“This online tool will improve access to chemical health and safety information, increase public dialogue and awareness, and help viewers choose safer ingredients used in everyday products,” said James Jones, assistant administrator for the Office of Chemical Safety and Pollution Prevention. “The tool will make chemical information more readily available for chemical decision-makers and consumers.”
The ChemView web tool displays key health and safety data in an online format that allows comparison of chemicals by use and by health or environmental effects. Additionally, the new web tool allows searches by chemical name or Chemical Abstracts Service (CAS) number, use, hazard effect, or regulatory action. It has the flexibility to create tailored views of the information on individual chemicals or compare multiple chemicals sorted by use, hazard effect, or other criteria.
In the months ahead, EPA will be continuously adding additional chemicals, functionality, and links. When fully updated, the web tool will contain data for thousands of chemicals. EPA has incorporated stakeholder input into the design, and welcomes feedback on the current site.
By increasing health and safety information, as well as identifying safer chemical ingredients, manufacturers and retailers will have the information to better differentiate their products by using safer ingredients.
In 2010, EPA began a concerted effort to increase the availability of information on chemicals as part of a commitment to strengthen the existing chemicals program and improve access and usefulness of chemical data and information. The recent launch of ChemView provides the public with a single access point for information that has been generated on certain chemicals regulated under TSCA.
San Antonio RCRA and DOT Training
Spartanburg RCRA and DOT Training
Chicago RCRA, DOT, and GHS Hazard Communication Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
EPA and Energy Department Release Fuel Economy Tool for Used Vehicles
As part of the Obama Administration’s ongoing efforts to increase fuel efficiency, reduce carbon pollution, and address climate change, the US Energy Department and the EPA recently released a new label that features EPA fuel economy estimates and CO2 estimates for used vehicles sold in the US since 1984.
This electronic graphic can be downloaded and included in online advertisements on the web, while the paper label may be printed and affixed to the vehicle window. As a vehicle’s fuel economy changes very little over a typical 15-year life with proper maintenance, the original EPA fuel economy estimate remains the best indicator of a used vehicle’s average gas mileage.
“Making fuel economy information more easily accessible can help Americans save money at the gas pump and reduce carbon pollution,” said EPA Acting Administrator for Air and Radiation Janet McCabe. “Buying any vehicle is an investment, and the information on these labels will help consumers make informed decisions and calculate the cost of ownership.”
“Fuel efficient vehicles cut carbon pollution, reduce our dependence on foreign oil and help American families and businesses save money,” said Assistant Secretary for Energy Efficiency and Renewable Energy David Danielson. “The new fuel economy label gives consumers an easy, quick way to get the information they need to find the used vehicle that’s right for them.”
The Obama Administration has taken unprecedented steps to improve the fuel efficiency of vehicles sold in the US, establishing the toughest fuel economy standards for passenger vehicles in US history. These standards are expected to save consumers $1.7 trillion at the pump—or more than $8,000 in costs over the lifetime of each vehicle—and eliminate six billion metric tons of carbon pollution.
All new vehicles now include a comprehensive fuel economy and environmental window sticker from the EPA, including passenger vehicles that meet the new fuel economy standards. With the new tool from FuelEconomy.gov, used vehicle sellers can provide potential buyers with comparable fuel economy information. Over 40 million used cars were sold in the US in 2012—roughly three times the number of new cars sold.
Used vehicles’ information will also be available on FuelEconomy.gov in addition to annual fuel cost and petroleum use estimates. Individual fuel economy will vary for many reasons. Visit FuelEconomy.gov for personalization tools. Consumers can also view gas mileage estimates from other drivers with the same vehicle year model and configuration.
New Mexico Approves Environmentally Protective Rules for Copper Mining
The New Mexico Water Quality Control Commission (WQCC) recently approved modifications to the New Mexico Environment Department’s Copper Rules that will allow in-state mining activities to continue while protecting groundwater. The final vote was 9-1.
“When compared with the mining regulations of other copper producing states, the rules approved tonight by the commission will be the most comprehensive and environmentally protective regulatory requirements for protecting ground water from the impacts of copper mining of any copper mining state in the country,” said NMED Secretary Ryan Flynn. “These rules also offer clear and consistent expectations for the mining industry, which is something that has never existed before in New Mexico.”
