349 DEP Report 4-8-19 MassDEP Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100
Charles D.Baker Matthew A.Beaton
Governor Secretary
Katyn E.Polito Martin Suuberg
Lieutenant Governor Commissioner
April 8,2019
Northampton Management Systems,Inc.
725 North Street
Pittsfield,MA 01201
RE: Northampton-DWP
Linda Manor
PWS ID# 1214001
System Registration
Enforcement
00004072
Dear Public Water Supplier,
Enclosed for review and signature, are two copies of an Administrative Consent Order(ACO)addressing
the monitoring violations associated with Lead and Copper Rule compliance within your Linda Manor
facility.
If acceptable,both copies of the enclosed document should be signed with both original copies returned to
the Department by May 8, 2019. Following receipt of the signed documents, the Department will sign
both copies and one original will be returned to you. The ACO is a legally binding document and you
may choose to have it reviewed by your legal advisor prior to signing.
If you have any questions regarding this issue,please contact Douglas Paine at(413)755-2281.
Respectfully,
<J,L' s ce Imo¢
Deirdre Doherty
Drinking Water/Municipal S ices Chief
Bureau of Water Resources
Cc: Boston-DWP
BOH
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This Information Is available in alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751.
TTY#MassRelay Service 1410D-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the matter of:
Northampton Management Systems, Inc. Enforcement Document Number:
00004072
Issuing Bureau: BWR
Issuing Region/Office: WERO
Issuing Program: DWP
Primary Program Cited: DWP
PWS ID#1214001
ADMINISTRATIVE CONSENT ORDER
AND
NOTICE OF NONCOMPLIANCE
I. THE PARTIES
1. The Department of Environmental Protection("Department"or"MassDEP") is a duly
constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c.
21A, § 7. MassDEP maintains its principal office at One Winter Street, Boston, Massachusetts
02108, and its Western Regional Office at 436 Dwight Street, Springfield,Massachusetts 01103.
2. Northampton Management Systems, Inc. ("Respondent") is a corporation with a Principal
office located at 725 North Street, Pittsfield, Massachusetts 01201. Respondent's mailing
address for the purposes of this Order is also 725 North Street,Pittsfield, Massachusetts 01201.
II. STA1EMENT OF FACTS AND LAW
3. - MassDEP is responsible for the implementation and enforcement of:
MassDEP has primary enforcement responsibility for the requirements of the Federal Safe
Drinking Water Act, 42 U.S.C. §300f et seq. and the regulations promulgated there under.
MassDEP implements and enforces statutes and regulations of the Commonwealth of
Massachusetts for the protection of the public drinking water supply,including,without
limitation, M.G.L. c. 111, §5G and §160 and,the Drinking Water Regulations at 310 CMR
22.00;the Cross Connections, Distribution System Protection Regulations at 310 CMR 22.22;
and the Underground Injection Control Regulations at 310 CMR 27.00. MassDEP,pursuant to
M.G.L. c. 111, §160,may issue such orders as it deems necessary to ensure the delivery of fit
and pure drinking water by public water systems to all consumers. MassDEP,pursuant to
M.G.L. c. 111, §5G,may require by order the provision and operation of such treatment facilities
as it deems necessary to ensure the delivery of a safe water supply to all consumers.
In the Matter of: Linda Manor
ACO-WE-19-00004072
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MassDEP's Drinking Water Regulations at 310 CMR 22.02 define a public water system as a
system for the provision to the public of water for human consumption,through pipes or other
constructed conveyances, if such system has at least 15 service connections or regularly serves
an average of at least 25 individuals daily at least 60 days of the year. 310 CMR 22.02 also
defines a supplier of water as "any person who owns or operates a public water system."
4. Respondent leases the real property located at 349 Haydenville Road,Northampton,
Massachusetts and operates the Linda Manor Extended Care Facility, a public water system
pursuant to 310 CMR 22.00 et seq. at that location.
