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Notice of Responsibility & Consent Orders 1996-2000 Fuss&O'Neill Inc. Consulting Engineers REPLY TO LONGMEADOW July 31, 1996 City of Northampton, Board of Health Attn: Mr. Peter McErlian City Hall 210 Main Street Northampton, Massachusetts 01060 Re: Hampshire Heights Project Bridge Road, Northampton Site #1-0866 Dear Mr. McErlian: 146 Hartford Road.Manchester,CT 06040-5921 TEL am 646-2469 FAX 860 643-6313 1200 Converse Street,Longmeadow,MA 01106-1721 TEL 413 567-9886 FAX 413 567-8936 Providence,RI TEL 401 828-3510 Solid Wasle Management Ind ustnalMazardous Waste Management Stream Impact Analysis Water Resources Engineering Transportation Engineering Environment Field Services Environmental Engineering Wastewater Management Site PlanningJErgineenng Hydrogedogy Park Design Surveying In accordance with the Public Notice requirements outlined under 310 CMR 40.1403(6)(b) of the Massachusetts Contingency Plan (MCP), attached please find a copy of the legal notice prepared for the referenced site. The notice indicates that the site has been classified as a Tier II site pursuant to § 40.0500. The attached legal notice will be published next week in the Daily Hampshire Gazette. If you have any questions concerning this matter, please do not hesitate to contact either of the undersigned at your convenience. Sincerely, Timothy F. Keane Herbert E. Woike Project Environmental Engineer Senior Hydrogeologist Attachment c: Mr. Jon Hite, Northampton Housing Authority Mr. Saadi Motademi, MA DEP (Western Region) 96359\A11TFK0730A WP Corres. Fuss&O'Neill Inc. NOTICE OF AN INITIAL SITE INVESTIGATION AND TIER II CLASSIFICATION HAMPSHIRE HEIGHTS BRIDGE ROAD,NORTHAMPTON, MA SITE#1-0866 Pursuant to the Massachusetts Contingency Plan (310 CMR 40.0480), an Initial Site Investigation has been performed at the above referenced location. A release of oil and/or hazardous materials has occurred at this location which is a disposal site(defined by M.G.L. c. 21E, Section 2). This site has been classified as Tier II, pursuant to 310 CMR 40.0500. Response actions at this site will be conducted by the Northampton Housing Authority who has employed David L. Bramley, L.S.P. of Fuss & O'Neill, Inc. to manage response actions in accordance with the Massachusetts Contingency Plan(310 CMR 4.0000). M.G.L. c. 21E and the Massachusetts Contingency Plan provide additional opportunities for public notice of and involvement in decisions regarding response actions at disposal sites: I) The Chief Municipal Official and Board of Health of the community in which the site is located will be notified of major milestones and events, pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from ten or more residents of the municipality in which the disposal site is located, or of a municipality potentially affected by a disposal site, a plan for involving the public in decisions regarding response actions at the site will be prepared and implemented, pursuant to 310 CMR 40.1405. To obtain more information on this disposal site and the opportunities for public involvement during it remediation, please contact Jon Hite of the Northampton Housing Authority,49 Old South Street,Northampton, MA at(413) 584-4030. 96359'A I\NOTICEWP COMMONWEALTH OF MASSACHUSETTS r EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE SIAM F.WELD TRUDY CORE tenor Secretary 1E0 PAUL CELLUCCI DAVID B. STRUMS Governor Commissioner Mr. and Mrs. Edward Goll 330 Elm Street Northampton, MA 01060 March 10, 1997 Re : Northampton 20 Belmont Avenue RTN #1-11729 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L. c. 21E and 310 CMR 40 . 0000 Dear Mr. and Mrs. Goll : On February 28, 1997 at 11:45 A.M. , the Department was notified of a reportable release of #2 fuel oil 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 he 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 Mr. and Mrs. Edward Goll) 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. 36 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)7464620 • Telephone(413)794-1100 12o%Po.tcnn,ume.) You may also fees payable a complete convenience, attached. avoid or reduce certain permit or annual compliance under 310 CMR 4 . 00 . Please refer to M.G.L. c. 21E for description of potential liability. For your a summary of liability under M.G.L. c. 21E is 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 excavation and stockpiling of up to 100 cubic yards of #2 fuel oil-contaminated soil. The Department requires the disposal of any contaminated media in accordance with Department regulations. 