Salvage Yard, Massachusetts Reach Agreement

The Massachusetts Department of Environmental Protection and James Marceline, owner of Marceline Salvage Co., Harwich, MA, have come to an agreement through an administrative consent order to correct alleged deficiencies in the operation of the junk yard.

The consent order instructs Marceline to develop a plan for management of fluids from vehicles and to begin shipping stockpiled batteries, crushed vehicles and tires off-site for recycling.

It further requires the property owner to develop a plan for removal of materials and for continued operation of the site. That plan has three components. An auto recycling and junk yard best management plan; a schedule for crushing and off-site recycling of vehicles, batteries, radiators, catalytic converters, and other components associated with the vehicles; and a solid waste remediation plan, which covers all fluids and hazardous components from vehicles.

The order cites several alleged violations of state provisions relative to the operation of the salvage company. It includes failure to receive, handle, or store recyclable materials, incidental solid waste, and residues within an enclosed handling area or adequately covered container.

Further, it alleges Marceline has speculatively accumulated metals. It states the operator admitted holding materials for a significant period of time and could produce no records indicating the date of prior shipments of recyclable materials.

The operator, the order alleges, has stored and maintained solid waste consisting of discarded scrap metal, batteries, disassembled automotive vehicle bodies, batteries, tires, and other miscellaneous materials without a site assignment or permit.

“Mr. Marceline disputes both the facts and legal basis of the alleged violations,” the order states. “However, as a result of discussions between the department and respondent (the parties), and without adjudication of any fact or law … and without concession or admission with respect thereto by Mr. Marceline, the parties have agreed to this consent order rather than expending the time and resources necessary to adjudicate this matter.”

Several attempts to reach Marceline for comment this week were unsuccessful.

Theresa Barao, a spokes person with DEP Southeast Regional Office, said Marceline has filed a management plan for removal of material that was stipulated in the administrative consent order by the end of November.

Barao classified the nature of the violations cited by DEP as “being typical of a salvage operation that has been going on for decades.”

The business has been in operation for more than 50 years, buying and selling auto/ auto parts, while recycling batteries, gas tanks and scrap metal.

The order states on two occasions, Sept.18, 2002 and April 7, 2004 , DEP personnel conducted site inspections. They observed “thousands of cars” stored throughout the site, approximately 900 were crushed and stacked, many vehicles were pre-1990 while others were 1950-1960 vintage, the order states.

“Typically, gasoline and antifreeze were drained from the cars before storage and the gas tanks and radiators and other scrap metal were removed from the auto,..” the order states. “There may be isolated instances in which some vehicles still contained some gasoline.”

The order directs the salvage yard operator, upon the effective date of the order, to promptly drain fluids from any new junk vehicles brought to the site, and properly manage these fluids in order to ensure the “fluids are not released to the environment.”

Marceline was instructed to submit a plan for addressing removal of materials and for continued operation of the site by the end of November. The order also instructs the operator to have all stockpiled batteries, crushed vehicles and stockpiled tires on site as of the effective date of the consent order removed and recycled at a licensed facility by July 31, 2005 .

Upon completion of that task, Marceline, in conjunction with DEP, will perform a site evaluation to determine whether there is evidence of site contamination. A civil administrative penalty of $5,000 was assessed to Marceline; however, $3,000 can be directed toward the expense of a supplemental environmental project to develop an auto recycling and junkyard best management plan.   Cape Cod Chronicle