State Hospital Dump SIte Letters 1995-2003 William F.Weld
ay.•nv
Argeo Paul Callum!
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
November 17 , 1995
Commonwealth of Massachusetts
Department of Food & Agriculture
100 Cambridge Street
Boston, MA 02202
Attention: Barbara Hopson, Land Use Administrator
Trudy Coxe
semW
David B.Struhs
ccmn,mpn.,
RE: Northampton-DSWM-Former Dump
Draft Consent Order
Burts Pit Road
Former State Hospital Land
95-214-012
Dear Ms . Hopson:
Attached please find a copy of a Draft Administrative Consent Order
(ACO) proposed to be entered into by the Massachusetts Department
of Environmental Protection (the DEP) and the Massachusetts
Department of Food & Agriculture (DFA) concerning the assessment
and remediation of a former solid-waste dumping site, located on
property held by the DFA (under the Agricultural Preservation
Restriction, or APR program) off Burts Pit Road in Northampton.
As previously discussed with DFA personnel, the DEP will require
assessment and remediation of the site in accordance with the DEP' s
solid waste regulations 310 CMR 16. 00 & 19 . 000, and in accordance
with Executive Order #350, the "Clean States Initiative" .
The Department will require the completion of the following
sampling program to meet the conditions outlined in items #9A & #9C
of the Draft ACO for assessment of the site:
(1) test-pits shall be dug at a sufficient number of locations
to define the extent of solid waste;
(2) one composite soil sample from the test pits along the
northernmost ravine shall be obtained;
(3) discrete soil samples from at least three test pits along
the southernmost ravine area shall be obtained;
(4) the samples outlined above shall be analyzed for
ignitability, corrosivity, reactivity, total petroleum
hydrocarbons (TPH) , and volatile organic compounds (VOCs by
EPA Method 8260) ; and
(5) at least one composite sediment sample shall be obtained
from the leachate seep area and analyzed for the same
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
2
compounds, plus total RCRA 8 metals.
The Department suggests that, in the Request-for-Proposal (RFP) for
initial work at the site, the DFA should include:
(A) completion of the sampling plan described above and
(B) excavation of solid waste from the northern ravine at the
site.
Please contact Larry Hanson of this office at (413) 784-1100 ext .
287, to schedule a meeting for finalization of the ACO and
assessment/remedial requirements. Within 14 days of the date of
this letter the DFA shall notify the DEP in writing of your
intentions in regard to this matter.
Very tru l out /1
Mark A. Schl weis
Section Chief
Division of Solid Waste Management
MAS/LGH/lgh
hampdfa.cov
Jonathan Healy - Commissioner, DFA
Tara Zadeh, Esq. - DFA
Northampton Board of Health - Peter McErlain w/o attachment
Northampton Planning Dept . - Wayne Feiden w/o attachment
Margaret Van Deusen, Esq. - MA Attorney General ' s Office
Willa Kuh - DEP/Boston
Rick Larson - DEP/WERO
2
-Overpack drums will be available, if needed, should hazardous
wastes be encountered.
-A Health & Safety Plan will be completed before remedial work
begins, which will include measures to limit public access.
-All fill material, including solid waste and associated fill
(soils) will be excavated from the two ravines at the site,
where test-pitting identified the presence of solid waste.
-Petroleum contaminated soil in the area of Test-Pit TP-3 will
be excavated and stockpiled separately. This material will be
managed in accordance with the Department's Interim
Remediation Waste Management Policy for Petroleum Contaminated
Soils (#WSC-94-400) and transported under a bill-of-lading
(BOL) according to the provisions of 310 CMR 40.0000, the
Massachusetts Contingency Plan (the MCP) .
-Any fill containing debris material will be screened with a
3-inch screen (for example, a Read Screenz-A11) . Inert
materials, such as rocks and boiler slag will be backfilled in
the excavations; all remaining debris from the screening
operation will be disposed of as solid waste at the
Northampton Landfill.
-Remaining excavated soil will be stockpiled on-site, and two
composite soil samples will be obtained from the stockpiles.
These samples will be analyzed in the laboratory for Total
Petroleum Hydrocarbons (TPH) , RCRA 8 metals, and volatile
organic compounds (VOCs) .
-If soil sample results are less than the MCP S-1 soil
standards, the soil will be backfilled in the excavations.
-If soil sample results are greater than S-1 soil standards,
but less than the concentrations for reuse as landfill daily
cover as outlined in the Department's Policy #BWP-94-037, such
soil will be transported off-site for use as daily cover at
the Northampton Landfill.
-If soil sample results are greater than the daily cover reuse
limits outlined in Policy #BWP-94-037, such soil will be
disposed of at an alternative site (approved MA soil recycling
plant, etc. ) in accordance with Department guidelines and
facility permits.
-The excavations will be backfilled and graded to maximum
slopes of 3 to 1 (horizontal to vertical) . If needed, clean
soils will be used to achieve proper grades. Any disturbed
areas will be covered with topsoil and seeded.
CDM will prepare bid specifications for the work proposed above,
3
along with a detailed schedule of actions. The DFA anticipates
that the project will be competed by June 30, 1997.
DEPARTMENT DETERMINATIONS
Personnel of the Department have reviewed the proposed conceptual
remedial plan in accordance with 310 CMR 19.000 and the
Department's publication Landfill Assessment and Closure Guidance
Manual (LAC) , revised in September, 1993. The Department has
determined that the proposed remedial plan is acceptable, subject
to the conditions and requirements outlined below.
1. The Department must be notified at least three days in advance
of field work activities.
2. If any hazardous wastes are encountered, they shall be handled
and disposed properly, in accordance with the applicable
sections of 310 OMR 30.000 and 310 CMR 40.0000; only solid
wastes may be disposed of at the Northampton Landfill.
3 . If soil sample results are greater than the daily cover reuse
limits outlined in Policy #BWP-94-037, such soil shall be
properly disposed of at an alternative site other than the
Northampton Landfill (approved MA soil recycling plant, etc. )
in accordance with appropriate Department regulations,
guidelines and facility permits.
4. All soils stockpiled on-site shall be properly covered with
plastic sheeting, and any potential physical hazards at the
site (open holes, broken glass, etc. ) shall be eliminated or
properly addressed.
5. All remedial work shall be performed in accordance with other
local, state and federal statutes and regulations, including
requirements of the Northampton Conservation Commission.
6. All remedial activities shall be performed in accordance with
sound engineering practice.
