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383 Notice of Audit Finds & Notice of Non Compliance 1997-1999[GEO PAUL CELLUCCI mentor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE August 7, 1997 Valley Aggregrates, Inc. 164 Brickyard Road Farmington, CT 06032 Attention: Mr. Ron Dahle Re: Dear Mr. Dahle: TRUDY CORE Secretory DAVID B.STRUBS Commissioner Northampton 383 Westhampton Road (rear) Release #1-11937 RELEASE NOTIFICATION AND NOTICE OF RESPONSIBILITY; M.G.L. c. 21E and 310 CMR 40.0000 On July 27, 1997 at 1:00 PM, Captain Steve Corbett of the Northampton Fire Department, provided oral notification to the Department of a release/threat of release of oil/hazardous material at the above referenced location. In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. The Department has reason to believe that the release/ threat of release you have reported is or may be a disposal site as defined in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP") . The Department also has reason to believe that you (as used in this letter "you" refers to Valley Aggregates Inc. ) are a potentially responsible party (PRP) with liability under Section SA of M.G.L. c. 21E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in said Section 5A. This liability is also "joint and several", meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages PRPS to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c. 21E is attached. Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)746-6620 • Telephone(413)784-1100 (20%Poet co".um r) NOTICE OF RESPONSIBILITY Page 2 Valley Aggregates, Inc. RTN it 1-11937 You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. You are reminded that, at the time of oral notification to DEP you were advised by the Department that the following response actions were approved as an Immediate Response Action (IRA) : 1. immediately perform appropriate analysis to capacitor oil is PCB contaminated; 2. install control measures to prevent off-site barricade/fence the spill area as needed; determine if the oil migration and 3. determine the extent of oil contamination; 4. excavate up to 50 cubic yards of contaminated soil and remove all contaminated debris; 5. perform confirmatory sampling, if needed, to determine if further remedial action is necessary. and 6. dispose of the contaminated liquid and/or solid waste from this release at a Department-approved disposal facility. An LSP must be retained to oversee the proposed IRA. Specific approval is required from the Department for the implementation of all IRAs with the exception of assessment activities the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Completion Statement and/or Response Action Outcome (RAO) statement. The MCP requires that a fee of $750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional (LSP) . You may contact the LSP Board of Registration at 617/556-1145 to obtain the current LSP list. Oversight is being provided by Mr. Domenick L. Cardinale, LSP/Environmental Compliance Services, Inc. NOTICE OF RESPONSIBILITY Page 3 Valley Aggregates, Inc. RTN p 1-11937 If you have any questions relative to this notice, you should contact Robert Terenzi at the letterhead address or (413) 784-1100 ext. 245. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Very truly yours, David Slowick Section Chief Emergency Response Certified Mail # P 237 892 787 RPT/rpt /kml RNF11937.97 copy: Northampton Mayor's office Board of Health Fire Department Mr. Domenick Cardinale, LSP - Environmental Compliance Services, Inc Mr. Rob Ruggiero - R.M. Jones & Co. , Inc. Attachments: Release Notification Form, BWSC-003 and Instructions Summary of Liability under M.G.L. c. 21E SO PAUL CELLUCCI rnor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Valley Aggregrates Inc. 164 Brickyard Road Farmington, CT 06032 Attention: Mr. Ron Dahle November 13, 1997 TRUDY CORE Secretary DAVE)B.STRUMS Commissioner Re: Northampton 383 Westhampton Road (rear) Release Tracking #1-11937 Noncompliance with M.G.L. Ch. 21E and 310 CMR 40 .0000 NON-WE-97-3063 NOTICE OF NONCOMPLIANCE M.G.L. c. 21E, 310 CMR 40. 