The newly approved Copper Rules accomplish the following:
- Provides stringent design features for new mining facilities and for expansions of existing mining facilities
- Provides new criteria for closing a mine, including re-grading land and installing ground cover to minimize infiltration of precipitation into and through mined materials that might otherwise reach ground water
- Imposes new engineering design requirements for waste rock and leach stockpiles, and impoundments; and requires specific design technology for impoundments, tanks, and pipelines
- Provides continued protection to drinking water supplies. (Copper mining in the Silver City area has not had any adverse impacts on the area’s water quality.)
- Provides clear, transparent, and consistent rules that will allow for regulatory certainty, which allows mining companies to invest in future operations in New Mexico. (The copper industry contributes approximately $330 million per year to the New Mexico economy and employs over 1,500 full time workers and over 300 contractors in southwestern New Mexico.)
The approved Copper Rules were developed by the Environment Department after a comprehensive stakeholder outreach process. The rules have the support of a group of bi-partisan state lawmakers, as well as several mayors and county commission members from communities located near New Mexico’s existing copper mines. Additional groups that also support the approved rules include the New Mexico Mining Association, the New Mexico Institute of Mining and Technology, Western New Mexico University, the New Mexico Oil and Gas Association, New Mexico Cattle Growers, and the Gila Economic Development Alliance.
Modifications to the New Mexico Copper Rules were required by state law. The previous mining permitting system employed by the Environment Department provoked years of protracted litigation with the mining industry. Ultimately, the New Mexico Court of Appeals characterized the previous permitting system used by the Environment Department as “unrealistic” and “broad and impractical.” After the Court of Appeals ruling, the New Mexico State Legislature passed SB 206 during the 2009 Regular Session. The law amended the Water Quality Act and required the state to develop regulations that clearly set forth the appropriate controls to prevent or abate ground water pollution.
Utah Makes Environmental Spill Information More Accessible to the Public
The Utah Department of Environmental Quality’s (DEQ) Division of Environmental Response and Remediation (DERR) has launched a new web-based database that allows the public to access information about environmental incidents in their communities.
. DEQ tracks environmental incidents through a 24-hour call-in number (801-536-4123) and distributes an initial notification report to the appropriate agency for review and incident response. Information contained in the database includes the details of the incident, the agency providing oversight, the material spilled and what has been impacted, as well as response actions and closure details.
“Access to this information helps local health departments and other agencies to better respond to environmental incidents in their jurisdictions,” said Brent Everett, director of DERR. “Now the general public will also have the ability to track cleanup progress and pinpoint more recent incident locations and information.”
In addition to providing online access as incidents are reported, the database also allows local health departments to update site cleanup progress and incident closure where they provided the primary oversight. The database was developed by DEQ to increase efficiency as information is collected and shared with appropriate agencies.
Columbia, South Carolina, Agrees to Major Sewer System Upgrades
. Columbia has agreed to undertake a thorough assessment of, and implement extensive improvements to, its sanitary sewer system at an estimated cost of $750 million.
In addition, Columbia will implement a $1 million supplemental environmental project to restore streams, reduce flooding, and improve water quality in segments of Rocky Branch, Smith Branch, and Gills Creek waterways that run through historically low income and minority neighborhoods.
“This settlement will bring badly needed improvements to Columbia’s aging sewer infrastructure, reduce the dangers of sewage contamination and improve the quality of waterways in historically disadvantaged communities,” said Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. “It is good news for human health and the environment of South Carolina’s capital city today and for future generations.”
“In this settlement, the city of Columbia has taken responsibility for its aging sewer treatment system,” said US Attorney for the District of South Carolina Bill Nettles. “The city’s leadership and engineers have worked many long, hard hours with the engineers at the EPA and the Department of Health and Environmental Control in hammering out a solution that addresses the problems in the City sewer system, improves the quality of our rivers and streams, and the health and safety of South Carolinians for decades to come. For that we are grateful.”
“Sewage overflows are a major problem that affects water quality in the Southeast and across the entire country because of aging infrastructure,” said Acting EPA Regional Administrator Stan Meiburg. “Bringing systems like Columbia’s into compliance is one of EPA’s top enforcement priorities, and through this settlement the City is taking positive steps to correct longstanding sewer overflow problems.”
“We are pleased this matter has been resolved through a consent decree, rather than costly litigation,” said DHEC Director Catherine Templeton. “This agency will continue to work closely with the City of Columbia and our federal partners to ensure the agreed-upon improvements are realized, and the health of the citizens and environment are protected.”
The proposed consent decree requires Columbia to implement a comprehensive sewer system assessment and rehabilitation program to address the existing problems of raw sewage overflows. Based on the sewer system assessment, the City will develop and implement remedial projects and infrastructure upgrades to address conditions causing sewer overflows. These remedial projects will be in addition to infrastructure upgrades already underway or planned by Columbia, which the consent decree also requires to be completed. Lastly, the city will develop and implement specific programs designed to ensure proper management, operation, and maintenance of its sewer system over the long-term to prevent future sewer overflows.
The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining cities’ commitments to implement timely, affordable solutions to these problems.
The proposed consent decree is subject to a 30-day public comment period and final court approval.
Timmonsville and Florence, South Carolina, will Resolve Drinking Water and Sewer Problems
EPA and South Carolina DHEC have announced a recent settlement with the Town of Timmonsville and City of Florence, South Carolina, to resolve drinking water and sewer problems.
Timmonsville has indicated that it has no capital to contribute to the short- and long-term fixes of the drinking water and sewer systems, estimated to cost approximately $12 million. On June 25, 2013, the citizens of Timmonsville approved a referendum measure authorizing the transfer of the systems to Florence. The proposed consent decree facilitates the transfer, and requires that Florence implement measures to bring the systems into compliance.
“The inadequacy of Timmonsville’s drinking water and sewer systems have posed a threat to public health and the environment,” said Stan Meiburg, Acting Regional Administrator for the EPA in the Southeast. “The transfer to Florence and the improvements required under the consent decree will result in tremendous benefits to the surrounding rural community and the Sparrow Swamp/Lynches River watershed.”
Timmonsville has had unauthorized overflows of untreated raw sewage and discharges of partially-treated wastewater, and has failed to properly operate and maintain its drinking water and sewer systems. Timmonsville has also failed to fully comply with numerous federal and state orders to correct deficiencies and, since 2012, has experienced increasing difficulty operating, maintaining and, in some instances, undertaking needed repairs.
“EPA and DHEC have been working together for years to bring Timmonsville into compliance, including issuing federal and state enforcement orders directing Timmonsville to take corrective action on its water and sewer systems,” said US Attorney Bill Nettles. “It appears that the absence of capital has been one of the main obstacles to Timmonsville’s compliance. In a terrific show of cooperation and leadership, the Cities of Timmonsville and Florence together with DHEC and EPA have come together to forge a solution. This is a good result for South Carolinians.”
Though not responsible for the compliance failures, Florence has agreed under the Consent Decree to accept the transfer of the drinking water and sewer systems from Timmonsville and bring them into compliance with all applicable environmental regulations. This includes implementing capital projects designed to remediate known defects in Timmonsville’s drinking water system, sewer system, and wastewater treatment plant. The improvements will eliminate unauthorized overflows of untreated or partially treated sewage, and address operational and maintenance deficiencies in the drinking water and sewer systems.
When wastewater systems overflow, untreated sewage and other pollutants can be released into local waterways and onto residential yards and basements, threatening water quality and contributing to disease outbreaks. Similarly, when drinking water systems are not properly operated or maintained, bacteria and pathogens may enter the drinking water distribution system, contributing to public health risks.
The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining municipalities’ commitments to implement timely, affordable solutions to these problems.
EPA Orders Public Water System on Indian Reservation to Address Arsenic in Drinking Water
. D&D, located on the Torres Martinez Desert Cahuilla Indian Reservation in Riverside County, California, was found to have high levels of arsenic in its public system that provides drinking water to its 300 mobile park residents. The order requires D&D to come into compliance with the arsenic drinking water standard as well as conduct more consistent arsenic monitoring.
Sampling data showed arsenic at concentrations as high as 0.059 milligrams per liter—almost six times EPA’s maximum contamination levels for arsenic. Sampling data also showed the presence of coliform bacteria.