7. A final remedial plan, in the form of the bid specifications
for the project, shall be submitted to the Department y
January 15, 1997, along with a completed Landfill Minor
Modification BWPSW22 application and DEP transmittal form
(forms attached) . The Health & Safety Plan shall be submitted
to the Department with the final remedial plan.
8 . As outlined in Executive Order #E0350 (The Clean State
Initiative) , the DFA shall report on steps taken to achieve
compliance at the site in its quarterly Clean Stae Program
reports.
4
9. Remedial work at the site shall begin by May 15. 1997. As
proposed, remedial work at the site shall be completed by June
30 1997.
10. Until remedial work at the site is completed, the DFA shall
submit monthly reports to the Department describing the status
of activites concerning the site, including the status of
funding source(s) for the project.
If you have any questions concerning this matter, please contact
Larry Hanson of this office at (413) 784-1100 ext. 287.
MAS/LGH/lgh
hampdfa.caa
Very trf{i �yo
Mark A. S eweis
Section Chief
Division of Solid Waste Management
cc: Barbara Hopson - Land Use Administrator, DFA
Northampton Board of Health - Peter McErlain
Rick Larson - DEP/WERO
Stephen Sakakeeny, CDM
commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
William F.Weld Trudy One
Oo.•mw Seuelary
Argeo Paul Gland David S. Sbuhs
u.carne, comma' ,
)
)
In the Matter of : )
Massachusetts Department
of Food & Agriculture Draft Administrative Consent Order
Number:
I . THE PARTIES
1 . The Department of Environmental Protection (hereinafter the
"DEP" ) maintains its principal offices at One Winter Street,
Boston, Massachusetts and also operates a regional office at 436
Dwight Street, Springfield, Massachusetts . The DEP' s authority
to issue this Administrative Consent Order is conferred by M.G.L.
chapter 111, section 150A and chapter 21, section 44 and chapter
30A, section 10 .
2 . The Massachusetts Department of Food & Agriculture
(hereinafter the "DFA" ) is an agency of the Commonwealth of
Massachusetts, with its principal offices located at 100
Cambridge Street, Boston, Massachusetts .
II . STATEMENT OF FACTS
1 . The Department is a duly constituted agency of the
Commonwealth of Massachusetts, established pursuant to M.G.L. c.
21A, § 7, and is responsible for the implementation and
enforcement of M.G.L. c . 111, § 150A and § 150A1/2 and the
regulations promulgated thereunder at 310 CMR 16 . 00 (Site
Assignment Regulations for Solid Waste Management Facilities) and
310 CMR 19 . 000 (Solid Waste Management Facility Regulations) .
The Department is also authorized to assess civil administrative
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
penalties pursuant to M.G.L. c. 21A, § 16 and the regulations
promulgated thereunder at 310 CMR 5. 00 .
2. Pursuant to Executive Order #350, the "Clean States
Program" , state agencies and authorities shall investigate and
correct environmental compliance matters at state properties, in
a timely fashion.
3 . The DFA has legislative care, custody and control of land
off Burts Pit Road in Northampton, MA, adjacent to the former
Northampton State Hospital, on which a former unpermitted solid
waste disposal site (hereinafter the "dumping site" ) is located.
4 . The City of Northampton is a co-holder of the Agricultural
Preservation Restriction for the land described above in item #3 .
5 . On October 31, 1993 , the DFA self-reported the presence of
the dumping site according to the Clean States Initiative.
6 . On April 22, 1995, an Earth Day cleanup was conducted and
approximately 30 cubic yards of solid waste and over 100 tires
were removed from the site and properly disposed.
7 . On March 30, August 31, & October 3 , 1995, Department
personnel inspected the site and confirmed the presence of
remaining solid waste at the site, along with visible iron-
stained leachate in a groundwater seep at the base of one of the
two ravines at the dumping site.
8 . On May 21, 1995, Camp-Dresser & Mckee (CDM) , a consultant
for the Massachusetts Division Of Capital Planning & Operations
(DCPO) , obtained a sample of water from the groundwater seep
described above in item #7 . Analysis of this water sample showed
exceedances of the appropriate groundwater and surface water
standards for Total Petroleum Hydrocarbons (TPH) and lead.
III . DEFINITIONS
The terms in this CONSENT ORDER shall have the same meaning as
provided in the regulations unless the context clearly indicates
otherwise.
IV. DISPOSITION AND ORDER
1. As a result of discussions which have taken place between
the DEP and the DFA (collectively "the parties") and without
adjudication of any fact or law set forth above, the parties have
agreed to negotiate this Administrative Consent Order
(hereinafter "CONSENT ORDER" ) , rather than expend the time and
2
resources necessary to adjudicate this matter, specifically the
procedure and schedule to investigate and remediate the dumping
site. This CONSENT ORDER represents the full and final agreement
between the parties concerning the investigation and remediation
of the dumping site. This CONSENT ORDER shall not constitute, be
construed as, or operate as an admission that the DFA has
violated any law or regulation and shall not constitute any
evidence or implication of any such violation.
2 . Nothing in this CONSENT ORDER shall be construed as or
operate as, barring, diminishing, adjudicating, or in any way
affecting any legal or equitable right of the DEP to issue any
future Order with respect to the subject matter covered by this
CONSENT ORDER, or in any way affecting any other claim, action,
suit, cause of action, or demand which the Dep may initiate.
3 . The DEP hereby determines, and the DFA hereby agrees, that
the deadlines set forth in this CONSENT ORDER constitute
reasonable times to perform the acts expressly agreed to in this
CONSENT ORDER and that the activities required pursuant to this
CONSENT ORDER otherwise meet the requirements of 310 CMR 19 . 000 .
4 . The activities conducted pursuant to this CONSENT ORDER are
subject to approval by the DEP and shall be performed in
accordance with Massachusetts General Laws Chapter 111, Section
150A, 310 CMR 19. 000, and all other applicable federal, state and
local laws. Any non-compliance with the requirements and
provisions of applicable federal, state and local laws,
regulations and approvals which delays the achievement of any
performance deadline set by this CONSENT ORDER shall constitute a
violation of this CONSENT ORDER except as set forth in Section V.
5 . All investigatory/remedial work performed pursuant to this
CONSENT ORDER shall be under the general direction and
supervision of a qualified (experienced in solid waste management
and design) , professional consultant. Any contractual
relationship between the DFA and the consultant subsequent to
this CONSENT ORDER shall require the consultant, as a condition
of the contract, to implement work consistent with the provisions
of this CONSENT ORDER. The DFA shall provide the Department with
a signed copy of any existing contractual agreements between the
DFA and the consultant within thirty (30) days of the effective
date of this CONSENT ORDER. And the DFA shall provide the
Department with a signed copy of any subsequent contractual
agreements between the DFA and the consultant or between the DFA
and any subsequent consultant within thirty (30) days of
execution.
