Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
OF Department of Environmental Protection
Western Regional Office + 436 Dwight Street, Springfield MA 01103 «413-784-1100
Charles D. Baker Matthew A. Beaton
Governor Secretary
Karyn E.Polto Marin Suuberg
Lieutenant Governor Commissioner
Board of Selectman
Town of Holland |
‘Town Hall
27 Sturbridge Road
Holland, MA 01521
Re: NOTICE OF NONCOMPLIANCE: NON-WE-15-4005
‘Noncompliance with M.G.L. Chapter(s) |
M.G.L. ¢. 21A, §§ 2 and 8 and. 111, § 150A and 310 CMRI9. 000
At Town of Holland Closed Landfill MassDEP Facility
f ty ID #39360
East Brimfield Road SWM File # 15-135-001
Holland, MA 01521
Dear Members of the Board:
Department of Environmental Protection (“MessDEP”) personnel have observed or determined
that on June 1, 2015, activity occured at the Town of Holland Closed Landfill, in noncompliance
with one or more laws, regulations, orders, licenses, permits, or approvals enforced by MessDEP.
}
Enclosed please find a Notice of Noncompliance, an important legal document describing the
activities that are in noncompliance,
Ifyou have any questions regarding this matter, please contact Charles Clines of this office at (413)
755.2120.
Sincerely,
oleh Ne an
Daniel Ball
Section Chief, Solid Waste Management
Bureau of Air and Waste |
DNICACIeae |
Enolosure
|
Certified Mail #7015 0640 0005 7966 2725
cc: Board of Health
“This information is avatabe in alterna format. Cll Michele Waters-Ckanom, OWersty Decor, at 617-292-5751, TTV#MassRelay Service 1-800-488-2370
MazsDEP Wet: wemmaea govcep
ted on Recyeled PaperHolland Landfill
‘NON-WE-15-4005
Page 1
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL
CONSEQUENCES.
Based on the Department of Environmental Protection's (“MassDEP”) investigation as of
June 1, 2015, noncompliance occurred or was observed at Town of Holland Closed Landfill, in
violation of one or more laws, regulations, orders, licenses, permits or approvals enforced by
MassDEP.
This Notice of Noncompliance describes () the requirement violated, (2) the date and place on
‘which MassDEP asserts the requirement was violated, (3) either the specific actions which must
‘be taken in order to retum to compliance or direction to submit a written proposal describing
‘how and when you plan to return to compliance, and (4) the deadline for taking such actions or
submitting such a proposal.
Ifthe required actions are not completed by the deadlines specified below, an administrative
penalty may be assessed for every day after the date of receipt of this Notice that the
noncompliance occurs or continues. MassDEP reserves its rights to exercise the full extent of
its legal authority in order to obtain full compliance with all applicable requitements,
including, but not limited to, criminal prosecution, civil action including court-imposed civil
penalties, or administrative action, including administrative penalties imposed by MassDEP.
‘NAME OF ENTITY(S) IN NONCOMPLIANCE:
‘Town of Holland Closed Landfill, Facility ID # 39360
(hereinafter referred to as the “Town”)
LOCATION(S) WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
Town of Holland Closed Landfill
East Brimfield Road
Holland, MA 01521
DATE(S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
June 1, 2015
DESCRIPTION OF NONCOMPLIANCE:Holland Landfill
NON-WE-15-4005
Page 2
1. OnDecember 21, 2001, the Department issued a permit amendment (“Permit”) to the
Town of Holland for the post closure environmental monitoring program of the
Landfill, which required environmental sampling to be preformed prior to July 31 and
Tamuary 31 of each year.
2. On April 26, 2005, MassDEP executed an Administrative Consent Order with penalty
(ACOP) with the Town of Holland. The ACOP addressed the Town's failure to
perform environmental monitoring at the landfill. The ACOP required that the Town
perform the following tasks, conditions IV.3. C., D, and E.:
C. —_Byno later than each subsequent January 31 and July 31, the Town shall
cause environmental monitoring samples to be taken at the Landfill in
accordance with the Permit and 310 CMR 19.132;
D. Within 60 days of the date of sampling, reports for groundwater and landfill
‘gas monitoring, in compliance with the Permit, 310 CMR 19.000 and this
Consent Order, shall be prepared, submitted to and received by the
Department; and
E. ~The Town shall report any Landfill gas exceedances to the Department in
accordance with 310 CMR 19.132 Environmental Monitoring Requirements.
