65 Letters 1990-2000 L 5- GREENBAUM
commissioner
iN J. HIGGINS
regional Director
096artmeat fiS tai.2110.4 Stylizeethy
Weston, ,Wegion,
486 4u tC rind; (*wield, _Kea.. 01108
418 784-7100
Serio's Inc.
65 State Street
Northampton, MA 01060
Attn: Edward Cavallari
Dear Mr. Cavallari:
JUL 2 6 1990
Re: Northampton-ERB-W90-367
SA# 1-0817
65 State Street
LOCATION TO BE
INVESTIGATED
M.G.L. c. 21E and
310 CMR 40.000
The Department of Environmental Protection (the "Department") has determined that
the property at 65 State Street, Northampton, MA (the "Location") is a Location To Be
Investigated ("LTBI") as a possible disposal site as defined in M.G.L. c. 21E and the
Massachusetts Contingency Plan, ("MCP"), 310 CMR 40.000.
On June 5, 1990, a 1000 gallon underground fuel oil storage tank (UST) was removed
from the site by Hatfield Equipment Company, Inc. of Hatfield, MA. Numerous holes
were detected in the UST, and a fuel oil odor was detected in soils below the tank. The
Department, upon notification, required that an environmental consultant be retained in
order to direct removal of contaminated soils from the excavation, and to characterize
the vertical and horizontal extent of soil contamination evident upon removal of the UST.
At the request of Hatfield Equipment Company, Tighe and Bond Consulting Engineers
of Westfield, MA responded to the site, and observed the removal of approximately five
(5) cubic yards of oil contaminated soil from the tank excavation. Ultimately, it was
determined that further excavation of contaminated soils would jeopardize the integrity
of the building foundation and excavation was discontinued. At that time soil samples
were collected by Tighe & Bond to characterize the contaminated soils which remained
in the excavation prior to backfilling with clean fill.
On July 23, 1990, the Department received a letter report summarizing site remediation
activities undertaken under the supervision of Tighe & Bond and the analyses of soil
samples collected from the tank excavation. Sample S-3 (Bottom-1) was collected from
visibly contaminated soils at the base of the west wall, 7-8 feet below grade. Sample S-
4 (Bottom-2) was collected from a tan sand layer 9-10 feet below grade. Finally, a
composite sample was collected from the west, east and north walls of the excavation.
Sample S-3 contained 97,000 parts per million (ppm) of total petroleum
Original Printed on 100% Recycled Paper
rio's Market -�-
drocarbons (TPH), sample S-4 contained 21,000 ppm of TPH, and the composite walls
mple contained 19,000 ppm of TPH. In general, locations which are determined to
environmentally non-sensitive by the Department may require no further action if
sidual TPH levels in soils are below 300 ppm.
ised upon this information, the Department considers this location reasonably likely to
a disposal site. Because this location has been identified as an LTBI, it will be
chided on the list of "Locations and Disposal Sites" published by the Department.
he information currently available is insufficient to allow the Department to confirm
e location as a disposal site. M.G.L. c. 21E and the Massachusetts Contingency Plan
:quire that the following be completed and submitted to the Department:
1. Preliminary Assessment ("PA"), as designated in 310 CMR 40.535 and 40.541.
2. Phase I - Limited Site Investigation, as designated in 310 CMR 40.535 and
40.543.
3. Disposal Site Classification Form.
'hese documents will provide the information needed to determine if the LTBI is a
isposal site and to decide if further remedial response actions are necessary. The
)epartment requires you to submit the documents by no later than 180 days from the
late of this letter.
Ehe tasks that should be completed for a Phase I report are outlined in 310 CMR
10.543. PA forms and Site Classification forms may be obtained as indicated on the
tttached form.
f you perform the activities noted above, the Department will not seek to recover the
;osts it incurs in reviewing the Preliminary Assessment report, the Phase I Limited Site
Investigation report, and the Disposal Site Classification form that you submit to the
Department.
If the Preliminary Assessment and Phase I Limited Site Investigation indicate that the
location is a non-priority disposal site, you may apply for a waiver of Department
approvals. If a waiver application is approved by the Department, response actions may
be completed at the site without Department approvals. Waiver applications can be
obtained by writing to the Waiver Unit, Department of Environmental Protection, Bureau
of Waste Site Cleanup, One Winter Street, 5th Floor, Boston, MA 02108.
If at any time an "imminent hazard", as defined in 310 CMR 40.542, is discovered at
the location, you must immediately notify the Department, and submit a proposal for a
short term measure. No short term measure may be commenced without prior
o's Market
iartment approval. If the short term measure is not performed in a timely manner,
Department is authorized to perform the short term measure and recover the costs
performing this work.
r should be aware that if the Department performs the required assessment activities,
may be held liable for all response action costs incurred by the Department_
the LTBI is confirmed as a disposal site, you may be named as a potentially
ponsible party (PRP") with liability for up to three (3) times all response action costs
urred by the Department. Response action costs include the cost of direct hours spent
Department employees arranging for response actions or overseeing work performed
PRPs or their contractors, expenses incurred by the Department in support of those
ect hours, and payments to the Department's contractors. (For more detail on cost
bility, see 310 CMR 40.600: Cost Recovery.)
ie Department may also assess interest on costs incurred at the rate of twelve percent
2%), compounded annually. You may also be liable for damages to natural resources
d liable under M.G.L. c. 21E, section 11 and other laws for each violation of c. 21E
other laws, or under M.G.L. c. 21A, section 16, for violations of c. 21E and other
flutes, regulations, orders or approvals.
our cooperation in this matter is appreciated. If you have any questions regarding this
re umbertat theetop of this document wick
n the letterhea address. Please reference
ce withtheDepartent.