0000 THIS IS AN IMPORTANT NOTICE. FAILURE TO TARE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES Dear Mr. Dahle: Department records indicate that response actions at the above- referenced site are not in compliance with one or more laws, regulat_icns, orders, licenses, permits, or approvals enforced by the Department. Attached hereto is a written description of (1) each activity referred to above, (2) the requirements violated, (3) the action the Department now wants you to take, and (4) the deadline for taking such action. If you fail to come into compliance by the prescribed deadline (s) , or if you otherwise fail to comply in the future with requirements applicable to you, you could be subject to legal action. Such action could include criminal prosecution, court-imposed civil penalties, or civil administrative penalties assessed by the Department . A civil administrative penalty may be assessed for every day from now on that you remain out of compliance with the requirements described in this Notice of Noncompliance . Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • T00(413)7464620 • Telephone(413)784-1100 20%Post Consumer) Notice of Noncompliance NON-W8-97-3063 RTN: 1-11937 Rear 383 Westhampton Road Be advised that the 120 day deadline to submit a Response Action Outcome (RAO) Statement without the RAO fee will expire on November 20, 1997. Therefore, a fee of $750 . 00 must accompany any RAO submitted to the Department between November 20, 1997 and July 27, 1998 . You must submit a Tier Classification for your site should you be unable to reach an RAO prior to the July 27, 1998 deadline (one year from the original notification date) . If you fail to perform these required actions by the July 27, 1998 deadline, you may be assessed an annual compliance fee of up to $2 , 600 .00 in accordance with M.G.L. c. 21E and the Massachusetts Contingency Plan (the "MCP") , 310 CMR 40 . 0000 . Please contact Robert Terenzi of the Western Regional Office at (413) 784-1100 x245 if you have any questions. Sincerely/ . , t- Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup RPT/kml 1-11937 .NON Certified Mail # P 153 704 298, Return Receipt Requested Enclosure cc: Northampton Fire Department Board of Health Mayor' s Office Larissa Drennan BWSC/Boston Maria Pinaud, Boston Steve Ellis, DEP/WERO (2 copies) BWSC/WERO Enforcement File Mr. Domenick Cardinale, LSP - Environmental Compliance Services, Inc. Mr. Rob Ruggiero - R.M. Jones & Co. , Inc. NOTICE OF NONCOMPLIANCE NON-WE-97-3063 NONCOMPLIANCE SUMMARY NAME OF ENTITY IN NONCOMPLIANCE: Valley Aggregrates, Inc. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 383 Westhampton Road (rear) DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: September 25, 1997 for the submission of a completed Release Notification. Form t,. address the release of mineral oil containing PCB's which occurred on July 27, 1997 in Northampton, MA. September 25, 1997 for the submission of an Imnmediate Response Action (IRA) Plan to address this release; DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED WITH: A. Noncompliance with the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act, MGL 0.21E, and the Massachusetts Contingency Plan, 310 CAR 40.0000 1) The submission of a completed Release Notification Form within 60 days of the date you receive the Notice of Responsibility for a release or threat of release in accordance with 310 CMR 40.0336(1) ; 2) The submission of an IRA Plan within 60 days of first communicating to the Department the need to conduct an IRA in accordance with 310 CMR 40.0420(5) . ACTION TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTION: 1) Submit a completed Release Notification Form to the Department no later than November 20, 1997. 2) Submit an IRA Plan to the Department by no later than November 20, 1997. 3) Submit an IRA Status Report to the Department by no later than November 20, 1997. Date: November 13, 1997 Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup EO PAUL CELLUCCI mot Valley Aggregates, Inc. 164 Brickyard Road Farmington,CT 06032 Attn: Mr. Ron Dahle COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE November 17, 1998 Re: Northampton- RTN 1-11937; IRA, RAO Former Valley Aggregates 383 Westhampton Road TRUDY COXE Secretary DAVID B. STRUHS Commissioner NOTICE OF AUDIT and REQUEST FOR INFORMATION This is an important notice. Promptly respond to any requests contained herein. Dear Mr. Dahle: Massachusetts General Law Chapter 21E requires the Massachusetts Department of Environmental Protection(the Department)to audit response actions not overseen or conducted by the Department at sites of releases of oil or hazardous material to ensure that these actions are being conducted according to M.G.L. c.21E,the Massachusetts Contingency Plan(MCP), and other relevant laws and regulations. The MCP at 310 CMR 40.1100 establishes procedures for conducting such audits. The site referenced above has been selected by the Department for an audit. The audit will be conducted by Department staff in the Western Regional Office. The audit will initially focus on the