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459 Letters 1988-2015 ‘771& / 4 , / g 6atti,.e„t gfSao _ S ee hy Western, Ora, ;REBNBAUM onod HIGGINB 4>g_784-f>pp J ohraor OCT 2 1989 Mathew Pitoniak 195 MA 01060 Re: 459 Pleasant Street Northampton NOTICE OF RESPONSIBILITY pear Mr. Pitoniak: The Department has received a written report. by Certified Engineering & Testing Carpany, dated 8-30-89 concerning environmental a viro� l conditions tions at 492 Pleasant Street, Northaton• In this report analysis of groundwater Well installed at 459 Pleasant Street, Northampton, vealed gh concentrations of volatile organic compounds associated with gasoline. Groundwater flaw direction indicates that this contamination may be from a source on your property at 459 Pleasant St. This condition constitute' a release and/or threat of release of oil or hazardous materials fran the site. The prevention and/or mitigation of such a release or threat of release is governed by M.G.L. eh. 21E, the nMaCSachtusetts Oil and Hazardous Material Release, Prevention and Response Act.” Chapter 21E identifies as responsible parties the current aowner or or operator of a site from or at which there al; has been owner or operator of fesudh of oil; ar hazardous who directly or indirectly arranged forrater rf such a site; any person for the transport, sigh a as, storage anye person treatment transported of orterd�ardaus materials to or at ssit a and any p personottr� caused or is materials to such a site; and any orrSo of release at,such a belly responsible for a reteses or a threat site. Such parties are Jointly y and severally liable without regard to fault (M.G.L. ch. 21E, section 5(a)) . This letter is to inform you in writing that: (1) Information available to the Department indicates that you may be a liable party pursuant to section 5(a) as dess` i above; Department is authorized pursuant to M.G.L. eh. 21E The(2) sections 3A(j) and 4 to take such response actions at the site as it de should you fail to respond to the release or threat of ems of appropriate and timely manner; and Original Printed on 100% Recycled Paper (3) You may take the prescribed response actions in lieu of the Department. Your liability noted in (1) above may include up to three (3) tines the cost of any and all response actions conducted by The Department due to the releavn/threat of releaea, including all contract, administrative, and personnel costs. In addition, you may be liable for all damages for any injury to, destruction, or loss of natural resources relnacA/threat of releaA. Additional liability ray berin each violation M.G.L.G.of chi. 21E section 11 in the form of fines or penalties 21E. Your liability constitutes a debt to the Commonwealth The debt, together with interest, constitutes a lien on all of your property,in the lien, Commonwealth. In addition to the foreclosure r� that debt or the part of then Attorney General of t the Commonwealth Yoou be liable for additional penalties or it in an action against ros• You may damages pursuant to other statutes or common law. The t has determined that the referenced property is a Location to be Investigated v n (Ind) pursuant to 310 OR 40.520-522, and that a Preliminary Asses nt and Phase I - Limited Site Investigation mist be completed at this site in accordance with 310 C'1R 40.541 and 310 (MR 40.543, respectively. The need for Short Term Measles (310 O R 40.542) should be evaluated throughout this process and the final report should include a completed of smirk for Site Classification System form (310 C'1R 40.544) and a scope feed. Phase II - Comprehensive Site Assess nt (310 C R 40.545) , if If you intend to undertake the required actions, you must notify the Department in writing of your intent no later than seven (7) days from the contract with an environmental consultant date leu of f this this and a d acce le to theDepartment. Your cansule nt pustobeing able work and acceptable a Preliminary Assessment, consultant mist be aSit to vestit to n report,port, thheet�ipleted Interim Disposal a Phase I -Classification Site Inform, and a scopetof work for Phase II, if needed, Site Clater thaninn etstein )form, and a the date no later than ninety (90) days from the date of this letter. Depending on the information generated by the above work, the Department may reeuire additional investigations, studies, and actions. If you fail to take these actions or if you fail to perform these tasks in accordance with the «Ment may perform response actions in the Department's recover up to three (3) times its costs from you in accordance your stead and recover up with the provisions described above Regardless of who performs the necessary work at the site, you may be liable Department's response action casts. Response action costs for all the or ed by Department employees include the cost of direct hours for work actions, any expenses incurred by the in overseeing in or ports of those for response as well as payments to the Department in ontract of those dreede hours, regulations Department's contractors (for more detail see the cost recovery egul at 310 C•1R 40.600 et set•) • not hear from you within the time specified above, the If the Department does that you have refused to accept responsibility for the Department The wep assure Y response actions, and site. The Department re v wtol the full thereafter commence th bilin will expect to recover to the full extent of the liability set forth above. estions regarding this natter, plPaw contact Ted Tokarz of If you have any gu this office. Very truly yours, F Joy Regional Engi Bureau of Waste Site Cleanup TT:tiuz WSC001S:pit Certified Mail #P822034587, return receipt requested cc: Stephen DeGabriele, Boston Northan4pton Board of Health Northampton Board of Selectmen 3REEN BALiM iaS loner 14at es S � geytha, 4s641wr Ott ereed, ,f r.Ld .,rasa 0/10s 473-764-1100 007 2 3 1989 HIGGINS I Director Pleasant Journey Used Cars, Inc. 459 Pleasant Street Northampton, MA 01060 Attn. Mr. Robert Kalish Mr. John Guillot Re: 459 Pleasant Street Northampton Case #1-0705 NOTICE OF RESPONSIBILITY Fear Sirs: t has received a written report by Certified Engineering & Test wring The De partmen Company, dated 8-30-89 concernireg environmental conditions at 492 Pleasant Street, Northampton. In this report analysis of groundwater from a monitoring well installed at 459 Pleasant Street, Northampton, revealed high concentrations of volatile organic compounds associated with gasoline. Groundwater flow direction irdica459 that ee this contamination may be from a source on your property ✓ Pleasant St. This condition constitutes a releaep and/or threat of releau of oil or hazardous materials from the site. The prevention and/li itigationhof such a releaeP or threat of releaee is governed by "Masud ' etts Oil and Hazardous Material Release, Prevention and Response Act." Chapter 21E identifies as responsible parties the current owner or operator of a site from or at which there is or has been a release or threat of relPaee of oil or hazardous material; directly he' p�asttrowner or arranged operator of such a site; any person for the transport, disposal, storage or treatment of hazardous materials to or at such a site; any person who transported hazardous materials to such a site, and any person who otherwise caused or is legally responsible for a release or a threat of releRee at such a site Such parties are jointly and severally liable without regard to fault (M.G.L. ch. 21E, section 5(a)) . This letter is to inform you in writing that: Information available to the Department indicates that you may be a liable s e party pursuant to section 5(a) as desrribed above; (1) E (2) The D rrtirtimnt is authorized pursuant to M.G.L. dh. at 21Ehe site as it sections 3A(j) and 4 to take such response deems necessary should you fail to respond to the release or threat of release in an appropriate and timely manner; and Original Printed on 100% Recycled Paper (3) You may take the prescribed response actions in lieu of the Department. above may include up to three (3) times thecost Your any liability nll noted in (1) the Department due to the of any and all response relefl actions conducted.r alcontract,ct administrative, and person personnel st of Ieladdi in, you m be liable for all damages for any injury cdest. Inn,addition, you natural es due to the releas /t eattofcrels o. loss of natural r under M.G.L. release/threat 21E of in the e. Additional if fine for penalties foru��iolation of Ch. 27.E section 11 in t fors of fines or pens chapter 21E. Your liability constitutes a debt to the Comronwcal th. The debt, together with interest, Constitutes a lien on all of your property in the Commonwealth. In addition to the foreclosure remedy provided by the lien, the Attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may be liable for additional penalties or damag es pursuant to other statutes or coTcn law. The nvestigate has BI)determined a thto the CMR referenced property and is a Location to iminary be Investigated (CYST) pursuant to 310 C[� 40.520-522, and that las Assessment and Phase I - Limited Site Investigation must be completed The in accordance with 310 CtR 40.541 and 310 40.543, respectively. need for Short Term Measures (310 C:R 40.542) should be evaluated throughout report should include a completed Interim Disposal Site process and the final roro of work for a Site Classification System form (310 Q'iR 40.544) and a scope Phase II - Comprehensive Site Assessment (310 C4R 40.545) , if needed. If you intend to undertake the required actions, you must notify the Department in writing of your intent no later than seven (7) days from the date you received this letter and contract with to the Department•consultant capable of performing this work and acceptable t a Preliminary Assessment, consultant must be able to sukanit to the Depart completed nary As essment, a Phase I - Limited Site Investigation report, the for Phase III, if needed, Site Classification System form, and a scope by no later than ninety (90) days from the date of this letter. on the information generated by the above work, the Department may Depending investigations, studies, and actions. If you fail to take these actions additional iyousfail perform these tasks in accordance with the these men's eq if you fail to e t may perform response actions in Department's recover up, there 3 times its costs from you in accordance your stead and recover up to three ( ) with the provisions d crribed above be liable Regardless of who performs the necessary work at the site, you may 's response action costs. Response action costs include all the Department's performed by Department employees incovee the g or of direct hours for seractti ns, expenses incurred by the in overseeing or arranging for response as well as payments to the Department in support rs those direct hours, regulations Department's contractors (for more detail see the cost recovery �l at 310 aIR 40.600 et se, •) • the does not hear from you within the tine specified above,If the Department that you have refused to accept responsibility for the Department The Department tment thereafter cnmrer>ce response actions, and site. The Dtoar ve wtol serf +her will expect to recover to the full extent of the liability set forth above. If you have any questions regarding this matter, please contact Ted Tokarz of this office. Very truly yours, . Joyce Regional Engineer Bureau of Waste Site Cleanup TT:lanz WSCOO1S:pit Certified Mail 0790127720, return receipt reguested c: Stephen DeGabriele, Boston Northampton Board of Health Nortlton Board of Selectmen GREENBALM HIGGINS al DirEam laxeeuGue, (9/ke dicCi/izmunetzla/.41 ", tai..1 stsaa4ly !r9 Oe�artazenG of(->irironinert . (� t2eei'tty. )es!