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296 Letters & Emails 2000-2015 ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor Pro Corporation—PMC 296 Nonotuck Street Florence, MA 01060 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Attention: Richard O'Connor Dear Mr. O'Connor: BOB DURAND - Secretary LAUREN A LISS Commissioner November 16, 2000 Re: 296 Nonotuck Street,Florence, MA Release Tracking# 1-13582 Immediate Response Action Plan Modification Approval The Department of Environmental Protection,Bureau of Waste Site Cleanup(the Department)received an Immediate Response Action(IRA)Plan Modification on November 7,2000,for the property located at 296 Nonotuck Street in Florence,Massachusetts(the"site"). The Plan was prepared by ATC Associates, Inc.and signed by their Licensed Site Professional, Mr. Timothy J. O'Brien. On August 9,2000,ATC Associates,Inc. provided oral notification to the Department of a non-aqueous phase liquid(NAPL),which was observed during excavation activities under a Release Abatement Measure. Three to four inches of NAPL similar to machine oil was observed at a depth of three feet below grade. The Department approved the following IRA activities to address the NAPL: removal of the NAPL encountered during the excavation; excavation and proper disposal of up to 50 cubic yards of contaminated soil; and completion of assessment activities to determine the source of the NAPL. The IRA Plan Modification proposes the installation of a physical barrier and an active recovery system in the excavation area to recover the NAPL. The proposed IRA Plan Modification includes: construction of a recovery trench and installation of a sump; connection to a holding tank;weekly inspections of the system; and confirmatory soil sampling of the excavation area. 436 Dwight Street•Springfield,Massachusetts 01103•FAX(413)784-1149•TDD(413)746-6620•Telephone(413)704-1100 0 Printed on Recycled Paper Pro Corporation IRA Approval RTNN 1-13582 The Department approves of the response actions documented in the IRA Plan Modification.The response actions proposed in the plan are subject to the condition listed below: 1. The Department should be notified two(2)days prior to the commencement of IRA activities at the site. If you have any questions regarding this matter, please contact Eileen Barnes at(413)755-2]25. DS/EMB/kml rely Day Section Ch Emergency ponce Certified Mail#7000 0600 0026 4624 9273,Return Receipt Requested cc: Northampton: Board of Health Fire Department Board of Selectmen ATC Associates,Inc. Timothy J.O'Brien,LSP Leni-Sarah Machinton,Environmental Scientist This information is available in alternate format by calling our ADA Coordinator 4(617)5744 72.This information is available in alternate format by 1RGEO PAUL CELLUCCI 3ovemor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE November 29, 2000 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL:RETURN RECEIPT REQUESTED Pro Corporation—PMC 296 Nonotuck Street Florence,MA 01062 Attention: Fred Gariepy,Plant Engineer Re: Florence 296 Nonotuck Street Release Tracking# 1-13695 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 BOB DURAND Secretary LAURENA LISS Commissioner Dear Mr.Gariepy: On November 21,2000,at 2:30 P.M.,Mr.Timothy O'Brien,LSP of the consulting firm ATC Associates,Inc. provided notification on your behalf to the Department of Environmental Protection(the Department)of an oil release to the Mill River from a water discharge pipe located at the subject location(the site). The quantity of oil released was approximated to be 20 gallons. In addition to oral notification,310 CMR 40.0333 further requires that a completed Release Notification Form(RNF)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 that was reported is or may be a disposal site as defined in the MCP. The Department also has reason to believe that you(as used in this letter"you"refers to Pro Corporation- PMC)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. This intonation is available in alternate format by Sling our ADA Coordinator at(617)5116872. 438 Dwight Street•Springfield,Massachusetts 01103•FAX(413)784-1149•TDD(413)746-6620•Telephone(413)784-1100 0 Printed on Recycled Paper Mr.Fred Gariepy Notice of Responsibility RTN 1-13695 Page 2 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 govemed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any actions necessary to protect any such claims you may have against third parties. At the time of oral notification and subsequent field inspection the Department approved the following response actions as Immediate Response Actions(IRA):excavation and proper disposal of up to 10 cubic yards of contaminated soil. The Department records indicate that there have been previous releases at this facility. However,the oil release to the Mill River described above is considered a separate release and will be tracked under Release Tracking No. 1-13695. Specific approval is required from the Department for the implementation of an IRA 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 a RAO Statement is filed 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 listed Mr.Timothy O'Brien of ATC Associates,Inc. as the LSP of record for this release. If you have any questions relative to this notice,you should contact Eileen Barnes at the above letterhead address or by telephone at 413-755-2125. All future communications regarding this release must reference the Release Tracking Number(RTN)contained in the subject block of this letter. Very truly yours, 00A ri A. _u -. rrPr David A.Slowick Section Chief Emergency Response DAS:EMB:kml P:13695 nor.doc Certified Mail No.7000 0600 0026 4624 9242 copy: Northampton Fire Department Board of Health Board of Selectmen ATC Associates,Inc. Timothy O'Brien,LSP Attachments to addressee only: Release Notification Form;BWSC-003 and Instructions Summary of Liability under M.G.L.c.21E NE SWIFT avernor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Pro Corporation-PMC 296 Nonotuck Street Florence,Massachusetts 01062 BOB DURAND Secretary LAUREN A.LISS Commissioner Attn: Richard O'Connor,General Manager June 20, 2001 Re: Florence 296 Nonotuck Street Pro Corporation Release of Hydraulic Oil RTN 1-13695 NON#:NON-WE-01-3079 NOTICE OF NONCOMPLIANCE M.G.L.c.21E,310 CMR 40.0000 THIS IS AN IMPORTANT NOTICE FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES Dear Mr.O'Connor: Department records indicate that response actions at the above-referenced site are not in compliance with one or more laws,regulations,orders,licenses,permits,or approvals enforced by the Department. Attached hereto is a written description of(1)each activity referred to above, (2)the requirements violated, (3)the action the Department now wants you to take and(4)the deadline for taking such action. If you fail to come into compliance by the prescribed deadline(s),or if you otherwise fail to comply in the future with requirements applicable to you,you could be subject to legal action. Such action could include criminal prosecution,court-imposed civil penalties,or civil administrative penalties assessed by the Department. A civil administrative penalty may be assessed for every day from now on that you remain out of compliance with the requirements described in this Notice of Noncompliance. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 438 Dwight Street•Springfield,Massachusetts 01103•FAX(413)784-1149•TOD(413)746-8820•Telephone(413)784-1100 0 Printed on Recycled Paper 2 Please contact David Slowick of the Western Regional Office at 413-784-1100 ext.2246 if you have any questions. Sincerely, Alan Weinberg / Deputy Regional Director Bureau of Waste Site Cleanup DAS/ds/kml P:.13695NON Certified Mail#7001 0320 0003 0115 8836,Return Receipt Requested cc: Northampton: Board of Health Mayor's Office Maria Pinaud, BWSC/Boston BWSC\WERO Enforcement File Steve Ellis,WERO(2) Eileen Bames-WERO 3 NOTICE OF NONCOMPLIANCE SUMMARY ENTITY IN NONCOMPLIANCE: Pro Corporation-PMC 296 Nonotuck Street Florence,Massachusetts 01062 LOCATION OF NONCOMPLIANCE: 296 Nonotuck Street,Florence,Massachusetts 01062 DATE(S)OF NONCOMPLIANCE- January 20,2001 for the submission of an Immediate Response Action Plan March 17,2001 for the submission of an Immediate Response Action Status Report. DESCRIPTION OF REOUIREMENT(S)NOT COMPLIED WITH: On November 21, 2000,Pro Corporation-PMC notified the Department of a release of an unknown quantity of hydraulic oil to the environment. The oil was discharged to the Mill River from piping maintained by Pro Corporation-PMC,resulting in a visible sheen on the river. The Department inspected the site on November 22,2000, and confirmed that a release of oil to the environment had occurred. The Department assigned release tracking number 1-13695 to this release,and issued a Notice of Responsibility,dated November 29,2000,to Pro Corporation-PMC. The NOR advised Pro Corporation- PMC of its responsibility to conduct response actions to address the release.On December 8,2000,the Department received a Release Notification Form prepared by Pro Corporation-PMC for the release. No additional information was found in the Department's files regarding status of the release. 310 CMR 40.0420 requires the submission to the Department of an Immediate Response Action Plan within sixty (60) days of notification to the Department of the need to conduct an Immediate Response Action, unless an Immediate Response Action Completion Report or a Response Action Outcome Statement is submitted to the Department within this sixty (60) day time period, or a remedial action consisting solely of the construction of a fence or posting of warning signs was taken. 310 CMR 40.0425(1)requires any person conducting Immediate Response Actions to submit a written Status Report to the Department within one-hundred and twenty(120)days from the date of initial notification to the Department of the intent to conduct an immediate Response Action. DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE: Failure to submit an Immediate Response Action Plan and an Immediate Response Action Status Report to the Department. 4 DESCRIPTION AND DEADLINE(S)OF ACTION(S)TO BE TAKEN On or before July 6,2001, submit to the Department an Immediate Response Action Plan and Status Report prepared by a Licensed Site Professional in accordance with 310 CMR 40.0424 and 310 CMR 40.0425 respectively. Department of Environmental Protection L � DATE: June 20, 2001 By: Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup Pro Corporation-PMC Machine Oi(Release RTN I-16060 Page 2 of 2 You should be aware that you may have claims against third claims fo contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but an governed by laws which establish the time allowed for bringing�igation damages,Th Department encourage: you to take any actions necessary to protect any such claims you may have against third parties. At the time of oral notification to the Department, the Department was advised that Immediate Response Actions(IRA)consisting of assessment-only activities would be performed at this time. Specific approval is required from the Department for the implementation of an IRA 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 film of Statement and/or Response Action Outcome(RAO) statement. The MCP requires that a fee of$1200.00 be submitted to the De g an IRA Completion initial notification. Department when an RAO Statement is filed greater than 120 days from the date of Unless otherwise provided by the Department, responsible of a release or threat of release is provided to the Department have one year from the initial date notice the Department issues a Notice of Responsibility, whichever occurs earlier,to 310 file witth 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 is Januaa220 2 It is important to note that you must dispose of any Remeon Waste generated at the sect ons in accordance with 310 CMR 40.0030 including, w thoutalimitati n, contaminated soil and/orodebr s. 