47 Letters 2000-2011 GEO PAUL CELLUCCI
vemor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
BOB DURAND
Secretary
NE SWIFT LAUREN A.LISS
utenant Governor Commissioner
September 14, 2000
Masonic Building Association
C/O Mr. Art Wright
94 Main Street
Hatfield, MA 01038
Re: Northampton
RTN: 1-13601
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40.0000
Dear Mr. Wright,
On August 28, 2000, at 12:00 PM, Captain Steve Corbett of the Northampton Fire Department
provided oral notification of a release of fuel oil on the property at 47 Center Street in
Northampton, Massachusetts. An underground storage tank was removed from the property and
soil contamination above reportable concentrations was measured in the tank grave. 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 reported release 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 the Masonic
Building Association) 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.
This information is available in alternate format by calling our ADA Coordinator at(617)5146872.
438 Dwight Street•Springfield.Massachusetts 01103•FAX(413)784-1149•TDD(413)746-6620•Telephone(413)784-1100
0 Printed on Recycled Paper
Masonic Building Association
1-13601
Notice of Responsibility
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 establish the time allowed for bringing litigation.
The Department encourages you to take any action necessary to protect any such claims you may
have against third parties.
You are reminded that, at the time of oral notification to DEP, you were advised by the
Department that the following response actions were approved as an Immediate Response Action
(IRA): Excavation and off-sit disposal of up to 50 cubic yards of contaminated soil.
Specific approval is required from the Department for the implementation of all IRAs with the
exception of 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. The Department has recorded Alan Weiss of Cold
Spring Environmental as LSP for this site.
If you have any questions relative to this notice, you should contact Joanne Flescher at the
letterhead address or at (413) 755-2114. All future communications regarding this release must
reference the Release Tracking Number (RTN) contained in the subject block of this letter.
David A. Slowick
Section Chief
Emergency Response
Masonic Building Association
1-13601
Notice of Responsibility
JMF/jmf/Ianl
13601.rnf
Enclosure: Release Notification Form; BWSC-103 and Instructions
Summary of Liability Under Chapter 21E
Certified Mail ft 7000 0600 0026 4624 9891; Return Receipt Requested
cc: Northampton:
Board of Health
Fire Department
Mayor
Alan Weiss, LSP
FORMAL NOTIFICATION OF RESPONSE ACTIONS SUMMARY
DATE: 01/08/01
CLIENT: Jerusalem Lodge
Site: 47 Center Street
Address : Northampton MA 01060
Dear Sirs/Madam DEP RTN# 1-13601
As part of the Public Involvement regulations pursuant to M.G.L.
c. 21e and 310 CMR 40 . 1400, this notice serves to notify your
community of the initiation and occurrence of the following
response actions/measures at the abovementioned site:
0/RA (Immediate Response Action) Implementation Plan, status,
Completion Report Purpose/Scope:
(Implementation Plan w/in 3 days)
❑RAM (Release Abatement Measure Plan)
Purpose/Scope: RAM Completion Report
(7 days prior to implementing) (duration:
❑Tier Classification of site: Tier 1A, 1B, 1C, Tier II
(Legal Notice Required within 7 days and 3 days after BOH & CMO)
❑Phase I, II, III, IV, V Report available
(Ph. III & IV require Env. Monit . Notice w/in 7 days of
filing)
❑Activity Use Limitation (AUL) (Legal notice & Bldg. /Zoning Not . )
Removal of AUL from Property
❑Response Action Outcome: Class A, B, C; 1, 2 , 3 REVISED filing
❑ Tier I Permit/Major Permit Mod. : (Legal Notice w/in 7 days)-
❑ LSP Opinion:
❑ other
Note : (Level A-C Work,private well and indoor air) =3 day prior
not. ) (all above require BOB or Chief. Munic. Off. unless noted) .
Sincerely,
Cold Spring Environmental Consultants, Inc. , Belchertown, MA.
* (413) 323-5957
Alan E. Weiss, Licensed Site Professional # 6442
V. President, Principal Hydrogeologist
ENVIRONMENTAL COMPLIANCE SERVICES, INC.
Via Certified Mail
Mayor Mary Clare Higgins
210 Main Street
Northampton,MA 01060
August 28, 2001
File No. 14319
Document No. 20963
RE: 47 Center Street
Northampton,MA
Release Tracking#1-13601
Dear Mayor Higgins:
On behalf of the Jerusalem Lodge Building Association, Environmental Compliance Services, Inc.
