1994-2008_el
mist HIGHWAY
William F. Weld Argeo Gaul Cellucci James J. Kerasiotes Laurinda L Bedinglield
Governor Lieutenant Governor Secretary Commissioner
C-7609
January 25, 1994
SUBJECT: C - Northampton
Locust, North Elm, and Prospect Streets
Contract #94071
File #2NRTLNF (NHS)
F.A. #NH-012 (014)
Ludlow Construction Company, Inc.
45 Cardinal Circle
Ludlow, MA 01056
ATTN: Mr. Joseph S. Pio
President
Dear Sir:
Reference is made to your correspondence dated December 27, 1993,
regarding extra compensation for soil contaminated with
tetrachloroethylene found on the subject project.
In the Contract General Special Provisions and the Special
Provision for Item 149 . 41, Health and Safety Plan, the Contractor
is advised of potential soil contamination at two particular sites
within the project limits. While only hydrocarbons were reportedly
found at one location, volatile organic compounds (VOCs) are listed
as possible contaminants.
Also, your proposed Health and Safety Plan, submitted September 21,
1993 and approved November 3 , 1993 , identifies tetrachloroethylene
as a material of concern.
Therefore, since VOCs in general and tetrachloroethylene in
particular were specified in the Contract Special Provisions and in
your Health and Safety Plan, respectively, the actual presence of
tetrachloroethylene does not constitute a changed condition.
Massachusetts Highway Department•District 2•North King Street, Northampton, MA 01060 •(413) 584-1611
Regarding the disposal of the contaminated soil, you will deliver
the material to the Northampton Sanitary Landfill on Glendale Road
in Northampton where it will be rehandled and spread at no expense
to the Department. Please coordinate material delivery to the
landfill with the Resident Engineer, Judith Hoey, at (413)
582-7030. Materials may be transported in an open vehicle provided
they are covered with a tarp.
Very truly yours,
c \ i/
DMF/bs
C - PJS
JAR
Northampton Board of Health ✓
dmf-4003
SUPERNEAU
Highway Director
: 4NRL1N aNLV
Franklin
Environmental
Services Inc.
December 16, 1993
G.E.S.
7 Third st.
bondsville, NJ.
ATTENTION: Karen Hanson
357 West Moin Street
P.O.Box S83
Meriden.Cl 06450
TEL: 203-630-2472
FAIL: 2w-630.2530
licensed and Permitted In the
United Slates and Canada
FEU. EPA IU'MAUD:Mal 413e
QUOTATION
ENVIRONMENTAL SERVICE PING!ESSIONALS
Quote #C1907
Transportation and disposal of solvent contaminated soil from
-
Northampton, MA to General chemical of Framingham, MA utilizing a
box van with secondary containment.
TRANSPORTATION AND DISPOSAL:
Option I 55 gallon drums
Option II 1 cubic yard containers
N:BCELLANEOOB:
Loading, after 1 free hour
1 cubic yard containers (delivered)
5 395.00 each
$1,150.00 each
$ 75. 00/hr.
$ 55.00 each
COMMENTS:
Pricing and acceptance Contingent upon sample evaluation and/or
analysis supplied.
Franklin Evironmental manifest(s)n and landfill ban Services,form(s)Inc.
required for Supply lbels,
No free liquids allowed in cubic yard containers.
(7PNe t CA-s ` r_cJi
ALPHA ANALYTICAL LASORATORISS
Sight Ma1AUp Drive
weetborough, pe'achusetta .01581-1019
`
MA 086 0415 198958.1 CT P1-0574 NY 11148 NC 320 SC 8800
CSATIPICATS OP ANALYSIS
165
Client: Orounda'ater L ffiviroDmentai Servite9 Laboratory
ex: L9309413.
Address: 7 O Street
invoice Numb 360
P.O. Box 1379
8ondsville, 01009 Date Received 2 -NOV-93
Attn.' Stephanie Patton
Date Eaperted. 0 -DEC-92
Project Numbers 0031-0001
Delivery Math d: Alpha
Site: Ludlow Comstuction/Locust St.
ALPHA SA9t7LD NVIGSR
L9309413.01
=Ix= ZDSIITZPICATION
S-1
LOCATION
sort h�7at@ ton, MA
AuthcriIO6 by:
12099302:41- Page t
Scott )ScLeaa • Laboratory Director
2 86441 {4:20066021
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12-13-1993 09's1Fn
rMLII nIpre ., e•e• AA•
ALPHA ANALYTICAL LASCRSTORIZS
C3'ATIPICAT2 Op ANALYSIS
iboratory Sample Number: L9309413.01
Vt.Al6TEA
AESOLT ONITS 9D1.1
NATB0D DATES
PIMP ANALYSIS
.
4at0.l'Qrgas32s;iVaT
ethylene chloride ND
,1-Dichloroethane ND
hloroform ND
Arbon tetrachloride ND
,2-Dichloropropaae ND
ibr,:aothlcromethsne • ND
.,1,2-Trichloroethame ND
I-Chloroethylvinyl ether ND 2600
•etrachloroethene
:h1orobeneeme ND
[richtoroflucrocethane YD
L,2-Diehloreethene 27.
L,1,1-Triehleroechene 27
eromodichloromethame
trans-1,3-Dichloropropeae ND
cis-1,3-Diehloropropene ND
Bromo£orm ND
1,1,3,3-Tetrachloroethane ND ND
aenzeae- D
Toluene ND
athylber+zene ND
Chlcromethane ND
Brcmcmethane ND
Vinyl chloride ND
C191oroethaae ND
1,1-Dichlorfetheme ND
trans-1,2-Dieh10roetheae DID
Trichloroethene ND
1,3-Dichlorobea2ene ND
1,3-Diehlerobensene
1,4-Dinhlorobenzeae ND ND
Meehyl test butyl ether ND
0Lyleaee ND
cis-1,3-Diohloroetheae ND
Dibrwamethene ND
1,4-Dich1orobusane ND
todometham4 ND
1,3,3-Trichloropropene ND
Styrene ND
Diohlerodifluaromethane ND
Acetone ND
Carbon disulfide ND
2-autanone ND
Vinyl acetate ND
4-Methy1-3-pentanoae ND
2-Bexanone ND
8thyl methacrylate ND
Aoroleia
ug/kg 25.
ug/kg 7.5
ug/kg 7.5
ug/kg 5.0
ug/kg 18.
ug/kg 5.0
ug%9 '.5
ug/kg 50.
ug/kg 7.5
ug/kg 18.
ug/kg 25.
ug/kg 7.5
ug/kg 5.0
ug/kg 5.0
ug/kg 7.5
ug/kg 5.0
ug/kg 5.0
ug/kg 5.0
ug/kg
ug/kg 7.5
ug/kg 5.0
ug/kg 50.
ug/kg 10.
ug/kg 18.
ug/kg 10.
ug/kg 7.5
ug/kg 7.5
ug/kg 5.0
ug/kg 50.
ug/kg 30.
ug/kg . 50.
ug/kg 50.
ug/kg 5,0
ug/kg 5 .0
ug/kg 50.
ug/kg 50.
ug/kg 50.
ug/kg 50.
ug/kg 5.0
ug/kg S0.
ug/kg 50.
ug/k5 50.
ug/kg 23.
ug/kg 50.
ug/kg 50.
ug/kg 50.
ug/kg 50.
ug/kg 130
11 .�A5'Dxz #r, x.s :. 06.41,6C
Comments: • Complete list of References found in Addendum I
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ALPE1 3ILAST9LCAL LLPORATORZE5
OCALLTT ASSVRANCS ASALISES
'oratory Zob =Moors L9309413
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raecici ^CLP 95 1
1:ium, 7c1.2 si
admium, TCLP . 99
hrcmium, TC1.2 100 I
mad; TC22 91
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J\A [3 Environmental ServkesT law.
CHAIN OF CUSTODY ANnLVSIS iePqDts ,'.D
'AOfEI'eNAMH Lam{ C.-3 �fn U 1 `L�
l'A011il:e Nq..,�7' 1- QOC •{
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SAMPLE a ri.'e AU. E�M® 1 SAMPLING LOCATION W w S KIMAYRS ■
SAMXLA p'IWfla7ADDRFSSI
ID Ns DATE W JSI 5j V'= II II .I
Mill 11.
San MIMS SI lS111�1111115 •
Sag SI
MI IIMIISIIIIII111111111L.al1111 IIIIISSIIIIIIIIIIIIMIII- D DEDID USan / �sIILAf �
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ALPEA ANALYTICAL LASORATCRITS
CnATINICaTS OP ANALYSIS
aboratory Sample Number: LS309412.01
RESULT
qW0 gsYi{W:01'�:i W n f i'A4 ...
mrylocitrile ND
CARCGATB RECOVERY
.,2•Dichloroethare•d4 101.
•oluene-de 100.
-Bromailucrob9c29ma 95.0 •
trochlor 1221 DC
irochlor 1232 MD
\rochlor 1242/PCR 1016 Nn
1ro441or 1246 ND
mrochlor 1254 ND
.roehlor 1250
irechlor 1263 RD
frochler 1268 ND
SURROGATE RECOVERY
2,4,5,6•Tatrachloro-m-xylem `810
Decachlorebipheayl
UEITS
RDL
DATES
PREP ANALYSIS
4
ug/kg
ug/kg
u9/N6
ug/Rg
ug/kg
ug/kg
ug/kg
ug/kg
TL' ::,29fN*44•LEC
250
250
250
250
250
250
150
250
Comments: • Template list et Retereeees found in Addendum I
72099502:41 Poe 4
DANIEL S. GREENBAUM
Comm manor
JOHN J. HIGGINS
Rpbn.OIv.tlo,
v"u«%ie Oda ensstanweereed dlas,.
2ya.r e c eruscsLevsaceetecze 9, lion
4421a4v4A.uel, �jt .mp h vgads. ,a/Ml
//4 //c
December 1 , 1993
Mr. Leonard M. Corliss, Sr.
21 Locust Street
Northampton, MA 01060
RE: Northampton
15-21 Locust Street
Release Tracking #1-10074
Transition Site #1-00923
RELEASE NOTIFICATION
NOTICE OF RESPONSIBILITY
MGL Ch. 21E
310 CMR 40.0000
Dear Mr. Corliss:
On November 18, 1993 at 9:30 AM, the Department of Environmental Protection (the
"Department") was notified of a Release/Threat of Release by Mr. Tim Maginnis of
the Massachusetts Highway Department on behalf of yourself as required by the
Massachusetts Contingency Plan (310 CMR 40.0000) . In addition to oral
notification, 310 CMR 40.0333 further requires that a completed Release
Notification Form be submitted within 60 days of the oral report.
Attached is the Release Notification Form the Department has developed to allow
you to comply with the requirement for written notification. You have 60
calendar days from November 18, 1991 to return the completed form to this office.
The Department has reason to believe that you (as used in this letter "you"
refers to Mr. Leonard M. Corliss, Sr.) may be a responsible party with liability
under Section SA of MGL Ch. 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 deemed to be liable
for all response costs incurred at a disposal site even if there are other liable
parties.
On November 18, 1993, the Department determined that a condition existed at that
time that posed an Imminent Hazard in accordance with 310 CMR 40.0321(1) (d) ,
specifically with regard to the potential exposure of construction workers in the
trench in which suspect tetrachioroechene vapors were prerent. Properly trained
and protected workers completed the sewer connection work, and the area of
contamination was partially excavated and backfilled. The utility related
excavation and soil disposal work is being handled by the Mass. Highway
Department as a separate, discrete project.
An Immediate Response Action (IRA) is required to be conducted for this release
in accordance with 310 CMR 40.0411. An IRA consisting of "assessment only"
activities is adequate for this release. Although Departmental approval is not
'- �".`1L1N 12- 3-93
C
required prior to the performance of an "assessment only" IRA, two specific
issues of concern should be addressed as part of the IRA:
1) Additional work by the Massachusetts Highway Department (MHD) is scheduled
to take place over the next year on Locust Street in front of your
facility. The IRA should identify areas to be excavated during the MHD
projects, and an assessment made as to whether these areas have
contamination present as a result of oil or hazardous materials migrating
from your site. The presence of contamination which would effect the
performance of the upcoming MHD, City of Northampton DPW, or other private
utilities' projects shall be made known to the Department and these
effected parties .
2) Information gained during the performance of the IRA should be included in
any consultant's or Licensed Site Professional's opinions regarding the
status of the site as a "Transition Site" . As the leaking sewer
connection joint may potentially have been the source of groundwater
contamination previously documented at the site, it is recommended that
this possibility be assessed further.
Be advised that additional submittals to the Department and the use of a Licensed
Site Professional (LSP) are necessary with regards to the IRA.
The Department encourages Responsible Parties to take response actions at
Disposal Sites. By taking the necessary response actions, you may avoid liability
for costs incurred by the Department in taking such actions. If you do not take
the necessary response actions, or fail to perform them in an appropriate and
timely manner, the Department is authorized by MGL Ch. 21E to perform the
necessary work and recover up to three times the cost.
If you have any questions relative to this matter, you should contact Adam Wright
of the Notification Branch at the letterhead address or call (413) 784-1100 x292 .
All future communications regarding this release must reference the Release
Tracking Number contained in the subject block of this letter.
ry truly
s
avid A ick
Section Chief
Emergency Response
AGW/agv/mr
A:\1-10074.RNF
cc: Northampton Fire Department
Northampton Department of Public Works
✓Mr. Tim Maginnis, Massachusetts Highway Department
William F. Weld
Governor
Trudy Coxe
Secretary, EOEA
Thomas 8. Powers
Acting Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
Smith College
30 Belmont Avenue
Northampton, MA 01060
Attention: Arthur E. Neipp
September 8, 1994
Re : Northampton
58 Paradise Road
RTN #1-10458
RELEASE NOTIFICATION
NOTICE OF RESPONSIBILITY
MGL Ch. 21E- 310 CMR 40 . 0000
Dear Mr. Neipp:
On August 3, 1994 at 3 : 00 P.M. , the Department received oral
notification of a release/threat of release of oil/hazardous
material . In addition to oral notification, 310 CMR 40 . 0333 the
Department received a completed Release Notification Form on August
18, 1994 .
On August 29, 1994 , the Department verbally approved an Immediate
Response Action (IRA) in accordance with 310 CMR 40 . 0411 . The
approved IRA consists of the excavation of oil contaminated soil
from the outbreak area where the release occurred with proper
disposal to a soil recycling facility. The excavation of oil
contaminated soil will continue back towards the former leaking
underground storage tank (UST which was removed) where excavation
is feasible. Drain piping which leads from the leaking UST to the
outbreak area is located under part of the building. Since
excavation is not feasible, then the drain pipe will be flushed
clean to remove any remaining oil contamination. It is unclear at
the time of the IRA approval if the drain piping was structurally
intact to contain any oil that may have drained through the piping
over a long period of time . Be advised that additional submittals
to the Department are necessary with regards to the approved IRA.
The Department has reason to believe that the release/threat of
release you have reported is or may be a disposal site as defined
in the Massachusetts Contingency Plan, 310 CMR 40 . 0000 (the "MCP" ) .
The Department also has reason to believe that you (as used in this
letter "you" refers to Smith College) are a potentially responsible
party ("PRP" ) with liability under Section 5A of MGL Ch. 21E.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
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 response actions at Disposal
Sites . By taking the necessary response actions, you may avoid
liability for costs incurred by the Department in taking such
actions and any sanctions which may be imposed under M.G. L. c . 21E,
M.G.L. c . 21A § 16 or other laws for non compliance with the MCP.
If you do not take the necessary response actions, or fail to
perform them in compliance with the MCP, the Department is
authorized by MGL Ch. 21E to perform the necessary work and recover
up to three times its cost .
Responsible parties have up to one year from the initial date of
notification of a release/threat of release to the Department
pursuant to 310 CMR 40 . 0300 or from the date the Department issues
a Notice of Responsibility, whichever occurs earlier, to submit
either a completed Tier Classification Submittal or a Response
Action Outcome Statement to the Department . You must employ or
engage a Licensed Site Professional ("LSP" ) since submission of
these documents and actual response activities at the site require
specific actions by an LSP. In order to encourage timely response
actions to address releases/threats of release, the MCP requires
that a fee of $750 . 00 be submitted to the Department with any RAO
filed greater than 120 days from the date of initial notification.
If you have any questions relative to this matter, you should
contact the Emergency Response/Notification Section at the
letterhead address or call John Bourcier (413 ) 784-1100 at
extension 312 . All future communications regarding this release
must reference the Release Tracking Number contained in the subject
block of this letter.
erely
JSB/jsb/kmi
P: \10458 .RNF
Certified Mail #Z 082 547 900
David A� s�wick
Section Chief
Emergency Response
cc : Northampton
Board of Health
Fire Department
Paul Hatch -Southampton Sanitary Engineering
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
William F. Weld
Governor
Trudy Coxe
see,aan. EOEA
Thomas B. Powers
Acting Commissioner
Smith College Rental Properties
30 Belmont Avenue
Northampton, MA 01063
Attention: Arthur Neipp
September 21, 1994
RE: Northampton
58 Paradise Road
RTN #1-10458
IRA Plan Approval
APPROVAL OF PROPOSAL
Dear Mr. Neipp:
The Department of Environmental Protection, Bureau of Waste Site Cleanup,
Emergency Response Section ("the Department") received a proposal on September
16, 1994, for the implementation of an Immediate Response Action (IRA) located
at 58 Paradise Road in Northampton, Massachusetts.
An Immediate Response Action Plan (TRAP) was prepared and submitted in your
behalf by P.B. Hatch of Monson, Massachusetts. The IRA consists of the excavation
of soil outside the drain pipe outlet down to a concentration of 500 ppm. After
the excavation of oil contaminated soil, the foundation pipe shall be flushed be
residual with a low volume of water and the
collected by adsorbent pads p aced at theoutfall. The D partment appro es oft the
TRAP as proposed.
Be advised that additional submittals to the Department are necessary with
regards to the approved IRA.
If you have any questions regarding this approval letter, please contact John
Scummier of the Regional Emergency Response Section at th bove address or 413-
784-1100 extension 312. Y• truly.
JSB/jsb /kml
P:IRA.458
Certified Mail # P 887 905 910
Da A. Slowi
Section Chief
Emergency Response
cc: Northampton
Fire Department
Health Department
Mayor's Office
Paul Hatch - SSE & Associates
436 Dwight Street • Springfield, Massachusetts 01103
• FAX(413)784-1149 • Telephone(413)789-1100
SSE & Associates 16B Count
yROZa snn namPt n Ma,o10 3,-a
P. B. Hatch, LSP, PE - 57 Munn Road, Monson, MA 01057,413-267-3696
Mr. Robert Teranzi
Bureau of Waste Site Cleanup
MA Department of Environmental Protection
436 Dwight Street
Springfield, MA 01103
April 10, 1996
re: Release Tracking#1-10845
464 Park Hill Road,Northampton
Response Action Outcome
Dear Mr. Teranzi:
In accord with the Massachusetts Contingency Plan (MCP), section 310 CMR
40.1056,this is a Response Action Outcome(12Q10)report on the response actions completed
for the accidental discharge of#2 heating oil from an underground storage tank located in
the basement of former house located at 464 Park Hill Road,Northampton. This RAO is
submitted in accordance with 310 CMR 40.1036 (2). The following documentation is
provided for this RAO:
1. Response Action Statement Transmittal Form (BWSC-104).
2. Locus Plan
3. Site Plan
4. Summary of response action activities
5. MaDEP Site Scoring Map
6. Relavent correspondence
7. EPH Data Reporting Format Report of Analysis
8. Laboratory sample data sheets
We believe the enclosed documents support our opinion that a Class A-2, Response
Action Outcome has been achieved at this site in accordance with 310 CMR 40.1036(5)(a).
If you have any questions regarding this matter or require additional information,please do
not hesitate to call us.
Very truly yours,
Paul B. Hatch,PE, LSP
& Associates
cc: (w/o end., copies available at office of SSE &Associates)
Office of the Mayor, City of Northampton
Health Department, City of Northampton
Department of Public Works, City of Northampton
Fire Department, City of Northampton
27124901
William F. Weld
Governor
Trudy Coxe
Secretary. EOEA
David 13.Struhs
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
Florence J. Sniado & Patricia Wardzala
do Jack Sniado
P.O. Box 96
Closter, N.J. 07624
Attention: Mr. Jack Sniado
Dear Mr. Sniado:
May 5,
Re:
1995
Northampton
464 Park Hill Road
Release #1-10845
RELEASE NOTIFICATION AND
NOTICE OF RESPONSIBILITY;
M.G.L. c. 21E and 310 CMR 40.0000
On April 30, 1995 at 11:50 AM the Northampton Fire Department, Dep. Chief Ed Pasa, provided oral
notification to the Department, on your behalf, of a release/threat of release of oil/hazardous material.
In addition to oral notification,310 CMR 40.0333 further requires that a completed Release Notification
Form (attached) be submitted to the Department within 60 calendar days of the date of the oral
notification.
The Department has reason to believe that the release/ threat of release you have reported is or may
be a disposal site as defined in the Massachusetts Contingency Plan,310 CMR 40 0000 (the"MCP").The
Department also has reason to believe that you (as used in this letter "you" refers to Florence J.
Sniado & Patricia Wardzala) are a potentially responsible party (PIP) 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 incur led 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.
436 Dwight Street • Springfield, Massachusetts 01103 • FM(413)784-1149 • Telephone(413)784-1100
NOTICE OF RESPONSDIILITY
Florence J. Sniado & Patricia Wadzala
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):
1. determine the extent of the oil contamination;
2, excavate and stockpile any contaminated soil on-site;
3. perform confirmatory sampling to determine if further excavation/removal of
contaminated soil is necessary; and
4. dispose of the contaminated soil at a Department-approved disposal/recycling facility.
An LSP must be retained to oversee the proposed IRA. Specific approval is required from the
the
Department for the implementation of all IRAs with the exception of assessment regard activities, this this construction of a fence and/or posting of signs. Additional submittals are necessary
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.
Oversight is being provided by Paul B. Hatch, LSP.
If you have any questions relative to this notice, you should contact Robert Terenzi at the letterhead
address or (413) 784-1100 ext. 245. All future communications regarding this release must reference
the Release Tracking Number (RTN) contained in the subject block of tit' er.
Page 2
Certified Mail # Z 082 548 631
RPT/rpt /kml
RNF845.95
copy:
Northampton
Mayor
Board of Health
Fire Department
LSP - Paul B. Hatch
d Slowic
Section Chief
Emergency Response
Attachments: Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L. c. 21E
SSE & Associates County Roa(IS h A 010]3,-,4
P. B. Hatch, PE, LSP- 57 Munn Road, Monson, MA 01057,413-267-3696
Mr. Robert Teranzi
Bureau of Waste Site Cleanup
MA Department of Environmental Protection
436 Dwight Street
Springfield, MA 01103
June 26, 1995
C�
re: 464 Park Hill Road,Northampton, MA
MA DEP RTN#1-10845
Immediate Response Action Plan
Dear Mr. Teranzi:
In accord with the Massachusetts Contingency Plan (MCP), section 310 CMR
30.0424, this is an Immediate Response Action (IRA) Plan for the 464 Park Hill Road,
Northampton location. The following documentation is provided for this IRA plan status
report:
1. Immediate Response Action Transmittal Form(awsc-105)
2. Narrative description of immediate response action plan.
3. Locus Plan
4. Site Plan
5. Detail Plan
If you have any questions regarding this matter or require additional information,
please do not hesitate to call us.
Sincerely,
Paul B. Hatch,PE, LSP
cc (w/o encl): Office of the Mayor, City of Northampton
Health Department, City of Northampton
Department of Public Works, City of Northampton
27124501
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western
William F. Weld
ew
Trudy Coxe
Secretary. WWES
Thomas B. Powers
Acting GOTTISSlene,
Smith College Rental Properties
30 Belmont Avenue
1063
Northampton, MA
Attention: Arthur Neipp
September 21 , 1994
RE: Northampton
58 Paradise Road
RTN $1-10458
IRA Plan Approval
APPROVAL OF PROPOSAL
Dear Mr. Neipp: Bureau of Waste Site Cleanup.
received a proposal t September
The Department of Environmental Protection, located
16,Emergency 99 , Response Section ("the Department")I d
16, 1994, for the implementation of Massachusetts.
An Action (IRA)
at 58 Paradise Road in Northampton, was prepared and submitted in your
Massachusetts.(IRAN tw. The pa+ consists of the excavation
in
be Immediate Hatch of Action Plan chuse c tion
behalf outside P.E. Hatch df in pin, pipe shall be flushed
of soil outside the drain pipe outlet down to a concentration of 500 p will be
with t excavation volume of water of oil contaminated soil, the foundation pip
placed at the outfall. The Department approves of the
collected by adsorbent pads pd the residual oil contamination resulting
TRAP as proposed. with
Be advised that additional submittals to the Department are necessary
regards to the approved IRA.
If you have any questions regarding this approval letter, please contact John
Bourcier of the Regional Emergency Response Section at th bove address or 413-
/84-1100 extension 312. Y truly, AI/Yl�
A. Slows
Section Chief Response
Emergency P
JSB/jsb /kml
p:TRA.450
Certified Mail 4 P 887 905 910
cc: Northampton
Fire Department
Health Department
Mayor's Office
Paul Hatch SSE & Associates
436 Dwight Street • Springfield, Massachusetts 01103
• FAX(413)784-1149
• Telephone(413)784-1100
Commonweattn of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
lliam F. Weld
Governor
Trudy Coxe
K,ew, EoEA
,mas B. Pavers
¢ling Cammlzsi0ne,
September 15, 1994
ity of Northampton Works
apartment of Public
25 Locust Street 01060
orthampton, Mme Samuel Brindis, P
,t tention: . Re:
(Director)
Northampton-DSWM-Landfill
Sludge Mgt . Study
Glendale Road Landfill
94-214-002
Dear Mr . Brindis : Department of Environmental prepared
the Massachusetts a copy of a proposal pnep
2g , 1994, of a Sludge Land
On July the Department) received
& Howard, Inc . (W&H) for performance
Protection ( for the City of Northampton.
by Whitman Study of processing
Application evaluate the feasibility eat the sing
to primarily plant (WWTP) sludge is
W�H proposes treatment P site for processing
ton' s wastewater of sludge off- techniques that
Northampton' s transport Processing
itself ; of the study. II _ lime stabilization,igh
facility a minor part and I
considered will include: digestion; and heat
will be evaluated and aerobic estion, nitrogen
digestion, thermophilic aerobic dig for
anaerobic sampled and analyzed and off-
Based be for sludge, both on-site
alkaline Sludge
drying Storage requirements
compounds. evaluated. develop cost
will be work, W&H will and
site, the above technique,
results of processing report
Based en the
the most feasible he l on-site P feasibility report
the sludge composting which would
estimates costs to report would be prepared u detail it
compare dhpee A rep costs for land application
(already completed) . and engineering
estimated permitting
sludge .
De•artment Review of Pro•osal
the proposal for evaluating
the WWTP appears to be adequate.
es outlined in feasibility of
The scope the the tudge at require that the feasibility of
Department o e will off-site, processing and
on-site processing processing However, the sludge to compared both on-site P
transporting and comp
be evaluated,
• FM((413)784-1149 • Telephone(413)784-1100
436 Dwight Street • Springfield, Massachusetts 01103
riposting. In this regard, the study should include ain valuation
the feasibility of Northampton' s participation
ternative sludge management programs .
the results of nh and
Lee date of th be
lett
er tcontaining Department within e s days o_
rport;commendations for future actions . please contact Larry
you have any questions about this matter, p
a.nson at this office.
Sincere
Mark A. S eeweis
Section Chief , Division of
Solid Waste Management
4AS/LGH/lgh/km1
Mayor Mary Ford Peter McErlain
Northampton °CharleshSmith, P .R .
Whhitman n && Howard Howward
F.VVELD
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENT"AFFAIRS
O
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
)AUL CELLUCCI
for
James Tripp
99 Pleasant Street
Northampton, 01060
October 17, 1996
Re: Northampton Stree=
99 Pleasant
RTN: 1-11557
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
c. 21E and
310 CMR 40.D000
TRUDY COXE
Se etary
DAVID B. 57.3U11S
Com=y'oner
Dear Mr. Tripp` Department
notification to the hetDe artmeot
you provided oral n mpton. In Release
16, 1996 at 2:30pm, Y Street in Northaa completed
to October i fuel oil at 99 Pleasant that calendar
of a release of qR 40.0333 further requires within 60
to oral notification, 310 be submitted to
Notification Form (attached) b
days of the date of the oral notification.
release is or may be a
the reported 310 Cr;4 40 . 0000
reason to believe that Contingency Plan, used in this
The Department has Massachusetts to believe that you (as this
site as defined in the reason _
disposal o air ment also has are a potentially responsible catty(the "MCP") . The Department
James Tripp)ippl This liability
refers to solely on your status as o"^oar'
letter "you"that Section SA of M.Gt but 21E in said
under S=_ fault, other perscr. specified with tor,liability is not based en or that you are
meaning tat disposer several" , meaning t
transporter, other
operator, 9
enerator, is also "joint and site even if there are
Section 5A. This liability
liable for all response costs incurred at a disposal oonse
liable parties. appropriate actions in reYc{ing
es Prel to take prompt and app and of The Department encourages significantly lower your assessment e = in
you may the De a_and or to releases ands ponseaactionsao of oil and/or
co/is hazardous
incurrred by`eTa rt
the necessary
and/or avoid liability or reduce certain permit c 2L for
costs sopa You may also avoid to M.G.L.
cleanup � 4 .00. Please refer convenience, a su�nary
taking such actions. For your conve ._
compliance fees payable undotent�al�l lability.
a complete description of potential
liability under M.G.L. c. 21E is attached against third parties for damages,
you may have claims ag which establish take
reimbursement for the costs sts of cleanup.
You should be aware exist contribution or but are governed by e= you tc
including claims for Department encourages _hard
Such claims do not exist prole y litigation. The Dep ou may have against
action necessary to protect any such claims you
time allowed for bringing
any
parties.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)764-1149 • TDD(413)745-6620
• Telephone(413)764-1100
0 ranted on Recycled Paper(20%POn Consumer)
lice of ResponubiGU
nes Tripp
pleasant Street, Northampton
W 1-11557
the time of oral notification, the following response actions were approved
; an Immediate Response Action (IRA) :
Excavation of up to 50 cubic yards of #2 fuel oil-contaminated soil;
pecific approval is required from the Department for the implementation of all
of the construction of a fence and/or posting of si ans.
RAs with the
ut not l submittals the filing necessary
anwith
IRA Completion this
Statement notification and/or Response
including,
ut not limited RA The MCP requires that a fee of $750.00 be
cbmitOutcome (Dep) statement.
ubmitted to the Department when an RP.O statement is filed greater than 120 days
•rom the date of initial notification.
without
:t
is important to note that you must dispose of any 40.00 0 including,usin generated
Bill of Lading accompanying
It the subject location in accordance with 310 CMR 40.0030
Limitation, contaminated soil and/or debris. Any
such waste ou the seal
the LSP Boarrd signature
of Registration at (617d) 556-1 45 to obtain
(LSP) .
the current LSP list.
If you have any questions relative to this notice, you should contact the
undersigned or Ben Fish at the letterhead address or (413) 784-1100 X246 . All
future ommuications Number c(RTN)n contained ein he release mt
of this f the Release Tracking this letter.
ulK Y
David A. 51
Section Chief
Emergency Response
BF/das/km1
\11557 .RNF
certified Mail #Z 082 549 937; Return Receipt Requested
cc: Northampton
Board of Health
Fire Department
Gil Joly, Mason Environmental
Attachments to Addressee only: BWSC-003 and Instructions
Release Notification Form;
Summary of Liability under M.G.L. c. 21E
WEIR
COMMONWEALTH OF MASSACHUSETTS AL AFFAIRS
EXECUTIVE OFFICE OF ENVIRONMENTAL
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
UL CELLUCCI
Villiam and Dorothy Pharmer
4 Lamppost Lane
dershey, PA 17033
December 11, 1996
Re: Florence
17 Plymouth Ave.
Release #1-11628
RELEASE NOTIFICATION AND
NOTICE OF RESPONSIBILITY;
M.G.L. c. 21E and 310 CMR 40.0000
TRUDY CORE
Secretary
DAVID B.STRUMS
Commissioner
Dear Mr. and Mrs. Pharmer:
On December 10, 1996 at 10:20 AM Mr.Carmea Shaw of Mason Environmental Service,Inc.provided
your behalf, of a release of #2 fuel oil from a leaking
oral notification to the Department, referenced yo
310 CMR
underground.033 furl storage tank,that a at the above referenced IN Notification Form (attached) be submitted bto the
Department further requires 60es teat a days of Release
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
Massachusetts Contingency Plan,310 CMR 40.0000(the"MDCP").The
be a Department site as defined in the Meveath you (as used in this letter you refers to Mr.
Department x also has reason responsible poneve spat Yo under Section 5A of M.G.L. c. 21E.
Th s Baer) y is a pict"mean ng tht t i party based on fault but soy
that it is not based on fault but solely on your status as owner,operator,
person specified in said Section 5A. This liability is also:joint
This liability is"strict"meaning site even if there
andsever, lraneaning disposer or liable Pe incurred at a disposal
and several",meaning that you are liable for all response costs
are other liable parties. to role and
PRPs to take prompt and appropriate actions in response you may
The Department of of a and/or taking the necessary response actions,Y
significantly n ly release r oil masses mentdand materials.an p By and B for costs incurred by the
Department lower your assessment actions. and may also costs or reduce avoid certain ilt or annual compliance
fees payable inr taking such ac .00. You may akto avoid or reduce certain Ps
fees payable under 310 CMR 4.00. Please refer�b��under M.G.L. cce21E is attached. s of potential
liability. For your convenience, a summary
36 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • TDD(413)7465620 • Telephone(413)784-1100
`S Panted on Recycled Paper(20%Post Consumer)
)TICE OF RESPONSIBILITY
r. and Mrs. Pharmer
m are reminded that, at the time of oral notification to DEP, you were advised by the Department
at the following response actions were approved as an Immediate Response Action (IRA):
1 remove all fuel oil/eludge from the oil tank, then purge and inert the oil tank;
2. cut the tank into two pieces, in compliance with State Fire Marshal regulations, and
remove it from under the porch;
3. excavate up to 30 cubic yards of contaminated soil and stockpile on-site;
4. perform confirmatory sampling to determine if further remedial action is necessary;and
5. dispose of the contaminated soil at a Department-approved disposavrecycling facility.
TEL Specific approval is required from the
with the exception of assessment activities, the
An LSP must be retained to oversee the proposed regard to this
cons
Department for the implementation ad/or s of all IRAs with
submittals are necessary with ro
construction of a fence and/or posting of signs. Completion Statement and/or Response
notification including, but not limited the filing of an IRA
Action Outcome (RAO) statement. The requires MCP requires s that a fee of $760.00 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 most 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 617/656-1145 to obtain the current LSP list.
Oversight is being provided by Gilbert T. Joly, LSP/Mason Environmental Service, Inc..
If you have any questions relative to this notice, you should contact Robert Terenzi at the letterhead
address or(413) 7841100 ext.245. MI future communications regarding this release must reference
the Release Tracking Number (RTN) contained in the subject block of this letter.
Page 2
Certified Mail # 237 892 754
RPT/rpt /1011
RNF11628.96B
copy: Florence
Mayor
Board of Health
Fire Department
Mason Environmental Service, Inc. - Gilbert T. Joly
Attachments: Release Notification Form; BWSC-063 and Instructions
Summary of Liability under M.G.L. c. 21E
Ve
no
David Slowick
Section Chief
Emergency Response
igations
stigations
diation
COLD SPRING ENVIRONMENTAL
CONSULTANTS, INC.
inuary 24th, 1997
. Bob Terenzi
assachusetts DEP-BWSC
36 Dwight Street 01103
pringfield, MA.
RE: Release lymouth#Avenue,OFloreen M
Florence, MA.
CSEC Project #97-734-0123
DEP Release Tracking #1-11628
• Percolation Tests and
Septic Designs
• Regulatory Compliance
• Recycling and SolidWaste
)ear Mr. Terenzi:
;old Spring Environmental and inspection Inc.
abovementioned£or
address on January uary g 1997 pending the observation of a release
froreas ,0 o 23,
from a 1,000 gallon underground fuel oil tank.
PERSON RESPONSIBLE FOR RESPONSE ACTIONS:
Ms. Dorothy Pharmer, Owner
344 Lamp Post Road
Hershey, Pennsylvania, 07033-1882
Phone: 717-533-3279
Fax: 717-533-4371
BACKGROUND:
This IRA Plan follows the discovery of a release of #2 fuel oil
on December 10th, 1996 by Mr. Steve Retchin of Mason
Environmental. Mr. Retchin measured 189 and 290 PPM total
volatiles from headspace samples taken from holes beneath the
an underground tank system requires
tank. For reference purposes, a PID reading in excess of 100 PPM
within 10 feet of closure of
DEP notification within 72 hours.
n on the
As a result of Mason Environmental ' s verblonotificationdon her a
owner' s (Ms. Dorothy Pharmer) behalf, your 1996 .
Notice of Responsibility on December 11th,
porch allongathenwesiernr side ofe l the dwelling smaking er th the
emoval
logistically difficult. Cernak Tank determie ddethatrthe tank
can be removed through excavation g
conditions.
350 Old Enfield Road•Belchertooww ,MA 41100 7 • (413)323-5957 &323-4916
Fax:
January 24th, 1997
ge 2: Mr. Bob Terenzi
:SCRIPTION OF RESPONSE ACTIONS:
5. Dorothy Pharmer has hired CSEC, Inc. to conduct necessary IRA
aasures. The goal of the IRA is to remove the UST, assess soil
Dnditions, attempt soil e final hydrocarbon samples to specific tasks include:
ctions are needed. The sp
. Inspection of completion of UST removal.
. Headspace soil characterization gandnreci mendationt for soil for nd
removal to the extent possible
support structures. protocols.
S. Oversight of soil removal under Bill of Lading p
}. Soil sampling for TPH and EPH will be conducted for soil
disposal characterization
afterdtank and limited soil removal.
remaining hydrocarbons emoval.
r
REMEDIATION WASTE HANDLING:
All soil removed will follow appropriate hydrocarbon waste
storage/hauling measures including proper on-site cover and
transportation to Ondrick's Construction in Chicopee under the
Bill-of-Lading process.
erformed by Cernak Tank of
Manual soil removal as well as transportation of soil and the UST
to an approved facility will be p
Easthampton.
IRA RED
An IRA Status or Completion Report will be ailed within days
of completion ofn�ank/soil removal
days of this plan) .
�."�.,
Please feel free to contact us with an y questions. �� "
Sincerely,
d Spring Environmental Consultants, Inc.
n Weiss, LSP #6442
President
Principal Hydrogeologist
cc: Northampton Mayor and Board of Health
Dorothy Pharmer
Rick Cernak, Cernak Tank
FIGURE 1: SITE LOCUS
N
SCALE:1"=2,083 FT.
0 FEET 2000
USGS 7.5 MIN.QUAD.
COLD SPRING ENVIRONMENTAL INC.
ITE
'gallons
estigalions
:dlaliOtl
Re 19th, 1997
COLD SPRING ENVIRONMENTAL
CONSULTANTS, INC.
