Roundhouse Parking Lot (31D-167) AULForm 1075 -DRAFT 310CMR40.1099
Northeast Corner of Roundhouse Parking Lot
Parcel 31D-167
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Former Northampton Gas Works
DEP Release Tracking No.:1-14222
This Notice of Activityand Use Limitation ("Notice") is made as of this _____ dayof
_____________,2007,by theCityofNorthampton,havinganaddressat CityHall,210MainStreet,
Northampton, MA,together with its successors and assigns (collectively "Owner").
W I T N E S S E T H:
WHEREAS,theCityofNorthampton istheownerinfeesimpleof thecertainparcel of
land located in Northampton, Hampshire County, Massachusetts with improvements thereon,
pursuant to deeds recorded with the Hampshire County Registry of Deeds in Book __, Page __;
WHEREAS, said parcel of land, which is more particularly bounded and described in
Exhibit A, attached hereto and made a part hereof ("Property")is subject to this Notice of Activity
andUseLimitation .ThePropertyisshownonaplanrecordedintheHampshireCountyRegistryof
Deeds in Plan Book __, Page __;
WHEREAS, a portion of the Property (“Portion of the Property”) is subject to this
NoticeofActivityandUseLimitation.ThePortionofthePropertyismoreparticularlyboundedand
described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is
shown on a sketch plan attached hereto and filed herewith for registration;
WHEREAS,the Portionofthe Propertycomprisespartofadisposalsite astheresultof
areleaseof oiland/orhazardousmaterial.ExhibitBisasketchplanshowingtherelationshipofthe
Portionofthe PropertysubjecttothisNoticeofActivityandUseLimitationtotheboundariesofsaid
disposal site existing within the limits of the Property and to the extent such boundaries have been
established. Exhibit B is attached hereto and made a part hereof; and
WHEREAS, one or more response actions have been selected for the Portion of the
DisposalSiteinaccordancewithM.G.L.c.21E("Chapter21E")andtheMassachusettsContingency
Plan,310CMR40.0000("MCP"). Saidresponseactionsarebasedupon(a)therestrictionofhuman
access to and contact with oil and/or hazardous material in soil and/or groundwater and/or (b)the
restrictionofcertainactivitiesoccurringin,on,through,overorunder aPortionof theProperty. The
basis for such restrictions is set forth in an Activityand Use Limitation Opinion ("AULOpinion"),
dated __________, (which is attached hereto as Exhibit C and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set
forth in said AUL Opinion are as follows:
Form 1075 -DRAFT 310CMR40.1099
1.Activities and Uses Consistent with the AULOpinion. The AULOpinion provides
that a condition of No Significant Risk to health, safety, public welfare or the
environment exists for anyforeseeable period of time (pursuant to 310 CMR 40.0000)
so long as anyof the following activities and uses occur on the Portion of the Property:
(i) Use or development of the Portion of the Property as an industrial,
commercial, or retail property, or use or development of the Portion of the
Property for vehicular parking, vehicular traffic, bicycle path,pedestrian, or
otheractivitiesanduseswhichwouldnotcompromisethestructuralintegrity
of any existing or any replacement barrier (as defined in Paragraph 1 (ii)
below) and/or allow direct contact with soil beneath that barrier;
(ii)Useofthe Portionofthe Property asaresidence,school,daycare,nursery,
playground, recreational area, etc. where a child is likely to be present,
provided that access to subsurface soils is prevented through the use of a
barrier to direct contact on the proposed area.This barrier would consist of
either an impermeable barrier such as a building or a permeable barrier
consisting of a minimum of three (3)feet of unimpacted soils (which may
have but does not rely on,other surface materials such as landscaping,
concrete or brickwork sidewalk, pavement, etc.);
(iii)Excavationand/orremovalofsoilswithinthreefeetofgroundsurfaceor
withinonefoot ofthebottom andtwofeetofeachside ofsubsurfaceutilities
associated with maintenance or repair of these subsurface utilities, provided
thattheexcavationis backfilledwithanequalthicknessofunimpactedsoils;
(iv ) Excavation and/or removal of potentiallycontaminated subsurface soils
(greater than three (3)feet below ground surface and where present,below
geotextile marker layer)and associated handling and processing (e.g. size
reduction, etc.) associated with limited short-term (three months or less)
construction work, provided that it is conducted in accordance with the
performance standards of the MCP.Potentially contaminated soils are
located directly beneathbuildings that pre -datethis Noticeandbeneath an at
least three (3) foot thick layer of unimpacted soil areas outside of the
buildings that pre-date this notice .Such activities must be conducted in
accordance with the performance standards set forth by the MCP and
conducted under the direction of a Licensed Site Professional (LSP ).
