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23 Response Action Outcome SSE & Associates 168 County Road, Southampton, MA 01073-413-532-3876 P. B. Hatch, PE, LSP- 57 Munn Road, Monson, MA 01057,413-267-3696 September 25, 2000 Mr. John S. Bourcier Bureau of Waste Site Cleanup MA Department of Environmental Protection 436 Dwight Street Springfield, MA 01103 Re: 23 Main Street,Northampton DEP RTN 1-13590 Response Action Outcome Dear Mr. Bourcier: In accordance with the Massachusetts Contingency Plan (MCP), section 310 CMR 40.1056 this is a Response Action Outcome(RAO)statement for the loss of diesel fuel from the Roy Flynn pickup truck diesel fuel tank rupture release at 23 Main Street,Northampton parking lot. The following documents are provided for this RAO: 1. Response Action Outcome Statement transmittal Form(BWSC-104) 2. Narrative report in support of the Response Action Outcome Statement 3. Photographs 4. Locus Plan 5. Site Plan 6. Relevant Correspondence We believe the enclosed documents support our opinion that a Class A-1 Response Action Outcome has been achieved at this site in accordance with the MCP. If you have any questions regarding this matter or require additional information, please do not hesitate to call us. Very truly yours, Paul B. Hatch, PE, LSP cc: (report only) Office of the Mayor, Northampton Board of Health,Northampton Fire Department, Northampton 414A1 Massachusetts Department of Environmental Protection BWSC-104 Bureau of Waste Site Cleanup RESPONSE ACTION OUTCOME (RAO) STATEMENT & DOWNGRADIENT PROPERTY STATUS TRANSMITTAL FORM Pursuant to 310 CMR 40.0180(Subpart B),40.0580(Subpart E)&40.1056(Subpart J) Release Tracking li 1 - 13590 SITE OR DOWNGRADIENT PROPERTY LOCATION: e Name: (optional) Fitzwilly s Parking reef 23 Main Street Location Aid: ylTown: Northampton ZIP 01060-0000 r Check here if this Site location is Tier Classified.If a Tier I Permit has been issued,state the Permit elated Release Tracking Numbers that this For Addresses: '.ubmitting an RAO Statement,you must document the location of the Site or the location and boundaries of the Disposal Site subject to this Itatement If submitting an RAO Statement for a PORTION of a Disposal Site,you must document the location and boundaries for both the artion subject to this submittal and,to the extent defined,the entire Disposal Site. If submitting a Downgradient Property Status Submittal, you must provide a site plan of the property subject to the submittal and,to the extent defined,the Disposal Site. THIS FORM IS BEING USED TO (check all that apply) r1 Submit a Response Action Outcome(RAO)Statement(complete Sections A,B,C.D,E,F,H.I,J and L). Check here if this is a revised RAO Statement. Date of Prior Check here if any Response Actions remain to be taken to address conditions associated with any of the Releases whose Release 1 Tracking Numbers are listed above. This RAO Statement will record only an RAO-Partial Statement for those Release Tracking — Numbers. Specify Affected Release Tracking Submit an optional Phase I Completion Statement supporting an RAO Statement or Downgradient Properly Status Submittal - (complete Sections A, B,H, I,J,and L). - Submit a Downgradient Property Status Submittal(complete Sections A,B, G,H, I,J and K). Check here if this is a revised Downgradient Property Status Date of Prior Submittal. Submit a Termination of a Downgradient Property Status Submittal(complete Sections A,B,I,J and L). Submit a Periodic Review Opinion evaluating the status of a Temporary Solution(complete Sections A, B,H,I,J and L)- Specify For a Class C RAO ' For a Waiver Completion Statement indicating a Temporary Solution Provide Submittal Date of RAO Statement or Waiver Completion You must attach all supporting documentation required for each use of for indicated,including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. . DESCRIPTION OF RESPONSE ACTIONS: (check all that apply) Assessment uepmymentor Hosoroanr or t,ontamme ssessment and/or Monitoring Only m mteri.I Removal of Contaminated Soils Temporary Covers or Caps Re-use,Recycling or Treatment _ Bioremediation On Site Off Site Est.Vol.: cubic yards Soil Vapor Extraction Describe: Structure Venting System rru ornnrc Landfill Cover Disposal Est.Vol.'