BOSTON MA (8/8/2012) – The Massachusetts Department of Environmental Protection (MassDEP) penalized Handy Trucking & Bobcat Services, LLC $11,000 for Wetlands Protection Act violations that occurred at a single-family residence on West Chop Lane in Tisbury. The contractor, which is based in Edgartown, failed to assess the wetlands resource area and excavated 11,600 square feet (s.f.) of freshwater marsh.

“There is no reason for an experienced and knowledgeable contractor to either fail to follow, or ignore their responsibility, in complying with the Wetlands Protection Act,” said Elizabeth Kouloheras, chief of the Wetlands Program at MassDEP’s Southeast Regional Office in Lakeville. “The property owner in 2006 had obtained an order of conditions from the Tisbury Conservation Commission that clearly delineated the wetland and upland boundaries on the property, and yet the contractor violated it by working in a wetland area that was clearly restricted.”

The Tisbury Conservation Commission determined during an inspection of the site on February 11, 2011 that approximately 11,600 s.f. of freshwater marsh had been excavated and stockpiled on site, and subsequently requested MassDEP assistance.

Under today’s order, Handy Trucking agrees to cease all activities at those portions of the property under wetlands jurisdiction unless authorization is issued by MassDEP or the Tisbury Conservation Commission and to ensure that all necessary permits and plans are in hand before performing work in any wetland resource areas.

Handy Trucking will also pay $4,500 of the assessed penalty and MassDEP agrees to suspend the remaining $6,500 provided all conditions are met and no additional violations occur for a period of three years.

Contact: Joe Ferson 617-654-6523