(ECS) submitted a Tier II Classification and a Phase I Completion Statement to the Massachusetts
Department of Environmental Protection(DEP) on August 28, 2001. A copy of the report can be obtained
by contacting the Department of Environmental Protection, Bureau of Waste Site Cleanup, 436 Dwight
Street, Springfield,Massachusetts,01103.
A copy of the legal notice to be published in the Springfield Union News is attached.
If you should have any questions concerning this submittal, please do not hesitate to contact our
office.
MCH/It
cc: Board of Health-Via Certified Mail
Massachusetts DEP-Via Certified Mail
1 Silver Street
tam,MA 01001
'3789-3530
413.789.2776
30 Harris Place
Brattleboro, VT 05301
802-257-1195
Fax 802-257-1603
Sincerely,
ENVIRONMENTAL COMPLIANCE SERVICES,INC.
Doriglas M.McVey
Senior Project Manager
18 Shepherd Street
Brighton,MA 02135
617.782.4417
Fax 677.254.5939
1209 Tech Blvd.,Suite 202
Tampa, FL 33619
813-612-5900
Fax 813-612-5910
74 Boston Post Read
Madison,CT 06443
203-245-3322
Fax 203-245-3494
NOTICE OF AN INITIAL SITE INVESTIGATION AND
TIER II CLASSIFICATION
Masonic Lodge
47 Center Street
Northampton, MA
Release Tracking No. 1-13601
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 Jerusalem Lodge Building Association who
has employed Kevin C. Sheehan 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: 1)
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 its remediation, please contact Kevin C. Sheehan, Environmental Compliance Services,
Inc., 588 Silver Street, Agawam, Massachusetts, 01001, (413) 789-3530.
:CS
Via Certified Mail
Mayor Mary Clare Higgins
210 Main Street
Northampton,Ma 01060
588 SILVER STREET
AGAWAM, MA 01 00 1
41 3-789-3530
FAX: 41 3-789-2776
WWW.ECSCONSULT.COM
July 1,2005
File No. 14319.05
Document No. 28427
RE: 47 Center Street
Northampton,MA
Release Tracking# 1-13601
Dear Mayor Higgins:
On behalf of 47 Center Street, LLC, Environmental Compliance Services, Inc. (ECS) submitted a Tier
Classification Transmittal Form to the Massachusetts Department of Environmental Protection(DEP)on
May 28, 2005. A copy of the report can be obtained by contacting the Department of Environmental
Protection,Bureau of Waste Site Cleanup,436 Dwight Street, Springfield,Massachusetts,01103.
If you should have any questions concerning this submittal,please do not hesitate to contact our office.
AL MPLTANCE SERVICES,INC.
on Cn mo
Project Manager
LG/jrb
cc: Board of Health-Via Certified Mail
Massachusetts DEP-Via Certified Mail
IADDAM, CT
LUMBUS, OH
TAMPA. FL
MARION, NY
AGAWAM, MA AUBURN. MA WAKEFIELD, MA
RICHMOND, VT Bow. NH
BRATTLEBORO, VT
■MNEY
{E.ALEY
tit 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
November 2,2006
CERTIFIED MAIL N 7006 0100 0000 5168 1823
47 Center Street,LLC
Mr. Eric Suher,President
47 Jackson Street
Holyoke,MA 01040-5512
ROBERT W.GOLLEDGE.Jr.
Secretary
ARLEEN O'DONNELL
Commissioner
RE: NOTICE OF NONCOMPLIANCE
Northampton
47 Center Street
RTN: 1-13601
NON-WE-06-3096
Failure to Comply with Massachusetts
Contingency Plan Deadlines
Dear Mr.Eric Suher,
The Department of Environmental Protection(the Department)has determined that 47 Center
Street, LLC(hereafter referred to as"you")is not in compliance with one or more requirements
enforced by the Department. The Department's records indicate that you are a Potentially
Responsible Party(PRP)for one or more releases of oil and/or hazardous materials at the
disposal site(the site)named above. As of the date of this Notice,you are not in compliance
with regulatory deadlines for investigating and cleaning up the disposal site. Specifically:
• You failed to submit a Tier II Classification Extension Submittal or,if appropriate,a
Response Action Outcome(RAO)Statement in accordance with the Massachusetts
Contingency Plan,(MCP),310 CMR 40.0000 by 08/28/06.
