23R MAY STREET PSS + AUL 11-29-18 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
LlDepartment of Environmental Protection
Northeast Regional Office • 2058 Lowell Street, Wilmington MA 01887 . 978-1394-3200
Charles D. Baker Matthew A. Beaton
Governor _ Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor NOV 2 9 2010 Commissioner
CERTIFIED MAIL
7014 1820 00013560 9036
City of Salem Re: SALEM — 3 -31906
Planning & Community Development 23R May Street
98 Washington Street, 2nd Floor Permanent Solution Statement
Salem, MA 01970 Activity & Use Limitation
ENF #: 00006100
Attn: Tom Devine
Senior Planner
NOTICE OF AUDIT FINDINGS
INTERIM DEADLINE
AUL AUDIT INSPECTION
COMPLIANCE SCREENING AUDIT
Dear Mr. Devine:
The Massachusetts Department of Environmental Protection (MassDEP or the Department) has
conducted an audit of a Permanent Solution Statement (PSS) and a Notice of Activity & Use
Limitation (AUL) filed for the above-referenced site on December 10, 2014, and December 9, 2014,
respectively.
MassDEP' s audit of this site consisted of an inspection (Level 2 Audit) of the area subject to the
AUL and technical screens (Level 1 Audits) of the PSS and AUL. Level 1 Audits are performed
using standard MassDEP checklists. Examples of MassDEP' s checklists are available on the
Internet at http://www.mass. izov/eea/agencies/massdep/cleanup/sites/technical-screenin -ag udit-
forms-checklists.html. This Notice informs you (as used in this notice, "you" refers to the City of
Salem) of the results of MassDEP' s audit.
AUL AUDIT INSPECTION
On October 2, 2018, MassDEP conducted an AUL Audit Inspection at the site to observe conditions
related to the area subject to the Notice of AUL. In particular, the inspection focused on whether
activities and uses were consistent with the terms and conditions of the AUL and whether
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, 3-31906 2
obligations and conditions required to maintain a condition of No Significant Risk were being met.
The AUL area is a public park, located in a mixed residential and commercial section of Salem. A
copy of MassDEP' s AUL Field Screening Form is attached.
As a result of the audit inspection, MassDEP has identified the following violation which requires
correction:
• 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 AUL filed for the subject site require, in part, that
"The constructed barriers, as described in 3 (i), must be maintained, repaired, and/or replaced
as necessary with a comparable barrier. . . " Section 3 (i)(a) defines the constructed barrier as
"three (3) feet of clean soil above a geotextile marker layer in landscaped areas and
referenced on the As-Built Site Plan in Exhibit B as the North and South Berms. "
During the October 2, 2018 inspection, MassDEP observed worn/eroded areas along both
sides of the slide, located on the North Berm.
PERMANENT SOLUTION STATEMENT (PSS) TECHNICAL SCREENING AUDIT
A technical screening audit of the PSS was performed using a standard MassDEP checklist. The
technical screening audit is conducted to identify conditions that pose or could pose Imminent
Hazards, identify conditions that require Immediate Response Actions, or recommend the site for a
targeted comprehensive audit. Based on the technical screening audit of the PSS, MassDEP is not
directing you to undertake further response actions at this time with regard to the PSS.
ACTIVITY & USE LIMITATION (AUL) COMPLIANCE SCREENING AUDIT
A compliance screening audit of the AUL instrument was performed to ensure that the 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 has identified the following violation which requires correction:
• Violation of 310 CMR 40.1074(2)(a)(5)
Pursuant to 310 CMR 40.1074(2)(a)5, an 81/2" sketch plan shall be attached as an
exhibit to the Notice of Activity and Use Limitation, showing the location of the Notice
of Activity and Use limitation in relation to the boundaries of the disposal site.
Salem, 3-31906 3
Exhibit B includes a survey plan of the property, dated July 1928, and an as-built plan for
the park, dated June 23 , 2014, The 1928 survey plan identifies the AUL and property
boundaries (which are the same). The 2014 as-built plan identifies the various barriers to be
maintained as part of the AUL requirements. Neither plan identifies the AUL boundaries in
relation to the disposal site boundaries. In addition, the boundaries of the survey plan
compared to the as-built plan do not match up.
ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS:
In order to return the site to compliance, by July 1, 2019, submit through MassDEP' s online filing
system (eDEP) the following:
1 ) Documentation, including photo documentation, of the repair of the wom/eroding areas
along both sides of the slide either through the restoration of the grass or replacement of the
grass with a more durable surface. As a reminder, future work on the northern berm must be
conducted in accordance with the requirements of the AUL; and
2) A certified registry copy of a Confirmatory AUL, pursuant to 310 CMR 40. 1085, with an
attached sketch plan that clearly identifies the property boundaries, AUL boundaries,
disposal site boundaries, and barriers to be maintained.
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-site-cleanup-forms.
