811 DEP Correction Order 2017 MassDEP
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1 100
Charles D.Baker Matthew A.Beaton
Governor Secretary
Karyn E.Polite Martin Suuberg
Lieutenant Governor Commissioner
25 2117
Massachusetts Department of Transportation JUL
811 North King St.
Northampton,MA 01060
Attention: Patrick J.Paul,District Highway Director
RE: Northampton-DSVVM-17-214-017
Former MI{D Depot—Locust St.
Solid Waste Dumping Ground
CAD Final Closure —Failure to Complete
BWPSW25
Transmittal 4X262791
Dear Mr.Paul:
On October 4,2014,the Massachusetts Department of Environmental Protection(MassDEP)issued to the
Massachusetts Department of Transportation(MassDOT)the permit approval of a Corrective Action Design
(CAD, or Final Closure) report and permit application for remediation of the solid waste dumping ground
(the dumping ground)at the former MassDOT Depot,located off Locust St. in Northampton,MA. The
report had been prepared on behalf of MassDOT by its consultant,AECOM,Inc. (AECOM)of Chelmsford,
MA,and submitted to MassDEP on September 8,2014. MassDEP had previously issued to MassDOT
permit approvals of the Comprehensive Site Assessment(CSA)report and the Corrective Action Alternatives
Analysis(CAAA,or Feasibility Study)for the dumping ground. The CSA and CAAA permit approvals
contained detailed reviews of the environmental assessment of the dumping ground.
In the September 8,2014 permit application,MassDOT stated that the Final Closure Work would be
completed in 2015, and MassDEP's CAD permit approval required that the Final Closure Work be completed
by October 1,2015. To date,no Final Closure work has been performed at the dumping ground.
Therefore,MassDEP is re-issuing the CAD permit approval to MassDOT,with a revised deadline for
completion of the Final Closure Work of November 15.2018. MassDOT shall respond in writing within 14
days of the date of this revised permit approval, stating its intention to comply with the permit approval and
the revised completion deadline. Outlined below is the revised CAD permit approval.
This information is available in alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.govidep
Printed on Recycled Paper
�5,
MassDOT Northampton Depot—Revised CAD Permit Approval
Page2of7
Revised CAD Permit Approval
The September 8,2014 application included the following:
• A completed BWPSW25 application form and transmittal form;
• Text describing the proposed revised remedial activities to be performed as part of the final closure
of the dumping ground;
• Engineering plans,cross-sections and details;
• A copy of the approved Order of Conditions for the final closure of the dumping ground,issued
April 24,2014 by the Northampton Conservation Commission; ;
• A copy of the U.S.Army Corps of Engineers General wetlands permit,dated April 7,2014;and
• A copy of the MassDEP Water Quality Certification for the work,dated May 7,2014.
The dumping ground is about 0.7 acres in size and 5 to 10 feet thick,located at the northwestern portion of
the MassDOT property,along both sides of the small stream there. The small stream enters the site at the
northern property boundary via a culvert,flows above-ground for about 150 feet,then is culverted under the
southern portion of the MassDOT property and Locust Street,and discharges in the Smith Vocational pasture
just south of Locust Street. Test-pitting in the dumping ground showed that the material within it is primarily
soil fill,including street sweepings,with secondary amounts of concrete and asphalt rubble,wood,metal and
glass. Groundwater monitoring wells TB-121 and TB-221 are located immediately downgradient(south)of
the dumping ground,and monitoring well MW-3 is located crossgradient(southeast)of the dumping ground,
near the MassDOT salt shed,which apparently is still used. There are no public or private water supply wells
in the vicinity of the site,and all properties in the surrounding area are serviced by the City of Northampton's
municipal water supply system.
The Qualitative Risk Assessment for the dumping ground, contained in the CSA Report,states that:
• The groundwater and surface water at and downgradient of the dumping ground poses No
Significant Risk to human health and the environment;
• The slightly elevated lead level at the Downstream sediment sample on-site and the low levels of
TPH at both sediment locations do not pose a significant risk to human health or the environment;
• Landfill gas is not being generated by the dumping ground and is not a risk to human health or the
environment;and
• Overall,"human health and environmental impacts from the solid waste area are limited and the
present risk posed by the site is considered to be low".
• Summary of Proposed CAD Work
Final Closure activities will consist of the following:
• Prior to any remedial work,erosion and sedimentation controls will be placed around the limits of
work,as required by the Conservation Commission.
