HomeMy WebLinkAboutInspection - 1430 GREAT POND ROAD 1/15/1998 1
310 CMR 10.99 DEPFUeNo. 242- N/A
Form 9 _ Cr,be provided by DEP)
- City/To_ NORTH ANDOVER
Appiieant Simmons Environmental
commonwealth
of Massachusetts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. C. 1311 $40
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
From NORTH ANDOVER CONSERVATION COMMISSION (NACC) Issuing Authority
To
Simmons Environmental Services, Inc.
Date of Issuance 1/15/98
#1430 & #1420 Great Pond Road
Property lot/parcel number, address
Extent and type of activity: Remediation work as described in the approved
report dated 1/12/98 (reference #971210) prepared by Simmons Environmental
Services, Inc.
The NACC has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. c. 131, 540, and
the Regulations promulgated pursuant thereto, 310 CMR 10.00, because:
Said activity has been/is being conducted without a valid order of
Conditions.
said activity has been/is being conducted in violation of an order of
Conditions issued to , dated
File number 242-N/AF , Condition numbers)
Other (specify) Mitigation Approval
The NORTH ANDOVER CONSERVATION COMM. hereby orders the following:
❑ The property owner, his agents, permittees and all others shall
immediately cease and desist from further activity affecting the wetland
portion of this property.
Wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition.
Effective 11/10/89 9-1
Issued by NORTH ANDOVER CONSERVATION Commission
completed application forms and plans as required by the Act and
Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION
on or before April 24, 1998 @ 12:00 PM (date) ,
and no further work shall be performed until a public hearing has been held
and an order of conditions has been issued to regulate said work.
Application forms are available at: NACC Office, Town Hall Annex
The property owner shall take every reasonable step to prevent further
violations of the act.
�0 other (specify) Refer to the correspondence attached hereto
and made a part hereof.
r
Failure to comply with this order may constitute grounds for legal action,
Massachusetts General Laws chapter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished
by a fine of not more than twenty-five thousand dollars or by
imprisonment for not more than two years or both. Each day or
portion thereof of continuing violation shall constitute a separate
r
offense.
Questions regarding this Enforcement order should be directed to
Michael D. Howard X7
Issued by NORTH A111MOVER CO SERV , ON 0 SSION
Signature(s)
(Administrator)
• y
i
(signature of delivery person
or certified mail number)
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January 12, 1998 Environmental Services, Inc.
Reference #971210
Michael D. Howard, Conservation Administrator
Town of North Andover
Office of Community Development and Services
30 School Street
North Andover, Massachusetts 01845
Re: #2 Heating Oil Release at
1430 Great Pond Road,North Andover,Massachusetts
Dear Mr. Howard:
The following plan presents the remedial activities to be undertaken to address the release of 42
heating oil from the subject property to the wetlands resource area located on the abutting
property (1420 Great Pond Road). This Immediate Response Action ("IRA) Plan also addresses
the recommendations presented in your letter dated December 30, 1997. The intent of this plan
is to secure approval for the short term proposed work under an Emergency Certification from
the Commission.
Release Description
On Decernbar 10, 1997, a release of 1#2 fuel oil to the subsurface was detected and reported to the
Massachusetts Department of Environmental Protection (MDEP). An unknown quantity of#2
heating oil was released due to a leak in the subsurface copper line connecting two 275-gallon
aboveground heating oil tanks with the oil burner.
Wetland Impact Description
The wetland resource impact area consists of approximately 1,800 square feet of Bordering
Vegetated Wetlands (BVW). The wetland resource area appears to be a closed basin with an
outlet drain located on the property of 1420 Great Pond Road. The outlet drain appears to
function only during periods of high water table within the resource area. At present, it is
assumed that the resource area drains into the Lake Cochichewick drainage. The wetland to the
north and west of the impact area is characterized by tree, shrub, and herbaceous vegetation.
Groundwater break-out was observed at the rear of the house where water flows east to the lower
portion of the wetland resource area. The deposition of sand and sediments at this location
suggests it could be part of an old subsurface drainage system.
='1, i=,Im Street
Salisbury, NiA 0195'
TClephone 508-463-6669
42 Heating Oil Release at
�` ,•, 1430 Great Pond Road
North Andover, Massachusetts
.. Page 2
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The BVW to be impacted for remedial response actions is characterized by tree, shrub, and
herbaceous vegetation. The average tree dbb_.is 8" and includes red maple (Acer rubrum) and
American elm (U17nus americana). The shrub stratum is moderately dense and contains ash-
leaved maple (Acer negundo), high blueberry (Vaccinium corymbosum), silky dogwood (Corpus
amonzum), American elm, multiflora rose (Rosa multiflora), tartarian honeysuckle (Lonicera
tatarica) and common elder (Sambucus canadensis), Observations in the herbaceous layer were
limited due to the season, however, species observed included jewelweed (Impatients capensis),
sensitive fern (Onociea sensibilis), common dewberry (Rebus hispidus), and royal fern
(Osmunda regalis). The BVW contained several fallen trees in various stages of decomposition.
The soils in the BVW area are hydric and typically consist of 0-6" of silty loam followed by very
fine sand loam below. Groundwater was observed 12" below grade in the BVW impact area.
Excavation of contaminated debris within the BVW impact area will require the removal of
vegetation and soils from the wetland resource area.
Immediate Response Actions
On December 30, 1997, the MDEP orally approved IRA activities associated with mitigating
further impacts to the wetlands resource area including: installation of a temporary groundwater
recovery system to prevent further migration of oil; excavation and off-disposal of oil
contaminated soil within the impacted wetland resource area; and site assessment activities.
Remediation activities not associated with the wetland resource area will be addressed upon
completion of the following Immediate Response Actions in the wetland resource area. The
additional response measures will be addressed in a subsequent Notice of Intent Submittal.
Temporary Groundwater Recovery System
The temporary groundwater recovery system consists of utilizing the existing sump
pump to pump water from the sump to a holding tank for off-site disposal until such
time as the Conservation Commission will approve discharge to a stream as noted in
the attached plan or until that excavation of oil contaminated soil in the wetland
resource area is complete. Currently the sump pump is discharging groundwater to a
holding tank located in the driveway of the subject property. A licensed hazardous
waste hauler pumps out the tank on an as needed basis and transports the contaminated
groundwater to ENVIRONMENTAL COMPLIANCE CORP. in Stoughton, Massachusetts for
disposal. Upon completion of contaminant debris removal activities within the wetland
resource area the groundwater recovery system will be modified to entail treatment and
discharge of clean water to the wetland resource area in accordance with a National
Pollutant Discharge Elimination System (NPDES) temporary exclusion permit issued
by the U.S. Environmental Protection Agency to the property owner on January 5,
1998. Treatment will consist of two granular activated carbon units connected in
series. Influent and effluent conditions will be monitored in accordance with the
NPDES temporary exclusion permit. A copy of the NPDES temporary exclusion
permit is attached.
tt2 Heating Oil Release at
1430 Great Pond Road
North Andover, Massachusetts
Page 3
mmental Sm i(n.Inc
Excavation of Qil Contaminated Debris within the Wetland Resource Area
Restoration plan activities will include:l) erosion control measures; 2) construction of
a temporary access road; 3)excavation and stockpiling of oil contaminated soil; 4) off-
site disposal of oil contaminated soil; and 5) Site Restoration. Restoration plan
activities will be conducted under the supervision of a Licensed Site Professional
(LSP) and Wetlands Biologist to ensure remediation activities are conducted in
accordance with the Massachusetts Contingency Plan and the Massachusetts Wetland
Protection Act.
Erosion Control
Prior to construction activities, staked hay bales and siltation fence will be installed as
indicated on the attached site plan.
Temporary Access Road
Following installation of erosion control measures, a temporary access road will be
constructed beginning at the end of the existing driveway and extending around the
rear of the house to the western edge of the area of contamination. The loam and sod
will be removed and stockpiled in a location on the northwest side of the driveway or
temporary access road. (See Plan) .A base of stone and gravel will be placed in the
temporary access route to allow construction vehicles and excavation equipment to
maneuver minimizing additional disturbance. The temporary access road will be
approximately 10 feet in width.
Excavation and Stockpiling of Oil Contaminated Debris
Upon completion of the temporary access road and prior to excavation of oil
contaminated soils the restoration area will be cut, cleared, and grubbed with all
stumps, slash, and debris properly disposed.
