421 Waste Site Clean Up Approval 2008 Northampton VA Landfill Page 2 Of 15
Corrective Action Design
The landfill occupies approximately 3 acres of a 182-acre parcel
of land with an address of 421 Main Street in Northampton,
Massachusetts. The landfill site was formerly owned by the VA
Medical Center. In 1958 the 182-acre parcel, including the
landfill, was transferred to the Smith Vocational and Agricultural
School (Smith School) . Although the ownership of the land was
transferred, the VA continued to use the landfill for disposal of
waste materials. The report indicates that the landfill was
operated by the VA Medical Center and was used primarily for the
disposal of construction and demolition (C&D) waste. The landfill
commenced operations during the 1920s and ceased operations during
the 1970s .
On February 12, 2003, MassDEP issued a Per unit approving the
Initial Site Assessment (ISA) for the landfill and required the
preparation of a CSA Report. On February 9, 2004, - MassDEP issued a
Permit approving the Draft CSA Report and required the preparation
and submittal of a Final CSA Report.
On June 29, 2004, a "Record Notice of Landfill Operations" with
Site Plan was recorded at the Hampshire County Registry of Deeds.
The Plan was recorded in Book 200/Page 108 and the Notice was
recorded in Book 7877/Page 339 . This Plan delineates the landfill
and a buffer area around the landfill comprising of a total of
9 . 648 acres .
On February 24, 2005, MassDEP approved the Final Comprehensive
Site Assessment (CSA) Report, which contained substantial
information relative to the existing landfill site. This
information pertains to; the description and location of test
pits, installation of shallow and deep groundwater monitoring
wells, the analytical results obtained from sampling of the
groundwater monitoring wells, leachate sampling, landfill gas
monitoring, sediment and soil sample analysis . In addition, the
Report includes groundwater elevations; test pits logs, well
construction details, hydraulic conductivity data, data
interpretation, and a qualitative risk assessment.
Groundwater monitoring wells were installed at four locations, one
upgradient and three downgradient. At two of the downgradient
locations, wells were installed as a pair of shallow (groundwater
table) and deep (at bedrock) wells. A total of six wells were
installed and sampled. Soil samples were collected and analyzed at
each of the four well locations beyond the limits of the waste and
at three test pit locations within the limits of the waste.
During the field investigation portion of the CSA a total of 25
test pits were excavated. Twelve test pits were excavated within
the limits of the landfill and thirteen test pits were excavated
beyond the landfill' s footprint to delineate the horizontal extent
of the waste. Due to groundwater levels and instability of the
excavated materials, many of the test pits were limited to a
maximum depth of 10 feet below grade. Field screening was
performed for the test pits and for the monitoring wells . In
IEVAL L.PATRICK
:overnar
'IMOTHY P. MURRAY
,ieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY &ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)789-1100
Ms . Mary Dowling
Department of Veterans Affairs
421 North Main Street
Leeds, MA 01052-9764
re: APPLICATION APPROVAL
Application for: BWPSW25
Corrective Action Design
TRANSMITTAL # W101521
May 12, 2008
at: Veterans Affairs Medical Center Landfill
At Smith Vocational School
Haydenville Road
Northampton MSA
DSWM File # 08-214-018
Dear Ms . Dowling:
IAN A.BOWLES
Secretary
LAURIE BURT
Commissioner
On July 13 , 2007 the Massachusetts Department of Environmental
Protection (MassDEP) received a submittal for a Draft Corrective
Action Design (CAD) for the closure of the Northampton Veteran' s
Administration (the "VA" ) Hospital' s Landfill (the "Landfill") . It
was requested that the review be placed on hold until approval
could be obtained from the Northampton Conservation Commission.
On February 25, 2008, MassDEP received a supplemental submittal .
The supplemental submittal included modifications of the previous
submittal, changes made as required by the review of the
Conservation Commission and other revisions and additions. The CAD
(as revised) included a Transmittal Form, Application Form,
design, post closure plan, specifications, Quality Assurance
Manual, Stormwater Pollution Prevention Plan, a set of six (6)
drawings and an Environmental Monitoring Plan. The CAD. Application
was prepared by your consultant, Advanced Environmental Solutions,
Inc. and bears the certification of Mark S . Deuger, Project
Manager/Technical Director. The Engineering Report, plans and
Specifications were prepared by Nobis Engineering, Inc. and bear
the seal and signature of Kurt Jelinek, Massachusetts Professional
Civil Engineer #45929 .
