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110 (City Auto Repair) Letters 1990-2012)ANIEL S. GREENBAUM Commissioner / r. u/Z�i Oi 6 cf re eth e, g/& v 'v,.zzeatcd./ milt ova . es • , . . S„.. z, /'VP.CCF./Y(i .'�tel�lgf(i 486 oukyky("Gnats S y/a, Afacsy. cites 4LP 76'4-floe JOHN J. HIGGINS Regional Director Mr. Robert Callander City Auto Repair 110 Pleasant Street Northampton, MA 01060 Dear Mr. Callander: Mill 29 190 Re: City Auto Repair Site # 1-0647 The Department of Environmental Protection has received a request of an extension of the due date for submission of the Phase I Addendum report for the City Auto Repair site. The request was submitted on your behalf by Environmental Compliance Services of Agawam, Massachusetts. The Department approves the implementation schedule you have proposed, as follows: 1) By no later than September 27, 1990, an Addendum report shall be submitted to the Department in full compliance with the requirements of 310 CMR 40.543. 2) The deadline contained in the preceding schedule is hereby established as interim deadline pursuant to the Department's authority under M.G.L. c.21E, section 3A(j), and 310 CMR 40.534(5). Your commencement of the work approved by this letter shall constitute your acceptance of these interim deadlines. Your failure to complete this work in accordance with the interim deadline will constitute one or several violations of the Massachusetts Contingency Plan and will subject you to potential enforcement action, including but not limited to the imposition of civil administrative penalties. Should you have any questions regarding the contents of this letter, please contact Gail Batchelder or Alan Weinberg of this office. Very Truly Yours, _/4c 9 Hvit Stephen F. Joyce Regional Engineer Bureau of Waste Site Cleanup SFJ:GLB:glb WP:caext.let cc: Wm. Lyons Witten, Environmental Compliance Services, Inc. Northampton Board of Health Original Printed on 100% Recycled Paper WIEL S. GREENBAUM commissioner JOHN J. HIGGINS Regional Director Jk 6 of j& , menta /� 096 .tali e i a (�2 4zeo/y/ob 496 O' er/r /1e Jtwe4, cilmwdzeki, if&& 01109 419-784-1100 Mr. Robert Callander City Auto Repair 110 Pleasant Street Northampton, MA 01060 March 26, 1991 Re: Northampton 1-0647 City Auto Repair 110 Pleasant Street 310 CMR 40.000 PHASE I REVIEW SITE CLASSIFICATION : NON-PRIORITY Dear Mr. Callander: The Department of Environmental Protection (the "Department") has completed the review of the Phase I and addendum reports submitted on your behalf by Environmental Compliance Services, Inc. (ECS) for the above referenced site. This review is based on information contained in the following documents and files: Phase I Limited Site Investigation (ECS, January 1990) Phase I Addendum I (ECS, September 1990) Phase I Addendum II (ECS, December 1990) Letter from ECS to MA DEP (September 1, 1989) Letter from ECS to MA DEP (June 8, 1990) Preliminary Assessment Report Interim Site Classification Form (Revised 12/19/90) MA DEP Site File 1-0647 MA DEP Emergency Response File W89-257 The subject site is a 9700 sq.ft. lot located at 110 Pleasant Street in Northampton, MA. The site is located in a mixed commercial and residential area of town. The site has been used as a gasoline and automobile service station since the early 1940 's. Prior use is documented as residential. Since the discontinuation of gasoline sales in March 1989, the site has been used solely for automobile repair and service. The site has been owned and operated by Mr. Robert Callander since April 28, 1978. The previous owners since May 18, 1970 were Hillebrand, Thomkins, and Suchecki. On May 31, 1989, the Department received a report of gasoline entering the former Mill River bed behind Randolph Place Original Printed on 100% Recycled Paper Condominiums via a storm drain system which drains Pleasant, Pearl and King Streets. The source of the reported gasoline sheen and vapors was traced to City Auto Repair where a leaking underground gasoline storage system was later uncovered. On June 5 & 6, 1989, the Northampton DPW vented the storm drains and installed an absorbent boom at the outlet of the storm drain system behind Randolph Place Condominiums. On June 6, 1989, Department personnel contacted you, the owner of City Auto Repair, and issued a verbal notice of responsibility requiring that you take immediate response actions. You responded by retaining the service of Environmental Compliance Services, Inc. to take all necessary response actions at the site. On June 7 through June 9, 1989, four gasoline storage tanks, one fuel oil tank, and one waste oil tank were excavated and removed from the ground. All tanks were reported to be severely pitted. There were two holes in one of the gasoline tanks and the waste oil tank was collapsed. ECS reports evidence of a release from the gasoline and waste oil tanks but no evidence of a release from the fuel oil tank according to visual observation and field screening of soil. Soil in the gasoline tank pit was excavated to a depth of approximately 15 feet where a thin floating layer of product was visible on the groundwater. Soil from several feet beneath the waste oil tank was examined and appeared "oily" to approximately 13 feet deep. Both tank pits are presumed to have been filled with the excavated material because there is no mention in the ECS reports of any soil removal or off-site disposal. On June 21, 1989, following numerous complaints of gasoline odors, a polyethylene curtain was placed at the storm pipe discharge behind Randolph Place Condominiums. Air and vapors within the pipe were vacuumed through an activated carbon adsorption canister and allowed to discharge to the atmosphere. The system was active from 6/21/89 to 10/6/89 and from 3/23/90 to 5/15/90. On June 19, 1989, the Department issued a Notice of Responsibility to City Auto Repair to conduct a Phase 1 investigation and complete a Preliminary Assessment Report and Interim Site Classification Form. The initial investigation included the installation of three soil borings completed as groundwater monitoring wells, ECS-1, ECS-2, and ECS-3 on June 29, 1989. On the following day, a separate layer of gasoline was found in ECS-2 and ECS-3 which are downgradient of the former tanks. By July 5,1989, nearly three feet of separate product had been observed in these wells. Subsequently ECS installed a passive recovery system to remove floating product from ECS-2 and ECS-3 . On August 16, 1989, the need for short term measures was discussed in a meeting with Department personnel, ECS personnel, you, and your attorney. As a result, additional field work was conducted and summarized in a letter to the Department from ECS dated September 1, 1989. This letter presents the results and conclusions following a basement vapor survey in nearby buildings and an inspection of the storm water pipe beneath Pearl and Pleasant Streets and at the discharge behind Randolph Place Condominiums. Based on information collected during the additional field investigation, ECS concludes that no imminent hazards existed at that time. Results indicated no odors were detected in nearby building basements and no free product was found to be entering the storm drain system. The study identified the locations within the storm pipe where groundwater seeps through the walls. Water samples obtained on August 25, 1989 from four seep locations showed dissolved gasoline constituents ranging from trace to greater than 1 ppm ("excessive") as analyzed in house by ECS personnel using a Photovac Model 10850 gas chromatograph. Water sampled from a fifth location which is on the west side of the Pleasant and Pearls Streets intersection exhibited no detectable volatile organic compounds. Monitoring wells, ECS-2 and ECS-3 were gauged on August 31, 1989 and found to contain a layer of 1/8 inch and 1/4 inch, respectively. Very little product (approximately 3 gallons) had been recovered from these wells as of that date. Additional information reported in the September 1, 1989 letter, included vapor readings taken from behind the plastic curtain at the storm drain outfall. An H-Nu probe was placed behind the curtain before the influent to the vapor recovery system. The meter registered 5 ppm and 6 ppm on the sample occasions on August 25, 1989. Tar and other debris were noted to have accumulated behind the curtain which may have contributed to the reading. On March 5, 1990, the Department received the Phase I Report for the site. The report summarizes the history of events and investigation work which was conducted through October 26, 1989. Activities described in the report include the removal of the gasoline, fuel oil and waste oil tanks, the installation of the three soil borings/monitoring wells on June 29, 1989, well gauging data from 6/3/89 to 10/26/89 for monitoring wells ECS-2 and ECS-3, and additional investigative work. Soil screening during soil borings indicated elevated HNu headspace readings (13 . 4 to 320 ppm) for soil samples from ECS-2 and ECS-3 from depths of 10 to 22 feet. Soil screening from ECS-1 did not result in significant levels (not greater than 1.2 ppm) . Depth to groundwater was found between 12 . 54 and 13.72 feet and groundwater flow was determined to be in a southeast direction with a gradient of approximately .03 ft/ft. Depth to the top of the storm sewer line under Pearl Street is approximately 14 feet. Product discovered in ECS-2 and ECS-3 was identified as gasoline and measured at a thickness of nearly three feet in early July, 1989. Following the discovery of a separate layer of product, an autoskimmer was installed with Department approval to recover the gasoline. Approximately 20 gallons of product were recovered using the auto skimmer between July 1989 and May 1990. Subsequent hand bailing of these wells from May 1990 through July 1990 has resulted in an additional 12 gallons of product recovery. On May 24 , 1990, following a review of the Phase I Report, the Department issued a letter requesting the submittal of additional information and the performance of additional work prior to site classification. In a letter dated June 8, 1990, ECS submitted the requested information and a proposal to continue assessment and remediation activities. Included in the letter was a proposal to implement a short term measure using hand bailing of monitoring wells ECS-2 and ECS-3 to remove floating product. The Department approved of the daily hand bailing program as a replacement for the auto skimmer previously in use. On June 18, 1990 hand bailing began. Additional investigative work has been completed and the information generated by this work was submitted to the Department in two Phase I addendum reports. The Phase I Addendum I Report was received on September 27, 1990 and the Phase I Addendum II Report was .received on December 31, 1990. The Addendum I Report describes the results of supplemental background research, performance of a soil gas survey and a basement vapor survey, installation of five additional soil borings and three additional monitoring wells, groundwater and storm sewer sampling and analyses, hand bailing of product, and sewer outfall inspections. The results of the soil gas survey conducted on July 7, 1990 indicate the highest VOC concentrations at three feet deep in the immediate area of the former gasoline tanks and significant VOC concentrations to the south as far as but not extending to beyond Pearl Street. Results from surrounding sampling points indicate very low VOC vapor concentrations. Air vapor monitoring conducted in the basement of the Gleason building across Pearl Street to the south of the site revealed no detectable gasoline vapors on September 6, 1990. A storm sewer investigation was conducted on August 8, 1990. During the investigation, ECS personnel observed a small amount of gasoline contaminated water seeping into the storm sewer pipe in two locations along Pearl Street immediately downgradient of the site. A sample (STM-Seep) was taken from the seep which produced the highest reading on an HNu (4 ppm) . In addition, samples of the flowing storm water were obtained upstream (STM-2) of the site, downstream (STM-1) of the site, and at the outfall (STM-3) . The samples were analyzed using Method 602 and a Petroleum Scan. Results are given below: Petroleum Scan Total VOCs (uq/L) VOCs identified STM-Seep not performed 15, 540 BTEX STM-1 ND 26 Xylenes only STM-2 ND 4 EX STM-3 ND ND (<1) none As indicated by these results, there is moderately contaminated groundwater entering the storm sewer line on Pearl Street however its effects are shown to be minimal. The BTEX concentrations in the flowing storm water are reduced by dilution and aeration to . non-detectable levels at the outfall. A soil sample (STM-4) was obtained from the former Mill River bed several feet upstream of the outfall and analyzed using a petroleum scan. Results indicate the presence of 1500 mg/kg of petroleum hydrocarbons. The laboratory report indicates the contaminant is an unidentified petroleum product most closely resembling a mineral/light oil. ECS personnel suggest the source is not attributed to City Auto Repair but is probably associated with another source. On August 16, 1990 three additional soil borings/monitoring wells and two soil borings were installed. Monitoring wells ECS-4 and ECS-5 are located on Pearl Street north and south of the sewer line respectively in a downgradient location from the former gasoline tanks. Monitoring well ECS-6 is just downgradient of the former waste oil tank. Soil borings ECS-7 and ECS-8 are located in the center of and upgradient of the former waste oil tank. Laboratory analysis of a composite soil sample from 5 to 10 feet in soil boring ECS-7 (in an area near the bottom of the former waste oil tank) revealed 196 mg/kg total petroleum hydrocarbons (TPH) , 1.5 mg/kg arsenic, 51. 5 mg/kg chromium, and 79 .4 mg/kg lead. All monitoring wells were bailed on August 24, 1990 and found to contain no floating product. Groundwater samples were obtained from all six monitoring wells and analyzed by Method 601/602 for volatile organic compounds and by Method 503 BE for TPH. Results are presented in the following table. TPH (mq/L) Total VOC (uq/L) VOCs identified ECS-1 ND ND none ECS-2 718 156, 400 BTEX ECS-3 26 33, 200 BTEX ECS-4 26 56,400 BTEX ECS-5 39 45,500 BTEX ECS-6 ND 125 * * Compounds and concentrations detected include 1, 1 dichloroethane (4 ug/L) , cis-1,2-dichloroethylene (10 ug/L) , 1, 1,1-trichloroethane (90 ug/L) , and tetrachloroethylene (21 ug/L) . Based on these results, ECS concludes that the gasoline contaminated groundwater plume extends to at least the south side of Pearl Street and that the presence of the chlorinated hydrocarbons detected in the sample from ECS-6 is likely attributed to historical use of common solvents at the site. The work described in Addendum II focuses on the investigation of groundwater contamination on the Randolph Place Condominiums property and along the storm sewer line between City Auto Repair and the outfall. This work includes the installation of an additional soil boring/monitoring well, ECS-9, located on the Randolph Place Condominiums property and four sampling ports drilled outward into the water table from the inside of the storm sewer line. The four sampling ports were constructed on the upgradient side of the storm sewer line by drilling through the concrete pipe and installing a two foot long screen extending out from the pipe into the water table. Sampling port, SSP-1, is at the intersection of Pearl and Pleasant; SSP-2 is on Pleasant Street just above the point where the sewer line takes a southwest turn; and SSP-3 and SSP-4 are further southwest on the property of Randolph Place Condominiums. The water table was above the screens in SSP-1 and SSP-2 (on Pleasant Street) and water flowed freely through the sampling port valves during installation and sampling. The screens in SSP-3 and SSP-4 (at Randolph Place Condominiums) intersected the top of the water table so samples had to be bailed from these locations. Laboratory results from groundwater analyses using EPA Method 624 and US Coast Guard Oil Spill I.D. Method CG-D-52-77 are presented in the following table. AIN SSP-1 SSP-2 SSP-3 SSP-4 ECS-9 Benzene 640 (15.5) (2 .8) (11.5) (15) Toluene 22 (32. 5) (5. 2) (28.0) (25) Xylenes 68 (69 . 5) (11.7) (116. 0) (44) Total BTX 730 (117.5) (19.7) (155.5) (84) MTBE 4,500 15, 000 3,300 1, 100 (21) Oil I.D. Water Sample ND ND ND >95% 260 Soil Sample -- -- 81,000 17, 000 VOC's are reported in ug/L Oil is reported in mg/L in water and mg/kg in soil ( ) indicates an extrapolated value below detection limits -- means not tested ND is below detection limit of 1 mg/L Oil in water from SSP-4 and ECS-9 was identified as diesel fuel and the oil in soil from these locations was unidentified but reported to most closely resemble weathered diesel fuel. As demonstrated by the laboratory results, there are dissolved gasoline constituents in the groundwater next to the sewer in the vicinity of City Auto Repair. The concentration of gasoline constituents decreases with distance down Pleasant Street and along the former railroad bed by Randolph Place Condominiums. The relative concentration of petroleum constituents including BTX increases at SSP-4 due to the presence of diesel or f 2 heating fuel which is not associated with the City Auto Repair site. Additional information provided in the addendum reports, reveals that there is at present no floating layer of gasoline in the monitoring wells. According to ECS, you are still monitoring the wells on a daily basis. There has been no floating layer in the monitoring wells at or in close proximity to the site since July 18, 1990 with the exception of the one day appearance of 1/8 inch of product in ECS-5 on the day after installation. Subsequently, there is no longer product to bail and the hand bailing program implemented as a short term measure will be completed upon disposal of the recovered product. Phase I Determination Environmental Compliance Services, Inc. recommends that this site be classified as non-priority disposal site based on the information presented in the Phase I Report and the two Phase I Addendum Reports. The Department concurs with this conclusion. Pursuant to 310 CMR 40.543 and 40.544 of the Massachusetts Contingency Plan, the Department has determined that the site is a non-priority disposal site for which further remedial action is necessary (Phases II through IV) . Further remedial response activities should include, at a minimum, a Phase II investigation as defined in 310 CMR 40. 