HomeMy WebLinkAboutGifford Bros. Sand Gravel - DEP CSA ApprovalCommonwea lt h of M assa chu setts
Exec ut ive Offi ce of Ener gy & Env ir onm ental Affa irs
Department of Environmental Protection
Southeast Re gion al Offi ce • 2 0 Riv ersid e Drive, Lakevill e M A 0 2347 • 508 -9 4 6 -2700
Charles D. Baker
Gove rn or
Karyn E . Polito
Lieutenant Governor
September 27, 2019
Christopher Keyes
Gifford Brothers Sand & Gravel , Inc.
44 ASA Meiggs Road
Sandwich MA 02563
RE: FINAL PERMIT APPROVAL WITH CONDITIONS
Application for: BWP SW 23 COMPREHENS IVE SITE ASSESSMENT
Application No. 19-SW23-000002
Authorization No. SW23-0000003
AT: Gifford Brothers Sand & Gravel
810 Wakeby Road
Barnstable, MA 02648
Facility Identification No. 30 1279
Dear Mr. Keyes:
Kathleen Theoharides
Secretary
Martin Suuberg
Commissioner
The Massachusetts Department of Environmental Protection, Solid Waste Management Section
(the "MassDEP") has completed its admini strat ive a nd technical re view of the Comprehensive
Site Assessment (the "CSA") permit application for Gifford Brothers Sand & Gravel at 810
Wakeby Road Barnstable (or "Site"). As a result, the MassDEP has determined the permit
app li cation is administrative ly and technically complete and hereby approves the Comprehensive
Site Assessment subject to the conditions specified herein.
I. SUBMITTALS:
MassDEP has reviewed the permit application (the "CSA" or "Application") pursuant to 3 10
CMR 19.000 Solid Waste Regulations, 3 10 CMR 19.150 Landfi ll Assessment Requirements and
MassDEP's Landfill Technical Guidance Manual, May 1997 (th e "Manual").
Thi s i nformation i s available in al ternate format. Call Michelle Waters-Ekanem , Di versity Director, at 617 -292-5751. TT Y# MassRe l ay Serv i ce 1-800-439-2370
Mass DEP W ebsite: www.mass.gov/dep
Pr inted on Recycled Paper
September 27, 2019
Page 2 of6
Comprehensive Site Assessment Permit Approval
Gifford Brothers Sand & Gravel, Inc. -810 Wakeby Rd Barnstable
The following documents were submitted on behalf of and represent the complete Application
reviewed by MassDEP under 310 CMR 19.000 Solid Waste Management Regulations including:
1) A completed BWP SW-23 application form;
2) A completed Proof of Record form;
3) A Project Report/Narrative;
4) Site Plans;
5) Baseline Risk Assessment; and
6) Sampling and Analysis Plan
The Application was submitted electronically via the Massachusetts Executive Office of Energy
and Environmental Affairs ePlace P011al at https://permitting.state.ma.us/CitizenAccess/ on May
21, 2019, 2019 by Sitec Environmental, Inc. (the "Consultant") on behalf of Gifford Brothers
Sand & Gravel, Inc ("Applicant" or "Owner").
The Application may be reviewed on line at https ://eeaonline.eea.state.ma.us/EEA/PublicApp/
using the "advanced search" link with an "approved" authorization status and the "solid waste"
category.
II. BACKGROUND AND PROJECT DESCRIPTION
The CSA Application has been prepared by the Consultant on behalf of Gifford Bros . to achieve
final closure of the solid waste handling and storage operations that took place hi s torically at the
Site. Specifically, this CSA provides a description of the assessment work that was conducted to
demonstrate that there are no longer any sources of contamination or adverse impacts associated
with historical site operations. Historically, the Site was used: as a wood waste reclamation
facility (i.e., stump dump); for the storage and processing of asphalt, brick and concrete
("ABC"); and as storage of accumulated junk vehicles, tires and miscellaneous debris.
Fut1hermore, submittal of this CSA Application meets conditional requirement No. 11 in the
Department's Provisional Corrective Action Design Permit Approval , Transmittal No. W097656
("CAD") issued to Gifford Bros. on January 30, 2007 which required the owner to submit a
CSA for review and approval in accordance with 310 CMR 19.150: Landfill Assessment
Requirem ents. Gifford Bros. submitted the CAD Permit Application in order to obtain approval
for the final closure of the Site pursuant to Massachusetts Solid Waste regul ations. The CAD
outlined clean-up activities that were required to be implemented by the owner to address the
accumulation of solid waste associated with historic operations at the Site. The background and
specific details of the various solid waste handling activities were included in the CAD approval.
In the CSA Application, the owner reported on the extensive cleanup efforts that were conducted
to comply with th e CAD and facilitate Site closure.
