Loading...
118 Letters 1997-2014'GEO PAUL CELLUCCI senior COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE August 13, 1997 Tri-County Sales Company, Inc. 118 Conz Street Northampton, MA 01060 Attention: Delores Doe Re: Northampton 118 Conz Street RTN #1-11952 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L. c. 21E and 310 CMR 40.0000 Dear Ms. Doe: TRUDY COXE Secretary DAVID B.STRUMS Commissioner On August 12, 1997 at 3:55 P.M. , the Department was notified of a reportable release of kerosene at the above-referenced site. In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. The Department has reason to believe that the release/threat of release you have reported is or may be a disposal site as defined in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP") . The Department also has reason to believe that you (as used in this letter "you" refers to Tri-County Sales Company, Incorporated) are a potentially responsible party (PRP) with liability under Section 5A of M.G.L. c. 21E. This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in said Section 5A. This liability is also "joint and several", meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages PRPS to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. For your convenience, a summary of liability under M G L c. 21E is attached. You are reminded that you were advised by the Department that the following response actions were approved as an Immediate Response Action (IRA) : The IRA consists of the excavation and stockpiling of up to 100 cubic yards of kerosene-contaminated soils. The Department requires the disposal of any contaminated media in accordance with Department regulations. 136 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)746-6620 • Telephone(413)784-1100 (20%Post Consumer) Specific approval is required from the Department for the implementation of all IRAs with the exception of assessment activities, the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to the filing of an IRA Completion Statement and/or Response Action Outcome (RAO) statement. The MCP requires that a fee of $750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional (LSP) . You may contact the LSP Board of Registration at 617/556-1145 to obtain the current LSP list. If you have any questions relative to this notice, you should contact John S. Bourcier at the letterhead address or (413) 784-1100 extension 312. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Very truly yours, Dewed Siyi-dip David A. Slowick Section Chief Emergency Response Section P:\11952.RNF /kml Certified Mail #P 348 034 957 copy: Northampton Fire Department Health Department Mayor's Office Kevin Sheehan-Environmental Compliance Services Attachments: Release Notification Form; BWSC-003 and Instructions Summary of Liability under m.u.L. c. ilE cs Via Certified Mail Mayor Mary Clare Higgins City of Northampton 210 Main Street Northampton.MA 01060 May 5,2006 File No. 204030 Document No.30983 RE: 118 Conz Street Northampton MA 01060 RTN 1-15737 588 SILVER STREET AGAWAM. MA 01001 413-789-3530 FAX: 413-789-2776 WWW.ECSCONSULT.COM Dear Mayor Higgins: On behalf of Gretna Green Development Corporation,Inc.,Environmental Compliance Services. Inc.(ECS) submitted a Tier Classification Submittal for a Tier II Site and the Tier Il Compliance History, a Phase I Completion Statement, and a Phase H Conceptual Scope of Work supporting a Tier Classification Submittal. to the Massachusetts Department of Environmental Protection (DEP)on May 2, 2006. A copy of the report can be obtained by contacting the Department of Environmental Protection,436 Dwight Street, Suite 402 Springfield, MA 01103. If you should have any questions concerning this submittal,please do not hesitate to contact our office. Sincerely. ENVIRONMENTAL COMPLIANCE SERVICES.INC. klovd Kelly L. Doherty Project Manager KLD/smj cc: Board of Health-Via Certified Mail Massachusetts DEP-Via Certified Mail 31, HADDAM.;OLUMBUSCOH ROCHESTER, NY BRATT EBORO. VT RICHMOND, VT WAKEFIELD,BOW. NHMA ;CS Via Certified Mail Mayor Mary Clare Higgins City of Northampton 210 Main Street Northampton, MA 01060 August 24,2006 File No. 01-204030 Document No. 31683 RE: 118 Conz Street Northampton,MA RTN 1-15737 588 SILVER STREET AGAWAM, MA 01001 413-789-3530 FAX: 413-789-2776 WWW.ECSCONSULT.COM Dear Mayor Higgins: On behalf of Greta Green Development Corp., Environmental Compliance Services,Inc. (ECS) submitted a Immediate Response Action (IRA) Status Report to the Massachusetts Department of Environmental Protection(DEP)on August 23, 2006. A copy of the report can be obtained by contacting the Department of Environmental Protection, 436 Dwight Street, Suite 402 Springfield, MA 01103. If you should have any questions concerning this submittal,please do not hesitate to contact our office. S.ncerely, ENVIRONMENTAL COMPLIANCE SERVICES,INC. ‘KMII Kelly Project Manager KLDlsmj cc: Board of Health-Via Certified Mail Massachusetts DEP- Via Certified Mail ICJ HADDAM, CT TAMPA, FL AGAWAM, MA AUBURN. MA WAKEFIELD, MA RTHINGTON, OH ROCHESTER. NY BRATTLEBORO, VT RICHMOND, VT Bow. NH DEVAL L PATRICK Governer Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100 RICHARD K SULLIVAN JR. Secretary KENNETH L KIMMELL Cornmsstoner CERTIFIED MAIL 7007 0710 0003 2182 3281 March 11, 2014 Gretna Green Development Corp. 272 Exchange Street Chicopee,MA 01014 Attention' Mr John Auth Dear Mr. Auth: Re: NOTICE OF NONCOMPLIANCE Northampton, 118 Conz Street RTN: 1-0015737 NON-WE-14-3021 Failure to Properly Manage Remediation Waste The Department of Environmental Protection("MassDEP"or the"Department")has