• You failed to submit an Immediate Response Action(IRA)Status Report and/or
Completion Statement in accordance with 310 CMR 40.0000 by 08/03/06.
This Information h mailable m Nvrtle ro.mat Call Wmw M.Comes ADA Coordinator at 617456-111137.roc Service-1400.29P2307.
Ma$SDEPm the World Wide wes http7Mrw.slate mans/dap
*Printed on Recycled Paper
ION-W E-06-3096,RTN:1-13601
'age 2
f the required actions are not completed by the deadlines specified below,an administrative penalty
nay be assessed for every day after the date of this Notice that the noncompliance occurs or
:ontinues. Such a penalty may be assessed in an amount of up to$1,000.00 per violation per day.
Vttached is a Notice of Noncompliance that describes(1)the requirement violated,(2)the date
and place that the Department asserts the requirement was violated,(3)either the specific actions
which must be taken in order to return to compliance or direction to submit a written proposal
lescribing how and when you plan to return to compliance and(4)the deadline for taking such
actions or submitting such a proposal. These requirements are governed by Massachusetts
General Laws Chapter 21E,and the regulations adopted thereunder(310 CMR 40.0000—the
Massachusetts Contingency Plan or"MCP"). Please consult the MCP for the complete
explanation of these requirements. The MCP may be viewed on the Department's web page at
http://www.mass.eov/dep/bwsc/regs.htm. Copies may be purchased through 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
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 or any of the requirements contained in it,please
contact Michael Scherer at 413-755-2278 or Baffour Kyei at 413-755-2158.
In responding to this Notice of Noncompliance,please reference the Release Tracking Number,
RTN 1-13601,and the Enforcement Tracking Number,NON-WE-06-3096 to ensure proper
tracking of your response.
Sincerely,
trwdemant a td.peak 6MekaaaloRt!the
kµ.,xakrl aultroseaR IRedapedGI:d..w
u stiteovaeaw.tie Wiest
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
Certified Mail#:7006 0100 0000 5168 1823,Return Receipt Requested
Enc. Notice of Noncompliance
cc/ecc: Northampton Mayor's Office(ec)
Northampton Health Department(ec)
Virginia Irvine,LSP-of-Record(ec)
Denise Andler,DEP-WERO(ec)
NOTICE OF NONCOMPLIANCE
NON-WE-06-3096
RTN 1-13601
THIS IS AN IMPORTANT LEGAL NOTICE.
FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
NAME OF ENTITY IN NONCOMPLIANCE:
47 Center Street,LLC,47 Jackson Street,Holyoke,MA 01040-5512
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
47 Center Street,Northampton
DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
08/28/06—due date for submittal of a Tier II Classification Extension Submittal,or,if
appropriate,a Response Action Outcome(RAO) Statement.
08/03/06—due date for submittal of Immediate Response Action(IRA)Status Report,and/or if
appropriate, IRA Completion Statement.
DESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH:
Violation of 310 CMR 40.0560(7)—failure to submit a Tier H Extension Request at least 45
days before the date of expiration of the Tier II Classification.
Violation of 310 CMR 40.0425(2)—failure to submit IRA Status Report or Completion
Statement within six months of previous IRA Status Report.
On 08/28/00,the Department was notified of a#2 fuel oil release observed during the removal of
an underground storage tank. A Notice of Responsibility was issued to the Masonic Building
Association on 09/14/00, and the site was assigned a Release Tracking Number(RTN): 1-13601.
On 08/28/01,a Tier II Classification became effective for the site,but it was transferred to 47 Center
Street with an effective date of 08/15/05. A Notice of Responsibility was issued to 47 Center Street,
LLC on 06/03/05. IRA Plans,Modified Plans and Status Reports have been submitted,the last of
which was received on 02/03/06,indicating that further response actions are required. The Phase Il
Comprehensive Site Assessment and Phase III Remedial Action Plan Reports were submitted on
09/30/05.
The Tier Il Classification expired on 08/28/06. A Tier II Extension Submittal should have been
provided to the Department at least 45 days before the date of expiration of the Tier
Classification. The IRA Status Report and/or Completion Statement should have been submitted
within six months of the preceding report. To date,the Department has not received the
required Tier II Extension Request,and the IRA Status Report and/or Completion Statement. In
ION-WE-06-3096,RTN:1-13601
'age 2
Edition,the Phase IV Remedy Implementation Plan(RIP)was due
11assification,or on 08/28/04.
