110 (City Auto Repair) Letters 1990-2012)ANIEL S. GREENBAUM
Commissioner
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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
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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
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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
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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:
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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