. Removal of Drums,Tanks or Containers Describe: cubic yards aeoo.,.,,ect�, Removal of Other Contaminated Media Specify Type and J Other Response Actions Describe — urounawater i reatment Air Sparging - Temporary Water Supplies - Temporary Evacuation or Relocation of Residents - Fencing and Sign Posting SECTION CIS CONTINUED ON THE NEXT PAGE. evised 4/7)95 Supersedes Forms BWSC-004 and 010(in part) Do Not Alter This Form Page 1 of 4 Massachusetts Department of Environmental Protection BWSC-104 Bureau of Waste Site Cleanup !Mr STATEMENT 8 Release Tracking _ RESPONSE ACTION OUTCOME (RAO) D E P DOWNGRADIENT PROPERTY STATUS TRANSMITTAL FORM 13590 310 CMR 40.0180 B),40.0580(Subpart E)840.1056(Subpart J) Pursuant to (Subpart DESCRIPTION OF RESPONSE ACTIONS: (continued) Check here if any Response Action(s)that serve as the basis for this RAO Statement involve the use of Innovative Technologies. (DEP is interested in using this information to create an Innovative Technologies Clearinghouse.) Describe TRANSPORT OF REMEDIATION WASTE: (if Remediation Waste was sent to an off-site facility,answer the following questions) me of Environbmental Compliance Corp. xn and State: Stoughton, MA amity of Remediation Waste Transported to 800 pounds RESPONSE ACTION OUTCOME CLASS: :city the Class of Response Action Outcome that applies to the Site or Disposal Site. Select ONLY one Cass: Class A-1 RAO: Specify one of the following: .omeminacon nos peen revucev to oacngrouno ;J A Threat of Release has been eliminated. e„em I Class A-2 RAO: You MUST provide justification that reducing contamination to background levels is infeasible. ' Class A4 RAO: You MUST provide both an implemented Activity and Use Limitation(AUL)and justification that reducing I contamination to background levels is infeasible. If the earlier of the AUL expiration date or date the design life of the remedy will applicable,provide I Class 9-1 RAO: Specify one of the following: '`. Contamination is consistent with background levels _, Contamination is NOT consistent with background levels. 1 Class B-2 RAO: You MUST provide an implemented AUL. If applicable,provide the AUL expiration 1 Class C RAO: 'L- Check here if you will conduct post-RAO Operation,Maintenance and Monitoring at the Site. Specify One: iTh Passive Operation and Maintenance iiiii Monitoring Only - naive uperanan ana maintenance loennea al o IL Lam _ en nom RESPONSE ACTION OUTCOME INFORMATION: If an RAO Compliance Fee is required,check here to certify that the fee has been submitted. You MUST attach a photocopy of the payment. Check here lf submitting one or more AULs. You must attach an AUL Transmittal Form(BWSC-113)and a copy of each implemented AUL _ related to this RAO Statement. Specify the type of AUL(s)below: (required for all Cass A-3 RAOs and Class B-2 RAOs) Restriction Number of AULs attached: Notice of Activity and Use Limitation _• Grant of Environmental reciy the Risk Characterization Method(s)used to achieve the RAO described above and all Soil and Groundwater Categones applicable to the Site More than one Soil Category and more than one Groundwater Category may apply at a Site. Be sure to check off all APPLICABLE categories,even if more stringent soil and groundwater standards were met. Risk Characterization Method(s)Used: f. Method 1 Method 2 '_'� Method 3 Soil Category(ies)Applicable: VI 3-1 _,. 5-2 : 5-3 Groundwater Category(ies)Applicable: / . GW-1 GW-2 Vi GW-3 When submitting any Class A-1 RAO or a Class BA RAO where contamination is consistent with background levels,do NOT specify a Risk Characterization Method. When submitting any Class A-2 RAO or a Class B-1 RAO where contamination is NOT consistent with background levels,you cannot use an AUL to maintain a level of no significant risk. Therefore,you must meet 5-1 Soil Standards,if using Risk Characterization Method 1. :vised 4/7/95 Supersedes Fonns BWSC-004 and 010(in part) Do Not Alter This Form Page 2 of 4 Massachusetts Department of Environmental Protection BWSC-104 Bureau of Waste Site Cleanup RESPONSE ACTION OUTCOME (RAO) STATEMENT & DOWNGRADIENT PROPERTY STATUS TRANSMITTAL FORM Pursuant to 310 CMR 40.0180(Subpart 8),40.0580(Subpart E)&40.1056(Subpart J) Release Tracking 1 I - 13590 DOWNGRADIENT PROPERTY STATUS SUBMITTAL: If a Downgradient Property Status Submittal Compliance Fee is required,check here to certify that the fee has been submitted. You MUST attach a photocopy of the payment. Check here if a Release(s)of Oil or Hazardous Material(s).other than that which is the subject of this submittal.has occurred at this property. Release Tracking Check here if the Releases identified above require further Response Actions pursuant to 310 CMR 40.0000. Required documentation for a Downgradient Property Status Submittal includes,but is not limited to,copies of notices provided to owners and operators of both upgradient and downgradient abutting properties and of any known or suspected source properties. LSP OPINION: test under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,including any and all :uments accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 2(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge, urmation and belief, f Section 8 indicates that a Downgradient Property Status Submittal is being provided,the response action(s)that is(are)the subject of this )mhtal(1)has(have)been developed and implemented in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,(ii) (are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in 310 CMR 40.0183(2)(b),and(iii) rplies(y)with the identified provisions of all orders,permits,and approvals identified in this submittal; if Section B indicates that either an RAO Statement,Phase/Completion Statement and/or Periodic Review Opinion is being provided,the ;pans¢action(s)that is(are)the subject of this submittal 0)has(have)been developed and implemented in accordance with the applicable wisions of M.G.L.c,21E and 310 CMR 40.0000,08 is(are)appropriate and reasonable to accomplish the purposes of such response action(s) set forth in the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,and(iii)complies(y)with the identified provisions of all orders, rmits,and approvals identified in this submittal. m aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if 1 submit information which I know to false.inaccurate or materially incomplete. Check here if the Response Adion(s)on which this opinion is based.if any,are(were)subject to any order(s),permit(s)and/or approval(s) issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. {P Name: Paul B. Hatch LSP#: 4542 lephone: 413-267-3696 Ext.: LX:(optional) 413-267-9328 gnature'. ate-_ 09/25/00 Stamp: PERSON MAKING SUBMITTAL: ame of ame of Roy Flynn Title: lreet RR2 Box 370 ityrrcwn: Newport State: NH elephone: 603-863-1209 Ext.: FAX: ZIP Code: 03773-0000 RELATIONSHIP TO SITE OF PERSON MAKING SUBMITTAL: (check one) RP or PRP Specify: Owner Operator _ Generator 4, Transporter Other RP or PRP: Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E,s.2) Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.5Q)) Any Other Person Submitting This Form Specify nosed 4/7/95 Supersedes Fonns BWSC-004 and 010 an part/ Page 3 of 4 Do Not Alter This Form Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup RESPONSE ACTION OUTCOME (RAO) STATEMENT & DOWNGRADIENT PROPERTY STATUS TRANSMITTAL FORM Pursuant to 310 CMR 40.0180(Subpart B),40.0580(Subpart E)&40.1056(Subpart J) BWSC-104 Release Tracking 1 - 13590 :ERTIFICATION OF PERSON SUBMITTING DOWNGRADIENT PROPERTY STATUS SUBMITTAL: attest under the pains and penalties of perjury(1)that I have personally examined and am iliar with the information contained in this submittal,including any and all documents accompanying this transmittal form;(ii)that,based on my :try of the/those individual(s)immediately responsible for obtaining the information,the material information contained herein is,to the best of my wledge,information and belief.true, accurate and complete;(iii)that,to the best of my knowledge,information neoiefe^`thei person(s)whose ty(ies)on whose behalf this submittal is made satisfy(ies)the criteria in 310 CMR 40.0183(2); (iv) person(s) ty( ) alf this submittal is made have provided notice in accordance with 310 CMR 40.0183(5);and(v)that I am fully authorized to make this attestation lehalf of the person(s)or entity(ies)legally responsible for this submittal. I/the person(s)or entity(ies)an whose behalf this submittal is made re aware that there are significant penalties,including,but not limited to possible fines and imprisonment,for willfully submitting false, Title: (signature) Date: (print name of person or entity recorded in Section I) ter address of the person providing certification,if different from address recorded in Section I: eel: y/Town: lephone: State: ZIP Code: Ext. FAX:(optional) CERTIFICATION OF PERSON MAKING SUBMITTAL: If you are completing only a Downgradient Property Status Submittal,you do not need to complete this section of the form. _ Roy Flynn attest under the pains and penalties of perjury(i)that I have personally examined and am mikar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my quiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of y knowledge and belief,true,accurate and complete.and(iii)that I am fully authorized to make this attestation on behalf of the entity legally :sponsible for this submittal. I/the person or entity on whose behalf this submittal is made am/is aware that there refsignifcnfint significant ae,cluding,but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or Title: `vehicle owner (signature) be Roy Flynn Date: (print name of person or entity recorded in Section I) inter address of the person providing certification,if different from address recorded in Section I: Street: - State: ZIP Code: Eat_t FAX:(optional) telephone: _ YOU MUST YOU SUBMIT RELEVANT AN INCOMPLETE CCOMPLETE FORM,Y DOCUMENT AS YOU MAY BE