This column focuses on noteworthy enforcement actions taken by MassDEP’s Bureau of Waste Site Cleanup from July through September 2005.  The statements of fact below are MassDEP allegations and have not necessarily been admitted to by the parties subject to enforcement.  Additional information about enforcement actions is available on MassDEP’s web page: www.mass.gov/dep/public/press/enforce.htm

Failure to Notify

• MassDEP entered into an agreement for a $9,400 penalty with the former owners of a property where a site is located. The former owners had knowledge of a reportable release of hazardous materials due to a prospective buyer’s pre-purchase assessment conducted in 1998.  They made no attempt to notify MassDEP of the release. MassDEP received notification from the current owner in 2005. The current owner is conducting response actions at the site.  ACOP-SE-05-3E007
  
  
• MassDEP entered into an agreement for a $20,000 penalty with a heating oil delivery company for Waste Site Cleanup violations involving a release of oil at a residence.  The company failed to report a release subject to 2-hour notification, failed to conduct Immediate Response Actions (IRA), and failed to properly store hazardous waste. The release occurred in January 2005 during an oil delivery to a residence. A faulty delivery hose sprayed fuel oil onto the property and the residential structure.  It came to the attention of MassDEP when the representative from the homeowner’s insurance company reported the release two weeks later. Nearly 1,600 gallons of contaminated water and more than eight tons of contaminated soils were removed from the site prior to notification. ACOP-NE-05-3E001S
  
  
• MassDEP entered into an agreement for a $17,250 penalty with two Potentially Responsible Parties, the manufacturer and the owner of equipment, for failing to provide timely notification of a release of liquid and gaseous anhydrous ammonia to the environment at the manufacture’s facility.  A malfunction of the equipment caused the release of 81-99 gallons or 437-538 pounds of ammonia.  The release occurred at midnight and MassDEP was not notified until 3 pm the following day.  In addition to paying the penalty, required response actions have been completed and a Response Action Outcome (RAO) has been submitted.  ACOP-SE-05-3E009 and ACOP-SE-05-3E010

Enforcement from Audits

• MassDEP entered into an agreement for a $1,500 penalty with a school district for violations of the MCP encountered during an audit of a Remedy Operation Status (ROS) Submittal.  The school district failed to adequately assess the site, failed to identify and report the existence of a Substantial Release Migration condition, and failed to meet the performance standards for maintaining ROS Status in relation to a release of oil at the site.  Concentrations of petroleum hydrocarbons within 30 feet of an occupied structure exceeded GW2 standards for groundwater.  In addition to paying the penalty, the school district agreed to correct the violations in a timely manner.  ACOP-CE-05-3A008

• MassDEP entered into an agreement for a $15,000 penalty with a car dealership for MCP violations.  Specifically, the car dealership was found to have made false statements in the RAO submitted to MassDEP.   The RAO submittal stated that a stockpile of contaminated soil had been properly removed and disposed when, in truth, the contaminated soil stockpile had been inappropriately spread over the site.  In addition to paying the penalty, the company agreed to correct the violations.  ACOP-NE-05-3A017

Deadline Enforcement

• MassDEP issued a $30,000 unilateral penalty to the manufacturer of an above ground heating oil storage tank installed at a residence.  MassDEP believes that the newly installed tank was defective; several holes were detected at the bottom of the tank that caused a release of heating oil at the residence.  The tank manufacturer failed to perform required response actions by the one-year Tier Classification deadline at the site. PAN-WE-05-3005

• MassDEP entered into an agreement for a $30,000 penalty involving a car salvaging company for Waste Site Cleanup and Hazardous Waste violations. The company agreed to conduct Immediate Response Actions and return to compliance with Hazardous Waste management requirements.   MassDEP agreed to suspend a portion of the penalty provided all terms of the agreement are met.  ACOP-NE-05-9006-2

• MassDEP entered into an agreement for a $43,984 penalty with a large oil company for violations of the MCP.  Specifically, the design of a treatment system failed to adequately capture volatile organic compounds (VOCs), which may have caused impacts to indoor air at a nearby commercial building.  This condition required implementation of an IRA and the termination of ROS.  In addition to paying the penalty, the company agreed to implement additional response actions in a timely manner.  A portion of the penalty was suspended pending compliance with an aggressive cleanup schedule in the agreement.  ACOP-WE-05-3010

• MassDEP issued a $21,156 unilateral penalty to a fuel oil retailer for failing to remove several hundred cubic yards of contaminated soil stockpiled for more than 120 days at their facility.  The soils were excavated in February 2005.  MassDEP issued a Notice of Noncompliance on June 13, 2005 granting a 21-day period to take action, but the company failed to comply. On July 22, 2005, the company initiated disposal of 10 to 20 tons of soil per day, but would not agree to expedite soil removal.   PAN-CE-05-3E003