0 WINTER ISLAND ROAD - BUILDING INSPECTION COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200
DEVAL L.PATRICK
Governor IAN A. BOWLES
Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor
Commissioner
January 22, 2010
CERTIFIED MAIL# 7008 1830 0004 6089 0496
City of Salem RE: Salem
120 Washington Street Winter Island Road
Salem, MA 01970 RTN: 3-18002
File No.: ACOP-NE-06-3A041
ATTN: Thomas St. Pierre, Inspectional Services Director
NOTICE OF VIOLATION OF ADMINISTRATIVE CONSENT ORDER
Dear Mr. St. Pierre:
The Massachusetts Department of Environmental Protection ("the Department or MassDEP")
has determined that the City of Salem (hereafter referred to as "you' or "your") is a Potentially
Responsible Party ("PRP") for one or more releases of oil and/or hazardous materials at the
disposal site ("the site") named above. MassDEP personnel have determined that on June 26,
2009 and December 28, 2009, you have failed to provide certain documents to MassDEP which are
required by the Massachusetts Contingency Plan (MCP) and the regulations adopted thereunder,
310 CMR 40.0000 and you have also'conducted response actions in violation of the MCP. You
are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals
enforced by the MassDEP. As a result, you have violated the terms of the Administrative Consent
Order with Penalty, ACOP-NE-06-3A041, executed on March 20, 2007.
Attached hereto is a written"description of the requirements and regulations violated, the actions
you must take to correct the violations and the deadlines for taking such actions. If the violations
described below are not corrected within the timeframes specified, you will be subject to additional
penalties.
This information is available in alternate format.Call Donald M.Comes,ADA Coordinator at 617-556-1057.TDD#866539-7622 or 617-574-6868.
http://www.mass.gov/dep•Fax(978)694-3499
0 Pointed on Recycled Paper
Salem, Winter Island Road, 3-18002 Z
Notwithstanding this Notice, MassDEP 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 MassDEP.
MassDEP's findings do not: (1)apply to actions or other aspects of the site that were not reviewed;
(2)preclude future audits of past,current, or future actions at the site; (3) in any way constitute a
release from any liability,obligation, action or penalty under M.G.L. c. 21 E, 310 CMR 40.0000, or
any other law, regulation,or requirement; or(4) limit MassDEP's 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.
A copy of this Notice is being sent to Michael F. Geisser, LSP#6997, the LSP-of-Record for the
disposal site. However, you, not your LSP, are responsible for correction of the identified
violations.
If you have any questions about this matter, please contact Paegan Deering of this office at the
letterhead address or telephone number and refer to the following Release Tracking Number
("RTN") 3-18002.
Sincerely,
S ephen M. Johns n
Deputy Regional i ctor
Bureau of Waste Site Cleanup
cc: Data Entry/File(C&E/INTLET)
Michael F. Geisser, LSP, by electronic mail
David Knowlton, PE, by electronic mail
City of Salem, Board of Health, by electronic mail
Salem, Winter Island Road, 3-18002
ATTACHMENT A
SUMMARY
NAME OF ENTITY:
City of Salem
LOCATION:
Winter Island Road, Salem, Massachusetts
DATE:
June 26, 2009 until present
DESCRIPTION OF VIOLATIONS:
On December 26, 2008, MassDEP received a Phase V Status Report, a Remedial Monitoring
Report, and a Remedy Operation Status Report to maintain a Remedy Operation Status for RTN
3-18002.
In accordance with 310 CMR 40.0892(1), a Phase V Status Report is due at intervals of six
months following the submittal of the first Phase V Status Report, and every six months
thereafter. No Phase V Status Report was received by the due date of June 26, 2009.
On September 28, 2009, MassDEP contacted Michael Geisser, LSP of Record for the site, to
determine the status of the remedial system installed as part of the Comprehensive Response
Actions undertaken at the site. MassDEP was informed that the system had been removed.
