764 Environmental Release Audit 1994 William F. Weld
Governor
Trudy Coxe
Secretary, EOEA
Thomas B. Powers
Asti ng Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
December 28, 1994
Exxon Company, U.S.A.
52 Beacham Street
Everett, MA 02149
Attn: Charles M. Beck von Peccoz Re: Northampton; 1-0743; RAM
Exxon Service Station
764 North King Street
NOTICE OF AUDIT
This is an important notice.
Promptly respond to any requests contained in this notice.
Dear Mr. Beck von Peccoz:
Massachusetts General Law Chapter 21E requires the Massachusetts Department of Environmental
Protection (the Department) to audit response actions at sites of releases of oil or hazardous
material to ensure that these actions are being conducted according to M.G.L. c. 21E, the
Massachusetts Contingency Plan (MCP), and other relevant laws and regulations. The MCP at 310
CMR 40.1100 establishes procedures for conducting such audits.
.The site referenced above has been selected by the Department for an audit. The audit will be
conducted by Department staff in the Western Regional office in Springfield. The audit will initially
focus on the Release Abatement Measure. Additional response actions may also he examined as
appropriate. This notice describes the scope of the audit and the type of audit activities the
Department initially intends to perform, your responsibilities and any relevant deadlines. A fact
sheet and flow chart that describe the audit process are also included as part of this notice. Note
that during an audit, response actions can proceed as planned unless you are otherwise notified by
the Department.
Request for Information. Pursuant to M.G.L. Chapter 21E §§ 2, 4, and 8, 310 CMR 40.0165, and
310 CMR 40.1120(1), the Department requires you to provide the information in Attachment 1. You
must prepare written responses to each item and deliver such responses to the Department within
seven calendar days of your receipt of this notice. Furthermore, your response must contain the
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
certification of submittal as specified in 310 CMR 40.0009 (Attachment 2). Send your complete
response and the required certification to the undersigned.
If you do not have any portion of the information requested in your possession, custody, or control,
you must state this in your response and identify the person(s), if known to you, from whom the
information can be obtained. You must follow the procedure described in 310 CMR 40.0165(3) if you
claim any information submitted is a trade secret or otherwise exempt from public disclosure.
DO NOT IGNORE THIS REQUEST. Failure to respond to this request or the submission of false
or misleading information may subject you and your officers and employees to further enforcement
action by the Department.
A copy of this request has also been sent to the Licensed Site Professional (LSP) for your site. You
may consult with an LSP when preparing a response to this request. Note, however, that you, not
your LSP, are obligated to respond to this request.
The deadline given for a response to this request is an "Interim Deadline" enforceable under 310
CMR 40.0167. You may request an extension of this deadline in writing to the undersigned. The
Department, however, is not required to grant a request for an extension.
Note that you are obligated under 310 CMR 40.0165(2) to promptly provide the Department any
information relevant to this "Request for Information" and correct any errors in your response to this
"Request for Information" at any time in the future when you discover such information or errors.
At the completion of this phase of the audit the Department may:
1) Issue a Notice of Audit Findings which may include a statement of deficiencies and
steps to correct those deficiencies.
2) Request that you and if you choose, a representative, appear at the Department's
office for an interview to provide an oral explanation and evidence to demonstrate
compliance, and the Department may then issue a Notice of Audit Findings.
3) Conduct further site investigations and then issue a Notice of Audit Findings.
4) Issue a Notice of Audit Findings and request that you participate in Compliance
Assistance pursuant to 310 CMR 40.1150.
5) Initiate enforcement actions listed at 310 CMR 40.1140(2) if violations of M.G.L. c.
21E or the MCP have been identified.
If you have any questions regarding this notice or any of the requirements contained in it, or believe
-3-
that you cannot comply with its requirements, please call Juliana Vanderwielen at 413-784-1100
extension 256.
Sincerely,
Juliana Vanderwielen
Environmental Analyst
.7Q9-‘6u `a! C�2�
Catherine G. Wanat
Section Chief
Audits/Site Management
Bureau of Waste Site Cleanup
Certified Mail # P 887 905 779
Return Receipt Requested
JV/CGW/mr
Enclosures
1-0743.NOA
cc: Northampton, Board of Selectman
Northampton, Board of Health
Northampton, Conservation Commission
Northampton, Fire Department
David B. Sherman, Groundwater Technology, Inc.
WERO Audit File
Steve Winslow, Department Audit Coordinator
ATTACHMENT I
REQUEST FOR INFORMATION
This Request for Information (RFI) is addressed to the attention of Mr. Charles M. Beck von Peccoz,
Environmental Engineer, of Exxon Company, USA. Exxon Company has been identified as the
Responsible Party for the site located at 764 King Street in Northampton, Massachusetts and
referenced by the Department as site number 1-0743.
This Information Request is a continuing request. That is, if information requested here which is
not known or available to you as of the date of your response later becomes known or available to
you, you must forward such information to the Department of Environmental Protection (the
Department). In addition, if you discover at any time after submission of your response to this
request that any portion of the information you have provided is false or misrepresents the truth,
you must notify the Department immediately.
If you do not have any portion of the information requested in your possession, custody, or control,
you should state this in your written response and identify the person(s) from whom the information
may be obtained.
SUBMITTALS
The Department hereby requires the submittal of the following documents and/or information.
Based upon the Department's evaluation of these submittals, further audit actions may be indicated.
I) The Release Abatement Measure (RAM) Completion Report states that 190 cubic
yards of contaminated soil were transported to D'Ambra Construction of Warwick, RI
for thermal processing and recycling as part of the November 1993 RAM. Please
submit copies of the materials shipping records or manifests.
21 Six underground storage tanks were excavated, removed from the site and
transported to Mass Tank Disposal of Chicopee, Massachusetts as part of the RAM
work on November 14-17, 1993. Only copies of Tank Yard Ledger forms
representing 5 of.the USTs were received by the Department. Please submit a copy
of the Tank Yard Ledger form for the sixth tank that was excavated and removed
from the site as part of the November 1993 RAM work.
3) The RAM Completion Report ("Tank Removal Report"), states that residual sludge
from the fuel and waste oil tanks were contained in 55 gallon drums prior to
disposal. The report does not state when and where these drums were disposed.
Please submit information to the Department regarding the status of the drummed
residual sludge.
ATTACHMENT 2
CERTIFICATION OF SUBMITTAL (310 CMR 40.0009)
This certification must be included with your response to the Request for Information
I certify under the penalties of law that I have personally examined and am familiar with the
information contained in this submittal, including any and all documents accompanying this
certification, and that based on my inquiry of those individuals immediately responsible for
obtaining the information, the material information contained herein is, to the best of my
knowledge and belief, true, accurate and complete. I am aware that there are significant
penalties, including, but not limited to, possible fines and imprisonment, for wilfully submitting
false, inaccurate or incomplete information.
Name (Print):
Position or title:
Signature:
Date: