HomeMy Public PortalAboutBOH12.6.23packetNOVEMBER 3, 2023 NEXTGRID/JOB#K11273
PAGE 2 OF 5 FREEMANS WAY – BREWSTER, MA
Mr. Daniels and Mr. Antinarelli continued to pursue local and state approvals to have Lot 56 “Site
Assigned” for use as a stump dump, eventually receiving conditional approval for the Site
Assignment from the Brewster Board of Health in August 1987. In January 1989, Daniels and
Antinarelli submitted a full application to license the stump dump under the Massachusetts
Landfill permitting requirements. However, MassDEP’s predecessor, the Department of
Environmental Quality Engineering (DEQE) did not act on the permit, state approvals were never
granted, and the application became dormant. MassDEP later issued a Notice of Non-Compliance
(NON-SE-93-4015) to Paul Daniels in 1993 and again in 1997 (NON-SE-97-4008) for disposing
stumps and brush at the property, without the proper approvals.
Attempts to permit the property under MA Solid Waste regulations resumed in February 2000,
when Mr. Daniels was seeking to permit a different solid waste facility in Orleans, MA. Mr. Daniels
signed an Administrative Consent Order (#ACO-SE-00-4001) that outlined steps to properly
permit both facilities. The permitting process began as outlined in the ACO, but ultimately failed
and in March 2002, Mr. Daniels notified MassDEP that they intended to completely excavate all
of the buried woodwaste at the Site as a means to close the stump dump. In December 2002, Mr.
Daniels signed the First Amendment to the ACO that outlined a schedule for regulatory
compliance.
Woodwaste removal began at the Site in December, 2002. However, the compliance deadlines
outlined in the ACO were not met, resulting in an Administrative Consent Order with Penalt y
(ACO-SE-10-4009) in September 2010. This ACO established a September 2012 deadline for work
to be completed over the course of 2 years. The ACO was extended in August 2011 due to
weather conditions and equipment failure, and again in August 2013.
In this period, virtually all the woodwaste was removed from the eastern half of the property by
Mike Antinarelli. The east/west division of the property and responsibility for woodwaste
removal was reportedly based on a “gentlemen’s agreement” between the two co -owners.
Around 2011-2012, Paul Daniels’ son, Steven Daniels, took over day to day operations at the Site.
Steven Daniels rejected the sole responsibility for cleaning up the western half of the property.
This disagreement led to the termination of consulting services and failure to meet the deadlines
under the ACO.
In an apparent move to settle the dispute between the co-owners, the property was subdivided
in July 2015, wherein the western portion of the parent property (Lot 1) was deeded to Steven
Daniels and the eastern portion (Lot 2) was deeded to Mike Antinarelli. Each lot contains 225,006
square feet of land area. The area of Site Assignment (formerly Lot 56) falls mostly within the
Antinarelli property, while the area where the woodwaste remained fell within the Daniels
property.
Permitting for Property Re-Use
In September 2019, NextGrid entered into a Purchase and Sale Agreement with Steven Daniels
and Michael Antinarelli to purchase the entire property (Lot 1 and Lot 2), in a bid to redevelop
NOVEMBER 3, 2023 NEXTGRID/JOB#K11273
PAGE 3 OF 5 FREEMANS WAY – BREWSTER, MA
the property as a 3.2 megawatt DC solar photovoltaic array. In January 2020, NextGrid engaged
BEA to address the local and state permitting requirements for the proposed re-use of the
property. BEA contacted the Brewster Planning Department, Brewster Water Quality Review
Committee (BWQRC) and MassDEP to discuss the outstanding regulatory compliance issues. A
Pre-Application package was submitted to MassDEP and copied to local officials on April 29, 2020.
Discussions with MassDEP resulted in an expedited permitting process outside of a renegotiated
ACO, wherein a Landfill Re-Use Permit Application (SW-37) would be submitted to MassDEP for
review. Approval of the Re-Use Permit was conditioned upon submitting a Landfill Closure
Completion permit application (SW-43), documenting that all remaining woodwaste at the Site
was removed. The Landfill Re-Use permit application was submitted in September 2020 and
approved by MassDEP in January 2021. NextGrid purchased the property from Michael
Antinarelli and Steven Daniels on July 25, 2022. Work to remove stockpiled and burie d
woodwaste began in September 2022.
Tailings
Shortly after woodwaste recovery work had begun, the excavation contractor discovered tailings
(consisting of mostly loam and rocks) and additional mixed woodwaste (logs, concrete, brick, and
intermingled trash) that could not be accepted at the Cape Sand & Recycling facility. BEA
contacted MassDEP for guidance on how to best manage the unexpected materials. On October
14, 2023, MassDEP personnel met BEA personnel on -site to examine the materials. MassDEP
personnel confirmed that, in order to meet the permitting requirements for landfill closure, the
mixed woodwaste would require further processing to remove and segregate the woodwaste,
brick, concrete, and trash into separate waste streams for appropriate off-site management. The
clayey-fill observed underlying the material would be considered natural soils and could be re -
used on-site pending testing to confirm material characterization. The tailings could also be re -
used on-site as a vegetated berm or buried below-grade, with the benefit of a deed note,
identifying the location and composition of the materials remaining on-site.
This concept was presented to the MassDEP and Town of Brewster officials in correspondence
dated December 16, 2022. MassDEP personnel later responded and indicated that the proposed
changes would not require any additional permitting beyond the BWP SW -37 Post-Closure Use
permit previously approved. The strategy was later discussed with Town of Brewster officials on
February 10, 2023. During the meeting, Town Planner, John Idman , indicated that he believed
that the changes did not require a Modification of the Planning Board Decision, and that the
revised closure strategy could proceed.
During the February 24, 2023 meeting of the Brewster Water Quality Review Committee (WQRC),
Brewster Building Commissioner, Davis Waters, agreed that the changes were not significant
enough to trigger a Modification of the Planning Board Decision. In addition, NextGrid
representative, Daniel Serber voluntarily agreed to continue groundwater monitoring, i n order
to alleviate reservations about the tailings remaining on-site. NextGrid committed to continue
annual monitoring after the Landfill Closure permit application is submitted, at which time
NOVEMBER 3, 2023 NEXTGRID/JOB#K11273
PAGE 5 OF 5 FREEMANS WAY – BREWSTER, MA
-MassDEP Administrative Consent Order [ACO-SE-10-4009 (9/16/10)]
-MassDEP Letter to Paul Daniels Re: ACO-SE-10-4009 (2/10/14)
-Excerpts from the SW-37: Post-Closure Use (Minor) Landfill Closure – Post Closure
Planning Report, by BEA, dated September 17, 2020
-MassDEP “Approval with Conditions” Letter, dated January 12, 2021
-Table 1: Summary of Soil Sampling Results (2011–2023)
-Table 2: Temporal Groundwater Analysis Summary (March 2020 – December 2022)
Cc. Daniel Serber, Senior Director of Land Development – NextGrid, Inc.
Mark Dakers, Section Chief Solid Waste – MassDEP (SERO)
0 150 300
SCALE 1"=150'
450
Title:
Project:
SITE ASSIGNMENT TERMINATION
DATE SCALE BY CHECK JOB NUMBER
K11273DA.X.EV.901JTWSRFAs Noted10/31/23
PHONE: (508) 896-1706 FAX: (508) 896-5109
1573 MAIN STREET - BREWSTER, MA 02631
A NATURAL SYSTEMS UTILITIES COMPANY
www.bennett-ea.com
GEOLOGISTS, ENGINEERS
BENNETT ENVIRONMENTAL
ASSOCIATES, LLC.
LICENSED SITE PROFESSIONALS, ENVIRONMENTAL SCIENTISTS,
LEGEND
EXISTING MONITORING WELLMW
MW-2
MW-3
MW-4
MW-1A
MAP 119
PARCEL 8
(LOT 1)
AREA OF SITE ASSIGNMENT
(FORMER LOT 56)
P.O. BOX 7775 # 73069 - SAN FRANCISCO, CA 94120
989 FREEMENS WAY - BREWSTER, MA 02631 (PARCEL IDs 119-6-0 AND 119-8-0)
NEXTGRID PATRIOTS, LLC
WHOLLY OWNED ENTITY OF NEXTGRID, INC.STATE HIGHWAY - ROUTE 6AREA OF SITE ASSIGNMENT
PROPERTY LINES
FREE
M
A
N
S
W
A
Y
MAP 119
PARCEL 10
MAP 119
PARCEL 6
(LOT 2)
MAP 119
PARCEL 9
MAP 119
PARCEL 7
MAP 119
PARCEL 5
MAP 131
PARCEL 1
SW-37: POST-CLOSURE USE (MINOR)
LANDFILL CLOSURE X POST CLOSURE PLANNING
Daniels/Antinarelli ANA Stump Dump
Off Freemans Way (aka 989 Freemans Way) [Parcel ID: 119-6 and 119-8]
Brewster, MA 02631
Project K11273DA.X.EV.901
SEPTEMBER 17, 2020
NextGrid Patriots LLC
A Wholly Owned Subsidiary of NextGrid, Inc.
P.O. Box 7775 #73069
San Francisco, CA 94120
SW37: POST-CLOSURE USE (MINOR)
LANDFILL CLOSURE E POST CLOSURE PLANNING
Daniels/Antinarelli ANA Stump Dump
Off Freemans Way (aka 989 Freemans Way) [Parcel ID: 119-6 and 119-8]
Brewster, MA 02631
Project K11273DA.X.EV.901
SEPTEMBER 17, 2020
Prepared For:
MA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Southeast Regional Offices: Bureau of Air and Waste/Solid Waste Section
20 Riverside Drive - Lakeville, MA 02347
Doug Coppi, Case Officer/Mark Dakers, Section Chief
Prepared By:
BENNETT ENVIRONMENTAL ASSOCIATES, LLC.
A NATURAL SYSTEMS UTILTIES COMPANY
1573 Main Street - Brewster, MA 02631
Adam G. Stern, PE k Engineer of Record
David C. Bennett, RS/LSP k Project Manager
On Behalf Of:
NextGrid Patriots LLC
A Wholly Owned Subsidiary of NextGrid, Inc.
P.O. Box 7775 #73069
San Francisco, CA 94120
Section I: Introduction
A.Site History and Background
Introduction
Compliance History
Environmental Monitoring
B.Property Description and Current Use
Property Description
Current Use
C.Effect of Changes: Public Health Safety and Welfare
Section II: Proposed Photovoltaic Facility Use
A.Post Closure Planning - Woodwaste Recovery
B.PV Facility Description
C.Final Grading and Cover
D.PV Array Mounting and Configuration
E.Settlement Analysis
F.Erosion and Sedimentation Controls
G.Drainage Plan and Stormwater Management
Section III: Permit Criteria
A.MEPA Compliance
B.Site Assignment
C.Health and Safety Impact
D.Enforcement Status
E.Financial Assurance Mechanism
F.Compliance with Applicable Laws and Regulations
Figures:
Figure 1: Site Locus Plan [USGS Topographic Quad., Orleans, MA. 2018] (excerpt)
Figure 2: Ground-LRdVb GVc‘ebTVc ‘W dYV 8RaV 8‘U’ B6j PAV7]R_T Vd R]’ ,431Q %VhTVbad&
Figure 3: MassGIS Priority Resource Map [2020]
Figure 4: Existing Conditions Plan w/PV Array and Identification of Site Assigned Lot 56 (excerpt)
Appendix
A.Historic Records
Site Assignment
Hydrogeological Investigation
Wood Waste Reclamation Facility Permit Application SW-19
Administrative Consent Order(s)
Environmental Monitoring Reports with ACO Plan
Post Closure Consultation Report and Communications
B.Proposed PV Re-Use Plan Set l<b‘e_U-B‘e_dVU EY‘d‘f‘]dRZT HicdV^jm 7H8 <b‘ea -
Brian Yergatian, PE #46206, Dated June 19, 2020 [Revised August 10, 2020]
C.Local Approval Applications
Cape Cod Commission DRI
Brewster Staff Review Application
Brewster Site Plan Review Application
Brewster Zoning Board of Appeals Application
1
SW37: POST-CLOSURE USE - MINOR
LANDFILL CLOSURE – POST CLOSURE PLANNING
Daniels/Antinarelli ANA Stump Dump
Off Freemans Way (aka 989 Freemans Way) [Parcel ID: 119-6 and 119-8]
Brewster, MA 02631
Project K11273DA.X.EV.901
I.INTRODUCTION
A. Site History and Background
Introduction
On behalf of NextGrid, Inc., the prospective owner of the subject property, Bennett
Environmental Associates, LLC. dba Natural Systems Utilities (BEA-NSU) has
prepared the following report in support of the BRP SW-37 solid waste permit
application. This application is submitted for the planned post-closure re-use of the
historic wood waste landfill (aka stump dump) as a ground-mounted photovoltaic
facility for the generation of renewable electrical energy. The majority of this project
falls within the Site Assigned area for stump dump activities as granted by the
Brewster Board of Health (1987), and as falling within the jurisdiction of the MA
Department of Environmental Protection (MassDEP) – Solid Waste Section and
Brewster Water Quality Review Committee requirements for such facilities.
