MA State Barraks 1992-2007 DANIEL S. GREENBAGM
Commissioner
JOHN J. HIGGINS
Regional Director
Exxon Company, Inc.
52 Beacham Street
Everett, MA 02149
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December 24, 1992
Re: Northampton - ER W92-566
764 North King Street
Exxon Service Station
M.G.L. Chapter 21E
Attention: Charles M. Beck von Peccoz
REVIEW OF REPORT
Dear Mr. Beck von Peccoz:
The Department of Environmental Protection, Bureau of Waste Site
Cleanup - Emergency Response Section (the Department) has received
a summary report regarding the Exxon Service Station located at 764
North King Street, Northampton, Massachusetts. The report was
prepared by Groundwater Technology, Inc. (GTI) of West Springfield
and submitted on November 19, 1992 on behalf of Exxon, Company
(Exxon) .
As part of additional environmental assessment, GTI installed two
groundwater monitoring wells (GT-101 and GT-102) , gauged all six
wells for the presence of free phase gasoline and sampled the
groundwater from four of the six wells and submitted the samples
for analyses for Total Petroleum Hydrocarbon content (TPH) and for
EPA Method 602, including methyl tertiary butyl ether (MTBE) .
Soil samples were composited from the installation of the two wells
and analyzed for EPA Method 8015 including benzene, toluene,
ethylbenzene, and xylene (BTEX) and MTBE, which were non-
detectable. Upon completion, the wells were gauged and only OW-2
contained free phase petroleum at a thickness of 0. 01 feet. GTI
collected groundwater samples from four wells on October 16, 1992.
OW-1 was non-detectable for all analyses, OW-3 contained 3 , 670 ppb
(parts per billion) of BTEX and 529 ppb of MTBE, GT-101 only
contained 4 . 1 ppb of BTEX, GT-102 contained 34 ppb of BTEX and 3 . 9
ppb of MTBE. All wells were non-detectable for TPH. MTBE was not
detected in the previous groundwater analyses performed in 7/20/89
by IT Corporation.
On December 2, 1992 , Department personnel obtained information from
the Northampton Fire Department (NFD) concerning an underground
gasoline storage tank system located at 764 North King Street,
Northampton. The NFD stated that they were notified in March of
1992 that Exxon failed a tightness test, which was performed by
Techna, Inc. , on piping connected to an underground gasoline _
storage tank system. The pipeline was subsequently repaired an re-
tested as tight. On March 27, 1992, the Department was notified by
Geological Services Corporation concerning the discoverance of
gasoline-contaminated soil during the installation of a Stage II
Vapor Recovery System at the station. The Department was not
notified concerning the tightness test failure of the above
mentioned pipeline.
As stated above, MTBE was not detected in the previous groundwater
analyses, but was detected in two wells (OW-3 and GT-102) in t'
10/16/92 groundwater analyses. The recent detection of MTBE is
indicative of a release of gasoline since 7/20/89 and may be
attributed to the gasoline pipeline leak in March of 1992 .
The Department has determined that the following actions must be
performed.
1) Exxon shall gauge all on-site groundwater monitoring wells
for the presence of free phase floating petroleum product.
All wells containing free phase product shall be bailed of
product and then gauged a week later. Exxon shall submit a
summary report of the findings from the above work. The
report shall include a proposal for further gauging and
bailing, if necessary;
2) Exxon shall submit to the Department all documentation
regarding the tightness testing of all on-site underground
storage tanks and associated pipelines for the last year.
Also, include dates for further proposed tightness testing.
If you have any questions concerning this matter , please contact
Ben Fish of the Emergency Response Section at the above telephone
number or address.
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cc: Northampton Fire Department
Northampton Board of Health
David A. S-iT wick
Section Chief
Emergency Response Section
Co Primed on aecycied P.pe,
DANIEL S. GREENBAUM
Commissioner
JOHN J. HIGGINS
Regional Pit odor
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May 6, 1992
URGENT LEGAL MATTER: PROMPT REPLY NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Massachusetts State Police
555 North King Street
Northampton„ MA 01060
RE: Northampton - W92-141
SA 01-0973
State Police Barracks
Route 5/North King Street
M.G.L. c.21E
Attention: Edward F. Podlovits
NOTICE OF RESPONSIBILITY - DISPOSAL SITE
Dear Mr. Podlovits,
This letter concerns the release and/or threat of release of gasoline from an
underground storage tank system located at the State Police Barracks on Route 5,
Northampton, Massachusetts.
BACKGROUND
On March 3, 1992, the Department of Environmental Protection, Bureau of Waste
Site Cleanup, Emergency Response section ("the Department") was notified by Eric
Dahlgren of GZA Remediation, Inc. (GZA) , that soil containing volatile organic
compounds (VOC) was discovered during the removal of a 1,000 gallon waste oil
underground storage tank. The soil was screened with a Photoionization Detector
(PID) . The waste oil tank was located adjacent to two gasoline underground
storage tanks planned for removal and replacement.
Subsequently, Department personnel inspected the site during the waste oil tank
removal operation. The tank was severely pitted and a perforation was noted on
the side of the tank. Soil beneath the tank was screened with a PID and
exhibited 178 parts per million (ppm) of VOC.
on April 1, 1992, the Department was notified by GZA that a 4, 000 gallon gasoline
underground storage tank was removed and the soils surrounding the tank were
screened with a PID. Readings as high as 360 ppm of VOC were detected in the
soil. The tank was approximately 40 years old and had failed a tank tightness
test on May 17, 1991. The Department was not notified concerning failure of the
test. In accordance with the MCP - 310 CMR 40.376, the Department must be
notified concerning tanks that had test failures equal to or greater than 0.05
gallons per hour. This notification should have been made within two hours of
the test failure.
On April 27, 1992, Department personnel inspected the gasoline tank removal
operation. The second gasoline tank had been removed. The tank was corroded,
but no perforations were observed. Pip readings from soil beneath the tank
exhibited levels as high as 400 ppm of VOC. During the Department's inspection,
a floor drain system was located in the automobile service building. The
discharge .point of the system could not be confirmed, but may discharge to a
manhole covered drywell located outside the rear of the building.
On May 1, 1992, the Department received a "Tank Removal Report" prepared by GZA
on behalf of the Massachusetts State Police. The report includes laboratory
analyses of post excavatory soil samples from the waste oil and gasoline tank
pits. Analyses of the soil from the waste oil tank pit indicated 820 parts per
billion (ppb) of toluene and 53,000 ppb of total xylenes. Analyses of the soil
from the first gasoline tank pit indicated 19,000 ppb of benzene, 170,000 ppb of
toluene, 44,000 ppb of ethylbenzene, 190,000 ppb of total xylenes and 4,400 ppm
of Total Petroleum Hydrocarbon (TPH) . Approximately 1,000 tons of contaminated
soil is currently stockpiled on-site pending disposal.
These conditions described above constitute a release and/or threat of a release
of oil or hazardous materials. The prevention and/or mitigation of such a
release or threat of a release is governed by M.G.L. c.21E, and the Massachusetts
Oil and Hazardous Material Release, Prevention and Response Act" . The Department
has determined that the this location is a confirmed Disposal Site.
STATUTORY LIABILITIES
The Department has reason to believe that you (as used in this letter, 'you"
refe s to Massachusetts state Police are a potentially responsible party (a
"PRP ''1 with liability under M.G.L. c. 21E, section 5, for the response action
costs. Section 5 makes the following parties liable to the commonwealth: (1)
current owners of operators of a site at which there has been a release or threat
of release of oil or hazardous material; (2) former owners or operators of a site
at the time hazardous material was stored or disposed of and from which there is
or has been a release or threat of release of hazardous material; (3) any person
who arranged for transport, disposal, storage, or treatment of hazardous material
to a site at which there is or has been a release or threat of release of
hazardous material; (4) any person who transported hazardous material to a
transport, disposal, storage or treatment site at which there is or has been a
release or threat of release of hazardous material; and (5) any person who
otherwise caused or is responsible for release or threat of release of oil or
hazardous material at a site.
This liability is strict, meaning it is not based on fault but solely on your
status as an owner, operator, generator, transporter or disposer. It is also
joint and several, meaning that you may be liable for all response action costs
incurred at a site even if there are other parties who are also liable.
In addition to your liability for up to three (3) times the response action costs
incurred by the Department, you may also be liable for damages for impairment of
natural resources. Additional liability may also be imposed under M.G.L. ch.
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.
The Department encourages parties with liabilities under M.G.L. c. 21E to provide
or arrange for response actions. The Department is authorized pursuant to M.G.L.
ch. 21E sections 3A(j) and 4 to take such response actions at the site as -it
deems necessary should you fail to respond to the release/threat of release in
an appropriate and timely manner. If the Department is forced to respond to the
release/threat of release, you will be liable for a minimum of $1,000.00 in
response action costs in addition to any contractor costs the Department incurs.
DETERMINATIONS AND NECESSARY ACTIONS
(1) By no later than 90 days from the date of this letter, perform a
Preliminary Assessment and Phase I - Limited Site Investigation in
accordance with 310 CMR 40.541 and 40.543, respectively. The need for
Short Term Measures (310 CMR 40.542) should be evaluated throughout this
process. The final report should include a completed.. Interim Disposal
Site classification System form (310 CMR 40.544) and a scope of work for
a Phase II - Comprehensive site Assessment (310 CMR 40.545) , if needed.
(2) The Department has determined that a Short Term Measure (STM) is
warranted at this site in accordance with the Massachusetts Contingency
Plan (MCP) - 310 CMR 40.00. The STM is warranted due to the significant
levels of gasoline constituents remaining in the soil-in the vicinity of
the gasoline tank farm. By no later than June 1, 1992, retain an
environmental consultant to perform a Soil Gas Survey (SGS) to detect the
gasoline vapor concentrations in the soil. The horizontal extent of
gasoline vapors in the soil shall be mapped as to define the plume of
gasoline contamination. The need for an additional STM shall be
subsequently evaluated based upon the horizontal extent and concentrations
of the gasoline vapors.
(3) By no later than June 1, 1992, the floor drain system shall be
investigated to determine the discharge point. The floor drain system
must be closed in accordance with the Department's Underground Injection
Control Program (310 CMR 27.00) .
(4) By no later than 15 days after completion of required actions 1(2)
and R(3) , submit a follow-up report to the Department concerning the
findings of both investigations.
Depending on the information generated by the above work, the Department may
require additional investigations, studies, and actions. If you fail to take
these actions or if you fail to perform these tasks in accordance with the
Department's requirements, the Department may, under the authority of M.G.L. c.
21E, have the work performed by its contractor.
If you intend to undertake the required actions, you must notify the Department
in writing of your intent no later than seven (7) business days from the date you
receive this letter and contract with an environmental consultant. Prior to
undertaking any actions at this site, your consultant must contact the person
listed in the last paragraph of this letter and explain how he/she intends to
proceed in the assessment/cleanup of this release.
If the Department does not hear from you within the time specified above, the
Department will assume that you have refused to accept responsibility for the
release/threat of release. The Department will soon thereafter commence response
actions and will expect to recover to the full extent of the liability set forth
above.
If you have any questions regarding this notice, please contact Ben Fish of the
Regional Emergency Response section at the letterhead address. Please refer to
case number SA 1-0973.
Very truly yours,
Catherine Wanat
Acting Regional Engineer
Bureau of Waste Site Clean-up
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Certified I P 706 689 674, Return Receipt Requested
cc: -BWSC, Boston
Northampton Board of Health
Mary Ford, Mayor of Northampton
Northampton Fire Department
Debra Kennedy,
1641 Center Street
Ludlow, MA 01056
John Carlson, Deputy commissioner and Ted Anthony
Executive Office for Administration S Finance
Division of Capital Planning & Operations
Office of Facilities management
One Ashburton Place
Boston, MA 02108
DANIEL S.GREENBAUM
Commissioner
JOHN J. HIGGINS
Reglonv area,
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July 1, 1993
Commonwealth of Massachusetts
Division of Capital Planning & Op
One Ashburton Place
Room 1519
Boston, MA 02108
Attn: Bill Alpine
Gentlemen:
erations
Re: Northampton- SA9 1-0973
Mass. State Police Barracks
555 North King Street
Review of Phase I Report
The Department of Environmental Protection, Bureau of Waste Site Cleanup (the
"Department") has received on June 2, 1993, a Preliminary Assessment and Phase
I- Limited Site Investigation report for the Massachusetts state Police Barracks,
555 North King Street, Northampton, MA. The report was prepared by H+GCL, Inc.
of Boston, MA on behalf of the Division of capital Planning & operations (DCPO) ,
and was submitted in response to a Notice of Responsibility, dated May 6, 1992,
which was issued to DCPO by the Department.
A review of the submittal by Department personnel indicates that additional
information is necessary to address the requirements of the May 6, 1992 NOR. A
memorandum summarizing the Department's review is attached for your reference.
The additional information outlined in the Department's June 15, 1993 memorandum
as well as a scope of work for any additional subsurface investigation, removal
of the floor drain/drywell system and the proposed soil venting system must be
submitted to the Department within thirty (30) days from the date you receive
this letter.
If you have any questions regarding this matter, please contact Steven Cooperman
or the undersigned of this office.
DAS/ds
P:spbrev
enclosure
70ry truly^ y
David A.
Section Chief
Emergency Response
cc: Northampton Board of Health
Northampton Fire Department
Mayor of Northampton
Mass. State Police- Edward Podlovits (w/ enclosure)
H+GCL, Inc.- Chris Nichols (w/ enclosure)
Anna Symington
William F. Weld
Governor
Daniel S.Greenbaum
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
January 11, 1994
Exxon Company, U.S.A.
52 Beacham Street
Everett, MA 02149
Attention: Charles M. Beck von Peccoz
RE: Northampton (L)
Exxon Service Station
764 North King Street
Site #:1-0743
Review of Report
REVIEW OF REPORT
Dear Mr. Beck von Peccoz:
The Department of Environmental Protection, Bureau of Waste Site Cleanup,
Emergency Response Section ("the Department") received the "10/8/93 Groundwater
Monitoring Report" on November 5, 1993, for the Exxon Service Station located at
764 North King Street in Northampton, Massachusetts. The report was prepared and
submitted in your behalf by Groundwater Technology, Inc: (GTI) of Windsor, CT.
Department review of the report indicated the following information. Groundwater
samples were obtained from five of the six monitoring wells. Well OW-4 was dry.
The five samples were analyzed per EPA Method 602 - volatile organic compounds
(VOC) plus methyl tertiary butyl ether (MTBE) . Laboratory analyses of the
groundwater samples indicated the following:
Notes:
BTEX = benzene, toluene, ethylbenzene and xylenes
BDL = Below detectable Limit
Concentrations in parts per billion (ppb)
Also provided in the report were groundwater analyses from sampling rounds dated
October 16, 1992 and April 6, 1993. BTEX and MTBE concentrations in OW-3 have
significantly increased over the past year. BTEX concentrations in OW-2 are also
elevated although the concentrations were consistent over the past two sampling
rounds.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
OW-1
OW-2
OW-3
GT-101
GT-102
Total BTEX
BDL
20,000
30, 000
9.6
140
MTBE
BDL
1, 000
1, 000
BDL
BDL
Notes:
BTEX = benzene, toluene, ethylbenzene and xylenes
BDL = Below detectable Limit
Concentrations in parts per billion (ppb)
Also provided in the report were groundwater analyses from sampling rounds dated
October 16, 1992 and April 6, 1993. BTEX and MTBE concentrations in OW-3 have
significantly increased over the past year. BTEX concentrations in OW-2 are also
elevated although the concentrations were consistent over the past two sampling
rounds.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
-2-
According to Figure #1 - Groundwater Contour Map in the report, OW-3 is located
downgradient of the existing underground gasoline storage tank (UST) farm. OW-2
is also located downgradient of the UST farm and the gasoline dispenser/pump
islands. OW-2 is located within 10 feet of the east property boundary and in the
close proximity of North King Street. At this time it is unknown if gasoline-
contaminated groundwater has migrated off-site due to the lack of off-site
groundwater monitoring wells. Potential downgradient receptors of the
contamination from this site include subsurface municipal utilities beneath North
King Street and wetland and/or surface water bodies located on the opposite side
North King Street.
Based upon the above information, the Department has determined that a condition
of "Substantial Release Migration" (SRM) currently exists at the site in
accordance with the Massachusetts Contingency Plan 310 CMR 40.0413 . The
Department requires that an Immediate Response Action (IRA) be implemented at
this site due to the SAM condition. An Immediate Response Action Plan (IRAP)
must be submitted within 30 days of receipt of this letter for Departmental
review and approval. The IRAP shall be prepared in accordance with 310 CMR
40.0424 .
On November 17, 1993, the Department was verbally notified by GTI concerning the
removal of gasoline LISTS at the site. GTI performed the work without written
Department approval to perform a Release Abatement Measure (RAM) at this site.
The Department verbally approved the RAM. GTI agreed to retroactively submit a
RAM Plan, the appropriate fee, and an UST removal report to the Department.
If you Regional Emergency questions Re ponse regaring tats the above address or Ben Fish of
the
413-784-1100 ext.
285.
rs trul
BF/bf/mr
P:nhamp743 .srm
cc: orthampton Fire Department
Northampton Board of Health
GTI, David Sherman
vid A.
Section Chief
Emergency Response
a
William F. Weld
Governor
Daniel S.Greenbaum
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
March 1, 1994
Exxon Company, USA
52 Beacham Street
Everett, MA 02149-5526
Attention: Charles M. Beck Von Peccoz
RE: Northampton
Exxon Service Station
764 North King Street
Site #: 1-0743
IRA Plan Approval
Dear Mr. Beck Von Peccoz:
The Department of Environmental Protection, Bureau of Waste Site Cleanup,
Emergency Response Section ("the Department") received a proposal on February 14,
1994 for -the approval of an Immediate Response Action (IRA) Plan for the Exxon n
ervice Station located at 764 North Main Street in Northampton,
The IRA proposal was prepared in your behalf by Groundwater Technology, Inc.
(GTI) . The IRA consists of the installation of three groundwater monitoring
wells hydraulically downgradient of the site. Soil samples will be collected at
five foot intervals and field screened with a flame ionization detector (GC/FID) .
The highest concentrations will be submitted for analyses by EPA Method 8020 plus
methyl tertiary butyl ether (MTBE) and Total Petroleum Hydrocarbons (TPH) . The
groundwater from the wells will be analyzed by EPA Method 624, plus MTBE.
Additional samples will be obtained for a petroleum hydrocarbon screen (GC/FID) .
The Department approves of the proposed IRA with the following conditions:
1) Complete the IRA by no later than April 29, 1994;
2) Submit to the Department a IRA Completion Report within 30 days of
completion of the IRA.
If you Regional Emergency Response regarding
Section the above address contact
r 413-784-1100£ext.
285.
BF/bf/mr
P:nhamp743.ira
cc: Northampton Fire Department
Northampton Board of Health
GTI, David Sherman
Y tru
vid A. Sloes ck
Section Chief
Emergency Response
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)7114-1149 • Telephone(413)784-1100
GROUNDWATER
TECHNOLOGY ®
Groundwater Technology,Inc.
March 23, 1994
Office Of The Mayor
Town Hall
210 Main Street
Northampton, MA 01060
Kennedy Business Park II,431(F)Hayden Station Road.Windsor,CT 06095 USA
Tel:(203)688-1151 Fax:(203)688.8239
Refer: 01122-5201
Subject: DEP Site No. 1-0743
Former Exxon Service Station
764 North King Street
Northampton, Massachusetts
To Whom It May Concern:
The Massachusetts Department of Environmental Protection (DEP), in correspondence dated
January 11, 1994, informed the Northampton Board Of Health and the Fire Department that a
condition of"Substantial Release Migration" (SRM) exists at the above referenced property in
accordance with the Massachusetts Contingency Plan 310 CMR 40.0413.
In accordance with the requirements of 310 CMR 40.1400, please accept this correspondence as
notification that an Immediate Response Action Plan (IRAP) has been filed and approved by the DEP
in response to the SRM. The TRAP includes the installation of three groundwater monitoring wells
with associated soil and groundwater sampling.
Copies of all applicable project submittals are available for review at the DEP's Western Regional
Office in Springfield, Massachusetts. If you have any comments or questions regarding the
Northampton site, please call me.
Sincerely,
Ground Tee gy, In .
David B. Sherman
Staff Geologist
Project Manager
DES/car
Enon2J1
Copy: Northampton Board of Health
Northampton Fire Department
Mr. David A. Slowick, Department of Environmental Protection
Mr. Charles M. Beck von Peccoz Exxon Company U.S.A.
(Ordinal document printed on recycled paper)
Offices throughout the O.S..Canada and Overseas
a
GROUNDWATER
TECHNOLOGY ®
April 26, 1994
Groundwater Technology,Inc.
Kennedy Business Park II,431(F)Hayden Station Road,Windsor,CT 06095 USA
Teh 4203)688-1151 Fax:(203)688-8239
Refer: 01122-5201
Mr. Ben Fish
Massachusetts DEP
436 Dwight Street
Springfield, MA 01103
Subject: Groundwater Analytical Requirements
IRA Plan Approval
Former Exxon Service Station
764 North King Street
Northampton, Massachusetts
R/S 3-5002
DEP Site N2 1-0743
Dear Mr. Fish:
In response to our telephone conversation on April 14, 1994, this letter serves to confirm the
groundwater analytical requirements associated with the approved Immediate Response Action Plan
(IRAP) at the above referenced Northampton location. The proposed IRAP prepared by
Groundwater Technology, Inc. for E ocon Company U.S.A. indicated that all groundwater monitoring
wells at the site would be sampled and analyzed for volatile organic compounds according to EPA
Method 602 (including methyl tertiary-butyl ether (MTBE)) plus a petroleum hydrocarbon screen
utilizing a gas chromatograph equipped with a flame ionization detector (TPH GC/FID).
Correspondence from the Department dated March 1, 1994 indicated that the groundwater
monitoring wells were to be sampled according to EPA Method 624 including MTBE plus TPH
GC/FID. Based on our conversation (April 14, 1994) the confirmed groundwater analysis is EPA
Method 602 including MTBE and TPH GC/FID. Following receipt of the groundwater laboratory
analytical data, an IRA Completion Statement and report will be prepared and submitted to the
Department within the 30-day time period.
If you have any questions regarding this correspondence, please contact our office.
Sincerely,
Groundwat Tech gy, Inc.
Aceir
David B. S •- man
Staff Geologist
Project Manager
Copy: Mr. Charles M. Beck von Peccoz, boron Company U.S.A.
Northampton Fire Department
Northampton Board of Health
Exxon2.41
Offices throughout the LS,Canada and Overseas
JUN 1 5 1994
uui�ciS1.711 Li:61
GROUNDWATER
11 TECHNOLOGY
Groundwater Technology.Inc.
Kennedy Business Park II,431(F)Hayden e�(203)688-1151 t Fax:(203)688-8239
Refer 01122-5201
June 13, 1994
Office Of The Mayor
Town Hall
210 Main Street
Northampton, MA 01060
Subject: Immediate
a NRe Rsponse Action Completion Statement
DEP 764 North King Street
Northampton, Massachusetts
To Whom It May Concern:
In accordance with the Massachusetts Contingency Plan 310 CMR 40.0000, please accept this
Statement for the above referenced t the
Northampton of the Immediate Response Action Completion
The Completion Statement with supporting documentation is available for review at the ffice in
Massachusetts Springfield, MasDsacchusetts. o r
If you have any ques Protection (MADEP)
ionsregard regarding this corre pondence
f , please
contact our office.
Sincerely,
Groundwater Technology, Inc.
"'AC'
David B. Sherman
Staff Geologist
Project Manager
Copy: Northampton Board of Health
Mr. Ben Fish, MADEP
Mr. Charles M. Beck von Peccoz Eiocon Company U.S.A
0ffices throughout the L'S.,Canada and Overseas
William F. Weld
Governor
Trudy Coxe
Sec,elery, EOEA
Thomas B. Powers
Acting Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
Exxon Company, U.S.A.
52 Beacham Street
Everett, MA 02149
Attn: Charles M. Beck von Peccoz
March 23, 1995
Re: Northampton; 1-0743; RAM
Exxon Service Station
764 North King Street
NON-WE-95-3032
NOTICE OF AUDIT FINDINGS
NOTICE OF NONCOMPLIANCE
This is an important notice.
Promptly respond to any requests contained in this letter.
Failure to respond to these requests could result in serious legal consequences.
Dear Mr. Beck von Peccoz:
On December 28, 1994, the Massachusetts Department of Environmental Protection issued a Notice
of Audit informing you that the Department was conducting an audit of certain activities related to
the disposal site referenced above pursuant to 310 CMR 40.1100. That audit is now complete. The
purpose of this notice is to explain the results of the audit.
The audit included a review of the following:
• Release Abatement Measure (RAM)
The audit consisted of the following activities:
• A review of the following documents:
Phase I Report dated September 7, 1989 and Preliminary Assessment
Report, received January 17, 1990.
Status Reports/Groundwater Monitoring Reports
RAM Plan (and Transmittal Form), received January 31, 1994.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
(Lewis Streeter, LSP 6466, of GTI)
Tank Removal Report/RAM Completion Report, received February 7,
1994. (GTI)
RAM Completion Statement form, received February 7, 1994. (Lewis
Streeter, LSP)
LSP Evaluation Opinion Transmittal form for the above RAM,
received March 8, 1994. (Lewis Streeter, LSP)
Response to December 28, 1994 Notice of Audit (NOA)/Request for
Information (RFI), received January 4, 1995. (GTI)
The issuance of a Notice of Audit (NOA) and Request For Information (RFI) on
December 28, 1994.
SUMMARY/STATUS OF RESPONSE ACTIONS
Current Site Status
The site is currently listed by the Department as a Location To Be Investigated (LTBI). Prior to
late 1993, it was used as a retail gasoline sales station. Currently, it is vacant.
A waste oil underground storage tank (UST) was located on the east side of building. Fuel oil and
gasoline USTs were located on the north side of the building. A drywell and an oil/water separator
(OWS) were located on the south side of building. The USTs, drywell, and OWS were removed from
the site in 1992 and 1993.
There are 2 sea.onal streams (1 north and 1 south) within a 1/4 mile radius of the site. The
Connecticut River is located approximately 6.5 mile south-southeast of the site. There is an
unnamed lake approximately 3000 feet east of the site which appears to be associated with the Mill
River and adjacent wetlands. There are wetlands are located approximately 1000 feet west and 1500
feet east of the site. (from Phase I report)
Phase I Investigations
The initial Phase I investigations were conducted under the supervision of IT Environmental
Services Inc. of Shrewsbury, Massachusetts.
Three monitoring wells (OW-1, 2 and 3) were installed on July 13, 1989. OW-1 and 2 were located
near the tank field area and OW-2 was located near the pump islands. Selected soil samples were
analyzed for total petroleum hydrocarbons (TPH) and benzene, toluene, ethylbenzene, and xylenes
(BTEX). Benzene was detected at 20 ug/kg and xylenes at 70 ug/kg in the sample from boring OW-
2.
The wells were gauged on July 20 and 28, 1989, sampled on July 20, 1989, and analyzed for BTEX.
IT measured a depth to groundwater of 19 to 20 feet and calculated that groundwater flowed to the
northeast. No separate phase product was found in any of the wells. BTEX was detected at 52 ug/L
for OW-1, at 3527 ug/L for OW-2 and at 1283 ug/L for OW-3.
Status/Groundwater Monit ring Reocrts
November 17, 1992 Report
Two additional monitoring wells (GT-101 and GT-102) were installed. Well GT-102 was located in
the area around the waste oil UST and GT-101 was located to the south of the waste oil UST. Soil
samples from these d a BTEX and methyl
d were for ether (MTBE).
The
site wells we re gauged and of these were sampled on October 16, 1992. Floating product
fou nd in OW-2 at
a thickness of 0.01 feet. The groundwater samples were analyzed for TPH and
MTBE. The analysis results are summarized in the table at the end of this section. This report was
received by the Department, but currently only the first page of the report is in the Department's
files (the body of the report is missing).
April 27, 1993 Report and sampled on April 6, 1993. No separate phase
All six on-site monitoring wells were gauged P
petroleum product was detected. The depth to groundwater ranged from approximately 9 to 18 feet
below grade. Groundwater Technology, Inc. (GTI) calculated that groundwater flowed to the east.
The groundwater samples were analyzed for total hydrocarbons and for BTEX plus MTBE. Total
hydrocarbons ranged from 3.1 to 52,000 ug/L. The BTEX and MTBE results are summarized in the
table at the end of this section.
November 3, 1993 Report
All six on-site monitoring wells were gauged and sampled on October 8, 1993. A sheen was observed
on OW-2. Depth to groundwater ranged from 22 to 25 feet. GTI calculated that groundwater flowed
approximately east across the site. Groundwater samples were analyzed for BTEX plus MTBE. The
analysis results are summarized in the table at the end of this section.
December 8, 1994 Report and sampled on October 14, 1994. No
Eight of nine on and off-site monitoring wells were gauged a Depth to groundwater sampled
O beer 14 from
separate phase petroleum was detected. OW-4 was dry. P _
site. The groundwater samples were analyzed fora X pt MTBE. Total BTEX flowed
summarized tin
the table at the end of this section.
February 16, 1995 Report (most recent groundwater
sampled on January results)a 24, 1995. No
The nine on and off-site monitoring wells were gauged Depth on Janua r 24, 19 from
separate-phase petroleum was detected. OW-4 was dry. p groundwater flowed to the east.
approximately 16.8 to 22.7 feet below grade. GTI calculated that
The ndwat for benzene,ed to he east,
The groundwater samples were analyzed for BTEX plus
benzene, xylenes and MTBE are summarized in the following table. Total BTEX is
summarized in the table at the end of this section.
Summary of Analysis Results
For Groundwater Samples Collected on January 24,1994
Parameter
OW-I
OW.2
OW.3
MW-S
MW.8
MWA
CT-10t
GT.102
Benzene(ug/LI
ND
ND
108
362
ND
31.9
ND
ND
Toluene(ug/W
ND
374
44.4
6,750
ND
ND
ND
ND
Ethylbeneene lug/L)
ND
929
77M
1,880
ND
ND
ND
ND
Xylenes(ug/L)
ND
824
410
9,950
BDL/BDL
16,125/5,000
13,875/0.94
100/266
MTBE(ug/L)
4.5
359
230
531
5.2
82.4
5.4
51
ND:Below Deter n Limit
Groundwater Gauging and Analysis Results
BTEX(ug/LI(MTBE tug/L)
Date
OW-1
OW.2
OW-3
OW-4
MWS
NW-6
MW-7
GT-101
GT-102
10/16/92
366/BDL
SPP(001 f0
3,670/529
DRY
NA
NA
NA
4.1/BDL
39/3.97
9/6/92
3.1/BPI
24,000/4,900
32,000/820
2,500/1,000
NA
NA
NA
BDL/BDL
0.3/27
10/8/93
BDL/BDL
20,000/1,000
30000/1000
DRY
NA
NA
NA
96/BDL
140/BDL
4/7/94•
BDL/BDL
16,125/5,000
13,875/0.94
100/266
6711/2/5
BDL/RDL
94/86
NS
BDL/BDL
10/14/94
BDL/BDL
10,300/966
1,300/BDL
DRY
28,000/BDL
BDL/BOL
286/270
BOL/BDL
BDL/BDL
1/24/95
NO/4.6
4290/359
640/230
DRY
18,300/531
ND/52
31.4/82.4
ND/5.4
3.1/5.1
SPP(0.01/i separate phase product, 01 feet thickness, ROL:below detection limits. ND:not detMr4
NA_not applicable,well not installed yet. •.samples were collected dud g the Mneh/Ap 111994 IRA.
RAM Activities
The RAM was verbally approved on November 17, 1993. It consisted of the excavation and removal
of six USTs, associated piping, two hydraulic lift cylinders, and petroleum hydrocarbon impacted soil
encountered during the excavation. These activities were conducted on November 15, 16, and 17,
1993. The work was monitored by GTI. GTI performed the work as a Limited Removal Action
(LRA), believing this to be correct. They verbally notified the Department concerning the removal of
the gasoline USTs on the site on November 17, 1994 and at that time were informed that the work
should be performed as a RAM. At that time the Department verbally approved the RAM, and GTI
agreed to retroactively submit a RAM plan, the appropriate fee, and a UST removal report to the
Department.
Six USTs (three 6,000 gallon gasoline tanks, one 8,000 gallon gasoline tank, one 1,000 gallon waste
oil tank, and one 1,000 gallon fuel oil tank) were excavated and removed from the site on November
16-17, 1993. Residual liquid (approximately 400 gallons) was pumped from each UST and
transported to Clean Harbors under manifest. Residual sludge from the fuel and waste oil tanks
was contained in 55 G drums and then removed from the site under manifest by Clean Harbors of
Braintree, Massachusetts on June 15, 1994. The tanks were transported to Mass Tank Disposal
located in Chicopee, Massachusetts.
Soil samples were collected throughout the excavation and were screened for VOCs using a flame
ionization detector (FID). Soils registering FID readings of 50 ppm or greater were segregated and
stockpiled on site for subsequent disposal. Soil registering FID readings below 50 ppm was returned
to the excavation as backfill. The remaining excavation was backfilled with 200 tons of washed
stone provided by Baxter Sand & Gravel of Southwick, Massachusetts.
Soil samples were collected from approximately 2 feet beneath all USTs and beneath the former
product transfer lines, and from beneath the hydraulic lift cylinders. Soil samples collected from
beneath the waste oil tank and hydraulic cylinders were screened for TPH using EPA 8015ES TPH
was below detection limits (BDL) for the sample collected 2 feet below the waste oil tank excavation
and for the sample collected 2 feet below the hydraulic lift #2 excavation. TPH was detected at 110
mg/kg for the sample collected 2 feet below the hydraulic lift #1 excavation. The soil samples
collected from beneath each gasoline tank, the fuel oil tank and the product transfer line were
analyzed for BTEX using EPA 8020. BTEX was below detection limits for each of these samples.
A total of approximately 190 cubic yards of soil was stockpiled on site A soil sample was collected
from the soil stockpile and analyzed for halogenated VOCs using EPA 8010, TPH using 418.1, TCLP
lead, and flashpomt. TPH was detected at 95 mg/kg. No TCLP lead or halogenated VOCs were
detected. On April 14, 1994, the stockpiled soil (approximately 233 tons) was transported off-site to
D'ambra Construction located in Warwick, Rhode Island for thermal processing and recycling. The
hazardous waste manifests were submitted to the Department in response to the December 28, 1994
NOA/RFI and were received by the Department on January 4, 1995.
During the excavation activities, PVC piping was installed below grade from monitoring wells OW-2
and OW-3 for a potential future soil vapor extraction system.
AUDIT FINDINGS
Violations
On the basis of the information reviewed during the audit and in reliance upon the accuracy of that
information, the Department has determined that you are in non-compliance with one or more laws,
regulations, orders, licenses, permits, or approvals enforced by the Department. Provisions of the
Massachusetts Contingency Plan (MCP) pertaining to LRAs, RAMs, remediation waste management
and public notification requirements were violated.
In response to these violations, the Department has issued a Notice of Noncompliance, which is
included with this Notice of Audit Findings. This NON describes (1) the violation(s) identified, (2)
the action(s) that the Department now requires you to take , and (3) the deadlines(s) for taking such
action(s).
An administrative penalty may be assessed for each day that you are in noncompliance with the
requirements described in the attached NON commencing within seven days after the required
deadlines. Computation of time pertinent to this Notice is set forth in 310 CMR 40.00008.
The Department reserves the right to exercise the full extent of its legal authority in order to obtain
full compliance with all applicable requirements, including, but not limited to, criminal prosecution,
civil action including court-imposed civil penalties, or administrative penalties assessed by the
Department.
DO NOT IGNORE THIS NOTICE. Failure to co (eat the violations identified and provide
documentation of such action to the Department may subject you and your officers and employees to
enforcement action by the Department. The Department may conduct a follow-up audit to
determine whether the required actions have been taken. If the Department finds that the required
response actions to the violations have not been taken, the Department may issue a Notice of
Noncompliance (NON), Notice of Intent to Assess a Civil Administrative Penalty (PAN),
administrative enforcement order, Notice of Responsibility (NOR), Notice of Intent to take Response
Action (NORA) or Unilateral Order as appropriate. You may also be subject to cost recovery under
310 CMR 40.1200 for failure to perform response actions at the disposal site.
A copy of this notice has been sent to the Licensed Site Professional (LSP) of record for your
disposal site. You may consult with an LSP when preparing a response to this notice. Note,
however, that you, not your LSP, are obligated to respond to this Notice and remedy the violations
and deficiencies. Note that any submittals to the Department made in response to this
notice must include the Certification of Submittal enclosed with this letter signed by an
authorized individual as specified in 310 CMR 40.0009.
The audit focused primarily on compliance with certain requirements of M.G.L. c.21E and the MCP
and, to a limited extent, other applicable requirements. This audit does not preclude future audits of
past current, or future response actions or activities at the site or inspections to confirm compliance
with applicable requirements of other laws or regulations enforced by the Department.
These findings do not in any way constitute a release from liability under M.G.L. c. 21E, the MCP,
or any other law, regulation, or requirement. No portion of this Notice shall be construed to relieve
any person from an obligation for Response Action Costs or damages related to a site or disposal site
for which that person is liable under M.G.L. c. 21E or from any obligation for any administrative,
civil or criminal penalty, fine, settlement, or other damages.
No portion of this Notice shall be construed to 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, please call Juliana Vanderwielen at 413-784-1100
_7_
extension 256. Please reference Department site number 1-0743 in any correspondence regarding
this site.
Sincerely,
Man Weinberg
Regional Engineer
Bureau of Waste Site Cleanup
CERTIFIED MAIL # P 887 905 795
RETURN RECEIPT REQUESTED
AW:JV/mr
1-0743.NAF
cc: Steve Ellis, DEP-WERO Enforcement Coordinator
M. Snow, BWSC-Boston
BWSC-WERO Enforcement File
WERO Audit File
Northampton, Board of Health
Northampton, Chief Municipal Officer
Steve Winslow, Department Audit Coordinator
Lewis Streeter (LSP of Record), Groundwater Technology Inc
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NON-WE-95-3032
ENTITY IN NONCOMPLIANCE
Exxon Company, U.S.A.
52 Beacham Street
Everett, MA 02149
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED
764 North King Street
Northampton, Massachusetts
DATE(S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED
Violations 1 through 7 were observed during an audit of the site that was initiated on December 28,
1994.
DESCRIPTION OF NONCOMPLIANCE AND THE REQUIREMENTS NOT COMPLIED
WITH:
1) Violation of 310 CMR 40.0034(4)(c). The limits for storage of contaminated soil on the
site were exceeded for the soil that was excavated during the November 1993 RAM. The
contaminated soil that was excavated during this RAM was stockpiled on the site on
November 15, 16, and 17. The stockpiled soil was removed from the site on April 14, 1994.
The soil was stockpiled on the site for a total of 150 days.
2) Violation of 310 CMR 40.0318(4). Approximately 190 cubic yards of soil was stockpiled
on-site when the November 1993 activities were being conducted as a LRA. As these
activities were being conducted as a LRA, the stockpiling of soil should have been stopped at
100 cubic yards, the Department should have been notified, and a request should have be
made to conduct the LRA as a RAM.
3) Violation of 310 CMR 40.0447 and 40.1403(3)(d). Copies of required public
notifications were not submitted to the Department. To the Department's knowledge the
required public notifications for the RAM were not sent out
4) Violation of 310 CMR 40.0443(5). A RAM Plan, a RAM Completion Report, or RAO
should have been received within 60 days after approval of the RAM. The deadline was
missed by approximately 2 weeks. The RAM was completed on November 17, 1993 and the
RAM Plan was received on January 31, 1994. (The RAM Completion Report was received on
June 10, 1994.)
5) Violation of 310 CMR 40.0444(1)(b) and (f). The RAM Plan did not include a
description of the site conditions and surrounding receptors or a listing of federal, state
and/or local permits likely to be needed to conduct the RAM.
6) Violation of 310 CMR 40.0446(1) and (2). A RAM Completion Report was submitted
before the soil excavated during the RAM was removed from the site (ie before the RAM was
completed). The soil was removed from the site on April I4, 1994. This is considered to be
the completion date of the RAM. The RAM Completion Report was received by the
Department on February 7, 1994.
7) Violation of 310 CMR 40.0445(4)(a) and (e). The RAM Completion Report did not
include a description of the site conditions and surrounding receptors or the documentation
for the transport of the contaminated soil from the site. The documents for the transport of
the contaminated soil from the site have since been submitted in response to the RFI.
ACTIONS TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION:
1) Send out the required public notifications regarding the RAM and submit copies of these
notifications to the Department.
2) Submit a description of the site conditions and surrounding receptors as an addendum to the
RAM Completion Report.
This information must be submitted to the Department within 30 days from the date of receipt of
this Notice.
DATE: March 23 1995
Department of Environmental Protection
BY:
Alan Weinberg
Regional Engineer
Bureau of Waste Site Cleanup
Certified Mail No. or Delivery Person:
William F. Weld
Governor
Trudy Coxe
Secretary, EOEA
David B.Struhs
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
Exxon Company, U.S.A.
52 Beacham Street
Everett, MA 02149
Attn: Charles M. Beck von Peccoz
Dear Mr. Beck von Peccoz:
May 25, 1995
Re: Northampton; 1-0743
Exxon Service Station
764 North King Street
Conclusion of Audit
On March 23, 1994 the Department of Environmental Protection (the Department) issued a Notice
of Audit Findings (NOAF) and Notice of Noncompliance (NON) that identified violations in response
actions at the site referenced above. The NOAF/NON requested that you take certain steps to
correct those violations. The Department received letters on April 7, 1995 and April 19, 1995 which
contain information and data indicating that steps requested by the Department have been taken.
The Department now considers the audit, which was initiated with the Notice of Audit dated
December 28, 1994, to be complete. Please be advised that the Department could review the
information submitted, if it should initiate another audit of this site in the future.
The Department thanks you for your full cooperation in these matters. Should you have any
questions regarding this con mpondence, planet contact Juliana Vanderwielen at 413-784-1100 X
256.
cc: Groundwater Technology, Inc.
Steve Winslow DEP Audit Coordinator
436 Dwight Street • Springfield, Massachusetts 01103
Sincerely,
✓Juliana Vanderwielen
Environmental Analyst
Gcw.G't/aWYe.
Catherine G. Wanat
Section Chief
Audits/Site Management
• FAX(413)784-1149 • Telephone(413)784-1100
GROUNDWATER
l TECHNOLOGY k.
Kennedy Busin
Groundwater Technology.Inc.
Park II.431(F)Hayden Station Road.Windsor.CT 06095 USA
Tel:12031688-1151 Fax:12031688-8239
April 5, 1995 Refer: 01122-5201
Office Of The Mayor
Town Hall
210 Main Street
Northampton, MA 01060
Subject:
Release Abatement Measure Plan
DEP Site No. 1-0743
Former Exxon Service Station
764 North King Street
Northampton. Massachusetts
To Whom It May Concern:
In accordance with the requirements of 310 CMR 40.1403 (3)(d), please accept this correspondence
as notification that a Release Abatement Measure (RAM) Plan has previously been filed and
approved by the DEP in regard to the above referenced Northampton location. As outlined in the
RAM Plan (dated January 19, 1995), the purpose of this response action was to excavate and
remove the hydraulic lift systems and all underground storage tanks and associated piping from the
former Exxon Service Station. Additionally, as provided for under 310 CMR 40.0442 (2)(a)
approximately 190 cubic yards of soil was excavated as remediation waste and disposed off-site.
RAM activities at the site were conducted on November 15, 1993 through November 17, 1993.
Concurrent with the previously stated RAM activities. initial measures were taken to install PVC
piping below grade in the vicinity of existing monitoring wells OW-2 and OW-3 for a potential soil
vapor extraction system.
Copies of all applicable project submittals are available for review at the DEP's Western Regional
Office in Springfield, Massachusetts. If you have any comments or questions regarding the
Northampton site, please call me.
Sincerely,
Groundwater Technology, Inc.
David B. Sherman
Staff Geologist
Project Manager
SESjb
Copy: Northampton Board of Health
Northampton Fire Department
Ms. Juliana Vanderwielen, Massachusetts Department of Environmental Protection
Mr. Charles M. Beck von Peccoz. Exxon Company U.S.A.
Officer throughout the U.S..Cmmde,mAOrerseas
arc ENVIRONMENTAL INC.
18 October 1995
Mr. John Joyce, Chairman
City of Northampton, Board of Health
City Hall
210 Main Street
Northampton, Massachusetts 01060
RE: Response Action Outcome (RAO)
CF MotorFreight, Inc.
Interstate Route 91 North, Mile Marker 23.5
Northampton, Massachusetts
Release Tracking No. 1-10917
Dear Mr. Joyce:
Pursuant to the Massachusetts Contingency Plan 310 CMR 40.0000, Immediate Response Action
(IRA) activities were performed at the above referenced location as a result of release conditions
reported to the Western Regional Office of the Massachusetts Department of Environmental
Protection (DEP) on 20 June 1995. A Response Action Outcome, pursuant to 310 CMR
40.1000, has been completed for the release condition and submitted to the DEP on 18 October
1995. This document and all supporting documents submitted to the DEP are public record and
may be reviewed at the DEP Western Regional Office located at 436 Dwight Street in the City
of Springfield, Hampden County, Massachusetts.
Should you have any questions, please feel free to call either of the undersigned at
413/525-1198.
Sincerely,
ATC Environmental Inc.
T omas M. Potter
Project Manager
l . Ojns.Ns
Timothy J. O'Brien, LSP
Director of Environmental Services
cc: DEP Western Regional Office
D. Brown, CF MotorFreight, Inc.
Solutions For Environmental Concerns
c-SpAc• r.•t-..creado -. 28 • M.1S n 9 • `A%I4'.ii53-8271
a
t
.LL1M F.WELD
1E0 PAUL CELLUCCI
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT 01? ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
March 7, 1996
Steady Transport Company
Munkton Rd.
Vergennes, VT 05491
Attention:Randy Steady
Re : Northampton
N.Ring Street & Damon Rd.
RTN #1-11275
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L. c . 21E and
310 CMR 40 . 0000
Dear Mr. Steady:
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
On March 6, 1995 at 5:30 A.M. , the Department was notified of a
release/threat of release of diesel fuel at the above-referenced
site. In addition to oral notification, 310 CMR 4C . 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/ hreat 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 Steady Transport Company) 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 SA.