Gifford Brothers Sand & Gravel was a former gravel pit that ceased operations during the
1980 's, but continued to operate as a solid waste handling facility that accepted various solid
waste materials including ABC, wood waste, construction and demolition materials . It also
served as a junk yard for the storage of junk cars. The Site is located at 810 Wakeby Road in
Septemb er 27, 20 19
Page 3 of6
Co mprehens ive Site Assessment Permit Approval
Gifford Brothers Sand & Gravel, Inc. -8 IO Wake by Rd Barn stable
Barnstable and is comprised of approximately 19.3 acres. There are no permanent structures
located on the Site and approximately one third ( 1/3) of the Site is undisturbed w oodland s . The
remaining 2/3 of the Site was used for the hi s toric solid waste handling operations that are the
s ubject of this and the prev ious CAD approval. Land use within the vicinity of the Site includes
res idential , li g ht commercial or undi s turbed woodlands. Prope rties to east and north are
residences located along Dove Lane, Mockingbird Lane and Long Pond Road in Mars ton Mill s.
There are also residences located to the south of the Site on Wakeby R oad and located to the
west of the Site are a communications tower, dog kenne l and reside nces on Meiggs-Backus Road
in the Town of S a ndwich.
Receptor Information
The Site is located in a "Potential Drinking Water Source Area" (i.e., potentially productive
aquifer) and "Curre nt Drinking Wate r Source Area" (i.e., Zone II of a public water s uppl y). As
pait of the CSA , the Gifford Bros. evaluated pri vate we ll s within 5 00 feet of the s ite potentially
affected b y hi storic so lid waste operations at the Site a nd id e ntified seve ral residences
dow ngradient of the Site that maintain private wells. The testing of the se wells is reported in
Section III of thi s approval.
III. COMPREHENSIVE SITE ASSESSMENT SUMMARY
Gifford Bros. proceeded w ith s ubsta ntial cleanup activities in 2007 to remove a nd handl e all
solid waste de bri s a nd wastes identified in the CAD. A summary of these cl eanup effo1ts a re
included below:
• Junk vehicl es and s urface d ebris were consolidated a nd rem oved from the Site for proper
disposal a nd recycl in g including the recyc ling of metal car parts and di sposal of other
debri s;
• Stockpiled tires we re shipped to a tire recyc le r off-site;
• The previously unprocessed ABC debris was processed on s ite and later removed from
the Site;
• The stump dump material was excavated, scree ned a nd c hipped to make it avail a bl e for
on or off-site use;
• As part of m onitoring activ ities , the e ntire s ite was inspected to id entify a ny physical
s ig ns of contaminatio n in the debris and soil s including identi fy ing a reas that have
s ta ining or odors.
CSA ACTIVITIES
The Cons ultant performed CSA act iviti es to demonstrate the c leanup efforts were successful in
removing a ll so lid and residual wastes from th e Site by; conduct ing a n evalu ation of so il s at the Site,
in paiticular, in the a reas w he re so lid waste ha ndling took place to confirm contamination was not
present in the soil , a nd a human health risk assessment to identify an y potential risks to human
health through test ing of gro und water in private well s hydraulically downgradient and in the
vicinity of the Si te.
September 27, 2019
Page 4 of6
Evaluation of On-Site Soils
Comprehens ive Site Assessme nt Permit Approval
Gifford Brothers Sand & Gravel, Inc. -810 Wake by Rd Barns table
The Consultant conducted testing of soils specific to areas at the Site where solid waste materials
had been handled to determine concentrations of oil and hazardous materials, if any, in the soils.
Each target area was divided into grids and composite soils were collected and tested for site
specific contaminants of concern ("COCs") based on site history and use including Volatile Organic
Compounds, Semi-Volatile Organic Compounds, Polychlorinated Biphenyls, Total Metals and
Total Petroleum Hydrocarbons. Additional samples were proposed to be collected if initial samples
indicated contamination was present. Each sample was also evaluated for Volatile Organic
Compounds using a photoionization detector ("PID").
Sampling results were then compared to the Massachusetts Contingency Plan ("MCP") Method 1 S-
1/GW-1 standards ("standards") to determine the degree of contamination, if any, in the soils
relative to the state's cleanup standards. No PIO readings exceeded 4 ppm and no laboratory
sample exceeded the standard for any COC. As a result, the Consultant concluded that the soils
were not impacted by any waste or residual contamination and that the cleanup efforts were
successful in removing all wastes from the Site.
Human Health Risk Assessment
The Consultant identified three residences on Wakeby Road hydraulically downgradient of the Site
that maintain private wells and performed testing of them as part of a human health risk assessment.
These locations include 750, 770 and 780 Wakeby Road in Barnstable. The wells we re te sted for
all the COCs and all COC concentrations were detected below their respective MCP GW-1
standard. Based on the groundwater and soils testing results, the Consultant concluded that the Site
does not pose any curre nt or future risks to human health. The Consultant also teste d the irrigation
well that exists at the Site for COCs and the results revealed no exceedances of the MCP GW-1
standard.
In s ununary, Gifford Bros. has concluded that the cleanup effo1ts and asse ssment act1V1tl es
conducted by Gifford Bros . Sand & Gravel demonstrate that the Site is no longer a solid waste
facility and there is no residual contamination from historic solid waste operations that warrants
fu1ther mitigation and/or as sessment.
MassDEP Conclusions
The Department has determined that Gifford Brothers Sand & Gravel does not require any
further assessment and/or corrective actions for the solid waste handling and storage operations
that took place his torically.