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 617/556-1091 to obtain the current LSP list. Presently, the Department has recorded that Kevin Sheehan of Environmental Compliance Services will provide LSP services for this release. If you have any questions relative to this notice, you should contact the undersigned at the above letterhead address or by telephone at 413-755-2246. All future communications regarding this release must reference the Release Tracking Number(RTN)contained in the subject block of this letter. DAS/ds/kml P:16060mf ely A. Slo Section Chief Emergency Response Certified Mail No 7000 0600 0026 8858 8491 cc: Northampton: Health Department Mayor's Office Kevin Sheehan-ECS Attachments to addressee only:Release Notification Form;B WSC-003,and Instructions Summary of Liability under M.G.I.c.21E 4NEY EALEY it 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•FAX(413)784-1149 STEPHEN R.PRIT CHAAR'D Sretary Pro Corporation-PMC 296 Nonomck Street Northampton,Massachusetts 01060 Attn:David Tally ROBERT W.GOLLEDGE,Jr, Commissioner January 24, 2006 Re: Northampton(Florence) 296 Nonomck Street RTN 1-16060 Machine Oil Release RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 Dear Mr.Tolly: On January 20, 2006 at 4:35 PM, notification was provided to the Department of Environmental Massachusetts(the Department)Yt) of a release Environmental Compliance Services, installed a l boring below e n its site). e Your consultant,d detected eater than '/ inch of light, non-aqueous phase below the on-site machine underlying and machine shop. In addition to oral notification,as listed in the Mass on setts Continency flan,1310 CMR 40.0000 This he constitutes MCP"). a reportable e to oral tted to the the Massachusetts Contingency Plan, Department within 60rts of the date of the eoral notification.Notification Form (RN The Department has reason to believe that the release that was reported is or may be a disposal used in this letter site"you" sal sit as are a potentially responsible party (PRP)with liability under Section 5(a) defined in the MCP. The Department also has reason to believe that you your status refers to . c Corporation-PMC)Thi i r meaning that it is not based on fault,but solely on y of M.G.L. c. e at ,This liability a sports , This liability owner, also "joint i t andrseve al",meaning sin that you are other ble for all response costs incurred at a disposal liability is also "joint and several",meaning that y site even if there are other liable parties. The Department encourages PRPs to take prompt and appropriate actions in response to releases you may taking the necessary response actions, y threats of release w r oil r assessment mentdand materials. By g effort or is incurred red bi he significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the e fees Department payable under 310 CMR 4.00. Please refer to M.G.L.ro 21E for a complete description of potential fs payable This information is available in alternate format.Call Donald M.Comes,ADA.Coordinator at 617-S56-1051.TED Service-l-800.29 8-2207. DEP on the World Wide Web http9lwvwt.mas5 govldep 0 Printed on Recycled Paper Pro Corporation-PMC RTN 1-16060 NON-WE-06-3026 Paget of 4 The Department reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court-imposed civil penalties, or administrative action, including administrative penalties imposed by the Department. If you have any questions about this Notice, please contact David Slowick of the Department's Western Regional Office at 413-755-2246. In responding to this Notice of Noncompliance, please reference the Release Tracking Number 1-16060 and the NON number (NON-WE-06-3026)to ensure proper tracking of your response. AGS/das/kml P:16060 Northampton NON-WE-06-3026 Certified Mail#7004 0550 0000 4693 8461 enclosure: RNF&Instructions cc: Northampton: Health Department Mayor's Office e-cc Denise Andler Sincerely, 1$VL ntic_ Ann ingt Deputy Regional Director Bureau of Waste Site Cleanup :EY LEY }overnor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100•FAX(413)784'1149 STEPHEN R.PRISe HARD Corporation-PMC 6 Nonotuck Street othampton,Massachusetts 01060. ttn:David Tally April 4, 2006 Re: Northampton(Florence) 296 Nonotuck Street RTN 1-16060 NON#:NON-WE-06-3026 M.G.L.cO 21E 310 CMR 40.0000 THIS IS AN IMPTANT NOTICE. THIS NOTICE COULD RESULT T IN SERIOUS LEGAL CONSEQUENCES ROBERT W.GOLLEDGE,Jr. Commissioner Gentlemen: r The Department's records The Department of Environmental requirements (the "Department') has determined that meet's i not n PRP for one or more release(s) you are not compliance with one or more requirements enforced by the Department. indicate that m you aze a Potentially Responsible site) Party ( ) hazardous materials at the disposal site(the site) named above. As of the date of this Notice,y in compliance with regulatory deadlines for investigating and cleaning up the disposal site. Specifically, Pro Plan to e Department for the ile of release of Notification achine oil that was reported to the Department at the above-referenced site. assessed the required every actions after ttcompleted te of this the Notideadlines that specified noencompliance administrative occurs ortconttiiinue. Such a assessed far everyday 000 violation per day. penalty may be assessed in an amount of up to$1, per the date and place that Attached is a Notice of Noncompliance that describes(1)the requirement violated,(2) the Department asserts the requirement was violated, (3) either the specific actions which must be taken in (4) the deadline for taking such actions or submitting such a proposal. These order to return to compliance or direction to submit a written proposal describing how and when you plan o return q i to compliance and d ) Please consult the Plan or "MCP"). requirements are governed by Massachusetts General Laws Chapter 21E, and dv neon the Departments thereunder MCP (310 CMR 40.0000 — the Massachusetts requirements.ts. The MCP viewed through the State web for the complete explanation of these requirements. TCe MCP may web page at h •:Ilwwwstate.ma.uslde•/bwsclre s.htm. Copies may be purchased Store in the State House(617-727-2834). This information is available in alternate for on Call Donald M. Wide Web:ams.ADA Coordinator ratl6 p5564057 TDD Service-1-80049&2207. 