HomeMy WebLinkAboutMiscellaneous - 72 Elm Streetgi I
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DEV/L L PATRICK
Governor
TIMOTHY P. MURRAY
Liuutnnzasit GovLmor
Commonwealth of Massachusetts.
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office -,'20513 Lowell Street, Wilmington MA 01887.978.694-3200
RICHARD K SULLIVAN JR,
Secrotory
KENNETH L. KIMMELL
C�ritmiecioner
CERTIFIED MAIL
7011 2970 0003 1798 7741
Trinitarian Congregational C11111•ch
72 Elm :Street
North Andover, MA 01845-0000
FEB 19 7013
RE North Andover
72 Elia Street
RTN 3-29367
NON -NE -13-3C003
Attention: William W. Pickles, Chairman Board of Trustees
NOTICE OF NONCOMPLIANCE WITH 310 CMR 40.0000, THE MCP
THIS: IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr, Pickles:
Massachusetts Department of Enviroiunental Protection (MassDEP) records indicate that Trinitarian
Congregational Church (hereinafter referred to as "you or "yotu") is a Potentially Responsible Party
(PRP) for the release of oil and/or hazardous material that.was repotted to have.occurred at the site named
above. This Notice of Noncom pliance(NON) infornis you that you are not in compliance with tite
Massachusetts Contingency Plan (MCP), 310 CMR 40.0000: Au Administrative Penalty may be
assessed for every clay from now on that you remain in noncompliance. As of the date of this NON,
you are not in compliance with each regulation checked below for the subject release, identified by
Release Tracking Number (RTN) 3.29367.
0 Violation 1: You have failed to meet an Interim Deadline(s) established by MassDEP in accordance
with 310 CMR 40.0167.
❑ Violation 2: You have failed to submit a Release Notification Form (RNF), asis required by 310 CMR
40.0333 and 40.0336.
0 Violation 3: You have failed to submit an Immediate Response Action Plan (IRA Plan), as is regttir6d
by 310 CMR 40.0420.
0 Violation 4: You have failed to submit an Immediate Response Action Status Report, as is required by
310 CMR 40.0425(1). Note: If file IRA is complete, you mast subibit an IRA Completion Report — see
310 CMR 40.0427.
This information is available in alternate format. Call Michelle Waters,Ekanem, Diversity Director, at 617-292-5751, TOD# 1.866.539.7622 or 1-617-674.6868
MassDEP Website: vNnv.mass.jovldep
Printed on Recycled Paper
Attachment I contains an explanation of the regulations you are violating and the actions you must
take to return to compliance. To retur•rt to.compliance and avoid an Administrative Penalty which
could exceed $1,000 per day for- EACH violation, you should follow the instructions on Attachment
l and submit within 30 clays of your receipt of this KION; All information anti/or forms necessary to
comply with each violation clieciced.
Notwithstanding.this NON, MassDEP'reserves the right to exercise the fall extent of its, legal
authority to obtain frill. compliance with all applicable requirements, including brut not limited to, criminal
prosecution, civil action including coirrt=irnlrosed civil penalties, and administrative penalties issued :by
MassDEP. Attachment 2 contains more information about why this NON was issued to you. If you have
any questions, please contact John Zrrpkus at (978) 694-3387.
tj
JSteplen Johnson, Deputy Regional ireq or, Bureau of Waste Site Cleanup
Cc: Data Entry/File, (C&E/NON)
Cc via email:
Nortli Andover Board of Health, Ms. Susan Y. Sawyer (Director), ssawyeu'r ,toNvnofhortliandover.corn
Town of Noutli Andover, Mr, Andrew Maylor. (ToNvn Manager), towm►nanagg2( townofitortliandovencom
ATTACHMENT 1:
REGULATIONS YOU HAVE NOT COMPLIED WITH AND
WHAT YOU MUST DO TO RETURN TO COMPLIANCE
This attachment describes the regulations you have not complied with and explains what you must do to return to
compliance with 310 CMR 40.0000, the Massachusetts Contingency Platt (the MCP). Please consult the MCP for
the complete explanation of these requirements. The MCP may be viewed on out- web page at
httu //ww+v state nta.usldep/bwsc/reas.htm. Copies tnay be purchased through the State Book Store in the State
House (617-727-2834). The documents discussed below that niust be completed and submitted to the Massachusetts.
Department of Environmental Protection (MassDEP) are available by contacting your consultant; Licensed Site
Professional (LSP), MassDEP web site or the MassDEP Bureau of Waste Site Cleanup Northeast Region at 978-
694-3200.
Please note, Recent revisions to the AICP at 110 CMR 40.0502 establish a Tier ID (default) elisj)osat site categoly
for those sites where the RP, PRP or Other Person fails to Tier .Classify by the deadline for loss (icdt olt. Sites
classified as Tier 16 prior to Jime 2:7,. 2003 for failure to Tier Classify are now also designated Tier ID.
Violation 1: Failure to meet Interim Deadlitte(s)
If the box next to "Violation 1" is checked oil the attached NON, you have failed to meet one or more Interim
Deadline(s) established by MassDEP. To meet MassD P's requirements and avoid an administrative
penalty,; submit all the previously requested information and documentation to MassDEP, within 30 days of
,your receipt of the attached NON.
The following regulations describe this violation. Sections 40.0167 of the MCP states in pertinent part that:
(l) The Department may establish and enforce reasonable Interim Deadlines consistent with M.G.L. c. 21E and 310
CMR 40.0000 for the performance of response actions, xnd.the furnishing of .information and provision of access to
documents and other information to DEP, including, but not limited to, deadlines for compliance with Requests for
Information, applicable orders, permits and other requirements, and deadlines for the termination of settlennent
discussions.
(2) Any person who is required. to comply with an Interim Deadline tray, request; in writing, an extension thereof
prior tothe running of any such deadline.:Each such request shall state clearly and concisely the facts which are
grounds for the extension and the relief sought. The Department may modify an interim Deadline if it deems such
action appropriate. Any such modification shall be made in writing.
(3) The Department clay establish one more Interim Deadlines by 111cans of: (a) an approval of an application or
work schedule (b) the issuance of a permit, Request for Information, Notice of Responsibility or Notice of
Response Action; or (c) the issuance of all order pursuant to M.G.L. c. 21E; §§ 9 or 10. The Department may also
establish an Interim Deadline for the termination of settlement discussionby letter or other written correspondence.
(4) The Department's decision:to establish, modify orrefuse' to modify one or more Interim Deadlines in accordance
witli 310 CMR 40.0167 shall not be subject to M.G.L. c. 30A, orany other law, governing adjudicatory proceedings.
(5) If the person required to comply with an` Interim Deadline does trot make a timely application for an extension.
thereof in accordance with 310 CMR 40,0.167(2); the Interim Deadline shall be presumed to constitute a reasonable
Interim Deadline consistent with M.G.L. c. 211 and 310 CMR 40.0000. Such presumption may be rebutted by a
preponderance of tine evidence.
Violation 2: Missing Release Notification Form (11W
If the box next to "Violation 2" is checked on theattaclted NON, MassDEP has not received your RNF forst.
To itueet MassDEi"s requirements and avoid an administrative penalty, submit auRNF to MassDEP within
30 days of your receipt of the attached NON.
The following regulations describe. this violation. Sections 40.0333 and 40.0336 of the MCP state in pertinent part
that a completed RNI:, or, if appropriate, a Response Action Outcome (RAO):shall be submitted to the MassDEP
office in the region in which a release of oil and/or Hazardous material occu
nates: rred by the earliest of the following
1. within sixty (60) days of your notifying MassDEP of the release condition, or
2. within sixty (60) clays of your receipt of a Notice of Responsibility (NOR) front MassDEP.
Violation: 3: Missing Immediate Response Action Plan (IRA Plan
If the box next to "Violation 3" is cl►eched on the attached NON, MassDRP has not received your IRA_Plan..
To meet MassDEP's requirements and avoid an administrative penalty, submit ail IRA flan, IRA
Completion Stntentent [31,0 CMR 40:04271 or RAO to MassDEP within 30 days ofyour receipt of the.
attached.NON.
The following regulation describes this violation. Section 310 CMR 40.0420 states in pertinent pant that, persons
conducting -IRAs shall submit to MassDEP and IRA Plau within the earliest of the following time periods:
(a) within 60 days of providing oral notification of those "2 hour" and "72 hour" releases or threats of.release
specified in 310 CMR 40.0311 and 40.03 14,
(b) within 60 days of orally conte tuticating to MassDEP knowledge of a condition of Substantial Release
Migration at a disposal site;
(c) within 60 days of the date'the MassDEP issues a Notice of Responsibility indicating that such persons are a
Responsible Party (RP) or Potentially Responsible Party (PRP) for a site at which all IRA is, required; or
(d) within.4 time period established by MassDEP as an htterim Deadline in accordance With 310 CMR 40.0.167.
