State Hospital Dump Approval 2001 3EO PAUL CELLUCCI
'ernor
tIE SWIFT
atenant Governor
COMMONWEALTH OF MASSACHUSL' IiS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Division of Capital Asset Management
Commonwealth of Massachusetts
One Ashburton Place
Boston, MA 02108
FEB "-'7 2001
Attention: Mr. John O' Donnell, Deputy Director
Office of Construction Services
re: Approval
Application for: BWPSW25
CORRECTIVE ACTION DESIGN
at:
Northampton State Hospital-DSWM-Landfill
EOEA ID No. 001623 (SWM)
Northampton, MA
DSWM File #01-214-013
Transmittal Number: 11004282
Dear Mr. O' Donnell:
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
On September 5, 2000 the Massachusetts Department of Environmental
Protection (the Department) received a memorandum from the Division of
Capital Asset Management (DCAM) dated September 1, 2000 . Attached to
the memorandum were "Plans and Specifications for DCP991, DC1
Northampton State Hospital Disposal Area Cleanup." On January 22, 2001
the Department received an Application for a Corrective Action Design
(BWPSW25) for disposal sites at the Northampton State Hospital in
Northampton, Massachusetts. The Northampton State Hospital is managed
by DCAM.
The Application was submitted on behalf of DCAM and was prepared by
your consultant, Tighe & Bond. The Application included a transmittal
letter dated January 19, 2001, and a Department Transmittal Form
#11004282 . On January 25, 2001 the Department received an Application
Form. The plans and specifications bear the signature and seal of Dana
C. Huff Massachusetts Registered Professional Civil Engineer #34729.
The Application Form was signed by John M. O' Donnell.
This information is available in alternate format by calling our ADA Coordinator at(617)5746872.
436 Dwight Street•Springfield,Massachusetts 01103•FAX(413)704-1149•TOD(413)746-6620•Telephone(413)784-1100
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Northampton State Hospital
HOEA 001623(SWM)
Corrective Action Design
The application included the following information:
Page 2 of 6
1. Transmittal Form #11004282 and Permit Application for a Corrective
Action Design (BWP SW 25) .
2. Details on how waste and recyclable materials will be inspected and
tested for the potential presence of hazardous waste materials.
3 . Details on how the limits of waste will be determined including the
excavation of test pits to a depth of 4 feet below each area of waste
removal.
4. Details on how testing will be performed to determine that no
significant contamination or hazardous waste remains after the
cleanup. Soil samples are proposed to be collected for each waste
area. In addition, if anv leachate is detected, it will be sampled
and analyzed.
5. Materials excavated from the proposed wheel wash area will be
disposed of at a permitted landfill.
6 . Upon completion of the Corrective Actions a Certification Report
will be prepared and submitted to the Department that details the
corrective actions and certifies that the project was completed in
accordance with the Department's approval.
7. An Order of Conditions from the Northampton Conservation Commission
dated August 23, 2000.
On June 30, 2000, an Administrative Consent Order #ACO-BO-00-E010 (ACO)
was executed between the Department and DCAM. This ACO required, among
other things, that DCAM comply with the regulations at 310 CMR 19.150,
as it pertains to a dumping ground located at Northampton State
Hospital. As a consequence of this requirement, the Corrective Action
Design (CAD) was prepared and submitted to the Department for the
removal of the solid waste previously deposited on the site.
The CAD Application proposes the excavation and removal of solid waste
materials presently located in a dumping ground. The solid waste will be
transported to a permitted solid waste disposal facility for proper
disposal.
Upon the completion of the removal of the solid waste, test pits will be
excavated to confirm that all solid waste has been removed. Soil samples
will be collected from the remaining materials and analyzed. In
addition, leachate, if present, will be collected and analyzed.
Upon confirmation that the cleanup is complete the disturbed areas will
be backfilled and covered with a six-inch layer of vegetative support
soil, hydroseeded and a vegetative cover will be established.
Northampton State Hospital
EOEA 001623 (S W M)
Corrective Action Design
DEPARTMENT DETERMINATIONS
Page 3 of 6
This application complies with the application requirements pursuant to
310 CMR 19. 030 (4) [permits] and was reviewed in accordance with 310 CMR
19. 037, Review Procedure for Existing Facility Permits, Permit
Modifications, Permit Renewals, and other approvals. The application
described above establishes that the facility will comply with the ACO
upon satisfactory completion of the proposed work and will no longer be
considered an "Open Dump" or a "Dumping Ground" as defined in 310 CMR
19.014.
This document is a permit issued pursuant to Massachusetts General
Laws Chapter 111, Section 150A and 1501/2 and 310 CMR 19.000, subject
to the conditions set forth below. This permit does not convey
property rights of any sort or any exclusive privilege.
PERMIT CONDITIONS:
1. Prior to commencing any excavation, the applicant shall have
prepared and submitted to the Department a project specific Health
and Safety Plan.
2. At least 7 days prior to any excavation, the applicant shall notify
the Department of the proposed schedule for the cleanup.
3 . A qualified, independent Quality Assurance/Quality Control (QA/QC)
officer shall be present at the site at all times during the
excavation and loading of the solid waste materials.
4 . A laboratory QA/QC Plan shall be prepared and submitted to the
Department. The Plan shall, at a minimum, include but not be limited
to the recommendations included in the Department' s Landfill
Technical Guidance Manual (revised May, 1997) , in particular Appendix
C, Task 2 .5.