Expected site conditions will require the contractor to dewater the impact area as it is
being excavated. Dewatering will originate from a temporary sump excavated in the
impact area. Initially, the sump will be located on the eastern edge of the impacted
area as shown on the attached site plan. If necessary, the sump will be relocated within
the impacted area as the excavation proceeds. A diaphragm or `trash' pump will pump
water from the excavation area and discharge to the storage tank located in the
driveway of 1430 Great Pond Road. The water generated from dewatering activities
will be stored in the tank for treatment and discharge in accordance with the NPDES
Exclusion Permit at a later date. If the storage capacity of the tank is exceeded, excess
water will be transported off-site for disposal by a licensed hazardous waste hauler
under a hazardous waste manifest.
Based on soil sampling activities conducted on January 6, 1998, the areal and vertical
extent of contamination is approximately 1,800 feet and 2 to 3 feet, respectively
(approximately 130-200 cubic yards). The actual volume of soil excavated may vary
based on field screening activities conducted throughout the excavation process. Field
screening activities will consist of soil sample collection and field screening for total
volatile organic compounds (TVOC) and total petroleum hydrocarbons (TPH). Upon
completion of excavation activities, approximately 20% of the field screening samples
#2 Heating Oil Release at
1430 Great Pond Road
North Andover,Massachusetts
T Page 4
mmcntaI sm s(o,Inc.
will be sent to a laboratory for volatile and extractable petroleum hydrocarbon (VPH
and EPH) and target semi-volatile organic compound analyses.
Excavation will begin at the eastern edge of the area indicated on the attached site plan
as the "approximate area of oil contamination". A track-mounted, Case 910, excavator
will be used to excavate oil contaminated material in the impact area. Soil removed by
the track-mounted excavator will be placed in the bucket of a backhoe and stockpiled
in the designated Staging Area. The designated area is located between the temporary
access road and the hay bales and siltation fence as shown in the attached site plan.
Stockpiling will begin on the northern portion of the staging area, furthest from the
wetland resource area. It is the intent to ship only contaminated debris without
stockpiling. However, if the debris contains free standing water, it will have to be
stockpiled temporarily to drain off the excess water before transport. Both disposal
facility requirements and state regulations prohibit transport of waste where water may
leak out. Oily contaminated soil may be temporarily be stockpiled on polyethylene
sheeting and enclosed with double staked haybales on the downgradient side of the
stockpile. Stockpiled oily debris will also be covered with polyethylene sheeting at the
end of each day and upon completion of removal activities. Oily debris will be
temporarily stockpiled on-site until it is sufficiently dry for transportation to the
disposal facility. If contaminated debris is sufficiently dry for transportation at the
time of excavation, contaminated debris will be loaded directly into trucks and
transported off-site for disposal/treatment the same day, minimizing or eliminating the
- " need for on-site stockpiling.
Once all the contaminated soil is removed from the impacted area, an adsorbent boom
will be installed across the potential discharge point to prevent any residual oil from
discharging into the adjacent resource area.
Off-site Soil Disposal/Treatment
Once the excavated material is sufficiently dry, the oil contaminated soil will be
transported to Environmental Soil Management, Inc. (ESMI) in Louden, New
Hampshire for thermal treatment and disposal. Contaminated debris will be
transported under a Bill of Lading prepared and signed by the Licensed Site
Professional (LSP) of record.
Site Restoration
In the early spring of 1998, the restoration will be backfilled with high quality topsoil
to original grades. Final grades will be verified by a qualified wetland scientist and
field adjusted as necessary to ensure pre-construction conditions. Once final grades are
approved by a wetland scientist, the restoration area will be encompassed with the silt
fence to prevent any sedimentation or erosion into the adjacent undisturbed wetland
I area.
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�w #2 Heating Oil Release at
-�t 1430 Great Pond Road
North Andover,Massachusetts
Page 5
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Planting Activities
Following approval of the final grades, the impacted wetland resource area will be
planted with wetland species chosen to replace the vegetation community impacted. It
is anticipated that additional wetland vegetation will colonize the area from seeds
blown in or carried from the adjacent resource area. Planting specifications are
outlined in Table 1.
P.lant.Species Planting Locatiiom and Density
red maple (Aces rubrum) Plant a total of 8 plants, 4 of each species, on 15
.American elm (Ulmus americana) foot centers throughout the restoration area.
Highbush blueberry(Vaccinium cornnbosum) Plant a total of 30 plants, 10 of each species, on 8
\� silky dogwood(Corpus amomum) foot centers between the tree plantings around the
common elder(Sambucus canadensis) perimeter of the restoration area.
Sensitive fern(Onoclea sensibilis) Plant a total of 35 specimens randomly throughout
royal fern (Osinunda regalis) the restoration area.
