297-305 BRIDGE STREET PSS + AUL 11-29-18 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
LlDepartment of Environmental Protection
Northeast Regional Office • 205B Lowell Street, Wilmington MA o1887 . 978-694-3200
Charles D. Baker Matthew A. Beaton
Governor Secretary
Karyn E. Polito NOV 2 9 2018 Martin Suuberg
Lieutenant Governor Commissioner
CERTIFIED MAIL
70141820 00013560 9005
City of Salem Re: SALEM — 3- 11726
Planning & Community Development 297 to 305 Bridge Street
98 Washington Street, 2nd Floor Permanent Solution Statement
Salem, MA 01970 Activity & Use Limitation
ENF #: 00006101
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 Notice of Activity & Use
Limitation (AUL) submitted for the above-referenced site on January 9, 2015 ,
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. gov/eea/agencies/massdep/cleanup/sites/technical-screenin -ag udit-
forns-checklists.html. This Notice informs you (as used in this notice, "you" refers to the City of
Salem) of the results of MassDEP' s audits.
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 a Notice of AUL. In particular, the inspection focused
on whether activities and uses were consistent with the terns and conditions of the AUL and
whether obligations and conditions required to maintain a condition of No Significant Risk were
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, 341726 2
being met. The AUL area is a public parking lot located in a mixed residential and commercial
section of Salem.
During the October 2, 2018 inspection, MassDEP observed a pay station kiosk on a concrete pad
located near the entrance of the parking lot. Following the inspection, MassDEP contacted Alan
Sullaway, Assistant Director of the Traffic and Parking Department for the City of Salem, to
determine if the pad was installed in accordance with the requirements of the AUL, if applicable.
The AUL was filed on December 17, 2014 with the Southern Essex District Registry of Deeds.
The AUL allows for construction activities provided that the excavation, movement, and
handling of soils below the geotextile liner at depths greater than 1 .5 feet are conducted in
accordance with a Soil Management Plan and a Health and Safety Plan, and requires that the
asphalt pavement be maintained such that the physical integrity is not compromised. Mr.
Sullaway was not sure of the exact date of the installation of the pad, however, he believed it was
installed around the time the MBTA began construction of their new garage in Salem.
According to information available online, garage construction began around August 2013 and
the garage opened in October 2014. So it is likely that the pad was installed at the parking lot
prior to the filing of the AUL. Further, even if the pad had been installed after the filing of the
AUL, it was only 4 inches in depth, based upon information obtained from Mr. Sullaway, and,
therefore, would not have triggered the need for a Soil Management Plan or Health and Safety
Plan. In addition, given that the asphalt pavement that was excavated for the pad installation was
replaced with concrete, the requirement to maintain the pavement would have been met.
Therefore, based upon this information, MassDEP did not identify any violations applicable to
the AUL. A copy of MassDEP ' s AUL Field Screening Form is attached.
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 8 1/2" sketch plan shall be attached as an
exhibit to the Notice of AUL, showing the location of the Notice of AUL in relation
to the boundaries of the disposal site.
Exhibit B of the Notice of AUL contains two survey plans, one for Parcels I and II, and
one for Parcel III. A sketch plan of the property, however, was not attached to the AUL
Salem, 341726 3
identifying the AUL boundaries, disposal site boundaries, and the location of the surfaces
to be maintained, specifically the asphalt pavement, concrete blocks, sidewalks, and
landscaped areas.
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) a certified registry copy of the following:
1 ) A Confirmatory AUL, pursuant to 310 CMR 40. 1085 , with an attached sketch plan that
clearly identifies the AUL boundaries, property 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.
Please be reminded that the AUL shall be incorporated either in full or by reference into all
future deeds, casements, mortgages, leases, licenses, occupancy agreements or any other
instrument of transfer. Within 30 days of such incorporating, a copy of the recorded or
registered instrument of transfer shall be submitted to MassDEP.
LICENSED SITE PROFESSIONAL
s
A copy of this letter has been sent to Prasanta K. Bhunia, LSP #2999, the LSP-of-Record for the
Disposal Site. Please note that you, not the LSP, are responsible for responding to this Notice
and correcting the violations identified therein.