The facility has a long history of non-compliance for not receiving the appropriate
approvals and permitting for such facilities and subject of several enforcement
actions, not least of which is the outstanding Administrative Consent Order [#ACO-
SE-10-4009] re-issued February 10, 2014. The ACO gives a factual history of
compliance history with documented summary with select documents included in the
appendices as they pertain to this application. In summary, an application was
historically filled but not acted upon and as a result contributed to a dispute between
the co-owners of the property regarding who is responsible for the Non-Compliances
cited and remaining work framed in the ACO. Most recently, there has been an
agreement between the two parties to enter into a Purchase and Sales Agreement
(P&S) with NextGrid for the purchase of the property with opportunity to resolve
from planned post closure re-use for construction of a ground-mounted PV facility.
As part of the P&S, NextGrid requires utility approvals for the photovoltaic facility
from National Grid, as well as local and state approvals for the Landfill Closure (SW-
43) and Post Closure Re-Use (SW-37). In preliminary communications with the State
and Town of Brewster officials, the planned return to compliance for the recovery and
disposal of buried wood waste, with planned green energy re-use of the industrial
zoned property, which falls within a Zone II – Wellhead Protection area, has been
favorably received.
2
In the Pre-Application Consultation with the MassDEP, a Return to Compliance
pathway was conceptually approved for expedited permitting outside of a
renegotiated ACO. The Department has tentatively agreed to accept the SW-37 Re-
Use application ahead of the SW-43 Landfill Closure application, as conditioned
upon the submittal and approval of the Landfill Closure application and the
completion of such work over the next twelve months. As such, this application
includes additional information on existing environmental conditions and planned
recovery as would normally be presented in the Landfill Closure report for context to
this application. Additional details on environmental conditions and planned
recovery will be provided in the SW-43 application to follow shortly after conditional
approval of the Re-Use application and initial Town of Brewster Staff Review was
conducted on August 6, 2020. Comments received in the Staff Review have been
incorporated into the revised plans presented herein. At the time of this filing, the
Site Plan Review and recommended Zoning Board of Appeals applications have been
made for public hearings on September 23, 2020 and October 13, 2020; respectively.
These local approvals will be advanced concurrently with the MassDEP Solid Waste
permitting.
Compliance History
In April 1985, Roland Mayo petitioned the Brewster Board of Health to approve the
use of his land off Freeman’s Way as a grandfathered stump dump as having been
used for the mining of sand and gravel and disposal of stumps and wood waste from
his excavation business dating back to 1956. The 5.3 acre property was identified as
Lot 56 in Book 4552, Page 607-608 at the Barnstable Registry. The petition was
approved at the April 4, 1985 Brewster Board of Health meeting, as conditioned by
the filing of plans and reports to the then MA Department of Environmental Quality
Engineering (MA DEQE, now MassDEP). Mr. Mayo subsequently sold Lot 56 to
Michael Antinarelli and Paul S. Daniels on May 22, 1985. Registry records indicate
that Michael Antinarelli and Paul S. Daniels subsequently purchased the abutting 5.13
acres of property from Herman E. Howes on May 28, 1985 and jointly owned a 50%
undivided interest in the parent property to the existing subject property.
Following communications from the Brewster Board of Health regarding the
requested grandfathered Site Assignment, the MA DEQE made an initial inspection
of the property on April 2, 1986. In communications with Paul Daniels on August 4,
1986 the MA DEQE advised the owners of their responsibility to document the
grandfathered use back to 1954, prepare a Hydrogeological Investigation, and apply
for permitting with an Operational Plan and Report under 310 19.00 “The Disposal of
Solid Waste by Sanitary Landfill.” Mr. Daniels was given until August 29, 1986 to
respond to this letter their intentions to meet the requirements of the letter. The
Brewster Board of Health re-opened and continued the Site Assignment hearing in
October 1986 pending receipt of the Hydrogeological Investigation. The Site
Assignment hearing was continued with notices to the owners again in February,
March and April 1987. A report entitled “Hydrogeological Investigation” by
Geological Services Corporation (April 1987) was received and reviewed by the
3
Brewster Board of Health and forwarded to the MA DEQE in July 1987 [Refer to
Appendix A]. The findings of the Hydrogeological Investigation reported some
background groundwater impacts Benzene, Ethylbenzene, Toluene, and Xylenes
compounds (commonly referred to as BTEX) in the upgradient monitoring wells
attributed to the abutting State Highway, wherein benzene exceeded the then
promulgated drinking water standards. Additionally, groundwater impacts were
reported in the downgradient wells. Based on this data, the private well on the
abutting property was cited as at risk and the sampling of that well and quarterly
monitoring of all monitoring wells was recommended. The findings were presented
to the Board of Health at the August 11, 1987 public hearing for the continuation of
deliberations on Site Assignment for continued use of the Lot 56 portion of the
property as a stump dump. The Site Assignment was granted at this hearing as
contingent on MA DEQE approvals and conditioned upon quarterly groundwater
sampling of the monitoring wells, disposal of brush and stumps only by Mayo,
Daniels and Antinarelli, and the provision of a locking gate at the entrance to the
property.
The public record is unclear on events following Site Assignment by the Brewster
Board of Health on August 11, 1987 as a letter dated August 26, 1991 from the
Brewster Health Director to the former DEQE (at this time MA DEP) indicates that a
full application with plans and reports for the licensing of the stump dump under the
Landfill permitting requirements was made on January 1989 but not acted on. In the
period between 1987 and 1991, the regulations and permitting procedures changed
and Timely Action Fees came into effect on January 1, 1991. The Department took
the position that they would not act on the permit without the new fees being paid and
the application became dormant. Despite letters written by State Senator
Rauschenbach to the MassDEP Commissioner, and by the Brewster Board of Health
to the Regional Engineer, the application remained dormant and not acted on.
In 1993, the MassDEP issued a Notice of Non-Compliance (NON-SE-93-4015) to
Paul Daniels for conducting unpermitted activities at the property with the disposal of
stumps and brush. In August 1997, another Notice of Non-Compliance (NON-SE-
97-4008) was issued to Paul Daniels for the same issues of unpermitted solid waste
activities. It is apparent that, based on failure of the MassDEP to act on permits filed
in 1989, the owners felt aggrieved and did not respond to such NON’s immediately.
Around this same time Paul Daniels was seeking Solid Waste permitting of a facility
in Orleans. For the permitting of both facilities, Paul Daniels as co-owner of the
Freeman’s Way property in Brewster, subsequently executed an Administrative
Consent Order for the Solid Waste permitting of the stump dump under SW-19
Approval to Construct (ATC) a Small Handling Facility permit application on
February 9, 2000. This application was prepared and submitted by Bennett &
O’Reilly, Inc. (BOI) on behalf of Paul Daniels and Mike Antinarelli on August 18,
2000. On September 28, 2001, MassDEP issued a Technical Deficiency Notice to
Daniels regarding the ATC application advising them that additional information
needed to be submitted. On March 20, 2002, Paul Daniels notified the MassDEP that
they were going to completely excavate all of the buried wood waste at the Site as a
4
means to close the stump dump and achieve compliance and entered into the First
Amendment to the Administrative Consent Order (#ACO-SE-00-4001) on December
27, 2002. This established a revised compliance schedule for the closure of the stump
dump.
On March 28, 2008, the MassDEP conducted a site inspection and observed that
unexcavated wood still existed at the Site. On June 18, 2008, MassDEP conducted an
enforcement conference with Paul Daniels regarding the issues of noncompliance at
the Site (i.e. not completing excavation and not conducting environmental
monitoring). At the end of the conference Mr. Daniels agreed to hire a professional
engineer to assess the situation and develop a compliance strategy. On September 29,
2008, Daniel’s consultant, Bennett Environmental Associates, Inc. (BEA), advised
MassDEP that since December of 2002, approximately 15,700 cubic yards (yds3) of
buried wood waste had been excavated, processed, and/or removed from the Site, and
that approximately 60,000 yds3 of buried stumps and wood waste remained. On
December 15, 2008, Mr. Daniels established a new and revised compliance schedule
for the excavation of the stump dump. At that time he agreed to continue to actively
excavate, process and remove all buried wood waste from the Site as a means to close
the landfill and achieve compliance. This work would include the removal of all
buried wood waste, soil sampling in the areas of the wood waste removal to
document absence of environmental impacts, groundwater sampling of on-site
monitoring wells, and the grading and revegetation of recovered areas.
On March 5, 2009, Mr. Daniels submitted a revised compliance schedule to MA DEP
requesting an extension of the deadlines. The proposed revised compliance schedule
requested four (4) years to complete the excavation and processing or removal of all
of the buried wood waste at the Site. On July 26, 2010, Mr. Daniels representatives
advised MassDEP that as a result of the on-going excavation/removal activities that
had been conducted at the Site, approximately 27,900 yds3 of buried wood waste
remains at the Site. However, reporting was not consistent and analytical results for
required groundwater monitoring during Fall/Winter 2008, Spring/Summer 2009 and
Fall/Winter 2009 had not been submitted. On September 3, 2010 the MassDEP and
Mr. Daniels entered into an Administrative Consent Order with Penalties (ACO-SE-
10-4009) for the completion of the same work described above over the course of two
(2) years, establishing a September 2012 deadline for work to be completed.
On behalf of the owners, BEA conducted groundwater sampling and documented
wood waste removal and soil sampling in areas where wood waste had been
recovered. Such quarterly reports were filed for March, June, October and December
2011 and in March 2012. In this period, virtually all the wood waste was removed
from the eastern half of the parent property by Mike Antinarelli. Mr. Antinarelli
claimed this division of the property was understood by the co-owners and that he had
removed wood waste from his side of the property, sloping the bank on the eastern
side. In August 2011, a request for an extension of the ACO September 2012
deadline was requested as based on equipment failure and demonstrated good faith.
5
Around this same time, Paul Daniels’ son, Steven Daniels, took over active
management of the day to day operations from his father. It is understood he
discounted the sole responsibility for cleanup of the western half of the parent
property as the responsibility of both parties. Such disagreement led to the
termination of consulting services and failure in meeting the September 2012
deadline under the re-negotiated ACO. This left some 33,000 yds3 of buried wood
waste in the western portion of the property, mostly outside the Site Assigned portion
of the property.
The public record indicates that the MassDEP granted an extension in August 2013 to
allow for the filing of Landfill Closure documents by March 2014, with reference to
oversight by Green Seal Environmental. No such filing was made and the record
shows that in December 2014, BEA was again retained for sampling and analysis of
the onsite monitoring wells and soil sampling in the areas of the prior wood waste
recovery completed in the period from 2010-2012. Such work was documented in a
report to the MassDEP dated February 25, 2015 with an estimated 13,500 cubic yards
of unprocessed wood waste remaining in the southwestern portion of the subject
property. However, no significant work towards the removal of the remaining wood
waste or the preparation and filing of the SW-43 Landfill Closure permit was
authorized or conducted.
In an apparent move to settle the dispute between the co-owners, the property was
subdivided in July 2015 as shown in Plan Book 660, Page 91, wherein the western
portion of the parent property, Lot 1, was deeded to Steven Daniels and the eastern
portion, Lot 2, was deeded to Mike Antinarelli. Each lot contained 225,006 square
feet of land area. The area of the former Lot 56 Site Assignment falls mostly within
the Antinarelli property, while the area of remaining wood waste falls within the
Daniels property.
Sometime in or around September 2019, NextGrid entered into a Purchase and Sale
Agreement with Steven Daniels and Michael Antinarelli for the entirety of the
property; both Lot 1 and Lot 2. In February 2020, NextGrid filed with the Cape Cod
Commission for a Jurisdictional Determination for Change of Use and automatic
Development of Regional Impact review for the proposed 3.2 MWdc PV Array on
with an estimated 7,056, 395W ground-mounted solar panels. In response to such
applications, the Commission in a letter dated February 7, 2020 indicated that the
project did not constitute a “Change of Use” under their regulations and was not
subject to a mandatory Development of Regional Impact Review.
