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HomeMy WebLinkAboutChauncy Street #440 - 10/20/2004Oct.22. 2004 7:0AM Na.1250 P. 2 l�/ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL,A.FFATRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 MI�f l' ROMNEY ELLEN ROY HrRZ T1.J.)BP. Governor Secretary FERRY 7HEALEY ROBERT W. GOLLET)GO, Jr. Lieutenant Governor Commissioner David Luongo Bay State a+nvelope 440 Chati tey'Street' Mansfield, Massachusetts 02048 October 20, 2004 RE;: MANSPil LD—DWI) Noncompliance with ERP Printer Requirements 310 CMR 70.00 310 CMR 7.00 310 CMR: 30,.00 FRP —Printer Hazardous Waste Status: Non-Notifier FMF Facility #: 312001 Enforcement Document No. NON-SE-04-9041-2H RE: NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE- FAIILURF, TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULb RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr. Luongo: Department personnel, on September 23, 2004, conducted an PRP-Printer compliance inspection at your facility located at 440 Chnney Street, Mansfield, Massachusetts, and observed activities in noncompliance with one or more laws, regulations orders, licenses, permits, or approvals enforced by the Department. Specifically, Depattmodit personnel observed activities in noncompliance with the Massachusetts Environmental Results Program Certification Regulations and Air Pollution Control Regulations. This intormalion is uvaiiuyle in vuamvse formnt. Call Donald Ml, Comae, AAA, CoordN9kr Id 617.5564057. 1'DD Service - I460-29a.22o7. DEP on The World Wide Web: httpJAvww.mass,goy/dep 00 Printed on Recycled Paper 00,22, 2004 7:43AM 11o,7250 P, 3 Attached is a written description of (1) each activity referred to above, (2) the requirements violated, (3) the action the Department now wants you to take, and (4) the deadline for taking such action. An administrative. penalty may be assessed for every day from now on that you are in noncompliance with the requirements described in this Notice of Noncompliance. Notwithstanding this Notice of Noncompliance, 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 litni.ted to, criminal prosecution, civil action including oomt-imposed civil penalties, or administrative penalties assessed by the Department. SOURCE REDUCTION OPPORTUNITICS Imago Resolutions may be able to reduce enviromuentally driven costs and possibly reduce the regulatory requirements and fees applied to your firm if you eliminate or reduce the use of toxic materials or other inputs, or the generation of wastes through decreased chemical use or increased process efficiency. As a result, you may save money and improve quality and productivity. Moreover, tracking annual usage of each toxic substance or other input, if you are not already doing so, may lead to identification of additional source reduction opportunities. For further information on source reduction of toxic and other waste you may contaot: Tire Office of Technical Assistance (617-721-3260) for free, CONFIDENTIAL technical assistance including on -site assessments, financial evaluations, the handbook "Tire Practical Guide to Toxics Use Reduction", and other resomees.. The Toxics Use Reduction Institute (508-934-3262) for courses for certified "Toxics Use Reduction Planners". DEP's Toxics Use Reduction Implementation Team (617-292-5870) for guidance material on the Toxics Use Reduction Act requirements. VoW truly yours, ,f / . DATE' 20 04- Gregg M, a ,Chief B'WP Compliance and Enforcement Section H/WC/cb Bay State Envel6peNON1015,doc CERTIFIED MAIL NO.7001 1940 0005 3102 8898 cc: DEP-SERO ATTNr. C. Natho Regional Enforcement Office (2 copies) ec: DEP-Boston ATTN: B. Sirull Mansfield Board of Health Oct,22. 2004 7:43AM No•7250 P- 4 NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUKMARy NON-SE-04-9041-211 NAME Or ENTITY IN NONCOMPLIANCE: .Bay Stato Envelope LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: Bay State Envelope 440 Chauncy Street Mansfield, Massachusetts 02048 BATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: September 23, 2004 DESCRIPTION OF NONCOMPLIANCE. REOU PEMENfS NOT COMPLIED WTIH ACTIONS TO BE TAKEN AND TEE DEADLINE FOR TAKING SIJCH ACTJON- Department personnel from the ]Bureau of Waste Prevention conducted an ERP-Printer oomplianee inspection of Bay State Envelope on the above date. The following violation was observed relative to Environmental Results Program Certification: A review of Bay State Envelope records revealed that Bay State Envelope did not properly determine their size category status as a widsi2e printer based on the additional solvent based inks used at the faeil ity. This constitutes a condition of noncompliance with 310 CMR 70.03(2) which states in part, "Each responsible official providing information required pursuant to 310 CMR 70.03(1)... that on my inquiry of those responsible for obtaining the information, the information contained in this submittal is to the best of my knowledge, true, accurate and complete".. Within thirty (30) days of receipt of this Notice, Bay State Envelope shall submit to the Department a completed Compliance Certification for Printers with the applicable questions for a midsize printer completed. The Printer Certification, Instructions, and Workbook are available at http:/Iwwrv.mass, ov/deplerp/erpforms.htm or you may obtain a Certification by calling Steve White at (617) 574-6888.. The following violation was observed relative to Hazardous Waste: 2. At the time of inspection, Bay State Envelope was generating film processing waste, which is a hazardous waste, and did not have a Hazardom Waste Generator Status. This constitutes a condition of noncompliance with 310 CMR 30.353(5)_ Within Lave (5) days of receipt of the Notice, the Department requires Bay State Envelope to register with the, Department by notifying the Department in writing using the form at http://www.mass.gov/dep/bwp/dhm/hwfornls.htm. The Department requires a written response wither fifteen (15) days of receipt of this Notice, addressing each of the items above and indicating the actions to be taken in order to achieve and maintain compliance with the Regulations,. 00, 22. 2004 7:43AM No,1250 P. 5 All correspondence should be addressed to: Department of Environmental Protection, Bureau of Waste Prevention, 20'Riverside Drive, Lakeville, MA 02347.. if you have any questions, please contact Marc Cohen at (617) 292-5873. DATE: c20 BY: �Ual— Gregg M. Hunt, Chief Compliance and Enforcement Section ,Nov, 6. 2004 11:28AM No.7364 P. 2 cr COMMONWEALTH OF MASSACHUSETTS EXECUTIVE Or, FsOF, OF ENVIRONME MrAL AFFAIRS _ D-uf PAWfMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAREVILLE, MA 02347 508-946-2700 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary H.!,RRY IfEALE•Y ROBEWL' W.. GOLLEDOE, Jr. Lieutenant Owernor i'Almmieaipner Eric Skogseth, Operations Manager Bay State Exivelope, 440 Chaumcy Street Mansfield, Massachusetts 02048 Dear. Mr. Skogseti: November 2, 2004 RF:. MANSFILID--BWP 310 CMR 70,00 310 CMR 30.00 310 CMR 7-00 Return to Compliance ERP-Printer Hazardous Waste Status: Non-Notifier F1yTi/ I++acility 11� #: 312001 Enforcement Document #i: NON-SE-04-9041-211 The Depaitinent of.Environmental Protection received your written response, dated October 27, 2004, relative to the Environmental Results Program Certification Regulations and Hazardous Waste Regulations that were cited in the Department's Notice of Noncompliance dated October 20, 2004.. Your written response indicates that the violations relative to the Massachusetts Environmental Results Program RegUatiom as contained in 310 CMR 70.00 and Hazardous Waste Regulations as contained in 310 CMR 30.00, have been corrected. This inrormaann is available lu altcmntc formnt. Cull bgnald ht. Comes, ADA Coonlinntur a1611.566-1057, TDD Service-1400-2@L2207. DEP On the Wodd Wide Web: htip://w .fneSS.OoV/dep Co Printed on RecyCled Paper 1. Nov. 6. 2004 11:28AM 14,1364 P. 3 2 Please he advised that it is the responsibility of your company to maintain cilrrent awareness of and be in compliance with the above -referenced environmental laws and regulations of the Commonwealth.. Should you have any questions, please contact the lmdersigned at 508-946-2878.. Very truly yours, Gregg M. Bunt, Chief' BWP Compliaaee & Enforcement Section CTMI-TT/ob BWPEnforccmcntfBay Statc Envelope RTC1101 doc cc: DEP-SERO ATTN: Carl Natho, BWP Regional Enforcement Office (2 copies) ect DEP-Boston ATTNc B.. Sirull Mansfield Board of Health