• The entire volume of the solid waste dumping ground will be excavated down to underlying
native soil, and all solid wastes will be screened from the excavated soils using a mechanical
screen. •
• All solid wastes screened or otherwise removed from the excavation will be disposed or
recycled at permitted,off-site disposal/recycling facilities.
• Screened soils from the excavation will be placed in 500 cubic yard(cy)piles and one
composite sample will be obtained from each 500-cy pile and analyzed for volatile organic
compounds(VOCs)by EPA Method 8260, RCRA 8 metals,Extractable Petroleum Hydrocarbons
MassDOT Northampton Depot—Revised CAD Permit Approval
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(EPH)by MassDEP ORS Method,and Polychlorinated biphenyls(PCBs)by EPA Method 8280.
• Screened soils which are below the MassDEP's Bureau of Waste Site Cleanup(BWSC) S-1,
GW-1 soil standards will be placed back into the excavated area.
• Screened soil which is above the S-1,GW-1 soil standards will be removed under Bills of
Lading to off-site,permitted landfills for proper reuse as alternate daily cover material.
• For parameters where no S-1,GW-1 standards are available,the MassDEP BWSC Reportable
Concentration S-1 (RCS-1) soil standards will be utilized to determine the disposition of
screened soils.
• Following the excavation of the entire solid waste mass of the dumping ground and prior to the
replacement of screened soils as outlined above,composite soil samples will be obtained from
each 50-foot by 50-foot area of the base of the excavation,to determine if backfilling can occur.
Each of these composite soil samples will be analyzed for VOCs by EPA Method 8260,RCRA 8
metals,EPH by MassDEP ORS Method,and PCBs by EPA Method 8280.Backfilling will not
occur unless and until the basal soil samples meet the S-1, GW-1/RCS-1 soil standards.
• The excavation will be backfilled with the excavated soils meeting S-1, GW-1 soil standards and
clean soil and topsoil,will be graded to a minimum 2%topslope and maximum 2:1
horizontal:vertical slope,and wetland restoration will be completed as outlined in the Wetland
Restoration Plan and as approved by the Order of Conditions.
• A Closure Certification Report will be completed.
MassDOT had stated that the Final Closure work would be completed in 2015.
MassDEP DETERMINATIONS
Personnel of MassDEP have reviewed the Corrective Action Design(CAD)permit application to remediate
the Northampton MassDOT Depot Solid Waste Dumping Ground(the dumping ground)in accordance with
MGL c. 111 s. 150A,MGL c.30A,310 CMR 19.000,and the MassDEP's publication Landfill Technical
Guidance Manual(the LAC Manual),revised in May, 1997. MassDEP has determined that the CAD Plan
and permit is approved in accordance with MGL c. 111,s. 150A and MGL c.30A,subject to the revised
permit requirements outlined below.
1 . The Project Engineer shall be a qualified,independent(third-party)Massachusetts-registered
Professional Engineer.The Project Engineer(or a third-party engineer working under their
supervision)shall provide full-time project oversight and Quality Assurance/Quality Control
(QA/QC)monitoring,and shall be on-site at all times when the Contractor is performing excavation
and other remedial work at the site.
2. MassDOT and the Engineer shall be considered operators with respect to the Final Closure of the
DumpingGround in compliance with plans and specifications. As such,the MassDEP may take
enforcement action against MassDOT or the Engineer,consistent with its authority under
applicable Massachusetts law and regulation,for any failure to perform Final Closure work in
accordance with approved plans and specifications of which MassDOTor the Engineer were,or
should have been,aware.
3. Prior to any remedial work,erosion and sedimentation controls shall be placed around the limits of
work as required by the Northampton Conservation Commission. Remedial work at the dumping
ground shall comply with the applicable requirements of the Northampton Conservation
Commission, U.S.Army Corps of Engineers, and the MassDEP Water Quality Certification.
MassDOT Northampton Depot—Revised CAD Permit Approval
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4 . The entire volume of the solid waste dumping ground shall be excavated down to native soil, and
all solid wastes shall be screened from the excavated soils using a mechanical screen.
5. All solid wastes screened or otherwise removed from the excavation shall be disposed or recycled
at permitted, off-site disposal/recycling facilities.
6. The screened soils shall be placed in 500 cubic yard(cy)piles and one composite sample shall be
obtained from each 500-cy pile,to be analyzed for volatile organic compounds(VOCs)by EPA
Method 8260,semi-volatile organic compounds(SVOCs)by EPA Method 8270,RCRA 8 metals,
Extractable Petroleum Hydrocarbons(EPH)by MassDEP ORS Method,Polychlorinated biphenyls
(PCBs)by EPA Method 8280,Herbicides by EPA Method 8150,and Pesticides by EPA Method
8081A.
7 . Screened soils which are below the MassDEP's Bureau of Waste Site Cleanup(BWSC)S-1,
GW-1 soil standards may be placed back into the excavated area,and shall be covered by six(6)
inches of clean cover soil.
8 . Screened soils which are above the S-1,GW-1 soil standards shall be removed under Bills of
Lading to off-site,permitted disposal/recycling facilities for proper reuse or disposal.
9. For parameters where no S-1, GW-1 standards are available,the MassDEP BWSC Reportable
Concentration S-1 (RCS-1)soil standards shall be utilized to determine the disposition of
screened soils:
10. Following the excavation of the entire solid waste mass of the dumping ground and prior to the
replacement of screened soils as outlined above, one composite soil sample shall be obtained
from each 50-foot by 50-foot area of the base of the excavation,to determine if backfilling can
occur.
11. Each of the soil samples from the base of the excavation shall be analyzed for VOCs by EPA
• Method 8260, SVOCs by EPA Method 8270;RCRA 8 metals,EPH by MassDEP ORS Method,
PCBs by EPA Method 8280,Herbicides by EPA Method 8150,and Pesticides by EPA Method
8081A.
12. Backfilling of the excavation shall only occur if the basal soil samples are below the S-I,GW-1
soil standards; if levels are above the S-1, GW-1 standards,excavation shall proceed until basal
soil samples are below the S-1, GW-1 standards.
.13. All CAD work for the dumping ground shall be completed as proposed by November 15,2018.
14. Within 60 days of the completion of the CAD work,the engineer shall submit a Closure
• Certification Report as a BWPSW43A permit application to MassDEP, documenting that the
work was performed in accordance with the approved plans and this permit approval.The
Closure Certification Report shall include a Deed Notification in accordance with 310 CMR
19.141 if any soils over the S-1,GW-1 soil standards remain in the dumping ground upon the
completion of work.
15. If any soils over the S-1,GW-1 soil standards remain in the dumping ground upon completion of
work, post-closure maintenance and monitoring of the dumping ground may be required,and the
Closure Certification Report shall contain proposals for such.
MassDOT Northampton Depot—Revised CAD Permit Approval
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16. MassDOT shall contract with a Licensed Site Professional(LSP)to oversee the assessment and
remediation of any oil or hazardous materials(OHM)which may be encountered during the
excavation work,i.e.any drums,pails or other containers containing OHM,any free product,or
any soils exhibiting the characteristics of a hazardous material or hazardous waste.
17. Should any OHM, free product,or any soils exhibiting the characteristics of a hazardous material
or hazardous waste be encountered,the LSP shall contact MassDEP as necessary according to
MassDEP BWSC regulations,and shall oversee the sampling,temporary stockpiling, and
removal of any OHM encountered(to off-site,permitted disposal facilities, as needed),in
accordance with MassDEP regulations,MassDEP directives and requirements,and the site's
Health&Safety(H&S)Plan and Hazardous Materials Contingency Plan.
18 . A modified Health & Safety(H&S)Plan for the remedial work at the dumping ground shall be
submitted to MassDEP prior to the start of any remedial work at the site.
19. The concrete rubble present in or adjacent to the wetland to the west of the dumping ground shall be
removed and properly recycled/disposed at permitted off-site facilities.
2 0. Upon completion of soil backfilling of the excavation,the grade of the backfilled excavation shall
not exceed 3:1 horizontal/vertical,and 6 inches of clean soil shall be placed over the backfilled
soil and the wetland restoration shall be completed in accordance with the Order of Conditions.
21. Until such time as the MassDEP approves the Closure Certification permit application,
environmental monitoring shall be performed once each year by December 31 (including 2017)at
the site as follows:
A. Groundwater monitoring wells TB-121,TB-221,and MW-3 shall be sampled and analyzed for
the parameters outlined at 310 CMR 19.132(hxl-3),including dissolved RCRA 8 metals,VOCs
by EPA Method 8260.
