Document ZBoNK6kdgYbQO5gnR6kZmwML
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Enforcement and Compliance Assurance Division
Water Compliance Branch
Clean Water Act (CWA) Inspection Report
Program: Industrial StormwaterInspection Type: Compliance Evaluation Inspection (CEI)
Permittee Name: Culpeper Wood PreserversNPDES / ICIS No.: MAR05J04L
Inspection Entry Date: November 2, 2022Inspection Exit Date: November 2, 2022
Inspection Entry Time: 8:15 AMInspection Exit Time: 11:30 AM
Facility Inspected: Culpeper Wood Preservers.Lat, Long: 42.43867 , -71.71269
840 Sterling Road, Lancaster, MA 01561NAICS / SIC Code: 2491-Wood Preserving
EPA Region 1 Representative(s): Abraham Elmir - EPA Region 1 Life Scientist / Lead Inspector, (617) 918-1583,
elmir.abraham@epa.gov
State Representative(s): None
On - site Facility Representative(s): Mike Nuzzolilo, General Manager, (978) 368-7667,
mnuzzolilo@culpeperwood.com
Responsible Official: Mike Nuzzolilo, General Manager
Name and Signature of Lead InspectorAgency / Office / Phone NumberDate
Kelly DavisEastern Research Group (ERG)12/20/2022
(703) 633-1646
Kello Daniskelly.davis@erg.com
INTRODUCTION:
On November 2, 2022, staff from U.S. Environmental Protection Agency (EPA) Region 1 and an EPA
contractor from ERG (EPA Inspection Team) conducted an industrial stormwater Compliance Evaluation
Inspection (CEI) at Culpeper Wood Preservers located at 840 Sterling Road, Lancaster, Massachusetts
(hereinafter, the Facility). On May 28, 2021, the Facility submitted a Notice of Intent (NOI) to obtain coverage
under the 2021 MSGP, MAR050000, which became effective on September 29, 2021, and expires on February
28, 2026. The Facility falls under Sector A-Timber Products, Subsector A2. As part of Subsector A2 permit
requirements, the Facility is subject to benchmark monitoring of total recoverable arsenic and copper.
Ms. Kelly Davis (ERG, Lead Inspector) presented her Clean Water Act (CWA) inspector credential to the
Facility representative, Mr. Mike Nuzzolilo, and conducted an opening conference. During the opening
conference, the Lead Inspector explained the purpose of the CEI was to assess the Facility's compliance status
with respect to EPA's 2021 Industrial Stormwater Multi - Sector General Permit (MSGP).
The weather at the time of the inspection was sunny and approximately 50 F. According to precipitation data
from the National Oceanic and Atmospheric Administration (NOAA), the closest precipitation monitoring
station in the town of Berlin received approximately 0.06 inches of rainfall the day before the inspection.
ED_019088A_00012847-00001
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
FINDINGS AND OBSERVATIONS:
Facility Description
The Facility, owned by Culpeper Wood Preservers, is a wood treating plant that includes the treatment and
preservation of raw lumber and the storage of both untreated and treated lumber. The Facility treats
approximately 41 million board - feet of raw lumber yearly using products such as Micronized Copper (MCA),
" Ecolife ", and Alkaline Copper Quaternary.
The Facility comprises 18 acres located off Sterling Road in Lancaster, Massachusetts. The Facility is bordered
by another commercial lot to the west, Sterling Street to the north, and forested land to the east and south. The
Facility contains a treated wood staging area in the north (refer to Appendix A, Photographs 1 and 2); a
treatment plant and drip pad in the mid - west area (refer to Appendix A, Photographs 3, 4, and 7 through 11); an
office building, garage, and a kiln in the mid - east area (refer to Appendix A, Photographs 5, 6, and 12); and a
raw wood staging area in the mid - west and south areas (refer to Appendix A, Photographs 7, 10, 12 and 15).
The Facility's outdoor industrial activities included the following:
* Northern portion - outdoor staging area for treated lumber
Southern and mid - west portion - outdoor staging area for raw lumber
Facility Drainage Systems and Discharges
The Facility representative stated that the Facility has four outfalls (Outfall 001 through 004) and one catch
basin onsite.
Stormwater from the northeast area of the Facility flows to Outfall 001, located at the mid - east perimeter
(refer to Appendix A, Photograph 5).
