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Contamination Issue Ben Wood From: Doug McDonald [dmcdonald @nohodpw.org] Sent: Thursday, June 23, 2011 11:22 AM To: Ben Wood Subject: Fwd: Bacteria results from 6/20/11 Attachments: CRWC E_coli results 06-20-11.xIs Hi Ben- 1 have continued to work with Andrea Donlon from CT River Watershed Council to do additional e-coli samples at outfalls, within drain lines, and in rivers. I thought you might be interested in two river samples in Florence above and below the dam which were both low(see the first two on the attached table). It's just a snapshot and we know there is at least one more house(68 Sheffield Lane) with a bad connection, but the numbers are lower than last year. I'll keep you posted on where things go with 68 Sheffield. We are following up on multiple high sample results at outfalls to the old Mill River near downtown. Not a place that people swim or that people generally come in contact with the water but I thought that you should know I will let you know what we find as the investigation continues. Thanks, Doug Original Message Subject:Bacteria results from 6/20/11 Date:Wed, 22 Jun 2011 10:20:50 -0400 From:Andrea Donlon<adonlon c(<J,ctriver.org> To:'Doug McDonald' <dmcdonald(cmnohodpw.org> Hi Doug, Attached are results from Monday's sampling. They are interesting. It is nice to see that the Mill River in Florence continues to stay low in the area between Pine Street and Bliss Street. The two outfalls into the former Mill channel are still very high. The one in the middle of the bike path maxed out, but we didn't get a sample upstream of there. We pulled that manhole near the parking lot and saw some water seeping through an odd spot, so it would be good to get a sample there at some point. The sample off Pleasant Street that you called Market Street Brook was low. The three samples on King Street and Allen Place were very high, although not through the roof. The results don't seem to point to a single area so far. I meant to ask you whether you automatically report the sewer leak found at Wright Ave to MassDEP. We will probably need to mention it in an end of project report to DEP, since they administer the 604b grant. The staff person at DCR who did the talk about FEMA flood maps is named Rich Zingarelli. I don't have his contact information but I could get it if you can't track him down. Andrea Andrea Donlon, River Steward CONNECTICUT RIVER WATERSHED COUNCIL, INC. 15 Bank Row Greenfield MA 01301 Phone: (413)772-2020 x. 205 Fax: (413) 772-2090 adonlon @ctriver.ors Become a member today! Join at www_ctriver.orq. CRWC is on Facebook-become a fan 2 vie LAW OFFICES OF WILLIAM ST. JAMES William St.James Attorney At Law HAND DELIVERED August 10, 2010 42 Morningside Drive Florence,Massachusetts 01062 TELEPHONE(413)586-3341 FAX(413)586-3341 Department of Public Works 125 Locust Street Northampton,MA 01060 Re: Timothy E. Shea Trust- 16 Meadow Street,Florence,MA Dear Sir: Please be advised that I represent the Timothy E. Shea Trust in connection with the violation notice received from the City of Northampton,Board of Health,dated August 2,2010. Notice is hereby given of my client's appeal of this violation,said notice being given within fifteen(15) days of the date of service of the notice. Very truly yours, William St. James In cc: Office of the Board of Health,City of Northampton-regular mail ECtIVE Fir AUG 1 2 2010 11V NORTH[ C . HOARD OF HEALTH Nt -LIPTON BOARD OF D OF HEALTH BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health Patricia Abbott,R.N.,Public Health Nurse Aimee PetroskY,Health Inspector Clerk Heather Mcbrlde, 8-02-10 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 The Timothy E. Shea Trust 84 Maple St. Florence, MA 01062 Re: Public Nuisance originating from 16 Meadow Street,Florence, MA Based upon the findings of the City of Northampton,Department of Public Works a property owned by you(16 Meadow St.)has created a public nuisance in violation of MGL Chapter 111, Section 122. Corrective action as described by the Department of Public Works in the attached Notice of Violation must be completed by September 30, 