5. The following facts and allegations have led MassDEP to issue this Consent Order:
A. Respondent is a Community Public Water System and is therefore subject to the
requirements of the Lead and Copper Rule (310 CMR 22.0611).
B. Respondent collected samples for lead and copper on August 31, 2015, and the results
were available to MassDEP on October 8, 2015. 'Subsequent to receipt of those sample
results, Respondent failed to provide consumer notice of the individual lead and copper
sample results, in violation of 310 CMR 22.06(B)(6)(c), and failed to submit certification
of that required notification, in violati0on of 310 CMR 22.06B(11)W3.
C. MassDEP addressed these violations within a March 25, 2016 Notice of Noncompliance
(NON-WE-16-5D076 CSA).
D. Respondent collected samples for lead and copper on July 23,2018, and the results were
available to MassDEP on August 6, 2018. Subsequent to receipt of those sample results,
Respondent failed to provide consumer notice of the individual lead and copper sample
results in a timely manner, in violation of 310 CMR 22.06(B)(6)(c), and failed to submit
certification of that required notification in a timely manner, in violation of 310 CMR
22.068(11)(B3. On March 20,2019, Respondent submitted certification of that it
completed consumer notification on March 14,2019. Respondent also failed to timely
report the 90th percentile lead and copper concentrations measured from among all lead
and copper tap water samples collected during the monitoring period. The report was due
no later than October 10, 2018,but was submitted on March 20, 2019, in violation of 310
CMR 22.06B(11)(a)1c.
E. In accordance with 310 CMR 22.04(1),MassDEP conducted an assessment of
Respondent's Public Water System's capacity during its March 7,2019 sanitary survey.
Based on the results of that assessment which confirmed noncompliance with the State
drinking water requirements, and Respondent's inability to demonstrate adequate
operational knowledge of the water system,MassDEP lowered Respondent's capacity
rating to Conditional within its April 2,2019 sanitary survey inspection report. Public
Water Systems with Conditional capacity have deficiencies that must be adequately
addressed, or are Public Water Systems that have Inadequate Capacity and have signed a
In the Matter of: Linda Manor
ACO-WE-19-00004072
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Consent Order. Respondent entering into this Consent Order is evidence that the capacity
assessment should remain Conditional.
F. During its March 7,2019 sanitary survey inspection,Respondent was unable to
demonstrate that its flow meter had either been replaced or calibrated following
MassDEP's December 19,2016 sanitary survey inspection. The requirement for
Respondent to incorporate routine calibration or replacement of flow meter within its
operation and maintenance plan by April 30, 2017, was included within MassDEP's
January 31, 2017 sanitary survey inspection report. Failure to comply with a sanitary
survey requirement is a violation of 310 CMR 22.04(12).
Regulations:
G. 310 CMR 22.04(1) states" (1)New or Substantially Modified Public Water Systems. Any
Person proposing to construct a new Public Water System, operate a Public Water
System or to substantially modify an existing Public Water System shall obtain the prior
written approval of the Department,by at a minimum demonstrating to the Department's
satisfaction that:
(a)the drinking water source for the system meets the criteria in 310 CMR
22.20A,22.20B,22.20C, and 22.21, as applicable, and complies with the
Department's Guidelines and Policies for Public Water System;
(b)the storage,treatment and Distribution System and facilities including
transmission lines for the system have been sited, designed, and constructed in
compliance with 310 CMR 22.19,22.20A, 22.22 and the Department's Guidelines
and Policies for Public Water Systems;
(c)the Supplier of Water has the technical, managerial and financial capacity to
operate and maintain the Public Water System in compliance with 310 CMR
22.00, and each National Primary Drinking Water Regulationin effect at the time
of the Department's determination of the system's capacity and in effect in the
foreseeable future;
(d)the Public Water System is in compliance with the Departments Guidelines
and Policies for Public Water Systems,in effect at the time of the Departments
determination of the system's capacity;
(e)the Public Water System manager has attended a capacity training program
approved by the Department or shall attend such a program if deemed necessary
by the Department;
(0 in the case of Transient Non-community Water Systems or any other Public
Water System,if deemed necessary by the Department, a notice has been or shall
be recorded on the deed of the property where a drinking water source serving
such Public Water System is located, stating that such property contains a
drinking water source subject to 310 CMR 22.00; and
(g)the staffing of the Public Water System complies with 310 CMR 22.11B and
any related policies established by the Department or the Board of Certification of
Operators of Drinking Water Supply Facilities.
In the Matter of Linda Manor
ACO-WE-19-00004072
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H. 310 CMR 22.04(12) states in part "Sanitary Surveys. The Department or its agent may
conduct Sanitary Surveys of Public Water Systems to evaluate each system's source,
facilities,equipment, operation,monitoring schedule, technical,managerial and financial
capacity, andmaintenance procedures at a frequency determined by the Department.
(a) If any violation or deficiency of 310 CMR 22.00,M.G.L. c. 111, § 160 or any
other statute or regulation administered by the Department is identified during
a Sanitary Survey, including without limitation any violations or deficiencies
related to system capacity,the Public Water System shall be notified of the
violation,the action necessary to comply with the statute or regulations,and
the time period within which compliance must be attained. The Public Water
System shall respond to any violations or deficiencies identified in the
Sanitary Survey report within 30 days of receipt of such,unless the
Department otherwise requires certain corrective action. The Department shall
also include capacity recommendations for whole system improvements in its
report."
I. 310 CMR 22.06B(6)(c)states "Notification of Results.
1. Reporting Requirement.All water systems must provide a notice of the individual tap
results from lead and copper tap water monitoring carried out under the requirements of
310 CMR 22.06B(7)to the persons served by the water system at the specific sampling
site from which the sample was taken(e.g.,the occupants of the residence where the tap
was tested).
2. Timing of Notification. A water system must provide the consumer notice as soon as
practical,but no later than 30 days after the system learns of the tap monitoring results.
3. Content. The consumer notice must include the results of lead tap water monitoring for
the tap that was tested, an explanation of the health effects of lead, list steps consumers
can take to reduce exposure to lead in drinking water and contact information for the
water utility. The notice must also provide the maximum contaminant level goal and the
action level for lead and the definitions for these two terms from 310 CMR 22.02.
4. Delivery.The consumer notice must be provided to persons served at the tap that was
tested, either by mail or by another method approved by the Department.For example,
upon approval by the Department, a non-transient non-community water system could
post the results on a bulletin board in the facility to allow users to review the
information. The system must provide the notice to customers at sample taps tested,
including consumers who do not receive water bills."
J. 310 CMR 22.061301)(a)states in part"Reporting requirements for tap water monitoring for
lead and copper and for water quality parameter monitoring
1.Except as provided in 310 CMR 22.06B0 1)(a)]it,a water system shall report the
information specified below for all tap water samples specified in 310 CMR
22.06B(7) and for all water quality parameter samples specified in 310 CMR
22.06B(8)within the first ten days following the end of each applicable monitoring
period specified in 310 CMR 22.06B(7)and(8) (Le., every six-months, annually,
In the Matter of: Linda Manor
ACO-WE-19-00004072
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every three years,or every nine years).For monitoring periods with a duration less
than six months,the end of the monitoring period is the last date samples can be
collected during that period as specified in 310 CMR 22.06B(7) and(8). ...
c.the 90 percentile lead and copper concentrations measured from among all
lead and copper tap water samples collected during each monitoring period
(calculated in accordance with 310 CMR 22.06B(11)(c)3. Unless the
Department calculates the systems 90percentilelead and copper levels under
310 CMR 22.0613(11)(h); ..."
K. 310 CMR 22.06B(11)0 states in part"Public Education Program Reporting Requirements...
3.No later than 90 days following the end of the monitoring period,each system shall
mail a sample copy of the consumer notification of tap results to the Department
along with a certification that the notification has been distributed in a manner
consistent with the requirements of 310 CMR 22.068(6)(c)."...