Stormwater from the northwest area of the Facility is conveyed southwest along the west perimeter via
channelized flow in a trench. The trench connects with Outfall 003 located at the mid - south area of the
Facility (refer to Appendix A, Photographs 14 through 16 and 22). The Facility representative did not
know where Outfall 003 discharged (i.e., to a water of the U.S., to a Municipal Separate Storm Sewer
System [MS4], or elsewhere). The Facility's SWPPP (March 30, 2022) on page 3-7 states that " any
excess runoff flows into nearby outfalls, numbered 1-4, then into Goodridge Brook, and eventually to
the Nashua River. " The Facility representative stated the benchmark monitoring samples are taken
upgradient of Outfall 003 (refer to Appendix A, Photograph 14).
The SWPPP identifies another outfall, Outfall 004, that the Facility representative stated does not
receive stormwater flow (refer to Appendix A, Photograph 17). Instead of discharging through Outfall
004, stormwater infiltrates into the ground along the mid - west perimeter.
Stormwater from the south area of the Facility flows either to a catch basin located in the south area of
the Facility or to Outfall 002 located at the south perimeter (refer to Appendix A, Photographs 18
through 21). The Facility representative did not know to where the catch basin discharges. The Facility
representative stated Goodridge Brook is located south of Outfall 002, following south along a swale
created by the raised railroad tracks.
The town of Lancaster maintains a Phase II NPDES MS4 permit.
Sampling and Records
Culpeper Wood Preservers CEI
Inspection Date: November 2, 2022
2
ED_019088A_00012847-00002
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
At the time of the inspection, the EPA Inspection Team reviewed the following records provided onsite:
a. Stormwater Pollution Prevention Plan (SWPPP) dated March 30, 2019 (not signed) (refer to Appendix
B. Exhibit 1)
Monthly Facility Inspection Reports - One monthly from January 27, 2021 through October 24, 2022
b c..
Quarterly Visual Assessment Forms - first quarter 2021 through fourth quarter 2022
d. Coordination with Irwin Engineers about steps to address an AIM triggering event (September 16, 2021)
(refer to Appendix B, Exhibit 2)
e. Coordination with GZA GeoEnvironmental about redesigning the site drainage (August 18, 2022) (refer
to Appendix B, Exhibit 3)
f. A site map (refer to Appendix B, Exhibit 4)
On November 7, 2022, the EPA Inspection Team requested, and on November 22, 2022 received, the following
records from the Facility representative:
a. SWPPP dated March 30, 2022 (signed) (refer to Appendix B, Exhibit 5)
b. Annual compliance evaluation reports (May 5, 2020; May 18, 2021; April 12, 2022)
Observations
The Facility representative stated the Facility receives raw lumber via railcar at the southwest perimeter. The
EPA Inspection Team observed staged raw lumber in the south area and mid - west area of the Facility. Raw
lumber is dried in the kiln and / or chemically treated in the treatment plant inside which treatment chemicals are
stored (refer to Appendix A, Photographs 7, 10, 12, and 15). Chemically treated wood dries on a covered and
contained drip pad adjacent to the treatment plant for approximately 24 to 48 hours before it is moved to the
north concrete staging area for outside storage (refer to Appendix A, Photograph 1 through 4, 7, and 10).
Lumber is visually assessed for dryness before it is placed in the outdoor staging area. The treated lumber sits
for approximately 24 to 48 hours before it is shipped to Lowes Home Improvement facilities. The Facility
representatives stated treated wood is not hosed down.
The Facility owns approximately 17 forklifts, a front - end loader, and a bobcat. This equipment is stored
outdoors when not in use. The equipment is fueled from a 500-gallon diesel aboveground storage tank (AST).
The EPA Inspection Team observed the AST inside the treatment plant, along the south wall (refer to Appendix
A, Photographs 8 and 9). The EPA Inspection Team observed a spill kit inside the treatment plant (refer to
Appendix A, Photograph 11). The EPA Inspection Team observed that the area outside the fueling area where
vehicles pull up to the AST for fueling is graded down towards the fueling area.
Routine vehicle maintenance, including replacement of fluids and battery replacement, occurs inside the garage.
Non - routine maintenance is performed in the garage onsite by outside contractors. Batteries and used oil are
stored inside the garage and the Facility representative stated the garage does not have internal floor drains. The
Facility representative stated used oil is picked up and removed by a contractor, Safety - Kleen Systems, and oil
filters are crushed and recycled. The EPA Inspection Team observed a 250-gallon diesel AST located against
the garage's east wall and a 500-gallon diesel AST south of the kiln (refer to Appendix A, Photographs 6 and
13). The AST's were covered and within secondary containment.
Culpeper Wood Preservers CEI
Inspection Date: November 2, 2022
3
ED_019088A_00012847-00003
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
CLOSING:
At the conclusion of the inspection, the EPA Inspection Team held a closing conference with the Facility
representatives and discussed the following preliminary findings and observations of the inspection. The closing
conference began at 11:15 AM (EST) and concluded at approximately 11:30 AM (EST).
POTENTIAL NONCOMPLIANCE ITEMS:
1. Permit Part 6.2.7 states, " You must sign and date your SWPPP in accordance with Appendix A, Subsection
11. "
At the time of the inspection, the Lead Inspector identified that the onsite 2019 SWPPP had not been signed
(refer to Appendix B, Exhibit 1). The Facility emailed the 2022 SWPPP to the Lead Inspector on November
11, 2022 that was certified by Mr. Mike Nuzzolilo on April 8, 2022 (refer to Appendix B, Exhibit 5).
2. Permit Part 6.5 states, " You are required to keep the following inspection, monitoring, and certification
records with your SWPPP that together keep your records complete and up - to - date, and demonstrate your
full compliance with the conditions of this permit:
6.5.1 A copy of the NOI submitted to EPA along with any correspondence exchanged between you and
EPA specific to coverage under this permit;
6.5.2 A copy of the authorization email you receive from the EPA assigning your NPDES ID;
6.5.3 A copy of this permit (either a hard copy or an electronic copy easily available to SWPPP personnel) "
The EPA Inspection Team observed that the onsite SWPPP did not include a copy of the NOI, the
authorization email, or a copy of the permit. The 2022 SWPPP also did not include these documents.
3. Permit Part 6.2.2.3 states the permittee must, " Provide a map showing:
a. Boundaries of the property and the size of the property in acres...
c. Directions of stormwater flow (use arrows), including flows with a significant potential to cause soil
erosion...
g. Locations of potential pollutant sources identified under Part 6.2.3.2...
i. Locations of all stormwater monitoring points;
j. Locations of stormwater inlets and discharge points, with a unique identification code for each discharge
point (e.g., 001, 002), indicating if you are treating one or more discharge points as " substantially identical "
under Parts 3.2.4.5, 6.2.5.3, and 4.1.1, and an approximate outline of the areas draining to each discharge
point;
k. If applicable, municipal separate storm sewer systems (MS4s) and where your stormwater discharges to
them...
m. Locations of the following activities where such activities are exposed to precipitation:
i. fueling stations;
ii. vehicle and equipment maintenance and / or cleaning areas;
iii. loading / unloading areas;
iv. locations used for the treatment, storage, or disposal of wastes;
v. liquid storage tanks;
vi. processing and storage areas;
Culpeper Wood Preservers CEI
Inspection Date: November 2, 2022
4
ED_019088A_00012847-00004
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
vii. immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured
products, waste material, or by - products used or created by the facility;
viii. transfer areas for substances in bulk;
ix. machinery "
The Lead Inspector observed that the onsite map from the 2019 SWPPP did not include the size of the
property in acres, directions of stormwater flow, or locations of potential pollutant sources such as locations
of AST tanks (refer to Appendix B, Exhibit 4). The map also did not include locations of stormwater
monitoring points and the outdoor portion of the fueling station at the treatment plant. The Facility
representative stated that the location depicted on the map of Outfall 001 was inaccurate, and that it actually
was located at the mid - east perimeter (refer to Appendix A, Photograph 5). The Facility representative also
stated that the location depicted on the map of Outfall 002 was inaccurate and that it actually was located at
the southern - most point of the Facility (refer to Appendix A, Photographs 20 and 21).
The site map provided after the inspection with the 2022 SWPPP is the same as the 2019 SWPPP map with
the exceptions that the 2022 SWPPP map does identify the size of the property in acres and the locations of
AST tanks (refer to Appendix B, Exhibit 5).