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
Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • T00(413)746-6620 • Telephone(413) 764-1100
C:Fenced on Recycled Paper(20%Post Conr¢mel
costs and/or avoid liability for costs incurred by the Department
in taking such actions.
You may also avoid or reduce certain permit or
fees payable under 310 CMR 4 . 00 . Please refer to
a complete description of potential liabil
convenience, a summary of liability under M
attached.
You are reminded that you were advised by the Department that the
following response actions were approved as an Immediate Response
Action (IRA) :
The IRA consists of the removal of the use of absorbent media to
clean-up the release of diesel fuel . The Department requires the
disposal of any contaminated media in accordance with Department
regulations .
Specific approval is required from the Department for the
implementation of all IRAs with the exception of assessrent
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 ( AO)
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 2MR
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 (LEP) . You ray
contact the LSP Board of Registration at 617/556-1145 to obtain the
current LSP list .
If you have any questions relative co this notice, you should
contact John Bourcier at the letterhead address or (413) 784-1100
extension 312 . All future communications regarding this release
must reference the Release Tracking Number (RTN) contained in the
subject block of this letter.
annual compliance
M.G.L. c. 21E for
ity. For your
.G.L. c . 21E is
Very truly yours,
David A. S ow ck
Section Chief
Emergency Response Section
P : \11275 .RNF
Certified Mail #Z 082 549 423
copy:
Northampton
Fire Department
Mayor' s Office
Health Department
Kevin Lynch, Environmental Products & Services
Attachments : Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L. c . 21E
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
;LIAM F WELD TRUDY COXE
lernor Secretary
GEO PAUL CELLUCCI DAVID B.STRUHS
Commissioner
Governor March 18, 1996
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Massachusetts Highway Department
10 Park Plaza, Room 4260
Boston, MA 02116
Attention: Mr. Thomas F. Broderick,
Acting Chief Engineer and
Mr. Gregory Prendergast,
Deputy Chief Environmental
Re: MHD Facilities -
Bernardston, Deerfield,
Northampton, Orange, Granby;
Release #s: 1-11285, 1-11286,
1-11287, 1-11288, 1-11289,
Respectively
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
Gentlemen:
Thank you for submitting the Oil and Hazardous Material Release Notification Form
(RNF) received by the Department on March 13, 1996 for each of the MHD facilities
listed above. In light of this action, the Department wishes to ensure that you
(as used in this notice, you refers to Iassachusetts Highway Department) are
aware of your rights and responsibilities under the Massachusetts Oil and
Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the
Massachusetts Contingency Plan (MCP) , 310 CMR 40.0000.
The information contained in your submittal indicate that the above-referenced
properties have been subject to a release of oil and/or hazardous material (OHM)
to the soils and/or groundwater at each facility, in excess of the applicable
reportable concentration. Based on this information, the Department has reason
to believe that the properties, or portions thereof, are disposal sites which
require a response action. The cleanup of disposal sites is governed by M.G.L.
c. 21E and the MCP.
The information contained in your submittal also indicates that you are a party
with potential liability for response action costs and damages under M.G.L. c.
21E, S 5. The attached summary is intended to provide you with information about
liability under Chapter 21E to assist you in deciding what actions to take in
response to this notice.
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.
36 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TOD(413)746-6620 • Telephone(413)784-1100
0 Ffimee en Recycled FMC's(20%Post Consumer)
NOTICE OF RESPONSIBILITY
MID Facilities:
Bernardeton-RTN #1-11285;
Deerfield-RTN #1-11286;
Northampton-RTN #1-11287;
Orange-RTN #1-11288- and
Granby-RTN #1-11289
Page 2
ACTIONS UNDERTAKEN TO DATE AT THE SITE
Information on file with the Department indicates that knowledge of the 120-day
reportable release conditions at the above-mentioned site was obtained by MED on
November 21, 1995. No other information was submitted with the RNF, which would
provide the Department with a description of the disposal site and the areal
extent of the contamination. However, according to your cover letter, Louis
Berger and Associates, Inc. (LEA) has been conducting a 21E Initial
Investigation/Assessment activities required by Consent Order (ACO-BO-94-2005)
at each site. The Department requests that you submit all documentation related
to the site, including all reports; i.e. , site assessments, underground storage
tank (UST) closures, groundwater monitoring data, etc. , within 21 days from the
receipt of this letter, or by April 5, 1996, whichever occurs earlier.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary and required
response actions taken for it unless and until all substantial hazards presented
by the release and/or threat of release have been eliminated and a level of no
significant risk exists or has been achieved in compliance with M.G.L. c. 21E and
the MCP.
The MCP requires persons undertaking response actions at disposal sites to submit
to the Department a Response Action Outcome Statement prepared by a Licensed Site
Professional (LSP) upon determining that a level of no significant risk already
exists or has been achieved at the disposal site.
Unless otherwise provided by the Department, responsible parties have one year
from the initial date notice of a release or threat of release is provided co the
Department pursuant to 310 CMR 40.0300 or from the date the Department issues a
Notice of Responsibility, whichever occurs earlier, to file with the Department
one of the following submittal: (1) a completed Tier Classification Submittal;
or (2) a Response Action Outcome Statement; or (3) a Downgradient Property Status
Submittal . If required by the MCP, a completed Tier I Permit Application must
also accompany a Tier Classification Submittal. The deadline for these submittal
for these disposal sites is March 13, 1997 .
In addition, the MCP requires responsible parties and any other person
undertaking response actions at a disposal site to perform Immediate Response
Actions in response to sudden releases, Imminent Hazards and Conditions of
Substantial Release Migration. Such persons must continue to evaluate the need
for Immediate Response Actions and notify the Department immediately if such a
need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L. c. 21E to take
prompt action in response to releases and threats of release of oil and hazardous
materials. You must employ or engage an LSP to manage, supervise or actually
perform all response actions which you intend to undertake at this disposal site.
According to your Charles Tuttle of NHD, although LBA has performed the site
investigations for these five (5) sites, you have not engaged an LSP to provide
LSP oversight services, at the present time.
NOTICE OF RESPONSIBILITY
WW Facilities:
Bernardston-RTN #1-11285;
Deerfield-RTN #1-11286;
Northampton-RTN #1-11287;
Orange-RTN #1-11288; and
Granby-RTN #1-11289
Page 3
If you have any further questions, please contact Steven Cooperman at the
letterhead address or at (413) 784-1100 x314. All future correspondence
communications regarding the disposal site should reference the Release Tracking
Number listed in the subject block of this letter.
S inc ely,
Alan Weinberg
Regional Engineer
Bureau of Waste Site Cleanup
DAS/SLC/sic /mr
p:\smaperm\lechers\MHD1]Os.NOR
cc: Bernardston
Fire Department
Board of Health
Board of Selectmen
Deerfield
Fire Department
Board of Health
Board of Selectmen
Northampton
Fire Department
Health Department
Mayor's Office
Orange
Fire Department
Board of Health
Board of Selectmen
Granny
Fire Department
Hoard of Health
Board of Selectmen
MHD attn: Charles Tuttle, Steven Miller, Doug Spink
Nancy Thornton/DEP Boston
Louis Berger and Associates, Inc.
Certified #Z 082 549 507
Attachment: Summary of Liability under M.G.L. c. 21E
SUMMARY OF LIABILITY UNDER CHAPTER 21E
As stated in the Notice of Responsibility accompanying this summary, the Department has
son to believe that you are a Potentially Responsible Party ('PRP") with potential liability under
G.L. c. 21E, section 5, for response action costs and damages to natural resources caused by the
ease and/or threat of release. The Department has identified you as a PRP because it believes you
I within one or more of the following categories of persons made potentially liable by subsection 5(a):
• any current owner or operator of a site from or at which there is or has been a
release or threat of release of oil and/or hazardous material;
• any person who owned or operated a site at the time hazardous material was stored
or disposed of;
• any person who arranged for the transport, disposal, storage or treatment of
hazardous material to or at a site;
• any person who transported hazardous material to a transport, disposal, storage or
treatment site from which there is or has been a release or threat of release of such
material; and
• any person who otherwise caused or is legally responsible for a release or threat of
release of oil or hazardous material at a site.
For purposes of the MCP, you are considered a Responsible Party ("RP") with actual liability
.der Chapter 21E if you fall within one of Cr,ue categories unless you (1) are entitled to a defense
icier section 5 or other applicable la-.q and (2) have reasonably incurred cleanup costs in an amount
,ual to or greater than any applicable cap on liability under subsection 5(d).
This liability is 'strict," meaning it is not based on fault, but solely on your status as an owner,
terator, generator, transporter or disposer. It is also joint and several,meaning that each person who
lls within one of these categories may be held liable for all response action costs incurred at the site.
!gardlesss of the existence of any other liable parties
Section 5 provides a few narrowly drawn defenses to liability, including a defense for releases
rd damages caused by an act of God, an act of war or an act by a third party other than an employee,
lent or person with whom the party has a contractual relationship (see subsection 5(c)); a defense for
srtain owners of residential property at which the owner maintains a permanent residence (see
rbsection 5(h))- and a defense for certain public utilities and agencies of the Commonwealth which own
right-of-way that is a site (see subsection 5(j)).
LIAM F WELD
ernor
;EO PAUL CELLUCCI
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Massachusetts Highway Department
10 Pirh Plaza, Room 4260
Boston, MA 02116
Attention: Mr. Thomas F. Broderick,
Acting Chief Engineer and
Mr. Gregory Prendergast,
Deputy Chief Environmental
Gentlemen:
July 26, 1996
Re: Northampton -
North King Street
MHD District 2 Facility
NON.NON-WE-96-A012-E
NONCOMPLIANCE with M.G.L.
Chapters 21 §26-53 & 111 §159-160
314 CMR 3.00-7.00, 310 CMR 27.00
TRUDY CORE
Secretary
DAVID B. STRUHS
Commissioner
On May 17, 1996,Department of Environmental Protection("DEP") personnel performed a compliance
inspection at the above-mentioned Facility. On July 2, 1996, Department personnel reviewed MHD's
District 2 21E Assessment Reports to determine if all facilities in MHD's District 2 are in compliance
with the above-mentioned regulations, as a followup to Department compliance inspections of May 17,
1996. The Reports summarize the environmental conditions at each of MHD's facilities in District 2,
including whether floor drains at the North King Street, Northampton, MA facility comply with or are
in non-compliance with the above regulations. On July 21, 1996, Department personnel spoke with
MHD District 2 personnel who confirmed that the drains were in fact in operation at the time of the
compliance inspections. Therefore, these drains are in noncompliance with environmental regulations,
and requirements enforced by the Department, specifically at 314 CMR 3.00, 314 CMR 5.00, or 310
CMR 27.00, the Underground Injection Control (UIC) Program Regulations.
Relative to ACO-BO-94-2005 the DEP is informing you of this concern, and providing the following
written description of(1) the activity referred to above, (2) the requirements violated, and (3) the action
necessary to correct the unresolved environmental compliance matters.
The Massachusetts Highway Department (MHD) owns and operates the Facility mentioned above with
active floor drains. Floor drains in and of themselves do not constitute noncompliance with Department
regulations. However, floor drains, in combination with one or more Class IV injection wells or
unpermitted Class V Injection wells (e.g. floor drains to dry well, or drainage ditches, etc) which
discharge or allow the discharge of pollutants to the ground, do constitute noncompliance with
Department regulations.
The Department is aware that MHD is working on a Management Systems Implementation Plan
("MSIP") pursuant to ACO-BO-94-2005. The MnIP must address these concerns in a timely manner,
and in compliance with 310 CMR 27.00, 314 CMR 3.00, or 5.00, and the following corrective actions
shall be taken at all MHD Facilities in MHD District 2 which are in noncompliance with said
regulations:
t36 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)746-6620 • Telephone(413)784-1100
0 Pnnted on w"ydm Pare■(20%PostCunnm.o
NONCOMPLIANCE SUMMARY LETTER
NON.NON-WE-96-A012-E
MHD District 2 -
North King Street
Northampton Facility
continued
Page 2
Within 15 days of this letter,cease using the injection wells/floor drains for the discharge
or disposal of any substance by temporarily plugging the point of entry to this injection
well, and notify DEP of the completion of this task
2. The MSIP must contain a plan for permanently closing all MHD Depot injection well(s)
according to the following criteria, this plan must achieve compliance in a timely
manner:
a. Decommissioning injection well -All floor drains (or other points of entry to the
injection wells) shall be either:
i. permanently scaled in accordance with the state plumbing code, 248
CMR 2.09(1)(c)(3). Before commencing work,a revised DEP Form WS1
(Notice of Plumbing Inspector Approval to Seal Floor Drain) must be
filed with the Department's UIC Program (See Form WS I enclosed for
address, Attachment I); or
ii. within the approved MSIP time lines,all floor drains must be connected
to a municipal sewer system in accordance with a permit issued by the
Department and/or local sewer authority under 314 CMR 7.00 and/or
local sewer regulations; or,
iii. within the approved MSIP time lines,ali floor drains must be connected
to a DEP-approved holding tank.
(Note the customary time frame for activities i u and iii is 6 months or
lass)
b. Remedial Activities - Remove sludge and perform excavation, sampling, and
other remedial activ'ties in accordance with the MCP and ACO-BO-94-2005 and
the process described in Attachment II"Massachusetts Closure Requirements for
Shallow Injection Wells". Upon completion at each site, submit to the
Department the results of sampling conducted and information prepared in
accordance with Attachment E.
3. When all work specified in Items 1 & 2 above is completed, you must sign, and submit
a completed UIC Notification Form to the Department's UIC Program at the address
indicated on the form, within the approved MSIP time lines for compliance.
• Please note: The application to close/seal floor drains/ drywells does not apply to any facility
whose floor drains are connected to a Municipal Sewer System or d, harge to a tight tank
NONCOMPLIANCE SUMMARY LETTER
NON.NON-WE-96-A012-E
MHD District 2 -
North King Street
Northampton Facility
continued
Page 3
Please contact Steve Cooperman of the Western Regional Office at (413) 784-1100 ext.314 if you have
any questions.
Sincerely,
l
Loretta Oi
Acting Regional Engineer
Bureau of Waste Prevention
DAS/SLC/slc
p:\xmperm\letters\MIIDA012Iet
cc: Northampton Health Department
MHD/Boston attn: Charles Tuttle, Steven Miller
MHD District 2 Headquarters, Northampton, MA attn: Doug Spink
Nancy Thomton/DEP Boston
Jacob Moss/DEP DWS Boston
Ron Stelline/DEP DWS Boston
Paul Hogan DEP/OWM Grafton
Roberta Baker (2) Copies
Steve Ellis (2) Copies
Rick Larson, Clean Sites Initiative/WERO
Certified #Z 082 549 686
PAUL CELLUCCI
or
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
iouglas Spink
2 Haz. Mat. Coordinator
forth King Street
lampton, Ma 01060
December 4, 1998
Re:
TRUDY COXE
Secretary
DAVID B.STRUMS
Commissioner
Northampton, RTN 1-11151
Facility 20, Route 5
Interim Deadline, M.G.L. Ch 21e.
Mr. Spink:
bvember 23, 199B, The Department received a letter from you requestingxt at the
line for submittal of the Phase Ii/III, Comprehensive Site Assessment,
nber 26, 1999.
se be advised that the Department can not extend any of The De ag regulatory"
howeverdedlines
forth within the Massachusetts Contingency Plan (MCP) . P
bcement nterim
actions ag inst and utilize
while the set InterimmDeadine discretion o proceed with
is in effect.
he Department' s view, sites that are not able to meet their regulatory deadlines will Th
e
In noncompliance and will remain so until such time i when nscoop lance is
re achieved.