D&D is a privately owned and operated system on the Indian Reservation. The order requires D&D to submit, within 90 days, a written plan for EPA review that will demonstrate the mobile park’s strategy to bring the water system into compliance with the federal arsenic standard by December 31, 2014. Quarterly arsenic water sampling is also required. The penalty for not complying with the terms of the order can be up to $37,500 per day based on federal statutory law.
El Paso Natural Gas and Western Nuclear Inc. to Investigate Abandoned Uranium Mines
EPA has ordered El Paso Natural Gas and Western Nuclear, Inc., to begin work to investigate potential risks at abandoned uranium mine sites in Cameron and Smith Lake Chapters in the Navajo Nation. The work will be conducted under separate orders, with oversight by EPA and Navajo EPA.
“This work, estimated to cost $2.5 million, is another element in our partnership to deal with the toxic legacy of abandoned uranium mines,” said Jared Blumenfeld, EPA’s Administrator in the Pacific Southwest Region. “We are using all the tools available to us, including having the responsible parties pay to clean up these sites.”
El Paso Natural Gas will work in the Cameron Chapter to assess 24 mine sites for radiation contamination. While the assessment work will begin in Spring 2014, fencing and signs will be placed around some sites this fall.
Western Nuclear, Inc., will begin work in mid-September at the Ruby Mines in Smith Lake Chapter to close two mine entry points or adits, and close two vent holes. The company will also conduct an assessment to determine the work necessary to remove radiation-contaminated soils from the mine areas and washes, arroyos, and roads near the mine.
The work being done at these mine sites in Cameron and Smith Lake are part of a broader program to screen, assess, and clean up abandoned uranium mine sites throughout Navajo Nation.
Two Disposal Companies are Fined a Combined $77,875 for Violating Air Quality Regulations
The California Air Resources Board (ARB) has fined Redwood Debris Box Service, Inc., of Burlingame, California, and Mountainside Disposal, Inc./Price Disposal, Inc., of Bakersfield, California, for violating air quality regulations related to diesel trucks they operate.
Redwood Debris Box Service agreed to pay $39,250 for violating the regulations. Mountainside Disposal/Price Disposal has paid $38,625 in penalties for its violations.
Separate investigations by the ARB showed each company failed to install legally required diesel particulate filters on its trucks by applicable compliance dates. A diesel particulate filter is a device used to reduce harmful emissions. Each company also failed to properly self-inspect its diesel trucks to ensure they met state smoke emission standards.
Redwood Box Debris Service, which agreed early this year to pay $39,250 for violating air quality regulations, uses diesel trucks for solid waste collection. It provides services for recycling dirt, concrete, green waste, demolition, and other materials.
Mountainside Disposal has a 1,200-square-mile service area. It holds seven franchise agreements for trash collection services, including three with Kern County, and agreements with the cities of Bakersfield and Arvin, and the counties of Los Angeles and Ventura.
Mountainside agreed in April to pay the $38,625 fine and made its final payment in June. The company has no history of past violations. As part of the settlement, Mountainside Disposal also must ensure that staff members who are responsible for compliance with the diesel truck emission inspection program attend diesel education courses and provide certificates of completion within one year.
Seventy-five percent of each fine, or a combined $58,405, will go to the California Air Pollution Control Fund, which provides funding for projects and research to improve the state’s air quality. The rest will go to Peralta Colleges Foundation to fund emission education classes conducted by participating California community colleges under the California Council for Diesel Education and Technology program.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Fourteen Central Valley, California Facilities Face Penalties for Wastewater Violations
Fourteen Central Valley wastewater dischargers face monetary penalties from California’s Central Valley Regional Water Quality Control Board (Water Board) for violations of the CWA.
The executive officer of the Water Board has issued $225,000 in Administrative Civil Liability Complaints (ACLC) for assessment of mandatory minimum penalties (MMPs) against the facilities.
- The city of Brentwood was assessed $6,000 for one violation of chloride, oil and grease, and total recoverable iron limits, and two violations of the total recoverable copper limit.
- The city of Galt was assessed $21,000 for one violation of the ammonia limit, three violations of the copper limit, three violations of the cyanide limit, four violations of the arsenic limit, and one violation of the pH limit.
- The city of Jackson was assessed $12,000 for four violations of the chlorine limit.
- The city of Manteca was assessed $57,000 for ten violations of the total suspended solids limit and nine violations of the pH limit.