Very truly yours,
en '. Jo
Regional Eng
Bureau of Waste Site Cleanup
)AS/ds
WSC-011-S/serios
Certified Mail #P 524 674 228, Return Receipt Requested
Enclosure
cc: Northampton Fire Department
Northampton Board of Health
Tighe & Bond
y Ford, Mayor
Vorthampton
in Street
npton, MA 01060
Tighe&Bona
Consulting Engineers
Environmental Specialists
N-187-1-60
July 24, 1996
Re: Tier Classification Submittal
Serio's Incorporated ,
RTN #1-0817
Is. Ford:
rdance with the Notification P
os Massachusetts f
40.1403, w are hereby notifying you of to the Massahusetts Department of
Pr otection (D EP)
of a Tier Classification which has determined that this site is
II disposal site. Tier II sites are those which pose a relatively low degree of risk be
nding receptors. The attached Legal Notice for the above referenced property
tied in the Daily Hampshire Gazette seven (7) days subsequent to the Tier Classification
ttal to the DEP.
s of this submittal are available for public review at the Western Region office of the
ichusetts Department every Protection Dwight these Springfield.
file review sessions held Wednesday. You may request copy of submittal
DEP during the file review sessions. For more information about file review, please call the
Service Center at (413)-784 1100 .
i have any questions or comments relative to this correspondence, please contact Evan T.
;on, P.E., LSP at your earliest convenience.
Very
Evan T. Johnson, P.E.;LSP
Associate
;chment
;87'\pubuote
Peter McErlain, Northampton Board of Health
Edward Cavallari, Serio's Inc.
'esttfield Executive Park 53 Southampton Road Westfield,MA 01085-5308 TeL 413-562-1600 Fax.413-562-5317
NOTICE OF AN INITIAL SITE INVESTIGATION AND
TIER 11 CLASSIFICATION
Serio's Incorporated
65 State Street
Northampton, Massachusetts
RTN 1-0817
Pursuant to the Massachusetts Contingency Plan (310 CMR 40.0480), an Initial Site
Investigation has been performed at the above referenced location. A release of oil
and/or hazardous materials has occurred at this location which is a disposal site (defined
by M.G.L. c. 21E, Section 2). This site has been classified as Tier II, pursuant to 310
CMR 40.0500. Response actions at this site will be conducted by Serb 's Incorporated
who has employed Tighe & Bond, Inc to manage response actions in accordance with
the Massachusetts Contingency Plan (310 CMR 40.0000).
M.G.L. c. 21E and the Massachusetts Contingency Plan provide additional opportunities
for public notice of and involvement in decisions regarding response actions at disposal
sites: 1) The Chief Municipal Official and Board of Health of the community in which
the site is located will be notified of major milestones and events, pursuant to 310 CMR
40.1403; and 2) Upon receipt of a petition from ten or more residents of the
municipality in which the disposal site is located, or of a municipality potentially affected
by a disposal site, a plan for involving the public in decisions regarding response actions
at the site will be prepared and implemented, pursuant to 310 CMR 40.1405.
To obtain more information on this disposal site and the opportunities for public
involvement during its remediation, please contact Evan T. Johnson P.E., L.S.P. of
Tighe and Bond at (413) 562-1600.
LD
ELLUCCI
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL PROTECTION
DEPARTMENT OF ENVIRONMENTAL
WESTERN REGIONAL OFFICE
TRUDY COXE
Secretary
DAVID B.STRUHS
Commissioner
;ERTIFIED MAIL
tETURN RECEIPT REQUESTED
's Incorporated
ate Street
bampton, MA 01060
N: Mr.Edward Cavallari
March 4, 1997
Re: Northampton -
RTN 1-0817, Phase I & NRS
Serio's Market
65 State Street
NOTICE OF AUDIT
This is any importrnt notice.
Prom tl respond to an uests contained herein.
a Mr. Cavallari:
ssachusetts General Law Chapter 21E requires the Massachusetts Department of Environmental
,tendon (the Department) to audit response actions not approved by the Department at sites of
eases of oil or hazardous material to ensure that these actions are being conducted accordin
G.L. c. 21E, the Massachusetts Contingency Plan (MCP), and other relevant laws and regulations.
e MCP at 310 CMR 40.1100 establishes procedures for conducting such audits. _
to site referenced above has been randomly selected by the Department for an audit. The audit
11 be conducted by Department staff in the Western Regional Office in Springfield. The audit will
Rielly focus on the Phase I report and the Numerical Ranking System (NRS) score s sheet
describes p ed
r the site. Additional response actions may also be examined as appropriate.
.e scope of the audit and the type of audit activities the Department initially intends to perform
ong with your responsibilities and relevant deadlines. A fact sheet and flow chart that
response scri tithe
edit process are also included as part of this notice. Note that, during an audit, respo
m proceed as planned unless you are otherwise notified by the Department.
request for Information. Pursuant to M.G.L. Chapter 21E §§ 2, 4, and 8, 310 CMR 40.0165, and
10 CMR 40.1120 (1), the Department requires you to provide the information in Attachment 1.
rou must prepare written responses to each item and deliver these responses to DEP within
burteen calendar days of your receipt of this notice. Furthermore,your response must contain the
ertifrcation of submittal as specified uin31 CMR 40. 009 (Attachment achmg t 2' Send your complete
response to this request and the required certification
3ht Street • Springfield, Massachusetts 01103 • FAX(413)764-1149 • TDD(413)746-6620 • Telephone(613)'1841100
0 pond on Recycled Paper(20%Pmt Consumer)
porated
dit
do not have any portion of the information requested in your possession, custody, or control,
ust state this in your response and identify the person/s, if known to you, from whom the
cation can be obtained. You must follow the procedure described in 310 CMR 40.0165 (3) if
aim any information submitted is a trade secret or otherwise exempt from public disclosure.
