DUMPING BEHIND FEDERAL ARCHIVES

BEAT has discovered what appears to be an illegal dump behind the Federal Archives off of Dan Fox Drive in Pittsfield. A hunter stumbled upon this illegal dump site and reported it to BEAT. We turned it in. Since the site abuts a wetland and seems to pose a threat to that wetland we reported it to the Pittsfield Conservation Commission, but that agency failed to take any regulatory action. We passed the information on to the Massachusetts Department of Environmental Protection and got a much more satisfactory response. After visiting the site, their field person called us back to report that the site is "massive". We agree.

In June, 2003, approximately a year after our original complaint to regulatory agencies, there is some movement on this issue. DEP informed us that the matter had been referred to the Regional Enforcement Review Committee. Their contact with the Pittsfield Conservation Commission may also have prompted some local regulatory action. At the June 5 meeting of the Pittsfield Conservation Commission the site came up for discussion. The owner of the site had previously presented an action plan to the Commission but, according to the Commission, had failed to take any steps to implement that plan.

Commission Chairperson Michael Makes to Pittsfield Conservation Agent Caleb Mitchell: "We've already issued one Enforcement Order?"

Agent Mitchell: "We never issued an Enforcement Order because they took action immediately to prevent any further damage and they submitted a plan of action."

The Commission voted to issue an Enforcement Order.

On June 26, BEAT filed a Freedom of Information Act request with the Massachusetts Department of Environmental Protection (DEP) for any enforcement orders issued by the Pittsfield Conservation Commission regarding this property. DEP responded with copies of enforcement orders issued by the Pittsfield Conservation Commission. None related to this property. BEAT will follow up with DEP and the Pittsfield Conservation Commission.

On October 6, 2003, BEAT called the Springfield DEP to get an update. According to DEP, the Wetlands Division of DEP issued a Unilateral Administrative Order to the co-owners of the site. One owner appears to be trying to comply with the Order by putting in haybales and silt fencing to prevent further erosion into the wetlands below the site. The other owner is appealing the Order. As of October 6, the Solid Waste Division of DEP was about to issue an enforcement order of some type.

October 21, 2003, BEAT requested and has received two documents from DEP's Sr. Counsel, Litigation Unit: a copy of DEP's Enforcement Order and Unilateral Administrative Order, and a copy of Berkshire Land Development Corp.'s Notice of Claim for an adjudicatory hearing.

The EO & UAO issued by the Wetlands Division of DEP states that the "fill placed to the west of the Archives Building is not adequately stable and has resulted in sediment deposition in the Bordering Vegetated Wetland to the west."

The Notice of Claim, sent to DEP from Berkshire Land Development Corp. says that, "The Pittsfield Conservation Commission determined that a certain area upgradient of the 125-foot line shown on an approved plan dated February 24, 1998, signed by James P. Scalise, was not within any buffer zone or resource area." It goes on to say that, "The aforementioned 125-foot line was staked and marked with flags and paint in the field. In addition, haybales were placed along the 125-foot line." And, "Petricca Construction Company was permitted by another to deposit fill within the area upgradient of the 125-foot marked line."

BEAT will be looking into this - but immediately we see several problems. The fill that was placed behind the Archives Building appears to be illegal fill. Only clean fill, less than six inches in diameter would have been allowed. Not only are there large pieces of cement, but also asphalt, and what appears to be railroad ties, and other "un-clean" fill. Much of it looks like debris from road deconstruction.

Also, the slope from the fenced area down to the wetland is extremely steep and eroding badly. Runoff has carried silt and mud into the wetland. The slope is so steep it would be very hard to stabilize soil with vegetation to stop the erosion. The silt fence and haybales recently installed may be protecting the wetland from further damage at the moment, but how long will that last? Also, the damage already done to the wetland must be remediated.