6 . This CONSENT ORDER shall apply to and be binding upon the
DFA and its successors and assigns . No change in ownership of
the dumping site will alter in any way the responsibility of the
DFA under this CONSENT ORDER. The DFA agrees to provide a signed
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copy of this CONSENT ORDER to any successor or assign.
7. The DFA shall not violate this CONSENT ORDER and shall not
allow its successors, agents, or contractors to violate this
CONSENT ORDER.
8 . The DFA shall comply with the appropriate portions of the
landfill assessment process as set forth in 310 CMR 19. 150 and in
the DEP' s corresponding guidance manual, and shall complete any
investigatory and remedial work required by the DEP.
9 . The DFA shall undertake the assessment and remediation of
the dumping site according to the following schedule:
9A. By January 1, 1996 the DFA shall submit to the DEP a
detailed plan for assessment of the site . The
assessment plan shall include, at a minimum: sampling
and analysis of sediment/seepage water at the leachate
seep area; sufficient test-pitting/soil borings to
define the extent of solid waste present at the dumping
site; and sufficient sampling of solid waste/fill
material for assessment and/or disposal purposes.
9B. By February 1, 1996, the DFA shall install perimeter
fencing around the dumping site to inhibit access by
foot traffic .
9C. By February 15, 1996 the DFA shall complete the
fieldwork for the sampling program described above in
item #9A, including the completion of test-pits/soil
borings . A qualified consultant shall provide
oversight for the sampling program.
9D. By April 1, 1996 the DFA shall submit to the DEP the
results of analyses from the sampling program described
above in item #9A, along with a conceptual plan for
remediation of the dumping site.
9E. By May 15, 1996, the DFA shall submit to the DEP a
detailed plan for remediation of the dumping site. The
plan must include provisions for general oversight by a
qualified, professional consultant, appropriate Health
& Safety measures, and confirmatory sampling of seepage
water at the seep area.
9F. By December 1, 1996, the DFA shall complete remediation
of the dumping site as approved by the DEP, and shall
submit documentation of such to the DEP. Where separate
DEP approval letters require earlier deadlines for
investigatory/remedial actions, the DFA shall perform
such actions on the schedule (s) established by the DEP.
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10 . The DFA shall submit to the DEP a monthly report each month
following the signing of this order, by the fifteenth (15th) of
the following month, indicating the steps it has taken to comply
with the requirements of this CONSENT ORDER until investigation
and remediation of the dumping site is completed, and DEP
receives the documentation outlined in item #9F above. The DFA
shall conduct post-closure maintenance and monitoring in
accordance with the approved plan, if necessary.
11. The DEP and its agents and employees shall have the right to
enter upon the dumping site property, without notice, to monitor
the DFA' s compliance with this CONSENT ORDER and all applicable
environmental laws and regulations .
V. FORCE MAJEURE
1. If any event occurs which delays or will delay a performance
date established by this CONSENT ORDER, which event was beyond
the control and without the fault of the DFA and any entity it
controls, including its contractors and consultants, and which
event could not have been prevented or avoided by the exercise of
due care, foresight, or due diligence on the part of the DFA or
any entity it controls, including its contractors and
consultants, the DFA shall immediately, and in any event within
fifteen (15) days of such occurrence, notify the DEP in writing
of the anticipated length of the delay, the cause of the delay
and the steps or measures to be taken to prevent or minimize the
delay, including a timetable by which the DFA intends to
implement such steps or measures . Upon receiving the approval of
the DEP, the DFA shall implement such steps or measures as are
approved by the DEP to avoid or minimize any delay. Nothing in
this Paragraph shall excuse any noncompliance by the DFA with the
provisions of this CONSENT ORDER.
2 . If the DFA notifies the DEP of the occurrence of an event
which delays or will delay a performance date established by this
CONSENT ORDER, and if the DFA otherwise complies with the
requirements of Paragraph 1 of this Section, and if the DEP
determines that the delay has been or will be caused by
circumstances beyond the control and without the fault of the
DFA, or any entity it controls, including its contractors and
consultants, and can not or could not have been overcome by the
exercise of due diligence, due care or foresight, the DEP shall
extend the time for performance hereunder for a period of time
equal to the length of the delay.
3 . If the DFA disagrees with the DEP ' s determination pursuant
to Paragraph 2 of this Section, and if the parties are unable to
reach an agreement that the delay has been or will be caused by
circumstances beyond the control and without the fault of the DFA
5
or any entity it controls, including its contractors and
consultants, and can not or could not have been overcome by the
exercise of due diligence, due care or foresight by the DFA or
any entity it controls, including its contractors and
consultants, then the matter may be submitted by any party to the
Massachusetts Superior Court for resolution. If the Court
determines that the delay has been or will be caused by
circumstances beyond the control and without the fault of the DFA
and any entity controlled by the DFA, including its consultants
and contractors, and that the delay can not or could not have
been overcome by the exercise of due care, foresight, or due
diligence by the DFA or any entity controlled by the DFA,
including its consultants and contractors, stipulated penalties
shall not be due for the period of time the delay continues due
to circumstances beyond the control and without the fault of the
DFA.
4 . In any proceeding pursuant to Paragraph 3 of this Section,
the DFA shall bear the burden of proving: 1) that the delay has
been or will be caused by circumstances beyond the control and
without the fault of the DFA and any entity controlled by the
DFA, including its consultants and contractors; 2) and that
neither the DFA, nor any entity controlled by the DFA, including
its contractors and consultants, could have prevented or avoided
such delay by the exercise of due care, foresight, or due
diligence on the part of the DFA or any entity controlled by the
DFA, including its contractors and consultants; and 3) the number
of days of the delay caused by such circumstances.
5 . Unanticipated or increased costs or expenses associated with
the implementation of the actions required under this CONSENT
ORDER or changed financial circumstances shall not, for the
performance of the actions required by this CONSENT ORDER, be
considered circumstances beyond the control and without the fault
of the DFA.