DOT IGNORE THIS REQUEST. Failure to respond to this request or the submission of false
sleading information may subject you and your officers and employees to further enforcement
by the Department.
w of this request has also been sent to the Licensed Site Professional (h P) for your
mot you, o
consult with an LSP when preparing a response to
LSP are obligated to respond to this request.
deadline given for a response to this request is an "Interim Deadline" enforceable under 310
t 400167. You may request an extension of this deadline in writing to the undersigned. The
utment, however, is not required to grant a request for an extension.
e that you are obligated under 310 CMR 40.0165 (2) to promptly provide the Department any
rmation relevant to this"Request for Information" and correct any errors in your response to this
guest for Information" at any time in the future when you discover such information or errors.
It em
4t for Site Inspection.
Pursuant to M.G.L. c. 21E §§ 2, 4, and 8, 310 CMR 40 0166, and 310
R 40.1120 (1) employees, agents, and contractors of the Department may enter any site or vessel
nvestigate, sample, or inspect any documents, conditions, equipment, practice, or property as part
he audit. The Department requests an appointment to inspect the site on Thursday, March 20,
17 at 8:30 am and discuss issues relevant to this audit. The inspection will be conducted by
ward Weagle. Your Licensed Site Professional is requested to attend. Please call Edward Weagle
:bun seven days at (413) 784-1100 x221 if you will need to arrange an alternative date or time.
e purpose of the inspection will be to observe site conditions and verify the information presented
the Department to date.
the completion of this phase of the audit the Department may:
(1) issue a Notice of Audit Findings which may include a statement of deficiencies and
steps to correct those deficiencies.
(2) request that you, and if you choose, a representative, appear at the Department's
office for an interview to provide an oral explanation and other supporting evidence
to demonstrate compliance and then issue a Notice of Audit Findings.
(3) conduct further site investigations and then issue a Notice of Audit Fiiinnding .
(4) issue a Notice of Audit Findings and request that you participate
Assistance pursuant to 310 CMR 40 1140.
(5) initiate enforcement actions listed at 310 CMR 40.1140(2) if violations of M.G.L. c.
21E or the MCP have been identified.
porated
dit
have any questions regarding this notice or any of the requirements contained in it, or believe
ou cannot comply with its requirements, please contact Edward J. Weagle at the letterhead
as or by calling (413) 784-1100 x221.
Sincerely,
threcbv., loot
Edward J.
Environmen
Analyst
Catherine G.Wanat
Section Chief
Audits/Site Management
Bureau of Waste Site Cleanup
RTIFIED MAIL. #P348 006 393
TURN RECEIPT REQUESTED
closures
City of Northampton Mayor's office
Northampton Board of Health Westfield, MA 01085,
Tighe & Bond, Westfield Executive Park, 63 Southampton Road,
Attn: Mr. Evan Johnson, ISP-of-Record
Attorney John C. Sera 56 Main Street, Northampton, MA 01060
WERO Audit File
Stephen Winslow, DEP Audit Coordinator
ATTACHMENT 1
REQUEST FOR INFORMATION
equest for Information is addressed to Serio's Incorporate& 65 State Street, Northampton,
,husetts, which has been identified as a Potentially Responsible Party for the release (site #l-
and subsequent Phase I report and Numerical Ranking System score sheet, located at 65 State
Northampton, Massachusetts.
irate response must be made to each of the questions in this Information Request. Please label
,newer with the number of the question to which it responds.
nformation Request is a continuing request. That is, if information requested here which is
Down or available to you as of the date of your response In addition,becomes you discover or available e time
nu must forward such information to the Department.
submission of your response to this request that any portion of the information you have
led is false or misrepresents the truth, you must notify the Department immediately.
that you must provide in writing any specific information that is responsive to the questions
if that information has not bee written previously in any document.
a do not have any portion of the information requested in your possession, custody, or control,
should state this in your written response and identify the persons from whom the information
be obtained.
IMITPALS and QUESTIONS
Please state the depth (in feet below grade) of the bottom of the structural footings which
support the foundation of the 65 State Street building.
Please identify all the Institutions located within 500 feet of the disposal site.
According to the r Protected Open Massachusetts nGeographic, ocated approximately 500 feet to the north-northeast of
designated as Proticase Open Specs,
the subject site. Please verify the distance to this resource area.
Please identify any information relative to the release of fuel oil that may have been March
developed since the submittal of Tighe & Bond's Phase I Report to the Department in
1991. If other investigations of the fuel oil release have been performed, please describe in
detail the nature and results of these investigations.
ATTACHMENT 2
CERTIFICATION OF SUBMITTAL(310 CMR 40.0009)
:ify under the penalties of law that I have personally examined Boned familiar with the
oration contained in this submittal, including any responsible this
:Marion, and that, based on my inquiry of those individuals immediately respo for
niag the information, the material information contained herein is, to the best of m knowge
belief, true, accurate and complete. I am aware that there are significant penal esmm including,
or
tot limited to, possible fines and imprisonment, for wilfully submitting false, ise
mplete information.
Name (Print):
Position or title:
Signature:
Date:
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
LLUCCI
nor
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
if LEGAL MATTER
1ED MAIL
N RECEIPT REQUESTED
,yard Cavallari
Inc.
e St.
mpton,MA
FEB - 2 2000
Re: NORTHAMPTON, Site 1-0817
SERIOS MARKET
65 STATE ST.
NON-WE-00-3006
NOTICE OF NONCOMPLIANCE
FAILURE TO COMPLETE COMPREHENSIVE RESPONSE ACTIONS
This is an important notice.