The
artment believes that " Notification" , by persons does not
CMR 40.0550(5) or 40.0560 (5) ] , of delay in meeting a regulatory deadline,
stitute an automatic extension to the applicable deadline. By notification of delay,
person who is conducting response action ensures compliance with 310 CMR 40.0550 (5)
40.0560 (5) only without affecting the applicable deadline.
addition, please note that any delayed length s of tie CMR 40 m 0 and 40 05 t0e
to suit any prehensive Response Actions (Phase II through V) , per
1 not affect the deadline for the submittal of the subsequent Phase work.
this case the Department, pursuant to 310 CMR 40 0167, is establishing an Interim
Ldline of 120 days, from the date of this letter, for you to submit the Phase II and if
Ilicable the Phase III.
you have any questions, please contact Mr. Saadi Motamedi at 413/784-1100 ext. 224.
5/5M11151.let
Northampton Board of Health
Northampton Chief Municipal Of
Site files, BWSC, WERO
Permit Files, BWSC, WERO
Evan Johnson, Tighe & Bond
aid
cial Section Chief
Site Management/Permits
Bureau of Waste Site Cleanup
This information is available in alternate format by calling our ADA Coordinator at(617)514.6871.FAX
436 Dwight Street•Springfield,Massachusetts 01103,•Printed Recycled 784-1149•Paper
(413)746-6620•Telephone(413)784-1100
IT
ENVIRONMENTAL CONSULTANTS,INC.
PN: 3090
May 27, 1999
Mayor
City of Northampton
210 Main Street
Northampton, MA 01060
RE: Response Action Outcome Statement
U-Haul Moving Center, 227 North King Street, Northampton
MADEP Release Tracking Number RTN: 1-0809
Dear Mayor:
On behalf of Amerco Real Estate Company,the property management company for U-Haul, Summit
Environmental Consultants, Inc. (Summit) hereby notifies the City of Northampton that a Response
Action Outcome (RAO) Statement for the above-referenced release has been submitted to the
Massachusetts Department of Environmental Protection (MADEP) Northeast Regional Office. This
submittal was in response to a release of petroleum hydrocarbons from underground and/or above
ground storage tanks that formerly existed on the property. The RAO Statement and supporting
documentation indicate that the site meets the requirements of a Class A-2 RAO Class A RAOs are
reserved for those sites where a permanent solution to the release has been achieved. A Class A-2 RAO
denotes that although a permanent solution has been achieved, the level of contamination has not been
reduced to background levels. However, no activity or use limitations on the property are required to
maintain a level of No Significant Risk to humans or the environment, and no further response actions are
necessary.
This notification is provided in accordance with the requirements of 310 CMR 40.1403(e). The RAO
Statement and supporting documentation are on file with the MADEP Northeast Regional Office located in
Wilmington, Massachusetts. Arrangements to review or obtain a copy of the RAO and supporting
documentation may be made by contacting the MADEP at(978)661-7600. If you have questions
regarding this notification, please do not hesitate to contact the undersigned, or Eric Wood of
EnviroSense, Inc., the Licensed Site Professional of Record, at(603)437-8227.
Sincerely,
SUMMIT ENVIRONMENTAL CONSULTANTS, INC.
1
Keith R.Taylor, C.G.
Senior Hydrogeologist
0959
Cc: Northampton Board of Health
MADEP Northeast Regional Office
Reid Riner, Amerco Real Estate Company
95 MAIN STREET A AUBURN, MAINE 04210 A TEL:(207)795-6009 A FAX: (107)795-6128
ED PAUL CELLUCCI
armor
E SWIFT
tenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Douglas Dunham
Arco Real Estate Company
'1 N. Central Avenue
lenix, Az 85004
Re:
BOB DURAND
Secretary
EDWARD P. KUNCE
Acting Commissioner
March 29, 1999
Northampton, RTN 1-0809;
U-Haul Center; 227 N. King Street;
Establishment of Interim Deadline.
tr Mr. Dunham:
March 5, 1999, The Department received a letter from your consultant, Keith Taylor,
;nesting an extension of time to May 1999, for submittal of the Phase II/III,
nprehensive Response Action Reports.
9ase be advised that the Department can not extend any of the " regulatory" deadlines
t forth within the Massachusetts Contingency Plan (MCP) . The Department however, can
tablish Interim Deadlines and utilize its enforcement discretion not to proceed with
forcement actions against you while the set Interim Deadline is in effect.
the Department's view, sites that are not able to meet their regulatory deadlines will
in noncompliance and will remain so until such time when compliance is achieved. The
partment believes that " Notification" , by persons who are conducting response actions
10 CMR 40.0550 (5) or 40.0560 (5) ) , of delay in meeting a regulatory deadline, does not
nstitute an automatic extension to the applicable deadline. By notification of delay,
Le person who is conducting response action ensures compliance with 310 CMR 40.0550 (5) or
1.0560 (5) only without affecting the applicable deadline.
l addition, please note that any delayed length of time to submit any of the
,mprehensive Response Actions (Phase II through V) , as per 310 CMR 40.0550 and 40.0550,
11 not affect the deadline for the submittal of the subsequent Phase work.
ar this case, the Department, pursuant to 310 CMR 40.0167, is establishing May 31, 1999,
an Interim Deadline for you to submit the Phase II and if applicable the Phase III. The
apartment may not extend this deadline after its expiration.
E you have any questions, please contact Mr. Saadi Motamedi at 913/789-1100 ext. 229.
NG/SM10809.ID
Northampton Board of Health
Northampton Mayor/Board of Selectmen.
Site files, BWSC, WERO
Keith Taylor, Summit Environmental:
95 Main Street, Auburn, Maine 04210
Sinc�at1
Gremn
Section Chief
Site Management/Permits
Bureau of Waste Site Cleanup
This information is mailable in alternate format by calling our DADA Coordinalor at 0117)5744872_
436 Dwight Street•Springfield,Massachusetts 01103•FAX(413)784-1149•TOD(413)746-6620•Telephone(413)784-1100
CJ Printed on Recycled Paper
PAUL CELLUCCI
WIFT
ant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
September 16, 1999
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
REGISTERED MAIL- RETURN RECEIPT REQUESTED
Mr.Bryan J. Burke
Burke-Whitaker Pontiac-Cadillac-GMC Truck,Inc.
200 North King Street
Northampton,MA 01060
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
Re: Northampton
Burke-Whitaker Auto Dealership
200 North King Street
RTN 113103
Release of Petroleum Hydrocarbons
NOTICE OF RESPONSIBILITY
M.G.L.c. 21E,310 CMR 40.0000
Dear Mr. Burke:
Thank you for submitting the Release Notification Form received by the Department on September 13, 1999.
The Release Notification Form indicates that soil at the site is contaminated with petroleum hydrocarbons. In
light of this information,the Department wishes to ensure that you are aware of your rights and
responsibilities under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,
M.G.L.c.21E,and the Massachusetts Contingency Plan(MCP),310 CMR 40.0000.
The information contained in your submittal indicates that the above-referenced property has been subject to
a release of oil/ha7ardous materials in excess of the applicable reportable quantity or reportable concentration.
Based on this information,the Department has reason to believe that the property,or portions thereof, is a
disposal site which requires a response action. The cleanup of disposal sites is governed by M.G.L.c. 2IE
and the MCP.
The information contained in your submittal also indicates that you(as used in this letter"you"refers to
Burke-Whitaker Pontiac-Cadillac-GMC Truck,Inc.)are a party with potential liability for response action
costs and damages under M.G.L.c.21E,§5. The attached summary is intended to provide you with
information about liability under Chapter 2W to assist you in deciding what actions to take in response to this
notice.
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
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
436 Dwight Street•Springfield.Massachusetts 01103•FM(413)784-1149•TOD(413)746-6620•Telephone(413)784-1100
0 Printed on Recycled Paper
Bryan it Burke
ke-Whitaker Pontiac-Cadi/bcGMC Truck,Inc.
ice of Responsibility
113103
;e 2
vemed by laws which establish the time allowed for bringing litigation. The Department encourages you
take any action necessary to protect any such claims you may have against third parties.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
he Release Notification Form(RNF)indicates that on-site soil contains C19-C36 petroleum hydrocarbons at
Incentrations above the applicable reportable con Pleta oe submit to the Department,found
a summary report soil at
)ncentrati d s up to 41,000 parts per million(pp )
'hicb includes a site plan indicating the sample locations and a summary of any environmental assessment
ctivities performed at the site relative to this release within 30 da s of the date of this letter.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
Jo disposal site will be deemed to have had all the necessary and required response actions taken for it unless
and until all substantial hazards presented by the release and/or threat of release have been eliminated and a
evel of no significant risk exists or has been achieved in compliance with M.G.L.c.21E and the MCP.a
The MCP requires persons Statement prepared by a LSP upon determining that a level of no significant submit
k already exists or has been O
achieved at the disposal site.
Unless otherwise provided by the Department,responsible parties have one year from the initial date notice
of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date
the Department issues a Notice of Responsibility,whichever occurs earlier,to file with'the Department one of
the following submittals:(1)a completed Tier Classification Submittal;or(2)a RAO Statement;or(3)a
Downgradient Property Status Submittal. The one-year anniversary date for this release is September 13,
2000.
In addition,the MCP requires responsible parties and any other person undertaking response actions at a
disposal site to perform Immediate Response Actions persons response continue releases,aes,Imminent the need Hrz�inms and
dte
Conditions of Substantial Release Migration. P
Response Actions and notify the Department immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The ase Department
and threats of release of oil having
and hazardous materials. By taking prompt action,tl action in able parties response
ay to
significantly lower cleanup costs and avoid the imposition of,or reduce the amount of,certain permit and/or
annual compliance assurance fees payable under 310 CMR 4.00(e.g.,no annual compliance assurance fee is
due for RAO Statements submitted to the Department within 120 days of the initial date of release
notification).
You must employ or engage a LSP to manage,supervise or actually perform all response actions which you
intend to undertake at this disposal site. You may obtain a list of the names and addresses of LSPs by
contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at
(617)556-1145 or in person or by mail at One Winter Street,6th Floor,Boston,Massachusetts 02108.
3yan J.Burke
-Whitaker Pontiac-Cadillac-GMC Truck,Inc.
ce o/Responsibility
71-13103
3
ou have any further questions,please contact Anthony Kurpaska at the letterhead address or at(413)755-
,6. All future correspondence communications regarding the disposal site should reference the Release
eking Numbers listed in the subject block of this letter.
fxY
W:AFK
103 nor.doc
rclosure
srtified Mail No.Z456 365 703; Return Receipt Requested
Northampton
Fire Department
Board of Health
Mayor's Office
Sincere)
n Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
AUL CELLUCCI
IFT
it Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
dr. Bryan 1. Burke
3urke-Whitaker Pontiac-Cadillac-GMC Truck,Inc.
W0 North King Street
dorthamptan,MA 01060
September 22, 1999
Re: Northampton
200 North King Street
Release Tracking#1-13103
NON-WE-99-3080
NOTICE OF NONCOMPLIANCE
M.G.L.c.21E,310 CMR 40.0000
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN
SERIOUS LEGAL CONSEQUENCES
BOB DURAND
Secretary
LAUREN A.LI55
Commissioner
Dear Mr. Burke:
Department records indicate that response actions at the above-referenced site are not in compliance with one or
more laws,regulations,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.
Please contact Anthony Kurpaska at this office at if you have any questions.
Sincer
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
lh'rs lnrormurmn is mailable in alternate format bt calling our AD.\Coordinator at(417)574-6891 ]00-1 tn0
436 Dwight Street Springfield Massachusetts 01103•Printed on Recycled Paper 49TOD(413)706.6620•Telephone(413)•
Bryan J.Burke
rke-Whitaker Pontiac-Cadillac-CART Truck.Inc.
tire of Noncompliance
ge 2
%V:AFK
13103non.doc
;rtified Mail No. Z456 365 704
Northampton
Fire Department
Board of Health
Mayor's Office
Alan Weis,Cold Spring Environmental,LSP of Record
Maria Pinaud, DEP Boston
Bob Donovan, DEP Boston
B W SC WERO Enforcement File
Stephen Ellis DEP WERO(2 copies)
NOTICE OF NONCOMPLIANCE SUMMARY
NON-WE-99-3080
JTITY(IES) IN NONCOMPLIANCE
Irke-Whitaker Pontiac-Cadillac-GMC Truck, Inc.
10 North King Street
orthampton, MA 01060
OCATION OF NONCOMPLIANCE
00 North King Street
!orthampton, MA
)ATE OF NONCOMPLIANCE
>eptember 7, 1999
)ESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH
Pursuant to 310 CMR 40.0315 of the Massachusetts Contingency Plan(the MCP)requires potentially
responsible parties(PRPs)to notify the Department of a release to the environment as indicated by the
measurement of oil/hazardous materials exceeding reportable concentrations within 120 days of the
PRP's knowledge of the release. The Release Notification Form received by the Department on
September 13, 1999 indicates that Burke-Whitaker Pontiac-Cadillac-GMC Truck, Inc. obtained
knowledge of the release on May 10, 1999,which requires the company to report to the Department by
September 7, 1999 (120 days after May 10, 1999).
DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE
Failure to provide timely notification to the Department of a release requiring notification within 120
days of gaining knowledge of the release in accordance with 310 CMR 40.0315 of the MCP.
DESCRIPTION AND DEADLINE(S)OF ACTION(S)TO BE TAKEN
The Department has received a completed release notification form on September 13, 1999; no additional
action is required.
DATE: September 22, 1999
Department of
Environme
By:
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
rust 31 , 2000
ar Board of Health or Selectman Member
Notice of Initial Site Investigation &
Tier II Classification
200 North King Street
Northampton, Massachusetts 01060
DEP Release Tracking #1-13103
rsuant to the Massachusetts Contingency Plan (310 CMR 40 . 0480) ,
Initial Site Investigation has been performed at the above
ferenced location. A release of Oil and/or hazardous materials
s occurred at this location which
s isea hdisposalc sitei (defined
M.G. L. c. 21E, Section 2) .
:ER II, pursuant to 310 CMR 40. 0500 . The response actions at
its site will be conducted by Burke-Whitaker Cadillac, Pontiac,
GMC Truck, Inc, 200 North King Street, Northampton, MA. who has
nployed Cold Spring Environmental Consultants, Inc. of
flchertown, Alan E. Weiss, LSP Lic. #6442, to manage response
_tions in accordance with the Massachusetts Contingency Plan
310 CMR 40 . 000) .
.G.L. c. 21E and the Massachusetts Contingency Plan provide
dditional opportunities for public notice of and involvement in
ecisions regarding response actions at disposal sites : 1) The
hief Municipal Official and Board of Health of the community in
hich the site is located will be notified of major milestones
nd events, pursuant to 310 CMR 40 . 1403; and 2) Upon receipt of a
etition from ten or more residents of the municipality in which
he disposal site is located, or of a municipality potentially
in
ffected by a disposal site, a plan for involving the public ined
ecisions regarding response actions at the site will be prep
nd implemented, pursuant to 310 CMR 40. 1405 .
'o obtain more information on this disposal site and the
>pportunities for public involvement during its remediation,
>lease contact Alan E. Weiss, LSP, Cold Spring Environmental,
:nc. at 350 Old Enfield Road Belchertown, Ma. 01007 at 413-323-
5957 .
(DO NOT PRINT BELOW LINE)
LSP Note: This document was sent to the PRP and DEP concurrent with the Phase
I Report for PRP's placement in the local paper and August 15,theH Hoard of copied to
Health and Chief Municipal Officer of �- uU
FORMAL NOTIFICATION OF RESPONSE ACTIONS SUMMARY
08/31/2000
3NT: Burke Whitaker Cadillac, Pontiac, GMC Inc.