PENALIZED FOR MISS NG IF A REQUIRED DEADLINE,AND YOU MAY INCUR ADDITIONAL COMPLIANCE FEES. Revised 417/95 Page 4 of 4 Supersedes Forms BWSC-004 and 010(in part) Da Not Alter This Form SUPPORT FOR RESPONSE ACTION OUTCOME (a) Description of Location The site of the Response Action Outcome (RAO) is the parking lot adjacent to Fitzwilly's restaurant at 23 Main Street in Northampton. The release of diesel fuel from Roy Flynn's truck fuel tank was to the paved surface of the parking lot. The release site was entirely within the parking lot area. The surface of the release site is bituminous pavement with shrinkage and construction patch cracks. There are no stormwater runoff catchbasins in the vicinity of the site, however, there is one drain manhole near the northwesterly end of the release area. The release site is located in the central business district of Northampton with the Boston&Main Railroad elevated track earth retaining wall to the northeast side of the site, a parking lot for the Hampshire County Court House to the northwest, the Fitzwilly's building to the southwest, and Main street to the southeast. The topography of the site is relatively flat. Entry to the site from the Northeast parking lot for the Hampshire Country Court House is slightly down grade with storm water flow towards the parking area in which this release occurred. Exit/entrance apron from Main Street into the parking area in which this release occurred is steep and with quick change in grade from Main Street to the apron and again from the apron to the parking area. A risk characterization of this site using MCP Method 1 has been conducted. The site of this RAO is a commercial area without fence to control entry of pedestrians or vehicular traffic. The Fitzwilly's restaurant is located on one side of the parking lot and a pedestrian sidewalk on Main Street therefore adults and children are assumed to frequently be found at this site. Children are expect to be frequently present however, since the site is a parking lot, the intensity of children and adult activity is expect to be low. Soil classification S-1 applies. The site is not located within an area designated as a potentially productive aquifer therefore MCP Method 1,category GW-1 does not apply. During the investigations conducted,groundwater was not found,however,it is assumed to be less than fifteen feet below ground surface at least in a portion of the release site and a location of less than thirty feet from an occupied building therefore groundwater category GW-2 applies. Obligatory groundwater category GW-3 also applies (b) Uncontrolled Source On August 15,2000,PRP„ Mr. Roy Flynn,drove his Ford F-350 pickup from Main Street into the parking lot adjacent to the Fitzwilly's restaurant. In the negotiating SSE & Associates 414A1 Pave 1 of 3 23 Main Street,Northampton RTN k1-13590.Sept.25,2000 (c) of the apron ramp from Main Street to the parking lot excess stress was placed on the fuel line connecting the truck's auxiliary fuel tank to the main fuel tank. The stress caused the fuel line to rupture. According to the Northampton Fire Incident Report' a release of 25 to 30 gallons of diesel fuel was found upon the Fire Department arrival at the site. The fuel was lost from the truck's fuel tank and discharged to the pavement after a fuel line between an auxiliary fuel tank and the main tank had broken'. The Department found that the transfer pump from the auxiliary tank to the main tank was running, the pump was shut off and then the valve between the two tanks was closed. Fire Department staff placed twenty (20) fifty pound bags (50) of Spedi-Dri absorbents to collect the released diesel fuel on the paved parking lot surface. On behalf of the Mr. Flynn, the Fire Department called Southampton Sanitary Engineering Corp. (SSE)to provide emergency response services for the elimination of the release of diesel fuel and cleanup of the site. At the site, SSE swept up the absorbents, removing the released diesel fuel. Support for Conclusion of No Significant Risk Achieved The removal of the absorbent materials containing the diesel fuel resulted in the elimination of the released fuel. The paved surface, however, was cracked and therefore there was the possibility that fuel was not completely captured on the absorbents. At two locations within the release area where the pavement cracks appeared to be the largest,portions of the bituminous pavement were removed where in both cases competent un-cracked pavement was found for three layers below the surface. It was concluded as a result of the observations from these two most likely crack locations that no diesel fuel was released to the soil below and that the diesel fuel released was collected