September 27, 2019
Page 5 of 6
IV. PERMIT DECISION:
Co mpre hensive Site Assessment Permit Approval
Gifford Brothers Sand & Gravel, Inc . -810 Wakeby Rd Barnstable
MassDEP has determined that the CSA application is satisfactory and in accordance with its
authority granted pursuant to Massachusetts General Law, .Chapter 111, Section 150A, and 310
CMR 19.000 and hereby approves the Application subject to the following conditions .
1. Permit Limitations: This Permit Approval is limited to the Comprehensive Site Assessme nt
permit application for Gifford Brothe rs Sand & Gravel and does not relieve Gifford Bro s. from
the responsibility to comply with all other local, state or federal regulato1y or permitting
requireme nts.
2. Reservation of Rights: MassDEP reserves the ri ght to rescind, suspend, or modify or require
additional assessment and/or action, as deemed necessary, to protect and maintain the
environment fre e from obj ectionable nui sance conditions, dangers or threats to public health or
the environment.
REVIEW OF DECISION:
Pursuant to 310 CMR 19.033(4)(b), if the Applicant is aggrieved by the Department's permit
decis ion, within 21 days of the issuance of the Department's permit deci s ion to the Applicant, may
file a written reques t, with the appropriate regional office of the Department, tha t the permit
decision be deemed a prov isional decision, and a written statement of the bas is on w hi ch the
Applicant believes it is aggrieved, together with any supp011ing materials. Upon time ly filing of
such a request, the permit d ecision shall be deemed a prov isional decision. Such a request s ha ll
r eope n the administrative record , and the Departme nt shall issue a fin a l pe rmit d ecision after the
end of the comment period. Failure by an Applicant to exercise the ri ght prov ided in 310 CMR
19.033(4)(b) s hall constitute a waiver of the Applicant's ri g ht to appeal.
RIGHT OF APPEAL
Right to Appeal -This approval has been issue d pursuant to M.G.L. C hapter 111 , Section 150A,
and 310 CMR 19.033: Permit Procedure for an Application for a Permit Modification or Other
Approval -of the "Solid Waste Managem ent Regulati on s". Pursuant to 3 10 CMR 19.033(5)(a),
any pe rson aggrieved by the final permit decis ion, except as provide d for unde r 310 C MR
l 9.033(4)(b), may fil e an appeal for judic ial review of said permit deci s io n in accordance with
the provisions of M .G.L. c. 111 , § 150A and M.G.L. c. 30A no la ter than 3 0 days following the
date of issuance of the final permit decis ion to the Applicant. The standing of a perso n to fil e an
appeal a nd th e pro cedures for filing s uch a n appeal s hall be governed by the provisions of
M.G .L. c. 30A. Unl ess the person re questing an appeal request s and is g ranted a stay of the
terms and conditions of the final permit decision by a com1 of competent jurisd iction, the final
pe rmit decis ion shall be effec ti ve in accordance with 310 CM R 19.033(3).
Notice of Appeal -A n y aggrieved person inte nding to a ppea l a fin a l permit dec is ion to the
Superior Court s hall first provide notice of inte nti on to commence s uc h action. Said notices of
intention s ha ll include the Departme nt 's Authorization No. SW23-0000003 and s ha ll id e ntify
with paiticularity the issues a nd reaso n why it is believed the fin a l pe rmit decis ion was not
September 27, 2019
Page 6 of6
Comprehensive Site Assessment Permit Approval
Gifford Brothers Sand & Gravel, Inc . -810 Wakeby Rd Barnstable
proper. Such notice shall be provided to the Office of General Counsel of the Department and
the Regional Director for the regional office which processed the permit application, if
applicable, at least five days prior to the filing of an appeal.
Office of General Counsel
Department of Environmental Protection
One Winter Street
Boston, MA 02108
Millie Garcia-Serrano, Regional Director
Department of Environmental Protection
20 Riverside Drive
Lakeville, MA 02347
No allegation shall be made in any judicial appeal of a final permit decision unless the matter
complained of was raised at the appropriate point in the administrative review procedures
established in 310 CMR 19 .000, provided that a matter may be 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 environmental
impact of the permitted activity.
Please direct any questions regarding this matter to me at (508) 946-2847 or to Doug Coppi at (508)
946-2833, or write to the letterhead address. Refer to Authorization No. SW23 -0000003 in any
correspondence to this office regarding this project.
Very truly yours,
Mark Dakers, Chief
So lid Waste Management Section
DIDC
W:\BA \\/\So lid Waste\! MUNlC lPALITlES\Barn stable\GiITord S&G\CSA Pennil 19-SW23 -000002-APP\GiITord Broth ers Sand & Gravel CSA
Approval.docx
ec: Ray Quinn -SITEC ENVIRONMENT AL, Inc.
rayquinn@sitec-engineering.com
Barnstable Board of Health
health@town.bamstable.ma. us
DEP-SERO
ATTN: S.Pickering
M. Dakers
DEP-BOSTON
ATTN: J. Fischer
T.Adamczyk
Massachusetts Department of Environmental Protection
One Winter Street, Boston MA 02108 • Phone: 617-292-5751
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