VI . STIPULATED PENALTIES
1. In the event the DFA, or its employees, agents, or
contractors, violates this CONSENT ORDER, the DFA agrees to pay
stipulated penalties in accordance with the following schedule :
A. For each day of each violation of schedules set
forth above in Section IV, Paragraph nine (9) , the
DFA shall pay stipulated penalties as follows :
Period of Violation
1st through 30th day
31st through 90th day
91st day and thereafter
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Penalty per day
$ 500 per day
$1000 per day
$2000 per day
B. For each day of violation of Section IV Paragraph
ten (10) of this CONSENT ORDER, the DFA shall pay
stipulated penalties of $250 . 00 per day.
2 . All stipulated penalties shall be paid without demand before
the fifteenth (15th) day of the month following the month in
which the violations occurred by means of a certified check
payable to the Commonwealth of Massachusetts Environmental
Challenge Fund at the following address :
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3584
Boston, MA 02241-3584
The name of the DFA and the Administrative Consent Order
reference number shall be printed clearly on the face of the
check.
VII . ADMINISTRATIVE PENALTIES
Failure by the DFA to comply with any DEP rule or
regulation, except as otherwise specifically provided for in this
CONSENT ORDER, may result in the assessment of administrative
penalties by the DEP in the amount of up to twenty five thousand
dollars ($25, 000) per day, per violation, in accordance with
M.G.L. c. 21A § 16 .
VIII .DISPUTE RESOLUTION
1 . The DEP and the DFA shall attempt to resolve informally any
disagreements concerning implementation of this CONSENT ORDER or
any work required hereunder.
2 . If the DFA objects to any written approval, disapproval,
claim, demand or determination of the DEP (including a
determination pursuant to the force majeure section of this
CONSENT ORDER) made in accordance with this CONSENT ORDER, the
DFA shall notify the DEP in writing of its specific objections
within seven (7) days of receipt of the DEP' s writing. In
response, the DEP shall set a date for the completion of dispute
resolution and notify the DFA of such date either by writing,
facsimile or oral communication followed by a writing; such date
shall be no sooner than seven (7) days after the DEP receives the
written notice of objections .
3 . The DFA and the DEP then shall attempt to resolve the
objections and may engage in discussions, meetings, fact-finding
and any other activities which facilitate resolution of the
7
objections . At any time, the DEP may require the DFA to submit
to the DEP a more complete written statement of its objections
and the factual and legal basis for such objections.
4 . After the dispute has been resolved or the date for
completion of dispute resolution has passed, the Regional
Director, or his/her designee, shall issue a written statement
setting forth the agreement or his or her findings and the final
determination in the matter. Such agreement or determination
will be effective upon the receipt of such written statement by
the DFA.
5 . The DFA shall undertake all the work required by the
agreement or the DEP' s final determination. Failure of the DFA
to undertake such work shall be a violation of this CONSENT
ORDER.
6 . Entering objections pursuant to this section shall not be
cause for delay of the implementation of any work not
specifically the subject of the written notice of objections.
Deadlines for other work which is specifically the subject of the
written notice of objections shall be extended an amount of days
equal to the number of days from the date of the DEP' s initial
writing to the date of the agreement or the DEP' s final
determination.
7 . Any stipulated penalties due under this CONSENT ORDER shall
not be subject to this Section. The DEP' s reservation of rights
also shall not be subject to this Section. Determinations
involving permits, approvals, orders, agreements and other
actions by the DEP under authority other than M.G.L. c . 111, §
150A and the regulations promulgated thereunder at 310 CMR 19 . 000
shall not be subject to dispute resolution pursuant to this
Section.
8 . Nothing contained in this section shall be construed as
limiting the remedy contained in Section V.3 for the submission
of disputes to the Massachusetts Superior Court for resolution.
IX. NON WAIVER
Failure on the part of the DEP to complain of action or non-
action on the part of the DFA shall not constitute a waiver by
the DEP of any of its rights hereunder. Furthermore, no waiver
by the DEP of any provision herein shall be construed as a waiver
of any other provision herein.
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X. SEVERABILITY
If any term or provision of this CONSENT ORDER, or the
application thereof, to any person or circumstance, shall, to any
extent, be invalid or unenforceable, the remainder of this
CONSENT ORDER, and the application thereof, shall not be affected
thereby, and each remaining term and provision shall be valid and
enforceable to the fullest extent permitted by law.
XI. SUBMISSIONS
Submissions required by this CONSENT ORDER shall be made in
writing to the following:
TO THE DEP:
Loretta Oi
Acting Regional Engineer for Waste Prevention
Department of Environmental Protection
436 Dwight Street
Springfield, MA 01103
TO THE DFA:
Barbara Hopson, Land Use Administrator
Commonwealth of Massachusetts
Department of Food & Agriculture
100 Cambridge Street
Boston, MA 02202
9
XII . EFFECTIVE DATE
This CONSENT ORDER shall be effective on the date signed by
the DEP.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Loretta Oi, Acting Regional Engineer
for Waste Prevention
Date :
DEPARTMENT OF FOOD AND AGRICULTURE
By:
Jonathan Healy, Commissioner
Date :
10
MCamp Dresser (Si, McKee Inc.
manes
services
Ten Cambridge Center
Cambridge.Massachusetts 02142
Tel:617252-8000 Fax:617621-2565
October 24,1996
Ms.Tara Zadeh
General Counsel
Department of Food and Agriculture
100 Cambridge St.
Administration Room 2000
Boston,Massachusetts 02202
Subject: Massachusetts State Project DCP09420 ADI
DFA—Northampton Agriculture Reserve, EOEA ID#1206
Solid Waste Disposal Area—Proposed Remediation Plan
Dear Ms.Zadeh:
This letter has been prepared by Camp Dresser &McKee Inc. (CDM)in response to the
discussions between the Department of Food and Agriculture(DFA),the Department of
Environmental Protection(DEP);the City of Northampton and CDM. These discussions
occurred during our September 5,1996 meeting and were based on information pre-
sented in a CDM letter dated August 28, 1996 which summarized a series of field
investigations completed by CDM. Subsequent discussion between DFA and DEP
occurred as well.
Based on these discussions,it appears that the City of Northampton will accept,at no
fee,the debris and certain contaminated soils at their lined solid waste landfill facility.
There is still a quantity of soil which,because of elevated concentration of Total Petro-
leum Hydrocarbons (TPH),will require disposal either in a lined landfill as solid waste
or an asphalt batch plant. DFA would still be responsible for excavating the material,
screening the debris from the soil,segregating and testing the soils and hauling the soils
and debris to an appropriate disposal facility.
