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Romney Administration in Massachusetts Uses Innovative GIS Technology To Take Aim At Illegal Wetlands Destruction

Enforcement cases in Amesbury and Billerica result in fines totaling over $280,000

The Romney Administration has a powerful new tool to protect wetlands in the Commonwealth. State environmental officials have launched a wetlands enforcement initiative to target illegal wetlands destruction and take enforcement action to get the environmental damage repaired and deter future wetlands violations.

http://www.state.ma.us/dep/pao/news/itenfrc.htm

The Executive Office of Environmental Affairs (EOEA) and the Department of Environmental Protection (DEP) unveiled this innovative technology today, and announced that the first wetlands enforcement cases, which are located in Amesbury and Billerica, have resulted in penalties totaling over $280,000.

Using new, cutting-edge technology, DEP is analyzing aerial photographs taken years apart to identify wetlands that have been filled illegally. This state-of-the-art approach allows DEP to find filled wetland areas that were previously inaccessible from the ground.

“The use of aerial photography will not only assist in the successful prosecution of those who flout environmental law, but should put others on notice that illegal wetland destruction will not go unnoticed,” said EOEA Secretary Ellen Roy Herzfelder. “The Romney Administration will continue to innovate wherever possible to protect the environment in more resourceful and effective ways.”

“Illegal filling of wetlands deprives the public of the many benefits wetlands provide,” said DEP Commissioner Robert W. Golledge, Jr. “We intend to put a stop to these illegal activities by getting the word out that we can find violators and that we will not only require restoration, but also impose stiff penalties.”

Golledge explained that the cases announced today are just the beginning of DEP’s efforts to remedy past filling activities and prevent future illegal destruction of wetlands all across the state.

This innovative method of tracking wetlands violations is a culmination of over a decade of intense effort. Since 1990, DEP has been analyzing detailed statewide aerial photographs of wetlands to identify wetlands acreage and types throughout the Commonwealth. However, DEP previously lacked the technology to compare older to newer maps to systematically locate areas where wetlands were destroyed. Now DEP’s skilled aerial photomap interpreters can perform sophisticated computer analyses that add a whole new dimension to DEP’s enforcement arsenal.

Protecting wetlands is important to the state because wetlands serve as natural pollutant filters that protect drinking water and groundwater supplies, buffer against floods and storms, and provide valuable wildlife, fisheries and shellfish habitat. The work that wetlands do for the public far surpass what can be man-made or engineered to compensate for their loss.

Under the wetlands enforcement initiative, two cases have already moved forward:

New England Concrete (NEC), Amesbury
DEP has entered into an agreement with New England Concrete in Amesbury for violations of the Wetlands Protection Act and the Solid Waste Management Act. NEC filled nearly an acre of bordering vegetated wetland with 8-10 feet of fill on one portion of their site and deposited and buried concrete rubble, tires and machinery within the 100-foot buffer zone of the wetland on another portion of the site. In addition to filling the wetland, working in the buffer zone, and failing to obtain the necessary solid waste permits, NEC allowed silt-laden storm water to discharge into the wetland and cause further damage to the resource area.

Once the violation was discovered, the owner of the property has cooperated in negotiations with DEP by agreeing to a fine of $100,000, to restore the filled area, and to fund some additional environmental protection projects. Under the parties’ agreement, NEC will restore the wetland, develop a storm water management plan, develop a solid waste management plan, audit environmental compliance at another site, and implement an invasive species control plan. If NEC satisfactorily restores the wetland and develops the plans, $50,000 of the $100,000 penalty will be suspended.

Holland Used Auto Parts, Billerica
DEP alleges that almost two acres of wetlands were de-vegetated and filled on a site within rare and endangered species habitat. The wetlands alteration is located near a public drinking water supply and abuts a state forest. The violations consist of a series of unpermitted alterations of wetlands and floodplains, including de-vegetation and placing fill that occurred over the course of several years.

In addition, DEP alleges that a massive concrete wall was built, snaking for over 1,000 feet through the wetland, buffer zone and floodplain; a building was constructed on filled wetlands; and a trench was excavated that discharges contaminated storm water to the wetlands. Furthermore, Holland’s Used Auto Parts had previously been issued enforcement orders related to wetlands and floodplain alterations by the local Board of Health and Conservation Commission. Given the extent of the alleged violations, DEP has issued a penalty of approximately $180,000 and will require restoration of the site.

DEP will continue to use a multi-pronged approach to prevent illegal wetlands destruction. In addition to taking aggressive enforcement for illegal wetlands filling discovered through this new method, DEP will support local conservation commissions in deterring future violations. DEP also partners with the Office of the Attorney General to prosecute the state’s most egregious civil and criminal environmental cases.

The Department of Environmental Protection is responsible for ensuring clean air and water, safe management of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.

CONTACT:

(617) 292-5737

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