216 DEP Letter 2003 IITT ROMNEY
;overrun.
TERRY HEALEY
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
Ms. Cynthia Dunbar-Randall
Valley Motorsports, Inc.
216 North King Street
Northampton, MA 01201
Dear Ms. Dunbar Randall:
JMP 15 2993
Re: BWP - Northampton
ADMINISTRATIVE CONSENT ORDER
AND NOTICE OF NONCOMPLIANCE
File No. ACOP-WE-02-9013-2
ELLEN ROY
Secretary
LAUREN A LISS
Commissioner
Attached please find an executed original copy of the Administrative Consent Order(ACO)for
your reference and implementation. Please note that the File Number on the first page of the
ACO has been revised to reflect an omission of -02-on the previous draft version of the ACO.
Both the previous and the new first page of the ACO are attached to this final executed version.
The correct File Number is: ACOP-WE-02-9013-2.
The Department is encouraging you to familiarize yourself with the terms and conditions of the
ACO in order to accomplish the requirements set forth therein.
If you have any questions please contact Mr. Saadi Motamedi or Mr. Samuel Isaac at(413) 784-
1100, extensions 2131 and 2233,respectively.
Sincerely,
-
Steven Ellis
Deputy Regional Director
Bureau of Waste Prevention
SE/SM/SFsi
Certified Mail # 7001 2510 0002 9557 2941
CC: DEP/WERO-Steven Ellis(2 copies), Sam Isaac & Peter Czapienski
Northampton Board of Health
This information is available in alternate format.Call Aprel McCabe,.ADA Coordinator at 1-617-556-1171.TOD Sella-IA00-298-2107.
DEP on the World Wide Web: bttp://wvw.mass.Sov/dep
' Q Printed on Recycled Paper '
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of Environmental Protection
IN THE MATTER OF:
Valley Motorsports,Inc. ) ADMINISTRATIVE CONSENT ORDER WITH
216 North King Street ) PENALTY AND
Northampton, MA 01201 ) NOTICE OF NONCOMPLIANCE
File No.ACOP-WE-02-9013-2
I. THE PARTIES
1. The Department of Environmental Protection("Department")is a duly constituted
agency of the Commonwealth of Massachusetts which maintains its principal office
at One Winter Street,Boston,MA 02108,and a regional office at 436 Dwight
Street, Springfield,MA 01103.
2. Valley Motorsports Inc. ("Valley Motorsports") is a facility located at 216 North
King Street in Northampton, Massachusetts.
11. STATEMENT OF FACTS AND LAW
1. The Department is charged with the implementation and enforcement of the M.G.L
Chapter 21C and the Hazardous waste management regulations promulgated
thereunder at 310 CMR 30.000 et seq. The Department has authority under the
foregoing statues and regulations to issue this Consent Order and Notice of
Noncompliance.
2. The Department is authorized to assess civil administrative penalties pursuant to
M.G.L.c 21A § 16 and the Administrative Penalty Regulations at 310 CMR 5.00 et
seq.
3. Valley Motorsports is registered as a Very Small Quantity Generator (VSQG) of
hazardous waste and a Small Quantity Generator(SQG)of waste oil with an MAD#
982195802.
On January 24, 2002, Department personnel conducted a Multimedia Compliance
inspection of Valley Motorsports.The purpose of the inspection was to determine
compliance with Air Pollution Control Regulations, Hazardous Waste
Management Regulations, Industrial Wastewater Regulations and Toxics Use
Reduction Regulations.
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of Environmental Protection
IN THE MATTER OF:
Valley Motorsports,Inc. ) ADMINISTRATIVE CONSENT ORDER WITH
216 North King Street ) PENALTY AND
Northampton, MA 01201 ) NOTICE OF NONCOMPLIANCE
File No. ACOP-WE-9013-2
I. THE PARTIES
1. The Department of Environmental Protection("Department") is a duly constituted
agency of the Commonwealth of Massachusetts which maintains its principal office
at One Winter Street,Boston, MA 02108, and a regional office at 436 Dwight
Street, Springfield, MA 01103.
2. Valley Motorsports Inc ("Valley Motorsports") is a facility located at 216 North
King Street in Northampton,Massachusetts.
II. STATEMENT OF FACTS AND LAW
1. The Department is charged with the implementation and enforcement of the M.G.L
Chapter 21C and the Hazardous waste management regulations promulgated
thereunder at 310 CMR 30.000 et seq. The Department has authority under the
foregoing statues and regulations to issue this Consent Order and Notice of
Noncompliance.
9
The Department is authorized to assess civil administrative penalties pursuant to
M.G.L.c 2IA § 16 and the Administrative Penalty Regulations at 310 CMR 5.00 et
seq.
3. Valley Motorsports is registered as a Very Small Quantity Generator (VSQG) of
hazardous waste and a Small Quantity Generator(SQG)of waste oil with an MAD#
982195802.
4. On January 24, 2002,Department personnel conducted a Multimedia Compliance
inspection of Valley Motorsports. The purpose of the inspection was to determine
compliance with Air Pollution Control Regulations, Hazardous Waste
Management Regulations, Industrial Wastewater Regulations and Toxics Use
Reduction Regulations.
Valley Motorsports,Inc. FMF#36126
Administrative Consent Order
and Notice of Noncompliance
File No. ACOP-WE-02-9013-2
Page 2
5. During the inspection and from the Department's personnel review of Valley
Motorsports Manifests record, it was observed that Valley Motorsports was
exceeding its status as a VSQG of hazardous waste and thereby Acting-Out-of-
Status in violation of Regulation 310 CMR 30.353(3).
310 CMR 30.353(3) states, in part,
"In order to have the status of a Very Small Quantity Generator, the
generator shall comply with the requirement set forth or referred to in 310
CMR 30.353, and need not comply with any other requirements of 310
CMR 30.000. A person who is not in compliance with the requirements
set forth or referred to in 310 CMR 30.353 shalt have the status of a small
quantity generator, large quantity generator, or the owner or the operator
of a facility as the case may be, and shall comply with all requirement in
310 CMR 30.000 applicable to the status he has at the time."
During the inspection, Department personnel also found 3 drums of Hazardous
waste (Waste oil) accumulated in containers which were improperly labeled in
violation of 310 CMR 30.340(1)(6),which states than
"Each tank or container in which hazardous waste is accumulated must be
clearly marked and labeled throughout the period of accumulation with the
following:
a. the words "Hazardous Waste"
b. the hazardous waste(s)identified in words;
c. the type of hazards associated with the waste(s);
and
d. the date upon which each period of accumulation begins
7. During the inspection, Department personnel also discovered a lack of a
"HAZARDOUS WASTE" sign in the hazardous waste (Waste Oil) accumulation
area in violation of 310 CMR 30.340(1)(j),which states in part that:
"Those hazardous waste accumulation areas shall have posted at all times
a sign, which meets the guidelines of the National Fire Protection
Association's Code 7045, with the words "HAZARDOUS WASTE" in
capital letters at least one inch high."
8. On January 28, 2002 Valley Motorsports filed and the Department received a
Change of Status Form in order to change its status from a VSQG of hazardous
waste to SQG.
Valley Motorsports, Inc. FMF#36126
Administrative Consent Order
and Notice of Noncompliance
File No.ACOP-WE-02-9013-2
Page 3
9. On October 29,2002, representatives of the Department met with representative of
Valley Motorsports to discuss outstanding violations and requirements for coming
into compliance.
10. By the actions and law outlined in Section II above, Valley Motorsports was not in
compliance
with Commonwealth's Hazardous Waste Regulations, 310 CMR 30.0000.
III. DISPOSITION AND ORDER
1. Based upon the Statement of Facts and Law above,the Department hereby issues,
and Valley Motorsports hereby agrees to this Administrative Consent Order.Valley
Motorsports recognizes that the Department has jurisdiction to issue this
Administrative Consent Order.
2. Valley Motorsports hereby waives its rights to an adjudicatory hearing before the
Department on, and judicial review by the courts of the issuance and terms of this
Consent Order and to any notice of any such right of review.
3. This Consent Order shall apply to and be binding upon the Valley Motorsports and
its officers, directors, employees, contractors, agents, successors and assigns.