2010. Per MGL Chapter 111,Section 123 failure to comply may result in a fine up to$1,000 per day. Thank you for your assistance and cooperation. Sincerely, Ben Wood Director,Northampton Health Department encl: Notice of Violation MassDEP t Commonwealth of Massachusetts Executive Office of Energy&Environmental Affairs Department of Environmental Protection Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100 RICHARD K SULLIVAN JR GNALL PATRICK Secretary Governor TIMOTHY P.MURRAY Lieutenant Governor The Timothy E.Shea Trust 84 Maple Street Florence,MA 01062 April 21,2011 Re: Northampton-WWM 16 Meadow Street,Illicit Connection Clean Water Act NEC-WE-11-1N01 KENNETH L.KIMMELL Commissioner NOTICE OF ENFORCEMENT CONFERENCE TH1S LS AN IMPORTANT NOTICE. FAILURE TO RESPOND TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Sir, Department personnel have observed information that the building located at 16 Meadow Street, Florence MA is not in compliance with one or more laws,regulations, orders, licenses, permits, guidelines, or approvals enforced by the Department. The noncompliance includes discharge of pollutants without a permit, and information includes dye test evidence of a connection of the building's wastewater to a storm drain system flowing to the nearby Mill River. The Department intends to take enforcement actions in response to your noncompliance. Possible actions include issuance by the Department of an additional enforcement order, and/or a civil administrative penalty. Prior to proceeding with enforcement action, the Department requires that you attend an enforcement conference at this office on the following date and time: LOCATION: DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERSHED PERMITTING PROGRAM 436 DWIGHT STREET 5th FLOOR SPRINGFIELD,MASSACHUSETTS DATE: Thursday May 5,2011 TIME: 2:00 PM purpose of the enforcement conference is to provide you theealleged violations and to reach a negotiated settlement with rthe Department o return to s This information Is available In alternate format.Call Michelle WatersiEkanom,Diversity Director,at 617.292.575 MassDEP Website:mwtmass fovIdep Paned on Recycled Paper Drip 1.666-5394622 or 161157E-6660 compliance. At the enforcement conference,the Department may discuss assessment of a civil administrative penalty for the alleged violation(s). The Department considers several factors in determining whether to assess a penalty and the amount of a penalty for each violation. Some of the factors that the Department considers,and for which you may wish to provide information,include,but are not limited to,whether you took steps to prevent the violation,or to promptly return to compliance after the violation,or to remedy and mitigate any harm caused by the violation;your financial condition;the public interest;and any other information you would like to provide. Please note that if you intend to assert that you do not have the ability to pay some or all of a penalty,the Department will require that you provide documentation to support your assertion. If you either do not attend the enforcement conference or do not reach a negotiated settlement,the Department will initiate appropriate enforcement action,and you will have limited,if any,further opportunity to reach a negotiated settlement of this case. The Department may have legal counsel present at this enforcement conference. Representatives of the Timothy E. Shea Trust Town may also have their legal counsel attend if they so desire Please contact me at telephone # 413-755-2291 to confirm your attendance at the enforcement conference. Sincere CERTIFIED MAIL#7000 0600 0026 8859 6526 Brian D.Harrington onn Deputy Regional Director Bureau of Resource Protection KNECNHmpSheaMd W St4.11 cc: Steve Ellis,DEP/WERO Attorney William St.James 42 Morningside Drive,Florence MA 01062 n Wood Edward S. Huntley[nhuntley @hampdpw.org] nt: Friday,April 29, 2011 4:01 PM nt: Ben Wood • Elaine Real!, James Laurila, DPW; Doug McDonald bject: Re: meadow street iachments: nhuntley.vcf r Shea walked into my office on Tuesday and said that he would do the work necessary to connect as long as we m ovided stub n to discuss this matter next week.! digging next week. I a call called DEP higher authority! tyaid that they had asked n 4/29/2011 3:38 PM, Ben Wood wrote: ay update on this?Thanks. Ben en Wood, MPH irector, Northampton Health Department 12 Main Street, Municipal Building lorthampton, MA 01060 iirect Line: 413-587-1213 i e ne ra I Office:413-587-1214 ax:413-587-1221 :mail: h ood C'^^rrhamptonma.Rov ,rr. www.northam.tonma.