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150 CANAL STREET - DEP AUDIT FINDINGSCommonwealth of Massachusetts | Executive Office of Energy and Environmental Affairs Department of Environmental Protection Northeast Regional Office Address: 150 Presidential Way, Woburn, MA 01801 | Phone: 978-694-3200 Maura T. Healey Governor Kim Driscoll Lieutenant Governor Rebecca Tepper Secretary Bonnie Heiple Commissioner August 19, 2026 Certified Mail # 9589 0710 5270 3473 6441 98 McDonald’s USA, LLC P.O. Box 588 Weare, NH, 03281 RE: Salem 150 Canal Street RTN 3-0034275 ENF00021185 Attention: Sandra Martel, Real Estate Portfolio Manager Stamford Field Office (sandra.martel@us.mcd.com) NOTICE OF AUDIT FINDINGS FILE REVIEW AUDIT NOTICE OF NONCOMPLIANCE Dear Sandra Martel: The Massachusetts Department of Environmental Protection (MassDEP or the Department) has conducted a file review audit of a Notice of Activity and Use Limitation (AUL) submitted on July 23, 2025 for the above-referenced site. The objective of the audit was to determine if response actions meet the requirements of Massachusetts laws and regulations, including Massachusetts General Law Chapter 21E (M.G.L. c. 21E) and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. MassDEP’s file review audit of this site consisted of a technical screen (Level 1 Audit) of the AUL instrument. Level 1 Audits are performed using standard MassDEP checklists. Examples of MassDEP’s checklists are available on the internet at https://www.mass.gov/info-details/waste-site-cleanup-audits. This Notice informs you (as used in this notice, “you” refers to McDonald’s USA, LLC) of the results of MassDEP’s audit. DETERMINATION MassDEP has determined that violations of M.G.L. c. 21E and the MCP have occurred. Violations were identified that require additional actions to be taken under the supervision of a Licensed Site Professional (LSP) in order to come into compliance with the MCP. The Salem, 150 Canal Street, RTN 3-0034275 Page 2 Notice of Audit Findings activities that are in noncompliance and the actions MassDEP wants you to take to come into compliance are described in the attached Notice of Noncompliance (Attachment A). The Notice of Noncompliance describes: (1) each activity identified during the audit which is in noncompliance; (2) the requirements violated; (3) the action MassDEP now wants you to take to come into compliance; and (4) the deadline for taking such action. POST-AUDIT COMPLETION STATEMENT REQUIRED You do not need MassDEP approval to take the actions specified. However, to avoid further enforcement actions, you must correct the violations and submit via eDEP a Post-Audit Completion Statement in accordance with 310 CMR 40.1170. A copy of the Post-Audit Completion Statement (BWSC111) can be found at https://www.mass.gov/lists/waste-site- cleanup-forms. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Kevin Kavanaugh, LSP #7610, the LSP-of-Record for the Disposal Site. However, you, not your LSP, are responsible for responding to this Notice of Noncompliance and correcting the violations identified therein. You may retain the services of any currently licensed LSP. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening of the AUL conducted by MassDEP was not a comprehensive audit. It is possible that a future comprehensive audit, if one occurs, may identify violations of applicable laws and regulations for which MassDEP may require you to undertake further response actions at the site. The review of these documents is for use by MassDEP and may not be relied upon for any other purpose. The review does not include a comprehensive list of requirements, which are fully set forth in M.G.L. c. 21E and 310 CMR 40.0000, and does not constitute a final agency decision, nor create any legal rights or relieve any party of obligations that exist pursuant to applicable laws. MassDEP’s findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. MassDEP retains authority to take or arrange, or to require, any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21E, which MassDEP deems necessary to protect health, safety, public welfare, or the environment. If you have any questions regarding this letter, please contact William Hansen at (857) 278- 1816 or william.hansen@mass.gov. Please reference Release Tracking Number 3-0034275 and Enforcement Number ENF00021185 in any future correspondence to MassDEP regarding the site. Salem, 150 Canal Street, RTN 3-0034275 Page 3 Notice of Audit Findings Sincerely, David T. LaPusata Audits and Enforcement Section Chief Bureau of Waste Site Cleanup Attachment: Attachment A – Notice of Noncompliance e-copy: Salem, Mayor, Dominick Pangallo (mayor@salem.com) Salem, Board of Health (health@salem.com) Kevin Kavanaugh, LSP (kevin.kavanaugh@ecmsinc.com) NERO/Data Entry: AUDCOM/NAFNON; AUL/TSAUD Salem, 150 Canal Street, RTN 3-0034275 Page 4 Notice of Audit Findings ATTACHMENT A NOTICE OF NONCOMPLIANCE RTN 3-0034275 NAME OF ENTITY IN NONCOMPLIANCE: McDonald’s USA, LLC LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 150 Canal Street, Salem, Massachusetts DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: July 23, 2025, the receipt date of the Termination of Notice of Activity and Use Limitation (AUL) and Notice of AUL submittal. DESCRIPTION OF NONCOMPLIANCE: Violation of 310 CMR 40.0024(1) – Timely Action and Anticipatory Noncompliance Pursuant to 310 CMR 40.0024(1), except as provided by 310 CMR 40.0025 and 310 CMR 40.0172, each person undertaking one or more response actions shall perform each such response action, or portion of a response action, by the deadline for taking the action imposed by M.G.L. c. 21E, 310 CMR 40.0000 or any order or determination issued by the Department. Pursuant to 310 CMR 40.0008(5)(b)4., for purposes of determining whether a person has complied with an Interim Deadline or come into compliance with a requirement by the date specified in a Notice of Noncompliance, each document required to be submitted shall be deemed received by the Department as follows: if given by electronic transmission, the document shall be deemed to be received on the date the transmission is delivered to the Department. Recitals: 1) On July 6, 2018, a Notice of AUL (the “Original AUL”) for the disposal site was recorded at the Southern Essex County Registry of Deeds (Book 36845, Page 496). The Original AUL was submitted to MassDEP on July 10, 2018. 2) On February 19, 2025, MassDEP issued a Notice of Audit Findings/Notice of Noncompliance (“NOAF/NON”, ENF00019577) to you, which identified violations of the requirements applicable to the Original AUL. The NOAF/NON specified that, by June 18, 2025, you were to submit to MassDEP a Termination of the Original AUL and a new Notice of AUL. Salem, 150 Canal Street, RTN 3-0034275 Page 5 Notice of Audit Findings 3) On June 13, 2025, the Licensed Site Professional of Record for the site contacted MassDEP, on behalf of you, to request the deadline established in the NOAF/NON be extended from June 18, 2025 to June 30, 2025. On June 13, 2025, MassDEP approved this request and further extended the deadline to July 18, 2025. 4) A Termination of Notice of AUL (the “Original AUL Termination”) for the disposal site was recorded at the Southern Essex County Registry of Deeds on July 15, 2025 (Book 42830, Page 447). The Original AUL Termination was submitted to MassDEP on July 23, 2025. 5) A new Notice of AUL (the “Replacement AUL”) for the disposal site was recorded at the Southern Essex County Registry of Deeds on July 15, 2025 (Book 42830, Page 456). The Replacement AUL was submitted to MassDEP on July 23, 2025. 6) A Post-Audit Completion Statement was submitted to MassDEP on August 18, 2025. The Original AUL Termination and the Replacement AUL were submitted to MassDEP beyond the extended deadline from the NOAF/NON, which is a violation of 310 CMR 40.0024(1). No additional corrective actions are necessary for this violation. However, the violation may be cited in the future by MassDEP to establish a pattern of noncompliance. Violation of 310 CMR 40.1074(1)(a) – Notice of Activity and Use Limitation – General Requirements Pursuant to 310 CMR 40.1074(1)(a), a Notice of Activity and Use Limitation shall include all of the information specified in 310 CMR 40.1074(2) and be fully documented using Form 1075 set forth in 310 CMR 40.1099. Due to the following items, the Replacement AUL contained information that was inconsistent with Form 1075 and/or the information required in 310 CMR 40.1074(2): 1) The template AUL Form 1075 includes a note at the top of the first page indicating that the AUL must be referenced in any deed or other instrument of transfer and that a copy of the deed must be submitted to MassDEP within 30 days of recording the deed. This note was missing from the Replacement AUL recorded for the site; 2) The text of the paragraph introducing Exhibit B has been modified from the template AUL Form 1075 language; and 3) The Notice of AUL retained bracketed language from the Form 1075 template. The Replacement AUL must be revised. The language in the AUL form is part of the promulgated regulations and cannot be modified in any way unless so noted in the form itself, pursuant to 310 CMR 40.1074(1). Violation of 310 CMR 40.1074(2)(h) – Contents of a Notice of Activity