421 DEP Notice of Compliance 2001 COMMONWEALTH OF MASSACHUSETTS
1 I EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
.1111r1=-l11(( DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
JANE SWIFT BOB BUR
Governor
iecre
LAUREN A.:
Com nissi
November 6, 2001
United States Department of Veterans' Affairs Medical Center
421 North Main Street
Northampton,Massachusetts 01053
Re: Northampton.(Leeds)
421 North Main Street
Attn: Mr. David Lawson Threat of Release of Gasoline
RTN 1-14130
NON#: NON-WE-01-3147
NOTICE OF NONCOMPLIANCE
M.G.L. c. 21E,310 CMR 40.0000
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN
SERIOUS LEGAL CONSEQUENCES
Dear Mr. Lawson:
Department records indicate that response actions at the above-referenced site are not in compliance 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 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.
If you(as used in this letter,"you"refers to the United States Department of Veterans' Affairs Medical
Center)fail to come into compliance by the prescribed deadlines(s), or if you otherwise fail to comply in
the future with requirements applicable to you,you could be subject to legal action. Such action could
include 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
remain out of compliance with the requirements described in this Notice of Noncompliance.
This information is available in alternate formal by calling our ADA Coordinator at(617)574-6872.
436 Dwight Street•Spnngfierd,Massachusetts 01103•FAX(413)794-1149•TOO(413)746-6620•Telephone(413)764-1100
0 Printed on Recycled Paper
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Please contact John Bourcier of the Western Regional Office at 413-784-1100 ext.2112 if you have
any questions regarding this matter.
Sincerely,
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
DAS/ds/kml
/:14130non
Certified Mail #7001 1140 0003 4427 7665,Return Receipt Requested;
cc: Northampton:
Health Department
Mayor's Office
Fire Department
Maria Pinaud, BWSC//Boston
BWSC\WERO Enforcement File
Steve Ellis,WERO(2)
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NOTICE OF NONCOMPLIANCE SUMMARY
ENTITY IN NONCOMPLIANCE:
United States Department of Veterans' Affairs Medical Center
421 North Main Street
Northampton,Massachusetts 01053
LOCATION OF NONCOMPLIANCE:
421 North Main Street
Northampton,Massachusetts
DATE(S)OF NONCOMPLIANCE:
On or about,July 28,2001
DESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH:
The Department of Veterans'Affairs,Medical Center(hereafter,the"VA Medical Center")in Northampton
(Leeds) maintains a+/-500-gallon gasoline underground storage tank(UST) at the facility for the purpose
of fueling lawn maintenance and snow removal equipment. The UST is a double-wall fiberglass storage
tank. On July 23, 2001, the automatic tank inventory system alarmed, indicating a potential loss of product
from the UST. On July 24, 2001, Biermann Petroleum inspected the system, confirmed that the automatic
tank inventory system was working correctly, and determined that a leak may exist in the UST. On August
6,2001,Advanced Tank Testing Services of Florence,Massachusetts,performed a precision test of the UST
and confirmed that the inner wall of the UST was leaking at a rate greater than 0.1 gallons per hour.
Gasoline was found to be present in the interstitial space of the double-walled UST.
On September 26, 2001, the VA Medical Center provided notification to the Department of the threat of
release condition. The Department assigned Release Tracking Number 1-14130 to this notification, and
issued a Notice of Responsibility,dated October 2,2001,to the VA Medical Center.
DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE:
Pursuant to 310 CMR 40.0314(2), persons required to notify under 310 CMR 40.0331 shall notify the
Department as soon as possible but not more than 72 hours after obtaining knowledge of a threat release
to the environment from an underground storage tank as established by a tank test conducted in
conformance with the methodology prescribed for that test which indicates that there is a substantial
likelihood of a leak equal to or greater than 0.05 gallons per hour in the inner wall of a double-walled
tank.
DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE
Failure to notify the Department of a threat of release from an underground gasoline storage tank within
72 hours of obtaining knowledge of the tank test failure.
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DESCRIPTION AND DEADLINE(S)OF ACTION(S)TO BE TAKEN
On or before November 25,2001, submit to the Department a completed Release Notification Form.
On or before November 25,2001,submit to the Department an Immediate Response Action Plan or
Response Action Outcome Statement prepared by a Licensed Site Professional in accordance with 310
CMR 40.0000.
Department of Environmental Protection
DATE:November 6, 2001 By:
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup