COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS SUPERIOR COURT

CIVIL ACTION NO.

.p

COMMONWEALTH OF MASSACHUSETTS,

Plaintiff,

v. COMPLAINT

RUSSELL A. MEHL, JR.; KAREN L. MEHL;

LEGEND LAWN CARE, INC.; TRUCK CRANE
SERVICE, INC.; and MICRO ABRASIVES
CORP.,
ZD
Defendants.

INTRODUCTION

1. From 2001 to the present, Russell and Karen Mehl ("the Mehls") altered or

destroyed more than 3,400 linear feet of stream bank and approximately five acres of bordering

vegetated wetland on their property in Russell, Massachusetts, in violation of the Wetlands

Protection Act, G.L. c, 131, § 40 ("WPA"), and its implementing regulations.

2. The Mehls clear-cut approximately 27 acres of forest and filled and graded the

property—including stream bank and wetlands—using 14,423 cubic yards of aluminum oxide

fill disposed of at the site by the Mehls, Truck Crane Service, Inc. ("TCS"), and Micro Abrasives

Corp. ("Micro Abrasives"), and other solid waste disposed of at the site by the Mehls and

Legend Lawn Care, Inc. ("Legend"), in violation of the Solid Waste Act, G.L. c. Ill, § 150A

("SWA"), and its implementing regulations,

3. The Commonwealth seeks an order (1) enjoining the Mehls from further

alterations or filling of the wetlands and stream bank; (2) enjoining the Mehls, TCS, Micro

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Abrasives, and Legend from further disposal of solid waste at the property; (3) requiring the

Mehls, TCS, Micro Abrasives, and Legend to pay civil penalties for the violations; and (4)

requiring the Mehls, TCS, Micro Abrasives, and Legend to remove the aluminum oxide fill and

other solid waste and restore the altered wetlands and streams to their former condition.

JURISDICTION AND VENUE

4. This court has jurisdiction over the subject matter of this action and the authority

to grant the relief requested pursuant to G.L. c. 131, § 40 and G.L. c. 111, § 150A. Venue lies in

Suffolk Superior Court pursuant to G.L. c. 223, § 5.

PARTIES

5. The Plaintiff is the Commonwealth, appearing by and through the Attorney

General and the Massachusetts Department of Environmental Protection ("MassDEP").

6. The Attorney General, with her principal office at One Ashburton Place, Boston,

Massachusetts, is the Chief Legal Officer of the Commonwealth and is authorized to bring this

action under G.L. c. 12, §§ 3, 5, and 1 ID.

7. MassDEP is an agency of the Commonwealth charged with administering and

enforcing the Commonwealth's environmental laws. MassDEP maintains its principal offices at

One Winter Street, Boston, Massachusetts.

8. Legend is a Massachusetts corporation with its registered office at 514 Blandford

Road, Russell, Massachusetts.

9. Russell A. Mehl, Jr., is the owner and registered agent of Legend and the co-

owner of 514 Blandford Road in Russell, Massachusetts. He resides at 514 Blandford Road in

Russell, Massachusetts.

10. Karen L. Mehl is the co-owner of 514 Blandford Road in Russell, Massachusetts.

She resides at 514 Blandford Road in Russell, Massachusetts.

 11. Micro Abrasives is a Massachusetts corporation with its principal office at 720

Southampton Road in Westfield, Massachusetts.

12. TCS is a Massachusetts corporation with its principal office at 20 Fairfield

Avenue in Westfield, Massachusetts.

LEGAL AND REGULATORY FRAMEWORK

13. The WPA and its implementing regulations, 310 C.M.R. 10.00 et seq., safeguard

the Commonwealth's wetland resources. Wetlands provide valuable habitats for wildlife, natural

management and filtration of groundwater and drinking water supplies, and protection against

flooding and storm damage, among other benefits. The WPA and its implementing regulations

protect these benefits by requiring public review of any proposed activity that will remove, fill,

dredge, or alter the Commonwealth's wetlands or any area within a 100-foot "buffer zone" of a

wetland.