•ov healthde City of Northampton email messages are public records except when they fall under one of the specific statutory exemptions. LAW OFFICES OF VILLIAM ST. JAMES William St James Attorney At Law Elaine M.Reall,Esq. 20 Hampton Avenue,Suite 160 Northampton,MA 01060 Re: 16 Meadow St., Florence,MA Dear Attorney Reall: October 12,2010 42 Morningside Drive Florence,Massachusetts 01062 TELEPHONE(413)586-3341 _ FAX(413)5863341 \; t pC2 2010 r This is a response to your letter to me of September 29, 2010, concerning the property at 16 Meadow Street,Florence. With respect to Paragraph 1 of your letter,Mr. Shea has indeed met with DPW employee, Mr. McDonald,on site on several occasions. You are absolutely mistaken when you assert that the Department has provided"ample evidence" of a"long standing violation" Quite the opposite is true as we will reveal to the Department if further discussions should take place. And,they will take place only if the City dismisses the Violation Notice, the appeal of which has not been responded to. The Violation Notice is a clear and transparent effort on the part of the Department to place my client in a position where he would perceive to be subject to a substantial daily fine when no evidence of a nuisance was presented. At Ao time did my client-cease discussions with the Department It was they who stopped communicating with him. If a"formal legal appeal does not exist"then why did the Department, along with the Board of Health,file a Complaint against him other than to intimidate him? Following the filing of Mr. Shea's appeal,I received a phone call from someone in the Department of Public Works asking to resume discussions with Mr. Shea. My response was that we would be willing to continue discussions only after the appeal hearing as to the violation. At that point,the caller hung up on me. Elaine M. Reall,Esq. October 12,2010 I have discussed these issues with my client and he is willing to meet with the Department n4 ly if the Natice of Violation is dismissed with prejudice. Very truly yours, St. James cc: Edward Huntley,DPW Director Ben Wood,Director,Northampton Health Department Mr. Timothy E. Shea C ©1A ELAINE M. REALL Attorney At Law 20 Hampton Avenue Suite 160 Northampton, MA 01060 (413) 586-2088 September 29, 2010 C o Pal Tdephane: (413) 584-0177 William St. James, Esquire SENT VIA FIRST CLASS MAIL AND Law iv St. James FACSIMILE TRANSMISSION 42 2 w Morningsid e D Drrive e Florence, MA 01060 Re: 16 Meadow Street, Florence, Massachusetts Property Failure to Remedy Sanitary Sewage Violation Dear Attorney St. James: Please be advised that this matter has been referred to this office in an attempt to remedy the current on-going violation. It is my understanding that your client, The Timothy E. Shea Trust, represented by Mr. Shea, has met repeatedly with representatives of the City's Department of Public Works. Despite standing discussions of this property's and the provision City rd of ample an e , it evidence appears c that your client remains unwilling to bring 16 violation of City Ordinances, it ap Meadow Street into compliance. "appeal of this It has come to my attention that on August 10, 2010 you submitted an "app remains willlling City's Board of — yet again Health wiith Mr, Shea, and counnlsel please note City— that a formal legal appeal does not exist relative to the sanitary nuisance noted above. If your client does not wish to further discuss his into options for rem d dial a systemion thative to the discharge of raw sewage from this property ' stands ready to enforce the Board of Health's order in this matter. totechnical informationaregardinghaccDeptableoremedial action, Mr.fBe Ben Wood, Direcltorve of the City's Public Health Department