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Home My WebLink AboutDEQE - 5/21/1987S. Russell Sylva Commissioner Gilbert T. Joly Regional Environmental Engineer r� I �rr r /rr J111111" All dill All W IF W �_a/vex,& X,0,4z/ oZcr� 4&aeaducaetC OeYi 7 &4 680- eX4 Hathaway & Patterson Co.,, Inc. 15 County Street Post Office Box 177 Mansfield, Massachusetts 02048 ATTENTION: William E. Haynes May 21, 1987. RE: MANSFIELD--Hazardous Waste Site ID #MAD001060805 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. LURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Department personnel have observed that on March 10, 1987, activity occurred at 15 County Street, Mansfield, Massachusetts in noncompliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. The purpose of the inspection was to determine the status of your facility relative to compliance with the Massachusetts Hazardous Waste Regulations as contained in 310 CMR 30.000 and adopted under the provisions of Sections 4, 6 and 9 of Chapter 21C of the Massachusetts General Laws, as applicable. Attached hereto is a written description 2. the requirements violated, 3. the action and 4. the deadline for taking such action. of: 1. each activity referred to above, the Department now wants you to take, If you fail to take any action the Department now wants you to take by the prescribed deadline, or if you otherwise fail to remain in compliance in the future with requirements applicable to you, you could be subject to legal action, including but not limited to, criminal prosecution, court -imposed civil penalties, or civil administrative penalties assessed by the Department. A civil administrative penalty may be assessed for every day from now on that you are in noncompliance with the requirements referred to above. Very truly yours, N.i _ 6,' Chris opher vicien, P.., Chief Solid and Hazardous Waste Sections T/SS/cb -2- Attachment CERTIFIED MAIL NO. P685944386 RETURN RECEIPT REQUESTED cc: DHW ATTN: Frances Jordan Nancy Thornton Board of Health Mansfield, Mass. 02048 NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY NAME OF ENTITY IN NONCOMPLIANCE: Hathaway & Patterson Co., Inc. LOCATION WHERE NONCOMPLIANCE WAS OBSERVED: 15 County Street, Mansfield, Massachusetts DATE WHEN NONCOMPLIANCE WAS OBSERVED: March 10, 1987 DESCRIPTION OF NONCOMPLIANCE, REQUIREMENTS NOT COMPLIED WITH ACTION TO BE TAKEN AND Your company is listed as a Small Quantity Generator (SQG) of hazardous waste, i.e., one who does not generate in a calendar month, nor accumulate at any one time, greater than 1000 kg of hazardous waste. (Reference 310 CMR 30.351(1)) Review of your manifests, however, revealsthat you are in violation of your SQG status in that you have been accumulating greater than 1000 kg of hazardous waste prior to shipping it off -site and storing said waste on -site for a period greater than the 180 days allowable for an SQG. (Reference 310 CMR 30.351(7)) Furthermore, you have requested that your status be changed to that of a Large Quantity Generator (LOG). Therefore, you are required to implement the following actions: Immediately submit a request, in writing, to Ms. Anne Crawley, Department of Environmental Quality Engineering, Division of Hazardous Waste, One Winter Street, Boston, Massachusetts 02108, Telephone 292-5880, asking that your status be changed from an SQG to an LQG. Inform her also that said change has been approved by the Southeast Regional Office and submit a copy of said request to this office within fifteen (15) days from receipt of this Notice. b. Within fifteen (15) days from receipt of this Notice you must contract with a licensed Massachusetts hazardous waste transporter to manifest, off -site, all hazardous waste which you are presently accumulating and storing. You must also provide documentation to this office which indicates compliance with this requirement. The Department is aware that difficulties exist in locating a licensed facility for disposal of your waste pentachlorophenol but that such options are being explored by your company. Therefore, within thirty (30) days from receipt of this Notice you are to submit to this office documentation indicating actions you have taken, to date, relative to this matter. Within thirty (30) days of receipt of this Notice you must submit to this Regional Office a Personnel Training Plan and Contingency Plan pursuant to the requirements for LQGs as contained in 310 CMR 30.516 and 30.520 - 30.524. -2- d. As an LQG you are required to submit an Annual Report to the Boston Office relative to the type and amount of hazardous waste generated at your facility during the calender year. This form is to be obtained from the Boston Office at the address listed above in item 1.a and submitted immediately with a copy to this Regional Office. 