Immediate Response Actions(IRA)and Response Action Outcome(RAO)completed at the site. Additional response actions may also be examined as appropriate. This notice describes the scope of the audit and the type of audit activities the Department initially intends to perform along with your responsibilities and relevant deadlines. A fact sheet and flow chart that describe the audit process are also included as part of this notice. Note that,during an audit, response actions can proceed as planned unless you are otherwise notified by the Department. Request for Information. Pursuant to M.G.L.Chapter 21E§§ 2,4,and 8,310 CMR 40.0165, and 310 CMR 40.1120 (1),the Department requires you to provide the information in Attachment I. You must prepare written responses to each item and deliver such responses to DEP within fourteen calendar days of your receipt of this notice. Furthermore, your response must contain the certification of submittal as specified in 310 CMR 40.0009(see enclosed form). This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street • Springfield,Massachusetts 01103 • FAX(413)784-1149 • TDD(41317466630 • Telephone(413)760.1100 0 Prnled on Recycled Paper (20%Post Consumer/ alley Aggregates,Inc. otice of Audit tge 2 If you do not have any portion of the information requested in your possession,custody,or control,you must state this in your response and identify the person/s, if known to you,from whom the information can be obtained. You must follow the procedure described in 310 CMR 40.0165 (3) if you claim any information submitted is a trade secret or otherwise exempt from public disclosure. DO NOT IGNORE THIS REQUEST. Failure to respond to this request or the submission of false or misleading information may subject you and your officers and employees to further enforcement action by the Department. A copy of this request has also been sent to the Licensed Site Professional (LSP)for your site. You may consult with an LSP when preparing a response to this request. Note,however,that you, not your LSP, are obligated to respond to this request. Send your complete response to this request and the required certifications to the undersigned. The deadline given for a response to this request is an "Interim Deadline"enforceable under 310 CMR 40.0167. You may request an extension of this deadline in writing to the Department auditor listed below. The Department,however, is not required to grant a request for an extension. Note that you are obligated under 310 CMR 40.0165 (2)to promptly provide the Department any information relevant to this "Request for Information" and correct any errors in your response to this "Request for Information" at any time in the future when you discover such information or errors. Request for Site Inspection. Pursuant to M.G.L. c. 21 E§§ 2, 4, and 8, 310 CMR 40.0166,and 310 CMR 40.1120(1)employees,agents,and contractors of the Department may enter any site or vessel to investigate, sample, or inspect any documents,conditions,equipment, practice, or property as part of the audit. The Department requests an appointment to inspect the site on Tuesday,December 1, 1998 at 10:30 am and discuss issues relevant to this audit. The inspection will be conducted by Edward Weagle. Your Licensed Site Professional is requested to attend. Please call within seven days at(413)784-1100 x221 if you will need to arrange an alternative date or time. The purpose of the inspection will be to observe site conditions,verify the information presented to the Department to date, and perform soil screening analyses for total petroleum hydrocarbons using a Petro-Flag field screening kit,on soil samples that will be collected from the release area. At the completion of this phase of the audit the Department may: (1) issue a Notice of Audit Findings which may include a statement of violations or deficiencies and steps to correct those violations or deficiencies. (2) request a meeting with you, and if you choose,a representative,to discuss response actions and other supporting evidence to demonstrate compliance and then issue a Notice of Audit Findings. (3) conduct further site investigations and then issue a Notice of Audit Findings. (4) issue a Notice of Audit Findings that sets an Interim Deadline to correct violations or deficiencies or to prepare an Audit Follow-up Plan. (5) initiate enforcement actions listed at 310 CMR 40.1140(2) if violations of M.G.L. c. 21 E or the MCP have been identified. [ley Aggregates,Inc. Lice of Audit ge 3 If you have any questions regarding this notice or any of the requirements contained in it,or believe that you