Berkshire Concrete Appeals Fines; Residents Demand More Aggressive Actions
DALTON, Mass. — The snow has melted and the air is warming — a time when residents open their windows and step outside to enjoy the sun. But for those living near Berkshire Concrete's unauthorized dig site, they say the warmer weather means something else: more sand.
Less than a month into spring, the town received its first dust complaint after an overnight storm on March 31 blew sand and fine dust onto Raymond Drive, sending air monitoring data off the charts.
"The piles and vast open areas are once again exposed after the snow melt, and it is definitely blowing right into our neighborhoods," said Clean Air Coalition member Lisa Pugh.
"We now have concrete data to prove this. The delays are continuing and the neighborhood continues to be negatively affected.
"These high readings continued for hours," she said.
Levels above 155 are considered unhealthy and according to the Environmental Protection Agency these numbers are considered an immediate public health emergency, Pugh said.
"Their [air quality index] does not even recognize numbers this high on their scale. They top out at 605. Anything over that is categorized as extreme danger. These numbers were 5,000 to 10,000," she said.
"Now, this was a one-time event with the storm. However, spring is just beginning. There will be more storms. There will also be dry days with high winds. This is what we are breathing."
Select Board member John Boyle suggested holding an executive session with their attorneys to discuss the concerning data raised by Pugh.
"It may be time for us to seek injunctive relief against this problem that Petricca Industries has evidently caused and I think the time for action has come," he said.
The town has an executive session scheduled for April 27 but the reason has not yet been posted.
It's time to start acting aggressively because "their reaction has just been very, I would say, negligent," Clean Air Committee member David Pugh said.
This coincides with the Board of Health's attempts to fine Berkshire Concrete. On March 2, the Board of Health issued a $5,000 fine to Berkshire Concrete for creating a public nuisance by allowing sand and dust to leave the property and for failing to submit an adequate dust mitigation plan despite numerous orders
This fine went unpaid and was not appealed. However, Berkshire Concrete did appeal the subsequent fine of $10,000. There will be a public hearing on the appeal at the Tuesday, April 14, Board of Health meeting.
The reported violation of dust in the community opens Berkshire Concrete up to additional fines. They can theoretically be fined up to $10,000 a day for repeated violations, Town Manager Eric Anderson said.
"We're going to have to sue them to get the money," he pessimistically surmised.
Berkshire Concrete has still not submitted to the Board of Health an acceptable remediation, he said.
Last Friday, a remediation plan with an agreement to begin immediately was submitted, but according to the zoning enforcement officer, it is still missing several requirements, Anderson said.
The plan lacks no real grading plan and it was also emphasized to Petricca that compliance with town bylaws requires the use of loam, he said.
"It's been nine months and I think that's more than enough time in terms of asking them to step up and provide a dust mitigation plan and now we have a major complaint on hand," Select Board member Antonio "Tony" Pagliarulo said.
Following the Planning Board's denial of a Berkshire Concrete's special permit, Berkshire Concrete is able to operate under its current permit, which expires in December 2027.
Clean Air Committee member Richard Hall said the permit includes a provision that may compel Berkshire Concrete to take action.
He said the permit requires a secure gate at the entrance of the operation that can be locked if deemed necessary by the Select Board.
The lock could be changed at the board's discretion and the key issued would be restricted and the Dalton Police Department would be provided with a key, he said.
"I don't believe they're the good neighbors they claim to be and it's unfortunate it's come to this juncture in time where we've become sort of adversarial," Pagliarulo said.
"And if it takes the Select Board to change the lock and to lock them out, I'm going to look towards that end unless they communicate."
The state Department of Environmental Protection has not yet approved Berkshire Concrete's application and remains in communication with the town. The complaint will be reviewed by both the DEP and the Board of Health.
Additionally, there is a new law with the state department of transportation requiring aggregate manufacturers to obtain an Aggregate Source License, Pagliarulo said.
Petricca Industries has submitted an application for its Hinsdale location but not Dalton.
"Pyrrhotiteis a substance which allows concrete to break up and unless it's approved, to my understanding, if that was not submitted by March 31 that there could be no extraction of sand or aggregate in Dalton," Pagliarulo said.
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