North Adams - LaValley Oil fined in fuel spill

LaValley Oil Co. has been fined $10,356 in connection with a June 16 diesel fuel spill at its facility, according to the state Department of Environmental Protection. The fuel dealer is being held responsible for the incident, in which about 50 gallons of diesel fuel spilled at its bulk storage facility on Hodges Cross Road, according to the DEP.

The incident was the result of a failed seal on a transfer pump. LaValley took immediate steps to clean the spill. The spill was contained within an earthen dike that encircles petroleum tanks at the facility. LaValley was gined for failing to correctly notify the DEP of the spill. The DEP must be notified of such spills within two hours of the time that a facility finds that a spill has exceeded 10 gallons of diesel fuel. Besides the fine, LaValley has agreed to retrain its employees to properly handle spills of hazardous materials.

4/18/06: MassDEP entered into a Consent Order with a $1,000 Penalty involving Ho-Ro Trucking Company, Inc. for Waste Site Cleanup violations in Sheffield. The trucking company - based in Avenel, New Jersey – had failed to submit documentation of site cleanup involving a 10/10/05 release of diesel fuel. A tractor-trailer truck operated by Ho-Ro Trucking was involved in an accident on Route 7, in Sheffield where an estimated 50 gallons of diesel fuel and motor oil was released to the roadway and soil adjacent to the roadway. MassDEP was notified by the Mass State Police within two hours of the release and initiated cleanup of the release immediately in lieu of Ho-Ro Trucking. Although Ho-Ro Trucking agreed to assume responsibility for completing the cleanup, but failed to submit follow-up documentation. In response to MassDEP's, initiating enforcement action, Ho-Ro Trucking has now submitted all required reports documenting cleanup of the release and agreed to the Penalty.

1/24/06: MassDEP entered into a Consent Order with 1896 House Restaurant of Williamstown for Water Supply violations. The Restaurant serves as a transient non-community public water system requiring them to either install filtration and disinfection treatment or sample for microscopic particulate analysis (MPA).

Holland to pay to close landfill

By Christopher Marcisz, Berkshire Eagle Staff, Berkshire Eagle
Saturday, January 14, 2006

ADAMS — The state Department of Environmental Protection has ordered an Adams-based manufacturer of alum to use the waste clay product it was storing in North Adams without a permit to help close a New Ashford landfill.

The Holland Co. of Howland Avenue has until September to come up with a plan to use residual clay to complete the long-delayed closing of the inactive landfill, which is just off Ingraham Road in New Ashford.

"They had solid-waste violations, and to ameliorate that, they were able to help the town next door," DEP spokeswoman Elizabeth Stinehart said. "It is a win-win." <more>

Berkshire Paper Manufacturer Fined $5,750 for Wastewater Discharge Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $5,750 fine against Crane & Company Inc. of Dalton for noncompliance with state regulations governing the discharge of industrial wastewater. Crane operates several paper mills in the Berkshire area. The discharge, which occurred on December 28, 2004, involved the unintentional release of process water through a floor drain to the Housatonic River. Crane responded to the release by notifying MassDEP within 24 hours and sealing the floor drain. In addition to paying the fine, Crane will also evaluate its facility and the piping system for signs of corrosion and failure, and make the appropriate repairs as necessary. Crane cooperated with MassDEP in resolving the issues by entering into a negotiated settlement.

12/28/05: MassDEP entered into a Consent Order with a $15,000 Penalty regarding LD Builders, LLC, of Dalton, to address Solid Waste and Water Supply violations during the development of property on Pine Cone Lane in Hinsdale. DEP discovered the violations during construction of the residential property known locally as Ashmere Landings. Wood waste and other construction waste had been buried on the property. A public water supply to a community building was also established without approval. In addition to paying a $15,000 penalty, LD Builders severed the water supply, and is required to excavate the solid wastes and appropriately dispose of them.

12/28/05: MassDEP entered into a Consent Order with a $5,460 Penalty regarding the John Dewey Academy of Great Barrington for Air Quality violations. The Academy conducted a large bonfire, which included some inappropriate material, without an approval of the Fire Department. MassDEP agreed to suspend $4,460 of the Penalty provided all terms of the Order are met.

12/19/05: MassDEP entered into a Consent Order with Berkshire Botanical Garden of Stockbridge for Water Supply violations. The Garden operated as an unregistered public water system and has agreed to implement compliance activities until the facility can be connected to a registered community system. MassDEP coordinated with the Stockbridge Public Water Supply during inspections and in order to prepare the Garden's schedule for connection.

11/29/05: MassDEP entered into an ACO with Ms. Joan Boilbeaux, who owns property at 43 State Road, Great Barrington. This property became a site in 1993 as a result of leaking gasoline USTs. MassDEP had issued an NON in March 2005 for failure to submit a Tier II Extension Request, Phase II, III, IV Reports or an RAO in a timely manner. In response to the NON, the attorney for Boilbeaux requested an extension of time to submit the Tier II Extension Request, which was granted. While the Tier II Extension Request was submitted and approved, none of the other documents have been submitted. The ACO establishes a deadline of December 20, 2005 for submission of the Phase II and Phase III reports, or an RAO, and February 20, 2006 for the submission of the Phase IV or RAO. The ACO includes stipulated penalties should the ACO be violatedWal-Mart Stores, Inc. To Pay $46,308 Penalty For Hazardous Waste Violations Found At 10 Massachusetts Stores

11/18/05: MassDEP issued a Notice of Noncompliance to each of the following transient public water systems for violations of the MCL for total coliform during October: Olde Willow Motor Inn & Restaurant (Charlemont), Guilder Hills Water System (Egremont), Villa Rose Restaurant (Ludlow), Granby Town Offices, Aldrich Hall, Chateau Harmony (all of Granby), and Rudolph Steiner School (Great Barrington). These systems sampled during the period of heavy rains. DEP is continuing on its follow-up efforts with these systems.

