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September 2003

Fines Total Over $4,000 for Former Waste Facility Owner

Goodman Realty Trust of Simsbury, Connecticut has agreed, in a signed administrative consent order with the Massachusetts Department of Environmental Protection (DEP), to pay a $4,125 penalty for violating state environmental cleanup regulations.

Since 1995, Goodman has been performing assessment and cleanup actions on a parcel located at 1-5 Paramount Street in Springfield that was formerly used to process scrap metal. Massachusetts environmental regulations (known as the Massachusetts Contingency Plan or MCP) allow these activities to be performed by licensed consultants contracted by the responsible parties, without direct state oversight. The program relies upon strict adherence to notification and reporting requirements outlined in the regulations. DEP monitors compliance with the requirement by performing audits of submittals.

In October 1998, consultants who were performing assessment for Goodman noted the presence of petroleum in one of the monitoring wells used to evaluate groundwater quality at the facility. Under the MCP, such a condition requires notification to DEP within 72 hours. However, this notification was not provided until January 29, 1999. A subsequent audit of documents submitted to DEP revealed the late notification. In addition, the regulations require submittal of a written plan for assessing the contamination within 60 days of notification. The written plan was not received until January 2000.

“The Department is very serious about adherence to the notification and reporting requirements under the MCP,” said Mike Gorski, director of DEP’s Western Regional Office. “Failure to comply with these requirements undermines the Department’s ability to respond to critical conditions, and undermines public trust in the privatized system.”


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