relative to complete remedial efforts or my office with respect to enforcement in this matter. Inasmuch as the notice of violation was issued 57 days ago, the City urges your client begin innstituuting a d lyy/fine Youer client's attention to this'mporta t i forced matter is solicited. Very truly yours, 7 p di (Lt)._ ' A- <-CCi�1 Elaine M. Reall EMR:km cc: Edward Huntley, DPW Director 'Ben Wood, Director, Northampton Health Department File n Doug McDonald [mailto:dmcdonald @nohodpw.org] Friday, July 30, 2010 10:03 AM kndrea Donlon 3en Wood ject: Mill River Water Quality Follow-Up area: have been investigating the high e-coli sample results for the stonnwater outfall to the Mill River in rence and I wanted to update you on what we have found so far and find out if another round of sampling by anteers has been scheduled. Board of Health has proceeded to put up signs at popular swimming spots along the Mill River in Florence ming that high bacteria may make these areas unsafe for swimming. a DPW has been investigating the n the s that Mill River vleeadow Street through manhole inspections,ons, d a line video inpect inspections, dye and outlets quality npling. linage syst m the 7/13/10 7/20/2010.The results by assampling f llol s(e-coli colonies/100m1)t different points in the weather flow eadow Street Outfall: 870.4 anhole(MH) at Meadow and Park Streets: 1,011.2 1-1 at Main and N.Maple Streets: 658.8 IH at N. Maple near#46: 755.6 [H at N. Maple and Sheffield: 755.6 ccording to these results the high bacteria numbers continue north up to the area around Sheffield Street in lorence but we were curious why the sample at Park and Meadow was so high. Ve have followed up the sample results by conducting drain pipe video inspections on North Maple St, Main A., and Meadow St. We found one clear illicit connection at 16 Meadow Street.The DPW verified with a dye est that the interior plumbing at this building was connected to the drain system and we have sent the owner a Jiolation Notice. [he lra drain ne on Sheffield has uncut pipe connections making camera investigat investigations these eareas difficult.The amount of DPW will be continuing to investigate the northern end of drainage system with the camera if possibe and be through dye tests if video inspection is not possible. Pll keep you posted on other results of our investigation. Please let me know when additional samples taken by volunteers. Thanks, Doug Doug McDonald Environmental Planner Engineering Department Northampton Department of Public Works 125 Locust Street Northampton, MA 01060 413-587-1582(tel) 413-587-1576 (fax) dmcdonald(dnoon wan" a htt.://www.northam r tonma.2ov/d.w/S ormwater/ ll Tri State Connecticut River Targeted Watershed Initiative tones Ferry,Holyoke MAH3) GccesslsSouth Hadley MAC4) Brunelle's Marina, South Hadley(MAH4) Barton Cove,Gill MAG4) 17 51 71w 131w 133 25 110 39 rage L GL 84 63 58 80 186w 98 ns net tsampled,count o data.TNTIC weather( numenrous to mums N rain in 24 hours) Tier 2 Sites Buttery Brook, Brainerd Street and Lathrop, South Hadley BBSH1)_ Date E.can Buttery Brook,49 School Street, South Hadley (BBSH4) Stony Brook,Rte 116 by Chaptlelaine Furniture South Hadle SBS>82 Stony Brook, Morgan St south of Lower Pond South Hadley (SBSH4) Stony Brook, Morgan St,east of Edison Dr., South Hadley (SBSHS) 81211101] 176 6121/10 217 Date IE.Coll (Date \8121/10 I N/A 6/21110 6121/10 Willlmaneett Brook,upstream side of Yelle Street,Chicopee 6/ 1111 Wlllimansett Brook,Chicopee Street 16/8/13) Fort River,Route 47 bridge,Hadley (FRH1) 6121/10 6121110 32 114 I IE.COM(Tier 2 Sites Maple Brook ` Greenfield (MBG) Date II Barton Cove, Franklin Cty Boat Club (CTRG1) 7nn0 cos co a 2420 <1.0 Barton Cove, FIn1LIght dock (CTRG2) 7/7110 Barton Cove, Unity Park upstream (CTRG3) 284 Fort River,Bike Path Bridge/Mill La and South East Street, Amherst lFRH7 1 on River,Pelham Road,Amherst IFRH9) Manhan River, Fort Hill Road, Easthampton BARED 6125110 Manhan River, O'Neill StreetI Lovefeld Street crossin MRE2 Manhan River, Glendale Road rossin01MREIS Mill River,MITI Site Road(MRH2) Mill River,N. Hadley Road Maln stem(MR115 Mill R.Recreation