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Town says fines accumulating as concrete firm disputes orders amid dust complaints
Summary
Town officials say Berkshire County Concrete missed remediation deadlines and daily fines are accruing; the company has filed suit against the town and planning board, and air-monitor data and multiple public dust complaints have prompted enforcement steps and Board of Health involvement.
The Dalton Select Board heard updates from the zoning enforcement officer and town staff on enforcement actions against Berkshire County Concrete, whose failure to meet restoration deadlines has triggered escalating daily fines and a pending lawsuit.
Zoning enforcement officer Brian Duval told the board that fines began “as of last Friday” and are being assessed daily. The board described the fine schedule as $50 for a first offense, $100 for a second, and $300 for each day thereafter once the higher penalty tier is reached. The town said the notices and fines will continue until the company complies with the required restoration terms.
Town staff and several residents cited recurring dust and particulate complaints tied to activity at the company site. The select board noted recent police visits, photographs, and power-washing of neighboring houses as evidence of off‑site impacts reported by residents. The Clean Air Committee reported deployment of PurpleAir particulate monitors and said monitoring data will inform future Board of Health actions.
Town officials emphasized their intent that the original enforcement request cover parcel 105-16 in its entirety; they urged the record reflect that scope. The manager said enforcement staff have told the company that restoration and remediation must address the whole parcel as the board originally requested.
Separately, the town confirmed that Berkshire County Concrete has filed a lawsuit naming the planning board and the town. Town counsel has been involved and certain related discussions were handled in executive session; legal strategy and responses to the complaint were discussed privately.
Next steps for the town include continued citation and fine collection while the Board of Health prepares to hold public hearings on dust-related fines and staff coordinate with the Department of Environmental Protection on outstanding complaints. The town manager said monitoring and complaints collected by the Clean Air Committee will be shared with enforcement bodies to support the town’s case.