cannot comply with its requirements, please call Edward Weagle at(413)784-1100 x221 �� ''Sincerely, Edward.1. We Environmental Analyst Catherine G. Wanat Section Chief Audits/Site Management Bureau of Waste Site Cleanup CERTIFIED MAIL#Z 012 271 227 RETURN RECEIPT REQUESTED Attachments: Request for Information(2 pages) Certification of Submittal (1 page) cc: City of Northampton,Mayor's Office City of Northampton,Board of Health Environmental Compliance Services, Inc., 588 Silver Street, Agawam,MA 01001, Attn: Mr. Domenick Cardinale, LSP-of-Record R.M. Jones,Inc.,34 Ronzo Rd., Bristol, CT 06010, Attn: Mr. Rob Ruggiero Stick N Stones,383 Westhampton Road,Northampton, MA 01060,Attn: Mr.James Wzorek WERO Audit File Thomas Potter,Audit Coordinator, DEP Boston ATTACHMENT 1 REQUEST FOR INFORMATION This Request for Information is addressed to Valley Aggregates, Inc.to the attention of Mr. Ron Dahle, which has been identified as a Potentially Responsible Party for the Former Valley Aggregates site,RTN 1-11937 located at 383 Rear Westhampton Road,Northampton,Massachusetts. A separate response must be made to each of the questions in this Request for Information. Please label each answer with the number of the question to which it responds. This Request for Information is a continuing request. That is, if information requested here which is not known or available to you as of the date of your response later becomes known or available to you, you must forward such information to the Department. In addition, if you discover at any time after submission of your response to this request that any portion of the information you have provided is false or misrepresents the truth, you must notify the Department immediately. Note that you must provide in writing any specific information that is responsive to the questions even if that information has not been written previously in any document. If you do not have any portion of the information requested in your possession,custody,or control,you should state this in your written response and identify the person/s from whom the information may be obtained. QUESTIONS 1. The Massachusetts Contingency Plan(MCP at 310 CMR 40.1003(4) states "The location of a site for which a Response Action Outcome applies shall be clearly and accurately identified in the Response Action Outcome Statement. The boundaries of a disposal site or portion of a disposal site for which a Response Action Outcome applies shall be clearly and accurately delineated and provided in documentation submitted with the Response Action Outcome Statement." Pursuant to 310 CMR 40.1003 (4), please provide a description of the site and/or a site plan showing the area to which the RAO statement for RTN 1-11937 applies. 2. Please identify the applicable soil and groundwater categories for the disposal site. 3. Please provide construction details for the"artesian well" located at the site. Please identify the elevation of the groundwater present in this well. Please identify the former and current use(s)of this well. Please provide the results of any analytical testing of samples collected from the well. 4. Please provide the results of all analytical testing that has been performed on the remediation waste removed from the site. 5. The Department has noted that although oils from electrical equipment had been released at the site, no analyses for total petroleum hydrocarbons(TPH)were performed. In consideration that a Class A-1 Response Action Outcome statement has been filed for the release,please provide technical justification for not analyzing samples for TPH,and information which indicates that TPH concentrations at the site have been reduced to levels which approach or achieve background. alley Aggregates, Inc. ;quest for Information ige 2 6. The Department has noted that soil samples designated S-5, S-7, S-12, S-18, S-19, S-21 and S-23 were collected, however,neither screening nor analytical results from these samples were provided in the information submitted to the Department. Please state why screening and/or laboratory analytical results were not collected and/or reported to the Department. 7. The Department has noted that sample depth information contained within the text of the RAO report and provided on Figure 2 do not always agree with each other. For example,page 7 of the text states "Soil sample S-26 was collected ... at a depth of approximately 8 inches ... "while Figure 2 indicates S-26 was collected from 12 inches below grade. Please provide a table that identifies each soil sample collected, identifies the depth from which each soil sample was collected, indicates whether the sample was screened and/or analyzed at the laboratory,and states the results from the screening and/or laboratory analysis. CERTIFICATION OF SUBMITTAL(310 CMR 40.0009) This certification must be included with your response to the Request for Information I certify under the penalties of law that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this certification,and that, based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained herein is,to the best of my knowledge and belief,true,accurate and complete. I am aware that there are significant penalties, including,but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate or incomplete information. Name(Print): Position or title: Signature: Date: 0 PAUL CELLUCCI nor Valley Aggregates,Inc. 164 Brickyard Road Farmington,CT 06032 Attn: Mr. Ron Dahle COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OP ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE February 9, 1999 Re: Northampton- RTN 1-11937; IRA, RAO Former Valley Aggregates 383 Westhampton Road TRUDY COXE Secretary DAVID B.STRUMS Commissioner NOTICE OF AUDIT FINDINGS Dear Mr. Dahle: On November 17, 1998,you were notified that the Massachusetts Department of Environmental Protection had begun to audit cleanup actions conducted in response to a release of oil and hazardous material at the location described above. This Notice informs you of the results of the Department's audit. The Department finds that the audited actions currently comply and sufficient further information has been submitted, although violations of applicable requirements occurred. Therefore, no additional actions are necessary. The Audit Memorandum(Attachment A)describes activities Department personnel performed during the audit,summarizes relevant site information and lists violations.that you have already corrected or that do not need further correction. ADDITIONAL COMMENTS Finally, in Section VI of the Site Memorandum,the Department has provided additional observations related to the implementation of requirements applicable to your actions. The Department provides those comments to assist you and your Licensed Site Professional to better understand our interpretation of the Massachusetts Contingency Plan. Those comments do not constitute violations or deficiencies. Therefore, you do not need to respond to them. LICENSED SITE PROFESSIONAL A copy of this Notice has been sent to Mr. Domenick Cardinale,the Licensed Site Professional(LSP)-of- Record for your disposal site. •• This information is available in alternate format by calling our ADA Coordinator at.(617)574-6872. 436 Dwight Street • Springfield,Massachusetts 01103 • FAX(413)784-1149 • TOD(413)7464620 • Telephone(413)784-1100 0 Pained on Recycled Paper (PO%Post Consumer) alley Aggregates, Inc. oticeof Audit Findings age 2 LIMITATIONS The Department relies upon the accuracy of the information reviewed during the audit, including information submitted during the course of the audit,to make these findings. These findings do not (I) apply to actions or other aspects of the site that were not reviewed in the audit,(2)preclude future audits of past, current,or future actions at the site, (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L.c. 21E, 310 CMR 40.0000,or any other law, regulation, or requirement, or(4) limit the Department's authority to take or arrange,or to require any Responsible Party or Potentially Responsible Party to perform,any response action authorized by M.G.L.c. 21E which the Department deems necessary to protect health, safety, public welfare or the environment. If you have any questions regarding this Notice or any requirements contained in it please contact Edward Weagle at the letterhead address or by calling(413)784-1100 x221 Please reference the Release Tracking Number in any correspondence regarding the site. Sincerely, Edward J. gle Ennvii//roo�nmenlfad Analyst a,t,:t Catherine G. Wanat Section Chief Audits/Site Management Bureau of Waste Site Cleanup CERTIFIED MAIL#Z 012 271 243 RETURN RECEIPT REQUESTED Attachments: A. Site Memorandum(4 pages) cc: City of Northampton,Mayor's Office City of Northampton,Health Department Environmental Compliance Services,Inc.,588 Silver St.,Agawam,MA 01001, Attn: Mr.'Domenick Cardinale,LSP-of-Record R.M.Jones, Inc.,34 Ronzo Rd.,Bristol, CT 06010, Attn: Mr.Rob Ruggiero Stick N Stones,383 Westhampton Road,Northampton,MA 01060,Attn: Mr.James Wzorek WERO Audit File T. Potter,Audit Coordinator,.DEP Boston Data Entry: ACTAUD: IRA,RAO;NAFVCOR Attachment A AUDIT MEMORANDUM • Northampton, RTN 1-11937 Fortner Valley