This information is available in alternate format.Call Donald M.Comes,ADA Coordinator at 617.556-1057.TOD Service-1-S0D-298-n07.
DEP on the World Wide Web: http>/www.massgov/dep
CJ Printed on Recycled Paper
Northampton VA Landfill Page 4 Of 15
Corrective Action Design
"An evaluation of the sediment analytical results presented
in the Risk Assessment identified the sediment COCs as
acetone, toluene, fluorine, phenanthrene, anthracene,
flouranthene, pyrene, chrysene, benzo (a)anthracene, and
benzo (a)pyrene, benzo(b) -flourathene, benzo (k) fluoranthene,
indeno (1, 2, 3-cd)pyrene, carbazole, dibenzofuran, and
benzo (g h I)perylene, 4, 4-DDT, arsenic, barium, beryllium,
chromium, copper, iron, manganese, nickel, lead and zinc. "
"The risk assessment evaluation of surface water and leachate
analytical results identified barium, chromium, copper, iron,
manganese, zinc, mercury, and lead as surface water/leachate
COCs. "
The Qualitative Risk Assessment identified potential exposure
pathways and concluded the following:
"A review of available analytical data and information
available for the Site indicates that there may be
significant risks to human health and/or the environment
represented by the Site, due to elevated concentrations of
contaminants of concern and complete exposure pathways.
Therefore, a quantitative risk assessment should be
performed to determine the ecological and human health
risks associated with the Site. "
The Qualitative Risk Assessment identified soil as the primary
exposure pathway and concludes the following:
"If the landfill is capped, the soil exposure pathways would
be eliminated. However, if the landfill is not capped, the
exposure pathways will continue to exist. "
The Method III Risk Characterization concluded the following:
"...a condition of No Significant Risk to Human Health has
been achieved at the site. "
"Therefore, the chemicals and the site are considered
unlikely to pose a risk to ecological receptors following
placement of the cap, and a level of No Significant Risk to
the Environment will exist at the site. " And
"Finally, consideration of chemical characteristics and
behavior indicate that the residual chemicals will not pose
a risk to safety and a Condition of No Significant Risk to
Safety will exist at the site following installation of the
cap. "
The CAAA Report evaluated the following corrective alternates:
1 . No Action,
2 . Standard Closure,
3 . Consolidation and Standard Closure, and
4 . Removal and Reclamation
Northampton VA Landfill Page 3 Of 15
Corrective Action Design
addition, soil samples were collected and sent to a laboratory and
analyzed. No positive PID readings were noted during excavation
of test pits or during the installation of the monitoring wells .
During excavation work at the landfill, one 55-gallon drum was
excavated that contained liquid materials. The drum and spilled
materials were removed and a Limited Removal Action (LRA) was
performed pursuant to 310 CMR 40 . 0318 . During subsequent field
investigations, suspected asbestos containing materials (ACM) were
identified on the surface of the landfill. Some of these materials
tested positive for asbestos and have been removed and disposed of
as documented in the Report. The materials included asbestos-
cement pipe and a large box with asbestos containing sides.
In preparation of the final CSA additional monitoring was
performed including the sampling of surface water, leachate and
sediments and additional ground water monitoring.
The footprint of the landfill is estimated to be approximately 3
acres with waste depths varying from a few feet thick to possibly
20 feet thick. It appears that portions of the waste were placed
in wetland areas and that portions of the waste mass are below the
groundwater table.
The Draft CSA Report included the following statements concerning
waste materials buried at the landfill :
"Waste materials consist primarily of construction and
demolition debris including brick, glass, concrete, metal,
wire, asphalt, plastic and piping materials, mixed with
approximately 40% to 80% soil by volume. "
The Final CSA Report included the following statements concerning
environmental impacts and chemicals of concern (COCs) of the
landfill:
"No evidence of landfill gas was noted during field screening
of monitoring wells during groundwater sampling activities.
No positive methane, PID, hydrogen sulfide or LEL readings
were noted, and normal oxygen levels were observed. In
addition, no odors indicative of the presence of landfill gas
were noted during CSA field investigation activities. "
"Based on the groundwater analytical results (including the
2003 sampling events) and comparison to relevant standards,
groundwater COCs include lead, iron and manganese. "
"Surface soil analytical results indicate the present of PAHs
at concentrations above the MCP Method 1 S-1 soil standards.