14. The SWA and its implementing regulations, 310 C.M.R. 16.00 et seq. and 19.00

et seq., regulate the siting and operation of solid waste disposal sites in the Commonwealth. The

SWA prohibits the establishment, expansion, and operation of a solid waste disposal facility

without a site-assignment from the local Board of Health and a valid permit from MassDEP. The

SWA also generally prohibits the disposal of solid waste outside of permitted solid waste

disposal facilities. The SWA's regulations do provide for the use or disposition of solid waste

outside of solid waste disposal facilities in certain circumstances, if done in accordance with the

conditions set by MassDEP in a Beneficial Use Determination.

FACTS

The Mehl Property

15. On September 25, 2001, the Mehls purchased 514 Blandford Road in Russell,

Massachusetts ("Mehl Property").

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 16. The Mehl Property is a large, roughly square parcel of more than 100 acres.

Blandford Road, the Massachusetts Turnpike, and Potash Brook bound the Mehl Property to the

south. Other wooded parcels of private land bound the Mehl Property to the west, north, and east.

The Mehl Property generally slopes downward from north to south. A home, garage, and several

outbuildings are located in the property's southeastern comer. The Mehl Property is and has been

residentially zoned since the Mehls purchased it in 2001.

17. The Mehl Property was mostly wooded when the Mehls purchased it in 2001.

Two unnamed intermittent streams ("Western Stream" and "Eastern Stream") ran north to south

in roughly parallel channels in the central portion of the Mehl Property. The Eastern and Western

Streams discharged into Potash Brook immediately to the south of the Mehl Property. Potash

Brook discharges into the Westfield River about a mile to the east of the Mehl Property.

18. The Massachusetts Division of Fisheries and Wildlife ("MassWildlife") has

designated Potash Brook a Coldwater Fish Resource (stream identification number 3209725).

Coldwater Fish Resources are habitats for trout and other coldwater fish and are particularly

sensitive to changes in land and water use. MassWildlife stocks Potash Brook with trout for the

public to catch. MassWildlife also stocks the Westfield River, which is also a Coldwater Fish

Resource (number 3208250), with trout for the public.

19. The Mehl Property also included land bordering on the banks of the Eastern and

Western Streams that exhibited saturated and/or inundated soils and a predominance of wetland

indicator plants ("Bordering Vegetated Wetlands").

20. The Mehls have never applied for and the Russell Board of Health has never

issued a site assignment allowing the Mehls to maintain or operate a solid waste disposal facility

at the Mehl Property.

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 21. The Mehls have never applied for and MassDEP has never issued a permit

allowing the Mehls to operate or maintain a solid waste disposal facility at the Mehl Property.

Micro Abrasives's and TCS's Beneficial Use Determinations for Micro Abrasives's Flocced
Aluminum Oxide

22. Micro Abrasives designs, manufactures, and sells abrasive powders for

applications in a wide variety of industries.

23. A byproduct of Micro Abrasives's manufacturing process is flocced aluminum

oxide, consisting of aluminum oxide powder that is too fine for use in Micro Abrasives's

products, separated from the water used in the manufacturing process.

24. In October 1998, Micro Abrasives applied for a Beneficial Use Determination

from MassDEP for the flocced aluminum oxide, requesting permission to stockpile the flocced

aluminum oxide on Micro Abrasives's property until it could be sold to other manufacturers.

25. In December 1998, MassDEP issued a Beneficial Use Determination to Micro

Abrasives ("Micro Abrasives BUD"), allowing Micro Abrasives to store the flocced aluminum

oxide on its premises, pending transport to other manufacturers.

26. Consistent with regulations, the Micro Abrasives BUD allows Micro Abrasives to

store the flocced aluminum oxide only "in such a manner that it does not become a solid waste."

27. In or about early 2001, Micro Abrasives and TCS—a demolition, excavation, and

trucking company-—agreed that TCS would produce sub-grade fill material using Micro

Abrasives's flocced aluminum oxide ("aluminum oxide fill").

28. On July 17, 2001, TCS applied for a Beneficial Use Determination, proposing to

use Micro Abrasives's flocced aluminum oxide to produce aluminum oxide fill.

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 29. On October 12, 2001, MassDEP issued a Beneficial Use Determination to TCS

("TCS BUD"), allowing TCS to mix the flocced aluminum oxide from Micro Abrasives with

bank run sand at a gravel pit at Boisseau Farm in Westfield, to produce the aluminum oxide fill.

