The Massachusetts Department of Environmental Protection (MassDEP) has penalized the ProGroup Network Inc. of Fairhaven (d/b/a Certa Pro Painters) $5,750 for dumping waste paint wash water into a storm drain at the Dartmouth Mall.

In September, MassDEP responded to a complaint that colored water was emanating from a storm drain and discharging into the Paskamansett River in Dartmouth.

MassDEP, the U.S. Coast Guard, and the Dartmouth Fire Department responded, and the source was quickly traced to a storm drain at the nearby shopping mall, where employees of Certa Pro Painters admitted responsibility. A subsequent inspection of the company’s facility in Fairhaven found hazardous waste storage violations, including unlabeled 55-gallon drums of waste stored outside without containment.

"No one should ever be dumping anything into the storm drains without prior approval," said Philip Weinberg, director of MassDEP’s Southeast regional office in Lakeville. "Storm drains are designed to convey storm water during wet weather events, and unpermitted discharges and dumping directly into a storm drain may impact sensitive nearby resource areas."

Once notified by MassDEP of the discharge, Certa Pro Painters immediately ceased the discharge and took immediate actions to clean up the material. Certa Pro Painters has corrected the hazardous waste violations, implemented an Environmental Protection Policy for proper handling and disposal of hazardous waste and formalized the employee training to prevent any future dumping or discharge incidents to any storm drains.

MassDEP has agreed to suspend $2,875 of the assessed penalty, provided that Certa Pro Painters does not have any additional discharges to storm drains or surface water.