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Home My WebLink AboutMonitoring Report Noncompliance - 2/4/2003MpNSfjF Town of Mansfield owN �Department of Public Works Memorandum TO: John D'Agostino-Town Manager FRO ee Azinheira-DPW Director DATE: February 4, 2003 SUBJECT: Solid Waste -East Street Route 106 Environmental Monitoring Report -Notice of Noncompliance I a� We received the above described and attached Notice of Noncompliance last week. Upon close review of our files and confirmation with CDM we found that we did miss some testing and reports. A testing schedule has been put together for calendar year 2003 as detailed in the attached letter, which has been mailed to DEP. It is my understanding that this letter brings us back into compliance with DEP. A contract has been executed in the amount of $22,000.00 for CDM to perform the scheduled testing for calendar year 2003. The current contract will deplete the existing capital accounts for the East Street Landfill Post Closure monitoring. We are adding $12,000 in the FY 2004 budget for monitoring for the first six months of calendar year 2004 and henceforth will need to budget approximately $24,000.00 per fiscal year. The testing, which was unintentionally missed, actually saved the Town $11,000.00. If you have any further questions please call me. Cc: John Sullivan -Town Engineer �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PRO SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LWMVILLE, MA 02347 506-946-270Q MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary FERRY HEALEY LAU A. LISS Lieutenant Governor - Commissioner Mr. John Dagostino Town Manager Town Hall 50 West Street Mansfield, Massachusetts 02048 January 27, 2003 RE: MANSFIELD--Solid Waste East Street/Route 106 Environmental Monitoring Report NOTICE OF NONCOMPLIANCE NON-SE-03-4001 M.G.L. Ch.1I I §150A 310 CMR 19.000 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES The Department of Environmental Protection, Solid Waste Management Section (the "Department") has detemuned that the above facility is in noncompliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. Attached hereto is a written description of: (1) each activity of noncompliance; (2) the requirement(s) violated; (3) the action'the Department now wants you to take, and (4) the deadline for.coming into compliance with the requirement(s) violated. An administrative penalty may be assessed for every day from now on that you are in noncompliance with the requirements set forth in this Notice of Noncompliance (NON). Notwithstanding this NON, the Department reserves the right 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 penalties assessed by the Department. This information is available in alternate format. Call Aprel McCabe, ADA Coordinator at 1-617-556.1171. 7DD Service-1-500-29&2207. DEP on the World Wide Web: hhp:IMv .mass.gov/dep Za Printed on Recycled Paper - 0 Should there be any questions regarding this matter, please contact me at 08) 946-2833 or John McLaughlin at (508) 946-2729, or write to the Department at the letterheadaddress. David B. Ellis, Chief Solid Waste Management Section E/JM/rr Attachment: Notice of Noncompliance CERTIFIED MAIL # 7099 3220 0002 0276 8810 cc: Mansfield Town Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Mr. Scott Liete Mansfield Town Engineer Town Hall 50 West Street Mansfield, MA 02048 ATTN: Mr. John Sullivan Camp Dresser & McKee 10 Cambridge Center Cambridge, MA 02142 ATTN: Mr. Richard Spieler DEP — Boston ATTNi Mr. Janie Doucett NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY NON-SE-03-4001 Name of Entity in Noncompliance: Town of Mansfield Location Where Noncompliance Occurred or Was Observed: Mansfield Landfill Date When Noncompliance Occurred or Was Observed: Quarterly landfill gas data for second & third quarter of 2002 Semi-annual groundwater and surface water data for 2002 Description of Noncompliance and the Requirement(s) Not Complied With: The Department's records indicate that environmental monitoring data for the above referenced solid waste facility have not been submitted to the Department. Landfill gas data must be collected and reported quarterly. Groundwater and surface water monitoring data must be collected and reported semi-annually in accordance with the facility's approved post -closure monitoring plan (refer to attached plan). For certified closed landfills, environmental monitoring data must be summarized in biennial reports submitted during the 30-year post -closure period. All analytical results must be submitted to the Department within sixty (60) days after the scheduled sampling period. Failure to collect groundwater and surface water monitoring data is a violation of 310 CMR 19.132(1)(d) which requires: "The owner/operator shall conduct surface and groundwater monitoring on a schedule established in the permit or as required by the Department. At a minimum monitoring shall be performed semi-annually except as required pursuant to 310 CMR 19.132(1)(e). " Failure to report groundwater and surface water monitoring data is a violation of 310 CMR 19.132(1)(1) which requires.' "All analytical results shall be submitted to the Department within sixty (60) days after the scheduled sampling period specified in the permit. " Failure to collect landfill gas monitoring data is a violation of 310 CMR 19.132(4)(b) which requires: "The owner/operator shall conduct landfill gas monitoring on a schedule established in the permit or as required by the Department. At a minimum monitoring shall be performed quarterly. " Failure to report landfill gas monitoring data is a violation of 310 CMR 19.132(4)(d) which requires: "All analytical results shall be submitted to the Department within sixty (60) days after the scheduled samplingperiod specified in the permit." -2- Failure to submit biennial monitoring reports is a violation of 310 CMR 19.142(6) which requires: "The owner, successors, or assigns shall submit a report every two years except as otherwise required by the Department during the post -closure period describing any activity at the site and summarizing the results of environmental monitoring programs. " Actions to be Taken and the Deadline for Taking Such Actions: Within thirty (30) days of the date of this NON the Town shall submit to the Department the outstanding environmental monitoring reports listed above. Within thirty (30) days of the date of this NON the Town shall submit to the Department their schedule for environmental monitoring for groundwater, surface wa r, and landfill gas. Groundwater, surface water and landfill gas monitoring should be cond cted consistent with the attached Post -Closure Monitoring Plan approv4d by the Department on y� 8. Date: / z By: David B. Ellis, Chic Solid Waste Management Section MpNSF/F� o� Town of Mansfield 020 ¢ N Department of Public Works 0 a - (A Six Park Row 99rowri Mansfield, MA 02048 January 30, 2003 David B. Ellis, Chief Solid Waste Management Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville, Massachusetts 02347 RE: Mansfield -Solid Waste East Street/Route 106 Environmental Monitoring Reporting Compliance Schedule Dear Mr. Ellis: The Town has received your letter of January 27, 2003 and has developed the following schedule for 2003 to return to compliance with our Post Closure Monitoring Plan approved by the Department on July 1, 1998. Tasks Groundwater/Surface Water Monitoring 2003 Landfill Gas Monitoring Biennial Monitoring Report Scheduled Date February 3 and 4, 2003 and July February 3, 2003 April 2003 July 2003 October 2003 February 2003 The monitoring results from each sampling event will be submitted to the Department within sixty (60) days after each event. This schedule will bring the Town back into compliance with our approved plan. The Town has the safeguards in place prevent the lapse in sampling to occur in the future. We appreciate your understanding in this matter. Sincerely, Lee Azinheira Director of Public Works cc: Richard J. Spieler, CDM John D'Agostino, Town Manager