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