545 and an assessment of the risk of harm to human health and the environment for current and foreseeable future uses of the site. This site is not currently assigned to a project manager as the Department must allocate its limited resources to those sites which present the greatest hazard to the public or the environment. Further review and/or investigation will depend on the availability of staff and the relative degree of hazard at the site. It is unlikely that the Department will assign a project manager to this site in the foreseeable future. You should be aware that this site may be eligible for a "waiver" from further Department approvals and oversight because it has been classified as non-priority. For information about the waiver, please reference the MCP, Section 40. 537 or the enclosed fact sheet. Until such time as a waiver is granted or a Phase 2 Scope of Work is completed, you should continue monitoring for floating product. If at any time an imminent hazard, as defined in 310 CMR 40.542 is identified at the site, you must notify the Department immediately, and submit a proposal for a short term measure. No short term measure may be commenced without prior Department approval. If you have any questions regarding this matter, please contact Lisa Jones of this office. Very truly yours, h F. oy Regional Engin7 r Bureau of Waste Site Cleanup SFJ:LEJ WSC042s/CITYAUTO.PH1 enclosure cc: Northampton Board of Health Northampton Fire Department Northampton, Mayor's Office Environmental Compliance Services, Inc. Attorney Barry Fogel Congate, Inc. S. GREENBAUM commissftmer N J. HIGGINS =gionai Director Sareettwe rue g/&ufrezvninerited. Otharenzent E/S , , Sz Svineety# 4s6 ow jAt cfrree4, ffrthdea, .&a.. 011os 4>s 7(94-noo February 12, 1991 Mr. Robert Callander City Auto Repair 110 Pleasant Street Northampton, MA 01060 Re: Northampton, 1-0647 City Auto Repair MGL Ch. 21E ACKNOWLEDGEMENT OF RECEIPT OF REPORT PHASE I REVIEW Dear Mr. Callander, The Department of Environmental Protection has received two addendum reports for the above referenced site. The reports were prepared by Environmental Compliance Services, Inc. , are dated September 1990, and December 19, 1990 and are entitled Phase I - Limited Site Investigation - Addendum I and Addendum II. The Department is currently reviewing these reports and the January 1990 Phase I Report and anticipates completion of this review process in a short time. If your consultant has recommended continued or additional sampling or monitoring at the site, or additional Phase I investigation, you are authorized to implement those recommendations. You may not initiate remediation, cleanup or short term measures at the site, including the excavation and removal of contaminated soil, without further Department approval. You may wish to submit a waiver application pursuant to 310 CMR 40.537 (Mass Contingency Plan) . Approved waivers allow assessment and remediation activities to continue at non-priority disposal sites. If at any time an imminent hazard, as defined in 310 CMR 40.542 is identified at the location, you must notify the Department immediately, and submit a proposal for a short term measure. No short term measures may be commenced without prior Department approval. Original Printed on 100% Recycled Paper City Auto Repair 2 If you have any questions, please contact the Department's Bureau of Waste Site Cleanup, Site Support Section, at this office. Very truly yours, Joys Regional Engineer Bureau of Waste Site Cleanup SFJ/LJ/pjd WSC-043-s/1-0647 cc: Northampton Board of Health Office of the Mayor, Northampton Kevin Sheehan, Environmental Compliance Service Attorney Barry Fogel • DANIEL S.GREENBAUM Commissioner JOHN J.HIGGINS Regional Director Chief Municipal Official Town Hall Northampton, MA 01060 RIO -Ui anznzcnurea,/L ¥S4aaz ild e fie, oivneostai S,tag‘iatelte e WeetW260ZOOZ e 9, e Y 767OD August 26, 1991 Dear Local Official: Enclosed please fmd information regarding hazardous waste sites in your community where Preliminary Assessments and/or Limited Site Investigations have been completed. The Massachusetts Contingency Plan (310 CMR 40.000) requires that notice be given to Chief Municipal Officials and the Boards of Health regarding hazardous waste sites in their municipalities. Attached is a copy of a legal notice and press release which will appear in a regional daily or weekly newspaper on or about August 31, 1990. The legal notice have been contains the pursuant to listing Massachusetts Contingency Plan and 1M.G.L. c. 21E. The results of these investigations will also appear in the Department's annual "List of Confirmed Disposal Sites and Locations to be Investigated". You will receive a copy of your community's complete listing prior to the List's publication. For more information about individual sites identified by DEP in your community, please contact Alan Weinberg at 784-1100 or the letterhead address. Very truly yours, SFJ/AW/ers WP:coverlet.pub cc: Board of Health 5 E itt Stephen F. Joyce Regional Engineer Bureau of Waste Site Cleanup DANIEL S.GREENBAUM Comm,,,aM, JOHN J. HIGGINS Regrow Director City Auto Repair 110 Pleasant Street Northampton, MA 01060 Dear Sir: p � „rl&c. %On X62,& �e c rtit o//o.� �Y/3/ Af(A//00 August 22, 1991 RE:: City Auto Repair 110 Pleasant St. Northampton Site #1-0647 Classification and Publication for a Non-Priority Waiver Site This letter concerns the referenced disposal site which appeared on the "List of Confirmed Disposal Sites and Locations to be Investigated". This list is published annually by the Department, pursuant to the requirements of M.G.L. c. 21E, Section 3A(c). ' M.G.L. c. 21E Section 3A(d)(2) requires that the Department classify disposal sites as "priority" or "non-priority". The Department has reviewed the information available to it about the referenced disposal site and has determined that it is a non-priority disposal site pursuant to the Interim Site Classification requirements in the Massachusetts Contingency Plan, 310 CMR 40.544. In addition, M.G.L. c. 21E Section 14(a) requires that, once a site has been classified, - the Department-publish-a-legal-notice-and-press-release informing the public of the - location's status as a disposal site, and, if so, of its classification. The Department will issue a legal notice and press release containing this information on 8/26/91. The legal notice will appear on August 30, 1991, in the Hampshire Gazette. Effective October 3, 1988, the extent of assessment and remediation required by M.G.L. c. 21E at locations and disposal sites will be determined by reference to the Massachusetts Contingency Plan (310 CMR 40.00 et seq. promulgated pursuant to M.G.L. c. 21E, Sections 3, 3A(m), and 6). Remedial response actions required at locations and disposal sites are described in detail in Subpart D of the Massachusetts Contingency Plan (310 CMR 40.500 et seq.). No further remedial response actions other than those approved by the Department prior to October 3, 1988 may be conducted at this non-priority disposal site without first obtaining the Department's approval, as described in 310 CMR 40.536. These regulations require that Department approval be obtained at specific points in the remedial action process: - - Ala * Scope of Work for the Comprehensive Site Assessment (Phase II), * Final Report of the Comprehensive Site Assessment (Phase II), * Final Remedial Response Plan (Phase III), * Remedial Response Implementation Plan (Phase IV), and * Final Inspection Report (Phase IV). For more information on the classification of the referenced disposal site, please contact Evelyn Siedel at the address above. . Copies of the Massachusetts Contingency