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DANIEL S. GREENBAUM /Yestees2 0.egioni
Commissioner 4J60aw6e Jrreea J Aloes arms
JOHN J. HIGGINS
Regional Director 415-784-1100
June 27, 1990
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U-Haul Corporation
139 Broadway
Albany, NY 12202 Re: Northampton- W90- 0400
SA #1-0809
Attn: Tom Whittaker 727 King Street
LOCATION TO BE
INVESTIGATED
M.G.L. c. 21E and
310 CMR 40.000
Gentlemen:
The Department of Environmental Protection (the "Department") has determined that
the property at 727 North King Street, Northampton, MA (the "Location") is a Location
To Be Investigated ("LTBI") as a possible disposal site as defined in M.G.L. c. 21E and
the Massachusetts Contingency Plan, ("MCP"), 310 CMR 40.000.
On June 20, 1990, a representative of the Department inspected the site to verify the
presence of gasoline-contaminated soils and groundwater which were discovered during
the removal of underground petroleum storage tanks at the site. During this inspection,
the Department observed the installation of additional test pits in various locations at the
site to determine the vertical and horizontal extent of the contamination. Contaminated
soils were discovered in all test pits observed, indicating that the contamination was not
localized in the vicinity of the excavated underground storage tanks.
Based upon these field observations, the Department considers this location reasonably
likely to be a disposal site. Because this location has been identified as an LTBI, it will
be included on the list of "Locations and Disposal Sites" published by the Department.
The information currently available is insufficient to allow the Department to confirm
the location as a disposal site. M.G.L. c. 21E and the Massachusetts Contingency Plan
require that the following be completed and submitted to the Department:
1. Preliminary Assessment ("PA"), as designated in 310 CMR 40.535 and 40.541.
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2. Phase I - Limited Site Investigation, as designated in 310 CMR 40.535 and
40.543.
3. Disposal Site Classification Form.
These documents will provide the information needed to determine if the LTBI is a
disposal site and to decide if further remedial response actions are necessary. The
Department requires you to submit the documents by no later than 90 (ninety) days
from the date of this letter.
The tasks that should be completed for a Phase I report are outlined in 310 CMR
40.543. PA forms and Site Classification forms may be obtained as indicated on the
attached form.
If you perform the activities noted above, the Department will not seek to recover the
costs it incurs in reviewing the Preliminary Assessment report, the Phase I Limited Site
Investigation report, and the Disposal Site Classification form that you submit to the
Department.
If the Preliminary Assessment and Phase I Limited Site Investigation indicate that the
location is a non-priority disposal site, you may apply for a waiver of Department
approvals. If a waiver application is approved by the Department, response actions may
be completed at the site without Department approvals. Waiver applications can be
obtained by writing to the Waiver Unit, Department of Environmental Protection, Bureau
of Waste Site Cleanup, One Winter Street, 5th Floor, Boston, MA 02108.
If at any time an "imminent hazard", as defined in 310 CMR 40.542, is discovered at
the location, you must immediately notify the Department, and submit a proposal for a
short term measure. No short term measure may be commenced without prior
Department approval. If the short term measure is not performed in a timely manner,
the Department is authorized to perform the short term measure and recover the costs
for performing this work.
You should be aware that if the Department performs the required assessment activities,
you may be held liable for all response action costs incurred by the Department.
If the LTBI is confirmed as a disposal site, you may be named as a potentially
responsible party ("PRP") with liability for up to three (3) times all response action costs
incurred by the Department. Response action costs include the cost of direct hours spent
by Department employees arranging for response actions or overseeing work performed
by PRPs or their contractors, expenses incurred by the Department in support of those
direct hours, and payments to the Department's contractors. (For more detail on cost
liability, see 310 CMR 40.600: Cost Recovery.)
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The Department may also assess interest on costs incurred at the rate of twelve percent
(12%), compounded annually. You may also be liable for damages to natural resources
and liable under M.G.L. c. 21E, section 11 and other laws for each violation of c. 21E
or other laws, or under M.G.L. c. 21A, section 16, for violations of c. 21E and other
statutes, regulations, orders or approvals.
You cooperation in this matter is appreciated. If you have any questions regarding this
communication, please contact Dave Slowick at the letterhead address. Please reference
the number at the top of this document in any correspondence with the Department.
Very truly yours,
f
Stephen F. Joyce
Regional Engineer
Bureau of Waste Site Cleanup
Western Region
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Certified Mail #P 790 127 679, Return Receipt Requested
Enclosure
cc: Northampton Fire Department
Northampton Board of Health
Clean Harbors (CHIEE)
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DANIEL S. GREENBAUM 9Vaton' Reyth "
Commissioner
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JOHN J. HIGGINS
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21E/MCP
GUIDELINES AND OTHER PERTINENT INFORMATION
The following guidelines and information can be obtained by completing the
form below and sending the form and a check made out to the "Commonwealth of
Massachusetts" in the amount of $16.25. The processing and handling fee is
$6.00 and the copies plus postage is $10.25.
1. General Guidelines for Property Investigations
2. Guidelines for the Preparation of Phase I - Limited Site
Investigations
3. Minimum Standards for Analytical Data for Remedial Response
Actions Under M.G.L. c. 21E - Policy #WSC-89-004
4. Certification Status of Commercial Environmental Laboratories
Certified by Massachusetts D.E.P.
5. Interim Site Classification Form
6. Fact Sheet - Waiver of Approvals for Non-Priority Disposal Sites
The checks for the above copies should be sent to the attention of Barbara
Scott.
Copies of the Massachusetts Contingency Plan (MCP) and Massachusetts General
Laws Chapters 21C, 21D and 21E can be purchased at the Secretaries of State
Bookstore, 21 Elm Street, Springfield, MA 01103, (413) 784-1376. The cost of
the MCP is $3.10 and MGL Chapters 21C-E are $2.25. A copy of the Preliminary
Assessment Report Form is included in the Massachusetts Contingency Plan.
REQUEST FOR MCP GUIDELINES
TO: DEP/BWSC/436 Dwight Street, Springfield, MA 01103
Attn: Barbara Scott
Send to:
Check enclosed for $
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