In accordance with 310 CMR 40.0893(6), any person who discontinues operation of a remedial
system shall provide written notice of termination to MassDEP.
REGULATIONS VIOLATED:
Section 310 CMR 40.0892(1) states: "At a minimum, at a disposal site where Phase V operation,
maintenance and/or monitoring of Comprehensive Response Actions is being conducted, a Phase
V Status Report as described in 310 CMR 40.0892(2) shall be submitted to the Department six
months from the receipt by the Department of the Phase IV Completion Statement and every six
months thereafter for the duration of the operation of the remedy. Each Status Report shall
document activities occurring over the period of time since the previously submitted Status
Report."
. ,
This information is available in alternate format.Cell Donald M.Gomm,ADA Coordinator at 617-556-1057.TDD#866-539-7633 or 617.574-6868.
http://www.mass.gov/dep•Fax(978)694-3499
Printed on Recycled Paper
Salem, Winter Island Road, 3-18002 4
Section 310 CMR 40.0893(6) Termination of Remedy Operation Status states:
"(a) Remedy Operation Status shall terminate if:
1. the person providing the Remedy Operation Status Opinion fails to meet the requirements of
310 CMR 40.0893(2). Mechanical failure of the system and/or the need to undertake substantial
system modifications shall not terminate Remedy Operation Status if written notice is provided
to the Department and the operation of the remedy is resumed in accordance with 310 CMR
40.0893(6)(b); or
2. the person providing the Remedy Operation Status Opinion notifies the Department in
accordance with 310 CMR 40.0893(6)(c) that such person intends to terminate Remedy
Operation Status;
(b) Any person conducting response actions at a disposal site with Remedy Operation Status
who obtains knowledge that the criteria in 310 CMR 40.0893(2) are no longer being met,
including knowledge of a mechanical failure and/or need to substantially modify the remedial
system or program, shall provide written notice to the Department in the form of a Status Report
within 30 days of obtaining such knowledge. Notice shall include plans and a timetable to
correct failures and/or to implement modifications of the remedial system or program. Remedy
Operation Status shall terminate unless the remedial system or program is operating in
accordance with 310 CMR 40.0893(2) within 120 days of providing such written notice or within
an Interim Deadline established by the Department and a Status Report is submitted to the
Department that documents the resumed operation of the remedy within 120 days of the notice or
the Interim Deadline, whichever is applicable;
(c) Any person who intends to discontinue operation of the remedial system or program on
which the Remedy Operation Status is based and/or otherwise terminate Remedy Operation
Status shall provide written notice to the Department. Remedy Operation Status shall terminate
upon the Department's receipt of such notice;
(d) Notwithstanding 310 CMR 40.0893(6)(c), any person who intends to discontinue operation
of the remedial system on which the Remedy Operation Status is based in order to assess whether
the remedial goals have been achieved and conditions remain stable over time may maintain
Remedy Operation Status provided that he/she:
1. notifies the Department of the system shut down for the purpose of such evaluation and the
plans for monitoring site conditions in the next required Status Report following system shut
down;
2. continues to submit Status Reports at the frequency required in 310 CMR 40.0892; and
3. notifies the Department if operation of the system is resumed in the next required Status
Report following resumed operation;"
A
Salem, Winter Island Road, 3-18002 5
ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS:
In order to return to compliance the City of Salem shall:
(1) terminate the Remedy Operation Status in accordance with 310 CMR 40.0893(6) within
Thirty(30) days of the date of this Notice,
(2) submit a Phase V Status Report in accordance with 310 CMR 40.0892 within Thirty (30) days
of the date of this Notice,
(3) file a Response Action Outcome Statement which meets the requirements of 310 CMR 40.1000
