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11C-033B 32 haydenville road conservationJANE SWIFT Governor URGENT LEGAL MATTER CERTIFIED MAR, RETURN RECEIPT REQUESTED Bouley'S Service Center, Inc. Mr, Michael C. Bouley, President 32 Haydenville Road Leeds, MA 01053 March 20, 2002 Re: Northampton RTN 1 -0906 32 Haydenville Road NON-WE-02-3020 BOB DURAND Secretary LAUREN A. LISS Commissioner NOTICE FAII,URE TO COMPLETE OF OMPREHENSIVE RESPONSE ACTION This is an important notice Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. Dear Mr. BOuley, A review Of records conducted by Department of Environmental Protection EP p ersonnel YOU ( "you" refers to Bouley's Service Center, Inc.) are not in compliance with One or more laws, regulations, orders, licenses, permits, or approvals enforced by the D MCP because you have not submitted either a Response Ac on outcomeln noncompliance with the (R.AO) Statement or Tier Classification Submittal for the site named above. For sites where a release Of Oil and/or hazar materials has occurred, and when those sites have been listed for more than one year, the MCP requires that an RAO or Tier Classification be submitted to DEP. Be advised that the regulations that generally set forth the requirements, timelines and procedures for the performance of a Response Actin Out Statement or Tier Classification submittal are codified in Subpart D and E of the Massach Contingency Plan come (MCP), 310 CMR 40.0400 and 40.0500. usetts The Department has included with and specifically incorporated into this NONCOMPLIANCE SUMMARY which includes: (1) The requirements applicable to the Site. D I � { . MAR 2 1 2002 This information is available in alternate format by calling ur AD 436 Dwight Street. Springfield, Massachusetts 01103. I � Z FAX (413) 784 -11 9 . TDD I PT Of l.A I pe�oayo Co Printed on Recycled PeZI4I6I0 I ( C - O 33 �q PauUe3S EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE C� OF MASSAC C HUS V Notice of Noncompliance, 1 -09' (2) The elements and occurrence(s) of the noncompliance necessitating the issuance of this Notice. (3) The deadline(s) within which compliance must be achieved. Hyou fail to comply with this Notice an administrative penalty of $1,000 may be assessed for eve that you remain out of compliance with each of the requirements day Noncompliance. Notwithstanding this Notice of Noncompliance, the D described in this Notice of exercise the full extent of its legal authori epariment reserves the right to requirements, including but not limited to the assessment of ciivill administrative pent with all appa commencement legal of a civil action in the court(s) of competent jurisdiction, or the commencement prosecution ence ment the court(s) of competent jurisdiction. cement of a criminal If you believe that you are financially unable to undertake the cleanup at this site the D recommends that you contact and then submit an application demonstrating financial inability o Jordan Ratner at (617) 292 -5516, Department of Environmental Protection, Bureau of Waste Site Cleanup, W' Street, Boston, MA 02108. P, inter If you believe that the recently passed Brownfields legislation will assist you in the cleanup at our site contract Catherine Finneran at our Boston office at (617) 556 -1138 for further information Y please Please contract Michael Scherer at 413/755 -2278 or Kathleen Fournier at 4 13/755 -2267 if you questions concerning this Notice. Y have any 2 Alan Weinberg Deputy Regional Direct r Bureau of Waste Site Cleanup Encl: Summary Memo Certified Mail #: 7001 0320 0003 0115 7334 1 -0906 non KF cc: Steve Ellis, WERO (2 Copies) Maria Pinaud, C &E, Boston Enforcement Files, BWSC, WERO Site Files, BWSC, WERO Northampton Board of Health Northampton, Chief Municipal Official Northampton Planning & Development, Wayne Feiden, Director Notice of Noncompliance, 1 -0p NONCOMPLIANCE SUMMARY NON -WE -02 -3020 NAME OF ENTITY IN NONCOMPLIANCE: Bouley's Service Center, Inc. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 32 Haydenville Road DATE(S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: July 29, 2001 DESCRIPTION OF NONCOMPLIANCE WITH: AND OF THE REQUIREMENTS NOT COMPLIED A review of records conducted by Department of Environmental Protection (DEP) personnel indicates that on May 29, 1991, the Department received an Environmental Assessment Report submitted by Con -test Engineering, for the above referenced site. The information contained in the reports indicates that the Property has been subject to repeated releases of oil and /or hazardous materials in unknown quantities or -in excess of the applicable reportable quantity or reportable concentration. Information obtained from the Northampton Assessor's Office indicates that Chance Bouley's Service Center, Inc. is now the owner of the site. On May 30, 2001, the Department issued a Notice of Responsibility to you ( "you" refers to Bouley's Service Center, Inc.). You were advised to submit either a Tier Classification in accordance with the MCP 310 CMR 40.0500, and a Phase I Report or a Response Action Outcome (RAO) statement in accordance with 310 CMR 40.1000 within 60 days. ACTIONS TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTION: Submit to the Department one of the following within 60 days A) A Tier Classification Submittal prepared by a Licensed Site Professional in accordance with the MCP (3 10 CMR 40.0500) and a Phase I Report or B) A Response Action Outcome (RAO) Statement prepared by an LSP in accordance with 310 CMR 40.1000 For the Department of Environmental Protection: Date: Marc 20, 2002 Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup Notice of Noncompliance, 1 -09 SUMMARY MEMORANDUM Re: Bouley's Service Center, Inc. Mr. Michael Bouley 32 Haydenville Road (Route 9) President and Owner Leeds, MA 01053 Site History The site is a developed 11,000 square foot parcel within a zoned highway business district. A 1,134 square foot one story concrete block/concrete floor vehicle sales/service facility was erected in 1952 by ARCO. A septic system was also installed in 1952 and was by- passed (date unknown) when the facility was connected to town sewer. A floor drain that had been connected to a dry well was sealed with concrete prior to a 1991 Site Assessment. Mr. Francis Bouley leased this facility, which he operated as a gasoline service station from 1958 to 1975. After purchasing the station in July 1975, Bouley's Service Center, Inc. operated it as a gasoline service station until May of 1987. Since that time, the facility has operated as a service station / used car sales. Response Actions In May 1987 three 3000 - gallon underground gasoline storage tanks were removed from the site.. In December 1990 two 550 gallon underground storage tanks (one waste oil, one fuel oil) were removed from the site. An Environmental Site Assessment was conducted by Con -Test (for Mr. Lawrence Bouley) and submitted to the Department on May 29, 1991. Three monitoring wells were drilled and soil and water samples were analyzed. Detectable levels of VOC's were identified within all soil samples. A hydrocarbon mix was identified with concentrations ranging from <10 ppb to 25 ppm. Soil samples from MW -2 (approx. 26 feet from the building) contained a hydrocarbon mix with concentrations ranging from 25 ppb to 25 ppm. No detectable levels of VOC's were identified from groundwater samples from monitoring wells #1 and #3 however, monitoring well #2 yielded a sample containing a hydrocarbon mix (upon screening) with a tentative concentration of 75 ppm. Monitoring well #2 also yielded Benzene 1140 ppb, Ethyl benzene 2240 ppb, Toluene 12260 ppb, Xylenes 12400 ppb, and TPH 12 mg/L. Monitoring well #2 was located within the area of three former 3000 - gallon gasoline UST's. On February 16, 1999 a Notice of Responsibility was issued to Mr. Lawrence Bouley. On March 15, 1999 Mr. Lawrence Bouley wrote to the Department indicating that he was going to hire a consultant to perform work and requesting a meeting to discuss the site. The Department did not respond in writing to that 'request, and according to DEP files, no further technical reports or correspondence has been submitted to the Department. A review with the office of the Secretary of the Commonwealth revealed that Mr. Michael C. Bouley is now the President and owner of Bouley's Service Center, Inc. On May 30, 2001 a Notice of Responsibility was issued to Bouley's Service Center, Inc. In the Notice Mr. Bouley was advised to submit either a Tier Classification Form and a Phase I Report or a Response Action Outcome Statement within 60 days. Risk Summary According to the assessment done by Con -Test there are no public drinking water wells within one mile of the site. Groundwater was encountered between 9.4 feet and 10.41 feet. Groundwater should be classified as GW2 and GW3. The nearest residence is approximately 100 feet to the west and the nearest abutter, a liquor and convenience store, is approximately 50 feet to the south. In 1991, a groundwater sample from MW -2 which is located approximately 26 feet from the site building ( Bouley's), contained 28,040 ppb VOC's. Groundwater flow was plotted as being to the southeast. The land to the southeast is open land owned by the U.S. Veteran's Hospital.