- The city of Modesto was assessed $3,000 for one violation of the total recoverable iron, total recoverable aluminum, and total suspended solids percent removal limits, and four violations of the chloride limit.
- The city of Sacramento was assessed $6,000 for one violation of the settleable solids limit and six violations of the pH limit.
- The city of Stockton was assessed $36,000 for one violation of the total chlorine residual and total recoverable cyanide limits, two violations of the chlorodibromomethane limit, and thirteen violations of the total ammonia limit.
- The city of Tracy was assessed $6,000 for one violation of the pH limit, three violations of the temperature limit, and eight violations of the total coliform limit.
- The city of Vacaville was assessed $3,000 for violations of the settable solids effluent limit.
- The California Department of Corrections and Rehabilitation was assessed $9,000 for the late submittal of a self-monitoring report and two violations of the total chlorine limit.
- The California Department of Parks and Recreation was assessed $45,000 for two violations of arsenic, three violations of color, one violation of dissolved oxygen, two violations of iron, five violations of manganese, and two violations of turbidity.
- The El Dorado Irrigation District was assessed $6,000 for two violations of the zinc limit.
- Kinder-Morgan Energy Partners, L.P. was assessed $6,000 for two violations of the methyl tert-butyl ether (MTBE) limit.
- The Nevada County Sanitation District No.1 was assessed $9,000 for three violations of the total coliform limitation.
The dischargers may either pay the penalty within 30 days, request to enter into settlement discussions, or request a hearing before the Water Board at the regular public meeting on December 5 or 6, 2013.
Olympic Tug & Barge Fined for Port Angeles Oil Spill
The Washington Department of Ecology (Ecology) has fined Olympic Tug & Barge of Seattle $16,500 for spilling oil into Port Angeles Harbor last November. The spill occurred when a company-owned fuel barge was overfilled while being loaded with fuel oil.
Ecology determined the November 7, 2012, heavy fuel oil spill occurred because of an error by the barge operator. More than 1,700 gallons of fuel spilled to the deck of the barge with nearly 50 gallons entering Port Angeles Harbor.
The oil transfer was being conducted at the Tesoro Port Angeles Terminal located at the foot of the spit Ediz Hook. Olympic Tug & Barge had oil containment boom placed around the barge prior to starting the fuel transfer, which helped contain the spill. Ecology requires pre-booming of large-volume oil transfers over water as directed by changes to state law in 2007.
A unified command involving the US Coast Guard, Ecology, and Olympic Tug & Barge was formed to oversee contractors who cleaned up the spilled oil from the barge and harbor. The contractors were paid by Olympic Tug & Barge, a wholly owned subsidiary of Harley Marine Services. The company also must reimburse Ecology for expenses related to the incident, as required by state law. In May, the company paid a natural resources damage assessment of $963.
Olympic Tug & Barge immediately responded to the spill and notified federal and state authorities.
“The company cooperated with the authorities throughout the cleanup and assisted them in the investigation into the cause of the incident, ultimately leading to appropriate corrective actions being put into place to prevent a recurrence,” said Sven Christensen, general manager of Olympic Tug & Barge.
Jim Sachet, Spill Response Team supervisor said, “Even though Olympic Tug & Barge acted quickly to recover oil in Port Angeles Harbor and clean the barge, this spill should not have happened. This is another example of the effectiveness of Washington’s approach to requiring oil transfers to be pre-boomed. Without the boom in place as a precaution, the heavy fuel oil would have spread much farther and could have caused significantly more damage. Any spill, regardless of size, causes environmental harm.”
Oil is toxic to the environment and the damage starts as soon as the oil enters water. A single quart of oil has the potential to pollute more than 100,000 gallons of water.
Port Angeles Harbor is home to many marine species including pinto abalone, hard-shell clams, and shorebirds. Farther out in the harbor, there are pandalid shrimp and Dungeness crab. Streams and creeks draining into the harbor also support resident cutthroat and steelhead trout. Docks, piers, and other floating structures near the spill site also provide harbor seals with haul-out sites year round—haul-out sites are areas where mother harbor seals give birth, bond, and raise their young out of the water.
Olympic Tug & Barge may appeal the penalty to the Pollution Control Hearings Board within 30 days.
Ecology does not benefit from spill penalty payments. The final penalty amount owed and collected is deposited in special state accounts that pay for environmental restoration and enhancement projects.
Washington Dangerous Waste Facility Fined $180,000
Washington’s Ecology has fined Burlington Environmental, LLC, (Burlington Environmental) $180,000 for 13 violations of requirements for dangerous waste management at the company’s facility in Kent, Washington. The violations occurred between October 2012 and January 2013.
The Burlington Environmental facility, located at 20245 77th Ave. S., processes dangerous wastes from hundreds of commercial and industrial clients for proper shipment and disposal.
The company came into compliance quickly after the violations were identified.
“This facility has now incurred penalties of just over $1 million over the past 12 years for violating hazardous waste requirements. Those requirements protect the public, the environment and on-site worker safety,” said K. Seiler, who manages Ecology’s hazardous waste and toxics reduction program. “Local processing for business and industrial wastes benefits our state’s economy and environment. We want the company to succeed at this, but properly and without violations.”
The violations fell into three general categories:
- Storage of dangerous waste in excess of required time limits
- Inadequate training and management of supervisors and employees to follow conditions and standards of the facility’s dangerous waste permit
- Failure to follow procedures required to ensure safe separation of incompatible materials
- The violations included a fire at the facility, which started because incompatible wastes came into contact and ignited
“Our company has worked cooperatively with Ecology and the community to ensure our waste handling practices are safe and protective,” said Barbara Smith, Burlington Environmental spokesperson. “It is important to note that none of these incidents caused immediate threat to human or environmental health. No workers were injured. We corrected these issues quickly and diligently work to improve our compliance with the rules and regulations that govern our business.”
The company has the right to appeal the penalty to the Washington State Pollution Control Hearings Board within 30 days.
Burlington Environmental has paid $868,000 in penalties or through penalty settlements from 2001 to 2012.
Ensuring proper safety and environmental practices at hazardous waste processing facilities supports Ecology’s priority of preventing and reducing toxic threats to human health and the environment.
Consumer Products Companies Fined for Excess VOC Emissions
The excess in emissions of VOCs from these settlements amounted to over 24 tons.
The amount collected went to the California Air Pollution Control Fund to support air quality projects and research to improve California’s air quality.
“With volatile organic compounds present in products we use every day, it is essential for companies to comply with ARB’s air quality regulations,” said ARB Enforcement Chief James Ryden. “Companies can control the composition of the products they sell, which limits the emissions and benefits us all.”
The fines totaled $377,950, with the four companies who paid the highest fines including:
- OPI – $58,000
- Lucas Oil Products – $48,400
- Lancaster Colony – $48,000
- Core Products – $45,000
VOCs are gases released from solids and liquids, contributing to ozone formation once released into the air. These gases can be found in a number of products such as paints, wood preservatives, aerosol sprays, cleansers and disinfectants, air fresheners, stored fuels and automotive products, and more.
Concord Company Assessed $5,692 Penalty for Failing to Restrict Access to Contaminants Below Surface
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $5,692 penalty to Lincoln Crossing, LLC, of Concord, Massachusetts, for violating environmental cleanup requirements at 90 May Street in Worcester, Massachusetts.
A Notice of Activity and Use Limitation (AUL) was recorded with the Worcester Registry of Deeds for the site in April 1995 to prevent future exposure to soil contamination from former manufacturing activities at the site.
However, during a May 2012 MassDEP inspection at the property—now owned by Lincoln Crossing—earth moving activities by a tenant at the site were observed without a required health and safety plan or soil management plan, both violations of the 1995 AUL. In addition, MassDEP determined that the AUL was deficient and was not referenced in the tenant’s lease as required by cleanup regulations.
As part of a negotiated agreement with MassDEP, Lincoln Crossing, LLC, has agreed to record an amended deed restriction and pay $4,000 of the assessed penalty. The remaining penalty will be suspended as long as there are no further violations for a period of one year.
“Notices of Activity and Use Limitations are critical tools to prevent exposure to residual contamination,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “It is the responsibility of the site owner to ensure tenants are informed of restrictions and that the AUL is adhered to.”
MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.
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Trivia Question of the Week
In 1996, the US EPA passed legislation requiring that homebuyers and renters be informed of the presence of lead in what common household material?
a) Drywall
b) Paint
c) Asbestos
d) Corian
