FEE ay Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Western Regional Office +436 Dwight Street, Springfield MA 01103 + 413-784-1100
CChavles D. Baker Matthew. Beaton
Governor Secretary
Karyn E. Polo Martin Suuberg
LUeutenant Governor Commissioner
CERTIFIED MAIL:
Ms. Cynthia S, Scarano, Executive Vice President
Pan Am Railways
1700 Iron Horse Park
North Billerica, Massachusetts 01862-1692
RE: BAW-Waste Rail Ties - Hatfield
DEMAND FOR PAYMENT OF STIPULATED PENALTIES
ENR. No, 00005474
NOTICE OF DEMAND FOR PAYMENT OF STIPULATED PENALTY
Dear Ms, Scarano:
‘You (“you” or “your” refers to Pan Am Railways and Boston & Maine Railroad Corporation) are hereby
notified of the Department of Environmental Protection's (“MassDEP") intent to assess a Demand for
Payment of Stipulated Penalties against you for failing to comply with the terms and conditions of an
Administrative Consent Order (ACOP-WE-13-4003) entered into between you and MassDEP on March
18, 2013.
‘The reasons for the issuance of the Demand are explained in the enclosed documents. Please note that the
attached Demand pertains only to the waste rail ties described in the Demand; specifically, the waste rail
tie piles in Hatfield. MassDEP expects you to return to compliance at this site within 30 days of the date
of issuance of this Demand and will exercise enforcement discretion during this time period. If you have
not returned to compliance with the Administrative Consent Order at this location, within the timeframe
stipulated, additional penalties will accrue from this date forward for which MassDEP may issue further
Demand For Payment.
MassDEP has inspected other locations along the ral lines that you operate in the Commonwealth and
‘may, either in response to complaints or fires, or at its own discretion, initiate additional enforcement if
Pan Am does not come into compliance with Administrative Consent Order.
‘These documents contain appeal provisions, so please read them carefully. Failure to take adequate
action in response to this notice will result in serious legal consequences. Additionally, be advised that
MassDEP may issue a press release for this enforcement action.
‘This Information is avalalenallrnato format. Contact Michele Walers-Ekanem, Director of Diversy/Civ Rights at 617.292.5754,
TrveMassRelay Service 1-600-438-2370
MaseDEP Website woe mass gouSep
Pte on Recyed PaperIf you have any questions concerning this matter please feel free to contact Daniel Hall at (413)755-2212.
Sincerely,
he mee
Steven B. Ellis
Deputy Regional Director
Western Regional Office
Department of Environmental Protection
Date: _F ie
Certified Mail: 7016 0340 0000 4822 7297
ce: Daniel Hall, MassDEP/WERO
Peter Czapienski, MassDEP/WEROTRANSMITTAL FORM
PAYMENT OF STIPULATED PENALTY
Penalty issued to: Pan Am Railways and Boston & Maine Corporation (Hatfield) _
ACOP #: 00005474 (ACOP-WE-13-4003)
Date of Demand for Payment:
Amount of Demand for Payment: $30,000.00
SS# or FEIN#: = =
(Social Security/Federal Employee Identification Number)
Payment enclosed: $ by certified or cashier's check or money order made out to the
Commonwealth of Massachusetts. I understand that payment alone may not constitute compliance.
Signed this___day of 2018,
(Signature)
Print Name:
Title:
Address:
Phone: (
Send this form with your payment to:
Commonwealth of Massachusetts, Department of Environmental Protection, Commonwealth
‘Master Lockbox, P.O. Box 3982, Boston, MA 02241-3982.
Please carefully read and follow the instructions for payment set forth in the Demand for Payment,
as it may require additional actions not described in this form.