330 DEP Report 2013 and Court findings DEVAL L PATRICK
Governor
TIMOTHY P MURRAY
Lieutenant Governor
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100
Vicki Donati
GW Services
1385 Park Center Drive
Vista,CA 92083
Dear Ms.Donati,
March 29,2013
RICHARD K SULLIVAN JR.
Secretary
KEN ETH L,KNIMELL
fiq' oner
Re: Northampton
Glacial Water
PWS 1D# 1214003
ACOP-EVE-13-5D001
Enforcement
Enclosed for your review and signature, are two copies of an Administrative Consent Order with
penalty (ACOP)addressing violations of MassDEP's chlorine residual monitoring and reporting
requirements at Glacial Water's vending machine located within the River Valley Market in
Northampton.
Both copies of the enclosed document should be signed with both original copies returned to the
Department by April 29, 2013. Following receipt of the signed documents,the Department will
sign both copies and one original will be returned.
If you have any questions regarding this issue,please contact Douglas Paine at(413) 755-2281.
Respectfully,
Brian Harrington
Deputy Regional Director
Bureau of Resource Protection
Cc: Boston-DWP
Northampton Board of Health
W',BRP\WS\Enforcement&ComplianceLACOFFGlacial Water 03-13 cover
l'�DWP Archive\WERO'Northampton-1214003-Enforcement-2013-03-29
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1-617-574-6868
MassDEP Website:www.mass.govldep
Printed on Recycled Paper
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the matter of: )
)
)
Glacier Water Services, Inc. )
)
)
File No.: ACOP-WE-13-5D001
ADMINISTRATIVE CONSENT ORDER WITH PENALTY
AND
NOTICE OF NONCOMPLIANCE
I. THE PARTIES
1. The Department of Environmental Protection("Department" or"MassDEP")is a duly
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2. Glacier Water Services, Inc. ("Respondent")is a Supplier of Water, as defined in 310 CMR
22.02, and owns and operates a water vending machine public water system("vending
machine"), which is a type of Public Water System,as defined in 310 CMR 22.02,at the River
Valley Market, 330 North King Street,Northampton,Massachusetts, 01061. Respondent's
principle office is located at 1385 Park Center Drive,Vista, California, 92081.
II. .STATEMENT OF FACTS AND.LAW .
3. MassDEP has primary enforcement responsibility for the requirements of the Federal
Safe Drinking Water Act;,42 U.S.C. §300f et seq.,and the regulations promulgated there under.
MassDEP implements and enforces statutes and regulations of the Commonwealth of
Massachusetts for the protection of the public drinking water supply,including, without
limitation, M.G.L. c. 111, §5G and §160 and,the Drinking Water Regulations at 310 CMR
22.00;the Cross Connections, Distribution System Protection Regulations at 310 CMR 22.22;
and the Underground Injection Control Regulations at 310 CMR 27.00, MassDEP,pursuant to
M.G.L. c. 111, §160,may issue such orders as it deems necessary to ensure the delivery of fit
1vt.v.L. v. t t F y.A.friffay tvq.unciijr utuct uto ptvV/JIVIl Attu upciautni ui bCk a ucd�fi6ifi ia� rtCi��'
as it deems necessary to ensure the delivery of a safe water supply to all consumers.
Y:\DWP Archive\WERO\Northampton-1214003-Enforcement-2013-03.20
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 3
to ascertain the purity of water and fitness of a system to ensure the delivery of a fit
and pure water supply to all consumers..."
F. Massachusetts Drinking Water Regulation 310 CMR 22.03(15) states"To properly
carry out its responsibilities under M.G.L. c. 111, § 160 and 310 CMR 22.00 to
protect the health, environment, and well-being of the citizens of the Commonwealth,
the Department and its authorized agents and representatives may request information
from any person or entity as it deems necessary to ascertain the purity and fitness of
water supply for domestic use, or the possibility of the water supply distribution
system imperiling the public health or the health of the persons using such."
III. DISPOSITION AND ORDER
For the reasons set forth above, MassDEP hereby issues, and Respondent hereby consents
to, this Order:
6. The parties have agreed to enter into this Consent Order because they agree that it is in
their own interests, and in the public interest, to proceed promptly with the actions called for
herein rather than to expend additional time and resources litigating the matters set forth above.