LIMITATIONS & RESERVATION OF RIGHTS
Please note that the screening of the PSS and AUL conducted by MassDEP were not
comprehensive audits. It is possible that a future 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
Salem, 341726 4
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 Parry 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 341726 and Enforcement Tracking Number
ENF #: 00006101 in any future correspondence to MassDEP regarding the site.
erely
tal Analyst
a
avid LI;usata
Chief, Audit Section
Bureau of Waste Site Cleanup
Attachment: AUL Field Screening Form
cc : City of Salem, Mayor's Office (mayor salem.com)
City of Salem, Board of Health (healthy salem.corn
City of Salem, Planning and Community Development (tdaniel@salem.co
City of Salem, hrspectional Services is ierre e.salem.com)
Prasanta K. Bhunia, LSP-of-Record (bhunigp@wseinc.com)
NERO/Data Entry: AUDCOM/INTLET
AUL/SNAUDI
AUL/TSAUD (10/11/18)
MASSACUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION RELEASE TRACKING NUMBER
II
" 11726
Northeast Regional OfficeBureau of Waste Site Cleanup
AUL FIELD SCREENING FORM TowN: SA`EM
Site Name: Fmr, Universal Steel (Parking lot) Contact Person: Thomas Devine, Sr. Planner
Address: 297-305 Bridge Street I Phone: (978) 619-5682
AUL INFORMATION 6illed out by Screenin ice Stafp SITE INSPECTION gilled out by Field Staffi
Date AUL filed: Boundaries of AUL area(s) identifiable? Unclear
BK 33745 PG 313 Complete access to all AUL area(s)? See notes below*
12/17/2014 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
BARRIERS =pavement, orange gemextile liner and soils
beneath liner at 1.5' or more bgs *Limited access due to multiple parked vehicles
PERMITTED ACTIVITIES AND USES 1 OBSERVED ACTIVITIES AND USES
X IndustriaUCommercial X Parking lot X Landscaping*
X Underground utility and/or construction * *
AUL area is a paid parking lot operated by the City of Salem. A
*..provided BARRIERS not disturbed portion of this property, Parcel H1, is located on the other side
**. . .provided activities are done as per SAM, HASP and as of the chain linkfence on the back end of the AUL
perAUL "Obligations", including waste management
-Other activities & uses approved by an LSP
VIOLATION OBSERVED: No
INCONSISTENT/RESTRICTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X Residential X Agricultural X Institutional* X
RemovaUdisturban ce**
*. . .private orpublic schools; day cares
*. . .Activities or uses likely to involve the removal and/or
disturbance of soils beneath BARRIERS except for
underground utility and/or construction work (noted above) or
in accordance with an LSP Opinion
-Activities or uses likely to involve direct contact to soils
beneath BARRIERS VIOLATION OBSERVED: No
OBLIGATIONS AND CONDITIONS' OBSERVED CONDITIONS
X Soil Mgmt Plan (SMP) X Health and Safety Plan (IIA SP) MassDEP observed a pay station kiosk and street light that may
X Barriers and landscaped areas * X Inspections ** have been installed after the AUL implementation.
X Relocation ***
According to Mr. Devine: (a) inspections are performed 2x/yr
*Maintain barriers (pavement, concrete blocks, sidewalks, and and recorded in a dedicated AUL binder, and (b) no excavation
landscaped areas was performed far the street light post since this post was placed
* *. . ..annual inspection ofpavement, concrete blocks, between large concrete blocks, secured with an adhesive, and
sidewalks, and landscaped areas placed on top of the parking lot surface.
** * Soils beneath geoteedle liner must remain at depth and
cannot be relocated unless evaluated and approved by an LSP MassDEP contacted Alan Su/laway, Asst. Parking Director at
the City of Salem regarding the pay station kiosk. Seethe
November 2018 Notice of Audit Findings leaer for further
discussion.
AUL Sketch Attached to this form? No VIOLATION OBSERVED: No
AdditionalComments/Notes on Reverse Side: No Additional Comments/Notesn e Side: No
Completed by: Debra Hawks Date: 1012118
t The following is only a brief summary of most of the ALL conditions, consult the actual Activities and Use Limitation Notice for specific descriptions