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459 Misc. 1988-2006 REPORT ON A HAZARDOUS MATERIAL SPILL INCIDENT DATE OF INCIDENT: August 15, 1988 TIME: 11:30 A.M. LOCATION: Pleasant and Fulton Avenue REPORTED BY: Northampton Fire Department Deputy Chief Larry Jones Northampton Police Department Officer S. Farrell DESCRIPTION OF INCIDENT: /. Dumping of sandblasting residue on vacant lot, estimated (10-20 cu.yds. ) by workers of the Benu Corp. , 216 Alexander Street, Youngstown, Ohio. Larry Frangos is the supervisor. Mr. Frangos claims that the paint has been tested and is non-hazardous. PROPERTY OWNED BY: William Hopkins, 20 Fruit Street, Northampton, MA ACTION TAKEN: DEQE,notified John Downe/if non-hazardous the cleaned up material can go to any landfill. State DPW notified (Maintenance Engineer George Pelletier) confirmed that the paint was non-hazardous. Ordered Mr. Frangos/Benu Corp. to clean up and properly dispose of the material. Clean up work underway at time of inspection. Test Report (attached) indicates that the material is non-hazardous. REPORT SUBMITTED BY PeEer J. b(cErlain Health Agent NOTE: Re-inspection August 16, 1988 revealed all improperly dumped material has been removed. DIV' )N OF REXHAM CORPORATION #13^94421 7650 HUB PARKWAY,CLEVELAND,OHIO 44125 • P.O.BOX 31480,: JELANO,OHIO 44131 exham TELEPHONE: 216-447.1550 DI BenuECorporation 216 Alexander St. Youngstown, OH 44502 • Attn:; Larry Frangos 1 1 88 MENTS RMINEO ,b ,iri 1.U CUSTOM ..•: -d-1, iben u4s?d.nSan+Disst4s ;Bdtaohid is?I aial brie crony: • Abrasive : Graphite `07148-8 SAMPLE NO. EPA' Tox E 2.44 , . ; SAMPLE NO. N. SAMPLE NO. SAMPLE NO. SAMPLE NO. SAMPLE NO. .... ::11 15 ,ra:;: SAMPLE NO. !e i. . .j 6J. .. ee re' ubmitted is {GL beloia. the'EPA maximum"li nit of 5 ppm i0 14664 rtify the above-analysis to be the true results on the designated samples: ' - " -"n NATIONAL SPECTROGRAPjf IC swa,- ce ORATORIES Reporting Office Ito and subscribed before ma a Notary Public in and for aunty of Cuyahoga,State of Ohio,this DAY OF ,19 formation end data in mis report are rendered under the conditions outlined in-Service Terms&Conditions'previously submitted.NSL assumes no liabilir kind with respect to the use by the customer or any third person of any information contained in this service. If erroneous results were originally reporte. only liability shall be limited to repeating the analysis without charge to customer or making a refund.No part of this report is to be reproduced for advet mahout our consent in writing. ORIGINAL REPORT OF ANALYSIS iUSSELL SYLVA Commissioner IHN J. HIGGINS I Environmental Engineer ireadthey gice at&woes z en/czL� thee" *uvetneizt U um. a nseacti azedt, en rizeegi zi °estegn-Merl, as gun C.9heee4 YfraLgield .Aim,. 01103 15) 785-5327 SEP 2 - 1988 Pizza Express 91 Pleasant Street Northampton, MA 01060 Attn: Mr. Gary Champagne, Owner RE: Northampton-- ERB - W88-447 Release of #4 Oil at Plaza Building 79 Pleasant Street M. G. L. ch. 21E NOTICE OF RESPONSIBILITY Gentlemen: This letter concerns the release of #4 fuel oil from a leaking underground storage tank located at 71 Pleasant Street, Northampton, Massachusetts. This condition constitutes a release and/or threat of release of oil or hazardous materials from the site. The prevention and/or mitigation of such a release or threat of release is governed by M.G.L. ch. 21E, the "Massachusetts 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 release of oil or hazardous material; the past owner or operator of such a site; any person who directly or indirectly arranged 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 release 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: (1) Information available to the Department of Environmental Quality Engineering indicates that you may be a liable party pursuant to section 5(a) as described above; 2) The Department is authorized pursuant to M.G.L. ch. 21E sections 3A(j) and 4 to take such response actions at the site as it deems necessary should you fail to respond to the release or threat of release in an appropriate and timely manner. and 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) times the cost of any and all response actions conducted by the Department due to the release/threat of release, 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 due to the release/ threat of release. Additional liability may be imposed under M.G.L. ch. 21E section 11 in the form of fines or penalties for each violation of chapter 21E. Your liability constitutes a debt to the Commonwealth. 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 actionlagainst you. You amay beyliableeforh i of the additional penalties or damages pursuant to other statutes or .common law. The Department has determined that the underground storage tank in question must be removed if such removal will not jeopardize the existing structures at the site. All contaminated soils presently stored on site must be properly handled and disposed of in a manner that complies with the provisions of the Deprtment's of Virgin PetroleumnOils,Rorimanaged Under• naccordance with the requirements of M.G.L. ch. 21C and 310 CMR 30.00. If you intend to undertake the required actions, you must notify the Department in writ'ng of your intent no later than seven (7) days from the date you receive this letter and contract with a tank removal firm capable of performing this work and acceptable to the Department. Your consultant must be able to submit to the Department a scope of work incorporating an accep- table sequence of actions and timetable by no later than thirty (30) days from the date of this letter. Depending on the information generated by the above work, the Department may require additional investigations, studies, and actions. If you fail to take these actions or if you fail to perform these tasks th n your Department's requirements, the Department may perform stead and recover up to three (3) times its costs from you in accordance with the provisions described above. If the Department does not hear from you within the time specified above, the )epartment will assume that you have refused to accept responsibility for the site. The Department will soon thereafter commence response actions, and will axpect to recover to the full extent of the liability set forth above. If you have any questions regarding this matter, please contact Stephen L. Pilegi of this office. Very truly yours, Stephen F. Joyce Deputy Regional Environmental Engineer Air, Solid & Hazardous Materials SLP:slp ER25:NORPLEA21 Certified Mail # P-524 678 096, Return Receipt Requested cc: Ed Benoit, Deputy Director. Office of Incident Response Stephen Richmond, Office of the General Counsel City of Northampton Fire Department City of Northampton Board of Health LL SVLVA ssicHer HIGGINS Engnneer Covets uf' en,eiiuuzrrcer aLe o eedenz, 436 avid 5%ee4 91 g ' 'y% 44'. 0/103 (413) 785-5327 r$EP 2 6 1988 ma Building Pleasant Street rthampton, MA 01060 tn: Mr. Joseph 0. Hebert, Owner RE: Northampton — ERB — W88-447 Release of #4 Oil at Plaza Building 97 Pleasant Street M. G. L. ch. 21E NOTICE OF RESPONSIBILITY entlemen: his ltter ysteme locatednatr79 Pleasant aStreet,4Northampton,o handling fuel oil Massachusetts. this condition constitutes a release and/or of releasegofioiloor ase of aazardous materials from the site. The prevention a release or threat of release is governed by M.G.L. ch. 21E, the "Massachusetts Oil and Hazardous Material Release, Prevention and Response Act." Chper 2E idnfis as ofaat site from or at e whichr theres islorp has ibeen ha release or operator threat of release of hazardous directlynorrindirectly arra ged for the transport, such a transport, site; any p 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 release at such as site. Suchepartiese are jointly threat of 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: alit to (1) Information available to the Department m liable Environ ronmentalaQuat ty Engineering indicates that you may section 5(a) as described above; 2) The Department authorized to take M.G.L. acts on at 21E the site e sections 3A(j) as it deems necessary should you to to the manner;or threat of release in an appropriate 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) times the cost of any and all response actions conducted by the Department due to the release/threat of release, 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 be imposed under M.G.L. release/threatt of release. Additional liability may P ch. 21E section 11 in the form of fines or penalties for each violation of chapter 21E. Your liability constitutes a debt to the Commonwealth. The debt, together In additions to the foreclosure remedya provided uby property the lien,nthe eAttor ealth .en on ney action l against you. You a may bey liable e for additional i of the Comonwelth additional penalties or damages pursuant to other statutes or common law. The must Dbearemovedhif suchrremovalhwillhnotnjeoperdize storage in as detemned the existing gstructures at the site. All contaminated soils presently stored on site must be properly handled Department'sdInterim Policy fornthe Management of Residuals p provisions ch.isposed of in with the requirementss of M.G.L. ch. 21C and 3101 aged in accordance CMR 30 00 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 thiseworkthis and acceptable tocontract capable pre Department. Your consultant must forming be able to submit to the Department a scope of work incorporating an accept— table sequence of actions and timetable by no later than thirty (30) days from the date of this letter. rr requirenaddition ail investigations,a tsetd u hye Du e pfaairtl m take these actions or if you fail to perform these tsinraccordancetwith theyour Department's requirements, the Department may perform stead and recover up to three (3) times its costs from you in accordance with the provisions described above. f the epartmenta will nassume that you within m you have refused to acceptresponsibility for the actions, and ills expecth to recoverntowthe full extent of the�liability response set forth above. If you have any questions regarding this matter, please contact Stephen L. ?ilegi of this office. Very truly yours, 4w Stephen F. Joyce Deputy Regional Environmental Engineer Air, Solid & Hazardous Materials SLP:slp ER25:NORPLEA2 IE Certified Mail # P-524 678 098, Return Receipt Requested cc: Ed Benoit, Deputy Director, Office of Incident Response Stephen Richmond, Office of the General Counsel City of Northampton Fire Department City of Northampton Board of Health WEL S.GREENBAUM Commissioner INN J.HIGGINS Regional Director hell Oil company 2 Waterville Road von, CT 06001 AR, Wsnieetzis �� c'a0 � 4(36 g t.�iwt. .� e y ;:idS . 0ss03 1i/3J 7M/00 Attention: Daniel McGill July 1 , 1991 RE: Northampton - W90-073 Shell station 506 Pleasant Street SA I 1-0911 M.G.L. c21E and 310 CMR 40.00 LOCATION TO BE INVESTIGATED Dear Mr. McGill: The Department of Environmental Quality Engineering (pursuant to Stat. 1989, . the Department of Environmental Qualihereinafter ee in shall be known n 101 p be unent as the Department Environmental Protection," atttheiab v possible disposal (the "Lo as the "Department")a Loc has determined that the above referenced property site "Location") is a Location 21E Be e sach Investigated tts Con in as a p site as defined in M.G.L. C. 21E and the Massachusetts Contingency Plan, (" 310. CMR 40.000. concerning the removal of a 550 gallon waste oil On February 8 1990, the Department received notification form IT Environmental, Inc. (IT) of Shrewsbury underground storage tank from a Shell oil station located at 506 Pleasant in Northampton, Massachusetts. Photoionization Detector i ) (ppm) from the tank grave indicated from 3 to 5 parts per million ovromtile organic on-site coPostnexcavationVsamples were taken from he was excavated bott stockpiled om and side walls. Report" On May 17, 1991, the Department received a "Site Activity West Summary Report prepared by IT and submitted Cmps by. Soil Groundwater taken from the bottom and the north on behalf of Shell oil Company. EPA Method 8240 - VoC and Total Pete wall the tank grave were analyzed by Petroleum Hydrocarbon (TPH) . The sample from the bottom indicated 102 parts per from the billion (ppb) of dichloromethane and 147 ppm of TPH.b of The total taken and 30,800 north wall indicated 86 ppb of dichloromethane, 24 pP ppm of TPH. Based yutonbehasdisposalt the this identified as an LTBI, it will be included on the list of "Locations and Disposal Sites" published by the Department. *Printed on Recycled Paper information currently available is insufficient to allow the Department to nfirm the Location as a disposal site. M.G.L. c. 21E and the Massachusetts ntingency plan require that the following be completed and submitted to the partment: 1. Preliminary Assessment ("PA") , as designated in 310 CMR 40.535 and 40.541. 