Please note that this is an enforceable Interim Deadline issued pursuant to M.G.L. c. 21E, 310
CMR 40.0167, and 310 CMR 40. 1140. If you do not meet this deadline, you maybe subject to
enforcement action by MassDEP.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to James S . Currier, the fonner LSP-of-Record for the Disposal
Site.
ADDITIONAL COMMENTS
The AUL prohibits gardening for human consumption, except when grown in raised bed planters.
During the AUL inspection, MassDEP observed two types of gardens : ( 1 ) a Rain Garden, located
between tlic Pavilion and the playground, which appeared to contain ornamental plants, and (2) a
community garden, located within a locked chain link fence along the eastern border that, based on
observations through the locked fence, appeared to contain produce in raised beds. To help to
ensure that the requirements of the AUL are followed with respect to gardening in the future, it may
be helpful to post signs in the areas of both gardens and/or provide educational outreach to users of
the gardens informing them of the need for raised bed planters for produce.
Salem, 3-31906 4
LIMITATIONS & RESERVATION OF RIGHTS
Please note that the screening of the PS'S and AUL conducted by MassDEP were not comprehensive
audits. It is possible that a fixture 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 or MassDEP may invalidate the PSS and require termination of the AUL. The
review of these documents 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. 21E 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.
If you have any questions regarding this letter, please contact Debra Hawks at (978) 694-3380 . Please
reference Release Tracking Number 3-31906 and Enforcement Tracking Number
ENF #: 00006100 in any future correspondence to MassDEP regarding the site,
f rely,
/Z
ebra H s
Environmental Analyst
avid LaPusata
Chief, Audit Section
Bureau of Waste Site Cleanup
Attachment: A. AUL Field Screening Form
cc : City of Salem, Mayor's Office (mayor@salem.com)
City of Salem, Board of Health (health salem.com)
City of Salem, Planning and Community Development gdaniel&alem.com)
City of Salem, Inspectional Services (tstpierre salem.com)
James S. Currier, foTmerLSP-of-Record (currieri@wseinc.com)
NERO/Data Entry: AUDCOM/INTLET
AUL/SNAUDI
AUL/TSAUD (6/20/18)
RAO/TSAUD (6/20/18)
RELEASE TRACKING NUMBER
-- MASSACHUSETTs DEPARTMENT OF ENVIRONMENTAL PROTECTION
31906
Northeast Regional OfficeBureau of Waste Site Cleanup
AUL FIELD SCREENING FORM TowN: sALEM
Site Name: Splaine Park Contact Person Thomas Devine, Sr. Planner
Address: 23R May Street Phone: (978) 619-5682
AUL INFORMATION filled out by Screenin / ice Staff SITE INSPECTION filled out by Field Staffl
Date AUL filed: Boundaries of AUL area(s) identifiable? Some areas unclear
BK 33725 PG407 Complete access to all ALL area(s)? See notes below *
12/9/2014 Evidence of recent excavation/disturbance? See notes below*
AUL on entire property Evidence of recent construction? See notes below*
Remediation Waste present? See notes below *
Indication of potentially serious site conditions? No
SOILS — soils below barriers
PERMITTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X Publicpark X Maintenance* X Otherpublic,
commercial, industrial activities ** X Excavation ***
Public park with community garden.
*..baseball field, landscaping, berms, utility, park equipment,
facilities maintenance and repairs that do not disturb SOILS
*. . .do not cause and/or result in direct contact with, disturb,
and/or relocate SOILS
** *Emergency excavation; non-emergency utility and/or
construction with SMP, HASP, and as perAUL "Obligations"
-Other activities & uses approved by an LSP VIOLATION OBSERVED: No, see notes below
INCONSISTENT/RESTRICTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X Residential X Agricultural X Institutional*
*. . .private or public schools; day cares
-Activities or uses likely to involve the removal and/or
disturbance of SOILS; underground utility and/or construction
workprovided in accordance with AUL "Obligations "
-Activities or uses likely to involve direct contact to SOILS
VIOLATION OBSERVED: No, see notes below
OBLIGATIONS AND CONDITIONS' OBSERVED CONDITIONS
X Soil Mgmt Plan (SMP) X Health and Safety Plan (HASP)
X Constructed barriers* X Inspections** Most areas visible, but limited access and viewing of the
community garden (located within a locked chain linkfence)
*Maintain, repair and/or replace with comparable barrier and wooded area on the western border.
* *. . ..at least annually.
- SOILS cannot be relocated unless evaluated and approved by Eroded areas observed around the slide on the north berm.
an LSP
According to Mr. Devine: (1) they are not aware of any
AUL Sketch Attached to this form? No subsurface activities since the AUL was implemented, and (2) he
conducts inspections at least 2x/yr and records his findings in a
dedicated inspection binder.
VIOLATION OBSERVED: Yes
Additional Comments/Notes on Reverse Side: No Additional Co No
Completed by: Debra Hawks Date: 1012118
t The following is only a brief summary of most of the AUL conditions, consult the actual Activities and Use Limitation Notice for specific descriptions