Based on surface and subsurface analytical results, the risk
assessment identified the SVOCs benz (a)anthracene,
benzo (b) fluoranthene, benzo (a)pyrene and indeno (1, 2, 3-
cd)pyrene, and the metals antimony, arsenic, beryllium and
lead as soil COCs. "
Northampton VA Landfill Page 6 Of 15
Corrective Action Design
Guidance Manual (LAC Manual) , revised in May, 1997 . This permit
is a permit issued in accordance with the review procedures
stipulated at 310 CMR 19 . 037 and is subject to all of the
provisions contained therein. Upon review of the submitted
materials, MassDEP hereby approves the closure documents . The
conditions upon which this approval is contingent are presented
below.
A. SPECIFIC PERMIT CONDITIONS:
1 . For the purposes of this permit and compliance with 310 CMR
19 . 143 , the site shall be considered to be the 9 . 648 acre parcel
delineated on the Site Plan recorded at the Hampshire County
Registry of Deeds in Book 200/Page 108 and the Notice was recorded
in Book 7877/Page 339; including the foot print of the landfill,
the impacted areas, and the buffer areas around the landfill .
2 . The VA shall post and maintain at all access locations,
clearly visible "NO TRESSPASSING" signs .
3 . A third-party independent Massachusetts registered
professional engineer knowledgeable in landfill closure design
and construction (the "Engineer" ) shall supervise the
construction. The engineer' s duties shall include, but not be
limited to, determine final grades of the landfill; oversee
installation and construction of all components of the final cover
system; oversee quality assurance/quality control (QA/QC) testing
and verify all data generated through the testing program; and
document all construction and QA/QC activities. The engineer shall
provide construction certification to the VA upon completion of
landfill closure activities. The Engineer shall perform an
inspection of the closure construction and prepare an inspection
report at least once per week during periods of active
construction.
4 . A qualified, independent QA/QC officer as outlined in the
LAC, p. 2-1 to 2-3 shall be present at the site at all times
during construction of all berms, trenches, piping, below grade
structures and the landfill' s final cover system including the
placement of the gas vent layer up to and including the placing
of the vegetative support layer. The QA/QC officer shall work
under the direct supervision of the Engineer.
5 . The Engineer' s inspection and written inspection report
shall include at a minimum the following:
(A) Any deviation from compliance with requirements set
forth in this Permit;
(B) Any actions taken to correct such deviations, as
required by MassDEP or recommended by the Engineer;
(C) Schedules to correct identified problems;
(D) Review of quality assurance/quality control (QA/QC)
testing data generated, and documentation for
Northampton VA Landfill Page 5 Of 15
Corrective Action Design
The CAAA Report recommended Alternate 3-Consolidation and Standard
Closure. This alternate proposed the removal of waste and fill
materials from approximately 5, 400 square feet of previously
filled wetland areas . In addition, this alternative allowed for
the construction of the anchor trench out of the wetland area and
will minimize the construction and long-term impacts to the
wetland. Further, the cost estimate of Alternative 3 was less than
the costs for alternatives 2 and 4 . Alternative 3 requires the
relocation of an estimated 9, 700 cubic yards of waste and fill and
portions of the wetlands current located under the landfill will
be restored.
The CAAA was approved in a Permit issued on August 18, 2006 . The
CAD submittal is for the recommended Alternative 3 .
A Notice of Intent was filed with the Northampton Conservation
Commission. On February 28, 2008, the Northampton Conservation
Commission issued an Order of Conditions for the landfill closure.
The closure is proposed to be performed in accordance with 310 CMR
19 . 112 Landfill Final Cover Systems . The proposed closure will
have a maximum slope of 3 horizontal to one vertical and a minimum
top slope of 5 percent. The landfill cap as proposed will include
the following:
1 . Installation of horizontal gas trenches
2 . 12-inch layer of common fill cover soils;
3 . 6-inch layer of gas vent sand;
4 . 40 mil thick of textured High Density Polyethylene (HDPE) ;
5 . Drainage layer of geo-composite and 12 inches of sand; and
6 . 8-inch layer of vegetative support materials .
REGULATORY AUTHORITY
This document is a permit issued pursuant to Massachusetts General
Laws Chapter 111, Section 150A and the regulations promulgated
thereunder at 310 CMR 19 . 000, subject to the conditions set forth
at 310 CMR 19 . 043 (5) . In the event this permit conflicts with all
or parts of prior plan approvals or permits issued pursuant to c .