80.535 2. phase I - Limited Site Investigation, as designated in 310 CMR and 40.543. 3. Disposal Site classification Form. hese documents will provide the information needed to determine if the Location s a displ site and to decide if further ecessary.osThe Department requires you to submit thremedial ocuments by no actions ater than 0 (ninety) days from the date of this letter. the tasks that should be completed for a Phase I report are outlined in 310 CMR :0.543. PA forms and Site classification forms may be obtained as indicated on :he attached form. If you perform the activities noted above, the Department will not seek to recover the costs it incurs in reviewing the Preliminary Assessment report, the Phase I Limited Site Investigation report, and the Disposal Site Classification form. You should be aware may hbe heldt liable Department all presponse action gcosts at if assessment activities,, y ou incurred by the Department. If the Preliminary Assessment and Phase I Limited Site Investigation indicate that the location onfpr waiver app lication is approved by the Department. disposal site, you may apply for a waiver of Department approvals. r response actions may be completed at the site without Department One Winter Street, ofiEnr applications can be obtained by writing to the Waiver Unit, Department of Environmental Protection, Bureau of Waste Site Cleanup, 5th Floor, Boston, MA 02108. If at any time an "imminent hazard" , as defined in 310 CMR 40.542, is discovered at the Location, you must immediately notify the Department, and submit a proposal for a short term measure. No short term measure may be commenced term measure is not performed without prior Department approval. If the short_ measu elf d recover the scot s Department for performing authorized this wrk.perform the short erm If the Location is confirmed as a disposal site, you may be named as a pRP") potentially responsible party (" with liability for up to three (3) times all response action costs incurred Department employees arranging for e the Department Response eesr contractors,g costs PRPs include s the cost of direct hours orks performed by response actions or overseeing e Department in support of those direct hours, and expenses incurred by (For more detail on cost liability, see 310 CMR 40.000:a Cost Recovery. ) contractors.to the Recovery.) You may also be liable for damages to The Department may also assess interest on costs incurred at the rate of twelve percent resources compounded annually.under or under M.G.L. c. 21A, section 16, for natural resources and liable under M.G.L. c. 21E, section 11 and othrovalse o each tiolstof C. C . 21E or other laws, violations of c. 21E and other statutes, regulations, orders ou have aany questions Your cooperation in this matter is appreciated. If Y regarding this communication, please contact Bernard Fish at the letterhead address. printed onRecycled Paper ure correspondence concerning the PA/Phase I should be directed to Alan nberg of waste site Cleanup of this office. Please reference the number at correspondence with the Department. top of this document in any P Very truly yours, ice'/- , t 7 Stephen F. Jo ce, Regional Engineer Bureau of Waste Site Cleanup FJ/BF/bf :nhamp073.1tb nc losure :ertified Mail, fP 502 602 230 Return Receipt Requested 'c' Northampton oamton re Department Groundwater Technology, Inc. , Mary Relyea C.• nmN on Recycled paper x 450 t, MA 02559 i4-6607 381564-6610 134-2330 December 20, 1996 Mr John Joyce Chairman Northampton Board of Health 210 Main Street Northampton, MA 01060 Mason Environmental Services, Inc. RE: Notice of Response Action Outcome Commercial Property 99 Pleasant Street, Northampton, MA RTN # 1-11557 P.O. Box 1121 West Springfield, MA 01090 Phone: (413)781-7474 21 South Main Street Sharon, MA 02067 Phone: (617) 784-1326 Dear Mr. Joyce: The purpose of this correspondence is to inform you that a Class A-1 Response Action Outcome Statement Report has been submitted to the Massachusetts Department of Environmental Protection (DEP), Western Regional Office in Springfield, MA, relevant to a release of#2 fuel oil at the above referenced site. The Class A-1 Response Action Outcome Statement (RAO) documents the risk reduction measures performed at the site relevant to the fuel oil release and describes the effectiveness of the Immediate Response Action (IRA) completed under a verbal authorization from the DEP. This correspondence fulfills the public notification requirement as set forth in the Massachusetts Contingency Plan, 310 CMR 40.1403. Between October 16, 1996 and December 18, 1996, MES performed an Immediate Response Action(IRA) at the commercial property located at 99 Pleasant Street, Northampton MA. Work completed under the IRA included the following: • On October 16, 1996, Cemak Tank Company of East Hampton, MA removed a 500 gallon #2 fuel oil UST and the associated feed lines. During the UST removal activities, evidence of a fuel oil release was observed. • As authorized by the responsible party, on October 17 to 20, 1996, MES notified the DEP of the fuel oil release and obtained verbal authorization to perform an IRA consisting of investigation of the release and excavation of up to 30 cubic yards of petroleum contaminated soil. • Between October 17 and 18, 1996, petroleum contamination from the release area was remediated through the excavation and removal of approximately 30 cubic yards of petroleum contaminated soil. Upon completing the excavation activities, MES submitted confirmatory soil samples from the excavated area for TPH analyses by EPA methods 418.1. • MES performed local town research and a site reconnaissance inspection to identify the possible sensitive receptors in the vicinity of the site. Environmental Services • Tank Services • 21E Site Assessments • Site Remediation The results of the IRA activities have resulted in the following site conditions: • A site reconnaissance inspection and local research did not reveal the presence of any potable drinking water wells within 500 feet of the release. • An inspection of the tank and the associated feedlines revealed the cause and origin of the release was attributed to pinholes found along the bottom of the UST. • Excavation of petroleum contaminated soil from the former UST location and beneath the laboratory footprint reduced the concentrations of petroleum related compounds (TPI-) to below method detection limits (BRL)along each sidewall of the excavations. • Laboratory analyses of groundwater from the on-site private drinking water well did not show any indication of impact from the#2 fuel oil release. • The contaminated soil stockpile was transported and disposed of at the Bardon Trimount Stoughton, MA facility on March 12, 1996,by Mason Environmental Services. Based on the results of the Immediate Response Action, the concentrations of oil and/or hazardous materials relevant to the #2 fuel oil release, encountered on December 26, 1995, have been reduced to below laboratory method detection limits and approach background. Therefore,a permanent solution and a "condition of no significant risk" to public health, welfare, public safety and the environment has been achieved relevant to the#2 fuel oil release. A copy of the Response Action Outcome report is available at the DEP Southeast Regional Office, in Lakeville, Massachusetts. If you have any questions regarding the above, please feel free to contact me at (508)-564-6607. Sincerely, c(-) Carmen E. Shay Project Manager CC. Mayor Mary Ford City of Northampton Mr.Adam Wright Massachusetts Department of Environmental Public Involvement Correspondence 17 Prospect Street Plympton,MA RTN#4-11957 12/26/96 Page 2 FLUOR DANIEL GTI Refer: 01122-0115 May 14, 1997 Honorable Mary Ford,Mayor City of Northampton 210 Main Street Northampton,MA 01060 Subject: DEP Site Na 1-0911 Shell Retail Facility 506 Pleasant Street Northampton,Massachusetts Dear Mayor Ford: The Massachusetts Department of Environmental Protection (DEP), on October 15, 1991,listed the above referenced property as a Location to be Investigated. In accordance with the requirements of 3ti 0 CMR 40.1400, please accept this correspondence as notification that conditions equivalent to a Response Action Outcome have been reached for the site,and a Licensed Site Professional (LSP) Evaluation Opinion Transmittal Form stating this has been submitted to the DEP. Based on the stated opinion that site conditions do not pose a significant risk to human health or the environment, no further assessment or remedial action is proposed for the location. Copies of all applicable project submittals are available for review at the DEP's Western Regional Office in Springfield,Massachusetts. If you have any comments or questions regarding the site, please call me. Sincerely, Fluor Daniel GTI,Inc. Jonathan D. Sorrow Staff Geologist Project Manager Jos Sell msnememP*P 1ie,ll4, e: Mr.Peter McErlain,Health Agent,Northampton,MA Department of Mr.Richard J. Reuter-Shell Regional Office Oil Products Company Kennedy Business Park II, 431 (F) Hayden Station Road / Windsor, CT 06095 USA (860) 688-1151 FM (860) 688-8239 \UL CELLUCCI COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE August 7, 1997 JRGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED Shell Oil Products Company 3 Edgewater Drive Norwood, MA 02062 Attention: Richard J. Reuter TRUDY COKE Secretary DAVID B.STRUHS Commissioner RE: Northampton 506 Pleasant Street Retail Gasoline Station Release Tracking #1-11948 NOTICE OF RESPONSIBILITY M.G.L. c. 21E 310 CMR 40.0000 Dear Mr. Reuter: On August 5, 1997 at 3:00 P.M. , Ms. Susanne Harland of EnEnvironmental tal Compliance of Services (ECS) provided oral notification, your behalf a release of oil/hazardous material at 506 pleasant Street further Northampton,n, MA. Io addition to oral notification, completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. In light of this action, the Department wishes to ensure that are (aware used in this notice, you" refers to Shell Oil Products Company) Preventionl and Response Act M t ~M.G.L. C.. 21E, and nthe Massachusettsr Contingency Hazardous Plan (MCP) , 310 CMR 40.0000. The information provided as part of your notification indicates that the above- referenced nropenohas uantitiess orctin °excessrelease he applicable reportable materials in unknown the Department has reay or reportable concentration.. Baord on this information, P which requires a response ta action. The cleanup portions of disposal fsitesaislgovernedlby reason to believe M.G.L. c. 21E and the MCP. The information otentialdl as part liability for notification action costs indicates da damages you under a party is intended to provide you with M.G.L. c. 214, 5 5. The attached summary information about liability under Chapter 21E to assist you in deciding what actions to take in response to this notice. Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)7464620 • Telephone(413)7841100 0 Printed on Pttyded Paper(20%Poet CUwumer) rou 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 :he time allowed for bringing litigation. The Department encourages you to take xny action necessary to protect any such claims you may have against third parties. ACTIONS UNDERTAKEN TO DATE AT THE SITE Information provided as part of the notification indicates that the following response actions have been performed to date at this disposal site: A Limited Removal Action (LRA) was being performed to remediate an area of the above refereced exceedn100 cubic yards,e evident ECS contactedhe Department on going that the vome of soil was your behalf to request approval to continue the LRA as a release abatement measure (RAM) . The Department granted oral approval of the proposed RAM as a continuation of the LRA to 1697. Nadi ionalo response actions s tofbe gasoline-contaminated conducted nas part of this -sAi' shall not be performed until approval is obtained from the Department. NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES In addition to the RNF submittal requirement described above, you must also submit, within 60 days of the date of notification to the Department, either a written RAM Plan, RAM Completion Report, or a Response Action Outcome (RAO) Statement. Any such submission shall be accompanied by the RAM fee and the RAO Statement fee, if applicable, specified in 310 CMR 4.00. No disposal response actions taken for it sun unless and v had all necessary the and t un lall 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. Unless otherwise provided by the Department, responsible parties have one year from the initial date notice of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the he Deartment t Department Notice of Responsibility, whichever occurs earlier, one of the following submittals: (1) a completed Tier Classification Submittal; or (2) a Response Action Outcome Statement. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. The deadline for these submittals for this disposal site is August 5, 1998. In addition the MCP requires responsible parties and any other person se undertaking response actions at a disposal Imsite tee to Hazards Immediate ionense perform Actions in response to sudden releases, Substantial ImmediateeRespo Response t Actions and no fy the Department eimmediatelye h need to if such for a need exists. PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS The Department parties having liability M.G.L. l za prompt action in response to releases and threats of release of ia d hard us 2 teriale. By taking prompt action, liable parties may significantly lower or reduce the amount of, certain rmit costs and hood the imposition of, payable under 310 CMR 4.00 (e.g. , rmit and/or annual compliance assurance due fees pay asual compliance assurance fee is due for Response Action Outcome Statements ibmitted to the Department within 120 days of the initial date of release ,tification) . )u must employ or engage a Licensed Site Professional to manage, supervise or isposay perform all response obain a list of which you s intend to ofrLicensed Site isposal site. You may rofeesionala by contacting the Board of Registration of Hazardous Waste Site leanup Professionals by telephone at (Massa h setts 02108 or person or by mail at ne Winter Street, 6th Floor, f you have any further questions, please contact John S. Bourcier at the or:ommunicads tio d regardingathe( 0 disposal site reference utheeReleasesTracking x312. All lumber listed in the subject block of this letter. Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup JSB/j sb/kml \1-11948.NOR Enclosure Certified Mail #P 348 034 970; Return Receipt Requested cc: Northampton Board of Health Mayor's Office Fire Department Susanne Harland-Environmental Compliance Services 3 ENVIRONMENTAL COMPLIANCE SERVICES, INC. August 26, 1999 File No. 13029.20 Document No. 16593 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup 436 Dwight Street Springfield,Massachusetts 01103 Attention: Mr.Bernard Fish RE: RTN#1-12984 Immediate Response Action Plan and Completion Report Pro-Lube 480 Pleasant Street Northampton,Massachusetts Dear Mr.Fish: Thee Response Plan at the site referenced above. The objective of the IRA purpose of this letter is to propose retroactively and to document the completion of an Plan nwasto provide Acute(IRA) Plan was to provide'unmediate relief of conditions which presented an Imminent Hazard(i.e., flammable vapors in interior air a concentrations in e ss of 10% within Lower containment xplosi excess of]0%of the Lower Explosive Limit resulting from a spill of waste oil containing a gasoline the component and removing the source of structure. These conditions were addressed by venting the vapors. 1.00 IlxmffDIATE RESPONSE ACTION PLAN 1.10-Persons Res''nsible for Conductinc the Immediate Response Action The persons conducting this IRA are as follows: Mr.John Richi c/o Pro-Lube. 480 Pleasant Street Northampton,Massachusetts 01060 Telephone: (413)586-5640 588 Over Street•Agawam, MA 010Q1 •413789-3530•Fax 413489-2116 157 1113 Guilford e d Street 6•Brighton, MA 0213530611 802-257-1195• FaxF611454-5939 603 2119 West Brandon Blvd., Suite K•Brandon, F1.33511 •813-643-8881•Fax 813-643-3841 ENVIRONMENTAL COMPLIANCE SERVICES, INC. Mr.Bernard Fish Massachusetts DEP Springfield,Massachusetts August 26, 1999 Page 2 Mr.Matthew M.Pitoniak do The Depot 125A Pleasant Street Northampton,Massachusetts 01060 Telephone(413)586-5364 Relationship to site: Co-owners. 1.20-Descri tion of Release or Threat of Release posed by the presence of flammable This IRA Plan addressed an Imminent Hazard P y vapors in a structure at concentrations in excess of 10%of the Lower Exploov of waste he losive e Limit. The release of these vapors to air resulted from a spill of between 25 and 30 g oil containing a component of gasoline to a containment structure in the basement of the building. 1.30—Immediate Response Actions Previousl Undertaken at the Site Prior to the actions described here,no previous Immediate Response Actions have occurred at the site. 1.40—Reason for Immediate Res once Action An Immediate Response Action was required to address conditions which constituted a The presence within a structure of oil or hazardous an Imminent vapors s i per ruc ureI at concen1(1)on of the Lower r Explosive vapor material vapors in a structure at concentration equal to or greater than 10%of the Lower Ex Limit. During response actions at the site, prior to initiating venting concentrations equal to 45% of the Lower Explosive Limit were measured in the basement of the structure. ENVIRONMENTAL COMPLIANCE SERVICES, INC. Mr.Bernard Fish Massachusetts DEP Springfield,Massachusetts August 26, 1999 Page 3 1.50-Objectives posed by the The objective of gef IRA Plan ntrations of vapors in the basement of[�on-site structure. Additional l potentially dangerous as part of this 1RA plan to evaluate the potential for Additional assessment wasp migration of petroleum outside the confines of containment structure in which the release of petroleum occurred. 1.60--Back ound y operated as Pro-tube, Inc. at 480 Pleasant ton, Massachusetts. The facility consists of a The release occurred at an oil change £atilt op single in e-s southern part blof ock the City steel Northampton, single one-story concrete block and steel building with a partial basement located on a paved lot east of Pleasant Street. Properties abutting and in the vicinity of the site are used solely industrial and commercial waste water treatment works is located d east t purposes.sit A railroad ient with right-of-way es and the Northampton groundwater fe the west of the wh respect to groundwater flow. A .motel v located esi enc a are to from feet west of the site on the western side of Conz Street. Private residences are located reties locations ca one are situated both storm drain om approximately 500 feet northwest of the site. Both of these locations are sie upgr the site with respect to groundwater flow and upgradient sewer flow. constructed circa 1988)with pit area is located beneath the two The single building on the site is a relatively modem facility scut service bays,ser two of which are used for oil changes. A p roximately 13.8 feet long by 17.16 feet wide is present in the eastern southern-most service bays where oil changes are performed. A containment structure, consisting oft eight-walled he aem nt. This of the basement. This room was specially built as a containment structure. The walls of this room are one foot thick concrete keyed into the six-inch thick slab floor with a wateaimed. This room water seal a the from r seal at th join (see Figure). The floor of the room is sealed with epoxy and p generated 1.5 5 f feet and automotive The is which the west by a small door with a bottom sill located 1.5 feet above the slab. The room is used to contain virgin and waste oils used in and g occurs on the site. 1.70—Release History personnel on the site and 12-Noon on June 19, 1999 pers of Springfield, Between release apf waste i 1030 AM ved on the gite at Massa a tts w of waste oil within the containment ttrhe sit nd a Fire the site at Upon arrival at the site, CYN notified the Massachusetts was immediately notified of conditions at the site and am approximately 2:30 PM. P ENVIRONMENTAL COMPLIANCE SERVICES, INC. Mr.Bernard Fish Massachusetts DEP Springfield,Massachusetts August 26, 1999 Page 4 (approximately 3:00 PM). Fire Department personnel arrived on site between 3:00 and 3:30 PM,Lower screened air within the which the Fire Department took detected elevated At approxima ely 7e 0 PM,and Explosive Limit,upon the arrival on-site of Captain Corbett of the Northampton Fire Department (IIAZMAT) and the requisite equipment, the structure was vented and the liquid on the floor of the containment structure was evacuated. Fire Department officials estimated the total volume of eresentt material rhe site released at ed within nf the time rele aiemsugt at 60 smaller volume, be estimates een atpsro personnel Waste materials of release suggest a smaller clea volume, ed o een 55-gallon 26 and 30 gallons. during the cleanup included one 65-gallon drum of recovered oil and absorbent material (approximately half-filled with oil recovered from the floor of the containment structure waste subsequently cons siting primarily of oil soaked cardboard boxes and slome drums of material.addition of absorbent 1.80—Immediate Res onse Action Immediate Response Actions taken in response to this release consisted of: 1.) Venting the structure until monitoring indicated safe levels of the L.E.L.; 2.) Evacuation of liquid from the floor of the containment structure,and; 3.) Placement and replacement of absorbent materials on the floor of the containment structure to remove residual petroleum. As a result of these actions, including the replacement of absorbent materials on the floor of the containment structure,the presence of volatile organic compounds in ambient air in the pit area of the building has been eliminated and no detectable percentage of the L.E.L. or of volatile organic compounds is present in the containment structure,or in a sump located outside the containment structure(the lowest nearby structure). The containment structure and the surrounding area was and as August ene 2fo the at as screened fort the which hici of volatile detectable cc compounds ion on August were prey 1t, August ned9 No wh time no detectable concentrations were present. The area was screened for the presence of vapors in excess of the Lower Explosive Limit on detectable percentage of the L.E.L.was present—within the containment structure or pit area,or within the sump beneath the pit area. posed by the presence of As a L.E.L.within of these structure the been eliminated p pen associated elevated L.within the structure has been eliminated and potential impacts of the c avebeennalleviated. No avid nceeof a release of petroleum beyond the ENVIRONMENTAL COMPLIANCE SERVICES, INC. Mr.Bernard Fish Massachusetts DEP Springfield,Massachusetts August 26, 1999 Page 5 2.00 WASTE MANAGEMENT Waste materials generated during this cleanup resulted in the generation of three drums materials of (one consisting of oil and absorbent material,two other contminatedmater materials)which were disposed of under manifest by CYN Oil of Springfield o August 26, 1999. Should you have any questions concerning this information,please do not hesitate to contact our office. Sincerely, Environ ompliance Services,Inc. S.Page Fallon,Ph. Technical Director• Senior Project Manager Attachments SG-O ciecc6 l=L 04.00{9100 S•/n e u Iyy' 7 c v ` am∎ << - & � y I a 911 11 b Il qq o p-nn'r-W[h I 6 L I N,oe.. ,e.. Gals.s�':.0-_- . ii \el 3 -------------- Al .. . ®® r f•-o'XW'0 70070.1Q L sot 4�c Nz i�6 J al It — 9 S—M—I _ MET Vsjw.ez. t a[ Ii It I 9© 0004 VP LO 0 9P, .stfls of yee. Ill .. LOCI- 00.r. 000 241 , a J I- FOUNDATION PLAN Figure 1: Foundation Plan of Building. CMS°Pv4 W pp° AIWA 1 ""1 i I Figure 2: Plan of Oil-Change Pit and Containment Room vxC.o- W 2.9 x W 2.9 S5 CI 30- • 11 1'� ! -i5 y' CONC. OH METAL OF,CKItG L 2X2 Xy=rr Cent 4-444x3% SI cu. PLATE Wr V2"4' Ca" -c»; A%CHOE G1UD 7-S5 e.