HomeMy WebLinkAboutNotice of Noncompliance - Correspondence - 1 MASSACHUSETTS AVENUE 3/31/2014 Commonwealth of Massachusetts ff 5-9-6 Wi--
Executive Office of Energy &Environmental Affairs
non2rtMent of Fn%t ental Protection
One Winter Street Boston, MA 02 108 617-292-5500
OEVAL L.PATRICK RICHARD K.SULLIVAN JR.
Governor Secretary
DAVID W.CASH
Commissioner
SUSANE O'BRIEN
PATOB REALTY TRUST
1-3 MASSACHUSETTS AVE
NORTH ANDOVER,MA 01845
Re: NOTICE OF NONCOMPLIANCE: NON-BO-14-U-092
Noncompliance with M.G.L. Chapter 210 and 527 CMR 9.00
At: MERRIMACK VALLEY OIL CO' MassDEP Facility ID#36918
3 MASSACHUSETTS AVE UST fl)# 19705
NORTH ANDOVER,MA 01845
Dear SUSANE O'BRIEN
Massachusetts Department of Environmental Protection(MassDEP)personnel have observed or
determined that as of the date of this letter the following activity occurred at MERRIMACK
VALLEY OIL CO, 3 MASSACHUSETTS AVE,NORTH ANDOVER in noncompliance with one
or more laws,regulations,orders,licenses,permits,or approvals enforced by MassDEP.
Enclosed please find a Notice of Noncompliance (NON),an important legal document describing
the activities that are in noncompliance. This Notice lists the violations and those actions that are
required to achieve compliance.
This MassDEP Notice is based on the observations and information reviewed by the date of this
Notice. This Notice does not: (1)apply to actions or other aspects of the facility that were not
reviewed, (2) preclude future inspections of past, current,or future actions at the facility, (3)in any
way constitute a release from any liability,obligation,action or penalty under M.G.L. c. 210, 527
CMR 9.00,310 CMR 80.01 —80.02, or any other law,regulation,or requirement, or(4) limit the
MassDEP's authority to take or arrange, or to require any facility to conduct, any action authorized
by M.G.L. c. 210 or 527 CMR 9.00 which MassDEP deems necessary to protect health,safety,
public welfare, or the environment.
If you have any questions regarding this matter,please contact Anna Stern of this office at 617-
292-5904 or via email at anna.stcm@state.ma.us.
Ibis information Is available in alternate format.Call Michelle Waters-5kanom,Diversity Director.at 617-292-576 1.TOO#1-866.639-7622 or 1-647-574-6868
MassDEP Website:www.masr,.gov/dep
Printed on Recycled Paper
MERRIMACK VALLEY OIL CO
Cover better:NON-130-I4-U-092
Page 2 of 2
For information on the MassDEP Underground Storage Tank Program,please consult our website
at http://www.mass.gov/eea/agencieslmassdepltoxicslustl.
Sincerely,
Date:
Geri Lambert
Acting Deputy Division Director
Business Compliance Division
Bureau of Waste Prevention
Enclosure
cc: Chief,NORTH ANDOVER Fire Department
Edward Pawlowski, C&.E Chief
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE.
FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD
RESULT IN SERIOUS LEGAL CONSE UENCES.
Based on the Massachusetts Department of Environmental Protection's (MassDEP)
investigation as of the date of this Notice of Noncompliance(Notice),noncompliance
occurred or was observed at MERRIMACK VALLEY OIL CO, 3 MASSACHUSETTS AVE,
NORTH ANDOVER, in violation of one or more laws, regulations, orders, licenses,permits
or approvals enforced by MassDEP.
This Notice describes (1)the requirement violated, (2)the date and place on which MassDEP
asserts the requirement was violated,(3)the-specific actions which must be taken in order to
return to compliance,and(4)the deadline for taking such actions.
If the required actions are not completed by the deadlines specified below,MassDEP mat assess
an administrative penalty to the Owner/Operator for every day after the date of receipt 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.
NAME OF ENTITY IN NONCOMPLIANCE:
MERRIMACK VALLEY OIL CO
MassDEP Facility ID#36918
UST ID#19705
LOCATIONS WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
3 MASSACHUSETTS AVE,
NORTH ANDOVER,MA
DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
8/6/2013
DESCRIPTION OF NONCOMPLIANCE:
The MassDEP's investigation shows that the Owner/Operator violated the following
requirement(s):
The Owner/Operator failed to have the underground storage tanks(s) and related
piping located at MERRIMACK VALLEY OIL CO, 3 MASSACHUSETTS AVE,
NORTH ANDOVER,MA inspected by a Third-Party Inspector.within three (3)years
of the underground storage tank(s)' previous Third-Parry Inspection, in violation. of
S27 CMR 9.07(P)(1), which states:
MERRIMACK VALLEY OIL CO
NON-BO-14-U-092
Wage 2 of 2
owner/operator of every underground storage tank shall at his/her own expense cause
said tank(s) and related piping to be inspected by a third-party inspector, as defined in
527 CMR 9.02."
Specifically,the Owner/Operator failed to have a Third-Party Inspection of the underground
storage tank(s)conducted to MassDEP before [DATE OF NONCOMPLIANCE].
ACTION(S)TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS}:
The Owner/Operator shall take the necessary steps to correct the violations within the specified
deadlines as noted and shall return to compliance with the requirements described below.
MassDEP's regulations at 310 CMR 5.09 presume that you receive this Notice of
Noncompliance,if delivered by regular mail,no later than three business days after the
postmarked date on the envelope used to mail it to you. If this Notice of Noncompliance is
delivered by certified mail, 310 CMR 5.09 describes when the notice shall be deemed to be
received.
1. Within thirty(30) days from the date of receipt of this Notice,the Owner/Operator
shall have the underground storage tank(s) and related piping located at
MERRIMACK VALLEY OIL CO, 3 MASSACHUSETTS AVE,NORTH ANDOVER
inspected by a MassDEP approved Third-Parry Inspector, in compliance with 527
CMR 9.07(P)(1).
2. Pursuant to M.G.L. c. 210, §6;which states in pertinent part:
[f]or any purposes set forth in this chapter...any owner or operator of an
underground storage tank shall upon request of the department...f u-nish
information relating to such tanks,their associated equipment and their
contents...
Within forty five(45) days from the date of receipt of this Notice, submit to MassDEP
a copy of the fully completed Third-Parry Inspection Report(form FP-289)documenting
that a Third-Party Inspection was performed on the underground storage tank(s)and
related piping located at MERRIMACK VALLEY OIL CO,3 MASSACHUSETTS
AVE,NORTH ANDOVER,MA in accordance with 310 CMR 9.07(P)(1).
The copy of the fully completed Third-Party Inspection Report shall be submitted to MassDEP
either by email to dep.ust @massmail.state.ma.us, or by mail to:
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention-UST Program
P.O. Box 120-0165
Boston,MA 02112-0165
Date
Geri Lambert
Acting Deputy Division Director
Business Compliance Division