111, s. 150A or solid waste regulations in effect prior to July 1,
1990 the terms and conditions of this permit shall supersede the
conflicting provisions of such prior permits or approvals. This
permit is subject to the standard conditions of 310 CMR 19 . 000 and
the conditions presented herein. This permit does not convey
property rights of any sort or any exclusive privilege.
DEPARTMENT DETERMINATIONS
MassDEP has reviewed the submitted plans, design, specifications,
and permit application, under the authority of MGL Chapter 111
Section 150A and the regulations promulgated thereunder at 310 CMR
19 .000 and MassDEP' s publication Landfill Assessment and Closure
Northampton VA Landfill Page 8 Of 15
Corrective Action Design
16 . The proposed use of an 8 inch thick vegetative support layer
shall comply with 310 CMR 19 . 112 (9) (B) (3) , which requires :
"consist of at least eight-nine inches of soil with an
organic content of 8-10$ capable of supporting the selected
vegetation in conjunction with a 12-inch thick drainage
layer for a total vegetative/protection layer depth of 20-21
inches."
17 . Prior to the delivery of any alternate vegetative support
layer material (regardless of whether or not the material has a
valid Beneficial Use Determination or Land Application
Certificate) , the VA, shall submit, and obtain MassDEP/WERO
written approval of the proposed mixture of materials to be used
for any alternate vegetative support layer. This approval shall
be subject to field demonstration that the materials meet
performance standards and will not create any nuisance.
18 . The vegetative support layer shall be tested for Grain Size,
pH and Organic content (%) at the frequency of a test for every
1000 cubic yards.
19 . The VA shall prevent vectors, dust, odors and other nuisance
conditions from developing at the Landfill and any other areas
related to the general closure activities . Water shall not be
used for dust control in amounts, which produce excessive
infiltration, ponding or erosion.
20 . A Record Notice of Landfill Operations shall be recorded in
accordance with 310 CMR 19 . 141 and proof shall be submitted with
the Closure Certification.
21 . Within 90 days of the completion of the closure, the VA
shall submit certification (BWP SW 43) by a Massachusetts
Professional Engineer in accordance with 310 CMR 19 . 011, 19 . 106,
19 . 107 and 19 . 130 (31) (c) , that the landfill was closed in
accordance with proposed plans, this permit, and with the
applicable regulations . Included with the certification shall be
an as-built plan signed and stamped by a Massachusetts registered
professional engineer, as outlined in 310 CMR 19 . 042 (3) (b) . The
as-built plans shall show complete details of the closure of each
closure area. The Closure Certification shall include estimates
of post-closure cost for the purpose of establishing a Financial
Assurance Mechanism.
S. POST-CLOSURE CONDITIONS
1 . The VA shall submit a post-closure monitoring and maintenance
plan with the Closure Certification.
2 . The VA shall comply with the post-closure requirements set
forth at 310 CMR 19 . 142 (1) - (8) are hereby incorporated by
reference. In particular parts 5, 6 and 7 which require:
Northampton VA Landfill Page 7 Of 15
Corrective Action Design
construction and QA/QC activities;
(E) The inspection report shall be signed, sealed and dated
by the Engineer certifying that to the best of his/her
knowledge all information is accurate and complete; and
(F) The Engineer shall submit one copy of the inspection
report to MassDEP and one copy to the board of health
no later than seven (7) days following the date of the
inspection.
6 . Prior to commencing any excavation or construction, the VA
shall review the project specific Health and Safety Plan with all
site workers .
7 . At least one week prior to any construction activity, the VA
shall notify MassDEP of the proposed schedule for construction.
MassDEP shall be advised of any significant proposed changes in
the schedule .
S . All work and materials shall comply with the Order of
Conditions issued by the Northampton Conservation Commission,
unless amended by the Commission in writing.
9 . Storm water controls shall be installed and maintained to
minimize and control runoff of storm water. Storm water controls
shall also prevent any eroded materials from discharging to the
wetlands or beyond the property limits.
10 . Any Asbestos Containing Materials (ACM) exposed during
construction shall be relocated to the designated cell locations .
Prior to relocation an Asbestos Notification Form shall be
prepared, submitted to MassDEP and approval shall be obtained.
11. Closure (construction of the landfill final cover system)
shall be completed in accordance with 310 CMR 19 . 112 Landfill
Final Cover Systems unless otherwise specifically approved in
writing by MassDEP.