• p;'.o.c. • t KOR'z.) E.F.. 7-.524"b.c.. .. E.F. @- CENTER.. UNDEF Co4.. 94-SF. PLATE.; pyL'OTHER'S 5G. 12'o.Gt +5 &I2'o.c. E.F. • 7-'5 oOW7J-• G Jr`. E.F. C- CENTER. UNDER . CAL. 6d.SF. pLt.-r?♦ :ALL OTHER AS 5 PJ 12° 4-`S ToP Fr Bo'i. CoXCo- WG.OXWCo.O. 4'1 -t VOLCLP.Y "I.YPE I pAi Et-s M.4cd,c 51DE5 Fr IINOEF._ 5LAr> old:6 MIL WATER PR.oOF 1•47,M 6Re-NL.: Z74. 4SN -. 11-Gill c011% MrTAL• • -STOP • cc:g.i cTE0 ALL' . . Figure 3: Cross-Sectional Detail of Wall of Containment Cont ent(pl section 105/3/3)showing keyed join and at water Photographs List of Photo anhs: Photograph#1: Photograph#2: Photograph#3: Photograph#4: Photograph#5: Photograph#6: Photograph#7: Photograph#8: Pit Area: Entrance to Containment Area(showing elevated entry sill). Entry to Containment Area. Containment Floor: Eastern portion near vent. Containment Floor: Southern Portion Containment Floor and Walls: Northern Portion Containment Floor(central portion looking toward elevated sill) Containment Floor(central area and access door with elevated sill). Containment Area looking west into exterior. 0 ENVIRONMENTAL a Silver Street trefl•Aetna AAN010001 INC ENVIRONMENTAL SERVICEL INC 500 Si Street l 1001 0 ENVIRONMENTAL C • Amo SRA OLCOI INC. 50B SLLvee Street et et • IANCE C ENVIRONMENTAL COMVIJANCE SERVICE& INC. See SIMr Street • Agefem. MA 01001 0 ENVIRONMENTAL COMPLIANCE SERVICES. INC. 589 SIInt. 9 Nee L • loerem. MA 01.001 e ENVIRONMENTAL COMPLIANCE SERVICES, INC. EM Sliver Street • Agents. MA 01001 ENVIRONMENTAL 0 SIwe Street M• AgewemS MA 1001 INC. e ENVIRONMENTAL BSii Silver COMPLIANCE ct Agnwm.SNA 0`001 INC.• ENVIRONMENTAL COMPLIANCE SERVICES, INC. October 26, 1999 File No. 13029.2 Document No. 17225 fie Certified Mail dayor Mary L. Ford 2.ity of Northampton 210 Main Street Northampton, MA 01060 RE: Pro-Lube, Inc. 480 Pleasant Street Northampton, MA 01060 Release Tracking # 1-12984 Dear Madam: On behalf of Pro-Lube, Inc, Environmental Compliance Services, Inc. (ECS) submitted the following: Response Action Outcome Statement to the Massachusetts the uet can Department ben f Environmental Protection (DEP) on October 15, 1999. A copy of the of Waste Site obtained by contacting the Department of Environmental Protection, 436 Dwight Street, Springfield, Massachusetts, 01103 If you should have any questions concerning this submittal, please do not hesitate to contact our office. Si cerely, E VfRON MENN�;O LIANCE SERVICES, INC. evin C. Sheehan, '.E.,LSP, LEP Principal, Senior Project Manager KCS/dm cc: Board of Health - Via Certified Mail Massachusetts DEP - Via Certified Mail 588 Silver Street•Agawam, MA 01001 •413-189-3530•Fax 413-789-2776 157 Old Guilford Road#6 •Brattleboro, VT 05301 •802.257-1195•Fax 802-257-1603 18 Shepherd Street•Brighton, MA 02135.617-782-4417•Fax 617.254-5939 2119 West Brandon Blvd., Suite K•Brandon, FL 33511 •813-643-8881•Fax 813.643-3847 PAUL CELLUCCI tr WIfT ant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE November 24, 2000 URGENT LEGAL MA I 1 ER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED O'Connell Oil Associates Incorporated 45 Merrill Road Pittsfield,MA 01201 Attn.:Charles Shogren Re: NOTICE OF RESPONSIBILITY M.G.L.c.21E,310 CMR 40.0000 Northampton 506 Pleasant Street Retail Gasoline Station Release Tractin#1-11948 BOB DURAND Secretary LAUREN A LISS Commissioner Dear Mr.Shogren: On August 5, 1997, at 3:00 P.M., a representative of Environmental Compliance Services (ECS) provided oral notification, on your behalf to the Department, of a release of oil/hazardous material at 506 Pleasant Street in Northampton,MA. In light of this information,the Department wishes to ensure that you are aware of your rights and responsibilities under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,MG L c 21E,and the Massachusetts Contingency Plan(MCP),310 CMR 40.0000. The information contained in your submittal indicates that the site has been subject to a release of oil/hazardous materials in excess of the applicable reportable quantity or reportable concentration. Based on this information,the Department has reason to believe that the property,or portions thereof,is a disposal site, which requires a response action. The cleanup of disposal sites is governed by M.G.L.c.21E and the MCP. The Department has reason to believe that the release/threat of release that was reported is or may be a disposal site as defined in the Masssachusetts Contingency Plan, 31 OCMR 40.0000 (the "MCP"). The Department also has reason to believe that you (as used in this letter `you" refers to the O'C4nnell Oil Associates Incorporated) are a party with potential liability for response action costs and damages under M.G.L.c.21E, § 5. The attached summary is intended to provide you with information about liability under Chapter 21E to assist you in deciding what actions to take in response to this notice. You should be aware that you might 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 that 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. This information is available in alternate format by calling our ADA Coordinator at(617)574-6871. 438 Dwight Street•Springfield.Massachusetts 01103 n FAX(413) Recycled Paper 784leE TDD(413)746-8620•Telephone(413)784-1100 on •otice of Responsibility 506 Pleasant Street,Northampton RTN 1-11948 Page 2 ACTIONS UNDERTAKEN TO DATE AT THE SITE Information provided as part of the notification indicates that the following bere poe actions so have been performed to date at this disposal site: A Limited Removal Action(LRA) being performed an area of the above referenced property. When it became evident that the volume of soil was going to exceed 100 cubic yards, ECS contacted the Department on your behalf to request approval to continue the LRA as a Release Abatement Measure(RAM).The Department granted oral approval of the proposed RAM as a continuation of the LRA to excavate up to 200 cubic yards of gasoline-contaminated soil on August 5, 1997. Please ote that until pproval i obtained from the Department, additional respose actions shall not be performed as part of the said RAM plan. NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES 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 (RAO) Statement prepared by a LSP upon determining that a level of no significant risk already exists or has been achieved at the disposal site. Unless otherwise provided by the Department,responsible parties have one year from the initial date notice of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility,whichever occurs earlier,to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; or (2) a RAO Statement; or (3) a Downgradient Property Status Submittal. The one-Year anniversary date for this release was August 5, 1998. To date none of the above referenced submittals have been received by the Department and as such, the site has been listed as a default Tier 1B,subject to the annual compliance fee for the same,as of August 5, 1998,and shall remain until such time when a Tier Classification or a RAO is submitted to the Department. In addition, the MCP requires responsible parties and any other person undertaking response actions at a disposal site to perform Immediate Response Actions in response to sudden releases, Imminent Hazards and Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for Immediate Response Actions and notify the Department immediately if such a need exists. Pursuant to 310 CMR 40.0167,the Department is establishing an Interim Deadline of 30 days from the date of receipt of this Notice, for you to provide the Department with either a) a completed Tier Classification Submittal; a RAO Statement, a Downgradient Property Status Submittal or a strict compliance schedule,not to exceed beyond February 1,2001,to bring the site into compliance. PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS The Department encourages parties having liability under M.G.L.c.21E to take prompt action in response to releases and threats of release of oil and hazardous materials. By taking prompt action, liable parties may significantly lower cleanup costs and avoid the imposition of, or reduce the amount of,certain permit and/or Votice of Responsibility 506 Pleasant Street,Northampton RTN 1-11948 Page 3 annual compliance assurance fees payable under 310 CMR 4.00(e.g.,no annual compliance assurance fee is due for RAO Statements submitted to the Department within 120 days of the initial date of release notification). You must employ or engage a LSP to manage, supervise or actually perform all response actions,which you intend to undertake at this disposal site. You may obtain a list of the names and addresses of LSPs by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617)556-1145 or in person or by mail at One Winter Street,6th Floor,Boston,Massachusetts 02108. If you have any further questions,please contact John Bourcier at the letterhead address or at(413)755-2112. All future correspondence communications regarding the disposal site should reference the Release Tracking Numbers listed in the subject block of this letter. Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup DAS/els/kml 11948.nor2.doc Enclosure Certified Mail No.7000 0600 0026 1472 9981 cc: Northampton Fire Department Health Department Chief Municipal Official Kevin Sheehan-Environmental Compliance Services Dennis V.Nielsen Motiva Enterprises L.L.C. P.O.Box 178- South Deerfield,MA 01373-0178 ENVIRONMENTAL COMPLIANCE SERVICES, INC. Via Certified Mail Mayor Mary Clare Higgins 210 Main Street Northampton, MA 01060 December 28, 2000 File No. J13O59 Document No. 19652 RE: Notification of Release Abatement Measure Shell Gas Station 506 Pleasant Street Northampton, MA 01060 Dear Mayor Higgins; The purpose of this letter is to provide notification according to 310 CMR 4O.14O3(3)(d) of the implementation of a Release Abatement Measure at the location referenced above. The purpose of this Release Abatement Measure was to excavate and remove petroleum contaminated soils at the site. Release Abatement Measure activities commenced at the site on August 4, 1997 and were completed by August 8, 1997. If you should have any questions concerning this information, please do not hesitate to contact our office. JN/dm Sincerely, ENVIRONMENTAL COMPLIANCE SERVICES, INC. ohn Niedziel Senior Project Manager cc: Board of Health - Via Certified Mail Massachusetts DEP - Via Certified Mail Silver Street in, MA 01001 -189-3530 13789-1776 157 Old Guilford Rood#6 Brattleboro, VT 05301 801-757-1195 fax 801-757.1603 I B Shepherd Street Brighton,MA 07135 617.787.4411 Fax 617-154-5939 2119 West Brandon Blvd., Suite K Brandon,FL 33511 813.643.8887 Fax 813-6433847 74 Boston Posl Road Madison, Cr 06443 203-245-3322 Fax 203-245-3494 i4 )I - FEB 5 2001 AMPTON BOARD OF HEALTH ENVIRONMENTAL COMPLIANCE SERVI('f5, IFK. February 2, 2001 File No. J13059 Document No. 19866 Via Certified Mail Mayor Mary Clare Higgins 210 Main Street Northampton, MA 01060 RE: 506 Pleasant Street Northampton, MA Release Tracking #1-11948 Dear Mayor Cohen: On behalf of the Property Owner, Environmental Compliance Services, Inc. (ECS) submitted a Tier II Classification to the Massachusetts Department of Environmental Protection (DEP) on January 12, 2001. A copy of the report can be obtained by contacting the Department of Environmental Protection, Bureau of Waste Site Cleanup, 436 Dwight Street, Springfield, Massachusetts, 01103. A copy of the legal notice to be published in the Daily Hampshire Gazette is attached. If you should have any questions concerning this submittal, please do not hesitate to contact our office. KCS/It Si erely, VIRONME r, PLIANCE SERVICES, INC. Kevin C. Sheehan, P.E.,LSP, LEP cc: Board of Health - Via Certified Mail Massachusetts DEP - Via Certified Mail 588 Silver Street Agawam,MA 01001 413.789.3530 Fox 413-789-2776 157 Old Guilford Road#6 Brattleboro, VT 05301 802-257-1195 Fax 802-257-1603 18 Shepherd Street Brighton,MA 02135 617-782-4417 Fax 617-254-5939 2119 West Brandon Blvd.,Suite N Brandon,Fl 33511 813643-8887 Fax 813-643-3041 74 Boston Post Road Madison, AT 06443 203-245-3322 Fax 203-245-3494 NOTICE OF AN INITIAL SITE INVESTIGATION AND TIER II CLASSIFICATION Shell Gasoline Station 506 Pleasant Street Northampton, MA Release Tracking No. 1-11948 Pursuant to the Massachusetts Contingency Plan (310 CMR 40.04801, an Initial Site Investigation has been performed at the above referenced location. A release of oil and/or hazardous materials has occurred at this location which is a disposal site (defined by M.G.L. c. 21 E, Section 2). This site has been classified as Tier II, pursuant to 310 CMR 40.0500. Response actions at this site will be conducted by O'Connell Oil Associates, Inc., Inc. who has employed Kevin C. Sheehan to manage response actions in accordance with the Massachusetts Contingency Plan (310 CMR 4.0000). M.G.L. c. 21E and the Massachusetts Contingency Plan provide additional opportunities for public notice of and involvement in decisions regarding response actions at disposal sites: 1) the Chief Municipal Official and Board of Health of the community in which the site is located will be notified of major milestones and events, pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from ten or more residents of the municipality in which the disposal site is located, or of a municipality potentially affected by a disposal site, a plan for involving the public in decisions regarding response actions at the site will be prepared and implemented, pursuant to 310 CMR 40.1405. To obtain more information on this disposal site and the opportunities for public involvement during its remediation, please contact Kevin C. Sheehan, Environmental Compliance Services, Inc., 588 Silver Street, Agawam, Massachusetts, 01001, (413) 789-3530. AUDITS Massachusetts Department of Environmental Protection BWSC Audit Program Fact Sheet futhority. Mandate,and Funding for Audits The Massachusetts Department of Environmental Protection(DEP)is required to audit response actions at disposal sites by M.G.L Chapter 21E§ 3A(o). This law mandates that DEP audit a minimum of 20%of all sites for which annual compliance assurance fees are required to be paid. Annual compliance assurance fees save as the furling source for the audit program DEP has issued regulations to govern the audit process in the revised Massachusetts Contingency Plan (MCP) (310 CMR 40.1100). M.G.L. c. 21E and the MCP also give DEP the authority to inspect sites, collect environmental samples,and require the submission of pertinent information related to a site. That is the Goal of an Audit? 'ha The goal of an audit is to ensure compliance with M.G L.c.21E and the MCP by verifying that response actions have been conducted according to a0 applicable requirements of the MCP. The ptincipal focus of the evaluation is to determine whether human health,safety,public welfare,and the environment have been adequately protected by response actions conducted at the site. Overall,the DEP audit program has been designed to ensure: Compliance with M.G.L.c 21 E,the MCP,and other applicable requirements. Consistency of audits within and across DEP regions. Credibility to maintain public confidence that remedial response actions that have little or no direct DEP oversight are being performed in a proper and timely manner. Commitment to achieving the 20%audit target in M.G.L.c.21E. The data generated by the Audit program will be used to evaluate the overall success of the strategies in the new MCP. are the steps in an Audit? Important points to note in the process are: • DEP may audit sites, response actions, Responsible Parties(RPs), Potentially Responsible Parties (PRPs), or Other Persons. • DEP may select sites for audit at random or on a targeted basis • DEP'vmy take enforcement actions for violations ar any time in the process. - • DEP will provide reasonable Notice of Audit beyond an examination of documents in Department records,or within other public records Such activities may include.(I)a request for information,(2)a r quest to meet with DEP,(3)a site ins,ection,(4)collection of samples,or(S)other actions as required. • DEP will issue a Notice of Audit Findings at the conclusion of an audit if the audit was comprised of more than an examination of documents within the Department's records or in other public records. DEP is not required to issue a Notice of Audit Findings if doing so might jeopardize enforcement actions at a site. hen may a site be audited? n95 DEP selects sites for audit randomly (Random Audit) and by criteria- 'fie methods (Targeted Audits) within the following timeframes. I)Within two(2)years from filing a Class A or B Action Outcome Statement(RAO),DEP may select a site for a Random Audit 2)From the point of the initial release notification to five(5)years after a Class A or Class B RAO has been filed,DEP may select a site for a Targeted Audit 3)DEP shall not initiate a Targeted Audit after 5 years unless DEP has reason to believe that: 1/10/00 SC Audit Piagram Fad Shed Page 2 Failure to maintain or achieve a level of No Significant Risk . Discovery of a significant risk at the site. Response actions taken were in noncompliance. The RAO statement failed to identifykmwn facts,data,or conditions. The person responsible for response actions at the site failed to fully respond to a Request For Information(RR) from the D . A change in use or conditions at the site that has causal exposure or increased potential for exposure to oil and/or hazardous material. Failure to retain documents regarding the site Failure to perform operation and maintenance and monitoring activities at the site. Individuals involved in a pattern of noncompliance or response actions that violate an Environmental Restriction. Any change in activity,use and/or exposure at the site without an evaluation of an LSP and additional response actions. DEP may initiate,at any time,a Random or Targeted Audit of any site subject to an Activity and Use Limitation(AUL). What are m responsibilities in an Audit? As a RP,PRP,or Other Person,you have two principal obligations during an audit: (I) You must respond to"Requests For Information"(REls)from DEP under the MCP(310 CMle 40.0165(1-5)and 40.1120(1)(b&c)and under M.G.L.Chapter 21E§§2,4,and 3. (2) You must allow entry to the site by DEP staff,agents,and contractors for the purpose of sampling or to inspect any records, conditions equipment,practices, or property under M.GL Chapter 2WE § 8 and the MCP (310 CMIR 40.0166). DEP, however, must arrange any such entry at reasonable times and give you reasonable notice. low lone will the Audit take? If DEP's initial review of the file raises no questions and reveals no deficiencies or violations,an audit could end within several weeks. In such case, DEP is not permitted to notify the RP, PRP,or Other Person of the audit If, however, information is unavailable,or deficiencies or violations are discovered,the audit could take several months to complete and may include a Notice of Audit Finding and request for an Audit Follow-up Plan. What ma ha pen if violations or deficiencies are found? If the audit discovers violations or deficiencies, at the conclusion of the audit DEP may ask you to. (1) correct those violations and deficiencies within an Interim Deadline,(2)submit an Audit Follow-up Plan, and/or(3)padicipate in compliance assistance. An Audit Follow-up Plan specifies actions to provide information to confirm,demonstrate, or achieve compliance- Audit Follow-up Plans will be requested where a more extensive effort is needed to achieve compliance Audit Follow-up Plans must be approved by DEP. Upon completion of activities required at the conclusion of an audit within an Interim Deadline or through an Audit Follow-up Plan,a Post-Audit Completion Statement shall be submitted to the DEP. Compliance assistance is a voluntary process for all patties concerned and will only be initiated by DEP after an audit is complete. Will DEP take any other actions if violations are discovered? DEP may also initiate enforcement actions for violations found at any time during or after an audit Enforcement actions may include issuance of a Notice of Noncompliance,Notice of Intent to Assess a Civil Penalty,Notice of Enforcement Conference,Notice of Responsibility,Notice of Response Action,and/or a DEP order. Who should I talk to if I have questions regarding an audit finding? rsion 9.5 DEP Auditors often discuss potential compliance problems with RPs,PRPs or Other Persons during the course of audits. Call or write the DEP contact person listed in either the Notice of Audit or Notice of Audit Find'rtrgs if you would like to further discuss any findings. 1/10/00 ATTACHMENT B CERTIFICATION OF SUBMITTAL (310 CMR 40.0009) This certification must be included with your response to the Request for Information. I, attest under the pains and penalties of perjury(i) that 1 have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this submittal, (ii) that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii)that I am fully authorized to make this attestation on behalf of the person or entity legally responsible for this submittal. Dthe person or entity on whose behalf this submittal is made an/is aware that there are significant penalties, including,but not limited to,possible fines and imprisonment, for willfully submitting false, inaccurate or incomplete information. By: For: RTN Ii: Signature Title Date Name of person or entity )EO PAUL CELLUCCI error IE SWIFT itenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Mr. Matthew Pitoniak Pro-Lube, Inc. 480 Pleasant Street Northampton, MA 01060 February 5, 2001 Re: Northampton, 1-12984 Pro-Lube 480 Pleasant Street IRA, RAO BOB DURAND Secretary LAUREN A. LISS Commissioner NOTICE OF AUDIT REQUEST FOR SITE INSPECTION Dear Mr. Pitoniak: The Department of Environmental Protection's Bureau of Waste Site Cleanup(the Department) has selected the above-referenced site for an audit. The Department audits response actions conducted without Department oversight at oil and/or hazardous material disposal sites, in order to ensure that these actions are meeting the requirements of Massachusetts laws and regulations, including Massachusetts General Law Chapter 21E and the Massachusetts Contingency Plan (the MCP), 310 CMR 40.0000. An Audit Fact Sheet is attached (Attachment A)that outlines the audit process and provides the citations in the MCP that relate to the audit process. Audit staff from the Western Regional Office will primarily focus on the Class A-1 Response Action Outcome(RAO) Statement,dated October 1999,prepared by Environmental Compliance Services,Inc. (ECS), and received by the Department on October 15, 1999, for this audit evaluation. In addition,the Immediate Response Action Plan and Completion Report dated 8/26/99, and prepared by Mark Hellstein, LSP#7794, may be evaluated during this audit. The Department's evaluation of the site's compliance status will be based on the information provided in these documents. If you are aware of additional, existing documentation relevant to the response actions being audited at the site,please submit the existing documentation to the Department within fourteen days of your receipt of this notice. A statement or a revised site plan that clearly identifies the disposal site boundary, and identifies the portion of the This information is