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32C-047 (20) Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1070-40 1084 (Subpart J) 1 - 064 7 C. LSP OPINION: (continued) LSP Name: W i l l i a m T Mal l i n LSP#: 4 9 6 6 Stamp: �tNDF A44�9 Telephone: 6 1 7—4 9 8—4 6 3 5 Ext.: WU AM CyGU) FAX: 617-497-9023 J. N �MALUO ,�// rtvl l N0.4968 LSP Signature: --7 ' p� Date: '7 / r ct / S1TEPf YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 5/8/95 Do Not Alter This Form Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM — Pursuant to 310 CMR 40.1070 -40.1084 (Subpart J) 1 - 0647 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: C i t y Ail t o R P n a i r Street: 110 Pleasant Street Location Aid: Pearl Street City/Towm Northampton ZIP Code: 0 1 0 6 0 Address of property subject to AUL,if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) x : Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form) Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personalty examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of pre in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Actfvtty and Use Urrmttation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice of Activtty and Use Umttatlon is being registered and/or recorded,the Activity and Use Limitation that is the'subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section 8 indicates that a Termination of a Notice of Activity and Use Umttatlon is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083(3)(a); > if Section 8 indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > it Section 8 indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. Check here if the Response Action(s)on which this opinion is based•if any,are(were)subject to any order(s),permits)and/or approval(s) _ issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 518195 Do Not Alter This Form Page 1 of 2 In order to maintain a condition of No Significant Risk for that portion of the property subject to the AUL,the following obligations for maintenance of site conditions are to be maintained: • The existing asphalt pavement is to be kept intact and in-place indefinitely. Cracks and breaches in the asphalt need to be repaired in a timely manner; • No subsurface structures subject to human occupancy (e.g., manholes, vaults, basements, etc.) shall be constructed on the portion of the property subject to the AUL without appropriate development of health and safety plans and plans for appropriate disposal of contaminated soil; • Notification to the LSP of any subsurface work performed or work which could expose workers to the subsurface soils, including,without limitation,the placement of and maintenance of utilities; and • Management, transportation, and disposal of excavated fill and/or debris must take place in a manner consistent with local, State,and Federal regulations. By: / William J.Mallio, Ph.D.,L5P '7//7 y � Date -2- EXHIBIT C LSP OPINION-ACTIVITY AND USE LIMITATION CITY AUTO REPAIR RELEASE TRACKING NUMBER: 1-0647 ATTACHMENT TO BWSC-114 JULY 7, 1997 This LSP Opinion relates to the Notice of Activity and Use Limitation (AUL) accompanying a Class A-3 Response Action Outcome Statement describing those activities permitted, or restricted, on the Portion of the Property subject to the AUL at City Auto Repair, 110 Pleasant Street,Northampton, Massachusetts (Release Tracking Number[RTN] 1-0647). To assure that a condition of No Significant Risk of harm to health, safety, public welfare, or the environment is maintained, and to prevent a substantial hazard, the following activities are considered inconsistent with the objectives of the AUL: • Residential Housing; • Subsurface Excavation/Construction; • Agricultural; 0 Mining; • Groundwater development or use; and • Other such activities and uses which, in the opinion of an LSP, offer the potential for dermal, ingestion, or inhalation exposure to soil contamination. Those activities and uses permitted under this opinion include 0 Commercial/Industrial activities consistent with the use of the portion of the property subject to the AUL as a commercial enterprise, provided such activities are non- intrusive into the soil and limited to the surface; • Groundskeeping and maintenance activities that are non-intrusive to the soil and limited to the surface; and • Such other activities or uses which, in the opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than those activities set forth in this paragraph. -1- O O N C C 3 J C o m W ° y .