12 . All final grades shall have a minimum top slope of 5 percent
and maximum sideslope of 3 : 1 horizontal to vertical and be
consistent with the approved final grading plan.
13 . The HDPE shall not be installed during ambient air
temperatures of 40 Degrees F or less .
14 . Testing of HDPE shall be in compliance with the submitted
specifications , however, test seams shall be made and tested at
the beginning of each workday for each seaming machine and at
least every 4 hours for each machine .
15 . No stakes or rebar shall be used to install survey control,
or siltation/sedimentation devices within 5 feet (vertical) of
the previously installed liner or cap. Any system employed shall
protect the landfill liner and cap.
Northampton VA Landfill Page 10 Of 15
Corrective Action Design
C. Environmental Monitoring
1 . In accordance with 310 CMR 19 . 132, the VA shall continue
environmental monitoring. In general environmental monitoring
shall be as outlined in Section 6 of the Application, entitled
"Environmental Monitoring Plan" and dated January 28, 2008 .
2 . Groundwater monitoring wells, surface water and leachate
locations shall be sampled and analyzed annually. The monitoring
shall be completed prior to March 1 of each year.
3 . Parameters
including:
(a)
(b)
(c)
(d)
(e)
shall include those listed in 310 CMR 19. 132 (1) (h)
Groundwater and surface water samples shall be analyzed
for dissolved metals .
VOCs, as outlined in 310 CMR 19 . 132 (h) (3&4) by EPA
Method 8260B plus methyl ethyl ketone, methyl isobutyl
ketone, acetone and 1, 4 dioxane,
SVOCs by EPA Method 8270C,
Pesticides by EPA Method 8081A, and
Unknown peaks having intensities greater than
times the background intensity shall be identified
4 . The VA shall sample and analyze ground water, surface water
and leachate (if present) at the following locations:
five
Six (6) ground water monitoring wells, MW1S, MW1D,
MW2S, MW3S, MW4S and MW4D.
One upgradient surface water sample (SW-4) at a
location to be determined,
Two surface water samples in close proximity to the
landfill footprint (SW-2 and SW-3) , and
One downgradient surface water sample downstream from
the 30" CMP culvert (SW-1) , and
Two (2) leachate samples (LC-1 and LC-2) , if present.
5 . Analytical methods used shall have detection limits below
the applicable Massachusetts Drinking Water Standards &
Guidelines or Massachusetts Surface Water Quality Standard. The
detection limit for 1, 4 dioxane shall be less than 3 . 0 ppb.
6 . Trip blanks shall be collected for VOC analyses .
7 . Water quality exceedances shall be reported within 14 days in
accordance with 310 CMR 19 . 132 (1) (i) .
8 . For groundwater and surface
applicable standards occur, the VA
with 310 CMR 19 . 132 (1) (j ) , unless
this Permit or approved by MassDEP.
(A) The resampling requirement shall not apply to the
secondary MMCLs, (i . e. iron and manganese) , unless
MassDEP specifically directs to resample.
water, if exceedances of
shall resample in accordance
specifically not required by
Northampton VA Landfill Page 9 Of 15
Corrective Action Design
" (5) Post-closure Requirements. During the post-closure
period the operator shall perform the following activities
on any closed portion of the facility:
(a) take corrective actions to remediate and/or
mitigate conditions that would compromise the integrity
and purpose for the final cover;
(b) maintain the integrity of the liner system and the
final cover system;
(c) collect leachate from and monitor and maintain
leachate collection system(s) ;
(d) monitor and maintain the environmental monitoring
systems for surface water, ground water and air
quality;
(e) maintain access roads -
(f) maintain landfill gas control systems;
(g) protect and maintain surveyed benchmarks; and
(h) have the landfill inspected by a third-party
consulting Massachusetts Registered Professional
engineer, or other qualified professional approved by
the Department, experienced in solid waste management,
in accordance with the post-closure plan.
(6) Reporting Requirements. 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 and inspections
by third-party consulting Massachusetts Registered
Professional engineers, or other qualified solid waste
professional approved by the Department, experience in solid
waste management as required at 310 CMR 19. 142 (5) (h) .
(7) Additional Measures. The owner, successors or assigns
shall institute such additional measures during the post-
closure period as the Department deems necessary for the
protection of public health or safety or the environment. "
3 . The landfill shall be monitored for erosion and settlement
and shall be maintained/repaired as required.