Respondent enters into this Consent Order without admitting or denying the facts or allegations
set forth herein. However, Respondent agrees not to contest such facts and allegations for
purposes of the issuance or enforcement of this Consent Order.
7. MassDEP's authority to issue this Consent Order is conferred by the Statutes and
Regulations cited in Part II of this Consent Order.
8. Respondent shall perform the following actions:
A. Respondent shall complete public notification as required within 310 CMR
22.16(1)(a)(c), for its November 2012, December 2012, January 2013, and February
2013 violations.
B. Beginning in April 2013, Respondent shall monitor and report chlorine residuals from
each point-entry,pre-treatment sample collected.
9. Except as otherwise provided,all notices, submittals and other communications required by
this Consent Order shall be directed to:
Douglas Paine, Drinking Water Program
MassDEP
436 Dwight Street
Springfield, MA 01103
Such notices, submittals and other communications shall be considered delivered by Respondent
upon receipt by MassDEP.
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 2
MassDEP's Drinking Water Regulations at 310 CMR 22.02 define a public water system as a
system for the provision to the public of water for human consumption,throngh pipes or other
constructed conveyances, if such system has at least 15 service connections or regularly serves
an average of at least 25 individuals daily at least 60 days of the year. 310 CMR 22.02 also
defines a supplier of water as"any person who owns or operates a public water system."
MassDEP has authority under M.G.L. c. 21A, § 16 and the Administrative Penalty Regulations
at 310 CMR 5.00 to assess civil administrative penalties to persons in noncompliance with the
laws and regulations set forth above.
4. Respondent is a public water system pursuant to 310 CMR 22.00 et seq.
5. The following facts and allegations have led MassDEP to issue this Consent Order:
A. Within an October 17, 2012 electronic correspondence, MassDEP provided notice to
Respondent that a chlorine residual must be measured for the vending machines point-
of-entry, pre-treatment sample and that the results of that analysis must be specified
on all future reports. Failure to provide water quality information required by the
Department is a violation of 310 CMR 22.03(2) and 310 CMR 22.03(15).
B. Respondent failed to measure a disinfection residual for the point-of-entry, pre-
treatment sample collected just prior to the vending machine during the months of
November 2012, December 2012, January 2013, and February 2013, in violation of
Massachusetts Drinking Water Regulations 310 CMR 22.20A(3)(b)3.
C. MassDEP addressed the November 2012 and December 2012 violations within a
January 16, 2013 Notice of Noncompliance (NON-WE-13-5D015), requiring that
Respondent monitor and report chlorine residuals from each point-entry, pre-treatment
sample collected.
D. Massachusetts Drinking Water Regulation 310 CMR 22.20A(3)(b)3 states in part
"...The residual disinfectant concentration in the distribution system,measured as
free chlorine,total chlorine, combined chlorine,or chlorine dioxide,as specified in
310 CMR 22.20A(5)(a)2,and 310 CMR 22.20A(5)(c)3., cannot be undetectable in
more than 5% of the samples each month,for any two consecutive months that the
system serves water to the public. Water in the distribution system with a
heterotrophic bacteria concentration less than or equal to 500/ml, measured as
heterotrophic plate count(HPC)as specified in 310 CMR 22.20A(5)(a)1.,is deemed
to have a detectable disinfectant residual for purposes of determining compliance
with this requirement.Thus the value "V" in the following formula cannot exceed 5%
in one month, for any two consecutive months..."
E. Massachusetts Drinking Water Regulation 310 CMR 22.03(2)states in part"The
Department may require a public water system to sample and analyze its water for
any parameter at any location and frequency which the Department deems necessary
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 5
Consent Order, or(ii) any legal or equitable right of MassDEP to pursue any other claim,action,
suit, cause of action, or demand which MassDEP may have with respect to the subject matter
covered by this Consent Order, including, without limitation,any action to enforce this Consent
Order in an administrative or judicial proceeding.
17. This Consent Order shall not be construed or operate as barring, diminishing,
adjudicating, or in any way affecting, any legal or equitable right of MassDEP or Respondent
with respect to any subject matter not covered by this Consent Order.
