6-8 Notice of Non Compliance 1996 JAM F WELD
rnor
E0 PAUL CELLUCCI
overnor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
CERTIFIED MAIL NO. Z 276 535 367
RETURN RECEIPT REQUESTED
Florence Service, Inc.
6-8 Main Street
Florence, MA 01060
Attn: James F. Zawadki
JUN 19 1996
TRUDY COXE
Secretary
DAVID B. STRUMS
Commissioner
Re: BWP - Northampton (Florence)
Florence Service Station
6-8 Main Street
Noncompliance with MGL Chapter
111, Sections 142 A-M and 310 CMR
7.24 (Air Quality Regulations)
Noncompliance with MGL Chapter
21C, Sections 1 - 14, and 310 CMR
30.000 (Hazardous Waste Regulations)
• FMF # 126228
• AQ Stage II ID # MF0004942
• I-IW ID # MAV000017960
Enforcement Document No. NON-WE-96-9040-2,7
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE
FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE
TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr. Zawadki:
Department personnel observed on April 4, 1996 that your facility located at 8 Main Street in
Florence, Massachusetts, was in noncompliance with one or more laws, regulations, orders, licenses,
permits, or approvals enforced by the Department. Specifically, Department personnel observed that
your facility was in noncompliance with applicable Air Quality and Hazardous Waste regulations.
i Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TOD(413)746-6620 • Telephone(413)784-1100
0 Printed on Recycled Paper(20%Pmt Consumer)
Florence Seance
NON-WE-96-9040-2,7
Page 2
Attached is a written description of(1) the activities in noncompliance, (2) the requirement(s)
violated, (3) the action(s) the Department now requires you to take, and (4) the deadline(s) for
taking such action(s). An administrative penalty may be assessed for every day from now on that
you are in noncompliance with the requirements described in this Notice of Noncompliance.
Notwithstanding this Notice of Noncompliance, the Department reserves the right to exercise the full
extent of its legal authority, including, but not limited to, criminal prosecution, civil action including
court-imposed civil penalties, or administrative penalties assessed by the Department, in order to
obtain full compliance will all applicable requirements.
SOURCE REDUCTION OPPORTUNITIES
You may be able to reduce environmentally driven costs and possibly reduce the regulatory
requirements and fees applied to your firm if you eliminate or reduce the use of toxic materials or
other inputs, or the generation of wastes through decreased chemical use or increased process
efficiency. As a result, you may save money and improve quality and productivity.
For flirt* information on source reduction of toxic and other wast4 you may contact:
6 b
• the Office of Technical Assistance (617-727-3260) for FREE, CONFIDENTIAL technical
assistance including on-site assessments, financial evaluations, the handbook "The Practical
Guide to Toxics Use Reduction", and other resources.
• the Taxies Use Reduction Institute (508-934-3262) for courses for certified "Toxics Use
Reduction Planners".
• DEP's Toxics Use Reduction Implementation Team (617-292-5870) for guidance material on
the Toxics Use Reduction Act requirements.
If you have any questions regarding this Notice of Noncompliance, please contact Juliana
Vanderwielen or Craig Goff of this office at (413) 784-1100, extensions 256 and 277, respectively.
DATE
Very truly yours,
Craig C Go
Section Chief
Compliance & Enforcement
Bureau of Waste Prevention
CG/JV/jv
enclosures: Summary of Requirements for Small Quantity Generators of Hazardous Waste
Underground Tanks Accumulating or Storing Waste Oil
cc: Dorothy Blickens, AQ-Stage II, One Winter Street, Boston, MA 02108
Roberta Baker, Steven Ellis (2 copies), Harry Vandergrift
Alan Buckley, OTA, 100 Cambridge Street, Boston, MA 02202
Florence (Northampton) Board of Health
Florence Service
NON-WE-96-9090-2,7
Page 3
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE:
Florence Service Station
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
6-8 Main Street
Florence, MA 01060
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
April 4, 1996
DESCRIPTION OF NONCOMPLIANCE AND THE REQUIREMENT(S) NOT COMPLIED
WITH: E
A. Noncompliance with the Massachusetts Statute Regulating Air Pollution, MGL
Chapter 111, Sections 142 A-M, and the Regulations Which Implement Such
Statute, 310 CMR 7.00
1) Failure to properly install, maintain, and properly operate the vapor
balance system. Violation of 310 CMR 7.24(3)(£11. Coaxial fill/vapor recovery line
caps did not have gaskets.
2) Failure to maintain continuous records on the premises. Violation of 310
CMR 7.24(6)(£. Testing results, maintenance/failure records, employee training
log/certificate, and.Installation and Compliance (I & C) form for the vapor recovery
system were not available for review at the time of the inspection.
3) Failure to install signs to show how to properly use the vapor recovery
system. Violation of CMR 7.24(6)(e)5.
4) Vapor collection and control system has been altered, modified, or
otherwise rendered inoperative (vapor recovery system is not operating
properly). Violation of 310 CMR 7.24(6)(e). Hose configuration does not match
California Air Resources Board (CARE) Executive Order G-70-52-AM Exhibit 10.
Hoses are too long. Whip hose is attached such that it bends and flattens at the
bend (whip hose is missing connecting 90 degree swivel).
5) Failure to close cover of cold cleaning degreaser when not in use. Violation
of 310 CMR 7.18(8)(a)(4).
Florence Service
NON-WE-96-9040-2,7
Page 4
B. Noncompliance with the Massachusetts Hazardous Waste Management Act, MGL
Chapter 21C, Sections 1 - 14, and the Hazardous Waste Regulations, 310 CMR
30.000
1) Failure to properly mark and label hazardous waste containers. Violation of
310 CMR 30.340(1)(b). The waste oil tank was not properly labelled.
2) Failure to post a "HAZARDOUS WASTE" sign in the hazardous waste
accumulation area. Violation of 310 CMR 30.340(1)0). There was no hazardous
waste sign in the area of the waste oil tank.
3) Failure to clearly mark the hazardous waste accumulation area boundary.
Violation of 310 CMR 30.340(1)(k).
4) Failure to take weekly liquid level measurements and keep material
balance records for underground waste oil tank. Violation of 310 CMR
30.253(1)(h)1.
ACTIONS TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTIONS: 6
A. Noncompliance with the Massachusetts Statute Regulating Air Pollution, MGL
Chapter 111, Sections 142 A-M, and the Regulations Which Implement Such
Statute, 310 CMR 7.00
1) Install gaskets on the coaxial fill/vapor recovery line caps.
This action must be taken within 7 days of the date of receipt of this Notice.
2) Maintain and keep the following records at the facility:
a) Vapor collection and control system failure records.
b) Vapor collection and control system maintenance records.
c) Daily and monthly throughput records.
d) Testing results for the vapor collection and control system.
e) Certification that facility operators and employees received training and
instruction in the operation and maintenance of the vapor collection and
control system.
0 All permits, orders or licenses to operate issued for the facility by the
Department.
g) Inspection reports or other compliance documents issued for the facility by
the Department.
Further specifics regarding these records are listed in 310 CMR 7.246(6)(0, (g), and
(0.
This action must be taken within 7 days of the date of receipt of this Notice.
Florence Service
NON-WE-96-9040-2,7
Page 5
3) A copy of the testing results for the required testing of the vapor collection and
control system must be submitted to the Department. If there are no testing results
for the vapor collection and control system, the vapor collection and control system
must be tested in order to demonstrate compliance with 310 CMR 7.24(6). The
Department must be notified in writing at least two days prior to the anticipated test
date. The required tests are specified in 310 CMR 7.24(6)(g) and (i)-
This action must be taken within 30 days of the date of receipt of this Notice.
4) Correct the configuration of the dispensers such that they meet CARB Executive
Order G-70-52-AM Exhibit 10.
This action must be taken within 30 days of the date of receipt of this Notice.
5) Conspicuously post in the motor vehicle fuel dispensing area the operating
instructions for dispensing motor vehicle fuel using the vapor collection and control
system. These operating instructions must include, at a minimum a clear
description of how to correctly dikpense motor vehicle fuel using the system, a
warning not to attempt continua refueling after automatic shutoff, and a telephone
number to report problems expenenced with the vapor collection and control system
to the Department (for example, see enclosure).
This action must be taken within 7 days of the date of receipt of this Notice.
6) Close cover of cold cleaning degreaser when not in use
This action must be taken immediately on receipt of this notice.
B. Noncompliance with the Massachusetts Hazardous Waste Management Act, MGL
Chapter 2IC, Sections 1 - 14, and the Hazardous Waste Regulations, 310 CMR
30.000
1) Label the area of the underground storage tank (UST) with the words "Hazardous
Waste" (either put a label on manhole cover for the tank or place a sign in area of
UST with an arrow pointing to area of the UST). Label the waste oil accumulation
area (area inside the garage where waste oil is emptied into the UST) with the words
"Hazardous Waste" the name of the waste, the type of hazard associated with the
waste, and the date on which accumulation began.
This action must be taken immediately on receipt of this Notice.
2) Place a "HAZARDOUS WASTE sign in the accumulation area. The sign must meet
the guidelines of the National Fire Protection Associations code 704, with the words
"HAZARDOUS WASTE" in capital letters at least I inch high.
This action must be taken within 14 days of the date of receipt of this Notice.
Florence Service
NON-WE-96-9040-2,7
Page 6
3) Mark the boundary of the hazardous waste accumulation area.
This action must be taken within 7 days of receipt of this Notice.
4) Take weekly liquid level measurements and keep material balance records for the
waste oil tank (See enclosed fact sheet Underground Tanks Accumulating or Storing
Waste Oil for further details).
This action must be taken immediately on receipt of this Notice.
A description of all the steps that were taken to correct the above listed violations must be submitted
to the Department within 30 days of the date of receipt of this Notice.
DATE: (`I I tt b
raig C. .ff -
Section t•ief
Bureau of Waste Prevention
Western Region