Plan are available from the State Bookstore, 21 Elm Street, Springfield, MA 01103, 413/733-7876. Very truly yours, SF Stephen F. Joyce, Regional Engineer, Waste-Site-Cleanup SFJ:ERS cc: Chief Municipal Official, Adams Board of Health wsc-015:novnp.bus PUBLIC NOTICE S MASSACHUSETTS COMMONWEALTH OF MA5 DEPARTMENT OF ENVIRONMENTAL PROTECTION Pursuant to M.G.L. c. 21E, Section 14(a) and the Massachusetts Contingency Plan (310 CAR 40.00), the Department of Site Environmental ntai Protection have been ounCemdat the Preliminary Assessment and Limited following location: SITE # STTE NAME/ADDRESS 1-0261 Southampton MUNICIPALITY Stripper, 6 Coleman Rd. 1-0 64 Southampton inland Citco Station, 101-109 Pleasant St. -oeo * Easthampton City Auto Repair, 110 Pleasant St. Northampton ed that a release of oil and/or hazardous materials This investigation has confirm ent has identified it as a D DISPOSAL SITE. The Department� has also Section determined it is a has occurred at this location. Therefore, the Department CONFIRMS disposal site (as defined by NON-PRIORITY requires that, if feasible, permanent solutions be impleolent at then a temporary dual Section 3A(t) re4 implemented, and a plan for achieving a permanent solution must be disposal sites. If a Permanent solution is not feasible, must be imp developed- ency Plan Provide several M.G.L. c. 21E and the Massachusetts Contm�o avedingresponse opportunities for public notice of and involvement in decisions regarding at disposal sites-* The Chief Municipal Official and Board of Health of the community the use of heavy construction site is located will be PL0'nded with notices of the results of investigations, remedial responses, and field work involving CMR u0e of h equipment and/or protective clothing (310 which potentially of affected ci a disposal site, the Upon receipt of a locate& from ten municipality or more residents octhe u"m�aecisiosa the p on the De a meat's ni is of a e, a r involving public in at a public or upon the Department's iattthe si a P prepared and p d will be regarding response� plan will be revisedibas d on comments received, 2rS meeting• response action (310 CMR 40203). implemented over the course of the rasp which a disposal site is located ' The Chief Municipal Official of a city or town in public o al site l a may appoint from members of the potentially affected p (M an individual,dual Section individuals, to inspect the site on behalf of the community ( 14(d)). and opportunities for disposal sites referenced above, Siedel in the For more information e in thon eir the me . please contact Evelyn. Siede 413/7&1-1100. Westinvolvement RegiEP Office, 436 Dwight St., Springfield, MA Western Region ?- REVISED CLASSIFICATION Alan Weinberg 413/784-1100 FOR IMMEDIATE RELEASE: August 31, 1991 DEP CLASSIFIES 13 HAZARDOUS WASTE SITES The Department of Environmental Protection (DEP) announced today that it has completed initial assessments of thirteen confirmed hazardous waste sites in Western Massachusetts. Two of the sites were classified as "priority" sites, while the other eleven sites were given "non-priority" designations. DEP' s Western Regional Office has classified 254 hazardous waste sites to date: 98 are priority disposal sites and 156 are non-priority. Priority sites pose the greatest potential threat to public health or the environment and are the focus of agency resources. Non-priority sites are less serious and may qualify for waivers from DEP approvals, allowing work to move more quickly, with cleanup work subject to "agency audit upon completion. When Massachusetts voters amended the state Superfund law in November 1986, they committed DEP to an aggressive timetable for locating, assessing and cleaning up hazardous waste sites. The . agency publishes a classification for each site where a petroleum or hazardous materials release is confirmed. DEP also provides for public notice of and involvement in site cleanup decisions. The agency informs municipal officials whenever it investigates a site, plans for remedial actions or does any field work. In addition, ten or more citizens can petition the agency to develop a public involvement plan for a particular site. --END-- Note: A list of the newly-classified sites is attached. WESTERN REGION Community Agawam Westfield Community Priority Disposal Sites Site Name/Address Larry' s Mobil 321 Main Street Westfield Gas & Electric Sackett Street Non-Priority Disposal Sites Site Name/Address Chicopee BFI/Ahearn Landfill Burnett Road Easthampton Inland Citco Station * 101-109 Pleasant Street Lenox Cranwell Conference Center ** 1-0486 55 Lee Road Former Parkside Cleaners 1-0117 East & Sewall Streets 1-0688 August 1991 Site No. 1-0721 1-0767 Site No. 1-0031 1-0608 Ludlow Monson Palmer Motor Coach South Main Street Northampton City Auto Repair * 1-0647 110 Pleasant Street Mr. Stripper 1-0264 Southampton 6 Coleman Road Springfield Shell Convenience Store 1-0806 560 State Street West Springfield Front StreetCOrp. 1-0837 Williamstown Former Properties of America ** 1-0893 665 Simonds Road 1-0876 Williamstown Property 681 Simonds Road * Due to additional information, DEP has reclassified this site from a priority to a non-priority site. This site has been granted a waiver of approvals by DEP. ** DANIEL S. GREENBAUM C minbnm JOHN J. HIGGINS Reg Lonal Medal' .140 Wonzmw iSarkedezzi -x-eceete:eteeA1erzeawaseen -97terodsteest r &zoansexentai.9,. Fa x/36 9,wis.It .%.«t, 47: St. .97/03 (1/3) 7d4/-//6c Mayor's Office 210 Main Street Northampton, Mass. 01060 October 8, 1992 Re. Northampton 1-0647 City Auto Repair 110 Pleasant Street M.G.L. Ch. 21E Waiver of Approvals Dear Mayor: This letter is to notify you that the Department of Environmental Protection (the Department) has received a "Waiver of Approvals" application, dated 2 October 1992, for the above referenced site. The "Waiver of Approvals" option provides the opportunity for accelerated cleanup of non-priority disposal sites. Regulations governing the Waiver are contained within 310 CMR 40. 00, the Massachusetts Contingency Plan (MCP) . The MCP regulations became effective in October 1988 pursuant to Massachusetts General Law Ch. 21E. The MCP establishes requirements and procedures for identifying, evaluating, and cleaning up sites where there has been a release of oil or hazardous materials to the environment. The MCP requires that six specific reports be submitted to the Department during the response action process. The Department must approve each of the reports before the next phase of work can be conducted (310 CMR 40.536) . The MCP also specifies a site classification system which is used to identify disposal sites most in need of Departmental oversight. Sites are classified as priority or non-priority. Only sites classified as non-priority are eligible for a Waiver of Approvals. While the Waiver requires that response actions meet the requirements of the MCP, it allows potentially responsible parties to proceed with response actions without delays in Departmental approvals caused by allocation of limited 1-0647 staff to priority sites. It is important to emphasize that a Waiver of Approvals is not a waiver of the potentially responsible parties' obligation to meet all the MCP requirements and adhere to all applicable public health and environmental standards, criteria, and protocols. At present, the City Auto Repair, Site #1-0647 , is listed as a non-priority disposal site. The Department is currently reviewing the reports that have been submitted on behalf of the property owner by Environmental Compliance Services, Inc. of Agawam, Massachusetts. The reports, waiver application, and other information on file may be reviewed at the Department's Regional Office, 436 Dwight Street, Springfield. File review hours are every Wednesday from 0900 - 1200 and 1300 - 1600. If you wish to comment on the waiver application or if you have se any information that the Department should be aware days of leasee submit your comments in writing within fifteen (15) Y date of this letter. Please include the site number in all correspondence. Your cooperation is appreciated. Very truly yours, Alan Weinberg Section Chief, Site Support Bureau of Waste Site Cleanup ASV:SSB WSC-115 local.647 cc:Northampton, Board of Health DEP Boston, Waiver Coordinator Environmental Compliance Services, Inc. City Auto Repair, 110 Pleasant St. , Northampton, Mass. 01060 DANIEL S.GREENBAUM Commissioner JOHN J.HIGGINS Reglonel w.cor J4 ' w a ISaCkaielti 9ratiatead 6'n groteceaw r 4096 9eov�ie,Aced, . eegaid, 87/83 Iva/ 7d-Y-1l00 November 23, 1992 City Auto Repair 110 Pleasant Street Northampton, Mass. 01060 Attn: Robert Callander Re: Northampton 1-0647 City Auto Repair 110 ir.th Pleasant Street M.G.L. Ch. 21E Review and approval of Waiver