\CTION(S)TO BE TAKEN AND THE DEADLINE(S)FOR TAKING SUCH
1CTION(S):
hin three years of Tier
Submit to the Department:
A Tier II Extension Request in accordance with 310 CMR 40.0560 prepared by a
Licensed Site Professional(LSP),or a Response Action Outcome(RAO)Statement
prepared by an LSP in accordance with 310 CMR 40.1000;and an IRA Status Report or
Completion Statement in accordance with 310 CMR 40.0410 prepared by an LSP,or a
Response Action Outcome(RAO)Statement prepared by an LSP in accordance with 310
CMR 40.1000 by December 1,2006.
In addition,pursuant to 310 CMR 40.0167,the Department is establishing December 20,2006
as an Interim Deadline for the submittal of Phase IV RIP,in accordance with 310 CMR 40.0870.
If the required actions are not completed by the deadlines specified,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 civil penalties,or administrative action,
including administrative penalties imposed by the Department.
For the Department of Environmental Protection:
rwwd Su!fli gpeuS.r«&rummy mthe
Dermot n{w.ptMs 66960
Wa theatltkeSW.the 4ai6al.
Date:
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
ROMNEY
nor
Y HEALEY
.nant 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
URGENT LEGAL MATTER
47 Center Street, LLC
Mr. Eric Suher, President
47 Jackson Street
Holyoke,MA 01040-5512
Dear Mr. Eric Suher:
December 28, 2006
Re: Northampton
RTN 1-13601
47 Center Street
Interim Deadline
TIER H EXTENSION APPROVAL
ESTABLISHMENT OF INTERIM DEADLINE
ROBERT W.GOLLEDGE.Jr.
Secretary
ARLEEN O'DONNELL
Commissioner
On August 28,2000,the Department was notified of a#2 fuel oil release observed during the
removal of an underground storage tank. A Notice of Responsibility was issued to Masonic
Building Association on September 14,2000, and the site was assigned Release Tracking
Number(RTN): 1-13601. On August 28, 2001, a Tier II Classification Submittal became
effective for the site and it was transferred to you ("you"refers to 47 Center Street, LLC)with an
effective date of August 15,2005. The Phase II Comprehensive Site Assessment and Phase III
Remedial Action Plan Reports were submitted on September 30, 2005. On December 1, 2006, a
Tier II Extension Request was submitted on your behalf by Mr. Paul G. Beaulieu, LSP.
Pursuant to 310 CMR 40.0560(2)(d), 310 CMR 40.0560(7) and 310 CMR 40.0893(4), either a
Response Action Outcome(RAO), a Tier II Extension Submittal, or a Remedy Operation Status
(ROS) shall be submitted within five years of the effective date of the original Tier II
Classification.
This Information is available in alternate format.Call Donald M.Gomea.ADA Coordinator at 617-556-1057.TDD Service-1-800.298-2207.
MassDEP on the World Wide Web: http//w,wi.state ma.usidep
0 Printed on Recycled Paper
Northampton, 1-13601 Tier II Extension Approval
The Tier II Extension is approved and will expire on August 28,2007. In accordance with 310
CMR 40.0560(7), if a Response Action Outcome Statement or Remedy Operation Status is not
submitted to the Department prior to the expiration of the Tier II Classification you are required
to submit a Tier II Extension Submittal at least 45 days before the date of expiration of the Tier
II Classification.
The Department also establishes an Interim Deadline of March 31, 2007, for submittal of a
Phase IV Remedy Implementation Plan.
If this Deadline is not met the Department may initiate enforcement actions for failure to comply
with Regulatory Deadlines.
Clearly of overriding importance in this matter is continued progress in the clean up at this site.
The Department recognizes that sometimes delays in response actions can be unavoidable. The
Department appreciates and thanks you for your continued efforts in the clean up at this site.
If you have any questions,please contact Michael Scherer at 413 755-2278 or Baffour Kyei at 413
755-2158.
Sincerely,
1W fad damn'copy hbete plaided t.yov ddnmkaI by the
Depnsed et"'Ahmed.]?radial.A dyed tor of ns banest
hoe f a d Ile OFF office blase the adartrffi
Richard M. Green
Section Chief
Site Management/Permits
Bureau of Waste Site Cleanup
1-13601.t2exid.BK
cc: Site files,BWSC,WERO
ecopy: Northampton Mayor's Office
Northampton Health Department
Mr. Paul G. Beaulieu, LSP
Denis Andler,DEP BWSC
SWOODARD&CURRAN
Engineering' Science'Operations
February 14,2007
CORPORATE OFFICES:Maine,Massachusetts,
New Hampshire,Connecticut,New York,and Florida
Operational offices throughout the U.S.
Board of Health
Northampton City Hall
210 Main Street
Northampton,MA 01060
Subject: Notification of Availability of an Addendum Phase IV Remedy Implementation Plan
Former Northampton Gas Works
Crafts Avenue,Northampton,MA
MassDEP Release Tracking Number: 1-14222
Dear Sir or Ma'am:
This letter is sent to you to fulfill the public notification requirements established by the Massachusetts
Contingency Plan (MCP -310 CMR 40.0000). In accordance with the public notification requirements
described in 310 CMR 40.1403 (3)(e), we are notifying you that an Addendum Phase IV Remedy
Implementation Plan (RIP)has been prepared for the subject site and a copy of the report is available for
your review at the Office of Planning and Development.
If you have any questions regarding this notification, or would like to review a copy of the Addendum
Phase IV RIP, please contact Mr. Robert McGrath at Woodard & Curran, 980 Washington Street. Suite
325N,Dedham,MA 02026 or by telephone at (800)446-5518.
Sincerely,
WOODARD & CURRAN
W M
R. Duff Collins
Licensed Site Professional
cc: MassDEP Western Regional Office
980 Washington Street - Dedham,Massachusetts 02026• (781)251-0200• (000)446-5518 • (781)251-0847(Fax)
www woodardcurran corn
PATRICK
YP MURRAY
at Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY&ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Sprmgfield,Massachusetts 01103• (413)784-1100
IAN A.BOWLES
Secretary
ARLEEN ODONNELL,
Commissioner
'2ERTIFIED MAIL#7005 3110 0001 3150 9602 May 17,2007
47 Center Street,LLC
Mr.Eric Suher,President
47 Jackson Street
Holyoke,MA 01040-5512
RE: NOTICE OF NONCOMPLIANCE
Northampton
47 Center Street
RTN: 1-13601
NON-WE-07-3053
Failure to Comply with Massachusetts
Contingency Plan Deadlines
Dear Mr. Eric Suher,
The Department of Environmental Protection(the Department)has determined that 47 Center
Street,LLC(hereafter referred to as"you")is not in compliance with one or more requirements
enforced by the Department. The Department's records indicate that you are a Potentially
Responsible Party(PRP)for one or more releases of oil and/or hazardous materials at the
disposal site(the site)named above. As of the date of this Notice,you are not in compliance
with regulatory deadlines for investigating and cleaning up the disposal site. Specifically:
• You failed to submit a Phase IV Remedy Implementation Plan or,if applicable,a
Response Action Outcome by 03/31/07 in accordance with an Interim Deadline
established in a Department letter dated 12/28/06.
• You failed to submit an Immediate Response Action(IRA)Status Report and/or
Completion Report by 08/03/06 in accordance with the Massachusetts Contingency Plan
(MCP),310 CMR 40.0000
This,mmrimunn Is as affable in.uernne Forma C.n Donald M.Gomm ADA Coordinator a 617356-1057.TOD
DEP M the w,aal Wide Web: hip:ihnnwp mass.povldep
n Printed on Recycled Paper
40ouswm
ON-WE-07-3053,KEN:1-13601
age 2
f the required actions are not completed by the deadlines specified below,an administrative penalty
nay be assessed for every day after the date of this Notice that the noncompliance occurs or
ontinues. Such a penalty may be assessed in an amount of up to$1,000.00 per violation per day.
attached is a Notice of Noncompliance that describes(I)the requirement violated,(2)the date
find place that the Department asserts the requirement was violated,(3)either the specific actions
vhich must be taken in order to return to compliance or direction to submit a written proposal
lescribing how and when you plan to return to compliance and(4)the deadline for taking such
fictions or submitting such a proposal. These requirements are governed by Massachusetts
ieneral Laws Chapter 21 E,and the regulations adopted thereunder(310 CMR 40.0000—the
Massachusetts Contingency Plan or"MCP"). Please consult the MCP for the complete
explanati on of these requirements. The MCP may be viewed on the Department's web page at
r[tp://www.mass.gov/dedbwsc/regs.htm. Copies maybe purchased through the State Book
;tore 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
crosecution,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 or any of the requirements contained in i(,please Deleted:n
contact Michael Scherer at 413-755-2278 or Baffour Kyei at 413-755-2158.
In responding to this Notice of Noncompliance,please reference the Release Tracking Number,
RTN 1-13601,and the Enforcement Tracking Number,NON-WE-07-3053 to ensure proper
tracking of your response.
Sincerely,
Ibis Avg Ax SatMSS nM Sege",ym
Negligee si 6nNu anaMedia A
*dm sigh NncM
ism Mt silk arl egg grad w it hues.
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
Certified Mail#: 7005 3110 0001 3150 9602,Return Receipt Requested
Enc. Notice of Noncompliance
cc/ecc: Northampton Mayor's Office(ec)
Northampton Health Department(ec)
Marc I.Richards,LSP-of-Record(ec)
Denise Andler,DEP-WERO(ec)
NOTICE OF NONCOMPLIANCE
NON-WE-07-3053
RTN 1-13601
THIS IS AN IMPORTANT LEGAL NOTICE.
FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
VAME OF ENTITY IN NONCOMPLIANCE:
17 Center Street,LLC,47 Jackson Street,Holyoke,MA 01040-5512
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
17 Center Street,Northampton
DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
)3/31/07—due date for submittal of a Phase IV Remedy Implementation Plan(RIP),or,if
appropriate,a Response Action Outcome(RAO)Statement,as established in an
Interim Deadline letter dated 12/28/06.
D8/03/06—due date for submittal of an Immediate Response Action(IRA)Status Report and/or
Completion Report.
DESCRIPTION OF REQUIREMENT(S)NOT COMPLIED WITH:
Violation of 310 CMR 40.0167—failure to comply with an Interim Deadline.
Violation of 310 CMR 40.0425(2)—failure to submit an IRA Status Report and or Completion
Statement
On 08/28/00,the Department was notified of a#2 fuel oil release observed during the removal of
an underground storage tank. A Notice of Responsibility was issued to the Masonic Building
Association on 09/14/00, and the site was assigned a Release Tracking Number(RTN): 1-13601.
On 0828/01,a Tier II Classification became effective for the site,but it was transferred to 47 Center
Street with an effective date of 08/15/05. A Notice of Responsibility was issued to 47 Center Street,
LLC on 06/03/05. IRA Plans, Modified Plans and Status Reports have been submitted,the last of
which was received on 02/03/06,indicating that further response actions are required. The Phase II
Comprehensive Site Assessment and Phase III Remedial Action Plan Reports were submitted on
09/30/05.
The Department received a letter on 12/6/06 requesting an extension of time for the submittal of
the Phase IV RIP from the Interim Deadline of 12/30/06,established in a Notice of
Noncompliance dated 11/02/06,to 03/31/07. A Department letter dated 12/28/06 approved a
Tier Extension Request and established the 03/31/07 date as an Interim Deadline. Another letter
received on 04/17/07,requested an additional extension of time for the submittal of the Phase IV
RIP to 07/15/07.
ON-WE-07-3053,RTN:1-13601
age 2
1CTION(S)TO BE TAKEN AND THE DEADLINE(S)FOR TAKING SUCH
1CTION(S):
ubmit to the Department:
A Phase IV RIP in accordance with 310 CMR 40.0870 prepared by a Licensed Site
Professional(LSP),and an IRA Status Report and/or Completion Statement prepared by
an LSP in accordance with the MCP(310 CMR 40.0400);or a Response Action Outcome
(RAO)Statement prepared by a LSP in accordance with 310 CMR 40.1000 by July 16,
2007.
f the required actions are not completed by the deadlines specified,an administrative penalty may
)e assessed for every day after the date of this Notice that the noncompliance occurs or continues.
['he Department reserves its rights to exercise the full extent of its legal authority in order to
)btain full compliance with all applicable requirements,including,but not limited to,criminal
)rosecution, civil action including court-imposed civil penalties,or administrative action,
ncluding administrative penalties imposed by the Department.
For the Department of Environmental Protection:
Date:
This rd&anal copy U Wog pint ter.d[Im4,P'by 1k
Deparbritt al faNnaatets1 MOO.A*dopy dila beamed
inik al the DIP eat tld n the Witched.