4 . The vegetative cover shall be mowed at least once a year.
5 . The VA shall comply with the post-closure use requirements
set forth at 310 CMR 19 . 143 (1) - (4) are hereby incorporated by
reference. In particular part 1, which requires :
"Applicability. Pursuant to M.G.L. c. 111, § 150A no site on
which a facility was operated shall be used for any other
purpose without the prior written approval of the
Department. "
Northampton VA Landfill Page 12 Of 15
Corrective Action Design
E. SUBMITTALS-Submittals required by this Permit include but are
not limited to the following:
1 . Construction schedule in accordance with Section A of this
Permit .
2 . Engineer' s weekly construction reports in accordance with
Section A. of this Permit .
4 . Financial Assurance
this Permit.
Mechanism as required by Section D of
5 . Closure Certification in accordance with Section A of this
Permit.
6 . Environmental Monitoring Reports and Notifications as
required by Section C of this Permit.
F. GENERAL PERMIT CONDITIONS
1 . This Permit pertains only to the solid waste management
aspects of the proposal and does not negate the responsibilities
of the VA to comply with any other local, state or federal laws
and regulations now or in the future. The VA is responsible for
obtaining any other local, state, and federal permits, which may
be necessary for the construction, operation, maintenance and
closure of this facility.
2 . This permit is issued subject
liability of the permittee, the
accordance with 310 CMR 19 . 043 (3) .
3 . The Contractor (s) and Engineer
this closure are also considered the
CMR 19 . 006, which states:
to the conditions of joint
owner and the operator in
(s) for the construction of
"Operator" as defined by 310
"Operator means any person who has care, charge or control
of a facility subject to 310 CMR 19. 000, including without
limitation, an agent, lessee of the owner or an independent
contractor. "
4 . The VA, Engineer(s) , the Contractor(s) , and subcontractors
shall comply with 310 CMR 19 . 015 Compliance, which states:
"No person shall construct, modify, operate or maintain a
facility except in compliance with a site assignment, permit
or plan approved by the board of health or the Department,
as applicable, and any authorizations issued by the
Department and all conditions included in a permit, approval
or authorization for said facility. "
5 . This permit application does not include any provisions for
any demonstration projects.
Northampton VA Landfill Page 11 Of 15
Corrective Action Design
(B) Resampling shall also not apply to groundwater
monitoring wells when the exceedances are consistent
with historical results, unless MassDEP specifically
directs the VA to resample.
(C) Retesting may be limited to the group of parameters
(indicator, inorganics, VOCs or SVOCs) for which
exceedances occurred.
9 . Results of all environmental monitoring shall be submitted
to MassDEP and the Northampton Board of Health within 60 days of
the scheduled sampling event in accordance with 310 CMR
19 . 132 (1) (f) and (4) (d) . The report shall include a written text
that summarizes the results, documents historical trends and
describes any exceedances of the Maximum Contaminants Levels
(MCLs and MMCLs) . The report shall also include tabular or
graphical presentation of the data including MCLs or other
applicable standards, detection limits, analytical data sheets
and historical summary (tabular or graphical) of past results for
each monitoring location.
10 . Landfill gas monitoring is not required at this time.
11 . The VA shall notify MassDEP of the existence of damaged or
destroyed environmental control systems or monitoring devices and
the extent of the damage and shall take the required actions in
accordance with 310 CMR 19 . 133 (1) (c) .
12 . Notification by the VA of any other damaged, destroyed, or
malfunctioned environmental control systems or monitoring devices
shall be within fourteen days as set forth at 310 CMR
19 . 133 (1) (e) .
13 . Based on the results of each sampling round, MassDEP will
evaluate the scope of the sampling program and reserves the right
to require additional investigations, including the installation
of additional groundwater monitoring wells, installation of
additional gas monitoring wells, an increase in sampling
frequency and/or the completion of additional sampling if deemed
necessary.
D. FINANCIAL ASSURANCE CONDITIONS
1 . The VA shall prepare and submit an estimate of the post-
closure costs as part of the Closure Certification submittal .
2 . The VA shall establish a Financial Assurance Mechanism, in
accordance with 310 CMR 19 . 051 .
3 . MassDEP may, at any time, cause the Financial Assurance for
post-closure to be amended in any manner based on changes in
Department regulations or policies, future estimates of post-
closure costs or as needed to assure adequate protection of public
health, safety or the environment.