<yn gAyion a,96 L%ueyir/ .//.,,/. , Via ..{lass•. e//acY r/78-X 1/00 'leasant Journey Used Cars, Inc. 59 Pleasant Street 4orthampton, Massachusetts 01060 5ttn: Mr. Robert Kalish Mr. John Guillot AAUL 2 2 1990 Re: 459 Pleasant Street Northampton, MA Case # 1-0705 Dear Sirs: The Department of Environmental Proetection is in the process of reviewing the Preliminary Assessment Report, Interim Site Classification Form, and Phase I - Limited Site Investigation Report on the Pleasant Journey Used Car, Inc. property located t Pleasant in Northampton, nus e beens bmtedoy ur Street ehalf by Certified Engineering and Testing Company of Weymouth, Massachusetts. Those reports indicate that the property is currently occupied by a used car dealership and an automobile repair garage. The site was previously part of the Staab service station property. At one time there were four underground storage tanks located on the property, but those were removed in 1984. When the Staab service station was in operation, there was also a pump island located on the eastern side of the property that was reportedly supplied by underground storage tanks located on the other side of Pleasant Street at what is now the 492 Pleasant Street (carwash) property. A subsurface investigation was conducted at the Pleasant Journey property in response to allegations that contamination at 492 Pleasant Street had its origins on the Pleasant Journey property at 459 Pleasant Street. A Notice of Responsibility was issued to the owners of Pleasant Journey Used Cars on October 23, 1989. A total of three additional groundwater monitoring wells were installed at the site (one was available from the investigation of 492 Pleasant Street) and groundwater was subsequently nNovember sof for volatile compounds via surveyed Eo a elatie datum, and depths to groundwater were collected and used to determine the groundwater flow direction. Original Printed on 100% Recycled Paper Ijourn - Page 2 Results of the subsurface investigation indicated that groundwater was migrating o the east in the direction of Pleasant Street and that high levels of volatile organic :ompounds characteristic of gasoline contamination were detected in monitoring wells \4W-1 and MW-4 during the November, 1989, sampling round. Previously, very high .evels (in excess of the solubility) of the same compounds were detected in well MW- 1 in August of 1989. A thin layer of free-phase product was noted in well MW-1 during sample collection in November. Before the review of the Phase I report can be completed, the Department requests that an additional round of groundwater samples be collected from all monitoring wells on the Pleasant Journey property. These samples should be analyzed for volatile organic compounds via EPA method 624. At the time of sample collection, water levels should be measured in all of the wells and a new groundwater contour map should be constructed. If possible, an effort should be made to gain access to the monitoring wells at 492 Pleasant Street, and those wells should be sampled and gauged at the same time to better determine the relationship between contamination on both sides of the street. In addition, a vapor survey should be conducted in all basements, utilities, and manholes in the vicinity of 459 Pleasant Street and a soil gas survey that takes into account potential migration pathways should be performed. The above-requested information should be submitted to the Department within 30 days of the date of this letter. Should you have any questions regarding the contents of this letter, please contact Alan Weinberg or Gail Batchelder of this office. Very Truly Yours, ifi$'n . Joy ev Regi al Eng eer Bureau of Waste Site Cleanup SFJ:GLB:glh WP:pljourn.let cc: Atty. James J. Pieri Atty. Brian Feeney Board of Health, Northampton Office of the Mayor, Northampton Department of Public Works, Northamton EL S. GREENBAUM commisstoner OHN J. HIGGINS Regional Oil MKS S7 WOMMZ2 M' rifiSa.C1 e2xecateve elftee ott&C �94,v719,zat1 _ Yr �l.36 geallaie .AC eet. .%t4le a Ads. Off03 R7/1/ July 17, 1992 ?leasant Journey Used Cars, Inc. 159 Pleasant Street Iorthampton, MA 01060 Attn: Robert Kalish RE: Northampton 1-0705 Pleasant Journey Used Cars M.G.L. c. 21E Approval of Short Term Measure Dear Mr. Kalish: ent) The Department of Envir a onmenta letter)regarding)an proposed DShortmTerm Measured July 7 , Measure (STM) at Pleasant Journey Used Cars located at 459 Pleasant Street in Northampton. This letter was submitted on your behalf by your attorney, Kathaleen N. Finamore. With this letter was enclosed a report/proposal from your consulting firm, Cold Springs Environmental, regarding groundwater flow data and the proposed STM for the above referenced site. According to the received report/proposal, Cold Springs Environmental completed groundwater flow monitoring at the above referenced site on April 29 , 1992. It was determined that groundwater flowed northeast across the site, and that MW-4 contained one and one-half inches of non-aqueous phase liquids (presumably gasoline) on the water table. Your consultant is proposing a STM consisting of the following actions: (1) Product will be bailed daily from MW-4 using a deed ated PVC bailer. Less frequent bailing is prop , insufficient product recharge occurs to the well. (2) The collected product will be stored in 55 gallon drums (3) in a secure on-site location prior to disposal by a licensed hazardous waste transporter. A log will be kept showing the date and amount of product/water recovered from the well. (4) Quarterly reports will be made to the Department and will include a letter of progress, an Observation Well Gauge Report, a site plan showing the direction of groundwater flow and the product recovery log. All personnel performing on-site gauging and bailing will be shown proper use of equipment, both technical and protective. he Department approves the above proposed STM with the following ;ondit ions: (1) The STM is limited to a time period of 2 months At that time your consulting firm should evaluate the effectiveness of the STM and report it' s conclusions to the Department. A determination will be made at that time as to whether the STM may be continued or if other measures should be taken. (2) Reports must be submitted to the Department on a monthly basis, rather than on a quarterly basis. The report must include the items that were mentioned in the proposal above. The local fire department must be contacted prior to start up regarding the storage of non-aqueous phase liquids (presumably gasoline) on site. (4) A health and safety plan must be prepared and implemented. The implementation of this STM must be in compliance with all applicable local, state, and federal requirements, including, but not limited to OSHA regulations. You and for obtaining all applicable approvals and ensuring that site activities and conditions do not violate the requirements set by these authorities. (6) The possibility that the product may have migrated off site must be investigated. A proposal for investigating any possible off-site migration must be submitted within (5) (3) (5) 30 days of the date of this letter. ank you for your cooperation. If you have any questions tgarding this matter, please contact Juliana Vanderwielen at this :f ice. Very truly yours, da -,, 2t C/Jw Catherine G. Wanat Acting Regional Engineer Bureau of Waste Site Cleanup W:JV CSC-116: 1-0705.stm :c: Alan E. Weiss, Cold Springs Environmental Kathaleen N. Finamore, Attorney at Law Northampton Board of Health Northampton Fire Department Mayor' s Office, City of Northampton S.GNEENSAUM 3ommisaloner IN J. HIGGINS ,ymo8I Director 5A g ,zar-aa ISZehtla e7xecaltece o .142,avac.nonee 9 „t het, cri.i,. z -Y36 gev.gie ./C,ee1.. ,./".`Fp `h( Ada. 07/03 (4413} 7d4'--1100 November 17 , 1993 ,asant Journey Used Cars, Inc. Pleasant Street rthampton, MA 01060 tn: Robert Kalish RE: Northampton 1-0705 Pleasant Journey Used Cars M.G.L. c.21E oval of Immediate Res.onse Action IRA ear Mr. Kalish: he Department of Environmental Protection (the Department)received a telephone roll on Ictober 29, 1992 from Alan Weiss of Cold Springs Environmental. He reported that fresh asoline product had been observed in monitoring wells associated with the Pleasant Journey Ised Cars site located at 459 Pleasant Street in Northampton. Twelve and one half inches f product was found in MW-9, 5 inches in MW-4 , and 1 inch in MW-12 (which is located n a neighboring property, the Page site). A draft site plan including the locations of these nd other new wells was faxed to the Department on November 1, 1993. Alan Weiss requested approval to bail the three wells with floating product. Verbal approval to bail the vells was granted by the Department. This written approval is the follow-up to the verbal approval. Bailing of the three wells with floating product (MW-9, MW-4 and off-site MW-12) is approved with the following conditions: (1) Product must be bailed daily from these wells using a dedicated PVC bailer. Product may be bailed less frequently, if insufficient product recharge occurs to the wells. (2) The collected product must be stored in 55 gallon drums in a secure on-site location prior to disposal by a licensed hazardous waste transporter. (3) A log must be kept showing the date and amount of product/water recovered from the well. (4) Monthly reports must be made to the Department and will include a letter of progress, an Observation Well Gauge Report, a site plan showing the direction of groundwater flow and the product recovery log. (5) All personnel performing on-site gauging and bailing must be shown proper use of equipment, both technical and protective. (6) The IRA is limited to a time period of 2 months. At that time, a written Immediate Response Action Plan must be submitted to the Department, pursuant to 310 CMR 40.0420(5). (7) The local fire department must be contacted prior to start up regarding the storage of non-aqueous phase liquids (presumably gasoline) on-site. (8) A health and safety plan must be prepared and implemented. (9) The implementation of this IRA must be in compliance with all applicable local, state, and federal requirements, including, but not limited to OSHA regulations. You are responsible for obtaining all applicable permits and approvals and ensuring that site activities and conditions do not violate the requirements set by these authorities. hank you for your cooperation. If you have any questions regarding this matter, please intact Stephen Ball at this office. Very truly yours, Catherine G. Wanat Section Chief, Compliance/Site Management Bureau of Waste Site Cleanup W:JV NSC-116: 1-0705.IRA x: Alan E Weiss, Cold Springs Environmental Kathaleen N. Finamore, Attorney at Law Northampton Board of Health Northampton Fire Department Mayor's Office, City of Northampton gations :stigations diction COLD SPRING ENVIRONMENTAL CONSULTANTS, INC. .e 11th, 1996 John Guillot ',asant Journey Used Cars , Pleasant Street rt:hampton, Ma . 