Promptly respond to any requests contained herein.
Failure to respond to any such requests could result in
serious legal consequences.
Mr.Cavallari:
view of records conducted by Department of Environmental Protection personnel demonstrates that you
u" refers to Serio's Inc.) are not in compliance with one or more laws, regulations, orders, licenses,
tits, or approvals enforced by the Department. Be advised that the regulations that generally set forth
are
requirements,timelines and procedures for the performance of the Comprehensive e Actions and
fled in Subpart E and H of the Massachusetts Contingency Plan (MCP), 3e0 CMR
1800.
Department has included with and h specifically incorporated into this writing a NOTICE OF
ENCOMPLIANCE SUMMARY,
(1) The requirements applicable to the Site as previously outlined in your Tier Classification
Submittal.
(2)The elements and occurrence(s)of the noncompliance necessitating the issuance of this Notice.
This information is available in alternate format by calling our*DA Coordinator at(617)574-6372.
436 Dwight Street•Spfingfield,Massachusetts 01103•FAX
tl(4 Recycled 784-1149
4• DD(413)746-6620•Telephone(413)784-1100
pton, 1-0817
i)The deadline(s)within which compliance must be achieved.
nistrative penalty of$1,000 may be assessed for every day from now on that you remain out
'fiance with each of the requirements described in this Notice of Noncompliance.
tanding this Notice of Noncompliance,the Department reserves the right to exercise the full extent
al authority in order to obtain full compliance with all applicable legal requirements, including but
ed to the assessment of civil administrative penalties, the commencement of a_,ciyilaction in the
of competent jurisdiction, or the commencement of a criminal prosecution in the court(s) of
nt jurisdiction.
believe that you are financially unable to undertake the cleanup at this site the Department
ends that you contact and then submit an application demonstrating financial inability to Jordan
Department of Environmental Protection, Bureau of Waste Site Cleanup, 1 Winter Street, Boston,
108.
relieve that the recently passed Brownfields legislation will assist you in the cleanup at your site and
submit an application please contact Nick Zavolas at our Boston office at(617)556-1125 for further
ttion.
contact Michael Scherer at 413/755-2278 if you have any questions concerning this Notice.
Sincerely,
Robert Bell
Deputy Regional Director
Bureau of Waste Site Cleanup
fled Mail#: Z 309 743 689
NORTHAMPTON Mayor's Office
NORTHAMPTON Board of Health
Steve Ellis,WERO(2 Copies)
Maria Pinaud,C&E,Boston
Enforcement Files,BWSC,WERO
Site Files,BWSC,WERO
Lpton, 1-0817
NONCOMPLIANCE SUMMARY
NON-WE-00-3006
OF ENTITY IN NONCOMPLIANCE:
Serio's Inc.,65 State St.,Northampton,MA
:ION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
SERIO'S MARKET, 65 STATE ST.,NORTHAMPTON
S)WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
7/30/98
UPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED
WITH:
On 7/30/96,the Department received a Tier II Classification submittal for the Site.The
classification became effective on 7/30/96. In accordance with the MCP 310 CMR 40.0560(2)(b),
you("you" refers to the Serio's Inc.)had two years from the effective date of the Tier II
Classification to submit a completed Phase II Report and,if applicable,a Phase 111 Remedial Action
Plan to the Department.The deadline for such submittals expired on7/30/98.To date,the
Department has not received the Phase II Report.
In accordance with 310 CMR 40.0560(2)(c)you were also required within three years of the
effective date of the Tier II Classification to submit a Phase IV Remedy Implementation Plan to the
Department.The deadline for such submittal expired on 7/30/99. To date,the Department has not
received the Phase IV Plan.
IONS TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION:
Submittal to the Department of a Phase 11 Report, a Phase III Plan, if applicable, and a Phase IV
Plan as required by 310 CMR 40.0500,or if appropriate,the submittal of a Response Action
Outcome,within 120 days of the date of this Notice.You may request, in writing,an extension
of this deadline,however the Department is under no obligation to grant an extension. Please
indicate in writing within 14 days of the date of this Notice whether or not you intend to
undertake the required actions and any request, if needed, for extension of the deadline to
complete the required actions.
These deadlines constitute Interim Deadlines per 310 CMR 40.0167.
For the Department of Environmental Protection
Date:FEB - 2 2000
obert Bell
Deputy Regional Director
Bureau of Waste Site Cleanup
y Care Higgins, Mayor
ipton Town Hall
n Street
ipton, MA 01060
ighe&ulh on9ind
Environmental Specialists
N-187-4-53 (1160)
November 27, 2000
Re: Serio's Market MA
65 State Street, Northamp ton
DEP RTN#1-0817
[s. Higgins:
xdance with the Public Notification Procedures of thef uMassachu tt ConM��hu can
310 CMR 40.1403, we are hereby notifying you
anent of Environmental Protection (DEP) of an Activity and Use Limitation (AUL) and
Ise Action Outcome (RAO) for the above-referenced site. A release tank located number of l-
eas issued for the release of fuel oil from an n underground
aerg ons. storage
building at 65 State Street in Northampton,
:urn hydrocarbons are present in the site soils beneath the paved parking area at
nrations exceeding the MCP Method 1, S-1 Cleanup Standards. With the implementation
AUL to maintain a condition of No Significant Risk, a Class A-3 RAO applies to the site
Mass A-3 RAO depends upon the AUL which has been implemented and will be maintained
portion of the release site where limited contamination remains soils ne beneath the n paved
e. The initial remediation of site soils and the subsequent implementation nlia d mares sane
AUL achieves a condition of No Significant Risk of Hampshire he public if of Deeds safety
he environment. The AUL was recorded with the Hamp on
:mber 27, 2000, as required by the MCP. A copy of the recorded AUL is enclosed. The
ied legal notice is to be published in the Daily Hampshire Gazette.
complete Response Action Outcome report is available for public review and copying at the
tern Regional office of the Massachusetts DEP at 436 Dwight Street in Springfield. For more
f
rmation about file review, pleact contact the file review coordinator at (413)-755-268 t If
have any questions or comments relative to this correspondence, please
:rsigned at(413) 562-1600.
