Archive of Massachusetts ENvironmental Data

Collection of environmental regulatory data and analysis focused on water policy in Massachusetts

Massachusetts Department of Environmental Protection enforcement action data

Data source

Note: This data source is no longer actively scraped and has been replaced by the enforcement data from the EEA data portal.

MA Department of Environmental Protection enforcement actions were previously reported on HTML pages on the MA DEP website. We previously inferred the value of penalties associated with each enforcement by automated searching of the description string; this results in some errors when e.g. the penalty is extended across multiple years (“fees of $1000 for each of these three years”).

The enforcement actions from this source were last archived on this site on 13 August 2017 10:45 am. Some PDF enforcement log documents are still made available on the EEA website, but only summaries back to 2013 are posted there.

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Overall DEP Enforcement
Overall DEP Enforcement Penalties ($M)

Data table

For brevity, a random sample of 10 rows from the enforcement table is shown below for illustration as to the table’s form and content.

Year Date Description Penalty amount Municipalities
2009 10/1/09 MassDEP issued a $54,937.50 Penalty Assessment Notice to John G. Sabbey for Asbestos violations in Worcester. Sabbey, a Worcester landlord, was issued the Penalty for multiple violations of the Asbestos Regulations observed during an October 2007 inspection. Sabbey was observed improperly removing an asbestos-insulated boiler and pipes from an occupied multi-family rental property he owns in Worcester. Large quantities of dry, friable asbestos insulation were observed uncontained throughout the basement of the building, as well as outside on the ground and in the back of Sabbey’s pick-up truck. Unable to resolve the issues involving the violations, through prolonged negotiations, MassDEP issued today’s Penalty. 54937.5 [‘Worcester’]
2016 1/25/16 MassDEP entered into a Consent Order with a $51,937.50 Penalty involving MLC Worcester LLC for Asbestos violations in Worcester. Violations occurred during renovation of a multi-family residence in Worcester. Under the terms of the settlement, MLC Worcester LLC will pay $10,000 with the remaining $41,937.50 suspended provided the company has no further violations for one year. The violations were initially discovered during a January 2014 inspection by MassDEP staff members who were following up on a complaint of an improper removal. MassDEP found pieces of Asbestos-pipe insulation in a pile of demolition/renovation debris in the yard of the property and also lying uncontained on the basement floor. MassDEP required MLC Worcester LLC to retain a DLS licensed asbestos contractor to properly package and dispose of the pile as asbestos containing waste material and to clean and decontaminate the basement. 51937.5 [‘Worcester’]
2008 5/27/08 MassDEP entered into a Consent Order with a $10,000 Penalty regarding TM Construction Services, LLC of Wilbraham to address noncompliance with asbestos handling regulations at a residential roofing project in Wilbraham. MassDEP initially responded to a complaint of suspect asbestos roofing being removed improperly. Upon inspection, MassDEP found asbestos shingles that were under asphalt shingles that had been removed improperly. TM Construction Services took measures to clean up the site and return to compliance. MassDEP has agreed to suspend $6,000 of the Penalty pending full compliance during a one-year probationary period.5/27/08 10000.0 [‘Wilbraham’]
2008 4/23/08 MassDEP issued a $13,700 Penalty Assessment Notice to Donald Simmons, d/b/a DDS Roofing, regarding an asbestos-removal project conducted at a private residence located in Holliston. In response to a complaint alleging the illegal removal of asbestos-containing materials at the site. MassDEP determined that prior notification of the asbestos removal project had not been provided, as required, and conducted an on-site inspection and verified that asbestos-containing materials were being improperly removed and managed. . 13700.0 [‘Holliston’]
2009 7/8/09 MassDEP executed a Consent Order with NAI Corporation for Waste Site Cleanup violations at 485 Broadway in Revere. MassDEP found that the company failed to submit phase reports, pertaining to the status of how the cleanup was progressing within the deadlines. MassDEP previously issued a notice of noncompliance regarding these missed deadlines on 4/16/09. New deadlines have now been established in order to return this site to compliance with the submittal of phase two and three reports by 12/15/09. In addition, there are stipulated penalties of $1,000 per day per violation for violations of this agreement. 1000.0 [‘Revere’]
