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