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. 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 . If you have any questions relative to this notice, you should contact John S. Bourcier at the letterhead address or (413) 794- 1100 extension 312 . All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. P:\11729 .RNF Very truly • rs, thapo David A. owick Section Chief Emergency Response Section Certified Mail #P 348 006 260 copy: Northampton Fire Department Mayor' s Office Health Department Jim Okun- O'Reilly, Talbot, & Okun Consulting Attachments: Release Notification Form; BWSC-003 and Instructions Summary of Liability under M.G.L. c. 21E BO PAUL CELLUCCI -rnor E SWIFT tenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE URGENT LEGAL MATTER CERTIFIED MAIL RETURN RECEIPT REQUESTED John Hite Northampton Housing Authority 49 Old South Street Northampton, MA AUG 2 3 1999 NORTHAMPTON, Site 1-0000866 HAMPSHIRE HEIGHTS BRIDGE ROAD NON-WE-99-3070 BOB DURAND Secretary LAUREN A.LISS Commissioner NOTICE OF NONCOMPLIANCE FAILURE TO COMPLETE COMPREHENSIVE RESPONSE ACTIONS This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. Dear Mr. Hite: A review of records conducted by Department of Environmental Protection personnel demonstrates that you ("you" refers to Northampton Housing Authority)are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. Be advised that the regulations that generally set forth the requirements, timelines and procedures for the performance of the Comprehensive Response Actions are codified in Subpart E and H of the Massachusetts Contingency Plan (MCP),310 CMR 40.0500 and 40.0800. The Department has included with and specifically incorporated into this writing a NOTICE OF NONCOMPLIANCE SUMMARY,which includes: (1) The requirements applicable to the Site as previously outlined in your Tier Classification Submittal. (2)The elements and occurrence(s)of the noncompliance necessitating the issuance of this Notice. (3)The deadline(s)within which compliance must be achieved. This information is mailable in alternate format by calling our ADA Coordinator at M17)574-6812. 436 Dwight Street•Springfield.MassathuSahS 01103•FAX)413)784-1149•TDD)413)746-6620•Telephone(413)784.1100 tie, Printed on Recycled Paper NOTICE OF NONCOMPLIANCE Page 2 NON # : NON-WE-3070 An administrative penalty of$2,500 may be assessed for every day from now on that you remain out of compliance with each of the requirements described in this Notice of Noncompliance. Notwithstanding this Notice of Noncompliance,the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable legal requirements, including but not limited to the assessment of civil administrative penalties, the commencement of a civil action in the court(s) of competent jurisdiction, or the commencement of a criminal prosecution in the court(s) of competent jurisdiction. Please contact Michael Scherer at 413/755-2278 if you have any questions concerning this Notice. Sincerely, Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail#: Z 462 493 163 866.non mis CC: NORTHAMPTON Mayor's Office NORTHAMPTON Board of Health Steve Ellis,WERO(2 Copies) Maria Pinaud,C&E,Boston Enforcement Files,BWSC,WERO Site Files,BWSC,WERO Bob Terenzi,BWSC,WERO David Brumley,Fuss&O'Neil, 1200 Converse Street,East Longmeadow, MA NOTICE OF NONCOMPLIANCE Page 3 NON # : NON-WE-3070 NONCOMPLIANCE SUMMARY NON-WE-3070 NAME OF ENTITY IN NONCOMPLIANCE: Northampton Housing Authority,49 Old South Street,Northampton, MA LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: HAMPSHIRE HEIGHTS, Bridge Rd. &Jackson St,Northampton DATE(S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 8/2/98 DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED WITH: On 8/2/96,the Department received a Tier II Classification submittal for the Site.The classification became effective on 8/2/96. In accordance with the MCP 310 CMR 40.0560(2)04, you("you" refers to the Northampton Housing Authority)had two years from the effective date of the Tier II Classification to submit a completed Phase II Report and, if applicable,a Phase III Remedial Action Plan to the Department.The deadline for such submittals expired on8/2/98.To date,the Department has not received the Phase 11 Report. In accordance with 310 CMR 40.0560(2)(c)you were also required within three years of the effective date of the Tier II Classification to submit a Phase IV Remedy Implementation Plan to the Department.The deadline for such submittal expired on8/2/99.To date,the Department has not received the Phase IV Plan. ACTIONS TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION: Submittal to the Department of a Phase 11 Report,and if applicable, Phase III Plan and Phase IV Plan as required by 310 CMR 40.0500, or if appropriate,the submittal of a Response Action Outcome,within 90 days of the date of this Notice. You may request, in writing,an extension of this deadline, however the Department is under no obligation to grant an extension. Please indicate in writing within 14 days of the date of this Notice whether or not you intend to undertake the required actions and any request, if needed,for extension of the deadline to complete the required actions. These deadlines constitute Interim Deadlines per 310 CMR 40.0167. For the Department of Environmental Protection: Date: AUG 2 3 1999 Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup 1E0 PAUL CELLUCCI rernor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Mr. Jon Hite Executive Director Northampton Housing Authority 49 Old South Street, Northampton, MA 01060 Dear Mc Hite: TRUDY COXE Secretary DAVID B. STRUHS Commissioner February 7, 2000 Re: Northampton Housing Authority Hampshire Heights Bridge Road Site#1-0866 Administrative Consent Order ACO-WE-00-3002 Please find enclosed your copy of the final executed Consent Order to resolve violations of M.G.L. c. 21 E,the Massachusetts Contingency Plan and the regulations promulgated thereunder at 310 CMR 40.0000,for the above-referenced case. 1 hank you for your cooperation in the prompt settlement of this matter. If you have any questions, please contact Michael Scherer at ext.2278. Ve7 truly yours, er � l R¢ €rt Bell Acting Deputy Regional Director Bureau of Waste Site Cleanup Enclosure cc: DEP-BWSC-WERO Enforcement File Maria Pinaud,C&E Coordinator,Boston Steve Ellis,WERO(2 copies) Northampton Board of Health Northampton Mayor's Office Certified Mail No. Z 456 364 656, Return receipt requested This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street • Springfield,Massachusetts 01103 • FAX(313)T841149 • TOD(413)7484820 • Telephone(413)7841100 0 Printed on Recycled Paper(20%Post Consumer) GEO PAUL CELLUCCI rernor VE SWIFT utenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFF DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE In the Matter of Northampton Housing Authority 49 Old South Street,Northampton,MA 01060 Violations of M.G.L.c. 21E,310 CMR 40.0000 Administrative Consent Order Site# 1-0866 Hampshire Heights, Bridge Road File#: ACO-WE-00-3002 BOB DURAND Secretary LAUREN A. LISS Commissioner The Parties 1- The Department of Environmental Protection (hereafter, the "Department")is a duly constituted agency of the Commonwealth of Massachusetts. Its principal office is located at One Winter Street,Boston,Massachusetts and it maintains an office at 436 Dwight Street, Springfield, Massachusetts. 2. The Northampton Housing Authority(hereafter,the"Authority") is an Independent Public Authority with its principal place of business located at 49 Old South Street,Northampton, MA 01060.Mr.Jon Hite is the Executive Director. II. The Department's Statement of Facts and Law/Chronology of Events 3. The Department is charged with administration and enforcement of Massachusetts General Law Chapter 21E-the"Massachusetts Oil and Hazardous Material Release Prevention and Response Act" and the regulations promulgated thereunder at 310 CMR 40.0000 -the Massachusetts Contingency Plan(MCP). The Department is authorized to assess civil administrative penalties by M.G.L. c. 21A, Section 16, and regulations promulgated thereunder at 310 CMR 5.00. 4.On August 2, 1996,the Department received a Tier 11 Classification submittal for the above referenced disposal site. The Tier II Classification became effective on August 2, 1996. The Massachusetts Contingency Plan (MCP)at 310 CMR 40.0560(2)and at 310 CMR 40.0810(2) requires any person undertaking response actions at a Tier 11 disposal site to subm it,to the Department,a Phase 11 Report,and, if applicable,a Phase 111 Plan,within two years of the 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•TDD(413)746-6620•Telephone(413)784-1100 0 Printed on Recycled Paper Northampton Housing Authority Administrative Consent Order Page 2 effective date of the Tier Classification,and a Phase IV Plan within three years of the effective date of the Tier Classification. The deadlines for these submittals expired on August 2, 1998 and August 3, 1999. As of this date,the Department has not received the Phase II Report,the Phase III Plan or the Phase IV Plan. Failure to meet deadlines for submittal of these reports and plans constitutes violations of 310 CMR 40.0560(2)and 310 CMR 40.0810(2). 