. Bernhardt and Swartz agreed to pay $9,000 of the penalty and MassDEP agreed that the remaining $18,379 is suspended provided that Bernhardt and Swartz comply with the terms of the order, and remain in compliance with the state asbestos handling regulations for a one-year period.

WATER SUPPLY VIOLATIONS CONSENT ORDER, DEC. 2, GRANBY: Entered into a consent order with Martidis Pizza Inc. for water supply violations in Granby, concerning multiple instances of the maximum contaminant level for total coliform bacteria occurring at its public water system. This order addresses response actions should another violation occur within the 12 months. The public water system has chosen to install ultraviolet light disinfection to prevent future problems.

WATER SUPPLY VIOLATIONS CONSENT ORDER, DEC. 30, SOUTHWICK: Entered into a consent order with a $1,720 penalty involving the Olde Farm Golf Club LLC for water supply violations in Southwick. They included multiple violations of public notification, sanitary survey and monitoring requirements for its public water system at The Ranch Golf Club in Southwick. The club will pay $1,000 of the penalty with $720 suspended pending compliance with the provisions of the order.

WATER SUPPLY VIOLATIONS CONSENT ORDER, DEC. 23, orange: Entered into a consent order with the town of Orange Water Commissioners for water supply violations. MassDEP concluded the order with the water commissioners concerning multiple incidents in which the maximum contaminant level for total coliform bacteria occurred within this community public water system. The order addresses response actions should multiple detections occur within the next 12 months.

WATER SUPPLY VIOLATIONS CONSENT ORDER, DEC. 19, LANESBOROUGH: Entered into an amended consent order with Donnybrook Inc. of Lanesborough relative to water supply compliance issues, regarding the activation date of a disinfection system to correct/address detections of total coliform bacteria.

Wetlands VIOLATION CONSENT ORDER, DEC. 19, ASHFIELD: Entered into a consent order with the Massachusetts Department of Transportation (DOT) to address a wetlands violation in Ashfield. MassDOT’s District 1 Maintenance Division altered the bordering vegetated wetlands area by either depositing street sweeping materials and/or through the operation of equipment in the wetland and associated stream area. In addition to agreeing to the removal and future disposal of the street sweepings properly, MassDOT will also restore the impacted resource areas.

Wastewater treatment VIOLATIONs CONSENT ORDER, DEC. 19, WHATELY: Entered into a consent order with a $4,730 penalty involving Chang Farms for wastewater treatment violations in Whately, to address noncompliance at its wastewater treatment facility which MassDEP discovered during an inspection. Deficiencies included an operation and maintenance manual that was not in compliance with the regulations; a failure to submit a staffing plan; a lack of an assistant chief operator; and the failure to submit alarm reports as well as other deficiencies. In addition to addressing these deficiencies, Chang Farms agreed to pay $3,000 of the penalty with the remaining $1,730 suspended provided the facility comply with the terms of the order.

WATER SUPPLY VIOLATIONS UNILATERAL ORDERS, DEC. 12, BELCHERTOWN: Issued two unilateral orders to Aquarius Water Co. Inc. for water supply violations in Belchertown. The first order to Aquarius regarded its failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for the Sportshaven Mobile Home Park, a community public water system. This order requires completion and submission of the ASR. MassDEP also issued a second unilateral order to Aquarius regarding its failure to distribute its 2012 Consumer Confidence Report to its consumers and submit the CCR documentation to MassDEP for the Sportshaven Mobile Home Park. This order requires completion of the CCR and submission of the proper documentation to MassDEP.

WATER SUPPLY VIOLATIONS UNILATERAL ORDER, DEC. 12, BRIMFIELD: Issued a unilateral order to Lester Twarowski for water supply violations in Brimfield, regarding his failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for Village Green Campground, a transient non-community public water system. The order requires completion and submission of the ASR for the Village Green Campground.

WATER SUPPLY VIOLATIONS UNILATERAL ORDER, DEC. 12, GILL: Issued a unilateral order to the town of Gill regarding its failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for Gill Elementary School, a non-transient non-community public water system. The order requires completion and submission of the ASR for the Gill Elementary School.

