NOTICE OF VIOLATION TO: Northstar Properties

NOTICE OF VIOLATION TO:

Northstar Properties, Northstar Centers, LLC C/O Marjorie Hession 532 Page Street Stoughton, MA 02072 -I

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The purpose of this Notice is to inform you that personnel of the Department of Environmental Protection ("DEP") have made observations or otherwise obtained information indicating that a violation of law has occurred at the property located at: LOCATION: Duska Center

Executive Boulevard South

Southington, CT

1.

Based upon an inspection of your site conducted by the Department of Environmental Protection, Bureau of Materials Management and Compliance Assurance, Water Permitting & Enforcement Division ("Department") on September 8, 2008, it appears that you have: a. Failed to stabilize all areas where construction has been suspended for more than seven days or when final grades are reached within three days, and failed to apply temporary seed on areas which have been inactive for more than 30 days (in accordance with the 2002 CT Guidelines for Soil Erosion and Sediment Control) pursuant to Section 6(b)(6)(C)(i)(l) of the General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities, issued October 1, 2002 and reissued October 1, 2007 (the general permit). b. Failed to install structural practices (such as earth dike diversions, drainage swales, sediment traps and basins, etc.) to divert flows away from exposed soils, store flows, and otherwise limit runoff and the discharge of pollutants pursuant to Section 6(b)(6)(C)(i)(2) of the general permit. c. Discharged sediment to the waters of the State without a permit in violation of Section 22a-430 of the Connecticut General Statutes. d. Failed to amend the Stormwater Pollution Control Plan as required by Section 6(b)(4) of the general permit.

1.1.

1.2.

1.

Additional Comments

Pursuant to La. and Lb. above, you must install and/or repair the silt fencing along the north side of Hart Street, and along the old route 84 east bound on ramp. Additionally, you must repair the check dams in the rip rap channel, sweep the West Street entrance to Hart Street, stabilize the slope where the storm water outfall daylights on the northern side of Hart Street and take any other measures necessary to prevent sediment from reaching the Eight Mile

2.

3.

River and the storm drain system. Erosion control measures must be installed and maintained to prevent vehicle tracking of sediment onto roads, the discharge of sediment into catch basins, and address the breach of the sediment basin adjacent to West Street.

Pursuant l.c. above, you must hire a certified soil scientist or wetlands biologist to assess the deposition of sediments in the watercourse adjacent to the route 84 east on ramp, the channel adjacent to the route 84 west off ramp, and all other wetlands and watercourses on the site. If necessary, you must develop a plan to remediate such impacts. Such plan must be submitted for review and approval by October 30, 2008. Please contact Bob Gilmore (DEP Inland Water Resources) at 860-424-3867 to determine if a State permit is needed to conduct remediation activities.

Pursuant to l.d. above, you must amend the Pollution Control Plan to address the lack of sufficient E & S controls at the northern corner of West and Hart Streets. Note that the general permit requires the installment of a sediment trap or basin for drainage areas greater than 2 or 5 acres respectively.

You should immediately correct the above violations l.a. through l.b. and address the items listed !lllder additional comrllent~, and within fifteen (15) days from the date of issuance of this Notice, submit a Compliance Statement on a form prescribed by the Department (copy enclosed) describing the details of the corrective action(s) and attach all applicable supporting documentation. Such submittal should be sent to the contact person identified below in paragraph D with a copy of such submittal and supporting documentation directed to Michael Fedak of the Environmental Protection Agency (lithe EPA") at the address given below in paragraph E. Until the DEP has received such a statement, the DEP will presume you remain in violation.

A.

Oth,er violations may exist; legal obligations. This Notice does not necessarily specify all violations of Connecticut environmental law or violations of any other legal requirements which may exist at the aforementioned property. This Notice does not preclude the DEP or other state, local or federal agencies from commencing any enforcement action regarding any such violations. Your facility may be inspected again pursuant to law and without additional prior notice to determine compliance with state and any applicable federal law. It is your responsibility to comply with all legal requirements, whether or not the DEP notifies you of any violations or takes any enforcement action against you. Nothing in this Notice relieves you of other obligations under applicable federal, state and local law.

B.

Enforcement action. Civil penalties of up to $25,000 may be assessed for each day of each violation under section 22a-438 of the Connecticut General Statutes. Notwithstanding the issuance of this Notice, the DEP may seek such penalties and may issue an order, seek an injunction, or take other legal action under Chapters 439 and 446k of the Connecticut General Statutes.

C.

No as~urance by Commissioner. No provision of this Notice and no action or inaction by the Commissioner shall be construed to constitute an assurance by the Commissioner that actions you may take to address the violation(s) alleged herein will result in compliance.

D. Staff contact: If you question any of the information contained in this Notice, you may contact:

1.2.1.NeaJ Williams Bureau

of Materials

Management

and

Compliance

Assurance 79 Elm Street, 2nd floor Hartford, CT 06106 (860) 424-3018 E.

EPA contact.

Michael Fedak u.S. E.P.A. New England Office of Environmental Stewardship (SEW) 1 Congress Street, Suite 1100 Boston, Massachusetts 02114-2023

Date: September 24, 2008

1.2.2. Neal Williams Water Permitting & Enforcement Division Bureau of Materials Management and Assurance

1.2.2.1.

NOV WR SW 08 100

Compliance

COMPLIANCE STATEMENT This Compliance Statement shall be signed by: (1) You (if an individual-the individual signs); (if a corporation or partnership-by a responsible corporate officer/general partner or a duly authorized representative of such person, as those terms are defined in section 22a-430-3(b)(2) of the Regulations of Connecticut State Agencies); or (if a municipality-chief elected official or principal executive officer) and (2) if different, by the individual responsible for actually preparing such statement, each of whom shall read and sign the certification regarding false statements on the Compliance Statement.

Within fifteen days of the date you become aware of a change in any information in the Compliance Statement, or that any information was inaccurate or misleading or that any relevant information was omitted, submit the correct or omitted information to the DEP and EPA staff contacts identified in the Notice of Violation.

Notice of Violation Issuance Date: Facility name: Duska Center Facility address: Executive Boulevard South, Southington, CT Attention: Marjorie Hession

1.2.2.2.

NOV WR SW 08100

In accordance with the directions in the above-referenced Notice of Violation, I certify that the noted violations and additional comments have been corrected in the following manner: Attach sheet(s) as needed (Enclose supporting documentation demonstrating compliance) Certification of Accuracy I certify that the information in this Compliance Statement and any attachments thereto are true, accurate and complete, and I understand that any false statement may be punishable as a criminal offense under Connecticut General Statutes sections 22a-6 and 53a-157.

Date

Signature

Telephone

(Type name and title) Address

Date

Preparer's Signature, if different from above

[Note: This sheet is not a part of the Notice and is only attached to the Notice which is retained in separate DEP files which are accessible to the public with close supervision. The Notice should be mailed to the Respondent by certified mail, return receipt requested.]

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Certification of Mailing

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On ,20_, at a.m./p.m., I mailed a certified copy of NOV No. _ to the following, by placing it in the [U.S. mail/interdepartmental mail]: Northstar Properties, Northstar Centers, LLC

C/O Marjorie Hession

532 Page Street

Stoughton, MA 02072

On ,20_, at . a.m./p.m., I mailed a plain copy of NOV No. _ to the following, by placing it in the [U.S. mail/interdepartmental mail]:

C: Andrew Spejewski, U.S.E.P.A. Region 1

Wendell Orton, CM&B Inc.

_(signature)

[Type name of person who did

mailing] [Type title] [date]

Telephone

(Type name and title) Address