Aggregates 383 Westhampton Road I.RESPONSE ACTIONS AUDITED The audit of RTN 1-11937 included a review of the following actions: • Immediate Response Actions(IRA)and Response Action Outcome(RAO) statement. The above-referenced LSP Opinions were prepared by Mr. Domenick Cardinale,LSP-of-Record for RTN 1-11937. II.AUDIT ACTIVITIES The audit consisted of the following activities: • A review of all documents in the Department's files,which included, but was not necessarily limited to,a report entitled Response Action Outcome Statement,dated November 1997 and prepared by Environmental Compliance Services,Inc. • A Notice of Audit and Request for Information (RFI) letter sent to Valley Aggregates, Inc.on November 17, 1998. • A review of the written responses to the RFI,received on December 9, 1998. • A site inspection on Tuesday,December 1, 1998,that included a detailed inspection of the release area. III. SITE SUMMARY The property located at 383 Westhampton Road is a large parcel located in a predominately residential area of Northampton. The property is owned by Mr. ames Wzorek and is currently vacant. The property was formerly operated by Valley Aggregates,Inc.,as a gravel pit/concrete plant. The release area is surrounded by at least 70 acres of vacant and undeveloped land. Topography in the vicinity of the site slopes slightly to the south. Geology,depth to groundwater,and groundwater flow information were not provided in the RAO report. A well,described in the RAO report as an "artesian well,"is located at the site. The former/current uses of this well were not provided. Site Status/Response Action Summary- On July 27, 1997,the Northampton Fire Department responded to a fire at the property. During the response,electrical transformers and capacitors located on a concrete pad were identified by the Fire Department as leaking potentially polychlorinated biphenyl-contaminated transformer oils. The Department identified Valley Aggregates,Inc. as a potentially responsible party (PRP)for the identified release/threat of release. Immediate Response Actions were verbally approved by the Department, including: the determination as to whether the transformer oil contained polychlorinated biphenyls(PCB);the installation of temporary fencing; the determination of the extent of the oil contamination; the excavation of up to 50 cubic yards of contaminated soil;'the removal and proper disposal of contaminated liquid and/or solid waste at an approved facility;and confirmatory sampling. arthampton,RTN 1-11937 Lge 2 On August 1, 1997,three(3)samples were collected for PCB analysis. A sample of material collected from the top of the concrete slab was found to contain 24,000 mg/kg PCB Aroclor 1254. A soil sample collected from adjacent to the concrete pad was found to contain 8,200 mg/kg PCB Aroclor 1254. A wipe sample of the capacitor oil was found to contain 42%of PCB Aroclor 1254. A Notice of Responsibility dated August 7, 1997 was sent to the PRP. Soil excavation occurred in 4 phases. In the first 3 phases,soil was excavated with the aid of a Chlor-n- Soil Dexsil PCB field screening kit, with subsequent post-excavation sampling and laboratory analyses for PCBs via EPA Method 8080. The soil screening method had a detection limit of 50 mg/kg. During the last phase,soil borings were advanced and soil samples collected for laboratory analyses for PCBs via EPA Method 8080. On November 13, 1997,the Department issued the PRP a Notice of Noncompliance(NON)for failure to provide a Release Notification Form and an IRA plan. The NON required the PRP to complete and submit these documents to the Department by no later than November 20, 1997. On November 20, 1997,the Department received a Response Action Outcome(RAO)statement for the release. The report indicated that a Class A-I RAO had been achieved. Applicable soil and groundwater categories were not identified in the RAO statement. According to the RAO statement, a total of approximately 15 yards of contaminated concrete rubble, 100 yards of soil and 5 drums containing capacitor and transformer components were removed from the site. IV. SITE INSPECTION On Tuesday, December I, 1998 at 10:30 am,the writer met with Mr. Robert Ruggerio of R M Jones, Inc., Mr.Ronald Dahle of Valley Aggregates, Inc. and Mr. Domenick Cardinale,LSP-of-Record with Environmental Compliance Services,Inc.,at the above-referenced property, hereafter referred to as "the site". It was a partly cloudy and windy morning with temperatures in the mid 40s. The site inspection was conducted for the purpose of documenting site conditions in conjunction with the Department's audit of certain response actions performed at the site. Access to the former gravel quarry is restricted,and the area where the release occurred is located approximately 1,000 feet north of the road. Access was obtained by driving down the driveway of a private residence that fronts on Westhampton Road,past a garage/equipment storage area for a landscaping business,and up a dirt road into the former quarry. Many old foundations and concrete structures,which formerly supported heavy equipment,are located in this area of the property. The water supply well located adjacent to the release area was observed. It currently has a metal plate welded to the top of the casing. Mr. Dahle stated that the well was formerly used as a water supply to control dust during quarry operations. The well's use ended in the mid 1980s when quarry operations were discontinued. The release area is approximately 30 feet by 40 feet. Mr. Cardinale provided an introduction of the response actions undertaken,and also concurred with the Department's position that lack of total petroleum hydrocarbon(TPH)data was problematic for the RAO submittal. The writer stated that the Department was prepared'to collect soil samples at the site inspection in order to perform TPH screening back at the Department's office, using a Dexsil TPH screening kit. However, both Mr. Cardinale and the arthampton, RTN 1-11937 ige 3 writer agreed that since the excavation had been backfilled, it would not be practical to excavate soil by hand in order to collect soil samples from the appropriate depth. Mr.Cardinale proposed and the writer concurred with a plan to collect 6 soil samples via hand auger for TPH screening,with splits of the samples being retained for potential laboratory analysis, if needed. The inspection concluded at approximately 11:10 am. RFI Responses- The Department received a response to the RFI on December 9, 1998, however,the Certification of Submittal statement pursuant to 310 CMR 40.0009 was not received until December 14, 1998. In the RFI response,the disposal site was described as consisting of "_. the area of the concrete pad and an area 2 to 4 feet around the perimeter of the pad. ... " The soil at the site was classified as S-2, and groundwater as GW-3. The abandoned industrial water supply well is 8 inches in diameter and approximately 400 feet deep. The well casing was reportedly advanced at least three feet into bedrock, and depth to water was reported to be between 15 and 20 feet below grade. Finally, the RFI indicates that additional soil samples would be collected in order to characterize TPH in soils. Additional Submittal- On January 7, 1999,the Department received the results of additional investigations performed at the site. Three soil borings were advanced at the northeast corner of the former concrete pad,and three soil samples were collected from 2 to 4 feet below grade for analyses of TPH via EPA Method 8100. TPH was not reported in any of the samples at concentrations exceeding method detection limits. V.SUMMARY OF VIOLATIONS Violations That Do Not Require Further Action: No further steps are necessary to correct the following violations since they were corrected during the course of the audit or do not warrant further correction. 1. Violation of 310 CMR 40.1004(1)(a): The Massachusetts Contingency Plan at 310 CMR 40.1004 (I)(a)states "A Response Action Outcome shall be supported by assessments and evaluations conducted pursuant to 310 CMR 40.0000 which are of sufficient scope, detail, and level of effort to characterize the risk of harm to health, safety,public welfare and the environment posed by the site or disposal site pursuant to 310 CMR 40.0900;" Although oil was released at the site, the RAO statement submitted to the Department did not include an evaluation for total petroleum hydrocarbons. This violation was subsequently corrected by the collection and analyses of soil samples for the presence of oil. 2. Violation of 310 CMR 40.0420(2): The Massachusetts Contingency Plan at 310 CMR 40.0420 (2)states in part 'Immediate Response Actions shall be conducted in compliance ... with any response action requirements deemed necessary by the Department and/or specified by the Department in its approval of Immediate Response Action Plans. " On July 27, 1997,the Department orally approved,as an Immediate Response Action, investigations necessary to determine the extent of the oil contamination at the site. Analyses for oil were not performed as part of the Immediate Response Actions,however,this violation was subsequently corrected during the audit by