WATER SUPPLY VIOLATIONS UNILATERAL ORDER, DEC. 12, BRIMFIELD: Issued a unilateral order to Joseph Collins for water supply violations in Brimfield regarding his failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for Collins Apple Barn, a transient non-community public water system. The order requires completion and submission of the ASR for the Collins Apple Barn.

WATER SUPPLY VIOLATIONS UNILATERAL ORDER, DEC. 12, HINSDALE: Issued a unilateral order to the Aquarius Water Co. Inc. for water supply violations in Hinsdale regarding its failure to complete and submit a 2012 Annual Statistical Report (ASR) to MassDEP for its Ashmere Water Service, a community public water system. The order requires completion and submission of the ASR.

Water supply VIOLATIONs CONSENT ORDER, DEC. 9, OTIS: Entered into a consent order with Laurel Ridge Camping Area Inc. for water supply violations in Otis. The order concerned multiple instances in which the maximum contaminant level for total coliform bacteria occurred at its Laurel Ridge Camping Area public water system. This order addresses response actions should another violation occur within the next 12 months.

Wetlands VIOLATION CONSENT ORDER, DEC. 3, BONDSVILLE: Entered into a Consent Order with a $3,250 penalty involving Thomas Roberts for wetlands violations in Bondsville (Palmer). MassDEP determined that Roberts cleared 3,050 square feet of riverfront area and 3,025 square feet of bordering vegetated wetlands at his farm. In addition to the restoration of the impacted areas, Roberts agreed to pay the $1,000 of the penalty and $2,250 is suspended provided Roberts completes the restoration and has no future violations of the Wetlands Protection Act.

Air Quality, industrial wastewater and hazardous waste management VIOLATIONS CONSENT ORDER, Nov. 6, Springfield: Entered into a consent order with an $8,000 penalty involving ApMar USA Inc. for air quality, industrial wastewater and hazardous waste management violations in Springfield. During a routine inspection of ApMar’s facility, MassDEP observed violations of the applicable regulations. The violations included failure to conduct efficiency testing of its boilers, not submitting an air quality source registration, storing hazardous waste in excess of allowable time, not conducting hazardous waste training for its employees, not having a complete emergency contingency plan and not complying with conditions of its sewer discharge permit. In addition to agreeing to payment of $6,000 of the penalty for the violations, the company agreed to implement an Environmental Management System, correct the violations and take steps to prevent any reoccurrence of the violations in the future. As part of the agreement, MassDEP has agreed to suspend $2,000 of the penalty pending the company’s compliance with the order.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Nov. 6, Gill: Entered into a consent order with B & G Golf Associates LLC for water supply violations in Gill. MassDEP found that Oak Ridge Golf Club exceeded the maximum contaminant level for total coliform bacteria on multiple occasions for its public water system in Gill. The order addresses response actions should another violation occur within the next 12 months.

ASBESTOS VIOLATIONS CONSENT ORDER, Nov. 4, Pittsfield: Entered into a consent order with a $24,400 penalty involving MJ Environmental for asbestos violations in Pittsfield. The violations were discovered during MassDEP’s inspection of asbestos abatement work that had been conducted on a vacant building located in Pittsfield. During the inspection, MassDEP found that MJ had removed asbestos transite siding from the building without instituting the proper asbestos handling procedures. Under the terms of the order, MJ will pay $10,000 with the remaining $14,400 suspended provided that the company complies with the terms of the order and remains in compliance with the state asbestos handling regulations for two years.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Nov. 4, Great Barrington: Entered into a consent order with UAHC Eisner Camp Institute for water supply violations in Great Barrington. The camp exceeded on multiple occasions the maximum contaminant level for total coliform bacteria for its public water system in Great Barrington. The order addresses response actions should another violation occur within the next 12 months and before the camp connects to the Great Barrington Fire District system.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 30, Stockbridge: Entered into a consent order with the Berkshire Theatre Festival Inc. for water supply violations in Stockbridge. The violations concerned multiple incidents in which elevated levels above the maximum contaminant level for total coliform bacteria at this, a public water system at the Lavan Center in Stockbridge. The order includes response actions including disinfection in the event that another incident of elevated bacteria occurs within the next 12 months.

