DEP Tells DCAM to Hold Off & to Meet with Town Week of 8/22/11

DEP wrote this letter to DCAM today about the MSH clean plan and up timing.

COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Central Regional Office, 627 Main Street, Worcester, MA 01608

Commonwealth of Massachusetts
Division of Capital Asset Management
One Ashbmton Place
Boston, MA 02108
Attention: John O’Donnell
Deputy Director
Re: CRWSC – Medfield
45 Hospital Road
FOlmer Medfield State Hospital
RTN 2-3020799
Immediate Response Action Plan
310 CMR40.0000
M.G.L. c.21E

Dear Mr. O’Donnell:

On July 20,2011, the Massachusetts Department of Environmental Protection (MassDEP) received a “Draft Immediate Response Action Plan” for the Construction and Demolition Area (the “C&D Area”) at the fOlmer Medfield State Hospital. The Immediate Response Action (IRA) Plan proposes excavating contaminated soil and debris, emplacing a temporary sediment cap within the
adjacent Charles River, and reconstructing the river bank to eliminate continued leaching and/or erosion of soil resulting in petroleum contamination of sediment that has is or likely to result in impacts to surface water as a condition of Substantial Release Migration (SRM).

Pursuant to 310 CMR 40.0414(7), the Massachusetts Contingency Plan does not allow construction of a cap 01′ engineered barrier as part of a Permanent Solution unless a Phase III feasibility evaluation is completed. As the river bank reconstruction with the proposed flexible membrane liner and riprap covel’, in addition to the use of the proposed Aquablock to isolate and contain contaminated sediment, may potentially be detelmined to be the most feasible  remedial altemative based on technology and cost-benefit considerations, it should be considered part of the Permanent Solution for the C&D area. A focused Phase III feasibility evaluation, focused on the C&D Area and river sediment, is necessary prior to implementing the IRA Plan. The submitted IRA Plan does not contain the equivalent of a Phase III feasibility evaluation, therefore, MassDEP requires a Phase III evaluation for the C&D Area to be submitted by August 10, 2011, the date of presumptive approval for the IRA Plan.
The IRA Plan shall not be considered presumptively approved with submittal of the Phase III feasibility evaluation. MassDEP reserves the right to approve the IRA after August 10,2011.  As a condition of approval MassDEP will require a technical meeting during the week of August

Page 2
22, 2011 or earlier, with the Division of Capital Asset Management, and select stakeholders including but not limited to representatives ofthe State Hospital Environmental Review Committee (SHERC) and Public Involvement Plan (PIP) petitioners following submittal of the feasibility evaluation. The purpose of the technical meeting will be to discuss and resolve technical issues with the IRA Plan scope of work. MassDEP will not provide approval of the IRA Plan prim’ to the technical meeting. Pending resolution oftechnical issues, it is MassDEP’s expectation that the IRA to eliminate and control the condition of SRM and its source will be perfOimed this constlUction season while low water levels of the Charles River prevail.
MassDEP appreciates the attention and cooperation of DC AM regarding these matters.  Please contact me with proposed dates and times for the technical meeting to be conducted the week of August 22 or earlier. If you have any questions, please contact me at (508) 767-2846.
August 5, 2011

Sincerely,

Mark E. Baldi
Section Chief, Audits
Bureau of Waste Site Cleanup

cc: Carol Comelison, Commissioner, Division of Capital Asset Management
Martin Suuberg, Regional Director, MassDEP-CERO
Mary Gardner, Deputy Regional Director, BWSC, MassDEP-CERO
Ms. Leslee Willets, Conservation Agent, Medfield Conservation Commission
Mr. Michael Sullivan, Town of Medfield Administrator
Mr. John Thompson, LSP, SHERC Chairman
Ms. Margaret Van Deusen, Director, Charles River Watershed Association
Ms. Andrea Stiller, LSP, ADS Environmental Engineering, LLC
Mr. Frank Ricciardi, LSP, Weston and Sampson, Inc.
Mr. William Massaro, PIP Petitioner
PIP Repository, Town of Medfield Public Library
CERO File:Database