by the absorbents placed on the pavement surface. Absorbents for removal of the diesel fuel on the day of the incident were swept up, placed in drums and disposed of at Environmental Compliance Corp. facility in Stoughton, MA. A total of 800 pounds of absorbents were used at the site and shipped to the Stoughton facility. (d) intentionally left blank, not applicable to a Class A-1 RAO. Information Documenting Extent of O&HM Reduced to Background The released diesel fuel was contained on the pavement. No release to soils,surface or groundwater occurred. There was no opportunity for release of volatile compounds from the diesel fuel to the atmosphere. No soil or groundwater samples were obtained. The source of pavement discoloration remaining after completion of (e) Northampton Fire Incident Report form,prepared by Captain Corbett.Northampton Fire Department,August 15.2000 SSE & Associates 414A1 23 Main Street,Northampton Page 2 of 3 RTN#1-13590, Sept.25,2000 the absorbent removal is not dissimilar to that found in the constituents ofbituminous pavements as found adjacent to the release site. intentionally left blank, not applicable to a Class A-1 RAO. intentionally left blank, not applicable to a Class A-1 RAO. intentionally left blank, not applicable to a Class A-1 RAO. Operation, Maintenance and/or Monitoring Required No operation,maintenance or monitoring is required to confirm and/or maintain the final site conditions at the disposal site upon which the RAO is based as described hereinbefore. 6) intentionally left blank, not applicable to a Class A-1 RAO. SSE & Associates 23 Main Street,Northampton Page 3 of 3 RTN i1-13590,Sept.25,2000 LOCUS PLAN 23 MAIN STREET, NORTHAMPTON RTN 1-13590 August 2000 EO PAUL CELLUCCI SWIFT tenant Governor Mr.Roy Flynn RR2 Box 370 Newport,NH 03773 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE August 17, 2000 Re:Northampton 23 Main Street Fitzwilly's Parking Lot RTN#1-13590 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.2IE and 310 CMR 40.0000 BOB DURAND Secretary LAUREN A.LISS Commissioner Dear Mr.Flynn: On August 15,2000,at 11:20 P.M., a representative of the Northampton Fire Department notified the Department on your behalf of a reportable release of diesel fuel at the above-referenced site. 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 release/threat of release you have reported 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 this letter"you"refers to Roy Flynn)are a potentially responsible party(PRP)with liability under Section 5A of M.G.L.c.21E. 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 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. 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 This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street•Springfield,Massachusetts 0q1103•FAX(413)764-1149•TDD(413)746-6620•Telephone(413)784-1100 CY Printed on Recycled Paper Mr.Roy Flynn RTNNI-13590 Nonce ofResponsibilty establish the time allowed for bringing litigation. The Department encourages you take any action necessary to protect any such claims you may have against third parties. You are reminded that you were advised by the Department that the following response actions were approved as an Immediate Response Action(IRA): The IRA consists of the use of absorbent media to clean up the release of diesel fuel. Specific approval is required from the Department for the implementation of all IRAs with the exception of assessment activities,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 Completion Statement and/or Response Action Outcome(RAO)statement.The MCP requires that a fee of$750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. An LSP must be retained to oversee the proposed IRA. Specific approval is required from the Department for the implementation of all IRAs with the exception of assessment activities,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 Completion Statement and/or Response Action Outcome(RAO)statement. The MCP requires that a fee of $750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification.Paul Hatch of SSE&Associates is the LSP-of-Record for this release. If you have any questions relative to this notice, you should contact John S.Bourcier at the letterhead address or (413)755-2112. All future communications regarding this release must reference the Release Tracking Number (RTN)contained in the subject block of this letter. Sincerely, David A. Slowick Section Chief Emergency Response C:/13590.doc Certified Mail#7000 0600 0026 1473 0130 copy: Northampton Fire Department Health Department Mayor's Office Paul Hatch-SSE&Associates Attachments: Release Notification Form;BWSC-003 and Instructions Summary of Liability under M.G.L. c.21E 7