Violation 4: Missing Immediate.Resimise Action Status Report(s)
If the box next to "Violation 4" is cliecked on (tie attached NON, MassDEP;has not received one or more IRA
Status Reports from you. To meet MassDEP's requirements and avoiil an adn inistrative p:entilty, subniitall
missing IRA, Status Reports or an IRA Completion Statement 1310 CMR 40.04271 or RAO to MmsDEP
within 30 clays of your receipt of the attached NON.
The following regulation describes this violation. Section 310 CMR 40.0425(1) states that ani IRA Status Report
must be submitted to MassDEP within 120- calendar days of the date a PRP first
communicates the need to perform
an IRA at a site, sinless an IRA Completion Report or an RAO is received by MassDEP from such personwithin this
120 day period. Followingsubmission of the first such Statics. Report; additional Status Reports shall tie submitted
to MassDEP every six montlis thereafter, until such tinie as an IRA Completion Statement or RAO is submitted to
DEP.
Requirement to Submit an iRA Completion Report
Please note: if Immediate Response Actions have been completed, you must submit an IRA Completion Report to
MassDEP within 60 days of the date you completed all assessment, containment and/or removal actions conducted
aspail of the hnnwdinte Response Action. See.3l0 CMR 40.0427.
ATTACHMENT 2:
FREQUENTLY ASKED ()TlrsTlpNS REGARDING THIS
NOTICE OF Np1VCOMPI,IANCE
This attachment explains why this Notice of Noncompliance (NON) has .been issued to you.. MessDEP all a
percentage of response action submittals to make sure that cleanups are scientific and eclmically sound and that
they have ;been dobe in compliance with the MGL c.21E And the Massachusetts Contingency Plan (the "MCP", 310
CMR 40:0000). We also track the progress of all cleanups by checking to see if you are sending information about
your cleanup to MassDEP ori time. As of the slate. of this Notice ofNoncoImpli(ihce, MassDLP has jrot receii�ed some
important MCP submiltals fi•om),ou. Please read the following.questiotis and answers carefully.They will help
explain what you must do to return to compliance with the MCP;
Please refer to Attachment 1 for a more .detailed explanation of the.regulations cited in the attaclied.NON ', Consult
MGL c. 21E and the MCP for a complete explanation of your liability and responsibility fbr the noncompliance
cited in the NON. The MCP may be viewed on our web page at http://ww%v state ►na us/dep/bwsc/tees litiii.. Copies
may be purchased through the State Book Store in the State House (617.727-2834)• The documents discussed
below that must be completed and submitted to MassDEP are available by contacting your consultant, Licensed Site
Professional (LSP) or the MassDEP web site.
Whv are the MCPsubmittal deadlines iinnot taut? The MCP includes deadlines by which YOU must complete
response actions and submit information about those response actions to MassDEP. For exauzple, if we do .not
receive a Response Action, Outcome Statement (RAO) by the one-year anniversary date of the ielease, we;asstinie.
that the environmental cleanup has not been completed. For work to contilme after the One-year anniversary date of
the release, the MCP requires that.you submit a Tier I or Tier Il Classification to MaSSDEP. If MassDEP does
receive.a Tier Classification by the one-year anniversary elate of the release; we assinne that you are not .not
implementing any cleanup at all any more. Tile point is, without your cooperation in obtaining the cleanup
information, MassDEP does not know Whether serious environmental problems are being addressed. If work is not
being performed, MassDEP must:take action to ensure it happens. if you stye conducting resiaonse actions or yotr
have finished the cleanup but you have neglected to forward the documentation requIired by.the MCP to MassDEP,
we need you to send in tileatiissing information, le is in your best interest to conduct response actions ;properly and
Provide MassDEP with the submittals and information about your cleanup mentioned in this NON to avoid
administrative .penalties.
Wily Was Us -sued. this NON?
MassDEP's records indicate that you did not submit one or more of the documents listed in the attached NON on
time. This NON was issued to inform you of this fact and offer you an opportunity to collie back info coitipl ance by
submitting the missing information to MassDEP by (lie deadlines specified in the NON. You are listed in
MassDEP's records as the person who is responsible for cleaning up of the release cited in the attached NON. For
example, at the time you .or another party notified MassDEP that the release occurred) you either informed MassDEP
that you accepted responsibility for the cleanup or you were -sent a "Notice of Responsibility" (NOR) by MassDEP
informing you that Nye found that you were responsible for the release. Ili eitlier case, MassDEP has reason to
believe that you are an owner, operator, generator, transporter, disposer, or person who otherwise caused the release
or threat of release of oil and/or hazardous liaterials cited in the attached NON. This means that, under Section 5 of
M.G.L. Chapter 21 E, you.are a Potentially Responsible Par, (PRP) and you are liable for response action costs
associated with the.release. As a PRP, you are required to conduct and complete. certain response actions outlined in
the MCP to clean up the release of oil and/or hazardous, materials expeditiously.