. Dorothy Pharmer
4 Lamp Post Lane
rshey, Pennsylvania 17033
RE: Release from 1,000 Gallon #2 Fuel Oil Tank
17 Plymouth Avenue, Florence, Ma.
CSEC Reference File #97-734-0123
DEP RTN 1-11628
• Percolation Tests and
Septic Designs
• Regulatory Compliance
• RecycIingandSolidwaste
ear Ms. Pharmer:
old Spring Environmental Consultants, Inc. was contracted for
onsultation and inspection 000thelabovementioned address
dressronnd
ecember tank 12th, 1997 . One 1,000
ta (UST) was scheduled for decommissioning on December
Oth, 197 . Mason Envronmental was>eneath9 the tank prior i to decommissioningcontracted uring sampling,
ng soils
-elease of fuel oil to soils was discovered. The release had the
:haracteristics of a 72 hour notification scenario (PID readings
pf 189 PPM and 290 PPM in excess of 100 PPM Mason
Environmental notified the DEP verbally on your behalf on
December 10th, 1996 at 10:20 AM. No laboratory analysis of soils
from beneath the tank was performed at this time.. The DEP issue d
19e
a Notice of Responsibility on December 11th, 996. During
it ing
discussions with Cernak Tank nary remove the tank without
determined that it would be possible
damaging bu ng the building ing if f proper supports were used. Removal was
recommended by Cold Spring Environmental to facilitate release
ponse measures.
ZBa6
sedoon weather conditions, removal was
scheduled for June
PERFORMANCE OF RESPONSE ACTIONS
Alan Weiss of Cold Spring Environmental oversaw response actions
taken on June tank revealed 1997 . Resampling of soils beneath the eastern
end E) the PIDareadingsl were PID PPM than 1
samples
obtai depths of six and seven feet below the feed end of
obtained at dip
Laboratory analysis of all
the tank soil am FEED-6 and FEED-7 ) . U S. EPA Method 8100 for
Petri euml ydrocar bons performed r leung
Petroleum Hydrocarbons. No Petroleum Hydrocarbons were detected.
Sample BOT-W) . Laboratory analysis of
Soils beneath the western end of the tank had a PID reading of
PPM and a slight odor
Sample BOT-W revealed the following results in PPM and PP
350 old Enfield Road•Belchertown,MA 01007 •(413)323-5957& 323-4916
Fax:321-4916
June 19th, 1997
ge 2 : Ms. Dorothy Pharmer
PARAMETER
C9-C18 ALIPHATICS
C19-C36 ALIPHATICS
C10-C22 AROMATICS
760 PPM
2-METHYLNAPHTHALENF.
omplete le locations are included on the Field Sketch Attachment
I Sample Soils in the vicinity of the western
Attachment I, Figure 2) •
nd of the tank revealed levels of C9 to C18 Aliphatics and C1
o C22 Aromatics in excess of S-1 Standards.
!ample BOT-Wy on Juneo 5th,of 1997 . wer Soilsxwerettr ea of 1. 14 tns transported to
nndrick' s Construction in Chicopee, MA. onhJunei5th, 19i7lunder n
Sill of Lading protocols for recycling.
)riginals soill
sample s contaminantt levels awere r the
below
the acceptance criteria of the receiving facility. soil
Sampling from the area beneath Sample BOT-W following
removal revealed Non-Detectable levels of Petroleum Hydrocarbons
and Polynuclear Aromatic
Method 8270/8100/82260. This is well the
wellbe�E applicable
U. S. EPA cable
S-1 Soil Standards. After limited soil removal followed by
headsPace photoionization detector screening and soil analysis,
it is the opinion of CSEC, Inc. that the release is sufficiently
significant risk
( 310 40. 00 ) .00h thBased on theacoaplletion of thesnecessary
remedial CMR actions deci ith tankoin placeato°minimize tank,
riskt to was
thee residence.
decommission the tank in place 1997 .
The tank was filled with concrete on June 11th,
It an our opinion
removal) are complete. This determination is
based bapd g visual
ounds of the impacted area as shown on the site sketch and
sampling aed
attached. Given the dense silty nature of underlying soils and
roundwater was not significantly impacted.
the failure to encounter groundwater in the 9 .0 foot excavation,
it is felt that g
June 19th, 1997
ge 3: Ms. Dorothy Pharmer
is the opinion of Cold Spring Environmental, Inc. that
fficient remedial responses commensurate ate p with
ithdthe che
nitudehand
pact of the spill have been properly
sported release. . TPH and PAH levels that have been
aceasured
proach expected background concentrations (ND) and
:ndition of "No Significant Risk" as defined by PAR levels
1 . 0975(6 ) (a) . No residual petroleum hydrocarbon
detected. As such, the site complies with the with the
aquirements of a Class A-1 Response Action Outcome (RAO) . The
SPS standard for sufficient technical resolution Jhasebeenaluated
aintained. In this characterization, it
onditiond of t
"No SignificantoRisk"g has nbeen s reached (310eC and a been MR
0 .0860) .
lease feel free to contact us with any questions and be sure to
losuretofsthisomatterhwithl thedMADEP at Action Form for
Street in
Springfield, MA. (01103) . Immediate submittal of all forms and
-eports is recommended in order to avoid future DEP fees and sent
lonthe1MassachusettssDepartmentuofoEnvironmentalO Protection, P.O.
Sox 4062, Boston, Massachusetts, 02211. A copy of the check must
accompany the RAO submittal to the DEP in Springfield.
Please contact us if you require additional information.
Sincerely,
Cold Spring Environmental Consultants, Inc.
Barbara B. Weiss, LSP #9179
Vice President
Principal Hydrogeologist
Attachments
PC: Northampton Board of Health
Northampton Chief Municipal Officer
IL CELLUCCI
r
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
tts Department of Mental Health
tts State Hospital
Hill Road
in,MA 01060
When Mielke
May 6, 1999
Re: Northampton
72 Pomeroy Terrace
MA Department of Mental Health
Montgomery House&Scott School
RTN#1-12918
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40.0000
BOB DURAND
Secretary
DAVID B. STRUHS
Commissioner
Mielke :
5,1999,at 3:38 P.M., Joseph Dunn of Tighe&Bond notified the Department of a reportable release of#2 fuel oil
excavations after tthe Aremo aleofttwo 1,000 gallon underground sto ge tanks(USTs)coThetheadspa ers of the from
were monitored with
a
portable ph tt detector. Both t excavation mples e abit exhibited
of greater than 100 ppm e a repo table condition with arks 310 CMR h the
usetts Contingency
Plan.In addition to oral notification, 310 CMR 40.0333 further requires that a completed
Notification Form(attached)be submitted to the Department within 60 calendar days of the date of the oral
ion.
,artment has reason to believe that the release/threat of release you have reported is or may be a disposal site as
in i h Massachusetts Contingency Plan,
t Department believe
(as us dn t letter"you"refers to Massachusetts Department of Mental Health)a ea potentially responsible
R on liability under Section 5A of
as owner,operator,gene ator,transporter,disposer or other person specified in said Section 5A't
Ibility is also"joint and several",meaning that you are liable for all response costs incurred at a disposal site even if
:e other liable parties.
apartment encourages PRPs to take prompt and appropriate actions in response to rely lower d tour ats of relret set of oil
hazardous materials. By taking the necessary response actions,you Y
p costs and/or avoid liability for costs incurred by the Department in taking such actions.
This inrurmation is available in alternate formal by calling our ADA Coordinator at(6 l7)574-6872.
436 Dwight Street•Springfield Massachusetts 01103•FAX(4 3)Recycled Paper DD(413)746.6620•Telephone(413)784-1100•
reduce certain liability. l il ur o
avoid or nplete des iption ofpoten ial For your convenience,payable summary of liability under MG.L..ct E M.G.L.
ided that you were advised by the Department that the following response actions were approved as an
sponse Action(IRA):
sists of the excavation of up to 100 cubic yards of #2 fuel oil-contaminated soil.
oval is required from the Department for the implementation of all IRAs with the exception of assessment
construction of a fence and/or posting of signs.Additional submittals are necessary with regard to this
ncluding,but not limited to the filing of an IRA Completion Statement and/or Response Action Outcome
nent.The MCP requires that a fee of$750.00 be submitted to the Department when an RAO statement is filed
120 days from the date of initial notification.
nt to note that you 1.0030 including,w thouttl limitation,contaminated soil and/or debris. a Any Bill of Lading accompanying such
sear the seal and signature of a Licensed Site Professional(LSP).You may contact the LSP Board of Registration
1145 to obtain the current LSP list.
any questions relative to this notice,you should contact John S.Bourcier at the letterhead address or(413)755-
u[ure communications regarding this release must reference the Release Tracking Number(RTN)
contained in
block of this letter.
Very truly yours,
1 4
a
e /%Y
i d A.
Section Chief
Emergency Response
doc
Mail#Z 462 493 204
Northampton
Fire Department
Health Department
Mayor's Office
Joseph Dunn-Tighe&Bond Consulting
tents: Release Notification Form;BWSC-003 and Instructions
Summary of Liability under M.G.L.c.21E
Ar.Peter McErlain
4orthampton Board of Health
�ity Hall
10 Main Street
Northampton,MA 01440
Tighe&Bond
Consulting Engineers
Environmental Specialists
M-284-3-04
June 18, 1999
RE: Notification of Response Action Outcome
Northampton Center for Children and Families
72 Pomeroy Terrace,Northampton, MA.
RTN. 1-2918
Dear Mr.McErlain:
In accordance with the Public Notification Procedures of the oMassachusetts toi the Massachusetts
Plan
achMCP
310 CMR 40.1403(3)(1)), we are writing to notify y
Department of Environmental Protection (DEP) of a Response Action Outcome Outcome (RAO) on
e
behalf of the Department of Mental Health, Northampton Center for
foChildren and Families
of for he
referenced Release Tracking Number (RTN). The
Fuel oil discovered during removal of two underground storage tanks at the site. The release was
discovered and reported to the DEP on May 5, 1999.
The RAO is being issued subsequent to the successful completion of an Immediate Response Action
for
contaminated soil. The release
al of petroleum-contaminated a soil cwas'accomplished to `achievleoa
condition of No Significant Risk of harm to health, safety, public welfare and the environment for the
release. Consequently, a Class A-1 RAO has been prepared for RTN 1-2918.
in at the Western Regional Office of the DEP at 436 Dwight Street, Springfield.
A copy of the RAO submittal has been provided to the Department of Mental Health and is also
aEPholds lfor public g
callthe DEP 413-784-1100. If you have any questions or comments relative about
o this lcorrespondence,
please contact Joseph Dunn or the undersigned.
cc. Mr.Robert Mielke,Massachusetts DMH
Massachusetts DEP Western Region
Very-tnily yours
GHE&BO
H I
Evan T. Johnson,P.E.,LSP
Vice President
Onginolpnnted on recycled paper
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
CELLUCCI
.overnor
Lube,Inc.
Pleasant Street
rthampton.MA 01060
ention: John Richi
SOB DURAND
Secretary
EDWARD P.RUNCE
Acting Commissioner
June 25, 1999
Re: Northampton
Gasoline/Waste Oil Release
Pro Lube,Inc.
RTN: 1-12984
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L. c.21E and
310 CMR 40.0000
lean Mr. Richi:
an June 19, 1999 at 4:42 PM, the Northampton Fire Department provided notification to the
)epartment of a release and/or threat of release of approximately 50 gallons of a gasoline/waste oil
nixture. The mixture of oil and gasoline was released due to an overfill of an aboveground storage
ank located in a basement room. Cleanup of the basement room was delayed due to the presence
gasoline vapors as high as 35% of the Lower Explosive Limit, which triggered an imminent
ra7ard condition as defined by the Massachusetts Contingency Plan — 310 CMR 40.0000 ("the
V1CP"). Cyn Environmental (Cyn) finally continued cleanup of the basement under "confined
space entry"Release N. In addition m to oral notification,) b submitted to the Department requires that a calendar
completed Release Notification Form ( )
days of the date of the oral notification.
The Department has reason to believe that the release/threat of release reported is or may be a
in
disposal site as defined in the MCP. The Department also has reason to believe that you a lusediin
this letter "you" refers to Pro Lube, Inc.) are a potentially responsible party ( ) (
under Section 5A of M.G.L. c. 21E.
This information is available in alternate format by calling our ADA Coordinator at(617)514-6812.
436 Dwight Street'Spdngfield,Massachusetts 01103•FAX(413)784-1149•TOO(413)746-6620•Telephone(413)7B4.1100
L J Printed on Recycled Paper
Lube, Inc.
ice of Responsibility
1-12984
liability is "strict", meaning that it is not based on fault, but solely on your status as owner,
:ator,generator,transporter, disposer or other person specified in said Section SA. This liability
so "joint and several", meaning that you are liable for all response costs incurred at a disposal
even if there are other liable parties.
Department encourages PRPs to take prompt and appropriate actions in response to releases
threats of release of oil and/or hazardous materials. By taking the necessary response actions,
may significantly lower your assessment and cleanup costs and/or avoid liability for costs
urred by the Department in taking such actions. You may also avoid or reduce certain permit or
coal compliance fees payable under 310 CMR 4.00. Please refer to .G.L under for a complete
21E
icription of potential liability. For your convenience, a summary liability
rttached.
mu should be aware that you might have claims against third parties for damages, including claims
r contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely
It establish are governed by laws, which
our ges you tto take any actionss
nece ary to protect bringing
t any su hclaims you amay ha ee against third
dies.
t the time of oral notification to the Department, the Department roduct approved following a response drum,
tons as Immediate Response Actions (IRA): pump out free
,read speedi-dri on the basement floor, remove and dispose of all oil-impacted debris, and
weep up and containerize the spent speedi-dri.
