MassDEP Penalizes Realty Trust for Wetland Violations

The MassDEP has cited an Amesbury realty trust with numerous wetland violations and has penalized them with a large fine of $31,260.

On top of their numerous violations, the MassDEP has also required full restoration work in the area. In April 2009, MassDEP approved a Wetlands Protection Act Superseding Order of Conditions. This act allowed the construction of a roadway, storm water management structures, and the construction of six single-family homes.

In late October 2015, the MassDEP was notified by the Amesbury Conservation Agent of inconsistencies in work being done by the developer. Together, the MassDEP and Amesbury Conservation Agent joined forces to investigate the project and found that the ongoing work was not in compliance with the superseding order of conditions and the wetland by-law approval. This resulted in the filling of a wetland resource area. As restitution, the Trust agreed to pay a fine of $8,000 dollars along with the submission of a plan that shows the alteration of the wetland, and how it will be restored. They also plan to submit their plans that show their storm water management structures and successfully complete the BVW restoration by the end of June 2016 in exchange for the MassDEP suspending the outstanding $23,260 fine, as long as there are no additional violations present.

It is always important to make sure development work is being done in compliance with your local state laws. At EBI we help every client integrate compliance and sustainability initiatives into a comprehensive program, allowing them to achieve and maintain EH&S compliance while operating in a manner that is sustainable for future generations. Contact one of our professionals to learn more. If you are interested in reading more about this issue, click here.

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