B. Surface water samples shall be obtained from the upstream(SW-Upstream),both downstream
(SW-Downstream-land SW-Downstream-2),and the wetland(SW-B4)surface water sampling
locations and analyzed for the parameters outlined in 310 CMR 19.132(h)(1-3),including VOCs
by EPA Method 8260,and total RCRA 8 metals. The SW-B4 surface water sample shall also be
analyzed for dissolved RCRA 8 metals,and for SVOCs by EPA Method 8270.
C. All VOC analyses by EPA Method 8260 shall be performed as outlined in 310 CMR
• 19.132(h)(3),specifically methyl ethyl ketone,methyl isobutyl ketone, 1,4-dioxane and acetone
shall be included,and unknown peaks having intensities greater than 5 times the background
intensity(tentatively identified compounds,or TICs)shall be identified.
D. The laboratory method detection limit for 1,4-dioxane shall be below the 0.3 microgram/liter
(ug/1)MA Drinking Water guideline(MCL)for 1,4-dioxane. As outlined at 310 CMR
19.132(1)(i), all laboratory reporting limits shall be below the MCLs or applicable standards
(GW-1)for each analyte tested.
E. Quality Assurance/Quality Control Plan(QA/QC)protocols for all environmental monitoring
should generally follow those outlined in the MassDEP's LAC and Standard References
manuals.
F. A monitoring report shall be submitted to the MassDEP within 45 days of the date of sampling,
MassDOT Northampton Depot—Revised CAD Permit Approval
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which shall contain all of the results of annual environmental monitoring for the dumping
ground.
The MassDEP and its agents and employees shall have the right to enter upon the site at all reasonable
times,to inspect the dumping ground and any equipment, structure or land located thereon,take samples,
recover materials or discharges, have access to and photocopy records,to perform tests and to otherwise
monitor compliance with this Permit and all environmental laws and regulations. This right of entry and
inspection shall be in addition to the MassDEP's access authorities and rights under applicable federal
and states laws and regulations,as well as any permits or other agreements between the Permittee and the
• MassDEP.
Pursuant to 310 CMR 19.033(5), any person aggrieved by the issuance or denial of this permit decision,
except as provided for under 310 CMR 19.033(4)(b),may file an appeal for judicial review of said decision
in accordance with the provisions of M.G.L. c. 111, s. 150A and c. 30A not later than thirty [30] days
following the receipt of the final permit. The standing of a person to file an appeal and the procedures for
filing such appeal shall be governed by the provisions of M.G.L. c. 30 A. Unless the person requesting an
. appeal requests and is granted a stay of the terms and conditions of the permit by a court of competent
jurisdiction, the permit decision shall remain effective or become effective at the conclusion of the 30 day
period.
Any aggrieved,person intending to appeal the decision to the superior court shall provide notice to MassDEP
of said intention to commence such action. Said Notice of Intention shall include the MassDEP File Number
(17-214-017) and shall identify with particularity the issues and reason(s) why it is believed the approval
decision was not proper. Such notice shall be provided to the Office of General Counsel of MassDEP and
the Regional Director for the regional office which made the decision. The appropriate.addresses to which to
send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street-Third floor
Boston,02108
Regional Director
Department of Environmental Protection
436 Dwight Street-Fifth Floor
Springfield,MA 01103
No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised
at the appropriate point in the administrative review procedures established in those regulations,provided that
matter may be raised upon a showing that it is material and that it was not reasonably possible with due
diligence to have been raised during such procedures or that matter sought to be raised is of critical
importance to the public health or environmental impact of the permitted activity.This approval pertains only
to the Solid Waste Management aspects of the proposal and does not negate the responsibilities of the owners
or operators to comply with any other local,state or federal laws and regulations now or in the future.
The MassDEP reserves the right to rescind or modify this permit approval or to require additional
conditions,should available information indicate such a need.
•
MassDOT Northampton Depot—Revised CAD Permit Approval
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If you should have any questions or comments regarding this correspondence please contact the undersigned,
at#413-755-2212.
Sincerely,
Daniel Hall
Section Chief
Solid Waste Management
DH/lgh •
Mhdhampcad6 17.docx
cc:
forthampton Health Dept.
Northampton Conservation Commission
Northampton DPW—Director
MassDOT—Douglas Spink,Ken Crochiere