| 1.0 Introduction
to the Restoration Plan and Environmental Assessment
This Final Restoration Plan and Environmental Assessment (RP/EA)
was prepared by the Charles George Natural Resources Trustee Council
(Trustee
Council). The Trustee Council is comprised of three trustees for
natural resources: the Commonwealth of Massachusetts Office of Environmental
Affairs (EOEA), the U.S. Department of the Interior (DOI), and the
U.S. Department of Commerce, National Oceanic and Atmospheric Administration
(NOAA). This document describes the injuries that occurred to natural
resources as a result of contamination at the Charles George Landfill
Superfund Site, and identifies alternatives for restoration of injured
resources and the services these resources provide. In addition,
this
document constitutes the environmental assessment for the proposed
restoration of natural resources as defined under the National Environmental
Policy Act (NEPA)(40 CFR Part 1502.10) and the Massachusetts Environmental
Policy Act (MEPA) (M.G.L. c.30, §§ 61-62H, and 301 CMR
11.00), and addresses the potential impact of proposed restoration
actions
on the quality of the physical, biological, and cultural environment.
This Final RP/EA is intended to inform the public of the proposed
restoration actions.
Chapter 1.0 summarizes the history of the Charles George Landfill
(Section 1.1); describes the Natural Resources Damage Assessment process
including Trustee responsibilities and the legal settlements for the
Charles George Landfill (Section 1.2); describes the natural resources
restoration planning process (Section 1.3); lists the purpose and need
for the RP/EA (Section 1.4); and summarizes the public notification
and review provisions (Section 1.5).
1.1 History of the Charles George
Landfill
The
Landfill
The Charles George Reclamation Trust Landfill is an inactive landfill
located in the Towns of Tyngsborough and Dunstable, Massachusetts,
which are located approximately 35 miles northwest of Boston. The landfill
was used for municipal wastes from 1955 to 1973. In 1973, the landfill
was permitted to accept hazardous wastes. In 1982, volatile organic
compounds (VOCs) and heavy metals were detected in the drinking water
supply wells of the Cannongate condominium complex located approximately
800 feet southwest of the site. Polycyclic aromatic hydrocarbons (PAHs)
and heavy metals were also detected in soils and sediments around the
site. The site was closed, and the U.S. Environmental Protection Agency
(EPA) began remedial activities.
Surrounding Environment
The landfill site is approximately 60 acres in size, and is surrounded
by forest, wetlands, light industry, pasture land, and residences.
It is located approximately one mile southwest of the town center of
Tyngsborough, Massachusetts (Fig.1). The general area is presently
receiving intense development pressure. To the east, U.S. Route 3 separates
the landfill from the 16-acre
Flint Pond Marsh and 61-acre Flint Pond. Dunstable Brook and several
of its small tributaries are located to the west of the landfill and
join Bridge Meadow Brook southwest of the site. Bridge Meadow Brook
flows northeast, looping around the landfill and emptying into Flint
Pond. Two dams control the water levels of Flint Pond. A short distance
below the second dam, the outlet stream of Flint Pond flows into the
Merrimack River.
The two pathways by which contaminants from the landfill have reached
the surrounding environment have been surface water runoff and groundwater
migration. Surface water runoff (from rainfall) flows off of the landfill
into a culvert that drains under Route 3 into Flint Pond Marsh. Groundwater
lies in three different zones under the landfill: the overburden, shallow
bedrock, and deep bedrock aquifers. There is a divide in groundwater
flow for all three aquifers. The groundwater flows to the south in
the western portion of the landfill and flows due east under the eastern
portion. The deep bedrock aquifer in the western portion of the landfill
is not believed to be within the contaminant pathway.
Remedial Activities
The remedial activities are summarized from EPA 1988 and EPA 1999.
To address contamination of drinking water wells, the City of Lowell’s
existing water supply system was extended to serve the Cannongate area,
the Academy of Notre Dame, and the Flint Road neighborhood after landfill
contaminants were detected in a monitoring well on Notre Dame’s
property and in a residential well on Flint Road. The extensions were
completed in 1998. Remediation includes long-term groundwater monitoring
to protect nearby residential drinking water.