NextGrid engaged the services of BEA-NSU in January 2020 to address the local and
state permitting for the planned re-use of the property as a green energy solar utility
with the 3.2 MWdc PV Array, as presented to the Cape Cod Commission. As part of
this work, BEA-NSU reached out to the Brewster Planning Department, Brewster
Water Quality Review Committee (BWQRC) and MassDEP to discuss the
outstanding compliance issues for planned Landfill Closure and Re-Use of the
property. BEA-NSU initially collected groundwater samples from the existing
6
monitoring wells to evaluate any environmental impacts as the pretext to such
negotiations. Following delays associated with the COVID-19 pandemic and
limitations under Executive Orders of the Governor, the initial Pre-Application
package was filed by mail with the MassDEP and copied to local officials on April
29, 2020. BEA-NSU later attended a BWQRC virtual meeting on May 29, 2020 as
an informative update to the Department heads regarding such work and an update on
ongoing discussions with the MassDEP. In preliminary discussions with the
MassDEP, an expedited permitting process for the filing of both the Landfill Closure
(SW-43) and Landfill Re-Use (SW-37), with the removal of all wood waste within 12
months, had been discussed outside of a renegotiated Administrative Consent Order.
This would allow for the submittal of the SW-37 Re-Use permit application ahead of
the Landfill Closure SW-43 permit application. This request was based on securing
commission approvals for the utility and local approvals under zoning and the Site
Plan Review process. It was understood that any such deviation from standard
sequencing of the permits was contingent upon the final Re-Use approval, which
would be conditioned upon the final approval of the Landfill Closure permit, with the
removal of the wood waste documented and supported by groundwater and soils
testing and the filing of As-Built plans with certifications. Written correspondence
from the MassDEP of this understanding was requested but not received at the time of
this SW-37 Re-Use Application.
A project plan set was filed with a Staff Review request application to the Town of
Brewster on July 17, 2020. The Staff Review ZOOM meeting was conducted on
August 6, 2020. Comments were incorporated and resulted in plan revision. The
revised PV array plan set, with Stormwater Management and Operations and
Maintenance plans, were filed with the Brewster Planning Board on August 12, 2020
for a September 23, 2020 public hearing. As part of the local approvals, a Zoning
Board of Appeals application is pending submittal by September 8, 2020 for an
October 13, 2020 public hearing. The application seeks variances for front and
sideline setbacks. The variances may be eliminated or “de-minimis” as based on the
intended purchase of a small triangular parcel of land owned by the Town of Brewster
as granted by road taking for Route 6 with owner’s unknown or tax taking.
Preliminary indications through prior meetings and Staff Review are supportive of the
project cleanup and re-use of the property for a green energy initiative, as consistent
with Industrial Zoning within the Solar Overlay and Water Protection Overlay
Districts.
Environmental Monitoring
The assessment of environmental impacts and potential exposure risks to identified
human and environmental receptors associated with wood waste burial is a critical
part of the solid waste operations and permitting for the subject facility. This is
particularly true of the subject grandfathered location that falls within the Zone II
Wellhead Protection area for the Brewster Municipal wellfields, and until 1993 had a
downgradient private well on the abutting VFW property at 989 Freeman’s Way. In
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1993, the property was connected to the municipal public water supply water mains
that run down Freemans’ Way to service the area.
There are no known private potable wells within 500’ downgradient of the property.
Several properties within the abutting Industrial Park at 0 Commerce Drive
(Antinarelli 131-1-6, Edward 131-1-3), as cross-gradient, still have private wells
although town water is available. A review of Brewster Health and Water
Department records indicates that these properties have approved wells greater than
200’ from the subject property line and that water was tested and passed local criteria
at the time of installation and/or replacement. Additionally, in 2000 as part of the
solid waste permitting, the private well at the Antinarelli property was tested for
volatile organic compounds (VOCs) and reported all compounds as Non-Detect
(ND), with the exception of chloroform and styrene. These compounds were reported
at trace concentrations significantly below the then published drinking water
standards and were unrelated to buried wood waste. It is noted that the onsite MW-4
monitoring well is intermediate to these private wells and located as a sentinel
monitoring point to detect any groundwater impairment attributed to wood waste
burial ahead of reaching these private wells.
As part of the original Site Assignment process, a “Hydrogeological Investigation”
was submitted by Geological Services Corporation (April 1987) that included
information on subsurface geology, site-specific groundwater flow and groundwater
analysis. The findings of the Hydrogeological Investigation reported some
background groundwater impacts (BTEX) in the upgradient monitoring wells
attributed to the abutting State Highway wherein benzene exceeded the then
promulgated drinking water standards. Additionally, groundwater impacts were
reported in the downgradient wells. Based on this data, the private well on the
abutting property was cited as at risk and the sampling of that well and quarterly
monitoring of all monitoring wells was recommended.
In 1989, Coastal Engineering was engaged for the groundwater sampling and
conducted sampling of the onsite monitoring wells and analysis of groundwater
samples in January and July 1989 and again in June 1991. No significant groundwater
impacts were reported with VOC compounds and Total Phenols reported as Below
Reporting Limits (BRL). Low level chloroform was reported as significantly below
the then promulgated drinking water standards. Chloroform was noted as naturally
occurring and ubiquitous to the Cape Cod Aquifer. Yearly testing continued through
1994, with similar results and no evidence of significant groundwater impacts.
In August 1997, a Notice of Non-Compliance (NON-SE-97-4008) was issued to Paul
Daniels for unpermitted solid waste activities and failure to conduct groundwater
testing. Mr. Daniels, as co-owner of the property, subsequently executed an
Administrative Consent Order for the solid waste permitting of the Freeman’s Way
stump dump under the SW-19 permit application for Approval to Construct a Small
Handling Facility (ATC) on February 9, 2000. In April 2000, the monitoring wells
were sampled and the analytical protocols expanded under the Wood Waste
8
Reclamation…” Guidance Policy BWP-98-006, Appendix A. Analytical results for
the expanded protocols again reported no significant impacts associated with the
prescribed VOC’s, semi-volatiles, inorganic drinking water metals and basic wet
chemistry (secondary standards) with the exception of manganese above the SMCL
standards in the downgradient monitoring wells. Elevated manganese is not
uncommon and reported in the upgradient G3 well near Rafe Pond in the Brewster
wellfield. In the evaluation of the occurrence of manganese in the downgradient
wells at the subject property, the total organic carbon and tannins in the upgradient
and downgradient wells were consistent and no significant impact to groundwater
was attributed to buried wood waste.
On September 28, 2001, MassDEP issued a Technical Deficiency Notice to Mr.
Daniels regarding the ATC application advising them that additional information
needed to be submitted. On March 20, 2002, Mr. Daniels notified MassDEP that they
were going to completely excavate all of the buried wood waste at the Site. This First
Amendment to the Administrative Consent Order (#ACO-SE-00-4001) was issued on
December 27, 2002 for the removal of all wood waste and preparation of a closure
certification report with soil and groundwater testing, as well as sloping and re-
vegetation of disturbed areas by January 31, 2005.
No soil or groundwater testing has been identified for this period and on failure to
submit the required information under the ACO, in March 2008 additional
enforcement was attempted by the MassDEP wherein the timeline was extended for
wood waste removal and landfill closure to March 2013 with Green Seal
Environmental (GSE) named as the consultant of record. On September 2008, GSE
filed a report to the MassDEP for the installation and testing of monitoring wells. At
the time, only one (1) of the four (4) monitoring wells seemed to be viable. The
upgradient MW-1 was installed and the downgradient MW-2 and MW-3 were
installed at this time. The testing of these wells reported analytical results consistent
with limited testing in the 1990’s, as well as the expanded sampling protocol for
testing in 2000 wherein VOC’s, semi-volatile polynuclear aromatic hydrocarbons
(PAH) compounds, inorganic metals and standard wet chemistry with primary and
secondary standard testing reported no significant impacts aside from elevated
manganese reported above the SMCL standard in all monitoring wells and elevated
color and TSS in the downgradient MW-2 monitoring well. This report also
summarized prior testing in 1989, 1991 and 1994 wherein no significant impacts or
groundwater quality impairment was reported and opined.
In 2010, the MassDEP identified the absence of significant work progress and noted
failure to submit semi-annual groundwater testing results for Fall/Winter 2008,
Spring/Summer 2009, and Fall/Winter 2009. Subsequent to such notice, in February
2010 GSE produced analytical results for monitoring well sampling and analysis for
October 2009 wherein MW-4 was reported as dry. This report indicated that total
chromium and lead were reported above their respective drinking water standards
MMCL, but GSE opined that this was not attributed to wood waste burial. Although
not specified, elevated total metals are typical in monitoring wells not fully developed
9
and with turbidity, and there is an allowance for re-sampling and comparison with
filtered samples for dissolved metal concentrations. Bennett Environmental
Associates, Inc. (BEA) was retained in March 2010 following such reporting and re-
tested MW-2 for both total and dissolved lead and chromium. [Note the majority of
sampling and work associated with the subjected projected was completed by BEA
prior to its merger with Natural Systems Utilities in January 2019]
Analytical results for samples collected in April 2010 reported both total and
dissolved concentrations of lead and chromium in MW-2 as Below Reporting Limit
(BRL) with the reporting limit concentrations less than the then promulgated MMCL
standards. BEA-NSU continued to document wood waste recovery and conducted
soil and annual groundwater sampling in quarterly reports to the MassDEP and local
authorities from March 2011 to March 2012. This groundwater testing was consistent
with historic testing wherein no VOC, PAHs or metals impacts were reported, though
manganese and iron concentrations were consistently elevated above the SMCL
standards in both upgradient and downgradient wells. Additionally, soil testing under
the areas of wood waste recovery reported no significant environmental impacts in
the VOC’s, EPH/PAH’s and metals testing conducted. As such, no significant soil or
water quality impairment was noted [Refer to Quarterly Reports and ACO Plan –
Appendix A]. BEA terminated services in June 2012 and reinstated services for one
round of sampling in 2015. No groundwater quality impairment was reported in this
January 2015 sampling event.
In 2020, Bennett Environmental Associates, LLC (BEA-NSU) was engaged by
NextGrid and reinstated services including quarterly groundwater monitoring and
negotiations to seek necessary permits for the planned re-use of the property for the
green energy initiative described. The most recent soil and groundwater analyses for
the property are summarized below in Table 1 and Table 2.