18. This Consent Order shall be binding upon Respondent, successors and assigns.
Respondent shall not violate this Consent Order and shall not allow or suffer Respondent's
directors,officers, employees, agents, contractors or consultants to violate this Consent Order.
Until Respondent has fully complied with this Consent Order, Respondent shall provide a copy
of this Consent Order to each successor or assignee at such time that any succession or
assignment occurs.
19. In addition to the penalty set forth in this Consent Order (including any suspended
penalty), if Respondent violates any provision of the Consent Order,Respondent shall pay
stipulated civil administrative penalties to the Commonwealth in the amount of $100 per day for
each day, or portion thereof, each such violation continues.
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and
shall continue to accrue until the day Respondent corrects the violation or completes
performance, whichever is applicable. Stipulated civil administrative penalties shall accrue
regardless of whether MassDEP has notified Respondent of a violation or act of noncompliance.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid
within thirty (30) days of the date MassDEP issues Respondent a written demand for payment.
If simultaneous violations occur, separate penalties shall accrue for separate violations of this
Consent Order. The payment of stipulated civil administrative penalties shall not alter in any
way Respondent's obligation to complete performance as required by this Consent Order.
MassDEP reserves its right to elect to pursue alternative remedies and alternative civil and
criminal penalties which may be available by reason of Respondent's failure to comply with the
requirements of this Consent Order. In the event MassDEP collects alternative civil
administrative penalties, Respondent shall not be required to pay stipulated civil administrative
penalties pursuant to this Consent Order for the same violations.
Respondent reserves whatever rights it may have to contest MassDEP's determination that
Respondent failed to comply with the Consent Order and/or to contest the accuracy of MassDEP's
calculation of the amount of the stipulated civil administrative penalty. Upon exhaustion of such
rights, if any,Respondent agrees to assent to the entry of a court judgment if such court judgment is
necessary to execute a claim for stipulated penalties under this Consent Order.
20. Respondent shall pay all civil administrative penalties due under this Consent Order,
including suspended and stipulated penalties, by certified check, cashier's check, or money order
made payable to the Commonwealth of Massachusetts, or by electronic funds transfer. If
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 4
10. Actions required by this Consent Order shall be taken in accordance with all applicable
federal, state,and local laws, regulations and approvals. This Consent Order shall not be
construed as,nor operate as,relieving Respondent or any other person of the necessity of
complying with all applicable federal, state, and local laws, regulations and approvals.
11. For purposes of M.G.L. c. 21A, § 16 and 310 CMR 5.00,this Consent Order shall also
serve as a Notice of Noncompliance for Respondent's noncompliance with the requirements
cited in Part II above. MassDEP hereby determines, and Respondent hereby agrees, that any
deadlines set forth in this Consent Order constitute reasonable periods of time for Respondent to
take the actions described.
12. Respondent shall pay to the Commonwealth the sum of two hundred and ninety dollars
($290.00) as a civil administrative penalty for the violations identified in Part II above, as
follows:
A. Within thirty (30) days of the effective date of this Consent Order, Respondent
shall pay to the Commonwealth one hundred and forty five dollars ($145.00); and
B. MassDEP hereby agrees to suspend payment of the sum of one hundred forty five
dollars ($145.00); provided, however,that if Respondent violates any provision of this Consent
Order, or further violates any of the regulations cited in Part II above, Respondent shall pay to
the Commonwealth the remaining amount of one hundred and forty five dollars ($145.00)within
thirty (30) days of the date MassDEP issues Respondent a written demand for payment. This
paragraph shall not be construed or operate to bar, diminish, adjudicate,or in any way affect,any
legal or equitable right of MassDEP to assess Respondent additional civil administrative
penalties, or to seek any other relief,with respect to any future violation of any provision of this
Consent Order or any law or regulation.
13. Respondent understands, and hereby waives, its right to an adjudicatory hearing before
MassDEP on, and judicial review of, the issuance and terms of this Consent Order and to notice
of any such rights of review. This waiver does not extend to any other order issued by the
MassDEP.
