239 PH Nuisance & Notice of Responsibility RD OF HEALTH
CE,Chairman
PARSONS
RLAIN, Health Agent
y 10, 1995
in Brothers Block Company
James Tobin
t Chestnut St.
rence, Ma 01060
CITY OF NORTHAMTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
Re: Public Health Nuisance at
239 Nonotuck St.
210 MAIN STREET
01060
(413)586-6950 Ext.213
&p
ar Mr.Tobin:
e Board of Health has investigated a complaint from the Northampton Police Department concerning
ssible chemical hazards on the property of Tobin Brothers Inc., at 239 Nonotuck Street, (Map 23A,
t 282-285) Florence. An inspection of your property on May 1, 1995, by a representative of the
irthampton Board of Health revealed the following:
- numerous bags of oxide pigment, many broken open and scattered about the ground,
are readily accessible to children
-various containers of petrolium products, fuel oil, asphalt, etc. scattered about the
property, many of which have leaked onto the ground
- a very large quantity of old, used/broken wooden pallets scattered about the site
- a large quantity of foam insulation, (both sheet and block type), scattered about the site
- a large open dump site at the rear of the property where broken block, block waste,
wood waste andother refuse has been buried.
le conditions described above constitute a public health nuisance and a violation of Chili, Sec. 150A
the Mass General Laws,which prohibits dumping in any area other than a State approved landfill.
rider authority of Mass General Laws, Ch. 111, Sec 123 & 150A, you are hereby ordered to abate the
tisane and clean up and properly dispose of the various materials described above. The
imped/buried refuse must be removed and disposed of at an approved landfill. All site cleanup work
ust be started within seven (7) days and completed within thirty (30) days of the receipt of this notice.
lease do not hesitate to contact me at the Board of Health office if you have any questions concerning
its notice.
hank you in advance for your anticipated cooperation in this matter.
ery truly yours,
'eterJ. McErlain
lealth Agent
c: Bldg. Insp., Frank Sienkiewicz
:ert Mail: #P 076 177 771
PJNc/tobdmp
ELLUCCI
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
May 24, 1996
T LEGAL MATTER: PROMPT ACTION NECESSARY
FLED MAIL: RETURN RECEIPT REQUESTED
Brothers, Inc.
hestnut Street
ampton, MA 01060
ttion: Mr. James T
President
Re:
Tobin,
Northampton -
Former Tobin Block
Manufacturing Facility
239 Nonotuck Street
RTN: 1-11357
NOTICE OF RESPONSIBILITY
M.G.L. C. 21E, 310 CMR 40.0000
TRUDY CORE
Secretar
DAVID B.STRLr.S
Conurusstone.
Mr. Tobin:
c you for submitting the Oil and Hazardous Material Release Notification Form
) received by the Department on May 22, 1996 . In light of this action, the
rtment wishes to ensure that you (as used in this notice, "you" refers to
n Brothers, Inc.) are aware of your rights and responsibilities under the
achusetts Oil and Hazardous Material Release Prevention and spo0se00ct
L. C. 21E, and the Massachusetts Contingency Plan (MCP) , CMR
information contained in your submittal indicates that the above-referenced oil
erty has been subject to a release to the groundwater at the
s he of
o fn the
or hazardous material (OHM) , specifically benzene, in
icable reportable concentration. Based on this information, the Department
reason to believe that the property, or portions thereof, is a disposal site
h requires a response action. The cleanup of disposal sites is governed by
L. c. 21E and the MCP.
information contained in your submittal also indicates that you may be a
.y with potential liability for response action costs and damages under M.G.L.
!1E, 4 5. The attached summary is intended to provide you with information
It liability under Chapter 21E to assist you in deciding what actions to take
response to this notice.
should be aware that you may have claims against third parties for damages,
Luding claims for contribution or reimbursement for the costs of cleanup.
i claims do not exist indefinitely but are governed by laws which establish
time allowed for bringing litigation. The Department encourages you to take
action necessary to protect any such claims you may have against third
Lies.