10
11
PARAMETER
Sep-10 Sep-11 Jan-15 Mar-20 Jun-20 Sep-10 Sep-11 Jan-15 Mar-20 Jun-20 Sep-10 Sep-11 Jan-15 Mar-20 Jun-20 Sep-10 Sep-11 Jan-15 Mar-20 Apr-20 Jun-20
Arsenic 0.01 0.01 NS NA NA <0.001 <0.005 <0.005 NA NA <0.001 0.006 <0.005 NA NA <0.001 <0.005 <0.005 NA NA 0.0020 0.0381 <0.005 <0.005
Barium 2 2 NS 0.07 0.079 0.108 0.085 0.09 <0.05 <0.010 <0.050 <0.01 <0.01 <0.05 <0.010 <0.050 <0.01 <0.01 <0.05 0.036 <0.050 0.031 <0.01 <0.01
Cadmium 0.005 0.004 NS NA NA <0.005 <0.004 <0.004 NA NA <0.005 <0.004 <0.004 NA NA <0.005 <0.004 <0.004 NA NA <0.005 0.008 <0.004 <0.004
Calcium NS NS NS NA NA NA 3.02 3.05 NA NA NA 6.83 6.22 NA NA NA 3.56 2.12 NA NA NA 9.43 5.9 5.8
Chromium 0.100 0.1 NS NA NA <0.050 <0.01 <0.01 NA NA <0.050 0.032 <0.01 NA NA <0.050 0.015 <0.01 NA NA <0.050 0.028 <0.01 <0.01
Copper 1.3 10 NS NA NA <0.010 <0.01 <0.01 NA NA <0.010 <0.01 <0.01 NA NA <0.010 <0.01 <0.01 NA NA <0.010 0.143 <0.01 <0.01
Iron 0.3/1.0 S NS NS <0.1 0.06 0.634 <0.05 <0.05 0.6 0.33 1.07 1.34 0.197 0.2 <0.05 <0.100 0.236 <0.05 7.2 0.57 6.36 14.8 2.04 1.99
Lead 0.015 0.01 NS <0.005 <0.010 <0.001 <0.01 <0.01 <0.005 <0.010 <0.001 <0.01 <0.01 <0.005 <0.010 <0.001 <0.01 <0.01 0.005 <0.010 <0.001 <0.01 <0.01 <0.01
Manganese 0.3 G NS NS 0.7 0.774 0.429 0.224 0.215 0.13 0.10 0.042 0.065 0.024 <0.05 <0.010 <0.010 0.012 <0.01 0.81 0.806 0.43 0.209 0.145 0.15
Mercury 0.002 0.002 NS NA NA <0.0005 <0.0002 <0.0002 NA NA <0.0005 <0.0002 <0.0002 NA NA <0.0005 <0.0002 <0.0002 NA NA <0.0005 0.0018 <0.0002 <0.0002
Selenium 0.05 0.1 NS NA NA <0.002 <0.01 <0.01 NA NA <0.002 <0.01 <0.01 NA NA <0.002 <0.01 <0.01 NA NA <0.002 <0.01 <0.01 <0.01
Silver 0.1 S 0.007 NS NA NA <0.050 <0.007 <0.007 NA NA <0.050 <0.007 <0.007 NA NA <0.050 <0.007 <0.007 NA NA <0.050 <0.007 <0.007 <0.007
Sodium 20 G NS NA NA NA 34.2 43.4 NA NA NA 14.3 14 NA NA NA 39 31.9 NA NA NA 29.6 40.9 32.9
Zinc 5 S 0.9 NS NA NA <0.10 <0.05 <0.05 NA NA <0.10 <0.05 <0.05 NA NA <0.10 <0.05 <0.05 NA NA <0.10 0.081 <0.05 <0.05
Total VOCs I I ND ND ND 0.001 ND 0.001 0.0012 ND ND ND 0.002 0.0023 0.002 0.0022 0.0015 ND ND ND ND NA ND
Chloroform 0.07 G 0.05 20000 ND ND ND 0.001 ND 0.001 0.0012 ND ND ND 0.002 0.0023 0.002 0.0022 0.0015 ND ND ND ND NA ND
2-Methylnaphthalene NS 0.01 2000000 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Acenaphthene NS 0.02 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Acenaphthylene NS 0.03 10000000 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Anthracene NS 0.03 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(a)anthracene NS 0.001 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(a)pyrene 0.0002 0.0002 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(b)fluoranthene NS 0.001 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(ghi)perylene NS 0.02 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(k)fluoranthene NS 0.001 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Chrysene NS 0.002 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Dibenzo(a,h)anthracene NS 0.0005 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Fluoranthene NS 0.09 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Fluorene NS 0.03 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Indeno(1,2,3-cd)Pyrene NS 0.0005 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Naphthalene NS 0.14 1000000 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Phenanthrene NS 0.04 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Pyrene NS 0.02 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Tannin & Lignin NS NS NS <0.20 <0.20 <0.12 <0.2 <0.2 <0.20 <0.20 <0.12 <0.2 <0.2 <0.20 <0.20 <0.12 <0.2 <0.2 2.3 0.50 5.2 2.0 NA <0.2
COD NS NS NS <20 <20 12 <20 <20 60 <20 10 <20 <20 <20 <20 <10 <20 <20 79 52 31 160 NA <20
TOC NS NS NS 1.4 1.4 <5 0.88 0.78 <0.5 <0.50 <5 <0.5 <0.5 0.7 0.63 <5 <0.5 <0.5 19 12 8.3 7.8 NA 4.5
Alkalinity (as CaCO3)NS NS NS 13 15 <1.0 6.6 6.3 21 21 22 31.4 31.7 7 8.9 4.1 7.1 7.3 49 62 61 34.4 NA 30.9
Chloride 250 S NS NS 73 45 71 63 75 25 26 27 20 21 48.0 51.0 67.0 73.0 49 31 26 26 51 NA 52
Cyanide, Total 0.2 0.03 NS NA NA <0.01 <0.005 <0.005 NA NA <0.01 <0.005 <0.005 NA NA <0.01 <0.005 <0.005 NA NA <0.01 <0.005 NA <0.005
Total K Nitrogen (TKN)10 NS NS <0.5 0.3 <0.50 <0.3 <0.3 <0.5 <0.30 <0.50 0.76 <0.3 <0.5 <0.30 <0.50 <0.3 <0.3 7.3 2.8 1.2 3.0 NA <0.3
Nitrate-N 10 NS NS 0.35 NA 0.96 0.597 0.377 0.40 NA 0.30 0.34 0.322 0.14 NA 0.14 0.271 0.277 0.08 NA 2.90 1.13 NA 0.273
Nitrate/Nitrite-N 10 NS NA 3.90 NA NA NA NA <0.36 NA NA NA NA 0.17 NA NA NA NA 2.70 NA NA NA NA
Nitrogen, Total NS NS NS 0.60 4.2 1.21 0.757 0.527 0.65 0.33 0.55 1.097 0.472 0.39 0.32 0.35 0.421 0.427 7.38 5.50 4.10 4.16 NA 0.423
Phelol, Total NS NS NA NA <0.01 NA NA NA NA <0.01 NA NA NA NA 0.02 NA NA NA NA <0.01 NA NA NA
Sulfate 250 S NS NS 8 <10 6.4 <10 <10 6 <10 6.8 <10 <10 6 <10 6.9 <10 <10 18 18 20 15 NA <10
Sulfide NS NS NS <0.2 <0.10 <0.25 <0.1 <0.1 <0.2 <0.10 <0.25 <0.1 <0.1 <0.2 <0.10 <0.25 <0.1 <0.1 <0.2 <0.10 <0.25 <0.1 NA <0.1
Total Dissolved Solids 500 S NS NS 210 140 NA 140 110 150 120 NA 92 72 110 120 NA 140 130 160 180 NA 140 NA 130
Total Suspended Solids NS NS NA NA 7 NA NA NA NA 22 NA NA NA NA <2 NA NA NA NA <2 NA NA NA
Temperature (oC)NS NS NS 59 54 53.17 53 54.5 60 54 51.07 52.1 52.3 60 53 52.22 53 53.4 62 56 54.61 52.5 60.9 56.7
pH (pH units)6.5-8.5 S NS NS 5.12 5.36 11.12 5.05 4.7 6.05 4.52 11.12 6.38 6.1 5.33 5.28 11.13 5.66 5.37 5.57 4.95 10.57 6.11 5.87 5.42
Specific Conductivity (uS/cm)NS NS NS 361 188 190 148.4 177.1 136 120 98 82.5 83 177 158 167 163.2 126.6 240 230 195 162.2 185.7 161.8
Dissolved Oxygen (mg/L)NS NS NS 3.04 2.08 4.85 7.64 7.26 5.71 0.13 5.07 4.42 3.95 7.39 0.16 11.04 10.63 8.84 2.45 0.12 1.00 5.44 2.36 3.78
MDWS = Massachusetts Drinking Water Standard (MMCL)
RCGW-1 = Massachusetts Reportable Groundwater Concentration Standard 1
NA = Not Analyzed for Indicated Compound
G = Massachusetts Drinking Water Guideline (ORSG)
S = Secondary Maximum Contaminant Levels (SMCL)
NA = Not Analyzed for Indicated Compound
NS = No Standard
I = VOCs Standards Specific to Individual Compound
)> = All VOC Compounds Analyzed but not found, except Compound Specified Below
U = Analyzed but not found; detection limit listed
= Indicates an exceedance of MMCL, ORSG, or Reportable Concentration Standard
= Indicates an exceedance of SMCL
= Analyzed but not found; detection limit above a Standard
* Dissolved
MW-1A
FIELD PARAMETERS
GENERAL CHEMISTRY
AGGREGATE ORGANIC CONSTITUENTS
STANDARDS (mg/l)
RCGW-1 GW-2MDWS MW-4
Table 2: Temporal Groundwater Analysis Summary - September 2010 through June 2020
METALS (DISSOLVED)
POLY-NUCLEAR AROMATIC HYDROCARBONS (PAHs)
VOLATILE ORGANIC COMPOUNDS (VOCs)
Brewster, Massachusetts
Off of Freemans Way
Daniels/Antinarelli Property
MW-3MW-2
12
Notwithstanding the compliance history and gaps in the environmental testing of on-
site monitoring wells, no buried banned materials, municipal solid waste (MSL) or
construction and demolition debris (C&D) have been reported and at least 10’ of
groundwater separation has been maintained. Although there have been periodic hits
of various metals reported above the drinking water standards, re-testing for both
total and dissolved concentrations has shown such impacts as non-persistent and as
false positives associated with sample turbidity. In the historic groundwater
sampling, no significant groundwater impacts have been reported nor have any
significant exposure risks to human or environmental receptors been identified as
associated with the historic use of the property. Likewise, soil testing in the areas of
recovered wood waste show no significant soil impacts, nor have any significant
exposure risks to human or environmental receptors been identified.
B. Property Description and Current Use
Property Description
The subject property consists of two parcels of land with a combined 10.4 acres of
land area, located immediately east of the intersection of State Highway - Route 6 and
north of Freeman’s Way in Brewster MA. The property is between Exit 11 and Exit
12, some 2 ½ miles west of Orleans Center and 2 ½ miles south of Brewster Center in
the Industrial Zone District across the street from the Captains Golf Course. [Refer to
Figure 1].
The property is entirely upland as extensively excavated from a topographic high
along the perimeter of elevation 100, to elevation 60 (NAVD88) in the bottom of the
pit. Regional groundwater is projected at elevation 32(+/-) with a regional
groundwater flow to the east [Refer to Figure 2]. There are no buildings located on
the property with stockpiled unprocessed wood waste (totaling approximately 15,500
+/- yds3) still buried against the banking along its western side and at the top of the
banking on western sideline. Adjacent to this area is another pile of partially
processed wood waste (5,200 yds3), as centrally located on the western side of the
property. A stockpile of loam screened from the wood waste (4,400 yds3) is located
in the northern portion of the western side of the property. In the eastern side of the
property, several smaller piles of boulders, woodchips, mulch, sand and clean fill
exist. On the eastern side of the property, closest to the entrance, is a low-lying area
that collects stormwater [Refer to Existing Conditions Plan – Appendix A].
Current Use
The subject property is currently under to a Cease and Desist Order and can no longer
accept any additional wood waste. The property is currently used solely for the
stockpiling of materials used in the owner’s day to day operations as excavation and
landscape contractors. No significant recovery or processing of wood waste has been
reported over the past 3 years.
13
The area is moderately to sparsely developed with the Brewster Recreation Fields and
Watershed to the west, municipal golf course to the south, mostly land-locked
undeveloped land to the north, and industrial and commercial use properties and
facilities to the east, including other sand and gravel mining and a permitted solid
waste handling facility. Ironically, the Industrial District falls almost entirely within
the Zone II Wellhead Protection areas for the Brewster and Orleans municipal
wellfields. Within the Brewster Watershed endangered species are noted and to the
north, vernal pools are mapped [Refer to Figure 3].
C. Effect of Changes: Public Health, Safety and Welfare
The planned PV facility use of the Site Assigned area of wood waste burial
and recovery with the filing of the Landfill Closure and Facility Re-Use and
benefit of local approvals will address the outstanding compliance issues
under the ACO. The influx of capital associated with the project will result
in the anticipated removal of all buried wood waste and eliminate potential
for any significant environmental impacts associated with past historic
operations. Furthermore, in the current state of non-compliance and under
the Stop Work Order, the property is derelict and such green energy initiative
is comparable to Brownfields Recovery wherein the property is brought back
into a useful and beneficial role with regards to alternative energy for the
reduction of carbon emissions and related climate change concerns, as within
the stated policy objectives of the Commonwealth. Additionally, such
planned re-use benefits the local community as consistent with the role and
expressed intension of the Solar Overlay and Water Quality Overlay within
the Industrial District as expressly encouraged and compatible with the
Brewster Zoning By-Laws wherein such ground-mounted solar arrays and
utility use is encouraged as mutually compatible. As such, the project clearly
advances the interest of Public Health, Safety and Welfare on a local,
regional and state level.
II.PROPOSED PHOTOVOLTAIC FACILITY USE
A. Post Closure Planning – Wood waste Recovery
In prior communications with the MA Department of Environmental
Protection, Southeast Regional Offices, as framed in the Pre-Application
Consultation correspondence (4/29/20) and subsequent communications under
COVID-19 protocols, an understanding for expedited permitting was
advanced. It is understood that the expedited permitting of the wood waste
facility would be simplified and that in order to get utility approvals, the
Department would accept this Re-Use Application in advance of the
certification of Landfill Closure Permitting. It is understood and agreed upon
by the parties that any such approvals of the SW37: Post Closure Use will be
contingent on the submittal and approval of the SW43 Landfill Closure
Completion and that, as limited under COVID-19 protocols and demonstration
14
of intent, the entirety of the project will take place over an accelerated
timeline for construction of the facility in the first quarter of 2021. Hence, the
Post-Closure Planning is included herein.