The Massachusetts Contingency Plan(MCP 310 CMR 40.000)establishes concentration
limits for contaminants in soils below which are acceptable to remain on-site. The most
stringent of these standards are those designated "S-1." Most of the concentrations of
contaminants detected by CDM in the soil samples were below their respective 5-1
standards.
The DFA-Northampton site is currently regulated by the DEP as a solid waste site under
the Solid Waste Management Regulations (310 CMR 19.000). However, the MCP
standards are based on the potential exposure of individuals to specific contaminants
under risk assessment standards established by DEP. Therefore,these standards would
be considered appropriate guidance for determining which soils might remain on-site
after remediation has occurred.
A Camp Dresser&McKee Inc.
Ms. Tara Zadeh
October 24, 1996
Page 2
Based on the alternative of leaving certain soils on-site as would be allowed by the DEP under
the standards of the MCP,CDM proposes the following measures to remediate the DFA-
Northampton site:
• Place additional erosion control measures including the hay bales and silt fence prior to
the work activities described below;
• Provide source of overpack drums for potential hazardous waste on-site;
• Establish appropriate health and safety procedures,monitoring procedures,and deter-
mine protective measures for the storage of excavated materials and barriers to limit
public access;
• Excavate all fill material from the area;
• Screen the debris through a 3-inch screen such as the equipment manufactured by Read
Screenz-All;
• Remove the fraction that does not pass through the screen as debris which will be dis-
posed of at the Northampton landfill. Inert material including rocks,and boiler slag will
be backfilled;
• Two composite samples will be collected from the stockpiles for laboratory analysis of the
following:
Total Petroleum Hydrocarbons(TPH);
"RCRA-8" Metals;and
- Volatile Organic Compounds.
• Petroleum contaminated soil identified at test pit TP-3 will be excavated and stockpiled
separately. This material will be managed in accordance with DEP's Interim Remediation
Waste Management Policy for Petroleum Contaminated Soils (#WSC-94-400) and bill of
lading procedures under the MCP. A composite sample will be collected from this
material and analyzed for the same parameters listed above.
• Based on the results of the analytical program, the stockpiles will be designated for
disposal according to the following:
- If the concentrations are Less than their respective S-1 standards,the piles will be used
to backfill the excavation.
ACamp Dresser&McKee Inc.
Ms. Tara Zadeh
October24, 1996
Page 3
If the concentration is more than the corresponding 3-1 standards but less than the
concentration limit for reuse at Lined landfills under DEP's policy on reuse and
disposal of contaminated soil at landfills,the stockpile will be designated for off-site
disposal at the Northampton landfill.
Soils with concentrations more than ten times the S-1 standards will be disposed of at
either the Northampton landfill or alternative site in accordance with appropriate
DEP guidelines and the disposal facility's permits.
The remaining excavation will be backfilled with clean soils to a maximum slope of three
horizontal to one vertical. The disturbed areas will be covered with topsoil and seeded.
A schedule to complete this work has not been developed at this time A schedule will be
provided once DEP's requirements for design, construction oversight,and documentation have
been determined. -
Please do not hesitate to contact me at(617)252-8783 if you should have any questions.
Very truly yours,
CAMP DRESSER&McKEE INC. APPROVED BY:
phen A!Sakakeeny
Project Manager
SAK/kar
cc: W.Vicens,CDM
W. Swanson,CDM
P. Kennedy,CDM
S.Sakakeeny,CDM
1365115-HT-ISA
William R. Swanson,P.E.
Vice President
/M Camp Dresser&McKee Inc.
Ms. Tara Zadeh
August 28, 1996
Page 6
NORT
BOARD HEAcr
3.0 Evaluation of Remediation
Initially, CDM had proposed to conduct an evaluation of several alternatives for
remediation of the site ranging from excavation and removal of waste materials to
construction of a low-permeability cap in accordance with the Solid Waste Manage-
ment Regulations (310 CMR 19.000). However, based on the field work, CDM has
narrowed the focus to evaluating excavation of the waste materials and their off-site
disposal because (1) the capping of the steep side slopes would require most of the
waste to be excavated or large volumes of imported fill to flatten the slopes; capping in
place would require long-term environmental monitoring of the site; and there is a
relatively small quantity of waste material at the site.
Based on the topographic survey and test pit work conducted by CDM, there is
approximately 3,000 cubic yards of debris and 500 cubic yards of "boiler slag" land-
filled at the site. These quantities were increased by 20 percent above the completed
volume to account for uncertainties in both the lateral and vertical limits of fill.
CDM proposes that the DFA implement a program where the wastes landfilled at the
site are excavated and visually separated into piles (e.g. boiler slag and wood debris).
DFA could also further separate materials based on the results of jar headspace analysis
in the field. Waste materials with large bulky items would be screened to remove the
large objects. Any special or potential hazardous material encountered would be
separated and placed into acceptable drum containers. DFA would then collect
representative composite samples from the remaining material and have them analyzed
for total petroleum hydrocarbons, RCRA-8 metals, polycyclic aromatic hydrocarbons,
and volatile organic compounds. Following completion of the excavation work, the
site would be backfilled to appropriate grades with clean fill. The contractor would be
required to loam and revegetate with seed and erosion control blankets the side slopes
of the site. During construction, the perimeter of the bordering wetlands would be
appropriately protected with a combination hay bale/silt fence system. This temporary
erosion control system would have to be maintained at the site during construction.
The estimated costs for this work are included in the attached Table Four. The estimat-
ed costs are based on an average density of 2,500 pounds per cubic yard of fill (in-
place). CDM has also assumed that all of the "boiler slag" along with 50 percent of the
soils screened from the debris area will be suitable for disposal as cover material in a
lined landfill facility. The debris material screened from the site is assumed to be 30
percent of the total volume which will have to be landfilled as solid waste. The remain-
ing 20 percent of the soils encountered are assumed to require disposal in an asphalt
(M Camp Dresser&McKee Inc.
Ms. Tara Zadeh
August 28, 1996
Page 7
batch plant. This is representative of the soils encountered in one of the test pits which
had TPH concentrations of 8,000 ppm. CDM also assumed that the work would
encounter ten drums which will require special handling and disposal. These potential
additional costs are incorporated into the estimates.
Finally, because of the uncertainty in the extent of waste and the possible disposal
alternatives, CDM has incorporated a 20 percent contingency into the estimates to cover
additional costs.
We are available to discuss the results of this study with yourself or the DFA prior to
our September 5th meeting with the DEP. Please do not hesitate to contact us as
questions arise or you require additional information.
Very truly yours,
CAMP DRESSER & McKEE INC.
yr
William R. Swanson
WRS/je
Attachments
cc: Ms. Mary Jude Pigsley
P. Kennedy
S. Sakakeeny
B. Haskell
TABLE 1
SOIL SAMPLING RESULTS
BURTS PIT ROAD-AGRICULTURE RESERVE
NORTHAMPTON, MA
SOIL SAMPLE 2 LANDFILL DISPOSAL CRITERIA 4
PARAMETER3 UNITS SOIL-1 SOIL-2 SOIL-3 MCP' LINED UNLINED
TOTAL PETROLEUM HYDROCARBONS mg,lcg 55 8000 330 500 5000 2500
METALS
BARIUM mg/kg 85 58 110 1000 N/A N/A
CADMIUM mg/kg 1.1 1.0 N.D. 10 N.D. 30 80 30
CHROMIUM mg/kg 21 10 14 1000 1000 1000
LEAD mg/kg 78 69 570 300 2000 600
NOTES.
I. MCP Standards are Reportable Concentrations for S-I sites.
2. Soil-I: Collected from test pit TP-14.
Soil-2: Collected from test pit TP-3.
Soil-3: Collected from test pit TP-7.
3. Only parameters with detectable concentrations shown. All other
parameters were below detection limits.
4. Landfill Disposal Criteria for line d landfills from DEP document entitled
"Reuse and Disposal of Contaminated Soils at Landfills". Criteria for unlined
landfills from site specific approvals for unlined sites.
5. N/A.Not Applicable
6. ND: Not Detected at specified meaning limit.
REPTABLE.XLS
•
TABLE 2
SEDIMENT SAMPLING RESULTS
BURTS PIT ROAD - AGRICULTURE RESERVE
NORTHAMPTON, MA
SEDIMENT SAMPLE NOAA
PARAMETER UNITS SD-I Guidance
TOTAL PETROLEUM 11YDROCARBONS mg/kg 140 -
METALS
BARIUM mg/kg 160 -
CADMIUM mg/kg 2.8 1.2/9.6
CHROMIUM mg/kg 11 81/370
LEAD mg/kg 19 47/218
NOTES
1. NOAA guidance values are marine system based applied to freshwater(ERL)/(ERM)
•
REPTABLE.XLS
TABLE 3
SURFACE WATER SAMPLING RESULTS
BURTS PIT ROAD-AGRICULTURE RESERVE
NORTHAMPTON, MA
SURFACE WATER SAMPLE
PARAMETER UNITS SW-I SW-2
TOTAL PETROLEUM HYDROCARBONS mg/I 2.8 1.0 N.D.
METALS
LEAD(FILTERED) ug/I 5.0 ND 50 ND
LEAD(TOTAL-UNFILTERED) ug/I 150 45
NOTES:
1. ND. Detected at specified reporting limit
REPTABLEALS
(AM F WELD
nor
10 PAUL CELLUCCI
wernnr
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT 01? ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
& d Is. 1444
Board of Health
City Hall
210 Main Street
Northampton, MA 01060
Attention: Mr. Peter McErlain
Dear Mr. McErlain:
TRUDY COXE
Secretary
DAVID B.STRUNS
Cownesealw
Re: Northampton-DSWM-Landfill
Disposal of Solid Waste from
Former State Hospital Farm
Glendale Road Landfill
Recycling Report Card
96-214-001
On September 5, 1996, personnel of the Department of Environmental
Protection (the DEP) met with you and personnel of the Department
of Food & Agriculture (DFA) and Camp Dresser & Mckee, Inc. (CDM)
concerning remediation of a former solid-waste dumping ground (the
site) located on property held by the DFA (under the Agricultural
Preservation Restriction, or APR program) off Burts Pit Road in
Northampton, at the former Northampton State Hospital Farm. On
October 28, 1996 the Department received a proposed conceptual
remedial plan for the site, prepared by CDM on behalf of the DFA.
CDM's plan is based on: the assessment results outlined in CDM's
report dated August 28, 1996; and the agreements reached at the
September 5, 1996 meeting between DEP,DFA,CDM and the City of
Northampton.
The DFA is performing assessment and remediation of the site in
accordance with the DEP's solid waste regulations 310 CMR 16.00 &
19.000, and in accordance with Executive Order #350, the "Clean
States Initiative".
The DEP's review of CDM's conceptual remedial plan is attached. As
discussed at the September 5, 1996 meeting and subsequently
outlined in CDM's plan, it is the DEP's understanding that solid
wastes removed from the site will be disposed of at the Northampton
Landfill. The Department agrees that the tonnage of solid waste
accepted at the landfill from the site should not be counted in
calculations for the City's Recycling Report Card The tonnage of
solid waste should still be noted in the Annual Report for the
landfill.
Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)748-6820 • Telephone(413)784-1100
0 Printed no Rx}ekd Papa(20%Post Consumer)
If you have any questions concerning this matter, please contact
Larry Hanson of this office at (413) 784-1100 ext. 287.
Very t
your,
Mark A. Schleeweis
Section Chief
Division of Solid Waste Management
MAS/LGH/lgh
hampdfa.rec
cc: Barbara Hopson - Land Use Administrator, DFA
Tara Zadeh - General Counsel, DFA
Rick Larson - DEP/WERO
JAM F WELD
rnor
BO PAUL CELLUCCI
overeor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
DEC 11 199E
Commonwealth of Massachusetts
Department of Food & Agriculture
100 Cambridge Street
Boston, MA 02202
Attention: Tara Zadeh, General Counsel
TRUDY CORE
Secretary
DAVID B.STRUMS
Commissioner
RE: Northampton-DSWM-Former Dump
Proposed Conceptual Remedial
Plan
Burts Pit Road
Former State Hospital Land
96-214-012
Dear Ms. Zadeh:
On October 28, 1996, the Massachusetts Department of Environmental
Protection (the DEP) received a proposed conceptual remedial plan
from the Massachusetts Department of Food & Agriculture (the DFA)
for a former solid-waste dumping site (the site) , located on
property held by the DFA (under the Agricultural Preservation
Restriction, or APR program) off Burts Pit Road in Northampton.
The plan was prepared on behalf of the DFA by Camp, Dresser &
Mckee, Inc. (CDM) of Cambridge, MA, based on: the assessment
results outlined in CDM's report dated August 28, 1996; and the
agreements reached at the September 5, 1996 meeting between
DEP,DFA,CDM and the City of Northampton.