;treat • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)746-6620 • Telephone(413)784-1100
0 Inted on Recycled Pape,(20%Poet C meat
i OF RESPONSIBILITY
L-11357
r Tobin Block
3cturing Facility
unpton, MA
Page 2
ACTIONS UNDERTAKEN TO DATE AT THE SITE
nation on file with the Department indicates that you obtained knowledge of
.20-day reportable release condition on January 31, 1996. No other
oration was submitted with the RNF, which would provide the Department with
cription of the disposal site and the areal extent of the contamination.
fore, the Department requests that you submit all documentation related to
ite, including all reports; i.e. , site assessments, underground storage tank
closures, groundwater monitoring data, etc. , within 14 days from the
pt of this letter, or by June 5, 1996, whichever occurs earlier.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
isposal site will be deemed to have had all the necessary and required
inse actions taken for it unless and until all substantial hazards presented
Le release and/or threat of release have been eliminated and a level of no
ficant risk exists or has been achieved in compliance with M.G.L. c. 21E and
!CP.
1CP requires persons undertaking response actions at a disposal site to
.t to the Department a Response Action Outcome Statement prepared by a
ised Site Professional (LSP) upon determining that a level of no significant
already exists or has been achieved at the disposal site.
;s otherwise provided by the Department, responsible parties have one year
the initial date notice of a release or threat of release is provided to the
rtment pursuant to 310 CMR 40. 0300 or from the date the Department issues a
re of Responsibility, whichever occurs earlier, to file with the Department
,f .the following submittals: (1) a completed Tier Classification Submittal;
?) a Response Action Outcome Statement; or (3) a Downgradient Property Status
ittal. If required by the MCP, a completed Tier I Permit Application must
accompany a Tier Classification Submittal. The deadline for these
ittals for this disposal site is May 7, 1997 . This deadline constitutes an
rim deadline, pursuant to 310 40.0167, due to the fact that Florence Savings
also submitted an RNF as a Other Party/Secured Lender, and notified the
rtment on that date.
addition, the MCP requires responsible parties and any cther person
rtaking response actions at a disposal site to perform Immediate Response
ons in response to sudden releases, Imminent Hazards and Conditions of
tantial Release Migration. Such persons must continue to evaluate the need
Immediate Response Actions and notify the Department immediately if such a
. exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
Department encourages parties having liability under M.G.L. c. 21E to take
;pt action in response to releases and threats of release of oil and hazardous
grials. You must employ or engage a Licensed Site Professional (LSP) to
ige, supervise or actually perform all response actions which you intend to
rtake at this disposal site. You may obtain a list of the names and
resses of Licensed Site Professionals by contacting the Board of Registration
:azardous Waste Site Cleanup Professionals by telephone at (617) 556-1145 or
person or by mail at One Winter Street, 6th Floor, Boston, Massachusetts
J8 .
2
E OF RESPONSIBILITY
1-11357
✓ Tobin Block
acturing Facility
ampton, MA
Page 3
Du have any further questions, please contact Steven Cooperman at the
rhead address or at (413) 784-1100 x314. All future correspondence
nications regarding the disposal site should reference the Release Tracking
✓ listed in the subject block of this letter.
Sincerely,
Alan Weinberg
Regional Engineer
Waste Site Cleanup
1LC/slc /kml
]er.ne_,e«v11JS1 a] NOR
Northampton
Fire Department
Health Department
Mayor's Office
Almer Huntley, Jr. & Associates, 30 Industrial Drive East,
Northampton, MA 01061 attn: Henry M. Ncdarse
Florence Savings Hank, 85 Main Street, Northampton, MA 01060
attn: Robert Koch, Senior Vice President
Certified 1$Z 082 549 568
ihment: Summary of Liability under M.G.L. c. 21E
3