Great Barrington — Since 2003, the Massachusetts Department of Environmental Protection (MassDEP) has cited Housatonic Water Works (HWW) a total of 18 times for various violations.
While each violation did not result in a fine, the company has been fined a total of $34,205 since 2016.
According to MassDEP’s website, the company was fined on the following dates:
- May 9, 2016: $12,500 fine due to a MassDEP order with penalty;
- August 23, 2018: $5,750 fine due to an administrative consent order with penalty;
- June 24, 2019: $750 fine in a demand action from MassDEP;
- September 18, 2019: $5,000 fine in a demand action from MassDEP; and
- November 5, 2024: $10,205 fine from a penalty assessment notice.
The Berkshire Edge has sent a public information request to MassDEP for complete details about the company’s fines.
Some documents published online, however, reveal details about MassDEP’s previous violations against HWW:
- February 17, 2016: As reported by The Berkshire Edge, the company was cited for various violations of water-quality monitoring and reporting. HWW was fined $12,500 by MassDEP three months later.
- August 23, 2018: According to a document on the state’s website, “MassDEP executed a Consent Order with a $5,750 Penalty involving Housatonic Water Works for Water Supply violations in Great Barrington. The order includes measures to address lead and copper action level exceedances at this Public Water System serving approximately 1,400 customers.” The order set a schedule for the permitting and installation of a corrosion-control system, and it noted that the penalty was suspended provided that HWW complete the installation of the system. See document here. However, these fines were reinstated in 2019, as explained below.
- May 24, 2019: MassDEP fined HWW $750 for noncompliance for failing to install the corrosion-control system. On September 18, 2019, MassDEP reinstituted its previous $5,000 penalty for HWW’s failure to install the corrosion-control system, with a total fine of $5,750. See document here.
The company’s most recent fine, as widely reported by local media, is a $10,205 penalty assessment notice that MassDEP issued on November 5.
MassDEP previously cited HWW for withholding poor manganese test results on October 8,.
The order, which was issued by MassDEP Regional Director Michael Gorski, stated that the company withheld its July results. According to Gorski, on July 24, HWW collected a water sample from 314 North Plain Road to be analyzed for iron, manganese, color, alkalinity, and total dissolved solids. The samples were collected by the Lee-based Housatonic Basin Sampling & Testing.
On August 5, on behalf of HWW and Housatonic Basin Sampling, Microbac Laboratories of Lee provided MassDEP with the color, alkalinity, and total dissolved solids test results; however, the test results for manganese and iron were missing.
In response, the company told MassDEP that the iron and manganese results were being analyzed by a different laboratory, that “results were expected that week, and HWW would ensure that MassDEP would receive those results.”
According to Gorski, MassDEP never received those results.
Weeks later, on September 10, Eurofins Lab of Framingham, Mass., submitted to MassDEP iron and manganese level results from August 26 from the same sampling location on North Plain Road. The test results indicated that the manganese level was 0.025 milligrams per liter, which is lower than state guidelines of 0.3 milligrams per liter.
On September 24, MassDEP contacted Housatonic Basin Sampling & Testing and Eurofins Lab requesting the companies provide the iron and manganese sample results from July 24. Those results, which were finally provided by Eurofins Lab, showed that the July 24 manganese level was at a concentration of 0.74 milligrams per liter, exceeding state guidelines of 0.3 milligrams per liter.
Gorski found that, because HWW did not provide MassDEP with sampling results from July 24 as required by previous correspondence in August 2018 and August 2020, the company violated two state statutes regarding drinking-water regulations, including a regulation that allows MassDEP to determine the monitoring frequency for contaminants and a regulation limiting the allowable level of manganese in drinking water.
In a letter outlining the fines sent to company treasurer on November 5, Gorski wrote that the violations “were willful” and not the result of any errors.
The company was cited for violating four Massachusetts Drinking Water Regulations, including:
- A $8,625 fine for violating 310 CMR 22.03(1)(b) under the “compliance” section;
- A $290 fine for violating 310 CMR 22.03(2) under the “compliance” section;
- A $290 fine for violating 310 CMR 22.15(2) under the “general reporting requirements” section; and
- A $1,000 fine for violating 310 CMR 22.16(3) under the “Public Notification Requirements” section.
See PDF with relevant regulations here.
In an email, MassDEP Regional Project Analyst Sean Gonsalves confirmed that the company has paid the penalties that have been assessed.