and Use Limitation Pursuant to 310 CMR 40.1074(2)(h), a description of the Site Activities and Uses that are consistent with maintaining a Permanent Solution and condition of No Significant Risk or Salem, 150 Canal Street, RTN 3-0034275 Page 6 Notice of Audit Findings maintaining a Temporary Solution and condition of No Substantial Hazard with respect to exposures to oil and/or hazardous material including, but not limited to, emergency excavation and repair of existing subsurface utilities, specific provisions for non-emergency excavation, and specific types of land uses and activities. Recitals: 1) Item v of Paragraph 1 (Activities and Uses Consistent with Maintaining No Significant Risk Conditions) states, “Use as an undeveloped (vacant) parcel as long as access to soils is restricted by surface cover consisting of pavement or the emplacement of three feet of clean fill, or by surrounding the Property with a secure fence restricting access to the Property by surrounding receptors”. 2) Item v of Paragraph 3 (Obligations and Conditions) states, “The buildings, asphalt pavement, concrete and other impermeable barriers shall be maintained in the area shown on Exhibit B. These barriers shall be maintained to prevent exposure to site workers, visitors and trespassers. If impermeable barriers are removed and not replaced with a similar impervious barrier, emplacement of a cap consisting of three feet of clean fill is required;”. 3) Section 2.7.4 (Fences) of MassDEP’s Guidance Policy #WSC 25-300 “Guidance on Implementing Activity and Use Limitations” addressed fences (excerpt below). While the use of a fence is not explicitly precluded as part of a Permanent Solution, the extent to which the Permanent Solution relies on the fence would be a consideration in evaluating the appropriateness of the remedy. Fences do not prevent transport of soils via wind or water, and are susceptible to damage from natural forces and trespassers. Therefore, fencing alone, with or without an AUL, is not sufficient or appropriate to prevent direct exposure. However, in combination with other measures that do prevent exposure to OHM, fencing may be an effective and appropriate component of a Permanent Solution. For example, a fence may be used to delineate the area of the AUL. In cases where a fence is relied upon as part of the Permanent Solution, the AUL must identify the maintenance of the fence among the conditions that ensure the maintenance of a level of No Significant Risk. As written, the Replacement AUL contains a requirement to maintain caps to prevent direct exposure to soil, but also allows for fences to be solely relied upon to prevent access to the Property, which is a violation of 310 CMR 40.1074(2)(h). The Replacement AUL must be revised to not include reliance on fences (as an individual element) to maintain No Significant Risk. Salem, 150 Canal Street, RTN 3-0034275 Page 7 Notice of Audit Findings Violation of 310 CMR 40.1074(2)(a)5 – Contents of a Notice of Activity and Use Limitation Pursuant to 310 CMR 40.1074(2)(a)5, a Notice of Activity and Use Limitation shall contain an 8½" x 11" sketch plan, attached as an exhibit to the Notice of Activity and Use Limitation, showing the location of the portion subject to the Notice of Activity and Use Limitation in relation to the boundaries of the disposal site to the extent that the boundaries of the disposal site have been established, the property boundaries, and the location of any Engineered Barriers, permanent caps, Active Exposure Pathway Mitigation Measures or other barriers or systems that are subject to the Obligations and Conditions and other provisions of the Notice of Activity and Use Limitation. The sketch plan provided as Exhibit B does not show the disposal site boundary, which is a violation of 310 CMR 40.1074(2)(a)5. Violation of 310 CMR 40.1074(2)(m) – Contents of a Notice of Activity and Use Limitation Pursuant to 310 CMR 40.1074(2)(m), a Notice of Activity and Use Limitation shall contain the notarized signature(s) of the property owner(s), and the notarized signature and seal of the LSP of Record who certifies that in [his][her] Opinion the Notice of Activity and Use Limitation is consistent with a Permanent Solution or a Temporary Solution. The Notice of AUL does not contain the seal of the LSP of Record, which is a violation of 310 CMR 40.1074(2)(m). Violation of 310 CMR 40.1403(2)(c) – Minimum Public Involvement Activities in Response Actions Pursuant to 310 CMR 40.1403(2)(c), at a minimum, the following procedures shall be followed for written and public notices required under 310 CMR 40.1400: except as otherwise provided in 310 CMR 40.1400, a copy of each written notice made shall be concurrently submitted to the Department. Pursuant to 310 CMR 40.1403(7)(a), within 30 days after recording and/or registering any original, amended, released or terminated Activity and Use Limitation pursuant to 310 CMR 40.1070 through 310 CMR 40.1080, a copy of the recorded and/or registered Activity and Use Limitation shall be provided to: 1. the Chief Municipal Officer; 2. the Board of Health; 3. the Zoning Official; and 4. the Building Code Enforcement Official in the community(ies) in which the property subject to such Activity and Use Restriction is located. Although box G.2 of the AUL transmittal forms (“BWSC113”), to submit the Original AUL Termination and the Replacement AUL were selected (which certified that within 30 days of recording and/or terminating an AUL, a copy of the AUL was/will be provided to the Chief Municipal Officer, the Board of Health, the Zoning Official, and the Building Code Enforcement Official in the community where the property subject to such AUL is located), MassDEP was unable to locate copies of the notices to local officials regarding the Original Salem, 150 Canal Street, RTN 3-0034275 Page 8 Notice of Audit Findings AUL Termination and the Replacement AUL, which is a violation of 310 CMR 40.1403(2)(c), and possibly 310 CMR 40.1403(7)(a) if said notifications were not made. The February 19, 2025 NOAF/NON (ENF00019577) identified a similar violation related to 310 CMR 40.1403. This failure to adequately perform public involvement activities is considered a repeat violation and constitutes a Pattern of Non-Compliance, pursuant to 310 CMR 5.13. Violation of 310 CMR 40.1403(7)(b)2 – Minimum Public Involvement Activities in Response Actions Pursuant to 310 CMR 40.1403(7)(b)2, within 30 days after recording and/or registering any original, amended, released or terminated Activity and Use Limitation pursuant to 310 CMR 40.1070 through 310 CMR 40.1080, a public notice pursuant to 310 CMR 40.1403(2)(b) which indicates the recording and/or registering of the original, amended, released or terminated Activity and Use Limitation shall be published in a newspaper that circulates in the community(ies) in which the property subject to the Activity and Use Limitation is located. A copy of this public notice shall be submitted to the Department within seven days of its publication. On August 18, 2025, a PDF entitled “Legal Notices 150 Canal St Salem.pdf” was submitted to MassDEP (via a BWSC126 transaction). This PDF submission included duplicate copies of a public notice (that was published on August 8, 2025) for the AUL termination. A copy of the published legal notice for the replacement AUL has not been submitted to the Department, which is a violation of 310 CMR 40.1403(7)(b)2. ACTIONS TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS: Actions are required to correct the violations identified herein. In order to return the site to compliance, by December 17, 2026, the following must be submitted to MassDEP through eDEP: 1) Using Form BWSC128, copies of all written and public notices, associated with the Original AUL Termination and the Replacement AUL, that have not already been submitted; 2) Using Form BWSC113, a termination of AUL (using AUL Form 1084C, in full compliance with the MCP, including notification requirements); and 3) Using Form BWSC113, a new Notice of AUL (using AUL Form 1075, in full compliance with the MCP, including notification requirements), correcting the violations identified above. The AUL Form 1075 should not be modified in any way, unless allowable under the regulations. Copies of the forms and instructions are available online at https://www.mass.gov/lists/waste-site-cleanup-forms. Salem, 150 Canal Street, RTN 3-0034275 Page 9 Notice of Audit Findings For additional guidance related to AULs, please refer to MassDEP’s Guidance on Implementing AULs, Policy #WSC 25-300. If you fail to correct the violations identified herein and provide documentation of such action to MassDEP, you may be subject to enforcement action by MassDEP. MassDEP may conduct a follow-up audit to determine whether the required actions have been taken. If MassDEP finds that violations have not been corrected, then MassDEP may issue a Notice of Intent to Assess a Civil Administrative Penalty (PAN), administrative enforcement order, Notice of Responsibility, Notice of Intent to Take Response Action (NORA), Administrative Consent Order, Unilateral Order, or seek Judicial Judgement, as appropriate. You may also be subject to cost recovery under 310 CMR 40.1200 for failure to perform response actions at the Disposal Site.