Excavation activities must be conducted in accordance with the Soil
ManagementProcedurespursuantto310CMR40.0030,and/orallapplicable
worker health and safety practices pursuant to 310 CMR 40.0018, and must
ensure prompt repair/replacement of a comparable barrier immediately
following the completion of the project;
(v) Maintenance activities related to the repair, resurfacing and/or
replacement of buildings, pavement, parking lots, sidewalks, bicycle paths,
and driveways, provided that such activities do not result in contact with
potentially contaminated soils. Potentially contaminated soils are located
beneath anatleast three(3)footthicklayerof unimpacted soil. Maintenance
Form 1075 -DRAFT 310CMR40.1099
activities are allowed provided they do not extend below these depths or
compromisecontaminatedsoillocatedbeneaththesedepthsandprovidedthat
the barrier is replaced;
(vi )Landscapeactivities,includinglawnmowing,mulching,and/orplanting
of flowers and shrubs that do not result in disturbance or direct contact with
existing potentiallycontaminated soil that is located at a depth of over three
(3)feet below the ground surface and provided that the barrier is replaced;
(vii) Activities and uses which are not identified by this Notice as being
inconsistent with maintaining a condition of No Significant Risk; and
(viii) Such other activities and uses which, in the Opinion of an LSP, shall
present no greater risk of harm to health, safety, public welfare, or the
environment than the activities and uses set forth in this paragraph.
2.Activities and Uses Inconsistent with the AULOpinion. Activities and uses which
are inconsistent with the objectives of this Notice of Activity and Use Limitation, and
which, if implemented at the Portion of the Property, mayresult in a significant risk of
harm to health, safety, public welfare or the environment or in a substantial hazard, are
as follows:
(i) Except as provided in Paragraph s 1(v) or 1(v i) above, activities and/or
uses which involve the removal and/or disturbance of the barrier in the
Portion of the Property and/or the disturbance of the contaminated soil
located immediatelybeneath the barrier without prior development of a Soil
Management Plan and a Health and Safety Plan in accordance with
Obligations (i) and (ii) of Paragraph 3 below;
(ii) Relocation of the contaminated soil from beneath the barrier on the
Portion of the Property, unless an LSP renders an Opinion which states that
such relocation is consistent with maintaining a condition of No Significant
Risk;
(iii) Construction of any building on the Portion of the Property which does
not meet the residential building assumptions of the vapor intrusion model
and risk characterization used to support the Response Action Outcome for
the portion of the Disposal Site subject to this AUL without prior evaluation
byaLSPwhorendersanOpinionwhichstatesthattheuseofsuchbuildingis
consistent with maintaining a condition of No Significant Risk;
(iv) Activities and/or uses which cause physical or chemical deterioration,
breakage, or structural damage to the barrier, unless the barrier is replaced
immediately following such activities as allowed under Paragraphs 1 (iv ), 1
(v), and 1 (vi) above;
(v) Use of soils at the Portion of the Propertyfor the cultivation of fruits and
vegetables intended for human consumption;
Form 1075 -DRAFT 310CMR40.1099
(vi) Anyactivity, including, but not limited to, gradingor excavation, which
involves disturbance, relocation and/or removal of soil from the Portion of
the Property, without the prior development and implementation of a Soil
ManagementPlanandHealthandSafetyPlaninaccordancewithObligations
(i)and(ii)ofParagraph3below,and restorationofthe barrier asdescribedin
Obligation (iii) of Paragraph 3 below; and
(vii) Activities and/or uses that may decrease the thickness of the barrier on
the Portion of the Property, except as allowed in Paragraphs 1(v) and 1 (vi)
above.