To control the source of contamination, the landfill was capped with
a synthetic membrane with surface water diversion, off-gas collection
and venting, and leachate seep collection (completed in 1990). On-site
overburden extraction wells were installed at the southwest (1993)
and east areas (1994) of the site where the two identified contaminant
plumes exist. Between 1992 and 1997, the combined groundwater and leachate
were pumped to a 3.5 million gallon storage lagoon and then treated
when the lagoon reached capacity. The water was treated on-site in
a temporary treatment facility and discharged to the eastern sedimentation
pond which then discharged to Bridge Meadow Brook. Ambient Water Quality
Criteria were strictly met. There were ten rounds of treatment with
a total of approximately 35 million gallons treated. In
1997, EPA extended the municipal sewer to the site. In early 1998,
the Lowell Regional Wastewater Utility issued the site an industrial
discharge permit and the collected groundwater and leachate began discharging
to the Publicly Owned Treatment Works via the extended sewer.
Landfill gas has been collected and treated since 1994. The gas is
collected by a series of vents tying into a surficial (beneath the
cap) gravel trench. The gas is then vacuum-transported to an enclosed
flame where it is burned.
Part of the original plans for remediation included the removal of
sediments from the upper portion of Dunstable Brook which were affected
by carcinogenic polycyclic aromatic hydrocarbons (cPAHs). The plan
originally called for the sediments to be solidified on-site and placed
under the landfill cap. However, in 1998, EPA resampled the affected
area and analyzed for cPAHs. The results showed decreased concentration
levels of cPAHs. EPA recalculated the risk associated with the cPAH
levels using revised relative potency factors (the revision was based
on recent toxicity data). The recalculation indicated that the sediments
no longer posed an unacceptable human health risk. Therefore, removal
of the sediments was determined to be unnecessary.
Chemical Hazards
High levels of inorganic contaminants have been found in groundwater
and landfill leachate, and include: arsenic, cadmium, chromium, copper,
cyanide, lead, mercury, nickel, silver, and zinc. High levels of chromium
and zinc were detected in surface waters of the brooks and wetlands
adjacent to the landfill, and Flint Pond. Elevated levels of arsenic,
cadmium, copper, lead, mercury, and zinc were measured in the sediments
of Dunstable Brook and associated wetlands, and drainage streams (Ebasco
1987, 1988). Organic contaminants, particularly polycyclic aromatic
hydrocarbons (PAHs), were also detected at elevated levels in the sediments
of the Dunstable Brook system (Ebasco 1987, 1988). Figure 2 shows the
locations of Flint Pond Marsh, the wetlands adjacent to the landfill,
and the upper portion of Dunstable Brook.
1.2 Natural Resource Damage Assessment
Trustee Responsibilities
Under CERCLA
Executive Order 12580 designated federal and state trustees for natural
resources, which designations are set forth in greater detail in Subpart
G of the National Contingency Plan, 40 C.F.R. Section 300.600. The
Secretary of the Department of the Interior is a designated federal
trustee for natural resources including migratory birds, some marine
mammals, anadromous and catadromous fish, endangered species and their
respective habitats, and federal lands managed by the Department. The
Northeast Regional Director of the U.S. Fish and Wildlife Service has
been designated as Authorized Official to act on behalf of the Secretary
as trustee for this Superfund Site. The Secretary of Commerce has delegated
to the National Oceanic and Atmospheric Administration trusteeship
for natural resources that include marine fishery resources, anadromous
and catadromous fish, certain endangered species and their habitats.
The states are designated trustees for all natural resources within
their jurisdiction. The Governor of the Commonwealth of Massachusetts
has designated the Secretary of the Executive Office of Environmental
Affairs as trustee for all natural resources in the Commonwealth. Under
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, natural resource trustees are authorized
to assess and recover compensation for injury to or loss of natural
resources resulting from a release of a hazardous substance.
Massachusetts General Laws (Chapter 21 E, s.5) states that persons
responsible for hazardous materials will be liable to the Commonwealth
for all damages for injury to and for destruction or loss of natural
resources.
