20 PIERCE AVENUE URAM 9-18-18 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
Charles D. Baker Matthew A. Beaton
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
SEP 18 2018
Massachusetts Electric Co. d/b/a National Grid RE: Salem
40 Sylvan Road National Grid Facility
Waltham, MA 02451 20 Pierce Avenue
RTN 3-35128
Attention: Mr. Aaron Townsley PERFORMING UTILITY-RELATED
ABATEMENT MEASURES PURSUANT
TO MGL e. 21E & 310 CMR 40.0000
Dear Mr. Townsley:
On September 12, 2018, the Massachusetts Department of Environmental Protection
(MassDEP) received a notification of intent to conduct a Utility Related Abatement Measure
(DRAM) at the above referenced location. 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 DRAM 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:
(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;
This Information Is available In alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751 . TTV# MassRelay Service 1-800439.2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
Salem, 20 pierce Avenue, RTN 3=35128 Page 2
(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 DRAM 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 SUBNHTTALS
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), BWSG103, 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 CNM
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).
Salem, 20 pierce Avenue, RTN 3=35128 Page 3
(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 (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 parry'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.
Salem, 20 pierce Avenue, RTN 3=35128 Page 4
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.
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.Isna.orW, or call the Board of Registration of Hazardous Waste Site Cleanup
Professionals at (617) 556- 1091 .
Salem, 20 pierce Avenue, RTN 3-35128 Page 5
Thank you for your anticipated cooperation in this matter. If you have any questions
relative to this notice, contact Ida Babroudi at the letterhead address or (978) 694-3386. All future
communications must reference the Release Tracking Number contained in the subject block of this
letter.
Sincerely,
Ida Babroudi
Environmental Engineer
Bureau of Waste Site Cleanup
cc via Email: Salem Health Department, Mr. Larry Ramdin [Health Agent]
John Aevazelis [LSP]
cc : MassDEP File/NOR/URAMLR
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