Level II Audits for January through March 2006:

MassDEP completed Level II (LII) audits and issued Notices of Audit Findings (NOAFs) at 73 sites between January and March 2006.  Thirty-two Notices of Noncompliance (NONs) were issued, together with MassDEP's findings.  LII audits of interest between January and March 2006 include:

1.   MassDEP completed a LII audit of a bioventing system at a disposal site in Remedy Operation Status (ROS) and issued a Notice of Audit Finding (NOAF)/ Notice of Noncompliance (NON), which concluded that response actions were not performed in compliance with the requirements of the Massachusetts Contingency Plan (MCP).  The inspected remedial system consists of a blower, 36 air injection points, and nine vapor monitoring points.  Operation, maintenance & monitoring (OMM) activities include monthly monitoring of carbon dioxide and oxygen levels, field measurement of oxidation/reduction potential, dissolved oxygen, temperature, pH and conductivity; and periodic soil and groundwater monitoring at selected locations for analysis of TPH, EPH and TOC, to assess the effectiveness of the bioventing.  Through its audit, MassDEP noted that an LSP Opinion was not included with the ROS submittal; that the ROS submittal did not indicate how the bioventing remedial system meets the ROS performance standard criteria; and that Operation, Maintenance, & Monitoring activities were not conducted in a timely manner and did not contain sufficient field data.  MassDEP required correction of the identified violations within a specified timeframe.  (Williamstown, RTN 1-00367, NON-WE-05-3A133, January 3, 2006) 

2.   MassDEP completed a LII audit of a groundwater recovery and treatment system at a disposal site in ROS and issued a NOAF/NON, which concluded that response actions were not performed in compliance with the requirements of the MCP.  The inspected remedial system consists of one recovery well that feeds directly into a 300-gallon holding tank which, when full, is pumped to an air stripper.  Liquid effluent from the stripper goes through an open-topped wet well into two 200-pound liquid granular activated carbon canisters piped in parallel before discharging to a stream.  The system was operational on the day of the inspection.  During the system inspection, MassDEP noted that untreated water was leaking from pipes between the holding tank and air stripper, allowing an untreated discharge from the system in violation of the MCP.  MassDEP required upgrading the remedial system to comply with all MCP requirements, including upgrading the piping so that existing leaks are eliminated.  (Ashland, RTN 3-0519, NON-NE-05-3R081, January 10, 2006) 

Level III Audits for January through March 2006:

MassDEP completed Level III audits and issued NOAFs at 57 sites between January and March 2006.  Thirty-five NONs were issued with MassDEP's findings.  LIII audits of interest between January and March 2006 include: 

1.   The subject property currently operates as a gasoline sales station and formerly included service between 1950 and 1987.  The property is situated in the "V" of the intersection of two large roads and is surrounded by residential and commercial properties.  In 1990, a release of gasoline was detected during the removal of four 4,000-gallon underground storage tanks (USTs).  Approximately 900 tons of gasoline-impacted soil was removed during the excavation.  2,800 gallons of groundwater were treated and discharged to a nearby catch basin under NPDES permit exclusion.  A Phase I Site Investigation and Tier Classification were submitted to MassDEP in August 1997.  The site was classified as Tier II.  In 2001, MassDEP received a Class A-3 Response Action Outcome (RAO) and Activity and Use Limitation (AUL) supported by a Method 3 risk characterization.  MassDEP issued an NOAF/NON concluding that the RAO submittal was not in compliance with MCP requirements and required additional response actions. Through its audit, MassDEP noted the following: a) Although the previous investigations indicted that subsurface utilities in the adjacent roads were unlikely to act as significant migration pathways, it was not clear if actual analysis was conducted along various active and abandoned utilities to determine if they are acting as migration pathways; b) although a soil gas investigation was conducted to assess if the release is likely to result in a significant impact to indoor air at the adjacent residential dwellings, the distances to the residential dwellings from the leading edge(s) of groundwater contamination were not described or depicted in the reports; c) one round of groundwater data was used for the risk characterization; d) average concentrations used to calculate risk from soil and groundwater contamination could not be mathematically verified against data provided in the reports; e) although disturbance of soil located at 3 to 8 feet below grade is specifically prohibited by the AUL, no justification was provided for not restricting access to soil at 0-3 feet where elevated levels of contaminants are also present in a localized area within the AUL area; and f) although elevated levels of groundwater contaminants were identified in a downgradient "test" well, data from this well was not used in the risk characterization and the well location was not included in the disposal site / RAO boundary.  MassDEP required submittal of a revised RAO that addresses the violations identified and meets the requirements of the MCP within a specified timeframe, or Tier Classification of the site to continue response actions.  (Taunton, RTN 4-001209, NON-SE-06-3A007, February 08, 2006). 

2.   The subject property is occupied by a three-story building recently converted to apartments.  The first floor of the building is used for automobile parking, as required by the town zoning regulations.  A Street on one side and residential properties on the other three sides surround the property.  The property operated as a gasoline filling station and automobile repair garage since the early 1900's.  In 1999, three gasoline USTs were removed from the northwestern corner of the property.  In June 2000, MassDEP was notified of a "120-day" release condition based on the results of soil and groundwater sampling.  In response to the release, a Release Abatement Measure (RAM) was conducted, which included injecting bioremediation agents and nutrients into the ground in the former UST area.  Additional RAM activities involved removing approximately 260 tons of contaminated soil.  Post-remedial sampling indicated that gasoline contamination remained in the subsurface at the former UST location.  In 2003, MassDEP received a Class A-2 RAO supported by a Method 3 risk characterization.  Through its audit, MassDEP noted that risk due to inhalation of contaminated vapor was calculated considering a 6 ml plastic sheet and two-inch concrete layer on the first floor as a vapor barrier.  However, in order to maintain a condition of No Significant Risk, as concluded in the RAO report, an Activity & Use Limitation (AUL) would need to ensure that the barrier is periodically maintained and works effectively to prevent contaminant vapor from migrating into indoor air at concentrations that could cause a significant risk to residential receptors.  No AUL was prepared or recorded with the RAO.  MassDEP required submittal of a revised RAO and preparation and recording of an AUL within a specified timeframe.  (Chelsea, RTN 3-19648, NON-NE-06-3A013, February 13, 2006).