The Settlements
In 1992 the State and Federal Trustees settled natural resource damage
claims with the Potentially Responsible Parties (PRPs). The total recovery
of damages and future oversight expenses for all the Trustees was $1,353,440.
The primary issue raised by DOI concerned the effects of heavy metals
(i.e., arsenic, cadmium, chromium, copper, cyanide, lead, mercury,
nickel, silver, and zinc) and PAHs on migratory birds utilizing the
contaminated Flint Pond Marsh. DOI determined that migratory birds
had been injured in the past, and would continue to be injured, regardless
of the success of the remedial action. Approximately 14.5 acres of
Flint Pond Marsh (mostly emergent and deep water habitat) was calculated
to have been adversely affected as migratory bird habitat, and it was
estimated that 44 acres of wetland enhancement would be required to
compensate for the injuries. DOI recovered $299,916 to provide for
enhancement of 44 acres of wetlands to replace lost wetland resources,
habitat, and productivity at the site, and to provide for long-term
performance monitoring of the sites to assure success. This amount
covers claims for past, interim, and residual damages for injury to
the wetland migratory bird habitat.
The primary issue raised by NOAA regarded the potential migration
of contaminants through Flint Pond to the Merrimack River. The Merrimack
River supports runs of anadromous fish (spawns in freshwater but matures
in saltwater), including runs of Atlantic salmon (Salmo salar),
American shad (Alosa sapidissima), alewife herring (Alosa
pseudoharengus), and blueback herring (Alosa aestivalis).
It also supports runs of the catadromous (spawns in saltwater but matures
in freshwater) American eel (Anguilla rostrata). Potential
discharges of contaminants through Flint Pond and into the Merrimack
River could
impact spawning habitat for American shad, alewife, and blueback
herring in the Merrimack River, and adult habitat of American eel
in Flint
Pond and Bridge Meadow Brook. It was decided that the selected remedy
would protect fishery resources in the Merrimack River as long as
the Flint Pond dams are maintained. Flint Pond Marsh appears to act
as
an effective depositional area for pre-remedial contaminants transported
from the landfill, and the dams at Flint Pond appear to limit the
movement of sediments from Flint Pond Marsh. Therefore, the structural
integrity
of the dams is critical. NOAA’s portion of the settlement was
based on the need to do ecological profiling involving collection
and chemical analysis of sediments upstream and downstream of the
dams,
and collection of fish in the Merrimack River near the dams for tissue
analysis. The settlement also included the need to conduct long-term
monitoring to assure that the remedial action was effective. Since
the structural integrity of the dams is critical to contaminant source
control, the settlement also included monies for the Federal natural
resource trustees to monitor and possibly initiate needed structural
surveys. NOAA recovered $134,624 for damages and future oversight
expenses. The federal settlements together included $25,000 for past
assessment
costs and $50,000 for future oversight expenses.
The Commonwealth of Massachusetts made a claim on behalf of injuries
to groundwater and wetlands. Groundwater damage calculations were
based on the costs of replacing the services lost due to site contamination.
The groundwater contamination had made the aquifer unsuitable as
a
source of water for residential and non-residential users. As a result,
present and future water users would be forced to develop alternate
water supply systems. The Commonwealth’s claim for injuries
to wetlands was based on the loss of 9.25 acres of wetlands due to
contamination
and physical alteration during the capping and remediation of the
landfill. The wetlands cited in the claim were specifically: 3.25
acres of wetlands
along Dunstable Brook and approximately 110 feet of the tributary
channel to Dunstable Brook; 2.0 acres of wetland in Flint Pond Marsh
along
the Route 3 drainage system; 2.0 acres of altered wetlands adjacent
to the landfill; and 1.5 acres of wetlands adjacent to the landfill
that were destroyed in the process of remediation (Holcomb 1990).
The Commonwealth recovered $918,900 for damages to state natural
resources.
