MassDEP issues $151,000 in penalties over subdivision stormwater violations

MassDEP has imposed a $151,000 penalty on Brice Estates Inc. for failing to comply with environmental regulations during the construction of a residential subdivision.

The Massachusetts Department of Environmental Protection (MassDEP) has issued $151,000 in stipulated penalties to Brice Estates Inc. for failing to comply with a May 2026 Administrative Consent Order with Penalty related to environmental violations at a residential subdivision in Rutland.

The consent order required the company to address violations of the Massachusetts Wetlands Protection Act and Clean Waters Act associated with construction of the Brice Estates subdivision. It also required restoration and replication of altered wetland resource areas and measures to protect wetlands from erosion, sedimentation and construction-related impacts.

MassDEP said Brice Estates subsequently failed to maintain appropriate erosion and sediment controls during construction, resulting in sediment discharges to wetlands. The company also failed to properly manage and repair erosion and sedimentation controls and did not complete required wetland restoration and replication by the agreed deadline.

The agency also cited the company for failing to provide required documentation regarding the inspection and maintenance of the subdivision's stormwater management system.

MassDEP said the penalties were issued after the company met some of the original consent order requirements but failed to satisfy several other obligations. The enforcement action highlights the importance of maintaining erosion and sediment controls and documenting stormwater system inspections throughout construction and post-construction activities.

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