available in alternate format by calling our ADA Coordinator at(617)576d87I. 435 Dwight Street.Springfield,Massachusetts 0111103.FM(413)784-1149.TDD(413)746-6820.Telephone(413)7841100 Punted on Recycled Paper Pro-Lube,Northampton,1-12984 2 Notice of Audit disposal site to which the RAO applies,is requested at this time. Any submittal made in response to this notice must contain the attached Certification of Submittal per 310 CMR 40.0009 (Attachment B). Request For Site Inspection The Department requests an appointment to inspect the site on February 22,2001 at 9:00 a.m. The inspection will be conducted by Tom Keefe. You or your representatives familiar with the site are requested to attend. The Licensed Site Professional(LSP)-of-Record may also attend. Please call Tom Keefe within seven (7) days of receipt of this notice at(413) 755-2117 to either confirm the appointment or to arrange an alternative date or time. The purpose of the inspection will be to evaluate the site conditions in relation to the information received by the Department. Preliminary audit findings based on the Department's file review may also be discussed during the site inspection. Audit Results After the site inspection, the Department will evaluate whether the actions taken at the site are in compliance with the regulations and meet the performance standards needed to protect public health, safety, and the environment. The Department's determination of compliance will be based on the work performed as of the date the Department received the submittal. You will receive a Notice of Audit Findings summarizing the results of the audit. If the Department finds that response actions were not conducted in compliance with the MCP, you will be notified of the actions needed to return to compliance. The Department may set deadlines by which you will be expected to correct any violations, or the Department may pursue higher level enforcement. If you have any questions about this notice,please call Tom Keefe at(413) 755-2117. The Department appreciates your anticipated cooperation in this matter. Sincerely, Thomas Keefe Environmental Analyst Catherine Wanat Section Chief, Audits/Site Management Bureau of Waste Site Cleanup Certified Mail 7000 0026 4624 7491 Return Receipt Requested Pro-Lube,Northampton,1-12984 Attachments: A. Audit Fact Sheet B. Certification of Submittal 3 Notice of Audit cc: City of Northampton Chief Municipal Officer City of Northampton Health Department Mark Hellstein, LSP-of-Record, ECS Audit Coordinator, DEP-Boston WERO Audit File Data Entry: NOA/IRA,RAO EO PAUL CELLUCCI Thor 3 SWIFT tenant Governor COMMONWEALTH OF MASSACHUSE I I S EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Mr. Matthew Pitoniak Pro-Lube, Inc. 480 Pleasant Street Northampton, MA 01060 MAR S 2001 Re: Northampton, 1-12984 Pro-Lube 480 Pleasant Street IRA, RAO BOB DURAND Secretary LAUREN A LISS Commissioner NOTICE OF AUDIT FINDINGS Dear Mr. Pitoniak: On February 5, 2001,you were notified that the Massachusetts Department of Environmental Protection(the Department)had begun to audit response actions conducted to address the release of oil and hazardous material at the location identified above. In particular,the audit focused on the Immediate Response Action at this site and subsequent Response Action Outcome. This notice informs you of the results of the Department's audit. DETERMINATION The Department has determined that a violation of applicable requirements of the Massachusetts Contingency Plan(MCP)occurred,but was corrected. Therefore, no additional actions are necessary for this violation at this time.The Audit Memorandum(Attachment A)describes the activities Department personnel performed during the audit, summarizes relevant site information, and lists the violation that you have already corrected. Although the Department is not requiring additional actions to address the violation identified in the Audit Memorandum, the Department may include this violation to establish a pattern of noncompliance if future enforcement actions are pursued. This information is available in alternate format by calling our ADA Coordinator 21(617)514-6872. 436 Dwight Street.Sprngfleld,Massachusetts 01103.FAX(413)784-1149.TED(413)746-6620.Telephone(413)784-1100 CO Printed on Recycled Paper Pro-Lube,Northampton,1-12984 LICENSED SITE PROFESSIONAL 2 Notice of Audit Findings A copy of this notice has been sent to Mark Hellstein,LSP#7794,the LSP-of-Record for the Disposal Site. LIMITATIONS The Department's findings were based upon the certainty of the information reviewed during the audit.These findings do not: (1)apply to actions or other aspects of the site that were not reviewed in the audit, (2)preclude future audits of past, current,or future actions at the site,(3)in any way 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 Tom Keefe at(413) 755-2117. Please reference the Release Tracking Number 1-12984 in any future correspondence to the Department regarding the site. Sincerely, Thomas Keefe Environmental Analyst Catherine Wanat Section Chief, Audits/Site Management Bureau of Waste Site Cleanup Attachments: A. Audit Memorandum cc (w/Attachment A): City of Northampton Chief Municipal Officer City of Northampton Health Department Mark Hellstein, LSP-of-Record(LSP#7794),ECS Thomas Potter, Audit Coordinator,DEP-Boston WERO Audit File Data Entry: NOAF/IRA,RAO; NAFVIO Pro-Lube,Northampton,1-12984 1 Audit Memorandum Attachment A-AUDIT MEMORANDUM I. AUDIT ACTIVITIES The audit consisted of the following activities: • An examination of documents within the Department's records or in other public records. • A Notice of Audit and Request for Information dated February 5, 2001. • A Site Inspection on February 27, 2001. II. SITE SUMMARY The disposal site is located at 480 Pleasant Street in an industrial and commercial section of Northampton. The facility was constructed as an automobile service facility in 1988. An Immediate Response Action(IRA)was initiated on June 19, 1999,when approximately 30 gallons of a petroleum solution containing waste oil and waste gasoline were released within an enclosed secondary containment room located in the basement of the facility.The release resulted in the accumulation of gasoline vapors in an enclosed indoor space above 10%of the Lower Explosive Limit (LEL), an Imminent Hazard condition. The Department received an IRA Plan on August 26, 1999, and a Class A-1 Response Action Outcome(RAO) Statement on October 15, 1999. On September 10, 1999,the Department issued Pro-Lube, Inc., an Administrative Consent Order and Notice of Noncompliance for: (1)commingling waste oil with ether hazardous waste,(2) failure to accumulate hazardous waste in a safe manner, and(3) failure to train employees in the safe accumulation of hazardous waste. The liquid-phase petroleum solution was determined to have been contained on the sealed concrete floor within the secondary containment room. Assessment activities included air monitoring with a photoionization detector and a combustible gas meter. The only nearby potential receptors to released petroleum hydrocarbons were on-site workers and infrequent customers. The only environmental medium impacted by this release was indoor air. III. RESPONSE ACTIONS AUDITED A. Immediate Response Action On August 26, 1999,the Department received a combined IRA Plan and Completion Statement. Combustible vapor concentrations in the basement were initially measured at 45%of the LEL. The vapors were vented from the building by the Northampton Fire Department, and the spilled petroleum solution was removed by a contractor using clay sorbent. Post-cleanup monitoring of basement air was conducted on August 16 & 23, 1999, and indicated no detectable levels of volatile organic compounds or LEL B. Response Action Outcome Statement On October 15, 1999,the Department received a Class A-1 RAO documenting that the level of petroleum vapors in indoor air had been reduced to pre-spill conditions. Pro-Lube,Northampton,1-12984 2 Audit Memorandum IV. SITE INSPECTION A site inspection was conducted by Tom Keefe of the Department on February 27, 2001. Also present at the inspection was Matthew Pitoniak and John Richi of Pro-Lube,Inc., and Page Fallon of Environmental Compliance Services,Inc. Activities conducted during the site inspection included a survey of the site and surrounding area,and an inspection of the basement waste oil secondary containment room. The secondary containment room has been equipped with a forced air ventilation system,no stains were observed on the sealed concrete floor,and no unusual odors were detected during the inspection. V. DETERMINATION On the basis of the activities performed during the audit and in reliance upon the accuracy of that information, the Department makes the following determination. Violations were identified that do not require further action. No further steps are necessary to correct the following violation at this time. Although the Department is not requiring additional actions to address the violation identified below, the Department may use this violation to establish a pattern of noncompliance when pursuing future enforcement actions. Violation of 310 CMR 40.1003(4) &40.1056(1)(d),(Class II) —RAO boundaries. The RAO Statement did not contain a clear and accurate description of the location and boundaries of the disposal site and the area to which the RAO applies. This violation was corrected during the audit. SWIFT nor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE O'Connell Oil Associates Inc. 545 Merrill Road PO Box 1387 Pittsfield,MA 01202 Attention:Mr. Charles Shorgren BOB DURAND Secretary LAUREN A.LISS Commissioner September 5, 2002 Re: Northampton RTN: 1-14545 RELEASE Notification and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 Dear Mr. Shorgren, On August 28, 2002 at 10:00 PM, you provided oral notification of a release of gasoline on the property of O'Connell's gasoline dispensing station at 506 Pleasant Street in Northampton, Massachusetts. Specifically, 10-15 gallons of gasoline were released to the pavement when a customer overfilled their tank. In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. The Department has reason to believe that the reported release is or may be a disposal site as defined in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP"). The Department also has reason to believe that you (as used in e r'yo " refers O'Connell Oil Associates Inc.) are a potentially responsible party (Pn) letter t der Sec n of o21E.This liability is "strict," meaning that it is not based on fault, but solely on your status as owner, operator, generator,transporter, disposer or other person specified in said Section 5A. This liability is also "joint and several", meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages PRPs to take prompt and appropriate actions in rponse e toe releases s s, and threats of release of oil and/or hazardous materials.By taking the ons es This information S mailable in&Mermee format by calling our ADA Coordinator at(617)5746571, 436 Dwight Street•Springfield.Massachusetts 01103•FAX 7 AX(4 3)784-1149 Paper DO(413)746-6620•Telephone(413)764-1100 on 0 Printed O'Connell Oil Associates Inc. RTN 1-14545 Notice of Responsibility you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c. 21E is attached. You 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 Department but are encourages you dto by laws which take any action s necessary to protect any such claims you gmay have eagainst third parties. You are reminded that, at the time of oral notification to DEP,you were advised by the Department that the following response actions were approved as an Immediate Response Action(IRA): Deployment of absorbents, as needed,to contain the release. Specific approval is required from the Department for the implementation of all IRAs with the exception of the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA a fee pof$750.00 be submitted ttosthe Departmentt when an RAO statement is The iled greater than 120 days from the date of initial