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421 DEP Report 6-14-19 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 _ Ka 1 41.16oharides Governor Secretary Karyn E.Polito Martin S Lieutenant Governor G�0 isoner June 14,2019 Northampton Management Systems,Inc. 725 North Street Pittsfield,MA 01201 RE: Northampton-DWP Linda Manor PWS ID# 1214001 Enforcement 00004072 Dear Public Water Supplier, Enclosed for review; and signature, are two copies of a revised Administrative Consent Order (ACO) addressing the .monitoring violations associated with Lead and. Copper Rule compliance within your Linda Manor facility, and operations issues at the facility. The ACO was revised based on information received.from staff at the Linda Manor Facility. If acceptable, both copies of the enclosed document should be signed with both original copies returned to the Department by July 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. 1 Respectfully, Deirdre Doherty Drinking Water/Let,vices Chief Bureau of Water Resources Cc: Boston-DWP BOH M.Ailinger,Linda Manor Extended Care Facility,349 Haydeville Rd.,Leeds,MA 01053 W:\BWR\WS\Enforcement\ACO\LindaManorLCRCap03-2019rev2019-06 Cover YADWP Archive\WERO\Northampton-1214001-Enforcement-2019-06-14 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.gov/dep Printed on Recycled Paper i 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 i Primary Program Cited: DWP PWS ID#1214001 ADMINISTRATIVE CONSENT ORDER AND NOTICE OF NONCOMPLIANCE. I. THE PARTIES 1. The Department of Environmental Protection("Department" oT"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. STATEMENT OF FACTS AND LAW 3. MassDEP is responsible for theimplementation 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 J ACO-WE-19-00004072 Page 2of 10 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 operatesithe 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 aid is therefore siibject'tothe' " requirements of the Lead and Copper Rule (3 10 CMR 22.06B). 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)(f)3. 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 22.06B(11)(f)3. On March 20, 2019, Respondent submitted certification of that it completed consumer notification on March 14, 2019. Respondent also failed to timely reportthe 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)lc. 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 Page Sof 10 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 iricluded 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). G. Within correspondence from Respondent to MassDEP dated May 2, 2019: a. Respondent provided notice to.MassDEP that it would have a calibration report on its meter by May 31, 2019. b. Respondent provided a copy of pages from its Water Supply Emergency Response Plan or other plans, which did not include all of the requirements included within 310 CMR 22.04(13). Further, Respondent did not provide a copy of an Emergency Response Plan Compliance Checklist with its submitted ERP. H. During a May 31, 2019 MassDEP inspection,Respondent provided notice to MassDEP that it water meter was determined to be out of calibration by 38%. Regulations I. 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 22.2 1, 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 Regulation in 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 Department's Guidelines and Policies for Public Water Systems, in effect at the time of the Department's determination of the system's capacity; In the Matter of: Linda Manor ACO-WE-19-0.0004072 Page 4of 10 (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; (f) incthe 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 I drinking water source subject to 310 CMR 22.00; and (g)the staffmg 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. J. 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, and maintenance 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." K. 310 CMR 22.04(13) states: (13) Emergencies. (a) Each Supplier of Water must prepare and keep in an easily accessible location an Emergency Response Plan prepared in accordance with 310 CMR 22.04(13) and Massachusetts Drinking Water Guidelines and Policies for Public Water Supplies, Chapter 12 -Emergency Response Planning Requirements Guidance including Appendix O -Handbook for Water Supply Emergencies. The Emergency Response Plan shall be designed to ensure that the water supplier is able to respond effectively to potential and actual Emergencies. The Emergency Response Plan shall include detailed steps that the water supplier shall implement to ensure the continuation of service in the event of a potential or actual Emergency, including but not limited to: 1. Loss of water supply from a source; 2. Loss of water supply due to major component failure; 3. Damage to power supply equipment or loss of power; 4. Contamination of water in the Distribution System from backflow or other causes; 5. Collapse of a reservoir,reservoir roof, or pump house structure; 6. Break in a transmission or distribution line that could result in a loss of service to customers for more than four hours; In the Matter of. Linda Manor ACO-WE-19-00004072 Page 5of 10 7. Potential or imminent threat of chemical or microbiological contamination of the water supply over limits specified by 310 CMR 22.00, including without limitation, any standards specific to an individual Public Water System established pursuant to a health assessment as provided in 310 CMR 22.03(8); 8. .'Potential or imminent threat of an overfeed of an approved drinking water treatment chemical.into the system; 9. An act of vandalism or sabotage that has the potential to impact or impacts water quality or the quantity of water available to the system. 