Very truly yours,
TIGHE&BOND, INC.
Evan T. Johnson P.E.
Vice President
;!field Exeeutfie Park 53 Southampton Road Westfield,MA 01085-5308 Tel. 413-562-1600 Fax 413-5625317
Original printed on recycled paper
lorthampton Building Department
iorthampton Zoning Department
)EP Western Region
'Award CavaBari, Serios
.ymenmww.m
Ongi no!panted on recycled paper
Tighe&Bond
Environmental Specialists
NOTICE OF AN ACTIVITY AND USE LIMITATION
Serio's Inc.
65 State Street
Northampton, Massachusetts
DEP Release Tracking Number: 1-0817
Pursuant to the Massachusetts Contingency
ITY AND USE LIMITATION on the above disposal site has been recorded andO/or
:d with the Hampshire County Registry of Deeds on November 27, 2000.
The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following site
;s and uses on the restricted area of the above property:
• Activities and uses which cause direct contact with, disturbance ord relocation
below
petroleum contaminated soil currently located at a depth
with the exception of excavation work the AUL area and conducted
and
construction work as may be deemed
in accordance with the permitted performance standards;
• Removal, without equivalent replacement, of the asphalt paving of the parking lot in
the AUL area; and
• Use within the AUL area for residential, child care, agricultural, institutional
(with a residential or child care component),
or caber al (for chi
use 1 where a under 18
years age) and recreational or as a playground
likely to be present.
Any person interested in obtaining additional information or reviewing the NOTICE OF
TVITY AND USE LIMITATION and the disposal site file may contact Evan Johnson, P.E.,
of Tighe&Bond, 53 Southampton Road, Westfield, Massachusetts at(413) 572-3254.
310 CMR 40.1099
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
me: Serio's, Inc. 65 State Street, Northampton, MA
acldng No.(s): 1-0817
Notice of Activity and Use Limitation ("Notice") is made as of this 27th day of
), by Edward Cavallari of 65 State Street in Northampton,Massachusetts and Cosimo Serio
:et in Easthampton, Massachusetts, together with their successors and assigns(collectively
WITNESSETH:
3EREAS, Edward Cavallari and Cosimo Serio, are the owners in fee simple of those certain
nt land located in Northampton, Hampshire County, Massachusetts with the buildings and
thereon,pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book
4 and Book 2186, Page 166;
HEREAS, said parcel(s) of land, which is more particularly bounded and described in
ched hereto and made a part hereof("Property")is subject to this Notice of Activity and Use
he Property is shown on a plan recorded in the Hampshire County Registry of Deeds intlan
;e 61;
THEREAS, a portion of the Property ("Portion of the Property") is subject to this Notice of
Jse Limitation. The Portion of the Property is more particularly bounded and described plin
an attached Hampshire hereto and County RegiPart of Deeds ds.in Plan Book I&i ,Property is
and on a sketch
the Hampshire County 8 trY
hereto and filed herewith for registration;
WHEREAS, the Portion of the Property comprises all of a disposal site as the result of a
and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion
ty the subject to s of t the Notice of Activity
andv to the extent such boundaries have been establis hed Exhibit
in the limits of the Propehereof; and
I hereto and made a part
WHEREAS,one
21E") and the Massachusetts Contingency y Plan, 310 CMSR 40.0000("MCP").
se ("Chapter orestriction of human access to and contact with oil and/or
se actions are and/or( )the e restriction the in, on, through, over or
taterial in soil and/or(b) the restriction of certain activities occurring
'ortion of the Property. The basis for such restrictions is set forth in an Activity and Use
Opinion("AUL Opinion"), dated November 22, 2000, (which is attached hereto as Exhibit C
part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in
Opinion are as follows:
310 CMR 40.1099
5 Uses Consistent with the AUL Opinion. The AUL Opinion provides that a
1. Activities anaUa public welfare or the environment exists for
condition a No Significant Risk to health, 310 CMR
any foreseeable period of time(pursuant to 310 CMR 40.0000) so long as any of the following
activities and uses occur on the Portion of the Property:
(i) Commercial and industrial activities and uses which do not result in direct contact or
disturbance of contaminated soils located at a depth of 10 to 15 feet below grade in the
AUL area, including, without implied limitation, activities and uses related to retail
business, general office work, general building and ground maintenance work,parking of
vehicles and foot traffic;
(ii) Commercial and industrial activities and uses that involve direct contact, disturbance,
excavation or removal of contaminated soils presently located at a depth of 10 to 15 feet
below grade in the AUL area provided that (a) such activities or uses are conducted in
accordance with the Soil Management Procedures ursuanant o 0 CMR 40.0030 and d with
all applicable worker health and safety practices
work area is restored to the pre-excavation grade;
(iii) Such other activities or uses which, in the Opinion of an LSP, shall present no greater
risk of harm to health, safety, pubc welfare or the environment than the activities and
uses set forth in this Paragraph; and
(iv) Such other activities and uses not identified in Paragraph 2 as being Activities and
Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistent with the AUL inion. Activities and uses which are
inconsistent with the objectives of this Notice of Activity ty a d Use Limitation,i of harm which,to ich, if
implemented at the Portion of the Property, may
safety, public welfare or the environment or in a substantial hazard, are as follows:
(i) Activities and uses which cause direct contact with, disturbance or relocation of the
petroleum contaminated soil currently located at a depth of 10 to 15 feet below grade, with the
exception AUL area nducted in accordance with the permitted
deemed necessary
performance standards as referenced above;
(ii) Removal, without equivalent replacement, of the asphalt paving of the parking lot in
the AUL area; and
(iii) Use within the AUL area for residential, child care, agricultural, institutional(with a
residential or child care component), educational (for children under 18 years age) and
recreational or as a playground or other similar use where a child is likely to be present.