notification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional (LSP). You may contact the LSP Board of Registration at (617) 556- 1145 to obtain the current LSP list. The Department has recorded Kevin Sheehan of Environmental Compliance Services as LSP for this site. If you have any questions relative to this notice, you should contact Joanne Flescher at the letterhead address or at(413)755-2114. All future communications regarding this release must reference the Release Tracking Number(RTN)contained in the subject block of this letter. Very truly yours, David A. Slowic Section Chief Emergency Response O'Connell Oil Associates Inc. RTN 1-14545 Notice of Responsibility Enclosure: Release Notification Form;BWSC-103 and Instructions Summary of Liability Under Chapter 21E Certified Mail# 7001 2510 0001 8067 3951;Return Receipt Requested JMF/jf/kl cc: Northampton: Board of Health Fire Department Mayor Kevin Sheehan,LSP,Environmental Compliance Services ENVIRONMENTAL COMPLIANCE SERVICES, INC. Via Certified Mail Mayor Mary Clare Higgins 210 Main Street Northampton,MA 01060 December 24,2002 File No. 113059.20 Document No.23562 RE. 506 Pleasant Street Northampton,MA Release Tracking i11-11948 Dear Mayor Higgins: Inc. (ECS) On behalf of O'Connell Oil Associates, Inc., Environmental Compliance Services, submitted a Phase II Scope of Work to the Massachusetts Department of Environmental Protection (DEP) on December 23, 2002. A copy of the report can be obtained by contacting Department Massachusetts,Deparent of Environmental Protection, Bureau of Waste Site Cleanup, 436 Dwight Street, Springfield, 01103. office. If you should have any questions concerning this submittal, please do not hesitate to contact our Sincerely, ENVIRONMENTAL COMPLIANCE SERVICES,iNC- Ringuette Project Manager AlRAt cc: Health Via Certified Mail Board P-V aCert fedMail 588 Silver Street Agawam,MA 01001 413.7893530 Fax 413-7893776 30 Norris Place Brattleboro, VT 05301 802-757-1195 Fax 802-157-1603 18 Shepherd Street Brighton,MA 02135 617-782-4417 Fax 617-254-5939 1209 Tech Blvd.,Suite 202 Tampa,Fl 33619 813-6125900 Fax 813-612-5910 74 Boston Post Rood Madison, Q 06443 203-2453322 Fax 203.1453494 Massachusetts Hghw,Department Hockanam Road/Pleasant Street-Vacant Parcel Nonce of Responsibility RTN I-14853 Paget ACTIONS UNDERTAKEN TO DATE AT THE SITE The Release Notification Form and cover letter indicates that soil at the site has been subject to a release of polycyclic aromatic hydrocarbons, including benzo(a)antluacene, benzo(a)pyrene, benzo(b)fluornthene, dtbenzo(a,h)anthmcene,and indeno(1,2,3c,d)pyrene The soil contamination was discovered during a"due diligence" assessment of the vacant parcel conducted by Tighe & Bond, Inc. for the City of Northampton. The De t artment r tests that ou submit a summa re terformed at the site includin• e e d t 1 rt of envi P (301 days of the date ewer. ram indicati he area roumenfal assessment activities of contamination within thi NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES 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.2IE and the MCP. The MCP requires persons undertaking response actions at a disposal site to submit to the De Statement prepared by a LSP upon determining that a level of no significant risk already exists or has been achieved at the disposal site. Department a RAO Unless otherwise provided by the Department, responsible parties have one year from the initial date notice of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility,whichever occurs earlier,to file with the Department the following submittals: (1) a completed Tier Classification Submittal; or (2) a Downgmdient Property P rtrnen[one of P rry Status Submittal. The one-year anniversary RAO Statement; 0 or (3) a rsary date for this release is Mav 2 Z,ZOOq In addition, the MCP requires responsible parties and any other person undertaking response site to perform Immediate Response Actions in response to sudden releases, Imminent Hazards and Conditions of Substantial Release Migration. Such g eedco actions ja at a Response Actions and notify the De parsons must continue to evaluate the need for Immediate Department immediately if such a need exists. PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS The Department encourages parties having liability under M.G.L.c.2IE to take prompt action in response to releases and threats of release of oil and hazardous materials. By taking prompt action, liable parties lower cleanup costs and avoid the imposition of, or reduce the amount of, certain permit may annual compliance assurance fees payable under 310 CMR 4.00(e.g.,no annual compliance assurance fee is due for RAO Statements submitted to the De Permit end/or notification). Department within 120 days of the initial date of release engage You must employ or LSP all es which you intend to undertake at this disposal You manage, ay obtain a list of the names and addresses of LSPs by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617)556-1145 or in person or by mail at One Winter Street, 6th Floor,Boston,Massachusetts 02108. OMNEY rt HEALEY ant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION 436 Dwight Street•Springfield,Massachusetts 01103• (413)184-1100 Massachusetts Highway Department 10 Park Plaza-Room 3510 Boston,Massachusetts 02116 Attn:Thomas Broderick,Chief Engineer May 23, 2003 ELLEN ROY HERZFELDER EDWARD P.KUNCE Acting Commissioner Re: Northampton Pleasant Street/Hockanum Road Vacant Lot RTN 1-14853 PAH Detections NOTICE OF RESPONSIBILITY M.G.L.c.21E 310 CMR 40.0000 Dear Mr.Broderick: Thank you for submitting the Release Notification Form received by the Department on May 22,2003. The Release Notification Form indicates that soil at the subject location(the site)is contaminated with polycyclic aromatic hydrocarbons (PARS). In light of this information, the Department wishes to ensure that you are aware of your rights and responsibilities under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The information contained in your submittal indicates that the above-referenced property has been subject to or portions reportable c n thereof, is a a release of oil/hazardous materials in excess of the applicable reportable quantity or reportable concentration. Based on this information, the Department has reason to believe that the property, disposal site which requires a response action. The cleanup of disposal sites is governed by M.G.L. c. 21E and the MCP. with potential liability for response action costs and The information contained in your submittal also indicates that you(as used in this letter"you"refers to the damages Highway 21E,§ 5. The are a party is intended to provide you with information about damages under M.G.L.c. 1E to § 5. you ni attached summary h actions under Chapter 21E to assist you in deciding what aMions to take in response to this notice. You should be aware that you may have claims against third parties for damages, including claims for n litigation. The not Department encourages but are 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 ga to take any action necessary to protect any such claims you may have against third parties. This information is available in alternate format Call Aprel McCabe.ADA Coordinator at T611-556-1171.11)D Service-1.800-295220]. DEP on the World Wide Web htlpYAwwmass.govldep Printed on Recycled Paper lassachurens High»vy Department Iackanum Road/Pleasant Street-Vacant Parcel Iotice of Responsibility ;TN 1-14853 'age 3 if you have any further questions, please contact David Slowick at the letterhead address or at (413) 755- 2246.AN future ber listed correspondence e nc cot block ca of this slrtr�ding the disposal site should reference the Release AW/DAS/km1 14853nor.doc Enclosure Certified Mail No.7002 0860 0005 4379 3149 Sincerely, l an Weinberg—.. Deputy Regional Director Bureau of Waste Site Cleanup cc: Northampton:Health Department Mayor's Office Office of Community Development-Wayne Feiden Doug Spink,MID District*2 Rick Larson Contingency Plan (MCP). The Department can, however, establish Compliance Deadlines and utilize its enforcement discretion not to proceed with enforcement actions against you while the set Compliance Deadline is in effect. For this case, the Department, pursuant to 310 CMR 40.0167, is establishing May 1, 2003, as the Interim Deadline for you to submit the Phase II Comprehensive Site Assessment Report and the Phase III Remedy Implementation Plan or a Response Action Outcome Statement. If this Deadline is not met the Department may initiate enforcement actions for failure to comply with Regulatory Deadlines. 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. If you have any questions,please contact Michael Scherer at 413 755-2278 or Kathleen Fournier at 413 755-2267. Sincerely; v/ Richard t�. S'a een Section Chief Site Management/Permits Bureau of Waste Site Cleanup 1-11948.id KE CC: Kevin Sheehan, LSP, ECS, 588 Silver Street, Agawam, MA 01001 Drew Hoyt, C&E,Boston Northampton Chief Municipal Officer Northampton Board of Health Site files, BWSC, WERO ROMNEY for Y HEALEY nant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 URGENT LEGAL MATTER O'Connell Oil Associates, Inc. 545 Merrill Road Pittsfield,MA 01201 Attn: Mr. Charles Shogren Vice President of Operations ELLEN ROY HERZFELDER Secretary LAUREN A LISS Commissioner January 27, 2003 Re: Northampton RTN 1-11948 506 Pleasant Street ESTABLISHMENT OF INTERIM DEADLINE Dear Mr. Shogren: On August 5, 1997, the Department was notified of a release of gasoline to soil at the above named site. On February 1, 2001, the Department received a Tier II Classification Form, submitted on behalf of O'Connell Oil Associates, Inc. by Kevin Sheehan, LSP. In accordance with the Tier II Classification, O'Connell Oil Associates, Inc. has two years from the date of Tier Classification to submit a Phase II Report 2nd a Phase III Remedial Action Plan. The deadline for those submittals expires on February 1,200 On January 22, 2003, the Department received a Notification of Delay of approximately three months for the submittal of the Phase II Report and the Phase III Plan, submitted on your behalf by Environmental Compliance Services,Inc. The Department believes that "Notification", by persons who are conducting response actions [310 CMR 40.0550(5) or 40.0560(5)], of delay in meeting a regulatory deadline, does not constitute an extension to the applicable deadline. While the Department appreciates this advanced notification of delay in compliance, please be advised that the Department cannot extend any of the Phase Report"regulatory" deadlines set forth within the Massachusetts This information 4 available In alternate format.Call Aprel McCabe,ADA Coordinator at 1417-556-1171.TM/Service-1900-29&2207. DEP on the World Wide Web http:IS'^v.mass.gevidep 0 Printed on Recycled Paper 4. Measures must be taken to prevent the migration of contaminated towards the Food Stop restaurant due to the mounding of grdwadwater g activation of the groundwater recharge well. groundwater by 5. Storage of any recovered gasoline on-site must be done in compliance with 310 CMR 30.000 and local Fire Department requirements. The Department understands from a conversation with your environmental consultant that a Health & Safety Plan will be available on-site and that personnel undertaking construction activities associated with the installation of the remedial system have all taken the appropriate OSHA hazardous material training. As your consultant is aware, Department approvals are needed before untreated gasoline vapors can be discharged to the air and before the addition of any remedial additives to the groundwater recharge system. The Department thanks you again for your continued cooperation in this matter and for your continued efforts to remediate this release. If you have any questions,please contact Michael Scherer at(413) 755-2278 or Richard Green at(413) 755-2249. Enclosure y yours, k i Gr 4 n Section Chief. Site Management&Permits Bureau of Waste Site Cleanup cc: E-copy Ralph Penney,LSP,Penney Engineering, 125 High Street,Mansfield,MA 02048 Northampton Mayor's Office Northampton Board of Health Northampton Fire Department 7MNEY r HEALEY ant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION 436 Dwight Street•Springfield,Massachusetts 01103• (413)789-1100 Mr.Robert Kalish,President Pleasant Journey Used Cars,Inc. 504 Lampblack Road Greenfield,MA 01301 ELLEN ROY HERZFELDER Secretary LAUREN A.LISS Commissioner May 30, 2003 Re: Northampton,RTN 1-0705 459 Pleasant Street Former Stabb's Service Station Pleasant Journey Used Cars Phase 1M/IV Remedy Implementation Plan Review Dear Mr Kalish: On May 15, 2003 the Department received the Phase IIIIV Remedial Action and Remedy Implementation Plan for the above site in response to the requirements outlined in the Administrative Consent Order. The Plan outlines the installation of a groundwater recovery system using biodiffused I aeration with regenerative vapor phase carbon and a soil vapor extraction system to address gasoline in the soils and groundwater on-site. As this is a Tier II site a Departmental approval the Phase eIin Plan is not required. Given the degree of off-property work involved, extent and degree of contamination and the sensitive s nature of the surrounding properties,the Department appreciates the coordination among involved based paones and the well thought out approach of the Phase IIDIV Plan. However, the Department, limited review of the document,requires the following additional actions. 