50 BROADWAY NOTICE OF AUDIT FINDINGS 6-24-19 Commonwealth of Massachusetts
Exeouti.ve Office of Energy &Environmental Affairs
Detment r of ronme.ntal P
Nlortheast Regional Office 20513 Lowell Street, Wilmington IAA 01887.978-694-3200
Charles D.Baker Kathleen A.Theoharides
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
June 249 2019
50 Broadway Condominium Trust RE: SALEM—former Salem Plating
50 Broadway 50 Broadway
Salem, MA 01970-29212 Downgradient Property Status Opinion
RTN 3-0002310
Attention: James Weener,Trustee Enforcement Number 00007484
NOTICE OF AUDIT FINDINGS
NOTICE OF NONCOMPLIANCE
TERMINATION OF DOWNGRADIENT PROPERTY STATUS
Dear Mr. Weener:
The Massachusetts Department of Environmental Protection(MassDEP or the Department) has
completed an audit of response actions conducted to address the release of oil and/or hazardous material at the
location identified above (the Site)to ensure that they meet the requirements of Massachusetts General Law
Chapter 21 E (M.G.L. c.21 E) and the Massachusetts Contingency Plan(the MCP; 310 CMR 40.0000). In
particular,the audit focused on a Downgradient Property Status (DPS) Opinion,prepared by Decoulos&
Company and filed for the above-referenced property on September 4, 1996. This Notice informs you of the
results of MassDEP's audit.
DETERMINATION
MassDEP has determined that response actions were not performed in compliance with the requirements of the
Massachusetts Contingency Plan(MCP). The enclosed Notice of Noncompliance lists: (1)the requirements
violated; (2)the date and place that MassDEP asserts the requirements were violated; (3)the specific actions which
must be taken in order to return to compliance, and,(4)the deadline for taking such actions.
LICENSED SITE PROFESSIONAL (LSP)
A copy of this Notice has been sent to James Decoulos (LSP#9360),the LSP-of-Record for the subject property.
Please note,however,that you,not your LSP,are responsible for responding to this Notice of Noncompliance and
correcting the violations identified therein.
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,50 Broadway,RTN 3-0002310 Page 2
LIMITATIONS
MassDEP's findings were based on the information reviewed during the audit. These findings do not: (1) apply to.
actions or other aspects of the site that were not reviewed in the audit; (2)preclude future audits of past, current, or
future actions at the site; (3)in any way constitute a release from any liability, obligation, action or penalty under
M.G.L. c. 21 E, 310 CMR 40.00001 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. 21 E which MassDEP deems necessary to protect health, safety,public welfare, or
the environment.
If you have any questions regarding this Notice, contact Andrew Friedmann at 978-694-3217. Please reference
Release Tracking Number 3-0002310 and Enforcement Tracking Number 00007484 in any future
correspondence to MassDEP regarding the site.
Sincerely,
Stephen M. John on
Deputy Re iona� ctor
p� Y g
Bureau of Waste Site Cleanup
Attachment: Notice of Noncompliance
Cc(electronic) : Board of Health, Salem(healthksalem.com)
James Decoulos, LSP-of-Record (jamesj(kdecoulos.com)
Data Entry: DPS/ACTAUD; AUDCOM/NAFNON; DPS/TERMIN
Certified Mail: 7014 1820 0001 3560 5892
7014 1820 0001 3560 5892
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Salem,50 Broadway,RTN 3-0002310 Page 3
Attachment A
NOTICE OF NONCOMPLIANCE
NAME OF ENTITY IN NONCOMPLIANCE:
50 Broadway Condominium Trust,James Weener,Trustee
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
50 Broadway, Salem, Massachusetts
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
September 4, 1996,the date MassDEP received the Downgradient Property Status(DPS) Opinion
DESCRIPTION OF REQUIREMENTS NOT COMPLIED WITH:
Violation: 310 CMR 40.0183(4) (Class II). Filing a DPS without investigative and/or assessment actions
of sufficient scope and level of effort to conclude that the criteria in 310 CMR 40.0183(2)(b) have been
met.
Pursuant to 310 CMR 40.0183(4), "A Downgradient Property Status Opinion shall be based on investigative
and assessment actions of sufficient scope and level of effort to conclude-that the criteria in 310 CMR
40.0183(2)(b)have been met", specifically,that"the source of the release of oil and/or hazardous material at the
downgradient or downstream property is or was located on one or more upgradient or upstream locations, and,
oil and/or hazardous material from that location(s)has come to be located at the downgradient or downstream
property as a result of migration of the oil and/or hazardous material in or on groundwater or,surface water...".
A DPS cannot be supported for this site because:
• Chromium and trichloroethylene in surficial soils to the rear of the 50 Broadway building did not
migrate with groundwater from an upgradient location. Their presence in surficial soil represents an on-
site source at the rear of the building;
• Other potential on-site sources have not been investigated, including those associated with the treatment
of plating waste in the basement and subsequent discharge to the municipal sewer system; and
• Groundwater flow at the site has not been adequately characterized to support a conclusion that
trichloroethylene and chromium observed in groundwater at 50 Broadway migrated onto the property
from an upgradient source.
Because of this violation, the DPS shall terminate pursuant to 310 CMR 40.0186(1)(a), as of the date of
this Notice.
Salem,50 Broadway,RTN 3-0002310 Page 4
ACTIONS TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS:
In order to return the site to compliance,within 180 days of the date of this Notice,the following must be
submitted to MassDEP:
• A completed Tier Classification Submittal,pursuant to 310 CMR 40:0510, in order to conduct response
actions in accordance with the MCP. The Tier Classification Submittal shall be accompanied by a Phase
I Initial Site Investigation Report pursuant to 310 CMR 40.0480.
In addition, upon completion of the above, a Post-Audit Completion Statement in accordance with 310 CMR
40.1170 must be submitted to MassDEP.
If the required actions are not completed by the deadlines specified, an administrative penalty may be assessed for
every day after the date of this Notice that the noncompliance occurs or continues. MassDEP reserves its rights to
exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements,
including, but not limited to, criminal prosecution, civil action including court-imposed civil penalties, or
administrative action, including administrative penalties imposed by MassDEP.
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Salem,50 Broadway,RTN 3-0002310 Page 5
Attachment B
AUDIT MEMORANDUM
I. AUDIT ACTIVITIES
The audit included a review of the following documents:
• "Chapter 21 E Site Assessment, Salem Plating, 50 Broadway, Salem, Massachusetts (MA)", by D.L.
Maher Company and dated November 1986;
• "Site Investigation at 50 Broadway, Salem, MA", by CORE Environmental & Engineering Resources,
Inc. and dated December 27, 1988;
• Letter titled"Results of Well Installation and Sampling, 50 Broadway Street [sic], Salem, MA"by
CORE Environmental &Engineering Resources,Inc. and dated March 28, 1991; and
• "Downgradient Property Status Submittal for property.located at 50 Broadway, Salem, MA", by
Decoulos & Company and dated August 30, 1996.
II. SITE SUMMARY
Currently, and at the time of the DPS submittal, the building operated as an auto body shop. The Site property is
bounded to the north by a seafood wholesaler, to the east by Broadway,to the south by a commercial business,
and to the west by an auto salvage yard.
The Site property was historically used as a metal plating business (1946-1972 and 1974-1985). In 1986, after
closure of the metal plating business, an investigation by the D.L. Maher Company reported the following
regarding treatment of plating waste:
"There is a sump in the building which collects flowftomfloor drains-in the building. The flow into this
sump is pumped to the wastewater treatment system located in the building basement. All of the
wastewater from the plating process is directed to a treatment system in the building basement. This
system is used to treat the plating wastes for discharge to the municipal sewer system. "
Potential releases from this treatment practice,through cracks in the basement and/or leaks from discharge to
the sewer, were not investigated.
Reports submitted to MassDEP present contamination data that is associated with plating operations. The
CORE Environmental 1991 report states:
"The groundwater results show elevated levels of trichloroethene, 1,2-dichloroethene, and
tetrachl oroethene. These solvents are considered hazardous under the Massachusetts Contingency Plan
(the "MCP') and are commonly found in materials used for a metal plating business, the former
property use. "
Soil and groundwater samples contained chromium and Trichloroethylene (TCE). The highest levels of
chromium in soil were.found to the rear of the property. In 1986, a soil sample was obtained from the rear of the
building at a depth of six to eight inches. Analysis of the sample detected chromium(total) at 1,200 mg/kg. In
1988, a sample was obtained from soils at the top of a test pit located to the rear of the building and near where
MW-2 was subsequently installed. Metallic staining was observed in the top foot of the soil. The sample was
Salem,50 Broadway,RTN 3-0002310 Page 6
analyzed for total metals and contained 627.8 mg/kg of chromium. These concentrations are above the S 1 and
S2 reportable concentrations for chromium(100 mg/kg and 200 mg/kg, respectively). The soil sample also
contained TCE at 0.006 mg/kg,
Three groundwater monitoring wells were installed at 50 Broadway. Two groundwater monitoring wells, MW-1
and MW-3, were installed to the front and to either side of the building. One monitoring well, MW-2, was
located in the rear, southwestern portion, of the property. Depth to the groundwater in the front of the property,
based on measurements at MW-1 and MW-3, is approximately 17 to 18 feet bgs. Depth to groundwater to the
rear of the property,based on measurements at MW-2, is approximately 8.5 to 9.5 feet bgs.
The groundwater analytical data is presented in the table below. Chromium and TCE were co-located in two of
the three groundwater monitoring wells. The highest levels of TCE and chromium were co-located in MW-2.
Monitoring Well/Year TCE Chromium Screen Interval
sampled (pg/L) (pg/L) (feet)
MW-1
1986 283 10 7.5 -27.5
1988 664 NT "
MW-2
1988 6,474 59400 0— 10
MW-3
1991 19400 NT 9.6-19.6
The location of chromium in surficial soil represents an on-site release. The co-location of TCE and chromium
in groundwater at GW-2 further supports an on-site source.
Groundwater flow direction at the site was not adequately evaluated. Based on one round of groundwater
elevation measurements, the DPS concludes that groundwater flows to the northeast, towards Broadway. This
conclusion is associated with a high degree of uncertainty:
1. A three foot drop in groundwater elevation was measured between the southwestern,rear portion of the
property(i.e., monitoring well MW-2) and the east/northeastern, front portion(i.e., monitoring wells
MW-1 and MW-3). It is unlikely this steep drop in groundwater elevation would occur over a distance
of 85 feet;
2. The southwestern rear portion of the property is located on a downward slope that continues westward to
a waterbody and is topographically lower than the east/northeastern front portion of the property.
According to top of well casing measurements, MW-2 is five feet lower than MW-1 and MW-2.
III. DOWNGRADIENT PROPERTY STATUS
A DPS submittal was received by MassDEP on September 4, 1996. The submittal does not have a Summary or
Conclusion Section and does not clearly state that contamination at the site is the result of migration from an
upgradient location.
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Salem,50 Broadway,RTN 3-0002310 Page 7
IV. DETERMINATION
On the basis of the activities performed during the audit and in reliance upon the accuracy of that information,
MassDEP makes the Determination that violations of the MCP were found in the actions audited, as outlined in
Attachment A.