MassDEP Penalizes Berkshire Springs for Failing to Report Diesel Spill

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BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has penalized Berkshire Springs Holding Company, LLC, for failing to notify MassDEP of a September 2023 spill of diesel fuel at a service station in Pittsfield. 
 
Berkshire Springs is a bottler and distributor of spring water based in Southfield.
 
"It is critical that customers of gasoline and diesel fueling facilities diligently monitor their fueling operations to avoid spills of petroleum products that would negatively impact public safety and the environment," said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. "The cleanup has been completed, and today’s penalty sends a strong message that MassDEP will hold parties accountable for failing to provide notification of releases of petroleum to the environment." 
 
On September 12, 2023, MassDEP Emergency Response personnel were notified by the Pittsfield Fire Department of a spill of diesel fuel at the 480 West Housatonic Street service station. MassDEP staff responded and determined that a sudden release of diesel fuel, likely exceeding the reportable quantity of 10 gallons, occurred when a Berkshire Springs truck was being fueled.
 
MassDEP confirmed through review of video surveillance footage that the Berkshire Springs employee fueling the truck left the vehicle unattended while the pump was engaged. Although the driver was aware of the release, he left the station without notifying station personnel of the release. When station personnel were made aware of the release, they notified Pittsfield Fire and MassDEP. Initial containment of the spill was performed by the Pittsfield Fire Department and cleanup was arranged by the station operator, Global Partners LP. 
 
Although no waterways were affected by the spill, the release impacted an area measuring approximately 30 feet by 30 feet, including the station parking lot out to the public roadway and soil on the western side of the parking lot, and storm drains on the site.
 
MassDEP issued a penalty of $13,125 to Berkshire Springs.

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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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