Mon. If applicable, obligations
3. Obh ations and Conditions Set Forth in the AUL Oo. .
and/or conditions to be undertaken and/or maintained at the Portion of the Property to
maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include
the following:
310 CMR 40.1099
Within the Portion of the Property, maintain the existing paved surface or equivalent
replacement in good condition to minimize percolation of precipitation and prevent
accessibility to contaminated soils located below grade; and
;ii) deemed Excavation work associated AU short term utility or construction work as may be must be conducted with the knowledge f the
LSP and in accordance t and worker Health and Safety
LSP and in accordance with the Soil Management
performance standards set forth in the MCP.
d Chan es in Activities and Uses. Any proposed changes in activities and uses at the
ie Property which may result in higher levels of exposure to oil and/or hazardous material
ty exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310
80 et seq., as to whether the proposed changes will present a significant risk of harm to
y, public welfare or the environment. Any and all requirements set forth in the Opinion to
jective of this Notice shall be satisfied before any such activity or use is commenced.
in of a
Rewo nse Action Outcome. The activities, uses and/or exposures upon which this
Land shall not change at any time to cause a significant risk of harm to health, safety, public
environment or to create substantial hazards due to exposure to oil and/or hazardous
shout the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and
litional response actions, if necessary, to achieve or maintain a condition of No Significant
eliminate substantial hazards.
/hies, uses, and/or exposures upon which this Notice is based change without the prior
and additional response actions determined to be necessary by an LSP in accordance with
40.1080 et seq., the owner or operator of the Portion of the Property subject to this Notice at
at the activities,uses and/or exposures change, shall comply with the requirements set forth
1R 40.0020.
oration Into Deeds Mo _._es Leases and Instruments of Transfer. This Noticelshhall be
ted either in full or by reference into all future deeds,easements, mortgages,
agreements or any other instrument of transfer, whereby an interest in and/or a right to use
rty or a portion thereof is conveyed.
310 CMR 40.1099
5
er hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said
to become effective when executed under seal by the undersigned LSP, and recorded and/or
tered with the appropriate Registry of Deeds.
WITNESS the execution hereof under seal this 2I day of November, 2000.
cc,'c ss �.1�
h .�:_ Atleac and
T}� n, personally appeared the above-named
-tee and acknowledged the foregoing instrument to be his free act and deed before me,
COMMONWEALTH OF MASSACHUSETTS
November;'�,1, 2000
Notary Public:
My,go ssion Expires:
310 CMR 40.1099
itation
,ndersigned LSP hereby certifies that he executed the aforesaid Act�3No and s Li sm Activity and•
tereto as Exhibit C and made a part hereof and that in • pinion
consistent with the terms set forth in said Acti • and Us_ e L tio' t • on.
22, 2000 Evan T. Johnson,P.E.,LSP
COMMONWEALTH OF MASSACHUSETTS
November 22, 2000
_, ss
ien personally appeared the above named Evan T. Johnson an cknowledged the foregoing
)e his free act and deed before me, k, .
Notary Public: i
My Commission Expires: 4.4 Cn6
ing, return to:
ison,P.E.,LSP
td
pton Road
IA 01085
Tighe&Bond
EXHIBIT A
PROPERTY DESCRIPTIONS
Cosimo A & Claire A. Serio
:ceding from an iron pin located at the north side of Center Street and the intersection
he east side of State Street and shown on a plan of record in the Hampshire County
istry of Deeds,Plan Book 115,Page 61C,
ace N 05°-51'-21" W a distance of 66.79' along the east side of State Street to an iron
nce N 84°-40'-19" E a distance of 82.91' to a point,
;nce S 16°-23'-51"W a distance of 11.92' to a point,
;nce, S 73°-38'-I9" E a distance of 73.71' to an iron pin,
;nce, S 16°-30'-23" W a distance of 78.93' to an iron pin in the north side of Center
reef,
ence,N 74°-22'-49"W a distance of 125.30' to an iron pin at the point of beginning.
nd containing 10,990 square feet of area.
arcel2—LiborioJ. &M C,. Serio and Edward F. & o e,nine F. Cavallari
roceeding from an iron pin located on the east side of State Street and being 66.79' from
he north side of Center Street as shown on a plan of record in the Hampshire County
tegistry of Deeds,Plan Book 115,Page 61C,
hence N 05°-51'-21" W a distance of 43.79' along the east side of State Street to an iron
thence N 84°-41'-25"E a distance of 142 22' to a point,
thence N 12°-58'-48"W a distance of 88.39' to a point,
thence,N 74°-34'-33"E a distance of 51.40' to a point,
thence, S 16°-53'-33"W a distance of 62.33' to a point,
thence, S 17°-51'-51"W a distance of 102.98' to an iron pin,
thence, S 16°-30'-23"W a distance of 24.37' to an iron pin,
thence,N 73°-38'-19"W a distance of 73.71' to a point,
Tighe&Bond
N 16°-23'-51"E a distance of 11.92' to a point,
N 84°-40'-19" W a distance of 82.91' to an iron pin at the point of beginning.
containing 13,369 square feet of area.