2006 1/12/06 MassDEP issued a Unilateral Administrative Order relative to Mahoney Farms, of Sudbury for Wetlands violations. After receiving a complaint, an inspection by MassDEP found that this subdivision site development was producing large quantities of turbid, silty stormwater runoff that was entering an off-site Bordering Vegetated Wetland (BVW) through a culvert under Nobscot Road. The development is permitted under a local Order of Conditions and local by-law. However, the local officials had issued an Enforcement Notice for violations of the local by-law permit conditions that did not result in a sufficient timely response to correct the violations. Today’s Order was issued to Capital Group Properties LLC (developer), Grouse Hill LLC (property owner) and Brendon Homes, Inc. (general contractor) for the violations and their failure to maintain erosion controls or take appropriate precautions to prevent erosion and siltation from entering, altering and impairing BVW, and failure to comply with seven conditions previously established. Today’s Order requires immediate site stabilization, a new comprehensive erosion control plan, evaluation and restoration of affected BVW, and, monitoring and reporting, all to be approved by, and in compliance with the conditions imposed by, the Sudbury Conservation Commission.1/12/06   [‘Sudbury’]
2010 3/12/10 MassDEP issued (separate) Unilateral Order(s) to BVS 5401 Investors LLC and Della Concrete Corp., for Wetlands violations in North Adams. MassDEP issued cease-and-desist Orders to the site owner and applicant, BVS 5401 Investors LLC, and the site contractor, Della Concrete Corporation. Site work had been authorized by the Town of North Adams Conservation Commission (NACC) to conduct gravel pit closure work, and the restoration of bank. However, MassDEP found that site construction had commenced without implementation of all the required site erosion and sedimentation control measures in place. A final order of conditions (permit) issued by the North Adams conservation commission had required that site work commence after implementation of proper erosion and sedimentation controls. Today’s Orders require a cessation of all site work within the resource area, or work which may alter any resource areas, and the submittal of a Stabilization Plan for this site. Additional action in connection with the site will be coordinated as investigation into the site continues.   [‘North Adams’]
2013 5/23/13 MassDEP entered into a Consent Order with a $32,100 Penalty involving Columbia Construction Company for Asbestos violations at 32 Tozer Road in Beverly. MassDEP observed during an inspection of the site that asbestos containing materials had been removed from the lab area of the site and placed in a 30-yard dumpster at the location. The respondent and/or its responsible designee failed to properly notify MassDEP of demolition/renovation activities at the site. In addition, the respondent and/or its responsible designee failed to notify MassDEP of the asbestos removal at the site. Under today’s Order, the respondent agrees to pay $9,700 of the Penalty with the remaining $22,400 suspended for a period of one year. 32100.0 [‘Beverly’]
2008 9/5/08 MassDEP executed a Consent Order with a $7,000 Penalty involving Manchester Essex Regional School District for Wetlands violations at the Manchester Essex Regional High-Middle School on Lincoln Street. MassDEP inspected the site and initially discovered sedimentation to an intermittent stream tributary to Saw Mill Brook resulting from construction work taking place on the property and in violation of a local (permit) Order of Conditions. Three days later MassDEP discovered the activity was performed subsequent to the first inspection including excavation, vegetation removal and widening of the entire length of stream channel by hand and with machine, side casting the excavated material and significant sedimentation to Saw Mill Brook. This activity had no authorization and resulted in alteration to Land Under Water (LUW) and 60 linear feet of Bank. In addition to the Penalty, today’s Order requires immediate stabilization, full restoration of the LUW and Bank, as well as long-term monitoring, implementation of stormwater controls and cleaning/ maintenance protocols for the property. 7000.0 []
2016 12/27/16 MassDEP entered into a Consent Order with an $11,900 Penalty involving Specialty Minerals Inc. for Air Quality violations in Adams. As a result of reviewing a report submitted by Specialty Minerals, MassDEP found that Specialty had failed to meet the quarterly-data capture requirements for the oxygen continuous emissions monitor for the lime kiln. Specialty was ordered to train facility personnel on monitor maintenance and maintain a better spare-parts inventory for the monitor. As part of the settlement agreement, Specialty Minerals Inc. will pay the $11,900 Penalty. 11900.0 [‘Adams’]