30. Consistent with regulations, the TCS BUD states that the flocced aluminum oxide

"is NOT classified as solid waste ONLY when it is used in accordance with the requirements set

forth in this determination. The material shall not be handled or utilized in a manner that will

result in the material becoming a solid waste." (Emphasis original.) The TCS BUD also states,

consistent with regulations, that the beneficial use of the flocced aluminum oxide must be in

compliance with other applicable state and federal laws and regulations.

31. TCS began producing aluminum oxide fill using flocced aluminum oxide from

Micro Abrasives pursuant to the TCS BUD in 2001 and continued through 2016.

Dumping of Aluminum Oxide Fill at the Mehl Property

32. In or about the spring of 2003, the Mehls approached TCS, looking for

inexpensive fill for the Mehl Property.

33. TCS and the Mehls agreed that TCS would provide aluminum oxide fill to the

Mehls for use at the Mehl Property.

34. From 2003 through at least 2014, TCS delivered at least 14,423 cubic yards of the

aluminum oxide fill to the Mehl Property, as follows:

Year Aluminum Oxide Fill

Delivered by TCS to the Mehl Property
(cubic yards)
2003 684
2004 594
2005 756
2006 918
2007 1,188
2008 Amount Not Reported
2009 999

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 Year Aluminum Oxide Fill
Delivered by TCS to the Mehl Property
(cubic yards)
2010 1,677
2011 1,341
2012 2,246
2013 3,555
2014 465
Total 14,423

35. At all relevant times, Micro Abrasives knew that TCS was delivering the

aluminum oxide fill to the Mehl Property.

36. The aluminum oxide fill remains in place on the Mehl Property.

Violations of the Micro Abrasives and TCS Beneficial Use Determinations

37. From 2003 through at least 2014, TCS delivered and the Mehls used the

aluminum oxide fill at the residentially-zoned Mehl Property, without first notifying the Russell

Board of Health, in violation of the terms of the TCS BUD,

38. From 2002 through 2017, TCS and Micro Abrasives produced the aluminum

oxide fill at Micro Abrasives's facility in Westfield, Massachusetts, rather than at the Boisseau

Farm gravel pit, in violation of the terms of the TCS BUD and the Micro Abrasives BUD.

39. From 2008 through at least 2014, TCS added wood chips and sawdust obtained

from lumber yards to the aluminum oxide fill mix, rather than only clean, bank run sand, in

violation of the terms of the TCS BUD.

40. For the years 2002 through 2007, TCS failed to submit annual summary reports to

MassDEP, in violation of the terms of the TCS BUD and regulations.

41. When TCS submitted annual summary reports to MassDEP for the years 2008

through 2014, TCS failed to submit the reports by February 15 of the following year and instead

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submitted them between roughly three weeks and three months late each year, in violation of the

terms of the ICS BUD.

42. In the report submitted to MassDEP for 2008, TCS failed to state the amount of

aluminum oxide fill it distributed that year, in violation of the terms of the TCS BUD and

regulations.

Illegal Dumping of Additional Solid Waste at the Mehl Property by Legend and the Mehls

43. The Mehls dumped or allowed the dumping of construction and demolition debris

at the Mehl Property between 2001 and 2017, including oversized and reinforced concrete

rubble, painted concrete, concrete patio and wall blocks, ceramic tile, painted window frames,

pressure-treated wood, and fiberglass-coated plywood.

44. The Mehls and Legend also dumped leaf and yard waste and other debris at the

Mehl Property between 2001 and 2017 that Legend removed from the properties of its

customers. The Mehl Property was not registered with the Department of Agricultural Resources

as an agricultural composting facility until December 2014.

45. The Mehls also dumped or allowed the dumping of scrap metals, plastic, tires, a

mattress, and other waste ("other waste materials") at the Mehl Property between 2001 and 2017.

The Mehls' Illegal Filling and Alteration of Bordering Vegetated Wetlands, Stream Banks, and
Associated Buffer Zones

46. Between 2001 and 2017, the Mehls clear-cut trees and other vegetation from

approximately 27 acres of the Mehl Property, in the central portion of the property.

47. Between 2003 and 2017, the Mehls and Legend filled and graded those 27 acres

using the aluminum oxide fill provided by TCS and Micro Abrasives and the materials described

in paragraphs 43 through 45.

