Pittsfield Resident Fined $3500 By MA Environmental Protection

The Massachusetts Department of Environmental Protection (MassDEP) fined Anthony J. Crea $3,500 for his failure to comply with a consent order requiring the completion of the cleanup of contamination on his property. The site is a former gasoline station and auto repair facility located at 483 West Housatonic Street in Pittsfield, from which several businesses now operate.

Following the discovery of petroleum constituents in soil at the site, MassDEP issued a Notice of Responsibility in February 2002 to Mr. Crea informing him of his responsibilities and liabilities as the owner of a confirmed oil and/or hazardous materials release site. Mr. Crea was notified that further investigations were needed to address the contamination on his property. MassDEP subsequently issued multiple notices and orders to Mr. Crea.

In November 2008, Mr. Crea and MassDEP finalized an agreement that required additional work to be conducted at the site and fined Mr. Crea $4,500 for failure to conduct work up to that point. Mr. Crea did complete initial response actions and continued to conduct additional settlement discussions with MassDEP. These discussions resulted in a second consent agreement, finalized in November 2010, where MassDEP agreed to reduce the fine to $1,000 and suspend the remaining $3,500 fine provided Mr. Crea complete the agreed upon cleanup at his property by September 30, 2011. Mr. Crea failed to complete the cleanup at his property and MassDEP has now demanded payment of the suspended penalty amount of $3,500.

“The failure of Mr. Crea to comply with the regulations and previous agreements is regrettable,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “On numerous occasions, we did extend latitude to Mr. Crea in an effort to support his cleanup of this property. Despite considerable effort and negotiations on the part of both parties, and multiple extensions of deadlines by MassDEP, Mr. Crea failed to complete the cleanup and return to compliance.”

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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