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15 Robinson Road DEP NON 4-28-21 i Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs De""kartment ni r n m ntal Protection Northeast Regional Off ice O B Lowell ll Street, Wilmington MA 01887#978-694-3200 Charles D.Baker Kathleen A.Theoharides Governor Secretary Karyn E.Polito Martin Suuberg Lieutenant Governor Commissioner APR 2 8 2021 Certified Mail 7015 1520 0002 1414 4986 15 Robinson Road, LLC Re: Salem— 15 Robinson Road 27 Farm Avenue RTN 3-26542 Peabody, MA 01960 ENF 9: 00010549 Attn: Michael Weiss NOTICE OF AUDIT FINDINGS NOTICE OF NONCOMPLIANCE Dear Mr. Weiss: The Massachusetts Department of Environmental Protection (MassDEP or the Department) has conducted an audit of a Permanent Solution Statement with Conditions (PSC) submitted for the above- referenced site on December 28, 20181., and an Activity and Use Limitation(AUL) filed for the above- referenced site on December 27, 2018. The objective of the audit was to determine if response actions meet the requirements of Massachusetts General Law chapter 21 E (M.G.L. c. 21 E) and the Massachusetts Contingency Plan(MCP). MassDEP staff at the Northeast Regional Office performed the audit. This Notice of Audit Findings/Notice of Noncompliance (NAFNON) informs you(as used in this Notice, "you"refers to 15 Robinson Road, LLC) of the results of MassDEP's audit. SITE SUMMARY The site is approximately 9.72 acres and located at 15 Robinson Road in Salem, Massachusetts. The - - property was used by an automobile salvage company from 1961 until 2016. Currently the property contains a single-family building, which is used as a commercial office, a steel framed canopy building, and a foundation for a building that was never constructed. The site is located in an area of primarily commercial properties. Mercury and cadmium were detected in soil and groundwater above the applicable Reportable Concentrations in 2006, which triggered a 72-hour notification to MassDEP because the release to groundwater was located within 500 feet of a private well. On March 5, 2008, MassDEP issued a This information is available in alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751. TTY#MassRelay Service 1-800-439-2370 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper Salem, 15 Robinson Road,3-26542 Page 2 Notice of Noncompliance (NON) for failure to Tier Classify the site or submit a Response Action Outcome Statement (Permanent Solution), failure to identify a condition of substantial release migration due to the detection of oil and/or hazardous material (OHM) in a private drinking water well, and failure to submit an Immediate Response Action Plan. The site was classified as a Tier I Default site and remained in noncompliance until a Tier Classification was submitted in 2017. Historic uses of the property include an automobile salvage yard, metal recycling facility, and demolition debris transfer station In-the past 20 years, the property was also used to process scrap steel, appliances, drums, and white metals. According to the Phase I Report, the demolition debris transfer station ceased operation in 2004. An intermittent stream and associated wetlands are located along the southern edge of the property along Robinson Road. The stream drains a small pond that abuts the property to the southwest and flows downhill to a culvert on the opposite side of Swampscott Road. The surface water in the pond is shallow, less than two feet deep, and was completely dry the past three summers. There are numerous bedrock outcrops at the property. The depth to groundwater is variable and is controlled by the presence of bedrock and the intermittent stream. The depth to groundwater ranges from 3 feet below ground surface (near the intermittent stream) to 15 feet below ground surface. According to the PSC, regional groundwater flow at the site is most likely to the northeast. Since 2016, subsurface assessment at the site included 56 test pits, nine soil borings, and the installation of six groundwater monitoring wells. Contaminants of concern detected in soil samples include volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs),' polychlorinated biphenyls (PCBs),polycyclic aromatic hydrocarbons (PAHs), and metals. According to the PSC, groundwater and surface water are not impacted by the releases. Four sediment samples were collected