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32 Notice of Responsibility Letters 0 7 ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF' ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE February 16, 1999 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL RETURN RECEIPT REQUESTED Lawrence F. Bouley 32 Haydenville Road Leeds, MA 01053 Dear Mr. Bouley: RE: LEEDS Bouley's Service Center 32 Haydenville Road Site#1-0906 NOTICE OF RESPONSIBILITY M.G.L. c. 21E, 310 CMR 40.0000 BOB DURAND Secretary DAVID B. STRUMS Commissioner During a routine site review process, the Department identified you as a Potentially Responsible Party for the above-referenced Location to be Investigated (LTBI). In light of this action, the Department wishes to ensure that you (as used in this notice, "you" refers to Lawrence A. Bouley) 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. Information contained in the most recent site report dated February 22, 1991 indicates that the above-referenced property has been subject to a release of oil and/or hazardous materials in unknown quantities or 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. This information is available in alternate format by calling our ADA Coordinator at 017)574-6872. 436 Dergbt Street•Spnngtele,Massachusetts 01103•FAX(413)784-1149•TDD(413)746-6620•Telephone(413)784-1100 `) Printed on Recycled Paper Lawrence A. Bouley NOR Page 2 The information contained in our files and obtained during our routine file review indicates that you 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 may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. ACTIONS UNDERTAKEN TO DATE AT THE SITE Information on file with the Department indicates that the following actions have been performed to date at this disposal site: On May 29, 1991, The Department received a Preliminary Assessment Report, Interim Site Classification Form and Supporting Documentation for the above referenced site. This information indicated that volatile organic compounds(VOC's)were found in soil samples from all monitoring wells and VOC's were found in the groundwater from MW-2. The Department has also received a Phase -I Limited Site Investigation Report for the above referenced site prepared by Con-Test dated February 22, 1991. 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 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. 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. Lawrence A. Bouley NOR Page 3 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 may significantly lower cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. You must employ or engage a Licensed Site Professional to manage, supervise or actually perform all response actions which you intend to undertake at this disposal site. You may obtain a list of the names and addresses of Licensed Site Professionals by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617) 556-1145 or in person or by mail at One Winter Street, 6th Floor, Boston,Massachusetts 02108. Within 21 days from the date of this letter, you must provide the Department with the documentation as required by 310 CMR 40.0610. If you fail to provide a response to this notice as requested, or fail to undertake the necessary response actions in accordance with the MCP, the Department may perform the necessary response actions and take appropriate legal action against you. If any response actions have been taken since your association with this disposal site, the Department requests any information concerning those actions. If you have any further questions, please contact Mr. Thaddeus Tokarz at the letterhead address or at 413/784-1100 ext. 255. All future correspondence regarding the disposal site should reference the following Release Tracking Number: 1-0000906. Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup A W/TT/ers.NOR0906.doc Certified Mail#P 153 713 618 Enclosure cc: Northampton Board of Health Northampton Chief Municipal Official Site files, BWSC, WERO ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE ATTACHMENT SUMMARY OF LIABILITY UNDER CHAPTER 21E BOB DURAND Secretary DAVID B. STRUHS Commissioner As stated in the Notice of Responsibility accompanying this summary, the Department has reason to believe that you are a Potentially Responsible Party("PRP") with potential liability under M.G.L. c. 21E, section 5, for response action costs and damages to natural resources caused by the release and/or threat of release. The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by subsection 5(a): • any current owner or operator of a site from or at which there is or has been a release or threat of release of oil and/or hazardous material; • any person who owned or operated a site at the time hazardous material was stored or disposed of • any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; • any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release or threat of release of such material: and • any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site. For purposes of the MAP,you are considered a Responsible Party("RP")with actual liability under Chapter 21E if you fall within one of these categories unless you (1) are entitled to a defense under section 5 or other applicable law, and (2) have reasonably incurred cleanup costs in an amount equal to or greater than any applicable cap on liability under subsection 5(d). This liability is "strict," meaning it is not based on fault, but solely on your status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that each person who falls within one of these categories may be held liable for all response action costs incurred at the site,regardless of the existence of any other liable parties. This information is available in alternate format by calling our ADA Coordinator at(61])5746872 436 Dwight Street Springfield.Massachusetts 01103•FAX(413)784-1149•TDD(413)746-6620•Telephone(413)784-1100 CJ Printed on Recycled Paper Section 5 provides a few narrowly drawn defenses to liability, including a defense for releases and damages caused by an act of God, an act of war or an act by a third party other than an employee,agent or person with whom the party has a contractual relationship (see subsection 5(c)); a defense for certain owners of residential property at which the owner maintains a permanent residence (see subsection 5(h)); and a defense for certain public utilities and agencies of the Commonwealth which own a right-of-way that is a site(see subsection 5(j)). You may voluntarily undertake response actions under the MAP without having your liability under Chapter 21E formally adjudicated by the Department. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by Chapter 21E to perform the necessary work. By taking the necessary response actions, you can avoid liability for response action costs incurred by the Department in performing these actions. If you are an RP and you fail to perform necessary response actions at the site, you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MAP. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors, expenses incurred by the Department in support of those direct hours, and payments to the Department's contractors (for more detail on cost liability, see 310 CMR 40.1200: Cost Recovery). The Department may also assess interest on costs incurred at the rate of twelve percent(12%), compounded annually. Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth. To secure payment of this debt, the Department may place liens on all of your property in the Commonwealth under M.G.L. c. 21E, section 13. To recover this debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your potential liability for response action costs and damages to natural resources caused by the release, civil and criminal liability may also be imposed by a court of competent jurisdiction under M.G.L. c. 21E, section 11, and civil administrative penalties may be assessed by the Department under M.G.L. c. 21A,section 16, for each violation of Chapter 21E, the MAP or any order,permit or approval issued thereunder. If you are an RP and you have reason to believe that your performance of the necessary response actions is beyond your technical, financial or legal ability, you should promptly notify the Department in writing of your inability in accordance with Chapter 21E, subsection 5(e), and 310 CMR 40.0172. If you assert and demonstrate in compliance therewith that performing or paying for such response action is beyond your ability, subsection 5(e)provides you with a limited defense to an action by the Commonwealth for recovery of two to three times the Department's response action costs and 310 CMR 40.0172 provides you with a limited defense to the Department's Assessment of civil administrative penalties. JANE SWIFT Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE URGENT LEGAL MATTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Bouley's Service Center,Inc. c/o Mr. Michael C. Bouley 32 Haydenville Road Leeds,MA 01053 BOB DURAND Secretary LAUREN A-LISS Commissioner May 30, 2001 Re: Northampton(Leeds)RTN 1-0906 32 Haydenville Road(Bouley's Service Center) NOTICE OF RESPONSIBILITY INTERIM DEADLINES This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. Dear Mr. Bouley: The Department has reason to believe that you are a potentially responsible party (PRP) with liability under Section 5A of M.G.L.c.21E. This is due to a gasoline release from an underground storage tank at the above site. This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in said Section SA. This liability is also "joint and several", meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. For your convenience,a summary of liability under M.G.L.c. 21E is attached. This information is available in interne format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street•Springfield.Massachusetts 01103•FAX(413)784-1149•TDD(413)7466620•Telephone(413)784-1100 tot Printed on Recycled Paper r lb Notice of Responsibility, 1-0906 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, which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. A review of records conducted by Department of Environmental Protection(DEP)personnel indicates that on May 29, 1991, the Department received a Preliminary Assessment Report, Interim Site Classification Form and Supporting Documentation for the above referenced site. This information indicated that volatile organic compounds (VOC's) were found in soil samples from all monitoring wells and VOC's were found in the groundwater from MW-2. The Department has also received a Phase I Limited Site Investigation Report for the referenced site prepared by Con-Test dated February 22, 1991. ACTIONS TO BE TAKEN,AND THE INTERIM DEADLINES FOR TAKING SUCH ACTIONS: Submit to the Department the following: Response Action Outcome Statement or a Tier Classification Form and a Phase I Report prepared by a Licensed Site Professional within 60 days. The above deadline constitutes an Interim Deadline in accordance with 310 CMR 40.0167. Representatives from the Department are available to meet with you to review the technical and regulatory issues of concern. Please contact Michael Scherer at 413/755-2278 or Kathleen Fournier at 413/755-2267 if you have any questions concerning this Notice. Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup End: Summary Memo 21E Liability Summary Certified Mail#: 7000 0600 0026 4624 7132 1-0906norid KF cc: Site Files,BWSC,WERO Northampton Board of Health Northampton Mayor/Board of Selectmen Northampton Planning&Development,Wayne Feiden,Director Notice of Responsibility, 1-0906 SUMMARY MEMORANDUM Re: Bouley's Service Center,inc_ 32 Haydenville Road (Route 9) Leeds,MA 01053 Mr.Michael Bouley President and Owner Site History The site is a developed 11,000 square foot parcel within a zoned highway business district. A 1,134 square foot one story concrete block/concrete floor vehicle sales/service facility was erected in 1952 by ARCO. A septic system was also installed in 1952 and was by-passed (date unknown) when the facility was connected to town sewer. A floor drain that had been connected to a dry well was sealed with concrete prior to a 1991 Site Assessment. Mr. Francis Bouley leased this facility, which he operated as a gasoline service station from 1958 to 1975. After purchasing the station in July 1975, Mr. Bouley operated it as a gasoline service station until May of 1987. Since that time, the facility has operated as a service station/used car sales. Response Actions In May 1987 three 3000-gallon underground gasoline storage tanks were removed from the site. In December 1990 two 550 gallon underground storage tanks(one waste oil, one fuel oil) were removed from the site. An Environmental Site Assessment was conducted by Con-Test (for Mr. Lawrence Bouley) and submitted to the Department on May 29, 1991. Three monitoring wells were drilled and soil and water samples were analyzed. Detectable levels of VOC's were identified within all soil samples. A hydrocarbon mix was identified with concentrations ranging from <10 ppb to 25 ppm. No detectable levels of VOC's were identified from groundwater samples from monitoring wells #1 and #3 however, monitoring well #2 yielded a sample containing a hydrocarbon mix (upon screening) with a tentative concentration of 75 ppm. Monitoring well #2 also yielded Benzene 1140 ppb, Toluene 12260 ppb, Xylenes 12400 ppb, and TPH 12 mg/L. Monitoring well #2 was located within the area of three former 3000-gallon gasoline UST's. On February 16, 1999 a Notice of Responsibility was issued to Mr. Lawrence Bouley. On March 15, 1999 Mr. Lawrence Bouley wrote to the Department indicating that he was going to hire a consultant to perform work and requesting a meeting to discuss the site. The Department did not respond in writing to that request, and according to our files, no further technical reports or correspondence has been submitted to the Department. A review with the office of the Secretary of the Commonwealth revealed that Mr. Michael C. Bouley is now the President and owner of Bouley's Service Center,Inc. Groundwater Classification According to the assessment done by Con-Test there are no public drinking water wells within one mile of the site. Groundwater was encountered between 9.4 feet and 10.41 feet. Groundwater should be classified as GW2 and GW3. Recommended Actions&Observation: Submit Response Action Outcome Statement or Tier Classification and Phase I Report. ill , ii I ICI )� �i" (.1 � ) i � ) 7�yr r,i, � � w 11( , � \1 � I I (Hu- 7)i /,, t A iii,.` _ m kc vg 1 z y\ ,,i \ i' ?, 1��<i qf(,S 1ii) , � ..)' Will H^'i■�� � r/1 � � � � l I II . I I� I 1-!� � ' A\I : I % \ ll\I � i V l (: • :.: I i- A I .., 1 .////,,--' J 11 117,e7; l q a� .._ �1 i ! x _ KTI ( 1 91 1j11 c< G v � :17.,-- .1.),.., � } � � � y , J i / ` nil` � Cur ' O ,� c7\ - I 1 �a�, ,\II /c- 7 ,,tw `/.9l7�,,S` ta��f/7 1n2;;) ,, \111 • / 4, / 1 f\cl( 7 I t � � � , � n1( `( 1 ",'_ .,..- Nom alio' SANE SWIFT Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE URGENT LEGAL MATTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Bouley's Service Center,Inc. Mr.Michael C.Bouley,President 32 Haydenville Road Leeds,MA 01053 March 20, 2002 Re: Northampton RTN 1-0906 32 Haydenville Road NON-WE-02-3020 BOB DURAND Secretary LAUREN A.LISS Commissioner NOTICE OF NONCOMPLIANCE FAILURE TO COMPLETE COMPREHENSIVE RESPONSE ACTION This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences- Dear Mr.Bouley, A review of records conducted by Department of Environmental Protection (DEP) personnel indicates that you ("you"refers to Bouley's Service Center,Inc.)are not in compliance with one or more laws,regulations, orders, licenses, permits, or approvals enforced by the Department. You are in noncompliance with the MCP because you have not submitted either a Response Action Outcome (RAO) Statement or Tier Classification Submittal for the site named above. For sites where a release of oil and/or hazardous materials has occurred, and when those sites have been listed for more than one year, the MCP requires that an RAO or Tier Classification be submitted to DEP. Be advised that the regulations that generally set forth the requirements, timelines and procedures for the performance of a Response Action Outcome Statement or Tier Classification submittal are codified in Subpart D and E of the Massachusetts Contingency Plan(MCP),310 CMR 40.0400 and 40.0500. The Department has included with and specifically incorporated into this writing a NOTICE OF NONCOMPLIANCE SUMMARY,which includes: (1)The requirements applicable to the Site. This information is a'ailable In alternate format by calling our ADA Coordinator at 0517)574-6872. 436 Dwight Street•Springfield.Massachusetts 01103•FAX(413)784-1140•TOD(413)746-6620•Telephone(413)784-1100 `I Punted on Recycled Paper Notice of Noncompliance, 1-0906 (2)The elements and occurrence(s)of the noncompliance necessitating the issuance of this Notice. (3)The deadline(s)within which compliance must be achieved. If you fail to comply with this Notice an administrative penalty of$1,000 may be assessed for every day that you remain out of compliance with each of the requirements described in this Notice of Noncompliance. Notwithstanding this Notice of Noncompliance, the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable legal requirements,including but not limited to the assessment of civil administrative penalties,the commencement of a civil action in the court(s) of competent jurisdiction, or the commencement of a criminal prosecution in the court(s)of competent jurisdiction. If you believe that you are financially unable to undertake the cleanup at this site the Department recommends that you contact and then submit an application demonstrating financial inability to Jordan Ratner at(617)292-5516,Department of Environmental Protection,Bureau of Waste Site Cleanup, 1 Winter Street,Boston,MA 02108. If you believe that the recently passed Brownfields legislation will assist you in the cleanup at your site please contact Catherine Finneran at our Boston office at(617)556-1138 for further information. Please contact Michael Scherer at 413/755-2278 or Kathleen Fournier at 413/755-2267 if you have any questions concerning this Notice. Sincerel Deputy Regional Directdr Bureau of Waste Site Cleanup Alan Wein berg End: Summary Memo Certified Mail#: 7001 0320 0003 0115 7334 1-0906 non KF cc: Steve Ellis,WERO(2 Copies) Maria Pinaud,C&E,Boston Enforcement Files,BWSC,WERO Site Files,BWSC,WERO Northampton Board of Health Northampton,Chief Municipal Official Northampton Planning&Development,Wayne Feiden,Director Notice of Noncompliance, 1-0906 NONCOMPLIANCE SUMMARY NON-WE-02-3020 NAME OF ENTITY IN NONCOMPLIANCE: Bouley's Service Center,Inc. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 32 Haydenville Road DATE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: July 29, 2001 DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED WITH: A review of records conducted by Department of Environmental Protection(DEP)personnel indicates that on May 29, 1991, the Dep.buent received an Environmental Assessment Report submitted by Con-test Engineering, for the above referenced site. The information contained in the reports indicates that the property has been subject to repeated releases of oil and/or hazardous materials in unknown quantities or in excess of the applicable reportable quantity or reportable concentration. Information obtained from the Northampton Assessor's Office indicates that Chance Bouley's Service Center, Inc. is now the owner of the site. On May 30, 2001, the Department issued a Notice of Responsibility to you("you"refers to Bouley's Service Center, Inc.). You were advised to submit either a Tier Classification in accordance with the MCP 310 CMR 40.0500, and a Phase I Report or a Response Action Outcome (RAO) statement in accordance with 310 CMR 40.1000 within 60 days. ACTIONS TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION: Submit to the Department one of the following within 60 days: A) A Tier Classification Submittal prepared by a Licensed Site Professional in accordance with the MCP(310 CMR 40.0500) and a Phase I Report or B) A Response Action Outcome(RAO) Statement prepared by an LSP in accordance with 310 CMR 40.1000 For the Department of Environmental Protection: • Date: March 20, 2002 Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup r Notice of Noncompliance, 1-0906 SUMMARY MEMORANDUM Re: Bouley's Service Center, Inc. 32 Haydenville Road (Route 9) Leeds,MA 01053 Mr.Michael Bouley President and Owner Site History The site is a developed 11,000 square foot parcel within a zoned highway business district. A 1,134 square foot one story concrete block/concrete floor vehicle sales/service facility was erected in 1952 by ARCO. A septic system was also installed in 1952 and was by-passed (date unknown) when the facility was connected to town sewer. A floor drain that had been connected to a dry well was sealed with concrete prior to a 1991 Site Assessment. Mr. Francis Bouley leased this facility,which he operated as a gasoline service station from 1958 to 1975. After purchasing the station in July 1975, Bouley's Service Center, Inc. operated it as a gasoline service station until May of 1987. Since that time, the facility has operated as a service station/used car sales. Response Actions In May 1987 three 3000-gallon underground gasoline storage tanks were removed from the site. In December 1990 two 550 gallon underground storage tanks (one waste oil, one fuel oil)were removed from the site. An Environmental Site Assessment was conducted by Con-Test (for Mr. Lawrence Bouley) and submitted to the Department on May 29, 1991. Three monitoring wells were drilled and soil and water samples were analyzed. Detectable levels of VOC's were identified within all soil samples. A hydrocarbon mix was identified with concentrations ranging from<10 ppb to 25 ppm. Soil samples from MW-2 (approx. 26 feet from the building)contained a hydrocarbon mix with concentrations ranging from 25 ppb to 25 ppm. No detectable levels of VOC's were identified from groundwater samples from monitoring wells #1 and #3 however,monitoring well #2 yielded a sample containing a hydrocarbon mix (upon screening) with a tentative concentration of 75 ppm. Monitoring well #2 also yielded Benzene 1140 ppb, Ethyl benzene 2240 ppb, Toluene 12260 ppb, Xylenes 12400 ppb, and TPH 12 mg/L. Monitoring well#2 was located within the area of three former 3000-gallon gasoline UST's. On February 16, 1999 a Notice of Responsibility was issued to Mr. Lawrence Bouley. On March 15, 1999 Mr. Lawrence Bouley wrote to the Department indicating that he was going to hire a consultant to perform work and requesting a meeting to discuss the site. The Department did not respond in writing to that request, and according to DEP files, no further technical reports or correspondence has been submitted to the Department. A review with the office of the Secretary of the Commonwealth revealed that Mr. Michael C. Bouley is now the President and owner of Bouley's Service Center, Inc. On May 30, 2001 a Notice of Responsibility was issued to Bouley's Service Center, Inc. In the Notice Mr. Bouley was advised to submit either a Tier Classification Form and a Phase I Report or a Response Action Outcome Statement within 60 days. Risk Summary According to the assessment done by Con-Test there are no public drinking water wells within one mile of the site. Groundwater was encountered between 9.4 feet and 10.41 feet. Groundwater should be classified as GW2 and GW3. The nearest residence is approximately 100 feet to the west and the nearest abutter, a liquor and convenience store, is approximately 50 feet to the south. In 1991, a groundwater sample from MW-2 which is located approximately 26 feet from the site building (Bouley's), contained 28,040 ppb VOC's. Groundwater flow was plotted as being to the southeast. The land to the southeast is open land owned by the U.S. Veteran's Hospital.