>, C E N < 2 U J nNO O C O O 3J O O O O C o w 3 a 0 C T 7 O O L aL `O a C O m O O� P _ O O C — p w� vg a > j o b B ® I m ' I 1 U U � o L 1 I D o a v o m \� °f ¢a B Yam � � • 1 I i b: C) Y; �: V W ° 7 �aaJ�s �uosoa�d o P WITNESS the execution hereof under _.eal this day of 1997. OWNER: CIL L/0� lab,12- <ql/a we�_ Hampshire, ss Date: J �t l0, !X19 7 Then personally appeared the above named Robert A. Callander and acknowledged the foregoing to be his/her free act and deed before me, Notary Public USA L. flit L/3�e T My Commission Expires:The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion, attached hereto as Exhibit C and made a part hereof, and that in his/her Opinion, this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use HOF Limitation Opinion. WILLIAM J. Date: 7 ✓�� MAWp co LSP [LSP�EAL] �� No.49" COMMONWEALTH OF MASSACHUSETTS �S?EPF- Middlesex, ss Date. 1997 Then personally appeared the above named Wiliam J. Mallio and acknowledged the foregoing to be his/her free act and deed before me, No Public M ommission Expires: Upon recording, return to: City Auto Repair 110 Pleasant Street Northampton, Massachusetts 01060 (iii) Notification to Licensed Site Professional (LSP) of any subsurface work performed or work which could expose workers to the subsurface soils, including, without limitation, the placement of and maintenance of utilities; and (iv) Management, transportation, and disposal of excavated fill and/or debris must take place in a manner consistent with local, state and federal regulations. 4. Proposed Changed in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property, which may result in higher levels of exposure to oil and/or hazardous material than currently exist, shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare, or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. S. Violation of a Response Action Outcome. The activities, uses, and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment, or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Portion of the Property subject to this Notice at the time that the activities, uses, and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds. MortoaQes. Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements, or any other instrument of transfer, whereby an instrument in and/or a right to use the Portion of the Property, or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ices) of Deeds and/or Land Registration Office(s). NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion attached as Exhibit C provides that a condition of No Significant Risk to health, safety, public welfare, or the environment exists for any foreseeable period of time pursuant to 310 CMR 40.0000, so long as any of the following activities and uses occur on the Portion of the Property: (i) Commercial /Industrial activities consistent with the use of the Portion of the Property as a commercial enterprise, provided such activities are non-intrusive into the soil, and limited to the surface. (ii) Groundskeeping and maintenance activities that are non-intrusive to the soil and limited to the surface. (iii) Such other activities or uses which, in the opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare, or the environment, or in a substantial hazard, are as follows: (i) Residential housing (ii) Subsurface Excavation/Construction (iii) Agricultural (iv) Mining (y) Groundwater development or use (vi) Other such activities and uses which, in the opinion of an LSP, offer the potential for dermal, ingestion, or inhalation exposure to soil contamination, subject, however, to the provisions set forth in paragraph 1 above. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) The existing asphalt pavement is to be kept intact and in place indefinitely. Cracks and breaches in the asphalt need to be repaired in a timely manner. (ii) No subsurface structures subject to human occupancy (e.g., manholes, vaults, basements, etc.) shall be constructed on the Portion of the Property without appropriate development of health and safety plans and plans for appropriate disposal of contaminated soil. NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name: City Auto Repair 110 Pleasant Street Northampton, Massachusetts 01060 DEP Release Tracking Number: 1-0647 This Notice of Activity and Use Limitation ("Notice") is made as of this 14`x' day of July 1997, by City Auto Repair, 110 Pleasant Street. Northampton, Massachusetts, together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, City Auto Repair, of Northampton, Hampshire County, Massachusetts, is the Owner in fee simple of that parcel of land located north of the intersection of Pearl Street and Pleasant Street, in Northampton, Hampshire County, Massachusetts, with the buildings and improvements thereon("Property"); WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("the Property"), is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded and/or registered in the Hampshire County Registry of Deeds/Land Registration Office in Book 2018, Page No. 241. WHEREAS, a portion of the Property ("Portion of the Property") is more specifically subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan to be recorded herewith in the Hampshire County Registry of Deeds. WHEREAS, the Portion of the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Portion of the Property in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on, through, over, or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated July 7, 1997, prepared by the undersigned, William J. Mallio, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, and is attached hereto as Exhibit C and made a part hereof; NOTICE OF AN ACTIVTY AND USE LIMITATION CITY AUTO REPAIR 110 PLEASANT STREET,NORTHAMPTON, MA 01060 RELEASE TRACKING NUMBER 1-0647 Pursuant to the Massachusetts Contingency Plan(3 10 CMR 40.1403(7)(b),a Notice of Activity and Use Limitation(AUL)was filed at the Hampshire County Registry of Deeds at the above referenced location by the City Auto Repair. The AUL was filed under Book 5155,Page 84. The AUL imposes certain restrictions at the facility intended to prevent disturbance of subsurface soils. A copy of the AUL can be reviewed'at the Registry of Deeds. Other information regarding this disposal site is available for viewing at the office of Mr. Bob Callander,City Auto Repair, 110 Pleasant Street,Northampton, MA 01060. Tel: (413)584-6000. i M2i,, i 7 July 16, 1997 n � Northampton Building Inspections Department jL? 3 S E A Consultants Inc. c/o City Hall . Science/Engineering/Architecture 210 Main Street V Northampton,Massachusetts 01060 dS Re: City Auto Repair 110 Pleasant Street Northampton,MA 01060 Release Tracking No. 1-0647 S E A Ref.No. 97193.00W Dear Sir/Madam: As per 310 CMR 40.1403(3)(f), the Massachusetts Contingency Plan Public Notification requirements, this letter serves as notification of the availability of a Response Action Outcome Statement for the above-referenced facility. On May 31, 1989, the Massachusetts Department of Environmental Protection (DEP) received a report that gasoline was being discharged from a storm sewer system into the Mill River located approximately 0.2 miles southwest of the site. The source of the gasoline sheen and vapors was identified by the DEP as the City Auto Repair site. Between June 7, and June 9, 1989, six (6) underground storage tanks (USTs) were excavated and removed from the site. Upon completion of the tank removals, a release of oil and/or hazardous materials (OHM) was evident at the former gasoline and waste oil tank locations Since the removal of USTs, the conditions which caused the initial release notification appear to have abated over the past seven years due to natural attenuation and biodegradation. In addition, the groundwater for the site has been reclassified as a non-potential drinking water source. A risk assessment was conducted on the property, and an Activity and Use Limitation was imposed at a portion of the facility in order to minimize human contact with the subsurface contaminants. As per 310 CMR 40.1403(7), the Massachusetts Contingency Plan Public Notification requirements, please find enclosed a copy of the Activity and Use Limitation (AUL) registered with the Hampshire County Registry of Deeds on July 10, 1997 (Book 5155, Page 84). Also enclosed is a copy of the legal notice scheduled to be published in the Daily Hampshire Gazette. For a copy of the Response Action Outcome Report, please contact Mr. Bob Callander at(413) 584-6000. If you have any questions or comments, please call ---- - me at(617)498-4635. 485 Massachusetts Avenue Cambridge, MA 02139-4018 Very truly yours, (617)497-7800 FAX(617)49 7-7709 S E A CONSULTANTS INC. Email Cambridge @seacon.com illiam J.Malli6,LSP, Ph.D. Project Manager Rocky Hill, CT Cc: DEP Western Regional Office,City Auto Repair ►: Ietters\northamp\notice2 Rochester, NY Concord, NH Web site http://www,seacon.com �� i ----,�- -� ,r � r��� i 1 City of Northampton, Massachusetts License Commission 1 City Hall, 210 Main Street per" Northampton, MA 01060 (413) 587-1245 Fax: (413) 587-1264 s DEC 3 01997 MEMORANDUM E TO: Tony Patillo, Building Commissioner Paulette Ruzdeba, Senior Planner FROM: Sue Stone, License Commission Cler REGARDS: Application for Class II Auto Dealer License Robert Callander DATE: December 29, 1997 As you know, I have requested input from both of you regarding the above application for a Class II Auto Dealer' s License to be located at 110 Pleasant Street. Site plans were already on file with Paulette because of a DEP matter. However, I believe I requested Mr. Callander to contact the Building Commissioner's office in case you needed anything further from him. The License Commission will be meeting to hear this application on Wednesday, January 7, 1998. Will it be possible to get your recommendations/requirements prior to that date, or should I continue this matter to February? Thank you for your anticipated cooperation in this matter. F-I C. W ' 1 l fit (`i`n�� Cti T I*�G!i�1 C �ItiY1 ►.Jt?z (� J a W�>e- X`