3.ObligationsandConditionsSetForthintheAULOpinion. Ifapplicable,obligations
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:
(i) A Soil Management Plan must be prepared by an LSP and implemented
priortothecommencementofanyactivitythatwilldisturbthecontaminated
soil located immediately beneath the barrier.The Soil Management Plan
must bepreparedin accordance with theguidelines discussedintheActivity
andUseLimitationOpinionattachedheretoasExhibitC.Workerswhomay
come in contact with the soil must be informed of the requirements of the
Soil Management Plan;
(ii) A Health and Safety Plan must be prepared and implemented in
accordance with the guidelines discussed in the Activityand Use Limitation
Opinion attached hereto as Exhibit C prior to the commencement of any
activity which involves the removal and/or disturbance of the barrier or
buildings and/or will disturb the underlying contaminated soil within the
Portion of the Property;
(iii) The barrier within the Portion of the Property must be reasonably
maintained, repaired and/or replaced with a comparable barrier to prevent
future exposures to underlyingcontaminated soil immediatelyfollowingthe
completion of any activity which involves its removal and/or disturbance;
(iv) The barrier must be maintained within the Portion of the Property to
ensurethat thecontaminatedsoil locatedben eaththesurfacebarrierremains
inaccessible;
(v)Semi-annualinspectionsandassociatedrecord-keepingactivitiesmust be
performed to confirm that thebarrier,anyvaporintrusionmitigationbarrier,
and buildings are being properly maintained to prevent exposure(s) to
contaminated soil located beneath the barrier or future buildings;
(vi) Specifications for future buildings to be constructed at the site must be
compared to the assumptions of the vapor intrusion model and risk
Form 1075 -DRAFT 310CMR40.1099
characterization used to support the Response Action Outcome for the
Disposal site and re-evaluated by an LSP who must render an Opinion as to
whether property conditions,activities,and/orusesassociatedwiththefuture
building potentially pose a significant risk of harm to human health; and
(vii) Response actions must be conducted in accordance with the
MassachusettsContingencyPlan,310CMR40.0000,shouldanLSPOpinion
rendered pursuant to Obligation (i) conclude that future uses and activities,
including exposures associated with future building construction, are
inconsistent with maintaining a condition of No Significant Risk.
4.Proposed Changes in Activities and Uses. Any proposed changes in activities and
uses at the Portion of the Property which may result in higher levels of exposure to oil
and/or hazardous material than currently exist shall be evaluated by an LSP who shall
render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the
proposedchangeswillpresentasignificantriskof harmtohealth,safety,publicwelfare
or the environment. Any and all requirements set forth in the Opinion to meet the
objectiveofthis Noticeshall besatisfiedbeforeanysuchactivityoruseiscommenced.
5.Violation of a Response Action Outcome. The activities, uses and/or exposures
upon which this Notice is based shall not change at anytime to cause a significant risk
of harm to health, safety, public welfare, or the environment or to create substantial
hazardsduetoexposuretooiland/orhazardousmaterialwithoutthepriorevaluationby
an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response
actions, if necessary, to achieve or maintain a condition of No Significant Risk or to
eliminate substantial hazards.
If theactivities, uses, and/orexposures uponwhichthis Noticeis basedchangewithout
the prior evaluation and additional response actions determined to be necessary by an
LSP in accordance with 310 CMR 40.1080 et seq.,theowneroroperatorofthe Portion
ofthe PropertysubjecttothisNoticeatthetimethattheactivities,usesand/orexposures
change, shall comply with the requirements set forth in 310 CMR 40.0020.
6.Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds,
easements,mortgages,leases,licenses,occupancyagreementsoranyotherinstrumentof
transfer, wherebyan interest in and/or a right to use the Propertyor a portion thereof is
conveyed.
Ownerherebyauthorizesandconsentstothefilingandrecordationand/orregistrationof
this Notice, said Notice to become effective when executed under seal by the
undersignedLSP,andrecordedand/orregisteredwiththeappropriateRegistryofDeeds
and/or Land Registration Office(s).
WITNESStheexecutionhereofundersealthis_____________dayof_____________,
20____.