from the intermittent stream. A concentration of 220 mg/kg of lead was detected in the 'sediment sample collected at location GSW-2/GSED-2. The PSC, states that the elevated lead concentration is a result of fill used to backfill around a culvert, which was replaced before the current owner purchased the property. In 2016, a Release Abatement Measure (RAM)was conducted at the site to facilitate the management of OHM contaminated soil during grading on portions of the site. As part of the RAM, several debris piles were removed from the site. In addition, soil in some areas was stripped down to bedrock, covered with crush stone, and graded. The PSC, states that a Method 1 and Method 2 Risk Characterization was used to demonstrate that a condition of No Significant Risk (NSR) exists for the site. Several different soil areas were evaluated as part of the risk characterization: AUL Area, AUL Area Cap, Storm Water Retention Area, General Site Wide Area, Stockpile STK-2, and loam stockpile. Soil exposure point concentrations (EPCs) were calculated for each of the above listed areas and compared to applicable Method 1 Standards. Soil EPCs for lead, PCBs, and some PAHs in several areas were above their applicable Method 1 Standards. In two of the areas, a Method 3 risk calculation was completed for a residential receptor to justify a conclusion of NSR. In the AUL Area, a Method 1 Risk Characterization was used to determine risks. Soil contaminant concentrations in this area exceed applicable Method 1 Standards. An AUL was used to reach a conclusion of NSR. Salem, 15 Robinson Road,3-26542 Page 3 An AUL was filed for the site on December 21, 2018 at the Essex South District Registry of Deeds. The AUL only applies to a portion of the disposal site located in the northeast corner of the property. The AUL prohibits excavation deeper than three feet below grade without the oversight of a Licensed Site Professional (LSP). The AUL also prohibits residential use, use of the portion for daycare, playground, and schools, and use of the portion for growing of fruits or vegetables intended for human consumption. DETERMINATION As a result of the audit, MassDEP has determined that response actions were not performed in compliance with the requirements of the MCP. Violations were identified that require additional actions to be taken under the supervision of a LSP in order to come into compliance with the MCP. The activities that are in noncompliance and the actions MassDEP wants you to take to come into compliance are described in the 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 actions. 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 (BWSC 111) can be found at https:Hv;ww.mass.gov/guides/site-cleanu]p-transmittal-forms. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Luke A. Fabbri, Licensed Site Professional (LSP) #9988, 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. LIMITATIONS & RESERVATION OF RIGHTS MassDEP's findings were based on 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. 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. Salem, 15 Robinson Road,3-26542 Page 4 If you have any questions regarding this Notice,please contact Brian Roden at brian.rodengmass.gov or (978) 694-3346. Please reference Release Tracking Number 3-26542, and Enforcement Tracking Number 000 10549 in any future correspondence to MassDEP regarding the site. Sincerely, Ile .00 Stephen M. Johnson t(ctor Deputy Regionat�` Bureau of Waste Site Cleanup Attachment: Notice of Noncompliance cc: City of Salem,Mayor's Office mgyorgsalem.com City of Salem,Board of Health healthgsalem.com Luke A. Fabbri,LSP lafabbri.gfskhotmail.com NE,RO/Data Entry: AUDCOM/NAFNON, RAO/ACTAUD Salem, 15 Robinson Road, 3-26542 Page 5 Attachment A NOTICE OF NONCOMPLIANCE NAME OF ENTITY IN NONCOMPLIANCE: 15 Robinson Road, LLC LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 15 Robinson Road, Salem, Massachusetts DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: December 28, 2018, the submittal date of the Permanent Solution DESCRIPTION OF NONCOMPLIANCE: 1. Violation of 310 CMR 40.0941(3) Pursuant to 310 CMR 40.0941(3), one of three methods of risk characterization(Method 1, 2, or 3) shall be used to determine the need for a remedial action or to demonstrate that a level of no significant risk of harm to health,public welfare and the environment