On August 14, 2024, the City of New Bedford Fire Department
contacted the Massachusetts Department of Environmental Protection (MassDEP)
regarding alleged mismanagement of hazardous waste and an electroplating
operation at the site that presented a threat to public health and the
environment. On September 4, 2024, a joint inspection including New Bedford’s building,
health, and fire departments, as well as MassDEP and the Occupational Safety
and Health Administration (OSHA) occurred at the site. During this inspection,
it was identified that the plating operations specific to the “North Plant” (19
Coffin Avenue) may have been inoperable perhaps for up to three years and
appropriate decommissioning of the process equipment and waste disposal were
not performed. In the “South Plant” (12 Coffin Avenue). MassDEP inspectors
observed hundreds of containers of hazardous materials and wastes, with many
unlabeled, stored in a haphazardly manner.
In
October 2024, the city started an enforcement action against the defendants
consisting of the site owner (Carlton Neves, Trustee for K Seven Realty Trust),
the operator (Southcoast Plating), and the representative of both entities
(Carlton Neves) in the Massachusetts Southeast Housing Court, Docket No.
24H83CV0255NB, for violations of building, fire, and hazardous materials
ordinances at the site. In November 2024, the court ordered the facility closed;
and ordered the defendants to begin addressing structural and hazardous waste
issues. Recent court filings show that the court orders have not been complied
with.
On
November 21, 2024, MassDEP issued a Notice of Responsibility to Southcoast
Plating under Chapter 21E and the Massachusetts Contingency Plan for releases
of chromium, copper, and zinc to exposed soil adjacent to the electroplating
lines. On April 18, 2025, MassDEP issued a Notice of Noncompliance to
Southcoast Plating for failure to submit the required Immediate Response Action
Plan.
On
November 22, 2024, OSHA issued a Citation and Notification of Penalty letter to
Southcoast Plating for OSHA violations identified during the joint inspection
performed on September 4, 2024.
On August 25, 2025, the United States Coast Guard transferred
On-Scene Coordinator Responsibility to EPA to take response measures deemed
necessary to protect public health or welfare or the environment from the
threat or actual release at the site. On
August 27, 2025, MassDEP requested EPA’s assistance to conduct a preliminary
assessment and site investigation (PA/SI) and to also conduct a removal action
at the site if warranted.
On
October 16, 2025, EPA receive written access consent from the property owner
and operator allowing EPA to conduct its PA/SI. On October 21, 2025, an initial
site walk was performed to observe current site conditions and gather
information needed to plan for a subsequent sampling event. Participants at
this initial site walk included EPA, Coast Guard, MassDEP, fire department, and
the property owner and his representatives. On November 5 and 6, 2025, EPA
performed the PA/SI sampling event. The
event consisted of collecting 19 liquid samples from various containers/vats
and collecting 7 solid samples from various containers/vats/floor area
locations from the North and South Plant buildings. The samples were analyzed
at a private laboratory; and the analyses include pH, metals, cyanide, and
semi-volatile organic compounds. The PA/SI confirmed the presence of CERCLA
hazardous substances that pose a direct contact threat, as well as a potential
for release or further release into the environment. Based upon the results,
the PA/SI was concluded, and a time-critical removal action was recommended in
the Site Investigation Closure Memorandum dated December 8, 2025.