Form 1075 -DRAFT 310CMR40.1099
[Name of Owner]
[COMMONWEALTH OF MASSACHUSETTS]
[STATE OF___________________]
______________, ss ____________,
20___
Then personally appeared the above-named _____________________and
acknowledged the foregoing instrument to be [his][her] free act and deed before me,
Notary Public:
My Commission
Expires:
TheundersignedLSPherebycertifiesthat[he][she]executedtheaforesaidActivityand
Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in [his][her]
Opinion this [Confirmatory] Notice of Activityand Use Limitation is consistent with the terms set
forth in said Activity and Use Limitation Opinion.
Date:_________________
[Name of LSP]
[LSP SEAL ]
[COMMONWEALTH OF MASSACHUSETTS]
[STATE OF ______________________]
_______________, ss _____________,
20__
Then personally appeared the above named __________and acknowledged the
foregoing instrument to be [his][her] free act and deed before me,
Notary Public:
My Commission
Expires:
Upon recording, return to:
(Name and Address of Owner)
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Roundhouse Parking Lot,Northampton,Massachusetts
DEP Site #1-14222
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
Opinion has been prepared for a parcel of land owned by the City of Northampton,located on
Crafts Avenue, Northampton, Massachusetts, Hampshire County, Massachusetts 01060 (the
“Property”).The parcel is identified on City tax maps as parcel 31D -167.As of the date of this
Activity and Use Limitation Opinion, the property is zoned “Central Business”, which permits
commercial and residential uses.
Site History
The Property was initially developed around 1855,with the construction of the Northampton Gas
Light Company manufactured gas plant (MGP). Much of the Property was used for the
manufacturing, storage,and distribution of coal gas.The northeast corner of the Property was
occupied by the gas company’s office building.Gas production was discontinued in 1951.Most
of the gas manufacturing stru ctures formerly present on the property were demolished in 1962.
The property and remaining structures were donated to the City in 1973 .
Environmental assessments have been conducted at the site since 2001 in accordance with the
requirements of the Massachusetts Contingency Plan (MCP).Bay State Gas Company
conducted all the MCP required assessment and remediation conducted at the Site.The Phase II
Comprehensive Site Assessment resulted in a detailed conceptual site model for the Disposal
Site. Some MGP impacted material, including ash, coal, and clinkers, was likely used as fill
material within the footprint of the former facility or was graded and re-worked around the
facility.Tar and oily MGP residuals also were likely released from containers or through
foundations into the subsurface.The oily MGP residuals, being denser than water,migrated
downward through the heterogeneous subsurface fill and glacio-fluvial sand and gravel
underlying the facility.Clay and other fine-grained, impermeable soi l are present below the sand
and gravel at depths ranging from 10 to 35 feet below ground surface. Where the dense oil
encountered these fine grained clay or fine-grained soils ,it either accumulated at that location or
migrated laterally along the upper surface of the clay/soils, impacting the subsurface beneath
other properties south and east of the MGP. Some MGP constituents have dissolved in
groundwater and have migrated advectively with the natural groundwater flow.[Note: The
“MCP” is the Commonwealth of Massachusetts’ code of regulations (310 CMR 40.0000) for the
notification, assessment and cleanup of disposal sites where a release of Oil or Hazardous
Materials has been detected.]
Reason for Activity and Use Limitation
To limit future potential exposures on the Portion of the Property subject to the AUL (see Exhibit
A-1)certain activity and use restrictions will be placed on the Portion of the Property.
Specifically, this AUL will prevent exposures of certain receptors (i.e. children, trespassers,site
workers and residents) to MGP residuals in the subsurface.A Method 3 risk characterization
was completed to evaluate potential risks associated with the MGP-related compounds in the
subsurface fill, soil, and groundwater. There are no risks of harm to human health posed by the
MGP residuals that are present at the disposal site under current activities and uses because
humans are not able to contact the MGP residuals in their present location. However, results of
the risk characterization indicate a condition of No Significant Risk of harm to human health,
public welfare and the environment does not exist at the Site under reasonably foreseeable future
conditions in the absence of an AUL.Implementation of this AUL will limit future potential
exposures to MGP residuals that are present at the Portion of the Property near the ground
surface (i.e., within 15 feet of the ground surface).In addition to those residuals, there are
similar MGP residuals at depths greater than 15 ft bgs on the Portion of the Property.[Note: The
MCP allows a risk characterization for a disposal site to be performed by one of three methods:
Method 1, which involves a comparison of soil and groundwater contaminant concentration
measured at a site to existing numerical standards; Method 2, which involves comparison of soil
and groundwater contaminant levels measured at a site to more site-specific numerical
standards derived for a particular site; and Method 3, which involves a quantification of total
site risk considering on-site receptors, assumed exposure scenarios, and contaminant levels
measured at the site.]