,pecifrc approval is required from the Department for the implementation of an IRA with the
xception of assessment activities, the construction of a fence and/or posting of signs. Additional
ubmittals are necessary with regard to this notification including,but not limited to,the filing of an
RA Completion Statement and/or Response Action Outcome (RAO) statement. The MCP
.equines that a fee of$750.00 be submitted to the Department when an RAO Statement is filed
treater 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 Ben Fish at the above
letterhead address or by telephone at 413484-1100 ext. 2285. All future communications
regarding this release must reference the Release Tracking Number (RTN) contained in the subject
block of this letter.
2
Lube, Inc.
ce of Responsibility
1-12984
bf
tamp984.mf
Y
Northampton
Health Department
Fire Department
Mayor's Office
Cyn Env., Wes Hodge
rtified Mail Z 456 365 151, Return Receipt Requested
tachments: Release Notification Form,BWSC-003 and Instructions
Summary of Liability under M.G.L. c.21E
Ve truly yours,
David A. Slowick
Section Chief
Emergency Response
UL CELLUCCI
FT
[Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
4assachusetts Electric Company
48 Haydenville Road
1orthampton,MA 01089
Attn: Jim Neveu
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
June 6, 2000
Re: Northampton
RTN: 1-13471 Pole#7
pinebrook Curve,
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L. c.21E and
310 CMR 40.0000
Dear Mr.Neveu:
2000 at 8:01PM, you provided or notification to the Department on behalf of
On June 2,
of a release of approximately 22 gallons of non-PCB transformer
Massachusetts Electric Company in Northampton,Massachusetts. In addition to oral
noin the vi,310 CMR pole #7, 33 3bfur h r requires 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 a disposal site as
310 ed elease i (the "MCP").y The disposal
site as
ed release is or may
defined in Massachusetts reason olie t at Contingency u Plan, liability under Section SA of M.G.L. is
also has reason to believe that you (as used in this letter "you" refers to Massachusetts Electric
Company.) are a potentially responsible party (PRP) with
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,
such actions. You may also avoid or reduce certain permit or
annu
you may significantly lower your assessment and cleanup costs and/or avoid liability for costs
incurred by Department in taking
al compliance fees payable under 310 CMR 4.00. Please refer to M.G.L.c. 2W for a complete
This information is available in alternate format by calling our ADA Coordinator at(617)574-6812.
436 Dwight Street•Spn gfield,Massachusetts 01103•FM p03) 78441 Paper DD(413)74S-6620•Telephone(413)784-1100
-Pinebrook curve, Northampton
1-13471
ne of Responsibility of liability under M.G.L. c. 2
aiption of potential liability. For your convenience,a summary 1E
Cached.
u should be aware that you may have claims against third parties for damages, including claims
contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely
: are governed by laws which establish the time allowed for bringing litigation. The Department
;,ourages you to take any action necessary to protect any such claims you may have against third
rties. approved the
ou are reminded that, at the time of oral notification to DEP, the Departm ent pP
'lowing response action as an Immediate Response Action (IRA): surficial cleanup including
ccavation and off-site disposal of up to 100 cubic yards of petroleum-contaminated soil;
,pecifrc approval is required from the Department for the implementation of all IRAs with the
posting of signs. Additional submittals are
but not limited to, the filing of an IRA
xception w of the construction of a fence and/or O statement. The MCP requires that
:ompary with regard to this Response including,
afee of S7 Statement est and/or to the e A ant when an statement is filed greater than 120
a fee of$750.00 be submitted to the Departm
days from the date of initial notification. generated at the subject
It is important to note that you must dispose of any Remediation Waste g
without limitation, contaminated soil
in such waste must bear the eal and signature
556-
location in accordance with 310 CMR 40.0030 including,
Licensed debris. rof Bill al Lading accompanying
has recorded Evan Johnson of Tighe &Bond
Licensed Site Professional (LSP). You may contact the LSP Board of
1145 to obtain the current LSP list. The Department
Consulting Engineers as LSP of record for this release.
•
If you have any questions relative to this notice,you should contact John Jts release Bo cier atttrefleenrh the
address or at (413) 755-2112 All future communications regarding
Release Tracking Number(RTN)contained in the subject block of this letter.
2
Very truly yours
avid A. Sl.wick
Section Chief
Emergency Response
-Pinebrook Curve, Northampton
1-13471
ce of Responsibility
S/ds/kml
471mf
:losure:Release Notification Form;BWSC-103 and Instructions
Summary of Liability Under Chapter 21E
:stiffed Mail#1' 153 713 626,Return Receipt Requested
Northampton
Health Department
Board of Selectmen
Fire Department
Evan Johnson-Tighe&Bond
Mary Claire Higgins,Mayor
n of Northampton
Main Street
thampton,MA 01060
Tighe&Bond
Environmental Specialists
N-438-1-58 (1160)
July 28, 2000
Re: Response
as Outcome
Massachusetts Electric Company
Pole#7
Pine Brook Curve
Northampton,MA
RTN 1-13471
ar Mayor Higgins:
we are writing to notify you of the submittal to the Massachusetts
accordance with the Public Notification Procedures of the Massachusetts Contingency Pan
JCP 310 CMR 40-1403(3)(f)),
of a Response Action Outcome (RAO) Statement
rpth above-referenced of e evened rele e On (DEP) ) releasing 22
r the above-referenced release. On June 2, 2000, a severe "microburst" windstorm caused a tree
(from Utility Pole # 7 located on Pine Brook Curve), 22
ry
knock a 25 KVA transformer, ( non-PCB mineral oil dielectric fluid (M
;signed of non-polychlorinated icid incident Release Tracking (non-PCB) of 1-13471. A Class A-1 RAO has been
signed the thei release,s Rndica Tracking Number of ft
ublic welfare and the environment exists aat the site and no further response actions are required.
tsafety,436
X copy of the RAO ing eld, can A bPublicfile review sessions are hedoe every Wednesday For more
>wight Street in file review,MA
have any
please contact Paul G. Beaulieu or the
nfortnation about file review, please call the DEP Service Center at 413-784-1100. you
questions or comments relative to this correspondence, p
undersigned.
Very truly yours,
&BOND INC.
( 11.
Evan T. Johnson P.E., LSP
Vice President
Copy: PeWRAO_Plain,Northampton Copy Peter McErlain,Northampton Board of Health
James Neveu, MEC
Joanne Flescher,DEP Western Region
Westfield Executive Park 53 Southampton Road Westfield, A 01x085-5308 Tel. 413.562-1600 Fan 413-562.5317
Original
UL CELLUCCI
Governor
COMMONWEALTH OF MASSACHUSI:1 N
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
ohenno Incorporated
.O.Box 454
Itoughton,MA 02072
kttention:Bradford Cohenno
January 30, 2001
Re: Norhampton
In front of 256 Pleasant Street
RpN#1-13777
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40.0000
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
Dear Mr.Cohenno: of a
On January
19,2001,at 7:45 A.M.,a representative of Northampton Fire Department notified the Department
reportable tu d o191 No of diesel resulting sull ag the reovs-referenced siga o tro fdi smiler . In addit on t that
release of up to 70
3 0 CMR 40.0333 fun errequirs thataa completed ReleasealNotificationeForm (a ached) be submitted to notification,
Department within 60 calendar days of the date of the oral notification.
310 CMR f0 release you"MCP").The is or may also spo al site
The Department has reason to believe that the release/threat of release you have reported is or may be a disposal site
as defined in the you(as used in Contingency "Plan,
to believe that you(as used in this letter`you"refers t6 Cohenno Incorporated)are a potentially responsible party
(PRP with liability under Section 5A of M.G.L.co operator,generator,transporter,disposer or other person specified in said Section
c.21E). This liability is"strict",meaning that it is not based on fault.
buts This on your status as owner, P meaning that you are liable for all response costs incurred at a disposal
SA. This liability is also"Joint and several",
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
the necessary response actions,you may significantly lower your
release a oil and/or and ahazardous and/or liability taking
ant N taking such actions.
assessment and cleanup costs and/or avoid liability for costs incurred by the Department
M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under
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 is attached.
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
436 0wlght Steel•Springfield Massachusetts 01103•F Printed 003) 641149 Paper TOD(413)746.6620•Telephone(413)784-1100•
moo Incorporated
4113777
ce of Responsibility
u are reminded that you were advised by the Department that the following response actions were approved as an
,mediate Response Action(IRA):
n IRA consists of the use of absorbent media to clean up the release of diesel fuel. The IRA also includes
e removal of diesel fuel-contaminated snow and ice and up to 10 cubic yards of diesel fuel-contaminated
iecific approval is required from the Department for the implementation of all IRAs with the exception of
sessment activities,the construction of a fence and/or posting of signs. Additional submittals are necessary with
not limited to the filing of an IRA Completion Statement and/or Response
:card to o notification including,tmet The AOnsOutcome ement is filed greater than 1120 days from atthe fee
date Sof 0.00a e submitted on. Philip M ain of Cyn
;nvironmental is the LSP-of record for this release.
f you have any questions relative to this notice, you should contact John S. Bourcier at the letterhead address or
:41 ) x1
55-242. in the subject blo u is ti s regarding this release must reference the Release Tracking Number
2
P:l13777.doc
Certified Mail#7000 0600 0026 8859 6281
copy: Northampton
Fire Department
Health Department
Mayor's Office
Philip McBain-Cyn Environmental
Sincerely,
id A.Slowic
Section Chief
Emergency Response
Attachments: Release Notification Form;BWSC-003 and Instructions
Summary of Liability under M.G.L.c.21E
IflEfliflL
S
larch 2.2001
ir- Peter Mein lain. Agent
its 0f Northampton City I Ia11
it)of Nonhumptun 13oaid of health
10 Main Street
sorthmnpton Aassachuetts 0106(1
RE: Rcpouse Action Outcome LRAOZStntemeut ort R7:1_I_132_'
NORTH IMP.]OA Ala sachtiscris -Pleasant Street Near 256
.Sadden ReleUNC at Mete(Fuel
Dear Mr. McErlain:
Municipal 01fiee and Board of I I I alth In the Massachusetts
mmunit.0e 1 m tt l ich a di pal( ts\e is 1r0 located and an\ic'.40 1403(38
r her communities stBelt arc 01 ere Iikels to he affected by the disposal site hall be notified hed of the
at',Mehl itt of m Response Action Outcom (RA O) Statements tiled pet 'nt to 31L. I._MR 40.100
t st. 1 t n 'nncntai Sci ices has : 'spire filed an RAO Statement l p<r pecLanc tt the AL"r chusec�
filed in
wit tor the aboscr J r ne location 11r r c in
nun It
) 1 ar n n1 lint t l m �=n I ' u i of
response to
h- at 1 a tit and nhazarlcl nt t �� t, the r ain u
1c ideal a 121 I and a Pei m e Solution t 310 CNIR a hl 0 u A r Simi an R1 d to .lets
hasalsol been tans. Addt shed is pursuant ssae. to ll Cn1t2 a(t the 611 s a let a
has also been achieved at the disposal >i0.-. and will not m me IOrcsuablc unir 1st-a 2 threat of phi sisal
harm or bodily miun to people ._ o.ter the u
complete of the RAO n1 repent. se
Protection`436 De iuhttStreet.Sprn lield.tMassachuults. 01103. You mat r reach this Ent
Pee at(413)al
784-1100.
Sincerely.
(vn Envirmmientat Services
Richard R. LaMothe
ironmenml Scientist, Proicci Manager
Massachusetts Departmeni of P.ns ironmental Protection AA'estern RH IlL l OInce
P.O.BOX 119•100 TOSGA DRIVE 800-0242 58 S n MA•1800-622-6965 outside MA 1-341-VA•FAX 781-341-6246•
a
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
lassachusetts Electric Company
O.Box 507
4orthampton, Massachusetts 01061-0507
Attn:James Neveu
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
September 12, 2002
Re: Northampton(Florence)
Pine Street Extension
Pole if 4-03
RTN 1-14568
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and 310 CMR 40.0000
Dear Mr.Neveu: ant on behalf of
On September 11, 2002 at 3:50PM, you provided oral notification to Dof of t on oil if o f
the Massachusetts Electric Company regarding a release of up to 40 gallons
a pole-mounted transformer located on Pine Street Extension in winds t that date. e addition of
the Florence section of
Northampton, Massachusetts. The release was caused by high ndsd n that Release te. In Notification Form to
oral
(attached) btio submitted mi CMR
40.0333 furthr requires
that
calendar days the otie of the oral
(attached) be submitted to the Department
notification.
The Department has reason to believe that the reported release
CMR elease i (the "MCP").y The o al site
lease is or may be a disposal site as
you as used in this letter "you" refers to the Massachusetts Electric
defined in the Massachusetts Contingency Plan, of M.G.L. c.
also has reason to believe that y ( RP with liability under Section 5(a)your status as
CompanY) are a ty is potentially ," meaning responsible party i )
21E. This liability is "strict," meaning that it is not based on fault, but solely on y
owner, operator, generator,transporter, disposer aor ou other liable for all response response osct on incurred This a
liability is also "joint and several", meaning
disposal site even if there are other liable parties. appropriate actions in response to releases
The Department encourages PRPs to take prompt and app ro p
and threats of release of oil and/or hazardous materials. By taking the necessary response actions,
you may significantly lower your assessment
actions. You cleanup costs
may also avoid oor reduce certain permit or
incurred o by pli Department in b eaki dg 4 00 Please refer to M.G.L. c.21E for a complete
annual compliance fees payable under 310 CMR
This information is available in alternate format by calling our ADA Coordinator at(67)574-69II.