of the MCP within Two (2)years of the date of this Notice, and
(4) conduct all future response actions in compliance with 310 CMR 40.0000.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 at (978) 694-3200
DEVAL L. PATRICK - IAN A.BOWLES
Governor
Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor Commissioner
January 22, 2010
CERTIFIED MAIL4 7008 1830 0004 6089 0496
City of Salem RE: Salem
120 Washington Street Winter Island Road
Salem, MA 01970 RTN: 3-18002
File No.: ACOP-NE-06-3A041
ATTN: Thomas St. Pierre, Inspectional Services Director .:
NOTICE OF VIOLATION OF ADMINISTRATIVE CONSENT ORDER
Dear Mr. St. Pierre:
The Massachusetts Department of Environmental Protection ("the Department or MassDEP")
has determined that the City of Salem (hereafter referred to as "you" or "your") is a Potentially
Responsible Party ("PRP") for one or more releases of oil and/or hazardous materials at the
disposal site ("the site") named above. MassDEP personnel have determined that on June 26,
2009 and December 28, 2009, you have failed to provide certain documents to MassDEP which are
required by the Massachusetts Contingency Plan (MCP) and the regulations adopted thereunder,
310 CMR 40.0000 and you have also'conducted response actions in violation of the MCP. You
are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals
enforced by the MassDEP. As a result, you have violated the terms of the Administrative Consent
Order with Penalty,ACOP-NE-06-3A041, executed on March 20,2007.
Attached-hereto is a written—description of the:%requirements and regulations violated, the actions
you must take to correct the violations and the deadlines for taking such actions. If the violations
described below are not corrected within the timeframes specified, you will be subject to additional
penalties.
This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.'rDDN 866-539-7622 or 617-574-6868.
http://www.mass.gov/dep•Fax(978)694-3499
Printed on Recycled Paper
Salem, Winter Island Road, 3-18002 Z
Notwithstanding this Notice, MassDEP 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 MassDEP.
MassDEP's findings do not: (1) apply to actions or other aspects of the site that were not reviewed;
(2) preclude future audits of past, current, or future actions at the site; (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 law, regulation, or requirement; or(4) limit MassDEP's 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.
A copy of this Notice is being sent to Michael F. Geisser, LSP#6997, the LSP-of-Record for the
disposal site. However, you, not your LSP, are responsible for correction of the identified
violations.
If you have any questions about this matter, please contact Paegan Deering of this office at the
letterhead address or telephone number and refer to the following.Release Tracking Number
("RTN") 3-18002.
Sincerely,
z �h -
S ephen M. Johns n
ctor
Deputy Regional i
Bureau of Waste Site Cleanup
cc: Data Entry/File (C&E/INTLET)
Michael F. Geisser, LSP, by electronic mail
David Knowlton, PE, by electronic mail
City of Salem, Board of Health, by electronic mail
Salem, Winter Island Road, 3-18002
ATTACHMENT A .:
SUMMARY
NAME OF ENTITY:
City of Salem
LOCATION:
Winter Island Road, Salem, Massachusetts
DATE:
June 26, 2009 until present
DESCRIPTION OF VIOLATIONS:
On December 26, 2008,'MassDEP received a Phase V Status Report, a Remedial Monitoring .
Report, ander Remedy Operation Status Report to maintain a Remedy Operation Status for RTN
3-18002.
In accordance with 310 CMR 40.0892(1), a Phase V Status Report is due at intervals of six
months following the submittal of the first Phase V Status Report, and every six months
thereafter. No Phase V Status Report was received by the due date of June 26, 2009.
On September 28, 2009, MassDEP contacted Michael Geisser, LSP of Record for the site, to
determine the status of the remedial system installed as part of the Comprehensive Response
Actions undertaken at the site. MassDEP was informed that the system had been removed.
In accordance with 310 CMR 40.0893(6), any person who discontinues operation of a remedial
system shall provide written notice of termination to MassDEP.
