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32A-122 (8) as A- - 1s')-- -- COMMONWEALTH OF MASSACHUSETTS ✓ l ----= - /, EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS =M11- DEPARTMENT OF ENVIRONMENTAL PROTECTION 436 Dwight Street SpringfieldM ggachusetts 01103• (413)784-1100 IMP sl" E------n '-.0 C ''' E n1 JANE SWIFT 4.d 1 I BOB DURAND Governor kill MAR 2 6 2002 ,J Secretary _ _ MAR 25 20132 LAUREN A.LISS Commissioner OPT OF BUILDING INSPECTIONS fJe THAMPION,l',„1 01060 CERTIFIED MAIL Mr. John Cutter, President Friendly Corporation Re: BWP—Northampton 1855 Boston Road Friendly Restaurant Wilbraham, MA 01095 62 King Street Noncompliance with M.G.L. ch. 111 and 310 CMR 7.00 Enforcement Document No. NON-WE-02-7004 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THE NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr. Cutter: Department personnel assert that activity conducted by Friendly Corporation, Facilities Department (Friendly),through its subcontractors, between November 15 and November 24, 2001 at Friendly Restaurant, 63 King Street,Northampton, MA, Massachusetts, in noncompliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. Specifically, the construction activities were conducted in noncompliance with applicable Air Pollution Control regulations. Attached is a written description of(1) each activity referred to above, (2)the requirements violated, (3) the action the Department now wants you to take, and(4)the deadline for taking such action. An administrative penalty may be assessed for every day from now on that you are in noncompliance with the requirements described in this Notice of Noncompliance. Notwithstanding this Notice of Noncompliance,the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court-imposed civil penalties, or administrative penalties assessed by the Department. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web:http://www.mass.gov/dep Zi Printed on Recycled Paper • Friendly Corporation NON-WE-02-7004 Page 2 If you have any questions on this matter,please contact me at 413-755-2131. Sincerely, -2/44/— Saadi Motamedi Section Chief Compliance & Enforcement Bureau of Waste Prevention SM/RJW/rjw Certified Mail No 7000 0600 0026 8859 9282, Return receipt requested Enclosure cc: Steven Ellis (two copies), Carla Pereira, DEP/WERO Northampton Board of Health A. Pattillo, City of Northampton, 212 Main Street,Northampton, MA 01060 Officer Mike Allard, Northampton Police Department R. Heiss, 65 King Street,Northampton,AM 01060 J. Cabana, Friendly Corp. 1855 Boston Road Wilbraham, MA 01095 R. Legalos, Friendly Corp. 1855 Boston Road Wilbraham, MA 01095 t Friendly Corporation NON-WE-02-7004 Page 3 NOTICE OF NONCOMPLIANCE NON-WE-02-7004 NONCOMPLIANCE SUMMARY NAME OF ENTITY IN NONCOMPLIANCE: Friendly Corporation, Facilities Department LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: Friendly Restaurant 62 King Street,Northampton MA DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: November 15 through November 24, 2001 DESCRIPTION OF NONCOMPLIANCE AND THE REQUIREMENT(S) NOT COMPLIED WITH: Noncompliance with the Massachusetts Statute Regulating Air Pollution, M.G.L. Chapter 111, §§142A - 142M, and the Regulation which Implement Such Statute, 310 CMR 7.00. Based upon Department personnel investigations on and after November 27, 2001, the Department alleges that excessive emission of dust emitted into the ambient air from sand blasting operation conducted at Friendly Restaurant, 62 King Street,Northampton MA, in violation of Regulation 310 CMR 7.01(1) and Regulation 310 CMR 7.09(1). Friendly and its subcontractors failed to take adequate measures in order to eliminate and/or reduce dust emissions from the sand blasting operation. Regulation 310 CMR 7.01(1)reads as follows: "No person owning, leasing, or controlling the operation of any air contamination source shall willfully, negligently, or through failure to provide necessary equipment or to take necessary precautions, permit any emission from said air contamination source or sources of such quantities of air contaminants which will cause, by themselves or in conjunction with other air contaminants, a condition of air pollution". Regulation 310 CMR 7.09(1)reads in part as follows: "No person having control of any dust or odor generating operation such as, but not limited to ... construction work... shall permit emissions therefrom which cause or contribute to a condition of air pollution". I Friendly Corporation NON-WE-02-7004 Page 4 ACTION TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION: 1. Immediately, upon receipt of this notice and there after, Friendly shall take all measures to suppress or eliminate dust emissions at all job sites where dust may be generated. 2. Within 14 days of the date of receipt of this Notice, Friendly shall submit a written response to the Department outlining the step(s) Friendly will take, at all job sites, in order to ensure continued compliance with the Department regulations including but not limited to 310 CMR 7.01(1) and 310 CMR 7.09(1). Date: MAR 9 5 21n2 Saadi Motamedi Section Chief Compliance&Enforcement Bureau of Waste Prevention