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Home My WebLink Aboutroute 28.1353 DEP notice of noncompliance 2025Commonwealth of Massechusetts Executive Office of Energy & Environmental Affairs 1 OO Cambridge Street gth Floor Boston, MA oa1 14 . 617,e92-s5oo MauE T. Healey Govemor Kimberley Drascoll Lieulenanl Governor GLENN DANTUONO SPEEDWAY LLC 5OO SPEEDWAY DR ENON, OH 45323 Re: NOTICE OF NONCOMPLIANCE: NON-BO-25-U-88 Noncomptiance with M.G.L. Chapter 21O and 310 CMR 80.00 At:SPEEDWAY #2445 1353 tvlAtN ST YARMOUTH, MA 02664 Rebecca L. Tepper Secretary Bonnie Heiple Commissioner MassDEP Facitity lD # 415187 UST ID # 1577 Dear GLENN DANTUONO: Massachusetts Department ot Environmentat Protection (MassDEP) personneI have observed or determined that as of the date of this tetter the fotlowing activity occurred at SPEEDWAY #2445, 1353 f4AlN ST, YARMOUTH in noncomp[iance with one or more Laws, regul.ations, orders, [icenses, permits, or approvats enforced by MassDEP. Enctosed please find a Notice of Noncompliance (Notice), an important legaI document, describing the activities that are in noncomptiance. This Notice tists the viotations and those actions that are required 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 facitity that were not reviewed, (2) prectude future inspections of past, current, or future actions at the facitity, (3) in any way constitute a retease from any liabitity, obtigation, action or penatty under M.G.L. c.21O,310 CMR 80.00, or any other [aw, regulation, or requirement, or (4) timit the MassDEP's authority to take or arrange, or to require any racitity to conduct, a ny action authorized by I.4.G.L. c. 21 O or 310 CMR 80.00 which MassDEP deems necessary to protect heatth, safety, pubtic wetfare, or the environment. Thl. lniori.tlon l. .v.lLblo h .]bln.b lbin t P1.... cont ct lr.llE E .nyl. .l 617426-t 282. TTY, ll..rR.hy SeNic. I {00{i}9-2370L..DEP W.b.lt : ***.rEt..govrd.P Print.d on Rocycled P.per MassDEP Department of Envinonmental Protection lf you have any questions regarding this matter, ptease catt the UST hetptine at 617.556.1036, or emait the UST maitbox at: dep.ust@state.ma.us. Facitity Name: SPEEDWAY #2445 NON Number: NON-BO-25-U-88 For information on the MassDEP Underground Storage Tank Program, ptease consutt our website at htt p : //www - m ass. gov/e e a /a ge nc i es/m assd e p/tox i cs/u sV. Sincerety, 3/24/2025 Date Enctosure Caroline Gantey Branch Chief UST and Stage I Programs cc YARMOUTH Fire Department Regionat C&E Chief , MassDEP Department of Revenue Ce^.oli" U'#^4 Facitity Name: SPEEDWAY #2445 NON Number: NON-BO-25-U-88 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEOUENCES. Based on the l.4assachusetts Department of EnvironmentaI Protection's (MassDEP) investigation as ofthe date of this Notice of Noncomptiance (Notice), noncomptiance occurred or was observed at SPEEDWAY#2445, 1353 MAIN ST, YARI.4OUTH, in violation of one or more [aws, regutations, orders, licenses, permits or approvats enforced by MassDEP. This Notice describes (1) the requirement viotated, (2) the date and ptace on which MassDEP asserts the requirement was viotated, (3) the specific actions which must be taken in order to return to comptiance, and (4) the deadtine ror taking such actions. [.4assDEP reserves its rights to exercise the futt extent of its tegat authority in order to obtain futt comptiance with att applicabte requirements, inctuding, but not timited to, criminal prosecution, civit action inctuding court-imposed civiI penatties, or administrative action, inctuding administrative penalties imposed by MassDEP. NAME OF ENTIry IN NONCOMPLIANCE: SPEEDWAY LLC MassDEP Facitity lD # 415187 UST ID #1577 LOCATTON(S) WHERE NONCOMpLTANCE OCCURRED OR WAS OBSERVED: 1353 MAIN ST, YARMOUTH, MA 2/23/2025 lf you do not come into compliance by taking the req uested actions in this Notice by the deadtine herein, l'4assDEP may take further enforcement actions, inctuding 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 severa(factors in determining whether to assess a penatty and the amount of such penattyfor each viotation. Some of the factors that MassDEP considers, and for which you may wish to provide information, inctude, but are not timited to, whether you took steps to prevent the viotation, or to promptty return to comptiance after the viotation, or to remedy and mitigate any harm caused by the viotation; your financiat condition; the pubtic interest; and any other information you woutd tike to provide. Facitity Name: SPEEDWAY #2445 NON Number: NON-BO-25-U-88 DfSA&PIION OF NONCOM PLIANC Er The MassDEP's investigation shows that the Owner and Operator violated the fottowing requirement(s): The Owner and Operator faited to submit the Third-Party lnspection Report to MassDEP for the UST facitity tocated at SPEEDWAY #2445,1353 MAIN ST, YARMOUTH, MA on or before the USTfacitity comptiance date in viotation of 310 CMR 80.49(2), which states: "The Owner and Operator shatt ..... submit the third-party inspection report to the Department on or before the UST facitity comptiance date estabtished in 310 C M R 80.49(2)(a) through(g). " Specificatty, the Owner and Operatorfaited to submit a Third-Party lnspection Report to MassDEP on ot betorc 2/23/2025. ACTTON(S) TO BE TAKEN ANp THE DEApLINE FOR TAKTNG SUCH ACTTON(S): The Owner or Operator shall take the necessary steps to correct the viotations within the specified deadlines as noted and shatt return to compliance with the requirements described betow. MassDEP's regutations at 310 CMR 5.09 presume that you receive this Notice, if detivered by regutar mai[, three business days afterthe postmarked date on the envetope used to mait itto you. lf this Notice is detivered by certified mait, 310 CMR 5.09 describes when the notice shatt 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 at SPEEDWAY #2445, 1353 MAIN ST,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.gov/dep/ust. Ce^,o\y,", U'#*,4 3124t2025 Date Carotine Gantey Branch Chief UST and Stage I Programs