Following the submittal and conditional approval of the SW-37 permit
application and local approvals under Site Plan Review and Zoning Board of
Appeals as scheduled to be completed by mid-October 2020, the applicant
will take possession of the property and begin wood waste recovery
operations for the removal of the estimated 23,300 +/- yds3 of un-process and
partially processed wood waste still located on the property, as accumulated
against the banking of the former gravel pit. Some 2000 yds3 of an estimated
4,400 yds3 of the screened loam from recovery operations will be re-used in
the final groundcover to support revegetation and not included in the estimate
for material needing to be removed and managed to support landfill closure.
During the course of wood waste recovery, any unsuitable or banned materials
will be segregated and isolated for disposal at an appropriately licensed
facility. Otherwise, the wood waste will be excavated and hauled to Cape
Sand and Recycling as a duly licensed Handling Facility and active sand and
gravel mining operation for aboveground processing. It is anticipated in the
aggressive permitting schedule that this work can be completed within four
weeks, as supervised and documented by BEA-NSU.
At the end of such work, soil sampling of native underlying material at a
density of not less than five (5) per 40,000 square feet will be collected for
field inspection and photoionization screening. Soil sampling will be
documented in the Landfill Closure report and include any additional
laboratory results for any identified “hot-spot” and/or as composited for
laboratory analysis for volatile organic compounds (VOCs, EPA 8260B), MA
DEP Metals (EPA 6010B/7471A) and extractable petroleum hydrocarbons
with polynuclear aromatic hydrocarbons (EPH/PAHs). Additionally, until
such wood waste recovery is completed, quarterly groundwater sampling and
analysis of the on-site monitoring wells will continue under the protocols
specified within the “Wood Waste Reclamation Facilities Siting and
Permitting Requirements”, Appendix A (Guidance #BWP-98-006).
B. PV Facility Description
The proposed re-use of the Site Assigned portion of the parent property, and
other areas of the property where wood waste accumulations remain, are
intended to be re-used for the construction of 3.2 MWdc ground-mounted
photovoltaic facility with some 7056-395W panels at a 20 degree tilt with
southern exposure as covering some 5.86 +/- acres of the parent property 10.4
+/- acres of land area. This revised lower number of panels and voltage is a
result of property limitations realized on the review and consideration of
surveyed existing conditions following the Cape Cod Commission submittal
15
for jurisdictional determination. Now, of the 7056 panels proposed,
approximately 3,423 of these PV panels fall within the area of Site
Assignment.
C. Final Grading and Cover
Following completion of wood waste recovery and management, and with the
benefit of analytical results documenting no significant environmental impacts
to underlying soils and groundwater, the slopes of the former gravel pit will be
graded to the specifications on the BSC Group plan set entitled “Ground-
Mounted Photovoltaic System – 0 Freemans Way Brewster, MA”, Brian
Yergatian, PE #46206, Dated June 19, 2020 (Revisions through 8/10/20)
[Refer to Appendix B]. Temporary drainage will be provided during
construction by constructed drainage swales. Final grading will divert
stormwater to a series of leaching catch basins in a 62’ x 10’ gallery
configuration; centrally located on the property beneath the planned PV array.
Silt controls will be put in place until ground cover has been established
through planned re-vegetation, wherein a portion of the stockpile topsoil (8-
12”) will be used to support natural grasses planned for ground stabilization.
The silt controls will be staked coir rolls, Filtrexx Soxx or equivalent.
D. PV Array mounting and Configuration
The ground-mounted PV array will be constructed using friction-pile type
supports with a frame and installed into the natural sandy soils. The
galvanized steel frame and supports will be constructed as racks to support the
mounting of 14 solar panels per rack. There will be 230 full racks and another
29 partial racks making up the PV array with some 7,056-395W panels at a 20
degree tilt with southern exposure. As previously noted, the PV array will be
centrally located covering some 5.86 +/- acres of the parent 10.4 +/- acres of
land area. Approximately 3,423 of these PV panels fall within the area of Site
Assignment.
16
FIGURE 4: Excerpt from Existing Conditions plan by BEA-NSU highlighting the area of the subject property
in bold that was Site Assigned by the Brewster Board of Health in public hearing August 11, 1987 referred to
as Lot 56; Plan Book 299, Page 96 at the Barnstable County Registry of Deeds.
E. Settlement Analysis
The planned Post Closure Use of the property for a ground-mounted PV
facility is conditioned on the removal and certification of Landfill Closure
wherein all wood waste would be removed. The friction-pile type frames for
the solar panels will be driven into the natural sandy soils that have not been
17
previously disturbed to specifications for load bearing. As such, no settlement
is anticipated. If any settlement were to occur as would affect the alignment
or tilt of the solar panels, the frames would be adjusted to optimize efficiently.
F. Erosion Control Sedimentation Controls
The existing condition of the property is that of a former gravel pit that has
been extensively mined to the limits of the property and subsequently used for
the stockpiling of wood waste along the sides of the pit such that they became
buried under additional wood waste as periodically and sequentially mined
over 10 year cycles for various landscaping product (wood chips, mulch,
loam). Based on the topography of the pit, all stormwater and any sediment
generated were confined to the property. As the areas of the property were
mined, the slopes were graded and vegetated to prevent any significant
erosion.
As noted, in the recovery of the remaining wood waste and planned sloping of
the banks for post closure use, temporary drainage swales will be created for
stormwater management, and Geoweb GW30V4 panels will be installed and
anchored, and loam and seed will be used to stabilize the slopes and prevent
erosion and the control sedimentations during construction.
G. Drainage Plan and Stormwater Management
Subject to final grading of the slopes, the floor of the pit will be graded toward
a central location where the permanent stormwater drainage system will be
constructed. This system will consist of six (6) 6’ x 6’ precast leach pits set
on and 1’ bed of stone in a gallery configurations with final dimensions 62’
(L) x 10 (W) x 7’ (D). Silt controls will be put in place until ground cover has
been established. In the interim, a silt barrier surrounding the leaching gallery
will be constructed of staked coir rolls such as Filtrexx Soxx or equivalent.
III: PERMIT CRITERIA
A. MEPA Compliance
In accordance with the provisions of 301 CMR 11.00, the Environmental
Policy Act, the project does not meet the MEPA review threshold
requirements. The project is less than 50 acres, does not create impervious
area, the land has been cleared and is in non-agricultural industrial use with no
wetlands or significant habitat interest as extensively mined. There is no
withdrawal of water or wastewater generated. There is no creation of any
significant roadway nor has any significant transportation. As a green energy
generating, the proposed facility will not generate 100 megawatts (Mw) or
more. The project will address outstanding compliance issues related to solid
waste regulations with the conditional removal of accumulated wood waste
18
with no associated municipal solid waste or hazardous waste. As a former
gravel pit and stump dump, there are no historic or archeological resources
and it is not in a designated Area of Critical Environmental Concern.
Under the threshold criteria established within 301 CMR 11.03, no
Environmental Notification Form of Environmental Impact Report is required
as a part of the local or state permitting of the planned PV facility.
B. Site Assignment
As reported, in April 1985 the Site Assignment process was initiated by the
former owner, Roland Mayo. His petition for Site Assignment as a
grandfathered use dating back to 1954 was approved with the benefit of a
Hydrogeological Investigation Report prepared as indicating no significant
environmental impacts associate with the historic use of the property as a
stump dump. The findings were presented to the Board of Health at the
August 11, 1987 public hearing for the continuation of deliberations on Site
Assignment for continued use of the Lot 56 portion of the property as a stump
dump. The Site Assignment was granted at this hearing as contingent on MA
DEQE approvals and conditioned upon quarterly groundwater sampling of the
monitoring wells, disposal of brush and stumps only by Mayo, Daniels and
Antinarelli, and the entrance be equipped with a locked gate.
Mr. Mayo subsequently sold this property, Lot 56 (5.3 acres of land),
described in the deed recorded in Book 4552, Page 607-608 to Michael
Antinarelli and Paul S. Daniels on May 22, 1985. Registry records indicate
that Michael Antinarelli and Paul S. Daniels subsequently purchased the
abutting 5.13 acre property from Herman E. Howes on May 28, 1985 and
jointly owned a 50% undivided interest in the combined lots as the parent
property to the existing subject property with Site Assignment of the eastern
portion of the property as Lot 56. Daniels and Antinarelli filed the Landfill
Permitting application with plans and reports for the licensing of the stump
dump in January 1989 [Refer to Compliance History Section IA].
The Lot 56 has been incorporated as a portion of the current property as
shown on Figure 4 (Refer to Page 14). A small portion of the remaining
wood waste falls within the Site Assigned area, to be removed with the
balance of the wood waste. Within the project as planned, approximately
3,423 of the 7,056 (48.5% +/-) of the PV panels fall within the area of Site
Assignment.
C. Health and Safety Impact
The planned use of the area of Site Assignment for the ground-mounted PV
array, as conditioned upon the removal and off-site management of remaining
wood waste, has significant benefit to Public Health as eliminating potential
19
environmental impacts in a Zone II – Wellhead Protection area as a drinking
water source. Additionally, green energy and the elimination of carbon
emissions have a general benefit to Public Health in slowing climate change
and reducing emissions to the air. The planned redevelopment of the property
with the sloping and revegetation of the banks, as well as perimeter fencing,
addresses potential safety issues associated with trespassers and visitors
related to potential falls and engulfment. The project as planned is a
significant improvement over the current use of the property with tangible
benefits to Public Health and Safety interests in the re-use of a distressed and
underutilized property.
D. Enforcement Status
The property has a significant history of reported Non-Compliance and is
currently subject to an Administrative Consent Order for the closure of the
facility [Refer to Compliance History, Section IA]. The Administrative
Consent Order (#ACO-SE-00-4001), originally issued to Paul Daniels on
December 27, 2002, has been amended several times but remains outstanding.
Additionally, under local jurisdiction of the Brewster Water Quality Review
Committee, a Cease and Desist Order was issued to halt all use of the property
for stockpiling or burial of additional wood waste.
As part of the Pre-Application conference for permitting Landfill Closure and
Use of the Site Assigned area, the MassDEP has indicated that the
Administrative Consent Order (ACO) remains the responsibility of the owners
and will, by statute, carry to that of NextGrid on the purchase of the property.
Notwithstanding, the Department seeks to avoid renegotiating and issuing
another ACO with the understanding that the permitted use of the Site
Assigned area for the proposed PV facility is contingent upon the removal of
all wood waste and certification of Landfill Closure. This permit is part of
this good faith effort to return to compliance. It is understood that following
the approval of this permit application, and local Site Plan Review and Zoning
Board of Appeals approvals, the applicant will take ownership of the land and
start recovery operations. Following recovery, and with the benefit of soil and
groundwater data, the banking will be sloped and revegetated and the Landfill
Closure SW-43 permits and plans with certifications filed. Construction of
the facility will follow, as anticipated to be completed within the first quarter
of 2021.
E. Financial Assurance Mechanism
With the removal of the wood waste and submittal of the Landfill Closure
Permit with certifications, there will be no solid waste or need for the Site
Assignment. The Site Assignment will be terminated. As such, there is no
need or requirement for a Financial Assurance Mechanism for the project as
represented herein.
20
F. Compliance with Applicable Laws and Regulations
This application is the first of two solid waste permits being sought under the
MA Department of Environmental Protection Solid Waste Regulations. The
SW-37 Post Closure Use application is being filed for utility approvals of the
land for the ground-mounted PV facility. This, together with local approvals
under the Site Plan Review and Zoning Board of Appeals, is necessary to
assure viability of the project prior to investment by the client in purchasing
the land and conducting the remedial work and facility construction
represented herein. Copies of such applications and prior approvals are
included as Appendix D of this permit application. All applicable laws and
regulations are anticipated to be addressed with the submittal of the SW-43
Landfill Closure pending approval of this SW-37 Post-Closure Use permit, as
well as local approvals under Site Plan Review and the approval of minor
setback variances filed with the Zoning Board of Appeals. Such approvals are
anticipated in October 2020.
FIGURES
Figure 3: According to the MassGIS Priority Resource Map, the subject property is shown within
a medium-yield, potentially-productive aquifer. Based on this designation, the site is within a
potential drinking water source area (PDWSA). The site is also shown within the radius of a
Zone II PWS Protection Area, with two commercial public water supplies located within a half
mile radius of the site. The subject property is also shown as within the EPA-designated Sole
Source Aquifer for all land east of the Cape Cod Canal. Based on regional groundwater flow to
the west-southwest, the primary potential environmental receptor is Pleasant Bay.