0 Paled on Recycled Paper Pro Corporation-PVC RTN 1-16060 NON-WE-06-3026 Page4 of 4 DESCRIPTION AND DEADLINES OF ACTION S TO BE TAKEN On or before Aori114 2006, submit to the Department a signed Release Notification Form(attached). On or before Anri127 2006, submit to the Department an Immediate Response Plan or Response Action Outcome Statement prepared by a Licensed Site Professional in accordance with the Massachusetts Contingency Plan, 310 CMR 40.0000. If the required actions are not completed by the deadlines specified above, an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. The Department reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court-imposed penalties, or administrative action, including administrative penalties imposed by the Department. Department of Environmental Protection By: ( L 4rymin t ' �u egional Prector Bureau of Waste Site Cleanup orporafion-PMC 1-16060 .WE-06-3026 3 of 4 NOTICE OF NONCOMPLIANCE SUMMARY NON-WE-06-3026 TITY IN NONCOMPLIANCE: Corporation-PMC,296 Nonotuck Street,Northampton,Massachusetts 01060 )CATION OF NONCOMPLIANCE: IN 1-16060 Corporation-PMC,296 Nonotuck Street,Northampton,Massachusetts 01060 ATE S OF NONCOMPLIANCE: larch 21,2006, for the submission of a Release Notification Form and an Immediate Response Action Ian. )ESCRIPTION OF RE S U IREMENT S NOT COMPLIED WITH: 4n January 20,2006,the Department was notified of the detection of greater than 1 inch of non-aqueous phase liquid (machine oil) on groundwater underlying the machine shop at the Pro Corporation- well. PMC facility. The release was discovered after the installation of a soil boring/groundwater monitoring The release may be due to historical oil leakage from machinery. The Department assigned release tracking number (RTN) 1-16060 to this release, and issued a Notice of Responsibility (NOR), dated January 24, 2006, to roCorporation-t and assessment Th NOR release. The NOR noted PMC of its responsibility to insure appropriate NOR noted within a sixty Release 0) days of the date of oral anotifica on to Response the Department of the release, by be Marh submitted within sixty ( ) Y March 21,2006. The Department has not received either of the required submittals as of the date of this Notice of Noncompliance. 310 CMR 40.0333 requires that a completed Release Notification Form be submitted to the Department within 60 calendar days of the date of the oral notification of an Immediate Response Action Plan 310 CMR 40.0420 requires the 'submission to the Department within sixty (60) days of notification to the Department of the need to conduct an Itrunediate Response Action, unless an Immediate Response Action Completion day or a Response Action Outcome Statement is submitted to the Department within this sixty(60) y DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE: Failure to submit a Release Notification Form and Immediate Response Action Plan to the Department. rage i u Ina, Ellen Bokina, Ellen ,. Monday, May 11, 2009 12:18 PM 'Richard A. Starodoj 'Xanthi Scrimgeouf eject: RE: UIC approval Northampton_296 Nonotuck St Rick: <you for deuce as the pr val of your approval for the geothermal wells at 296 Non tluck St.the Please accept i of Health o office.as Upon col p etio well permit. I, pleasesendtto thee Northampton BOH office a copy of the out i of Heh office. Upon completion of the project, p jilt to complete the BOH file. Neely, 1 Bokina 'tartan ierst Public Health Department 3oltwood Walk ierst, MA 01002 ;ct: 413-259-3241 413-259-2404 ---Original Message--- From: Richard A. Starodoj Emailto:RSTAROD03@ecsmnsult.com Sent: Friday, May 08, 2009 4:48 PM To: Bokina, Ellen 296 Nonotuck St Subject: FW: UIC approval Northampton_ We have our state approval for the water loop and DX wells as noted below! Great news! Please let me know when the local permit is ready. Have a great weekend! Rick From Cerutti, Joseph ( ) I a'PMJOSeph.Cerutti @state.ma.us] Sent: Friday, May 08, 2009 To: Richard A. Starodoj Cc: Sam Johnston;Subject:UIC approval Daniel Felten; Poland, Northampton 296Nonotuck St DCR) Hi Rick, The of two purpose of closed-lloop you ource heat1pump wells 5 DX wells tand the start-uP of the Ration the -oval for the start-up of the DX system. The ground-loop portion of the standard closed-loop system at 296 Nonotuck Street, Northampton. I will need some additiona closed-loop prior to issuing only cop closed-loop system shall only contain an ethanol and water solution the system shall include automatic shut off controls/devices in the event of a significant pressure drop in either the water or refrigerant loops. The DX system shall also include automatic shut off controls in the event of a significant pressure Prior to charging the DX system, MakcDDEP requires that as o cross ate theal type in the refrigerant loop. diagram am of typical you well cone to u use. Missing imil the app diagram of the typical DX well construction details (similar to the sketch that showed both the Keliz and 5/11/2009 rage L. conventional closed-loop side by side cross sections. Normally MassDEP does not issue the UIC registration number sectional diagram it detailed ton. P rrtothe start ofdell ng the DX wells please confirm my assumption that the of the borehole to within a few feet or less of the header trench will be grouted with the Geo supergrout send and s end, the spropo designer sea sectional nal diagram within a the following.week. Once the Installation of the 7 wells is sed If the system , 1 was Winter St Street 5 th FI.,Boston,MA 02108 indicating send a letter to that the system wasp stalled as as UIC es Program, designed and shall submit a copy of the well completion reports that were sent to Department of Conservation and R creaolcati (DCR's)Well Driller Program and local Board of Health (including latitude and longitude If the system was not installed as designed, the system designer shall submit a BRP WS06e modification registration form with the above referenced any revisions UIC r registration attachments number, such m l design e refe UIC ri number, completing only those pans of the form that were changed, plans or specifications. A copy of the well completion reports that were sent to DCR's well drilling program and local Board of Health shall also be submitted. Following MassDEP's receipt of the above, the UIC Program will issue a final approval letter for the UIC registration. Please be aware that the issuance of the above UIC registration number only indicates that MassDE s including but not limited to Board of Health permits for well UIC Program has received the information that we have requested. There may be other local permits. installations or and Building that apply, 9 registration umberllby M2SSDEP does not superrsede the requirements remen s of anyhothe state or a UI trenching work. local regulatory entity. Please also be aware that the above UIC registration number is only for the installation of the 2 standard closed-loop and 5DX wells. It does not include the proposed Kelix well installation. I anticipate issuing the registration number for the Kelix well by the end of next week. Regarding the Kelix well 1 mt hobo if Laurene Poland of the OCR Well Driller Registration Program also wants to be on-site to witness the well installation process. I don't yet know her availability for the week starting May your proposed Kelix drilling schedule changes so that I can coordinate with Laurene and DEP staff. Joe Cerutti Hydrogeologist MassDEP 1 Winter Street, 5th Floor Boston, MA 02108 617 292-5859 fax 617 292-5696 From: Richard A. Starodoj [mailto:RSTAR0D03@ecsconsult.com] Sent: Monday, May 04, 2009 1:29 PM To: 'Cerutti, Joseph (DEP)' Cc: Sam Johnston; Daniel W. Felten Subject: 205422 -the requested additional information for Geothermal Permitissuance - ECS, 296 Nonotuck Street, Florence MA Good afternoon Joe, 2008 email to Dan I am sending the additional information that your requested in your December 9, 5/11/2009 regcJVI- =elten regarding our UIC application for the installation of wells to operate our proposed geothermal seating units at our office at 296 Nonotuck Street, Florence (Northampton) MA. are and the approximate three DX footprints geothermal units at a indicated on the this draft Site Planation of the water Unit 1 will be a 5 to direct exchange unit utilizing five, 3 inch diameter, 100 foot long bores installed at an approximate 30 degree angle from the vertical in a fan pattern. These wells will be installed inside of the existing f the building with the pattern being under fee the existing building. wells at horizontally degreey away vertical from the for each of the five wells is approximately 87 feet. Installation of the wells at a 30 degree angle from the copPer approximately ' inch diameter. Geo super grout will be vertical will result in the bottom of the well being located approximately surface for grog point. Tubing ed will be copy utilized for grouting. Attached is a link to Super gr and nets all technical documents. requirements. cop witl htto�llsuoeraroutoroducts� Super grout meets all permeability requirements. The copper tubes from each bore will be brought up in the central drill pit and manifolded together by brazing They then proceed to the geothermal unit which will be located angled DX well is located in the lower left corner of the attached immediately adjacent to the well head area. site plan.an. Cn hodic prof of ct the ill one avn. Cathodic protection will be ha provided as needed of C st rfield on in the Mass a regulations. York. Due to on having Kirke Henshaw of Henshaw Well Drilling of Chesterfield on Site to conduct oversight of the DX well drilling be conducted by Rob Feuer with Smart Energy, Inc. out of New Rochelle, weekend interior location May 16 of the es ndrillingwcreate a have tentatively v tse eduled this drilling to take place on the Unit 2 will be a 5 ton closed loop water unit. It will utilize two approximately 500 foot deep vertical bores of 5 and 1 12 inch diameter. Temporary casing will be utilized from the surface to and into the bedrock interface. Two lengths of geothermal 1 and 1/.inch diameter polyethylene tubing will be inserted into each borehole to create a"U-tube". The U tube in each of the wells will be manifolded together with heat fused connections and run back to the building in a trench as shown on the plan. The piping wirl placed at a depth of between 3 and 4 feet below the surface. Piping will run to the geothermal unit which will be located in the third floor mechanical room of the building and will enter from the floor after passing through r o gmix. We foundabon wall would like to start depth. install of thegU for the well-loop wells on will May 11th the if possible. entonite Portland Unit 3 will be a 5 ton closed loop water unit. It will utilize a Kelix brand heat exchange tube located in a 6 inch diameter bore hole. Details of the Kelix install procedure supergrout and depth from the in he Unitt 1 the building ri n htt•dlkelix.coml•ubliGima•es/Formsllnstall5.•df Geo supergrout as referenced in the Unit 1 description will be the for the back sorbed of the hole. Piping Piping yp will be same trench as that the wells e for un t Unit The Kelix sall is a tali Kelix scheduled for the will be in of May the 18th. The water w A.lsThe Units have a numberlof Mass installed Registered Well Drillers eon staff Artesian The erlegstration Longmeadow, MA. Y number of the particular driller overseeing the install will not be available until the install takes place and we provided with in the e comp eti n future ports. The h commencement meof the re giste red well ll driller installing the DX loops will The attached plans shows the proposed well locations floor) of the wells wells that and piping trench from the water loop wells gel s to the building to be serviced by the 3 units. The units will serve the 3rd floor(top ) contains the mechanical room. Piping and well locations may need to be shifted slightly due to conditions encountered during install line setback requirement. There are no well loations proposed that are close to the 10 foot property The Northampton Health Department stated that there is only ly o street to the east the former part of the ly one know well in the vicinity which is located ro-Br at h238 co aleck Street a the next property r t Pro-Brush mill complex). This well is located greater than 400 feet to the east of the proposed DX area lied for the local well construction and trenching permit from Northampton along and greater than 500 feet from the water loop area. I have attached the Health Department's faxed response. We have app with a Dig-Safe number. 5/11/2009 rage4 us -r Attached is a copy of a plan on file with the Hampshire County Registry of Deeds (Plan book 218, Page 15) indicating the AUL area in question. The eastern most foot print of the DX system at a depth of 87 feet below to et de is of the greater than 65 feet from the AUL area. The DX pit area is located greater than We request permission to use ethanol in the water loop wells and the Kelix system. We have applied for and expect local permit approval from the Board of Health (well permit)and DPW (trench permit) by Thursday 5/7/09. We have received clearance from the Conservation Commission to proceed. Please call with any questions. Rick Rick Starodoj ECS, Inc. 588 Silver St. Agawam, MA 01001 Voice 413-789-3530 ext325 Fax 413-789-2776 Cell 413-374-3521 Richard A. Starodoj Senior Field Technician cs 588 Silver St. Agawam MA 01001 tel 413.789.3530 fax 413389.2776 rtarodoj @ecSCOn su ILCOm www ecs cot contains confidential, privileged or subject to the work product doctrine This electronic message and any attachment contains information from Environmental Compliance Services. Inc.. which may be proprietary. and thus protected from disclosure. It is intended for the addressees only If you are not an addressee. taken any and copying may be unlawfucontents lf you are not or any nplease inforrm the senderimmediately. 5/11/2009 Heon Ellen Bokina Tuesday, June 02, 2009 3:11 PM Madeline Neon Xanthi Scrimgeour FW: 205442-Local well permit .Ilne. please send out a copy of the well permit to Mr. Starodoj for this address? 1 believe the permit was completed o him. If you can't find it let me know. It would be in the pending septic file next to the printer. .1, ina Public Health Department pod Walk MA 01002 13-259-3241 5-259-2404 ,final Message----- 2ichard A. Starodoj [mailto:RSTARODO3 @ecsconsult.com "uesday, June 02, 2009 1:54 PM Gina, Ellen 3: 205442 - Local well permit dternoon Ellen, II not been able to locate the copy of the well permit for 296 Nonotuck Street in Northampton that your office had i me last week. My guess is that it was misdirected at our office while I was on vacation. If you could send along Sr copy I would appreciate it very much. :s, Starodoj 1, Inc. silver St. vam, MA 01001 e 413-789-3530 ext325 413-789-2776 413-374-3521 hard A. Starodoj nor Field Technician ICS OLE BUSINESS E ENVIRONMENT CONVERGE 8 Silver St. lawam MA 01001 1 413.789.3530 fax 413.789.2776 tarodo ecsconsult.com sultcom te i pmt Ins email unless you really need to product doctrine and thus protected frontsdis the E meIlt flc message and any attachment contains information from Environmental Compliance Services. Inc , which foir t e ddressees o only. If you or subject to the work p for the (o addressees only- e you are not an addressee. and disclosure Ia copying �n taken (or not taken)in reliance on It is unauthorized and may be unlawful. If you are not an addressee. -m the sender immediately. 2 NON-WE-13-3021, R7W;1-17208 prosecution,civil action including court-imposed civil penalties,or administrative action, including administrative penalties imposed by the Department. Please note that as of January I,2009,all submittals for this release that require a Licensed Site Professional SP 0 inion must be submitted through eDEP,MassDEP's electronic document and form submittal repository. For more information on electronic submittal of forms and reports, please visit MassDEP's website,http://www.mass eov/den/se rvice/comnlianceJede onlfhtm. You must employ or engage an 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)556-1091 or via the following internet link: htt o:///mubli--- is deo state na us/LSP/Ispseamh.htm. If you have any questions about this Notice or any of the requirements contained in it,please contact Catherine Wanat at 413-755-2216. In responding to this Notice of Noncompliance, please reference the Release Tracking Number, RTh 1.17208, and the Enforcement Tracking Number,NON- P anee, WE-13-3021, to ensure proper tracking of your response. Sincerely, Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup IRA/ACTACertified Mail# 7011 3500 0000 8444 5903,Return