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 PaperHolland 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 CMRHolland 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,0615Town 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