Swltchgrass (Panicum virgatum) Seed sown in a 1:1 mix at an application rate of 40
I� redto (Agrostis alba) lb. Per acre within the entire restoration area.
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Construction Sequence
1. Install erosion control
2. Designate stockpile areas
3. Construct temporary access road
4. Remove necessary vegetation and grub stumps
5. Excavate dewatering sump
n. Excavate oil contaminated debris
7. Collect soil samples from excavation area for field screening and
confirmatory laboratory analysis
8. Install oil adsorbent boom in excavation area to adsorb residual oil
9. Transport oil contaminated soil to treatment/disposal facility
10. Backfill restoration area with topsoil
11. Verify finished grades
12. Restore temporary access route
13. Plant replacement area according to specifications outlined in Table 1.
Monitoring and Status Reports
To ensure the restoration area is performing as required under the Massachusetts Wetland
Protection Regulations (MWPR), the restoration area will be monitored for a two year period.
The North Andover Conservation Commission (NACC) will be provided with a status report
prepared by a qualified wetland scientist at the end of each growing season.
#2 Heating Oil Release at
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'Ja�.�EO srgT�s
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
' yw REGION 1
o Q JOHN F. KENNEDY FEDERAL BUILDING
y� o= BOSTON, MASSACHUSETTS 02203-0001
PROI"""
January 5, 1998
Mel Marchese
1430 Great Pond Road
North Andover, MA 01845
Re : NPDES Permit Exclusion for the Cleanup of #2 Fuel Oil, Fuel
Line Leak at Residence, 1430 Great Pond Road, North Andover, MA.
DEP RTN: 3-15859
NPDES Permit Exclusion Reference #98-048
Dear Mr. Marchese:
Based on information provided by Ms . Susan Benoit, of Simmons
Environmental Services, Inc . , I grant you, pursuant to Title 40
of the Code of Federal Regulations, Part 122 .3 (d) , exclusion from
the requirement for a permit under the National Pollutant
Discharge Elimination System (NPDES) , in order that water may be
removed and treated allowing for the above-mentioned cleanup to
progress in a timely fashion.
Subject to other controls that may be established by the State of
Massachusetts and the Town of North Andover, you are authorized
to discharge up to 10 gallons of treated water per minute,
through a system consisting of two 200-pound activated carbon
adsorption units, into a drain leading to an unnamed wetland.
The discharge must be done in accordance with the following
provisions :
1 . No discharge of oil, sufficient to cause a sheen (as defined
in 40 CFR 110) , occurs to U. S . waters . The discharge of a
sheen of oil, or gasoline, constitutes an oil spill and must
be reported, immediately, to the National Response Center
(NRC) at (800) 424-8802 .
2 . Security provisions are maintained to assure that system
failure, vandalism, or other incident will be addressed in- a
timely fashion, preventing the loss of oil or contaminated
water to the storm water drainage system.
3 . Sampling and analysis, in accordance with EPA Methods, must
be performed for the following chemicals with the listed
limits being applicable :
Total Petroleum Hydrocarbons 5 ppm
Intemet Address(URL)• http://www.epa.gov
Recycled/Recyclable•Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 25%Postconsumer)
Benzene 5 ppb
- Toluene
Ethyl Benzene
Xylenes
The total for Benzene, Toluene, -----
Ethyl Benzene, and Xylenes (BTEX) 100 ppb
Laboratory samples must be obtained from the influent and
the treated effluent discharge . Samples shall be taken on
the first and fifth day then weekly for three weeks and
monthly thereafter for the duration of the discharge.
Analytical Reports, with quality control information, are to
be reported to the DEP Project Manager, and to this office,
by the 28th of the following month.
4 . You, or your representative, provide 24 hours notice of the
anticipated start-up of discharge, if start-up begins after
January 21, 1998 .
Because the purpose of this exclusion from the regulations is to
allow for the cleanup and discharge of ground water, this
exclusion will be in effect for three months from system start-
up. This exclusion may also be adjusted verbally if operational
conditions require (ie; equipment failure or weather) .
I any questio s should arise, please do not hesitate to contact
me at (617) 3-9. 2 .
Sin ely
Randy c
On-Sce Coordinator
Emerge cy Response Section
CC : J. Downing EPA-MA Permits
K. Keohane DEP-DWPC
Bureau of waste Site-Cleanup, MADEP Northeast Region
S . Benoit Simmons