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Home My WebLink AboutDEP notice of noncompliance 2025MassDEP Commonwealth of Massechusetts Executive Office of Energy & Environmentsl Affairs Department of Environmental Pnotection Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Kimberley Driscoll Lieuteoant Governor JAY IMAD JAY MART INC 381 CAMP ST WEST YARMOUTH, MA 02538 Re: NOTICE OF NONCOMPLIANCE: NON-BO-25-U-87 Noncomptiance with M.G.L. Chapter 2'lO and 310 CMR 80.00 At:JAY MART 1282 RrE 28 YARMOUTH, MA 02664 Dear JAY IIT4AD: Massachusetts Department of EnvironmentaI Protection (MassDEP) personnet have observed or determined that as of the date of this tetter the fottowing activity occurred at JAY MART, 1282RIE 28, YARMOUTH in noncompliance with one or more laws, regutations, orders, ticenses, permits, or approvals entorced by MassDEP. Enctosed ptease find a Notice of Noncomptiance (Notice), an important legatdocument, describing the activities that are in noncomptia nce. This Notice tists the viotations and those actions that are req uired to achieve comptiance. This MassDEP Notice is based on the observations and information reviewed by the date of this Notice. This Notice does not: (1) appty to actions or other aspects of the facil.ity that were not reviewed, (2) preclude future inspections of past, current, or future actions at the facitity, (3) in any way constitute a retease from any tiabitity, obtigation, action or penatty under M.G.L. c.21O,310 CMR 80.00, or any other taw, regutation, or requirement, or (4) timit the MassDEp,s authority to take or arrange, or to require any facitity to conduct, any action authorized by M.G.L. c. 2l O or 310 CM R 80.00 which MassDEP deems necessary to protect heatth, safety, public wetfare, or the environment. lf you have any questions regarding this matter, ptease catt the UST hetptine at 617.556.1036, or emait the UST maitbox at: dep-us!@state,ma_us. Thll lntonn tlon l. evalhbl.ln.lt mrt ionll.t Ph... contact .ltE E..nyt. rt 617626-i282. TTYI L...R.hy S..vtc. j {0O{t9-2370 .$DEP W.brlt : w{w.nl....9ovldep Prtntad on R.crchd papar 1 OO Cambridge Street gth Floor Boston, MA op1 14 . 617-e92-ssoo Maura T. Healey Govemor MassDEP Facitity lD # 351640 UST ID # 1564 Facitity Name: JAY MART NON Number: NON-BO-25-U-87 For information on the MassDEP Underground Storage Tank Program, ptease consutt our website at http : //www. m ass.gov/e e a/a ge nc i es/m a ssd e p /tox ics/u sV. Sincerety, C^^.cli. U #"^l* 3/24/2025 Date E nctosure cc: Carotine Gantey Branch Chief UST and Stage I Programs YARMOUTH Fire Department Regionat C&E Chief, l"lassDEP Department of Revenue Facitity Name: JAY MART NON Number: NON-BO-25-U-87 NOTICE OF NO NA"OMPUANEE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Based on the lvlassachusetts Department of Environmental Protection's (MassDEP) investigation as ofthe date of this Notice of Noncomptiance (Notice), noncomptiance occurred orwas observed at JAY MART, 1282 RTE 28, YARMOUTH, in viotation of one or more taws, regutations, orders, licenses, permits or approvaLs enforced by MassDEP. This Notice describes (1) the req uirement viotated, (2) the date and ptace on which l'4assDEP asserts the requirement was viotated, (3) the specific actions which must be taken in order to return to compliance, and (4)the deadtine fortaking such actions. lf you do not come into comptiance by taking the req uested actions in this Notice by the deadtine herein, MassDEP may take further enforcement actions, including but not timited to, the assessment of a penatty of up to $1,000 or greater for each day of noncomptiance after such deadtine. MassDEP considers severatfactors in determining whether to assess a penatty and the amount of such penatty for each viotation. Some of the factors that MassDEP considers, and for which you may wish to provide information, inctude, but are not [imited to, whether you took steps to prevent the viotation, or to promptty return to comptia nce after the viotation, or to remedy and mitigate any harm caused by the viotation; your tinanciat condition; the pubtic interest; and any other information you would tike to provide. MassDEP reserves its rights to exercise the futt extent ol its Legat authority in order to obtain futt comptiance with att appticabte requirements, inctuding, but not timited to, criminat prosecution, civit action including court-imposed civit penatties, or administrative action, inctuding administrative penalties imposed by MassDEP. NAME OF ENTITY IN NONCOMPLIANCE: JAY T.4ART INC MassDEP Facitity lD # 351640 UST ID #1564 LOCATION(S) WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 1282 RrE 28, YARMOUTH, MA DATE(S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 2/2/2025 Facitity Name: jAY MART NON Number: NON-BO-25-U-87 DESCRIPTION OF NONCOMPLIANCE: The MassDEP's investigation shows that the Owner and Operator violated the fottowing requirement(s): The Owner a nd Operator faiLed to submit the Third-Party lnspection Report to MassDEP for the USTfacitity tocated at JAY MART, 1282 RTE 28, YARMOUTH, MA on or before the UST tacitity comptiance date in viotation of 310 CI.4R 80.49(2), which states: "The Owner and Operator shatl ..... submit the third-party inspection report to the Department on or before the UST facility comptiance date estabtished in 310 CMB 80.49(2Xa) through(g). " Specificatty, the Owner and Operator failed to submit a Third-Party lnspection Report to MassDEP on o( betorc 2/212025. The Owner or Operator shalt take the necessary steps to correct the viotations within the specified deadtines as noted and shalt return to compliance with the requirements described below. MassDEP's reguLations at 310 CMR 5.09 presume that you receive this Notice, if detivered by regutar mail, three business days after the postmarked date on the envetope used to mait it to you. lf this Notice is detivered by certified mait,3'10 CMR 5.09 describes when the notice shat[ be deemed to be received. Within thirty (30) days from the date of receipt of this Notice, the Owner or Operator shatt submit to MassDEP a copy of the futty compteted Third-Party lnspection Report documenting that a Third-Party lnspection was performed on the underground storage tank(s) and retated piping tocated atjAY |.4ART, 1282 RTE 28, YARMOUTH, MA in accordance with 310 CMR 80.49(2). The TPI Report must be submitted through the MassDEP UST ontine data management system at http://mass.goVldep/ust. Cu^,ott - U'#r^l* 3/24/2025 Date ACTION(S) TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION(S): Carotine Gantey Branch Chief UST and Stage I Programs