The Massachusetts Department of Environmental Protection (MassDEP) penalized the owner of a Salisbury marina property for failing to take necessary safety measures prior to initiating construction activities on the site at 179 Bridge St.

The property is owned by the commercial realty firm BM LLC and has an activity and use limitation (AUL) attached to its deed. The AUL specifically requires the formulation of a health and safety plan, and a soil management plan prepared by a licensed environmental consultant.

The AUL was conducted properly and attached to the deed on Nov. 30, 2010, by the prior owner, Bridge Marina Trust. The AUL was finalized after residual petroleum contamination from leaking underground storage tanks had been removed. BM LLC purchased the property on June 1, 2012, and the deed restriction was a part of the transfer at that time.

As part of an audit, MassDEP inspected the site on May 21, 2015. Extensive excavation and trenching was observed, which MassDEP was told was due to the owner’s upgrading of the electrical utility lines. However, no site safety plan or soil management plan had been prepared and submitted to MassDEP prior to this work, a violation of the AUL.

BM LLC will pay $7,000 of the total penalty of $14,380; provided there are no further violations over 60 days, the remaining $7,380 will be suspended.