14. This Consent Order may be modified only by written agreement of the parties hereto.
15. The provisions of this Consent Order are severable,and if any provision of this Consent
Order or the application thereof is held invalid, such invalidity shall not affect the validity of
other provisions of this Consent Order, or the application of such other provisions, which can be
given effect without the invalid provision or application, provided however, that MassDEP shall
have the discretion to void this Consent Order in the event of any such invalidity.
16. Nothing in this Consent Order shall be construed or operate as barring,diminishing,
adjudicating or in any way affecting(i) any legal or equitable right of MassDEP to issue any
additional order or to seek any other relief with respect to the subject matter covered by this
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 7
25. This Consent Order shall become effective on the date that it i4 executed by MassDEP.
Consented To:
GLACIER WATER SERVICES,INC.
Brian McInerney
President
Date:
Issued By:
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Michael Gorski
Regional Director
MassDEP
Date:
W:\brp\ws\enforcement&compliance\ACOs\Glacier Water 03-2013
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 6
payment is made by certified check, cashier's check, or money order, Respondent shall clearly
print on the face of its payment Respondent's full name,the file number appearing on the first
page of this Consent Order, and the Respondent's Federal Employer Identification Number,and
shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3982
Boston,Massachusetts 02241-3982
21. Failure on the part of MassDEP to complain of any action or inaction on the part of
Respondent shall not constitute a waiver by MassDEP of any of its rights under this Consent
Order. Further, no waiver by MassDEP of any provision of this Consent Order shall be
construed as a waiver of any other provision of this Consent Order.
22. To the extent authorized by the current owner, Respondent agrees to provide MassDEP,
and MassDEP's employees, representatives and contractors, access at all reasonable times to
Respondent's equipment at River Valley Market for purposes of conducting any activity related
to its oversight of this Consent Order. Notwithstanding any provision of this Consent Order,
MassDEP retains all of its access authorities and rights under applicable state and federal law.
23. This Consent Order may be executed in one or more counterpart originals, all of which
when executed shall constitute a single Consent Order.
24. The undersigned certify that they are fully authorized to enter into the terms and
conditions of this Consent Order and to legally bind the party on whose behalf they are signing
this Consent Order.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
.In the matter of: )
)
)
Glacier Water Services, Inc. )
)
)
File No.: ACOP-WE-13-5D001
ADMINISTRATIVE CONSENT ORDER WITH PENALTY
AND
NOTICE OF NONCOMPLIANCE
I. THE PARTIES
1. The Department of Environmental Protection ("Department" or"MassDEP")is a duly
constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c.
21A, § 7. MassDEP maintains its principal office at One Winter Street, Boston, Massachusetts
02108, and its Western Regional Office at 436 Dwight Street, Springfield, Massachusetts 01103.
2. Glacier Water Services, Inc. ("Respondent") is a Supplier of Water, as defined in 310 CMR
22.02, and owns and operates a water vending machine public water system ("vending
machine"), which is a type of Public Water System, as defined in 310 CMR 22.02, at the River
Valley Market, 330 North King Street,Northampton, Massachusetts, 01061. Respondent's
principle office is located at 1385 Park Center Drive, Vista, California, 92081.
II. STATEMENT OF FACTS AND LAW
3. MassDEP has primary enforcement responsibility for the requirements of the Federal
Safe Drinking Water Act„ 42 U.S.C. §300f et seq. and the regulations promulgated there under.
MassDEP implements and enforces statutes and regulations of the Commonwealth of
Massachusetts for the protection of the public drinking water supply, including, without
limitation, M.G.L. c. 111, §5G and §160 and ,the Drinking Water Regulations at 310 CMR
22.00; the Cross Connections, Distribution System Protection Regulations at 310 CMR 22.22;
and the Underground Injection Control Regulations at 310 CMR 27.00. MassDEP,pursuant to
M.G.L. c. 111, §160,may issue such orders as it deems necessary to ensure the delivery of fit
and pure drinking water by public water systems to all consumers. MassDEP,pursuant to
M.G.L. c. 111, §5G, may require by order the provision and operation of such treatment facilities
as it deems necessary to ensure the delivery of a safe water supply to all consumers.
