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811 DEP Report 2019 MassDEP Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs 1174. Department of Environmental Protection Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100 Charles D.Baker Matthew A Beaton Governor Secretary Kaon E Polito Martin SuJberg Lieutenant Governor Commissioner FEB 28 2019 Massachusetts Department of Transportation 811 North King St. Northampton, MA 01060 Attention: Peter J.Cavicchi, District Highway Director RE: Northampton-DSWM-19-214-017 Former MAD Depot—Locust St. Solid Waste Dumping Ground CAD Final Closure —Extension of Time BWPSW25 Transmittal#X262791 Dear Mr.Cavicchi: On July 25,2017,the Massachusetts Department of Environmental Protection(MassDEP)issued to the Massachusetts Department of Transportation(MassDOT)a revised Corrective Action Design(CAD,or Final Closure)permit approval(the Revised CAD Permit)for remediation of the solid waste dumping ground(the dumping ground)at the former MassDOT Depot, located off Locust St. in Northampton,MA.The Revised CAD Permit required completion of Final Closure activities by November 15,2018. On November 7,2018 MassDEP received a written request from MassDOT,for extension of the Final Closure deadline until November 30,2019. The request outlines the reasons for the need for a time extension,including funding constraints and wetlands permitting issues. On December 13,2018,MassDEP received from MassDOT copies of the following updated wetlands permits for the work: Order of Conditions;Army Corps Permit;and Water Quality Certification. MassDOT states that the bidding process for the Final Closure work will be completed by the Spring of 2019, construction activities will begin in the late Spring of 2019,and all Final Closure work will be completed by November 30,2019 Outlined below is MassDEP's revised CAD permit approval approving the time extension. 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 govldep Printed on Recycled Paper MassDOT Northampton Depot—Revised CAD Permit Approval Page 2 of 7 Revised CAD Permit Approval The original September 8,2014 CAD 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 ofPro.osed 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 Page 3 of 7 (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-I, 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)and the request for a time extension in accordance with MGL c. 1 l 1 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 and time extension request 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 MI-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 Page 4 of 7 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 8081 A. 7. Screened soils which are below the MassDEP's Bureau of Waste Site Cleanup(BWSC)S-1, GW-I 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 808IA. 12. Backfilling of the excavation shall only occur if the basal soil samples are below the S-1,GW-1 soil standards; if levels are above the S-I,GW-1 standards, excavation shall proceed until basal soil samples are below the S-1, GW-I standards. 13. MassDOT shall submit to MassDEP documentation of the bid advertisement,contract award,and funding approval for the CAD work as these are available,and in any case by no later than June 1 2019. 14. CAD work for the dumping ground shall begin by July I,2019 and all CAD work shall be completed as proposed by November 30,2019. 15. 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 MassDOT Northampton Depot—Revised CAD Permit Approval Page 5 of 7 completion of work. 16. If any soils over the S-1, GW-I 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. 17. 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. 18 . 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. 19. 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. 20. 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. 21. 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. 22. 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(h)(l-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(hX1-3),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(hX3),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. MassDOT Northampton Depot—Revised CAD Permit Approval Page 6 of 7 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, 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. MassDOT Northampton Depot—Revised CAD Permit Approval Page 7 of 7 The MassDEP reserves the right to rescind or modify this permit approval or to require additional conditions, should available information indicate such a need. 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/Igh Mhdhampcadext219 cc: Northampton Conservation Commission Northampton DPW—Director MassDOT—Douglas Spink,Ken Crochiere