determined that you(in this letter"you"refers to Gretna Green Development Corp.) are not in compliance with one or more requirements enforced by the Department. The Department's records indicate that you are a Potentially Responsible Party(PRP)for one or more releases of oil and/or hazardous materials at the disposal site(the site)named above. As of the date of this Notice,you are not in compliance with regulatory requirements for managing Remediation Waste at the disposal site. Specifically,you failed to remove Remediation Waste meeting the criteria defining a listed or characteristic hazardous waste within 90 days of its initial excavation. If the required actions are not completed by the deadline specified below,an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. Such a penalty may be assessed in an amount of up to$1,000.00 per violation per day. Attached is a Notice of Noncompliance that describes(I)the requirement violated, (2)the date and place that the Department asserts the requirement was violated,(3)the specific action which must be taken in order to return to compliance and(4)the deadline for taking such action. These requirements are governed by Massachusetts General Laws Chapter 21E and the regulations adopted thereunder(310 CMR 40.0000—the Massachusetts Contingency Plan or"MCP"). Please consult the MCP for the complete explanation of these requirements. The MCP may be viewed on This Information Is available in alternate format Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TOO#1666.509.7022 or 1617-574-6068 MassDEP WeOsite:www.massgoNdep Printed on Recycled Paper NON-WE-143021,RTN: 1-0015737 Page 2 the Department's web page at http://www.mass.gov/dev/cleanut,/laws/regulati.htm. Copies may be purchased through the State Book Store in the State House(617-727-2834) 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. You must employ or engage a Licensed Site Professional (LSP)to manage, supervise or actually perform all response actions which you intend to undertake at this disposal site. You may obtain a list of the names and addresses of LSPs by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at(617) 556-1091 or via the following Internet link: http://public.dep.state.ma.us/LSP/lspsearch.htm. If you have any questions about this Notice or any of the requirements contained in it,please contact Catherine Wanat at 413-755-2216. In responding to this Notice of Noncompliance, please reference the Release Tracking Number, RTN 1-15737, and the Enforcement Tracking Number,NON-WE-14-3021, to ensure proper tracking of your response. Sincerely, Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail 7007 0710 0003 2182 3281, Return Receipt Requested Enc. Notice of Noncompliance ec: Northampton Mayor's Office Northampton Health Department Daniel Felton,LSP-of-Record Denise Andler,DEP-WERO Derrick Bruce,DEP-WERO NON-WE-14-3021,RTN:1-0015737 Page 3 NOTICE OF NONCOMPLIANCE NON-WE-14-3021 RTN 1-15737 THIS IS AN IMPORTANT LEGAL NOTICE. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Gretna Green Development Corp. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: RTN 1-0015737— 118 Conz Street,Northampton DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: December 5,2013—deadline for removal of Remediation Waste from the disposal site DESCRIPTION OF REQUIREMENT NOT COMPLIED WITH: Violation of 310 CMR 40.0031(7)(6)All Remediation Waste shall be removed from a disposal site as soon as possible,and in all cases within 90 days of its initial excavation or collection,if such Remediation Waste meets the criteria defining a listed or characteristic hazardous waste. According to the Release Abatement Measure(RAM) Status Report submitted on January 3, 2014,30 cubic yards of soil contaminated with tetrachloroethylene (PCE)were removed from beneath the concrete slab of the on-site building on September 5,2013. The RAM Status Report states that soil samples were collected for quantitative analysis from the 0.5 to 2 ft. and 2 to 4 ft. depth intervals,both prior to excavation and following stockpiling. The analytical data sheets were not provided,but the results for the shallow interval were reported as 61,700 pg/kg PCE (pre-excavation)and 53,600 pg(kg PCE(post-excavation). For the deeper interval,the results were reported as 2,690 tg/kg PCE(pre-excavation) and 13,300 ug/kg PCE(post-excavation). The contaminated soil was removed from beneath a former dry cleaning building, indicating it would be considered a listed hazardous waste(F002). A RCRA Contained-In Determination to document that the soil is no longer considered a hazardous waste pursuant to state(310 CMR 30.00) and federal hazardous waste regulations has not been submitted,and is unlikely to be supported,given the level of PCE contamination reported for the excavated soil The Phase V Remedy Operation Status Report submitted to MassDEP on February 28,2014 indicated that the Remediation Waste remained at the site. The Remediation Waste was observed at the site during a MassDEP site inspection on March 3,2014. NON-WE-14-3021,RTN:1-0015737 Fags 4 ACTION TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION: On or before May 1,2014, submit to the Department documentation that the Remediation Waste(PCE-contaminated soil)generated as part of the Release Abatement Measure at the site has been removed from the site and managed in accordance with the provisions of 310 CMR 40.0031(5)and 310 CMR 30.000. If the required action is not completed by the deadline 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: Date: ////V - Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup