PAR: Nicked For Worcester Environmental Violation

PAR/BM Was Fined $20,000 for Failing to Prevent Trespassing on Undeveloped Property on Gardner Branch Line, Governed by Prior MASSDEP "Notice of Activity and Use Limitation."

(From the Environmental Resource Center website) :

23 July, Worcester MA – The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $20,000 penalty to Pan Am Railways, Inc. and Boston and Maine Corporation for environmental violations at the railroad facility at 150 Millbrook Street, Worcester.

In a consent order finalized with MassDEP, the companies admitted that they failed to limit residential use of the property as required in a previous agreement – known as a Notice of Activity and Use Limitation – that addressed the historic release of oil and hazardous material there. MassDEP inspectors had observed transient residential activity at the site. In addition, the companies failed to correct certain errors in the recorded Notice and other documents that were later filed in the case. The companies have also agreed to conduct any remedial actions, as necessary, to reach a permanent cleanup solution for the site that does not solely rely on the limitation of site activities.

“Owners of property subject to a recorded Notice of Activity and Use Limitation must ensure that restricted site uses or activities do not occur at the site in order to ensure that no significant risk to public health, safety, welfare or the environment occurs at the site,” said Mary Jude Pigsley, director of the MassDEP Central Regional Office in Worcester. “A Notice of Activity and Use Limitation is a tool to demonstrate successful cleanup of a site. MassDEP routinely inspects such locations to determine whether owners are complying with the specified restrictions.”

Worcester MA

The parcels known as 150 Millbrook St. are tucked between US Rte. 190 and the Gardner Branch tracks. Following a clean MassDEP instituted the Notice of Activity and Use Limitation on XX.XXX.XXXX following a cleanup of legacy hazardous waste defilement.