10. A shortage or lack.of resources that could affect the operations of.the system, such as: a. Staffing shortages: b. Receipt of notice from a power utility of lengthy power outages; or c. Imminent depletion of treatment chemical inventory; and 11. Any other failure of part or all of the water supply system due to equipment failure, Human acts (deliberate or accidental) or natural or human made disasters. (b) The Emergency Response Plan required by 310 CMR 22.04(13) shall include, at a minimum, a description of the procedures, structures and.equipment used to respond to potential or actual Emergencies, including but not limited to: 1. Identification of alternate sources of water supply for use during an Emergency and procedures for bringing such sources On-line; 2. Procedures for notifying the Department and other regulatory agencies,the news media, and consumers of the Emergency and the actions, if any, consumers should take during-the Emergency, including the use of personal protective equipment, if necessary, and water-use guidelines or restrictions; 3. Procedures for communication, including a clear outline of the lines communication among system personnel and between the water supplier and local, state and federal officials and the public; 4. Procedures for testing and maintaining all facility communications and alarm systems as necessary to ensure their proper operation; 5. Procedures for disinfecting and testing the Distribution System after an Emergency in order to return it to service; 6.- Identification of critical:system components that must remain in service or be returned to service quickly; 7. An inventory of equipment needs and availability, including the location of existing Emergency equipment, generators and spill response materials, identification of additional Emergency equipment needs, and procedures for obtaining additional services and equipment, including critical spare parts; 8. Procedures for implementing any interconnections with other Public Water Systems and any other arrangements in effect with neighboring communities or other public water suppliers; 9. A description of the duties and responsibilities of key personnel who will be involved in Emergency response actions, and a procedure,for contacting and scheduling staff; In the Matter of. Linda Manor ACO-WE-19-00004072 Page 6of 10 10. A plan for annually training staff and local partners in Emergency response procedures to ensure that they are familiar with the all Emergency procedures, equipment and systems; and 11. Any other matter identified by the Department in Massachusetts Drinking Water Guidelines and Policies for Public Water Supplies, Chapter 12 -Emergency Response Planning Requirements including Appendix O -Handbook for Water Supply Emergencies. (c) Each water supplier must implement the Emergency Response Plan established in accordance with 310 CMR 22.04(13)(a) and(b), including without limitation the provisions for annual training of staff and local partners in the implementation of such plan in the event of a potential or actual Emergency. L. 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." M. 310 CMR 22.06B(11)(a) states in part"Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring 1. Except as provided in310 CMR 22.06B(11)(a)l.h., 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) (i.e., every six-months, annually, 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 In the Matter of. Linda Manor ACO-WE-19-00004072 Page 7of 10 Department calculates the systems W'percentile lead and copper levels under 310 CMR 22.06B(11)(h);...." N. 310 CMR 22.06B(11)f)states in part"Public Education Program m 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 22.06B(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.replaced its source meters, 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 provide a copy of a complete Emergency Response Plan prepared in accordance with the requirements of 310 CMR 22.04(13), and an Emergency Response Plan Compliance . Checklist which incorporates information from its new Emergency Response Plan. C. Upon receipt of the Respondent's next round of lead and copper sample results (no later than 2021), Respondent shall report the 90th percentile lead and copper concentrations of its sampling using MassDEP's Lead and Copper—90th Percentile Compliance Report- LCR Eform, 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 In the Matter of: Linda Manor " ACO-WE-19-00004072 Page Sof 10 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. 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 In the Matter of. Linda Manor ACO-WE-19-00004072 Page 9of 10 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 shallbe 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,-ofFcers;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. 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 6 In the Matter of. Linda Manor ACO-WE-19-00004072 Page. IOof 10 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. 1 25. This Consent Order shall become effective on the date that it is executed by MassDEP. Consented To: i NORTHAMPTON MANAGEMENT SYSTEMS,INC. , By: William Jones President Date: Issued By: DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Michael Gorski Regional Director MassDEP Date: W:\BWRXWS\Enforcement\ACOs\LindaManorLCRCapO3-2019rev2Ol9-06 r