Violation of this Consent Order by any of these shall constitute violation of this
Consent Order by Valley Motorsports. Valley Motorsports shall provide a copy of
this Consent Order to each successor or assignee at the time of succession or
assignment. Valley Motorsports shall provide a copy of this Consent Order to each
agent, contractor, or employee who is engaged to implement the terms of this
Consent Order.
4. This Consent Order also serves as a Notice of Noncompliance issued pursuant to
Massachusetts General Laws, Chapter 21A, Section 16 and 310 CMR 5.00.
5. In resolution of these matters,Valley Motorsports:
a) Shall pay to the Commonwealth a civil administrative penalty in the amount
of five hundred dollars($500)within thirty(30) days from the effective date of this
Consent Order.
b) Shall pay Annual Compliance fees applicable to the Small Quantity
Generator of Hazardous waste in the amount of one thousand five hundred dollars
($1,500)within 30 days from the effective date of this Consent Order.
Valley Motorsports, Inc. FMF# 36126
Administrative Consent Order
and Notice of Noncompliance
File No. ACOP-WE-02-9013-2
Page 4
c) Shall submit a letter,to the Department within 30 days of the date of
execution of this Consent Order, certifying that the violations outlined in Section II,
Paragraphs 6 and 7 have been corrected.
If a court judgment is required to make any penalties or payments under this Consent
Order legally enforceable,Valley Motorsports agree to assent to the entry of such
judgment. Any payment made under this Consent Order shall be made by certified
check, cashiers check,or money order payable to the Commonwealth of Mass.
Valley Motorsports shall clearly print the name"Valley Motorsports"and the file
number ACOP-WE-02-9013-2 on the face of the payment,and shall mail it to
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3584
Boston,Massachusetts 02241-3584
At the time of payment,a photocopy of the payment shall be mailed to:
Mr. Saadi Motamedi
Section Chief
Compliance&Enforcement
Bureau of Waste Prevention
Massachusetts Department of Environmental Protection
436 Dwight Street
Springfield,Massachusetts, 01103
6. If Valley Motorsports fails to comply with any requirement of this Consent Order,
Valley Motorsports shall pay a stipulated penalty of two hundred dollars ($200.00)
per violation for each day or portion of a day such failure occurs. Any such penalty
shall be due and payable to the Commonwealth of Massachusetts within thirty (30)
days of a written demand by the Department. The payment of stipulated penalties
shall not alter in anyway Valley Motorsports's obligations to complete performance
as required by this Consent Order. The Department reserves its right to pursue
other remedies and penalties, including administrative, civil, and criminal penalties,
in accord with applicable laws if Valley Motorsports violates any provision of this
Consent Order. In the event the Department collects alternative penalties, Valley
Motorsports shall not be required to pay stipulated penalties for the same violations.
7. Nothing in this Consent Order, including payment of any administrative or
stipulated penalty shall relieve Valley Motorsports or any other person from the
duty to comply with all applicable Federal, State, or local laws, regulations,
approvals nor prohibit the Department from seeking any alternative relief or remedy
provided by law,including but not limited to injunctive relief.
Valley Motorsports, Inc. FMF#36126
Administrative Consent Order
and Notice of Noncompliance
File No. ACOP-WE-02-9013-2
Page 5
8. This Consent Order is hereby deemed consented to, executed, and entered as of the
last date set forth below(the"effective date").
9. This Consent Order may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same instrument.
10. The provisions of this Consent Order are severable and if any provision of this
Consent Order, or the application of any provision, is held invalid, such invalidity
shall not affect the validity of any other provision of the Order, or their
application. The Department shall have the discretion to void this Consent Order
in the event of any such invalidity.
11. Nothing in this Consent Order shall be construed or operate to bar, diminish,
adjudicate or in any way affect any legal or equitable right of the Department to
issue any additional order with respect to the subject matter covered by this
Consent Order, or in any way affect any other claim, action, suit, cause of action
or demand which the Department may have.
IV. RATIFICATION
I certify that I am duly authorized to enter into this Administrative Consent Order on behalf
of:
Valley Motorsports,Inc:
FEIN: 042508192
By: /�/ R r By:
Department of Environmental Protection:
(title or position)
Date: 1
Date:
Regional rrector
Westem Region