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 48. The Mehls and Legend built up a large area in the center of the Mehl Property,

using the aluminum oxide fill and materials described in paragraphs 43 through 45, piled up to

thirty feet deep in the south-central portion of the property, to lessen the natural slope of the land.

49. The clear-cut, filled, and graded 27 acres included portions of the Bordering

Vegetated Wetlands along the banks of the Eastern and Western Streams, described in paragraph

19.

50. The clear-cut, filled, and graded 27 acres also included areas within 100 feet of

the Bordering Vegetated Wetlands ("Wetlands Buffer Zone").

51. The Mehls' and Legend's clear-cutting, filling, and grading of portions of the

Bordering Vegetated Wetlands and Wetlands Buffer Zone destroyed wildlife habitat and

vegetation and changed water levels, drainage characteristics, and sedimentation and flow

patterns of approximately five acres of the Bordering Vegetated Wetlands.

52. The clear-cut, filled, and graded 27 acres also included portions of the banks of

the Eastern and Western Streams and areas within 100 feet of the banks of the Eastern and

Western Streams ("Stream Bank Buffer Zone").

53. In addition to clearing, filling, and grading portions of the Stream Bank Buffer

Zone, the Mehls and Legend removed trees and other vegetation from, dumped the aluminum

oxide fill and materials described in paragraphs 43 through 45 onto, and installed road crossings

over the banks of the Eastern and Western Streams.

54. These activities destroyed wildlife habitat and vegetation and changed drainage

characteristics, sedimentation and flow patterns, and surface water characteristics of

approximately 3,466 linear feet of the banks of the Eastern and Western Streams, thereby

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changing the physical, biological and chemical characteristics of the receiving water (i.e.. Potash

Brook).

55. The Mehls and Legend failed to submit a Notice of Intent or a Request for a

Determination of Applicability to MassDEP or the Russell Conservation Commission prior to

undertaking these activities in the Bordering Vegetated Wetlands, the Wetlands Buffer Zone, the

banks of the Eastern and Western Streams, and the Stream Bank Buffer Zone.

56. The Mehls and Legend have not restored the Bordering Vegetated Wetlands, the

Wetlands Buffer Zone, the banks of the Eastern and Western Streams, or the Stream Bank Buffer

Zone to their original condition.

57. The aluminum oxide fill and the materials described in paragraphs 43 through 45

placed in the Bordering Vegetated Wetlands, the Wetlands Buffer Zone, on and over the banks

of the Eastern and Western Streams, and in Stream Bank Buffer Zone remains in place.

CAUSES OF ACTION

COUNT I: VIOLATIONS OF THE WETLANDS PROTECTION ACT, G.L. C. 131,

§ 40, AND ITS IMPLEMENTING REGULATIONS

58. The Commonwealth realleges the allegations set forth in paragraphs 1 through 57.

59. The WPA and its implementing regulations, 310 C.M.R. 10.00 et seq., provide

that no person shall remove, fill, dredge, or alter areas subject to protection under the WPA (with

certain exemptions, not relevant here) without first filing a Notice of Intent with and receiving

authorization from the appropriate Conservation Commission or MassDEP. 310 C.M.R.

10.02(1)(2); see also 310 C.M.R. 10.05(4) through (7).

60. Areas subject to the protection of the WPA and its regulations include banks and

freshwater wetlands bordering on any stream. 310 C.M.R. 10.02(1).

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 61. The WPA's implementing regulations also require that all activities conducted

within a "buffer zone" that will alter areas subject to protection under the WPA (with certain

exemptions, not relevant here) require the filing of a Notice of Intent. 310 C.M.R. 10.02(2)(b).

The "buffer zone" is an area within 100 feet of an area subject to protection by the WPA. Id.

62. The WPA also provides that no person will cause, suffer, or allow the removal,

filling, dredging, or alteration of areas subject to protection under the WPA without required

notice and authorization.

63. Likewise, the WPA provides that no person will leave unauthorized fill in place or

otherwise fail to restore illegally altered land to its original condition.

64. The WPA specifically provides that this Court may restrain violations of the WPA

and may enter such orders as it deems necessary to remedy the violations, including orders to

restore the altered property to its original condition.

65. The WPA also states that any person who violates any provision of the WPA shall

be subject to a maximum civil penalty of twenty-five thousand dollars ($25,000) per violation

and that each day a violation continues constitutes a separate offense.