III. DISPOSITION AND ORDER
For the reasons set forth above,MassDEP hereby issues, and Respondent hereby consents
to,this Order:
6. The parties have agreed to enter into this Consent Order because they agree that it is in
their own interests, and in the public interest,to proceed promptly with the actions called for
herein rather than to expend additional time and resources litigating the matters set forth above.
Respondent enters into this Consent Order without admitting or denying the facts or allegations
set forth herein. However,Respondent agrees not to contest such facts and allegations for
purposes of the issuance or enforcement of this Consent Order.
7. MassDEP's authority to issue this Consent Order is conferred by the Statutes and
Regulations cited in Part II of this Consent Order.
8. Respondent shall perform the following actions:
A. Within 45-days of the effective date of this Consent Order,Respondent shall provide
written notice that it has either calibrated its two source meters within the last 5 years or
that those meters have been replaced, and that it has developed an operations and
maintenance plan that would result in the replacement or calibration of the source meters
at least every five years.
B. Within 45-days of the effective date of this Consent Order, Respondent shall schedule
with MassDEP a sanitary survey inspection,to be conducted at a mutually available time
but no later than 60 days from the effective date of this Consent Order. During that
inspection,Respondent shall demonstrate compliance with all requirements included
within MassDEP's April 2, 2019 sanitary survey report. Based on the results of that
In the Matter of: Linda Manor
ACO-WE-19-00004072
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inspection, MassDEP shall make an assessment of Respondent's ability to provide
adequate operational oversight of its Public Water System.
C. Upon receipt of the Respondent's next round of lead and copper sample results (no later
than 2021);Respondent shall report the 90`"percentile lead and copper concentrations of
its 2018 sampling using MassDEP's Lead and Copper—90`h Percentile Compliance
Report-LCR E form, complete consumer notice of the individual sample tap results from
its lead and copper monitoring using the MassDEP approved LEAD AND COPPER
COMPLIANCE SAMPLING PROGRAM—Homeowner Results form and submit
certification that it has completed consumer notification of the individual sample tap
results from its lead and copper monitoring using a MassDEP approved certification
within the required timeframes of 310 MR 22.06B.
9. Unless submitted via eDEP or except as otherwise provided,all notices,submittals and other
communications required by this Consent Order shall be directed to:
Douglas Paine
MassDEP
436 Dwight Street
Springfield, MA 01103
Such notices, submittals and other communications shall be considered delivered by Respondent
upon receipt by MassDEP.
10. Actions required by this Consent Order shall be taken in accordance with all applicable
federal,state, and local laws, regulations and approvals. This Consent Order shall
not be construed as,nor operate as,relieving Respondent or any other person of the necessity of
complying with all applicable federal, state, and local laws,regulations and approvals.
11. For purposes of M.G.L. c. 21A, § 16 and 310 CMR 5.00, this Consent Order shall also
serve as a Notice of Noncompliance for Respondent's noncompliance with the requirements
cited in Part II above. MassDEP hereby determines, and Respondent hereby agrees, that any
deadlines set forth in this Consent Order constitute reasonable periods of time for Respondent to
take the actions described.
12. Respondent is Permittee, as that term is defined in 310 CMR 4.02, for the purpose of
assessing and collecting annual compliance assurance fees pursuant to M.G.L. c. 21A, §18 and
M.G.L. c. 21E, §3B.
13. Respondent understands, and hereby waives, its right to an adjudicatory hearing before
MassDEP on, and judicial review of, the issuance and terms of this Consent Order and to notice
of any such rights of review. This waiver does not extend to any other order issued by the
MassDEP.
14. This Consent Order may be modified only by written agreement of the parties hereto.
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15. The provisions of this Consent Order are severable,and if any provision of this Consent
Order or the application thereof is held invalid, such invalidity shall not affect the validity of
other provisions of this Consent Order, or the application of such other provisions,which can be
given effect without the invalid provision or application,provided however,that MassDEP shall
have the discretion to void this Consent Order in the event of any such invalidity.
16. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of MassDEP to issue any
additional order or to seek any other relief with respect to the subject matter covered by this
Consent Order,or(ii)any legal or equitable right of MassDEP to pursue any other claim,action,
suit, cause of action,or demand which MassDEP may have with respect to the subject matter
covered by this Consent Order, including, without limitation, any action to enforce this Consent
Order in an administrative or judicial proceeding.
17. This Consent Order shall not be construed or operate as barring, diminishing,
adjudicating, or in any way affecting, any legal or equitable right of MassDEP or Respondent
with respect to any subject matter not covered by this Consent Order.
18. This Consent Order shall be binding upon Respondent and upon Respondent's successors
and assigns. Respondent shall not violate this Consent Order and shall not allow or suffer
Respondent's directors, officers, employees,agents, contractors or consultants to violate this
Consent Order. Until Respondent has fully complied with this Consent Order,Respondent shall
provide a copy of this Consent Order to each successor or assignee at such time that any
succession or assignment occurs.
19. In addition to the penalty set forth in this Consent Order, if any (including any suspended
penalty),if Respondent violates any provision of the Consent Order,Respondent shall pay
stipulated civil administrative penalties to the Commonwealth in the amount of $100 per day for
each day,or portion thereof, each such violation continues.
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and
shall continue to accrue until the day Respondent corrects the violation or completes
performance,whichever is applicable. Stipulated civil administrative penalties shall accrue
regardless of whether MassDEP has notified Respondent of a violation or act of noncompliance.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid
within thirty(30)days of the date MassDEP issues Respondent a written demand for payment.
If simultaneous violations occur, separate penalties shall accrue for separate violations of this
Consent Order. The payment of stipulated civil administrative penalties shall not alter in any
way Respondent's obligation to complete performance as required by this Consent Order.
MassDEP reserves its right to elect to pursue alternative remedies and alternative civil and
criminal penalties which may be available by reason of Respondent's failure to comply with the
requirements of this Consent Order. In the event MassDEP collects alternative civil
administrative penalties, Respondent shall not be required to pay stipulated civil administrative
penalties pursuant to this Consent Order for the same violations.
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ACO-WE-19-00004072
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Respondent reserves whatever rights it may have to contest MassDEP's determination that
Respondent failed to comply with the Consent Order and/or to contest the accuracy of MassDEP's
calculation of the amount of the stipulated civil administrative penalty. Upon exhaustion of such
rights,if any,Respondent agrees to assent to the entry of a court judgment if such court judgment is
necessary to execute a claim for stipulated penalties under this Consent Order.
20. Failure on the part of MassDEP to complain of any action or inaction on the part of
Respondent shall not constitute a waiver by MassDEP of any of its rights under this Consent
Order. Further,no waiver by MassDEP of any provision of this Consent Order shall be
construed as a waiver of any other provision of this Consent Order.
21. To the extent authorized by the current owner, Respondent agrees to provide MassDEP,
and MassDEP's employees, representatives and contractors, access at all reasonable times to
Linda Manor Extended Care facility for purposes of conducting any activity related to its
oversight of this Consent Order. Notwithstanding any provision of this Consent Order,
MassDEP retains all of its access authorities and rights under applicable state and federal law.
22. This Consent Order may be executed in one or more counterpart originals, all of which
when executed shall constitute a single Consent Order.
23. All applicable transmittal fees shall accompany any submissions(s)required by this
Consent Order.
24. The undersigned certify that they are fully authorized to enter into the terms and
conditions of this Consent Order and to legally bind the party on whose behalf they are signing
this Consent Order.
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ACO-WE-19-00004072
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25. This Consent Order shall become effective on the date that it is executed by MassDEP.
Consented To:
NORTHAMPTON MANAGEMENT SYSTEMS,INC.
By:
William Jones
President
Date:
Issued By:
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Michael Gorski
Regional Director
MassDEP
Date:
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