the collection and analyses of soil samples for the presence of oil. 3. Violation of 310 CMR 40.1003(4)and 310 CMR 40.1056(2)(a): The Massachusetts Contingency Plan at 310 CMR 40.1003 (4)states: "The location of a site for which a Response Action Outcome applies shall be clearly and accurately identified in the Response Action • orthampton,RTN 1-11937 ige 4 Outcome Statement. The boundaries of a disposal site or portion of a disposal site for which a Response Action Outcome applies shall be clearly and accurately delineated and provided in documentation submitted with the Response Action Outcome Statement." The Massachusetts Contingency Plan at 310 CMR 40.1056(2)(a)states in part that a "... Response Action Outcome shall ... [include] ... a clear and accurate description of the location of the site or the location and boundaries of the disposal site or portion of disposal site to which the RAO applies. Such description shall reference, to the extent practicable, the location of the site, and location and boundaries of the disposal site or portion thereof relative to permanent or semi-permanent landmarks, and/or surveyed boundaries;" The information provided in the original Response Action Outcome statement did not clearly identify the boundaries of the RAO. This violation was subsequently corrected by Valley Aggregates' December 9, 1998 Request for Information submittal. Be advised that although the Department is not requiring additional actions to address the violations identified above,the Department may use this these violations to establish a pattern of noncompliance when pursuing future enforcement actions. VI. ADDITIONAL COMMENTS The Department has provided the following observations and recommendations on the actions that were audited. These observations do NOT constitute either deficiencies or violations and require no response to the Department from you. Instead,they are included to help you and your LSP better understand the Department's interpretation of M.G.L. ch. 21 E,310 CMR 40.0000,and other requirements applicable to the site. 1. The Department has noted that sample depth information contained within the text of the RAO report and provided on Figure 2 do not always agree with each other. Please note that the inconsistencies contained within the RAO report made the Department's review of the information used to support the RAO statement difficult and more time consuming. The Department recommends that in any potential future submittals, information contained within all reports to be provided to the Department be reviewed in order to identify and correct any inconsistencies. 2. The Department'also notes that the text of the RAO report and the hazardous waste manifests contained in Attachment II do not agree with respect to the amount of contaminated soil and debris transported off-site. The text of the RAO report states that approximately 15 yards of contaminated concrete and 100 yards of contaminated soil were removed form the site. The manifests indicate that approximately 56 tons of contaminated soil and concrete, or approximately 35-40 yards, were removed from the site. Please note that had the Department relied on the text of the report to determine compliance with Immediate Response Action approval requirements,the Department may have pursued enforcement actions against Valley Aggregates,Inc. Again,the Department recommends that information contained in all reports submitted to the.Department be carefully checked in order to ensure that such information is accurate. . . ENVIRONMENTAL COMPLIANCE SERVICES, INC. November 21 , 1997 File No. 13060 Document No. 13769 Via Certified Mail Mayor Mary Ford 210 Main Street Northampton, MA 01060 RE: 383 Westhampton Road Northampton, MA Release Tracking #1-11937 Dear Mayor Ford On behalf of Valley Agregate Inc., Environmental Compliance Services, Inc. (ECS) submitted a Response Action Outcome (RAO) Statement to the Massachusetts Department of Environmental Protection (DEP) on November 20, 1997. A copy of the report can be obtained by contacting the Department of Environmental Protection, Bureau of Waste Site Cleanup, 436 Dwight Street, Springfield, Massachusetts, 01103. If you should have any questions concerning this submittal, please do not hesitate to contact our office. DLC/kh Sincerely, VIRO� � �� + OMPLIANCE SERVICES, INC. ick . Cardinale, Jr., L.S.P. omen Principal cc: Board of Health - Via Certified Mail Massachusetts DEP - Via Certified Mail 588 Silver Street •Agawam, MA 01001 •413-789-3530•Fax 413-789-2776 157 Old Guilford Road#6 •Brattleboro, VT 05301 •801-157-1195•Fax 802-257-1603