11/17/05: MassDEP entered into an ACOP with the Holland Company of Adams, an alum manufacturer, to address solid waste, groundwater, surface water, wetland, and air pollution control violations. In addition to paying a $1,000 penalty, Holland Company has agreed to develop and implement short- and long-term plans and measures to control and prevent further stormwater discharges, conduct a detailed site investigation, including groundwater monitoring, develop and implement short- and long-term plans and measures to control and prevent spills; and properly manage residuals. The Company will also develop and implement an EMS, and contribute, as an SEP, approximately $90,000 in services and materials towards the closure of the Town of New Ashford landfill.

11/10/05: MassDEP concluded an agreement with Simon’s Rock Early College, Great Barrington, concerning its public water distribution system and storage facility modifications without prior approval and permits from MassDEP. The PWS relied upon a professional engineer’s certification that all permits, regulations and laws were met. The ACOP requires the College to obtain the permits now and correct deficiencies identified during the recent inspection. A penalty of $3,300 was assessed with $1,650 suspended.

10/20/05: MassDEP entered into an administrative consent order with Jim Galusha Contracting, Inc. of Williamstown to address asbestos handling violations at a Williamstown demolition site. The violations were discovered by an inspector from the Pittsfield office of the Massachusetts DOS. The inspector notified MassDEP that he had observed Galusha Contracting demolishing a house on New Ashford Road in Williamstown. The DOS inspector issued a Cease & Desist Order at the time of his inspection. A review of MassDEP records combined with a follow-up inspection by MassDEP revealed that asbestos had not been removed from the house prior to the demolition operation and was now co-mingled with the demolished house. After developing a work plan that included air monitoring by a licensed consultant to ensure that no asbestos emissions would be released to the ambient air, Galusha Contracting, along with its asbestos sub-contractor, was allowed to complete the demolition. The site remained covered by tarps until the clean up was completed and the demolished house, in its entirety, was disposed of as asbestos waste. In addition to paying a $4,500 penalty, $20,900 was suspended pending the Company’s compliance with the consent order and the asbestos handling regulations.

9/21/05: MassDEP has issued an Order and documented a water emergency at the Berkshire School in Sheffield, a private residential school that DEP regulates as a Community Public Water System. The emergency resulted from severe degradation (sediment and color) in water quality making the School’s primary supply source unusable. The Order allows the temporary use of an emergency source.

9/21/05: MassDEP issued a demand for suspended penalties to LD Builders of Dalton in the amount of $10,000 following an inspection of the site that revealed the discharge of sediment to protected resource areas. The $10,000 represented the portion of the penalty previously suspended by MassDEP in a Settlement Agreement. LD Builders had previously paid $5,000 and performed a SEP.

9/8/05: David Rothstein of Great Barrington, the former owner of the Stagecoach Hill Inn, in Sheffield, pleaded guilty to violating the Massachusetts Clean Air Act for allegedly removing asbestos containing material in a manner, which caused or aided in air pollution. Rothstein pleaded guilty in Southern Berkshire District Court to two counts of violating the Massachusetts Clean Air Act as well as one count of violating the Labor and Industries Act. Judge James B. McElroy fined Rothstein $5,000. The charges result from Rothstein’s alleged removal of asbestos from the Stagecoach Hill Inn in Sheffield. On November 13, 2002, Rothstein directed an employee to remove asbestos pipe insulation from the basement of the Inn. The Inn was operational at the time and the Inn’s tavern was open for business. A tenant of the Inn contacted the DEP when he observed the employee ripping down asbestos without taking any protective measures. An investigation by the Environmental Crimes Strike Force revealed that the insulation removed from the basement of the Inn contained asbestos. When investigators spoke with the employee responsible for removing the asbestos, the employee informed them that he was never made aware that he was dealing with asbestos containing material. Additionally, the employee indicated that he was not provided the personal protective equipment that is required of asbestos abatement workers to protect them from exposure to asbestos fibers.

8/26/05: O’Connell Oil Assoc., owner of commercial property at 545 Merrill Road in Pittsfield, has agreed to submit a Phase IV Final Inspection Report, a Phase IV Completion Statement and RAO by December 30, 2005. O’Connell has been performing response actions at the site but had failed to submit the documents by an established interim deadline of July 1, 2005.

8/22/05: MassDEP concluded an amendment to an ACO with the View Drive Community community Public Water Supply in Richmond to provide additional time for corrosion control installation, lead and copper sampling, and storage tank work.

8/9/05: MassDEP executed an agreement with the Berkshire Medical Center in Pittsfield to address hazardous waste violations (acting out of status). The facility has agreed to correct the violations, pay a $970 penalty and $1,575 in annual compliance fees.

8/1/05: MassDEP issued a PAN in the amount of $2,610 to Richard J. DeMyer, a Title 5 System Inspector from New Ashford, for failing to report on three separate instances dating back to July 2004, the results to the Local Board(s) of Health. In April 2005, MassDEP issued notices of non-compliance to Mr. DeMyer establishing a date by which the inspection reports were to be sent to the Department. Mr. DeMyer did not send the inspections reports into MassDEP as required. So, MassDEP also issued a UAO requiring the submittal of the reports to the Department.