area. Mill River 1MRH1J1 165 293 I 394 6125110 I 249 6/25/10 Barton Cove, Unity Park parking(CTRG4) 717110 Date 30.5 71010 Unnamed stream near Elwell Island. Northampton lu SN11 Mill River, Meadow St Northampton (MRN3) 7113110 7/13110 206.4 74.9 otonnwater Hell to Mill River Meadow 5 MRN3.1)— I€.troll Date II x2419.6 II co II II 182 MITI River,Bliss St Northampton (MRN2) 7113110 4884 1 Mill River, Clement St Northampton MRN11 _ 7113110 135.4 6/25/10 226 6125110 6/25/10 6125110 6125110 243 258 316 6125/10 II http://www.umass.eduhei/mwwp/ctrivennonnoring.html 7/21/2010 Tri State Connecticut River Targeted Watershed Initiative Pagel of 3 Connecticut River Water Quality Monitoring Project to Mass Water Watch Partnership Tri State Connecticut River Initiative Web Site ti Results Project Background mquaegm ring protect*conducted by to Pioneer Wady Planning Co mmisslo0 and Con n coact);River Mal ershee counnum paM ersthp ,swat s�tearch Center t,ng for Me 2010 and 2011 seasons made possile�o funding omthher Ameo9lnveeeemn and ReiKlnmenntt of monitoring �amuealu afar soma p ° durum the Massachusetts 0.9 IgRPA)mwgn a mpbn WaB Water Management and Planning Go The ring project examines water temperature and bacteria ery at eighe2cre in Pa Mach peens °n neoimt River maimwm,One ne along me C ni eopee ROer.an0 mitpe silos on oN°n✓bela nee a coupon the Con ne m Regular water Quality monitoring on Me Con nectoul River began in 2008 and 2009,66h 7ang oleo Waters tier,l nik 9 tore grant from the V S.En Protection 1enAgencv Al m° d°p Dove red 25 stl¢e°ng the Con herecut River The Sites Men,ored were between Turners Fa 115 and Greenfield.MmsNelelle,bet en available cm Me s9rea and between CMmDoe and Holyoke, le Before lilts l nnlaeve was lm g round mvelble cmthe and Radford.a V rte that uingnet ee theneclrm a nerhad oea inlade arawous lemmma @al that m many urbanized areas me merYOamnralw mmannn iao en M1water rmgyTl wesmererenl5ammheremre l5made ads✓ueme for reaaanonemse. Data(decorated by the Connecticut toe erouaeryM a Monitoring nevefdirect providing with me ateers.Out mature local.state.state and federal ncalsm ddrresssig combined sewer over0o di.chargee and stormwetertlbws Bacteria Monitoring Therresults are updated ftter sampllnendompletedcc Wednesdays and are color coded according m EPA Recommendations tar E.calf (see below) .can S e Department 0,Ew P Pampa ot Wate Pollutono W130)4 bevels alre mdmated for Class wadhcsThe ConremCut River in Massachusetts desq nated as a class a waterway EPA Recommendations for E.coil(Escherichla coil;units=colonies/100m1). Appropriate Recreational Use Single sample maximum 235 uitable for primary water contact(swirming) 235-200 29¢409 >576 moderate full body contact recreation tl used full bod contact recreation infrequently used full body contact rareation unsuitable for recreation(no boating or swimming) Results Uodmeea°lyis.20,0I Massachusetts Criteria for E.colt'(Escherichia color;units=colonies/100ml): Geometric meana Single ample maximum Appropriate Recreational Use' < 126 235 suitable for primary water contact(swimming) 1114)107/21114 S e Department 0,Ew P Pampa ot Wate Pollutono W130)4 bevels alre mdmated for Class wadhcsThe ConremCut River in Massachusetts desq nated as a class a waterway EPA Recommendations for E.coil(Escherichla coil;units=colonies/100m1). Appropriate Recreational Use Single sample maximum 235 uitable for primary water contact(swirming) 235-200 29¢409 >576 moderate full body contact recreation tl used full bod contact recreation infrequently used full body contact rareation unsuitable for recreation(no boating or swimming) Results Uodmeea°lyis.20,0I Tier 1 Site 161910 16/9110 I6 I1611d6123110y30110f71T110 1114)107/21114 T12811g81N10 /1111d8/18(108(25/10� Pioneer Valley Yacht Longmeadow MAH1) 21 65 51 242w 146 27 122 PLLIub, Pynchon Point Park, 170 gawam(MAH2) 108 107 369w 290 126 65 North End BritlgeIBaSSett Marina Boat Launch, Springfield(MALI) 169 113 136 TNTCW TNTC 433 190 'Devitt Bridge 1 Granby 1 Rd,Chicopee(MAC2) 102 114 09 145w 62 117 150 88 182 51 43 medlna Chicop St(PAC3 25 43 140w http://www.umass.edudei/mwwp/ctrivermonitoring.html 7/21/2010