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