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405 Bridge Street - DEP URAM letter 11-16-21 Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Kathleen A. Theoharides Secretary Martin Suuberg Commissioner This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper November 16, 2021 City of Salem Engineer’s Office RE: SALEM 98 Washington Street, 2nd floor 405 Bridge Street Salem, MA 01970 (“near Bridge Street”) RTN 3-0037121 Attn: Jay Carroll, Roadway Project Manager – jaycarroll@salem.com Correspondence via email only PERFORMING UTILITY-RELATED ABATEMENT MEASURES PURSUANT TO MGL c. 21E & 310 CMR 40.0000 Dear Jay Carroll: On October 8, 2021, the Massachusetts Department of Environmental Protection (MassDEP) received verbal notification from Meghan Emmert of SAK Environmental, LLC, on your behalf, of the 120-day Reporting Condition at the above referenced location and your intent to conduct a Utility Related Abatement Measure (URAM). A BWSC 119 Form (URAM Transmittal Form) and URAM Notification were subsequently submitted on November 2, 2021. The URAM notification indicates the presence of oil and/or hazardous materials at levels exceeding the Massachusetts Contingency Plan (MCP) Reportable Concentrations. As such, MassDEP has reason to believe that the location of the URAM is or may be a disposal site requiring the performance of one or more response actions pursuant to the MCP, 310 CMR 40.0000. At the time of notification, you also informed MassDEP of your intention to perform assessment, containment and/or removal actions at the subject location. These response actions must be conducted in accordance with the URAM regulations. The purpose of this letter is to inform you of the minimum requirements for conducting URAMs as described in 310 CMR 40.0460. PERFORMANCE STANDARDS FOR URAMS Persons conducting URAMs must comply with the following minimum performance standards and all other applicable provisions set forth in 310 CMR 40.0460: MassDEP URAM Letter - RTN 3-0037121 Page 2 of 4 SALEM - 405 Bridge Street (“near Bridge Street”) (1) URAMs shall (a) be limited to only those assessment, containment or removal actions that are necessary for the completion of utility-related activities, (b) shall not prevent or impede the implementation of likely future response actions, and (c) shall not include the construction of residential, commercial, or industrial buildings; (2) Persons conducting a URAM shall engage or employ a Licensed Site Professional (LSP) to manage, supervise, oversee or actually perform the necessary response actions at this site, unless the response actions consist solely of the excavation and/or handling of: (a) not more than one hundred cubic yards of soil contaminated with oil or waste oil; or (b) not more than twenty cubic yards of soil contaminated with hazardous materials, or a mixture of oil and hazardous materials as outlined in 310 CMR 40.0462(4); (3) URAMs shall neither be initiated nor continued at any site where a "Two Hour" or "72 Hour" release or threat of release has been identified, as described in 310 CMR 40.0311 through 40.0314, until such time as an Immediate Response Action Completion Report has been submitted to MassDEP; (4) Contaminant conditions shall not be exacerbated as a result of the URAM or as a result of structures placed within an area of identified contamination; (5) Construction workers, surrounding human populations, and environmental receptors shall be reasonably protected from exposure to oil and/or hazardous material during and following construction activities; and (6) Contaminated soil, contaminated groundwater, and other Remediation Wastes removed from the disposal site and construction area shall be managed and transported in compliance with the provisions of 310 CMR 40.0030, 310 CMR 30.000, and all applicable federal, state and local laws. REQUIRED SUBMITTALS The following submittals must be provided to MassDEP within specific regulatory timeframes: (1) If an oral notification of your intent to conduct a URAM was provided to MassDEP, written confirmation of such notice, as described in 310 CMR 40.0462(2), must be provided to MassDEP within seven calendar days of this oral notification. If you have failed to provide this written notice within the required timeframe, MassDEP reserves the right to initiate appropriate enforcement actions to obtain full compliance with the MCP. (2) In addition to the written confirmation required in Item (1) above, in those cases where the person conducting the URAM is also a person required to notify pursuant to the provisions of 310 CMR 40.0331, a Release Notification Form (RNF), BWSC-103, as described in 310 CMR 40.0371 shall also be submitted to MassDEP within seven calendar days of the oral notification of the intent to conduct a URAM, consistent with 310 CMR 40.0462(2). MassDEP will assign a separate Release Tracking Number (RTN) for this notification. An RNF submittal is not required if the site associated with this URAM notification is an existing disposal site and the encountered condition is consistent with previous notifications and report submittals