Massachusetts Appeals Court March 31, 2008, No. 07-P-158 (Commonwealth v. B & M Fitzgerald Builders, Inc.)

Graham, J.

The Attorney General, on behalf of the Department of Environmental Protection (DEP), brought an action against B & M Fitzgerald Builders, Inc., and Brian Fitzgerald (collectively, defendants) for several violations of Title 5 of the State Environmental Code, 310 Code Mass. Regs. §§ 15.000 et seq.; a single violation of the Massachusetts Clean Waters Act, G. L. c.