4. Permit Part 3.2.1 states, " Once each quarter for your entire permit coverage, you must collect a stormwater
sample from each discharge point... and conduct a visual assessment of each of these samples. "
The Facility's NOI certified on May 28, 2021 stated that the Facility has four outfalls (Outfalls 001, 002,
003, and 004). The Facility did not consistently conduct visual outfall assessments from second quarter of
2021 through the fourth quarter 2022 as shown in Table 1.
Table 1: Quarters When Visual Assessments Were Performed at Outfalls 001-004 from Quarter 2, 2021
Through Quarter 4, 2022
Outfall 001Outfall 002Outfall 003Outfall 004
Quarter 2, 2021MissingMissingPerformedMissing
Quarter 3, 2021MissingPerformedMissingMissing
Quarter 4, 2021MissingMissing *PerformedMissing
Quarter 1, 2022PerformedMissing *Missing *Missing
Quarter 2, 2022PerformedMissing *Missing *Missing
Quarter 3, 2022PerformedMissing *Missing *Missing
Quarter 4, 2022PerformedMissingMissingMissing
* = Visual assessments were not performed although sampling results were sent to Net - DMR.
The Facility representative stated that visual assessments were not performed during missing quarters
because they did not receive flow during that quarter, however the Facility collected and submitted
benchmark monitoring samples to Net - DMR (see Potential Noncompliance Item # 5) without completing
visual assessments seven (7) times (starred in Table 1).
5. Permit Part 5.2.2 states, " If an annual average exceeds an applicable benchmark threshold based on the
following events, the AIM [Addition Implementation Measures] requirements have been triggered for that
benchmark parameter. You must follow the corresponding AIM-level responses and deadlines described in
Culpeper Wood Preservers CEIInspection Date: November 2, 2022
5
ED_019088A_00012847-00005
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
Parts 5.2.3, 5.2.4, and 5.2.5 unless you qualify for an exception under Part 5.2.6. An annual average
exceedance for a parameter can occur if:
5.2.2.1 The four - quarterly annual average for a parameter exceeds the benchmark threshold, or
5.2.2.2 Fewer than four quarterly samples are collected, but a single sample or the sum of any
sample results within the sampling year exceeds the benchmark threshold by more than four times
for a parameter. This result indicates an exceedance is mathematically certain (i.e., the sum of
quarterly sample results to date is already more than four times the benchmark threshold). "
Permit Part 5.2.3.1 states, " If any modifications to or additional control measures are necessary in response
to AIM Level 1, you must implement those modifications or control measures within 14 days of receipt of
laboratory results, unless doing so within 14 days is infeasible. If doing so within 14 days is infeasible, you
must document per Part 5.3 why it is infeasible and implement such modifications within 45 days. "
The Facility reported the following benchmark exceedances of copper from July 1, 2021 to June 30, 2022 as
shown in Table 2. The Facility's arsenic levels did not exceed the benchmark concentration.
Table 2: Total Recoverable Copper Benchmark Exceedances (g / L) from Quarter 3, 2021 through Quarter
3, 2022
Four Times
LimitOutfall 001Outfall 002Outfall 003Outfall 004
Quarter Parameter
Quarter 3, 20215.1920.8N / A *Not Received Not ReceivedN / A *
Quarter 4, 20215.1920.8Not Received85.791Not Received
Quarter 1, 2022 5.19 20.8 5380 2300 2330 N / A *
Quarter 2, 2022 5.19 20.8 1430 1370 1420 N / A *
Quarter 3, 2022 5.19 20.8 3790 659 892 N / A *
N / A * = Outfall did not have measurable flow during the quarter.
All measured total recoverable copper events trigger AIM action levels because each sample exceeds four
times the parameter limit of 5.19 g / L such that an exceedance of the benchmark is mathematically certain
for four quarters of sampling. The Facility representative stated that to address copper exceedances, the
Facility has multiple plans, including coordinating with both Irwin Engineer and GZA GeoEnvironmental,
Inc. on site redesign projects (refer to Appendix B, Exhibits 2 and 3).
