39 Notice of Noncompliance 2016 on a path to compliance, it is essential to promptly and completely respond to all MassDEP enforcement actions,
including Notices of Noncompliance.
If there are any questions regarding this matter please contact Douglas Paine at (413) 755-2281 or me at (413)7
2148.
Respectfully,
Deirdre Doherty
Drinking Water/Municipal Serviccei Chief
Bureau of Water Resources
W:VbrpAws\Enforcement&Compliance\NONs\EPA NONCSAALinda Manor-LCR Notif Cert 2016-03-25
Attachments:
Lead and Copper Compliance Sampling Program—Consumer Results
Lead&Copper Rule(LCR)—Certification of Consumers and Schools/Early Education&Care Facilities;Notice of
Lead Tap Water Monitoring Results
cc:
MassDEP-Boston-DWP&OE
Northampton BCC
s D. Baker
ror
E. Polito
nant Governor
Commonwealth of Massachusetts
Executive Office of Energy &Environment& Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100
Matthew A.Beaton
Secretary
Martin Suuberg
Commissioner
in Quincy
Ida Manor Nursing Home
4 Haydenville Road
ads,MA 01053
March 25,2016
Re: Northampton
Linda Manor Nursing Home
PWS ID#1214001
Enforcement
NON-WE-16-5D076 CSA
NOTICE OF NONCOMPLIANCE
With Violation-Response/Compliance-Schedule-Approval(CSA)Form
IIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS
)TICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. THIS NOTICE IS ISSUED PURSUANT
M.G.L. c. 21A § 16,310 CMR 5.00 AND M.G.L.c. 111, §§159-160 AND 310 CMR 22.00.
:ar Mr. Quincy:
le Department of Environmental Protection("MassDEP")has determined that Linda Manor Nursing Home("Linda
anor")failed to complete all required actions in response to the lead and copper monitoring results of 2015 in a
nely manner in accordance with 310 CMR 22.00. Linda Manor was therefore not in compliance with one or more
vs,regulations,orders, licenses,permits,or approvals enforced by MassDEP.
(closed is a ComplianceSchedule-Approval(CSA)Form which includes required compliance actions and
adlines. Please sign and return the CSA Form indicating either:
(a) Your agreement with the action(s)and schedule in Option 1,
OR
(b) Your submittal of a proposed compliance plan for approval as described in Option 2. Option 2
compliance plans must contain an action schedule and satisfy the requirements of 310 CMR 22.00.
you fail to comply with requirements of this Notice of Noncompliance(NON)by the prescribed deadline(s),or if
w otherwise fail to remain in compliance in the future with requirements applicable to you,you could be subject to
gal action,including,but not limited to,criminal prosecution,court-imposed civil penalties,or civil administrative
snalties assessed by MassDEP. A Civil Administrative Penalty may be assessed for every day from now on that you
e in noncompliance with the requirements referred to above. Additionally,to avoid being placed on United States
nvironmental Protection Agency's(EPA's)list of public water systems with unaddressed violations which are not
SDWP Archive\WERO\Northampton-1214001—Enforcement-2016-03-25
s information is available in alternate format Call Michelle W k nern,Diversity Director,pat 617-292.5751.TTY#MassRelay Service 1-B00439-237e
MassDEP
Printed on Recycled Paper
DATE � 'd 1 ((0
Deirdre Doherty
Drinking Water/Municipal Servigs Chief
Bureau of Water Resources
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
OF ENTITY IN NONCOMPLIANCE:
Linda Manor Nursing Home
TION WHERE NONCOMPLIANCE OCCURRED Leeds,Northampton,Massachusetts
AS OBSERVED:
WHEN NONCOMPLIANCE OCCURRED OR October 2015 and December 31,2015
)BSERVED:
RIPTION OF NONCOMPLIANCE:
Manor collected samples for lead and copper analysis on August 31,2015,and the results were submitted to
EP on October 8,2015. Linda Manor has failed to provide consumer notice of the lead and copper sample
,in violation of 310 CMR 22.06B(6)(e). This consumer notice of the actual results for each of the five sample
ins is different from public education for an exceedance of the Action Level, and is required whether or not the
ival result indicates an exceedance. This notice was required to be provided by no later than 30 days after the
Teamed of the tap monitoring results.
Manor has failed to subsequently submit certification of the m notifications,in
by violation Mby assachusetts
ing Water Regulations 310 CMR 22.06B(11)(03.
)ecember 31,2015.
I RIPTION OF THE APPROPRIATE REGULATIONS:
;MR 22.06B(6)states in part:Public Education and Supplemental Monitoring Requirements. All water
ms must deliver a consumer notice of lead and copper tap water monitoring results to persons served by the
system at sites that are tested, as specified in 310 CMR 22.06B(6)(c). 310 CMR 22.06B(6)(o)2.states:A
r system must provide the consumer notice as soon as practical,but no later than 30 days after the system
s of the tap monitoring results.
:MR 22.06B(11)states in part:"All water systems shall report all of the following information to the
utment ...(f)3.No later than 90 days following the end of the monitoring period,each system shall mail a sample
of the consumer notification of tap results to the Department along with a certification that the notification has
distributed in a manner consistent with the requirements of 310 CMR 2.06B(6)(c)."
c ."
CMR 22.03(1) states in part: "Failure to comply with 310 CMR 22.00 constitutes a violation. For any
ation_.the Department may set a schedule for compliance within an enforcement document with specific
rim measures that the supplier of water must take."
LIONS TO TAKE AND DEADLINES:
April 25,2016,complete and submit the attached M&R Response/CSAForm to respond to the alleged
lations by either:
(1) selecting and implementing Option 1 with MassDEP approval,or
(2) selecting le obtaining o
then implementing the plan,as approved. If you need additional al time to prepare a plan
r tten proposal to
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.
❑ OPTION TWO: PWS'S PROPOSED COMPLIANCE PLAN
A proposed Compliance Plan must include a schedule for coming into compliance
reporting violations cited in the NON.
th each of the monitorir
My system has attached a proposed Compliance Plan detailing the actions my system proposes to take to retu
compliance and, as appropriate,to prevent future noncompliance. 1 understand that MassDEP will notify me
writing,which may include e-mail,if my system's proposed Compliance Plan and schedule is approved.
C. CERTIFICATION: WATER COMMISSIONER, OWNER,AND OWNER REPRESENTATIn
OR OTHER AUTHORIZED PARTY
I certify that I am duly authorized to complete and submit this form on behalf of the public water system identified above and that the
information contained herein is true,accurate and complete to the best of my lmowledge and belief. I understand that MassDEP may a
civil administrative penalties in accordance with M.G.L.c.21A,§16,and 310 C■ R 5.00 on any Supplier of Water that fails to comply
the provisions and schedule set forth in a MassDEP-approved Compliance Plan.
Signature:
Date:
Print Name:
Phone#:
Email Address:
Please return this Form with all attachments(if any)to MassDEP at:
MassDEP-Western Region
Drinking Water Program
436 Dwight Street
Springfield,MA 01103
Title:
Massachusetts Department of Environmental Protection
Bureau of Water Resources—Drinking Water Program
MONITORING
-AND -APPROVAL(CSA)FORM
M.G.L. c. 21A, §16, 310 CMR 5.00
e to complete and return this form,and failure to take the actions required to return to compliance,
result in serious legal consequences.
IUCTIONS: By April 25, 2016,please complete and submit this form and supporting documentation to
IEP at the address specified at the bottom of this form to obtain MassDEP approval of your system's
red plan for returning to compliance with the requirements cited in your Notice of Noncompliance(NON).
GENERAL INFORMATION
M&R Response
CSA Form
luincy
Manor Nursing Home
aydenville Road
,MA 01344
Re: Northampton
Linda Manor Nursing Home
PWS ID# 1214001
Enforcement
NON-WE-16-5D076 CSA
CORRECTIVE ACTIONS required under M.G.L.c. 111,§§ 159-160 and 310 CMR 22.00 AND
VEST FOR COMPLIANCE PLAN APPROVAL
e select either Option 1 or Option 2 below by checking the appropriate box.
erstand that,if I check Option 1,my system's Compliance Plan will be deemed approved upon MassDEP's
pt of this completed form.
ierstand that, if I check Option 2,MassDEP will notify me by e-mail if my system's proposed Compliance Plan
proved.
IPTION ONE: MASSDEP APPROVAL OF PRE-DETERMINED COMPLIANCE PLAN
system shall complete consumer notice of the individual tap results from the 2015 lead and copper tap water
,itoring to the persons served by the water system by April 25,2016. My system will submit the certification that
;umer notification was completed by April 25,2016. The reporting forms for this purpose are attached and are also
fable electronically at h a/ nvw_mass gov/sea/agencies/nrassdep/watedapprovals/drinking-water-forms.html#9.
system will contact Catherine Wanat at(413)755-2216 for assistance if needed.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Drinking Water Program
Lead& Copper Rule(LCR)— Certification of Consumers and Schools/Early Education-8,Cap
Facilities
Notice of Lead Tap Water Monitoring Results
D. Mandatory Agency Delivery Requirements — Checklist for All P
PWS has:
❑ Completed this form.
❑ Attached an example of the consumer and schools/early education &care facilities notifical
form.
❑ Within 90 days following the end of the monitoring period: Delivered 1-copy of LCR Certific
and 1-copy of ALL the attachments check-marked above to the appropriate MassDEP regic
Failure to submit this Certification Form is a violation of 310 CMR 22.068(11)W,which m
in enforcement action that may include penalties, pursuant to M.G.L.c.21A sec. 16 and 3'
5.00.
LCR Certification•rev 11-2012
Page 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Drinking Water Program
Lead&Copper Rule (LCR)— Certification of Consumers and Schools/Early Education& Care
Facilities
Notice of Lead Tap Water Monitoring Results
A. PWS Information and Certification
PWS Name
PWS ID#
City!town
Title
Name
Date Phone Number
Signature
The public water system (PWS) named above hereby certifies that its lead and copper consumer notice
has been provided to each person it serves at the specific sampling site from which the sample was
tasted in compliance with 310 CMR 22.06B, as well as to schobls/early education &care facilities for any
sampling conducted in those facilities. I hereby certify that the PWS has provided the lead and copper
consumer notice to the following:
❑ Homeowners ❑ Schools/Early Education & Care Facilities
Compliance Monitoring Period: Start date to End date
Number of Sites Sampled: Date PWS Received Results From Lab.
B. Consumer Delivery Methods — Based on Type of Public Water System
For Communi y water systems(choose a or bl
❑ a. My system notified consumers, including schools/early education &care Date completes
facilities if applicable, by U.S. Mail.
❑ b. My system notified consumers, including schools/early education &care Date completed
facilities if applicable, by hand/direct delivery.
For Non Transient Non Communi water system(choose a or b
❑ a. My system posted the notice within the facility in which the samples were Date Completed
collected and will post the results along with a copy of the consumer notice until
the next lead and copper results are reported. -
❑ My system is a school/early education &care facility;we also sent the notice Date Completed
home with the student/child. -
❑ b. My system notified consumers by hand/delivery.
Date Completed
C. Consumer Delivery Requirements
system The ls s )these results and the
all c sumrs, includ ng homeowners and schools/early education&care facilities sampled as part
- of the PWS lead and copper sampling program,within 30 days of receiving the test results from the
laboratory:
❑ Individual tap results from lead and copper tap water monitoring.
❑ An explanation of the health effects of lead and copper with steps that consumers including
schools/early education &care facilities can take to reduce exposure to lead and copper in drinking
❑ Contact information for your water system.
❑ The maximum contaminant level goals and action levels for lead and copper, and the definitions of
these two terms from 310 CMR 22.02.
Date
Page 1 of 2
rtificatlon•rev 11-2012
Ilenlion Public Wafer Systems: The bolded language in this letter is mandatory, which requires that it be included
in this letter exactly as written.An electronic copy of this form is located on the MassDEP website at
http://unw.mass.gov/eeahigenciesbnassdep/water/apw'ovals/lead-and-coPPechind.
LEAD AND COPPER COMPLIANCE SAMPLING PROGRAM
WS Name:
WS Town:
WS ID:
)ear EOM,
'hank you for your participation in the lead and co er ta monitoring program. This letter i the lead and
opper results from the sample collected at on
The lead and copper levels in your water sample are as follows:
,E AD: milligrams per liter(mg/t).This result is❑above/17j at or below the lead action level.
TOPPER: milligrams per liter(mg/I). This result is❑above/0 at or below the copper action level.
Nhat Does This Mean?
fhe United States Environmental Protection Agency(EPA)and the Massachusetts Department of Environmental
'rotection(MassDEP)set the Lead Action Levels for lead in drinking water at 0.015 mg/I(or parts per million)
Ind the Copper Action Level at 1.3 mg/1.Because lead may pose serious health risks,the EPA and MassDEP also
:et a Maximum Contaminant Level Goal(MCLG)2 for lead of zero.The MCLG for copper is 1.3 mg/I.
[f present,elevated levels of lead can cause serious health problems,especially for pregnant women and
young children.Lead in drinking water is primarily from materials and components associated with service lines
and home plumbing.Our public water system is responsible for providing high quality drinking water,but cannot
control the variety of materials used in plumbing components.More information on lead in drinking water and steps
you can take to minimize exposure is available from the Safe Drinking Water Hotline or at:
http:/heater.e p a.gov/drink/info/lead[index.cfm
We recommend the following tips to keep any potential lead and copper out of the water you drink:
• Most importantly—Flushing your water is the simplest way to reduce exposure to lead.When your
water has been sitting for several hours,flush the tap until the water feels cold before use.
• Never use hot water from the faucet for drinking or cooking especially when making baby formula.
• Never boil water to remove lead or copper. Boiling water for an extended time may make the lead or
copper more concentrated.
For more information on lead in drinking water visit
htto://www.mass.eov/eea/aeenc ies/massden/water/drinkinad s-t here-lead-in-mv-taPwater.html
For more information on copper in drinking water visit
htto://www.mass.Rov/eea/does/dep/water/drink inJalpha/a-thru-h/copperfs.pdf
http://watcr.epa.eov/drink/contaminants/basic information/cop per.cfm
If you have any questions regarding lead or copper in drinking water or your lead or copper sampling results,please
feel free to contact: [insert:PWS Contact at PWS Phone Number.]
Sincerely
s to repo
(PWS Signature Block)
Check box if applicable: ❑Copy of analytical report attached
I The Action Level is the concentration of a contaminant which,if exceeded,triggers treatment or other requirements
which a water system must follow.
2 The Maximum Contaminant Level Goal(MCLG)is the level of a contaminant in drinking water below which there is no
known or expected risk to health. MCLGs allow for a margin of safety.
November 2015