436 Dwlg6t Street•Springfield Massachusetts 01103•FAX(413)
Paper (413)746-6620•Telephone(413)704-1100
70 Printed on
Street Extension,Northampton
1-14568
e of Responsibility
;ription of potential liability. For your convenience,a summary of liability under M.G.L. c.21E
lathed. including claims
a should be aware that you may have claims against third parties for damages,
which establish the time allowed for bringing litigation. The Department
contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely efiitel third
governed by laws, such claims you may
:ourages you to take any action necessary to protect any
Ries. ediate
ou are reminded that the Department approved the following response actions as an Imm
espouse Action(IRA): deployment of absorbent and containment materials, and excavation of up
150 cubic yards of contaminated soil.
.pecific approval is required from the Department for the implementation of all IRAs with the
of signs. Additional submittals are necessary
xh regard d the his notification fca a fence i g, but t not limited to, the filing of an IRA Completion
with regard d this sose c inclOutco, O statement. The MCP requires that a fee of
artment when an RAO statement is filed greater than 120 days from
Statement and/or Response Action Outcome (RA
5750.00 be submitted to the Department
the date of initial notification. generated at the subject
It is important to note that you must dispose of any Remediation Waste g
40.0030 including, without limitation, contaminated soil
accompanying such waste must bear the seal and signature of a
location in accordance with 310 CMR
and/or debris. Any Bill of Lading contact the LSP Board of Registration at (617) 556-
1145
Licensed bite Professional r LSP list.You may ent has listed Evan Johnson of Tighe &
1145 to obtain the current LSP list. Presently, the Department
Bond Consulting Engineers as LSP-of-record for this release.
If you have any questions relative to this notice,you should contact the undersigned at the letterhead
address or at (413) 755-2246. All contained e communications ns block regarding g is s release must reference the
Release Tracking
1 •i 4/
2
avidA.S .. k
Section Chief
Emergency Response
DAS/ds/kml
/:14568mf
Enclosure:Release Notification Form;BW SC-103
Certified Mail#P 7001 2510 0002 9557 2514, Return Receipt Requested
cc: Northampton:
Health Department
Mayor's Office
Evan Johnson-Tighe&Bond
.yor Mary Clare Higgins
rthampton City Hall
Main Street
irthampton, MA 01060
Tiighe&Bond
Consulting Engineers
Environmental Specialists
N-0495-1-58
November 12, 2002
Re: RAO Submittal pole# 4-03
Pine Street Extension,
Northampton
RTN 1-14568
tear Mayor Higgins:
n MCP, 310 with 0.1 public(3) )), we are providing enotification oar the submittal of Contingency Response
MCP, 310 Outcome (RAO) at3)(d)),
number (WIN 1-
Action Outcome (RAO) at the above-referenced site. The release tracking
14568) was issued for a release of non-PCB transformer oil.
via excavation of impacted soil d off-site to disposal,
the
The release was successfully remedcan Risk of harm to health, safety, public
such that a condition ofachieved for the release. Consequently, a Class A-2 RAO has been
envirortment has been
prepared for this spill.
A copy of the RAO submittal can be obtained from the Western Regional he d ece of the
edDEP
Paat
436 Dwight Street in Springfield, MA. Public file review sessions are
For more information about file review, please call the DEP Service Center at 413-784-1100.
If you have any questions regarding thus, please contact the undersigned at(413) 562-1600.
Very truly yours,
IGHE &BOND,
11 4
an T. Johnson, P.B., LSP
Vice President
J:\N\NO495\REPOR DI30 of Health
Copy: Norssa hu Western Region
Massachusetts DEP,
Charles Borowski, Northampton DPW
Westfield, MA 01085 CT, 413-562-1 and Worcester,o . 413-562-5317
ffi
53 Southampton Road, Middletown,
Offices: Bellows Falls,
Original punted on reryded paper.
—
Northampton
RTN I-14723
Notice of Responsibility
Page 2 of
contribution or You should be aware that you may have claims against third parties for damages, including claims kit
governed by laws'wh which establish the time allowed for bringing litigation. The Department encourage
you to take any actions necessary to protect any such cleanup.
lams you may have not exist indefinitely third arti s. are
Specific approval Y have against third parties.
pproval is required from the Department for the implementation of an I
assessment activities,the construction ofa fence and/or posting of signs.
necessary A with the exceptio.
ary with regard to this notification including, but not limited to,the filing of MA Completion
are
Statement and/or Response Action Outcome(RAO)statement. The MCP requires submitted to the De g IRA Completion
initial notification. pent when an RAO Statement is file 9uires that a fee of$750.0!
tiled-greater than 120 days from the date of
IRA Oral Plan A roved
The Department has approved the following response actions as an Immediate Response Action(IRA);
Use of sorbent materials to remediate the released oil;
Evacuation of tank contents and removal of the UST;
Additional assessment as necessary.
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 ofa Licensed Site
Professional(LSP). You may contact the LSP Board of Registration at 617/556-1145 to obtain the
current LSP list. Presently, the Department has listed Rick Lamothe of Cyn Environmental Services,Inc.as
LSP-of-record for this release.
If you have any questions relative to this notice,
you should contact Scott Smith at the above letterhead
address or by telephone at 413-755_2149 All future communications regarding this release must
reference the Release Tracking Number(RTN)contained in the subject block of this letter.
Certified Mail No. 7002 0860 0005 4379 0131
cc: Northampton
Board of Health
Fire Department
Board of Selectmen
Rick Lamothe, Cyn Environmental Services,Inc.
Attachments to Addressee only:
Release Notification Form; B WSC-003 and Instructions
Summary of Liability under M.G.L. c.21E
vid A. Slow
Section Chief
Emergency Response
4EY
ALEY
Governor
COMMONWEALTH OF]MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)7844100
February 11, 2003
RGENT LEGAL MATTER:PROMPT ACTION NECESSARY
ERTIFIED MAIL:RETURN RECEIPT REQUESTED
Iodhampton Investments,LLC.
tax 771
iolyoke,MA 01040
Attn:Eric Suher
Re:
ELLEN ROY HERZFELDE
Secretary
LAUREN A.LISS
Commissioner
Northampton
8 Pearl Street
RTN 1-14723
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY
M.G.L.c.21E and 310 CMR 40.0000
Dear Mr. Suher: ent of
provided to the Massachusetts Demnt of
On Environmental lQ 2003 iO (the Department)of a re ease/threat of release of greater than ten gallons Eppirenmentae Piotrotion(the abandoned
$ at the above-referenced location.In
apparent waste oil from an abandoned 40.0333 fur storage requires m"s th t the completed lethe el ase Notification
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
refers to Northampton
pgp with r,"you" refers
Section N SA of M.G.L.c.
The Department has are reason to Bally responsible ou p used in Pis letter, y
Investments,LLC.)see a i t",m a ni hat is party(PRP)
2l E. This liability is"strict",meaning that it is not based on fault,but solely on your slams as owner,
operator, generator,transporter,disposer or other
are hiabpe for all reifies costs incurred A a disposal site even
her person specified in said Section SA. This liability Is
also"joint and several",meaning that you
there are other liable parties.
ro riate actions in response to releases and
The Department encourages oil an and/or hn r take patmpt an y to
res nse actions,y
threats a tly ow r oil r assessment ent and leanuplc. is taking void liability iry�fpor annual red by he
Department in taking such actions.You may also avoid or reduce certainy for costs incurred co by the
of liability under M.G.L.c.21E is attached.
fees payable er under
ur convenience,1
00. Please
lease refer to M.G.L. c.21E for a complete description of potential
liability. your
information u available in alternate forme.Call Aprel McCabe,ADA Coordinator at I-617456-1111.TDD Senice-1-800-2911-2201.
DEP on the World Wide Web-. bdpJMww.mass.9oWLep
0 Printed on Recycled Paper
NEY
•ALEY
;Governor
1r. Eric Suher
tox 771
Iolyoke,MA 01040
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)7844100
ELLEN ROY HERZFELDER
16, 2003 EDWARD P.KUNCE
April Acting Commissioner
Re:Northampton
8 Pearl Street
RTN # 1-14723
Immediate Response Action Plan Aparoval
Dear Mr. Suher,
The Department of Environmental Protection, Bureau of Waste Site Cleanup Department),
(the
prepared on
received an Immediate Response Action(IRA) on April 11,2003,for the property(hereafter
RA)Plan
Massachusetts. The P
the c "site") located at 8 Pearl Street in Northampton,
your behalf by Tithe and Bond,Inc.
The p proposes Department approves the IRA plan as proposed with the
ran ro oses the removal of the underground storage tank at the site and excavation oft the
associated contaminated soils. The Departm PP
following conditions:
• In consideration of any excavatedasthe shall be stored in
e area roll offs, within thefrbays
pedestrian garage traffic, any owned or controlled by you.
of the garage area, or off-site at another property
one day, the excavation a hole.Tn the event that the excavating takes more than edestrians to the op
•
backfilled and/or secured to ensure no o access is available by p
This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at l-617-556-1111.TIM Service-1-800.29&4207
DEP on me World Wide Web: btlp'.IMVnv--mass govldep
et Printed on RecFled Paper
Lawton
1-14723
,pproval
rou have any questions relative to this notice,you should contact Scott Smith at the letterhead
]Tess or at 413-755-2149.
Sincerely,
David S o ck
Section Chief
Emergency Response
cc:Northampton:
Board of Health
Fire Department
Board of Selectmen
Evan Johnson,LSP,Tighe and Bond
4ayor Clare Higgins
,ity of Northampton
:10 Main Street
4orthampton, Massachusetts 01060
Tighe&Bond
Environmental Specialists
N-393-2-58 (1160)
June 17, 2003
Re: Response Action Outcome
8 Pearl Street
Northampton, Massachusetts
DEP Release Tracking Number 1-14723
Dear Mayor Higgins.
In accordance with the public notification requirements of the Massachusetts
Contingency Plan MCP),
310 CMR 40.1403(3)(1), we are hereby notifying you of the
O for the above-referenced site.
Northampton of a Response Action Outcome (lta Immediate Response Action (IRA)
Northampton tnvessments, LLC.,n conducted an
consisting of the use of absorbents used for wastetoil spill
torage. A reportable release t of
underground storage tank
did not occur occurr as a result of the spill and current site conditions are in compliance
with the Massachusetts Contingency Plan (MCP).
]ete response actions at this site. A copy of the RAO
A Class A-2 RAO has been filed with the Massachusetts Department of Environmental
report (MDEP) roview
report is available for review at the MDEP office in Springfield. File review ours are
held on Wednesdays between the hours of 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to
4:00 p.m. For additional information relative to file reviews, please contact MDEP at
(413) 784-1100.
Very truly yours,
TIGHE & BOND, INC.
, for
Evan T. Johnson, P.E. LSP
Vice President
cc: Cynthia A. Dourmashkin, Northampton Health and Human Services
Massachusetts Department of Environmental Protection
Eric Suher, Northampton Investments, LLC.
Matt Murphy, Cyn Environmental Services
S5 TeL 13-Pocass0 IviF' and
53 Southampton Road,VT;Mid Westfield, MA OT;Norwalk,Tel. 913-562-1600 Fax. 413-562-5317 Offices: Bellows Fulls, JT, Middletown, CT;
Original printsi an recycled paper.
Northampton
RTN I-14972
Notice of Responsibility
The information provided as part of your notification also indicates that you are a
potential liability for response action costs and damages under M.G.L. c. 21E, 5.
party with
summary is intended to provide you with information about liability The attaches
you in deciding what actions to take in response to this notice. ty under Chapter 21 E to assis.
You should be aware that you may have claims against third parties for damages, including
for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely I
are governed by laws which e claim
encourages establish the time allowed for bringing litigation. The Department
you to take any action necessary to protect any such claims you may against t t
parties. y have against thin
ACTIONS UNDERTAKEN TO DATE AT THE
A release was discovered on April 21,2003, at approximate) 2:00 PM during
automotive lifts inside the on-site building located at 8 Pearl Street. Approximately 20 cubic yard
were excavated and stockpiled inside the building using the removal of a Soil samples collected at the limits of the excavation indicated the presence of EPH and(PAH in
n
concentrations greater than the applicable Reportable Concentrations )
NECESSARY RESPONSE ACTIONS AND APPLICAB
Within 60 days of the date of notification to the Department,you us DEADLINES
written RAM plan, a RAM Completion Report or a Response Action sOutcomee((RAO
Statement. Any such submission shall be accompanied by the RAM fee and the RAO statement
fee, if applicable, specified in 310 CMR 4.00. (RAO)
No disposal site will be deemed to have had all the necessary and required response actions taken
for it unless and until all substantial hazards presented by the release and/or threat of release have
been eliminated and a level of no significant risk exists or has been achieved in compliance with
M.G.L. c. 2 I E and the MCP.
The MCP requires persons undertaking response actions at a disposal site to submit to the
Department a Response Action Outcome Statement prepared by a Licensed Site Professional upon
determining that a level of no significant risk already exists or has been achieved at the disposal
site.