5. The MCP at 310 CMR 40.0560(5) requires that persons undertaking response actions at Tier II sites submit timely notification to the Department of delay in meeting compliance deadlines. The Department was not notified of a delay in the submittal of the phased reports and plans. Failure to notify the Department of a delay in meeting these compliance deadlines is a violation of 310 CMR 40.0560(5). 6. On August 23,1999,you were issued a Notice of Noncompliance(NON)by the Department for failure to submit phased reports as required by the Massachusetts Contingency Plan(310 CMR 40.0000). The NON required that a Phase II Comprehensive Report,a Phase III Remedial Action Plan, if appropriate,and a Phase IV Remedy Implementation Plan,as required by 310 CMR 40.0500, or a Response Action Outcome, if applicable, be submitted to the Department by November 23, 1999. 7.On October 7, 1999, the Department received a letter indicating that a clean up contractor and a Licensed Site Professional had been hired by the Authority to complete the Phase 11 investigations. 8. On December 15, 1999, the Department issued a Notice of Enforcement Conference requesting that the Authority attend a meeting to discuss past noncompliance. 9. On December 21, 1999, the Authority's consultants attended an Enforcement Conference at the DEP. This Enforcement Conference was held to discuss the scheduling, type and completion of response actions at the site and to reach an agreement as to when the Authority will return to compliance. 10. As of the date of this Notice the Department has not received any of the required documents as outlined in the Notice of Noncompliance. The Department requires these documents to ensure the timely cleanup of oil and hazardous material sites within the Commonwealth. 11. By failing to comply with the requirements as identified above,the Northampton Housing Authority is in violation of 310 CMR 40.0000 III. Disposition and Order Based on the foregoing statements of facts and findings and pursuant to its authority under MGL c. 21E §9,the Department orders and Northampton Housing Authority consents to the following terms and conditions, and admits that the Department has jurisdiction to issue this Consent Order. 12. Persons Bound by this Consent Order: The provisions of this Consent Order shall, as provided herein, bind the Northampton Housing Authority and its successors and assigns. The Northampton Housing Authority shall not violate this Consent Order,and shall not allow or suffer its employees,agents,or contractors to violate this Consent Order. 13. Resolution: The Northampton Housing Authority neither admits nor denies any of the allegations set forth above. This Consent Order shall not constitute or be construed as an Northampton Housing Authority Administrative Consent Order Page 3 adjudication or finding on any issue of fact or law or an admission by any party in any proceeding other than an action enforcing this Consent Order. The Northampton Housing Authority denies that any of its actions were willful. The Department will not seek any additional civil administrative penalties for the violations set forth and addressed pursuant to this Consent Order, if the Northampton Housing Authority is in compliance with this Consent Order. However, in order to resolve the allegations in Section 11 above,the Northampton Housing Authority shall do the following: a) The Northampton Housing Authority shall submit a Phase 11 Report and Release Abatement Measure Plan, if remedial actions are needed,or a Response Action Outcome with appropriate supporting documentation by June 1, 2000. b) The Department assesses, and the Northampton Housing Authority shall pay to the Commonwealth a civil administrative penalty of seven thousand five hundred dollars ($7,500). The Department accepts such payment under the authority of M.G.L. c. 21A § 16. The payment of the seven thousand five hundred dollars ($7,500) is suspended until such time, if any, that the Department determines that violations of this Consent Order have occurred. This suspended penalty shall be due and payable to the Commonwealth of Massachusetts within thirty(30)days of a written demand by the Department,and shall be paid in accordance with the payment procedure set out in paragraph 13 (b)& (c). Such payment shall be made by certified check or money order payable to the Commonwealth of Massachusetts and be sent to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lock