What happens if I fail to comply with or respond to the NON?
You have 30 days fi`otn the date you receive the NON to comply. If you fail to com 1 ou will be assessed a
pY�y
penalty by MassDEP. Yourr total penalty exposure can be considerable. For example, penalties can be assessed for
each day you remain in noncompliance. Note that MassDEP is allowed by law to back calculate Baily penalties to
begin on the date you received the NON. You can be penalized several thousand dollars should you fail to
comply with or respond to the:NON by the 30.. day deadline. Please refer to the. Civil Administrative' Penalty
Statute, Chapter 21 A, Section 16and 310 CMR 5.00, the Civil Adininistrative.Penalty Regulations, for cornp.lete
details on the Administrative Penalty rules.
NOTE: if you are not in compliance with the MCP and you are the owner/operator of a.gasoline station where a
release occurred from a leaking underground storage tank, you may not be eligible for cleanup Rind reitnburseiilent
under M.G.L. c.21J, the Underground Storage Tank Petroleum Product Cleanup Find.
When the cleanito contractor finished the work in the field I thou0it my dealings with MassDEP wo-e
finished. What more do I have to do?
This is a common question; asked when a:NON is received. PM often think their dealings with MassDEP are over
when, for example, the field work is completed by a cleanup contractor. Examples of this type of field work include
cleaning tip a spill from a saddle tank lent: on a roadway orremoving contaiiiinate8 soil from a tank grave found
during.a tank replacement. The fieldwork may be complete, but you still must submit the MCP paperwork to
MassDEP to prove that the cleanup was undertaken ill compliance with the MCP.
What do I have to do to coninly with the NON?
First, all response. actions not directly managed by MassDEP staff must be overseen and directed by a "Licensed Site
Professional" or LSP. LSPs are licensed by the Commonwealth,_and their stanip and signature are required on all
but one .form (the Release Notification Form) you must submit to MassDER If yoti don't already have tlie.fornis
and information required. for you. to comply with this NON, contact the consultant and/or cleanup contractor who
worked on your cleanup. If you have not undertaken any cleanup work, contact a License(! Site Professional (LSP)
immediately. A list of LSPs may be obtained by calling (617) 556-1091 or viewing the list on the internet at
littp:/hwww.state.ma.us/Isp/I soliome.litiii.
You must submit a Release Notification Form (RNF) to MassDEP within 60 clays of notifying its of a release or
within 6.0 clays of receiving a Notice of Responsibility (NOR - the letter that notified you-thatMassDEP found you
to be a PRP). An LSP stat.iip acid signature are riot regtiired ori an RNF. Submit att.RNF if "Violation 2" is checked
on the attached NON.
All remaining submittals listed in the attached NON require ate LSP stamp and signature. -For example, when a
cleanup is completely finished, the MCP requires that you submit a document called a "Response Action Outcome"
(RAO) to MassDEP in which you attest that you have completed the cleanup in accordance iiith the MCP. If you
do not submit an RAO to DEP, the case remains open in DEP's files even if the field work is coniplefelyfinished. If
you received this NON and you think the field work is completely finished, call your cleanup contractor• and LSP to
find out how to have an RAO prepared and submitted to DEP:
If more envirotuimital studies or cleanup are heeded (for example, following the initial cleanup of a highway spilfor
soil contamination found during a tank replacement), you must submit forms describing your plans to continue the
work in a timely manner. Again, these forms must contain an LSPs stamp and sigriattn•e. Depending on the
circumstances, the possible submittals are an Immediate Response Action (IRA) Plan, IRA Status Report, IRA
Completion Statenient,:and/or a Tier Classification Submittal and. Tier I Permit Application. If you received this
.NON and it indicates that one of more of these submittals are missing, (see if "Violations :1, 3 andlor4" are checked
on the attaclied..NON), call your cleanup contractor and LSP to find out how to. return to compliance with the MCP.
You should also be aware that MassDEP does not become involved in or help mediate billing disputes with
insurance companies, cleanup contractors,, or LSPs. A common response to a NON is that ate insurance company is
slow on paying cleanup bills or will not cover various cleanup costs. We also hear that cleanup finiis and LSPs will
not send in RAOs and other forms because their clients have not paid their bills. These matters must be resolved
privately by you. You ultimately must comply with the attached NON or be subject to significant penalties from
MassDEP..
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