Mass. man must pay $38K civil penalty

Bryan Cohen Apr. 3, 2012, 1:18pm


BOSTON (Legal Newsline) - Massachusetts Attorney General Martha Coakley announced a settlement on Monday with a Middleborough landowner resolving allegations that he ignored a Massachusetts Department of Environmental Protection clean-up order.

James H. Pollack, Jr., must pay a $38,000 civil penalty, and must ensure ensure that oil and hazardous material allegedly released on his property is cleaned up properly and does not present a risk to the environment and human health.

"The law requires individuals responsible for the release of oil or hazardous material into the environment to conduct and pay for the cleanup of their contaminated properties in accordance with the commonwealth's environmental laws," Coakley said.

The property was formerly used for manufacturing and was the site of an oil spill from an underground tank. The spill resulted in the release of gallons of oil into the environment. Groundwater and soil samples taken from the property confirmed that oil and other hazardous materials caused contamination on the site. After an environmental assessment report, MassDEP confirmed hazardous material was released on the property and listed the site on its transition list.

Despite repeated demands for compliance from MassDEP, Pollack allegedly ignored orders to clean up the release of oil on his property. For allegedly violating the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Pollack must bring his Middleborough property into compliance with the regulations of MassDEP known as the Massachusetts Contingency Plan.

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