Northampton VA Landfill Page 14 Of 15
Corrective Action Design
addition to MassDEP' s access authorities and rights under
applicable federal and state laws and regulations, as well as any
permits or other agreements between the Permittee and MassDEP.
15 . Compliance with any submissions required by this Permit will
be determined by the date of receipt or the post-marked date,
whichever is earlier. All verbal notifications shall be followed
by written notification within 48 hours of discovery. Unless
otherwise directed herein, all submissions to MassDEP required
pursuant to this Plan Approval shall be sent to:
Right to
aggrieved
under 310
review of
M.G.L. , c .
following
Section Chief, Solid Waste Management
Department of Environmental Protection
436 Dwight Street
Springfield, MA 01103
RIGHT OF APPEAL
Appeal- Pursuant
by the issuance of
CMR 19 .037 (4) (b)
said decision in
111, s . 150A and C
receipt of this dec
to 310 CMR 19 . 037 (5) , any person
this permit, except as provided for
, may file an appeal for judicial
accordance with the provisions of
. 30A not later than thirty [30] days
isi on.
Notice of Appeal- Any aggrieved person intending to appeal the
decision to the superior court shall provide notice to MassDEP of
intention to commence such action. Said notice of intention shall
include MassDEP File Number (08-214-018) 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 MassDEP 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 J. 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
Northampton VA Landfill Page 13 Of 15
Corrective Action Design
6 . No variances from any applicable regulations are sought by
the VA in this permit application.
7 . No transfer of this permit shall be permitted except in
accordance with 310 CMR 19 . 044 .
S . The VA shall construct, maintain and repair the final cover
system during the closure period and the post-closure period.
9 . The VA is responsible for ensuring that the closure is
performed in accordance with sound engineering practice .
10 . This Permit approves in part, the minimal disruption of
previously landfilled areas . All work associated with this Permit
shall be performed in a manner that does not create nuisance
conditions including dust, odors, litter and vectors .
Requirements of 310 CMR 19 . 130 Operation and Maintenance
Requirements shall apply to all work performed under this Permit.
In particular, Section 32 Disruption of Landfilled Areas,
paragraphs (c) , (d) and (e) .
11 . Notwithstanding the approval of the plans and reports
incorporated herein and the applicable regulations [310 CMR
19 . 100 et seq. , Part II- Landfill Design and Operational
Standards] in effect on the date this permit is issued, MassDEP
may order the VA to take all necessary actions to comply with the
provision of 310 CMR 19 . 140 including, without limitation, the
submission of plans, reports and monitoring data; financial
assurance and modifications of approved operating, maintenance
and environmental monitoring procedures .
12 . MassDEP reserves the right to require design and/or
construction modifications to the approved plans, and to rescind,
suspend or modify this permit by the imposition of additional
conditions based upon evaluation of landfill performance, a
determination of actual or the threat of adverse impacts from the
construction, operation, maintenance or closure of the facility.
13 . MassDEP has determined that the filing of an Environmental
Notification Form ( "ENF" ) with the Secretary of Environmental
Affairs, for solid waste management purposes, was not required
prior to this action by MassDEP. Notwithstanding this
determination, the Massachusetts Environmental Policy Act and
Regulation 301 CMR 11 . 00, Section 11. 04 provides certain "Fail-
Safe Provisions" which allow the Secretary to require the filing
of an ENF and/or Environmental Impact Report at a later time .
14 . MassDEP and its agents and employees shall have the right to
enter upon the site at all reasonable times and without notice, to
inspect the landfill and any equipment, structure or land located
thereon, take samples, recover materials or discharges, have
access to and photocopy records, to perform tests and to otherwise
monitor compliance with this Permit and all environmental laws and
regulations . This right of entry and inspection shall be in
Northampton VA Landfill Page 15 Of 15
Corrective Action Design
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.
If you have any questions concerning this matter, please contact
Charles Clines of this office at (413) 755-2120 .
Sincerely,
Daniel Hall
Section Chief,
Solid Waste Management
DH/CAC/cac
21418cad.0408
CERTIFIED MAIL, 7007 0710 0003 2180 9452
cc: Board of Health, City of Northampton
Mark Deuger, Advanced Environmental Solutions, Inc.
90 Madison Street, Suite 605,Worcester, MA 01608
Smith Vocational, 80 Locust Street, Northampton, MA 01060,
Attn: David Bourbeau