2. During the inspection it was observed that your processed lumber (i.e., wood treated with preservatives containing the listed hazardous constituents pentachlorophenol or arsenic chromium compounds) is stacked outside and allowed to dry on a cement pad which is not bermed and which is partially bounded by gravel and soil. Department personnel have determined that this cement pad, on which drippage of such preservatives was observed, is not designed or maintained in accordance with 310 CMR 30.687. Such a containment system is required by the Massachusetts General Laws, Chapter 21C, Section 5 which states, in part, that hazardous waste shall not be collected or disposed of in a manner which could endanger the environment or which is inconsistent with the provisions of the Massachusetts Hazardous Waste Regulations. Therefore, you are required to implement the following actions: a. Immediately clean any visibly contaminated area, collecting and managing any hazardous waste in accordance withthe Regulations. b. _Immediately construct a protected collection system, for this process, which provides secondary containment and which eliminates any possibility of run- off of the hazardous waste to the surrounding soil. Furthermore, based upon review of past assessment reports including those received in this office on March 17, 1987, and in view of recent inspection findings, the Department has reason to believe that hazardous materials have been released at your site during prior years of your company's operation and that there remains the threat of release of hazardous materials at the site. Therefore, pursuant to the Massachusetts General Laws, Chapter 21E, Sections 4 and 5, the Department requires that you, as a responsible party, arrange for a complete site assessment including a hydrogeological investigation, to determine the extent and nature of any potential soil, surface water and ground water contamination. In initiating this action you must adhere to the attached guidelines relative to consultant requirements and site investigation procedures. The consultant with whom you contract must be knowledgeable in the area of hydrogeological investigations and uncontrolled hazardous waste site assessment and abatement. Said site investigation guidelines address a 4 phase procedure which includes problem definition, problem evaluation, development of alternatives, remedial actions and recommendations and implementation. Furthermore, within forty-five (45) days from receipt of this Notice the consultant must submit to this Regional Office a scope of the work to be conducted, including a detailed plan of the assessment procedures. -3- 3. During the inspection it was further observed that numerous containers of hazardous waste located within the two treatment tank buildings were not labelled, identifying the nature of and hazards associated with the waste, or marked with dates designating when accumulation in each container began. (Reference 310 CMR 30.340(1)(b)) These hazardous wastes included containers of filter bags, wood chips, and rags contaminated with pentachlorophenol and copper chromium arsenate, and oil contaminated speedy dry. In addition, these containers of hazardous waste were not covered. (Reference 310 CMR 30.685(1)) Therefore, you must immediately achieve and maintain compliance with these requirements by proper y la elling, dating and covering all containers of hazardous waste. 4. During the inspection company personnel indicated that you generate waste oil from vehicle maintenance but that said waste is transported off -site via an unlicensed transporter and without the use of manifests which is in violation of 310 CMR 30.253(1)(c). Therefore you must immediately begin managing, and continue to manage, your waste oil as a hazardous waestin accordance with the Regulations and manifest said waste off -site to a designated facility via a licensed Massachusetts hazardous waste transporter. Relative to this Notice of Noncompliance the Department requires a response, in . writing, within fifteen (15) days from receipt of this Notice, indicating actions taken in order to achieve and maintain compliance with the Regulations. Should you have any questions relative to hazardous waste management at your company, please contact Ms. Stephanie Syler of this office. DATE: / "/ BY: Christopher Tilden, .E., Chief Solid and Hazardous Waste Sections