1.Permitted Activities and Uses
The following activities and uses are permitted at the Portion of the Property:
(i) Use or development of the Portion of the Property as an industrial, commercial, or
retail property, or use or development of the Portion of the Property for vehicular
parking, vehicular traffic, bicycle path, pedestrian, or other activities and uses which
would not compromise the structural integrity of any existing or any replacement surface
barrier (as defined in Paragraph 1 (ii) below) and/or allow direct contact with soil
beneath that barrier;
(ii) Use of the Portion of the Property as a residence, school, daycare, nursery,
playground, recreational area, etc. where a child is likely to be present, provided that
access to subsurface soils is prevented through the use of a barrier to direct contact on
the proposed area. This barrier would consist of a minimum of three (3) feet of
unimpacted soils (which may have but does not rely on,other surface materials such as
landscaping, concrete or brickwork sidewalk,bituminous pavement, etc.)
(iii) Excavation and/or removal of soils within three feet of ground surface or within one
foot of the bottom and two feet of each side of subsurface utilities associated with
maintenance or repair of these subsurface utilities, provided that the excavation is
backfilled with an equal thickness of unimpacted soils.
(iv) Excavation and/or removal of potentially contaminated subsurface soils (greater than
three (3 )feet below ground surface and where present,below geotextile marker layer and
associated handling and processing (e.g. size reduction, etc.) associated with limited
short-term (three months or less)construction work, provided that it is conducted in
accordance with the performance standards of the MCP. Potentially contaminated soils
are located directly beneath an at least three (3) foot thick layer of unimpacted soil .Such
activities must be conducted in accordance with the performance standards set forth by
the MCP and conducted under the direction of a Licensed Site Professional (LSP).
[Note: An LSP is a person that the Commonwealth of Massachusetts has determined has
the appropriate education and experience to manage the assessment and remediation of
sites pursuant to the MCP without the direct oversight of the Massachusetts Department
of Environmental Protection (Mass DEP)].Excavation activities must be conducted in
accordance with the Soil Management Procedures pursuant to 310 CMR 40.0030, and/or
all applicable worker health and safety practices pursuant to 310 CMR 40.0018, and
must ensure prompt repair/replacement of a comparable barrier immediately following
the completion of the project;
(v) Maintenance activities related to the repair, resurfacing and/or replacement of
pavement, parking lots, sidewalks, bicycle paths, and driveways, provided that such
activities do not result in contact with potentially contaminated soils. Potentially
contaminated soils are located immediately beneath an at least three (3) foot thick layer
of unimpacted soil. Maintenance activities are allowed provided they do not extend
below these depths or compromise contaminated soil located beneath these depths and
provided that the barrier is replaced;
(vi) Landscape activities, including lawn mowing, mulching, and/or planting of flowers
and shrubs that do not result in disturbance or direct contact with existing potentially
contaminated soil that is located at a depth of over three (3) feet below the ground
surface and provided that the barrier is replaced;
(vii) Activities and uses which are not identified by this Notice as being inconsistent
with maintaining a condition of No Significant Risk; and
(viii) Such other activities and uses which, in the Opinion of an LSP, shall present no
greater risk of harm to health, safety, public welfare, or the environment than the
activities and uses set forth in this paragraph.