Illegal Alteration of Stream Banks and Associated Buffer Zones

66. The Commonwealth realleges the allegations set forth in paragraphs 1 through 65.

67. The Mehls, Legend, TCS, and Micro Abrasives are "person[s]," as the WPA

defines that term.

68. The Eastern and Western Streams are "stream[s]," as 310 C.M.R. 10.04 defines

that term.

69. The banks of the Eastern and Western Streams are "bank[s]," as 310 C.M.R.

10.54(2) defines that term.

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 70. The banks of the Eastern and Western Streams "border[]" on the Eastern and

Western Streams, as 310 C.M.R. 10.04 defines that term.

71. The banks of the Eastern and Western Streams are "areas subject to protection

under M.G.L. c. 131, §40," as defined by 310 C.M.R. 10.02(l)(a).

72. The Stream Bank Buffer Zone is a "buffer zone," as defined by 310 C.M.R.

10.02(2)(b).

73. By removing trees and other vegetation from the banks of the Eastern and

Western Streams and the Stream Bank Buffer Zone, the Mehls "alter[ed]" the banks of the

Eastern and Western Streams, as 310 C.M.R. 10.04 defines that term.

74. By dumping aluminum oxide fill and the materials described in paragraphs 43

through 45 onto the banks of the Eastern and Western Streams and the Stream Bank Buffer

Zone, thereby changing their drainage characteristics, sedimentation and flow patterns, and

surface water characteristics, the Mehls and Legend "filljed]" and "alter[ed]" the banks of the

Eastern and Western Streams, as 310 C.M.R. 10.04 define those terms.

75. By installing road crossings across the banks of the Eastern and Western Streams,

thereby changing their drainage characteristics, sedimentation and flow patterns, and surface

water characteristics, the Mehls "alter[ed]" the banks of the Eastern and Western Streams, as 310

C.M.R. 10.04 defines that term.

76. By delivering aluminum oxide fill at the Mehl Property for the Mehls to use in

filling and altering the banks of the Eastern and Western Streams, TCS and Micro Abrasives

"cause[d], suffered], or allow[ed]" the filling and alteration of the banks of the Eastern and

Western Streams, as defined by the WPA.

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 77. By filling and altering the banks of the Eastern and Western Streams or causing,

suffering, or allowing such activity, without first filing a Notice of Intent, the Mehls and Legend

violated 310 C.M.R. 10.02(2)(a), 310 C.M.R. 10.05(4)(a), and the WPA,

78. By undertaking activities within the Stream Bank Buffer Zone that altered the

banks of the Eastern and Western Streams or by causing, suffering, or allowing such activity,

without first filing aNotice of Intent, the Mehls and Legend violated 310 C.M.R. 10.02(2)(b),

310 C.M.R. 10.05(4)(a), and the WPA.

79. By "caus[ing], suffer[ing], or allowing]" the filling and altering of the banks of

the Eastern and Western Streams without the filing of a Notice of Intent, LCS and Micro

Abrasives violated the WPA.

80. By failing to remove the unauthorized fill from the banks of the Eastern and

Western Streams and the Stream Bank Buffer Zone or otherwise restore the banks of the Eastern

and Western Streams and the Stream Bank Buffer Zone to their original condition, the Mehls,

TCS, Micro Abrasives, and Legend violated the WPA.

Illegal Alteration of Bordering Vegetated Wetlands and Associated Buffer Zones

81. The Commonwealth realleges the allegations set forth in paragraphs 1 through 80.

82. The Bordering Vegetated Wetlands are "freshwater wetlands," as the WPA

defines that term.

83. The Bordering Vegetated Wetlands "border[]" on the Eastern and Western

Streams, as 310 C.M.R. 10.04 defines that term.

84. The Bordering Vegetated Wetlands are "bordering vegetated wetland[s]," as 310

C.M.R. 10.55(2) defines that term.

85. The Bordering Vegetated Wetlands are "areas subject to protection under M.G.L.

c. 131, § 40," as defined by 310 C.M.R. 10.02(l)(a).

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 86. The Wetlands Buffer Zone is a "buffer zone," as defined by 310 C.M.R.

10.02(2)(b) and 10.04.