The Facility is planning to repave the site with asphalt. The Facility representative stated that the
surface of the Facility is contaminated with arsenic and copper due to the Facility's previous use of
treatment materials that contained those elements (before the current permit term). The Facility
representative stated the asphalt would cap the chemicals and prevent their contaminating
stormwater runoff. The Facility representative estimated that the project will be complete in the
spring of 2023.
The Facility contracted GZA GeoEnvironmental, Inc. to redesign Facility stormwater drainage
towards treatment methods before reaching Outfalls 001, 002, and 003. This includes performing
maintenance on the stormwater trench along the west perimeter of the Facility to direct channelized
flow towards rip rap before reaching Outfall 003. The Facility representative stated the area that
drains to Outfall 002 is also being redesigned, but that plans had not been finalized. The Facility
representative stated that designs were not finalized but that construction would start approximately
in 2023.
Culpeper Wood Preservers CEIInspection Date: November 2, 2022
6
ED_019088A_00012847-00006
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
* The Facility contracted Irwin Engineers to perform an evaluation of the Facility's current outfall
conditions and associated control measures. Irwin Engineers also plans to take samples from the
outfalls and Goodridge Brook and review options to achieve AIM compliance.
The Facility's 2021 Annual Report stated the Facility was in AIM Level 2 (refer to Appendix B, Exhibit 6).
The Annual Report also stated the Facility would install filter units near Outfall 003, regrade the area to
prevent stormwater flow from bypassing the structural control, and begin construction by spring 2022. At
the time of the inspection, the Facility had not begun any of the planned actions.
6. Permit Part 7.3.4 states, "... for any of your monitored discharge points that did not have a discharge within
the reporting period, using Net - DMR, you must report that no discharges occurred for that discharge point
no later than 30 days after the end of the reporting period. "
The Facility did not submit sample results for Outfall 002 and Outfall 003 during the third quarter of 2021
and Outfall 001 and Outfall 004 during the fourth quarter of 2021. The Facility failed to state if the outfalls
did not receive measurable flow.
7. Permit Part 2.1.2.8.b states, " Personnel must be trained in at least the following if related to the scope of
their job duties (e.g., only personnel responsible for conducting inspections need to understand how to
conduct inspections):
i. An overview of what is in the SWPPP;
ii. Spill response procedures, good housekeeping, maintenance requirements, and material management
practices;
iii. The location of all the controls required by this permit, and how they are to be maintained;
iv. The proper procedures to follow with respect to the permit's pollution prevention requirements; and
v. When and how to conduct inspections, record applicable findings, and take corrective actions; and
vi. The facility's emergency procedures, if applicable per Part 2.1.1.8. "
Page 2-6 of the Facility's SWPPP (both the onsite 2019 SWPPP and the 2022 SWPPP) states, " Employees
at the Culpeper facility are trained in the following areas, at least once per year:
Preventative measures, including spill prevention and responses, facility inspections and
preventative maintenance. (All personnel)
The facility's SWPPP. (Conner Burke, Mike Nuzzolilo and Mark Plouffe)
Features and operations of the facility that are designed to minimize discharges of Section 313 water
priority chemicals, particularly spill prevention procedures. (All personnel)
Annual Hazardous Waste Training. (All personnel) "
The Facility representative stated that regular stormwater training is not performed, although he leads
quarterly trainings that cover general safety and pollution prevention. The attendance of the training is not
tracked, and the topics do not cover stormwater - related material.
AREAS OF CONCERN:
The Facility representative stated benchmark monitoring samples are taken upgradient of Outfall 003
(refer to Appendix A, Photograph 14). Rip rap, sediment, and leaves are located in between the
sampling location and Outfall 003.
Culpeper Wood Preservers CEI
Inspection Date: November 2, 2022
7
ED_019088A_00012847-00007
Culpeper Wood Preservers (NPDES ID: MAR05J04L)
CEI Report
The Facility representative stated stormwater from the south area of the Facility flows either to a
catch basin located in the south area of the Facility or to Outfall 002 located at the south perimeter
(refer to Appendix A, Photographs 18 through 21). The Facility representative did not know where
the catch basin discharged.
ATTACHMENTS:
Appendix A-Photograph Log
Appendix B-Exhibit Log
Culpeper Wood Preservers CEI
Inspection Date: November 2, 2022
8
ED_019088A_00012847-00008