Unless otherwise provided by the Department,responsible parties have one year
date notice of a release or threat of release is provided to the De
40.0300 or from Y from the initial
the date the Department issues a Notice of Responsibility,pursuant to 31 whichever occurs�
earlier,to file with the Department one of the following submittals. (1)a completed Tier
Classification Submittal; or(2) a Response Action Outcome Statement; or 3
Property Status Submittal. If required by the MCP, a completed Tier 1 Permit Application
also accompany (3)a Downgradient
pany a Tier Classification Submittal. The deadline for these submittals tlris disposal
also
eia compa y tier
4EY
ALEY
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)764.1100
August 25, 2003
RGENT LEGAL MATTER:PROMPT ACTION NECESSARY
ERTIFIED MAIL
4orthampton Investments,LLC.
47 Jackson Street;Box 771
rlolyoke,MA 01041
Attention:Mr.Eric Suher
ELLEN ROY Secretary
ROBERT W.GOLLEDGE,Jr.
Commissioner
Re: Northampton
8 Pearl Street
Release Tracking# 1-14972
NOTICE OF RESPONSIBILITY
M.G.L. c.21E and
310 CMR 40.0000
Dear Mr. Suher:
(RNF)was received by the
and
On August in 2003 at 2 P.M.,a Release Notification Form( hydrocarbons(E PH)Department indicating that concentrations of extractable s e subject property(the site)exceed
your behalf by Tighe and Bond,
aplynnear aromatic Concentrations.s.The you(as used in this letter
. n light applicable Reportable iinformation,Concentrations.par RNF wishesbto ensure that y u and sad responsibilities
i letter Inc. Inrefers e to this Investments, are aware of your rights"you" has Massachusetts Northampton Respo
under the Massachusetts Oil and Hazardous Material Release laseCpre 310 CMR 40.0000.
Response Act,
M.G.L. c.21E, and the Massachusetts Contingency Plan(MCP),
The
as Teen subject provided
le as part of your notification indicates that the aboveernf ties crap excess
of applicable to a release of oil y and/or r portable s ntrati in Based si this information,
of site which
of the applicable reportable quantity or reportable concentration.ortions thereof, on this ulformation,the
Department has reason to believe that the property, P
requires a response action. The cleanup of disposal sites is governed by M.G.L.c. 21E and the
MCP.
This information is available in alternate formal Cal r McCabe.ADA Coordinator a1 67- 56-1171 TOD Sere e80039&2101.
DEr o p Widens/en Cwwa_ t -61
Printed on Reryded Paper
tampion
1-14972
;e of Responsibility once
ddition,the MCP requires responsible parties and any other person undertaking response
ons at a disposal site to perform Immediate Response Actions in response to sudden releases,
se t nt continue
valuate the Hazards
eed for Immediate ResponAct ons and notify the Department immediately if
:h a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
ie Department encourages parties having liability under M.G.L.c.21E to take prompt action in
.b e parties emayesignificanntly lower cleanup costs and avoid materials. By
of,orgreduce thecnon,
nount of, certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00
;.g.,no annual compliance assurance fee is due for Response Action Outcome Statements
'banned to the Department within 120 days of the initial date of release notification).
Jou must employ or engage a Licensed Site Professional to manage, supervise or actually perform
L11 response actions which you intend to undertake at this disposal site. You may obtain a list of
he names and addresses of Licensed Site Professionals by contacting the Board of Registration of
Hazardous Waste Site Cleanup Professionals by telephone at(617) 556-1145 or in person n o or listed
by
mail at One Winter Street,6th Floor,Boston,Massachusetts 02108. The Departm ent has
Evan Johnson as LSP for this site.
If you have any further questions,please contact Scott Smith at the e des es d a d should or at(413)
755-2149. All future correspondence communications regarding P
the Release Tracking Number listed in the subject block of this letter.
Sincerely,
(
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
Certified Mail No. 7001 1140 0003 4427 9652
cc: Northampton
Fire Department
Health Department
Mayor's Office
Evan Johnson,Tighe and Bond,LSP-of-Record
Attachment to addressee only:
Summary of Liability under M.G.L. c. 21E
Mayor Clare Higgins
City of Northampton
210 Main Street
Northampton, Massachusetts 01060
Tighe&Bond
Environmental Specialists
N-393-2-58 (1160)
October 20, 2003
Re: Response Action Outcome
8 Pearl Street
Northampton, Massachusetts
DEP Release Tracking Number 1-14972
Dear Mayor Higgins:
In accordance with the public notification
are hereby requirements o notifying the Massachusetts of the filing
Contingency Plan (MCP), 310 CMR 40.0000,
of a Release Abatement Measure (RAM) Plan for the above-referenced site.
Northampton Investments, LLC., identified a reportable historic release of hydraulic
fluid to soils at the site. Current site conditions are in compliance with the
Massachusetts Contingency Plan (MCP)..
A. RAM Plan has been filed with the Massachusetts Department of Environmental
Protection (MDEP) to complete response actions at this site. A copy of the Ram Plan
report is available for review at the MDEP office in Springfield. File review hours are
held on Wednesdays between the hours of 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to
4:00 p.m. For additional information relative to file reviews, please
(413) 784-1100.
Very truly yours,
TIGHE &BOND, INC.
C_--
Vcirl ctriT)
Evan T. Johnson, P.E. LSP
Vice President
cc: Cynthia A. Dourmashkin, Northampton Health and Human Services
Massachusetts Department of Environmental Protection
Eric Suher, Northampton Investments,
53 Southampton: Bs F Road,VT;Middletown, CT Norwalk, CT;Pocassei MAAaand1Worcester,, MA
Offices: Bellows Falls,
Original punted on recycled paper.
irge Andrikidis, P.E.
hector.City Engineer
CITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060-2066
413-587-1510
Fax 413-587-1576
March 6, 2006
Northampton Health Care
737 Bridge Road
Northampton MA 01060
Re: Sewer Use Ordinance Violation
Certified Letter # 7005 1160 0004 2372 7654
Dear Property Owner:
On 14,
g illegal discharges to Care
sanitary sewer letter system and requesting you to of
contact the DPW to discuss the matter. The illegal discharge consists of rags, heavy paper
towels and other linens. (See attached Section 22.43 of the Sewer Use Ordinance).
As yet, we have not received any reply from you and on March 3, 2006 a visual inspection of
the manhole n Prospect accumulated c Avenue a indicated that the illegal discharge is continuing. Photos were
nowcsubject to a
subjl fine of Five sThousand ($5,000.00) Dollars, payable to the City of Northampton.
In acorance This fine is due within one week of the receipt of this letter.
one week tof receipt of this also this tissuee. Failure tt of submit his plan will
constitute recurring violations and additional fines will be levied retroactive to the date of
receipt of this letter.
Sir}cerely, 4 /.�
r�G YLr
George Andrikidis, P.E.
Director— DPW
Enclosure
cc Mayor Mary Clare Higgins
Anthony Patillo, Building Commissioner
C:\Pers\737BridgeRoadSewerViolation
Board of Public Works
Ernest Mathieu, Board of Health
CITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060
413-587-1570
Fax 413-587-1576
George Andrikidis, P.E.
Director
February 13,2006
Northampton Health Care
737 Bridge Road
Northampton,MA 01060
CERTIFIED MAIL#7004 1160 0005 0266 1016
Re: ILLEGAL DISCHARGE TO SANITARY SEWER
Dear Property Owner:
It has come to the Northampton Department of Public Work's (DPW) attention that your facility
is discharging illegal material to the City's sanitary sewer system. The illegal discharge consists
of rags,heavy paper towels and other linens. These materials have the capability of causing the
system to clog, which in turn will cause sewer backups into residential homes.
The discharge of these materials is illegal under the City's Sewer Use Ordinance, specifically
Section 22.43(6) (attached). Your facility is required to take immediate action to ensure that
these items do not continue to be discharged to the City sewer system. Appropriate action(s)
acceptable to the City would include debris racks and daily cleaning. We request that you
contact this Department no later than February 24. 2006 to discuss this matter.
Sincerely,
Ned Huntley, P.E.
City Engineer
enclosures
c: BPW
George Andrikidis, P.E.
Charlene Shea,WWTF
Anthony Patillo, Building Commissioner
pp/.. U Bridge RcaC'Sewer rags 737 brdge road 020406 doe
'ROMNEY
rnor
RY NEALEY
tenant Governer
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)7841 100
ROBERT W GOLLEDGE,Jr.
Secretary
ARLEEN 0"DONNELL
Commissioner
URGENT LEGAL MATTER
Northampton Investments, LLC
Mr. Eric Suher, Owner
47 Jackson Street
P.O. Box 771
Holyoke,MA 01041
November 17, 2006
Re: Northampton
RTN 1-14972
8 Pearl Street
ESTABLISHMENT OF INTERIM DEADLINE
Dear Mr. Eric Suher:
On August 19, 2003, the Department was notified of a release of hydraulic fluid, which was
ton Investments, LLC, on August 25, 2003, and on August 19, 2004, a
discovered during the removal of five hydraulic lifts at the above site. A Notice of Responsibility
was issued to Northamp
Tier II Classi fication, submitted by Northampton Investments, LLC,became effective for the site.
In accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000, you ("you"
refers to Northampton Investments, LLC)have two years from the Tier II effective date to submit
a Phase II Report and a Phase III Remedial Action Plan.
On November 6, 2006, the Department received Request
an IntExtension of of November Time
r the a
completion of a Response Action Outcome (RAO), for
1, 2006, had been established. The Request for Extension was submitted on your behalf by Paul
G.Beaulieu of Tighe and Bond.
The Department believes that "Notification", by persons who are conducting response actions
[310 CMR 40.0550(5) or 40.0560(5)], of delay in meeting a regulatory deadline, does not
This information is available in alternate format.Call Donald N.Games,ADA Coordinator at 617-556-1057.TOD Service-1-800-29S-2101.
MassDEP on Me World htt
doWeb-Recycled state ma usltlep
Interim Deadline 1-14972
constitute an extension to the applicable deadline. While the Department appreciates this
advanced notification of delay in compliance, please be advised that the Department cannot
extend any of the Phase Report "regulatory" deadlines set forth within the Massachusetts
Contingency Plan (MCP). The Department can, however, establish Compliance Deadlines and
utilize its enforcement discretion not to proceed with enforcement actions against you while the
set Compliance Deadline is in effect.
For this case, the Department, pursuant to 310 CMR 40.0167, is granting the extension of time
and establishing December 31, 2006, as the Interim Deadline for you to submit an RAO
Statement or the Phase II Comprehensive Site Assessment Report and the Phase III Remedial
Action 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,
This hel Oeemni cpysleap Preri&d nyee demwkilb by the
Deprlmn et EUVkemWUM PMec W 6 A*nd cep of this damun
nmIle M HeDEP UBZt U ed n the Mi rlla&
Richard M. Green
Section Chief
Site ManagementlPermits
Bureau of Waste Site Cleanup
1-14772.id.BK
cc: Site files,BWSC,WERO
ecc: Northampton Mayor's Office
Northampton Board of Health
Paul G. Beaulieu,LSP
Denise Andler,DEP-WERO
L L PATRICK
nor
THY P.MURRAY
nant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street.Springfield,Masaachusete 01103. (413)784-1100
February 23,2007
CERTIFIED MAIL#7006 0100 0000 5168 2448
Northampton Investments,LLC
Mr.Eric Suher,Owner
47 Jackson Street
P.O.Box 771
Holyoke,MA 01041
IAN A.BOWLES
Secret am
.ARLEEN ODOS-NELL
Commissioner
RE: NOTICE OF NONCOMPLIANCE
Northampton
RTN 1-14972
8 Pearl Street
NON-WE-07-3011
Failure to Comply with Massachusetts
Contingency Plan Deadlines
Dear Mr.Eric Saber:
The Department of Environmental Protection(the Department)has determined that Northampton
Investments,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 11 Comprehensive Site Assessment Report and a Phase 111
Remedial Action Plan,if applicable,or a Response Action Outcome,by 12/31/06,in
accordance with an Interim Deadline established in a Department letter dated November
17,2006.
This in 10111111 Is.anblt In alternate format.Call Donald M Gomm ADA Coordinator at 617-556-1057 Tpo Sen is-140619[-2707.
DEP M the WWald We Web'. hap./Nam mass 9w/dep
" Pnald M Recycled Paper
*ON-W E-07-3011,RTN:1-14972
Page 2
If the required actions are not completed by the deadlines specified below,an administrative penalty
may be assessed for every day after the date of this Notice that the noncompliance occurs or
continues. Such a penalty may be assessed in an amount of up to$l,000.00 per violation per day.
Attached 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
describing 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
ht
explanation
gov/dep/bw requirements.regs.htm. Copies may be purchased through the State bBook at
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.about this Notice I If you have any questions
contact Michael Scherer at 413-755-2278 Baffour Kyei at 413-755-2158.med in i`please
In responding to this Notice of Noncompliance,please reference the Release Tracking Number,
RTN 1-14972,and the Enforcement Tracking Number,NON-WE-07a011,to ensure proper
tracking of your response.
Sincerely,
This final document copy is being provided to you
electronically by the Department of Environmental
Pro action. A signed copy of this document is on file at
DEP office listed on the letterhead.
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
Certified Mail#: 7006 0100 0000 5168 2448,Return Receipt Requested
Enc. Notice of Noncompliance
ecc: Northampton Mayor's Office
Northampton Health Department
Marc 3,Richards,LSP
Denise Andler,DEP-WERO(ec)
2
petered:TS
NOTICE OF NONCOMPLIANCE
NON-WE-07-3011
RTN: 1-14972
THIS IS AN IMPORTANT LEGAL NOTICE.
FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
NAME OF ENTITY IN NONCOMPLIANCE:
Northampton Investments,LLC,47 Jackson Street,P.O.Box 771,Holyoke,MA 01041
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
8 Pearl Street,Northampton,MA
DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
12/31/06-due date for submittal of a Phase II Comprehensive Site Assessment Report and Phase
III Remedial Action Plan,if applicable,or a Response Action Outcome,as
established in an Interim Deadline letter dated November 17,2006.
DESCRIPTION OF REQU(REMENT(S)NOT COMPLIED WITH:
Violation of 310 CMR 40.0167—failure to comply with an Interim Deadline.
On August 19, 2003, the Department was notified of a release of hydraulic fluid, which was
discovered during the removal of five hydraulic
t 25, lifts at the August ite.201A Notice Tier 11
Responsibility was issued to you,
Classification, submitted by you, became effective for the site. In accordance with the
Massachusetts Contingency Plan (MCP), 310 CMR 40.0000,you had two years from the Tier II
effective date to submit a Phase II Report and a Phase 111 Remedial Action Plan.
The epartment received a letter on subm August requesting extension
ittal of he Phase 11 Report and thePhase 111 Remedial Action Plan or a Rt sponsd1Action
Outcome (RAO) until November 1, 2006. In a letter dated August 31, 2006, the Department
established November I, 2006, as an Interim Deadline for these submittals. On November 6,
2006, the Department received a letter requesting an additional extension of time for the
completion of a RAO, until December 31, 2006. In response, the Department established an
Interim Deadline of December 31, 2006, for the
the Department documents in a
third request for an
dated November 17, 2006. On January 22, P
extension of time for the submittal of the above documents,until March 9,2007.
*ON-W E-07-3011,RTN:1-10972
Page 2
ACTION(S)TO BE TAKEN AND THE DEADLINE(S)FOR TAKING SUCH
ACTION(S):
Submit to the Department the following:
A Phase 11 Report and, if applicable, a Phase III Remedial Action Plan prepared by a
Licensed Site Professional (LSP) in accordance with the MCP (310 CMR 40.0800), or a
Response Action Outcome (RAO) Statement prepared by an LSP in accordance with 310
CMR 40.1000 by March 19,2007.
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:
Date: 223/07
2
This final document ropy is being provmcd to you
electronically by the Department of Environmental
Protection. A sinned copy of tins document is on file at the
DEP office listed on the letterhead.
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup
Mayor Clare Higgins
City of Northampton
210 Main Street
Northampton, Massachusetts 01060
Tighe&Bond
Consulting Engineers
En
vironmental Specialists
N-393-4-64
March 16, 2007
Re: Notification of Response Action Outcome
8 Pearl Street
Northampton, Massachusetts
RTN 1-14972
Dear Mayor Higgins:
In accordance with the Public Notification Procedures of the Massachusetts Contingency Plan
(MCP 310 CMR 40.1403(3)(t) and (h) and 310 CMR 40.1406), we are writing to notify you of
the submittal to the Massachusetts Department of Environmental Protection (DEP) of a Response
Action Outcome (RAO) Statement for the release that occurred at the site referenced above.
As summarized in the RAO, the DEP assigned Release Tracking Number (RTN) 1-14972 to the
site on August 25, 2003 for the 120-day reportable release identified in site soils from a
historical release of oil from automotive hydraulic lifts in the site building. Under a Release
Abatement Measure Plan, approximately 20 cubic yards of contaminated soils were removed
from the former hydraulic lift areas and properly disposed off-site. Based on the findings from
additional site assessment and risk characterization, a Class A-2 RAO has been prepared for the
release, indicating that a condition of No Significant Risk of harm to health, safety, public welfare
and the environment exists at the site.
A copy of the referenced submittal is available for public review at the Western Regional
office of the Massachusetts Department of Environmental Protection (DEP) at 436 Dwight
Street in Springfield. Should you have any questions regarding this notification, please contact
Todd Kirton of Tighe &Bond at (413) 572-3222 or the undersigned at 508-754-2201.
Very truly yours,
TIGHE & BOND, INC.
Marc J. Richards, P.E., LSP
Project Manager
J:\N\N0393\Method 3-RAO-AUL\RAO Report\RAO Notification.doc
Enclosures
Copy: Ernest Mathieu, Director of Northampton Board of Health
Massachusetts Department of Environmental Protection
Eric Suher, Northampton Investments, LLC
53 Southampton Road• WesLfield. MA 03085•Tel. 413-562-1600•Fax
wmtwdgheboncl.corn
13-562-5317
Smith College
Notice of Responsibility
RTN!-/6785
Page 2
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 actions necessary to protect any such claims you may have against third parties.
At the time of notification, the Department approved the following response actions as immediate
Response Actions(IRA), subject to your retainment of a Licensed Site Professional (LSP):
1. Excavation and proper disposal of up to 150 cubic yards of fuel oil contaminated soil;
2. Pumping and proper disposal of fuel oil contaminated groundwater, as necessary;
3. Performance of confirmatory sampling, as needed,to determine if further remedial action is
necessary;
4. Completion of assessment activities.
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$1,200.00
be submitted to the Department when an RAO Statement is filed greater than 120 days from the date of
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
Profession (LSP). You may obtain a list of the names and addresses of LSP5 by contacting the Board of
Registration of Hazardous Waste Site Cleanup Professionals by telephone at(617)556-1091 or in person or
by mail at One Winter Street, 3rd Floor, Boston, Massachusetts 02108. Presently, the Department has
listed Richard Geisler as the LSP-of-record for this release.
Unless otherwise provided by the Department, responsible parties have one year from the initial date
notice of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or
from the date the Department issues a Notice of Responsibility, whichever occurs earlier, to file with the
Department one of the following submittals: (I) 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 September 1 9 2008.
,L.PATRICK
:HY P.MURRAY
nant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY &ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL
Mr.Richard Korzeniowski
Environmental Health&Safety Manager
Smith College
126 West Street
Northampton,MA 01060
IAN A BOWLES
Secretary
LAURIE BURT
Commissioner
September 19. 2007
Re: Northampton
36 Paradise Road
Release Tracking# 1-16785
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40.0000
Dear Mr.Korzeniowski:
On September 19, 2007, at 3:30 P.M., Mr. Joe Orszulak of Environmental Compliance Services (ECS)
provided notification on your behalf to the Department of Environmental Protection(the Department) of
a.release of#2 fuel oil at the subject location(the site). As reported, during the removal of a 500-gallon
42 fuel oil underground storage tank(UST) at the site, signs of a release were observed. ECS personnel
from a soil
inspected the site and obtained headspace readings greater than 100 parts per million @pm)
f
sample collected from the UST excavation. This condition constitutes a reportable release/threat se/threeaat t o
o
release as listed in the Massachusetts Contingency Plam, 310 CMR 40.0000 (the "MCP"). I addition
oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (RNF)
be submitted to the Department within 60within 60 c of the date of oral notification.
The Department that the release that was alsite
defined in te MCP. The D partmental o has reason obeevethat you (as used in this etter `you"
refers to Smith College) are a potentially responsible party (PRP) with liability under Section 5(a) 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 5(a). 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 Call Donald M.Gomel,ADA Coordinator at 60-556-109.TDD Service-1-800.298-2207.
DEP on the World Wide Web: hPplMw.w.mass govmep
Ci Printed on Recycled Paper
Smith College
Notice Respo nsibility
RTN 1-16785
Page 3
If you have any questions relative to this notice,you should contact Stacey Dakai at the above letterhead
address or by telephone at 413-755-2149. All ed in the communications regarding of rhis letters release must
reference the Release Tracking Number(RTN) o
Sincerely,
David A. Slowick
Section Chief
Emergency Response
DAS:SAD:kml
P:16785nor.doc
Certified Mail No. 7005 3110 0001 3150 3464
cc: Northampton
Mayor's Office
Board of Health
Fire Department
Richard Geisler,LSP,ECS
Attachments to addressee only:
Release Notification Form:BWSC-003 and Instructions
Summary of Liability under M.G.L. c.21E
588 Silver Street.Agawam.
Mayor Higgins
City of Northampton
210 Main Street
Northampton,MA 01 103
Via Certified Mail
RE'. 36 Paradise Road
Northampton,MA 01060
RTN 1-16785
A 01001 tel 413 789 3530 flax 413 789 wwwecsconsultcom
December 4,2007
Project No. 01-209404.00
Document No. 34655
Dear Mayor Biggins:
On behalf of Smith College Environmental Compliance Services, Inc. (ECS)submitted a Initial Immediate
2007. Plan copy the
f the resort can be obtained by contacting ont cting he Department of(MassDEP)on
Protection,436
2007.Dwight copy P
bmtaltpleascudo not hesitate toledont contact our office.ou should have any questions concerning this
Sincerely,
ENVIRONMENTAL COMPLIANCE SERVICES,INC.
William BoroWIec
Project Manager
WB'smj
cc: Board of Health-Via Certified Mail
Massachusetts DEP-Via Certified Mail
4 SDTYN£r?li=.PY a 81DR1»A 4 .iM?ASSAC. 5£R•5 4 NEW SIikMTSHIRE 'NORTH iARDlI14A .. ID ., NiiIMDNT
285 Prospect Street,Northampton
RTN I-16873
Notice of Responsibility
Page 2 of3
ACTIONS UNDERTAKEN TO DATE AT THE SITE
On December 18, 2007, the Department received a Release Notification Form (RNF) indicating that soil at
the site has been impacted by C°-C" aromatic hydrocarbons exceeding reportable concentrations. Please
submit to the Department a re.ort summarizin• the recent sam.lin• and environmental assessment activities
completed at the site relative to this condition within 30 da s of the date of this letter
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary and required response actions taken for it unless
and until all substantial hazards presented by the release and/or threat of release have been eliminated and a
level of no significant risk exists or has been achieved in compliance with M.G.L.c.21E and the MCP.
The MCP requires persons undertaking response actions at a disposal site to submit to the Department a RAO
Statement prepared by a LSP upon determining that a level of no significant risk already exists or has been
achieved at the disposal site.
Unless otherwise provided by the Department, responsible parties have one year from the initial date notice
of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date
the Department issues a Notice of Responsibility,whichever occurs earlier,to file with 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 December 18
2008.
In addition, the MCP requires responsible parties and any other person undertaking response actions at a
disposal site to perform Immediate Response Actions in response to sudden releases, Imminent Hazards and
Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for Immediate
Response Actions and notify the Department immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L. c.21E to take prompt action in response to
significantly lower threats release of
oil and
avoid t�ampos materials.
By
duce the amount of, certain liable parties may
annual compliance assurance fees payable under 310 CMR 4.00(e.g.,no annual compliance assurance afee is
due for RAO Statements submitted to the Department within 120 days of the initial date of release
notification).
You must employ or engage a 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 in person or by mail at One Winter Street,Boston,Massachusetts 02108.
PATRICK
P.HURRAY
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
he Earl F.Rolland Family Trust
44A North Main Street, Ste. 315
ast Longmeadow,MA 01028-0000
lttn:Todd Rolland,Trustee
January 3, 2008
Re: Northampton
285 Prospect Street
RTN 1-16873
Oil Release
M.G.L.c. 21E
NOTICE OF RESPONSIBILITY
M.G.L.c.21E 310 CMR 40.0000
IAN A BOWLES
Secretary
LAURIE BURT
Commissioner
Dear Mr.Rolland,
Thank you for submitting the Release Notification Form received by the Department on December 18,20
The Release Notification Form indicates that soil at the subject location(the site) is impacted by petroleum.
In light of .
responsibilities sunder the assachusetts Oil and Hazardous Material that Prevention and Response se Act,
M.G.L.c.21E,and the Massachusetts Contingency Plan(MCP),310 CMR 40.0000.
The information contained in your submittal indicates that the above-referenced property has been subject to
a release of hydrocarbons in excess of the applicable reportable quantity or reportable ble concentration. Based
or thereof, is a disposal
on this information,the Department has reason to believe that the property; P
site which requires a response action. The cleanup of disposal sites is governed by M.G.L. c. 21E and the
MCP.
The information F. Rolland Family Trust)ins your submittal a party also indicates otential liability used in this letter"you"
response action costs refers to The
Earl F. Rolland 1E, § 5T The aareeparty P
under M.G.L. c. 21E, § 5. The attached summary is intended to provide you with information about liability
under Chapter 21E to assist you in deciding what actions to take in response to this notice.
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
finely but are
indefinitely u[ are
governed by laws which establish the time allowed for bringing litigation. The Department
to take any action necessary to protect any such claims you may have against third parties.
This information is available in alternate formal Call Donald M.Comes,ADA Coordinator at 617-S56-1051 TDD Sen'ice-1-900398420'1.
DEP on the World Wide Web, httpllwww.mass.govldep
0 Printed on Recycled Paper
°rasped Street,Northampton
'1-16873
ce of Responsibility
t 3 of 3
ou have any further questions,please contact Derrick Bruce at the letterhead address or at(413)755-2125.
future correspondence communications regarding the disposal site should reference the Release Tracking
tuber listed in the subject block of this letter.
,GS/dab
6873 NOR.doc
:ncl: 21E Liability Summary
:ertified Mail No. 7007 0710 0003 2181 9031
cc: Northampton:
Board of Health
Board of Selectmen
Sincerely,
Deputy Regional Director
Bureau of Waste Site Cleanup