. 200 North King Street
ress : Northampton, MA 01060
r Sirs/Madam DEP RTN4 1-13103
part of the Public Involvement regulations pursuant to M. C.T .
21e and 310 CMR 40 . 1400, this notice serves to notify your
munity of the initiation and occurrence of the following
ponse actions/measures at the abovementioned site:
3A (Immediate Response Action) Implementation, STATUS Report,
ipletion Report Purpose/Scope :
iplementation Plan w/in 3 days)
AM (Release Abatement Measure PLAN)
:pose/Scope: Removal of impacted soil, Groundwater
(7 days prior to implementing)
(duration:
Tier Classification of site: Tier 1A, 1E, 10, Tier II
egal Notice Required within 7 days and 3 days after BOH & CMO)
III, IV, Report available
h. III & IV require Env. Monit. Notice w/in 7 days of filing)
Activity Use Limitation (AUL) (Legal notice & Bldg. /Zoning
t . )
Response Action Outcome: Class A, B, C; 1, 2 , 3
Tier I Permit/Major Permit Mod. : (Legal Notice w/in 7 days)
LSP Opinion :
other
see: (Level A-C Work,private well and indoor air) =3 day prior
st. ) (all above require BCH or Chief . Munic. Off. unless noted) .
incerely,
old Spring Environmental Consultants, Inc. , Belchertown, MA.
(413) 323-5957
Tan E. Weiss, Licensed Site Professional # 6442
President, Principal Hydrogeologist
NOTICE OF INITIAL SITE INVESTIGATION AND
TIER II CLASSIFICATION
ION AND
NORTHAMPTON STATE POLICE BARRACKS
555 NORTH KING STREET
NORTHAMPTON,S1-0973
MASSACHUSETTS E NUMBER
Pursuant to the Massachusetts Contingency Plan (MCP) (310 CMR 40.0480), an
Initial Site Investigation has been performed at the above referenced location. A
release of oil and/or hazardous materials has occurred at this location which is a
disposal site (as defined by M.G.L. c. 21E, Section 2). This site has been classified
as a Tier II, pursuant to 310 CMR 40.0500. Response actions at this site will be
conducted by the Massachusetts Department of State Police, who has employed
Craig E. Blake, of Tyree Organization, Ltd. to manage response actions in
accordance with the MCP (310 CMR 40.000).
M.G.L. c. 21E and the MCP provide additional opportunities for public notice of
and involvement in decisions regarding response actions at disposal sites: 1) The
Mayor and Board of Health of Northampton will be notified of major milestones
and events, pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from
ten or more Northampton residents, or of a municipality potentially affected by a
disposal
t s response actions
site will be prepared and implemented, pursuant to 310 CMR 401405
ate
To obtain more information on this disposal site and the opportunities for public
involvement during its remediation, pl a9 ccontact ct rai E. Blake Massachusetts icensed Sie
Professional, Tyree Organization,
01581, at 508-871-8300 x 261.
The Tyree Organization, Ltd.
New England
9 Otis Street, Westborough, MA 01581 • Fax: 508-871-8301 • Phone 508-871-8300
wember 2, 1998
he Honorable Mary L. Ford
tayor of Northampton
dorthampton City Hall
,10 Main Street
dorthampton, Massachusetts 01060
Re: Notice of Pending Implementation of Release Abatement Measure
Northampton State Police Barracks
555 North King Street
Northampton, Massachusetts
MADEP RTN 1-0973
Dear Mayor.
Pursuant to 310 CMR 40.1403, Tyree Organization, Ltd., on behalf of the Massachusetts
Department of State Police, is providing notification that a Release Abatement Measure (RAM) is
proposed for the above referenced site. The purpose of the RAM
i t gasoline a underground
of
M is to excavate and dispose o
any impacted soil encountered during the removal of the 10,000-gallon storage tank (UST) at the referenced site. It is estimated that a maximum of 200 cubic yards of
work is scheduled to be completed within 21 days of receipt of DEP approval of the RAM Plan.
impacted soil will be excavated and transported to an off-site soil recycling facility. The proposed
If you have any questions or concerns regarding this matter, please do not hesitate to contact me
at 508-871-8300 x 261.-
Sincerely, LTD.
TYREE ORGANIZATION,
Craig E. ake
cc: Sgt. Kevin Flaherty, MSP
/Peter McErlain, Northampton Boarrd ff HHealth Agent
em�ureau Waste Site Cleanup, DEP
The
Tyree
Organization
AUL CELLUCCI
1FT
at Governor
(setts State Police
;ester Road
tam,MA 01702
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
l:Lieutenant Kevin Flaherty
July 20, 2000
Re: Northampton
555 North King Street
RTN#I-13490
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40.0000
BOB DURAND
Secretary
LAUREN A LISS
Commissioner
eutenant Flaherty:
le 13,2000,at 3:00 P.M.,Phil Marshall of Tyree Organization notified the Department on your behalf of an
trations of condition 6 pats at the above-referenced(pp )of chromium Tyree
top six inches of soil within exhibited
of a residence. In
ntoora notification,tiiatio ,31million 40. )
ted to the Department3witiin 60 calendar aysrof requires
the oral notification.
Notification Form(attached)be
apartment has reason to believe that the release/threat of release you have reported is or may be a disposal site as
d in the Massachusetts Contingency Plan, 310 CMR 40.0000(the"MCP").The Department also has reason to believe
m(as used in this letter`you"refers to Massachusetts State Police)are a potentially responsible party(PRP with
y under Section 5A of M.G.L.c.21E). This liability is"strict",meaning that it is not based on fault,but solely on your
as owner,operator,generator,transporter,disposer or other person specified in said Section 5A. This liability is also
and several",meaning that you are liable for all response costs incurred at a disposal site even if there are other liable
s.
)apartment encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil
r hazardous materials. By taking the necessary response actions,you may significantly lower your assessment and
up costs and/or avoid liability for costs incurred by the Department in taking such actions.
may also avoid or reduce certain permit or annual compliance fees payable under 3l0 CMR 4.00.Please refer to M.G.L.
E for a complete description of potential liability.For your convenience, a summary of liability under M.G.L. c.21E is
hed.
This information is available in alternate format by calling our ADA Coordinator at(617)514-6871.
436 Dwight Street•Springfield.Massachusetts 01103•FAX ou 3))784-1149
•49 TDO(413)746-6620•Telephone(413)784-1100•
0
ninded that you were advised by the Department that the following response actions were approved as an
Response Action(IRA):
onsists of assessment activities at this time.
,proval is required from the Department for the implementation of all IRAs with the exception of assessment
he construction of a fence and/or posting of signs.Additional submittals are necessary with regard to this
n including,but not limited to the filing of an IRA Completion Statement and/or Response Action Outcome(RAO)
The MCP requires that a fee of$750.00 be submitted to the Department when an RAO statement is filed greater
lays from the date of initial notification.
tant to note that you must dispose of any Remediation Waste generated at the subject location in accordance with
40.0030 including,without limitation,contaminated soil and/or debris. Any Bill of Lading accompanying such
.t bear the seal and signature of a Licensed Site Professional(LSP).You may contact the LSP Board of Registration
5-1145 to obtain the current LSP list.Anthony Andronico of Tyree Organization is the LSP-of-Record for this
✓e any questions relative to this notice,you should contact John S.Bourcier at the letterhead address or(413)755-
1 future communications regarding this release must reference the Release Tracking Number(RTN)contained in
:t block of this letter.
(/nfr4
1y yours,
aavid A. Slowick
Section Chief
Emergency Response
O.doc
d Mail M 7000 0600 0026 1473 0253
Northampton
Fire Department
Health Department
Mayor's Office
Phil Marshall-Tyree Organization
ments: Release Notification Form;BWSC-003 and Instructions
Summary of Liability under M.G.L.c.21E
'AUL CELLUCC1
ALT
nt Governor
..setts State Police
cester Road
tam,MA 01702
COMMONWEALTH OF MASSACHUSEI 1 S
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
r Lieutenant Kevin Flaherty
October 31, 2000
Re: Northampton
555 North King Street
RTN#1-13661
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40.0000
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
ieutenant Flaherty:
:tober 24,2000,at 11:40 A.M.,Phil Marshall of Tyree Organization notified the Department on your behalf of a
lble release of gasoline at the above-referenced site. 3 A representative CMRa of Tyree
further ied t int a camp lad Release asoline
nches of weathered 3nitoring well on-site. In addition to oral notification,
ration Form(attached)be submitted to the Department within 60 calendar days of the date of the oral notification.
Department has reason to believe that the release/threat of release you have reported is or may be a disposal site as
d in the Massachusetts Contingency Plan,310 CMR 40.0000(the"MCP").The Department also has reason to believe
>u(as used in this letter"you"refers to Massachusetts State Police)are a potentially responsible party
(PRP with
ty under Section 5A of M.G.L.c.21E). This liability is"strict",meaning that it is not based on fault,but solely on your
as owner, l",meaning generator,
that you artransporter,able for all other
incurred at specified d in said spo alSsiteleven if there are other liable
and several", Y
you
Department encourages PRPs to take prompt and appropriate actions in may significantly releases
lower and
threats of mene and of oil
Ir hazardous materials.By taking the necessary response actions,you Y gn
iup costs and/or avoid liability for costs incurred by the Department in taking such actions.
may also avoid or reduce t I compliance a summary li O Please c.21E L.
E for a complete desription of potential liability.For your convenience, of li b ty der M.G.refer. i
:hed.
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
436 Dwight Street•Springfield.Massachusetts 01103•FAX
Printed o 41 3784-11 784-1149•TDO(413)746-6620•Telephone(413)7B4-1100
ninded that you were advised by the Department that the following response actions were approved as an
Response Action(IRA):
onsists of bailing and disposal of the separate phase product from the monitoring wells. It is understood
to gauging of the monitoring wells will also be performed.
)proval is required from the Department for the implementation of all IRAs with the exception of assessment
:he construction of a fence and/or posting of signs.Additional submittals are necessary with regard to this
The including,
CP requires sthattaefee of$750.00 be submitted Completion
Department atwhen an
RAO statement is filed filed greater
lays from the date of initial notification.
Cant to note that you must dispose of any Remediation Waste generated at the subject location in accordance with
40.0030 including,without limitation,contaminated soil and/or debris. Any Bill of Lading accompanying such
1 bear the seal and signature of a Licensed Site Professional(LSP).You may contact the LSP Board of Registration
5-1145 to obtain the current LSP list.Anthony Andronico of Tyree Organization is the LSP-of-Record for this
,e any questions relative to this notice,you should contact John S.Bonnier at the letterhead address or(413)755-
1 future communications regarding this release must reference the Release Tracking Number(RTN)contained in the
lock of this letter.
truly yours,
1.doc
Mail d 7000 0600 0026 1473 0017
Northampton
Fire Department
Health Department
Mayor's Office
Phil Marshall-Tyree Organization
David A.Shan'�
Section Chief
Emergency Response
ments: Release Notification Form;BWSC-003 and Instructions
Summary of Liability under M.G.L.c.21E
The Tyree Organization, Ltd.
New England
9 Otis Street, Westborough, MA 01581 • Fax: 508-871-8301 • Phone: 508-871-8300
May 1, 2001
Board of Selectmen
Northampton City Hall
210 Main Street
Northampton, MA 01060
RE: Phase 11 Comprehensive Site Assessment
Massachusetts State Police
555 North King Street
Northampton, MA 01060
DEP RTN: 1-0973, 1-13490 & 1-13661
To Whom It May Concern:
On behalf of the Massachusetts Department of State Police,the Tyree Organization, Ltd. is
providing notification, pursuant to the Massachusetts Contingency Plan (MCP) 310 CMR
40.1403, of submission of a Phase II Comprehensive Site Assessment to the Massachusetts
Department of Environmental Protection (DEP) for the above-referenced location. A copy
of the Phase II Report is available at the DEP Western Regional Office located at 436
Dwight Street in Springfield,Massachusetts. Any additional public notification required by
the MCP will be forwarded to your office.
Should you have any questions regarding this submittal, please do not hesitate to contact
me at(508) 871-8300.
Sincerely,
The Tyree Organization,Ltd.
Hud Quistor
Project Manager
cc: Lt. Kevin P. Flaherty,Massachusetts State Police
Northampton Board of Health
Massachusetts DEP—Western Region
Member
The
Tyree
Organization
Environmental5afetyrieaitnueotectitltcaI
Talbot & Okun 4-0—s
[ A S S O C I A T E S ]
November 12, 2001
File No. 956-01-01
Peter McErlain,Director
Board of Health
City Hall
210 Main Street
Northampton,MA 01060
Re: Burke Whitaker Cadilac, Pontiac, GMCTruck,Inc. MCP Site
200 North King Street
Northampton,MA
DEP Release tracking No. 1-13103
293 End?Street
Suite 500
Spr ngneid, MA 01103
iu 413 788 6222
Fax 413 788 8830
mail o14e:v;0:u envcom
Dear :
This letter is submitted to you on behalf of the Burke Whitaker Cadilac, Pontiac, GMC
Truck, Inc., to notify you of the implementation of a Release Abatement Measure Plan,
which has been submitted to DEP, with respect to the above referenced property. This
document is available at DEP's Western Regional Office located at 436 Dwight Street in
Springfield under release tracking No 1-13103. The DEP office is open to the public for
review and copying of files on Wednesdays, by appointment, during normal working
hours.
If you have any
Very
O'Reilly,
n this matter please call me at 413-788-6222.
n Associates, Inc.
amen D. Okun, SP
rincipal
MADEP,Western Regional Office
The 'Tyree Org a and ation, Ltd.
New 1 Otis Street, Westborough, MA 01581 • Fax: 508-871-8301 • Phone: 508-871-8300
November 7, 2001
Board of Selectmen
Northampton City Hall
210 Main Street
Northampton, MA 01060
RE: Phase IV Remedy Implementation Plan
Massachusetts State Police
555 North King Street
Northampton,MA 01060
DEP RTN: 1-0973, 1-13490 & 1-13661
To Whom It May Concem:
On behalf of the Massachusetts State Police, the Tyree Organization, Ltd. is providing
notification,pursuant to the Massachusetts Contingency Plan(MCP) 310 MR 40.1403, of
submission of a Phase IV Remedy Implementation Plan (RIP)
Department of Environmental Protection (DEP) for the above-referenced location. A copy
of the Phase IV RIP is available at the DEP Western Regional Office located at 436
Dwight Street in Springfield, Massachusetts. Any additional public notification required by
the MCP will be forwarded to your office.
Should you have any questions regarding this submittal, please do not hesitate to contact
me at(508) 871-8300.
Sincerely,
The Tyree Organization,Ltd.
Hud Quistorff
Project Manager
cc: Lt. Kevin P. Flaherty,Massachusetts State Police
Northampton Board of Health
Massachusetts DEP—Western Region
Member
I- 1The
Tyree
Organization
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
iNT LEGAL MATTER
.IFIED MAIL
JRN RECEIPT REQUESTED
Ichusetts Highway Department
.orth King Street
ampton,MA 01060-0000
Douglas J. Spink
District 2 Hazardous Material Coordinator
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
December 21, 2001
RE: Northampton RTN#1-11151
Mount Tom Road,Facility#20
Massachusetts Highway Department
TIER II EXTENSION APPROVAL AND ESTABLISHMENT OF INTERIM DEADLINE
r Mr.Spink:
November 1, 2001, the Department received a letter prepared on your behalf by Fuss & O'Neill, Inc.
testing a Tier 11 extension of time from November 26,2001 to November 26,2002.