87. By removing trees and other vegetation from the Bordering Vegetated Wetlands

and the Wetlands Buffer Zone, the Mehls "alter[ed]" the Bordering Vegetated Wetlands, as 310

C.M.R. 10.04 defines that term.

88. By filling and grading the Bordering Vegetated Wetlands and the Wetlands

Buffer Zone using solid waste and other fill material, thereby changing their drainage

characteristics and sedimentation and flow patterns, the Mehls and Legend "fill[ed]" and

"alter[ed]" the Bordering Vegetated Wetlands, as 310 C.M.R. 10.04 define those terms.

89. By delivering aluminum oxide fill at the Mehl Property for the Mehls to use in

filling and altering the Bordering Vegetated Wetlands, TCS and Micro Abrasives "cause[d],

suffered], or allow[ed]" the filling and alteration of the Bordering Vegetated Wetlands, as

defined by the WPA.

90. By filling and altering the Bordering Vegetated Wetlands or causing, suffering, or

allowing such activity, without first filing a Notice of Intent, the Mehls and Legend violated 310

C.M.R. 10.02(2)(a), 310 C.M.R. 10.05(4)(a), and the WPA.

91. By undertaking activities within the Wetlands Buffer Zone that altered the

Bordering Vegetated Wetlands or by causing, suffering, or allowing such activity, without first

filing a Notice of Intent, the Mehls and Legend violated 310 C.M.R. 10.02(2)(b), 310 C.M.R.

10.05(4)(a), and the WPA.

92. By "caus[ing], suffering], or allow[ing]" the filling and alteration of the

Bordering Vegetated Wetlands without the filing of a Notice of Intent, TCS and Micro Abrasives

violated the WPA.

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 93. By failing to remove the unauthorized fill from the Bordering Vegetated Wetlands

and the Wetlands Buffer Zone or otherwise restore the Bordering Vegetated Wetlands and the

Wetlands Buffer Zone to their original condition, the Mehls, TCS, Micro Abrasives, and Legend

violated the WPA.

COUNT II: VIOLATIONS OF THE SOLID WASTE DISPOSAL ACT, G.L, c. Ill,
§ 150A, AND ITS IMPLEMENTING REGULATIONS

94. The Commonwealth realleges the allegations set forth in paragraphs 1 through 93.

95. The SWA and its implementing regulations, 310 C.M.R. 16.00 e/and 19.00

et seq., prohibit any person from maintaining or operating a solid waste disposal facility at any

place not assigned by the local Board of Health.

96. The SWA and its implementing regulations further prohibit any person from

establishing, expanding, maintaining, or operating a solid waste disposal facility without first

receiving a permit from MassDEP.

97. The SWA and its implementing regulations also prohibit any person from

disposing or contracting for the disposal of solid waste or refuse at any place which MassDEP

has not permitted as a solid waste disposal facility.

98. The SWA and its implementing regulations allow solid waste to be used as a

secondary material in the production of a new product or commodity, if done in accordance with

a BUD issued by MassDEP.

99. The SWA provides that any person who violates the SWA or its implementing

regulations shall be subject to a civil penalty of up to twenty-five thousand dollars ($25,000) per

violation and that each day a violation occurs or continues is a separate offense.

Illegal Disposal of Flocced Aluminum Oxide

100. The Commonwealth realleges the allegations set forth in paragraphs 1 through 99.

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 101. The Mehls, TCS, and Micro Abrasives are "person[s]," as 310 C.M.R. 16.02 and

310C.M.R. 19.006 define that term.

102. Because the Mehls, TCS, and Micro Abrasives handled the flocced aluminum

oxide in violation of the terms of the TCS BUD and the Micro Abrasives BUD, the flocced

aluminum oxide at the Mehl Property is "solid waste or waste" and "refuse" as 310 C.M.R.

16.02, 310 C.M.R. 19.006, and 310 C.M.R. 19.060(10) define those terms.

103. By placing the flocced aluminum oxide at the Mehl Property, the Mehls, TCS,

and Micro Abrasives "dispos[ed]" of the flocced aluminum oxide at the Mehl Property, as 310

C.M.R. 16.02 and 310 C.M.R. 19.006 define that term.