Application No. 92-1-0647-1 Notice of Responsibility THIS IS AN IMPORTANT LETTER. READ IT CAREFULLY. FAILURE TO COMPLY WITH THE CONDITIONS OF THIS WAIVER APPROVAL COULD RESULT IN SERIOUS LEGAL CONSEQUENCES AND THE REVOCATION OF THIS WAIVER. Dear Mr. Callander: The Department of Environmental Protection (the Department) has received a Waiver Application Form for the above referenced site. The application was submitted on your behalf by Environmental Compliance Services, Inc. (ECS) of Agawam, Massachusetts and received by the Department on 2 October 1992. The site was used as a gasoline station and automobile repair facility since the 1940's. Prior site use was reported to be residential. The site is presently used for repairing automobiles. Gasoline sales were discontinued in 1989 . This site was classified as a non-priority site in March 1991. Non-priority sites are eligible for a waiver of approvals. Waiver Application Approval Pursuant to the Massachusetts Contingency Plan 310 CMR 40.537, the Department hereby approves the Waiver Application for the site, subject to the conditions set forth in Section IV of the Waiver Application Form and to the following additional conditions: 1) The Department reserves the right to withdraw its approval or impose additional conditions on this waiver based on information that becomes available or 1-0647 circumstances that arise after the waiver has been approved. The Department reserves the right to audit progress and performance of work conducted at this site and to determine compliance with the Massachusetts Contingency Plan and the conditions of this approval; 2) Required reports and other document submissions to this Office must clearly indicate the DEP Case Number and contain the designation "Waiver Submittal" ; 3) All documents required pursuant to 310 CMR 40.535 must be submitted to the Department within thirty (30) days of their completion; 4) If a public involvement petition has been or is hereafter submitted for the site under M.G.L. Ch. 21E, Section 14 (b) and 310 CMR 40.203, the waiver grantee must develop and implement a Public Involvement Plan in accordance with 310 CMR 40.203 (4) and the Department's "Public Involvement Plan Interim Guidance for Waiver sites"; 5) You must notify the Department within thirty (30) days if you hire any additional consultants or change primary consultants on this site; 6) You must submit an annual status report for this site. The report should include a narrative summary of any activities conducted on the site under this waiver approval; 7) All analytical data must meet the requirements of the Department's policy #WSC-300-89 "Minimum Standards for Analytical Data for Remedial Response Actions" . You should evaluate all of the analytical data that has been submitted for this site. New data should be collected, if needed, to ensure that any conclusions concerning the comprehensive site characterization, risk characterization, the need for further action, and/or the design of remedial response alternatives are based on data that meets these minimum standards; 8) Development and implementation of remedial response alternatives and the final remedial response plan must conform to the requirements of Phase II (310 CMR 40. 545) , Phase III (310 CMR 40.546) and Phase IV (310 CMR 40.547) of the Massachusetts Contingency Plan (MCP) . At a minimum, you must complete a Phase II - Comprehensive Site Assessment and a characterization of 1-0647 the risk of harm to human health, safety, public welfare, and the environment; 9) Contaminated soil on this site may not be excavated and/or removed without prior notification and approval from this Department, unless such excavation and removal is conducted pursuant to 310 CMR 40. 547 (Phase IV - Implementation of the Remedial Response Alternative) or unless the soil excavation is conducted as an Interim Measure. In all cases, contaminated soil from this site may not be transported to any other location within Massachusetts without specific approval from this Office. In some cases, policy #WSC-89-001 "Management Procedures for Excavated Soils Contaminated with Virgin Petroleum Oils" may apply; 10) Any Interim Measures (IM) conducted on the site must comply fully with Policy #WSC-131-90. Following completion of an IM, all documentation required in section 7. 0 and in the Appendix of the policy as well as a summary report of the Interim Measure, must be submitted to the Department within thirty (30) days of the conclusion of the IM. Interim Measures performed on the site must comply with all applicable laws, regulations, Departmental policies, and any other conditions of the Waiver Application Approval. In particular, your attention is directed to the provisions of Policy #WSC-120-90, No Further Action Determinations at Waiver Sites. 11) Documentation of the off site disposal of all oil and/or hazardous materials, including contaminated soil, must be included in the Phase IV Final Inspection Report or in the Phase II report if the conclusion following the risk assessment is "no further action" ; 12) All necessary permits, approvals, and licenses must be secured prior to implementation of remedial response actions. Necessary permits may include but are not limited to Wetlands Order of Conditions, pursuant to 310 CMR 10.00, Certification for Dredging, Dredged Material Disposal and Filling Waters, pursuant to 314 CMR 9 00, Groundwater Discharge Permit, pursuant to 314 CMR 5.00, Surface Water Discharge Permit, pursuant to 314 CMR 3. 00, and New Source Approval (air) , pursuant to 310 CMR 7.00 ; of a Short nTerm Measure (STM) , the uDepartmetrmust performance be 1-0647 notified prior to implementation. The Department reserves the right to review and approve any proposed STM5. You must notify the Department prior to discontinuing or modifying any ongoing short term measures. The modification or discontinuance of any STM must not result in the re-occurrence of an imminent hazard; 14) All monitoring wells must be gauged and sampled. Samples should be analyzed for volatile organic compounds (VOCs) using EPA Method 8240 or 8260. Groundwater flow direction should be calculated and contours plotted on a site plan. The results of the gauging and sampling must be submitted to the Department within forty-five (45) days of the date of this Waiver Approval. You should be aware that by granting a waiver, the Department waives only the approvals necessary for remedial response actions listed in the Massachusetts Contingency Plan 310 CMR 40.536 (1) . Under no circumstances are the actions required under 310 CMR 40.545 Phase II-Comprehensive Site Assessment, 310 CMR 40.546 Phase III-Development of Remedial Response Alternatives and the Final Remedial Response Plan, 310 CMR 40.547 Phase IV - Implementation of the Approved Remedial Response Alternative or any other section of 310 CMR 40. 000 waived. No waiver of approvals is implied or granted for any other law. You also should be aware that this Waiver of Approvals does not constitute an approval by the Department of the anticipated remedial action that is described in section III , 5b of the Waiver Application Form. The remedial action implemented at this site must follow the completion of Phases II and III as set forth in the Massachusetts Contingency Plan 310 CMR 40.000. Sign and return, within thirty (30) days, one copy of the WAIVER DISPOSITION FORM (Section VIII of the Waiver Application Form) , enclosed. The Waiver Approval is not effective until you sign and return this form. If you fail to return the signed waiver acceptance form no later than thirty (30) days from the date of this letter, the Department may withdraw this Waiver Approval. Nothing in this approval shall be construed to be an approval or endorsement by the Department of the selection, qualifications, or expertise of any of the consultants, contractors, or subcontractors who have been or may be retained by City Auto Repair. It is the responsibility of the party performing or arranging for the performance of response actions to retain persons who are competent and have appropriate expertise to 1-0647 complete the required response actions in a manner consistent with the MCP and satisfactory to the Department. Notice of Responsibility The Department hereby notifies you that, based upon presently available information for the above-referenced site (the "Site") , it considers you a potentially responsible party pursuant to MGL 21E, s. 5. The Department is authorized pursuant to MGL C. 21E, ss. 3A(j) and 4, to take remedial response actions at the Site which it deems necessary should the remedial activities not be performed in accordance with this Waiver Approval. The Department is further authorized by C. 21E, s. 5, to recover its remedial response costs (with