REGULATIONS VIOLATED:
Section 310 CMR 40.0892(1) states: "At a minimum, at a disposal site where Phase V operation,
maintenance and/or monitoring of Comprehensive Response Actions is being conducted, a Phase
V Status Report as described in 310 CMR 40.0892(2) shall be submitted to the Department six
months from the receipt by the Department of the Phase IV Completion Statement and every six
months thereafter for the duration of the operation of the remedy. Each Status Report shall
document activities occurring over the period of time since the previously submitted Status
Report."
This information is available in alternate formal.Call Donald M.Comes,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6868.
http://ww.mass.gov/dep.Fu(978)694-3499
Printed on Recycled Paper
4
Salem,Xinter Island Road, 3-18002 4
Section 3.1;0 CMR 40.0893(6) Termination of Remedy Operation Status states:
"(a) Remedy Operation Status shall terminate if:
1. the person providing the Remedy Operation Status Opinion fails to meet the requirements of
310 CMR 40.0893(2). Mechanical failure of the system and/or the need to undertake substantial
system modifications shall not terminate Remedy Operation Status if written notice is provided
to the Department and the operation of the remedy is resumed in accordance with 310 CMR
40.0893(6)(b); or
2. the person providing the Remedy Operation Status Opinion notifies the Department in
accordance with 310 CMR 40.0893(6)(c) that. such person intends to terminate Remedy
Operation Status;
(b) Any person conducting response actions at a disposal site with Remedy Operation Status
who obtains knowledge that the criteria in 310 CMR 40.0893(2) are no longer being met,
including knowledge of a mechanical failure and/or need to substantially modify the remedial
system or program, shall provide written notice to the Department in the form of a Status Report
within 30 days of obtaining such knowledge. Notice shall include plans and a timetable to
correct failures and/or to implement modifications of the remedial system or program. Remedy
Operation Status shall terminate unless the remedial system or program is operating in
accordance with 310 CMR 40.0893(2) within 120 days of providing such written notice or within
an Interim Deadline established by the Department and a Status Report is submitted to the
Department that documents the resumed operation of the remedy within 120 days of the notice or
the Interim Deadline, whichever is applicable;
(c) Any person who intends to discontinue operation of the remedial system or program on
which the Remedy Operation Status is based and/or otherwise terminate Remedy Operation
Status shall provide written notice to the Department. Remedy Operation Status shall terminate
upon the Department's receipt of such notice;
(d) Notwithstanding 310 CMR 40.0893(6)(c), any person who intends to discontinue operation
of the remedial system on which the Remedy Operation Status is based in order to assess whether
the remedial goals have been achieved and conditions remain stable over time may maintain
Remedy Operation Status provided that he/she:
1. notifies the Department of the system shut down for the purpose of such evaluation and the
plans for monitoring site conditions in the next required Status Report following system shut
down;
2. continues to submit Status Reports at the frequency required in 310 CMR 40.0892; and
3. notifies the Department if operation of the system is resumed in the next required Status
Report following resumed operation;"
y Salem,Winter Island Road, 3-18002 5
ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS
In order to return to compliance the City of Salem shall:
(1) terminate the Remedy Operation Status in accordance with 310 CMR 40.0893(6) within
Thirty(30)days of the date of this Notice,
(2) submit a Phase V Status Report in accordance with 310 CMR 40.0892 within Thirty (30) days
of the date of this Notice,
(3) file a Response Action Outcome Statement which meets the requirements of 310 CMR 40.1000
of the MCP within Two (2)years of the date of this Notice, and
(4) conduct all future response actions in compliance with 310 CMR 40.0000.