01063 RE: Six Month IRA/Short Term Measure Plan Status Pleasant Journey Used Cars 459 Pleasant Street, Northampton,n92MAQg_021A DEP RTN 1-0705 , CSEC Ref . File ar Mr . G-uillot: is correspondence presents data cc1L ssachusetts Department of Environment :t vember 17 1993 regurring Emntnly we oduct bailing . In accordance win` bmit the following Six Month nmcaict t-_ terpret ation : A field log cf bailing r , ffcrt if MW-22 is v u e act - s -r data from and s _ 1 trooJot shish 1995 - thin well MW-12 from 1996 sheen r 3w i'dioct . Most other wells 1W r MW-5 Mr _0 and Ma-_ were rairtE consistent with sneens it 'd at various inspections . Gauging onrstglioun the t rather igh oundwater season showed minimal product i of passive product F iptember 26th, 1995 for )llection using absorbent era o . around calibrated well ricks that were set at the water/product T - t.- f _ e was cried in d product ,mcva' asults were e . with thA roduct accumulation r The rut excess redact, and reused or pl labeled collection ontainer after use. • Percolation Tests and Septic Designs • Regulatory Compliance • Recyclingand SolidWaste in response io ']ate Protection letter ;a sin.; and nee LFF requirements, data and uriundma .S_ Ampnitomingli . 25 gallons dr:galled Cu- he monitoring perio d. _- oath-„ of 350 Old Enfield Road• Rdchertcm n. MA 01 007• (413)3 5953 &323-4916 Fax_323- 2 : Mr . John Guillot weathered gasoline have oder, :rift' of product recovery during a period of rather freddeo tc 3 month "drought" period late June 17th, 1996 the wells . The HT . 7-11 from f .tr-r to after in the summer of 1995. measurements were not undnaer levels have into Ma . Ine current t; to continue current 4htie complete preundwater gaugirg wined over this period, regional erally risen until April and Then .- a shows the effectiveness and hetet cvery/bailing and inspection. have fcr-,.a raea copy cf tnis for your convenience _ ase feel free to contact roerely, d Spring Environmental Consul :in --- E. Weiss, M. S . esicect incipal Hvdrogeolodist ceased Site Professiona tachment I . Observatica Well =-_ tachment II : Bailing Field bogs ;- .pls rat2, wp-win . ?86. 666lri .: Ms . Cathy Wanat, Masa . CEP Northampton Health and Mayor's Office role CELLUCCI COMMONWEALTH OF MASSACHITSE• Ts EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAHLS DEPARTMENT OF ENVIRONMENTAL PROTECTION l� WESTERN REGIONAL OFFICE DEC 28 1998 i,J hew Pitoniak Street ■t, 125A Pleasant )ton, Ma 01060 DRTHAMPfON BOARD OF HEALTH TRUDY COXE Secretary DAVID B. STRURS Commissioner December 23, 7998 Re: Northampton,Site # 1-0905; Pleasant Journey Used Cars; 459 Pleasant Street. Establishment of Interim Deadline. Pitoniak: our consultant, Page Fallon, The Department received a letter from Y II, Comprehensive Site tuber 17, 19th' for submittal of the Phase i that the deadline 1999. senntt, be extended to January 28, deadlines not extend any of the " regulatory" can The Department however, advised that the Department can plan (MCP) . to proceed with be ad rth within enforcement discretion effect. the Massachusetts Contingent you while the set Interim Deadline is ish Interim Deadlines and utilize its ement actions against y Department' s view, sites that are not able to meet their regulatory deadlines will will remain so until such time when compliance is achieved. The by persons who are conducting response actions CMR noncompliance and a regulatory deadline, does not that 0560(5) 1 , of" Y in meeting delay,believes of delay notification of Y• ttu 40.0550 (5)n ut ti 4 extension applicable deadline. By the app Hance with 310 CMR 40.0550 (5) extension t° action ensures comp itute an automatic response ) 056n who is conducting the applicable deadline. only without affecting to submit any of the ).0560(5)dditi length of time 4of the that any delayed g as per 310 CMR 40. 0550 and lease note II through V) work. ]dditiof please de Actions (Phase subsequent Phase for the submittal of the subseq rehensive Resp January 28, not affect the deadline establishing 310 O 40.0161, is Phase 2 , pursuant to the Phase II and if applicable the this case, the Department, P submit 3, as an Interim Deadline for you to you have any questions, please contact Mr. Saadi Motamedi at 413/789-1100 ext. 224. SinceelY% jf /sM10705.let Northampton Northampton Site files, Page Fallon, Board of Health Board of Selectmen BWSC, NERO ECS Richard M. been Section Chief Site Management/Permits Bureau of Waste Site Cleanup ADA Coordinator at(617)]74 This information is available in alternate format by calling oar. -812. 436 Dwight Street•Springfield,Massachusetts 01103•FA (413 )784-1149 9.TOD(41311464620•Telephone(41])7841100 Notice of Initial Site investigation & Tier II 459 Pleasant Street Classification Northampton, Ma. 01060 RTN # 1-0705 arsuant to enc Plan (310 CMR 40.0480) , ation has been performed at the above the Massachusetts Coating and/or hazardous materials n Initial Site Ion . A disposal site (defined aseoccurd occurred A location which Oil ands been classified( f as as M.G.L. cd 21 thSectiont 2) .n wTheh sites response actions at y R ii, u. u 21E, 40.0500. The resp s actions Cars, this II, pursuant be to due CMR Pleasant Journey Environmental I Inc.c ,his Northampton,ptll bMA. who has employed Cold Spring to ent ton, Alan E. Weiss, LSP, manage response ponce ac one of accordance w, consultants, response actions in accordance with the Massachusetts Contingency plan (310 CMR 40 .000) . Plan provide M.G.L. c. 21E and the Massachusetts Contingency The opportunities for public notice of nd sites: in additional ego response actions at disposal decisions regarding P of major milestones a Chief Municipal Official and Board of Health of the community in and 2) Upon receipt the site is located will be notified alit in w and events,from tensor more 310 CMR nts of potentially which hi or of a municipality P petition from ten or more residents of the municipality public in affected disposal site is located,, a plan for involving is ined decision r a disposal rl pons, decisions regarding response actions 40.1405site will be p and implemented, pursuant to 310 CMR disposal site, a copy To obtain more information on this of the di snarl, for the opportunities for public please contact Alan E. Weiss phase I report and its remediation, p involCmnS during Inc. a LSP, Coold d at 350 Old Enfield Road Spring Environmental, Belchertowa, Ma. 01007-at-413_323_5957______________________-___ sent to the Daily Hampshire Gazette, Northampton Mayor's and Health Note: Notice was Department concurrent with DEP submittal. ENVIRONMENTAL COMPLIANCE SERVICES, INC. April 1, 1999 File No. 13029. Document No. 16214 /la Certified Mail Mayor Mary Ford 210 Main Street Northampton, MA 01060 RE: Pleasant Street ed Cars, Inc. Northampton, MA Release Tracking #1-0705 Dear Mayor Ford: Nance Services, Inc. (ECS) On behalf of the Property Owners, Environmental Comp Report and Completion Statement and aPhaset Ill oRem dial Ac ion Plan tnd a omple iI Site Rep Environmental the Plan and Completion Statement 1 9t to the of the report can be obtained by Dwight oma Street, the Department t of on March 26, 1otec A,copy Department of Environmental Protection, Bureau of Waste Site Cleanup, Springfield, Massachusetts, 01103. A copy of the legal notice to be published in the Springfield Union News is attached. If you should have any questions concerning this submittal, please do not hesitate to contact our office. ENVIRONMENTAL COMPLIANCE SERVICES, INC. Sincerely, 4 � r ark C. Hellsteln,LSP President MCH/dm cc: Board of Health - Via Certified Mail Mail Massachusetts DEP - Via 588 Silver Street•Agawam, MA 01001 • 413-789-3530 •Fax 413789-2776 157 IS Shepherd Street•Brightoln,6MA 01135.0617-78244111802-257-1195 Fax 617-781-4436 603 2119 West Brandon Blvd., Suite N•Brandon, FL 33511 •813-6434887• fax BI3-6433847 ACADIAN 260 Cottage Street NVIRONMENTAL Springfield, MA 01104 08 August 2000 Mr.Peter Mc Erlain Board of Health 2W Main Street Northampton, Massachusetts 01060 Re: implementation of an IRA Plan Pleasant Journey Used Cars 459 Pleasant Street Northampton, Massachusetts DEP RTN 1-00705 & 1-00462 NPDES Permit Exclusion#00-156 Dear Mr. Mc Er lain: Inc. (Acadian) is pr behalf g noPrideion of implementation Inaionioe), Acadian Environmental Consulting,Plan (Acadia to 310 CMR 40.0428 notification above peferenced location. Response Action(IRA) pursuant IRA Plan dated 29 June 2000 was delivered to the Massachusetts Department of Environmental Site to abate(DEP). The condi ion of separate-Phase tpetroleum hydrocarbons remedial groundwater above the applicable DEP limits system to decrease concentrations of of d ssoled- phase petroleum hydrlocarbons!phase IRA was extraction implemented on 07 August 2000. Upon completion of all IRA related tasks,a IRA Completion Statement will be submitted to the DEP. The IRA Plan and additional investigation reports are available for review at the DEP Western Regional 6 Dwight e1 t Massachusetts. e sap review office i open on Wednesday from 8-12pm and —4pm. An appointment is not necessary. Respectfully, Acadian Environmental Consulting, Inc. S/ az Z.Noonan Environmental Scientist SN/DMG/sn cc: R.Kalish,Trustee of the Estate S. Pause,ds Environmental Phone: 413/7314007 / Q :7477 en M. Gainer, CP Principal Hydrogeologist Fax:41317314390 www.acadianenv.com COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE GENT LEGAL MATTER RTIFIED MAIL TURN RECEIPT REQUESTED :asant Journey Used Cars,Inc. 9 Pleasant Street jrthampton,MA 01060 tat: Mr.Robert Kalish JAN 2 9 2002 Re: Northampton RTN 1-0705 Pleasant Joumery Used Cars NON-WE-02-3001 NOTICE OF NONCOMPLIANCE FAILURE TO COMPLETE COMPREHENSIVE RESPONSE ACTION This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. BOB DURAND Secretary LAUREN A.LISS Commissioner Dear Mr.Kalish'. A review of records conducted by Department of Environmental Protection (DEP) personnel indicates that you ("you" refers to Pleasant Janney Used Cars, Inc.) are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department You are in noncompliance with the MCP because you have not submitted an Immediate Response Action Status Report and a Phase IV Statement for the site named above. Be advised that the Report or Response Action Outcome (RHO) regulations that generally set forth the requirements, timelines and procedures for the performance of a Response Action Outcome Statement and Immediate Response 40.e Action Reports are codified in Subpart D of the Massachusetts Contingency Plan(MCP)' 310 The Department has included with and specifically incorporated into this writing a NOTICE OF NONCOMPLIANCE SUMMARY which includes: (1)The requirements applicable to the Site. (2)The elements and occurrence(s)of the noncompliance necessitating the issuance of this Notice. (3)The deadline(s)within which compliance must be achieved. -Ibis information is mailable in alternate format by calling our ADA Coordinator at( DS74P one(413)784-1100 436 Dwight Street•Springfield.Massachusetts 01��3Pnn ed on Recycled Paper (413) of Noncompliance, 1-0705 NONCOMPLIANCE SUMMARY NON-WE-02-3001 LE OF ENTITY IN NONCOMPLIANCE: Pleasant Journey Used Cars,Inc. 'ATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 459 Pleasant Street,Northampton PE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 12/04/99,01/11/01, 12/04/01 SCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED e Department received notice of a release of oil and/or hazardous materials in a report dated August 30, 89. On October 23, Department issued a Notice of Responsibility to you, ("you" refers to 1989, the De P eas asant Journey Used Cars,Inc.)which advised you of your liabilities under M.G.L. Ch. 21E. Your site II on is ecember classified, 1999 torsubmit December PhaseIV Remedy Implemnation Plan. To date, the Phase had an has rt been received. urther, the Department was notified of an Immediate Response Action condition, the discovery of 0.69 ;et of non-aqueous phase liquid, in a monitoring well on June 8, 2000. An Immediate Response Action lan was submitted on June 29, 2000 and Immediate Response Action Status Reports were submitted on )ecember 4, 2000 and on June 26, 2001. In accordance with 310 CMR 40.0400, Immediate Response kction Status tt submitted Action months following submittal the eport until submittal of an Immediate Complet Completion Statement. Immediate Response Action Status Report or an Immediate Response Action Completion Statement was due on December 4. 2001. To date,neither document has been received. The MCP at 40.0420(6) states that Department approval shall be required prior to a significant that the modificaion of an Soil Vaptorr Extraction system hat was operated under anl IRA rPla indicate Plan was shut down and removed from the site on January 11,2001. ACTIONS TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION: Submit to the Department the following: A) An tem Immediate by a Licensed Site Professional Immediate with Action MCP (3 0 CMR 40.0400) withil of receipt of this notice which details the recent changes in the Immediate Response Action including removal of the Soil Vapor Extraction system, and the reasons a change to periodic bailing was made, and Statement A Phase 1V Remedy Implementation Plan or a Response Action Outcome (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 within of receipt of this notice. of Noncompliance, 1-0705 For the Department of Environmental Protection. JAN 21 2002 Date: Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup of Noncompliance, 1-0705 NARY MEN Pleasant Journey Used Cars 459 Pleasant Street Northampton RTN 1-0705 site is on site is a O.49 acre parcel that includes a small office building and a single bay garage on concrete ere The site has been associated with gasoline filling d/o auto vales s fce 1e 1912. tiiUST) as a line filling station ceased in 1984 when four g aol wed. They included a 1500, 3000, 8000 and 9000 gallon tanks. Pleasant Journey has operated at the since approximately 1986. ons¢Actions ]989 for the property at 492 Pleasant Department received an environmental report dated August 30, :et which indicated that gasoline constituents found in n89 a ndwater were ily cming issued d an :radient source, 459 Pleasant Street. On October 23, _ esi Site Assessment asant Journey Used Cars, Inc. M Interim Site Classification Form, port/Phase I Limited Site Investigation submitted on December 22, 1989 revealed the presence of ;oline in groundwater. A Phase II Scope of Work was received on January 25, July 17, 1992, the Department approved a Short Term Measure of hand bailing for two months. onthly reports were submitted in September, October, and November 1992, and January Department an thr through June anuary through June '93 when no measurable product was observed. On October 29, 1993, 1 inch. was found in these e verbally approved an Hification by Cold Spring Environmental when floating product was found in these amounts: MW-9 — 25 inches, MW-4 — 5 inches, and MW-12 (off-site) — nmediate Response Action(IRA) of bailing the three wells and provided written approval on November 7, 1993. IRA status reports were submitted in a timely manner. The site was tier classified as Tier II on iecember 4, 1996. The final IRA report was received on July 2, 1998 and stated that there had been very 'ale product Report veere recovered since the ofall of 97. The Phase II Report, Method Three Risk Assessment and Well gauging was performed on June 8, 2000 and non-aqueous phase was discovered in plan was submitted sc June 2n liquid (napl) groundwater pump and treat system and a soil vapor vIW-9 (0.69 feet) and in monitoring well VM-1 (0.14 feet). An IRA p extr and included a pm. The for a temporary extraction (SVE) system. T IRA was modified on September 1, 2000 when the Licensed Site Professional (LSP) decided that a catalytic s oxidizer for vapor removal would d000 indicates that the SVE granulated activated carbon on A. An MA,2 2tha and SVE system began operation on August 7,2000 and groundwater treatment began on August 8, n d September 00 at sampling from !s od on October l I 2000 indicated gasoline contamination of ten results The IRA report submitted for the r f n the SVE sy em ran dui ng the monthof November and the first two weeks o of There was a problem with the oxidizer so the system was shut down and part of the unit was removed from the site for repair. The SVE system remained off and was removed from the site on April 18, 2001.. The LSP indicated d e that t periodic bailing would continue along with IRA reporting. The LSP also stated that a Phase III addendum would be submitted to address appropriate remedial technology at the site. Groundwater Classification Groundwater was encountered at 8.3 feet. Groundwater should be classified as GW-2 and GW-3. of Noncompliance, 1-0705 fail to comply with this Notice an administrative penalty of$1,000 may be assessed for every day you remain out of compliance with each of the requirements described in this Notice of reserves the right to se the full extent f its legal this thorial in order Noncompliance,to btain compliance pli wrath alapplicable legal ements,including but not limited to the assessment of civil administrative penalties,the commencement ivil action in the court(s) of competent jurisdiction, or the commencement of a criminal prosecution in turt(s)of competent jurisdiction. at believe that you are financially unable to undertake the cleanup at this site the Department nmends that you contact and then submit an application demonstrating financial inability to Jordan er at(617)292-5516,Department of Environmental Protection,Bureau of Waste Site Cleanup, 1 Winter tit,Boston,MA 02108. site that the recently passed Brownfields legislation will assist you in the cleanup at your sue please act Catherine Finneran at our Boston office at(617)556-1138 for further information. Be stions or if you wish ocsetrup a meetine oZdisccuss this Notice and the requirements contained herein. any Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup rick Summary Memo • rtified Mail#: 7001 0320 0003 0115 7389 -0705 non KF e: Steve Ellis,WERO(2 Copies) Maria Pinaud,C&E,Boston Enforcement Files,BWSC,WERO Site Files,BWSC,WERO Northampton Board of Health 210 Main street, Northampton Chief Municipal Officer oft of Northampton, WayRm N 11d,e Northampton,&MAeV01060en[, Y ',NNEY ENGINEERING INC ironmental/Civil Engineers & Scientists Dber 21, 2002 yor Clare Higgins Y OF NORTHAMPTON Main Street rthampton, MA 01060 13) 586-6950 Pleasant Journey Used Cars 459 Pleasant Street, Northampton DEP Release Tracking Number: 1-0705 Mr. Peter McErlain, Health Agent CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1214 Pear Mayor Higgins and Mr. McErlain: )n behalf of Pleasant Journey Used Cars, Inc and in accordance with the public Enginement activities requirements p providing onotifica on to yourttoff offices of he availability ity of a Engineering, Inc is Remedial Action p 9 at 459 was first reported to the 'base AVIV Remedial Action and Remedy Implementation Plan for the grope Pleasant Street. A release of gasoline at the property Department of Environmental Protection on October 23, 1989 Numerous investigations have identified a localized area of soil and groundwater contamination that does not appear to be significantly migrating. A Method One risk characterization has shown that l able soil and d gr and ater2 oposure e point concentrations at the site are above the applicable any standards. Therefore, remedial activities shlall welfare conducted ted environment.th site o rA soil and potential risk r r a me to human health, p groundwater treatment system shall be installed. The system shall be operated until the gsolin -related b owa r theerespecttiveoDEPncleanuptstandardsnorga perodeofc12si months rand la condition of no significant risk of harm to human health, safety, public welfare and the environment has been achieved. Copies of the Phase oiV Plan may ber'obtai Release y local Tracking Number DE Western Regional Office in Springfield by referring to written request submitted to: 125 High Street, Mansfield, MA 02048 • (508) PenneyEng.00m81 1208 web: www. 'or Clare Higgins and Mr. Peter McErlain piper 21, 2002 e2 Mr. Robert P. Kalish, President PLEASANT JOURNEY USED CARS, INC 459 Pleasant Street Northampton, MA 01060 urs truly, 441 ?�.,n.V2 / ilph P. Penney, PE, LSP esident Pleasant Journey Used Cars, Inc PENNEY ENGINEERING, INC COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE BOB DURAND Secretary LAUREN A.LISS Commissioner '.GENT LEGAL MATTER .RTIFIED MAIL !TURN RECEIPT REQUESTED asant Journey Used Cars,Inc. 9 Pleasant Street Drthampton,MA 01060 ttn: Mr.Robert Kalish November 13 , 2002 Re: Northampton RTN �C05 Pleasant Journery s NON-WE-02-3122 NOTICE OF NONCOMPLIANCE FAILURE TO COMPLETE COMPREHENSIVE RESPONSE ACTION This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. Dear Mr.Kalish: A review of records conducted by Department of Environmental Protection (DEP) personnel indicates that you (`you' refers to Pleasant Journey Used Cars, Inc.) are not in compliance with one or more laws, regulations, orders, licenses,permits, or approvals enforced by the Department. You are in noncompliance with Extension because you have not named above.submitted advised ethatetResponse rlatons thatageneerraly set dforthe the requirements, mmed ate tRespo se timelines npReportseareocodified in Subpart f 1)a Response Action of the Massachusetts Contingency Plan (MCP), 310 CMR 40.0400. a NOTICE OF The Department has included with and specifically incorporated into this writing NONCOMPLLARCE SUMMARY which includes: (1)The requirements applicable to the Site. (2)The elements and occurrence(s)of the noncompliance necessitating the issuance of this Notice. (3)The deadline(s)within which compliance must be achieved. This information is available in alternate format by calling our ADA Coordinator at 6 7)574-6872.Telephone 2 91103•FAX(413)784-f C I Printed an Recycled Paper 1413)904-1190 149•TDD(413)746-6620• 438 Dwight Street•Springfield.Massachusetts e of Noncompliance, 1-0705 ;e be advised that the requirements in this Notice of Noncompliance do not negate any requirements of revious Notice of Noncompliance dated