interest) from responsible parties. This cost recovery may take the form of court action or the imposition of a lien on any and all real or personal property in the Commonwealth owned by responsible parties. Fines or penalties may also be assessed for violations of C. 21E, the Massachusetts Contingency Plan, 310 CMR 40.000, or any other law. You are also advised that the information generated by the work undertaken in accordance with this Waiver for this Site may prompt the Department to require additional investigations, studies and actions. If you fail to perform either the authorized Waiver activities or any other required additional activities to the satisfaction of the Department, the Department may perform the necessary response actions in your stead and recover its costs from you as described above as well as assess fines or penalties against you for non-compliance. Thank you for your cooperation. If you have any questions regarding this matter, please contact Stephen Ball of this office. Very truly yours, K'Lc?Ac4, c, t4 - Catherine G. Wanat Acting Regional Engineer Bureau of Waste Site Cleanup CW:SSB /pjd WSC-115 cityauto.wav cc:Northampton, Mayor's Office Northampton, Board of Health Environmental Compliance Services, Inc. SECTION VIII WAIVER APPLICATION DISPOSITION 1plication Number: 92-1-0647-1 Date Application Received: 2 October 1992 :plicant Name: city Auto Repair. Robert Callender idress: 110 Pleasant Street Northampton Mass. 01060 ite Name: city Auto Repair ite ID Number: 1-0647. Northampton isposition: Waiver Application Determination. XXX Approved. Conditions of Approval: Standard conditions in Section IV of the Waiver Application Form and additional conditions in the attached letter. Denied. Basis for denial: 1pplication review/e7 by: Alan Weinberg / f ✓ November 23, 1992 Signature: Date: Acceptance of Waiver Application Disposition nderstand and agree to any and all additional conditions specified above for approved application. (Signature of Applicant) (Date) completed by applicant for approved waiver applications. Sign and return this page to the Department for all approved waiver cations, regardless of whether any additional conditions have been specified. SECTION VIII WAIVER APPLICATION DISPOSITION plication Number: 92-1-0647-1 Date Application Received: 2 October 1992 plicant Name: city Auto Repair, Robert Callender ldress: 110 Pleasant Street Northampton Mass. 01060 .te Name: city Auto Repair Lte ID Number: 1-0647, Northampton Lsposition: Waiver Application Determination. IXXXI Approved. Conditions of Approval: Standard conditions in Section Iv of the waiver Application Form and additional conditions in the attached letter. Denied. Basis for denial: Lpplication review- . by: Alan Weinberg Signature: / Date: November 23, 1992 Acceptance of Waiver Application Disposition nderstand and agree to any and all additional conditions specified above for approved application. (Signature of Applicant) (Date) completed by applicant for approved waiver applications. Sign and return this page to the Department for all approved waiver cations, regardless of whether any additional conditions have been specified. !v1 SWIFT for COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 Iris Realty, LLC 110 Pleasant Street Northampton,MA 01060 Attn: Ira Elfman Robert Callander 68 Blackberry Lane Northampton,MA 01060 June 6, 2002 Re: Northampton—RTN 1-00647 RAO,AUL Former City Auto Repair 110 Pleasant Street BOB DURAND Secretary LAUREN.A LISS Commissioner RAO SCREENING REVIEW SUMMARY OF AUL COMPLIANCE REVIEW AUL HELD INSPECTION AUDIT FINDING Dear Mr. Elfman and Mr Callander: On July 25, 1997,the Department of Environmental Protection(the Department)received a Class A-3 Response Action Outcome (RAO) Statement and Activity&Use Limitation(AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the"Brownfields Act" which called on the Department of Environmental Protection to conduct targeted audits of sites at which AULs have been implemented in order to ensure that these sites are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts Contingency Plan(MCP). The Department's audit of this site consisted of a RAO screening review, an AUL compliance review, and an AUL field inspection to observe the condition of the area subject to the AUL. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/ dep/bwsc/audits.htm. Based on the screening review of the RAO,the Department is not This information Is available in alternate format by calling our ADA Coordinator at(617)5746912. DEP on the World Wide Web:Mlp 1twNt mass.govldep 0 Printed on Recycled Paper Northampton,RTN 1-00647 2 directing you to undertake further response actions at this time with regard to the RAO. Please note,however, that the review conducted by the Department on the RAO was not a comprehensive audit and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit of the RAO, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. SUMMARY OF AUL COMPLIANCE REVIEW The Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL Notice instrument submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors related to the AUL instrument that require correction. Specifically: • Pursuant to 310 CMR 40.1074(2)(g),Form 1075 states that the Notice of AUL"shall be incorporated either in full or by reference into all deeds . . . whereby an interest in and/or a right to use the Property or an interest thereof is conveyed". The August 16, 2000 deed into the current owner, Iris Realty, LLC,does not reference the Notice of AUL. In addition,two previous deeds, recorded on August 5, 1998 and February 10, 2000, failed to include a reference to the AUL. • Pursuant to 310 CMR 40.1074(3),the Notice of AUL"shall be marginally referenced on the deed into the owner of the subject property." The Notice of AUL was not marginally referenced on the property owner's deed. To correct the errors, a corrective deed in which the Notice of AUL is incorporated either in full or by reference shall be recorded at the Hampshire County Registry of Deeds. The document recorded shall be marginally referenced on the deed conveying the property subject to the AUL from Alan Vadnais to Iris Realty, LLC (recorded at Book 6005, Page 273.) A certified Registry copy of the corrective deed and a copy of the first page of the deed recorded at Book 6005,Page 273 shall be submitted to the Department within 180 days of the date of this letter. The current owner must also give notice of the recording of the AUL to any interest holders who acquired their property interest after the current owner,but before the time of such recording. Alternatively, you may/submit a new Response Action Outcome (RAO) Statement within 180 days of the date of this letter,documenting the achievement of a Class A-1, A-2 or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable Interim Deadline issued pursuant to M.G.L. c. 21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. The Notice of AUL restricts"Groundwater development or use." Notices of AUL are intended to address soil contamination only. Groundwater restrictions are not appropriate for inclusion in a Notice of AUL. Northampton,RTN 1-00647 3 In order to ensure that the public is aware of the restrictions that the AUL imposes at the site,the Department may issue a public notice identifying the site and the location of the AUL at the Registry of Deeds. Such notice may be published in a local newspaper and/or on the Internet. AUL FIELD INSPECTION AUDIT FINDING On May 30, 2002,the Department conducted an AUL field inspection at the location identified above to observe conditions related to the area subject to the AUL. In particular,the AUL field inspection focused on activities and uses consistent with the terms and conditions of the AUL and whether obligations and conditions required to maintain a condition of No Significant Risk were being met. Thomas Keefe of the Department conducted the site inspection. He observed pavement patches over the former underground storage tank and former bore hole areas but there was no exposed soil. As a result of the site inspection,the Department did not identify any violations of the requirements applicable to the AUL at the site. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to William Mallio, LSP#4966,the LSP-of-Record for the disposal site. LIMITATIONS &RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future It is possible that a future comprehensive audit,if one occurs, may identify violations of applicable laws and regulations,may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c.21E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1)preclude future audits of past,current,or future actions at the site;(2)apply to actions or other aspects of the site that were not reviewed in the audit; (3)in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c.21E, 310 CMR 40.0000,or any other laws,regulations, or requirements. The Department retains 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 letter or any requirements contained in it,please contact Catherine Wanat at (413) 755-2241. Please reference the Release Tracking Number 1-00647 in any future correspondence to the Department regarding the site. Northampton,RTN 1-00647 4 Sincerely, a --c Catherine G.Wanat Section Chief, Audits/Site Management Bureau of Waste Site Cleanup cc: Pearl Street Properties, LLP, 125A Pleasant Street,Northampton, MA 01060 Alan Vadnais, 35 Gary Drive,Westfield,MA Northampton Chief Municipal Officer Northampton Health Department Northampton Zoning Code Enforcement Official Northampton Building Inspector Northampton Planning and Development Director William Mallio,LSP-of-Record(LSP#4966) Thomas M Potter,Audit Coordinator,DEP-Boston WERO Audit File Data Entry: TSAUD, AUDINS • ROMNEY nor Y HEALEY nant 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 Mr. ha Elfman, President Iris Realty, LLC. 1607 Northampton Street Holyoke, Massachusetts 01040 STEPHEN R.PRITCHARD Secretary ROBERT W. GOLLEDGE,Jr. Commissioner March 14, 2006 RE: NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Northampton 110 Pleasant Street RTN 1-00647 NON-WE-06-3016 Dear Mr. Elfman: On January 11, 2006,the Massachusetts Department of Environmental Protection(the Department) conducted an audit inspection at the location identified above. This Notice informs you of the results of the Department's audit. The audit inspection was conducted in the area subject to a Notice of Activity and Use Limitation (AUL) to evaluate whether the requirements of the AUL were being met. A Field Screening Form was completed based upon this inspection. This audit did not include a compliance review of the Response Action Outcome(RAO) Statement or the Notice of AUL instrument. The RAO and AUL for this site were evaluated during a previous audit. The current audit was focused primarily on compliance with obligation and maintenance conditions set forth in the Notice of AUL. VIOLATIONS IDENTIFIED The Department has determined that response actions were not performed in compliance with the requirements of the Massachusetts Contingency Plan(MCP). The enclosed Notice of Audit Findings and Notice of Noncompliance lists the violation(s) and those action(s) that are required to achieve compliance. A copy of the applicable Field Screening Form is also enclosed. Specifically, the Notice of Audit Findings and Notice of Noncompliance contains: (1)the requirement violated,(2)the date and place that the Department asserts the requirement was violated,(3)either the specific actions which must be taken in order to return to compliance or This Information is available In alternate format Call Donald M.Goner,ADA Coordinator at 617-556-1051.TDD Service-1-806498-220'1. 0EP on the World Wide Web bdp/Iw.ww.mass.9OVIdep 0 Printed on Recycled Paper NORTHAMPTON,RTN 1-00647 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE direction to submit a written proposal describing how and when you plan to return to compliance and(4)the deadline for taking such actions or submitting such a proposal. LICENSED SITE PROFESSIONAL (LSP) A copy of this notice has been sent to William Mallio,the current LSP-of-Record for the disposal site. However,you,not your LSP, are responsible for responding to this Notice of Noncompliance and correcting the violations identified therein. LIMITATIONS The audit inspection did not include a compliance review of all the response actions taken to date at this site. The audit was focused primarily on compliance with obligation and maintenance conditions as detailed in reports and observed on January I I, 2006. The Department's findings were based on the certainty of the information reviewed during the audit. These findings do not: (1)apply to actions or other aspects of the site that were not reviewed in the audit,(2)preclude future audits of past, current, or future actions at the site, (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000,or any other law,regulation, or requirement,or(4)limit the Department's authority to take or arrange,or to require any Responsible Party or Potentially Responsible Party to perform,any response action authorized by M.G.L. c. 21E which the Department deems necessary to protect health, safety,public welfare, or the environment. If you have any questions regarding this Notice,please contact David Bachand at 413-755-2221. Please reference Release Tracking Number RTN 1- 00647 and Enforcement Tracking Number NON-WE-06-3016 in any future correspondence to the Department regarding the site. Sincerely, DIOS*tat opvSkid/roiWd n rw* ai*b ik Deputes.1 PtYaunlY?Media AYptd opt YUb domain r Seit tic D)!.flkc ltd a YeWInS Anna Symington Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail#7005 1160 0003 7960 1572, Return Receipt Requested Enc.: Notice of Audit Findings and Notice of Noncompliance Field Screening Form ec/cc: Northampton Chief Municipal Officer(ec) Northampton Board of Health/Health Department(ec) Wayne Feiden, Northampton Planning Department(ec) William Mallio, SEA Consultants,Inc.,LSP-of-Record(ec) Thomas M.Potter,Audit Coordinator,DEP-Boston(ec) Data Entry. AUL/SNAUDI; AUDCOM/NAFNON;FLORIN 01/11/2006 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE NON—WE-06-3016 RTN 1-00647 THIS IS AN IMPORTANT LEGAL NOTICE. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Iris Reality, LLC. 1607 Northampton Street,Holyoke, MA 01040 LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 110 Pleasant Street,Northampton DATE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: January 11, 2006, Date of observed noncompliance DESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH: 1. Violation of 310 CMR 40.1070(2) (Class I)—Activity and Use Limitations imposed pursuant to 310 CMR 40.1012 shall be implemented and adhered to by the owner and holders of interest(s) in the property and/or a license to use the property subject to the Activity and Use Limitation, and/or the RP, PRP or Other Person conducting response actions at the disposal site or portion of a disposal site in accordance with the procedures established in 310 CMR 40.1070 through 310 CMR 40.1099. The AUL for this site requires maintenance of pavement, and preparation of a health & safety plan and soil management plan for subsurface activities. During the site inspection,the condition of the pavement was found to be marginally satisfactory, except for one pothole of less than 12 inches in diameter that was observed within the AUL area. In addition, a fence that was observed along the perimeter of the parcel was not present during the previous inspection which was conducted in 2002. Installation of the fence posts would have required limited soil excavation at the margin of the AUL area. ACTION(S)TO BE TAKEN AND DEADLINE(S) FOR TAKING SUCH ACTION(S): (1) The pothole must be repaired; (2) A pavement inspection and maintenance plan must be prepared; and (3) Documentation of the repair to the pothole and a copy of the plan must be submitted to the Department. NORTHAMPTON,RTN 1-00647 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Complete the actions specified above and submit a Post-Audit Completion Statement in accordance with 310 CMR 40.1170 on the form established by the Department. It should be sent to the attention of David Bachand by 90 days from the date of this Notice. A copy of the Post- Audit Completion Statement form(BWSC-111)can be located on the Department's web site at the following address: http://www.state.ma.us/DEP/bwsc/files/forms/pdfforms/bwsc-111.pdf. If the required actions are not completed by the deadlines specified, an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. The Department reserves its rights 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 action, including administrative penalties imposed by the Department. For the Department of Environmental Protection: This 6d dxoal eap is kingraded to)au devon'vYA bpbe DepNw■aDe eaanW praoMia.A tlptd apr dab brunt Is a Sc at&e DR Ate Med oe the letterhead. Date: By Anna Symington Deputy Regional Director Bureau of Waste Site Cleanup Forntef CityAuto R' s110 Pleasant Street contact Porson.lm Elfman,Iris Realty,LLC Phone: (413)532-5100 V Q U19(fill jg by Screening/Oft ce ' SITE INSPECTION (filled out by Field Staff) ecorded: 15/97 Description of AUL meant rune of fling: ❑Building(s) 1T Pavement❑Cap/Cover ❑Grassed/Landscaped ❑Other Property ®Portion ❑Unclear relevant mnfonnAUL area(s}?, 't a Boundaries of AUL area(s)identifiable? ZYes❑No Complete access to all AUL area(s)? ZYes❑No Evidence of recent excavation/disturbance? ZYes • No Evidence of recent construction? ❑Yes®No Dyers: ❑ Remediation Waste present? •Yes Z No Indication of potentially serious site conditions? •Yes y No mal details/other Other Notes: wood fence installed around property and gate at Pearl Street entrance. No unpaved surfaces. V photo 1 PERMITTED ACTIVYtiES AND USES; OBSERVED ACTIVITIES AND USES sidential immerciai creation nerciai/Industriai a of the Property cavities are :""Groundskeepingand trusive to the ❑Daycare ❑School ❑Playground ❑Industrial ❑Excavation ❑Construction ❑ Residential • Daycare ❑ School ❑ Playground ../ Commercial ❑ Industrial • Excavation • Construction ❑Recreation Comments: 9' ,. s n+ ti , sS' activities consistent with..the use of the as a cotnmerclalenterpfse,provided non-intrusive into the soil,and limited to the maintenance activities that are soil and limited to the surface." Used car dealership VIOLATION OBSERVED: Z No ❑ Yes ❑Possible OBSERVED ACTIVITIES AND USES ❑ Residential • Day Care ❑ School ❑ Playground • Park • Recreation sidential" ryground instruction naming:type rs/Landscaping Details/Conditions: pay Care flgchool :park ❑R.ecreatiom '❑ ❑ Construction ❑ Excavation • Disturbance i4 Excavation ISis'(lubattce ❑.FruitsNeggies ❑ "Groundwater development or use" • Gardening: type❑ FruitsNeggies ❑ Flowers/Landscaping Comments: urface Excavation/Construction""Agricultural""Mi g' r such activities and uses which,in the=iminionof an LSP, the potential for dermal,ingestaan,or inhalation exposure [contamination,subject,hiswever,to theprovisions set in paragraph I above" VIOLATION OBSERVED: ®No • Yes ❑Possible OBLIGATIGNS AND CO1M TIO$S OBSERVED CONDITIONS ®Pavement ❑ Cap/Cover/Liner ❑ Signs/Notices Comments: aintam Pavement ❑Ivlaintaln otlrer /coverilmer Al Mgnmt Plan(SMP).❑'fie"alth ,4afoty$lan(HSP) Fauttatn Signs/Notices Other/IlbtailarConditions: o construetiOnof sdbsurfacbsanctums subject inhuman,. rancy(manholes,basements,etc.)without appropriate opment of H&S Plan and plat for disposal:of coutaminat d (2)Notify LSP of any subsurface work which could expose ens to subsurface soils(includes utilities).(3)Management port,and disposal of excavated fultdobris must be stem with a9;3egui§AonS. : ' .v,, Sketch attached to thi form? (IYes ..�No Asphalt condition fair to poor,some cracking and one obvious pothole with exposed soil approx. 12 inch diameter. Cars on lot blocked visual inspection of pavement in portion of AUL area V photo 2 VIOLATION OBSERVED: • No ❑Yes 1. Possible pletedby:Loretta Howes DaSe:6/21/99 ' Completed by: David Bachand Inspection Date: 1/11/06 VALL.PATRICK vernar EomY P.MURRAY %tenant Governor Commonwealth of Massachusetts Executive Office of Energy&Environmental Affairs Department of Environmental Protection Western Regional Office•436 Dwight Street, Springfield MA 01103.413-7841100 September 7, 2012 his Realty,Inc. 1607 Northampton Street Ilolyoke,MA 01040 Attn: Ira Elfman,President RICHARD K SULLIVAN JR. Secretory KENNETH L.KIMMELL Commissioner Re: Northampton, RTN 1-00647 Former City Auto Repair 110 Pleasant Street NOTICE OF AUDIT FINDINGS AUL AUDIT INSPECTION Dear Mr. Elfman: On August 30,2012,the Massachusetts Department of Environmental Protection(the Department) conducted an audit inspection at the location identified above. In particular,the audit inspection focused on the area subject to a Notice of Activity and Use Limitation(AUL),to evaluate whether the requirements of the AUL were being met. This Notice informs you of the results of the Department's audit. DETERMINATION The Department did not identify any violations of the requirements applicable to the AUL at the site. A copy of the completed AUL Field Inspection Fenn is attached. LIMITATIONS The audit inspection did not include a compliance review of the Response Action Outcome (RAO) Statement or Notice of AUL instrument. The RAO and AUL for this site received compliance reviews during a previous audit. The current audit was focused primarily on compliance with the obligation and maintenance conditions set forth in the AUL Notice. The Department's findings were based upon the certainty of the information reviewed during the audit. These findings do not: (1)apply to actions or other aspects of the site that were not reviewed in the audit;(2)preclude future audits of past,current,or future actions at the site; (3)in any way This Information Is available In alternate format.Call Michelle Waters-Ekanem,Diversity Director,al 617-292.575 DOM 1.866.589-7622 or 1417-574.6868 Mas3DEP Website:vxnv mass gc rdep Printed on Recycled Paper NORTHAMPTON,RTN 1-00647 2 NOTICE OF AUDIT FINDINGS constitute a release from any liability,obligation,action or penalty under M.G.L.c.21E,310 CMR 40.0000, or any other law,regulation,or requirement;or(4)limit the Department's authority to take or arrange,or to require any Responsible Patty 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 letter,please contact Rebecca Woolley at 413-755-2263. Please reference Release Tracking Number 1-00647 in any future correspondence to the Department regarding the site. Sincerely, Rebecca�Itccc- Rebecca Wool D viromnenta alyst John Sectio Ch ',Audits/Site Management Bureau . aste Site Cleanup Attachment: AUL Field Inspection Form &AUL Sketch Plan ec: Northampton Chief Municipal Officer Northampton Health Department Derrick Bruce,DEP WERO Data Entry: AUL/SNAUDI; AUDCOM/NAFNVD; FLRDRUN 08/30/2012 MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION Western Regional Office/Bureau of Waste Site Cleanup AUL FIELD INSPECTION FORM RELEASE TRACKING NUMBER 1- 00647 TOWN: NORTHAMPTON Name: Former City Auto Repair ress: 110 Pleasant Street Contact Person: Ira Elfman,his Realty,LLC Phone: 413-532-5100 L INFORMATION(filled out by Screening/Office Stajn SITE INSPECTION (filled on by Field Staff) lie Recorded: 7/25/97 Description of AUL area at time of filing: Boundaries of AUL Complete access to all Evidence of recent excavation Evidence of recent construction? Remedialion Waste Indication of potentially Other Notes: Mr.Ira area(s)identifiable? y Yes ❑No AUL area(s)? 0I Yes El No • Building(s) ®Pavement ❑Cap/Cover ❑Grassed/landscaped ❑Other: Property .1 Portion • Unclear relevant info on AUL areas): /disturbance? ■Yes a No Elves ®No present? DYes ®No serious site conditions? ❑Yes El No Elfrnan(President)of Iris Realty, LLC for the inspection. The boundaries of the identified. L covers: ❑ itional details/other provided verbal access AUL area were roughly PERMITTED ACTIVITIES AND USES OBSERVED ACTIVITIES AND USES • Residential ❑ Daycare ❑School • Playground desidential • Daycare ❑School ❑Playground Commercial @I Industrial • Excavation • Construction 4 Commercial • Industrial ❑Excavation • Construction Recreation Other/Details/Conditions: 1)Commercial and ❑Recreation Comments: istrial activities that are consistent with use as a commercial rprise provided such activities are non-intrusive into the soil, limited to the surface.2)Grounds keeping and maintenance cities which are non-intrusive to the soil and limited to the ace. The property is currently VIOLATION OBSERVED: a used automobiles sales dealership. 1L No • Yes ❑ Possible tNCONSISTENT/RESTRICTED ACTIVITIES AND USES OBSERVED ACTIVITIES AND USES Residential Playground Construction dening-type: er/Details/Conditions: ❑Day Care ■ School • Residential ❑Day Care • School ❑Park • Recreation • Playground • Park ❑Recreation 2 Excavation • Disturbance • Construction ❑ Excavation • Disturbance Ill FruitsNeggies i1 Flowers/Landscaping Gardening-type: ■ FruitsNeggies ❑Flowers/Landscaping I)Groundwater development or use. Comments: or activities were observed. dining.3)Other such activities and uses which,in the opinion in LSP,offer the potential for dermal,ingestion,or inhalation osure to soil contamination. No inconsistent uses VIOLATION OBSERVED: El No • Yes ❑Possible OBLIGATIONS AND CONDITIONS OBSERVED CONDITIONS Maintain Pavement Soil Mgmt Plan Maintain Signs/Notices No construction :upancy(manholes, ielopment of H 1. 2)Notify LSP rkers to subsurface asport,and disposal h all regulations. ■ Maintain other cap/cover/liner 0rt Pavement • Cap/Cover/Liner ❑Signs/Notices in the AUL area is in fair condition.Evidence such as patches and crack scaling,was ®No • Yes ❑Possible (SMP) ®Health&Safety Plan(HSP) Other/Details/Conditions: Comments: The asphalt paving of asphalt maintenance, observed. of subsurface structures subject to human basements,etc.)without appropriate &S Plan and plan for disposal of contaminated of any subsurface work which could expose soils(includes utilities). 3)Management, of excavated fill/debris must be consistent )L Sketch attached to this form? -®Yes • No VIOLATION OBSERVED. mpleted by: Loretta Howes Date: 6/21/99 Completed by: Rebecca Woolley Inspection Date: 8/30/2012