Central Water District Associates v. Department of Environmental Protection

MEMORANDUM OF DECISION AND ORDER ON PLAINTIFFS APPEAL FROM AN ADMINISTRATIVE PENALTY AND ALJ DECISION PURSUANT TO G.L.c 30A1

Plaintiff Central Water District Associates (“CWDA”) brings this action seeking judicial review of a decision rendered by the Department of Environmental Protection (“DEP”) assessing a Civil Administrative Penally (“PAN”) against CWD2 and the subsequent affirmance of this penally by an Administrative Law Judge (“ALJ”).3

BACKGROUND4

CWDA is the owner of Burncoat Pond located in the towns of Spencer and Leicester. In the spring of 1986, CWD noticed that additional water was…