1.3 Natural Resource Restoration Planning
The Memorandum of Agreement
In 1996, the three Trustees for natural resources signed a Memorandum
of Agreement (MOA) in recognition of the common interests to restore,
replace and/or acquire the equivalent natural resources which were
injured, destroyed, or lost by the releases of hazardous substances
from or at the Charles George Landfill Superfund Site. The MOA outlines
a framework for the development of a Trustee Council that is providing
for the cooperative development and implementation of a single plan
to restore injured natural resources (Restoration Plan). In addition
to the three Trustee representatives, the MOA also provides for the
inclusion of ex-officio, or non-voting members on the Trustee
Council. In the case of the Charles George Natural Resources Trustee
Council, the ex-officio members include technical and legal
advisors from the state and federal agencies, a citizen from the Town
of Tyngsborough, a representative from the Town of Tyngsborough Conservation
Commission, and a representative from the Merrimack River Watershed
Council.
Restoration Planning, NEPA,
and MEPA
Prior to using funds for
restoration, CERCLA requires that (1) a plan for use of such funds
be developed and adopted by the Trustees, and
(2) adequate public notice and opportunity for hearing and consideration
of all public comments be granted. In addition, the DOI Natural Resource
Damage Assessment Regulations (43 CFR, Part 11) provide for: (1) the
development of a "Restoration and Compensation Determination Plan that
lists a reasonable number of possible alternatives for restoration,
rehabilitation, replacement, and/or acquisition of equivalent resources
and the related services lost to the public associated with each" [s.
11.81]; and (2) upon determination of the award of a Natural Resource
Damage claim the Trustees shall prepare a Restoration Plan to describe
how the monies will be used. Such Restoration Plan shall be made available
for public review for a period of at least 30 days [s. 11.93].
Under NEPA and MEPA the Trustees must also assess the potential environmental
impacts associated with each of the proposed restoration actions. This
Draft RP/EA integrates NEPA and MEPA requirements by summarizing the
affected environment, describing the purpose and need for action, identifying
alternative actions and assessing their applicability and environmental
consequences, and summarizing opportunities for public participation
in the decision process.
The Trustees believe the Final RP/EA indicates that the proposed actions
will not have significant impacts on the quality of the human environment.
1.4 Purpose and Need
The underlying purpose of the proposed action is to restore, replace,
or acquire the equivalent of natural resources injured or destroyed
as a result of contamination from the Site, pursuant to applicable
state and federal laws and regulations. The underlying need for the
action is to ensure the recovery of natural resources injured as a
result of contamination from the landfill. The primary injuries resulting
from contamination at the Site involve the impairment of groundwater
and wetland resources, and the potential effect that a continuing migration
of contaminants
into the Merrimack River could have on migratory fish. The settlement
for DOI regarding wetlands referred specifically to the resulting loss
of habitat services to wetland-dependent migratory birds.
1.5 Public
Notification and Review
Under CERCLA, NEPA, and MEPA, the Trustees must notify the public
and any federal, state, or local agencies with special interests or
expertise relating to the RP/EA. To satisfy this requirement, the Trustees
published the notice of the availability of the Draft RP/EA in the
Federal Register, the Environmental Monitor, the Lowell Sun, the Billerica
Minuteman, and the Boston Globe. The document was also available for
review at the Tyngsborough Public Library, the Dunstable Public Library,
and the Billerica Public Library, and copies of the Draft RP/EA were
available from the U.S. Fish and Wildlife Service.
In addition, the the Trustee Council conducted a public meeting on
November 29, 2001 in Tyngsborough. A summary of questions and comments
received and the Trustee Council’s responses is provided in
Section 5.0. Written comments from the public are reproduced in Appendix
D.
A copy of the Final RP/EA will be available for review at the Tyngsborough
Public Library:
Tyngsborough Public Library
25 Bryants Lane
Tyngsborough, Massachusetts 01879
(978) 649-7361
Hours: Monday and Wednesday 9:00
am - 9:00 pm
Tuesday, Thursday, and Friday 9:00
am - 5:00 pm
Saturday 10:00
am - 3:00 pm
Copies of the Final RP/EA will be obtainable from the following address:
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