APPENDICES
APPENDIX B
GROUND-MOUNTEDPHOTOVOLTAIC SYSTEM0 FREEMANS WAYBREWSTER, MASSACHUSETTSJUNE 19, 2020REVISED: AUGUST 10, 20201TITLE SHEET2EXISTING CONDITIONS PLAN3SITE PREPARATION &EROSION CONTROL PLAN4LAYOUT & MATERIALS PLAN5GRADING & DRAINAGE PLAN6UTILITY PLAN7-8DETAILSNEXTGRID, INC.PO BOX 7775 #73069SAN FRANCISCO, CA 94120LOCUS MAPISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONLOCUSINDEX OF DRAWINGS349 Main Street - Route 28W. Yarmouth, Massachusetts02673508 778 8919
SCALE 1"=40'LEGENDMAKEY MAPLOCUSBREWSTER,MONITORING WELL (BEA)TPMWCONCRETE BOUNDTEST PIT (DONE BY OTHERS)SOIL SAMPLE (BEA)SCALE:BY:CHECK:JOB NUMBER:P.O. BOX 7775 # 73069 - SAN FRANCISCO, CA 94120PHONE: (508) 896-1706 FAX: (508) 896-51091573 MAIN STREET, BREWSTER, MA 02631LICENSED SITE PROFESSIONALS, ENVIRONMENTAL SCIENTISTS, www.bennett-ea.comGEOLOGISTS, ENGINEERS BENNETT ENVIRONMENTAL ASSOCIATES, LLC.6/30/20As NotedHDRDCBK11273PROJECT:TITLE:DATE:BEANEXTGRID PATRIOTS, LLCEXISTING CONDITIONS SITE PLANWHOLLY OWNED ENTITY OF NEXTGRID, INC.050100SCALE 1"=50'150SKETCH PLANA NATURAL SYSTEMS UTILITIES COMPANYLANDFILL CLOSURE (SW-43) AND POST CLOSURE USE (SW-37 PERMITTING)6138/395 WATT PANELS989 FREEMANS WAY - BREWSTER, MA 02631 (PARCEL IDs 119-6-0 AND 119-8-0)REFERENCES:TOPOGRAPHAPHY PERIMETER SURVEY PERFORMED BY JOHNDEMAREST OF DEMAREST LAND SURVEYING APRIL 22, 2020 ANDREVISED FOR CURB CUT OFF FREEMANS WAY MAY 11, 2020.BASED ON PLAN ENTITLED "SUBDIVISION OF LAND IN BREWSTER FORMICHAEL ANTINARELLI AND STEVE DANIELS ...", BY RYDER & WILCOXORLEANS, MA, DATED JULY 22, 2015 (PLAN BOOK 660, PAGE 91).VERTICAL DATUM AND HORIZONTAL DATUM TO REMAIN IN THIS AREAUNDER REFERENCES.
349 Main Street - Route 28West Yarmouth, Massachusetts02673508 778 8919INISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONGROUND-MOUTNEDPHOTOVOLTAIC0 FREEMANS WAYBREWSTERMASSACHUSETTS(BARNSTABLE COUNTY)SITE PREPARATION &EROSION CONTROL PLANJUNE 19, 2020SYSTEM
349 Main Street - Route 28West Yarmouth, Massachusetts02673508 778 8919INISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONGROUND-MOUNTEDPHOTOVOLTAIC0 FREEMANS WAYBREWSTERMASSACHUSETTS(BARNSTABLE COUNTY)LAYOUT & MATERIALSPLANJUNE 19, 2020SYSTEM
349 Main Street - Route 28West Yarmouth, Massachusetts02673508 778 8919INISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONGROUND-MOUNTEDPHOTOVOLTAIC0 FREEMANS WAYBREWSTERMASSACHUSETTS(BARNSTABLE COUNTY)GRADING & DRAINAGEPLANJUNE 19, 2020SYSTEM
349 Main Street - Route 28West Yarmouth, Massachusetts02673508 778 8919INISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONGROUND-MOUNTEDPHOTOVOLTAIC0 FREEMANS WAYBREWSTERMASSACHUSETTS(BARNSTABLE COUNTY)UTILITY PLANJUNE 19, 2020SYSTEM
349 Main Street - Route 28West Yarmouth, Massachusetts02673508 778 8919INISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONGROUND-MOUNTEDPHOTOVOLTAIC 0 FREEMANS WAYBREWSTERMASSACHUSETTS(BARNSTABLE COUNTY)DETAIL SHEETJUNE 19, 2020SYSTEM
APPENDIX C
ees)Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Southeast Regional Office »20 Riverside Drive,Lakeville MA 02347 *508-946-2700
Charles D.Baker Kathleen Theoharides
Governor Secretary
Karyn E.Polito Martin Suuberg
Lieutenant Governor Commissioner
January 12,2021
Mr.Daniel Serber
Senior Director of Land Development
Next Grid NFF Marshfield LLC
P.O.Box 7755 #73069
San Francisco,CA 94120
RE:Approval with Conditions
Application for:BWP SW 37 Post-Closure Use -Minor
Solar Photovoltaic Array
Application No:20-S W37-0003-APP
Permit Authorization No:SW37-0000015
Daniels Antinarelli Stump Dump
443 Freemans Way
Brewster,MA 02631
Facility ID#:337767,Regulated Object#:337768
Dear Mr.Serber:
The Massachusetts Department of Environmental Protection,Solid Waste Management Section (the
"MassDEP"),has completed its Administrative Reviewand Technical Review of the referenced Post-
Closure Use permit application (the "Application")for the Daniels Antinarelli Stump Dump (the
“Site”).The Application was prepared and submitted on behalf of NextGrid NFF Marshfield LLC
(“NextGrid”)by Bennett Environmental Associates,LLC (the “Engineer”)of Brewster,
Massachusetts.
MassDEP has determined the Application is administratively and technically complete and hereby
approves the Post-Closure Use of the Landfill for a 3.2 megawatts ("MW")DC solar photovoltaic
("PV")array subject to conditions as specified herein.
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
I.SUBMITTALS:
MassDEP hasreviewed the Application pursuant to 310 CMR 19.000:Solid Waste Regulations,
310 CMR 19.143:Post-Closure Use of Landfills and MassDEP's Landfill Technical Guidance
Manual,May 1997 (the "Manual").The Application consists of the following:
e Acompleted BWP SW 37 application form for Post-Closure Use —Minor with assigned
application no:20-SW37-0003-APP,an application form for Post-Closure Use -Minor
(BWP SW 37)signed by Daniel Serber of NextGrid;
A report narrative prepared by Bennett Environmental Associates,LLC dated September
17,2020 describing the proposed use which includes erosion and sedimentation controls,
drainage plan and stormwater management,and Permit Criteria;
A set of eight engineering drawings dated August 10,2020 prepared by BSC Group of
West Yarmouth,Massachusetts and signed by Brian G.Yergatian,Massachusetts
Registered Professional Engineer No.46206;
The Application was submitted electronically via the Massachusetts Executive Office of Energy
and Environmental Affairs ePlace Portal at https://permitting.state.ma.us/CitizenAccess/on
September 30,2020.
The following supplemental information was submitted in response to MassDEP questions and
comments:
e Acopy ofthe Administrative Consent Order dated September 16,2010 issued by MassDEP
to Daniels Landscaping &Construction,Inc.of Orleans,Massachusetts,a copy of the
Property Card from the Town of Brewster Assessor for Parcel ID 119-6-0 and Parcel ID
119-8-0,and a copy of the Town of Brewster Registry of Deeds Book 660 Page 9,
submitted electronically via email by the Engineer on December3,2020.
Variance approval from the Town of Brewster Zoning Board of Appeals dated October 19,
2020,Site Plan Review Approval Modification #2019-17 dated October 28,2020 and
Special Permit and Site Plan Review Decision #2020-14 from the Town of Brewster
Planning Department,submitted electronically via email by the Engineer on December 3,
2020.
MassDEP’s review of the application is limited to the submittals as listed above.Bearing capacity
and settlement analysis that would include a geotechnical evaluation were not required for
submittal and/or reviewed.The Application indicated that no settlementis anticipated since the
installation of the frame for the PV panels will be driven into the soils that have not been previously
disturbed to specifications for load bearing.The Applicant did not submit a stability analysis on
the proposed PV array project at this time (refer to Condition #3).
The Application may be reviewed online at https://eeaonline.eea.state.ma.us/EEA/PublicApp/
using the “Site Name”Daniels Antinarelli Stump Dump and the “Search”tab.Under “Record
Type”,select the “Application”file with the 09/30/2020 “tipplcation Date”and the
“Authorization”file with the 05/01/2021 “Authorization Date”.
Il.SITE DESCRIPTION:
The Daniels Antinarelli Stump Dump is located immediately east of the intersection of Route 6
and north of Freeman’s way in Brewster,Massachusetts.The Site encompasses approximately a
total of 10.4 acres of land and consists of two lots:Lot 56 (i.e.,Parcel ID 119-6)and Lot 58,each
consisting of approximately 5.2 acres of land.The Site abuts the Brewster Recreation Fields and
Watershed to the west,a municipal golf course to the south,mostly land-locked undeveloped land
to the north,and industrial and commercial use properties andfacilities to the east.There are no
buildings located on the Site.Accordingto the letter from MassDEP addressed to Aaron Culig of
NextGrid,Inc.dated November 3,2020 and the Existing Conditions Site Plan submitted to
MassDEP in April 2020,the following approximate volumes of woodwaste still remain atthe Site:
Woodwaste Type Parcel ID 119-6 Parcel ID 119-8
Unprocessed Woodwaste None 15,681 cubic yards (CY)
Partially Processed Woodwaste None 5:190.CY
Totals 0 CY 20,871 CY
As a condition to this Approval,the Applicant shall conduct woodwaste recovery operations by
removing all the woodwaste including stockpiled woodwaste and any buried woodwaste that may
be discovered during project activities.Processed woodwaste (i.e.woodchips)may be used as
landscaping material (e.g.erosion control).Utilization of this processed woodwaste as fill material
for the PV array project is prohibited by MassDEP pursuant to the Solid Waste Regulations (refer
to Condition #2).
The Application indicated that approximately 2,000 CY of an estimated 4,400 CY of screened
loam from recovery operations shall be re-used in the final groundcover to support revegetation.
Any unsuitable materials that do not qualify for reuse at the Site will be transported off-site to
Cape Sand and Recycling,a permitted and licensed solid waste facility (refer to Condition #2).
Erosion and Sedimentation Controls:The Applicant indicated that based on the topographyof the
Site,all stormwater and any sediment generated were confined to the Site.Existing slopes were
graded and vegetated to prevent erosion.No history of flooding has ever recorded on site.
Post-Closure Maintenance and Environmental Monitoring:Pursuant to 310 CMR 19.006:
Definitions,the Site does not meet the definition for a Landfill;therefore,post —closure
maintenance and environmental monitoring is not required.Post-Closure maintenance work at the
Site will be associated with the PV array project upon construction completion and during
operation.
Ill.POST-CLOSURE USE PROPOSAL SUMMARY:
Upon purchase completion of the subject property (Parcel ID 119-6 and Parcel ID 119-8)from the
current owner,the Applicant will develop,build,own,and operate a PV array at the Site.The
Applicant shall be responsible in removingall buried woodwaste from the Site and submit a BWP
SW-43 Closure Completion permit application for MassDEP review and approval,documenting the
woodwaste recovery and removaloperation (refer to Condition #3).
4
The Applicantis proposing to construct and maintain a PV array on an approximate 5.86-acre portion
of the 10.4-acre Site,tentatively consisting of the following components:
e Approximately 7,056,395-Watt (W)PV modules (manufacturer to be determined)that will
be mounted onpile-driven galvanized steel frame and support racks;
e total of 230 full racks and another 29 partial racks of RBI Solar Fixed-Tilt Ground
MoundSolution Model GM-2,supporting 14 modules perrack;
The racking system will hold the modules ata fixed tilt of 20 degrees facing south.Approximately
3,423 modules will be installed within the area of Site Assignment.The supporting appurtenances
to the system will include inverters,DC converters,neutral grounding reactors,transformers,a
Data Acquisition System (DAS),and several pile-driven utility poles.
The Applicant is proposing to install a battery storage system (manufacturer and model are to be
determined).The system will be used to store energy’generated by the PV array to inject into the
grid at times of need.Interconnection agreement with Eversource will be established to allow
electric power generated by the solar array to be distributed through the local distribution circuit.
The Applicant is proposing to stabilize the construction entrance off Freeman’s Way by placing a
concrete pad.The concrete pad will be a minimum 50 inches long,15 inches wide and raised 8
inch above grade with a 2 inch diameter coarse aggregate overlain by geotextile filter fabric.