Department hereby grants the requested extension and pursuant to 310 CMR 40.0167, is establishing
following Interim Deadlines:
1) Submit the Phase IV—Remedy Implementation Plan by March 29,2002
2) Submit Phase IV - As-Built Construction Report and Phase IV —Final Inspection Report by
September 30,2002.
this Deadline for submittal of the above reports is not met the Department may initiate enforcement
r.tions for failure to comply with Interim Deadlines.
This Information is available in alternate format by calling our ADA Coordinator at(617)574-6812.
436 Dwight Street•Springfield,Massachusetts 01103 o
3•FM n 3)Recycled-1140 Paper• 0D(43)746-6620•Telephone(413)784-1100
Cot Printed
rthampton, 1-11151
arly of overriding importance in this matter is continued progress in the clean up at this site. The
iartment recognizes that sometimes delays in response-actions can be unavoidable. The Department
Ireciates and thanks you for your continued efforts in the clean up at this site.
you have any questions,please contact Michael Scherer at 413/755-2278 or Baffour Kyei at 413 755-2158.
Singly;
Richard M.
Section Chie
Site Management/Permits
Bureau of Waste Site Cleanup
Certified Mail#:7000 0600 0026 8857 5644
11151.id BK
Herbert E.Woike,LSP,Fuss&O'Neill,Inc.,78 Interstate Drive,West Springfield,MA 01089
Site files,BWSC,WERO
Northampton Board of Health
Northampton CMO
EnvironmentalSafetvriealtnu,eoteCI11h1t-a1
293 Bdge5hre[
Talbot & Okun 4-0—
[ A S S O C I A T E S ] 1 S.ne500 Spri none i8.MA 31i 03
'e 413-/88 6222
Fax 413 788 8830
mail o15ce'Edom-env.nom.
January 22, 2002
File No. 956-01-01
Peter J. McErlain,Director
Board of Health
210 Main Street
Northampton,Massachusetts 01060
Re: Notice Of Response Action Outcome Statement
200 North King Street
Northampton, Massachusetts
Dear Mr.McErlain:
This letter is submitted on behalf of Burke Whitaker Cadilac, Pontiac, GMC Truck, Inc.
to notify you of the filing of a Class A-2 Response Action Outcome Statement for a
motor oil release at 200 North King Street. Burke Whitaker had previously notified DEP
e
of the release and has now completed the cleanup activity. Most of the oil low remaly soil at site
was recently removed during a Release Abatement Measure (RAM)
concentrations of oil in soil are below DEP's cleanup standards. It was the conclusion of
our final report that a condition No Significant Risk has been achieved and that no
further response actions are warranted.
Copies of the referenced report are available at DEP's Western Regional office located at
436 open Dwight
o the public for review and copying release
of files on tracking ednesdays during normal working
hours.
If you have any questions in this matter, please feel free to call me.
Very T
O'Reilly,
es D. Okun
rincipal
MADEP
ssociates, Inc.
IFT
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Llassachusetts Highway Department
10 Park Plaza
Boston,MA 02116
Attention:Thomas Broderick
Dear Mr. Brodrick:
January 22, 2002
RE: Northampton
811 North King Street
Release 111-14260
RELEASE NOTIFICATION AND
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and 310 CMR 40.0000
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
On January 3, 2002 at 8:15 AM, Doug Spink of the Massachusetts Highway Department provided oral
notification to the Department of a release of greater than 10 gallons of hydraulic oil at the above-referenced
location. In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release
Notification Form 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 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 the Massachusetts Highway
Department) are a potentially responsible party(PRP) with liability under Section 5(a) 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 5(a).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.
This information is available in alternate formal by calling cur ADA Coordinator at(617)916872.
436 Dwight Street•Springfield,Massachusetts 01103•FAX(413)784letl 49 Paper TDD(413)146-6620•Telephone(413)784-1100•0 Printed on
DTICE OF RESPONSIBILITY
Page 2
Iassachusetts Highway Department
:TN#1-14260
(ou should be aware that you may have claims against third parties for damages, including claims for
:ontribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are
;ovemed by laws which establish the time allowed for bringing litigation.The Department encourages you
o 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. Install control measures to prevent off-site oil migration,if needed;
2. Remediate the hydraulic oil spill to the impacted roadway,parking lot and grassy area;
3. Perform confirmatory sampling, as need, to determine if further remedial action is
necessary;and
4. Dispose of the all contaminated soil,absorbents and sand from this release at a Department-
approved disposal/recycling 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.
DTICE OF RESPONSIBILITY
Page 3
rassachusetts Highway Department
TN#1-14260
t is important to note that you must dispose of any Remediatiol Waste generated at the subject location in
,ccordance with 310 CMR 40.0030 including,without limitation,contaminated soil and/or debris. Any Bill
f Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional(LSP).
sou may contact the LSP Board of Registration at 617/556-1145 to obtain the current LSP list. The
Department has recorded that Tighe&Bond will provide LSP services for this release.
If you have any questions relative to this notice,you should contact Robert Terenzi at the letterhead address
or(413)784-1100 ext.2245. 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#7001 0360 0001 4307 1339
RPT/rpt
RNF 14260.02
copy: Northampton
Mayor's Office
Board of Health
Fire Department
Mass.Highway Department—Doug Spink
Tighe&Bond -Evan Johnson
Attachments: Release Notification Form;BWSC-003 and Instructions
Summary of Liability under M.G.L.c.21 E
Lt. Kevin Flaherty
Massachusetts State Police
Approval of IRA
RTN 1-0973
Page 2
condition;an IRA Status Report is due within 120 days after notification and every six months thereaft
until completion of the IRA.
If you have any questions regarding this matter,you should contact Anthony Kurpaska at the above
letterhead address or by telephone at 413-755-2236.
Since -ly, •
0yid �c
A. Slo
Section Chief
Emergency Response
DAS:AFK:afk
P:973ira
cc: Northampton
Fire Department
Board of Health
Mayor's Office
Matthew Lyne, The Tyree Organization Ltd.
Anthony Andronico, LSP of Record
Richard Larson, DEP WERO
Richard Green,DEP WERO
Release Tracking Files 1-13490, 1-13661
Attachments to addressee only:
Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L. c.21E
dNEY
EALEY
d Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
J.Kevin P.Flaherty
vassachusetts State Police
470 Worcester Road
Framingham,MA 01702
ELLEN ROY HERZFELDER
Secretary
LAUREN A.LISS
Commissioner
January 17, 2003
Re: Northampton
State Police Barracks
555 North King Street
Release Tracking# 1-0973
Approval of Immediate Response Action
Dear Lt.Flaherty:
On January 16,2003,at 9:30 A.M.,Matthew Lyne of the consulting firm The Tyree Organization, Ltd.,
notified the Department of Environmental Protection(the Department)on behalf of the Massachusetts
State Police of the presence of gasoline contaminants in a surface water sample collected at the subject
location(the site)from the nearby stream. The release was reported as a condition of Substantial Release
Migration(SRM). As also reported,possible sources of the gasoline contamination are gasoline-
contaminated groundwater at the site discharging to the stream or discharges from the on-site catch
basins and surface water drainage system. The Department was previously notified of a release of
gasoline associated with gasoline underground storage tanks(USTs)formerly located at the site in May
1992 and on October 24,2000 and has notified the Massachusetts State Police of its liability for response
actions at the site by Notice of Responsibility letters dated May 6, 1992 and October 31,2000. At the
time of those notifications,the Department assigned the release tracking numbers(RTNs) 1-0973 and 1-
13661 for the gasoline contamination at the site. During assessment activities chromium contaminated
soil was found at the site and the Department also assigned the RTN 1-13490 for chromium and metal
contamination at the site. A Condition of SRM constitutes a new condition requiring notification to the
Department within 72-hours(a 72-hour condition)and completion of an Immediate Response Action
(IRA) in accordance with 310 CMR 40.0412 of the Massachusetts Contingency Plan(the "MCP").
As discussed with Matthew Lyne of the Tyree Organization,Lt .,ton ohe Department nt approved g ue wing
response actions as Immediate Response Actions(IRA): P d
adjacent to and downstream of the site on a quarterly basis for the next year(samples will be analyzed for
a minimum of volatile petroleum hydrocarbons);and,an evaluation of the catch basins/storm drain
system at the site.
Pursuant to 310 CMR 40.0420 and 40.0425,an IRA Plan or IRA Completion Statement shall be
submitted to the Department within 60 days of the date the Department receives notification of a 72-hour
This information is available in alternate format Cell Aprel MtCahe,ADA Coordinator
1.617p�l171 I-800-2984207.TDD Service-1-800-29S .
DEP on me World Wide Web': bled Paper
Printed onRq
e
The Tyree Organization, Ltd.
New angtanrl
9 Otis Street. Westborough, MA 01581 • Fax: 508-871-8301 • Plumy': S08-871-8
CERTIFIED MAIL NO.: 7002 1000 0005 4431 4902
January 21,2003
Board of Selectmen
210 Main Street
Northampton,MA 01060
RE: Phase IV Final Inspection Report
And Completion Statement
Massachusetts State Police
555 North King Street
Northampton,MA 01060
DEP RTtis: 1-973, 1-13490 & 1-13661
To Whom It May Concern:
On behalf of the Massachusetts State Police, the Tyree Organization, Ltd. is providing
notification,pursuant to the Massachusetts Contingency Plan(MCP) 310 CMR 40.1403, of
submission of a Phase IV Final Inspection Report and Completion Statement to the
Massachusetts Department of Environmental Protection (DEP) for the above-referenced
location. A copy of this report is available at the DEP Office at 436 Dwight Street,
Springfield, Massachusetts. Any additional public notification required by the MCP will be
forwarded to your office.
Should you have any questions regarding this project, please feel free to contact me at
(508) 871-8300.
Sincerely,
Tyree Organization,Ltd.
ij
Matthew J. Lyne
Project Manager
cc: Lt. Kevin P.Flaherty, Massachusetts State Police
Board of Health,Certified Mail No.: 7002 1000 0005 4431 4889
Massachusetts Department of Environmental Protection
Member
The
Tyree
Organization
Mr.Don T Lia.LLC
.Notice of Responsibility
RTN 1-16091
Page 2
The information contained in your submittal also indicates that you(as used in this letter"you"refers to Dc
T. Lia, LLC) are a party with potential liability for response action costs and damages under M.G.L. c. 211
Section 5(a). The attached summary is intended to provide you with information about liability undo
Chapter 21E to assist you in deciding what actions to take in response to this notice.
You should be aware that you may have claims against third parties for damages, including claims fc
contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but ar
govemed by laws which establish the time allowed for bringing litigation. The Department encourages yoi
to take any action necessary to protect any such claims you may have against third parties.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
On February 22, 2006, the Department received a Release Notification Form (RNF) indicating that soil on.
site is contaminated with PCBs, Lead, and Indeno(J,2,3-cd)pyrene at levels exceeding the applicable RCS-I
reportable concentrations. No other supporting information was submitted with the RNF. Please submit tc
the Department a report summarizing the sampling and environmental assessment activities completed at the
site within 30 days of the date of this letter.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary and required response actions taken for it
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of no significant risk exists or has been achieved in compliance with M.G.L. c. 21E and the
MCP.
The MCP requires persons undertaking response actions at a disposal site to submit to the Department a
Response Action Outcome Statement prepared by a Licensed Site Professional upon determining that a level
of no significant risk already exists or has been achieved at the disposal site.
Unless otherwise provided by the Department, responsible parties have one year from the initial date notice
of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the
date the Department issues a Notice of Responsibility,whichever occurs earlier, to file with the Department
one of the following submittals: (1) a completed Tier Classification Submittal; or (2) a Response Action
Outcome Statement;or(3)a Downgradient Property Status Submittal. If required by the MCP, a completed
Tier I Permit Application must also accompany a Tier Classification Submittal. The deadline for these
submittals for this disposal site is February 22,2007.
In addition, the MCP requires responsible parties and any other person undertaking response actions at a
disposal site to perform Immediate Response Actions in response to sudden releases,Imminent Hazards and
Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for
Immediate Response Actions and notify the Department immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L. c. 21E to take prompt action in response
to releases and lower cleanup costs and avoid the imposition of, or reduce the amount of, certain permit
and/or annual compliance assurance fees payable under 310 CMR 4.00 (e.g., no annual compliance
assurance fee is due for Response Action Outcome Statements submitted to the Department within 120 days
of the initial date of release notification).
■EY
ALEY
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100•FAX(413)784-1149
STEPHEN R.PRITCHARD
Secretary
February 24, 2006
GENT LEGAL MATTER: PROMPT ACTION NECESSARY
FiRTIFIED MAIL
harles Robertson
on T.Lia,LLC
7 Cedar St
iew Rochelle,NY 10801-5212
ROBERT W.GOLLEDGE,Jr.
Commissioner
Re: Northampton
171-187 King Street
RTN 1-16091
Release of Hazardous Material(s)
NOTICE OF RESPONSIBILITY
M.G.L.c.21E 310 CMR 40.0000
Dear Mr. Robertson:
Thank you for submitting the Release Notification Fonrr(RNF) received by the Department on February 22,
2006. The RNF indicates Bs)) andllndeno(1,2,3jcd)pyrenelocation
In light of this information,contaminated
the Department
wishs n e that yo (PCBs),
wishes to ensure that you are aware of your rights and responsibilities under the Massachusetts Oil and
Hazardous Material CRPele31e Prevention nti00a.and Response Act, M.G.L. c. 21E, and the Massachusetts
Contingency Plan(M ),
The information contained in your submittal indicates that the above-referenced property has been subject to
a release of concentration.hazardous
Based n this einformation,lthe Department has epason to believe that the property,or portions
thereof, is a disposal site which requires a response action. The cleanup of disposal sites is govemed by
M.G.L.c. 21E and the MCP.
This information is available in alternate format Call Donald M.Comes,ADA Coordinator at 617-556-1057.TDD Service.1-800-298-2207.
DEP on the World Wide Web: httplaWaw_mass gov/dep
Printed on Recycled Paper
)on T Lia.LLC
e of Responsibility
1-16091
A must employ or engage a Licensed Site Professional to manage, supervise or actually perform all
)onse actions which you intend to undertake at this disposal site. You may obtain a list of the names and
nesses of Licensed lamp Professionals byeteleph telephone at (617) 556-1091tor iinnperson or Registration
y mail at OnHazardous nter Street, 6th
nor,Boston,Massachusetts 02108.
you have any questions relative to this notice, you should contact Derrick Bruce at (413) 755-2125. All
um communications regarding this release must reference the Release Tracking Number(MN) contained
the subject block of this letter.
Sincerely,
Ann• G. ingto
Deputy Regional Director
Bureau of Waste Site Cleanup
tGS:DAB
6091nor.doc
enclosures
Certified Mail No.7004 0550 0000 4694 1751
cc: Northampton
Mayor's Office
Health Dept.
Northampton City Hall
Mayor's Office
210 Main Street
Northampton, MA 01060
MIDSTATE OFFICE PARK
27 MIDSTATE DRIVE. SUITE 218
AUBURN, MA 01501
508-832-6022
FAX: 508-832-4603
September 18,2006 WWW.ECSCONSULT.COM
File No. 03-205191.00
Re: Notice of Document Availability
Phase 11 Comprehensive Site Assessment
(Revised) and
Phase III Remedial Action Plan(Revised)
Massachusetts State Police
555 North King Street
Northampton,Massachusetts
RTN 1-0973
To whom it may concern:
This letter is to inform tat the Chief
Massachusetts Police Northampton,lsubmit a accordance
Reviised Phase II
CMR ehensive )( ),
Comprehensive Site Assessment and a Revised Phase III Remedial Action Plan to the
Massachusetts Department of Environmental Protection (MADEP) for the above-referenced
property. Interested parties may contact MADEP at 436 Dwight Street. Springfield, MA 01103
for more information.