5. The proposed environmental monitoring shall be modified as follows:
a. Test pits shall be excavated at a maximum spacing of 50 feet and
at least one test pit shall be excavated for every 1000 square
feet of cleanup area.
b. Soil samples shall be obtained from the top one-foot layer of the
remaining underlying soils and not, as proposed, from the bottom
of test pits.
c. Soil samples of the remaining underlying soils shall be collected
on a grid of not more than a 50-foot spacing. A minimum of four
samples shall be analyzed. If more than four samples are
collected composite samples may be used for analysis.
d. In addition to the proposed analyses, two soil samples shall be
analyzed for volatile and semi-volatile organic compounds. The
two samples shall be collected at locations chosen in the field
to most likely represent the highest potential for contamination.
e. If during field screening and/or if visual evidence of
contamination is present, the Department shall be notified and
analyses for additional parameters may be required.
Northampton State Hospital
EOEA 001623 (S W M)
Corrective Action Design
Page 4 of 6
f. Leachate samples shall be collected at each leachate seep and
analyzed for the parameters listed in 310 CMR 19 .132 . If more
than two leachate seeps are located, composite samples may be
used for analysis, however a minimum of two composite samples
shall be analyzed.
g. At least one downgradient surface water sample shall be collected
and analyzed for the parameters listed in 310 CMR 19.132 .
h. If during the site cleanup, sediment deposits accumulate that
will remain on site, samples shall be taken and analyzed for the
same parameter as the soil samples.
6. Landfill gas monitoring will not be required at this time but may be
required at a later date.
7. The Department reserves the right to require additional work, testing
and/or design modifications and to rescind, suspend or modify this
permit by the imposition of additional conditions based upon
evaluation of a determination of actual or the threat of adverse
impacts from the cleanup.
8 . Personnel possessing Supervisor Asbestos Certification shall remain
at the facility to visually inspect all excavation of construction
and demolition materials and all demolition activities for the
presence of asbestos and/or asbestos containing materials unless the
demolition site has been previously inspected and all asbestos
containing materials have been identified, removed and properly
disposed of.
9. This permit does not authorize demolition of any structures. Prior to
the demolition of any structure, demolition notification shall be
submitted pursuant to 310 CMR 7.09 and the required asbestos
inspections, removal and certifications shall be performed.
10. Within 90 days of completion of cleanup of the site, a
construction completion report shall be submitted to the Department,
which shall include.
a. document the cleanup,
b. weight slips for all loads removed from the site which
clearly indicate the receiving disposal or recycling
facility,
c. a plan showing locations of all samples taken and test
pits,
d. copies of all test data and results of all analyses, and
e. signature and seal of a Massachusetts registered
professional engineer, as outlined in 310 CMR 19.011.
11. Compliance with any submissions required by this Permit will be
determined by the date of receipt or the post-marked date, whichever
is earlier.
Northampton State Hospital
EOEA 001623(SWM)
Corrective Action Design
RIGHT OF APPEAL
Page 5 of 6
Right to Appeal - Pursuant to 310 CMR 19.037 (5) , any person aggrieved
by the issuance of this permit, except as provided for under 310 CMR
19.037 (4) (b) , may file an appeal for judicial review of said decision
in accordance with the provisions of M.G.L. , c. 111, s. 150A and C.
30A not later than thirty [30] days following receipt of this
decision.
Notice of Appeal- Any aggrieved person intending to appeal the
decision to the superior court shall provide notice to the Department
of intention to commence such action. Said notice of intention shall
include the Department File Number (01-214-013) and shall identify
with particularity the issues and reason(s) why it is believed the
approval decision was not proper. Such notice shall be provided to the
Office of General Counsel of the Department and the Regional Director
for the regional office, which made the decision. The appropriate
addresses to which to send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street-Third floor
Boston, Massachusetts 02108
Michael S. Gorski, Regional Director
Department of Environmental Protection
Western Regional Office
436 Dwight Street
Springfield, Massachusetts 01103
No allegation shall be made in any judicial appeal of this decision
unless the matter complained of was raised at the appropriate point in
the administrative review procedures established in those regulations,
provided that matter may be raised upon a showing that it is material
and that it was not reasonably possible with due diligence to have
been raised during such procedures or that matter sought to be raised
is of critical importance to the public health or environmental impact
of the permitted activity.
This approval pertains only to the Solid Waste Management aspects of the
proposal and does not negate the responsibilities of the owners or
operators to comply with any other local, state or federal laws,
statutes and regulations or enforcement actions, including orders issued
by another agency now or in the future. Nor does this approval limit
the liability of owners or otherwise legally responsible parties from
any other applicable laws, statutes or regulations now or in the future.
The Department has determined that the filing of an Environmental
Notification Form ("ENr' ) with the Secretary of Environmental Affairs,
for solid waste management purposes, was not required prior to this
action by the Department. Notwithstanding this determination, the
Northampton State Hospital Page 6 of 6
EOEA 001623 (SWM)
Corrective Action Design
Massachusetts Environmental Policy Act and Regulation 301 CMR 11.00
Section 11.04 provide certain "Fail-Safe Provisions" which allow the
Secretary to require the filing of an ENF and/or Environmental Impact
Report at a later time
If you have any questions concerning this matter, please contact
Charles Clines of this office at (413) 755-2120 .
Sincerely,
oretta Oi
Section Chief
Division of Solid Waste Management
21413caa.011
LO/CAC/cac
cc: Board of Health, City of Northampton
Tighe & Bond, 53 Southampton Road, Westfield, MA 01085,
Attention: Dana Huff
Richard Larson, Clean States Coordinator, DEP/WERO
Paul Emond, DEP Boston