1 Contaminated soil removed as part of the construction activities on-site should be managed in compliance with 310 CMR 40.0030 and should be removed from the site as soon as possible and no later than 30 days after excavation. 2. Measures must be taken to prevent the unsafe buildup of the gasoline vapors ina the recovery wells. The Department suggests piping from these wells to the SVE system. 3. The recovery wells must be secured and access limited to personnel who wee the proper hazardous material training and, if needed, the P P P equipment. This Information is available In alternate format Call APrel McCabe,ADA Coordinator at I-617-556-1171.TDD Service•1-800-2942207. DEP on the wotlPee Recycled ,CS lA I = Via Certified Mail Mayor Mary Clare Higgins 210 Main Street Northampton,MA 01060 July 23,2003 File No.J13059 Document No.24637 RE: 506 Pleasant Street Northampton,MA Release Tracking#1-11948 588 SILVER STREET AGAWAM, MA 01001 413-789-3530 FAx 413-789-2776 WWW.EGSMARIN.COM Dear Mayor Gibson: On behalf of O'Connell Oil Associates, Inc, Environmental Compliance Services, Inc. (dba ECSMarin) submitted a Response Action Outcome Statement and a Phase II Comprehensive Site Report and Completion Statement to the Massachusetts Depar went of Environmental Protection (DEP) on July 21, 2003. A copy of the report can be obtained by contacting the Department of Environmental Protection, Bureau of Waste Site Cleanup,436 Dwight Street,Springfield,Massachusetts,01103. If you should have any questions conceming this submittal,please do not hesitate to contact our office. ENVIRONMENTAL COMPLIANCE SERVICES,INC. N -dzielski Senior Project Manager « ,milt cc'. Massachusetts DEP t-Via Certified d Mail HADDAM. CT BOW. NH TAMPA, FL MARION, NY AGAWAM, MA PLATTSBURGH. NY WAKEFIELD. MA MA RICHMCHMOO ND., VT T So BRATTLEBORO. VT CES jebruaty 27,2004 \layor Clare Higgins Northampton Mayors 210 Main Street Room 12 Northampton,Massachusetts 01060 RE: Response Action Outcome(RAO)Statement,RTN 1-15141 Northampton,Massachusetts—Coca Cola Enterprises,Inc. at Hampshire Sheriff's Office Jail and House of Corrections- "Sudden Release"of 35-40 Gallons of Diesel Fuel Dear Mayor Higgins: Pursuant to 310 CMR 40.1403(3)(f)of the Massachusetts Contingency Plan,310 CMR 40.0000,the Chief Municipal Officer and Board of Health in the corrmrunity(ies)in which a disposal site is located and any other communities which are,or are likely to be,affected by the disposal site shall be notified of the availability of any Response Action Outcome(RAO)Statements filed pursuant to 310 CMR 40.1000. Cyn Environmental Services has recently filed an RAO Statement report package with the Massachusetts Deparmient of Environmental Protection for the above referenced location. The package was filed in response to a release/threat of release of oil and/or hazardous material,and outlined that a level of No Significant Risk and a Pemranent Solution was ultimately achieved at the disposal site as a result of remedial activities. Additionally,pursuant to 310 CMR 40.0960,a level of No Significant Risk to safety has also been achieved at the disposal site,and will not in the foreseeable future pose a threat of physical harm or bodily injury to people. A complete copy of the RAO Statement report package for the above referenced location/release is available to you through the Western Regional Office of the Massachusetts Department of Environmental Protection at 436 Dwight Street,Springfield,Massachusetts 01103. You may reach their office at(413)784-1100. Please reference RTN: 1-15141 if requesting information. � es . fingl Senior Project Manager cc: Ernest Mathieu,Northampton Board of Health,212 Main street,Northampton,MA 01060 MADEP,Western Regional Office (by way of report) Paul Weckbacher,Coca Cola(by way of RAO report) Denise Chartier,Hampshire Sheriff's Office(by way of RAO report) RO.BOX 0119.100 TOSCA DRIVE•SOTO GHT6,MA MO 1 72622fi TELEPHONE EPHONE 81341 77r•FAX 781-341-6246 :OMNEY or i HEALEY :,ant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 URGENT LEGAL MATTER Pleasant Journey Used Cars,Inc. Mr.Robert Kalish,President 459 Pleasant Street Northampton,MA 01060 ROBERT w.GOLLEDGE,Jr. Secretary ARLEEN O'DONNELL Commissioner October 26, 2006 Re: Northampton RTN 1-00705 459 Pleasant Street Former Staab's Service Station TIER II EXTENSION APPROVAL Dear Mr Robert Kalish: d The Department issued Notices of Responsibility for a gasoline release to Mathew e Pitoniak nd Pleasant Journey Used Cars, Inc. on October 2, 1989, and October 23, 1989, p December 4, 1996, a Tier II Classification was submitted to the Department. Phase V Reports have 2006. On October 1 9, 2006 September Tier II the last of which was was submitted on your behalf by Mr. Ralph P. Penny, LSP. Pursuant to 310 CMR 40.0560(2)0), 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 4,2007- In tior dances with is not 310 CMR 40.0560(7), if a Response Action Outcome Statement or Remedy Operation tou submit a Tier Department tnsion Submittaleat expiration of days before the date of expiration are the Tier 11 Classification. This information is available in alternate format.Can Donald M.Comes,ADA Coordinator at 617-556-1057.TOD Service-1-800396-22 MaesDEP on the World Wide Web: httpa wwvestale.ma usldep 0 Printed on Reay e Paper Tier II Extension Approval North Adams 1-00705 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. If you have any questions,please contact Michael Scherer at 413 755-2278 or Baffour Kyei at 413 755-2158. Sincerely, This did&smell copy is Meg prmidal to you datrain bli DTaeun of gnxamoW trendies.A si5rd owl ibis dKUm b eo Net de DEP rude ruled x de letterhead. Richard M. Green Section Chief Site Management/Permits Bureau of Waste Site Cleanup 1-00705.t2ex.BK cc: Site files,BWSC,WERO ecopy: Northampton Mayor's Office Northampton Board of Health Mr. Ralph P.Penny, LSP Air pollution in Boston bars before and after a smoking ban James L. Repace , James N. Hyde and Doug Brugge BMC Public Health 2006 Published 27 October 2006 Link to article: htt Ilwww biomedcentral.com/content/ df/1471-2458-6-266. df Background We quantified the air quality benefits of a smoke-free workplace law in Boston Massachusetts, U.S.A., by measuring air pollution from secondhand smoke(51-45)in 7 pubs before and after the and assessing SHS comparing actual ventilation l tlusing health prcces to engineering Methods (ASHRAE)recommendations, Methods We performed real-time measurements of respirable particle (RSP)air pollution and particulate polycyclic aromatic hydrocarbons (PPAH), in 7 pubs and outdoors in a model-based design yielding air exchange rates for RSP removal.We also assessed ventilation rates from carbon compared diode concentrafions. the Nations Ambient Air Quality Sta da d (NAAQS)I the federal to asse shealth Air Quality risks, and assessed odor(AQI)and and irritation levels using published SHS-RSP thresholds. Results Pre-smoking-ban RSP levels in 6 pubs (one pub with a non-SHS air quality problem was excluded)averaged 179 ug/m3, 23 times higher than post-ban levels,whiccheavmoged 7.7 levels exceeding the NAAQS for fine particle pollution (PM2.5)by nearly of fine particle air pollution in all 7 of the pubs were in the Unhealthy to Hazardous range of the AQI. In the same 6 pubs, pre-ban indoor carcinogenic PPAH averaged 61.7 ng/m3, nearly 10 times higher than post-ban levels of 6.32 ng/m3. Post-ban particulate air pollution levels were in the Good AQI range, except for 1 venue with a defective gas-fired deep-fat fryer, while post-ban carcinogen levels in all 7 pubs were lower than outdoors. Conclusions During smoking, although pub ventilation rates per occupant were within ASHRAE design parameters for the control of carbon dioxide levels for the number of occupants present, they failed to control SHS carcinogens or RSP. Nonsmokers and to thresholds were reductions in PPAH andlRSPc respectively,differing air little from outdoor concentrations. Ventilation failed to control SHS, leading to increased risk of the diseases of air pollution for nonsmoking workers and patrons. Bostons smoking ban eliminated this risk. Springfield Republican Health board slates hearing Friday, October 27, 2006 By ANGELA CARBONE WEST SPRINGFIELD-The Board of Health will hold a public hearing on Nov. 21 on an ordinance that would ban smoking in private clubs. The board took up the issue nearly two years ago,but postponed a decision because of a lawsuit filed against another Massachusetts community for instituting such a ban. The question was decided by the state Supreme Judicial Court, which upheld the power of local health authorities. The state barred smoking in public bars, restaurants and taverns in July 2004.The ban does not cover private clubs, leaving it up to the health boards in individual communities. Health Department Director Jeanne M. Galloway has given the Board of Health a rough draft that is based on an ordinance used by tan the town of Athol. City Council James T. Donahue revised the law making the language more standard English than legal a jargon, Galloway said. The purpose is to protect and improve the public health and of patrons, members,guests and employees of private clubs in the city. If it passes, it will ban smoking inside the buildings of private clubs. At the Elks Club,where there is an outdoor pavilion,the smoking ban will not include the pavilion because it does not have walls.The ordinance also creates a no-smoking zone within eight feet of an entrance or exit. Violations of the terms of the ordinance will invoke fines.The first violation will net a $100 fine. If there is a second violation within two years,the fine will be$200.The penalty for three violations within a 24-month period will be$300. Each violation will be deemed a separate offense,the ordinance says. In addition to fines,the Board of Health may suspend or revoke any city granted licenses held by the club. The city has eight private clubs that hold liquor licenses. The last time the Board of Health considered the ban, owners of bars, lounges and restaurants, which now operate under a smoking ban, praised the move as leveling the playing field. Members of the individual clubs criticized it as infringing on individual rights. Other communities in the area have enacted bans. Earlier this month,the boards of health in Deerfield and Westfield banned smoking in private clubs. Chicopee and Greenfield voted on bans in September,and Easthampton in August. Agawam and Holyoke voted to ban smoking in private clubs in April.The public hearing will begin at 6 p.m. in the auditorium at the Municipal Office Building,26 Central S