for that disposal site pursuant to 310 CMR 40.0317(16). (3) Note that, when a person conducting a URAM is also a person required to Notify pursuant to 310 CMR 40.0331, that person as a PRP, is also required to comply with the Release Abatement Measure MassDEP URAM Letter - RTN 3-0037121 Page 3 of 4 SALEM - 405 Bridge Street (“near Bridge Street”) (RAM) requirements at 310 CMR 40.0440. RAMs that include the construction or installation of a structure and related appurtenances that could prevent or impede the implementation of likely response actions in the future, require the submittal of a completed focused site assessment, risk characterization and feasibility evaluation prior to or concurrent with conducting such activities, pursuant to 310 CMR 40.0442(3). These RAM requirements ensure that contamination within and adjacent to the footprint of the proposed structure will not pose a significant risk to utility workers and other future receptors. These RAM requirements must be satisfied concurrently with your URAM requirements. (4) Except for limited projects exempted pursuant to 310 CMR 40.0462(4), a URAM Status Report, accompanied by a URAM Transmittal Form (BWSC119), as specified in 310 CMR 40.0465, shall be submitted to the Department 120 days following notification of your intention to conduct a URAM. Additional URAM Status Reports must be submitted every six (6) months thereafter while proposed response actions are ongoing and until a URAM Completion Report is submitted. The URAM Completion Report, accompanied by a URAM Completion Statement Form (BWSC119), as specified in 310 CMR 40.0466, shall be submitted to the Department within 60 days of the completion of all response actions associated with the URAM. Please note that a URAM Completion Report is required even if the project is completed prior to the 120 days following the notification, when a URAM Status Report would have been required. STATUTORY LIABILITIES You are advised to review the following section and determine if you are a Responsible Party for the subject release. If, after reading this section, you do not know if you are a Responsible Party, you are advised to seek legal counsel to help you in making this determination. M.G.L. c. 21E, Section 5 makes the following parties liable to the Commonwealth of Massachusetts for response action costs: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict", meaning it is not based on fault, but solely on a party's status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that a party may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. The MCP requires Responsible Parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If Responsible Parties do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, MassDEP is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, a Responsible Party can avoid liability for response action costs incurred by MassDEP and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. Please refer to M.G.L. c. 21E for further information regarding liabilities. MassDEP URAM Letter - RTN 3-0037121 Page 4 of 4 SALEM - 405 Bridge Street (“near Bridge Street”) GENERAL RESPONSE ACTION REQUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify MassDEP immediately if such a need exists. Depending on your status under M.G.L. c. 21E Section 5, you may be responsible for conducting additional response actions at the subject site. However, regardless of your status under M.G.L. c. 21E, Section 5, you may be named a Potentially Responsible Party if actions conducted by you at this site contribute to and/or exacerbate contaminant conditions. If you are a Potentially Responsible Party who is required by the MCP to undertake additional response actions at the subject site, you must provide the proper release notification information to MassDEP as described in 310 CMR 40.0300 and you must also employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions except for those URAM activities under the provisions of 310 CMR 40.0462(4). In addition, the MCP requires persons undertaking response actions at a disposal site to submit to MassDEP a Permanent Solution Statement prepared by an LSP in accordance with 310 CMR 40.1000, upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or a portion thereof. You may obtain a list of the names and addresses of these LSPs from their website at http://www.lspa.org/, or call the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1091. Thank you for your anticipated cooperation in this matter. If you have any questions relative to this notice, contact John Miano by email at john.miano@mass.gov, or (978) 694-3357. All future communications should reference the Release Tracking Number contained in the subject block of this letter. Sincerely, John Miano John Miano Chief, Site Management Section Bureau of Waste Site Cleanup ecc: - City of Salem, MA, Board of Health, Attn: Chairperson Jeremy Schiller, MD, and David Greenbaum, Health Agent – health@salem.com - SAK Environmental, LLC, Attn: Stephen A. Sakakeeny, LSP (# 5455) ssakakeeny@SAKenvironmental.com - MassDEP File/NOR/URAMLR - - RTN 3-0037121