WAste site cleanup violations CONSENT ORDER, Oct. 29, Chicopee: Entered into a consent order with a $5,000 penalty involving MEG Realty LLC, for waste site cleanup violations in Chicopee. Specifically, the company failed to comply with a notice of noncompliance requiring the remediation of oil contamination. A release of heating oil was discovered at an off-site location. The source of the release was determined to be a former underground storage tank located at the site. The company was issued a notice of responsibility for remediation of the release but failed to respond to that notice or the subsequent notice of noncompliance that required certain response actions to address the oil contamination. The order requires MEG Realty LLC to pay a penalty of $5,000 and complete response actions to remediate the oil contamination.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 28, Holland: Entered into a consent order with Dentamaro Inc. for water supply violations in Holland. Specifically the violations regarded the elevated level of nitrate that exceeded the maximum contaminant level at Diane’s Villa Nova, a public water system located in Holland. The order addresses the required actions that need to be taken relative to monitoring and corrective steps.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 28, Great Barrington: Entered into a consent order with the American Institute for Economic Research for water supply violations in Great Barrington. Specifically, the violations concerned elevated levels of total coliform bacteria that exceeded the maximum contaminant level for total coliform bacteria for its public water system at the AIER facility. The order includes response actions including disinfection should another violation occur within the next 12 months.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 28, Otis: Entered into a consent order with Camp Overflow LLC for water supply violations in Otis. Specifically, the violations concerned elevated levels of total coliform bacteria, and the detection of e coli bacteria within its public water system at Camp Overflow. The order includes certain required response actions that must be addressed prior to the start of the 2014 season including chlorine disinfection.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 28, Hinsdale: Entered into a Consent Order with Wahnee Taconic Berkshire Associates Inc. for water supply violations in Hinsdale. Specifically, the violations concerned the repeated elevated levels of total coliform bacteria within its public water system at Camp Taconic. The order includes response actions including disinfection should another violation occur within the next 12 months.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 28, Becket: Entered into a consent order with Bonny Rigg Camp Club Inc. for water supply violations in Becket. Specifically, the violations concerned the repeated elevated levels of total coliform bacteria that exceeded the maximum contaminant level within its public water system at Bonny Rigg Camping Club. The order includes response actions including disinfection should another violation occur within the next 12 months.

WETLANDS VIOLATIONS CONSENT ORDER, Oct. 28, Southwick: Entered into a consent order with a $4,335 penalty involving First Tee LLC, for wetlands violations in Southwick. First Tee LLC has agreed to address violations at the Tekoa Country Club golf course. First Tee had removed sediment from a stream and stockpiled it in a bordering vegetated wetlands resulting in impacts to less than 2,500 square feet. The order provides for the restoration of the bordering vegetated wetlands and payment of $1,000 in penalty with an additional $3,335 penalty suspended, pending compliance with the restoration requirements.

WETLANDS VIOLATIONS CONSENT ORDER, Oct. 16, Wales: Entered into a consent order with a $500 penalty involving Arthur King for wetlands violations in Wales. King allowed for unpermitted construction of a retaining wall at his property on Lake George, a Great Pond. In addition to the penalty, the order will result in the removal of the unpermitted structure, restoration of the bank, removal of associated fill in the floodplain and revegetation of the site with native vegetation.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 8, Becket: Entered into a consent order with the town of Becket-Becket Arts Center for water supply violations involving multiple instances of elevated levels of total coliform bacteria that exceeded the maximum contaminant level within its public water system. The seasonal facility will install a disinfection system and provide two clean rounds of bacteria samples prior to re-opening in the spring of 2104.

WATER SUPPLY VIOLATIONS CONSENT ORDER, Oct. 7, Richmond: Entered into a consent order with the Boys and Girls Club of Pittsfield for water supply violations in Richmond. The Boys and Girls Club of Pittsfield, which serves as a public water supply, had multiple occurrences involving elevated levels of total coliform bacteria that exceeded the maximum contaminant level within its public water system at Camp Russell in Richmond. The exceeded level in late August 2013, at or just after the end of the season, included high counts of total coliform and one count of e coli bacteria. The order included response actions including disinfection prior to the 2014 season or activation of a new source and public notice requirements.

