BOSTON – The Massachusetts Department of Environmental Protection
(MassDEP) has penalized the Thirty-six Ayer Road Realty Trust and
Trustee Scott Evans $19,937 for failing to clean up contamination at
the trustee’s business, Hillside Garage in Harvard.

In 2008 and 2009, MassDEP was notified of two separate, historic
releases of gasoline and oil at the garage site, located at 36 Ayer
Road. In September 2009, MassDEP issued a Notice of Noncompliance
(NON) to Mr. Evans for failing to assess the initial release, as

When MassDEP did not receive a response to the NON, an
audit inspection was conducted in July 2011, at which time, it was
determined that contaminated soil had been excavated in 2009 and
remained stockpiled on-site. Following MassDEP’s inspection, Mr.
Evans hired a Licensed Site Professional (LSP) and properly disposed
of the stockpiled soil.

The LSP also assisted Mr. Evans by applying
for funds from the state-administered Underground Storage Tank
Petroleum Product Cleanup Fund (the 21J fund) to defray cleanup costs.

In a consent order with MassDEP, Mr. Evans will pay $1,000 of the
assessed penalty with the balance suspended, contingent upon
conducting the required cleanup actions and pending a determination
of 21J fund eligibility or demonstration of the trust’s financial
inability to pay for the cleanup.

“Waste sites need to be cleaned up as required by state laws, but
MassDEP also understands and appreciates the financial burden that
cleanups can pose on small businesses.” said Lee Dillard Adams,
director for MassDEP’s Central Regional Office in Worcester. “Mr.
Evans is working to ensure the cleanup at Hillside Garage continues.”

MassDEP is responsible for ensuring clean air and water, safe
management and recycling of solid and hazardous wastes, timely
cleanup of hazardous waste sites and spills, and the preservation of
wetlands and coastal resources.