January 29,2002. m fail to comply with this Notice an administrative penalty of$1,000 maybe assessed for every day you remain out of compliance with each of the requirements described in this Notice of -else om the full extent of its legal Notice of in order to obtain fulllco compliance reserves applicable legal tirements,including but not limited to the assessment of civil administrative penalties,the commencement civil action in the court(s) of copetent jurisdiction, or the commencement of a criminal prosecution in court(s)of competent jurisdiction. you believe that you are financially unable to undertake the cleanup at this site the Department =ends that you contact and then submit an application demonstrating financial inability to Jordan trier at(617)292-5516,Department of Environmental Protection,Bureau of Waste Site Cleanup, 1 Winter eet,Boston,MA 02108. you ntactC Catherine at ou r Boson office lats(617)1556-1 38 assist you th the cleanup information. at your site please t stions or if you wish to et up a meeting to discuss this Notice Fand the requirements contained herein any Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail#: 7001 2510 0001 8067 3197 1-0705 non KF cc: Ralph Penney,LSP,Penney Engineering, 125 High Street,Mansfield,MA 02048 Steve Ellis,WERO(2 Copies) Maria Pinaud,C&E Boston Enforcement Files,BWSC,WERO Site Files,BWSC,WERO Northampton Board of Health Northampton Chief Municipal Officer of Noncompliance, 1-0705 NONCOMPLIANCE SUMMARY NON-WE-02-3122 vIE OF ENTITY IN NONCOMPLIANCE: Pleasant Journey Used Cars, Inc. CATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 459 Pleasant Street,Northampton TE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 12/03/01, 9/29/02 ISCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED eDe the Department issued a Notice of Responsibility to you, ("you" refers to e Department received notice of a release of oil and/or hazardous materials in a report dated August 89. On Journey Used ed 1989, eP easant Journey Used Cars,Inc.)which advised you of your liabilities under M.G.L. Ch. 21E. Your site is classified as Tier II on December 4, 1996. In accordance with 310 CMR 40.0500 you had until ecember 3,2001 to submit either a Response Action Outcome (RAO) Statement,or if unable to achieve RAO,then you were required to submit a Tier ii Extension Request by October 4, 2001,which was 60 tys prior to the expiration of the Tier II Status. To date, the Tier II Extension Request has not been ibmitted. urther, the Depanwent was notified of an Immediate Response Action condition,ediaea scone Action eet of non-aqueous phase liquid, in a monitoring well on June 8, 2000. 'Ian was submitted on June 29, 2000 and Immediate Response Action Status Reports were submitted on )ecember 4, 2000 and on June 26, 2001. In accordance with 310 CMR 40.0400, Immediate Response ketion .eport until Status submittal ant Immediate rRespon e Action oCtompletoniS submittal of Immediate initial status Action Status Report or an Immediate Response Action Completion Statement was due on December 4, 2001. In response to a Notice of Noncompliance dated January 29, 2002, you did submit an Immediate Response Action Status (IRA) report on March 29, 2002. The next IRA Stab's Report was due on September 29,2002. ACTIONS TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTION: Submit to the Department the following: A) An Immediate Response Action Status Report or an Immediate Response Action Completion Statement prepared by a Licensed Site Professional in accordance with the MCP (310 CMR 40.0400)yjSkia.10 iay.1 of receipt of this notice. B) A Tier II Extension Submittal or a Response Action Outcome (RAO) Statement prepared by an LSP in accordance with 310 CMR 40.1000 hin 30 days of receipt of this notice. For the Depariuient of Environmental Protection: Date: No ember 13, 2002 Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup ,NNEY ENGINEERING INC ironmental/Civil Engineers & Scientists :ember 11, 2002 yor Clare Higgins "Y OF NORTHAMPTON Main Street rthampton, MA 01060 13) 586-6950 Pleasant Journey Used Cars, Inc 459 Pleasant Street, Northampton DEP Release Tracking Number: 1-0705 Mr. Peter McErlain, Health Agent CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1214 ear Mayor Higgins and Mr. McErlain: in behalf of Pleasant Journey Used Cars, Inc and in accordance with the Ppubliic evolvement activities requirements of the Massachusetts Contingency :ngineering, Inc is hereby providing notification to your offices of the availability of an II Extension Request for -nmediate 5 property at 459 Pleasant Street.COn October 23, 1989,1arrel release of gasoline at the:s property xoperry was first reported to the Department of Environmental Protection ("the DEP"). numerous investigations have been conducted over the past 13 years. Most have dentified a localized area of soil and groundwater contaminated with gasoline that does lot apear to be significantly Pleasan tl contamination t Street and on o the p opertiesat 480 and 492P easant Streets extend under. On June 29, 2000, an IRA Plan to install a groundwater pump and treatment system by with a separate soil vapor extraction (SVE) system was submitted to SVE EPtem Acadian Environmental. Between August 7 and December 4, 2000, the and sampled the groundwater monitoring welts at the property and a0t0the downgradient properties. We identified gasoline contamination that warrants the installation of a action, order to design and install a treatmentsyst m a Acadian,comprehensive response action, in accordance with the requirements of the DEP. Tier Extension Request of the be obtained Response local officials l natt Completion Report Western Regional Office in Springfi may be referring to Springfield by referring to Release Tracking Number 1-0705 or by written request to: 125 High Street, Mansfield, MA 02048 (508):261-1288 • FAX (5O8) 261-1208 web: www.PenneyEng.com • or Clare Higgins and Mr. Peter McErlain ember 11, 2002 e 2 Mr. Robert P. Kalish, President PLEASANT JOURNEY USED CARS, INC 459 Pleasant Street Northampton, MA 01060 urs truly, ye,c4A 41. ilph P. Penney, PE, LSP esident Pleasant Journey Used Cars, Inc Quickbeam Realty Trust PENNEY ENGINEERING, INC PENNEY ENGINEERING, INC Environmental/Civil Engineers & Scientists May 15, 2003 Mayor Clare Higgins CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 586-6950 RE: Former Staab's Service Station 459, 480 & 492 Pleasant Street, Northampton DEP Release Tracking Number: 1-0705 Mr. Peter McErlain, Health Agent CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1214 Dear Mayor Higgins and Mr. McErlain: On behalf of Pleasant Journey Used Cars, Inc and in accordance with the public involvement activities requirements of the Massachusetts Contingency Plan, Penney Engineering, Inc is hereby providing a second notification to your offices of the availability of a Phase 111/IV Remedial Action and Remedy Implementation Plan for the remediation of the properties at 459, 480 & 492 Pleasant Street. A release of gasoline at the property was first reported to the Department on October 23, 1989. Numerous investigations have identified a localized area of soil and groundwater contamination that does not appear to be significantly migrating. e A Method One risk characterization has shown thatble soil and gr and GWr3 xposure point concentrations at the site are above the app)a standards. Therefore, remedial activities shall be conducted at the site to reduce any potential risk of harm to human health, public welfare or the environment. A soil and groundwater treatment system is scheduled to be installed in June. The system shall be operated until the gasoline-related contaminants in the soil and groundwater consistently remain below the applicable cleanup standards for a period of 12 months and a condition of no significant risk of harm to human health, safety, public welfare and the environment has been achieved. Copies of the Phase HI/IV Plan may be obtained by local officials at the DEP's Western Regional Office in Springfield by referring to Release Tracking Number 1-0705 or by written request submitted to: 125 High Street, Mansfield, MA 02048 • (508) 261-1288 • FAX (508) 261-1208 web: www.PenneyEng.com • email: sales @PenneyEng.com Mayor Clare Higgins and Mr. Peter McErlain May 15, 2003 Page 2 Mr. Robert P. Kalish, President PLEASANT JOURNEY USED CARS, INC 459 Pleasant Street Northampton, MA 01060 Yours truly, Ralph P. Penney, PE, LSP President cc: Pleasant Journey Used Cars, Inc Quickbeam Realty Trust PENNEY ENGINEERING, INC )EVXL.L.PATRICK )overnor CIMOTHY 1'. MURRAY Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 URGENT LEGAL MATTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert P. Kalish,Inc. Mr. Robert Kalish,President 504 Lampblack Road Greenfield, MA 01301 IAN A.BOWLES. Secretary LAURIE BURT Commissioner November 27, 2007 Re: Northampton RTN 1-00705 459 Pleasant Street Former Staab's Service Station NOTICE OF RESPONSIBILITY This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. Dear Mr. Robert Kalish: The Department of Environmental Protection (the "Department") was notified with a written report dated August 30, 1989, of a release of oil and/or hazardous materials on the property on 459 Pleasant Street in Northampton, Massachusetts. Volatile organic compounds (VOCs) and petroleum hydrocarbons were identified in the soil and groundwater of the site at concentrations exceeding applicable standards. Release Tracking Number (RTN) 1-00705 was assigned to the site. The purpose of this letter is to provide you ("you"refers to Mr. Robert Kalish,Inc.)with notice of your legal responsibilities under state laws and regulations to address this release. The attached summary is intended to provide you with information about your liability under This information is available in alternate formal.Call Donald M.Comes ADA Coordinator at M7-556-1057.TDU Service-l-800.298-1107. DEP on the World Wide Web'. htlp:I/wow.mass govfdep 0 Printed on Recycled Paper Notice of Responsibility 1-00705 Interim Deadline Massachusetts General Law Chapter 21E (M.G.L. c. 21E) and to assist you in deciding what actions to take in response to this notice. Statutory Liabilities The Department has reason to believe that you are a potentially responsible party (PRP) with liability under Section 5A of M.G.L. c. 21E. This is due to the release of oil and/or hazardous materials at the above site. 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. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. Actions Undertaken To Date At The Site The Department of Environmental Protection (the "Department") was notified with a written report dated August 30, 1989, of a gasoline release on-site with impacts to soil and groundwater. Notices of Responsibility were issued to Mathew Pitoniak and Pleasant Journey Used Cars, Inc. on October 2, 1989, and October 23, 1989, respectively. On December 4, 1996, a Tier II Classification was submitted to the Department Records on file indicate that several response actions have been performed and Phase reports have been submitted. The site is in Phase V, and Phase V Reports have been submitted since September 15, 2003, the last of 2007, Tier II Extension Request which s submitted onreceived our behalf by Mr. Ralph P. Penny, 23, The October 23, 2007, submittal indicates that the Pleasant Journey Used Cars, Inc. business operating at the site was sold to Extra Mile, Inc. and that Mr. Robert P. Kalish's new company, Robert P. Kalish, Inc., owns the 459 Pleasant Street property and is assuming responsibility for the remediation of the contamination originating from the site. Necessary Response Actions And Applicable Deadlines Pursuant to 310 CMR 40.0560(2)(d),310 CMR 40.0560(7) and 310 CMR 40.0893(4), either a Response Action Outcome (RAO), a Tier II Extension Submittal, or a Remedy Operation Status (ROS) shall be submitted within five years of the effective date of the original Tier II Classification. The Tier II Extension is approved and will expire on December 4, 2008. In accordance with 310 CMR 40.0560(7), if a Response Action Outcome Statement or Remedy Operation Status is not tosubmit a to the Tier II Extension Submittal at least 45 days before the date of expiration of the Tier II Classification. 2 Notice of Responsibility 1-00705 Interim Deadline Clearly of overriding importance in this matter is continued progress in the clean up at this site. The Department recognizes that sometimes delays in response actions can be unavoidable. The Department appreciates and thanks you for your continued efforts in the clean up at this site. No disposal site will be deemed to have had all the necessary and required response actions taken for it unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of no significant risk exists or has been achieved in compliance with M.G.L. c.21E and the MCP. The MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement prepared by a Licensed Site Professional upon determining that a level of no significant risk already exists or has been achieved at the disposal site. Procedures To Follow To Undertake Response Actions You must employ or engage a Licensed Site Professional 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 Licensed Site Professionals by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617) 556-1145 or in person or by mail at One Winter Street, 6th Floor, Boston,Massachusetts 02108. Representatives from the Department are available to meet with you to review the technical and regulatory issues of concern. Please contact Michael Scherer at 413/755-2278 or Baffour Kyei at 413/755-2258 if you have any questions concerning this Notice. Sincerely, This final donning tops h being provided to you ekttrcmiafil by th acport M of EmirxomW Pr ludoo.A dgud copy of rhu dotomen n on Idea the PEP office listed ot the letterhead. Anna Symington Deputy Regional Director Bureau of Waste Site Cleanup Encl: 21E Liability Summary Certified Mail#: 7007 0710 0003 2182 1416 1-00705 norid BK cc: Site Files,BWSC,WERO ecopy: Northampton Mayor's Office Northampton Board of Health Mr. Ralph P. Penny, LSP Mayor David Narkewicz and Ms. Xanthi Scrimgeour March 21, 2012 Page 2 months. Our next report shall be submitted by September 15, 2012. Hard copies of any of our reports may be obtained by local officials at the DEP's Western Regional Office in Springfield by referring to RTN: 1-00705. I am also providing additional notification to your offices that for the next six months we shall be conducting fieldwork at the site. We shall be sampling the groundwater and may be injecting hydrogen peroxide and other remedial additives into monitoring well MW-10 in hopes of hastening the cleanup. We may also be removing the treatment trailer. I understand that the cleanup may be delaying plans to construct a rotary to replace the intersection of Conz and Pleasant Streets. All our fieldwork shall be conducted at Level D personal protection, which is simply boots and gloves. If the level of protection is upgraded during the course of the work to Level C or above, I shall orally notify you of the upgrade as soon as is practicable. Please call me if you have any questions or comments. Yours truly, Ralph P. Penney, PE, LSP President PENNEY ENGINEERING, INC PENNEY ENGINEERING INC Environmental/Civil Engineers & Scientists March 21, 2012 Mayor David Narkewicz CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1249 Ms. Xanthi Scrimgeour, Director CITY OF NORTHAMPTON Health Department 212 Main Street Northampton, MA 01060 (413) 587-1214 RE: Pleasant Street Cleanup/Former Staab's Service Station 459, 480 &492 Pleasant Street, Northampton DEP Release Tracking Number: 1-00705 Dear Mayor Narkewicz and Ms. Scrimgeour: In accordance with the public involvement activities requirements of the Massachusetts Contingency Plan, I am providing notification to your offices of the availability of our March 2012 Phase V Status Report for the cleanup of the very old gasoline contamination in the area of 459, 480 and 492 Pleasant Street in Northampton ("the site"). The properties were once part of the Staab's Service Station until Route 5 was constructed across the property in 1955. On October 23, 1989, a release of gasoline to the groundwater was first reported to the Department of Environmental Protection ("the DEP"). Numerous investigations identified a localized area of soil and groundwater contamination that did not appear to be significantly migrating. In 2003, we began working with Mr. Robert Kalish to remediate the gasoline contamination. Mr. Kalish purchased the property at 459 Pleasant Street in 1983. In September 2008, we were retained by the City of Northampton to resume the cleanup with money from an EPA grant issued to the Massachusetts Highway Department (MHD). A majority of the gasoline contamination remained under the adjacent section of Route 5/Pleasant Street that is controlled by the MHD. In November 2008, we extended the treatment systems across Pleasant Street. The extended treatment systems at 480 and 492 Pleasant Street allowed us to more efficiently remove the gasoline from under Pleasant Street. On January 14, 2009, we restarted the groundwater treatment system. On September 21, 2009, we restarted the soil vapor extraction system. In the spring of 2010, the grant funds ran out and we resumed working for Mr. Robert Kalish. We have now shut down both treatment systems. We continue to groundwater sample results for gonly donee one complete well locatedalong Ple santStreet r main slightly above the applicable cleanup standard for xylenes. If either of you would like to view or download our March 2012 Status Report or any of our reports, go to the DEP web site at htt // ublic.de•.state.ma.us/wsc viewer/main.as•x and reference Release Tracking Number (RTN): 1-00705. Our status reports are submitted to the DEP every six 125 High Street. Mansfield, MA 02048 • (508) 261-1288 • FAX (508) 261-1208 web: www.PenneyEngineering.com • email. sales @PenneyEngineering.com •: Mayor David Narkewicz and Ms. Merridith O'Leary September 5, 2013 Page 2 one well located along Pleasant Street remain above the cleanup standard. Currently, we simply sample that one well twice a year relying upon naturally occurring bacteria to adequately bioremediate the xylenes. If either of you would like to view or download our August 2013 Status Report or any documents prepared for the site, please go to the DEP web site at htt.://.ublicde. state.ma.us/wsc viewer/main.as.x and reference Release Tracking Number (RTN): 1-00705. Our status reports are submitted to the DEP every six months. Our next report shall be submitted by March 15, 2014. Hard copies of any documents prepared for the site may be obtained by local officials at the DEP's Western Regional Office in Springfield by referring to RTN: 1-00705. I am also providing additional notification to your offices that for the next six months we shall be conducting fieldwork at the site. We shall be sampling the groundwater and may be injecting hydrogen peroxide and other remedial additives into monitoring well MW-10 in hopes of hastening the cleanup. We may also be removing the treatment trailer. I understand that the cleanup may be delaying plans to construct a rotary to replace the intersection of Conz and Pleasant Streets. All our fieldwork shall be conducted at Level D personal protection, which is simply boots and gloves. If the level of protection is upgraded during the course of the work to Level C or above, I shall orally notify Ms. O'Leary of the upgrade as soon as is practicable. Please call me if you have any question or comments. Yours truly, Ralph P.P. P_ PE, LSP President cc DEP Robert Kalish PENNEY ENGINEERING, INC PENNEY ENGINEERING INC Environmental/Civil Engineers & Scientists September 5, 2013 Mayor David Narkewicz CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1249 Ms. Merridith O'Leary, Director CITY OF NORTHAMPTON Health Department 212 Main Street Northampton, MA 01060 (413) 587-1214 RE: 459, 480 Street Cleanup/Forme Staab's Pleasant Street,Northampton Service Station DEP Release Tracking Number 1-00705 Dear Mayor Narkewicz and Ms. O'Leary: In accordance with the public involvement requirements of the Massachusetts Contingency Plan, I am providing notification to your offices of the availability of our September 2013 Phase V Status Report for the cleanup of the very old gasoline contamination in the area of 459, 480 and 492 Pleasant Street in Northampton ("the site"). The properties were once part of the former Staab's S rvi a Staiiong property. In 1955, Route 5 was constructed across the station property. of the station property were later sold. On October 23, 1989, a release of gasoline to the groundwater at 292 Pleasant Street was first f air investigations reported to ithe Died art oentze of Environmental Protection ("the DEP"). area of gasoline contamination in the soil and groundwater that did not appear to be significantly migrating. In 1983, Mr. Robert Kalish purchased the property at 459 Pleasant Street, where he began operating Pleasant Journey Used Cars. In 2003, we began working with Mr. Kalish to clean up the gasoline contamination at the site. In September 2008, we were retained by the City of Northampton to resume the cleanup with money from an EPA grant issued to the Massachusetts Highway Department. A majority of the gasoline contamination had been removed, but a portion remained under the adjacent section of syste . In Route 5/Peasan Novembers 2008, wtee extended dthe treatment rsystems across Pleasant tStreet sThe extended treatment systems at 480 and 492 Pleasant Street allowed us to more efficiently started the groundwater treatment system- On September 21, 2009, we restarted restarted est rted he soil vapor extraction system. In the spring of 2010, the grant funds ran out and we resumed working for Mr. Kalish. The concentrations of gasoline contaminants had been greatly reduced. We were able to shut down both treatment systems. The groundwater sampling results for all but one least nine consecutive quarterly rounds dss of sampling.g. Only the ressults ort for xylenes for r the 125 High Street, Mansfield, MA 02048 • (508) 261-1288 • FAX (508) 261-1208 web: www.PenneyEngineering.com • email: sales @PenneyEngineering.com Mayor David Narkewicz and Ms. Merridith O'Leary September 16, 2014 Page 2 Only the results for xylenes for the one well located along Pleasant Street remains slightly above the cleanup