Y:1DWP Archive\WERO\Northampton-1214003-Enforcement-2013-03-20
VAL L PATRICK
vernor
AOTHY P.MURRAY
wtenant Governor
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100
Vicki Donati
G`V Services
1385 Park Center Drive
Vista,CA 92083
June 7,2013
Re: Northampton
Glacial Water
PWS ID# 1214003
ACOP-WE-13-5D001
Enforcement
RICHARD K.SULUVAN JR.
Secretary
KENNETH L KIMMELL
Commissioner
Dear Ms. Donati,
Enclosed is your original copy of the signed Administrative Consent Order,with penalty.
If you have any questions regarding this document please contact Douglas Paine at(413)755-2281.
Respectfully,
1 c- -
Deirdre S1:bral
Drinking Vater/Municipal Services Chief
Resource Protection
Cc: Boston-DWP
Northampton Board of Health
W:\BRP\WS\Enforcement&Compliance`,ACOP\GIacial Water 03-13 signed
Y:\DVv P Archive\WERO`Northampton-1214003-Enforcement-2013-06-07
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1.866-539-7622 or 1-617-574-6868
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 3
E. Massachusetts Drinking Water Regulation 310 CMR 22.03(2)states in part"The
Department may require a public water system to sample and analyze its water for
any parameter at any location and frequency which the Department deems necessary
to ascertain the purity of water and fitness of a system to ensure the delivery of a fit
and pure water supply to all consumers..."
F. Massachusetts Drinking Water Regulation 310 CMR 22.03(15)states "To properly
carry out its responsibilities under M.G.L. c. 111, § 160 and 310 CMR 22.00 to
protect the health, environment,and well-being of the citizens of the Commonwealth,
the Department and its authorized agents and representatives may request information
from any person or entity as it deems necessary to ascertain the purity and fitness of
water supply for domestic use, or the possibility of the water supply distribution
system imperiling the public health or the health of the persons using such."
III. DISPOSITION AND ORDER
For the reasons set forth above, MassDEP hereby issues, and Respondent hereby consents
to,this Order:
6. The parties have agreed to enter into this Consent Order because they agree that it is in
their own interests, and in the public interest, to proceed promptly with the actions called for
herein rather than to expend additional time and resources litigating the matters set forth above.
Respondent enters into this Consent Order without admitting or denying the facts or allegations
set forth herein. However,Respondent agrees not to contest such facts and allegations for
purposes of the issuance or enforcement of this Consent Order.
7. MassDEP's authority to issue this Consent Order is conferred by the Statutes and
Regulations cited in Part II of this Consent Order.
8. Respondent shall perform the following actions:
A. Respondent shall complete public notification as required within 310 CMR
22.16(1)(a)(c), for its November 2012, December 2012, January 2013, and February
2013 violations.
B. Beginning in April 2013, Respondent shall monitor and report chlorine residuals from
each point-entry. pre-treatment sample collected.
9. Except as otherwise provided,all notices, submittals and other communications required by
this Consent Order shall be directed to:
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 2
MassDEP's Drinking Water Regulations at 310 CMR 22.02 define a public water system as a
system for the provision to the public of water for human consumption,through pipes or other
constructed conveyances, if such system has at least 15 service connections or regularly serves
an average of at least 25 individuals daily at least 60 days of the year. 310 CMR 22.02 also
defines a supplier of water as"any person who owns or operates a public water system."
MassDEP has authority under M.G.L. c. 21A, § 16 and the Administrative Penalty Regulations
at 310 CMR 5.00 to assess civil administrative penalties to persons in noncompliance with the
laws and regulations set forth above.
4. Respondent is a public water system pursuant to 310 CMR 22.00 et seq.
5. The following facts and allegations have led MassDEP to issue this Consent Order:
A. Within an October 17, 2012 electronic correspondence, MassDEP provided notice to
Respondent that a chlorine residual must be measured for the vending machines point-
of-entry, pre-treatment sample and that the results of that analysis must be specified
on all future reports. Failure to provide water quality information required by the
Department is a violation of 310 CMR 22.03(2) and 310 CMR 22.03(15).
ccoti t'4 u-)4, fin`./A,,n
re,�ort �r"
B. Respondent failed to mease re a disinfection residual for the point-of-entry, pre-
treatment sample collected just prior to the vending machine during the months of
November 2012, December 2012, January 2013, February 2013, and March 2013 in
violation of Massachusetts Drinking Water Regulations 310 CMR 22.20A(3)(b)3.
C. MassDEP addressed the November 2012 and December 2012 violations within a
January 16, 2013 Notice of Noncompliance (NON-WE-13-5D015), requiring that
Respondent monitor and report chlorine residuals from each point-entry, pre-treatment
sample collected.
D. Massachusetts Drinking Water Regulation 310 CMR 22.20A(3)(b)3 states in part
"...The residual disinfectant concentration in the distribution system, measured as
free chlorine,total chlorine,combined chlorine, or chlorine dioxide, as specified in
310 CMR 22.20A(5)(a)2,and 310 CMR 22.20A(5)(c)3., cannot be undetectable in
more than 5% of the samples each month, for any two consecutive months that the
system serves water to the public. Water in the distribution system with a
heterotrophic bacteria concentration less than or equal to 500/ml,measured as.
heterotrophic plate count (HPC) as specified in 310 CMR 22.20A (5)(a)1., is deemed
to have a detectable disinfectant residual for purposes of determining compliance
with this requirement. Thus the value "V" in the following formula cannot exceed 5%
in one month, for any two consecutive months..."
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 5
15. The provisions of this Consent Order are severable, and if any provision of this Consent
Order or the application thereof is held invalid, such invalidity shall not affect the validity of
other provisions of this Consent Order, or the application of such other provisions, which can be
given effect without the invalid provision or application,provided however, that MassDEP shall
have the discretion to void this Consent Order in the event of any such invalidity.
16. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of MassDEP to issue any
additional order or to seek any other relief with respect to the subject matter covered by this
Consent Order, or (ii) any legal or equitable right of MassDEP to pursue any other claim, action,
suit, cause of action, or demand which MassDEP may have with respect to the subject matter
covered by this Consent Order, including, without limitation, any action to enforce this Consent
Order in an administrative or judicial proceeding.
17. This Consent Order shall not be construed or operate as barring, diminishing,
adjudicating, or in any way affecting, any legal or equitable right of MassDEP or Respondent
with respect to any subject matter not covered by this Consent Order.
18. This Consent Order shall be binding upon Respondent, successors and assigns.
Respondent shall not violate this Consent Order and shall not allow or suffer Respondent's
directors,officers, employees, agents, contractors or consultants to violate this Consent Order.
Until Respondent has fully complied with this Consent Order, Respondent shall provide a copy
of this Consent Order to each successor or assignee at such time that any succession or
assignment occurs.
19. In addition to the penalty set forth in this Consent Order(including any suspended
penalty),if Respondent violates any provision of the Consent Order, Respondent shall pay
stipulated civil administrative penalties to the Commonwealth in the amount of $100 per day for
each day, or portion thereof,each such violation continues.
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and
shall continue to accrue until the day Respondent corrects the violation or completes
performance,whichever is applicable. Stipulated civil administrative penalties shall accrue
regardless of whether MassDEP has notified Respondent of a violation or act of noncompliance.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid
within thirty (30) days of the date MassDEP issues Respondent a written demand for payment.
If simultaneous violations occur, separate penalties shall accrue for separate violations of this
Consent Order. The payment of stipulated civil administrative penalties shall not alter in any
way Respondent's obligation to complete performance as required by this Consent Order.
MassDEP reserves its right to elect to pursue alternative remedies and alternative civil and
criminal penalties which may be available by reason of Respondent's failure to comply with the
requirements of this Consent Order. In the event MassDEP collects alternative civil
administrative penalties, Respondent shall not be required to pay stipulated civil administrative
penalties pursuant to this Consent Order for the same violations.
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 4
Douglas Paine, Drinking Water Program
MassDEP
436 Dwight Street
Springfield,MA 01103
Such notices, submittals and other communications shall be considered delivered by Respondent
upon receipt by MassDEP:
10. Actions required by this Consent Order shall be taken in accordance with all applicable
federal, state, and local laws, regulations and approvals. This Consent Order shall
not be construed as, nor operate as, relieving Respondent or any other person of the necessity of
complying with all applicable federal, state,and local laws,regulations and approvals.
11. For purposes of M.G.L. c. 2IA, § 16 and 310 CMR 5.00, this Consent Order shall also
serve as a Notice of Noncompliance for Respondent's noncompliance with the requirements
cited in Part II above. MassDEP hereby determines, and Respondent hereby agrees,that any
deadlines set forth in this Consent Order constitute reasonable periods of time for Respondent to
take the actions described.
12. Respondent shall pay to the Commonwealth the sum of two hundred and ninety dollars
($290.00) as a civil administrative penalty for the violations identified in Part II above, as
follows:
A. Within thirty (30) days of the effective date of this Consent Order,Respondent
shall pay to the Commonwealth one hundred and forty five dollars ($145.00); and
B. MassDEP hereby agrees to suspend payment of the sum of one hundred forty five
dollars ($145.00);provided,however,that if Respondent violates any provision of this Consent
Order, or further violates any of the regulations cited in Part II above, Respondent shall pay to
the Commonwealth the remaining amount of one hundred and forty five dollars ($145.00)within
thirty (30) days of the date MassDEP issues Respondent a written demand for payment. This
paragraph shall not be construed or operate to bar, diminish,adjudicate, or in any way affect,any
legal or equitable right of MassDEP to assess Respondent additional civil administrative
penalties, or to seek any other relief,with respect to any future violation of any provision of this
Consent Order or any law or regulation.
13. Respondent understands, and hereby waives, its right to an adjudicatory hearing before
MassDEP on, and judicial review of,the issuance and terms of this Consent Order and to notice
of any such rights of review. This waiver does not extend to any other order issued by the
MassDEP.
14. This Consent Order may be modified only by written agreement of the parties hereto.
•In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 7
25. This Consent Order shall become effective on the date that it is executed by MassDEP.
Consented To:
GLACIER WATER SERVICES,INC.
(V\j& --
Brian McInerney
President
Date: Mut ag a o 13
Issued By:
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: /fz
Michael
Regional irector
MassDEP
Date: 6/7
1,
W:\brplwslenforcement&compliancelACOs\Glacier Water 03-2013
In the Matter of: Glacial Water
ACOP-WE-13-5D001
Page 6
Respondent reserves whatever rights it may have to contest MassDEP's determination that
Respondent failed to comply with the Consent Order and/or to contest the accuracy of MassDEP's
calculation of the amount of the stipulated civil administrative penalty.Upon exhaustion of such
rights, if any,Respondent agrees to assent to the entry of a court judgment if such court judgment is
necessary to execute a claim for stipulated penalties under this Consent Order.
20. Respondent shall pay all civil administrative penalties due under this Consent Order,
including suspended and stipulated penalties, by certified check,cashier's check,or money order
made payable to the Commonwealth of Massachusetts, or by electronic funds transfer. If
payment is made by certified check, cashier's check, or money order, Respondent shall clearly
print on the face of its payment Respondent's full name, the file number appearing on the first
page of this Consent Order,and the Respondent's Federal Employer Identification Number, and
shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3982
Boston,Massachusetts 02241-3982
21. Failure on the part of MassDEP to complain of any action or inaction on the part of
Respondent shall not constitute a waiver by MassDEP of any of its rights under this Consent
Order. Further,no waiver by MassDEP of any provision of this Consent Order shall be
construed as a waiver of any other provision of this Consent Order.
22. To the extent authorized by the current owner, Respondent agrees to provide MassDEP,
and MassDEP's employees,representatives and contractors,access at all reasonable times to
River Valley Market for purposes of conducting any activity related to its oversight of this
Consent Order. Notwithstanding any provision of this Consent Order,MassDEP retains all of its
access authorities and rights under applicable state and federal law.
23. This Consent Order may be executed in one or more counterpart originals, all of which
when executed shall constitute a single Consent Order.
24. The undersigned certify that they are fully authorized to enter into the terms and
conditions of this Consent Order and to legally bind the party on whose behalf they are signing
this Consent Order.