r
�\ COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 . (978) 694-3200
DEVAL L. PATRICK
Governor IAN A. BOWLES
Secretary
TIMOTHY P.MURRAY
Lieutenant Governor LAURIE BURT
Commissioner
January 22,2010
CERTIFIED MAIL#7008 1830 0004 6089 0496
City of Salem RE: Salem
120 Washington Street Winter Island Road
Salem, MA 01970 WIN: 3-18002
File No.: ACOP-NE-06-3A041
ATTN: Thomas St. Pierre, Inspectional Services Director
NOTICE OF VIOLATION OF ADMINISTRATIVE CONSENT ORDER
Dear Mr. St. Pierre:
The Massachusetts Dcpartment of Environmental Protection ("the Department or MassDEP")
has determined that the City of Salem (hereafter referred to as "you' or "your") is a Potentially
Responsible Party ("PRP") for one or more releases of oil and/or hazardous materials at the
disposal site ("the site") named above. MassDEP personnel have determined that on June 26,
2009 and December 28, 2009, you have failed to provide certain documents to MassDEP which are
required by the Massachusetts Contingency Plan (MCP) and the regulations adopted thereunder,
310 CMR 40.0000 and you have also'conducted response actions in violation of the MCP. You
are not in compliance With one or more laws, regulations, orders, licenses, permits, or approvals
enforced by the MassDEP. As a result, you have violated the terms of the Administrative Consent
Order With Penalty,ACOP-NE-06-3A041,.executed on March 20, 2007.
Attached hereto is a written description of the requirements and regulations violated, the actions
you must take to correct the violations and the deadlines for taking such actions. If the violations
described below are not corrected within the timeframes specified, you will be subject to additional
penalties.
This information is available in alternate formal.Call Donald M.Comm ADA Coordinator at 617-5561057.TDDM 866-579.7622 or 617-374-6868.
http://www.mass.gov/dep-FU(978)694-3499
Printed on Recycled Paper
i
2
Salem, Winter Island Road, 3-18002
Notwithstanding this Notice, MassDEP 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 MassDEP.
MassDEP's findings do not: (1)apply to actions or other aspects of the site that were not reviewed;
(2)preclude future audits of past,current, or future actions at the site; (3) in any way constitute a .
release from any liability, obligation, action or penalty under M.G.L. c. 21 E, 310 CMR 40.0000,or
any other law, regulation,or requirement; or(4) limit MassDEP's 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. 2 1 E which MassDEP deems necessary to protect health,
safety,public welfare,or the environment.
A copy of this Notice is being sent to Michael F. Geisser, LSP#6997,the LSP-of-Record for the
disposal site. However,you, not your LSP,are responsible for correction of the identified
violations.
Pae an Deering of this office at the
r lease contact g g
If you have any questions about this matter, p
letterhead address or telephone number and refer to the following Release Tracking Number
("RTN") 3-18002.
Sincerely,
S phen M. Johns n
Deputy Regional i ctor
Bureau of Waste Site Cleanup
cc: Data Entry/File(C&E/INTLET)
Michael F. Geisser, LSP, by electronic mail
David Knowlton, PE, by electronic mail
City of Salem, Board of Health, by electronic mail
Salem, Winter Island Road, 3-18002
ATTACHMENT A
SUMMARY
NAME OF ENTITY:
City of Salem
LOCATION:
Winter Island Road, Salem, Massachusetts
DATE:
June 26, 2009 until present
DESCRIPTION OF VIOLATIONS:
On December 26, 2008, MassDEP received a Phase V Status Report, a Remedial Monitoring
Report, and a Remedy Operation Status Report to maintain a Remedy Operation Status for RTN
3-18002.
In accordance with 310 CMR 40.0892(1), a Phase V Status Report is due at intervals of six
months following the submittal of the first Phase V Status Report, and every six months
thereafter. No Phase V Status Report was received by the due date of June 26, 2009:
On September 28, 2009, MassDEP contacted Michael Geisser, LSP of Record for the site, to
determine the status of the remedial system installed as part of the Comprehensive Response
Actions undertaken at the site. MassDEP was informed that the system had been removed.
In accordance with 310 CMR 40.0893(6), any person who discontinues operation of a remedial
system shall provide written notice of termination to MassDEP.