2.Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the assumptions of the Risk Characterization, and
which, if implemented at the Portion of the Property, may result in a significant risk of harm to
human health, safety, public welfare, or the environment are as follows:
(i) Except as provided in Paragraphs 1(v) or 1(vi) above, activities and/or uses which
involve the removal and/or disturbance of the barrier o n the Portion of the Property
and/or the disturbance of the contaminated soil located immediately beneath the surface
barrier without prior development of a Soil Management Plan and a Health and Safety
Plan in accordance with Obligations (i) and (ii) of Paragraph 3 below;
(ii) Relocation of the contaminated soil from beneath the barrier o n the Portion of the
Property, unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iii) Construction of a building on the Portion of the Property which does not meet the
residential building assumptions of the vapor intrusion model and risk characterization
used to support the Response Action Outcome for the portion of the Disposal Site
subject to this AUL without prior evaluation by a LSP who renders an Opinion which
states that the use of such building is consistent with maintaining a condition of No
Significant Risk;
(iv) Activities and/or uses which cause physical or chemical deterioration, breakage, or
structural damage to the barrier, unless the barrier is replaced immediately following
such activities as allowed under Paragraphs 1 (iv), 1 (v), and 1 (vi) above;
(v) Use of soils at the Portion of the Property for the cultivation of fruits and vegetables
intended for human consumption;
(vi) Any activity, including, but not limited to, grading or excavation, which involves
disturbance, relocation and/or removal of soil from the Portion of the Property, without
the prior development and implementation of a Soil Management Plan and Health and
Safety Plan in accordance with Obligations (i) and (ii) of Paragraph 3 below, and
restoration of the barrier as described in Obligation (iii) of Paragraph 3 below;and
(vii) Activities and/or uses that may decrease the thickness of the barrier in areas of the
Portion of the Property except as allowed in sections 1(v) and 1 (vi) above.
3.Obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations 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 this AUL Opinion shall
include the following:
(i) A Soil Management Plan must be prepared by an LSP and implemented prior to the
commencement of any activity that will disturb the contaminated soil located
immediately beneath the barrier.The Soil Management Plan must be prepared by an
LSP and implemented prior to the commencement of any activity at the Portion of the
Property that involves the disturbance, excavation and/or removal of OHM-impacted
soil, with the exceptions described in Paragraph 1 above.The Soil Management Plan
should describe appropriate soil excavation, handling, storage, transport, and disposal
procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et
seq. and appropriate groundwater handling, storage, and disposal procedures in
accordance with the provision of the MCP cited at 310 CMR 40.0040 et seq.The Soil
Management Plan should include a description of the engineering controls and
environmental monitoring procedures, if any, necessary to ensure that workers and
receptors in the vicinity are not affected by fugitive dust or particulates from the Portion
of the Property. On-site workers must be informed of the requirements of the Soil
Management Plan, and the plan must be available on-site throughout the course of the
project; and;
(ii) A Health and Safety Plan pursuant to 310 CMR 40.0018,must be prepared by a
certified Industrial Hygienist or other qualified individual sufficiently trained in worker
health and safety requirements and implemented prior to the commencement of any
activity which involves the disturbance, excavation and/or removal of OHM-impacted
soil, with the exceptions described in Paragraph 1 above. The Health and Safety Plan
should specify the type of personal protection (i.e., clothing, respirators), engineering
controls, and environmental monitoring (if any) necessary to prevent worker exposures
to OHM-impacted soil.Workers must be informed of the requirements of the Health and
Safety Plan, and the plan must be available on -site throughout the course of the project;
(iii) The barrier within the Portion of the Property must be reasonably maintained,
repaired and/or replaced with a comparable barrier to prevent future exposures to
underlying contaminated soil immediately following the completion of any activity
which involves its removal and/or disturbance;
(iv) The barrier must be maintained within the Portion of the Property to ensure that the
contaminated soil located beneath the surface barriers remains inaccessible;
(v) Semi-annual inspections and associated record-keeping activities must be performed
to confirm that the barrier is being properly maintained to prevent exposure(s) to
contaminated soil located beneath the barrier;
(vi) Specifications for future buildings to be constructed at the Portion of the Property
must be compared to the assumptions of the vapor intrusion model and risk
characterization used to support the Response Action Outcome for the Disposal Site and
re-evaluated by an LSP who must render an Opinion as to whether property conditions,
activities, and/or uses associated with the future building potentially pose a significant
risk of harm to human health; and
(vii) Response actions must be conducted in accordance with the Massachusetts
Contingency Plan, 310 CMR 40.0000, should an LSP Opinion rendered pursuant to
Obligation (i) conclude that future uses and activities, including exposures associated
with future building construction, are inconsistent with maintaining a condition of No
Significant Risk.
LSP Signature
The Activity and Use Limitation Opinion presented herein was prepared on MONTH DAY,
YEAR by:
LSP SIGNATURE