hazardous waste management and industrial wastewater VIOLATIONS CONSENT ORDER, Oct. 4, Ludlow: Entered into a consent order with a $2,000 penalty involving Massachusetts Municipal Wholesale Electric Co. for hazardous waste management and industrial wastewater violations in Ludlow. During a routine inspection of MMWEC’s facility, MassDEP observed violations, which included exceeding the allowable hazardous waste storage time, failure to document weekly hazardous waste storage inspections and discharging industrial wastewater to the sewer system without obtaining a permit. In addition to agreeing to the $2,000 penalty, MMWEC will obtain a sewer user permit, correct the violations and take steps to prevent a recurrence of the violations in the future

■ WATER SUPPLY COMPLIANCE, Sept. 18, Agawam: Entered into a consent order with the town of Agawam for water supply compliance concerning the elevated levels of the maximum contaminant level for Halo Acetic Acids (HAA5s) within the town’s public water system. The order includes a period of time to work cooperatively with its wholesale public water system (Springfield Water and Sewer Commission) to lower HAA5s. If that is not successful, Agawam must submit a report of options and a corrective action schedule. Approved corrective actions and the schedule would be incorporated into an amended order.

■ WATER SUPPLY VIOLATIONS, Sept. 18, Buckland: Entered into a consent order with the town of Buckland for water supply violations concerning excessive water use at its Buckland Recreational Facility public water system. The order includes a required report on the causes, corrective actions and, if necessary, submission of a permit for and completion of a replacement source to meet the facility’s needs.

■ SOLID WASTE VIOLATIONS, Sept. 13, Hampden: Issued a $1,032 penalty assessment notice to McNamara Waste Services LLC for solid waste violations in Hampden. McNamara Waste Services was found mixing presorted recyclables with waste on a curbside residential route in Hampden. McNamara had received a prior notice of noncompliance for delivery of banned materials to the South Hadley landfill for disposal, and had also been identified in the landfill’s own self-reporting as having delivered “failed” loads on multiple occasions.

■ WETLANDS VIOLATIONS, Sept. 10, Chicopee: Entered into a consent order with a $14,000 penalty involving CMS Realty Trust for wetlands violations in Chicopee. Under the terms of the order, CMS Realty Trust is required to address/correct the unpermitted alteration of 11,560 square feet of riverfront area, and a total of 6,941 square feet of bordering land subject to flooding at its property. In addition to this restoration of the site, the order includes a payment of $2,500 of the penalty. The remaining $12,500 is suspended contingent upon compliance with the restoration requirements.

■ WATER SUPPLY VIOLATIONS, Sept. 10, Wilbraham: Entered into a consent order with a $5,750 penalty involving the town of Wilbraham for water supply violations. Violations concerned the operation status of two pump stations the town uses that lacked backup power. Also, the Water Department’s failed to respond and report a drinking water emergency as required and failed to provide notice of changes among its certified operators. The order includes the required updates to the Water Department’s emergency plan and related training and installation of backup power generation at two pump stations. The entire penalty of $5,750 will be suspended pending compliance with the order.

■ WATER SUPPLY VIOLATIONS, Sept. 3, Granville: Entered into a consent order with the Prospect Mountain Campground Inc. for water supply violations in Granville. Prospect Mountain Campground Inc., a public water system, was found to have exceeded the maximum contaminant level for total coliform bacteria. The order includes response action requirements including disinfection should another violation occur within the next 12 months.

■ WATER SUPPLY VIOLATIONS, Sept. 3, Charlemont: Entered into a consent order with Cold River Inc. for water supply violations in Charlemont. The order requires Cold River, a public water system, to address activities at adjoining properties such that noncompliance with drinking water regulations arose. The order will result in a compliant transient public water system being constructed to replace some previous activities and a private well which had served fewer than 13 bedrooms.

■ WETLANDS VIOLATIONS, Sept. 3, Chicopee: Entered into a consent order with a $14,000 penalty involving the Ted Ondrick Co. LLC, for wetlands violations in Chicopee. The company has agreed to resolve a violation of the Wetlands Protection Act resulting from the placement of soils, reclaimed asphalt and other materials stored for the business in 59,379 square feet of bordering land subject to flooding without an order of conditions. In addition to the penalty, Ondrick shall remove the materials to restore the lost flood compensation storage, stabilize and survey the site.

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