35-029 (4) Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Wayne Feiden
Name
587-1265
Phone Number
8:30 am -4:30 pm/Monday- Friday
Hours/Days Available
Issued by:
Northampton Conservation Commission
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
7 01 f 94 D 0005 1332 (i q
Signature of delivery person or certified mail number
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
■ Stockpiles of soil must be stabilized in all wetland resource areas and buffer zones.
■ Erosion controls must be installed January 21, 2005, the stream side (West Farms
Road side)of the stockpiles.
• Call the Northampton Office of Planning and Development as soon as erosion controls are
in place to schedule an inspection.
• A remediation plan by a qualified wetland scientist for Riverfront Area must be submitted
to the Northampton Conservation Commission for approval no later than February 10,
2005.
• Report to the Conservation Commission meeting o February 10, 2005, 5:30pm with
wetland scientist and remediation plan.
• If erosion controls are not installed by January 21, 2005,and a remediation plan is not
presented to the Northampton Conservation Commission at its meeting on February 10,
2005, the Conservation Commission may begin issuing fines of up to$100 for each day of
the violation, beginning on the date of this notice.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
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L7 --Massachusetts Department of Environmental Protection i
DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Northampton Conservation Commission January 13 2005
computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the Bill Willard
return key. Name of Violator
1010 Ryan Road, Florence, MA 01062
tab Address
�a•�S 1 �. 2005
1. Location of Violation: „y
Bill Willard, Inc.
Property Owner(if different)
1010 Ryan Road _-
Street Address
Florence 01062
City/Town Zip Code
35 29
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Stockpiling massive quantities of soil in Riverfront Area; Sediment running off the stockpile to within
10 feet of a perennial stream; Destroying vegetation within Riverfront Area and potentially a wetland.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
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