104. By disposing of solid waste at the Mehl Property, which does not have a site

assignment from the Russell Board of Health and a permit from MassDEP, the Mehls, TCS, and

Micro Abrasives violated 310 C.M.R. 16.01(8)(a)(6), 310 C.M.R. 19.014(2), and the SWA.

105. By contracting for the disposal of solid waste at the Mehl Property, which

MassDEP has not approved as a solid waste disposal site, the Mehls, TCS, and Micro Abrasives

violated 310 C.M.R. 19.014(2) and the SWA.

Illegal Dumping of Additional Solid Waste

106. The Commonwealth realleges the allegations set forth in paragraphs 1 through

Construction and Demolition Debris

107. The construction and demolition debris described in paragraph 43 is "solid waste

or waste" and "refuse" as 310 C.M.R. 16.02, 310 C.M.R. 19.006, and 310 C.M.R. 19.060(10)

define those terms.

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 108. By dumping the construction and demolition debris described in paragraph 43 at

the Mehl Property, the Mehls "dispos[ed]" of the construction and demolition debris at the Mehl

Property, as 310 C.M.R. 16.02 and 310 C.M.R. 19.006 define that term.

109. By disposing of solid waste at the Mehl Property, which does not have a site

assignment from the Russell Board of Health and a permit from MassDEP, the Mehls are

violating 310 C.M.R. 16.01(8)(a)(6), 310 C.M.R. 19.014(2), and the SWA,

110. By contracting for the disposal of solid waste at the Mehl Property, which

MassDEP has not approved as a solid waste disposal site, the Mehls violated 310 C.M.R.

19,014(2) the SWA.

Leaf and Yard Waste

111. Legend is a "person," as 310 C.M,R, 16,02 and 310 C.M.R. 19.006 define that

term.

112. The leaf and yard waste described in paragraph 44 is "solid waste or waste," as

310 C.M.R, 16,02, 310 C.M.R, 19,006, and 310 C,M.R. 19,060(10) define those terms,

113. The leaf and yard waste described in paragraph 44 is "refuse," as 310 C,M,R,

19,006 and the SWA define that term,

114. By dumping the leaf and yard waste described in paragraph 44 at the Mehl

Property, Legend and the Mehls "dispos[ed]" of the leaf and yard waste at the Mehl Property, as

310C,M,R, 16,02 and 310 CM,R, 19,006 define that term,

115. By disposing of solid waste at the Mehl Property, which does not have a site

assignment from the Russell Board of Health and a permit from MassDEP, Legend and the

Mehls are violating 310 C,M,R, 16,01(8)(a)(6), 310 C,M.R. 19.014(2), and the SWA.

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 Other Waste Materials

116. The other waste materials described in paragraph 45 are "solid waste or waste," as

310 C.M.R. 16.02, 310 C.M.R. 19.006, and 310 C.M.R. 19.060(10) define those terms.

117. The other waste materials described in paragraph 45 are "refuse," as 310 C.M.R.

19.006 and the SWA define that term.

118. By dumping the other waste materials described in paragraph 45 at the Mehl

Property, the Mehls "disposjed]" of the other waste materials at the Mehl Property, as 310

C.M.R. 16.02 and 310 C.M.R. 19.006 define that term.

119. By disposing of solid waste at the Mehl Property, which does not have a site

assignment from the Russell Board of Health and a permit from MassDEP, the Mehls are

violating 310 C.M.R. 16.01(8)(a)(6), 310 C.M.R. 19.014(2), and the SWA.

ILLEGAL OPERATION OF A SOLID WASTE DISPOSAL FACILITY

120. The Commonwealth realleges the allegations set forth in paragraphs 1 through

119.

121. As a site used for the disposal of solid waste—the flocced aluminum oxide,

construction and demolition debris, the leaf and yard waste, and the other waste materials—the

Mehl Property is a "facility," as 310 C.M.R. 16.02, 310 C.M.R. 19.006, and the SWA define that

term.

122. As a facility or place used for the disposal of solid waste which is not established

or maintained pursuant to a valid site assignment or permit, the Mehl Property is a "dumping

ground," as 310 C.M.R. 19.006 defines that term.

123. Through their ownership of the Mehl Property and their control over the dumping

and use of the solid waste on the Mehl Property, Russell and Karen Mehl are "operator[s]" of a

facility at the Mehl Property, as 310 C.M.R. 16.02 and 310 C.M.R. 19.006 define that term.