shown on a plan sheet entitled "Activity and Use Limitation Plan, for Serio's
20' and prepared by Tighe Bond,Inc., of Westfielddated assachusetts. 14, 2000, scale
NOISA EMO AULEXIIA.DOC
Tighe&Bond
EXHIBIT A-1
ACTIVITY AND USE LIMITATION DESCRIPTION
el 1 —Cosimo A. &Claire A. Serio
seeding from the end of the second course as described for the property in Exhibit A,
ce S 16°-23'-51" W a distance of 11.92' to a point,
Lce S 73°-38'-19" E a distance of 28.11' to a point,
ice S 16°-21'-41"W a distance of 31.04' to a point,
rce,N 73°-38'-19"W a distance of 31.04' to a point,
ace,N 16°-21'-41"E a distance of 36.63' to a point,
nee,N 84°-40'-19"E a distance of 17.10' to the point of beginning.
d containing 1,505 square feet of area.
rcel 2—Liborio . &M. G en. and Edward F. & Jos ,hine F. C.vallari
oceeding from the end of the ninth course as described for the property in Exhibit A,
ence S 84°-40'-19"W a distance of 17.10' to a point,
.ence N 16°-21'-41"W a distance of 12.37' to a point,
fence N 73°-38'-19"W a distance of 44.00' to a point,
fence, S 16°-21'-41"E a distance of 17.96' to a point,
acne;N 73°-38'-19"E a distance of 28.11' to a point,
hence,N 16°-23'-51"E a distance of 11.92' to the point of beginning.
end containing 651 square feet of area.
And et, 65 on a plan North entitled on, Maser Massachusetts", dated November114, 2000,scale
Market,and State Street,
1"=20' and prepared by Tighe&Bond,Inc., of Westfield,Massachusetts.
\\INiGROATATROIECTSZANOI S71MEMO\AUL-EX11A1.doc
STATE R______
i N r "1 t / MW_ I 0 SER of
t. :5
ACTIVITY & USE
' y, LIMITATION AREA
I. & DISPOSAL SITE
W se ;s
0 / ,14-741:;ipi, . =e,-<* ' IRD
',PAW +a. '
/r MW- "i
B5rt
0 MW-3
\111
NNN PAVED R
AREA
R EXHIBIT B
SKETCH SHOWING BOUNDARIES OF
DISPOSAL O SITE AREA RELATION
SERIO'S MARKET
65 STATE STREET
'0 °.��- --� NORTHAMPTON, MASSACHUSETTS
Wum + � TIGHE & BOND INC. CONSULTING ENGINEERS
WESTFIELD, WSSACHUSET1S
SCJLE: AS SHOWN DATE NOVEMBER 2000
NIB]\FIG
Exhibit C Notice of Activity and Use Limitation
.ctivity and Use Limitation Opinion for Site Number 1-0817 (Serio's Inc., 65 State Street,
forthampton, Massachusetts)pursuant to 310 CMR 40.1074(1)(b).
ichievemeTtt and Maintenance of No Significant Risk
)etroleum hydrocarbons are present in site soils at concentrations exceeding the "Method 1,
i-1 Concentrations", due to the presence of residual petroleum contamination adjacent to a
'ormer No. 2 fuel oil underground storage tank. The residual contamination is located
idjacent to the site building making removal of the soil infeasible. The only identified
sxposure pathway which presents a risk to human health is direct skin contact oingestiion
of these contaminated soils. The contact/ingestion risk can be eliminated through
implementation and maintenance of a Notice of Activity and Use Limitation (AUL) which
fully workers restricts access y to the excavating soil contaminated
soils. The only exposure pathway includes
workers who may be excavating s in this area for subsurface utility maintenance or
upgrade, construction, or to remove soil in an effort to eliminate the AUL. Construction,
maintenance and repair activities will be required to be in compliance with the Soil
Management Procedures and Worker Health and Safety Practices pursuant to 310 CMR
40.0030 and 40.0018. AUL
1. Permitted Activitis
Opinion provides that a condition eof no significant risk toOhpealth safety,public
welfare or the environment exists for any foreseeable period of time pursuant to
310 CMR 40.0000 so long as any of the following activities and uses occur on
the Portion of the Property:
i Commercial and industrial activities and uses which do not result in
direct contact or disturbance of contaminated soils located at a depth of
10 to 15 feet below grade in the AUL area, including, without implied
limitation, activities and uses related to retail business, general office
work, general building and ground maintenance work, parking of
vehicles and foot traffic;
ii. Commercial and industrial activities and uses that involve direct contact,
disturbance, excavation or removal of contaminated soils presently
located at a depth of 10 to 15 feet below grade in the AUL area provided
that (a) such activities or uses are conducted in accordance with the Soil
Management Procedures pursuant to 310 CMR 4�ant0to and 310 CMR
all
applicable worker health and safety p pre-excavation grade;
Such 40.0018 and (b) the work area is restored to the
Such other activities or uses which, in the Opinion of
welfare or shall
an LS ,present no greater risk of harm to health, safety, public
environment than the activities and uses set forth in this Paragraph; and
iv. Such other activities and uses not identified in Paragraph 2 as being
Activities and Uses inconsistent with the AUL.
Activities and Uses Inconsistent with the AUL inion. Activities and uses
which are inconsistent with the objectives of this Notice of Activity and Use may
Limitation, and which, if implemented at the Portion of the
e weparey , tae
result in a significant risk of harm to health, safety, p
environment or in a substantial hazard, are as follows:
i. Activities and uses which cause direct contact with, disturbance or
relocation of the petroleum contaminated soil currently located at a depth
of 10 to 15 feet below grade in the AUL area, with the exception of
excavation m y be work associated recess rwith ithin the AULtyarea construction
andt conducted in
as may ce deemed necessary
accordance with the permitted performance standards as referenced
above;
ii. Removal, without equivalent replacement, of the asphalt paving of the
parking lot in the AUL area; and
Use within the AUL area for residential, child care, agricultural,
institutional (with a residential ochild ccare col upon yt)playground educational
al
(for children under 18 years age) and
other similar use where a child is likely to be present.
