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THE REGULATORS MassDEP

The following is a selection of state Department of Environmental Protection consent orders for western Massachusetts for January, the most recent month for which reports are available:

• WATER SUPPLY VIOLATIONS, Jan. 25: Entered into a consent order with Berkshire Cooperative Association Inc. for water aupply violations. Berkshire Cooperative Association is the owner of the market and a water vending machine in Great Barrington. The order addresses the registration of this as a public water system (vending machine) at the market. The vending machine had been offline. The requirements going forward include operator oversight, monitoring and cross connection and this public water system will submit the required permit application for this system.

• WATER SUPPLY VIOLATIONS, Jan. 25: Entered into a consent order with the town of Russell for water supply violations in Russell. Under the order, the town will address required actions to upgrade the system as identified during a sanitary survey. Required actions include storage tank cleaning and repair, pump house and filter plant building housekeeping and repairs and an updated staffing plan.

• WETLANDS VIOLATIONS, Jan. 25: Entered in a consent order with a $14,750 penalty involving James Oleksak Jr. for wetlands violations in Russell. Oleksak has agreed to address the unauthorized culvert construction along Old Halbourg Road in Russell. The DEP found clearing of vegetation and placement of fill and culverts within a three mapped streams in violation of the Massachusetts Wetlands Protection Act. This work directly impacted the capacity of Sodom Brook to provide for stream continuity and passage of fish and wildlife. It filled up to 50 feet of banks of the three streams and 900 square feet of riverfront area. The order requires that the Sodom Brook crossing be fully reconstructed compliant with Massachusetts River and Stream Crossing Standards. The other two stream crossings will also be restored.

Oleksak has proposed construction of a fully compliant aluminum arch bottomless culvert at the Sodom Brook crossing.

• WASTEWATER TREATMENT VIOLATIONS, Jan. 18: Entered into a consent order with a $3,390 penalty involving the town of Buckland for Wastewater Treatment Plant violations. The town is the operator of the Shelburne Falls treatment plant. The order addresses failure to submit discharge monitoring reports, staffing reports, pump station reports, annual sewer connection reports and alarm certification reports. Also, a staffing deficiency was present, resulting from the chief operator’s failure to renew his license in a timely manner. Because all deficiencies were addressed, the full penalty is suspended.

• WASTE SITE CLEANUP, Jan. 15: Issued a $33,717 penalty assessment to Pioneer Valley Refrigerated Warehouse Inc. for waste site cleanup violations in Chicopee. As owner and operator of a refrigerated warehouse and distribution company in Chicopee, Pioneer Valley Refrigerated Warehouse was found during a review of records at the facility conducted by MassDEP personnel that the company had failed to notify the DEP of a reportable release of 10 pounds of anhydrous ammonia on Aug. 5, 2008. On Oct. 23, 2012, the DEP issued a request for information ... which the company failed to submit.

• PENALTY APPLIED, Jan. 2: Issued a demand for $900 in stipulated penalties to, Bayview Loan Servicing LLC in Charlemont. Bayview failed to install a water meter, a raw water sample tap and a chemical injection port as were required and detailed in a previously signed consent agreement.

• PENALTY APPLIED, Jan. 2: Issued a demand for $1,265 for a suspended penalty to Camp Anderson Foundation in Shutesbury. Camp Anderson failed to submit copies of its monthly water system inspection logs for July, August and September 2012 as it had been required to submit as specified in a recently signed consent order.

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