standard. Currently, we simply sample that one well twice a year relying upon natural attentuation to complete the remediation of the site. If either of you would like to view or download our September 2014 Status Report or any documents prepared for the site, please go to the DEP web site at http://public.dep.state.ma.us/wsc viewer/main.aspx and reference Release Tracking Number (RTN): 1-00705. Our status reports are submitted to the DEP every six months. Our next report shall be submitted later this week. Hard copies of any documents prepared for the site may be obtained by local officials at the DEP's Western Regional Office in Springfield by referring to RTN: 1-00705. I am also providing additional notification to your offices that for the next six months we shall be conducting fieldwork at the site. We shall be sampling the groundwater and may be injecting hydrogen peroxide and other remedial additives into monitoring well MW-10 in hopes of hastening the cleanup. We may also be removing the treatment trailer. I understand that the cleanup may be delaying plans to construct a rotary at the intersection of Conz and Pleasant Streets. All our fieldwork shall be conducted at Level D personal protection, which is simply boots and gloves. If the level of protection is upgraded during the course of the field work to Level C or above, I shall orally notify Ms. O'Leary of the upgrade as soon as is practicable. Please call me if you have any questions or comments. Yours truly, t' C ) ' 1 ' Ralph P. Penney, PE, LSP President cc: DEP Robert Kalish PENNEY ENGINEERING, INC PENNEY ENGINEERING, INC Environmental/Civil Engineers & Scientists September 16, 2014 Mayor David Narkewicz CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1249 1 ti i SEP 1 8 2014 t .' t ION CI 1r�ridithRTH Health Department 212 Main Street Northampton, MA 01060 (413) 587-1214 RE: Pleasant Street Cleanup/Former Staab's Service Station 459, 480 &492 Pleasant Street, Northampton DEP Release Tracking Number: 1-00705 Dear Mayor Narkewicz and Ms. O'Leary: In accordance with the public involvement requirements of the Massachusetts Contingency Plan, I am providing notification to your offices of the availability of our September 2014 Phase V Status Report for the cleanup of the very old gasoline contamination in the area of 459, 480 and 492 Pleasant Street in Northampton ("the site"). The properties were once part of the former Staab's Service Station property. In 1955, Route 5 was constructed across the station property. The remaining portions of the station property were later sold. On October 23, 1989, a release of gasoline to the groundwater at 292 Pleasant Street was first reported to the Department of Environmental Protection ("the DEP"). Numerous investigations identified a localized area of gasoline contamination in the soil and groundwater that did not appear to be significantly migrating. In 1983, Mr. Robert Kalish purchased the property at 459 Pleasant Street, where he began operating Pleasant Journey Used Cars. In 2003, we began working with Mr. Kalish to clean up the gasoline contamination at the site. In September 2008, we were retained by the City of Northampton to resume the cleanup with money from an EPA grant issued to the Massachusetts Highway Department. We had successfully removed a majority of the gasoline contamination at 459 Pleasant Street, but a portion remained under the adjacent section of Route 5/Pleasant Street beyond the effective radius of our two treatment systems. In November 2008, we extended the treatment systems across Pleasant Street. The extended treatment systems at 480 and 492 Pleasant Street allowed us to more efficiently remove the gasoline from under Pleasant Street. On January 14, 2009, we restarted the groundwater treatment system. On September 21, 2009, we restarted the soil vapor extraction system. In the spring of 2010, the grant funds ran out and we resumed working for Mr. Kalish. The concentrations of gasoline contaminants in the groundwater had been greatly reduced. We were able to shut down both treatment systems. The groundwater sampling results for all but one monitoring well have now remained below the applicable DEP cleanup standards for at least nine consecutive quarterly rounds of sampling. 125 High Street, Mansfield, MA 02048 • (508) 261-1288 • FAX (508) 261-1208 web: www.PenneyEngineering.corn • email. sales @PenneyEngineering.com Mayor David Narkewicz and Ms. Merridith O'Leary October 30, 2015 Page 2 Only the results for monitoring well MW-10, located along Pleasant Street, remain slightly above the cleanup standards. Currently, we simply sample that one well twice a year relying upon natural attenuation to complete the final remediation of the site. If either of you would like to view or download our October 30, 2015 Status Report or any documents prepared for the - site, please go to the DEP web site at http://public.dep.state.ma.us/wsc viewer/main.aspx and reference Release Tracking Number (RTN): 1-00705. Our status reports are submitted to the DEP every six months. Hard copies of any documents prepared for the site may be obtained by local officials at the DEP's Western Regional Office in Springfield by referring to RTN: 1- 00705. I am also providing additional notification to your offices that for the next six months we shall be conducting fieldwork at the site. We shall be sampling the groundwater and may be injecting hydrogen peroxide and other remedial additives into monitoring well MW-10 in hopes of hastening the cleanup. We may also be removing the treatment trailer. All our fieldwork shall be conducted at Level D personal protection, which is simply boots and gloves. If the level of protection is upgraded during the course of the field work to Level C or above, I shall orally notify Ms. O'Leary of the upgrade as soon as is practicable. Please call me if you have any questions or comments. Yours truly, Ralph P. Penney, PE, LSP President cc: DEP Robert Kalish PENNEY ENGINEERING, INC PENNEY ENGINEERING, INC Environmental/Civil Engineers & Scientists October 30, 2015 Mayor David Narkewicz CITY OF NORTHAMPTON 210 Main Street Northampton, MA 01060 (413) 587-1249 Ms. Merridith O'Leary Director CITY OF NORTHAMPTON Health Department 212 Main Street Northampton, MA 01060 (413) 587-1214 RE: Pleasant Street Cleanup/Former Staab's Service Station 459, 480 & 492 Pleasant Street, Northampton DEP Release Tracking Number: 1-00705 Dear Mayor Narkewicz and Ms. O'Leary: In accordance with the public involvement requirements of the Massachusetts Contingency Plan, I am providing notification to your offices of the availability of our October 30, 2015 Phase V Status Report for the cleanup of the very old gasoline contamination in the area of 459, 480 and 492 Pleasant Street in Northampton ("the site"). The properties were once part of the former Staab's Service Station property. In 1955, Route 5 was constructed across the station property. The remaining portions of the station property were later sold. On October 23, 1989, a release of gasoline to the groundwater at 292 Pleasant Street was first reported to the Department of Environmental Protection ("the DEP"). Numerous investigations identified a localized area of gasoline contamination in the soil and groundwater that did not appear to be significantly migrating. In 1983, Mr. Robert Kalish purchased the property at 459 Pleasant Street, where he began operating Pleasant Journey Used Cars. In 2003, we began working with Mr. Kalish to clean up the gasoline contamination at the site. In September 2008, we were retained by the City of Northampton to extend the extent of the cleanup with money from an EPA grant issued to the Massachusetts Highway Department. We had successfully removed a majority of the gasoline contamination at 459 Pleasant Street, but a portion remained under the adjacent section of Route 5/Pleasant Street beyond the effective radius of our two treatment systems. In November 2008, we extended the treatment systems across Pleasant Street. The extended treatment systems at 480 and 492 Pleasant Street allowed us to more efficiently remove the gasoline from under Pleasant Street. On January 14, 2009, we restarted the groundwater treatment system. On September 21, 2009, we restarted the soil vapor extraction system. In the spring of 2010, the grant funds ran out and we resumed working for Mr. Kalish. The concentrations of gasoline contaminants in the groundwater had been greatly reduced. We were able to shut down both treatment systems. The groundwater sampling results for all but one monitoring well have now remained below the applicable DEP cleanup standards for at least nine consecutive quarterly rounds of sampling. 125 High Street, Mansfield, MA 02048 • (508) 261-1288 • FAX (508) 261-1208 web: www.PenneyEngineering.com • email: sales @PenneyEngineering.com Commonwealth of Massachusetts Executive Office of Energy Si Environmental Affairs D.Baker rr I.Polito ant Governor Department of Environmental Protection Western Regional Office•436 Dwight Street,Springfield MA 01103.413-784-1100 Matthew A.Beaton Secretary Robert P Kalish Inc. 504 Lampblack Road Greenfield,MA 01301 Attn: Robert Kalish Martin Suuberg Commissioner December 18, 2015 Re: NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Northampton 459 Pleasant Street RTN 1-00705 NON-WE-15-3A069 Dear Mr.Kalish: On December 15,2015,the Massachusetts Department of Environmental Protection(MassDEP, the Depatunent) conducted an audit inspection at the location identified above. In particular,the audit inspection focused on the Comprehensive Response Action being implemented at this site under Remedy Operation Status. The remedial action consists of monitored natural n attenuation. The audit also included a review of the inspection and monitoring(1&M)lrep�s Notice informs the Department,the most recent of which was received on November 11, you of the results of the Department's audit inspection. 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 list the violation(s)and those action(s)that are required to achieve compliance. Copies of the applicable field inspection forms are also enclosed. Specifically,the Notice of Audit Findings and Notice of Noncompliance contains: (1)the requirement violate&(2)the date and place that the Department asserts the requirement was or violated,(3)either the specific actions which must be taken in order to return direction to submit a written proposal describing how and wyplan to return to compliance such and(4)the deadline for taking such actions or submitting a proposal. This information Is available in alternate format Call Michelle Waters-Ehanem,Diversity Director,at 617292-5751.TTV#MassRelay Service 1.9004393370 MassOEP Webslle'.wr tmass 0ovldeP Printed on Recycled Paper NORTHAMPTON,RTN 1-00705 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE LICENSED SITE PROFESSIONAL(LSP) A copy of this Notice has been sent to Ralph Penney,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 response actions undertaken at this site to date. This audit was focused primarily on evaluating compliance with the MCP's requirements for operation,monitoring,and maintenance of the response action being conducted, as detailed in the most recent I&M report and as observed on December 15,2015. 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 John Ziegler at 413-755-2228. Please reference Release Tracking Number 1-00705 and Enforcement Tracking Number NON- WE-15-3A069 in any future correspondence to the Department regarding the site. Sincerely, Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail#7015 1660 0000 9069 3476,Return Receipt Requested Enc.: Notice of Audit Findings and Notice of Noncompliance Field inspection form(s) e-cc: Northampton: Chief Municipal Officer, Health Department Ralph Penney,PE,LSP-of-Record,Penney Engineering Denise Andler,DEP WERO Data Entry: REMOPS/SNAUDI; AUDCOM/NAFNON; FLDRUN 12/15/15 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE NON-WE-15-3A069 RTN 1-00705 THIS IS AN IMPORTANT LEGAL NOTICE. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Robert P.Kalish Inc. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 459 Pleasant Street,Northampton DATE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: November 11,2015—Submittal of most recent Remedy Operation Status Report December 15,2015—Date of inspection DESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH: 1. 310 CMR 40.0028—Any well installed or constructed for the purpose of sampling, monitoring,or remediating environmental media or environmental conditions as part of response actions conducted under the MCP,must be maintained and secured throughout its period of service to prevent the introduction of contaminants to the subsurface environment or the exacerbation of groundwater contamination by the vertical movement of water within the borehole or annular space. ANA monitoring is damaged.The well does not contain ontain a road box well and the part l cap is MNA not secured. 2. 310 CMR 40.0031(7)—All Remediation Waste shall be removed from a disposal site as with as possible,and dAMalPllansor Phase IV RIP submitted to the Department twithin this accordance with an IRA Plan, day timeframe. A carbon vessel for the former remedial system and a drum presumed to contain Remediation Waste were observed within the remedial system enclosure on site during the site inspection. Remediation Waste is presumed to have been on site longer than 120 days given that the remedial system has not operated since 2011. )RTHAMPTON,RTN 1-00705 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE 310 CMR 40.0893(2)(6)—To achieve and maintain Remedy Operation Status(ROS)for a disposal site,the remedial system or program must be adequately designed in accordance with 310 CMR 40.0870 to achieve a Permanent Solution. The current remedy to achieve a Permanent Solution is monitored natural attenuation (NINA). The NINA program consists of monitoring one well, MW-10,that exceeds current standards and analysis for volatile petroleum hydrocarbons (VPH)and heterotrophic bacteria. The Department does not consider this program sufficiently rigorous to demonstrate that MNA will achieve a Permanent Solution and notes the following: • There is little apparent decrease in the xylene concentration at MW-10 since groundwater treatment system shutdown in September 2010 and the xylene concentration at this location remains nearly two times the applicable GW-3 standard of 5,000 micrograms per liter five years since the groundwater treatment system shutdown. • The ROS Status Report indicates that"substantial time"will be required to achieve applicable groundwater standards at this location. • The treatment system was shutdown in 2011 without documenting that soil standards have been achieved. • The ROS Status Report indicates that a potential source of gasoline is contributing to the groundwater concentrations observed at MW-10. Failure to control or eliminate a source is a violation of 310 CMR 40.0893(2)(d). On Page 62 of the May 6,2015 ROS Status Report,it was noted that a fresh gasoline odor was evident at well MW-10 on September 2,2010 and that"droplet sheens on the purge water"were evident. It was concluded that the two conditions may indicate a recent release. 1CTION(S)TO BE TAKEN AND DEADLINE(S)FOR TAKING SUCH ACTION(S): Terminate Remedy Operation Status and submit a valid Tier Classification or Extension. Note that in accordance with 310 CMR 40.0893(6)(e), submit to the Department either a Temporary or Permanent Solution Statement in accordance with 310 CMR 40.1000 within two years of ROS termination. Remove Remediation Waste for off-site disposal and submit documentation indicating proper disposal. S. Repair or abandon the damaged monitoring well and submit documentation indicating the repair or abandonment has been completed. 1. 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(BW SC- 111),within 90 days from the date of this Notice. For more information on electronic submittal of forms and reports,please visit MassDEP's website, http://www.mass ¢ov/eea/agencies/massden/cleanup/aunrovals/42. 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 iRTHAMPTON,RTN 1-00705 3 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Lain MI compliance with all applicable requirements, including,but not limited to,criminal ,secution,civil action including court-imposed civil penalties, or administrative action, eluding administrative penalties imposed by the Department. r the Department of Environmental Protection: te: )//9/ /5 By: / 12 Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup RSI AUDIT-PRE-INSPECTION SCREENING CHECKLIST J: 1-00705 Town: NORTHAMPTON Action Inspected: • Phase V ®ROS • Temp. Solution Robert Kalish Site Name. Former Staab's Service Station :obert Kalish LSF,Company: Ralph Penney,Penney Engineering,Inc. Pleasant Journey Used Cars Site Contact,Phone#: Robert Kalish,413-218-8153 I Yes/No Comments 'L within 30 feet of school/daycare/residence No 4v>GW-2 standard wan 30 ft of school/residence No rficial soil in S-1 area(school/residence/park) No Us located<500 feet or site in Zone II or I W PA No Mal impacts to nearby receptors No eht aidRcleasetbaracterlstLds feet of surface water,ACEC,and/or wetlands No - contamination of surface water and/or wetlands No iurces of contamination ? Status Report indicates potential for additional unknown source 3r than soil or groundwater are affected No inmWaste(31I3CMFF41R0030) on Waste removed within 120 days No Spent carbon vessel and drum are on site;remedial system shutdown 2011 on Waste has been properly managed No above iktrIng __ -. __ -.- 4Ip agS}Ma[atenark — Temporary Solution OMM Requirements(310 CMR 40.0890) i is on-foie,with Ph.IV RIP,per 40.0874(3)(d) Yes i identifies the type and frequency of monitoring Yes 'Ries done in accordance with RIP goals&cdteda Yes i updated in response to changes in site conditions Yes Status Report indicates MW-10 only is sampled M report received on time(due every 6 mos.) Yes 25 Status Reports submitted to dale Its are adequately documented,per 40.0892 Yes d ROS Requirements(310 CMR 40.0893) ROS submittal was received,per 40.0893(3) Yes signed to achieve a Permanent Solution No Little change in VPH ranges and xylenes since 2003 at MW-10; soil concentrations are unknown )peny operated,monitored,and/or maintained No Only one well,MW-10,is monitored for MNA ce of OHM has been e5minated or controlled ? Status Report indicates potential for additional unknown source ntial Hazards have been eliminated Yes .fed or ROS terminated when required No Action Summary: The selected remedy is monitored natural attenuation(MNA). MNA consists of monitoring of one well, 'hich exceeds applicable GW-3 criteria. MNA is not supported by sampling of only one well. In addition,there is not a clear g trend in contaminant concentrations at MW-10 and ORP results indicate a reducing environment. Monitored Natural Attenuation (MNA)Information Sheet t Location: Former Staab's Service Station,459 Pleasant St,Northampton RTN: 1-00705 Date: December 15,2015 erne: John Ziegler disposal site OHM: )leum Hydrocarbons • Solvents • PCBs • Metals • Other: ❑Septic ❑ Surface Spill • Dry Well of the release: I4 UST ❑AST indicates potential for additional unknown source ce Unknown Other: Status Report imental media impacted at the disposal site: I Groundwater ❑Soil Gas • Other: }mental media targeted for MNA: ®Groundwater ❑ Soil Gas ❑Other: argeted for NINA: nleum Hydrocarbons • Solvents U PCBs • Metals • Other: source of the primary contaminant(s)targeted for MNA been removed,capped,or otherwise controlled? of contamination at MW-10 is unclear • No C4 Not Determined Explain: Source mgoing Remedial Action Alternatives: ie • Excavation ❑P&T • AS • SVE • Remedial Additives ❑Other: e the lines of evidence used as the basis for selecting ialytical data demonstrates a clear and meaningful or time at appropriate monitoring points. +drogeologic and geochemical data indirectly d the rate of the attenuation processes will achieve site-specific study of microorganisms directly line-of-evidence basis was presented in the NINA as a Remedial Action Alternative: trend of decreasing contaminant mass and/or concentration demonstrate that natural attenuation processes are active at the site, MCP endpoints(within 5 years). demonstrates the occurrence of natural attenuation. information reviewed. Location in relation to contaminants itification of nearby receptors: ?r sidence,water supply well,etc.) :water(Mill River) (e.g.,on-site,500 ft. downgradient,etc.) Mill River is approximately 600 feet downgradient from MW-10. c eSnel monitoring points located between the and nearby receptors? 'I Yes • No contamination nonitorin points and monitoring frequency identified in OMM Plan: MNA monitoring consists of ring of only MW-10 on a semi-annual basis. ical tests performed to evaluate progress of NINA: El EPH ❑VOCs ❑ SVOCs ❑CVOCs ❑PAHs ❑PCBs ❑Metals(Fe,Mn) ❑DO ❑Temp ❑ ORP ❑ co, ❑TOC ❑NO3 ❑so, ®Plate count wing data shows that the plume is: ❑ expanding ❑ shrinking ❑static ®unclear ntaminant concentrations are: ❑ increasing ❑decreasing ❑static unclear contaminant concentrations are: ❑ increasing ❑decreasing ❑static ❑unclear ® N/A : Primary data do not indicate a clear,decreasing trend in groundwater concentrations. ORP results are rf a reducing environment not favorable to aerobic degradation of petroleum. of�mdfoetcP<Il fhatappty) ;{ MNA monitoring points present and in useable condition? ❑Yes ®No :nts: Monitoring well MW-10 is missing a mad box cover and the well cap is not secured. ie receptors observed at and in the vicinity of the site during the inspection consistent with those identified he file review? ❑No Comment: npermeable surfaces been added over or removed from over the plume area? ❑Yes ®No mts: :omments; A Permanent Solution with Conditions may be achievable with additional assessment. Although ;exceeded at monitoring well MW-10,wells downgradient from this location meet GW-3 standards based on rpling data and might meet GW-3 standard based on distance/dilution criteria(see EPANPH guidance). A wilding scenario could be addressed by application of a Permanent Solution with Conditions(see 310 CMR (2)(j)4). Remaining data gaps include assessment of a potential source upgradient of MW-10,soil rations within the treatment area,past occurrence of LNAPL,and a comprehensive round of groundwater data. 1 by: John Ziegler Date: December 15,2015