Receipt Requested L-D,AUDCOM/NAFNON Enc. Notice of Noncompliance ec: Northampton Mayor's Office Northampton Health Department Daniel Felton, LSP-of-Record Denise Andler, DEP-WERO Derrick Bruce, DEP-WERO Commonwealth of Massachusetts Affairs Executive Office of Energy ronmental Department of Environmental Protection - Western Regional Office•436 Dwight Street,Springfield MA 01103.413-784-1100 RICHARD K.SULLIVAN JR. Secretary PATRICK P MURRAY u Goesmor CERTIFIED MAIL 7011 3500 0000 8444 5903 Nonotuck Mill,LLC Attention: Mr.Matthew McDonough 270 Exchange Street Chicopee,MA 01013-1677 KENNETH L KIMMELL Commissioner May 14, 2013 RE: NOTICE O NONCOMPLIANCE OMMPLLIANCE Northampton, RTN: 1-17208 NON-WE-13-3021 Failure to Meet Performance Standards for Immediate Response Actions Dear Mr.McDonough: The Department of Environmental Protection("MassDEP" or the"Department")has determined with one or that you(in this letter"you"refers to Nonotuck Mill,LLC) are o s in co dplianceate that you are more requirements enforced by the Department. The Department' a Potentially Responsible Party(PRP)for one or more releases of oil and/or u aaz o s materials at the disposal site(the site)named above. As of the date of this Notice,you not in did not are compliance.with submitted ran Immediate e for Action Completion Rep the t disposal site. Specifically,you applicable performance standards. administrative penalty If the required actions are not completed by the deadline specified below,an may be assessed in an amount of up to$1,000.00 per violation per day. may be assessed for every day after the date of this Notice that the noncompliance occurs or date and Attached Such a penalty Y the requirements violated,( ) requirements were violated,(3)the specific actions which Attached is a Notice of Noncompliance that describes q must that taken the in rdmeot esertt the mq q the deadline for taking such actions: These and the regulations muu be ts in order to return to samusettse General Laws Chapter 21E,and(4) Please adopted thereunder are governed(310 by 40.0000 u the Massachusetts Contingency Plan or"MCP").adopted the MCP for r r the CMR the Department's the MCP web pa complete e at htta//www.masi..f ov/de./clemanuflaws/ree at.him yCopies viewed may be the Depertment's web page purchased thtough_the State Book Store in the State House(617-727-2834). The Department reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements,including,but not limited to,criminal MassDEP Webslte:wmumase govldeP This information Is available In imamate format.call Michelle Wat rs E on RenDiler IW OIrecta,M 617-292-5751.TDDA 1866-599-7822 or 1.617.574-6868 NON-WE-13-3021,PTN: 1-17208 4 310 CMR 40.0426(1)-An Imminent Hazard Evaluation shall be performed as part of an Immediate Response Action at sites where a release or threat of release could pose an Imminent Hazard to human health, safety,public welfare, or the environment. - On March 8,2013, an IRA Status- Completion Report was submitted. Despite the availability of indoor air data from a sample collected on October 26,2012 which indicated the presence of VOCs above the Commercial Threshold Values listed in the Department's Interim Final Vapor Intrusion Guidance(WSC#11-435),no further sampling was performed to evaluate the concentrations of VOCs in the basement and other areas of the building. The Report included a statement concluding that site conditions do not present an Imminent Hazard. However, there was no documentation that a site-specific Imminent Hazard Evaluation which included the available VOC and PCB indoor air data had been performed for the site. The IRA Status-Completion Report did not include consideration of the following relevant policies or adequate justification for alternative approaches: • The Interim Final Vapor Intrusion Guidance(WSC#11-435)addresses identifying, assessing and mitigating vapor intrusion pathways at disposal sites. The IRA Status-Completion Report includes several approaches not recommended in the VI Guidance, and adequate justifications were not provided for the alternatives chosen. The approaches at variance with the guidance are: (1)detections of VOCs in indoor air above the Commercial Threshold Values were not followed up with more assessment; (2)first floor and outdoor air samples were not collected simultaneously with the basement air samples; (3) EPA Method TO-15 was not used for analysis of the indoor air VOC samples; (4)multiple lines of evidence were not used to evaluate the indoor air exposures; and (5)4-hour sample collection periods were used instead of the 8-hour period recommended for commercial building uses. • The.Compendium of Quality Control Requirements and Performance Standards for Selected Analytical Protocols (WSC#10-320)or CAM includes EPA Method TO-15 for analysis of VOCs in air. The IRA Status-Completion Report documented the use of a non-CAM method,EPA Method TO-14a, but did not include an adequate support for the use of this method, considering its use in concluding that an IRA is no longer needed at the site. The Report stated only that"the use of these methods is considered to have provided an adequate means of determining indoor air impacts at the site." ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS: On or before June 14,2013, submit to the Department: (1) La icensed Site Professional i n acco dance with the Massachusetts Contingency Plan 310 CMR 40.0000. The revised report shall include an expanded investigation of indoor air exposures at the site and a site-specific Imminent Hazard Evaluation. The Imminent Hazard Evaluation shall address the Department's determinations above, specificall incorporating data from a current round of indoor air sampling data for VOCs, CVOCs, and PCBs, (b) y'(a) O addressing areas of the building other than the basement, (c) using the revised USEPA toxicity values for trichioroethylene(TCE)for comparison to a Hazard 3 NON-WE-13-3021,RTN: 1-17208 NOTICE OF NONCOMPLIANCE, NON-WE-13-3021 RTN 1-17208 THIS IS AN IMPORTANT LEGAL NOTICE. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Nonotuck Mill,LLC LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: RTN 1-17208,296 Nonotuck Street,Northampton DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: March 8,2013-submittal of an Immediate Response Action(IRA) Status-Completion Report DESCRIPTION OF REQUIREMENTS NOT COMPLIED WITH: 310 CMR 40.0049(5) - Air-emission control treatment devices shall be designed,constructed, and operated in a manner that will ensure removal of at least 95%of the emitted oil and hazardous materials,on a weight basis. On January 17,2013, a ventilation system was installed at the site in an effort to reduce the levels of polychlorinated biphenyls(PCBs)and volatile organic compounds(V Ore ),including chlorinated VOCs(CV OCs)which had been detected in indoor air. The system draws air from the treatment system recirculation tank and the building interior and passes it through v v.apor- phase granular activated carbon prior to the discharge of the air to the building exterior. The IRA Report and concurrent Remedial Monitoring Report did not contain documentation demonstrating that this air emission control treatment device is meeting the required contaminant removal requirements. - - 310 CMR 40.0191(2) -The Response Action Performance Standard must be employed during the performance of all response actions conducted pursuant to the MCP, and must include, without limitation,the following: (a) consideration of relevant policies Department(b) use of accurate and upoo-danethods standards and practices,,equipment and technolo gies which are appropriate,available and generally 2 communities conducting esponse ac ons ac ordan wi with M.O.D.. L c.21E and the MCP under similar circumstances;and (c) investigative � defensible, precision and accuracy with the intended scientifically se of the results of such investigations. 7N-WE-13-3021,RTN: 1-17208 Index of I,based on developmental effects from short-term exposure(see 310 CMR 40.0955(2)(c)); and(d)using EPA Method TO-15 for VOC air analysis or providing adequate justification for using another method; and (2) a Remedial Monitoring Report that specifically addresses the air emission control treatment device,including monitoring results to demonstrate its efficiency in contaminant removal. administrative penalty may be If the required actions axe not completed by the deadline specified,an assessed for every day after the date of this Notice that the noncompliance occurs or continues. The but not limited to,criminal Department reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all including court-imposed including, c civil penalties,or administrative action, including ad ini action ipenuding including administrative penalties imposed by the Department. For the Department of Environmental Protection: zze- Eva V.Tor Deputy Regional Director Bureau of Waste Site Cleanup Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs .PATRICK Department of Environmental Protection Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784A100 MAUVE VALLELY SWUM Secretary Nonotuck Mill LLC 270 Exchange Street Chicopee,MA 01013 Attn: Matt McDonough nAVin W.GASH Commissioner January S, 2015 Re: Northampton,296 Nonotuck Street RTN: 1-17208 Immediate Response Actions Imminent Hazard Notification Dear Mr.McDonough: The Department of Environmental Protection(the Department)received an oral Imminent Hazard notification from Environmental Compliance Services,Inc. (ECS)on January 2, The notification was based on indoor air concentrations of tetrahydrofuran of 4,000 µg/m3 in the building at the referenced site. Acetone,ethanol and n-butanone were also detected in the indoor air sample. The following concentrations activities is indoor air at thcferenced site:investigate ollection of another indoor air for collection of a sir -slabls for as able organic i e area of the elevvated indoor air sample;collection of an outdoor air sap-pleb soil gas sample sample; and evaluation of the potential for inventory(shoes) stored in the building to be a source additional of indoor the indoor sample air e contamination. The outsid of the suspected Department oor air source area for collecting omparison and evaluating indoor gr samp building maintenance n source of�tkre if any an�and/or construction products use in the building could be the The proposed assessment activities are to be performed as part of the existing Immediate Response Action(IRA)being conducted at the site to address the presence of light non-aqueous phase liquid and vapor intrusion by chlorinated VOCs.s. B applicable,either:either 4(I a retraction of the Nonotuck Mill LLC must submit to the Departmenumen plica le(ei a Release Notification Imminent Hazard notification,with supporting Ibis Information is available In alternate format Call Michelle Watere-Ekanem,Diversity Director.at 617-292-6761.TrY#Mad$RBlay Service 1-800439-4370 MassDEP Wabsite:a'^m'.mass.govIdep Printed on Recycled Paper 1-17208 IRA Form,an Imminent Hazard Evaluation pursuant to 310 CMR 40.0426, and an IRA Plan Modification. If further reporting for this Imminent Hazard notification is required,it should be done under the schedule of Status Reports established for the existing IRA. Please provide the Department with the laboratory analytical results from the additional assessment as soon as they are available.If you have any questions about this letter,please contact Catherine Wanat at 413-755-2216. Sincerely, Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup ec: Northampton Mayor's Office Northampton Health Department MassDEP WERO: D. Slowick,1 Ziegler ECS: N.Berube,D.Felton,LSP-of-Record 2