Attorney General Martha Coakley Reaches Settlement with Commercial Property Owner in Hubbardston Over Alleged Violation of Safe Drinking Water Laws

BOSTON — Today, Attorney General Martha Coakley’s Office entered into a settlement agreement with Massachusetts-based North Andover Rosa Trust, resolving allegations it violated the Massachusetts Safe Drinking Water Act by operating a public water system at its Hubbardston property without approval from the Massachusetts Department of Environmental Protection (MassDEP). The trust leases space in a building on the property to commercial and municipal lessees, including a child day care center and the town’s fire department. Under the terms of the agreement, the trust must pay a civil penalty of $50,000 to the Commonwealth. The judgment also orders the trust to construct a new water supply well that complies with the state’s drinking water regulations.

“The Massachusetts Safe Drinking Water Act is intended to ensure the delivery of safe drinking water from public water systems to all residents of the Commonwealth,” said Attorney General Coakley. “Persons and entities who do not comply with the safe drinking water requirements put the public at risk of drinking contaminated water. These individuals must be held accountable and resolve noncompliance matters to ensure the health and well being of the public.”

The complaint, filed today in Suffolk Superior Court, alleges several violations of the state’s Safe Drinking Water Act. According to the complaint, MassDEP notified the trust in 2004 of its noncompliance with the state’s drinking water regulations and offered to resolve the alleged noncompliance in an administrative consent order and the payment of an administrative penalty of $29,460. The matter was referred to the Attorney General’s Office in 2005 when the trust refused to resolve the noncompliance administratively with MassDEP.

The complaint alleges the trust violated the Safe Drinking Water Act by providing water for human consumption from a public water system without MassDEP’s prior approval and operating a public water system without controlling all land within 250 feet of the well. Prior to finalizing today’s settlement agreement, the trust agreed to take immediate steps to ensure the safe provision of water by testing it for lead and coliform bacteria, and prohibiting parking around the water supply well. Today’s judgment requires the trust to continue taking these and other steps while it works to construct a new well that fully complies with the state’s drinking water regulations.

“The rules governing public water supplies are in place to ensure high quality drinking water for the public,” said MassDEP Commissioner Laurie Burt. “Upon discovery of these violations, MassDEP worked immediately to test this source and make sure that the public was not exposed to unsafe water. This settlement now requires the trust to take the next step and establish a permanent, safe and properly regulated water supply in compliance with state regulations.”

Assistant Attorney General Seth Schofield of Attorney General Martha Coakley’s Environmental Protection Division represented the Commonwealth in this case. Handling this case for MassDEP’s Central Regional Office were Paul Anderson, Deputy Regional Director for Resource Protection, Susan Landau, Environmental Analyst, and Mary Jude Pigsley and Salvatore M. Giorlandino of MassDEP’s Office of General Counsel.

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