Glare Analysis:The Town of Brewster Zoning Board of Appeals required NextGrid to identify
potential impacts resulting from the proposed project and to comply with the local zoning
regulations in the Town’s Bylaws.The zoning regulations include potential glare impact resulting
from the proposed project.The project was granted a variance from the Zoning Board of Appeals
on December 1,2020.The Engineer has indicated that the elevation at the bottom of the pit is
approximately between 20-and 30-feet below the street level;therefore,the proposed project will
not have a direct visual sight that will impact the surrounding facilities and/or community.The
Application has also indicated that the panels will be coated in anti-glare material (refer to
Condition #5).
Stormwater:Temporary drainage will be provided during construction by constructed drainage
swales.Final grading will divert stormwater toward a central location where a permanent
stormwater drainage system will be constructed.The system will consist of six (6)precast leaching
catch basins in a 62 by 10 foot gallery configuration,located on Site beneath the proposed PV
array.A 12-inch thick layer of crushed stone,approximately 1-inch diameter,will be placed below
the leaching pit.Silt controls will be put in place until ground cover has beenestablished through
revegetation,wherein a portion of stockpile topsoil will be used to support natural grasses planned
for ground stabilization.A silt barrier surrounding the leaching gallery will be constructed of
staked coir rolls or equivalent.
Site Security:For security purposes,the Applicants are proposing to enclose the PV array with a
chain link fence.The fence will be 7 feet high,and is fabricated with 2 inches mesh size,9-gauge,
galvanized chain link fabric,top and bottom selvage knuckled.All the fence posts,including the
line posts and terminal posts will be constructed with 12 inches diameter concrete footing onto a
compacted subgrade to a depth of 4 feet below final grade.A double swing gate will be installed
at the entrance off Freeman’s Way(refer to Condition #9).
Decommissioning Plan and Financial Assurance Mechanism:With the removal of the woodwaste
and submittal of a BWP SW-43 Closure Completion permit application to MassDEP (refer to
Conditions #2 and #3),there will be no solid waste on Site.The Applicant will purchase the
property where the proposed PV array will be constructed;therefore,as the owner of the Site,the
Applicant is not required to submit a decommissioning plan.The Application indicated that the
Site Assignment will be terminated.A copyof the Site Assignment termination shall be submitted
to MassDEP.Financial Assurance Mechanism shall be required if the Site Assignment is not
terminated accordingly.
IV.APPLICATION REVIEW AND DECISION PROCESS:
The Application was submitted and reviewed pursuant to the provisions of 310 CMR 19.029(2):
Applicable Permit Procedures and 310 CMR 19.033:Permit Procedure for an Application for a
Permit Modification or Other Approval.According to these review procedures,MassDEP’s
decision regarding the proposed activities shall be either:a “Provisional Decision”pursuant to 310
CMR 19.033(4)(a);or a non-provisional decision pursuant to 310 CMR 19.033(4).MassDEP has
determined that non-provisional decision is inappropriate for this Application.
MassDEP reviewed the Application pursuant to 310 CMR 19.000:Solid Waste Management and
MassDEP’s Landfill Technical Guidance Manual,May 1997 (the “Manual”).
V.PERMIT DECISION:
MassDEP,having determined the information in the Application is satisfactory and in accordance
with its authority granted pursuant to M.G.L.c.111,s.150A,and 310 CMR 19.000,hereby
APPROVES the Post-Closure Use of the Daniels Antinarelli Stump Dump for a Solar Photovoltaic
Array subject to the conditions identified herein.
Permit Limitations:The issuance of this approval is limited to the proposed Solar Photovoltaic
Array at the Site Assigned parcels as detailed in the Application and does not relieve the
Applicants from the responsibility to comply with all other regulatory or permitting
requirements.Post-Closure Use construction shall proceed in complete compliance with the
approved plans,MassDEP's regulations and requirements,the Manual or as required by this
Approval.Thereshall be no deviation from this Approval without prior consent from MassDEP.
.Pre-Construction Work:Prior to construction,the Applicant shall remove all remaining
woodwaste at the Site in a timely manner and document that all woodwaste has been handled
(i.e.means processing,storing,transferring or treating a material or solid waste)in accordance
with 310 CMR 16.02,consistent with MassDEP’s letter to NextGrid,Inc.dated November 3,
2020.Anyprocessed woodwaste (i.e.,woodchips)maybe used as landscaping material (e.g.
erosion control)but MassDEP prohibits the use of these woodwaste as a fill material.Materials
that do not qualify for reuse at the Site must be transported off-site to a facility that is permitted
and licensed to accept the materials in accordance with the Solid Waste Regulations,where
applicable.
Pre-Construction Submittals:
1)The Applicantis required to submit a BWP SW-43 Closure Completion permit application
documenting all the woodwaste recovery work for MassDEP reviewand approval.
2)At least 30 days prior to Construction,the Applicant shall submit to MassDEP for review
and approval the Final Design of the proposed PV array system,including,but not limited
to,any structural (stability)analysis of the PV array system and all associated
appurtenances,any manufacturer technical specifications of the PV array system,and any
revised site plan and/or civil design drawings that differ from the submittal in this
application.
Permit Modification:MassDEP reserves the right to ask for submittal of permit modification
(SW-37)from the Applicant should the Final Design of the proposed PV array system
constitutes a major modification from its initial design.The Applicant should consult with
MassDEP to determine whether a permit modification is required.
.Solar Glare Analysis/Remediation:The Applicant shall monitor the solar glare from the solar
panels as they are installed to confirm that no off-site glare issues develop.No portion of the
array shall cause reflective glare to any motorist in anydirection or impact the general public.
The Applicant shall take remedial actions if a problem develops during or after installation of
panels.
.Notification of Construction:The Applicant shall notify MassDEP,Southeast Regional Office
Solid Waste Section Chief,in writing (email is acceptable,to mark.daker@mass.gov)when
the post-closure use construction commences,provided that Conditions #2 and #3 have been
completed,and again when the construction is completed.
.Regulatory Compliance:The Applicants,Engineer and Applicants’Contractors shall fully
comply with all applicable local,state and federal laws,regulations and policies,by-laws,
ordinances and agreements.This includes but is not limited to,310 CMR 19.142:Post-Closure
Requirements,310 CMR 19.143:Post-Closure Use of Landfills,and 310 CMR 19.043:
Standard Conditions.Applicable federal regulations include,but are not limited to,29 CFR
Part 1910,OSHA standards governing employee health and safety in the workplace and all
applicable local,state and federal electrical codes and permits,including National Electrical
Code (NEC),2011 Edition,Article 690-"Solar Photovoltaic (PV)Systems".
Health and Safety:The Applicants,Engineer and Applicants’Contractors are responsible to
ensure all necessary precautions are taken to protect the health and safety of workers and the
general public during both the construction phase and during the operation and maintenance
phaseof the post-closure use.
A site-specific Health and Safety Plan for the construction period shall be developed and
submitted to MassDEP (for its record)prior to any commencement of construction activity.
Site Security:Pursuant to 310 CMR 19.130(23)the Applicant is required to provide sufficient
fences or other barriers to prevent unauthorized access to the Site.The Applicant must continually
7
monitor and evaluate the potential for unauthorized access and institute all appropriate measures
to prevent unauthorized access during the closure and post-closure period.
10.Certification Report:Within ninety (90)days of completing the installation of the solar
photovoltaic array,MassDEP shall be provided with a certification report for MassDEP’s
records.All construction work shall be completed under the supervision of a Massachusetts
Registered Professional Engineer who shall have sufficient staff on-site to provide quality
assurance/quality control (QA/QC)oversight for all construction work at the Site.The report
shall be signed and stamped by a Massachusetts-registered professional engineer and include,at
a minimum,written certification from the supervising engineer that the project was performed
in accordance with MassDEP regulations,requirements and the approved Post Closure Use
permit application.The report shall include a project narrative,as-built drawings depicting all
pertinent site features and photographs representative of the construction processes and
completed work.Should the Applicant desire a formal review and written approval of the
certification report,the Applicant must submit a formal BWP SW 43,Landfill Closure
Completion permit application.
11.Entries and Inspections:In accordance with 3/0 CMR 19.043:Standard Conditions,MassDEP
and its agents and employees shall have the right to inspect the Site and any equipment,structure
or land located thereon,take samples,recover materials or discharges,have access to and
photocopy records,to perform tests and to otherwise monitor compliance with this permit and
all environmental laws and regulations.
.Permit Transfer:Pursuant to 310 CMR 19.044,no sale,assignment,or transfer of the rights or
privileges,or effective control of such rights or privileges,granted under a permit to establish,
expand,construct,operate or maintain a facility shall be valid until a responsible official of the
transferee submits a transfer certification,using a BWP SW 49 application form,in accordance
with 310 CMR 19.011(1)to MassDEP.Accordingly,the Applicant is jointly and severably
liable for maintaining the PV array as specified in this permit and for adhering to the permit
conditions,unless and until a properly completed BWP SW49 application is submitted to
MassDEP.The Applicant should refer to 310 CMR 19.044 and the BWP SW 49 application
form for the complete permit transfer requirements.
13.Reservation of Rights:MassDEP reserves the right to require additional assessment or action,as
deemed necessary to protect and maintain an environment free from objectionable nuisance
conditions,dangers or threats to public health,safety and the environment.MassDEP reserves
all rights to suspend,modifyor rescind this permit if it determines the PV arrayresults in a threat
to public health,safety or the environment.
This approvalpertains onlyto the Solid Waste Management aspects of the proposal does not
negate the responsibility of the owners or operators to comply with anyother local,state or
federal laws,statutes and regulations or enforcement actions,including orders issued by
another agency now or in the future.Nor does this approval limit the liability of the owners or
otherwise legally responsible parties from any other applicable laws,statutes or regulations
now or in the future.
VI.REVIEW OF DECISION:
Review of Decision:Pursuant to 310 CMR 19.033(4)(b),ifthe Applicants are aggrieved by
MassDEP’s decision to issue this decision,it may within twenty-one days of the date of issuance
file a written request that the decision be deemed provisional,and a written statementof the basis
on which the Applicants believe it is aggrieved,together with any supporting materials.Upon
timely filing of such a request,the decision shall be deemed a provisional decision with an
effective date twenty-one days after MassDEP’s receipt of the request.Such a request shall
reopen the administrative record,and MassDEP may rescind,supplement,modify,or reaffirm its
decision.If MassDEP reaffirms its decision,the decision shall become final decision on the
effective date.Failure by the Applicants to exercise the right provided in 310 CMR 19.033(4)(b)
shall constitute waiver of the Applicants’right to appeal.
VII.RIGHT TO APPEAL:
Right to Appeal:This approval has been issued pursuant to M.G.L.Chapter 111,Section 150A,
and 310 CMR 19.033:Permit Procedure for an Application for a Permit Modification or Other
Approval,of the “Solid Waste Management Regulations”.Pursuant to 310 CMR 19.033(5),any
person aggrieved by the final permit decision,except as provided for under 310 CMR
19.033(4)(b),mayfile an appeal for judicial review of said decision in accordance with the
provisions of M.G.L.Chapter 111,Section 150A and M.G.L.Chapter 30A no laterthan thirty
days following the date ofissuance of the final permit decision to the Applicants.The standing
of a person to file an appeal and the procedures for filing such an appeal shall be governed bythe
provisions of M.G.L.c.30A.Unless the person requesting an appeal requests and is granted a
stay of the terms and conditions of the permit by a court of competent jurisdiction,the permit
decision shall be effective in accordance with the terms of 310 CMR 19.033(3).
Notice of Appeal:Any aggrieved person intending to appeal a final permit decision to the Superior
Court shall first provide notice of intention to commence such action.Said notices of intention
shall include MassDEP Authorization Number:SW37-0000015 and shall identify with
particularity the issues and reason whyit is believed the final permit decision was not proper.Such
notice shall be provided to the Office of General Counsel of MassDEP and the Regional Director
for the regional office which processed the permit application,if applicable at least five days prior
to filing of an appeal.The appropriate addresses to send such notices are:
Office of General Counsel Regional Director
Department of Environmental Protection Department of Environmental Protection
One Winter Street 20 Riverside Drive
Boston,MA 02108 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 showing thatit is
material and thatit 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.
9
If you have any questions or comments regarding this approval letter,please contact me at (508)
946-2847 or Elza Bystrom at (508)946-2856 or write to the letterhead address.
