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118 Notice of Noncompliance 2016 lades D.Baker ,vemar Iryn E.Polito sutenant Governor Commonwealth of Massachusetts Executive Office of Energy&Environmental Affairs Department of Environmental Protection Western Regional Off ice•436 Dwight Street, Springfield MA 01103.413-784-1100 Matthew A.Beaton Secretary Gretna Green Development Corp. 272 Exchange Street Chicopee, Massachusetts 01014 Attn: John Auth,President Martin Suuberg Commissioner September 8, 2016 Re: NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Northampton 118 Conz Street RTN 1-15737 NON-WE-16-3A043 Dear Mr Auth: On September 1,2016,the Massachusetts Department of Environmental Protection(MassDEP,the Department) conducted an audit inspection at the location identified above. In particular,the audit inspection focused on the operation,maintenance,and monitoring of the sub-slab depressurization system being implemented at this site under Remedy Operation Status. The audit also included a review of the inspection and monitoring(1&M)reports on-file at the Department,the most recent of which was received on August 26,2016. This Notice informs you of the results of the Department's audit inspection. VIOLATIONS IDENTIFIED The Department has determined that response actions were not performed in compliance with the requirements of the Massachusetts Contingency Plan(MCP). The enclosed Notice of Audit Findings and Notice of Noncompliance list the violation(s) and those action(s)that axe required to achieve compliance. A copy of the applicable field inspection form is also enclosed. Specifically,the Notice of Audit Findings and Notice of Noncompliance contains: (1)the requirement violated,(2)the date and place that the Department asserts the requirement was violated,(3)either the specific actions which must be taken in order to return to compliance or direction to submit a written proposal describing how and when you plan to return to compliance and(4)the deadline for taking such actions or submitting such a proposal. This information Is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TTY#MassReleY Se rvic 1-B00-439-2370 MassDEP Webslte_www.mass9ovideo Printed on Recycled Paper NORTHAMPTON,RTN 1-15737 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE LICENSED SITE PROFESSIONAL(LSP) A copy of this Notice has been sent to Dan Felten, the current LSP-of-Record for the disposal site. However,you,not your LSP,are responsible for responding to this Notice of Noncompliance and correcting the violations identified therein. LIMITATIONS The audit inspection did not include a compliance review of all response actions undertaken at this site to date. This audit was focused primarily on evaluating compliance with the MCP's maintenance requirements for operation,monitoring, and response as detailed in the most recent I&M report and as observed on September 1,2016. being conducted, The Department's findings were based on the certainty of the information reviewed during the audit. These findings do not: (1)apply to actions or other aspects of the site that were not reviewed in the audit,(2)preclude future audits of past,current,or future actions at the site,(3)in any way constitute a release from any liability,obligation, action or penalty under M.G.L.c.21E, 310 CMR 40.0000,or any other law,regulation,or requirement,or(4)limit the Department's authority to take or arrange,or to require any Responsible Party or Potentially Responsible Party to perform, any response action authorized by M.G.L. c.21E which the Department deems necessary to protect health,safety,public welfare,or the environment. If you have any questions regarding this Notice,please contact John Ziegler at 413-755-2228. Please reference Release Tracking Number 1-15737 and Enforcement Tracking Number NON- WE-16-3A043 in any future correspondence to the Department regarding the site. Sincerely, Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail#7016 1970 0000 4853 3062,Return Receipt Requested Enc.: Notice of Audit Findings and Notice of Noncompliance Field inspection form e-cc: Northampton: Chief Municipal Officer,Board of Health Dan Felten,LSP-of-Record,ECS Bill Simmons, Sr.Project Manager,ECS Denise Andler,DEP WERO Data Entry: ROS/SNAUDI; AUDCOM/NAFNON; FLDRUN 09/01/16 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE NON-WE-16-3A043 RTN 1-15737 THIS IS AN IMPORTANT LEGAL NOTICE. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Gretna Green Development Corp. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 118 Conz Street,Northampton DATE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: April 25,2014—current date (ongoing) —Date range that remote monitoring technology is required to be operational for an Active Exposure Mitigation Measure being implemented under Remedy Operation Status(ROS). DESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH: 1. 310 CMR 40.1026(3)(d) - An Active Exposure Pathway Mitigation Measure(AEPMM) implemented as part of Remedy Operation Status must employ remote monitoring technology that will alert the owner and operator of the building protected by the AEPMM and the Department immediately upon failure of the system,including loss of power, mechanical failure,or other significant disruption of the system effectiveness. The sub-slab depressurization system(SSDS)has been operating since February 11,2014 under ROS. On April 25,2014,regulations became effective requiring that AEPMM as rin onitoing technology. A remote monitoring system for SSDS has not been employed. ACTION(S)TO BE TAKEN AND DEADLINE(S)FOR TAKING SUCH ACTION(S): 1. Install remote monitoring technology,if not currently installed,that meets the necessary system requirements outlined at htt.://www.mass. ov/eea/a_encies/massde./clean./re 1ations/remote-teleme information.html. 2. Register the remote monitoring system with MassDEP. In order to complete the registration process you must submit the initial device registration at NORTHAMPTON,RTN 1-15737 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE http://www.mass._ov/eea/a.encies/massde.Icleanu.Ire lations/remote-telemh information.html,conduct a shutdown and restart test with MassDEP,and receive confirmation from MassDEP that the test was successful and the registration is complete. 3. After completion of the actions specified above, and submit a Post-Audit Completion Statement in accordance with 310 CMR 40.1170 on the form established by the Department(B W SC-111)within 90 days of the date of this Notice. For more information on electronic submittal of forms and reports,please visit MassDEP's website, ://www.mass .ov/eea/a•encies/massde./cleanu Ja..rovals/#2. htt If the required actions are not completed by the deadlines specified,an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. The Department reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including,but not limited to,criminal prosecution,civil action including court-imposed civil penalties,or administrative action, including administrative penalties imposed by the Department. For the Department of Environmental Protection: Date: Eva V.Tor Deputy Regional Director Bureau of Waste Site Cleanup td RTN: 1-15737 RSI AUDIT-PRE-INSPECTION SCREENING CHECKLIST Action Inspected: ❑Phase V ❑Class C ® ROS Town: NORTHAMPTON P/OP: Gretna Green Development Corp. 'Per'. cupant. NewE g Same as PRP Eng Treatment Access Inc Site Name: LSP/Consultant. Dan Felten,ECS Site Contact/Phone#: Matt McDonough 413-537-9109 Yes/No ndition blic Health Concerns S - ).5"NAPL within 15 feet of ground surface Na 5 mgll total VOCs<15 ft bgs&w/in 30 tt of school/residence No iM in surfitlal soil in S-1 area(schooilresidencelpark) No <500 feet,or site in Zone II or lWPA No ivate wells located her potential impacts to nearby receptors nvironment and Release Characte thin 500 feet of surface water,ACEC onfirmed contamination of surface lultiple sources of contamination 9edia other than soil or grow (mediation Waste(310 CMR 40.0030) temediationWaste removed within 120 days 2emediation Waste has been properly managed Dpeation,Monitoring and Maintenance Phase V/Class C OMM Requirements(310 CMR 40.0890) OMM Plan is on-file,with Ph.IV RIP,per 40.0874(3)(d) cs and/or wetlands wale and/or wetlands Comments Groundwater sampling lass performed in 2012 and 2013 indicated groundwater concentrations below current GW-2 standards and ceased in 2013. Two areas of PCE contamination-beneath existing building and outside building footprint to the west ater are affected Indoor a VGAC on site is in use monitoring OMM Plan identifies the type and frequency of OMM activities done in accordance with RIP goals&criteria See last ROS Status Report(826/16)for OMM-Section 5.0 Yes Yes OMM Plan updated in response to changes in site conditions Current 1&M report received on time(due every 6 mos.) OMM results are adequately documented,per 40.0892 Additional ROS Requirements(310 CMR 40.0893) Complete ROS submittal was received,per 40.0893(3) GRA is designed to achieve a Permanent Solution is properly operated,monitored.and/or maintained Each source of OHM has been eliminated or controlled CRA All Substantial Hazards have been eliminated CRA modified or ROS terminated when required NA Remedial to mitigate vaporrinlmsion of chlorinated solvents slocated beneath the on-site building.ng.aThe SSDS consists of Operation xt actontpoints Summary: A sub-slab (SSD-1 through SSD-11)connected to a blower. Off-gas emissions are treated using two 1,000-pound VGAC units piped in series. Monitoring of the SSDS consists of monitoring vacuum at 10 monitoring points throughout the building,indoor air sampling.and soil gas at one of sampling. wo sampl n9 locationsreadings i sbelow both residential and commercial/industrial irtthreshold the values. Other contaminants detected air that vacuum is being in indoor air Include carbon tetrachloride,chloroform.and methylene chloride and are believed to be unrelated to the release.Soil gas results indicate PCE remains beneath the building but contaminant mass has been reduced. January 2015-shutdown blower#1 and disconnected extraction legs SSD-12,880-13,and SSD-14 Telemetry is not setup but is a requirement of 40.1026 REMEDIAL SYSTEM INFORMATION SHEET (RSIS) Name/Location: 118 Conz Street actor Name: John Ziegler RTN: 1-15737 Date: 9/1/16 TEM INFORMATION licate all that apply: D GW Recovery/Treatment D NAPL Recovery 0 Oil-Water Separator 0 Liquid-phase GAC SSDS D GW Discharge D Remed.Additives D Air/Oxygen Sparge D SVE D CatOx D Vapor-phase GAC stem operating: S YES D NO System operating as designed and at proposed levels: S YES D NO M INSTRUMENTATION AND DOCUMENTATION* rstem Specifics Applicable tgbook present, information current verflow/high water shut-off switch 'assure shut-off switch ata collection devices(flow meter,etc.) rocess&Instrumentation Diagram ystem secured osting the name&telephone number of ontact in case of system malfunction wastewater Treatment Plant Operator ispections at regular intervals 'recautions taken to prevent damage by 'eezing,heat,vehicles&vandals 'ossible violations of 310 CMR 40.0041 if not present&working for remedial wastewater generation. PERATION INFORMATION ([month year)to[month year]) No Present 8, Working Yes Comment If not present,not working, or not done. Last Inspection'. 8/31/16 No No Yes NA NA No Remote telemetry not set up No NA Yes Yes No No NA NA No NA 3roundwater Treatment ([OHM type]) [OHM]Concentrations(pg/L) Influent: System tow rates(gpm) Design: Mid-point: Observed: 1 Effluent: Average: NAPL recovered during current period: (xi()gallons Water recovered during current pericd_1xx19allons _— ——— — — D charge meets permit limits? D YES D NO ❑ N/A Recent downtime? D YES D NO (If yes,describe below) Is Remedial Additives: Are downgradient monitoring wells present and in satisfactory condition: 0 YES 0 NO D N/A Sparge System Flow Rate: SVE System Flow Rate: antis Gauges observed at inspection 1. 2. 3. Air(Off-Gas)Treatment Readig: Notes: Mid-Poin Effluent From file review(ppmv): Field P1D reading(ppmv): Recent downtime? 0 YES 0 NO (If yes,describe below) Off-gas treatment devices achieving 95%reduction? 0 YES D NO 0 N/A Percent reduction if<95%: 0 Passive Sub-Slab Depressurization System:S Active Vacuum 58 inches water Inspection Summary/Highlights: Met with Bill Simmons and Brent Simmons of ECS on site. Reviewed operation of SSDS. Indicated that telemetry is required as part of ROS. Also,we discussed the following topics: whether effluent treatment is needed and PID in as essing both influuent andefuentt concentrate ns,progress towarld a Permanent Solution,and favorable trends ineffectiveness bot soil of gas and indoor air data.