Sincerely,
EA'VIRONME P.L COMPLIANCE SERVICES,Inc.
Matthew J. Lyne,P.E.
Sr. Project Manager
Christopher Johnson
Geologist II
cc: Northampton City Hall,Health Department,210 Main Street,Northampton, MA 01060
Massachusetts DEP,Western Regional Office-436 Dwight Streeet,Springfield,gfield, MA 01103
Gerald Densmore-MSP-470 Worcester Road,Framingham,
ECS Auburn—General File
F:i Data\ProjeCtS\M2005\MSP0]2 05191-Northampton\ReponsiPhase II CSA\PUbLiC Notification to towndoCWAKEFIELD. MA
1DDAM, CT TAMPA, FL
AGAWAM, MA AUBURN, MA BOW. NH
.UMBUS, OH MARION, NY BRATTLEBORO. VT RICHMOND. VT
Northampton City Hall
Mayor's Office
210 Main Street
Northampton,MA 01060
MIDSTATE OFFICE PARK
27 MIDSTATE DRIVE, SUITE 218
AUBURN, MA 01501
508-832-6022
FAX: 508-832-4603
WWW.ECSCONSULT.COM
November 7,2006
File No. 03-205191.00
Re: Notice of Document Availability
Phase IV Remedy Implementation Plan
(Revised)
Massachusetts State Police
555 North King Street
Northampton,Massachusetts
RTN 1-0973
To whom it may concern:
This letter is to inform the Chief Municipal Officer of Northampton, in accordance with 310
CMR 40.1403(3)(a), that the Massachusetts State Police will submit a Revised Phase IV Remedy
Implementation Plan to the Massachusetts Department of Environmental Protection (MADEP)
for the above-referenced property. The Phase IV Plan includes a design for the remediation of
impacted soil and groundwater at this facility by Enhanced Fluid Recovery and In-Situ Chemical
Oxidation injections. It is expected that the EFR events will be initiated in November 2006 and
injection wells will be installed this winter. It is expected that the injection events will commence
in the Spring 2007. Additionally, during the chemical mixing portion of the injection event, it is
expected that the on-site technicians will wear respirators to protect themselves from potential
fumes. Interested parties may contact ECS at the letterhead above to obtain a copy of this
document.
Sincerely,
ENVIRONMENAL COMPLIANCE SERVICES,Inc.
ilr+4 0, i
Matthew J. Lyne, P.E.
Sr. Project Manager
cc: Northampton
assachuusetts DEP,Western Regional Office-436 Dwight Streett,tSpringfield,MA 01103
Gerald Densmore-MSP-470 Worcester Road,Framingham,MA 01702
ECS Auburn—General File
>DDAM, CT
.UMBUS, OH
Projects\12005 MSP10320s 191 VoPbantp105 acpons\Phase lv RIP\PUblie NOtIFICalliffl to toa'1
AGAWAM, WAKEFIELD, MA
AGA , MA AUBURN, MA
TAMPA, FL VT RICHMOND, VT Bow, NH
MARION. NY BRATTLEBORO,
rthampton, 1-00973
Tier 77 Extension Approval
e Tier II Extension is approved and will expire on November 3,2007. In accordance with
0 CMR 40.0560(7),if a Response Action Outcome Statement or Remedy Operation Status is
t submitted to the Department prior to the expiration of the Tier II Classification you are
Iuired to submit a Tier II Extension Submittal at least 45 days before the date of expiration of
a Tier II Classification.
re Department also establishes an Interim Deadline of September 21,2007, for submittal of a
lase P1 Status Report.
this Deadline is not met the Department may initiate enforcement actions for failure to comply
ith Regulatory Deadlines.
he Department reminds you that except as expressly noted in this letter,the requirements of the
005,and as modified on March 29,2006,O and July 11,which became ain in effect and subject November 23,
:nforcement by the Department.
:dearly of overriding importance in this matter is continued progress in the clean up at this site.
she Department recognizes that sometimes delays in response actions can be unavoidable. The
Department appreciates and thanks you for your continued efforts in the clean up at this site.
If you have any questions,please contact Michael Scherer at 413 755-2278 or Baffour Kyei at 413
755-2158.
1-00973.t2ex.BK
cc: Site files,BWSC,WERO
ecopy: Northampton Mayor's Office
Northampton Board of Health
Mr. Charles Klingler,LSP
2
Sincerely,
MIAS dennnt copy is Wag pro tiW a yw ekc ak*by the
Distrust of isvtnantd Ptetefin A ltd copy otitis dement
h n®e at tit DEP nine Wed n Mcktkrkat
Richard M. Green
Section Chief
Site Management/Permits
Bureau of Waste Site Cleanup
INEY
(ALEY
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
WENT LEGAL MATTER
4assachusetts Department of State Police
dr. Gerald Densmore
.70 Worcester Road
ramingham,MA 01702
ROBERT W.GOLLEDGE,Jr.
Secretary
ARLEEN O'DONNELL
Commissioner
January 2, 2007
Re: Northampton
RTN 1-00973
555 North King Street
Mass. State Police Barracks
Interim Deadline
TIER II EXTENSION APPROVAL
ESTABLISHMENT OF INTERIM DEADLINE
Dear Mr. Gerald Densmore:
On March 3, 1992,the Department was notified of a gasoline release,observed during the
removal of an underground storage tank from the site. A Notice of Responsibility was issued to
you("you"refers to Massachusetts 1S00e PoliOn No May
6, 1992, a,and th r II Classaficaled
Release Tracking Number(RTN):
became effective for the site, and on September 14, 2000,RTN: 1-13400, for chromium in soil
was linked to the Subject RTN. A Revised Phase II Comprehensive Site Assessment and a
Revised Phase III Remedial Action Plan were submitted on September 180026006. DModiified7,
Phase IV Remedy Implementation Plan was submitted on November 8, 2
2006, a Tier II Extension Request was submitted on your behalf by Mr. Charles Klingler,LSP.
Pursuant to 310 CMR 40.0560(2)(d), 310 CMR 40.0560(7) and 310 CMR 40.0893(4), either a
Response Action Outcome(RAO), a Tier II Extension Submittal,or a Remedy Operation Status
(ROS) shall be submitted within five years of the effective date of the original Tier II
Classification.
This information is available in alternate format Call Donald M.Comes,ADA Coordinator at 617-556-1057.TOD Service-1-800.29&220'7.
MassDEP on the World Wide Web'. Mlp INN M State.ma.usldep
0 Printed on Recycled Paper
'E-07-3052,RTN. 1-16492
equired actions are not completed by the deadlines specified,an administrative penalty may
ssed for every day after the date of this Notice that the noncompliance occurs or continues.
epartment reserves its rights to exercise the full extent of its leegal authority in order 0
full compliance with all applicable requirements,including,
lotion,civil action including court-imposed civil penalties,or administrative action,
ling administrative penalties imposed by the Department.
ie Department of Environmental Protection:
, ni Horn op is M16696649 ekanal 6Oe
Deputies au4newud1966N.a ntb°n eau&omen
u n%the DEP Mxhu!®6:161109a6
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
NOTICE OF NONCOMPLIANCE
NON-WE-07-3052
RTN 1-16492
THIS IS AN IMPORTANT LEGAL NOTICE.
LURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
.E OF ENTITY IN NONCOMPLIANCE:
achusetts Department of State Police,470 Worcester Road,Framingham,MA 01702
IATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
Vorth King Street,Northampton
:ES WHEN NONCOMPLIANCE OCCURRED 014 WAS OBSERVED:
16/07-due date for submittal of an Immediate Response Action(IRA)Plan,or,if
Massachusetts Contingency tPlann,,(MCP),(RAO) accordance with the
CMR 400000
SCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH:
lation of 310 CMR 40.0420(7$—failure to submit an IRA Plan.
01/12/07, the Department received a Release Notification Form indicating that elevated
icentrations of gasoline constituents were detected in soil and groundwater at the site. On
16/07, the Department was notified of separate phase gasoline product detected in one of the
lls on-site These releases are attributed to a source located at 555 North King Street. A Notice
Responsibility was issued to Massachusetts Department of State Police(hereafter referred to
"you")on 01/17/07,and the site was assigned a Release Tracking Number(RTN): 1-16492. An
proval was granted for you to perform an IRA.
accordance with 310 CMR 40.0420(7)a,an IRA Plan should have been provided to the
apartment within 60 days of providing notification to the Department of the 2-hour or 72-hour
porting condition. The IRA Plan was therefore due on 03/16/07. To date,the Department has
t received the required IRA Plan
CTION(S)TO BE TAKEN AND THE DEADLINE(S)FOR TAKING SUCH
CTION(S):
1) Submit to the Department an IRA Plan in accordance with 310 CMR 40.0410,or,if
appropriate,a Response Action Outcome(RAO)Statement in accordance with the
MCP,310 CMR 40.1000,6 3 ne 29.2007.
T-07-3052,RTIN;1-16492
ed is a Notice of Noncompliance that describes(1)the requirement violated,(2)the date
ace that the Department asserts the requirement was violated,(3)either the specific actions
must be taken in order to return to compliance or direction to submit a written proposal
bing how and when you plan to return to compliance and(4)the deadline for taking such
s or submitting such a proposal. These requirements are governed by Massachusetts
al Laws Chapter 21E,and the regulations adopted thereunder(310 CMR 40.0000—the
tchusetts Contingency Plan or"MCP"). Please consult the MCP for the complete
nation of these requirements. The MCP may be viewed on the Department's web page at
?www.mass. °vide /bwsc/re s.htm. Copies may be purchased through the State Book
in the State House(617-727-2834).
)epartmeut reserves its rights to exercise the full extent of its legal authority in order to
n full compliance with all applicable requirements,including,but not limited to,criminal
icution,civil action including court-imposed civil penalties,or administrative action,
ding administrative penalties imposed by the Department. conta
ri have any questions act Michael Scherer at 413-755-2278 or
Bffour Kyei at 413-75552158.med in it,
2 this c Noncompliance,ur - - bey
t 1-1649 ,,and the Enforcement Tracking g Nmber,NON W E07-3052,to ensure proper
king of your response.
Sincerely,
ns ra 4 asei 441 D ban padded a w aaw'a6 M n:
wail d,ffl ndneumo.n.. drtmiw.w
pw N It&DM'eRrt Wed se lYtia,e°d
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
atified Mail#:7005 3110 0001 3150 9596, Rehm Receipt Requested
Notice of Noncompliance
1 ecc: Northampton Mayors Office(ec)
Northampton Board of Health(ec)
Charles E.Klingler,LSP-of-Record(ec)
Denise Andler,DEP-WERO(ec)
Deleted:,s
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY&ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street.Springfield,Massachusetts 01103. (413)7S4-1100
LICK
.URRAY
Boner
TIFIED MAIL#7005 3110 0001 3150 9596
sachusetts Department of State Police
Gerald Densmore,Director of Dept.Services
Worcester Road
ningham,MA 01702
RE
IAN A.BOWIES
Secretary
ARLEEN O'DONNELL
Commissioner
May 29,2007
NOTICE OF NONCOMPLIANCE
Northampton
555 North King Street
RTN: 1-16492
NON-WE-07-3052
Failure to Comply with Massachusetts
Contingency Plan Deadlines
ar Mr.Gerald Densmore,
e Department of Environmental Protection(the Department)has determined that
assachusetts Department of State Police(hereafter referred to as"you")is not in compliance
th one or more requirements enforced by the Department. The Department's records indicate
at you are a Potentially Responsible Party(PRP)for one or more releases of oil and/or
¢ardour materials at the disposal site(the site)named above. As of the date of this Notice,you
e not in compliance with regulatory deadlines for investigating and cleaning up the disposal
te. Specifically:
• You failed to submit an Immediate Response Action(IRA)Plan,or,if appropriate,a
Response Action Outcome(RAO)Statement in accordance with the Massachusetts
Contingency Man,(MCP),310 CMR 40.0000 by 03/16/07.
r the required actions are not completed by the deadlines specified below,an administrative penalty
nay be assessed for every day after the date of this Notice that the noncompliance occurs or
ontinues. Such a penalty may be assessed in an amount of up to$1,000.00 per violation per day.
This inrv.m.nnn is mailable in alternate format Coll Donald M.Gomm ADA Coordinator al 617-5561051.100 Service 4400-19B-224W
u2m.
DEF on me n as pnvrcep
World r Printed o R Recycled Gaper
,rthampton, 1-00973
Tier II Extension Approval
he Tier II Extension is approved and will expire on November 3,2008. In accordance with
10 CMR 40.0560(7), if a Response Action Outcome Statement or Remedy Operation Status is
of submitted to the Department prior to the expiration of the Tier II Classification you are
squired to submit a Tier 11 Extension Submittal at least 45 days before the date of expiration of
to Tier 11 Classification.
he Department also establishes an Interim Deadline of November 19, 2007, for submittal of a
'hase IV Status Report, including the installation and sampling of additional monitoring wells.
f this Deadline is not met the Department may initiate enforcement actions for failure to comply
with Regulatory Deadlines.
Clearly of overriding importance in this matter is continued progress in the clean up at this site.
The Department recognizes that sometimes delays in response actions can be unavoidable. The
Department appreciates and thanks you for your continued efforts in the clean up at this site.
If you have any questions,please contact Michael Scherer at 413 755-2278 or Baffour Kyei at 413
755-2158.
1-00973.t2ex.BK
cc: Site files,BWSC,WERO
ecopy: Northampton Mayor's Office
Northampton Board of Health
Mr. Charles Klingler, LSP
2
Sincerely,
This final dommnt copy is haq provided m you anemically yth doctrinal
Dcpmwnt of EnviroImental Protection.d Aped ropy
is a Me m the DEP pace lined a the letterhead.
Richard M. Green
Section Chief
Site Management/Permits
Bureau of Waste Site Cleanup
L. PATRICK
-IT P.MURRAY
ant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
URGENT LEGAL MATTER
Massachusetts Department of State Police
Mr. Gerald Densmore
470 Worcester Road
Framingham, MA 01702
IAN A.BOWIES
Secretary
LAURIE BURT
Commissioner
September 27, 2007
Re: Northampton
RTN 1-00973
555 North King Street
Mass. State Police Barracks
Interim Deadline
TIER II EXTENSION APPROVAL
ESTABLISHMENT OF INTERIM DEADLINE
Dear Mr. Gerald Densmore:
In March and April 1992, the Department was notified of a gasoline release, observed during the
removal of underground storage tanks from the site. A Notice of Responsibility was issued to
you ("you"refers to Massachusetts State Police) on May 6, 1992, and the site was assigned
Release Tracking Number(RTN): 1-00973. On November 3, 1998, a Tier II Classification
became effective for the site, and on September 14,2000,RTN: 1-13400, for chromium in soil
was linked to the subject RTN. A Revised Phase II Comprehensive Site Assessment and a
Revised Phase III Remedial Action Plan were submitted on September 18, 2006, after a more
detailed assessment of new conditions on-site. A Modified Phase IV Remedy Implementation
Plan was submitted on November 8, 2006. On September 14, 2007, a Tier II Extension Request
was submitted on your behalf by Mr. Charles Klingler, LSP.
Pursuant to 310 CMR 40.0560(2)(d), 310 CMR 40.0560(7) and 310 CMR 40.0893(4), either a
Response Action Outcome (RAO), a Tier II Extension Submittal,or a Remedy Operation Status
(ROS) shall be submitted within five years of the effective date of the original Tier II
Classification.
This information is available in alternate format.Coll Donald M.Comes,ADA Coordinator at 617-556-1057.TDD Serf fee-1-800.4984201.
DEP on the World Wide Web. http IIW Ww.mass govldep
0 Printed on Recycled Paper