24-26 CONGRESS STREET DEP - AUL AUDIT INSPECTION 5-31-18 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
LlDepartment of Environmental Protection
Northeast Regional Office • 2058 Lowell Street, Wilmington MA 01887 . 978-694-3200
Charles D. Baker Matthew A. Beaton
Governor Secretary
Karyn E. Polito 9 Martin Suuberg
Lieutenant Governor MAY 3 12018 Commissioner
CERTIFIED MAIL
70141820 00013560 8961
South Harbor Holdings, LLC
281 Derby Street Re: SALEM — 3 =2084
P.O. Box 829 24-26 Congress Street
Salem, MA 01970 Activity & Use Limitation
ENF #: 00004727
Attn: Russell L. Tamer
NOTICE OF AUDIT FINDINGS
NOTICE OF NONCOMPLIANCE
AUL AUDIT INSPECTION
Dear Mr. Tamer:
The Massachusetts Department of Environmental Protection (MassDEP or the Department) has
conducted an audit of an Amendment and Ratification of Notice of Activity and Use Limitation
("Amended AUL") filed for the above-referenced site on September 30, 2002.
MassDEP ' s audit consisted of an inspection (Level 2 Audit) of the area subject to the AUL and a
compliance screening audit (Level 1 Audit) of the Amended AUL. Level 1 Audits are performed
using standard MassDEP checklists. Examples of MassDEP ' s checklists are available on the Internet
at hLtp ://www.mass. gov/eea/agencies/massdo/cleanup/sites/technical-screening-audit-forms-
checklists.html. This Notice informs "you" (as used in this Notice, "you" refers to South Harbor
Holdings, LLC) of the results of MassDEP ' s audit.
AUL AUDIT INSPECTION
On April 18, 2018, MassDEP conducted an AUL Audit Inspection at the site to observe conditions
related to the area subject to a Notice of Activity and Use Limitation. In particular, the inspection
focused on whether activities and uses were consistent with the terms and conditions of the Amended
AUL and whether obligations and conditions required to maintain a condition of No Significant Risk
were being met. The AUL area is a portion of the paved parking lot for nearby commercial businesses
in a mixed residential and commercial section of Salem.
This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751 .
TTY# MassRelay Service 1 -600-439-2370
MassDEP Website: w mass.gov/dep
Printed on Recycled Paper
Salem, 3-2084 2
As a result of the audit inspection, MassDEP has identified a violation of the requirements applicable
to the Activity & Use Limitation (AUL) at the site. The activity that is 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 ) the activity identified
during the audit which is in noncompliance, (2) the requirement violated, (3) the action MassDEP now
wants you to take, and (4) the deadline for taking this action. An administrative penalty may be
assessed for every day from now on that you are in noncompliance. A copy of the AUL Field
Screening Form is attached (Attachment B).
AMENDMENT AND RATIFICATION OF NOTICE OF AUL COMPLIANCE SCREENING
AUDIT
On September 30, 2002, Donald J. Clarke, on behalf of Salem Harbor Holdings, LLC, submitted a
certified registry copy of an Amendment and Ratification of Notice of ALL for the subject site. The
Amended ALL was submitted in response to the requirements of a January 31 , 2002 Response Action
Outcome Statement Screening Review/AUL Summary Compliance Review issued by MassDEP to
Donald Clark and Timothy Clark.
A compliance screening audit of the Amended AUL was performed to ensure that the ALL instrument
has been prepared in conformance with and meets the requirements of the Massachusetts Contingency
Plan (MCP; 310 CMR 40.0000). As a result of the compliance screening audit, MassDEP did not
identify violations of the requirements applicable to the Amended AUL that require follow-up.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Stephen B . Ransom, the former LSP-of-Record for the Disposal
Site.
LIMITATIONS & RESERVATION OF RIGHTS
Please note that the screening of the Amended 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 this document 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. 2 1 E 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.
Salem, 3-2084 3
If you have any questions regarding this letter or any requirements contained in it, please contact Debra
Hawks at (978) 694-3380. Please reference Release Tracking Number 3=2084 and Enforcement
Tracking Number ENF #: 00004727 in any future correspondence to MassDEP regarding the site.
Sincerely,
Wad P sata
Chief, Audit Section
Bureau of Waste Site Cleanup
Attachments: A. Notice of Noncompliance
B. AUL Field Screening Form
cc : City of Salem, Mayor's Office (mayor c@.salem.com)
City of Salem, Board of Health (kamdin@salem.com)
City of Salem, Planning and Community Development (tdanielna,salem.com)
City of Salem, Inspectional Services is ierre@salem.com)
Stephen B. Ransom, LSP-of-Record (sransom@ransomenv.com)
NERO/Data Entry: AUDCOM/NAFNON
AUL/SNAUDI
Salem, 3-2084 4
Attachment A
NOTICE OF NONCOMPLIANCE
NAME OF ENTITY IN NONCOMPLIANCE:
South Harbor Holdings, LLC
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
24-26 Congress Street, Salem, Massachusetts
DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED :
April 18, 2018, the date of MassDEP's Activity and Use Limitation (AUL) Audit Inspection
DESCRIPTION OF NONCOMPLIANCE :
Violation of 310 CMR 40.1070(2)
Pursuant to 310 CMR 40. 1070(2), "Activity and Use Limitations imposed pursuant to 310 CMR
40. 1012 shall be implemented and adhered to by the owner and holders of interest(s) in the
property and/or a license to use the property subject to the Activity and Use Limitation, and/or
the RP, PRP or Other Person conducting response actions at the disposal site or portion of a
disposal site in accordance with the procedures established in 310 CMR 40.1070 through 310
CMR 40. 1099".
The Obligations and Conditions of the Amended AUL filed for the subject site require, in part, that
"Semi-annual inspections must be performed to confirm that the pavement is being properly
maintained to prevent exposure to petroleum hydrocarbon contaminated soil in the AUL area."
During the April 18, 2018 inspection, MassDEP inquired about the semi-annual inspections.
According to Mr. Russell Tanzer, routine inspections of the pavement have not been conducted.
ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS :
In order to return the site to compliance, the following must be submitted to MassDEP through
e-DEP by July 31 , 2018 :
• A plan outlining how the semi-annual inspections of the pavement will be conducted and
documented, and proof that the first of the semi-annual inspections has been performed.
In addition, upon completion of the above, a Post-Audit Completion Statement, in accordance with 310
CMR 40. 1170, must be submitted to MassDEP through eDEP. Copies of the forms and instructions
are available online at https ://www.mass.gov/lists/waste-sitewcle4pup-forms,
If you fail to correct the violation identified 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.
MASSACBUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION RELEASE TRACKING NUMBER
2084
Northeast Regional OfficeBureau of Waste Site Cleanup
AUL FIELD SCREENING FORM TowN: SALEM
Site Name: Property Contact Person: Russ Tanzer
Address: 281 Derby Street; 24-26 Congress Street Phone: (978) 880-5285
AUL INFORMATION (filled out by Screening/Office Staff SITE INSPECTION (filled out by Field Staff
Date AUL filed: 9/5/02 (amended) Boundaries of AUL area(s) identifiable? Yes
BK 19183 PG 280 Complete access to all ALL area(s)? See notes below *
AUL on portion Evidence of recent excavation/disturbance? See notes below *
Evidence of recent construction? No
Remediation Waste present? No
Indication of potentially serious site conditions? No
PERMITTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X Commercial X Construction related excavation
See AUL for all requirements The AUL area is located on a portion of the paved parking lot on
24 Congress Street.
VIOLATION OBSERVED: No
INCONSISTENT/RESTRICTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X Pavement — activities and uses that do not damage and/or
remove X Residential X Day Care X School
X Child presence likely
See AUL for all requirements
VIOLATION OBSERVED: No
OBLIGATIONS AND CONDITIONS' OBSERVED CONDITIONS
X Maintain pavement X Semi-annual inspections
X HASP X Soil Mgmt Plan
According to Mr. Tanzer, there have not been any semi-annual
inspections to date, and he is not aware of any excavations
See AUL for all requirements and/or construction in the AUL area.
AUL Sketch Attached to this form? No
VIOLATION OBSERVED: Yes
Additional Comments/Notes on Reverse Side: Na Additional Comments/Notes on Reverse Side: N
Completed by: Debra Hawks Date: 4118118
t The following is only a brief summary of the ALL conditions, consult the actual Activities and Use Limitation Notice for specific descriptions