‘MassDEP has not received environmental monitoring reports for the periods ending July 31,
2014, or January 31, 2015.
‘The Department's investigation shows that Town had the following violations:
1. 310 CMR 19.008: Accurate and Timely Submittals, section (2) which requires:
(2) Timely Submittals. Any application, document, information or statement which
any person is required to submit to the Department shall be submitted within the time
period prescribed in 310 CMR 19.000, or any permit, order or approval issued by the
Department unless otherwise specified by the Department.
2, 310 CMR 19.015: Compliance which requires:
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.
3. 310 CMR 19.132 Environmental Monitoring Requirements, part (2) Surface and
Ground Water Monitoring, sections (d) which requires:
(@) The owner/operator shall conduct surface and ground water monitoring on a
schedule established in the permit or as required by Department. At a minimum
monitoring shail be performed semi-anrually except as required pursuant to 310 CMRHolland Landfit
NON-WE-15-4005
Page 3
19,132(2M(¢), unless the Department approves, in writing, a different frequency of
sampling.
ACTION(S) TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION(S):
The following action(s) to be taken have individual deadlines associated with them. ‘The Town.
shall take the necessary steps to correct the violations within the specified deadlines as noted and
shall return to compliance with the requirements described below. MassDEP’s regulations at
310 CMR 5.09 presume that you receive this Notice of Noncompliance, if delivered by regular
‘ail, three business days after it was issued (j.,, the date of the cover letter).
1 ‘The Town shall comply with the conditions of the December 21, 2001 Permit
and the April 26, 2005 ACOP.
2. ‘Within fourteen (14) calendar days from the date of receipt of this Notice, the
‘Town shall submit to MassDEP a written description of each of the actions taken to
correct the violations noted above as well as a status report of any corrective actions
planned or being taken to achieve or maintain compliance. Any and all supporting
documentation shall be included with the response to MassDEP.
3. Within thirty (30) days of the date of this Notice, the Town shall contract with a
(qualified environmental firm for the performance of the environmental monitoring.
4. . The Report for the next round of environmental monitoring shall be submitted to
MassDEP not later than September 1, 2015.
5, In accordance with the Permit and ACOP, sampling for the future environmental
‘monitoring rounds shall be completed prior to January 31 and July 31 of each year with
the Report submitted with 60 days of the date of sampling,
Please address your reply to this Notice of Noncompliance to Daniel Hall at this office.
pue:_6 51 5 So.f ter
Daniel Hall
Section Chief, Solid Waste Management
Bureau of Air and Waste
DH/CAC/cac
135tenvmon,0615Town of Holland, Board of Health
S are 27 Sturbridge Road
Wars, = Holland, MA 01521
Vey wO
Danie! Hall
Section Chief, Solid Waste Management
Bureau of Air and Waste
Re: NOTICE OF NONCOMPLIANCE NON-WE-15-4005
June 25", 2015
Mr Hall,
This letter is to notify you that a contract has been signed with ENVIRONMENTAL COMPLIANCES }
SERVICES, INC 588 Silver Street Agawam, MA. i
Project 01-204330.15.00.P, dated 6/22/2015 at a cost of $6,500.00 per year.
‘The town’s contract will be effective July, 2015 ~June 30, 2016. Contact person for Environmental
Compliances Services, Inc. is Todd Donze. His contact number is 413-789-3530.
| apologize for the Town of Holland and the Holland Board of Health. The Holland Board of Health has
gone thru many staff changes in the last 10 months. As is evident, things had to change. I can assure
you, as long as | am on the board. This will not happen again. Hf you have any questions, please feel free
to call me at my home @ 413-335-9880.
Ken Ference
Chairman
‘Town of Holland, Board of Health