Box P.O.Box 3584 Boston,Massachusetts 02241-3584 c)The Department's file number,ACO-WE-00-3002, shall be printed on the face of the check.Failure to do so could delay the crediting of the Northampton Housing Authority's payment and its return to compliance. If a court judgment is required to make such payments legally enforceable,the Northampton Housing Authority agrees to assent to the entry of such judgment. A photocopy of the check or money order mailed to the above address shall at the same time be mailed to: Michael Scherer,Enforcement Contact Bureau of Waste Site Cleanup Department of Environmental Protection 436 Dwight Street Springfield,Massachusetts 01103 d)The Northampton Housing Authority shall comply with 310 CMR 40.0560, 310 CMR 40.0810 and this Consent Order in the future as applicable to all future.response actions for which Northampton Housing Authority is a"Potentially Responsible Party" as defined at 310 CMR 40.0006. Northampton Housing Authority Administrative Consent Order Page 4 14. Waiver of any Hearing concerning this Consent Order: The Northampton Housing Authority understands, and hereby waives, its rights to an adjudicatory hearing before the Department on,and judicial review by the courts of,this Consent Order. This waiver does not extend to any other order issued by the Department or any other claim,action, suit, cause of action or demand,which the Department or any other person may initiate with respect to subject matter of this Consent Order, except as provided in this Consent Order. 15. Additional Orders and Claims by the Department: The Department expressly reserves its right to issue any additional order(s)with respect to the Northampton Housing Authority and to bring any action,claims, suits or demands pursuant to MGL c. 21E. 16. Severability: If any term or provision of this Consent Order or the application thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Consent Order, or the application thereof, shall not be affected thereby,and each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law. 17. Site Access Authorization: Pursuant to 310 CMR 40.0166,the Northampton Housing Authority shall allow authorized representatives of the Department,at reasonable times,to enter upon the property subject to this consent order,to investigate, sample or inspect any documents.conditions, equipment, practice or operations at such properties. Northampton Housing Authority Administrative Consent Order Page 5 Ratification The effective date of this document shall be the last date set forth below. I certify that I am duly authorized to enter into this Consent Order on behalf of: Northampton Housing Authority Federal Employer Identification Number: 04-600-3578 By: J5n Hite Executive President Northampton Housing Authority 49 Old South Street Northampton, MA 01060 Department of Environmental Protection Alan Weinberg Acting Regional Director Western Regional Office 436 Dwight Street Springfield, MA 01103 Date: ^14, oZ J ?O 00 Date: U�//Zi r a Fuss&O'Neill Inc. consulting Engineers May 19,2000 Honorable Mary Clare Higgins Mayor,City of Northampton 210 Main Street Northampton,MA 01060 Re: Hampshire Heights Bridge Road,Northampton, MA RTN 1-0866 78 Interstate Drive,West Springfield,MA 01089 TEL 413 452-0445 FAX 413 846-0497 INTERNET'.www.FandO.com Other Offices: Manchester,Connecticut Fairfield,Connecticut East Providence,Rhode Island Dear Mayor Higgins: In accordance with the Public Involvement requirements outlined under 310 CMR 40.1403(3)(d) of the Massachusetts Contingency Plan(MCP),this letter will serve as notification of a Release Abatement Measure(RAM)to be performed at the subject site. The RAM is being implemented to excavate petroleum impacted soil located in the vicinity of two underground storage tanks formerly located at the Northampton Housing Authority's Hampshire Heights property. A RAM Plan will be filed with the Massachusetts Department of Environmental Protection(MA DEP) in Springfield on May 22, 2000. Activities associated with the RAM are expected to begin during the week of May 22,2000 and will be completed by the end of June 2000. If you have questions regarding this matter,please contact either of the undersigned at Fuss& O'Neill,Inc.,78 Interstate Drive, West Springfield,MA(413-452-0445). Sincerely, Jonathan K. Child Project Hydrogeologist c: Mr. John T. Joyce,Northampton Board of Health Chair Mr. Jon Hite,Northampton Housing Authority Mr. Michael Scherer;MA DEP Western Regional Office Timothy F. Keane, P.E. Senior Environmental Engineer F:\P96\96359\B I0UKC0519A.wpd