The DFA is performing assessment and remediation of the site in
accordance with the DEP's solid waste regulations 310 CMR 16.00 &
19.000, and in accordance with Executive Order #350, the "Clean
States Initiative" .
Summary of Conceptual Remedial Plan
CDM proposes that the following remedial measures be completed at
the site:
-Additional erosion control measures (haybales and silt fence)
will be emplaced prior to the start of additional remedial
work.
1 Dwight Street • Springfield, Massachusetts
�!01103 • FAX(413)764-1149 • TOD(413)7484620 • Telephone(413)784-1100
CJ Printed mR X)ed Paper 6O%Post Consumer)
2
-Overpack drums will be available, if needed, should hazardous
wastes be encountered.
-A Health & Safety Plan will be completed before remedial work
begins, which will include measures to limit public access.
-All fill material, including solid waste and associated fill
(soils) will be excavated from the two ravines at the site,
where test-pitting identified the presence of solid waste.
-Petroleum contaminated soil in the area of Test-Pit TP-3 will
be excavated and stockpiled separately. This material will be
managed in accordance with the Department's Interim
Remediation Waste Management Policy for Petroleum Contaminated
Soils (#WSC-94-400) and transported under a bill-of-lading
(BOL) according to the provisions of 310 CMR 40. 0000, the
Massachusetts Contingency Plan (the MCP) .
-Any fill containing debris material will be screened with a
3-inch screen (for example, a Read Screenz-A11) . Inert
materials, such as rocks and boiler slag will be backfilled in
the excavations; all remaining debris from the screening
operation will be disposed of as solid waste at the
Northampton Landfill.
-Remaining excavated soil will be stockpiled on-site, and two
composite soil samples will be obtained from the stockpiles.
These samples will be analyzed in the laboratory for Total
Petroleum Hydrocarbons (TPH) , RCRA 8 metals, and volatile
organic compounds (VOCs) .
-If soil sample results are less than the MCP S-1 soil
standards, the soil will be backfilled in the excavations.
-If soil sample results are greater than S-1 soil standards,
but less than the concentrations for reuse as landfill daily
cover as outlined in the Department's Policy #BWP-94-037, such
soil will be transported off-site for use as daily cover at
the Northampton Landfill.
-If soil sample results are greater than the daily cover reuse
limits outlined in Policy #BWP-94-037, such soil will be
disposed of at an alternative site (approved MA soil recycling
plant, etc. ) in accordance with Department guidelines and
facility permits.
-The excavations will be backfilled and graded to maximum
slopes of 3 to 1 (horizontal to vertical) . If needed, clean
soils will be used to achieve proper grades. Any disturbed
areas will be covered with topsoil and seeded.
CDM will prepare bid specifications for the work proposed above,
3
along with a detailed schedule of actions. The DFA anticipates
that the project will be competed by June 30, 1997.
DEPARTMENT DETERMINATIONS
Personnel of the Department have reviewed the proposed conceptual
remedial plan in accordance with 310 CMR 19.000 and the
Department's publication Landfill Assessment and Closure Guidance
Manual (LAC) , revised in September, 1993. The Department has
determined that the proposed remedial plan is acceptable, subject
to the conditions and requirements outlined below.
1. The Department must be notified at least three days in advance
of field work activities.
2. If any hazardous wastes are encountered, they shall be handled
and disposed properly, in accordance with the applicable
sections of 310 CMR 30.000 and 310 CMR 40.0000; only solid
wastes may be disposed of at the Northampton Landfill.
3. If soil sample results are greater than the daily cover reuse
limits outlined in Policy #BWP-94-037, such soil shall be
properly disposed of at an alternative site other than the
Northampton Landfill (approved MA soil recycling plant, etc. )
in accordance with appropriate Department regulations,
guidelines and facility permits.
4. All soils stockpiled on-site shall be properly covered with
plastic sheeting, and any potential physical hazards at the
site (open holes, broken glass, etc. ) shall be eliminated or
properly addressed.
5. All remedial work shall be performed in accordance with other
local, state and federal statutes and regulations, including
requirements of the Northampton Conservation Commission.
6. All remedial activities shall be performed in accordance with
sound engineering practice.
7. A final remedial plan, in the form of the bid specifications
for the project, shall be submitted to the Department by
January 15, 1997, along with a completed Landfill Minor
Modification BWPSW22 application and DEP transmittal form
(forms attached) . The Health & Safety Plan shall be submitted
to the Department with the final remedial plan.
8. As outlined in Executive Order 0EO350 (The Clean State
Initiative) , the DFA shall report on steps taken to achieve
compliance at the site in its quarterly Clean Stae Program
reports.
4
9. Remedial work at the site shall begin by May 15, 1997. As
proposed, remedial work at the site shall be completed by June
30, 1997.
10. Until remedial work at the site is completed, the DFA shall
submit monthly reports to the Department describing the status
of activites concerning the site, including the status of
funding source(s) for the project.
If you have any questions concerning this matter, please contact
Larry Hanson of this office at (413) 784-1100 ext. 287.
Very t
Mark A. S'h3heweis
Section Chief
Division of Solid Waste Management
MAS/LGH/lgh
hampdfa.caa
cc: Barbara Hopson - Land Use Administrator, DFA
Northampton Board of Health - Peter McErlain
Rick Larson - DEP/WERO
Stephen Sakakeeny, CDM
tit
4M F. WELD
or
) PAUL CELLUCCI
'cm or
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF FOOD AND AGRICULTURE
LANCASTER REGIONAL FIELD OFFICE
142 OLD COMMON ROAD, LANCASTER, MA 01523 (508) 792-7711 FAX (508) 365-2131
Peter McErlain
Board of Health
City Hall
210 Main Street
Northampton, MA 01060
January 22, 1997
Re: Northampton
Disposal of Solid Waste
TRUDY COXE
Secretary
JONATHAN L. HEALY
Commissioner
Dear Mr. McErlain:
As you know, the Department is in the process of removing
solid waste from the property located in Northampton and currently
under lease to the City of Northampton. We have been working
closely with the City in order to accomplish this in the most
economical manner for all concerned.
I am writing to you to confirm previous conversations in which
you stated that the City is willing to accept, at its landfill, the
wastes removed from the site in accordance with the Conceptual
Remedial Plan prepared by CDM and approved by DEP and attached to
this letter. The DEP has agreed by letter to you, dated December
11, 1996, that the waste received from this project will not be
counted in calculations for the City's Recycling Report Card.