3. and/orttconditionsAtodbe undertakeand/or e T obligations AUL 'Mon
maintained at the Portion of the
Property to maintain a condition of no significant risk as set forth in the AUL
Opinion shall include the following:
1.. Within the Portion of the Property, maintain the existing pared surface or
equivalent replacement in good condition to minimize percolation of
precipitation and prevent accessibility to the contaminated
soils located
below grade; and
ii. Excavation work associated with utility short term
may be de emed necessaryi the AUL area, must be conducted with the
knowledge of the ISP and in accordance trance the srandtards1aunt�t°�m�
worker Health and Safety Practices performance
SP Certifications
SP assuming responsibility for Activity and Use Limitation Statement Evan T. Johnson,
'.E.
[ west that I have personally examined and am familiar with the information on which this
AUL Opinion is based and in my profenaljudgment, this AUL Opinion complies with
the requirements for W • opinions e • ,• under 310 CMR 40.1074(1)00.
S
Signature: I►L 21/
Date: 1 I I 2?- QQ_
License Number: 6135
ktutuo aTnaa-cnoc
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
ACTIVITY& USE LIMITATION (AUL)OPINION FORM
Pursuant to 310 CMR 40.1070-40.1084(Subpart J)
3 FORM AND ATTACH AS AN EXHIBIT TOTHE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED VON THE
REGISTRY OF DEEDS ANI3IOR LAND REGISTRATIoN OFFICE.
)F DISPOSAL SRE AND PROPERTY SUBJECT TO AUL:
ne: Seri09 Corner of State St. & Center SI
Location
:ate Street 01060
ZIP Code:)rthamPton
arty subject to AUL,if different than above. Street
BWSC-114
Release Tracking Number
C
ZIP Code:
I IS BEING USED TO: (check one)
D LSP Opinion for a Notice of Activity and Use Limitation.pursuant to 310 CMR 401074(complete all sections of this form).
LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4)
all sections of this form)' tlo J10 CMR 40.1083(3)
e LSP Opinion for a Termination at a Notice of AcdMH and Use Limitation,pursuant
all sections of the tam).
ie LSP Opinion for a Grant of Environmental Restriction.pursuant to 310 CMR 40.1071.(complete all sections of this form).
ie LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 04081(3)
D all sections of this form).
ne LSP Opinion for a Release of Environmental Restriction.pursuant to 310 CMR 40.1083(2)(complete all sections of this form).
SON:
the pains and penalties of perjury that I have personally examined and am familiar with this submittal.including any and all
0companytng this submittal. In my professional opinion and judgment based upon application of(I)the standard of care in 309
Indic applicable that a Notice one of 30gand Use being)regis registered andlor recordetl the Activity and Use Limitation that knowledge,
is
f his su submittal that a Naticn oprovWiry
tthb aubmitel(0 is being provided In accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 0.0000 and(II)
1310 CMR 40.107401lb); and Use
B indicates that an Amended Notice of Activity and Use limitation is being registered andlor recorded,the Activity
is the subject of this submittal(01s being provided In accedence with the applicable provisions of M.G.L.c.21E and 310n CMR
I(11)complies with 310 CMR 40.1080(1)and 40.1081(1);
B indicates that a Termnatlon of a Notice of Activity and Use[Imitation is being registered andlor recorded the Activity+
rot is the subject of this submittal(I)Is being provided In accordance with the applicable provisions of M.O.L.c.21E and 310 CMR
S indicates i(ii)compiles with 310 CMR 0.1083(3)(a):
h is submittal(DJs being provided accordance with the applicable provisions of M.G.L.C.2 Ee and 310 CMR 400000 and(fat is the
ith 310 CMR 40.1071(1)(6);
ed in accordance with the applicable provisions of M.G.L.C.21E and 310 CMR
n B indicates that an Amendment to a Grant ol Environments/Restriction is being registered ndlor recorded,the Activity and Use
that Is complies with 110 MR 401080(being provided
▪ 8poomFesswith 3100Sa o0Gaaf of end 40.1081(1);
registered ndlor recorded,the Activity end Use
that Is the provided In accordance with the applicable provisions of M.G.L.C.21E and 310 CMR
m 8 indicates that a Rdwe of Want of Environmental Restriction is being re9i+
id(il)compiles subject
with 310 CMR 40.1(083(3Si/- p of this Submittal
a that significant penalties may result,Including,but not limited to.possible fines and imprisonment H I submit infomlation which I
e false,inaccurate or materially incomplete' n s aMla apprevalle)
on which this opinion is based.if any,are(wen)subject tol any
nyo revisions thereof.
:d byre Etho RPA. If a box is) MUST attach a statement identifying the app provisions
by DEP or EPA. If the box is checked,you
SECTION C IS CONTINUED ON THE NEXT PAGE.
Do Not Abler This Form
518195
Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
ACTIVITY &USE LIMITATION (AUL) OPINION FORM
Pursuant to 310 CMR 40.1070-40.1084(Subpart J)
)N: (continue&
ran T. Johnson
413)572-3254
•
/,
L a
12
518495
1SP#:
Ext.:
6135
St
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND IRE DOCUMENT TO BE INCOMPLETE
Do Not Alter This Form
BWSC-114
Release Tracking Number
1
0817
Page 2 of 2