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
ler McBride
Ben Wood
Friday, April 29, 2011 2:23 PM
Heather McBride
FW: Tier II Extension Approval 47 Center Street
iments: T2 Ext Apry-WE-1-13601 -Northampton.pdf
file with a new folder if there is not anything at this address.Thanks. Ben
Fournier, Kathleen (DEP)[mailto:kathleen.fournier@state.ma.usl
Friday, April 29, 2011 11:36 AM
m Wood; Mayor of Northampton
irichards(&tiohebond.com; Andler, Denise (DEP)
ct: Tier II Extension Approval 47 Center Street
3mpton Chief Municipal Officer and Northampton Health Department:
arc Richards, LSP:
.ffort to reduce postage and paper costs, DEP WERO employees have been asked to provide "carbon copies" by e-
ihenever possible. Consequently, I am sending you the attached letter electronically. In accordance with DEP
'guidance regarding electronic cc's,the document is protected to prevent editing. However,you should be able to
ind print the letter.You will not receive a hard copy of this document by mail. Please retain a copy of the attached
th any records you may have regarding this matter.
have any questions, please contact me at the number listed below, or reply by e-mail.
aen A. Fournier, MPH
fiance&Enforcement
RA of Waste Site Cleanup
achusetts Department of Environmental Protection
(413) 755-2267 Fax (413) 784-1149
:en.Fournier(onstate.ma.0 s
-L PATRICK
nor
H Y P.KLED Y
o ar%Governor
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street,Springfield MA 01103•413-784-1100
RiC,SL K EIJWVAN J0.
Secretary
URGENT LEGAL MATTER
47 Center Street,LLC
Mr.Eric Sutter,President
47 Jackson Street
Holyoke,MA 01040-5512
KENN:Tti L.KIMMELL
Cceaclssioner
April 27, 2011
Re: Northampton
RTN 1-13601
47 Center Street
Former Masonic Lodge
TIER II EXTENSION APPROVAL
Dear Mr. Eric Suher:
On August 28, 2000,the Department was notified of a#2 fuel oil release observed during
the removal of an underground storage tank A Notice of Responsibility was issued to the
Masonic Building Association on September 14, 2000,and the site was assigned Release
Tracking Number(RTN) 1-13601. On August 28,2001, a Tier II Classification became
effective for this site, and was transferred to 47 Center Street, LLC on June 30,2005,with an
effective date of August 15, 2005. A Notice of Responsibility had been issued to 47 Center
Street,LLC on June 3,2005.
A Phase II Comprehensive Site Assessment Report and a Phase III Remedial Action Plan
were submitted on September 30,2005,and on July 12, 2007, a Phase IV Remedy
Implementation Plan was submitted. Phase IV Status Reports were submitted in January and
May 2008,March 2009, and on March 16,2011.
Immediate Response Action(IRA)Plans and Status Reports have been submitted,the most
recent IRA Status report was submitted March 16, 2011. Immediate Response Actions are
being performed to address the presence of light non-aqueous phase liquid(LNAPL)in
several groundwater monitoring wells.
h is Information Is available in alternate format Cab Michele l a kanemO1y Dirctor,at 617-292.5751.TDC 1866599-7622 or 1-617-574-4868
tDEP , w m r r
Northampton, RTN 1-13601
Tier H Extension Approval
On March 16, 2011, a Tier II Extension request was submitted to the Department on your
behalf by Mr. Marc Richards, LSP. The Tier II Extension is approved and will expire on
August 28,2012. In accordance with 310 CMR 40.0560(7), if a Response Action Outcome
Statement or Remedy Operation Status is not submitted to the Department prior to the
expiration of the Tier II Classification you are required to submit a Tier II Extension
Submittal at least 45 days before the date of expiration of the Tier H Classification.
Clearly of overriding importance in this matter is continued progress in the clean up at the
site. The Department appreciates and thanks you for your continued efforts in the clean up
at this site.
If you have any questions, please contact Michael Scherer at 413 755-2278 or Kathleen
Fournier at 413 755-2267.
Sipe rely,
Richard een
Section Chief
Site Management/Permits
Bureau of Waste Site Cleanup
1-13601.t2ex.KF
cc: Site files,B W SC, WERO
ec: Northampton Chief Municipal Officer
Northampton Health Department
Mr.Marc Richards,LSP
Denise Andler,DEP-WERO