exists or has been achieved. The PSC used a Method 1 Risk Characterization and Method 3 chemical-specific calculations to show that a condition of No Significant Risk exists for human health, safety,public welfare and the environment. While a combination of risk characterization methods is allowed by the MCP under certain circumstances, use of a combination of Methods 1 and 3 to evaluate risk to human health is inconsistent with 310 CMR 40.0942. Several different areas of soils were evaluated using a Method 1 Risk Characterization or a combination of Method 1 and Method 3 Risk Characterizations. For all areas, exposure point concentrations (EPCs) were calculated for soil and these EPCs were then compared to applicable Method 1 standards. Soil EPCs for 2-methylnaphthalene and dibenzo(a,h)anthracene in the "Storm Water Retention Area" are above their respective Method 1 S-1/GW-1 standards. The PSC states, "to determine if this area was a significant risk MADEP's residential soil shortform was used to calculate the Hazard Index(HI) and Excessive Lifetime Cancer Risk (ELCR)." Calculation of HI and ELCR is consistent with a Method 3 risk characterization approach. The calculated HI and ELCR are below the MCP risk limits. Similarly,the soil EPC for dibenzo(a,h)anthracene in the "General Site Wide Area" is above the Method 1 S-1/GW-1 standard. A Method 3 risk calculation was completed for this area and showed that calculated risks were below MCP risk limits. Using a combination of Method 1 and Method 3 risk characterizations to evaluate risk to human health in this way is not an allowable option under 310 CMR 40.0942. Therefore, a condition of No Significant Risk has not been demonstrated for the "Storm Water Retention Area" or the "General Site Wide Area". Salem, 15 Robinson Road, 3-26542 Page 6 2. Violation of 310 CMR 40.1012(4) Pursuant to 310 CMR 40.1012(4)(b), Activity and Use Limitations shall not be used to justify a conclusion that a condition of No Significant Risk exists or has been achieved at sites characterized using Method 1 or Method 2 if an identified Exposure Point Concentration exceeds an applicable Method 1 or Method 2 standard. Pursuant to 310 CMR 40.1012(4), an AUL shall not be used to justify a conclusion that a condition of NSR exists using a Method 1 Risk Characterization, if an identified EPC exceeds an applicable Method 1 standard. Soil EPCs calculated for lead, PCBs, and four PAHs, in the "AUL Area", exceed their respective Method 1 S-1/GW-1 and S-1/GW-3 cleanup standards. Although not discussed in the PSC, it should also be noted that the soil EPC for lead exceeds the S-3/GW-1 Method 1 standard. Therefore, a condition of No Significant Risk does not exist for this area. 3. 310 CMR 40.1074(2) Pursuant to 310 CMR 40.1074(2)(a)2, a Notice of Activity and Use Limitation shall contain a metes and bounds description of the parcel of land which contain the area that is subject to the Notice of Activity and Use Limitation. Additionally, pursuant to 310 CMR 40.1074(2)(a)4, a Notice of Activity and Use Limitation shall contain, if the area subject to the Notice of Activity and Use Limitation comprises only a portion of the property described in 310 CMR 40.1074(2)(a)2., a metes and bounds description of the portion subject to the Notice of Activity and Use Limitation. The AUL does not contain a metes and bounds description of the entire parcel or a metes and bounds of the portion of the property. ACTIONS TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS: In order to return the site to compliance, within 120 days of the date of this letter: • Submit a Revised Permanent Solution Statement including a revised Risk Characterization using one of the three methods of risk characterization described in 310 CMR 40.0900; and • Submit a certified registry copy of an AUL Termination, pursuant to 310 CMR 40.1083, and a new AUL, pursuant to 310 CMR 40.1074. 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: http://wvwv.mass.gov/eea/agencies/massdep/cleanup/approvals/waste-site- cleanup-forms.html. If you fail to correct the violations 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. If MassDEP finds that the 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 Intent to take Response Action (NORA), Administrative Consent Order, or Unilateral Order, 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.