Notice of Noncompliance 2014 PATRICK
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 f\ht Street, Springfield MA 01103.413-784-1100
�, MAEVE VALLELY BARTLt I i
Secretary
lard Huntley, Director
iartment of Public Works
Locust Street
thampton, MA 01060
November 7, 2014
Re: Northampton-DWP
Northampton Water Department
PWJVS ID#1214000
NON-WE-14-50253-CSA
Enforcement
DAVID W.CASH
Commissioner
NOTICE OF NONCOMPLIANCE
With Violation-Res•onselCom r%lance-Schedule-A roval CSA Form
ilS IS AN DULD RESULT IN SERIOUS LEGALICONSEQUENCES.K THIS NOTICE IS ISSUED RESPONSE TO THIS
TO M.G.L.O c
A§ 16, 310 CMR 5.00 AND M.G.L. c. 111, 0159-160 AND 310 CMR 22.00.
Protection ("MassDEP
iiti Northampton Department
Northampton")failed to complete appropriate hi d quarter 2014 mon on gforVolale Organic Compounds(VOC)
DM its Well#1 and Well#2 sources.
he failure to conduct appropriate monitoring indicates that Northampton was not in compliance with one or more
iws, regulations, orders, licenses, permits, or approvals enforced by MassDEP.
inclosed is a Compliance-Schedule-Approval (CSA)Form which includes required compliance actions and deadlines.
lease sign and return the CSA Form indicating either:
(a) Your agreement with the action(s) and schedule in Option 1,
OR approval as described in Option 2. Option 2 compliance
(b) Your submittal of a proposed compliance plan for app
plans must contain an action schedule and satisfy the requirements of 310 CMR 22.00.
If
otherwise fail to rremainhin comp compliance of
the future withhreq requirements applicable to you,
you could be deadline(s),
ubject to if you this Nofice of
including,
limited to,criminal prosecution, court-imposed civil penalties, or civil administrative penalties
assessed by MassDEP. A C vil Administ atiive Penalty may be aessed for every day from now on that you r i
noncompliance with the requirements referred to above. Additionally, to avoid being placed on United States
Environmental t it t public unaddressed violations
not
on apa path to compliance, it is essential to promptly and completely respond to all MassDEPenforcem nt actions,
including Notices of Noncompliance.
Y:\DWP Archive\WE CA Northampton-ID41214000-Enfofoement-2014-11-01
This information is available in alternate format Call Michelle Water-Ekanem,Diversity Director,at 617-292-5751.TDD%1.866-539-7622 or 1-617-574-6068
MassDEP Website:ve+w.massgovldep
Printed on Recycled Paper
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
Northampton Water Department
Northampton, Massachusetts
Third Quarter 2014
E OF ENTITY IN NONCOMPLIANCE:
ATION WHERE NONCOMPLIANCE OCCURRED
VAS OBSERVED:
E WHEN NONCOMPLIANCE OCCURRED OR
OBSERVED:
;CRIPTION OF NONCOMPLIANCE:
ire to submit VOC water-quality-monitoring results to Mas5DEP by October 10,2014, in violation of
sachusetts Drinking Water Regulation 310 CMR 22.03 and 310 CMR 22.15.
3CRIPTION OF THE APPROPRIATE REGULATIONS:
(2) The Department may require a public water system to sample and CMR 22.03 states, in part: parameter
analyze its water for any p
at any location and frequency which the Department deems necessary to ascertain
all the purity'
rit o water
and fitness of a system to ensure the delivery of a fit and pure water supply
Department may presume that a public water system that has failed to report monitoring results to the
Department in accordance with 310 CMR 22.00 has failed to conduct such monitoring....
...All water quality data for contaminants listed in 310 CMR 22.00, including additional and voluntary
samples, shall be submitted to the Department, ...
(13)All data or information submitted or reported to the Department must be in the format and manner as
specified and approved by the Department.
0 CMR 22.078(2)(f) states "Reduced VOC Sampling -Annually: Groundwater and surface water systems which
quot ddetect o CMR 22.0 contaminants ints)listed
take one C R 22le ao(1) after conducting the initial round of monitoring of easurlement or a analysis the "...the
water lisrrequirredrby 310 report
00 to Department
make within the results
horterr of heest,
(lowing time periods: (a)the first ten days following the month in which the results are received or(b)the first ten
Sys following the end of the required monitoring period as stipulated by the Department."
10 CMR 22.03(1) states in part: "Failure to comply with 310 CMR 22.00 constitutes a violation. For any
iolation...the Department may set a schedule for compliance within an enforcement document with specific interim
teasures that the supplier of water must take."
LCTIONS TO TAKE AND DEADLINES:
3y December 5, 2014 complete and submit the attached M &R ResponseICSAForm to respond to the
illeged violations by either: Option 1 with MassDEP approval, or
(1) selecting and implementing Op b
(2) then implementing Option 2 and obtaining
lan,as approved.prooved.PIf you need approval
addtonal corrective
me to prepare a wrriitten proposal t schedule,
then implementing o this s NON,, app Y
submit in response to this NON, please contact Douglas Paine at(413) 755-2281 or by email at
Douglas.Paine @state.ma.us before the deadline for responding to this NON expires to request additional
time.
DATE:
Brian Harrington
Deputy Regional Director
Bureau of Resource Protection
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Drinking Water Program
MONITORING-AND-REPORTING(M&R)-VIOLATION RESPONSE
AND COMPLIANCE-SCHEDULE-APPROVAL(CSA)FORM
M.G.L. c. 21A, §16,310 CMR 5.00
ire to complete and return this form,and failure to take the actions required to return to compliance,
I result in serious legal consequences.
rRUCTIONS• By November 5, 2014,please complete and submit this form and supporting documentation
.assDEP at the address specified at the bottom of this form to obtain MassDEP approval of your system's
posed plan for returning to compliance with the requirements cited in your Notice of Noncompliance(NON).
M&R Response
CSA Form
GENERAL INFORMATION
,ard Huntley,Director
iartment of Public Works
Locust Street
thampton,MA 01060
Re: Northampton-DWP
Northampton Water Department
PWS IDh 1214000
Enforcement
NON-WE014-5D253-CSA
CORRECTIVE ACTIONS required under M.G.L.c. 111,§§ 159-160 and 310 CMR 22.00 AND
?QUEST FOR COMPLIANCE PLAN APPROVAL
ease select either Option 1 or Option 2 below by checking the appropriate box.
inderstand that,if I check Option 1,
ceipt of this completed form.
understand that,if I check Option 2,
approved.
my system's Compliance Plan will be deemed approved upon MassDEP's
MassDEP will notify me by e-mail if my system's proposed Compliance Plan
❑ OPTION ONE: MASSDEP APPROVAL OF PRE-DETERMINED COMPLIANCE PLAN
'ublic Notice:methods system
thin one e will provide
of t
he end of the notification
onitoring period for th310 olation(s) identifiedf in the NON
tssociat mw th within one(1)year
issociated with this Form. Contact Sue Steenstm. of MassDEP's western rep Tonal office for s.ecific instructions
For the .ublic notification at 413 755-2264. This violation requires Tier 3 public notification. Submit the public
notice certification to the local Board of Health and MassDEP in accordance with 310 CMR 22.16,within 10 days
of completing public notice delivery.
Community System (COM) shall provide public notice by each of the following methods:
1) Mail or hand-delivery to all customers receiving a bill and to other service connectio
ions the wing delivers
(MassDEP may allow notice within the Consumer Confidence Report(CCR)proved
directly to consumers); and
Publication in an advertisement or article in a local newspaper of general circulation or posting for a
minimum of seven(7)days in MassDEP-approved conspicuous locations or other method approved by
MassDEP.
/stem will submit certification to MassDEP and the local Board of Health immediately upon completing
notification. I will include a copy of the public notice with the certification.
ystem will collect samples for VOCs during the fourth quarter of 2014, and shall submit sample results to
DEP by January 10,2015.
ystem will sample and analyze for contaminants as required pursuant to 310 CMR 22.00 including but not
ed to, 310 CMR 22.05,310 CMR 22.26 and the current Water Quality Sampling Schedule and provide
ications and 3, 310 CMR 2.05,310 CMR 22 06 results
310 CMR 22t 06A103 0hCMR2 222.15,1310 CMR 22,16 and 310 CMR CMR
6.
I OPTION TWO: PWS'S PROPOSED COMPLIANCE PLAN
roposed Compliance Plan must include a schedule for coming into compliance with each of the monitoring and
Ming violations cited in the NON and must include public notice).
system has attached a proposed Compliance Plan detailing the actions my system proposes to take to return to
apliance and,as appropriate,to prevent future noncompliance. I understand that MassDEP will notify me in
ting,which may include e-mail if my system's proposed Compliance Plan and schedule is approved.
CERTIFICATION: WATER COMMISSIONER,OWNER,AND OWNER REPRESENTATIVE
2 OTHER AUTHORIZED PARTY
ertify that I am duly authorized to complete and submit this form on behalf of the public water system identified
ove and that the information contained herein is true,accurate and complete to the best of my knowledge and
lief. I understand that MassDEP may assess civil administrative penalties in accordance with M.G.L.c.21A,
6, and 310 CMR 5.00 on any Supplier of Water that fails to comply with the provisions and schedule set forth in
MassDEP-approved Compliance Plan.
gnature:
rint Name: _
hone#:
:mail Address:
Date:
Title:
'lease return this Form with all attachments Of any)to MassDEP at:
viassDEP-Western Region
)rinking Water Program
436 Dwight Street
Springfield,MA 01103