In order for DFA to proceed with the bid for the removal of
this material, I would appreciate it if you would confirm in
writing that the City is willing to accept, at no charge, any
materials removed from the site where "the soil sample results are
greater than the 5-1 soil standards but less than the
concentrations for reuse as landfill daily cover as outlined in the
Department' s Policy #BWP-94-037". As soon as you confirm this, I
will be able to complete preparation of the bid specifications.
Thank you for your assistance in this matter.
Sincerely,
i1 .1,
Tara Zadeh
General Counsel
BOARD OF HEALTH
T.JOYCE,Chairman
BURES,M.D.
HIA DOURMASHKIN,R N.
t J.McERLAIN,Health Agent
January 23, 1997
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
Ms. Tara Zadeh, General Council
Department of Food and Agriculture
100 Cambridge Street
Administration Room 2000
Boston, MA 02202
Dear Ms. Zadeh:
210 MAIN STREET
01060
(413)586-6950 Ext.213
Re: Disposal of Solid Waste from
Former State Hospital Site
The Northampton Board of Health is in receipt of your letter, dated January 22, 1997,
concerning the disposal of solid waste and soil removed during the Former Northampton
State Hospital/Burts Pit Road Disposal Site Cleanup. Conditions found at the site are
describe in a report from William R. Swanson, of Camp, Dresser& Mckee Inc. dated
August 28,1996.
This letter will confirm that, on September 16, 1996, the Northampton Board of Health
voted to accept solid waste, screened and removed from the Former State Hospital/Burts
Pit Road disposal site cleanup, for disposal at the Northampton Regional Lanadfill at no
charge. In addition any soil determined to have contaminant levels in access of the MCP
S-1 soil standard, but Tess than the limit for reuse as daily landfill cover, (as outlined
in the DEP's Policy #BWP-94-037),will be accepted for use as daily cover at the
Northampton Regional Landfill at no charge.
The Board of Health has received a letter from DEP Western Regional Solid Waste
Section Chief, Mark Schleeweis, which exempts the refuse, described above, from being
included in calculations for the City's Recycling Report Card.
Please feel free to contact the Northampton Board of Health if you require additional
information or if we may be of further assistance to you in this matter.
Thank you.
Sincerely,
Peter J. McErlain, Health Agent
cc: Mike Vito, Mayor's Office
Northampton State Hospital
EOEA 001623 (SWM)
Corrective Action
Page 2 of 3
MDEP clean-up requirements have been cleaned to meet or exceed the
MDEP requirements for the Northampton State Hospital. "
On June 21, 2002, the Department received supplemental information
dated June 19, 2002 including a Certification Statement signed and
sealed by John M. O' Donnell, P.E. , a Registered Massachusetts
Professional Engineer. On October 9, 2002, the Department received
additional weigh slips and information further clarifying the cleanup.
On June 30, 2000, an Administrative Consent Order #ACO-BO-00-E010 (ACO)
was executed between the Department and DCAM. The Northampton State
Hospital is managed by 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 proposed the excavation and removal of solid waste
materials located in a dumping ground. The solid waste was proposed to
be transported to a permitted solid waste disposal facility for proper
disposal. Upon the completion of the removal of the solid waste, test
pits were proposed to be excavated to confirm that all solid waste has
been removed. Soil samples were proposed to be collected from the
remaining materials and analyzed. In addition, leachate, if present, was
proposed to be collected and analyzed. Upon confirmation that the
cleanup was complete, the disturbed areas were proposed to be backfilled
and covered with a six-inch layer of vegetative support soil,
hydroseeded and a vegetative cover was to be established.
On February 7, 2001 the Department issued a Permit approving the
Application for the CAD for the disposal sites at the Northampton
State Hospital in Northampton, Massachusetts.
DEPARTMENT DETERMINATIONS
The Report and supplemental information documents that the construction,
clean-up and disposal of excavated waste was performed in general
accordance with the February 7, 2001 Permit issued by the Department
conditional approving the Corrective Action Design.
The Report and supplemental information and inspections made by
Department personnel both during and after clean up establishes that the
facility has complied with the ACO and has satisfactorily completed the
proposed work. Therefore the site at the Northampton State Hospital will
no longer be considered an "Open Dump" or a "Dumping Ground" as defined
in 310 CMR 19.014 .
ROMNEY
ROT
Y HEALEY
.pant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
438 Dwight Street•Springfield,Massachusetts 01103• (413)7841100
Division of Capital Asset Management
Commonwealth of Massachusetts
One Ashburton Place
Boston, MA 02108
JAN 23 2003
Attention: Mr. John O' Donnell, P.E. , L.S.P.
Deputy Director
Office of Construction Services
re:
at:
Closure Certification
CORRECTIVE ACTION COMPLETION
Northampton State Hospital-DSWM-Landfill
EOEA ID No. 001623 (SWM)
Northampton, MA
DSWM File #03-214-013
Dear Mr. O'Donnell:
ELLEN ROY HERZFELDER
Secretary
LAUREN A LISS
Commissioner
On December 7, 2001 the Massachusetts Department of Environmental
Protection (the Department) received a memorandum prepared by you on
behalf of the Division of Capital Asset Management (DCAM) dated
November 30, 2001 . Attached to the memorandum was the following
Report:
Construction Certification Report
Northampton State Hospital
Division of Capital Asset Management
June 2001
The Report was prepared was prepared by your consultant, Tighe & Bond
and bears the signature and seal of Dana C. Huff, Massachusetts
Registered Professional Civil Engineer number 34729. The Report
included a text describing the construction, a summary of changes made
from the permit conditions, record plans, construction photographs and
test results. Page 1-2 of the Report states : "Therefore, based on the
on-site visual inspections conducted during the waste/soil fill
removal and the results of the chemical analysis from samples of the
soils remaining in the areas of waste removal, the area subject to
This information is available in alternate format Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.MD Service-1400-298-2207.
DEP on the World Wide Web: http:thww.mass.Bov/dep
0 Printed on Recycled Paper
Northampton State Hospital
EOEA 001623 (SWM)
Corrective Action
Page 3 of 3
This determination pertains only to the Solid Waste Management aspects
of the cleanup 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 determination
limit the liability of owners or otherwise legally responsible parties
from any other applicable laws, statutes or regulations now or in the
future.
If you have any questions concerning this matter, please contact
Charles Clines of this office at (413) 755-2120.
Sincerely,
Daniel Hall
Section Chief
Division of Solid Waste Management
21413cert.0103
DH/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
Brian Holdridge, DEP Boston