REGULATIONS VIOLATED:
Section 310 CMR 40.0892(1) states: "At a minimum, at a disposal site where Phase V operation,
maintenance and/or monitoring of Comprehensive Response Actions is being conducted, a Phase
V Status Report as described in 310 CMR 40.0892(2) shall be submitted to the Department six
months from the receipt by the Department of the Phase IV Completion Statement and every six
months thereafter for the duration of the operation of the remedy. Each Status Report shall
document activities occurring over the period of time since the previously submitted Status
Report."
This information it available in alternate format Call Donald M.Gomm,ADA Coordinator at 617-5561037.TDD#866539-7622 or 6173746868.
http://www.mass.gov/dep.Fu(978)694-3499
Printed on Recycled Paper
Salem, Winter Island Road, 3-18002 a
Section 310 CMR 40.0893(6) Termination of Remedy Operation Status states:
"(a) Remedy Operation Status shall terminate if:
1. the person providing the Remedy Operation Status Opinion fails to meet the requirements of
310 CMR 40.0893(2). Mechanical failure of the system and/or the need to undertake substantial
system modifications shall not terminate Remedy Operation Status if written notice is provided
to the Department and the operation of the remedy is resumed in accordance with 310 CMR
40.0893(6)(b); or
2. the person providing the Remedy Operation Status Opinion notifies the Department in
accordance with 310 CMR 40.0893(6)(c) that such person intends to terminate Remedy
Operation Status;
(b) Any person conducting response actions at a disposal site with Remedy Operation Status
who obtains knowledge that the criteria in 310 CMR 40.0893(2) are no longer being met,
including knowledge of a mechanical failure and/or need to substantially modify the remedial
system or program, shall provide written notice to the Department in the form of a Status Report
within 30 days of obtaining such knowledge. Notice shall include plans and a timetable to
correct failures and/or to implement modifications of the remedial system or program. Remedy
Operation Status shall terminate unless the remedial system or program is operating in
accordance with 310 CMR 40.0893(2) within 120 days of providing such written notice or within
an Interim Deadline established by the Department and a Status Report is submitted to the
Department that documents the resumed operation of the remedy within 120 days of the notice or
the Interim Deadline, whichever is applicable;
(c) Any person who intends to discontinue operation of the remedial system or program on
which the Remedy Operation Status is based and/or otherwise terminate Remedy Operation
Status shall provide written notice to the Department. Remedy Operation Status shall terminate
upon the Department's receipt of such notice;
(d) Notwithstanding 310 CMR 40.0893(6)(c), any person who intends to discontinue operation
of the remedial system on which the Remedy Operation Status is based in order to assess whether
the remedial goals have been achieved and conditions remain stable over time may maintain
Remedy Operation Status provided that he/she:
1. notifies the Department of the system shut down for the purpose of such evaluation and the
plans for monitoring site conditions in the next required Status Report following system shut
down;
2. continues to submit Status Reports at the frequency required in 310 CMR 40.0892; and
3. notifies the Department if operation of the system is resumed in the next required Status
Report following resumed operation;"
f
Salem, Winter Island Road, 3-18002 s
ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS:
In order to return to compliance the City of Salem shall:
(1) terminate the Remedy Operation Status in accordance with 310 CMR 40.0893(6) within
Thirty(30)days of the date of this Notice,
(2) submit a Phase V Status Report in accordance with 310 CMR 40.0892 within Thirty (30) days
of the date of this Notice,
(3) file a Response Action Outcome Statement which meets the requirements of 310 CMR 40.1000
of the MCP within Two (2)years of the date of this Notice, and
(4) conduct all future response actions in compliance with 310 CMR 40.0000.
l
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 at (978) 694-3200
DEVAL L. PATRICK
Governor IAN A. BOWLES
Secretary
TIMOTHY P. MURRAY
Lieutenant Governor LAURIE BURT
Commissioner
January 22, 2010
CERTIFIED MAIL# 7008 1830 0004 6089 0496
City of Salem RE: Salem
120 Washington Street Winter Island Road
Salem, MA 01970 RTN: 3-18002
File No.: ACOP-NE-06-3A041
AT"IN: Thomas St. Pierre, Inspectional Services Director
NOTICE OF VIOLATION OF ADMINISTRATIVE CONSENT ORDER
Dear Mr. St. Pierre:
The Massachusetts Dcpartment of Environmental Protection ("the Department or MassDEP")
has determined that the City of Salem (hereafter referred to as "you' or "your") is a Potentially
Responsible Party ("PRP") for one or more_releases of oil and/or hazardous materials at the
disposal site ("the site") named above. MassDEP personnel have determined that on June 26,
2009 and December 28, 2009, you have failed to provide certain documents to MassDEP which are
required by the Massachusetts Contingency Plan (MCP) and the regulations adopted thereunder,
310 CMR 40.0000 and you have also'conducted response actions in violation of the MCP. You
are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals
enforced by the MassDEP. As a result, you have violated the terms of the Administrative Consent
Order with Penalty, ACOP-NE-06-3A041, executed on March 20, 2007.
Attached hereto is a written description of the requirements and regulations violated, the actions
you must take to correct the violations and the deadlines for taking such actions. If the violations
described below are not corrected within the timeframes specified, you will be subject to additional
penalties.
This information is available in alienate Format.Call Donald M.Coos;ADA Coordinator at 617-556.1057.'rDDB 866-579-7622 or 617-574-6868.
http://w .mass.gov/dep-Fax(978)694-3499
0 Printed on Recycled Paper
1
2
Salem, Winter Island Road, 3-18002
Notwithstanding din this
Notice MassDEP reserves the right to exercise the full extent of its legal
able requirements, including, but not
a he
compliance with all 4
fain full com pP . .
authority m order to obtain P
limited to, criminal prosecution, civil action including court-imposed civil penalties, or
administrative penalties assessed by
MassDEP.
MassDEP's findings do not: (1)apply to actions or other aspects of the site that were not reviewed;
(2) preclude future audits of past,current, or future actions at the site; (3) in any way constitute a
tion action or penalty under M.G.L. c. 21E, 310 CMR 40.0000,or
' bili obligation,
release from any liability, g
any other law, regulation, or requirement; or(4) limit MassDEP's 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. 21 E which MassDEP deems necessary to protect health,
safety,public welfare, or the environment.
A copy of this Notice is being sent to Michael F. Geisser, LSP#6997, the LSP-of-Record for the
disposal site. However, you, not your LSP, are responsible for correction of the identified
violations.
If you have any questions about this matter, please contact Paegan Deering of this office at the
letterhead address or telephone number and refer to the following Release Tracking Number
("RTN") 3-18002.
/
Sincerely,
S ephen M. Johns n
Deputy Regional i ctor
Bureau of Waste Site Cleanup
cc: Data Entry/File(C&E/INTLET)
Michael F. Geisser, LSP, by electronic mail
David Knowlton, PE, by electronic mail
City of Salem, Board of Health, by electronic mail
Salem, Winter Island Road, 3-18002
ATTACHMENT A
SUMMARY
NAME OF ENTITY:
City of Salem
LOCATION:
Winter Island Road, Salem, Massachusetts
DATE:
June 26, 2009 until present
DESCRIPTION OF VIOLATIONS:
On December 26, 2008, MassDEP received a Phase V Status Report, a Remedial Monitoring
Report, and a Remedy Operation Status Report to maintain a Remedy Operation Status for RTN
3-18002.
In accordance with 310 CMR 40.0892(1), a Phase V Status Report is due at intervals of six
months following the submittal of the first Phase V Status Report, and every six months
thereafter. No Phase V Status Report was received by the due date of June 26, 2009.
On September 28, 2009, MassDEP contacted Michael Geisser, LSP of Record for the site, to
determine the status of the remedial system installed as part of the Comprehensive Response
Actions undertaken at the site. MassDEP was informed that the system had been removed.
In accordance with 310 CMR 40.0893(6), any person who discontinues operation of a remedial
system shall provide written notice of termination to MassDEP.
REGULATIONS VIOLATED:
Section 310 CMR 40.0892(1) states: "At a minimum, at a disposal site where Phase V operation,
maintenance and/or monitoring of Comprehensive Response Actions is being conducted, a Phase
V Status Report as described in 310 CMR 40.0892(2) shall be submitted to the Department six
months from the receipt by the Department of the Phase IV Completion Statement and every six
months thereafter for the duration of the operation of the remedy. Each Status Report shall
document activities occurring over the period of time since the previously submitted Status
Report."
This information it available in alternate lormaL Call Donald M.Gomm,ADA Coordinator at 617-356.1057.TDD#866.5794633 or 617-574-6868.
http://w .mass.gov/dep-Fu(978)694-3499
0 Printed on Recycled Paper
4
Salem, Winter Island Road, 3-18002
Section 310 CMR 40.0893(6) Termination of Remedy Operation Status states:
"(a) Remedy Operation Status shall terminate if.-
1.
f:1. the person providing the Remedy Operation Status Opinion fails to meet the requirements of
310 CMR 40.0893(2). Mechanical failure of the system and/or the need to undertake substantial
system modifications shall not terminate Remedy Operation Status if written notice is provided
to the Department and the operation of the remedy is resumed in accordance with 310 CMR
40.0893(6)(b); or
2. the person providing the Remedy Operation Status Opinion notifies the Department in
accordance with 310 CMR 40.0893(6)(c) that such person intends to terminate Remedy
Operation Status;
(b) Any person conducting response actions at a disposal site with Remedy Operation Status
who obtains knowledge that the criteria in 310 CMR 40.0893(2) are no longer being met,
including knowledge of a mechanical failure and/or need to substantially modify the remedial
system or program, shall provide written notice to the Department in the form of a Status Report
within 30 days of obtaining such knowledge. Notice shall include plans and a timetable to
correct failures and/or to implement modifications of the remedial system or program. Remedy
Operation Status shall terminate unless the remedial system or program is operating in
accordance with 310 CMR 40.0893(2) within 120 days of providing such written notice or within
an Interim Deadline established by the Department and a Status Report is submitted to the
Department that documents the resumed operation of the remedy within 120 days of the notice or
the Interim Deadline, whichever is applicable;
(c) Any person who intends to discontinue operation of the remedial system or program on
which the Remedy Operation Status is based and/or otherwise terminate Remedy Operation
Status shall provide written notice to the Department. Remedy Operation Status shall terminate
upon the Department's receipt of such notice;
(d) Notwithstanding 310 CMR 40.0893(6)(c), any person who intends to discontinue operation
of the remedial system on which the Remedy Operation Status is based in order to assess whether
the remedial goals have been achieved and conditions remain stable over time may maintain
Remedy Operation Status provided that he/she:
1. notifies the Department of the system shut down for the purpose of such evaluation and the
plans for monitoring site conditions in the next required Status Report following system shut
down;
2. continues to submit Status Reports at the frequency required in 310 CMR 40.0892; and
3. notifies the Department if operation of the system is resumed in the next required Status
Report following resumed operation;"
i
Salem, Winter Island Road, 3-18002 5
ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS:
In order to return to compliance the City of Salem shall:
(1) terminate the Remedy Operation Status in accordance with 310 CMR 40.0893(6) within
Thirty (30)days of the date of this Notice,
(2) submit a Phase V Status Report in accordance with 310 CMR 40.0892 within Thirty (30) days
of the date of this Notice,
(3) file a Response Action Outcome Statement which meets the requirements of 310 CMR 40.1000
of the MCP within Two (2)years of the date of this Notice, and
(4) conduct all future response actions in compliance with 310 CMR 40.0000.