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 124, Through their control over the dumping and use of the solid waste on the Mehl

Property and their failure to remove those materials, Russell and Karen Mehl "maintain" a

facility on the Mehl Property, as 310 C.M.R. 19.006 and the SWA define that term.

125. By operating and maintaining the Mehl Property as a facility without having

obtained a site assignment from the Russell Board of Health and a permit from MassDEP,

Russell Mehl and Karen Mehl are violating 310 C.M.R. 16.01(8)(a)(5), 310 C.M.R. 19.014(1),

and the SWA.

RELIEF REQUESTED

WHEREFORE, the Commonwealth requests that this Court:

A. Enjoin the Mehls from further alterations to or filling of any wetlands and stream

bank on the Mehl Property;

B. Enjoin the Mehls, Legend, TCS, and Micro Abrasives from any further disposal

of solid waste at the Mehl Property;

C. Order the Mehls, Legend, TCS, and Micro Abrasives to properly remove the

aluminum oxide fill and other solid waste and restore, to MassDEP's satisfaction,

the Wetlands, Wetlands Buffer Zone, the banks of the Eastern and Western

Streams, and the Stream Bank Buffer Zone to their original condition;

D. Order the Mehls, Legend, TCS, and Micro Abrasives to pay the Commonwealth a

civil penalty of twenty-five thousand dollars ($25,000) per day for each violation

of the WPA, the SWA, and the regulations promulgated under each, or such

penalty as the Court deems appropriate; and

E. Award any other or further relief which the Court deems proper.

19
 Respectfully Submitted,

COMMONWEALTH OF MASSACHUSETTS
MAURA HEALEY
ATTORNEY GENERAL

Peter C. MulcaWBBO No. 682958

Assistant Attorney General /
Environmental Protection Division
Office of the Attorney General
10 Mechanic Street, Suite 301
Worcester, MA 01608
(774)214-4455
peter.mulcahv@state.ma.us

20
 O&tiCE UitJb
OU- 6 $ - \ t
A' &}>
(>*o
COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss. SUPERIOR COURT

CIVIL ACTION NO.

COMMONWEALTH OF MASSACHUSETTS, )

Plaintiff, )

v. )

RUSSELL A. MEHL, JR.; KAREN L. MEHL; )

LEGEND LAWN CARE, INC.; TRUCK CRANE )
SERVICE, INC.; and MICRO ABRASIVES )
CORP., )
)
Defendants. )
. )

JOINT MOTION FOR ENTRY OF FINAL JUDGMENT

Plaintiff, the Commonwealth of Massachusetts ("Commonwealth"), and Defendants,

Russell A. Mehl, Jr., Karen L. Mehl, Legend Lawn Care, Inc., and Micro Abrasives Corp.,

jointly move this Court for entry of Final Judgment, pursuant to Massachusetts Rule of Civil

Procedure 58(a), in the form submitted with this Motion.

The Commonwealth also moves the Court to enter Final Judgment, pursuant to

Massachusetts Rule of Civil Procedure 58(a), as to Defendant Truck Crane Service, Inc., in the

form submitted with this Motion, and submits the Affidavit of Peter C. Mulcahy, attached as

Exhibit A, in support thereof.

1
 Respectfully submitted,

THE COMMONWEALTH OF
MASSACHUSETTS

By its Attorney:

MAURA HEALEY
ATTORNEY GENERAL

Peter C. K4lcal^BB6# 682958)

Assistant Attorney General
Environmental Protection Divisig
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
(617) 727-2200
peter,mulcahy@state.ma.us

2
 RUSSELL A. MEHL, JR., KAREN L. MEHL,
AND LEGEND LAWN CARE, INC.

By their Attorney;

Rebecca M. Thibault (Bl; I# 682096)

2
Doherty, Wallace, Pillsbury, & Murphy PC
1414 Main Street, Suite 1900
Springfield, MA 01144
(413) 733-3111
rthibault@dwpm.com

3
 MICRO ABRASIVES CORPORATION

By its Attorney:

Peter F. Duming (BBO# 658660)

Mackie Shea, P.C.
20 Park Plaza, Suite 1118
Boston, MA 02116
(617) 266-5700
pfd@lawmso.com

Date