Very truly yours,
anagement Section
Bureau of Air and Waste
D/EB/Ig
Cc:Brewster Building Department
2198 Main St.
Brewster,MA 02631
Brewster Board of Health
brhealth@brewster-ma.gov
Michael Antinarelli
amaexec@gmail.com
Bennett Environmental Associates,LLC
David Bennett
dbennett@NSU Water.com
DEP-Boston
ATIN:G.Cooper
J.Fischer
DEP-SERO
ATTN:S.Pickering
M.Dakers
Zone 1 Zone 2 Zone 3 Zone 3a Zone 4 Zone 5 Zone 6
2/8/11 2/8/11 1/14/15 12/8/22 3/23/20 5/24/23 6/20/23
20 30 ND (<1.2) ND (<1.2) ND (<5.15) ND (<2.05) ND (<2.01) ND (<2.03) ND (<2.14)
20 20 ND (<3.6) ND (<3.5) ND (<2.6) 0.98 1.82 1.1 2.68
1,000 3000 7.4 7.7 2.2 2.72 4.02 2.62 9.45
100 200 ND (<0.36) ND (<0.35) ND (<0.052) ND (<0.205) ND (<0.201) ND (<0.203) 0.22
2 100 ND (<0.6) ND (<0.58) ND (<0.26) ND (<0.41) ND (<0.402) ND(<0.405) ND (<0.429)
30 200 3.1 3 ND (<1.6) 1.27 2.21 0.854 5.37
300 600 ND (<6) ND (<5.8) 3.2 ND (<2.05) 2.19 ND (<2.03) 4.52
20 30 ND (<0.02) ND (<0.018) ND (<0.100) ND (<0.076) ND (<0.076) ND (<0.079) ND (<0.078)
20 1000 8.7 8.6 ND (<1.0) ND (<1.02) 1.44 ND (<1.01) 3.72
400 700 ND (<6) ND (<5.8) ND (<5.2) ND (<2.05) ND (<2.01) ND (<2.03) ND (<2.14)
100 200 ND (<1.2) ND (<1.2) ND (<1.0) ND (<0.41) ND (<0.402) ND (<0.405) ND (<0.429)
8 60 ND (<6) ND (<5.8) ND (<2.6) ND (<2.05) ND (<2.01) ND (<2.03) ND (<2.14)
600 700 5.2 4.6 1.4 3.09 4.08 1.48 7.97
2,500 3000 6.7 8 3.4 3.18 5.31 2.13 9.96
6 50 ND ND ND ND 0.03 ND 0.03
500 5000 ND ND ND ND ND ND 0.0029
0.7 80 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
4 3000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
1 10 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
1,000 3000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
7 40 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
2 7 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
7 40 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
1,000 3000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
70 400 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
NS NS ND (<22) ND (<22) ND (<21) ND (<6.77) ND (<6.68) ND (<6.64) 8.44
1,000 3000 ND (<22) ND (<22) ND (<21) ND (<6.77) ND (<6.68) ND (<6.64) 8.44
3,000 5000 ND (<22) ND (<22) ND (<21) ND (<6.77) ND (<6.68) ND (<6.64) ND (<7.01)
1,000 3000 ND (<22) ND (<22) ND (<21) ND (<6.77) ND (<6.68) ND (<6.64) ND (<7.01)
70 400 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
0.7 4 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
1,000 3000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
1,000 3000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
7 40 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
4 20 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
10 1000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
1,000 3000 ND (<0.56) ND (<0.55) ND (<0.4) ND (<0.339) ND (<0.334) ND (<0.332) ND (<0.350)
RCS-1/2 = Reportable Concentrations in Soils as per Mass Contingency Plan (MCP)
NA = Not Analyzed for Indicated Compound
NS = No Standard
ND = Non-Detect (Laboratory Reporting Limit shown in parentheses)
= Indicates an exceedance of Reportable Concentration Standard
Fluorene
Naphthalene
Phenanthrene
Pyrene
C9-C18 Aliphatics
Chrysene
Dibenzo(a,h)anthracene
Fluoranthene
Indeno(1,2,3-cd)Pyrene
Vanadium, Total
Zinc, Total
Acetone
C19-C36 Aliphatics
2-Methylnaphthalene
Acenaphthene
Acenaphthylene
Anthracene
Benzo(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
C11-C22 Aromatics
C11-C22 Aromatics, Adjusted
Mercury, Total
Nickel, Total
Selenium, Total
Silver, Total
Thallium, Total
PARAMETER RCS-2
Arsenic, Total
Barium, Total
Beryllium, Total
Tetrahydrofuran
TOTAL METALS
VOLATILE ORGANIC COMPOUNDS (VOCs) - Detects Only
EXTRACTABLE PETROLEUM HYDROCARBONS (EPH) AND POLY-NUCLEAR AROMATIC HYDROCARBONS (PAHs)
Table 1: Summary of Soil Sampling Results (2011-2023)
Fmr. Daniels/Antinarelli Stump Dump
Freemans Way, Brewster, MA
LABORATORY RESULTS (mg/kg)REPORTABLE
CONCENTRATIONS (mg/kg)
Lead, Total
Antimony, Total
Cadmium, Total
Chromium, Total
RCS-1
PARAMETER
MDWS RCGW-1 3/24/20 6/16/20 9/23/20 12/10/20 12/16/21 12/8/22 3/24/20 6/16/20 9/23/20 12/10/20 12/16/21 12/8/22 3/24/20 6/16/20 9/23/20 12/10/20 12/16/21 12/8/22 3/24/20 4/9/20 6/16/20 9/23/20 12/10/20 12/16/21 12/8/22
Arsenic 0.01 0.01 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 0.006 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005 0.0381 <0.005 <0.005 <0.005 <0.005 <0.005 <0.005
Barium 2 2 0.085 0.09 0.073 0.063 0.064 0.0762 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 0.031 <0.01 <0.01 0.016 0.013 0.012 0.021
Cadmium 0.005 0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004 0.008 <0.004 <0.004 <0.004 <0.004 <0.004 <0.004
Calcium NS NS 3.02 3.05 2.28 2.04 1.94 2.85 6.83 6.22 7.12 6.52 7.08 5.86 3.56 2.12 2.39 3.87 2.05 2.13 9.43 5.9 5.8 12.2 11 10.6 15.6
Chromium 0.1 0.1 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 0.032 <0.01 <0.01 <0.01 <0.01 0.0231 0.015 <0.01 <0.01 <0.01 <0.01 <0.01 0.028 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01
Copper 1.3 10 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 0.143 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01
Iron 0.3S NS <0.05 <0.05 <0.05 <0.05 <0.05 0.0726 1.34 0.197 3.08 18.9 1.09 0.8 0.236 <0.05 <0.05 0.67 <0.05 0.101 14.8 2.04 1.99 7.81 4.75 1.99 4.13
Lead 0.015 0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01
Manganese 0.05 S, 0.3/1.0 G NS 0.224 0.215 0.195 0.17 0.147 0.12 0.065 0.024 0.119 0.036 0,065 0.0427 0.012 <0.01 <0.01 0.011 <0.01 <0.01 0.209 0.145 0.15 0.337 0.273 0.193 0.419
Mercury 0.002 0.002 <0.0002 <0.0002 0.0004 <0.0002 0.0004 <0.0002 <0.0002 <0.0002 0.0002 <0.0002 0.0002 0.0002 <0.0002 <0.0002 0.0004 <0.0002 <0.0002 <0.0002 0.0018 <0.0002 <0.0002 0.0004 <0.0002 <0.0002 <0.0002
Selenium 0.05 0.1 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01
Silver 0.1 S 0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007 <0.007
Sodium 20 G NS 34.2 43.4 25.5 21.5 43 41.1 14.3 14 15.4 14.6 14.4 14.3 39 31.9 37 47.1 33.9 32.4 29.6 40.9 32.9 28.4 30.5 29.8 28.8
Zinc 5 S 0.9 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 0.081 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05
Chloroform 0.07 G 0.05 0.0011 ND ND 0.0011 ND 0.0011 ND ND ND ND ND ND 0.0022 0.0015 0.0019 0.0023 0.0018 0.0022 ND NA ND ND ND ND ND
Naphthalene 0.14G 0.14 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 0.00012 <0.0001 <0.0001 <0.0001 <0.0001 <0.0001 NA <0.0001 <0.0001 <0.0001 <0.0001 <0.0001
Tannin & Lignin NS NS <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 0.38 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2 2.0 NA <0.2 0.42 0.81 0.31 0.65
COD NS NS <20 <20 <20 59 <20 <20 <20 <20 <20 26 <20 <20 <20 <20 <20 <20 <20 <20 160 NA <20 44 33 31 93
TOC NS NS 0.88 0.78 1 0.9 0.81 1.1 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 0.51 0.54 <0.5 <0.5 7.8 NA 4.5 14 9.3 9.4 15
Alkalinity (as CaCO3) NS NS 6.6 6.3 5.8 5.6 5.8 7.4 31.4 31.7 30.1 31.5 31.8 34.1 7.1 7.3 6.5 6.1 7.3 11.2 34.4 NA 30.9 73.1 64.5 59.7 79.4
Color 15S NS <5 <5 <5 <5 <5 11 6 5 80 65 5 7 <5 <5 <5 9 <5 6 <120 NA 6 28 14 5 20
Chloride 250 S NS 63 75 38 31 68 66 20 21 20 19 18 19 73.0 49 55 75 53 52 51 NA 52 42 42 42 51
Cyanide, Total 0.2 0.03 <0.005 <0.005 <0.005 <0.005 <0.02 <0.02 <0.005 <0.005 <0.005 0.009 <0.02 <0.02 <0.005 <0.005 <0.005 <0.005 <0.02 <0.005 <0.005 NA <0.005 <0.005 <0.005 <0.02 <0.02
Total K Nitrogen (TKN) NS NS <0.3 <0.3 <0.3 <0.3 <0.3 0.303 0.757 <0.3 <0.3 <0.3 <0.3 0.31 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 3.0 NA <0.3 1.06 0.824 0.44 1.71
Nitrate-N 10 NS 0.597 0.377 0.601 0.567 0.697 1.43 0.34 0.322 0.292 0.307 0.274 0.292 0.271 0.277 0.213 0.135 0.187 0.201 1.13 NA 0.273 0.143 <0.1 0.243 0.294
Sulfate 250 S NS <10 <10 <10 <10 <10 21 <10 <10 <10 <10 <10 <10 <10 <10 <10 <10 10 <10 15 NA <10 10 24 11 28
Sulfide NS NS <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 NA <0.1 <0.1 <0.1 <0.1 <0.1
Total Dissolved Solids 500 S NS 140 110 75 74 160 120 92 72 53 59 120 81 140 130 82 140 140 89 140 NA 130 160 150 180 180
Temperature (oC)NS NS 53 54.5 55 53.5 53.0 53.2 52.1 52.3 53.1 53.0 52.1 52.7 53 53.4 53.7 52.8 52.8 52.8 52.5 60.9 56.7 56.7 55.8 55.9 56.0
pH (pH units)6.5-8.5 S NS 5.05 4.7 4.36 4.9 5.55 4.94 6.38 6.1 6.01 6.48 7.03 6.55 5.66 5.37 5.22 5.58 6.30 5.77 6.11 5.87 5.42 5.85 5.91 6.61 5.95
Specific Conductivity (uS/cm) NS NS 148.4 177.1 108.6 117 162.7 189.8 82.5 83 83.9 103.6 83.2 104.4 163.2 126.6 141 219 132.3 145.5 162.2 185.7 161.8 198.4 227.9 177.6 265.5
Dissolved Oxygen (mg/L) NS NS 7.64 7.26 6.56 6.35 7.15 7.62 4.42 3.95 3.35 4.33 4.55 5.09 10.63 8.84 7.61 10.36 9.54 8.35 5.44 2.36 3.78 1.59 0.28 0.47 1.4
MDWS = Massachusetts Drinking Water Standard (MMCL)
RCGW-1 = Massachusetts Reportable Groundwater Concentration Standard 1
NA = Not Analyzed for Indicated Compound
G = Massachusetts Drinking Water Guideline (ORSG)
S = Secondary Maximum Contaminant Levels (SMCL)
NA = Not Analyzed for Indicated Compound
NS = No Standard
I = VOCs Standards Specific to Individual Compound
= Indicates an exceedance of MMCL, ORSG, or Reportable Concentration Standard
= Indicates an exceedance of SMCL
Table 2: Temporal Groundwater Analysis Summary (March 2020 - December 2022)
Former Daniels/Antinarelli Stump Dump
Freemans Way, Brewster, MA
MW-1A MW-2 MW-3 MW-4STANDARDS (mg/l)
TOTAL METALS
VOLATILE ORGANIC COMPOUNDS (VOCs) - DETECTS ONLY
POLY-NUCLEAR AROMATIC HYDROCARBONS (PAHs) - DETECTS ONLY
AGGREGATE ORGANIC CONSTITUENTS
GENERAL CHEMISTRY
FIELD PARAMETERS